20101027 Consent Reduced Detail ocrMIAMIBEACH
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
October 27,2010
Mayor Matti Herrera Bower
Vice-Mayor Jorge Exposito
Commissioner Michael Gdngora
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jorge M. Gonzalez
City Attorney Jose Smith
City Clerk Robert E. Parcher
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of Cify Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires
the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with
the City Commission, any City Board or Committee, or any personnel as defined in the subject
Code sections. Copies of the City Code sections on lobbyists laws are available in the City
Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the
Office of the City Attorney.
Special note: In order to ensure adequate public consideration, if necessary, the Mayor and Cify Commission
may move any agenda item to the alternate meeting date which will only be held if needed. In addition, the
Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all
agenda items.
Call to Order - 9:00 a.m.
Inspirational Message, Pledge of Allegiance
Requests for Additions, Withdrawals, and Deferrals
The City Commission will recess for lunch at approximately 1 :00 p.m.
Presentations and Awards Regular Agenda
PA Presentations and Awards R2 Competitive Bid Reports
R5 Ordinances
Consent Agenda R7 Resolutions
C2 Competitive Bid Reports R9 New Business and Commission
C4 Commission Committee Assignments R10 City Attorney Reports
C6 Commission Committee Reports
C7 Resolutions Reports and Informational Items
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
Consent Agenda, October 27,2010
Presentations and Awards
PA1 Certificates Of Recognition To Be Presented To Earl Allen And Claudio Jurado In Recognition Of 50
Years Of Service To Mount Sinai And The Miami Beach Community. (Page 3)
(Requested by Mayor Matti Herrera Bower)
PA2 Presentation Of Sister Cities Plaque By Sister Cities Committee Chairman George Neary.
(Requested by Mayor Matti Herrera Bower)
PA3 Certificates Of Achievement To Be Presented To The 2010 Information Technology Summer
Internship Program Participants.
(Requested by Mayor Matti Herrera Bower)
PA4 Certificates Of Appreciation To Be Presented To Officer Of The Month Awardees From The Miami
Beach Police Department.
(Requested by Vice-Mayor Jorge Exposito)
PA5 Certificate Of Appreciation To Be Presented To "Las Maraqueras," From The Little Havana Activities
& Nutrition Centers Of Dade County.
(Requested By Commissioner Michael Gongora)
PA6 Proclamation To Be Presented In Honor Of Hispanic Heritage Month.
(City Manager's Office)
PA7 Key To The City To Be Presented To Christian Mejia For His Military Service.
(Requested by Commissioner Jerry Libbin)
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 - Competitive Bid Reports
Request For Approval To Award Job Order Contracts To The Following Contractors Pursuant To
Invitation To Bid (ITB) 37-09/10, For Job Order Contract - Streetscape Utilities Construction Projects:
Envirowaste Services Group, Inc., Harbour Construction, Inc., M. Vila & Associates, Inc., Metro
Express, Inc., RIC-Man Construction, Inc., Trans Florida Development Corp., And Williams Paving
Co.; Authorize The Administration To Negotiate The Adjustment Factors With Each Contractor; And
Authorize The Mayor And City Clerk To Execute Contracts Upon Completion Of Successful
Negotiations By The Administration. (Page 7)
(Procurement)
Consent Agenda, October 27,201 0
C4 - Commission Committee Assignments
C4A Referral To The Finance And Citywide Projects Committee - Discussion Regarding The Issuance Of
A Request For Proposals (RFP) To Award A Concession Agreement For The Management And
Operation Of A Hop-On Hop-Off City Bus Tour Service From Various Locations In The City.
(Page 17)
(Tourism & Cultural Development)
C4B Referral To The Finance And Citywide Projects Committee To Discuss A Proposed Lease Of
Approximately 221 6 Square Feet Of City-Owned Property Located At 22 Washington Avenue, Miami
Beach, Florida, For The Purpose Of Accommodating An Outdoor Cafe Associated With A Restaurant
Operation Located At 81 6 Commerce Street, Which Is Directly Adjacent To And West Of The Subject
City Property. (Page 19)
(Real Estate, Housing & Community Development)
C4C Referral To The Land Use And Development Committee - Discussion Regarding A Stricter
Panhandling Ordinance. (Page 21)
(Requested By Commissioner Michael Gongora)
C4D Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding Excessive
Use Of Sign Advertising "Cheap Meals" And The Like At Restaurants On Lincoln Road And Ocean
Drive. (Page 23)
(Requested By Commissioner Michael Gongora)
C4E Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding The Mapping
Of Old Alton Road On Miami Beach. (Page 25)
(Requested By Commissioner Michael Gongora)
C4F Referral To The Finance And Citywide Projects Committee - Discussion Regarding Proposing A
Refund Of The Miami Beach Millage Increase. (Page 27)
(Requested by Commissioner Jerry Libbin)
C4G Referral To The Finance And Citywide Projects Committee To Discuss A Request From Mystery
Parks Arts Company, Inc. For An Amendment To Its Lease Agreement. (Page 29)
(Real Estate, Housing & Community Development)
iii
Consent Agenda, October 27,201 0
C6 - Commission Committee Reports
C6A Report Of The Neighborhoods/Community Affairs Committee Meeting On August 31, 2010: I)
Discussion Regarding Whether The City Should Have A General Standing Rule To Waive Certain
Fees, Such As Parking And Other, Related To Reconstruction Of Private Property Damaged Due To
A Severe Storm Event Or Similar Nature Event. 2) Discussion Regarding Whether Miami Beach
Should Require Naming Rights When It Gives A Substantial Gift To An Organization. 3) Discussion
Regarding Renaming And Restructuring The Safety Committee As The CERT Committee. 4)
Discussion Regarding A Bottle And Can Deposit Ordinance For The City Of Miami Beach. 5)
Discussion Regarding The Placement Of A Plaque On The Jose Marti Bust Commemorating Mr. Luis
Hernandez For His Tremendous Contribution To The Local Hispanic Community. 6) Discussion
Regarding West Avenue Traffic. 7) Review and Discuss The Approval And Adoption Of A Miami
Beach Traffic Calming Manual. 8) Discussion Regarding Banning Or Restricting Smoking On Some
Or All Of The City's Beaches. 9) Discussion Regarding The Banning Of Coolers Made From Extruded
Polystyrene Foam (aka "Styrofoam") From The City's Beaches. Unscheduled Business: Discussion
On The Possibility Of A "How's My Driving?" Program. (Page 33)
C6B Report Of The Land Use And Development Committee On September 27, 2010: 1) Ordinance
Amendment - Expand The Public Notice Period For All Four Land Use Boards From 15 Days To 30
Days. 2) Entertainment In Sidewalk Cafe Permit Areas On Ocean Drive - An Ordinance Amending
The Code Of The City Of Miami Beach, By Amending Chapter 82, Public Property, Article IV, Uses In
Public Rights-of-way, Division 5, Sidewalk Cafes, Subdivision II, Permit, Section 82-385, By
Providing Minimum Standards, Criteria, And Conditions For Entertainment In Sidewalk Cafe Permit
Areas On Ocean Drive Between gth And 1 3th Streets, And By Amending Chapter 142, Zoning Districts
And Regulations, Article V, Specialized Use Regulations, Division 6, Entertainment Establishments,
Section 142-1 361, Definitions, To Amend The Definition Of Outdoor Entertainment To Include Such
Sidewalk Cafe Areas On Ocean Drive, Providing For Repealer, Severability, Codification And An
Effective Date. 3) Discussion Regarding The Placement Of Water Sub-Meters. 4) Review And
Recommendation Of An Ordinance Amending The Land Development Regulations Of The Code Of
The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations1', Article IV,
"Supplementary District Regulations ", Section 142-875 "Roof Replacements'' To Modify And Expand
The Requirements For Roofing Materials In All Districts; Providing For Repealer, Codification,
Severability And An Effective Date. 5) Historic Single Family Property Ad Valorem Tax Exemption. 6)
Discussion Regarding Strengthening The Process By Which Permanent Parking Spaces May Be
Removed From City Inventory, For Instance By Limiting The Purpose And/or Requiring Commission
Approval. 7) Discussion Regarding Lessening The Intensity Of The Industrial Light District.
(Page 41)
Consent Agenda, October 27,2010
C6 - Commission Committee Reports (Continued)
Report Of The Capital lmprovement Projects Oversight Committee Meeting On July 12, 2010: 1)
Attendance. 2) Review And Acceptance Of Minutes. 3) Public Comments. 4) Commission Items: A) A
Resolution Approving And Authorizing The Mayor And City Clerk To Approve Additional Contingency
Funding In The Amount Of $469,175.21, For Horizon Contractors, Inc. For The Construction Of
Additional Owner Requested Items And Betterment Scope Of Work For The City Of Miami Beach
Right Of Way Infrastructure lmprovement Program, Neighborhood No. 12C1 South Pointe Phase II
Project, Funding Is Available From Previously Appropriated South Pointe Capital Fund 389 In The
Amount Of $469,175.21, For The Additional Scope Of Work. Passed: Unanimous. B) A Resolution
Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The
Professional Architectural And Engineering (NE) Services Agreement Between The City Of Miami
Beach, Florida And Wolfberg Alvarez And Partners, In The Amount Of $77,720, For The Additional
Professional Services For The Flamingo Park Project; With Funding From 99 GO Bond Parks And
Beaches Fund 377 For Design, In The Amount Of $22,162, Previously Appropriated In The Fiscal
Year (FY) 2006-2007 Capital Budget, And From The MDC CDT Interlocal-CDT Resort Tax Fund 388
For Design, In The Amount Of $55,558, Previously Appropriated In The FY 2009-2010 Capital
Budget. C) Request For Approval To Award Contract, Pursuant To lnvitation To Bid No. 26-0911 0, For
The Renovation And Restoration Of The Historical Fire Station No. 2 And Hose Tower, Authorizing
The Mayor And City Clerk To Execute An Agreement With Edgewater Construction Group, Inc. At
The Not-To-Exceed Amount Of $1,627,762.74 For The Construction Of The Project, Plus Approve A
Project Contingency In The Amount Of $325,552.55 For A Grand Total Of $1,953,315.29 From Funds
Previously Appropriated In The Capital Budget; Further Authorizing The Administration To Engage In
Value Engineering To Further Reduce The Cost And Time For Completion Of Said Project. Passed:
Unanimous. D) Request For Approval To Award Contract, Pursuant To Invitation To Bid No. 17-09/10,
For The Construction Of The City Of Miami Beach Right Of Way lnfrastructure lmprovement Program
Neighborhood No. 12/DlE/F, South Pointe Phases Ill, IV And V; Authorize The Administration To
Engage In Value Engineering To Further Reduce The Cost And Time For Completion Of Said Project;
Authorize The Mayor And City Clerk To Execute An Agreement With Trans Florida Development
Corporation, In The Amount Of $9,950,715.92. For The Construction Of The Project, With Previously
Appropriated Funding Available From South Pointe RDA Fund 379 In The Amount Of $268,719.40,
And From South Pointe Capital Fund 389, In The Amount Of $9,681,996.52 For Construction; And
Approving Previously Appropriated Funding In The Amount Of $995,071.59 From South Pointe
Capital Fund 389 For Project Contingency, For A Grand Total Of $10,945.787.51. 5) Requested
Reports: A) Public Works GIs Presentation To Highlight The Waterline Breaks In The Bayshore
Neighborhood, B) Stormwater Master Plan Milestones. 6) Discussion: A) City's Standard Form NE
Agreement - Penalty Language, B) Citywide Guard House Inventory And Ownership, C) Outfall
Cleaning Schedule. 7) Old Business: A) Construction Update: Normandy Shores Neighborhood
lmprovement Project B) Status Report: Venetian Island Neighborhood lmprovement Project, C)
Status Report: Sunset Islands I & II, D) Status Report: Sunset Islands Ill & IV, E) Status Report: Royal
Palm Avenue And 44th Street Flooding Mitigation F) Status Report: Palm & Hibiscus lsland
Undergrounding G) Status Report: FlamingoNVest Avenue ROW H) Status Report: South Pointe
Phase II Neighborhood Improvement Project. (Page 47)
Consent Agenda, October 27,2010
C7 - Resolutions
C7A A Resolution Retroactively Approving And Authorizing The City Manager Or His Designee To Submit
Grant Applications To: 1) Florida Recreation Development Assistance Program (FRDAP) For Funding
In The Amount Of $200,000 For The Renovation Of The Handball Courts At Flamingo Park; 2)
Federal Emergency Management Agency (FEMA) For Funding In An Amount Not To Exceed $72,000
From The Pre-Disaster Mitigation Grant Program For Impact Resistant Doors And Windows At The
Miami Beach Botanical Garden; 3) Federal Emergency Management Agency (FEMA) For Funding
From The Pre-Disaster Mitigation Grant Program In An Amount Not To Exceed $1 12,500 For A Storm
Drainage Study; 4) Department Of Homeland Security For Urban Area Security Initiative (UASI)
Funds An Amount Not To Exceed $350,000 For The City's Homeland Security Needs; 5) Miami-Dade
County Homeless Trust For Funding In An Amount Not To Exceed $64,000 For The City's Homeless
Program; 6) State Of Florida Department Of Environmental Protection, Coastal Partnership Initiative
For Funding In An Amount Not To Exceed $50,000 For Dune Restoration; 7) State Of Florida
Legislature, In The Form Of Community Budget Issue Requests (CBIRS), In An Amount Not To
Exceed $10,000,000 For Funding For Stormwater, Drinking Water And Wastewater Infrastructure
Improvements; Appropriating The Above Grants, And Matching Funds As Necessary If Approved And
Accepted By The City, And Authorizing The Execution Of All Necessary Documents Related To
These Applications. (Page 57)
(Budget & Performance Improvement)
C7B A Resolution Waiving, By 517th Vote, The Competitive Bidding Requirement, Finding Such Waiver To
Be In The Best Interest Of The City, And Approving And Authorizing The Mayor And The City Clerk
To Execute Utility Construction Agreements For The Underground Placement Of All Overhead
Facilities Along 22nd Street, From Collins Avenue To Park Avenue, With The Following Utilities Or
Their Contractors: AT&T, In The Amount Of $63,720.00, And Atlantic Broadband, In The Amount Of
$35,734.00; Further Approving And Authorizing The City Manager To Execute An Agreement With
Gulf Coast Real Estate Consultants, Inc., (Utility Contractor For Sprint), In The Amount Of
$19,955.64; With Funding Available From Previously Appropriated Funds In The City Center RDA
Capital Fund 365. (Page 69)
(Capital Improvement Projects)
C7C A Resolution Approving A Memorandum Of Understanding (MOU) Between The City And The City Of
Coral Gables Authorizing The City Attorney's Office To Provide Legal Services, To The City Of Coral
Gables In Connection With Recovery Of Monies And/or Property Pursuant To The Florida
Contraband Act (I.E. Forfeitures Collections). (Page 83)
(City Attorney's Office)
C7D A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A First Amendment To
The Interlocal Agreement Between The City And The School Board Of Miami-Dade County, Florida,
Providing For The School Board's Construction Of Certain lmprovements On The City's Right Of Way
Along Portions Of Prairie Avenue And Dade Boulevard (As Originally Approved Pursuant To City
Resolution No. 2007-26478); Said Amendment Providing For The City's Design And Construction Of
Certain Remaining lmprovements On The Right Of Way, In Consideration Of The Board's Payment
Of $21 5,074. (Page 85)
(City Attorney's Office)
(Memorandum & Resolution To Be Submitted In Supplemental)
Consent Agenda, October 27,2010
C7 - Resolutions (Continued)
C7E A Resolution Re-Appointing Mr. Warren Bittner, Esq. To Serve As Special Master For Appeals Of
Decisions Of The City's Historic Preservation Board Until September 16, 2013, And Setting The
Compensation At $100.00 Per Hour With A Maximum Payment Of $500.00 Per Case. (Page 87)
(City Clerk's Office)
(Deferred from September 15, 201 0)
C7F A Resolution Electing Commissioner Michael Gongora, Group Ill, As Vice-Mayor For A Term
Commencing On November 1, 2010, And Terminating On February 28, 2011, Or On Such Date
When A New Vice-Mayor Is Thereafter Elected. (Page 91)
(City Clerk's Office)
C7G A Resolution Accepting The Recommendation Of The City Manager Pursuant To Request For
Proposals (RFP) No. 46-0911 0 For A Medical Services Provider For The Provision Of Various Medical
Services That May Be Required By The City Of Miami Beach, And Other Local, State, And Federal
Laws; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Firm Of
Health Care Center Of Miami, And Should The Administration Not Be Able To Negotiate An
Agreement With The Top-Ranked Firm, Authorizing The Administration To Negotiate With The
Second-Ranked Firm Of Jackson Health System ; And Further Authorizing The Mayor And City Clerk
To Execute An Agreement Upon The Completion Of Successful Negotiations By The Administration.
(Page 95)
(Human Resources)
C7H Alton Road Historic District Buffer Overlay - Setting First Reading Public Hearing
A Resolution Setting A First Reading Public Hearing To Consider Amending Chapter 142, "Zoning
Districts And Regulations," Article Ill, "Overlay Districts,'' Creating Division 8 "Alton Road - Historic
District Buffer Overlay," By Including Section 142-858 "Location And Purpose," And Section 142-859
"Development Regulations,: Including Among Other Provisions Regulations On Maximum Floor Area
Ratio; Maximum Building Height; Minimum Setbacks; Building Separation; Demolition Or Additions
To Contributing Buildings In An Historic District; And Land Use Regulations For Location Of Retail
Uses, Restaurants, Bars, Entertainment Establishments, Alcoholic Beverage Establishments And
Similar Uses; Requiring Conditional Use Approval Of Such Uses In Excess Of 20,000 Sq. Ft.; And
Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Exceptions As
Prescribed In The Ordinance. (Page 105)
(Planning Department)
C71 A Resolution Authorizing The City Manager, And The City Clerk To Execute A Voluntary Cooperation
And Operational Assistance Mutual Aid Agreement With The Town Of Golden Beach, Florida, For
The Purpose Of Coordinating Law Enforcement Planning, Operations, And Mutual Aid Benefit
Between The City Of Miami Beach And The Town Of Golden Beach, Florida. (Page 117)
(Police Department)
vii
Consent Agenda, October 27,201 0
C7 - Resolutions (Continued)
C7J A Resolution Authorizing The City Manager, And The City Clerk To Execute A Memorandum Of
Understanding Between The City Of Miami Beach, On Behalf Of The Miami Beach Police
Department, And The Federal Bureau Of Investigation, South Florida Violent Crime Fugitive Safe
Streets Task Force, Which Serves The Purpose Of Identifying And Prosecuting Criminal Enterprise
Groups Or Individuals Responsible For Violent Crimes, And The Apprehension Of Dangerous
Fugitives. (Page 121)
(Police Department)
C7K A Resolution Approving The Following With Regard To The Proposed Florida Department Of
Transportation (FDOT) Construction lmprovements On Abbott Avenue And Collins Avenue (State
Road A1 A): I) Approving And Authorizing The Mayor And City Clerk To Execute License Agreements
With FDOT To Allow The FDOT Contractor To Harmonize The Grades Between The City Owned
Property In The Project Area And The Project Improvements; And 2) Approving The Granting Of Four
(4) Perpetual Easements To FDOT For Maintenance And lmprovements Of, Respectively, A Control
Box, Pedestrian Ramps, And A Sidewalk On City Property Within The FDOT Project Area.
(Page 125)
(Public Works)
C7L A Resolution Authorizing The Reallocation Of $361,390 In Previously Appropriated Construction RDA
Funds, And $36,139 In Project Contingency RDA Funds, For A Total Of $397,529, From The Right Of
Way (ROW) lnfrastructure lmprovements Project For Neighborhood No. 9A, City Center Historic
District, To The FY 20091201 0 Stormwater Pipe - Repairs Capital Project, For The Rehabilitation Of
The Stormwater Pipe Located Along Washington Avenue, Between 18th And 20th Streets; And
Approving A Change Order, In A Not To Exceed Amount Of $361,390, To The Agreement Between
The City And M. Vila And Associates, Inc., For The Right Of Way (ROW) lnfrastructure lmprovements
Project For Neighborhood No. 9A, City Center Historic District. (Page 155)
(Public Works)
C7M A Resolution Approving Amendment No. 1 To That Certain Lease Agreement By And Between The
City And ECOMB, Inc., Dated December 9, 2009, For The Lease Of Approximately 1,251 Square
Feet Of City-Owned Property, Located At 210 Second Street, Miami Beach, Florida: Said Amendment
Providing For A New Reimbursement Fee Of Water And Sewer Costs; Further Authorizing The Mayor
And City Clerk To Execute The Amendment. (Page 169)
(Real Estate, Housing & Community Development)
C7N A Resolution Approving Amendment No. 1 To That Certain Lease Agreement By And Between The
City And Miami Beach Film Society, Inc., Dated December 9,2009, For The Lease Of Approximately
2,523 Square Feet Of City-Owned Property, Located At 1 130 Washington Avenue, 1 st Floor South,
Miami Beach, Florida; Said Amendment Providing For An Additional Five (5) Month Rent Abatement;
Further Authorizing The Mayor And City Clerk To Execute The Amendment. (Page 177)
(Real Estate, Housing & Community Development)
viii
Consent Agenda, October 27,2010
C7 - Resolutions (Continued)
C70 A Resolution Approving And Authorizing The City Manager To Issue A Certification Of Consistency
With The City's Consolidated Plan To The Miami-Dade County Homeless Trust For Its Application Of
Funding (Through The U.S. Department Of Housing And Urban Development's Super Notice Of
Funding Availability) For Douglas Gardens Community Mental Health Center Of Miami Beach's
Application For Funding For A 12-Bed Shelter Plus Care Program At The Mayfair Residence, Located
At 1960 Park Avenue, Miami Beach, Florida; Further Authorizing The City Manager To Execute Any
Subsequent Certifications Of Consistency With The City's Consolidated Plan For Renewal
Applications Of HUD Funding For The Aforesaid Project. (Page 187)
(Real Estate, Housing & Community Development)
C7P A Resolution Approving The Implementation Of The Miami-Dade County Homeless Trust'sAdopt-A-
Homeless Donation Meter Campaign Program In The City; Which Program Will Provide Entities And
Individuals An Opportunity To Contribute To Miami-Dade County's Homeless Programs As An
Alternative To Giving Money To Panhandlers; And Authorizing The City Manager To Take Any Action
Necessary To Implement This Program. (Page 193)
(Real Estate, Housing & Community Development)
End of Consent Aaenda
Presentations and Awards
PA1 Certificates Of Recognition To Be Presented To Earl Allen And Claudio Jurado In
Recognition Of 50 Years Of Service To Mount Sinai And The Miami Beach Community.
(Requested by Mayor Matti Herrera Bower)
PA2 Presentation Of Sister Cities Plaque By Sister Cities Committee Chairman George
Neary.
(Requested by Mayor Matti Herrera Bower)
PA3 Certificates Of Achievement To Be Presented To The 2010 Information Technology
Summer Internship Program Participants.
(Requested by Mayor Matti Herrera Bower)
PA4 Certificates Of Appreciation To Be Presented To Officer Of The Month Awardees From
The Miami Beach Police Department.
(Requested by Vice-Mayor Jorge Exposito)
PA5 Certificate Of Appreciation To Be Presented To "Las Maraqueras," From The Little
Havana Activities & Nutrition Centers Of Dade County.
(Requested By Commissioner Michael Gongora)
PA6 Proclamation To Be Presented In Honor Of Hispanic Heritage Month.
(City Manager's Office)
PA7 Key To The City To Be Presented To Christian Mejia For His Military Service.
(Requested by Commissioner Jerry Libbin)
AGENDA ITEM: PA1 -7
DATE: 10127/10
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
Request for Approval to Award Job Order Contracts to the Following Contractors Pursuant to Invitation to Bid No. 37-
09/10, for Job Order Contract - Streetscape Utilities Construction Projects: Envirowaste Services Group, Inc.,
Harbour Construction, Inc., M. Vila & Associates, Inc., Metro Express, Inc., Ric-Man Construction, Inc., Trans Florida
Development Corp., and Williams Paving Co.; Authorize the Administration to Negotiate the Adjustment Factors with
Each Contractor; and Authorize the Mayor and City Clerk to Execute Contracts upon Completion of Successful
Negotiations by the Administration.
Key Intended Outcome Supported: I Ensure well-maintained infrastructure
Supporting Data (Surveys, Environmental Scan, etc.):
According to the City's 2007 Community Satisfaction Survey, 84% of City residents rated recent capital projects I 1 completed as "excellent" or "good." I
To date, the current JOC system implemented in July 2009 has produced over 160 projects totaling approximates $23
million. The CIP Office also anticipates capital projects totaling approximately $200 million to begin construction in
FYI011 1. Besides the formal bid process, this additional JOC contract award would enable CIP and Public Works to
expedite these capital projects.
Issue:
After considering the review and recommendation of the TRP, the City Manager exercised his due diligence and
recommends to the Mayor and City Commission, in addition to the contractors being recommended by the TRP, that
Harbour Construction, Inc. and Metro Express, Inc. be included for contract award as a result of performance on other
City projects and the low adjustment factors proposed by each.
Shall the City Commission approve the award of contracts, authorize the Administration to enter into negotiations, and
authorize the Mayor and City Clerk to execute all contractual agreements thereto?
Item SummarylRecommendation:
Job Order Contracting (JOC) is a competitively bid, firm-fixed price indefinite-quantity construction contract under
which the Contractor will perform a variety of work at different project locations. The scope of work under the JOC
contracts shall be determined by individual job orders. Upon receipt of a Notice to Proceed, the Contractor shall
furnish scope documentation services, shop drawings, samples, management, documentation, materials, supplies,
parts (to include system components), transportation, plant, supervision, labor, and equipment needed to perform the
work at designated City properties. The projects will include, but shall not be limited to, repair, alteration,
modernization, maintenance, rehabilitation, demolition and construction of utilities infrastructure and right-of-way
restoration.
Upon approval from the Mayor and City Commission, the Administration intends to negotiate the award criteria factors
with the recommended firms in a similar fashion as to how it was accomplished for the current JOC contractors. The
average from the proposed award criteria for each of the contractors being recommended is 1.0315. This average will
establish the maximum award criteria value for each JOC classification. All contractors that proposed an award
criteria above the established averages would need to reduce their proposed values to meet these established
maximum award criteria values. Any firms at or below the established averages shall be awarded contracts based on
their proposed award criteria. Establishing the maximum award criteria values helps to accurately reflect the current
market conditions per JOC classification and ensure greater savings to the City.
.
Advisory Board Recommendation:
I I . .. . .
Total
I
NIA
Financial Information:
I . - ..~- . .. . - .J
City Clerk's Office Legislative Tracking: 1 Gus Lopez Ext. 6441 1
Source of
Funds:
AGEMDA ITEM caA
DATE /o-27-Id
Amount I Account ( Approved
I I NIA I I
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager &wub
DATE: October 27, 201 0
SUBJECT: REQUEST FOR APPROVAL TO AWARD JOB ORDER CONTRACTS TO
THE FOLLOWING CONTRACTORS PURSUANT TO INVITATION TO BID
(ITB) 37-09/10, FOR JOB ORDER CONTRACT - STREETSCAPE
UTILITIES CONSTRUCTION PROJECTS: ENVIROWASTE SERVICES
GROUP, INC., HARBOUR CONSTRUCTION, INC., M. VILA &
ASSOCIATES, INC., METRO EXPRESS, INC., RIC-MAN CONSTRUCTION,
INC., TRANS FLORIDA DEVELOPMENT CORP., AND WILLIAMS PAVING
CO.; AUTHORIZE THE ADMINISTRATION TO NEGOTIATE THE
ADJUSTMENT FACTORS WITH EACH CONTRACTOR; AND AUTHORIZE
THE MAYOR AND CITY CLERK TO EXECUTE CONTRACTS UPON
COMPLETION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
ADMINISTRATION RECOMMENDATION
Approve the award of contracts, authorize the Administration to enter into negotiations, and
authorize the Mayor and City Clerk to execute all contractual agreements thereto.
FUNDING AND CONTRACT TERMS
Funds are available from the capital improvements budget accounts allocated to City
Departments and/or Divisions, subject to Office of Budget and Performance Improvement
review. The maximum values for each contract shall be $5 million ($5,000,000) annually
over four (4) years.
The initial term of each JOC contract is 12 months and may be renewed for three (3)
additional one-year periods at the City's sole discretion. The renewal options may be
exercised when the annual maximum value is reached or when the year expires, whichever
occurs first.
ANALYSIS
Job Order Contracting (JOC) is a competitively bid, firm-fixed price indefinite-quantity
construction contract under which the Contractor will perform a variety of work at different
project locations. The Scope of Work includes a collection of detailed repair, construction
and demolition tasks with related performance specifications and pre-established unit prices.
The contracts are for repair, alteration, modernization, maintenance, rehabilitation,
Commission Memorandum - ITB-37-09/10 - Job Order Contracting - Streetscapes
October 27, 2010
Page 2 of 6
demolition and construction of utilities infrastructure and right-of-way restoration. Work is
accomplished by means of issuance of a Job Order against the contract. Under JOC, the
Contractor is required to furnish all management, documentation, labor, materials and
equipment needed to perform the work including scope documentation services to support
individual Job Orders.
In 2003, recognizing the City's dynamic environment and the need for a more responsive
contracting technique for the accomplishment of maintenance, repair and construction
projects, the City implemented a JOC system as an innovative contracting system to
enhance responsiveness while providing a higher level of quality work at a lower cost. The
JOC system has proven to be a successful and cost-effective procurement approach that
has earned itself top honors for best practices in public procurement by the National Institute
of Governmental Purchasing.
To date, the current JOC system implemented in July 2009 has produced over 160 projects
totaling approximates $23 million. The CIP Office also anticipates capital projects totaling
approximately $200 million to begin construction in FYI011 1. Besides the formal bid
process, this additional JOC contract award would enable CIP and Public Works to expedite
these capital projects.
SCOPE OF WORK
The scope of work under the JOC contracts shall be determined by individual job orders.
Upon receipt of a Notice to Proceed, the Contractor shall furnish scope documentation
services, shop drawings, samples, management, documentation, materials, supplies, parts
(to include system components), transportation, plant, supervision, labor, and equipment
needed to perform the work at designated City properties. The projects will include, but
shall not be limited to, repair, alteration, modernization, maintenance, rehabilitation,
demolition and construction of utilities infrastructure and right-of-way restoration.
BID PROCESS
The Gordian Group developed an updated catalog that accurately reflects current market
conditions. As part of the new 40C system, the Gordian Group has also agreed to update
the Construction Task Catalog (CTC) unit prices on an annual basis to ensure consistency
and accuracy.
Based on the results of the City's JOC program coupled with the high volume of
construction-related projects, the City issued ITB 37-09/10 on July 13, 2010. A pre-bid
conference was held on July 23, 2010, to discuss the JOC concept and contract documents,
the City's construction program, and bid considerations.
Prospective bidders were required to submit a "bid" on all work contained in the unit price
book by quoting adjustment factors that would be applied for work accomplished during: 1)
normal working hours; 2) other than normal working hours; and 3) items not priced in the
Construction Task Catalog. These three (3) adjustment factors represent the contractor's
only adjustment to the prices published in the Construction Task Catalog and must include
all indirect cost such as overhead, profit, payment and performance bonds, insurance,
design and contingency costs.
Commission Memorandum - ITB-37-09/10 - Job Order Contracting - Streetscapes
October 27, 2010
Page 3 of 6
For example, an adjustment factor of 15% would be bid as 1.15. During the execution of the
contract the unit price of a specific construction task is multiplied by the appropriate
adjustment factor to obtain the final price to be paid for a specific construction task. The
adjustment factor for each company is provided below. JOC represents a competitively bid,
firm fixed-price contract since all the prices and the adjustment factors are established
before the contract is executed.
All interested bidders were provided a copy of the Project Manual and with a Compact Disc
containing the following:
The Unit Price Book containing over 100,000 construction tasks and material items.
Each item and task contains a description, unit of measurement, and unit price. Each
unit price contains locally-developed direct costs for material, equipment, and labor.
The construction tasks encompass all aspects of construction work.
Detailed technical specifications for each of the construction tasks incorporating the
City's own specifications.
The legal terms and conditions that contain the specific contract language regarding
the execution of the contract.
The JOC contract includes a Construction Task Catalog. The CTC was developed for the
City and is based on the use of experienced labor and high-quality materials. It also
incorporates local activity, climate, and geographic features. As work requirements are
identified, the City and Contractor will jointly scope the work at a Joint Scope Meeting. The
Contractor will be given a Request for Proposal and a Detailed Scope of Work. The
Detailed Scope of Work may reference design documents. The Contractor will be required
to review the tasks, quantities and the applicable Adjustment Factor. If the Contractor's
Proposal is found reasonable and acceptable, a Job Order may be issued. The resulting
price shall be a lump sum, firm-fixed price for the completion of the Detailed Scope of Work.
BID RESULTS I DETERMINATION OF AWARD
Bidsync issued bid notices to 4,192 prospective bidders which resulted in the receipt of the
following sixteen (1 6) bids on August 30, 201 0:
Envirowaste Services Group, Inc.
FHP Tectonics, Inc.
H.A. Contracting Corp.
Harbour Construction, Inc.
Horizon Contractors, Inc.
JCI International, Inc.
M. Vila & Associates, Inc.
Matrix Construction Group, Inc.
Metro Express, Inc.
Ric-Man Construction, lnc.
Team Contracting, Inc.
Trans Florida Development Corp.
Williams Paving Co.
Commission Memorandum - 17-5-37-09/10 - Job Order Contracting - Streetscapes
October 27, 2010
Page 4 of 6
A Technical Review Panel (TRP) consisting of the following individuals reviewed all
responsive bids received:
Mike Alvarez, Assistant Director, Public Works
Jorge Cano, Administrative and Business Officer, CIPIPublic Works
Charles Fossler, Senior Capital Projects Coordinator, CIP
Gus Lopez, Director, Procurement Division
Aaron Sinnes, Senior Capital Projects Coordinator, CIP
On September 24, 2010, the TRP convened to shortlist the following contractors based on
the following criteria:
25 Points - Experience and Qualifications of Business Entity
25 Points - Adjustment Factors
10 Points - Past Performance Surveys and City's Due Diligence
On October 6, 2010, the Evaluation Committee interviewed each of the shortlisted
contractors. In addition to the scored criteria used to shortlist, contractors were also scored
on their interviews potentially for an additional 50 points. As a result, the following
companies were recommended by the TRP for contract award to the City Manager:
CITY MANAGER'S REVIEW
After considering the review and recommendation of the TRP, the City Manager exercised
his due diligence and recommends to the Mayor and City Commission, in addition to the
contractors being recommended by the TRP, that Harbour Construction, Inc. and Metro
Express, lnc. be included for contract award as a result of performance on other City
projects and the low adjustment factors proposed by each.
Upon approval from the Mayor and City Commission, the Administration intends to negotiate
the award criteria factors with the recommended firms in a similar fashion as to how it was
accomplished for the current JOC contractors. The average from the proposed award
Commission Memorandum - ITB-37-09/10 - Job Order Contracting - Streetscapes
October 27, 2010
Page 5 of 6
criteria for each of the contractors being recommended is 1.0315. This average will
establish the maximum award criteria value for each JOC classification. All contractors that
proposed an award criteria above the established averages would need to reduce their
proposed values to meet these established maximum award criteria values. Any firms at or
below the established averages shall be awarded contracts based on their proposed award
criteria. Establishing the maximum award criteria values helps to accurately reflect the
current market conditions per JOC classification and ensure greater savings to the City.
COMPANY PROFILES
Envirowaste Services Group - Since 1998, Envirowaste Services Group (ESG), a current
horizontal JOC Contractor for the City, has provided horizontal construction services
concentrating mainly in sanitary sewer projects. Notable projects include several sanitary
sewer rehabilitation projects for the City of Miami Beach, Dallas, TX, and Miami-Dade
County. Also, ESG has been listed recently in Hispanic Business magazine as "One of the
500 Largest" Hispanic companies in the U.S., and as one of the "Fastest Growing 100
Hispanic Companies" in the US. Inc. Mauazine also noted ESG as one of the "100 Fastest
Growing Inner City Companies" in the US and one of the 5000 "Fastest Growing Private
Businesses" in the US.
Harbour Construction, Inc. - Harbour Construction, Inc., a current vertical JOC Contractor
for the City, has been providing general contracting services to South Florida since 2003.
Harbour Construction, Inc. recently completed the 35th Street Bathroom Facility for the City
of Miami Beach which consisted of construction the facility in addition to the installation of
underground utilities. This company has also performed as a utility contractor for several
private companies in the construction of several facilities.
M. Vila & Associates, Inc. - M. Vila & Associates, Inc. has been involved in over 250
constructions in South Florida since 1976. This company specializes in land development,
earthwork, drainage, water and sewer systems, road restoration, road enhancements,
asphaltic paving, concrete paving, bridge and general building construction. M. Vila &
Associates, Inc. recently completed general construction projects for the City of Doral,
Village of Key Biscayne, City of South Miami, and the City of Miami Beach which included
right-of-way improvements consisting of road rehabilitation, water main replacements,
underground utilities, drainage, and sidewalk reconstruction.
Metro Express, Inc. - Since 1996, Metro Express, Inc. has been providing construction
services to South Florida. Specifically, this company managed the renovation of Collins
Park for the City of Miami Beach and stormwater and right-of-way repairs for the City of
Miami and the City of Coral Gables. Metro Express, Inc. was previously a horizontal JOC
Contractor under ITB 36-06/07 and is currently a JOC Contractor for the City of Miami
performing in various construction projects.
Ric-Man Construction, Inc. - Ric-Man Construction, Inc. has been providing general
contracting services since 2004 focusing mainly on sanitary sewer and water main
installation, drainage pipe and structure installation, as well as, all other grade work. Ric-
Man Construciton, Inc. has performed on various construction projects for the City of Fort
Lauderdale, Miami-Dade Water and Sewer, and the City of Boca Raton to install
underground utilities, road reconstruction, and site restoration.
Commission Memorandum - ITB-37-09/10 - Job Order Contracting - Streetscapes
October 27, 2010
Page 6 of 6
Trans Florida Development Corp. - Trans Florida Development Corp. is a state-certified
Underground Utility and Excavation Contractor for 13 years and has been directly involved
in land development for commercial, residential and public projects, such as roadways,
bridges, street lighting, storm water drainage systems, water distribution systems, sanitary
sewer systems, and sewage lift stations. Trans Florida Development Corp. recently
completed a sanitary sewer and water distribution project in Key Biscayne, which included
the replacement of 23,000 LF of water main and over 27,000 LF of sanitary sewer with a lift
station and force main. The project also included restoration of streets, swales,
roundabouts, sidewalks and driveways. Trans Florida Development Corp. was also awarded
a contract by the City for South Pointe Phases Ill, IV, and V for ROW improvements.
CONCLUSION
It should be noted that the City's regular process of considering the price for projects and its
standard process for bidding construction projects has resulted in a price that is reflective of
the current market. At present, it appears that the market is very competitive and that the
City will continue to receive bids that are lower than those received in the past year or so.
The public procurement process, which is an open and competitive, transparent process,
has again served the City to provide a competitive price for this project, as it has in the past.
The Administration recommends that the Mayor and City Commission award contracts to the
following contractors pursuant to Invitation to Bid (ITB) 37-09/10 - for Job Order Contract -
Streetscape Utilities Construction Projects: 1. Envirowaste Services Group, Inc., 2. Harbour
Construction, Inc., 3. M. Vila & Associates, Inc., 4. Metro Express, Inc., 5. Ric-Man
Construction, Inc., 6. Trans Florida Development Corp., and 7. Williams Paving Co.; and
authorize the Administration to enter into negotiations with the recommended Contractors,
and upon completion of successful negotiations by the Administration, authorize the Mayor
and City Clerk to execute all contractual agreements thereto.
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE :
embers 3f the City Commission
October 27, 201 0
SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE -
DISCUSSION REGARDING THE ISSUANCE OF A REQUEST FOR PROPOSALS
(RFP) TO AWARD A CONCESSION AGREEMENT FOR THE MANAGEMENT AND
OPERATION OF A HOP-ON HOP-OFF CITY BUS TOUR SERVICE FROM VARIOUS
LOCATIONS IN THE CITY.
ADMINISTRATION RECOMMENDATION
Refer the matter to the Finance and Citywide Projects Committee for discussion.
ANALYSIS
Hop-on hop-off city tours, also often known as Loop Tours, provide a quick and convenient way
to get an overview of a city. They are frequently used by visitors on their first day or two in a
new city as it quickly gives them an overview of how the area is laid out, while a tour guide
provides a history and interesting facts of the city as well. After seeing most of the major sites
via the hop-on hop-off bus, tourists can then determine an itinerary for the rest of the their stay,
deciding which area of the city they want to visit again on their own.
Hop-on hop-off tours are also used by visitors who only have a very short amount of time in an
area as it enables them to cover a lot of ground in a short period of time and experience most of
the major attractions of a city.
Gray Line Miami (Gray Line) began operating a hop-on hop-off sightseeing tour in Miami-Dade
County in January 2010. The service is similar to other city sightseeing tours in New York,
Chicago, Washington, D.C., San Francisco, Paris, and London, to name a few. The service
runs daily, originating from their central station at Bayfront Park in Downtown, Miami, with two
loops: the Beach Loop and the City Loop. In order to start the tour service, Gray Line entered
into an agreement with Miami-Dade Transit to use bus stops throughout Miami Beach and
Miami-Dade County for each stop of the tour. In addition to those stops, the City currently
provides Gray Line with a stop on Ocean Drive, and just added a stop at the Fillmore Miami
Beach at the Jackie Gleason Theater. Each stop on the tour is serviced on 60 minute intervals,
allowing enough time to see points of interest or to patronize area businesses. While on the
bus, participants also enjoy a multi-lingual, GPS triggered narration of the city. Additionally,
Gray Line also sells tours offered by the Miami Design Preservation League (MDPL),
boatlcruise tours, Everglades tours, and tickets to area museums and attractions.
Agenda Item C Y&
Date lo-27-1~
Commission Memorandum
Hop On Hop Off City Tour Concession RFP Referral
October 27,2010
Page 2 of 2
Although there are many other types of tours offered in Miami, prior to Gray Line starting the
hop-on hop-off city tour in January 2010, Greater Miami was one of the only major market cities
in the United States that did not have a hop-on hop-off city tour. The service has been so well
received by tourists that Gray Line is considering expanding their fleet of vehicles to include
open-air double deck buses.
Gray Line recently approached the City about partnering to add kiosks at key locations in Miami
Beach, to increase their visibility and ridership. In other cities where Gray Line provides this
service, on-street kiosks are handled through a permit or license. However, in Miami Beach the
City Code doesn't allow for the sale of goods or services from the public right-of-way. A
concession agreement would be required if the City desired to offer this service.
As tourism is vital to the economic well-being of the community and the City is constantly
looking at opportunities to expand entertainment options for tourists, the Administration believes
the issuance of an RFP for a concession agreement to allow for a hop-on hop-off operator to
install kiosks at various locations in the City is worth discussing. An RFP as currently
contemplated would also allow the operator to sell tickets for other tours and tourist attractions.
The City is also considering including, as a second level of service, the inclusion of a nighttime
circulator linking the 5'h street and Alton Road garage with the entertainment district. Based on
some preliminary research, staff believes this has the ability to generate additional revenue for
the City while providing a valuable service for tourists. Although Gray Line is the only operator
of this service currently in our market, there are several other companies that provide this
service in other cities around the world. If an RFP were issued, the Administration would ensure
that all known companies are afforded an opportunity to respond.
CONCLUSION
The Administration recommends that the Mayor and the City Commission refer the matter to the
Fina ce and Citywide Projects Committee for further discussion. R
T:\AGENDA\2010\0ctober 27\Consent\Referral to FCWPC Discussion of Hop On Hop Off Concession RFP.doc
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miarnibeachfl.gov
COMMISSION MEMORANDUM
Members of the City Commission
b
DATE: October 27, 201 0
SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMllTEE TO
DISCUSS A PROPOSED LEASE OF APPROXIMATELY 2216 SQUARE FEET OF
CITY-OWNED PROPERTY LOCATED AT 22 WASHINGTON AVENUE, MIAMI
BEACH, FLORIDA, FOR THE PURPOSE OF ACCOMODATING AN OUTDOOR
CAFE ASSOCIATED WITH A RESTAURANT OPERATION LOCATED AT 816
COMMERCE STREET, WHICH IS DIRECTLY ADJACENT TO AND WEST OF THE
SUBJECT CITY PROPERTY.
ADMINISTRATION RECOMMENDATION
Refer the item to Committee for discussion.
BACKGROUND
On July 6, 2010, the City received an offer to lease a City-owned 2,216 square foot vacant
parcel located at 22 Washington Avenue, which is adjacent and east of 816 Commerce Street, a
privately owned two-story commercial building. The City-owned parcel, which is a public right-
of-way, is a remaining portion of an undeveloped parcel that was intended to be used in
connection with the expansion of Washington Avenue. Due to its limited size and shape, the
property serves little more than to provide access to 816 Commerce Street. The proposal to
lease the space is from a restaurateur who proposes to place tables and chairs on the City-
owned site to supplement the interior seating in the adjacent, privately-owned restaurant.
As you may recall, the City has been approached by other restaurant operators in the past
regarding the use of the site. In 2006, the City Commission approved a Lease Agreement with
Manpriya, Inc. for use of the site, and the lease was fully executed; however, the project was
never developed. In 2009, the City Commission approved a Lease Agreement with Moon Thai
South Beach, Inc., for use of the site as an out-door cafe. The lease terms approved were
substantially the same as a previous lease agreement, with an initial base rent of $25 per
square foot or 3% of sales. As had occurred previously, the proposed tenant failed to develop
the site for its intended use and the lease terminated for non-payment of rent.
CONCLUSION
The Administration recommends that the City Commission refer discussion regarding the
ase of the City-owned property located at 22 Washington Avenue to the Finance
Projects Committee for discussion.
JM kob
T:\AGENDA\2010\0ctober 27\Consent\22 Washington Ave referral.MEM.doc
Agenda Item C(/q
Date /04-7-/3
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MEMORANDUM
TO: Jorge Gonzalez, City Manager
FROM: Michael Gongora, Commissioner
DATE: 1011 511 0
SUBJECT: Referral ltem for October 27 Commission Meeting
Please place on the October 27 Commission meeting consent agenda a referral
to the Land Use Committee for a discussion on a stricter panhandling ordinance.
Please find attached information on what other cities have done. It is also my
understanding that the City of Miami and City of Hollywood have developed
stricter ordinances. If you have any questions please feel free to contact my aide
Diana Fontani at ext 6087.
Agenda Item CYC
Date /0#27-/d
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
@.I 99: 13
I o ocr zgta@q:T - . . ... . .:\ . -
TO: Jorge Gonzalez, City Manager
FROM: Michael Gongora, Commissione
DATE: October 19, 201 0
SUBJECT: Referral ltem to Neighborhoods for October 27 Commission Meeting
Please place on the October 27 Commission meeting consent agenda a referral
to the Neighborhoods committee meeting for a discussion on the excessive use
of sign advertising "cheap meals" and the like at restaurants on Lincoln Road and
Ocean Drive. If you have any questions please feel free to contact my aide
Diana Fontani at ext 6087.
Agenda ltem Cl/n
Date /O-a7-/0
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO : Jorge Gonzalez, City Manager
FROM: Michael Gongora, Commissione
DATE: October 19, 201 0
SUBJECT: Referral Item to Neighborhoods for October 27 Commission Meeting
Please place on the October 27 Commission meeting consent agenda a referral
to the Neighborhoods committee meeting for a discussion on the mapping of Old
Alton Road on Miami Beach. Please have administration contact FDOT in
regards to the process and report back to Neighborhoods. If you have any
questions please feel free to contact my aide Diana Fontani at ext 6087.
Agenda Item c
Date 10-37-/0
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
r..* <,n ,:,-* ;-.; .- .
1 :-. ,
i... .- .
- -r
Jorge Gonzalez, City Manager .- . -----.---.-- -- .
I
Jerry Libbin, Commissioner
October 19, 201 0
SUBJECT: Consent Agenda item for the October 27,20 10 Commission meeting; a referral to
the Finance and Citywide Proiects Committee proposing a refund of the Miami Beach Millage
lncrease
Please place on the consent agenda a referral item to the Finance and Citywide Proiects
Committee; a proposal to refund Miami Beach Millage lncrease to the residents of Miami
Beach.
Now that the millage increase has been approved, the Commission and Administration have
more time to further explore revenue generating ideas and cuts to balance the budget and
offer a tax refund.
Please contact my office at ext. 71 06 if you have any questions.
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MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miarnibeachfl.gov
COMMISSION MEMORANDUM
TO: of the City Commission
FROM:
DATE: October 27,201 0
SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO DISCUSS A
REQUEST FROM MYSTERY PARKS ARTS COMPANY, INC. FOR AN AMENDMENT TO
ITS LEASE AGREEMENT
ADMINISTRATION RECOMMENDATION
Refer the item to Committee for discussion.
BACKGROUND
SoBe Arts Institute currently has a Lease Agreement for the use of an approximately 3,080 square
foot facility known as the Carl Fisher Clubhouse, located within the 21St Street Community Center
Complex, 2100 Washington Avenue, and the approximately 2,295 square foot building known as the
"Little Stage Theater" located in the same complex. The Lease Agreement entitles SoBe Arts to a five-
year lease term with renewal options (two additional option terms of two years each) at the City's sole
discretion. The Base Rent is $1.20 per year and the Additional Rent to cover SoBe Arts' proportionate
operating expenses is $10,464 per year, payable in monthly installments of $872 per month
(calculated based on $500 for the Clubhouse and $372 for the Little Stage Theater). Pursuant to the
Lease Agreement, the City also receives fifteen percent (15%) of any gross revenues derived from
third party rentals of the facility.
SoBe Arts has requested a credit of rent paid during the renovation of the Little Stage Theater facility,
which resulted in their inability to operate in the leased space during that time and generate necessary
revenue to cover their expenses. A rent abatement or credit requires a lease amendment.
CONCLUSION
The Administration recommends that the City Commission refer SoBe Arts' request for an amendment
to its Lease Agreement to the Finance and Citywide Projects Committee for discussion.
JMGIHFIAP
T:\AGENDA\2010\0ctober 27\Consent\MYSTERY PARKS ARTS CO referral.MEM.doc
Agenda Item CY6-
Date 10 -6L7-/i
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MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: mbers of the City Commission
FROM:
DATE: October 27, 201 0
SUBJECT: REPORT OF THE NElGHBORHOODSlCOMMUNITY AFFAIRS COMMITTEE
(NCAC) MEETING HELD ON TUESDAY, AUGUST 31,2010.
A meeting of the Neighborhoods/Community Affairs Committee (NCAC) was held on
Tuesday, August, 31 2010 at 2:30pm in the City Manager's Large Conference Room, 4th
Floor, City Hall. Commissioners in attendance: Mayor Matti Herrera Bower (2:49pm -
3:59pm), Vice-Mayor Jorge Exposito, Commissioners Jerry Libbin, Edward L. Tobin, and
Jonah Wolfson (3:OOpm - 4:24pm). Members from the Administration and the public were
also in attendance. Please see the attached sign-in sheet.
THE MEETING OPENED AT 2:43 PM
1. DISCUSSION REGARDING WHETHER THE CITY SHOULD HAVE A GENERAL
STANDING RULE TO WAIVE CERTAIN FEES, SUCH AS PARKING AND OTHER,
RELATED TO RECONSTRUCTION OF PRIVATE PROPERTY DAMAGED DUE TO A
SEVERE STORM EVENT OR SIMILAR NATURE EVENT. (3:18PM)
Mayor Bower stated that she referred this item because she believes the City needs a
plan that contains some very strict criteria. Commissioner Libbin stated that he would
support a plan that would allow the Mayor or the City Manager to declare a state of
emergency with a limited timeframe based on some specified criteria.
Kevin Crowder, Economic Development Division Director, described some of the criteria
suggested to be considered. Commissioner Libbin stated that he is looking for a plan
that would establish a mechanism that would allow the Mayor or City Manager to say
what the situation is and what would come into place at that time.
Hilda M. Fernandez, Assistant City Manager, explained that what is presented in the
supplemental agenda could be the basis for such a program and what the Administration
needs is to make sure they are going in the right direction.
A lengthy discussion ensued regarding what to include in the criteria and types of
assistance to be included in such a program.
Commissioner Libbin suggested detailing a menu of catastrophes and if any of those
catastrophes befall a particular area based on specific criteria, then the Mayor or City
Manager would declare something like a 48-hour state of emergency. This would trigger
something to possibly include cars not to be towed from the middle of the street; people
could park in a particular parking area. He would like the Administration to come back
Agenda Item C6 4
Date 20-27- 10
City Commission Memorandum
Report of the NeighborhoodslCommunity Affairs Committee of August 31, 2010
October 27,201 0
Page 2 of 7
with something clear and succinct. Jorge Gomez, Assistant City Manager, suggested
suspending parking enforcement for a period.
Vice-Mayor Exposito stated that would like to see a plan for significant events; however,
he does not want to see the City stepping in and acting as an insurer, providing benefits
or paying for tows, as this is something that individuals should be handling through their
insurance companies.
Commissioner Tobin stated that although he knows that the desire is to come up with a
solution, if there isn't an ordinance stating otherwise, the City Commission could still give
the City Manager the authority to grant some relief.
ACTION: The committee (Commissioners Libbin, Tobin, and Exposito present) directed
staff to return this item to the NCAC with a plan.
DISCUSSION REGARDING WHETHER MIAMI BEACH SHOULD REQUIRE NAMING
RIGHTS WHEN IT GIVES A SUBSTANTIAL GIFT TO AN ORGANIZATION.
(3:33PM)
Mayor Bower explained her desire for the City to have naming rights in certain
circumstances.
Commissioner Tobin stated that this is usually worked out during negotiations. If the City
codifies this, it will remind the City Attorney's Office that they cannot negotiate a deal
without taking care of this aspect.
Commissioner Libbin suggested some flexibility to still allow non-profits to still raise
funds privately.
Vice-Mayor Exposito moved to direct the Administration to draft an ordinance that would
require that the name "Miami Beach" be required when a substantial contribution is
made by the City, whether land or cash, and then provide the Commission with the right
to modify or waive that requirement. This motion was seconded by Commissioner
Tobin.
Hilda M. Fernandez, Assistant City Manager, stated that there is a section in the Code
on naming rights, and that staff will look at how that section can be modified to add in
this request.
Commissioner Libbin asked for a trigger of a certain amount of gift value. Jorge Gomez,
Assistant City Manager, stated that the Administration would come back with
recommendations.
ACTION: The committee (Commissioners Libbin, Tobin, and Exposito present) moved
to direct the Administration to draft an ordinance for the Commission's approval that
would require that the name "Miami Beach" be required when a substantial contribution
is made by the City, whether land or cash, and then provide the Commission with the
right to modify or waive that requirement.
City Commission Memorandum
Report of the Neighborhoods1Community Affairs Committee of August 31, 2010
October 27,201 0
Page 3 of 7
3. DISCUSSION REGARDING RENAMING AND RESTRUCTURING THE SAFETY
COMMITTEE AS THE CERT COMMITTEE. (3:43PM)
Commissioner Wolfson expressed his desire to expand the Safety Committee to include
Citizen Emergency Response Team (CERT) members.
Hilda M. Fernandez, Assistant City Manager, explained the goal of the Safety Committee
has been to protect the safety and wellbeing of the citizens and visitors of the City,
focused primarily on risk management and assessment. Its 14 members are appointed;
two (2) by the Mayor and each Commissioner.
Commissioner Libbin suggested that one (1) of the two (2) appointments made by each
of the Mayor and Commissioners be required to be CERT certified. Commissioner
Wolfson concurred that would solve the issue that he had brought up.
Jeff Gordon spoke.
Vice-Mayor Exposito suggested reducing the Safety Committee to seven (7) members
and creating a new committee for CERT members. Commissioner Wolfson reminded
the NCAC members that the Commission has expressed a desire to try to reduce the
number of committees.
Commissioner Tobin made a motion to require that as appointments for the Safety
Committee come due, that one (1) of the two (2) members that are appointed by the
Mayor and each Commissioner be required to be CERT certified. This motion was
seconded by Vice-Mayor Exposito.
ACTION: The committee (Commissioners Libbin, Tobin, and Exposito present) moved
to require that as appointments for the Safety Committee come due, that one (1) of the
two (2) members that are appointed by the Mayor and each Commissioner be required
to be CERT certified. (Vote: 3-0)
4. DISCUSSION REGARDING A BOTTLE AND CAN DEPOSIT ORDINANCE FOR THE
CITY OF MIAMI BEACH. (2:43PM)
Jose Smith, City Attorney, explained that the City is preempted by the State so the City
cannot legislate in this area.
Commissioner Tobin made a motion to recommend adding this subject to the City's
State Legislative Agenda at the September Commission meeting. This motion was
seconded by Vice-Mayor Exposito.
Commissioner Libbin suggested asking Commissioner Weithorn, as the City's
representative at the League of Cities, to carry this forward to the League.
ACTION: The committee (Commissioners Libbin, Tobin, and Exposito present) moved
to recommend adding this subject to the City's State Legislative Agenda at the
September Commission meeting. (Vote: 3-0)
City Commission Memorandum
Report of the NeighborhoodsICommunity Affairs Committee of August 31, 2010
October 27,201 0
Page 4 of 7
5. DISCUSSION REGARDING THE PLACEMENT OF A PLAQUE ON THE JOSE MARTI
BUST COMMEMORATING MR. LUIS HERNANDEZ FOR HIS TREMENDOUS
CONTRIBUTION TO THE LOCAL HISPANIC COMMUNITY. (4:20PM)
Commissioner Wolfson opened the discussion regarding the placement of a respectfully-
sized plaque commemorating Mr. Hernandez for his contribution to the local Hispanic
community.
Jose Argote spoke.
Vice-Mayor Exposito made the motion to recommend the placement of this plaque to the
Art in Public Places Committee and return to the NCAC prior to going to the City
Commission. This motion was seconded by Commissioner Tobin.
ACTION: The committee (Commissioners Libbin, Tobin, and Exposito present) moved
to refer recommend the placement of the plaque to the Art in Public Places Committee I and return to the NCAC prior to going to the City Commission. (Vote: 3-0) 1
6. DISCUSSION REGARDING WEST AVENUE TRAFFIC. (2:48PM)
Fred Beckmann, Public Works Department Director, reviewed the information included in
the agenda package that details the recommended crosswalk and pedestrian curb ramp
improvements. He added that the County should complete its work by the end of the
calendar year.
Danielle del Toro spoke.
Commissioner Libbin asked for a status on the City's West Avenue project. Mr.
Beckmann stated that the project is fully funded and one of the things he is waiting for is
the Stormwater Master Plan.
Vice-Mayor Exposito asked if landscaping is part of the West Avenue project which may
mitigate residential noise concerns. Mr. Beckmann stated that he is uncertain how much
landscaping is included in the project, but that he would review it.
I ACTION: The committee took no action as this was an informational report onlv. I
7. REVIEW AND DISCUSS THE APPROVAL AND ADOPTION OF A MIAMI BEACH
TRAFFIC CALMING MANUAL. (2:57PM)
Commissioner Libbin introduced the item.
Fred Beckmann, Public Works Department Director, explained the criteria. He stated
that the target is that this manual will be brought to the City Commission in October with
interagency agreement.
Mayor Bower expressed her concern with costs to the City and suggested sending this to
the Finance and Citywide Projects Committee for further discussion prior to sending to
the City Commission.
Commissioner Tobin stated that the City needs a Parking, Transportation Master Plan.
City Commission Memorandum
Report of the Neighborhoods/Community Affairs Committee of August 31, 2010
October 27,201 0
Page 5 of 7
Vice-Mayor Exposito made the motion to recommend approval of the manual and refer it
to the Finance and Citywide Projects Committee for further discussion. This motion was
seconded by Commissioner Tobin.
ACTION: The committee (Commissioners Libbin, Tobin, and Exposito present) moved
to recommend approval of the Traffic Calming Manual and refer it to the Finance and
Citywide Projects Committee for review. (Vote: 3-0)
8. DISCUSSION REGARDING BANNING OR RESTRICTING SMOKING ON SOME OR
ALL OF THE CITY'S BEACHES. (3:55PM)
Hilda M. Fernandez, Assistant City Manager, presented the item for discussion, reviewed
the information in the agenda memo and suggested that an option was the creation of
certain areas of public beaches to be designated as non-smoking areas.
Commissioner Libbin suggested creating a smoke-free zone by allowing smoking in
certain areas (possibly the hard-pack) with appropriate disposal receptacles made
available, leaving the areas east of the trash cans to be smoke-free.
Jose Smith, City Attorney, stated that there is an Attorney General Opinion that the issue
is preempted to the State. A lot of cities have taken issue with that, and that there is a
difference of opinion as to whether cities can or cannot do it. He expressed his caution.
Ms. Fernandez noted that if people are identified smoking in the area not designated for
smoking, in terms of enforcement, the City would only be able to do something about it
only to the extent that staff is there and available to do something about it.
Commissioner Libbin reminded the Committee that in the recent budget proposal, it was
recommended to increase staffing by eight (8) to ten (1 0) part-time Code Compliance
Officers to work specifically on issues on the beach on the weekends.
Ms. Fernandez said that what may be considered is a resolution on policy versus a
codification. She also suggested the alternative of putting up a sign with the City policy
and citing violators under the sign ordinance.
Vice-Mayor Exposito moved to direct Administration to work with Legal to develop
appropriate resolution or policy regarding smoking on the beach. This motion was
seconded by Commissioner Tobin who expressed his desire to establish rules that
include enforcement mechanisms.
Ms. Fernandez asked if this is to include the concession areas which are east of the
hard-pack. Discussion continued regarding the areas to be designated for smoking
areas and subsequently the enforcement. Commissioner Libbin suggested setting policy
for designated smoking areas for all the beaches and enforce in the areas where staff
can patrol. He asked the Administration to review the beaches and determine the best
place to define the smoking area. He added that he is also open to a pilot program.
Ms. Fernandez clarified that the lounge chairs of the concessionaires are all east of the
trash cans on the beach so if the smoking area is limited to the area west of the trash
cans, people renting chairs behind hotels will not be able to smoke. Commissioner
Libbin suggested limiting to public beaches. Mr. Smith suggested limiting this to the
beaches where the City is the upland property owner.
City Commission Memorandum
Report of the Neighborhoods/Community Affairs Committee of August 31, 2010
October 27,201 0
Page 6 of 7
ACTION: The committee (Commissioners Libbin, Tobin and Exposito present) moved to
direct Administration to work with Legal to develop appropriate resolution or policy
regarding smoking on the beach. (Vote: 3-0)
9. DISCUSSION REGARDING THE BANNING OF COOLERS MADE FROM EXTRUDED
POLYSTYRENE FOAM (AKA "STYROFOAM") FROM THE CITY'S BEACHES.
(4:23PM)
Hilda M. Fernandez, Assistant City Manager, introduced the item explaining that
Administration's question is whether the committee would like to consider going beyond
just banning polystyrene coolers to banning all polystyrene products on the beach. The
City's current concession agreements do not allow serving anything in polystyrene,
whether take-out food containers or cups, and this would basically be saying no one else
could come onto the beach and use these products; the concern being that these are
products that are designed and intended to be disposed of and frequently are. Many
times, even when they are put in the trashcan, the wind will catch them and blow them
onto the dune or into the ocean and it becomes an environmental issue. Mr. Smith
stated that there is no State preemption in regulation of these products. Ms. Fernandez
added that the City Manager recommended adding signage at the parking pay stations
that are located near beach areas listing what to expect when visitors get to the beach.
Commissioner Tobin added his concern with adding ordinances and the need for
enforcement.
Ms. Fernandez explained that penalties will fall under the Litter Ordinance.
ACTION: The committee (Commissioners Libbin, Tobin, and Exposito present), by
acclamation, recommended the ban on any polystyrene products on the City's beaches.
Unscheduled Business (4:13PM)
Discussion was held on the subject of the possibility of a "How's My Driving?" program.
This was previously referred at the request of Vice-Mayor Jorge Exposito at the July 14,
2010, City Commission meeting as item number C4B and scheduled for discussion at
the July 27, 2010 NCAC meeting, which was subsequently canceled. Hilda M.
Fernandez, Assistant City Manager, stated the City Manager suggested taking this idea
beyond just driving but to report more of a "How Am I Doing?" program to report any
behavior that is inappropriate by employees.
Lori K. Davis spoke.
Vice-Mayor Exposito made the motion to recommend implementation of this program for
employees. He would also like to include keeping a record of the complaints that have
been filed so that when contract negotiations come around for contractors, this type of
information may be used. Ms. Fernandez stated that this program can start with
employees and staff can look at how it can be incorporated in the future for contractors
with their renewals. Vice-Mayor Exposito amended his motion to recommend
implementation of this program for employees and plan the expansion to include
contractors when negotiating new contracts. This motion was seconded by
Commissioner Tobin.
City Commission Memorandum
Report of the Neighborhoods1Community Affairs Committee of August 31, 2010
October 27,201 0
Page 7 of 7
ACTION: The committee (Commissioners Libbin, Tobin, and Exposito present) moved to
recommend implementation of this program for employees and plan the expansion to
include contractors when negotiating new contracts. (Vote: 3-0)
THE MEETING AD~OURNED AT 4:34PM
C
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MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manage
DATE: October 27, 201 0
SUBJECT: REPORT OF THE SEPTEMBER 27,2010 LAND USE AND DEVELOPMENT
COMMllTEE MEETING
A meeting of the Land Use and Development Committee was held on September 27,
2010. Commissioners Gongora, Wolfson and Tobin were in attendance. Members from
the Administration and the public were also in attendance. Please see the attached
sign-in sheet. The meeting was called to order at 418 pm.
OLD BUSINESS:
I. ORDINANCE AMENDMENT - EXPAND THE PUBLIC NOTICE PERIOD
FOR ALL FOUR LAND USE BOARDS FROM 15 DAYS TO 30 DAYS
AFTER-ACTION: Richard Lorber introduced the item. Frank DelVecchio spoke in
favor of the proposed change.
MOTION: TobinNVolfson (vote 3-0)
Refer the proposal to the Planning Board.
2. Ordinance - Entertainment in Sidewalk Cafe Permit Areas on Ocean Dr.
AN ORDINANCE OF THE MAYOR AND CITY COMMlSlON OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, BY AMENDING CHAPTER 82, PUBLIC PROPERTY, ARTICLE IV,
USES IN PUBLIC RIGHTS-OF-WAY, DIVISION 5, SIDEWALK CAFES,
SUBDIVISION II, PERMIT, SECTION 82-385, BY PROVIDING MINIMUM
STANDARDS, CRITERIA, AND CONDITIONS FOR ENTERTAINMENT IN
SIDEWALK CAFE PERMIT AREAS ON OCEAN DRIVE BETWEEN gTH AND
13~~ STREETS, AND BY AMENDING CHAPTER 142, ZONING DISTRICTS
AND REGULATIONS, ARTICLE V, SPECIALIZED USE REGULATIONS,
DIVISION 6, ENTERTAINMENT ESTABLISHMENTS, SECTION 142-1361,
DEFINITIONS, TO AMEND THE DEFINITION OF OUTDOOR
ENTERTAINMENT TO INCLUDE SUCH SIDEWALK CAFE AREAS ON
OCEAN DRIVE, PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
AFTER-ACTION: Discussion was held. The Committee requested that staff
continue to study the matter, and report back next year.
MOTION: Wolfsonrrobin (vote 3-0)
Motion to table the matter until July 201 1.
Agenda Item cb 6
Date /0-27-fd
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of September 27,2010
Page 2 of 3
3. DISCUSSION REGARDING THE PLACEMENT OF WATER SUB-METERS.
AFTER-ACTION: Mike Alvarez of Public Works introduced the item. Mr. Michael
Lefkowitz expressed good satisfaction with working with the City on this issue, and
indicated there is now no further need for City action.
MOTION: None
4. REFERRAL TO THE LAND USE AND DEVELOPMENT COMMllTEE FOR
REVIEW AND RECOMMENDATION OF AN ORDINANCE OF THE ClTY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE ClTY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS",
ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS ", SECTION
142-875 "ROOF REPLACEMENTS" TO MODIFY AND EXPAND THE
REQUIREMENTS FOR ROOFING MATERIALS IN ALL DISTRICTS;
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN
EFFECTIVE DATE.
AFTER-ACTION: Thomas Mooney of the Planning Department introduced the item and
explained the need for the proposed amendment. The Committee discussed the matter
and inquired if this was related to the case on North Bay Road.
MOTION: TobinNVolfson (vote 3-0)
Transmit the matter to the Planning Board for review.
5. HISTORIC SINGLE FAMILY PROPERTY AD VALOREM TAX EXEMPTION.
AFTER-ACTION: Planning Department staff introduced the item, and discussed the
existing program for historic preservation tax exemptions. The Committee discussed the
past applications, how many applications there have been, and is the program working
the way it supposed to. The matter of the fees which are charged was discussed in the
context of the amount of savings each homeowner may expect to accrue over ten years.
The Committee decided that no further action was necessary.
MOTION: Wolfsonrrobin (vote 3-0)
No further action necessary.
6. DISCUSSION REGARDING STRENGTHENGING THE PROCESS BY WHICH
PERMANENT PARKING SPACES MAY BE REMOVED FROM ClTY INVENTORY,
FOR INSTANCE BY LIMITING THE PURPOSE AND/OR REQUIRING
COMMISSION APPROVAL.
AFTER-ACTION: Saul Frances introduced the item. Michael Larkin spoke about his
client, Tapas & Tintos, which desired to use parking spaces when not used for parking,
as sidewalk cafe space. The Committee discussed the issue of temporary bagging of
parking meters, and Jorge Gomez explained that this proposed ordinance would apply to
the permanent removal of parking spaces. The Committee voted to direct staff to
prepare the ordinance, and send to the full Commission; also report back next available
meeting with a discussion on the temporary removal of parking spaces by adjacent
commercial uses (e.g. sidewalk cafe uses).
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of September 27,2010
Page 3 of 3
MOTION: TobiniWolfson (vote 3-0)
Staff to prepare the ordinance, and send to the full Commission; also report back next
available meeting with a discussion on the temporary removal of parking spaces by
adjacent commercial uses.
7. DISCUSSION REGARDING LESSENING THE INTENSITY OF THE INDUSTRIAL
LIGHT DISTRICT
AFTER-ACTION: Commissioner Wolfson introduced the discussion about the 1-1 Light
Industrial district. Kent Robbins spoke on behalf of his client, Beach Towing. Residents
of the Sunset Harbour neighborhood spoke. Commissioner Tobin requested a study of
the Industrial zoning district on Terminal Island, to see if it could replace Sunset Harbour
as a location for towing services.
MOTION: WolfsonIGongora (vote 3-0)
1. Refer an ordinance to the Planning Board to make main use parking garages a
conditional use in the 1-1 Urban Light Industrial zoning district.
MOTION: WolfsonIGongora (vote 3-0)
2. Direct the City Attorney's Office to prepare an amendment to Section 106-21 3 of
the City Code, in order to reduce the total number of tow licenses in the City from
three (3) to two (2).
Attachment
JMGIJGGIRGL
T:\AGENDAUOIO\October 2nConsent\LUDC Meeting of September 27,2010.docx
LAND USE AND DEVELOPMENT COMMITTEE MEETING
September 27, 2010 @ 4:00 pm
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov
COMMITTEE MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Commission
From: Jorge M. Gonzalez, City
Date: October 27, 201 0
Subject: REPORT OF THE CAPITAL IMPR~VEMENT PROJECTS
OVERSIGHT COMMITTEE MEETING OF July 12,2010
The meeting was called to order at 5:42 PM
Please note: These minutes are not a full transcription of the meeting.
Full audio and visual record of this meeting is available online on the City's website:
http:// www. miamibeachfl. govhideohideo. asp
ATTENDANCE
See attendance sheet, attached
REVIEW AND ACCEPTANCE OF MINUTES
The following revisions were requested to the May 12,2010:
1) Saul Gross requested that CIP seek the assistance of an experienced contractor to
get their feedback on the current market conditions that would affect unit price
breakdowns, bidding environment and estimating.
2) Outside Council be engaged to review our agreements/contracts.
3) The ClPOC Committee requested that Mr. CarreAo present his findings and
recommendations for improvement within the CIP Department.
4) The ClPOC Committee is to specify the method they wish to communicate time
sensitive decisions to the City Commission.
MOTION: AMEND MAY MINUTES
MOVED: Stacy Kilroy IS', Christina Cuervo 2nd
PASSED: Unanimous
Channes to June Minutes:
I) Christina Cuervo asked that the June 14, 2010 minutes be revised on the South
Pointe Phase II sidewalks section to refer to the amount of times when the sidewalks will
be reviewed by the Building Department. The tape for the Jun 14'~ meeting was checked
and it does state that the sidewalks will be reviewed every other day.
2) Eleanor Carney requested that the June 14, 2010 minutes be reviewed regarding her
request to Mr. Beckman to have the Venetian Causeway outfalls cleaned of barnacles.
The tapes were checked and in the June 14" meeting, Mr. Fred Beckman stated that
Public Works would look into the Venetian Islands and if there was barnacle build-up
Public Works would have them cleaned.
MOTION: Acceptance of Minutes of the June 7,201 0 ClPOC Meeting
MOVED: Christina Cuervo 1 ", Stacy Kilroy 2nd
PASSED: Unanimous
Agenda Item C 6 C
Date /0-27-10
ClPOC Committee Meeting Minutes from July 12, 2010
Page 2 of 6
PUBLIC COMMENTS 5:54PM
Ms. Gabriel Redfern, Design Review Board member and who resides on Royal
Palm Avenue, requested that the ClPOC Committee waive design requirements
mandated by the Design Review Board which are also incorporated in the City's
Capital Improvement Plan. Ms. Redfern was advised to take these issues to the
Design Review Board for their action.
Ms. Judy Robertson, residing on 8th and Lenox and a member of the Flamingo
Park Neighborhood Association requested the status of the Flamingo Park ROW
Project. Ms. Robertson was advised that this item was on the agenda and will be
reviewed shortly.
COMMISSION ITEMS 6:Ol pm
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND ClTY CLERK
TO APPROVE ADDITIONAL CONTINGENCY FUNDING IN THE AMOUNT OF
$469,175.21, FOR HORIZON CONTRACTORS, INC., FOR THE CONSTRUCTION OF
ADDITIONAL OWNER REQUESTED ITEMS AND BETTERMENT SCOPE OF WORK
FOR THE ClTY OF MlAMl BEACH RIGHT OF WAY INFRASTRUCTURE
IMPROVEMENT PROGRAM, NEIGHBORHOOD NO. 12C, SOUTH POINTE PHASE II
PROJECT; FUNDING IS AVAILABLE FROM PREVIOUSLY APPROPRIATED SOUTH
POINTE CAPITAL FUND 389 IN THE AMOUNT OF $469,175.21, FOR THE
ADDITIONAL SCOPE OF WORK
MOTION: Recommend to City Commission to approve item.
MOVED: Stacy Kilroy lSt, Rick Kendle 2"d
PASSED: Unanimous
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND ClTY CLERK
TO EXECUTE AMENDMENT NO.l TO THE PROFESSIONAL ARCHITECTURAL AND
ENGINEERING (AIE) SERVICES AGREEMENT BETWEEN THE ClTY OF MlAMl
BEACH, FLORIDA AND WOLFBERG ALVAREZ AND PARTNERS, IN THE AMOUNT
OF $77,720, FOR ADDITIONAL PROFESSIONAL SERVICES FOR THE FLAMINGO
PARK PROJECT; WITH FUNDING FROM 99 GO BOND PARKS & BEACHES FUND
377 FOR DESIGN, IN THE AMOUNT OF $22,162, PREVIOUSLY APPROPRIATED IN
THE FISCAL YEAR (FY) 2006-2007 CAPITAL BUDGET, AND FROM THE MDC CDT
INTERLOCAL-CDT RESORT TAX FUND 388 FOR DESIGN, IN THE AMOUNT OF
$55,558, PREVIOUSLY APPROPRIATED IN THE FY 2009-201 0 CAPITAL BUDGET.
MOTION: Recommend to City Commission to approve item.
MOVED: Dwight Kraai lSt, Eleanor Carney znd
PASSED: Unanimous
ClPOC Committee Meeting Minutes from July 12,2010
Page 3 of 6
REQUEST FOR APPROVAL TO AWARD A CONTRACT, PURSUANT TO INVITATION
TO BID NO. 26-09/10, FOR THE RENOVATION AND RESTORATION OF THE
HISTORICAL FIRE STATION NO. 2 AND HOSE TOWER, AUTHORIZING THE MAYOR
AND ClTY CLERK TO EXECUTE AN AGREEMENT WlTH EDGEWATER
CONSTRUCTION GROUP, INC., AT THE NOT-TO-EXCEED AMOUNT OF
$1,627,762.74, FOR THE CONSTRUCTION OF THE PROJECT, PLUS APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF $325,552.55 FOR A GRAND TOTAL
OF $1,953,315.29 FROM FUNDS PREVIOUSLY APPROPRIATED IN THE CAPITAL
BUDGET; FURTHER AUTHORIZING THE ADMINISTRATION TO ENGAGE IN VALUE
ENGINEERING TO FURTHER REDUCE THE COST AND TIME FOR COMPLETION OF
SAlD PROJECT.
MOTION: Recommend to City Commission to approve item.
MOVED: Christina Cuervo lSt1 Stacy Kilroy 2nd
PASSED: Unanimous
REQUEST FOR APPROVAL TO AWARD CONTRACT, PURSUANT TO INVITATION
TO BID NO. 17-09/10, FOR THE CONSTRUICTION OF THE ClTY OF MIAMI BEACH
RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD
NO. 12/D/E/F, SOUTH POINTE PHASES Ill, IV AND V; AUTHORIZE THE
ADMlNlSRTATlON TO ENGAGE IN VALUE ENGINEERING TO FURTHER REDUCE
THE COST AND TlME FOR COMPLETION OF SAlD PROJECT; AUTHORIZE THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WlTH TRANS FLORIDA
DEVELOPMENT CORPORATION, IN THE AMOUNT OF $9,950,715.92. FOR THE
CONSTRUCTION OF THE PROJECT, WlTH PREVIOUSLY APPROPRIATED
FUNDING AVAILABLE FROM SOUTH POINTE RDA FUND 379 IN THE AMOUNT OF
$268,719.40, AND FROM SOUTH POINTE CAPITAL FUND 389, IN THE AMOUNT OF
$9,681,996.52 FOR CONSTRUCTION; AND APPROVING PREVIOSULY
APPROPRIATED FUNDING IN THE AMOUNT OF $995,071.59, FROM SOUTH
POINTE CAPITAL FUND 389 FOR PROJECT CONTINGENCY, FOR A GRAND TOTAL
OF $1 0,945,787.51.
MOTION: Recommend to City Commission to approve item.
MOVED: Christina Cuervo lSt, Rick Kendle znd
OBJECTED: Saul Gross lSt1 Eleanor Carney znd
PASSED: Sentiment of the Chair is that they haven't had a chance to review the material
because the information was not presented in advance of the meeting and so they leave
it to the City Commission to read the fine print and concur in the general direction the
project is taking.
REQUESTED REPORTS 6:20PM
Public Works GIs Presentation to highlight the waterline breaks in the Bayshore
Neighborhood.
Mike Alvarez presented water system repair work orders for the Bayshore
Neighborhood. Eleanor Carney requested that Public Works come back with the data
that shows age of the pipes in the Bayshore Neighborhood.
Staff Action: Report back on the age of the pipes in the Bayshore Neighborhood.
ClPOC Committee Meeting Minutes from July 12, 2010
Page 4 of 6
Stormwater Master Plan Milestones
Fernando Vazquez, City Engineer, reported that the City Commission granted permission
to proceed with the Stormwater Master Plan at the last Commission Meeting.
The following milestones were discussed:
City held a kick-off meeting with CDM where they started to explore the basis of the
initiatives to begin the Storm Water Master Plan, taken to account the first projects, which
would be Alton Road and the West Avenue Neighborhood.
City had a meeting with FDOT to discuss what technical initiatives FDOT is taking to
resolve the Alton Road drainage problems.
CDM is moving forward with the modeling component of the Storm Water Master Plan
and started to look at alternatives to alleviate flooding and the climate issues associated
with sea levels.
Design Criteria Package should be available by November for West Avenue and Alton
Road.
Mr. Saul Gross asked where does Flamingo Park fit into the Stormwater Master Plan. Mr.
Vazquez replied that he will come back to the next meeting with a report on Flamingo
Park.
The Stormwater Master Plan will unfold within the next six months and may be divided
into several projects (Design Criteria Packages) depending scope of work and the
urgency of the neighborhood.
Mr. Fred Beckman explained that Public Works is working with FDOT to ensure that
anything they do on Alton Road is integrated citywide. Flamingo Park has the highest
priority.
Staff Action: Fernando Vazquez, City Engineer will return to the next ClPOC
Meeting with a Storm Water Master Plan Reporf for the Flamingo Neighborhood.
Results of the June 17 Meeting with DERM
Mr. Jorge Gomez, Assistant City Manager reported that he, Public Works and CIP met
with County Manager's Office and DERM to discuss two issues, dewatering and outfall
sizing. Mr. Charlie Carretio mentioned that in regards to dewatering DERM has relaxed
their approach. CIP believes that the issues with DERM will be manageable.
DISCUSSION 7:16PM
City's Standard Form AIE Agreement - Penalties Language
Mr. Raul Aguila explained that the City will retain Outside Counsel this summer to review
City of Miami Beach contracts. Mr. Aguila will return in September with a report. Mr.
Aguila suggested we continue using the current agreement until we review it with an
outside attorney. Mr. Gross concurred.
Staff Action: Mr. Raul Aguila, City Attorney, to return in September wifh a repott.
ClPOC Committee Meeting Minutes from July 12, 2010
Page 5 of 6
Citywide Guard House Inventory and Ownership
Mr. Charlie Carreiio stated that there was no movement on this matter
Mr. Saul Gross does not believe this is a ClPOC issue anymore. It is a policy issue for
the Commission.
Outfall Cleaning Schedule
Mr. Mike Alvarez reported that the ouffall cleaning is done by City contractors. Between
2005-2009 the City has spent $500,000-$600,000 in ouffall cleaning funded by Public
Works budget and capital funding. Public Works will come back to the next meeting with
a larger map showing the islands. Eleanor Carney requested that Public Works look at
the pipes in the Venetian Islands, stating that the Engineers are finding barnacles in the
pipes.
Staff Action: Public Works to return to next meeting with a large ouffall cleaning
schedule map showing the islands. Public Works will also look into the Venetian
Islands pipes for barnacles.
OLD BUSINESS
CIP Project Status Report
Construction Update: Normandy Shores Neighborhood lmprovement Project
Status Report: Venetian Island Neighborhood lmprovement Project
Status Report: Sunset Islands I & II
Status Report: Sunset Islands 111 & IV
Status Report: Royal Palm Avenue and 44'h Street Flooding Mitigation
Status Report: Palm & Hibiscus Island Undergrounding
Status Report: FlamingoNVest Avenue ROW
Status Report: South Pointe Phase II Neighborhood lmprovement Project
Construction Update: Normandy Shores Neighborhood lmprovement Project
Mr. Charles Carrefio explained that this project is reaching an end, CIP is performing
punch-out and identifying the cost of completing the punchlist. CIP requested contractor
to finish with their punchlist or CIP will pursue completion with another company and
deduct it from their remaining funds. CIP is waiting for FPL on the uplights.
Status Report: Venetian lsland Neighborhood lmprovement Project
Mr. Charles CarreAo reported that this project is at 90% completion with the plans,
awaiting comments from City departments. Mr. Roberto Rodriguez from CIP reported on
the Venetian water main project, and reported that a kick off meeting will be held on
Wednesday, July 14~, 201 0.
Status Report: Sunset Islands I & II
Watermain and drainage permit applications were picked up by the HOA on June 21,
2010. City of Miami Beach and HOA reached an agreement as to providing for 9ft. travel
lanes.
ClPOC Committee Meeting Minutes from July 12, 2010
Page 6 of 6
Report: Sunset Islands Ill & IV
Keith Mizell reported that this project has made some progress since the last report to
the Committee. County indicated that they would look at less than the loft. standard
travel lane, in regards to the 2-way, County agreed to 9ft. travel lane. As far as the one
way is concerned County wanted a loft. travel lane and a 5ft. unmarked shoulder.
HOA along with the County conducted a vote which resulted in an 80% approval in favor
of the one way option.
Status Report: Royal Palm Avenue and 44th Street Flooding Mitigation.
Charles CarreAo reported that this neighborhood has a $650,000 line of credit
appropriated to it for stormwater upgrades. Along with the stormwater work it also has
two small projects, Muss Park and Chase Avenue.
Status Report: Palm & Hibiscus Island Undergrounding
Miami-Dade County was to hear this item in JuneIJuly 2010 but the item to approve the
financing was not heard. This will most likely get slated for January 201 1.
Status Report: Flamingo Nest Avenue Neighborhood ROW
Charles CarreAo provided a list, at the request of the Flamingo Park Neighborhood,
showing the projects for the Flamingo Park Master Plan to be performed either by City
forces or JOC Contractors. These residents wanted to see the list so they can provide
their input. A Flamingo Park resident was present at the meeting, he as well as others in
the Flamingo Park Neighborhood will review the list.
Status Report: South Pointe Phase II Neighborhood Improvement Project
Charles CarreAo reported that the alleyways are going to start to be reconstructed.
Stormwater system is being QAIQC tested, some sections are passing, and some
sections are failing the infiltration test.
The meeting was adjourned at 9:05PM
T:\AGENDA\201O\October 2Xonsent\CIPOC Meeting Minutes - 7-12-10.docx
ATTENDANCE REPORT FOR CIP OVERSIGHT COMMITTEE
JANUARY THROUGH DECEMBER 2010
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UmmAMA
DATE /0#d7dli>
COMMISSION ITEM SUMMARY
Condensed Title: I A Resolution authorizing the City Manager to apply for and accept seven (7) grants.
Key Intended Outcome Supported:
1) lncrease satisfaction with family recreation activities; 1) and 2) Ensure well-maintained facilities; 3) and 7)
Maintain City's infrastructure; Improve storm drainage citywide; 4) lncrease visibility of Police; maintain crime
rates at or below national trends; 5) Reduce the number of homeless; 6) Preserve our beaches.
Supporting Data:
2009 Satisfaction Survey: 1) and 2) Residents surveyed reported they attend City parks and recreational
facilities an average of 3.5 times per month; 2) The City's facility assessment rates exterior windows as
damaged and critical for replacement; 3) and 7) 56.3% of resident respondents rated the City's storm
drainage (to avoid flooding) as fair or poor; 4) Safety was identified as one of the top 3 factors that affect
their quality of life 5) "The City's efforts to address homelessness" was a key driver for resident respondents
in how they view the city as a place to live, view city government on meeting expectations and if they would
or would not recommend the city as a place to live; 'A lot of homeless' was rated amongst the top five things
that have a negative impact on the quality of life.
Issue:
Shall the City support the following funding requests and execute the related agreements? I
Item SummarylRecommendation:
Retroactive approval to submit grant applications to: 1) Florida Recreation Development Assistance Program
in the amount of $200,000 for the renovation of the handball courts at Flamingo Park; 2) Federal Emergency
Management Agency in an amount not to exceed $72,000 from the Pre-Disaster Mitigation Grant for impact
resistant doors and windows at the Miami Beach Botanical Garden; 3) Federal Emergency Management
Agency, Pre-Disaster Mitigation Grant Program in the amount of $1 12,500 for a storm drainage study; 4)
Department Of Homeland Security for Urban Area Security lnitiative funds an amount not to exceed
$350,000 for the City's security needs; 5) Miami-Dade County Homeless Trust in an amount not to exceed
$64,000 for the City's homeless program; 6) Florida Department of Environmental Protection, Coastal
Partnership lnitiative in an amount not to exceed $50,000 for dune restoration; 7) State of Florida
Legislature, in the form of Community Budget lssue Requests, in an amount not to exceed $1 0,000,000 for
stormwater, drinking water and wastewater infrastructure improvements; appropriating the above grants, and
match and authorizing the execution of all necessary documents related to these applications.
Advisory Board Recommendation: NIA
Grant
Amount
$200,000
$72,000
$1 12,500
$350,000
$64,000
$50,000
$10,000,000
Grant NamelProject
FRDAPI Flamingo Park
Handball Courts
FEMA PDMIlmpact Resistant
Glass1 Botanical Garden
FEMA Pre-Disaster Mitigation1
Storm Drainage Study
Urban Area Security Initiative
(UAS1)ICitywide Projects
Miami-Dade County Homeless
TrustIOutreach
Florida DEP Coastal Partnership
InitiativeIDune Restoration
Community Budget Issue
RequestsNVater Projects
Financial
Sourceof
funds
Y
Match AmountlSource
$200,00O/Building Better
Communities GOB, 2003 GOB
$26,000/Source of Match To
Be Determined Upon Award
$37,5001 Public Works
Operating Fund
NIA
$1 6,000lReal Estate Housing
Community Dev. Budget
$50,0001 PW Budget - dune
maintenance and upkeep
NIA
Information:
#
I
2
3
4
5
6
7
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement
Commission Memorandum
Page 2
The Florida Recreation Development Assistance Program (FRDAP) is a competitive
program which provides grants to local government entities for acquisition and development
of land for public outdoor recreation use. The Florida Department of Environmental
Protection (DEP) administers the FRDAP program.
Flamingo Park is a 34.5 acre district park located in South Beach. Flamingo Park is one of
Miami Beach's oldest and most utilized parks and was constructed in 1950. The grant will
provide funding for the following: I) Renovations to the Joe Rubin Handball Courts including
lighting, painting and replacement of the observation platform temporary roof with awning;
and 2) Demolition and replacement of the Robert C. Haas Handball Courts. The Robert C.
Hass handball court building was built in 1964, and is currently in disrepair. The
Administration has submitted an application for funding in the amount of $200,000 for the
abovementioned handball courts and restrooms. The total cost of this project is $448,000.
This grant requires a $1:$1 match. Matching funds, as well as the balance of funding to
complete this project are available from Building Better Communities General Obligation
Bond funds and also 2003 General Obligation Bond funds. This grant supports the key
intended outcomes increase satisfaction with family recreation activities and ensure well
maintained facilities.
2. Retroactive approval to submit a grant application to the Federal Emeraency
Mana~ement Aaencv (FEMA) for fundina in an amount not to exceed $72,000 from the
Pre-Disaster Mitigation Grant Program for impact resistant doors and windows at the
Miami Beach Botanical Garden
The Pre-Disaster Mitigation (PDM) program is a nation-wide competitive grant program that
was created to assist State and local governments, including Indian Tribe governments, with
the implementation of cost-effective hazard mitigation activities prior to disasters. The intent
of this program is to reduce overall risk to people and property, while also minimizing the
cost of disaster recovery.
The Miami Beach Botanical Garden opened on October 31, 1962 as a Miami Beach City
Park. Over the next two decades, the Botanical Garden served the City of Miami Beach as a
vital community resource. During the late 1990s, after Hurricane Andrew significantly
damaged the park, community interest was reinvigorated with the creation of The Miami
Beach Garden Conservancy. The Botanical Garden has hosted, from small theatrical
productions to contemporary art exhibitions while also becoming an integral part of the "Boat
Show" and "Art Basel". Historically. the City has provided basic services to the park under
the terms of the Conservancy Management Agreement. The City's facility assessment rates
exterior windows at the Botanical Garden as damaged and critical for replacement.
The Botanical Garden does not have adequate protection from a wind or storm event. As
such, the Administration has submitted a grant to FEMA's Pre-Disaster Mitigation grant fund
program for funding in an amount not to exceed $72,000 to retrofit the building with impact
resistant glass.
The grant will pay for 75% of the total project cost and requires a 25% local match (match
amount not to exceed $26,000). The source of funding for the match, will be determined
upon award. This project supports the key intended outcome ensure well-maintained
facilities.
Commission Memorandum
Page 3
3. Retroactive approval to submit a arant application to the Federal Emergency
Management Agency (FEMA) for funding in an amount not to exceed $1 12,500 from the
Pre-Disaster Mitigation Grant Program for a Storm Drainage Study
The Pre-Disaster Mitigation Grant Program (mentioned above) also provides funding for
flood studies and flood mapping. The Administration has submitted a grant requesting
funding for a storm drainage study. Specifically, the study will be for the purpose of project
design and feasibility of electronic valves located at low outfall pipe areas to open and close
during storm events and during high tides directly from the City's 24/7 Public Works Control
Room.
\
The total project cost is $150,000. The Administration has applied for funding in the amount
of $1 12,500. The grant will pay for 75% of the cost of this project. The City will provide the
25% match, in an amount not to exceed $37,500 from the Public Works Operating Fund.
This grant supports the key intended outcome improve storm drainage citywide.
4. Retroactive approval to submit the following grant applications to the Urban Areas
Security lnitiative (UASI) proaram in an amount not to exceed $350,000 for FY 201 1
funding
The Urban Area Security lnitiative (UASI) is funded through the Department of Homeland
Security (DHS), under the Homeland Security Grant Program. One of the core missions of
the DHS is to enhance the ability of state and local government to prevent, protect against,
respond to and recover from terrorist attacks and other disasters.
The federal government allocates funding to the different Urban Area groups based on a
risk-based methodology. The program focuses on planning, equipment, training and
exercise needs of high threat, high density urban areas. The City of Miami Beach receives
UASI funding as part of the allocation for the Miami Urban Area. The City will be utilizing
grant funds to further homeland security needs citywide. The Administration has submitted
an application for UASI funding an amount not to exceed $350,000.
No matching funds are required. This project supports the key intended outcome increase
visibility of Police; maintain crime rates at or below national trends.
5. Retroactive approval to submit a grant application to Miami-Dade County Homeless
Trust, for funding, in an amount not to exceed $64.000 for the City's Supportive Housing
Grant program
Miami-Dade County is a recipient of federal funding under Title IV of the Stewart McKinney
Homeless Assistance Act through the U.S. Department of Housing and Urban Development.
The City has applied for funding, in an amount not to exceed $64,000, from Miami-Dade
County Homeless Trust to provide supportive services, including homes outreach and
shelter placement. The City will use the funds for the following homeless activities: I)
outreach and to inform persons about the program; 2) assess and confront problems; and,
3) for shelter placements. A match of at least 25% is required. Matching funds are available
form the Real Estate, Housing and Community Development Department, Homeless
Division operating budget. This project supports the key intended outcome: reduce the
number of homeless.
Commission Memorandum
Page 4
6. Approval to submit a qrant application to the Coastal Partnership Initiative for funding
in an amount not to exceed $50,000 for Dune Restoration
The State of Florida's Coastal Partnership lnitiative Program provides support for innovative
local coastal management projects in four program areas: resilient communities, public
access, working waterfronts, and coastal stewardship. Additionally, governmental,
educational, and non-profit entities may apply for grants for community projects such as
dune revegetation, citizen water quality monitoring and waterfront revitalization.
The City is responsible for maintaining 7 miles of dunes. The dunes are important because
they serve as storm protection for upland structures, they capture sand to combat erosion,
and they create habitat for native plants and animals.
The Administration intends to apply to this funding source for dune restoration, in an amount
not to exceed $50,000. A $1:$1 match is required. Matching funds for this grant, in an
amount not to exceed $50,000 are available in Public Works budget for FY 1011 1 for dune
maintenance and upkeep. This project supports the key intended outcome preserve our
beaches.
7. Retroactive approval to submit Communitv Budget lssue Request (CBIRs) applications
for funding from the state legislature for stormwater, drinking water and wastewater
infrastructure improvements in an amount not to exceed $1 0.000,000
All local governments and districts that want to be considered for water, wastewater and
stormwater funding by the Florida Legislature must submit a Community lssue Budget
Request application for each project. The funding request is then sponsored by State of
Florida House and Senate member sponsors. The City has received prior year allocations
totaling $1,600,000.
The City is requesting funding in an amount not to exceed $1 0,000,000 for the following city
projects: a) stormwater infrastructure improvements; b) wastewater infrastructure
improvements; and c) drinking water infrastructure improvements.
It should be noted that the State has no current funding mechanism and that there is no
identified source for water projects. However, state revenues are improving and an
opportunity may arise, as common in past years, to legislatively fund wastewater,
stormwater, and potable water projects. The funding requests do not require a match,
however, the City will leverage funds available through the Stormwater Bond program for
these projects. This project supports the key intended outcome maintain city's infrastructure;
improve storm drainage.
CONCLUSION
The Administration requests retroactive approval to authorize the City Manager or his
designee to submit applications to: 1) Florida Recreation Development Assistance Program
(FRDAP) for funding, in the amount of $200,000 for the renovation of the handball courts at
Flamingo Park; 2) Federal Emergency Management Agency (FEMA) for funding in an
amount not to exceed $72,000 from the Pre-Disaster Mitigation Grant Program for impact
resistant doors and windows at the Miami Beach Botanical Garden; 3) Federal Emergency
Management Agency (FEMA) for funding from the pre-Disaster Mitigation Grant Program in
Commission Memorandum
Page 5
the amount of $1 12,500 for a storm drainage study; 4) Department Of Homeland Securityfor
Urban Area Security lnitiative (UASI) funds an amount not to exceed $350,000 for the city's
homeland security needs; 5) Miami-Dade County Homeless Trust for funding in an amount
not to exceed $64,000 for the City's homeless program; 6) State of Florida Department of
Environmental Protection, Coastal Partnership Initiative for funding in an amount not to
exceed $50,000 for dune restoration; 7) applications to the State of Florida Legislature, in
the form of Community Budget Issue Requests, in an amount not to exceed $10,000,000
for funding for stormwater, drinking water and wastewater infrastructure improvements;
appropriating the above grants, and matching funds as necessary, if approved and accepted
by the city, and authorizing the execution of all necessary documents related to these
applications.
RESOLUTION NUMBER
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING AND
AUTHORIZING THE ClTY MANAGER OR HIS DESIGNEE TO SUBMIT
GRANT APPLICATIONS TO: I) FLORIDA RECREATION DEVELOPMENT
ASSISTANCE PROGRAM (FRDAP) FOR FUNDING IN THE AMOUNT OF
$200,000 FOR THE RENOVATION OF THE HANDBALL COURTS AT
FLAMINGO PARK; 2) FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA) FOR FUNDING IN AN AMOUNT NOT TO EXCEED $72,000 FROM
THE PRE-DISASTER MITIGATION GRANT PROGRAM FOR IMPACT
RESISTANT DOORS AND WINDOWS AT THE MlAMl BEACH BOTANICAL
GARDEN; 3) FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR
FUNDING FROM THE PRE-DISASTER MITIGATION GRANT PROGRAM IN
AN AMOUNT NOT TO EXCEED $112,500 FOR A STORM DRAINAGE STUDY;
4) DEPARTMENT OF HOMELAND SECURITY FOR URBAN AREA SECURITY
INITIATIVE (UASI) FUNDS AN AMOUNT NOT TO EXCEED $350,000 FOR
THE CITY'S HOMELAND SECURITY NEEDS; 5) MIAMI-DADE COUNTY
HOMELESS TRUST FOR FUNDING IN AN AMOUNT NOT TO EXCEED
$64,000 FOR THE CITY'S HOMELESS PROGRAM; 6) STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, COASTAL
PARTNERSHIP INITIATIVE FOR FUNDING IN AN AMOUNT NOT TO EXCEED
$50,000 FOR DUNE RESTORATION; 7) STATE OF FLORIDA LEGISLATURE,
IN THE FORM OF COMMUNITY BUDGET ISSUE REQUESTS (CBIRS), IN AN
AMOUNT NOT TO EXCEED $10,000~000 FOR FUNDING FOR STORMWATER,
DRINKING WATER AND WASTEWATER INFRASTRUCTURE
IMPROVEMENTS; APPROPRIATING THE ABOVE GRANTS, AND
MATCHING FUNDS AS NECESSARY, IF APPROVED AND ACCEPTED BY
THE CITY, AND AUTHORIZING THE EXECUTION OF ALL NECESSARY
DOCUMENTS RELATED TO THESE APPLICATIONS
WHEREAS, the Florida Recreation Development Assistance Program (FRDAP) is a
competitive program which provides grants to local government entities for acquisition
and development of land for public outdoor recreation use; and
WYEREAS, Flamingo Park is a 34.5 acre district park located in South Beach, it is
one of Miami Beach's oldest and most utilized parks and was constructed in 1950; and
WHEREAS, the grant will provide funding for the following: 1) renovations to the Joe
bbin Handball Courts including lighting, painting and replacement of the observation
platform temporary roof with awning and 2) demolition and replacement of the Robert C.
Haas Handball Courts; and
WHEREAS, the Administration has submitted an application for funding in the
amount of $200,000 for the abovementioned handball courts and restrooms and the total
cost of this project is $448,000; and
WHEREAS, this grant requires a $1:$1 match, and matching funds, as well as the
balance of funding to complete this project are available from Building Better
Communities General Obligation Bond funds and also 2003 General Obligation Bond
funds; and
WHEREAS, this grant supports the key intended outcomes increase satisfaction
with family recreation activities and ensure well maintained facilities; and
WHEREAS, retroactive approval is requested to submit a grant application to the
State of Florida, Department of Environmental Protection, for the Florida Recreation
Development Assistance Program (FRDAP) for funding in an amount not to exceed
$200,000 for the renovation of the Handball Courts at Flamingo Park; and
WHEREAS, the Pre-Disaster Mitigation (PDM) program is a nation-wide
competitive grant program that was created to assist State and local governments,
including Indian Tribe governments, with the implementation of cost-effective hazard
mitigation activities prior to disasters; and
WHEREAS, the Miami Beach Botanical Garden opened on October 31, 1962 as
a Miami Beach City Park and is a vital community resource; and
WHEREAS, historically. the City has provided basic services to the park under
the terms of the Conservancy Management Agreement; and
WHEREAS, the City's facility assessment rates exterior windows at the Botanical
Garden as damaged and critical for replacement; and
WHEREAS, the Botanical Garden does not have adequate protection from a
wind or storm event, the Administration has submitted a grant to FEMA's Pre-Disaster
Mitigation grant fund program for funding in an amount not to exceed $72,000 to retrofit
the building with impact resistant glass; and
WHEREAS, the grant will pay for 75% of the total project cost and requires a
25% local match (match amount not to exceed $26,000) and the source of funding for
the match, will be determined upon award; and
WHEREAS, this project supports the key intended outcome ensure well-
maintained facilities; and
WHEREAS, retroactive approval is requested to submit a grant application to the
Federal Emergency Management Agency (FEMA) for funding in an amount not to
exceed $72,000 from the Pre-Disaster Mitigation Grant Program for impact resistant
doors and windows at the Miami Beach Botanical Garden; and
WHEREAS, the Pre-Disaster Mitigation Grant Program (mentioned above) also
provides funding for flood studies and flood mapping; and
WHEREAS, the Administration has submitted a grant requesting funding for a
storm drainage study; and
WHEREAS, the total project cost is $1 50,000 and the Administration has applied
for funding in the amount of $1 12,500; and
WHEREAS, the grant will pay for 75% of the cost of this project and the City will
provide the 25% match, in an amount not to exceed $37,500 from the Public Works
Operating Fund; and
WHEREAS, this grant supports the key intended outcome improve storm
drainage citywide; and
WHEREAS, retroactive approval is requested to submit a grant application to
the Federal Emergency Management Agency (FEMA) for funding in an amount not to
exceed $1 12,500 from the Pre-Disaster Mitigation Grant Program for a Storm Drainage
Study; and
WHEREAS, the Urban Area Security lnitiative (UASI) is funded through the
Department of Homeland Security (DHS), under the Homeland Security Grant Program
to enhance the ability of state and local government to prevent, protect against, respond
to and recover from terrorist attacks and other disasters; and
WHEREAS, the federal government allocates funding to the different Urban
Area groups based on a risk-based methodology and the program focuses on planning,
equipment, training and exercise needs of high threat, .high density urban areas; and
WHEREAS, the Administration has submitted an application for UASI funding
an amount not to exceed $350,000; and
WHEREAS, no matching funds are required and this project supports the key
intended outcome increase visibility of Police; maintain crime rates at or below national
trends; and
WHEREAS, retroactive approval is requested to submit the following grant
applications to the Urban Areas Security Initiative (UASI) program in an amount not to
exceed $350,000 for FY 201 1 funding; and
WHEREAS, Miami-Dade County is a recipient of federal funding under Title IV
of the Stewart McKinney Homeless Assistance Act through the U.S. Department of
Housing and Urban Development; and
WHEREAS, the City has applied for funding, through the County in an amount
not to exceed $64,000, from Miami-Dade County Homeless Trust to provide supportive
services, including homes outreach and shelter placement; and
WHEREAS, the City will use the funds for the following homeless activities: 1)
outreach and to inform persons about the program; 2) assess and confront problems;
and, 3) for shelter placements; and
WHEREAS, a match of at least 25% is required, matching funds are available
form the Real Estate, Housing and Community Development Department, Homeless
Division operating budget and this project supports the key intended outcome reduce the
number of homeless; and
WHEREAS, retroactive approval is requested to submit a grant application to
Miami-Dade County Homeless Trust, for funding, in an amount not to exceed $64,000
for the City's Supportive Housing Grant program; and
WHEREAS, the State of Florida's Coastal Partnership Initiative Program
provides support for innovative local coastal management projects in four program
areas: resilient communities, public access, working waterfronts, and coastal
stewardship and governmental, educational, and non-profit entities may apply for grants
for community projects such as dune revegetation, citizen water quality monitoring and
waterfront revitalization; and
WHEREAS, the City is responsible for maintaining 7 miles of dunes and these
dunes are important because they serve as storm protection for upland structures, they
capture sand to combat erosions, and they create habitat for native plants and animals;
and
WHEREAS, the Administration intends to apply to this funding source for dune
restoration, in an amount not to exceed $50,000, a $1:$1 match is required and
matching funds for this grant, in an amount not to exceed $50,000 are available in Public
Works budget for FY 1011 1 for dune maintenance and upkeep; and
WHEREAS, this project supports the key intended outcome preserve our
beaches; and
WHEREAS, approval is requested to submit a grant application to the Coastal
Partnership lnitiative for funding in an amount not to exceed $50,000 for Dune
Restoration; and
WHEWEAS, all local governments and districts that want to be considered for
water, wastewater and stormwater funding by the Florida Legislature must submit a
Community lssue Budget Request application for each project; and
WHEREAS, the City is requesting funding in an amount not to exceed
$1 0,000,000 for the following city projects: a) stormwater infrastructure improvements; b)
wastewater infrastructure improvements; and c) drinking water infrastructure
improvements; and
WHEREAS, it should be noted that the State has no current funding mechanism
and that there is no identified source for water projects, however, state revenues are
improving and an opportunity may arise, as common in past years, to legislatively fund
wastewater, stormwater, and potable water projects; and
WHEREAS, the funding requests do not require a match, however, the City will
leverage funds available through the Stormwater Bond program for these projects and
this project supports the key intended outcome maintain city's infrastructure; improve
storm drainage; and
WHEREAS, retroactive approval is requested to submit Community Budget lssue
Request (CBIR) applications for funding from the state legislature for stormwater,
drinking water and wastewater infrastructure improvements in an amount not to exceed
$1 0,000,000.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH hereby retroactively approve and
authorize the City Manager or his designee to submit the following applications: 1)
Florida Recreation Development Assistance Program (FRDAP) for funding, in the
amount of $200,000 for the renovation of the handball courts at Flamingo Park; 2)
Federal Emergency Management Agency (FEMA) for funding in an amount not to
exceed $72,000 from the Pre-Disaster Mitigation Grant Program for impact resistant
doors and windows at the Miami Beach Botanical Garden; 3) Federal Emergency
Management Agency (FEMA) for funding from the Pre-Disaster Mitigation Grant
Program in the amount of $112,500 for a storm drainage study; 4) Department of
Homeland Security for Urban Area Security Initiative (UASI) funds in an amount not to
exceed $350,000 for the City's homeland security needs; 5) Miami-Dade County
Homeless Trust for funding in an amount not to exceed $64,000 for the City's homeless
program; 6) State of Florida Department of Environmental Protection, Coastal
Partnership Initiative for funding in an amount not to exceed $50,000 for dune
restoration; 7) State of Florida Legislature, in the form of Community Budget Issue
Requests, in an amount not to exceed $10,000,000 for funding for stormwater, drinking
water and wastewater infrastructure improvements; appropriating the above grants, and
matching funds as necessary, if approved and accepted by the City, and authorizing the
execution of all necessary documents related to these applications.
PASSED and ADOPTED this day of ,2010
ATTEST:
MAYOR
CITY CLERK
APPROVED AS TO -. .
FORM & LANGUAGE
& FOH EXECUTION
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COMMISSION ITEM SUMMARY
Condensed Title:
I A Resolution authorizing the Mayor and City Clerk to approve and authorize utility construction I
agreements with AT & T, Atlantic Broadband and Sprint for the underground placement of all overhead
facilities along 22" Street from Collins Avenue to Park Avenue. Funding available from previous
appropriated funds in the City Center RDA Capital Fund 365.
Key Intended Outcome Supported: I Ensure Well-Designed, Quality Capital Projects.
Supporting Data (Surveys, Environmental Scan, etc.):
82.4% of Mid Beach residents surveyed rated the Maintenance of Parks as Excellent & Good compared
to 85.4% of residents in the city overall. This is an increase of 5.7% overall from year 2007 to 2009.
84.1% of Mid Beach residents surveyed rated Overall Quality of Life within the City of Miami Beach as
Excellent & Good compared to 84.8 of residents in the city overall. This is an increase of 0.1% overall
from year 2007 to 2009.
Issue: 1 Shall the City Commission adopt the Resolution?
On September 15'" 2010 the City of Miami Beach commission passed a resolution authorizing the
execution of an underground utility duct bank installation agreement with Florida Power & Light Company
(FPL) for the installation and maintenance of conduit, underground duct bank, and a transformer that will
service Collins Park. Part of that agreement is for the elimination of utility poles located along 22nd Street.
Other utility companies which currently have facilities on above mentioned utility poles, AT&T, Atlantic
Broadband, and Sprint are also required to remove their overhead facilities and install these underground.
Separate agreements with each utility company are the necessary instruments to achieve these efforts.
The Administration recommends that the Mayor and City Commission hereby approve and authorize the
Mayor and the City Clerk to execute the Agreements with AT&T and Atlantic Broadband; and further
authorize the City Manager to execute an agreement with Gulf Coast Real Estate Consultants (Sprint), in
order to remove the existing overhead facilities and install these underground.
Advisory Board Recommendation:
I ClPOC
I I
Financial Information: Not applicable, no funding required.
I ina ah dial Impact Summary: I
City Clerk's Office Legislative Tracking:
Maria Hernandez x2584
2
3
4
Total
T:L4GENDA\2010\0ctober 27\Consent\Collins Park - 22nd Street Utility Agreements - SUMMARY.doc
Approved
$1 19,409.64
AM1 BEACH
Account
365-2398-067357
Amount
$1 19,409.64
Source of
Funds: 1
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager JBhq
DATE : October 27, 201 0
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, WAIVING, BY ~U~VOTE, THE COMPETITIVE BIDDING
REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF
THE CITY, AND APPROVING AND AUTHORIZING THE MAYOR AND THE ClTY
CLERK TO EXECUTE UTILITY CONSTRUCTION AGREEMENTS FOR THE
UNDERGROUND PLACEMENT OF ALL OVERHEAD FACILITIES ALONG 22ND
STREET, FROM COLLINS AVENUE TO PARKAVENUE, WlTH THE FOLLOWING
UTILITIES OR THEIR CONTRACTORS: AT&T, IN THE AMOUNT OF $63,720.00,
AND ATLANTIC BROADBAND, IN THE AMOUNT OF $35,734.00; FURTHER
APPROVING AND AUTHORIZING THE ClTY MANAGER TO EXECUTE AN
AGREEMENT WITH GULF COAST REAL ESTATE CONSULTANTS, INC.,
(UTILITY CONTRACTOR FOR SPRINT), IN THE AMOUNT OF $19,955.64; WlTH
FUNDING AVAILABLE FROM PREVIOUSLY APPROPRIATED FUNDS IN THE
ClTY CENTER RDA CAPITAL FUND 365.
ADMINISTRATION RECOMMENDATION
Execute the Agreements and approve the funding.
FUNDING
Funding in the amount of $1 19,409.64 is available from the previously appropriated funds for
construction in the City Center RDA Capital Fund, account number 365-2398-067357.
ANALYSIS
On July 28, 2004, MC Harry Associates was commissioned by the City of Miami Beach to
provide design services for Collins Park, parking lot, streetscape and the Rotunda
renovation under the master plan originally prepared by Robert A.M. Stern Architects. The
project scope included renovations to Collins Park, the parking lot to the east of the park,
and adjacent streetscape improvements. A more detailed explanation of the three areas is
provided below:
Collins Park
Renovation of the existing park which includes landscaping, irrigation, pedestrian
lighting, drainage, hardscape including but not limited to curbs, sidewalk, and ADA
ramps, renovation of the Rotunda building, and street furniture as described in the
Master Plan.
Collins Park - 22nd Street - Utility Agreements
October 27,2010
Page 2 of 3
21 St Street Parking Lot (East of Collins Avenue)
Renovation of the existing parking lot, including new landscaping, irrigation, lighting,
drainage and proposed hardscape improvements, including curbs, sidewalks, and ADA
ramps.
Streetscape - 21'' Street and 2znd Street
Renovation of existing streetscape along 21St Street and 2znd Street including
replacement of existing sidewalks, lighting, irrigation, landscaping, street paving,
drainage and waterline improvements.
Streetscape - Park Avenue
Renovation of existing streetscape along Park Avenue between 2lSt Street and 22'
Street including replacement of existing curb and sidewalks on west side of Park
Avenue, reconstruction of median including new landscaping and irrigation, and street
paving.
On August 15,2008, a Job Order Contracting contract was awarded to Metro Express, Inc.
The project was implemented in two phases in order to accommodate work to the east and
west of Collins Avenue. The work to the east of Collins Avenue was completed in October
2009 and the second phase of work (Rotunda and Collins Park west of Collins Avenue) is
currently under construction with a final completion date for the Park scheduled for October
201 0.
On September 1 !jth, 201 0 the City of Miami Beach Commission passed Resolution No. 2010-
27465 authorizing the execution of an underground utility duct bank installation agreement
with Florida Power & Light Company (FPL) for the installation and maintenance of conduit,
underground duct bank, and a transformer that will service Collins Park. This agreement
also includes the elimination of utility poles located along 22" Street and the relocation of
FP&L's overhead facilities to underground. The total cost to convert all aerial utilities to
underground along 2znd Street adjacent to Collins Park is as follows:
FPL:
AT&T:
Atlantic Broadband:
Sprint:
Total
Other utility companies which currently have facilities on above mentioned utility poles,
AT&T, Atlantic Broadband, and Sprint are also required to remove their overhead facilities
and install these underground. The attached Agreements (Attachments A, B & C) are the
necessary instruments to achieve these efforts.
Attachment A pertains to AT&T and is dated September 21, 2010 in the amount of
$63,720.00. Attachment B pertains to Atlantic Broadband and is dated September 7,2010
in the amount of $35,734.00, and Attachment C pertains to Gulf Coast Real Estate
Consultants (utility contractor for Sprint) and is dated September 8, 201 0 in the amount of
$1 9,955.64.
Collins Park - 22nd Street - Utility Agreements
October 27, 2010
Page 3 of 3
CONCLUSION
The Administration recommends that the Mayor and City Commission hereby approve and
authorize the Mayor and the City Clerk to execute the Agreements with AT&T and Atlantic
Broadband; and further authorize the City Manager to execute an agreement with Gulf Coast
Real Estate Consultants (Sprint), in order to remove the existing overhead facilities and install
these underground. Further, a 5l7 this waiver of the competitive bidding requirement will be
necessary relative to the agreements pertaining to the relocation of AT&T and Atlantic Broadband
utilities.
T:\AGENDA\201O\October 27\Consent\Collins Park - 22nd Street Utility Agreements - MEMO.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, WAIVING, BY 517'~ VOTE, THE COMPETITIVE
BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE MAYOR
AND THE CITY CLERK TO EXECUTE UTILITY CONSTRUCTION
AGREEMENTS FOR THE UNDERGROUND PLACEMENT OF ALL OVERHEAD
FACILITIES ALONG 2zND STREET, FROM COLLINS AVENUE TO PARK
AVENUE, WITH THE FOLLOWING UTILITIES OR THEIR
CONTRACTORS: AT&T, IN THE AMOUNT OF $63,720.00, AND ATLANTIC
BROADBAND, IN THE AMOUNT OF $35,734.00; FURTHER APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WlTH
GULF COAST REAL ESTATE CONSULTANTS, INC., (UTILITY CONTRACTOR
FOR SPRINT), IN THE AMOUNT OF $19,955.64; WlTH FUNDING AVAILABLE
FROM PREVIOUSLY APPROPRIATED FUNDS IN THE CITY CENTER RDA
CAPITAL FUND 365.
WHEREAS, on July 28, 2004, the City Commission approved Resolution No. 2004-
25652, approving a Professional Services Agreement for design services with MC Harry
Associates for the design of Collins Park, parking lot, streetscape and the Rotunda
renovation (the Project), under the Master Plan originally prepared by Robert A.M. Stern
Architects, and
WHEREAS, on August 15, 2008, a Job Order Contracting construction contract for
the project was awarded to Metro Express, Inc., and
WHEREAS, the Project was implemented in two phases in order to accommodate
work to the east and west of Collins Avenue, and
WHEREAS, the work to the east of Collins Avenue was completed in October 2009,
and the second phase of work (west of Collins Avenue) is substantially complete, and
WHEREAS, on September 1 5th, 201 0, the City Commission approved Resolution No.
2010-27465, authorizing the execution of an underground utility duct bank installation
agreement with Florida Power & Light company (FPL) for the installation and maintenance of
conduit, underground duct bank, and a transformer that will service Collins Park, and
WHEREAS, other utility companies which currently have facilities on existing utility
poles, AT&T, Atlantic Broadband, and Sprint, are also required to remove their overhead
facilities and install these underground.
T:LAGENDA\2010\0ctober 2nConsent\Collins Park -22nd Street Utility Agreements - RESO.doc
73
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA that the Mayor and
City Commission hereby waive, by 517'~ vote, the competitive bidding requirement,
finding such waiver to be in the best interest of the City, and approve and authorize
the Mayor and City Clerk to execute utility construction agreements for the
underground placement of all overhead facilities along 22nd Street, from Collins
Avenue to Park Avenue, with the following utilities or their contractors: AT&T, in the
amount of $63,720.00, and Atlantic Broadband, in the amount of $35,737.00; further
approving and authorizing the City Manager to execute an agreement with Gulf
Coast Real Estate Consultants, Inc., (utility contractor for Sprint), in the amount of
$19,955.64; with RDA funding available from previously appropriated funds in the
City Center RDA Capital Fund 365.
PASSED AND ADOPTED this day of ,2010.
ATTEST:
ROBERT H. PARCHER, CITY CLERK MATTI HERRERA BOWER, MAYOR
APPROVED AS TO
FORM & LANGUAGE .
a, FOR EXECUTION
T:\AGENDA\SOI O\October 27\Consent\Collins Park -22nd Street Utility Agreements - RESO.doc
74
I Attachment A
L- . . . _;-- -
September 21,2010
City of Miami Beach
1700 Convention center Drive
Miami Beach, FI 33139
c/o: Maria Hernandez CIP Oftice
RE:Relocate aerial facilities along 22nd St from Collins Ave to Park Ave. :
AT&T has received a request from you (or your company) to perform the following work:
Relocate aerial facilities along 22nd St from Collins Ave to Park Ave. No restoration to be
done, only temporary restoration. City tr, do all final restorations of street and sidewalks.
Special construction charges apply. Engineering and Construction will not begin until the
attached contract is signed by you or your authorized agent. The oriainal sianed contract
Lt7
anv work.
This quote is only valid for 60 days from the date of this letter. If I can be of further
assistance, please do not hesitate to contact me at 305-222-0932.
305-222-0932
Network Services
AE3T Florida
Project # 7960231 lob Authority f OMPO6313B
1 NOTE: Please associate the Project # above with the check or other form of payment.
I --
I Return the oriainal siclned contract to:
9101 SW ~4~ ST
MIAMI, FLORIDA 331 65
<Attention: ANDRES HERNANDEZ
Payment in full is required within thirty days after the date of the AT&T invoke for
the charges associated with the work performed.
SPECIAL CONSTRUCTION AGREEMENT
.Project #: 7960231 Customer Name: CITY OF MAIM1 BEACH
Authority: OMP06313B Customer Number. MARIA HERNANDEZ CIP
AT&T Contact: ANDRES HERNANDEZ Work Site Address: 22ND ST FORM COLLINS
AVE TO PARK AV
Telephone #: 305-222-0932
'lXs Special Construction Agreement ("Agreementt') is enteredjjnto by and betweenBellSonth
Telecodcatio~~s, hc. d/b/a ATLT Southeast ("AT&T") md CEY OF MAIM BEACH ("Customern).
AT&T and Customer hereby agree to the following terms and conditim
1. Tariffs. 'Fhis Agreement is subject to and controlled by ttte provisions of AT&Tas tarifb and all such
revisions to said td% as may be made &om time to time.
2. S~eclal Conatructior\. This Agreement Is for the special construction as further described
on ,Exhibit 9, attached hereto and incorporated herein by this reference ("Special
Constructionn). As consideration for the Special Construction, Customer shall pay to AT&T
$63,720.00 ("Speclal Construction Charges"). Payment in full h required within thirty
days after AT&T issues an invoice to the Customer for the Special Construction
Charges.
3. Earlv Terminafion. Should Customer terminate or cancel this Agreement prior to the
completion of construction, Customer shall remain liabfe for the Special Construction
Charges. Customer acknowtedges and agrees AT&T shall incur substantial up-front costs in
connection with its performance under this Agreement and that damages in the event of such
early termination or cancellation are not readily ascertainable and that in such event of ear&
terminaffon payment of the Special Constructfon Charges is reasonable. Customer further
acknowledges and agrees that it hereby waives any right to contest such payment of the
Special Construction Charges for any reason, Including, but not limited to reasonableness of
the charges, quality of the work, or timeliness of the work.
4. Uml!atlon of iiabili&. AT&TSs maximum lbbility arising in, out of or in any way connected
to this Agreement shall be as set forth in the tariffs and in no event shall exceed Special
Construction Charges paid by Customer to AT&T.
5. -. Any provision of this Agreement held by a court of competent jurisdiction to be
invalid or unenforceable shall not impair or lnvaltdate the remainder of thb Agreement and
the effect thereof shall be confined to the provision so held to be invalid or unenforceable.
6. Successors and Assins. This Agreement is binding upon and shall inure to the benefit of
the parties and their respective successors and assigns.
- 7. Ciiiiii--~~reernentmaybT~tedn one or more couri~rts,8aCh~f which -
when so executed shall be deemed to be an original, but all of which when taken together
shall constitute one and the same instrument.
8. Effect of Waivq. No consent or waiver, express or impiied shall be deemed a consent to or
waiver of any other breach of the same or any other covenant, condition or duty.
9. . j-leadln~. The headings, captions, and arrangements used In this Agreement are for
convenience only and shall not affect the interpretation of this Agreement.
10. Modification. This Agreement constitutes the eniire agreement between the parties and can
oniy be changed in a writing or writings executed by both of the parties. Each of the parties
forever waives all right to assert that this Agreement was the result of a mistake in law or fact.
11. Interoretation. The parties agree that this Agreement shall not be interpreted in favor or
against either any party. The parties further agree that they entered into this Agreement after
conferring with legal counsel, or after having a reasonable opportunity to confer with legal
counsel.
12. A~olicable Law. This Agreement shall be governed and interpreted in accordance with the
laws of the State ofFlorida , without regard to -Florida Is conflict of law
principles.
13. Attornevs' fees. If either pa@ materially breaches this Agreement and should the non-
breaching party seek to enforce it rights through legal action, the prevailing party shan
recover from the other party all costs and expenses incurred, Including, but not limited to,
reasonable attorneys' fees.
14. AuUlaritv, The signatories to this Agreement represent and warrant that they are duly
authorized to execute this Agreement.
15. No Precedent. Except for the matters resolved and released herein, this Agreement is of no
value and shall not be considered precedent for resolving any dispute that may atbe in the
future,
16. Final Aareement. THlS AGREEMENT REPRESENTS THE ENTIRE AND FINAL
EXPRESSION OF ME PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF.
THlS AGREEMENT MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR,
CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES;
THERE ARE NO UNWRITTEN ORAL AGREEMENTS BRWEEN THE PAFtTIES. NO
MODIFICATION, RESCISSION, WAIVER, RELEASE OR AMENDMENT OF ANY
PROVISION OF THIS AGREEMENT SHALL BE MADE, EXCEFT BY A WRITTEN
AGREEMENT SIGNED BY BOTH PARTIES. .
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
duly authorized representative on the dates set forth below. This quote is only valid for 60 days
from the date of this letter.
CUSTOMER
Printed Name
Authorized Signature
Title
Date
AT&T Southeast
Andres Hernandez
Title Resources Manager
Date September 21, 2010
EXHIBIT 1
DESCRIPTION OF SPECIAL CONSTRUCTlON
Relocate all AT&T aerlal facilities along 22nd St from Collins Ave to Park Ave, into underground
system. Will be placlng iws traffic grade handholes, one pedestrian grade handhoie and 1408' of
4" pvc conduit, via open trench process. No final restoration wilt be done either in the street or
sidewalk. Only temporary patch of street or sidewalk will be done. City has agreed to dq the final
restoration on the sidewalk and the streets that are affected by AT&T's work..
ATL-ANTIC
broadband
Date: September 7,2010
Relocation Charges:' %3.!5,734.00
To: City of Mimi Beach
1701, Meridian Ave.
Wami Beach, FL 33139
Project Name: ~2"~ St. Relo Park to Collins
Project Contact: Maria Hernandez
Contact Numberr 305-673-7071
Project Address: ~2~~ St. Relo Park to Collias
. - .- .- . . . . . .
I Attachment B
Authorization Signature:
Atlantic Broadband (ABB) has received a request &om you (or your company) to pexform the following
work:
Re5eate the existing CATV overhead facilities running east to west on the south
side of 22nd St for approximately 700 feet We will relocate our existing overhead
fkcili~ to an akceptable underground location.
hgkeeriag and Construotion will not begin untiI this sigued agreement with advanced payment is
received. Please sign this authorhtion form in the space provided and return it with your advance
payment, to the address listed below. In der to insure that yonr payment is processed correctly and the
work is scheduled 'in a timely manner, it is important that you list the project name listed above on your
check and mtum this form with your advanced payment to:
Atlantic Broadband
Am. Construction Manager
1681 Kennedy Causeway
North Bay Vidlage, FL 33141
This quote is ody valid for 30 days fbrn the date listed above.
A I
I Contact the following ABB individuals i
I if you have any questions
1 -
I !
/ i - David McBride avid ~c~ri& - ~onstrudn ~~r. -r Co~on Manager 305-861-8069 ext 3204
Atlantic Broadband
Dave Conkle - Tech Ops. Diector
305-861-8069 PS 3201
GCRE-C
Gulf Coast Real Estate Consultants, LC
Services Quote/Proposal
GCREC P#00401 .OO
PO Request To:
Company City of Miami Beach
Contact Maria Hernadez
Phone (305) 573-7071
email: mariahernandeza miamibeachfl.aov
1 Attachment C
21 23 South Philippe Avenue -. - . . -. . - . -. - . . . .- . -- -- . . . . - - .
Gonmles, Louisiana 70737
Telephone: [225] 644-1 166
Telehx [225] 644-6487
GCREC P# 00404.01
September 8,2010
Miami Beach DAS
Site #FL6809
Tax ID Number - 72-1419021
Please email your Purchase Oorder to: POSOgcrec.org
RE: Miami Beach DAS - FL6809
GCFREC Project #lo-00404.01 - 22nd Ave. between Park and Collins
Scope of wo~
Avenues and
reauirements.
,k is to remove the Sprint aerial cable along 22nd between Park and Collins
place it underground in conduit' in accordance with all City of Miami Beach
Remove approximately 1,250 LF of aerial cable (from existing splice; install new
dukts; pull cable thru new ducts and re slash to poles as necessary; and, re-fusion splice fiber to
restore to service as required by agreements with City of Miami Beach and FPL. Document the
changes with FPL as required.
\ a Splicing of 144 count fiber
I._- *.L .--__--.. ,__c^________.~.--------
I i r Pull cable back thru newlexisting pipe -approx 700 LF . --- . .
r CompactionIDensity Testing - (includes proctor and multiplfifts)
Professional Services - Engineering $ 2,000.00
- .P~~iec_trlan.ni.~~and~~~~~~d.i.n.at.i~n - ... $ 2,500-00
Total $ 19,955.64
Services - Description
:Labor and Material to relocate fiber optic cable along 22nd St. Between Park and
I ,Collins Avenues to underground duct work. Scope of work includes the
jdirectional boring and installation of new ducts and pull fiber optic cable thru new
~_du~~W~~ck~i.n~acc~~~d~~ ----.-
a Directional bore of 2 ea 2" HPDE pipes - approx. 165'
-..-"____^ - .,---.- .-.. .^ .,.. ,.,,",-l-.-.L..--l..-l__-.-.,"L -.-..- -.-..- """....ill-----.-
r Ground penetrating radar
r Perform tie-in of 2 ea 2" HDPE pipes at HH ,- -. . -- - -, . - . - - - . - . - - -- - - - . . . - - -. - - . . . . - - . -. . .. , . .-- - -
r RernovelReplace concrete sidewalk _-_.--- - --^ --.-___lll_l__ --
I - ' a Perform tie-in of 2 ea 2" HPDE pipes at existing riser pole
) .--. __ . _ , ._. - -___._..._______+_l__l____L-_I-.~. (_--
r Remove existing aerial fiber and pull out underground cable 1. ___. -._ __ _.-__. .,.-. . _ _ __. .. _.- .._.__-.____ -_ _I--..l-,-
Your prompt attention to this proposal is greatly appreciated.
Amount
$ 15,455.64
Other Looations:
26 Commerce Court New Orleens, LA70123 Telephone I5041 733-0899 -Telefax [504] 733-5859
21 50 Northwest Parkway. Suite N *Marietta, GA 30067 9 Telephone I7701 2724220 ~Telefax [770j 272421 9
2870 Gessner Drive, Suite.GI5 Houston. TX 77080 *Telephone I7131 973-9101 'Telefex [713] 939-1856
THIS PAGE INTENTIONALLY LEFT BLANK
OFFICE OF THE CITY ArrORNEY
JOSE SMITH, CITY ATTORNEY
TO:
FROM:
DATE:
Mayor Matti Herrera Bower
Members of the City Commission
City Manager Jorge Gonzalez
COMMISSION MEMORANDUM
Jose Smith 5 1 9
City Attorney
October 27,201 0
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MIAMI BEACH, FLORIDA, APPROVING A MEMORANDUM
OF UNDERSTANDING (MOU) BETWEEN THE ClTY OF MIAMI
BEACH AND THE ClTY OF CORAL GABLES AUTHORIZING THE
ClTY ATTORNEY'S OFFICE TO PROVIDE LEGAL SERVICES, TO
THE ClTY OF CORAL GABLES IN CONNECTION WITH RECOVERY
OF MONIES AND/OR PROPERTY PURSUANT TO THE FLORIDA
CONTRABAND ACT (I.E. FORFEITURES COLLECTIONS).
The City of Coral Gables has requested the Office of the City Attorney to represent the
City of Coral Gables Police Department in forfeiture matters initiated under the Florida
Contraband Forfeiture Act.
The City of Miami Beach and the City of Coral Gables will execute a Memorandum of
Understanding (MOU), setting forth the parties responsibilities and duties surrounding the
representation of the City of Coral Gables in those forfeiture proceedings brought pursuant to
the Florida Contraband Forfeiture Act. The City of Coral Gables, as set forth in the MOU, shall
compensate the Office of the City Attorney for Miami Beach at the hourly rate of $150.00, and
any incidental costs that are required, or are incurred, pursuant to the forfeiture proceedings set
forth in the Florida Contraband Forfeiture Act.
The Office of the City Attorney hereby recommends that the Mayor and City Commission
approve the Memorandum of Understanding with the City of Coral Gables.
F:\atto\BOW\\Commission Memo\Reso Re City of Coral Gables Forfeitures.docx
Agenda Item C 7 C
Date /0-4 740
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MIAMI BEACH, FLORIDA, APPROVING A MEMORANDUM
OF UNDERSTANDING (MOU) BEWEEN THE ClTY OF MIAMI BEACH
AND THE ClTY OF CORAL GABLES AUTHORIZING THE ClTY
ATTORNEY'S OFFICE TO PROVIDE LEGAL SERVICES TO THE ClTY
OF CORAL GABLES IN CONNECTION WITH RECOVERY OF MONIES
AND/OR PROPERTY PURSUANT TO THE FLORIDA CONTRABAND
ACT (I.E. FORFEITURES COLLECTIONS).
WHEREAS, it is the responsibility of the respective governments of the City of Miami
Beach and the City of Coral Gables, Florida to ensure that any contraband article used in
violation of any provision of the Florida Contraband Forfeiture Act be seized by each respective
Police Departments; and
WHEREAS, the City of Coral Gables, by and through the Coral Gables Police
Department, may seize any contraband article, which shall be forfeited subject to the provisions
of the Florida Contraband Forfeiture Act; and
WHEREAS, the City of Coral Gables does not have an attorney or police legal advisor
capable of initiating and prosecuting forfeiture proceedings subject to the provisions of the
Florida Contraband Forfeiture Act; and
WHEREAS, the City of Coral Gables has requested the Office of the City Attorney to
represent the City of Coral Gables Police Department in forfeiture matters initiated under the
Florida Contraband Forfeiture Act; and
WHEREAS, the City of Miami Beach and the City of Coral Gables will execute a
Memorandum of Understanding (MOU), setting forth the parties responsibilities and duties
surrounding the representation of the City of Coral Gables in those forfeiture proceedings
brought pursuant to the Florida Contraband Forfeiture Act; and
WHEREAS, The City of Coral Gables, as shall be set forth in the MOU, shall
compensate the Office of the City Attorney for Miami Beach at the hourly rate of $150.00, and
any incidental costs that are required, or are incurred, pursuant to the forfeiture proceedings set
forth in the Florida Contraband Forfeiture Act.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, hereby approve a Memorandum
of Understanding between the City of Miami Beach and the City of Coral Gables authorizing the
City Attorney's Office to provide legal services to the City of Coral Gables in connection with
recovery of monies and/or property pursuant to the Florida Contraband Act (i.e. forfeitures
collections).
PASSED and ADOPTED this day of October, 201 0.
ATTEST:
ROBERT PARCHER, ClTY CLERK
MATTI HERRERA BOWER
MAYOR APPROVED AS TO
FORM & LANGUAGE
C7 - Resolutions
C7D A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A First
Amendment To The Interlocal Agreement Between The City And The School Board Of
Miami-Dade County, Florida, Providing For The School Board's Construction Of Certain
lmprovements On The City's Right Of Way Along Portions Of Prairie Avenue And Dade
Boulevard (As Originally Approved Pursuant To City Resolution No. 2007-26478); Said
Amendment Providing For The City's Design And Construction Of Certain Remaining
lmprovements On The Right Of Way, In Consideration Of The Board's Payment Of
$21 5,074. (Page)
(City Attorney's Office)
(Memorandum & Resolution To Be Submitted In Supplemental)
AGENDA ITEM: - C7D
DATE: 10/27/10
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution re-appointing Mr. Warren Bittner, Esq. to serve as Special Master for the City's Historic
Preservation Board.
Key Intended Outcome Supported: I Ensure all historically significant structures, sites, and districts are considered for local designation by the I
Commission.
Supporting Data (Surveys, Environmental Scan, etc.): in 2009, the City has an inventory of 1,515
contributing properties within existing Local Historic Districts and a total number of 1,861 properties
located within the existing Local Historic Districts.
Issue:
Shall Mr. Warren Bittner, Esq. be re-appointed to serve as a Special Master for the City's Historic
Preservation Board until September 16, 2013?
ltem SummarvlRecommendation: .,
Mr. Bittner has ample experience in historic preservation, as he was legal counsel to the City of Miami
Historic Preservation Board and was the Chair of the Miami Shores Historic Preservation Board.
Furthermore, Mr. Bittner is an attorney for a government entity and he is not expected to have conflicts of
interest which would prevent him from hearing cases. Mr. Bittner has served the City of Miami Beach with
distinction for the past nine years in his capacity as Special Master. He has proven to be objective and
thoughtful in his review of cases and his orders outlining his conclusions have been well written and on
point as to the issues involved.
The Administration recommends approving the resolution. It should be noted that the last time an Appeal
was heard was prior to FY 2009-2010.
Advisory Board Recommendation:
NIA
City Clerk's Office Legislative Tracking:
Bob Parcher, City Clerk
Financial Information:
Agenda ltem d 7
Account Source of
Funds:
El OBPl
Sign-Offs:
Date /'d 7-60
Financial Impact Summary:
I
2
Total
City Manager Department Director
k9
Amount
Assistant City Manager
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniamibeachfl.gov
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
Jose Smith, City Attorney
DATE: October 27, 201 0
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, RE-APPOINTING MR. WARREN BITTNER, ESQ.
TO SERVE AS SPECIAL MASTER FOR APPEALS OF DECISIONS OF THE
CITY'S HISTORIC PRESERVATION BOARD UNTIL SEPTEMBER 16,201 3,
AND SETTING THE COMPENSATION AT $100.00 PER HOUR WITH A
MAXIMUM PAYMENT OF $500.00 PER CASE.
ADMINISTRATIVE RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On September 17, 2007, the City Commission passed Resolution No. 2007-26642, re-
appointing Mr. Warren Bittner, Esq. as Special Master for appeals of decisions of the City's
Historic Preservation Board, for a three year period expiring September 16, 2010, and
setting Mr. Bittnerls compensation at $1 00.00 per hour with a maximum payment of $500 per
case.
City of Miami Beach City Code, Section 118-537 (b) (1) provides that "the applicant, the
owner(s) of the subject property, the city manager, Miami Design Preservation League,
Dade Heritage Trust, or an affected person may appeal the board's decision to a special
master appointed by the city commission."
Pursuant to Miami Beach City Code, Section 1 18-537 (b) (3), "Special Masters appointed to
hear appeals pursuant to this subsection (b) shall be attorneys who are members in good
standing with the Florida Bar and have expertise in the area of historic preservation. Special
Masters shall serve terms of three years, provided however, that they may be removed
without cause upon a majority vote of the city commission." Mr. Bittner has ample
experience in historic preservation, as he was legal counsel to the City of Miami Historic
Preservation Board and was the Chair of the Miami Shores Historic Preservation Board.
Furthermore, Mr. Bittner is an attorney with a government entity; he is not expected to have
conflicts of interest which would prevent him from hearing cases.
Mr. Bittner has served the City of Miami Beach with distinction for the past nine years in his
capacity as Special Master. He has proven to be objective and thoughtful in his review of
cases and his orders outlining his conclusions have been well written and on point as to the
issues involved.
F:\CLER\$ALL\MARIA-M\Warren Bittner Commission Memo.doc
88
Richard Lorber, Planning Director, William Cary, Assistant Planning Director, and Thomas
Mooney, Preservation and Design Manager, support the re-appointment of Mr. Warren
Bittner as Special Master for the Historic Preservation Board appeals.
Since the item was deferred from the September 15, 2010 Commission Meeting, at the
request of the Commission, Warren Bittner met with Commissioner Edward L. Tobin and
Commissioner Jerry Libbin.
The Administration recommends that Mr. Bittner be re-appointed for a three (3) year term
expiring on September 16,201 3. It should be noted that the last time an Appeal was heard
was prior to FY 2009-2010.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE ClTY OF MIAMI BEACH, FLORIDA, RE-APPOINTING MR.
WARREN BITTNER, ESQ. TO SERVE AS SPECIAL MASTER
FOR APPEALS OF DECISIONS OF THE CITY'S HISTORIC
PRESERVATION BOARD UNTIL SEPTEMBER 16, 2013, AND
SETTING THE COMPENSATION AT $100.00 PER HOUR WITH A
MAXIMUM PAYMENT OF $500.00 PER CASE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach
recognize that a process for the review of decisions rendered by the Historic
Preservation Board has been established under City of Miami Beach City Code, Section
I 18-537 (b)(3); and
WHEREAS, affected parties have the right to seek a review by a Special Master
appointed by the City Commission of projects approved by the Historic Preservation
Board; and
WHEREAS, Mr. Warren Bittner, Esq., is a uniquely qualified individual, based
upon his experience in the field of historic preservation and as a practicing attorney, to
review decisions rendered by the Historic Preservation Board; and
WHEREAS, in City of Miami Beach Resolution No. 2007-26642, the Mayor and
City Commission re-appointed Mr. Warren Bittner, Esq. to serve as Special Master for
appeals of decisions of the City's Historic Preservation Board through September 16,
201 0; and
WHEREAS, Resolution No. 2004-25710 established the compensation at the
rate of $100.00 per hour with a maximum payment of $500.00 per case.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA that Mr. Warren Bittner,
Esq., is hereby re-appointed to serve as a Special Master for appeals of decisions of the
City's Historic Preservation Board for a period of three (3) years expiring on September
16, 2013, and to set his compensation at the base rate of $100.00 per hour with a
maximum payment of $500.00 per case.
PASSED and ADOPTED this day of , 2010.
ATTEST:
CITY CLERK
T:MGENDA\201 O\September 15\Consent\Warren Bittner-RES rev.doc
MAYOR
COMMISSION ITEM SUMMARY
Condensed Title:
I Elect Commissioner Michael Gongora, Group Ill, As Vice-Mayor For ATerm Commencing On November I
1, 2010, And Terminating On ~ebruary 28, 201 1, Or On-such Date When A New Vice-Mayor Is
Thereafter Elected.
Key Intended Outcome Supported: I Increase community satisfaction with City services. I
Supporting Data (Suweys, Environmental Scan, etc.): NIA
Issue:
Shall the City Commission Elect Commissioner Michael Gongora as Vice-Mayor?
Item SummarylRecommendation:
The City Commission has established a policy of rotating the position of Vice-Mayor every four (4) months.
Since 1994, the rotation has been by Commission Group numbers in the following sequence, Group I, II,
Ill, IV, V, and VI.
Based on this direction, the next Vice-Mayor Group is Group Ill. The term for the next Vice-Mayor is
November I, 2010 through February 28,201 1. Commissioner Michael G6ngora (Group Ill) is next in the
rotation to serve as Vice-Mayor.
Advisory Board Recommendation:
I NlA
Financial Information:
I I
Source of
Funds:
Financial Impact Summary:
Approved
'
OBPl
City Clerk's Office Legislative Tracking: I Robert E. Parcher, City Clerk
Account
1
I I I
Total I I
AM1 BEACH
Amount
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 27, 201 0
SUBJECT: A RESOLUTION OF THE MAYOR ITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ELECTING COMMISSIONER MICHAEL
GONGORA, GROUP Ill, AS VICE-MAYOR FOR A TERM COMMENCING ON
NOVEMBER 1,2010, AND TERMINATING ON FEBRUARY 28,201 1, OR ON
SUCH DATE WHEN A NEW VICE-MAYOR IS THEREAFTER ELECTED.
ANALYSIS
The City Commission has established a policy of rotating the position of Vice-Mayor every
four (4) months. Since 1994, the rotation has been by Commission Group number in the
following sequence, Group I, 11, Ill, IV, V, and VI.
Based on this direction, the next Vice-Mayor Group is Group Ill. The term for the next Vice-
Mayor is November 1, 2010 through February 28,201 1. Commissioner Michael Gongora
(Group Ill) is next in the rotation to serve as Vice-Mayor.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MIAMI BEACH, FLORIDA, ELECTING COMMISSIONER
MICHAEL GONGORA, GROUP Ill, AS VICE-MAYOR FOR A TERM
COMMENCING ON NOVEMBER I, 2010, AND TERMINATING ON
FEBRUARY 28, 2011, OR ON SUCH DATE WHEN A NEW VICE-
MAYOR IS THEREAFTER ELECTED.
WHEREAS, the Mayor and City Commission established a policy of rotating the position of
Vice-Mayor every four months; and
WHEREAS, for the term commencing on November 1,2010, and terminating on February
28, 201 1, the Mayor and City Commission herein elect Commissioner Michael Gongora as Vice-
Mayor.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClTY COMMISSION
OF THE ClTY OF MIAMI BEACH, FLORIDA that Commissioner Michael Gongora is hereby elected
as Vice-Mayor of the City of Miami Beach, Florida, for a term commencing on November 1, 201 0
and terminating on February 28,201 1, or on such date when a new Vice Mayor is thereafter elected.
PASSED and ADOPTED THIS 27th day of October, 201 0
ATTEST:
MATTI HERRERA BOWER,
MAYOR
ROBERT PARCHER,
ClTY CLERK
APPROVED AS TO
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting The City Manager's Recommendation Pertaining To The Ranking of Firms For A
Medical Services Provider, Authorizing The Administration To Enter Into Negotiations, And Authorizing The
Mayor And City Clerk To Execute An Agreement.
Key Intended Outcome Supported:
I Control costs of payroll, including salary and fringesIMinimize TaxesIEnsure expenditure trends are 1
sustainable over the long term.
Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Community Satisfaction Survey,
among the four (4) areas of customer service measured, 85.5% of respondents agreed that "The
employees that assisted me were courteous and professional."
Issue: I Shall the Commission Adopt the Resolution?
Item SummarylRecommendation:
The City has a need to establish an agreement with a professional medical services provider to perform
pre-employment physical examinations for new and prospective employees, drug and alcohol testing and
fitness for duty evaluations for current employees, and administer vaccines. The City currently has an
Agreement for these various medical services with Mount Sinai Medical Center that will expire on November
30, 2010, with no further options for renewal. The City seeks to retain the highest quality medical provider
services available.
The Mayor and City Commission at its July 14, 2010 meeting, authorized the Administration to issue an
RFP for a medical services provider for the provision of various medical services. RFP No. 46-09/10 was
issued and sent to over 30 firms. Proposals were received from Health Care Center of Miami and Jackson
Health System.
An Evaluation Committee appointed by the City Manager reviewed, scored and ranked the proposals.
Based on the published evaluation criteria, the Committee Members unanimously ranked Health Care
Center of Miami as the top-ranked firm, and Jackson Health System as the second-ranked firm.
I It is recommended that the Mayor and City Commission adopt the resolution.
Advisory Board Recommendation: I N/A
I Financial Impact Summary:
Financial Information:
City Clerk's Office Legislative Tracking:
Gus Lopez ext 6641
AGENDA ~TEM C7G
DATE /oJ 7-/d
Account
Risk Management Fund Acct No. 540-1 791 -000355
Amount
$90,000
Source of
Funds:
1
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Members of the City Commission
FROM: r
DATE: October 27, 201 0
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
ClTY MANAGER PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 46-
09/10 FORA MEDICAL SERVICES PROVIDER FOR THE PROVISION OF
VARIOUS MEDICAL SERVICES THAT MAY BE REQUIRED BY THE ClTY OF
MIAMI BEACH, AND OTHER LOCAL, STATE, AND FEDERAL LAWS;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WlTH
THE TOP-RANKED FlRM OF HEALTH CARE CENTER OF MIAMI, AND
SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN
AGREEMENT WlTH THE TOP-RANKED FIRM, AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE WlTH THE SECOND-RANKED FlRM
OF JACKSON HEALTH SYSTEM; AND FURTHER AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT UPON THE COMPLETION
OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
$90,000 first year of Agreement.
Funding is available from Risk Management Fund Account Number 540-1791-000355.
KEY INTENDED OUTCOMES SUPPORTED
Control costs of payroll, including salary and fringes1Minimize TaxesIEnsure expenditure
trends are sustainable over the long term.
BACKGROUND
The City has a need to establish an agreement with a professional medical services provider
to perform pre-employment physical examinations, drug and alcohol testing, and fitness for
duty evaluations, and administer vaccines.
The City currently has an Agreement for these various medical services with Mount Sinai
Medical Center that will expire on November 30,2010, with no further options for renewal.
The City seeks to retain the highest quality medical provider services available. The selected
provider will provide a physician to serve as City Physician and Medical Review Officer
Commission Memorandum
Ocfober 27, 2010
RFP No.46-09/1O-Medical Services Provider
Page 2 of 6
(MRO). The provider will provide other medical services as may be necessary or required by
the City and local, state and federal laws. The selected provider will also retain all related
medical records.
The Mayor and City Commission at its July 14,201 0 meeting, authorized the Administration
to issue an RFP for a professional medical services provider for the provision of medical
services as may be necessary or required by the City, and local, state and federal laws. The
new agreement with the selected provider would be for an initial term of two (2) years, with
three (3) additional one (1) one-year renewal options, by mutual agreement between both
parties.
RFP PROCESS
RFP No. 46-09/10 was issued on July 28,2010, and the Procurement Division e-mailed, as
well as uploaded the RFP to BidSync.com and BidNet, sending notifications to over 30 firms.
This outreach resulted in the receipt of two (2) proposals, one (1) from Health Care Center of
Miami and the other from Jackson Health System.
The incumbent medical services provider, Mount Sinai Medical Center, which has been
providing the services for the past five (5) years, did not submit a proposal. In performing its
due diligence, the Procurement Division requested on three (3) separate occasions that
Mount Sinai return the form enclosed in the RFP indicating the reason for not submitting a
proposal. In addition to the form being part of the RFP, Procurement also e-mailed the form
to the Mount Sinai contact person on two (2) of these occasions. No reply was received as
to why a proposal was not received from Mount Sinai.
On September 24, 2010, the City Manager via Letter to Commission No. 254-2010
appointed an Evaluation Committee (the "Committee"), consisting of the following
individuals.
Hernan Cardeno
Julio Magrisso
Rhonda McPherson
Chris Parrino
Gabriel Paez
Robin Porter
Adriana Valencia
Division Commander, Police Department
Assistant Director, Parks and Recreation Department
Assistant Director, Sanitation Division
Division Chief, Fire Department
Unidad and Member of the City's Personnel Board
HR Administrator, Human Resources Department
Resident and Leadership Academy Graduate
The City Manager selected Hernan Cardeno as chairperson of the Committee.
As a result of the responses to the RFP, and prior to the Evaluation Committee convening,
the Administration requested to participate in facility sites visits to Health Care Center of
Miami and Jackson Health System. These site visits were scheduled for October 6, 201 0
and were attended by the following individuals:
Ramiro lnguanzo
Rafael Granado
Sue Radig
Pamela Leja-Katsaris
Director, Human Resources
Assistant Director, Human Resources
HR Administrator I, Human Resources
Senior Procurement Specialist
The Administration wanted to view the operation of each facility, the conveniences for the
employees and new hires, and the accommodations each facility has made or would be
Commission Memorandum
October 27, 2010
RFP No.46-09/10-Medical Services Provider
Page 3 of 6
willing to make to meet the demands of the City, including staffing, security and parking.
The first visit was to the Health Care Center of Miami, located at 400 Arthur Godfrey Road
(41Ststreet), Suite 510 in Miami Beach. This facility is currently utilized by the City for our
Worker's Compensation plan. Employees have provided positive feedback for thisfacility's
services and availability.
Upon arrival, the evaluation team verified the availability of parking and discovered two (2)
City lots within a one (1) block radius. In addition, the facility does provide valet parking at
no cost to their patients.
The Health Care Center of Miami is strictly an Occupational Health Facility and only provides
care of occupational injuries, pre-employment and return to work physicals and drug
screenings. The office is staffed by a team of occupational health professionals all of which
are fully crossed trained in all the clinic functions to provide expedited care to their patients
and an on-site occupational medicine physician. Individuals are registered at the front desk
and within minutes are transferred to the appropriate treatment area and from what the team
could tell, within minutes of arrival.
Treatment rooms were clean and well equipped. The drug screening collection area
provided a private room for the employee to disrobe with the dry bathroom facilities directly
across the hall. The team did question security procedures for personal belongings and
firearms, both of which are deposited in a metal cabinet in the front of the facility with the key
held by one staff member. The team expressed concerns over the security of firearms and
were assured, if the awarded the City's contract, the facility would accommodate the City's
need for a individual, secured fire arm locker within the drug screening collection area, and
in sight of the employee.
The Health Care Center of Miami is not a 24-hour facility. The office is open Monday
through Friday from 8:30 a.m. to 5:00 p.m., with the ability to schedule appointments before
or after their regular hours. In addition, they do have an additional facility in Medley, Florida
open Monday through Friday from 7:30 a.m. to 7:00 p.m. and on Saturdays from 9:00 a.m. to
5:00 p.m. which could also be used by the City. Should the City require a drug screening
after hours, a member of the Miami Beach staff is on call and would be available within 45
minutes of our call to perform the appropriate screening at their Miami Beach office.
Jackson Health System is located at 11 1 N.W. 1'' Street in the ground floor of the Stephen
P. Clark Government Center in downtown Miami. The facility is new and will serve as the
first occupational health facility for Jackson Health System and a primary care health facility
for the employee members of the Jackson Health System's Medical Plan.
The team found locating the facility somewhat difficult. Parking was available at a cost
however the team was informed that parking would be validated for those parking in the City
of Miami Parking Garage.
The facility is open Monday through Friday from 7:00 a.m. to 5:00 p.m. The facility will serve
dual functions and is currently operating as a primary care facility and is scheduled to be
operational as an occupational health facility on December 1,201 0. The waiting room would
be shared, however, there was no mention if the treatment rooms would be shared between
their primary care and occupational health patients as well. The team was shown he
occupational health area which was all on one side of the facility. At the time of this site visit,
the occupational health rooms were not complete, most missing the appropriate testing
Commission Memorandum
October 27, 2010
RFP No.46-09/10-Medical Services Provider
Page 4 of 6
equipment.
Employees sent for drug screenings would disrobe in an area near the dry collection area.
When asked about security procedures for personal belongs and firearms, the team was told
the locking cabinet was not yet purchased and they would accommodate the City's need for
a individual, secured fire arm locker within the drug screening collection area, and in sight of
the employee.
This facility is not a 24-hour facility. Should the City require a drug screening after hours,
City employees would need to go to Jackson's central laboratory located at the Jackson
Health System main campus on 161 1 Northwest 12th Avenue.
The Committee convened on October 12,201 0, and was provided with an overview of the
project, information relative to the City's Cone of Silence Ordinance and the Government in
the Sunshine Law. The Committee listened to presentations and participated in a question
and answer session with each of the two (2) Proposers.
The Committee was instructed to score and rank each proposal pursuant to the evaluation
criteria established in the RFP, which was as follows, for a total possible 100 points:
Ability to Provide All Requested Services Within the Designated Timeframes 15 points
Cost of Services Provided 15 points
Convenience of Obtaining Service and Proximity to Miami Beach 15 points
Overall Reputation Within the Community 10 points
Experience Level and Credentials of Assigned Staff 15 points
Designated Contact Availability 5 points
Appointment and Next Day Scheduling for Each Service 10 points
Number of Appointments That Can Be Scheduled Daily for Each Service 15 points
Total: I00 points
The Committee discussed the proposals and proceeded to score as follows:
The Committee unanimously ranked Health Care Center of Miami as the top-ranked firm.
Health Care Center of Miami is an occupational medical center with two (2) locations in
Miami-Dade County, one in Miami Beach and one in Medley. The Miami Beach location is
located at 400 Arthur Godfrey Road (41St Street). The Center currently provides the City of
Miami Beach with Workers' Compensation injury case services, and has existing and
ongoing relationships with various other Miami-Dade County municipalities.
Hernan Cardeno
Julio Magrisso
Rhonda McPherson
Chris Parrino
Gabriel Paez
Robin Porter
Adriana Valencia
The Center processes over 20,000 drug tests, performs 12,000 physical exams, treats over
Jackson Health System Committee Member Health Care Center of Miami
89 (1)
94 (I)
97 (I)
80 (1)
90 (1)
100 (I)
I00 (1)
55 (2)
90 (2)
58 (2)
72 (2)
50 (2)
29 (2)
80 (2)
Commission Memorandum
October 27, 2010
RFP No.46-09/10-Medical Services Provider
Page 5 of 6
6,000 injuries, and administers several hundred immunizations each year. Clients and
patients are seen at both locations on a walk-in and/or scheduled basis, with same day and
next day scheduling available. They have the ability to schedule after hours services on an
as-needed basis, including the provision of a mobile unit. The Miami Beach facility has free
valet parking available during regular business hours, as well as on-street parking, and a
City parking lot and garage within (1) one block of the facility.
City of Miami Beach employees attending Health Care Center of Miami with or without an
appointment will be part of their Fast Access Program, which includes immediate registration
at the front desk, followed by entering the patient services area to receive care, with wait
times of a few minutes.
The Committee articulated the major factors in recommending Health Care Center of Miami
include the location of the Miami Beach facility and ease of nearby parking; the Center's
experience in providing occupational health services; and their mobile unit capabilities to
perform various types of testing at City locations, if requested.
Jackson Health System, an integrated healthcare delivery system, consists of Jackson
Memorial Hospital; multiple primary care and specialty care centers; a variety of school-
based clinics serving many elementary, middle and high schools; two (2) long-term care
nursing facilities; six (6) Corrections Health Services clinics; a network of mental health
facilities; Holtz Children's Hospital; Jackson Rehabilitation Hospital; Jackson Mental Health
Hospital; Jackson North Medical Center; and Jackson South Community Hospital. It is also
home to the Ryder Trauma center, Miami-Dade County's only level 1 adult and pediatric
trauma center; and the UMIJM Burn center, one of the leading burn treatment centers in the
nation and the only one in South Florida.
Jackson Health System's Jackson Downtown Medical Center located at 11 1 N.W. lSt street,
on the ground floor of the Stephen P. Clark Government Center, would be the primary facility
designated for servicing the City pursuant to award of an Agreement. This is a recent
addition to Jackson Health System, a newly renovated medical center, and is in process of
being equipped with entirely new and advanced equipment. There is a recently constructed
Miami Parking Authority garage adjacent to Jackson Downtown Medical Center, and all City
employees utilizing this garage while attending the Jackson facility would be provided with
free validated parking.
The Committee expressed concerns regarding the location of the Jackson facility, as it was
not on Miami Beach, resulting in what could be perceived as a lengthy period of time to
commute to and from the facility, as well as any waiting and testing time. Although the doctor
that was brought on board last year by Jackson Health System has proven experience in
occupational health, the Committee had trepidation regarding the lack of occupational health
services experience of Jackson, raising concerns with the City being the initial client for
these types of services.
As a result of the Committee's concerns regarding Jackson Health System, a motion was
passed unanimously to recommend that the Administration negotiate only with the top-
ranked firm of Health Care Center of Miami.
CITY MANAGER'S DUE DILIGENCE
Upon reviewing the Committee's recommendation to only negotiate with the top-ranked firm,
and in light of Jackson Health System's overall capabilities, the City Manager exercised his
due diligence and is recommending to the City Commission the decision he deems to be in
Commission Memorandum
October 27, 2010
RFP No.46-09/10-Medical Services Provider
Page 6 of 6
the best interest of the City. The City Manager is recommending that the Commission
authorize the Administration to negotiate an agreement with the second-ranked firm of
Jackson Health System, if the Administration is unable to negotiate an agreement with the
top-ranked firm.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the attached
resolution, which recommends the acceptance of the ranking of firms and authorizes the
Administration to enter into negotiations with the top-ranked firm of Health Care Center of
Miami and, if the Administration is unable to negotiate an agreement with the top-ranked
firm, authorize the Administration to negotiate with the second-ranked firm of Jackson Health
System; and further authorize the Mayor and City Clerk to execute an agreement upon the
completion of successful negotiations by the Administration.
T:\AGENDA\201 O\October 27\Consent\Medical Services Provider Memo.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
ClTY MANAGER PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 46-
09MO FORA MEDICAL SERVICES PROVIDER FOR THE PROVISION OF
VARIOUS MEDICAL SERVICES THAT MAY BE REQUIRED BY THE ClTY OF
MIAMI BEACH, AND OTHER LOCAL, STATE, AND FEDERAL LAWS;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WlTH THE TOP-RANKED FlRM OF HEALTH CARE CENTER OF MIAMI, AND
SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN
AGREEMENT WlTH THE TOP-RANKED FIRM, AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE WlTH THE SECOND-RANKED FlRM
OF JACKSON HEALTH SYSTEM; AND FURTHER AUTHORIZING THE MAYOR
AND ClTY CLERK TO EXECUTE AN AGREEMENT UPON THE COMPLETION
OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, the City has a need to establish an agreement with a professional
medical services provider to perform pre-employment physical examinations, drug and
alcohol testing, fitness for duty evaluations, and administer vaccines; and
WHEREAS, the City currently has an Agreement for these various medical
services with Mount Sinai Medical Center that will expire on November 30, 2010, with no
further options for renewal; and
WHEREAS, the Mayor and City Commission at its July 14, 2010 meeting,
authorized the Administration to issue an RFP for a medical services provider for the
provision of various medical services; and
WHEREAS, on July 28, 2010, RFP No. 46-09/10 was issued, and notices sent to
over 30 firms, which resulted in the receipt of proposals from Health Care Center of Miami
and Jackson health System; and
WHEREAS, on September 24, 2010, the City Manager via Letter to Commission
No. 254-2010 appointed an Evaluation Committee (the "Committee"), consisting of the
following individuals:
Heman Cardeno, Division Commander, Police Department
Julio Magrisso, Assistant Director, Parks and Recreation Department;
Rhonda McPherson, Assistant Director, Sanitation Division;
Chris Parrino, Division Chief, Fire Department;
Gabriel Paez, Unidad and Member of the City's Personnel Board;
Robin Porter, Administrator, Human Resources Department;
Adriana Valencia, Resident and Leadership Academy Graduate; and
WHEREAS, a site visit of each of the two Proposers was performed on Wednesday,
October 6, 2010, by representatives from the Human Resources Department and the
Procurement Division, all of whom were non-Committee members; and
WHEREAS, the Committee convened on October 12,2010, and was provided with
an overview of the project, information relative to the City's Cone of Silence Ordinance, the
Government in the Sunshine Law, listened to presentations and participated in a question
and answer session with each of the Proposers, and discussed and evaluated the
proposals based on the evaluation criteria as outlined in the RFP; and
WHEREAS, the Committee unanimously ranked Health Care Center of Miami as
the top-ranked firm, and Jackson Health System as the second-ranked firm; and
WHEREAS, as a result of the Committee's concerns regarding Jackson Health
System, a motion was passed unanimously to recommend that the Administration
negotiate only with the top-ranked finn of Health Care Center of Miami; and
WHEREAS, upon reviewing the Committee's recommendation to only negotiate
with the top-ranked firm, and in light of Jackson Health System's overall capabilities, the
City Manager exercised his due diligence and is recommending to the City Commission
the decision he deems to be in the best interest of the City, and that the Commission
authorize the Administration to negotiate an agreement with the second-ranked firm of
Jackson Health System, if the Administration is unable to negotiate an agreement with the
top-ranked firm.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pertaining to the
ranking of proposals pursuant to Request for Proposals (RFP) No. 46-09/10, for A Medical
Services Provider for the Provision of Various Medical Services That May be Required by
the City of Miami Beach, and Other Local, State, and Federal Laws; authorize the
Administration to enter into negotiations with the top-ranked firm of Health Care Center of
Miami; and should the Administration not be able to negotiate with the top-ranked firm,
authorize the Administration to negotiate with the second-ranked firm, Jackson Health
System; further authorizing the Mayor and City Clerk to execute an agreement upon
conclusion of successful negotiations by the Administration.
PASSED and ADOPTED this day of , 2010.
ATTEST:
ClTY CLERK MAYOR
APPROVED AS TO
FORM & LANGUAGE
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COMMISSION ITEM SUMMARY
Key Intended Outcome Supported: I Maintain strong growth management policies
Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Survey, while nearly half,
47.6%, suggested the effort put forth by the City to regulate development is "about the right amount,"
another 29.6% indicated "too little" effort is being put forth by the City in this area."
I I
Issue:
The Administration is requesting that the Mayor and City Commission schedule a first reading public
hearing on November 17, 201 0, to consider adopting the proposed overlay district.
Item Summary/Recommendation:
FIRST READING PUBLIC HEARINGS
Adopt the resolution with a scheduled first reading public hearing on November 17, 2010 with a time
certain at I 1 :00 a.m.
Advisory Board Recommendation:
On August 24, 2010, the Planning Board voted 3-2 to recommend approval of the proposed Alton Road
Historic District Overlay as amended. This motion failed due to a lack of 4 affirmative votes.
City Clerk's Office Legislative Tracking:
Joyce Meyers, Principal Planner, Planning Department.
'inancia1 Information:
Account
Financial Impact Summary: NIA
Amount Source of
Funds:
m3 OBPl
I
2
Total
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager m
DATE: October 27, 201 0 u u
SUBJECT: Alton Road Historic District Buffer Overlay - setting the First Reading
Public Hearing
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
ClN OF MIAMI BEACH, FLORIDA, SETTING A FIRST READING
PUBLIC HEARING TO CONSIDER AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE Ill,
"OVERLAY DISTRICTS," CREATING DIVISION 8 "ALTON ROAD -
HISTORIC DISTRICT BUFFER OVERLAY," BY INCLUDING SECTION
142-858 "LOCATION AND PURPOSE," AND SECTION 142-859
"DEVELOPMENT REGULATIONS," INCLUDING AMONG OTHER
PROVISIONS REGULATIONS ON MAXIMUM FLOOR AREA RATIO;
MAXIMUM BUILDING HEIGHT; MINIMUM SETBACKS; BUILDING
SEPARATION;-DEMOLITION OR ADDITIONS TO CONTRIBUTING
BUILDINGS IN AN HISTORIC DISTRICT; AND LAND USE
REGULATIONS FOR LOCATION OF RETAIL USES, RESTAURANTS,
BARS, ENTERTAINMENT ESTABLISHMENTS, ALCOHOLIC
BEVERAGE ESTABLISHMENTS AND SIMILAR USES; REQUIRING
CONDITIONAL USE APPROVAL OF SUCH USES IN EXCESS OF
20,000 SQ. FT.; AND PROHIBITING ALCOHOLIC BEVERAGE AND
ENTERTAINMENT ESTABLISHMENTS IN OPEN AREAS WITH
EXCEPTIONS AS PRESCRIBED IN THE ORDINANCE.
ADMINISTRATION RECOMMENDATION
The Administration is requesting that the Mayor and City Commission schedule a first
reading public hearing on November 17, 2010 to consider the proposed Alton Road
Historic District Buffer Overlay. The Administration recommends that the Mayor and City
Commission adopt the resolution.
In the Summer of 2006 the Historic Preservation Board initiated the westward expansion
of the Flamingo Park Local Historic District to the east right-of-way line of Alton Road
between 6* Street and 14* Street in order to protect the character of the adjacent
National Register Historic District as well as the historically significant but yet
unprotected properties along this stretch of Alton Road. It was noted by the board that
Commission Memorandum - October 27, 2010
Setting of Public Hearing - Alton Road Historic Buffer Overlay
Page 2 of 6
recent commercial development trends along Alton Road could significantly adversely
impact the quality of life and historic integrity of the National Register Historic District
thereby undermining the cultural tourism appeal and quality of life of the city.
At the same time the Historic Preservation Board requested the Planning Department to
initiate a major planning study of the Alton Road Corridor, including both sides of the
road between 5th Street and Michigan Avenue, which should include an analysis and
evaluation of existing uses and conditions, historically significant properties, permitted
building heights, allowable FAR, parking conditions and requirements, the efficacy of
current zoning, and the character of the public right-of-way with regard to pedestrian
amenities, convenient means of transit, and quality of landscape.
The board further requested that the Planning Department organize and advertise a
series of community planning workshops, inviting members of the Historic Preservation
Board and the Planning Board, in order to gain public input and insight from local
business owners and residents so that the Department might develop a comprehensive
set of planning and zoning recommendations for future development and preservation
along the corridor that would enable healthy future growth and development without
overwhelming or adversely impacting the historic character of the area.
On January 16, 2008, the Mayor and City Commission approved Ordinance No. 2008-
3592, expanding the boundaries of the Flamingo Park Historic District westward
expansion to Alton Road between 8 Street and 14 Street; and on January 28,2009, the
Mayor and City Commission approved Ordinance No. 2008-3592, expanding the
boundaries of the Flamingo Park Historic District westward expansion to Alton Road
between 6 Street and 8 Street
The Planning Department conducted an analysis of existing conditions, issues and
opportunities in the Alton Road corridor and held a community planning workshop on
August 20, 2008 to receive community input on land use, zoning, business development,
parking, transit and pedestrianlbicycle amenities. On January 27, 2009, the Planning
Department presented preliminary findings and recommendations for the Alton Road
Neighborhood Planning Study to the Planning Board. On February 26, 2009, the
Planning Department and the Planning Board held a second community planning
workshop on the Alton Road Neighborhood Planning Study to receive community input.
On March 2, 2009, the Land Use and Development Committee adopted a motion
directing the Planning Department to prepare an ordinance that would rezone the east
side of Alton Road between 6 Street and 16 Street from the CD-2 district to the CD-1
district, and to review the uses and to the extent that there is a floor area incentive for
mixed-use buildings, require that the additional FAR be set aside for affordable or
workforce housing, and to refer the item to the Planning Board. On March 18, 2009, the
Mayor and City Commission discussed the motion from the Land Use and Development
Committee and clarified their intent to consider other options, including an overlay district
that would remove the floor area ratio incentive for mixed-use projects.
During the Planning Board meetings on April 21, 2009, May 26, 2009 and August 25,
2009, the Planning Department staff held additional detailed discussions with the Board
on the proposed zoning modifications for the east side of Alton Road in the Flamingo
Park Historic District. The proposed Alton Road- Historic District Buffer Overlay is the
result of those discussions.
Commission Memorandum - October 27, 2010
Setting of Public Hearing - Alton Road Historic Buffer Overlay
Page 3 of 6
On October 27, 2009, the Planning Board held a public hearing on the proposed overlay
district and heard testimony from residents who were unhappy with some aspects of the
draft ordinance. The Planning Board continued the hearing to the November 17 meeting
and asked staff to meet with the concerned residents to try to resolve their issues. The
Planning Department held two meetings with the residents on October 30 and November
9, 2009. The public hearing at the Planning Board meeting on November 17, 2009
resulted in several additional amendments to the proposed ordinance. The Planning
Board recommended approval of the amended overlay district by a vote of 5 to 0.
Subsequently, the Administration made a determination that the amendments added to
the ordinance during the November 1 7'h public hearing, specifically amendments dealing
with land use restrictions, may require a different type of notice to property owners than
was provided for the previous public hearings. To avoid any legal challenges, the overlay
district was brought back to the Planning Board in the same form as it was approved in
November, 2009, with 30-day notice mailed to all property owners in and within 375 feet
of the proposed overlay district.
On February 25, 2010, the Land Use and Development Committee discussed the
proposed Alton Road Historic District Buffer Overlay. The Committee recommended that
the ordinance be approved, and indicated that it does not need to come back to them
unless there is a major material change made by the Planning Board.
On April 27, 2010, the Planning Board held a second public hearing on the proposed
Alton Road Historic District Buffer Overlay district after the required 30-day mailed
notice. The Planning Board voted 5 - 0 to recommend approval of the ordinance with
an amendment that deleted the "no variances" provision. Subsequently, at their meeting
on May 25, 2010, the Board voted 3 - 2 to reconsider their recommendation and to
schedule the item for rehearing.
On August 24, 2010, the Planning Board held a third public hearing on the proposed
Alton Road Historic District Buffer Overlay district after the required 30-day mailed
notice. Based on objections from commercial property owners who were not present
during the first two hearings, the Board voted separately on each of several
amendments to the ordinance. Individual amendments that were approved by the
Planning Board have been incorporated into the ordinance. However, a final vote to
recommend approval of the entire ordinance, as amended, failed by a vote of 3-2 (four
affirmative votes are required to approve a request before the board that requires City
Commission approval).
ANALYSIS
The purpose of the Alton Road - Historic District Buffer Overlay District is to minimize
the impacts of development along Alton Road on residential properties located in the
Flamingo Park Historic District and the Palm View Historic District. Specifically the
overlay district is intended to apply to properties zoned CD-2 Commercial Medium
Intensity that are adjacent to lower intensity RS-4 and RM-1 residential buildings in
designated local historic districts. The overlay district regulations are intended to achieve
a more compatible relationship of scale and massing between the Alton Road corridor
and the adjoining residential neighborhoods.
Commission Memorandum - October 27, 2010
Setting of Public Hearing - Alton Road Historic Buffer Overlay
Page 4 of 6
The locations of the proposed overlay district are as follows (see also attached map):
Area I includes those properties fronting on the east side of Alton Road from 6 Street to
I1 Street. Existing zoning is CD-2 adjacent to RM-1 in the Flamingo Park Historic
District.
Area 2 includes those properties fronting on the east side of Alton Road from 14 Street to
15 Street. Existing zoning is CD-2 adjacent to RS-4 in the Flamingo Park Historic
District.
Area 3 includes those properties fronting on the east side of Alton Road from 17 Street to
the Collins Canal, except for the corner property adjacent to 17 Street. Existing
zoning is CD-2 adjacent to RS-4 in the Palm View Historic District.
The proposed ordinance limits the floor area ratio (FAR) to a maximum of 1.5 by
removing the existing bonus of .5 FAR for mixed-use buildings. This will make new
construction along Alton Road more compatible in scale and intensity with the adjoining
historic neighborhood zoned RM-1, which has existing buildings that range from 0.5 to
1.25 FAR with a few scattered sites over 1.25 FAR. During the planning process,
various alternatives were considered, including down-zoning from CD-2 to CD-1, which
has a maximum FAR of 1.0 with a mixed-use bonus of .5 FAR. After much discussion
and analysis, it was ultimately decided that 1.5 FAR is suitable for Alton Road
development. This is based on many factors, including the importance of Alton Road as
a commercial corridor and the existing bus and potential future transit linkages (e.g. Bus
Rapid Transit). From an urban design viewpoint, the proposed overlay district forms a
gradual stepping up of the intensity from RM-1 on the residential neighborhood to the
east, to a maximum of 1.5 FAR on the east side of Alton Road, to a maximum of 2.0
FAR on the west side of Alton Road, to a maximum of 2.25 FAR (2.75 for large lots) on
the Bayfront in RM-3. However, it must be noted that FAR alone does not define the
building envelop that is necessary to assure compatibility with the historic district. The
height and setback regulations described below are also necessary to achieve this goal.
Another alternative that was discussed during the planning process was to keep a FAR
bonus for residential uses in a mixed-use building, but to make the bonus an incentive to
provide affordable or workforce housing. The Planning Board did not support this
recommendation due to their consensus to limit FAR to a maximum of 1.5.
The maximum building height in the draft ordinance is 43 feet along Alton Road and a
maximum of 23 feet in the rear portion of the lots within 50 feet from the rear property
line for lots abutting an alley (Lenox Court) and within 60 feet from the RM-I district for
blocks with no alley between 8 Street and 11 Street. The 23 feet height limit in the rear
of the lots is based upon maintaining consistency with the predominant 2-story height of
existing buildings in the RM-1 district. For lots adjoining single family districts, the 23
feet height limit will also ensure a compatible transition in the rear portion of the
commercial property.
The building height limitations in the proposed overlay district are coupled with rear yard
setbacks to achieve the appropriate buffer between the RM-IIRS-4 districts and the CD-
2 district. Proposed minimum building setbacks in the rear yard are 25 feet for lots with
no alley and 5 feet for lots with an alley. The existing CD-2 and CD-1 zoning districts
have a 5 feet minimum rear setback irrespective of whether there is an alley (20 feet
width) to provide adequate separation between the buildings.
Commission Memorandum - October 27,2010
Setting of Public Hearing - Alton Road Historic Buffer Overlay
Page 5 of 6
The proposed overlay district has no minimum side yard setback. This was the
recommendation of the Planning Board in November 2009 following extensive
discussions wherein the Planning Department staff recommended a minimum interior
side yard setback of 7.5 feet or 8% of the lot width, whichever is greater, for buildings
over one story or 20 feet in height. The intent of the side setback was to maintain the
existing pattern of individual buildings separated by side yards south of 14 Street and to
prevent a continuous wall of 4-5 story buildings that would be inconsistent with the
historic residential neighborhoods. To further support this concept, the Planning
Department recommended a building separation regulation in the overlay district that
would have allowed buildings to occupy no more than three contiguous lots or 150 feet
of lot frontage without creating two separate buildings with a separation between
buildings of at least 8% of the overall lot width. The building separation requirement was
also deleted from the ordinance by the Planning Board, and replaced with language
requiring architectural treatments on the faqades of buildings to be reflective of the 50
feet wide lot development pattern that is predominant in the historic district
The overlay district proposes a minimum 5 feet setback on the front and side facing a
street. This is necessary to provide adequate pedestrian circulation space to support
alternative modes of transportation and sustain a vibrant commercial district.
The overlay district contains 9 contributing buildings in the Flamingo Park Historic
District. Those contributing buildings are proposed to be subject to two of the same
conditions applied to historic buildings in the adjoining RM-1 zoning district. Those
include a prohibition on demolition of architecturally significant portions of the building
and prohibition of building within a historic courtyard.
Residents of the Flamingo Park neighborhood were concerned about impacts of noise
and traffic from commercial uses. Therefore, the proposed overlay district modifies the
underlying CD-2 land uses by prohibiting retail uses, restaurants, bars, entertainment
establishments and similar uses at any level above the ground floor. An exception is
provided for loft or mezzanine within the interior of a ground floor commercial space. No
alcoholic beverage establishment, entertainment establishment or restaurant may be
licensed as a main permitted or accessory use in any open area above the ground floor
(any area that is not included in the FAR calculations) or at ground level in any open
area within 125 feet of a residential district, except that residents of a multifamily
(apartment or condominium) building or hotel guests may use these areas, which may
include a pool or other recreational amenities, for their individual, personal use with
appropriate buffering as determined by the Planning Department or applicable land use
board with jurisdiction. Any individual retail, restaurant, bar, entertainment establishment
or similar establishment in excess of 10,000 square feet, inclusive of outdoor seating
areas, should require conditional use approval. The recommended threshold for
conditional use was changed from 10,000 square feet to 20,000 square feet by the
Planning Board by a 4-2 vote at their meeting on August 24, 201 0.
A majority of the discussions during the community workshops and Planning Board
meetings centered on the blocks between 6 - 11 Streets. However, it was noted that
there is an incompatible scale relationship between the CD-2 zoning district and
adjoining RS-4 single family zoning districts located in the 1400 block and the 1700
block. Down-zoning to CD-1 was considered for these two blocks, but the Planning
Department recommends that the proposed overlay district will provide a more effective
buffer than CD-I due to the height and setback regulations in the overlay district. At their
Commission Memorandum - October 27, 2010
Setting of Public Hearing - Alton Road Historic Buffer Overlay
Page 6 of 6
August 24, 2010 meeting, the Planning Board voted 5-1 to remove lots 15 and 16 from
the overlay district (northeast corner of 17 Street and Alton Road).
PLANNING BOARD ACTION
November 17,2009 recommended approval as amended by a vote of 5 to 0
April 27,201 0 recommended approval as amended by a vote of 5 to 0.
August 24, 2010 motion to recommend approval as amended failed by a vote of 3 to 2.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the
resolution scheduling a first reading public hearing on November 17, 2010 with a time
certain at 1 I :00 to consider the proposed Alton Road Historic District Buffer Overlay.
T:\AGENDA\201O\October PnConsent\Alton Rd Overlay set public hearing.Memo.doc
Alton Rd. Historic Buffer Overlay
Alton Road Historic District Buffer Overlay
Alton Rd. Historic Buffer Overlay
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A FIRST
READING PUBLIC HEARING TO CONSIDER AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE Ill, "OVERLAY DISTRICTS," CREATING DIVISION 8
"ALTON ROAD - HISTORIC DISTRICT BUFFER OVERLAY," BY
INCLUDING SECTION 142-858 "LOCATION AND PURPOSE,"
AND SECTION 142-859 "DEVELOPMENT REGULATIONS,"
INCLUDING AMONG OTHER PROVISIONS REGULATIONS ON
MAXIMUM FLOOR AREA RATIO; MAXIMUM BUILDING
HEIGHT; MINIMUM SETBACKS; BUILDING SEPARATION;
DEMOLITION OR ADDITIONS TO CONTRIBUTING BUILDINGS
IN AN HISTORIC DISTRICT; AND LAND USE REGULATIONS
FOR LOCATION OF RETAIL USES, RESTAURANTS, BARS,
ENTERTAINMENT ESTABLISHMENTS, ALCOHOLIC
BEVERAGE ESTABLISHMENTS AND SIMILAR USES;
REQUIRING CONDITIONAL USE APPROVAL OF SUCH USES
IN EXCESS OF 20,000 SQ. FT.; AND PROHIBITING ALCOHOLIC
BEVERAGE AND ENTERTAINMENT ESTABLISHMENTS IN
OPEN AREAS WITH EXCEPTIONS AS PRESCRIBED IN THE
ORDINANCE.
WHEREAS, In the summer of 2006, the Historic Preservation Board
initiated the westward expansion of the Flamingo Park Local Historic District to
the east right-of-way line of Alton Road between 6 Street and 14 Street, and
requested the Planning Department to initiate a major planning study of the Alton
Road corridor, including both sides of the road between 5 Street and Michigan
Avenue, to include an analysis and evaluation of existing uses and conditions,
historically significant properties, permitted building heights, allowable FAR,
parking conditions and requirements, the efficacy of current zoning, and the
character of the public right-of-way with regard to pedestrian amenities,
convenient means of transit, and quality of landscape.
WHEREAS, on January 16, 2008, the Mayor and City Commission
approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo
Park Historic District westward expansion to Alton Road between 8 Street and 14
Street; and
WHEREAS, the Planning Department conducted an analysis of existing
conditions, issues and opportunities in the Alton Road corridor and held a
community planning workshop on August 20, 2008 to receive community input on
land use, zoning, business development, parking, transit and pedestrianlbicycle
amenities; and
Alton Rd. Historic Buffer Overlay
WHEREAS, on January 27, 2009, the Planning Department presented
preliminary findings and recommendations for the Alton Road Neighborhood
Planning Study to the Planning Board; and
WHEREAS, on January 28, 2009, the Mayor and City Commission
approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo
Park Historic District westward expansion to Alton Road between 6 Street and 8
Street; and
WHEREAS, on February 26, 2009, the Planning Department and the
Planning Board held a second community planning workshop on the Alton Road
Neighborhood Planning Study to receive community input; and
I WHEREAS, on March 2, 2009, the Land Use and Development
Committee adopted a motion directing the Planning Department to prepare an
ordinance that would rezone the east side of Alton Road between 6 Street and
16 Street from the CD-2 district to the CD-1 district, and to review the uses and to
the extent that there is a floor area incentive for mixed-use buildings, require that
the additional FAR be set aside for affordable or workforce housing, and to refer
the item to the Planning Board; and
WHEREAS, on March 18, 2009, the Mayor and City Commission
discussed the motion from the Land Use and Development Committee and
clarified their intent to consider other options, including an overlay district that
would remove the floor area ratio incentive for mixed-use projects; and
WHEREAS, on April 21, 2009, May 26, 2009 and August 25, 2009, the
Planning Board held additional detailed discussions on the proposed zoning
modifications for the east side of Alton Road in the Flamingo Park Historic
District; and
WHEREAS, the proposed "Alton Road - Historic District Buffer Overlay"
district responds to concerns expressed by the Planning Board, the Land Use
and Development Committee and local residents by requiring among other
things, a more compatible relationship of scale and massing between new
development along the east side of the Alton Road corridor and the adjoining
residential neighborhoods, by promoting mixed-use development that makes
efficient use of parking, by minimizing the concentration of impacts from intense
retail and restaurant development and by encouraging smaller neighborhood-
oriented uses; and
WHEREAS, the Planning Board recommended approval of the proposed
"Alton Road - Historic District Buffer Overlay" district, with amendments, on
August 24,2010.
Alton Rd. Historic Buffer Overlay
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA that a first reading
public hearing shall be held on November 17, 2010 to consider amending
Chapter 142, "Zoning Districts and Regulations," Article I I I, "Overlay Districts,"
creating Division 8 "Alton Road - Historic District Buffer Overlay," by including
Section 142-858 "Location and Purpose," and Section 142-859 "Development
Regulations,: including among other provisions regulations on maximum Floor
Area Ratio; maximum building height; minimum setbacks; building separation;
demolition or additions to contributing buildings in an historic district; and land
use regulations for location of retail uses, restaurants, bars, entertainment
establishments, alcoholic beverage establishments and similar uses; requiring
conditional use approval of such uses in excess of 20,000 sq. ft.; and prohibiting
alcoholic beverage and entertainment establishments in open areas with
exceptions as prescribed in the ordinance.
PASSED and ADOPTED this day of , 20-.
MAYOR
ATTEST:
ClTY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
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COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach, Florida authorizing the
City Manager, and the City Clerk to execute a voluntary cooperation and operational assistance
Mutual Aid Agreement with the Town of Golden Beach, Florida, for the purpose of coordinating law
enforcement planning, operations, and mutual benefit between the City of Miami Beach and the Town
of Golden Beach, Florida.
Key Intended Outcome Supported:
I Maintain crime rates at or below national trends. I
Supporting Data (Surveys, Environmental Scan, etc.): According to the Center For Research
and Public Policy, and Business Residential Satisfaction Survey of City of Miami Beach residents
n 2009, indicated that their three top most important areas of for the City of Miami Beach to
address in an effort to improve public safety throughout the City is Preventing Crime 44.9%,
Enforcing Traffic Laws 36.1 % and Increasing Visibility of Police in Neighborhoods 32.4%.
.----.
Shall the Commission adopt this Resolution?
tem SummarylRecommendation:
The City of Miami Beach and the Town of Golden Beach, Florida because of the existing and
continuing possibility of the occurrence of law enforcement problems and other natural and man-
made conditions which are or are likely to be beyond the control, personnel, equipment or facilities
of the Miami Beach Police Department or the Town of Golden Beach Police Departments believe
that it is beneficial for each to participate in a Mutual Aid Agreement as authorized by Chapter 23,
Florida ~tatss.
The Mutual Aid Agreement will allow for the sharing of law enforcement resources and the
rendering of assistance both during routine and intensive law enforcement situations.
It is recommended that the Mayor and City Commission adopt this Resolution and authorize
the signing of the Mutual Aid Agreement that will allow for the sharing of law enforcement resources.
Advisory Board Recommendation:
NA
Financial Information:
City Clerk's Office Legislaqjve Tracking:
Michael Gruen, Manager rlw
Planning and Research Section
El OBPl
Account
2
Total
Amount Source of
Funds:
Financial Impact Summary: NA
I
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibea~hfl.~ov
MEMO # COMMISSION MEMORANDUM
TO : Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 27, 201 0
VOLUNTARY COOPERATION AND OPERATIONAL
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION
OF THE ClTY OF MIAMI BEACH, FLORIDA, AUTHORIZING
THE ClTY MANAGER, AND ClTY CLERK TO EXECUTE A
ASSISTANCE MUTUAL AID AGREEMENT WITH THE TOWN OF
GOLDEN BEACH, FLORIDA, FOR THE
PURPOSE OF COORDINATING LAW ENFORCEMENT
PLANNING, OPERATIONS, AND MUTUAL AID BENEFIT
BETWEEN THE ClTY OF MIAMI BEACH AND THE TOWN OF
GOLDEN BEACH, FLORIDA.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The City of Miami Beach and Town of Golden Beach, Florida because of the existing
and continuing possibility of the occurrence of law enforcement problems and other
natural and man-made conditions which are or are likely to be beyond the control,
personnel, equipment or facilities of the Miami Beach Police Department or the Golden
Beach Police Departments believe that it is beneficial for each to participate in a Mutual
Aid Agreement as authorized by Chapter 23, Florida Statss.
The Mutual Aid Agreement will allow for the sharing of law enforcement resources and
the rendering of assistance both during routine and intensive law enforcement situations.
CONCLUSION
It is recommended that the Mayor and City Commission adopt this Resolution and
authorize the signing of the Mutual Aid Agreement that will allow for the sharing of law
enforcement resourqes.
JMGIICN %I&
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MlAMl BEACH, FLORIDA, AUTHORIZING THE ClTY
MANAGER, AND THE CITY CLERK TO EXECUTE A VOLUNTARY
COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID
AGREEMENT WITH THE TOWN OF GOLDEN BEACH, FLORIDA, FOR
THE PURPOSE OF COORDINATING LAW ENFORCEMENT
PLANNING, OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN
THE ClTY OF MlAMl BEACH AND THE TOWN OF GOLDEN BEACH,
FLORIDA.
WHEREAS, it is the responsibility of the respective governments of the City of Miami
Beach and the Town of Golden Beach, Florida to ensure the public safety of their citizens by
providing adequate levels of police service to address any foreseeable routine or emergency
situation; and
WHEREAS, the existence of, and continuing possibility that there may be the
occurrence of law enforcement problems, and other natural and man-made conditions which
are, or are likely to be, beyond the control of services, personnel, equipment, or facilities of the
City of Miami Beach Police Department and the Town of Golden Beach Police Department; and
WHEREAS, it is necessary to ensure that these law enforcement agencies will have
adequate resources to address any and all of these conditions, to protect the public peace and
safety, and to preserve the lives and property of the people of the City of Miami Beach and the
Town of Golden Beach, Florida; and
WHEREAS, the City of Miami Beach and the Town of Golden Beach, Florida have the
authority under Chapter 23 of the Florida Statutes, known as the "Florida Mutual Aid Act," to
enter into the attached Voluntary Cooperation and Operational Assistance Mutual Aid
Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, hereby authorize the City
Manager and the City Clerk to execute a Voluntary Cooperation and Operational Assistance
Mutual Aid Agreement with the Town of Golden Beach, Florida, for the purpose of coordinating
law enforcement planning, operations, and mutual aid benefit between the City of Miami Beach
and the Town of Golden Beach, Florida.
PASSED and ADOPTED this day of October, 2010.
ATTEST:
MATTI HERRERA BOWER
MAYOR
ROBERT PARCHER, ClTY CLERK
APPROVED ASTO ?'
FORM & LANGUAGE '
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COMMISSION ITEM SUMMARY
Condensed Title:
I A resolution of the Maior and City Commission of the City of Miami Beach, Florida, authorizing the City I
Manager and City ~ierk to execute a memorandum of understanding between the City if ~iami
Beach on behalf of the Miami Beach Police Department, and the Federal Bureau of Investigation,
South Florida Violent Crime Fugitive Safe Streets Task Force, which serves the purpose of identifying
and prosecuting criminal enterprise groups or individuals responsible for violent crimes and the
apprehension of dangerous fugitives.
Key Intended Outcome Supported:
Maintain crime rates at or below national trends.
Supporting Data (Surveys, Environmental Scan, etc.): According to the Center For Research and
Public Policy, and Business Residential Satisfaction Survey of City of Miami Beach residents in 2009,
ndiated-that-their-three-top-most-imp- City-of-Miami-Beach to address-in an-effort-to-- -
mprove public safety throughout the City is Preventing Crime 44.9%, Enforcing Traffic Laws 36.1% and
Increasing Visibility of Pollce in Neighborhoods 32.4%.
Issue:
Shall the Commission adopt this Resolution?
Item SummarylRecommendation:
I The Miami Division of the Federal Bureau of Investigation (FBI) has established the South Florida I
Violent Crime Fugitive Safe Streets Task Force (SFVCIFSSTF) for the purpose of identifying and
prosecuting criminal enterprise groups or individuals responsible for violent crimes and the
apprehension of dangerous fugitives. The SFVCIFSSTF will enhance the effectiveness of Federal,
State and local law enforcement resources through a well coordinated initiative seeking the most
effective investigative and prosecutive avenues to convict and incarcerate dangerous offenders.
In an effort to support the SFVCIFSSTF, the Miami Beach Police Department (MBPD) has been asked
by the FBI to participate and execute a Memorandum of Understanding between the FBI and the City
of Miami Beach on behalf of the MBPD. As a result, a detective from the Criminal Investigations
Division will be assigned part-time to the SFVCISSTF to work in conjunction with their personnel in
identifying, locating and apprehending individuals who commit these crimes in the City of Miami Beach
and South Florida. Participation in the SFVCISSTF will benefit the City of Miami Beach and the
MBPD because of access to increased investigative resources and capabilities. Pursuant to the
Memorandum of Understanding the FBI has agreed to provide access to a vehicle; reimburse the City
of Miami Beach for overtime expenses, incurred by the MBPD Detective in connection with
SFVCIFSSTF investigations pending available funding. Upon the signatures of all the parties to the
Memorandum of Understanding, the Detective can participate in the SFVCISSTF for its duration
unless either the FBI or the City of Miami Beach should decide to withdraw.
I I
Advisory Board Recommendation:
I
I I I
Financial Impact Summary:
NA
City Clerk's Office Legislative Tracking:
Michael Gruen, Manager f,
Financial Information:
I - Sign-Offs:
Department Director
MIAMIBEACH
Account Source of
Funds:
El OBPl
I
Total
Amount
@ MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
MEMO # COMMISSION MEMORANDUM
TO : Mayor Matti Herrera Bower and Members of the City Coygmission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 27, 201 0
SUBJECT A RESOLUTION OF THE MAYOR A~C~TY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ClTY MANAGER AND ClTY CLERK
TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE ClTY OF
MlAMl BEACH, ON BEHALF OF THE MlAMl BEACH POLICE DEPARTMENT, AND
THE FEDERAL BUREAU OF INVESTIGATION, SOUTH FLORIDA VIOLENT CRIME
FUGITIVE SAFE STREETS TASK FORCE, WHICH SERVES THE PURPOSE OF
IDENTIFYING AND PROSECUTING CRIMINAL ENTERPRISE GROUPS OR
INDIVIDUALS RESPONSIBLE FOR VIOLENT CRIMES, AND THE APPREHENSION
OF DANGEROUS FUGITIVES.
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
ANALYSIS
The Miami Division of the Federal Bureau of Investigation (FBI) has established the South Florida
Violent Crime Fugitive Safe Streets Task Force (SFVCIFSSTF) for the purpose of identifying and
prosecuting criminal enterprise groups or individuals responsible for violent crimes and the
apprehension of dangerous fugitives. The SFVCIFSSTF will enhance the effectiveness of
Federal, State and local law enforcement resources through a well coordinated initiative seeking
the most effective investigative and prosecutive avenues to convict and incarcerate dangerous
offenders.
In an effort to support the SFVCIFSSTF, the Miami Beach Police Department (MBPD) has been
asked by the FBI to participate and execute a Memorandum of Understanding between the FBI
and the City of Miami Beach on behalf of the MBPD. As a result, a detective from the Criminal
Investigations Division will be assigned part-time to the SFVCISSTF to work in conjunction with
their personnel in identifying, locating and apprehending individuals who commit these crimes in
the City of Miami Beach and South Florida. Participation in the SFVCISSTF will benefit the City
of Miami Beach and the MBPD because of access to increased investigative resources and
capabilities. Pursuant to the Memorandum of Understanding the FBI has agreed to provide
access to a vehicle; reimburse the City of Miami Beach for overtime expenses, incurred by the
MBPD Detective in connection with SFVCIFSSTF investigations pending available funding. Upon
the signatures of all the parties to the Memorandum of Understanding, the Detective can
participate in the SFVCISSTF for its duration unless either the FBI or the City of Miami Beach
should decide to withdraw.
JMGIC mMl&
RESOLUTION
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MlAMl BEACH, FLORIDA, AUTHORIZING THE ClTY
MANAGER, AND THE ClTY CLERK TO EXECUTE A MEMORANDUM
OF UNDERSTANDING BEWEEN THE ClTY OF MlAMl BEACH, ON
BEHALF OF THE MlAMl BEACH POLICE DEPARTMENT, AND THE
FEDERAL BUREAU OF INVESTIGATION, SOUTH FLORIDA VIOLENT
CRIME FUGITIVE SAFE STREETS TASK FORCE, WHICH SERVES
THE PURPOSE OF IDENTIFYING AND PROSECUTING CRIMINAL
ENTERPRISE GROUPS OR INDIVIDUALS RESPONSIBLE FOR
VIOLENT CRIMES, AND THE APPREHENSION OF DANGEROUS
FUGITIVES.
WHEREAS, the Miami Division of the Federal Bureau of Investigation (FBI) has
established the South Florida Violent Crime Fugitive Safe Streets Task Force (SFVCIFSSTF),
which serves the purpose of identifying and prosecuting criminal enterprise groups of individuals
responsible for violent crimes, and the apprehension of dangerous fugitives; and
WHEREAS, the SFVCIFSSTF enhances the effectiveness of Federal, State and local law
enforcement resources through a well coordinated initiative that seeks the most effective
investigative and prosecutive avenues, and allows law enforcement agencies to facilitate the
proper identification, apprehension and prosecution of criminal enterprise groups or individuals
involved in violent crimes: and
WHEREAS, the Miami Beach Police Department shall assign a detective, on a part-time
basis, to the SFVCIFSSTF to work in conjunction with Federal, State and local law enforcement
personnel in identifying, locating and apprehending individuals who commit violent crimes in the
City of Miami Beach and South Florida; and
WHEREAS, it is a great benefit to the Miami Beach Police Department to participate in the
SFVCIFSSTF because of the increased investigative resources and capabilities, and thereby
improve the effectiveness of the Miami Beach Police Department law enforcement activities;
and
WHEREAS, upon funding availability, the FBI will reimburse the City of Miami Beach and
the Miami Beach Police Department for overtime expenses, and provide access to a vehicle that
shall be utilized for investigative purposes at no cost to the City of Miami Beach; and
WHEREAS, the City of Miami Beach, on behalf of the Miami Beach Police Department,
and the Federal Bureau of Investigation, wishes to execute a Memorandum of Understanding,
commencing upon the signatures of all parties, and shall remain in effect for the duration of the
Miami Beach Police Department's participation in the SFVCIFSSTF.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, authorizing the City Manager, and
the City Clerk to execute a Memorandum of Understanding between the City of Miami Beach,
on behalf of the Miami Beach Police Department, and the Federal Bureau of Investigation,
South Florida Violent Crime Fugitive Safe Streets Task Force, which serves the purpose of
identifying and prosecuting criminal enterprise groups or individuals responsible for violent
crimes, and the apprehension of dangerous fugitives.
PASSED and ADOPTED this day of October, 201 0.
ATTEST:
MAYOR MATTI HERRERA BOWER
ROBERT PARCHER, ClTY CLERK APPROVED AS TO
F:\atto\BOKA\Resolutions\RESOLUTION MOU FBI SFVC FSSTF.docx
COMMISSION ITEM SUMMARY
Condensed Title:
A ~esolukion Approving and Adopting Licensing Agreements and Easements for the Maintenance and
Improvements of Infrastructure on Abbott Avenue and Collins Avenue (AIA).
Key Intended Outcome Supported:
Enhance mobility throughout the City.
Supporting Data (Su~eys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction
Survey, traffic appears as one of the most important areas affecting residents quality of life; 37% of
residents rated traffic flow as poor; traffic is ranked number 2 by residents as one of the changes that will
make Miami Beach a better place to live; traffic flow where you drive in Miami Beach is a key driver for
recommending Miami Beach as a place to live.
Issue: 1 Shall the Mayor and City Commission approve the Resolution? I
Item SummarylRecommendation: I The Florida Department of Transportation (FDOT) is planning to construct improvements on Abbott (
Avenue and Collins Avenue (State Road AIA.) These improvements will impact adjacent City owned
facilities and require maintenance and upgrades of a traffic signalization control box, two pedestrian
ramps, and a sidewalk on City owned land.
FDOT needs licensing agreements for sloping, grading, tying in, harmonizing and reconnecting existing
features of the City's property with the FDOT improvements. These licensing agreements allow a
contractor working for FDOT to make the necessary improvements to the City property.
The easements allow a contractor working for FDOT to maintain and upgrade control boxes in the NE
corner of 72" Street and SE corner of 73rd Street, reconstruct pedestrian ramps in the SW and SE corners
of 73d Street, and reconstruct a sidewalk to meet ADA requirements in the NW corner of 72nd Street. A
perpetual easement will be created for each corner for a total of four easements.
THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION.
Advisory Board Recommendation: I NIA
City Clerk's Office Legislative Tracking: I Fernando Vazquez, City Engineer, x.6399
Financial Information:
Source of
Funds:
EI OBPl
Financial Impact Summary:
4
2
3
Total
Amount Account
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
/
FROM: Jorge M. Gonzalez, City Manager
DATE: October 27, 201 0
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE NVO (2) LICENSE AGREEMENTS AND FOUR (4) EASEMENTS WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) ON ABBOTTAVENUE
AND COLLINS AVENUE (STATE ROAD AIA).
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The Florida Department of Transportation (FDOT) is planning to construct improvements on Abbott
AvenueIState Road AIA from Indian Creek Drive to 75'h Street. Construction is scheduled to begin
in April 2012 and will last nine (9) months. These improvements require harmonization with adjacent
City owned property and will also require maintenance and upgrade of two traffic signal control
boxes, two (2) pedestrian ramps, and reconstruction of a sidewalk to meet ADA requirements on
City-owned land.
FDOT is also planning construction on Collins AvenueIState Road AIA from 75th Street to 87th
Terrace. Construction is scheduled to begin on November 25, 201 1. These improvements require
harmonization with adjacent City owned property.
ANALYSIS
FDOT is requiring that the City execute license agreements for sloping, grading, tying in,
harmonizing and reconnecting existing features of the City's property with the FDOT improvements
at the northwest corner of Abbott Avenue and 72nd Street and at the west side of Collins Avenue
between 87th Street and 87th Terrace.
The easements, which FDOT is also requiring the City to grant, will allow FDOT to maintain and
upgrade two control boxes in the NE corner of 72" Street and SE corner of 73"' Street (referenced
as FDOT Parcel No. 801 and 803, respectively), reconstruct pedestrian ramps in the SW and SE
corners of 73rd Street (referenced as FDOT Parcel No. 802 and 803, respectively), and reconstruct a
sidewalk to meet ADA requirements in the NW corner of 72" Street (referenced as FDOT Parcel
No. 805). A perpetual easement will be granted for each.
These locations are identified in Attachment G.
City Commission Memorandum - FDOT Easements on Abbott Avenue
October 27, 201 0
Page 2 of 2
CONCLUSION
The Administration recommends that the Mayor and City Commission approve and authorize the
execution of the license agreements, and the granting of the four (4) easements to FDOT.
Attachment:
A. Draft License Agreement for the northwest corner of Abbott Avenue and 72" Street
B. Perpetual Easement for a control box in the NE comer of 72"d Street
C. Perpetual Easement for a pedestrian ramp in the SW corner of 73rd Street
D. Perpetual Easement for a pedestrian ramp in the SE comer of 73rd Street
E. Perpetual Easement for a sidewalk in the NE comer of 72nd Street
F. Draft License Agreement for the northwest corner of Collins Avenue between 87th Street
and 87th Terrace
G. Location Sketch
T:WGENDA\207 O\October 27\Consent\FDOT easements on Abbott - Memo.doc
Attachment A
This instrument prepared by, or under the direction of,
Alicia Trujillo, Esq., District Six Chief Counsel
State of Florida Department of Transportation
1000 N.W. 1 1 lth Avenue, Miami, Florida 33 172
August 5,2010. O.S.
Parcel No. : 912
ItedSegment No.: 4198601
Managing District: 6
LICENSE
THIS AGREEMENT, Made the day of 20 , by and between CITY OF
MIAMI BEACH, herein called licensor, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
herein called licensee.
In consideration of the benefits accruing unto the licensor, the parties agree as follows:
Licensor hereby grants to licensee a license to occupy and use, subject to all of the terms and conditions hereof, the
following described premises:
Parcel 9 12 Fin No. 4198601
A piece of land located at the North-West corner of the intersection of Abbott Avenue and 72nd Street, with such
piece of land being a portion of Surfside Park, a property of the City of Miami Beach, at 725 1 Collins Avenue,
Miami Beach, FL. 33 141-6206, more particularly described as follows;
A portion of the East 7.0 feet of the South 15.0 feet of the above described property.
Folio Number: 02-3202-000-0020
The premises may be occupied and used by licensee solely for sloping, grading, tying in, harmonizing and reconnecting
existing features of the licensor's property with the highway improvements which are to be constructed together with
incidental purposes related thereto during the period beginning with the date frrst above written and continuing until
completion of the transportation project, but not later than the last day of
The making, execution and delivery of this agreement by licensor have been induced by no representations, statements,
warranties, or agreements other than those contained herein. This agreement embodies the entire understanding of the
parties and there are no further or other agreements or understandings, written or oral, in effect between the parties
relating to the subject matter hereof.
IN WITNESS WHEREOF, the licensor has caused these presents to be executed in its name, and its corporate
seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year frrst above written.
CITY OF MIAMI BEACH
(Surfside Park)
By:
Print name
Attachment B
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
Distnct Six Chief Counsel
State of Florida
Department of Transportation
1000 N.W. 1 1 I"' Avenue Parcel No. : 801.1
Miami, Florida 33 172 ItemISegrnent No. : 4198601
August 2 1.2009 - NE Managing District : 6
PERPETUAL EASEMENT
THIS EASEMENT Made the - day of , 20 - , by THE CITY OF MIAMI
BEACH, a municipality of the State of Florida, grantor, to the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, its successors and assigns, grantee.
WITNESSETH: That the grantor for and in consideration of the sum of One Dollar and other valuable
considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its
successors and assigns, a perpetual easement for the purpose of constructing and maintaining a traffic light
controller in, over, under, upon and through the following described land in Miami-Dade County, Flonda, viz:
Parcel 801 FIN. No: 41 98601
Being a parcel of land lying in Govemment Lot 6, Section 2, Township 53 South, Range 42 East, Miami-
Dade County, Florida, and being more particularly described as follows:
BEGIN at the point of intersection of the easterly right-of-way line of State Road A1A (Harding Avenue)
with the northerly right-of-way line of 72"d Street, said northerly right-of-way line being parallel with and 70.00 feet
north of, as measured at right angles, the south line of aforesaid Govemment Lot 6, as shown on the Florida
Department of Transportation Right-of-way Map, Section 87060, Project Number 250747-1. thence N 87"35' 16"
E, along said northerly nght-of-way line of 72""treet, a distance of 8.11 feet; thence N 03'57'2 1 " W a d~stance of
5.36 feet; thence N 83"46'08" W a distance of 7.28 feet to the intersection with a non-tangent curve concave to the
southeast having a radius of 623.36 feet, the chord of which bears S 04"22'59" W, and being the aforesaid easterly
right-of-way line of State Road A1 A; thence southwesterly along the arc of said curve and said easterly righr-of-way
line of State Road AIA, a distance of 6.50 feet, through a central angle of 00°35'51" to the POINT OF
BEGINNING.
Containing 45.39 square feet, more or less.
TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever, together with
immunity unto the said grantee, its successors and assigns from all claims for damage, if any, arising from or growing
out of such construction andlor maintenance to the lands, if any, owned by the grantor, lying adjacent or contiguous
to the lands hereinabove described and the grantor will defend the title to said lands against all persons claiming by,
through or under said grantor.
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its
Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written.
ATTEST: The City of Miami Beach
Its City Clerk
By:
Its Mayor
Address
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of 20-.
by , Mayor, who is personally known to me or who has produced
as Identification.
(Signature of person taking acknowledgment)
(Type, print or stamp name under signature)
Title or rank and serial number, if any:
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
District Six Chief Counsel
State of Flonda
Department of Transportation
1000 N.W. 11 1"' Avenue Parcel No. : 801.1
Miami, Florida 33 172 ItemISegment No. : 4198601
August 2 1,2009 - NE Managing District : 6
RESOLUTION
ON MOTION of Commissioner , seconded by Commissioner
, the following Resolution was adopted:
WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road
No. A-1 -A, Section No. 4 19860 1, in Miami-Dade County, Florida: and
WHEREAS, it is necessary that an easement across certain lands now owned by The City of Miami Beach,
Florida, be acquired by the State of Florida Department of Transportation: and
WHEREAS, said use is in the best interest of the City: and
WHEREAS, the State of Florida Department of Transportation has made application to said City to execute
and deliver to the State of Florida Department of Transportation a perpetual easement, or easements, in favor of the
State of Florida Department of Transportation for the purpose of constructing and maintaining a traffic light
controller and said request having been duly considered.
NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of The C~ty of Miarm-Beach.
Florida, that the application of the State of Florida Department of Transportation for a perpetual easement; or
easements, is for transportation purposes which are in the public or community interest and for public welfare; that a
perpetual easement, or easements, in favor of the State of Flonda Department of Transportation In Miami-Dade,
Florida, should be drawn and executed by this Board of City Commissioners. Consideration shall be $
BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of
Florida Department of Transportation at Tallahassee, Florida.
STATE OF FLORIDA
CITY OF MIAMI BEACH
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of C~ty
Commissioners of Miami Beach, Florida, at a meeting held on the day of ,20 -.
ATTEST: The Board of City of Miami Beach, Florida,
By its Board of City Commissioners
Clerk (or Deputy Clerk) of the Circuit Court
(Affix County Seal) By:
Its Chair (or Vice-Chalr)
(Address)
72ND STREET
PARCEL NO.1 OWNER'S NAME I PARCEL AREA 1 REMAINDER I COMMENTS
80 1 CITY OF MIAMI BEA~~145.39 SO. FT.luNDETERMlNEDl w
CN
SKFTCH TO ACCOMPANY Q-
LEG CRIPTION
W AL DFS C3
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THIS IS NOT A SURVEY -
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-
LEGENDa
@ - Baseline
Q - Center I lne - Parcel 'a Identification
Numer
SEC. - Sect Ton M
TWP. - Township -w
RGE. - Range
GOVNT - Government
EXIST. - Existing
STA. - Station
R/W - Right-of-Woy
PC - Point of -N
Curvature
N 87O35'16" E 0
8.11' 0
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REVISION BY
1
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N 87O35'16" E A
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SOUTH LINE GOVNT LOT 6, SEC.2, TWP.53S, RGE.42E
STA. 72+98.67
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1
STATE
- --
FLORIDA DEPARTMNT OF TRANSPORTATION
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
ROAD NO* AIA
-
MI AM1 -DADE COUNTY
DATE ------
07/17/09
07,11 109
DRAW
O(ECKLD
PREPARED BY: DATA SOURCE1 BY
D.DENIS
BYSsELL
FDOT DISTRICT VI (SEE GENERAL NOTES ON SHEET I 1
F. P. ID. 4 19860- 1 SECTION 87060 SHEET 2 OF 2
C
LEGAL DESCRIPTION FOR
PARCEL 801
Being o orcel of lond lytng In Government Lot 6, Sectlon 2, Townshfp 53 S South, Ronge 4 Eost, Mloml-Dode County, Florldo, ond being more porticulorly
described os fol lows:
BEGIN ot the point of intersectlon of the easterly right-of-woy llne of
Stote Rood AIA (Hordlng Avenue) wlth the northerly rlght-of-woy llne of 72nd
Street, sold northerly right-of-way llne being porollel wlth ond 70.00 feet
northerly of, os meosured ot right ongles, the south tlne of oforesold
Government Lot 6, os shown on the Florldo Deportment of Tronsportotlon
Right-of-Woy Ma , Section 87060, Project Number 250747-18 thence N 87O35'16" E, R olong soid nort erly rlght-of-woy line of 72nd Street, o distonce of 8.11
feet: thence N 03°57'21" W o distonce of 5.36 feet: thence N 83O46'08" W o
distonce of 7.28 feet to the Intersec+lon with o non-tongent curve concove to
the southeast hovlng o rodlus of 623.36 feet, the chord of which beors
S 04O22'59" W, ond being the oforesoid easterly right-of-way line of Stote
Rood AlA: thence southwesterly olong the orc of sold curve ond soid easterly
right-of-woy line of Stote Rood AIA, o dlstonce of 6.50 feet, through o
centrol ongle of 00°35'51" to the POINT OF BEGINNING*
Contoinlng 45.39 square feet, more or less.
GENERAL NOTES: - Reproductions of this map ore not valid without the slgnoture and orlglnol
rolsed seol of the Florid0 Llcensed Surveyor ond Mopper In responsible
chor ge. - Londs shown hereon were not obstrocted by this offfce for rights-of-woy,
easements of record, ownership, obondonments, deed restrictions, of Murphy
Act Deeds. Thfs lnformatlon should be obtolned through oppropriote
verTficot1on. - The BeorTngs shown hereon ore referenced to the Bosel?ne of Survey of Stote
Rood AIA (Hordlng Avenue), hovlng o beoring of N 02°24'01" W, ond the doto
used in the colculotion ond preporotion of the legal descripiion ore
0~~0rd1ng to the Surve done by CH Perez ond Assoclotes Consultlng Engineers,
Inc., and provlded by ?he Corrodlno Group under project nunber 419860-1 -52-01 - Additions ond/or deletions to survey mops, sketches or reports by ony porty
other thon the sfgnlng porty ore prohlblted without the wrltten consent of
the signlng porty.
lo klot
~ICHARD W. BUSSELL DATE
PROFESS I ONAL LAND SURVEY OR
FLORIDA CERTIFICATE NO. 3858
FLOR 1 DA DEPARTMNT OF TRANSPORTAT 1 ON
LEGAL DESCR I PT I ON -
--STATE ROAD NO* AIA MIAMI-DADE COUNTY ---
BY DATE PREPARED BY, DATA SOURCEt -- FOOT DISTRICT VI [SEE GENERAL NOTES)
MAIN O-DENIS 07/17/09 '
REVISION BY C,,ECrrED BUSSE~~ 07N, mg' F P. ID. 4 1 9860 - 1 SECT1 ON 87060 SHEET I OF 2
Attachment C
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
District Six Chief Counsel
State of Florida
Department of Transportation
1000 N.W. 11 1"' Avenue
Miami. Florida 33 172
August 2 1.2009 - NE
Parcel No. : 802.1
ItedSegment No. : 4198601
Managng District : 6
PERPETUAL EASEMENT
THIS EASEMENT Made the - day of ,20, by THE CITY OF MIAMI
BEACH, a municipality of the State of Florida, grantor, to the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, ~ts successors and assigns, grantee.
WITNESSETH: That the grantor for and in consideration of the sum of One Dollar and other valuable
considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its
successors and assigns, a perpetual easement for the purpose of constructing and maintaining a pedestrian ramp to
comply with ADA requirements in, over, under, upon and through the following described land in Miami-Dade
County, Florida, viz:
Parcel 802 FIN.N0:4198601
Being a parcel of land lyng in Section 2, Township 53 South, Range 42 East, Miami-Dade County, Flonda,
and being more particularly described as follows:
BEGIN at the point of intersection of the westerly right-of-way line of State Road AIA (Harding Avenue)
with the southerly right-of-way line of 73rd Street, as shown on the Florida Department of Transportation Right-of-
Way Map, Section 87060, Project Number 250747-1; thence S 87O05'45" W, along said southerly right-of-way line
of 73'* Street, a distance of 9.94 feet; thence S 01°40'1 8" E a distance of 3.58 feet; thence S 79O59'30" E a distance
of 9.91 feet to the intersection with a non-tangent curve concave to the northwest having a radius of 607.50 feet, the
chord of which bears N 00'37' 15" E, and being the aforesaid westerly right-of-way line of State Road A1 A; thence
northerly along the arc of said curve and said westerly right-of-way line of State Road AIA, a distance of 5.80 feet.
through a central angle of 00°32'50" to the POINT OF BEGINNING.
Containing 46.13 square feet, more or less
TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever, together with
immunity unto the said grantee, its successors and assigns from all claims for damage, if any, arising from or growing
out of such construction andlor maintenance to the lands, if any, owned by the grantor, lying adjacent or contiguous
to the lands hereinabove described and the grantor will defend the title to said lands against all persons claiming by,
through or under said grantor.
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its
Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written.
ATTEST: The City of Miami Beach
Its City Clerk
By:
Its Mayor
Address
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this - day of 20-,
by , Mayor, who is personally known to me or who has produced
as identification.
(S~gnature of person takingacknowledgment)
(Type, print or stamp name under signature)
Title or rank and serial number, if any:
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
District Six Chief Counsel
State of Flonda
Department of Transportation
1000 N.W. 11 1"' Avenue
Miami, Florida 33 172
August 2 1,2009 - NE
Parcel No. : 802.1
IternISegment No. : 4198601
Managng District : 6
RESOLUTION
ON MOTION of Commissioner , seconded by Commiss~oner
, the following Resolution was adopted:
WHEREAS, the State of Florida Depamnent of Transportation proposes to construct or improve State Road
No. A-I-A, Section No. 4198601, in Miami-Dade County, Florida: and
WHEREAS, it is necessary that an easement across certain lands now owned by The City of Miami Beach,
Florida, be acquired by the State of Florida Department of Transportation: and
WHEREAS, said use is in the best interest of the City: and
WHEREAS, the State of Florida Department of Transportation has made application to said City to execute
and deliver to the State of Florida Department of Transportation a perpetual easement, or easements, in favor of the
State of Florida Department of Transportation for the purpose of constructing and maintaining a pedestrian ramp to
comply with ADA requirements and said request having been duly considered.
NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of The City of Miami-Beach.
Florida, that the application of the State of Florida Department of Transportation for a perpetual easement, or
easements, is for transportation purposes which are in the public or community interest and for public welfare; that a
perpetual easement, or easements, in favor of the State of Florida Department of Transportation in Miami-Dade,
Flonda, should be drawn and executed by this Board of City Commissioners. Consideration shall be $
BE IT FURTHER RESOLVED that a certified copy of thls Resolution be forwarded forthwith to the State of
Florida Department of Transportation at Tallahassee, Florida.
STATE OF FLORIDA
CITY OF MIAMI BEACH
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City
Commiss~oners of Miami Beach, Florida, at a meeting held on the day of -20 -.
ATTEST: The Board of City of Miam] Beach, Flonda,
By its Board of City Commissioners
Clerk (or Deputy Clerk) of the Circuit Court
(Affix County Seal) By:
Its Chair (or Vice-Chair)
-- -
(Address)
Parcel 802 FIN. No: 4198601
Being a parcel of land lying in Section 2, Township 53 South, Range 42 East, Miami-
Dade County, Florida, and being more particularly described as follows:
BEGIN at the point of intersection of the westerly right-of-way line of State Road A1A
(Harding Avenue) with the southerly right-of-way line of 73rd Street, as shown on the Florida
Deparhnent of Transportation Right-of-way Map, Section 87060, Project Number 250747-1;
thence S 87O05'45" W, along said southerly right-of-way line of 73rd Street, a distance of 9.94
feet; thence S 01°40'18" E a distance of 3.58 feet; thence S 79'59'30" E a distance of 9.91 feet to
the intersection with a non-tangent curve concave to the northwest having a radius of 607.50 feet,
the chord of which bears N 00°37'15" E, and being the aforesaid westerly right-of-way line of
State Road AlA; thence northerly along the arc of said curve and said westerly right-of-way line
of State Road AlA, a distance of 5.80 feet, through a central angle of 00°32'50" to the POINT
OF BEGINNING.
Containing 46.13 square feet, more or less.
+ 4
LEGAL DESCR I PT I ON FOR
PARCEL 802
Being o porcel of lond lying in Section 2, Township 53 South, Ronge 42
Eost, Mioml-Dode County, Florldo, ond belng more portlculorly described 0s
fol 1 OWSI
BEGIN of the point of Intersection of the westerly right-of-way line of
State Rood AIA (HordIng Avenue) wlth the Soulherly right-of-woy line of 73rd
Street, os shown on the Florldo Deportment of Tronsportotion Right-of-Woy Mop,
Sect ion 87060, ProJect Nurrber 250747-1: thence S 87O05'45" W, olong said
southerly rlght-of-way llne of 73rd Street, o dlstonce of 9.94 feeti thence
S 01°40'18" E o distonce of 3.58 feeti thence S 79O59'30" E o distance of 9.91
feet to the iniersectlon wlth o non-tongent curve concave to the northwest
hoving o rodlus of 607.50 feet, the chord of which beors N 00°37'15" E, ond
belng the oforesoid westerly right-of-woy lfne of Stote Rood AIA; thence
northerly olong the orc of sold curve ond sold westerly right-of-woy llne of
State Rood AIA, o dlstonce of 5.80 feet, through o centrol ongle of 00°32'50"
to the POINT OF BEGINNING.
Contolnfng 46.13 squore feet, more or less.
GENERAL NOTES: - Reproductions of this mop ore not volld wlthout the signoture ond original
roised seol of the Florldo Licensed Surveyor ond Mopper in responsible
chorge. - Lands shown hereon were not obstrocted by this office for rights-of-woy,
easements of record, ownership, obandonments, deed restrictions, of Murphy
Act Deeds. This informotion should be obtotned through oppropriote
veriflcotlon. - The Beorlngs shown hereon ore referenced to the Bosellne of Survey of Stote
Rood AIA (Hordlng Avenue), having o beorlng of N 0Z057'09" W, ond the doto
used In the colculoiion ond preporotlon of the legal descrlptlon ore
according +o the Surve done by CH Perez ond Associotes Consul t In Engineers,
Inc., ond provided by The Corrodlno Group under project nunber 41 8 860-1 -52-01. - Additions ond/or deletions to survey mops, sketches or reports by ony porty
other thon the slgnlng party ore prohlblted without the written consent of
the signfng porty.
!b bm
~ICHARD W. BUSSELL b6~~
PROFESSiONAL LAND SURVEYOR
FLORIDA CERTIFICATE NO. 3858
REVISION
---
BY
-
-------
PP
FLORIDA DEPARTKNT OF TRANSPORTATION
LEGAL DESCRIPTION
STATE ROAD NO. A I A MI AM1 -DAD€ COUNTY
DATA SOURCE*
(SEE GENERAL NOTES)
PREPARED BY1
FDOT DISTRICT VI
BY DATE -
DRAWN
-CHECKED
D.DENISOlll7M9
OT,J1 /03 F. P- ID. 4 19860- 1 SECTION 87060 SHEET 1 OF 2
PARCEL NO.1 OWNER'S NAME I PARCEL AREA I REMAINDER 1 COMMENTS
8 02 CITY OF MIAMI BEACH]^^. 13 SO. FT. IIJNDETERMINEDI
Attachment D
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
District Six Chief Counsel
State of Florida
Department of Transportation
1000 N.W. 11 1" Avenue Parcel No. : 803.1R(lO-13-2010)
Miami, Florida 33 172 Itendsegment No. : 4 19860 1
August 2 1,2009 - NE Managing District : 6
PERPETUAL EASEMENT
THIS EASEMENT Made the day of, 20 , by THE CITY OF MIAMI BEACH, a
municipality of the State of Florida, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, its
successors and assigns, grantee.
WITNESSETH: That the grantor for and in consideration of the sum of One Dollar and other valuable considerations paid,
the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its successors and assigns, a
perpetual easement for the purpose of constructing and maintaining a pedestrian ramp to comply with ADA
requirements and to maintain the existing controller cabinet, in, over, under, upon and through the following described
land in Miami-Dade County, Florida, viz:
Parcel 803 FIN. No: 4198601
Being a parcel of land lying in Section 2, Township 53 South, Range 42 East, Miami-Dade County, Florida, and being more
particularly described as follows:
BEGIN at the point of intersection of the easterly right-of-way line of State Road A1 A (Harding Avenue) with the southerly
right-of-way line of 731d Street, as shown on the Florida Department of Transportation Right-of-way Map, Section 87060,
Project Number 250747-1; thence N 87'05'45" E, along said southerly right-of-way line of 73" Street, a distance of 14.27
feet to a point hereinafter referred to as Point "A"; thence S 63'32'42" W a distance of 8.14 feet; thence S 33'23'32" W a
distance of 4.50 feet; thence S 40'07'00" W a distance of 7.1 1 feet to the intersection with a non-tangent curve concave to
the northwest having a radius of 687.50 feet, the chord of which bears N 00'28'21" E, and being the aforesaid easterly
right-of-way line of State Road A1 A; thence northerly along the arc of said curve and said easterly right-of-way line of State
Road AlA, a distance of 12.10 feet, through a central angle of 01'00'29" to the POINT OF BEGINNING.
Containing 67.08 square feet, more or less.
TOGETHER WITH the following described parcel:
COMMENCE at the aforesaid Point "A"; thence N 87°05'45" E, along said southerly right-of-way line of 73Id Street, a
distance of 14.27 feet to the POINT OF BEGINNING of the following described parcel;
Thence continue N 87'05'45" E, along said southerly right-of-way line of 731d Street, a distance of 6.55 feet; thence S
02'54'15" E a distance of 2.83 feet; thence S 87'05'45" W a distance of 6.55 feet; thence N 02'54' 15" W a distance of
2.83 feet to the POINT OF BEGINNING.
Containing 18.54 square feet, more or less.
Containing a combined total of 85.62 square feet, more or less.
TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever, together with immunity
unto the said grantee, its successors and assigns from all claims for damage, if any, arising from or growing out of such
construction andlor maintenance to the lands, if any, owned by the grantor, lying adjacent or contiguous to the lands
hereinabove described and the grantor will defend the title to said lands against all persons claiming by, through or under
said grantor.
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and
its seal to be hereto affixed, attested by its City Clerk, the date first above written.
ATTEST: The City of Miami Beach
Its City Clerk
By:
Its Mayor
Address
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of 20-, by
, Mayor, who is personally known to me or who has produced
as identification.
(Signature of person taking acknowledgment)
(Type, print or stamp name under signature)
Title or rank and serial number, if any:
07-PE. 14
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
District Six Chief Counsel
State of Florida
Department of Transportation
1000 N.W. 11 lfh Avenue Parcel No. : 803.1
Miami, Florida 33 172 ItedSegment No. : 4198601
August 2 1,2009 - NE Managing District : 6
RESOLUTION
ON MOTION of Commissioner , seconded by Commissioner
the following Resolution was adopted:
WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. A-
1 -A, Section No. 4 19860 1, in Miami-Dade County, Florida: and
WHEREAS, it is necessary that an easement across certain lands now owned by The City of Miami Beach, Florida,
be acquired by the State of Florida Department of Transportation: and
WHEWAS, said use is in the best interest of the City: and
WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and
deliver to the State of Florida Department of Transportation a perpetual easement, or easements, in favor of the State of
Florida Department of Transportation for the purpose of constructing and maintaining a pedestrian ramp to comply with
ADA requirements and to maintain the existing controller cabinet, and said request having been duly considered.
NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of The City of Miami-Beach,
Florida, that the application of the State of Florida Department of Transportation for a perpetual easement, or easements, is
for transportation purposes which are in the public or community interest and for public welfare; that a perpetual easement,
or easements, in favor of the State of Florida Department of Transportation in Miami-Dade, Florida, should be drawn and
executed by this Board of City Commissioners. Consideration shall be $
BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of
Florida Department of Transportation at Tallahassee, Florida.
STATE OF FLORIDA
CITY OF MIAMI BEACH
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City
Commissioners of Miami Beach, Florida, at a meeting held on the day of ,20 -.
ATTEST: The Board of City of Miami Beach, Florida,
By its Board of City Commissioners
Clerk (or Deputy Clerk) of the Circuit Court
(Affur: County Seal) By:
Its Chair (or Vice-Chair)
(Address)
LEGAL DESCRIPTION FOR
PARCEL 803
Belng o parcel of lond lylng ln Sectlon 2, Townshlp 53 South, Ronge 42
East, Mloml-Dode County, Florldo, and belng more portlculorly descrlbed 0s
fol 1 owsr
BEGIN ot the pornt of lntersectlon of the eosterl y rlght-of-way 1 lne of
Stote Rood AIA [Hardlng Avenue) with the southerly rlght-of-way llne of 73rd
Street, 0s shown on the Florldo Deportment of Tronsportotion Rlght-of-Woy Mop,
Sectlon 87060, Project Number 250747-1: thence N 87005'45" E, olong sald
southerly rfght-of-way llne of 73rd Street, o dlstonce of 14.27 feet to 0
g olnt hereinafter referred to os Polnt "A": thence S 63*32-42" W a dlstonce of
.I4 feet: thence S 33O23'32" W o dlstonce of 4.50 feet! thence S 40°07'00" W
o dlstonce of 7.11 feet to the lntersectlon wlth o non-tongent curve concave
to the northwest hovlng o rodlus of 687.50 feet, the chord of whlch bears
N 00°28'21" E, ond belng the oforesold eosterly rlght-of-woy llne of Stote
Rood AlA: thence northerly olong the arc of sold curve ond sold eosterly
rlght-of-woy llne of Stote Rood AIA, a dlstance of 12.10 feet, through 0
central angle of 01°00'29" to the POINT OF BEGINNING.
Contolnlng 67.08 squore feet, more or less.
TOGETHER Wl TH the f ol l ow lng descr 1 bed porcel t
COWNCE ot the oforesold Polnt "A": thence N 87°05'45" E, olong sald
southerly rl ht-of-way llne of 73rd Street, o dlstonce of 14.27 feet to the
POINT OF BEG ? NNING of the following described porcel:
Thence contfnue N 87O05'45" E, olong sold southerly rlght-of-woy
line of 73rd Street, o dlstonce of 6.55 feet: thence S 02°54'15" E o
dlsfonce of 2.83 feet; thence S 87°05'45" W o dlstonce of 6.55 feet:
thence N 02O54'15" W o dlstonce of 2.83 feet to the POINT OF BEGINNING.
Contolnlng 18.54 square feet, more or less.
Contolnln~ o comlned total of 85.62 squore feet, more or less.
GENERAL NOTES: - Reproductions of thts mop ore not voltd without the slgnoture and ortglnol
rolsed seal of the Florldo LIcensed Surveyor and Mopper In responsible
charge. - Lands shown hereon were not obstrocted by thts offlce for rtghts-of-woy,
easements of record, ownershlp, obondonments, deed restrtctlons, of Murphy
Act Deeds. Thls Informotlon should be 0bt01ned through opproprlote
PARCEL NO.[ OWNER'S NAME I PARCEL AREA I REMAINDER I COMMENTS
803 [CITY OF MIAMI BEACHl85.62 SO. FT,IuNDETERMINEDI
W
P\I LEGEND: -3-
t - Base l ine SKETCH TO ACCOMPANY w - Centerl ine SCRIPTION 0 0 - Porce~ LEGAI DE E
Identificotfon THIS IS NOT A SURVEY Number
SEC. - Section
TWP. - Township
RGE. - Range
EXIST. - Exlsting
sTA. - Station ii
R/W - Rlght-of-Way a
PT - Polnt of Tangency
g
@
-
PT STA. 78+12.19
V)
Iv)
~n
3 a
3
CITY OF MIAMI BEACH I-
C\1
S; o
0 W
V) E
73RD STREET
Q STA. 78.12.19 P
h , N 87O05.45" E 1 \
00
0
ul rn N 87O05.45" E
Scoles I " 20'
F&{2p~NE$
REVISION
FLORIDA DEPARTMNT OF TRANSPORTATION
SKETCH TO ACCOMPANY LEGAL DESCR I PT I ON
ROAD NO. A1 A MIAMI -0ADE COUNTY --- ---
0.0~~1~
BY
--STATE
10111 110
oArr
DATA SOURCE#
(SEE GENERAL NOTES ON SHEET I)
PREPARED BY1
FOOT DISTRICT VI
BY --
07/17/09
07nlm
DRAWN
F.P. ID. 419860-1 SECTION 87060
D-MNIS
BussrLL SHEET 2 OF 2
Attachment E
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
District Six Chief Counsel
State of Florida
Department of Transportation
1000 N. W. 1 1 1' Avenue
Miami, Florida 33 172
August 11,2010 - NE
Parcel No. : 805.1R(lO-06-2010)
Item/Segment No. : 4198601
Managing District : 6
PERPETUAL EASEMENT
THIS EASEMENT Made the day of, 20 , by THE CITY OF MIAMI BEACH,
a municipality of the State of Florida, grantor, to the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, its successors and assigns, grantee.
WITNESSETH: That the grantor for and in consideration of the sum of One Dollar and other valuable
considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its
successors and assigns, a perpetual easement for the purpose of replacing and improving the existing sidewalk to
meet the ADA standards in, over, under, upon and through the following described land in Miami-Dade County,
Florida, viz:
Parcel 805 FIN. No: 4198601
Being a parcel of land lying in Government Lot 6, Section 2, Township 53 South, Range 42 East, Miami-Dade County,
Florida, and being more particularly described as follows:
BEGIN at the point of intersection of the westerly right-of-way line of State Road AlA (Harding Avenue) with the
northerly right-of-way line of 72"d Street, said northerly right-of-way line being parallel with and 70.00 feet north of, as
measured at right angles, the south line of aforesaid Government Lot 6, as shown on the Florida Department of
Transportation Right-of-way Map, Section 87060, Project Number 250747-1; thence N 87'35'16" E, along said
northerly right-of-way line of 72nd Street, a distance of 37.87 feet; thence N 02'24'02" W a distance of 3 .OO feet; thence
N 87'35' 16" E a distance of 34.58 feet to the beginning of a curve concave to the northwest having a radius of 10.00
feet, the chord of which bears N 76'48'57" E; thence northeasterly along the arc of said curve a distance of 3.76 feet,
through a central angle of 21 "32'39" to the point of cusp with a non-tangent curve concave to the southeast having a
radius of 703.36 feet, the chord of which bears S 03'28'50" W, and being the aforesaid westerly right-of-way line of
State Road AlA; thence southwesterly along the arc of said curve and said westerly right-of-way line of State Road
A1 A, a distance of 3.72 feet, through a central angle of 00°1 8'10" to the POINT OF BEGINNING.
Containing 114.9 square feet, more or less.
DD/RB/08/02/20 10
Rev. DD/10/04/20 10
TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever, together with
immunity unto the said grantee, its successors and assigns from all claims for damage, if any, arising from or growing
out of such construction and/or maintenance to the lands, if any, owned by the grantor, lying adjacent or contiguous to
the lands hereinabove described and the grantor will defend the title to said lands against all persons claiming by,
through or under said grantor.
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor,
and its seal to be hereto aff~ed, attested by its City Clerk, the date first above written.
ATTEST: The City of Miami Beach
Its City Clerk
By:
Its Mayor
Address
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of 20~ by
, Mayor, who is personally known to me or who has produced
as identification.
(Signature of person taking acknowledgment)
(Type, print or stamp name under signature)
Title or rank and serial number, if any:
This instrument prepared by,
or under the direction of,
Alicia Trujillo, Esq.
District Six Chief Counsel
State of Florida
Department of Transportation
1000 N.W. 11 lth Avenue Parcel No. : 805.1R(lO-06-20 10)
Miami, Florida 33 172 ItemISegment No. : 4 19860 1
August 11,2010 - NE Managing District : 6
RESOLUTION
ON MOTION of Commissioner , seconded by Commissioner
the following Resolution was adopted:
WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road
No. A-I -A, Section No. 41 9860 1, in Miami-Dade County, Florida: and
WHEREAS, it is necessary that an easement across certain lands now owned by The City of Miami Beach,
Florida, be acquired by the State of Florida Department of Transportation: and
WHEREAS, said use is in the best interest of the City: and
WHEREAS, the State of Florida Department of Transportation has made application to said City to execute
and deliver to the State of Florida Department of Transportation a perpetual easement, or easements, in favor of the
State of Florida Department of Transportation for the purpose of replacing and improving the existing sidewalk to
meet the ADA standards and said request having been duly considered.
NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of The City of Miami-Beach,
Florida, that the application of the State of Florida Department of Transportation for a perpetual easement, or
easements, is for transportation purposes which are in the public or community interest and for public welfare; that a
perpetual easement, or easements, in favor of the State of Florida Department of Transportation in Miami-Dade,
Florida, should be drawn and executed by this Board of City Commissioners. Consideration shall be $
BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of
Florida Department of Transportation at Tallahassee, Florida.
STATE OF FLORIDA
CITY OF MIAMI BEACH
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City
Commissioners of Miami Beach, Florida, at a meeting held on the day of ,20 --
ATTEST: The Board of City of Miami Beach, Florida,
By its Board of City Commissioners
Clerk (or Deputy Clerk) of the Circuit Court
(Affix County Seal) By:
Its Chair (or Vice-Chair)
--
(Address)
PARCEL NO.1 OWNER'S NAME 1 PARCEL AREA I REMAINDER 1 COtJ~hTs
005 1CJT:f GFM~A~M~'BEAGH]II~.~S(~, FT.IUNDETEFIMINE.>~ -
LP.
ZJ-
1"
--I :c!
7::
. .. .. . I. EG
m.
AL QESCRIPTION
b. 7 . THIS 15 NOT A SURVEY
n
Cl TY OF MIAMI BEACH
- :.: -
7 LC -
-I- - * i
5 l ,:I;<
cJJ7 N 02e24aDZ" W
L.7 ?J .F
a
- NOT SUBfiIVIOED
P . , Ll
4-4
:A-~1~32~39'
L.3.76'
#
#'
1
/
d ' --- .--
4'J'
W-'
Am
Y.
-.IT
3 D
M nPp24'Ql " t
LEGENDI
I - Basal i ne - Center1 lne @. Porcel
Ideot;fica$ibn
t~rmr
5EC. - Sect Ion
TWP, - Town5hip
AGE. - Range
EXIST. - Exlstlng
STA, - Zfatlon
R/# - Ri hi-0f-Wllg;r
PC - mPnt nf
Cvrvaf ure
--.--. . FLORIDA DEPARTMNT OF TRAMSPORTATIDH
---- . . SKETCH TO ACCOWANY LEGAL DESCRIPTION
- STATE ROAD YO. hlh .- ---- MI &MI -DhDE COUNTY ?.--I "'G = 1'""'-J "t I :.ST.$ <w.R:r.
,FXT ~IX-RIC- #:I 15~- VI N.~N - - a~rrs SHEET I I
' , u 11.n 5 l=as #1b
--D!Ay D-UENJI O8WfIb7- ' . .
F.LI:IICI( MI cnEc,.,, / ,,,, ,,,,,, F.P. ID. 41.060- 1 SECTID* L)TOGD SHEET 2 OF 9
Attachment F
This instrument prepared by, or under the direction of,
Alicia Trujillo, Esq., District Six Chief Counsel
State of Florida Department of Transportation
1000 N.W. 11 1'" Avenue, Miami, Florida 33 172
July 1,2010 - NE
Parcel No. : 901
IteinISeg~nent No.: 4198581
Managing District: 6
LICENSE
THIS AGREEMENT, Made the day of, 20 , by and between CITY
OF MIAMI BEACH, herein called licensor, and the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, herein called licensee.
In consideration of the benefits accruing unto the licensor, the parties agree as follows:
Licensor hereby grants to licensee a license to occupy and use, subject to all of the terms and conditions hereof, the
following described premises:
Parcel 901 FIN No. 4198581
The easterly 5.00 feet of the property is located at 226 87'" Terrace, Miami Beach, FL 33 141
Folio Number: 02-3202-006-0430
The premises may be occupied and used by licensee solely for sloping, grading, tying in, hmnonizing and reconnecting
existing features of the licensor's property with the highway iinprovements which are to be constructed together with
incidental purposes related thereto during the period beginnillg with the date first above written and continuing until
co~npletion of the transportation project, but not later than the last day of
The making, execution and delivery of this agreement by licensor has been induced by no representations, statements,
warranties, or agreeinellts other than those contained herein. This agreement embodies the entire understanding of the
parties and there are no further or other agreements or understandings, written or oral, in effect between the parties
relating to the subject matter hereof.
IN WITNESS WHEREOF, the licensor has caused these presents to be executed in its name, and its corporate
seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written.
CITY OF MIAMI BEACH
By:
Print name
Its:
RESOLUTIONS TO BE SUBMITTED
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution authorizing the reallocation of $361,390 in previously appropriated construction RDAfunds, and
$36,139 in project contingency RDA funds, for a total of $397,529, from the Right of Way (ROW) Infrastructure
lmprovements Project for Neighborhood No. 9A, City Center Historic District; to the FY 2009/2010 Stormwater
Pipe - Repairs capital project, for the rehabilitation of the stormwater pipe located along Washington Avenue,
between I 8th and 2oth Streets; and Approving a change order, in a not to exceed amount of $361,390, to the
Agreement between the City and M. Vila and Associates, Inc., for the Right of Way lnfrastructure
lmprovements Project for Neighborhood No. 9A, City Center Historic District.
Key Intended Outcome Supported: a
Ensure well maintained infrastructure.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction
Survey, 41.7% of residential respondents and 37% of business respondents in the South Beach district rated
storm drainage as "excellent" and "good1'.
Issue: I Shall the City Commission approve the appropriation? I
Item SummarylRecommendation:
The "Stormwater Pipe - Repairs" Capital Project was previously approved in the Fiscal Year 2009-2010
Capital Budget, with proposed funding from future stormwater bonds. The Project specifically targets the
rehabilitation of the approximately 34-inch by 52-inch elliptical concrete stormwater drainage pipe that is
located along Washington Avenue, between 18'~ Street and 2oth Streets. The existing leakage from the pipe
joints is undermining the roadway and can be eliminated using "cured-in-place" plastic pipe-lining technology.
The drainage pipe repair work needs to be completed before the paving and streetscape work, along
Washington Avenue, that is part of the scope of the City Center Historic District Neighborhoods lmprovements
Project (City Center No. 9A) can commence. To meet the aggressive timeframe required to dovetail this
construction with that of City Center No. 9A, proposals for the rehabilitation of the drainage pipe were
requested from a Job Order Contract (JOC) contractor and M. Vila &Associates, Inc. (Vila), the contractor for
the City Center 9A project. A JOC proposal in the amount of $469,985.51 was received from Envirowaste
Services Group. A second proposal in the negotiated not-to-exceed amount of $361,390 was received from
Vila (Attachment 1). Both proposals have been reviewed and the Vila proposal has been reviewed and
approved by the Special Assistant to the City Manager. An additional 10% project contingency, in the amount
of $36,139, is also being requested, for a total appropriation of $397,529. The reallocation of available City
Center No. 9A RDA funds reduces the need to secure equivalent funding from proposed future stormwater
bonds. A similar funding approach was approved by the Mayor and City Commission at the April 14,2010,
City Commission meeting, where the use of City Center RDA construction savings funds, from the City
Center No. 9A project, was approved to fund the previously approved "24-inch PVC Sanitary Improvements"
project along James Avenue. As a result, an equivalent amount of water and sewer bond funding became
available for other projects.
THE ADMINISTRATION RECOMMENDS APPROVING THE FUNDING APPROPRIATION.
Advisory Board Recommendation:
I
City Clerk's Office Legislative Tracking: I Fernando Vazquez, Ext. 6399
Financial Information:
Account
Account 365-261 6-069357
Neighborhood No 9A City Center Historic District ROW
Project construction savings
Source of
Funds:
I-2
OBPl
Financial Impact Summary:
d
Total
Amount
$397,529
$397,529
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 27, 201 0
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE REALLOCATION OF
$361,390 IN PREVIOUSLY APPROPRIATED CONSTRUCTION RDA
FUNDS, AND $36,139 IN PROJECT CONTINGENCY RDA FUNDS, FOR A
TOTAL OF $397,529, FROM THE RIGHT OF WAY (ROW)
INFRASTRUCTURE IMPROVEMENTS PROJECT FOR NEIGHBORHOOD
NO. 9A, ClTY CENTER HISTORIC DISTRICT, TO THE FY 200912010
STORMWATER PlPE - REPAIRS CAPITAL PROJECT, FOR THE
REHABILITATION OF THE STORMWATER PlPE LOCATED ALONG
WASHINGTON AVENUE, BETWEEN 18~~ AND 2oTH STREETS; AND
APPROVING A CHANGE ORDER, IN A NOT TO EXCEED AMOUNT OF
$361,390, TO THE AGREEMENT BETWEEN THE ClTY AND M. VILA AND
ASSOCIATES, INC., FOR THE RIGHT OF WAY (ROW) INFRASTRUCTURE
IMPROVEMENTS PROJECT FOR NEIGHBORHOOD NO. 9A, CITY
CENTER HISTORIC DISTRICT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
A reallocation of $397,529, in previously appropriated funding, from the Neighborhood No. 9A
City Center Historic District ROW Project Construction Savings, Fund 365, to the Stormwater
Pipe - Repairs capital project.
ANALYSIS
The "Stormwater Pipe - Repairs" capital project (Project) was previously approved in the Fiscal
Year 2009-2010 Capital Budget, with proposed funding, in the amount of $250,000, from future
stormwater bonds. The Project falls within the boundaries of the City Center Historic District
Neighborhoods Improvements Project (City Center No. 9A), currently under construction. The
original scope of the Project called for the repair of leaking joints along the length of the
approximately 34-inch by 52-inch elliptical concrete stormwater drainage pipe that is located
along Washington Avenue, between 18'~ and 2oth Streets. The existing leakage from the pipe
joints is undermining the roadway.
After further investigations, including video camera inspections, it was determined that the
existing conditions of the pipe joints are worse than originally anticipated. Consequently, it was
decided that it would be more appropriate to rehabilitate the pipeline using "cured-in-place"
Commission Memorandum - Stormwater Pipe Repairs -Washington Ave.
October 27, 20 10
Page 2 of 2
plastic pipe-lining technology, as opposed to repair of individual pipe joints. The drainage pipe
repair work needs to be completed before the paving and streetscape work, along Washington
Avenue - within the scope of the City Center No. 9A project - can commence.
To meet the aggressive timeframe required to dovetail this construction with that of City Center
No. 9A, proposals for the rehabilitation of the drainage pipe were requested from a Job Order
Contract (JOC) contractor and M. Vila & Associates, Inc. (Vila), the contractor for the City
Center 9A project. A JOC proposal in the amount of $469,985.51 was received from
Envirowaste Services Group. A second proposal in the negotiated not-to-exceed amount of
$361,390 was received from Vila (Attachment 1). Both proposals have been reviewed and the
Vila proposal has been reviewed and approved by the Special Assistant to the City Manager. An
additional 10% project contingency, in the amount of $36,139, is also being requested, for a
total appropriation of $397,529.
The reallocation of available City Center No. 9A RDA funds reduces the need to secure
equivalent funding from proposed future stormwater bonds. A similar funding approach was
approved by the Mayor and City Commission at the April 14, 2010, City Commission meeting,
where the use of available City Center RDA construction savings funds, from the City Center
No. 9A project, was approved to fund the previously approved "24-inch PVC Sanitary
Improvements" project along James Avenue. As a result, an equivalent amount of water and
sewer bond funding became available for other projects.
CONCLUSION
The Administration recommends that the Mayor and City Commission authorize the reallocation
of previously appropriated construction RDA funds, from the City Center No. 9A project, in the
negotiated not-to-exceed amount of $361,390, for construction, and $36,139, in project
contingency funds, for a total of $397,529, to the FY 200912010 Stormwater Pipe - Repairs
capital project for the rehabilitation of the stormwater pipe located along Washington avenue,
between 18'~ and 2oth streets; and further approving a change order, in a not to exceed amount
of $361,390, for said construction, to the agreement between the City and M. Vila and
Associates, Inc., for the Right of Way (ROW) Infrastructure Improvements Project for
Neighborhood No. 9A, City Center Historic District.
Attachment 1 - M. Vila Associates, Inc. Proposal
JMGIJGGIFHBIFVIJCC
T:\AGENDA\201 O\October 27\Stormwater Pipe Repairs -Washington Ave. No. of 17th St. - MEMO.doc
RESOLUTION No.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE REALLOCATION OF $361,390 IN
PREVIOUSLY APPROPRIATED CONSTRUCTION RDA FUNDS, AND $36,139 IN
PROJECT CONTINGENCY RDA FUNDS, FOR A TOTAL OF $397,529, FROM THE
RIGHT OF WAY (ROW) INFRASTRUCTURE IMPROVEMENTS PROJECT FOR
NEIGHBORHOOD NO. 9A, CITY CENTER HISTORIC DISTRICT, TO THE FY
200912010 STORMWATER PlPE - REPAIRS CAPITAL PROJECT, FOR THE
REHABILITATION OF THE STORMWATER PlPE LOCATED ALONG WASHINGTON
AVENUE, BETWEEN 18~~ AND 2oTH STREETS; AND APPROVING A CHANGE
ORDER, IN A NOT TO EXCEED AMOUNT OF $361,390, TO THE AGREEMENT
BETWEEN THE ClTY AND M. VILA AND ASSOCIATES, INC. FOR THE RIGHT OF
WAY (ROW) INFRASTRUCTURE IMPROVEMENTS PROJECT FOR
NEIGHBORHOOD NO. 9A, CITY CENTER HISTORIC DISTRICT.
WHEREAS, the "Stormwater Pipe - Repairs" Capital Project was previously approved in the
Fiscal Year 2009-2010 Capital Budget, with proposed funding from future stormwater bonds; and
WHEREAS, the Project specifically targets the rehabilitation of the approximately 34-inch by 52-
inch elli tical concrete stormwater drainage pipe that is located along Washington Avenue, between 1 7th
ti? and 20 Streets; and
WHEREAS, the existing leakage from the pipe joints is undermining the roadway and can be
eliminated using "cured-in-place" plastic pipe-lining technology; and
WHEREAS, the drainage pipe repair work needs to be completed before the paving and
streetscape work, along Washington Avenue (that is part of the scope of the City Center Historic District
Neighborhoods lmprovements Project; City Center No. 9A) can commence; and
WHEREAS, a proposal, in the negotiated not-to-exceed amount of $361,390, was received from
M. Vila and Associates, Inc., the City's contractor for the Stormwater Pipe - Repairs Capital Project; and
WHEREAS, an additional 10% project contingency, in the amount of $36,139, is also being
requested, for a total appropriation of $397,529.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITYCOMMISSION OF
THE ClTY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby authorize the
reallocation of $361,390 in previously appropriated construction RDA funds, and $36,139 in project
contingency RDA funds, for a total of $397,529, from the Right of Way lnfrastructure lmprovements
Project for Neighborhood No. 9A, City Center Historic District, to the FY 200912010 Stormwater Pipe -
Repairs capital project, for the rehabilitation of the stormwater pipe located along Washington Avenue,
between 1 8th and 2oth Streets; and approving a change order, in a not to exceed amount of $361,390, to
the Agreement between the City and M. Vila and Associates, Inc. for the Right of Way lnfrastructure
lmprovements Project for Neighborhood No. 9A, City Center Historic District.
PASSED AND ADOPTED this - day of ,2010.
ATTEST:
ROBERT H. PARCHER, CITY CLERK MATT1 HERRERA BOWER, MAYOR
APPROVED AS TO
T:\AGENDA\201O\October 27\Consent\Stormwater Pipe Repairs -Wash. Ave. No. of 17th St. - RESO.docx FORM &LANGUAGE
M Vila & Associates Inc. PROPOSED CHANGE ORDER
No. 00032
12097 NW 98th Avenue Phone: 305-821-1226
Hialeah Gardens, FL 330 18 Fax: 305-826-0004
TITLE: Pipe Liner on Washington DATE: 1 Of 14/20 10
PROJECT: City Center ROW hprov JOB:
TO: Attn: Maria Hernandez
City of Miami Beach
CONTRACT NO: MVA303
RE: PC0 :MVLA Number:
DESCRIPTION OF PROP
Proposal to install CIPP trench-less pipline rehabiliation on existing 3411/52" elliptical storm drain along west side of Washinton Ave
between 18 St and 20 St.
Item Description ' Stock# Quantity Units ,Unit Price 'TaxRate Tax Amount Net Amount
00001 Lanzo Pipe Liner Proposal 1.000 LS $313,600.00 0.00% $0.00 $313,600.00
00002 O&P15% 1.000 LS $47,040.00 0.00% $0.00 $47,040.00
00003 MOT 1.000 LS $750.00 0.00% $0.00 $750.00
Unit Cost: $361,390.00
Unit Tax: $0.00
Lump Sum: $0.00
Lump Tax: $0.00
Total: $361,390.00
APPROVAL:
By: ?a&-
iguel Angel Vila
By:
Maria Hernandez
Date: Date:
Expedition @
125 S.E. 5& Court
Deerfield Beach, Florida 3344 1
Office: (954) 973-9700
Fax: (954) 974-3894
www.lanzo.net
October 14th, 201 0
Miguel Vila
Re; Cured in Place pipe lining
Dear Mr. Vila
The following represents cost to perform the one (1) rub of 34/52" elliptical stom drain CIPP
trench less pipeline rehabilitation. As you know we bill for what is actually lined, therefore it is
safe to assume that this represents a conservative "not to exceed" estimate.
CIPP (54")
Clean & TV
Total estimate $3 13,600.00
Price includes, but may not be limited to all cleaning, root removal, degreasing, bypass pumping,
closed circuit robotic televising, pipe lining, lateral reinstatements, third party testing, and Five (5)
year warranty.
Thank you for your kind consideration of Lanzo Lining Services.
Respectfully Submitted,
Fred Tingberg Jr.
Lanzo Lining Services
Fred Tingberg Jr., assistant secretary
An Equal Opportunity Employer
An Ametlcan Nalional Sundard
Standard Practice for
Rehabilitation of Existing Pipelines and Conduits by the
inversion and Curing of a Resin-Impregnated Tube'. *
Th~s stiu~S;ud IS issucd unrlcr thc lixd dusipnnlinrr F 1216; the nurnkr tuinediatciy io1luwn.g the ddpation indicates Iln: pa oi
original ndoption or. io rhc enre of rw5sinn. Ihe yciu of Iasr revision. A number iu piuentlreses indic~cs rhe yea, of lirit reapproval. A
supcrscr~ quiiniion ic) indicnlcs an cditerial chmgo since 11lr lasl rr\isirn~ or tcilpprnval.
1. Scope
I. 1 This praciicc dcscrihcs the placcd~~rw for thc recon-
s~niction of pipclincs and conduits (4 to 108-in. diamctcr) by
thc ins~allarinn of a rrsin-inlprcgniitctl, Rcxibic [uhc \yBich is
invcrtcd into the existing conduit by use of a hydrostn~ic head
or sir pressure. The rcsin is cured by ci~~laiing hot water or
inlroducing controllcd stcnm within thc tubc. Whcn curcd. the
finished pipc will bc continuo~~s and tight-filtisg. This I-ccon-
stluction process can bc used in a variety of gravity and
pnssurc applications suck as sanitary scwven. storm scxzela
pmcess piping, elccrrical conduits, and vcntilarion systcrns.
1.2 The values stated in inch-pound unils arc to bc regardcd
as ihc srandard. The values givcn in parcnthcscs arc for
informatioil only.
1.3 This srnildard does not purpo~? lo uddrcss all of the
su$e[j* cot~cems, if (~ny, (rssociriled ~vifh its ICSC. It is the
rcsponsi6iiir)t of rlle mer of this sta~trtnrd ro cslnblish appro-
priate snfety und heulth practices utzd d~rerrnine ilre uppliccr-
hilit)' of regrtkfory lintitations prior to .use. For specific
precautionary stalcnlcrits, sw 7.3.2.
2. Referenced Docmnenls
2.1 ASTM Stcmda1.d~: '
D 543 Practices for Evaivating rhe Rcsistal~ce of Plastics to
Chanical Reagc~~ts
D 618 Test Method For Tensile Properlies d Plustics
D 790 Test Mathods for Fiexural Properties of Utlreinforced
mid Reinforced Plastics and Blectl-icnl Lsulafing Materials
D 903 Test Method ror Pccl or S~rippi~~p Stwngtlt of Adhe-
sive Bonds
I nit\ prsclicc is under the jurisdiction of ASTM Cnmmittce PI7 on Piaslic
Piping Sys1ems and is the dinct responsibili of Suhmmike FF1.67 on
Trenchlcss Ploznic Pilffln~c Technolngy
Cbrmnr ulitiun ~ppro~d lune 1. 2Um. I'nblisl~ed Ipw 26in. Originully
appr~~nl In 1989. Last pnsinus tdirioll approvcli 2007 ns 1: 1216 - 07a.
>7hF r~ll~~?ng IBP(IIT has hcm puhlirl~cd un one or t11r ptclrnsm; Drivcr, 1:. T..
nnd Olron, M. R.. "Demonstcation of Sewer Rcltning hy ~hc Insi~urorm t'rowsb,
N~thhmnk, Illinnis," IiPA-600R-M-Oh4, Envimnmcntnl Prohwinl~ Agetsey, 1983.
la~zrertcd pdcs can ohtsin copies from the hvimnnrenral Proeaion Agency or
rmsn :t lwal u'ebnird library.
' bur rrlcrcnccd btm~QstLr, v~slt the ASThi ~'bsitc, w\k%asun.org. or
contlrn ASTM rusfon~er Scrvicc ar .icrvic&@asnn.olg. Far A~~rrrml Balk ojASTM
Srruulmd volumc in1bmrirsn. refm 10 lhc s\ilntblt's Dc%onir:nl Sl~mnlnry page on
tho ASTM wbsite.
D 1600 Ternlinolugy for Abbrevia~d Tenns Relating to
Plasrfcs
D 3839 Guide for Underground Jnsdlatio~~ of 'Fiberglass"
(Glass-FibeiRdilforcrd Thermosrttir~g-Resin) pip^
F 312 Terminology Relating to Plastic Piping Systen~s
' 2.2 AWII Stnnr1cu.d:
Manual on Clcnning and Lining Wnter Mains, M 28
2.3 NASSCO Standnrd:
Reco~mnended Sptcifications for Scwcr Collection System
Rehabilitation
NUFE I-An ASTM spccilication for cud-in-place pipc marcrids
appmpriarc for use in this sinndnrd is tmdw prcpwalion and will be
refcenccd in this practice wiien published.
3. Terminology
3.1 Definirions are in accordance with Terminology F 412
and abbreviations arc in accordance with Terminology D 1600,
mrless othmsise specified.
3.2 Defi~iriotis of Terms Spccgc 10 This Standard:
3.2.1 cured-in-place pipe (CIPP)-a hollow cyli~lder con-
tidnillg R nonwoven Or n woven material, or a combination of
notlwovetr end woven material surrounded hy s cured ~hermo-
sctting min. Plastic coatings rany be ii~cludd. This pipc is
fonned within ail exisling pipc. Therefme, it takes the skipipe of
mid fils lightly to the existing pipe.
3.22 in11er~ir)n-the process of turning the resin-
impregnated tube inside out by fie use of watmpressm or uir
pressure.
3.2.3 lift--a portion of thc CIPP that hiis cured in 3 position
such that it has pulled away fmm the existing pipe wall.
4. Significance- and Usc
4.1 This practice is for use by designem and specifiers,
regulatolly aget-ies, owners, and inspection oqanizations who
we involved in the rchsbiiitation of conduits througll ihe use of
a resin-impregnated tube inverted through the misting conduit.
As for xny practice, modificntioi~s may be required for specific
job conditions.
'' Avitilablc Irom Am~!ricon Wnter\Ycuks ilssoshGon (AWVA), 6664 W, <)uincy
Am.. Dcnscr. CO 80735. ht~yJjwwa\w%.m~. ' Avnilnt~lc from thc Nxltund Asswic~tioti or Scwcr Scn.icc Compxn~m, 101
\\'~~uuorc Rd., Suim 501, AllamonD, Fl. 32714.
5. Materials
5.1 Tube-Tile tube should consist of one or more layers of
flexible needled felt or a11 equi~alent nonwoven or woven
material, or a combination of nonwoven and woven materials,
capable of carrying resin. withstanding ir~slsllation pressures
;llld curing tclnpcraturrs. The tttbe shottld he con~patible with
ihc resin system uscd. Thc material should be ithlle to stretch to
fit itregular pipe sectiolls and negotiate bends. The outside
layer of rhe tube should be pIastic coat~:d with n ntatwial that
is compatible with the rcsin system used. The lube should be
Ihbricared to a sixe that. when installed. will tightly fi~ the
internal circumferel~ce and the la~sth of the original conduit.
Allowance should be made for circumferential stretching
during inversion.
5.2 Resin-A general purpose, unsaturated, styrene-based.
thermoset resin and catalyst system or an epoxy resin and
11;lldcncr tlsit is compatiblc with the inversioi~ process should
hc used. Tire resin must he able to curt: in the presence of water
and the initiation temperamix for cure should be less than
180% (82.7,"C). The CIPP systcm can he expected ro have as
n mnis~irnum the inidl struclu~.al properties given in Table I.
These physical strength properties slto~~ld be determined in
accordance with Section 8.
6. Desiy Considernfions
6. l C;rncrnl Gtrid~lincs--The desipl thickness ol' !he ClPP
16 largdy a function of the col~diti~m of tht: existing pipe.
Design equations and details are ~~VCII in Appendix XI.
7.1 Cieuniry curd Insp~ctiott:
7.1.1 Prior to enitring access arcits such as tnnnholcs, and
pcrrorming inspection 01 cleaning operations, an ovalaation of
the atmnospk~-c to determine the presew't: of toxic or Rm~mablc
vapors or lack of oxygwl must bc undcctnkcn in accordance
with local. stiitc. or ftdcwl safcty rcgctiations.
7.1.2 Chmrilrg of Pipelitie-All intcrnal dcblis sllould bc
rcn~ovcd from the original pipdinc, Gravity pipes should bc
clcaned wirh l~ydraulically powarcd cquipmcnt, Iugh-velbcity
jet cleaners. or rncchanicaily powcrecl cquipmct~t (see
NASSCO Recommcl~dcd Specifications for Scwcr CoIlaction
System Ret~abilitatiun). Frcssurc pipelines sllotlld be cleaned
with cable-nttacllcd deviccs or fluid-propcllcd dcvices as
shown in AWWA Wnnual on Clciu~ing and Lining Watcr
Mains, M 28.
7.1.3 Ins]?rcfion of Pipelirtes-Inspection of pipelines
should be pcrfornlcd by ccxpct.icnwd pa?ionncl trained in
TABLE 1 CIPP Initial Structural PropertiesA
Minimum Value
Pranerlv Test Method ~61 (MPa)
Fiexuiiisknglh 0 790 4 500 (31)
Rexural modfflus D 790 250 000 (t 724)
Tcnsilc slronglh (for D 638 3 000 (21)
prensure pines
locating brcaks. obstacles, and service conncctions by closed-
circuit television or man entry. The ir~terior' of the pipeline
should be carefully inspcctcd to detcmune thc location of 1x1~
conditions thaI may prevent proper instaliation of the imprep
nated tube, such as protruding service taps, collapsed nor
crushed pipe, md reductions in tlle cross-sectional area of more
tl~an W %. 711s~ condilions should be noted st1 that t11ey cru~
be corrected,
7J.4 Line Oh~rttcrions-The original piydine should bc
clear of obstnictions such as solids. dropped joints. prot~uding
senpice connections, crushed or collapsed pipe, and redactions
in the cross-sectional area of more than 40 5% tliar will prt:wrent
the insertion of the resin-irnplegnated tube. If inspection
meals an oh~~rction that cannot he rcnroved by conventional
sewer cleani~~g equipnlcnt, then a poinl repair excavation
should be made to uncover and remove or repair the obstmc-
Lbl.
7.2 Resin Impregnatio~r-Tile tube should be vacuum-
iinptegnaled with resin (wet-oul) urlder coirtrolled conditions.
The volume orresin used should be sufticienr to fill all voids in
the tubc tnaterial at nominal thickness and diameter. The
volume should be adjusted by adding 5 to 10 %J excess resin for
the change in rcsin volume due to polymerization and to ~llow
for any migration of ,%sin inlo the cracks and joinrs in the
original pipe.
7.3 Byprcssitrg-Tf bypassing of ths Row is required around
tilt: sections of pipe designatell for recoowruclion, the bypass
should bc madc try plugging the line ut n point rrpstream of the
pipe to be reconstructed and pumling tile Row lo a downstream
point or aqacent system. The puny and bypass lines should be
of adequate capacity and size to l~andle the flow. Senficxs
within this rcach will bc temporarily out ol' service.
7.3.1 Public advisory scrvices will bc required to notify all
partics whosc service laterals will be out of canmissio~z and to
advisr: against wafer usagcunlil the ~nainlinc is kck in SCI-vice.
7 A Invr~~ion:
7.4.1 Using Hydrostatic fleud-The wet-out tube should be
inserted through an existing tnanhoie or other approved access
by means of olt invcrsioti process and the appIication of a
I~ydroslntic head suificieni to fully extend it to the next
designated manhole or tenninaticsn point. The tube should be
inserted into the vertical inversion standpipe will1 the irnper-
ineable plastic membrane side out. A1 the lower end of thc
inversion smdpipe, the tube should be ri~nled inside out and
attached to thc standpipe so that a leakpmo!'srai is created. The
invetsjo~r head should be adjusted to be of sufEcieni height 10
cnusc thc impregnated tube lo invcrn front point of inversion to
poinl of termination and hold the lube tight to the pipe wall.
producii~g dimples at side connectior~s. Care should be taken
during the inversion so as not lo over-stress the felt fiber.
74.1.1 An alternative n~etl~od of installation is a top i~rvcr-
sion. Tn this case, the tuhc is attached to a top ring and is
i~~oertcd to form a standpipe from the tube itsdf or attother
mclhod nccepled by the engineer.
Ncri~ 2-The 1 he niai~ufaclut~r should provide i~tfanniltiol\ on Ule
u~sximum allownblc tensile slms for tlut tubc.
only)
"The values in T'le 3 are for tie# inspealon. Tho purchaser should consult 1he 7.4.2 Using Air P~essl(re-Th~ Wa-out tube sho~ld be
mana~acturer for the long-tm slruclural properttss inserted through an existing tnanholt or orher approved access
by mmns of lu~ jnsersion process and the application of air
pressme fiuificirnt lo fuliy cxlend il LO the next designated
manl~olc or terininalion pt~int. The lrtbc should be co~~ticcicd by
attachment at the upper end of the guide chute so that a
leakproof seal is created rind with the in~pemeiible plastic
membranes side out. As Lhe lube eniers the guide chute, ale
tube should be mmcd inside out. The inversion air p1.essur.e
should be adjusted to he of sufiicient przsslire to cause the
in~pregnaied lube lo inveri [ram point of inversion to point of
termination aid hold the lube light to the pipe wall, producing
dimples at side connecdms. Care should he taken daring the
illv&sioti so as not lo overslress tile woven and ~~on~voiten
materials.
NOTE 3-W&g: Sviwblc prccnmions should be tnkm to ctiminarc
htlh 10 personnel in the proximity of the cunsrnlcdon when pressu~i-ad
air IS bci~lg use.
7.4.3 Required Pre,~strres-Before the inversion begins, the
tube nlanufocturer shall provide rl~c niinin~um pressun: re-
quiird to hold thc nlhc tight against the existittg conduit, and
the maxi~nurn allowable-pressure so as not Lo damage !he lube.
Once the itlversion bas started, the pressure shall be nlaiintaincd
hetweee the minimum and maximum pressures until [he
inversi~n has been covlpleted.
7.5 Luhricani-Tl~c usc of a lubricant during invcrsion is
rccon~rncildcd to rcducc friction during invcrsion. This lubri-
cant should be poured inlo the invenion watcr in the dawntubc
or applied dircctly to thc tuhc. Thc lubricant uscd should ba n
no~itoxic, oil-bascd product that ha\ no dctrimcnld C~FCCL. 011
the wbc or boiler and pump sysrcm. will not suppon ~IIC growth
of bnctcrin, and will not adversely affect the nuid to be
nan,sportcd.
7.6 Curi~~g:
7.6.1 Using Circlrl~rfing Hac~led Wafer- After jnversion is
cotnpl~cd, a suilable heal sora'cc and walw recir~lrlatio~l
equipment are required to circulate heated wate~.throughout the
pip. The cqlupnwnt shouId be capable of delivering hot water
throughout the seclion to uniforn11y raise the water tempeiatuTe
obove thr temperature requiwd to cffml a clire of the rcsin.
Water temperature iu the linc during the cure period sltould be
as recommended by the resin manufacturer.
7.6.1.1 The heat so\~m should bc fitted with suitable
i~loniton to gage thc tcntpcrnlure of the incoming md outgoing
water supply. Another such gage should be placed bctu~cen the
impsgnated tube and the pipc inverl at the tennillation to
deten~inc tbe tcmlxrnturcs duiing cure.
7.6.1.2 Initial cure will occur during rempemme heat-up
nlld is completed whcn wposed portions of the new pipe
appear to be hard and sound and the remote tentperamre sensor
indicates tlmt the temperature is of a magnitude lo realize on
exotherm ar cure in the resin. After initial cure is reached, Lhe
temperanm should be raised to thc post-cmc lenrperaturc
recommended by the resin manufucrurer. The past-CUR tem-
penton. should be hdd for a period as recommended by the
resin manufacturer. during which tiine the recirculation of the
warcr and cycIing of ale boiler to mnititaia the temperature
continues. The r31ring of the CIPP must take into account the
existing pipc material. 11ic vesin system, and ground canditiotls
(temperawre, moisture level, and thermal co~tduclivity of soil).
7.6.2 Usiug Siennz-After iinversioii is completed, suitable
steam-generaring eqiipnlcnt is required to disuibute steam
throu&oul the pipe. Thc equipment should he capable of
delivering steam rhro~~ghout the section to unifom~ly raise the
temperature ~itllin the pipe above he ienlpwiwre required to
effect a cure of the resin. The Ieinperature iu the line du~ing the
cure period should be as recommended by the resin manufac-
turer.
7.6.2.1 The steam-generating cquipment should be fitted
with a s~~itablc monitor to gage the Ienlpcmturc of the outgoing
steam. The tenlpemture of the resin being cured should be
monitored by placing .gas= between the impregxttcd tube and
the existing pipe at both ends to detcnnine the temperature.
during cim.
7.6.2.2 Tnitial cure will occur during tenlperature heat-up
and is comnpleted when exposed portions of the new pipe
appear to be hard aud sound and the renlotc tenlporature sensor
indicates thal the temperalure is of a ulagniiudc to realize an
exothwn or cum in the resin. After initial cure is reached, rhe
teinperatitre should bc raised Lo post-cure tenlpemtures recom-
mended by the resin manufacnlrcr. The post-cut0 temperalilre
sl~oilld be hdd for a period as recomineuded by Ihe resin
manufaetu~r. during which time the distlibution and control of
steam to mainti:'n the tempcrntnre coilh'nues. The curing of the
CIPP nlust take into account thc existing pipe material, the
resin system, and ground conditions (lemperature. nloisture
level, and thermal conductivjty of soil).
7.63 Requited Press~cres-As required by the purchase
agreement. the estimated maximu~n and nlinin~u~n Teasure
required to hold the Rexihie mbc right rgainsi the existing
cm~duit during tl~c cu~ing process should he pmvided by the
sel1ar and shall be increased to include considerntion of thc
catenla1 gro~nd water, if plcscnt, Once tilt CUR has started and
dimpling for laterals is complctcd, thc required prcssarcs
should be maii~tnined until the cute has l~ccn cnmpicted. For
wcrtcr or steam, the pressu1-c sl~ould hc mailitaincd within the
cdmatcd maximum and minimum pressure during the curing
prclccss. If lhc stenrn prcssurr or hydlrrstutic hcad drops hclow
thc reco~nmcndcd minimum during the cure, the CTPP should
bc inspecled for Iiks or detaminations and cvaluntcd far its
ability to fully mect the applicahlc rcquinrncnts of 7.8 and
Section 8.
7.7 Cool-Down:
7.7.1 Using Cad Water After Henfed Water Cure-The ncw
pipe should be coded to a temperature below 100°F 08OC)
hcforc relieving the static head in the in~:crsion standpipe.
Cool-donm inay be accomplished by ibe introduction or cool
water into the inversion standpipe to ~cplace water being
draineil from a stnail hole made in the downstream cnd. Cm
should be talicn in the release of the static head so that a
vacuum will not be developed that could dwmage the newly
insta'led pipe.
7.7.2 Using Cwl Wnler A.er Stm Cure- The new pipe
should he cooled to u Lemperature below 113°F (45°C) brfore
nlicving t11e inbnls) prmsllre within hc seclicn~. Cool-down
~wiy be accomplished by ~hr ii~trocluctiok~ or cool waier ink the
scclion to replace klre nlixlure at' air luld steam heing drained
I'roin a sn~afl halc made in the dt~wnslream end. Care should be
(nkct~ in the rcl.elea~e of the air prcssure so tha~ a vacuum will not of water or 4.3 psi (29.7 kPA) and thc wutcr lcvd inside of rhr.
be developed that could damage the newly installed pipe. inversion standpipe sho~~ld he 2 ft (0.6 m) higher than (he top
7.8 \Vori,7nanshipThc finishdd pipe should be cor~tinuous of the pipc or2 fi Ilighcr than Ihe groundwntcr level, wl~icl~ever
over the entire le11gt.h of an inversion run nntl be free of dry is greaer. The leakage quantity should Lie gaged hy rhe water
spots, lifts, and dctarninations, If these con~lirions are present, level in a tenlpomq standpipe placed in the upsttean~ plug. The
remove and ~ulace the ClPP in these areas. rest should be conducted for a minin~am of one hour.
7.8.1 If the CTPP~O~S not fit tightly agaiainsl the original pipe
at its termination point(s1, the space between ithe pipes should
be sealed by filling with a resin mixture con~patible with the
CIPP.
7.9 Scr.rlice Connection,r-After t11c new pipe ha been
cured in place. tlie rxisting active service connections should
bc rcconnectcd. This should gcnorally tK: done without excs-
va~ion, and in the case of non-man eilg pipes, from the
iotel-ior of the pipelinc by inearls of a devision canicra and a
remote-coutrol cutting device.
8. Inspection Practices
8.1 For eaclt in\lcrsion length designarcd by the owner in the
contract docutnerlts or purchase order, he prepnration of two
ClPP san~ples is rcquirerl, mle from cnch of the following two
methods:
8.1.1 The saniplc should be cut from a section of cured
CIPP at ;in intermediate ~natlhole or at Lfie tenninalion point
that 11as been invcrled through a like dianletcr pipe which has
been held in place by a suitable heat sink. such as sandbags.
8.1.2 The smnple should be fabricated liom materinl taken
l'ron~ [be tuba and the rcsintca~lyst system used and cured in
a damped mold pIaced in tll: downtube wl~cn circulating
heated water is used and in the silencer when stem is wed.
8.1.3 ?he samples for each d' rhese cascs shot~ld bc large
znr111gh to provide a nlinimum of three specime~ls and a
trcommcnded five spcciine~a ror fiexural resting also for
tensile testing, if applicable. The fallawing test procedrues
should be ft)llo\vcd after thc sample is ctlred and removed.
8.1 3.1 Si~prl-Tenn Floxrrrd fI3ertdin.q) Properties-The ini-
tial tange~d flexural n~oddus of elasticity and flexural slTess
should he measitred for gnvity and pressure pipe applications
in accordaucc with Test Metbods D 790 and should meet the
requirements of Ttihle 1.
8.1.3.2 Sbsile Properlios--The tensile smngth should be
nleasured for pressure pipe applications in accordance with
Test Method D 638 and must meet the wquiremcnts of Table 1.
8.2 Gravity Pipe Lectkafie ring--If required by the owner
in the conlract docu~nenls or purchase order. pvjty pipas
should be tested asi~ig an axfilvatioll test method where the
CIPP is plugged at botli ends and filled wit11 woter. This test
st~ould lakc ptace dtcr tthc CIPP Ira cooled duwn to ambient
temperature. This test is limited LO pipe lengths with no service
laterals and dianieters of 36 in. or lcss. The allowable wier
exfiltration for any length of pipe bctwcen termination points
should ;lot exceed 50 U.S. gallons per inch of internal pipe
dianetcr per tnilc pcr day. providing Lhnr all air ha.. been bled
from the line. During exfiltratio~l testing. the maximum intenlal
pipe pressure at the lowc$i cnti slrould not cxcecd ID fi (3.0 111)
Ntm 4-11 is impnctical lo icsr pipes ahovc 36-in. diztmcter inr
Iealiage due ro Ilie technology available in {Ire ~npe rellabiliradon intiustry.
Post inspectiott of larger pipes will dctccl major leaks or blockages.
8.3 Press~ue Pipe Tming-If requil.ed by the owaer in tire
contract documents or purchase order, pressure pipes should be
suhjcclcd to a liydrclstatic pressurc test. A recorn~nctldcd
pressure and leakage tat woulcl be at twice the known workin&
pressure or at the working pressure plus 50 psi, whichever is
less. Hold this pressure for a period of two to three hours to
allow for stabilization of the CTPP. After this period, the
pressure test will begin for a minimum of one hour. The
allowable leakage during thc presssure test should be 20 U.S.
gallons per inch ol internal pipe diameter per mile per day,
providing that all air has hccn evncuated fram the line prior to
tcslicg and the CIPP has cooled down to ~mbicnl tcmpera1rn.c.
Ntm 5--The allnwable leakage for gravity and pressure pipe tescing is
n function or water loss at the end seals and {rapped air in [he pipe.
8,4 Delaminatiort Test-If required by the owner in the
colttract documeals or put~kas~ order, :r, clelamit~don Lest
shouId be pcrionned on acccl~ invcrsiorl length spet.ifred. Thc
CIPP samples should bc prepared in accorrlancc with 8.1.2,
except that u porticjn of Ulc Lube materi-dl in Ulc samplc slto~~llid
be d~y and isolated from Il~e resin in order to separate tube
layers or testing. (Ct)nsull lhz tnbc ~nnn~~ilicwrcr for' further
inSo1n1ation.) Ddan~inalion testing shaU hc in accordance with
Test Meillod D 903, with tlic following ence.ptions:
84.1 The [-ate of bxvri of the power-scruald grip shall be
I in. (35 mmj/min.
8.4.2 Five ~cst 8pccinrens shall be taxed for each inversion
specitied.
8.4.3 The tl~ickness of !he tost specimen shall hc minimized.
bu~ should bc sullicien~ lo adequately &st. delamination of
nonltomogcneous CIPP layers.
8.5 Tiic pad or stripping strength between any nonhon~o-
gerlcous layers oS the CTPP lan~inate should he ti minirn~lm of
10 Ibiin. (1'78.60 glnlm) ol'width for typical CIPP applications.
Ntm LTlic pore11accr mag dosip~iatc the dissimilar laycrs hctwccn
which the delarnii~ation lest will bc co~ult~ctcd
Nim 7--P01' additional ddclaik w conducting the deknlinalion test,
contact the CIPP contracloc
8.6 hlspection find Accrprfince-The installation may bc
inspected i*isually if appn~priare. or by ciosed-circuit television
if visud inspeclion cannot be acco~nplished. Variations from
true line iind grade may be inherent hecause of the conditions
of the otiginal $ping. No in1ilrmtitw of groundwater shourd be
nhsen2ed. All service entmncts should be accounted for and be
unobstructed.
XI. 1 Terminology:
XI. 1.1 purtirrliy drterior(tref1 pip-the origind pipe call
support tho soil rind surcharge loads thmughout the design life
of the rehabilitated pipe. The soil diacent to the existing pipe
must prnvide adequate side suppo~z. The pipc may have
lmtgitudinal cracks and up to 10.0% distortion of the diamctcr.
If thc distortion of tho diamcicr is grcalcr thin1 10.0%1,
altemative desigtr mahods arc rcquimd (scc Notc 7).
X 1.1.2 fully c~ercriorufed pipe-IIIC original pipc is not
structusaliy sound nnd cansoc suppor'l soil and livc: loads or is
cxpectcd to rcach this condition ovcr thc design life of thc
rehabilitated pipc. This mndition is evident whcn scctioils nf
the origind pipc arc missing, the pip has lost its 01-iginal
shape, or the pipc has conndcd duc to fl~c cffccts of the fluid,
atmosphcre, soif, or npplicd lodr;.
X1.2 Gruvi? Pipe:
XI .2.1 Purtidlty T)~zt~ri~~rt~icd Gmvit)* Pipr Condiliun-The
CIPP is designed to support cl~c hydwulic loads due to
groundwater, since the soil and surcha~xe loads can he sup-
ported by the original pipc. The gro~~ndwatcr level should be
deremined $ the purchaser and the thickness of tile CIPP
should be suficient to wifhsland rhis hydrostatic ~~~~~~~c
without conapsing. The following equation my he used to
dctcrmine thc thickness requimck
2K4, 1 C p=.-.-.-
.(I - 11') (DR - I? ff
where:
P = groundwater load. pi (MPn), mcnsurcd fmm rhc
invert of thc pipc
K = enhancement factor of the ad1 and existing pipe
ndjacenl to the new pipe (a minilnun1 value of 7.0 is
n:comncntled whcrt ll~erc is full supporl of tile
existillg pipe).
E,. = long-[arm (time co~rected) wodulu?: of dasticity for
CiPP, psi (MPa) (see Notc X 1. I),
v = Poisson's ratio (0.3 average),
DR = dirncnsion ratio of CIPP,
C = ovalily reduction factor =
.A F percentage ovality of original pipe =
V = factor of snfely.
NUE X1 ,I--The choicc of value (from mnnufae~urer's lircrature) of 4.
will depend on the estimated dirra~ion of the appliwiw or the load. P, in
rcinlion to the drsip life of rl~ structure. For exa~nplc, if thc totid du~~alim
or the load, P. is cstimaicd to be 50 years, oilher conlinuouslv noplied, or - .-
~hc sum or intcnninera pcriods of 40nbing, ihc approprialely conservnliw
choice orvalue for Er will be thnt given for 50 years of continuous loadinn
ar ilre maxirnurn or noid t&npenum: cxpecid 10 he reached ovw
tire ICc of rhe suucture.
Nm! XI ;2-If there is no groundwater above the pipe invert, the ClPP
should (y$cally have a mnxbmrm 3DR d 100. dependent upon dcsign
cnnditionx.
X1.2.1 .I li' the original pipe is oval, Uu: CIPP dcsign from
Eq X1.1 shall have a lninilnum 111icknrss as calculated by the
rollowing fonnuta:
wherc:
a, = lorrg-term (time conectcd) flexural stre~~grh for CIPP.
psi (see Note X1 .s).
X1.2.1.1- See Table XI -1 for typical dcsign caiculaiions.
X 1.22 Fully Deforio~alcd Gruvify Pipe Canditiun-Tire
ClPP is designed to support hydraulic. soil. and livc loads. The
groundwater level, soil rype and depth, atid live load should be
determined by the purchaser, and he following equation
should bc used to ci~lculate the CIPP thickt~ess required to
withstand lbese loads without collapsing:
TABLE X1.l Maximum Groundwater Loads tor Partially
Deterlorated Gravity Pba Condlffon
Diameter, In.
tinside
Dlarneter of
Original Pipe1
8
10
12
15
18
111
L.
24
90
.an
Nominal ClPP
Thickness,
mm
6
CIPP
Wiess,
i. In.
Maximum Allowable Gmunb
water LoadA (above Inverl)
It m
*~ssumes K= 7.0, E= 125 000 psi (862 MPa) (50-yeer strength), Y = 0.30, C
= 0.64 (5 % wality), and N r 2-0
where:
q, = totd external pressure on pipe, psi (MP4,
= 0.333HW,+ wHRJ144 + W,, (English Units).
D.OL19XlH,,+ wNR,IIOOO + W,, (Metric Uoits)
R,. = watcr bunya~icy fttclor (0.67 min) = 1 - 0.33 (
H\im,
= soil density, J~.sL~(Kw~I'),
W, = live load. psi (Mpa),
H,, = height of water above top of pipe, fl Iml
H = hciglic of soil above lop of pipe, ft (m),
R' = coeflicient of elastic support = 141 3 4c-0.Ms'i)
inch-pound units, (1/(1 + 4e-"""H) S1 units
I = moment of inertia of CIPP, in,*lin. (mn~~/nimn) =
?/I 2,
t = (hicklless of CIPP, in. (n~m),
C = ovality adtiction factc~r iscc XI.?. 1 ),
N = haor of safety,
E' , = lnodulus of soil rcaclion, psi (MPa) (see Norc X1.4).
E,. = laig-term modulus of clustidty for CIPP, psi (MPa),
irlld
I) = luai insidc dianrctcr ool oi~ginal pipe, in. (mtn)
X1.2.2.1 The CIPP desigli fi.onl Eq X1.3 should have a
~nini~num tllickticss as calculated by the follo~ing forn~ulic
whcrc:
E = initial modulus of di~sridty. psi (MPa)
Nm X1.3-For pipelines at depth not s\rbjcct to consmn~ctio~~ disrur-
bancc, or if the piplinc was originnlly installed using tunileliq method,
tbc soil load may be calcula\cd using a ~nncl load nnnlysir;. Finitcclcrrtent
analysis is an altcmntise dcsign method Tor noocirculw pip%.
Nn~r. X1.4-For definition of nrodulus of soil teaction. se8 Pracricc:
n 3839.
X1.2.2.2 The mininluln CIPP design lhickncss for a fully
deteriorated condition should also incet tile requircn~cnts of Eq
X1.l and X1.2.
at the cdgc and subjected to transverse pressure only. In this
case, Eq XI .6 is used for design. For holes larger Utan the dD
value in Eq XIS, the liner cannoi bc considered in flat plate
loadii~g, bur rather in ring tension or hoop stress, and Eq X1.7
is used.
w l1cre:
d = diameter of hole or opening in originill pipe wail, in.
(mnl).
D = mean insidc din~ncw of original pipe, in. (ram). and
t = thick~r&s of CIPP. in. (nun).
wilere:
OR = dimt~~sion ratio of CTPP,
D = mean inside diameter of original pipe, in. (mm),
d = diameter of hole or opening in original pipe wall, in.
(mm),
u, = lo1ig.-term (he cotrected) fiexuril stre~igth for CIPP,
psi (h4Pn) (see &re Xl.51, and
M = factor af safety.
NI~T XI 5-The et~oicc ol value (from manuf~ciuwr's lilcraturc) of n,
will depend on tl~e cstiniamed duration oitilc applicatiou of 111e load. P, in
rcIallon to rhc designlirc ofthe slrl~cttwe, For exan~plc, if he t;ttal duration
of the load, P. is estintarrd lo bc 50 pars. cithw conlinuously applied, or
thc sum or in~crmiuent prioris of luading. tlrr: cippropnntcly conso~ativc
ch~>ice of value of cr ,. will be lhnl given fur 50 years of continuous loading
at the mrurimun grour~d or fluid tenlpeintutc expectccl rc~ be rcachcd over
ihe life of the sructure.
X1.3.1 F~ilfy Defcriorat~d P~CPSIIW Pipe Condition-A
CIPP to be iustatled in rtll underground condition is designed to
withstand aI1 cx~ernal loads and the full intcrnd pressure. The
clbsign thicknesses are calculated from Eq X1.l. Eq Xl.3, Eq
XI .4. and Eq XI .7, and the largost thickness is selected. If the
pipe is above ground, tire CIPP is desiged 10 withstand
iuternsl pressure only by using Eq X 1.7.
X 1.3 Pressure Pipe: wliere:
P = internal pressure, psi (MPa). X 1 -3.1 I?clm'nlly Deteriornterl Yresvurr Coiiditinn-A CiPP u, = lo~iglcm (linw co~~ccicd) tensile strength rcw CIPP. irlstdled ill an existing ui~dergrouud pipe ip desisigned to sttpport psi WPa) (see Note 12).
exicrnal hydrostatic loads due to groundwater as well as DR = dirncllsion of CpP, and
willlsHnd rile in~ernal pressure in spdi~ning across my holes in = pdctOr or safe,Y,
the original pipe wall. The results of Eq X1.l are conipared to
those fronl Xl.6 or Eq X1.7, as directed by Eq X1.5, and
fie f;ugest of Ule rllicbesses is selectc&. 111 above-gr~und N(ntXX1.6-The choice of value (iiun~ manufncrurer's iitc~aluw) oi'
desiP cc,ndition. the ~~pp is desigtled to u,jtils,ar,d the intemd urn. will dcwnd on rhc estimarrd don~tion ol'thc apl~ticaliort of che laad.
P. in relati011 to rhe rlesisn lire of de structure. For exumple, if the toral pxss~uc only by using Eq X1.5-X1.7 as applicable. duratiol~ of the load. P. is uslimatcd to hc SD yaws, either continuously
X1.3. I .I If the ratio of the llofe in llle originat pipe Io ,,plied. or rhe sum of intennitlenl periods of loading, Iht appmpriately
the pipe diameter docs not exceed thc quantig sh0~'n ill % conservative choicc of valuc of tr ,,, \<*ill he that givcn for 50 ycnrs ol
X1.5, then the CIPP is wsun~ed to be a circular flilt plate fixed continrrous loading nr the maximsm ground or fluitl [empemturc cxpccted
to Iyc reached over cht life of thc srruauw. filo~c XI I-TaMc XI. I pmentr maximurn prou~du~ntcr loads for
paninlly deleriofiited pipes Tor sdccled ~ypimi nonunal pipc sizes. CIPP is
X 1.4 - Ne@llc Presslrre-~~cr~ tile pipe is subjcci to a ,torn made to fit the original pipr and can he bbricnred to a unriety of
\Iacuum, the Cm should be designed as a @Tivity pipt: with the si-zes from 4 to 964". dimeler which wonid he i~npmcticd to list hem.
external hydi-oslatic pressure increased by an aniounl equal to
the negative pressure.
X3.1 Scooe: initinl flexural r~rcnglh and llexi~ral niodulus when tcstcd in
X2.f. 1 This appcndix covers the tcst procedt~res for accordance with ~ccjion 8 of this ptacticc.
che~nical-~sistnnce properlies of CIPP. Minirnurn stnndnrds X2.22 Tahlc X2.1 prcscnts a list of chetnical solutions that
scrve as a rccommendcd miiiimum requirement for the arc prcscntcd for staadiird donlcstic scwcr applica~ions. chemical-resistan: properties of CTPP in stwdard domestic
X2.2 P~ocedlrre for Clretnicnl-Resin Testing:
- -
salitary SCWC~ applications.
X2.2.3 For applicdons other ~han stmdsrd domestic scw-
X2.2.1 Cheniical resistance !cs:s sl~odd be cornplcled in age, it is rcconimendcd that chemical-lcsistance tests be
accol-dance with Practices D 543. Exposure should be for a conducted with ~~GIUXI samplcs al the fiuid fln~ing in the pipe.
minimum of o11e month at 73.4-F (23°C). Durillp !his period, Thcsc tests can also hc accnrnplislicd Ily depositing ClPP tcs?
the CIPP test specimens should lose no more than 20 % oftheir spt:cimens ill the active pipc.
TABLE X2.1 Minimum Chemical Resistance Requirements for
Dorneslic Sanitary Sewer Applicelions
Chemical SoJuflon ConcenIratton, %
Tep water @H 6.8) 100
NlMo add 5
Phosphoric acid 10
Sulfuric add 10
Gasoline 100
Vegetable oil 100
DeWgenl 0.1
WP 0.1
ASTM Infernatma/ lakes no postlion respecNng the va!rdily of any paten1 rigbls amdad In mnneclion wflh any Bern menfloned
.in Wis sfandard, Users of lbts standardam expIBSS&'Wvlsedihet determination of the vaUi1y of any such palent fighls. and le risk
.of mlrlngen~enf 01 sooh Iig1116, are enfire&! Ulerr own Ipsponsllbilily.
This siandard is sub/ed lo revision at any lime by the responsible iec'm&l commltlee and mmtbe reviswed every live years and
ifnotrevised, eIherreappmv8dor withdrawn. Your comments are invited eitherforrevI&n ofthis sfandardorforaddlhalstandam's
and should beaddressed lo ASTM InlemaW Headquarters. Yourmmmenk W recslve camtul considemInn at a rneeHng of Ihe
respomlbi~f id~nicai Mnrmiftea, cvfrkh you my allend, flyou fael lh& p~rrcommenfs have no! r808Iv8d a lair hearmg yw should
make ywr views know to Ihe ASTM CbmMee wr Slandafds, at the address shown below.
Tfak slantlard is co~righledbyASTh4 InIernaUonal, 100 BanHarborDrlve, PO Bau C7O, West Co~hohocfcen, PA 79428-2959,
Unfled States. tnoSviduat mpn& (sTngle or munip& cpples) of this standard may be obtamed by contacting ASTM ai the above
address or at 610-832-9585 (phone), 610.832-9555 (lax), or se~ce@asln?.org (0-nlaIl). or lhrovgh Ihe ASTM bvsbslle
~.aslm.org).
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title: I Resolution approving and authorizing the Mayor and City Clerk to execute Amendment No. 1 to the Lease I
I Agreement between the City and ECOMB, Inc., for use of 1,251 SF of the City-owned property located at 210
Second Street: said Amendment ~rovidina for a new reimbursement fee of water and sewer costs. I
Key Intended Outcome Supported:
I Increase resident satisfaction with the level of services and facilities. I
Supporting Data (Surveys, Environmental Scan, etc.):
Approximately 40% of retail businesses surveyed, rank Miami Beach as one of the best places to do business
and 61 % of the same group would recommend Miami Beach as a place to do business.
Issue: I Shall the City Commission approve Amendment No. 1 to the Lease Agreement? 1
Item Summary1Recommendation: I On December 9,2009, the Mayor and City Commission adopted Resolution No. 2009-27283, approving a Lease 1
Agreement between the City of Miami Beach (City) and ECOMB, Inc. (ECOMB) for use of approximately 1,251
square feet of City-owned property. The approved Lease Agreement was for an initial term of three years and
sixteen days, commencing on December 15,2009, with one additional three year renewal term at the City's sole
discretion.
The current Lease Agreement requires ECOMB to pay Rent, in the amount of $1.20 annually, as well as requires
ECOMB to reimburse the City a flat fee for water and sewer costs, in the amount $200.00 per month. ECOMB
requested an amendment to its current Lease Agreement to address the flat fee for water and sewer. In response
to ECOMB's request, staff has reviewed ECOMB's water and sewer costs and determined that ECOMB's
consumption appears to be less than the costs previously estimated for lease negotiation purposes.
At its October 14,2010 meeting, the Finance & Citywide Projects Committee discussed ECOMB's request and
recommended reducing the monthly flat fee reimbursement amount to $61.74, and also recommended that the
Lease Agreement be amended to reflect the reduced reimbursement cost.
Advisory Board Recommendation: I Finance & Citywide Projects Committee: October 14, 2010
Financial Information:
Source of Funds: Amount Account
n/a 1 nla
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
( Anna Parekh, extension 7193
Sign-Offs: I Anna Parekh, Department I Hilda M. Fernandez, Assistant City I Jorge M. Gonzalez, City I
T:\AGENDA\201O\October 27\Consent\ECOMB Amendment 1 .SUM.doc
MIAMIBEACH AGENDA fTEM C7M
DATE 10-2 7- 6c7
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
bers of the City Commission
DATE: October 27, 201 0
SUBJECr: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI
BEACH, FLORIDA, APPROVING AN AMENDMENT NO. 1 TO THAT CERTAIN LEASE
AGREEMENT BY AND BETWEEN THE ClTY AND ECOMB, INC., DATED DECEMBER
9, 2009, FOR THE LEASE OF APPROXIMATELY 1,251 SQUARE FEET OF CITY-
OWNED PROPERTY, LOCATED AT 210 SECOND STREET, MIAMI BEACH, FLORIDA;
SAID AMENDMENT PROVIDING FOR A NEW REIMBURSEMENT FEE OF WATER
AND SEWER COSTS; FURTHER AUTHORIZING THE MAYOR AND ClTY CLERK TO
EXECUTE THE AMENDMENT
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
Increase resident satisfaction with the level of services and facilities.
BACKGROUND
On December 9, 2009, the Mayor and City Commission adopted Resolution No. 2009-27283,
approving a Lease Agreement between the City of Miami Beach (City) and ECOMB, Inc. (ECOMB)
for use of approximately 1,251 square feet (comprised of 210 SF of office space and 1041 SF of
exterior covered space) of City-owned property (the Demised Premises), located at 210 Second
Street, Miami Beach, Florida. The approved Lease Agreement was for an initial term of three years
and sixteen days, commencing on December 15,2009, with one additional three year renewal term
at the City's sole discretion.
The current Lease Agreement requires ECOMB to pay Rent, in the amount of $1.20 annually, as
well as requires ECOMB to reimburse the City a flat fee for water and sewer costs, in the amount
$200.00 per month. Additionally, ECOMB is solely responsible for the payment of electricity costs
and any other utility service charges provided to the Demised Premises.
ECOMB requested an amendment to its current Lease Agreement to address the flat fee for water
and sewer. On September 15,201 0, the Mayor and City Commission referred ECOMB's request to
the Finance and Citywide Projects Committee for discussion.
ANALYSIS
The flat fee for water and sewer was calculated at the time of the lease negotiation, and was agreed
to by ECOMB. Because the Demised Premises was vacant at the time, and the Water and Sewer
service for the space to be leased by ECOMB was tied to the service for the adjacent dog park, this
flat fee was developed as a proportionate cost.
Commission Memorandum
ECOMB, Inc.
October 27, 201 0
Page 2 of 2
ECOMB recently informed the City that it believed it was paying more than its proportionate share of
costs for water and sewer, and requested that City staff look into the matter. In response to
ECOMB's request, staff has again reviewed ECOMB's water and sewer costs and determined that
ECOMB's consumption appears to be less than the costs previously estimated for lease negotiation
purposes.
Due to the fact that no dedicated water meter exists for the Demised Premises, for this new analysis
City staff utilized a national consumption average of 25 gallons per person per day (as determined
separately by the EPA and John Hopkins University) for water consumption calculations. ECOMB
presently has three employees. Utilizing that average resulted in calculations that ECOMB's
operations consume an estimated 2,281 gallons monthly. The City bills a minimum monthly water
service charge of $47.96 for any consumption up to 11,000 gallons. Additionally, the City charges a
sewer rate of $6.04 per every 1,000 gallons consumed, but does not have a minimum charge for
sewer service. Therefore, utilizing the estimated average monthly consumption of 2,281 gallons, at
the City's rate of $6.04 per every 1,000 gallons consumed, the monthly cost for sewer service would
be $1 3.78.
The $47.96 minimum charge for water combined with the $13.78 for sewer service based on
average use calculations results in a monthly estimated cost of $61.74. This would represent a
$138.26 monthly reduction in ECOMB's reimbursement costs to the City. In all other respects, the
Lease Agreement would remain unchanged.
In consideration of this information, the Administration requested that the Finance and Citywide
Projects Committee (F&CPC) review ECOMB's request. On September 15, 2010, the Mayor and
City Commission referred ECOMB's request tothe F&CPC for discussion.
CONCLUSION
At its October 14, 2010 meeting, the F&CPC recommended reducing ECOMB's monthly flat fee
reimbursement amount for water and sewer costs, and also recommended that the Lease
Agreement be amended to reflect said reduction. Language in the lease allows for the City to amend
this flat fee, as may be needed.
T:MGENDA\201 O\October 27\Consent\ECOMB Amendment 1 .MEM.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY
OF MlAMl BEACH, FLORIDA, APPROVING AN AMENDMENT NO. I TO
THAT CERTAIN LEASE AGREEMENT BY AND BETWEEN THE ClTY AND
ECOMB, INC., DATED DECEMBER 9, 2009, FOR THE LEASE OF
APPROXIMATELY 1,251 SQUARE FEET OF CITY-OWNED PROPERTY,
LOCATED AT 210 SECOND STREET, MlAMl BEACH, FLORIDA; SAID
AMENDMENT PROVIDING FOR A NEW REIMBURSEMENT FEE OF
WATER AND SEWER COSTS; FURTHER AUTHORIZING THE MAYOR
AND ClTY CLERK TO EXECUTE THE AMENDMENT
WHEREAS, on December 9, 2009, the Mayor and City Commission adopted
Resolution No. 2009-27283, approving a Lease Agreement between the City of Miami
Beach (City) and ECOMB, Inc. (ECOMB) for use of approximately 1,251 square feet of
City-owned property, located at 21 0 Second Street, Miami Beach, Florida; and
WHEREAS, the approved Lease Agreement was for an initial term of three years
and sixteen days, commencing on December 15, 2009, with one additional three year
renewal term at the City's sole discretion; and
WHEREAS, the Lease Agreement requires ECOMB to reimburse the City a
monthly flat fee for water and sewer costs; and
WHEREAS, ECOMB requested an amendment to its current Lease Agreement to
reduce the flat fee reimbursement amount for water and sewer costs; and
WHEREAS, in response to ECOMB's request, City staff reviewed the water and
sewer costs and determined that ECOMB's consumption appeared to be less than the
costs previously estimated for lease negotiation purposes; and
WHEREAS, on September 15, 2010, the Mayor and City Commission referred
ECOMB's request to the Finance and Citywide Projects Committee (F&CPC) for
discussion; and
WHEREAS, at its October 14,2010 meeting, the F&CPC recommended reducing
ECOMB's monthly flat fee reimbursement amount and also recommended that the Lease
Agreement be amended to reflect said reduction.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, that the Mayor and City
Commission hereby approve an Amendment No. 1 to that certain Lease Agreement by and
between the City and ECOMB, Inc., dated December 9, 2009, for the lease of
approximately 1,251 square feet of City-owned property, located at 21 0 Second Street,
Miami Beach, Florida; said Amendment providing for a new reimbursement fee of water
and sewer costs; further authorizing the Mayor and City Clerk to execute the Amendment.
PASSED AND ADOPTED THIS 27th day of October, 2010.
Attest:
Robert Parcher, CITY CLERK Matti Herrera Bower, MAYOR
F:\RHCD\$ALL\ECON\$ALL\ASSET\210-2ND STREETIECOMB AMENDMENT 1 .RES.DOC
APPROVED AS TO
FORM & LANGUAGE
AMENDMENT NO. 1
TO THAT CERTAIN LEASE AGREEMENT BETWEEN
CITY OF MIAMI BEACH, FLORIDA AND
ECOMB, INC.
THIS AMENDMENT NO. 1 TO THE LEASE AGREEMENT made this 27fh day of
October, 2010, and effective November 1, 2010 (the "Effective Date"), between the
CITY OF MIAMI BEACH, a municipal corporation of the State of Florida (hereinafter
called "City"), having its principal address at 1700 Convention Center Drive, Miami
Beach, Florida, 33139, and ECOMB, INC., a Florida not-for-profit corporation having its
principal address at 21 0 Second Street, Miami Beach, Florida 331 39 (hereinafter called
"Tenant").
WITNESSETH
WHEREAS, on December 9, 2009, the Mayor and City Commission adopted
Resolution No. 2009-27283, approving a Lease Agreement between the City of Miami
Beach (City) and ECOMB, Inc. (ECOMB) for use of approximately 1,251 square feet of
City-owned property, located at 210 Second Street, Miami Beach, Florida; and
WHEREAS, the approved Lease Agreement was for an initial term of three
years and sixteen days, commencing on December 15, 2009, with one additional three
year renewal term at the City's sole discretion; and
WHEREAS, the Lease Agreement requires ECOMB to reimburse the City a
monthly flat fee for water and sewer costs; and
WHEREAS, ECOMB requested an amendment to its current Lease Agreement
to reduce the flat fee reimbursement amount for water and sewer costs; and
WHEREAS, in response to ECOMB's request, City staff reviewed the water and
sewer costs and determined that ECOMB's consumption appeared to be less than the
costs previously estimated for lease negotiation purposes; and
WHEREAS, on September 15, 2010, the Mayor and City Commission referred
ECOMB's request to the Finance and Citywide Projects Committee (F&CPC) for
discussion; and
WHEREAS, at its October 14, 2010 meeting, the F&CPC recommended
reducing ECOMB's monthly flat fee reimbursement amount and also recommended that
the Lease Agreement be amended to reflect said reduction.
NOW THEREFORE, in consideration of the premises and the mutual covenants
and conditions herein contained and other good and valuable consideration, the receipt
and adequacy of which are hereby conclusively acknowledged, it is agreed by the
parties hereto to amend the Lease Agreement, as follows:
1. Section 13.6, entitled "Tenant's Responsibilities for Utilities" is amended as
follows (deleted language &%%h%w@ and inserted language underlined):
13.6 Tenant's Responsibilities for Utilities.
Tenant is solely responsible for and shall promptly pay when due all
charges for electricity, gas, cable, telephone, internet, janitorial garbage
service and any other utility service provided to the Demised Premises,
including, without limitation, all hook-up fees and impact fees.
Notwithstanding the preceding paragraph, Tenant agrees to reimburse the
City a flat fee for water and sewer costs, in the amount of
six& One Dollars and ~001100 ($-1.74) per month. The City
reserves the right, at its sole discretion, to adjust the monthly flat fee paid
by Tenant at any time during the Term, upon thirty (30) days prior written
notice to Tenant.
In addition to other rights and remedies hereinafter reserved to the City,
upon the failure of Tenant to pay for such utility services (as contemplated
in this Subsection 13.6) when due, the City may elect, at its sole
discretion, to pay same, whereby Tenant agrees to promptly reimburse the
City upon demand.
In no event, however, shall the City be liable, whether to Tenant or to third
parties, for an interruption or failure in the supply of any utilities or services
to the Demised Premises.
2. Except as amended hereby, the Lease Agreement remains in full force and effect
and is reconfirmed for all purposes.
3. This Amendment No. 1 to the Lease Agreement may be executed in counterparts
and facsimile signatures are as effective as an original signature and constitute
valid delivery thereof.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, the parties hereto have caused their names to be
signed and their seals to be affixed, all as of the day and year first above written,
indicating their agreement.
Attest: CITY OF MIAMI BEACH, FLORIDA
Robert Parcher, CITY CLERK Matti Herrera Bower, MAYOR
Attest: ECOMB, INC.
Signature Signature
(Print Name & Title) (print Name & Title)
CORPORATE SEAL
(affix seal here)
APPROVED AS TO
FORM & LANGUAGE
-& FOR EXECUTION
F:\RHCD\$ALL\ECON\$ALL\ASSETPl O-2nd Street\ECOMB Amendment 1 .FINAL.doc
COMMISSION ITEM SUMMARY
Condensed Title:
Resolution approving and authorizing the Mayor and City Clerk to execute Amendment No. 1 to the
Lease Agreement between the City andMiami Beach Film Society, Inc., for use of 2,523 SF of City-
owned property located at 1 130 Washington Avenue, 1'' Floor South; said Amendment providing for
an additional five (5) month rent abatement.
Key Intended Outcome Supported:
Increase resident satisfaction with the level of services and facilities.
Supporting Data (Surveys, Environmental Scan, etc.):
Approximately 40% of retail businesses surveyed, rank Miami Beach as one of the best places to do
business and 61% of the same group would recommend Miami Beach as a place to do business.
Issue: - - - -- - - I Shall the City Commission approve Amendment No. 1 to the Lease Agreement?
Item SummarylRecommendation:
1 On December 9, 2009, the Mayor and City Commission adopted Resolution No. 2009-27282, 1
approving a Lease Agreement beiween the cky of ~iami Beach (city) and Miami Beach Film Society,
Inc. (Cinematheque) for use of approximately 2,523 square feet of City-owned property. The approved
Lease Agreement was for an initial term of three years, commencing on March 1, 2010, with two
additional three year renewal terms at the City's sole discretion.
The Lease Agreement provided the Cinematheque with a three month rent abatement plus the
application of half of the security deposit payment (equal to one months rent) towards the first month's
rent after completion of the improvements to the Demised Premises. Rent commencement date was
June 1, 201 0 and the Cinematheque has made prompt rental payments since that time.
The Cinematheque requested an amendment to its current Lease Agreement to provide for an
additional five month rent abatement period due to unforeseen permitting delays which have resulted
in the Cinematheque's inability to complete the improvements within the time frame originally
anticipated, a fifty percent increase in build-out costs, and its inability to generate revenues. While the
facility in under construction (their location at Espanola Way closed at the beginning of summer).
At its October 14, 2010 meeting, the Finance & Citywide Projects Committee discussed the
Cinematheque's request and recommended approving an additional five month rent abatement, and I 1 also recommended that the Lease ~~reement be amended to reflect said abatement.
Advisory Board Recommendation: I Finance & Citywide Projects Committee: October 14, 2010
Financial Information:
I Source of Funds: nla 1 Amount I Account I
[ Financial Impact Summary:
I 1
City Clerk's Office Legislative Tracking: I Anna Parekh, extension 7193
AGENDA ITEM C7N
WTE /0-27'/0
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
embers of the City Commission
DATE: October 27, 201 0
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF MlAMl
BEACH, FLORIDA, APPROVING AN AMENDMENT NO. I TO THAT CERTAIN LEASE
AGREEMENTBY AND BETWEEN THE ClTY AND MlAMl BEACH FILM SOCIETY, INC.,
DATED DECEMBER 9,2009, FOR THE LEASE OF APPROXIMATELY2,523 SQUARE
FEET OF CITY-OWNED PROPERTY, LOCATED AT 1130 WASHINGTON AVENUE, lST
FLOOR SOUTH, MlAMl BEACH, FLORIDA; SAIDAMENDMENTPROVIDING FOR AN
ADDITIONAL FIVE (5) MONTH RENT ABATEMENT; FURTHER AUTHORIZING THE
MAYOR AND ClTY CLERK TO EXECUTE THE AMENDMENT
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
Increase resident satisfaction with the level of services and facilities.
BACKGROUND
On September 3, 2009, the Finance and Citywide Prciects Committee considered, approved and
forwarded to the full Commission for consideration a lease agreement between the City of
Miami Beach (City) and the Miami Beach Film Society, Inc., d/b/a Miami Beach Cinematheque
(Cinematheque), for use of approximately 2,523 square feet of City-owned property (the Demised
Premises), located at 1130 Washington Avenue, lS' Floor South, Miami Beach, Florida. The
Committee recommended a $20 per square foot rent, an amount lower than market rents, but
recommended because of the non-profit nature of the organization, as well as the type of activation
to the space and area that this business will provide. The Cinematheque's proposed use requires
significant build-out to meet their operational needs.
After much discussion regarding the lease, the Committee members recommended a lease
commencement date of March 1,201 0 to allow the Cinematheque sufficient time to prepare build-
out plans to submit for permitting (at least five months from the date of lease approval at
Committee). Recognizing that the Cinematheque would then require build out time, it was also
recommended by staff that a two-month rent abatement be provided. However, the Committee
recommended an additional month of tenant improvement credit in lieu of the City assuming the
costs and responsibility of certain demolition in the space; thecinematheque was agreeable with
assuming demolition in exchange for the additional month tenant improvement credit. As such, the
proposed rent commencement was June I, 2010. At that time, the Cinematheque's estimated
construction costs were $1 50,000.
On December 9, 2009, the Mayor and City Commission adopted Resolution No. 2009-27282,
approving on second reading the Lease Agreement between the City and the Cinematheque. As per
Commission Memorandum
Miami Beach Film Society, Inc.
October 27, 201 0
Page 2 of 3
the Commission's approval of the lease, the Cinematheque provided half of the required security
deposit subsequent to lease execution, ($4,205, equal to one months rent) and the second half of
the security deposit (one month's rent) on June 1, 201 0. However, the Commission's approval
included allowing the second half of the security deposit (one month's rent) to be applied toward rent
after the completion of the tenant improvements, with the expectation that those improvements
would be completed by the rent commencement date of June lS'- or nine months from Committee
approval (six months from lease approval).
BACKGROUND
The Cinematheque has been paying its monthly rent ($4,205) since June I, 2010 as required
pursuant to their Lease (June, July, August, September and October). However, the Cinematheque
has not completed its build-out as originally anticipated and the Cinematheque has advised staff that
the projected build-out costs (interior demolition and reconstruction of the Demised Premises) have
doubled to approximately $300,000. The permit plans and application were submitted to the City's
Building Department on April 23, 2010 and the Cinematheque advised the City that due to
unforeseen permitting delays, a building permit was not obtained untl August 17, 201 0.
In light of the delay in completing the build-out, the estimated costs of the build-out (not yet
confirmed by the City) and the inability to operate in the leased space to generate revenue (originally
anticipated by the Cinematheque to have begun by August 1, 201 0, but now anticipated to begin
December 1, 2010), the Cinematheque approached City staff about the possibility of obtaining an
additional rent abatement or tenant improvement credit equivalent to five (5) months rent, as well as
a credit of half of the security deposit.
While the Finance Committee discussed the issue thoroughly prior to approval of the lease and
recommended lease commencement and rent commencement dates that they deemed would be
sufficient t~ allow for the Cinematheque to obtain the necessary permits and complete construction
in order to open and generate revenue (a total of nine months from Committee approval to the rent
commencement date; six months from Commission approval to rent commencement date), any
additional rent relief for the tenant requires a lease amendment that must be approved by the City
Commission.
On September 15, 2010 the Mayor and City Commission approved a referral to the Finance and
Citywide Projects Committee a discussion of the Cinematheque's request to consider an
amendment to their lease to provide for additional rent abatement,
ANALYSIS
The total value of the Cinematheque's request for an additional five month rent abatement and
credit of half of the security deposit paid (equivalent to one month's rent) is $21,205 for the
additional rent abatement, and a credit of $4,205 to be applied to the first rent payment (total of
$25,230); this is in addition to the value of the three month rent abatement of $12,615 already
provided for in the lease. If the additional rent abatement is approved, commencing in November
201 0 and including the application of the credit of one month's rent; thecinematheque would not
recommence paying rent until May 201 1.
Staff has yet to review in detail the revised build-out costs. While the Cinematheque has been
paying their required rent since the rent commencement date in spite of no revenues being
generated at this location, as previously noted and as discussed at length by the Committee prior to
recommendation for approval more than a year ago, the per-square-foot rent charged to the
Cinematheque is below market rent for comparable space. As you are aware, rent abatements and
tenant improvement credits have been provided to other tenants; however, those tenants have been
charged market or near-market competitive per-square-foot rents.
Commission Memorandum
Miami Beach Film Society, Inc.
October 27, 201 0
Page 3 of 3
In consideration of this information, the Administration requested that the Finance and Citywide
Projects Committee (F&CPC) reviewthe Cinematheque's request.
CONCLUSION
At its October 14, 201 0 meeting, the F&CPC recommended providing the Cinematheque with an
additional five month rent abatement a credit of half of the security deposit (one month's rent) and
also recommended that the Lease Agreement be amended to reflect said abatement. The
proposed amendment is submitted for the Mayor and Commission's consideration.
T:\AGENDA\2010\0ctober PXonsent\FILM SOCIETY Amendment 1 .MEM.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE ClTY
OF MlAMl BEACH, FLORIDA, APPROVING AN AMENDMENT NO. 1 TO
THAT CERTAIN LEASE AGREEMENT BY AND BETWEEN THE ClTY AND
MlAMl BEACH FILM SOCIETY, INC., DATED DECEMBER 9,2009, FOR
THE LEASE OF APPROXIMATELY 2,523 SQUARE FEET OF CITY-
OWNED PROPERTY, LOCATED AT 1130 WASHINGTON AVENUE, lST
FLOOR SOUTH, MlAMl BEACH, FLORIDA; SAID AMENDMENT
PROVIDING FOR AN ADDITIONAL FIVE (5) MONTH RENT ABATEMENT;
FURTHER AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE
THE AMENDMENT
WHEREAS, on December 9, 2009, the Mayor and City Commission adopted
Resolution No. 2009-27282, approving a Lease Agreement between the City of Miami
Beach (City) and the Miami Beach Film Society, Inc. (Cinematheque) for use of
approximately 2,523 square feet of City-owned property, located at 1130 Washington
Avenue, 1'' Floor South, Miami Beach, Florida; and
WHEREAS, the approved Lease Agreement was for an initial term of three years,
commencing on March 1,201 0, with two additional three year renewal terms at the City's
sole discretion; and
WHEREAS, the Lease Agreement provides the Cinematheque with a three month
rent abatement plus the application of half of the security deposit payment (equal to one
months rent) towards the first month's rent after completion of the improvements to the
Demised Premises; and
WHEREAS, the Cinematheque requested an amendment to its current Lease
Agreement to provide for an additional five month rent abatement period due to unforeseen
permitting delays which have resulted in the Cinematheque's inability to complete the
improvements within the time frame originally anticipated, a fifty percent increase in build-
out costs, and its inability to generate revenues; and
WHEREAS, on September 15,201 0, the Mayor and City Commission referred the
Cinematheque's request to the Finance and Citywide Projects Committee (F&CPC) for
discussion; and
WHEREAS, at its October 14,201 0 meeting, the F&CPC recommended providing
the Cinematheque with an additional five month rent abatement and also recommended
that the Lease Agreement be amended to reflect said abatement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve an Amendment No. I to that certain Lease Agreement by and
between the City and Miami Beach Film Society, Inc., dated December 9, 2009, for the
lease of approximately 2,523 square feet of City-owned property, located at 1130
Washington Avenue, lSt Floor South, Miami Beach, Florida; said Amendment providing for
an additional five (5) month rent abatement; further authorizing the Mayor and City Clerk to
execute the Amendment.
PASSED AND ADOPTED THIS 27th day of October, 2010.
Attest :
Robert Parcher, CITY CLERK Matti Herrera Bower, MAYOR
F:\RHCD\$ALL\ECON\$ALL\ASSET\OLDCIMMB FILM SOClEMFlLM SOCIETY AMENDMENT 1.RES.DOC
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
(6-f-
Date
AMENDMENT NO. 1
TO THAT CERTAIN LEASE AGREEMENT BETWEEN
ClTY OF MlAMl BEACH, FLORIDA AND
MlAMl BEACH FlLM SOCIETY, INC.
THIS AMENDMENT NO. I TO THE LEASE AGREEMENT made this 27fh day of
October, 2010, and effective November 1, 2010 (the "Effective Date"), between the
ClTY OF MlAMl BEACH, a municipal corporation of the State of Florida (hereinafter
called "City"), having its principal address at 1700 Convention Center Drive, Miami
Beach, Florida, 33139, and MlAMl BEACH FlLM SOCIETY, INC., a Florida not-for-
profit corporation having its principal address at 1130 Washington Avenue, lSt Floor
South, Miami Beach, Florida 33139 (hereinafter called "Tenant").
WITNESSETH
WHEREAS, on December 9, 2009, the Mayor and City Commission adopted
Resolution No. 2009-27282, approving a Lease Agreement between the City of Miami
Beach (City) and the Miami Beach Film Society, Inc. (Cinematheque) for use of
approximately 2,523 square feet of City-owned property, located at 1130 Washington
Avenue, lSt Floor South, Miami Beach, Florida; and
WHEREAS, the approved Lease Agreement was for an initial term of three
years, commencing on March 1, 2010, with two additional three year renewal terms at
the City's sole discretion; and
WHEREAS, the Lease Agreement provides the Cinematheque with a three
month rent abatement plus the application of half of the security deposit payment (equal
to one months rent) towards the first month's rent after completion of the improvements
to the Demised Premises; and
WHEREAS, the Cinematheque requested an amendment to its current Lease
Agreement to provide for an additional five month rent abatement period due to
unforeseen permitting delays which have resulted in the Cinematheque's inability to
complete the improvements within the time frame originally anticipated, a fifty percent
increase in build-out costs, and its inability to generate revenues; and
WHEREAS, on September 15, 2010, the Mayor and City Commission referred
the Cinematheque's request to the Finance and Citywide Projects Committee (F&CPC)
for discussion; and
WHEREAS, at its October 14, 2010 meeting, the F&CPC recommended
providing the Cinematheque with an additional five month rent abatement and also
recommended that the Lease Agreement be amended to reflect said abatement.
NOW THEREFORE, in consideration of the premises and the mutual covenants
and conditions herein contained and other good and valuable consideration, the receipt
and adequacy of which are hereby conclusively acknowledged, it is agreed by the
parties hereto to amend the Lease Agreement, as follows:
1. Section 3, entitled "Rent" is amended as follows (deleted language &t&
#bm@ and inserted language underlined):
3. Rent.
Tenant's payment of Rent, as defined in this Section 3, shall commence
on June I, 2010 (the "Rent Commencement Date") and, thereafter, on
each first day of subsequent months.
In consideration of Tenant's request for additional time to complete its
build-out and commence generating revenue, City agrees to grant Tenant
a five (5) month Rent abatement wherebv Tenant shall be not be required
to submit Rent payments for the months of November 2010 throuah, and
including, the month of March 2011. Upon expiration of the aforestated
five month Rent abatement ~eriod, and commencing in the month of May
2011, Tenant agrees and shall resume its payment of Rent as delineated
herein.
2. Except as amended hereby, the Lease Agreement remains in full force and effect
and is reconfirmed for all purposes.
3. This Amendment No. 1 to the Lease Agreement may be executed in counterparts
and facsimile signatures are as effective as an original signature and constitute
valid delivery thereof.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, the parties hereto have caused their names to be
signed and their seals to be affixed, all as of the day and year first above written,
indicating their agreement.
Attest: CITY OF MIAMI BEACH, FLORIDA
Robert Parcher, CIN CLERK Matti Herrera Bower, MAYOR
Attest: MIAMI BEACH FILM SOCIETY, INC.
William Egan, DIRECTOR Dana Keith Weekly, PRESIDENT
CORPORATE SEAL
(affix seal here)
F:\RHCD\$ALL\ECON\$ALL\ASSET\OLDCITnMB Film Society\FILM SOCIETY Amendment 1 .FINAL.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
To approve and authorize the City Manager to issue a Certification of Consistency with the City's Consolidated Plan to
Douglas Gardens Community Mental Health Center of Miami Beach Inc.'s Healthy Choice project, to allow it to apply for
funding from the U.S. Department of Housing and Urban Development (HUD), through the Miami-Dade County Homeless
Trust (Trust), to assist formerly homeless persons with housing andlor supportive services.
Key Intended Outcome Supported:
To reduce the number of homeless persons in Miami Beach
Supporting Data (Surveys, Environmental Scan, etc.):
Based on the 2009 Community Satisfaction Survey, 44% of residents and 32% of businesses ranked the City's ability to
address homelessness as excellent and good.
Issue:
Shall the Mayor and City Commission approve and authorize the City Manager to execute a Certification of Consistency
with the City's Consolidated Plan for Douglas Gardens Community Mental Health Center of Miami Beach, Inc.'s Healthy
Choice project, so that they can apply for grant funding via the Super Notice of Funding Availability from U.S. HUD, through
the Miami-Dade County Homeless Trust, in order to provide services to homeless and formerly homeless persons on Miami
Beach?
Item SummarylRecommendation:
U.S. HUD requires all entitlement jurisdictions (jurisdictions that receive HUD funds for housing and community
development, such as Miami ~each)-to prepare aid submit a "Consolidated Plan" that provides the community's goals,
objectives and priorities relating to housing and community development efforts. On July 16, 2008, the City Commission
approved the City's Five-Year Consolidated Plan; it was subsequently submitted and approved by US HUD. The current
plan expires in 2012. All applications for funding, including renewal funding, from US HUD for housing and community
development programs they administer must include a certification ("Certification of Consistency") that the proposed
program is consistent with the jurisdiction's approved Consolidated Plan. On October 1, 2010, the Miami-Dade County
Homeless Trust issued a Request for Applications for inclusion in the 2010 U.S. HUD Consolidated Super NOFA
application. On October 5, 2010 Douglas Gardens of Miami Beach Inc. requested a Certification of Consistency for its
Healthy Choice Project, a 12-bed permanent housing and services program for formerly homeless persons. The proposed
project is consistent with the City's approved Consolidated Plan and has received funding in the past, but not in the last
funding cycle. Consequently, it is an established project. As such, it is recommended that the City Commission approve
and authorize the City Manager to issue a Certification of Consistency to Douglas Gardens Community Mental Health
Center of Miami Beach, Inc. for its application of funding through the Trust for its Healthy Choice project; and further
authorize the City Manager to issue any subsequent Certifications of Consistency for renewal funding from US HUD for this
particular project.
Advisory Board Recommendation:
4
Financial Information:
I I
Source of Funds:
I I
City Clerk's Office Legislative Tracking:
Anna Parekh x7260
-
OBPl
Amount
2
Total
Financial Impact Summary:
1 I NIA
Account Approved
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: embers of the City Commission
FROM:
DATE: October 27, 201 0
SUBJECT. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO ISSUE A CERTIFICATION OF CONSISTENCY WlTH THE
CITY'S CONSOLIDATED PLAN TO THE MIAMI-DADE COUNTY HOMELESS
TRUST FOR ITS APPLICATION OF FUNDING (THROUGH THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S SUPER NOTICE
OF FUNDING AVAILABILITY) FOR DOUGLAS GARDENS COMMUNITY
MENTAL HEALTH CENTER OF MIAMI BEACH'S APPLICATION FOR FUNDING
FOR A 12-BED SHELTER PLUS CARE PROGRAM AT THE MAYFAIR
RESIDENCE, LOCATED AT 1960 PARK AVENUE, MIAMI BEACH, FLORIDA;
FURTHER AUTHORIZING THE ClTY MANAGER TO EXECUTE ANY
SUBSEQUENT CERTIFICATIONS OF CONSISTENCY WlTH THE CITY'S
CONSOLIDATED PLAN FOR RENEWAL APPLICATIONS OF HUD FUNDING
FOR THE AFORESAID PROJECT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The U.S. Department of Housing and Urban Development (HUD) requires that applicants for its funding
obtain and submit a Certification of Consistency with the Consolidated Plan (Consolidated Plan) from
the entitlement jurisdiction where the activity is to be located. The Consolidated Plan is a five (5) year
planning document required by HUD, whereby an entitlement community, through a collaborative
process, establishes a unified vision for community development and housing activities. It offers local
jurisdictions the opportunity to shape the various housing and community development programs into
effective, coordinated neighborhood and community development strategies. The Consolidated Plan is
also the means to meet the application requirements for HUD's CDBG, HOME and Homeless programs.
The City of Miami Beach Commission adopted our Consolidated Plan (Plan) on July 16, 2008; this
Consolidated Plan is in effect through September 30, 2012.
A jurisdiction's certification that an application is consistent with its Consolidated Plan means that the
proposed activities are consistent with the jurisdiction's Consolidated Plan, and the location of the
proposed activity (ies) is consistent with the geographic areas specified in the Consolidated Plan. The
jurisdiction must provide the reasons for any denial when it fails to provide a Certification of
Consistency.
Page 2 of 2
Certification of Consistency Memo
On October 1,201 0, the Miami-Dade County Homeless Trust (Trust), as the lead applicant for homeless
funding via the U.S. Department of Housing and Urban Development's (HUD) Super Notice of Funding
Availability (SuperNOFA) process, issued a request for applications for projects to be included in the
2010 U.S. HUD Consolidated Super NOFA application being submitted by the Homeless Trust for
funding for homeless housing and services.
On October 5, 2010, Douglas Gardens of Miami Beach, Inc., requested a Certificate of Consistency
from the City for its application to the Trust for a new 12-bed permanent housing program called Healthy
Choice, to be located at the Mayfair Residence, at 1960 Park Avenue, Miami Beach. Mayfair Residence
has been providing transitional and permanent housing for homeless persons for several years.
However, the 42-bed Mayfair Residence lost funding in 2009 for one of its programs and has had 20
vacant beds in that facility since September 2009. Therefore, Douglas Gardens' current application for
a "new 12-bed project" entitled Healthy Choice, to be funded from the HUD Shelter-Plus-Care program,
allows for those units to be placed back in use.
This project includes services to assist homeless persons (especially any persons that are chronically
homeless) make the transition to and sustain permanent housing and independent living. Placement
efforts will be coordinated with the City's Homeless Outreach program.
This proposed project is consistent with the City's Consolidated Plan and is eligible for funding.
CONCLUSION
The project described above is consistent with the City's Consolidated Plan, and is eligible for funding
from HUD. The Administration recommends that the Mayor and the City Commission approve and
authorize the City Manager to issue a Certification of Consistency with the City's Consolidated Plan for
Douglas Gardens Community Mental Health Center of Miami Beach's Application for funding for a 12-
bed Shelter Plus Care Program at the Mayfair Residence, located at 1960 Park Avenue, to allow for the
application of funding from HUD through the Trust, to provide housing and services to formerly
homeless persons; and further authorize the City Manager to issue subsequent Certifications of
Consistency for future renewal applications for this particular project.
T:\AGENDA\201O\October 27\Consent\Certification of Consistency for Douglas Gardens- Memo.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ClTY MANAGER TO ISSUE A
CERTIFICATION OF CONSISTENCY WlTH THE CITY'S CONSOLIDATED PLAN TO THE
MIAMI-DADE COUNTY HOMELESS TRUST FOR ITS APPLICATION OF FUNDING
(THROUGH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S SUPER
NOTICE OF FUNDING AVAILABILITY) FOR DOUGLAS GARDENS COMMUNITY MENTAL
HEALTH CENTER OF MlAMl BEACH'S APPLICATION FOR FUNDING FOR A 12-BED
SHELTER PLUS CARE PROGRAM AT THE MAYFAIR RESIDENCE, LOCATED AT 1960
PARK AVENUE, MlAMl BEACH, FLORIDA; FURTHER AUTHORIZING THE ClTY MANAGER
TO EXECUTE ANY SUBSEQUENT CERTIFICATIONS OF CONSISTENCY WlTH THE CITY'S
CONSOLIDATED PLAN FOR RENEWAL APPLICATIONS OF HUD FUNDING FOR THE
AFORESAID PROJECT.
WHEREAS, on July 16, 2008, the Mayor and City Commission adopted the City of Miami Beach
Consolidated Plan for Fiscal Years 2008 through 2012 (Consolidated Plan); and
WHEREAS, the Miami-Dade County Homeless Trust serves as the lead applicant for funding, via the
U.S. Department of Housing and Urban Development's (HUD) Super Notice of Funding Availability process for
housing and service programs that serve homeless and formerly homeless persons; and
WHEREAS, HUD requires applicants to submit Certifications of Consistency with Consolidated Plan
letters from each entitlement jurisdiction with a project applying for new or renewal funding, certifying that the
program in their jurisdiction is consistent with the jurisdiction's Consolidated Plan; and
WHEREAS, Douglas Gardens Community Mental Health Center, Inc.'s Healthy Choice project is a
previously established project which did not receive funding in 2009, due to decreased funding from Miami-Dade
County; and
WHEREAS, Douglas Gardens Community Mental Health Center, Inc. is applying again in the current
funding cycle as a new project; and
WHEREAS, the project is consistent with the City's Consolidated Plan and is eligible for funding; and
WHEREAS, the Certification of Consistency, once issued, will be submitted to the Trust as part of its
funding application to HUD for an award of funds for this proposed project; and
WHEREAS, it is recommended that the City Manager be authorized to execute any future Certifications of
Consistency for renewal funding for this specific project.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MlAMl BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the City
Manager to issue a Certification of Consistency with the City's Consolidated Plan to the Miami-Dade County
Homeless Trust for its application of funding (through the U.S. Department of Housing and Urban Development's
Super Notice of Funding Availability) for Douglas Gardens Community Mental Health Center of Miami Beach's
application for funding for a 12-bed Shelter Plus Care Program for the Mayfair Residence, located at 1960 Park
Avenue, Miami Beach, Florida; further authorizing the City Manager to execute any subsequent Certifications of
Consistency with the City's Consolidated Plan for renewal application of HUD funding for the aforesaid project.
PASSED AND ADOPTED this day of ,2010.
ATTEST:
ClTY CLERK
APPROVED AS TO
FORM & LANGUAGE
MAYOR # FOR EXECUTION
WX4OMIC DEVELOPHENT
REDk ELOPi-iir.fTpfr~~~y Douglas Gardens Commumb~; C.r.EEHT
Mental Health Center 2010 - - OCT -5 PH 48 OD ."
Of Miami Beach
October 5,20 1 0
701 Lincoln Road
Miami Beach, FL 33139
Phone: (305) 531-5341 Anna Parekh
ax: (305) 532-5322 Division Director
Golden Palms Neighborhood Services Division
17000 N.E. 21st Avenue H0usin and Community Development Division
North Murm Beach, FL 33162 #
Phone: (305) 945-5340 555 Street
Miami Beach, F133 1 39
Suaw Cove
7100 RW GrauviUe
Miami Beach, FL 33140 Dear MS. Parekh,
Phone: (305) 864-7748
Saody~~ Please find Douglas Gardens Community Mental Health Center of Miami
629 box Avenue
Miami Beach, FL 33139 Beach, Inc. request for a Certification of Consistency with the Consolidated
Phone: (305) 538-7710 Plan for a new project.
Mayfair Residence
1960 Park Avenue The Mayfair Residence, located at 1960 Park Ave., Miami Beach has served
bfid%chaFL33139 the formerly homeless population for years through the Mayfair Shelter Plus
Phone: (305) 604-3444 Care Program, Extra Help and Primary Care. We are requesting the
OFFICERS Certification of ~onsisten'c~ with the Consolidated Plan for a new program that
President we are applying for through HUDYs 2010 SUPERNOFA application.
Michael A. Nowatt
Vice President The new program will be a 12 bed Shelter Plus Care Program. The projected
Kristina Bryn budget for the new program will be approximately $12 1,248.
Secretaty
Stella Davidovic Thank you for assistance with this matter. If you have any questions, please
contact me at 305-531-5341.
Treasurer
Elsa Odandiai
Sincerely, - 7 Past Presidents
Myra Farr
Maurice Malinuth
Ro& Pincus
Geow Stein
~rettkeinstein
Jacqueline Hem. Daniel T. Brady
Executim Director Executive Director
Dd T. Brady Ph.D.
Certification of Consistency
with the Consolidated Plan
OMB Approval No. 2506-0112 (Exp. 1/31/2011)
U.S. Department of Housing
and Urban Development
I certify that the proposed activitiesJprojects in the application are consistent with the jurisdiction's current, approved Con solidated Plan.
(Type or clearly print the following information:)
Applicant Name: Douglas Gardens Community Mental Health Center of Miami Beach, Inc.
Project Name: Healthy Choice - New 12 Bed S+C
Location of the Project: Mayfair Hotel
1960 Park Avenue
Miami Beach, Florida 33139
Name of the Federal
Program to which the
applicant is applying: Shelter Plus Care (SK)
Name of
Certifying Jurisdiction: City of Miami Beach
Certifying Official
of the Jurisdiction
Name: Jorge M. Gonzalez
Title: City Manager
Signature:
Date:
Page 1 of 1 form HUD-2991 (3198)
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution establishing the Miami-Dade County Homeless Trust's Adopt-A-Homeless Donation Meter Campaign Program
to provide entities and individuals an opportunity to contribute to Miami-Dade County's homeless programs as an alternative
to giving money to panhandlers; and authorizing the City Manager to take any action necessary to implement this program.
Key Intended Outcome Supported:
I To provide entities and individuals an opportunity to contribute to Miami-Dade County's homeless programs and I
discourage panhandling.
Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2009 Customer Satisfaction Survey, 44% of
residents rated the City's ability to address homelessness as excellent or good.
Issue:
I Shall the City enter into an agreement with Miami-Dade County to install 11 meters through out the City in order to allow I I entities and individuals an opportunity to contribute to homeless programs as an alternative to giving money to panhandlers? I
tem SummarylRecommendation:
In April 2009, the Miami-Dade County Homeless Trust in an effort to continue to promote awareness of homeless issues
throughout the community engaged the M Network, a public relations firm, to promote community awareness of services
offered by the Homeless Trust and to assist in a targeted campaign related to providing alternative strategies to
panhandling. The awareness campaign focused on donation meters, which had been successfully utilized in other
communities to redirect community giving from panhandlers and into funding homeless services. According to the survey
conducted by Zogby International on behalf of the Homeless Trust, "Homeless Trust Survey on Miami-Dade County's
Generosity," county residents may be giving millions of dollars per year to people on the street.
The donation meters are surplus parking meters graphically enhanced by local artist, Romero Britto, and will be strategically
placed where panhandling most frequently occurs (and in manner not to be confused as a working meter). The Homeless
Trust will take care of all costs associated with the program, which includes installation of the meters and finding meter
sponsors. The City of Miami Parking Authority will maintain and collect all of the change deposited in the meters county
wide. Locations for meter placements were discussed with the City's Homeless Outreach Program and the City's Police
Department to ensure placement in area where panhandling may currently occur and that have high visibility.
I The Administration recommends the City Commission approve the proposed resolution.
Advisory Board Recommendation:
August 17,2009, Committee on Homeless, recommended approval.
October 7,2009, Neighborhoods/Community Affairs Committee, referred the matter to the Art in Public Places Committee.
October 27, 2009, Art in Public Places Committee, recommended approval.
On April 27, 201 0, NeighborhoodslCommunity Affairs Committee, recommended approval.
City Clerk's Office Legislative Tracking:
I Anna Parekh
Financial Information:
T:\AGEN~A\~OI O\October 27\ConsentWomeless Trust Mekrs Campaign - Summary.doc u L
MIAMIBEACH ,,,
Account
AGENDA ITEM c7P
DATE /0-27-/3
Financial Impact Summary:
Amount Source of
Funds:
.a OBPl
1
2
Total
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miarnibeachfl.gov
COMMISSION MEMORANDUM
embers of the City Commission
DATE: October 27, 201 0
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, ESTABLISHING THE MIAMI-DADE COUNTY
HOMELESS TRUST'S ADOPT-A-HOMELESS DONATION METER CAMPAIGN
PROGRAM TO PROVIDE ENTITIES AND INDIVIDUALS AN OPPORTUNITY TO
CONTRIBUTE TO MIAMI-DADE COUNTY'S HOMELESS PROGRAM AS AN
ALTERNATIVE TO GIVING MONEY TO PANHANDLERS; AND AUTHORIZING
THE ClTY MANAGER TO TAKE ANY ACTION NECESSARY TO IMPLEMENT
THIS PROGRAM.
Adopt the resolution.
ANALYSIS
In April 2009, in an effort to continue to promote awareness of homeless issues throughout
the community, the Miami-Dade County Homeless Trust (MDCHT) engaged the M Network,
a public relations firm, to promote community awareness of services the Homeless Trust
offers and to assist in a targeted campaign related to providing alternative strategies to
panhandling. The MDCHT was created in 1993 by the Board of County Commissioners with
several primary functions: to administer proceeds of the one-percent food and beverage tax,
to implement the local continuum of care plan, a three-phased plan, called the Miami-Dade
County Community Homeless Plan (the "Plan"); and to serve in an advisory capacity to the
Board of County Commissioners on issues involving homelessness. The Trust is not a direct
service provider. Instead, it is responsible for the implementation of policy initiatives
developed by the 27-member Miami-Dade County Homeless Trust Board, and the
monitoring of contract compliance by agencies contracted with the County, through the
Trust, for the provision of housing and services for homeless persons.
The Trust's awareness campaign focused on donation meters which had been successfully
utilized in other communities, such as Denver and Baltimore, to redirect community giving
from panhandlers and into funding homeless services. According to the survey conducted by
Zogby International on behalf of the Homeless Trust, "Homeless Trust Survey on Miami-
Dade County's Generosity," county residents may be giving millions of dollars per year to
people on the street.
The donation meters are surplus parking meters graphically enhanced by local artist,
Romero Britto, and will be strategically placed where panhandling most frequently occurs
(and in a manner not to be confused as a working parking meter). All monies are collected
Commission Memorandum
October 27, 201 0
Page 2
and utilized for homeless services, such as emergency shelter beds and feeding programs.
The Homeless Trust will take care of all costs associated with the program, which includes
installation of the meters and finding meter sponsors. The City of Miami Parking Authoritywill
maintain and collect all of the change deposited in the meters county wide.
On July 15,2009, David Raymond, Executive Director, Miami-Dade County Homeless Trust
presented the donation meters concept to the Homeless Committee. The Homeless
Committee approved the project 7-0.
On September 9, 2009, the Mayor and the Commission referred the matter to the
Neighborhoods/Community Affairs Committee for discussion. As discussed at the
Committee meeting, the proposed Miami-Dade County Homeless Trust program is intended
to raise awareness and funds for homeless services, while at the same time providing
alternatives to panhandling. The proposed program would place surplus meters, which have
been artistically altered, in areas of the county where panhandling occurs. It was requested
that we consider placing some of these donation meters in the City. Artist Romero Britto
designed the art for the meters; the design is being used on all meters countywide. The
Committee referred the issue to the Art in Public Places (AiPP) Committee to consider the
design of the donation meters by artist Romero Britto, as the meters will be displayed in
public.
On ~ctober 27th 2009, the AiPP Committee met and discussed the donation meters concept.
Mr. Raymond explained that the public relations firm being utilized by the Trust
recommended the use of Mr. Britto's art to design the meters due to his name recognition,
and because the artist is donating his time to this cause. The meter's design had been
approved by the Trust's Board. The City of Miami Beach has to determine whether or not it
wants to participate in this countywide campaign, as the design of the meters for the
campaign has been determined.
The AlPP Committee recommended approving the project and its design with further
recommendation that an AiPP Committee member be involved in determining the locations
of the meters.
On November 10,2009, the Police Department's Neighborhood Resource Officers (NROs)
met with staff to discuss the most appropriate locations for the placement of the donation
meters where they would be most effective. A total of 30 locations were identified.
Meetingsfpresentations were also scheduled with the Washington Avenue Neighborhood
Association (WANA) and with members from the Lincoln Road Marketing Association. Both
were in support of the donation meter program. A meeting was also requested with members
of the Ocean Drive Business Association; no meeting was able to be coordinated with them.
On December 10,2009, staff met with Elizabeth Resnick, the representative designated by
AiPP, and reviewed the 30 possible locations identified by staff. Eleven initial locations were
identified for possible placement of the donation meters (Attachment A). The locations were
selected based on feedback from staff and on the degree of foot traffic and panhandling in
the area.
On April 27,201 0, the Neighborhoods1Community Affairs Committee approved the motion to
proceed with the project and go ahead with the recommended locations with a change to
one location on Washington Avenue (moving a meter to the west side of I lth Street).
Commission Memorandum
October 27,2010
Page 3
CONCLUSION
The Miami-Dade County Homeless Trust has requested that the City participate in this
countywide effort which involves utilizing refurbished parking meters as a way to redirect
spare change given to panhandlers. The funds collected will be used to directly fund
homeless services and to educate the community on the Homeless Trust's Initiatives. The
City currently has two representatives on the Homeless Trust Board, and the City currently
receives funding from and through the Homeless Trust for our homeless outreach programs.
The Administration recommends that the City Commission approve the proposed resolution
adopting the proposed program, which includes the placement of eleven homeless meters at
the locations recommended and approved by the Neighborhoods Committee.
J MGIH MFIAPIKM
T:\AGENDA!2010\0ctober PAConsenfiHomeiess Trust Meters Campaign - Memo.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MIAMI BEACH, FLORIDA APPROVING THE
IMPLEMENTATION OF THE MIAMI-DADE COUNTY
HOMELESS TRUST'S ADOPT-A-HOMELESS DONATION
METER CAMPAIGN PROGRAM IN THE CITY; WHICH
PROGRAM WILL PROVIDE ENTITIES AND INDIVIDUALS AN
OPPORTUNITY TO CONTRIBUTE TO MIAMI-DADE COUNTY'S
HOMELESS PROGRAMS AS AN ALTERNATIVE TO GIVING
MONEY TO PANHANDLERS; AND AUTHORIZING THE ClTY
MANAGER TO TAKE ANY ACTION NECESSARY TO
IMPLEMENT THIS PROGRAM.
WHEREAS, the City has the necessity for providing homeless services to Miami
Beach homeless individuals; and
WHEREAS, the Miami-Dade County Homeless Trust continues its efforts to
promote homeless awareness; and
WHEREAS, the Adopt-A-Homeless Donation Meter Campaign Program utilizes
surplus parking meters graphically enhanced by local artist, Romero Britto, to collect
donations as an alternative to giving money to panhandlers; and
WHEREAS, all monies collected will be used for homeless services, such as
emergency shelter beds and feeding programs; and
WHEREAS, the City of Miami Parking Authority will collect the funds, remit the
funds to the Miami-Dade County Homeless Trust, and maintain the meters within the
City of Miami Beach; and
WHEREAS, the Miami-Dade County Homeless Trust will take care of all the
costs associated with the program, including installation of the meters and finding meter
sponsors; and
WHEREAS, the Committee on Homeless, the Art in Public Places Committee,
and the Neighborhoods/Community Affairs Committee have approved the Adopt-A-
Homeless Donation Meter Campaign Program; and
WHEREAS, it is recommended that the City authorize the Miami-Dade County's
Adopt-A-Homeless Donation Meter Campaign Program.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve the implementation of the Miami-Dade County Homeless
Trust's Adopt-A-Homeless Donation Meter Campaign Program in the City of Miami
Beach, and authorize the City Manager to take any action necessary to implement this
program.
PASSED and ADOPTED this day of ,2010.
ATTEST:
CITY CLERK MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Notes
Homeless Trust Donation Meters
Proposed Locations
South Beach
Meter #
1
2
3
4
5
6
7
8
Middle Beach
9
North Beach
10
11
Main Intersection
Ocean Dr. (South to North)
Washington Ave. (South to North)
Lincoln (West to East)
Collins Ave.
Collins Ave (South - North)
Cross Intersection
6th St. (E)
10th St. (E)
14th St. (E)
9th St. (E)
Landmark/Location
6th Street Restrooms
Visitor Center
14th Street Restrooms
Pizza Rustica
13th St. (W)
Espanola Way (W)
Alton (E) -
Washington Ave
46th Street
67th St. (W)
73rd St.
Post Office
Movie Theaters
Middle (near fountain)
Eden Roc/ Public Parking
Walgreens
Bandshell Area