Agenda_2017_3_22_Meeting(303)Commission Meeting (Presentations & Aw ards)
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
March 22, 2017 - 4:00 PM
Mayor Philip Levine
Commissio ner John Elizabeth Aleman
Commissio ner Ricky Arriola
Commissio ner Michael Grieco
Commissio ner Joy Malakoff
Commissio ner Kristen Ro sen Gonzalez
Commissio ner Micky Steinberg
City Manager Jimmy L. Mo rales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings.
ATT ENT ION ALL LOBBYIST S
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the
registration of all lobbyists w ith the Office of the City Clerk prior to engaging in any lobbying activity
w ith 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 law s are available in the Office of the
City Clerk. Questions regarding the provisions of the Ordinance should be directed to the Office of the
City Attorney.
To request this material in alternate f o rmat, sign language interpreter (f ive-day notice required), inf ormation on
access f or persons with disabilities, and/or any accommo dation to review any document or participate in any
city-sponso red proceedings, call 305.604.2489 and select 1 for English o r 2 f o r Spanish, then o ption 6; TTY
users may call via 711 (Florida Relay Service).
In order to ensure adequate public co nsideratio n, if necessary, the Mayor and City Commission may mo ve any
agenda item to an alternate meeting. In addition, the Mayor and City Commission may, at their discretion,
adjourn the Commission Meeting without reaching all agenda items.
AGENDA KEY
Presentations and Awards:Regular Agenda:
PA - Presentations and Awards R2 - Competitive Bid Repo rts
R5 - Ordinances
Consent Agenda:R7 - Reso lutions
C2 - Co mpetitive Bid Reports R9 - New Businesses & Commissio n Requests
C4 - Co mmission Co mmittee Assignments R10 - City Atto rney Reports
C6 - Co mmission Co mmittee Reports
C7 - Resolutio ns Reports and Informational Items
Page 1 of 154
AGENDA
1.CALL TO ORDER
2.PLEDGE OF ALLEGIANCE
3.REQUEST FOR ADDITIONS, WITHDRAWALS, AND DEFERRALS
Presentations and Aw ards
PA 1 RECOGNITION OF ALBERTO M. CARVALHO, MIAMI-DADE SUPERINTENDENT OF
SCHOOLS, FOR HIS EFFORT AND DECISION ON TRANSGENDER BATHROOM(S).
Vice-Mayo r Kristen Ro sen Gonzalez
PA 2 PROCLAMATION DECLARING APRIL 2017 AS AUTISM AWARENESS MONTH.
Commissioner Michael Grieco
PA 3 CERTIFICATE OF RECOGNITION TO BE AWARDED TO DANIEL FINGERHUT FOR HIS
DEDICATION AND CONTRIBUTIONS TO MIAMI BEACH.
Commissioner Jo hn Elizabeth Aleman
PA 4 PROCLAMATION TO BE AWARDED TO THE PALACE FOR THEIR LEGACY AND
CONTRIBUTIONS TO THE LGBTQ COMMUNITY IN MIAMI BEACH.
Commissioner Jo hn Elizabeth Aleman
PA 5 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO DARA SCHOENWALD, FOR HER
ACT OF KINDNESS IN RAISING MONEY FROM 26 FRIENDS TO SUPPORT A VALENTINE'S
DAY GIFT BAG FOR EACH OF THE 130 WOMEN IN RESIDENCE AT LOTUS HOUSE.
Commissioner Micky Steinberg
PA 6 PROCLAMATION TO BE PRESENTED TO PAUL TOLIUSZIS, MIAMI BEACH YOGA
GURU, FOR HIS DEDICATION AND CONTRIBUTION IN OUR COMMUNITY.
Vice-Mayo r Kristen Ro sen Gonzalez
PA 7 EMPLOYEE PERFORMANCE RECOGNITION.
Office of the City Manager
PA 8 PROCLAMATION RECOGNIZING APRIL 2017 AS FAIR HOUSING MONTH.
Mayor Philip Levine
PA 9 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO ROBERT ASHENOFF, OF
BEACH TOWING, FOR SPONSORSHIP OF OUR CITY’S YOUTH.
Vice-Mayo r Kristen Ro sen Gonzalez
PA 10 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO THE EDWARDS FAMILY FOR
BEING RECOGNIZED AS A MIAMI-DADE COUNTY PUBLIC SCHOOLS 2016-2017 SCHOOL
FAMILY OF THE YEAR.
Commissioner Micky Steinberg
PA 11 PROCLAMATION TO BE PRESENTED TO MICHAEL S. GOLDBERG, MIAMI BEACH
CHAMBER OF COMMERCE CHAIR 2013-2016.
Commissioner Joy Malako f f
Page 2 of 154
PA 12 PROCLAMATION TO BE PRESENTED TO LEIGH EMERSON-SMITH, FOR HER 33 YEARS
OF DEDICATION AND PASSION AS AN OCEAN RESCUE EMPLOYEE AND SUPER
CITIZEN.
Mayor Philip Levine
PA 13 CERTIFICATES OF COMPLETION TO BE PRESENTED TO CITY OF MIAMI BEACH
NEIGHBORHOOD LEADERSHIP ACADEMY GRADUATES FOR FALL 2016.
Office of the City Manager
CONSENT AGENDA
C2 - Competitive Bid Reports
C2 A REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ) NO. 2017-
129-KB FOR ENGINEERING SERVICES FOR WATER & WASTEWATER SYSTEMS
PROJECTS.
Procurement/Public Works
C4 - Commission Committee Assignments
C4 A REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO CONSIDER
THE MOTION FROM THE PARKS & RECREATIONAL FACILITIES ADVISORY BOARD
REGARDING THE INCLUSION OF A ROOFTOP SEATING AREA IN THE SCOPE OF THE
NORTH SHORE PARK PROSHOP/OFFICE AREA EXPANSION PROJECT.
Commissioner Jo hn Elizabeth Aleman
C4 B REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AN
ARRANGEMENT WITH SABRINA COHEN FOUNDATION FOR THE CONSTRUCTION AND
OPERATION OF AN ADAPTIVE FITNESS CENTER AT A PORTION OF THE 53RD STREET
PARKING LOT WITH DIRECTION TO STAFF TO DO OUTREACH TO THE BUILDINGS
IMMEDIATELY ADJACENT.
Commissioner Joy Malako f f
C4 C REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE OF A
TEMPORARY ART INSTALLATION, "ART IN MOTION" COMMUNITY PROJECT, TO
PROMOTE THE ARTWORK OF MIAMI BEACH SENIOR HIGH SCHOOL STUDENTS.
Commissioner Joy Malako f f
C7 - Resolutions
C7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING A DONATION IN THE AMOUNT OF $10,000.00 FROM THE MIAMI
BEACH EDUCATION FOUNDATION, INC., FROM PROCEEDS OF THE 2017 MIAMI BEACH
CHAMBER OF COMMERCE'S ANNUAL GOLF CLASSIC, TO BE UTILIZED BY THE CITY OF
MIAMI BEACH'S INTERNATIONAL BACCALAUREATE (IB) EDUCATIONAL PROGRAM, AND
APPROPRIATING THE $10,000.00 DONATION TO THE CITY'S IB PROGRAM.
Organization Development Performance
Initiatives
C7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, SUPPORTING SENATE BILL 1000 (SB 1000) AND HOUSE BILL 1105 (HB 1105),
WHICH AMEND FLORIDA’S FIRESAFETY STANDARDS TO PRESERVE
ARCHITECTURALLY SIGNIFICANT BUILDING FEATURES.
Of f ice o f the City Attorney
Page 3 of 154
Commissioner Jo hn Elizabeth Aleman
C7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, SUPPORTING FLORIDA SENATE BILL 964 (SB 964) AND HOUSE BILL 1249 (HB
1249) CONCERNING EDUCATION ACCOUNTABILITY BY AMENDING PROVISIONS IN THE
FLORIDA STATUTES TO ELIMINATE CERTAIN END-OF-COURSE EXAMS AND PROVIDING
OTHER EDUCATION REFORMS RELATED TO CHARTER SCHOOLS, PROMOTION AND
GRADUATION REQUIREMENTS, STANDARD HIGH SCHOOL DIPLOMA DESIGNATIONS,
THE STATEWIDE STANDARDIZED ASSESSMENT PROGRAM, REPORTS RELATING TO
STUDENT PROGRESSION AND SCHOOL IMPROVEMENT, THE SCHOOL GRADING
SYSTEM, AND PERSONNEL EVALUATIONS.
Of f ice o f the City Attorney
Commissioner Jo hn Elizabeth Aleman
C7 D A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, SUPPORTING FLORIDA SENATE BILL 1682 (SB 1682) AND HOUSE BILL 1237
(HB 1237) AMENDING FLORIDA'S CONDOMINIUM ACT BY PROVIDING REFORMS TO
PROTECT CONDOMINIUM OWNERS AND RESIDENTS.
Of f ice o f the City Attorney
Commissioner Jo hn Elizabeth Aleman
C7 E A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, SUPPORTING EFFORTS TO SEEK A COMMITMENT FROM FLORIDA POWER &
LIGHT TO DISCONTINUE THE USE OF THE COOLING CANAL SYSTEM AT THE TURKEY
POINT NUCLEAR POWER PLANT AS SOON AS POSSIBLE.
Of f ice o f the City Attorney
Commissioner Michael Grieco
C7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, REQUESTING MIAMI-DADE COUNTY AND THE UNITED STATES COAST
GUARD TO TAKE IMMEDIATE STEPS, IN THE INTEREST OF THE PUBLIC HEALTH,
SAFETY, AND WELFARE, TO PREVENT FUTURE MALFUNCTIONS OF THE EAST
BASCULE BRIDGE ON THE VENETIAN CAUSEWAY OR, IN THE ALTERNATIVE, TO
PERMANENTLY CLOSE THE BRIDGE.
Of f ice o f the City Attorney
Commissioner Micky Steinberg
C7 G A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING RESOLUTION NO. 2016-29375 TO AUTHORIZE THE MAYOR AND
CITY COMMISSION, UPON WRITTEN RECOMMENDATION OF THE CITY MANAGER, TO
WAIVE, BY 5/7TH VOTE, THE CITY’S MORATORIUM ON THE PURCHASE BY THE CITY OF
GOODS OR SERVICES SOURCED IN NORTH CAROLINA AND MISSISSIPPI, WHENEVER
ANY SUCH WAIVER MAY BE REQUIRED FOR FEDERAL, STATE, OR MIAMI-DADE
COUNTY FUNDING ELIGIBILITY PURPOSES; AND ACCORDINGLY, WAIVING, BY 5/7TH
VOTE, THE REQUIREMENTS OF RESOLUTION NO. 2016-29375 WITH RESPECT TO ANY
PROJECTS FUNDED BY OR THROUGH THE FLORIDA DEPARTMENT OF
TRANSPORTATION.
Pro curement
Commissioner Jo hn Elizabeth Aleman
REGULAR AGENDA
R5 - Ordinances
R5 A ART DECO / MIMO COMMERCIAL CHARACTER AND FORMULA COMMERCIAL OVERLAY
Page 4 of 154
DISTRICT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED “GENERAL
PROVISIONS,” TO PROVIDE FOR DEFINITIONS FOR “CHECK CASHING STORE,”
“CONVENIENCE STORE,” “FORMULA RESTAURANT,” “FORMULA COMMERCIAL
ESTABLISHMENTS,” “MARIJUANA DISPENSARY,” “CANNABIS DISPENSARY,” “OCCULT
SCIENCE ESTABLISHMENT,” “PHARMACY,” “SOUVENIR AND T-SHIRT SHOP,” “TATTOO
STUDIO,” “MASSAGE THERAPY CENTER,” AND RELATED DEFINITIONS; AMENDING
CHAPTER 142 OF THE CITY CODE, ENTITLED “ZONING DISTRICTS AND REGULATIONS,”
AT ARTICLE III, ENTITLED "OVERLAY DISTRICTS," TO ESTABLISH DIVISION 12,
ENTITLED “ART DECO / MIMO COMMERCIAL CHARACTER OVERLAY DISTRICT,” TO
PROVIDE ADDITIONAL REGULATIONS FOR THE AFOREMENTIONED USES, INCLUDING
DISTANCE SEPARATION REQUIREMENTS, LIMITATIONS ON NUMBER OF
ESTABLISHMENTS, AND PROHIBITIONS UNDER CERTAIN CIRCUMSTANCES;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
5:01 p.m. First Reading Public Hearing Planning
Continued f ro m March 1, 2017 - R5 M Commissioner Ricky Arriola
R5 B AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI
BEACH, ENTITLED “ALCOHOLIC BEVERAGES,” ARTICLE I, ENTITLED “IN GENERAL,”
SECTION 6-3 THEREOF, ENTITLED “HOURS OF SALE,” TO PROHIBIT PACKAGE LIQUOR
SALES BEFORE 8:00 A.M. EACH DAY AT RETAIL STORES (INCLUDING PACKAGE,
GROCERY, CONVENIENCE, AND ANY OTHER RETAIL STORES, AS WELL AS GASOLINE
STATIONS/SERVICE STATIONS) AND ALCOHOLIC BEVERAGE ESTABLISHMENTS; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
First Reading Of f ice o f the City Attorney
Continued f ro m March 1, 2017 - R5 W Co mmissioner Joy Malakoff and Co -spo nsored
by Commissioner Ricky Arriola
R5 C AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH RELATING TO
THE PROCEDURES TO PROVIDE A VENDOR PREFERENCE IN THE AWARD OF
CONTRACTS FOR GOODS AND CONTRACTUAL SERVICES, TO SMALL BUSINESSES
OWNED AND CONTROLLED BY VETERANS OR STATE-CERTIFIED SERVICE-DISABLED
VETERAN BUSINESS ENTERPRISES, BY AMENDING CHAPTER 2, ENTITLED,
"ADMINISTRATION," BY AMENDING ARTICLE VI, ENTITLED, "PROCUREMENT," BY
AMENDING DIVISION 3, ENTITLED, "CONTRACT PROCEDURES," BY AMENDING
SECTION 2-374, ENTITLED, "PROCEDURE TO PROVIDE PREFERENCE TO VETERANS IN
CONTRACTS FOR GOODS AND CONTRACTUAL SERVICES," BY CREATING A
SUBSECTION 4 THEREOF, TO DELEGATE TO THE CITY MANAGER THE AUTHORITY TO
WAIVE THE REQUIREMENTS OF SECTION 2-374 IF THE CITY MANAGER FINDS SUCH A
WAIVER TO BE REQUIRED FOR FEDERAL, STATE OR MIAMI-DADE COUNTY FUNDING
ELIGIBILITY PURPOSES; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
First Reading Pro curement
Commissioner Jo hn Elizabeth Aleman
R7 - Resolutions
R7 A 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO
AWARD AN AGREEMENT, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2016-
090-KB, FOR DESIGN/BUILD SERVICES FOR WEST AVENUE IMPROVEMENTS PHASE II
SOUTH OF 14 STREET (PHASE II), TO RIC-MAN CONSTRUCTION FLORIDA, INC., WITH
THE GUARANTEED MAXIMUM PRICE (GMP) IN THE AMOUNT OF $13,113,590.00;
AUTHORIZING A TEN PERCENT (10%) OWNER'S CONTINGENCY FOR THE PROJECT IN
Page 5 of 154
THE AMOUNT OF $1,311,359.00; AND FURTHER AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A DESIGN BUILD AGREEMENT WITH RIC-MAN CONSTRUCTION
FLORIDA, INC.
2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO
AWARD AN AGREEMENT, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2016-
091-KB, FOR DESIGN/BUILD SERVICES FOR WEST AVENUE IMPROVEMENTS PHASE II
NORTH OF 14 STREET (PHASE II), TO RIC-MAN CONSTRUCTION FLORIDA, INC., WITH
THE GUARANTEED MAXIMUM PRICE (GMP) IN THE AMOUNT OF $30,243,063.00;
AUTHORIZING A TEN PERCENT (10%) OWNER'S CONTINGENCY FOR THE PROJECT IN
THE AMOUNT OF $3,024,306.30; AND FURTHER AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A DESIGN BUILD AGREEMENT WITH RIC-MAN CONSTRUCTION
FLORIDA, INC.
(IT EM T O BE SUBMIT T ED IN SUPPLEMENTAL)
Public Works/Pro curement
R9 - New Business and Commission Requests
R9 A DISCUSSION AND UPDATE REGARDING THE PLANNED PUBLIC WORKS AND CAPITAL
IMPROVEMENT PROJECTS IN THE CITY OVER THE NEXT FIVE YEARS INCLUDING
COUNTY AND STATE PROJECTS.
Commissioner Micky Steinberg
Def erred f rom March 1, 2017 - R9 T
R9 B DISCUSSION ITEM TO RECEIVE AN UPDATE FROM THE COUNTY REGARDING
MOSQUITO CONTROL EFFORTS AND STRATEGIES.
Commissioner Jo hn Elizabeth Aleman
Def erred f rom March 1, 2017 - R9 E
R9 C DISCUSSION REGARDING THE CITY'S POLICY ON FIRST RESPONDERS CONTRACTING
DISEASE ON DUTY, AND THE PASSAGE OF A RESOLUTION SUPPORTING STATE
EFFORTS TO PROTECT POLICE OFFICERS AND FIREFIGHTERS IN THIS REGARD.
Commissioner Michael Grieco
Continued f ro m March 1, 2017 - R9 O
R9 D UPDATE ON BUS SHELTER DESIGN NEGOTIATIONS PURSUANT TO REQUEST FOR
QUALIFICATIONS (RFQ) NO. 2016-116-KB FOR ARCHITECTURAL AND ENGINEERING
DESIGN SERVICES FOR NEW BUS SHELTERS.
Transportation
R9 E DISCUSSION REGARDING EXPENSES ASSOCIATED WITH THE HOLOCAUST
MEMORIAL'S YOM HASHOAH (HOLOCAUST REMEMBRANCE DAY), TAKING PLACE
SUNDAY APRIL 23, 2017, AT 5:00 PM AT THE HOLOCAUST MEMORIAL AND ON MERIDIAN
AVENUE FROM 18 STREET TO DADE BOULEVARD.
Tourism, Culture and Economic Development
R9 F A DISCUSSION REGARDING POSSIBLE USE OF FLAMINGO PARK TENNIS
COURTS DURING THE INTERNATIONAL TENNIS FEDERATION TOURNAMENTS
SCHEDULED FOR NOVEMBER 2017.
Tourism, Culture and Economic Development
Notices
1.USE OF AUDIO VISUAL EQUIPMENT IN THE COMMISSION CHAMBERS FOR
PRESENTATIONS DURING PUBLIC MEETINGS.
Page 6 of 154
2.TIME CERTAIN.
Page 7 of 154
Competitiv e Bid Re ports - C2 A
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Jimmy L. Morales, City Manager
DAT E:March 22, 2017
SUBJECT:REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALIFICATI ONS (RFQ)
NO. 2017-129-KB FOR ENGINEERING SERVI CES FOR WATER &
WASTEWATER SYSTEMS PROJECTS.
RECOMMENDATION
Authorize the issuance of the RFQ.
ANALY SIS
The City purchases treated potable water from Miami/Dade County, and resales it to its
customers. There are multiple connections to the Miami/Dade County water transmission
system. The City collects wastewater from its customers, including satellite cities, and conveys
it to Miami/Dade County f or treatment.
The City provided (at its most recent count) potable water service to an estimated 10,414
domestic retail water accounts, and to approximately 2,958 irrigation (water-only) accounts.
Expressed on an equivalent residential unit ("ERU") basis, the System provided service to about
29,001 domestic water ERUs and 8,443 irrigation ERUs. An ERU represents the average
capacity for a single-family residential account (served by a 5/8-inch meter), and is used to
measure the total customer base on an equivalent basis (how many total equivalent households
are being served) since a signif icant number of customers may represent a single account that
serves a large group of customers (e.g., a condominium), or commercial customer that uses a
large amount of water (e.g., a hospital or school). The ERUs were based on inf ormation
published by the American Water Works Association regarding meter capacities, and which
form the basis for the determination of meter equivalent f actors.
The City provided (at its most recent count) sanitary sewer service to an estimated 10,414 retail
sanitary sewer accounts, and 29,001 sanitary sewer ERUs (all domestic water customers
receive sanitary sewer service). The City also provides wholesale sanitary sewer to the Village
of Bal Harbour, the Town of Bay Harbor Islands, the City of North Village, and the Town of
Surf side (collectively, the "Satellite Cities").
The City is over 100 years old, and many of his assets are believed to have been installed
during the time of its inception. Improvements, and expansions have been made throughout the
City’s history, and a comprehensive review of the entire water, and wastewater inf rastructure
Page 8 of 154
needs to be perf ormed. It is the City’s intention to develop, and implement a long-term capital
improvement plan to best position the community with a resilient, robust, environmentally
responsible, and future proof, water, and wastewater system to serve into perpetuity.
To meet the City’s needs f or professional engineering services relating to its water and
wastewater infrastructure improvement goals, by means of this RFQ the City seeks to contract
for the following:
1 . Prime Consultant(s). The City may make an award to qualified consultant(s) that can
act in the capacity of the City’s prime consultant on its long term capital improvement
projects for water and wastewater. The selected prime consultant shall provide the City
with subject matter expertise to the City of Miami Beach on its water and wastewater
systems. The Consultant must have a team of qualif ied individuals who can guide the City
of Miami Beach through the decision-making process of making its water and wastewater
systems resilient, environmentally responsible, dependable, and future proof . While the
City intends to make an award to a single consultant, it reserves its right to award to
multiple consultants if it deems it is in its best interest.
2 . Pool of Pre-qualif ied Consultants. Additionally, to assist with smaller engagements
relating to water and wastewater work (or related needs), the City intends to create a
continuing pool of prequalif ied consultants in accordance with Section 287.055(2)(g). All
firms that submit qualifications proposals pursuant to the RFQ, and who are deemed to
be responsive, responsible and qualif ied may be eligible to participate in the continuing
pool of pre-qualif ied consultants.
· M INIM UM QUALIFICAT IONS. Please Ref erence, Appendix C, Page 27, RFQ
2017-129-KB for Engineering Services f or Water & Wastewater Systems Projects
(attached).
· SUBM IT TAL REQUIREM ENT S. Please Ref erence Section 0300, Page 14, RFQ
2017-129-KB for Engineering Services f or Water & Wastewater Systems Projects
(attached).
· CRIT ERIA FOR EVALUAT ION. Please Reference Section 0400, Page 16, RFQ
2017-129-KB for Engineering Services f or Water & Wastewater Systems Projects
(attached).
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of the
RFQ 2017-129-KB f or Engineering Services for Water & Wastewater Systems Projects is
subject to funds availability approved through the City’s budgeting process.
KEY INTENDED OUTCOMES SUPPORTED
Build And Maintain Priority Infrastructure With Full Accountability
FINANCIAL INFORMATION
Grant f unding will not be utilized for this project.
Page 9 of 154
Legislative Tracking
Procurement/Public W orks
ATTACHMENTS:
Description
RFQ 2017-129-KB Draft Solicitation
Page 10 of 154
REQUEST FOR QUALIFICATIONS (RFQ)
ENGINEERING SERVICES FOR WATER & WASTEWATER SYSTEMS PROJECTS
2017-129-KB
CA MIAMIBEACH
Kristy Bada, Contracting Officer III
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139
305.673.7490 I www.miamibeachfl.gov
RFQ ISSUANCE DATE: MARCH 23, 2017
STATEMENTS OF QUALIFICATIONS DUE: APRIL 24, 2017 @ 3:00 PM
ISSUED BY:
Page 11 of 154
al MIAMI BEACH
RFQ 2017-129-KB 2
TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NOT UTILIZED ........................................................................................................ N/A
0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS ............................ 3
0300 SUBMITTAL INSTRUCTIONS & FORMAT ................................................................. 12
0400 EVALUATION PROCESS ......................................................................................... 14
APPENDICES: PAGE
APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ........ 16
APPENDIX B “NO BID” FORM .......................................................................................... 23
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS ..................................... 25
APPENDIX D SPECIAL CONDITIONS .............................................................................. 28
APPENDIX F INSURANCE REQUIREMENTS ................................................................. 30
APPENDIX G SAMPLE CONTRACT ................................................................................. 32
Page 12 of 154
tiA MIAMI BEACH
RFQ 2017-129-KB
3
SECTION 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida (the “City”), as the
means for prospective Proposer to submit their qualifications, proposed scopes of work and cost Statement of
Qualifications (the “proposal”) to the City for the City’s consideration as an option in achieving the required scope of
services and requirements as noted herein. All documents released in connection with this solicitation, including all
appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and
are complementary to one another and together establish the complete terms, conditions and obligations of the
Proposer and, subsequently, the successful proposer(s) (the “contractor[s]”) if this RFQ results in an award.
The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective
proposer who has received this RFQ by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum
may result in disqualification of proposal submitted.
2. PURPOSE.
The City purchases treated potable water from Miami/Dade County, and resales it to its customers. There are
multiple connections to the Miami/Dade County water transmission system. The City collects wastewater from its
customers, including satellite cities, and conveys it to Miami/Dade County for treatment. This RFP is issued pursuant
to Chapter 287.055, Florida Statutes, the Consultants Competitive Negotiations Act (CCNA).
The City provided (at its most recent count) potable water service to an estimated 10,414 do mestic retail water
accounts, and to approximately 2,958 irrigation (water-only) accounts. Expressed on an equivalent residential unit
("ERU") basis, the System provided service to about 29,001 domestic water ERUs and 8,443 irrigation ERUs. An
ERU represents the average capacity for a single-family residential account (served by a 5/8-inch meter), and is
used to measure the total customer base on an equivalent basis (how many total equivalent households are being
served) since a significant number of customers may represent a single account that serves a large group of
customers (e.g., a condominium), or commercial customer that uses a large amount of water (e.g., a hospital or
school). The ERUs were based on information published by the American Water Works Association regarding meter
capacities, and which form the basis for the determination of meter equivalent factors.
The City provided (at its most recent count) sanitary sewer service to an estimated 10,414 retail sanitary sewer
accounts, and 29,001 sanitary sewer ERUs (all domestic water customers receive sanitary sewer service). The City
also provides wholesale sanitary sewer to the Village of Bal Harbour, the Town of Bay Harbor Islands, the City of
North Village, and the Town of Surfside (collectively, the "Satellite Cities").
The City is over 100 years old, and many of its infrastructure assets are believed to be aged, including installations
completed early in the City’s inception. Improvements, and expansions have been made throughout the City’s
history, and a comprehensive review of the entire water, and wastewater infrastructure needs to be performed. It is
the City’s intention to develop, and implement a long -term capital improvement plan to best position the community
with a resilient, robust, environmentally responsible, and future proof, water, and wastewater system to serve into
perpetuity. Additionally, it is important that Proposers shall have an understanding of Miami Beach’s vulnerabilities to
climate change and sea level rise; familiar with the work and regional planning tools of the SE Florida Climate
Change Compact and aware of the City’s approach to incremental adaptation over time. The City interested in
partnering with the most innovative and solutions-oriented engineers in the field dedicated to resilience and Miami
Beach Rising Above.
Page 13 of 154
tiA MIAMI BEACH
RFQ 2017-129-KB
4
Through this RFQ, the City desires to receive proposals from qualified firms that can provide professional services,
in accordance with Section 287.055, Florida Statutes, commonly referred to as the Consultant’s Competitive
Negotiation Act (CCNA). The City may, after considering proposals received, award contracts for services to a prime
consultant(s), as well as create a continuing pool of prequalified consultants, as follows:
1. Prime Consultant(s). The City may make an award to qualified consultant(s) that can act in the capacity of the
City’s prime consultant on its long term capital improvement projects for water and wastewater. The selected
prime consultant shall provide the City with subject matter expertise to the City of Miami Beach on its water
and wastewater systems. The Consultant must have a team of qualified individuals who can guide the City
of Miami Beach through the decision-making process of making its water and wastewater systems resilient,
environmentally responsible, dependable, and future proof. While the City intends to make an award to a
single consultant, it reserves its right to award to multiple consultants if it deems it is in its best interest.
Additionally, the City reserves the right to engage other consultants, either through option 2 below or through
other means, to assist the City in its water and wastewater endeavors. The prime consultant shall be
selected in accordance with the Consultant’s Competitive Negotiation Act for related projects as defined in
Section 287.055(2)(f)(2), Florida Statutes. As such, the scope or value of the work awarded to the prime
consultant shall not be limited to the limits established pursuant to Section 287.055(2)(g), Florida Statutes.
2. Pool of Pre-qualified Consultants. Additionally, to assist with smaller engagements relating to water and
wastewater work (or related needs), the City intends to create a continuing pool of prequalified consultants
(not selected in Option 1 above) in accordance with Section 287.055(2)(g). Firms that submit a proposal
pursuant to the RFQ, and who are deemed to be responsive, responsible and best qualified may be eligible
to participate in the continuing pool of pre-qualified consultants. The firms included in the continuing pool will
also be eligible to participate as sub-consultants to the prime consultant on applicable projects at the
discretion of the City Manager.
The process for considering qualifications proposals shall be as follows:
1. City will consider proposals received on or before the due date.
2. All responsive proposals will be submitted to the Evaluation Committee appointed by the City Manager for
evaluation in accordance with the criteria established herein. Proposals deemed non -responsive will not be
considered by the Evaluation Committee.
3. The City Manager will consider the results of the Evaluation Committee process and may recommend, in
accordance with Section 19 below, one (1) or more Proposers to be short -listed by the City Commission to
enter into contract negotiations.
4. The City intends to contract with a single prime proposer, but reserves its rights to contract with additional
prime proposers, in accordance with Subsection 2.1 above. There is no project value limit on the work to be
performed by the prime consultant.
5. Other responsive, responsible and best qualified Proposers may be eligible for the continuing pool of
prequalified consultants in accordance with Subsection 2.2 above. Projects awarded to consultants in the
continuing pool shall be limited to $200,000 for studies and design or engineering services shall be limited to
projects with construction budgets under $2 million.
GIVEN THAT THE CITY INTENDS TO AWARD A PRIME CONSULTANT AND ALLOW OTHER RESPONSIVE,
RESPONSIBLE AND QUALIFIED PROPOSERS TO BE INCLUDED IN A CONTINUING POOL OF
PREQUALIFIED CONSULTANTS, ALL QUALIFIED FIRMS ARE STRONGLY ENCOURAGED TO RESPOND TO
THIS RFQ.
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3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows:
Solicitation Issued March 23, 2017
Pre-Submittal Meeting April 5, 2017 at 10:00AM
Deadline for Receipt of Questions April 14, 2017 at 5:00PM
Responses Due April 24, 2017 at 3:00PM
Evaluation Committee Review TBD
Proposer Presentations TBD
Tentative Commission Approval Authorizing
Negotiations
TBD
Contract Negotiations Following Commission Approval
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
Procurement Contact: Telephone: Email:
KRISTY BADA 305-673-7490 KRISTYBADA@MIAMIBEACHFL.GOV
Additionally, the City Clerk is to be copied on all communications via e -mail at: RafaelGranado@miamibeachfl.gov;
or via facsimile: 786-394-4188.
The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be
received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200 -3. All
responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or
site visit(s) may be scheduled.
A Pre-PROPOSAL conference will be held as scheduled in Anticipated RFP Timetable section above at the following
address:
City of Miami Beach
Procurement Department Conference Room
1755 Meridian Avenue, 3RD Floor
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not
mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow
these steps:
(1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER: 5804578
Proposers who are interested in participating via telephone should send an e -mail to the contact person listed in this
RFQ expressing their intent to participate via telephone.
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6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre -
submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda
clarifications considered necessary by the City in response to questions. Only questions answered by written
addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through
PublicPurchase. Any prospective proposer who has received this RFQ by any means other than through
PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this
RFQ. Failure to receive an addendum may result in disqualification of proposal. Written questions should be
received no later than the date outlined in the Anticipated RFQ Timetable section.
7. CONE OF SILENCE. This RFQ is subject to, and all proposers are expected to be or become familiar with, the
City’s Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely
responsible for ensuring that all applicable provisions of the City’s Cone of Silence are complied with, and shall be
subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of
such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement
Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http://web.miamibeachfl.gov/procurement/scroll.aspx?id=23510
CONE OF SILENCE…………………………………………………………… CITY CODE SECTION 2-486
PROTEST PROCEDURES…………………………………………………… CITY CODE SECTION 2-371
DEBARMENT PROCEEDINGS………………………………………………. CITY CODE SECTIONS 2-397 THROUGH 2-485.3
LOBBYIST REGISTRATION AND DISCLOSURE OF FEES……………... CITY CODE SECTIONS 2-481 THROUGH 2-406
CAMPAIGN CONTRIBUTIONS BY VENDORS…………………………….. CITY CODE SECTION 2-487
CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT
ISSUES…………………………………………………………………………..
CITY CODE SECTION 2-488
REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS……………………………………
CITY CODE SECTION 2-373
LIVING WAGE REQUIREMENT……………………………………………… CITY CODE SECTIONS 2-407 THROUGH 2-410
PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE-
DISABLED VETERAN BUSINESS ENTERPRISES……………………….. CITY CODE SECTION 2-374
FALSE CLAIMS ORDINANCE………………………………………………... CITY CODE SECTION 70-300
ACCEPTANCE OF GIFTS, FAVORS & SERVICES………………………... CITY CODE SECTION 2-449
9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crimes may not sub mit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as
a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Sec. 287.017, fo r CATEGORY TWO
for a period of 36 months from the date of being placed on the convicted vendor list.
10. COMPLAINCE WITH THE CITY’S LOBBYIST LAWS. This RFQ is subject to, and all Proposers are expected to
be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City
lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including,
without limitation, disqualification of their responses, in the event of su ch non-compliance.
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11. DEBARMENT ORDINANCE: This RFQ is subject to, and all proposers are expected to be or become familiar
with, the City’s Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code.
12. WITH THE CITY’S CAMPAIGN FINANCE REFORM LAWS. This RFQ is subject to, and all Proposers are
expected to be or become familiar with, the City’s Campaign Finance Reform laws, as codified in Sections 2-487
through 2-490 of the City Code. Proposers shall be solely responsible for ensur ing that all applicable provisions of
the City’s Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as
prescribed therein, including disqualification of their responses, in the event of such non-compliance.
13. CODE OF BUSINESS ETHICS. Pursuant to City Resolution No.2000-23879, the Proposer shall adopt a Code of
Business Ethics ("Code") and submit that Code to the Procurement Division with its response or within five
(5) days upon receipt of request. The Code sha ll, at a minimum, require the Proposer, to comply with all applicable
governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of
the City of Miami Beach and Miami Dade County.
14. AMERICAN WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible format; sign
language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities.
For more information on ADA compliance, please c all the Public Works Department, at 305-673- 7000, Extension
2984.
15. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone
the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days
written notice of any such postponement to all prospective Proposers through PublicPurchase.
16. PROTESTS. Proposers that are not selected may protest any recommendation for selection of award in
accordance with eh proceedings established pursuant to the City’s bid protest procedures, as codified in Sections 2 -
370 and 2-371 of the City Code (the City’s Bid Protest Ordinance). Protest not timely made pursuant to the
requirements of the City’s Bid Protest Ordinance shall be barred.
17. NOT USED.
18. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374, the City shall give
a preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a
veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the
lowest responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or
contractual services for the lowest responsive proposal amount (or in this RFQ, the highest proposal amount).
Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more proposers which are a
small business concern owned and controlled by a veteran(s) or a service -disabled veteran business enterprise
constitute the lowest proposal pursuant to an RFQ or oral or written request for quotation, and such proposals are
responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the
service-disabled veteran business enterprise.
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19. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of
Proposals, will be considered by the City Manager who may recommend to the City Commission the Proposer(s)
s/he deems to be in the best interest of the City or may recommend rejection of all proposals , include prime
consultant(s) and continuing pool of prequalified consultant(s). The City Manager’s recommendation need not be
consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2 -
369, including the following considerations:
(1) The ability, capacity and skill of the Proposer to perform the contract.
(2) Whether the Proposer can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the
contract.
The City Commission shall consider the City Manager’s recommendation and may approve such recommendation.
The City Commission may also, at its option, reject the City Manager’s recommendation and select another Proposal
or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals.
20. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the
selected Proposer(s) to determine the prime consultant(s). Other proposers not selected as prime consultant that are
deemed to be responsive, responsible and best qualified, as recommended by the City Manager and approved City
Commission, are eligible to participate in the continuing pool of prequalified consultants.
Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in
the event the parties are unable to negotiate a contract. It is also understood and ackn owledged by Proposers that
no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been
agreed to; approved by the City; and executed by the parties. The City may impose a ceiling on hourly rates to be
allowed under the contract. Firms that do not accept the ceiling on rates may be eliminated from further
consideration.
21. POSTPONEMENT/CANCELLATION/ACCEPTANCE/REJECTION. The City may, at its sole and absolute
discretion, reject any and all, or parts of any and all, responses; re-advertise this RFQ; postpone or cancel, at any
time, this RFQ process; or waive any irregularities in this RFQ, or in any responses received as a result of this RFQ.
Reasonable efforts will be made to either award the propose r the contract or reject all proposals within one-hundred
twenty (120) calendar days after proposal opening date. A proposer may withdraw its proposal after expiration of one
hundred twenty (120) calendar days from the date of proposal opening by deliverin g written notice of withdrawal to
the PROCUREMENT DEPARTMENT prior to award of the contract by the City Commission.
22. PROPOSER’S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for
making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions
and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements,
and/or failure to make such evaluations, investigations, a nd examinations, will not relieve the Proposer from any
obligation to comply with every detail and with all provisions and requirements of the contract, and will not be
accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the
Proposer.
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23. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals,
or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and
expense) of the Proposer, and shall not be reimbursed by the City.
24. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposers hereby acknowledge and agree, that
the successful Proposer is considered to be an independent contractor, and that neith er the Proposer, nor the
Proposer’s employees, agents, and/or contractors, shall, under any circumstances, be considered employees or
agents of the City.
24. OCCUPATIONAL HEALTH AND SAFETY. In compliance with Chapter 442, Florida Statutes, any toxic
substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must
be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer.
25. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a proposer's history of citations
and/or violations of environmental regulations in investigating a proposer's responsibility, and further reserves the
right to declare a proposer not responsible if the history of violations warr ant such determination in the opinion of the
City. Proposer shall submit with its proposal, a complete history of all citations and/or violations, notices and
dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the
Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation
or violation which proposer may receive after the proposal opening date and during the time of performance of any
contract awarded to it.
26. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules,
proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ. Failure to do so will
be at the Proposer's risk and may result in the Proposal being non-responsive.
28. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and
found to comply with contract, specifications, free of damage or defect, and are properly invoiced. Invoices must be
consistent with Purchase Order format.
29. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach,
Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and
expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactu red
or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the Proposer
uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed,
without exception, that the proposal prices shall include all royalties or cost arising from the use of such design,
device, or materials in any way involved in the work.
30. DEFAULT: Failure or refusal of the selected Proposer to execute a contract following approval of s uch contract
by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result
in a claim for damages by the City and may be grounds for removing the Proposer from the City’s vendor list.
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31. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner
and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of
knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from
responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained,
experienced, certified, and licensed in all areas encompassed within their designat ed duties. Proposer agrees to
furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently
required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a
material breach of this contract.
Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or
services as a result of any contract resulting from this solicitation , the contractor will assume the full duty, obligation
and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all
applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the
Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws.
32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence.
33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non -discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance
with the City’s Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit
discrimination by reason of race, color, national origin, religion, sex, intersexuality, gende r identity, sexual
orientation, marital and familial status, and age or disability.
34. DEMONSTRATION OF COMPETENCY. The city may consider any evidence available regarding the financial,
technical, and other qualifications and abilities of a Proposer, in cluding past performance (experience) in making an
award that is in the best interest of the City, including:
A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract.
B. Proposals will only be considered from firms which are regularly engaged in the business of providing the
goods and/or services as described in this solicitation.
C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation.
D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and
well established company in line with the best business practices in the industry, and as determined by the City
of Miami Beach.
E. The City may consider any evidence available regarding the financial, technical, and other qualif ications and
abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of
the City.
F. The City may require Proposer s to show proof that they have been designated as authorized representatives
of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require
material information from the source of supply regarding the quality, packaging, and characteristics of the
products to be supply to the City.
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35. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the
contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to
any person, company or corporation, without the prior written consent of the City.
36. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and
inspection fees required to complete the work and shall comply with all applicable laws.
37. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of government
or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency.
38. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the contractor. However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as -needed basis
through the City’s spot market purchase provisions.
39. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
A. Any contract or agreement resulting from the award of this solicitation; then
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. The solicitation; then
D. The Proposer’s proposal in response to the solicitation.
40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorney’s fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the agreement by the contractor or its employees, agents, servants, partners, principals or
subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where appl icable, including appellate
proceedings, and shall pay all costs, judgments, and attorney’s fees which may be incurred thereon. The Proposer
expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided
by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall
survive the expiration or termination of this Agreement.
41. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the
stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been
awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by
the City and the contractor.
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42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides
notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier.
Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to,
agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perform the services; (b) provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that do es not exceed the cost provided in
this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet a ll
requirements for retaining public records and transfer, at no cost, to the public agency all public records in
possession of the contractor upon termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information technology systems of the
public agency.
43. OBSERVANCE OF LAWS. Proposers are expected to be familiar with, and comply with, all Federal, State,
County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals
having jurisdiction or authority which, in any manner, may affect the scope o f services and/or project contemplated
by this RFQ (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the
EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the
Proposer will in no way relieve it from responsibility for compliance.
44. CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, the name(s) of any officer, director,
agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami
Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly,
an interest of ten (10%) percent or more in the Proposer entity or any of its affili ates.
45. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all
or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received
after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award
unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening
of Proposals without a contract award. Letters of withdraw al received after the Proposal due date and before said
expiration date, and letters of withdrawal received after contract award will not be considered.
47. EXCEPTIONS TO RFQ. Proposers must clearly indicate any exceptions they wish to take to any of the
terms in this RFQ, and outline what, if any, alternative is being offered. All exceptions and alternatives shall
be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion,
may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives
are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the
RFQ to which Proposer took exception to (as said term and/or condition was originally set forth on the
RFQ).
48. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the City, for the purpose of influencing considerati on of this
Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or
service that might reasonably tend improperly to influence him in the discharge of his official duties.
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49. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers
at any time during the RFQ solicitation process.
50. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or
facilities (“items”), it is hereby agreed and understood that the City, through the approval of the Department and
Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than
$50,000), may require additional items to be added to the Contract which are required to complete the work. When
additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being
requested, under this contract may be invited to submit price quote (s) for these additional requirements. If these
quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract
vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a
Purchase Order (or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary
to add additional items through a formal amendment to the Contract, to b e approved by the City Manager.
The City may determine to obtain price quotes for the additional items from other vendors in the event that
fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the
City’s discretion.
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SECTION 0300 SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED RESPONSES. One original Statement of Qualifications (preferably in 3-ring binder) must be submitted
in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals.
Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The
following information should be clearly marked on the face of the envelope or container in which the proposal is
submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications
received electronically, either through email or facsimile, are not acceptable and will be rejected.
2. LATE BIDS. Statement of Qualifications are to be received on or before the due date established herein for the
receipt of Bids. Any Bid received after the deadline established for receipt of Statement of Qualifications will
be considered late and not be accepted or will be returned to proposer unopened. The City does not accept
responsibility for any delays, natural or otherwise.
3. STATEMENTS OF QUALIFICATIONS FORMAT. In order to maintain comparability, facilitate the review process
and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that
Statement of Qualifications be organized and tabbed in accordance with the sections and manner specified below.
Hard copy submittal should be tabbed as enumerated below and contain a table of contents wi th page references.
Electronic copies should also be tabbed and contain a table of contents with page references. Statement of
Qualifications that do not include the required information will be deemed non-responsive and will not be considered.
TAB 1 Cover Letter & Minimum Qualifications Requirements
1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the
purposes of this solicitation.
1.2 Response Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed.
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
qualifications requirements established in Appendix C, Minimum Requirements and Specifications.
TAB 2 Experience & Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm’s history and relevant experience
and proven track record of providing the scope of services similar as identified in this solicitation, including experience in
providing similar scope of services to public sector agencies. For each project that the proposer submits as evidence of
similar experience, the following is required: project description, agency name, agency contact, contact telephone &
email, and year(s) and term of engagement. Experience and qualifications should demonstrate the firms experience
with vulnerabilities to climate change and sea level rise; familiar with the work and regional planning tools of the SE
Florida Climate Change Compact and awareness of incremental adaptation over time.
2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for
this project if awarded, the role that each team member will play in providing the services detailed herein and each team
members’ qualifications. A resume of each individual, including education, experience, and any other pertinent
information, shall be included for each respondent team member to be assigned to this contract. Experience and
qualifications should demonstrate the firms experience with vulnerabilities to climate change and sea level rise; familiar
with the work and regional planning tools of the SE Florida Climate Change Compact and awareness of incremental
adaptation over time.
2.2.1 Subject Matter Expert(s). Provide a comprehensive summary of the experience and qualifications of the
individual(s) who as proposed will be selected to serve as the Subject Matter Expert(s). Proposers must identify and
submit evidence for the following Key Personnel:
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a. Water Distribution System
b. Wastewater Collection System
c. Water Pumping Stations
d. Wastewater Pumping/Lift Stations
e. Water Distribution Design Engineer
f. Wastewater Collection Design Engineer
g. Water and Wastewater Hydraulic Engineer
h. Corrosion Control and Corrosion Remediation
2.3 Financial Capacity. At the request of the City, Proposer shall arrange for Dun & Bradstreet to submit a Supplier
Qualification Report (SQR) directly to the Procurement Contact named herein. Once requested by the City, no proposal
will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of
the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeId=11696
Proposals are responsible for the accuracy of the information contained in its SQR. It is highly recommended
that each proposer review the information contained in its SQR for accuracy prior to submittal to the City and as
early as possible in the solicitation process. For assistance with any portion of the SQR submittal process,
contact Dun & Bradstreet at 800-424-2495.
TAB 3 Approach and Methodology
Submit detailed information on the approach and methodology, how Proposer plans to accomplish the required
scope of services, including detailed information, as applicable, which addresses, but need not be limited to:
implementation plan, project timeline, phasing options, strategies for assuring project is implemented on time and
within budget.
Note: After proposal submittal, the City reserves the right to require additional information from Proposer (or
proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capability (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years).
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SECTION 0400 STATEMENTS OF QUALIFICATIONS EVALUATION
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Statement of Qualifications in accordance with the requirements set forth in the solicitation. If further information is
desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral
presentations to the Evaluation Committee. The evaluation of Statement of Qualifications will proceed in a two-step
process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the
Statement of Qualifications only. The Evaluation Committee does not make an award recommendation to the City
Manager. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results
to make a recommendation to the City Commission. In the event that only one responsive proposal is received, the
City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFP,
may, without an evaluation committee, recommend to the City Commission that the Administration enter into
negotiations. The City, in its discretion, may utilize technical or other advisers to assist the evaluation committee in
the evaluation of proposals.
2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the
Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the
Evaluation Committee results by the Procurement Department. An Evaluation Committee, appointed by the City
Manager, shall meet to evaluate each Statement of Qualifications in accordance with the qualifications criteria
established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may review and score all
proposals received, with or without conducting interview sessions.
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposer may receive
additional quantitative criteria points to be added by the Department of Procurement to those points earne d in Step
1, as follows.
4. Volume of Work Points: Points awarded to the proposer for volume of work awarded by the City in the last three (3) years
in accordance with the following table:
Less than $250,000 5
$250,000.01 – $2,000,000 3
Greater than $2,000,000 0
Step 1 - Qualitative Criteria Maximum Points
Proposer Experience and Qualifications, including Financial Capability 70
Approach and Methodology 30
TOTAL AVAILABLE STEP 1 POINTS 100
Step 2 - Quantitative Criteria
Veterans Preference 5
The volume of work previously awarded to each firm by the City within
the last three (3) years from the due date for proposal. See Section 4
below.
5
TOTAL AVAILABLE STEP 2 POINTS 10
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5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points
will be added to each evaluation committee member’s scores by the Procurement Department. Step 1 and 2 scores
will be converted to rankings in accordance with the example below:
Proposer
A
Proposer
B
Proposer
C
Committee
Member 1
Step 1
Points 82 76 80
Step 2
Points 22 15 12
Total 104 91 92
Rank 1 3 2
Committee
Member 2
Step 1
Points 79 85 72
Step 2
Points 22 15 12
Total 101 100 84
Rank 1 2 3
Committee
Member 2
Step 1
Points 80 74 66
Step 2
Points 22 15 12
Total 102 89 78
Rank 1 2 3
Low Aggregate Score 3 7 8
Final Ranking* 1 2 3
* Final Ranking is presented to the City Manager for further due diligence and
recommendation to the City Commission. Final Ranking does not constitute
an award recommendation until such time as the City Manager has made his
recommendation to the City Commission, which may be different than final
ranking results. The City Manager is not bound by the results of the
Evaluation Committee Process.
6. Award Recommendation. The City Manager will consider the results of the Evaluation Committee process
and may recommend, in accordance with Section 19, one (1) or more Proposers to be short -listed by the City
Commission to enter into contract negotiations. The City intends to contract with a single prime proposer, but
reserves its rights to contract with additional prime proposers. All other responsive, responsible and qualified
Proposers may be eligible for the continuing pool of prequalified consultants.
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APPENDIX A
________________________________________________________________________
Response Certification,
Questionnaire &
Requirements Affidavit
________________________________________________________________________
RFQ No. 2017-129-KB
WATER & WASTEWATER SYSTEMS
CONSULTANT
PROCUREMENT DIVISION
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
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Solicitation No:
RFQ 2017-129-KB
Solicitation Title:
WATER & WASTEWATER SYSTEMS CONSULTANT
Procurement Contact:
KRISTY BADA
Tel:
305-673-7490
Email:
KRISTYBADA@MIAMIBEACHFL.GOV
STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from
Proposals in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire
and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and
executed.
1. General Proposer Information.
FIRM NAME:
No of Years in Business:
No of Years in Business Locally:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
STATE:
ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL:
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information, financial information, or any informa tion the City deems
necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements.
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1. Veteran Owned Business. Is Proposer claiming a veteran owned business status?
YES NO
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government, as required pursuant to ordinance 2011-3748.
2. Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family
member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in t he
Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of
its affiliates
3. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work
similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
Individual Name & Title, 3) Address, 4) Telephone, 5) Contact’s Email and 6) Narrative on Scope of Services Provided.
4. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had
a contract cancelled due to non-performance by any public sector agency?
YES NO
SUBMITTAL REQUIREMENT: If answer to above is “YES,” Proposer shall submit a statement detailing the reasons that led to
action(s).
5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City’s Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all
applicable provisions of the City’s Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,
as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
6. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the PROCUREMENT DEPARTMENT with its
proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply
with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics
provision of the City of Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm’s Code of Business Ethics. In lieu of submitting Code of Business
Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of
Ethics, available at www.miamibeachfl.gov/procurement/.
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7. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers
shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below:
Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr with health
benefits, and $12.92/hr without benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflatio n
using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor’s
Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may als o, by
resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement
same (in a particular year).
Proposers’ failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may,
at its sole option, immediately deem said Proposer as non -responsive, and may further subject Proposer to additional penalties
and fines, as provided in the City’s Living Wage Ordinance, as amended. Further information on the Living Wage requirement is
available at www.miamibeachfl.gov/procurement/.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
to the living wage requirement.
8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited
contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more
calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business
with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide “Equal Benefits” to their
employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a
Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor’s employees located in the United
States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Mi ami
Beach.
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees?
YES NO
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to
domestic partners of employees?
YES NO
C. Please check all benefits that apply to your answers above and list in the “other” section any additional
benefits not already specified. Note: some benefits are provided to employees because they have a spouse or
domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic
partner, such as medical insurance.
BENEFIT Firm Provides for
Employees with
Spouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Family Medical Leave
Bereavement Leave
If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insuranc e
providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To
comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application
(attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City
Manager, or his designee. Approval is not guaranteed and the City Manager’s decision is final. Further information on the Equal
Benefits requirement is available at www.miamibeachfl.gov/procurement/.
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9. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a publi c entity crime may not submit
a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit
proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of
being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list.
10. Non-Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the
business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the
blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national
origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code.
11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to
Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and
Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no
travel shall occur on behalf of the City to North Carolina or Missis sippi, nor shall any product or services it provides to the City be
sourced from these states.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
it is and shall remain in full compliance with Resolution 2016-29375.
12. Fair Chance Requirement. Beginning on December 1, 2016, the city shall not enter into a contract, resulting from a competitive
solicitation issued pursuant to this article, with a business unless the business certifies in writing that the business has adopted and
employs written policies, practices, and standards that are consistent with the city's Fair Chance Ordinance, set forth in ar ticle V of
chapter 62 of this Code.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
it is and shall remain in full compliance with Resolution 2016-29375.
13. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every
Proposer having received solicitation through the City’s e-procurement system, PublicPurchase.com. However, Proposers are
solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of
Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this sol icitation. Failure
to obtain and acknowledge receipt of all addendum may result in proposal disqualification.
Initial to Confirm
Receipt
Initial to Confirm
Receipt
Initial to Confirm
Receipt
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
If additional confirmation of addendum is required, submit under separate cover.
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DISCLOSURE AND DISCLAIMER SECTION
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.
Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation, or in making any award, or in failing
or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this
solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City.
In its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject
Statement of Qualifications, and may accept Statement of Qualifications which deviate from the solicitation, as it deems appropriate and in its
best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties su bmitting Statement of
Qualifications in response to this solicitation.
Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances,
including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the
applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposals. It is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposals should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City w ithout any warranty
or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City
or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or
approval.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be
made. Any recipient of this solicitation who responds hereto fully ackno wledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Statement of Qualifications submitted to the City
pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications.
This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposals will be bound only as, if and when a Statement of Qualifications, as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reas on, or for no
reason, without any resultant liability to the City.
The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supporting documents shall be
subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain
confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all
documents received by the City shall become public records.
Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of
Qualifications, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to
substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all
information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is
true, accurate and complete, to the best of its knowledge, information, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposals agree that in the event of a final unappealable judgment
by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed -upon and liquidated damages. The
previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaime r which
imposes no liability on the City.
In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
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PROPOSER CERTIFICATION
I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm’s
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications , terms and
conditions contained in the solicitation, and any released Addenda and understand that the following are requirements
of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any
other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and
accurate.
Name of Proposer ’s Authorized Representative:
Title of Proposer ’s Authorized Representative:
Signature of Proposer ’s Authorized Representative:
Date:
State of FLORIDA ) On this ____day of __________, 20__, personally
) appeared before me _______________ who
County of _______________) stated that (s)he is the _______________
of _______________, a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
_________________________________________
Notary Public for the State of Florida
My Commission Expires: ____________________.
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APPENDIX B
________________________________________________________________________
“No Bid” Form
________________________________________________________________________
RFQ No. 2017-129-KB
WATER & WASTEWATER SYSTEMS
CONSULTANT
PROCUREMENT DIVISION
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
Note: It is important for those vendors who have received notification of
this solicitation but have decided not to respond, to complete and submit
the attached “Statement of No Bid.” The “Statement of No Bid” provides
the City with information on how to improve the solicitation process.
Failure to submit a “Statement of No Bid” may result in not being notified
of future solicitations by the City.
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Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT
THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW:
Workload does not allow us to proposal
Insufficient time to respond
Specifications unclear or too restrictive
Unable to meet specifications
Unable to meet service requirements
___Unable to meet insurance requirements
Do not offer this product/service
OTHER. (Please specify)
________________________________________________________________
________________________________________________________________
________________________________________________________________
We do do not want to be retained on your mailing list for future proposals
of this type product and/or service.
Signature:___________________________________________________
Title:_____________________________________________________
Legal Company Name:____________________________________________
Note: Failure to respond, either by submitting a proposal or this completed form,
may result in your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
PROCUREMENT DEPARTMENT
ATTN: KRISTY BADA
STATEMENTS OF QUALIFICATIONS #2017-129-KB
1755 Meridian Avenue, 3rd Floor
MIAMI BEACH, FL 33139
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APPENDIX C
________________________________________________________________________
Minimum Requirements
& Specifications
________________________________________________________________________
RFQ No. 2017-129-KB
WATER & WASTEWATER SYSTEMS
CONSULTANT
PROCUREMENT DIVISION
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
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C1. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation
are listed below. Proposer shall submit, with its proposal, the required submittal(s) documenting
compliance with each minimum requirement. Proposers that fail to include the required s ubmittals
with its proposal or fail to comply with minimum requirements shall be deemed non -responsive and
shall not have its proposal considered.
PRIME PROPOSER:
1. The Prime Proposer (Engineering Firm) shall hold a “Certificate of Authorization” by the State
of Florida, Division of Business and Professional Regulations, as applicable.
REQUIRED SIMILAR EXPERIENCE:
2. The Prime Proposer shall submit no less than five (5) projects completed within the last ten
(10) years completed exemplifying experience in water, and wastewater system improvement
projects.
Submittal Requirement: For each qualifying project, submit project name, project
description, start and completion dates, project contact information (phone and
email), volume of contract, prime proposer’s role in project.
C2. Statement of Work Required. The Consultant will provide subject matter expertise to the City
of Miami Beach on its Water and Wastewater systems. The Consultant must have a team of
qualified individuals who can guide the City of Miami Beach through the decision-making process
of making its water and wastewater systems resilient, environmentally responsible, dependable,
and future proof. Proposer shall have an understanding of Miami Beach’s vulnerabilities to climate
change and sea level rise; familiar with the work and regional planning tools of the SE Florida
Climate Change Compact and aware of the City’s approach to incremental adaptation over time.
The City interested in partnering with the most innovative and solutions -oriented engineers in the
field dedicated to resilience and Miami Beach Rising Above. The services described in items I, and
II are a priority and are intended to be awarded immediately. The services described in subsequent
items may be awarded in the future.
I. Develop Water System Capital Improvement Plan (CIP)
1. Prepare a description, and general inventory of the water distribution system based on
review of existing database, maps, plans, reports, other City records, visits with staff,
and field inspections. Visit existing facilities, and prepare an accurate, up -to-date
description of the system. Document all parts of the existing water distribution system,
including facilities, condition of equipment and system components.
2. Prepare a listing of CIP projects, with planning level cost estimates, based on priority
developed with a matrix considering the likelihood of failure, and consequence of
failure. The planning document should include approximately 20 years of work.
II. Develop Wastewater Collection System CIP
1. Prepare a description, and general inventory of the wastewater collection system
based on review of existing database, maps, plans, reports, other City records, visits
with staff, and field inspections. Visit existing facilities, and prepare an accurate, up -to-
date description of the system. Document all parts of the existing wastewater collection
system, including facilities, condition of equipment and system components.
2. Prepare a listing of CIP projects, with planning level cost estimates, based on priority
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developed with a matrix considering the likelihood of failure, and consequence of
failure. The planning document should include approximately 20 years of work.
III. Water and/or Wastewater Systems Master Planning
IV. Water and/or Wastewater Systems Hydraulic Modeling
V. Water and/or Wastewater Systems expansion and/or replacement construction design,
including pumping stations
VI. Construction Management
VII. Value Engineering
VIII. Various studies, reports, etc.
Balance of Page Intentionally Left Blank
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APPENDIX D
________________________________________________________________________
Special Conditions
________________________________________________________________________
RFQ No. 2017-129-KB
WATER & WASTEWATER SYSTEMS
CONSULTANT
PROCUREMENT DIVISION
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
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1. TERM OF CONTRACT. Three (3) years.
2. OPTIONS TO RENEW. Two (2) additional one (1) year options
3. PRICES. Not Applicable.
4. EXAMINATION OF FACILITIES. Not Applicable.
5. INDEMNIFICATION. Not Applicable.
6. PERFORMANCE BOND. Not Applicable.
7. REQUIRED CERTIFICATIONS. Not Applicable.
8. SHIPPING TERMS. Not Applicable.
9. DELIVERY REQUIREMENTS. Not Applicable.
10. WARRANTY REQUIREMENTS. Not Applicable.
11. BACKGROUND CHECKS. Not Applicable.
12. ADDITIONAL TERMS OR CONDITIONS. This RFQ, including the attached Contract, contains all
the terms and conditions applicable to any service being provided to the City resulting from award of
contract. By virtue of submitting a proposal, consultant agrees not to require additional terms and
conditions at the time services are requested, either through a separate agreement, work order, letter of
engagement or purchase order.
13. CHANGE OF PROJECT MANAGER. A change in the Consultant’s project manager (as well as any
replacement) shall be subject to the prior written approval of the City Manager or his designee (who in
this case shall be an Assistant City Manager). Replacement (including reassignment) of an approved
project manager or public information officer shall not be made without submitting a resume for the
replacement staff person and receiving prior written approval of the City Manager or his designee (i.e.
the City project manager).
14. SUB-CONSULTANTS. The Consultant shall not retain, add, or replace any sub-consultant without
the prior written approval of the City Manager, in response to a written request from the Consultant
stating the reasons for any proposed substitution. Any approval of a sub -consultant by the City
Manager shall not in any way shift the responsibility for the quality and acceptability by the City of the
services performed by the sub-consultant from the Consultant to the City. The quality of services and
acceptability to the City of the services performed by sub-consultants shall be the sole responsibility of
Consultant.
15. NEGOTIATIONS. Upon approval of selection by the City Commission, negotiations between the
City and the selected Proposer (s) will take place to arrive at a mutually acceptable Agreement,
including final scope of services, deliverables and cost of services.
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APPENDIX E
________________________________________________________________________
Insurance Requirements
________________________________________________________________________
RFQ No. 2017-129-KB
WATER & WASTEWATER SYSTEMS
CONSULTANT
PROCUREMENT DIVISION
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
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INSURANCE REQUIREMENTS
This document sets forth the minimum levels of insurance that the contractor is requ ired to
maintain throughout the term of the contract and any renewal periods.
XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida.
XXX 2. Comprehensive General Liability (occurrence form), limits of lia bility $ 1,000,000.00 per occurrence for
bodily injury property damage to include Premises/ Operations; Products, Completed Operations and
Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement
exactly as written in "insurance requirements" of specifications).
XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included.
____ 4. Excess Liability - $_________.00 per occurrence to follow the primary coverages.
XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the
certificate.
____ 6. Other Insurance as indicated:
___ Builders Risk completed value $________.00
___ Liquor Liability $________.00
___ Fire Legal Liability $________.00
___ Protection and Indemnity $________.00
___ Employee Dishonesty Bond $________.00
___ Other $________.00
XXX 7. Thirty (30) days written cancellation notice required.
XXX 8. Best's guide rating B+:VI or better, latest edition.
XXX 9. The certificate must state the proposal number and title
The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject
to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable
Statutes.
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APPENDIX F
________________________________________________________________________
Sample Contract
________________________________________________________________________
RFQ No. 2017-129-KB
WATER & WASTEWATER SYSTEMS
CONSULTANT
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
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AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
_______________________________________
FOR
WATER & WASTEWATER SYSTEMS CONSULTANT
PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2017-129-KB
DISCIPLINE: _______________________
RESOLUTION NO. 2017-_________
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TABLE OF CONTENTS
DESCRIPTION PAGE
ARTICLE 1. DEFINITIONS ....................................................................................................... 37
ARTICLE 2. BASIC SERVICES ................................................................................................ 42
ARTICLE 3. THE CITY’S RESPONSIBILITIES ......................................................................... 46
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST ................................................ 48
ARTICLE 5. ADDITIONAL SERVICES ..................................................................................... 48
ARTICLE 6. REIMBURSABLE EXPENSES .............................................................................. 49
ARTICLE 7. COMPENSATION FOR SERVICES ...................................................................... 50
ARTICLE 8. CONSULTANT’S ACCOUNTING AND OTHER RECORDS.................................. 51
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS ......................................................... 51
ARTICLE 10. TERMINATION OF AGREEMENT ...................................................................... 51
ARTICLE 11. INSURANCE ...................................................................................................... 53
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS ..................................................... 53
ARTICLE 13. ERRORS AND OMISSIONS .............................................................................. 54
ARTICLE 14. LIMITATION OF LIABILITY ................................................................................ 54
ARTICLE 15. NOTICE ............................................................................................................. 54
ARTICLE 16. MISCELLANEOUS PROVISIONS ....................................................................... 55
SCHEDULES:
SCHEDULE A ........................................................................................................................... 59
SCHEDULE B ........................................................................................................................... 61
SCHEDULE C ........................................................................................................................... 63
ATTACHMENTS:
ATTACHMENT A ...................................................................................................................... 64
ATTACHMENT B ...................................................................................................................... 65
ATTACHMENT C ...................................................................................................................... 66
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AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
___________________________________
FOR
WATER & WASTEWATER SYSTEMS CONSULTANT
This Agreement made and entered into this day of , 20 ,
(Effective Date), by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the
laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach,
Florida, 33139, (hereinafter referred to as City), and , a
corporation having its principal office at (hereinafter referred to as
Consultant).
W I T N E S S E T H:
WHEREAS, on ___________, the Mayor and City Commission approved the issuance of
Request for Qualifications No. 2017-129-KB for WATER & WASTEWATER SYSTEMS CONSULTANT
(the RFQ); and
WHEREAS, the RFQ was intended to provide access to architectural and engineering firms in
accordance with the Florida Consultant’s Competitive Negotiation Act; and
WHEREAS, on , the City Commission approved Resolution No.
, respectively, authorizing the City to enter into negotiations with and, if
successful, execute an agreement with the Consultant pursuant to the RFQ; and
WHEREAS, City and the Consultant have negotiated the following ag reement pursuant to the
RFQ; and
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreement herein contained, agree as follows:
ARTICLE 1. DEFINITIONS
1.1 Definitions. The definitions included in this Section are not exhaustive of all definitions used in
this Agreement. Additional terms may be defined in other Contract Documents. The following terms
shall have the meanings specified herein unless otherwise stated herein:
ADDITIONAL SERVICES: “Additional Services” shall mean those services, in addition to the Basic
Services in this Agreement, as described in Article 5 and the Consultant Service Order, which the
Consultant shall perform, at the City’s option, and which must be duly authorized, in writing, by the City
Manager or his authorized designee, prior to commencement of same.
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APPLICABLE LAWS: “Applicable Laws” means all laws, statutes, codes (including, but not limited to,
building codes), ordinances, rules, regulations, lawful orders and decrees of governmental authorities
having jurisdiction over the Project, the Project Site or the Parties.
BASE BID: “Base Bid” shall mean the elements contained in the Construction Documents
recommended by the Consultant (and approved by the City) as being within the Construc tion Cost
Budget. “Base Bid” shall not include additive alternates or deductive alternates.
BASIC SERVICES: “Basic Services” shall include those services which Consultant shall perform in
accordance with the terms of the Agreement, as described in Article 2 and the Consultant Service Order.
Any Services not specifically enumerated as Additional Services (as defined herein) shall also be
considered Basic Services.
CITY (OR OWNER): The “City” shall mean the City of Miami Beach, a Florida municipal corporation
having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. In all
respects hereunder, City’s obligations and performance is pursuant to City’s position as the owner of the
Project acting in its proprietary capacity. In the event City exercises its regulatory authority as a
governmental body including, but not limited to, its regulatory authority for code inspections and issuance
of Building Department permits, Public Works Department permits, or other applicable permits within its
jurisdiction, the exercise of such regulatory authority and the enforcement of any Applicable Laws shall
be deemed to have occurred pursuant to City’s regulatory authority as a governmental body and shall not
be attributable in any manner to City as a Party to this Agreement.
CITY COMMISSION: “City Commission” shall mean the governing and legislative body of the City.
CITY MANAGER: The “City Manager” shall mean the chief administrative officer of the City. The City
Manager shall also be construed to include any duly authorized representatives designated by the City
Manager in writing, including the Project Administrator, with respect to any specific matter(s) concerning
the Services and/or this Agreement (exclusive of those authorizations reserved to the City Commission
under this Agreement, or to regulatory or administrative bodies having jurisdiction over the Project).
CONSTRUCTION COST BUDGET: The “Construction Cost Budget” shall mean the amount budgeted
and established by the City to provide for the cost of construction of the Work for the Project
(“Construction Cost”), as set forth in the Consultant Service Order.
CONSTRUCTION DOCUMENTS: “Construction Documents” shall mean the final (100% completed)
plans, technical specifications, drawings, schematics, documents, and diagrams prepared by the
Consultant pursuant to this Agreement, setting forth in detail the requirements for the construction of the
Project. The Construction Documents shall set forth in full all details necessary to complete the
construction of the Project in accordance with the Contract Documents. Construction Documents shall
not be part of the Contract Documents, until (a) the Consultant has submitted completed Construction
Documents to the City and (b) they have been reviewed and approved by the City and any agencies
having jurisdiction in accordance with the procedures as otherwise provided by the Contract Documents.
However, approval by the City shall not in any way be construed, interpreted and/or deemed to constitute
a waiver or excuse Consultant’s obligations to ensure the Construction Documents are constructible, in
compliance with all Applicable Laws and in accordance with the Contract Documents.
CONSULTANT: The named entity on page 1 of this Agreement, the “Consultant” shall mean the
qualified and properly professionally licensed design professional in the State of Florida and as otherwise
required by any entities, agencies, boards, governmental authorities and/or any other professional
organizations with jurisdiction governing the professional practice area for which the design professional
has been engaged by City and who will perform (or cause to be performed through Subconsultants
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acceptable to the City) all architectural, design and engineering services required under this Agreement
and/or Consultant Service Order and will serve as the "architect of record" and/or "engineer of record" for
the Project. When the term “Consultant” is used in this Agreement it shall also be deemed to include any
officers, employees, or agents of Consultants, and any other person or entity acting under the
supervision, direction, or control of Consultant to provide any architectural, design, engineering or similar
professional services with respect to a Project (“Subconsultants”). The Consultant shall not be replaced
by any other entity, except as otherwise permitted in this Agreement. Further, any Subconsultant that
may perform services on behalf of the Consultant shall be a qualified and properly professionally
licensed design professional in the State of Florida and as otherwise required by any entities, agencies,
boards, governmental authorities and/or any other professional organizations with jurisdiction governing
the professional practice area for which the Subconsultant has been engaged by Consultant to perform
professional design services in connection with the Project. The Subconsultants in Schedule “C”,
attached hereto, are hereby approved by the City Manager for the Project.
CONSULTANT SERVICE ORDER: Consultant Service Order shall mean the work order issued by the
City to Consultant (in substantial form as in Schedule A attached hereto), that specifically describes and
delineates the particular Services (Basic Services and/or Additional Services) which will be requ ired of
Consultant for the Project that is the subject of such Consultant Service Order, and which may include
studies or study activity, and/or professional services as defined in Section 287.055 of the Florida
Statutes.
CONTRACT AMENDMENT: “Contract Amendment” shall mean a written modification to the Agreement
approved by the City (as specified below) and executed between City and Consultant, covering changes,
additions, or reductions in the terms of this Agreement including, without limitation, authori zing a change
in the Project, or the method and manner of performance thereof, or an adjustment in the fee and/or
completion dates.
Contract Amendments shall be approved by the City Commission if they exceed fifty thousand dollars
($50,000.00). Even for Contract Amendments of fifty thousand dollars ($50,000.00) or less (or other such
threshold contract amount as may be specified by the City of Miami Beach Procurement Ordinance), the
City Manager reserves the right to seek and obtain concurrence of the City Commission for approval of
any such Contract Amendment.
CONTRACT DOCUMENTS: “Contract Documents” shall mean this Agreement (together with all
exhibits, addenda, Consultant Service Orders and written amendments issued thereto), and all Design
Documents and Construction Documents. The Contract Documents shall also include, without limitation
(together with all exhibits, addenda, and written amendments issued thereto), the Invitation to Bid (ITB),
instructions to bidders, bid form, bid bond, Design Criteria Package (if any), the Contract for
Construction, surety payment and performance bonds, Conditions of the Contract for Construction
(General, Supplementary, and other Conditions), Divisions 0-17 specifications, an approved Change
Order(s), approved Construction Change Directive(s), and/or approved written order(s) for a minor
change in the Work.
CONTRACT FOR CONSTRUCTION: “Contract for Construction” shall mean the legally binding
agreement between City and Contractor for performance of the Work covere d in the Contract
Documents, including, without limitation, a general contractor, construction manager, design-builder or
any other duly licensed construction contractor selected pursuant to any other procurement methodology
available under Florida law.
CONTRACTOR: “Contractor” shall mean the individual or individuals, firm, company, corporation, joint
venture, or other entity contracting with City for performance of the Work covered in the Contract
Documents.
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DESIGN CRITERIA PACKAGE or DCP: “Design Criteria Package” means concise, performance-
oriented drawings or specifications of a design-build Project, prepared for the purpose of furnishing
sufficient information to permit design-build firms to prepare a bid or a response to a City request for
proposal, or to permit the City to enter into a negotiated design-build contract. The Design Criteria
Package must specify performance-based criteria for the design-build Project, including the legal
description of the site, survey information concerning the site, interior space requirements, material
quality standards, schematic layouts and conceptual design criteria of the project, cost or budget
estimates, design and construction schedules, site development requirements, provisions for utilities,
stormwater retention and disposal, and parking requirements applicable to the project.
DESIGN DOCUMENTS: “Design Documents” means all plans, drawings specifications, schematics and
all other documents which set forth in full the design of the Project and fix and describe in detail the size,
configuration and character of the Project concerning all items of the Project necessary for the final
preparation of the 100% completed, permitted Construction Documents in accordance with the
requirements of the Contract Documents including, without limitation, all architectural and engineering
elements as may be appropriate. Design Documents shall not be part of the Contract Documents, until
(a) the Consultant has submitted completed Design Documents to the City and (b) they have been
reviewed and approved by the City and agencies having jurisdiction in accordance with the procedures
as provided by the Contract Documents. However, approval by the City shall not in any way be
construed, interpreted and/or deemed to constitute a waiver or excuse Consultant’s obligations to ensure
the Design Documents are constructible, in compliance with all Applicable Laws and in accordance with
the Contract Documents.
FORCE MAJEURE: “Force Majeure” shall mean any delay occasioned by superior or irresistible force
occasioned by violence in nature without the interference of human agency such as a hurricane, tornado,
flood, loss caused by fire and other similar unavoidable casualties; or other causes beyond the City’s or
Consultant’s control that are not due to any act, omission or negligence of either City or Consultant and,
which have, or may be reasonably expected to have, a material adverse effect on the Project, or on the
rights and obligations of City or Consultant under this Agreement and which, by the exercise of due
diligence, such parties shall not have been able to avoid; provided, however, that inclement weather
(except as noted above), the acts or omissions of Subconsultants, the Contractor and its sub-contractors,
market conditions, labor conditions, construction industry price trends, and similar matters which
normally impact on the construction process shall not be considered a Force Majeure.
If the Consultant is delayed in performing any obligation under this Agreement due to a Force Majeure,
the Consultant shall request a time extension from the Project Administrator within five (5) business days
of said Force Majeure. Any time extension shall be subject to mutual agreement and shall not be cause
for any claim by the Consultant for extra compensation, unless Additional Services are required and
approved pursuant to Article 5 hereof.
PROJECT: The “Project” shall mean that certain City capital project described in the Consultant
Service Order.
Project Cost: The “Project Cost”, shall mean the estimated total cost of the Project, as
prepared and established by the City, including the estimated Construction Cost and Soft
Costs. The Project Cost may, from time to time, be revised or adjusted by the City, in its sole
discretion, to accommodate approved modifications or changes to the Project or scope of
work.
Project Scope: The “Project Scope” shall mean the description of the Project, as described
in the Consultant Service Order.
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PROJECT ADMINISTRATOR: The “Project Administrator” shall mean the individual designated by
the City Manager who shall be the City’s authorized representative to issue directives and notices on
behalf of the City with respect to all matters concerning the Services of this Agreement (exclusive of
those authorizations reserved to the City Manager or City Commission under this Agreement, or to
regulatory or administrative bodies having jurisdiction over the Project).
PROPOSAL DOCUMENTS: “Proposal Documents” shall mean the RFQ, together with all amendments
or addenda thereto (if any), which is incorporated by reference to this Agreement and made a part
hereof; provided, however, that in the event of an express conflict between the Proposal Documents and
this Agreement, the Agreement shall prevail. Consultant’s proposal in response to the RFQ is included
for reference purposes only and shall not be incorporated as part of this Agreement, except with respect
to Consultant’s representations regarding the qualifications and experience of Consultant and its key
personnel, its commitment to provide the key personnel listed therein, and its capability to perform and
deliver the Services in accordance with this Agreement and consistent with the all representations made
therein.
SCHEDULES: “Schedules” shall mean the various schedules attached to this Agreement and referred
to as follows:
Schedule A – Consultant Service Order
Schedule B – Consultant Compensation and Hourly Billing Rate Schedule.
Schedule C – Approved Subconsultants.
SCOPE OF SERVICES: “Scope of Services” shall include the Project Scope, Basic Services, and any
Additional Services (as approved by the City), all as described in Schedule “A” hereto.
SERVICES: “Services” shall mean all services, work, and actions by the Consultant performed pursuant
to or undertaken under this Agreement.
SOFT COSTS: “Soft Costs” shall mean costs related to the Project other than Construction Cost
including, without limitation, Consultant’s Basic Services, Additional Services, surveys, testing, general
consultant, financing, permitting fees and other similar costs, as determined by the City, that are not
considered as direct costs for the construction of the Project.
STATEMENT OF PROBABLE CONSTRUCTION COST: The “Statement of Probable Construction
Cost” shall mean the detailed estimate prepared by Consultant in Construction Standard Index (CSI)
format or other format approved by the Project Administrator, which includes the Consultant’s estimated
total construction cost to the City of the Work for the Project (as established in the Contract Documents,
as they may be amended from time to time). The Statement of Probable Construction Cost shall be in
sufficient detail to identify the costs of each element of the Project and include a breakdown of the fees,
general conditions and construction contingency for the Project. Costs shall be adjusted to the projected
bid date to take into account anticipated price escalation.
WORK: “Work” shall mean all labor, materials, equipment, supplies, tools, machinery, utilities,
fabrication, transportation, insurance, bonds, permits and conditions thereof, building code changes and
government approvals, licenses, tests, quality assurance and/or quality control inspections and related
certifications, surveys, studies, and other items, work and services that are necessary or appropriate for
the total construction, installation, and functioning of the Project, together with all additional, collateral
and incidental items, and work and services required for delivery of a completed, fully functional and
functioning Project as set forth in the Contract Documents.
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ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide Basic Services for the Project, specifically described in the
Consultant Service Order.
2.2 The Services will be commenced by the Consultant upon receipt of a written Consultant Service
Order signed by the City Manager or the Project Administrator. Consultant shall countersign the
Consultant Service Order upon receipt and return the signed copy to the City.
2.3 As it relates to the Services and the Project, Consultant warrants and represents to
the City that it is knowledgeable of and shall comply with all Applicable Laws. The
Consultant agrees to comply with all Applicable Laws, whether now in effect or as may
be amended or adopted from time to time, and shall further take into account all
known pending changes to the foregoing of which it should reasonably be aware.
2.4 The Consultant warrants and represents to the City that all of the Services required under this
Agreement shall be performed in accordance with the standard of care normally exercised in the design
of comparable projects in South Florida. Consultant warrants and represents to the City that it is
experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to perform the Services.
Consultant warrants and represents to the City that it is responsible for the technical accuracy of the
Services (including, without limitation, the Design Documents contemplated in Schedule “A” hereto).
Consultant further warrants and represents that the approved and permitted Construction Documents
shall constitute a representation by Consultant to City that the Project, if constructed as required by the
Contract Documents, will be fully functional, suitable and sufficient for its intended purposes.
2.5 The Consultant’s Basic Services may consist of various tasks, including planning, design,
bidding/award, preparation of a DCP, studies, construction administration, and Additional Services (as
may be approved), all as further described in the Consultant Service Order; and shall also include any
and all of Consultant’s responsibilities and obligations with respect to the Project, as set forth in the
General Conditions of the Contract for Construction.
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: No action or omission by City shall waive
or excuse Consultant’s obligations under the Agreement and/or other Contract Documents and that
Consultant shall remain fully liable for all work performed by Consultant including, without limitation, any
design errors or omissions. Written decisions and/or approvals issued by the City shall not constitute nor
be deemed a release of the responsibility and liability of the Consultant (or any Subconsultants), for the
accuracy and competency of the Design Documents and Construction Documents, nor shall any City
approval and/or decisions be deemed to be an assumption of such responsibility by the City for a defect,
error or omission in the Design Documents and the Construction Documents. Moreover, neither the
City’s inspection, review, approval or acceptance of, nor payment for, any Services required under the
Agreement shall be construed to relieve the Consultant (or any Subconsultant) of its obligations and
responsibilities under the Agreement, nor constitute a waiver of any of the City’s rights under the
Agreement, or of any cause of action arising out of the performance of the Agreement. The Consultant
shall be and remain liable to the City in accordance with Applicable Laws fo r all damages to City caused
by any failure of the Consultant or to comply with the terms and conditions of the Agreement or by the
Consultant’s misconduct, unlawful acts, negligent acts, errors or omissions in the performance of the
Agreement.
2.7 TIME: It is understood that time is of the essence in the completion of the Project and, in this
respect, the parties agree as follows:
2.7.1 Term: The term of this Agreement shall commence upon execution by the City and
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Consultant, which shall be the Effective Date referred to on page 1 hereof, and shall be in effect
for three (3) years (“Initial Term”), plus two (2), one (1) year renewal options, to be exercised at
the sole discretion of the City Manager (Initial Term and any renewals shall be collectively
referred to as the “Term”). Notwithstanding the preceding Term, Consultant shall adhere to any
and all timelines and/or deadlines, as set forth in the Consultant Service Order, including the time
for completion of the work and/or services for such Project (as set forth in the particular
Consultant Service Order).
2.7.2 The Consultant shall perform the Services as expeditiously as is consistent with the
standard of professional skill and care required by this Agreement, and the orderly progress of
the Work.
2.7.3 Recognizing that the construction of other projects within the City may affect scheduling of
the construction for the Project, the Consultant shall diligently coordinate performance of the
Services with the City (through the Project Administrator) in order to provide for the safe,
expeditious, economical and efficient completion of the Project, without negatively impacting
concurrent work by others. The Consultant shall coordinate the Services with all of its
Subconsultants, as well as other consultants, including, without limitation, City provided
consultants (if any).
2.7.4 The Services shall be performed in a manner that shall conform to the Consultant Service
Order. The Consultant may submit requests for an adjustment to the Consultant Service Order
completion time, if made necessary because of undue delays resulting from untimely review
taken by the City (or authorities having jurisdiction over the Project) to approve the Consultant’s
submissions, or any other portion of the Services requiring approval by the City (or other
governmental authorities having jurisdiction over the Project). Consultant shall immediately
provide the Project Administrator with written notice stating the reason for the particular delay; the
requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated schedule
of completion. Upon receipt and review of Consultant’s request (and such other documentation
as the Project Administrator may require), the Project Administrator may grant a reasonable
extension of time for completion of the particular work involved, and authorize that the
appropriate adjustment be made to the Project Schedule. The Project Administrator’s approval (if
granted) shall be in writing.
2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working
relationship with the Project Administrator, Contractor, and any and all other individuals and/or firms that
have been contracted, or otherwise retained, to perform work on the Project.
2.9 The Consultant shall perform its duties under this Agreement, and under a Consultant Service
Order, in a competent, timely and professional manner, and shall be responsible to the City for any
failure in its performance, except to the extent that acts or omissions by the City make such performance
impossible.
2.10 The Consultant is responsible for the professional quality, technical accuracy, completeness,
performance and coordination of all Services required under the Agreement and under the Co nsultant
Service Order (including the services performed by Subconsultants), within the specified time period and
specified cost. The Consultant shall perform the Services utilizing the skill, knowledge, and judgment
ordinarily possessed and used by a proficient consulting with respect to the disciplines required for the
performance of such Services in the State of Florida. The Consultant is responsible for, and shall
represent to City that the Services conform to the City’s requirements, the Contract Documents and all
Applicable Laws. The Consultant shall be and remain liable to the City for all damages to the City
caused by the Consultant’s negligent acts or errors or omissions in the performance of the Services. In
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addition to all other rights and remedies which the City may have, the Consultant shall, at its expense, re-
perform all or any portion of the Services to correct any deficiencies which result from the Consultant’s
failure to perform in accordance with the above standards. The Consultant shall also be liable for the
replacement or repair of any defective materials and equipment and re-performance of any non-
conforming construction work resulting from such deficient Services (i) for a period from the Effective
Date of this Agreement, until twelve (12) months following final acceptance of the Work, (ii) or for the
period of design liability required by applicable law, whichever is later. The Project Administrator shall
notify the Consultant, in writing, of any deficiencies and shall approve the method and timing of the
corrections.
2.10.1 The Consultant shall be responsible for deficient, defective Services and any resulting
deficient, defective construction work re-performed within twelve (12) months following final
acceptance and shall be subject to further re-performance, repair and replacement for twelve (12)
months from the date of initial re-performance, not to exceed twenty-four months (24) from final
acceptance.
2.11 The City shall have the right, at any time, in its sole and absolute discretion, to submit for review
to other consultants (engaged by the City at its expense) any or all parts of the Services and the
Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review, or
consider any Services performed by Consultant (including, without limitation, contractors, other design
professionals, and/or other consultants retained by the City), the intent of such requirement is to enable
the Consultant to receive input from others’ professional exper tise to identify any discrepancies, errors or
omissions that are inconsistent with industry standards for design or construction of comparable projects;
or which are inconsistent with Applicable Laws; or which are inconsistent with standards, decisions or
approvals provided by the City under this Agreement. Consultant will use reasonable care and skill, in
accordance and consistent with customary professional standards, in responding to items identified by
other reviewers in accordance with this subsection. Consultant shall receive comments from reviewers,
in writing, including, without limitation (and where applicable), via a set of marked-up drawings and
specifications. Consultant shall address comments forwarded to it in a timely manner. The term “timely”
shall be defined to mean as soon as possible under the circumstances, taking into account the timelines
of the Project schedule.
2.11.1 The Consultant is advised that a performance evaluation of the Services rendered
throughout this Agreement will be completed by the City and kept in the City’s files for evaluation
of future solicitations.
2.12 Consultant agrees that when any portion of the Services relates to a professional service which,
under Florida Statutes, requires a license, certificate of aut horization, or other form of legal entitlement to
practice and/or perform such Service(s), it shall employ and/or retain only qualified duly licensed certified
personnel to provide same.
2.13 Consultant agrees to designate, in writing, within five (5) calendar days after receiving a fully
executed Consultant Service Order, a qualified licensed professional to serve as its project manager
(hereinafter referred to as the “Project Manager”). The Project Manager shall be authorized and
responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all
aspects of the Services. Consultant’s Project Manager (as well as any replacement) shall be subject to
the prior written approval of the City Manager or the Project Administrator. Replacement (including
reassignment) of an approved Project Manager shall not be made without the prior written approval of
the City Manager or his designee (i.e. the Project Administrator).
2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice from the
City Manager or the Project Administrator (which notice shall state the cause therefore), to
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promptly remove and replace a Project Manager, or any other personnel employed or otherwise
retained by Consultant for the Project ( including, without limitation, any Subconsultants).
2.14 Consultant agrees not to divulge, furnish or make available to any third party(ies), any non-public
information concerning the Services or the Project, without the prior written consent of the City Manager
or the Project Administrator, unless such disclosure is incident to the proper performance of the Services;
or the disclosure is required pursuant to Florida Public Records laws; or, in the course of judicial
proceedings, where such information has been properly subpoenaed. Consultant shall also require
Subconsultants to comply with this subsection.
2.15 The City and Consultant acknowledge that the Services, as described in the Agreement and the
Consultant Service Order, do not delineate every detail and minor work task required to be performed by
Consultant to complete the work and/or services described and delineated under a Consultant Service
Order issued to Consultant by the City for a particular Project. If, during the course of performing work,
services and/or tasks on a particular Consultant Service Order, Consultant determines that work and/or
services should be performed (to complete the Project delineated under such Order) which is, in the
Consultant’s reasonable opinion, outside the level of effort originally anticipated in the Consultant Service
Order, then Consultant shall promptly notify the Project Administrator, in writing, and shall obtain the
Project Administrator’s written consent before proceeding with such work and/or services. If Consultant
proceeds with any such additional work and/or services without obtaining the prior written consent of the
Project Administrator, said work and/or services shall be deemed to be a Basic Service under this
Agreement and shall also be deemed to be within the scope of services delineated in the Consultant
Service Order (whether or not specifically addressed in the Scope of Services). Mere notice by
Consultant to the Project Administrator shall not constitute authorization or approval by the City to
perform such work. Performance of any such work and/or services by Consultant without the prior
written consent of the Project Administrator shall be undertaken at Consultant’s sole risk and liability.
2.16 Consultant shall establish, maintain, and categorize any and all Project documents and records
pertinent to the Services and shall provide the City, upon request, with copies of any and all such
documents and/or records. In addition, Consultant shall provide electronic document files to the City
upon completion of the Project.
2.17 THE CITY HAS NO OBLIGATION TO ASSIST, FACILITATE AND/OR PERFORM IN ANY WAY
THE CONSULTANT’S OBLIGATIONS UNDER THE AGREEMENT OR OTHER CONTRACT
DOCUMENTS. THE CITY’S PARTICIPATION, FACILITATION AND/O R ASSISTANCE TO THE
CONSULTANT SHALL BE AT ITS SOLE DISCRETION AND SHALL NOT, IN ANY WAY, BE
CONSTRUED, INTERPRETED AND/OR CONSTITUTE AN ASSUMPTION BY THE CITY OF
CONSULTANT’S OBLIGATIONS, A WAIVER OF CONSULTANT’S OBLIGATIONS AND/OR EXCUSE
ANY BREACH BY CONSULTANT OF ITS OBLIGATIONS UNDER THE CONTRACT DOCUMENTS.
THE PARTICIPATION IN THE PERFORMANCE OF ANY OF CONSULTANT’S OBLIGATIONS SHALL
NOT PRECLUDE THE CITY FROM DECLARING CONSULTANT IN DEFAULT FOR CONSULTANT’S
FAILURE TO PERFORM SUCH OBLIGATION, NOR SHALL IT LIMIT, IN ANY WAY, THE CITY’S
RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE CONSULTANT EXPRESSLY
ACKNOWLEDGES AND AGREES NOT TO RAISE OR ASSERT AS DEFENSE TO ANY CLAIM,
ACTION, SUIT AND/OR OTHER PROCEEDING OF A SIMILAR NATURE, THE CITY’S
PARTICIPATION, ASSISTANCE AND/OR FACILITATION IN THE PERFORMANCE OF
CONSULTANT’S OBLIGATIONS. INCLUDING, WITHOUT LIMITATION, ASSISTING WITH
OBTAINING PERMITS OR WITH COORDINATION WITH UTILITIES, OR OTHER MATTERS
RELATED TO THE PROJECT. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION
AND/OR ANY OTHER PROVISION OF THIS AGREEMENT OR OTHER CONTRACT DOCUMENTS,
THIS SECTION SHALL GOVERN.
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2.18 GREEN BUILDING STANDARDS: The Consultant shall comply with the requirements of
Section 255.2575, Florida Statutes, and Chapter 100 of the City Code, as both may be amended from
time to time, addressing applicable Leadership in Energy and Environmental Design (LEED) compliance
requirements.
2.19 SUBCONSULTANTS: All services provided by Subconsultants shall be consistent with those
commitments made by the Consultant in its Proposal and during the competitive solicitation selection
process and interview. Such services shall be undertaken and performed pursuant to appropriate written
agreements between the Consultant and the Subconsultants, which shall contain provisions that
preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement
shall create any contractual relationship between the City and the Subconsultants.
The Consultant shall not retain, add, or replace any Subconsultant without the prior written approval of
the City Manager, in response to a written request from the Consultant stating the reasons for any
proposed substitution. The Consultant shall cause the names of Subconsultants responsible for
significant portions of the Services to be inserted on the plans and specifications.
The Consultant shall be ultimately responsible for ensuring the Consultant's and all of its Subconsultants'
compliance with the requirements of this Section and any other provision of the Agreement and/or
Consultant Service Order. With respect to the performance of work by Subconsultants, the Consultant
shall, in approving and accepting such work, ensure the professional quality, completeness, and
coordination of the Subconsultant’s work.
The Consultant shall, upon the request of the City, submit to the City such documentation and
information as the City reasonably requests to evidence the creation, standing, ownership and
professional licensure of the Consultant (and Subconsultants), including organizational documents,
operating agreements and professional licensure documentation, and copies of the Consultant’s
contracts with the Subconsultant with respect to the Project. However, the City's failure to request such
documentation or evidence and/or failure to enforce in any way the terms and provisions of this Section,
the Agreement and/or any other Consultant Service Order during the Project does not excuse, waive
and/or condone in any way any noncompliance of the requirements set forth therein including, without
limitation, the professional licensure requirements. Any approval of a Subconsultant by the City shall in
no way shift from the Consultant to City the responsibility for the quality and accepta bility of the services
performed by the Subconsultant. Payment of Subconsultants shall be the sole responsibility of the
Consultant, and shall not be cause for any increase in compensation to the Consultant for payment of the
Services.
ARTICLE 3. THE CITY’S RESPONSIBILITIES
3.1 The City Manager shall designate a Project Administrator, who shall be the City’s
authorized representative to act on City’s behalf with respect to the City’s responsibilities
or matters requiring City’s approval under the Contract Documents. The Project
Administrator shall be authorized (without limitation) to transmit instructions, receive
information, and interpret and define City policies and decisions with respect to the
Services and the Project. The Project Administrator shall have full authority to require the
Consultant to comply with the Contract Documents, provided, however, that any failure of
the Project Administrator to identify any noncompliance, or to specifically direct or require
compliance, shall in no way constitute a waiver of, or excuse, the Consultant’s obligation
to comply with the requirements of the Contract Documents.
3.2 The City shall make available to Consultant, for the convenience of the Consultant only,
information that the City has in its possession pertinent to the Project. Consultant hereby agrees and
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acknowledges that, in making any such information available to Consultant, the City makes no express
or implied certification, warranty, and/or representation as to the accuracy or completeness of such
information and assumes no responsibility whatsoever with respect to, the sufficiency, completeness or
accuracy of such information. The Consultant understands, and hereby agrees and acknowledges, that it
is obligated to verify to the extent it deems necessary all information furnished by the City, and that it is
solely responsible for the accuracy and applicability of all such information used by Consultant. Such
verification shall include, without limitation, visual examination of existing conditions in all locations
encompassed by the Project, where such examination can be made without using destructive measures
(i.e. excavation or demolition). Survey information shall be spot checked to the extent that Consultant
has satisfied itself as to the reliability of the information.
3.3 At any time, in his/her sole discretion, the City Manager may furnish accounting, and insurance
counseling services for the Project (including, without limitation, auditing services to verify the
Consultant’s applications for payment, or to ascertain that Consultant has properly remitted payment due
to its Subconsultants or vendors).
3.4 If the City observes or otherwise becomes aware of any fault or defect in the Project, or non -
conformance with the Contract Documents, the City, through the Project Administrator, shall give prompt
written notice thereof to the Consultant.
3.5 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity, shall
render any administrative approvals and decisions required under this Agreement, in writing, as
reasonably expeditious for the orderly progress of the Services and of the Work.
3.6 The City Commission shall be the final authority to do or to approve the following actions or
conduct, by passage of an enabling resolution or amendment to this Agreement:
3.6.1 Except where otherwise expressly noted in the Agreement or the Contract Documents, the
City Commission shall be the body to consider, comment upon, or approve any amendments or
modifications to this Agreement.
3.6.2 The City Commission shall be the body to consider, comment upon, or approve any
assignment, sale, transfer or subletting of this Agreement. Assignment and transfer shall be
defined to also include sale of the majority of the stock of a corporate consultant.
3.6.3 The City Commission shall approve or consider all Contract Amendments that exceed the
sum of fifty thousand dollars ($50,000.00) (or other such amount as may be specified by the City
of Miami Beach Procurement Ordinance, as amended).
3.7 Except where otherwise expressly noted in this Agreement, the City Manager shall serve as the
City’s primary representative to whom administrative (proprietary) requests for decisions and approvals
required hereunder by the City shall be made. Except where otherwise expressly noted in this
Agreement or the Contract Documents, the City Manager shall issue decisions and authorizations which
may include, without limitation, proprietary review, approval, or comment upon the schedules, plans,
reports, estimates, contracts, and other documents submitted to the City by Consultant.
3.7.1 The City Manager shall have prior review and approval of the Project Manager (and any
replacements) and of any Subconsultants (and any replacements).
3.7.2 The City Manager shall decide, and render administrative (proprietary) decisions on
matters arising pursuant to this Agreement which are not otherwise expressly provided for in this
Agreement. In his/her discretion, the City Manager may also consult with the City Commission
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on such matters.
3.7.3 At the request of Consultant, the City Manager shall be authorized, but not required, to
reallocate monies already budgeted toward payment of the Consultant; provided, however, that
the Consultant’s compensation (or other budgets established by this Agreement) may not be
increased without the prior approval of the City Commission, which approval (if granted at all)
shall be in its sole and reasonable discretion.
3.7.4 The City Manager may approve Contract Amendments which do not exceed the sum of
fifty thousand dollars ($50,000.00) (or other such amount as may be specified by the City of
Miami Beach Purchasing Ordinance, as amended); provided that no such amendments increase
any of the budgets established by this Agreement.
3.7.5 The City Manager may, in his/her sole discretion, form a committee or committees, or
inquire of, or consult with, persons for the purpose of receiving advice and recommendations
relating to the exercise of the City’s powers, duties, and responsibilities under this Agreement or
the Contract Documents.
3.7.6 The City Manager shall be the City Commission’s authorized representative with regard to
acting on behalf of the City in the event of issuing any default notice(s) under this Agreement,
and, should such default remain uncured, in terminating the Agreement (pursuant to and in
accordance with Article 10 hereof).
3.8 The City’s review, evaluation, or comment as to any documents prepared by or on behalf of the
Consultant shall be solely for the purpose of the City’s determining for its own satisfaction the suitability
of the Project, or portions thereof, detailed in such documents for the purposes intended therefor by the
City, and may not be relied upon in any way by the Consultant or any other third party as a substantive
review thereof.
ARTICLE 4. INTENTIONALLY OMITTED
ARTICLE 5. ADDITIONAL SERVICES
5.1 Additional Services shall only be performed by Consultant following receipt of written
authorization by the Project Administrator (which authorization must be obtained prior to commencement
of any such additional work by Consultant). The written authorization shall contain a description of the
Additional Services required; a lump sum to be negotiated at the time of the request for addit ional
services or an hourly fee (in accordance with the rates in Schedule “B” hereto), with a “Not to Exceed”
amount; Reimbursable Expenses (if any) with a “Not to Exceed” amount; the amended Construction Cost
Budget (if applicable); the time required to complete the Additional Services; and an amended Project
Schedule (if applicable). “Not to Exceed” shall mean the maximum cumulative hourly fees allowable (or,
in the case of Reimbursable Expenses, the maximum cumulative expenses allowable), which the
Consultant shall not exceed without further written authorization of the Project Administrator. The “Not to
Exceed” amount is not a guaranteed maximum cost for the additional work requested (or, in the case of
Reimbursables, for the expenses), and all costs applicable to same shall be verifiable through time
sheets (and, for Reimbursables, expense reviews).
5.2 Additional Services include the following:
5.2.1 Appraisals: Investigation and creation of detailed appraisals and valuations of existing
facilities, and surveys or inventories in connection with construction performed by City.
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5.2.2. Unforeseen Conditions. Providing additional work relative to the Project which arises from
subsequent circumstances and causes which could not reasonably have been foreseen at the
time of the Consultant Service Order (excluding conditions determined by all prior studies
available to Consultant and excluding circumstances and causes resulting from error, omission,
inadvertence, or negligence of Consultant).
5.2.3. City-Requested Revisions to Construction Documents: Making revisions to Construction
Documents resulting in or from City-requested changes in Scope of Work involving new program
elements, when such revisions are inconsistent with written approvals or instructions previously
given by City and/or are due to causes beyond the control of Consultant.
5.2.4 Expert Witness: Except insofar as the Consultant is required by legal process or
subpoena to appear and give testimony, preparing to serve or serving as an expert witness in
connection with any state or federal court action to which the Consultant is not a party in its own
name, that is not instituted by the Consultant or in which the performance of the Consultant is not
in issue.
5.2.5 Procurement: Assistance in connection with bid protests, re-bidding, or re-negotiating
contracts (except for Contract Document revisions and re-bidding services required under Section
4.4 hereof, which shall be provided at no additional cost to City).
5.2.6. Models: Preparing professional perspectives, models or renderings in addition to those
provided for in this Agreement except insofar as these are otherwise useful or necessary to the
Consultant in the provision of Basic Services.
5.2.7. Threshold Inspection/Material Testing and Inspection: Providing threshold inspection
services and material testing/special inspection services, provided that Consultant, as part of the
Basic Services, shall report on the progress the Work, including any defects and deficiencies that
may be observed in the Work.
5.2.8 Pre-Design Surveys & Testing: Environmental investigations and site evaluations,
provided, however, that surveys of the existing structure required to complete as-built
documentation are not additional services.
5.2.9 Geotechnical engineering. Providing geotechnical engineering services or site surveys.
Except as specified herein, services that are required for completion of the Construction Documents shall
be part of Consultant’s Basic Services.
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses must be authorized, in advance, in writing, by the Project Administrator.
Invoices or vouchers for Reimbursable Expenses shall be submitted to the Project Administrator (along
with any supporting receipts and other back-up material requested by the Project Administrator).
Consultant shall certify as to each such invoice and/or voucher that the amounts and items claimed as
reimbursable are “true and correct and in accordance with the Agreement.” Reimbursable Expenses may
include, but not be limited to, the following:
Cost of reproduction, courier, and postage and handling of drawings, plans, specifications, and
other Project documents (excluding reproductions for the office use of the Consultant and its
Subconsultants, and courier, postage and handling costs between the Consultant and its
Subconsultants).
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Costs for reproduction and preparation of graphics for community workshops.
Permit fees required by City of Miami Beach regulatory bodies having jurisdiction over the Project
(i.e. City permit fees).
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 Consultant’s "Lump Sum” or “Not to Exceed” fee for provision of the Services, or portions thereof,
as may be set forth and described in the Consultant Service Order issued for a particular Proj ect, shall
be negotiated between the City and Consultant, and shall be set forth in the Consultant Service Order.
7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and approval
of an acceptable invoice by the Project Administrator. Payments shall be made in proportion to the
Services satisfactorily performed, so that the payments for Services never exceed the progress
percentage noted in the Consultant’s Progress Schedule (to be submitted with each invoice). No mark-up
shall be allowed on subcontracted work. In addition to the invoice, the Consultant shall, for Hourly Rate
authorizations, submit a progress report giving the percentage of completion of the Project and the total
estimated fee to completion.
7.3 Approved Additional Services shall be compensated in accordance with the hourly rates set forth
in Schedule “B,” attached hereto. Any request for payment of Additional Services shall be included with
a Consultant payment request. No mark-up shall be allowed on Additional Services (whether sub-
contracted or not).
7.4 Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto, up to the
“Not to Exceed” Reimbursable allowance amount in the Consultant Service Order hereto. Any request for
payment of Reimbursable Expenses shall also be included with Consultant’s payment request. No mark-
up shall be allowed on Reimbursable Expenses.
7.5 ESCALATION: The initial hourly rates shall remain constant for the Initial Term of the agreement.
Ninety (90) days prior to expiration of the Initial Term, the City may consider an adjustment to the
preceding year’s unit costs for the subsequent year. Only request for increases based on a
corresponding increase in the Consumer Price Index for All Urban Consumers; U.S. City average (1982-
84=100), as established by the United States Bureau of Labor Statistics (“CPI”), or material adjustments
to the scope or requirements of the RFQ by the City, including (but not limited to) living wage increases,
will be considered. In the event that the City determines that the requested increase is unsubstantiated,
the Consultant agrees to perform all duties at the current cost terms.
7.6 No retainage shall be made from the Consultant’s compensation on account of sums withheld by
the City on payments to Contractor.
7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Administrator in a
timely manner, but no more than once on a monthly basis. Invoices shall identify the nature and extent
of the work performed; the total hours of work performed by employee category; and the respective
hourly billing rate associated therewith. In the event Subconsultant work is used, the percentage of
completion shall be identified. Invoices shall also itemize and summarize any Additional Services and/or
Reimbursable Expenses. A copy of the written approval of the Project Administrator for the requested
Additional Service(s) or Reimbursable Expense(s) shall accompany the invoice.
7.7.1 If requested, Consultant shall provide back-up for past and current invoices that records
hours for all work (by employee category), and cost itemizations for Reimbursable Expenses (by
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category).
ARTICLE 8. CONSULTANT’S ACCOUNTING AND OTHER RECORDS
8.1 All books, records (whether financial or otherwise), correspondence, technical documents, and
any other records or documents related to the Services and/or Project will be available for examination
and audit by the City Manager, or his/her authorized representatives, at Consultant’s office (at the
address designated in Article 15 [“Notices”]), during customary business hours. All such records shall be
kept at least for a period of three (3) years after Consultant’s completion of the Services. Incomplete or
incorrect entries in such records and accounts relating personnel services and expenses may be
grounds for City’s disallowance of any fees or expenses based upon such entries. Consultant shall also
bind its Subconsultants to the requirements of this Article and ensure compliance therewith
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS
9.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings,
calculations, specifications, models, photographs, reports, surveys, investigations, and any other
documents (whether completed or partially completed) and copyrights thereto for Services performed or
produced in the performance of this Agreement, or related to the Project, whether in its native electronic
form, paper or other hard copy medium or in electronic medium, except with respect to copyrighted
standard details and designs owned by the Consultant or owned by a third party and licensed to the
Consultant for use and reproduction, shall become the property of the City. Consultant shall deliver all
such documents to the Project Administrator in their native electronic form, as required in the Consultant
Service Order within thirty (30) days of completion of the Services (or within thirty (30) days of expiration
or earlier termination of this Agreement as the case may be). However, the City may grant an exclusive
license of the copyright to the Consultant for reusing and reproducing copyrighted materials or portions
thereof as authorized by the City Manager in advance and in writing, In addition, the Consultant shall not
disclose, release, or make available any document to any third party without prior written approval from
the City Manager. The Consultant shall warrant to the City that it has been granted a license to use and
reproduce any standard details and designs owned by a third party and used or reproduced by the
Consultant in the performance of this Agreement. Nothing contained herein shall be deemed to exclude
any document from Chapter 119, Florida Statutes.
9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior
written approval of the City Manager.
9.3 At the City’s option, the Consultant may be authorized, as an Additional Service, to adapt
copyrighted material for additional or other work for the City; however , payment to the Consultant for
such adaptations will be limited to an amount not greater than 50% of the original fee earned to adapt the
original copyrighted material to a new site.
9.4 The City shall have the right to modify the Project or any components thereof without permission
from the Consultant or without any additional compensation to the Consultant. The Consultant shall be
released from any liability resulting from such modification.
9.5 The Consultant shall bind all Subconsultants to the Agreement requirements for re-use of plans
and specifications.
ARTICLE 10. TERMINATION OF AGREEMENT
10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject to the
appropriation of funds by its legislative body in an amount sufficient to allow continuation of its
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performance in accordance with the terms and conditions of this Agreement. In the event there is a lack
of adequate funding either for the Services or the Project (or both), the City may terminate this
Agreement without further liability to the City.
10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this
Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates any
provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of
the Services or any portion thereof; or (3) does not perform the Services or any portion thereof in a timely
and satisfactory manner. In the case of termination for cause by the City, the Consultant shall first be
granted a thirty (30) day cure period (commencing upon receipt of the initial written notice of default from
the City).
10.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole option
and discretion, may take over the remaining Services and complete them by contracting with
another consultant(s), or otherwise. The Consultant shall be liable to the City for any additional
cost(s) incurred by the City due to such termination. “Additional Cost” is defined as the difference
between the actual cost of completion of the Services, and the cost of completion of such
Services had the Agreement not been terminated.
10.2.2 In the event of termination for cause by the City, the City shall only be obligated to pay
Consultant for those Services satisfactorily performed and accepted prior to the date of
termination (as such date is set forth in, or can be calculated from, the City’s initial written default
notice). Upon payment of any amount which may be due to Consultant pursuant to this
subsection 10.2.2, the City shall have no further liability to Consultant.
10.2.3 As a condition precedent to release of any payment which may be due to Consultant
under subsection 10.2.2, the Consultant shall promptly assemble and deliver to the Project
Administrator any and all Project documents prepared (or caused to be prepared) by
Consultant(including, without limitation, those referenced in subsection 9.1 hereof). The City shall
not be responsible for any cost incurred by Consultant for assembly, copy, and/or delivery of
Project documents pursuant to this subsection.
10.3 TERMINATION FOR CONVENIENCE: In addition to the City’s right to terminate for cause, the
City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior written
notice to Consultant, for convenience, without cause, and without penalty, when (in its sole discretion) it
deems such termination to be in the best interest of the City. In the event the City terminates the
Agreement for convenience, Consultant shall be compensated for all Services satisfactorily performed
and accepted up to the termination date (as set forth in the City’s written notice), and for Consultant’s
costs in assembly and delivery to the Project Administrator of the Project documents (referenced in
subsection 10.2.3 above). Upon payment of any amount which may be due to Consultant pursuant this
subsection 10.3, the City shall have no further liability to Consultant.
10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for
cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully violates any
provisions of this Agreement or unreasonably delays payment of the Services or any portion thereof. In
the event of a termination for cause by Consultant, the City shall pay Consultant for any Services
satisfactorily performed and accepted up to the date of termination; provided, however, that the City shall
first be granted a thirty (30) day cure period (commencing upon receipt of Consultant’s initial written
notice).
10.4.1 The Consultant shall have no right to terminate this Agreement for convenience.
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10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or for
convenience), the Consultant shall immediately, upon receipt of the City’s written notice of termination:
(1) stop the performance of Services; (2) place no further orders or issue any other subcontracts, except
for those which may have already been approved, in writing, by the Project Administrator; (3) terminate
all existing orders and subcontracts; and (4) promptly assemble all Project documents (for delivery to the
Project Administrator).
ARTICLE 11. INSURANCE
11.1 At all times during the Term of this Agreement, Consultant shall maintain the following required
insurance coverage in full force and effect. The Consultant shall not commence any work until
satisfactory proof of all required insurance coverage has been furnished to the Project Administrator:
(a) Workers' Compensation and Employer's Liability per the Statutory limits of the State of
Florida.
(b) Commercial General Liability on a comprehensive basis in an amount not less than
$1,000,000 combined single limit per occurrence for bodily injury and property damage.
(c) Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with the work, in an amount not less than $500,000 combined single limit per
occurrence for bodily injury and property damage.
(d) Professional Liability Insurance in an amount not less than $1,000,000 with the deductible
per claim, if any, not to exceed 10% of the limit of liability.
11.2 The City must be named as and additional insured on the liability policies; and it must be stated
on the certificate.
11.3 The Consultant must give the Project Administrator at least thirty (30) days prior written notice of
cancellation or of substantial modifications in any required insurance coverage. All certificates and
endorsements shall contain this requirement.
11.4 The insurance must be furnished by an insurance company rated A:V or better, or its equivalent,
according to Bests’ Guide Rating Book, and by insurance companies duly authorized to do business in
the State of Florida, and countersigned by the company’s Florida resident agent.
11.5 Consultant shall provide the Project Administrator with a certificate of insurance of all required
insurance policies. The City reserves the right to require a certified copy of such policies, upon written
request to Consultant.
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS
12.1 To the fullest extent permitted by Section 725.08, Florida Statutes, the Consultant shall indemnify
and hold harmless the City and its officers, employees, agents, and instrumentalities, from liabilities,
damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other
persons employed or utilized by the Consultant in the performance of this Agreement.
The Consultant shall pay all claims and losses in connection therewith and shall investigate and defend
all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including
appellate proceedings, and shall pay all costs, judgments, and attorney’s fees which may issue thereon.
Consultant expressly understands and agrees that any insurance protection required by this Agreement
or otherwise provided by Consultant shall in no way limit its responsibility to indemnify, keep, and save
harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided.
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12.2 The Consultant agrees and recognizes that the City shall not be held liable or responsible for any
claims which may result from any negligent, reckless, or intentionally wrongful actions, errors or
omissions of the Consultant in which the City participated either through review or concurrence of the
Consultant’s actions. In reviewing, approving or rejecting any submissions by the Contractor, or other
acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the
Consultant (including, without limitation its Subconsultants and/or any registered professionals
(architects and/or engineers) under this Agreement).
ARTICLE 13. ERRORS AND OMISSIONS
13.1 ERRORS AND OMISSIONS: It is specifically agreed that any construction changes categorized
by the City as caused by an error, an omission, or any combination thereof in the Contract Documents
that were prepared by the Consultant will constitute an additional cost to the City that would not have
been incurred without the error. The damages to the City for errors, omissions or any combinations
thereof shall be calculated as the total cost of any damages or incremental costs to the City resulting out
of the errors or omissions by the Consultant, including, without limitation, the direct, indirect and/or
consequential damages resulting from the Consultant’s errors and/or omissions or any combination
thereof.
Damages shall include delay damages caused by the error, omission, or any combination thereof.
Should the Consultant disagree that all or part of such damages are the result of errors , omissions, or
any combination thereof, the Consultant may appeal this determination, in writing, to the applicable
Assistant City Manager. The Project Administrator’s decision on all claims, questions and disputes shall
be final, conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or
unreasonable. In the event that the Consultant does not agree with the decision of the Project
Administrator, the Consultant shall present any such objections, in writing, to the City Manager. The
Project Administrator and the Consultant shall abide by the decision of the City Manager. This
paragraph does not constitute a waiver of any party’s right to proceed in a court of competent jurisdiction
after the above administrative remedies have been exhausted.
ARTICLE 14. LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability
for any cause of action for money damages due to an alleged breach by the City of this Agreement, so
that its liability for any such breach never exceeds the “not to exceed” amount of the fee paid to
Consultant under this Agreement, less any amount(s) actually paid to Consultant hereunder. Consultant
hereby expresses its willingness to enter into this Agreement, with Consultant’s recovery from the City for
any damages for action for breach of contract to be limited to Consultant’s “not to exceed” fee under this
Agreement, less any amount(s) actually paid by the City to the Consultant hereunder.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby
agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the
City of this Agreement, in an amount in excess of the “not to exceed amount” of Consultant’s fees under
this Agreement, which amount shall be reduced by any amount(s) actually paid by the City to Consultant
hereunder.
Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to be a
waiver of the limitation placed upon City’s liability, as set forth in Section 768.28, Florida Statutes.
ARTICLE 15. NOTICE
All written notices given to City by Consultant shall be addressed to:
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City Manager’s Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Jimmy L. Morales, City Manager
With a copy to:
City Manager’s Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Eric T. Carpenter, Assistant City Manager
All written notices given to the Consultant from the City shall be addressed to:
__________________
__________________
__________________
__________________
Attn: ____________
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail,
return receipt requested.
ARTICLE 16. MISCELLANEOUS PROVISIONS
16.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the
State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The
exclusive venue for any litigation arising out of this Agreement shall be Miami -Dade County, Florida, if in
state court, and the U.S. District Court, Southern District of Florida, in federal court. BY ENTERING
INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER
PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not discriminate
against any employee or applicant for employment for work under this Agreement because of race, color,
national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or
age, and will take affirmative steps to ensure that applicants are employed and employees are treated
during employment without regard to race, color, national origin, religion, sex, gender identity, sexual
orientation, disability, marital or familial status, or age.
16.3 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act (Section
287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to the City, may not submit a bid on a contract with the City for the
construction or repair of a public building or public work, may not bid on leases of real property to the
City, may not be awarded or perform work as a contractor, supplier, subcontractor, or subconsultant
under a contract with the City, and may not transact business with the City in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for Category Two, for a period of 36 months from
the date of being placed on the convicted vendor list. For violation of this subsection by Consultant, City
shall have the right to terminate the Agreement without any liability to City, and pursue debarment of
Consultant
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16.4 NO CONTINGENT FEE: Consultant warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or
firm, other than a bona fide employee working solely for Consultant, any fee, commission, percentage,
gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For
the breach or violation of this subsection, City shall have the right to terminate the Agreement, without
any liability or, at its discretion, to deduct from the contract price (or otherwise recover) the full amount of
such fee, commission, percentage, gift, or consideration.
16.5 LAWS AND REGULATIONS:
16.5.1 The Consultant shall, during the Term of this Agreement, be governed by all Applicable
Laws which may have a bearing on the Services involved in the Project.
16.5.2 Project Documents. In accordance with Section 119.07 (3) (ee), Florida Statutes,
entitled “Inspection, Examination, and Duplication of Records; Exemptions,” all building
plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final
formats, are exempt from the provisions of Section 119.07(1), Florida Statutes (inspection
and copying of public records), and s. 24(a), Article I of the State Constitution.
Information made exempt by this paragraph, with prior written approval from the City
Manager, may be disclosed to another entity to perform its duties and responsibilities; to a
licensed architect, engineer, or contractor who is performing work on or related to the
Project; or upon a showing of good cause before a court of competent jurisdiction. The
entities or persons receiving such information shall maintain the exempt status of the
information.
16.5.2.1 In addition to the requirements in this subsection 16.5.2, the Consultant agrees
to abide by all applicable Federal, State, and City procedures, as may be
amended from time to time, by which the documents are handled, copied, and
distributed which may include, but is not limited to, each employee of
Consultant and Subconsultants that will be involved in the Project being
required to sign an agreement stating that they will not copy, duplicate, or
distribute the documents unless authorized by the City Manager, in writing.
16.5.2.2 The Consultant and its Subconsultants agree in writing that the Project
documents are to be kept and maintained in a secure location.
16.5.2.3 Each set of the Project documents are to be numbered and the whereabouts of
the documents shall be tracked at all times.
16.5.2.4 A log is developed to track each set of documents logging in the date, time,
and name of the individual(s) that work on or view the documents.
16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without added
compensation, all necessary supplemental documents to correct errors, omissions, and/or ambiguities
which may exist in the Contract Documents prepared by Consultant, including documents prepared by its
Subconsultants. Compliance with this subsection shall not be construed to relieve the Consultant from
any liability resulting from any such errors, omissions, and/or ambiguities in the Contract Documents and
other documents or Services related thereto.
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16.7 ASSIGNMENT: The Consultant shall not assign, transfer or convey this Agreement to any other
person, firm, association or corporation, in whole or in part, without the prior written consent of the Cit y
Commission, which consent, if given at all, shall be at the Commission’s sole option and discretion.
However, the Consultant will be permitted to cause portions of the Services to be performed by
Subconsultants, subject to the prior written approval of the City Manager.
16.8 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself, his/her
partners, successors, legal representatives and assigns to the other party of the Agreement and to the
partners, successors, legal representatives, and assigns of such party in respect to all covenants of this
Agreement. The Consultant shall afford the City (through the City Commission) the opportunity to
approve or reject all proposed assignees, successors or other changes in the ownership structure and
composition of the Consultant. Failure to do so constitutes a breach of this Agreement by the
Consultant.
16.9 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance of the
Services prescribed herein, it shall be the responsibility of the Consultant to provide all salaries, wages,
materials, equipment, Subconsultants, and other purchased services, etc., as necessary to complete
said Services.
16.10 INTENT OF AGREEMENT:
16.10.1 The intent of the Agreement is for the Consultant to provide design and other
services, and to include all necessary items for the proper completion of such services for a fully
functional Project which, when constructed in accordance with the design, will be able to be used
by the City for its intended purpose. The Consultant shall perform, as Basic Services, such
incidental work which may not be specifically referenced, as necessary to complete the Project.
16.10.2 This Agreement is for the benefit of the parties only and it does not grant rights to
a third party beneficiary, to any person, nor does it authorize anyone not a party to the Agreement
to maintain a suit for personal injuries, professional liability, or property damage pursuant to the
terms or provisions of the Agreement.
16.10.3 No acceptance, order, payment, or certificate of or by the City, or its employees or
agents, shall either stop the City from asserting any rights or operate as a waiver of any
provisions hereof or of any power or right herein reserved to the City or of any rights to damages
herein provided.
16.11 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein;
and the parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, the parties agree that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements whether oral or written. It is further agreed
that no modification, amendment or alteration in the terms or conditions contained herein
shall be effective unless memorialized in written document approval and executed with the
same formality and of equal dignity herewith.
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IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their
names by their duly authorized officers and principals, attested by their respective witnesses and City
Clerk on the day and year first hereinabove written.
Attest CITY OF MIAMI BEACH:
CITY CLERK MAYOR
Attest CONSULTANT: ____________________
Signature/Secretary Signature/President
Print Name Print Name
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SCHEDULE A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND
_______________________
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CONSULTANT SERVICE ORDER
Service Order No. ___ for Consulting Services.
TO: _____________________
_____________________
_____________________
PROJECT NAME: Project Name
DATE: ________________
Pursuant to the agreement between the City of Miami Beach and Consultant for WATER &
WASTEWATER SYSTEMS CONSULTANT (RFQ 2017-129-KB) you are directed to provide the following
services:
SCOPE OF SERVICES:
Per attached proposal dated _______________, to be considered part of this Agreement.
Estimated calendar days to complete this work: ____ ___Days
Original Service Order Amount: $ ___________
Total From Previous Additional Service Orders: $ ___________
Fee for this Service Order is Lump Sum/Not to Exceed amount
of: $___________
Total Agreement to Date: $___________
City’s Project
Coordinator/Manager
Date
Assistant Director
Date Consultant. Date
Project Administrator-Director
Date
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SCHEDULE B
CONSULTANT COMPENSATION
Schedule of Payments
Planning Services * $XXXXXXXX
Design Services* $XXXXXXXX
Bidding and Award Services $XXXXXXXX
Construction Administration ** $XXXXXXXX
Reimbursable Allowance*** $XXXXXXXX
Note*: These services will be paid lump sum based on percentage complete of each phase as
identified in the individual tasks.
Note**: Construction Administration will be paid on a monthly basis upon commencement of
construction.
In the event that, through no fault of the Consultant, Construction Administration services are
required to be extended, which extension shall be subject to prior City approval, and what shall
be at the City’s sole discretion, the Consultant agrees to extend said services for $XXXXXX, per
month, for the duration required to complete the Project.
Note***: The Reimbursable Allowance belongs to the City and must be approved in writing, in
advance, by the Project Administrator. Unused portions will not be paid to the Consultant.
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HOURLY BILLING RATE SCHEDULE
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SCHEDULE C
APPROVED SUBCONSULTANTS
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ATTACHMENT A
RESOLUTION, COMMISSION ITEM, AND COMMISSION MEMORANDUM
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65
ATTACHMENT B
REQUEST FOR QUALIFICATIONS (RFQ)
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66
ATTACHMENT C
CONSULTANT’S RESPONSE TO THE RFQ
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Commission Committe e Assignme nts - C4 A
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Commissioner John Elizabeth Aleman
DAT E:March 22, 2017
SUBJECT:REFERRAL TO THE FI NANCE AND CI TYWIDE PROJECTS COMMI TTEE TO
CONSI DER THE MOTION FROM THE PARKS & RECREATIONAL FACI LITIES
ADVISORY BOARD REGARDI NG THE I NCLUSION OF A ROOFTOP SEATING
AREA IN THE SCOPE OF THE NORTH SHORE PARK PROSHOP/OFFI CE AREA
EXPANSI ON PROJECT.
ANALY SIS
Please place on the March 22, 2017 City Commission Agenda a referral to the Finance and
Citywide Projects Committee to consider the following motion by the Parks & Recreational
Facilities Advisory Board:
The Parks and Recreational Facilities Advisory Board motions to urge the City
Commi ssion to include a rooftop seating area in the scope of the North Shore Park
ProShop/Office Area Expansion Project.
The motion was passed unanimously 7-0 at the Advisory Board's March 1, 2017 meeting. The
related LTC is included for additional information.
Please contact my office at extension 6437 for additional inf ormation.
Legislative Tracking
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
LT C
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MIAMI REACH
OFFICE OF THE CITY MANAGER
NO. LTC # 125-2017
LETTER TO COMMISSION
TO: Mayor Philip Levine and Members of th4 City Commis ion
FROM: Jimmy L. Morales, City Manager
DATE: March 3, 2017
SUBJECT: PARKS & RECREATIONAL FACILITIES ADVISORY BOARD MOTIONS
The purpose of this Letter to Commission (LTC) is to inform the Mayor and Commission of the two motions
passed by the Parks and Recreational Facilities Advisory Board at its meeting of March 1, 2017:
MOTION 1:
The Parks and Recreational Facilities Advisory Board motions to urge the City Commission to include a rooftop
seating area in the scope of the North Shore Park ProShop/Office Area Expansion Project.
Motion Made by: Jonathan Groff
Motion Seconded by: Eliane Soffer Siegel
Motion Passes: 7-0 (Motion Passes)
Members Present for Motion: Carolina Jones (Chair), David Berger, Eliane Soffer Siegel, Lee Zimmerman,
Jonathan Groff, Dana Turken and Wil Martinez.
Members Not Present for Motion: Chris Growald, Lori Nieder, Robert Gonzalez Paul Stein, Stephanie Rosen
and Jenifer Caplan
MOTION 2:
The Parks and Recreational Facilities Advisory Board motions to approve the North Shore Open Space Park
plan as presented and to continue to work on a barrier fence design along Collins Avenue that is lower than the
fence that currently exists with a wavy artistic design at the top and a low maintenance hedge or shrubbery
along the bottom to soften the look and that this motion be shared with the Design Review Board.
Motion Made by: Jonathan Groff
Motion Seconded by: Carolina Jones
Motion Passes: 6-1 (Motion Passes)
Member Against: Eliane Soffer Siegel
Members Present for Motion: Carolina Jones (Chair), David Berger, Eliane Soffer Siegel, Lee Zimmerman,
Jonathan Groff, Dana Turken and Wil Martinez.
Members Not Present for Motion: Chris Growald, Lori Nieder, Robert Gonzalez Paul Stein, Stephanie Rosen
and Jenifer Caplan
J LM/
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Commission Committe e Assignme nts - C4 B
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Commissioner Joy Malakoff
DAT E:March 22, 2017
SUBJECT:REFERRAL TO THE FI NANCE AND CI TYWIDE PROJECTS COMMITTEE AN
ARRANGEMENT WITH SABRINA COHEN FOUNDATI ON FOR THE
CONSTRUCTION AND OPERATI ON OF AN ADAPTIVE FITNESS CENTER AT A
PORTION OF THE 53RD STREET PARKING LOT WITH DIRECTI ON TO STAFF
TO DO OUTREACH TO THE BUILDI NGS I MMEDIATELY ADJACENT.
ANALY SIS
Please place the above Referral Item on the Consent Agenda f or the Commission Meeting of
March 22, 2017.
If you have any questions, please contact me at extension 6622.
Thank you.
Legislative Tracking
Commissioner Joy Malakof f
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Commission Committe e Assignme nts - C4 C
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Commissioner Joy Malakoff
DAT E:March 22, 2017
SUBJECT:REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE OF
A TEMPORARY ART INSTALLATI ON, "ART I N MOTION" COMMUNITY PROJECT,
TO PROMOTE THE ARTW ORK OF MI AMI BEACH SENI OR HIGH SCHOOL
STUDENTS.
ANALY SIS
Please place on the March 22, 2017 Presentations and Awards Commission Meeting, a referral
to the Neighborhood/Community Affairs Committee of a temporary art installation, "Art in Motion"
Community Project, to Promote the artwork of Miami Beach Senior High School Students.
Legislative Tracking
Commissioner Joy Malakof f
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Resolutions - C7 A
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Jimmy L. Morales, City Manager
DAT E:March 22, 2017
SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF
MI AMI BEACH, FLORI DA, ACCEPTI NG A DONATION IN THE AMOUNT OF
$10,000.00 FROM THE MI AMI BEACH EDUCATION FOUNDATION, INC., FROM
PROCEEDS OF THE 2017 MIAMI BEACH CHAMBER OF COMMERCE'S ANNUAL
GOLF CLASSI C, TO BE UTI LIZED BY THE CITY OF MI AMI BEACH'S
INTERNATI ONAL BACCALAUREATE (I B) EDUCATIONAL PROGRAM, AND
APPROPRI ATI NG THE $10,000.00 DONATI ON TO THE CITY'S IB PROGRAM.
RECOMMENDATION
The Administration recommends the approval of this Resolution accepting a donation for $10,000
from the MBCC for the implementation of the IB program in Miami Beach schools. T his approval will
assist the Department in accomplishing its measurable objectives linked to the City’s Key Intended
Outcomes to Achieve Educational (K-12) Excellence and Induce Public School Accountability Mainly
at the Middle School.
ANALY SIS
As part of the City’s Education Compact, the City supports excellence in education in the City’s
public schools recognizing it is an investment in the overall enhancement of education for
residents. facilitate discussions with the Miami Beach Chamber and other appropriate
organizations to identify funding for annual I nternational Baccalaureate Program operating costs
that include required annual f ees, ongoing teacher training, coordinator supplements, books,
extra teaching period supplements, and annual exam registration and f ee per student for the
Diploma Program. Developed with signif icant community input, the Compact reflects the
desire of the Miami Beach community to support excellence in their schools and an investment
in the overall enhancement of education for its residents. The areas of focus in our Compact
include: teacher recruitment and retention, enhanced communication of education and
community events, family involvement and support as well as engaging youth and community,
increase the health and well-being of students, enhance student achievement, improve safety
and perceptions of saf ety in our schools, and improve access to technology. Enhanced student
achievement includes a seamless curriculum of advanced studies through the International
Baccalaureate (IB) Program from Pre-Kindergarten through twelfth grade. To date,
approximately $746,692 has been expended f or application fees, professional development for
teachers, and other youth related activities. The following is the status of implementation for
each IB program:
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Ø Diploma Program (DP): Miami Beach Senior High is authorized to teach the IB
Diploma Program as of Fall 2010. As an I B W orld School, approximately 82 percent of
those eligible in 2012 , 89 percent of those eligible in 2013, 62 percent of those eligible
in 2014, 73 percent of those eligible in 2015, and 83 percent of those in 2016 received
the I B Diploma. Currently there are 115 students in the tenth grade and 100 students in
ninth grade seeking the IB Diploma, a 765 percent increase since program inception.
Ø Middle Years Program (MYP): Nautilus Middle School and Fienberg Fisher K-8 are
authorized to teach the IB MYP Program and attained authorization in 2011. Both have
obtained their f ive-year reauthorization.
Ø Primary Years Program (PYP): South Pointe, North Beach, Biscayne, Fienberg Fisher,
and Treasure I sland Elementary are authorized I B schools as of February 2013.
Fienberg Fisher K-8 Center and Biscayne Elementary have obtained their five-year
reauthorization.
CHAM BER SUPPORT
Over the past several years, the Miami Beach Chamber of Commerce has been working with
the City of Miami Beach and the City’s public schools, to support various components of the
Education Compact.
On January 6, 2009, the City made a presentation to the Chamber outlining additional needs to
support the I B programs in Miami Beach Schools. The Chamber understood that as each
school is authorized, annual fees and professional development of staf f are required to maintain
the IB programs. As a result, the Miami Beach Chamber’s Education Foundation has donated
$70,620 as of April 2016 to partially fund IB related expenses for the City’s IB authorized public
schools.
CONCLUSION
The Administration recommends the approval of this Resolution accepting a donation for
$10,000 from the MBCC f or the implementation of the I B program in Miami Beach schools.
This approval will assist the Department in accomplishing its measurable objectives linked to the
City’s Key Intended Outcomes to Achieve Educational (K-12) Excellence and Induce Public
School Accountability Mainly at the Middle School.
KEY INTENDED OUTCOMES SUPPORTED
Achieve Educational (K-12) Excellence
Legislative Tracking
Organization Development Perf ormance I nitiatives
ATTACHMENTS:
Description
Resolution
Page 82 of 154
RESOLUTION NO.
~~~~~~~~
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A
DONATION IN THE AMOUNT OF $10,000.00 FROM THE MIAMI
BEACH EDUCATION FOUNDATION, INC., FROM PROCEEDS
OF THE 2017 MIAMI BEACH CHAMBER OF COMMERCE'S
ANNUAL GOLF CLASSIC, TO BE UTILIZED BY THE CITY OF
MIAMI BEACH'S INTERNATIONAL BACCALAUREATE (IB)
EDUCATIONAL PROGRAM, AND APPROPRIATING THE
$10,000.00 DONATION TO THE CITY'S IB PROGRAM.
WHEREAS, over the past several years, the Miami Beach Chamber of Commerce has
worked with the City of Miami Beach and the City's public schools to support various
components of the Miami Beach Education Compact ("Education Compact"); and
WHEREAS, the Education Compact reflects the desire of the Miami Beach community
to support excellence in education in the City's public schools and is an investment in the overall
enhancement of education for the City's residents; and
WHEREAS, as a result of the City's Education Compact with Miami-Dade County Public
Schools, all public schools in Miami Beach offer the International Baccalaureate (IB) Program,
which is internationally recognized as a benchmark for education excellence and also fosters
student participation in community service; and
WHEREAS, the implementation of the IB Program at Miami Beach public schools
depends on appropriate funding for a variety of op e rating costs, such as teacher training , and
student books, s upplies, and fees; and
WHEREAS, certain proceed s from the 2017 Miami Beach Chamber of Commerce 's
Annual Golf Classic were received by the Mi a mi Beach Education Foundation, and the
Foundation has generous ly offered to donate $10,000 .00 from such proceeds to the City's IB
Program .
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 acce pt a donation in the amount of $10,000 .00 from the Miami Beach
Education Foundation , Inc., which it received from proceeds of the 2017 Miami Beach Chamber
of Commerce's Annual Golf Classic, and hereby appropriate the $10,000.00 donation to the City
of Miami Beach's International Baccalaureate Program .
PASSED AND ADOPTED this __ day of Ma rch, 2017.
ATTEST:
Rafael Granado
City Clerk
Philip Levine
Mayor
A PPROVED A S TO
FORM & LANGUAGE
& FOR EXECUT ION
Page 83 of 154
Resolutions - C7 B
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Raul J. Aguila, City Attorney
DAT E:March 22, 2017
SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF
MI AMI BEACH, FLORIDA, SUPPORTI NG SENATE BILL 1000 (SB 1000) AND
HOUSE BILL 1105 (HB 1105), WHI CH AMEND FLORI DA’S FIRESAFETY
STANDARDS TO PRESERVE ARCHI TECTURALLY SI GNI FI CANT BUILDING
FEATURES.
RECOMMENDATION
Pursuant to the request of Commissioner John Elizabeth Aleman, the attached Resolution is
submitted for consideration by the Mayor and City Commission at the March 22, 2017 Commission
meeting. T his Resolution supports similar Bills in the Florida Senate (SB 1000) and the Florida
House of Representatives (HB 1105) that amend Florida's firesafety standards by providing that
buildings that were constructed and obtained a certificate of occupancy before 1965 may have larger
balcony guard openings if the guard was approved as part of the original building design; the guard
is at least 40" high; and the building is designated as an historic property, a contributing property to
an historic district, or is eligible for designation as a local historic property under a local preservation
ordinance.
SB 1000 and HB 1105 will help maintain, preserve, and protect Miami Beach's iconic and historic
architecture. Historic properties provide physical reminders of our past. T hey tell the story of our
society, culture, and values at a particular point in time, especially in the context of a Historic District.
In Miami Beach, we have two distinct architectural styles that are unique in the world: Art Deco and
MiMo. Without protecting these assets, our community identity will be altered and our connections to
the past made tenuous. Visitors come to Miami Beach from all over the world to experience and
immerse themselves in our architecture. Features of our buildings are photographed and shared as
cultural icons. The loss of our identity, our character, and the visual reminders of our history would
have a negative impact on both our citizens and our economy.
The City of Miami Beach is on the verge of a major transformation, which will extend over the next 50
years, as we struggle to make our physical infrastructure, including streets, bridges, temples and
churches, and schools and homes, sustainable and resilient in the face of sea level rise and global
climate change. SB 1000 and HB1105 will afford protection to our historic architecture.
Page 84 of 154
Legislative Tracking
Of f ice of the City Attorney
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
Reso Support SB 1000 & HB 1105, Firesafety Standards 2017 F.A. 3.16.2017
Page 85 of 154
RESOLUTION NO. _____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SUPPORTING SENATE
BILL 1000 (SB 1000) AND HOUSE BILL 1105 (HB 1105), WHICH
AMEND FLORIDA'S FIRESAFETY STANDARDS TO PRESERVE
ARCHITECTURALLY SIGNIFICANT BUILDING FEATURES.
WHEREAS, Senate Bill 1000 (SB 1000) and House Bill 1105 (HB 1105) have
been filed for consideration during the Florida Legislature's 2017 session by Senator
Daphne Campbell (D-North Miami Beach) and Representative David Richardson (D-
Miami Beach), respectively; and
WHEREAS, SB 1000 and HB 1105 are similar Bills that amend Florida's
firesafety standards by providing that buildings that were constructed and obtained a
certificate of occupancy before 1965 may have balcony guard openings which allow
passage of a sphere greater.than 4 inches in diameter and less than 42 inches high if
the guard was approved as part of the original building design; the guard is at least 40
inches high; and the building is designated as an historic property, a contributing
property to an historic district, or is eligible for designation as a local historic property
under a local preservation ordinance; and
WHEREAS, historic properties provide physical reminders of our past and tell the
story of our society, culture, and values at a particular point in time; and
WHEREAS, in the City of Miami Beach (City) there are two architectural styles
that are unique in the world, Art Deco and Mimo (Miami Modernism), which are
represented throughout the City's various Historic Districts; and
WHEREAS, visitors from around the world come to Miami Beach to experience
our historic architectural districts, and the largest concentration of Art Deco architecture
in the world is found in Miami Beach's Architectural Historic District which is listed in the
National Register of Historic Places; and
WHEREAS, features of the City's historic buildings are photographed and shared
globally as cultural icons and the loss of these architectural representations of our
identity, local character, and culture would have a negative impact on our citizens and
economy; and
WHEREAS, the City's efforts to make its physical infrastructure resilient in
response to climate change and sea level rise will extend decades into the future and
SB 1000 and HB 1105 will help maintain, protect, and preserve the City's iconic
architectural and historic past; and
Page 86 of 154
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 support SB 1000 and HB 1105 which amend Florida's firesafety
standards to preserve architecturally significant building features.
PASSED AND ADOPTED this 22nd day of March, 2017.
ATTEST:
Rafael E. Granado, City Clerk
F:\ATTO\TURN\RESOS\ Support SB 1000 & HB 1105, F!resafety Standards 2017.doc
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXE UTION
3//<t (If
Dote
Page 87 of 154
Resolutions - C7 C
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Raul J. Aguila, City Attorney
DAT E:March 22, 2017
SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF
MI AMI BEACH, FLORIDA, SUPPORTI NG FLORIDA SENATE BILL 964 (SB 964)
AND HOUSE BI LL 1249 (HB 1249) CONCERNI NG EDUCATION
ACCOUNTABI LITY BY AMENDING PROVISI ONS I N THE FLORIDA STATUTES
TO ELIMI NATE CERTAIN END-OF-COURSE EXAMS AND PROVIDING OTHER
EDUCATION REFORMS RELATED TO CHARTER SCHOOLS, PROMOTI ON AND
GRADUATI ON REQUIREMENTS, STANDARD HI GH SCHOOL DI PLOMA
DESIGNATIONS, THE STATEW I DE STANDARDIZED ASSESSMENT PROGRAM,
REPORTS RELATING TO STUDENT PROGRESSION AND SCHOOL
IMPROVEMENT, THE SCHOOL GRADI NG SYSTEM, AND PERSONNEL
EVALUATIONS.
RECOMMENDATION
Pursuant to the request of Commissioner John Elizabeth Aleman, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the March 22, 2017 Commission
meeting.
If adopted, it is further requested that a copy of this Resolution be transmitted by the City Clerk to all
members of the Florida Legislature.
Legislative Tracking
Of f ice of the City Attorney
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
Page 88 of 154
Reso Supporting SB 964 & HB 1249 Regarding Education Accountabillty 2017 F.A. 3.16.2017
Page 89 of 154
RESOLUTION NO. -------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SUPPORTING FLORIDA
SENATE BILL 964 (SB 964) AND HOUSE BILL 1249 (HB 1249)
CONCERNING EDUCATION ACCOUNTABILITY BY AMENDING
PROVISIONS IN THE FLORIDA STATUTES TO ELIMINATE
CERTAIN END-OF-COURSE EXAMS AND PROVIDING OTHER
EDUCATION REFORMS RELATED TO CHARTER SCHOOLS,
PROMOTION AND GRADUATION REQUIREMENTS, STANDARD
HIGH SCHOOL DIPLOMA DESIGNATIONS, THE STATEWIDE
STANDARDIZED ASSESSMENT PROGRAM, REPORTS
RELATING TO STUDENT PROGRESSION AND SCHOOL
IMPROVEMENT, THE SCHOOL GRADING SYSTEM, AND
PERSONNEL EVALUATIONS.
WHEREAS, Senate Bill 964 (SB 964) and House Bill (HB 1249) are identical Bills
that have been filed for consideration during the Florida Legislature's 2017 session by
Senator Bill Montford (D-Tallahassee) and Co-lntroducers Senator Rene Garcia (R-
Hialeah), Senator Tom Lee (R-Brandon), Senator Linda Stewart (D-Orlando), Senator
Debbie Mayfield (R-Melbourne), Senator Audrey Gibson (D-Jacksonville), and Senator
Doug Broxson (R-Pensacola); and by Representative Halsey Beshears (R-Monticello)
and Co-Introducer Mel Ponder (R-Fort Walton Beach), respectfully; and
WHEREAS, SB 964 and HB 1249 address education accountability in Florida
schools by eliminating certain End-of-Course (EOC) exams and providing other
education reforms related to charter schools, promotion and graduation requirements,
standard high school diploma designations, the statewide standardized assessment
program, reports relating to student progression and school improvement, the school
grading system, and personnel evaluations; and
WHEREAS, Florida has led the country in establishing and implementing a
rigorous assessment and accountability system, but the testing of Florida's students,
rather than actual instruction, now dominates classroom time; and
WHEREAS, the introduction and requirement of EOC assessments in middle
school and high school only serve to increase the overall number of assessments on
students while diminishing instructional time; and
WHEREAS, the Florida Legislature should reduce the overall number of
assessments, including the 9th grade Florida Standards Assessment, and should
eliminate all EOC assessments, except for Algebra I and Biology I, to allow more
instructional time for students at all levels; and
Page 90 of 154
WHEREAS, an alternate, nationally recognized assessment should be
authorized in high school that is also recognized by colleges and universities, to
increase opportunities for students to be successful in college; and
WHEREAS, numerous acceleration programs have been implemented in Florida
at the college level for students that incorporate assessments as a measure of student
performance, including advanced placement, International Baccalaureate, Advanced
International Certificate of Education, dual enrollment, and certificate programs; and
WHEREAS, the acceleration opportunities at the high school level should be
increased by reducing overall required assessments; and
WHEREAS, although state-mandated standardized tests are necessary for
accountability within our schools, the State should allow local school districts to
implement a reasonable and appropriate EOC testing schedule that does not affect
students receiving a diverse and high-quality education; and
WHEREAS, the Mayor and City Commission support the reforms in SB 964 and
HB 1249 which will enhance education accountability in Florida schools.
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 support Senate Bill 964 and House Bill 1249.
PASSED AND ADOPTED this 22nct day of March, 2017.
ATTEST:
Rafael E. Granado, City Clerk
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION !
{§1fi,.!;;~ :;•Irr
F:\ATTO\TURN\RESOS\ Reso Supporting SB 964 & HB 1249 Regarding Education Accountabillty 2017.doc
Page 91 of 154
Resolutions - C7 D
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Raul J. Aguila, City Attorney
DAT E:March 22, 2017
SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF
MI AMI BEACH, FLORIDA, SUPPORTI NG FLORIDA SENATE BI LL 1682 (SB
1682) AND HOUSE BILL 1237 (HB 1237) AMENDI NG FLORI DA'S CONDOMINIUM
ACT BY PROVI DI NG REFORMS TO PROTECT CONDOMI NIUM OW NERS AND
RESIDENTS.
RECOMMENDATION
Pursuant to the request of Commissioner John Elizabeth Aleman, the above-referenced Resolution is
submitted for consideration by the Mayor and the City Commission at the March 22, 2017
Commission meeting.
Legislative Tracking
Of f ice of the City Attorney
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
Reso Supporting SB 1682 & HB 1237, Support SB 1682 & HB 1237, Condominium Law Reform
Page 92 of 154
RESOLUTION NO. -------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, SUPPORTING
FLORIDA SENATE BILL 1682 (SB 1682) AND HOUSE BILL
1237 (HB 1237) AMENDING FLORIDA'S CONDOMINIUM
ACT BY PROVIDING REFORMS TO PROTECT
CONDOMINIUM OWNERS AND RESIDENTS.
WHEREAS, on February 6, 2017, the Miami-Dade County Grand Jury ("Grand
Jury") issued its Final Report following an investigation of complaints concerning the
management and operation of condominiums in the State of Florida; and
WHEREAS, in its Final Report, the Grand Jury suggested various reforms to the
laws governing condominiums in Florida; and
WHEREAS, among its suggested reforms, the Grand Jury recommended
criminal liability for directors and members of condominium boards and associations for
violations concerning access to official association records, condominium election
· monitoring and criminal penalties for violations, and conflict of interest provisions for
condominium directors; and
WHEREAS, on March 1, 2017, the Miami Beach City Commission passed and
adopted Resolution No. 2017-29767 supporting amendments to Florida's Condominium
Act, consistent with the Grand Jury's recommendations; and
WHEREAS, on March 3, 2017, Florida Senate Bill 1682 (SB 1682) and related
House Bill 1237 (HB 1237) were filed for consideration during the Florida Legislature's
2017 session by Senator Rene Garcia (R-Hialeah) and Co-Introducer Senator Jose
Javier Rodriguez (D-Miami), and by Representative Jose Felix Diaz (R-Miami),
respectively; and
WHEREAS, both SB 1682 and HB 1237 were filed in response to the Grand
Jury's Final Report and incorporate some of the Final Report's recommendations, as
well as provide other comprehensive reforms to Florida's Condominium Act; and
WHEREAS, SB 1682 and HB 1237 include provisions: prohibiting an attorney
from representing both the condominium board and the management company of the
association; prohibiting a board member or management company from purchasing a
unit at a foreclosure sale resulting from the association's foreclosure of its lien for
unpaid assessments or from taking title by a deed in lieu of foreclosure; designating
bids for materials, equipment, or services as official records of the association; providing
renters with the right to inspect the association's official records; imposing criminal
penalties for directors or members of boards or associations for knowingly, willfully, and
repeatedly violating laws regarding access to official records; limiting board member
terms to no more than 4 consecutive 2-year terms, unless approved by a 2/3 vote of the
Page 93 of 154
association's total voting interests; requiring the digital posting of specified association
documents for associations with 500 or more units that do not manage timeshares;
removing the board's right to certify or not certify a recall and instead recalled board
members may file a petition for arbitration; imposing minimum standards for arbitrators
and requiring the issuance of arbitration discussions within 30 days of the hearing;
prohibiting an association from employing or contracting with a service provider owned
or operated by a board member, or any person with a financial relationship with a board
member; and imposing criminal penalties for fraudulent voting activities, among other
reforms; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach support
the reforms to Florida's Condominium Act set forth in SB 1682 and HB 1237.
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 support Florida Senate Bill 1682 (SB .1682) and House Bill 1237
(HB 1237) amending Florida's Condominium Act by providing reforms to protect
condominium owners and residents.
PASSED AND ADOPTED this 22nd day of March, 2017.
ATTEST:
Rafael E. Granado, City Clerk
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
FOR EXECUTION
--. -::.•
-5/tv/11-
Dote
F:\ATIO\TURN\RESOS\ Reso Supporting SB 1682 & HB 1237, CondomlnJum Law Reform 2017.doc
Page 94 of 154
Re solutions - C7 E
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Raul J. Aguila, City Attorney
DAT E:March 22, 2017
SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF
MI AMI BEACH, FLORIDA, SUPPORTI NG EFFORTS TO SEEK A COMMI TMENT
FROM FLORI DA POWER & LI GHT TO DI SCONTI NUE THE USE OF THE
COOLI NG CANAL SYSTEM AT THE TURKEY POINT NUCLEAR POWER PLANT
AS SOON AS POSSIBLE.
RECOMMENDATION
Pursuant to the request of Commissioner Michael Grieco, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the March 22, 2017 Commission
meeting.
Legislative Tracking
Of f ice of the City Attorney
Sponsor
Commissioner Michael Grieco
ATTACHMENTS:
Description
Reso re - FPL Discontinue use of Cooling Canal System 2017 F.A. 3.16.2017
Page 95 of 154
RESOLUTION NO. _____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, SUPPORTING
EFFORTS TO SEEK A COMMITMENT FROM FLORIDA
POWER & LIGHT TO DISCONTINUE THE USE OF THE
COOLING CANAL SYSTEM AT THE TURKEY POINT
NUCLEAR POWER PLANT AS SOON AS POSSIBLE.
WHEREAS, the Florida Power & Light (FPL) Turkey Point Nuclear Power Plant,
located in south Miami-Dade County, utilizes a cooling canal system which consists of a
network of approximately 5,900 acres of unlined canals; and
WHEREAS, FPL's Turkey Point Nuclear Power Plant is the only facility in the
world that uses a cooling canal system instead of mechanical draft cooling towers; and
WHEREAS, water from this cooling canal system communicates with the
surrounding groundwater, and long-term monitoring data has shown that a hypersaline
plume of water from the cooling canals has been migrating into and contaminating the
groundwater beyond the boundaries of the cooling canals; and
WHEREAS, FPL has a license from the federal government to operate the
Turkey Point Power Plant units that use the cooling canal system until 2033; and
WHEREAS, Miami-Dade County took action to address this issue, including, but
not limited to, issuing a Notice of Violation in 2015 to FPL for certain water quality
violations in the groundwater and requiring, through an administrative consent
agreement, that FPL take certain remedial actions to retract and contain the hypersaline
ground water plume; and
WHEREAS, at that time, the issues were focused on the westward migration of
the hypersaline groundwater plume from the cooling canals; however, more recent
water quality sampling has detected levels in excess of water quality standards in
certain surface water locations in or connected to Biscayne Bay, adjacent to and east of
the cooling canal system; and
WHEREAS, on May 11, 2016, the Mayor and City Commission of the City of
Miami Beach passed and adopted Resolution No. 2016-29405 regarding FPL's violation
of State water quality standards in the operation of its cooling canal system and urged
the Florida Department of Environmental Protection to take action to protect the
residents of southeast Florida from the hazards of saltwater intrusion into the Biscayne
Aquifer and Biscayne National Park; and
WHEREAS, the Biscayne Aquifer is an important natural resource which supplies
fresh drinking water to millions of South Florida residents and is vital to irrigation and to
Florida's marsh and wetland communities; and
Page 96 of 154
, ' .,
WHEREAS, the Mayor and City Commission of the City of Miami Beach join
Monroe County in seeking a commitment from FPL to discontinue the use of the cooling
canal system in favor of a more modern mechanical draft cooling tower system that
would remove all future interactions with groundwater and make use of Miami-Dade
County's reuse water.
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 support efforts that seek a commitment from FPL to discontinue the
use of the cooling canal system at the Turkey Point Nuclear Power Plant as soon as
possible.
PASSED AND ADOPTED this 22nd day of March, 2017.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
F:\ATIO\TURN\RESOS\Reso re: FPL Discontinue use of Cooling Canal System 2017.doc
Page 97 of 154
Resolutions - C7 F
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Raul J. Aguila, City Attorney
DAT E:March 22, 2017
SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF
MI AMI BEACH, FLORIDA, REQUESTING MIAMI-DADE COUNTY AND THE
UNITED STATES COAST GUARD TO TAKE I MMEDI ATE STEPS, I N THE
INTEREST OF THE PUBLIC HEALTH, SAFETY, AND WELFARE, TO PREVENT
FUTURE MALFUNCTIONS OF THE EAST BASCULE BRIDGE ON THE
VENETIAN CAUSEWAY OR, I N THE ALTERNATIVE, TO PERMANENTLY CLOSE
THE BRIDGE.
RECOMMENDATION
Pursuant to the request of Commissioner Micky Steinberg, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the March 22, 2017 Commission
meeting.
Legislative Tracking
Of f ice of the City Attorney
Sponsor
Commissioner Micky Steinberg
ATTACHMENTS:
Description
Reso Regarding East Bascule Bridge 2017
Page 98 of 154
RESOLUTION NO. _____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, REQUESTING MIAMI-DADE
COUNTY AND THE UNITED STATES COAST GUARD TO TAKE
IMMEDIATE STEPS, IN THE INTEREST OF THE PUBLIC HEALTH,
SAFETY, AND WELFARE, TO PREVENT FUTURE MALFUNCTIONS
OF THE EAST BASCULE BRIDGE ON THE VENETIAN CAUSEWAY OR,
IN THE ALTERNATIVE, TO PERMANENTLY CLOSE THE BRIDGE.
WHEREAS, the Venetian Causeway was constructed in 1927 and consists of 12
bridges, 10 fixed and two bascule bridges, which span the 11 Venetian Islands
connecting mainland Miami with the City of Miami Beach; and
WHEREAS, the East Bascule Bridge on the Venetian Causeway connects Belle
Isle and Riva Alto Island; and
WHEREAS, due to its history of malfunctions, the East Bascule Bridge (Bridge)
was closed during 2016 in order for Miami-Dade County, which owns the Bridge, and
the United States Coast Guard, which operates the Bridge, to repair and upgrade the
Bridge; and
WHEREAS, the Venetian Causeway is the lifeline for the residents on the
Venetian Islands who depend upon the proper functioning of the bridges for ingress and
egress to and from the mainland and Miami Beach to work, to shop, and, in the event of
emergencies, for first responders to provide urgently needed medical care and
assistance; and
WHEREAS, the malfunctioning of the bridges on the Venetian Causeway
negatively impacts the ability of first responders to timely access emergency situations;
and
WHEREAS, the continued malfunctioning of the East Bascule Bridge, despite the
2016 repair work, creates serious safety issues for all who live on and traverse the
Venetian Causeway, and it also negatively affects the welfare and quality-of-life of
residents on the Venetian Islands; and
WHEREAS, even when the East Bascule Bridge is functioning properly, during
periods when the Bridge is open, traffic is at a standstill for an inordinate amount of
time, creating excessive congestion of vehicular, bicycle, and pedestrian traffic in a
concentrated area; and
WHEREAS, safeguards and assurances should be immediately provided by
Miami-Dade County and the United States Coast Guard to address the health, safety,
and quality-of-life issues created by the continued malfunctioning of the East Bascule
Bridge, and if such safeguards cannot be provided, the Bridge should be permanently
Page 99 of 154
closed and only small boats, that do not require an open bridge for passage, should be
permitted to pass under the Bridge.
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 request Miami-Dade County and the United States Coast Guard to
take immediate steps, in the interest of the public health, safety, and welfare, to prevent
future malfunctions of the East Bascule Bridge on the Venetian Causeway or, in the
alternative, to permanently close the Bridge.
PASSED AND ADOPTED this 22nd day of March, 2017.
ATTEST:
Rafael E. Granado, City Clerk
F:\ATTO\TURN\RESOS\Reso Regarding East Bascule Bridge 2017.doc
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION ~a 3-1/,,IL ciAttO:n~ ~ Dote
Page 100 of 154
Re solutions - C7 G
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Jimmy L. Morales, City Manager
DAT E:March 22, 2017
SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF
MI AMI BEACH, FLORIDA, AMENDI NG RESOLUTION NO. 2016-29375 TO
AUTHORIZE THE MAYOR AND CITY COMMISSION, UPON WRITTEN
RECOMMENDATION OF THE CI TY MANAGER, TO WAIVE, BY 5/7TH VOTE,
THE CI TY’S MORATORI UM ON THE PURCHASE BY THE CITY OF GOODS OR
SERVI CES SOURCED IN NORTH CAROLINA AND MISSISSIPPI, WHENEVER
ANY SUCH WAI VER MAY BE REQUIRED FOR FEDERAL, STATE, OR MIAMI -
DADE COUNTY FUNDING ELI GIBILI TY PURPOSES; AND ACCORDINGLY,
WAI VING, BY 5/7TH VOTE, THE REQUIREMENTS OF RESOLUTION NO. 2016-
29375 W I TH RESPECT TO ANY PROJECTS FUNDED BY OR THROUGH THE
FLORIDA DEPARTMENT OF TRANSPORTATION.
RECOMMENDATION
Adopt the resolution.
ANALY SIS
The City of Miami Beach's Human Rights Ordinance declares that "there is no greater danger to
the health, morals, saf ety and welfare of the city and its inhabitants than the existence of
prejudice against one another and antagonistic to each other because of differences of race,
color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and
familial status, age, or disability." Recently, state legislatures across the country have
considered a wave of legislation that threatens the health, saf ety, and welfare and weakens the
civil rights of the lesbian, gay, bisexual, and transgender ("LGBT") community.
On April 13, 2016, the Mayor and City Commission adopted Resolution No. 2016-29375,
condemning invidious and discriminatory legislation adopted by the States of North Carolina and
Mississippi, prohibiting of f icial City travel to North Carolina and Mississippi, and imposing a
moratorium on the purchase by the City of goods or services sourced in North Carolina or
Mississippi, until such discriminatory legislation is either repealed or declared unconstitutional by
a court of law.
However, from time to time, the City applies for Federal, State, or Miami-Dade County f unding to
support a wide range of City projects, and such grants are often contingent on the City's
compliance with the requirements of the grantor agency. The purchasing moratorium set forth in
Page 101 of 154
Resolution No. 2016-29375 may, on occasion, preclude the City f rom eligibility for Federal,
State, or Miami-Dade County f unding. Notwithstanding the City's steadf ast commitment to
equality and nondiscrimination, the item requests that the Mayor and City Commission waive, by
5/7ths vote, of the City's moratorium on the purchase by the City of goods or services sourced
in North Carolina and Mississippi, whenever any such waiver may be required f or Federal, State,
or Miami-Dade County f unding eligibility purposes. Because such waiver is required for the
City's eligibility for Florida Department of Transportation ("FDOT") f unds, the Mayor and City
Commission desire to waive, by 5/7ths vote, the purchasing restrictions set forth in Resolution
No. 2016-29375 with respect to any projects funded by or through FDOT.
CONCLUSION
The City Manager recommends that the Mayor and City Commission adopt the resolution to
waive, by 5/7ths vote, the purchasing restrictions set f orth in Resolution No. 2016-29375
whenever any such waiver may be required for Federal, State, or Miami-Dade County funding
eligibility purposes.
Legislative Tracking
Procurement
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
Resolution
Page 102 of 154
RESOLUTION NO. ------
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING RESOLUTION NO. 2016-29375 TO
AUTHORIZE THE MAYOR AND CITY COMMISSION,
UPON WRITTEN RECOMMENDATION OF THE CITY
MANAGER, TO WAIVE, BY 5/7THS VOTE, THE CITY'S
MORATORIUM ON THE PURCHASE BY THE CITY OF
GOODS OR SERVICES SOURCED IN NORTH CAROLINA
AND MISSISSIPPI, WHENEVER ANY SUCH WAIVER
MAY BE REQUIRED FOR FEDERAL, STATE, OR MIAMI-
DADE COUNTY FUNDING ELIGIBILITY PURPOSES; AND
ACCORDINGLY, WAIVING, BY 5/7THS VOTE, THE
REQUIREMENTS OF RESOLUTION NO. 2016-29375
WITH RESPECT TO ANY PROJECTS FUNDED BY OR
THROUGH THE FLORIDA DEPARTMENT OF
TRANSPORTATION.
WHEREAS, the City of Miami Beach's Human Rights Ordinance declares that
"there is no greater danger to the health, morals, safety and welfare of the city and its
inhabitants than the existence of prejudice against one another and antagonistic to each
other because of differences of race, color, national origin, religion, sex, intersexuality,
gender identity, sexual orientation, marital and familial status, age, or disability"; and
WHEREAS, recently, state legislatures across the country have considered a
wave of legislation that threatens the health, safety, and welfare and weakens the civil
rights of the lesbian, gay, bisexual, and transgender ("LGBT") community; and
WHEREAS, on April 13, 2016, the Mayor and City Commission adopted
Resolution No. 2016-29375, condemning invidious and discriminatory legislation
adopted by the States of North Carolina and Mississippi, prohibiting official City travel to
North Carolina and Mississippi, and imposing a moratorium on the purchase by the City
of goods or services sourced in North Carolina or Mississippi, until such discriminatory
legislation is either repealed or declared unconstitutional by a court of law; and
WHEREAS, from time to time, the City applies for Federal, State, or Miami-Dade
County funding to support a wide range of City projects, and such grants are often
contingent on the City's compliance with the requirements of the grantor agency; and
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WHEREAS, the purchasing moratorium set forth in Resolution No. 2016-29375
may, on occasion, preclude the City from eligibility for Federal, State, or Miami-Dade
County funding; and
WHEREAS, notwithstanding the City's steadfast commitment to equality and
nondiscrimination, the City desires to authorize the Mayor and City Commission to
waive, by 5/7ths vote, the City's moratorium on the purchase by the City of goods or
services sourced in North Carolina and Mississippi, whenever any such waiver may be
required for Federal, State, or Miami-Dade County funding eligibility purposes; and
WHEREAS, because such waiver is required for the City's eligibility for Florida
Department of Transportation ("FOOT") funds, the Mayor and City Commission desire to
waive, by 5/7ths vote, the purchasing restrictions set forth in Resolution No. 2016-29375
with respect to any projects funded by or through FOOT.
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 Resolution No. 2016-29375 to authorize the Mayor and City
Commission, upon written recommendation of the City Manager, to waive, by 5/7ths
vote, the City's moratorium on the purchase by the City of goods or services sourced in
North Carolina and Mississippi, whenever any such waiver may be required for Federal,
State, or Miami-Dade County funding eligibility purposes; and accordingly, waive, by
5/7ths vote, the requirements of Resolution No. 2016-29375 with respect to any projects
funded by or through the Florida Department of Transportation.
PASSED AND ADOPTED this __ day of _____ , 2017.
Attest:
Rafael E. Granado
City Clerk
Philip Levine
Mayor APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION d2J (Ox:J--J-d,-17
City Attorney ~ ¥-Date
F:\ATTO\KALN\RESOLUTIONS\Reso amending 2016-29375 to create 5-?ths waiver.docx
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Ordinance s - R5 A
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Jimmy L. Morales, City Manager
DAT E:March 22, 2017
5:01 p.m. First Reading Public Hearing
SUBJECT:ART DECO / MI MO COMMERCIAL CHARACTER AND FORMULA COMMERCIAL
OVERLAY DI STRICT:
AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF
MI AMI BEACH, FLORIDA, AMENDI NG CHAPTER 114 OF THE CITY CODE,
ENTITLED “GENERAL PROVISIONS,” TO PROVIDE FOR DEFI NITIONS FOR
“CHECK CASHI NG STORE,” “CONVENI ENCE STORE,” “FORMULA
RESTAURANT,” “FORMULA COMMERCIAL ESTABLISHMENTS,” “MARIJUANA
DISPENSARY,” “CANNABIS DI SPENSARY,” “OCCULT SCIENCE
ESTABLISHMENT,” “PHARMACY,” “SOUVENI R AND T-SHIRT SHOP,” “TATTOO
STUDIO,” “MASSAGE THERAPY CENTER,” AND RELATED DEFI NITIONS;
AMENDING CHAPTER 142 OF THE CITY CODE, ENTI TLED “ZONING
DISTRI CTS AND REGULATI ONS,” AT ARTI CLE III, ENTITLED "OVERLAY
DISTRI CTS," TO ESTABLISH DIVI SION 12, ENTITLED “ART DECO / MIMO
COMMERCIAL CHARACTER OVERLAY DISTRI CT,” TO PROVIDE ADDITIONAL
REGULATIONS FOR THE AFOREMENTIONED USES, INCLUDI NG DI STANCE
SEPARATI ON REQUIREMENTS, LIMI TATIONS ON NUMBER OF
ESTABLISHMENTS, AND PROHIBI TI ONS UNDER CERTAI N CI RCUMSTANCES;
PROVI DI NG FOR REPEALER; SEVERABILI TY; CODIFICATION; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission approve the Ordinance at First Reading
and set a Second Reading Public Hearing for April 26, 2017.
ANALY SIS
BACKGROUND
On September 14, 2016, at the request of Commissioner Ricky Arriola, the City Commission
ref erred this item to the Land Use and Development Committee (I tem C4 M). On September
27, 2016, at the request of Commissioner Ricky Arriola, the City Commission adopted a 10-
point plan that recommends a prohibition on formula restaurants and limits on certain types of
retail (I tem R9B).
On September 21, 2016, the Land Use and Development Committee continued the item to the
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October 26, 2016 meeting. On October 26, 2016, the item was continued to a date certain of
November 16, 2016, at the request of the sponsor. On November 16, 2016 the Land Use
Committee discussed the item and recommended that the City Commission ref er the attached
ordinance to the Planning Board for consideration with the following modif ications, which are
included in the attached ordinance:
1. The area adjacent to Washington Avenue was removed from the South Beach overlay area;
2. The definition of Formula Restaurant was modif ied slightly and now consists of no more than
five (5) establishments in operation or with approved development orders in Miami Beach, as
opposed to the previous benchmark of two (2) establishments;
3. The following subsection was deleted from the def inition of Formula Restaurant:
“or (ii) a restaurant where at least some food or beverage orders are communicated by a
customer to an employee over a counter or similar projection and the f ood or beverage that is
ordered is provided to the customer at or over the counter or similar projection.”
On December 14, 2016, the City Commission ref erred the attached ordinance to the Planning
Board for consideration (I tem C4 I).
PLANNING ANALYSIS
The commercial areas of Miami Beach’s historic districts are world renown f or providing unique
experiences to residents and visitors. These include over a century of evolving, highly significant
styles of architecture (including Art Deco and Post-War Modern/MiMo) that are unique to the
area, dining experiences and styles of f ood that are dif f icult to experience outside of South
Florida. Additionally, the retail industry provides goods and services unique to the region.
Collectively, this highly unique mixture of architecture, food & dining and specialized retail have
fostered and maintained a brand unique to Miami Beach. In turn, this unique brand reintroduced
a strong tourism industry in Miami Beach, which is the City’s primary economic engine.
However, in recent years, the character of these areas has been changing with an inf lux of
businesses that are common to many suburban areas of the country. These businesses include
chain (formula) restaurants, chain (formula) retail, check cashing stores, convenience stores,
and pharmacy stores. These types of establishments have multiple locations throughout the
country, as well as standardized identities, logos, color schemes, uniforms, and merchandise.
The prolif eration of such establishments limit, and in some cases eliminate, opportunities for the
unique business that have traditionally been part of the fabric of the historic commercial districts.
This has had a homogenizing effect of on the commercial areas, and has resulted in a decrease
in the diversity of cultural, retail, and dining services unique to the Miami Beach brand.
Over the last four decades, the City’s historic districts have thrived on a careful balance of
cultural, retail, and dining experiences that are not f ound elsewhere in the country. The increased
level of homogeneity has detracted from the uniqueness of the City’s brand. Over the longer
term, this could have a negative ef fect on the City’s economy, since visitors will encounter
similar businesses to those that they see in their home cities, and less of the City’s brand.
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Additionally, certain nuisance uses such as pawnshops, souvenir and t-shirt shops, tattoo
studios, f ortune tellers (occult science establishments), and package liquor stores have also
affected the character of the City’s historic districts in a negative way, as they detract from the
experience that tourists and residents are seeking. Medical marijuana dispensaries have
recently been permitted in the State of Florida, and these may have a similar impact as the
aforementioned uses.
Ocean Drive is of particular concern, due to its importance to the City’s tourism industry, as well
as its unique architecture, sidewalk cafés, and beachfront location. Due to the location,
exposure and successful branding, the homogenizing uses have become highly attractive for
property owners; a number of such uses have already opened on Ocean Drive, with more
seeking to open. I n order to address this concern, the proposed Overlay District prohibits the
previously described uses from opening on properties that f ront Ocean Drive within the district
boundaries.
T HE PROPOSAL
The proposed Ordinance would establish the “Art Deco – MiMo Commercial Character Overlay
District.” The Overlay would generally cover areas of South Beach fronting Ocean Drive and
Collins Avenue between 5th Street and 16th Street. Additionally, the areas of North Beach
fronting Ocean Terrace, Collins Avenue, and Harding Avenue between 73rd Street and 75th
Street are also included.
The following is a summary of the revised provisions included in the ordinance:
• Check Cashing Stores: Such establishments shall be prohibited on lots f ronting Ocean Drive
and in the Ocean Terrace/Harding Townsite Area. In the remaining areas of the Overlay District,
there shall be no more than two such establishments. Such establishments shall be located no
closer than 2,500 feet from any other such establishment.
• Convenience Stores: Such establishments shall be prohibited on lots f ronting Ocean Drive,
and in the Ocean Terrace/Harding Townsite Area, there shall be a limit of one (1) such
e s tab lis hment. I n the remaining areas of the Overlay District there shall be no more than
fivesuch establishments. Such establishments shall be located no closer than 2,500 f eet from
any other such establishment.
• Formula Commercial: Such establishments shall be prohibited on lots fronting Ocean Drive
and Ocean Terrace.
• Formula Restaurants: Such establishments shall be prohibited on lots f ronting Ocean Drive or
Ocean Terrace.
• Marijuana dispensaries: Prohibited in all areas.
• Occult Science Establishments: Prohibited in the overlay district.
• Package liquor stores: Such establishments shall be prohibited on lots in the South Beach Art
Deco Area with an underlying MXE zoning designation and in the Ocean Terrace/Harding
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Townsite Area. I n the remaining areas of the Overlay District there shall be no more than three
such establishments. Such establishments shall be located no closer than 2,500 feet f rom any
other such establishment.
• Pawnshops: Prohibited in all areas.
• Pharmacy stores: Such uses shall be prohibited on lots fronting Ocean Drive. I n the Ocean
Terrace/Harding Townsite Area, there shall be a limit of one (1) such establishment. In the
remaining areas of the Overlay District, there shall be no more than five (5) such establishments.
Such establishments shall be located no closer than 2,500 feet f rom any other such
establishment.
• Souvenir and t-shirt shops: Such establishments shall be prohibited on lots f ronting Ocean
Drive and in the Ocean Terrace/Harding Townsite Area. I n the remaining areas of the Overlay
District there shall be no more than f ive (5) such establishments. Such establishments shall be
located no closer than 2,500 f eet from any other such establishment.
• Tattoo studios: Such uses shall be prohibited on lots fronting Ocean Drive and in the Ocean
Terrace/Harding Townsite Area. In the remaining areas of the Overlay District there shall be no
more than three (3) such establishments.
Additionally, the Overlay would prohibit variances of these regulations. It also establishes
minimum submittal requirements to allow City staf f to ensure compliance with these regulations.
PLANNING BOARD REVIEW
On January 24, 2017, the Planning Board transmitted the proposed Ordinance Amendment to
the City Commission, with a favorable recommendation. The Planning Board also
recommended that the City Commission consider the following modifications to the ordinance:
1) Prohibit Massage Parlors that operate at night within the overlay.
2) Modify the def inition of Convenience store to remove hours of operation and the term
“prepared foods”.
3) I ncrease the number of establishments required for formula restaurants from 100 to 400
establishments.
4) Modify the criteria for f ormula retail establishments to only prohibit establishments with five or
more locations within Miami Beach.
For notice purposes, the attached draf t of the ordinance for first reading includes the
recommendation pertaining to massage parlors (massage therapy centers), as this required a
change to the title, as well as the minor text changes affecting the definition of convenience
s t o r e s . If the City Commission decides not to move f orward with these particular
recommendations, the ordinance can be modif ied for second reading by removing them.
CONCLUSION
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The Administration recommends that the City Commission approve the ordinance at first
reading and set a second reading Public Hearing f or April 26, 2017.
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Description
Ordinance
Ad
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ART DECO / MIMO COMMERCIAL CHARACTER AND FORMULA COMMERCIAL
OVERLAY DISTRICT
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 OF
THE CITY CODE, ENTITLED "GENERAL PROVISIONS," TO PROVIDE
FOR DEFINITIONS FOR "CHECK CASHING STORE," "CONVENIENCE
STORE," "FORMULA RESTAURANT," "FORMULA COMMERCIAL
ESTABLISHMENTS," "MARIJUANA DISPENSARY," "CANNABIS
DISPENSARY," "OCCULT SCIENCE ESTABLISHMENT,"
"PHARMACY," "SOUVENIR AND T-SHIRT SHOP," "TATTOO
STUDIO," "MASSAGE THERAPY CENTER," AND RELATED
DEFINITIONS; AMENDING CHAPTER 142 OF THE CITY CODE,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," AT ARTICLE
III, ENTITLED "OVERLAY DISTRICTS," TO ESTABLISH DIVISION 12,
ENTITLED "ART DECO / MIMO COMMERCIAL CHARACTER
OVERLAY DISTRICT," TO PROVIDE ADDITIONAL REGULATIONS
FOR THE AFOREMENTIONED USES, INCLUDING DISTANCE
SEPARATION REQUIREMENTS, LIMITATIONS ON NUMBER OF
ESTABLISHMENTS, AND PROHIBITIONS UNDER CERTAIN
CIRCUMSTANCES; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, properties fronting Ocean Drive and Collins Avenue that have a zoning
designation of MXE Mixed Use Entertainment are located in the Ocean Drive/Collins Avenue
Historic District, as well as the Miami Beach Architectural National Register Historic District; and
WHEREAS, properties fronting Washington Avenue that have a zoning designation of
CD-2 Commercial Medium Intensity District, are located in the Flamingo Park Historic District
and the Miami Beach Architectural National Register Historic District; and
WHEREAS, Ocean Drive, Collins Avenue, and Washington Avenue are some of the
premier streets in Miami Beach and provide residents and visitors with a unique cultural, retail,
and dining experience and are vital to Miami Beach's economy, especially the tourism industry;
and
WHEREAS, properties fronting Ocean Terrace and Collins Avenue between 73rd and
75th Streets are within the Harding Townsite Historic District and the North Shore National
Register Historic District; and
WHEREAS, properties fronting Harding Avenue between 73`d and 75th Streets are within
North Shore National Register Historic District; and
WHEREAS, the City of Miami Beach has undertaken a master planning process for the
North Beach area that includes the Harding Townsite Historic District and North Shore National
Register District, in order to encourage the revitalization of the area by improving cultural, retail,
and dining experiences for residents and visitors to the area; and
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WHEREAS, formula commercial establishments and formula restaurants are
establishments with multiple locations and standardized features or a recognizable appearance,
where recognition is dependent upon the repetition of the same characteristics of one store in
multiple locations; and
WHEREAS, formula commercial establishments and formula restaurants are increasing
in number along Ocean Drive and within other historic districts; and
WHEREAS, the sameness of formula commercial establishments, while providing clear
branding for retailers, counters the City's Vision Statement which includes creating "A Unique
Urban and Historic Environment"; and
WHEREAS, notwithstanding the marketability of a retailer's goods or services or the
visual attractiveness of the storefront, the standardized architecture, color schemes, decor and
signage of many formula commercial establishments detract from the distinctive character and
aesthetics of the historic districts; and
WHEREAS, the increase of formula commercial establishments hampers the unique
cultural, retail, and dining experience in commercial and mixed-use areas of the City's historic
districts; and
WHEREAS, specifically, the proliferation of formula commercial establishments may
unduly limit or eliminate business establishment opportunities for non-traditional or unique
businesses, thereby decreasing the diversity of cultural, retail, and dining services available to
residents and visitors; and
WHEREAS, the homogenizing effect of formula commercial establishments based on its
reliance on standardized branding, is greater if the size of the establishment, in number of
locations or size of use or branded elements is larger; and
WHEREAS, the increased level of homogeneity detracts from the uniqueness of the
historic districts, which thrive on a high level of interest maintained by a mix of cultural, retail,
and dining experiences that are not found elsewhere in the country; and
WHEREAS, sidewalk cafes are central to the economy of Ocean Drive and enhance the
pedestrian experience and historic and cosmopolitan character of the street; and
WHEREAS, it is not the intent of the City to limit interstate commerce, but rather to
maintain the historic character of neighborhoods and promote their unique cultural, retail, and
dining experiences that are vital to the City's economy; and
WHEREAS, it is the intent of the City that if an establishment that has multiple locations
and standardized features or a recognizable appearance seeks to locate within certain areas
affected by this ordinance that such establishment provide a distinct array of merchandise,
facade, decor, color scheme, uniform apparel, signs, logos, trademarks, and service marks; and
WHEREAS, convenience stores, pharmacy stores and eating establishments have
similar impacts as formula stores; and
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WHEREAS, check cashing stores, pawnshops, souvenir and t-shirt shops, tattoo
studios, fortune tellers (occult science establishments), massage therapy center, and package
liquor stores are uses which negatively affect surrounding areas; and
WHEREAS, it is the intent of the City to limit the number of establishments which may
negatively affect surrounding areas; and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified herein.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 114 of the City Code, entitled "General Provisions," is hereby amended
as follows:
CHAPTER 114
GENERAL PROVISIONS
Sec. 114-1. Definitions.
The following words, terms and phrases when used in this subpart B, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Check cashing store means a business which cashes checks or exchanges currency on
a regular basis for a fee. This definition does not include banks, which may cash checks in
addition to providing other financial services such as, but not limited to, money savings accounts
loan services, and checking accounts.
Convenience store means a retail store with direct access from the street or sidewalk
containing less than 6,000 square feet of floor area that is designed and stocked to sell primarily
food (packaged), beverages, newspapers, magazines, and other household supplies to
customers who generally purchase a relatively few number of items (in contrast to a "grocery
store" or "super market"). It is designed to attract and depends upon a large turnover of
customers.
Establishment, as used in the definitions of Formula restaurant and Formula commercial
establishment, means a place of business with a specific store name or specific brand.
Establishment refers to the named store or brand and not to the owner or manager of the store
or brand. As an example, if a clothing store company owns four (4) brands under its ownership
umbrella and each branded store has 10 locations the term "Establishment" would refer only to
those stores that have the same name or brand.
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Formula restaurant means (i) a restaurant with 100 or more establishments in operation
or with approved development orders in the United States or a restaurant with more than five (5)
establishments in operation or with approved development orders in Miami Beach. With respect
to the preceding sentence, in addition to the numerical thresholds the establishments maintain
two (2) or more of the following features: a standardized (formula) array of merchandise' a
standardized facade; a standardized decor or color scheme: uniform apparel for service
providers, food, beverages or uniforms; standardized signs, logos, trademarks or service marks.
For the purpose of this definition, the following shall apply:
(1) Standardized (formula) array of merchandise or food means that 50 percent or more of
in-stock merchandise or food is from a single distributor and bears uniform markings.
(2) Trademark means any word name, symbol, or device, or any combination thereof, used
by a person to identify and distinguish the goods of such person, including a unique
product, from those manufactured or sold by others, and to indicate the source of the
goods, even if the source is unknown. A trademark may be registered with the U.S.
Patent and Trademark Office and/or the Florida Department of State. However an
unregistered trademark may also be protected under common law.
(3) Service mark means any word, name, symbol, or device, or any combination thereof
used by a person to identify and distinguish the services of such person, including a
unique service, from the services of others, and to indicate the source of the services
even if that source is unknown. Titles, character names, and other distinctive features of
radio or television programs may be registered as service marks notwithstanding that the
person or the programs may advertise the goods of the sponsor. A service mark may be
registered with the U.S. Patent and Trademark Office and/or the Florida Department of
State. However, an unregistered service mark may also be protected under common
law.
(4) Decor means the style of interior or exterior furnishings, which may include but is not
limited to, style of furniture, wall coverings or permanent fixtures.
(5) Color scheme means the selection of colors used throughout, such as on the
furnishings, permanent fixtures, and wall coverings, or as used on the facade.
(6) Facade means a face (usually the front) of a building, including awnings, that looks onto
a street or an open space.
(7) Uniform food, beverages or apparel/uniforms means standardized items of clothing
including but not limited to standardized aprons, pants, shirts, smocks or dresses hats
and pins (other than name tags) as well as standardized colors of clothing, food or
beverages listed on the menus of such establishments or standardized uniforms worn by
employees.
Formula commercial establishment means a commercial use, excluding office,
restaurant and hotel use that has ten (10) or more retail sales establishments in operation or
with approved development orders in the United States of America; provided however for
those businesses located in a building that is two (2) stories or less with frontage on Ocean
Drive, formula commercial establishment means a commercial use excluding office, restaurant
Page 113 of 154
and hotel, which has five (5) or more other establishments in operation or with approved
development orders in Miami Beach. In addition to meeting or exceeding the numerical
thresholds in the preceding sentence, the definition of formula commercial establishment also
means an establishment that maintains two or more of the following features: a standardized
(formula) array of merchandise; a standardized facade; a standardized decor or color scheme;
uniform apparel; standardized signs, logos, trademarks or service marks. For the purpose of
this definition, the following shall apply:
(1) Standardized (formula) array of merchandise means that 50 percent or more of in-stock
merchandise is from a single distributor and bears uniform markings.
(2) Trademark means any word, name, symbol, or device, or any combination thereof used
by a person to identify and distinguish the goods of such person, including a unique
product, from those manufactured or sold by others, and to indicate the source of the
goods, even if the source is unknown. A trademark may be registered with the U.S.
Patent and Trademark Office and/or the Florida Department of State. However, an
unregistered trademark may also be protected under common law.
(3) Service mark means any word, name, symbol, or device, or any combination thereof,
used by a person to identify and distinguish the services of such person, including a
unique service, from the services of others, and to indicate the source of the services,
even if that source is unknown. Titles, character names, and other distinctive features of
radio or television programs may be registered as service marks notwithstanding that the
person or the programs may advertise the goods of the sponsor. A service mark may be
registered with the U.S. Patent and Trademark Office and/or the Florida Department of
State. However, an unregistered service mark may also be protected under common
law.
(4) Decor means the style of interior or exterior furnishings, which may include but is not
limited to, style of furniture, wall coverings or permanent fixtures.
(5) Color scheme means the selection of colors used throughout, such as on the
furnishings, permanent fixtures, and wall coverings, or as used on the facade.
(6) Facade means a face (usually the front) of a building, including awnings, that looks onto
a street or an open space.
(7) Uniform apparel means standardized items of clothing including but not limited to
standardized aprons, pants, shirts, smocks or dresses, hats, and pins (other than name
tags) as well as standardized colors of clothing.
Grocery store means a retail store with direct access from the street or sidewalk
containing 6,000 or more square feet of floor area that primarily sells food, including canned and
frozen foods, fresh fruits and vegetables, and fresh (raw) and prepared meats, fish, and poultry.
Page 114 of 154
Marijuana dispensary or Cannabis dispensary means a building, structure, or other
facility where marijuana or cannabis, inclusive of medical cannabis, and cannabis delivery
devices, are dispensed at retail.
center means an establishment that offers, sells, or provides
manipulations of the tissues or other tactile stimulation of the human body with the hand, foot,
afrajfig,_elbCSI,a wh_ether or not aided by any electrical or mechanical . - -i• O. t - is t • o le Li- s- a• • -•.'ca 01 o Ch - s
oils
Occult science establishment shall mean an establishment engaged in the occupation of
a fortune teller, palmist, astrologist, numerologist, clairvoyant, craniologist, phrenologist, card
reader spiritual reader, tea leaf reader, prophet, psychic or advisor or who in any other manner
claims or pretends to tell fortunes, or claims or pretends to disclose mental faculties of
individuals for any form of compensation. Nothing contained herein shall be construed to apply
to a person pretending to act as a fortune teller in a properly licensed theater as part of any
show or exhibition presented therein or as part of any play, exhibition, fair or show presented or
offered in aide of any benevolent, charitable or educational purpose.
Pharmacy store means a store with direct access from the street or sidewalk containing
a minimum of 3,500 square feet, where medicinal drugs requiring a prescription from a qualified
medical professional are dispensed and sold and that operates at a minimum between the
hours of 9:00 AM and 10:00 PM and is also designed and stocked to sell health and wellness
products, food (packaged and/or prepared), beverages, newspapers, magazines, and other
household supplies to customers who generally purchase relatively few number of items (in
contrast to a "grocery store" or "super market").
Souvenirs are items, exclusive of books, magazines or maps, which serve as a token of
remembrance of Miami Beach or any geographic areas in Florida and which bear the name of
the City or geographic areas or streets thereof or of events associated with Miami Beach or
South Florida.
Souvenir and t-shirt shop means any business with direct access from the street or
sidewalk in which the retail sale of T-shirts or souvenirs or both is conducted as a principal use
of the business, or together with some other business activity, but which constitutes the primary,
or is the major attraction to the business.
II. .1" -IP
Supermarket (See "Grocery store.")
Page 115 of 154
Tattoo studio means any establishment, place of business, or location, other than a
licensed medical facility, an office or clinic of a licensed medical professional, or a duly licensed
beauty shop or barber shop, wherein adornment of any part of the human body or head,
whether artistic, cosmetic or otherwise, is practiced through the use of needles, scalpels, or any
other instruments designed to touch, penetrate or puncture the skin for purposes of: (1) inserting,
attaching or suspending jewelry, decorations or other foreign objects; (2) producing an indelible
mark or figure on the human body or face by scarring skin or flesh; (3) producing an indelible
mark or figure on the human body or face by inserting a pigment under or upon the skin; or (4)
permanently changing the color or other appearance of the skin. This term shall not, however,
include piercing an ear with a disposable, single-use stud or solid needle that is applied using a
mechanical device to force the needle or stud through the ear.
T-shirt is any garment or article of clothing which has no collar, including, but not limited
to T-shirts, sweat shirts, tank tops, shirts or scrub shirts, which are designed or intended
generally to be worn on or over the chest and containing any communicative verbiage, graphics,
or images imprinted or to be imprinted on the garment or article of clothing, exclusive of a
garment manufacturer's mark or logo, exclusive of decorative words and information woven or
dyed in the fabric by the manufacturer of the fabric, exclusive of hand stitched, needle work or
embroidery exclusive of tie-dye garments, and exclusive of hand painted or air-brushed
garments that contain no communicative verbiage, graphics or images.
Section 2. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," at Article
Ill, entitled "Overlay Districts," is hereby amended as follows:
DIVISION 12 — ART DECO / MIMO COMMERCIAL CHARACTER OVERLAY DISTRICT
Sec. 142-870.10. — Location and purpose.
(a) There is hereby created the Art Deco / Mimo Commercial Character Overlay District (the
"Overlay District"). The Overlay District consists of the properties in the South Beach Art
Deco Area identified in the map below in this subsection (a) and the properties identified
in the Ocean Terrace / Harding Townsite Area described in subsection (b) below. The
South Beach Art Deco Area is generally located east of the western lot lines of properties
fronting the west side of Collins Avenue between 5th Street to the south and 16th street to
the north and west of the ocean:
Page 116 of 154
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generally located between Harding Avenue to the west and Ocean Terrace to the east
between 73rd and 75th Streets:
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Page 117 of 154
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fel The purpose of this Overlay District is to limit the proliferation of uses which may diminish
the character of historic commercial areas within the City. This Overlay District is
designed based on and intended to achieve the following facts and intents:
1. Properties fronting Ocean Drive and Collins Avenue that have a zoning designation
of MXE Mixed Use Entertainment are located in the Ocean Drive/Collins Avenue
Historic District, as well as the Miami Beach Architectural National Register Historic
District:
2. Properties fronting Washington Avenue that have a zoning designation of CD-2
Commercial Medium Intensity District, are located in the Flamingo Park Historic
District and the Miami Beach Architectural National Register Historic District
3. Ocean Drive, Collins Avenue, and Washington Avenue are some of the premier
streets in Miami Beach and provide residents and visitors with a unique cultural
retail, and dining experience and are vital to Miami Beach's economy, especially the
tourism industry;
4. Properties fronting Ocean Terrace and Collins Avenue between 73rd and 75th Streets
are within the Harding Townsite Historic District and the North Shore National
Register Historic District;
5. Properties fronting Harding Avenue between 73rd and 75th Streets are within North
Shore National Register Historic District; and
6. The City of Miami Beach has undertaken a master planning process for the North
Beach area that includes the Harding Townsite Historic District and North Shore
National Register District, in order to encourage the revitalization of the area by
improving cultural, retail, and dining experiences for residents and visitors to the
area:
Page 118 of 154
7. Formula commercial establishments and formula restaurants are establishments with
multiple locations and standardized features or a recognizable appearance where
recognition is dependent upon the repetition of the same characteristics of one store
in multiple locations;
8. Formula commercial establishments and formula restaurants are increasing in
number along Ocean Drive and within other historic districts;
9. The sameness of formula commercial establishments, while providing clear branding
for retailers, counters the City's Vision Statement which includes creating "A Unique
Urban and Historic Environment";
10. Notwithstanding the marketability of a retailer's goods or services or the visual
attractiveness of the storefront, the standardized architecture, color schemes decor
and signage of many formula commercial establishments detract from the distinctive
character and aesthetics of the historic districts; and
11. The increase of formula commercial establishments hampers the unique cultural
retail and dining experience in commercial and mixed-use areas of the City's historic
districts' and
12. Specifically, the proliferation of formula commercial establishments may unduly limit
or eliminate business establishment opportunities for non-traditional or unique
businesses, thereby decreasing the diversity of cultural, retail, and dining services
available to residents and visitors; and
13. The homogenizing effect of formula commercial establishments based on its reliance
on standardized branding, is greater if the size of the establishment, in number of
locations or size of use or branded elements is larger;
14. The increased level of homogeneity detracts from the uniqueness of the historic
districts, which thrive on a high level of interest maintained by a mix of cultural retail
and dining experiences that are not found elsewhere in the country.
15. Sidewalk cafes are central to the economy of Ocean Drive and enhance the
pedestrian experience and historic and cosmopolitan character of the street'
16. It is not the intent of the City to limit interstate commerce, but rather to maintain the
historic character of neighborhoods and promote their unique cultural, retail and
dining experiences that are vital to the City's economy;
17. It is the intent of the City that if an establishment that has multiple locations and
standardized features or a recognizable appearance seeks to locate within certain
areas affected by this ordinance that such establishment provide a distinct array of
merchandise, facade, decor color scheme, uniform apparel, signs, logos,
trademarks, and service marks;
18. Convenience stores, pharmacy stores and eating establishments have similar
impacts as formula stores*,
Page 119 of 154
19. Check cashing stores, pawnshops, souvenir and t-shirt shops, tattoo studios, fortune
tellers (occult science establishments), massage therapy center, and package liquor
stores are uses which negatively affect surrounding areas; and
20. It is the intent of the City to limit the number of establishments which may negatively
affect surrounding areas.
Sec. 142-870.11. — Compliance with regulations.
The following regulations shall apply to the Overlay District. There shall be no variances
allowed from these regulations. All development regulations in the underlying zoning district
and any other applicable overlay regulations shall apply, except as follows:
(a) The following limitations shall apply to the commercial uses listed below:
(1) Check cashing stores shall comply with the following regulations:
a. Such establishments shall be prohibited on lots fronting Ocean Drive and in the
Ocean Terrace/Harding Townsite Area.
b. In areas of the Overlay District not included in subsection a. above, there shall be no
more than two (2) such establishments. Such establishments shall be located no
closer than 2 500 feet from any other such establishment.
(2) Convenience stores shall comply with the following regulations:
a. Such establishments shall be prohibited on lots fronting Ocean Drive.
b. In the Ocean Terrace/Harding Townsite Area, there shall be a limit of one (1) such
establishment.
c. In areas of the Overlay District not included in subsection a. and b. above, there shall
be no more than five (5) such establishments. Such establishments shall be located
no closer than 2,500 feet from any other such establishment.
1_3_1 Formula commercial establishments shall comply with the following regulations:
a. Such establishments shall be prohibited on lots fronting Ocean Drive and Ocean
Terrace.
b. This subsection shall not apply to any establishments in the South Beach Art Deco
Area other than establishments fronting Ocean Drive nor to any establishment in the
Ocean Terrace/Harding Townsite Area other than Ocean Terrace.
(4) Formula restaurants shall comply with the following regulations:
a. Such establishments shall be prohibited on lots fronting Ocean Drive and Ocean
Terrace.
Page 120 of 154
b. This subsection shall not apply to any establishments in the South Beach Art Deco
Area other than establishments fronting Ocean Drive nor to any establishment in the
Ocean Terrace/Harding Townsite Area, other than Ocean Terrace.
.(51 Massagatheraocentersthal
District,
f Marihuana dispensaries shall be prohibited in the Overlay District.
(7) Occult science establishments shall be prohibited in the Overlay District.
(8) Package stores shall comply with the following regulations:
a. Such establishments shall be prohibited on lots in the South Beach Art Deco Area
with an underlying MXE zoning designation and in the Ocean Terrace/Harding
Townsite Area.
b. In areas of the Overlay District not included in subsection a. above, there shall be no
more than three (3) such establishments. Such establishments shall be located no
closer than 2,500 feet from any other such establishment.
a. Pawnshops shall be prohibited in the Overlay District.
(10) Pharmacy stores shall comply with the following regulations:
a. Such uses shall be prohibited on lots fronting Ocean Drive.
b. In the Ocean Terrace/Harding Townsite Area, there shall be a limit of one (1) such
establishment.
c. In areas of the overlay district not included in subsection a. and b. above, there shall
be no more than five (5) such establishments. Such establishments shall be located
no closer than 2,500 feet from any other such establishment.
(11) Souvenir and t-shirt shops shall comply with the following regulations:
a. Such establishments shall be prohibited on lots fronting Ocean Drive and in the
Ocean Terrace/Harding Townsite Area.
b. In areas of the overlay district not included in subsection a. above, there shall be
no more than five (5) such establishments. Such establishments shall be located
no closer than 2,500 feet from any other such establishment.
(12) Tattoo studios shall comply with the following regulations:
a. Such uses shall be prohibited on lots fronting Ocean Drive and in the Ocean
Terrace/Harding Townsite Area.
b. In areas of the overlay district not included in subsection a. above, there shall be
no more than three (3) such establishments.
Page 121 of 154
,e'rer,7MIR
(b) Review procedures.
(1) Commercial establishments in the Overlay District that are not identified in section 142-
870.11. (a) shall comply with the following regulations:
a. A signed affidavit indicating that they are not an establishment that is regulated by
section 142-870.11. (a) shall be provided to the city as part of the application for
obtaining a business tax receipt and building permit, as applicable.
b. If the establishment is found not to be in compliance with the applicable requirements
of the signed affidavit, the business tax receipt will be revoked and the establishment
shall immediately cease operation.
21 Commercial establishments in the Overlay District that are identified in section 142-
870.11. (a) shall comply with the following regulations:
a. If applicable, the applicant shall provide a signed and sealed survey dated not older
than six (6) months, indicating the number, location, name, business tax receipt
numbers, and separation of the applicable type of establishments within the Overlay
District. Distance separation shall be measured as a straight line between the
principal means of entrance of each establishment and the proposed establishment.
b. Establishments existing as of the date of the enactment of this ordinance shall count
towards the maximum number of such establishments permitted within section 142-
870.11(a).
c. A signed affidavit indicating compliance with the regulations of section 142-870.11(a)
for the applicable type of establishment shall be provided prior to obtaining a
business tax receipt.
d. If the establishment is found not to be in compliance with the applicable requirements
of the signed affidavit, the business tax receipt will be revoked and the establishment
shall immediately cease operation.
e. If a particular establishment meets more than one definition (i.e., formula commercial
establishment and pharmacy store), it must meet the requirements for each use, and
if there is a conflict, the more stringent code requirement prevails.
SECTION 3. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 4. Codification.
It is the intention of the City Commission, 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 as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
Page 122 of 154
APPROVED AS TO
FORM AND LANGUAGE
& FOSZEXECUTI N
City Attoryfey Date
SECTION 5. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of , 2017.
Philip Levine
Mayor
ATTEST:
Rafael E. Granado
City Clerk
First Reading: March 1, 2017
Second Reading: April 26, 2017
Verified by:
Thomas R. Mooney, AICP
Planning Director
T:V\GENDA\2017\3 - March\PlanningWormula Commercial - Art Deco - MiMo Overlay District - First Reading
ORD.docx
Page 123 of 154
THIIRStA9 MARCH 92017
MIAN1HfULRCOM NEIGHBORS 15NE
MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
ORDINANCE AMENDING CODE
PERTAINING TO
FORMULA COMMERCIAL ART DECO /
MIMO OVERLAY DISTRICT
March 22, 2017
NOTICE IS HEREBY given that a First Reading / Public Hearing will be heard by the Mayor and City
Commission of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall,
1700 Convention Center Drive, Miami Beach, Florida, on March 22, 2017 at 5:01 p.m. or as soon
thereafter as the matter can be heard, to consider:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED "GENERAL PROVISIONS,"
TO PROVIDE FOR DEFINITIONS FOR "CHECK CASHING STORE," "CONVENIENCE STORE,"
FORMULA RESTAURANT," "FORMULA COMMERCIAL ESTABLISHMENTS," "MARIJUANA
DISPENSARY," "CANNABIS DISPENSARY," "OCCULT SCIENCE ESTABLISHMENT," "PHARMACY,"
SOUVENIR AND T -SHIRT SHOP," "TATTOO STUDIO," "MASSAGE THERAPY CENTER," AND
RELATED DEFINITIONS; AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," AT ARTICLE III, ENTITLED "OVERLAY DISTRICTS," TO ESTABLISH
DIVISION 12, ENTITLED "ART DECO / MIMO COMMERCIAL CHARACTER OVERLAY DISTRICT,"
TO PROVIDE ADDITIONAL REGULATIONS FOR THE AFOREMENTIONED USES, INCLUDING
DISTANCE SEPARATION REQUIREMENTS, LIMITATIONS ON NUMBER OF ESTABLISHMENTS, AND
PROHIBITIONS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
This Ordinance is being heard pursuant to Section 116 -164 of the City's Land Development Code;
Section 2.05 of the City Charter and §166.041 F.S. Inquiries may be directed to the Planning
Department at 305.673.7550
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to
express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention
Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This item is available for public
inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive,
1st Floor, City Hall, Miami Beach, Florida 33139. This item may be continued, and under such
circumstances, additional legal notice need not be provided.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides
to appeal any decision made by the City Commission with respect to any matter considered at its
meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This notice
does not constitute consent by the City for the introduction or admission of otherwise inadmissible
or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in alternate format, sign language interpreter (five -day notice required),
information on access for persons with disabilities, and /or any accommodation to review any
document or participate in any City- sponsored proceedings, call 305.604.2489 and select 1 for
English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service).
Members of the public may present audio /visual (AV) materials relating to Agenda Items at City
Commission meetings held in the Commission Chamber by utilizing the City's AV equipment,
provided that materials are submitted to the Department of Marketing and Communications by 8:30
A.M., one (1) business day prior to the meeting. Advance submittal of a presentation will allow the
Communications Department to plan for the use of the appropriate AV equipment. AV materials may
be submitted via email at communications @miamibeachil.gov; or hand delivered in a jump drive,
CD or DVD to: Attention: Department of Marketing and Communications, 1701 Meridian Avenue,
Fifth Floor, Miami Beach, FL 33139. Presentations, videos or links must include a label noting the
name or group, contact person, daytime telephone number, email address, description /title of the
presentation and Agenda Item Title as well as the Agenda Item number. Acceptable formats for
electronic submission are .pdf, .ppt, .pptx, .pps, .ppsx, .wmv, .avi and .mov. (Note that .pdi is the
preferred format for PowerPoint presentations.)
Ad 1290
Rafael E. Granado, City Clerk
City of Miami Beach
Page 124 of 154
Ordinance s - R5 B
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Raul J. Aguila, City Attorney
DAT E:March 22, 2017
First Reading
SUBJECT:AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF
MI AMI BEACH, FLORI DA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY
OF MI AMI BEACH, ENTI TLED “ALCOHOLI C BEVERAGES,” ARTICLE I,
ENTITLED “IN GENERAL,” SECTI ON 6-3 THEREOF, ENTI TLED “HOURS OF
SALE,” TO PROHI BIT PACKAGE LIQUOR SALES BEFORE 8:00 A.M. EACH DAY
AT RETAIL STORES (INCLUDI NG PACKAGE, GROCERY, CONVENIENCE, AND
ANY OTHER RETAIL STORES, AS W ELL AS GASOLI NE STATIONS/SERVICE
STATIONS) AND ALCOHOLIC BEVERAGE ESTABLISHMENTS; AND
PROVI DI NG FOR REPEALER, SEVERABI LITY, CODIFICATI ON, AND AN
EFFECTIVE DATE.
ANALY SIS
The attached Ordinance, sponsored by Commissioner Joy Malakof f , is hereby submitted for
consideration by the Mayor and City Commission.
On November 9, 2016, the Mayor and City Commission adopted Ordinance No. 2016-4058,
which prohibited package liquor sales at retail stores (including package, grocery, convenience,
and any other retail stores, as well as gasoline stations/service stations) and alcoholic beverage
establishments bef ore 10:00 a.m. (instead of 8:00 a.m.) each day.
On March 1, 2017, the City Commission reviewed a prior version of this Ordinance, which
proposed to prohibit package liquor sales before 9:00 a.m. However, following a discussion on
the item, the City Commission directed staff to revise the proposed Ordinance to prohibit
package liquor sales bef ore 8:00 a.m., and scheduled a first reading for such Ordinance on
March 22, 2017.
The attached Ordinance amends City Code Section 6-3 to prohibit package liquor sales before
8:00 a.m. (instead of 10:00 a.m.) each day at retail stores (including package, grocery, convenience,
and any other retail stores, as well as gasoline stations/service stations) and alcoholic beverage
establishments.
Page 125 of 154
Legislative Tracking
Of f ice of the City Attorney
Sponsor
Commissioner Joy Malakof f and Co-sponsored by Commissioner Ricky Arriola
ATTACHMENTS:
Description
Chapter 6 - Alcoholic Beverages Sec 6-3 Hours of Sale 8 AM 1st Reading F.A. 3.7.2017
Page 126 of 154
CHAPTER 6 -ALCOHOLIC BEVERAGES
ORDINANCE NO.-------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ALCOHOLIC
BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-3
THEREOF, ENTITLED "HOURS OF SALE," TO PROHIBIT PACKAGE
LIQUOR SALES BEFORE 8:00 A.M. EACH DAY AT RETAIL STORES
(INCLUDING PACKAGE, GROCERY, CONVENIENCE, AND ANY
OTHER RETAIL STORES, AS WELL AS GASOLINE
STATIONS/SERVICE STATIONS) AND ALCOHOLIC BEVERAGE
ESTABLISHMENTS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") regulates the location, size, hours of
operation, and minimum patron age for uses that permit the sale and consumption of alcoholic
beverages in Chapter 6 of the City Code, entitled "Alcoholic Beverages"; and
WHEREAS, on November 9, 2016, the Mayor and City Commission adopted Ordinance
No. 2016-4058, which prohibited package liquor sales at retail stores (including package,
grocery, convenience, and any other retail stores, as well as gasoline stations/service stations)
and alcoholic beverage establishments before 1 O:OO a.m. (instead of 8:00 a.m.) each day; and
WHEREAS, since the enactment of Ordinance No. 2016-4058, the Mayor and City
Commission have determined that it is in the best interest of the City, and it serves the health,
safety, and welfare of the City's residents and visitors, to prohibit package liquor sales at retail
stores (including package, grocery, convenience, and any other retail stores, as well as gasoline
service/filling stations) and alcoholic beverage establishments before 8:00 a.m. (instead of
1 O:OO a.m.) each day; and
WHEREAS, this Ordinance strikes a balance between (i) the public safety concerns
associated with the sale of alcoholic beverages, on the one hand, and (ii) the convenience of
the City's residents and visitors who desire to purchase alcoholic beverages, as well as the
economic vitality of the City's retail stores, on the other hand; and
WHEREAS, State law expressly grants the City the authority to establish its own
regulations for the time for sale of alcoholic or intoxicating beverages; and
WHEREAS, pursuant to Section 562.14, Florida Statutes, a municipality may, by
ordinance, establish hours of sale for alcoholic beverages; and
WHEREAS, Florida courts have rejected equal protection and due process challenges to
Section 562.14, Florida Statutes (See Wednesday Night, Inc. v. City of Fort Lauderdale (Fla.
1973)); and
WHEREAS, Florida Courts have determined that it is within the police power and
authority for a municipality to change the hours of regulation of alcoholic beverages, because
municipalities have the statutory authority under Section 562.14, Florida Statutes, to restrict the
1
Page 127 of 154
sale of alcohol; additionally, a munidpal ordinance regulating the hours of sale of alcoholic
beverages may be applied to a property incorporated later into the municipality by annexation.
Village of North Palm Beach v. S & H Foster's, Inc., 80 So. 3d 433 (Fla. 4th DCA 2012); and
WHEREAS, in Stale ex rel. Floyd v. Noel (Fla. 1936), the Florida Supreme Court
recognized that "[i]t is so well settled that no citation of authority is required to support the
statement that a municipality exercising the powers inherent in municipal corporations may
reasonably regulate the sale of intoxicating liquors and in providing such reasonable regulations
may prohibit the sale of such liquors within certain hours, and also may prohibit the sale of
liquors within certain zones"; and
WHEREAS, the Florida Attorney General has opined that a municipality may regulate (1)
the hours of sale, (2) zoning of locations in which alcoholic beverages may be sold, and (3) the
sanitary conditions under which alcoholic beverages may be dispensed or served to the public.
Florida AGO 059-73 (1959); and
WHEREAS, in fact, the Florida Attorney General has opined that different hours may be
provided for in a municipal ordinance, provided there is reasonable relation to the health, safety,
and morals of the community. Op. Att'y Gen. Fla., p. 497 (1950); and
WHEREAS, Florida courts have consistently held that alcoholic beverage
establishments are not entitled to grandfather status as to hours of sale for alcoholic beverages
(See Village of North Palm Beach v. S & H Foster's, Inc. (Fla. 4th DCA 2012); Other Place of
Miami, Inc. v. City of Hialeah Gardens (Fla. 3d DCA 1978)); and
WHEREAS, injunctive relief is not available against the enforcement of a municipal
ordinance regulating the time at which alcoholic beverages may be sold, because municipalities
have the statutory authority to set times for sale of alcoholic beverages. Id.; Playpen S., Inc. v.
City of Oakland Park, 396 So. 2d 830 (Fla. 4th DCA 1981 ); and
WHEREAS, Florida Courts have ruled that hours of operation are not a property right. S.
Daytona Rests., Inc. v. City of S. Daytona, 186 So. 2d 78 (Fla. 1st DCA 1966); and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 6-3, entitled "Hours of Sale," of Article I, of Chapter 6, of the City
Code of the City of Miami Beach is hereby amended as follows:
CHAPTER 6
ALCOHOLIC BEVERAGES
ARTICLE L In General
* * *
2
Page 128 of 154
Sec. 6-3. Hours of sale/violations.
(a) The hours of sale of alcoholic beverages, whether as a permitted main or accessory use,
shall require a State License, and shall be according to the following schedule:
(1) Retail stores for package sales only-Off-premises consumption. Vendors may make
sales of alcohol only for off-premises consumption between the hours of 1 O:OO a.m.
8:00 a.m. and midnight.
(2) Retail stores, including grocery, convenience stores, and gasoline service/filling
stations. Retail stores, including grocery, convenience stores, and gasoline
service/filling stations, which primarily offer for sale products other than alcoholic
beverages may only make sales of beer and wine only for off-premises consumption
between the hours of 1 O:OO a.m. 8:00 a.m. and midnight.
(3) Alcoholic beverage establishments. All alcoholic beverage establishments with state
licensure-On-premises consumption only, may make sales of alcohol between the
hours of 8:00 a.m. and 5:00 a.m.
(a) Restaurants not operating as dance halls or enterlainment establishments.
Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic
beverage establishments, but not operating as dance halls or entertainment
establishments, may remain open 24 hours a day; however, alcoholic beverages
may not be offered for sale or on-premises consumption between the hours of 5:00
a.m. and 8:00 a.m.
(b) Restaurants also operating as dance halls or enterlainment establishments.
Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic
beverage establishments, and also operating as dance halls, or entertainment
establishments, may remain open 24 hours a day; however, alcoholic beverages
may not be offered for sale or on-premises consumption between the hours of 5:00
a.m. and 8:00 a.m., and dancing and entertainment shall not be conducted
between the hours of 5:00 a.m. and 1 O:OO a.m.
(c) Other alcoholic beverage establishments. Other alcoholic beverage
establishments, not containing restaurants with full kitchen facilities, shall close at
5:00 a.m. and remain closed. No patron or other persons, other than those
employed by the vendor may remain on the premises between the hours of 5:00
a.m. and 8:00 a.m.
(d) Sidewalk cafes. Notwithstanding the provisions of subsections (3)(a) through (c),
alcoholic beverages shall not be offered for sale or consumption at sidewalk cafes,
as defined in section 82-366 of this Code and as otherwise permitted by the City in
accordance with chapter 82, article IV, division 5, subdivision II of this Code (as
may be amended from time to time), between the hours of 1 :30 a.m. and 8:00
a.m., and shall not be consumed at sidewalk cafes between the hours of 2:00 a.m.
and 8:00 a.m. No variances may be granted from the provisions of this section 6-
3(3)(d) as to the hours of sale or consumption of alcoholic beverages at sidewalk
cafes.
Note: For purposes of this section, full kitchen facilities shall mean having commercial
grade burners, ovens, and refrigeration units of sufficient size and quantity to
accommodate the occupancy content of the establishment. Full kitchen facilities must
contain grease trap interceptors, and meet all applicable city, county, and state codes.
3
Page 129 of 154
(4) Off-premises package safes by alcoholic beverage establishments. Off-premises
package sales associated with alcoholic beverage establishments other than retail
stores shall be permitted between the hours of 10:00 a.m. 8:00 a.m. and midnight.
(5) Private clubs. Consideration of a request for a private club conditional use permit,
including the hours of operation, shall be pursuant to the conditional use Procedures
and Review Guidelines as listed in section 118-191, et seq. A private club, either as a
permitted main or accessory use, shall only offer alcoholic beverages for sale or on-
premises consumption if the private club, in accordance with section 6-2(a), secures a
license for the distribution or sale of any alcoholic beverages from the division of
alcoholic beverages and tobacco of the department of business and professional
regulation of the state. Private clubs licensed as alcoholic beverage establishments,
either as permitted main or accessory uses, shall, only offer alcoholic beverages for
sale or on-premises consumption between the hours of 8:00 a.m. and 5:00 a.m., on
any day of the week, provided that service is made only to members and guests of
members pursuant to Florida Statutes. However, any private club permitted to remain
open after 2:00 a.m. shall purchase an extra-hours license and must provide for
security in its premises by hiring private security guards or off-duty police officers
between the hours of 2:00 a.m. and 5:00 a.m. each day.
Private clubs securing a license from the state division of alcoholic beverages and
tobacco by complying with the requirements of F.S. § 561.20 for racquetball, tennis, or
golf course facilities may admit members at any time for use of such facilities, but may
not serve alcoholic beverages after 2:00 a.m. each day unless such private club is the
holder of an extra-hours license and complies with the above requirements.
(6) Alcoholic beverage establishments set forth in subsections (3) and (5) permitted to
remain open to serve alcoholic beverages for on-premises consumption until 5:00 a.m.
may continue to serve alcoholic beverages for on-premises consumption and, if the
alcoholic beverage establishment is located on Ocean Drive between 5th Street and
15th Street, for consumption at the establishment's sidewalk cafe (i) until 7:00 a.m. on
January 1 (New Year's Day) or, if January 1 is on a Sunday, until 7:00 a.m. on Monday
if the day that is observed as a national holiday for New Year's Day is on Monday, and
(ii) until 7:00 a.m. during certain major event days or weekends as may be designated
by the city commission or as may be designated by the city manager following approval
by the city commission, under the following conditions:
(a) The police department and the code compliance department of the city must be
notified by a letter, received no later than 15 business days prior to either: (a)
January 1, or (b) the day on which alcohol sales are to be extended, stating that
the alcoholic beverage establishment intends to serve alcoholic beverages for on-
premises consumption and, if the alcoholic beverage establishment is located on
Ocean Drive between 5th Street and 15th Street, for consumption at the
establishment's sidewalk cafe until 7:00 a.m.;
(b) If deemed reasonably necessary by the police chief, or the police chiefs designee,
off-duty police officers must be provided at the alcoholic beverage establishment
until 7:00 a.m.;
( c) There are no pending City Code violations against the alcoholic beverage
establishment;
(d) No delinquent or past due monies are owed to the city;
(e) Outdoor entertainment or open-air entertainment is not allowed;
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(f) No violation of the city's noise ordinance shall be permitted;
(g) No violation of the approved fire code occupancy load shall be permitted;
(h) All required city permits and licenses are current;
(i) The State License is current; and
U) Any other conditions required by the city manager in order to protect the public
health, safety, or welfare.
(7) Alcoholic beverage establishments set forth in subsections (3) and (5) permitted to
remain open to serve alcoholic beverages for on-premises consumption until 5:00 a.m.
may continue to serve alcoholic beverages until 6:00 a.m. on the first day of daylight
savings time in the spring.
(8) The city manager may suspend the provisions of subsection (6) at any time to protect
the public health, safety, or welfare.
(9) Penalties and enforcement.
(a) The following penalties shall be imposed for a violation of this section:
i. The penalty for the first violation by a person or entity within a 12-month
period shall be a civil fine of $1,000.00;
ii. The penalty for the second violation by a person or entity within a 12-month
period shall be a civil fine of $5,000.00;
iii. The penalty for the third violation by a person or entity within a 12-month
period shall be a civil fine of $10,000.00;
iv. Upon a finding by the special master that four (4) or more violations by a
person or entity have occurred within a 12-month period, the city may initiate
proceedings to revoke the certificate of use, business tax receipt, or certificate
of occupancy of the violator.
v. A sidewalk cafe permittee that has been issued four (4) or more violations
pursuant to this section or section 82-388 within a permit year shall be
prohibited from applying for and obtaining a sidewalk cafe permit for a period
of two (2) permit years following the permit year in which the sidewalk cafe
permittee incurred the violations.
(b) Enhanced penalty. The following enhanced penalty shall be imposed, in addition to
any mandatory fines set forth in subsection (9)(a) above, for violations of this
section:
i. The sale of alcoholic beverages in violation of this section must be
immediately terminated, upon confirmation by the code compliance
department that a violation has occurred.
(c) Enforcement. The code compliance department shall enforce this section. This
shall not preclude other Jaw enforcement agencies or regulatory bodies from any
action to assure compliance with this section and all applicable laws. If a code
compliance officer (which, as defined in section 70-66, includes a police officer)
finds a violation of this section, the code compliance officer shall issue a notice of
violation in the manner prescribed in chapter 30 of this Code. The notice shall
inform the violator of the nature of the violation, amount of fine for which the
violator is liable, instructions and due date for paying the fine, that the violation
5
Page 131 of 154
may be appealed by requesting an administrative hearing before a special master
within ten (10) days after service of the notice of violation, and that the failure to
appeal the violation within ten (10) days of service shall constitute an admission of
the violation and a waiver of the right to a hearing.
(d) Rights of violators; payment of fine; right to appear; failure to pay civil fine or to
appeal; appeals from decisions of the special master.
i. A violator who has been served with a notice of violation must elect to either:
A. Pay the civil fine in the manner indicated on the notice of violation; or
B. Request an administrative hearing before a special master to appeal the
notice of violation, which must be requested within ten (10) days of the
service of the notice of violation.
ii. The procedures for appeal by administrative hearing of the notice of violation
shall be as set forth in sections 30-72 and 30-73 of this Code. Applications for
hearings must be accompanied by a fee as approved by a resolution of the
city commission, which shall be refunded if the named violator prevails in the
appeal.
iii. If the named violator, after issuance of the notice of violation, fails to pay the
civil fine, or fails to timely request an administrative hearing before a special
master, the special master may be informed of such failure by report from the
officer. The failure of the named violator to appeal the decision of the officer
within the prescribed time period shall constitute a waiver of the violator's right
to an administrative hearing before the special master, and shall be treated as
an admission of the violation. for which fines and penalties shall be assessed
accordingly.
iv. A certified copy of an order imposing a fine may be recorded in the public
records, and thereafter shall constitute a lien upon any real or personal
property owned by the violator, which may be enforced in the same manner as
a court judgment by the sheriffs of this state, including levy against the
violator's real or personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. On or after the sixty-first (61 st)
day following the recording of any such lien that remains unpaid, the City may
foreclose or otherwise execute upon the lien.
v. Any party aggrieved by a decision of a special master may appeal that
decision to a court of competent jurisdiction.
vi. The special master shall be prohibited from hearing the merits of the notice of
violation or considering the timeliness of a request for an administrative
hearing if the violator has failed to request an administrative hearing within ten
(10) days of the service of the notice of violation.
vii. The special master shall not have discretion to alter the penalties prescribed
in subsection (9)(a) or (9)(b).
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or
6
Page 132 of 154
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED arid ADOPTED this __ day of ________ , 2017.
ATTEST:
Rafael E. Granado
City Clerk
(Sponsored by Commissioner Joy Malakoff)
Underline denotes new language
Slril~ethrou§Jh denotes removed language
Philip Levine
Mayor
APPROVED AS TO
FORM & LANGUAGE
~(<ECUT\ON 1 B. \-3-[-\
CttYAttOrf1"v Date
N~
F:\ATTOIKALNIORDINANCES\8AM Package Liquor Sales ORD new first reading.docx
7
Page 133 of 154
Ordinance s - R5 C
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Jimmy L. Morales, City Manager
DAT E:March 22, 2017
First Reading
SUBJECT:AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF
MI AMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH RELATI NG TO THE PROCEDURES TO PROVIDE A VENDOR
PREFERENCE I N THE AWARD OF CONTRACTS FOR GOODS AND
CONTRACTUAL SERVICES, TO SMALL BUSI NESSES OWNED AND
CONTROLLED BY VETERANS OR STATE-CERTIFIED SERVICE-DI SABLED
VETERAN BUSINESS ENTERPRISES, BY AMENDING CHAPTER 2, ENTITLED,
"ADMI NISTRATI ON," BY AMENDING ARTI CLE VI, ENTITLED, "PROCUREMENT,"
BY AMENDING DI VISION 3, ENTI TLED, "CONTRACT PROCEDURES," BY
AMENDING SECTI ON 2-374, ENTITLED, "PROCEDURE TO PROVIDE
PREFERENCE TO VETERANS IN CONTRACTS FOR GOODS AND
CONTRACTUAL SERVICES," BY CREATI NG A SUBSECTI ON 4 THEREOF, TO
DELEGATE TO THE CITY MANAGER THE AUTHORITY TO WAIVE THE
REQUI REMENTS OF SECTION 2-374 IF THE CITY MANAGER FI NDS SUCH A
WAI VER TO BE REQUIRED FOR FEDERAL, STATE OR MI AMI -DADE COUNTY
FUNDING ELI GIBI LITY PURPOSES; PROVIDING FOR CODI FI CATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
RECOMMENDATION
Adopt the amended Ordinance.
ANALY SIS
On December 14, 2011, the City adopted City Ordinance No. 2011-3748, codified in Section 2-
374 of the City Code, in order to increase contracting opportunities f or small business concerns
owned and controlled by veterans or certified service-disabled veteran business enterprises,
consistent with Section 502 of the "Veterans Benefits, Health Care, and Information Technology
Act of 2006" (the Federal Act), which allows for certain preferences in the award of contracts to
such small business concerns, and Section 295.187 of the Florida Statutes. From time to time,
the City applies for Federal, State or Miami-Dade County f unding in support of various capital
projects in the best interests of the City, and such grants are often contingent on the City’s
compliance with the grantor agency’s requirements.
Notwithstanding that Federal and State laws encourage municipalities to support veterans and
service-disabled veterans, and the strong public policy interests for providing a veterans
Page 134 of 154
preference in connection with the procurement of goods and services, the Florida Department
of Transportation (“FDOT”) has interpreted the City’s veterans preference procedure as being
somehow in conflict with Federal grant requirements, and FDOT has theref ore requested that
the City either waive the provisions of Section 2-374 of the City Code, or forego millions of
dollars in Federal f unding that the City is otherwise eligible for. Therefore, the City desires to
amend Section 2-374 to delegate to the City Manager the authority to waive the requirements of
Section 2-374, if such waiver is required for Federal, State, or Miami-Dade County funding
eligibility purposes.
CONCLUSION
The City Manager recommends that the Mayor and City Commission adopt the attached
Ordinance amending the vendor preference in the award of contracts for goods and contractual
services, to small businesses owned and controlled by veterans or state-certified service-
disabled veteran business enterprises.
Legislative Tracking
Procurement
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
Ordinance
Page 135 of 154
ORDINANCE NO. 2017-______
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH RELATING TO THE PROCEDURES TO
PROVIDE A VENDOR PREFERENCE IN THE AWARD OF
CONTRACTS FOR GOODS AND CONTRACTUAL
SERVICES, TO SMALL BUSINESSES OWNED AND
CONTROLLED BY VETERANS OR STATE-CERTIFIED
SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES,
BY AMENDING CHAPTER 2, ENTITLED,
“ADMINISTRATION,” BY AMENDING ARTICLE VI,
ENTITLED, “PROCUREMENT,” BY AMENDING DIVISION
3, ENTITLED, “CONTRACT PROCEDURES,” BY
AMENDING SECTION 2-374, ENTITLED, “PROCEDURE TO
PROVIDE PREFERENCE TO VETERANS IN CONTRACTS
FOR GOODS AND CONTRACTUAL SERVICES,” BY
CREATING A SUBSECTION 4 THEREOF, TO DELEGATE
TO THE CITY MANAGER THE AUTHORITY TO WAIVE
THE REQUIREMENTS OF SECTION 2-374 IF THE CITY
MANAGER FINDS SUCH A WAIVER TO BE REQUIRED
FOR FEDERAL, STATE OR MIAMI-DADE COUNTY
FUNDING ELIGIBILITY PURPOSES; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, on December 14, 2011, the City adopted City Ordinance No. 2011-3748,
codified in Section 2-374 of the City Code, in order to increase contracting opportunities for
small business concerns owned and controlled by veterans or certified service-disabled veteran
business enterprises, consistent with Section 502 of the "Veterans Benefits, Health Care, and
Information Technology Act of 2006" (the Federal Act), which allows for certain preferences in
the award of contracts to such small business concerns, and Section 295.187 of the Florida
Statutes; and
WHEREAS, from time to time, the City applies for Federal, State or Miami-Dade County
funding in support of various capital projects in the best interests of the City, and such grants are
often contingent on the City’s compliance with the grantor agency’s requirements; and
WHEREAS, notwithstanding that Federal and State laws encourage municipalities to
support veterans and service-disabled veterans, and the strong public policy interests for
providing a veterans preference in connection with the procurement of goods and services, the
Florida Department of Transportation (“FDOT”) has interpreted the City’s veterans preference
procedure as being somehow in conflict with Federal grant requirements, and FDOT has
therefore requested that the City either waive the provisions of Section 2-374 of the City Code, or
forego millions in Federal funding that the City is otherwise eligible for; and
Page 136 of 154
WHERAS, the City desires to amend Section 2-374 to delegate to the City Manager the
authority to waive the requirements of Section 2-374, if such waiver is required for Federal, State,
or Miami-Dade County funding eligibility purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1: That Chapter 2, Article VI, Division 3 of the Miami Beach City Code is
hereby amended to create a new Section 2-374(4) as follows:
ARTICLE VI. PROCUREMENT
* *
* *
DIVISION 3. CONTRACT PROCEDURES
* *
* *
Sec. 2-374. - Procedure to provide preference to Veterans in contracts for goods and
contractual services.
(1) Definitions. For purposes of this section only, the following definitions shall apply:
(a) Bid shall mean a competitive procedure established by the City through the issuance
of an invitation to bid (ITB), request for proposals (RFP), request for qualifications
(RFQ), request for letters of interest (RFLI), or the solicitation of purchase orders
based on oral or written quotations.
(b) Certified service-disabled veteran business enterprise means an independently
owned and operated business, domiciled in Florida, and as further defined under
Section 295.187(3)(c) of the Florida Service-Disabled Veteran Business Enterprise
Opportunity Act, as same may be amended from time to time, that has been
certified by the Florida State Department Management Services to be a service-
disabled veteran business enterprise.
(c) Service-disabled veteran means a veteran who is a permanent Florida resident with
a service-connected disability, as determined by the United States Department of
Veterans Affairs, or who has been terminated from military service by reason of
disability by the United States Department of Defense.
(d) Service-disabled business enterprise means an independently owned and operated
business, domiciled in Florida, and as further defined in Section 295.187(3)(c) of
the "Florida Service-Disabled Veteran Business Enterprise Opportunity Act," as
same may be amended from time to time .
(e) Small business concerns owned and controlled by veterans means those
independently owned and operated small businesses, as defined in Section 502 of
Page 137 of 154
the Veterans Benefits, Health Care, and Information Technology Act of 2006, as
same may be amended from time to time, which are also domiciled in Florida, and
listed in the federal Database of Veteran-owned Businesses.
(f) Veteran means a person who served in the active military, naval, or air service and
who was discharged or released therefrom under honorable conditions. For
purposes of this section, the definition of "veteran" shall adopt the same definition
as provided therefor in Section 1.01(14) , Florida Statutes, as same may be amended
from time to time .
(2) Preference in purchase of goods or contractual services.
(a) ITS's and requests for oral or written qualifications. The city, when considering
two (2) or more bids submitted pursuant to an ITS or an oral or written request for
quotations for the purchase of goods or contractual services shall give a preference
to a responsive and responsible bidder which is a small business concern owned and
controlled by a veteran(s) or which is a service-disabled veteran business enterprise,
and which is within five percent (5%) of the lowest and best bidder, by providing
such bidder an opportunity of providing said goods or contractual services for the
lowest responsive bid amount. Whenever, as a result of the foregoing preference,
the adjusted prices of two (2) or more bidders which are a small business concern
owned and controlled by a veteran(s) or a service-disabled veteran business
enterprise constitute the lowest bid pursuant to an ITS or oral or written request for
quotation, and such bids are responsive, responsible and otherwise equal with
respect to quality and service, then the award shall be made to the service-disabled
veteran business enterprise.
(b) Request for proposals, request for qualifications, and request for letters of interest,
and invitation to negotiate. The city commission, or the city manager (in instances
where such action has been delegated to the manager), in considering, determining,
and/or approving the evaluation methodology, selection criteria, and/or other factors
determined by the city to [be] applicable in the recommendation and selection of
proposers submitting responses pursuant to an RFP, RFQ, or RFLI, as appropriate,
shall include (as part of such evaluation methodology, selection criteria, and/or
other applicable factors to be set forth and included within the RFP, RFQ, or RFLI
document) and give an additional five (5) points (where the evaluation methodology
is based on points system from 0 - 100 points), or an additional five percent (5%),
(where the evaluation methodology is based on a percentage system from 0 -
100%), to proposers, which are, or include as part of their proposal team, a small
business concern owned and controlled by a veteran(s) or a service-disabled veteran
business enterprise. The additional points shall be applied by the city's
procurement division of Miami Beach-based vendors following the completion of
the allocation of points by the evaluation committee.
(3)
Comparison of qualifications. The preferences established herein in no way prohibit the
right of the City Manager and/or the Mayor and City Commission, as applicable, to
compare quality of goods and/or contractual services proposed for purchase and compare
qualifications, character, responsibility and fitness of all person, firms, or corporations
submitting bids. Further, the preferences established herein in no way prohibit the right of
Page 138 of 154
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
the City Manager and/or the Mayor and City Commission, as applicable, from giving any
other preference permitted by law in addition to the preferences granted herein.
(4) The City Manager may waive the requirements of this section if the City Manager finds
such a waiver to be required for Federal, State, or Miami-Dade County funding eligibility
purposes.
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 ten (10) days after its adoption.
PASSED and ADOPTED this day of , 2017.
ATTEST:
MAYOR PHILIP LEVINE
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions
Strikethrough denotes deletions
(Sponsored by City Commissioner Al eman City Attorney 2 ikf Date
F:\ATTO\PAZR\2011-3748 Ordinance veterans word 03 15 17.docx
Page 139 of 154
Resolutions - R7 A
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Jimmy L. Morales, City Manager
DAT E:March 22, 2017
SUBJECT:1. A RESOLUTION OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF
MI AMI BEACH, FLORIDA, ACCEPTI NG THE RECOMMENDATI ON OF THE CITY
MANAGER TO AWARD AN AGREEMENT, PURSUANT TO REQUEST FOR
PROPOSALS (RFP) NO. 2016-090-KB, FOR DESI GN/BUILD SERVICES FOR
W EST AVENUE IMPROVEMENTS PHASE II SOUTH OF 14 STREET (PHASE II),
TO RIC-MAN CONSTRUCTI ON FLORIDA, INC., W I TH THE GUARANTEED
MAXI MUM PRI CE (GMP) IN THE AMOUNT OF $13,113,590.00; AUTHORIZING A
TEN PERCENT (10%) OWNER'S CONTI NGENCY FOR THE PROJECT IN THE
AMOUNT OF $1,311,359.00; AND FURTHER AUTHORI ZI NG THE MAYOR AND
CITY CLERK TO EXECUTE A DESI GN BUI LD AGREEMENT WITH RI C-MAN
CONSTRUCTION FLORIDA, I NC.
2. A RESOLUTION OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF
MI AMI BEACH, FLORIDA, ACCEPTI NG THE RECOMMENDATI ON OF THE CITY
MANAGER TO AWARD AN AGREEMENT, PURSUANT TO REQUEST FOR
PROPOSALS (RFP) NO. 2016-091-KB, FOR DESI GN/BUILD SERVICES FOR
W EST AVENUE I MPROVEMENTS PHASE II NORTH OF 14 STREET (PHASE II),
TO RIC-MAN CONSTRUCTI ON FLORIDA, INC., W I TH THE GUARANTEED
MAXI MUM PRI CE (GMP) IN THE AMOUNT OF $30,243,063.00; AUTHORI ZI NG A
TEN PERCENT (10%) OWNER'S CONTI NGENCY FOR THE PROJECT IN THE
AMOUNT OF $3,024,306.30; AND FURTHER AUTHORI ZI NG THE MAYOR AND
CITY CLERK TO EXECUTE A DESI GN BUI LD AGREEMENT WITH RI C-MAN
CONSTRUCTION FLORIDA, I NC.
(IT EM T O BE SUBM IT T ED IN SUPPLEM ENTAL)
RECOMMENDATION
Memorandum to be Submitted in Supplemental.
Legislative Tracking
Public Works/Procurement
Page 140 of 154
Page 141 of 154
New Busine ss and Com mission Re quests - R9 A
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Commissioner Micky Steinberg
DAT E:March 22, 2017
SUBJECT:DISCUSSION AND UPDATE REGARDING THE PLANNED PUBLIC WORKS AND
CAPITAL I MPROVEMENT PROJECTS I N THE CITY OVER THE NEXT FIVE
YEARS INCLUDI NG COUNTY AND STATE PROJECTS.
RECOMMENDATION
ANALY SIS
Please add to the March 1, 2017 Commission Meeting Agenda, a discussion and update
regarding the planned public works and capital improvement projects in the city over the next
five years including County and State projects with an updated timeline.
Legislative Tracking
Commissioner Micky Steinberg
Page 142 of 154
New Busine ss and Com mission Re quests - R9 B
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Commissioner John Elizabeth Aleman
DAT E:March 22, 2017
SUBJECT:DISCUSSION ITEM TO RECEIVE AN UPDATE FROM THE COUNTY
REGARDI NG MOSQUITO CONTROL EFFORTS AND STRATEGIES.
ANALY SIS
Please place on the March 1, 2017 City Commission Agenda, an item inviting Miami-Dade
County officials to provide an update on mosquito control ef f orts and strategies f or our area.
Legislative Tracking
Commissioner John Elizabeth Aleman
Page 143 of 154
New Busine ss and Com mission Re quests - R9 C
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Commissioner Michael Grieco
DAT E:March 22, 2017
SUBJECT:DISCUSSION REGARDI NG THE CITY'S POLICY ON FIRST RESPONDERS
CONTRACTI NG DISEASE ON DUTY, AND THE PASSAGE OF A RESOLUTION
SUPPORTI NG STATE EFFORTS TO PROTECT POLICE OFFI CERS AND
FIREFI GHTERS IN THIS REGARD.
ANALY SIS
Please place a discussion on the March 1, 2017 Commission meeting, regarding the City's
policy on First Responders contracting disease on duty, and the passage of a Resolution
supporting State ef f orts to protect Police Of f icers and Firefighters in this regard.
Legislative Tracking
Commissioner Michael Grieco
Page 144 of 154
New Busine ss and Com mission Re quests - R9 D
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Jimmy L. Morales, City Manager
DAT E:March 22, 2017
SUBJECT:UPDATE ON BUS SHELTER DESI GN NEGOTI ATI ONS PURSUANT TO
REQUEST FOR QUALI FI CATI ONS (RFQ) NO. 2016-116-KB FOR
ARCHITECTURAL AND ENGI NEERING DESIGN SERVICES FOR NEW BUS
SHELTERS.
RECOMMENDATION
This item is being presented to City Commission for discussion and further direction.
BACKGROUND
At the December 9, 2015 City Commission meeting, the Commission discussed the need to modify
the existing bus shelter design and the desire for bus shelters to include enhancements that could
help promote transit. T he new bus shelter design is intended to be of an iconic nature and
incorporate features enhancing the transit experience of passengers, including innovative designs
and technology, as well as to enable for installation of bus shelters at more bus stops with high
transit ridership.
At the March 9, 2016 City Commission meeting, the Commission approved Resolution No. 2016-
29325 accepting the recommendation of the Finance and Citywide Projects Committee to issue a
Request for Proposals for the design of new bus shelters; and authorizing the City Manager to
extend the existing agreement between the City and Clear Channel on a month-to-month basis after
expiration on October 31, 2016, as needed, such that the Clear Channel contract would remain in
place until the new contract is executed.
On April 13, 2016, the City Commission approved to issue Request for Qualifications (RFQ) No.
2016-116-KB for Architectural and Engineering Design Criteria Professional Services for New Bus
Shelters. Said RFQ was issued on April 20, 2016 and responses were due and received on June 10,
2016. T he City received proposals from the following five (5) firms: ACAI Associates, Inc.;
Arquitectonica International Corp.; Brooks + Scarpa Architects, Inc.; Glavovic Studio, Inc.; and
William Lane Architect, Inc.
The Evaluation Committee convened on May 26, 2016 to consider the proposals received. T he
evaluation process resulted in the ranking of ACAI Associates, Inc., as the top ranked proposer. T he
ACAI Associates team includes the premier design firm of Pininfarina.
On July 13, 2016, the City Commission adopted Resolution 2016-29477 authorizing the
Page 145 of 154
Administration to enter into negotiations with the top ranked proposer, ACAI Associates, Inc.; and,
should negotiations be unsuccessful, authorizing the Administration to enter into negotiations with the
second highest ranked proposer, Brooks + Scarpa Architects, Inc.; further, authorizing the Mayor and
City Clerk to execute the agreement with the successful firm.
ANALY SIS
The original price proposal submitted by the ACAI /Pininf arina team on October 28, 2016 was
over $2.6 million. This initial price proposal included design services and development of 100%
construction documents (approximately $1.75 million) and optional post design services
(approximately $875,000).
Since October, staf f has been engaged in lengthy negotiations with the ACAI /Pininf arina team
and received an additional f ive (5) price proposals with the intent of reducing the cost of design
services and development of construction documents. ACAI/Pininfarina's best and f inal offer is
$504,251, inclusive of some f ee concessions and scope reductions. While this price still
includes the goals of an iconic design and preparation of construction documents (100% design
plans, specifications, and construction cost estimates), it does not include any post-design
services, such as construction administration.
To f urther lower the cost, the Administration proposed that the ACAI /Pininf arina team reduce
their scope to provide for a design build option, rather than full construction documents, which
requires a Design Criteria Package (DCP) that would allow the City to benef it f rom an iconic
design prepared by the ACAI /Pininfarina team, as well as preparation of preliminary construction
documents (30% development) and the necessary project specif ications. Under this approach,
the ACAI/Pininf arina team would still design the shelters (and assure the design was protected),
but the actual construction documents would be developed and completed by a design/build
contractor (DB firm) qualif ied to build and install the shelters. The cost of this option is
approximately $410,000. While the DB f irm would prepare the actual construction documents,
they would be precluded from altering the ACAI /Pininf arina design.
CONCLUSION
The Administration is seeking direction f rom the City Commission regarding the following
options:
1. Contract with the ACAI/Pininfarina team to develop 100% design plans,
specifications and construction cost estimates for construction of new bus shelters. This
option is estimated to cost $504,251. Following completion of the design and
construction documents, a contractor would be competitively solicited to construct the
shelters in accordance with the ACAI /Pininf arina team’s design, plans and specif ications.
2. Contract with the ACAI /Pininf arina team to develop a Design Criteria Package (full
design and 30% plans and specifications). This option would cost approximately
$410,000. Following completion of the design criteria package, a contractor would be
competitively solicited to f inalize construction documents and construct the shelters in
accordance with the ACAI /Pininfarina team’s design.
3. Enter into negotiations with the second highest ranked firm, Brooks + Scarpa
Architects, I nc.
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KEY INTENDED OUTCOMES SUPPORTED
Ensure Comprehensive Mobility Addressing All Modes T hroughout T he City
Legislative Tracking
Transportation
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New Busine ss and Com mission Re quests - R9 E
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Jimmy L. Morales, City Manager
DAT E:March 22, 2017
SUBJECT:DISCUSSION REGARDI NG EXPENSES ASSOCIATED WITH THE HOLOCAUST
MEMORIAL'S YOM HASHOAH (HOLOCAUST REMEMBRANCE DAY), TAKING
PLACE SUNDAY APRI L 23, 2017, AT 5:00 PM AT THE HOLOCAUST MEMORIAL
AND ON MERIDIAN AVENUE FROM 18 STREET TO DADE BOULEVARD.
ANALY SIS
Each year since 1953, Yom HaShoah, Holocaust Remembrance Day, is observed across the
world in commemoration for the approximately six million Jews who perished in the Holocaust.
In South Florida, the primary Yom HaShoah memorial service, bringing together survivors of the
Holocaust f rom the entire community, takes place in Miami Beach in f ront of the Holocaust
Memorial at the corner of Meridian Avenue and Dade Boulevard. I n most years, the event
gathers no more than 1,000 attendees, who fit on the Memorial premises or extending slightly
onto Meridian Avenue, via a special event permit and with Police and Transportation assistance.
Given the significant and growing anti-semitic rhetoric and actions that have occurred across the
county and, recently in Miami Beach, over the past year, the Greater Miami Jewish Federation
(GMJF) is calling on more community participation and attendance at this year ’s Yom HaShoah
ceremony at the Holocaust Memorial in Miami Beach, taking place Sunday, April 23, 2017 at
5:00 p.m. The GMJF has placed and will place several more full page advertisements in both
The Miami Heral d and The Sun Senti nel, urging the Jewish community and its supporters to
attend this event. As a result, the GMJF now anticipates 2,500 attendees and has met with City
staf f to coordinate the safety and security of attendees, as well as to minimize the anticipated
traf f ic impacts. The GMJF also expects several key speakers, including potentially City, County,
State and Federal elected of f icials.
Unlike previous years, the event area presents numerous challenges associated with the
renovation of the Miami Beach Convention Center, including the closure of Convention Center
Drive; access limitations on Washington Avenue, 17 Street, 18 Street and 19 Street; as well as
the overlapping date with the annual AIDS Walk, a Miami Beach Botanical Garden event and the
regular Lincoln Road markets. A portion of the Preferred Lot, used f or construction worker
parking by Clarke, the Miami Beach Convention Center contractor, will be vacated f or media, bus
and VI P use for Yom HaShoah.
The GMJF is asking the City to assist in the costs necessary to produce and secure the event
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site. The anticipated expenses of this event are as f ollows (all tbd):
· Police
· Fire
· Parking
· Emergency Management
· Sanitation
The administration is in the process of developing these cost estimates.
CONCLUSION
The Administration seeks direction from the Commission.
KEY INTENDED OUTCOMES SUPPORTED
Enhance Public Safety and Emergency Preparedness
Legislative Tracking
Tourism, Culture and Economic Development
Page 149 of 154
New Busine ss and Com mission Re quests - R9 F
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Jimmy L. Morales, City Manager
DAT E:March 22, 2017
SUBJECT:A DI SCUSSION REGARDI NG POSSIBLE USE OF FLAMINGO PARK TENNIS
COURTS DURING THE I NTERNATIONAL TENNI S FEDERATION
TOURNAMENTS SCHEDULED FOR NOVEMBER 2017.
ANALY SIS
On September 2, 2015, Commissioner Steinberg sponsored a discussion regarding a potential
tennis event in North Beach. The intention was to create a calendar of premium tennis events in
Miami Beach which would help to establish the City as a tennis and sporting capital in South
Florida.
On March 9, 2016, the Commission passed a motion endorsing the concept of an agreement
with Creative Artists Management (CAA), partnered with Florida Tennis Promotions, and the
International Tennis Federation (ITF) whereby the City would commit $100,000 toward
production of the event.
On September 14, 2016, the Commission adopted a Resolution approving an agreement
between the City and Florida Tennis Promotions to secure, host, and produce a series of
International Tennis Federation events in 2017, 2018, and 2019, with the agreement
commencing upon execution, and authorizing annual funding in the amount of $100,000 subject
to budget appropriation.
The initially discussed scope of the International Tennis Foundation (ITF) activations in Miami
Beach was limited to the North Shore Tennis Courts (NSPYC) to be supplemented by public
City courts in North Beach as well as neighboring municipalities. I nitial conversations with the
NSPYC Contractor indicated that the City would negotiate some manner of compensation for
lost revenue.
The City contract with the our Contractor responsible f or managing both North Shore Park and
Youth Center Tennis Courts and Flamingo Park tennis courts provides that the City may, if
deemed that it would be in the best interest of the City, reserve the right to utilize the Center for
City produced tennis related special events and/or other City-produced special event
productions. I n such cases, the City will coordinate with the Contractor, and would need to
consider the impact of lost revenue on the Contractor.
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The costs associated with use of all NSPYC courts f or the duration of two weeks is $46,913.
Should there be a desire to highlight the majority of significant tournament events as taking
place in Miami Beach proper, there is a possibility of adding matches to the Flamingo Courts.
Potential scenarios and associated costs are as follows:
8 courts at Flamingo 12 noon – 3pm: $12,296
12 courts at Flamingo for 10 hours; over the course of two weeks: $52,605
12 courts at Flamingo for 10 hours; over the course of one week: $26,302
10 courts at Flamingo for 10 hours; over the course of two weeks: $45,011
10 courts at Flamingo for 10 hours; over the course of one week: $22,505
Staff has also raised the option of relocating some of the contractor ’s programming and private
lessons to allow the contractor to utilize some of the City of Miami Beach neighborhood courts.
CONCLUSION
Administration seeks direction on the scope of potential use of Flamingo Courts for ITF
tournaments; potential displacement of regular community use of the Flamingo Courts; and
potential revenue rental loss f or Flamingo Court Management.
Legislative Tracking
Tourism, Culture and Economic Development
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Notices 1.
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Jimmy L. Morales, City Manager
DAT E:March 22, 2017
SUBJECT:USE OF AUDI O VI SUAL EQUIPMENT IN THE COMMI SSI ON CHAMBERS FOR
PRESENTATIONS DURING PUBLI C MEETI NGS.
RECOMMENDATION
See LTC No. 531-2016 attached.
Legislative Tracking
Marketing and Communications
ATTACHMENTS:
Description
LT C
Page 152 of 154
MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC# 531-2016 LETTER TO COMMISSION
TO: Mayor Philip Levine and Members the City Co;t mission
FROM: Jimmy L. Morales, City Manager
DATE: December 9, 2016
SUBJECT: USE OF AUDIO VISUAL EQUIPM NT IN THE COMMISSION CHAMBERS FOR
PRESENTATIONS DURING PUBLIC MEETINGS
The purpose of this Letter to Commission is to advise the Mayor and Commission of new
guidelines designed by the Office of Communications for showing presentations, images, videos
or any other audio visual communications in the commission chambers during public meetings.
During recent commission meetings we have experienced a number of technical issues with the
audio visual (AV) equipment in the chambers. As we all work to be efficient and effective during
commission meetings, the forced breaks in the meetings to set up the AV for unexpected
presentations, or other videos or images, are the cause of unnecessary delays.
In an effort to allow staff to provide timely set-up of these presentations, as well as allow us an
opportunity to review any content prior to showing it at public meeting, effective January 1, 2017
anyone (general public as well as city staff) wishing to use the AV equipment must submit their
presentation, video, or link 24 hours prior to the meeting in order to have the opportunity to have
it played during the meeting.
The following changes will be taking place to ensure this:
1. The laptop that currently resides at the podium will be moved into the control room and
the AV cable will be removed from the podium.
2. People wishing to have something shown during public meetings must submit their
requests 24 hours prior to the meeting by:
a. Email at: communicationsmiamibeachfl.gov
b. Hand delivered on a jump drive or CD to the communications office at 1701
Meridian Avenue, Miami Beach, FL 33139
c. IT is working on a cloud-based or FTP option for uploading
When submitting the items to be presented they must reference the item number in the title and
be in either PDF, PowerPoint or .MP4 format, or a link to an online video.
The communications department will also work with the Clerk's office to ensure that the public
notices and agendas remind the public of these new procedures.
We look forward to assisting in making sure that commission meetings run as efficiently and
effectively as possible.
JLM/MM/TD
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Notices 2.
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Jimmy L. Morales, City Manager
DAT E:March 22, 2017
SUBJECT:TIME CERTAIN.
ANALY SIS
To be submitted upon start of the Commission Meeting.
Legislative Tracking
Of f ice of the City Clerk
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