2000-24183 RESO
RESOLUTION NO.
2000-24183
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR
A PILOT PROJECT TO PROVIDE PROFESSIONAL GRAFFITI REMOVAL
AND PAINTING SERVICES ON PRIVATE PROPERTY, IN AN AMOUNT
NOT TO EXCEED $40,000 FROM THE UNDESIGNATED FUND BALANCE,
FOR A PERIOD OF SIX MONTHS; OR UNTIL FUNDING IS EXPENDED,
WHICHEVER EVENT OCCURS FIRST.
WHEREAS, the Mayor and City Commission of the City of Miami Beach find that more
stringent measures to attack graffiti are necessary than currently exist in the City Code to serve and
protect the best interests of the citizens of Miami Beach and to promote and maintain the aesthetic
appearance of the City of Miami Beach which is an internationally renowned tourist destination, and
WHEREAS, the immediate removal of graffiti is the most effective deterrent to its
reoccurrence, and
WHEREAS, graffiti depreciates the value of the defaced property as well as the surrounding
neighborhood; and
WHEREAS, in order to preserve the integrity of the commercial and residential
neighborhoods of the City, including its five historically designated districts, and to protect the health,
safety and welfare of the general public, the Mayor and City Commission adopted Ordinance No.
2000-3276 on October 18, 2000 which authorizes the prompt removal or abatement of graffiti from
private permanent structures located within the City of Miami Beach; and
WHEREAS, the Mayor and City Commission deem it in the best interests of the City to
approve a $40,000 Pilot Project which would provide the City with professional graffiti removal and
painting services on private property for six months or until the funding is expended, whichever event
occurs first; and
WHEREAS, as the Mayor and City Commission have recognized that it is in the City's best
interest to issue an RFP for professional services to perform said graffiti removal.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein approve the Resolution of the Mayor and City Commission of the City of Miami
Beach, Florida, authorizing the administration to issue a Request for Proposals (RFP) for a pilot
project to provide professional graffiti removal and painting services on private property, in an
amount not to exceed $40,000 from the undesignated fund balance, for a period of six months; or
until funding is expended, whichever event occurs first.
PASSED AND ADOPTED THIS 29th day of Nove~z, 2000.
APPROVED AS TO ~
Attest: ,,1 ~ y G, n FORM & LANGUAGE YOR
~ lM-tu \ ~ & FOR EXECUTIONlIi
CITY CLERK ~
' 11-1 )~Q?/
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Scope of Work
Background
This Request for Proposals ("RFP") will provide for the rapid elimination of graffiti which is known
to be the most effective deterrent to its reoccurrence. The Administration recognizes the importance
of protecting the City's image and the quality of life for its residents and visitors. The current
process requires Code Compliance to cite the private property owner for graffiti, allow time for
correction and then if compliance does not occur, set the case for the Special Master. Too often,
this results in a property lien, rather than the elimination of the visual blight caused by the graffiti.
The new Graffiti Ordinance enables the City to remove the unsightly graffiti in the event the owner
does not quickly respond to the City's notification of the violation. In doing so, the community will
benefit substantially. The proposed amendments to Chapter 70 ofthe City Code, and the creation
of a new section entitled "Graffiti" speaks to the importance of properly addressing this serious
community problem both on commercial and private properties. The Ordinance is patterned after
a similar Ordinance successfully in use in Coral Gables. Dade County's graffiti ordinance has also
been reviewed and portions of it incorporated into the Miami Beach Ordinance.
Highlights of the Ordinance include the following:
Stiff penalties to those found guilty of the illegal application of a broad range of materials defined
as graffiti; Graffiti declared a public nuisance; Parentsllegal guardian responsibilities identified;
Time frames in which to eradicate the graffiti (7 business days for commercial property and 10
business days for non-commercial property); Specifications for notification and abatement of the
graffiti; An appeal process; Enabling of the City or city agent to abate graffiti ifthe violation is not
timely corrected; The recording of a lien 30 days after notice of completion of the removal; A
process for appeal of assessed costs; and the repeal of the current section (58-302) of the City Code.
Other cities have successfully curtailed private property graffiti by contracting with a painting
company that has developed this expertise. The Administration has analyzed the costs and benefits
of outsourcing this function and concluded that it is in the City's best interest to do so. In making
this recommendation, the City took into consideration the following issues: current budget
constraints; limited city staff to properly address this problem; the City's potential liability related
to removal of graffiti on private property; costs of equipment, supplies, etc to ensure quality and
painting matches.
Based on the foregoing, it is the Administration's recommendation that a Pilot Project be undertaken
for the removal of graffiti on private property, and that this function be privatized. (It should be
noted that the City has a Graffiti Coordinator who with the Property Management Department
removes graffiti on public property). A preliminary funding source has been identified from the
General Fund undesignated fund balance amounting to $40,000. It is estimated that these funds
should last from four to six months. At the end of that time frame, if the program is deemed to be
effective, additional funding will need to be identified to continue the program. (The Coral Gables
Graffiti Program averages $80,000 annually).
Work Description
The work consists of performing all operations concerning graffiti removal from private property
on various surfaces in residential and commercial areas, in the City of Miami Beach. The City's
goal is to establish a citywide zero tolerance zone with no graffiti visible in the City limits. It is
recommended that the contractor establish a patrol route and report all graffiti, however elimination
of private property graffiti reported by the Code Department will be the job of the successful
respondent.
The contractor shall be available at all reasonable times to report and confer with the department
designated to oversee the program; Code Compliance. Minimally the contractor shall provide a toll
free telephone and fax number to receive instructions, information, complaints, and reports of
graffiti from the Department.
The contractor on-site supervisor shall have a thorough knowledge of the needs of the City, the
specifications, terms, conditions and requirements.
The words in the following order: "City of Miami Beach Graffiti Abatement Program" shall be
displayed in legible letters no less than 2 inches in height, the lettering must include contractors
name and be visible on both sides of any vehicles used.
The contractor shall log all reports of graffiti and all graffiti found on patrol. Response priority for
reports of graffiti shall be as follows:
Requests from the City management/Code Compliance Department
Graffiti Removal Services. General
The Contractor shall conduct the graffiti removal services and follows:
1) Remove graffiti from private residential, and commercial structures, alleys, walls, and
driveways.
2) Provide personnel, supervision, tools, supplies, materials, equipment, transportation and
other incidentals necessary to perform the work.
3) Remove graffiti from all types of surfaces, such as, but not limited to wood, metal, stucco,
brick, concrete, cinder blocks, etc.
4) Maintain a zero tolerance zone citywide by removing private property graffiti within 48
hours.
5) Remove graffiti which is vulgar (i.e., profane, obscene or racist) within 24 hours (seven days
a week).
6) Respond to reports of graffiti from the city and remove graffiti from private property within
48 hours of notification by telephone, fax or e-mail.
7) Provide the city with monthly reports no later than the 15th of each month. To include
property location, date reported, date treated and before and after pictures.
8) Match the existing surface color when p . ting over or obscuring graffiti whenever possible.
Paint shall be neatly feathered in all area .
9) Use appropriate protective materials to protect sidewalks, vegetation, etc from paint spillage.
10) Train its personnel in the appropriate methods of graffiti removal.
11) Remove all debris, waste and work product from the job site.
12) Maintain a record/log of all requests and citizens complaints. Records will be available to
the City for review upon request. The complaint log shall include the action taken to resolve
the complaint.
13) Assist the City with special requests (i.e., removal of graffiti before parades, special events,
etc.)
14) Graffiti found on commercial signage shall only be removed with the owner'sl occupant's
specific, written approval and with the owner's/occupant's understanding that the contractor
is not responsible, under this Contract, for replacing any original lettering, pictures, etc., on
a commercial sign. With the owner's/occupant's approval, the contractor shall proceed with
diligence to remove the graffiti with as little damage to the commercial sign as is possible.
15) Graffiti that is only accessible by boat will be treated on a case-by-case basis, as it arises.
Hours and Days of Graffiti Service
Hours of operation may be limited by the city if the need arises. The City may extend removal
requirements due to inclement weather or natural disaster.
Duration of Contract
This is a pilot project with a $40,000 budget. The Program will be revisited at the conclusion of
this project which is calculated to last from 4 to 6 months.
Utilities
The City will not provide utilities.
Storage Facilities
The City will not provide storage facilities for the contractor.
Removal of Debris
All debris derived from these graffiti removal services specified herein shall be removed from the
worksite. The contractor shall properly dispose of the debris.
Project Site Safety
The Contractor shall provide at its expense all safeguards, safety devices, and protective equipment,
and shall take any and all actions appropriate to providing a safe Project site.
Responsibilities of the Department
The City shall approve or disprove Contractors performance under this contract. The City will
conduct regular inspections to verify that the requested work has been completed according to
program specifications.
Evaluation Criteria
The evaluation criteria to be used in the selection process will include, but is not limited to the
following considerations:
Proposals passing the first step will be evaluated based on the following:
a) Technical Competence and Experience
Demonstrate technical competence to perform the work specified in the contract
Scope of Work. Factors to be considered, include, but are not limited to experience,
familiarity with similar types of projects, personnel.
b) Record of Past Performance
Proposer's who have current graffiti removal contracts with govermnental agencies
or similar work.
c) References
Record of performance as determined from all available information, including, but
not limited to direct cormnunications by the city with the Proposer's current/former
clients. Factors to be considered include, but are not limited to cost control, work
quality, completion of work on schedule, and responsiveness. The department will
check at least three of the Proposer's references for overall satisfaction.
d) Community involvement
Proposer demonstrates an ability to work with clients, media, and govermnent
agencies.
e) CostlBenefit
The proposed monthly fee should accurately reflect the cost of providing the
required service. The lowest cost proposal will be determined based on the "Annual
Price." The lowest cost proposal will receive full weight of this evaluated item.
Other proposals will receive a prorated weight. However, the lowest proposed fee
may not necessarily result in the award of a contract.
Project Site Safety
The Contractor shall provide at its expense all safeguards, safety devices, and protective
equipment, and shall take any and all actions appropriate to providing a safe Project site.
Responsibilities of the Department
The City shall approve or disapprove Contractors performance under this contract. The City
will conduct regular inspections to verify that the requested work has been completed
according to program specifications.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM NO.
<gf4 -00
TO:
Mayor Neisen O. Kasdin and
Members oftbe City Commission
DATE: November 29, 2000
FROM:
Jorge M. Gonzalez \ .~
City Manager Or l)'
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR
A PILOT PROJECT TO PROVIDE PROFESSIONAL GRAFFITI REMOVAL
AND PAINTING SERVICES ON PRIVATE PROPERTY, IN AMOUNT NOT
TO EXCEED $40,000 FROM THE UNDESIGNA TED FUND BALANCE, FOR
A PERIOD OF SIX MONTHS; OR UNTIL FUNDING IS EXPENDED
WHICHEVER EVENT OCCURS FIRST.
SUBJECT:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
...
On October 18,2000, the City Cormnission approved Ordinance No. 2000-3276 which amended
Chapter 70 of the City Code to address the issues related to graffiti and specific to this resolution,
its removal by the City when the property owner fails to do so within the prescribed time frame.
(Commercial properties are given 7 business days from the date of notification, and non-commercial
properties are given 10 business days) This graffiti abatement on private property is proposed to be
performed by a professional who is the successful respondent to the attached Request for Proposals
("RFP") and will act as the City's agent.
The RFP enables the City to eradicate graffiti on private property as a means of "abating the
nuisance" as defined by Ordinance. The RFP defines the scope of services to be provided - proper
use of paint, matching of color, training of personnel, a monthly reporting process and a rapid
response once notification is given (48 hours). The successful RFP respondent will work directly
with the Code Compliance Department, to eliminate private property graffiti when the property
owner has not responded to the "Notice of Violation" in the time frames prescribed by Ordinance.
In so doing, the visual impact will be mitigated in an expedited fashion and will eliminate the need to
utilize the Special Master process.
AGENDA ITEM
DATE
LiM
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Commission Memorandum
Professional Graffiti Removal
November 29, 2000
Page 2
The Administration has identified $40,000 from the City's undesignated fund balance as the budget
for a pilot project to eradicate graffiti. The successful respondent to the "Graffiti RFP" will be paid
from this funding source. It is estimated that these funds will last approximately six months
(depending on the number and severity of the cases) at which time the program will need to be
reassessed, and if proven to be successful, additional funding will need to be identified.
It is anticipated that outsourcing of this function, will have a significant impact and decrease the visual
blight associated with unsightly graffiti that diminishes the beauty of this City. Accordingly, the
Administration recommends adoption of the Resolution approving the issuance of the "Graffiti RFP".
JMG:~:lr~
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