20101208 Agenda_Con_Detail_ OCRMIAMIBEACH
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
December 8,2010
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 Regular Agenda
PA Presentations and Awards R2 Competitive Bid Reports
R5 Ordinances
Consent Agenda R7 Resolutions
C2 Competitive Bid Reports R9 New Business and Commission
C4 Commission Committee Assignments R10 City Attorney Reports
C6 Commission Committee Reports
C7 Resolutions Reports and Informational Items
,
We are committed to providing excellent public selvice and safety to all who live, work, and play in our vibrant, tropical, historic community.
Consent Agenda, December 8,201 0
Presentations and Awards
PA1 Recognition Of The Parks And Recreation Department's Teen Club Members And Staff For Receiving
The National Dorothy Mullen Arts And Humanities Award (Class Ill) Presented By The National
Recreation And Park Association For Their Outstanding Drama And Theater Programs And Stage
Performances. (Page 3)
(Parks & Recreation)
PA2 Certificates Of Appreciation To Be Presented To City Staff Involved In The City's Application To The
201 0 LIVCOM Awards.
(Requested by Mayor Matti Herrera Bower & City Manager)
PA3 Certificates Of Recognition To Be Presented To Various Organizations That Participated In
Thanksgiving Food Distributions To Needy Miami Beach Residents.
(Requested by Mayor Matti Herrera Bower)
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 - Competitive Bid Reports
C2A Request For Approval To Purchase Manifold Assemblies, Water Meters And Parts From Sensus
Metering Systems, Inc., In The Estimated Annual Amount Of $125,627.49. (Page 7)
(Public Works)
C2B Request For Approval To Purchase American Darling Fire Hydrants From American Flow Control,
The Manufacturer Of The American Darling Fire Hydrants, In The Estimated Annual Amount Of
$40,000. (Page 1 1)
(Public Works)
C4 - Commission Committee Assignments
C4A Referral To The Land Use And Development Committee Of A Proposed Ordinance Requiring
Mandatory Recycling For Multi-Family Residences And Commercial Establishments. (Page 17)
(Requested by Commissioner Jonah Wolfson)
ii
Consent Agenda, December 8,2010
C4 - Commission Committee Assignments (Continued)
C4B Referral To The Finance And Citywide Projects Committee - Discussion On Adopting The Master
Plan For The North Shore Bandshell Park Project (Project). (Page 19)
(Capital lmprovement Projects)
C4C Referral To The Sustainability Committee - Discuss ECOBATT, A Self-Sustaining Container
Designed To Collect Worn, Damaged Or Outdated Batteries And Electronic Devices. (Page23)
(Requested By Vice-Mayor Michael Gongora)
C4D Referral To The NeighborhoodsICommunity Affairs Committee - Discussion Regarding A Proposal
To Honor The Extensive Community Legacy Of Stanley Levine With A Memorial Bench On Lincoln
Road. (Page 25)
(Requested by Mayor Matti Herrera Bower)
C6 - Commission Committee Reports
C6A Report Of The Capital lmprovement Projects Oversight Committee Meeting On October 18,201 0: I)
Attendance. 2) Old Business: A) CIP Project Status Report; B) Construction Update: Normandy
Shores Neighborhood lmprovement Project; C) Status Report: Venetian Island Neighborhood
lmprovement Project; D) Status Report: Sunset Islands I And II; E) Status Report: Sunset Islands Ill
And IV; F) Status Report: Royal Palm Avenue And 44th Street Flooding Mitigation; G) Status Report:
Palm And Hibiscus Island Undergrounding; H) Status Report: FlamingoNVest Avenue Neighborhood
ROW. 3) Requested Reports. 4) Review And Acceptance Of Minutes. 5) Commission Item. 6)
Adjournment. (Page 29)
C6B Report Of The Finance And Citywide Projects Committee Meeting On November 3, 2010: 1)
Discussion Regarding An Amendment To A Resolution Regarding Assignment OfA Police Officer To
The Police Athletic League (PAL). 2) Discussion Regarding Parity For Future Sidewalk Cafe Fee
Increases. 3) Discussion Regarding A Proposed Lease Agreement With Syanna, LLC, Involving
Approximately 2,216 Square Feet Of City-Owned Property Located At 22 Washington Avenue, Miami
Beach, Florida, For The Purpose Of Accommodating An Outdoor Cafe Associated With A Restaurant
Operation Located At 81 6 Commerce Street, Which Is Directly Adjacent To And West Of The Subject
City Property. 4) Discussion Regarding Request From Mystery Parks Arts Company, Inc. For An
Amendment To Its Lease Agreement. 5) Discussion Regarding $94,000 - Sleepless Night. 6)
Discussion Regarding The Miami Beach Visitors And Convention Authority (VCA) FY 2010111
Budget. 7) Amend Ameresco Agreement To Include Lighting Improvements To Three Additional
Parking Garages. (Page 33)
C6C Report Of The Land Use And Development Committee Meeting On November 22,201 0: 1) Municipal
Ordinance Regulating Commercial Loading Zones. 2) Discussion Regarding Temporary Storefront
Signs. 3) Discussion On A Stricter Panhandling Ordinance. 4) Discussion Regarding The Proposed
Flamingo Park Skate Park. (Page 37)
iii
Consent Agenda, December 8,201 0
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit A Grant
Application To The Federal Emergency Management Agency For Emergency Food And Shelter
Funds In An Amount Not To Exceed $50,000 For Emergency Assistance; 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 This Application. (Page 45)
(Budget & Performance Improvement)
C7B A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of
Proposals Pursuant To Request For Proposals (RFP) No. 39-09/10, For The Acquisition Of An
Automated Vehicle Locator (AVL) System; Authorizing The Administration To Enter lnto Negotiations
With The Top-Ranked Proposer, Radio Satellite Integrators; And Should The Administration Not Be
Successful In Negotiating An Agreement With The Top-Ranked Proposer, Authorizing Negotiations
With The Second-Ranked Proposer, Geodecisions; Further Authorizing The Mayor And City Clerk To
Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration In The
Estimated Annual Amount Of $52,645 For The Purchase And Installation Of 11 0 Vehicle Devices,
And Authorizing The Purchase Of Additional Vehicle Devices On An "As Needed" Basis Subject To
Funding Appropriation; Provided Further, That In The Event The City Administration Cannot Negotiate
An Agreement With Radio Satellite Integrators, Inc Or Geodecisons, Then Authorizing The City
Manager To Reject All Proposals Pursuant To This RFP. (Page 51)
(BuildingIParking)
C7C A Resolution Setting Of A Public Hearing For The Granting Of Certificates Of Appropriateness For
The Demolition Of The Robert C. Haas Handball Courts And For The Demolition Of A Facility Known
As "Friendship Corner" Pursuant To The Miami Beach City Code - Land Development Regulation
Section 11 8-564 (F) (4), Both Facilities Are Located At Flamingo Park, 1200 Meridian Avenue.
(Page 65)
(Capital lmprovement Projects)
C7D A Resolution Approving And Authorizing The Re-Allocation Of $1 14,205 In Savings From The
Seawall - Sunset Lake Park Project And Further Appropriating $49,582 From Fund 384,2003 G.O.
Bonds - Neighborhood Improvements; For Additional Work Scope And Associated Fees For The
Seawall - Flamingo Drive Rehabilitation Project. (Page 73)
(Capital lmprovement Projects)
C7E A Resolution Accepting The Recommendation Of The City Manager Relative To The Ranking Of
Proposals, Pursuant To Request For Proposals (RFP) No. 36-0911 0, For Third Party Administrator
Claim Audit And Performance Evaluation Services; Authorizing The Administration To Enter lnto
Negotiations With Claim Technologies, Incorporated, And Should The Administration Not Be Able To
Negotiate An Agreement With Claim Technologies, Authorizing The Administration To Negotiate With
Deloitte Consulting, LLP; And Further Authorizing The Mayor And City Clerk To Execute An
Agreement Upon The Completion Of Successful Negotiations By The Administration. (Page77)
(Human Resources)
I.
Consent Agenda, December 8,201 0
C7 - Resolutions (Continued)
C7F A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Consent To
Assignment And First Amendment To Job Order Contract (JOC) No. 23-08/09, Between The City And
Unitech Builders Corp., Which Provides For Unitech To Assign The JOC Contract To David Mancini
And Sons, Inc. (Page 85)
(Procurement)
C7G A Resolution Revising The "Special Events Requirements And Guidelines," By Amending The
Sections Entitled "Weddings And Ceremonies," "Minimum Requirements," Internal Review
Procedure," "Criteria For Grant Of Special Event Permit," "External Review Procedure," "Adherence
To Regulations And Other Policies," "Beach Vehicle Access Policy," "Event Signage," "Product
PromotionPTemporary Sampling", And "Enforcement And Penalties;" And Further Amending The
Special Event Fee Schedule, And Hereby Permitting And Restricting Further Uses On Public
Property. (Page 97)
(Tourism & Cultural Development)
C7H A Resolution lnitiating Conflict Resolution Procedures Provided By Section 164.1052 Of The Florida
Statutes Prior To lnitiating Litigation Against The City Pension Fund For Firefighters And Police
Officers In The City Of Miami Beach ("Pension Fund") With Regard To The Pension Fund's Position
Not To Implement The Terms Of City Of Miami Beach Ordinance No 2010-3705 As They Relate To
Pension Fund Members. (Page 131)
(City Attorney's Office)
End of Consent Agenda
Presentations and Awards
PA1 Recognition Of The Parks And Recreation Department's Teen Club Members And Staff
For Receiving The National Dorothy Mullen Arts And Humanities Award (Class Ill)
Presented By The National Recreation And Park Association For Their Outstanding
Drama And Theater Programs And Stage Performances.
(Parks & Recreation)
PA2 Certificates Of Appreciation To Be Presented To City Staff Involved In The City's
Application To The 201 0 LIVCOM Awards.
(Requested by Mayor Matti Herrera Bower & City Manager)
PA3 Certificates Of Recognition To Be Presented To Various Organizations That Participated
In Thanksgiving Food Distributions To Needy Miami Beach Residents.
(Requested by Mayor Matti Herrera Bower)
i 1 Agenda Item PA 1-3
I Date 12- h- ~d
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COMMISSION ITEM SUMMARY
Condensed Title:
Request for Approval to Purchase Manifold Assemblies, Water Meters and Parts from Sensus Metering
Systems, Inc., In The Estimated Annual Amount of $125,627.49.
Key Intended Outcome Supported:
Ensure Well Maintained Infrastructure.
Supporting Data (Surveys, Environmental Scan, etc.): NIA
Issue: I Shall the City Commission Approve the Purchase? I
Item SummarylRecommendation:
The City's Public Works, Operations Division utilizes manifold assemblies which are used to install several
water meters adjacent to each other.
About 17 years ago, the City started a program to standardize the water meters used throughout the City's
water distribution system. In order to facilitate a more rapid standardization, the City Commission approved
Sensus Metering Systems, Inc., (Sensus) as a sole source vendor on October 11, 2006.
The City is continuing with its water meter standardization program; to date, approximately 80% of the City
of Miami Beach's 13,050 water meters are Sensus.
APPROVE THE PURCHASE
Advisory Board Recommendation: I
Financial Information:
I I
City Clerk's Office Legislative Tracking: I Gus Lopez, ext. 6641
Account
Public Works Water Account No. 425.0410.000680
O#PP
AGEBDA STEM c2 A
Amount
$ 125,627.49
Source of
Funds:
DATE 12-8- /d
1
Financial Impact Summary:
2
3
4
Total $ 125,627.49
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 r\+
DATE: December 8, 201 0 /I / /
SUBJECT: REQUEST FOR APPROVAL ASSEMBLIES,
WATER METERS AND PARTS FROM SENSUS METERING SYSTEMS, INC., IN
THE ESTIMATED ANNUAL AMOUNT OF $125,627.49
ADMINISTRATION RECOMMENDATION
Approve the Purchase.
FUNDING
$125,627.49 Public Works Department Water Account Number 425.0410.000680
KEY INTENDED OUTCOME SUPPORTED
Well Maintained Infrastructure.
ANALYSIS
About 16 years ago, the City started a program to standardize the water meters used
throughout the City's water distribution system. The City's Public Works Operations Division
utilizes manifold assemblies which are used to install several water meters adjacent to each
other.
In order to facilitate a more rapid standardization, the City Commission approved Sensus
Metering Systems, Inc., (Sensus) as a sole source vendor on October 11, 2006.
The City is continuing with its water meter standardization program; to date, approximately
80% of the City of Miami Beach's 13,050 water meters are Sensus. In the past, Public
Works has had 5 different manufacturer's meters in their distribution system and had to
stock repair parts for each brand (and size) because the parts are not interchangeable.
It is estimated that the City will need to acquire approximately 1 ,I 62 new water meters for
new installation or replacement of existing water meters and 4 manifold assemblies. The
approximate breakdown is as follows:
450 ea. 518"meters at $33.52 each: $ 15,084.00
525 ea. 1"meters at $92.02 each: $48,310.50
125 ea. 1.5" meters at $1 98.82 each: $24,852.50
45 ea. 2" meters at $31 1.29 each: $ 14,008.05
9 ea. 3 meters with strainer at $ 986.24 each: $ 8,876.16
Commission Memorandum - Sensus Metering Systems
December 8, 2010
Page 2 of 2
4 ea. 4" meters with strainer at $ 1,920.07 each: $ 7,680.28
4 ea. 3" & 4" manifold at a unit cost of $1,704.00 each: $ 6,816.00
Estimated Annual Amount: $1 25,627.49
In the future, if the City of Miami Beach does convert to an Automatic Meter Reading (AMR)
program, a standardized inventory of water meters will facilitate this endeavor. Having a
variety of brands in the ground can present additional problems to convert to an AMR
system. In addition, the meters that the City currently uses can be converted to an automatic
meter by just replacing the existing register with an electric register rather than having to
replace existing meters that are functioning properly. This would not only result in labor and
material costs savings, but will also prevent water service interruptions for our customers
during the conversion to automatic meter readers.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida, approve the purchase of manifold assemblies, water meters and parts from
Sensus Metering Systems, Inc., in the estimated annual amount of $125,627.49.
Attachment: Sensus Letter
T:\AGENDA\201 O\December 8\Consent\Sensus Water Meter-Merno.doc
MaryAnn Junk 1501 Ardmore Blvd T: 724-439-7839
BidJQuote Administrator Sixth Floor F: 800-888-2403 sEnsus
Contract & Proposal Management Pittsburgh, PA 15221 usAhe Measuieoithe Mure
maryann.junk@sensus.com
Sales
November 18,2010
The City of Miami Beach
451 Dade Boulevard
Miami Beach, Florida 331 39
Attention: Ms. Marta Fernandez-Rubio
Subject: Sole Manufacturer
To Whom It May Concern:
Please be advised that Sensus Metering Systems Inc is the sole manufacturer of
Sensus Metering products including Water Meters, Meter Reading Systems,
Testing Equipment, and Repair Parts.
The Current pricing is constant with pricing and quantities available within the
state of Florida at this time.
Thank you for your business, and we look forward to continuing to provide you
with quality Sensus products and superior customer service.
Sincerely,
Sensus Metering Systems
MaryAnn Junk
BidIQuote System Administrator
Marketing Department
cc: Anneliese Meier, Territory Manager
COMMISSION ITEM SUMMARY
Condensed Title:
Request for Approval to Purchase American Darling Fire Hydrants from American Flow Control, the
Manufacturer of the American Darling Fire Hydrants, in the Estimated Annual Amount of $40,000.
Key Intended Outcome Supported:
To Ensure Well-Maintained Infrastructure.
Supporting Data (Surveys, Environmental Scan, etc.): NIA
Issue: I Shall the City Commission Approve the Purchase?
Item SummarylRecommendation:
For the past 14 years the Public Works Department has been using American Darling Fire Hydrants. There
are approximately 1,050 fire hydrants in the city and Public Works is in need of replacing approximately 50
fire hydrants. The fire hydrants are replaced as needed following an annual inspection to determine that
the hydrants function properly. This purchase will only replace hydrants that do not function properly.
On October 19, 2005, the Mayor and City Commission adopted Resolution No. 2005-26026, waiving by
517th~ vote, the formal competitive bidding requirements, and approving the purchase of the American
Darling fire hydrants from American Flow Control. Each Fiscal Year thereafter, the Administration has
requested approval from the Mayor and City Commission to purchase the fire hydrants from American
Flow Control, the Manufacturer of the American Darling fire hydrants, when purchase amount exceeds
$25,000.
American Flow Control is the sole source manufacturer for the American Darling Fire Hydrant requested by
Public Works Department (see attached letter). The City of Miami Beach has been purchasing directly
from the manufacturer for the past 13 years, getting the hydrants at an average cost of $755. Miami-Dade
County has a contract for the purchase of fire hydrants, and the average price of the American Flow
Control fire hydrant is $764.75 each. The use of American Darling fire hydrants as the standard reduces
the procurement, warehousing, and inventory costs.
THE ADMINISTRATION RECOMMENDS APPROVING THE PURCHASE
Advisory Board Recommendation: I NIA I
City Clerk's Office Legislative Tracking: I Gus Lopez, ext. 6641
ABEWDA ITEM CAB
/2- g-/a
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: December 8, 201 0
SUBJECT: REQUEST FOR APPROVAL T UR HASE AMERICAN DARLING FlRE
AMOUNT OF $40,000.
2P
HYDRANTS FROM AMERICAN FLOW CONTROL, THE MANUFACTURER OF
THE AMERICAN DARLING FlRE HYDRANTS, IN THE ESTIMATED ANNUAL
ADMINISTRATION RECOMMENDATION
Approve the Purchase.
FUNDING
$40,000 Public Works Department Water Account Number 425.041 0.000682
KEY INTENDED OUTCOME SUPPORTED
Ensure Well Maintained infrastructure.
ANALYSIS
For the past 14 years the Public Works Department has been using American Darling Fire
Hydrants. There are approximately 1,050 fire hydrants in the city and Public Works is in
need of replacing approximately 50 fire hydrants. The fire hydrants are replaced as npeded
following an annual inspection to determine that the hydrants function properly. This
purchase will only replace hydrants that do not function properly.
The American Darling brand is the product chosen because of its lower maintenance costs
and commonality with fire hydrants already in use. Approximately 70% of the fire hydrants in
Miami Beach are the American Darling brand. The Public Works Department has been
standardizing fire hydrants in order to lower the number of fire hydrants manufacturers and
parts kept in inventory.
On October 19,2005, the Mayor and City Commission adopted Resolution No. 2005-26026,
waiving by 5ffths vote, the formal competitive bidding requirements, and approving the
purchase of the American Darling fire hydrants from American Flow Control. Each Fiscal
Year thereafter, the Administration has requested approval from the Mayor and City
Commission to purchase the fire hydrants from American Flow Control, the Manufacturer of
the American Darling fire hydrants, when purchase amount exceeds $25,000.
American Flow Control is the sole source manufacturer for the American Darling Fire
Hydrant requested by Public Works Department (see attached letter). The City of Miami
Beach has been purchasing directly from the manufacturer for the past 14 years, getting the
hydrants at an average cost of $755 each. Miami-Dade County has a contract for the
purchase of fire hydrants, and the average price of the American Flow Control fire hydrant is
Commission Memorandum - American Darling Fire Hydrants
December 8, 2010
Page 2 of 2
$764.75 each. This pricing is effective until the end of 201 0. The company has not published
its 201 1 prices as of the date of this memo.
The other brands of fire hydrants currently used by the City are Iowa, Kennedy, Waterless,
U.S. Pie and Mueller. The repair parts are not interchangeable between the various brands.
In addition, the use of American Darling fire hydrants as the standard reduces the
procurement, warehousing, and inventory costs.
CONCLUSION
Based on the aforementioned, the Administration recommends that the Mayor and City
Commission of the City of Miami Beach, Florida, approve the purchase of the American
Darling Fire Hydrants from the sole source manufacturer, American Flow Control, in the
estimated annual amount of $40,000.00.
Attachment: American Flow Control Sole Source Letter
T:\AGENDAPOIO\December 8\Consent\American Darling Fire Hydrants -Memo.doc
AMERICAN FLOW CONTROL
George Clark Territory Manager 300 Prirnera Blvd., Suite 240 Prirnera Four Lake Mary, Florida 32746
Phone (407) 804-1 420 Fax (407) 804-1201 Georgeclark@acipco.corn
November 16,20 10
Ms Marta Fernandez Rubio
City of Miami Beach
1700 Convention Center Dr
Miami Beach, FL 33 139
AMERICAN DARLING 5 ?4 INCH B-84-B FIEW HYDRANTS
Dear Ms. Rubio:
American Flow Control is a division of American Cast Iron Pipe Company and is the sole source of
manufacture for American Darling fire hydrants.
Thank you for your interest and support of American Flow Control products. If I can answer any
questions, please let me know.
Best regards,
AMERICAN FLOW CONTROL
George Clark
Territory Manager
MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
City Manager, Jorge M. Gonzalez
Commissioner Jonah Wolfson
November 24,201 0
Referral to Land Use and Development Committee of a Proposed Ordinance
Requiring Mandatory Recycling for Multi-Family Residences and Commercial
Establishments
I have been working with the City Attorney's Office and Public Works Department in the drafting
of an Ordinance which would require mandatory recycling, via the establishment of a City of
Miami Beach Recycling Program, for multi-family residences and commercial establishments in
the City.
The proposed Ordinance has been reviewed and commented upon by the Sustainability
Committee and, at its meeting on November 23, 201 0, the Committee recommended that the
Ordinance be referred to the Land Use and Development Committee for its review, prior to
consideration by the City Commission.
Accordingly, please place this matter for referral to the next Land Use Committee Meeting.
1 1 Agenda Item f I/A
We ore commitfed to providing excellent public service and safety to all who live, work, and ploy in oli Date ~l-g-la
17 I
THIS PAGE INTENTIONALLY LEFT BLANK
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manag
DATE: December 8,201 0
SUBJECT: REFERRAL TO THE FINANCE Lk D CITYWIDE PROJECTS COMMITTEE -
DISCUSSION ON ADOPTING THE MASTER PLAN FOR THE NORTH SHORE
BANDSHELL PARK PROJECT (PROJECT).
ADMINISTRATION RECOMMENDATION
Refer the matter to the Finance and Citywide Projects Committee for discussion
FUNDING
The total project funding currently available for this project from Miami-Dade County
General Obligation Bond Fund and Quality of Life Resort Tax Fund is $1,918,313.
ANALYSIS
On May 13, 2009, the City Commission approved a referral to the Finance and Citywide
Projects Committee (Committee) of a proposal to secure the Architectural and Engineering
(AIE) Services of BEA Architects, in partnership with Rene Gonzalez Architect Inc., for the
planning, design and construction administration services for the Bandshell Park site. The
Committee recommended the approval of the agreement at its September 3,2009 meeting.
Project Description
The North Shore Bandshell Park is a historic site, located in the heart of North Beach, along
Collins Avenue, between 72" and 73rd Streets.
The Master Plan scope included the following:
Landscaping;
Accent / security lighting;
Reconfiguration and/or addition of walkways to enhance circulation;
Addition of a service driveway;
Installation of an electronic marquee for the Bandshell Facility;
Installation of the Art in Public Places piece - "Beatles Mandala".
The project planning process has followed the standard park improvement project
sequence. The project kick-off meeting was held on December 7, 2009. The master plan
was presented to the community on July 22, 2010, and approved by the Design Review
Board (DRB) on November 2,201 0.
There was strong support for the Project as presented by the Consultant, both from the
Community as well as from the Board, and consensus was reached for the design concept. 1 Agenda Item e '?&
Date 12-8-/O
City Commission Memorandum
North Shore Bandshell Park Master Plan
December 8,201 0
Page 2 of 4
The Design Review Board made the recommendation that the construction of a walkway
connecting the park to the beach along 72"d Street be completed as part of the Phase 1
improvements.
The draft Master Plan (Attachment 1) presents a phased implementation plan of the
proposed improvements to the park as follows:
Phase I - Park Improvements
Phase 1 will consist of new walkways, landscape planting, landscape irrigation, lighting, site
furniture, general signage, the installation of an electronic marquee, and the installation of
the Beatles Mandala.
The estimate of probable construction cost for this phase is $1 ,I 91,903, inclusive of a 10%
construction contingency allowance. The completion of Phase 1 will significantly improve the
quality and character of the park and help achieve the design intent, which is to enhance
circulation, activate the connection between Collins Avenue and Ocean Terrace, provide
areas for pedestrian congregation through the addition of tables and benches, and enhance
lighting thereby improving security. The additional phases, when implemented, will enhance
the connectivity of the park to the North Beach Recreational Corridor as well as to Ocean
Terrace.
Phase 1A - Elevated Platform
Additionally, the construction of a 4,000SF elevated platform where park visitors will be able
to watch the activities at the sand bowl area, lighting, landscape, and associated site
improvements are currently underway as part of the construction of the North Beach
Oceanfront Center Project. The cost previously identified and allocated for the construction
of this work is $385,519 (in addition to the $1.210M).
The following phases will be considered in the future and will not require re-work to be
implemented.
Phase 2A - 72"d Street Walkway
Phase 2A will consist of a new walkway and associated landscape and lighting, connecting
the south end of the park to the North Beach Recreational Corridor, at 72"d Street. This will
also serve as connector to the beach.
The required budget to implement Phase 2A, inclusive of funding for Art in Public Places
(AiPP), CMB fees, and construction contingency is $143,688. Since this has been requested
by the DRB to be implemented as part of Phase 1, the Administration recommends seeking
additional funds for this work via the FY 11/12 Capital Budget process.
Phase 2B - 73rd Street Multi-Purpose Walkway
Phase 2B will consist of the widening of the south sidewalk along 73rd Street, creating a
multi-purpose path connecting Collins Avenue to Ocean Terrace. Any and all items
addressed in this phase will add to the overall design but are not an integral part of the
immediate design implementation. The estimate of probable cost for this phase is estimated
to be $44,779 inclusive of an additional 10 percent for a contingency allowance in the
construction phase.
City Commission Memorandum
North Shore Bandshell Park Master Plan
December 8,201 0
Page 3 of 4
The required budget to implement Phase 2B, inclusive of funding for Art in Public Places
(AiPP), CMB fees, and construction contingency is $58,676.
Based upon the estimated construction costs identified for each of the master plan phases,
the City has sufficient funds to implement Phase 1 and the elevated platform at this time.
Phases 2A and 26 will be considered in the future during the FY 11/12 Capital Budget
process. The project budget for each phase is presented herein.
Table 1
North Shore Bandshell Park Master Plan
Phase I- Project Budget (Funded Improvements)
Phase I- Park Improvements Estimated Costs ($)
Design & Engineering 1 94,000
Construction 1,083,548
Contingency (10% of const.) 108,355
Testing / Permitting 30,000
Art in Public Places (1.5% of const.) 16,253
Construction Mgmt. (6% less AiPP) 84,954
Phase I Project Budget $1,517,110
Table 2
North Shore Bandshell Park Master Plan
Phase 1A - North Beach Oceanfront Center- Elevated Platform - Project Budget (Funded
Improvements)
Elevated platform and associated improvements Estimated Costs($)
Construction 385,519
Art in Public Places (1 5% of const.) 5,783
Elevated Platform Budget $391,302
Table 3
North Shore Bandshell Park Master Plan
Phase 2A- Project Budget (Unfunded Improvements)
Phase 2A- 72"d Street Walkway Estimated Costs($)
Construction 1 12,694
Contingency (1 0% of const.) 11,269
Testing / Permitting 10,000
Art in Public Places (1.5% of const.) 1,690
Construction Mgmt. (6% less AiPP) 8,038
Phase 2A Project Budget $ 143,692
City Commission Memorandum
North Shore Bandshell Park Master Plan
December 8,201 0
Page 4 of 4
Table 4
North Shore Bandshell Park Master Plan
Phase 2B- Project Budget (Unfunded Improvements)
Phase 2B- 73rd Street Multi-Purpose Walkway Estimated Costs($)
Construction 40,708
Contingency (1 0% of const.) 4,071
Testing 1 Permitting 10,000
Art in Public Places (1.5% of const.) 61 1
Construction Mgmt. (6% less AiPP) 3,287
Phase 2B Project Budget $ 58,676
CONCLUSION AND/OR RECOMMENDATIONS
It is recommended that the Commission refer the matter to the Finance and Citywide
Projects Committee for discussion on adopting the Master Plan for the North Shore
Bandshell Park. By approving the Master Plan, the City will officially end the planning
process for this project and adopt the design concept. The Administration will be able to
proceed with the design development, construction documents, bidding and award, and
construction phases of the Project with this approval.
Attachments:
I. North Shore Bandshell Park Master Plan, dated December 2010.
2. North Shore Bandshell Park Master Plan, Estimate of Probable Cost
T:\AGENDA!2010\December 8\Consent\North Shore Bandshell Park Master Plan - Memo.doc
MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge Gonzalez, City Manag
FROM: Michael Gongora, Vice Mayo
DATE: December 1, 201 0
SUBJECT: Referral ltem for December 8 Commission Meeting
I would like to referral an item to the Sustainability Committee meeting in
December. I would like to place on the agenda the opportunity to discuss
ECOBATT. ECOBATT is a self-sustaining container specially designed to collect
worn, damages or outdated batteries and electronic devices. Please do not
hesitate to contact my office if you have any further questions at extension 6087.
Agenda ltem C '/C
Date /J-x-/D
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OFFICE OF TI-IE MAYOR AND COMMISSION
TO:
FROM:
DATE:
Jorge M. Gonzalez, City Manager
Matti Herrera Bower, Mayor 4 .~a3
December 1,201 0
MEMORANDUM
SUBJECT: Coilse~lt Agenda It el11 : Refelm1 to ~ei~l~borlloods Committee
Please place on the Dec. 8, 2010 Coill~llissio~l illeetiilg agenda a referral to the
Neigl~borl~oocls Co~lullittee of a discussio~l regarding a proposal to honor the extensive
coi~u~~ull~ity legacy of Stanley Levine wit11 a me~lloiial bench on Lincoln Road.
I tlla~lk you in advailce for your cooperation in tlis matter. If you have any cluestions, please
do not hesitate to coiltact Rebecca Wakefield at exte~~sion 6157.
T11an.k you.
VVe ore ccnnmitled b po\,idi~g e.~ce!lon~ public service ond .safeti/ ICI all IV/I(.> livs, b.*o1;4, arid play in our t,il,rd
Agenda Item C 4D j Date /.-8-/0
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m 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
Date: December 8,201 0
Subiect: REPORT OF THE CAPITAL I T PROJECTS
OVERSIGHT COMMITTEE M CTOBER 18,2010
The meeting was called to order at 5:43PM
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:
hffp:// www.miamibeachfl.gov/video/video.asp
1. ATTENDANCE
See attendance sheet copy attached.
2. OLD BUSINESS
Normandy Shores Neighborhood lmprovement Project
Dedication was held on September 16, 201 0 for the Normandy Shores Neighborhood as
well as the Clubhouse. The Normandy Shores Neighborhood lmprovement Project is
being finalized.
Venetian Islands Street End Encroachments
Public Works will send out encroachment notices to residents later in the week.
Venetian Island Neighborhood lmprovement Project
Watermains continue to progress. The design of the Neighborhood lmprovements is being
finalized and is in permitting. Eleanor Carney asked about schedule conflicts between the
City of Miami Beach and Miami-Dade County Projects. Roberto Rodriguez noted that the
County does not have a schedule and will coordinate with Miami-Dade County.
Staff Action: Provide Miami-Dade County construction schedule for the Venetian
Causeway Improvements upon receipt and review with respect to the City's Venetian
Islands Neighborhood lmprovement Project.
Agenda Item CGA
Date /a-$-/O
ClPOC Committee Meeting Minutes from October 18,2010
Page 2 of 3
Sunset islands I & I1
Design is almost at 100% completion. Permits have been received and we are ready to
bid. Need to resolve width of roads vs. accessibility issue.
Sunset Islands Ill & IV
Completed the existing conditions survey of the outfalls, report is under review internally.
The City Commission will consider a City Special Assessment District for the utility
undergrounding project in its forthcoming meetings.
Royal Palm Avenue and 44h Street Flooding Mitigation
This project has all its permits and construction mobilization has begun.
Palm & Hibiscus Island Undergrounding
Miami-Dade County Commission unanimously passed the ordinance to form the special
taxing district on September 21, 201 0, now it will move forward with the election of the
registered voters.
FlamingoIWest Avenue Neighborhood ROW
CIP is awaiting results from the stormwater masterplan which remains on schedule for
December.
3. REQUESTED REPORTS
Indian Creek WaterIWastewater Project Sanitary Sewer Lateral Scope of
Work.
Fernando Vazquez from Public Works reported that he reviewed all the bids that were
submitted for this project and none of the bids included the sanitary sewer lateral work.
Disability access along roads with minimum width and no sidewalks
Fred Beckmann from Public Works reported reviewing the existing legislation and existing
guidelines. The guidelines show that for new construction the City must follow all criteria
required by ADA. In areas where we don't have a pedestrian pathway or sidewalks, there
are no requirements to create sidewalks. The requirement is if the road is being
resurfaced, then the road has to be resurfaced to the maximum width possible .
Bayshore Neighborhood Water Main Replacements
Fred Beckmann passed out paperwork displaying a chart that shows all water lines that
are being replaced. All the water lines in Bayshore Central are being replaced with the
exception of the 16" main line along Prairie Avenue.
ClPOC Committee Meeting Minutes from October 18,2010
Page 3 of 3
REVIEW AND ACCEPTANCE OF MINUTES
The following revisions were requested to the September 13, 201 0 Meeting Minutes:
a) Saul Gross suggested that the referenced "Disability Police' be revised. Minutes will
reflect disability coordinator.
b) Eleanor Carney stated that she did not say ltem #2 under Review and Acceptance of
Minutes in the September 13, 2010 minutes. The tape was reviewed and that item
was said by Saul Gross.
MOTION: Amend September Minutes
MOVED: Stacy Kilroy Is', Christina Cuervo, Td
PASSED: Unanimous
5. COMMISSION ITEM
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE ClTY
CLERK TO EXECUTEUTILITY CONSTRUCTION AGREEMENTS FOR THE UNDERGROUND
PLACEMENT OF ALL OVERHEAD FACILITIES ALONG 22ND STREET, FROM COLLINS
AVENUE TO PARK AVENUE, WITH THE FOLLOWING UTILITIES OR THEIR
CONTRACTORS: ATT IN THE AMOUNT OF $63,720.00; ATLANTIC BROADBAND IN
THE AMOUNT OF $35,734.00; AND GULF COAST REAL ESTATE CONSULTANTS,
INC., (UTILITY CONTRACTOR FOR SPRINT) IN THE AMOUNT OF $1 9,955.64; WITH
FUNDING AVAILABLE FROM PREVIOUSLY APPROPRIATED FUNDS IN THE ClTY CENTER
RDA CAPITAL FUND 365.
MOTION: Recommend to the Mayor and Cify Commission approval of Commission ltem
MOVED: Stacy Kilroy Is', Christina Cuervo Pd
PASSED: Unanimous
Meeting was adjourned at 6:29pm
ATTENDANCE REPORT FOR CIP OVERSIGHT COMMITTEE JANUARY THROUGH DECEMBER 2010 A: ABSENT P: PRESENT 1 2 3 4 5 6 7 8 4 NIA: NOT APPOINTED 1 * NOT SERVING LASTNAME Gross Agazim Camargo Carney Cuervo Karlton Kendle Kilroy Kraai Jan P P P NIA P P P P P FIRSTNAME Saul Erik Elizabeth Eleanor Christina Fred Rick Stacy Dwight & P A P P P P P P P P P P P P P A A P AJNJ P P P P P P P P P P P P P P P P A P Julv P A A P P A P P P QcJ P A A P P A A P P June A P P P P P P P P P P P P P P A P A Discipline Chair Developer Architect Engineer Citizen-at-Large Developer Engineer1 Citizen-&-Large Construction Engineer & P P P P P P P P P Dee
AM1 BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov
COMMITTEE MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: City Manager Jorge M.
DATE: December 8, 201 0
SUBJECT: REPORT OF THE PROJECTS COMMITTEE
MEETING OF November 3,2010.
OLD BUSINESS
1. Discussion regarding an amendment to a resolution regarding assignment
of a police officer to the Police Athletic League (PAL)
ACTION
The Committee asked that a list of goals and measurables for the PAL is
submitted to the City Manager and is submitted via Letter to Commission (LTC).
City Manager Jorge Gonzalez presented and gave a brief history of the item. Chief
Carlos Noriega stated that the investigations that had been initiated have been closed
out with no criminal charges. Chief Noriega then introduced Art Martineau, the new
Executive Director of the Police Athletic League (PAL). Commissioner Jerry Libbin
asked if the Committee would receive a memo regarding the changes that have been
made. Discussion ensued. The Committee asked that a list of goals and measurables
for the PAL is submitted to the City Manager and is submitted via Letter to Commission
(LTC) .
2. Discussion regarding parity for future sidewalk cafe fee increases
ACTION
The Committee asked that this item be part of future budget discussions.
City Manager Jorge Gonzalez presented the item. Chairperson Deede Weithorn
recounted the discussion regarding this item from the October 14, 2010 Finance &
Citywide Projects Committee Meeting. The Committee asked that this item be part of
future budget discussions.
NEW BUSINESS
3. Discussion regarding a proposed lease agreement with Syanna, LLC,
involving approximately 2,216 square feet of City-Owned Property located
Agenda Item CbB
Date /a-g- 10
at 22 Washington Avenue, Miami Beach, Florida, for the purpose of
accommodating an outdoor cafe associated with a restaurant operation
located at 816 Commerce Street, which is directly adjacent to and west of
the subject City property.
ACTION
The Committee approved the proposed lease, recommended that the lease be
brought to the full Commission, and asked the Administration to meet with the
South of Fifth Neighborhood Association (SOFNA) before the item is brought to
the full Commission.
Assistant City Manager Hilda Fernandez presented the item.
The City has received an offer to lease a City-owned 2,216 square foot vacant parcel
located at 22 Washington Avenue, which is adjacent and east of 816 Commerce Street,
a privately owned two-story commercial building. The City-owned parcel is a remaining
portion of an undeveloped platted lot which is the residual lot in connection with the
expansion of Washington Avenue. Due to its limited size and shape, the property serves
little more than to provide access to 816 Commerce Street.
In 2006, the City Commission approved the lease agreement with Manpriya, Inc. for use
of the site, and the lease was fully executed; however, the project was never developed.
In 2009, the City Commission approved a lease agreement with Moon Thai South
Beach, Inc, for use of the site as an out-door cafe. The financial lease terms approved
were substantially the same as a previous lease agreement, with an initial base rent of
$25 per square foot or 3% of sales. A list of operational conditions were recommended
by the local neighborhood association and subsequently approved by the City
Commission and incorporated into the lease.
Syanna, LLC has entered into a 10-year lease at 816 Commerce Street in April 2010, to
establish a high-end eclectic restaurant specializing in international cuisine. Syanna is
investing approximately $800,000 to build out the interior space, which will only be able
to accommodate 35 seats, and is proposing an additional $80,000 investment to
landscape and improve the City-owned parcel to accommodate outdoor seating for an
additional 46 people. The proposed initial lease term for use of the City parcel is five (5)
years with one renewal option of four (4) years 364 days. The Administration
recommended an eight (8) month rent abatement period upon commencement of the
proposed lease term, which will allow the Tenant time to develop the site, start up its
operations, and establish cash flow in order to start remitting rent. The Committee
asked if Administration had discussed the proposed lease with the South of Fifth
Neighborhood Association (SOFNA) to address any concerns. Ms. Fernandez stated
that email had been sent to SOFNA regarding the proposed lease and the ensuing
questions had been answered. Copies of various emails from SOFNA representatives
were distributed, as well as staff responses to the emails. The majority of the questions
had to do with operational issues; it was clarified that the same operational conditions
previously approved following extensive input from the neighborhood were included in
this lease.
The Committee approved the proposed lease, recommended that the lease be brought
to the full Commission, and asked the Administration to meet with the South of Fifth
Neighborhood Association (SOFNA) before the item is brought to the full Commission.
4. Discussion regarding request from Mystery Parks Arts Company, 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 May 31, 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 SoBe Arts assisted the City in identifying
certain repairs and improvements that were necessary in order to make the space
usable, and worked closely with the Property Management Division as those repairs and
improvements were made.
Since the repairs extended into its initial lease of the space, SoBe Arts couldn't use the
space for approximately five months, but continued to remit the required rent during the
period. SoBe Arts has requested a credit of rent paid for the Little Stage Theater during
the renovation of the facility, which resulted in its inability to operate in the leased space
during that time and generate the necessary revenue to cover their expenses.
The Committee approved the proposed lease amendment and recommended that the
lease amendment be brought to the full Commission.
5. Discussion regarding $94,000 - Sleepless Night
ACTION
The Committee asked that a status update on the 2011 Sleepless Night event be
given at the January Finance & Citywide Projects Committee Meeting.
Commissioner Jerry Libbin presented the item and gave a brief synopsis of the memo.
Commissioner Libbin stated that he was concerned with the amount of money that the
City Manager's Office may allocate without oversight from the Commission from the
money allocated to the Greater Miami Convention and Visitors Bureau (GMCVB).
Cultural Arts & Tourism Development Director Max Sklar clarified how funds are
allocated. Commissioner Libbin asked that an update be given that outlines the 201 1
event to determine if the funding should be committed. The Committee asked that a
status update on the 201 1 Sleepless Night event be given at the January Finance &
Citywide Projects Committee Meeting. Chairperson Deede Weithorn opened the floor to
public comment which showed support for the event and requests for continuation of the
event and others like it.
The Committee asked that a status update on the 201 1 Sleepless Night event be given
at the January Finance & Citywide Projects Committee Meeting
6. Discussion regarding the Miami Beach Visitors and Convention Authority
(VCA) FY 201 011 1 Budget
ACTION
The Committee asked that the MBVCA bring their suggestions for the use of the
amounts in excess of their reserve level to the January Finance & Citywide
Projects Committee Meeting.
City Manager Jorge Gonzalez presented the item. The Committee discussed what the
appropriate level of reserves that the Miami Beach Visitor and Convention Authority
(MBVCA) should have and what to with the excess. Chairperson Deede Weithorn
suggested that one year worth of revenue would be the appropriate level of reserves and
that the MBVCA could use the amount in excess of the reserve to create a visitor's
center and City store. Commissioner Jerry Libbin agreed with Chairperson Weithorn on
the level of reserves and suggested that the MBVCA research and come back to a future
Finance & Citywide Projects Committee Meeting to discuss their suggestions for use of
the excess. Conversation ensued. Commissioner Ed Tobin was concerned about
tasking the MBVCA with things that may stray from their core mission. The Committee
asked that the MBVCA bring their suggestions for the use of the amounts in excess of
their reserve level to the January Finance & Citywide Projects Committee Meeting.
7. Amend Ameresco agreement to include lighting improvements to three
additional parking garages.
ACTION
The Committee asked staff to research companies who offer a model where the
vendor would pay for the improvement.
City Manager Jorge Gonzalez presented the item and stated the cost of the three
additional parking garages, 7'h Street, 13'~ Street, and 42" Street, is under $300,000.
Chief Financial Officer Patricia Walker stated that the cost for the 7th Street garage is
approximately $95,000 but has a large number of private use agreements and because
of the tax consequences recommended that it should be funded internally, possibly from
the Parking Fund. Ms. Walker then stated that the cost for the 13th and 42" Street
garages is approximately $200,000, which could be borrowed from Chase, who agreed
to amend the loan, and the total energy savings would be approximately $312,000 over
10 years.
Commissioner Libbin suggested that the City look for companies that offered a different
model, where the vendor would pay for the improvement, the savings would begin right
away, the City would receive a percentage of those savings, and after three years there
is a one dollar buy out which the City could exercise. Discussion ensued. The
Committee asked staff to research companies who offer a model where the vendor
would pay for the improvement.
MIAMI BEACH
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: December 8,201 0
SUBJECT: REPORT OF THE NOVEMBER LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A meeting of the Land Use and Development Committee was held on November 22,
2010. Members in attendance were Commissioners Gongora, Tobin and Wolfson; Mayor
Bower and Commissioner Libbin also attended. 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 4:30 pm.
OLD BUSINESS:
I. MUNICIPAL ORDINANCE REGULATING COMMERCIAL LOADING
ZONES (ITEM R5L SEPTEMBER 15, 2010 CITY COMMISSION
MEETING)
AFTER-ACTION: Saul Frances introduced the item, explaining the initial reasons for
the requested ordinance. Marlo Courtney of the Ocean Drive Association made
comments related to the need for some ability for deliveries to be made to Ocean
Drive businesses. The Committee discussed the matter further. Commissioner
Gongora expressed the desire to add additional strength to existing ordinance.
MOTION: Wolfson/G6ngora (vote 2-0)
Move the proposal to the Transportation and Parking Committee, and then on to the
full City Commission.
NEW BUSINESS:
2. DISCUSSION REGARDING TEMPORARY STOREFRONT SIGNS
(ITEM C6A, SEPTEMBER 20,2010 CITY COMMISSION MEETING)
AFTER-ACTION: Jorge Gomez introduced the item and expressed the
Administration's concerns regarding permitting general advertising in any form. Staff
is also concerned about the number of proposed signs, the lack of any limitation on
size, and the potential for only a single company to be permitted operate under the
proposed ordinance. Commissioner Libbin showed photographs of vacant
storefronts and indicated he considered this to be a major problem, and thought the
proposed ordinance could help mitigate this. (It should be noted that the City
Commission has been updated on the status of these properties via a separate
LTC). Jorge Gomez explained that the City was working on a proposal for non-
commercial graphics to be used as storefront window coverings, which could be
permitted without sacrificing the City's prohibition on general advertising and
billboards. Hilda Fernandez explained that she is working with the VCA on such a 1 Agenda Item C6 C
I Date /!-ll-/O
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of November 22,2010
Page 2 of 3
proposal. Gary Held explained the City Attorney's position that window coverings
could be permitted if they were non-commercial.
Ray Lee of Inwindow advertising introduced his company's concept. Nancy
Liebman, Scott Needleman, and Arthur Marcus spoke against the proposed sign
ordinance. Tammy Tibbles and Wanda Mouzon expressed support for the proposal.
Jack Johnson, Charlie Erstad and Carla Probus spoke against the proposal. Freddy
Balsera, on behalf of InWindow, expressed his reasoning behind the proposal.
Richard Serafin, attorney for InWindow, explained the process that they had been
going through over the past several months, and noted that the ordinance should be
approved. Jane Gross and Adam Shedroff spoke against the ordinance.
Commissioner Gongora discussed how to proceed with this issue, and
Commissioner Libbin noted that the City needed to decide if they wanted commercial
or non-commercial signs. Commissioner Wolfson expressed a preference for the
non-commercial track. Commissioner Tobin stated that the City needed to come
back with a fully developed non-commercial signage program otherwise he would be
in favor of a commercial signage option.
MOTION: WolfsonIGongora (vote 2-1, Tobin opposed)
Return in two month with a fully developed proposal for non-commercial temporary
storefront window signs.
3. DISCUSSION ON A STRICTER PANHANDLING ORDINANCE.
(ITEM C4C, OCTOBER 27,2010 CITY COMMISSION MEETING)
AFTER-ACTION: Hilda Fernandez introduced the item, and City Attorney Jose
Smith also discussed the matter. The item was opened for public comment. Carla
Probus made comments about her observations. Commissioner Tobin enquired if
there had been any arrests made for panhandling activities.. Commissioner
Gongora expressed his thoughts on the various areas of concern within the City.
Mayor Bower enquired if the City's security guards could be empowered to enforce
the ordinance.
MOTION: TobinIGongora (vote 2-0)
Return in one month with additional information on how the proposal should be
further developed and structured.
4. DISCUSSION REGARDING THE PROPOSED FLAMINGO PARK
SKATE PARK.
AFTER-ACTION: The Committee took public testimony from Flamingo Park
residents on their concerns about the proposed Flamingo Park skatepark. Tammy
Tibbles spoke on the fact that this design would be a regional destination and not just
a neighborhood skatepark, and would attract larger numbers of visitors, traffic and
parking needs. Bruce Gidder expressed the belief that the skateboard park was
incompatible with the handball courts. Ilona Wiss referenced concerns about traffic.
Mayor Bower spoke about her concerns regarding the skatepark being such an
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of November 22,2010
Page 3 of 3
intense use within the park. Commissioner Gongora also spoke about his concerns
regarding this proposal.
MOTION: Wolfsonlno second
Motion to modify the Flamingo Park Master Plan to remove the skatepark.
MOTION: WolfsonlTo bin (vote 3-0)
Motion to reject this particular version of the proposed Flamingo Park skatepark.
MOTION: G6ngoraNVolfson (vote 2-1, Tobin opposed)
Motion to direct the Administration to explore finding an alternate location within the
City for a skatepark other than Flamingo Park.
T:\AGENDA\201O\Novernber 17\Consent\LUDC Meeting of October 25,2010.docx
NAME LAND USE AND DEVELOPMENT COMMITTEE MEETING November 22,2010 @ 4:00 pm City Manager's Large Conference Room Attendance Sheet E-MAIL ADDRESS I WISH TO RECEIVE THE LINK TO THE ELECTRONIC AGENDA CONTACT NUMBERS
LAND USE AND DEVELOPMENT COMMITTEE MEETING November 22,201 0 @ 4:00 pm City Manager's Large Conference Room
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution authorizing the City Manager to apply for and accept one (1) grant.
Key Intended Outcome Supported:
Reduce the number of homeless
Supporting Data:
"The City's efforts to address homelessness" was a key driver for resident respondents in how they view the
City as a place to live, view city government on meeting expectations and if they would recommend the City
as a place to live; "A lot of homeless" was rated amongst the top five things that have a negative impact on
the quality of life 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.
Issue: .-----
Shall the City support the following funding request and execute the related agreement?
Item Summary/Recommendation:
Approval to submit a grant application to the Emergency Food and Shelter Program for emergency
assistance to persons in need; 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.
Advisory Board Recommendation: NIA
Financial In
Source
of
funds
ormation:
Grant NamelProject
Emergency Food and Shelter
Program1 Emergency Assistance
City Clerk's Office Legislative Tracking:
Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement
Grant Not To
Exceed Amount
AMI BEACH
Match AmountlSource
@ MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniamibeachfl.gov
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manag
DATE: December8,2010
SUBJECT: A RESOLUTION OF THE MAY ND CITY COMMISSION APPROVING AND
AUTHORIZING THE ClTY MANAGER OR HIS DESIGNEE TO SUBMIT A
GRANT APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT
AGENCY FOR EMERGENCY FOOD AND SHELTER FUNDS IN AN AMOUNT
NOT TO EXCEED $50,000 FOR EMERGENCY ASSISTANCE;
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 THIS APPLICATION
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
1. Approval to submit a grant application to the Emergencv Food and Shelter Program
/EFSP) in an amount not to exceed $50,000 for emergency assistance
The funds from the Emergency Food and Shelter Program are awarded from the Federal
Emergency Management Agency (FEMA). The program is governed by a National Board.
FEMA chairs the National Board and provides policy guidance, oversight, federal
coordination and staff assistance to the National Board regarding this program. Local
boards are convened in the qualifying jurisdictions to determine the highest need and best
use of funds and to select Local Recipient Organizations to receive funding and provide
emergency food and shelter services. Each year needs are assessed in an effort to adapt to
particular community needs.
The EFSP was created to supplement the work of local social service agencies, both non-
profit and governmental, in assisting people in need of emergency assistance. The funding
should be used to target special emergency needs. These needs are primarily economic in
nature, as opposed to disaster related.
The program's funding priority is to provide rentlmortgage assistance and food to those in
need. The City has previously received EFSP funding, and this year the Administration
proposes to submit an application for funds for the following assistance: 1) provision of
rentlmortgage assistance to individuals and families at-risk of homelessness; 2) provision of
hotellmotel placements to homeless individuals and families, when conventional emergency
shelter beds are unsuitable; 3) provision of food vouchers; and 4) utilities assistance.
Commission Memorandum
Page 2
This request is for Phase 29 funding which is from January 1,201 1 to December 31,201 1.
Matching funds are not required for this grant. This project supports the key intended
outcome: reduce the number of homeless.
CONCLUSION
The Administration requests approval to authorize the City Manager or his designee to
submit an application to the Federal Emergency Management Agency for funding in an
amount not to exceed $50,000 for emergency assistance to persons in need; 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 OF THE MAYOR AND ClTY COMMISSION
APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE
FEDERAL EMERGENCY MANAGEMENT AGENCY FOR
EMERGENCY FOOD AND SHELTER FUNDS IN AN AMOUNT NOT
TO EXCEED $50,000 FOR EMERGENCY ASSISTANCE;
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 THIS APPLICATION
WHEREAS, the funds from the Emergency Food and Shelter Program are
awarded from the Federal Emergency Management Agency (FEMA) and the program is
governed by a National Board; and
WHEREAS, FEMA chairs the National Board and provides policy guidance,
oversight, federal coordination and staff assistance to the National Board regarding this
program, and local boards are convened in the qualifying jurisdictions to determine the
highest need and best use of funds and to select Local Recipient Organizations to
receive funding and provide emergency food and shelter services; and
WHEREAS, the EFSP was created to supplement the work of local social service
agencies, both non-profit and governmental, in assisting people in need of emergency
assistance and the funding is used to target special emergency needs that are primarily
economic in nature, as opposed to disaster related; and
WHEREAS, the program's funding priority is to provide renumortgage assistance
and food to those in need and the Administration proposes to submit an application for
funds for the following assistance: 1) provision of renumortgage assistance to individuals
and families at-risk of homelessness; 2) provision of hotellmotel placements to homeless
individuals and families, when conventional emergency shelter beds are unsuitable; 3)
provision of food vouchers; and 4) utilities assistance; and
WHEREAS, this request is for Phase 29 funding which is from January 1, 201 1
to December 31, 201 1 and matching funds are not required for this grant; and
WHEREAS, this project supports the key intended outcome: reduce the number
of homeless; and
WHEREAS, approval is requested to submit a grant application to the
Emergency Food and Shelter Program (EFSP) in an amount not to exceed $50,000 for
emergency assistance.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH hereby approve and authorize the City
Manager or his designee to submit an application to the Federal Emergency
Management Agency for funding in an amount not to exceed $50,000 for emergency
assistance to persons in need; 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:
MAYOR
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& fV8 EXECUTION
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Accepting The Recommendation Of The City Manager Pertaining To The
Ranking Of Proposals Pursuant To Request for Proposals (RFP) No. 39-091010, For The Acquisition Of An Automated Vehicle
Locator (AVL) System; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Proposer, Radii Satellite
Integrators, Inc; And Should The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked
Proposers, Authorizing Negotiations With The Second-Ranked Proposer, GeoDecisions; Further Authorking The MayorAnd City
Clerk To Execute An Agreement Upon The Conclusion Of Successful Negotiations By The Administration In The Estimated
Annual Amount Of $52,645 For The Purchase And Installation Of 110 Vehicle Devices, And Authorizing The Purchase Of
Additional Vehicle Devices On An "As Needed" Basis Subject To Funding Appropriation, And Provided Further, That In The Event
The Ci Administration Cannot Negotiate An Agreement With Radio Satellite Integrators, Inc Or GeoDecison, Then Authorizing
The Ci Manager To Reject All Proposals Pursuant To This RFP.
Key Intended Outcome Supported:
Increase Community Satisfaction with Ci Government
Supporting Data (Surveys, Environmental Scan, etc.): NIA
-----. I Shall the Mayor and the City Commission Accept The Resolution? i
On June 9,201 0, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 39-09/10, for the
acquisition of an Automated Vehicle Locator (AVL) System. RFP No. 39-09/10 was issued on June 14,2010, with an original
opening date of July 13,2010. Two (2) addendurns were issued which changed the opening dateto July23,2010. A preproposal
conference to provide information to the consultants submitting a response was held on June 24,2010.BidNet issued bid notices
to 79 prospective proposers, BidSync (formerly known as RFP Depot) issued bid notices to 27 prospective proposers, and 57
proposers were notified via e-mail and fax circulation, which resulted in the receipt of ten (10) proposals.
On September 15, the City Manager via Letter to Commission (LTC) No. 244-2010, appointed an Evaluation Committee ("the
Committeen). The Committee convened on September 28,2010, October 25, 2010, and November 3,2010. A motion was
presented by Robert Jenkins, seconded by Michelle Thomas, and unanimously approved by all Committee members
recommending entering into negotiation with the top ranked proposer, Ratio Satellite Integrators, Inc. and should the
Administration not be successful in negotiating an Agreement with the top-ranked proposers, authorize negotiations with the
second-ranked proposer, GeoDecisions.
The City is acquiring a tum-key solution to initially track approximately 110 vehicles. It is the intent of the Ci to budget for and
purchase additional units and extend the AVL service for other City vehicles including those operated by Public Works, Sanitation,
Police and Fire during the term of this contract.
THE ADMINISTRATION RECOMMENDS ACCEPTING THE RESOLUTION I
Advisorv Board Recommendation: II
Transparencv Reliability Accountabilitv Committee (TRAC)
The Watson Rice Report completed in December 2008 and adopted by the Transparency Reliability Accountability Committee
I included the use of additional technology, such as a vehicle location system as a way improve accountability and efficiency in the
Building De~artITIent. I -.
IT Steerinn Committee March 15.2010:
This subject was discussed at the March 201 0 IT Steering Committee meeting and it was recommended that an RFP be issued.
( The Building and Parking Departments will initiate the acquisition of the AVL system and potentially expand it to other City 1 I Departments. I
Financial Information:
I Source of Funds: I I Amount I Account I Approved 1
I I I I
Financial Impact Summary: I
I - I
City Clerk's Office Legislative Tracking:
I Gus Looez. extension 6641 I
MIAMIBEACH
Sign-Offs:
Department Director
GL KT
City Manager
JMG
T:\AGENDA\2010\December 8\Consent\RFP-39-09-10 AVL System Summary.doc / l'
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manag
December 8,2010
A RESOLUTION OF THE M COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE ClTY MANAGER PERTAINING TO THE RANKING OF PROPOSALS
PURSUANT TO REQUEST FOR PROPOSALS (RFP) N0.39-09/10,
FOR THE ACQUISITION OF AN AUTOMATED VEHICLE LOCATOR (AVL)
SYSTEM; AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WlTH THE TOP-RANKED PROPOSER, RADIO SATELLITE
INTEGRATORS; AND SHOULD THE ADMINISTRATION NOT BE
SUCCESSFUL IN NEGOTIATING AN AGREEMENT WlTH THE TOP-
RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WlTH THE
SECOND-RANKED PROPOSER, GEODECISIONS; FURTHER
AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY
THE ADMINISTRATION IN THE ESTIMATED ANNUAL AMOUNT OF
$52,645 FOR THE PURCHASE AND INSTALLATION OF 110 VEHICLE
DEVICES, AND AUTHORIZING THE PURCHASE OF ADDITIONAL VEHICLE
DEVICES ON AN "AS NEEDED" BASIS SUBJECT TO FUNDING
APPROPRIATION; PROVIDED FURTHER, THAT IN THE EVENT THE ClTY
ADMINISTRATION CANNOT NEGOTIATE AN AGREEMENT WlTH RADIO
SATELLITE INTEGRATORS, INC., OR GEODECISONS, THEN
AUTHORIZING THE ClTY MANAGER TO REJECT ALL PROPOSALS
PURSUANT TO THIS RFP.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funds in the amount of $52,645 are available from the FY 201 011 1 Budget as follows:
BTC Building Tech Capital Project Account No 601-7000-229253
Information and Communications Technology Fund 552
Parking Off Street Machinery and Equipment Account No. 480-0463-000674:
TOTAL
Commission Memorandum - RFP#39-09-10 Acquisition of an Automated Vehicle Locator
(AVL) System
December 8,201 0
Page 2
KEY INTENDED OUTCOME SUPPORTED
lncrease Community Satisfaction with City Government.
ANALYSIS
The purpose of this Request for Proposals (RFP) was to select a qualified firm to provide an
Automated Vehicle Locator (AVL) System to the City of Miami Beach. Building Inspectors,
Code Compliance Officers and Parking personnel are in the field 75% of the time and it will be
prudent to have web based technology to more closely monitor the staff's field activity to
improve safety and accountability.
Transparency Reliability Accountability Committee (TRACL
The Watson Rice Report completed in December 2008 and adopted by the Transparency
Reliability Accountability Committee included the use of additional technology, such as a
vehicle location system, as a way improve accountability and efficiency in the Building
Department.
IT Steerina Committee March 15,2010
The AVL System was discussed at the March 2010 IT Steering Committee meeting and it was
recommended that an RFP be issued. The Building and Parking Departments will initiate the
acquisition of the AVL system and potentially expand it to other City Departments.
RFP PROCESS
On June 9, 2010, the Mayor and City Commission approved the issuance of Request for
Proposals (RFP) No. 39-09/10, for the acquisition of an Automated Vehicle Locator (AVL)
System.
The City of Miami Beach requested proposals from qualified firms for an Automated Vehicle
Locator (AVL) system for the purpose of tracking vehicle location, automatic vehicle alert
monitoring and customizable reporting with real time data communication.
The purpose of tracking the vehicles is to:
- lncrease Community satisfaction with City government - lncrease safety of drivers and passengers - lncrease accountability of City staff - lmprove operational efficiency - lmprove dispatching of appropriate resources
RFP No. 39-09/10 was issued on June 14, 2010, with an original opening date of July 13,
2010. Two (2) addendums were issued which changed the opening date to July 23, 2010. A
pre-proposal conference to provide information to the proposers submitting a response was
held on June 24,2010.
Commission Memorandum - RFP#39-09-10 Acquisition of an Automated Vehicle Locator
(AVL) System
December 8,201 0
Page 3
BidNet issued bid notices to 79 prospective proposers, BidSync (formerly known as RFP
Depot) issued bid notices to 27 prospective proposers, and 57 proposers were notified via e-
mail and fax circulation, which resulted in the receipt of the following ten (10) proposals:
1. The GPS Tracking Network, Inc
2. BSM Wireless, Inc
3. MOGO
4. Skypatrol, LLC
5. GeoDecision (Gannett Fleming, Inc)
6. Networkfleet, Inc
7. Veracity Wireless, Inc d/b/a Fieldlogix (formerly Field Technologies)
8. GPS Insight, LLC
9. Location Technologies, Inc
10. Radio Satellite Integrators
On August 20, 2010, the Procurement Office received an e-mail from MOGO stating that at
that moment, MOGO declined to be part of the RFP process due to time constraints and the
fact that their supplier was already in the RFP process and they did not want to cause conflict
with them. Therefore, nine (9) proposals were presented to the Evaluation Committee
members for further review.
On September 15, the City Manager via Letter to Commission (LTC) No. 244-2010, appointed
an Evaluation Committee ("the Committeen) consisting of the following individuals:
Andrea Agha, Administrative Service Manager, Building Department
Robert Jenkins, Parking Operations Manager
Bert Dorrestyn, GIs Manager, Public Works
George Fisher, Fleet Analyst, Fleet Management Division
Josephine Pampanas, Resident and Transportation & Parking Committee member
Jason Witrock, Resident and Leadership Academy Graduate
Michelle Thomas, Resident and Leadership Academy Graduate
The Fleet Management Division's Office Associate V, Joyce Dickerson and the Building
Department's Records Manager, Victor Armendariz, served as support personnel to the
Evaluation Committee.
On September 28,2010, the Committee convened and a quorum was attained. Resident and
Leadership Academy Graduate Jason Witrock was unable to participate. The Committee
members were provided with Performance Evaluation Surveys and additional information
provided by the responsive proposers.
The following Evaluation Criteria was used to evaluate and rank the proposers:
I. System Cost to include Maintenance and Support Cost.
2. System Functionality (Real time monitoring capabilities
and ability to expansion as needs change)
3. Easy use of the Web Based System Administration, Monitoring,
Mapping and Reporting System
40 Points
30 Points
5 Points
Commission Memorandum - RFP#39-09-10 Acquisition of an Automated Vehicle Locator
(AVL) System
December 8,2010
Page 4
4. Qualification of the firm to perform the project based on past
experience, qualification, and references
5. Methodology and approach
15 Points
10 Points
The Committee discussed their individual perceptions of the proposer's qualifications,
experience, price, and competence, and ranked the proposers accordingly.
The Committee recommended inviting the two (2) top ranked proposers for presentations: 1)
Radio Satellite Integrators, Inc and 2) GeoDecisions. In addition, the Committee made the
following requests:
1. The installation of several AVL devices on City cars to monitor the proposed systems.
2. Administrator user access to both systems in order to test the reporting capabilities of
the proposed systems.
On October 19, 2010, GeoDecisons installed four (4) devices under the supervision of the
City's Fleet Management Division. The AVL devices were installed on one (1) 2007 435
Sweeper with lsuzu engine, one (1) 2007 Toyota Prius - Hybrid, and two (2) 2003 Chevrolet
Cavaliers.
In addition, administrator user access to GeoDecision's system was provided to Joyce
Dickerson (Fleet), Andrea Agha (Building), Robert Jenkins (Parking), Victor Arrnendariz
(Building), and Bert Dorrestyn (Public Works-GIs).
On October 20, 2010, Radio Satellite Integrators installed four (4) devices under the
supervision of the City's Fleet Management Division. The AVL devices were installed on one
(1) 2007 435 Sweeper with lsuzu engine, one (I) 2007 Toyota Prius - Hybrid, and two (2) 2007
Ford Focus cars.
Commission Memorandum - RFP#39-09-10 Acquisition of an Automated Vehicle Locator
(AVL) System
December 8,2010
Page 5
Additionally, administrator user access to Radio Satellite Integrators' system was provided to
Joyce Dickerson (Fleet), Andrea Agha (Building), Robert Jenkins (Parking), Victor Armendariz
(Building), and Bert Dorrestyn (Public Works-GIs).
On October 25, 2010, the Committee convened and a quorum was attained. Resident and
Leadership Academy Graduate, Jason Witrock, and Administrative Services Manager, Andrea
Agha, were unable to participate. It was decided that Victor Armendariz would replace Andrea
Agha on the Committee and attended the meeting.
During the aforementioned meeting, the Committee listened to presentations from both short
listed proposers and further discussed the proposer's qualifications, experience, price, and
competence. Additionally, the Committee listened to feedback offered by some of the
individuals provided with the user access to both proposers' sites. The Committee decided not
to score the proposers and make the final recommendation at this time due to the following:
1. Some of the individuals provided with user access to the proposer's sites stated
during the meeting that they did not have sufficient time to equally test both sites
and requested additional time. The testing of proposer's sites was extended until
November 3,2010, the next scheduled meeting for this Committee.
2. The Committee raised some IT related issues and requested IT personnel be
present at its next meeting. Bob Biles, from IT, was invited to attend the November
3,2010 Committee meeting.
3. The Committee requested that a webinar be provided by both short listed
proposers to ensure proper training on the capabilities and features of each
system. On October 27, 2010, each proposer was scheduled with a duly noticed
one (1) hour training session for the individuals with user access.
On November 3,2010, the Committee convened and a quorum was attained. The Committee
heard from all individuals with user access to the proposer's sites. In addition, the Committee
had the opportunity to ask the pertinent questions of the IT personnel present (Bob Biles) at
the meeting.
The Committee further discussed the proposer's qualifications, experience, price, and
competence and scored the short listed proposers accordingly.
Commission Memorandum - RFP#39-09-10 Acquisition of an Automated Vehicle Locator
(AVL) System
December 8,201 0
Page 6
A motion was presented by Robert Jenkins, seconded by Michelle Thomas, and unanimously
approved by all Committee members recommending the City entering into negotiation with the
top ranked proposer, Ratio Satellite Integrators, Inc. and should the Administration not be
successful in negotiating an Agreement with the top-ranked proposers, authorize negotiations
with the second-ranked proposer, GeoDecisions.
The individuals with user access to both proposer's sites highlighted the following in regards to
Radio Satellite Integrators, Inc:
The AVL system can adjust playback speed.
The bread crumb trail which reflects the car's movement is shown on playback.
Maps pan automatically.
The AVL system has an excellent management module.
Radio Satellite Integrators, Inc has an impressive client list of public entities.
Radio Satellite Integrators, Inc has a Miami Dade County Contract in place serving
approximately 1,300 units and possibly expanding this number.
Radio Satellite Integrators, Inc provided a smooth installation of the requested devices
under the Fleet Management Division's supervision. An average of 46 to 60 minutes
was dedicated to each car's installation.
Radio Satellite Integrators, Inc provided a useful one (1) hour training session.
Although not requested by the RFP, during the installation of the devices, Radio
Satellite Integrators, Inc. was asked to adapt the sensor capabilities to the device
being installed on the sweeper in order to test if the device would capture the
movement up and down of the brushes. Radio Satellite Integrators, Inc willingly
adapted the sensors without hesitation and further modified the report to reflect this
new feature.
In addition, the Committee recommended including the following as negotiation points:
The requirement for Radio Satellite Integrators, Inc to upgrade their Web Based
Administration, Monitoring, Mapping and Reporting System an ArcGlS Server
Application using the ArcGlS Silverlight API by April 201 1.
After negotiations are concluded with Radio Satellite Integrators, Inc, compare their
price pursuant to this RFP with the price provided by Radio Satellite under Miami Dade
County Contract EPP-RFP8299 and act accordingly.
Radio Satellite Integrators, Inc. is implementing a large countywide AVL system for several
departments and agencies in Miami-Dade County, including Public Works, Building Inspectors,
Neighborhood Compliance, Solid Waste, Fire, Consumer Services, Water, and Community
Action. Miami-Dade County has already installed over 1,000 devices.
SITE VISIT TO MIAMI-DADE COUNTY
On November 23, 2010, a site visit to Miami-Dade County Solid Waste Management
Department located at 2525 NW 62 St, Miami, FL 33147, was scheduled. The following City
employees attended the site visit:
Patricia D. Walker, CFO, Finance Department
Commission Memorandum - RFP#39-09-10 Acquisition of an Automated Vehicle Locator
(AVL) System
December 8,2010
Page 7
Joyce Dickerson, Office Associates, Fleet Management Division
Robert Jenkins, Parking Operations Manager, Parking Department
Bert Dorrestyn, GIs Manager, Public Works Department
George Fisher, Fleet Analyst, Fleet Management Division
Victor Armendariz, Records Manager, Building Department
Nelson Martinez, System Support, IT Department
Since April, 2010, Miami-Dade County Solid Waste Management has acquired 495 units from
Radio Satellite Integrators, Inc. and plans to install 122 additional units during the current fiscal
year. The Division Fleet Management Director at Miami-Dade County Solid Waste
Management, Daniel Diaz, stated that they were very happy with the responsiveness,
involvement, and overall performance of Radio Satellite Integrators, Inc's staff and local
installers.
Miami-Dade County Solid Waste Management recognizes that the acquisition of the AVL
system has enabled them to improve the services provided to their constituents because they
have greater tools to track service delivery time and efficiency, and address complaints in a
faster manner. In addition, the AVL system has provided employee honesty, safety, and
management responsibility and accountability.
RADIO SATELLITE INTEGRATORS, INC
Radio Satellite Integrators, Inc (RSI) has provided AVL and mobile data system since 1990.
RSI has implemented more than 200 AVL systems in several thousand vehicles and has AVL
systems in place with Miami-Dade County, City of Tampa Fire Rescue, City of Phoenix, City of
Jacksonville, Richland County, Hillsborough County Fire Rescue, Duval County Public
Schools, St. Lucie County Fire Rescue, City of Fresno, Boston Water and Sewer Commission,
Hawaii County Mass Transit, Baltimore City Public Schools, City of Austin, Consolidated Utility
District, Horry County, CEMIG, Dallas Area Rapid Transit, Erie County Water Authority, Town
of Mansfield Public Works, Louisville Gas and Electric Company, Microsoft Corporation, Yale
University Transportation, City of Cleveland Fire Department & EMS, City of Torrance Fire
Department, City of Jersey City Fire Department, Sacramento Regional Transit District,
Whatmm Transportation Authority, and the City of Long Beach.
The RSI AVL system will establish a wireless gateway between the City's vehicle fleet and
base dispatch. The RSI AVL system will provide real-time vehicle location and status data on a
customized ESRl ArcGlS Server based map interface. An RSI Mobile unit will provide location
and status data for the system as well as serve as the wireless link between vehicle and base.
The mobile GPS device can be equipped with serial ports and sensors to integrate to virtually
any devices and external status signals, such as ignition, onloff, door openlshut, lights, arm,
MDT, alarms, etc.
The Base Application will be implemented as a Web browser based system hosted by RSI.
Users interact with the system through customized ESRl ArcGIS mapping tools as well as
customized AVL viewing and reporting functions.
RSI AVL system can use any type of public data network (cellular) including: AT&T GPRS,
GSM, EV-DO, Nextel, iDEN, CDMA, and many others. Using the highly versatile V-Track
mobile unit, RSI also has the capability to use various types of two-way radio (VHFIUHF,
Commission Memorandum - RFP#39-09-10 Acquisition of an Automated Vehicle Locator
(AVL) System
December 8,2010
Page 8
800MHz1900MHzl etc) as well as virtually every field hybrid solutions.
The RSI AVL Application displays the vehicle data in a "map window". The map window can
be set to display a particular area, route, stop, or address, or to track a specific sub-set of the
entire fleet. The map window possesses a full set of map manipulation and query functionality.
Query capabilities are virtual unlimited. The RSI AVL system allows the user to set geo-fences
on the map display. This geo-fence will create an alert andlor exception report when breached
and will appear as another item of status data with each vehicle position report. Geo-fences
can be created as polygons or a configurable radius from a specific point, as well a created
from existing boundaries, landmarks or zones within the City's GIs.
Additional Ca~abilities
Radio Satellite Integrators, Inc's Web Application is compatible with any computing device
running Microsoft Internet Explorer 7 or higher, which in effect makes the RSI application
accessible from virtually any laptop, tablet PC, computer or internet terminal. RSI is currently
working on making their Web application compatible with the Windows Mobile Web browser
which tentatively should be rolling out next year. There are also optional processes to make
the application accessible through iPhone and iPad devices which are also currently a
possibility on the product road map but this option would come at an additional expense.
GEODECISIONS
GeoDecisions, a division of Gannet Fleming, Inc, was formed in 1986 and has been providing
geographic information system (GIs) and IT support to all of Gannet Fleming's divisions and
entities since 1992. As a full service resource and technology company, GeoDecisions
develops innovative solutions based on the enterprise-wide integration of GIs technologies.
GeoDecisions is IS0 9001 :2008 certified.
GeoDecisions is comprised of more than 180 programmers, database specialists, analysts,
and technicians. GeoDecisionYs strength within the global positioning system (GPSIAVL)
industry is in its ability to take the best of ESRl core mapping and map tool optimization and
combine it with extensive integration to a very broad range of tracking hardware.
GeoDecisions supplies tracking, mapping, and intelligent management of assets for federal
government, commercial, and private industry: Department of Defense (DoD), United States
Army, Federal Emergency Management Agency, (FEMA), Basic Energy Services, Inc,
Comtech Mobile Datacom Corporation, ECi Solutions, and Bahwan CyberTekLLC.
GeoDecisions proposes the GeolLS, a web-based global positioning vehicle tracing system
that allows multiple, simultaneous users to track, view, and report on the real-time speed,
location, travel, direction of hundreds of vehicles based on device information that is updated
at programmable intervals. The Tracking viewer is built on ESRlls ArcGlS Server and
Microsoft Silverlight, and presents a simple interface to view maps displaying current locations
of vehicles, vehicle's speed, direction, status, distance traveled, etc.
This information is archived daily and users will be able to search and retrieve historic
information for a time period specified by the City. GeolLS provides users with 24171365
secured access. The application supplies uses with robust mapping, routing, reporting, query,
Commission Memorandum - RFP#39-09-10 Acquisition of an Automated Vehicle Locator
(AVL) System
December 8,201 0
Page 9
analysis, and alerting utilities intended to aid them in monitoring vehicle movements and
identifying fleet problems.
GeolLS' AVL Unit Administration module provides users with the ability to add new tracking
units, edit, delete, and maintain existing information for tracking devices and vehicles. This
would allow the City to manage the application without the aid of GeoDecisions.
Additional Capabilities
GeoDecisions' web application currently runs on anything Windows IE 6.0 and higher in terms
of web access. They have a Blackberry application that will be ready before the end of the
year and their I-Phone API is scheduled to be released for Q1,2011.
NEGOTIATIONS
The City of Miami Beach envisions an AVL System turn-key solution which includes:
GPS based location and communication devices for use in transportation vehicles.
Real-Time Communication System from the vehicle devices to the tracking server.
Web Based solution to administer the system, view maps with the vehicle locations and
create reports.
Automatic monthly standard reports of vehicle locations summary and events.
Storage of data in a secure environment with minimum retention of 62 days after the
end of the reporting month.
The City is acquiring a turn-key solution to initially track approximately 110 vehicles. It is the
intent of the City to budget for and purchase additional units and extend the AVL service for
other City vehicles including those operated by Public Works, Sanitation, Police and Fire
during the term of this contract.
The final price, terms, and conditions will be negotiated with the top-ranked proposer, after the
City Commission authorizes the Administration to enter into negotiations. The contract shall be
for a five (5) year term, with two (2) two-year renewal options at the City's option.
Since Radio Satellite Integrators, Inc. the top-ranked proposer, also has been awarded a
Miami-Dade County Contract, the results of the Administration's negotiations will be compared
with the County Contract and if it is in the City's best economic interest, the City Manager will
exercise his "piggybacking" authority to utilize the County Contract and all proposals will be
rejected. If negotiations with Radio Satellite, Inc are unsuccessful, the Administration will
engage in negotiations with the second-ranked proposer, GeoDecisions.
SAVINGS
The public procurement process, which is an open and competitive, transparent process, has
again served the City to provide the lowest and best proposer for this RFP, as it has in the
past, with a proposed project cost which is approximately $39,665 lower than the $92,310
estimated initial budget presented to the IT Steering Committee. It should be noted that these
savings could potentially be increased during the negotiation process.
Commission Memorandum - RFP#39-09-10 Acquisition of an Automated Vehicle Locator
(AVL) System
December 8,2010
Page 10
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of
proposals pursuant to Request for Proposals (RFP) No. 39-09/010, for the acquisition of an
automated vehicle locator (AVL) system; authorize the Administration to enter into negotiations
with the top-ranked proposer, Radio Satellite Integrators, Inc; and should the Administration
not be successful in negotiating an Agreement with the top-ranked proposers, authorize
negotiations with the second-ranked proposer, GeoDecisions; further authorize the Mayor and
City Clerk to execute an agreement upon the conclusion of successful negotiatins by the
Administration in the estimated annual amount of $ 52,645 for the purchase and installation of
110 vehicle devices, and authorize the purchase of additional vehicle devices on an "as
needed" basis subject to funding appropriation; provided further, that in the event the City
Administration cannot negotiate an agreement with Radio Satellite Integrators, Inc or
GeorDecison, then authorizing the City Manager to reject all proposals pursuant to this RFP.
T:\AGENDA\201 O\December 8\Consent\RFP-39-09-10 AVL System 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 PROPOSALS PURSUANT TO
REQUEST FOR PROPOSALS (RFP) NO. 39-09/10, FOR THE ACQUISITION OF
AN AUTOMATED VEHICLE LOCATOR (AVL) SYSTEM; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WlTH THE TOP-
RANKED PROPOSER, RADIO SATELLITE INTEGRATORS; AND SHOULD THE
ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT
WITH THE TOP-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WlTH
THE SECOND-RANKED PROPOSER, GEODECISIONS; FURTHER
AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE AN AGREEMENT
UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION IN THE ESTIMATED ANNUAL AMOUNT OF $52,645 FOR
THE PURCHASE AND INSTALLATION OF 110 VEHICLE DEVICES, AND
AUTHORIZING THE PURCHASE OF ADDITIONAL VEHICLE DEVICES ON AN
"AS NEEDED" BASIS SUBJECT TO FUNDING APPROPRIATION; PROVIDED
FURTHER, THAT IN THE EVENT THE ClTY ADMINISTRATION CANNOT
NEGOTIATE AN AGREEMENT WlTH RADIO SATELLITE INTEGRATORS, INC
OR GEODECISONS, THEN AUTHORIZING THE ClTY MANAGER TO REJECT
ALL PROPOSALS PURSUANT TO THIS RFP.
WHEREAS, on June 9, 2010, the Mayor and City Commission approved the
issuance of Request for Proposals (RFP) No. 39-09/10, for the acquisition of an Automated
Vehicle Locator (AVL) System ("the RFP"); and
WHEREAS, the RFP was issued on June 14, 2010, with an original opening date of
July 13,2010; however, two (2) addcndums were issued which changed the opening date to
July 23, 201 0; and
WHEREAS, a pre-proposal conference to provide information to the proposers
submitting a response was held on June 24,2010; and
WHEREAS, E3idNet issued bid notices to 79 prospective proposers, BidSync
(formerly known as RFP Depot) issued bid notices to 27 prospective proposers, and 57
proposers were notified via e-mail and fax circulation, which resulted in the receipt of ten (10)
proposals; and
WkIEREAS, on September 15, the City Manager via Letter to Commission (LTC) No.
244-201 0, appointed an Evaluation Committee ("the Committee") consisting of the following
individuals:
Andrea Agha, Administrative Service Manager, Building Department;
0 Robert Jenkins, Parking Operations Manager;
Bert Dorrestyn, GIs Manager, Public Works;
0 George Fisher, Fleet Analyst, Fleet Management Division;
Josephine Pampanas, Resident and Transportation & Parking Committee member;
Jason Witrock, Resident and Leadership Academy Graduate;
Michelle Thomas, Resident and Leadership Academy Graduate; and
WHEREAS, on September 28, 2010, the Committee convened and 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 recommended inviting the two (2) proposers to made
presentations: Radio Satellite Integrators, Inc. and GeoDecisions; and
WHEREAS, on October 25, 2010, the Committee listened to presentations from both
proposers, discussed the proposer's qualifications, experience, price, and competence; and
WHEREAS, on November 3, 2010, the Committee convened and following
deliberations, recommended entering into negotiation with the top ranked proposer, Ratio
Satellite Integrators, Inc. and should the Administration not be successful in negotiating an
Agreement with the top-ranked proposers, authorize negotiations with the second-ranked
proposer, Geodecisions; and
WHEREAS, funds in the amount of $ 52,645 are available from the FY 20010/11
Budget as follows: BTC Building Tech Capital Project Account No 601-7000-229253
($13,808.83), Information and Communications Technology Fund 552 ($12,513.67), and
Parking Off Street Machinery and Equipment Account No. 480-0463-000674($26,322.50);
and
WhEWEAS, the City Manager has reviewed and concurs with the Evaluation
Committee's recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY
COMMlSSilCBN 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 Request (RFP) No. 39-0910'10, for the acquisition of an automated vehicle locator (AVL)
system; Authorize the Administration to enter into negotiations with the top-ranked proposer,
Radio Sarellite Integrators, Inc; and should the Administration not be successful in
negotiating an Agreement with the top-ranked proposers, authorize negotiations with the
second-ranked proposer, Geodecisions; further authorizing the Mayor and City Clerk to
execute an agreement upon the conclusion of successful negotiations by the Administration
in the eslirnated annual amount of $ 52,645 for the purchase and installation of 110 vehicle
devices, and authorizing the purchase of additional vehicle devices on an "as needed" basis
subject to funding appropriation, provided further, that in the event the City Administration
cannot negotiate an agreement with Radio Satellite Integrators, Inc or GeoDecisions, then
authorizing the City Manager to reject all proposals pursuant to this RFP.
PASSED AND ADOPTED THIS DAY OF 2010.
ATTEST:
CIN c L~XK MAYOR APPROVED AS TO
FORM & LANGUAGE
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, setting of a public hearing
for the Granting of Certificates of Appropriateness for the demolition of the Robert C. Haas Handball
Courts and for the demolition of a facility known as "Friendship Corner", pursuant to Miami Beach City
Code - Land Development Regulation Section 118-564 (f) (4). Both facilities are located at Flamingo
Park, 1200 Meridian Avenue.
Key Intended Outcome Supported: I To ensure well designed quality Capital Projects I
Issue:
Should the City Commission set the public hearing for the granting of Certificates of Appropriateness for
demolition of the Robert C. Haas Handball Courts and for demolition of a facility known as "Friendship
, Corner", located at 1200 Meridian Avenue?
Item SummarylRecommendation:
I
The Robert C. Haas Handball Court facility and Friendship Corner facility, located at 1200 Meridian
Avenue, were constructed within the boundaries of the Flamingo Park (Park). The handball court facility is
approximately 1,888 SF, and the Friendship Corner facility is approximately 2,202 SF. Both facilities are
comprised of a single-story structure. Due to their deteriorated condition, the Parks and Recreation
Department have not programmed the facilities for use.
The request for a recommendation to the City Commission for a Certificate of Appropriateness for
Demolition of the Robert C. Haas Handball Courts and the Friendship Corner facilities was presented to
the Historic Preservation Board (HPB), by CIP staff during the November 9, 2010 meeting. The HPB
supported the recommendation for demolition independent of obtaining a permit for any replacement
structure, however, the Board requested that Staff submit the proposed landscape plan to buffer the
potential skate park at the January 1 1, 201 1 HPB meeting for approval.
The City will also retain for the use of the handball facility patrons, four (4) existing exterior courts, and four
(4) interior courts until the new exterior handball courts are constructed. A request for a Job Order
Contracting (JOC) cost proposal for this Work has been issued.
Advisory Board Recommendation: I The Historic Preservation Board reviewed and approved this item at its meeting of November 9,2010.
Financial Information:
Financial Impact Summary: I
Source of
Funds:
I.
OBPl
City Clerk's Office Legislative Tracking: I Matilde E. Reyes, CIP Office
T:WGENDA\2010\December 8\ConsenAFLAMINGO PARK - ROBERT C. HAAS COURTS & FRIEND
SUMMARY.doc
Approved
NIA
Account
NIA 1
2
3
Total
Amount
NIA
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 rm
DATE: December 8,201 0 uC/
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF
MIAMI BEACH, SETTING OF A PUBLIC HEARING FOR THE GRANTING OF
CERTIFICATES OF APPROPRIATENESS FOR THE DEMOLITION OF THE
ROBERT C. HAAS HANDBALL COURTS AND FOR THE DEMOLITION OF A
FACILITY KNOWN AS "FRIENDSHIP CORNER" PURSUANT TO THE MIAMI
BEACH ClTY CODE - LAND DEVELOPMENT REGULATION SECTION 118-564 (F)
(4). BOTH FACILITIES ARE LOCATED AT FLAMINGO PARK, 1200 MERIDIAN
AVENUE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission set a public hearing for the January
19,201 1 meeting.
ANALYSIS
The Robert C. Haas Handball Court facility and Friendship Corner facility, located at 1200
Meridian Avenue, were constructed within the boundaries of the Flamingo Park (Park). The
handball court facility is approximately 1,888 SF, and the Friendship Corner facility is
approximately 2,202 SF. Both facilities are comprised of a single-story structure. Due to their
deteriorated condition, the Parks and Recreation Department have not programmed the
facilities for use.
On December 6, 2006, the Administration requested authorization to issue a Request for
Qualification (RFQ) No. 15-06/07, for architectural, engineering, urban design, and landscape
architectural services for the planning, design, bid and award, and construction administration
services for the Flamingo Park Project (Project).
The project Scope of Work, includes the master planning, design development, permitting, bid
and award, and construction administration for improvements including the renovation of, and
improvements to, various facilities within the Park. This includes the demolition of the existing
Haas Handball Courts to allow for the construction of a new skatepark. Also, included is the
demolition of the Friendship Comer with restoration of the area to an open sodded green space
as requested by the community. The Land Use and Development Committee recently
discussed the proposed skate park and concluded that the proposed design for the skate park
should be rejected.
Commission Memorandum Robert C. Haas Handball Court & Friendship Corner Demolition
December 8,2010
Page 2 of 2
The City will also retain for the use of the handball facility patrons, four (4) existing exterior
courts, and four (4) interior courts until the new exterior handball courts are constructed. A
request for a Job Order Contracting (JOC) cost proposal for this Work has been issued.
The request for a recommendation to the City Commission for a Certificate of Appropriateness
for Demolition of the Robert C. Haas Handball Courts and the facility known as "Friendship
Corner" was presented to the Historic Preservation Board (HPB), by CIP staff during the
November 9,201 0 meeting.
The HPB supported the recommendation for demolition of the structures independent of
obtaining a building permit for any replacement structures and requested that staff submit the
proposed landscape plan to buffer the potential skate park at the January 11, 201 1 HPB
meeting for approval.
CONCLUSION
The Administration recommends that the Citv Commission set a public hearing for the January
19,201 1 meeting to consider the granting ofs Certificate of ~~~~o~riateness for the demolition
of the Robert C. Haas Handball Courts facility, and for the demolition of the Friendship Corner
facility, located at 1200 Meridian Avenue.
Since this facility is a City owned property, the Historic Preservation Board (HPB)
recommendation is advisory to the City Commission (pursuant to City Code Section 1 18-563).
Attachment 1- HPB Order
T:\AGENDA\201OU)ecember 8\Consent\FLAMINGO PARK - ROBERT C. HAAS COURTS & FRIENDSHIP CORNER DEMOLITION
MEMO.doc
HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
MEETING DATE: November 9,2010
FILE NO:
PROPERTY:
LEGAL:
IN RE:
1200 Meridian Avenue - Flamingo Park Skate Park
All of that certain tract or parcel of land lying and being in the southwest
quarter of section 34, township 53 south, range 42 east, and in the
northwest quarter of section 3, township 54 south, range 42 east, situated
in the City of Miami Beach, County of Miami Dade, State of Florida.
The Application for a Certificate of Appropriateness for the demolition of the
existing Robert C. Haas Handball Courts, and demolition of the single story
facility known as 'Friendship Corner', and the construction of a new skate
park facility and associated landscaping, hardscape, and lighting within
Flamingo Park.
ORDER
The applicant, the City of Miami Beach, 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 property is located within the Flamingo Park Local Historic District and the
National Register Architectural District.
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 not consistent with Certificate
of Appropriateness Criteria 'a-d' in Section 118-564(a)(2) of the Miami Beach Code, is not
consistent with Certificate of Appropriateness Criteria 'a-e' & 'g-h' in Section 118-564(a)(3)
of the Miami Beach Code, and is not consistent with Certificate of Appropriateness for
Demolition Criteria '1-5' in Section 118-564(f)(4) 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:
Page 2 of 4
HPB File No. 7207
Meeting Date: November 9, 2010
1. The demolition of the Robert C. Haas Handball Courts, and the demolition of the single
story facility known as 'Friendship Corner', is recommended for approval, and may be
permitted prior to the issuance of a building permit for the skate park, subject to final
approval by the City Commission. Such areas shall be required to be sodded after
demolition and until a building permit for the skate park is issued.
2. A revised landscape plan, prepared by a Professional Landscape Architect, registered
in the State of Florida, and corresponding site plan, shall be submitted to and
approved by the Historic Preservation Board, prior to the completion of the skate park
project.
3. 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:
The final location and details of all exterior fence systems, including materials,
dimensions and finishes, shall be subject to the review and approval of staff.
The final design and details of all exterior walkways, including materials,
dimensions and finishes shall be provided, in a manner to be reviewed and
approved by staff.
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.
4. All new and altered elements, spaces and areas shall meet the requirements of the
Florida Accessibility Code (FAC).
5. 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.
6. At the time of completion of the project, only a Final Certificate of Occupancy (CO) or
Final Certificate of Completion (CC) may be applied for; the staging and scheduling of
the construction on site shall take this into account. All work on site must be
completed in accordance with the plans approved herein, as well as by the Building,
Fire, Planning, CIP and Public Works Departments, inclusive of all conditions imposed
herein, and by other Development Review Boards, and any modifications required
pursuant to field inspections, prior to the issuance of a CO or CC. This shall not
prohibit the issuance of a Partial or Temporary CO, or a Partial or Temporary CC.
7. 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, and/or it is appropriate
to modify the remaining conditions or impose new conditions.
8. The conditions of approval herein are binding on the applicant, the property's owners,
operators, and all successors in interest and assigns.
Page 3 of 4
HPB File No. 7207
Meeting Date: November 9, 2010
9. 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. 1-9, 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 "Skate Park, Certificate of
Appropriateness for New Construction and Demolition", as prepared by the City of Miami Beach
Capital Improvement Projects office, dated November 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.
Page 4 of 4
HPB File No. 7207
Meeting Date: November 9, 201 0
Dated this day of ,20-.
HISTORIC PRESERVATION BOARD
THE CITY OF MIAMI BEACH, FLORIDA
BY:
THOMAS R. MOONEY, AlCP
DESIGN AND PRESERVATION MANAGER
FOR THE CHAIR
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
20- by Thomas R. Mooney, Design and Preservation Manager,
Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf
of the corporation. He is personally known to me.
NOTARY PUBLIC
Miami-Dade County, Florida
My commission expires:
Approved As To Form:
Legal Department: (
Filed with the Clerk of the Historic Preservation Board on (
F:\PLAN\$HPB\I OHPB\No~HPB10\7207nov201O.fo.docx
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MlAMl BEACH, SETTING OF A PUBLIC HEARING FOR THE GRANTING OF
CERTIFICATES OF APPROPRIATENESS FOR THE DEMOLITION OF THE
ROBERT C. HAAS HANDBALL COURTS AND FOR THE DEMOLITION OF A
FACILITY KNOWN AS "FRIENDSHIP CORNER" PURSUANT TO THE MlAMl
BEACH ClTY CODE - LAND DEVELOPMENT REGULATION SECTION 118464
(F) (4). BOTH FACILITIES ARE LOCATED AT FLAMINGO PARK, 1200
MERIDIAN AVENUE.
WHEREAS, the Robert C. Haas Handball Court facility and the facility known as "Friendship
Corner" were constructed at 1200 Meridian Avenue, within the boundaries of the Flamingo Park; and
WHEREAS, the Robert C. Haas Handball Court facility is approximately 1,888 square feet,
and the "Friendship Corner" facility is approximately 2,202 square feet; and
WHEREAS, the Robert C. Haas Handball Court and the "Friendship Corner" facility are both
comprised of notably deteriorated single-story structures and are not utilized; and
WHEREAS, the Flamingo Park Master Plan was developed for various improvements
including the demolition of the Robert C. Haas Handball Court to allow for construction of a new
skate park and the demolition of the facility known as "Friendship Corner", providing additional
passive green space; and
WHEREAS, the Commission is following the process set forth for demolition of facilities used
by the Historic Preservation Board (HPB) within an historic district of setting a Public Hearing to
consider granting both facilities a Certificate of Appropriateness for Demolition; and
WHEREAS, this facility is a City owned property, and pursuant to City of Miami Beach City
Code Section 118-1 02(3), the HPB recommendation is advisory to the City Commission; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE ClTY
COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, that a public hearing shall be held on
January 19,201 1 to consider the granting of a Certificate of Appropriateness for the demolition of the
Robert C. Haas Handball Court, and the demolition of the facility known as the "Friendship Corner",
pursuant to Miami Beach City Code Section 1 18-563.
PASSED AND ADOPTED this day of ,2010.
ATTEST:
Robert H. Parcher, City Clerk Matti Herrera Bower, Mayor
APPROVED AS TO
FOW LANGUAGE
Date
T:\AGENDA\2010\December 8\Consent\FLAMINGO PARK - ROBERT C. HAAS COURTS & FRIENDSHIP CORNER DEMOLITION
RESO.doc
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and
authorizing the re-allocation of $1 14,205 in savings from the Seawall - Sunset Lake Park Project and
further appropriating $49,582 from Fund 384, 2003 G.O. Bonds - Neighborhood Improvements; for
additional work scope and associated fees for the Seawall - Flamingo Drive Rehabilitation Project.
Key Intended Outcome Supported: 1 Ensure Value and Timely Delivery of Quality Capital Projects; Ensure Safety and Appearance of 1
. Building Structures and sites; and ~aintain~iami each Public Areas & ~i~hts of way Citywide.
Supporting Data (Surveys, Environmental Scan, etc.): 56.8% of the Middle Beach respondents
to the 2009 Community Satisfaction Survey rated the cleanliness of canals and waterways as excellent or
good.
Issue:
Shall the City Commission approve the resolution? I
An amount of $1 14,205 in savings that had been previously appropriated to the Seawall - Sunset Lake
Park Project, in Account Number 384-2685 ($108,282) and Account Number 428-2685 ($5,923) these
savings are to be reallocated to the Seawall - Flamingo Drive Project. Furthermore an appropriation of
$49,582 from Fund 384,2003 G.O. Bonds - Neighborhood Improvements to the Seawall - Flamingo Drive
Project, for a grand total of $1 63,787, for additional scope and associated fees for the Project. This project
is part of a larger initiative to repair seawalls Citywide. Seawall repairs will minimize deposition of sediment
run-off into the Biscayne Bay, improve water quality, protect upland structures such as street end
improvements and utilities, from damages caused by seawall failure, and enhance public access to the
bayfront. The project funds repairs to the Flamingo Drive Seawall Project which has qualified for FEMA
funding. The total budget for the project includes a FEMA contribution of $16,260.
I Approve the re-allocation of funds.
Advisory Board Recommendation: 1 CIPOC
=inancia1 Information:
Financial Impact Summary: I
City Clerk's Office Legislative Tracking: I Aaron Sinnes x 6833
T:VI\GENDA\201O\December 8\Consent\Seawall- Flamingo Drive Project - SUMM 2010-12-08.d u
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: December 8,201 0
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE RE-
ALLOCATION OF $114,205 IN SAVINGS FROM THE SEAWALL - SUNSET
LAKE PARK PROJECT AND FURTHER APPROPRIATING $49,582 FROM
FUND 384, 2003 G.O. BONDS - NEIGHBORHOOD IMPROVEMENTS; FOR
ADDITIONAL WORK SCOPE AND ASSOCIATED FEES FOR THE SEAWALL-
FLAMINGO DRIVE REHABILITATION PROJECT.
ADMINISTRATION RECOMMENDATION
Approve the re-allocation of funds.
FUNDING
$98,282 from account number 384-2685-069357.
$10,000 from account number 384-2685-000356.
$5,923 from account number 428-2685-069357
$49,582 to be appropriated from Fund 384,2003 (3.0. Bond - Neighborhood
Improvements for a grand total of $163,787.
BACKGROUND
This project is part of a larger initiative to repair seawalls Citywide. Seawall repairs will
minimize deposition of sediment run-off into the Biscayne Bay Aquatic Preserve, improve
water quality, protect upland structures such as street end improvements and utilities from
damage caused by seawall failure, and enhance public access to the Bayfront. The Seawall
- Flamingo Drive Rehabilitation Project proposes to repair the existing seawall. This project
is located at the southernmost end of Flamingo Drive, at the north side of Collins Canal.
During permitting of the proposed repairs, the Florida Department of Environmental
Protection (FDEP) mandated that the existing seawall be replaced in lieu of repair because
the design requirement for a repair would have exceeded the maximum allowable
encroachment into Collins Canal. Therefore, a budget shortfall of $163,787 exists to
implement the replacement of the Flamingo Drive Seawall.
The Sunset Lake Park Seawall Project is complete and was delivered under budget by
$1 14,205. Due to this realized savings, it was determined that it would be appropriate to
Commission Memorandum - Fund Re-allocation from Seawall - Sunset Park Project to the Seawall -
Flamingo Drive Project
December 8,2010
Page 2 of 2
utilize the savings from the Seawall - Sunset Lake Park Project as well as the appropriation
of additional monies from Fund 384, 2003 G.O. Bond - Neighborhood lmprovements to
cover the remaining funding shortfall for the Seawall - Flamingo Drive Project. This sea wall
project is the best candidate for the transfer of funds the current shortfall matches closely
with the realized savings from the Sunset Lake seawall project. Most other neighborhoods
with a sea wall restoration component have been funded through the Capital budget
process. It is important to note that the seawall savings can only be used for seawall related
projects. Also, the 2003 G.O. Bond - Neighborhood lmprovements appropriated monies are
not specific to the Sunset 3 and 4 neighborhoods.
CONCLUSION
The Administration recommends that the Mayor and the City Commission authorize the re-
allocation of $1 14,205 in savings from the Seawall - Sunset Lake Park Project, and the
appropriation of $49,582 from Fund 384,2003 G.O. Bond - Neighborhood lmprovements for
additional work scope and associated fees for the Seawall - Flamingo Drive Rehabilitation
Project.
T:\AGENDA\201O\December 8\Consent\Seawall- Flamingo Drive Project - MEMO 2010-12-08.doc
RESOLUTION TO BE SUBMITTED
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting The City Manager's Recommendation Pertaining To The Ranking of Firms For Third Party
Administrator Claim Audit And Performance Evaluation Services, Authorizing The Administration To Enter Into Negotiations,
And Authorizing The Mayor And City Clerk To Execute An Agreement.
Key Intended Outcome Supported: I Control costs of payroll, including salary and fringeslminimize taxeslensure expenditure trends are sustainable over the long 1
term.
Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Community Satisfaction Survey, among the four (4)
areas of customer service measured, 85.5% of respondents agreed that "The employees that assisted me were courteous and I professional."
Issue: I Shall the Commission Adopt the Resolution?
Item SummarylRecommendation:
The City offers a program of self-funded medical plans for the benefit of its approximately 2,000 active employees, 1,850
retirees, and their covered dependents. Humana Medical Plans (Humana) has served as the Third-Party Administrator (TPA)
for the City's medical plan since January 1, 2009.
The City has the right to audit Humana's administration of its medical plans as outlined in Article VI of the City's Service
Agreement. The audit should include Humana's compliance with the terms of the performance guarantees between the City
and Humana.
The City is also seeking a firm to conduct single or multiple claim audits at the request of an individual enrolled in one of the
City's group health plans. I I
RFP No. 36-09/10 was issued and sent to over 40 firms. This outreach resulted in the receipt of proposals from the following
eight (8) firms: Brown Smith Wallace, LLC; Claim Technologies, Incorporated; Deloitte Consulting, LLP; Gallagher Benefit
Services, Inc.; Grant Thornton, LLP; Healthcare Data Management, Inc.; Siver lnsurance Consultants; and The Segal
Company. Upon Procurement performing the test for responsiveness and in consultation with the City Attorney's Office, the
proposals from both Grant Thornton and The Segal Company were deemed non-responsive.
An Evaluation Committee appointed by the City Manager reviewed, scored and ranked the proposals. Based on the published
evaluation criteria, the Committee Members ranked Gallagher Benefit Services as the top-ranked firm, Claim Technologies,
Incorporated as the second-ranked firm, and Deloitte Consulting LLP as the third-ranked firm.
The Evaluation Committee's top-ranked firm, Gallagher Benefit Services, is currently the City's benefit consultant, an entity that
was crucial in assisting the City in selecting Humana as its medical provider; their fees for the services provided to the City are
derived from commissions paid by Humana, and who was recently awarded a five (5) year agreement to continue to provide
such services. During his due diligence review of the Evaluation Committee's recommendation, and in an effort to ensure
transparency, reduce any potential perception of conflict and provide for the checks and balances necessary to conduct a
combined performance evaluation and audit of Humana services to the City, the City Manager deems it is in the City's best
interest for the Administration to enter into negotiations with his top-ranked firm, Claim Technologies, Inc. and if negotiations
are not successful, enter into negotiations with Deloitte Consulting, LLP.
1 It is recommended that the Mayor and City Commission adopt the resolution. I
Advisory Board Recommendation: I N/A
Financial Information:
a MIAMIBEACH
I Source of
Funds:
m
Amount
1
2
Account I
$61,000
Funding is available from account number 560-1 793-000303;
Administration Fees - Self Insurance Medical Health
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 Manag
DATE: December 8, 201 0
SUBJECT: A RESOLUTION OF THE M
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER RELATIVE TO THE
RANKING OF PROPOSERS, PURSUANT TO REQUEST FOR
PROPOSALS (RFP) NO. 36-0911 0, FOR THIRD PARTY
ADMINISTRATOR CLAIM AUDIT AND PERFORMANCE EVALUATION
SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WlTH CLAIM TECHNOLOGIES, INCORPORATED, AND
SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN
AGREEMENT WlTH CLAIM TECHNOLOGIES, AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE WlTH DELOITTE CONSULTING,
LLP; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT UPON THE COMPLETION OF
SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
$61,000 Funding is available from account number 560-1 793-000303; Administration
Fees - Self Insurance Medical Health
KEY INTENDED OUTCOMES SUPPORTED
Control costs of payroll, including salary and fringes1Minimize TaxesIEnsure expenditure
trends are sustainable over the long term.
BACKGROUND
The City offers a program of self-funded medical plans for the benefit of its approximately
2,000 active employees, 1,850 retirees, and their covered dependents. Humana Medical
Plans (Humana) has served as the Third-Party Administrator (TPA) for the City's medical
plan since January 1, 2009. Humana processes the City's medical claims from their
Louisville, Kentucky claim office.
The City does have the right to audit Humana's administration of its medical plans as
outlined in Article VI of the City's Service Agreement.
The audit should include Humana's compliance with the terms of the performance
Commission Memorandum
December 8, 2010
RFP No.36-09/10 Third Party Claim Audit and Perfonnance Evaluation Sentices
Page 2 of 4
guarantees between the City and Humana.
Humana provides the City with administrative services for its five (5) health care plans:
Premium Preferred Provider Organization (PPO);
Premium Health Maintenance Organization (HMO);
Point of Service (POS);
Standard Preferred Provider Organization (PPO); and
Standard Health Maintenance Organization (HMO).
The City is also seeking a firm to conduct single or multiple claim audits at the request of an
individual enrolled in one of the City's group health plans. The successful firm would, upon
the request of an enrolled individual, perform an audit of an invoice or billing statement
received from a service provider to determine the accuracy of the bill, detecting any
erroneous or duplicate charges submitted. The firm would then negotiate any appropriate
corrections to the service provider's billing with the service provider, communicating the
results directly to the employee. The selected firm would provide these ongoing services for
a period not to exceed three years.
RFP PROCESS
RFP No. 36-09/10 was issued on July 15,2010, and the Procurement Division e-mailed, as
well as uploaded the RFP to BidSync.com and BidNet, sending notifications to over 40
firms. This outreach resulted in the receipt of proposals from the following eight (8) firms:
Brown Smith Wallace, LLC; Claim Technologies, Incorporated; Deloitte Consulting, LLP;
Gallagher Benefit Services, Inc.; Grant Thornton, LLP; Healthcare Data Management, Inc.;
Siver Insurance Consultants; and The Segal Company.
Upon Procurement performing the review for responsiveness of the proposals, and in
conjunction with soliciting feedback from the City Attorney's Office, the proposals from Grant
Thornton LLP and The Segal Company were deemed non-responsive. These firms
requested exceptions to the City's terms for indemnification and cancellation as outlined in
the RFP, and were not willing to accept the City's requirements.
On September 24, 2010, the City Manager via Letter to Commission No. 253-2010
appointed an Evaluation Committee (the "Committee"), consisting of the following
individuals.
Henry Castillo Resident and Leadership Academy Graduate
Paulette Rolle Administrator, Human Resources Department
James Sutter Internal Auditor, Internal Audit Department
Katie Yanke Financial Analyst, Finance Department
Jeremy White Resident, Financial Consultant and Graduate of Leadership Academy
Mr. Joseph DiBella was added to the Committee by request of Commissioner Wolfson via
the City Manager. Upon receipt of the proposals, Mr. DiBella recused himself from
participating due to a lengthy business relationship he had maintained with the firm of
Deloitte.
The Committee convened on November 5,2010, and was provided with an overview of the
project, information relative to the City's Cone of Silence Ordinance and the Government in
the Sunshine Law. Henry Castillo was unable to attend at the last minute. Jeremy White
was nominated as Chairperson of the Committee. The Committee listened to a brief
Commission Memorandum
December 8, 2010
RFP No.36-09/10 Third Party Claim Audit and Performance Evaluation Services
Page 3 of 4
overview and participated in a question and answer session with each of the six (6)
responsive Proposers.
The Committee was instructed to score and rank each proposal pursuant to the evaluation
criteria established in the RFP, which was as follows, for a total possible 100 points:
Related experience
Proposed Methodology
Proposed Fees
Client References
Total:
30 points
30 points
30 points
10 points
100 points
The Committee discussed the pro~osals and proceeded to score as follows:
The Committee was in concurrence that each of the top three-ranked firms had vast
experience and capabilities, and each of these three firms presented an impressive
methodology relative to satisfying the requirements outlined in the RFP, and further
discussed during the Committee interview process with the Proposers.
Paulette
Rolle
Gallagher Benefit
Services, Inc.
Claim
Technologies, lnc.
Deloitte Consulting
LLP
Healthcare Data
Management, Inc.
Brown Smith
Wallace, LLC
Siver Insurance
Consultants
A motion was made, and passed unanimously, to accept the ranking as outlined above.
CITY MANAGER'S DUE DILIGENCE
80 (2)
78 (3)
85 (1)
55 (6)
70 (5)
75 (4)
The Evaluation Committee's recommended top-ranked firm, Gallagher Benefit Services
(Gallagher), is the City's current benefit consultant, assisting the City Administration in
determining the City's benefits program, which includes, but is not limited to:
Ranking of
Firm
James
Sutter
Approaching all acceptable healthcare insurance companies, on behalf of the City, in
order to present and recommend to the City the selection of one entity to provide the
specified coverage;
Providing assistance in determining the City's Group Employee Benefit Program;
Providing actuarial support and analysis of the City's self-funded medical and dental
plans;
Issuing recommendations to the City to guarantee continued, affordable medical and
dental plans options for its employees and retirees;
Preparing reports informing the City regarding market conditions that may affect the
City's policies and risk exposures prior to policy renewals;
Negotiating, on behalf of, and with direction from, the City with all carriers to obtain the
95 (1)
92 (2)
89 (3)
78 (4)
77 (5)
68 (6)
Katie
Yanke
Jeremy
White
100 (1)
95 (2)
90 (3)
88 (4)
87 (5)
83 (6)
70 (3)
78 (I)
75 (2)
60 (4)
45 (5)
40 (6)
7
8
9
18
20
22
Commission Memorandum
December 8, 2010
RFP No.36-09/10 Third Party Claim Audit and Performance Evaluation Sewices
Page 4 of 4
best prices, terms and conditions available;
7. Reviewing and evaluating existing City benefits to provide recommendations for possible
improvement of price, terms and conditions;
8. Providing an annual report summarizing coverage, anticipated market conditions,
recommendations and strategies;
9. Conducting actuarial analysis and reporting, as required for the City's GASB 45 filings;
and
10. Supporting and guiding the City on implementation and impact of the Patient Protection
and Affordable Care Act.
The agreement with Gallagher has been in effect for five (5) years, and expired on
September 30, 2010. On September 15, 2010, the Commission authorized a month-to-
month extension not to exceed six (6) months. On November 17, 201 0, the Commission
authorized the Administration to enter into negotiations with Gallagher, the top-ranked firm of
RFP 49-09-1 0, to continue to provide benefit consulting services for the City. Gallagher was
crucial in assisting the City in selecting its current medical provider, Humana Medical Plans.
Gallagher's fees for the services provided to the City are derived from commissions paid by
Humana.
After considering the recommendation of the Evaluation Committee, as well as the
Commission's recent selection of Gallagher as the City's benefit consultant, during his due
diligence review of the Evaluation Committee's recommendation, and in an effort to ensure
transparency, reduce any potential perception of conflict and provide for the checks and
balances necessary to conduct a combined performance evaluation and audit of Humana
services to the City, the City Manager deemed it is in the City's best interest for the
Administration to enter into negotiations with his top-ranked firm, Claim Technologies, Inc.
and if negotiations are not successful, enter into negotiations with Deloitte Consulting, LLP.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the attached
resolution, accepting the recommendation of the City Manager relative to the ranking of
proposers, pursuant to request for proposals (RFP) No. 36-09/10, for Third Party
Administrator Claim Audit and Performance Evaluation Services, and authorizing the
Administration to enter into negotiations with Claim Technologies, Incorporated, and should
the Administration not be able to negotiate an agreement with Claim Technologies,
authorizing the Administration to negotiate with Deloitte Consulting, LLP.
T:\AGENDA\2010\December 8\Consent\TPA Claim Audit Memo VERS 2.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THECITY MANAGER RELATIVE TO THE RANKING OF PROPOSALS,
PURSUANT TO REQUEST FOR PROPOSALS (RFP) N0.36-09/10,
FOR THIRD PARTY ADMINISTRATOR CLAIM AUDIT AND PERFORMANCE
EVALUATION SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER
INTO NEGOTIATIONS WlTH CLAIM TECHNOLOGIES, INCORPORATED,
AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN
AGREEMENT WlTH CLAIM TECHNOLOGIES, AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE WITH DELOITTE CONSULTING, LLP;
AND FURTHER AUTHORIZING THE MAYOR AND ClTY CLERK TO
EXECUTE AN AGREEMENT UPON THE COMPLETION OF
SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, the City offers a program of self-funded medical plans for the benefit
of its approximately 2,000 active employees, 1,850 retirees, and their covered
dependents; and
WHEREAS, Humana Medical Plans (Humana) has served as the Third-Party
Administrator (TPA) for the City's medical plan since January I, 2009; and
WHEREAS, the City does have the right to audit Humana's administration of its
medical plans as outlined in Article VI of the City's Service Agreement; and
WHEREAS, the audit should include Humana's compliance with the terms of the
performance guarantees between the City and Humana; and
WHEREAS, the City is also seeking a firm to conduct single or multiple claim
audits at the request of an individual enrolled in one of the City's group health plans; and
WHEREAS, on July 15, 201 0, RFP No. 36-09/10 was issued, with notifications to
over 40 firms, which resulted in the receipt of proposals from Brown Smith Wallace, LLC;
Claim Technologies, Incorporated; Deloitte Consulting, LLP; Gallagher Benefit Services,
Inc.; Grant Thornton, LLP; Healthcare Data Management, Inc.; Siver Insurance
Consultants; and The Segal Company; and
WHEREAS, the proposals from Grant Thornton LLP and The Segal Company
were deemed non-responsive; and
WHEREAS on September 24, 2010, the City Manager via Letter to Commission
No. 253-2010 appointed an Evaluation Committee (the "Committee"), consisting of the
following individuals:
Henry Castillo, Resident and Leadership Academy Graduate;
Paulette Rolle, Administrator, Human Resources Department;
James Sutte, lnternal Auditor, lnternal Audit Department;
Katie Yanke, Financial Analyst, Finance Department;
Jeremy White, Resident, Financial Consultant and Graduate of Leadership Academy; and
WHEREAS, the Committee convened on November 5, 2010, and was provided
with an overview of the project, information relative to the City's Cone of Silence
Ordinance, the Government in the Sunshine Law, listened to presentations, participated
in a question and answer session with each of the six (6) responsive Proposers, and
discussed and evaluated the proposals based on the evaluation criteria as outlined in the
RFP; and
WHEREAS, the Committee ranked Gallagher Benefit Services as the top-ranked
firm, Claim Technologies, Incorporated as the second-ranked firm, and Deloitte Consulting
LLP as the third-ranked firm; and
WHEREAS, after considering the recommendation of the Committee, the City
Manager recommends that the Administration enter into negotiations with Claim
Technologies, Incorporated, and should the Administration not be able to negotiate an
agreement with Claims Technologies, that the Administration be authorized to negotiate
with Deloitte Consulting, LLP.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE
CIN COMMISSION OF THE CIN OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission hereby accept the recommendation of the City Manager pertaining to the
ranking of proposals pursuant to Request for Proposals (RFP) No. 36-09/10, for Third
Party Administrator Claim Audit and Performance Evaluation Services, and authorize the
Administration to enter into negotiations with Claim Technologies, Incorporated; and
should the Administration not be able to negotiate an agreement with Claim
Technologies, authorize the Administration to negotiate with Deloitte Consulting, LLP;
further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of
successful negotiations by the Administration.
PASSED and ADOPTED this day of , 2010.
ATTEST:
CITY CLERK MAYOR
T:\AGENDA\2010\December 8\Consent\TPA Claim Audit Reso.doc
APPROVED AS TO
FORM & LANGUAGE
a FOR WECUTION
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
I A Resolution Approving An Assignment Of Job Order Contract (JOC) No. 23-08/09, By And Between The City I
And Unitech Builders, %orp., Dated July 15, 2009, For Horizontal Construction Projects, Which Provides For
Unitech Builders, Corp. To Assign Its Contract To David Mancini And Sons, Inc.; Further Authorizing The
Mayor And City Clerk To Execute Same.
Kev Intended Outcome Sumorted:
To ensure well-maintained facilities; and to ensure well-maintained infrastructure.
Supporting Data (Surveys, Environmental Scan, etc.): NIA
Issue:
Shall the City Commission Approve the assignment?
Item Summary1Recommendation:
Unitech, by letter dated November 17, 2010, has requested that their JOC Contract be assigned to David I
Mancini and Sons, Inc. ("David Mancini"). Pursuant to Section 18.1 of the JOC Contract, assignment of the
JOC Contract requires the written consent of the Mayor and City Commission. Key points of assignment are
as follows:
1. Unitech will continue to honor and maintain all required warranties and responsibilities for previously
completed projects and any ongoing project with the City, as of December 8,201 0.
2. Unitech's Performance and Payment Bonds will remain in effect for one year after the date of
acceptance of all completed work.
3. David Mancini and Sons, Inc. agrees to be bound by all legal terms and conditions, responsibilities,
and pricing of the JOC Contract.
4. David Mancini and Sons, Inc. agrees to furnish to the City's Risk Manager, Certificates of lnsurance or
endorsements evidencing the required insurance coverage as specified in Article 7, entitled
"lnsurance", on pages 39 and 40 of the JOC Contract.
5. David Mancini and Sons, Inc. agrees to provide Performance and Payment Bonds, each in the amount
of one million dollars ($1,000,000), guaranteeing to City the completion and performance of the work
covered in the JOC Contract, as well as full payment of all suppliers, laborers, and subcontractors,
pursuant to General Conditions, Section 00400, Paragraph 4, entitled "Performance Bond and
Payment Bond", on pages 36 and 37 of the JOC Contract.
6. David Mancini and Sons, Inc. agrees to provide additional Performance and Payment Bonds, each in
the amount of 100% of the value of any projects assigned that may exceed their initial bonding of
$1,000,000.
I THE ADMINISTRATION HAS EXERCISED ITS DUE DILIGENCE ON THE NEW JOC CONTRACTOR, I
( DAVID MANClNl AND SONS, INC., AND RECOMMENDS APPROVAL OF ASSIGNMENT. I
Advisory Board Recommendation:
I 3 1
OBPl Total I
Financial Information:
I Financial Impact ~uthmary:
I I I I
Source of Funds:
I I
City Clerk's Office Legislative Tracking:
1
AGENDA TTEM C7F
DATE &-8-/o
I Gus Lopez, extension 6641
Sign-0%:
Amount
Repartment Director
Account I Approved
Assistant City Manager City Manager
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the Ci$Chmmission
FROM: Jorge M. Gonzalez, City Manager m
DATE: December 8, 201 0 w
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI
BEACH, FLORIDA, APPROVING AN ASSIGNMENT OF JOB ORDER CONTRACT
(JOC) NO. 23-08/09, BY AND BETWEEN THE ClTY AND UNITECH BUILDERS, CORP.,
DATED JULY 15,2009, FOR HORIZONTAL CONSTRUCTION PROJECTS, WHICH
PROVIDES FOR UNITECH BUILDERS, CORP. TO ASSIGN ITS CONTRACTTO DAVID
MANClNl AND SONS, INC.; FURTHER AUTHORIZING THE MAYOR AND ClTY CLERK
TO EXECUTE SAME.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
To ensure well-maintained facilities; and
To ensure well-maintained infrastructure.
ANALYSIS
Based on the results of the City's JOC program coupled with the high volume of anticipated
construction projects, the City issued on March 24, 2009, six (6) separate Invitations to Bid
(ITB) for the various categories of construction-related work:
ITB 22-08/09 - Vertical
ITB 23-08/09 - Horizontal
ITB 24-08/09 - Electrical
ITB 25-08/09 - Mechanical
ITB 26-08/09 - WaterproofingIPainting
ITB 27-08/09 - Roofing
On April 24,2009, the City received sixty-two (62) bids overall by forty-eight (48) contractors.
A Technical Review Panel convened and reviewed all bids received and participated in
interviewing twenty-four (24) shortlisted contractors, who were represented by their
respective project managers, site superintendents, and cost estimators.
At its July 15, 2009 meeting, the Mayor and City Commission awarded Job Order Contract
No. 23-08/09, for horizontal construction projects, to the following contractors:
JOC Contract Assignment
December 8,2010
Page 2 of 4
1. Carivon Construction Co.;
2. Downrite Engineering Corp.;
3. Envirowaste Services Group;
4. GEC Associates, Inc.;
5. H.A. Contracting Corp.;
6. Ric-Man International, Inc.; and
7. Unitech Builders Corp.
Downrite Engineering failed to provide the required Performance and Payment Bonds;
therefore, the City did not enter into an agreement with Downrite Engineering. All other
contractors, including Unitech Builders Corp. (Unitech), provided all the necessary
documents, bonds, and insurance certificates, and executed JOC agreements with an
effective date of July 15, 2009.
It is important to note that Unitech has the lowest adjustment factors of any of the horizontal
contractors for overtime and non-prepriced work. Also, Unitech has the second lowest
adjustment factor of any of the horizontal contractors for normal time work. Therefore, if the
City Commission approves the assignment of contract, David Mancini and Sons, Inc. will be
bound by the same low adjustment factors currently under Unitech's contract.
CONTRACTOR NORMAL TIME OVERTIME NON-PREPRICED
1 Carivon Construction 1.0287 1.0315 1.0660
Envirowaste
The aforementioned adjustment factors represent the contractor's only adjustment to the
prices published in the Construction Task Catalog and must include all indirect costs such
as overhead, profit, payment and performance bonds, insurance, design and contingency
costs.
GEC Associates
H.A. Contracting
Ric-Man International
Unitech Builders
Unitech, by letter dated November 17, 2010, has requested that their JOC Contract be
assigned to David Mancini and Sons, Inc. ("David Mancini"). See attached letter from
Unitech. Pursuant to Section 18.1 of the JOC Contract, assignment of the JOC Contract
requires the written consent of the Mayor and City Commission.
1.0223
The potential value of the contract is $23,562,646. The dollar amount is based on the
Unitech's contract having a maximum value of $25 million over five (5) years. Since July
2009, Unitech has been issued work valued at $1,437,353.38.
1.0000
1.0190
1.0223
1.0060
The Administration has exercised its due diligence on the new JOC Contractor, David
Mancini and recommends said assignment based on the following:
1.0456
KEY PERSONNEL
1.0500
- -
1.0200
1.0456
1.0456
1.0060
David Mancini has put together a qualified team of design and construction professionals
who have demonstrated the ability to successfully perform and execute projects. The key
personnel of David Mancini and Sons are as follows:
10660 p
1.0660
1.0158
1.0060
JOC Contract Assignment
December 8,2010
Page 3 of 4
David Mancini, President. Mr. Mancini has over 30 years construction experience
in South Florida. He is currently holds a state of Florida Underground Utility
License (#CU-C0442220).
Until recently, Mr. Mancini was President of Ric-Man International where he
oversaw up to $35 million in projects.
Some of the key projects listed in Mr. Mancini's resume include:
a. Washington Avenue Improvements. Over % mile of complete roadway,
infrastructure and beautification improvements along a heavy pedestrian and
retaillhotel corridor. Project consisted of drainage, water mains, sidewalks
and curbs & gutters, landscaping, gravity wells, roadway, signalization,
lighting and markings.
b. Miami River Water Main Project. Over 800 feet of new 30" water main
designed as open cut but converted by Mr. Mancini to designlbuild directional
drill, which resulted in saving Miami-Dade county time and money and
resolving easement issues. Project consisted of directional drilling water
main under river, sidewalks and curb & gutters, and roadway restoration.
c. Replacement of 48" Force Main. Over 5,000 feet of 48 PCCP removal in
right-of-way replaced with 48" DIP in 8 months including design, permits and
construction.
d. Broward County Broadview Neighborhood. Over 120,000 feet of water
mains throughout a 470 residential neighborhood. This project also required
service connections on private property behind homes.
Albert Dominguez, Project Manager. Mr. Dominguez was the Senior Project
Manager with Ric-Man International, and he was responsible for managing over
$27 million of capital improvements projects. He is a licensed Professional
Engineer.
Some of the key projects listed in Mr. Dominguez's resume include:
a. Nautilus Neighborhood No. 7 Improvements. Project consisted of installing
a new water main and connecting homes in front and rear, drainage
improvements including more than 250 structures, 18,000 LF of drainage
pipe, and six (6) pump stations, lighting landscaping, and hardscape
improvements throughout. Construction had to content with
accommodating the needs of the 772 residents and two (2) schools.
b. Lumus Neighborhood Improvements. Project consisted of refurbishing 10
urban streets with over 13,000 LF of water main, and drainage pipe. Close
coordination with 119 business owners, 485 residents, public
transportation, schools, restaurants, valet parking and night clubs.
JOC Contract Assignment
December 8,2010
Page 4 of 4
BONDING CAPACITY
David Mancini and Sons, Inc. has a total program bonding capacity of $100 million. Their
Surety, Liberty Mutual lnsurance Company, carries an A.M. Best Rating of A, which is
considered excellent. See attached letter from Nielson, Hoover & Associates, dated
November 22,2010.
KEY POINTS OF ASSIGNMENT
I. The Consent to Assignment and First Amendment to the JOC Contract, will have an
effective date of December 8,201 0, and remain in effect throughout the remainder of
the current term of the JOC Contract, scheduled to expire July 14, 2014.
2. Unitech will continue to honor and maintain all required warranties and
responsibilities for previously completed projects and any ongoing project with the
City, as of December 8, 201 0.
3. Unitech's Performance and Payment Bonds will remain in effect for one year after
the date of acceptance of all completed work.
4. David Mancini and Sons, Inc. agrees to be bound by all legal terms and conditions,
responsibilities, and pricing of the JOC Contract.
5. David Mancini and Sons, Inc. agrees to furnish to the City's Risk Manager,
Certificates of lnsurance or endorsements evidencing the required insurance
coverage as specified in Article 7, entitled "Insurance", on pages 39 and 40 of the
JOC Contract.
6. David Mancini and Sons, Inc. agrees to provide Performance and Payment Bonds,
each in the amount of one million dollars ($1,000,000), guaranteeing to City the
completion and performance of the work covered in the JOC Contract, as well as full
payment of all suppliers, laborers, and subcontractors, pursuant to General
Conditions, Section 00400, Paragraph 4, entitled "Performance Bond and Payment
Bond", on pages 36 and 37 of the JOC Contract.
7. David Mancini and Sons, Inc. agrees to provide additional Performance and Payment
Bonds, each in the amount of 100% of the value of any projects assigned that may
exceed their initial bonding of $1,000,000.
The attached consent to assignment and resolution has been reviewed and form approved
by the City Attorney's Office.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the
assignment of JOC Contract No. 23-08/09 from Unitech Builders, Corp., to David Mancini
and Sons, Inc.
RESOLUTION NO.
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 A CONSENT TO ASSIGNMENT AND FIRST AMENDMENT TO
JOB ORDER CONTRACT (JOC) NO. 23-08/09, BETWEEN THE ClTY AND UNITECH
BUILDERS, CORP., WHICH PROVIDES FOR UNITECH TO ASSIGN THE JOC
CONTRACT TO DAVID MANClNl AND SONS, INC.
WHEREAS, on July 15, 2009, the Mayor and City Commission approved Job Order
Contract No. 23-08/09, for Horizontal Construction Projects, dated July 15, 2009, with Unitech
Builders, Corp. (the JOC Contract); and
WHEREAS, Unitech Builders, Corp., also referred to herein as Assignor, now wishes to
assign the JOC Contract to David Mancini and Sons, Inc. (Assignee andlor the new JOC
Contractor); and
WHEREAS, pursuant to Section 18.1 of the JOC Contract, assignment of the JOC
Contract requires the written consent of the Mayor and City Commission; and
WHEREAS, the Administration has exercised its due diligence on the new JOC
Contractor and recommends said assignment; and
WHEREAS, the Administration recommends that the Mayor and City Commission hereby
approve and authorize the Mayor and City Clerk to execute the attached Consent to Assignment
and First Amendment to JOC Contract No. 23-08/09, which shall have an effective date of
December 8, 2010, and remain in effect throughout the remainder of the current term of the JOC
Contract, scheduled to expire on July 14, 2014; and
WHEREAS, notwithstanding the requested assignment, Unitech Builders, Corp. will
continue to be responsible for, and maintain all required warranties and responsibilities for,
previously completed projects and any ongoing project with the City prior to the effective date of
the assignment.
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 City Clerk to execute a Consent to
Assignment and First Amendment to Job Order Contract (JOC) No. 23-08/09, dated July 15,
2009, by and between the City and Unitech Builders, Corp., which provides for Unitech Builders,
Corp. to assign the JOC contract to David Mancini and Sons, Inc.
PASSED and ADOPTED this - day of ,2010.
ATTEST:
City Clerk
T:\AGENDA\201O\December 8\Consent\AssignmentResolution.doc
Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CONSENT TO ASSIGNMENT
AND
FIRST AMENDMENT TO JOB ORDER CONTRACT (JOC)
NO. 23-08/09
WITH
UNITECH BUILDERS, CORP. DATED JULY 15,2009
The Consent to Assignment and First Amendment to Job Order Contract (JOC)
No. 23-08/09, to provide Horizontal Construction Projects, dated July 15, 2009, is
entered into this 8th day of December 2010 (Effective Date), by and among the City of
Miami Beach, a Florida municipal corporation, whose address is 1700 Convention
Center Drive, Miami Beach, Florida 33139; Unitech Builders, Corp., a Florida
corporation, whose principal address is 161 15 SW 11 7 Avenue, Suite 23, Miami, Florida
33177, as Assignor of aforestated JOC Contract; and David Mancini and Sons, Inc., a
Florida corporation, whose principal address is 1931 NW 40 Court, Pompano Beach, FL
33064, as the new JOC Contractor and Assignee under said assignment (as herein
below consented to by the City).
WITNESSETH:
WHEREAS, on July 15, 2009, the City of Miami Beach, Florida (the City)
entered into a JOC contract with Unitech Builders, Corp. (Contractor and/or Assignor)
pursuant to Job Order Contract (JOC) No. 23-08/09, to provide Horizontal Construction
Projects (the JOC Contract); and
WHEREAS, Contractor now wishes to assign the JOC Contract to David Mancini
and Sons, Inc. (Assignee or the new JOC Contractor); and
WHEREAS, pursuant to Section 18.1 of the JOC Contract, assignment of the
JOC Contract requires the written consent of the Mayor and City Commission; and
WHEREAS, the Administration has exercised its due diligence on the new JOC
Contractor and recommends said assignment; and
WHEREAS, at its regular meeting on December 8, 2010, the Mayor and City
Commission approved the following Consent to Assignment and First Amendment to
the JOC Contract; and
WHEREAS, the following Consent to Assignment and First Amendment to the
JOC Contract, shall have an effective date of December 8, 2010, and remain in effect
throughout the remainder of the current term of the JOC Contract, scheduled to expire
July 14, 2014; and
WHEREAS, notwithstanding the requested assignment, David Mancini and Sons,
Inc. will assume all of the remaining obligations and responsibilities originally
undertaken by Unitech Builders, Corp.
NOW, THEREFORE, the City, Assignor, and the new JOC ContractorlAssignee,
for and in consideration of the mutual covenants, agreements and undertakings herein
contained, do by these presents mutually covenant and agree to assign and amend
JOC Contract No. 23-08/09, as follows:
The City hereby consents to the assignment of the JOC Contract, from
Unitech Builders, Corp. (also referred to as the ContractorlAssignor), to
David Mancini and Sons, Inc. (also referred to as new JOC
ContractorlAssignee). Assignor and new JOC ContractorIAssignee
hereby acknowledge and agree to said assignment, and Assignee further
agrees to be bound by the terms and conditions of the JOC Contract, as
amended by this Consent to Assignment and First Amendment; all as
further evidenced by the parties' execution of the Consent to Assignment,
attached hereto and incorporated herein as Exhibit A.
2. On or before the Effective Date, the new JOC Contractor shall furnish to
the City's Risk Manager, Certificates of lnsurance or endorsements
evidencing the insurance coverage specified in Article 7, entitled
"Insurance", on pages 39 and 40 of the JOC Contract.
3. On or before the Effective Date, the new JOC Contractor shall agree to
provide Performance and Payment Bonds, each in the amount of one
million dollars ($1,000,000), guaranteeing to City the completion and
performance of the work covered in the JOC Contract, as well as full
payment of all suppliers, laborers, and subcontractors, pursuant to
General Conditions, Section 00400, Paragraph 4, entitled "Performance
Bond and Payment Bond", on pages 36 and 37 of the JOC Contract.
4. Section 6.6, entitled "Notices", on page 8 of the JOC Contract, shall be
amended, in part (deleted items and inserted items
underlined), to reflect the new JOC Contractor's contact information as
follows:
The address for notices to Contractor is:
David Mancini and Sons. Inc.
1931 NW 40 Court
Pompano Beach, Florida 33064
Attn: David Mancini
5. Except as otherwise specifically amended herein, all other terms and
conditions of the JOC Contract, shall remain in full force and effect. In the
event there is a conflict between the terms provided herein and the JOC
Contract, the provisions of this Assignment and First Amendment shall
govern.
IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY:
ATTEST:
By:
City Clerk
Robert Parcher
FOR ASSIGNOR:
ATTEST:
By:
Secretary
Print Name
FOR NEW CONTRACTORIASSIGNEE:
ATTEST:
By:
Secretary
Print Name
CITY OF MIAMI BEACH, FLORIDA
Mayor
Matti Herrera Bower
UNITECH BUILDERS, CORP.
President
Print Name
DAVID MANClNl AND SONS, INC.
President
Print Name
APPROVED AS TO
FORM & LANGUAGE
T:MGENDA\201 O\December 8\ConsentMssignmentConsent.doc & FOR EXECUTION n
EXHIBIT A
CONSENT TO ASSIGNMENT
Job Order Contract (JOC) No. 23-08/09, dated July 15, 2009
This Assignment is being entered into on this 8th of December 2010, by and between
UNITECH BUILDERS, CORP. (Assignor), a Florida corporation, and DAVID MANCllNl
AND SONS, INC. (New JOC ContractorIAssignee), a Florida corporation whose principal
address is 1931 NW 40 Court, Pompano Beach, FL 33064.
WITNESSETH, that for valuable consideration in hand paid by the Assignee to the
Assignor, receipt of which is hereby acknowledged, the Assignor hereby assigns and
transfers to the New JOC ContractorIAssignee, and Assignee hereby accepts, all of its
right, title and interest in and to the following described agreements:
1. Assignee agrees to be bound and shall comply with all legal terms and
conditions, and responsibilities outlined in JOC Contract No. 23-08/09;
2. Assignor will continue to honor and maintain all required warranties and
responsibilities for previously completed projects and any ongoing project
with the City, as of Effective Date (i.e. December 8, 2010).
IN.WITNESS WHEREOF, the parties hereto have executed this Assignment on the day
and year first above written.
UNITECH BUILDERS, CORP (Assignor)
BY
President1 Signature Date
Print Name
DAVID MANClNl AND SONS, INC (New JOC ContractorlAssignee)
BY
President1 Signature
Print Name
ATTEST:
Secretary1 Signature
Print Name
Date
Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
NIELSON, HOOVER & ASSOCIATES
November 22,2010
W
U
5 City of Miami Beach, Florida % City Hall
1700 Convention Center
4 Miami Beach, Florida 33139 W
Y
RE: DAVID MANCINI & SONS, INC.
4 i
t Gentlemen: z
E!
!--
3 This is to advise you that our office provides suretyship for David Mancini & Sons, Inc. Their Surety is
Liberty Mutual Insurance Company, which carries an A. M. Best Rating of A (Excellent), Financial Size
Category of XV, and is listed in the department of the Treasury's Federal Register. David Mancini &
Sons, Inc. has a bonding capacity on individual projects of $25,ooo,ooo and a total program capacity of
V, about $~oo,ooo,ooo. 0 f
Based upon normal and standard underwriting criteria at the time of request, we should be in a position
to provide Performance and Payment Bonds for David Mancini & Sons, Inc. It must be understood, I
2 however, that we reserve the right to review all contractual documents prior to final commitment to issue
anybonds.
z
0
3 David Mancini & Sons, Inc. is an excellent contractor and we hold them in high regard, We feel LU z extremely confident in them and encourage you to offer them an opportunity to execute any upcoming
" projects. z e :: This letter is not an assumption of liability, nor is it a bid or performance and payment bond. It is issued
W
L; rn
only as a bonding reference requested by our respected client.
2 Please understand that our willingness to provide surety on this or any project is predicated upon specific
criteria at the time of the bond request including, but not necessarily limited to, a review of all contract z " documents, bond forms, financing and all other pertinent underwriting factors. r u
CY ",f I can provide any additional information on thii fine company, please do not hesitate to give me a call 2 at (305) 722-2663. z
President
8000 Governors Square Boulevard
Suite 101
Miami Lakes, FL 33016
P: 305.722.2663
F: 305.558.9650
www ntelsonborids.com
November 17,ZOPO
Thea Carrasca, Ph.D.,.Prawrernent Coordinator
City of Miami Beach Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
RE: Assignment af Job Order Contract IT5 23-08/09
Mr. Carrasco:
Unitach B~i~tfcr5 would like to assign lab Order Contract No. 23 08/09 C-larizontal
Citywide Services with the City of Miami Beach to David Mancini and Sons, Inc.
This assignment will be effective upon City Commission approval on'Dscember 8,
2 010,
. If you haveany questions, please do not hesitate to contact me.
Thank'you,
Anthony R tomez
President
161 15 SW 11 7 Avmurs, Suitc '23 * Miami, Florida 33 1 77 Pilotre 305.259,1980 -Fax 305.259.197U
CGC # 054992
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution revising the "Special Events Requirements and Guidelines," by amending sections entitled "Weddings
and Ceremonies," "Minimum Requirements," "Internal Review Procedure," "Criteria for Grant of a Special Event
permit," "External Review Procedure," "Adherence to Regulations and other Poicies," "Beach Vehicle Access Policy,"
"Event Signage," "Product Promotion/Temporary Sampling", Enforcement and Penalties; and further amending the
special event fee schedule.
Key Intended Outcome Supported:
Improve availability and accessibility of special events.
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey indicated
that more than two-thirds of all residential respondents surveyed, 69.6%, reported the City is doing either a "very good"
(17.5%) or a "good, (52.1%) job handling events that attract large crowds to Miami Beach. This number is up from
Issue:
Item SummarylRecommendation: I The City Commission on September 20, 201 0 via Resolution No. 201 0-2751 9 approved amendments to the City's
special event fees that instituted late fees and wedding permit fees. Amendments incorporating these changes into
the Guidelines. The Administration is also recommending additional amendments to the Guidelines to conform
penalty provisions to the noise ordinance. In July 2009, the Land Use and Development Committee discussed the
City's special event permitting process. As a result of that meeting, the Land Use and Development Committee
instructed the Administration to prepare an ordinance adding review criteria to the Planning Board's Conditional Use
process that evaluates the way Special Event Permit related to the Board's Final Order. Additionally, the Committee
also asked the Administration to review additional special event regulations that may need to be codified.
Subsequently, the Administration reviewed the guidelines and determined that the City's Administrative Policy for
repeat violators of special event permits should be formally incorporated into the guidelines. They were developed to
clarify Section 12-5(9)(b) of the City Code and impose additional penalties, in addition to fines for violations of this
Section of the City Code.
On May 25, 2010, the Neighborhoods and Community Affairs Committee reviewed the City's temporary sampling
regulations and recommended revisions to the guidelines regarding distance separation from existing sidewalk cafes
and tightening the definition of "mobile1' sampling. This amendment to the guidelines is also being recommended at
this time. The amendments prohibit sampling from moving vehicles and sampling within 20 feet of an approved
sidewalk cafe. While these restrictions were referenced, the Committee felt the guidelines needed further clarification.
Additional changes clarify the Vehicle Access Pass policy as pertaining to all beach, park and pedestrian use areas.
Currently the pass is intended only for beach use. Another change clarifies waiver provisions for non-profit groups.
Attached are the detailed amendments to the Special Event Requirements and Guidelines. The Administration
recommends approval of the Resolution.
Advisory Board Recommendation: I Finance and Citywide Projects Committee recommended approval during their June, July and August 2010 meetings. I
Financial Information:
I source of Amount I Account
City Clerk's Office Legislative Tracking: I Max A. Sklar, Tourism and Cultural Development Director
Funds: n
OBPl
Sian-Offs:
I
2
Total
AGENDA ITEM e7 W
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Mayor Matti Herrera Bower and Members of the City Commission
#
Jorge M. Gonzalez, City Manager
December 8, 2010
SUBJECT: A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI
BEACH, REVISING THE "SPECIAL EVENTS REQUIREMENTS AND
GUIDELINES," BY AMENDING THE SECTIONS ENTITLED "WEDDINGS AND
CEREMONIES," "MINIMUM REQUIREMENTS," INTERNAL REVIEW
PROCEDURE," "CRITERIA FOR GRANT OF SPECIAL EVENT PERMIT,"
"EXTERNAL REVIEW PROCEDURE," "ADHERENCE TO REGULATIONS
AND OTHER POLICIES," "BEACH VEHICLE ACCESS POLICY," "EVENT
SIGNAGE," "PRODUCT PROMOTIONITEMPORARY SAMPLING", AND
"ENFORCEMENT AND PENALTIES;" AND FURTHER AMENDING THE
SPECIAL EVENT FEE SCHEDULE, AND HEREBY PERMITTING AND
RESTRICTING FURTHER USES ON PUBLIC PROPERTY.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
BACKGROUND
The City of Miami Beach has become the location of choice for a number of activities and special events in
South Florida. The Tourism and Cultural Development (TCD) Department coordinates the permitting of
special events, including review by the appropriate neighborhood association, in an effort to complement the
ambience and aesthetics of the area in which the events are presented.
TCD supports events on public property and other properties where the proposed event requires a Special
Event Permit and is responsible for assisting producers with special events guidelines and permit
requirements and the issuance of Special Events Permits. In addition, TCD staff serves as liaison between
local and regional associations and agencies in addressing the delivery of city services, and assists
neighborhood associations with maintenance of events criteria.
A City of Miami Beach Permit is required for special events, which is defined as a temporary use on public or
private property that would not be permitted generally or without restriction throughout a particular zoning
district, but would be permitted if controlled with special review. Applications are processed on a first come,
first serve basis unless otherwise provided for under the booking policy. Applicants must provide 60 days
notice for public use and 30 days notice for private use. The special event process is a review and approval
process in which all aspects of an event are coordinated through internal, neighborhood and permitting
reviews.
In 1988, the City Commission approved a set of requirements for any applicant who wishes to hold a special
event in the City of Miami Beach. The Special Events Requirements and Guidelines were designed to help
guide applicants through the process of applying for a Special Events Permit, while ensuring minimal
disruption to the impacted surrounding environment. In 1995, via Resolution No. 95-21684, several revisions to
the guidelines were adopted, but the procedures set forth did not adequately address a variety of issues
associated with the production of special events. In 1998, via Resolution No. 98-23003, the guidelines were
amended to incorporate direction received from neighborhood associations, property owners and citizen
groups. Subsequently, in 2001, Ordinance No. 2001-3302 and the corresponding Resolution No. 2001-24341
Page 2 of 4
December 8,201 0
City Commission Meeting
Special Events Guidelines Amendment 201 0
were adopted by the City Commission, which codified the Special Event permit process and adopted separate
guidelines with procedures, requirements and criteria for the issuance of permits for special events in Miami
Beach. In July 2005, additional amendments were made to the City Code and Special Events Requirement
and Guidelines relating to the definition of a special event, consecutive day clause, permit application
deadlines, neighborhood review and fines associated with the special event permit.
In 2008, via Resolution 2008-26908, additional amendments to the Special Event Guidelines were made
pursuant to direction from the Finance and Citywide Projects Committee. In addition to generating additional
revenue for the City, a permit process for promotional hand-to-hand giveaways, which were unregulated by the
City and took place regularly throughout the City without a permit, was created. These giveaways range from
food (e.g. yogurt, protein bars, chips, etc.), to drinks (e.g. sodas, energy drinks, etc.), to products (e.g.
sunscreen, chapstick, t-shirts, CD's, etc.). The Amendment to the Special Event Requirements and
Guidelines was approved on September 17,2008 by the City Commission and became effective October 1,
2008.
PROPOSED AMENDMENTS
The following amendments to the guidelines are recommended to address recent changes approved by the
Commission:
As you may recall, weddingslceremonies were previously handled with an informal permitting process. A
member of the public who would like to hold a simple weddinglceremony on public property with minimal
elements (chairs, runner, and archway), would notifL the City in the form of a simple one-page
questionnaire submitted online via the City's website. The City then confirmed the elements and
authorized the use. The Administration conducted a cost recovery analysis of the weddinglceremony
permit process. Based on an annual average of 250 weddinglceremony permits being issued, the City
spends $123 to process a permit. Based on this cost, during the budget process this year, City staff
recommended the charging of a permit fee.
Additionally, at that time the Administration recommended the implementation of late fees for special event
permits. Approximately one quarter of all permit applications are either submitted late or requirements are
submitted past required deadlines. The Administration believes a late fee is necessary to encourage
applicants to be more responsible and, if they are not timely, to pay a penalty. The late fee that was
presented to the Finance Committee during this year's budget process was as follows:
If application is received later than required deadline (60 days for events on public property; 30 days
for events on private property) andlor if requirements for approval of special event permit are not
received in the Office of Special Events 15 days before the load-in of the event commences.
0 to 1499 attendees $250
1500andaboveattendees $500
During the June, July and August 25 Finance and Citywide Projects Committee meetings, the Committee
discussed the aforementioned fees and subsequently directed the City Administration to implement new
fees in the FY 201 011 1 budget for wedding ceremonies ($1 25) and to institute late fees for special event
permits. These changes to the special event fees were approved by the City Commission on September
20, 201 0 via Resolution No. 201 0-2751 9. The proposed amendment will include this information in the
guidelines (Section I.A.111 -Weddings and Ceremonies; Section I.A. VII - Minimum Requirements; Late
Application Fee).
In July 2009, the Land Use and Development Committee discussed the City's special event permitting
process. As a result of that meeting, the Land Use and Development Committee instructed the
Administration to prepare an ordinance adding review criteria to the Planning Board's Conditional Use
process that evaluates the way Special Event Permits relate to the Board's Final Order. Additionally, the
Committee also asked the Administration to review other special event regulations that may need to be
Page 3 of 4
December 8,201 0
City Commission Meeting
Special Events Guidelines Amendment 201 0
Subsequently, the Administration reviewed the guidelines and determined that the CitylsAdministrative Policy
for repeat violators of special event permits should be formally incorporated into the guidelines. They were
developed to clarify Section 12-5(9)(b) of the City Code and impose additional penalties, in addition to fines for
violations of this Section of the City Code (Section Ill). The policy states the following:
In the event of a fourth violation of a condition of a special event permit within the preceding 12 month
period of time, in addition to the fine, the property andlor event producer will be restricted from
receiving a special event permit for a three (3) month period of time.
In the event of a fifth violation of a special event permit within six (6) months following the 4th offense,
in addition to any fine, the property andlor event producer will be restricted from receiving a special
event permit for an additional six (6) month period of time. Furthermore, the property andlor the event
producer are considered to be a habitual offender.
Each violation shall constitute a separate offense for which a separate fine is imposed.
An offense shall be deemed to have occurred on the date the violation occurred. Restrictions imposed
pursuant to this section shall be imposed by City Administration after finding an offense warranting
suspension or restriction has occurred.
Additionally, the event security deposit will be immediately forfeited upon the issuance of a written
offenselviolation. The City may increase the security deposit requirement for any future permit.
On May 25, 2010, the Neighborhoods and Community Affairs Committee reviewed the City's temporary
sampling regulations and recommended revisions to the guidelines regarding distance separation from
existing sidewalk cafes and tightening the definition of "mobile" sampling. This amendment to the
guidelines (Section I.A.V. - Product Promotion/Temporary Sampling) is also being recommended at this
time. The amendments prohibit sampling from moving vehicles and sampling within 20 feet of an
approved sidewalk caf6, outdoor cafe, outdoor restaurant, etc. While these restrictions were referenced,
the Committee felt the guidelines needed further clarification.
Adds additional criteria for the Manager's consideration when considering a special event permit for events
that feature a public benefit component (Section 1.B.ll.e.).
Includes language clarifying that the City is not responsible for any expenses incurred by the applicant
(Section I.B.111.).
Adds the Monthly Special Events Community Review meeting as an additionallalternative review
opportunity (Section I.C.).
Changes from "weeks" to "days" the requirement for the deadline for payment for City services (Section
I.D.11)
Includes clarification language for required verification for light post banners for 501 O 3 non-profits
(Section II.E.III).
Additional proposed changes clarify the Vehicle Access Pass policy as pertaining to all beach, park and
pedestrian use areas. Currently the pass is intended only for beach use. This change allows proper
regulation of safety needs for events that require access to non-beach authorized areas, such as
greenspace (Section 1I.A). Another change clarifies waiver provisions for non-profit groups (Section I.A.VII-
Minimum Requirements) and amends the submission date for the Indemnity Agreement and lnsurance
documents (Section I.A.VII - Minimum Requirements, lndemnity Agreement; Insurance Requirements).
Additionally, language regarding a Reinstatement fee has been included in this section.
Page 4 of 4
December 8,201 0
City Commission Meeting
Special Events Guidelines Amendment 2010
CONCLUSION
The Administration recommends amending the Special Events Requirements and Guidelines, as specified in
the attachment to reflect previously approved changes to the Special Event Ordinance, as well as to reflect
clarification language. Pursuant to Chapter 12, Article 2, Section 12-5 of the City Code, changes to the
Special Events Requirements and Guidelines must be approved by Resolution. These attached amendments
to the Special Events Requirements and Guidelines will provide better oversight and regulation.
T:\AGENDAL?OIO\December 8\Consent\Special Events admendment Guidelines memo - Nov 2010.doc
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
TOURISM AND CULTURAL DEVELOPMENT
FILM & EVENT PRODUCTION MANAGEMENT
Tel: 305-673-7577 , Fax: 305-673-7063
UPDATED ~Plovember XXBU
SPECIAL EVENTS
REQUIREMENTS AND GUIDELINES
The City of Miami Beach ("City") hosts a wide variety of special events that enrich the community for both visitors
and residents. To mitigate the ever-increasing demands made upon City resources and infrastructure, applicants
are required to present proposed special event activities to potentially impacted neighborhood associations and
appropriate City departments to ensure that these events are compatible with the surrounding neighborhoods.
This process assists in evaluating and assessing the City's resources, both in terms of personnel and use of
public property and right-of-ways, to adequately protect the public safety, health and welfare of the community.
This review may also require a more detailed and coordinated Major Event Plan, especially during holiday or
repeat event periods that have a high impact on City services. The Special Events Ordinance (Chapter 12, Article
II, Section 12-5 of the Miami Beach City Code) and the Special Events Requirements and Guidelines are
intended, insofar as possible, to mitigate the costs of City services for special events, although it is not the
intention that the costs of special events permit fees be used for revenue generation.
The intent of the Special Event Ordinance and the Special Events Requirements and Guidelines is:
To insure the City will have adequate advance notice of a proposed special event and the cooperation of
the organizers to adequately plan City services (such as security, sanitation, parking, and traffic control)
that may be required for such an event.
To insure that the City's beaches, parks, and public right-of-ways are protected and conserved, by limiting
the number and type of events held in these areas; and
To preserve the City's commitment to attract quality events with significant cultural and entertainment
enrichment for the community at-large.
This Special Events Requirements and Guidelines package has been designed to help guide applicants through
the process of applying for a special events permit, and to minimize disruption to the impacted surrounding
environment.
Special Events Requirements and Guidelines
1. APPLICATION PROCEDURE
A City Permit is required for special events. A "special event" is generally defined by the City as a temporary use
on public or private property that would not be permitted generally or without restriction throughout a particular
zoning district, but would be permitted if controlled with special review in accordance with this section.
Applications are processed on a first come, first serve basis, unless otherwise provided for under the booking
policy herein (Section II. B).
A. STEP I : Application and Questionnaire Forms
All persons or entities interested in conducting a special event must complete an application and
questionnaire listing all required information. Please refer to Appendix A for a copy of the application.
1. EVENTS ON PUBLIC PROPERTY
All events taking place on public property, whether produced by a not-for-profit or for profit entity,
and including, but not limited to, festivals, parades, performances, and broadcasts require a special
event permit from the City. Applications and questionnaires must be submitted with a minimum of
SIXTY (60) days notice, in order to process prior to the proposed event.
II. EVENTS ON PRIVATE PROPERTY
Applications and questionnaires for events proposed to take place on private property where such
event would be considered a 'special event' under the City's Special Events Ordinance and these
Guidelines, require a minimum of THIRTY (30) days notice prior to the proposed event.
Events or activities that do not require special event permits are recurring activities that are
typically not open to the general public, and are customary and incidental to a permitted main or
accessory use, whether by paid admission or not, and require no additional permitting.
Examples of customary uses for hotel properties include, but are not limited to: Weddings; Bar
Mitzvah; Bat Mitzvah; Anniversaries; Baby Showers; Engagement parties; Wedding Showers;
Holiday events; Awards functions; Networking Events; Fund Raisers; Charity Events; Incentive
group functions (meetings, etc.); Corporate group functions (meetings); Convention group
functions (meetings); Community based organization meetings; Reunions; Prom; Seminars; Sweet
Sixteen; Press Conferences; Product Announcements; Political functions ( including kick offs,
election night or during a campaign).
Non-recurring events or activities that have extraordinary or excessive impacts on public health,
safety or welfare, not normally associated in type or quantity with permitted main or accessory
uses, shall require a special event permit. For example:
When temporary structures are erected (South Beach Food and Wine Festival's "Bubble Q", Art
Basel), etc.); or
When a temporary occupant load is required; or
Television, entertainment events or casting calls open to the public (American Idol); or
Musical performances (Winter Music Conference).
Conditional uses are recurring activities open to the general public, whether by paid admission or
not, identified in the City's Land Development Regulations, and requiring a public hearing (e.g.,
Neighborhood Impact Establishments or Outdoor Entertainment Establishments such as Sky Bar,
Raleigh Hotel Sunday Soiree, etc.).
Special Events Requirements and Guidelines
103
Non-conforming uses in residential districts are prohibited from obtaining special event
permits. Additionally, consistent with Section 142-693 (c), Section 142-302, and Section 142-485 of
the City Code, special event permits will not be issued to non-conforming properties south of Fifth
Street, or in the area generally bounded by Purdy Avenue on the west, 2oth Street on the north,
Alton Road on the east, and Dade Boulevard on the south.
Ill. WEDDINGS AND CEREMONIES
A WeddingICeremony Permit allows for a singular temporary use of public property in the City,
other than within existing rental areas of the Parks Department. A WeddingICeremony Permit
allows for limited elements ("Elements"), defined as the following: chairs, runner, arch1 chupa,
battery operated stereo, acoustical performer(s), riser (48" or less) and a single 10'X1OJ pop up
tent. Any additional Elements or activity exceeding the Guidelines and restrictions (see below),
inclusive of an adjacent reception would require special event permitting, or prior written approval
of the City Manager or hislher designee.
REQUIREMENTS:
1. A completed WeddingICeremony Permit application, detailing exact location, date, times,
Elements and number of attendees shall be submitted no less than 30 days prior to
weddinglcerernony.
2. A site plan of the weddinglcerernony area and Elements, detailing area features and showing
measurements of entire site.
3. A $125.00 Wedding1 Ceremony Permit fee, payable to The City of Miami Beach and due before
commencement of activity.
34. Approved signature survey from any and all contracted or concession user(s) if the area
requested falls within a contracted or concession use.
RESTRICTIONS:
Dn rD
re ,- .
&I ~irtezo site. Vehicles will be permitted in
areas designated for authorized use only, including beachlsand, parks, sidewalks, pedestrian
access areas, with prior written approval of the City Manager or his1 her designee approval and
vehicle beach access passes ($150.00 ea.) in conformity with Beach Vehicle Access Policy
herein (Section D. II. A.).
$2. From Apd-Mav lSt through October 31'' additional restrictions will apply per State of Florida
Department of Environmental Protection ("DEP") Marine Turtle Guidelines. DEP permits may
be required throughout the year.
43. Following the weddinglcerernony the beach andlor public property must be left in good
condition. Applicants must arrange to clean the area following the weddinglceremony.
IV. MARKETS - For information on how to become a market producer or vendor, please contact the
City of Miami Beach Procurement Department at 305-673-7490.
V. PRODUCT PROMOTION/ TEMPORARY SAMPLING - A Temporary Sampling Permit allows for
the non-permanent and mobile distribution of single serving goods or services to the public with no
direct or indirect commercial exchange provided on public property within the commercial and
mixed-use zoning districts of the City.
REQUIREMENTS: Applicants wishing to procure a Temporary Sampling Permit shall provide the
following information to the City's Department of Tourism and Cultural Development no less than
10 working days prior to said activity:
1. Application for Temporary Sampling Permit.
2. Samples andlor descriptive literature of products or services to be distributed.
3. Quantity of product(s) to be distributed.
Special Events Requirements and Guidelines 5
4. General Liability Insurance of no less than One (1) Million U.S. dollars or equivalent value
naming the City of Miami Beach as additional insured and certificate holder including the City's
address as per Section A VII (INSURANCE REQUIREMENTS). The certificate must not be
older than 90 days.
5. Completed, executed and notarized Indemnification, holding the City of Miami Beach harmless
for all approved activities as well as from effects of products or services sampled.
6. A permit fee of $2,000.00 per singular team, per day, payable to the City of Miami Beach and
due before commencement of activity. A singular team is defined as no more than five (5)
people in total distributing the same product in the location specified on the permit or within 500
feet of that location. This fee is refundable if permit is cancelled or denied.
7. A security deposit of $2, 500.00 is due upon submission of application. Security deposits will be
refunded approximately 4-6 weeks post activity, if all restrictions are followed, public property is
left in as good or better condition than when activity commenced, and all City invoices are paid.
Failure to comply with restrictions imposed automatically results in forfeiture of up to full value
of security deposit.
8. Identify location where the temporary sampling activity will occur.
RESTRICTIONS:
1. Permittee or histher representative must maintain the original permit with them during the
activity.
2. Permit is valid for only one singular team of no more than five (5) people in total for the location
specified in the permit or within 500 fee of that location.
3. Permit is valid only for date(s) issued.
4. Permit is valid only for approved product(s) as presented in application and printed on permit.
5. Permittee is solely responsible for comprehensive sanitation of any and all areas utilized and
their surrounding areas, inclusive of ensuring any sample by-product or literature discarded by
the permittee, hislher representative, or the public is removed and discarded appropriately.
6. Permittee or histher representative may not at any time erect tables, tents, chairs, banners,
flags, fencing, inflatables, signs or other elements in public areas or right of ways.
7. Permittee or histher representative may not at any time attach posters, flyers, stickers or other
elements on buildings, trees, lightpoles, newspaper racks, telephone booths, or other public
elements. Hand to hand distribution of information must follow City's Handbill Ordinance, as
codified in Article 3, Section 46 of the City Code. A Temporary Sampling Permit shall not be
required for the distribution of literature, periodicals or other non-product or service related
materials, as !onq as it no exchangeable or redeemable value.
8. Permittee or histher representative may not reserve meters for the parking of promotional
vehicles (skinned or unskinned). Any and all parking must be in accordance with the City
parking regulations.
9, Permittee ma\! not distribute materials From moving vehicles.
0. Permittee or histher representative may not employ any generators, use electrical outlets or
require, install or lay wiring across the public right of ways.
P&"%. Permittee or histher representative must maintain no less than five (5) feet of unobstructed
public access on sidewalks at all times.
&q2. Permittee or histher representatives are bound by the Miami-Dade County and City of
Miami Beach Noise Ordinances at all times.
G43. If Permittee wishes to distribute material in an area contracted or permitted for concession,
outdoor cafe, event, filming or other such use, Permittee must provide approved signature
survey form from affected party.
%14, 20 feet in any direction from the outside perimeter, as indicated in the site plan attached to
the city issued ~ermit, of any outdoor cafe, outdoor restaurant, sidewalk cafe or other
establishment serving food or beverages for immediate consumption;
a15. The City does not permit stand alone product promotion events. Product promotions are
only permitted for sponsors of permitted special events -and only within the
permitted boundaries of such special event.
PENALTIES: Violators of terms of a Temporary Sampling Permit may be subject to one or more of
Special Events Requirements and Guidelines 6
the following:
Revocation of permit and immediate cease and desist order issued.
Forfeiture of full or partial security deposit at discretion of City Manager or hisl her designee.
Subsequent doubling of previous security deposit for future applications.
The product and/or other products from parent company will be restricted from distribution in
any future Temporary Sampling Permits for a period to be determined by the City Manager or
hisl her designee.
Fines and further penalties as Article II, Section 12-5 (9) of the City Code.
VI. RIDES AND AMUSEMENTS - The City does not allow for-profit carnivals, amusement parks, or
carnival-related mechanical amusement rides.
VII. MINIMUM REQUIREMENTS - The minimum requirements to apply for a Special Events Permit
are:
APPLICATION/PROCESSING FEE - This fee is non-refundable and must be made payable to
the City of Miami Beach at the time of application. Please see attached Fee Schedule
(Appendix D) to determine fee amount.
c LATE APP!-BC&T/ON FEE - This additional fee, equivalent to the applicable amount as the
application fee, will apply to all a~plications received after the noted deadlines (60 days on
public property/ 30 days on private property).
PLEASE W3TE: !..ate bap~;allca$ion Fees gzan~ot be waived. --.
PERMIT FEE - This fee is refundable if application is denied and must be made payable to the
City of Miami Beach at the time of application. Please see attached Fee Schedule (Appendix D)
to determine fee amount.
SECURITY DEPOSIT ($2,5001 $5,000)- A refundable security deposit will be required no later
than thirty (30) days prior to the event. Based on the scope and location of the event, a pre-
and post-event site inspection may be conducted by the applicant and appropriate City
personnel to determine existing conditions and evaluate potential damages, if any. Security
deposits will be refunded approximately 4 - 6 weeks after the event if all conditions are
followed, public property is left in as good condition or better and without damage, and all City
invoices paid. Failure to comply with restrictions imposed may result in forfeiture of the entire
or part the security deposit.
Any post-event balance or fines owed to the City, its employees, Departmental or Facility
chargelexpenses, damage, repair or replacement cost(s), etc. may be deducted from the
security deposit. Any unpaid balance owed exceeding the security deposit will be cause for
refusal to accept future special event permit applications. Such applications will not be
considered until all outstanding debts to the City are paid in full (i.e. License Fee, Code
Enforcement Lien, Special Assessment Lien andlor any other debt or obligation due to the City
under State or local law).
PLEASE NOTE: Security deposits cannot be waived,
INDEMNITYAGREEMENT - An Indemnity Agreement must be executed and notarized with an
original signature and, if a corporation is the applicant or the application is filed on behalf of a
corporation, the company seal must be affixed to the document. The Agreement must be
submitted no later than fifteen (32s) days prior to load in of the event.
INSURANCE REQUIREMENTS - The City of Miami Beach must be named as an additional
insured and policyholder on all insurance certificates issued for the event.
Special Events Requirements and Guidelines
106
All insurance policies must be issued by companies that are authorized to do business in the
State of Florida, and have a rating of B+VI or better in the current edition of Best's Key Rating
Guide. The Certificate of lnsurance must state the time, date, location and name of the
covered event, including set-up and breakdown day(s), date(s), and time(s). Applicants have
the option of submitting a Certificate of lnsurance for each policy year.
The City of Miami Beach reserves the absolute right at its sole discretion to increase these
requirements, as necessary, to protect the interests of the City, including an increase in the
amount and type of coverage required, depending upon the scope and nature of the special
event.
Commercial General Liability - Commercial General Liability insurance, on an occurrence
form, must be obtained in the amount of at least $1,000,000 per occurrence for bodily
injury, death, property damage, and personal injury. The policy must include coverage for
contractual liability.
Worker's Compensation And Employer's Liability -Contractors must submit proof of
Workers' Compensation and Employer's Liability in the form of a Certificate of Insurance. All
other State regulations apply.
Liquor Liability - If alcoholic beverages are to be sold or served at the event, the group or
individuals selling or serving the alcoholic beverage must obtain Liquor Liability lnsurance in
the minimum amount of $1,000,000. The sale of alcoholic beverages must be in compliance
with the Liquor Control Regulations of the Code of the City of Miami Beach.
The City's Risk Manager must approve the Certificate of Insurance. Once approved, the
Certificate will be kept on file in the City's Risk Management Division. The insurance
requirements must be met no later than (38s) days prior to load in of the event.
PLEASE NOTE: lnsurance requirements cannot be waived:
SITE PLAN - A preliminary site plan shall be submitted no less than 60 days prior to the event.
A final site plan must be submitted no later than 30 days prior to the event.
The site plan must show detailed diagram(s) drawn to scale of the event including: the location
of concession booths, portable toilets, dumpsters, public, emergency and accessible routes,
location of stages and entertainment and orientation of loudspeakers, locations for electricity
and water, generators, lighting towers, NC units, fenced or walled areas, disability access
elements such as accessible parking, accessible paths of travel, accessible portable toilets,
and other relevant elements. All generators, lighting towers and NC units must be fenced in or
barricaded to prevent crowds from coming into contact with them. In addition, a narrative
describing all temporary installations must be attached for beachfront events. For purposes of
herein, "beachfront" is described as seaward of the Coastal Construction Control Line. Once
the site plan is approved it cannot be altered without the prior written consent of the City
Manager or his/ her designee.
o RE!NS"jPATEMEkYJ$" FEE - If a permit is denied because element requirements are submitted less
than fifteen (15) da\/s prior to load in of event, an additional fee equivalent to the permit fee is
rewired for continuation of coordination of the application.
B. STEP 2: Internal Review Procedure
Special Events Requirements and Guidelines
107
All proposed events with projected attendance of 200 persons or greater on public property, or private
property where such event would not be incidental generally or without restriction throughout a particular
zoning district, will be reviewed by the City's Internal Special Events Committee. The Internal Special
Events Committee meets monthly and is composed of representatives from City departments, including,
but not limited to Police, Fire, Tourism and Cultural Development, Public Works, Parking, Planning, Code
Compliance and Parks Departments. The Committee will review and comment on the proposed site,
security, parking, transportation, and any and all other necessary plans for the proposed event. These
comments will be incorporated with those received through the neighborhood review process. Tourism
and Cultural Development Department staff will indicate the specific requirements the applicant will need
and the time frame for completing these requirements.
The City Manager will make a final determination on an application for a special events permit within
seven (7) days after all special events requirements applicable to the event have been fulfilled. Such
requirements must be fully completed by the applicant no later than thirty (30) days prior to the event.
Some requirements may require more time.
No refunds will be made after a permit is issued; however, payment does not constitute permission to hold
the event. All approved permits must be available for inspection on site at all times.
For special events produced by ~~$~~~roipthsr equivalent and verWlabis bv state reeotd
non-profit applica~ts not for profit organizations, the City Manager may waive permit fees, including but
not limited to, rental fees for particular City properties, square footage rates for exclusive use of public
property, concessions agreements for paid admissions fees, and sale of food, beverage and merchandise
on public property, when such waiver is found to be in the best interest of the City. No waivers are allowed
for personnel-based expenses (city services). In determining waiver of permit fees, no consideration may
be given to the message of the event or content of speech, or to the identity or associational relationship
of the applicant.
1. Major Event Periods (IWEP) - The City first evaluates the City's needs, impacts and quality of life
issues during MEP's. The City will then also specifically evaluate the impact of events proposed to
take place during holiday weekends and major event periods, which create a significant demand
on City services and resources. The City may determine an MEP to have high intensity on City
services and, therefore, may prohibit the issuance of special events permits during these periods.
The City may also determine that enhanced City services are required during such periods. In
such instances, costs for enhanced services will be shared equally by and between all permitted
events.
The City has identified a minimum of ten (10) holiday and repeat event periods which historically
have a high impact on City services. It is realistic to expect these activity periods to continue to be
popular in Miami Beach, bringing large crowds that will require additional City service levels and
interagency support. These MEP's include, but are not limited to, the following:
October - Columbus Day Weekend
November -Thanksgiving Holiday
December - Art Basel
December- New Years Eve
January - Orange Bowl Games
January -Martin Luther King, Jr. Holiday
February - Miami International Boat ShowIBrokerage Yacht ShowlFood & Wine Festival, and
Super Bowl
March - Winter Music ConferenceMlinter PartyISports and Fitness Festival
May - Memorial Day Weekend
July - Independence Day Celebration
September - Labor Day Weekend
Special Events Requirements and Guidelines 9
The Major Events Committee will take note of announced events and potential events of
significance and initiate customized action plans. Each City department has specific action plans
to address the requisite levels of service and outline their efforts and responsibilities associated
with any upcoming major event planned within the City.
Major Event Plan - The Major Event Plan attempts to address the impact of an event and set forth
the action plan involved from a preparation and implementation perspective and sets forth each
City Department's service levels contingent upon anticipated population levels associated with
each MEP and ancillary/related events.
II. Criteria for Grant of Special Event Permit - The City Manager shall be charged with the
responsibility and authority to determine whether a particular applicant shall be granted a special
events permit. The City Manager shall have sole authority, subject to the appeal process in STEP
3 of the Guidelines, to approve, approve with conditions, deny, and/or revoke a special event
permits upon considering the following factors:
1. Type of Event
a. The type of Event covers aspects of the event that relate to what demands the City is likely
to experience and what kinds of attendees can be expected. Other benefits or detractors
may stem from the hosting of one show versus another. Community profile, reoccurrence,
and nature of the venue all are components to be evaluated in the Type of Event category.
Another important aspect of is the value of ancillary events and conferences that may
surround the event (other smaller shows / events). These may or may not be side events
directly managed, or a part of, the event under review, or maybe shows and conferences
from other sponsors that take advantage of the attendee population resident at the main
show. The venues for these other ancillary shows could be local hotels, arenas and parks,
and support the large event. Side events of this type may be considered a positive, from
the additional economic impact they may provide, or they may be considered a detriment,
depending on the nature and history of these side events.
c. Whether the event is conducted for an unlawful purpose and/or in violation of Federal,
State, County or Municipal laws.
d. The existence of conflict or interference with another event or another applicant who has
obtained a valid special event permit. When there are competing applications which are
substantially for the same time and place, priority will be given on a first-come, first-served
basis, but a first priority will be given to a pre-established, annual event, which is defined as
one which has a minimum of five (5) consecutive years of existence in the City under the
same ownership, is in good standing (which includes being current on all prior debts), and
has complied with other applicable all obligations to the City in a timely fashion.
e. Whether the event, if public (as opposed to a privatized or corporate use), features a public
benefit component as its primarv function and is not, in and of itself, largely a promotional
use desicrned lo advertise or create publicitv for product(s) to the public.
2. Economic Impact to the City
a. The City will consider the event's long-term, short-term, and indirect effects on profitlcosts
to local economic industries, including but not limited to hotels, restaurants, entertainment
establishments, retail, and the City.
b. The City will also consider events undertaken by not-for-profit organizations that
demonstrate directly helping a charitable cause.
c. An Economic Impact Survey is required to determine if an event has demonstrated a
Special Events Requirements and Guidelines 10
positive economic impact to the City.
3. Infrastructure and Service Demands (Quality of Life)
a. The City will consider whether the event is compatible with the surrounding neighborhoods
and complements the ambience and aesthetics of the area in which it is presented.
b. The City will consider whether the event poses a public threat to residents, businesses, and
visitors, not considering content of speech, message, or reaction to the message.
c. The stress that a show may place on various City services is considered in the evaluation
process. Expenses associated with additional crowd control, policing, security, parking,
and traffic shall be considered.
d. The City will also consider the availability of these needed resources including time, people,
money and equipment.
e. Additionally, more intangible aspects of the effects that an event may have, relating to the
quality of life aspects that may positively or negatively impact the local flavor of the City and
the lives of the resident population, are also considered in this area, including the urgency
of the event, the realistic time frame, and other events taking place in the City and South
Florida area at the same time.
f. Interference with traffic in the area contiguous to the event, and availability at the time of the
proposed event of sufficient City resources to address the events potential impacts and
mitigate the potential disruption.
g. Availability of police officers, traffic control aides and traffic control equipment to protect the
participants in the event and protect the non-participants from traffic related and other
hazards in light of the need and demand for police protection at the time of the proposed
event.
h. Concentration of persons, vehicles or other structures at the event and feasibility of
disbanding the area in order to allow fire, police and ambulance services.
i. Substantial likelihood of subjecting neighborhood in immediate vicinity of proposed site of
event to unreasonable and prolonged noise, littering, or parking difficulties.
j. City services required for the event cannot be reasonably made available at the time of the
proposed event.
4. References
a. The event shall provide references from other locations that it has used. The evaluation
should consider not only the references themselves but the quality of the references and
the sources from which they come. A list of references that cover not only the previous
venues for that event, but also the references from that City, its police and any civic
organization that the past venue impacted showing the good citizenship and positive
economic impact the event has had in other places where it has been held.
b. Whether same or similar event has a history of causing or resulting in a threat to public
safety in Miami Beach or elsewhere, except that if the public safety problem was caused by
crowd reactions to the event's message, this factor alone, shall not be sufficient cause to
deny or revoke a City special event permit.
c. Material misrepresentation or incorrect material information made in the application
process. Prior to a denial or revocation based on this factor, the City Manager shall give the
applicant an opportunity to cure, satisfactorily rebut, or revise such evidence.
Special Events Requirements and Guidelines
110
d. Failure to complete payment of any sums required for a previous event until such time as
payment is received.
e. Failure to substantially perform a clean-up plan which was made a condition of a previous
permit.
f. Failure to adhere to City policy as prescribed by the Special Events Requirements and
Guidelines, or other applicable laws where the health, safety and welfare of the community
is potentially affected.
5. Promotional Value
a. Is the event under consideration a high profile event with good name recognition and a
good reputation? The evaluation must try to assess the importance of having the City and
the event linked in the press. All positive results that may be derived from the association
should be considered. It may be that the value of having the event lies in the other high
profile events that traditionally follow this one.
b. Also, positive publicity surrounding a high profile event may have had the effect of long term
increases in local tourism and free positive publicity for the area as a whole, increasing
general business activity.
No permit shall be denied nor shall the applicant for a permit be given less favorable treatment as
to time, manner and place on account of any message which may be conveyed at an event, or on
account of the identity or associational relationships of the applicant.
No permit shall be denied nor shall the applicant for a permit be given less favorable treatment as
to time, manner, or place on account of any assumptions or predictions as to the amount of
hostility which may be aroused in the public by the content of speech or message conveyed by the
event, provided that reasonable accommodation as to time, manner and place may be required in
order for the City to provide the resources necessary for protection of health, safety and welfare.
No event applicant or permittee, shall be required to provide for, or pay for the cost of, public safety
personnel necessary to provide for the protection of an event and its attendees from hostile
members of the public or counter-demonstrators, or for traffic control outside the event area or for
general law enforcement in the vicinity of the event.
Ill. Criteria for Approval of Permit - After all required elements are completed, and City Departments
and impacted neighborhoods have reviewed and submitted their comments regarding an
application, the City Manager shall do the following:
Approve the permit;
Approve the permit with conditions; or
Deny the permit upon conditions (as set forth in these Guidelines).
If the permit is approved, the City Manager, in consultation with the heads of the affected City
Departments, shall also impose any necessary restrictions or conditions as to the time, manner
and place to be observed in accordance with public safety, environmental and administrative
considerations (based upon the application), provided that such considerations shall not include
any consideration of the content of any speech or message that may be conveyed by such event,
nor by any considerations concerning the identity or associational relationships of the applicant,
nor to any assumptions or predictions as to the response that may be aroused in the public by the
content of speech or message conveyed by the event.
After the City Manager approves the issuance of a permit, the applicant may obtain such permit by
agreeing to accept the "Terms and Conditions" imposed in accordance with these Guidelines.
Special Events Requirements and Guidelines 12
If the City Manager denies or subsequently revokes a permit, he will provide the applicantlpermit
holder with written notification and reasons for the deniallrevocation of the permit (which shall be
consistent with the criteria in these Guidelines). It is understood and inherent as part of the
application process and aqreed to wxm-by applicant upon submittal that application does not
constitute approval and any and all marketing or produdion expenses incurred are solelv the
responsibilitv of the applicant and not the resoonsibilily of the Citv regardless of the application's
a~~roval or iwh-wM4 denial.
IV. Natural Disaster/Weather - The declaration of an emergency, threat or a natural disaster,
including extreme weather or the existence of a national threat, shall be just cause for the denial or
revocation of a Special Event Permit.
Under extreme weather conditions, including lightning storms, the City may temporarily suspend all
operations or cancel an event.
C. STEP 3: External Review Procedure
Special events in the City of Miami Beach are subject to review and recommendation by the
corresponding neighborhood or business association(s) and/ or as pat3 of a rnonthlv Special Events
Community Review. Applicants will be required to present their plans to the appropriate neighborhood
association. In the case where there is no legally constituted/recognized association and the expected
event attendance exceeds 200, the matter may be referred to the City of Miami Beach Planning Board for
review and recommendation. Recommendations from the respective associations or the Planning Board,
stating its position on the proposed event, should be submitted to the Special Events Office at least 30
days prior to the event.
The City will only recognize neighborhood associations that have filed for and received official
neighborhood status. In order to receive official neighborhood status, organizations must meet the City's
criteria. The City's criteria and a list of recognized neighborhood associations can be found on the City's
website at www.miamibeachfl.aov.
The City Manager shall consider recommendations from neighborhood association(s) in determining
whether to grant a Special Event Permit or what conditions to impose upon granting of the permit.
Notwithstanding, the City, through the City Manager, reserves the right to approve, approve with
conditions, deny, andlor revoke any Special Event Permit.
Permits may not be transferred, assigned or sublet, without prior written approval of the City Manager. The
final decision for authorization of a Special Event Permit remains with the City Manager subject to an
appeal as follows.
In the event of a lack of consensus between the neighborhood association(s) (or Planning Board) and the
City Manager regarding a decision on a permit, the association(s) (or Planning Board) may appeal the
Manager's decision to the Mayor and City Commission for consideration at its next available meeting. The
appeal must indicate in writing the association's (or Board's) reasons for disagreement with the Manager's
decision in approving or denying the permit being appealed. Such appeal also must be accompanied by a
written resolution of a majority of the board of the association (or the Planning Board) indicating the
decision to file the appeal. The Mayor and City Commission may affirm, modify or reverse the decision of
the City Manager.
If the date scheduled for the proposed event arrives before the next available Commission meeting, the
decision of the Manager will be final. If approval of the proposed event is delayed such that the event
cannot be held on the date(s) and time(s) specified in the permit application, or if the event is not approved
at all, the City will not be held liable for any expense(s), losses, or liabilities or other inconveniences
incurred by the applicant as a result of same.
Special Events Requirements and Guidelines
112
D. STEP 4: Coordination of City Services
Special events often require the supplementing or hiring of City services. The City's Special Events Office
will review comments received during the internal and external review processes and will determine
minimum staffing levels, with recommendations from the relevant Department directors. The City may also
determine that enhanced City services are required during Major Event Periods (MEP's) in order to
mitigate excessive stresses on City resources. In such instances, costs for enhanced services will be
shared equally by and between all permitted events. The City assumes no liability arising or resulting from
the determinations of minimum staffing levels or the requirements for any events.
A list of frequently required services is provided herein.
Fully paid receiptslinvoices for required supplemental or City services and equipment rental must be
submitted to the Special Events Office no less than two (2) weeks prior to an event. Any additional
services rendered by the City for the event will be charged to the applicant and may be deducted from the
security deposit. When City personnel are employed, there will be a four (4) hour minimum charge
rendered by the appropriate Department to compensate each employee engaged by the applicant.
11. ADHERENCE TO REGULATIONS AND OTHER POLICIES
The City of Miami Beach reserves the right to provide services that it believes are necessary and sufficient
to safeguard and ensure the health, safety and welfare for all participants, visitors, businesses, staff and
general citizenry. All arrangements for services or facilities shall be staffed and paid for at
wedsfifteen (15) days prior to load in of the event. An applicant's budgetary constraints cannot dictate
staffing levels required for public safety.
In addition to compliance with all applicable Federal, State and County regulations, the applicant shall
comply with all City codes, regulations, and laws. Any other permits, as may be required by the City of
Miami Beach, Miami-Dade County, the State of Florida, or the Federal government, must be obtained and
adhered to. It is the sole responsibility of the applicant to obtain all permits and comply with all
requirements, including but not limited to those described herein.
The City of Miami Beach, under no circumstances, guarantees, warrants or represents that the issuance
of a Special Event Permit exempts the event from obtaining, or ensure the obtaining of, any permits or
complying with any requirements which may be required currently or in the future by any Federal, State or
local authorities, including other permits that may be required by the City.
The City Manager has the authority to alter or end an event at any time it is determined necessary to
assure the continued health, welfare and safety of the City's residents and visitors. Lack of compliance
with the City Manager's directives, including but not limited to, audio volume and adherence to site plan,
shall be sufficient cause to warrant an event's closing (or other remedies provided in the City Code or
herein).
Issuance of a required Federal, State, or local permit does not authorize permission to hold an event. A
City Special Event Permit must be issued to constitute authorization from the City to hold the activity.
All pre-payment schedules for City services are due, as indicated, except the City reserves the right to
waive this requirement for events which have an exemplary prompt payment history with the City
established over the course of at least five (5) years.
A. hicle Access Policy - Whenever possible, All Terrain Vehicles (ATV's), all terrain gators, andlor
should be utilized by event producers for events taking place on the beach or in pedestrian
areas such as parks. Notwithstanding the above, certain events taking place on the beach, in a arks or
other authorized use areas may require vehicular access to M such areas for the purposes of
loading-in and out of equipment for the event, and must be removed from -such areas
immediately thereafter. There is a vehicle acc $150.00, per vehicle, per event. E
may purchase a maximum of ten (10) Vehicle ccess Permits per event. A Vehicle
Special Events Requirements and Guidelines 14
Permit will be issued by the Special Events Office and must be displayed on the windshield of every
vehicle on the beach. All such vehicles must be escorted on
authorized use area by either City of Miami Beach
vehicles will be restricted to the location(s) listed o
All operating vehicles on the beach, park or other authorized use area kxmh-shall follow the procedures
listed herein:
o Due care and caution will be utilized at all times while driving any vehicle on the beach, rsark or
other authorized use area-.
o All vehicles on the beach, park or other authorized use area ba%-shall enter and depart the area
beach at the nearest access point to the call.
o Prior to entering the beach, ark or other authorized use area , vehicle headlights and
overhead flashing lights (if equipped) or flashers will be turned on.
o Drivers must turn off radios and shall roll down both the passenger and driver's side front windows
of their vehicle while operating a
o Maximum speed allowed on the
o Vehicles, SUVs, and trucks are prohibited from driving on the soft sand where hard pack sand
exists.
o Vehicles, SUVs, and trucks shall stay west of the garbage cans on the hard -pack sand at all
times.
o Do not drive over hills or berms (dunes) or near objects that may obstruct your view.
o If you stop and exit your vehicle, walk completely around the vehicle prior to reentering your
vehicle and moving it.
o Traffic cones (orange, 18" high) must be placed at the front and rear of vehicles when parked on
the -beach, park or other authorized use area.
o Use of a cellular phone or walkie talkies
o Personal vehicles are prohibited on the at anytime.
These procedures are to be complied with at all times by anyone operating a vehicle on the beach, park or
other authorized use area&&. Failure to comply with these procedures may result in immediate
revocation of the permit and termination of the event.
B. Booking Policy - Public locations are booked on a first-come, first-served basis, but a first priority will be
given to pre-established, annual events, which are defined as those events having a minimum of five (5)
consecutive years of existence in the City under the same ownership; which are in good standing (which
includes being current on all prior debts); which have complied obligations in a timely fashion to the City;
and which have demonstrated a positive economic impact on the City of Miami Beach.
A special event shall not be booked if it interferes with a previously scheduled activity, event or repair work
scheduled for the proposed site. The City Manager may take into account simultaneously occurring events
in the region or other factors that would impact the City's capability to host an event before approving an
event.
H. Consecutive-Day Clause - In no case shall a permit be issued to an applicant or venue, for
substantially similar events, for more than four (4) consecutive days or five (5) non-consecutive periods
of not more than four (4) consecutive days each during the course of a calendar year. A separate
Special Event Permit shall be required for each individual venue of a multi-venue event. Certain public
locations are appropriate for special events, but do not have certificates of use and occupancy defining
their use. Such locations shall not be limited to the five (5) non-consecutive days per year limitation.
Business or merchant associations are permitted to have events throughout the calendar year that
promote and encourage patronage of the businesses in the geographic boundaries of the association.
These events may NOT be retail oriented and MUST be free and open to the general public. A Special
Event Permit may be required for such events and shall be obtained by the association. Such
Special Events Requirements and Guidelines 15
approvals shall abide by the City's Special Events Requirements and Guidelines.
Citywide special events and conventions including, but not limited to, Art Basel, Winter Music
Conference, and Miami International Boat Show, shall not count against the aforementioned clause.
The City Manager shall have the discretion to approve a Special Event Permit for events which exceed
the consecutive day clause, and shall also have the discretion to amend, modify or temporarily
suspend the permit for such events.
C. Concession Agreements - All events which include retail sales or vending will be required to enter into a
written concession agreement with the City. Beachfront and non-beachfront events shall provide 15% and
10% respectively of all gross revenues derived from admissions and the sale of food, beverages, and
merchandise. In the case where a producer rents booths for the sale of food, beverage and merchandise,
the gross rate shall be calculated on the rental and/or concession revenues received by the applicant or
the gross revenue generated by the concessions regardless of whether the applicant derives direct or
indirect financial gain from such revenue. Copies of concession agreements and full disclosure of all
principals must be provided to the Special Events Office two (2) weeks prior to the event.
A notarized statement, certified by a Certified Public Accountant (CPA), of the above referenced revenue,
along with payment of the aforementioned percentage, must be provided to the City no later than thirty
(30) days following the event. The Security Deposit on file will not be released until such statement and
payment have been submitted to and accepted by the City.
Under the terms of the agreements between the City of Miami Beach and its beachfront concessionaires ,
there exists exclusivity for rental of beach equipment, water and recreational equipment, food and
beverage service on the beachfront, east of the coral rock wall at Pier Park (Biscayne Street to First
Street); and east of the sand dune in Lummus Park (from Fifth Street to Fourteenth Lane); Ocean Terrace
(73 Street to 75 Streets); and North Shore Open Space Park (79 Street to 87 Streets). Additionally, the
City may enter into additional agreements in the future with beachfront concessionaires for other
beachfront locations seaward of City-owned property and/or seaward of street-ends at public right-of-
ways. Any proposed special event to be held on the beach within one of the aforestated concessionaire's
jurisdiction is subject to review by the concessionaire. Notification to the concessionaire by the applicant
must be in writing at least 60 days prior to the event. A copy of the applicant's agreement with the
concessionaire or a letter of release from the concessionaire must be submitted to the Special Events
Office at least thirty (30) days prior to the event.
Up-land Concession Areas - The City issues licenses to operate beachfront concessions to up-land
property owners (areas located behind private property) from Government Cut to 87 Terrace. A written
release from upland owner concessionaires is required for events proposed behind private property that
may interfere with these up-land concession areas and must be submitted to the Special Events Office at
least thirty (30) days prior to the event.
D. Use of Public Property - Permit holders will be charged a net square footage rate of $.25 per square foot
for public property occupied by the event for stages, booths, displays or areas restricted for exclusive use
by the event. The Square Footage Fee will be calculated in the following manner:
Enclosed Site: Aggregating the square footage of the total fenced area.
Non-enclosed Site: Aggregating the square footage of the individual fixtures of the event (i.e. stages,
booths, tents, display areas, bleachers, etc.. .)
The City Manager may, in hislher discretion, waive this fee for events by not-for-profit corporations, or
other event, when such waiver is found to be in the best interest of the City. In the case that the permit
holder is operating under a concession agreement with the City, the net square footage rate may not be
applicable.
E. Event Signage - Sponsorship banners and signage are allowed within the designated event site only and
Special Events Requirements and Guidelines 16
may be displayed only during the event. Banners must be immediately removed from the site following the
event.
1. Special Event Billboard Signs - Up to five (5) banners or billboard signs with a maximum size of
4'x8' may be approved for placement in designated public locations in the City. These signs are
required to obtain Design Review approval from the Planning Department. A City application must
be submitted to the Planning Department, no later than 60 days prior to the event. A Building
Permit is also required prior to installation.
II. Street Banners -- Event advertising banners shall not extend or project over any portion of any
street, or right-of-way.
Ill. Lightpost Banners -- Lightpost banners are permitted in the City when approved by the Planning
Department and the City Manager for special events taking place in the City of Miami Beach, and
by the City Commission, for special events held outside of the City of Miami Beach. The
application process begins at the Planning Department for Design Review approval no less than 90
days prior to the special event. Approved lightpost banner design with the banner locations are
then forwarded to the Special Events Office. A $50.00 per banner fee ($25.00 per banner fee if
applicant is a %4++(.+501(c)(3) or other ecluivalent and verifiable by state record non-profit
) and $50.00 processing fee will apply. Lightpost banners on State
Roads (i.e. 5th Street, Collins Avenue, 41st Street, etc.) require an additional permit from the
Florida Department of Transportation.
F. Grandfather Clause
Notwithstanding the requirements described herein, the City recognizes the intrinsic historical, social, and
cultural significance and importance of certain longstanding special events held continuously, on an
annual basis, within the City. In recognition of such traditional longstanding events, special events in
continuous annual operation since 1985 (Miami Beach Festival of the Arts and Art Deco Weekend) are
herein deemed "grandfathered-in" solely for purposes of the following items and shall not be subject to
these conditions:
Square footage fee;
Lummus Park user fee;
Street closure sign-off requirement;
Concession Agreement and User Fee; and
Security Deposit (Security Deposit will remain at $2,500).
G. Resott Tax
All events that include sales of food, beverages, alcoholic beverages, or wine are required to levy a two
percent (2%) tax, as per Miami Beach City Code Chapter 102, Article IV. A copy of the aforementioned
section of the City Code and the Special Event Resort Tax Return forms are available through the Special
Events Office. It is the responsibility of the event producer to collect, complete the form and remit
payment to the City.
%%I. Sponsorship Requirements
The following is a list of publicity and credit requirements for events or programs receiving financial or in-
kind support from the City of Miami Beach:
Prominently display City of Miami Beach logo in all promotional marketing materials related to the
eventlprogram including, but not limited to, advertisements, brochures, websites, e-mails, newsletters,
banners, posters, event programs, and other print andlor electronic publications.
Include the following credit line in all print news and press releases and broadcast media:llThis
eventlprogram made possible with support from the City of Miami BeachJ' and include a quote from
City of Miami Beach Mayor.
One full page full color ad in program guide
Website link to www.miamibeachfl.crov.
Eventslprograms offering travel packages will also provide a link for to the following websites:
Special Events Requirements and Guidelines 17
o www.visitmiamibeach.us
o www.miamiandbeaches.com
On-stage signage in a prime location (if applicable).
Provide a boothldisplay area at all events (if applicable).
Live announcement(s) during the event by emcee.
All sponsored eventslprograms shall provide a maximum of four (4) complimentary tickets for which
tickets are available to each of the following City Officials:
o Mayor and City Commissioners;
o City Manager; and
o City Attorney.
The following City Officials shall each receive a maximum of two (2) complimentary tickets for which
tickets are available:
o Assistant City Managers; and
o Special Events Administrator.
Any and all remaining tickets shall be donated to disadvantaged youths, disabled persons, senior citizens
of Miami Beach, and other individuals who do not have the financial ability to purchase tickets for such
events.
The City reserves the right to negotiate additional terms if in-kind and financial support is in
excess of $25,000.
Ill. ENFORCEMENT AND PENALTIES
Persons engaged in a special event without a permit, or otherwise in violation of a permit, or the Special
Events Requirements and Guidelines, shall be subject to enforcement by City police or Code Compliance
officers, through the issuance of immediate cease and desist orders, the violation of which may subject the
offender to the following immediate fines and/or partial or full default of securitv deposit: For the first
offense a fine of $500; for the second offense a fine of $1,500; and for the third offense and subsequent
offenses a fine of $3,000 or arrest for violation of Section 12-5 of the City Code, andlor enforcement as
provided for in section 1-14 of this Code, andlor notices of violation referred to Special Masters, who have
authority to issue fines or enforce compliance, as provided for in Chapter 30 of the City Code. Police or
Code Compliance officers will coordinate enforcement with the Department of Tourism and Cultural
Development. As an alternate and supplemental remedy, the City may enforce these Guidelines by
The following penalties shall be imposed in addition to any fines for violations Section 42-5 of the City
Code:
If the offense is the fourth offense within the preceding 12 month period of time, in addition to the
fine, the property andlor event producer will be restricted from receiving a special event permil for a
three (3) month period of time.
e If the offense is the fifth offense within six (6) months following the fourth offense, in addition to any
fine, the property andlor event producer will be restricted from receivina a special event permit for
an additional six (6) months period of time. Furthermore, the property and/or the event producer
are considered to be a habitual offender.
e Not\~ithstanding the above, for repeat and/or habitual offenders, the Citv Manaqer may decline to
issue future special event permits to such person or entity for one year, or such other period as the
City Manaaer deems appropriate.
Special Events Requirements and Guidelines
117
Each violation shall constitute a separate offense for which a separate fine shall be imposed.
An offense shall be deemed to have occurred on the date the violation occurred. Restrictions imposed
pursuant to this section shall be imposed by City Administration after finding an offense warrantinq
suspension or restriction has occurred.
Additionallv, the event security deposit will be immediately forfeited upon the issuance of a written
offenselviolation. The City may increase the securit\/ deposit requirement for anv future permit.
IV. CITY OF MIAMI BEACH AGENCIES
A. Building Department
1. Building and Electrical Permits - Pursuant to the South Florida Building Code, the City's Building
Department must issue a building permit for all special events involving temporary construction or
the use of temporary electrical power., Examples of temporary construction include, but are not
limited to, freestanding tents, stages, fences, bleachers, and electrical. The applicant must present
a copy of the Building Permit to the City's Special Events Office at least
davs prior to the event.
II. Americans with Disabilities Act - All special events must be designed and operated in a manner
to be in compliance with Chapter 553, Florida Statutes (the Florida Accessibility Code). The
following checklist is provided for guidance as to how compliance must be achieved:
1. Ensure curb cuts and cross walks are kept free and clear for usage, with a continuous accessible
route of 44 inches in width.
2. The Event producer must ensure that any nearby accessible on- or off-street parking
("handicapped parking") is not obstructed by vehicles loadinglunloading equipment, etc. If such
obstructions occur, the Event producer must see that such obstructions are removed immediately.
Accessible parking spaces shall be connected to the site's continuous accessible route, with no
obstructions between the accessible parking spaces and the curb ramps that serve those spaces.
3. Any and all accessible routes created and/or installed by the Event producer, or under the Event
producer's supervision, must have no abrupt change in level in excess of % inch. Where such
changes in level are present, properly bevel the change in level at a 1:2 ratio or provide a ramp
with a slope not to exceed a 1:12 ratio. This is necessary to allow passage of wheelchairs or
strollers and prevent tripping or the catching of walkers and canes. Any ramps provided must be in
compliance with all Florida Accessibility Code requirements, including, but not limited to,
requirements regarding edge protection, handrails, and surface.
4. Provide a smooth transition between temporary pathways and any ramps, sidewalks, streets, or
parking lots. This means no change in level exceeding % inch. Any change exceeding % inch
requires beveling at a 1:2 ratio or the installation of a ramp with a slope not to exceed a 1:12 ratio.
Any ramps provided must be in compliance with all Florida Accessibility Code requirements,
including, but not limited to, requirements regarding edge protection, handrails, and surface.
5. All cashier counters (counters where money transactions occur) must be no higher than 36 inches
maximum above finish floor, for a minimum length of 36 inches.
6. Maintain an accessible route for access to merchandise that is both within a vendor space, as well
as merchandise not contained within a vendor space. If the overflow of merchandise for patron
viewing is placed behind a booth, then provide adjacent access to the merchandise via a curb
Special Events Requirements and Guidelines 19
ramp, as well as the placement of a pathway with a stable and firm surface necessary for the use
of wheelchairs and mobility aids.
7. Merchandise for display should be within a line of sight no higher than 48 inches for persons of
short stature or wheelchair users. If merchandise is displayed higher than 48 inches, merchant
must provide assistance to disabled customers in order to reach items.
8. All vendor spaces shall be located on an accessible route that is a minimum of 44 inches wide.
9. If tables and seating are provided for the consumption of food, all aisles adjacent to accessible
fixed seating shall provide 30 inch by 48 inch clear floor space for wheelchairs. Where there are
open positions along both sides of such aisles, the aisles shall be not less than 52 inches wide.
10. For wheelchair seating spaces provided at tables or counters, knee spaces at least 27 inches high,
30 inches wide, and 19 inches deep shall be provided. The tops of accessible tables and counters
shall be from 28 inches to 34 inches above the finish floor or ground.
11. Where food or drink is served at counters exceeding 34 inches in height for consumption by
customers seated on stools or standing at the counter, a portion of the main counter which is 60
inches in length minimum shall be provided in compliance with the requirements of Items #9 and
#I 0 above, or service shall be available at accessible tables within the same area.
12. Where portable toilets are provided, an accessible route shall be provided to the toilets. Five
percent (5%) of the total number of toilets must be accessible. If clusters of portable toilets are
distributed throughout the site, then each cluster must have accessible units.
13. If general assembly seating or standing space is provided for audience members attending a public
performance at a special event, reserved wheelchair seating must be provided. Such seating must
be provided in a location that allows wheelchair users an unobstructed line of sight to the stage. If
seating capacity accommodates greater than 300 persons, then accessible seating shall be
dispersed throughout the venue.
14. All flyers and written promotional materials for the event should be made accessible to people with
disabilities, including those with hearing and visual impairments. It is recommended that the
following statement be included on promotional materials: "Call [your number followed by word
"voice"] or the Florida Relay Service (TTY) at 71 1to request material in accessible format; sign
language interpreter (5 days in advance), or information on access for persons with disabilities".
Sign language interpretive services must be provided, of requested by the City five (5) days in
advance of the event.
15. For performers who are disabled, all stages, show mobiles and dressing areas must be accessible.
16. All ADA considerations must be identified and detailed on the site plan. The site plan will be
submitted to the Building Department Accessibility Plan Reviewer for approval.
B. Code Compliance
1. Field Inspector - The City may require the applicant to hire a Field Inspector andlor a Code
Compliance Officer to serve as an overall on-site coordinator, whose responsibility will be
to ensure that all services are provided, the event runs smoothly, and that all Federal, State
and local rules, regulations and ordinances are complied with. Special event producers agree
and understand that a Field lnspector andlor a Code Compliance Officer, which will report to
and be under the direction of the City, may be required in order to ensure compliance, as approved
by the special event permit, and the conditions imposed with the issuance of such permit.
Enforcement includes all activities leading up to, including, and following the conclusion of
permitted endeavors.-Event producer further agrees and understands that any and all costs
Special Events Requirements and Guidelines 20
associated with such Field lnspector and/or Code Compliance Officer shall be borne by the
producer and reimbursed to the City prior to refund of security deposit pursuant to Section A (VII)
herein. Producer's responsibility for the costs associated with such Field lnspector or Code
Compliance Officer shall be limited to twenty-seven dollars ($27) per hour.
Field lnspector and/or Code Compliance Officer will be required for all events with expected
attendance of 1,000 persons or greater. Field Inspector/Code Compliance Officer requirement for
all other events will be determined on a case by case basis.
II. Signs (Flyers) & Hand Bills - The City regulates the distribution of flyers, handbills or stickers.
Specifically, distribution of handbills upon premises of another when requested not to do so is
prohibited as per City Code Section 46-1 17, and placing or distributing any handbills on vehicles is
prohibited as per City Code Section 46-1 18. Violations will be issued by Code Compliance for
violations on public property and for handbills placed on automobile windshields carrying a fine of
$50 for each sign (flyer) or handbill and a $23 removal charge per sign.
Ill. Noise Ordinance - The City prohibits unreasonable and disruptive noise that is clearly
incompatible with the normal activities of certain locations at certain times. Both the Miami-Dade
County Noise Ordinance, Section 21-28 of the Code of Miami-Dade County, and City of Miami
Beach Noise Ordinance, Article IV, Sections 46-151 to 46-162, are applicable and enforceable to
both public and private property within the City. These Ordinances make it unlawful for any person
to make, continue or cause to be made any loud, excessive or unusual noise. If the excessive
noise occurs between the hours of 11:OOPM and 7:OOAM in such manner to be plainly audible at a
distance of 100 ft from the building, structure or vehicle in which it is located, this shall be prima
facie evidence of a violation of the Ordinances.
If a noise violation occurs, the enforcing Code Compliance Officer will require that the noise be
lowered to an acceptable level. Failure to do so, or a second confirmed violation within one 24 hour
period, will result in the Police Department being notified. Failure to comply with a request from the
Department of Code Compliance or the Police Department concerning violation of the Ordinances
may result in the immediate revocation of a Special Event Permit and/or arrest.
Fire Department
1. Off Duty Fire & Paramedic Sewices - Depending upon the type of event and estimated
attendance, off-duty or private fire rescue personnel may be required at the expense of the
applicant. As a general rule, a minimum of one paramedic for up to 1,000 people and two
paramedics for up to 5,000 people, and a rescue unit for up to 10,000 people, which consists of 2
paramedics and a team leader, are required. Enclosed events and tents over 400 square feet may
require off duty Fire Inspectors depending on the type of event and estimated attendance. The
City of Miami Beach assumes no liability arising or resulting from the determinations of minimum
staffing levels or the requirements for any events.
The final decision for the minimum number of Fire RescueIPrevention personnel required will be
determined by the City's Fire Chief or hidher designee.
II. Enclosed Events Site Plan And Occupant Load - Site plans for enclosed events requiring
fencing or tenting must be submitted for review and approval to the City's Fire Department.
Building Department permits cannot be issued until the Fire Department approves the event site
plan. Non-substantial on-site adjustments to site plans may be made in consultation with and
approval of the City's Fire Marshal, or hidher designee. The Fire Department requires a 20 foot
emergency vehicle access lane between easternmost portion of the sand dune and any fencing or
tents for all beachside events.
Enclosed events are required to adhere to an occupancy number, as well as comply with the
Special Events Requirements and Guidelines 2 1
requirements determined by the City's Fire Department, once site plan is approved. A walk-through
to verify that the actual setup meets with the approved plan will be conducted prior to the event
opening. Event promoters are responsible for adhering to the determined occupancy number and
any violation of the occupancy number can result in penalties and lor fines.
Ill. Fireworks Permit - All events, public or private, featuring a fireworks display or pyrotechnics must
obtain a fireworks permit from the City's Fire Department. A written request for the permit must be
submitted to the Fire Department at least 30 days prior to the event and approved no later than 11
days prior to the event.
Following approval of the permit, the Fire Prevention Bureau will make a site inspection. A
minimum of two (2) fire fighters will be required to be on-site from the time the fireworks are
delivered at the site, until termination of the display and the removal of all fireworks and debris from
the site. Payment for required fire personnel will be the sole responsibility of the applicant and must
be made two (2) weeks prior to the event.
The firm or individual responsible for setting up and setting off the fireworks must obtain a
Comprehensive General Liability or Fireworks Display Liability Insurance policy (see Insurance
Section for language and rating requirements).
IV. Open Pit And Bonfire Permit - Separate permits are required for open pit and bonfires.
Applications for a permit may be obtained from the Fire Department, and must be approved and
paid to the City at least two (2) weeks prior to the event. These activities will require hiring off-duty
fire personnel.
D. Miami Beach Convention Center
On occasion, events, meetings andlor conventions taking place at the Miami Beach Convention Center
(MBCC) may desire extending their production onto Convention Center Drive, between Dade Boulevard
and 17 Street, and into the City's Preferred Parking Lot. In such event, the City considers this use an
extension of the MBCC premises. As such, all City requirements including, but not limited to insurance,
indemnity agreement, site plan, security plan, and sanitation plan will be incorporated into the respective
event's agreement with the MBCC and will be coordinated by the MBCC.
The MBCC will complete a special event questionnaire (please refer to attached Appendix C) and provide
the Department of Tourism and Cultural Development a copy of all required documentation pertaining to
the event for the department file. If street closures are requested, the Department of Tourism and Cultural
Development will assist in coordinating this request, as well as all other items as may be required.
E. Ocean Rescue
Depending upon the location and type of event, estimated attendance, and hours of operation, off-duty
lifeguards may be required. The Captain of the City's Ocean Rescue will determine the minimum number
of lifeguards.
F. Parking Department
Overall Parking Plan -A comprehensive Parking Plan which identifies where parking is to be provided for
event staff, equipment vehicles, and event participants, as well as the location and amount of accessible
parking spaces must be developed, in writing, and approved by the City's Parking Director or his
designee. Public parking resources may be supplemented with privately owned parking areas to
accomplish this plan. All fees incurred through use of Parking Department resources, which may including
meter rentals, off-duty enforcement officers or rental of lots, must be pre-paid in full no later than two (2)
weeks prior to the event.
Valet ramping spaces are to be used exclusively for ramping and valet related operations. All other
activities are explicitly prohibited.
Special Events Requirements and Guidelines 22
Parking meters shall not be used for advertising or marketing related activities, unless associated
with a special event as defined herein.
G. Parks and Recreation Department
1. Facilities and Personnel - Many City of Miami Beach recreation facilities, amphitheaters, and
parks are available for rent during non programmed hours for special events, and have specific
fees, based upon hours of usage, including setup and breakdown times. Request for usage must
be at least one month prior to the event. Rental payments for such facilities must be made two
weeks prior to the event. Proof of payment must be submitted to the Special Events Office.
Applicable user criteria will be available for park venues through the Parks & Recreation
Department.
Depending upon the venue, nature and scope of the event, the hiring of City of Miami Beach Parks
and Recreation personnel may be required. A City facility (e.g., a building) used for a special event
must be staffed by a City employee. Depending on usage, additional facility staff, janitorial service
and electrical staff charges may be applicable. Payment for the staffing is the sole responsibility of
the applicant, and must be received no later than two (2) weeks in advance of the event.
11. Park User Fees
Park User Fees - A special event impact fee will be imposed for all events taking place at a City
Park including, but not limited to, Lummus Park, South Pointe Park, Collins Park, Flamingo Park,
and North Shore Open Space Park. Lummus Park includes the area east of Ocean Drive, the park
itself, and the beachfront east of the park from 5- 15 Streets. This supplementary user fee will be
calculated at the rate of twenty-five (25%) percent of the total cost of City services for the event.
These funds will be used exclusively for enhancements to those parks utilized by said events.
Lincoln Road User Fee
For events taking place on Lincoln Road or Lincoln Lane, a special event impact fee will be
imposed. This supplementary user fee will be calculated at the rate of twenty-five (25%) percent of
the total cost of City services for the event. These funds will be used to enhance Lincoln Road.
Due to the pedestrian nature of Lincoln Road, no motor vehicles are allowed between Washington
and Lenox Avenues.
H. Police Department
1. Security Plan and Services - Depending upon the type of special event and estimated
attendance, security personnel, such as off-duty police personnel and private security personnel,
may be required.
The Security Plan shall be prepared by the event producer in consultation with the Office of Special
Events and the City of Miami Beach Police Department's Off-duty Office. The plan shall specify
the number of off-duty officers or private security guards, if applicable, hired by or expected to be
hired by the applicant. At the option of the applicant, the entire security personnel may be
comprised of off-duty police personnel.
Cost of off-duty police personnel is dependent on the number and rank required. As a general rule,
if four or more officers are required, one must be a supervisor (sergeant or above). Larger
contingents of officers may require additional police supervisors.
Payment for off-duty police services, based on the estimate, is required to be paid in full no less
than two (2) weeks in advance of the event. Payment adjustments for off-duty police services,
based on a final invoice, is required to be paid in full no more than two (2) weeks after the event.
The Chief of Police or his designee will make the final determination of minimum levels of police
Special Events Requirements and Guidelines 23
122
security.
Any private security personnel contracted for by the applicant must be licensed by the State of
Florida. If security personnel is to be hired, a list of names and license information must be
provided to the City's Police Department no less than two (2) weeks in advance of the event.
The City's Police Department may require additional security or off-duty police personnel for crowd
control, traffic control and general security during the event. The minimum number of police
personnel is dictated by the Off-duty Police Coordinator and is dependent upon the type of event,
date of event, time of event, location of event, the site plan for the event, the type of entertainment
during the event, whether alcohol is consumed at the event, and the estimated attendance at the
event.
Overnight & Backstage Security -- Applicants may contract, at their own expense, for off-duty
police services or with private security guards for overnight and backstage security concerns. On-
stage security will be handled by private security at the applicant's expense.
Marine Patrol - All water-based special events, or those activities likely to attract crowds to or near
the water, must provide prior written notice to the Miami Beach Police Marine Patrol and Beach
Patrol. Certain events may require prior written authorization from the United States Coast Guard
and may also require off-duty services and equipment from the City's Marine Patrol, Florida Marine
Patrol, or United States Coast Guard, at the expense of the applicant. In such cases, written
authorization is required no later than thirty (30) days prior to the event.
Police Escorts for Entertainment - If so requested, the City may supply police motorcycles or car
escorts for entertainers. This service must be arranged in advance of the event and must be listed
in the proposal for the event. The cost for this service is determined by the City's Police
Department and will be at the applicant's expense.
II. Street Closures - Certain streets within the City of Miami Beach may be temporarily closed to limit
or exclude vehicular and/or pedestrian traffic prior to, during, and after any special event.
Depending upon the location, additional approval may be required from Miami-Dade County or the
State of Florida. The City Manger, in his/ her discretion, may also require applicants to provide
"sign-offs" showing approval from a majority of landlords and/or residents (or their group
representatives) whose direct vehicular access to buildings will be affected by the proposed
closure. Regardless of the jurisdiction, the Chief of Police and the City's Public Works Director
must first approve street closures with final approval retained by the City Manager. Requests for
street closures must be made at least forty-five (45) days prior to the event.
In closing a State street (i.e., 5 Street, Collins Avenue, 41 Street, Alton Road, 71 Street, and
Harding Avenue) prior approval is required by the Chief of Police, City's Public Works Director, and
City Manager. The application must be processed at least 30 days prior to the event. The applicant
must then forward the completed application to the Florida Department of Transportation (FDOT) to
receive and FDOT permit. FDOT must receive application at least 30 days prior to the event.
In order to close a County street (i.e., Venetian Causewayll7th Street) the application will be
forwarded to the Miami-Dade County Public Works Department by the City's Police and must be
received at least 30 days prior to the event in order to send to the County for process.
Ill. Barricades & Electronic Signs - Barricades and electronic directional signs may be required,
depending upon the location and/or site plan of the event, to cordon off the surrounding areas or to
close streets to vehicular traffic. The City's Police Department, along with the Parking Department,
will determine the number and location of barricades.
The rental cost of barricades and electronic directional signs will be incurred directly by the event
producer. Payment is the sole responsibility of the applicant, as is actual set-up and removal of
Special Events Requirements and Guidelines 24
barricades on the event date(s).
IV. Parade Requirements -The City Code defines "Parade" as any march or procession consisting of
persons, animals, vehicles or any combination thereof, traveling upon any public way, within the
territorial jurisdiction of the City. All parades must abide by Section 106-346 of the City Code.
Pursuant to this Code Section, a separate permit to hold a parade must be obtained from the Chief
of Police. The permit application must be filed not less than 15 days nor more than 90 days prior to
the day on which it is proposed to be held, and simultaneously copied to the Special Events Office.
The Chief of Police may revoke a parade permit at any time he determines the parade is to be
conducted or is being conducted in violation of the terms of issuance. Any applicant aggrieved by
the Chiefs decision may appeal it to the City Manager.
V. Demonstrations, Pickets and Free Speech Activities - The First Amendment of the United
States Constitution affords demonstrators the constitutional right to assemble and speak in a
peaceful and orderly manner. Therefore, the City shall not require or issue permits for such activity.
Demonstrations and pickets consist of activities which are generally performed in public in support
of or against a person or cause and which may have the potential for impeding movement along a
public right-of- way or other disruption. Organizers of such events are asked to submit a
questionnaire, site plan, and to notify the City of Miami Beach Police Department Patrol Division
Commander of their intentions, and to provide details of the planned activity in order to insure the
health safety and welfare for all concerned. If requested by the Special Events Office, a copy of an
approved Police plan should be provided. There may be instances where the nature of the
demonstration and/or the number of participants (including counter-demonstrators) will require
restrictions in order to protect the health, safety and welfare of every citizen by means of providing
crowd control, traffic control and general security to the public. Such restrictions will be
communicated to the individual or group prior to the activity. The Special Event Permit
Requirements do not apply to such activities. Demonstrations, Pickets and Rallies must abide by
Section 106-346 of the City Code.
1. Property Management
Based on the electrical, engineering and/or plumbing impact of a special event on City property, the
applicant may be required to hire City electricians, engineers or plumbers.
J. Public Works Department
Environmental Resource Management
These items listed below are to intended help preserve the health and welfare of the City of Miami Beach's
coastal areas.
Vehicles
Vehicles allowed to access and remain parked on the beach during an event MUST display a
temporary parking placard
All vehicle access to the beach is restricted. Access points MUST be identified by City staff for each
event.
All vehicles shall require a police or beach patrol escort when crossing on to the hard pack (beach)
and at all times east of the Erosion Control Line.
All vehicles should utilize lights and flashers when traveling on the beach
Parking
Any vehicle parked on the beach shall be prevented from distributing fluids on the ground (sand) by
the placement of an absorbent pad under the engine compartment - these pads shall be properly
disposed off once the vehicle vacates the beach
Special Events Requirements and Guidelines 25
All vehicles parked on the beach shall have cones placed at the front and rear of the vehicle
Fuel
The storage of any petroleum product or chemical shall be prohibited unless prior approval has been
issued by the City - storage of such material shall be in accordance with life safety and environmental
regulations - storage shall be in appropriate spill proof containers for type of chemical, shall be stored
a significant distance away from any population, storage area shall contain signage identifying the
storage site and indicating which type of chemicals are being stored - required clean up of any
chemicals will be at the expense of the applicant
The fueling of vehicles on the beach (event site) shall be strictly prohibited unless given a special
fueling permit where the applicant must act according to approved standards - fuel must be stored in
spill proof containers etc. Such a permit is only approved by the City's Environmental Division.
Temporary Construction
A site inspection, by the City, shall be required prior to and after an event to ensure that the event site
and surrounding area has been restored to a clean and acceptable condition
When possible, tents shall be secured with water barrels in place of ground stakes - where ground
stakes are used, the holes shall be filled, compacted and area raked or graded to restore to natural
conditions
Any structures requiring permits from the City's Building Department or Public Works Department
shall be required to be reviewed by the City or County Division of Environmental Resource
Management (DERM) for potential environmental impacts
Live Animals
The incorporation of animals in any special event shall require adequate ground cover under cages -
material shall be absorbent in nature and not permit the transfer of fluids to the ground.
Dune System
Absolutely no activity is permitted within protected dune area - a minimum of a 20' setback west of the
west end of the dune and 20' east of the east dune line shall be required.
Pedestrian traffic to special events shall only use demarcated pathways and dune crossovers for
ingress and egress to event site.
Directional signage must be provided when public access at a dune crossover is blocked.
Beach Impacts (other)
Special Events occurring during hurricane season shall have an emergency evacuation plan that will
go into effect within eight (8) hours of a hurricane warning and be completed within twenty-four (24)
hours - all equipment, material, staff, staging, vehicles and associated appurtenances shall be
removed from event site within the allotted time
Right-of-way Permit-- A Right-of-way Permit must be obtained when there is anchoring to or excavation
of any right-of-way or City property. The method of anchoring or location of any excavation may be denied
or altered by the City based on potential hazards to existing utilities. The cost for such permit will be
pursuant to City ordinances (concerning work on the right-of-ways) and may include a cash bond based
on estimated potential damage to City property. Proof of financial ability to cover estimated damages
must be submitted to the Special Events Office. For events occurring on City streets or sidewalks, an
inspector from the Public Works Department will inspect the area in question prior to the event for any
hazards, potholes or damaged fixtures. Any problems will be repaired or noted. A visual inspection will
take place following the event to identify any damage to City property caused by the event.
Any identified damages in the City right-of-way, on termination of the permit, will have to be repaired by
the event producer within a time specified by Public Works. If the producer fails to complete these repairs
in a timely manner or wishes the City to complete such restoration work, then costs incurred by the City,
including reasonable overhead expenses, will be deducted from the Security Deposit and the event
producer will be charged for any, such costs not covered by the deposit (as per Section A Step 1).
Special Events Requirements and Guidelines 26
K. Sanitation Department
Applicants shall be solely responsible for cleaning the area during and after the event. Should the
applicant choose, the City will provide personnel for this function. The cost of the clean-up will be
calculated by the City, and will include dumping fees and equipment rental. Should an alternate cleaning
service be contracted, the applicant shall be responsible for obtaining all necessary dumpsters. All
arrangements and removal of garbage, trash, and other debris are the sole responsibility of the applicant.
A City permit authorizing placement of dumpsters must be obtained through the City's Sanitation
Department, and submitted to the Special Events Office no less than two (2) weeks prior to the event.
Applicants are required to meet sanitation standards to assure an adequate number of litter containers are
on-site, and must encourage guests to comply with the City of Miami Beach's anti-litter efforts. Glass
containers and plastic straws are prohibited. Recycling efforts are encouraged. Applicants shall ensure
that the event site is returned to its original condition within twenty-four hours. Failure to clean up after the
event will result in a fine (as per Section Ill herein) issued to the event producer, as well as additional
charges for City services.
Applicants seeking use of public restroom facilities outside of standard operating hours may also be
required to hire attendants to facilitate public restroom maintenance and supplies during the event. These
services may be contracted through the Public Works Department. Proof of payment must be submitted
to the Special Events Office at least two (2) weeks prior to the event.
V. OTHER AGENCIES
A. The Miami Beach Visitors and Convention Authority (VCA) and Cultural Arts Council (CAC)
The City of Miami Beach does not directly fund special and cultural events. The VCA and CAC utilize City
funds for the purpose of special and cultural event funding. Approval of an application for funding by either
the VCA and/or the CAC shall not constitute either expressed or implied approval of a special event permit
by the City of Miami Beach. Should the VCA or CAC fund an event, the appropriate logo shall be
incorporated in all event print advertising or promotional materials, as per the funding terms and conditions
of the VCA and 1 or the CAC.
B. Miami-Dade County
Permit for Temporary Food Sales - The Miami-Dade County Department of Business and
Professional Regulations, Division of Hotels & Restaurants, sets forth rules and regulations for safe
operation of temporary food service establishments. To obtain the necessary permits, sponsors or
applicants must notify the Department of Business and Professional Regulations no later than
three (3) business days prior to the event. A license fee for a 1-3 day event is $40.00 per vendor.
Beach Cleaning - Applicants desiring use of the public beach must arrange for the cleaning of the
beach, prior to, as well as after, the event, as necessary. Beach cleaning may be arranged with
the Miami-Dade County Parks Department or a private sanitation company approved by the Miami-
Dade County Parks Department. Proof that clean-up arrangements have been made must be
submitted in writing to the Special Events Ofice at least two (2) weeks prior to the event.
C. State of Florida
Department of Environmental Protection, Division of Beaches and Shores -- If an event is to
be held on the beach, a State Field Permit is also necessary for all temporary non-portable
structures on the beach, east of the Coastal Construction Control Line. This would include, but not
be limited to, the following types of temporary structures: stages, fences, tents, lighting and sound
systems. A detailed site plan and written narrative description of all installations must be submitted
to the Special Events Office no later than 60 days prior to the event.
Special Events Requirements and Guidelines 27
As conditions of the State Field Permit, the State also calls for the protection of marine turtles
during the marine turtle nesting season, beginning May 1, and ending October 31, in Miami-Dade
County. Conditions relevant to areas east of the Coastal Construction Control Line (CCCL) include:
structures to be constructed and left overnight, including temporary fencing, shall have 3 feet of
vertical clearance and shall be located as far landward as possible; no lighting associated with the
event is authorized after 9:00 pm without approval from the State of Florida; and permit holders
may be required to hire turtle monitors from sundown to sunrise. Other conditions, as prescribed by
the State may apply.
Events requiring exemptions from any of the above marine turtle nesting conditions will need to
provide the City with written approval from the State of Florida Wildlife Commission.
Florida Statutes, Chapter 161, calls for the protection of beach dune systems and impose fines for
damage caused to the natural dune systems along the Beach. It is the responsibility of the
applicant to provide adequate security measures to ensure protection of the dune area from
damage that may be caused by an event.
Division of State Lands -- Depending on the type and nature of the event(s), the Division of State
Lands has the right to negotiate a separate use agreement with the special event producer and will
charge for the use of the land. This fee may include a contribution to the State Lands Trust Fund,
as well as a use fee, and would require State of Florida Cabinet approval. If applicable, proof of the
Division of State Lands approval shall be submitted to Department of Tourism and Cultural
Development before a permit is issued.
Florida Marine Patrol - Any type of water activity held within the City of Miami Beach must give
notice to the Florida Marine Patrol. Notice must be in the form of a letter, with a copy to the City
provided no less than two (2) prior to the event.
Division of Alcoholic Beverages and Tobacco -- If the event is being produced by a not-for-
profit organization which desires to sell or serve alcohol, the organization must apply for a
temporary liquor license from the State of Florida, Division of Alcoholic Beverages and Tobacco
under Florida Statute 561.42. In order to obtain the license from the State, a letter of authorization
must be obtained from the City. Prior to the issuance of this letter the following must be submitted:
* Certificates of all applicable insurance including, general liability and liquor liability.
* A completed Indemnity Agreement.
* A signed letter on letterhead from the non-profit organization agreeing to have the
temporary liquor license in the organization's name.
Florida Department of TransporCation
Lightpost Banners -- Banners proposed to be placed on State Road lightposts require an
additional permit from the Florida Department of Transportation, following Design Review approval
from the City's Planning and Zoning Department and approval from the Miami Beach City
Commission. Depending upon the scope and nature of the event, additional State permits may be
required.
D. Federal Government
Federal Aviation Administration - Any type of unusual air activity above the City of Miami Beach
planned in conjunction with a special event, which has the potential to disrupt commercial air
traffic, must be approved by the Federal Aviation Administration (FAA). Approval will be requested
through the City's Department of Tourism and Cultural Development on the applicant's behalf.
Special Events Requirements and Guidelines 28
Coast Guard - Any individual or organization planning to hold a regatta or marine parade which,
by nature, circumstances or location, will introduce extra or unusual hazards to the safety of lives
on the navigable waters under the jurisdiction of the U.S. Coast Guard, shall submit an application
to the Coast Guard District Commander having jurisdiction of the area where it is intended to hold
such regatta or marine parade. Examples of conditions which are deemed to introduce extra or
unusual hazards to the safety of life include, but are not limited to; an inherently hazardous
competition; possible effect on the customary presence of commercial or pleasure craft in the area;
any obstruction of navigable channel which may reasonably be expected to result; and the
expected accumulation of spectator crafts.
Where such events are to be held regularly or repeatedly in a single area by an individual or
organization the District Commander may, subject to conditions set from time to time by himlher,
grant a permit for such series of events for a fixed period of time, not to exceed one (1) year.
The application shall be submitted to the Coast Guard no less than 30 days prior to the event.
The application shall include the following details:
1) Name and address of sponsoring organization.
2) Name, address, and telephone of person or persons in charge of the event.
3) Nature and purpose of the event.
4) Information as to general public interest.
5) Estimated number and types of watercraft participating in the event.
6) Estimated number and types of spectator watercraft.
7) Number of boats being furnished by sponsoring organizations to patrol event.
8) A time schedule and description of events.
9) A section of a chart or scale drawing showing the boundaries of the event, various water
courses or areas to be utilized by participants, officials, and spectator craft.
VI. SPECIAL EVENTS FEE SCHEDULE
Special Events Requirements and Guidelines
128
I Permit Fee I I Per Wedding/ Ceremony use $1 25.00 I
I Permit Fee Security Deposit I
Per team, per day $2,000.00 $2,j00.00
(5 persons total in the same vicinity)
I Vehicle ccess Pass: $150.00 per pass/per vehicle/per event. I
Square Footage Fee: $.25 per square foot + 7% Sales Tax (N/A with a Concession Agreement).
AND/OR
Concessions Agreement:
o Beach Events: 15% of food, beverage, ticket sales and merchandise.
o Non-Beach Events: 10% of food, beverage, ticket sales and merchandise.
I Taxes: You are required b pay a 7% State sales tax and a 2% Resorf Tax (on food and beverage only). I
Lummus Park User fee: 25% of the total City Services not including administrative fees.
Lincoln Road User fee: 25% of the total City Services not including administrative fees.
Light Pole Banners
Banners announcing special events either to be held in city or to be associated in some manner with the city, as
determined by the city commission, may be erected up to 30 days prior to the event being announced and must
be removed within seven (7) days after such event. Special event banners shall require prior approval by the city
commission. Fees: / $50.00 per pole For-Profit/ $25.00 per pole Non-Profit . . . . . $50.00 administrative fee - per application
Building Department Permit fees: Please contact the Building Department for fee schedule please call 305-67
761 0 or visit www.miamibeachfl.gov.
o Tent Permit; Fence Permit; Stage Permit; Electrical Permit; Bleachers Permit; Restroom (Port-a-lets) Pluming
Permit ; Pool cover Permit; Temporary Occupant Load.
Police Department: For information on offduty Police services please contact off-duty at 305-673-7823.
Fire Department: For information on off-duty Fire services please contact offduty Fire at 786-41 2-1 076. I
Parking Meter Rentals: $1 0.00 per space or meter/per day + plus administrative fees. Please contact the
Parking Department at 305-673-7505 for more information.
*** Application fees are not refundable; permit fees and security deposits are reimbursed if the event/activity is cancelled,
denied, or postponed and given that public property is left in good condition and without damage and all City invoices paid.
Failure to comply with restrictions imposed automatically forfeits the security deposit.
*** Additional charges may apply.
Special Events Requirements and Guidelines
129
RESOLUTIONS TO BE SUBMITTED
AMf BEACH
OFFICE OF THE ClTY ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMlSSlON MEMORANDUM
TO: MAYOR MATTI HERRERA BOWER
MEMBERS OF THE ClTY COMMISSION
CITY MANAGER JORGE M. GONZALEZ
FROM: ClTY ATTORNEY JOSE SMITH
DATE: DECEMBER 8,2010
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MlAMl BEACH, FLORIDA, INITIATING CONFLICT
RESOLUTION PROCEDURES PROVIDED BY SECTION 164.1052
OF THE FLORIDA STATUTES PRIOR TO INITIATING LITIGATION
AGAINST THE ClTY PENSION FUND FOR FIREFIGHTERS AND
POLICE OFFICERS IN THE CITY OF MlAMl BEACH ("PENSION
FUND") WITH REGARD TO THE PENSION FUND'S POSITION
NOT TO IMPLEMENT THE TERMS OF ClTY OF MlAMl BEACH
ORDINANCE NO 2010-3705 AS THEY RELATE TO PENSION
FUND MEMBERS.
Based upon the conflict created by the position of the Firefighters and Police Officers
Pension Fund not to implement the collectively bargained changes to its pension fund as
adopted in Ordinance No. 2010-3715, the dispute resolution procedures set forth in the Florida
Governmental Conflict Resolution Act are necessary prior to the initiation of court proceedings
against the Pension Fund by the City. Therefore, the attached Resolution is submitted for
consideration by the Mayor and City Commission so that the appropriate dispute resolution
procedures may be initiated.
, Agenda Item C7 H
Date /2-8-19
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE ClTY OF MlAMl BEACH, FLORIDA, INITIATING CONFLICT
RESOLUTION PROCEDURES PROVIDED BY SECTION
164.1052 OF THE FLORIDA STATUTES PRIOR TO INITIATING
LITIGATION AGAINST THE ClTY PENSION FUND FOR
FIREFIGHTERS AND POLICE OFFICERS IN THE CITY OF
MlAMl BEACH ("PENSION FUND") WITH REGARD TO THE
PENSION FUND'S POSITION NOT TO IMPLEMENT THE
TERMS OF ClTY OF MlAMl BEACH ORDINANCE NO. 2010-
3705 AS THEY RELATE TO PENSION FUND MEMBERS.
WHEREAS, on November 17,2010, the City of Miami Beach adopted Ordinance
No. 2010-3705 which enacted changes to the Pension Fund affecting members of the
Pension Fund; and
WHEREAS, the City of Miami Beach has been notified by the Pension Fund that
it has taken the position that it will not implement the changes adopted in Ordinance No.
201 0-3705 as such changes pertain to its members; and
WHEREAS, the Florida Governmental Conflict Resolution Act, in Section
164.1052 of the Florida Statutes, provides that the governing body of a governmental
entity shall initiate conflict resolution procedures through the passage of a resolution by
its members which states that it is the intention of the governing body to initiate conflict
resolution procedures prior to initiating court proceedings.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, that it is the intention of
the Mayor and City Commission to initiate conflict resolution procedures, as provided in
Section 164.1052 of the Florida Statutes, against the City Pension Fund for Firefighters
and Police Officers in the City of Miami Beach prior to the initiation of court proceedings
to resolve the conflict created by the Pension Fund's position that it will not implement
the terms in Ordinance No. 2010-3705 as they relate to Pension Fund members.
PASSED and ADOPTED this day of December, 2010.
ATTEST:
MATT1 HERRERA BOWER
MAYOR
ROBERT PARCHER, ClTY CLERK
ClTY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
T:\AGENDA\201O\December 8\Consent\Fire & Police Pension Reso.docx
1.41 G -
DATE