20101117_Con_Detail_red_ocrMIAMIBEACH
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
November 17,2010
Mayor Matti Herrera Bower
Vice-Mayor Michael G6ngora
Commissioner Jorge Exposito
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 City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires
the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with
the City Commission, any City Board or Committee, or any personnel as defined in the subject
Code sections. Copies of the City Code sections on lobbyists laws are available in the City
Clerk's Office. Questions regarding the provisions of the Ordinance should be directed to the
Office of the City Attorney.
Special note: In order to ensure adequate public consideration, if necessary, the Mayor and City 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
PA Presentations and Awards
Regular Aaenda
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, November 17,201 0
Presentations and Awards
PA1 Presentation Of Sister Cities Plaque By Sister Cities Committee Chairman George Neary. (Page 3)
(Requested by Mayor Matti Herrera Bower)
(Deferred from October 27, 201 0)
PA2 Certificate Of Appreciation To Be Presented To "Las Maraqueras," From The Little Havana Activities
& Nutrition Centers Of Dade County.
(Requested By Commissioner Michael Gongora)
(Deferred from October 27, 201 0)
PA3 Presentation On Ability Explosion By Disability Access Committee Chairman David New.
(Requested By Mayor Matti Herrera Bower)
PA4 Presentation On The Miami Beach S.M.I.L.E. Campaign By Community Relations Board Chairwoman
Barbara Montero.
(Requested By Mayor Matti Herrera Bower)
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C4 - Commission Committee Assislnments
C4A Referral To The NeighborhoodsICommunity Affairs Committee - Discussion Regarding Requiring
Miami Beach Restaurants To Post Scores Given By The Health Department. (Page 7)
(Requested by Commissioner Deede Weithorn)
C4B Referral To The NeighborhoodsICommunity Affairs Committee - Discussion Regarding The
Relationship Between Organizations Applying For A Special Event Permit And Any Charitable
Donations They Claim Will Be Generated By The Event, Including Tracking Actual Funds Donated.
(Page 9)
(Requested by Commissioner Deede Weithorn)
C4C Referral To The Finance And Citywide Projects Committee - Discussion Regarding An Economic
Impact Study And Options For Financing The Convention Center Renovation. (Page 11)
(Requested by Commissioner Deede Weithorn)
C4D Referral To The NeighborhoodsICommunity Affairs Committee - Discussion Concerning Overgrown
Shrubs On Dunes And Beach Walks In Miami Beach. (Page 13)
(Requested by Vice-Mayor Michael Gongora)
Consent Agenda, November 17,201 0
C4 - Commission Committee Assinnments (Continued)
C4E Referral To The Neighborhoods/Community Affairs Committee To Discuss Various Issues Related To
Flagler Memorial (Monument) Island, Its Current And Future Operations And Management Options.
(Page 15)
(Parks & Recreation)
C4F Referral To The Land Use And Development Committee - Discussion To Tighten The City Ordinance
Involving Conditional Use Procedure For Second Hand Stores. (Page 17)
(Requested by Vice-Mayor Michael Gongora)
C4G Referral To The Land Use And Development Committee - Discussion Regarding A Request By
Members Of The La Gorce Neighborhood To Return Sections Of Pine Tree And La Gorce Drives To
Two-Way Lanes. (Page 19)
(Requested By Mayor Matti Herrera Bower)
C6 - Commission Committee Reports
C6A Report Of The Capital lmprovement Projects Oversight Committee Meeting On September 13,2010:
1) Attendance. 2) Review And Acceptance Of Minutes. 3) Public Comments. 4) Commission Items: A)
A Resolution Authorizing The Mayor And The City Clerk To Execute An Amendment To The
Construction Services Agreement Between The City Of Miami Beach And M. Vila &Associates, Inc.
(MVA), Dated June 3,2009, For The Construction Of The Historic City Of Miami Beach Right Of Way
lnfrastructure Improvements Project, Neighborhood No. 9A, City Center; In The Negotiated Not To
Exceed Amount Of $874,193.54, To Provide Construction Services For Right Of Way And
lnfrastructure lmprovements Surrounding The New World Symphony Campus (NWS), Pennsylvania
Avenue Garage, And Lincoln Park Projects Located Within The Adjacent City Center Commercial
District Bid Package 9B Project Area; And Further Authorizing $87,419.35 As A Project Construction
Contingency; With Funding Available From The Previously Appropriated Funds In The City Center Bid
Package 9B RDA Construction Fund 365. B) A Resolution Of The Mayor And City Commission Of
The City Of Miami Beach, Florida, Authorizing Additional Funding In The Amount Of $335,000 For
Construction Contingency For Sanitary Sewer Main lmprovements Along Indian Creek Drive Between
26th And 41st Streets Construction Project; Funding For This Has Been Previously Appropriated
From The Water And Sewer Gulf Breeze Fund 423.5) Requested Reports. 6) Discussion. 7) A) Old
Business: Construction Update: Normandy Shores Neighborhood Improvement, B) Status Report:
Venetian Island Neighborhood lmprovement Project, C) Status Report: Royal Palm Avenue And 44th
Street Flooding Mitigation, D) Status Report: Palm & Hibiscus Island Undergrounding, E) Status
Report: FlamingoNVest Avenue Neighborhood ROW, F) Status Report: South Pointe Phase II
Neighborhood lmprovement Project, G) Status Report: South Pointe Phase 3,4And 5 Neighborhood
lmprovement Project, H) Flamingo Park. (Page 23)
iii
Consent Agenda, November 17,2010
C6 - Commission Committee Reports (Continued)
C6B Report Of The NeighborhoodsICommunity Affairs Committee Meeting On October 5,2010: I) Update
Regarding The Status Of Efforts Made By The Administration To Encourage FDO T To Re-stripe The
Lanes In The Mid Beach Area Along Alton Road. 2) Discussion Regarding An Ordinance Amending
Chapter 46 Of The Miami Beach City Code, Entitled "Environment," By Amending Article Ill Thereof,
Entitled "Litter," By Amending Section 46-92 To Clarify And Provide For Additional Prohibitions And
Definitions For Litter With Regard To Leaf Blowers And Yard Maintenance Debris, And Clarifying
Penalties For Certain Litter Violations; Providing For Repealer; Severability; Codification; And An
Effective Date. 3) Discussion Regarding Stalled Construction Projects And Code Violations. 4)
Consideration Of A Public Art Project By The Artist Tobias Rehberger To Be Commissioned For
Placement In South Pointe Park, As Recommended By The Art In Public Places Committee. 5)
Discussion Regarding The Renaming Of The Handball Courts At Flamingo Park To Richard Bower,
Mayor Bower's Late Husband. (Page 29)
C6C Report Of The Land Use And Development Committee Meeting On October 25,201 0: 1) Discussion
Regarding A Request From The GLBT Committee To Allow Extended Hours Of Operation Of Certain
Nightlife Venues During Four Major GLBT Tourism And Fundraising Weekends - Winter Party, White
Party, Gay Pride And Aqua Girl. 2) Discussion On The Issuance OfA Request For Proposal (RFP) To
Conduct A Study For The Development Of A City-Wide Transportation And Parking Plan.
(Page 37)
C6D Report Of The Finance And Citywide Projects Committee Meeting On October 14, 2010: I)
Discussion Regarding An Amendment To A Resolution Regarding Assignment Of A Police Officer To
The Police Athletic League (PAL). 2) Request For Approval To Issue A Request For Proposals (RFP)
To Provide Parking CashierslAttendants And Supervisors For The City's Parking Garages; A) Criteria
For Evaluations; B) Add A Labor Peace Clause. 3) Discussion Regarding A Proposed Lease
Agreement With Miami Police Federal Credit Union, For Use Of 196 Square Feet Of Office Space
Within The Miami Beach Police Department Building. 4) Discussion OfA Request From ECOMB, Inc.,
For An Amendment To Its Lease. 5) Discussion Of A Request From Miami Beach Film Society, Inc.,
For An Amendment To Its Lease Agreement. 6) Discussion Regarding The Miami Beach Festival Of
The Arts And Potentially Contracting With A Professional Art Festival Company To Produce The
Festival For The City. 7) Discussion Regarding Parity For Future Sidewalk Cafe Fee Increases. 8)
Discussion Regarding Recent Billing Of Parking Impact Fees And The Possibility Of A Moratorium
Due To Present Economic Market Conditions. 9) Discussion Of Lincoln RoadNVashington Collins
Median. (Page 41)
Consent Agenda, November 17,201 0
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit Grant
Applications To: 1) Miami-Dade County Homeless Trust For Funding From The HotellMotel And
Homeless Management Information System (HMIS) Program In An Amount Not To Exceed $40,000
For The City's Homeless Outreach Program; 2) Miami-Dade County Emergency Medical Services For
Funding In An Amount Not To Exceed $20,000 For The City's Fire Rescue Initiatives; 3) Department
Of Homeland Security For Emergency Food And Shelter Funds In An Amount Not To Exceed
$20,000 For Food Vouchers And Emergency Assistance; And, 4) Approval Of A Local Agency
Program Agreement With Florida Department Of Transportation (FDOT) For Funding Appropriated By
The Florida Legislature In An Amount Not To Exceed $534,000; Appropriating The Above Funds, 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 51)
(Budget & Performance Improvement)
C7B A Resolution Approving And Authorizing The Mayor And City Clerk To Execute The Specifications For
Precast Transformer Location Agreement With Florida Power And Light Company (FPL); And Further
Granting FPL An Easement Over A Portion Of North Shore Bandshell Park For A Transformer And
Underground Conduits That Will Serve The North Shore Bandshell Park And Facilities. (Page59)
(Capital Improvement Projects)
A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Request For
Proposals (RFP) No. 49-0911 0, For Benefit Consultant Services To Provide Assistance In Determining
The City's Employee Benefits Program; And Authorizing The Administration To Enter Into
Negotiations With The Top-Ranked Firm, Gallagher Benefit Services, Inc; And Should The
Administration Not Be Able To Successfully Negotiate An Agreement With The Top-Ranked Firm,
Authorizing The Administration To Negotiate With The Second-Ranked Firm, Bolton Partners, Inc.;
And Further Authorizing The Mayor And Clerk To Execute An Agreement Upon Conclusion Of
Successful Negotiations. (Page 69)
(Human Resources Department)
C7D A Resolution Consenting To And Confirming The Appointment Of Richard G. Lorber As The Acting
Director Of The Planning Department For The City Of Miami Beach. (Page 95)
(Human Resources)
C7E A Resolution Consenting To And Confirming The Appointment Of Cynthia W. Curry As The Acting
Director Of The Building Department For The City Of Miami Beach. (Page 101)
(Human Resources)
C7F A Resolution Approving A First Amendment To The Use Agreement With The School Board Of
Miami-Dade County, Florida, Dated October 18, 2000, Providing Parking Spaces For North Beach
Elementary Faculty And Staff; Said Amendment Reducing The Number Of Parking Spaces Available
For Use By The Board To 30; Approving The Next Five (5) Year Extension Of The Agreement,
Commencing On July 23,201 1, And Expiring On July 22,2016; Amending The Annual Rent Paid By
The Board To The City From $4,320.00 To $3,150.00 (Or From $360.00 Per Month, To $262.50 Per
Month); And Adding A New Article Entitled, "Legal Fees And Court Costs.'' (Page 1 13)
(Parking Department)
Consent Agenda, November 17,201 0
C7 - Resolutions (Continued)
C7G A Resolution Approving A Preconstruction Application For Historic Ad Valorem Tax Exemption For A
Single-Family Property At 2740 North Bay Road, And Authorizing The Miami-Dade County Property
Appraiser's Office To Grant This Tax Exemption For The City's Portion Of Ad Valorem Properly Taxes
For Qualifying Improvements To The Subject Property Following Substantial Completion Of The
Project And Compliance With Certain Conditions. (Page 123)
(Planning Department)
C7H A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of
Architectural And Engineering Firms, Pursuant To Request For Qualifications (RFQ) No. 42-0911 0,
For Noise, Acoustic, And/or Sound Services, On An "As-Needed Basis", For Projects In Which The
Basic Construction Cost Does Not Exceed $2 Million Or For Study Activities When The Fee For Such
Professional Services Does Not Exceed $200,000; Authorizing The Mayor And City Clerk To Execute
Professional Services Agreements Upon Completion Of Successful Negotiations With The Six (6)
Top-Ranked Proposers: Sieben Associates, Inc , Arpeggio Acoustic Consultant, LLC, The Audio Bug,
Inc, Langan Engineering And Environmental Services, Inc, Edward Dugger +Associates, P.A., And
Kinsella-Marsh Group, Inc. (Page 149)
(Planning Department)
C71 A Resolution Setting A First Reading Public Hearing To Consider An Amendment To Chapter 142,
"Zoning Districts And Regulations," Article II "District Regulations," Division 18 "PS Performance
Standard District," Amending Section 142-693 "Permitted Uses," By Permitting Low Impact Car
Washing And Auto Detailing In The CPS-2 District, When Completely Contained Within A Parking
Garage Structure, And Not Visible From The Street Or Public Right-of-way. (Page 157)
(Planning Department)
C7J A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Request For
Qualifications (RFQ) No. 48-09/10, For The Project Development And Environment Study For The
West Avenue Bridge Project; And Authorizing The Administration To Enter Into Negotiations With The
Top-Ranked Firm, Gannett Fleming, Inc.; And Should The Administration Not Be Able To
Successfully Negotiate An Agreement With The Top-Ranked Firm, Authorizing The Administration To
Negotiate With The Second-Ranked Firm, T.Y. Lin International; And Should The Administration Not
Be Able To Negotiate An Agreement With The Second-Ranked Firm, Authorizing The Administration
To Negotiate An Agreement With The Third-Ranked Firm, The Corradino Group, Inc. (Page 163)
(Public Works)
C7K A Resolution Granting And Authorizing The Mayor And City Clerk To Execute A Perpetual Utility
Easement To Florida Power And Light (FPL) To Provide Electrical Service For A Feeder Vault On The
Site Of The New Miami Beach Soundscape (Lincoln Park). (Page 195)
(Public Works)
Consent Agenda, November 17,201 0
C7 - Resolutions (Continued)
A Resolution Approving And Authorizing The City Manager Or His Designee To Submit A Grant
Application To The U.S. Department Of Housing And Urban Development (HUD) For Neighborhood
Stabilization Program Round Three (NSP3) Funds In An Amount Not To Exceed $1,475,088 For The
Acquisition And Rehabilitation Of Eligible Properties For Affordable Housing For Income-Eligible
Residents; Further Authorizing The Appropriation Of The Above Funds, The Incurring Of
Reimbursable Pre-Award Costs; And Authorizing The Execution Of All Necessary Documents Related
To This Application. (Page 201)
(Real Estate, Housing & Community Development)
C7M A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Amendment No. 1
To That Certain Lease Agreement By And Between The City And Mystery Park Arts Company, Inc.,
Dated January 13,201 0, For The Use Of The Two City-Owned Buildings, Commonly Known As The
Carl Fisher Clubhouse And Little Stage Theater, Located At 21 00 Washington Avenue, Miami Beach,
Florida; Said Amendment Providing For A Reduction In Tenant's Payment Of Monthly Additional Rent,
For A Period Of Five (5) Months, Commencing On December 1,201 0, And Ending On April 30,201 1.
(Page 207)
(Real Estate, Housing & Community Development)
C7N A Resolution Authorizing The Acceptance Of Sixty Two Thousand Five Hundred Dollars ($62,500)
Donation From The Miami Beach Arts Trust Resulting From The Proceeds Of The First Annual Miami
Beach Arts Gala; And Further Appropriating Said Funds For The Creation Of A New Dedicated
Cultural Grants Program Which Will Be Administered By The Cultural Arts Council Consistent With
The City's Established Policies And Procedures. (Page 213)
(Tourism & Cultural Development)
C70 A Resolution Approving A Contract Award, Pursuant To Invitation To Bid No. 43-09/10, For The Right-
Of-Way Infrastructure lmprovement Program - Neighborhood No. 13A- Star Island, Authorizing The
Mayor And City Clerk To Execute An Agreement With Trans Florida Development Corp., At The Not-
To-Exceed Amount Of $696,887.45, For The Construction Of The Project, Plus Approve A Project
Contingency In The Amount Of $69,688.75 For A Grand Total Of $766,576.20; $563,131.54 From
Funds Previously Appropriated In The Capital Budget; And Further Appropriating $203,444.66 From
Fund 429 Stormwater Projects Line Of Credit, With Such Funds To Be Repaid From Proposed Future
Storm Water Bonds; Further Authorizing The Administration To Engage In Value Engineering To
Further Reduce The Cost And Time For Completion Of Said Project. (Page 21 7)
(Capital lmprovement Projects)
End of Consent Agenda
vii
Presentations and Awards
PA1 Presentation Of Sister Cities Plaque By Sister Cities Committee Chairman George
Neary.
(Requested by Mayor Matti Herrera Bower)
(Deferred from October 27, 201 0)
PA2 Certificate Of Appreciation To Be Presented To "Las Maraqueras," From The Little
Havana Activities & Nutrition Centers Of Dade County.
(Requested By Commissioner Michael Gongora)
(Deferred from October 27, 201 0)
PA3 Presentation On Ability Explosion By Disability Access Committee Chairman David New.
(Requested By Mayor Matti Herrera Bower)
PA4 Presentation On The Miami Beach S.M.I.L.E. Campaign By Community Relations Board
Chairwoman Barbara Montero.
(Requested By Mayor Matti Herrera Bower)
AGENDA ITEM: PA1 -4
DATE: 11/17/10
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge Gonzalez, City Manager
Jose Smith, City Attorney
FROM: Deede Weithorn, Commission
DATE: November 5, 20 1 0
SUBJECT: Agenda item for November 17 Commission meeting
I would like to refer a discussion regarding requiring Miami Beach restaurants to post
scores given by the Health Department to the Neighborhood Committee.
Thank you.
u:e cor~mit~ed to p:oidiig e.\ce!/en, p~/ic S~P,,~CG ufi$ wh !O a!! W~,O iiw, V& in oj Agenda Item C '/ A
Date / / - / 7-10
7
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G? - MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge Gonzalez, City Manager
Jose Smith, City Attorney
FROM: Deede Weithorn, Commissioner
DATE: November 5, 20 1 0
SUBJECT: Agenda item for November 17 Commission meeting
I would like to refer the following issue to the Neighborhoods Committee for
discussion; the relationship between organizations applying for a special event permit
and any charitable donations they claim will be generated by the event, including
tracking actual funds donated.
Thank you.
ifl/e ore c~!?lmii:ed tc pr~icii19 e~ceiient pug? sewice onci saki\, io oil who /ive, WCI(, ~!ld ploy in OUI Agenda Itern CY.
Date 0-/7-10
9
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rzr]r MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
TO: Jorge Gonzalez, City Manager
Jose Smith, City Attorney
MEMORANDUM
FROM:
DATE:
SUBJECT:
November 9, 20 1 0
Agenda item for November 17 Commission meeting
I would like to refer a discussion regarding options for financing the Convention
Center renovation, as well as an economic impact study of the Convention Center, to
the Finance Committee.
Thank you.
' enda Item CL/C coni,;;;ed !,. pp3'3'tidii19 p&kc service uod so!e$ lo a!; uho /ive, vruuk, u!ld ,;by in 4 Ag
Date //-I 7-/o
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
Jorge Gonzalez, City Manager
FROM: Michael Gongora, Commissioner
DATE: November 8, 2010
SUBJECT: Referral Item for November 17 Commission Meeting
Please place on the November 17 Commission meeting consent agenda a
referral to the Neighborhood Committee for discussion concerning overgrown
shrubs on dunes and beach walks in Miami Beach. I would like for the Parks
Department to come up with recommendations to combat this issue due to safety
and aesthetics. If you have any questions please feel free to contact my aide
Diana Fontani at ext 6087.
Agenda Item C Y D
Bate 11- I 7 -10
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miarnibeachfl.gov
COMMISSION MEMORANDUM
TO: errera Bower and Members of the City Commission
FROM:
DATE: November 17, 2010
SUBJECT: A REFERRAL TO THE NElGHBORHOODSlCOMMUNITY AFFAIRS
COMMITTEE TO DISCUSS VARIOUS ISSUES RELATED TO FLAGLER
MEMORIAL (MONUMENT) ISLAND, ITS CURRENT AND FUTURE
OPERATIONS AND MANAGEMENT OPTIONS
ADMINISTRATION RECOMMENDATION
Refer the item.
BACKGROUND
Flagler Memorial lsland (Monument Island) is an artificial island built in 1920 along with other
Venetian Islands of Miami and Miami Beach, Florida, complete with a monument visible from
a number of viewpoints surrounding the Island. A 110-foot high obelisk with allegorical
sculptures at its base stands as a monument to Miami pioneer Henry M. Flagler and was
built in the center of the constructed island in memory of Flagler who died in 191 3. The
lsland and the monument were both donated to the City of Miami Beach in 1939.
The Flagler Memorial lsland was improved in 1994 with grant funds in the amount of
$220,000 from the Biscayne Bay Environmental Enhancement Trust Fund and the Florida
Inland Navigation District. The project stabilized the shoreline with the installation of lime
rock boulders, and created sand beaches and dunes for boaters to enjoy. Many of the
improvements and plantings were destroyed and the beach was further eroded in 2005 by
Hurricane Wilma. The island was designated a City of Miami Beach park on September 5,
2001 by the City Commission per resolution no. 2001 -24578. A renovation of the obelisk was
completed with County General Obligation Bond (GOB) funds on March 31, 2009.
The issues of how Monument lsland is being utilized and the impacts these uses have both
on the ecology and physical environment of the island, as well as the impacts on the Miami
Beach residents adjacent to the island, have been on-going points of discussion.
In an effort to address these and other issues, the Administration formed a working
committee comprised of interested1 impacted residents1HOA representatives;
representatives from community organizations; members of various city boards; and
committees, including the Marine Authority, Waterfront Protection Committee and the Parks
and Recreational Facilities Advisory Board; and city staff from the City Manager's Office,
Police, Planning, Parks and Recreation, Code and Public Works. The group met twice to
discuss the issues. From these meetings a number of potential challenges and solutions for
the operational management of the Flagler Memorial lsland have been identified.
CONCLUSION
The Administration requests this matter be referred to the Neighborhoods/Community Affairs
meeting for further discussion.
Ii'\Consent\Flagler Memorial (Monument) lsland Discussion - Referral ~~~enda Item CY E
Community Affairs.doc 15 Date //-17-/0
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge Gonzalez, City Manager
FROM: Michael Gongora, Commissione
DATE: November 10, 2010
SUBJECT: Referral ltem for November 17 Commission Meeting
Please place on the November 17 Commission meeting consent agenda a
referral to the Land Use Committee for discussion to tighten the city ordinance
involving conditional use procedure for second hand stores. It has come to my
attention that several secondhand dealers are operating without having to go
through the conditional use process with the Planning Board and without holding
a public hearing like pawn shops do. If you have any questions please feel free
to contact my aide Diana Fontani at ext 6087.
Agenda ltem cyF
Date /I-/ 7- 10
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Matti Herrera Bower, Mayor /@'& w l-4 5
DATE: November 10,2010
SUBJECT: Consent Agenda Item: Referral to Land Use Committee
Please place on the Nov. 17, 2010 Commission meeting agenda a referral to the
Land Use Committee of a discussion regarding a request by members of the La
Gorce neighborhood to return sections of Pine Tree and La Gorce drives to two-way
lanes. Staff should prepare a report on the potential issues involved, including
engineering options, safety, and cost.
I thank you in advance for your cooperation in this matter. If you have any
questions, please do not hesitate to contact Rebecca Wakefield at extension 6157.
Thank you.
We ore cornmiffed to provrding excellent service ond sofefy fo all who I~ve, work, and ploy in our 4
Agenda Item eY 6-
I
I Date /I&/ 7- /U
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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 Manager
Date: November 17,2010
Subject: REPORT OF THE CAPITAL IMPROVEMENT PROJECTS
OVERSIGHT COMMITTEE MEETING OF SEPTEMBER 13,2010
The meeting was called to order at 5:41 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:
hftp:// www. miamibeach fl.gov/video/video. asp
ATTENDANCE
See attendance sheet copy attached.
REVIEW AND ACCEPTANCE OF MINUTES
The following revisions were requested to the May 12, 2010 Meeting
Minutes:
Saul Gross noted that the minutes stated that the Chair approved items 1 and 2 of the
May 12, 2010 meeting. Chairman Gross noted that the Committee approved the items
and that the minutes should reflect that.
The following revision was requested to the July 12, 2010 Meeting
Minutes:
1) Eleanor Carney stated that Commission item pertaining to South Pointe 3, 4 and 5
(page 5) was not approved by the Committee. The July 12, 201 0 minutes reflect
that statement.
2) Eleanor Carney stated that the minutes should reflect that the Commission Item
pertaining to Fire Station No. 2 (page 5) state "negotiate unit pricing for spalling
on a linear foot basis for beams, under stairs, etc., prior to the issuance of Notice
to Proceed 2 for Fire Station 2."
MOTION: AMEND MAY AND JULY MINUTES
MOVED: Christina Cuervo 1 ", Eleanor Carney 2nd
PASSED: Unanimous
PUBLIC COMMENTS
No public comments were provided.
' Agenda Item C6 A
I Date 4-/7-/U
ClPOC Committee Meeting Minutes from September 13, 2010
Page 2 of 5
COMMISSION ITEMS
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE AN
AMENDMENT TO THE CONSTRUCTION SERVICES AGREEMENT BETWEEN THE
ClTY OF MIAMI BEACH AND M. VILA & ASSOCIATES, INC. (MVA), DATED JUNE 3,
2009, FOR THE CONSTRUCTION OF THE HISTORIC ClTY OF MIAMI BEACH RIGHT
OF WAY INFRASTRUCTURE IMPROVEMENTS PROJECT, NEIGHBORHOOD NO. 9A,
ClTY CENTER; IN THE NEGOTIATED NOT TO EXCEED AMOUNT OF $874,193.54,
TO PROVIDE CONSTRUCTION SERVICES FOR RIGHT OF WAY AND
INFRASTRUCTURE IMPROVEMENTS SURROUNDING THE NEW WORLD
SYMPHONY CAMPUS (NWS), PENNSYLVANIA AVENUE GARAGE, AND LINCOLN
PARK PROJECTS LOCATED WITHIN THE ADJACENT ClTY CENTER COMMERCIAL
DISTRICT BID PACKAGE 9B PROJECT AREA; AND FURTHER AUTHORIZING
$87,419.35 AS A PROJECT CONSTRUCTION CONTINGENCY; WITH FUNDING
AVAILABLE FROM THE PREVIOUSLY APPROPRIATED FUNDS IN THE ClTY CENTER
BID PACKAGE 9B RDA CONSTRUCTION FUND 365.
MOTION: Committee agrees with/approves the direction that the project is following.
MOVED: Stacy Kilroy Ist1 Eleanor Carney Pd
PASSED: 5 - 7 (Objected by Fred Karlton)
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI
BEACH, FLORIDA, AUTHORIZING ADDITIONAL FUNDING IN THE AMOUNT OF
$335,000 FOR CONSTRUCTION CONTINGENCY FOR SANITARY SEWER MAINS
IMPROVEMENTS ALONG INDIAN CREEK DRIVE BETWEEN 26TH AND 41 '' STREETS
CONSTRUCTION PROJECT; FUNDING FOR THIS HAS BEEN PREVIOUSLY
APPROPRIATED FROM THE WATER AND SEWER GULF BREEZE FUND 423.
MOTION: : Committee agrees with/approves the direction that the project is following
MOVED: Stacy Kilroy Is'/ Christina Cuervo Pd
PASSED: Unanimous
REQUESTED REPORTS
Public Works to Report on process to request a one-way street.
Fernando Vazquez from Public Works invited Jeff Cohen and Dr. Chen from Miami-
Dade County to present in reference to the traffic flow study on Sunset I, 11, Ill and IV.
Mr. Cohen stated that the County conducted a study to see what was feasible. The
alternative that the County observed was that the existing width of the street would be
retained and converted into one 1 Oft. lane in one direction and a paved shoulder using
the remainder of the pavement which is about 4ft. This paved shoulder would function
for pedestrians and possibly the disabled. Fernando Vazquez stated that the County is
requiring the City to implement the 1 Oft. street.
CIPOC Committee Meeting Minutes from September 13, 2010
Page 3 of 5
Jeff Cohen replied by saying that the County is suggesting this to the City not requiring
the City to do so. Saul Gross asked if the disability police have looked into this. Mr.
Vazquez replied, "No". Saul Gross asked Mr. Vazquez to look into this further with the
disability police.
Public Works to Provide Stormwater Management Master Plan Report
for the Flamingo Neighborhood
Fernando Vazquez reported that the plan is on track. Packages will go out in
December of this year. CDM is finalizing the model calibration for Flamingo. Mr.
Vazquez reported that they are trying to get it into a Design Build package so it may
go out to bid in the beginning of the year.
Public Works to Report on Age and Condition of Pipes in the Bayshore
Neighborhood
Mike Alvarez from Public Works reported that CIP will be replacing 80-90% of the
pipes that are 6" inches and below, 8" inches and above stay. The 12" inch, 16" inch
and 2" inch pipes remain. Saul Gross recommended using a chart of the different
water lines, concerning their age and updates, a chart that the Committee would be
able to easily read. The 6" pipes are being replaced to larger diameter pipes for
system pressure, not due to interior or exterior corrosion.
Staff Action: Mike Alvarez to return to next meeting with report using as a an example
the chart shown on page 75 of the September 13, 20 10 ClPOC Agenda for South
Pointe 3,4 and 5.
Public Works to Present Large Map Showing the Outfall Cleaning
Schedule for the Venetian Islands
Mike Alvarez from Public Works reported that the outfall pipes were cleaned in
November 2009. CIP thru JOC gave Envirowaste the contract to clean the outfalls in
February 2010. Eleanor Carney stated that when the engineers went out after the
report was done they saw barnacles in the outfall pipes. Saul Gross suggested Public
Works to look into a material that will reduce subsequent maintenance.
DISCUSSION
South Pointe Phase I1 - Verify ADA Compliance in areas where minimum
clearances are being met with sidewalkltree pit surface material.
Charlie Carreiio from CIP reported that the appropriate City staff reviewed the
sidewalk installations and found them to be in compliance with applicable codes.
CIPOC Committee Meeting Minutes from September 13,2010
Page 4 of 5
OLD BUSINESS
CIP Website
Under Construction
Construction Update: Normandy Shores Neighborhood lmprovement
Project
A Status Report was provided in the Agenda. Charlie Carreiio reported that the project
is approaching final completion. A ribbon cutting ceremony is being scheduled and
will be held in the Normandy Shores Clubhouse.
Status Report: Venetian Island Neighborhood lmprovement Project
A Status Report was provided in the Agenda. Charlie Carreiio reported that watermain
work has begun. Eleanor Carney asked where we stand with the encroachments. Raul
Aguila reported that the street ends are primarily owned by the homeowner. The City
has an easement for street and sidewalk purposes and for utility placement. With
regard to any encroachments pertaining to the street ends the City's position is that if
it's not blocking the City's access to any existing City easements that may be located in
the street ends it would be up to the homeowner's who own the street ends to initiate
any encroachment removal process and not the City. Greg Carney, HOA President for
the Venetian Islands mentioned that the engineer for the improvement of the islands
wants to use those streetends for the purpose of putting in outfalls. Saul Gross asked
does the easement that the City have give the City the ability to put the drainage
outfalls? Fred Beckmann, Director of Public Works believes the answer is yes. Raul
Aguila stated that if the design involves new outfalls then the City needs to have access
to get to those outfalls. If the homeowner obiects legally then the City can't litigate it.
Mr. Aguila continued to explain that the City's established policy is if an encroachment
exists the City will send the homeowner a notice advising them that there is an
encroachment and to remove it.
Status Report: Royal Palm Avenue and 44'h Street Flooding Mitigation.
A verbal report was provided by Fernando Vazquez and it was reported that the City
received the DERM permit and is finalizing the South Florida Water Management
permit; once that is done we are hoping to be in construction by the end of September
and be done by February.
Status Report: Palm & Hibiscus Island Undergrounding
A Status Report was provided in the Agenda. Aurelio Carmenates reported that the
Miami-Dade Board of County Commissioners deferred the issue to September 21,
201 0.
Status Report: Flamingo /West Avenue Neighborhood ROW
A verbal report was provided by Fernando Vazquez and noted that this project is
dependent on the Stormwater Masterplan. Small projects are being done within this
project, on 7Ih1 8th and 9"' Streets.
ClPOC Committee Meeting Minutes from September 13, 20 10
Page 5 of 5
Status Report: South Pointe Phase II Neighborhood lmprovement Project
A Status Report was provided in the Agenda.
Status Report: South Pointe Phase 3, 4 and 5 Neighborhood
lmprovement Project
A Status Report was provided in the Agenda.
Flamingo Park
A Status Report was provided in the Agenda.
Meeting was adiourned at 7:45pm
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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
FROM: Jorge M. Gonzalez, City Manager
DATE: November 17, 2010
SUBJECT: REPORT OF THE NEIGHBORHOODSICOMMUNlTY AFFAIRS COMMITTEE
MEETING HELD ON TUESDAY, OCTOBER 5,2010.
A meeting of the Neighborhoods/Community Affairs Committee was held on Tuesday, October 5,
201 0 at 2:30pm in the City Manager's Large Conference Room, 4'h Floor, City Hall. Commissioners
in attendance: Commissioners Jerry Libbin, Michael Gongora (arrived at 2:49pm), and Jonah
Wolfson (arrived at 3:40pm). Members from the Administration and the public were also in
attendance. Please see the attached sign-in sheet.
THE MEETING OPENED AT 2:46 PM.
1. UPDATE REGARDING THE STATUS OF EFFORTS MADE BY THE ADMINISTRATION TO
ENCOURAGE FDOT TO RE-STRIPE THE LANES IN THE MID-BEACH AREA ALONG
ALTON ROAD. (3:30PM)
Mr. Fred Beckmann, Public Works Department Director explained that the Florida Department of
Transportation (FDOT) has agreed that any on-street parking lanes that do not meet the
minimum seven (7) foot width on Alton Road will be re-striped at FDOT's cost. Mr. Chris Tavella
of FDOT added that those spaces that do not meet the minimum width will be re-striped and
widened by one foot. Mr. Beckmann asked for authorization from the committee to proceed in
this direction at FDOT's expense. Commissioner Gongora made the motion to proceed. Motion
was seconded by Commissioner Libbin.
Gabrielle Redfern spoke.
Gerry Goldstein spoke.
Mr. Beckmann continued by reviewing the discussion with the Alton Road Homeowner's
Association and explained the Transportation Design for Livable Communities (TDLC)
standards. Mr. Tavella elaborated further on the TDLC.
ACTION: The committee (Commissioners Libbin and Gongora present) moved to direct staff to
move forward with working with FDOT to re-stripe and widen those parking lanes on Alton Road
from Michigan Avenue to 63rd Street that do not meet the minimum required width of seven (7)
feet, at the cost of FDOT. (Vote 2-0)
2. DISCUSSION REGARDING AN ORDINANCE AMENDING CHAPTER 46 OF THE MIAMI
BEACH CITY CODE, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE Ill THEREOF,
ENTITLED "LITTER," BY AMENDING SECTION 46-92 TO CLARIFY AND PROVIDE FOR
ADDITIONAL PROHIBITIONS AND DEFINITIONS FOR LITTER WITH REGARD TO LEAF
BLOWERS AND YARD MAINTENANCE DEBRIS, AND CLARIFYING PENALTIES FOR
Agenda Item C 6 fi
Date 11- 17-10
City Commission Memorandum
November 17,2010
Report of the Neighborhoods /Community Affairs Committee of October 5, 2010
Page 2 of 5
CERTAIN LITTER VIOLATIONS; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE. (3:48 PM)
Commissioner Gongora introduced this item.
Commissioner Libbin stated that he is in favor of any measures against littering; however, as
long as the legislation is enforceable.
Fred Beckmann, Public Works Department Director, explained the environmental impact of leaf
blowers on air quality and the effects when the debris ends up in the catch basins, storm water
infrastructure, and Biscayne Bay.
Cynthia Curry, Building Department Director, explained that while initially reviewing the
implementation of the ordinance, it was not anticipated to be of great fiscal impact, and that it
may actually be overestimated in the memorandum. There would be no need for a special detail
to enforce this ordinance as it would be part of a Code Compliance Officer's routine detail.
However, the offense would have to be witnessed by the Code Compliance Officer in order for
enforcement action to take place. An education campaign was included in the fiscal impact
because it would be reasonable to let the public know that this is something that staff will be
looking at in the future and will be enforcing if violations continue beyond the education
campaign.
Jorge Gomez, Assistant City Manager, added that it is important to note that the Litter ordinance
is in place and this amendment refines and adds the fact that if a leaf blower is used to distribute
the debris, a fine will be issued. Commissioner Gongora asked why the fine structure is limited
to $500. Debora Turner, First Assistant City Attorney, responded that the fines can be increased
if that is the desire of the Commission.
Frank Del Vecchio spoke.
Gerry Goldstein spoke.
Carla Probus spoke.
Commissioner Gongora made the motion to move the proposed ordinance amendment forward
to the next meeting of the full City Commission. Motion seconded by Commissioner Libbin.
ACTION: The committee (Commissioners Libbin and Gongora present) moved the proposed
ordinance amendment forward to the next meeting of the full City Commission. (Vote 2-0)
3. DISCUSSION REGARDING STALLED CONSTRUCTION PROJECTS AND CODE
VIOLATIONS. (4:OO PM)
Commissioner Libbin introduced the item for discussion and explained that he was unaware that
this was part of a discussion at the Land Use and Development Committee. He expressed his
concern regarding the abandoned project across from Fairway Park.
Commissioner Gongora explained some discussions at the Land Use and Development
Committee have been to require a bond for projects so that there would be funding for property
maintenance work that needs to be done if a project is stalled or abandoned, rather than having
to spend City funds to take corrective action and then lien the property. Commissioner Libbin
stated that he would support a bond requirement.
Cynthia Curry, Building Department Director, explained that she will be taking the lead to resume
the meetings with the departments that were involved in the Abandoned Property Initiative
working group to implement those things that have not already been implemented from the
30
City Commission Memorandum
November 17,2010
Report of the Neighborhoods /Community Affairs Committee of October 5, 2010
Page 3 of 5
report on the Abandoned Property lnitiative from the Land Use and Development Committee
meeting of April 6, 2009.
Commissioner Wolfson asked for clarification as to why compliance periods and notification
periods are longer when cases are heard at Special Master in order to declare a property a
nuisance. Ms. Curry will explore this further as part of the Abandoned Property Initiative working
group.
Commissioner Libbin asked for more specific time frames to be declared in the steps for
"Established Monitoring Policies" as outlined in the April 6, 2009 memo to the Land Use and
Development Committee.
Frank Del Vecchio spoke.
Commissioner Libbin asked for a report as to the last time there was an inspection at the
abandoned construction project across from Fairway Park.
Jorge Gomez, Assistant City Manager, stated that a problem with requiring a bond on an
existing project that has been abandoned is that typically there is no one to collect the money
from. An ordinance requiring a bond would come into play in the event a developer comes back
to reinstate an abandoned project or re-approve it. When the project is kept alive through the
six (6) month inspection process, the developer retains their rights.
Hilda M. Fernandez, Assistant City Manager, added that the bond would only be able to be used
prospectively and the City could not apply it to any expenses that have already been incurred by
the City. She stated that the City can condition the pulling of a new permit with satisfying any
outstanding bills.
Mr. Gomez reminded the members of the committee of the State Bill that passed giving
construction projects a two (2) year extension of time.
Commissioner Wolfson stated that he believes the best method for future prevention is to deal
with this on the bond issue and for present problems to continue using the lot clearance
procedures that former Building Department Director Alex Rey had in place.
Carla Probus spoke.
Commissioner Gongora made a motion to refer this discussion to the Land Use and
Development Committee, adding it to that Committee's discussion on bonding for future
projects. Motion seconded by Commissioner Libbin.
ACTION: The committee (Commissioners Libbin and Gongora present) moved to refer this
discussion to the Land Use and Development Committee, adding it to that committee's
discussion on bonding for future projects. (Vote 2-0)
4. CONSIDERATION OF A PUBLIC ART PROJECT BY THE ARTIST TOBIAS REHBERGER TO
BE COMMISSIONED FOR PLACEMENT IN SOUTH POINTE PARK, AS RECOMMENDED BY
THE ART IN PUBLIC PLACES COMMITTEE (AiPP).
(254 PM)
Max Sklar, Cultural Affairs and Tourism Development Director, reviewed the background and
proposal as outlined in the agenda package. He explained that after a very lengthy process, the
AiPP Committee is unanimously recommending to the Neighborhoods1Community Affairs
Committee and to the full Commission Tobias Rehberger's "Lighthouse" project as Art in Public
3 1
City Commission Memorandum
November 17,2010
Report of the Neighborhoods /Community Affairs Committee of October 5, 2010
Page 4 of 5
Places for South Pointe Park. Mr. Sklar also reviewed the next steps to go forward with the
project, including the Design Review Board and the City Commission.
Jeremy Chestler, Chair of the AiPP Committee, spoke regarding the artist and project.
Commissioner Libbin asked how long the project would take for completion, once it receives the
green light. Dennis Leyva, Redevelopment Specialist, responded that the project would be
ready for Art Basel 201 1. Commissioner Libbin expressed his gratitude to the members of the
AiPP Committee for all the time and effort they put into their work. He added that he would be
happy to support this project.
Commissioner Gongora stated that he was curious to hear from the public as he is not an art
expert and will need to be convinced as to why this is the best project. He also asked to hear
from the Administration as to how this project may impact the off-leash area for dogs in the park.
Jocelyne Katz spoke.
Elizabeth Resnick spoke.
Rosa Lowenger spoke.
Carla Probus spoke.
Hilda M. Fernandez, Assistant City Manager, addressed concerns with the current condition of
certain parts of the park, explaining that funding has been allocated to address these issues with
the start of Fiscal Year 201 011 1.
Lissette Olemberg Goldstein spoke.
Mariangela Capuzzo spoke.
James Weingarten spoke.
Silvia Cubina spoke.
Frank Del Vecchio spoke.
Gerry Goldstein spoke.
Alberto Chehebar spoke.
Commissioner Gongora reiterated his concern with the possibility of displacement of the off-
leash area. Ms. Fernandez explained that there may be some impact during construction;
however, she would expect that the "Lighthouse" and the off-leash area should be able to
coexist. If the Commission wishes, the Administration could look for an alternate area for the
dogs in the park; however, this location has some easily identifiable markers that identify the
area. She reminded the members of the committee that the off-leash area is a pilot program that
must be reauthorized after December and that its current location was authorized by the
Commission with full knowledge that it was the site of the public art project for the park. She
added that when the issue of the off-leash area comes back to Commission in December,
should it be the will of the Commission to continue with the program, the Administration can
proffer alternative locations for the off-leash area.
Commissioner Gongora made a motion to recommend moving the project forward for now and
requested a briefing in more detail regarding the project and the Artist, including having the
Administration return to the NCAC in November to provide ideas for what to do with the off-leash
area for dogs during construction, as well as a detailed report to the Commission as a whole,
regarding all the other issues/problems at the park. Commissioner Libbin asked that the report to
Commission include timelines and objectives of correcting the problems in the park. Motion was
seconded by Commissioner Libbin.
ACTION: The committee (Commissioners Libbin and Gongora present) moved to recommend
moving the project forward for now and requested a briefing in more detail regarding the project
32
City Commission Memorandum
November 17,2010
Report of the Neighborhoods /Community Affairs Committee of October 5, 2010
Page 5 of 5
and the artist, asked that the Administration return to the NCAC in November to provide ideas
for what to do with the off-leash area for dogs during construction, as well as a detailed report to
the Commission as a whole regarding all the other issues/problems at the park with timelines
and objectives for correcting the problems. (Vote 2-0)
5. DISCUSSION REGARDING THE RENAMING OF THE HANDBALL COURTS AT FLAMINGO
PARK IN HONOR OF RICHARD BOWER, MAYOR BOWER'S LATE HUSBAND. (2:46 PM)
Hilda M. Fernandez, Assistant City Manager, explained that the handball courts were dedicated
to the memory of the late Robert C. Haas, approved by the City Commission on July 1, 1964,
and that there is currently a plaque stating that fact on the wall of the courts. Commissioner
Libbin asked if a name could be added as he would prefer not removing someone's name. Ms.
Fernandez stated that options may include removing a name, adding a second name or finding
another way to memorialize Mr. Bower.
Jose Smith, City Attorney, suggested amending the ordinance to exempt the handball courts
from the operation of the naming ordinance so that a referendum would not be required. Raul
Aguila, Deputy City Attorney, explained that the naming ordinance has a distinction for naming
inside a public facility which does not require a referendum and following that same logic, an
amendment to the ordinance could be crafted to define certain components within parks, such
as playgrounds, tot lots, handball courts, and discrete components of parks that would not rise to
the level of a referendum. They would, instead, go to Committee then to Commission, as do the
interiors of public facilities.
Commissioner Gongora made a motion to direct Legal to craft language to amend the naming
ordinance to remove certain components of parks from the referendum requirement and return
to the NCAC with that recommended language. Motion was seconded by Commissioner Libbin.
ACTION: The committee (Commissioners Libbin and Gongora present) moved to direct Legal to
craft language to amend the naming ordinance to remove certain components of parks from the
referendum requirement and return to the NCAC with that recommended language. (Vote 2-0)
THE MEETING ADJOURNED AT 4:20 PM.
Note: The remaining 2010 meeting of the Neighborhoods/Community Affairs Committee is -
scheduled for Tuesday, December 14, 2010 in the City Manager's Large Conference Room, 4th
Floor of City Hall.
T:\AGENDAY201 O\November 17\Consent\NCAC Report - October 5-2010.doc
NElGHBORHOODSlCOMMUNITY AFFAIRS COMMITTEE October 5,2010 SIGN-IN SHEET PLEASE PRINT LEGlBL Y I We are cornmifled to providing excellent public service and safely to all $0 live, work, and play in our vibrant, hopicol,. hisloric communily. j
NElGHBORHOODSlCOMMUNITY AFFAIRS COMMITTEE October 5,201 0 SIGN-IN SHEET PLEASE PRlNT LEGIBLY
MIAMI BEACH
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 Manager f
DATE: November 17, 2010
SUBJECT: REPORT OF THE OCTOBER 25, 2010 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A meeting of the Land Use and Development Committee was held on October 25, 2010.
Commissioners Gongora 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 4:10 pm.
OLD BUSINESS:
1. ORDINANCE AMENDMENT - EXPAND THE PUBLIC NOTICE PERIOD
FOR ALL FOUR LAND USE BOARDS FROM 15 DAYS TO 30 DAYS
DISCUSSION REGARDING A REQUEST FROM THE GLBT
COMMITTEE TO ALLOW EXTENDED HOURS OF OPERATION OF
CERTAIN NIGHTLIFE VENUES DURING FOUR MAJOR LGBT
TOURISM AND FUNDRAISING WEEKENDS - WINTER PARTY,
WHITE PARTY, GAY PRIDE AND AQUA GIRL.
AFTER-ACTION: Hilda Fernandez introduced the item, and explained that since
2000, the City Commission has been allowing alcoholic beverage establishments
that hold 5:00 a.m., occupational licenses to extend their hours of operation to 7 a.m.
during holiday or major event weekends, such as New Year's Day, during Winter
Music Conference, and others. However, this has been for all such establishments,
and not simply for a limited number of establishments which may be involved with a
particular special event. The Committee discussed the matter further, and confirmed
that any extension of hours would apply to all qualifying establishments.
Commissioner Gongora expressed a preference to extend the hours for the White
Party and Winter Party only.
MOTION: GongoralTobin (vote 2-0)
Move the proposal to the full City Commission, with the extension of hours for only
the White Party and Winter Party.
2. DISCUSSION ON THE ISSUANCE OF A REQUEST FOR PROPOSAL
(RFP) TO CONDUCT A STUDY FOR THE DEVELOPMENT OF A CITY-
WIDE TRANSPORTATION AND PARKING PLAN.
AFTER-ACTION: Commissioner Tobin introduced the item, explaining his request
at the September 15, 201 0 City Commission meeting to forward to the Land Use and
Development Committee a discussion of the possible issuance of a request for
proposal to develop a city wide Transportation Plan. The purpose of the Plan would
I Agenda Item C 6 C
Date I/- / 7-10
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of October 25,2010
Page 2 of 2
be to provide a tool to define all of the transportation projects that would need to be
included to maintain mobility within the City and to serve as a guiding document to
work with upcoming developments to have a better understanding of what
improvements would be needed in the City's transportation system, including
intersections along major transportation corridors, such as Alton Road. This would
help the City to be prepared when future development or other transportation
improvements occurred to proactively develop plans and policies that would assist
the City in achieving consistency of implementation as well as coping with
anticipated transportation deficiencies. The Committee discussed various
transportation issues, such as the cost to reduce headway on the South Beach Local
bus route, and the status of the "Baylink project. Staff explained how several
studies have been performed in recent years, and many of these results could be
combined into an implementation plan. The issue of parking was discussed, and an
update to the previous Walker parking study was contemplated. This would most
ideally be included in any study by focusing on linking future mobility improvements
with opportunities for synergies with parking facilities, such as park-and-ride, multi-
modal facilities, and other land use and development policies and incentives.
MOTION: TobinIGongora (vote 2-0)
Return in one month with additional information on how the proposal should be
further developed and structured.
Attachment $~~-PGL
JMGIJ GIRGL
T:\AGENDAl2OlO\November 17\Consent\LUDC Meeting of October 25, 2010.docx
LAND USE AND DEVELOPMENT COMMITTEE MEETING October 25, 201 0 @ 4:00 pm City Manager's Large Conference Room
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AMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMITTEE MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez @%C 4M&
DATE : November 17,2010
SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE
MEETING OF October 14,2010.
OLD BUSINESS
1. Discussion regarding an amendment to a resolution regarding assignment
of a police officer to the Police Athletic League (PAL)
ACTION
ltem Deferred
2. Request for approval to issue a Request for Proposals (RFP) to provide
parking cashierslattendants and supervisors for the City's parking garages.
a) criteria for evaluations
b) add a labor peace clause
The Committee recommended:
not adding a labor peace clause to the RFP
staff to define "corporate responsibility" and bring it back to the November
3, 2010 Finance & Citywide Projects Committee meeting
changing the weight of the evaluation criteria
the revised RFP be brought to the November 17, 2010 Commission meeting
Parking Director Saul Frances presented the item and gave a brief synopsis of the
memo.
Commissioner Jonah Wolfson asked what was meant by peace agreement. Mr.
Frances stated that SElU had been seeking a labor peace agreement with the current
contractor and asked if there was a position that the City wished to take on it or whether
a contractor should agree to a peace agreement. Commissioner Wolfson expressed his
opposition to adding a labor peace clause in the RFP. Raul Aguila, Deputy City
Attorney, recommended that if the Committee wanted to include a labor peace clause, it
be made a requirement in the RFP so that the proposer has to reach an agreement with
its employees ahead of time. Discussion ensued. The Committee recommended nnt
adding a labor peace clause to the RFP. 1 Agenda Item C 6 D
Date //-I 7 -10
Chairperson Weithorn was concerned about the weighting scale for the evaluation
criteria. Commissioner Wolfson asked when the lmpark contract ends. Mr. Frances
stated that the first three (3) year term ends on August 201 I and that there are two (2)
one (1) year renewal options. Chairperson Weithorn suggested moving forward with the
RFP, going out to bid before the lmpark contract ends, and awarding the contract to a
new vendor to start after the lmpark contract ends. Commissioner Wolfson asked Mr.
Frances to explain the differences between the previous RFP and the one currently
presented. Mr. Frances stated the current RFP states what the structure will be for
cashiers and attendants, how many hours the City will use, how much will be paid for
those hours, which includes the Living Wage, it asks what the cost to the vendor would
be to provide supervisors that would also receive the Living Wage, and a cost plus
portion. Commissioner Wolfson asked Chief Financial Officer Patricia Walker if she felt
that the current RFP was better than the previous one. Ms. Walker stated that the
current RFP was better because it solidifies the cost to the City.
The evaluation criteria were discussed the Committee was concerned with having price
weighted at sixty (60) points out of one hundred (100) points. City Manager Jorge
Gonzalez suggested reducing the amount of points given for price and including a new
criterion to give points for "corporate responsibility" that addresses issues such as labor,
time off and employee benefits.
Evaluation Criteria:
o Experience and Qualifications of the Proposer
o Experience and Qualifications of Management Team
o Annual Contract Cost for Guaranteed Hours and
Hourly Billing Rates for Additional Hours
o Corporate Responsibility
o Methodology and Approach
o Past Performance (due diligence)
Weight
15 pts
15 pts
40 pts
10 pts
10 pts
10 t3ts
100 pts
The Committee recommended:
not adding a labor peace clause to the RFP
staff to define "corporate responsibility" and bring it back to the November 3,
2010 Finance & Citywide Projects Committee meeting
changing the weight of the evaluation criteria
the revised RFP be brought to the November 17, 2010 Commission meeting
NEW BUSINESS
3. Discussion regarding a proposed lease agreement with Miami Police
Federal Credit Union, for use of 196 square feet of office space within the
Miami Beach Police Department building.
ACTION
The Committee approved the proposed lease and recommended that the lease be
brought to the full Commission.
Assistant City Manager Hilda Fernandez presented the item.
On December 8, 2004, the Mayor and City Commission adopted Resolution No. 2@4-
25762, approving a lease agreement between the City of Miami Beach and the Miami
Police Federal Credit Union (MPFCU) for use of approximately 196 square feet of
ground floor office space within the Miami Beach Police Department Building, located at
1100 Washington Avenue, Rooms 110 and I1 1. This lease provides both the tenant
and the tenant's customers (employee members of the MPFCU) with a location that
offers convenient access to their services.
The initial term of the lease was for a period of thirty-five (35) months, from November I,
2004 through September 30, 2007. The lease agreement also provided for one
additional three (3) year renewal term; this renewal term was exercise and the renewal
period commenced on October 1, 2007. The lease, which expired on September 30,
2010, also provided for a rent of one dollar ($1.00) per year and additional rent of two
hundred forty-five dollars ($245.00) per month.
In February 2006, the Miami Police Federal Credit Union changed its name to the United
Police Credit Union (Credit Union).
The Credit Union has expressed its desire to remain at its current location and enter into
a new lease agreement with an initial term of three (3) years, with one (1) additional
three (3) year renewal option, at the City's sole discretion. The Administration deems
that the proposed lease agreement with the Credit Union is in both the City's and its
employees' best interest. Based on the aforementioned, the Administration
recommends that the proposed lease agreement be approved.
The Committee approved the proposed lease and recommended that the lease be
brought to the full Commission.
4. Discussion of a request from ECOMB, Inc., for an amendment to its Lease
ACTION
The Committee approved the proposed lease amendment and recommended that
the lease be brought to the full Commission.
Assistant City Manager Hilda Fernandez presented the item.
On December 9, 2009, the Mayor and City Commission adopted Resolution No. 2009-
27283, approving the lease agreement between the City of Miami Beach and ECOMB,
Inc. for use of approximately 1,251 square feet (comprised of 209 SF of office space and
1041 SF of exterior covered space) of City-owned property, located at 210 Second
Street, Miami Beach, Florida. The approved lease agreement was for an initial term of
three (3) years and sixteen (16) days, commencing on December 15, 2009, with one
additional three (3) 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 of $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, 2010, the Mayor and City Commission referred
ECOMB's request to the Finance & Citywide Projects Committee for discussion.
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.
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 ECOMB1s 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 waster
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 $13.78.
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 consideration of this information, the Administration asked for a recommendation on
whether to amend the lease agreement to reflect a reduced fee relating to the water and
sewer costs for the leased premises. The Committee approved the proposed lease
amendment and recommended that the lease be brought to the full Commission.
5. Discussion of a request from Miami Beach Film Society, Inc., for an
amendment to its lease agreement
ACTION
The Committee approved the proposed lease amendment and recommended that
the lease be brought to the full Commission.
Assistant City Manager Hilda Fernandez presented the item.
On September 3, 2009, the Finance and Citywide Projects Committee considered,
approved, and forwarded to the full Commission for consideration a proposed lease
agreement between the City of Miami Beach and the Miami Beach Film Society, Inc.,
d/b/a Miami Beach Cinematheque (Cinematheque), for use of approximately 2,523
square feet of City-owed property, located at 1130 Washington Avenue, lSt 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 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, 2010 to allow the Cinematheque sufficient time
to prepare build-out plans to submit for permitting (at lease five (5) 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 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; the Cinematheque was agreeable with assuming demolition in
exchange for the additional month tenant improvement credit. As such, the proposed
rent commencement was June 1, 2010. At that time the Cinemetheque's estimated
construction costs were $150,000.
On December 9, 2009, the Mayor and City Commission adopted Resolution No. 2009-
27282, approving the lease agreement between the City and the Cinematheque. As per
the Commission's approval of the lease, the Cinematheque provided half of the required
security deposit subsequent to lease execution and the second half on June 1, 2010.
This second half was 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 1'' - or nine (9) months from Committee approval (six
months from lease approval).
The Cinematheque has been paying its monthly rent ($4,205) since June 1, 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 ahs 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 until August 17, 2010. In light of the delay in
completing the build-out, the estimated costs of the build-out and the inability to operate
in the leased space to generate revenue, 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. The
total value of the Cinematheque's request for an additional five (5) month rent abatement
and credit of half of the security deposit paid (equivalent to one month's rent) is $21,025
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
was approved, commencing in November 2010 and including the application of the
credit of one month's rent; the Cinematheque would not recommence paying rent until
May 201 1.
The Committee approved the proposed lease amendment and recommended that the
lease be brought to the full Commission.
6. Discussion regarding the Miami Beach Festival of the Arts and potentially
contracting with a professional art festival company to produce the Festival
for the City
ACTION
The Committee recommended not issuing a Request for Proposal (RFP), moving
forward with Howard Alan Events for the 2011 Festival of the Arts, and that a
report on the Festival be brought back to the May 2011 Finance & Citywide
Projects Committee.
Cultural Arts & Tourism Development Director Max Sklar presented the item.
The Music and Fine Arts Board was originally created in 1962 to encourage and develop
cultural programs with the objective of making our Community a recognized leader in the
State of Florida in the field of fine arts. Subsequently, in 1974 the resolution was
amended renaming the board the Fine Arts Board. This board's new mission was to
"promote the work of contemporary visual and cultural artists, to enhance the
appreciation for the arts in the community at large, and to provide economic stimulation
to underserved neighborhoods." The annual Miami Beach Festival of the Arts was
created to fulfill this task and was produced by the City of Miami Beach from 1975
through 2002.
Taking over production of the Festival from the Parks and Recreation Department in
1999, the Office of Arts, Cultural and Entertainment relocated the Festival in 2000 to
Ocean Terrace in North Beach. In seeking a partnership with the North Beach
Development Corporation (NBDC) for promotion and marketing, a Quality of Life grant in
the amount of $15,000 was awarded in 2000 for the 2001 event. This grant was
increased to $45,000 for the 2002 event. Fiduciary responsibility and production of the
Festival of the Arts was transferred to the NBDC in 2004. NBDC produced the Festival
of the Arts for four (4) years with the help of an annual allocation from the City of
$75,000. During this time, the Fine Arts Board continued to jury the Festival with regard
to the poster artist selection, the exhibiting artist applications, the local artist program,
the children's art display and the City's portable collection.
In 2008 the City once again assumed all production responsibilities for the Festival of the
Arts. The Tourism and Cultural Development Department (formerly Arts, Culture and
Entertainment), which staffs the Fine Arts Board, managed a professional services
agreement with an event coordinator for assistance in coordinating the production of the
Festival of the Arts since 2004. In 2009, City funding for the Festival of the Arts was
reduced to $55,000 annually. This appropriation was offset by any revenue generated
from the event. Since 2008, the offset has ranged from a high of $39,026 in 2010, to a
low of $10,500 in 2009.
Over the years the Festival's quality, prestige, attendance and artist participation has
steadily dwindled. Since 2008, the Fine Arts Board has spent countless hours looking at
alternative ideas and formats to raise the caliber of the Festival of the Arts. Additionally,
the Board has also spent much time tweaking the entertainment, children's area and
other aspects of the event. Recently, the Administration met with Mr. Howard Alan,
whose company, Howard Alan Events, produces art festivals all across the county
including the Las Olas festivals and the Key Biscayne festival. Based on the current
economic market, the festival industry and the performance of our event, it was his
professional recommendation that we reposition the festival to include crafts, food,
flowers and some art, but not necessarily high-end art. He also suggested moving the
date to mid-April when it fits more into the calendar for arts and crafts events.
The Fine Arts Board discussed this at their July and August 2010 meetings and
unanimously recommended in favor of these changes. Additionally, they recommended
that the City contract with an experienced art festival producer to produce the Festival for
the City. Mr. Sklar stated that in speaking with Mr. Alan about the concept of the City
contracting with an entity such as his to produce this event, he indicated that his
company, like others, would require complete control of the event and would assume all
risk, responsibility and reward. Mr. Sklar then noted that if the City were to decide to hire
an outside producer who assumes all risk in producing the event, the City would no
longer have to appropriate $55,000 annually for the Festival of the Arts.
The Committee recommended not issuing a Request for Proposal (RFP), moving
forward with Howard Alan Events for the 201 1 Festival of the Arts, and that a report on
the Festival be brought back to the May 201 1 Finance & Citywide Projects Committee.
7. Discussion regarding parity for future sidewalk cafe fee increases
ACTION
The Committee recommended the Administration continue to do research and that
the item be brought back to the Finance & Citywide Projects Committee.
Public Works Director Fred Beckmann presented and gave a brief history of the item.
The Administration requested guidance on what was meant by parity. City Manager
Jorge Gonzalez stated that he understood that Commissioner Ed Tobin was suggesting
that in the future the sidewalk cafe fee would be on equivalent with the price per square
foot for interior space and that by establishing a date for the increases of the sidewalk
cafe fee, tenants would be able to better negotiate their rental agreement with landlords.
The Committee recommended the Administration continue to do research and that the
item be brought back to the Finance & Citywide Projects Committee.
8. Discussion regarding recent billing of Parking Impact Fees and the
possibility of a moratorium due to present economic market conditions
ACTION
The Committee asked the Administration to work on the following and
recommended that the item be brought back to the Finance & Citywide Projects
Committee meeting on December 16, or when ready:
amending the map for parking districts
provide suggestions for lowering the percentage paid per year
review the full fee of $35,000
analyze applying a credit toward the fee for providing valet parking service
what the revenue from the fee is used for
balances of customer accounts
Assistant City Manager Jorge Gomez presented the item and gave a brief synopsis of
the memo.
Chairperson Deede Weithorn asked what the economic impact of the fee was and stated
that more information would be needed to make a decision on the fee. Commissioner
Jonah Wolfson asked for a moratorium of the fee until more research could be done to
determine the appropriateness of it or reducing the full fee of $35,000. Conversation
ensued. Discussion moved to lowering the fee, changing the calculation of the yearly
fee and full fee, and reviewing the boundaries of the current parking districts.
Chairperson Weithorn opened the floor to public comment which included requests for
credit for businesses who offer valet parking services and reducing the fee. The
Committee asked the Administration to work on the following and recommended that the
item be brought back to the Finance & Citywide Projects Committee meeting on
December 16, or when ready:
amending the map for parking districts
provide suggestions for lowering the percentage paid per year
review the full fee of $35,000
analyze applying a credit toward the fee for providing valet parking service
what the revenue from the fee is used for
balances of customer accounts
9. Discussion of Lincoln RoadMlashington Collins Median
ACTION
The Committee recommended that the item be presented at the next Beautification
Committee Meeting and a report be brought back to a future Finance & Citywide
Projects Committee meeting.
Assistant City Manager Jorge Gomez presented the item.
On February 16, 2010, the Neighborhood Committee discussed the City Center
Neighborhood improvements, including the proposal for a new, raised median from
Collins to Washington Avenue. The Basis of Design Report (BODR) for the City Center
Neighborhood identified two design options for this portion of Lincoln Road and a
number of meetings were held. Consensus was reached during these community
design workshops for a design option 2, which included a landscaped median between
Collins and Washington Avenues.
Although the project has no General Obligation (GO) Bond funding, the Administration
presented the project draft BODR as an informational item during the September 12,
2005 General Obligation Bond Oversight Committee Meeting. The BODR was also
presented to the Historic Preservation Board (HPB) on October 11, 2005. The City
Commission during its October 19, 2005 meeting adopted Resolution No. 2005-26035,
approving the final BODR. The project received final approval from the HPB on January
9, 2007. On February 3, 2010 the City Commission discussed the feasibility of removing
the landscaped median from the scope of work. In order for the project to be modified in
such a manner, the City Code required the review and approval of the HPB. The City
Commission directed the Administration to make application to the HPB for a Certificate
of Appropriateness for right-of-way improvements, including the removal of the median.
On June 8, 2010, the HPB denied the request to remove the medians, and re-approved
the project, inclusive of the medians. The City Commission discussed the HPB's action
on July 14, 2010, and directed the Administration to proceed with the project inclusive of
the median. On September 20, 2010, during the adoption of the Capital Budget and
Capital Improvement Plan for fiscal year 2010/11, the City Commission referred the
issue to the F&CWP Committee. Bids for this project were opened on September 28,
2010. On October 7, 2010 the Technical Review Panel shortlisted the proposals down
to five (5) firms. Interviews were scheduled for late October 2010, where a final
selection will be made.
The Committee discussed the item and heard public comment which expressed
opposition to including a landscaped median. The Committee recommended that the
item be presented at the next Mayor's Blue Ribbon Task Force on Tourism and the
Lincoln Road Beautification Sub-committee Meeting and a report be brought back to a
future Finance & Citywide Projects Committee meeting.
COMMISSION ITEM SUMMARY
Condensed Title: I A Resolution authorizing the City Manager to apply for and accept two (2) grants and one (1) congressional I
I earmark. I
Key Intended Outcome Supported: I 1) Reduce the number of homeless; 3) Enhance mobility throughout the City. I
Supporting Data:
1 ) "The Citv's efforts to address homelessness" was a kev driver for resident resoondents in how thev view
the City asa place to live, view city government on meeting expectations and if they would recomme;ld 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 on Miami Beach; the number of homeless contacts in 2009 was 14,631
compared to 1,900 in 2003 -this indicates a 670% increase in the number of homeless contacts from 2003
to 2009; while the actual number of homeless on Miami Beach has changed from 314 in 2000 to 149 in
2010; 2) The Fire Department has experienced a 5% increase in the number of pre-hospital care calls for
service from 14,796 calls in 2000 to 15,482 calls in 2009; 3) 63.7% of respondents stated that there were
"too few" bike pathsllanes.
Issue:
Shall the City support the following funding requests and execute the related agreements?
Item SummarylRecommendation:
Approval to submit grant applications to: 1) Miami-Dade County for funding from the HotellMotel and
Homeless Management Information System (HMIS) Program in an amount not to exceed $40,000 for the
City's Homeless Outreach Program; 2) Miami-Dade County Emergency Medical Services (EMS) Program
for funding in an amount not to exceed $20,000 for the City's Fire Rescue Initiatives; and, 3) Approval of a
Local Agency Program Agreement with Florida Department of Transportation (FDOT) for funding
appropriated by the Florida Legislature in an amount not to exceed $534,000; appropriating the above funds,
and matching funds as necessary, if approved and accepted by the City, and authorizing the execution of all
necessary documents related to these applications.
I Advisory Board Recommendation: NIA
Financial Information:
Financial Impact Summary:
2
3
City Clerk's Office Legislative Tracking:
Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement
Source of
funds
Sig n-Offs:
Department Director Assistant City Manager City Manager I
Grant Not
To Exceed
Amount
$40,000
MDCEMSI
Fire Rescue Initiatives
FDOTI Middle Beach Recreational
Corridor
AMi BEACH
#
1
, Match ArnountlSource
NIA
Grant NamelProject
MDCl HotellMotel and HMlS
$20,000
$534,000
NIA
NIA
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and of the City Commission
FROM: Jorge M. Gonzalez, City Manager 4'w
DATE: November 17,2010
SUBJECT: A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO SUBMIT GRANT APPLICATIONS TO: I) MIAMI-DADE
COUNTY FOR FUNDING FROM THE HOTEUMOTEL AND HOMELESS
MANAGEMENT INFORMATION SYSTEM (HMIS) PROGRAM IN AN AMOUNT
NOT TO EXCEED $40,000 FOR THE CITY'S HOMELESS OUTREACH
PROGRAM; 2) MIAMI-DADE COUNTY EMERGENCY MEDICAL SERVICES
(EMS) PROGRAM FOR FUNDING IN AN AMOUNT NOT TO EXCEED $20,000
FOR THE CITY'S FIRE RESCUE INITIATIVES; AND, 3) APPROVAL OF A
LOCAL AGENCY PROGRAM AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR FUNDING APPROPRIATED BY THE
FLORIDA LEGISLATURE IN AN AMOUNT NOT TO EXCEED $534,000;
APPROPRIATING THE ABOVE FUNDS, AND MATCHING FUNDS AS
NECESSARY, IF APPROVED AND ACCEPTED BY THE CITY, AND
AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS
RELATED TO THESE APPLICATIONS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
1. Approval to submit an application to Miami-Dade County HotelIMotel and Homeless
Management Information Svstem (HMIS) Grant Funds in an amount not to exceed
$40,000 for the Citv's Homeless Outreach Program.
This application provides funding for two programs that were previously funded separately,
and are now combined.
HotelIMotel Funding
Miami-Dade County provides federal funding for emergency hotellmotel placement for
homeless persons. Homeless funds are specifically provided to provide emergency
hotellmotel placements of homeless individuals and families with children. This program
also provides funding for food vouchers for families while residing in placements, if food
arrangements or other resources are unavailable.
Commission Memorandum
Page 2
HMlS Funds:
The City of Miami Beach receives Supportive Housing funding on an annual basis from
~iami-dade County for the City's Homeless Outreach Program. The grant guidelines
require that all grantees participate in the County's data-tracking software system - the
Homeless Management Information System. City staff is required to input client and intake
data and maintain client files and statistical data on each person served. This is a labor
intensive requirement, currently being performed by staff in the Community Services Division
of Neighborhood Services. This grant will partially cover the salary costs associated with
one position responsible for maintaining the HMlS data. No new staff will be hired as a
result of this grant.
The City's application is for an amount not to exceed $40,000. Matching funds are not
required. This project supports the key intended outcome: reduce the number of homeless.
2. Approval for the City Manager or his desiqnee to submit an application to Miami-
Dade County Emergency Medical Services (EMS) grant for fundina in an amount
not to exceed $20.000 for the City's fire rescue obiectives
The Florida Department of Health is authorized by chapter 401, Part It, Florida Statutes to
provide grants to Boards of County Commissioners for the purpose of improving and
expanding emergency medical services. These grants are awarded only to Boards of
County Commissioners, but may subsequently be distributed to municipalities and other
agencies involved in the provision of EMS pre-hospital care. Miami-Dade County makes
these funds available to cities within the County. The funds are derived by the state from
surcharges on various traffic violations.
The Administration intends to submit an application for funding in an amount not to exceed
$20,000. Funding may be used for EMS educational materials, materials, supplies, training,
training equipment, technical rescue equipment and reference library materials. This grant
does not require matching funds.
3. Approval of the following Local Agency Pronram Agreement with Florida Department
of Transportation, for funding in an amount no to exceed $534,000 for the Middle
Beach Recreational Corridor;
The Administration requests approval to execute a Local Agency Program Agreement with
Florida Department of Transportation (FDOT) in an amount no to exceed $534,000 for the
Middle Beach Recreational Corridor Project.
The Middle Beach Recreational Corridor (MBRC) Phase 2 project consists of the
construction of an on-grade pedestrian walkway encompassing eighteen city blocks. The
path will run north from approximately 46th Street to Allison Park at 64th Street, or the
southern terminus of the North Beach Recreational Corridor Project. The path will serve as a
portion of the northlsouth connector in the larger Atlantic Greenway Network (AGN), which
supports the development of alternative means of transportation throughout the City.
Commission Memorandum
Page 3
The funding was an appropriation from the legislature and does not require matching funds.
This project supports the key intended outcome enhance mobility throughout the City.
CONCLUSION
The Administration requests retroactive approval to authorize the City Manager or his
designee to submit applications to: 1) Miami-Dade County for funding from the HotelIMotel
and Homeless Management Information System (HMIS) Program in an amount not to
exceed $40,000 for the City's Homeless Outreach Program; 2) Miami-Dade County
Emergency Medical Services for funding in an amount not to exceed $20,000 for the City's
Fire Rescue Initiatives; and, 3) Approval of a Local Agency Program Agreement with Florida
Department of Transportation (FDOT) for funding appropriated by the Florida Legislature in
an amount not to exceed $534,000; appropriating the above funds, 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 NO.
A RESOLUTION APPROVING AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO SUBMIT GRANT
APPLICATIONS TO: 1) MIAMI-DADE COUNTY FOR FUNDING
FROM THE HOTELIMOTEL AND HOMELESS MANAGEMENT
INFORMATION SYSTEM (HMIS) PROGRAM IN AN AMOUNT NOT
TO EXCEED $40,000 FOR THE CITY'S HOMELESS OUTREACH
PROGRAM; 2) MIAMI-DADE COUNTY EMERGENCY MEDICAL
SERVICES (EMS) PROGRAM FOR FUNDING IN AN AMOUNT NOT
TO EXCEED $20,000 FOR THE CITY'S FIRE RESCUE
INITIATIVES; AND, 3) APPROVAL OF A LOCAL AGENCY
PROGRAM AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR FUNDING APPROPRIATED BY
THE FLORIDA LEGISLATURE IN AN AMOUNT NOT TO EXCEED
$534,000; APPROPRIATING THE ABOVE FUNDS, 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, Miami-Dade County's HotelIMotel and Homeless Management
lnformation System (HMIS) grant provides funding for two programs; and
WHEREAS, the hotellmotel program provides federal funding for emergency
hotellmotel placement for homeless persons; and
WHEREAS, the City of Miami Beach receives Supportive Housing funding on an
annual basis from Miami-Dade County for the City's Homeless Outreach Program and
the HMIS grant will partially cover the salary costs associated with one position
responsible for maintaining the HMIS data; and
WHEREAS, the Supportive Housing grant guidelines require that all grantees
participate in the County's data-tracking software system - the Homeless Management
lnformation System and City staff is required to input client and intake data and maintain
client files and statistical data on each person served; and
WHEREAS, no new staff will be hired as a result of this grant; and
WHEREAS, the City's application for HotelIMotel and HMIS funding will be for an
amount not to exceed $40,000 and matching funds are not required; and
WHEREAS, this project supports the key intended outcome: reduce the number
of homeless; and
WHEREAS, approval is requested to submit an application to Miami-Dade
County HotelIMotel and Homeless Management lnformation System (HMIS) program in
an amount not to exceed $40,000; and
WHEREAS, the Florida Department of Health is authorized by chapter 401, Part
II, Florida Statutes to provide grants to Boards of County Commissioners for the purpose
of improving and expanding medical services; and
WHEREAS, these grants are awarded only to Boards of County Commissioners,
but may subsequently be distributed to municipalities and other agencies involved in the
provision of EMS pre-hospital care; and
WHEREAS, Miami-Dade County makes these funds available to cities within the
County; and
WHEREAS, the Administration intends to submit an application for funding in an
amount not to exceed $20,000, and this funding may be used for educational materials,
materials, supplies, training, training equipment, technical rescue equipment and
reference library materials; and
WHEREAS, this grant does not require matching funds; and
WHEREAS, approval is requested for the City Manager or his designee to submit
an application to Miami-Dade County Emergency Medical Services for funding in an
amount not to exceed $20,000 for the City's fire rescue emergency medical services
objectives; and
WHEREAS, the Administration requests approval to execute a Local Agency
Program Agreement with Florida Department o Transportation (FDOT) in an amount no
to exceed $534,000 for the Middle Beach Recreational Corridor Project; and
WHEREAS, the Middle Beach Recreational Corridor (MBRC) Phase 2 project
consists of the construction of an on-grade pedestrian walkway encompassing eighteen
city blocks which will run north from approximately 46th Street to Allison Park at 64th
Street, or the southern terminus of the North Beach Recreational Corridor Project and
will serve as a portion of the north/south connector in the larger Atlantic Greenway
Network; and
WHEREAS, the funding was an appropriation from the legislature and does not
require matching funds; and
WHEREAS, this project supports the key intended outcome enhance mobility
throughout the City.
WHEREAS, approval is requested to execute the following Local Agency
Program Agreement with Florida Department of Transportation, for funding in an amount
no to exceed $534,000 for the Middle Beach Recreational Corridor;
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH hereby retroactively approve and
authorize the City Manager or his designee to submit the following applications to: I)
Miami-Dade County for funding from the HoteVMotel and Homeless Management
Information System (HMIS) Program in an amount not to exceed $40,000 for the City's
Homeless Outreach Program; 2) Miami-Dade County Emergency Medical Services
(EMS) Program for funding in an amount not to exceed $20,000 for the City's Fire
Rescue Initiatives; and, 3) Approval of a Local Agency Program Agreement with Florida
Department of Transportation (FDOT) for funding appropriated by the Florida Legislature
in an amount not to exceed $534,000; appropriating the above funds, 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:
CITY CLERK
MAYOR
APPROVED AS TO
FORM & LANGUAGE
#. FOKEXECUTION
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
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 the Specifications for Precast Transformer Location
Agreement with Florida Power and Light Company (FPL), and grant FPL an easement to Florida
Power and Light Company for the installation and maintenance of underground conduits and a
transformer that will serve the North Shore Bandshell Park and Facilities.
I I
Key Intended Outcome Supported: I Ensure Well-Designed, Quality Capital Projects. I
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: I Shall the City Commission adopt the Resolution? I
Item Summary/Recommendation:
The North Shore Bandshell Park is a historic site, located in the heart of North Beach, on Collins Avenue,
between 72"d and 73rd Streets. There are two (2) ongoing Projects located at this Park:
Renovation of the Bandshell facility
Construction of the new North Beach Oceanfront Center
On April 14, 2010, pursuant to Invitation to Bid (ITB) No. 16-09/10 for the North Shore Bandshell Facility
Renovations Project (the Project), the Mayor and City Commission authorized the Mayor and City Clerk to
execute an Agreement with OAC Action Construction Corp. First Notice to Proceed was issued on June
16,2010, and Second Notice to Proceed was issued on July 12,2010.
As part of the Project, a new FPL transformer that will feed the park lights and facilities is to be installed
within the North Shore Park property.
As a result, FPL requires the City to record a utility easement in order to service this transformer and its
associated electric conduits.
I The CIP Office had a survey prepared that describes the easement to be recorded per FPL requirements,
attached as Attachment C. I
The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida,
approve and authorize the Mayor and City Clerk to execute the Specifications for Precast Transformer
Location Agreement with FPL, and grant FPL an easement for the installation and maintenance of conduit
and transformer that will serve the North Shore Bandshell Park and Facilities
Advisory Board Recommendation: 1 ClPOC
2
3
4
OBPl Total
Financial Information: Not applicable, no funding required.
I Financial Impact Summary: I
City Clerk's Office Legislative Tracking:
Thais Vieira x2702
. -
T:\AGENDA\2010\November 17\Consent\BandShell Park and Facilities FPL Easement - SUMMARY.doc
Approved Source of
Funds:
m MIAMIBEACH
I
Amount Account
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Memb
FROM: Jorge M. Gonzalez, City Manage
DATE: November 17,2010
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND ClTY
CLERK TO EXECUTE THE SPECIFICATIONS FOR PRECAST TRANSFORMER
LOCATION AGREEMENT WITH FLORIDA POWER AND LIGHT COMPANY (FPL), AND
GRANT FPL AN EASEMENT TO FLORIDA POWER AND LIGHT COMPANY FOR THE
INSTALLATION AND MAINTENANCE OF UNDERGROUND CONDUITS AND A
TRANSFORMER THAT WILL SERVE THE NORTH SHORE BANDSHELL PARK AND
FACILITIES.
ADMINISTRATION RECOMMENDATION
Execute the Agreement and record the easement.
FUNDING
No funding is required in order to execute the Agreement and record the easement.
ANALYSIS
The North Shore Bandshell Park is a historic site, located in the heart of North Beach, on
Collins Avenue, between 72"d and 73rd Streets. There are two (2) ongoing Projects located
at this Park:
Renovation of the Bandshell facility
Construction of the new North Beach Oceanfront Center
On April 14, 2010, pursuant to Invitation to Bid (ITB) No. 16-09/10 for the North Shore
Bandshell Facility Renovations Project (the Project), the Mayor and City Commission
authorized the Mayor and City Clerk to execute an Agreement with OAC Action Construction
Corp. First Notice to Proceed was issued on June 16,201 0, and Second Notice to Proceed
was issued on July 12,2010.
As part of the Project, a new FPL transformer that will feed the park lights and facilities is to
be installed within the North Shore Bandshell Park property. In order for FPL to locate its
facilities on City property, FPL requires the City to record a utility easement in order to
service this transformer and its associated electric conduits.
The CIP Office had a survey prepared that describes the easement to be recorded per FPL
requirements, attached as Attachment C.
Bandshell Park and Facilities - FPL easement
. . .. .
Page 2 of 2
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida, approve and authorize the Mayor and City Clerk to execute the
Specifications for Precast Transformer Location Agreement with FPL, and grant FPL an
easement for the installation and maintenance of conduit and transformer that will serve the
North Shore Bandshell Park and Facilities.
Attachment A - Specifications for Precast Transformer Location Agreement
Attachment B -Easement
Attachment C -Survey
T:~GENDA\2010\Novernber 17\Consent\BandShell Park and Facilities FPL Easement - MEMO.doc
6 1
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
ClTY CLERK TO EXECUTE THE SPECIFICATIONS FOR PRECAST
TRANSFORMER LOCATION AGREEMENT WITH FLORIDA POWER AND LIGHT
COMPANY (FPL); AND FURTHER GRANTING FPL AN EASEMENT OVER A
PORTION OF NORTH SHORE BANDSHELL PARK FOR A TRANSFORMER AND
UNDERGROUND CONDUITS THAT WILL SERVE THE NORTH SHORE
BANDSHELL PARK AND FACILITIES.
WHEREAS, on April 14, 201 0, pursuant to Invitation to Bid (ITB) No. 16-0911 0 for the
North Shore Bandshell Facility Renovations Project (the Project), the Mayor and City
Commission authorized the Mayor and City Clerk to execute an Agreement with OAC Action
Construction Corp.; and
WHEREAS, first Notice to Proceed was issued on June 16, 2010, and Second Notice to
Proceed was issued on July 12, 201 0; and
WHEREAS, as part of the Project, a new FPL transformer that will feed the Park lights
and facilities is to be installed within the North Shore Bandshell Park property, and;
WHEREAS, in order for FPL to maintain its facilities it requires that the City execute a
Specifications for Precast Transformer Location Agreement with FPL, and grant FPL an
easement over a portion of North Shore Bandshell Park for a transformer and underground
conduits to service the North Shore Bandshell Park and facilities.
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 approve and authorize the Mayor and the City Clerk to execute the
Specifications for Precast Transformer Location Agreement with FPL; and, further, grant FPL an
easement over a portion of North Shore Bandshell Park for a transformer and underground
conduits that will serve the North Shore Bandshell Park and facilities.
PASSED AND ADOPTED this day of ,2010.
ATTEST:
ROBERT H. PARCHER, ClTY CLERK MATT1 HERRERA BOWER, MAYOR
APPROVED AS TO
FORM & LANGUAGE
T:\AGENDA\2010\November I~Consent\BandShell Park and Facilities FPL Easement - RESO
62
Attachment A
Florida Power & Light Company
FPL
SPECIFICATIONS FOR PRECAST TRANSFORMER LOCATION
WORK REQUEST NO. 3941453 DATE: October 27, 2010
NAME OF CUSTOMER: CITY OF MIAMI BEACH
ADDRESS: 7251 COLLINS AVE, MIMI BEACH, FL
FPL REPRESENTATIVE: YESHUWA MAYERS/ JORGE AROCHA TEL. NO (305) 377-6125
SECONDARY DELIVERY VOLTAGE 120/208 VOLT Wye, Three PHASE, FOUr WIRE
CUSTOMER AGREES TO:
1. GENERAL:
1.1 PROVIDE A SUITABLE LOCATION, COMPACTED AND LEVEL TO 3" BELOW FINAL GRADE, FOR FPL
TRANSFORMER PAD, AND INSTALL PRIMARY CONDUIT, AND SERVICE CONDUIT/CONDUCTORS AS
SPECIFIED ON THE ATTACHED EXHIBIT "A" AND AS OUTLINED BELOW.
1.2 IT IS FURTHER UNDERSTOOD AND AGREED THAT SUBSEQUENT RELOCATION OR REPAIR OF THE FPL
SYSTEM, ONCE INSTALLED, WILL BE PAID BY THE CUSTOMER IF SAID RELOCATION OR REPAIR IS A
RESULT OF A CHANGE IN THE LAYOUT OR GRADING BY THE CUSTOMER OR ANY OF THE CUSTOMER'S
CONTRACTORS OF SUBCONTRACTORS FROM THE TIME THE UNDERGROUND FACILITIES WERE INSTALLED;
AND THAT SUBSEQUENT REPAIR TO FPL'S SYSTEM, ONCE INSTALLED, WILL BE PAID BY THE
CUSTOMER IF SAID REPAIR IS A RESULT OF DAMAGE CAUSED BY THE CUSTOMER OR ANY OF THE
CUSTOMER'S CONTRACTORS OR SUBCONTRACTORS.
1.3 NOTIFY GENERAL CONTRACTOR, ELECTRICAL CONTRACTOR AND APPLIANCE SUPPLIERS OF THE
SERVICE VOLTAGE TO BE SUPPLIED BY FPL.
2. EASEMENTS:
PROVIDE FPL WITH GOOD AND SUFFICIENT RECORDED EASEMENTS, INCLUDING LEGAL DESCRIPTIONS
AND SURVEY WORK TO PRODUCE SUCH EMEMENTS,FOR THE INSTALLATION AND MAINTENANCE OF ITS
ELECTRIC DISTRIBUTION FACILITIES MUST EX GRANTED OR OBTAINED, AT NO COST TO FPL, PRIOR
TO FPL'S ENERGIZING ITS FACILITIES.
3. SITE REQUIREMENTS:
3.1 GRADE: WITHIN THE EASEMENT, PILL OR CUT TO WITHIN 6" OF FINAL GRADE, CLEAR OF TREES,
CONSTRUCTION MATERIALS, AND OTHER OBSTACLES BEFORE AND DURING CONSTRUCTION BY FPL OR FPL
CONTRACTORS.
3.2 COMPACTION: THE CUSTOMER IS RESPONSIBLE FOR PROVIDNG COMPACTION OR OTHER SPECIAL
BACKFILL. FPL WILL NOT BE RESPONSIBLE FOR SETTLING OF THE TRENCH ROUTE.
3.3 PLANS: PROVIDE PPL WITH LOCATION AND DEPTH INFORMATION AND/OR DRAWINGS OF ALL EXISTING
OR PROPOSED UNDERGROUND FACILITIES ON THE CUSTOMER'S PROPERTY. LOCATE OR EXPOSE
UNDERGROUND FAcILITIE$ WHEN REQUESTED BY FPL.
3.4 NOTIFICATION: WITHIN FPL EASEMENT AND CONSTRUCTION ROUTE/AR'EA; PROVIDE PPL WITH AT
LEAST THREE (3) WEEKS NOTICE PRIOR TO THE COMMENCEMENT OF PAVING, LANDSCAPING,
SODDING, SPRINKLER SYSTEMS AND OTHER SURFACE WORK. CUSTOMER WILL BEAR THE COST OF
RESTORING THESE OBSTRUCTIONS TO THEIR ORIGINAL CONDITION IF ABOVE NOTICE IS NOT
PROVIDED.
4. TRANSFORMER PAD LOCATION:
4.1 LOCATION: PAD WILL BE INSTALLED AT GRADE LEVXL AND LOCATED Approx. 75 feet south and
200 feet east of IW corner of Property. SEE EXHIBIT ltA1 FOR EXACT LOCATION OF PRECAST
CONCRETE PADS, HANDHOLES, AND CONDUIT TRENCHES.
4.2 CLErnCES: A MINIMUM CL-CE OF THREE (3) FEET MUST BE MAINTAINED AT SIDES AND R&AR
OF TRANSFORMER PAD AND EIGHT (8) FEET IN FRONT OF PAD AS SHOWN ON THE ATTACHED DRAWING
an FPL Group Company
Florida Power 81 Light Company
DCS UN-21. THIS CLEARANCE APPLIES TO ALL TYPES OF OBSTRUCTIONS INCLUDING LANDSCAPING
AND FENCES.
4.3 PROTECTION: PROVIDE AND INSTALL CURBS AND/OR PROTECTIVE BARRIERS, WHEN REQUIRED, AS
DETAILED ON DCS UN-21, AFTER THE INSTALLATION OF CONCRETE PADS AND TRANSFORMERS.
CURBS AND/OR BARRIERS MUST BE IN PLACE PRIOR TO FPL ENERGIZING THE SERVICE.
4.4 FOUNDATION: PROVIDE A LEVEL AND COMPACTED BASE OF CLEAN FILL FOR FPL PAD. COMPACTED
mEA MUST BE LARGER THAN THE PAD, AS DETAILED ON EXHIBIT "A" AND THE ATTACHED
DRAWINGS. AREA DRAINAGE MUST BE AWAY FROM PAD.
5. CT METERING:
WHEN METERING CURRENT TWSFORMERS (CT'S) ARE REQUIRED, THEY WILL BE LOCATED AS
SPECZFIED ON THE ATTACHED EXHIBIT 'An AND INSTUD BY FPL. THE CUSTOMER WILL PROVIDE
AND INSTALL A 1-1/2 INCH GALVANIZED OR SCHEDULE 80 PVC CONDUIT FROM THE METER CABINET
TO THE LOCATION OF THE CT'S. CONDUIT RUN IS NOT TO EXCEED FEET IN LENGTH BETWEEN
CT'S AND METER WITH NO MORE THAN TWO 90 DEGREE BENDS UNLESS PRE-APPROVED BY FPL.
CONDUIT PULL OUTLET BOXES (LBtS) ARE NOT BE USED.
6. CUSTOMER SERVICE ENTRANCE:
6.1 GENERAL: PROVIDE AND INSTALL SECONDARY/SERVICE TO PADMOUNTED TRANSFORMER FROM
ELECTRICAL EQUIPMENT/METER ROOM.
6.2 CONDUITS: THE MAXIMUM CROSS SECTIONAL AREA TO BE OCCUPIED BY THE CUSTOMER'S SERVICE
CONDUITS, IS LIMfTED TO THE AREA GIVEN IN THE ATTACHED EXHIBIT "A". TERMINATE
CONDUITS IN PAD AT THREE INCHES ABOVE FINAL GRADE. ALL CONDUITS FOR FUTURE SERVICES
MUST BE INSTALLED AT THIS TIME.
6.3 CONDUCTOR: THE SERVICE CONDUCTORS ARE TO BE LIMITED TO A MAXIMUM OF EIGHT (8) PER
PHASE AT EACH TRANSFORMER. PROVIDE 7 FEET OF CABLE PER LIGHTING LEO AND NEUTRAL
BEYOND CONDUITS FOR CONNECTION TO FPL FACILITIES IN TRANSFORMER COMPARTMENT.
7. PRIMARY CONDUITS & GROUND RODS:
7.11NSTALL FPL PROVIDED 2-5,' PVC CONDUITS FROM PROPERTY LINE TO TRANSFORMER LOCATION AS
SHOWN ON EXHIBIT "A". CONDUITS MUST HAVE 36*' MIN COVER. FPL REPRESENTATIVE MUST
INSPECT CONDUITS PRIOR TO BACKFILL.
7.2PROVIDE SLEEVE FOR GROUND ROD WITHIN TRANSFORMER PAD IF UNDERGROUND OBSTRUCTION EXISTS
NEAR TRANSFORMER PAD LOCATION
FPL AGREES TO:
1. PROVIDE AND INSTALL CONCRETE PAD, PADMOUNTED TRANSFORMER, AND PRIMARY CABLE.
2. PROVIDE CONDUIT FOR PRIMARY CONDUCTORS.
3. PROVIDE AND INSTALL GROUND RODS AT PADS.
4. PROVIDE ELECTRONIC MARKERS FOR CUSTOMER'S INSTALLATION WHEN REQUIRED.
5. CONNECT CUSTOMER'S SERVICE CABLES TO FPL FACILITIES IN TRANSFORMER COMPARTMENT.
6. PROVIDE AND INSTALL METERING WIRING BETWEEN METER CABINET AND CT'S WHERE APPLICABLE.
7. MAINTAIN ALL EQUIPMENT AND MATERIAL INSTALLED BY FPL.
IMPORTANT:
THIS SPECIFICATION IS BASED ON THE CUSTOMER'S SUBMITTED PLANS AND ANY CHANGES IN THESE
PLANS MAY RESULT IN ADDITIONAL COSTS, WHICH THE CUSTOMER AGREES TO PAY. WHEN
REQUIRED, THE CUSTOMER AGREES TO PAY A CONTRIBUTION FOR THE DIFFERENTIAL COST BETWEEN
OVERHEAD AND UNDERGROUND SERVICE. THE AGREEMENT AND REQUIREMENTS AS OUTLINED IN THIS
SPECIFICATION, EXHIBIT "A", AND AJAL ATTACHMENTS MUST BE ADHERED TO. ANY NON-
CONFORMANCE OR CHANGES MAY RESULT IN DELAYS UNTIL THESE SPECIFICATIONS ARE MET.
ANY CHANGES OR VARIATIONS FROM THESE SPECIFTCATXONS MUST BE
SUBMITTED TO AND APPROVED BY FPL IN WRITING.
an FPL Group Company
Florida Power & Light Company
ATTACHMENTS :
PAGE 1-3 OF WRITTEN SPECIFICATIONS
UN-21.0.0
UX-114 -0.1
ELECTRIC SERVICE STANDARDS, (2 PAGES) REQUIREMENTS FOR TRANSFOXMER &
METERING EQUIPMENT
ACCEPTANCE OF SPICXFXCATIONS:
I HEREBY CERTIFY THAT I AM AUTHORIZED TO ACCEPT THESE SPECIFICATIONS ON BEHALF OF THE
CUSTOMER AND THAT I WILL DELIVER A COPY OF THESE SPECIFICATIONS TO THE CUSTOMER AND ALL
AFFECTED CONTRACTORS:
REPRESENTING THE CUSTOMER:
NAME :
TITLE :
TELEPHONE NUMBER: ( 1
SIGNATURE:
I HEREBY CERTIFY THAT I AM AUTHORIZED TO ACCEPT THESE SPECIFICATIONS ON BEHALF OF FPL:
REPRESENTING FPL:
NAME : TITLE : ENGIblEER
TELEPHONE NUMBER:
SIGNATURE :
an FPL Group Company
EXHIBIT "A"
CENTRAL DADE- MIAMI BEACH
7251 COLLINS AVE
PAD SPECS FOR NEW
300 KVA 120/208~ PADMOUNTED
TRANSFORMER
FPL
I
1 --
--
-+--- ----
I
--C-c.-- _---- ----
_L~-C_----
#--- - -c-L - - - - - z - - ---
.c- __----
SEE CUSTOMER'S LEGAL
DESCRIPTION FOR DETAILED
DIMENSIONS. DRAWING # EC-0 1
SEE UX-114.0.1
Work Request No. EASEMENT
This Instrument Prepared By Sec.2, Twp 53 S, Rge 42 E Name: Thais Vieira.CIP Deoartment
Parcel l.D.02-3202-000-0020 Co. Name: City of Miami Beach
(Maintained by County Appraiser) Address: 1700 Convention Center Drive
Miami Beach. FL 33139 Form 3722 (Stocked) Rev. 7/94 pg 1 of 3.
Attachment B
To ether with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable
an 8 conduit within the easement and to operate the same for communications purposes; the right of ingress and e ress to said f remises at all times; and further grants, to the fullest extent the undersigned has the power to grant, if at a I, the rights
[ereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining
or through sa~d property.
The undersigned, in consideration of the payment of $1.00 and other good and
valuable consideration, the adequacy and receipt of which is hereby acknowledged,
grant and give to Florida Power & Light Company, its licensees, agents, successors,
and assigns, an easement forever for the construction, operation and maintenance of
underground electric utility facilities (including transformers, cables, conduits and
appurtenant equipment) to be installed from time to time; with the right to reconstruct,
improve, add to, enlarge, change the voltage, as well as, the size of and remove such
facilities or any of them within an easement 10 feet in width described as follows:
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on ,20
ReservedforC~rcuffCourt
Signed, sealed and delivered in the presence of:
COMMENCE AT THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY LlNE OF COLLINS AVENUE AND THE SOUTH RIGHT-OF -
WAY LlNE OF 73R0 STREET AS SHOWN IN THE PLAT OF THE EROSION CONTROL LlNE OF THE ATLANTIC OCEAN, RECORDED IN PLAT
BOOK 105 AT PAGE 62, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE RUN NORTH 85"15'45 EAST AS A BASIS OF
BEARINGS, 43' SOUTH (MEASURE AT RIGHT ANGLES) AND PARALLEL TO THE NORTH RIGHT-OF-WAY LlNE OF THIRD STREET (NOW
73RD STREET) AS SHOWN IN PLAT OF THE TOWNSITE OF HARDING, PLAT BOOK 34, PAGE4, PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA FOR A DISTANCE OF 91.28 FEET TO A POINT. SAlD POINT BEING THE POINT OF BEGINNING OF THE BASE LlNE OF
A PROPOSED FLORIDA POWER AND LIGHT EASEMENT. SAlD EASEMENT HAVING A WIDTH OF 5.00 FEET TO THE LEFT AND 5.00 FEET
TO THE RIGHT OF THE FOLLOWING COURSES:
SOUTH 4'23'50 EAST FOR A DISTANCE OF 37.15 FEET;
SOUTH 8733'54" EAST FOR A DISTANCE OF 29.40 FEET;
NORTH 81 "46'38 EAST FOR A DISTANCE OF 56.29 FEET; AND
SOUTH 36'28'21" EAST FOR A DISTANCE OF 29.1 1 FEET;
THENCE HAVING A WIDTH OF 9.00 FEET TO THE LEFT AND 6.90 FEET TO THE RIGHT OF THE FOLLOWING COURSE: SOUTH 32'43'49
EAST FOR A DISTANCE OF 12.67 FEET TO THE POINT OF TERMINUS OF THE BASE LlNE OF THE HEREIN DESCRIBED EASEMENT. THE
SIDE LINES OF SAlD EASEMENT TO BE SHORTENED OR PROLONGED TO MEET AT ANGLE POINTS AND 73RD STREET RIGHT-OF-WAY
LINE. SAlD EASEMENT LOCATED IN SECTION 2, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI BEACH, MIAMI-DADE COUNTY,
FLORIDA, CONTAINING 1722 SQUARE FEET MORE OR LESS.
(Wltness' Slgnature)
Print Name:
(W ~tness)
(Wltness' Slgnature)
Print Name:
(Witness)
By:
(I-'resident's signature)
Print Name:
Print Address:
Attest:
(Secretary's signature)
Print Name:
Print Address:
STATE OF AND COUNTY OF . The foregoing instrument was acknowledged before me this - day of
, 20-, by , and respectively the
President and Secretary of , a corporation, on behalf of
said corporation, who are personally known to me or have produced as identification, and who did (did not)
take an oath. (Type of Identification)
My Commission Expires:
Notary Public, Signature
Print Name
w BLOCK 10 p.6. 34, P. 4 MDCR 73rd STREET PO I __ __ _ _ __ _ __ __ __ -. .-- - - .- . - -- -- - -- - _ _ _. .. -. -- -- -- , _-- _ .. __ _ . .. -. .- -. . ,. . -I N 85'15'45" E 91.28' - lo' L-L~;~k~~ R/W ' V) 3 uj P . -,-,- ' ,,m=e-*" ~z-~,~~,~.>c,~~,~-&--/;~.~.-z~.y- --.-=-**d'.z.J'.p*=w-" .:'-- '. *,-,.. -u:x." ..,r ". zaY=...> *-- d -. w 7' SIDEWALK I- _. -' '?'m ___,,-_ _ ,,--.. _*", __"___.__,._ X."..-"-..7-.-- -- '.^ In ,.----- ..-... ... .-,^.A % 1.--.-.---- 4 W i m --5' 5:- ;f S 87'53'54" E *.--- - 29.40;-- NORTH SHORE PARK SKETCH TO ACCOMPANY A LEGAL DESCRIPTION SUE; 1.-20- LEGAL DESCRIPTION LEGEND & ABBREVIATIONS: Commence at the point of intersection of the east right-of-way line of thence having a width of 9.00 feet to the and 6.90 feet to the right POB POINT OF BEGINNING Collins henue and the south right-of-way line of 73d Street as of the following course: South 32043'49" East for a distance of 12.67 POC POINT OF COMMENCE shown in the plat of the Erosion Control Line of the Atlantic Ocean, POT POINT OF TERMINUS recorded in Plat Book 105 at page 62, Public Records of M~~~~-D~~~ feet to the POINT OF TERMINUS of the base line of the herein Q CENTER LINE County, Florida; thence run ~~rth 85"15'45" E~~~ as a basis of described easement. The side lines of said easement to be R/W RIGHT-OF-WAY bearings, 43' south (measured at right angles) and parallel to the shortened Or prolonged to meet at angle points and 73 street right - BLDG BUILDING north right-of-way line of Third Street (now 73m street) as shown in of-way line. Said easement located in Section 2, Township 53 South, Pfat of the Townsite of HARDING, Plat 34, Page 4, public Range 42 East, City of Miami Beach, Miami-Dade County, Florida, Records of Miami-Dade County. Florida for a distance of 91.28 feet to containing 1722 square feet more or less. I I a point. Said point being the POINT OF BEGINNING of the base line of a proposed Florida Power and Light easement. Said easement having a width of 5.00 feet to the left and 5.00 feet to the right of the following courses: South 4'23'50" East for a distance of 37.15 feet: South 8753'54" East for a distance of 29.40 feet; North 81'46'38" East for a disfance of 56.29 feet; and South 36"28'2In East for a distance of 29.1 1 feet; I HEREBY CERTIFY: that this "SKETCH TO ACCOMPANY A LEGAL DESCRIPTION" Is correct and meets the Mlnlrnurn Techinloot Standards for Land Surveying In the Stote Fio!.ldu ns set torth in Chapter 472.027 (F.S.) and Chapter SJ-li of the Florida Adrnlnlstrative Code. Not valid wlthout the slgnoture o Licensed Surveyor and Mopper. I CI~ SURVEY,R REU) WORK DATE P . .M. Elo. 2916 10/13/2010 h ST .E OF FLORIDA I c, ENmMERffREC(Xm l.y~ERWRECORD 51 1 NEIGHBORHOOH 2. NORTH SHORE, PARK VIEW IS CITILU~UCER XU~CEDDNUL~ MSIDNERENWKER - de Path F\WDRK\AU\CAD-DWD\PROEC~\SM SMZOIOL fi I DREnOR FREOH BECUMWN PE MUWBY UUI -file new Easement North Pork bondshe)! dwq - PUBLIC WORKS DEPARTMENT OmENaWER FERNUSOV~UEZ PE CMWR JvlRD FERWIWW"mUELPE : I - rhr ern* -UZP- ~.o. Zi lLL rooad. _lLld_. Im~I~UIIUmNI UIu..uSIILIIII rmE; FPL EASEMENT NORTH SHORE PARK BANDSHELL SWLe AS6Uw.U Wt7 NOI CAP I RMBlffl hp+,,8y %a3m?z olnw EGO!
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting The Recommendation Of The City Manager Pursuant To Request For Proposals
(RFP) No. 49-09-1 0, And Authorizing The Administration To Enter Into Negotiations With The Top-Ranked
Firm, Gallagher Benefit Services, Inc; Should The Administration Not Be Able To Successfully Negotiate
An Agreement With The Top-Ranked Firm, Authorizing The Administration To Negotiate With The
Second-Ranked Firm, Bolton Partners, Inc; And Further Authorizing The Mayor And City Clerk To Execute
An Agreement Upon Conclusion Of Successful Negotiations.
Key Intended Outcome Supported:
Control costs of payroll including salary and fringe1 minimize taxeslensure expenditure trends are
sustainable over the long term.
Supporting Data (Surveys, Environmental Scan, etc.): Survey indicates that 75% of residents and 68%
of businesses rated Miami Beach city government as excellent or good in meeting their needs and
expectations.
Issue:
Shall the City Commission adopt the resolution?
Item SummarylRecommendation:
On July 14,2010, the Mayor and City Commission approved the issuance of Request for Proposals (RFP)
No. 49-09-1 0, for Benefit Consultant Services to provide assistance in determining the City's Employee
Benefits Program (the "RFP).
The City currently has an Agreement with Gallagher Benefit Services, Inc. ("Gallagher"). The Agreement
has been in effect for five (5) years, expiring on September 30, 2010. On September 15, 2010, the
Commission authorized a month to month extension not to exceed six (6) months beginning October 1,
2010 and ending March 31,201 1.
On July 15,2010, the RFP was issued with an opening date of August 13,2010. A pre-proposal meeting
to provide information to prospective proposers was held on July 29, 2010. BidNet sent notices to 153
prospective proposers; BidSync sent notices to prospective proposers of which 54 viewed the
documentation; which resulted in the receipt of six (6) proposals.
The City Manager, via Letter to Commission (LTC) No. 273-2010, appointed an Evaluation Committee (the
"Committee"), which convened on October 22, 2010, for interviews, deliberation, and recommendation.
Based on the scores and rankings of the Committee members, Gallagher was selected as the top-ranked
firm, and Bolton Partners, as the second-ranked firm. A motion was presented by Jack Benveniste,
seconded by Carla Gomez, and was unanimously approved by the Committee.
I ADOPT THE RESOLUTION. I
I
Advisory Board Recommendation:
1 NlA
Financial Information:
I Gus Lopez, Ext: 6641
Sian-Offs:
T:WGENDA\2010\November InConsent\RFP 49-09-10 For Benefit Consultant Sewices - SUMM.doc
Approved
Financial Impact Summary: NIA
City Clerk's Office Legislative Tracking:
Account Amount Source of
Funds:
OBPI
I
Total
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachf~.~ov
COMMISSION MEMORANDUM
To: Members of the City Commission
FROM:
DATE: November 17,201 0
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER,
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 49-09/10, FOR BENEFIT
CONSULTANT SERVICES TO PROVIDE ASSISTANCE IN DETERMINING THE CITY'S
EMPLOYEE BENEFITS PROGRAM; AND AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WlTH THE TOP-RANKED FIRM, GALLAGHER
BENEFIT SERVICES, INC.; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO
SUCCESSFULLY NEGOTIATE AN AGREEMENT WlTH THE TOP-RANKED FIRM,
AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WlTH THE SECOND-
RANKED FIRM, BOLTON PARTNERS, INC.; AND FURTHER AUTHORIZING THE
MAYOR AND ClTY CLERKTO EXECUTE AN AGREEMENT UPON CONCLUSION OF
SUCCESSFUL NEGOTIATIONS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
Control costs of payroll including salary and fringe, minimize taxes, and ensure expenditure trends
are sustainable over the long term.
FUNDING
Funding for the City's Benefit Consultant is provided through commission payments built into the fees
paid by the City to the medical plan carrier.
ANALYSIS
On July 14,2010, the Mayor and City Commission approved the issuance of Request for Proposals
(RFP) No. 49-09-1 0, For Benefit Consultant Services to provide Assistance in Determining the City's
Employee Benefits Program, (the "RFP).
The City of Miami Beach ("the City") needs to establish an agreement with a Benefit Consulting
Services Firm to assist the City in determining its Employee Benefits Program, including its self-
funded medical and dental plans.
Commission Memo
REQUEST FOR PROPOSALS (RFP) NO. 49-09/10, FOR BENEFIT CONSULTANT SERVICES TO PROVIDE
ASSISTANCE IN DETERMINING THE'CIWS EMPLOYEE BENEFITS PROGRAM
November 17,2010
Page 2 of 4
The City currently has an agreement with Gallagher Benefit Services, Inc. ("Gallagher"). The
Agreement has been in effect for five (5) years, and expired on September 30,201 0. On September
15, 2010, the Commission authorized a month to month extension not to exceed six (6) months
beginning October 1,2010, and ending March 31,201 1.
The City's current benefit consultant provides assistance to the City Administration in determining the
City's benefits programs which includes, but is not limited to, the following:
I. Actuarial support and analysis of the City's self-funded medical and dental plans;
2. Assist with negotiations upon direction of the Administration with benefit carriers
to obtain the best prices, terms and conditions available;
3. Annual reporting summarizing the benefit programs in place, anticipated market
conditions, plan recommendations and strategies; provide assistance in the
interpretation of benefit related regulations and compliance;
4. Provide support and guidance in the implementation and impact of the Federal
Patient Protection and Affordable Care Act; provide/conduct actuarial analysis
and reporting as required for the City's GASB 45 filings; and
5. Make recommendations to the City to guarantee continued, affordable coverage
for the employees and retirees.
RFP PROCESS
On July 15, 2010, the RFP was issued with an opening date of August 13, 2010. A pre-proposal
meeting to provide information to prospective proposers was held on July 29, 2010. BidNet sent
notices to 153 prospective proposers; BidSync sent notices to prospective proposers of which 54
viewed the RFP.
The following six (6) proposals were received by the RFP deadline for receipt of proposals:
Bolton Partners, Inc.
CBC Kane Partners, Inc.
Deloitte Consulting, LLP
Gabriel, Roeder, Smith & Co.
Gallagher Benefit Services, Inc.
Milliman, Inc.
The City Manager, via Letter to Commission (LTC) No. 273-2010, appointed an Evaluation
Committee ("The Committee") consisting of the following individuals:
Allison Williams, Chief Accountant, Finance Department;
Ana Tous, Leadership Academy Graduate;
Carla Gomez, Labor Relations Specialist, Human Resources Department;
David Alschuler, Personnel Board Member;
Jack Benveniste, Budget Advisory Committee Member; and
Maritza Menendez, Center Director, Miami Beach Career Center.
Commission Memo
REQUEST FOR PROPOSALS (RFP) NO. 49-09/10, FOR BENEFIT CONSULTANT SERVICES TO PROVIDE
ASSISTANCE IN DETERMINING THE CITY'S EMPLOYEE BENEFITS PROGRAM
November 17,201 0
Page 3 of 4
EVALUATION PROCESS
On October 22, 2010, the Committee convened 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.
The Committee unanimously agreed to nominate Jack Benveniste as Committee Chair.
A motion was made by Committee Chair, Jack Benveniste, seconded by Allison Williams and
unanimously agreed by the Committee, to have all proposers present each point set in the evaluation
criteria for this RFP.
Presentations were held by all responsive proposers, with the exception of CBC Kane Partners, who
opted not to participate in the presentations. The Committee scored and ranked each proposer
according to the evaluation criteria set forth in the RFP as follows:
The Committee scored and ranked the proposers as follows:
A
C
D
I CBC Kane Partners ( 61 (6) 1 82(6) ( 65(6) 1 73(6) 1 45(6) 1 75(6) 1 36
A motion was made by Committee Chair, Jack Benveniste, seconded by Carla Gomez, and
unanimously approved by the Committee to recommend to the City Manager that the Administration
enter into negotiations with the top-ranked firm, Gallagher Benefit Services, Inc. and in the event the
negotiations are unsuccessful, to negotiate with the second-ranked firm, Bolton Partners, Inc.
Specific Expertise regarding the Scope of the Project and expertise with
similar sized entities (i.e. hospitals, universities, etc.)
Overall Expertise of the Benefit Consultant relating to Employee
Benefits
Proposed Feelcompensation
References
Gallanher Benefit Services, Inc.
30
35
15
20
Gallagher is the employee benefits consulting division of Arthur J. Gallagher 8 Co., founded in 7927,
a publicly traded company that is the fifth largest broker of US business. The proposed team for the
City is comprised of experts from the Boca Raton office, including an onsite Actuary and an onsite
Benefits Attorney. This team is the same group of professionals that the City currently relies on to
Commission Memo
REQUEST FOR PROPOSALS (RFP) NO. 49-09/10, FOR BENEFIT CONSULTANT SERVICES TO PROVIDE
ASSISTANCE IN DETERMINING THE CITY'S EMPLOYEE BENEFITS PROGRAM
November 17,201 0
Page 4 of 4
provide Actuarial certifications helping the City navigate the complexities of recent Federal and State
legislative and regulatory mandates. Gallagher offers extensive experience in benefit strategies, plan
design, financial analysis, employee communications, administration and compliance.
As the City's consultant since 2001, Gallagher has helped the City achieve multi-million dollar
savings in its previously fully insured medical plan and current self-funded medical program, and has
also prepared approximately 30 Request for Proposals for the City. Gallagher has capabilities that
the City can take advantage of to achieve additional future savings, and is also positioned to help the
City navigate the complexities of recent Federal and State legislative and regulatory mandates.
Please see attached Exhibit A.
Gallagher receives its compensation in the form of commission payments built into the fees paid by
the City to the medical plan carrier. Gallagher's proposal continues to provide the City with its
consulting services at the same fee schedule it currently receives (and which it has been receiving
since 2005) at no increase to the City. Those fees are as follows: 1.5% of total premium cost, not to
exceed $200,000 per year if Gallagher performs the GASB 45 analysis. The fee decreases to 1.5%
of total premium, not to exceed $190,000 per year, without the GASB 45. (See Exhibit "6). The
Annual Compensation Disclosure Schedule provided by Gallagher shows that it received commission
payments of $200,000 from Humana in 2009 and commission payments of $200,000 from Humana
in 2010, in connection for services provided to the City.
The City will negotiate the fee proposal of the successful proposer(s).
TERM OF CONTRACT
The awarded contract will be fora term of two (2) years with three (3) one (1) year renewal options at
the City's discretion.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the attached Resolution
which accepts the recommendation of the City Manager pursuant to Request for Proposals (RFP)
No. 49-09/10, for Benefit Consultant Services to provide assistance in determining the City's
Employee Benefits Program; and authorizes the Administration to enter into negotiations with the top
ranked firm, Gallagher Benefit Services, Inc.; and should the Administration not be able to
successfully negotiate an agreement with the top-ranked firm, authorizes the Administration to
negotiate with the second-ranked firm, Bolton Partners, Inc.; and further authorizes the Mayor and
City Clerk to execute an agreement upon conclusion of successful negotiations.
T:WGENDA\201 O\November 17\Consent\RFP 49-09-1 0 For Benefit Consultant Services - 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.
49-09110, FOR BENEFIT CONSULTANT SERVICES TO PROVIDE
ASSISTANCE IN DETERMINING THE CITY'S EMPLOYEE BENEFITS
PROGRAM; AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WlTH THE TOP-RANKED FIRM, GALLAGHER BENEFIT
SERVICES, INC.; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO
SUCCESSFULLY NEGOTIATE AN AGREEMENT WlTH THE TOP-RANKED
FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WlTH THE
SECOND-RANKED FIRM, BOLTON PARTNERS, INC.; AND FURTHER
AUTHORIZING THE MAYOR AND CLERK TO EXECUTE AN AGREEMENT
UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS.
WHEREAS, the City has a need to establish an agreement with a benefit
consulting services firm to assist the City in determining its Employee Benefits Program,
including its self-funded medical and dental plans; and
WHEREAS, the City currently has an agreement with Gallagher Benefit Services,
Inc. ("Gallagher") which has been in effect for five (5) years, and expired on September 30,
2010; and
WHEREAS, the Mayor and City Commission at its July 14, 2010 meeting,
authorized the Administration to issue an RFP for a Benefit Consultant Services; and
WHEREAS, on July 15, 201 0, RFP No. 49-0911 0 was issued, and notices sent to
over 207 firms, which resulted in the receipt of six (6) proposals from: Bolton Partners,
Inc., CBC Kane Partners, Inc., Deloitte Consulting, LLP, Gabriel, Roeder, Smith & Co.,
Gallagher Benefit Services, Inc., Milliman, Inc.; and
WHEREAS, on September 15, 2010, the Commission authorized a month to
month extension of Gallagher's agreement not to exceed six (6) months beginning
October 1,201 0 and ending March 31,201 1 ; and
WHEREAS, on October 11, 2010, the City Manager via Letter to Commission No.
273-2010 appointed an Evaluation Committee (the "Committee"), consisting of the
following individuals:
Allison Williams, Chief Accountant, Finance Department;
Ana Tous, Leadership Academy Graduate, MD;
Carla Gomez, Labor Relations, Human Resources Department;
David Alschuler, Personnel Board Member, Attorney;
Jack Benveniste, Budget Advisory Committee Member;
Maritza Menendez, Center Director, Miami Beach Career Center; and
WHEREAS, on October 22,201 0, the Committee convened 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 Gallagher Benefit Services, Inc.
as the top-ranked firm, and Bolton Partners, Inc., as the second-ranked firm; and
WHEREAS, the City Manager has reviewed and concurs with the Evaluation
Committee's recommendation.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, hereby accept the
recommendation of the City Manager pertaining to the ranking of proposals pursuant to
Request for Proposals (RFP) No. 49-09/10, for Benefit Consultant Services to provide
assistance in determining the City's Employee Benefits Program; and authorize the
Administration to enter into negotiations with the top ranked firm, Gallagher Benefit
Services, Inc.; and should the Administration not be able to successfully negotiate an
agreement with the top-ranked firm, authorize the Administration to negotiate with the
second-ranked firm, Bolton Partners, Inc.; and further authorize the Mayor and City Clerk
to execute an agreement upon conclusion of successful negotiations.
PASSED and ADOPTED this day of , 2010.
ATTEST:
ClTY CLERK MAYOR
T:\AGENDA\201O\November 1 AConsent\RFP 49-09-10 For Benefit Consultant Services - RESO.doc
APPROVED AS TO
FORM & LANGUAGE
& FQH EXECUTION
Benefits Consulting
Annual Service Plan
GBS will review the performance of your
benefits plan; revise it to incorporate
strategic objectives for the upcoming year;
and sipport your information and
compliance needs throughout the year.
Benefit Management Plan
GBS will review contracts and documents,
including policy manuals, insurance
contracts, summary plan descriptions, and
employee communications; identify any
potential exposures; assure accuracy; and
manage vendors.
Benchmarking
GBS provides comparative data that
assesses your competitiveness in your
industry and geographical market to help
you construct workable employee and
employer contribution strategies.
)Regulatory Compliance Support
GBS monitors legislation to help reduce
your potential liability and provide:
Technical consulting on legislation that
could affect your programs
Confirmation that your plan complies
with state and federal regulations
Timely, easy-to-understand technical
bulletins and compliance alerts
ERISA compliance and disclosure
support
Seminars on FMLA, Cobra compliance,
HIPAA, and more
Day-to-Day Support
We resolve carrier claim adjudication,
administrative and billing issues; provide
first-line resources for your employee
benefits department; and clarify plan
provisions.
Insight
GBS's portal fiamework provides secure,
personalized access to the most current
information plan administrators need
including:
Reference library
Insurance industry financial reports
Client-specific documents
Latest on legislative and regulatory issues
\* Security for Protected Health Information 1 through a Secure Sockets Layer (SSL)
enabled Web browser.
Gallagher Benefit Services, Inc.
Available Services
Healthcare Analytics
Actuarial Consulting
Quarterly Actuarial reporting
Plan Modeling for cost implications -
including determining the impact of
converting to Consumer Driven Health
plans
Forecasting and premium calculation
Reserve setting - designed to ensure the
continued viability of your benefits
programs
Benchmarking - including general and
market specific evaluations
Audit Services - including TPA audits,
large claim audits, and dependent audits
Medical Management Services
Designed to assist the plan and its
employees in managing and navigating the
healthcare field.
Healthcare Informatics
Designed to allow GBS's clients to obtain
actionable data for long term healthcare
management strategy
Gallagher Rx
RFP analysis, PBM selection assistance,
claims denials, Rx plan design, drug spend
review and analysis and medical and
pharmacy educational and communications
programs are a few of the services that are
offered by qualified Pharmacists.
Human Resource Services
Business Strategy Deployment
Including communicating your business
strategy to employees, defining how
individuals and departments fit into the
strategy, and keeping employees and
managers focused on success.
HR Strategic Plan Design
Including helping to develop and align your
HR strategic plan with your organization's
business plan, identifying the right
employees with the right skills to
implement the plan, and assisting to fill
gaps in talent, and developing a roadmap
for other critical HR processes
Workforce Planning
Including Workforce decision support,
benchmarking surveys; HR metrics,
turnover studies, absenteeism analysis,
union negotiations, and M&A due
diligence
Retirement Services
GBS's extensive retirement consulting -
services include:
Plan Design
Legislative and regulatory monitoring; industry
peer group analysis and benchmarking; plan
design analysis; strategic planning; budget
projections; material preparation; and plan
termination
Plan integration and Transition
Data and floor review; transition timelines;
fund mapping protocols; blackout preparation
implementation; and post-merger integration
Plan Enhancement
Plan design and investment review;
development of plan goals and objectives; RFP
design and distribution; drafting of a market
study; finalist selection, plan benchmarking,
presentation, scoring, and evaluation; and
implementation meetings
Fiduciary Assistance
Forensic plan audits; fiduciary, document, and
administrative process review; plan expense
monitoring, conflict-of-interest analysis;
revenue-sharing analysis; and DOL self-
correction analysis
Compliance Assistance
Plan operation compliance review; non-
discrimination testing analysis; plan document
and SPD review; M&A due diligence; IRC and
ERISA compliance monitoring; plan
discrimination letter filing; 404(c) audit; and
IRS self-correction assistance
Investment Monitoring
Investment policy statement development and
monitoring; quarterly investment reviews; style
drift analysis; performance benchmarking
analysis; and fund expense analysis
Participation Education
Communication and education strategies; asset
allocation assistance; on-site enrollments and
investment education services; retirement
distribution counseling; pre-retirement
planning seminars, and participation
transaction assistance
Defined Benefit Plan Services
Plan design analysis; investment performance
monitoring; cost-containment review; service
provider searchers; participant services; and
analysis of technol&y alternatives
Individual Investment and Wealth
Planning
Asset allocation; investment planning;
portfolio creation; alternative investments;
rollover IRAs; annuities; and mutual funds
EXHIBIT A
HRM allows us to model the impact of plan design changes quickly and accurately. In fact,
for some of our clients we do the modeling in an interactive setting, which allows us to more
quickly review and either accept or reject plan design scenarios based on client feedback.
We combine the results from the HRM model with our forecasting and contribution tools to
get a complete picture of how changes will affect the City and its employees.
We also have a unique model for projecting the impact of moving to a consumer directed
health program (CDHP), either as a total replacement or as an option along with other plans.
The real value in the CDHP approach is the potential for reduced utilization of unnecessary
services, or the utilization of more cost effective services, as a result of better member
education. Our model groups historical claims into categories based on how much control
the member is likely to have over them. For example, members will have very little control
over inpatient hospital admissions, so our model gives little or no potential utilization
improvement for inpatient services.
As a governmental entity, the City is subject to a variety of state reporting requirements and
financial reporting standards relating to your benefit plan. We have the expedise to
understand how changes to your plan will affect aN reporfing requirements and the impact
that will have on your financial position. We understand the requirements and limitations
imposed by Florida Statute 51 12.08, and how that statute affects your ability to manage the
expense and liability associated with the GASB 45 accounting standard. We understand
how health care reform affects the requirements for qualifying for the Medicare Part D
subsidy. And most importantly, we understand how changes in the way you deal with any
one of these issues will affect each of the other issues. We will model different approaches
to managing your health care expenses with all of the different factors in mind. Our
reporting will be structured with all of this in mind.
We also understand that decisions cannot be made in a vacuum. That's why any decision
to change benefits or contribution strategies will be discussed with our in-house employee
benefits attorney. The attorney will evaluate whether or not those changes are permissible
in light of legislation or regulation. In addition, the attorney will determine whether such
changes might impact other things. For example, with health care reform, plan design
changes and/or shifting more premium cost to employees could negatively impact the City's
ability to claim "grandfathered" status, which would require the City to make other (perhaps
unintended) plan design changes in subsequent years which could result in more costs
(again unintended) to the City.
2. Prepare reports informing the Administration regarding benefit market (Market
Analysis) conditions that may affect the City's policies and risk exposures prior to
policy renewals.
Read9 Understo~d and Agreed
3. PrepareIAssist with Request for Proposal (RFP) specifications and underwriting data
to submit to benefit markets for the purpose of obtaining proposals for Group
Employee Benefits.
Gallagher will develop RFP specifications for your various group benefit plans,
including underwriting data. Gallagher has extensive experience in the development
and analysis of competitive bidding for governmental benefit plans and will bring that
experience and expertise to the City. We have sldccessfully negotiated multiple year
contracts for most of our clients and would be pleased to use our negotiation skills
on your behalf We will work closely with your Purchasing Department as
necessary. On the rare occasion when bidders have protested our client's
recommendation, our proven process has allowed our clients to success;fully survive
such bid protests.
4. Upon direction from the City, approach all acceptable companies on behalf of the
City. A complete list of the companies contacted, along with their response, must be
submitted.
Read, Undersfo~d and Agreed
5. Present to the City all coverage proposals obtained. This report must contain a
comprehensive analysis by the Benefit Consultant of the proposals obtained with
recommendations for the selection of one proposal for the particular area to be
covered.
Read Understood and Agreed
Gallagher will present all p~oposals obtained and prepare a complete analysis of the
bids (unless rejected by the City's Purchasing Department) for your use in the
decision-making process. Our analysis will include appropriate recommendations
and all supporting documentation to ensure a smooth procurement process.
6. Negotiate, on behalf of, and with direction from, the City with all carriers to obtain the
best prices, terms and conditions available.
As we currently do for the City, Gallagher will negotiate, on behalf oJ, and with
direction from, the City to obtain the best prices, terns and conditions available. In
that capacity, Gallagher will utilize our in-house actuaries to evaluate critical
renewals and pricing to ensure you the most competitive and fair renewals possible;
and we will use our in-house attorney to secure the most favorable terms and
conditions available.
7. Review andlor assist writing Agreementslpolicies purchased by the City to assure
their accuracy and appropriateness.
8. Review and evaluate existing City benefit related Agreements to provide
recommendations for possible improvement of price, terms, and conditions.
9. Provide an annual report summarizing coverages in place, anticipated market
conditions, recommendations and strategies.
Read9 Understood and Agreed
10. Assist the City with interpretation of benefit related regulations and compliance
issues; respond to inquiries from City's Human Resources staff; and provide support
and guidance to the City on implementation and impact of the Patient Protection and
Affordable Care Act.
The flurry of recent legislative and regulatory activity at the Federal and State level has
made compliance support a very important service for entities with employee benefit
programs. Because of this, Gallagher has included as a team member our local in-house
benefits attorney, to which the City will have direct access. All team members, with the help
of the compliance attorney, will keep you informed of changes with which you must comply,
including Florida state mandates.
Most recently, Gallagher has met with various individuals within the City to discuss the
implications of the Patient Protection and Affordable Care Act (also known as "health care
reform") and discussed some of the immediate and long-term plan design and financial
impacts and considerations. Due to the breadth of experience on the proposed team, our
team members, including our in-house actuary and attorney, are comfortable providing
direction to the relevant departments within the City, including Benefits, Human Resources,
Finance and Legal. It will be important to monitor regulations going forward as those
regulations may alter or affect decisions being made by the City. Gallagher's actuarial
division, Health Care Analytics, has developed a planning tool around health care reform to
allow our clients to understand the possible financial impact of this legislation to them. In
fact, we shared the results of this forward-thinking tool with various employees of the City,
including the City Manager.
The local compliance team available to the City is also supported by a network of regional
and national compliance experts who keep both our internal consultants and external clients
apprised of various changes in the legislative and regulatory landscape. As a current
Gallagher Client, the City has enjoyed access to our GBS Directions Newsletters, Technical
Bulletins and Webinars to keep you informed.
11. Include unlimited actuarial support with no additional flat or hourly fees, including the
completion of the actuarial analysis as required for the City's GASB 45 filings, among
others, such as Medicare reimbursement.
Rea$ Undersfood and Agreed
Gallagher's proposed fee includes unlimited actuarial support with no additional or hidden
fees (whether flat or hourly). The City of Miami Beach can expect the same actuarial
support it currently receives from Gallagher's full-time actuaries that it receives currently,
including the completion of actuarial analysis for the City's GASB 45 filings and Medicare
Part D subsidy reimbursement among other things.
12. The awarded contract will be for a term of two (2) years with three (3) one (1) year
renewal options at the City's discretion.
Gallagher Benefit Services, Inc. is ready, willing and able to enter into a contract with the
City of Miami Beach for an initial term of two (2) years with three (3) one (I) year renewal
options at the City's discretion.
SECTION 111 - MINIMUM REQUIREMENTS
1. The Benefit Consulting Firm must have a minimum of at least five years experience at
the time of the proposal providing the same or similar consulting services for
medical, dental, disability, life and other employee benefits for municipalities andlor
other governmental entities throughout the state of Florida.
As a national company with a niche practice group that focuses on Public Entities, Gallagher
Benefit Setvices has a large number of governmental agencies for whom we provide
consulting services similar to those requested by the City of Miami Beach. Similarly, our
benefits consulting client base within the State of Florida is equally as impressive. Please
find below a sample list of the Florida governmental clients for whom we provide benefits
consulting services.
Sam~le kist of Florida Governmental CBBents
d Calhoun County School Board .d City of Treasure Island
d Washington County School Board City of Madeira Beach
4 City of Sunrise 4 Okeeckobee Utility Authority
J Town of Palm Beach J City of Moore Haven
d Public Risk Management
4 City of Punta Gorda
4 SarasotaIBradenton Airport
Authority
4 Hendry County B.O.C.C.
4 Hendry County Sheriff
4 City of Wauchula
J Hardee County B.O.C.C.
J Levy County B.O.C.C.
v' Okeechobee B.O.C.C.
4 Holmes County B.O.C.C.
4 Hamilton County B.O.C.C.
4 City of Perry
4 Taylor County B.O.C.C.
d DeSoto County B.O.C.C.
./ City of Crystal River
J City of Eustis
4 Town of Lady Lake
4 Taylor County School Board
4 Liberty County School Board
4 City of Miami Beach
4 City of Hallandale Beach
4 Monroe County School Board
4 School Board of Broward County
4 School District of Lee County
4 City of Lakeland
J City of Jacksonville
./ Lee County School District
./ City of Deerfield Beach
J City of Delray Beach
4 Duval County Public Schools
4 Orange County Public Schools
4 City of St. Petersburg
4 City of Tampa
d City of Zephyrhills 4 School District of Escambia County
2. Have an actuary in house, who is a full time member of the firm.
Gallagher Benefit Services, Inc. has numerous full-time actuaries employed through its
actuarial division - Healthcare Analytics Group. The Boca Raton office of Gallagher Benefit
Services has three full-time actuaries on staff. One of the individuals proposed as a team
member, and who currently provides services to the City of Miami Beach, is Glen Volk,
Consulting Actuary. As you will see from Glen's enclosed resume, he is a Fellow of the
Society oPActuaries(FSA) and a Member of the American Academy of Actuaries (MAAA).
Qualifications of Pro~oser's Team
Designated Project TeamITeam Resumes
The proposed team for the City is comprised of experts from our Boca Raton
office, including an onsite Actuary and an onsite Benefits Attorney. This team is
the same group of professionals that the City currently relies on to provide
Actuarial certifications, Plan Document development, and to respond to any
questions or concerns.
The GBS Team that will work with the City specializes in public entities and
works together on numerous governmental entities in Florida. This team has the
capacity to perform the scope of services requested and in addition; the capacity
for additional services that may be needed. We regularly participate in strategic
planning, budgeting, labor and union negotiations and have had great success in
helping our clients manage and budget their benefits programs. Our actuarial
work was a key element in a School Board of Broward City lawsuit for breach of
contract, which ultimately settled favorably. We consistently demonstrate our
knowledge of Section 125, HIPAA and other State andlor Federal Regulations,
and are communicating with our clients regularly with our clients to help them
prepare for the short term and long term impacts of Health Care Reform.
GBS's extensive local resources have assisted the City over the years and are
eager to have the opportunity to expand our relationship and provide a full range
of consulting services to the City of Miami Beach. We are personally available to
assist in guiding the City through the overwhelming changes to the regulatory
landscape and to ensure that the City is able to sustain or improve its benefits
programs.
In addition, GBS's Technical Services Unit provides support through our online
publications and Webinars to further assist your staff in keeping up with the
dynamic healthcare and benefits environment. Additionally, our Retirement
Services, Actuarial Consulting Unit, Human Resource Consulting Division, and
Compliance Unit support our local personnel.
The following chart depicts the Boca Raton organizational structure. Your core
consulting team is highlighted in yellow. Brief resumes of the local professionals
who will be involved in providing consulting services to the City of Miami Beach
and the resumes and appropriate credentials of Gallagher Benefit Services and
the Primary Consulting team are included in Tab 5.
a Gallagher Benefit Services, Inc.
GBS Boca Raton - Organization Chart
sjj jr Gallagher Benefit Services, Inc.
Designated Project Team:
Richard SeheH, Area Vice President, Boea Ratow
Florida license/Professiona Designations:
Florida license
Number of years of group employee benefit service experience:
30
Current job responsibilities:
Account management; Health and Welfare Consulting
Specific relevant experience with public sector clients of similar size and
complexity:
City of Miami Beach, Town of Palm Beach, Public Risk Management, Cify of
Hallandale, Panhandle Area Educational Consodium
Glen Volk, Cons8~If:ing Actuary, Baca Raton
Florida license/Professional Designations:
Fellow o J the Society of Actuaries (FSA); Member of American Academy of
Actuaries (MAAA)
Number of years of group employee benefit service experience:
27
Current job responsibilities:
Actuarial suppod
Specific relevant experience with public sector clients of similar size and
complexity:
Provides actuarial support to numero~rs public entities within Florida, including
Cify of Miami Beach, such as school districts (Broward, Lee, Monroe); county
governments (Palm Beach, Monme); and cities/towns/consorti~~ms (Town of
Palm Beach, City of Delray, Public Risk Management).
Paul Hebsrt, Area Vice President, Gorfiplianes, Boea Raton
Florida license/Professional Designations:
Juris Doctor (JD); Master of Laws in Taxation (LL. M.)
Number of years of group employee benefit service experience:
16
Current job responsibilities:
Compliance supporf for South Florida clients
Specific relevant experience with public sector clients of similar size and
complexity:
Currently provides compliance support for public sector clients including various
f lorida school districts (Browrd, bee, Monroe); Board of County Commissioners
(Palm Beach, Monroe); and cities/municipalities/consoI"ciums (Miami Beach, Palm
Beach, Public Risk Management).
@@@ Gallagher Benefit Services, Ine
Florida IicenseIProfessional Designations:
Florida license
Number of years of group employee benefit service experience:
15
Current job responsibilities:
Account management for various public sector clients
Specific relevant experience with public sector clients of similar size and
complexity:
Currently provides account management services lo clients such as fie
Panhandle Area Educational Consodi~~m, Taylor County School Board and
Public Risk Management.
Additional Consulting Resources Available As Needed:
Jeff is responsible for all South Florida benefits operations and has management
responsibility for both the Boca Raton and Miami office.
In addition, Jeff acts as a national resource for Self-Insured employer and
provider reinsurance. GBS clients are both public and private, and range from
several hundred employees to an excess of 25,000. Over the years, Jeff has
been extensively involved in GBS's government consulting operations and prior
to joining GBS in 1986; he spent five years with a Third Party Administrator. Jeff
brings over 24 years of consulting experience. Some of Jeff's public sector
clients include Palm Beach County and School Board of Broward County.
Since 2004 Theresa Noone has served as the Health Management Consultant
for Healthcare Analytics (HCA), a division of Gallagher Benefit Services, Inc.
Ms. Noone manages the daily clinical operations of Healthcare Analytics Medical
Management Service Division. Additionally Ms Noone is active with our on-site
claim audit services.
Ms Noone possess over 18 years of healthcare knowledge and experience. Her
clinical background includes acute care nursing management, clinical and
consultative therapy sales, utilization review and case management for a large
Health Management Organization. With the range of her experience in - Callaghn Benefit Services, Inc.
healthcare Ms Noone serves an invaluable resource to our clients and division
overall.
Lending to the growth of Medical Management Services Ms. Noone has been
instrumental in developing and implementing our Stop Loss Clinical Evaluation
and Consulting Services. Throughout her career with HCA Ms Noone has
established herself as leader in her division.
Falchael Thomas, PharmD
Dr. Thomas currently is the Vice President, National Pharmacy Management, for
Gallagher Benefit Services. He specializes in the areas of managed care
pharmacy, pharmacy benefit management, formulary selection review services,
pharmacy drug spend and analytical review, formulary contracting and other
clinical services, specific claims audits and claims denial services.
Dr. Thomas holds an undergraduate degree in chemical engineering from the
University of California at Long Beach; he graduated with a Doctor of Pharmacy
from University of Southern California in 1973. He completed his
internshiplresidency in general medicine, surgical and psyche at Los Angeles
County Hospital, and is a 1991 graduate of the Medical Management Fellowship,
executive MBA program of the University of California at Irvine. He also is a past
fellow of Managed Healthcare from the Philadelphia College of Pharmacy and
Science, 1991 -1 994. Michael has spent 12 years in community pharmacy service
in both the ambulatory and hospital setting. Michael has spent the past 25 years
in Managed Care pharmacy
Gallagher Benefit Services, Inc.
Iscope of Services - Retrospective
Below is a list of the services Gallagher Benefit Services has continually performed for
The City of Miami Beach since 2001.
+ Worked with Task Force and Providers to develop in depth analysis of current
medical program (Phase I and Phase II)
+ Prepared and assisted in several RFP's processes for Medical, Dental, Life, LTD
and Voluntary Benefits including alternate funding mechanisms.
+ Developed additional Medical plans to provide employees a choice in delivery of
healthcare and reduce costs to the City and it's employees.
+ Unlimited actuarial services to provide analysis of all benefit programs including:
plan design, claims, utilization trends and contribution strategies.
+ Assisted with all compliance issues including HIPAA, Medicare Part D, COBRA
and GASB.
+ Developed current contribution strategies for 5 medical plans.
+ Evaluated Consumer Driven Health Models (Humana Smartsuite) for City
viability.
+ Complete review of all vendor summary plan descriptions for accuracy in benefits
provided and language.
+ Negotiated all employee benefit renewals.
+ Moved Medical and Dental programs to self-funded in January 2009 for a
significant savings to the City and employees.
+ Prepared all core benefits for RFP in 2009.
Paul Hebert, Compliance + Conducted a discussion of Federal and State Pre-emption issues on Healthcare
Reform for the Deputy City Attorney.
+ Held a Healthcare Reform presentation for the Human Resource and Legal
Departments.
+ Provided draft language for Early Retiree Reimbursement Application Program
l~co~e of Services - Retros~ective, cont'd I
Glen Volk, Actuary + Full GASB 45 evaluation Bi-annually.
+ Provided advice to setup OPEB Trust.
+ Conducted a Healthcare Reform Forecasting Analysis for the City Manager and
Human Resource Department.
+ Provide plan design modeling and contribution setting during renewal.
+ Provide Medicare Part D Attestation annually.
Works in Progress:
+ Preparing Voluntary RFP Analysis.
+ Review quarterly Status Reports for Medical and Dental.
+ Oversee general benefit program.
Gallagher Benefit Sel-vices, Inc.
November 8,2010
A Subsidiary of ArthilrJ. Gallagher a Co.
Ms. Sue Radig
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33 139
RE: GALLAGHER BENEFIT SERVICES, INC. COMPENSATION DISCLOSURE STATEMEAlT
Dear Sue:
One of the core values highlighted in 271e Ga//agher Way states, "We are an Open Society," and our open
society extends to the compensation Gallagher receives. Gallagher's policy is complete disclosure of all forms
of compensation. To achieve this purpose, the attached disclosure schedule reflects the commission or fee we
will earn on coverage we will place on your behalf.
In general, Gallagher may be compensated as fo1lo.r~~:
1. Gallagher companies are primarily compensated from commissions 01, fees received .from the brokerage
and servicing of policies handled for your account. As permitted by law, Gallagher companies may
receive both commissions and fees.
2. Gallagher companies may access other facilities, including wholesalers, reinsurance intermediaries,
underwriting managers and others that act as intermediaries for both Gallagher and other brokers in the
insurance marketplace. If such a facility was utilized in the placement of your account, it may have
earned and retained brokerage commission or fees for its work.
3. In placing, renewing, consulting on or servicing your insurance coverages, Gallagler companies may
participate in contingent commission arrangements with insurance companies that provide for additional
contingent compensation if certain underwriting, profitability, volume or retention goals are achieved.
Such goals are typically based on the total amount of certain insurance coverages placed by Gallagher
with the insurance company, not on an individual policy basis. As a result, Gallagher may be
considered to have an incentive to place your insurance coverages with a particular insurance company.
Our clients are always our top priority and we take pride in the fact that we always put our clients first.
Gallagher is committed to full transparency and we look to you for direction as to how Gallagher is to be
compensated for the services it provides.
One Boca Place
2255 Glades Road, Suite 400 E
Boca Raton. FL 33431
561.995.6706
Fax 561.995.6708
www.ajg.com
EXHIBIT B
For Employers and Plan Sponsors Subject to ERISA:
This Disclosure Statement is being given to the Buyer (1) to make sure Buyer knows about GBS' and GBS
affiliates' income before purchasing tlie insurance product and (2) for plans subject to ERISA, to comply with tlie
disclosure, acknowledgment and approval requirement of Prohibited Transaction Class Exemption No. 84-24',
which protects both Buyer and GBS*.
It should also be noted that:
0 GBS is not an affiliate of the insurer whose Contract is recommended. This means the insurer whose contract
is recommended does not directly or indirectly have the power to exercise a controlling influence over the
management or policies of GBS.
GBS' ability to recommend other insurance contracts is not limited by an agreement with the Insurance Carrier.
GBS is effecting the transaction for the Plan(s) in the ordinary course of GBS business.
0 The transaction set forth is at least as favorable to the Plan(s) as an arm's length trat~saction with an unrelated
Paw.
0 GBS is not a trustee of the Plan(s).
GBS is neither the Plan Administrator of the Plan(s), a fiduciary of the Plan(s), nor an employer which has
employees in the Plants).
For Plans subject to ERISA:
As stated above, ERISA requires Gallagher Benefit Services, Inc. (GBS) to make certain disclosures to you
concerning the sale of insurance, and the compensation that GBS will receive from it. Disclosure must be made
to an independent plan fiduciaiy for the ERISA Plan(s), and your acknowledgement confirms that you are
agreeing that this is a reasonable transaction in the best interest of participants in your ERISA Plan(s). Please
review the following disclosure schedule, and indicate your desire to proceed.
For more information on Gallagher's compensation arrangements, please visit ~v\.v\.v.ajg.com/compensation.
,
' Which allows an exemption from a prohibited transaction under Section 408(a) of the Employee Retirement lnconte Security Act of
1974 (ERISA).
In making these disclosures, no position is taken, nor is one to be inferred, regarding the use of assets of a plan subject to ERISA to
purchase such insurance.
Page 2 of 4
92
ANNUAL COMPENSATION DISCLOSURE SCHEDULE What follows is the disclosure of our actual fees and/or commissions related to the City of Miami Beach and any relationships, or agreements Gallagher Benefit Services, Inc. ("GBS") has with the insurance company involved in this transaction. GBS, as agent of record, will receive the following initial and renewal sale commissions expressed as percentage of gross premium payments, or fees as agreed upon by PRM: Thank you for your business and continued confidence in the services GBS provides to you and your employees. If you have any questions regarding this information or would like moje detail, please feel free to contact me. - Title: Mp"7~d I/Z &- ??&r, Line of Coverage Medical Dental Hazard Insurance for Police and Fire Life, AD&D , Supplemental Life LTD Date Signed Insurance Company Humana MetLife Hartford Life Insurance Company Hartford Unum Effective Date 11111 1 11111 1 1/1111 11111 1 11111 1 FSA Administration Stop Loss STD Vision Direct Consulting ~ees~ None None NI A NI A NIA omm mission' / Supplemental Compensation8 1.5% not to exceed $200,000 0% 0% 0% 0% Fringe Benefits Management Symetra Unum Eyemed Wholesaler, MGU, or Intermediary NIA NIA NI A NIA NIA Owned by AJGIGBS Yes 01) No (N) N N N N N - 1/1/11 11111 1 11111 1 11111 1 OYO 0% 0% 0% NI A Nl A NIA NIA NI A NIA NIA NIA N N N N
City of Miami Beach By: Title: Date Signed 1 Commissions include all commissionsffees paid to GBS that are attributable to a contract or policy between a plan and an insurance company, or insurance service. This includes indirect fees that are paid to GBS paid by a third party, and includes, among other things, the payment of "finders' fees" or other fees to GBS for a lransaction or service involving the plan. 2 Direct Consulting Fees include compensation to GBS paid for directly by the plan sponsor. *Gallagher companies may receive supplemental compensation referred to in a variety of terms and definitions, such as contingent commissions, additional commissions and supplemental commission. If clients have specific questions about the compensation received by Gallagher and its affiliates in relation to their insurance placements, please contact your Gallagher representative for more details. In the event a client wishes to register a formal complaint regarding compensation Gallagher receives, please send an email to Compensation~Complaints@ajg.com or send a letter to: AVC Compliance Officer C/O Internal Audit Department Arthur J. Gallagher & Co. Two Pierce Place Itasca, IL 60143 Page 4 of 4
COMMISSION ITEM SUMMARY
Condensed Title:
Consenting to the appointment of Richard G. Lorber as the Acting Director of the Planning Department
for the City of Miami Beach.
Kev Intended Outcome Su~~orted:
Protect historic building stock.
Maintain strong growth management policies.
Increase community satisfaction with City government.
Supporting Data (Surveys, Environmental Scan, etc.): NIA
Issue:
Shall the Mayor and City Commission adopt the attached Resolution consenting and confirming Richard
G. Lorber as the Acting Director of the Planning Department?
Item Summary/Recommendation:
The Planning Department prepares, updates, and maintains neighborhood and Citywide plans and
technical data for the Citv pursuant to Florida Statutes, and is responsible for providing ~rofessional
analysis and recommendations to the City Manager and cbmmission on all land developmeit issues.
The Planning Department also updates and maintains compliance with the state-mandated
comprehensive plan; reviews all building permits for compliance with the land development regulations,
consistency with architectural review guidelines and preservation appropriateness criteria; conducts
studies on specialized topics; and creates plans for neighborhoods and conservation districts. The
Department prepares recommendations for the Planning Board, Board of Adjustment, Design Review
Board and Historic Preservation Board. The Planning Director organizes, staffs, directs and controls all
activities of the Department. The Director serves as chief of staff to the Planning Board, Board of
Adjustment, Design Review Board and Historic Preservation Board. The Director is responsible for
preparation and interpretation of the City's Comprehensive Plan and Zoning Ordinance.
Article IV, Section 4.02, of the City of Miami Beach Charter requires the consent of the City Commission
for the appointments of Department Directors. While this provision has been traditionally applied to the
permanent appointment of Department Directors, it has been suggested that similar consent should be
granted for "Acting" Director appointments which occur from time to time as Department Director positions
become vacant pending the recruitment and selection process.
Richard Lorber has been serving as the "Acting" Planning Director since December 2009 and as such, it is
recommended that the Mayor and the City Commission adopt the attached resolution consenting and
confirming Richard G. Lorber as the Acting Director of the Planning Department. Mr. Lorber has over
seventeen (17) years of experience in urban planning. He has worked for the City of Miami Beach since
1998 and has held a number of progressively responsible positions in the Planning Department during that
time.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account Approved
Funds: I
El 2
3
4
OBPl Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking: I Ramiro Inguanzo, Human Resources
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
DATE: November 17, 2010
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY
OF MIAMI BEACH, FLORIDA, CONSENTING TO AND CONFIRMING THE
APPOINTMENT OF RICHARD G. LORBER AS THE ACTING DIRECTOR OF
THE PLANNING DEPARTMENT FOR THE ClTY OF MIAMI BEACH.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and Commission adopt the attached resolution
consenting and confirming Richard G. Lorber as the Acting Director of the Planning
Department for the City of Miami Beach.
Article IV, Section 4.02, of the City of Miami Beach Charter requires the consent of the
City Commission for the appointments of Department Directors. While this provision
has been traditionally applied to the permanent appointment of Department Directors, it
has been suggested that similar consent should be granted for "Acting" Director
appointments which occur from time to time as Department Director positions become
vacant pending the recruitment and selection process.
Given that Mr. Lorber is the Acting Director and thus performing the duties of the
Director, his acting appointment is being presented to the Mayor and Commission for
consent.
ANALYSIS
The Planning Department prepares, updates, and maintains neighborhood and Citywide
plans and technical data for the City pursuant to Florida Statutes, and is responsible for
providing professional analysis and recommendations to the City Manager and
Commission on all land development issues. The Planning Department also updates
and maintains compliance with the state-mandated comprehensive plan; reviews all
building permits for compliance with the land development regulations, consistency with
architectural review guidelines and preservation appropriateness criteria; conducts
studies on specialized topics; and creates plans for neighborhoods and conservation
districts. The Department prepares recommendations for the Planning Board, Board of
Adjustment, Design Review Board and Historic Preservation Board.
The Planning Director organizes, staffs, directs and controls all activities of the
Department. The Director serves as chief of staff to the Planning Board, Board of
Adjustment, Design Review Board and Historic Preservation Board. The Director is
responsible for preparation and interpretation of the City's Comprehensive Plan and
Zoning Ordinance.
Mr. Lorber has over 17 years of experience in urban planning, with a proven record of
progressively challenging work assignments. A copy of his resume is attached.
Mr. Lorber first joined the City of Miami Beach in June 1998 as the Principal
PlannerISenior Planner. Two years later, Mr. Lorber left the City to become the Planning
Director for the City of South Miami, a position he held until June 2003.
In June 2003, Mr. Lorber returned to the City of Miami Beach, accepting the position of
Planning and Zoning Manager. In this role, Mr. Lorber managed all aspects of the
Planning and Zoning Section, and was the principal staff representative to the Planning
Board and the Board of Adjustment.
Most recently, from October 2009 to the present, Mr. Lorber has been serving as the
City's Acting Planning Director. As such, he is responsible for managing the operations
of the Planning Department, serving as chief of staff to all development review boards,
and making presentations to the City Commission and community groups on planning
and related issues. Mr. Lorber issues official interpretations of the Zoning Code, and
serves as mediator on zoning compliance disputes.
Mr. Lorber holds a Master of Urban and Regional Planning from Florida Atlantic
University; a Master of Arts in Economics from Florida International University; and a
Bachelor of Arts in Economics from New England College. Mr. Lorber is a LEED
Accredited Professional from the U.S. Green Building Council and a member of the
American Institute of Certified Planners (AICP).
CONCLUSION
The appointment of Richard G. Lorber as Acting Director of the Planning Department will
ensure that the City continues its nationally and internationally recognized tradition of
progressive urban design and planning leadership.
Pursuant to the requirements of Article IV, Section 4.02, of the City Charter, it is
recommended that the Mayor and City Commission adopt the resolution consenting and
confirming Richard G. Lorber as the Acting Director of the Planning Department.
T:\AGENDA\201 O\November 17\Consent\Richad G. Lorber Commission Memorandum.docx
Richard G. Lorber, AICP, -LEED AP
Experience
October 2009 - present I Acting Planning Director
City of Miami Beach Planning Department
Responsible for managing the operations of the Planning Department and supervising all staff. Serving as chief of staff
to all development review boards, and making presentations to the City Commission and community groups on
planning and related issues. Interpreting the Zoning Code, issuing official interpretations, and serving as mediator
regarding disputes on zoning compliance. Coordinating planning issues with other City Departments, and responding
to citizens and Commission inquiries and complaints regarding planning and development issues.
June 2003 - October 2009 1 Planning and Zoning Manager
City of Miami Beach Planning Department
Manages and coordinates all aspects of the Planning and Zoning Section, including interviewing and hiring new
personnel, budget preparation, information technology and other administrative functions. Principal st& to the
Planning Board and Board of Adjustment, writes legislation, prepares reports and presentations to City Commission
regarding Land Development Regulations and the Comprehensive Plan. Represents the City Ahstration and
Planning Department at public hearings and meetings. Chair of the City's G.I.S. User Group.
December 2000 - June 2003 1 Planning Director
City of South Miami Planning Department
Responsible for all planning and zoning activities of the City. Supervised Planning department staff, coordinated
departmental and consultant work products, provided for City compliance with Florida Statues concerning required
planning functions, and provided staff services to the Planning Board, Environmental Review & Historic Preservation
Board (ERPB), and other boards and committees.
June 1998 - December 2000 1 Principal Planner / Senior Planner
City of Miami Beach Planning Department
Principal staff to Planning Board, prepared reports and presentations to the Board. Wrote amendments to the Zoning
Ordmance dealing with development and land use regulations, including major cityvvlde downzoning initiative.
Coordinated the City's Comprehensive Plan Amendment process.
July 1995 - June 1998 1 Associate Planner
Broward County Planning Council
Responsible for transportation and land use planning as part of a countpnde comprehensive planning agency.
July 1993 - July 1995 1 Planning Analyst
Broward County Dept. Of Strategic Planning And Growth Management
Transportation Planning Division
Planning efforts focused on transportation planning and mass transit coordination.
Education
Florida Atlantic University I Master of Urban and Regional Planning
1997
Florida International University I Master of Arts, Economics
1988
New England College I Bachelor of Arts, Economics
1983 / Dean's List 1980, 1982
Professional / Service
American Institute of Certified Planners (AICP)
Member / Certified Planner
U.S. Green Building Council
LEED Accredited Professional
Federal Emergency Management Agency (FEMA)
National Incident Management Systems (NIMS)
Command and General Staff Training IS-100 through IS-800
IS-253 Coordinating Environmental and Historic Preservation Compliance
Leadership Miami
Class of 1999-2000
Florida Atlantic University
Adjunct Professor, School of Urban and Public Affairs 2000-2002
American Planning Association, Florida Chapter
Chairman, Executive Committee, Gold Coast Section 2000-2002
City of Hollywood
* Citizens Transportation Committee 1996- 1999
National Honor Society of Phi Kappa Phi
a Inducted March 1997 a
RESOLUTIONS TO BE SUBMITTED
COMMISSION ITEM SUMMARY
Condensed Title:
Consenting to the appointment of Cynthia W. Curry as the Acting Director of the Building Department
for the Citv of Miami Beach.
Key Intended Outcome Supported:
Ensure compliance with Code within reasonable time frame.
Ensure safety and appearance of building structures and sites.
Stabilize residential condominiums.
Increase community satisfaction with City government.
Supporting Data (Surveys, Environmental Scan, etc.): NIA
Issue:
Shall the Mayor and City Commission adopt the attached Resolution consenting and confirming Cynthia
W. Curry as the Acting Director of the Building Department?
Item SummarylRecommendation:
The Building Department provides supervision of construction activities, acceptance of building permit -.
applications, issuance of 'all building and trade permits, verification of compliance with the-Florida
Building Code and enforcement of codes promulgated by regulatory agencies such as the Hotel and
Restaurant Commission, Miami-Dade Environmental Resources Management, State Departments of
Health and Professional Regulation, Board of Adjustment and the U.S. Army Corp of Engineers.
Plumbing, Building, Electrical, Elevator and mechanical officials inspect new and existing structures for
compliance. The Director of the Building Department plans, organizes, directs and controls the activities
of the City's Building Department.
Article IV, Section 4.02, of the City of Miami Beach Charter requires the consent of the City Commission
for the appointments of Department Directors. While this provision has been traditionally applied to the
permanent appointment of Department Directors, it has been suggested that similar consent should be
granted for "Acting" Director appointments which occur from time to time as Department Director
positions become vacant pending the recruitment and selection process.
While Ms. Curry is currently classified as an Executive Assistant to the City Manager, her primary
assignment (pending the outcome of recruitment processes underway) has been as Acting Building
Director.
Ms. Curry has over 30 years of experience in local government management and a proven record of
undertaking highly responsible and challenging assignments. She previously served as Senior
AdvisorlAssistant County Manager in Miami-Dade County and held a number of other highly responsible
positions in Miami Dade County. Ms. Curry also served as the Vice President of Business and Finance at
Florida International University (Flu). Ms. Curry holds a Bachelor of Arts in Politics and Public Affairs and
a Master of Arts in Politics and Public Affairs from the University of Miami.
Advisory Board Recommendation:
1 NIA
Financial Information:
I
I I
City Clerk's Office Legislative Tracking: I Ramiro Inguanzo, Human Resources
Source of
Funds:
El
OBPl
I I
Date 11 -1 7-16'
Financial Impact Summary:
1
2
3
4
Total
Account Amount Approved
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 C mission 7
FROM: Jorge M. Gonzalez, City Manager
DATE: November 17, 2010 m SUBJECT: A RESOLUTION OF THE MAYOR ND C COMMISSION OF THE ClTY
OF MIAMI BEACH, FLORIDA, CONSENTING TO THE APPOINTMENT OF
CYNTHIA W. CURRY AS THE ACTING DIRECTOR OF THE BUILDING
DEPARTMENT FOR THE ClTY OF MIAMI BEACH.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and Commission adopt the attached resolution
consenting and confirming Cynthia W. Curry as the Acting Director of the Building
Department for the City of Miami Beach.
Article IV, Section 4.02, of the City of Miami Beach Charter requires the consent of the
City Commission for the appointments of Department Directors. While this provision
has been traditionally applied to the permanent appointment of Department Directors, it
has been suggested that similar consent should be granted for "Acting" Director
appointments which occur from time to time as Department Director positions become
vacant pending the recruitment and selection process.
Ms. Curry was hired in September 2010 as an Executive Assistant to the City Manager.
Since that time, and pending the outcome of recruitment processes underway, Cynthia's
primary assignment has been as the Acting Director of the Building Department. This
classification requires consent by the City Commission.
ANALYSIS
Ms. Curry has over 30 years of experience in local government management, and a
proven record of undertaking highly responsible and challenging assignments. A copy of
her resume s attached.
Most recently, from February 2006 to February 2010, Ms. Curry served as Senior
Advisor/Assistant County Manager in Miami-Dade County. During this time, she was
charged with developing housing and economic development strategies, as well as
overseeing several County departments and agencies, including: the Finance
Department; the Property Appraiser's Office; the Department of Housing and Community
Development; the Office of Economic Development Coordination; the Miami-Dade Public
Housing Agency; the Homeless Trust; the Urban Revitalization Task Force; the Housing
Finance Authority and the International Trade Commission.
Ms. Curry began her professional public administration career at Miami-Dade County.
From 1977 to 1988, she worked her way up the ranks in Miami-Dade County
government, beginning her career as a Management Trainee, transitioning to the Office
of Management and Budget and ultimately joining the County Manager's Office. As an
Assistant County Manager from June 1988 to August 1995, she managed a portfolio of
various departments, and was called upon to oversee major projects for the County.
Shortly after Hurricane Andrew, Ms. Curry was tasked with establishing and managing
Project C.H.A.R.T. (Coordinated Hurricane Andrew Recovery Team). As administrator
of this project, she worked with representatives from the Federal Emergency
Management Agency (FEMA), the U.S. Department of Housing and Urban Development
(HUD) and the State of Florida to coordinate and accelerate the recovery and rebuilding
South Miami-Dade.
In 1995, Ms. Curry was appointed Vice President of Business and Finance at Florida
International University (Flu). In this role, she provided direct assistance to the president
of the University as the chief business and finance officer responsible for managing such
divisions as budget development and planning; purchasing and central support services
and human resources. Also during this period, she was appointed by Governor Lawton
Chiles to serve as a member of the City of Miami Financial Oversight Board.
Ms. Curry holds a Bachelor of Arts in Politics and Public Affairs and a Master of Arts in
Politics and Public Affairs from the University of Miami.
CONCLUSION
The appointment of Cynthia W. Curry as Acting Director of the Building Department will
ensure that the City continues to improve its building development processes, thereby
enhancing the service provided to residents, visitors and members of the construction
trade.
Pursuant to the requirements of Article IV, Section 4.02, of the City Charter, it is
recommended that the Mayor and City Commission adopt the resolution consenting and
confirming Cynthia W. Curry as the Acting Director of the Building Department.
T:\AGENDA\2010\Novernber 17\Consent\Cynthia Curry Merno.docx
PROFESSIONAL EXPERIENCE
FEBRUARY 21,2006 -FEBRUAR\~ 12,2010
COUSTY EL~c~~x\:~ OFFICE, R'II.~~~.II-DA.DE COUKTY
SEXIOR ADVISOR /ASSIST.~T COUS11' hI.WAGER
Charged with the responsibility of developing and guiding the implementation of critically
important housing and economic development strategies in addition to the oilersight of the
Finance Department, the Property Appraiser's Office, the Department of Housing and
Co~munity Development, Office of Economic Developtnent Coordination, Miami-Dade
Public Housing Agency, the Homeless Trust, Urban Revitalization Task Force, Housing
Finance Authority, and International Trade Consortium.
DECEMBER 19: 1998 -DECEMBER 2005
CWC &: ASSOCIATES, Ixc., PRESIDENTICEO
Directed corporate and public business consulting in the areas of business process re-
engineering; human resources development; community development and capacity building;
facilities services and construction management; marketinglprornotions, and event planning.
* Provided direct assistance and support to the President of the University, as the Chief
Business and Finance Officer for the University responsible for organizing and managing
divisions of human resources; facilities planning, design and operations; purchasing and
central support services; accounting; campus security; enviromnental health and safety;
traffic; parking; auxiliary senricest budget development and plaming. Those reporting
directly to the Senior Vice President for Business and Finance included an Associate Vice
President, an Assistant Vice President and tell Directors.
Senred as the liaison with the Florida Board of Regents for all administrative matters, and
served on the University Foundation, President's Executive Council, University
Administrative Council, and the Board of Regent's Council on Administrative and
Financial Affairs.
Cynthia W. Curry
.;.1
Provided direct assistance and support to the County Manager in upholding fiduciary
responsibilities to the Board of County Commissioners and to the public; administered the
policies and programs of Metropolitan Dade County Government, a multi-cultural,
general purpose government, senring 2,000,000 residents
Department of General Services Administration - Provided central support services,
including fleet: procurement, materials and insurance management necessary for the
proper operation of County Government
Department of Business and Economic Development - Provided direction and
coordination of technical assistance to minority and small businesses, and insured
compliance with race/gender conscious measures: and the Responsible Wages and
Benefits Ordinance
Department of Development and Facilities Management - Provided necessary central
support services in the areas of facilities management, design, construction and
maintenance, real estate acquisition, and lease negotiation and management
Office of Contract Coordination - Provided direction in the collection, automation and
dissemination of information regarding capitaVconstruction projects, including the
selection of Architecture and Engineering consultants for professional services
Office of Community Development - Administered the federal Community Development
Block Grant (CDBG) and Home Partnership lnvestnlent Programs to improve
neighborhoods and affordable housing stock
Special Housing Programs - Provided programs that improve the availability and
condition of privately- owned low and moderate-income housing in Dade County
(Moderate Rehabilitation, Housing Rental Assistance, Surtax Home ownership)
Independent Review Panel - Provided a process to accept and resolve complaints against
Metro-Dade County agencies and/or employees
Cynthia W. Curry
.
Provided assistance to Miami-Dade Board of County Commissioners as needed
Senred as the County Manager's liaison for Government Operations Committee. Served
as staff liaison for the Internal Management B Charter Review Committee, and the
Community & Economic Development and Agiculture Committee of the Board of
County Commissioners
Senred as the South Dade Hurricane Recovery Administrator - Project: C.H.A.R.T.
(Coordinated Hurricane Andrew Recovery Tearn) working with administrators from
HUD, FEMA, and the State of Florida to coordinate and accelerate the long-tern recovery
process of cleaning up and rebuilding South Dade
Developed and directed an emergency construction program to expedite the critical repair
and clean-up of County facilities after Humcane Andrew
Developed a permitting assistance program to assist the Beacon Council with potential
businesses to expedite critical permitting requirements for projects that could have a
significant impact on the local economy
Directed the planning and development of the Economic Recovery Strategies and the
South Dade Neighborhood Development Plan. These planning documents provided a
basis for the expenditure of disaster relief funding from the State and Federal Government
Served as a working member of the Homestead Air Force Base Re-Use and Economic
Redevelopment Plan Steering Committee, and senred as the liaison on behalf of Metro-
Dade with representatives of the Department of Defense
Participated in the preparation of application for national competition to the Department
of Labor which ultimately resulted in the designation of Homestead Air Force Base as a
site for one of nine Job Corps Centers
Provided direction and oversight in the development and i~nplernentation of minority
business programs for Blacks, Hispanics and Women
Co-Chair (1992-1994), provided guidance and oversight for the Annual Business
Assistance Expo, with over 5,000 attendees visiting exhibits and attending workshops on
topics such as international trade and export opportunities: small and minority business
development, financing, govemnent procurements, and recruitment/training
Cylthia W. Curry -
-. .
FEBRUARY 1987 -JUNE 1988
&'~ETROPOLIT.&X DADE COUXTY, OFFICE OF THE COUTTY RI:~XAGEH
EXECWIYE ASSISTAVr TO THE DEPUTY COUNTY R'IANAGER, AND INTEIUM COUNTY
RItmT~c~~
Provided direct assistance to the Deputy County Manager and the County Manager in
adnlinistering the polic.ies and programs of Metropolitan Dade County Government
o Provided administrative coordination for the Metro-Dade legislative package (State
and Federal) and monitored the progress of the package during the legislative session
By appointment of the County Manager, senled on several special project
management teams
(1) Personnel Placement (Pipeline) Cormnittee - responsible for overseeing the
placement process for employees impacted by adverse budget decisions
(3) Housing and Urban Deveioprnent Special Project Team - responsible for
implementing a comprehensive inspection and repair program for 12,100 HUD units,
with specific responsibility for administrative and fiscal aspects of the project
(procurement, information systems, and budget)
APRIL 1985 - JAA~UAR Z' 1987 - ASSISTA:\~T DIRECTOR
Responsible for assisting the Director with supervision and administration of both
Budget and Management Services staff
Responsible for the coordination of the County Manager's Management Trainee
Program
JUL r 1983 - .IIl.ai RCH 1985- BUDGET COORDII\'ATOR
Responsible for the preparation, format and publication of the Dade County Proposed
Operating Budget. Estimated all revenues and expenditures for the General Fund
Responsible for the monitoring and review process of the operating budget with direct
supervision of seven budget analysts
Responsible for assuring budget process met requirements of Florida Statutes (TRIM
Bill) and local government half-cent sales tax legislation
Responsible for assuring compliance with budgetary requirements for Federal
Revenue Sharing
Cynthia W. Curry. . -
Responsible for the analysis and on-going review of the budgets for various County
agencies, including Judicial Administration and Clerk of the Courts
Responsible for oversight of general government expenditures budgeted at over $200
million.
A UCUST 1978 -JUNE .I 983 - BUDGET AIULYST
Responsible for analysis, and on-going review of budgets for Human Resources,
Environmental Resources Management, Fire and Rescue, Traffic and Transportation
Administration, Parks and Recreation, Industrial Development Authority, Community
and Economic Development, the Miami-Dade Criminal Justice Council, and the
Metro-Dade Police Department.
Responsible for conducting a park study on the Miami Lakes Special Taxing District
for use in unit cost analysis and use in the preparation of the Parks and Recreation
Department budget
Developed a format by 157hich the recovery of indirect costs could be monitored by the
Office of Management and Budget
Assisted in the preparation of departmental budgets; formulated resolutions,
coordinated Community Development neighborhood forums; monitored performance
of departments with Community Development Block Grants
EDUCATION
M.~Y 1977 - UXIVERSITY OF MIAMI, CORAL GABLES, FLORIDA
Bachelor of Arts Degree - Politics & Public Affairs
Mortar Board Honor Society; Pi Sigma Alpha Political Science Honor Society
AUGUST 1978 - UNIVERSITY OF MMMI GRADUATE SCHOOL, CORAL GABLES, FLOR~DA
Master of Arts Degree - Politics and Public Affairs
DECEMBER 1979 - CERTIFICATE PROGRAM, PRICE WATERHOUSE AND COMPANY
Productivity Improvement Techniques
NOVEMBER 1981 - ~TATIoNAL JUDICIAL COLLEGE, UNR'ERSITY OF NEVADA -41 &NO
Certificate Program in Court Management - Managing Delay
NOVEMBER 1983 - NATIONAL ACADEMY OF PUBLIC ADMINISTRATION, LEESBURG: VIRGINIA
Course work - The Intergovernmental Challenge
Cynthia lV. Curry
. .
SPECIAL APPOINTMENTS
DECEMBER 1996 - J~E 1998 - GUBE%,UATORI.;U. APPOLXT~~XEXT
Member and Vice Chairperson of the Governor's Emergency Financial Oversight Board
to oversee the fiscal affairs of the City of Miami; and Chair of the Estimating Conference
Cornmi ttee.
MAY 1998 - OCTOBER 1998 - fiIL-tn.11-DADE COUIS'rY RlAYORAL APPOIKTMEKT
PROJECT DIRECTOR FOR EMPO\VERR.IENT ZOKE - ROUND 11 - APPLICATIOX DEVELOPMENT
Provided lead coordinatio~t for the development of the successful application for Federal
Empowerment Zone designation
AWARDS & RECOGNrflON
* President's Award for Distinguished Service, Florida InternationaI University, 1999
0 \.170rnan of Impact Award, Miami-Dade County - 1999
0 Rev. Dr. Martin Luther King Service Award, Florida International University - 1 999
Award for Outstanding Achievement and Service to the Community, Latin Builders
Association, 1999
Miami-Dade's Superstars Award - honoring Miami-Dade's most successful and
influential corporate, business, and community leaders for their personal and
professional contributions to the South Florida Community, Cystic Fibrosis
Foundation - 1998
Recognition for Accomplishments and Commitment for the Betterment of all People
in Broward County, 100 Black Men of Broward County, Inc. - 1998
Award for Outstanding Contribution and Service, The Black Business Association -
1998
Certificate of Appreciation for work in Srnalf Business Development, Greater Miami
Chamber of Comnerce - 1998
Recognition for Outstanding Achievement in Business and Finance, Delta Sigma
Theta Sorority - Miami Alumni Chapter - 1998
Ciean Sweep Award, Faculty Senate, Florida International University - 1997
Mary McLeod Bethune Award, Recognition for Civic Involven~ent - 1997
BEA Service to Community Award, Flu Black Employees Association - 1997
Certificate of Appreciation for Dedication to Women in Leadership, Florida Institute
of Government at FIU - 1997
Award for Service and Dedication to the FIU Student Body and to the Student
Government, FIU Student Government Council - 1997
Service Award for Support of Access Issues for Students and Employees with
Disabilities, FIU Disabled Students Association and the University Access and Equity
Committee - 1997
Pioneer Award, In the Company of Women - 1997
Certificate of Award for Outstanding Service in the Area of Afinnative Action and
Equal Opportunity Florida International University - 1996
Cynthia W. Cuny
0 National Public Senrice Leadership Award Recipient - National Forum for Black
Public Administrators, 1995
* Award of Excellence, Federation of Black Employees - 1994
Up and Comers Award - Outstanding Achievement in Government - 1990 (Presented
by the South Florida Business Journal and Price Waterhouse)
Award of Acllievement, The Farnily Christian Association of America, Inc. - 1989
Certificate of Award for Outstanding Accomplishments in Public Administration -
1988
Outstanding Chapter Senlice Award (National Forum for Black Public Administrators
- South Florida Chapter PTFBPA-SFC) - 1987
Young Professional Administrator of the Year, American Society of Public
Administration - 1984
Member, Orange Bowi Committee
Member, Alpha Kappa Alpha Sorority, Gamma Zeta Omega
Member, New Birth Baptist Church
Member, Board of Directors, National Association for the Advancement of Colored
People @!AACP), Miami-Dade Branch
REFEREKCES AVAILABLE UPON REQUEST
RESOLUTIONS TO BE SUBMITTED
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution approving an amendment to the lease (use) agreement for municipal parking spaces adjacent
to North Beach Elementary (NBE) for faculty and staff use.
Key Intended Outcome Supported:
[.~aintain or Improve Traffic Flow.
Supporting Data (Surveys, Environmental Scan, etc.):
1 74% of residents and 72% of businesses rate the availabilitv of ~arkina across the Citv as too little or much too little. I I Availability of parking was one of the changes residents identified to Gake Miami each better to live, work or play. I
Issue:
Should the City Commission approve an extensionlamendments to the lease agreement with the school
board for faculty and staff parking of North Beach Elementary permits?
Item SummarylRecommendation:
On October 18.2000. the Mavor and Commission a~~roved a lease aareement with Miami-Dade Countv 1
Public schools (MDCPS) pr6viding seventy-five (75j parking spaces Tor North Beach Elementary (NBE)
faculty and staff at a discounted parking rate. The leased parking spaces have been serving as
replacement parking for faculty and staff of NBE. The existing lease agreement provides for the following:
Twenty-four (24) dedicated parking spaces along 42" Street at no charge; twenty-four (24) dedicated
parking spaces in the northern row of the surface lot on 42" Street at a 50% of the monthly rate during
peak season; and twenty-seven (27) parking spaces in the 42nd Street parking garage at 50% of the
monthly rate during peak season. (Please note thaf NBE has never invoked the use of the twenty-seven
(27) parking spaces in the 4Pd Street Garage).The term of the lease is five (5) years, with five (5) year
extension options, upon the mutual consent of the parties. MDCPS is requesting to amend the lease
agreement as follows: (1) The total number of parking spaces available to the NBE shall be reduced from
48 to 30, and shall consist of 15 parking spaces along 42"d Street, and 15 dedicated parking spaces in the
City's surface parking lot on 42nd Street, as each term is defined in the Agreement.; (2) The City
acknowledges and agrees that MDCPS has extended the term of this Agreement for the five year term
commencing July 23, 201 1 and ending July 22, 2016. (3) The rental rate shall increase from $30 to $35
per parking space per month for the 15 surface lot parking spaces, resulting in an effective rental rate of
$3,150 per year, payable in twelve (12) equal monthly installments of $262.50. (4) A new Article XXVl is
added to read as follows: "Legal Fees and Court Costs - In the event of any litigation between the parties
under this Agreement, each party shall be responsible for its own attorney's fees and court costs through
trials and appellate levels. The provisions of this paragraph shall survive the termination of this Agreement.
(5) The attached Exhibit "A" shall replace the original Exhibit "A" to the Agreement. (6) All other terms and
conditions of the Agreement shall remain in full force and effect. The Administration has reviewed the
proposed amendments and has deemed them to be in the best interest of the City and NBE faculty and
staff. Adopt the Resolution.
Advisory Board Recommendation:
Financial Information:
I I
City Clerk's Office Legislative Tracking:
( Saul Frances, ext. 6483
Source of
Funds:
m
OBPl
Financial Impact Summary:
I
2
Total
Amount Account Approved
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez w
DATE: November 17,2010
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE USE
AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY,
FLORIDA, DATED OCTOBER 18,2000, PROVIDING PARKING SPACES FOR
NORTH BEACH ELEMENTARY FACULTY AND STAFF; SAID AMENDMENT
REDUCING THE NUMBER OF PARKING SPACES AVAILABLE FOR USE BY
THE BOARD TO 30; APPROVING THE NEXT FIVE (5) YEAR EXTENSION OF
THE AGREEMENT, COMMENCING ON JULY 23, 2011, AND EXPIRING ON
JULY 22,2016; AMENDING THE ANNUAL RENT PAID BY THE BOARD TO
THE ClTY FROM $4,320.00 TO $3,150.00 (OR FROM $360.00 PER MONTH, TO
$262.50 PER MONTH); AND ADDING A NEW ARTICLE ENTITLED, "LEGAL
FEES AND COURT COSTS".
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On October 18,2000, the Mayor and Commission approved a lease agreement with Miami-
Dade County Public Schools (MDCPS) providing seventy-five (75) parking spaces for North
Beach Elementary faculty and staff at a discounted parking rate. At the time, NBE expanded
their campus which led to the loss of their on-site parking for faculty and staff. The leased
parking spaces have since been serving as replacement parking for faculty and staff of NBE.
The existing lease agreement provides for the following:
1. Twenty-four (24) dedicated parking spaces along 42nd Street at no charge; twenty-
four (24) dedicated parking spaces in the northern row of the surface lot on 42nd
Street at a 50% of the monthly rate during peak season; and twenty-seven (27)
parking spaces in the 42" Street parking garage at 50% of the monthly rate during
peak season. (Please note that NBE has never invoked the use of the twenty-seven
(27) parking spaces in the 4Pd Street Garage).
2. The term of the lease is five (5) years, with five (5) year extension options, upon the
mutual consent of the parties and subject to review of the parking rates based on
actual usage realized at the garage and surface parking lot.
MDCPS is requesting to amend the lease agreement as follows:
The total number of parking spaces available to the NBE shall be reduced from 48 to
30, and shall consist of 15 parking spaces along 42nd Street at no charge (pursuant
November 17,2010
Cify Commission Memorandum
NBE Parking Space Lease Amendment
Page 2 of 2
to the lease agreement), and 15 dedicated parking spaces in the City's surface
parking lot on 42nd Street, at the approved 50% discount, as each term is defined in
the Agreement.
The City acknowledges and agrees that MDCPS has extended the term of this
Agreement for the five year term commencing July 23, 201 1 and ending July 22,
2016.
a The rental rate shall increase from $30 to $35 per parking space per month which is
a 50% discount of the current monthly parking permit rate of $70. This discounted
rate shall be applied to the 15 surface lot parking spaces, resulting in an effective
rental rate of $3,150 for the six month period of November lSf to April 3ofh each year;
however, it shall be payable in twelve (12) equal monthly installments of $262.50.
a A new Article XXVl is added to read as follows: "Legal Fees and Court Costs - In the
event of any litigation between the parties under this Agreement, each party shall be
responsible for its own attorney's fees and court costs through trials and appellate
levels. The provisions of this paragraph shall survive the termination of this
Agreement.
The attached Exhibit "A" shall replace the original Exhibit "A" to the Agreement.
All other terms and conditions of the Agreement shall remain in full force and effect.
ANALYSIS OF PROPOSED AMENDMENTS:
The Administration has reviewed the proposed amendments and has deemed them to be
in the best interest of the City as well as the faculty and staff of North Beach Elementary.
The reduction of leased parking spaces from a total of 75 parking spaces to 30 parking
spaces will provide additional parking availability in the area; the monthly rate shall increase
from $30 to $35 (50% discount of the current monthly rate of $70) per space per month; and
additional language shall be inserted clarifytng each party's responsibilities for legal fees and
court costs in the event of any litigation. Lastly, all other terms and conditions shall remain in
effect.
CONCLUSION
The Administration recommends that the Mayor and Commission approve the proposed
amendments to the lease agreement with Miami-Dade County Public Schools in order to
continue providing parking for North Beach Elementary faculty and staff. In addition, the
proposed amendments provide fora reduction in the total number of parking spaces leased
from 75 parking spaces to 30 parking spaces; an increase in the monthly parking rate from
$30 to $35; and additional provisions providing for each party being responsible for their
legal fees and court costs in the event of any litigation, Exhibit "A" is replaced with an
updated version, and all other terms and conditions of the Agreement shall remain in effect.
JMGIJGGISF
T:\AGENDAEOl O\Novemberl7201 O\ConsentWBEParkingSpaceLeaseAmendmendment.me.doc
EXHIBIT "A"
Metered Parking
LEGEND
(Total of 30 Parking Spaces)
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY
OF MIAMI BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE
USE AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY,
FLORIDA, DATED OCTOBER 18, 2000, PROVIDING PARKING SPACES
FOR NORTH BEACH ELEMENTARY FACULTY AND STAFF; SAID
AMENDMENT REDUCING THE NUMBER OF PARKING SPACES
AVAILABLE FOR USE BY THE BOARD TO 30; APPROVING THE NEXT
FIVE (5) YEAR EXTENSION OF THE AGREEMENT, COMMENCING ON
JULY 23, 2011, AND EXPIRING ON JULY 22, 2016; AMENDING THE
ANNUAL RENT PAID BY THE BOARD TO THE ClTY FROM $4,320.00 TO
$3,150.00 (OR FROM $360.00 PER MONTH, TO $262.50 PER MONTH); AND
ADDING A NEW ARTICLE ENTITLED, "LEGAL FEES AND COURT
COSTS".
WHEREAS, on October 18, 2000, the Mayor and Commission approved
Resolution No. 2000-24124, authorizing a Use Agreement with the School Board of
Miami-Dade County, Florida (the Board), for an initial five (5) year term, with
subsequent extension options of five (5) years each (subject to mutual consent of the
parties), for the Board's use of parking spaces for faculty and staff of North Beach
Elementary; and
WHEREAS, the Board and the City wish to extend the Use Agreement for
another five year term, commencing on July 23, 2011, and ending on July 22, 2016,
and, concurrent therewith, also wish to amend the Agreement, as follows:
The total number of parking spaces available to Board reduced to 30, and shall
consist of 15 metered parking spaces along 42"d Street, and 15 dedicated
parking spaces in the municipal surface parking lot on 42" Street;
The rental rate shall decrease from four thousand three hundred twenty dollars
($4,320.00) per year, to three thousand one hundred fifty dollars ($3,150.00) per
year, payable in twelve (12) equal monthly installments of two hundred sixty two
dollars and fifty cents ($262.50); and
A new section, entitled "Legal Fees and Court Costs," shall be added to
Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve a First Amendment to the Use Agreement with the School
Board of Miami-Dade County, Florida, dated October 18, 2000, providing parking spaces
for North Beach Elementary Faculty and Staff; said amendment reducing the number of
parking spaces available for use by the Board to 30; approving the next five (5) year
extension of the agreement, commencing on July 23, 201 1, and expiring on July 22,
2016; and amending the annual rent paid by the Board to the City from $4,320.00 to
$3,150.00 (or from $360.00 per month, to $262.50 per month); and adding a new article
entitled, "Legal Fees and Court Costs".
PASSED AND ADOPTED this day of ,2010
ATTEST:
CITY CLERK
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
FIRST AMENDMENT TO USE AGREEMENT
THIS FIRST AMENDMENT TO USE AGREEMENT (the "Amendment") is made and
entered into this day of 201 0, by and between THE SCHOOL
BOARD OF MIAMI-DADE COUNTY, FLORIDA, a body corporate and politic (hereinafter
referred to as the "LESSEE"), and the CITY OF MIAMI BEACH, a municipal corporation of
the State of Florida (hereinafter referred to as the "LESSOR).
RECITALS
WHEREAS, the LESSOR and LESSEE entered into that certain Use Agreement,
dated October 18, 2000 (the "Agreement"), for LESSEE'S use of the parking facilities at
North Beach Elementary School ("SCHOOL"), located at 4100 Prairie Avenue; and
WHEREAS, LESSOR and LESSEE hereby consent to a renewal of the Agreement
for another five (5) year term, commencing on July 23,201 1, and ending on July 22,2016,
subject to the amendments set forth herein, which amendments shall be effective as of
July 23, 201 1.
NOW THEREFORE, for and in consideration of the conditions and covenants
hereinafter contained and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. Article I of the Agreement, entitled "Premises to Be Leased", is hereby
amended, as follows:
LESSOR hereby leases to LESSEE and LESSEE hereby leases from
LESSOR the following described facilities, totaling
thirtv (30) parking spaces, hereinafter collectively called the "DEMISED
PREMISES," lying and being in the City of Miami Beach, County of Miami-
Dade, State of Florida, and more particularly described in Exhibit "A,"
attached hereto and made a part hereof, to wit:
Fifteen (1 5) dedicated metered parking spaces along
meinafter called "METERED PARKING"); and
0 Fifteen (1 5) dedicated parking spaces in the last row
of the surface lot on 42nd Street, (hereinafter called "SURFACE
LOT").
Page 1 of 3
3. Paragraph 1 of Article IV of the Agreement, entitled "Consideration," is
hereby amended, as follows:
Other than as stipulated in Article V, LESSEE does hereby covenant and
agree to pay LESSOR, and LESSOR does hereby covenant and agree to
accept from LESSEE, as full consideration for the use and occupancy of
the DEMISED PREMISES, the sum of V
THREE THOUSAND ONE
HUNDRED FIFTY DOLLAR ($3,150) per year, payable in twelve (12)
equal monthly installments of V.EC SCXT !3QUAM
@3@40) TWO HUNDRED SIXTY TWO DOLLARS AND FIFTY CENTS
($262.50). 1 $30
a*: Tkse4a4 bo nc &ixg&wk LES-TEW
4. A new Article XXVl is added to read as follows:
LEGAL FEES AND COURT COSTS
In the event of any litigation between the parties under this Asreement,
each party shall be res~onsible for its own attorney's fees and court costs
through trials and appellate levels. The provisions of this paragraph shall
survive the termination of this Agreement."
5. Exhibit "A of the Agreement is replaced with a new Exhibit "A as
attached and incorporated to this Amendment.
6. All other terms and conditions of the Agreement shall remain in full force
and effect.
Page 2 of 3
IN WITNESS WHEREOF, the LESSOR and LESSEE have caused this Amendment
to be executed by their respective and duly authorized officers the day and year first
hereinabove written.
LESSOR: LESSEE:
THE ClTY OF MIAMI BEACH, FLORIDA THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA
Matti Herrera Bower, MAYOR
Attest:
Alberto M. Carvalho
Superintendent of Schools
Robert Parcher, ClTY CLERK
WitnessISignature
Print Name
WitnessISignature
Print Name
Underscore denotes new language
denotes deleted language
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Page 3 of 3
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
Resolution: Approval of a Preconstruction Application for Historic Ad Valorem Tax Exemption for the
Single-Family Property at 2740 North Bay Road.
Key Intended Outcome Supported:
Designation and retention of historically significant properties.
Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Survey, all respondents were
asked to indicate if they felt the effort put forth by the City of Miami Beach on historic preservation was
too little, too much or about the right amount. 77.1 % of respondents reported that the effort put forth
by the City of Miami Beach on historic preservation is "about the right amount."
Issue:
The Administration is requesting that the Mayor and City Commission consider the proposed resolution,
which would approve a Preconstruction Application for Historic Ad Valorem Tax Exemption for a single-
family property located at 2740 North Bay Road.
Item Summary/Recommendation:
The Administration recommends approval of the resolution.
Advisory Board Recommendation:
On May 11,201 0, the City's Historic Preservation Board held a public hearing and voted unanimously (7 to
0) to approve the individual designation of the single-family residence at 2740 North Bay Road as an
historic structure; and
At the same public hearing, the Historic Preservation Board reviewed and unanimously approved (7 to 0)
the proposed improvements to the subject single-family property and granted a Certificate of
Appropriateness, subject to certain conditions indicated in the Final Order of the Board.
On September 14,2010, the Historic Preservation Board held a public hearing and voted unanimously (5 to
0, 2 absent) in favor of recommending that the Mayor and City Commission approve a Preconstruction
Application for Historic Ad Valorem Tax Exemption for qualifying improvements to the historically
designated single-family property at 2740 North Bay Road.
Financial Information:
I source of Amount Account 1
Funds:
I I I
Financial Impact Summary: I
1
2
OBPl
City Clerk's Office Legislative Tracking:
William H. Cary, Assistant Planning Director; Debbie Tackett, Senior Planner. 1
3
Total
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
DATE: November 17,201 0
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A
PRECONSTRUCTION APPLICATION FOR HISTORIC AD
VALOREM TAX EXEMPTION FOR A SINGLE-FAMILY
PROPERTY AT 2740 NORTH BAY ROAD, AND AUTHORIZING
THE MIAMI-DADE COUNTY PROPERTY APPRAISER'S
OFFICE TO GRANT THIS TAX EXEMPTION FOR THE CITY'S
PORTION OF AD VALOREM PROPERTY TAXES FOR
QUALIFYING IMPROVEMENTS TO THE SUBJECT PROPERTY
FOLLOWING SUBSTANTIAL COMPLETION OF THE PROJECT
AND COMPLIANCE WITH CERTAIN CONDITIONS.
ADMINISTRATION RECOMMENDATION
The Administration is requesting that the Mayor and City Commission adopt the
proposed resolution, thereby approving a Preconstruction Application for Historic Ad
Valorem Tax Exemption for a single-family property located at 2740 North Bay Road.
HISTORIC SINGLE-FAMILY AD VALOREM TAX EXEMPTION
On December 8, 2004, the City of Miami Beach enacted legislation that authorizes an
exemption for its portion of ad valorem taxes for improvements to historically designated
single-family homes (Sections 118-600 to 118-612 of the Miami Beach City Code). This
legislation allows for the City's portion of property taxes to be "frozen" at the rate they
were assessed before qualifying improvements are made to an historic single-family
home for a period of ten (10) years. The "freezing" is accomplished by removing from
the assessment the incremental value added by the qualifying improvements. Only the
incremental value of the qualifying improvements shall be "frozen" for the ten year
period.
Qualifying improvements are the result of restoration, renovation, rehabilitation and/or
compatible additions to an historic single-family property. In order for an improvement to
qualify for an exemption, the improvement must be determined by the Historic
Preservation Board and City Commission to be consistent with the Secretary of the
Interior's Standards for Rehabilitation and the Certificate of Appropriateness Criteria in
Section 1 18-564 of the Miami Beach City Code. However, the Miami-Dade County
Commission Memorandum of November 17,2010
Historic Single-Family Ad Valorem Tax Exemption
2740 North Bay Road
Page 2 of 6
Property Appraiser's Office will make the final determination of whether an improvement
qualifies for an exemption.
The application for Historic Ad Valorem Tax Exemption is a two step process. The "Part
1 - Preconstruction Application" is normally submitted to the Planning Department prior
to any construction or demolition for an eligible single-family property. The "Part 2 -
Review of Completed Work" is submitted to the Planning Department upon substantial
completion of the project.
Upon submittal of a completed Part 1 - Preconstruction Application, the Planning
Department will schedule the request for approval of Historic Ad Valorem Tax Exemption
from the Historic Preservation Board at their next regularly scheduled meeting. The
Board will review and make a recommendation to the City Commission to grant or deny
an application for tax exemption.
The Planning Department will transmit the request for approval of Historic Ad Valorem
Tax Exemption, together with the Part I - Preconstruction Application and the
recommendations of the Historic Preservation Board and staff, for final consideration by
the City Commission at a regularly scheduled meeting. A majority vote of the City
Commission is required to approve an application for tax exemption.
For final approval of an Historic Ad Valorem Tax Exemption, the applicant must submit
to the Planning Department the Part 2 - Review of Completed Work upon substantial
completion of the project. A review will be conducted by Planning Department staff to
determine whether or not the completed improvements are in compliance with the work
approved by the City Commission in the Part 1 - Preconstruction Application. To qualify
for a tax exemption, the property owner is required to enter into a covenant or
agreement with the City guaranteeing that the character of the property and its qualifying
improvements will be maintained during the period that the exemption is granted.
LEGAL DESCRIPTION
The subject property is located at 2740 North Bay Road on Lot 10 in Block 12 of
"AMENDED PLAT OF SUNSET LAKE SUBDIVISON," according to the Plat thereof, as
recorded in Plat Book 8 at Page 52, of the Public Records of Dade County, now known
as Miami-Dade County, Florida, excepting the following described parcel of land:
Beginning at the Northeasterly corner of Lot 10, in Block 12, at SUNSET LAKE
SUBDIVISION, according to the Plat thereof, as recorded n Plat Book 8 at Page 52, of
the Public Records of Dade County, now known as Miami-Dade County, Florida, said
corner being in the Westerly line of North Bay Road at a distance of 80.1 feet South from
the intersection of the Southerly line of West 29 Street and the Westerly line of North Bay
Road, as measured along in said Block 12, for a distance of 258.75 feet more or less to
the Northwesterly corner of said Lot 10; thence Northeasterly for a distance of 241.88
feet more or less to a point in the Westerly said North Bay Road, said point being 25 feet
South, as measured along the Westerly line of said North Bay Road, from the
Northeasterly corner of said Lot 10; thence Northerly along the Westerly line of said
North Bay Road for a distance of 25 feet to the Point and Place of Beginning.
EXISTING STRUCTURE
Built in 1929 and designed by architect, August Geiger, the subject residence is a good
example of the Mediterranean Revival style of architecture. The distinctive two-story
Commission Memorandum of November 17,2010
Historic Single-Family Ad Valorem Tax Exemption
2740 North Bay Road
Page 3 of 6
residence is characterized by an asymmetric street fa~ade, complex massing, multiple
barrel tile gable and rounded-arched front entry door. Many well defined original
architectural features of the house add artistic value and character to the structure and
the neighborhood. The carefully executed design was clearly done with the highest
regard to the character of the house and the neighborhood in which it rests, as
evidenced by the careful attention to detail expressed throughout the design, both on the
exterior and interior.
BACKGROUND
On May 11, 2010, the Historic Preservation Board approved a request by the applicant
for the individual designation of the single-family property at 2740 North Bay Road as an
historic structure. The Board also voted to approve a request for approval of a
Certificate of Appropriateness for the partial demolition, renovation and restoration of the
existing home and the construction of a new addition.
On September 14, 2010, the Historic Preservation Board held a public hearing and voted
unanimously (5 to 0, 2 absent) in favor of recommending that the Mayor and City
Commission approve a Preconstruction Application for Historic Ad Valorem Tax
Exemption for qualifying improvements to the historically designated single-family
property at 2740 North Bay Road.
SCOPE OF PROJECT
The a~~licant is reauestinq that the Historic Preservation Board recommend approval of
an apbiication for ~istoric~d Valorem Tax Exemption for the single-family property at
2740 North Bay Road. Staff recommends the improvements to the historic residence
and site indicated below.
A. Exterior Architectural Features
(For clarification, staff identifies qualifying additions to an historic home to be
which are fully attached to the existing house, are necessary to bring the existing
structure up to a level of livability more comparable to new surrounding homes,
and do not remove or adversely alter significant historic architectural features.)
I. A single-story, 191 square foot addition will be constructed on the ground
level of the northwest side of the existing home. This addition will contain a
portion of the enlarged kitchen.
2. A second-story, 2,330 square foot addition will be constructed above the
existing, single-story attached, three car garage at the northeast corner of the
property. This second story addition will contain a bedroom, bathroom and
playroom.
3. A 35 square foot covered balcony will be constructed at the northeast portion
of the home at the second level.
5. A 412 square foot rear covered terrace will be constructed on the ground
level at the west side of the home.
6. The original arched wood door made up of wood spindles located at the east
elevation will be retained and restored.
Commission Memorandum of November 17,2010
Historic Single-Family Ad Valorem Tax Exemption
2740 North Bay Road
Page 4 of 6
7. All existing windows will be removed and replaced with impact resistant
windows to match the original window configuration. A new structural
concrete perimeter frame will be installed in order to anchor the new impact
windows into the existing walls.
8. The existing chimney located at the west side of the home will be retained
and restored.
B. Interior Architectural Features
(The interior features indicated below may not be considered by the Miami-Dade
County Tax Appraiser to be qualifying for the tax exemption.)
I. The original wood colonnade which spans the width of the living room from
east to west will be retained and restored.
2. The original balconet (including the railings and French doors) located along
the second floor hallway which overlooks the living room will be retained and
restored.
3. The original carved keystone fireplace mantel located within the living room
will be retained and restored.
4. New mechanical and electrical systems will be added throughout the
structure to ensure energy efficiency compliance with current code and
standards.
5. The existing ground level, single story 898 square foot garage will be
converted into air-conditioned habitable space.
C. Landscape Features
(The landscape and site improvements indicated below are not considered to be
qualifying for the tax exemption.)
1. The existing swimming pool will be retained and repaired and the pool deck
and patio will be resurfaced with a new paving material.
2. A single-story 294 square foot gazebo at the western portion of the property
will be constructed.
FISCAL IMPACT
According to the applicant, the estimated cost of the entire project is $3,550,000 and the
value of ihe proposed qualifying improvements for the subject single-family property is
$3,125,000. The project commencement date is scheduled for November 2010 and the
estimated project completion date is June 2012.
Please note that the revenue implication calculation provided below is a rough
approximation. It assumes that the Miami-Dade County Property Appraiser's Office will
not reduce the actual square footage of the additions to adjusted square footage. It
Commission Memorandum of November 17,2010
Historic Single-Family Ad Valorem Tax Exemption
2740 North Bay Road
Page 5 of 6
assumes that the City's millage rate, the building market value, as well as the building
class and grade value will remain the same. It is also based solely on the estimated
value of the new additions and not to any repairs to the historic residence.
The Miami-Dade County Property Appraiser's Office determined in 2009 that the subject
property has an adjusted square footage of 6,119 and a building value of $932,948. The
lot size is approximately 28,245 square feet with a land value of $3,758,582.
The Property Appraiser's Office advised that the subject property has an effective
building value per adjusted square foot of $152 which is based upon its building class
and grade. According to the applicant, the proposed actual square footage of the
qualifying building additions for the site is approximately 3419 square feet. Then the
estimated value of the proposed increase in qualifying square footage only, would be
$521,056. This figure does not include any other qualifying improvements that the
County Tax Appraiser may determine to add value to the property. The County Tax
Appraiser may determine certain improvements to the existing structure to be
maintenance and therefore not adding building value to the property. In FY 201 011 1, the
adopted millage rate for the City of Miami Beach is 6.2155.
For the sole purpose of providing an estimated savings to the property owner (based on
solely on the square footage of qualifying additions), we will assume there will be no
change in millage rate over the ten year period in which the exemption is granted. When
using the estimated 6.2155 millage rate for FY 2001 011 1, the applicant will save annually
approximately $3240 from Miami Beach's portion of property taxes. Again, this
calculation is a rough estimate of the revenue implication to the City due to many
variables.
ANALYlSlS
Staff commends the applicant for the retention and designation of the single family
home, designed by August Geiger and constructed in 192% An earlier proposal for the
subject property was previously reviewed and approved by the Design Review Board,
which substantially demolished the majority of the existing historic residence, including
all of the roofs in order to raise the entire structure up to the minimum flood elevation. In
reconsidering this proposal, the owner became concerned with the loss of the
remarkable design identity and intimate character of the home, and instead met with
staff to seek its designation.
While staff is supportive of the application, there are certain improvements listed by the
applicant which staff does not consider to be qualifying. These improvements either
remove or adversely alter significant architectural features of the historic home, are not
restorative in nature and are not necessary to bring the existing structure up to a level of
livability more comparable to newer surrounding homes. Staff has brought these
recommendations to the attention of the applicant during the initial review of the
application.
Staff does not recommend the following improvements to be qualifying for the tax
abatement:
1. A second-story, 328 square foot addition will be constructed at the west side
of the home consisting of a sitting area and terrace with hot tub located
Commission Memorandum of November 17,2010
Historic Single-Family Ad Valorem Tax Exemption
2740 North Bay Road
Page 6 of 6
adjacent to the already generous master suite of rooms.
2. A 39 square foot vestibule and AIC closets will be added at the east side of
home which will require the removal of original fenestration and exterior wall
at the primary fa~ade.
3. A 988 square foot loggia will be added at the east side of the home at the
ground level which will significantly alter the original primary facade of the
historic structure and which will remove significant architectural features
including the original front entrance door.
4. A 188 square foot new covered porch will be added to the ground floor at the
east side of the home adjacent to the existing courtyard and original entrance
porch. This will alter the original significant entrance courtyard area.
5. A 167 square foot covered terrace will be constructed on the second level of
the proposed master suite at the west side of the home providing a new
sundeck above the new breezeway and requires the removal and
replacement of significant architectural features of the primary fa~ade.
6. A single story, 864 square foot garage will be partially attached to the east
side at the primary facade of the home at the ground level. The existing
home already incorporates a 3 car garage which is proposed to be converted
into multiple bedrooms and staff quarters on two levels.
The applicant is to be greatly commended for the retention and restoration of the subject
home. It is very important that the current owner has chosen to preserve and expand
this historic home, rather than to demolish and replace it. The historically significant
home is an asset to the neighborhood, and as such staff recommends approval of the
tax exemption application.
RECOMMENDATION
In view of the foregoing analysis, and consistency with the Secretary of the Interior's
Standards for Rehabilitation and the Certificate of Appropriateness Criteria in Section
118-564 of the Miami Beach City Code, staff recommends in favor of the application for
Miami Beach Historic Ad Valorem Tax Exemption for the single-family residence at 2740
North Bay Road.
Rgc
JMG:JGG:RGL:WHC:DJT
T:\AGENDA\2010\Novernber 17\Consent\2740 N Bay Rd-SF Ad Valorem-Mema.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, APPROVING A PRECONSTRUCTION
APPLICATION FOR HISTORIC AD VALOREM TAX EXEMPTION FOR A
SINGLE-FAMILY PROPERTY AT 2740 NORTH BAY ROAD, AND
AUTHORIZING THE MIAMI-DADE COUNTY PROPERTY APPRAISER'S
OFFICE TO GRANT THIS TAX EXEMPTION FOR THE CITY'S PORTION OF
AD VALOREM PROPERTY TAXES FOR QUALIFYING IMPROVEMENTS TO
THE SUBJECT PROPERTY FOLLOWING SUBSTANTIAL COMPLETION OF
THE PROJECT AND COMPLIANCE WITH CERTAIN CONDITIONS.
WHEREAS, the Mayor and City Commission have deemed it in the best interest and
welfare of the City of Miami Beach ("City") to provide financial incentives for the retention and
rehabilitation of architecturally and historically significant single-family homes in Miami Beach;
and
WHEREAS, on December 8, 2004, the Miami Beach City Commission adopted
Ordinance No. 2004-3469 that authorizes an exemption for the City's portion of ad valorem
taxes if qualifying improvements are made to historically designated single-family homes; and
WHEREAS, Claude Dray, the owner of real property located at 2740 North Bay Road
(Lot 10 in Block 12 of "AMENDED PLAT OF SUNSET LAKE SUBDIVISON," according to the
Plat thereof, as recorded in Plat Book 8 at Page 52, of the Public Records of Miami-Dade
County, Florida), submitted requests to the City's Planning Department for the following: a)
designation of the property as an historic structure, b) a Certificate of Appropriateness, and c)
an Historic Ad Valorem Tax Exemption for the subject property; and
WHEREAS, on May 11, 2010, the City's Historic Preservation Board held a public
hearing and voted unanimously (7 to 0) to approve the individual designation of the single-family
residence at 2740 North Bay Road as an historic structure [Exhibit "A"]; and
WHEREAS, at the same public hearing, the Historic Preservation Board reviewed and
unanimously approved (7 to 0) the proposed improvements to the subject single-family property
and granted a Certificate of Appropriateness, subject to certain conditions indicated in the Final
Order of the Board [Exhibit "B"]; and
WHEREAS, on September 14, 2010, the Historic Preservation Board held a public
hearing and voted unanimously (5 to 0, 2 absent) in favor of recommending that the Mayor and
City Commission approve a Preconstruction Application for Historic Ad Valorem Tax Exemption
for qualifying improvements to the historically designated single-family property at 2740 North
Bay Road; and
WHEREAS, the Historic Preservation Board has certified that the subject single-family
property for which an exemption is requested is eligible and satisfies Section 118-602(a) of the
Miami Beach City Code; and
WHEREAS, the Historic Preservation Board has determined that the proposed
improvements to the subject single-family property are consistent with the Secretary of the
Interior's Standards for Rehabilitation and the Certificate of Appropriateness criteria in Section
11 8-564 of the Miami Beach City Code, in accordance with Section 1 18-602(b); and
WHEREAS, the City's Planning Department has recommended that this request for a
tax exemption for the subject single-family property be granted, subject to all of the conditions
set forth herein and the Historic Preservation Board Order (Exhibit "B").
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that a Preconstruction Application
for Historic Ad Valorem Tax Exemption for the subject single-family property at 2740 North Bay
Road be approved, subject to the conditions of the Historic Preservation Board Order (Exhibit
"B") and the following conditions:
1. Scope of Tax Exem~tion. The exemption shall apply to one hundred (100) percent of
the assessed value of all qualifying improvements to the single-family property that result
from restoration, renovation, rehabilitation, and/or compatible additions. The exemption
applies only to taxes levied by the City. The exemption does not apply to taxes levied
for the payment of bonds or to taxes authorized by a vote of the electors pursuant to the
Miami Beach City Code or the Florida Constitution. The exemption does not apply to
personal property or to properties located within a community redevelopment area. The
Miami-Dade County Property Appraiser's Office will make the final determination of
whether an improvement qualifies for an exemption.
2. Amroved Qualifvina Improvements. The qualifying improvements to the subject single-
family property delineated below are considered to be eligible for the tax exemption, as
submitted to and approved by the City's Historic Preservation Board.
a. A single-story, 191 square foot addition will be constructed on the ground level of the
northwest side of the existing home. This addition will contain a portion of the
enlarged kitchen.
b. A second-story, 2,330 square foot addition will be constructed above the existing,
single-story attached, three car garage at the northeast corner of the property. This
second story addition will contain a bedroom, bathroom and playroom.
c. A 35 square foot covered balcony will be constructed at the northeast portion of the
home at the second level.
d. A 412 square foot rear covered terrace will be constructed on the ground level at the
west side of the home.
e. The original arched wood door made up of wood spindles located at the east
elevation will be retained and restored.
f. All existing windows will be removed and replaced with impact resistant windows to
match the original window configuration. A new structural concrete perimeter frame
will be installed in order to anchor the new impact windows into the existing walls.
g. The existing chimney located at the west side of the home will be retained and
restored.
h. The original wood colonnade which spans the width of the living room from east to
west will be retained and restored.
i. The original balconet (including the railings and French doors) located along the
second floor hallway which overlooks the living room will be retained and restored.
j. The original carved keystone fireplace mantel located within the living room will be
retained and restored.
k. New mechanical and electrical systems will be added throughout the structure to
ensure energy efficiency compliance with current code and standards.
I. The existing ground level, single story 898 square foot garage will be converted into
air-conditioned habitable space.
3. Duration of Tax Exemption. The exemption shall take effect on the January IS' following
substantial completion of the improvements. The exemption shall remain in effect for ten
(I 0) years. The duration of ten (1 0) years shall continue regardless of any change in the
authority of the City to grant such exemptions or any changes in ownership of the
property.
4. Required Covenant. The property owner shall enter into a covenant with the City for the
term for which the exemption is granted. The covenant shall be form approved by the
City Attorney and shall require that the character of the property, and the qualifying
improvements to the property, be maintained during the period that the exemption is
granted. Before the effective date of the exemption, the owner of the property shall have
the covenant recorded in the official records of Miami-Dade County, Florida. The
covenant shall be binding on the current property owner, transferees, and their heirs,
successors, and assigns. Violation of the covenant shall result in the property owner
being required to pay the differences between the total amount of taxes which would
have been due in March in each of the previous years in which the covenant was in
effect had the property not received the exemption and the total amount of taxes actually
paid in those years, plus interest on the difference calculated as provided in F.S. §
212.12(3).
5. Buildina Permit Plans and Construction. Building permit plans must accurately reflect all
improvements approved by the Historic Preservation Board and City Commission in the
Preconstruction Application and architectural drawings for the single-family property. All
work on site must be in accordance with the building permit plans.
6. Amendments. All proposed amendments to the approved application and permit plans
must be reviewed and approved prior to the completion of the improvements. Minor
amendments to permit plans may be approved by the Planning Department provided
such amendments are consistent with the Secretary of the Interior's Standards for
Rehabilitation and the Certificate of Appropriateness criteria in Section 118-564 of the
Miami Beach City Code. Major amendments to the approved plans must be reviewed
and approved by the Historic Preservation Board.
Completion of Work. An application must complete all work within 30 months following
the date of approval by the city commission. An approval for ad valorem tax exemption
shall expire if the building permit for the approved work is not issued within the
timeframes specified under the corresponding certificate of appropriateness, or if a full
building permit issued for the approved work should expire or become null and void, for
any reason. The approval for ad valorem tax exemption shall be suspended if such
permit is issued but the property owner has not submitted a final request for review of
completed work within 30 months following the date of approval by the city commission.
The Historic Preservation Board, for good cause shown, may extend the time for
completion of a substantial improvement for a period not to exceed two years from the
completion date in the original approval by the city commission, or such lesser time as
may be prescribed by the board.
8. Review of Completed Work. The applicant shall submit a request for Review of
Completed Work to the Planning Department no less than 30 calendar days prior to the
effective date of expiration of approval by the City Commission, as may be extended by
the Historic Preservation Board. The Planning Department shall conduct a review to
determine whether or not the completed improvements are in compliance with the work
approved by the City Commission, including any approved amendments. If the Planning
Department determines that the work is in compliance, the final request for Review of
Completed Work shall be approved and issued in writing to the applicant. If the Planning
Department determines that the work as completed is not in compliance, the applicant
will be advised in writing that the final request for Review of Completed Work has been
denied. A written summary of the reasons for the determination will be provided,
including recommendations concerning the changes to the proposed work necessary to
bring it into compliance. The applicant may file an appeal of the decision of the Planning
Department within 15 days of such decision. The appeal shall be in writing and shall be
to the Historic Preservation Board and shall set forth the factual and legal bases for the
appeal.
9. Notice of Approval to the ProoertV A~praiser. Upon the receipt of a certified copy of the
recorded restrictive covenant, the Planning Department shall transmit a copy of the
approved request for Review of Completed Work, the exemption covenant, and the
resolution of the City Commission approving the final application and authorizing the tax
exemption to the Miami-Dade County Property Appraiser's Office. Final verification of
substantial completion of the improvements shall be determined by the Miami-Dade
County Property Appraiser's Office. If final verification of substantial completion and
approval are given by the Miami-Dade County Property Appraiser's Office, the
exemption shall take effect on the January ISt following substantial completion of the
improvements.
PASSED and ADOPTED this day of ,2010.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM & LANGUAGE
& FOR EXECURN: n
T:\AGENDA\2010\0ctober 2AConsentE740 N Bay Rd-SF Ad Valorem-Reso.doc
EXHIBIT 'A'
SINGLE-FAMILY RESIDENCE
2740 North Bay Road
HISTORIC STRUCTURE
DESIGNATION REPORT
PREPAREDBY
CITY OF MIAMI BEACH PLANNING DEPARTMENT
DESIGN, PRESERVATION & NEIGHBORHOOD PLANNING DIVISION
Richard G. Lorber, AICP, LEED AP, Acting Director, Planning Department
William H. Cary, Assistant Planning Director
Thomas R. Mooney, AICP, Design and Preservation Manager
Debbie Tackett, Senior Planner
CITY OF MIAMI BEACH HISTORIC PRESERVATION BOARD
Jeff Donnelly, Chair
Erika Brigham
Henry Lares
Jo Manning
Simon Nemni
Norberto Rosenstein
David Wieder
May 11,2010
Adopted on May 11,201 0
(HPB File No. 7132)
EXHIBIT 'A'
I. REQUEST
The applicant, Delphine Dray, is requesting that the Historic Preservation Board approve a request
for the designation of an existing single-family home as an historic structure.
II. DESIGNATION PROCESS
The process of designation for historic structures is delineated in Section 11 8-591 (f) in the Land
Development Regulations of the City Code. An outline of this process is provided below:
Ste~ One: An application for the individual designation of a single-family home as an historic
structure is submitted by the property owner to the Planning Department for
recommendation to the Historic Preservation Board. The Board will make a
determination as to whether the single-family home may be designated as an historic
structure based upon the requirements and criteria of Section 118-592 in the Land
Development Regulations of the City Code.
Step Two: Upon receipt of a completed application package, the Planning Department prepares
a Designation Report that will be presented to the Historic Preservation Board at a
regularly scheduled meeting. The Designation Report is an historical and
architectural analysis of the proposed historic structure.
- -- .
- Ste~ Three: The Designation Report is presented to the Historic Presemtion Board at a public
hearing. If the Board finds that the proposed single-family designation application
meets the criteria set forth in Section 1 18-592 of the Land Development Regulations
in the City Code, it may formally adopt the single-family home as a local historic
structure. No public hearing is required before the Planning Board or City
Commission. Upon the designation of a single-family home as an historic structure,
the structure is subject to the Certificate of Appropriateness requirements of Article X
of the Land Development Regulations in the City Code, with the exception of the
interior areas of the structure (which are not be subject to such regulations).
Ill. RELATION TO ORDINANCE CRITERIA
1. In accordance with Section I1 8-592 in the Land Development Regulations of the City Code,
eligibilityfor designation is determined on the basis of compliance with the listed criteria set
forth below.
(a) The Historic Preservation Board shall have the authority to recommend that
properties be designated as historic buildings, historic structures, historic
improvements, historic landscape features, historic interiors (architecturally
significant public portions only), historic sites or historic districts if they are significant
in the historical, architectural, cultural, aesthetic or archeological heritage of the city,
the county, state or nation. Such properties shall possess an integrity of location,
design, setting, materials, workmanship, feeling or association and meet at least one
(1 ) of the following criteria:
(1) Association with events that have made a significant contribution to the
history of the city, the county, state or nation;
(2) Association with the lives of persons significant in the city's past history;
EXHIBIT 'A'
(3) Embody the distinctive characteristics of an historical period, architectural or
design style or method of construction;
(4) Possesses high artistic values;
(5) Represent the work of a master, serve as an outstanding or representative
work of a master designer, architect or builder who contributed to our
historical, aesthetic or architectural heritage;
(6) Have yielded, or are likely to yield information important in pre-history or
history;
(7) Be listed in the National Register of Historic Places;
(8) Consist of a geographically definable area that possesses a significant
concentration of sites, buildings or structures united by historically significant
past events or aesthetically by plan or physical development, whose
components may lack individual distinction.
(b) A building, structure (including the public portions of the interior), improvement or
landscape feature may be designated historic even if it has been altered if the
alteration is reversible and the most significant architectural elements are intact and
repairable.
2. The single-family residence at 2740 North Bay Road is eligible for designation as an historic
structure as it complies with the criteria as specified in Section 118-592 in the Land
Development Regulations of the City Code outlined above.
Staff finds that the proposed Historic Sinale Family Home located at 4343 North Bay
Road possesses integritv of location, design, setting, materials, workmanship,
feeling, or association for the following reasons:
Satisfied; The construction of the home located at 2740 North Bay Road in 1929, at fhe end
of the Florida Boom and the same year of the stock market crash, was clearly significant in
the successful development history of the City of Miami Beach. The design and construction
of the home brought a architectural style of high aesthetic appeal and stature to the
neighborhood, as well as highly prominent local architect, August Geiger, who was qualified
to execute it. The proposed historic home still possess the integrity of its original location
at2740 North Bay Road, despite more than eighty years of hurricanes, storms, and
economic crises. Further, the original building still retains many of its historic materials,
details, and workmanship as well as the feeling of its late 1920s period of construction in
Miami Beach.
(a) Staff finds the proposed historic site to be eligible for historic designation and in
conformance with the designation criteria for the following reasons:
(1) Association with events that have made a significant contribution to the
history of the city, the county, state or nation;
The single family residence located at 2740 North Bay Road, built on the
brink of the Great Depression, is a last gasp of the Florida Boom of the
EXHIBIT 'A'
1920~~ when wealthy northern industrialists flooded into Florida, building their
palatial winter residences and investing in real estate speculation. Specific
to Miami Beach, this house was an early component of Carl Fisher's Sunset
Lake Subdivision.
(2) Association with the lives of persons significant in the city's past history;
The original owner Val Duitenhofer Jr. was not only a well known industrialist
from Cincinnati, Ohio, but also became a prominent investor in properties in
Miami and Miami Beach.
(3) Embodv the distinctive characteristics of an historical period. architectural or
desian stvle or method of construction;
This house is a good example of the Mediterranean Revival style of
architecture, the predominant style in Florida in the 1920s. Some of its
characteristics seen here are the clay barrel tile gable roofs, round-arched
doorways, balconies, decorative medallions and door surrounds. The later
garage addition was designed to blend compatibly with the original house.
(4) Possesses high artistic values;
Valued at $30,000 in 1929 and designed by a promitlent architect, this house
was of high-quality design and construction with many fine details, and built
in an upper-class neighborhood.
Represent the work of a master, serve as an outstandins or representative
work of a master desianer, architect or builder who contributed to our
historical, aesthetic or architectural heritaqe;
August Geiger was one of the City's finest architects, favored by Carl Fisher
himself. He designed many prominent buildings in Miami Beach from the
1910s through the 1940~~ although many have now been demolished. The
Skinner brothers, who designed the garage addition, were well known for
their work in Coral Gables, and later for their many civic buildings. They
designed several Contributing buildings in Miami Beach's historic districts.
(b) A buildina, structure (includina the public portions of the interior), improvement or
landscape feature mav be desianated historic even if it has been altered if the alteration
is reversible and the most sianificant architectural elements are intact and repairable.
The single-family residence at 2740 North Bay Road maintains high degree of
architectural integrity with limited modifications. Restoration and appropriate renovation
can be successfully completed of this fine residence by careful analysis of on-site
conditions and available historic documentation.
EXHIBIT 'A'
IV. DESCRIPTION OF BOUNDARIES
The subject property is located at 2740 North Bay Road on Lot 10 in Block 12 of "AMENDED PLAT
OF SUNSET LAKE SUBDIVISON," according to the Plat thereof, as recorded in Plat Book 8 at
Page 52, of the Public Records of Dade County, now known as Miami-Dade County, Florida,
excepting the following described parcel of land: Beginning at the Northeasterly corner of Lot 10, in
Block 12, at SUNSET LAKE SUBDIVISION, according to the Plat thereof, as recorded n Plat Book 8
at Page 52, of the Public Records of Dade County, now known as Miami-Dade County, Florida, said
corner being in the Westerly line of North Bay Road at a distance of 80.1 feet South from the
intersection of the Southerly line of West 29 Street and the Westerly line of North Bay Road, as
measured along in said Block 12, for a distance of 258.75 feet more or less to the Northwesterly
corner of said Lot 10; thence Northeasterly for a distance of 241.88 feet more or less to a point in
the Westerly said North Bay Road, said point being 25 feet South, as measured along the Westerly
line of said North Bay Road, from the Northeasterly corner of said Lot 10; thence Northerly along the
Westerly line of said North Bay Road for a distance of 25 feet to the Point and Place of Beginning.
V. PRESENT OWNER
The present owner of the subject property is
' VI. PRESENT USE
The original and current use of the subject property is single-family residential.
VII. PRESENT ZONING DISTRICT
The subject property is located in the RS-2 or Residential Single-Family Zoning District.
VIII. ARCHITECTURAL BACKGROUND
Mediterranean Revival (circa mid-1 91 0s to early 1930s)
Mediterranean Revival architecture was the "style of choice" for the first major land
development period in Miami Beach. Its connotation of Mediterranean resort architecture,
combining expressions of Italian, Moorish, North African, and Southern Spanish themes,
was found to be an appropriate and commercially appealing image for the new Floridian
seaside resort; it was a style that was simultaneously being used expansively in California
and other areas of similar climate.
During the mid-1 91 0s through the early 1930s, the style was frequently applied to hotels,
apartment buildings, commercial structures, and single-family residences. Its architectural
vocabulary was characterized by stucco walls, low-pitched terra cotta and historic Cuban tile
roofs, arches, scrolled or tile capped parapet walls, and articulated door surrounds,
sometimes utilizing Spanish Baroque decorative motifs and Classical elements. Feature
detailing was occasionally executed in keystone or patterned ceramic tile.
Application of the architectural vocabulary in Miami Beach ranged from sparing to modestly
exuberant, and building massing varied from a simple rectangular form to stepped massing
with recessed wall planes and tower-like corner features. Wooden casement or double-
hung windows of several configurations provided additional detail to the facades.
EXHIBIT 'A'
2740 North Bay Road
The subject house occupies Lot 10 in Block 8 of the Sunset Lake Subdivision of Miami
Beach, platted by developer Carl G. Fisher's Miami Beach Bay Shore Company in April of
1923. This is a waterfront lot on Sunset Lake that Fisher dredged in order to isolate rival
Stephen A. Lynch's land, which became the Sunset Islands.'
2740 North Bay Road is one of two houses for which permits were issued on the same day,
October 7, 1929 (shortly before the stock market crash), to the same owner, Valentine
Duttenhofer Jr. The other house was located directly north of 2740 at 2760 North Bay Road,
Lot 1 I in Block 8. Both residences were designed in the Mediterranean Revival style by
architect August Geiger (see Biography following), each cost $30,000 to construct.
Duttenhofer himself had a winter residence located on Lot 9 in Block 8 at 2700 North Bay
Road, built in 1925. He was one of the many northern industrialists who contributed to the
Florida Boom of the 1920s. In 1905, Valentine Duttenhofer Jr. (1 862-1 939), together with
his younger brother John, founded the Val Duttenhofer's Sons Company, well known shoe
manufacturers in Cincinnatti, 0hio.* Val Jr.'s purchase of the Clyde Court Apartments in
Miami for $500,000 in the 1920s was "the largest all-cash sale in Miami up to that p~int."~ In
later years his son Clifford owned both the Clyde Court and the Mildred Lee Apartments in
Miami Beach (now demolished). Although the Florida Boom crashed after the 1926
hurricane, Duttenhofer continued to invest in building these two elegant homes in 1929. The
subject house was occupied by James W. Eustis of Boston in the 1930s.~
August Geiger's plans for the residence were found on Microfilm #3292 in the City of Miami
Beach Building Department records. The plans show an irregularly shaped, two-story house
of reinforced concrete, with multiple gable roofs and one-story shed-roof elements. The
front entry door, characterized by rounded arch and fan window, leads into a double-height
living room and a loggia, also with rounded arches, overlooks Sunset Lake. The central
section of the house has an east-west axis and contains a bedroom, stairway, kitchen,
pantry, and dining room. The original garage is located at the north side of the property, set
at an angle to the main house.
The original plans clearly show barrel tile roofs, and the windows appear to be six-pane
casement with wooden frame details. Other exterior features include decorative medallions
on the roof gables; second story balconies on the front and rear, with wood spindle railings
and masonry door-surrounds; and a similar wood-spindle gate into an open entry porch.
An addition costing $2,500 is documented on the original Building Permit Card and plans for
were located on Microfilm #9645. The addition was designed by brothers John and Coulton
Skinner (see Biography following) and appears to be a one-story, three-car garage situated
to the north of the main house. Its footprint can be seen in the 1952 plat map. When this
new garage was constructed, the original attached garage was converted to living space.
Later alterations to the residence documented on the Building Permit Card include the
1 Kleinberg, Miami Beach: A Histow, Centennial Press, 1966, p. 94.
Google Books online; Cincinnatti. the Oueen City, vol. 4, pp. 214-215
Ballinger, Miami Millions; Franklin Press, 1936, p. 26.
Stem, Along; Greater Miami's Sun-Sea-Ara; 1932.
EXHIBIT 'A'
installation of central air-conditioning and other interior work in 1976, and the addition of a
swimming pool in 1987.
While no archival photographs have been found to verify that the house and garage addition
were built according to plan, site inspection of the building reveals that the property largely
conforms to the plans by both Geiger and the Skinners, and most of the original features
remain intact.
Architect Biographies
August Geiger (1888-1968) was from New Haven, Connecticut. He was educated at
Boardman's Manual Training School, and by apprenticeship; he came to Miami in 1905 and
became Florida's tenth registered architect. Geiger started his own practice in 191 1, and in
his early career designed a number of bungalow residences, the Bulmer Apartments in
Miami (demolished), the Miami City Hospital (now "the Alamo" at Jackson Memorial
Hospital), and public schools at Homestead, Arch Creek and Dania.
As a master of the Mediterranean Revival style with a strong Beaux-Arts influence, he
became Miami Beach developer Carl Fisher's favorite architect, and designed both of
Fisher's residences, one of which still stands at 501 0 North Bay Road. Other buildings he
designed for Fisher include the 191 6 clubhouse for the Municipal Golf Course, now one of
the oldest buildings in the City; the Lincoln Hotel (now demolished) and the Lincoln Building
(now the Van Dyke) on Lincoln Road. His work also includes the Allison Hospital (later St.
Francis) and the La Gorce Golf Clubhouse, both now demolished.
From 1935 to 1948, Geiger worked as architect for the Dade County School Board, and in
this capacity worked on the Ida Fisher High School at 141 0 Drexel Avenue, North Shore
Elementary School at 71 1 4lSt Street, and Biscayne Bay Elementary School at 800 77"
Street. His 1947 neoclassical-deco style Chase Federal Savings Bank Building at 1100
Lincoln Road has now been rehabilitated as a Banana Republic store.
In Miami, Geiger designed the Woman's Club at 1737 North Bayshore Drive; the grand
neoclassical Christian Science church at 1836 Biscayne Boulevard; and, in 1925, he was
one of the architects of the Dade County Courthouse on Flagler Street. In addition to
architecture, Geiger was active in many civic organizations, and also was the developer of
the Fairgreen Subdivision in Miami Beach.
(William) Coulton Skinner (1 891-1 963) and his brother John L. Skinner (1893-1972) were
from Cleveland, Ohio. Both brothers graduated with degrees in architecture from the
University of Toronto. Coulton went into practice in Toronto and Detroit, while John studied
toward a Master's Degree at Harvard in 1920. After graduation, John headed the
architecture department at Georgia Tech in Atlanta. In 1925 the brothers came to Miami to
work on George Merrick's Coral Gables development, eventually designing 18 residences in
the "Villages" section. From 1927 to 1932, John Skinner served as the first head of the
architecture department at the newly created University of Miami.
In Miami Beach, the Skinner brothers designed two Mediterranean Revival style houses in
the Palm View Historic District: 1835 Michigan Avenue (1 931) and 1800 Jefferson Avenue
(1936). In addition, they designed the Koulton Arms Apartments at 932 l!jth Street, the
Barbizon Hotel at 530 Ocean Drive and the Bentley Hotel at 500 Ocean Drive, all
constructed in the 1930s.
EXHIBIT 'A'
In 1941 the Skinners joined architect Harold D. Steward as the firm of Stewart & Skinner.
This firm worked on a number of civic and municipal buildings in the Miami area, including
the retrofitting of the Nautilus, Pancoast, and Biltmore Hotels as military hospitals during
World War 11; several new buildings at the Universityof Miami; the Miami Seaquarium; parts
of Miami International Airport; an addition to Jackson Memorial Hospital; the former Miami
Public Library; and the Dade County Auditorium.
X. PLANNING DEPARTMENT RECOMMENDATIONS
1. Criteria for Desinnation: Based upon the evidence presented and the historical and
architectural significance of the single-family residence located at 2740 North Bay Road, and
in accordance with Chapter 1 18, Article X, Division 4, of the Land Development Regulations
of the City Code, the staff of the City of Miami Beach Planning Department recommends that
the Historic Preservation Board adopt the subject property as a local historic structure.
2. Site Boundaries: The Planning Department recommends that the boundaries of the
historic site consist of the entire property located on Lot 10 in Block 12 of Sunset Lake
Subdivision, according to the Plat thereof, as recorded in Plat Book 8 at Page 52 of the
Public Records of Miami-Dade County, Florida. - ..
3. Areas Subiect to Review: The Planning Department recommends that the proposed
historic site shall be subject to Section 1 18-591 (f) of the Land Development Regulations of
the City Code.
4. Review Guidelines: The Planning Department recommends that a decision on an
application for a Certificate of Appropriateness shall be based upon Section 1 18-591 (f) of
the Land Development Regulations of the City Code.
HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
MEETING DATE: May 11,2010
FILE NO: 71 32
PROPERTY: 2740 North Bay Road - Single Familv Home
LEGAL: Lot 1.0, Block 12, of "Amended Plat of Sunset Lake Subdivision", according
to the Plat thereof, as recorded in Plat Book 8 at Page 52 of the Public
Records of Miami-Dade County, Florida.
IN RE: The Application for a Certificate of Appropriateness for the partial
demolition, renovation, and restoration of the existing 2-story home,
including the construction new one and two story additions.
ORDER
The applicant, Delphine Dray, filed an application with the City of Miami Beach Planning
Department for a Certificate of Appropriateness.
The City of Miami Beach Historic Preservation Board makes the following FINDINGS OF FACT,
based upon the evidence, information, testimony and materials presented at the public hearing
and which are part of the record for this matter:
A. The subject structure is a designated Historic Structure.
B. Based on the plans and documents submitted with the application, testimony and
information provided by the applicant, and the reasons set forth in the Planning Department
Staff Report, the project as submitted is consistent with the Certificate of Appropriateness
Criteria in Section 118-564(a)(1) of the Miami Beach Code, is consistent with the Certificate
of Appropriateness Criteria in Section 118-564(a)(2) of the Miami Beach Code, and is not
consistent with Certificate of Appropriateness Criteria 'b' in Section 11 8-564(a)(3) of the
Miami Beach Code.
C. The project would be consistent with the criteria and requirements of section 118-564 if the
following conditions are met:
1. Revised elevation, site plan and floor plan drawings shall be submitted to and
approved by staff; at a minimum, such drawings shall incorporate the following:
Page 2 of 5
HPB File No. 7132
Meeting Date: May 11, 2010
a. The columns supporting the new covered rear terrace on the first floor shall
be redesigned to be more consistent with the original square columns of the
house, in a manner to be approved by staff.
b. The architecture of the proposed second floor terrace, adjacent to the original
living room shall be further simplified, in a manner to be reviewed and
approved by staff.
c. Manufacturers drawings and Dade County product approval numbers for all
new windows, doors and glass shall be required. All windows in the original
portion of the house that are visible from a right-of-way, shall be replaced with
windows to match their historic configuration, in a manner to be reviewed and
approved by staff.
d. Any roof-top fixtures, air-conditioning units and mechanical devices shall be
clearly noted on a revised roof plan and elevation drawings and shall be
screened from view, in a manner to be approved by staff. Any mechanical
equipment located at the ground shall be located in a manner that is not
disruptive to neighboring properties and is screened from view, subject to the
review and approval of staff.
e. Prior to the issuance of a Certificate of Occupancy, the project Architect shall
verify, in writing, that the subject project has been constructed in accordance
with the plans approved by the Planning Department for Building Permit.
2. A revised landscape plan, and corresponding site plan, shall be submitted to and
approved by staff. The species type, quantity, dimensions, spacing, location and
overall height of all plant material shall be clearly delineated and subject to the
review and approval of staff. At a minimum, such plan shall incorporate the
following:
a. Ficus hedges shall not be permitted anywhere on the property. The final
selection of perimeter landscaping shall be subject to the review and approval
of staff.
b. The final selection of all landscaped areas located within the right-of-way
shall be provided, in a manner to be reviewed and approved by staff.
c. A fully automatic irrigation system with 100% coverage and an automatic rain
sensor in order to render the system inoperative in the event of rain. Right-
of-way areas shall also be incorporated as part of the irrigation system.
d. Prior to the issuance of a Certificate of Occupancy, the project architect shall
verify, in writing, that the project is consistent with the site and landscape
plans approved by the Planning Department for Building Permit.
3. The final exterior surface color scheme, including color samples, shall be subject to
the review and approval of staff and shall require a separate permit.
Page 3 of 5
HPB File No. 7132
Meeting Date: May 1 1, 201 0
4. Manufacturers drawings and Dade County product approval numbers for all new
windows, doors and glass shall be required, &r to the issuance of a building
permit.
5. All roof-top fixtures, air-conditioning units and mechanical devices shall be clearly
noted on a revised roof plan and elevation drawings and shall be screened from
view, in a manner to be approved by staff.
6. Revised drawings, with corresponding color photographs, that are separate from the
construction documents, drawn to scale and clearly documenting the existing
conditions of the subject building, shall be submitted. Such drawings and
photographs shall include all four elevations and interior floor plans of the building,
as well as a site plan.
7. The project shall comply with any landscaping or other sidewalklstreet improvement
standards as may be prescribed by a relevant Urban Design Master Plan approved
prior to the completion of the project and the issuance of a Certificate of Occupancy.
8. The Final Order shall be recorded in the Public Records of Miami-Dade County, Drier
to the issuance of a Building Permit.
9. The Final Order is not severable, and if any provision or condition hereof is held void
or unconstitutional in a final decision by a court of competent jurisdiction, the order
shall be returned to the Board for reconsideration as to whether the order meets the
criteria for approval absent the stricken provision or condition, andlor it is appropriate
to modify the remaining conditions or impose new conditions.
10. The conditions of approval herein are binding on the applicant, the property's
owners, operators, and all successors in interest and assigns.
11. Nothing in this order authorizes a violation of the City Code or other applicable law,
nor allows a relaxation of any requirement or standard set forth in the City Code.
IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information,
testimony and materials presented at the public hearing, which are part of the record for this
matter, and the staff report and analysis, which are adopted herein, including the staff
recommendations, which were amended by the Board, that the Certificate of Appropriateness is
GRANTED for the above-referenced project subject to those certain conditions specified in
paragraph C of the Findings of Fact (Condition Nos. 1-11, inclusive) hereof, to which the
applicant has agreed.
PROVIDED, the applicant shall build substantially in accordance with the plans approved by the
Historic Preservation Board, as determined by staff, entitled "New Residence for Ms. Delphine
Dray", as prepared by Ramon Pacheco Architect & Planner, dated 2-25-201 0.
Page 4 of 5
HPB File No. 7132
Meeting Date: May 1 1, 201 0
When requesting a building permit, the plans submitted to the Building Department for permit
shall be consistent with the plans approved by the Board, modified in accordance with the
conditions set forth in this Order. No building permit may be issued unless and until all
conditions of approval that must be satisfied prior to permit issuance, as set forth in this Order,
have been met.
The issuance of a Certificate of Appropriateness does not relieve the applicant from obtaining all
other required Municipal, County andlor State reviews and permits, including final zoning
approval. If adequate handicapped access is not provided on the Board-approved plans, this
approval does not mean that such handicapped access is not required. When requesting a
building permit, the plans submitted to the Building Department for permit shall be consistent
with the plans approved by the Board, modified in accordance with the conditions set forth in
this Order.
If the Full Building Permit for the project is not issued within eighteen (1 8) months of the meeting
date at which the original Certificate of Appropriateness was granted, the Certificate of
Appropriateness will expire and become null and void. If the Full Building Permit for the project
should expire for any reason (including but not limited to construction not commencing and
continuing, with required inspections, in accordance with the applicable Building Code), the
Certificate of Appropriateness will expire and become null and void.
In accordance with Section 118-561 of the City Code, the violation of any conditions and
safeguards that are a part of this Order shall be deemed a violation of the land development
regulations of the City Code. Failure to comply with this Order shall subject the Certificate of
Appropriateness to Section 118-564, City Code, for revocation or modification of the Certificate
of Appropriateness.
Dated this 17'? dayof flfly ,20~
HISTORIC PRESERVATION BOARD
THE CITY OF MIAMI BEACH, FLORIDA
BY:
THOMAS R. MOONEY, AlCP
DESIGN AND PRESERVATION MANA~ER
FOR THE CHAIR
Page 5 of 5
HPB File No. 7132
Meeting Date: May 1 1, 201 0
STATE OF FLORIDA )
>ss
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this I 7 day of
y 20E by Thomas R. Mooney, Design and Preservation Manager,
Planning ~b~artrnent, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf
of the corporation. He is personally known to me.
Notary Publ~c State of Florida
NOTARY PU~LIC
Miami-Dade County, Florida
My commission expires:
Approved As To Form:
Legal Department: ( sed ha74 o )
Filed with the Clerk of the Hzoric Preservation
I
Board on Sh7/%6/6 ( *?c )
THIS PAGE INTENTIONALLY LEFT BLANK
C;UMMlSSlON I I tM SUMMAKY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida. Accepting The I
Recommendation of ~h& city ~anager, Pursuant To Request r or Qualifications (RFQ) N;. 42-09/16, For
Noise, Acoustic, And/or Sound Services, On An "As-Needed Basis", For Projects In Which The Basic
Construction Cost Does Not Exceed $2 Million or For Study Activities When The Feed For Such Professional
Services Does Not Exceed $200,000; Authorizing The Mayor and City Clerk To Execute Professional Services
Agreements Upon Completion Of Successful Negotiations With The Six(6) Top-Ranked Proposers: Sieben
Associates, Inc, Arpeggio Acoustic Consultant, LLC, The Audio Bug, Inc, Langan Engineering And
Environmental Services, Inc, Edward Dugger + Associates, P.A., and Kinsella-Marsh Group, Inc.
Key Intended Outcome Supported:
Maintain strong growth management policies
Supporting Data (Surveys, Environmental Scan, etc.):
Nearly half of all residential respondents, 47.6%, suggested the effort put forth by the Crty to regulate
development is "about the right amount."
Issue: I Shall the Mayor and City Commission Adopt The Resolution?
Item Summary/Recommendation:
I On July 14.2010, the Mayor and City Commission approved the issuance of RequestforQualificatiins(RFQ) 1
No. 4210911 0, for Noise, Acoustic, andlor Sound Consulting Services on an "as-needed basis" forthe rekof
projects being reviewed by the Crty's Planning Department staff and the City's Land Use Review Boards. It is
the intent of the Administration to use the RFQ process to select firms who are qualified to provide noise,
acoustic, and/or sound services.
The price and terms for the contracts will be negotiated after City Commission approves authorization to
negotiate. Each proposed contract shall be for a two (2) year term, with two (2) one-year renewal options at
the Crty's option.
RFQ No. 42-09/10 was issued on July 19,2010, with an opening date of August 18,2010. A pre-proposal
conference to provide information to the proposers submitting a response was held on July28,2010. BidNet
issued bid notices to 44 prospective proposers, Bidsync (formerly known as RFP Depot) issued bid notices to
19 prospective proposers, and 14 proposers were notified via mail, e-mail, which resulted in the receipt of
eight (8) proposals.
On September 30, 2010, the Crty Manager via Letter to Commission (LTC) No. 260-2010, appointed an
Evaluation Committee ("the Committee"). The Committee convened on October 27,2010, to discuss their
individual perceptions of the proposer's qualifications, experience, and competence, and further ranked the
proposers accordingly. The Administration recommends entering into negotiations with the six(6) topranked
proposers; Sieben Associates, Inc, Arpeggio Acoustic Consultant, LLC, The Audio Bug, Inc, Langan
Engineering and Environmental Services, Inc, Edward Dugger + Associates, P.A., and Kinsella-Marsh Group,
Inc.
APPROVE THE RESOLUTION.
Advisory Board Recommendation:
I
I I
City Clerk's Office Legislative Tracking: I Gus Lopez, Ext. 6641
I I
Financial Information:
T:MGENDydO4O\Novernber 1AConsenfiRFQ 12-09-10 Noise. Acoustic, Sound Semites-Sumrnarydo;
kacrunt Source of
Funds:
I
OBPl
Financial Impact Summary:
1
2.
Total
hunt
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 Manager
DATE: November 17, 201 0 v
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ClTY
MANAGER PERTAINING TO THE RANKING OF ARCHITECTURAL AND
ENGINEERING FIRMS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ)
NO. 42-09/10, FOR NOISE, ACOUSTIC, AND/OR SOUND SERVICES, ON AN
"AS-NEEDED BASIS", FOR PROJECTS IN WHICH THE BASIC CONSTRUCTION
COST DOES NOT EXCEED $2 MILLION OR FOR STUDY ACTIVITIES WHEN THE
FEE FOR SUCH PROFESSIONAL SERVICES DOES NOT EXCEED $200,000;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE PROFESSIONAL
SERVICES AGREEMENTS UPON COMPLETION OF SUCCESSFUL
NEGOTIATIONS WITH THE SIX (6) TOP-RANKED PROPOSERS: SIEBEN
ASSOCIATES, INC , ARPEGGIO ACOUSTIC CONSULTANT, LLC, THE AUDIO
BUG, INC, LANGAN ENGINEERING AND ENVIRONMENTAL SERVICES, INC,
EDWARD DUGGER + ASSOCIATES, P.A., AND KINSELLA-MARSH GROUP,
INC.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funds are available from the professional services budget accounts allocated to some City
Departments, subject to the review of the Office of Budget and Performance Improvement
(OBPI). Funding for most studies under this RFP will be paid for by applicants to the City's
land use boards.
KEY INTENDED OUTCOME SUPPORTED
Maintain strong growth management policies.
ANALYSIS
In accordance with Section 287.055, Florida Statutes, known as the "Consultants' Competitive
Negotiation Act", the City may enter into a "continuing contract" for professional architectural
and engineering services for projects in which construction costs do not exceed $2 Million or
for study activities for which the fee does not exceed $200,000.
The City may request, accept, and consider proposals for the compensation to be paid under
the contract only during competitive negotiations, which will take place after the selection of
the firms deemed to be the most qualified to perform the required services. If the City is not
Commission Memorandum - RFQ#042-09-10 For Noise, Acoustic, and/or Sound services on an "as-
needed basis
November 17,201 0
Page 2
able to negotiate a mutually satisfactory compensation schedule with the top-ranked firms
which is determined to be fair, competitive and reasonable, additional firms in the order of their
competence and qualifications may be selected, and negotiations may continue until an
agreement is reached.
It is the intent of the Administration to use the RFQ process to select firms who are qualified to
provide noise, acoustic, and/or sound services.
On July 14, 2010, the Mayor and City Commission approved the issuance of Request for
Qualifications (RFQ) No. 42-09/10, for Noise, Acoustic, andlor Sound Consulting Services on
an "as-needed basis" for the review of projects being reviewed by the City's Planning
Department staff and the City's Land Use Review Boards.
The price and terms for the contracts will be negotiated after City Commission approves
authorization to negotiate. Each proposed contract shall be for a two (2) year term, with two (2)
one-year renewal options at the City's option.
Under these Agreements, study activities are quoted as a lump sum based on the estimated
hours to complete the project. Detailed hourly rates will be negotiated for all personnel
classifications for the firms.
SCOPE OF SERVICES
The following services define, but do not limit the scope of work to be provided by the selected
firms pursuant to this RFQ selection process:
Prepare technical noise/acoustic assessment studies/reports, for use by the City's
Planning Department staff and the City's land use review boards, reviewing selected
development proposals before the subject boards.
Review selected applicant submitted technical noise/acoustic assessment
studieslreports, and prepare reports for use by the City's Planning Department staff
and the City's land use review boards, analyzing the subject applicant submitted
reports for accuracy and correctness.
The above studies will require the staff resources, degree of specialization, and equipment
availability that can be provided by specialized consulting firms.
RFQ PROCESS
RFQ No. 42-09/10 was issued on July 19, 2010, with an opening date of August 18, 2010. A
pre-proposal conference to provide information to the proposers submitting a response was
held on July 28, 201 0.
BidNet issued bid notices to 44 prospective proposers, BidSync (formerly known as RFP
Depot) issued bid notices to 19 prospective proposers, and 14 proposers were notified via
mail, e-mail, which resulted in the receipt of the following eight (8) proposals:
Commission Memorandum - RFQ#042-09-10 For Noise, Acoustic, andlor Sound services on an "as-
needed basis
November 17,201 0
Page 3
1. Edward Dugger + Associates, P.A.
2. Arpegio Acoustic Consultant, LLC
3. The Audio Bug, Inc
4. Gannett Fleming, Inc
5. Quest Engineering Services & Testing, Inc
6. Kinsella-Marsh Group, Inc
7. Sieben Associates, Inc
8. Langan Engineering and Environmental Services, Inc
On September 30, 2010, the City Manager via Letter to Commission (LTC) No. 260-2010,
appointed an Evaluation Committee ("the Committee") consisting of the following individuals:
Morris Sunshine, Resident and Beach Preservation Committee member
Jo Manning, Resident and Historic Preservation Board member
Michael Belush, Senior Planner
Jose Alberto, Code Compliance Administrator
0 Frank Fiorentino, Resident, Vice President of 1500 Ocean Drive Condominium
Association and Board of Directors of the North Ocean Drive Area Resident
Association.
Dwight Kraai, Leadership Academy Graduate and CIP Oversight Committee member
Wendy Kallergis, President of Greater Miami and the Beaches Hotel Association
Resident and Historic Preservation Committee member, Jo Manning, was unable to participate
therefore, resident, Matthew Leibowitz, was appointed to the Committee to replace Ms.
Manning.
The Committee convened on October 27, 2010, and a quorum was attained. The Committee
was provided with general information on the scope of services, Performance Evaluation
Surveys and additional pertinent information from all responsive proposers.
The following Evaluation Criteria was used to evaluate and rank the groups or individuals:
A. The Firm's Qualifications and Experience in providing Noise, Acoustic, and/or Sound
Consulting Services. (30 points)
B. The Consultant's experience; (25 points)
C. References provided by prior Project Owners; (15 points)
D. Willingness to meet time and budget requirements as demonstrated by past
performance;(5 points)
E. Certified minority business enterprise; (5 points). Either the Prime Consultant or the
sub-consultant team may qualify for proof of certification for minority business
enterprise participation. Accepted minority business enterprise certifications include
the Small Business Administration (SBA), State of Florida, or Miami-Dade County.
F. Location; (5 points)
G. Recent, current, and projected workloads of the firms; (5 points)
H. Volume of work previously awarded to each firm by the agency, with the object; of
effecting an equitable distribution of contracts among qualified firms; (10 points)
The Committee discussed their individual perceptions of the proposer's qualifications,
experience, and competence, and further ranked the proposers accordingly.
Commission Memorandum - RFQ#042-09-10 For Noise, Acoustic, and/or Sound services on an "as-
needed basis
November 17,2010
Page 4
A motion was presented by Dwight Kraai, seconded by Jose Alberto and unanimously
approved by all Committee members to recommend entering into negotiations with the top
three (3) ranked proposers: Sieben Associates, Inc; Arpeggio Acoustic Consulting, LLC, and
The Audio Bug, Inc.
FLEMING, INC
CITY MANAGER'S DUE DILIGENCE
As part of the City Manager's due diligence, feedback was requested from the Acting Planning
Director, Richard Lorber. The Administration recommends entering into negotiations with the
six (6) top-ranked proposers: Sieben Associates, Inc, Arpeggio Acoustic Consultant, LLC, The
Audio Bug, Inc, Langan Engineering and Environmental Services, Inc, Edward Dugger +
Associates, P.A., and Kinsella-Marsh Group, Inc. Although the Evlauation committee did an
excellent job at assessing the firms' qualifications and ranking the submittals, their decision to
limit the recommendation to only the top three firms will restrict City staffs ability to quickly
commission expert studies when the need arises. The intention of the RFQ was to develop a
list of approved firms that could be contracted with on "an as needed basis", ensuring easy
availability of one or more qualified firms if the selected firm were either unavailable at a critical
time, or had other conflicts which prevented staff from choosing them.
Commission Memorandum - RFQ#042-09-10 For Noise, Acoustic, andlor Sound services on an "as-
needed basis
November 17,2010
Page 5
Once the consultant contracts are in place, Planning Department staff will be able to choose
firms on an as needed basis, either according to the firm's areas of specialization, on a
rotating basis, or based upon availability or a combination of the above. By using several
different firms, the appearance of a "preferred" firm will be avoided. Staff will monitor the
process for the duration of the initial contracts, and then make recommendations on whether
additional changes to the process are warranted.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accepts the recommendation of the City Manager pertaining to the ranking of
proposals pursuant to Request for Qualifications (RFQ) No. 42-09/10, for Noise, Acoustic,
and/or Sound Services , on an "as-needed basis" for projects in which basic construction costs
do not exceed $2 Million or for study activities when the fee for such professional service does
not exceed $200,000; Authorizing the Administration to enter into negotiations with the six (6)
top-ranked proposers: Sieben Associates, Inc, Arpeggio Acoustic Consultant, LLC, The Audio
Bug, Inc, Langan Engineering and Environmental Services, lnc, Edward Dugger + Associates,
P.A., and Kinsella-Marsh Group, Inc.; and further authorizing the Mayor and City Clerk to
execute agreements upon conclusion of successful negotiations by the Administration.
T:WGENDA\2010\Novernber 17\Consent\RFQ-42-09-10 - Noise, Acoustic and Sound Services- 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 PERTAINING TO THE RANKING OF ARCHITECTURAL AND
ENGINEERING FIRMS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ)
NO. 42-09/10, FOR NOISE, ACOUSTIC, AND/OR SOUND SERVICES, ON AN
"AS-NEEDED BASIS", FOR PROJECTS IN WHICH THE BASIC CONSTRUCTION
COST DOES NOT EXCEED $2 MILLION OR FOR STUDY ACTIVITIES WHEN THE
FEE FOR SUCH PROFESSIONAL SERVICES DOES NOT EXCEED $200,000;
AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE PROFESSIONAL
SERVICES AGREEMENTS UPON COMPLETION OF SUCCESSFUL
NEGOTIATIONS WITH THE SIX (6) TOP-RANKED PROPOSERS: SIEBEN
ASSOCIATES, INC , ARPEGGIO ACOUSTIC CONSULTANT, LLC, THE AUDIO
BUG, INC, LANGAN ENGINEERING AND ENVIRONMENTAL SERVICES, INC,
EDWARD DUGGER + ASSOCIATES, P.A., AND KINSELLA-MARSH GROUP, INC.
WHEREAS, on July 14, 2010, the Mayor and City Commission approved the
issuance of Request for Qualifications (RFQ) No. 42-09/10, for Noise, Acoustic, and/or
Sound Services on an "as-needed basis" for the review of projects being reviewed by the
City's Planning Department staff and the City's Land Use Review Boards. (the "RFQ"); and
WHEREAS, the RFQ was issued on July 19, 2010, with an opening date of August
18,2010; and
WHEREAS, a pre-proposal conference to provide information to the proposers
submitting a response was held on July 28, 201 0; and
WHEREAS, BidNet issued bid notices to 44 prospective proposers, BidSync
(formerly known as RFP Depot) issued bid notices to 19 prospective proposers, and 14
proposers were notified via mail, e-mail, which resulted in the receipt of eight (8) proposals;
and
WHEREAS, on September 30, 2010, the City Manager via Letter to Commission
(LTC) No. 260-2010, appointed an Evaluation Committee ("the Committee") consisting of the
following individuals:
Morris Sunshine, Resident and Beach Preservation Committee member;
Jo Manning, Resident and Historic Preservation Board member;
Michael Belush, Senior Planner;
Jose Alberto, Code Compliance Administrator;
Frank Fiorentino, Resident, Vice President of 1500 Ocean Drive Condominium;
Association and Board of Directors of the North Ocean Drive Area Resident;
Association;
Dwight Kraai, Leadership Academy Graduate and CIP Oversight Committee
member;
Wendy Kallergis, President of Greater Miami and the Beaches Hotel Association; and
WHEREAS, resident and Historic Preservation Committee member, Jo Manning, was
unable to participate therefore, resident, Matthew Leibowitz, was appointed to the Committee
to replace Ms. Manning; and
WHEREAS, the Committee convened on October 27, 2010, and a quorum was
attained. The Committee was provided with general information on the scope of services,
Performance Evaluation Surveys and additional pertinent information from all responsive
proposers; and
WHEREAS, the Committee discussed their individual perceptions of the proposer's
qualifications, experience, and competence, and further ranked the proposers accordingly;
and
WHEREAS, a motion was presented by Dwight Kraai, seconded by Jose Alberto and
unanimously approved by all Committee members to recommend entering into negotiations
with the top three (3) ranked proposers: Sieben Associates, Inc; Arpeggio Acoustic
Consulting, LLC, and The Audio Bug, Inc; and
WHEREAS, after considering the review and recommendation of the Evaluation
Committee, the City Manager exercised his due diligence and carefully considered the
specifics of this RFQ process. As a result, the City Manager recommends to the Mayor and
City Commission that the City enter into negotiations with the six (6) top-ranked proposers:
Sieben Associates, Inc, Arpeggio Acoustic Consultant, LLC, The Audio Bug, Inc, Langan
Engineering and Environmental Services, Inc, Edward Dugger + Associates, P.A., and
Kinsella-Marsh Group, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager, pursuant to Request
for Qualifications (RFQ) No. 42-09/10, for Noise, Acoustic, and/or Sound Services , on an
"as-needed basis" for projects in which basic construction costs do not exceed $2 Million or
for study activities when the fee for such professional service does not exceed $200,000;
Authorizing the Administration to enter into negotiations with the six (6) top-ranked
proposers: Sieben Associates, Inc, Arpeggio Acoustic Consultant, LLC, The Audio Bug, Inc,
Langan Engineering and Environmental Services, Inc, Edward Dugger + Associates, P.A.,
and Kinsella-Marsh Group, Inc.; and further authorizing the Mayor and City Clerk to execute
agreements upon conclusion of successful negotiations by the Administration.
PASSED AND ADOPTED THIS DAY OF 201 0.
ATTEST:
CITY CLERK MAYOR
T:\AGENDA\2010\November 17\Consent\RFQ 42-09-10 - Noise, Acoustic, and Sound Services - RESO.doc
APPROVED AS TO
FORM & LANGUAGE
& FOH EXECUTION
COMMISSION ITEM SUMMARY
Condensed Title:
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 II "District
Regulations," Division 18 "PS Performance Standard District," to allow low impact car washing and auto
detailing in the CPS-2 district, when completely contained within a parking garage structure, and not visible
from the street or public right-of-way.
Key Intended Outcome Supported: I Neighborhood satisfaction and Maintain strong growth management policies. I
Supporting Data (Surveys, Environmental Scan, etc Nearly half of all residential respondents, 47.6%,
suggested the effort put forth by the City to regulate development is "about the right amount."
Issue:
Should the City Commission set the public hearing to consider allowing low impact car washing and auto
detailing in parking structures in the C-PS2?
Item SummarylRecommendation:
SETTING PUBLIC HEARING
Currently, Section 142-692 of the City Code contains a list of uses permitted in each district within the PS
Performance Standards districts, the area located south of Sixth Street, and from the Atlantic Ocean to
Biscayne Bay, which is analogous to the previously existing redevelopment area. As such, although
commercial uses are permitted within the Commercial districts such as CPS-2, the development
regulations for this zoning district contain a prohibition that car washes, filling stations and any use that
sells gasoline, automobiles or auto repair, as they are considered industrial uses and not permitted in the
redevelopment area.
While there has been strong demand for car wash services within the City, these are limited to the Urban
Light Industrial 1-1 district, and as accessory uses to existing non-conforming gas stations when part of a
renovation including the provision of a generator. However, while completely enclosed commercial car
washes may be potentially permitted in other Commercial zoning districts, in the case of the C-PS2, even
that possibility does not exist, because of the blanket prohibition on car washes contained in the section.
The Administration recommends that the City Commission set a first reading public hearing for the
December 8,2010 meeting.
Advisory Board Recommendation: I At the October 26,2010 meeting, the Planning Board recommended that the City Commission approve I
proposed ordinance by a vote of 5-1 (one member absent).
Financial Information:
MIAMIBEACH
OBPl
AGEMDA ITEM C71
Source of
Funds:
Total
Amount
1
Financial Impact Summary: The proposed ordinance is not expected to have any fiscal impact upon
the resources of the City at this time.
City Clerk's Office Legislative Tracking:
Richard Lorber or Mercy Lamazares
Account
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of thepity Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: November 17,201 0
Setting of Public Hearing
SUBJECT: Allow low impact car washing and detailing in the C-PS2 zoning district.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A FIRST READING
PUBLIC HEARING TO CONSIDER AN AMENDMENT TO CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II
"DISTRICT REGULATIONS," DIVISION 18 "PS PERFORMANCE
STANDARD DISTRICT," AMENDING SECTION 142-693 "PERMITTED
USES," BY PERMITTING LOW IMPACT CAR WASHING AND AUTO
DETAILING IN THE CPS-2 DISTRICT, WHEN COMPLETELY CONTAINED
WITHIN A PARKING GARAGE STRUCTURE, AND NOT VISIBLE FROM
THE STREET OR PUBLIC RIGHT-OF-WAY.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission set a first reading public
hearing for the December 8, 2010 meeting.
BACKGROUND
At the July 29, 2010 meeting, the Land Use and Development Committee discussed a
request made by the City Commission, at its July 14, 2010 meeting, for a possible
amendment to the development regulations of the C-PS2 zoning district that would
permit low impact car washing and detailing within a parking structure,
Historical Background
The South Shore Redevelopment Agency was created in 1973. At that time the agency
prepared a redevelopment plan, "The South Shore Redevelopment Plan," adopted on
March 2, 1977. The Plan called for "predominant clearance of buildings and the
selection of a master developer. In 1982, after failing to select a master developer, the
City abandoned the 1976 Redevelopment Plan and appointed a committee to prepare a
new revitalization strategy for the area.
City Commission Memorandum
File 1978 - low impact car washing and detailing in the C-PS2 zoning district
November 17,2010 Page 2
Ordinance No. 84-2439,
adopted on September 19,
1984 established the PS
Performance Standard
District for the South Shore
Redevelopment area and the
development regulations for
the district.
Ordinance 89-2665, known
as the Comprehensive
Zoning Ordinance, which
became effective on October
1, 1989, which amended
previous zoning ordinances,
included a restriction in the
PS Performance Standard
District for filling stations and
any use that sells gasoline or
automotive or related repair
uses. These uses were
considered industrial uses
and not to be permitted in the
Redevelopment Area.
Ordinance 94-2908 amended
the Comprehensive Zoning
Ordinance No. 89-2665.
Among the amendments was
new text clarifying the uses allowed in the PS Performance Standard District by including
in the uses not permitted the sale of automobiles.
It should be noted that long ago, the sale and service of automobiles was a permitted
use in the area. The 5th and Alton project occupies what was the Potamkin dealership
service area. The showroom at the time was across the street to the west.
It should also be noted that the South Shore Redevelopment Area was sunsetted on
September 30, 2005 although the PS Performance Standard regulations remain in
place.
ANALYSIS
Currently, Section 142-692 of the City Code contains a list of uses permitted in each
district within the PS Performance Standards districts, the area located south of Sixth
Street, and from the Atlantic Ocean to Biscayne Bay, which is analogous to the
previously existing redevelopment area. As such, although commercial uses are
permitted within the Commercial districts such as CPS-2, the development regulations
for this zoning district contain a prohibition that car washes, filling stations and any use
that sells gasoline, automobiles or auto repair, as they are considered industrial uses
and not permitted in the redevelopment area.
City Commission Memorandum
File 1978 - low impact car washing and detailing in the C-PS2 zoning district
November 17, 2010 Page 3
While there has been strong demand for car wash services within the City, these are
limited to the Urban Light Industrial 1-1 district, and as accessory uses to existing non-
conforming gas stations when part of a renovation including the provision of a generator.
However, while completely enclosed commercial car washes may be potentially
permitted in other Commercial zoning districts, in the case of the C-PS2, even that
possibility does not exist, because of the blanket prohibition on car washes contained in
the section.
Staff suggests that the ordinance permit car wash services within parking garage
structures in the CPS-2 district, when such services are completely contained within the
garage and not visible from the street or public right-of-way. These types of accessory
car washes are common in other areas of South Florida and should not cause disruption
to neighboring properties if contained properly.
PLANNING BOARD ACTION
At the October 26, 2010 meeting, the Planning Board recommended that the City
Commission approve the proposed ordinance by a vote of 5-1, with one member absent.
CONCLUSION
The Administration recommends that the City Commission set a first reading public
hearing for the December 8, 2010 meeting.
Pursuant to Section 118-164 (2) of the City Code, when the proposed amendment
changes the actual list of permitted, conditional or prohibited uses within a zoning
category, regardless of the acreage of the area affected, the City Commission shall hold
two advertised public hearings on the proposed ordinance. At least one hearing shall be
held after 500 p.m. on a weekday. The first public hearing shall be held at least seven
days after the day that the first advertisement is published. The second public hearing
shall be advertised at least five days prior to the public hearing.
The required advertisements shall be no less than two columns wide by ten inches long
in a standard size or tabloid size newspaper, and the headline in the advertisement shall
be in a type no smaller than 18 point. The advertisement shall be in substantially the
following form:
NOTICE OF (TYPE OF) CHANGE
The City of Miami Beach proposes to adopt the following ordinance: (title of ordinance)
A public hearing on the ordinance will be held on (date and time) at (meetina place).
JMGIJGGI FP GUML CL
T:WGENDAUOlO\September 15\Regular\1887 - FLUM & Zoning South Shore Hospital Ist&only public hearing.docx
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A FIRST READING
PUBLIC HEARING TO CONSIDER AN AMENDMENT TO CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
"DISTRICT REGULATIONS," DIVISION 18, "PS PERFORMANCE
STANDARD DISTRICT," AMENDING SECTION 142-693 "PERMITTED
USES," BY PERMITTING LOW IMPACT CAR WASHING AND AUTO
DETAILING IN THE CPS-2 DISTRICT, WHEN COMPLETELY
CONTAINED WITHIN A PARKING GARAGE STRUCTURE, AND NOT
VISIBLE FROM THE STREET OR PUBLIC RIGHT-OF-WAY.
WHEREAS, while commercial uses are permitted within the Commercial districts,
the CPS-2 district regulations contain a prohibition for car washes, filling stations and
any use that sells gasoline, automobiles or auto repair, as these uses are treated as
industrial uses for purposes of the redevelopment area and not permitted there; and
WHEREAS, car wash services within the City are limited to the Urban Light
Industrial 1-1 district, and as accessory uses to existing, and to non-conforming gas
stations when the provision of a generator is part of a renovation; and
WHEREAS, commercial car washes could potentially be permitted in other
Commercial zoning districts if completely enclosed and not outwardly apparent as an
automobile related use; and
WHEREAS, these types of accessory car washes should not cause disruption to
neighboring properties if contained properly; and
WHEREAS, this type of service would be in the best interest of the City and the
general welfare of its residents.
NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that a first reading public
hearing shall be held on December 8, 2010 to consider the proposed amendment to the
Land Development Regulations of the City Code.
PASSED and ADOPTED this day of , 2010.
MAYOR
ATTEST:
CITY CLERK APPROVED AS TO
FORM AND LANGUAGE
T:\AGENDA\201 O\November I nConsent\I 978 - reso set
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The City Manager, Pursuant To Request For Qualifications (RFQ) No. 48-09/10, For The
Project Development And Environment Study For The West Avenue Bridge Project, And Authorizing The
Administration To Enter Into Negotiations With The TopRanked Firm, Gannett Fleming, Inc.; And Should The
Administration Not Be Able to Successfully Negotiate An Agreement With The Top-Ranked Firm, Authorizing The
Administration To Negotiate With The Second-Ranked Firm, T.Y. Lin International; And Should The Administration
Not Be Able To Negotiate An Agreement With The Second-Ranked Firm, Authorizing The Administration To
Negotiate An Agreement With The Third-Ranked Firm, The Corradino Group, Inc.
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
completed as "excellent" or "good."
Issue: I Shall the Mayor and City Commission adopt the Resolution? I
Item SummarylRecommendation:
The West Avenue Bridge Project (Project) proposes to construct a new bridge over the Collins Canal at West Avenue.
The proposed cross section of the bridge consists of two travel lanes, bi-directional bike lanes, and a sidewalk on each
side of the road.
The Project Development Environment (PD&E) Study ensures that the Project, which is receiving federal aid, follows
the policies and procedures outlined in the National Environmental Policy Act (NEPA). The first task in the PD&E
Study is data collection for the study area. Once the data collection is completed, the Consultant will conduct an
alternatives analysis, where several alternative bridge concepts will be developed. The alternatives analysis will be
comprised of the technical engineering and environmental analyses identified during the ETDM Programming Screen.
The potential environmental, social, cultural, and physical impacts associated with each alternative will be assessed.
The engineering analysis will include the development of conceptual plans that show a typical cross section and plan
view of the alternatives overlaid on aerial photographs. It will also include a traffic analysis, as well as geotechnical,
drainage, and bridge hydraulic reports. The environmental analysis will include cultural resource, essential fish habitat,
and endangered species biological assessments, as well as other environmental evaluations and reports. Based on
the alternatives analysis and public input, an evaluation matrix will be used to eliminate the least desirable alternatives
and select a single-preferred alternative that meets the purpose and need of the project, along with the No-build
alternative.
On October 15, 2010, an Evaluation Committee convened to score and rank the proposals. Based on the scores and
rankings of the Committee members, a motion was presented by Elizabeth Wheaton, seconded by Walter Miros, and
was unanimously approved by the Committee to recommend Gannett Fleming, Inc., as the topranked firm, T.Y. Lin
International as the second-ranked firm, and The Corradino Group, Inc. as the third-ranked firm.
I Gannett Flemincl. Inc. I
Gannett Fleming was founded in 1915 and currently provides an array of services in the transportation,
waterlwastewater, facilities, environmental, and information technology disciplines. Gannett managed the PD&E study
for Alton Road, from 5th Street to Michigan Avenue, the Venetian Causeway Master Plan and Design, the Lincoln Road
Mall Extension, and the Collins Avenue Resurfacing from 26th to 44th Streets in Miami Beach.
Gannett's project team consists of ~imJe~-~orn & Associates, CH Perez & Associates, Inc., Holt Communications,
Glass Land Acquisition Services Specialists, Inc., Geosol, Inc., Southern Resource Mapping of Miami, Janus
Research, Oppenheim Architecture + Design, Akerman Senterfitt, and Infinite Source PR.
I I
Advisory Board Recommendation:
Financial Information:
Source of Amount i At~ourrt
Funds: 1 : N/A
OBPl Total
Financial Impact Summary: N/A
He-
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 Manager
DATE: November 17,2010
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ClTY
MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 48-
09110, FOR THE PROJECT DEVELOPMENT AND ENVIRONMENT STUDY FOR
THE WEST AVENUE BRIDGE PROJECT; AND AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WlTH THE TOP-RANKED
FIRM, GANNETT FLEMING, INC.; AND SHOULD THE ADMINISTRATION NOT BE
ABLE TO SUCCESSFULLY NEGOTIATE AN AGREEMENT WlTH THE TOP-
RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WlTH
THE SECOND-RANKED FIRM, T.Y. LIN INTERNATIONAL; AND SHOULD THE
ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WlTH THE
SECOND-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE
AN AGREEMENT WlTH THE THIRD-RANKED FIRM, THE CORRADINO GROUP,
INC.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The West Avenue Bridge Project (Project) proposes to construct a new bridge over the Collins
Canal at West Avenue. The proposed cross section of the bridge consists of two travel lanes, bi-
directional bike lanes, and a sidewalk on each side of the road.
A preliminary estimated budgetary opinion of the West Avenue Bridge Project, including a
Project Development and Environment (PD&E) Study, architecturallengineering services,
construction, and the costs associated with land acquisition for the bridge right-of-way (ROW), is
approximately $5,239,589. The City has received a total of $1,259,372 in Federal High Priority
Project (FHPP) funding for planning and design. The City has allocated People's Transportation
Plan funds in the amount of $747,720 and Concurrency Mitigation Funds in the amount of
$28,068. The City is also requesting Miami-Dade County District 8 Road Impact Fee funds in
the amount of $3,011,000 for the project, leaving a balance needed of $1 93,429.
The City has conducted a planning-level traffic analysis and feasibility study, which investigated
all traffic movements associated with this proposed bridge. The traffic study evaluated the most
viable options for a fixed crossing and the potential costs associated with the construction of a
Commission Memorandum - RFQ-48-09/10 - PD&E Study for the West Avenue Bridge Project
November 17, 2010
Page 2 of 29
preferred alternative. The traffic analysis evaluated the impacts to the surrounding
neighborhood by routing some of the traffic from Alton Road, a major arterial roadway, to West
Avenue, an urban collector roadway.
The results of the study determined that the proposed bridge would help alleviate traffic
congestion along Alton Road and along 17fh Street, and would improve transit, bicycle, and
pedestrian mobility and safety. The proposed bridge would provide a more direct connection to
the Sunset Neighborhoods and reduce the potential for safety conflicts at the intersections of
Dade Boulevard and Bay Road.
The City and the Florida Department of Transportation (FDOT) completed the Efficient
Transportation Decision Making (ETDM) Programming Screen for the Project. The ETDM
Programming Screen provided an opportunity for various government agencies and the public
to provide early input on the potential environmental, social, and economic impacts of the
proposed bridge. It also provides guidance on the types of environmental and engineering
studies that will be required for the Project, and establishes the Class of Action Determination.
In October 2009, the Federal Highway Administration (FHWA) approved a Categorical
Exclusion Type II Class of Action Determination. The City will manage the next phases of the
project, which will be a PD&E Study and ROW Acquisition. These phases will be closely
coordinated with FDOT.
SCOPE OF SERVICES
The PD&E Study ensures that the Project, which is receiving federal aid, follows the policies
and procedures outlined in the National Environmental Policy Act (NEPA). The first task in the
PD&E Study is data collection for the study area. Once the data collection is completed, the
Consultant will conduct an alternatives analysis, where several alternative bridge concepts will
be developed. The alternatives analysis will be comprised of the technical engineering and
environmental analyses identified during the ETDM Programming Screen. The potential
environmental, social, cultural, and physical impacts associated with each alternative will be
assessed. The engineering analysis will include the development of conceptual plans that show
a typical cross section and plan view of the alternatives overlaid on aerial photographs. It will
also include a traffic analysis as well as geotechnical, drainage, and bridge hydraulic reports.
The environmental analysis will include cultural resource, essential fish habitat, and endangered
species biological assessments, as well as other environmental evaluations and reports. Based
on the alternatives analysis and public input, an evaluation matrix will be used to eliminate the
least desirable alternatives and select a single-preferred alternative that meets the purpose and
need of the project, along with the No-build alternative.
The community will be involved throughout the PD&E process through the implementation of a
Public Involvement Plan (PIP). Residents, business owners, and other stakeholders will have
several opportunities to review project information and participate in the decision making
process. The public will be invited to attend public meetings throughout the study to review and
comment on the alternative conceptual designs of the Project. At the end of the PD&E process,
a public hearing is held to provide an official public forum where all impacted stakeholders can
express their concerns, opinions, and comments regarding the Project.
After the comments from the public hearing have been addressed, the analyses conducted
throughout the PD&E process and all public input are compiled into a Project Development
Commission Memorandum - RFQ-48-09/10 - PD&E Study for the West Avenue Bridge Project
November 17, 2010
Page 3 of 29
Summary Report (PDSR). The PDSR is submitted to the Federal Highway Administration
(FHWA) for Location and Design Concept Acceptance. Once this acceptance is received, the
study phase of the project will be complete.
It is estimated that the entire PD&E process will be completed within eighteen (1 8) months. The
phases that follow the study phase include the design and construction of the approved
improvements.
The successful firm will be tasked with the following duties and responsibilities in addition to the
complete scope of services noted in Appendix A:
0 Additional Services: No additional services are envisioned at this time. However, if such
services are required during the performance of the work, they will be requested by the
City and negotiated in accordance with the Contract requirements.
Reimbursable Services: The City may reimburse additional expenses such as
reproduction costs, survey, geotechnical work, underground utility verification costs and
material testing / abatement.
RFQ PROCESS
On August 17, 2010, the RFQ was issued with an opening date of September 17, 2010. A Pre-
proposal meeting to provide information to prospective proposers was held on August 30,201 0.
Bidsync issued bid notices to 4,258 prospective bidders which resulted in the receipt of the
following four (4) bids:
BCC Engineering, Inc.
0 The Corradino Group, Inc.
o Gannett Fleming, Inc.
T. Y. Lin International
The City Manager, via a Letter to Commission (LTC) No. 259-2010, appointed an Evaluation
Committee (the "Committee") consisting of the following individuals:
0 Christine Bettin, Transportation Coordinator, Miami Beach Public Works - Transportation
Dat Huynh, P.E., District Project Development Engineer, Florida Dept. of Transportation
Walter Miros, Miami Beach Resident, Leadership Academy Graduate
Marcos Redondo, Project Manager, Miami-Dade County Public Works
0 Betsy Wheaton, Environmental Specialist, Miami Beach Public Works - Storm Water
EVALUATION PROCESS
On October 15, 2010, the Committee convened to score and rank the proposals. Prior to the
meeting commencing, two members noted in their disclosure questionnaire that they had
previously worked for firms that were to be evaluated. Dat Haynh disclosed that he worked for
The Corradino Group, Inc. five (5) years ago while Marcos Redondo disclosed having worked
for Gannett Fleming twelve (12) years ago. While there is no legal conflict of interest that would
prevent both from participating as part of the Committee, there could be a perceived conflict of
Commission Memorandum - RFQ-48-09/10 - PD&E Study for the West Avenue Bridge Project
November 17,2010
Page 5 of 29
Based on the scores and rankings of the Committee members, a motion was presented by
Elizabeth Wheaton, seconded by Walter Miros, and was unanimously approved by the
Committee to recommend Gannett Fleming, Inc., as the top-ranked firm, T.Y. Lin International
as the second-ranked firm, and The Corradino Group, Inc. as the third-ranked firm.
Gannett Fleming, Inc.
Gannett Fleming was founded in 1915 and currently provides an array of services in the
transportation, waterlwastewater, facilities, environmental, and information technology
disciplines. Gannett managed the PD&E study for 5'h Street and Michigan Avenue, the
Venetian Causeway Master Plan and Design, the Lincoln Road Mall Extension, and the Collins
Avenue Resurfacing from 26'h to 44' Streets in Miami Beach.
Gannett's project team consists of Kimley-Horn & Associates, CH Perez & Associates, Inc., Holt
Communications, Glass Land Acquisition Services Specialists, Inc., Geosol, Inc., Southern
Resource Mapping of Miami, Janus Research, Oppenheim Architecture + Design, Akerman
Senterfitt, Infinite Source PR
AGREEMENT
The results of the Negotiated Agreement to include total cost will be presented to the Mayor and
City Commissioner at a regularly scheduled City Commission meeting.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the attached
Resolution accepting the recommendation of the City Manager pursuant to Request for
Qualifications (RFQ) No. 48-09/10, for the Project Development & Environment Study for the
West Avenue Bridge Project; and authorizing the Administration to enter into negotiations with
the top-ranked firm, Gannett Fleming, Inc.; and should the Administration not be able to
successfully negotiate an agreement with the top-ranked firm, authorizing the Administration
to negotiate with the second-ranked firm, T.Y. Lin International; and should the Administration
not be able to negotiate an agreement with the second-ranked firm, authorizing the
Administration to negotiate an agreement with the third-ranked firm, The Corradino Group,
Inc.
Commission Memorandum - RFQ-48-09/10 - PD&E Study for the West Avenue Bridge Project
November 17, 2010
Page 6 of 29
APPENDIX A - DETAILED SCOPE OF SERVICES
SCOPE OF SERVICES
WEST AVENUE BRIDGE
PROJECT DEVELOPMENT AND ENVIRONMENT (PD&E) STUDIES
Financial Project ID: 42091 01
Work Program Item No.:
Federal Aid Project No.:
County Section No.:
Description:
Commission Memorandum - RFQ-48-09/10 - PD&E Study for the West Avenue Bridge Project
November 17, 2010
Page 7 of 29
SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES
PROJECT DEVELOPMENT AND ENVIRONMENT (PD&E) STUDIES
PURPOSE
The purpose of this scope of services is to describe the responsibilities of the CONSULTANT
and the City of Miami Beach (CITY) in connection with the Preliminary Engineering (Conceptual
Design), and Environmental Studies necessary to comply with Florida Department of
Transportation (FDOT) procedures and to obtain Federal Highway Administration (FHWA)
Location and Design Concept Acceptance (LDCA) of proposed improvements to this
transportation facility. The Project Development Process shall follow FDOT's publication titled
"Project Development and Environment Manual", published February 2, 2007, and all
subsequent revisions. Throughout this Scope of Services, the publication will be referred to as
the "PD&E Manual". All tasks identified in this scope of services will be done in accordance with
the PD&E Manual, unless otherwise stated.
The PD&E Manual incorporates all the requirements of the National Environmental Policy Act
(NEPA); Federal law and executive orders; applicable Federal regulations included in the
Federal Highway Administration Federal-Aid Policy Guide; and applicable State laws and
regulations including Chapter 339.155 of the Florida Statutes. The project documentation
prepared by the CONSULTANT in accordance with the PD&E Manual shall therefore comply
with all applicable State and Federal laws, executive orders, and regulations.
The CONSULTANT shall perform those engineering services required for LDCA studies,
including consideration of all social, economic, environmental effects, and mitigation as required
by the FHWA and/or the Project Development and Environment (PD&E) Manual, along with the
required environmental documents, engineering reports, preliminary plans, public hearing, and
right-of-way maps.
Sections 1 through 4 of the Scope of Services will establish which items of work described in the
PD&E Manual are specifically included in this contract, and additionally which of the items of
work will be the responsibility of the CONSULTANT or the CITY.
The CITY will provide contract administration and provide management services and technical
reviews of all work associated with the development and preparation of the
engineeringlenvironmental study reports for the transportation facility.
STUDY OBJECTIVE
The CONSULTANT shall study the construction of a new bridge on West Avenue, which would
span the Collins Canal at West Avenue from 17'~ Street to Dade Boulevard, in Miami-Dade
County, Florida. The project limits are on West Avenue from north of Lincoln Road to south of
18'~ Street. Improvements on the existing portions of West Avenue may include milling and
resurfacing, pavement markings, signage, and bicycle and pedestrian improvements.
The CONSULTANT shall develop all viable alternatives for the proposed West Avenue Bridge.
The typical sections considered for each alignment shall be, at a minimum, a two lane bridge
Commission Memorandum - RFQ-48-09/70 - PD&E Study for the West Avenue Bridge Project
November 17, 2010
Page 8 of 29
with bi-directional bicycle lanes and sidewalks.
STUDY REQUIREMENTS AND PROVISIONS FOR WORK
Governing Regulations
The services performed by the CONSULTANT shall comply with all applicable CITY and FDOT
Manuals and Guidelines. The CITY'S and FDOT's Manuals and Guidelines incorporate, by
requirement or reference, all applicable State and Federal regulations. The current edition,
including updates, of the following Manuals and Guidelines shall be used in the performance of
this work. It is understood that AASHTO criteria shall apply as incipient policy.
Florida Statutes
Florida Administrative Codes
Applicable Federal Regulations, U.S. Codes and Technical Advisories
Project Development and Environment Manual
ETDM Planning and Programming Manual
Sociocultural Effects Evaluation Handbook
Public Involvement Handbook
Plans Preparation Manual
Interchange Handbook (525-030-160)
Design Standards (625-01 0-003)
Highway Capacity Manual
Manual on Uniform Traffic Studies (MUTS)
Minimum Standards for Design, Construction, and Maintenance Streets and Highways
(Florida Greenbook) (625-000-01 5)
Guide for the Design of Bicycle Facilities (AASHTO)
Florida Pedestrian Facilities Planning & Design Handbook
Rig ht-of-Way Mapping Handbook (550-030-01 5)
Right-of-way Procedures Manual (575-000-000)
Location Survey Manual (550-030-1 01)
EFB User Guide
Drainage Manual
Department's Stormwater Facilities Handbook
Outline Specifications - Aerial Surveys/Photogrammetry
Structures Design Guidelines (625-020-1 54)
CADD Manual (No. 625-050-001)
CADD Production Criteria Handbook
FDOT QualityILevel of Service Standards Handbook Software & Tables
K-Factor Estimation Process
Project Traffic Forecasting Procedure (525-030-1 20)
FDOT Highway Landscape Guide
Basis of Estimates Manual
Commission Memorandum - RFQ-48-09/10 - PD&E Study for the West Avenue Bridge Project
November 17, 2010
Page 9 of 29
City of Miami Beach Public Works Manual
Liaison Office
The ClTY will designate a Project Manager who shall be the representative of the ClTY for the
Project. While it is expected the CONSULTANT shall seek and receive advice from various
State, regional, and local agencies, the final direction on all matters of this Project remain with
the Project Manager.
Key Personnel
The CONSULTANT'S work shall be performed and directed by the key personnel identified in
the proposal presentations by the CONSULTANT. Any changes in the indicated personnel shall
be subject to review and approval by the CITY.
Meetings and Presentations
The CONSULTANT shall attend a Notice to Proceed Meeting with ClTY representatives, where
relevant project information will be provided by the CITY, along with procedures for
administering the contract. The CONSULTANT and his staff shall also be available with no
more than a five (5) workday notice to attend meetings or make presentations at the request of
the CITY. Such meetings and presentations may be held at any hour between 8:00 A.M. and
12:OO midnight on any day of the week. The CONSULTANT may be called upon to provide
maps, press releases, advertisements, audiovisual displays and similar material for such
meetings.
Quality Control
The CONSULTANT shall be responsible for insuring that all work products conform to ClTY
standards and criteria. This shall be accomplished through an internal Quality Control (QC)
process performed by the CONSULTANT. This QC process shall insure that quality is achieved
through checking, reviewing, and surveillance of work activities by objective and qualified
individuals who were not directly responsible for performing the initial work.
Prior to submittal of the first invoice, the CONSULTANT shall submit to the CITY'S Project
Manager for approval the proposed method or process of providing Quality Control for all work
products. The Quality Control Plan shall identify the products to be reviewed, the personnel
who perform the reviews, and the method of documentation.
Correspondence
Copies of all written correspondence between the CONSULTANT and any party pertaining
specifically to this study shall be provided to the ClTY for their records within one (1) week of
the receipt of said correspondence.
Commission Memorandum - RFQ-48-09/70 - PD&E Study for the West Avenue Bridge Project
November 17, 2010
Page 10 of 29
Submittals
The CONSULTANT shall provide electronic and hard copies of the required documents as listed
below. These are the anticipated printing requirements for the project. This tabulation will be
used for estimating purposes, and the Project Manager will determine the number of copies
required prior to each submittal.
Public Involvement: Copies:
Public Involvement Plan
Public Hearing Transcript Certification
Comments & Coordination Report
Engineering Items: Copies:
Traffic Report 03
First Draft Project Development Summary Report 04
Second Draft Project Development Summary Report 04
Final Project Development Summary Report (Signed and Sealed) 04
Location Hydraulics Report 03
DrainageIPond Siting Report
Conceptual Design Bridge Plan Set
Geotechnical Report
Typical Section Package
Bridge Hydraulic Report
Bridge Development Report
Design Variations and Exceptions Package
03
03
03
03
03
03
03 Optional
Environmental Items: Copies:
Section 4(9 Evaluation
Noise Study Report
Air Quality Report Technical Memorandum
Contamination Screening Evaluation Report
Endangered Species Biological Assessment
Essential Fish Habitat Assessment
Wetlands Evaluation Report
Cultural Resource Assessment (Include Section 106 Evaluation)
Upon completion of the study, the CONSULTANT shall deliver to the CITY, in an organized
manner, all project files, maps, sketches, worksheets, and other materials used or generated
during the study process.
Computer Automation
The project will be developed utilizing Computer Aided Drafting and Design (CADD) systems. It
is the responsibility of the CONSULTANT to meet the requirements in the FDOT CADD
Commission Memorandum - RFQ-48-09/10 - PD&E Study for the West Avenue Bridge Project
November 17, 2010
Page I I of 29
Manual. The CONSULTANT will submit final documents and files as described therein.
Additional related information is found in the FDOT Plans Preparation Manual.
All computer disks shall be scanned for viruses prior to submitting to the CITY. Failure to scan
for viruses may result in a lower Consultant work performance evaluation.
Coordination with Other Consultants and Entities
The CONSULTANT is to coordinate their work with any ongoing and/or planned projects that
may affect this study. The CONSULTANT is to coordinate with local governmental entities to
ensure design and right of way requirements for the project are compatible with local public
works improvements and right of way activities. The CONSULTANT is to coordinate with any
agencies and/or entities that require further coordination through the ETDM Process.
Optional Services
At the CITY'S option, the CONSULTANT may be requested to provide final design and plans
preparation services. The fee for these services shall be negotiated for a fair, competitive and
reasonable cost, considering the scope and complexity of the project@). A supplemental
agreement for the additional services shall be executed in accordance with the standard
consultant agreement.
1.0 PUBLIC INVOLVEMENT
Public involvement includes communicating to and receiving input from all interested persons,
groups, and government organizations regarding the development of the project. The
Consultant shall coordinate and perform the appropriate level of public involvement for this
project as outlined in Part I, Chapterll, and Part 2, Chapter 9 of the PD&E Manual, the
FDOT Public lnvolvement Handbook and the following sections of this Scope of Services.
The CONSULTANT shall provide to the ClTY drafts of all Public lnvolvement collateral (i.e.,
newsletters, property owner letters, advertisements, etc.) associated with the following tasks for
review and approval at least five (5) business days prior to printing and / or distribution.
1 .I Public lnvolvement Program
The CONSULTANT will prepare the Public lnvolvement Program. The Public lnvolvement
Program is developed and documented and is consistent with Part 1 Chapter 11 of the PD&E
Manual. The program must be in written form and incorporated into the project file.
1.2 Public Involvement Data Collection
The CONSULTANT shall assist the ClTY with data collection (mailing list, news clipslstories)
and in preparing responses to any public inquiries from the public involvement process.
1.3 Notice of Intent
A Notice of Intent is not applicable for this project.
Commission Memorandum - RFQ-48-09/10 - PD&E Study for the West Avenue Bridge Project
November 17, 2010
Page 12 of 29
1.4 Advance Notification
An Advance Notification is not applicable for this project. The Advanced Notification was
submitted during the ETDM Programming Screening and recorded in the EST and
Programming Screening Report.
1.5 Scheduled Public Meetings
The CONSULTANT shall provide all support necessary for the CITY to hold or participate in
various public meetings, which may include but not limited to:
Scoping Meetings
Elected Officials/Agency Kick-off Meeting
Public Kick-off Meeting
Public Hearing
Corridor or other Public Meeting
Alternatives Evaluation Public Meeting
For any of the above type meetings, the CONSULTANT shall prepare and/or provide:
Scripts or agenda for presentation.
Handouts
Graphics for presentation.
Meeting equipment set-up and tear-down.
Legal and/or display advertisements. (The CONSULTANT will pay the cost of
publishing.)
Letters for notification of elected and appointed officials, property owners and other
interested parties. (The CONSULTANT will pay the cost of first class postage.)
News releases, for use three to five days prior to meeting.
Summary notes of meetings to be provided to the Department no later than 5 business
days after the meeting.
Briefing and debriefing of Department staff.
The CONSULTANT will investigate potential meeting sites to advise the CITY on their suitability.
The CONSULTANT will pay all costs for meeting site rental and insurance. The CONSULTANT
will attend the meetings with an appropriate number of personnel to assist the CITY'S Project
Manager. It is estimated for this project there will be four (4) Public meetings during the study.
1.6 Other (Unscheduled) Public and Agency Meetings
In addition to scheduled public meetings, the CONSULTANT may be required to participate in
other meetings with the public, elected officials, special interest groups or public agencies. The
CONSULTANT'S participation will be limited to participation during the meeting, note taking, and
summarizing the meeting in a memo to the file. It is estimated for this project there will be six
(6) meetings during the study.
1.7 Public Hearing
The CONSULTANT shall provide all the support services listed in Sections 1.2 and 1.5 above,
and in addition shall prepare:
Public officials and Agency letters: The CONSULTANT will prepare the letters, insert them in
Commission Memorandum - RFQ-48-09/10 - PD&E Study for the West Avenue Bridge Project
November 1 7, 201 0
Page 13 of 29
envelopes, and address the envelopes. The CONSULTANT will pay for first class postage. At
the CITY's discretion, the CONSULTANT will e-mail letters in lieu of or in addition to those sent
by U.S. Mail.
Property owner letters: The CONSULTANT will provide a list of the names and addresses of
the property owners from county tax rolls in a format specified by the CITY. The CONSULTANT
will prepare the letters, insert them in envelopes, and address the envelopes. The
CONSULTANT will pay for first class postage.
All elements of the multi-media presentation, which will include:
Graphics
Displays of plans and report(s) for the public display.
Brochures or handouts.
Prepare public advertisements.
Court Reporter(s)
Briefing and debriefing of City staff.
The CONSULTANT will procure a verbatim transcript of the Public Hearing. The CONSULTANT
will combine the transcript with any other comments received by the ClTY as part of the public
hearing record, and affidavits of publication of legal ads, and will provide copies of the transcript
for the CITY's use. The CONSULTANT will also prepare a Public Hearing Summary attached to
the Public Hearing Transcript.
1.8 Location and Design Concept Acceptance
The CONSULTANT shall prepare a quarter-page legal display advertisement to be published in
the area newspaper(s) having the largest daily circulation (The same newspaper(s) the Public
Hearing was advertised in). The notice is published and paid for by the CONSULTANT. ClTY
review prior to the publication is required.
1.9 Special Public Involvement Requirements
1. Identify and Inspect Public Meeting Sites
Prospective sites for any public meetings to be held shall be held at a site near the project
location and shall be inspected for suitability. Consideration shall be given to location, seating
capacity, sound system, lighting, display space and any other physical characteristics which
would influence the viability of this site, including compatibility with the terms of the Americans
with Disabilities Act of 1990. Possible Public Information Workshop sites (which may also be the
Public Hearing site) should be catalogued. Sites which have characteristics more suitable to a
Public Hearing (than a more informal information workshop) shall be catalogued. The
CONSULTANT shall make all arrangements for use of the meeting facility for the Public
Information Workshop(s) and Public Hearing including payment of any rental fees, if applicable.
2. Correspondence
Within three days of the receipt or mailing of all written correspondence between the
CONSULTANT and any party pertaining to this study, copies shall be provided to the ClTY for
their records.
3. Newsletters
The CONSULTANT shall prepare newsletters at various key points during the study. The
Commission Memorandum - RFQ-48-09/10 - PD&E Study for the West Avenue Bridge Project
November 1 7, 201 0
Page 14 of 29
newsletters shall be mailed by the CONSULTANT to elected officials; property owners,
businesses and interested persons included on the mailing list compiled by the CONSULTANT.
ClTY review prior to mailing is required. A maximum of eight (8) newsletters are anticipated.
4. Comments and Coordination Report
The Comments and Coordination Report shall contain, as a minimum, all documentation of the
public participation accomplished throughout the study period. This report should summarize
and respond to the comments received from the Public Involvement, Advance Notification,
coordination with local officials and agencies, public meetings, etc. as part of Part 2, Chapter 31
of the PD&E Manual. The final Comments and Coordination Report shall be submitted to the
Department and summarized in the final PDSR.
5. Project Web Site
The CONSULTANT will create a project web site for this project. This site will have a distinct
address on the World Wide Web (i.e., www.WestAvenueBridgeProject.com). A link will be
established on the ClTY of Miami Beach home page as well as the CONSULTANT'S home
page. To allow for input via E-mail links, meeting information and report summaries will be
available for viewing and downloading. Limited graphics will be available due to the size and
downloading time for many graphical applications. The web site must be updated bi-weekly.
The web site will contain a minimum of six pages:
A facts page (home page). The facts page will be a brief overview of what the project is,
and the need for the project.
Project Overview page. The Project Overview page will be printable in pdf format.
A PD&E definition page. A link to this site will appear wherever the acronym PD&E
appears on any of the subsequent pages. It will give a brief overview of how a PD&E
project is done and the outcomes possible from it.
A project information page. The project information page will have specific project
information as well as results of workshops, hearings, etc. This will be updated to add or
delete alternatives being considered as necessary.
A public involvement page. The public involvement page will contain a general overview
of proposed meetings. This will include Public Information Meetings, Public Workshops,
Speaker's Bureau, Neighborhood Homeowners Association Meetings, Public Hearing,
and any other meeting the ClTY would like added to the site. The page will also contain
an area where viewers may enter their name and address (both are to be mandatory
inputs) to be added to the mailing database. The Project Manager's name will be listed
as a contact with his FDOT mailing, and E-mail addresses listed as well as his telephone
and fax at the District Office. This page will also contain all above information listed for
the Department's Project Manager on the subscription page. All pages will be linked to
the public involvement page.
A project schedule page. The project schedule will contain a brief generalization of the
milestones for this project. Milestones will be taken from the schedule developed by the
CONSULTANT, as approved by the CITY. Shifts in the schedule will be reflected in this
page as they occur. This project will be linked to the CITY'S web site and the ETDM
Public Access Site. The CONSULTANT is directed to contact the Project Manager
before setting up the web site. All web site development activities will be coordinated
with the Project Manager.
Commission Memorandum - RFQ-48-09/10 - PD&E Study for the West Avenue Bridge Project
November 17, 2010
Page 15 of 29
Videos, Renderings, etc.: The CONSULTANT shall prepare an audiovisual presentation for
public meetings.
See Section 1.5 and 1.7 for presentation requirements related to the Public workshop and
hearing.
1 .I 0 Quality Control
The CONSULTANT shall be responsible for insuring that all work products conform to ClTY
standards and criteria. This shall be accomplished through an internal quality control process
performed by the CONSULTANT. This quality control process shall insure that objective and
qualified individuals who were not directly responsible for performing the initial work achieve
quality through checking, reviewing, and surveillance of work activities. Prior to submittal of the
first invoice, the CONSULTANT shall submit to the Project Manager for approval the proposed
method or process of providing quality control for all work products. The Quality Control Plan
shall identify the products to be reviewed, the personnel who perform the reviews, and the
method of documentation. The CONSULTANT will be responsible for the inclusion of the Quality
Assurance Checklist indicating the CONSULTANT'S quality control process has been
completed. The CONSULTANT shall review all reports prepared by sub-CONSULTANTS.
2.0 ENGINEERING ANALYSIS AND REPORTS
The CONSULTANT shall coordinate and perform the appropriate level of engineering analysis
for this project as outlined in Part I, Chapter 4 of the PD&E Manual and the following sections.
Data Collection
Upon notice to proceed, the CONSULTANT shall begin preliminary assessments of the study
corridor from an engineering standpoint. This task is largely of a data gathering nature. This
activity consists of collecting various information and materials relative to the performance of
engineering analyzes within the study area. The information should include all data necessary to
perform adequate evaluation of the location and design of a transportation facility.
2.1 Field Review
The CONSULTANT shall conduct all anticipated field trips needed to collect engineering data
2.2 Aerial Photography
Use Aerial Photography as a basis for plotting various data necessary for both engineering and
environmental analysis, alternative corridor and design studies, and the development of the
preliminary plans of conceptual design. Copies of aerial photography are the prime source of
information used to convey project considerations to the public at public meetings. The
CONSULTANT will furnish the necessary aerial photography for use in the study, and at a scale
of 120.
2.3 Survey
This task is for the CONSULTANT to provide a topographic survey of the project area with
sufficient information to determine the particular alignment of the proposed bridge. The CITY
can provide a Legal Description of the project area and a "Sketch to Accompany a Legal
Description".
2.4 Existing Roadway Characteristics
This task includes gathering data on pertinent corridor physical features and conditions which
Commission Memorandum - RFQ-48-09/10 - PD&E Study for the West Avenue Bridge Project
November 17, 2010
Page 16 of 29
help in better understanding the existing roadway segments under consideration in this contract.
Most of this information is available from the CITY; however other references including field
observations and interviews with knowledgeable people will yield additional data. CITY sources
include project files, contract documents and right-of-way maps, Roadway Characteristic
Inventory, and drainage maps. The CONSULTANT shall be responsible to procure the entire
engineering data list in Part 1, Chapter 4 of the PD&E Manual and other data necessary to
conduct a PD&E study and prepare Project Development Summary Report as described in the
ETDM Manual. The CONSULTANT shall develop a CADD database, supported by computer
spreadsheets, that includes all existing highway characteristics noted above, as appropriate.
CADD database information shall be compatible for use on aerial photography used for Public
Hearing displays, the Corridor Base Map(s), and Conceptual Design Plans.
2.5 Existing Structure Characteristics
This task includes gathering data on existing structures using the same means as stated above
in Section 2.4.
2.6 Traffic Data
The CONSULTANT will be responsible for developing the Project Traffic Forecasts for this
project. The project forecast years and analysis years are -- existing year, -- opening year, -
mid-design year and -- design year.
a. Project Traffic Report - The CONSULTANT'S Project Traffic Report shall include at a
minimum:
An Executive Summary, Introduction
Existing Conditionsllnventory
Crash Data (as defined in Section 2.7)
Traffic Forecasting Methodology
Development of Future Year Demand Traffic (AADT)
Development of applicable Traffic Factors
Traffic Analysis Factors (peak hour factor, driver population factor)
Design Hour Demand Traffic (both DHV and DDHV)
Analysis of Existing Conditions
Development of Future Mainline Requirements
Cross Street Geometry Requirements
* Traffic lnformation Worksheets for Air and Noise Quality
Estimates of Required Storage Length for Major Intersections
-"Details and Engineering Technical Write Up of Analysis Techniques Used As
Determinates for Recommendations and Provisions for Appended Information" to
support all technical recommendations.
(1) Existing Conditions/lnventory shall include but not be limited to review of all project
corridor(s) by a professional engineer, collection of all available traffic data information (from
2004, 2005,2006, 2007 and 2008) and Crash Data (as defined in Section 2.7). Review of all
available FDOTIMiami-Dade County data resources such as:
a) Roadway Characteristics Inventory
b) FDOT Traffic Count lnformation
c) Local traffic count information
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November 17, 2010
Page 17 of 29
d) Traffic signal inventoryltiming information
e) Review of all currently approved improvements along cross streets and project mainline
within a 5 year period from the date of issuance of this project
f) Review of previously approved actions for this corridor and/or cross streets (local, State
or Federal)
(2) Analysis of Existing Conditions on existing facilities shall include but not be limited to a
complete evaluation using all applicable modules or manual techniques as described within the
2000 Highway Capacity Manual or HCM (or latest equivalent thereof). The CONSULTANT'S
analysis will at a minimum include mainline, ramp mergeldiverge, weaving section and cross
street traffic signals within 118 of a mile of each other starting at each respective ramp terminal
until such spacing is greater then % mile. The CONSULTANT will need to document each
element of Level of Service for each component as noted above. These elements will be
compared to the currently adopted FDOT Level of Service Criteria as defined in the FAC 14-94
for the FlHS and SIS facilities. This criteria shall apply for all mainline, ramp mergeldiverge and
weaving sections. For other facilities controlled by traffic signals, the standard shall be the
adopted LOS (using FAC 14-94 for State Roads and Locally Adopted LOS for Local Roads).
Examples of this would be LOS E at intersections for a State Road, with no failing movements,
with a locally adopted LOS Standard of C. A summary of all elemental LOS components will be
denoted in text, table, and graphic format with analyses sheets provided in a logically labeled
and identified appendix (page numbered). Each Location not meeting the adopted LOS shall be
denoted in text, table, and graphic format.
The analysis of existing conditions will contain a quantitative and qualitative of current
operational deficiencies and potential remedial improvements that could improve the existing
deficient operation. The CONSULTANT shall review all available traffic count information
provided from the FDOT and CountyICITY. The CONSULTANT shall provide a list of
supplemental locations needed to the CITY for traffic count data. The CONSULTANT shall be
responsible for developing Traffic Factors (K, K30, Dl D30 T factor for peak hour and T factor for
daily) based on the information from the FDOT Traffic Count Database. The CONSULTANT
shall make recommendations for Traffic Analysis Factors (peak hour factor, driver population
factor).
(3) Future Travel Demand will be established using the locally adopted Southeast Florida
Regional Planning Model (SERPM) for the area as provided by the local Metropolitan Planning
Organization (MPO). In addition, the CONSULTANT shall review the trafk forecasting model
and shall be prepared to review the current zonal data information for the MPO's horizon year
based on currently observed development trends to extrapolate zonal data to the year 2035.
The CONSULTANT shall provide comparative tables and model plots to formulate a basis in
determining future year Project Traffic Forecasts. In addition, the CONSULTANT shall review
and compare historical traffic count growth trends using information from the FDOT Traffic
Count database and local information given a minimum of five continuous years of data at the
same location. Other sources of information that the CONSULTANT may review are economic
forecasts for the area as provided by local Chamber(s) of Commerce, local Real Estate
Professional Association, and other local information sources such as the Economic
Development Council.
All information as gathered in Sections 2.6.a subsection 1 through 3 above will be summarized
in a technical memorandum to be submitted to the CITY. All information is to be submitted in
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November 17, 2010
Page 18 of 29
text, tabular and graphic format. The CITY will review the information provided in the Technical
Memorandum and provide approval to use the information contained therein to develop final
Average Annual Daily Traffic (AADT), Design Hourly Volumes (DHV), and Directional Design
Hourly Volumes (DDHV).
The CONSULTANT shall then prepare the Final Project Forecast Technical Memorandum
containing all information in the Draft Project Traffic Forecast Technical Memorandum and will
include the final AADT, DHV, and DDHV information. All information as presented will be in text,
tabular and graphic formats with all support information contained within appendices in a
logically order sequence including page numbers.
The CONSULTANT shall use this information as the input data source for Section Item 2.18 -
Project Traffic and Concept Report of this Scope of Services. The CONSULTANT should note
that this information in its entirety would be used for the completed Project Traffic and Concepts
Report.
2.7 Crash Data
The CONSULTANT shall obtain available data from FDOT and local sources for various
roadway segments required. Obtain data for previous five years. The data collected shall
include the number and type of crashes, crash locations, number of fatalities and injuries, and
estimates of property damage and economic loss.
2.8 Existing Signage inventory (Limited Access Only)
The CONSULTANT will be responsible for inventorying the existing signage along the project
corridors.
2.9 Utilities & Railroads
The CONSULTANT shall obtain information in accordance with Part 2, Chapter 10 of the PD&E
Manual.
2.10 Transportation Plans
The CONSULTANT shall obtain plans for all modes of transportation including surface, transit
and non-motorized modes. The following plans or studies should be obtained:
Urban Area Transportation Study, and if applicable, County Cost Feasible and Needs
Plans
Local Comprehensive Plans; ClTY and county
Transit; rail, bus, other
Non-motorized modes, including bikeways and pedestrian walkways
2.1 1 Soils
The CONSULTANT shall review the United States Department of Agriculture, Geological
Survey, Natural Resource Conservation Service (formerly Soil Conservation Service) Maps and
summarize the findings.
The CONSULTANT must address all tasks outlined in Section 30 Geotechnical of the updated
Scope of Services for Highway and BridgeIStructural Design dated March 22, 2002, and all
subsequent revisions, applicable to the needs of this project.
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November 1 7, 201 0
Page 19 of 29
2.12 Base Map
The CONSULTANT shall develop a CADD database that includes existing characteristics.
CADD database information shall be compatible for use on aerial photography used for public
hearing presentations, corridor maps, and concept plans.
Needs
2.1 3 Safety
Based on the information obtained from the crash data the CONSULTANT shall identify project
needs associated with the safety of the existing facility.
2.14 Analysis of Existing Conditions
The CONSULTANT shall analyze the existing conditions in order to identify any deficiencies that
are to be identified in the Needs section.
2.15 Purpose and Need Statement
The CONSULTANT shall update and verify the purpose and need for the project from the
Programming Summary Report as outlined in Parf 2, Chapter 5 of the PD&E Manual.
Design Analysis
Utilizing the data collected as part of this Scope of Services, the CONSULTANT shall perform
the engineering analysis necessary to complete the project development process. The task of
engineering analysis will be ongoing throughout the duration of the project and will be performed
with consideration to the results of the environmental impacts analysis. After selection of viable
corridor(s), the CONSULTANT shall develop and analyze alternate conceptual design
alternatives. The development of the design alternatives shall consider context sensitive
solutions. The CONSULTANT shall develop and evaluate all viable alternatives in order to
address the project needs.
2.1 6 Design Analysis
The CONSULTANT shall use aerial photography to identify possible alternate designs while
giving consideration to the following alignment controls:
Available right-of-way through which an improvement providing acceptable service could
be routed.
Cultural features including public and private development.
Natural features which could be impacted by the project.
Logical termini giving consideration to directness, length, and service.
The CONSULTANT shall analyze and evaluate each alternate to a point of rejection or selection
as a viable design. The impacts for each alternative shall be identified and expressed in a form
suitable for comparison to other alternatives. It will be necessary to analyze in sufficient detail to
identify enough differences to select the most viable corridor(s) that would be in the best overall
public interest.
The CONSULTANT shall document the results of the design analysis and provide a
recommendation for the best design.
Design Base Maps
The CONSULTANT will draw Design Base Maps on Aerial Photography. The Base Maps will be
Commission Memorandum - RFQ-48-09/10 - PD&E Study for the West Avenue Bridge Project
November 17, 2010
Page 20 of 29
prepared at a scale of 1:20.
2.1 7 Traffic Analysis
The CONSULTANT will use the data and information as developed in Section 2.6 to develop the
following Documents:
a. Traffic Report - This report will include the Project Traffic Forecasts as the input for
developing concepts for all feasible alternatives.
(1) The CONSULTANT shall evaluate the following scenarios in determining future
mainline lane configurations for all corridors:
i.) Existing Lane Configurations
ii.) Currently Approved Master Plan Concepts and previous PD&E
Configurations. This configuration should be reflected in the currently approved
Long Range Transportation Plan for the MPO. This shall be reviewed and
confirmed by the CONSULTANT with the
ClTY and MPO.
The CONSULTANT shall use the DDHV's as developed within the Project Traffic
Forecast Technical Memorandum to test the basic roadway mainline level of service for
each alternative. The analysis will be consistent with procedures and techniques as
defined by the 2000 HCM (or latest equivalent thereof). The results of the analysis will
be summarized in text, table, and graphic format. Associated computer input and output
sheet will be provided in a logically ordered appendix. In the event that all alternatives as
provided above do not provide a minimum mainline LOS D condition, the CONSULTANT
will have to evaluate multimodal options that will impact the proposed median envelope
of all mainline alternative corridors.
b. The CONSULTANT shall prepare a Draft, Draft Final and Final Project Traffic and Concept
Report for this project. The Project Traffic and Concept Report should include information
defined below but will not omit all pertinent data, information, analyses and lane line diagrams to
make a definitive decision as to a final overall concept plan for new or existing alternatives.
(1) The CONSULTANT shall prepare lane line configuration (stick figure) drawings of all
viable concepts and shall submit at least three mainline and intersection configuration
diagrams to the ClTY for all the alternatives. This submittal will be entitled the Draft
Project Traffic and Concept Report. It shall include but not be limited to an Executive
Summary, the entire Project Traffic Forecast Technical Memorandum (appropriately
integrated into this report), traffic volumes and analyses (level of service) determining
mainline lane, and cross street requirements in text, tabular and graphic format (shown
on the lane line configurations), median treatment plan with or without multi-modal
considerations, anticipated typical section(s) and the lane line configuration diagrams
with dimensions sufficient to create a concept plan. All appendix information from the
Project Traffic Forecasts plus appendix information required by this additional report
component will be included within this draft report submittal on CDIDVD. The
CONSULTANT shall submit 5 hardcopies with appendix CDIDVD plus an electronic
submittal with all components of the report in PDF, Word, original graphic file input,
appendix information, electronic data files for level of service analyses will be included in
the electronic submittal. The ClTY shall review and approve the Draft Project Traffic and
Commission Memorandum - RFQ-48-09/10 - PD&E Study for the West Avenue Bridge Project
November 17, 2010
Page 21 of 29
Concept Report.
2.1 8 Typical Section Analysis
The CONSULTANT shall develop all appropriate typical section alternatives for the project.
These will include the CITY's standard typical sections, and any typical sections that may result
in minimizing right of way, and incorporating context sensitive solutions.
2.19 Roadway Design Alternatives
The CONSULTANT shall identify, develop, and analyze up to three (3) feasible Design
Alternatives as outlined in Part 1, Chapter 4 of the PD&E Manual.
2.20 Prepare Alternative Concept Plans
The CONSULTANT will overlay Concept Plans on the base maps.
2.21 Drainage and Floodplain Analysis
The CONSULTANT shall perform preliminary drainage design in order to determine potential
outfall locations and preliminary sizes (volume and area) of required detention andlor retention
facilities for storm water treatment or attenuation. The location and size of potential
detentionlretention areas will be determined for all viable alternate alignments. The
CONSULTANT shall prepare a Drainage andlor Pond Siting Report, as applicable, for the
project in accordance to the CITY'S Stormwater policies. The CONSULTANT shall prepare a
Location Hydraulics Report for the project in accordance with Part 2, Chapter 24 of the PD&E
Manual.
2.22 Structures
The CONSULTANT will evaluate conceptual structures vertical and horizontal alignments.
2.23 Access Management
The CONSULTANT shall review the CITY's access management policies and determine their
application to the project. The CONSULTANT shall determine the proper access classification
and standard to be applied to the project. The proposed access management plan shall be
presented as part of the public involvement process. If an Access Management
Classification/Reclassification Public Hearing is required, it will be combined with another public
meeting.
2.24 Multi-modal Accommodations
The CONSULTANT will coordinate with transit and local government officials in order to
determine what multi-modal accommodations will be studied and evaluated as part of the
project alternatives. This task only includes existing and planned multi-modal facilities.
2.25 Maintenance of Traffic Analysis
The CONSULTANT will analyze the design alternatives for constructability, and the ability to
maintain traffic. If the constructability analysis indicates that there will be a substantial cost to
maintain traffic, the cost estimate will be included in the cost estimate for that alternative.
2.26 Geotechnical Coordination
This task is for the CONSULTANT to coordinate with the geotechnical staff regarding project
requirements, review of geotechnical data, and scheduling.
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November I 7, 201 0
Page 22 of 29
2.27 Intelligent Transportation Systems
This item is not applicable for this project.
2.28 Utilities and Railroads
Based on the coordination with the utility companies along the project the CONSULTANT shall
prepare a Utility Assessment Package as described in Part 2, Chapter 10 of the PD&E Manual.
The CONSULTANT will also address impacts to existing and proposed railroads.
2.29 Other Engineering Services
IMRIIJR Reports
Lighting Justification Report
Other Design Services
Comparative Analysis of Alternatives
The CITY will determine which viable alternative(s) to further evaluate through the public
involvement process and environmental analysis. The possibility exists that the No-Build
alternative may be selected at this point.
2.30 Comparative Analysis and Evaluation Matrix
After developing the viable alternatives and costs, the CONSULTANT will prepare a matrix
comparing the impacts and costs of the alternatives evaluated, with a recommendation of the
most viable alternative(s). The CONSULTANT shall present their recommendations to the CITY
for consideration.
2.31 Selection of Preferred Alternative(s)
The CONSULTANT shall recommend a preferred alternative(s) based on a review and analysis
of all engineering, environmental, and public involvement issues related to the project.
2.32 Conceptual Design Plans (Preferred)
The CONSULTANT will finalize concept plans for the preferred alternative that include
refinements from the public hearing.
2.33 Identify Construction Segments
The CONSULTANT shall analyze the preferred alternative and identify any construction
segments that can be implemented.
2.34 Value Engineering
Value Engineering is not required for this project.
2.35 Construction Cost Estimates
The CONSULTANT shall develop construction cost estimates and updates for design
alternatives.
2.36 Right Of Way Cost Estimates
This item is not applicable for this project.
2.37 Typical Section Package
The CONSULTANT will prepare the Typical Section Package in accordance with the FDOT
Plans Preparation Manual (excluding pavement design). Pavement Type Selection
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November 17, 207 0
Page 23 of 29
(geotechnical and other support).
2.38 Design Exceptions and Variations:
The CONSULTANT will identify and prepare exception and variations package(s) for approval in
accordance with FDOT's Plan Preparation Manual.
2.39 Project Development Summary Report (PDSR)
The CONSULTANT shall prepare a Project Development Summary Report (PDSR) to
document the Project Development process. The PDSR shall be developed in accordance with
Part I Chapter 4 of the PD&E Manual.
2.40 Quality Control
The CONSULTANT shall be responsible for ensuring that all work products conform to CITY
standards and criteria. This shall be accomplished through an internal quality control process
performed by the CONSULTANT. This quality control process shall insure that objective and
qualified individuals who were not directly responsible for performing the initial work achieve
quality through checking, reviewing, and surveillance of work activities. Prior to submittal of the
first invoice, the CONSULTANT shall submit to the CITY'S Project Manager for approval the
proposed method or process of providing quality control for all work products. The Quality
Control Plan shall identify the products to be reviewed, the personnel who perform the reviews,
and the method of documentation. The CONSULTANT will be responsible for the inclusion of
the Quality Assurance Checklist indicating the CONSULTANT'S quality control process has
been completed. The CONSULTANT shall review all reports prepared by sub-consultants.
3.0 ENVIRONMENTAL ANALYSIS AND REPORTS
The CONSULTANT shall coordinate and perform the appropriate level of environmental
analysis for this project as outlined in the PD&E Manual and the following references.
The CONSULTANT shall utilize the Programming Summary Report and graphical information
from the Environmental Screening Tool (EST) available at http:llwww.dot.state.fl.us/emo, or
other appropriate database. Data base information shall be compatible for use on base maps
used for public presentations, corridor maps, and alternative plans.
The level of effort for the following work activities shall be commensurate with the level of impact
identified in the final Programming Summary Report. If the Summary Degree Of Effect from the
Final Programming Summary Report is "No Involvement", or "None", for an activity, the activity
will be marked NIA in the Scope of Services.
Sociocultural Effects
The CONSULTANT shall collect data regarding the following Sociocultural issues. Pertinent
data shall be collected, analyzed and summarized in the appropriate section of the Project
Development Summary Report (PDSR). Pertinent data shall also be displayed on the base
map, as applicable. These issues shall be analyzed in accordance with Part 2, Chapter 9 of the
PD&E Manual and the Sociocultural Effects Evaluation Handbook (available at
http://www.dot.state.fl.us/emo).
3.4 Land Use Changes (NIA)
The ETDM Screening has resulted in a Summary Degree of Effect of Moderate; however
Commission Memorandum - RFQ-48-09/10 - PD&E Study for the West Avenue Bridge Project
November I 7, 2010
Page 24 of 29
this section is not applicable. Issues identified as needing further study included the
addition of the project into the City's Comprehensive Plan and in the Miami-Dade County
Metropolitan Planning Organization's (MPO) Transportation 2035 Long Range
Transportation Plan (LRTP). Since the completion of the Programming Screen, the
Project has been included in the 2035 LRTP. The project is funded in the TIP as follows:
Fiscal Year (FY) 08/09 for PD&E; FY 09/10 for Final Design; and Construction is
planned for 201 1. While this project is not specifically identified within the Miami-Dade
County Comprehensive Plan, it is consistent with the document due to the fact that both
the LRTP and TIP are adopted as part of the Comprehensive Plan's Transportation
Element.
3.2 Social
The ETDM Screening has resulted in a Summary Degree of Effect of Minimal. Due
to the limited presence of community features and residential uses within the
immediate project vicinity of the preferred alternative, the proposed low-level bridge
design including pedestrian and bicycle lanes, and the assurance in the Feasibility
Study that the project must not adversely impact the accessibility of traffic into and
out of existing establishments, the overall project effects on community character
and cohesion are anticipated to be minimal.
3.3 Economic
The ETDM Screening has resulted in a Summary Degree of Effect of Enhanced. The
proposed West Avenue Bridge is anticipated to alleviate some traffic congestion along
the Alton Road corridor and facilitate traffic flow through the area by providing a more
direct connection to the Sunset Neighborhood, therefore linking residential and
commercial businesses. Due to the anticipated economic benefits to the local economy,
the degree of effect assigned to this issue is enhanced.
3.4 Mobility
The ETDM Screening has resulted in a Summary Degree of Effect of Minimal. The
proposed West Avenue Bridge is anticipated to help alleviate traffic congestion along
Alton Road and along 17th Street, and would improve transit, bicycle, and pedestrian
mobility and safety in the South Beach Neighborhood. Overall mobility within the area is
anticipated to be enhanced as a result of the proposed improvement. Issues identified
as needing further study include:
Accessibilitv: transit facilities, intermodal connectivity, transportation disadvantaged
access, residential to non-residential connectivity, bicycle and pedestrian issues,
public parking, park and ride facilities, walkability, emergency response and
evacuation routes, and safety.
Traffic Studv: What is the current route that vehicles and bicycles take without the
proposed bridge? A safety study needs to be performed as part of the PD&E Study.
Are the intersections of Dade Boulevard and Bay Road a high crash location? The
traffic study should consider the traffic from the planned developments. The
intersection of the proposed bridge at both West Avenue at Dade Boulevard and
Commission Memorandum - RFQ-48-09/10 - PD&E Study for the West Avenue Bridge Project
November I 7, 2010
Page 25 of 29
West Avenue at 17th Street may have to be signalized. If it is signalized it will be in
very close proximity to the signalized intersections on Dade Boulevard at Bay Road
and Alton Road. On 17th Street it will be very closely spaced between the signalized
intersections with Dade Boulevard and Alton Road.
3.5 Aesthetics
The ETDM Screening has resulted in a Summary Degree of Effect of Moderate. Within
the 500-foot buffer, there are 15 Florida Site File Historic Standing Structures and 2
FDOT RCI Bridges which could potentially be affected by the project. Based upon the
surrounding land uses in the area, the proximity of bridges with similar characteristics
and the low-level bridge conceptual design (which includes pedestrian and bicycle
lanes), the project is not anticipated to affect the visual aesthetics of the neighborhood.
However, due to the presence of Historic Standing Structures and FDOT RCI Bridges
within the project area, impacts on community aesthetics as a result of this project are
anticipated to be moderate. Potential aesthetic effects will be assessed further by the
City of Miami Beach during Project Development as more detailed information becomes
available. Potential noise and vibration effects will be evaluated per Volume II, Chapter
17 of the PD&E Manual.
3.6 Relocation Potential
The ETDM Screening has resulted in a Summary Degree of Effect of Moderate. Due to
the presence of cultural resources within the immediate project area and the identified
potential effects to parcels within the vicinity of the project, potential relocation effects (at
this time) are anticipated to be moderate. These effects will be assessed further during
development of the final intersection design.
Cultural Resources
3.7 Archaeological and Historic Resources
The CONSULTANT shall implement a Cultural Resources study to completely analyze the
impacts to all cultural resources by all proposed alternatives, including all viable ponds. All work
shall be conducted by a professional qualified under the provisions of 36 CFR 61, and be done
in compliance with the National Historic Preservation Act of 1966 (Public Law 89-665, as
amended) and the implementing regulations (36 CFR 800) as well as with the provisions
contained in Chapter 267, Florida Statutes.
This task includes identifying and analyzing impacts to archaeological sites and historic
resources within the project Area of Potential Effects (APE), including documentation and
coordination with appropriate agencies as per Part 2, Chapter 12 of the PD&E Manual, and the
Department's Cultural Resource Management Handbook. In addition, attendance at public
meetings may be required. The CONSULTANT will also review and address any resources
listed in the Environmental Screening Tool (EST) by the State Historic Preservation Office
(SHPO) Environmental Technical Advisory Team (ETAT) member. (work estimate should be
based on number of identified sites.)
a. Research Design Methodology: The CONSULTANT will prepare a Research Design and
Survey Methodology for the project, to be submitted to the CITY for approval prior to the
initiation of field work. The CONSULTANT shall identify and map out the zones of
Commission Memorandum - RFQ-48-09/10 - PD&E Study for the West Avenue Bridge Project
November I 7, 201 0
Page 26 of 29
probability for the project study area, and identify any previously recorded resources.
The Area of Potential Effect (APE) will be determined (including pond sites).
b. Cultural Resources Assessment Survey (CRAS)
Field Work: The CONSULTANT shall identify any archaeological sites within the project
area, both previously recorded and potentially eligible, and excavate the appropriate
number of test pits. The CONSULTANT shall identify any existing historic resources
within the project area, both previously recorded and potentially eligible. The
CONSULTANT will also locate, identify and bound any additional cultural resources
included on the Florida Master Site File (FMSF) and all structures 45 to 50 years older
(depending upon the length of time anticipated before construction). Enough data will be
collected to document each site's significance in terms of eligibility for listing on the
National Register of Historic Places (NRHP).
Documentation: The CRAS will be prepared with appropriate documentation detailing
the results of the survey and the final assessments of resource significance, and
including a FMSF form for all identified resources. The Research Design Methodology
and the Pond Site Technical Memo will be included in the CRAS appendix.
c. Pond Site Technical Memorandum: The CONSULTANT will identify and clear pond sites
for the preferred project alternative. The results of this work are to be documented in a
technical memorandum, which will be included as an appendix to the CRAS.
d. Determination of Eligibility (DOE): If required, the CONSULTANT will prepare a DOE for
each resource determined to be significant. The DOE package will include an NRHP
registration form, and the DOE'S will be included as a CRAS appendix.
e. Case Study Report: If required, a Section 106 Case Study Report, documenting the
application of the Criteria of Effect, will be prepared.
f. Memorandum of Agreement (MOA): The CONSULTANT will assist the DEPARTMENT
with the preparation of a Section 106 MOA, if required.
g. Section 4(9 Evaluation: The CONSULTANT will prepare and coordinate a Section 4(9
Evaluation, if required. (This document may be separate from the parks and recreation
4(f) document. See section 3.8) The District needs to determine need for separate
document
h. Section 106 Consultation Meetings: The CONSULTANT will assist the CITY with
coordination of a Section 106 Consultation meeting, if required.
i. Native American Coordination: If required, the CONSULTANT will assist the CITY with
coordination with any Native American tribes that have or wish to have involvement or
input on the project or any site of relevance to them.
j. Section 106 Public Involvement: If required, the CONSULTANT will assist the CITY with
public involvement for Section 106.
3.8 Section 4(f)
In accordance with Part 2, Chapter 13 of the PD&E Manual.
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November 17, 2010
Page 27 of 29
Natural Resources
3.9 Wetlands and Essential Fish Habitat
In accordance with Part 2, Chapters 11 and 18 of the PD&E Manual. This includes a
Conceptual Mitigation Plan, if applicable.
3.10 Water Quality
In accordance with Part 2, Chapter 20 of the PD&E Manual.
3.11 Special Designations
In accordance with Part 2, Chapters 19, 21, 23, and 26 of the PD&E Manual,
respectively
Outstanding Florida Waters
Wild And Scenic Rivers
Aquatic Preserves
Coastal Barrier Resources
3.12 Wildlife and Habitat
In accordance with Part 2, Chapter 27 of the FDOT PD&E Manual.
3.13 Identify Permit Conditions
The CONSULTANT shall identify permit conditions, and type of permits required. This
task includes the review of maps and data in order to determine permit related
information for the project or add scope to identify what tasks should be done in
accordance with agreements with the permitting agencies.
For projects where permits are required as part of the PD&E Study, see Section 4.3.
3.14 Farmlands
In accordance with Part 2, Chapter 28 of the PD&E Manual.
Physical
3.15 Noise
In accordance with Part 2, Chapter 17 of the PD&E Manual.
3.16 Air Quality
In accordance with Part 2, Chapter 16 of the PD&E Manual.
Commission Memorandum - RFQ-48-09/70 - PD&E Study for the West Avenue Bridge Project
November 17, 20f0
Page 28 of 29
3.1 7 Construction Impact Analysis
In accordance with Part 2, Chapter 30 of the PD&E Manual.
3.1 8 Contamination
The CONSULTANT shall perform the necessary analysis to complete the Contamination
Screening Evaluation for all viable alternatives, and complete the Contamination
Screening Evaluation Report as described in Part 2, Chapter 22, of the PD&E Manual.
Environmental Reports
The Environmental Documents prepared by the CONSULTANT will comply with the procedures
listed in the PD&E Manual, Part I, and will also follow the format and include content described
in Part 2 of the PD&E Manual. The task of documentation includes the preparation of draft and
interim reports prepared by the CONSULTANT for review and comment upon by the ClTY prior
to producing final reports and documents.
3.19 Class of Action Determination
A Type 2 Categorical Exclusion is the expected level of environmental documentation
required for this project. The CONSULTANT will complete the Environmental
Determination Form to document the Categorical Exclusion as described in Part 1,
Chapter 5, of the PD&E Manual. The CONSULTANT will also provide all the
documentation required by the PD&E Manual.
3.20 Quality Control
The CONSULTANT shall be responsible for insuring all work products conform to the CITY'S
standards.
4.0 MISCELLANEOUS SERVICES
4.1 Contract and Project Files
Project Management efforts for complete setup and maintenance, developing monthly
progress reports, schedule updates, work effort to develop and execute sub-consultant
agreements etc. Progress reports shall be delivered to the CITY in a format as prescribed
by the ClTY and no less than 10 days prior to submission of the corresponding invoice. The
Project Manager will make judgment on whether work of sufficient quality and quantity has
been accomplished by comparing the reported percent complete against actual work
accomplished.
Within ten (I 0) days after the Notice to Proceed, the CONSULTANT shall provide a
schedule of calendar deadlines accompanied by an anticipated payout curve. Said
schedule and anticipated payout curve shall be prepared in a format prescribed by the CITY.
4.2 Project Management Meetings and Coordination
The CONSULTANT shall meet with the ClTY as needed throughout the life of the project. It
is anticipated five (5) meetings will be needed. These meetings will include progress and
miscellaneous review and other coordination activities with the CITY.
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November 17, 2010
Page 29 of 29
4.3 Additional Services
Preparation of scope and staff hours for the additional services will involve reference to
the Standard Scope of Services, Staff Hour Estimation Forms, and Staff Hour Estimation
Basis for Highway and BridgeiStructures Design.
Permitting is included during the PD&E Study on all or portions of the project.
Permitting services may include consideration of the following sections of the Standard
Design Scope of Services:
4. Roadway Analysis
5. Roadway Plans
6. Drainage Analysis
8. Environmental Permits
27. Survey
28. Photogrammetry
29. Mapping
30. Geotechnical
5.0 METHOD OF COMPENSATION
Payment for the work accomplished will be in accordance with Exhibit B of this contract.
Invoices shall be submitted to the CITY. The Project Manager and the CONSULTANT shall
monitor the cumulative invoiced billings to insure the reasonableness of the billings compared to
the project schedule and the work accomplished and accepted by the CITY. Payments will not
be made that exceed the percentage of work identified in the approved payout curve and
schedule provided in accordance with Section 4.1.
6.0 SERVICES TO BE PERFORMED BY THE ClTY
The ClTY will provide those services and materials as set forth below:
Project data currently on file.
All available information in the possession of the ClTY pertaining to utility
companies whose facilities may be affected by the proposed construction.
All future information that is in possession or may come to the ClTY pertaining to
subdivision plans, so that the CONSULTANT may take advantage of additional
areas that can be utilized as part of the existing right-of-way.
Process Advance Notification and all environmental and engineering documents
including the Permit Coordination Package.
Coordinate with the State Historic Preservation Officer.
Existing ClTY right-of-way maps.
A Legal Description of the project area and a "Sketch to Accompany a Legal
Description".
The ClTY will provide available Miami Beach Police Department crash data.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ClTY MANAGER,
PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 48-09/10, FOR THE
PROJECT DEVELOPMENT AND ENVIROMENT STUDY FOR THE WEST AVENUE
BRIDGE PROJECT; AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WlTH THE TOP-RANKED FIRM, GANNETT FLEMING, INC.; AND
SHOULD THE ADMINISTRATION NOT BE ABLE TO SUCCESSFULLY NEGOTIATE AN
AGREEMENT WlTH THE TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION
TO NEGOTIATE WlTH THE SECOND-RANKED FIRM, T.Y. LIN INTERNATIONAL; AND
SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT
WlTH THE SECOND-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO
NEGOTIATE AN AGREEMENT WlTH THE THIRD-RANKED FIRM, THE CORRADINO
GROUP, INC.
WHEREAS, on July 14, 2010, the Mayor and City Commission approved the
issuance of Request for Qualifications (RFQ) No. 48-09/10, for the project development and
environment study for the West Avenue Bridge Project (the "RFQ"); and
WHEREAS, the West Avenue Bridge Project (Project) proposes to construct a new
bridge over the Collins Canal at West Avenue. The cross section of the bridge consists of
two travel lanes, bi-directional bike lanes, and a sidewalk on each side of the road; and
WHEREAS, the RFQ was issued on August 17, 2010, with an opening date of
September 17,201 0; and
WHEREAS, a pre-qualification meeting to provide information to prospective
proposers was held on August 30,2010; and
WHEREAS, Bidsync sent notices to 4,258 prospective proposers resulting in the
receipt of four (4) proposals by BCC. Engineering, Inc., Corradino Group, Inc., Gannett
Fleming, Inc., and T.Y. Lin International; and
WHEREAS, the City Manager, via a Letter to Commission (LTC) No. 259-2010,
appointed the following individuals as committee members:
Christine Bettin, Transportation Coordinator, Public Works - Transportation
Dat Huynh, P.E., District Project Development Engineer, FDOT
Walter Miros, Miami Beach Resident, Leadership Academy Graduate
Marcos Redondo, Project Manager, Miami-Dade County Public Works
Betsy Wheaton, Environmental Specialist, Public Works - Storm Water
WHEREAS, the Evaluation Committee (the "Committee1') convened on October 15,
2010, to evaluate, score, and rank the proposals based on the evaluation criteria stated in
the RFQ; and
WHEREAS, the Committee invited each firm for presentations and interviews, and
based on the scores and rankings of the Committee members, Gannett Fleming, Inc. was
selected as the top-ranked firm, T.Y. Lin International was selected as the second-ranked
firm, and the Corradino Group, Inc. as the third-ranked firm; and
WHEREAS, after considering the review and recommendation of the Evaluation
Committee, the City Manager exercised his due diligence and carefully considered the
specifics of this RFQ process. As a result, the City Manager recommends to the Mayor and
City Commission that the City enter into negotiations with the top-ranked firm of Gannett
Fleming, Inc. and to negotiate with the second-ranked firm of T.Y. Lin International should
negotiations with the top-ranked firm be unsuccessful, and to negotiate with the third-ranked
firm of the Corradino Group, Inc. should negotiations with the first or second-ranked firms be
unsuccessful.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager, pursuant to Request
for Qualifications (RFQ) No. 48-09/10, for the project development and environment study
for the West Avenue Bridge Project; authorizing the administration to enter into negotiations
with the top-ranked firm of Gannett Fleming, Inc., and shout the administration not be able to
negotiate with the top-ranked firm, authorizing the administration to negotiate with the
second-ranked firm of T.Y. Lin International; and should the administration not be able to
negotiate an agreement with the second-ranked firm, authorizing the administration to
negotiate an agreement with the third-ranked firm of the Corradino Group, Inc.
PASSED AND ADOPTED THIS DAY OF 201 0.
ATTEST:
ClTY CLERK MAYOR
APPROVED AS TO
FORM & LANGUAGE
(k FOR EppJTION
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, granting and
authorizing the Mayor and City Clerk to execute a perpetual utility easement to Florida Power and Light
(FPL) to provide electrical service for a feeder vault on the site of the new Miami Beach Soundscape
(Lincoln Park).
Key Intended Outcome Supported:
Ensure well-maintained infrastructure
Supporting Data (Surveys, Environmental Scan, etc.): NIA
Issue:
( Shall the Mayor and the City Commission approve the Resolution? I
Item Summary/Recommendation:
On May 14, 2008, the City Commission approved Resolution No. 2008-26814; authorizing a perpetual
utility easement to Florida Power and Light (FPL) to provide electrical service for the construction of a
feeder vault on the site of the New World Symphony Project (NWS). Recently, the New World Symphony
requested that an additional easement be executed to provide electrical service to the new Miami Beach
SoundScape (Lincoln Park).
The new perpetual easement contains a relocated 13,000 volt line and two (2) new electrical manholes to
serve the new Miami Beach SoundScape (Lincoln Park). The square footage of this new easement is
approximately 6,862 square feet (0.157 acres).The new easement will include an interior vault and sub-
surface conduits for maintenance purposes. See Attachment A.
In order for FPL to schedule and place its electrical service, the City is required to execute a perpetual
easement, which grants FPL access to service its equipment. I
THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION. I
Advisory Board Recommendation: I N/A
3 1
OBPl Total I
Financial Impact Summary:
Financial Information:
City Clerk's Office Legislative Tracking: 1 Fernando Vazquez, Public Works 6399
Source of
Funds:
I
Account
1 - r)
Amount
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: November 17, 2010
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, GRANTING AND AUTHORIZING THE MAYOR AND
ClTY CLERK TO EXECUTE A PERPETUAL UTILITY EASEMENT TO FLORIDA
POWER AND LIGHT (FPL) TO PROVIDE ELECTRICAL SERVICE FOR A
FEEDER VAULT ON THE SITE OF THE NEW MIAMI BEACH SOUNDSCAPE
(LINCOLN PARK).
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
FUNDING
No funding is required.
ANALYSIS
On May 14, 2008, the City Commission approved Resolution No. 2008-26814; authorizing a
perpetual utility easement to Florida Power and Light (FPL) to provide electrical service for the
construction of a feeder vault on the site of the New World Symphony Project (NWS). Recently, the
New World Symphony requested that an additional easement be executed to provide electrical
service to the new Miami Beach SoundScape (Lincoln Park).
The new perpetual easement contains a relocated 13,000 volt line and two (2) new electrical
manholes to serve the new Miami Beach SoundScape (Lincoln Park). The square footage of this
new easement is approximately 6,862 square feet (0.1 57 acres).The new easement will include an
interior vault and sub-surface conduits for maintenance purposes. See Attachment A.
In order for FPL to schedule and place its electrical service, the City is required to execute a
perpetual easement, which grants FPL access to service its equipment.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach,
Florida, approve and authorize the Mayor and City Clerk to execute a perpetual utility easement in
favor of FPL in order to allow the new Miami Beach SoundScape (Lincoln Park) to proceed to
completion.
Attachment:
, legal description and easement szw JMGIJGGIFH
T:\AGENDA\2010\November InConsent\NWS FPL easement MEMO.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl
BEACH, FLORIDA, GRANTING AND AUTHORIZING THE MAYOR AND ClTY CLERK TO
EXECUTE A PERPETUAL UTILITY EASEMENT TO FLORIDA POWER AND LIGHT (FPL)
TO PROVIDE ELECTRICAL SERVICE FOR A FEEDER VAULT ON THE SITE OF THE NEW
MlAMl BEACH SOUNDSCAPE (LINCOLN PARK).
WHEREAS, on May 14, 2008, the City Commission approved Resolution No. 2008-26814,
authorizing a perpetual utility easement to Florida Power and Light (FPL) to provide electrical
service for the construction of a feeder vault on the site of the New World Symphony Project
(NWS); and
WHEREAS, recently, the New World Symphony requested that an additional easement be
executed to provide electrical service to the new City park being built in conjunction with the
NWS project; and
WHEREAS, the new perpetual easement contains a relocated 13,000 volt line and two (2) new
electrical manholes to serve the Pennsylvania Avenue Parking Garage and NWS building; and
WHEREAS, the square footage of this new easement is approximately 6,862 square feet (0.157
acres); new easement will also include an interior vault and sub-surface conduits for
maintenance purposes; and
WHEREAS, in order for FPL to schedule and place its electrical service, the City is required to
execute a perpetual easement, which grants FPL access to service its equipment.
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 grant
and authorize the Mayor and City Clerk to execute the attached perpetual utility easement to
Florida Power and Light (FPL) to provide electrical service for the replacement feeder vault on
the site of the new Miami Beach Soundscape (Lincoln Park).
PASSED and ADOPTED this day of ,2010
ATTEST:
Robert E. Parcher, ClTY CLERK Matti Herrera Bower, MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FO@@XECUTlON
Attachment A
198
NER & ASSOCIATES, IN(=.
SURVEYORS - MAPPERS
4341 S.W. 62nd Avenue Tel. (954) 585-0997
TOWNSHIP 53 SOUTH, RANGE 42 EAST
CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA
LEGAL DESCRIPTION:
A FLORIDA POWER AND UOHT EASEMENT BUNG OF PORTION OF THE NORSH ONE-HALF (N 71/21 OF SECTON 34, TOWSHIP 53 SWW,
RANGE 42 EAST, IN MIAMI-DADE COUNTY, FLORIDA. SAID EASEMENT BEING MORE PARflCUMLY DESCRIBIl) AS FOLLOWS:
COMMENCE AT ME: NORWEAST CORNER OF LOT 7, BLOCK 3, UNCOLN ROAD SUBDlMSlON "A: ACCORDING TO 7HE PLAT MEREQ:
RECORDED IN PLAT BOOK 34, PAOE 66 OF WE PUBUC RECORDS OF MIAMI-DADE COUNT/, FLORIDA;
THENCE s.~g.47~21*~., ALONG THE NORW LINE OF SAID BLOCK 3 AND 17s WSERLY EXTENSION (SAID UNE ALSO BEING THE SOUTH
RIGHT-W-WAY UNE ChC UNCDLN LANE), A DISTANCE OF 374.46 FEET;
WENCE N.0072'39"W.. A DISTANCE OF 51.64 FEER
THENCE N.4574'552, A DISTANCE OF 22.07 FEE2
THENCE N.0421837"W., A DISTANCE OF 7.65 FEET TO THE POINT OF BEGINNING;
THENCE S.83'05'232, A DlSANCE OF 23.06 M;
MENCE S.8476'27%, A DISTANCE OF 34.06 FEET;
MENCE S.84'58'4ONE., A DISTANCE OF 38.63 FEET;
THENCE S.89'07'39"E,, A DISTANCE OF 31.34 FEE?
THENCE N.88'55'42%, A DISTANCE OF 49.22 FEER
THENCE N.8732'11%, A DISTANCE OF 4296 FEET;
WENCE N.7521'23"E. A DlSTANCE OF 9.26 FEET;
WENCE SW32'23"E., A DISTANCE OF 35.11 FEET;
YHENCE N.03'01'52'W.. A DISTANCE OF 19.32 FEE
TWENCE N.f8Y3'2lRW., A DISTANCE W 13.47 FEET;
mmcE ~,~4rs*45-~,, A DSTANCE OF 14.71 FEEE
WENCE S.E78'0BaW.. A DISTANCE oF 30.1 1 FEET;
7HENGE S.64W142'W., A DISTANCE OF 19.94 m;
THENCE ~.89'42'45"W., A DISTANCE OF 6f77 FEET
YHENCE N8971'3Z'W., A DISTANCE OF 4279 FEET:
WENCE S.89'4?'16"W., A DlSTANCE W 37.91 FEET;
XiENCE S.8630'01'W.. A DISTANCE OF 24.41 FEET;
fnENCE S.80'54'4f"W.. A DISTANCE OF 32.04 FEET;
THENCE S0421'37-E,, A DISTANCE OF 10.96 FEET M ?HE POINT Of BEGIINNING.
SAID LANDS SIIUAE, LVNG AND BEING W'IFIIN THE CITY OF MIAMI-BEACH, MIAMI-DADE COLIN% R08IDA. CONTAINING 6,862 SQUARE
FEU (0.157 ACRES), MORE OR LESS.
1. THE PROPERTY SHOWN HEREON WAS NOT ABSTRACED FOR OWERSHIP, RIGHTS-OF-WAY, EASEMENTS OR OTHER MATTERS OF RECORD.
2 THIS SKETCH IS -NOT VALID" nmour THE SIGNANRE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
3. THE BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED BEARING OF S.89'47'21'K. ALONG THE NORTH LINE OF BLOCK 3. LINCOLN ROAD
SUBDlVlSlON "A", ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 34, PAGE 66 OF THE PUBLIC RECORDS OF DADE CWNTY, FLCLPIDA.
4. THlS SKETCH DOES NOT REPRESENT A RELD SURVEY. (THIS IS NOT A SURMY).
5. THIS SKETCH OF DESCRlPTlON WAS PREPARED BY THIS FIRM WITHOUT THE BENCflf OF A TITLE SEARCH. THE LEGAL DESCRIPnON SHOWN HEREON WAS
AUTHORED BY STONER & ASSOCIATES. INC.
6. THIS SKETCH AND DESCRIPTION IS BASED UPON AS-BUILT INFORMAnON OF THE FPL LINES AS PROMDED BY DON J. SULLIVAN & ASSOCIATES JOB
NUMBER 07-247, PERFORMED FOR MEGA-TREND UTILITY CONTRACTORS AND ALSO BY INFORMADON PROHDED IN CAD0 FILE BY HGCE, STRUCTURXLS
ENGINEERS AND ALSO BASED UPON AS-BUILT INFORMAnON OF FPL LLlNES PER STONER k ASSOC. ON 11/04/09
WorkReauestNo. 2009-27271 EASEMENT -
This Instrument Prepared By N 1 / 2 .Sets Twp =St Rge e2E Name: -
Parcel I.D.- co.r\rarne:Stoner &
(Maintained by County Appra~ser) Address: 4x1. S . W . 62 avenue
Davle, FL 33314
Form 3722 (Stocked) Rev. 7\94 -
PQ 1 of 1.
The undersigned, in consideration of the payment of f 1.00 and other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company, its
licensees, agents, successors, and assigns, an easement forever for fh~
construction, operation and maintenance of underground electric utility
facilities (including transformers, cables, conduits and appurtenant
equipment) to be installed from time to time; with the right to reconstrucl,
improve, add to, enlarge, change the voltage, as well as, the size of and
remove such facilities or any of them within an easement as described in the
following pages.
See Exhibit "A" for easement description
To ether with the right to permlt any other person, firm or corporation lo attach wires to any facilities hereunder and lay cable
an 3 conduit withln the easement and lo operate the same for commun~cat~ons purposes. the nght of ~ngress and e 7 ress to said
remises at all times; and further grants, to the fullest extent the undersigned has the power to grant, if al a I, the, rjghts
!ereinabove granted on the ,and heretofore described, over, along, under and across the roads, streets or hlghways adlolning
or through said property.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on ,20-.
Signed, sealed and delivered in the presence of. City of Miami Beach
(Gorporale's name)
By:
(Wilness' Signature) (-
Print Name: pnnt Name: Matti Hexera Rower +Jlayor i
(wrcness)
Print Address: 1100 Dr 1 ve I
a&. FT, 111 39
(Wrlness' s~gnature)
Print Name:
(Witness)
Attest:
(Seorelar)/s signature)
Print Name: mt Parrher, Pi tly Clerk
Print Address: 1 7 0 0 COnve- Drive
Miami Beach, FL 337 39
(Corporate Seal)
STATE OFFlorida, AND COUNTY OF j nn,& The foregoing instrument was acknowledged before me this
- day of ,20-, by MaU H~rrera RCIWP~ , and _gDher.i-. Pa rrrh~r
, 6 respectively the President and yC4 e$R I I Read , a
corporation, on behalf of said corporation, who are personally known to me or have produced as
identification, and who drd (did not) take an oath. (Type or Identifimtion)
My Commission Expires:
Notary Public, Signalure
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution authorizing the City Manager or his designee to submit a grant application to US HUD for NSP3 entitlement funds in an
amount not to exceed $1,475,088 for the acquisition and rehabilitation of eligible properties for affordable housing for income-eligible
residents; authorizing the appropriation of the NSP3 funds, the incurring of reimbursable pre-award costs, and authorizing the
execution of all necessary documents related to this application.
Key Intended Outcome Supported:
I Increase access to workforce or affordable housing. I
Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2009 Customer Satisfaction Survey, 38% of residents
rated availability of workforce housing as acceptablelthe right amount.
ssue:
Shall the City submit its grant application for NSP3 entitlement funds, appropriate the use of the funds, and incur allowable pre-award
costs pursuant to HUD rules?
tern Summary1Recommendation:
On October 20, 2010, the Citv received the U.S. Department of Housina & Urban Development Notice of Formula Allocations and 1
Program Requirements for ~ei~hborhood stabilization Program ~ormuia Grants (the HUD Notice), which outlines the allocation
amounts, methods, and program requirements for the third round of Neighborhood Stabilization Program funding (NSP3). Under
NSP3, the City will be granted $1,475,088 on a formula basis. HUD has instructed entitlement communities receiving NSP3 funds to
immediately begin to prepare and submit their "action plan substantial amendments" (Plan) for their grant applications due to HUD by
March 1, 201 1. The City's Plan should outline how we will carry out the NSP3 activities in the context of a comprehensive plan for the
community's vision of how it can make its neighborhoods not only more stable, but also more sustainable, inclusive, competitive, and
integrated into the overall metropolitan fabric, including access to transit, affordable housing, employers, and services. HUD
encourages each local jurisdiction receiving an allocation to carefully consider its administrative capacity to use the funds within the
statutory deadline. The HUD Notice grants permission to jurisdictions receiving a direct allocation of NSP3 funds to incur pre-award
costs as if they were preparing to receive their first allocation. Therefore, NSP3 grantees will be allowed to incur costs necessary to
develop the NSP3 substantial action plan amendment and undertake other administrative actions necessary to receive its grant, prior
to the costs being included in the final plan. HUD has determined that an amount of up to ten (10) percent of the NSP3 grant may be
used for general administrative and planning activities.
NSP3-eligible strategies for the use of funds are:
(A) Establish financing mechanisms for purchase and redevelopment of foreclosed upon homes and residential
properties, including such mechanisms as soft-seconds, loan loss reserves, and shared-equity loans for low- and
moderate-income homebuyers.
(8) Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in
order to sell, rent, or re-develop such homes and properties.
(C) Establish and operate land banks for homes and residential properties that have been foreclosed upon.
(D) Demolish blighted structures
(E) Redevelop demolished or vacant properties as housing.
The Administration will be developing the City's recommended strategy for use of the funds in order to submit a timely
amendment.
The Administration requests authorization to submit a grant application to HUD for NSP3 funds in an amount not to exceed $1,475,088,
for the acquisition and rehabilitation of eligible properties for affordable housing for income eligible residents, and further authorize the
appropriation of the funds, allow the incurring of reimbursable pre-award costs, and authorize the execution of all necessary
Financial Information:
I ' NSP 2
OBPl Total
Source of Funds:
I Financial Impact Summary: I
City Clerk's Office Legislative Tracking:
I Anna Parekh x7260
Sign-Offs: -
Amount
I I
Account Approved
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: f the City Commission
FROM:
DATE: November 17,201 0
SUBJECT: A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) FOR NEIGHBORHOOD
STABILIZATION PROGRAM ROUND THREE (NSP3) FUNDS IN AN AMOUNT NOT
TO EXCEED $1,475,088 FOR THE ACQUISITION AND REHABILITATION OF
ELIGIBLE PROPERTIES FOR AFFORDABLE HOUSING FOR INCOME-ELIGIBLE
RESIDENTS; FURTHER AUTHORIZING THE APPROPRIATION OF THE ABOVE
FUNDS, THE INCURRING OF REIMBURSABLE PRE-AWARD COSTS; AND
AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED
TO THIS APPLICATION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The Housing and Economic Recovery Act of 2008 provided for the development of certain
programs to help stabilize neighborhoods and communities impacted by the high rate of
foreclosures. With a goal of reducing blight created from abandoned properties, the first round
of the Neighborhood Stabilization Program (NSP) allocated funds through a formula basis to
help communities address this issue. Each community developed a strategy to use the funds
within specifically delineated program areas. The City chose to allocate its formula funds
(provided to the City via the State) for the purchase of foreclosed multi-family housing. This
approach was practical since the majority of our housing units are multi-family, but also allowed
for us to expend the funds much quicker than other communities whose strategy involved
multiple individual single family properties - resulting in a lengthy process to expend funds.
These NSPl funds had a very aggressive expenditure timeline and, as a result of the City's
success in expending these funds quickly, you may recall that the State made additional
allocations to the City from the NSPl funds they recaptured from other cities.
A total of $9.2 million was allocated to the City under NSPI, allowing for the purchase of three
foreclosed buildings. All told, the three buildings will provide 60 units of affordable housing,
including nine large units for families.
City Commission Memorandum
NSP3
November 17, 2010
Page 2
ANALYSIS
On October 20, 2010, the City of Miami Beach received the U.S. Department of Housing &
Urban Development Notice of Formula Allocations and Program Requirements for
Neighborhood Stabilization Program Formula Grants, originally established under the Housing
and Economic Recovery Act of 2008 (the HUD Notice). The HUD Notice outlines the allocation
amounts, methods, and program requirements for the third round of Neighborhood Stabilization
Program funding (NSP3). Under NSP3, which is funded under the Dodd-Frank Wall Street
Reform and Consumer Protection Act, the City of Miami Beach will be granted $1,475,088 on a
formula basis. Recipients of NSP3 funds are required to meet HUD-outlined goals and
objectives by providing decent housing, a suitable living environment, and economic
opportunity, principally for persons of low- and moderate-income.
HUD has instructed entitlement communities receiving NSP3 funds to immediately begin to
prepare and submit their action plan substantial amendments (Plan) in accordance with the
HUD Notice by March 1, 201 1. The City's Plan should outline how we will carry out the NSP3
activities in the context of a comprehensive plan for the community's vision of how it can make
its neighborhoods not only more stable, but also more sustainable, inclusive, competitive, and
integrated into the overall metropolitan fabric, including access to transit, affordable housing,
employers, and services. HUD encourages each local jurisdiction receiving an allocation to
carefully consider its administrative capacity to use the funds within the statutory deadline. The
HUD Notice grants permission to jurisdictions receiving a direct allocation of NSP3 funds to
incur pre-award costs as if they were preparing to receive their first allocation. Therefore, NSP3
grantees will be allowed to incur costs necessary to develop the NSP3 substantial action plan
amendment and undertake other administrative actions necessary to receive its grant, prior to
the costs being included in the final plan. HUD has determined that an amount of up to ten (10)
percent of the NSP3 grant may be used for general administrative and planning activities; any
pre-grant administrative expenses would be funded from this percentage.
NSP3-eligible strategies for the use of funds are:
(A) Establish financing mechanisms for purchase and redevelopment of
foreclosed upon homes and residential properties, including such mechanisms
as soft-seconds, loan loss reserves, and shared-equity loans for low- and
moderate-income homebuyers.
(B) Purchase and rehabilitate homes and residential properties that have been
abandoned or foreclosed upon, in order to sell, rent, or re-develop such homes
and properties.
(C) Establish and operate land banks for homes and residential properties that
have been foreclosed upon.
(D) Demolish blighted structures
(E) Redevelop demolished or vacant properties as housing.
With regular entitlement funds, a Citizen Participation Plan must be submitted before the
entitlement community submits its annual Action Plan to HUD. To expedite the process and to
City Commission Memorandum
NSP3
November 17, 2010
Page 3
ensure that the NSP3 grants are awarded in a timely manner, while preserving reasonable
citizen participation, HUD is waiving the requirement that NSP3 grantees follow its citizen
participation plan for this substantial amendment. HUD is shortening the minimum time for
citizen comments and requiring the substantial amendment or abbreviated plan to be posted on
the grantee's official Web site as the materials are developed, published, and submitted to HUD.
Proposed action plan amendments or abbreviated plans must be published via usual methods
and on the Internet for no less than 15 calendar days of public comment.
Under NSP3, and unlike under NSPI, grantees must use the HUD Foreclosure Need Web site
to submit to HUD the locations of its NSP3 areas of greatest need. On this site, HUD provides
estimates of foreclosure need and a foreclosure-related needs score at the Census Tract level.
The NSP3 expenditure timelines are tighter than under NSPI. HUD is requiring that 50 percent
of the allocation be expended within two years of receipt of the funds and 100 percent of the
allocation within three years of receipt of the funds or HUD will recapture and reallocate the
amount of funds not expended or provide for other corrective action@) or sanction. A grantee
will be deemed by HUD to have received its grant at the time HUD signs its grant agreement. At
this time, the City Administration has not developed a recommendation on the strategy for use
of these funds, pending further review of eligibility criteria. As the City's proposed action plan for
use of NSP3 funds is developed, the Administration will bring the recommendation to the City
Commission for discussion, review and approval.
A copy of the 27-page notice from HUD for the NSP3 program is available, should you like a
COPY.
CONCLUSION
The Administration requests authorization to submit a grant application to HUD for NSP3 funds
in an amount not to exceed $1,475,088 for the acquisition and rehabilitation of eligible
properties for affordable housing for income-eligible residents, and further authorize the
appropriation of the funds, allow the incurring of reimbursable pre-award costs, and authorize
the execution of all necessary documents related to this application.
RESOLUTIONS TO BE SUBMITTED
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 Agreement 1
between the City and Mystery Park Arts Company d/b/a So Be Music Company, Inc., dated January 13,2010, for use
of the two City-owned buildings, commonly known as the Carl Fisher Club House and Little Stage Theater, located at
2100 Washington Avenue, Miami Beach, Florida, said Amendment providing for a reduction of the Tenant's monthly
rent for a period of five (5) months, commencing on December 1, 2010 and ending on April 30, 201 1.
Key Intended Outcome Supported:
Increase community rating of cultural activities and ensure well maintained facilities.
I Supporting Data (Surveys, Environmental Scan, etc.):
Approximately 73% of residents surveyed in the 2009 survey, rank the availability of Miami Beach's cultural and
recreational programs as excellent and good.
Issue: I Shall the City Commission approve Amendment No. 1 to the Lease Agreement? 1
Item SummarylRecommendation:
On January 13,2010, the City Commission approved a Lease Agreement with SoBe Arts for above-referenced City-
owned facilities, providing for a five-year lease term with two renewal options 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. Prior to entering into the current
Lease, SoBe Arts occupied the premises under a previous lease which expired on August 31,2009, but was extended
on a month-to-month basis, pending negotiation of the current Lease. Under the previous lease, the Tenant was only
paying rent for use of the Carl Fisher Club House, at a rate of $500 per month. On May 3lSt, 2009, the City
Commission approved a letter agreement with SoBe Arts allowing it to utilize the Little Stage Theater to further its
educational and programming needs, for an additional $372 per month in rent to offset its proportionate share of
operating expenses. Leading up to the approval of the letter agreement, SoBe Arts assisted the City in identifying
certain repairs and improvements that were necessary in order to make the space usable. Since the repairs extended
well into its initial lease of the space, SoBe Arts couldn't use the space for approximately five months, but continued
to remit rent during this period.
SoBe Arts has requested a credit of rent paid during the renovation of the facility. On November 3,2010, the Finance
and Citywide Projects Committee recommended a five (5) month reduction of the Additional Rent due in connection
with the Little Stage Theater, whereby SoBe Arts shall be allowed to reduce it's monthly payment of Additional Rent
by $372 per month, for the months of December 1,2010 through April 30,201 1.
Advisory Board Recommendation: I Finance & Citywide Projects Committee: November 3, 2010
I 1 1 nla
Financial Impact Summary:
Financial Information:
City Clerk's Office Legislative Tracking: I Anna Parekh, extension 7193
I Source of Funds: nla
T:WGENDA\201O\November 17\Consent\SoBe Arts Amendment 1 .SUM.doc
I Amount 1 Account
AGENDA ITEM C 7 M
DATE 11-17-18
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 Manager et Jfis @
DATE: November 17, 201 0
SUBJECT: A RESOLUTION OF THE MAYOR AND CIN COMMISSION OF THE ClTY OF MIAMI
BEACH, FLORIDA, APPROVING ANDAUTHORIZING THE MAYOR AND ClN CLERK
TO EXECUTE AN AMENDMENT NO. 1 TO THAT CERTAIN LEASE AGREEMENT BY
AND BETWEEN THE ClTY AND MYSTERY PARK ARTS COMPANY, INC., DATED
JANUARY 13, 2010, FOR THE USE OF THE TWO CITY-OWNED BUILDINGS,
COMMONLY KNOWN AS THE CARL FISHER CLUBHOUSE AND LITTLE STAGE
THEATER, LOCATED AT 2100 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA;
SAID AMENDMENT PROVIDING FOR A REDUCTION IN TENANT'S PAYMENT OF
MONTHLY ADDITIONAL RENT, FOR A PERIOD OF FIVE (5) MONTHS, COMMENCING
ON DECEMBER 1,2010, AND ENDING ON APRIL 30,201 1.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
Increase resident satisfaction with the level of services and facilities.
BACKGROUND
On January 13,201 0, the City Commission approved a Lease Agreement with Mystery Parks Arts
Company d/b/a SoBe Music Institute (SoBe Arts) for use of an approximately 3,080 square foot
facility known as the Carl Fisher Clubhouse, located within the 21" Street Community Center
Complex, 21 00 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 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 $1 0,464 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.
ANALYSIS
Prior to entering into the current Lease, SoBe Arts occupied the premises under a previous lease
which expired on August 31, 2009, but was extended on a month-to-month basis, pending
negotiation of the current Lease. Under the previous lease, SoBe Arts was only paying rent for use
of the Carl Fisher Club House, at a rate of $500 per month. On May 31St, 2009, the City
Commission approved a letter agreement with SoBe Arts allowing it to utilize the Little Stage Theater
to further its educational and programming needs, for an additional $372 per month in rent to offset
its proportionate share of operating expenses. It should be noted that leading up to the approval of
Commission Memorandum
Mystery Park Arts Lease
November 17,2010
Page 2 of 2
the letter agreement, SoBe Arts assisted the City in identifying certain repairs and improvements
that were necessary in order to make the space usable. Since the repairs extended well into its
initial lease of the space, SoBe Arts couldn't use the space for approximately five months, but
continued to remit rent during this period.
SoBe Arts has requested a credit of rent paid during the renovation of the Little Stage Theater
facility, which resulted in its inability to operate in the leased space during that time and generate
necessary revenue to cover their expenses. A rent reduction or credit would require an amendment
to the Lease Agreement.
CONCLUSION
At its November 3,2010 meeting, the Finance and Citywide Projects Committee considered SoBe
Arts' request and is recommending a five (5) month reduction of the Additional Rent due in
connection with the Little Stage Theater, whereby SoBe Arts shall be allowed to reduce its' monthly
payment of Additional Rent by $372 per month, for the months of December I, 201 0 through April
30,201 1. Upon expiration of the five-month rent reduction period, and commencing on May 1,201 1,
SoBe Arts shall resume its full payment of Additional Rent at $872 per month as delineated in the
Lease Agreement.
RESOLUTION NO.
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 AN AMENDMENT NO. I TO THAT CERTAIN
LEASE AGREEMENT BY AND BETWEEN THE ClTY AND MYSTERY PARK
ARTS COMPANY, INC., DATED JANUARY 13,2010, FOR THE USE OF THE
TWO CITY-OWNED BUILDINGS, COMMONLY KNOWN AS THE CARL
FISHER CLUBHOUSE AND LITTLE STAGE THEATER, LOCATED AT 2100
WASHINGTON AVENUE, MlAMl BEACH, FLORIDA; SAID AMENDMENT
PROVIDING FOR A REDUCTION IN TENANT'S PAYMENT OF MONTHLY
ADDITIONAL RENT, FOR A PERIOD OF FIVE (5) MONTHS, COMMENCING
ON DECEMBER 1,2010, AND ENDING ON APRIL 30,201 1.
WHEREAS, on January 13, 2010, the Mayor and Commission adopted Resolution No.
2010-27305, approving a Lease Agreement with Mystery Parks Arts Company d/b/a SoBe
Music Institute (SoBe Arts) for use of an approximately 3,080 square foot facility known as the
Carl Fisher Clubhouse, located within the 21'' 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), for an initial term
commencing on January 13,201 0 and ending on January 12, 201 5; and
WHEREAS, pursuant to the Lease Agreement, Tenant is required to pay the sum of
$872 in Additional Rent; and
WHEREAS, SoBe Arts has requested a credit for the amount of rent paid, to
compensate it for alleged disruption during the renovation of the Little Stage Theater facility that
occurred between May and September, 2009, and which it alleges resulted in its inability to
operate the facility and generate sufficient revenue to cover expenses; and
WHEREAS, on November 3, 2010, the Finance and Citywide Projects Committee
recommended in favor of granting SoBe Arts a five (5) month reduction to its the monthly
additional payments, which reduction requires an amendment to the Lease Agreement.
NOW, THEREFORE, BE IT 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 Mayor and City Clerk to execute Amendment No. 1 to that certain
Lease Agreement by between the City and So Be Arts, dated January 13, 201 0, for the use of
the two City-owned buildings, commonly known as the Carl Fisher Club House and Little Stage
Theater, located at 2100 Washington Avenue, Miami Beach, Florida; said Amendment
providing for a reduction of Tenant's of monthly additional rent payment, for a period of five (5)
months, commencing on December 1,201 0, and ending on April 30,201 1.
PASSED AND ADOPTED this day of November, 2010.
ATTEST:
MAYOR
ClTY CLERK APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTiON
T:\AGENDA\2010\November InConsent\So Be Arts Amendment Reso,doc
Date
AMENDMENT NO. 1
TO THAT CERTAIN LEASE AGREEMENT BETWEEN
THE ClTY OF MIAMI BEACH, FLORIDA AND
MYSTERY PARK ARTS COMPANY, INC.
THIS AMENDMENT NO. I TO THE LEASE AGREEMENT made this 18'~ day of November,
2010, (the "Effectie 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 MYSTERY PARK ARTS COMPANY, INC., a
Florida not-for-profit corporation, having its principal address at 751 Euclid Avenue, Miami
Beach, Florida, 331 39 (hereinafter called "Tenant").
WITNESSETH
WHEREAS, on January 13, 2010, the Mayor and Commission adopted Resolution No.
2010-27305, approving a Lease Agreement with Mystery Parks Arts Company d/b/a SoBe
Music Institute (SoBe Arts) for use of an approximately 3,080 square foot facility known as the
Carl Fisher Clubhouse, located within the 21'' 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), for an initial term
commencing on January 13,2010 and ending on January 12,201 5; and
WHEREAS, pursuant to the Lease Agreement, Tenant is required to pay the sum of
$872 in Additional Rent; and
WHEREAS, SoBe Arts has requested a credit for the amount of rent paid, to
compensate it for alleged disruption during the renovation of the Little Stage Theater facility that
occurred between May and September, 2009, and which it alleges resulted in its inability to
operate the facility and generate sufficient revenue to cover expenses; and
WHEREAS, on November 3, 2010, the Finance and Citywide Projects Committee
recommended in favor of granting SoBe Arts a five (5) month reduction to its the monthly
additional payments, which reduction requires an amendment to the Lease Agreement.
NOW, THEREFORE, in consideration of the premises of 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 is and
inserted language is underlined);
3.1 Base Rent
Base Rent for the Demised Premises shall begin to accrue on the Commencement Date.
In consideration of Tenant's request for a credit for the amount of Rent paid during the
renovation of the Little Starre Theater facilitv, the Citv agrees to arant the Tenant a five (5)
month reduction in Tenant's pavment of monthlv Additional Rent. Accordinglv, for the ~eriod
commencing on December 1, 2010, through April 30, 2011, Tenant shall pav to the Citv the
reduced amount of $500 in monthly Additional Rent. Commencina on Mav 1, 201 1, Tenant
shall resume its full pavment of Additional Rent, in the amount of $872 per month.
2. Except as amended hereby, the Lease Agreement remains in full force and effect and is
reconfirmed for all purposes.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals
the day and year first written above.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
City Clerk Mayor
ATTEST: MYSTERY PARK ARTS COMPANY, INC.
Secretary President
Print Name Print Name
T:\AGENDAVOI O\November 17\Consent\SO BE Arts Amendrnent.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the
acceptance of $62,500 donation from the Miami Beach Arts Trust for a new cultural grants program.
Key Intended Outcome Supported: I Maximize Miami Beach as a destination brand. I
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Survey, on average,
residents attended cultural activities 10.61 times per month and family friendly activities 7.19 times per
month. Additionally, 24.2 % of residents said the City should strive not to reduce arts and culture.
Issue:
Shall the City accept the donation of $62,500 from the Miami Beach Arts Trust for the creation of a new
cultural grants program to be administered by the Cultural Arts Council?
Item SummarylRecommendation:
The first Miami Beach Arts Gala was held on October 23,2010 in the Miami Beach Convention Center. A
private event spearheaded by Commissioner Libbin, its stated purpose was to raise funds to be
administered by the Cultural Arts Council as an additional cultural grants program to be known as the
Miami Beach Arts Gala Grants. The Miami Beach Arts Trust, a private, not-for-profit Florida corporation,
served as fiscal agent for the Gala. The Gala raised $65,782. Pursuant to a discussion between the
Administration and the Chairperson of the 201 1 Arts Gala, Ray Breslin, $3,282 will be held in escrow as
seed funding for the 201 1 Gala. Therefore, $62,500 is being donated to the City for a new dedicated
cultural grants program.
The Miami Beach Arts Gala Grants will be administered by the Cultural Arts Council in a manner consistent
with the City's established policies and procedures.
It is recommended the Mayor and City Commission approve the resolution.
Advisory Board Recommendation: I The Cultural approved the acceptance of the donation at its meeting on November 4,2010. 1
I Financial Impact Summary: NIA I
Financial Information: -- --
City Clerk's Office Legislative Tracking: I Max Sklar, Ext 61 16
Sign-Offs:
Source of
Funds:
Amount
1
Account
2
OBPl Total
MIAMIBEACH
Cil-y of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of theJity Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: November 17,2010
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF SIXTY-TWO THOUSAND
FIVE HUNDRED DOLLARS ($62,500) DONATION FROM THE MIAMI BEACH ARTS
TRUST RESULTING FROM THE PROCEEDS OF THE FIRST ANNUAL MlAMl BEACH
ARTS GALA; AND FURTHER APPROPRIATING SAID FUNDS FORTHE CREATION OF
A NEW DEDICATED CULTURAL GRANTS PROGRAM WHICH WILL BE
ADMINISTERED BY THE CULTURAL ARTS COUNCIL CONSISTENT WITH THE
CITY'S ESTABLISHED POLICIES AND PROCEDURES.
ADMINISTRATION RECOMMENDATION
Adopt the resolution
ANALYSIS
The 2010 Miami Beach Arts Gala (Gala) was held on October 23, 2010 in the Miami Beach
Convention Center. A private event spearheaded by Commissioner Jerry Libbin, its stated purpose
was to raise funds to be administered by the Miami Beach Cultural Arts Council (CAC) as an
additional cultural grants program to be known as the Miami Beach Arts Gala Grants. The Miami
Beach Arts Trust, a private, not-for-profit Florida Corporation, served as fiscal agent for the Gala. The
Gala raised $65,782. Pursuant to a discussion between the Administration and the Chairperson of
the 201 1 Arts Gala, Ray Breslin, $3,282 will be held in escrow as seed funding for the 201 1 Gala.
Therefore, $62,500 is being donated to the City for a new dedicated cultural grants program.
As outlined by Commissioner Libbin and the Arts Gala Committee, the Miami Beach Arts Gala Grants
will support cultural programs and projects in the City of Miami Beach, with an emphasis on providing
aid to neighborhood arts groups and on increasing access to the arts for Miami Beach residents and
visitors. Qualified 501(c)(3) organizations with annual budgets less than $350,000 may apply for
minimum grant awards of $5,000 for projects and programs occurring within the current fiscal year.
There is no matching fund requirement. In place of a formal application, interested organizations may
submit a 150-word summary of the proposed project, along with proof of valid 501 (c)(3) status via e-
mail. The CAC will review all qualifying submissions. Selected projects will be referred to Cultural
Affairs Program staff for complete vetting and processing. The CAC's final approval and grant award
recommendations, subject to approval by the Mayor and Commission, will be made prior to the
commencement of the regular CAC grants cycle in February.
CONCLUSION
The Administration recommends the adoption of the attached Resolution authorizing the acceptance
of these funds.
RESOLUTION TO BE SUBMITTED
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution To Award A Contract, Pursuant To Invitation To Bid No. 43-09/10, For The Right-of-way Infrastructure
Improvement Program - Neighborhood No. 13A - Star Island, Authorizing The Mayor And City Clerk To Execute An
Agreement With Trans Florida Development Corp., At The Not-to-Exceed Amount of $696,887.45, For The
Construction Of The Project, Plus Approve A Project Contingency In The Amount Of $69,688.75 For A Grand Total Of
$766,576.20; $563,131.54 From Funds Previously Appropriated In The Capital Budget; And Appropriate $203,444.66
From Fund 429 Stormwater Projects Line of Credit, With Such Funds To Be Repaid From Proposed Future
Stormwater Bonds; Further Authorizing The Administration To Engage In Value Engineering To Further Reduce The
Cost And Time For Completion Of Said Project.
Key Intended,Outcome Supported: I Ensure well-maintained infrastructure
Supporting Data (Surveys, Environmental Scan, etc.):
I The 2007 Communitv Satisfaction Survey noted 82% of North Beach residents rated recent capital ~roiects I . - I completed as "excelle;lt" or "good" compareb to 89% of residents citywide.
Issue: I Shall the City Commission adopt the resolution? 1
Item SummarylRecommendation:
The work comprises of, but not be limited to, paving, grading, milling, and resurfacing of roadway, construct new
pavement (base and sub-base), installation of valley gutters and concrete pavers at guard house, landscape lighting,
and water line improvements on East and West Star Island Drives in Star Island.
ITB No. 43-09/10 was issued on September 24, 2010, with an opening date of October 25, 2010. The pre-bid
conference was held on October 7, 2010. During the pre-bid conference, prospective bidders were instructed on the
procurement process and the information their respective proposals should contain. Bidsync issued bid notices to
2,068 prospective bidders which resulted in the receipt of ten (10) bids.
On November 1, 2010, the TRP convened to shortlist bidders based on the following criteria:
50 Points - Grand Total Base Bid Amount
0 10 Points - Risk Assessment PlanNalue Added Submittals
20 Points - Past Performance Evaluation Surveys
On November 3, 2010, the TRP reconvened to interview the shortlisted bidders based on the following criteria:
20 Points - Presentation and interview of key personnel
Upon completion of the interviews, the TRP discussed their individual perceptions of each prospective bidder's
qualifications, experience, and competence to score and rank the firms accordingly. Trans Florida Development Corp.
received three of five first-place votes for contract award.
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. was recently awarded a contract by the City for South Pointe
Phases Ill, IV, and V for ROW improvements as well as for job order contracting - streetscape utilities construction
projects.
After considering the review and recommendation of City staff, the City Manager exercised his due diligence and
carefully considered the specifics of this ITB process. As a result, the City Manager recommends to the Mayor and
City Commission to award the contract to Trans Florida Development Corp.
ADOPT THE RESOLUTION.
Advisory Board Recommendation:
I I I I
Financial Information:
I Source of
Funds:
OBPl w
City Clerk's Office Legisladve Tracking:
1
2
3
'
4
5
6
Total $766,976.20
Amount
$348,253.75
$1 84,949.69
$163,684.01
$34,825.38
$18,494.97
$16,368.40
Account
384-2337-069357 - Fund 384 - 2003 GO Bonds - Neighborhoods
429-2337-069357 - Fund 429 Stormwater Projects Line of Credit
420-2337-069357 - Fund 420 Water & Sewer GBL Series 201 0
384-2337-000356 - Fund 384 - 2003 GO Bonds - Neighborhoods
429-2337-069356 - Fund 429 Stormwater Projects Line of Credit
, 420-2337-069356 - Fund 420 Water & Sewer GBL Series 2010
Approved
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 tp City Commission
I
FROM: Jorge M. Gonzalez, City Manager
DATE: November17,2010 v
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, APPROVING A CONTRACT AWARD, PURSUANT TO
INVITATION TO BID NO. 43-0911 0, FOR THE RIGHT-OF-WAY INFRASTRUCTURE
IMPROVEMENT PROGRAM - NEIGHBORHOOD NO. 13A - STAR ISLAND,
AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE AN AGREEMENT
WlTH TRANS FLORIDA DEVELOPMENT CORP., AT THE NOT-TO-EXCEED
AMOUNT OF $696,887.45, FOR THE CONSTRUCTION OF THE PROJECT, PLUS
APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $69,688.75 FOR A
GRAND TOTAL OF $766,576.20; $563,131.54 FROM FUNDS PREVIOUSLY
APPROPRIATED IN THE CAPITAL BUDGET; AND FURTHER APPROPRIATING
$203,444.66 FROM FUND 429 STORMWATER PROJECTS LINE OF CREDIT, WlTH
SUCH FUNDS TO BE REPAID FROM PROPOSED FUTURE STORM WATER
BONDS; FURTHER AUTHORIZING THE ADMINISTRATION TO ENGAGE IN
VALUE ENGINEERING TO FURTHER REDUCE THE COST AND TIME FOR
COMPLETION OF SAID PROJECT.
ADMINISTRATION RECOMMENDATION
Approve the award of contract.
KEY INTENDED OUTCOMES SUPPORTED
Ensure well-maintained facilities.
FUNDING
A total of $563,131.54 has been previously appropriated in the Capital Budget and $203,444.66
to be appropriated from Fund 429, Stormwater Projects Line of Credit, for a grand total of
$766,576.20, as follows
$348,253.75 384-2337-069357 - Fund 384 - 2003 GO Bonds - Neighborhoods
$184,949.69 429-2337-069357 - Fund 429 Stormwater Projects Line of Credit
$163,684.01 420-2337-069357 - Fund 420 Water & Sewer GBL Series 2010
$34,825.38 384-2337-000356 - Fund 384 - 2003 GO Bonds - Neighborhoods for Contingency
$18,494.97 429-2337-069356 - Fund 429 Stormwater Projects Line of Credit for Contingency
$16,368.40 420-2337-069356 - Fund 420 Water & Sewer GBL Series 2010 for Contingency
$766,576.20 Total
Commission Memorandum - ITB-43-09/10 - Star lsland ROW Improvements
November 17, 2010
Page 2 of 4
ANALYSIS
Stormwater runoff from Star Island, a 54-acre residential neighborhood, currently drains through
a combination of surface, subsurface, and direct discharge type systems. A portion of the runoff
from residential properties infiltrates the ground through private landscape areas and lawns.
The remaining runoff flows into the right-of-way and ultimately the City's storm drainage system.
The island has an existing stormwater subsurface drainage system primarily consisting of inlets
and subsurface drainage structures located along the inside swale, parallel to the park, along
East and West Star lsland Drives, as well as a portion of the area on the island's north end,
which is served by a network of catch basins and pipes that discharge the stormwater directly to
Biscayne Bay without pre-treatment.
The firm of EDAW was retained to prepare the Basis of Design Report (BODR) which outlines
the planning process and the recommended improvements for the various budget items
identified for each neighborhood. The BODR for the Star lsland Neighborhood was approved
by the City Commission on May 8, 2002. Since then, the BODR has been revised to include
resident, Finance and City Projects Committee, and Capital lmprovement Projects Oversight
Committee feedback.
On January 22, 2008, the engineering firm of CAP Government, an A&E firm under the City's
A&E rotational list, was assigned to the design and construction administration work for the Star
lsland Right-of-way Infrastructure lmprovement Project.
SCOPE OF SERVICES
The work comprises of, but not be limited to, paving, grading, milling, and resurfacing of
roadway, construct new pavement (base and sub-base), installation of valley gutters and
concrete pavers at guard house, landscape lighting, and water line improvements on East and
West Star lsland Drives in Star Island.
BID PROCESS
ITB No. 43-09/10 was issued on September 24, 2010, with an opening date of October 25,
2010. The pre-bid conference was held on October 7, 2010. During the pre-bid conference,
prospective bidders were instructed on the procurement process and the information their
respective proposals should contain.
Bidsync issued bid notices to 2,068 prospective bidders which resulted in the receipt of the
following ten (1 0) bids:
Central Florida Equipment Rentals, Inc.
Horizon Contractors, Inc.
Florida Engineering & Development Corp.
JVA Engineering Contractor, Inc.
M. Vila & Associates, Inc.
Miguel Lopez Jr., Inc.
Quality Construction Performance, Inc.
Southeastern Engineering Contractors, Inc.
Trans Florida Development Corp.
Williams Paving Co., Inc.
Commission Memorandum - ITB-43-09/10 - Star Island ROW Improvements
November 17, 2010
Page 3 of 4
Through the Procurement Division's review of each bid for responsiveness, Quality Construction
Performance, Inc., the sixth (6th) highest bidder at $944,874.33 was disqualified for failing to
submit a bid tender form as part of their bid.
As a result, the following table provides the proposed lump sum bid prices of the nine (9)
responsive bids:
The Technical Review Panel (TRP) consisted of the following individuals:
Janette Fernandez-Arencibia, Capital Project Coordinator, CIP Office
Rhonda Gracie, Landscape Project Coordinator, Parks Department
Emanuel Mayer, Special Assistant to the City Manager, City Manager's Office
Thomas Mooney, Preservation and Design Manager, Planning Department
Roberto Rodriguez, Capital Project Coordinator, CIP Office
On November 1, 2010, the TRP convened to shortlist bidders based on the following criteria:
50 Points - Grand Total Base Bid Amount
10 Points - Risk Assessment PlanNalue Added Submittals
20 Points - Past Performance Evaluation Surveys
As a result of the shortlisting process, the TRP invited the following companies for interviews:
Central Florida Equipment Rentals, lnc.
M. Vila & Associates, Inc.
0 Trans Florida Development Corp.
Williams Paving Co., Inc.
On November 3, 2010, the TRP reconvened to interview the shortlisted bidders based on the
following criteria:
20 Points - Presentation and interview of key personnel
Upon completion of the interviews, the TRP discussed their individual perceptions of each
prospective bidder's qualifications, experience, and competence to score and rank the firms
Commission Memorandum - ITB-43-09/10 - Star Island ROW lmprovements
November 17, 2010
Page 4 of 4
accordingly. Trans Florida Development Corp, received three of five first-place votes for
contract award as noted below:
-Williams paving Co., Inc. 80 (3) 1 88 (3) 1 89 (3) 1 78 (3) 1 89 (3) 1 424
1 71(4) Cent. Florida E qp ui ment Rentals, Inc. 162(4)164(4)166(4)1 70 (4 ) I 333
Janette Fernandez-Arencibia and Thomas Mooney noted that M. Vila & Associates, Inc.
provided an excellent and well-prepared interview which earned them their first-place votes.
However, they stated that Trans Florida Development Corp. is fully qualified to manage this
project and supported the Panel's recommendation.
Trans Florida Development Cor~.
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 recently awarded a contract by the City for South Pointe Phases Ill, IV, and V for ROW
improvements as well as for job order contracting - streetscape utilities construction projects.
CITY MANAGER'S REVIEW
After considering the review and recommendation of City staff, the City Manager exercised his
due diligence and carefully considered the specifics of this ITB process. As a result, the City
Manager recommends to the Mayor and City Commission to award the contract to Trans Florida
Development Corp.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the attached
resolution, which awards a contract to Trans Florida Development Corp. as the lowest and best
responsive bidder, pursuant to Invitation to Bid 43-09/10, for the right-of-way infrastructure
improvement program - Neighborhood No. 13A - Star Island, based on a total not-to-exceed
lump sum of $696,887.45; plus approve a project contingency in the amount of $69,688.75 for a
grand total of $766,576.20; $563,131.54 is from funds previously appropriated in the capital
budget; and $203,444.66 to be appropriated from Fund 429 Stormwater Projected Line of
Credit, with such funds to be repaid from proposed future storm water bonds; and further
authorize the Administration to engage in value engineering to further reduce the cost and time
for completion of said project.
T:\AGENDA\201O\November 17\Consent\lTB 43-09-10 - Star Island ROW lmprovements - MEMO.docx
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, APPROVING A CONTRACT AWARD, PURSUANT TO
INVITATION TO BID NO. 43-09/10, FOR THE RIGHT-OF-WAY INFRASTRUCTURE
IMPROVEMENT PROGRAM - NEIGHBORHOOD NO. 13A - STAR ISLAND,
AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE AN AGREEMENT
WlTH TRANS FLORIDA DEVELOPMENT CORP., AT THE NOT-TO-EXCEED
AMOUNT OF $696,887.45, FOR THE CONSTRUCTION OF THE PROJECT, PLUS
APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $69,688.75 FOR A
GRAND TOTAL OF $766,576.20; $563,131.54 FROM FUNDS PREVIOUSLY
APPROPRIATED IN THE CAPITAL BUDGET; AND FURTHER APPROPRIATING
$203,444.66 FROM FUND 429 STORMWATER PROJECTS LINE OF CREDIT, WlTH
SUCH FUNDS TO BE REPAID FROM PROPOSED FUTURE STORM WATER
BONDS; FURTHER AUTHORIZING THE ADMINISTRATION TO ENGAGE IN
VALUE ENGINEERING TO FURTHER REDUCE THE COST AND TIME FOR
COMPLETION OF SAID PROJECT.
WHEREAS, Invitation to Bid (ITB) No. 43-09/10 was issued on September 24, 2010,
with an opening date of October 25, 2010; and
WHEREAS, Bidsync issued bid notices to 2,068 prospective bidders, which resulted in
the receipt of the following ten (10) bids:
Central Florida Equipment Rentals, Inc.
Horizon Contractors, Inc.
Florida Engineering & Development Corp.
JVA Engineering Contractor, Inc.
M. Vila & Associates, Inc.
Miguel Lopez Jr., Inc.
Quality Construction Performance, Inc.
Southeastern Engineering Contractors, Inc.
Trans Florida Development Corp.
Williams Paving Co., Inc.; and
WHEREAS, the City Manager appointed a Technical Review Panel (TRP), which
consisted of the following individuals:
Janette Fernandez-Arencibia, Capital Project Coordinator, CIP Office
Rhonda Gracie, Landscape Project Coordinator, Parks Department
Emanuel Mayer, Special Assistant to the City Manager, City Manager's Office
Thomas Mooney, Preservation and Design Manager, Planning Department
Roberto Rodriguez, Capital Project Coordinator, CIP Office; and
WHEREAS, on November I, 2010, the TRP convened to shortlist bidders based on the
following criteria:
50 Points - Grand Total Base Bid Amount
10 Points - Risk Assessment PlanNalue Added Submittals
20 Points - Past Performance Evaluation Surveys; and
WHEREAS, on November 3, 2010, the TRP reconvened to interview the shortlisted
bidders based on the following criteria:
20 Points - Presentation and interview of key personnel; and
WHEREAS, upon completion of the interviews, the TRP discussed their individual
perceptions of each prospective bidder's qualifications, experience, and competence to score
and rank Trans Florida Development Corp. as the lowest and best bidder; and
WHEREAS, after considering the review and recommendation of City staff, the City
Manager exercised his due diligence and concurs with the recommendation of the TRP.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY COMMISSION
OF THE ClTY OF MIAMI BEACH, FLORIDA, hereby approve a contract award, pursuant to
Invitation to Bid (ITB) No. 43-0911 0, for the Right-of-way Infrastructure Improvement Program -
Neighborhood No. 13A - Star Island; authorize the Mayor and City Clerk to execute and
agreement with Trans Florida Development Corp., at the not-to-exceed amount of $696,887.45,
for the construction of the project, plus approve a project contingency in the amount of
$69,688.75 for a grand total of $766,576.20; $563,131.54 from funds previously appropriated in
the Capital Budget; and further appropriating $203,444.66 from Fund 429 Stormwater Projects
Line of Credit, with such funds to be repaid from proposed future storm water bonds; further
authorizing the Administration to engage in value engineering to further reduce the cost and
time for completion of said project.
PASSED AND ADOPTED this day of ,2010.
ATTEST:
CITY CLERK MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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