BOOKMARKEDAGENDA_ocr_optimizedMIAMIBEACH
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
February 9,201 1
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 Aqenda 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 Re~orts and Informational Items
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
Consent Agenda, February 9,201 1
Presentations and Awards
PA1 Certificates Of Appreciation To Be Presented To Several MBPD's Officers, Officer Of The Year And
Civilian Of The Year. (Page 3)
(Requested by Commissioner Jorge Exposito)
PA2 Certificates Of Appreciation To Be Presented To Dr. Ross Brechner And Michael Haerting For
"Donate Eyeglasses To Haiti" Drive.
(Requested by Commissioner Jorge Exposito)
PA3 Brief Presentation And Recognition Of The Successful Miami Beach SpayJNeuter Campaign By Cat
Network Volunteers.
(Requested by Mayor Matti Herrera Bower)
PA4 Certificate of Recognition To Be Presented to Condesa Gym
(Requested by Commissioner Jonah Wolfson)
PA5 Certificate Of Recognition To Be Presented To Beatriz Tassara, Participant In UNIDAD1s Senior
Placement Program.
(Requested by Commissioner Jonah Wolfson)
PA6 Certificate Of Recognition To Be Presented To Easter Seals South Florida, Inc., EmployerIParticipant
In UNIDAD's Senior Placement Program.
(Requested by Commissioner Jonah Wolfson)
PA7 Certificates Of Appreciation To Be Presented To Miguell De Campillo from the Miami Beach Housing
Authority.
(Requested by Vice-Mayor Michael Gongora)
PA8 Certificate Of Recognition To Be Presented To Isabel Castano De Lugo In Celebration Of Her
105'~ Birthday.
(Requested by Vice-Mayor Michael Gongora)
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
Consent Agenda, February 9,201 1
C2 - Competitive Bid Reports
C2A Request For Approval To lssue A Request For Proposals (RFP) For Investigative And Adjusting
Services For Selected Tort Liability Claims And Workers' Compensation Claims. (Page 7)
(Human Resources/Risk Management)
C2B Request For Approval To lssue A Request For Proposals (RFP) For Auctioneer Services Of City
Surplus Items, On An "As Needed" Basis. (Page I I)
(Procurement)
C4 - Commission Committee Assignments
C4A Referral To The Finance And Citywide Projects Committee A Discussion Regarding Whether Or Not
To Exercise Renewal Options In The Management Agreement With Global Spectrum For The
Management Of The Miami Beach Convention Center, Colony Theater And Byron Carlyle Theater.
(Page 21)
(Tourism & Cultural Development)
C4B Referral To The Finance And Citywide Projects Committee - Discussion Regarding Granting The
Miami Beach Garden Conservancy The Right To Receive Naming Gifts As Part Of The Garden
Renovation. (Page 25)
(Requested by Commissioner Jerry Libbin)
C4C Referral To The Land Use And Development Committee To Discuss Parking Requirements And How
We Can lncentivize For Good Hotel Development. (Page 27)
(Requested by Commissioner Jonah Wolfson)
C4D Referral To The Land Use And Development Committee Discussion Regarding Stay Of Proceedings
Of City Code Section 1 18-1 36 And Section 1 18-1 37, Resulting From Appeals Of Administrative
Decisions To The Board Of Adjustment. (Page 29)
(Requested by Commissioners Edward L. Tobin, Jerry Libbin & Vice-Mayor Michael Gongora)
C4E Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding The Impact
Of Bicycles - Including The Deco Bike Program And The Bike Master Plan -And Other Vehicles,
Such As Segways And Skateboards, On Pedestrian Paths. (Page 33)
(Requested by Mayor Matti Herrera Bower)
C4F Referral To The Land Use And Development Committee - Discussion Regarding The Present Plans
To Build A Convention Center And Casino In Miami-Dade County. (Page 35)
(Requested by Commissioner Edward L. Tobin)
iii
Consent Agenda, February 9,201 1
C4 - Commission Committee Assinnments
C4G Referral To The Land Use And Development Committee - Discussion Regarding Schools And
Daycare Centers Within Existing Nonconforming Commercial Buildings In Single Family Zoning
Districts, As A Conditional Use. (Page 37)
(Requested by Commissioner Jerry Libbin)
C4H Referral To The Sustainability Committee - Discussion Regarding Banning The Use Of Chemical
Pesticides In City Parks. (Page 39)
(Requested by Vice-Mayor Michael Gongora)
C41 Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding Methods Of
Discouraging The Sale Of Smokeless Candy Flavored Tobacco Products In the City, As
Recommended By The Quality Of Education Committee. (Page 41)
(Requested by Mayor Matti Herrera Bower)
C6 - Commission Committee Reports
C6A Report Of The Capital Improvement Projects Oversight Committee Meeting Of December 6,2010: I)
Attendance. 2) Review And Acceptance Of Minutes. 3) 201 1 Committee Meeting Dates. 4) Public
Comments. 5) Commission ltems From November 17,201 0 And Commission ltems From December
8, 2010. 6) Requested Reports. 7) Old Business: A) Normandy Shores, B) Venetian Islands, C)
Sunset Islands I & II, D) Sunset Islands Ill & IV, E) Royal Palm Avenue And 44th Street Flooding
Mitigation, F) Palm & Hibiscus, G) FlamingoWest Avenue Neighborhood ROW. 8) Adjournment.
(Page 45)
C6B Report Of The Neighborhoods/Community Affairs Committee Meeting On January I I, 201 1 : 1)
Discussion Regarding The Issue Of A Parking Problem By The Hebrew Academy. 2) Discussion
Regarding Excessive Use Of Sign Advertising "Cheap Meals" And The Like At Restaurants On
Lincoln Road And Ocean Drive. (Referral Broadened To Include Looking Into Deceptive Practices).
3) Discussion Regarding Requiring Miami Beach Restaurants To Post Scores Given By The Health
Department. 4) Discussion Regarding The Relationship Between Organizations Applying For A
Special Event Permit And Any Charitable Donations They Claim Will Be Generated By The Event,
Including Tracking Actual Funds Donated. 5) Discussion Regarding Various Issues Related To
Flagler Memorial (Monument) Island, Its Current And Future Operations And Management Options. 6)
Discussion Regarding A Proposal To Honor The Extensive Community Legacy Of Stanley Levine
With A Memorial Bench On Lincoln Road. 7) Follow-Up Discussion And Request For Further
Direction Concerning The Dogs Off-Leash Six Month Trial Program Approved By The City
Commission In South Pointe Park That Began On June 1,2010 And Concluded On November 30,
201 0. (Page 49)
Consent Agenda, February 9,201 1
C6 - Commission Committee Reports (Continued)
C6C Report Of The Land Use And Development Committee On January 31,201 1 : 1) Temporary Removal
Of Parking Spaces. 2) Discussion Regarding Temporary Storefront Signs. 3) Discussion On The
Issuance Of A Request For Proposal (RFP) To Develop A City-Wide Transportation Plan. 4)
Proposed Alton Road Historic District Buffer Overlay. 5) Proposed Parking District #5 For The Alton
Road Corridor. 6) Discussion On Proposed Amendments To Land Development Regulations
Amending Minimum Unit Size And Parking Requirements For Affordable Housing Projects. 7) An
Ordinance Of The City Of Miami Beach, Florida, Amending The Land Development Regulations Of
The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And
Regulations", Article IV, "Supplementary District Regulations", Section 142-875 "Roof Replacements"
To Modify And Expand The Requirements For Roofing Materials In All Districts; Providing For
Repealer, Codification, Severability And An Effective Date. 8) Discussion Concerning A Location For
A Skate Park In Miami Beach Including The Funding Sources Available. 9) Discussion Regarding A
Request By Members Of The La Gorce Neighborhood To Return Sections Of Pine Tree And La
Gorce Drives To Two-Way Lanes. (Page 57)
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit Grant
Applications To: 1) The Children's Trust For Following Programs: Parenting Education And Family
Strengthening; Early Childhood Development; Out-Of-School; And, Youth Development, In A Total
Amount Not To Exceed $770,000; 2) Retroactively To The US Department Of Transportation For The
Transportation, Community, And System Preservation Program In The Amount Of $3,000,000 For
The Middle Beach Recreational Corridor; 3) Florida Department Of Transportation For The Safe
Routes To School Program In An Amount Not To Exceed $300,000; And, 4) Miami-Dade Metropolitan
Planning Organization For The Municipal Grant Program ForA Planning Study Of The Middle & North
Beach Local Transit Circulator lmprovements In An Amount Not To Exceed $40,000; Appropriating
The Above Grants, As Necessary If Approved And Accepted By The City, And Authorizing The
Execution Of All Documents Related To These Applications. (Page 65)
(Budget & Performance Improvement)
C7B A Resolution Approving And Officially Adopting The Master Plan For The North Shore Bandshell Park
Project (Project), Following Finance And Citywide Committee Approval. (Page 77)
(Capital lmprovement Projects)
C7C A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 14
To The Agreement Between The City And Wolfberg Alvarez & Partners, Inc., Dated September 25,
2002, For Professional Architectural And Engineering (AIE) Services For The Right Of Way
Infrastructure lmprovements Program Neighborhood 12- South Pointe RDA Phase II (Project), In The
Negotiated Amount Of $82,134.21, For Additional Construction Administration And Resident Project
Representative (RPR) Services, And $4,500 For Reimbursable Expenses For A Total Not - To -
Exceed Amount Of $86,634.21, For The Project; With Funding Available From Previously
Appropriated South Pointe Capital Fund 389 In The Amount Of $86,634.21. (Page 1 1 5)
(Capital lmprovement Projects)
Consent Agenda, February 9, 201 1
C7 - Resolutions (Continued)
C7D A Resolution Electing Commissioner Jonah Wolfson, Group IV, As Vice-Mayor For A Term
Commencing On March 1,201 1, And Terminating On June 30,201 1, Or On Such Date When A New
Vice-Mayor Is Thereafter Elected. (Page 125)
(City Clerk's Office)
C7E A Resolution Adopting And Appropriating The First Amendment To The Police Confiscation Trust
Fund Budget For Fiscal Year 201012011 In The Amount Of $70,000.00 To Be Funded From State
Confiscated Funds ($25,000.00) And Federal Confiscated Funds ($45,000.00). (Page 129)
(Police Department)
C7F A Resolution, Appropriating Funds In The Amount Of $81,921, For Consulting Services For The
Sunset Harbour Storm Water System, With Funding From Fund 429, Stormwater Projects Line Of
Credit; With Such Funds To Be Repaid From Proposed Future Stormwater Bond For The Sunset
Harbour Pump Station Upgrades Project. (Page 135)
(Public Works)
C7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Locally Funded
Agreement With The Florida Department Of Transportation (FDOT) For The Construction Of
Stamped Asphalt Crosswalks On Harding Avenue, From 74 Street To 69 Street, As Part Of The
FDOT Harding Avenue Roadway Improvement Project (Under Financial Project Number 41 9860-1);
Further Approving And Authorizing The City Manager To Execute A Maintenance Memorandum Of
Agreement And A Financial Memorandum Of Agreement With FDOT For The Crosswalks.
(Page 167)
(Public Works)
C7H A Resolution Approving A Second Amendment To The Fiscal Year 2009110 Home Program
Agreement Between The City Of Miami Beach And The Miami Beach Community Development
Corporation To Reallocate $223,786 From The Meridian Place Apartments Housing Project, Located
At 530 Meridian Avenue, And $200,000 From The Barclay Apartments Project, Located At 1940 Park
Avenue, For A Total Of $423,786, To The Allen House Apartments Project, Located At 2001
Washington Avenue, Subject To The Completion Of An Underwriting Review. (Page 197)
(Real Estate, Housing & Community Development)
(Deferred from January 19, 201 1)
C71 A Resolution Approving The Extension Of Hours For Certain Alcoholic Beverage Establishments With
A 5:00 A.M. Liquor License And Under Certain Specified Conditions Pursuant To Section 6 Of The
City Code For Winter Party (March 5 & 6, 2011) And White Party (November 26 & 27, 2011)
Weekends. (Page 203)
(Tourism & Cultural Development)
C7J A Resolution Appointing Commissioner Ed Tobin To Participate As A Voting Member Of The
Metropolitan Planning Organization For Miami-Dade County, Florida And To Represent The City Of
Miami Beach And Serve In This Appointed Capacity. (Page 209)
(Requested by Mayor Matti Herrera BowerlCity Attorney's Office)
End of Consent Agenda
Presentations and Awards
Certificates Of Appreciation To Be Presented To Several MBPD's Officers, Officer Of
The Year And Civilian Of The Year.
(Requested by Commissioner Jorge Exposito)
Certificates Of Appreciation To Be Presented To Dr. Ross Brechner And Michael
Haerting For "Donate Eyeglasses To Haiti" Drive.
(Requested by Commissioner Jorge Exposito)
Brief Presentation And Recognition Of The Successful Miami Beach SpaylNeuter
Campaign By Cat Network Volunteers.
(Requested by Mayor Matti Herrera Bower)
Certificate of Recognition To Be Presented to Condesa Gym.
(Requested by Commissioner Jonah Wolfson)
Certificate Of Recognition To Be Presented To Beatriz Tassara, Participant In UNIDAD's
Senior Placement Program.
(Requested by Commissioner Jonah Wolfson)
Ceritificate Of Recognition To Be Presented To Easter Seals South Florida, Inc.,
EmployerlParticipant In UNIDAD's Senior Placement Program.
(Requested by Commissioner Jonah Wolfson)
Certificates Of Appreciation To Be Presented To Miguell De Campillo From The Miami
Beach Housing Authority.
(Requested by Vice-Mayor Michael Gongora)
Certificate Of Recognition To Be Presented To Isabel Castano De Lugo In Celebration
Of Her 105'~ Birthday.
(Requested by Vice-Mayor Michael Gongora)
Agenda Item fA I - 8
Date 2-q-ll
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
I Request For Approval To Issue A Request For Proposals (RFP) For lnvestigative And Adjusting Services I 1 ~or'selected ~drt Liability Claims And Workers' Compensation Claims. I
Key Intended Outcome Supported:
Control costs of payroll including salary and fringe/ minimize taxeslensure expenditure trends are
sustainable over the long term.
Issue: 1 Should the Commission approve the issuance of a Request for Proposals?
Item SummarylRecommendation:
The City of Miami Beach requires the services of one (I) to two (2) experienced firms to provide
investigative (surveillance related) and adjusting services for selected tort liability and workers'
compensation claims. I The City is self-insured for both tort liability claims and workers' compensation claims. I
lnvestigative Services and Adjusting Services are a very important part of the City's self-insured Tort
Liability and Workers' Compensation program. These services help to minimize fraudulent claims and
protect the assets of the City.
The Mayor and City Commission authorized the City on February 8, 2006 to contract for these services.
The current contract will expire July 10, 201 1, with no further options to renew.
The issuance of the RFP will allow the City to move forward with the selection of an investigative company
for investigative and adjusting services for selected tort liability claims and workers' compensation claims.
I APPROVE ISSUANCE OF AN RFP. 1
Advisory Board Recommendation:
I
City Clerk's Office Legislative Tracking:
I Cliff Leonard, Risk Manager
Financial Information:
Account Source of
Funds:
El OBPl
Financial Impact Summary: As this is a request to issue an RFP, no funds are being expended at
this time
1
Total
Amount
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the Cifyyommission
FROM: Jorge M. Gonzalez, City Manager
DATE: February 9,201 1
SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR
INVESTIGATIVE AND ADJUSTING SERVICES FOR SELECTED TORT LIABILITY
CLAIMS AND WORKERS' COMPENSATION CLAIMS.
ADMINISTRATION RECOMMENDATION
Approve the issuance of an RFP.
ANALYSIS
The City of Miami Beach requires the services of one (1) to two (2) experienced firms to provide
investigative (surveillance related) and adjusting services for selected tort liability and workers'
compensation claims. The City of Miami Beach is self-insured for both tort liability claims and
workers' compensation claims (this RFP does not include the Administration of the City's
Workers' Compensation program which is under separate contract).
Investigative Services and Adjusting Services are a very important part of the City's self-insured
Tort Liability and Workers' Compensation program. These services help to minimize fraudulent
claims and protect the assets of the City.
The Mayor and City Commission authorized the City on February 8,2006 to contract for these
services. The current contract will expire July 10, 201 I, with no further options to renew.
The issuance of the RFP will allow the City to move forward with the selection of an investigative
company for investigative and adjusting services for selected tort liability claims and workers'
compensation claims.
SCOPE OF SERVICES
I. Provide Surveillance of the claimant for selected Tort Liability and Workers'
Compensation Claims
2. Provide Activity Checks of the claimant for selected Tort Liability and Workers'
Compensation Claims.
3. Provide "Research and Background Investigations" of claimants for selected Tort and
Workers' Compensation Claims.
4. Provide complete investigative and adjusting services for selected Tort Liability Claims.
5. Other related services as requested.
6. Submit a written report with appropriate documentation at the conclusion of each
assignment to the Human Resources DepartmentlRisk Management Division. The
report must contain the following minimum information:
Commission Memorandum
February 9, 201 1
RFP for Investigative Services
Page 2 of 3
A. Identify the claimant investigated and provide a written comprehensive report
indicating activity preformed, summary, and recommendations.
B. Provide written background results, surveillance tapesIDVD, and photos.
C. Invoice for type of activity and length of activity identifying total amount due.
MINIMUM REQUIREMENTS
I. Must possess a class "A license issued by the State of Florida. Investigators must
possess a "C or "CC license.
2. Must possess an "Appointment" as an Adjusting Agency for All-Lines Insurance Claims
by the State of Florida.
3. Must have a minimum of ten (I 0) years verifiable experience.
4. Must be located and locally managed within sixty (60) miles from the City limits of Miami
Beach.
EVALUATION PROCESS
The procedure for Proposal evaluation and selection is as follows:
I. Request for Proposals issued.
2. Receipt of Proposals.
3. Opening of Proposals and determination if they meet the minimum standards of
responsiveness.
4. An Evaluation Committee, appointed by the City Manager, will meet to evaluate each
Proposal in accordance with the requirements of this RFP. Proposers may be requested
to make additional written submissions or oral presentations to the Evaluation
Committee.
5. The Evaluation Committee shall recommend to the City Manager the Proposal or
Proposals acceptance of which the Evaluation Committee deems to be in the best
interest of the City.
6. The Evaluation Committee shall base its recommendations on the following factors, for a
total of 100 possible points:
Evaluation Criteria:
o The ex~erience and aualifications of the firm
Weiaht
20 points o The experience and qualifications of the key personnel 20 points
o Proposed fees 30 points
o Evidence of financial stability 10 points
o Methodolgy and approach 10 points
o Client references 10 points
Total: I00 points
7. After considering the recommendation(s) of the Evaluation Committee, the City Manager
will recommend to the City Commission the response or responses, acceptance of which
the City Manager deems to be in the best interest of the City. The Committee's
recommendation(s) will adhere to the criteria in Item No. 6 above.
8. The City Commission will consider the City Manager's recommendation(s) (in light of the
recommendations(s) and evaluation of the Evaluation Committee) and, as appropriate,
approve the City Manager's recommendation(s); may reject the recommendation(s) and
select another proposal or proposals; or may reject all proposals.
9. Contract negotiations between the selected Proposer(s) and the City commence. If the
Commission Memorandum
February 9,201 1
RFP for Investigative Services
Page 3 of 3
City Commission has so directed, the City may proceed to negotiate a contract with a
respondent other than the top-ranked Proposer, if the negotiations with the top-ranked
Proposer fail to produce a mutually acceptable contract within a reasonable period of
time.
A proposed contract (or contracts) may be presented to the City Commission for
approval, modification and approval, or rejection.
If and when a contract (or contracts) acceptable to the respective parties is approved by
the Mayor and Commission, the Mayor and City Clerk sign the contract@) after the
selected Proposer(s) has (or have) done so.
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of a
Request for Proposals for investigative and adjusting services for selected tort liability claims
and workers' compensation claims in accordance with the qualifications and scope of services
outlined herein.
T:\AGENDA\2011\2-09-1 l\lnvestigative Service RFP Memo.doc
CVMMISSIUN I l tM SUMMAKY
Condensed Title:
Request for Approval To Issue A Request For Proposals (RFP) For Auctioneer Services of Crty Surplus
Items, On An "As Needed" Basis.
Key Intended Outcome Supported: I Improve the City's overall financial health and maintain overall bond-rating. I
Supporting Data (Surveys, Environmental Scan, etc.): NIA
Issue: I Shall the Crty Commission approve the issuance of an RFP?
Item Summary/Recommendation:
The purpose of this RFP is to establish a contract for Auctioneer Services of City surplus items, (i.e.,
vehicles, office furniture, computers, and police confiscated items) on an "as needed basis".
The contract shall commence after the approval of the Mayor and City Commission and execution by the
Mayor and Crty Clerk, and shall remain in effect for a period of two (2) years. Providing that the successful
Auctioneer will agree to maintain the same price, terms and conditions of the contract, the contract maybe
renewed for an additional two (2), one-year periods, at the Crty's sole discretion.
The Auctioneer shall accept responsibility for all items received and sign for the property. The property shall
be kept in a secured facilrty. All items received by the Auctioneer shall remain in their original containers.
Tags, labels, or other identification means will not be removed until the property is sold at auction and all
funds have been received, at which time the property will be released. All property received by the
Auctioneer shall be maintained in such a manner as to ensure the securrty of the property at all times.
The City requests that a self-funding model, either a Buyers Premium model or some other method of no
cost to the City, be included in the Auctioneer's proposal.
APPROVE THE ISSUANCE OF AN RFP
Advisory Board Recommendation: I NIA
Financial Information:
Account Source of
Funds:
El OBPl
City Clerk's Office Legislative Tracking:
I Gus Lopez, ex 6641
1
2
-.3 Total
Amount ---
City of Miami Beach, 1700 Convention Center Drive, Miarni Beach, Florida 33 139, ~p~vy.rniarniheachfl.ynv
COMMISSION MEMOMNDUM
TO: Mayor Matti Herrera Bower and Members of thyity Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: February 9,201 1
SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS
(RFP) FOR AUCTIONEER SERVICES OF CITY SURPLUS ITEMS, ON AN
'AS NEEDED" BASIS.
ADMINISTRATION RECOMMENDATION
Approve the issuance of an RFP.
ANALYSIS
The purpose of this RFP is to establish a contract for Auctioneer Services of City surplus
items, (i.e., vehicles, office furniture, computers, and police confiscated items) on an "as
needed basis".
TERM OF CONTRACT
The contract shall commence after the approval of the Mayor and City Commission and
execution by the Mayor and City Clerk, and shall remain in effect for a period of two (2)
years. Providing that the successful Auctioneer will agree to maintain the same price,
terms and conditions of the contract, the contract may be renewed for an additional two
(2), one-year periods, at the City's sole discretion.
SCOPE OF SERVICES
The services included in this section are intended to inform Auctioneer of the minimum
expectations of the City.
AUCTION CATALOGS
The Auctioneer shall prepare an auction catalog that lists all items to be auctioned by lot
number. Each item shall be described individually within the lot. Each lot shall be sold as
listed in the auction catalog. No alterations or substitutions of items shall be allowed. No
partial lot will be sold. Each lot will have a published minimum bid amount at which the
bidding shall start.
Auction catalogs will be supplied by the Auctioneer to the City prior to the date of the
auction in sufficient quantities for distribution to all proposers.
Commission Memorandum
RFP for Auctioneer Services
February 9, 201 1
Page 2 of 6
CUSTODY OF PROPERTY TO BE AUCTIONED
The Auctioneer shall accept responsibility for all items received and sign for the property.
The property shall be kept in a secured facility. All items received by the Auctioneer shall
remain in their original containers. Tags, labels, or other identification means will not be
removed until the property is sold at auction and all funds have been received, at which
time the property will be released. All property received by the Auctioneer shall be
maintained in such a manner as to ensure the security of the property at all times.
AUCTIONEER SERVICES
The Auctioneer will be responsible for all phases of conducting an auction that will
include, but is not limited to the following: appropriate publicity and advertising, including
the publication of notice required in Section 717.122(1), Florida Statutes; storage and
transportation of property; printing of auction catalogs; securing adequate facilities for
the auction; directing the display of property; preparing sales transaction records and an
accounting report; providing for security of the property and premises; and serving as the
Auctioneer. The Auctioneer shall submit to the City, at least four weeks prior to the
auction, a sample bill of sale to be reviewed and approved by the City's Contract
Administrator for use at the auction.
COLLECTION AND REMITTANCE OF FUNDS
The Auctioneer shall be responsible for collecting all funds due from the public sale.
Within three (3) working days after the close of the auction, the Auctioneer shall remit to
the City, by certified check of the net proceeds received during the course of the auction.
Upon failure to remit the proceeds within three (3) working days, the Auctioneer shall
pay to the City interest at the rate of twelve percent (12%) per annum, to accrue from the
day the remittance is due to the City.
UNSOLD PROPERTY
All property items not sold at the auction will be returned to the City within three (3)
working days after conclusion of the public auction. The City will verify that the same
identical property has been returned with its original City tags affixed and in the original
City containers. The City will give a receipt to the Auctioneer for said property. The City
may refuse unsold items not returned as prescribed herein and the Auctioneer may be
held liable for said items at the rate of the appraised value of the item(s).
LOCATION AND FACILITIES
At the expense of the Auctioneer, the location of the auction shall be selected by the
City. The Auctioneer shall procure adequate premises for the auction display and public
auction, subject to receiving prior written consent from the City's Contract Administrator..
The City reserves the right to change the location of any future auction(s) that may result
from the contract from this RFP or its subsequent renewal.
Commission Memorandum
RFP for Auctioneer Services
February 9, 201 1
Page 3 of 6
DATE AND TIME OF PUBLIC DISPLAY
The Auctioneer shall be responsible for all components associated with the public
display of property, including, but not limited to, public viewing and handling, security
personnel, and all costs attributable to said services. The Auctioneer shall conduct a
public display of all property to be sold for not less than one (1) business day prior to the
Auction. The City reserves the right to display some of the property for promotional
purposes prior to the auction. All property shall be displayed in such a manner and with
sufficient personnel on hand to ensure the continued security of the property. The public
shall be permitted to request to preview a specific lot at anytime prior to or during he
auction, provided it has not been sold.
AUCTION
Actual hours on the days of auction shall be no earlier than 9:00 A.M. and no later 6:00
P.M. The auction will be held on a date to be mutually agreed upon between the City
and the Auctioneer. Should the auction date fall on a Saturday, members of the
community who observe the Sabbath day will be able to preview and submit a sealed bid
on the Friday before the Auction.
ACCOUNTING REPORT
At the conclusion of the auction, the Auctioneer shall submit an accounting report to the
City providing details of each transaction during the auction. The accounting report shall
include, at a minimum, the name and address of each purchaser, their respective bidder
number, the lot numbers purchased by each, the selling price for each lot, and the total
amount of sales for each purchaser. The accounting report shall also provide a total
amount sold during the auction. Provide to the City a record of all buyers' premium
amounts for each lot sold.
BONDING OR INSURANCE
Not less than four (4) weeks prior to taking custody of the items to be included in the
auction, the Auctioneer shall provide the City with a fidelity bond, financial guaranty
bond, fidelity insurance or other financial guaranty from an entity licensed in the State of
Florida which provides protection to the City against theft, loss, or other illegal diversion
of property or funds by the Auctioneer, or its employees and agents. Auctioneer is
responsible for obtaining both Federal and State unemployment insurance coverage and
standard workers' compensation insurance coverage. Auctioneer is responsible for
obtaining Commercial Automobile Liability Insurance including coverage for owned,
hired and non-owned vehicles with a combined single limit of $1,000,000 per occurrence
for bodily injury, personal injury and property damage. Auctioneer is responsible for
providing the City with a certificate of insurance naming the City as an additional insured
and shall require the insurance carrier to provide the City thirty (30) days prior
notification if any policy is to be canceled or terminated. The amount of the bond shall
not be less than one hundred percent (100%) of the minimum appraised value of all
property to be held and sold by the Auctioneer. 1
Commission Memorandum
RFP for Auctioneer Services
February 9, 201 1
Page 4 of 6
SECURITY FOR PROPERTY AND PREMISES
The Auctioneer shall be responsible for providing security for the property to be
auctioned from the time of taking custody of the property until the property is sold at
auction or is returned to the City. Not less than two weeks prior to receipt of the property
by the Auctioneer, a written security plan shall be provided to the City for review and
approval in writing by the City's Police Chief or his designee. The plan shall detail the
security measures to be provided for transportation, storage, pre-auction public display
and auction of the property, and the premises of the auction. The Auctioneer shall not
take custody of the property prior to two (2) weeks before the date of the auction display.
MINIMUM BID PRICE
The appraised value as identified in the property inventory catalog for each lot shall be
the minimum opening bid price for that lot. The Auctioneer may start the bidding at a
higher value. No lot or item shall be sold for less than the starting bid figure without the
approval of the City senior member present at the auction.
ADVERTISING
In addition to the publication of notice required by Section 71 7.122(2), Florida Statutes,
the Auctioneer shall advertise the auction in a newspaper of general circulation in the
County in which the auction will be held as follows: A minimum of two advertisement
shall be placed which consists of a minimum of 1.5 inch column and appear twice during
the week immediately preceding the date of the public display. The advertisement shall
be placed in the section of the newspaper labeled "Local" or its equivalent. Any and all
advertising or publicity by the Auctioneer shall be pre-approved in writing by the City's
Contract Administrator. All advertisements shall comply with the requirements of Chapter
468, Part VI, and Florida Statutes. No less than thirty (30) days prior to the auction, the
Auctioneer shall mail out postcards to the auctioneer's mailing list and the City's mailing
list. Also, the Auctioneer will advertise in at least one (1) of the Spanish-language
newspaper under contract with the City.
AUCTION SIMULCAST (Desired-Not-Required)
At the expense of the Auctioneer, an ability to have an lnternet Simulcast of the live
auction with real time bidding is considered desirable. Absentee bids accepted online
are also considered desirable. The successful Auctioneer will include a detailed plan for
the electronic commerce services that they will provide and must meet all State and
Federal laws. Four (4) weeks prior to the auction, a detailed summary of services and
expenses that will be incurred for this service shall be approved by the City prior to the
auction. At the Auctioneer's expense, all lots sold from the lnternet simulcast and the
absentee bids shall be shipped by the Auctioneer to the winning bidders within three
business days of the auction.
AUCTION PROCESS
The Auctioneer shall set forth in writing the rules and conditions of the auction including
the terms of bidding and sale, the method of handling disputes, and acceptable forms of
Commission Memorandum
RFP for Auctioneer Services
February 9,201 1
Page 5 of 6
payment by the public. Such information shall be made readily available to the public by
insertion in the auction catalog and as part of the bidder's package. The rules and
conditions shall be approved in writing by the City's Contract Manager prior to the
auction. The Auctioneer and its employees and family members shall be prohibited from
bidding in the auction process.
AMOUNT DUE TO AUCTIONEER
The City requests that a self-funding model, either a Buyers Premium model or some
other method of no cost to the City, be included in the Auctioneer's proposal.
Net ProceedsISales is the revenue received from the sale of auctioned items after the
auctioneer deducts the Buyer's Premium and any applicable adjustments. The Buyer's
Premium will be a set percentage. The Buyer's Premium in the dollar amount paid to the
Auctioneer. Each lot will be sold at the same percentage regardless of lot size or
amount. Example: Lot Sold Price $1000.00. Buyers Premium is 5%' amount due to City
is $9950, and the amount due Auctioneer is $50.00.
CITY RESPONSIBILITIES
1. The City shall maintain proprietary rights to all property until such time as the public
auction is conducted and the property is sold and payment actually received by the City.
2. The decision of the City shall be final and binding on both parties in the event of any
disputes differences of opinion as to the procedures to be used or the services to be
furnished by the Auctioneer.
3. The City shall have sufficient personnel present to monitor the auction process and to
answer any questions.
AUCTIONEER RESPONSIBILITIES
I. The Auctioneer shall submit to the City, in a form acceptable to the City, an
accounting report that will contain the information required by the City.
2. The Auctioneer shall have an appraiser@) available as an employee of the Auctioneer
or as and independent contractor.
3. The Auctioneer shall maintain integrity and professionalism throughout the entire
auction process while representing the City.
4. The Auctioneer shall be responsible for all advertising and public notices.
5. The Auctioneer shall promptly remit proceeds of the auction to the City within the time
frame specified in this RFP, and subsequent contract award.
Commission Memorandum
RFP for Auctioneer Services
February 9, 201 1
Page 6 of 6
6. The City shall prepare an auction catalog that lists all items to be auctioned by lot
number with each item being individually described within the lot. Auction catalogs will
be provided to the Auctioneer in sufficient quantities or formatted for Internet display
prior to the pre-auction public display for sale to all proposers.
7. The City shall have each inventory lot tagged and numbered. No tag shall be removed
until payment is received for the sale of each lot. Any item with a tag that has been
noticeably tampered with will be removed from the auction and any loss of value for
items will be the responsibility of the Auctioneer.
S. AS IS WHERE IS
All vehicles, office furniture and equipment sold at auction will be sold "AS IS, WHERE
IS". The City will not warrant condition, merchantability or fitness of items sold at auction.
This information shall be made a part of the auction advertisement, posted in sales
areas and made available to the general public upon request.
T. CONFLICT OF INTEREST
No employees of the Auctioneer .or any member of their immediate family shall be
allowed to bid on, or purchase, either directly or indirectly, any items sold at any auction
held pursuant to this agreement. Also, no City employee or any members of their
immediate family may participate if they had any involvement in the decision of what
items to surplus.
U. QUALIFICATION
In order for proposals to be considered, Auctioneer must submit with their proposal
evidence that they are qualified to satisfactorily perform the specified service. Evidence
shall include all information necessary to certify that the Auctioneer maintains a
permanent place of business; is properly licensed in the State of Florida, has not had
just or proper claims pending against the principal or firm; and has provided
Auctioneering services to other entities. The evidence will consist of listing of contracts
for similar services that have been provided to public and1 or private sector clients, within
the past three (3) years.
V. EVALUATION CRITERIA
An Evaluation Committee appointed by the City Manager, will recommend the most
qualified Auctioneer based on the following criteria:
............................ Experience and Qualifications of the Auctioneering Firm 15 points
..................................... Experience and Qualifications of the Auctioneer.. -25 points
................................................................ Methodology and Approach.. 10 points .......................................................................... Past Performance.. .I0 points .............................................................................. Buyer's Premium.. -40 points
Total 100 points
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the
issuance of an RFP for Auctioneer Services for City surplus items, on "an "as needed"
basis"
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MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager
February 9,201 1
M SUBJECT: A REFERRAL TO THE FINAN AND CITYWIDE PROJECTS COMMITTEE A
DISCUSSION REGARDING WHETHER OR NOT TO EXERCISE RENEWAL OPTIONS
IN THE MANAGEMENT AGREEMENT WITH GLOBAL SPECTRUM FOR THE
MANAGEMENT OF THE MIAMI BEACH CONVENTION CENTER, COLONY THEATER
AND BYRON CARLYLE THEATER.
ADMINISTRATION RECOMMENDATION:
The Administration recommends referring this item to the Finance and Citywide Projects Committee.
BACKGROUND
On September 10,2008, the City Commission approved Resolution No. 2008-26888 which approved an
agreement between the City and Global Spectrum, L.P. for the Management of the Miami Beach
Convention Center, Colony Theater, and Byron Carlyle Theater. The Agreement was for an initial three
(3) year term commencing on October 1,2008, and ending on September 30,201 1, with two (2) one-
year renewal options, exercisable with ninety (90) days prior written notice, at the sole and absolute
discretion of the City.
Agreement Terms - Fees, Incentive And Contributions
The Base Management Fee in the first year was $275,000. Additionally, Global Spectrum is entitled to
an incentive that cannot exceed an amount equal to 100% of the base fee, which is capped at the
greater of CPI or 3%. Global Spectrum also provided the City with the following contributions:
Capital contribution (one-time) = $375,000
Scholarship contribution (annual) = $ 12,500
The following chart details the payments made to and from Global Spectrum during the first two years of
the initial term, as well as projections for the third year.
Agenda Item CY??
Date a-f-l/
Payment to GS Actual Actual Projected
2008109 200911 0 201 011 1
$ 244,257.60
$ 16,883.70
$ 8,533.70
$ 188,772.50
MBCC
Colony
Byron
Incentive****
$ 241,600.00
$ 16,700.00
$ 16,700.00
$ 148,500.00
Total $ 423,500.00 $ 415,250.00 $ 458,447.50
Payment to CMB
$ 241,600.00
$ 16,700.00
$ 16,700.00
$ 140,250.00
$ 12,500.00
Capital
Scholarship
Total $ 387,500.00 $ 12,500.00 $ 12,500.00,
$ 375,000.00
$ 12,500.00 $ 12,500.00
Convention Center Management Agreement Renewal Referral
City Commission Meeting
February 9,207 I
Page 2 of 4
In FY 08/09, the lncentive Fee was equal to 54% of Base Fee. There was no CPI Adjustment in FY
0911 0, and the lncentive Fee was equal to 51 % of Base Fee. For FY 10/11 we are calculating a 1.1 %
CPI Adjustment and an lncentive Fee projected at 70%.
Net Performance Im~rovement
Pursuant to the Agreement, Global Spectrum guaranteed a Net Performance Improvement, which is
defined as the "Required Improvement" on the Fiscal Year (FY) 08/09 budgeted net deficit of
$1,492,134 (which includes both the FY08/09 budgeted net operating deficit and includes Executive
Salaries and Benefits). As per the Agreement, the Required lmprovement over the net deficit of
$1,492,134 for each Contract Year is as follows:
FY 08/09 = $ 500,000 (or a resulting net operating loss of $992,134)
FY 09/10 = $1,000,000 (or a resulting net operating loss of $492,134)
FY 1011 1 = $1,500,000 (or a resulting net profit of $7,866)
On March 1, 2010, the City Commission adopted Resolution No. 2010-27372, which approved an
amendment to the Agreement adjusting the Net Performance lmprovement by $50,301.20 in each year
due to a an interest shortfall credit which resulted from the City's requirement for Global Spectrum to
change banking institutions. The requirement for Global Spectrum to make a $500,000, $1,000,000 and
$1,500,000 improvement over the net deficit did not change. The adjustment is only to the starting net
deficit amount. This Amendment changed the Required lmprovement over the net deficit of $1,542,435
(from $1,492,134) and for each Contract Year is as follows:
FY 08/09 = $ 500,000 (i.e., or a Net Operating Loss of $1,042,435 (from $992,134)
FY 09/10 = $1,000,000 (i.e., or a Net Operating Loss of $542,435 (from $492,134)
FY 1011 1 = $1,500,000 (i.e., or a Net Operating Loss of $42,435 (from a profit of $7,866)
In the first year of the initial Term, to the extent the actual improvement achieved in the Fiscal Year was
less than the Required Improvement, as set forth above, the City could draw against the $500,000 Letter
of Credit (LOC) provided by Global for any difference between the Required lmprovement and the actual
improvement. The contract also allows Global to bank or apply any excess improvement from year one
to any shortfall of their required improvement in year two (up to the value of their lncentive Pay). The
Line of Credit provides a venue for the City to collect if there are subsequent shortfalls on their Required
Improvements.
New Messe Schweiz Show
As you may recall, the Management Agreement also has a requirement for Messe Schweiz (M.S.), in
partnership with Global Spectrum, within the initial term and subject to the existing booking policies and
commercial viability, book the following:
1. Use best efforts to book and actualize, one (1) M.S. owned show or event during the
initial term of the Agreement.
2. Use best efforts to book and actualize during the initial term of the Agreement, which can
occur after the initial Term, one (1) (non-M.S. owned) international show or event.
Global Spectrum provides a Corporate Guarantee, on behalf of M.S., in the amount of $275,000 for the
City to draw upon if, notwithstanding M.S. "best efforts," as provided for in the Management Agreement,
M.S. fails to book and actualize shows or events. The March 201 0 Amendment gave Global Spectrum
until the end of the third contract year (September, 30, 201 1) to book and actualize one M.S.
producedlowned show or event before the $250,000 Guarantee is due to the City.
Convention Center Management Agreement Renewal Referral
City Commission Meeting
February 9,201 1
Page 3 of 4
Global and M.S. also must book, during the initial Term, one non-M.S. producedlowned international
show or event, an additional $25,000 is due to the City. This show or event may be actualized at any
time up to 24 months following the end of the Term provided that, during such period, the Corporate
Guarantee provided by Global to secure this obligation remains in effect, unaffected by the termination
or expiration of this Agreement.
OPERATIONAL HIGHLIGHTS
As you know, Global Spectrum officially assumed management responsibility for the Miami Beach
Convention Center (MBCC), Colony Theatre and Byron Carlyle Theater on October 1, 2008. Global
originally successfully transitioned 63 of the 77 full-time employees (81 %).
The transition of management was seamless and without any interruption to services. In fact,
International BoatBuildersl Exhibition and Conference (IBEX), the first event in the building following the
transition, sent Global Spectrum a letter commending them on their efforts and its contribution toward a
successful show. Global dealt with a significant power failure in Hall C during IBEX and successfully
provided temporary power for the show.
The MBCC operated at 61% occupancy in each of the first two fiscal years of the agreement. This
includes more than 698,840 people attending 184 events FY 2009 and 518,835 people attending 125
events in FY 201 0.
The MBCC initially experienced very few cancellations as a result of the economic downturn. However,
IBEX and Shoe Market have since left the MBCC for other venues. Additionally, the Graphics of
America Show and IDEA will use the MBCC every other year instead of annually. This is a loss of
$2.075 million annual is gross revenue. Additionally, several events reduced the amount of square
footage being rented, which resulted in a reduction in rental revenue. Additionally, service revenue (food
and beverage, electric, AN, etc) was lower than anticipated. Simultaneously, Global Spectrum has
been able to achieve significant savings in insurance, energy management and "Green" initiatives, trash
hauling, and event labor. They have also been able to generate additional revenue in ATM fee and
sponsorshipladvertising agreements. These measures have helped to off-set the aforementioned
revenue decreases.
The "Green" Initiatives implemented by Global Spectrum included "Step Up" program logos placed on
light switches and computers reminding employees to reduce energy when not in use; programming of
major mechanical control functions for energy reduction; single stream recycling program; and the
purchasing of green janitorial cleaning supplies, toilet tissue, paper towels and hand soap. They worked
closely with Centerplate to ensure that they are utilizing recyclable products in regards to utensils,
disposable plates and paper products. This effort has already yielded significant results. In December,
January and February, Global reduced electrical consumption by 23% in FY 2009 and over 15% in
2010.
Global Spectrum, in partnership with Messe Schweiz (MCH), developed new collateral material, which
outlines the business industry and related selling points strictly devoted to the European market. MCH
also launched additional web pages within their website that includes sales brochures and additional
information regarding the MBCC and the destination.
Convention Center Management Agreement Renewal Referral
City Commission Meeting
February 9,201 1
Page 4 of 4
These activities resulted in the following Net Operating Income:
* Please note: Net Operating Income does not include transition costs or non-operating (City) revenues or
expenses that are part of the MBCC Enterprise Fund.
FY 2008109
FY 200911 0
Following the end of FY 2009, Global Spectrum paid the City $76,897, which represents the shortfall
from the "Required Improvement." This also included uncollected bad debt. In FY 2010 Global
Spectrum surpassed the "Required Improvement" by $214,445. Over the first two years of the
Agreement, Global Spectrum has reduced the operating loss of the MBCC by $1,214,445. However, it
should be noted that bookings for the current fiscal year (FY 201 1) are not as strong and Global
Spectrum is not projected to achieve the same level of savings.
The Sales and Marketing Department was challenged in FY09 to produce $700,000 in new short-term
business, in the year for the year. The MBCC sales staff exceeded this goal booking $716,756 in new
business for the fiscal year. The year was highlighted by The UM Sylvester Gala, Engineering and Land
Institute, MiaGreen, Zetabid Auction, TattoLaPalooza, Jump Miami and the Great Merchandise Sale.
Net Operating
Incomel(Loss)
ACTUAL
($1 ,I 19,332)
($327,990)
For FYI 0 they established a goal for themselves of with actualizing $1 million in new business, in the
year for the year. The Social Venture CapitalIEnterprise Conference, Wells Fargo Home Preservation
Workshop, Antique Roadshow, NACA Save the Dream, Herbalife lnternational and Nike Launch helped
push the "in the year for the year" bookings to $1,003,000 for the fiscal year. Record-breaking
attendance, both national and international was witnessed by citywide meetings such as the Society of
Critical Care Medicine, American Academy of Dermatology, Best Buy Company Achievers, American
Institute of Architects and The lnternational Floriculture Expo. As well, the MBCC annual events, Art
Basel Miami Beach, lnternational Boat Show, Cruise Shipping, South Florida Auto Show and all three
Jeweler's lnternational Showcase events saw, not only an increase in attendance, but an increase in
exhibitor interest.
The Event Services Department implemented procedures to increase the percentage of "positive" client
survey scores by 5% as well as increase ancillary revenue by 10%. Both goals were met as "positive"
survey scores increased from 89% to 93%, an increase of 5% with ancillary revenue increasing from a
bottom line figure in FY09 of $2,241,987 to FYI0 of $2,606,634, an increase of 16%.
Net Operating
Incomel(Loss)
BUDGET
($1,042,435)
($542,435)
CONCLUSION
Variance
($76,897)
$214,445
The Administration recommends that the Mayor and Commission approve an Amendment to the
Management Agreement between the City and Global Spectrum to reflect mutually agreed-upon
adjustments, as described.
J MG\HMF\MAS
T:MGENDA\2010\March lO\Regular\Global Amendment No.1 MEMO.doc
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
- ',I
Y*-- -...._I._Iel ___ -_._.
Jorge Gonzalez, City Manager
Jerry Libbin, Commissioner
January 26, 201 0
SUBJECT: Consent agenda item for the February 9, 201 1 Commission meeting; a referral
to the Finance and Citywide Committee to discuss whether or not to grant the Miami Beach
Garden Conservancy the right to receive Naming Gifts as part of the Garden renovation.
Please place on the February 9 , 201 1 Commission meeting; a referral to the Finance and
Citywide Committee to discuss whether or not to grant the Miami Beach Garden Conservancy
the right to receive Naming Gifts as part of the Garden renovation.
The Garden Conservancy is working on a tight budget and would like to accept donations in
exchange for naming an area, feature or component of the Garden on behalf of a donor.
Please contact my office at ext. 71 06 if you have any questions.
Agenda Item C
Date 2-q-11
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Jorge M. Gonzalez, City Manager
Jonah Wolfson, Commissioner
January 27'h, 201 1
Agenda ltem
Please place on the February gth, 201 1 Commission Meeting Agenda a referral to the Land
Use & Development Committee to discuss the parking requirement and how we can
incentivize for good hotel development.
If you have any questions, please contact Leonor Hernandez at extension 6437.
Agenda ltem C 4C
We are committed lo providing excellenf public servrce and safety to all who live, work, arld play in our v{ Date 2-9-11
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MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Ed Tobin, Commissioner
DATE: January 31,201 1
SUBJECT: Agenda item for February 9th Commission Meeting - Referral of ltem for Discussion
to Land Use and Development Committee
Please place on the February gth, 201 1 City Commission meeting agenda a referral to the Land
Use and Development Committee to discuss the effect of stay of proceedings resulting from
appeals of administrative decisions to the Board of Adjustment, under City Code Section 11 8-
137, relating to applications before other land use boards.
Should you have any questions, please contact Yanette Bravo at ext. 6274.
Agenda ltem C (/D
We ore cornrn~fted to provld~ng excellent publrc service and safety to 011 who Irve, work, and ploy m oud Date d-9-N
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
~n~f . rrn - I , 0;l I : MEMORANDUM
Jorge Gonzalez, City Managdir--------
Jerry Libbin, Commissioner
February 2, 201 1
SUBJECT: Consent agenda item for the February 9, 201 1 Commission meeting; a referral to
the Land Use and Development Committee to discuss the automatic stay provisions of City Code
Section 1 18-1 37.
Please place on the February 9, 201 1 Commission meeting a referral to the Land Use and
Development Committee to discuss the automatic stay provisions of City Code Section 1 18-1 37.
"This section provides for a stay of all proceedings in furtherance of the action appealed from,
while an appeal to the Board of Adiustment of a related administrative decision is being
reviewed. The use of this stay provision has recently been brought to our attention that
justifies its being reviewed by the City Commission."
Please contact my office at ext. 71 06 if you have any questions.
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
Jorge Gonzalez, City Manage
Michael Gongora, Vice Mayor
February 1, 201 I
SUBJECT: Referral Item for February gth Commission Meeting
MEMORANDUM
Please place on the February gth omm mission meeting consent agenda a referral
to the Land Use Committee for a discussion on automatic stays pursuant to Code
Section 1 18-1 36 and Section 1 18-1 37. If you have any questions please feel free
to contact my aide Diana Fontani at ext 6087.
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Matti Herrera Bower, Mayor .w -(k- k@
DATE: February 2,201 1
SUBJECT: Consent Agenda Item: Referral to Neighborhoods Committee
Please place on the Feb. 9, 201 I Commission meeting agenda a referral to the
Neighborhoods Committee of a discussion regarding the impact of bicycles -
including the Deco Bike program and the Bike Master Plan - and other vehicles,
such as Segways and skateboards, on pedestrian paths. I'd like an update on all
these issues and how the city can encourage all users of our streets and sidewalks
can exist in harmony.
I thank you in advance for your cooperation in this matter. If you have any
questions, please do not hesitate to contact Rebecca Wakefield at extension 6157.
Thank you.
MHBIrw
We ore cmi#ed 10 providing excellent pubhc service ond sdeiy 10 all who live, wrk, and ploy in d Agenda Item cq IE
Date 2-4-11
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MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Ed Tobin, Commissioner A
DATE: February 2,201 1
SUBJECT: Agenda item for February 9th Commission Meeting -Referral of ltem for Discussion
to Land Use and Development Committee
Please place on the February gth, 201 I City Commission meeting agenda a referral to the Land
Use and Development Committee to discuss the present plans to build a convention center and
casino in Miami-Dade County and the potential impact on Miami Beach.
Should you have any questions, please contact Yanette Bravo at ext. 6274.
I 1 Agenda Item C '1 ?=
We are committed fo providing excellent public service and sofey to all who live, work, ond ploy in our \j Date 24- 11
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$1 rrp, OFFICE OF THE MAYOR AND COMhtlSSlON i LC, - p;; 1 : 25 MEMORANDUM
>.
i ! *. - .. .. , TO: Jorge Gonzalez, City Mamgw-.-.
FROM: Jerry Libbin, Commissioner
DATE: February 2, 201 1
SUBJECT: Consent agenda item for the February 9, 201 1 Commission meeting; a referral
to the Land Use and Development Committee to discuss schools and daycare centers within
existing nonconforming commercial buildings in single family zoning districts, as a conditional
use.
Please place a referral to the Land Use and Development Committee a discussion regarding
schools and daycare centers within existing nonconforming commercial buildings in single
family zoning districts, as a conditional use.
Please contact my office at ext. 71 06 if you have any questions.
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MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge Gonzalez, City Manage
FROM: Michael Gongora, Vice Mayo
DATE: January 31, 201 1
SUBJECT: Referral Item for February $Ith Commission Meeting
Please place on the February gth Commission meeting consent agenda a referral
to the Sustainability Committee to discuss banning the use of chemical pesticides
in city parks. If you have any questions please feel free to contact my aide Diana
Fontani at ext 6087.
1 Agenda Item C (./H
1
1 Date 2-7-1[
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Matti Herrera Bower, Mayor (&,,, 44 f1-\~6
DATE: February I, 201 1
SUBJECT: Consent Agenda Item: Referral to Neighborhoods Committee
Please place on the Feb. 9, 201 1 Commission meeting agenda a referral to the
Neighborhoods Committee of a discussion regarding a recommendation of the
Quality of Education Committee for the city to support a ban or other methods of
discouraging the sale of smokeless candy-flavored tobacco products in the City of
Miami Beach.
I thank you in advance for .your cooperation in this matter. If you have any
questions, please do not hesitate to contact Rebecca Wakefield at extension 6157.
Thank you.
We ore cornmilfed lo providing excellenl service and sofeiy fo all who live, work, and ploy In cj
: Agenda Item c ‘u
j Date &-q-I/
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MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
From:
Date:
Subject:
Mayor Matti Herrera Bower and Members of the City Commission
/
Jorge M. Gonzalez, City
February 9,201 1
w
REPORT OF THE CAPITAL IMPROVEMENT PROJECTS OVERSIGHT COMMIITEE
MEETING OF DECEMBER 6,201 0
The meeting was called to order at 5:41 PM
Please note: These minutes are not a full transcript 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. REVIEW AND ACCEPTANCE OF MINUTES
MOTION: Acceptance of Minutes of the November 8, 201 0 ClPOC Meeting
MOVED : D. Kraai 1 ", E. Carney 2nd
PASSED: Unanimous
REVIEW OF THE 201 1 ClPOC MEETING SCHEDULE
COMMISSION ITEMS FROM NOVEMBER 17 COMMISSION MEETING
Star Island ITB
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING A CONTRACT AWARD, PURSUANT TO INVITATION TO BID NO. 43-
09/10, FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROGRAM -
NEIGHBORHOOD NO. 13A - STAR ISLAND, AUTHORIZING THE MAYOR AND ClTY CLERK
TO EXECUTE AN AGREEMENT, WlTH TRANS FLORIDA DEVELOPMENT CORP., AT THE NOT-
TO-EXCEED AMOUNT OF $696,887.45, FOR THE CONSTRUCTION OF THE PROJECT, PLUS
APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $69,688.75 FOR A GRAND
TOTAL OF $766,576.20; $563,131.54 FROM FUNDS PREVIOUSLY APPROPRIATED IN THE
CAPITAL BUDGET; AND FURTHER APPROPRIATING $203,444.66 FROM FUND 429
STORMWATER PROJECTS LINE OF CREDIT, WlTH SUCH FUNDS TO BE REPAID FROM
PROPOSED FUTURE STORM WATER BONDS; FURTHER AUTHORIZING THE
ADMINISTRATION TO ENAGGE IN VALUE ENGINEERING TO FURTHER REDUCE THE COST
AND TIME FOR COMPLETION OF SAID PROJECT.
Agenda Item ~6 A
Date 2-9-//
ClPOC Committee Meeting Minutes from December 6,2010
Page 2 of 4
Ciiy Center 9C ITB
REQUEST FOR APPROVAL TO AWARD A CONTRACT, PURSUANT TO INVITATION TO BID
(ITB) NO. 25-09/10, FOR RIGHT-OF-WAY INFRASTRUCTURE IMPROVMEENT PROGRAM ClTY
CENTER NEIGHBORHOOD 9C (LINCOLN ROAD), AUTHORIZING THE MAYOR AND ClTY
CLERK TO EXECUTE AN AGREEMENT WlTH M. VILA & ASSOCIATES INC., IN THE AMOUNT
OF $1 ,I 71,208.25, PLUS APPROVE A PROJECT CONTINGENCY OF TEN PERCENT IN THE
AMOUNT OF $1 17,120.83, FOR A TOTAL PROJECT AMOUNT OF $1,288,329.08;
FUNDING IN THE AMOUNT OF $1,171,208.25 FOR CONSTRUCTION HAS BEEN
PREVIOSULY APPROPRIATED IN THE ClTY CENTER RDA CAPITAL FUND 365; FUNDING IN
THE AMOUNT OF $1 17,120.83 FOR CONTINGENCY HAS BEEN PREVIOUSLY
APPROPRIATED IN THE ClTY CENTER RDA CAPITAL FUND 365; FURTHER AUTHORIZING THE
ADMINISTRATION TO ENGAGE IN VALUE ENGINEERING TO FURTHER REDUCE THE COST
AND TlME FOR COMPLETION OF SAlD PROJECT.
Sunset Harbour Garage ITB
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH,
FLORIDA ACCEPTING THE RECOMMENDATION OF THE ClTY MANAGER, PURSUANT TO
INVITATION TO BID (ITB) NO. 40-091 10, FOR THE CONSTRUCTION OF THE SUNSET
HARBOUR PARKING GARAGE AND RETAIL PROJECT; AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT WlTH BORAN CRAIG BARBER ENGEL
CONSTRUCTION COMPANY, INC, (BCBE), IN THE NOT-TO-EXCEED AMOUNT OF
$9,267,556.00, FOR THE CONSTRUCTION OF THE PROJECT, PLUS APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $926,755.60 (FOR A GRAND TOTAL OF
$1 O,194,3 1 1.60), AND EXECUTION SUBJECT TO AND CONTINGENCT UPON
SATISFACTION OF THE FOLLOWING CONSITIONS: 1 .) PROCEEDS OF THE BOND
FINANCING FOR THE GARAGE BEING AVAILABLE TO THE CITY; 2.) OCCURRENCE OF THE
"SECOND CLOSING" FOR THE REMAINING PROPERTY BEING ACQUIRED BY THE ClTY FOR
ASSEMBLY OF THE LAND TO DEVELOP/CONSTRUCT THE PROJECT; AND 3.) CONCURRENT
WlTH THE "SECOND CLOSING," EXECUTION OF AN AGREEMENT BETWEEN THE CITY
AND THE DEVELOPER/OWNER OF THE RETAIL PORTION OF THE PROJECT FOR SET ASIDE
OF THE DEVELOPER'S CONTRIBUTION ; AND FURTHER AUTHORIZING THE
ADMINISTRATION TO ENAGAGE IN VALUE ENGINEERING TO FURTHER REDUCE THE COST
AND TlME FOR COMPLETION OF SAlD PROJECT.
6
Bayshore 8B ITB
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MlAMl BEACH,
FLORIDA, APPROVING A CONTRACT AWARD, PURSUANT TO INVITATION TO BID NO. 2-
09/10, FOR THE CONSTRUCTION OF THE RIGHT-OF-WAY INFRASTRUCTURE
IMPROVEMENT PROGRAM - NEIGHBORHOOD NO. 88, BAYSHORE, LOWER NORTH BAY
ROAD PROJECT; AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE AN
AGREEMENT WlTH TRANS FLORIDA DEVELOPMENT CORPORATION, IN THE AMOUNT OF
$ 4,055,222.92, FOR THE CONSTRUCTION OF THE PROJECT, PLUS APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $405,522.29 FOR A GRAND TOTAL OF
$4,460,745.2 1 , INCLUDING $1,399,596.62 FROM FUNDS PREVIOUSLY APPROPRIATED IN
ClPOC Committee Meeting Minutes from December 6,2010
Page 3 of 4
THE CAPITAL BUDGET; APPROPRIATING $3,061,158.59 FROM FUND 429 STORMWATER
PROJECTS LINE OF CREDIT, WITH SUCH FUNDS TO BE REPAID FROM PROPOSED FUTURE
STORM WATER BONDS; AND FURTHER AUTHORIZING THE ADMINISTRATION TO ENGAGE
IN VALUE ENGINEERING TO FURTHER REDUCE THE COST AND TIME FOR COMPLETION OF
SAID PROJECT.
MOTION: Approve project subject to the inclusion of a generator to run the system.
MOVED: F. Karlton 1 ", S. Kilroy 2"d
5. PUBLIC COMMENTS
Greg Carney, Dilido and Venetian Island HOA President approached the Committee and asked
about the flooding in front of the Standard. Mr. Carney was inquiring about installing an
automatic switch on the pump station. Mr. Charles Carreiio, CIP Director, replied, saying that
the system does operate automatically. The Pump Station is on manual at the moment. Once the
outfall is completed it goes back to automatic, it should address the maiority of the problems at
the Standard because it is a direct drain.
6. REQUESTED REPORTS 6:49PM
Public Works to report on visit to the Sunset Harbour stormwater pump station
Mike Alvarez from the Public Works Department reported that Public Works continues to
perform maintenance on the pumps. Presently Public Works is looking at future improvements on
all three pumps; there is a consultant on board to review the pumps. Fernando Vazquez from
the Public Works Department recommended coming back to the next meeting with a technical
report and the specifics of a model and what solutions Public Works is proposing as well as a
timeline.
7. OLD BUSINESS
CIP Website
Mr. Carreiio reported that the CIP website is not complete. Saul Gross recommends hiring a
consultant. Mr. Carreiio believes it can be done in house.
Normandy Shores
Project is almost complete. Wells are being redeveloped.
Venetian Islands
Water mains are substantially complete. We are waiting on DOH Certification for the water
mains in the Venetian Causeway. Permits are in hand. Waiting on 100% comments internally,
before IT0 is issued. County schedule has not been shared with the City.
Sunset Islands I & II
Project is awaiting a December 15, 2010 ballot language to get resolved. All permits are in
hand. City is waiting for HOA to be able to move forward.
CIPOC Committee Meeting Minutes from December 6,2010
Page 4 of 4
Sunset Islands Ill & IV
Project is moving forward. CIP is waiting for FPL to provide us with the revised underground
plans. All undergrounding will go in the pavement areas. Existing ouifalls were evaluated and
inspected the City is utilizing. There was one found with a fence post thru it, it has been
corrected and the report has been issued to the HOA.
Palm & Hibiscus
December 7, 201 0 is election, City is waiting for results.
Flamingo/West Avenue Neighborhood
Flamingo neighborhood residents are scheduled to have a meeting to discuss neighborhood
improvements.
Royal Palm Avenue & 44'" Street Flooding Mitigation
Fernando Vazquez, Public Works reported Royal Palm Avenue is moving forward and is on
schedule. The installation of the infiltration trench on the main segments was finalized. Expects
project to be completed by late January or beginning of February 201 1.
Meeting Adjourned: 7:23PM
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 nz?
DATE: February 9, 201 1
SUBJECT: REPORT OF THE NEIGHBOR~ODSICOMMUN~~Y AFFAIRS COMMITTEE
MEETING HELD ON TUESDAY, JANUARY 11,201 1.
A meeting of the Neighborhoods/Community Affairs Committee was held on Tuesday,
January 11, 201 1 at 3:OOpm in the City Manager's Large Conference Room, 4th Floor, City
Hall. Commissioners in attendance: Jerry Libbin, Edward L. Tobin, Jorge Exposito (arrived
at 3:52pm), and Deede Weithorn. Members from the Administration and the public were
also in attendance. Please see the attached sign-in sheet.
THE MEETING OPENED AT 3:20 PM.
1. DISCUSSION REGARDING THE ISSUE OF A PARKING PROBLEM BY THE
HEBREW ACADEMY. (3:22PM)
Jose Smith, City Attorney, explained that the area in question is within the golf course
property covered by the settlement agreement. He added that the City may, under
certain circumstances, be able to provide for a parking facility at that location. This
would be consistent with the settlement agreement if the use of that parking facility was
ancillary to a recreational purpose such as tennis courts, golf course or Youth Center.
The property in question cannot be developed by the Hebrew Academy unless and until
there is compliance with that portion of the settlement agreement which provides for
construction to the west of the site.
After some discussion of parking options, Mr. Smith stated that another option is to
amend the settlement agreement. The Bayshore Homeowners Association is a
successor to the original plaintiffs that sued the City and the Hebrew Academy fifteen
years ago. If they agree to amend the settlement agreement to provide for stand-alone
parking at that location, that could be an option.
Commissioner Libbin suggested asking the City Attorney's Office to explore an
amendment to the settlement agreement. He added that he had just received a note to
please hold discussion on this subject until Commissioner Exposito arrives. (Discussion
stopped at 3:32pm).
Discussion resumed at 4:23pm.
Commissioner Tobin stated that his desire is to have the Hebrew Academy be able to
use this as their parking area and to not be limited that they may use it sometimes or
conditionally.
I Agenda Item 6 8
Date 2-9-11
City Commission Memorandum
February 9, 201 1
Report of the Neighborhoods /Community Affairs Committee of January 11, 201 1
Page 2 of 5
Commissioner Exposito suggested using the area between the Hebrew Academy and
the Mikvah be considered for the tennis courts for Beach High which would allow the
area in question to be used for parking as an ancillary use.
Commissioner Weithorn stated that she does not want to do anything leaving questions
on their intent by future commissions. The decision must be clear and done correctly.
Commissioner Libbin asked what the simplest way to provide the Hebrew Academy what
they need. Commissioner Tobin stated that he would prefer seeing the agreement
amended to say that the Hebrew Academy is not required to build a building and then
require the Hebrew Academy to let the parking lot be used when needed.
Commissioner Tobin made the motion to direct the Administration to move forward to the
City Commission to permit Commissioner Exposito to assist in negotiating an
amendment to the settlement agreement. Motion seconded by Commissioner Libbin.
ACTION: The Committee (Commissioners Libbin, Tobin, and Exposito present) moved
to direct the Administration to move forward to the City Commission to permit
Commissioner Exposito to assist in negotiating an amendment to the settlement
agreement. Motion seconded by Commissioner Libbin. (VOTE: 3-0)
DISCUSSION REGARDING EXCESSIVE USE OF SIGN ADVERTISING "CHEAP
MEALS" AND THE LIKE AT RESTAURANTS ON LINCOLN ROAD AND OCEAN
DRIVE. (REFERRAL BROADENED TO INCLUDE LOOKING INTO DECEPTIVE
PRACTICES). (3:50PM)
Commissioner Tobin read a memo from Commissioner Gcjngora explaining his concerns
on this topic.
Marlo Courtney spoke.
Commissioner Exposito arrived (3:52pm).
Jose Smith, City Attorney, stated that he believes that the City has sufficient ordinances
now to deal with most of the concerns raised by Commissioner Gongora in his memo.
Robert Santos-Alborna, Acting Code Compliance Director explained that Code
Compliance did witness some instances of aggressive soliciting over the New Year's
weekend themselves and did issue verbal warnings.
Flavio Nisti spoke.
Robert Wennet spoke.
David Kelsey spoke.
Carla Probus spoke.
Graziano Sbroggio spoke.
Commissioner Libbin asked Jose Smith, City Attorney, if the City could require that
specials listed on a display board have prices. Mr. Smith stated that his office will check
with Tallahassee as to whether the City can require prices to be listed on display boards.
Commissioner Tobin stated that the bigger question or discussion is that if the City wants
Lincoln Road to be a certain way there are probably a lot of different things that could be
done or required and tie those requirements to sidewalk cafe permit renewals.
City Commission Memorandum
February 9,201 1
Report of the Neighborhoods /Community Affairs Committee of January 11,201 1
Page 3 of 5
Commissioner Weithorn suggested starting an education campaign notifying sidewalk
cafe operators of the City's zero tolerance policy.
Hilda M. Fernandez, Assistant City Manager, reviewed the issues identified;
Solicitation - is enforceable under existing City Code; nothing needs to be
changed.
Signage - Code Compliance can go out to monitor to ensure that the cafes
are adhering to the existing Code as it pertains to their signage.
Food Displays - These are not allowed outside and if Code sees them they
can issue violations according to the existing ordinance.
Bait and Switch 1 50% off Ads - This is really a consumer issue. This is
something that the City could work with Miami-Dade County Consumer
Advocates Office to have them come out and do some of their own
monitoring so they can get a handle on any fraudulent advertising.
The Committee directed Code Compliance to increase education and ultimately the
enforcement and report back to the Committee in two months on their progress.
ACTION: The Committee (Commissioners Libbin, Tobin and Exposito present) directed
Code Compliance staff to increase education and enforcement and report back to the
Committee in two months on their progress.
3. DISCUSSION REGARDING REQUIRING MIAMI BEACH RESTAURANTS TO POST
SCORES GIVEN BY THE HEALTH DEPARTMENT. (3:35PM)
Commissioner Weithorn explained that there is no transparency in the City regarding
restaurant inspections, while New York City and Los Angeles post grade letter scores in
their restaurants. As this is a growing trend, she would like the City to lead the way in
the State of Florida by moving in that direction. There is a lot of work to do in
determining how to translate the current State evaluations.
Graziano Sbroggio spoke.
Hilda M. Fernandez, Assistant City Manager, clarified that the City would have to work
with the State's Department of Business and Professional Regulations as it is not the
Health Department that inspects the restaurants. The method used in the City of New
York to assign the letter grade that is posted in the restaurants is determined based on
the scores that result from inspections handled by a department that is actually within the
City.
David Kelsey spoke.
Carla Probus spoke.
Marlo Courtney spoke.
Robert Wennet spoke.
Ms. Fernandez stated that Administration will need to work with the City Attorney's Office
to determine what the City can and cannot do in the State of Florida. Jose Smith, City
Attorney, stated that there is some State pre-emption as far as what can and cannot be
done; however he believes as part and parcel of giving a sidewalk cafe permit the City
may be able to require it. Ms. Fernandez elaborated on how the program works in the
City of New York. She explained that there is not a grading system in the State of
Florida; only inspection results that reflect how many violations were issued. The City
would need to work with the State to see if a grading system could be developed and, if
City Commission Memorandum
February 9,201 1
Report of the Neighborhoods /Community Affairs Committee of January 11, 201 1
Page 4 of 5
approved, the question is whether the City can require the restaurants to post their grade
once there is a grading system established.
Commissioner Tobin made a motion to send to the Commission for their approval to
start advocacy in Tallahassee to encourage the State to allow municipal governments to
enact legislation covering what signage restaurants may be required to display, as well
as direct Administration to bring back to this Committee for review, a plan somewhat
comparable to that of the City of New York. Motion seconded by Commissioner Libbin.
ACTION: The Committee (Commissioners Libbin and Tobin present) moved to send to
the Commission requesting their approval to start advocacy in Tallahassee to encourage
the State to allow municipal governments to enact legislation covering what signage
restaurants may be required to display as well as direct Administration to bring back to
this Committee for review, a plan somewhat comparable to that of the City of New York.
(Vote: 2-0)
4. DISCUSSION REGARDING THE RELATIONSHIP BETWEEN ORGANIZATIONS
APPLYING FOR A SPECIAL EVENT PERMIT AND ANY CHARITABLE DONATIONS
THEY CLAIM WILL BE GENERATED BY THE EVENT, INCLUDING TRACKING
ACTUAL FUNDS DONATED. (4:40PM)
Commissioner Weithorn explained her desire for transparency as it relates to this issue.
Hilda M. Fernandez, Assistant City Manager, explained the current Special Event Permit
process, including the waiver request process. She explained that 42 waiver requests
for 501 (c)3 applicants were approved last year for non-profits and, of these, 37 received
a $500 waiver and five (5) received an additional $250 waiver because they were large
events. The applicant must provide their IRS form that proves that the applicant that is
producing the event is a 501(c)3. She added that this is not the same as an entity
saying they are producing an event to raise funds and then make a donation to some
charitable organization.
Dr. Morris Sunshine spoke.
After a lengthy discussion, Commissioner Tobin made the motion to direct the
Administration to add the requirement of the submission of a copy of an organization's
IRS Form 990 to the Special Event permit process should that non-profit request a
waiver of fees. Motion seconded by Commissioner Exposito.
Carla Probus spoke.
-
ACTION: The Committee (Commissioner Libbin, Tobin, and Exposito present) moved to
direct the Administration to add the requirement of the submission of a copy of an
organization's IRS Form 990 to the Special Event permit process should that non-profit
request a waiver of fees. (Vote: 3-0)
5. DISCUSSION REGARDING VARIOUS ISSUES RELATED TO FLAGLER MEMORIAL
(MONUMENT) ISLAND, ITS CURRENT AND FUTURE OPERATIONS AND
MANAGEMENT OPTIONS.
ACTION: The Committee did not discuss this item as it was deferred to the February 3,
201 1 meeting of the NCAC prior to the start of the meeting.
City Commission Memorandum
February 9,201 I
Report of the Neighborhoods /Community Affairs Committee of January 1 1, 201 1
Page 5 of 5
6. DISCUSSION REGARDING A PROPOSAL TO HONOR THE EXTENSIVE
COMMUNITY LEGACY OF STANLEY LEVINE WITH A MEMORIAL BENCH ON
LINCOLN ROAD. (5:02PM)
Commissioner Libbin expressed his concern with the number of requests that have
come through in recent months and that he would support a limit of items an elected
official may name.
Hilda M. Fernandez, Assistant City Manager, reminded the Committee that they had
previously asked for the Administration to come back to the Committee with proposed
criteria to be reviewed for naming requests and that will be coming to the Committee in
the future.
Commissioner Tobin made a motion to recommend approval of a memorial in honor of
Stanly Levine with a concurrent motion to recommend to the Commission a moratorium
on naming requests until a policy is established to limit these requests. Motion
seconded by Commissioner Exposito.
Ms. Fernandez reminded the Committee of the secondary issue that there is no budget
for this expense. Mr. Levine's son stated that the family is willing, if necessary, to fund
this memorial.
ACTION: The Committee (Commissioners Libbin, Tobin, and Exposito present) moved
to recommend approval of a memorial in honor of Stanly Levine with a concurrent motion
to recommend to the Commission a moratorium on naming requests until a policy is
established to limit these requests. (Vote: 3-0)
7. FOLLOW-UP DISCUSSION AND REQUEST FOR FURTHER DIRECTION
CONCERNING THE DOGS OFF-LEASH SIX MONTH TRIAL PROGRAM APPROVED
BY THE CITY COMMISSION IN SOUTH POINTE PARK THAT BEGAN ON JUNE I,
2010 AND CONCLUDED ON NOVEMBER 30,2010.
ACTION: The Committee did not discuss this item as it was deferred to the February 3,
201 1 meeting of the NCAC prior to the start of the meeting.
THE MEETING ADJOURNED AT 5:10 PM.
Note: The next meetings of the NeighborhoodslCommunity Affairs Committee are scheduled for Thursday, -
1 and Friday, March 11, 201 1. Both will be held at 3:OOpm in the City Manager's Large
T:\AGENDA\;?O11\2-09-1 I\NCAC Report - January f 1-201 1 (2).doc
January I I, 201 1 SIGN-IN SHEET .PLEASE PRINT LEGIBLY ' I We are commiited to providing excellent public service and safety to all live, work, and lay in our vibrant, tropical, historic community.
NEIGHBORHOODSICOMMUNITY AFFAIRS COMMITTEE January 11,201 1 SIGN-IN SHEET PLEASE PRINT LEGIBLY VI VI . . t, .. . I ' . -. We are cornmifled b poviding excelbnt public setvice and safely to all ho /be, work, and play in our vibrant, tropical, historic communily. .i. I I I % 1 I % i ! I . . :'?2 ..- .: . . :, ' .. ,
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MIAMI BEACH
City of Miami Bsach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and MembersgWle City Commission
FROM: Jorge M. Gonzalez, City Manage
DATE: February 9, 201 1
SUBJECT: REPORT OF THE JANUARY 31, 2011 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A meeting of the Land Use and Development Committee was held on January 31,201 1.
Members in attendance were Commissioners Gongora, Wolfson, Tobin; Commissioner
Libbin and Mayor Bower were also in attendance. Members from the Administration and
the public were also in attendance. Please see the attached sign-in sheet. The meeting
was called to order at 4:15 pm.
OLD BUSINESS:
1. TEMPORARY REMOVAL OF PARKING SPACES.
(RETURNING FROM THE SEPTEMBER 27,2010 LUDC MEETING)
AFTER-ACTION: Jorge Gomez introduced the item. Michael Larkin spoke on behalf
of Tapas y Tintos restaurant, and stated that during times when the street is closed
they would like to be able to put tables and chairs in parkinglloading areas on the
street. Mayor Bower stated that the Administration must set criteria and procedures
for review and approval of such requests. Commissioner Tobin stated that it should
only be for using the loading or parking spaces immediately in front of the restaurant,
and not those spaces in front of other businesses.
MOTION: TobinlGongora (vote 2-0)
Staff is to return to the Committee with a further refined proposal.
2. DISCUSSION REGARDING TEMPORARY STOREFRONT SIGNS.
(RETURNING FROM THE NOVEMBER 22,2010 LUDC MEETING)
AFTER-ACTION: Jorge Gomez introduced the item. Hilda Fernandez explained the
City's proposal for noncommercial storefront wraps. Commissioner Wolfson was
supportive of the overall proposal except for the mandatory requirement for
screening vacant storefronts. Commissioner Gongora asked who would pay for the
program and Hilda Fernandez explained that the Miami Beach Visitor and
Convention Authority would be funding the program. Commissioner Libbin and the
following members of the public also spoke: Nancy Liebman, Charles Urstadt, Carla
Probus, Frank Fiorentino, Frank De Grove, Jane Gross, Daniel Veitia, Frank Del
Vecchio, Freddy Balsera, Ray Lee, Tammy Tibbles, Morris Sunshine, and Robert
Wennett. Commissioner Tobin stated that the City's outside counsel legal opinion
has convinced him to support the non-commercial window wraps only, but make it
non-mandatory. Commissioner Wolfson said that tenants own artwork would be ok.
The Committee expressed the desire to expand the percentage of text area for real
Agenda Item 6 6 c
Date 8-q-I/
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of January 31,2011
Page 2 of 3
estate signage and construction (coming soon) signage; and bring it back to the
Committee.
MOTION: TobinNVolfson (vote 3-0)
Approve the concept of Non-commercial signage only. Instruct the Administration to
continue working on a draft ordinance, incorporate the comments and suggestions
and bring back to the committee.
3. DISCUSSION ON THE ISSUANCE OF A REQUEST FOR PROPOSAL (RFP),
TO DEVELOP A CITY-WIDE TRANSPORTATION PLAN.
(DEFERRED FROM THE DECEMBER 13,2010 LUDC MEETING)
AFTER-ACTION: ltem deferred.
4. PROPOSED ALTON ROAD HISTORIC DISTRICT BUFFER OVERLAY.
(RETURNING FROM THE DECEMBER 13,2010 LUDC MEETING)
AFTER-ACTION : ltem deferred.
5. PROPOSED PARKING DISTRICT #5 FOR THE ALTON ROAD CORRIDOR.
(RETURNING FROM THE DECEMBER 13,2010 LUDC MEETING)
AFTER-ACTION: l tem deferred.
NEW BUSINESS:
I
6. DISCUSSION ON PROPOSED AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS AMENDING MINIMUM UNIT SIZE AND PARKING
REQUIREMENTS FOR AFFORDABLE HOUSING PROJECTS.
AFTER-ACTION: ltem deferred.
AN ORDINANCE OF THE ClTY OF MlAMl BEACH, FLORIDA, AMENDING
THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE ClTY OF
MlAMl BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS", ARTICLE IV, "SUPPLEMENTARY DISTRICT
REGULATIONS", SECTION 142-875 "ROOF REPLACEMENTS" TO MODIFY
AND EXPAND THE REQUIREMENTS FOR ROOFING MATERIALS IN ALL
DISTRICTS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY
AND AN EFFECTIVE DATE.
MOTION: TobinIGongora (vote 2-0)
The ordinance is to go to 2nd reading without the additional language suggested at
2nd reading, and a referral is to be made to the Planning Board via the Historic
Preservation Board for additional language as proposed by Michael Larkin.
8. DISCUSSION CONCERNING A LOCATION FOR A SKATE PARK IN MlAMl
BEACH INCLUDING THE FUNDING SOURCES AVAILABLE.
(ITEM C4D, JANUARY 19,2011 ClTY COMMISSION MEETING)
AFTER-ACTION: Commissioner Gongora introduced the item. Tammy Tibbles
stated that a full-blown skate park is too big. Harriet Halpryn stated that she would
be ok with a skate park, but that it proposes a safety issue; the skate park should
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of January 31,2011
Page 3 of 3
be supervised at all times, release forms should be signed and users should be
required to wear helmets and pads. Nathan Korn stated there is a demand for a
skate park and Flamingo Park is a good location. Daniel Veitia suggested putting a
skate park in North Beach at North Shore Open Space Park. Sylvia Latimer
supported the skate park. Jack Johnson stated that North Beach wants the skate
park and Flamingo Park does not, there is too much traffic and too many people.
Adam Shedroff lives in the Flamingo Park neighborhood and does not want it. Mark
Needle echoed those comments. Commissioner Gongora suggested 81St Street at
North Shore Open Space Park. Commissioner Tobin stated the option of receiving
a grant for a recreation facility caused the skate park to be designed too large.
MOTION: TobinIGongora (vote 2-0)
The Administration is to explore a North Beach location for skate park with North
Beach residents and skate park advocates and return to Committee when ready.
9. DISCUSSION REGARDING A REQUEST BY MEMBERS OF THE LA GORCE
NEIGHBORHOOD TO RETURN SECTIONS OF PINE TREE AND LA GORCE
DRIVES TO TWO-WAY LANES.
(ITEM C4G, NOVEMBER 17,2010 CITY COMMISSION MEETING)
AFTER-ACTION: Fernando Vazquez introduced the item. Jeff Cohen from Miami-
Dade County Public Works Department stated that converting the roads to two-way
will require removal of some of the median islands, and construction of a roundabout
(traffic circle) at 51'' Street. It was presented to residents as an inexpensive plan.
Commissioner Ed Tobin asked the question whether the County intended to
reconstruct the roadway down to the subgrade. Jeff Cohen from the County indicated
that the County was only planning on resurfacing the road. Glen Hall from the La
Gorce Pinetree Homeowners Association stated that this would convert it back to
historical two-way condition. Commissioner Tobin asked if it would be safer and Jeff
Cohen said the County thinks it would be. Fred Sake, Donna Bloom, Dave Swanson
and Glen Hall from the HOA all spoke in favor. Issues regarding reclassification,
funding, safety and traffic calming were raised. Jerry Schwartz, Tammy Tibbles,
Rosemary Hansford spoke in support of two lanes. The Committee also expressed
their thanks to Commissioner Sally Heyman.
MOTION: TobinIGongora (vote 2-0)
The Administration is to move fotward with a two-way pair plan and investigate
making it safer.
JMG
T:WGE~~~OI 1\2-09-1 I\LUDC Meeting of January 31,201 I .docx
LAND USE AND DEVELOPMENT COMMITTEE MEETING January 31,201 1 @ 4:00 pm City Manager's Large Conference Room Attendance Sheet Q) 0 I( GI q-7 I ~0lb7 /' i ._/ V
LAND USE AND DEVELOPMENT COMMITTEE MEETING January 31,201 1 @ 4:00 pm City Manager's Large Conference Room Attendance Sheet
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title: I A Resolution authorizing the City Manager to apply for and accept four (4) grants. I
Key Intended Outcome Supported: I 1) Enhance learning opportunities for youth; 2), 3) and 4) Enhance mobility throughout the City.
Supporting Data:
2009 Community Survey: 1) Nearly two-fifths of all residential respondents surveyed, 37.3%, feel the "1 8
years of age and under" demographic should benefit most from limited resources during tough economic
times; 85% of residents rated recreation programs as either 'excellent' or 'good', 18% of residents rated
recreation programs as one the services the City should strive not to reduce; 2007 Community Satisfaction
Survey: 24% of residents were dissatisfied or very dissatisfied with local schools on Miami Beach; safety
across the City (preventing crime, drugs, gangs) appeared as one of the most important areas affecting
resident's quality of life, The Children's Trust grants provide funding to reduce crime and gangs. 2) and 3)
Nearly two-thirds of all respondents, 63.7%, suggested there are "too few" bicycle pathsllanes throughout the
City; 4) Half of all respondents, 51.5%, reported a willingness to use "local bus circulators" as an alternative
to taking a car.
Issue:
Shall the City support the following funding requests and execute the related agreements? I
The Administration requests approval to submit the following grant applications to: 1) The Children's Trust for
following programs: Parenting Education and Family Strengthening; Early Childhood Development; Out-of-
School; and, Youth Development in a total amount not to exceed $770,000; 2) Retroactively, to the US
Department of Transportation (DOT) for the Transportation, Community, and System Preservation Program
(TCSP) in the amount of $3,000,000 for the Middle Beach Recreational Corridor; 3) Florida Department of
Transportation (FDOT) for the Safe Routes To School Program (SRTS) In an amount not to exceed
$300,000; and, 4) Miami-Dade Metropolitan Planning Organization (MPO) for the Municipal Grant Program
(MGP) for a Planning Study of the Middle and North Beach local transit circulator improvements in an amount
not to exceed $40,000; appropriating the above grants, as necessary if approved and accepted by the City,
and authorizing the execution of all documents related to these applications.
Advisory Board Recommendation: NIA
Financial In
Source
funds f
Judy Hoansl
ormation:
1
2
#
3
4
Grant Not
To Exceed
Grant NamelProject
The Children's TrusffParenting
Education & Family Strengthening;
Early Childhood Development; Out-
of-School; and, Youth Development
US DOT TCSPIMiddle Beach
Recreational Corridor
I I
Sign-Offs:
Match AmountlSource
Off ice Legislative Tracking:
elt, Grants Manager, Office of Budget and Performance Improvement
FDOT SRTSIBiscayne Elementary
School
MPO MGPI Planning Study: Middle
& North Beach Local Circulator
Department Director
Amount
$770,000
$3,000,000
NIA
NIA
$300,000
$40,000
I I
Assistant City Manager
NIA
$10,000/Half Cent Surtax
FundsIPeople's
Transportation Plan (PTP)
FY 201011 1 Budget
City Manager
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniamibeachfl.gov
COMMISSION MEMORANDUM
TO Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE February 9,201 1
SUBJECT: A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO SUBMIT GRANT APPLICATIONS TO: 1)
THE CHILDREN'S TRUST FOR FOLLOWING PROGRAMS: PARENTING
EDUCATION AND FAMILY STRENGTHENING; EARLY CHILDHOOD
DEVELOPMENT; OUT-OF-SCHOOL; AND, YOUTH DEVELOPMENT, IN A
TOTAL AMOUNT NOT TO EXCEED $770,000; 2) RETROACTIVELY TO THE US
DEPARTMENT OF TRANSPORTATION FOR THE TRANSPORTATION,
COMMUNITY, AND SYSTEM PRESERVATION PROGRAM IN THE AMOUNTOF
$3,000,000 FOR THE MIDDLE BEACH RECREATIONAL CORRIDOR; 3)
FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE SAFE ROUTES TO
SCHOOL PROGRAM IN AN AMOUNT NOT TO EXCEED $300,000; AND, 4)
MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION FOR THE
MUNICIPAL GRANT PROGRAM FOR A PLANNING STUDY OF THE MIDDLE &
NORTH BEACH LOCAL TRANSIT CIRCULATOR IMPROVEMENTS IN AN
AMOUNT NOT TO EXCEED $40,000; APPROPRIATING THE ABOVE GRANTS,
AS NECESSARY IF APPROVED AND ACCEPTED BY THE CITY, AND
AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO THESE
APPLICATIONS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
1. Approval to submit grant applications to The Children's Trust for funding from the
followinq programs: Parentinq Education and Family Strengthening; Earlv Childhood
Development; Out-Of-School; and Youth Development; in a total amount not to
exceed $770,000 for the City's Children and Youth Services Proqrams
In September 2002 Miami-Dade voters approved an independent special district, a
dedicated funding source for children entitled "The Children's Trust" to address the needs of
children in Miami-Dade County. During Fiscal Year 2008109, The Children's Trust (The
Trust), like many organizations, experienced significant reduction in revenues, leading to
budget and program cuts throughout. The City of Miami Beach was one of the organizations
that maintained funding during this time for all three of its programs, despite the substantial
funding cuts made by The Trust to many programs and organizations.
Commission Memorandum
Page 2
From January to May 201 0, The Children's Trust Board of Directors engaged in a strategic
planning process using the framework of results-based accountability. This process
culminated in The Children's Trust Results-Based Strategic Plan for Investments for 201 1-
2015. The intention of this five year strategic plan is to apply a results-driven focus to The
Trust's investments for children and families in Miami-Dade County. The plan is intended as
a flexible, living document that can be responsive to community needs over time. In
accordance with the Strategic Plan, the results that The Trust seeks are that children are: 1)
healthy physically and emotionally; 2) supported by safe, nurturing families and communities;
3) ready to succeed when entering school; and, 4) succeeding in school and society.
To facilitate this, the Trust added new programs and discontinued existing programs. One
of the discontinued programs, Promotion and Prevention, has funded the City's Youth
Empowerment Network (YEN) program for the last six years. The City's YEN program had
consistently received high overall rating scores from The Trust, however, in accordance with
the Strategic Plan, The Trust developed new programs in line with its 201 1-201 5 priorities.
In January 201 1, The Trust's Board of Directors released of a Notice of Funding Availability
(NOFA) for the four programs listed below. The City intends to submit the following
applications to all the programs represented in the NOFA, as follows:
Parenting Education and Familv Strengthening Proqram (New Program):
City's Program Name: An Early Start is a Right Start
Program Summary: The City will strengthen youth decision making and resiliency skills by
empowering parents to serve as agents of influence and guidance for their children. Parents
will participate in weekly, interactive workshops for 8 weeks. This program will serve the
parents of youth aged 4 - 7 years old. The City intends to request funding in an amount not
to exceed $1 50,000.
Early Childhood Development Proqram (New Proqram):
City's Program Name: The Family Guides Program
Program Summary: The City will nurture greater resiliency and academic success for
parents and children aged 16 months to 4 years through home-based services that promote
healthy family engagement, affirmative parenting, and positive child developments. The City
intends to request funding in an amount not to exceed $150,000.
Out-of-School Proqram Funds (Existing Program):
City's Program Name: Out-of-School Program
Program Summary: This is a continuation of the City's Out-of-School program which will
provide after school services to 250 children ages 5-12 years old residing primarily in the
City of Miami Beach and the City's Summer Camp which will provide services to 270 children
ages 5-12 years old residing primarily in the City of Miami Beach. The programs offer
activities to the children including physical fitness, nutrition education and homework and
literacy support. Program goals are to improve academic skills, literacy and social skills and
improve to physical health and fitness. The City intends to request funding in an amount not
to exceed $320,000.
Youth Development (New Program):
City's Program Name: Morning All Stars
Program Summary: The City will increase youth resiliency and coping skills and reduce drug
use and violence among students by providing before-school sessions of the All Star
Program. The City intends to request funding in an amount not to exceed $1 50,000.
Commission Memorandum
Page 3
The Children's Trust does not engage in supplanting of funds for established govemment-
funded programs and the Trust's funds may not be used as a substitute for existing public
resources; or to replace funding previously provided by, and currently available from, local
and state funding sources for the same purpose. None of the above programs require
matching funds, and the programs all support the key intended outcome: enhance learning
opportunities for youth.
2. Retroactive approval to submit an application to the US Department of
Transportation for the Transportation, Communitv, and System Preservation (TCSP)
Proaram in the amount of $3,000,000 for the Middle Beach Recreational Corridor
Proiect
The TCSP Program is a Federal Highway Administration (FHWA) Program jointly developed
with the Federal Transit Administration, the Federal Rail Administration, the Office of the
Secretary, and the Research and Innovative Technology Administration within the US
Department of Transportation, and the US Environmental Protection Agency. TCSP is a
comprehensive initiative of research and grants to investigate the relationships between
transportation, community, and system preservation plans and practices and identify private
sector-based initiatives to improve such relationships. Eligible projects include practices
that: improve the efficiency of the transportation system of the United States; reduce
environmental impacts of transportation; reduce the need for costly future public
infrastructure investments; ensure efficient access to jobs, services, and centers of trade
and examine community development patterns and identify strategies to encourage private
sector development patterns and investments that support these goal.
The Administration requests retroactive approval to submit an application to the TCSP
Program in an amount not to exceed $3,000,000 for the Middle Beach Recreational Corridor
Project (MBRC). The MBRC consists of the construction of an on-grade pedestrian walkway
encompassing forty blocks or approximately 17,100 feet. The path will run north from
approximately 23rd Street to Allison Park at 64th Street, or the southern terminus of the North
Beach Recreational Corridor Project. The Project's goal is to increase mobility, support the
use of alternative transportation within the City and improve the dune and beach habitat. The
Project will serve as a portion of the coastal northlsouth connector in the larger Atlantic
Greenway Network (AGN), which supports the development of alternative means of
transportation throughout the City.
The entire cost of Phase 2 of the MBRC project is $13.3 million, of which $570,000 is
already funded for design. Funding for this grant, if approved will be available September
2012. If additional funding is available by 201 2, the City will use the total funding available to
construct a portion of, or all of Phase 2; if no other funding is available at that time, then this
grant award will be used to build a portion of the corridor. The Administration intends to
continue applying for grant funds and appropriations in future years. This program does not
require matching funds. This project supports the key intended outcome: enhance mobility
throughout the City.
3. Approval to submit an application to Florida Department of Transportation forthe
Safe Routes To School Proaram in an amount not to exceed $300,000 for
eligible improvements for Biscayne Elementaw School.
Commission Memorandum
Page 4
The Federal Safe Routes to School (SRTS) Program was established in August 2005 as
part of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users (SAFETEA-LU). Section 1404 of this legislation provides funding for State
Departments of Transportation to create and administer SRTS programs. The administration
of section 1404 has been assigned to FHWA, which works in collaboration with the National
Highway Traffic Safety Administration to guide the program.
The purpose of the SRTS Program is to empower communities to make walking and
bicycling to school a safe and routine activity. The Program makes funding available for a
wide variety of programs and projects, from building safer street crossings to establishing
programs that encourage children and their parents to walk and bicycle safely to school.
Eligible improvements under this grant include the following: sidewalks, crosswalks, bike
paths, countdown pedestrian signal heads, pedestrian or school signs, and school zone
flashers.
A List of schools needing improvements, in order of prioritywas created by the School Board
and Miami-Dade County for this program. Biscayne Elementary School, located at 800 77th
Street, Miami Beach is the highest priority school on Miami Beach (listed as #22 on the
priority list). Feinbergl Fisher Elementary School is listed as #38 and North Beach
Elementary is listed at #I36 on the priority list; South Pointe Elementary was previously
awarded funding through this program in 2007. Accordingly, the Administration intends to
submit an application for funding for eligible improvements for the Biscayne Elementary
School population this year, and applications for the remaining of Miami Beach schools will
be submitted for funding for the 2012 application cycle.
The City Administration has met with Biscayne Elementary School Administration and
received concurrence from the school. On January 13,201 1 the Community Traffic Safety
Team (CTST) which consists of representatives from Miami-Dade County School Board and
Miami-Dade Count Public Works endorsed this application. On February 9, 201 1, this
application will also be presented to the Miami-Dade County School Board Commission for
approval. The administration intends to apply for constructions costs in an amount not to
exceed $300,000 for Biscayne Elementary School. Matching funds are not required form
this grant. This project supports the key intended outcome: enhance mobility throughout the
City.
4. Ap~roval to submit an application to Miami-Dade Metropolitan Planninq
Organization for the Municipal Grant Program for a Planning Studv of the Middle
& North Beach Local Transit Circulator improvements in an amount not to
exceed $40,000
The Metropolitan Planning Organization (MPO) for the Miami Urbanized Area was created
March 23,1977 under the authority of Chapter 163 of the Florida Statutes. Section 163.01 of
the Statute provides that governmental agencies may enter into interlocal agreements
permitting the joint exercise of such powers or authority that the agencies share in common
or that each might exercise separately. Voting members are designated by the state
governor and include the following: all thirteen county commissioners, five elected officials
for each of the cities with populations over 50,000 in the county, a representative from the
citizenry of the unincorporated portion of Miami-Dade County, a member of the Miami-Dade
Expressway Authority and a member of the Miami-Dade School Board. The FDOT has two
non-voting representatives on the MPO Board. The objective of the MPO Municipal Grant
Program is to encourage cities to participate in a competitive program to receive funds to
perform relevant transportation planning studies.
Commission Memorandum
Page 5
The NorthlMiddle Beach Transit Study Project proposes to conduct a study for local
transit circulator improvements in the North and Middle Beach neighborhoods of Miami
Beach. The existing transit service in these neighborhoods, such as the Route 11 511 17
MidINorth Beach Connection, will be evaluated to determine potential improvements to
the quality of transit service. In December 2009, Miami-Dade Transit (MDT) replaced the
Route K and Route R with a new combined Middle and North Beach circulator called the
Route I 1511 17 Mid-North Beach Connection. This project will evaluate the impact of the
Route 1 1511 17 on transit riders in North and Middle Beach to determine if there is a need
for negotiating additional and1 or modified transit services with MDT, such as through a
reduced fare, more frequent headways, or the establishment of two separate circulators
for the North and Middle Beach neighborhoods. Other transit improvements, such as
multi-modal connectivity, ADA accessibility, pedestrian and bicycle amenities, transit
signal priority, will also be evaluated. The evaluation and the proposed improvements will
be coordinated with MDT.
The Project aims to improve the quality of transit service. Passengers consider the
following transit characteristics when deciding to utilize transit as a mode of
transportation: well-planned bus routes and bus stops that make transit accessible and
easy to use; frequent headways; low travel times; a sense of safety and security; service
reliability; easily available information on the service; number of transfers; cost of transit
service; and appearance and comfort of transit service. This is otherwise defined as the
quality of transit service. By providing a high quality transit service based on these
characteristics, the City may be able to increase transit ridership and shift a considerable
amount of the community's primary mode of travel from personal vehicle use to public
transportation. This potential shift to a more sustainable mode of transportation may
result in a in a higher quality of life for the community through improved mobility, an
increase in alternative transportation options, reduced traffic congestion, reduction in
greenhouse gas emissions, and improved air quality.
The Administration intends to apply for funding in the amount of $40,000. This grant
requires a 20% match. Matching Funds in the amount of $10,000 are available in Half Cent
Transit Surtax Funding/Peoplels Transportation Plan Funds (PTP) FY 201011 1 Budget.
CONCLUSION
In conclusion, the Administration requests approval to submit the following grant applications
to: 1) The Children's Trust for following programs: Parenting Education and Family
Strengthening; Early Childhood Development; Out-of-School; and, Youth Development in a
total amount not to exceed $770,000; 2) Retroactively, to the US Department of
Transportation for the Transportation, Community, and System Preservation Program in the
amount of $3,000,000 for the Middle Beach Recreational Corridor; 3) Florida Department of
Transportation for the Safe Routes To School Program In an amount not to exceed
$300,000; and, 4) Miami-Dade Metropolitan Planning Organization for the Municipal Grant
Program for a Planning Study of the Middle & North Beach local transit circulator
improvements in an amount not to exceed $40,000; appropriating the above grants, as
necessary if approved and accepted by the City, and authorizing the execution of all
documents related to these applications.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO SUBMIT GRANT APPLICATIONS TO: 1)
THE CHILDREN'S TRUST FOR FOLLOWING PROGRAMS: PARENTING
EDUCATION AND FAMILY STRENGTHENING; EARLY CHILDHOOD
DEVELOPMENT; OUT-OF-SCHOOL; AND, YOUTH DEVELOPMENT, IN A
TOTAL AMOUNT NOT TO EXCEED $770,000; 2) RETROACTIVELY TO THE
US DEPARTMENT OF TRANSPORTATION FOR THE TRANSPORTATION,
COMMUNITY, AND SYSTEM PRESERVATION PROGRAM IN THE AMOUNT
OF $3,000,000 FOR THE MIDDLE BEACH RECREATIONAL CORRIDOR; 3)
FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE SAFE ROUTES
TO SCHOOL PROGRAM IN AN AMOUNT NOT TO EXCEED $300,000; AND,
4) MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION FOR THE
MUNICIPAL GRANT PROGRAM FOR A PLANNING STUDY OF THE
MIDDLE & NORTH BEACH LOCAL TRANSIT CIRCULATOR
IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED $40,000;
APPROPRIATING THE ABOVE GRANTS, AS NECESSARY IF APPROVED
AND ACCEPTED BY THE CITY, AND AUTHORIZING THE EXECUTION OF
ALL DOCUMENTS RELATED TO THESE APPLICATIONS.
WHEREAS, in September 2002 Miami-Dade voters approved an independent
special district, a dedicated funding source for children entitled "The Children's Trust" to
address the needs of children in Miami-Dade County; and,
WHEREAS, from January to May 2010, The Children's Trust Board of
Directors engaged in a strategic planning process using the framework of results-
based accountability and this process culminated in The Children's Trust
Results-Based Strategic Plan for Investments for 201 1-201 5; and,
WHEREAS, to facilitate the new Strategic Plan, the Trust added new programs
and discontinued existing programs; and
WHEREAS, one of the discontinued programs, Promotion and Prevention, has
funded the City's Youth Empowerment Network (YEN) program for the last six years and
the YEN program had consistently received high overall rating scores from The Trust,
however, in accordance with the Strategic Plan, The Trust developed new programs in
line with its 201 1-201 5 priorities; and
WHEREAS, in January 201 1, The Trust's Board of Directors released of a Notice
of Funding Availability (NOFA) for the four programs listed below and the City intends to
submit the following applications to all the programs represented in the NOFA, as
follows:
Parenting Education and Family Strenqtheninq Program (New Program):
City's Program Name: An Early Start is a Right Start
Program Summary: The City will strengthen youth decision making and resiliency skills
by empowering parents to serve as agents of influence and guidance for their children.
Parents will participate in weekly, interactive workshops for 8 weeks. This program will
serve the parents of youth aged 4 - 7 years old. The City intends to request funding in
an amount not to exceed $150,000.
Early Childhood Development Program (New Program):
City's Program Name: The Family Guides Program
Program Summary: The City will nurture greater resiliency and academic success for
parents and children aged 16 months to 4 years through home-based services that
promote healthy family engagement, affirmative parenting, and positive child
developments. The City intends to request funding in an amount not to exceed
$1 50,000.
Out-of-School Proqram Funds (Existinq Prosram):
City's Program Name: Out-of-School Program
Program Summary: This is a continuation of the City's Out-of-School program which will
provide after school services to 250 children ages 5-12 years old residing primarily in the
City of Miami Beach and the City's Summer Camp which will provide services to 270
children ages 5-12 years old residing primarily in the City of Miami Beach. The
programs offer activities to the children including physical fitness, nutrition education and
homework and literacy support. Program goals are to improve academic skills, literacy
and social skills and improve to physical health and fitness. The City intends to request
funding in an amount not to exceed $320,000.
Youth Develo~ment (New Program):
City's Program Name: Morning All Stars
Program Summary: The City will increase youth resiliency and coping skills and reduce
drug use and violence among students by providing before-school sessions of the All
Star Program. The City intends to request funding in an amount not to exceed
$1 50,000; and,
WHEREAS, the Children's Trust does not engage in supplanting of funds for
established government-funded programs and the Trust's funds may not be used as a
substitute for existing public resources; or to replace funding previously provided by, and
currently available from, local and state funding sources for the same purpose; and,
WHEREAS, none of the above programs require matching funds, and the
programs all support the key intended outcome: enhance learning opportunities for
youth; and
WHEREAS, approval is requested to submit grant applications to The Children's
Trust for funding from the following programs: Parenting Education and Family
Strengthening; Early Childhood Development; Out-Of-School; and Youth Development;
in a total amount not to exceed $770,000 for the City's Children and Youth Services
Programs; and
WHEREAS, the TCSP Program is a Federal Highway Administration (FHWA)
Program jointly developed with the Federal Transit Administration, the Federal Rail
Administration, the Office of the Secretary, and the Research and Innovative Technology
Administration within the US Department of Transportation, and the US Environmental
Protection Agency; and
WHEREAS, the MBRC consists of the construction of an on-grade pedestrian
walkway encompassing forty blocks or approximately 17,100 feet, the path will run north
from approximately 23rd Street to Allison Park at 64th Street, or the southern terminus of
the North Beach Recreational Corridor Project; and
WHEREAS, the entire cost of Phase 2 of the MBRC project is $13.3 million, of which
$570,000 is already funded for design and funding for this grant, if approved will be
available September 2012, if additional funding is available by 2012, the City will use the
total funding available to construct a portion of, or all of Phase 2; if no other funding is
available at that time, then this grant award will be used to build a portion of the corridor;
and,
WHEREAS, the Administration intends to continue applying for grant funds and
appropriations in future years; and,
WHEREAS, this program does not require matching funds and it supports the key
intended outcome: enhance mobility throughout the City; and,
WHEREAS, retroactive approval is requested to submit an application to the US
Department of Transportation for the Transportation, Community, and System
Preservation (TCSP) Program in the amount of $3,000,000 for the Middle Beach
Recreational Corridor Project; and
WHEREAS, the Federal Safe Routes to School (SRTS) Program was
established in August 2005 as part of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) and Section 1404 of this
legislation provides funding for State Departments of Transportation to create and
administer SRTS programs; and,
WHEREAS, the purpose of the SRTS Program is to empower communities to
make walking and bicycling to school a safe and routine activity and the program makes
funding available for a wide variety of programs and projects, from building safer street
crossings to establishing programs that encourage children and their parents to walk and
bicycle safely to school; and
WHEREAS, a List of schools needing improvements, in order of priority was
created by the School Board and Miami-Dade County for this program and Biscayne
Elementary School, located at 800 77th Street, Miami Beach is the highest priority school
on Miami Beach (listed as #22 on the priority list), Feinbergl Fisher Elementary School
is listed as #38 and North Beach Elementary is listed at #I36 on the priority list; South
Pointe Elementary was previously awarded funding through this program in 2007; and,
WHEREAS, accordingly, the Administration intends to submit an application for
funding for eligible improvements for the Biscayne Elementary School population this
year, and applications for the remaining of Miami Beach schools will be submitted for
funding for the 2012 application cycle; and,
WHEREAS, the City Administration has met with Biscayne Elementary School
Administration and received concurrence from the school and on January 13, 201 1 the
Community Traffic Safety Team (CTST) which consists of representatives from Miami-
Dade County School Board and Miami-Dade Count Public Works endorsed this
application and on February 9, 201 1, this application will also be presented to the Miami-
Dade County School Board Commission for approval; and
WHEREAS, the administration intends to apply for constructions costs in an
amount not to exceed $300,000 for Biscayne Elementary School and matching funds are
not required form this grant, this project supports the key intended outcome: enhance
mobility throughout the City; and
WHEREAS, approval is requested to submit an application to Florida Department
of Transportation for the Safe Routes To School Program in an amount not to exceed
$300,000 for eligible improvements for Biscayne Elementary School; and
WHEREAS, the Metropolitan Planning Organization (MPO) for the Miami
Urbanized Area was created March 23, 1977 under the authority of Chapter 163 of the
Florida Statutes and Section 163.01 of the Statute provides that governmental agencies
may enter into interlocal agreements permitting the joint exercise of such powers or
authority that the agencies share in common or that each might exercise separately; and
WHEREAS, voting members are designated by the state governor and include
the following: all thirteen county commissioners, five elected officials for each of the
cities with populations over 50,000 in the county, a representative from the citizenry of
the unincorporated portion of Miami-Dade County, a member of the Miami-Dade
Expressway Authority and a member of the Miami-Dade School Board. The FDOT has
two non-voting representatives on the MPO Board; and
WHEREAS, the objective of the MPO Municipal Grant Program is to encourage
cities to participate in a competitive program to receive funds to perform relevant
transportation planning studies; and
WHEREAS, the NorthIMiddle Beach Transit Study Project proposes to
conduct a study for local transit circulator improvements in the North and Middle
Beach neighborhoods of Miami Beach and the existing transit service in these
neighborhoods, such as the Route 115/117 MidlNorth Beach Connection, will be
evaluated to determine potential improvements to the quality of transit service; and
WHEREAS, this project will evaluate the impact of the Route 11511 17 on
transit riders in North and Middle Beach to determine if there is a need for negotiating
additional and1 or modified transit services with MDT, other transit improvements,
such as multi-modal connectivity, ADA accessibility, pedestrian and bicycle amenities,
transit signal priority, will also be evaluated and the evaluation and the proposed
improvements will be coordinated with MDT; and
WHEREAS, the Project aims to improve the quality of transit service.
Passengers consider the following transit characteristics when deciding to utilize
transit as a mode of transportation: well-planned bus routes and bus stops that make
transit accessible and easy to use; frequent headways; low travel times; a sense of
safety and security; service reliability; easily available information on the service;
number of transfers; cost of transit service; and appearance and comfort of transit
service; and
WHEREAS, the Administration intends to apply for funding in the amount of
$40,000 and this grant requires a 20% match in the amount of $10,000, matching funds
are available in Half Cent Transit Surtax FundingIPeople's Transportation Plan Funds
(PTP) FY 201 011 1 Budget; and
WHEREAS, approval is requested to submit an application to Miami-Dade
Metropolitan Planning Organization for the Municipal Grant Program for a Planning
Study of the Middle & North Beach Local Transit Circulator improvements in an amount
not to exceed $40,000; and
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH that the Mayor and City Commission
hereby approve and authorize the City Manager or his designee to submit the following
grant applications to: 1) The Children's Trust for following programs: Parenting
Education and Family Strengthening; Early Childhood Development; Out-of-School; and,
Youth Development in a total amount not to exceed $770,000; 2) Retroactively, to the
US Department of Transportation for the Transportation, Community, and System
Preservation Program in the amount of $3,000,000 for the Middle Beach Recreational
Corridor; 3) Florida Department of Transportation for the Safe Routes To School
Program In an amount not to exceed $300,000; and, 4) Miami-Dade Metropolitan
Planning Organization for the Municipal Grant Program for a Planning Study of the
Middle & North Beach local transit circulator improvements in an amount not to exceed
$40,000; appropriating the above grants, as necessary if approved and accepted by the
City, and authorizing the execution of all documents related to these applications.
PASSED and ADOPTED this day of ,2011
ATTEST:
MAYOR
ClTY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
,;3,-1J
ate
THIS PAGE fNTENTlONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
IA Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Approving and Officially I
Adopting the aster Plan for the North Shore and shell Park Project (Project), Following Finance and
Citywide Committee Approval.
(ey Intended Outcome Supported:
Ensure well-designed, quality capital projects.
Supporting Data (Surveys, Environmental Scan, etc.):
63% of North Beach residents surveyed rated Overall Quality of Life within the City of Miami Beach as
excellent & good compared to 75% of residents in the City overall.
78% of North Beach residents surveyed rated the recently completed capital improvement projects as
excellent & good compared to 84% of residents in the City overall.
Issue: I Shall the City Commission adopt the Resolution? I
Item SummarylRecommendation:
I The North Shore Bandshell Park is a historic site, located in the heart of North Beach, on Collins Avenue, I
between 72& and 73' Streets. The Master Plan scope included landscaping, lighting, walkways, service
driveway, electronic marquee for the Bandshell Facility and installation of the Art in Public Places Piece -
Beatles Mandala.
The draft Master Plan describes the proposed improvements to the park to be implemented in two (2)
phases, with only the first phase currently fully funded by the City.
The Project planning process has followed the standard park improvement project sequence. The Project
kick-off meeting was held on December, 07,2009. The master plan was presented to the community on
July 22,2010, approved by the Design Review Board (DRB) on November 02,2010.
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, with the recommendation that the
construction of a walkway connecting the park to the beach, at 72nd Street (Phase 2A) be completed as
part of Phase 1 of the Project.
On December 8, 2010, the City Commission approved a referral to the Finance and Citywide Projects
Committee (Committee) for a discussion on adopting the Master Plan. The Master Plan was presented to
the Committee and subsequently recommended for approval to the City Commission on January 27,201 1.
The Committee also recommended the implementation of Phase 2A, and in addition, recommended the
implementation of Phase 2B, following a traffic study to determine its impact to the neighborhood due to
the reduction of parking spaces. Phases 2A and 2B are currently unfunded and funding requests for this
work will be included as part of the FY 11/12 Capital Budget process.
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.
The Administration recommends approval of this resolution.
I I
Total I Finzial imbact Su~mIn:
I
Advisory Board Recommendation: I Design Review Board / Finance and Citywide Committee
Financial Information:
I - I
City Clerk's Office Legislative Tracking:
Thais Vieira x2702
/ Amount 1 Account
BEACH
Approved
AOEMDA 1TEU c79
DATE S-q-l/
I I
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City mission 7
FROM: Jorge M. Gonzalez, City Manager
DATE: February 9, 201 1
SUBJECT: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND OFFICIALLY ADOPTING THE
MASTER PLAN FOR THE NORTH SHORE BANDSHELL PARK PROJECT
(PROJECT), FOLLOWING FINANCE AND CITYWIDE COMMITTEE APPROVAL.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
The total funded budget 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 72nd and 73rd Streets.
The Master Plan scope included the following:
Landscaping;
Accent 1 security lighting;
Reconfiguration andlor addition of walkways to enhance circulation;
Addition of a service driveway;
lnstallation 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.
City Commission Memorandum
North Shore Bandshell Park Master Plan
February 9, 201 1
Page 2 of 4
The Design Review Board is requiring as part of their approval, a pedestrian connection on
the south side of the park to the beachwalk. This connection needs to be shown on the
construction documents as part of Phase 1 improvements.
On December 8,2010, the City Commission approved a referral to the Finance and Cimde
Projects Committee (Committee) for a discussion on adopting the Master Plan. The Master
Plan was presented to the Committee and subsequently recommended for approval to the
City Commission on January 27,201 1.
The Committee concurs with DRB's recommendation to implement the walkway connecting
the park to the beachwalk along 72nd Street, and instructed staff to include its design as part
of Phase 1 improvements. In addition, the Committee requested that a traffic study be
conducted to determine the impact, if any, of the elimination of the angular parking spaces
along the south side of 73rd Street, to create a drop-off area for the Oceanfront Center and
Bandshell, and a multi-purpose path connecting Collins Avenue to Ocean Terrace. The
walkway and multi-purpose path are both currently unfunded and funding requests will be
included as part of the FY 11/12 Capital Budget process.
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 4,000 SF elevated platform where parkvisitors 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 estimated in the budget or the
construction of this work is $385,519 (in addition to the $1 .I 9 M).
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 72nd Street. This will
also serve as connector to the beach.
City Commission Memorandum
North Shore Bandshell Park Master Plan
February 9, 201 1
Page 3 of 4
The estimated budgetary earmark to implement Phase 2A, inclusive of funding for Art in
Public Places (AiPP), CMB fees, and construction contingency is $143,688. Since the
implementation of the walkway as part of Phase 1 has been requested by both DRB and
Finance and Citywide Committee, the Administration recommends seeking additional funds
for this work via the FY 11/12 Capital Budget process.
Phase 29 - 73rd Street Multi-Purpose Walkway
Phase 28 will consist of the widening of the south sidewalk, along 73rd Street, creating a
drop-off area for the Oceanfront Center and Bandshell, and a multi-purpose path connecting
Collins Avenue to Ocean Terrace. The estimate of probable cost for this phase is $44,779,
inclusive of an additional 10 percent for a contingency allowance in the construction phase.
The required budget to implement Phase 28, inclusive of funding for AiPP, CMB fees, and
construction contingency is $58,676.
The Administration also recommends seeking additional funds for this work via the FY 11/12
Capital Budget process.
Based upon the estimated construction costs identified for each of the Master Plan phases,
the City has sufficient funds to implement Phase 1 and the elevated platform at this time.
Phases 2A and 2B will be considered, in the future, during the FY 11/12 Capital Budget
process. The total projected budget for each phase of the project is presented herein.
Table I
North Shore Bandshell Park Master Plan
Phase 1 - Project Budget (Funded Improvements)
Phase I- Park Improvements Estimated Costs ($)
Design & Engineering 194,000
Construction 1,083,548
Contingency (1 0% of const.) 108,355
Testing / Permitting 30,000
Art in Public Places (I .5% of const.) 16,253
Construction Mgmt. (6% less AiPP) 84,954
Phase I Project Budget $1,517,1 I0
Table 2
North Shore Bandshell Park Master Plan
Phase 1A - North Beach Oceanfront Center- Elevated Platform - Project Budget
(Funded Improvements)
Elevated Platform and
Associated Improvements Estimated Costs($)
Construction 385,519
Art in Public Places (1.5% of const.) 5,783
Elevated Platform Budget $391,302
City Commission Memorandum
North Shore Bandshell Park Master Plan
February 9, 201 1
Page 4 of 4
Table 3
North Shore Bandshell Park Master Plan
Phase 2A- Project Budget (Unfunded Improvements)
Phase PA- 72nd Street Walkway Estimated Costs($)
Construction 1 12,694
Contingency (10% of const.) 11,269
Testing 1 Permitting 10,000
Art in Public Places (1.5% of const.) 1,690
Construction Mgmt. (6% less AiPP) 8,038
Phase 2A Project Budget $1 43,692
Table 4
North Shore Bandshell Park Master Plan
Phase 2B- Project Budget (Unfunded Improvements)
Phase 2B- 73rd Street Multi-Purpose Walkway Estimated Costs($)
Construction 40,708
Contingency (1 0% of const.) 4,071
Testing 1 Permitting 1 0,000
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 approve and officially adopt the North Shore
Bandshell Park Master Plan. 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:
1. North Shore Bandshell Park Master Plan, dated December 2010.
andshell Park Master Plan, Estimate of Probable Cost
T:WGENDADOl ID-09-1 ?\North Shore Bandshell Park Master Plan - Memo.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND OFFICIALLY
ADOPTING THE MASTER PLAN FOR THENORTH SHORE
BANDSHELL PARK PROJECT (PROJECT), FOLLOWING FINANCE
AND CITYWIDE COMMITTEE APPROVAL.
WHEREAS, the Master Plan scope included landscaping, lighting, walkways, service
driveway, electronic marquee for the Bandshell Facility and installation of the Art in Public
Places Piece - Beatles Mandala; and
WHEREAS, the Master Plan was presented to the community on July 22, 2010, and
approved by the Design Review Board (DRB) on November 2,2010; and
WHEREAS, consensus was reached for the design concept, with the recommendation
that the construction of a walkway connecting the park to the beach, at 72"d Street, be
completed as part of Phase 1 of the Project; and
WHEREAS, on December 8, 2010, the City Commission approved a referral to the
Finance and Citywide Projects Committee (Committee) for a discussion on adopting the Master
Plan; and
WHEREAS, the Master Plan was presented to the Committee and approved on January
27,201 1; and
WHEREAS, the Committee recommended the implementation of Phase 2A, and in
addition, recommended the implementation of Phase 2B, following a traffic study to determine
its impact to the neighborhood due to the reduction of parking spaces; and
WHEREAS, the draft Master Plan describes the proposed improvements to the park to
be implemented in two (2) phases, with only the first phase currently fully funded by the City;
and
WHEREAS, the Administration recommends the construction of Phases 2A and 2B as
part of Phase 1 of the Project; and
WHEREAS, the cost associated with this work will be identified as a capital budget to be
considered as part of the capital budget process for fiscal year 201 11201 2; and
WHEREAS, by approving the Master Plan, the Administration will be able to proceed
with the design development, construction documents, bidding and award, and construction
phases of the Project.
T:\AGENDA\2011\2-09-1 l\North Shore Bandshell Park Master Plan - Reso.doc
82
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA that the Mayor and City
Commission hereby approve and officially adopt the Master Plan for the North Shore Bandshell
Park Project, following approval of the Finance and Citywide Committee.
PASSED AND ADOPTED this day of ,2011.
CITY OF MIAMI BEACH: ATTEST:
City Clerk
Robert E. Parcher
APPROVED AS TO
Fm & LANGUAGE
2- \-I\
Date
Mayor
Matti Herrera Bower
T:V\GENDAVOI 1\2-09-1 I\North Shore Bandshell Park Master Plan - Reso.doc
83
NORTH SNORE BANDSHELL PARK RENOVATfON EXECUTIVE SUMMARY The North Shore Bandshell Park renovation is the tying element and an essential component of the larger rehabilitation effort of this area includina Ocean Terrace and the neiahborhood beina undertaken bv the Citv of Miami Beach. The 3 - - "" -" ---* restoration focuses on thepublic park, the historical Ba;\dsheil ~udito&m and the ~drth Beadh Oceanfront Center's, both within the bark. to revitalize the social. cultural and recreatisnal area for wubiic use. At project completion with the renovation of the Bandshell Auditorium and the newly built North Beach Oceanfront Center, North Shore Park will be rehabilitated to provide a beautified, controlied and secure area for the neighborhood both during the day and at night. The project aims at adding value to the community and quality of life while offering an aesthetically pleasing and functioning urban space where people will be compelled to spend time. The efforts were directed at establishing as follows: Reconfiguration of walkways and introduction of new promenades to activate the connection between Collins Avenue and Ocean Terrace through the park Lighting design r Reconfiguration and coordination of the service areas for the Bandshell and North Beach Oceanfront Center a Landscape design to csrnplement the existing coconut palm grove a Installation of electronic marquee to advertise community events
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UNFUNDEDGENERALCONCEPTS From the analysis and studies performed during the park conceptual phase it emerged that some areas outside of the scope of work needed to be redesigned to ensure a uniform and coherent flow from the city to the beach through the park. Two distinct: areas were identified: r Connection to beach walk fmrn 72nd Street (Phase 2a) Community leaders have expressed the need to create a connection from the edge of the park to the beach walk. In several meetings it emerged that this axis should also have a series of storage facilities for beach equipment rental. This request has been identified on the master plan as future improvement, but needs further study and development. Multipufpose path al 73rd Street (Phase 2b) It became evident that the sidewalk frcrm the North corner of Collins Ave to Ocean Terrace needs ta be reconfigured to accammodate several and distinct needs: Wider pedestrian connection to the beach, wider hardscaped area by the North Bandshell entrance Drop off area for both communita, center and Bandshell auditorium Extension of bike lane along 73 from west to east as part of a larger urban plan These issues have been studied and a solution has been presented as suggested future improvement. Please refer to the key site plan.
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m PROJECT: North Shore Bandshell Park, Miami Beach, FL
JOB #: 09-1007
ESrIMATE DArr: Nov 24,2010 -
mwururriu PROJECTSTATUS: Schematic Stage
PHASE 1: Park Improvements
PROBABLE COST ASSESSMENT
--
Note:
l.nllcni.mamsnm'aional, adudertamadarrmMnmlumlkr&~rrrrificsh
2, WLW Bw%~SheIternOt Mudcd In costa-nt . . . ___._________I___________ . -- --
PROJECT: North Shore Bandshell Park, Miami Beach, FL
Phase ZA-72nd Street Walkway
JOB #: 09-1007 - MIMATE DATE: Nov 24,2010
w PROJECTSTATUS: Schematic
PHASE 2A: 72nd Street Walkway
PROBABLE COST ASSESSMENT
Note:
LIU&mcrampr~brul&e.~andarerublKttowlier&~mrv&~n
Z.SoftC8bnothdudcd hmAssement
@ PROJEtT: North Shore Bandshell Park, Miami Beach, FL
Phase 2B -73rd Multiipurpose Path
JOB #: 09-1007 - - ESTIMATE DATE: Nov 24,2010
PROJECf STATUS: Schematic
PHASE 2B: 73rd Street Multi-purpose Path
PROBABLE COST ASSESSMENT
Note:
1. All snlmaterarrpmuWrmsl,&udertarn:and aresubjenmauwllers rnrdmtawnlmlon
Z SoR Ccstr not Kithludcd in Cosl Asesmnt
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and authorizing
the Mayor and City Clerk to execute Amendment No. 14 to the Agreement between the City and Wolfberg
Alvarez & Partners, Inc., dated September 25, 2002, for professional Architectural and Engineering (AIE)
services for the Right of Way Infrastructure lmprovements Program Neighborhood 12- South Pointe RDA Phase
II (Project), in the negotiated amount of $82,134.21, for additional Construction Administration and Resident
Project Representative (RPR) services, and $4,500 for Reimbursable expenses for a total not - to -exceed
amount of $86,634.21, for the Project; with funding available from previously appropriated South Pointe Capital
Fund 389 in the amount of $86,634.21.
Key Intended Outcome Supported:
Ensure well designed quality capital projects.
Supporting Data (Surveys, Environmental Scan, etc.): The 2007 Community Satisfaction Survey indicated
that 82% to 85% of the recently completed South Pointe area capital improvement projects were ranked as
good or excellent by residents. Completing the South Pointe RDA Phase II lmprovement Project will add to the
well needed upgrades in this area and improve overall rating.
Issue: I Shall the City Commission approve the additional services for Wolfberg Alvarez and Partners, Inc.? I
Item Summary/Recommendation:
I On September 25,2002, the City approved an Agreement with Wolfberg Alvarez and Partners (WA) Professional I I services for the South Pointe RDA Phase II ~eighborhood ~treetsca~eand Utility Improvement Project. I
Throughout the course of the construction, owner-requested additional scope of work and upgrades to the project
were implemented. These additional work items extended Horizon's original Contract time. Consequently, it will be
necessary to extend Wolfberg's Construction Administration, RPR fees, and Reimbursable expenses associated with
this additional scope of work.
Wolfberg's original Agreement provided for eighteen (18) months of Construction Administration and Resident
Project Representative (RPR) services during Horizon's construction schedule which was to be finalized by
November 2,201 0. With approved change orders, HCl's contract time was increased by (1 16) days. This extended
the scheduled construction completion date to February 26, 201 1. The approved change order for the 3rd Street
additional scope of work further extended Horizon's completion date to April 27,201 1.
Wolfberg has continued to provide RPR services for Project between November 2,2010, through December 31,
2010, and has been compensated for this work utilizing the projects available reimbursable allowance. However,
Wolfberg has not been compensated to date for 80 hours of RPR services for South Pointe Phase II provided during
the month of January, 201 1, and is subsequently requesting reimbursement for such services in this amendment. In
addition, Wolfberg is also requesting reimbursement for Construction Administration services for the project provided
between November 2,2010, through February 26,201 1
It is important to underline that during its January 20,201 1, meeting, the City Commission approved the 3rd Street
lmprovements change order to Horizon via Resolution. However, at that time, negotiations between the City and
Wolfberg for the additional CA and RPR services had not been completed and the parties had not come to a final
agreement. In order to streamline these improvements and ensure that the construction timeline rezained
continuous and unaffected, staff proposed the amendment to the Wolfberg contract for improvements along 3 street
be deferred the subject item to the February Agenda.
I THE ADMINISTRATION RECOMMENDS THE APPROVAL OF THE AMENDMENT NO. 14. I
Advisory Board Recommendation: I ClPOC
Financial Information:
"W
t:lagenda\2011\2-09-1 l\wolfberg alvarez rpr, construction admin & addit'l service summary.doc
AQEMDA ITEM c7 c
Ze?-//
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez
e-6
DATE: February 9, 201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 14 TO THE AGREEMENT
BETWEEN THE ClTY AND WOLFBERG ALVAREZ & PARTNERS, INC., DATED
SEPTEMBER 25, 2002, FOR PROFESSIONAL ARCHITECTURAL AND
ENGINEERING (NE) SERVICES FORTHE RIGHT OF WAY INFRASTRUCTURE
IMPROVEMENTS PROGRAM NEIGHBORHOOD 12- SOUTH POINTE RDA
PHASE II (PROJECT), IN THE NEGOTIATED AMOUNT OF $82,134.21, FOR
ADDITIONAL CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT
REPRESENTATIVE (RPR) SERVICES, AND $4,500 FOR REIMBURSABLE
EXPENSES FOR ATOTAL NOT - TO - EXCEED AMOUNT OF $86,634.21, FOR
THE PROJECT; WITH FUNDING AVAILABLE FROM PREVIOUSLY
APPROPRIATED SOUTH POINTE CAPITAL FUND 389 IN THE AMOUNT OF
$86,634.21.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding is available in the amount of $86,634.21, previously appropriated in the South
Pointe Capital Fund 389 for Engineering and Design fees in account number 389-2332-
061 357.
BACKGROUND
On February 4,2004, the City Commission approved the Basis of Design Report (BODR),
completed and submitted by Wolfberg Alvarez and Partners (Wolfberg) for the South Pointe
RDA Phase II, Neighborhood No.12C Right of Way Improvement Project (the Project).
On December 10,2008, the City Commission approved the award of a construction contract
to Horizon Contractors, Inc. (Horizon) in the amount of $7,683,901, for the construction of
the Project. The original Project area encompasses improvements to the entire Public Right-
of-Way infrastructure from Fifth Street to Second Street, excluding Third Street, and from
west of Washington Avenue to Alton Road. (Third Street was completed in Phase I.)
The original Project scope of work included the replacement of approximately 5,610 linear
feet of existing water lines within the alleyways and along 4th Street to enhance the water
distribution system pressure; the installation of new storm water infrastructure throughout the
project area which includes approximately 6,160 linear feet of storm drainage collection pipe,
approximately 130 drainage structures, and twenty-one (21) gravity wells; streetscape
improvements, including traffic calming measures and enhanced pedestrian access, bump-
outs and defined neighborhood entrances; landscaping; pedestrian lighting and parking
improvements.
City Commission Memorandum - WOLFBERG ALVAREZ AND PARTNERS AMENDMENT 14
February 9,2011
Page 2 of 3
On May 4,2009, the contractor (Horizon) was issued the second Notice to Proceed (NTP) to
mobilize and commence the construction activities.
ANALYSIS
On January 19, 2011, The Citv Commission approved the addition of the 3rd Street
lmproverne;~ts to Horizon contractors Inc.'s, (~orizon) contract for the amount of $678,708.
Other improvements to the project included the installation of the 4th Street water main from
Jefferson Court to Washington Avenue, additions to the irrigation system, Addapave and
Healthy Tree Fertilization System (HTFS), and reconstruction of a portion of 2"d Street. The
total City requested additional scope of work to the project is approximately $1,628,627. The
additional construction work warrants the extension of Construction Administration, RPR
services, and Reimbursable expenses associated with the added scope of work. It should be
noted that the CA and RPR services amount of $82,134.21, being requested by Wolfberg for
these additional services is commensurate with past rates negotiated and accepted by the
City. (See Attachment A)
Additional RPR and Construction Administration Services for Amendment 14:
Wolfberg's original Agreement provided for eighteen (18) months of Construction
Administration and Resident Project Representative (RPR) services during Horizon's
construction schedule which was to be finalized by November 2, 2010. With approved
change orders, HCl's contract time was increased by (1 16) days. This extended the
scheduled construction completion date to February 26,201 I. The approved change order
for the 3rd Street additional scope of work further extended Horizon's completion date to April
27,201 1.
Wolfberg has continued to provide RPR services for South Pointe Phase II between
November 2 ,201 0, through December 31,201 0, and has been compensated for this work
utilizing the projects available reimbursable allowance. However, Wolfberg has not been
compensated to date for 80 hours of RPR services for South Pointe Phase II provided
during the month of January, 201 1, and is subsequently requesting reimbursement forsuch
services in this amendment. In addition, Wolfberg is also requesting reimbursement for
Construction Administration services for the project provided between November 2,2010,
through February 26,201 1 (See Attachment A - Scope of Work - Section I).
Additional RPR and CA services for 3rd Street consistent with HCl's contract extension, to a
new stipulated construction completion date of April 27, 201 1 are also included as part of
this amendment. (see Attachment A - Scope of Work Section 11) .
It is important to underline that during its January 20, 201 1, meeting, the City Commission
approved the 3rd Street Improvements change order to Horizon via Resolution. However, at
that time, negotiations between the City and Wolfberg for the additional CA and RPR
services had not been completed and the parties had not come to a final agreement. In
order to streamline these improvements and ensure that the construction timeline remained
continuous and unaffected, staff proposed the amendment to the Wolfberg contract for
improvements along 3rd street be deferred the subject item to the February Agenda.
Staff has reviewed the fee proposal submitted by Wolfberg and finds it is commensurate
with the original CA services agreement. Staff has further negotiated the required level of the
CA and RPR services required for Horizon's additional scope of work, and find the amount
being requested is fair and reasonable.
City Commission Memorandum - WOLFBERG ALVAREZ AND PARTNERS AMENDMENT 14
February 9,201 1
Page 3 of 3
CONCLUSION:
The Administration hereby recommends the Mayor and City Commission adopt the
Resolution approving and authorizing the ~a~or and City Clerk tb execute ~mendment No.
14 to the Agreement between the City and Wolfberg Alvarez and Partners, dated September
25,2002, for Professional Architectural and Engineering (AIE) Services for the Right of Way
Infrastructure Improvements Program Neighborhood 12 - South Pointe RDA Phase II
(Project), in the amount of $86,634.21, for additional Construction Administration and
Resident Project Representative Services and Reimbursable Expenses for the Project; with
funding available from previously appropriated South Pointe Capital Fund 389, in the amount
of $86,634.21.
Attachment:
1. Wolfberg Alvarez- BP 12- Extended CA & RPR Services Revised 12-24-10.xls
JMGIJGIJCI ICFICD
T:\AGENDAU f 11\2-09-1 I\WOLFBERG ALVARU RPR 8 CONSTRUCTION ADMlN MEMO Rev1 .doc
ARCHITECTURE
Julio E. Alvarw, PE, PresidenvChairman
Marcel R. Morlote, AIA, Senior Vice President
Aris Gmia, AIA, Vice President
Mario H. Gutierrez, PE, LEEDa AP, Vice President
January 24,20 1 1
Revised February 1,2011
Ms. Carla Dixon
City of Miami Beach CIP Office
777 17' Street, Suite 201
Miami Beach, Florida 33 1 39
RE: City of Miami Beach
Right-of-way Mastructure Improvement Program
South Pointe Streetscape Improvements - Phase I1
WA Project No.: 2203700
SUBJ: Request for Additional Services -
Additional Construction Administration including RPR Services
For the South Pointe Phase II project and Improvements to 3* Street
Dear Carla:
Wolfberg Alvarez and Partners (WA) is pleased to submit for your consideration and approval this
request for additional services regarding additional construction administration services, RPR services,
and improvements to 3* Street including reimbursable expenses for various items as delineated below.
SCOPE OF WORK
The scope of work includes extended Construction Administration Services and Resident Project
Representative (RPR) services to complete the remaining of the South Pointe Phase I1 project resulting of
the construction contract time extension given to the Contractor, and to complete additional scope of
services for the proposed improvements to 3* Street as delineated below:
I. Extended Construction Administration (CA) and RPR Services - South Pointe Phase 11: The
Agreement between the City of Miami Beach and Wolfberg Alvarez and Partners (WA) stipulated a
period of time of eighteen (1 8) months for the construction of the South Pointe Phase II project. The
18-month milestone occurred on November 2, 2010. The City Commission in its meeting of January
2011 granted Horizon Contractors Inc. an extension of time until February 26, 2011. WA is
requesting additional services to cover the extended CA and RPR Services for the abovenoted
timeline. The scope of services will include construction administration of the following items:
Second lift of asphalt for current Phase II project.
Installation of drainage gate valves on recently installed drainage system as part of the Phase 11
project.
Drainage pipe repairs.
T:\South Point ROW Improvement-Phasc IL2002\Planning\Word Rocessing\Cotreswndmce\C'i of Miami Beach\CMB 01241 I(addIsewi~csCA&Rl'R) Rev.docx
1500 SAN REMO AVENUE, SUITE 300 CORAL GABLES, FLORIDA 33146 TELEPHONE (305) 666-5474
AA 000 2416 EB 000 2354
Ms. Carla Dixon - CMB
South Pointe Streetscape - Ph I1
WA Project No. 2203700
January 24,20 1 1 Rev. February 1,20 1 1
Page 2
Installation of weir control structure #1 at Jefferson Court, north of 2nd Street.
Pavement markings and signage of current Phase 11 project.
Pavement reconstruction and milling and resurfacing of 2nd Street, including pavement markings.
II. Improvements to 3rd Street: WA is requesting additional services for the Construction
Administration and RPR Services for the reconstruction of 3* Street including concrete sidewalk
construction, milling and resurfacing of the paved road, new tree pits with Adapave and Healthy Tree
Fertilizer System, and pavement markings. It is our understanding that the CA and RPR Services for
the improvements to 3d Street will occur during the period of time between February 27,201 1 and
April 27,20 1 1.
FEE PROPOSAL
We have attached two (2) spreadsheets showing the required manhours for the various individuals
involved in the scope of work for both items as defined above. Based on the effort required, we are
requesting a stipulated mount of $86,634.21 (eighty six thousand six hundred and thu-ty four dollars and
twenty one cents). This amount includes the mount of $4,500 for reimbursable expenses.
Please note that the services to be provided by WA include as-built certifications, but does not include the
preparation of any construction documents andlor sketches nor any effort for permitting issues, but
includes drafting or CAD hours for the preparation of responses to RFIYs during the construction phase
for the improvements to 3d Street.
Please review the information contained herein and issue an amendment to our agreement, and should you
have any questions, please feel free to contact me or Mr. Jorge Maldonado, P.E.
Sincerely,
Mario H. ~utierrez, P.E.., LEED@ AP
Vice President
Attachment
J. Alvarez, P.E.
J. Maldonado, P.E.
File
T:\South Point ROW Improvement-Phase IL?002\Planning\Word Pmwssing\Co-ndencc\City of Miami Beach\CMB 01241 l(addWcesCA&RPR) Rev.docx
1500 SAN REMO AVENUE, SUITE 300 CORAL GABLES, FLORIDA 33146 TELEPHONE (305) 666-5474
AA 000 24 16 EB 000 2354
RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO. 12 - SOUTH POINTE RDA PHASE II EXTEFCDEB RPF? AND CONSTaUCTtON ADMINISTRATION SERVICES (See Scope of Work Below) Howember 2,2920 thru February 26,201 1 WOLFBERGALVAREZANDPARTNERS LABOR CLASSIFICATION TOTAL REQUEST Scope of Work Items: 1. Second lift of asphalt for current Phase II project. 2. Installation of drainage gate valves on recently installed drainage system. 3. Drainage pipe repairs. 4. Installation of weir control structure #1 at Jefferson Court, north of 2nd Street. 5. Pavement markings and signage of current Phase II project. 6. Pavement reconstruction and milling and resurfacing of 2nd Street, pavement markings.
.sBu!y~ew iuawa~ed pue 'wa)sAs Jaz!lyaj aaJl Aqqea~ pue anedep~ q)!~ stid aaJ) Mau 'peoJ pa~ed ay)#o Bupeynsa~ pue Gu!ll!w 'uo!)3nJlsuo3 yleMap!s a)anuo3 Bu!pnpu! )aaJ)S pJc p uog3ru)suo3at(
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 14 TO THE AGREEMENT
BETWEEN THE ClTY AND WOLFBERG ALVAREZ & PARTNERS, INC., DATED
SEPTEMBER 25, 2002, FOR PROFESSIONAL ARCHITECTURAL AND
ENGINEERING (AIE) SERVICES FOR THE RIGHT OF WAY INFRASTRUCTURE
IMPROVEMENTS PROGRAM NEIGHBORHOOD 12- SOUTH POINTE RDA PHASE
II (PROJECT), IN THE NEGOTIATED AMOUNT OF $82,134.21, FOR ADDITIONAL
CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT
REPRESENTATIVE (RPR) SERVICES, AND $4,500 FOR REIMBURSABLE
EXPENSES FOR A TOTAL NOT - TO - EXCEED AMOUNT OF $86,634.21, FOR
THE PROJECT; WITH FUNDING AVAILABLE FROM PREVIOUSLY
APPROPRIATED SOUTH POINTE CAPITAL FUND 389 IN THE AMOUNT OF
$86,634.21.
WHEREAS, pursuant to Request for Qualifications (RFQ) No. 57-00101, the Mayor and
City Commission adopted Resolution No. 2002-24993, on September 25, 2002, approving and
authorizing the Mayor and City Clerk to execute an Agreement with the Consultant for
Professional Services for the Right of Way Infrastructure Improvements Program Neighborhood
12 - South Pointe RDA Phase I1 Project (the Agreement); and
WHEREAS, the Agreement provides for the detailed planning, design, permitting,
bidding I award and construction administrative services for various streetscape I utility
improvements within the South Pointe RDA Phase II Neighborhood(the Project); and
WHEREAS, the Agreement was executed for a not-to-exceed amount of $469,634.00;
and
WHEREAS, on February 16, 2005, the City approved Amendment No. 1 to the
Agreement, in the amount of $19,750, for the implementation of additional underground utility
field verification efforts to further refine contract documents by selectively investigating "utility"
locations where proposed underground infrastructure will intersect with existing improvements;
and
WHEREAS, on March 1 I, 2005, the City approved Amendment No. 2 to the Agreement,
in the amount of $10,750, for additional services for updating I revising the survey for areas
within the Project boundary that recently implemented right-of-way improvements adjacent to
the new private developments, and within along the AIton Road right-of-way from Fourth to Fifth
Streets; and
WHEREAS, on October 19, 2005, the Mayor and City Commission adopted Resolution
No. 2005-26037, approving Amendment No. 3 to the Agreement, in the amount of $272,673, for
additional planning, design and construction administration services associated with the
expanded scope of the Project ; and
WHEREAS, on January 10, 2006, the City approved Amendment No. 4 to the
Agreement, in the amount of $12,626, for additional efforts associated with Geotechnical
Evaluation services associated with the expanded scope of the Project; and
WHEREAS, on May I I, 2007, the City approved Amendment No. 5 to the Agreement, in
the amount of $24,999, for additional efforts associated with subsurface explorationlutility
verification for the Project; and
WHEREAS, on October 2, 2008, the City approved Amendment No. 6 to the Agreement,
in the amount of $20,469, for additional efforts associated with additional design efforts for the
paving, grading and drainage of the alleyways, survey and dedication of an Easement and
various proposed staging configurations for the Project; and
WHEREAS, on November 20, 2008, the City approved Amendment No. 7 to the
Agreement, in the amount of $17,921, for the reconfiguration of Parking on Jefferson Avenue;
and
WHEREAS, on February 25, 2008, the City approved Amendment No. 8 to the
Agreement, in the amount of $492,458, for Resident Project Representative (RPR) and
Supplemental Construction Administration Services, additional Design Services, and
Reimbursable Expenses; and
WHEREAS, on March 27, 2009, the City approved Amendment No. 9 to the Agreement,
in the amount of $20,000, for the design modifications necessitated by the Miami-Dade County
Public Works Department, Engineering Division; and
WHEREAS, on October 14, 2010, the City approved Amendment No. 10 to the
Agreement, in the amount of $18,052, for assisting the City with the re-bid effort, and the
renewal and extension of numerous permits for the project; and
WHEREAS, on October 14, 2010, the City approved Amendment No. 11 to the
Agreement, in the amount of $10,000, for the design of a 12 inch water main on Fourth Street
from Jefferson Court to Washington Avenue, within the Project; and
WHEREAS, on December 17, 2010, the City approved Amendment No. 12 to the
Agreement, in the amount of $16,000, for additional professional services associated with the
landscape design drawings, including encroachment documentation for the Project; and
WHEREAS, on November 18, 2010, the City approved Amendment No. 13 to the
Agreement, in the amount of $19,200, and
WHEREAS, the following Amendment No.14 to the Agreement, has been negotiated in
the amount of $86,634.21, for professional services and reimbursable expenses, resulting in a
revised total contract fee of $1,511 ,I 66.21.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, approving and authorizing the
Mayor and City Clerk to execute Amendment No. 14 to the Agreement between the City and
Wolfberg Alvarez and Partners, dated September 25, 2002, for Professional Architectural and
Engineering (AIE) Services for the Right of Way Infrastructure Improvements Program
Neighborhood 12 - South Pointe RDA Phase I1 (Project), in the amount of $86, 634.21, for
additional Construction Administration and Resident Project Representative Services and
Reimbursable Expenses for the Project; with funding available from previously appropriated
South Pointe Capital Fund 389, in the amount of $86,634.21.
PASSED and ADOPTED this day of 201 1.
ATTEST:
ROBERT H. PARCHER, CITY CLERK MATTI HERREA BOWER,
T:WGENDAPOI 1\2-09-1 I\WOLFBERG ALVAREZ RPR, CONSTRUCTION ADMlN & ADD1
APPROVED AS TO
COMMISSION ITEM SUMMARY
Condensed Title:
Elect Commissioner Jonah Wolfson as Vice-Mayor of the City of Miami Beach, Florida, for a term
commencing on March 1, 201 1 and terminating on June 30, 201 1, or on such date when a new Vice-
Mayor is thereafter elected.
Key Intended Outcome Supported: I Increase community satisfaction with City services.
Supporting Data (Surveys, Environmental Scan, etc.): NIA
Issue: .-----
Shall the City Commission Elect Commissioner Jonah Wolfson as Vice-Mayor?
Item SummarylRecommendation:
The City Commission has established a policy of rotating the position of Vice-Mayor every four (4) months.
Since 1994, the rotation has been by Commission Group numbers in the following sequence, Group I, II,
Ill, IV, V, and VI.
I Based on this direction, the next Vice-Mayor Group is Group IV. The term for the next Vice-Mayor is
March 1,201 I and terminating on June 30,201 1. Commissioner Jonah Wolfson (Group IV) is next in the I rotation to serve as Vice-Mayor. I
Advisory Board Recommendation:
Financial Information:
I I
I I I
Financial Impact Summary:
Approved
I.
OBPl
City Clerk's Office Legislative Tracking: I Robert E. Parcher, City Clerk
Account Source of
Funds:
l--l
3
4
Total
Sign-Offs:
I Department Director Assistant City Manager City Manager I
1
2
Amount
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: February 9, 201 1 m SUBJECT: A RESOLUTION OF THE MAYOR A CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ELECTING COMMISSIONER JONAH WOLFSON,
GROUP IV, AS VICE-MAYOR FOR A TERM COMMENCING ON MARCH 1,
201 1, AND TERMINATING ON JUNE 30,201 1, OR ON SUCH DATE WHEN A
NEW VICE-MAYOR IS THEREAFTER ELECTED.
ANALYSIS
The City Commission has established a policy of rotating the position of Vice-Mayor every
four (4) months. Since 1994, the rotation has been by Commission Group number in the
following sequence, Group I, 11, Ill, IV, V, and VI.
Based on this direction, the next Vice-Mayor Group is Group IV. The term for the next Vice-
Mayor is March 1,201 1 through June 30,201 1. Commissioner Jonah Wolfson (Group IV) is
next in the rotation to serve as Vice-Mayor.
JMGI R"P EP
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MIAMI BEACH, FLORIDA, ELECTING COMMISSIONER
JONAH WOLFSON, GROUP IV, AS VICE-MAYOR FOR A TERM
COMMENCING ON MARCH I, 201 I, AND TERMINATING ON JUNE 30,
2011, OR ON SUCH DATE WHEN A NEW VICE-MAYOR IS
THEREAFTER ELECTED.
WHEREAS, the Mayor and City Commission established a policy of rotating the position of
Vice-Mayor every four months; and
WHEREAS, for the term commencing on March 1,201 I, and terminating on June 30,201 1,
the Mayor and City Commission herein elect Commissioner Jonah Wolfson as Vice-Mayor.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClTY COMMISSION
OF THE ClTY OF MIAMI BEACH, FLORIDA that Commissioner Jonah Wolfson is hereby elected
as Vice-Mayor of the City of Miami Beach, Florida, for a term commencing on March 1, 201 1 and
terminating on June 30, 201 I, or on such date when a new Vice Mayor is thereafter elected.
PASSED and ADOPTED THIS gth day of February, 201 1
ATTEST:
MATTI HERRERA BOWER,
MAYOR
ROBERT PARCHER,
ClTY CLERK
APPROVED AS TO
FORM & LANGUAGE
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida,
Adopting and Appropriating the First Amendment to the Police Confiscation Trust Fund
Budget for Fiscal Year 2010111 in the amount of $70,000 to be funded from the proceeds of
State and Federal Confiscated Funds.
<ey Intended Outcome Supported:
Increase Resident and Business ratings of Public Safety.
Supporting Data (Surveys, Environmental Scan, etc.): According to the Center For
Research and Public Policy Residential and Business Satisfaction Survey of the City of
Miami Beach residents in 2009, indicated that their three top most important areas of for the
City of Miami Beach to address in an effort to improve public safety throughout the City is
Preventing Crime 44.9%, Enforcing Traffic Laws 36.1% and Increasing Visibility of Police in
Neighborhoods 32.4%,
.VVI".
Shall the Mayor and City Commission adopt and appropriate the first amendment to the
Police Confiscation Trust Fund Budget for Fiscal Year 201 011 I?
Item SummarylRecommendation:
The Chief of Police has reviewed and identified the needs for the appropriation and has
established that the expenditures of forfeiture funds are in compliance with Section
932.7055, Florida State Statutes and the Guide to Equitable Sharing of Federally Forfeited
Property for Local Law Enforcement Agencies.
The Administration recommends that the Mayor and City Commission adopt the first
amendment to the Police Confiscation Trust Fund Budget for Fiscal Year 2010111 in the
amount of $70,000.
Advisory Board Recommendation: I NIA
'inancia1 Information:
Source of I Amount Account I
Funds: I 1
I I 8
Financial Impact Summary:
I
OBPl
ity Clerk's Office Legislative Tracking:
Mauvett Rattigan, Miami Beach Police Department
Confiscation Funds:
AGENDA ITEM e7E
DATE 2-9'
2
3
4
Total
$25,000
$45,000
$70,000
607-8000-351 21 0 State funds-Confiscations
603-8000-351 21 1 Federal-Justice funds
@ MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti ; Herrera Bower and Members of the City Commission
/
FROM: Jorge M. Gonzalez, City Manager
DATE. February 9, 201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND ISSlON OF THE
CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND
APPROPRIATING THE FIRST AMENDMENT TO THE POLICE
CONFISCATION TRUST FUND BUDGET FOR FISCAL YEAR
2010/11 IN THE AMOUNT OF $70,000 TO BE FUNDED FROM
THE PROCEEDS OF STATE CONFISCATED FUND ($25,000) AND
FEDERAL ($45,000) CONFISCATED FUNDS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Florida Statute 932.7055 provides for expenditures of forfeiture funds for law
enforcement purposes.
The Miami Beach Chief of Police, Carlos Noriega, has reviewed and identified the need
for the appropriation and has established that the expenditures of forfeiture funds are in
compliance with Section 932.7055, Florida State Statutes, and the Guide to Equitable
Sharing of Federally Forfeited Property for Local Law Enforcement Agencies. These
forfeiture funds have been deposited in the Police Confiscation Trust Fund. The City
has complied with all statutory procedures involved in the transaction of these funds.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the First
Amendment to the Operating Budget for the Police Confiscation Trust Fund for Fiscal
Year 201 011 1 in the amount of $70,000, to provide for the expenses listed in Exhibit "A.
JMG k NIRMIMR @
EXHIBIT "A"
MIAMI BEACH POLICE DEPARTMENT
CONFISCATION TRUST FUND BUDGET
FIRST AMENDMENT
FISCAL YEAR 201 011 1
STATE FUNDS:
Blackhawk Xiphos NT Lighting System for newly acquired Smith and Wesson M&P
40 Caliber Firearms
SUB-TOTAL OF STATE FUNDS:
Penlink Software for analyzing cell phone data and conducting pen registers and
telecommunications intercept.
TAGv2 GPS Tracking system for mobile surveillance.
Pole Cameras for conducting video surveillance and also allows monitoring from
remote locations via the web.
SUB-TOTAL OF FEDERAL FUNDS:
TOTAL OF STATE AND FEDERAL FUNDS
Certification
I, Carlos Noriega, Chief of Police, City of Miami Beach, do hereby certify that the aforementioned
proposed request for expenditures from the City of Miami Beach Police Confiscation Trust Fund,
for the 201 112012 fiscal year providing funds for Legal and Administrative Fees complies with the
provisions of Section 932.7055(4)(b), Florida Statutes, and the Guide to Equitable Sharing of
Federally Forfeited Property for Local Law Enforcement Agencies.
Chief of Police
Miami Beach Police Department
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MlAMl BEACH, FLORIDA, ADOPTING AND
APPROPRIATING THE FIRST AMENDMENT TO THE POLICE
CONFISCATION TRUST FUND BUDGET FOR FISCAL YEAR
201012011 IN THE AMOUNT OF $70,000.00 TO BE FUNDED
FROM STATE CONFISCATED FUNDS ($25,000.00) AND
FEDERAL CONFISCATED FUNDS ($45,000.00).
WHEREAS, Section 932.7055 of the Florida Statutes sets forth the purpose and
procedures to be utilized for the appropriation and expenditures of the Police Confiscation Trust
Fund; and
WHEREAS, the proceeds and interest earned from the Police Confiscation Trust Fund is
authorized to be used for crime prevention, safe neighborhood, drug abuse education and
prevention programs, or for other law enforcement purposes; and
WHEREAS, the Chief of Police is authorized to expend these funds upon request to the
City of Miami Beach Commission, and only upon appropriation to the Miami Beach Police
Department by the City of Miami Beach Commission; and
WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written
certification which states that this request complies with the provisions of Section 932.7055 of
the Florida Statutes (written certification attached as Exhibit A), and the Guide to Equitable
Sharing of Federally Forfeited Property for Local Law Enforcement Agencies; and
WHEREAS, funds in the amount of $70,000.00 are available in the Police Confiscation
Trust Fund.
STATE
FEDERAL
TOTAL
CURRENT
BUDGET
INCREASE AMENDED
BUDGET
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, adopting and appropriating the
first amendment to the Police Confiscation Trust Fund budget for fiscal year 20101201 1 in the
amount of $70,000.00 to be funded from State Confiscated Funds ($25,000.00) and Federal
Confiscated Funds ($45,000.00).
PASSED and ADOPTED this day of February, 201 1.
ATTEST:
MAYOR MATT1 HERRERA BOWER
ROBERT PARCHER, ClTY CLERK
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
I A Resolution appropriating funds in the amount of $81,921, from Fund 429, Stormwater Projects Line of 1 I Credit, for stormwater infrastructure improvements in the Sunset Harbor neighborhood.
- 1
Key Intended Outcome Supported:
Ensure well maintained infrastructure.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Community Satisfaction I survey, on6 43% of residents rated the City's storm drainage (to avoid flooding) as "excellent" or "good." . I
Issue:
( Shall the City Commission adopt the Resolution? I
Item Summary1Recommendation:
The Sunset Harbor Neighborhood has three storm water issues. First, there remains insufficient discharge
capacity to achieve the desired level of service. Second, there is inadequate conveyance (catch basins
are too small and the streets are improperly graded) that limits the ability of storm water to reach the
outfalls in a timely fashion. Third, there is backflow of ground water from an exfiltration trench at the
northwest corner of the neighborhood that causes localized flooding during high tides. These mechanical
and piping issues lead to street flooding that is exacerbated during periods of high tide.
Staff negotiated with a pre-qualified engineering firm to develop a proposal for a retrofit design to augment
the capacity of the Sunset Harbor drainage system to meet a five-year, one-day level of storm water
service. In the retrofit design, the City is planning improvements to provide redundancy and additional
discharge capacity. To this end, improvements may include interconnecting the basins, upsizing the pump
stations to accommodate larger contributing areas, construction of new drainage wells along with the
redevelopment of the existing drainage wells to provide greater discharge capacity. Weirs and detention
boxes will be provided to meet the requirements of the various regulatory agencies. The City will also mill
and resurface the streets in the neighborhood, adjusting grades to provide better storm water conveyance
and to reduce ponding. The problematic exfiltration trench will be addressed to prevent backflow of ground
water during high tides. An option to add a fourth pump station with associated discharge facilities will be
evaluated and included in the final design if deemed necessary. The engineers will provide a summary of
recommended improvements, comprehensive project cost schedules, complete bid package including
plans and technical specifications for the proposed improvements.
( THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. 1
Advisory Board Recommendation: I N/A
City Clerk's Office Legislative Tracking: /7 I Fernando Vazquez, City Engineer, ext.6399
Financial Information:
Source of
Funds:
Financial Impact Summary: NIA
2
Totar,
Amount
$81,921
Account:
Stormwater Projects Line of Credit approved by the
City Commission in May, 2009, with such funds to be
repaid from proposed Future Stormwater Bonds
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: February 9, 201 1
w
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, APPROPRIATING FUNDS IN THE AMOUNT OF $81,921,
FOR CONSULTING SERVICES FOR THE SUNSET HARBOR STORM WATER
SYSTEM, WlTH FUNDING FROM FUND 429, STORMWATER PROJECTS LINE OF
CREDIT; WlTH SUCH FUNDS TO BE REPAID FROM PROPOSED FUTURE
STORMWATER BONDS FOR THE SUNSET HARBOR PUMP STATION
UPGRADES PROJECT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding for this task, in the amount of $81,921, needs to be appropriated from Fund 429,
Stormwater Projects Line of Credit; with such funds to be reimbursed from proposed future
stormwater bonds for the Sunset Harbor Pump Station Upgrades project.
BACKGROUND
In Fiscal Year 201 01201 1, the City created a capital project entitled Sunset Harbor Pump Station
Upgrades. This project allows City staff to address an identified storm water problem and to
construct the necessary improvements to provide a five-year, one-day level of service.
ANALYSIS
The original drainage system serving Purdy Avenue and Sunset Harbor Drive (20th Street)
consisted of three (3) outfalls, one each located at Gibbs Park (south outfall), the Marina (middle
ouffall) and Publix (north outfall on Sunset Harbor Drive). Subsequently, Public Works
Operations found a fourth outfall, interconnected with a small exfiltration trench system at the
intersection of Purdy Avenue and Sunset Harbor Drive. These outfalls discharged to Biscayne
Bay or the canal separating Sunset Harbor and Sunset Island IV. In 1994, the capacity of these
gravity outfall lines were augmented by the construction of gravity drainage wells, connected
directly to each outfall line. Attachment A provides a depiction of the original drainage
configuration.
In 1999, an engineering analysis determined that the effectiveness of these gravity systems
were inadequate to handle storm water runoff in the area, as the volume of runoff increased
significantly by the construction of the towers at 1800 and 1900 Sunset Harbor Drive.
Temporary flooding conditions were evident after most storms of any magnitude, and conditions
were exacerbated when storm events coincided with high tides. The 1999 engineering analysis
found that the capacity of the gravity drainage wells had diminished over the years as a result of
debris collecting within the wells since no provisions to intercept foreign debris was provided in
Commission Memorandum - Sunset Harbor Pump Station Upgrades
February 9,201 1
Page 2 of 3
the original design as part of the inlet structures channeling storm water to the well systems.
The measured elevations of the gravity well influent structures, outfall inverts and road grades
were such that flooding conditions in the right-of-way occurred even before the gravity systems
became operational.
The consultant recommended four modifications that would improve the storm water system.
The first recommendation was installing three-chamber pollution control structures over the
drainage wells. These structures would prevent sediment from entering the wells and prevent
water from back-flowing into the streets. The second recommendation was to lower the invert
elevations of the drainage wells in order to allow water to enter the wells before the streets
would flood. The third recommendation was lowering the outfall inlets so that they would begin
to operate after the drainage wells but before the streets flooded. The fourth recommendation
was to redevelop the drainage wells to restore their original intake capacity. The Miami-Dade
County Department of Environmental Resource Management (DERM) reviewed these
recommendations and found them to be acceptable. The 1999 analysis also stated that pumps
might be required if street flooding continued to be a problem.
The recommended improvements were completed in 2003. In addition to the recommended
modifications of the existing system, one duplex pilot pump station was constructed at Outfall
No. 2 (adjacent to the Marina). In 2007, duplex pump stations were added at Outfalls No. 1 and
No. 3 (Gibbs Park and Publix, respectively). The gravity drainage wells were originally designed
to discharge approximately 750 gallons per minute (gpm). Installation of the pump stations
increased the discharge rate five-fold to approximately 4,000 gpm.
Both DERM and the Florida Department of Environmental Protection (FDEP) permitted the
work. FDEP included a requirement to include a passive bypass of the pumping system to limit
the discharge rate to the wells, which was not part of the original design. Passive bypass
systems consist of non-mechanical safety components that limit maximum allowable pressures
in the discharge wells. Typically, passive bypasses are overflow pipes, orifice plates, or weirs. In
2010 the City installed the required passive bypass systems to bring the pump stations into
compliance with the DERM and FDEP permits.
The neighborhood still has three storm water issues. First, there remains insufficient discharge
capacity to achieve the desired level of service. Second, there is inadequate conveyance (catch
basins are too small and the streets are improperly graded) that limits the ability of storm water
to reach the outfalls in a timely fashion. Third, there is backflow of ground water from the
exfiltration trench at the northwest corner of the neighborhood that causes localized flooding
during high tides. These mechanical and piping issues still lead to temporary street flooding that
is exacerbated during periods of high tide.
In conjunction with the Citywide Storm Water Master Plan, a new model has been developed of
the existing system, and it has been calibrated to mimic current conditions. The model was run
numerous times with different storm intensities and durations. The modeling confirmed flooding
that overtops the sidewalks and has provided guidance on the measures needed to provide an
adequate level of service. The outfalls were televised and found to be in good condition further
confirming that the remaining issues are systemic and not related to maintenance.
Staff negotiated with a pre-qualified engineering firm to develop a proposal for a retrofit design
to augment the capacity of the Sunset Harbour drainage system to meet a five-year, one-day
level of storm water service. The proposal is provided as Attachment B. In the retrofit design,
the City is planning improvements to provide redundancy and additional discharge capacity. To
this end, improvements may include interconnecting the basins, upsizing the pump stations to
accommodate larger contributing areas, construction of new drainage wells along with the
Commission Memorandum - Sunset Harbor Pump Station Upgrades
February 9,2011
Page 3 of 3
redevelopment of the existing drainage wells to provide greater discharge capacity. Weirs and
detention boxes will be provided to meet the requirements of the various regulatory agencies.
The City will also mill and resurface the streets in the neighborhood, adjusting grades to provide
better storm water conveyance and to reduce ponding. The problematic exfiltration trench will
be addressed to prevent backflow of ground water during high tides. An option to add a fourth
pump station with associated discharge facilities will be evaluated and included in the final
design if deemed necessary. Under this proposal, the engineers will provide a summary of
recommended improvements, comprehensive project cost schedules, and a complete bid
package including plans and technical specifications for the proposed improvements. The
engineering study will be comprehensive, addressing all drainage basins within the Sunset
Harbor neighborhood.
After Commission approval of this resolution, it is anticipated that construction plans will be
completed and permitting of the work approved by June 201 1. Should the City then utilize the
JOC system to procure a contractor, it is estimated that construction could be completed in the
first quarter of calendar year 201 2.
CONCLUSION
The Administration recommends adopting this resolution to appropriate funds, in the amount of
$81,921, for the design and permitting of the stormwater improvements for the Sunset Harbour
Neighborhood, with funding from Fund 429, Stormwater Projects Line of Credit; with such funds
to be repaid from proposed future stormwater bonds.
Attachment:
A: Map of Sunset Harbor Drainage Basins
B: APCTE Proposal
T:WGENDAEOI 1\2-09-1 l\Drainage - Sunset Harbour memo.doc
Attachment B CITY OF MIAMI BEACH - TECHNICAL SUPPORT CONSULTANTS TASK ORDER REQUEST Sunset Harbor Pump Stations I & 2 01104/2011 / The purpose of this scope of services is to provide consulting I engineering services to the City of Miami Beach: 1- Drainage Analysis, design, plan production, permit and post design services for the retrofit of Pump Stations 1 & 2 that serve the area of Sunset Harbor, located at Purdy Avenue. Plans and Drainage Report 2/20/2011 Permits 411 01201 1 Construction Plans 6130120 1 1 Details attached. (Exhibit A) Permit Fees. The services identified shall be compensated in the form of a LUMP SUM OF $27,496.30. Should additional work become necessary in excess of the amount authorized, justification shall be provided and a separate letter of authorization will be required. NIA Plans and Technical Special Provisions. Page 1 of 2
Signature i i I PREPARED FOR A&P CONSULTING TRANSPORTATION APPROVED FOR CITY OF MIAMI BEACH: ENGINEERS BY: Arnelio Alfonso Jr., P.E. Fernando Vazquez, P.E. Name (typed or printed) Name (typed or printed) Proiect Manaqer City Enaineer Title Title signature' &//of /a// Date / REVIEWED FOR A&P CONSULTING TRANSPORTATION ENGINEERS BY: 1 Carlos GiCMers. P.E. Name (typed or printed) Principal i / Signature I Date Page 2 of 2
A ESTIMATE OF WORK EFFORT FOR SELECTION Sunset Harbor Pump Stations 1 and 2 (Purdv Avenue) ENalmEeRs CONSULTANT NAME: Consulting Transportation Engineers NAME: Sunset Harbor WPI No.: AT Purdy Avenue FDOT Job No.: and FAP No.: DATE: 12/13/2010 B. c. 5. Post Design Services 30 TOTAL 1 277 STAFF DISTRIBUTION PROJECT MANAGER PROJECT ENGINEER ENGINEER CADD DESIGNER TOTAL I (%) 10 35 25 15 15 100 REMARKS
I I I I A1 Design Analysis 15% Submittal Half Size BM Prints A.2 Construction Pfans Level l Submittal A.3 I Utilities I Level ll Submittal 40 3 A.4 Permits I Level Ill Submittal 40 3 Half Size Color Plots I I A5 PostDesignSvcs. Final Submbl 6 3 0 Sheets x OSets x $0.75 per copy : ! submittal sets: 26 QAIQC & Peer Review. 10 check orints. and 4 Reconl Sets I A2 Constfuction Plans A3 Utilities s A.4 permits A.5 Post Design Svcs. A.2 Construction Plans I A.3 utilities S I A4 Permits E T j A5 PostDesign Svcs. ! PER I COPY I Full Sue Prints 0 Sheets x Sets x $2.5 per copy 8.5" x 14" Prints 0 Sheets x 9Sets x $MlasTrip per copy - 60.72 8.5"~ 11" BM Prints 50.85 8OSheets x 9 Sets X 23.89 Full Size Prints 27.74 0 Sheets x Sets x $25 percopy Travel to Site ($0.29 per mile) A.l Design Analysis ; A.1 Design Analysis 11 / A2 ConstrucWn Plans I A.2 Constfuctbn Plans : I Soft Digs x - 350.00 : 1 A.3 Utilities Permits Post Design Svcs. i A3 Utilities I I i A.4 Permits I i A.5 Post Design Svcs. 3 I Como Book i 30 ! Permit Fees Not Included -
STATE OF FLORIDA D CONSULTANT: A&P CONSULTING TRANSPORTATION ENGINEERS CORP. WPI NO.: DESCRIPTION: Sunset Harbor CONST. YR.: 2010-2011 COUNTY: MIAMI-DADE At Purdy Avenue TOTAL AVERAGE ESIMATED WORK HOURLY COST CLASSIF1CATION: $120.00 $3,360.00 PROJECT ENGINEER 35 97 $120.00 $1 1,640.00 ENGINEER 25 69 $101 .OD $6,969.00 CADD 25 69 $55.00 $3,795.00 $83.00 $1,162.00 TOTALS 100 277 1 $97.21 $26,926.00 TASK TOTALS FROM TASK LIST SHEETS DATE OF ESTIMATE: If revised estimate, give reasins for revisions: ___..._..______..__~-..-~.----.------.--....--.~-------...-----m-~.--.--.---- TOTAL CONTRACT FEE COMPUTATIONS ESTIMATOR & TITLE: NOTES: Arnelio Alfonso, P.E. Water Resources Manager % of Salary Costs (Lump Sum) FCCM !el - - - - . - . - - - - - - - . . - - - - - - - - - - - - - - - - -. . - - * -- - - - - - - - - - -- - - - - - - - - - - - - - - - -. - - - - - - ___..______________--*------.----------.-------.------------..-*------.*.---- 5. TOTAL CONTRACT AMMOUNT $27,496.30 ...................................................... "*-.--.-.....--.*..-.-- _________.____-_.._-----.-*.----.--.----------..--~ 6. TOTAL CONTRACT AMMOUNT (WITH OPTION) $27,496.30 ' ............................................................................
Sunset Harbor FINANCIAL PROJECT No.: Pump Stations Plans PUMP STATION PLANS ACTIVITY: A. SUBACTIVITY: 1. (Design Analysis) REMARKS -- 1/4/2011 CADD HOURS TOTAL HOURS 4 24 16 4 4 12 4 68 3 3 4 78 Corporation NO. OF SHEETS Engineers HOURS1 UNIT 2 12 8 2 2 12 4 4 Transportation SUBACTlVlTY 1. Design of Drainage Wells 2. Pump Selection 3. Hydraulic Modeling & Report 4. Mechanical Design 5. Electrical Design 6. Structural Design 7. Special Provisions I Specifications 8. Prepare Construction Cost Estimate 9. Traffic Control Analysis SUBACTIVITY SUBTOTAL 10 Quality Control 11. Supervision 12. Field Reviews SUBACTIVITY TOTAL TASKLIST. A01 ?/I BASISOF ESTIMATE L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. 5% 5% E A NO. OF UNITS 2 2 2 2 2 1 1 4 1 A&P Consulting
Sunset Harbor FINANCIAL PROJECT No.: Pump Stations Plans PUMP STATION PLANS ACTIVITY: A. SUBACTIVITY BASIS OF ESTIMATE 1 1. Key Sheet I Sheet 2. General Notes Sheet 4. Proposed Project Layout Sheet 1 5. Plan and Elevation I Sheet 6. Pipe Lines Plan and Profiles Sheet 7. Drainage Detaits Sheet 8. Schedule of Materials Sheet f 9. Mechanical Details 10. Structural Details 11. Electrical Plans 12. Traffic Control Notes 9. Quality Control 1 5% - Sheet Sheet Sheet Sheet 13. Traffic Control Plan SUBACTIVITY SUBTOTAL Sheet SUBACTIVITY: 2. (Construction Plans) 10. Supervision SUBACTIVITY TOTAL 5% TASKLIST. A02 Ill NO.OF HOURS1 NO. OF TOTAL CADD UNITS UNIT SHEETS HOURS HOURS A8P Consulting Transportation Engineers Corporation 114/201' REMARKS
PUMP STATION PLANS ACTIVITY: A. I ?. Prepare Permit Applications I 2. Request for Information from Permitting Agencie: 1 SUBACTIVITY TOTAl TASKLIST. A04 111 Sunset Harbor FINANCIAL PROJECT No.: Pump Stations Plans SUBACTIVITY: 4. (Permits) I 24 I I A8P Consulting Transportation Engineers Corporation 1/4/2011
PUMP STATION PLANS ACTIVITY: A. Sunset Harbor FINANCIAL PROJECT No.: Pump Stations Plans SUBACTIVITY: 5. (Post Design Services) REMARKS 1ncludes:Shop Drawings review, respond to RFI, change orders and progress meeting APCTE Engineers will be available for construction site visits not to exceed 40 hours 1/4/20 1 CADD HOURS TOTAL HOURS 2 12 16 30 Corporation NO. OF SHEETS Engineers SUBACTIVITY 1. Pre Bid Conference 2. Shop Drawings Review 3. Construction Site Visits SUBACTIVITY TOTAL TASKLIST. A05 111 BASISOF ESTIMATE E A L.S. L.S. NO.OF UNITS 1 1 1 ABP Consulting HOURS1 UNIT 2 12 16 Transportation
CITY OF MIAMI BEACH - TECHNICAL SUPPORT CONSULTANTS TASK ORDER REQUEST Sunset Harbor Pump Station 3 01 1041201 1 The purpose of this scope of services is to provide consulting engineering services to the City of Miami Beach: I- Drainage Analysis, design, plan production, permit and post design services for the retrofit of Pump Station 3 that serves the area of Sunset Harbor, located at 20" Street. Plans and Drainage Report Permits Construction Plans 6/30/2011 - -- Details attached. (Exhibit A) Permit Fees. The services identified shall be compensated in the form of a LUMP SUM OF $32,424.50. Should additional work become necessary in excess of the amount authorized, justification shall be provided and a separate letter of authorization will be required. NIA - Plans and Technical Special Provisions. Page 1 of 2
PREPARED FOR A&P CONSULTING TRANSPORTATION ENGINEERS BY: Arnelio Alfonso Jr., P.E. Name (typed or printed) Proiect Manaaer Title APPROVED FOR CITY OF MIAMI BEACH: Fernando Vazuuez, P.E. Name (typed or printed) City Enaineer Title REVIEWED FOR A&P CONSULTING TRANSPORTATION ENGINEERS BY: Carlos Gil-Mera. P.E. Name (typed or printed) Principal Title , e,jJk Signature Date \ Page 2 of 2 Signature Date
A ESTIMATE OF WORK EFFORT FOR SELECTION Sunset Harbor Pump Station 3 (20th Street1 ENmWYAEERS CONSULTANT NAME: A&p Consulting Transportation Engineers NAME: Sunset Harbor WPI NO.: AT 20th Street FDOT Job No.: and FAP No.: DATE: 12/13/2010
9 OWOSE x s6!a uos It .. . (ellu lad 6~08) 9s 0% PAW dw~ad 9z$ x slaecls o PL'LZ W!Jd WS Ilnd 68'62 61'9s x slw6 x walls 08 98'09 StU!JdMIS.I.I.XuS8 ZL'09 'sons uQsea )sod ST st!ued VV swuan E'V Sueid UOR3WSUO3 Z'V S .SMS u6lsaa $sod B.V I y!Uad 9'v sa~llnn E'V sueid uonowsuo3 n E 9 le~lwqn~ leu!> i .SOAS uE!saa %sod s.\r 1 E OP lslllwns III 1a~a1 : silwad P'V E OP ~ell!wqns 11 I sw~n E'V , le~lwqns I law : Sk suwd UWNISUO~ Z'V 1eUll"qns %SL I
STATE OF FLORIDA D CONSULTANT: A&P CONSULTING TWNSPORTATION ENGINEERS CORP. WPI NO.: DESCRIPTION: Sunset Harbor CONST. YR.: 201 0-201 1 COUNTY: MIAMI-DADE At 20th Street TOTAL AVERAGE ESIMATED WORK HOURLY COST CLASSIFICATION: PROJECT MANAGER $0 33 $120.00 $3.960.00 PROJECT ENGINEER 35 115 $120.00 $13,800.00 ENGINEER 25 82 $101 $00 $8,282.00 CADD 25 82 $55.00 $4,510.00 $83.00 $1,328.00 $97.20 $31,880.00 TASK TOTALS FROM TASK LIST SHEETS DATE OF ESTIMATE: If revised estimate, give reasins for revisions: TOTAL CONTRACT FEE COMPUTATIONS .-...-.-- "-.--..--.---.--.-..*--------.--..---.----..-..--.----------..---.-- 1. Basic Activities Fee (Salary Costs) _*_-.--_---_-___-.---------*---...-.-----.---.----------------*-------------. 2. Cost Estimates & Additives ------------------------------.----.---.------------------------------------- ESTIMATOR & TITLE: NOTES: % for Overhead (General) i?i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Amelio Alfonso, P.E. Water Resources Manager % for Overhead (Fringe) !!!. - - . - -, - - . - . - - . - - - - - - - - - - - -. -. - - - * - - - - -. - - - - - - -. - - - * - - -. - - - -. . - -. - - - - - - - -. 3. SUBTOTAL ___________________---------------------.*--.-.--..-.-------.-------------.-- % For Operating Margin % of Salary Costs (Lump Sum) FCCM if!. . - . . . . . - -. . . . - - - - - - - - - - - -. - - - - - - - - - - - - - -. - - -. . - - - - - - - - -. -. - - - - - - - - -. -. - ............................................................................. $32,424.50 .s..ro.x;-Co!mc?. AMMOVY~. -. . . -. - .. - - - - - - - - -. -. .- - -. - - - - -. - -. . . - .--------.-..------..--------------------..--..---. 6. TOTAL CONTRACT AMMOUNT (WITH OPTION) $32,424.50 ' .~..~.~...~...~...~...1--.1-.11-...1...~~.~.~.~..~.---.-~~.~~..~.....-...
Sunset Harbor FINANCIAL PROJECT No.: Pump Stations Plans PUMP STATION PLANS ACTIVITY: A. SUBACTIVITY: 1. (Design Analysis) NO.OF UNITS 2 I 1 1 1 I 1 HOURS1 UNIT 2 8 24 8 20 16 14 SUBACTIVITY 1. Design of Drainage Wells 2. Pump Selection 3. Hydraulic Modeling & Report BASIS 0 ESTIMAT NO.OF SHEETS 4. Mechanical Design 5. Electrical Design 6. Structural Design 7. Special Provisions I Specifications TOTAL HOURS 8. Prepare Construction Cost Estimate I L.S. 9. Traffic Control Analysis I L.S CADD HOURS SUBACTIVITY SUBTOTAL REMARKS 10 Quality Control 11. Supervision TASKLIST. A01 Ill ABP Consulting Transportation Engineers Corporation 1/4/20 1 1 5% 5% 12. Field Reviews SUBACTIVITY TOTAL EA
Sunset Harbor FINANCIAL PROJECT No.: Pump Stations Plans PUMP STATION PLANS ACTIVITY: A. SUBACTIVITY: 2. (Construction Plans) 3. Tabulation of Quantities and Pay Item Notes 4. Proposed Project Layout 5. Plan and Elevation 6. Pipe Lines Plan and Profiles 7. Drainage Details 8. Schedule of Materials 9. Mechanical Details 10. Structural Details 11. Electrical Plans 12. Traffic Control Notes 13. Traffic Control Pian SUBACTIVITY SUBTOTAL 9. Quality Control 10. Supervision SUBACTIVITY TOTAL TASKLIST. A02 111 Sheet Sheet Sheet Sheet Sheet Sheet Sheet Sheet Sheet Sheet Sheet 5% 5% 1 1 2 1 1 1 3 1 2 ABP Consulting 2 6 12 12 10 10 10 4 6 Transportation 1 I 2 1 1 1 3 1 2 15 Engineers 2 6 24 12 10 10 30 4 12 114 6 6 126 Corporation 1 14/20 1 1
Sunset Harbor FINANCIAL PROJECT No.: Pum~ Stations Plans PUMP STATION PLANS ACTIVITY: A. SUBACTIVITY: 3. (Utilities) CADD HOURS REMARKS 1/4/2011 NO. OF SHEETS Engineers HOURS1 UNIT 2 8 4 1 Transportation TOTAL HOURS 2 8 ------- 4 14 1 1 1 17 Corporation NO.OF UNITS 1 1 1 1 ABP Consulting BASISOF SUBACTIVITY ESTIMATE 1. Initial Contact L.S. 2. Transfer Existing Utilities to Plan/ Profile L.S. 3. Coordination with Utility Companies 4. Prepare Utility Relocation Agreements SUBACTIVITY SUBTOTAL 5. Quality Control 6. Supervision 7. Utility Meetings SUBACTIVITY TOTAL TASKLIST. A03 111 L.S. E A 5% 5% E A
' Sunset Harbor FINANCIAL PROJECT No.: Pump Stations Plans PUMP STATION PLANS ACTIVITY: A. SUBACTIVITY: 4. (Perrni ts) SUBACTIVITY TOTAL 7 TASKLIST. A04 Ill ABP Consulting Transportation Engineers 32 Corporation 1/4/2011
PUMP STATION PLANS ACTIVITY: A. SUB ACTIVITY BASIS OF ESTIMATE 1. Pre Bid Conference 2. Shop Drawings Review L.S. - -- 3. Construction Site Visits I L.S. TASKLIST. A05 Ill Sunset Harbor FINANCIAL PROJECT No.: Pump Stations Plans SUBACTIVITY: 5. (Post Design Services) NO.OF HOURS\ NO. OF TOTAL CADD REMARKS UNITS UNIT SHEETS HOURS HOURS I 12 12 1ncludes:Shop Drawings review, respond to RFI, change orders and progress meetlng 1 16 16 APCTE Engineers will be available for construction site visits not to exceed 40 hours I t I I I A&P Consulting Transpottation Engineers Corporation 1 14120 1
Sunday, January 23,2011
@
Land Surveyors
Mappers
GPS I GIs Services
Subsurface Utility Surveyors
HADONNE
Submitted to:
Attn: Mr. Arnelio Alfonso, P.E.
Senior Proiect Manager
AaP Consulting Transportation Engineers, Corp.
10305 N.W. 41St Street, Suite 115
Doral, Florida 33178
In reference to:
Surveying Services for the area outlined in the attached fEx&bl$ &AM), located in City of Miami Beach, Florida.
Dear Mr. Alfonso:
Pursuant to your request regarding a fee estimate for surveying and mapping services for the above referenced project.
HADONNE CORP (HC) is pleased to submit the following proposal for your consideration:
Section I) Scope of Services:
HC will perform a full Topographic Survey; the survey will include the following information:
All pavement, curb and gutter.
Right-of-way (ROW) and Property Lines (PL) for project area and adjacent properties.
Location of all overhead utilities, signs, manholes, catch basins, valves/valve boxes or other fixed improvements in the
project area including elevations.
Invert and grate elevations for all project area storm, sanitary manholes and catch basins.
Elevations at edge of pavement, top of curb, center of pavement and edge of ROW and/or fence line (cross sections)
every 100' at a minimum and at any visible high or low points along the road.
Additionally, provide elevations no less than 100' apart along all ROW boundaries and/or fence line up to 50' from the
edge of pavement.
Location and As-Built of all Outfalls within the project area.
Section II) Deliverables:.
HC will deliver three (3) sets of signed and sealed plans 24" x 36" at a scale no smaller than 1" / 50' and an electronic copy
of the resulting DWG file.
Section ID) Proiect area, lenbh, Size and location:
See attached (me Exhi&itNgt).
Section IV) Schedule of Fees:
Dade Boulevard 17.53% $3,856.62
Purdy Avenue 17.54% $3,859.40
20th Street 12.67% $2,786.57
18th Street 12.67% $2,786.57
AIton Road 10.42% $2,293.35
West Avenue 13.15% $2,892.46
Bay Road 16.02% $3,525.02
The Total Fees to complete the entire project shall be a lump sum of $22,000.00
Section V) Time of Completion:
HC has estimated thirtv calendar davs to complete this project.
Section VI) Year 2011 hourlv Rates (loaded hourlv rates):
Two Persons Survey Party
Two Persons Survey Party with GPS equipment
Three Persons Survey Party with GPS equipment
Three Persons Survey Party
Office Computer Drafter
Office Survey Technician
Professional Surveyor in charge (Project Surveyor)
$90.00 per Hour
$135.00 per Hour
$155.00 per Hour
$110.00 per Hour
$55.00 per Hour
$60.00 per 'Hour
$100.00 per Hour
. HADONNE 1 1985 NW 88th Court - Suite 202 Doral, FL. 33172 ph.: 305.266.1188 = fax: 305.207.6845 = www.hadonne.com = LB7097
HADONNE
HC PAGE 2 OF 2
shftsrvl-23-11.docx
Section VIQ Qualifications:
County and/or Municipality Fees are not included in this Proposal and are the Client's responsibilitv. l~ule of Law: All field and office
efforts in connection with this project will be performed in strict accordance with the applicable provisions of the "Minimum Technical
Standards for Land Surveying in the State of Florida", pursuant to Rule 61617-6 Florida Administrative Code. l~equests for service not
specifically enumerated in this Proposal will be addressed via separate response if so required and an additional charge will apply per
HC's hourly rates for calendar year 2010, which are set forth in the "Estimate Fee" section of this Proposal. l~ll survey work to be done
in U.S. feet, elevations to be reference to National Geodetic Vertical Datum of 1929 (NGVD 19291. lour ability to perform is and will be
completely influenced by the Client's ability to make the site available and to eliminate any and all conditions that may interfere with
HC's ability to furnish services, and weather conditions. IHC will require a 24 hour, prior written notice before field work can be
performed. This notice should be sent via facsimile or email to HC. l~his Proposal does not include any permit fee nor plans processing
fees assessed by the applicable government agency. bhis Proposal does not include construction inspections or certifications for
construction completion. l~orizontal control points shall be referenced to the Florida State Plane Coordinate System, North American
Datum of 1983 adjusted 1990 (NAD83190). All work to be performed in U.S. feet. bent shall be aware that GPR Technology is not
100% accurate. Depending on factors such as and not limited to: soil type, soil moisture, size of underground utility, type of
underground utility, depth of underground utilities; some utilities may not be detected by GPR. GPR will detect the presence of the
utility but not the type. the client will do its best to identify the type of utility but it may occur that some detected utility remain
unidentified. Area to be located with GPR should be clean without mayor vegetation, debris or any structure that may prevent the use of
the equipment. Cleaning, removing of debris or vegetation is not included in this proposal.
Section Wl) Pavments Terms:
Payment is due for HC's completion of each task UPON RECEIPT of HC's Invoices. Ilt is understood that this Proposal is entered into
between HC and the Client. IHC's failure to strictly enforce any provision in this Proposal shall NOT be construed as a modification or
amendment of the Proposal's terms, specifically these payment terms, unless otherwise agreed to in writing by HC. IHC'S receipt of this
Proposal, signed by Client, constitutes Client's acceptance of these terms, and HC's Standard Terms and Conditions (collectively the
"Contract"), which is attached and incorporated by reference as if fully set forth here. The Client's signature shall also constitute a notice
for HC to proceed with its Scope of Services. Iln the event HC is required to enforce any terms of the Contract, Client agrees to pay to HC
all reasonable attorneys' fees and costs incurred, whether suit is filed or not, including attorneys' fees on appeal. l~ast due payments
under this Proposal are subject to a 1.5% interest per month. l~or special consideration, the Client agrees that HC's liability for this
Project, irrespective of the cause, shall be limited to the amount of the Professional Fees Client actually pays to Client. 1~0th HC and the
Client may terminate this Proposal after ten (10) days written notice, and upon Client's payment to HC of all outstanding fees and
expenses incurred by HC through the date of such written notice.
By signing below I APPROVE AND ACCEPT this letter as a legal contract and read and agree to the payment terms as set
forth above.
By:
[Authorized Signature)
Date:
Title:
(Typed or printed name)
I thank you for this opportunity to present this proposal for your consideration and look forward to your favorable
response. In the interim, if there is anything we can do to be of service in this or any other matter, please do not hesitate
to call me directly at 305.266.1188.
Abraham H dad, PSMIPresident \
HADONNE 1 1985 NW 88" Court = Suite 202 Doral, FL. 33172 - ph.: 305.266.1188 fax: 305.207.6845 = www.hadonne.com LB7097
Sunset Harbour Survey Arnelio Alfonso, P.E. A&P Consulting Transportation Engineers 10305 N.W. 41st Street, Suite 115 Doral, Florida 331 78 PREPARED BY: Abraham Hadad (Project Baselines) Lines (PL) for project area and adjacent properties. Location of all overhead utilities, signs, manholes, catch basins, valveslvalve boxes or other fixed improvements in the project area including elevations. Invert and grate elevations for all project area storm, sanitary manholes and catch basins. Elevations at edge of pavement, top of curb, center of pavement and edge of ROW andlor fence line (cross sections) every 100' at a minimum and at any visible high or low points Additionally, provide elevations no less than 100' apart along all ROW boundaries andlor fence line up to 50' from the edge of pavement. Location and As-Built of all Outfalls within the project area.
RESOLUTIONS TO BE SUBMITTED
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and authorizing the
Mayor and City Clerk to enter into a Locally Funded Agreement with the Florida Department of Transportation for
stamped asphalt crosswalks on Harding Avenue, from 74 to 69 Streets; and the execution of a Maintenance
Memorandum of Agreement and Financial Memorandum of Agreement for the crosswalks.
Key Intended Outcome Supported:
Enhance mobility throughout the City.
Supporting Data (Surveys, Environmental Scan, etc.):
Transportation remains one of the most significant areas to address from the 2009 Community Satisfaction Survey
results (often mentioned as a Key Quality of Life Issue). 24% of residents rated traffic flow as excellent or good, and
37% as poor. 35% of residents rated the availability of pedestrian trails and bicycle pathsllanes as excellent or good,
and 30% as poor.
Issue: I Shall the Mayor and City Commission approve the Resolution? 1
Item Summary/Recommendation:
Harding Avenue, which becomes Abbott Avenue south of 72 Street, is a federal classified Principal Urban Arterial under
the jurisdiction of the Florida Department of Transportation (FDOT). Improvements along HardinglAbbott Avenue are
currently listed as Financial Project Number 41 9860-1 in the Metropolitan Planning Organization 201 1-1 5 Transportation
Improvement Plan. The project work plan for the milling and resurfacing from 75 Street to Indian Creek Drive includes
the replacement of damaged sidewalks and curb and gutters, upgrades to pedestrian ramps to comply with ADA
standards, installation of countdown pedestrian signals, and the installation of a bicycle lane from 74 to 69 Streets.
FDOT has scheduled construction to begin on April 9, 2012, with an estimated completion by December 14, 2012.
The City has requested that FDOT modify this scope of work to include stamped asphalt crosswalks in accordance with
the North Beach Town Center Master Plan. The additional cost to the project for the stamped asphalt crosswalks will be
$1 10,722 plus $1 0,066 for contingency costs and must also be provided by the City to FDOT through the execution of a
Locally Funded Agreement with FDOT. FY 200911 0 People's Transportation Plan funds previously appropriated in the
FY 201011 1 Capital Budget are available for the City's contribution for the crosswalks. Pursuant to the LFA, the City is
also required to enter into a Maintenance Memorandum of Agreement and a Financial Memorandum of Agreement with
FDOT.
THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION.
Advisory Board Recommendation:
I Financial Impact Summary:
City Clerk's Office Legislative Tracking: I Fernando Vazquez, City Engineer, x.6399
I a JMG (/ )
.I \/ I /
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the CityJ 4' mmission
FROM: Jorge M. Gonzalez, City Manager ,%
DATE: February 9, 201 1 / P'
w
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND ClTY
CLERK TO EXECUTE A LOCALLY FUNDED AGREEMENT WlTH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE CONSTRUCTION OF
STAMPED ASPHALT CROSSWALKS ON HARDING AVENUE, FROM 74 STREET
TO 69 STREET, AS PART OF THE FDOT HARDING AVENUE ROADWAY
IMPROVEMENT PROJECT (UNDER FINANCIAL PROJECT NUMBER 419860-1);
FURTHER APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
MAINTENANCE MEMORANDUM OF AGREEMENT AND A FINANCIAL
MEMORANDUM OF AGREEMENT WlTH FDOT FOR THE CROSSWALKS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
This Resolution is approving $1 10,722 plus $10,066 for contingency costs for the construction of
crosswalks along HardinglAbbott Avenue, from 74 Street to 69 Street, to be paid with FY 200911 0 PTP
Funds previously appropriated in the FY 201 011 1 Capital Budget.
ANALYSIS
Harding Avenue, which becomes Abbott Avenue south of 72 Street, is a federal classified Principal
Urban Arterial under the jurisdiction of the Florida Department of Transportation (FDOT). The Harding
Avenue corridor is a southbound one-way roadway with curb, gutter, and sidewalk on both sides of the
road running in the north-south direction. The land-uses along the corridor include a mix of residential,
commercial and recreational facilities.
Improvements along HardingIAbbott Avenue are currently listed as Financial Project Number 41 9860-1
in the Metropolitan Planning Organization 201 1-15 Transportation Improvement Plan. The project work
plan for the milling and resurfacing from 75 Street to Indian Creek Drive includes the replacement of
damaged sidewalks and curb and gutters, upgrades to pedestrian ramps to comply with ADA
standards, the installation of countdown pedestrian signals, and the installation of a bicycle lane from
74 Street to 69 Street. FDOT has scheduled construction to begin on April 9, 2012, with an estimated
completion by December 14, 2012.
The City has requested that FDOT modify this scope of work to include an upgrade from the proposed
standard crosswalk striping to a textured stamped asphalt pattern that is aesthetically appealing and
highly visible for motorists and pedestrians (see Attachment 1) and in accordance with the North Beach
Town Center Plan. The pattern will be a brick red herringbone that has been utilized on other
intersections along Harding Avenue.
Commission Memorandum - Harding Avenue Crosswalks
February 9,201 1
Page 2 of 2
The additional cost to the project for the stamped asphalt crosswalks will be $1 10,722 plus $1 0,066 for
contingency costs. This funding must be provided by the City to FDOT through the execution of a
Locally Funded Agreement (LFA) with FDOT (See Attachment 2). Pursuant to Section 2(g) of the LFA,
the City is also required to enter into a Maintenance Memorandum of Agreement and a Financial
Memorandum of Agreement with FDOT for the crosswalks only (See Attachment 3 and Attachment 4).
CONCLUSION
The Administration recommends approving the Resolution.
Attachments:
1. Textured Stamped Asphalt Crosswalks
2. Locally Funded Agreement
3. Maintenance Memorandum of Agreement
4. Financial Memorandum of Agreement
5. Site Plan for Crosswalks
T:\AGENDA\2011\2-09-1 l\Harding Crosswalks Memo 2-201 1 .doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND ClTY CLERK TO EXECUTE A LOCALLY FUNDED AGREEMENT WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE
CONSTRUCTION OF STAMPED ASPHALT CROSSWALKS ON HARDING
AVENUE, FROM 74 STREET TO 69 STREET, AS PART OF THE FDOT
HARDING AVENUE ROADWAY IMPROVEMENT PROJECT (UNDER
FINANCIAL PROJECT NUMBER 419860-1); FURTHER APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE
MEMORANDUM OF AGREEMENT AND A FINANCIAL MEMORANDUM OF
AGREEMENT WITH FDOT FOR THE CROSSWALKS.
WHEREAS, Harding Avenue is a federal classified Principal Urban Arterial under the
jurisdiction of the Florida Department of Transportation (FDOT); and
WHEREAS, improvements along Harding Avenue are currently listed as Financial Project
Number 41 9860-1 in the Metropolitan Planning Organization 201 1-1 5 Transportation
Improvement Plan; and
WHEREAS, the project work plan for the milling and resurfacing from 75 Street to Indian
Creek Drive includes the replacement of damaged sidewalks and curb and gutters, upgrades to
pedestrian ramps to comply with ADA standards, the installation of countdown pedestrian
signals, and the installation of a bicycle lane from 74 Street to 69 Street; and
WHEREAS, FDOT has scheduled construction to begin on April 9, 2012, with an estimated
completion by December 14, 2012; and
WHEREAS, the City has requested that FDOT modify the scope of work to include stamped
asphalt crosswalks on Harding Avenue, from 74 Street to 69 Street in accordance with the North
Beach Town Center Plan; and
WHEREAS, the additional cost to the project for the stamped asphalt crosswalks is
estimated to be $1 10,722 plus $10,066 for contingency costs , which will be paid for through FY
2009110 People's Transportation Plan funds previously appropriated in the FY 201011 1 Capital
Budget; and
WHEREAS, in order to proceed with the aforestated additional work, the Administration
requests approval of the Locally Funded Agreement (LFA) with FDOT, as well as two (2)
accompanying agreements: a Maintenance Memorandum of Agreement and a Financial
Memorandum of Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
and authorize the Mayor and City Clerk to execute a Locally Funded Agreement with the Florida
Department of Transportation (FDOT) for the construction of stamped asphalt crosswalks on
Harding Avenue, from 74 Street to 69 Street, as part of the FDOT Harding Avenue Roadway
Improvement Project (under Financial Project Number 419860-1); further approving and
authorizing the City Manager to execute a Maintenance Memorandum of Agreement and a
Financial Memorandum of Agreement with FDOT for the crosswalks.
PASSED AND ADOPTED this day of 201 1.
ATTEST:
CITY CLERK MAYOR
T:\AGENDA\2011\2-09-1 l\Harding Crosswalks Reso 2-201 I .doc
APPROVED AS TO
FORM & LANGUAGE
Attachment 2
LOCALLY FUNDED AGREEMENT
THIS LOCALLY FUNDED AGREEMENT (hereinafter 'Agreement') is made and entered into
this - day of , 20- between the CITY OF MIAMI BEACH, a municipal
corporation of the State of Florida, hereinafter referred to as the 'CITY', and the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION a component agency of the State of
Florida, hereinafter referred to as the 'DEPARTMENT'.
RECITALS:
WHEREAS, the DEPARTMENT has jurisdiction over and maintab State Road (S.R)
AlA/Hading AvenueIAbbott Avenue corridor within the corporate limits of the CITY; and '
WHEREAS, the CITY has requested the DEPARTMENT to install or cause to be htalled
stamped asphalt crosswalks to various intersections along S.R AIAkIarding AvenueIAbbott Avenue
fiom Indian Creek Drive to south of 75fh Street; and
WHEREAS, the DEPARTMENT has agreed to install or cause to be installed stamped
1
asphalt crosswalks to various intersections along S.R. AlAIHarding AvenuelAbbott Avenue from
Indian Creek Drive to south of 75& Street, subject to the terms and conditions detailed in this
Agreement; and
WHEREAS, the CITY shall fimd the increased costs, under Financial Project Number
419860-1152-02, associated with the installation. of the stamped aspbalt crosswalks on S.R.
AlA/Harding AvenueIAbbott Avenue, ,om Indian Creek Drive to south of 75fh Street, hereinafter
collectively called the 'PROJECT', and as detailed in the attached Exhibit "A", "Scope of Services",
which is herein incorporated by reference; and
WHEREAS, the parties are authorized to enter into this Agreement pursrnt to Sections
334.044('7) and 339.12 (2006), Florida Stafutes, and authorize its officers to do so.
Page 1 of 12
Locally FundedAgreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 419860-1-52-02
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Recitals. The Recitals to this Agreement are true and correct and are incorporated herein
by reference an@ made a part hereof.
2. General Requirements
(a) A true and correct copy of the Resolution of the CITY Commission approving this
Agreement is attached hereto as Exhibit "C", 'CITY OF MLAMI BEACH
RESOLUTION', and is incorporated herein by reference.
The DEPARTMENT will administer and construct the PROJECT in accordance with
the signed and sealed PROJECT plans and as detailed in the attached Exhibit "A",
'Scope of Services'. The DEPARTMENT will complete the PROJECT utilizing the
funds provided by the CITY.
The CITY will provide funding to the DEPARTMENT, in the aggregate amount of
ONE HUNDRED TEN THOUSAND SEVEN HUNDRED TWENTY ONE
DOLLARS AND SIXTY CENTS ($1 10,721.60), for the PROJECT, subject further to
\.,
the provisions in Section 3 of this Agreement and as outlined in the attachment Exhibit
C' $9 ' B , 'Financial Summary", which is herein incorporated by reference.
The DEPARTMENT Contractor will not commence work on the PROJECT until
CITY funding for the PROJECT is on deposit with the DEPARTMENT.
(e) Upon the receipt, authorization and encumbrance .of funding received hm the CITY
as a result of this Agreement, the DEPARTMENT Contractor will commence work on
the PROJECT.
Page 2 of 12
Local& FunakdAgreement between the City of Miami Beach - - - - - -- - - . - - -. .- . _ .. - - --...and theE1orJda: IZe~ment..of-Z2rvlspor~atian,. l?&lu~ciaIP?of ectNumber.4BdO-1.-52-02- - - - -- . - -. - - - - -- .- - . - - - -
/
3. Financial Provisions.
The CITY agrees that it will, no later than fourteen (14) calendar days after the
DEPARTMENT'S execution of this Agreement, furnish the DEPARWNT an
advance deposit in the amount of ONE HUNDRED TEN THOUSAND SEVEN
HUNDRED TWl3NTY ONE DOLLARS AND SIXTY CENTS ($1 10,721.60) for full
payment of the estimated PROJECT cost for Locally Funded Project Number 419860-
1-52-02. The advance deposit shall be the total estimated PROJECT cost plus
allowances (ten percent (10%) contingency, TEN THOUSAND SIXTY FIVE
DOLLARS AND SIXTY CENTS, $10,065.60). The DEPARTMENT may utilize this
deposit for payment of the costs of the PROJECT.
(b) . If the accepted bid amount plus allowances is in excess of the advance deposit amount,
the CITY will provide an additional deposit within fourteen (14) calendar days of
notification fiom the DEPARTMENT or prior to posting the accepted bid, whichever
is earlier, so &t the total deposit is equal to the bid amount.plus allowances. The
DEPARTMENT will notify the CITY as soon as it becomes apparent the accepted bid
amount, plus allowances, is in excess of the advance deposit amount. However,,
failue of the DEPARTMENT to so notify the CITY shall not relieve the CITY fidm
its obligation to pay for its full participation on final accounting as provided herein
below. If the CITY cannot provide the additional deposit within fourteen (14) days, a
letter must be submitted to and approved by the DEPARTMENT'S PROJECT
manager indicating when the deposit will be made. The CITY understands the request
and approval of the additiod time could delay the PROJECT, and additional costs
may be incurred due to a delay of the PROJECT.
Page 3 of 12
Locally Funded Agmement between the City @MiamiBeach - - - - - - - - . - - - .. - . - - - . - - - . - . -. - andthe.Flo&da-Dep&ment.of-Dmpoo- --- . - - - -..-.--..- - - -- - .
(c) , If accepted bid amount plus allowances is less than the advance deposit amount, the
DEPARTMENT will refund the amount that the advance deposit exceeds the bid
amount plus allowances if such rehd is requested by the CITY in writing.
(d) Should PROJECT modifications or changes to bid items occur that increase the
CITY'S share of total PROJECT costs, the CITY will be notified by the
DEPARTMENT accordingly. The CITY agrees to provide, without delay, in advance
of additional work being performed, adequate hds to ensure that cash on deposit
with the DEPARTMENT is sufficient to fully fund its share of the PROJECT. The
DEPARTMENT shall notify the CITY as soon as it becomes apparent the actual costs
will overrun the award amount. However, failwe of the DEPARTMENT to so notify
the CITY shall not relieve the CITY fkom its obligation to pay for its full participation
during the PROJECT and on final accounting as provided herein below. Funds due
fiom the CITY during the PROJECT not paid within forty (40) calendar days from the
date of the invoice are subject to an interest charge at a rate established pwsuant to
Section 55.03, Florida Statutes V.S.).
The DEPARTMENT intends to have its final and complete accounting of all costs
incurred in connection with the work performed hereunder within three hundred and
sixty (360) days of final payment to the Contractor. The DEPARTMENT considers
the PROJXCT complete when final payment has been made to the Contractor, not
when the construction work is complete. All PROJECT cost records and accounts
shall be subject to audit by a representative of the CITY for a period of three (3) years
after final close out of the PROJECT. The CITY will be notified of the final cost.
Both parties agree that in the event final accounting of total PROJECT costs pursuant
Page 4 of 12
Locally FundsdAgreement between the Civ OfMiami Beach
and the Florida_ De~artms_n~of~a.ntp~ortari~~~ci_a1B~oj~c~unbw-U986Q-L-52-D2- - --- - - - -- .- - -- ------ .-
to the terms of this agreement is less than the total deposit to date, a refund of the
excess will be made by the DEPARTMENT to the CITY. If the final accounting is
not performed within three hundred and sixty (360) days, the CITY is not relieved
from its obligation to pay.
In the event the final accounting of total PROJECT costs is greater than the total
deposits to date, the CITY will pay the additional amount within forty (40) calendar
days fiom the date of the invoice fiom the DEPARTMENT. The CITY agrees to pay
interest at a rate as establishpd pursuant to Section 55.03, Fa&, on any invoice not paid
. ,
within forty (40) calendar days until the invoice is paid.
The payment of funds under this Locally Funded Agreement will be made directly to
the DEPARTMENT for deposit and as provided in the attached ~embrand~m: of
Agreement oA) between the CITY, Department and the State of Florida,
Department of Financial Services, Division of Treasury.
I
Nothing in this Agreement shall be construed to violate the provisions of Section
339.135(6)(a), Florida Statutes, which provides as follows:
"The Department, during any fiscal year, shall not expend money, incur any liability,
or enter into any contract which, by its terms, involves the expenditure of money in
excess of the amounts budgeted as available for expenditure during such fiscal year.
Any contract, verbal or written, made in Golation of this subsection is null and void,
and no money may be paid on such contract. The Department shall require a statement
fiom the Comptroller of the Department that such funds are available prior to entering
into any such contract or other binding commitment of funds. Nothing herein
Page 5 of 12
LocaUy Funded Agreement between the Ci@ of Miami Beach
- , , , -, ., -- ,- -- - and.the~~o~i~~ep~nt~f~~~po~t~~on,Bh~ciaU!cojec~umber 419860-1-5242-. - - - -- - - - - - -
contained shall prevent the making of contracts for periods exceeding one year, but
any contract so made 'shall be executory only for the value of the services to be
rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall
be incorporated verbatim in all contracts of the Department wjlich are for an amount in
excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a
term for a period of more than one year."
4. Effective Date of this Agreement. This Agreement shall become effective upon execution
by the' CITY and the DEPARTMENT and as of tfis date set forth on page pne (1) hereof.
5. Provisions Separable. The provisions of this Agreement are independent of and separable
fiom each other, and no provision shall be affected or rendered invalid or unenforceable by
virtue of the fact that for any reason any 0th or others of them may be invalid or
unenforceable in whole or in part.
6. Amendment of Agreement. This Agreement may only be amended by mutual agreement of
the DEPARTMENT and the CITY, expressed & writing and executed and delivered by each.
, 7. Notices. All notices, requests, demands and other communications required or permitted
under this Agreement shall be in writing and shall be deemed to have been duly given, made
and received when delivered (personally, by courier service such as Federal Express, or by
other messenger) against receipt or upon actual receipt of registered or certified mail, postage
prepaid, return receipt requested, addressed as set forth.below:
If to the CITY: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33 139
Attention: Fernando Vazquez, P.E., City Engineer
Page 6 of 12
Locally FundedAgreement between the Cip of Miami Beach
,. , , , - , - -. -., - .--- -- --- - - _d.thsEII~tidrr~r!q~tm?l~@- of~ansportaY~~Einmr~cia.1.R~~e_at-Numbd~4d~84O~~-Z&~~~ - ---. -. -- - .-. --- .- - -
If to the Department: Florida Deparhnent of Transportation
1000 NW 1 1 1 Avenue, Room 6202B
Miami, Florida 33 172
Attention: Michelle L. Meaux, JPA Coordinator
Any party may alter the address to which communications or copies are to be sent by giving
notice of such change of address in conformity with the provisions of this paragraph for the
giving of notice.
8. ~ntire~~reernent. This Agreement, including its attached Exhibits, contain the sole and
entire Agreement between the parties with respect to such subject matter and supersede any
and all other prior written or oral agreements between them with respect to such subject
matter.
9. Binding Effect. This Agreement shall be binding upon the parties and their respective
representatives, successors and assigns.
10. Waiver. Waiver by either party of any breach of any provision of this Agreement shall not be
considered as or constitute a continuing waiver or a w&r of ky other breach of the same or
any other provision of this Agreement.
11.. Captions. The captions contained in this Agreement are inserted only as a matter of
convenience or reference and in no way define, limit, extend or describe the scope of this
Agreement or the intent of any of its provisions.
12. Absence of Third Party Beneficiaries. Nothing in this Agreement, express or implied, is
intended to (a) confer upon any entity or person other than the parties and their permitted
successors and assigns any rights or remedies under or by reason of this Agreement as a tbird
party beneficiary or otherwise except as specifically provided in this Agreement; or (b)
authorize anyone not a party to this Agreement to maintain an action pursmt to or based
upon this Agreement.
Page 7 of 12
Locally FundedAgreement between the Civ of Miami Beach --- n~pmtmmto~mp~dati~inoncia~~c~~60~W)~'
13. Other Documents. The parties shall take all such actions and execute all such documents
which may be reasonably necessary to carry out the purposes of this Agreement, whether or
not specifically provided for in this Agreement; provided that the parties further ~clcnowledge
that certain additional actions by the CITY may require approval by the CITY Commission,
and, to the extent such approval is required by applicable law, obtaining such approval shall
be a condition to the obligations of the CITY under this Section.
14. Governing Law. This Agreement and the interpretation of its terms shall be governed by the
laws of the State of Florida, without application of conflicts of law principles. Venue for any
judicial, administrative or other action to enforce or construe any term of this Agreement or
arising fiom or relating to qs Agreement shall lie exclusively in Miami-Datle County,
Florida.-/
Page 8 of 12
Local& Funded Agreement between the City of Miami Beach
and the Florfda Devartment of Iz.ansportation. Financial &@-2 - - 02
IN 'WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the day and year first above written, the CITY OF MIAM BEACH, signing by and through its City
Mayor, and the STATE OF FLORIDA DEPAR- OF TRANSPORTATION, signing by and
through its District Secretary, each duly authorized to execute same.
CITY OF MLAMI BEAm
BY:
CITY MAYOR
STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION:
BY:
DISTRICT SECRETARY
ATTEST: ATTEST:
(SEAL) CITY CLERK (SEAL) EXIECUTIVE SECRETARY
1
LEGAL REVIEW:
CITY ATTORNE 0
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
DISTRICT CHIEF COUNSEL
Page 9 of 12
Locally Funa'edAgreement between the City ofMiami Beach
~&.Eh&kDepa~'~f~rnpo&atio~Prnj&~7
EXHDBIT 'A'
SCOPE OF SERVICES
The PROJECT work consists of constructing pedestrian improvements consisth~ of stamped asphalt
crosswalks installations at various intersections along S.R. A1 AIHarding AvenuelAbbott Avenue
from Indian Creek Drive to south of 75" Street in the CITY.
The DEPARTMENT will be installing stamped asphalt crosswalks at the following intersections:
Abbott Avenue: - 69& Street (west, east and north legs)
- 72"d Street (all four legs)
Harding: Avenue: - 73rd Street (all four legs) - 74& Street (all four legs)
PROJECT LIMITS: S.R. AlAIHarding AvenueIAbbott Avenue from Indian Creek Drive to
south of 7sth Street
DEPARTMENT Financial Project Number: 419860-1-52-02
COUNTY: Miami-Dade
DEPARTMENT Project Manager: Ana Arvelo, P.E. 305-470-5210
CITY Project Manager: Fernando Vazquez, P.E., City Engineer 786-367-8968
Page 10 of 12
Locally FsrndsdAgreement between the City OfMiami Beach
lAo&~h~U7
EXHIBIT 'B'
FINANCIAL SUMMARY
The DEPARTMENT'S Work Program allocates the following funding, programmed under Financial
Project Number 419860-1-52-02, for PROJECT completion:
Fiscal Year:
201 1/2012
Amount:
$1 10,721.60
Fund Me:
Local Funds (LF)
CITY OF MIAMI BEACH FINANCIAL TUESPONSIBILITY: $ 110.721.60
Incorporated herein by reference is Exhibit "Bl", cost estimate.
,
Pagellof 12
Locally FundedAgreement between the Cfv OfMiami Beach
and the Florida Department of Transportation, Financial Proiect Number 419860-1-52-02
. EXHIB'IT 'C'
CITY OF &lIAMI BEACH RESOLUTION
To be attached hereto and incorporated herein once ratified by the CITY Commission.
Page 12 of 12
Local& FundedAgreernent between the City of Miami Beach
and the FIorida Devarmrent of Tram~ortation, Financial Prqiect Number 4198$0-2-52-02
I
Attachment 3
FLORIDA DEPARTMENT OF TRANSPORTATION
SPECIALTY SURFACE CROSSWALKS
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH
CITY OF MIAMI BEACH
This AGREEMENT, entered into this day of I
20-, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, ,a
component agency of the State of Florida, hereinafter called the
DEPARwI and the CITY OF MIAMI BEACH, a municipal corporation of
the State of Florida, hereinafter called the CITY.
RECITALS :
WHEREAS, the DEPARTMENT has jurisdiction over State Road
(S.R.) ~lA/~arding Avenue/Abbott Avenue from Indian Creek Drive
(M.P. 2.463) to south of 75th Street (M.P. 1.915), within the limits
of the CITY, as part of the State of Florida Highway System; and
WHEREAS, the DEPARTMENT is installing specialty surface
(stamped asphalt) crosswalks on S.R. AlA/Harding Avenue/Abbott
Avenue from Indian Creek Drive to south of 75th Street, in
accordance with DEPARTMENT Contract # T-6235 the limits of which,
hereinafter PROJECT LIMITSI are described in the attached Exhibit
"A", which by reference hereto shall become a part hereof; and
WHEREAS, the DEPARTMEWT and the CITY are both committed to
improving the aesthetics within the PROJECT LIMITS; and
WHEREAS, the CITY has requested that the DEPARTMENT install ,.
specialty surface crosswalks, within the PROJECT LIMITS, and the
DEPARTMENT is willing to do so subject to the terms and conditions
contained herein; and
WHEREAS, the CITYI by Resolution No. , dated
, attached hereto as Exhibit "B", which by reference
hereto shall become a part hereof, desires to enter into this
AGREEMENT and authorizes its officers to do so.
NOWI THEREFORE, for and in consideration of the mutual
benefits to flow each to the other, the parties covenant and agree
Specially Surface Crosswalks
Maintenance Memorandum of Agreemeat between Florida Dcparkneat of Transportation and City of Miami Beach
Page 1 of9 .
as follows:
1. DEPARTMENT RESPONSIBILITIES
1.1. Assf gnment
The DEPARTMENT and the CITY agree that, by executing this
ADREEXEZUT, all maintenance responsibilities pertaining to
the specialty surface crosswalks installed by DEPAR-
within the PROJECT LIMITS, pursuant to this AGREEMENT,
will be assigned to the CLTY in perpetuity.
The CITY shall be solely responsible for the maintenance and
preservation of the specialty surface crosswalks within the
PROJECT LIMITS.
2.1. Maintain and make repairs to the crosswalk specialty
surfaces to prevent safety hazards for those using or
intending to use the pedestrian crossings.
2.2. On an annual basis, the area of each crosswalk in the
outside traffic lane shall be tested for friction
resistance in accordance-with ASTM E 274-06. Friction
resistance shall be no less than 30 FN.QOR or equivalent
as specified in Exhibit 'Aff, Table 1. Failure to
achieve minimum friction resistance.shal1 require all
lanes of the crosswalk to be friction, tested to
determine the extent of the deficiency. All deficient
areas shall be removed to their full extent (lane-by-
lane) and replaced with the same product installed
initially. If more than fifty percent (50%) of the
lanes in the intersection require replacement, the
entire intersection installation may be reconstructed
with a different product on the Qualified Products
List.
2.3. The CITY shall conduct annual condition surveys of the
specialty surfaces for rutting, rave;ling, pot holes,
delamination and cracking for the life of the adjacent
pavement.
Specialty Surface Chosswslks
Maintenance Memorandum of Agmmnt betweah Florida Department of Trensporkgion and City of Miami Beach
Page 2 of 9
a) Unless the pavement adjacent to the crosswalk is
also deficient in rutting, rutting depth of the
. stamped asphalt shall not exceed 0.25 inches.
Remedial work shall include the full depth removal
of the specialty surface across the full width of
the lane and crosswalk.
b) Unless the pavement in the intersection is showing
uniform raveling deficiencies, raveling, potholes
or delamination of the pavement shall not exceed
0.25 inches in depth or more than 25 square inches
in area. Remedial work shall include the patching
of the stamped asphalt in accordance with the
manufacturer's instructions.
c) Unless pavement adjacent in the intersection is
deficient in cracking criteria, cracking width of
the stamped asphalt shall not exceed 1/8 inches for
more than 10' in any lane of the crosswlk.
Remedial work shall include as a minimum, the full
depth removal of the specialty surface along the
complete length of the crack (s) and for the width
recommended by the manufacturer.
2.4. The results of all friction tests and condition surveys
shall be sent to the District Maintenance Office's
Warranty Coordinator with a cover letter either
certifying that the crosswalks comply with the above
stated requirements, or what remedial action will be
taken to restore the friction and/or integrity of
the crosswalk area.
2.5. When remedial action is required in accordance with the
above requirements, the CITY at its own expense shall
complete all necessary repairs within ninety (90) days
of the date the deficiency is identified.
2.6. No more than two (2) full specialty surface repairs
shall be made to an area without first resurfacing the
pavement to its full depth.
2.7. Sweep the specialty surfaces on crosswalks periodically
specialty Surface aosswalks
Maimtcnance Mm,mrandum of Agreement between Florida Department of Transportation and City of Miami Beach
I Page 3 of 9
to keep them free of debris and to maintain an
aesthetically pleasing condition. A light pressure
washing may be necessary for heavy stain removal or
cleaning. ,.
2.8. For any routine repairs or replacement due to
noticeable color scarring or surface deterioration of
the specialty surfaces, the product authorized
installer should be contacted.
This AGRZ- may be amended in writing if mutually agreed to
by both parties.
MAINTENANCE DEFICIENCIES
If, at any time while the terms of this AGREEBdENT are in
effect, it shall come to the attention of the DEPAR~~ENT'B
DISTRICT MAINTENANCE ENGINEER that the CITY'S responsibility
as established herein or a part thereof is not being properly
accomplished pursuant to the terms of this ADREEMENT, said
DISTRICT MAINTENANCE ENGINEER may, at his option, issue a
written notice, in care of the CITY WAGER, to place the CITY
on notice regarding its maintenance deficiencies. Thereafter,
the CITY shall have a period of ninety (90) days within which
to correct the cited deficiency or deficiencies. If said
deficiencies are not corrected within this time period, the
DEPARTMENT may, at its option, proceed as follows:
4.1.Maintain the specialty surface crosswalks declared
deficient with DEPARTMENT and/or its independent
contractor's materials, equipment and personnel. The
actual cost for such work will be charged to the CITY.
4.2.The DEPARTMENT reserves the right to replace the
specialty surface with conventional pavement kind bill the
CITY for this cost.
5. NOTICES
All notices, requests, demands, consents, approvals, and other
specialty SurfaccCrosswalks
Maintmanw Memorandum of Agnement betwean Florida Depmlment of Transportation and City of Miami Btach
Page 4 of 9
commun.ication which are required to -.be served or given
hereunder, shall be in writing and shall be sent by registered
' mail or certified U.S. mail, return receipt requested, postage
prepaid, addressed to the party to. receive such notices as
follows :
To the DEPARTME3TT: Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6205 .
Miami, Florida 33172-5800
Attention: District Maintenance Engineer
To the CITY: City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attention: City Manager
6. SPECIALTY SURFACE CROSSWALKS INSTALLATION
6.1. It is understood between the parties hereto that the
specialty' surface crosswalks covered by this AGREENENT
may be removed at any time in the future, as found
necessary by the DEPART1)6EMT, in order that the adjacent
state road be widened, altered or otherwise changed and
maintained to meet with future criteria or planning of
the DEPARTMENT. All costs associated with such activities
will be solely at the eqense of the DEPARTMENT.
7. TERMINATION
This AGWFXENT is subject to termination under any one of the
following conditions:
7.1. In accordance with Section 287.058 (1) (c) , Florida
Statutes, the DEPARTMENT shall reserve the right to
unilaterally cancel this AGREEMENT if the CITY refuses to
allow public access to any or all documents, papers,
letters, or other materials made or received by the CITY
pertinent to this AGREEMBNT which are subject to
provisions of Chapter 119, of the Florida Statutes.
Specialty Snrface Crosswalks
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 5 of 9
7.2.Only if mutually agreed to by both parties with a six (6)
, month written notice.
8.1.The term of this AGREEMENT shall only commence upon
execution by all parties and after the CI& receives the
Notice To Proceed letter from the DEPARTMENT. This
AGREEMENT ' shall continue in perpetuity or until
termination as set forth in Section 7.
I 8.2. This writing embodies the entire AGmEMEMT and
understanding between the parties hereto and there are
not other agreements and understanding, oral or written,
with reference to the subject matter hereof that are not
merged herein.
8.3.This AGREEMENT is nontransferable and nonassignable in
whole or in part without the prior written consent of the
DEPARTMENT.
8.4. This AGREEWENT, regardless of where executed, shall be
governed by and constructed in a,ccordance with the laws
of the-State of Florida.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.' ,
CITY OF MIAMI BEACH: .
BY :
City Manager
ATTEST :
City Clerk
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
BY :
District Secretary
ATTEST :
Executive Secretary
APPROVED AS TO
FORM & LANGUAGE Specialty ~urfa~e (hsmab
& FGfi wrandum of Agreement between Ploridn Dapartment of Transportation and City of.Miami Beach
Page 6 of 9
LEGAL REVIEW:
BY :
District Chief Counsel .
EXHIBIT "A"
PROJECT LIMITS
Below are the limits of the specialty surface crosswalks to be
maintained under this AGREW6ENT.
State Road Number: AlA/Harding Avenue/Abbott Avenue
Agreement Limits: From Indian Creek Drive (M.P. 2.463) to south of
75th Street (M.P. 1.915)
County: Mimi -Dade
I
Below are the intersections of the specialty surface crosswalks:
Abbott Avenue:
6gth Street (west, east and north legs of intersection)
' 72* Street (all four legs)
Harding Avenue:,
73rd Street (all four legs)
74th Street (all four legs)
Specially Surface Chmwab
Maintenance Memorandum of Ageernat between Florida Department of Tramporbtion and City of Miami Bmoh
Page 7 of 9
Table 1: Friction Number Conversions for Test Speeds Other Than
40 mph
Specialty Surfact ~~
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beaoh
Page 8 of 9
To Convert to
40 mph
Results
Add 1
Add 2
Add 3
50 mph Test
Speed
FN Results
e26
26 to 42
43 to 60
30 mph Test
Speed .
FN Results
c29
29 to 47
48 to 67
To Convert to
40 mph
Results
Subtract 1
Subtract 2
Subtract 3
EXHIBIT -B"
czm OF MIAMI BEACH RESOLUTION
To be herein incorporated once ratified by the CITY Board of
Commissioners.
Specialty Surface Crosswalks
Maintenance Memorandum of Agreement between Florida Depattment of Trausportation and Ciiy of Miami Beach
Page 9 of 9
. .
Attachment 4
MEMORANDUM OF AGREEMENT.
I
THIS AGREEMENT, made and entered into this , day of 1 20-
by and between the State of Florida, Department of Transportation, hereinafter referred
to as "FDOT" and the State of Florida, Department of Financial Services, Division of
Treasury and the City of Miami Beach hereinafter referred to as the "Participant".
WITNESSETH
WHEREAS, "FDOT" is currently constructing the following project:
Financial Project Number: 419860-1-52-02
County: Miami-Dade County
hereinafter referred to as the "~roject".
WHEREAS, FDOT and ..the Participant entered into a Locally Funded
Agreement dated , wherein DOT agreed to perform certain work
on behalf of the Participant in conjunction with the Project.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in
the best interest of the FDOT and the Participant to establish an interest bearing escrow
account to provide funds for the work performed on the Project on behalf of the
Participant by the FDOT,
NOW THEREFORE, in consideration of the premises and the covenants contained
herein, the parties agree - to the following:
1 An initial deposit in the amount of $110,721.60 (One Hundred Ten
Thousand Seven Hundred Twenty One Dollars and Sixty Cents) will be made by the
Participant into an interest bearing escrow account established by the FDOT for the
purposes of the project. Said escrow account will be opened with the Department of
Financial Services, Division of Treasury, Bureau of Collateral Management on behalf of
the FDOT upon receipt of this Memorandum of Agreement. Such account will be ah
asset of FDOT.
2. Other deposits will be made only by the Participant as necessary to cover
the cost of additional work prior to the execution of any Supplemental Agreements.
3. All deposits shall be made payable to then
Services. Revenue Processing and mailed to the FDOT OfTice of Comptroller for
appropriate processing at the following address:
Florida Department of Transportation
OOC-GOA, LFA Section
605 Suwannee Street, MS 428
' Tallahassee, Florida 32399
4. The FDOT's Comptroller and/or her designees shall be the sole signatories
on the escrow account with the Department of Financial Services and shall have sole
authority to authorize withdrawals from said account.
5. Unless instructed otherwise by the parties hereto, all interest accumulated
in the escrow account shall remain in the account for the purposes of the project as
defined in the LFA.
6. The Department of Financial Services agrees to provide written
confirmation of receipt of funds to the FDOT.
7. . The Department of Financial Services further agrees to provide periodic
reports to' the FDOT. . -.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
9, :\- 934? RC, ate
Y " nOmeBb
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES .
DIVISION OF TREASURY
PARTICIPANT SIGNATURE
PARTICIPANT NAME & TITLE
PARTICIPANT ADDRESS
FEDERAL EMPLOYER I.D. NUMBER
Attachment 5
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving an amendment to the FY 200912010 HOME Program Agreement between the City and Miami Beach Community
Development Corporation to re-allocate $223,786 from the Meridian Place Apartments project, located at 530 Meridian Avenue, and
$200,000 from the Barclay Apartments project, located at 1940 Park Avenue, for a total of $423,786, to the Allen House Apartments
project, located at 2001 Washington Avenue, subject to the completion of an underwriting review.
Key Intended Outcome Supported:
Increase access to workforce or affordable housing.
Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2009 Customer Satisfaction Survey, 17.5% of businesses feel
that lack of workforce housing is one of their most important challenges.
Issue:
I Shall the Citv re-allocate affordable housing funds from the Meridian Place and the Barclav proiects to the Allen House ~roiect? I
Item SummarvlRecommendation:
On July 15, 2009, the City Commission adopted Resolution No. 2009-27116 approving the FY 200912010 Annual Action Plan. FY
200912010 HOMEICHDO funds in the amount of $1,073,786 were allocated to MBCDC to fill existing proiect funding gaps in affordable
housing projects currently under development. Two (2) projects were identified as priority projects. The first was ~esdian Place, located
at 530 Meridian Avenue, originally a 70-unit transient hotel building, which has been redesigned as a 34-unit affordable rental housing
building for formerly homeless elderly residents. The second project identified was the London House Apartments, located at 19651 975
Washington Avenue, a 55-unit rental apartment building, which is being redesigned as 33 units of workforce housing, including one, two,
and three-bedroom apartments.
Prior to the execution of a contract for the funds between the City and MBCDC, a project with a funding gap that presented a higher
priority was identified. That project is the Neptune Apartments, a 16-unit apartment project, located at 1632 Meridian Avenue purchased
with NSPI funds and under a tight expenditure and implementation timeline. As a result a Contract Agreement with MBCDC was
executed (March 29, 2010) allocating $650,000 to the Neptune Apartments for renovations, and $423,786 to Meridian Place.
Subsequent to the execution of the original contract, a fourth priority project was identified. That project is the Barclay Apartments, a 66-
unit occupied apartment located at 1940 Park Avenue. Therefore, a first contract amendment to the Agreement was drawn up and
executed (May 20, 2010) re-allocating and reducing the funding for Meridian Place from $423,786 to $223,786; and the balance,
$200,000, to the Barclay Apartments.
While all three projects are currently under development, based on the current project status of the Allen, MBCDC is requesting re-
allocation of the entire $423,786 from Meridian Place and the Barclay Apartments to the Allen House Apartments. This will fill 100% of
the funding gap needed to complete this project and make these units available to eligible low income persons. MBCDC has identified
alternative funding sources for the Meridian and Barclay projects.
Advisory Board Recommendation:
I I
Financial Information:
City Clerk's Office Legislative Tracking: I Anna Parekh x:7260
Source of
Funds: -
OBPl
kGiEMDA ITEM
DATE $+-/(
Total
I
Financial Impact Summary: NIA
Amount Account
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 Manage
DATE: February 9,201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl
BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE FY 200912010 HOME
PROGRAM AGREEMENT BETWEEN THE ClTY OF MlAMl BEACH AND THE MlAMl
BEACH COMMUNITY DEVELOPMENT CORPORATION TO RE-ALLOCATE $223,786
FROM THE MERIDIAN PLACE APARTMENTS PROJECT, LOCATED AT 530 MERIDIAN
AVENUE, AND $200,000 FROM THE BARCLAY APARTMENTS PROJECT, LOCATED AT
1940 PARK AVENUE, FOR A TOTAL OF $423,786, TO THE ALLEN HOUSE
APARTMENTS PROJECT, LOCATED AT 2001 WASHINGTON AVENUE; SUBJECT TO
THE COMPLETION OF AN UNDERWRITING REVIEW.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City of Miami Beach is a HUD-designated entitlement city and receives funding as determined
by a statutory formula based on the decennial census information. There are several objective
measures that are used in this calculation, including population growth lag, age of housing stock,
housing overcrowding, and extent of poverty. The City of Miami Beach has been a Community
Development Block Grant (CDBG) entitlement city since 1975. The HOME Program, also funded by
HUD, was started in 1992 to provide funding specifically for affordable housing. HUD allocates these
funds to strengthen publiclprivate partnerships and to expand the supply of decent, safe, sanitary,
and affordable housing for very low- income families.
As an entitlement city, the City of Miami Beach qualifies for an annual allocation of federal funding
under these HUD programs. The uses of the annual HUD allocation of funds to the City are outlined
in the One-Year Action Plan, which is a component of the Five-Year Consolidated Plan. HOME funds
have been used for affordable rental housing activities and first time homeownership opportunities.
For FY 200912010, HUD allocated $1,263,276 in HOME Program funds to the City of Miami Beach.
The City is required to set aside a minimum of 15% of its HOME allocation to a qualified Community
Housing Development Organization (CHDO), but is allowed to set aside more. HOME funds are
primarily allocated to the City's only certified CHDO, Miami Beach Community Development
Corporation (MBCDC), for eligible activities such as acquisition and rehabilitation of multi-unit
residential properties for low and moderate-income individuals, families and seniors. HOME funds
also provide allowable administrative funds for the CHDO, as well as overall program administration
funding for the City's Housing and Community Development staff.
Commission Memorandum
HOME transfer to the Allen
February 9, 201 1
Page 2 of 2
On July 15, 2009, the City Commission adopted Resolution No. 2009-27116 approving the FY
200912010 Annual Action Plan. Fiscal Year 200912010 HOMEICHDO funds in the amount of
$1,073,786 were allocated to MBCDC to fill existing project funding gaps in affordable housing
projects currently under development. While the projects to receive the funding were not identified
specifically in the Action Plan filed with HUD, at the time of approval by Commission, two (2) projects
were identified as priority projects for this funding. The first was Meridian Place, located at 530
Meridian Avenue, originally a 70-unit transient hotel building which has been redesigned as a 34-unit
affordable rental housing building for formerly homeless elderly residents. The second project
identified was the London House Apartments, located at 1965-1 975 Washington Avenue, a 55-unit
rental apartment building, which is being redesigned as 33 units of workforce housing, including one,
two, and three-bedroom apartments.
However, prior to the execution of a contract for the funds between the City and MBCDC, a project
with a funding gap that presented a higher priority was identified. That project was the Neptune
Apartments, a 16-unit apartment project, located at 1632 Meridian Avenue, purchased with NSPl
funds and under a tight expenditure and implementation timeline. A Contract Agreement with
MBCDC was executed (March 29, 2010) allocating $650,000 to the Neptune Apartments for
renovations, and $423,786 to Meridian Place.
Subsequent to the execution of the original contract, a fourth priority project was identified. That
project is the Barclay Apartments, a 66-unit occupied apartment located at 1940 Park Avenue.
Therefore, a first contract amendment to the Agreement was drawn up and executed (May 20, 2010)
re-allocating and reducing the funding for Meridian Place from $423,786 to $223,786; and the
balance, $200,000, to the Barclay Apartments.
Based on construction delays and increased project expenses, MBCDC is requesting re-allocation of
the entire $423,786 from Meridian Place and the Barclay Apartments to the Allen House Apartments.
MBCDC reports the Allen House project as having a funding gap in order to reach completion, which
can occur as early as February, 201 1.
The Allen House Apartments project has been in progress for approximately three years. Per the
request of MBCDC, costs have escalated due to change orders resulting from the permitting
process. Such changes included: changes to the fire alarm system, fire sprinkler system, fire walls,
electrical system, HVAC system, plumbing systems, roofing, and certain finishes related to the
flooring and walls. Additionally, there were unanticipated costs associated with the cost of providing
payment and performance bonds, and also the administrative costs of managing the project for three
years instead of the originally estimated twelve-to-eighteen months.
Given the extended construction timeframe and the increased costs, a project underwriting review
will be updated prior to and in support of this funding request.
CONCLUSION
Administration agrees with MBCDC in its assessment of the priority of the Allen House Apartments
project. Therefore, it is recommended that the Mayor and City Commission approve the attached
resolution.
T:\AgendaY2011\2-9-201 I\HOME transfer to the Allen Comrn. Memo
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MlAMl BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE
FISCAL YEAR 200912010 HOME PROGRAM AGREEMENT BETWEEN THE ClTY
OF MlAMl BEACH AND THE MlAMl BEACH COMMUNITY DEVELOPMENT
CORPORATION TO RE-ALLOCATE $223,786 FROM THE MERIDIAN PLACE
APARTMENTS PROJECT, LOCATED AT 530 MERIDIAN AVENUE, AND $200,000
FROM THE BARCLAY APARTMENTS PROJECT, LOCATED AT 1940 PARK
AVENUE, FOR A TOTAL OF $423,786, TO THE ALLEN HOUSE APARTMENTS
PROJECT, LOCATED AT 2001 WASHINGTON AVENUE, SUBJECT TO THE
COMPLETION OF AN UNDERWRITING REVIEW.
WHEREAS, the City is an entitlement recipient of Community Development Block Grant
(CDBG) funds, and HOME Investment Partnerships (HOME) funds; and
WHEREAS, the City expects to continue to receive entitlement funds from these grant
programs to operate the City's housing and community development activities; and
WHEREAS, the City is required to set-aside a minimum of fifteen percent (1 5%) of its HOME
funds allocation to a qualified Community Housing Development Organization (CHDO), but is
allowed to set-aside more; and
WHEREAS, Fiscal Year 2009-2010 HOME funds in the amount of $1,073,786 were
allocated to the City's certified CHDO, Miami Beach Community Development Corporation
(MBCDC), for eligible activities, such as acquisition and rehabilitation of multi-unit residential
properties for low and moderate-income persons, families, and seniors; and
WHEREAS, on March 29, 2010, the City and MBCDC entered into a HOME Program
Agreement whereby the City agreed to provide a grant in the amount of $1,073,786 for specific
affordable housing projects; and
WHEREAS, on May 20,2010, the City and MBCDC entered into a First Amendment to said
HOME Program Agreement, identifying different project priorities and re-allocating project specific
funding; and
WHEREAS, the City and MBCDC now wish to enter into a Second Amendment to the HOME
Program Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClTY COMMISSION
OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
a Second Amendment to the Fiscal Year 20091201 0 HOME Program Agreement between the City of
Miami Beach and the Miami Beach Community Development Corporation to re-allocate $223,786
from the Meridian Place Apartments Project, located at 530 Meridian Avenue, and $200,000 from
the Barclay Apartments Project, located at 1940 Park Avenue, for a total of $423,786, to the Allen
House Apartments Project, located at 2001 Washington Avenue, subject to the completion of an
underwriting review.
PASSED and ADOPTED this day of , 2011.
ATTEST:
ClTY CLERK
ROBERT PARCHER
MAYOR
MATTI HERRERA BOWER
APPROVED AS TO
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution approving the extension of hours for certain alcoholic beverage establishments with 5:00 a.m. liquor license
and under certain specified conditions pursuant to Section 6 of the City Code for Winter Party (March 5 & 6, 201 1) and
White Party (November 26 & 27,201 1) weekends.
Key Intended Outcome Supported: I Make City more business friendly? I
Issue:
Shall the Mayor and City Commission approve the extension of hours for the sale of alcohol at alcoholic beverage
establishments with 5:OOam liquor licenses pursuant to Section 6 fo the City Code during Winter Party and White Party.
Item SummarylRecommendation:
This item was referred to the Land Use and Development Committee by Mayor Bower, on behalf of the GLBT Committee,
at the September 15, 2010, City Commission Meeting. Since 2000, the City Commission has been allowing alcoholic
beverage establishments that hold 5:00 a.m. occupational licenses to extend their hours of operation to 7 a.m. during
holiday or major event weekend; most commonly approved for New Year's Day and, since 2007, during Winter Music
Conference. There have also been times when hours were extended for Thanksgiving Weekend and Sleepless Night.
This has been done each time by resolution imposing certain conditions. As provided for in City Code, the City Manager
1 may suspend the extension at any time to protect public safety, health or welfare.
In 2007, via Ordinance No. 2007-3556, the Commission amended Chapter 6 of the City Code entitled Alcoholic Beverages,
to permit alcoholic beverage establishments which hold 5:00 a.m. occupational licenses to extend their hours of operation
to 7 a.m. on New Year's Day without further action required of the Commission. The amendment also included language in
the ordinance providing a mechanism for an extension of hours on other days to be considered and subsequently
submitted for the Commission's consideration and approval via a resolution. A request for the extension of hours may be
placed on the agenda by the City Manager or a Commissioner, for the Commissions' consideration. Hours were most
recently extended during Winter Music Conference 2010, which coincided with Spring Break. As you know, this City
experienced a significant influx of visitors during that period of time which created many quality of life challenges.
Pursuant to Section 6-3 Subsection 7 of the City Code, the City Commission may approve additional major event days or
weekends to allow alcoholic beverage establishments that hold 5:00 a.m. occupational licenses to extend their hours of
operation to 7 a.m. The City's Major Events Plan and Special Event Guidelines already designate White Party and Winter
Party as "major event periods." Therefore, these events are eligible for the extension of hours subject to the conditions
established in the City Code. Please note that if extension is granted by the City Commission for White Party and Winter
Party, then it will apply to ALL alcoholic beverage establishments in the City (meeting the criteria under the Ordinance) and
NOT just those establishments catering to a GLBT clientele). Although the GLBT Committee requested the extension of
hours during four events, LUDC recommended only two and only for this year.
Advisory Board Recommendation:
[ The Land Use and Development Committee considered this matter at its October 25,2010 meeting and unanimously ( I passed a motion recommending the extension of hours only for the White Party and Winter Party.
Financial Information:
I overtime staffing to ensure the provisions of the ordinance are appropriately followed. At this time, it is difficult to fully I
-
OBPl
I determine whatthat cost will be: I
Approved
I 1
Total I
City Clerk's Office Legislative Tracking: I Max Sklar, ext. 61 16
Source of Funds:
Financial Impact Summary: Any fiscal impact from the approval of the extension of hours for nightclubs during
additional periods will likely require the Police Department, Code Compliance Division and the Sanitation Division to incur
AM1 BEACH
Amount
1
AGENDA irrr C7.T
DATE 2-q-11
Account
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: February 9, 201 1
SUBJECT: A RESOLUTION OF THE MAYOR AN MMlSSlON OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING THE EXTENSION OF HOURS FOR CERTAIN ALCOHOLIC
BEVERAGE ESTABLISHMENTS WITH A 500 A.M. LIQUOR LICENSE AND UNDER
CERATIN SPECIFIED CONDITIONS PURSUANT TO SECTION 6 OF THE CITY CODE FOR
WINTER PARTY (MARCH 5 & 6,201 1) AND WHITE PARTY (NOVEMBER 26 & 27,201 1)
WEEKENDS.
ADMINISTRATION RECOMMENDATION:
Pursuant to the direction of the Land Use and Development Committee, the Administration recommends
adopting the resolution.
BACKGROUND
This item was referred to the Land Use and Development Committee by Mayor Bower, at the request of the
GLBT Committee, at the September 15,201 0 City Commission Meeting. A copy of the referral is provided for
your reference (Attachment A).
Since 2000, the City Commission has been allowing alcoholic beverage establishments that hold 500 a.m.
occupational licenses to extend their hours of operation to 7 a.m. during holiday or major event weekend; most
commonly approved for New Year's Day and, since 2007 during Winter Music Conference. There have also
been times when hours were extended for Thanksgiving Weekend and Sleepless Night.
This has been done each time by resolution imposing certain conditions. These conditions include:
1. the Police Department and the Code Compliance Division of the City must be notified by letter,
received no later than fifteen (15) business days prior to either a) January 1'' or b) the day on
which the alcohol sales art to be extended, stating that the alcoholic beverage establishment
intends to serve alcoholic beverages for on-premises consumption until 7:00 a.m.;
2. If deemed reasonable necessary by the Police Chief, or the Police Chiefs Designee, off-duty
police officers must be provided at the alcoholic beverage establishment until 7:00 a.m.;
3. There are no pending City Code violations against the alcoholic beverage establishment;
4. No delinquent or past due monies are owed to the City;
5. Outdoor entertainment or open-air entertainment is not allowed;
6. No violation of the City's noise ordinance shall be permitted;
7. No violation of the approved fire code occupancy load shall be permitted;
8. All required City permits and licenses are current;
9. The State of Florida alcoholic beverage license is current; and
10. Any other conditions required by the City Manager in order to protect the public health, safety or
welfare.
The City Manager may suspend the extension at any time to protect the public safety, health or welfare.
Page 2 of 2
Extension of Hours
City Commission Meeting
February 9,201 1
In 2007, via Ordinance No. 2007-3556, the Commission amended Chapter 6 of the City Code entitled
Alcoholic Beverages, to permit alcoholic beverage establishments which hold 5:00 a.m. occupational licenses
to extend their hours of operation to 7 a.m. on New Year's Day without requiring further Commission action.
The amendment also included language in the ordinance providing a mechanism for an extension of hours to
be considered and subsequently submitted for the Commission's consideration and approval via a resolution.
A request for the extension of hours may be placed on the agenda by the City Manager or a Commissioner, for
the Commissions' consideration. Hours were most recently extended during Winter Music Conference 201 0,
which coincided with Spring Break. As you know, this City experienced a significant influx of visitors during that
period of time which created many quality of life challenges.
It is important to keep in mind that any time hours of on-premises alcohol service are extended it creates a
need for increased policing and the potential exists for other quality of life concerns. The Police Department
conducted a preliminary analysis of call volume for days when hours were extended compared to normal day
when clubs closed at 5:00 a.m., which shows there was more than double the number of calls on those days.
Twenty-three percent of those additional calls for service occurred after 5:00 a.m. The extension of hours
occurs during peak periods of time so it is difficult to pinpoint exactly what causes the increase in calls for
service. However, it is fair to say that the extension of hours is a contributing factor.
ANALYSIS
The Land Use and Development Committee considered this matter at its October 25,201 0 meeting. While the
GLBT Committee requested the extension of hours for four event periods (White Party, Pride, Aqua Girl and
Winter Party), the Committee recommended the extension for only two periods (White Party and Winter Party);
only on Friday and Saturday nights of those respective weekends; and only for this year (to assess impacts). A
copy of the Committee minutes is provided for your reference (Attachment B). The Committee was also
concerned with the necessity to enhance staffing levels, specifically Police, Code Compliance and Sanitation,
when extending hours for these events and asked staff to determine if there is a need to charge venues for the
increased staffing requirements. Staff was directed to analyze this in 201 1 and present it to the Committee
when considering similar future requests.
Pursuant to Section 6-3 Subsection 7 of the City Code, the City Commission may approve additional major
event days or weekends to allow alcoholic beverage establishments that hold 5:00 a.m. occupational licenses
to extend their hours of operation to 7 a.m. The City's Major Events Plan and Special Event Guidelines already
designate Winter Party and White Party as "major event periods." Therefore, these events are eligible for the
extension of hours subject to the conditions established in the City Code.
Please note that if extension is granted by the City Commission for White Party and Winter Party, then it will
apply to ALL alcoholic beverage establishments in the City (meeting the criteria under the Ordinance) and
NOT just those establishments catering to a GLBT clientele.
FISCAL IMPACT ANALYSIS
The approval of the extension of hours for nightclubs during these additional periods will likely require the
Police Department, Code Compliance Division and the Sanitation Division to incur overtime staffing to ensure
the provisions of the ordinance are appropriately followed. At this time, it is difficult to fully determine what that
cost will be.
CONCLUSION
Pursuant to the direction of the Land Use and Development Committee, the Administration recommends the
Mayor and City Commission adopt the resolution.
JMGIHMFI MAS
F:\info\$ALL\Max\TCD\NITE\AlcBevExtHrs LUDC MEMO.doc
ATTACHMENT A
MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Matti Herrera Bower, Mayor && Wr( 4
DATE: August 27,2010
SUBJECT: Consent Agenda Item: Referral to Land Use Committee
please place on the Sept. 15,201 0 Commission meeting agenda a referral to the
band Use Committee of a discussion regarding a request from the GLBT Committee
to allow extended hours of operation of certain nightlife venues during four major
LGBT tourism and fundraising weekends -Winter Party, White Party, Gay Pride
and Aqua Girl.
I thank you in advance for your cooperation in this matter. If you have any questions,
please do not hesitate to contact Rebecca Wakefield at extension 6157.
Thank you.
We ore committed 10 providing excellent public service ond sofeiy to all who live, work, ond ploy in our t Agenda Item C vr
Date ?-/A=/o
59
206
ATTACHMENT B
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 h+ u - -
DATE: November 17,2010
SUBJECT: REPORT OF THE OCTOBER 25, 2010 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A meeting of the Land Use and Development Committee was held on October 25, 2010.
Commissioners Gongora and Tobin were in attendance. Members from the
Administration and the public were also in attendance. Please see the attached signin
sheet. The meeting was called to order at 4: 10 pm.
OLD BUSINESS:
1 ORDINANCE AMENDMENT - EXPAND THE PUBLIC NOTICE PERIOD
FOR ALL FOUR LAND USE BOARDS FROM 15 DAYS TO 30 DAYS
DISCUSSION REGARDING A REQUEST FROM THE GLBT
COMMITTEE TO ALLOW EXTENDED HOURS OF OPERATION OF
CERTAIN NIGHTLIFE VENUES DURING FOUR MAJOR LGBT
TOURISM AND FUNDRAISING WEEKENDS - WINTER PARTY,
WHITE PARTY, GAY PRIDE AND AQUA GIRL.
AFTER-ACTION: Hilda Fernandez introduced the item, and explained that since
2000, the City Commission has been allowing alcoholic beverage establishments
that hold 500 a.m., occupational licenses to extend their hours of operation to 7 a.m.
during holiday or major event weekends, such as New Year's Day, during Winter
Music Conference, and others. However, this has been for all such establishments,
and not simply for a limited number of establishments which may be involved with a
particular special event. The Committee discussed the matter further, and confirmed
that any extension of hours would apply to all qualifying establishments.
Commissioner G6ngora expressed a preference to extend the hours for the White
Party and Winter Party only.
MOTION: Gongorarrobin (vote 2-0)
Move the proposal to the full City Commission, with the extension of hours for only
the White Party and Winter Party.
2. DISCUSSION ON THE ISSUANCE OF A REQUEST FOR PROPOSAL
(RFP) TO CONDUCT A STUDY FOR THE DEVELOPMENT OF A CITY-
WIDE TRANSPORTATION AND PARKING PLAN.
AFTER-ACTION: Commissioner Tobin introduced the item, explaining his request
at the September 15, 2010 City Commission meeting to forward to the Land Use and
Development Committee a discussion of the possible issuance of a request for
proposal to develop a city wide Transportation Plan. The purpose of the Plan would
Agenda Item C 6 C I
< I
i Date I/- / 7-10
RESOLUTIONS TO BE SUBMITTED
OFFICE OF THE ClTY AllORNEY
JOSE SMITH, CITY A~ORNEY COMMISSION MEMORANDUM
TO:
FROM:
DATE:
MAYOR MATT1 HERRERA BOWER
MEMBERS OF THE ClTY COMMISSION
ClTY MANAGER JORGE M. G
ClTY ATTORNEY JOSE SMI
February 9,201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY
OF MIAMI BEACH, FLORIDA, APPOINTING A VOTING MEMBER TO
SERVE ON THE METROPOLITAN PLANNING ORGANIZATION FOR
MIAMI-DADE COUNTY, TO REPRESENT THE CITY OF MIAMI BEACH.
Pursuant to Section 339.176 of the Florida Statutes, cities with a population of 50,000 or more
residents must include a voting member on the Metropolitan Planning Organization (MPO), which
member is appointed by that city's governing body. Pursuant to the request of Mayor Matti Herrera
Bower, Commissioner Ed Tobin is proposed as Mayor Bower's replacement on the MPO and,
therefore, the attached Resolution is submitted for consideration by the Mayor and City Commission.
F:\atto\TURN\COMMMEMO\Miarni-Dade MPO Reso Tobin.doc
Agenda Item L 7 5-
Date 2-7-1.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MIAMI BEACH, FLORIDA, APPOINTING
COMMISSIONER ED TOBlN TO PARTICIPATE AS A VOTING
MEMBER OF THE METROPOLITAN PLANNING
ORGANIZATION FOR MIAMI-DADE COUNTY, FLORIDA AND
TO REPRESENT THE CITY OF MIAMI BEACH AND SERVE IN
THIS APPOINTED CAPACITY.
WHEREAS, it is the intent of the Florida Legislature to encourage and promote the safe
and efficient management, operation, and development of surface transportation systems that
will serve the mobility needs of people and freight within the State while minimizing
transportation related fuel consumption, air pollution, and greenhouse omissions through
metropolitan planning organizations; and
WHEREAS, the Miami-Dade County Metropolitan Planning Organization (MPO) has
been created to accomplish these objectives; and
WHEREAS, Section 339.176 of the Florida Statutes provides that the voting
membership of the MPO shall include voting members appointed by the governing body of each
city with a population of 50,000 or more residents; and
WHEREAS, the City of Miami Beach qualifies for representation on the Miami-Dade
County MPO and desires to appoint a voting member most qualified to represent the City's
interests.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA THAT:
Section I: The foregoing facts and recitations contained in the preamble to this
Resolution are incorporated and adopted by reference as if fully set forth herein.
Section 2: The Mayor and City Commission of the City of Miami Beach, Florida, hereby
appoint Commissioner Ed Tobin to participate as a voting member of the Metropolitan Planning
Organization for Miami-Dade County, Florida, to represent the City of Miami Beach and to serve
in this appointed capacity.
PASSED AND ADOPTED this day of February, 201 1.
ATTEST:
Robert Parcher
City Clerk
F:\atto\TURN\RESOS\Appointing MPO Member Tobin.docx
Matti Herrera Bower
Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
February 9,201 1
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.
REGULAR AGENDA
R2 - Competitive Bid Reports
R2A Request For Approval To Issue A Request For Proposals (RFP) For Parking Attendants For The
City's Parking Garages As A Management Agreement. (Page 21 3)
(Parking Department)
R5 - Ordinances
R5A An Ordinance Amending Chapter 2 Of The Miami Beach City Code, Entitled "Administration," By
Amending Article Ill Thereof, Entitled "Agencies, Boards, And Committees," By Amending Division 9
Thereof, Entitled "Health Advisory Committee," By Amending Section 2-81 (d), Entitled "Composition,"
By Amending The Membership Of The Board To Eliminate A Member From The South Shore Hospital
And Providing Under A New Subsection (D)(8) For Another Board Member Which May Be A
Physician Or A Private Individual; Providing For Repealer; Codification; Severability; And An Effective
Date. 10:lO a.m. Second Readinn Public Hearing (Page 231)
(City Clerk's Office)
(First Reading on January 19, 201 1)
Regular Agenda, February 9,201 1
R5 - Ordinances (Continued)
R5B Roofing Materials
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142, "Zoning Districts And Regulations", Article IV, "Supplementary
District Regulations," Section 142-875 "Roof ReplacementsJ1 To Modify And Expand The
Requirements For Roofing Materials In All Districts; Providing For Repealer, Codification, Severability
And An Effective Date. 10:20 a.m. Second Readinn Public Hearing (Page 237)
(Planning Department)
(Continued from January 19,201 1)
R5C An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, Entitled
"Traffic And Vehicles," By Amending Article II, Entitled "Metered Parking," By Amending Division 1,
Entitled "Generally," By Amending Section 106-47, Entitled "Freight, Commercial, And Passenger
Curb Loading Zones; Hours, Deliveries" By Amending Commercial Delivery Regulations And
Providing Relief To Residential Areas In Close Proximity To Commercial Operations With Late Hour
Deliveries And Similar Habitual Sources Of Noise; Providing For Codification, Repealer, Severability,
And An Effective Date. 10:30 a.m. Second Readinn Public Hearing (Page 245)
(Parking Department)
(First Reading on January 19, 201 1)
R5D An Ordinance Amending Chapter 70 Of The Miami Beach City Code Entitled "Miscellaneous
Offenses"; By Amending Article Ill, Entitled "Graffiti"; By Amending Division I, Entitled "Generally"; By
Amending Section 70-1 26, Entitled "Responsibility Of Property Owner(s) To Remove Graffiti; Graffiti
Removal And Notice; Enforcement" By Amending The Responsibilities Of Property Owners With
Regard To The Abatement Of Graffiti And Amending Enforcement Provisions; Providing For
Repealer; Severability; Codification; And An Effective Date. 10:45 a.m. Second Reading Public
Hearing (Page 253)
(Building & Code Compliance)
(First Reading on January 19, 201 1)
R5E An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, Entitled
"Administration," By Amending Article Ill, Entitled "Agencies, Boards And CommitteeslJ1 By Amending
Division 2, Entitled "Disability Access Committee," By Amending Sec. 2-31(d) To Increase The
Number Of Members From Seven (7) To Fourteen (14) And Amending The Quorum Requirement;
Providing For Codification, Repealer, Severability, And An Effective Date. First Readinq
(Page 263)
(City Clerk's Office)
R7 - Resolutions
R7A A Resolution Approving Following A Duly Noticed Public Hearing, The Placement Of A
Commemorative Plaque On The City's Boardwalk Near The 41st Street Entrance Honoring Judge
Norman Ciment, In Accordance With Section 82-504 Of The City Code. 10:15 a.m. Public Hearing
(Page 269)
(Parks & Recreation)
Regular Agenda, February 9,201 1
R7 - Resolutions (Continued)
R7B A Resolution Following A Duly Noticed Public Hearing, The City's Planned Use Of Neighborhood
Stabilization Program 3 (NSP3) Funding Under The Dodd-Frank Wall Street Reform And Consumer
Protection Act And Authorizing The Appropriation Of Federal Funds In The Amount Of $1,475,088
For The Redevelopment Of Vacant Property; Approving A Substantial Amendment To The City's FY
2008-2012 Consolidated Plan And FY 2010-1 1 Action Plan To Allocate $1,327,579 Of The NSP3
Funds To The City's Subrecipient, Miami Beach Community Development Corporation (MBCDC), For
The Rehabilitation Of Phase 1 Of The London House Apartments Located At 1965 Washington
Avenue; Authorizing The City Manager To Sign Any And All Necessary Related Documents. 1:30
p.m. Public Hearing (Page 275)
(Real Estate, Housing & Community Development)
(Continued from January 19, 201 1)
R7C A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of
Proposals Pursuant To Request For Proposals (RFP) No. 13-09/10, For The Purchase And
Implementation Of An Enterprise Building Development Service System; Authorizing The
Administration To Enter Into Negotiations With The Top-Ranked Proposer, Accela, Inc; And Should
The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposer,
Authorizing Negotiations With The Second-Ranked Proposer, Computer Software Inc (CSI); Further
Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful
Negotiations By The Administration. (Page 295)
(Building Department)
R7D Budget Amendments (Page 31 9)
1. A Resolution Adopting The First Amendment To The General, Enterprise, Internal Service
And Resort Tax Funds Budgets For Fiscal Year (FY) 2009/10 To Appropriate Prior Year
Encumbrances And Amend Certain Budgets.
2. A Resolution Adopting The First Amendment To The General Fund Budget For Fiscal Year
(FY) 201 011 1 To Set Aside Additional Funds For 201 1 /I 2.
(Budget & Performance Improvement)
(Memorandum & Resolution To Be Submitted In Supplemental)
R9 - New Business and Commission Requests
R9A Board And Committee Appointments. (Page 323)
(City Clerk's Office)
R9A1 Board And Committee Appointments - City Commission Appointments. (Page 329)
The Following Were Deferred From The January 13, 201 1 Special Commission Meeting:
1. Affordable Housing Advisory Committee
2. Board of Adjustment
3. Capital Improvement Projects Oversight Committee
4. Health Advisory Committee
5. Historic Preservation Board
6. Miami Beach Human Rights Committee
7. Personnel Board
8. Planning Board
(City Clerk's Office)
Regular Agenda, February 9,201 1
R9 - New Business and Commission Requests (Continued)
R9A2 Appointment Of Raymond Adrian For Commissioner To The Housing Authority. (Page 341)
(Requested by Mayor Matti Herrera Bower)
R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) (Page 343)
R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.)
R9C Discussion Regarding The Timing Of Final Adopted Budget Delivery And How We Monitor Spending
And Budget Until The Final Adopted Budget Is Delivered. (Page 345)
(Requested by Commissioner Deede Weithorn)
(Deferred from January 19, 201 1)
R9D Discussion Regarding The Status Of The Indian Creek Roadway Project. (Page 347)
(Requested by Commissioner Jonah Wolfson)
R9E Discussion Regarding The Funding Bill For The Convention Center Recently Filed By State Senators
Mike Bennett And Rene Garcia. (Page 349)
(Requested by Mayor Matti Herrera Bower)
R9F Discussion Regarding The Status Of The Major Event Plan For The Winter Music Conference And
Spring Break. (Page 351)
(Requested by Commissioner Jorge R. Exposito)
R9G Discussion And Referral To The Land Use And Development Committee And The Planning Board -
The Gale Hotel Height Limits. (Page 353)
(Requested by Vice-Mayor Michael Gongora And Commissioner Jonah Wolfson)
Reports and Informational ltems
Reports and lnformational ltems (see LTC #030-2011)
End of Renular Anenda
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA
THE REGULARLY SCHEDULED MEETINGS OF THE ClTY COMMISSION ARE ESTABLISHED BY RESOLUTION. SCHEDULED
MEETING DATES ARE AVAILABLE ON THE CITY'S WEBSITE, DISPLAYED ON CABLE CHANNEL 77, AND ARE AVAILABLE IN
THE CITY CLERKS OFFICE. COMMISSION MEETINGS COMMENCE NO EARLIER THAN 9:00 A.M. GENERALLY THE ClTY
COMMISSION IS IN RECESS DURING THE MONTH OF AUGUST.
DR. STANLEY SUTNICK CITIZENS' FORUM will be held during the first Commission meeting each month. The Forum is split
into two (2) sessions, 1 :30 p.m. and 5:30 p.m., or as soon as possible thereafter, provided that the Commission Meeting has
not already adjourned prior to the time set for either session of the Forum. In the event of adiournment prior to the Stanley
Sutnick Citizens' Forum, notice will be posted on Cable Channel 77, and posted at City Hall. Approximately thirty (30)
minutes will be allocated for each session, with individuals being limited to no more than three (3) minutes or for a time period
established by the Mayor. No appointment or advance notification is needed in order to speak to the Commission during this
Forum.
2. Prior to every Commission meeting, an Agenda and backup material are published by the Administration. Copies of the
Agenda may be obtained at the City Clerk's Office on the Monday prior to the Commission regular meeting. The complete
Agenda, including all backup material, is available for inspection beginning the Monday prior to the Commission meeting at
the City Clerk's Office and at the following Miami Beach Branch Libraries: Main, North Shore, and South Shore. The
information is also available on the City's website: www.miamibeachfl.~ov the Friday prior to a Commission Meeting.
Any person requesting placement of an item on the Agenda must provide a written statement with his/her complete address
and telephone number to the Office of the City Manager, 1700 Convention Center Drive, 4th Floor, Miami Beach, FI 33 139,
briefly outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be
handled administratively, an appointment may be scheduled to discuss the matter with a member of the City Manager's staff.
"Requests for Agenda Considerationr' will not be placed on the Agenda until after Administrative staff review. Such review will
ensure that the issue is germane to the City's business and has been addressed in sufficient detail so that the City Commission
may be fully apprised. Such written requests must be received in the City Manager's Office no later than noon on Tuesday of
the week prior to the scheduled Commission meeting to allow time for processing and inclusion in the Agenda package.
Presenters will be allowed sufficient time, within the discretion of the Mayor, to make their presentations and will be limited to
those subiects included in their written requests.
4. Once an Agenda for a Commission Meeting is published, persons wishing to speak on item(s) listed on the Agenda, other than
public hearing items and the Dr. Stanley Sutnick Citizens Forum, should call or come to City Hall, Office of the City Clerk,
1700 Convention Center Drive, telephone 673-741 1, before 5:00 p.m., no later than the day prior to the Commission meeting
and give their name, the Agenda item to be discussed, and if known, the Agenda item number.
5. All persons who have been listed by the City Clerk to speak on the Agenda item in which they are specifically interested, and
persons granted permission by the Mayor, will be allowed sufficient time, within the discretion of the Mayor, to present their
views. When there are scheduled public hearings on an Agenda item, IT IS NOT necessary to register at the City Clerk's
Office in advance of the meeting. All persons wishing to speak at a public hearing may do so and will be allowed sufficient
time, within the discretion of the Mayor, to present their views.
6. If a person wishes to address the Commission on an emergency matter, which is not listed on the Agenda, there will be a
period allocated at the commencement of the Commission Meeting when the Mayor calls for additions to, deletions from, or
corrections to the Agenda. The decision as to whether or not the matter will be heard, and when it will be heard, is at the
discretion of the Mayor. On the presentation of an emergency matter, the speaker's remarks must be concise and related to a
specific item. Each speaker will be limited to three minutes, or for a longer or shorter period, at the discretion of the Mayor.
201 1 Schedule of City of Miami Beach
City Commission and Redevelopment Agency (RDA) Meetings
Meetings begin at 9:00 a.m., and are held in the City Commission Chambers, Third Floor, City Hall,
1 700 Convention Center Drive, Miami Beach, Florida.
Commission Meetings Alternate Meetings
January 19 (Wednesday) January 26 (Wednesday)
February 9 (Wednesday) February 16 (Wednesday)
March 9 (Wednesday) March 16 (Wednesday)
April 1 3 (Wednesday) April 27 (Wednesday]
May 1 1 (Wednesday) May 18 (Wednesday]
June 1 (Wednesday)
July 13 Wednesday) July 20 Wednesday)
August - Cify Commission in recess
September 14 (Wednesday)
October 1 9' (Wednesday] October 26 (Wednesday)
November 2 (Wednesday] - Election related only
November 16 (Wednesday] - If Run-off Election only
December 14 (Wednesday] December 2 1 (Wednesday)
F:\CLER\$ALL\a City Commission\201 1 Schedule of City of Miami Beach.docx
CITY CLERK’S OFFICE
LOBBYISTS LIST
February 9, 2011
LOBBYIST NAME RETAINED BY DATE REGISTERED DISCLOSURE
C7C Execute Amendmt/So. Pointe Neighborhood 12C ROW Infrast. Improvements Project
Alexander Tachmes Acosta Tractors, Inc. 7/15/2008 $450/hour
R5B Roofing Materials
Alexander Tachmes TBS Realty, LLC 5/19/2010 $450/hour
C:\Documents and Settings\centvalk\Local Settings\Temporary Internet Files\OLK67\Lobbyist List.doc
COMMISSION ITEM SUMMARY
Condensed Title:
Request for Approval to Issue a Request For Proposals (RFP) for Parking Attendants for the City's Parking
System.
Key Intended Outcome Supported:
Increase community satisfaction with City Services.
Supporting Data (Surveys, Environmental Scan, etc.): 74% of residents and 72% of businesses
rate the availability of parking across the City as too little or much too little. Availability of parking was one of
the changes residents identified to make Miami Beach a better to live, work or play.
Issue: I Shall the Mayor and City Commission approve the issuance of the RFP?
Item SummarylRecommendation:
The Administration recommends the issuance of a Request for Proposals (RFP) as the procurement process
for the acquisition of parking attendants for the City's Parking System.
The City's existing contract term for parking attendants will expire on August 11, 201 1. This procurement
process is intended to be completed and awarded within the existing term.
In past RFPs, the intent of the City was to enter into a three (3) year Agreementwith the successful Proposer
to provide the necessary labor pool of parking attendants for the City operated parking facilities, with an
option for an additional two (2) one-year renewal options, at the sole discretion of the City.
I APPROVE THE ISSUANCE OF RFP. I
Advisory Board Recommendation:
Finance and Citywide Projects Committee at the January 27,201 1, meeting recommended the issuance of
the RFP.
City Clerk's Office Legislative Tracking:
[ Gus Lopez extension 6641
Financial Information:
T:WGENDA\201 ID-09-1 ?\Parking RFP - SUMMARY.doc
Account
2--
i Financial Impact Summary:
Amount Source of
Funds:
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OBPl
4
2
3
Total
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: February 9, 201 1
SUBJECT: REQUEST FOR APPROVAL TO 'ISSUE A REQUEST FOR PROPOSALS (RFP) FOR
PARKING ATTENDANTS FOR THE CITY'S PARKING GARAGES AS A MANAGEMENT
AGREEMENT.
ADMINISTRATION RECOMMENDATION
Provide comment and direction, if any, relative to the scope of services, evaluation criteria, and
minimum requirements; and approve the issuance of the RFP.
ANALYSIS
The Administration recommends the issuance of a Request for Proposals (RFP) as the procurement
process for the acquisition of parking attendant labor services for the City's parking garages.
The City's existing contract term for parking attendants will expire on August 11, 201 1. This
procurement process is intended to be completed and awarded within the existing term.
The City Administration will actively seek proposals from qualified parking companies/operators to
supply trained parking attendants for the City of Miami Beach Parking System, in accordance with
the terms, conditions, and specifications contained in the Request for Proposals ("the RFP").
TERM OF CONTRACT
It is the intent of the City to enter into a three (3) year Agreement with the successful Proposer to
provide the necessary labor pool of parking attendants for the City operated parking facilities, with
an option for an additional two (2) one-year renewal options, at the sole discretion of the City.
SCOPE OF SERVICES AND SPECIFICATIONS
The City of Miami Beach is actively seeking proposals from qualified parking companies/operators to
supply trained Parking Attendant Is and Attendants Ils for the City of Miami Beach Parking System, in
accordance with the terms, conditions, and specifications contained in this Request for Proposals. The
Proposer(s) should base their Price Proposal Form on the following guaranteed minimum number of
hours annually:
Attendant Is:
Attendant Ils:
Total:
February 9, 201 1
RFP for Parking Attendants
Page 2 of 14
RESPONSIBILITY OF THE FIRM
The successful Proposer shall be responsible for the following:
1. To provide trained and uniformed parking attendants at each of the designated
parking facilities, Monday through Sunday, including holidays and during Special
Events. The parking facilities are located at:
A. 7th Street & Collins Avenue Garage
B. 17th Street Garage
C. 13th Street Garage
D. 42nd Street Garage
E. 12th Street & Drexel Garage
F. City Hall Garage
G. "5th and Alton" Garage
H. Pennsylvania Avenue Garage
I. Preferred Parking Surface Lot (Convention Center Lot).
J. Anchor Garage - 16'~ Street and Collins Avenue.
K. Multiple municipal surface parking lots, including during special events
andlor seasonally.
The parking attendants must:
Maintain a neat, well-groomed appearance at all times.
Collect parking fees, validate tickets, and perform related duties.
Provide financial and ticket reports at the conclusion of each shift to the
satisfaction of the City.
Submit all monies representative of the shift's activity to the shiftlfacility
Attendant Ils, and assist in the recordation and deposit of the daily shift cash
receipts.
Maintain a clean work area including the adjacent booth area and access
control equipment. Each shift shall be responsible to maintain the fee
computer as to cleanliness, dust, and appropriate use.
Provide directions and general information to the public.
Maintain a friendly, courteous and service-oriented attitude at all times.
Consistently demonstrate the ability to communicate effectively in the English
language with the general public, supervisors, and City management.
All parking attendants shall be qualified to complete all required cash and
ticket reports. Such qualification shall be to ensure the accurate and
complete recordation of such reports. Ability to add, subtract, multiply, and
divide in a consistent and accurate manner is essential.
All parking attendants are required to know City parking policies pertinent to:
Monthly Parking Program
City Decals and Permit Parkers
Special Event Parking
iPark
Hotel Hang-Tag Program; and
All programs implemented by the City
L. All parking attendants must be familiar with the location, hours of operation,
and rates of all City parking facilities.
M. All parking attendants will be trained in operating the City's gated parking
revenue control equipment.
N. Perform all other related duties as assigned by the City.
February 9,201 1
RFP for Parking Attendants
Page 3 of 14
The successful Proposer shall provide and require its employees to wear a uniform:
SporVpolo shirt or collared shirt (no t-shirts), dark pants, shorts or skirt. The Firm's
employees will be issued official City of Miami Beach photo identifications and these
shall be required to be worn daily as part of the employee's official uniform. The
successful Proposer must include its name on the badge or uniform. The City
reserves the right for final approval of the uniform selected by the Firm.
The Successful Proposer will provide one (1) trained working Attendant Ils per
location as requested on each shift. The responsibilities of the Attendant Ils will be:
a. Attendance verification: Verify at the beginning of each shift that all booths
are staffed. If personnel are absent or call in sick, it is the responsibility of the
Attendant Ils to replace the Attendant Is immediately. The Attendant Ils shall
issue a bank for each Attendant Is, whose duties are to cashier, per shift.
Scheduling of shift locations and replacements for daily and weekly schedule
and scheduling for vacations and emergencies.
The shift Attendant Ils shall be an employee of the successful Proposer and
shall serve as the City contact for any problems or questions during each
shift.
d. Provide required assistance to parking attendants during shift closeout
procedures. Prepare all deposits for shift cash receipts as required by the
City.
e. Perform the duties of a Parking Attendant Is.
f. Perform related duties as requested by City staff.
If applicable, the successful Proposer shall make best efforts to transition employees
of the existing service provider who choose to migrate to the selected Firm.
All contract employees must report any facility maintenance issues, including but not
limited to graffiti; light bulb replacement; restriping, signage, etc. that needs to be
addressed.
The successful Proposer shall schedule monthly performance meetings with City
management to review performance issues.
The successful Proposer shall notify the City of a 24 hour contact via telephone
andlor pager. A minimum of two contact names must remain on file with the City at
all times.
The successful Proposer shall respond to any complaint received from the general
public or the City of Miami Beach, in writing, within 24 hours of receipt of complaint.
10. All training is the responsibility of the Firm. The successful Proposer will provide
written rules of conduct for its personnel. All rules of conduct for the successful
Proposer must be approved by the City's Parking Director.
11. The successful Proposer must provide a Facilities Operation Manual to each
employee and a permanent manual containing standard operating procedures shall
be stored in each cashier booth and central facility office.
12. All employees of the successful Proposer shall be bonded and insured.
13. Smoking, eating, and/or mobile phone use on the job or in a parking facility is strictly
prohibited.
February 9, 201 1
RFP for Parking Attendants
Page 4 of 14
14. The successful Proposer must supply a $1 00.00 bank for each shift at each facility.
The $100.00 bank shall consist of sufficient variety of currency and/or coin to
properly provide change. The City reserves the right to alter the composition of the
$1 00 bank; however, typically, eighty one-dollar bills and two rolls of quarters will be
required.
15. The successful Proposer shall be responsible for all pay-on-foot stations, including
but not limited to: providing all funds necessary for replenishing all cash for change
bins (two bins per pay on foot station and $5,000.00 per bin is required); balance all
transactions at all pay-on-foot stations at applicable facilities; and perform all other
related duties pertaining to pay-on-foot stations as assigned by the City. The
successful proposer must have sufficient cash on hand to ensure that at no time any
pay-on-foot stations are depleted of change (smaller bill denominations). The
successful Proposer must make best efforts to keep all pay on foot stations
operational at all times, including but not limited to minor repairs such as misread
tickets; bill jams; receipt rolls, etc.). The City shall be responsible for all preventive
maintenance; regular maintenance; and repairs.
16. The successful Proposer shall maintain a trained and courteous workforce.
17. The successful Proposer shall ensure that each cashier booth and facility office is
equipped with the following:
City of Miami Beach Parking Guide
Chamber of Commerce Visitor Guide
Any other materials provided by the City.
18. The successful Proposer shall be responsible for any cash shortages or missing
tickets. Missing tickets shall be calculated at the maximum daily parking rate. All
shortages shall be delivered to the City of Miami Beach Parking Department c/o the
Finance Manager within 72 hours of notice of the shortage by the City to the Firm.
19. The successful Proposer shall provide continuous and on-going procedural and
equipment training to its employees assigned to the City of Miami Beach. The
successful Proposer shall provide a roster of all trained employees to the City.
Employees receiving training at the City's parking facilities must be scheduled to
work at City parking facilities. Under no circumstances is the successful Proposer to
train employees at City parking facilities and relocate the employee to another
contract or client for any period of time without the expressed written consent of the
City.
20. The successful Proposer shall provide sufficient vehicles, as determined by the City,
for their employees to ensure the effective and efficient transport of attendants to
assigned locations throughout all shifts.
Corporate Responsibility - Proposers should have a defined Corporate Responsibility
Model that describes how they successfully integrate into the communities where
they provide services, including their approach regarding compensating their
employees. Proposers must be good corporate citizens. They must provide their
employees with competitive wages, including living wage and benefits package;
make positive differences by supporting the local communities where they operate;
and be environmentally conscious. The Firm's focus should be to create a balance
between developing opportunities with their customer (the City); stimulate and
reward their employees; work with and support our local community; and sustain the
environment where they operate.
February 9,201 1
RFP for Parking Attendants
Page 5 of 14
The successful Proposer shall perform a background check, firmltype of background
check to be approved by the City, on all of its employees, as part of their employment
process. The employee must agree to submit to the successful completion of these
screening processes as a condition of their employment within the first thirty (30)
days of said employment. The successful Proposer may also be required to conduct
other screening andlor investigative measures, at the request of the City.
The successful Proposer shall include their Audit and Internal Controls, including,
but not limited to, the following: code of conduct and a confirmation process; hiring
and promoting appropriate employees; continuous training; fair and balanced
discipline; implementing and monitoring internal controls; having a strong and
independent audit committee; and hiring effective internal auditors.
24. The successful proposer shall provide samples of their standard monthly, quarterly,
and annual reporting forms. Said reporting may include but is not limited to any and
all financial andlor operational reporting to the City, including invoicing, employee
attendance, etc.
C. RESPONSIBILITY OF THE CITY
The City shall be responsible for the following:
1. The City of Miami Beach will provide a clean and safe workplace.
The City has the right to refuse any personnel supplied by the Firm. Any person
employed by the successful Proposer whom the Parking Director or hislher designee
may deem temporarily or permanently incompetent or unfit to perform the work, shall
be removed promptly from the job and such person shall not again be placed with
the City.
The City shall make every effort to notify the successful Proposer of any special
events and their specific parking requirements at least one week (seven calendar
days) prior to commencement of the event.
The City shall provide the successful Proposer with a calendar of events at the City
of Miami Beach Convention Center, The Fillmore at the Miami Beach Jackie
Gleason, and Lincoln Theatre. The City shall also provide the successful Proposer
with a copy of the City of Miami Beach annual calendar.
The City shall provide a comprehensive list of events requiring the staffing of surface
parking lots.
The City shall continuously work with the successful Proposer to assure that
residents and visitors are served in an efficient, professional, and courteous manner.
The City reserves the right to require the successful Proposer to conduct
investigative measures, including, audits, andlor surveillance to ensure the integrity
of the system and their employees.
The City will at no time be responsible for any and all overtime payroll expense
incurred by the Firm unless the City authorizes said overtime in advance. Said
authorization shall only be granted under extenuating circumstances such as a force
majeure event, homeland security event, or other similar type of event.
The City shall be responsible for all preventive maintenance; regular maintenance;
and repairs of all pay on foot stations.
February 9,201 1
RFP for Parking Attendants
Page 6 of 14
PERFORMANCE STANDARDS
UniformslName-tags:
All employees must be in full uniform with their respective name-tag at the start of
their shift. Failure to do so may result in a request to replace said employee with one
in full uniformlname-tag.
Customer ServicelConduct:
All employees must comport themselves in a respectful and courteous manner when
addressing the publiclcustomers. Conduct unbecoming shall include: smoking,
eating, mobile phone use, rudeness, belligerence, hostility, quarrelsome,
antagonistic, aggression, sarcasm, contempt, and mocking. All employees shall
further refrain from smoking, eating, andlor drinking while on-duty. Complaints
pertaining to customer service, including but not limited to the behavior outlined
above shall be immediately addressed by the Firm.
The City reserves the right at its sole discretion to determine if the employee is unfit
or incompetent to perform the duties and may require the immediate removal of the
employee and replacement with another within one (I) hour of said request.
Most Favored Customer:
The successful Proposer warrants and represents that the prices, warranties,
benefits and terms set forth in this Agreement are at least equal to or more favorable
to the City than the prices, warranties, benefits and terms now charged or offered by
the Firm, or that may be charged or offered during the term of this Agreement for the
same or substantially similar services as defined in this Agreement.
If at a time during the term of this Agreement, the successful Proposer enters into an
agreement on a basis that provides prices, warranties, benefits and terms more
favorable than those provided the City hereunder, then the successful Proposer shall
within thirty (30) calendar days thereafter notify the City of such fact, and regardless
of whether such notice is sent by the successful Proposer or received by the
successful Proposer or received by the City, this contract shall be deemed to be
automatically amended, effective retroactively to the effective date of the more
favorable agreement, to provide the same prices, warranties, benefits and terms to
the City; provided that the City shall have the right and option to decline to accept
any such change, in which event such amendment shall be deemed null and void.
If the successful Proposer is of the opinion that an apparently more favorable price,
warranty, benefit or term of this Agreement is not in fact more favored treatment, the
successful Proposer will promptly notify the City in writing, setting forth in detail the
reasons that the successful Proposer believes said apparently more favored
treatment is not in fact more favored treatment.
The City after due consideration of such written explanation may decline to accept
such explanation and thereupon this Agreement shall be deemed to be automatically
amended effective retroactively to the effective date of the more favorable
agreement, provide the same prices, warranties, benefits and terms to the City. The
provisions of this Article shall survive the closing and termination of this Agreement.
February 9,201 1
RFP for Parking Attendants
Page 7 of 14
CRITERIA FOR EVALUATION
The Evaluation Committee shall base its recommendations on the following factors:
Evaluation Criteria:
Experience and Qualifications of the Proposer
Experience and Qualifications of Management Team
Total Additional Costs (Price Proposal Form Sec. E + F)
Past Performance (due diligence)
Corporate Responsibility:
Additional Hours ProfitIPercentage (Price Proposal Form Section E):
Total:
Weight
15 pts
15 pts
40 pts
10 pts
10 pts
100 pts
MINIMUM REQUIREMENTIQUALIFICATION:
The Proposers shall have a record of satisfactory performance in the past three
consecutive years providing trained parking attendants with experience in self-
parking operations at surface parking lots and garages with gated parking revenue
control equipment to a public agency and/or private concern.
The Proposers shall be fully licensed in the state of Florida to perform the work
described herein.
List the present contracts held and contracts previously held during the past three
years, specifically listing any similar contracts held. Identify the firmlorganization,
type of labor furnished, contact person, address, phone number, length of
time contract held and total dollar amount of the contracts listed.
Describe in detail the daily oversight of your staff and contract management best
practices; how you measure your staffs performance; and how you hold staff (at
each and every level) accountable.
Each Proposer is required, before submitting a proposal, to examine carefully the
requirements set forth in this document and to be familiar with all the terms and
conditions that are contained within this RFP. The Proposer shall submit the
following detailed information with the proposal:
1. Describe your approach to the project and your management plan for
both regularly attended facilitieslgarages and special event
staffing. Include your staffing strategies, implementation of the contract,
training, supervision and continued support throughout the year. Describe
your plan in detail for recruiting, training, and retaining staff.
2. A brief history of the company, name(s) of owner and principal(s) and
number of years in business. Include the location(s) of the offices.
3. The number of employees that are employed by your Firm /Company on a
full-time and part-time basis. Describe your active trained work pool that
can be immediately deployed.
4. Number of personnel on file for each type of work. Example: Clerical: 58,
Manual Labor: 37; etc.
5. Complete the Price Proposal Form, as provided.
February 9,201 1
RFP for Parking Attendants
Page 8 of 14
PRICE PROPOSAL FORM
The Proposer(s) should base their Price Proposal Form on the following guaranteed minimum
number of hours annually:
Attendants I:
Attendants II:
Total:
Hourly rates paid to Attendants I and II (hourly rate paid to the employee); related payroll
taxeslcosts; and Project Management shall each be a pass-through cost to the City. The hourly rate
paid to employees must be compliant with the City's Living Wage Ordinance Requirement. The
hourly rate must be in Year One which shall commence on October 1, 201 1 (City's Fiscal Year
201 011 1): either $1 0.72 which includes benefits or $12.17 which does not include benefits ($10.72 +
$1.45). If the contract is awarded and the Firm commences operations prior to October 1,201 1, all
hourly rates will be pro-rated to the current Living Wage rates.
Sections "A"; 'BB "C"; and "D" contain values that the City has assigned and will be treated
as pass-though costs. These values cannot be altered andlor revised by the Proposers.
Any and all other costs, including unemployment insurance; workman's compensation; operating
costs; overhead; and profits shall be provided by each Proposer and must be itemized on the Price
Proposal Form. If there is additional space needed for itemization you must use additional
sheets and attach it to the Price Proposal Form. No additions, deletions, or revisions to your
proposal, including the Price Proposal Form shall be permitted after the submission deadline.
Each Proposer must provide costs and rates (if applicable) and shall be evaluated on Section E,
"Additional Annual Costs"; Section F, "Firm's Annual Profit" (40 points); and Section H, "Additional
Hours - Additional Profit" (1 0 points). Each Proposer must fully complete the Price Proposal Form.
Attendant Is (Year I):
The successful proposer shall pay the City's Fiscal Year 201 111 2 Living Wage Hourly Rate to their
employees. The City's Living Wage Hourly Rate effective October 1,201 1 and their related payroll
taxes (fixed costs) have been identified below.
AlrElWL
A. Attendant Is : w/Benefitsw/oBenefits - COST
1 Hourly Rate Paid to Employee (Year 1): $1 0.72 $12.17
2. Minimum Health Benefits to Employee: $ 1.45 NIA
3. Itemized Employee Payroll TaxeslCost
a. FICA* 6.20% Cost per hour: $ 0.76 $ 0.76
b. MICA* 1.45% Cost per hour: $ 0.18 $0.18
Attendant Is
Employee Hourly Rate (No. A1 + A2 + A3): $1 3.1 1 $13.1 1
Attendant Is Hours x
64,000 x
Hourly Rate =
$1 3.1 1
Attendant Is Annual Cost - - $839,040
(A) $839,040
February 9,201 1
RFP for Parking Attendants
Page9of 14
B. Attendant Ils: w1Benefits wlo Benefits
1. Hourly Rate Paid to Employee (must be
at least the living wage as above): $1 1.72
Minimum Health Benefit to Employee: $ 1.45
Itemized Employee Payroll TaxesICost
a. FICA* 6.20% Cost per hour: $ 0.76
b. MICA* 1.45% Cost per hour: $ 0.18
Attendant Ils Hourly Rate (No.BI + B2 = B3):$14.11
Attendant Ils
16,000
Hourly Rate =
$1 4.1 1 - - Attendant Ils Annual Cost
$209,760 (B) $225,760
C. Project Management- The successful Proposer shall provide a full-time on-site Project Manager with
experience handling the type of services requested by the City who will have full authority to act on
behalf of the Firm. The Project Manager shall be scheduled at the sole and absolute discretion of the
City and shall be available to respond to requests from the City, on an as needed basis, 24 hours a
daylseven days a week. Project Management includes but is not limited to any and all costs such as
salaries, FICA, MICA, unemployment insurance, workman's compensation, benefits, andlor any other
payroll costs. (C) $60.000
D. Sub-total Labor Costs to the City (Add lines A, B, and C): (D) $1 ,I 24,800
E. CONTRACT SERVICES ANNUAL COSTS:
El. Unemployment lnsurance
El + E2 + E3 + E4 = (E) $
The City recognizes that the Firm may have a mixture of employees that select either
"with benefits" or without benefits". The following format utilizes the "with Benefit"
hourly rate strictly for evaluation purposes.
Attendant Is:
w1Benefits: $10.72 x 64,000 hours x % Unemployment Rate = $
Attendant Ils
w1Benefits: $1 1.72 x 16,000 hours x % Unemployment Rate = $
Workman's Compensation
The City recognizes that the Firm may have a mixture of employees that select either
"with benefits" or without benefits". The following format utilizes the "with Benefit"
hourly rate strictly for evaluation purposes.
Attendant Is:
w1Benefits: $10.72 x 64,000 hours x % Workman Comp Rate = $
Attendant Ils:
w1Benefits: $1 1.72 x 16,000 hours x % Workman Comp Rate = $
Liability Insurance (a)+(b)+(c)= E3
(a) Comp Gen Liability -
(b) Automobile Liability -
(c) Theft of MoneyISurety $
February 9,201 1
RFP for Parking Attendants
Page 10 of 14
Overheadloperating Expenses
The successful proposer must provide, all items (1-24) listed in Section 6,
"Responsibility of the Firm" contained herein, in addition, including but not limited to
the following items (a-f) and include their annual cost in the space provided for each
item below. The cumulative total costs of items (Section B 1-24 and a-f below)
must be inserted in Line E4 above. Proposers must include any and all overhead and
operating costs in this section, including but not limited to, anv and all direct andlor
indirect costs related to providing the services contemplated in this solicitation. It
shall be incumbent upon the successful proposer to absorb any direct or indirect
overhead andlor operatinn costs not identified and included herein.
Human Resources Services - The successful proposer shall ensure the Firm's
recruitment, retention, and training efforts will result in trained and motivated
employees meeting the City's needs. Total:
Training - The successful proposer shall provide training, including but is not
limited to: Customer Service, Gated Revenue Control Equipment, and any other
training the City deems relevant and appropriate in its sole discretion.
Total:
Vehicles - The successful proposer must provide two (2) passenger vans or
comparable vehicles no older than the model year 2010 to transport contract
employees and/or equipment. Total:
Uniforms: At a minimum, the successful proposer must provide each employee with
sufficient uniforms to ensure each employee is in full uniform and said uniform is
neat, clean, and presentable, whenever the employee is scheduled to work.
Employees working three days a week or more shall be provided with a minimum of
three (3) full sets of uniforms. All uniforms shall be approved in the sole and absolute
discretion of the City.
Unit Cost per Set of Uniforms per Employee Total:
The successful proposer will provide umbrellas for all facilities scheduled with
contract employees and/or requested by the City. Any replacement umbrellas, due
to wear and tear, needed after the initial inventory has been installed, must also be
provided by the successful proposer. The type and design of all umbrellas shall be
approved in the sole and absolute discretion of the City.
Unit Cost per Umbrella Total:
$
February 9,201 1
RFP for Parking Attendants
Page11 of14
Any and all other overhead costs; direct and/or indirect costs related to providing the
services contemplated in this solicitation (please specify, if additional sheets are
necessary you must include any and all information on additional sheets)
Total:
$
Notes:
1. Any and all other expenses to the City above and beyond the fixed costs identified
above, including unemployment insurance {must include percentage (%) rate); workman's
compensation (must include percentage (%) rate); operating expenses; overhead; and
profit, must each be identified in the space provided. If there is additional itemization,
please add additional sheets as necessary, but do NOT alter the format of the Price
Proposal format. No revisions to your proposal, including the Price Proposal Form shall be
permitted after the submission deadline.
FICAIMICA is reflected at current rates.
Firm's Annual Profit - The successful proposer must provide their
total annual profit in this section.
IMPORTANT - SECTION "G" IS A SUB-TOTAL OF SECTION "E" FIRM'S CONTRACTED SERVICES
ANNUAL COSTS AND SECTION "F" ANNUAL PROFITS. SECTIONS "E" + "F" WlLL BE EVALUATED
AND RECEIVE A MAXIMUM OF 40 POINTS OUT OF 100 POINTS. IT IS IMPORTANT TO NOTE THAT THE
INFORMATION SUBMITTED IN SECTION "G" IS THE ONLY INFORMATION THAT WlLL BE USED TO
EVALUATE THE 40 POINTS OUT OF I00 POINTS.
G. Contracted Services Annual Costs and Annual Profit
(add lines "En + "F"): G. $
ADDITIONAL HOURS - ADDITIONAL PROFIT
The City wishes to reserve the right to purchase additional hours above and beyond those
included above. The successful proposer must include any additional profit (cost to the City),
if any, for these additional hours below. A formula is provided below to calculate the
potential additional profit. The values for the hourly rate; unemployment insurance
percentage (%); workman's compensation percentage (%) must be the same values
inserted in Sections A4 (hourly rate); El (unemployment insurance %); and E2 (Workman's
Compensation %, respectively.
Attendant Is
lSt Additional 6,000 hours
wlBenefits $1 0.72
wlo Benefits $12.17
2nd Additional 6,000 hours
wlBenefits $1 0.72
wlo Benefits $12.17
Above 76,000 Hours
wlBenefits $1 0.72
wlo Benefits $12.17
Profit (%)
- %
- %
February 9,201 1
RFP for Parking Attendants
Page 12 of 14
Attendant Ils
lSt Additional 2,000 hours
wlBenefits $1 I .72
wlo Benefits $13.17
2nd Additional 2,000 hours
wlBenefits $1 1.72
wlo Benefits $13.17
Above 20,000 Hours
wlBenefits $1 1.72
wlo Benefits $13.?7
Notes:
1. The City will reimburse: FICA; MICA; unemployment insurance; workman's
compensation based on rates provided in Section El and E2 above.
2. Profit rate will only be applied to the set of hourly wages as reflected above(not
to include payroll expenses) for the increment of hours purchased at the City's
sole discretion.
The City may also wish to provide the following services; therefore, the City reserves the right, in its
sole and absolute discretion, to purchase the following additional services. The following is for
informational purposes only and shall not be considered as a component of the evaluation
criteria.
a. Motorist Assistance Program (MAP) which includes but is not limited to flat
tire assistancelrepair, lock-out; fuel; battery jump start, andlor towing of the
vehicle to a service facility. $
b. Cardio Pulmonary Resuscitation (CPR) Certification for all contract
personnel. $
c. Mystery Shopper Reporting - An independent third party to perform a
minimum of ten (1 0) "Shopper" reports per month, system-wide. A sample
"Shopper" survey must be included in the Firm's proposal. Shopper reports
must specify that these are actual customers and must be documented visits
to one of the facilities where labor is provided. Telephone calls for
information or visitslinteraction with city staff is not permitted.
d. Compensation for Contract Employees - Provision an Employee
Recognition Program; Monthly Birthday Event (for all contract employees
with a birthday in each respective month). $
e: Fraud Prevention Program (FPP) -An FPP that provides a multi-pronged
approach to fraud prevention, including but not limited to, identifying and
measuring fraud risks; providing Certified Fraud Examiners; instituting a fraud
hotline; contracting independent external auditors to conduct classroom and
field honesty assessments; a Fraud InvestigationIFinancial Integrity Unit;
using case management and technology tools to identify potential and
existing fraud; and emphasizing cross-group collaboration andlor collusion.
d.
February 9, 201 1
RFP for Parking Attendants
Page 13 of 14
Proposers may wish to offer additional services not included herein.
Proposer should include any other services, including their costs in this
section. Please use additional sheets, if necessary
$
PRICE PROPOSAL SUMMARY
Attendant Is (FY 11112 -Year I ):
Hourly Annual Attendant Is
Annual Hours Rate
X
Cost
(A) $
Attendant Ils
Annual Hoursx
16,000
Hourly
Rate
x $1 4.1 1
Project ManagementAnnual Cost:
Labor Costs to the City (add lines A, B, and C): (D) $ 1,124,800
Contract Services Annual Costs:
Unemployment Insurance; Workman's Compensation; Liability Insurance; and all
overheadloperating Expenses: (E) $
Firm's Annual Profit:
Contracted Services Annual Costs and Profit
(add lines "EM + "F"):
Total Annual Cost to the City (add lines D + G):
Additional Hours - Additional Profit
I. Attendant Is
a. 1"' Additional 6,000 hours
wl Benefits:
WIO Benefits:
Profit %
b. 2nd Additional 6,000 hours
wl Benefits:
W/O Benefits:
c. Above 76,000 Hours
W/ Benefits:
wlo Benefits:
Attendant 11s
a. lSt Additional 2,000 hours
wl Benefits
wlo Benefits
February 9,201 1
RFP for Parking Attendants
Page 14 of 14
2nd Additional 2,000 hours
WI Benefits:
wlo Benefits:
Above -20,000 Hours
wl Benefits:
wlo Benefits:
CONCLUSION
The Administration recommends that the Mayor and City Commission provide comment and
direction relative to the scope of services, evaluation criteria, and minimum requirements; and
approve the issuance of the RFP.
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending Chapter 2 Of The Miami Beach City Code, Entitled "Administration," By
Amending Article Ill Thereof, Entitled "Agencies, Boards, And Committees," By Amending Division 9
Thereof, Entitled "Health Advisory Committee," By Amending Section 2-81 (D), Entitled "Composition," By
Amending The Membership Of The Board To Eliminate A Member From The South Shore Hospital And
Providing Under A New Subsection (D)(8) For Another Board Member Which May Be A Physician Or A
Private Individual; Providing For Repealer; Codification; Severability; And An Effective Date.
Key Intended Outcome Supported:
NIA
Supporting Data (Surveys, Environmental Scan, etc.): NIA
Issue:
Shall The Mayor And City Commission Amend The City Code By Amending Sec. 2-81(d) To
Eliminate A Member From South Shore Hospital And Add A Physician or Private Individual Member
To The Health Advisory Committee To Maintain The 11 Member Composition?
Item SummarylRecommendation:
SECOND READING PUBLIC HEARING
At the December 8,201 0 Commission Meeting, it was recommended to eliminate the requirement to have
a South Shore Hospital member, since the facility closed, and in turn, add a physician or private individual
member to keep the membership at 11 members.
The purpose of the Health Advisory Committee is to afford opportunities for private sector input and
recommendation for the future development of health care in our community.
The Health Advisory Committee holds regular meetings to review and advise the administration and the
Commission regarding all matters that relate to the efficient and balanced health care for the citizens and
visitors of the City.
1 The Administration recommends adopting the Ordinance.
Advisory Board Recommendation: I NIA
Financial Information:
City Clerk's Office Legislative Tracking: 1 Robert E. Parcher, Ext 6451
u
OBPl
AM1 BEACH
Account Source of
Funds:
3
Total
Financial Impact Summary:
I
Amount
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniamibeachfl.gov
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
/
FROM: Jorge M. Gonzalez, City Manager
SECOND READING
DATE: February 9, 201 1 PUBLIC HEARING
u
SUBJECT: AN ORDINANCE OF THE MAYOR AND ClN COMMISSION OF THE ClN
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI
BEACH CITY CODE, ENTITLED "ADMINISTRATION," BY AMENDING
ARTICLE Ill THEREOF, ENTITLED "AGENCIES, BOARDS, AND
COMMITTEES," BY AMENDING DIVISION 9 THEREOF, ENTITLED
"HEALTH ADVISORY COMMITTEE," BY AMENDING SECTION 2-81(d),
ENTITLED "COMPOSITION," BY AMENDING THE MEMBERSHIP OF THE
BOARD TO ELIMINATE A MEMBER FROM THE SOUTH SHORE HOSPITAL
AND PROVIDING UNDER A NEW SUBSECTION (D)(8) FOR ANOTHER
BOARD MEMBER WHICH MAY BE A PHYSICIAN OR A PRIVATE
INDIVIDUAL; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILIN; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
At the December 8, 201 0 City Commission Meeting, the Administration was requested to
delete the City Code reference to South Shore Hospital which is no longer in business.
There are two changes being proposed to the Health Advisory Committee. The first is to
delete the City Code reference to South Shore Hospital. The second change being
proposed, in order to keep the membership at eleven (1 1) members, is to add a new
category of "physician or private individual."
CONCLUSION
The purpose of the Health Advisory Committee is to afford opportunities for private
sector input and recommendation for the future development of health care in our
community.
The Health Advisory Committee holds meetings to review and advise the Administration
and the Commission regarding all matters that relate to the efficient and balanced health
care for the citizens and visitors of the City.
In order to keep the membership at eleven (1 1) members, it is recommended adding a
new category of "physician or private individual" to the committee composition.
JMGIREPllh
T:\AGENDAL!Ol ID-09-1 ?\Health Advisory Committee MEMO.docx
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MlAMl BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MlAMl BEACH
ClTY CODE, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill
THEREOF, ENTITLED "AGENCIES, BOARDS, AND COMMITTEES," BY
AMENDING DIVISION 9 THEREOF, ENTITLED "HEALTH ADVISORY
COMMITTEE," BY AMENDING SECTION 2-81(d), ENTITLED
"COMPOSITION," BY AMENDING THE MEMBERSHIP OF THE BOARD TO
ELIMINATE A MEMBER FROM THE SOUTH SHORE HOSPITAL AND
PROVIDING UNDER A NEW SUBSECTION (D)(8) FOR ANOTHER BOARD
MEMBER WHICH MAY BE A PHYSICIAN OR A PRIVATE INDIVIDUAL;
PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, non-profit South Shore Hospital on Miami Beach was sold to a for-profit development
company in 2004 and is no longer operating as a hospital; therefore eliminating the requirement to have a
member of the Health Advisory Committee ("Committee") representing South Shore Hospital; and
WHEREAS, due to the increased needs of the community relative to health-related issues, an
additional physician or private individual member should be added to the Committee to enable a member to
be selected for the vacancy left by the South Shore Hospital CEO and to keep the membership on the
Committee to eleven (1 1) members.
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MlAMl BEACH, FLORIDA AS FOLLOWS:
SECTION 1. AMENDMENTS TO SECTION 2-81(d) OF THE ClTY CODE.
That Section 2-81 (d) of Division 9, Article Ill, Chapter 2 of the Miami Beach City Code is hereby amended as
follows:
CHAPTER 2
ADMINISTRATION
ARTICLE Ill
Agencies, Boards, and Committees.
Division 9. Health Advisory Committee
Sec. 2-81. Established; purpose; powers and duties; composition.
(d) Composition. The committee shall consist of 11 voting members, appointed by the City Commission
at large, upon recommendation of the City Manager:
(1) Twe One members-shall be the chief executive officers (CEOs) or #@if &designated
administrators from 6 Mount Sinai Medical Center arr$ ScxM
(2) One member shall be the chief executive officer (CEO) from Stanley C. Myers Community
Health Center or his designated administrator.
(3) Two members shall be administrators from an adult congregate living facility (ACLF); andlor
an assisted living facility (ALF).
(4) One member shall be a representative from the nursing profession.
(5) One member shall be a health benefits provider.
(6) Twp members shall be physicians.
(7) Two members shall be consumers, consisting of one individual from the corporate level and
one private individual.
/8) One member shall be a phvsician or an individual with medical traininq or ex~erience.
SECTION 2. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of this
Ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the
sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the
word "ordinance" may be changed to "section" or other appropriate word.
SECTION 3. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILIN.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of ,2011.
PASSED and ADOPTED this 4gfh day of January of 2011.
ATTEST:
Matti Herrera Bower, Mayor
Robert E. Parcher, City Clerk
APPROVED AS TO
T:WGENDA\201 ?\I-19-1 l\Health Advisory Committee.docx
COMMISSION ITEM SUMMARY
Condensed Title:
Amendments to the Roofing Materials Ordinance.
Key Intended Outcome Supported: I Maintain strong growth management policies; Protect historic building stock
Supporting Data (Surveys, Environmental Scan, etc.):
While nearly half, 47.6%, suggested the effort put forth by the City to regulate development is
"about the right amount," nearly one-third, 29.6%, indicated "too little" effort is being put forth by the
City in this area.
Issue:
Should the City Commission adopt an Ordinance Amendment that modifies the review procedures for
certain types of roof materials on pre-1942 architecturally significant homes and 'non-contributing'
structures located in historic districts, while allowing for an expanded role of planning department staff in
the review process?
Item SummarylRecommendation:
SECOND READING: Over the last few years, concerns by property owners of architecturally significant
homes built prior to 1942 have been expressed to the DRB about the cost and length of time to approve
roof replacements. The proposed ordinance will give staff more latitude in reviewing and approving these
types of requests. The subject Ordinance was approved at first reading on December 8, 2010. On
January 19,201 1 the Ordinance was continued to a date certain of February 9,201 1. The Administration
recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation: I On June 1, 2010, the Design Review Board (DRB) passed a Resolution recommending an
amendment to the City Code to update the procedures and requirements for roof materials. On
September 27, 2010, the Land Use and Development Committee referred the Ordinance to the
Planning Board, with a favorable recommendation. On November 16, 2010, the Planning Board
transmitted the subject Ordinance to the City Commission, with a favorable recommendation.
On January 19, 2011, the City Commission referred the matter back to the Land Use and
Development Committee and the Historic Preservation Board, for additional comments and feedback
pertaining to proposed amendments to the Ordinance. The Land Use Committee is scheduled to
consider the matter on January 31,201 1 and the Historic Preservation Board is scheduled to consider
the matter on February 8,201 1.
Financial Information:
I
Financial Impact Summary:
The subject ordinance is not expected to have any fiscal impact.
City Clerk's Office Legislative Tracking:
Richard Lorber or Thomas Mooney
AMIBEACH AOEMDA lTEM Rs6
DATE 2-9'1)
February 9, 201 1
Commission Memorandum
Amendment to Roofing Materials Ordinance
Page 2 of 3
They are often composed of recycled material and can be used to achieve LEED
points.
They have a longer warranty than concrete or barrel tile.
They are generally the same price as concrete tile and less expensive than clay or
ceramic barrel tile.
They are readily available.
In order to ensure a careful balance between protecting the architectural and historic
integrity of the City's housing stock and neighborhood character, while addressing the needs
of homeowners, and allowing for more durable, sustainable and available roofing material,
the Ordinance adopted in 2007 included certain safeguards for eligible structures.
Specifically, for Architecturally Significant single family homes constructed prior to 1942,
approval from the Design Review Board (DRB) is required for roofing material other than flat
or barrel tile. For roofing on new construction or existing non-contributing structures in local
historic districts, approval from the Historic Preservation Board (HPB) is required. Metal
roofs are prohibited on contributing structures and on any historic structure designed in the
Mediterranean Revival style of architecture. Additionally, criteria was established for the
relevant Boards, as well as the Planning Department, to follow when evaluating metal roof
requests.
Over the last few years, concerns have been expressed by owners of Architecturally
Significant single family homes built prior to 1942, with regard to the cost and length of time
a hearing before the DRB takes, just to replace a roof. In order to address this concern, at
the direction of the DRB, the proposed Ordinance Amendment has been drafted, which
would give more latitude to staff in applying the roofing material criteria to pre-1942 homes,
as well as non-contributing structures within historic districts.
On September 27,201 0, the Land Use and Development Committee referred the Ordinance
to the Planning Board, with a favorable recommendation.
PLANNING BOARD ACTION
On November 16, 2010, the Planning Board transmitted the subject Ordinance to the City
Commission, with a favorable recommendation, by a 5-1 vote.
FISCAL IMPACT
The proposed ordinance is not expected to have a fiscal impact upon the City.
SUMMARY
The City Commission approved the Ordinance at First Reading on December 8, 2010,
subject to minor text changes that clarify the role of staff in the approval process. At Second
Reading, on January 19, 2011, additional amendments were proposed to the subject
Ordinance. The Commission continued the item to a date certain of February 9, 201 1 and
referred the item to the Land Use and Development Committee and Historic Preservation
Board, for additional comment and feedback.
The Land Use Committee referred the changes proposed at the January 19, 2011
Commission Meeting to the Planning Board as a separate amendment. It is anticipated that
these changes will be further refined and come back before the Commission at a future date
as a separate Ordinance amendment. The Historic Preservation Board will review the
Ordinance at their February 8, 201 1 meeting.
February 9, 201 I
Commission Memorandum
Amendment to Roofing Materials Ordinance
Page 3 of 3
The Administration is confident that the proposed ordinance will address the issues and
concerns identified by the DRB and result in a more streamlined approval process for single
family home owners.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed Ordinance.
T:\AGENDA\2011\1-19-Il\Roofing Materials 2010 - MEM 2 PH.docx
Roofing Materials
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MlAMl BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE ClTY OF
MlAMl BEACH, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS", ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS", SECTION 142-
875 "ROOF REPLACEMENTS" TO MODIFY AND EXPAND THE
REQUIREMENTS FOR ROOFING MATERIALS IN ALL DISTRICTS;
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach continually seeks to update and clearly define the
requirements of the Land Development Regulations of the Code of the City of Miami Beach as they
pertain to zoning districts and regulations; and
WHEREAS, the City of Miami Beach recognizes the benefits of alternative roofing materials
in terms of maintenance, durability, sustainability, energy efficiency and availability; and,
WHEREAS, the City of Miami Beach has adopted regulations pertaining to replacement and
construction of pitched roofs; and,
WHEREAS, the City of Miami Beach desires to expand, modify and clarify the requirements
for new and replacement roofing materials for pitched roofs; and,
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MlAMl BEACH, FLORIDA.
SECTION 1. That Chapter 142, Entitled "Zoning Districts and Regulations", Article IV, Entitled
"Supplementary District Regulations ", Division 1, Entitled "Generally" of the Land Development
Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 142-875. Roof replacements and new roofs.
(a) In all districts, except locally designated historic districts, sites or structures, the new
construction, repair or replacement of any pitched roof shall consist of flat or barrel tile, which shall
be composed of concrete, clay or ceramic material. Metal roofing systems may be proposed for new
construction, existing multi-family and townhome structures, existing commercial buildings, single
family homes constructed after 1942, and nonarchitecturally significant single family homes
constructed prior to 1942, and shall be subject to the review and approval of the planning
department, in accordance with the following criteria:
(1) The same style, design and material shall be required for the main structure and all
accessory structures when located on the same property.
(2) The color of the roof shall be neutral and shall not overwhelm or cause the roof to stand out
in a significant manner.
(3) The design, details, dimensions, surface texture and color shall be consistent with the
architectural design, style and composition of the structure.
(4) The design, details, dimensions, surface texture and color shall be consistent with the
established scale, context and character of the surrounding area.
For architecturallv significant single familv homes constructed prior to 1942, the planning director, or
designee, mav approve a metal roofing svstem if it is determined that the scale, massing and design
of the subiect home can accommodate a metal roofing svstem, and that the metal roofing svstem
will not negatively impact the established architectural context of the immediate area. Such review
bv the planning director, or designee, shall be subiect to the criteria in subsections (1)-(4) above.
The appeal of any decision of the planning department under this section shall be to the design
review board, in accordance with chapter 11 8, article VI of these land development regulations. The
review by the design review board, either bv appeal or if the metal roofing svstem does not qualify
for planning director approval as provided above, shall also be pursuant to the criteria in subsections
/I )-(4) above.
(b) Within any locally designated historic district, site or structure, the new construction, repair or
replacement of any pitched roof shall consist of flat or barrel tile, which shall be composed of
concrete, clay or ceramic material. The use of metal roofing systems on new construction emastmg . . shall require the review and approval of the historic preservation board,
in accordance with the criteria in subsections (a)(l)-(4) above and chapter 11 8, article X of these
land development regulations. Metal roofing systems shall not be permitted on contributing
buildings. The use of metal roofing svstems on existing non-contributing structures mav be reviewed
and approved bv the planning director, or designee, in accordance with the criteria in subsections
(a)(l)-(4) above and chapter 1 18, article X of these land development regulations, if it is determined
that the scale, massing and design of an existinn non-contributing structure can accommodate a
metal roofing svstem, and that the metal roofing svstem will not negatively impact the established
historic and architectural context of the immediate area. The appeal of anv decision of the planning
department under this subsection shall be to the historic preservation board. The review bv the
historic preservation board, either bv appeal or if the metal roofing svstem does not qualifv for
planning director approval as provided above, shall also be pursuant to the criteria in subsections
la)(? 144) above, and section 1 1 8-564.
(c) Notwithstanding the above, for those structures constructed and substantially maintained in
the Mediterranean revival or mission style of architecture, only concrete, clay or ceramic tile may be
utilized. For purposes of this subsection, Mediterranean revival or mission architecture shall be
defined as those structures built between 191 5 through 1942 and characterized by, but not limited
to, stucco walls, low pitch terra cotta or historic Cuban tile roofs, arches, scrolled or tile capped
parapet walls and articulated door surrounds, or Spanish baroque decorative motifs and classical
elements.
(d) Notwithstanding the above, in the event a material other than flat or barrel tile was permitted
for a pitched roof in any district, such roof may be replaced with the same material, subject to the
criteria in subsection (a) above.
(e) For those structures which contain historic Cuban barrel tiles, such tiles shall be retained and
preserved, subject to the provisions of the applicable building codes.
(9 No variances from any of these provisions shall be granted. However, in the event that the
building official determines that limitations exist regarding the load capacity of an existing roof, a
roofing material other than concrete, clay or ceramic tile may be approved by the planning
department for any type of structure, in accordance with the criteria specified in subsections 142-
875(a)(l)--(4) above.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Code of
the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other
appropriate word.
SECTION 3. REPEALER.
:. All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this day of ,2011.
MAYOR
ATTEST:
CITY CLERK
First Reading: December 8, 201 0
Second Reading: January 19,201 1
Verified by:
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
1 2/30/20 1 0
APPROVED AS TO
T:\AGENDA\2011\1-19-1 l\Roofing Materials 2010 - ORD 2 PH.docx
CITY OF MIAMI BEACH
NOTICE PUBLIC HEARINGS
NOTICE IS HEREBY given that secorid readings-and public hearings will be
held by the Mayor and City Commission of the City of Miami Beach, Florida,
in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center
Drive, Miami Beach, Florida, on Wednesday, January 19, 2011, to consider
the following:
10:20 a.m.
Roofing Materials
An Ordinance Amending The Land Development Regulations Of The Code
Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts
And Regulations", Article IV, "Supplementary. District Regulations ", Section
142-875 "Roof Replacements" To Modify And Expand The Requirements For
Roofing Materials In All Districts.
.Inquiries may be directed to the Planning Department (305) 673-7550.
10:25 a.m.
Lincoln Road Sign District
An Ordinance Amending The Land Development Regulations Of The Code
Of The City Of Miami Beach, By Ainending Chapter 138, Entitled "Signs". ,
By Amending Article V, Entitled "Sign Regulations By-District", By Amending
Section 138-1 73 To Modify The Requirements For The Lincoln Road Signage
District1 O:25 a.m.
Inquiries may be directed to the Planning Department (305) 673-7550. I
10:30 a.m.
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending
Chapter 106, "Traffic And Vehicles," Article 11, "Metered Parking," Division 1,
"Generally" Section 106-55 (h)(2), "Permanent Parking Space Removal" To
Amend The Criteria And Procedure For Permanent Parking Space . Or :, Loading
Zone Removal.
inquiries may be directed to the Parking Department (305) 673-7275.
INTERESTED PARTIES are invited to appear at this meeting or be represented
by an agent orto express their views in writing addressed to the City Commission
C/O the City Clerk, 1700 Convention Center Drive, 1* Floor, City Hall, Miami
Beach, Florida 331 39. This meeting may be opened and continued and under
such circumstances additional legal notice would not be provided. .
Robert E. Parcher, City Clerk
. City of Miami Beach
Pursuant to Section 286.01 05, FL Statutes, the City hereby advises the public
that: if a person decides to appeal any decision made by the City Commission
with respect to any matter considered at its meeting or its hearing, such person
must ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
This notice does not constitute consent by the City for the introduction or
admission of otherwise inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing
special accommodation to participate in this proceeding, or to request information
on access for persons with disabilities, or to request this publication in accessible
format, or to request sign language interpreters, should contact the City Clerk's . office at (305) 673-741 1, no later than four days prior to the proceeding. If hearing
impaired, contact the City Clerk's office via the Florida Relay Service.numbsd
, . * * .<-"*' (800)t955-8;rr/l 0 or (800) 955-8770 (VOl$l&f@y#c€@s ; .aA_..-.* ^*.A: *.
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance establishing regulations and criteria for commercial loading in areas that are in close
proximity to residential areas; providing for civil fines, appeal process, repealer, severability, and an
effective date.
Key Intended Outcome Supported:
Improve Parking Availability; Maintain Financial Health and Overall Bond Rating.
Supporting Data (Surveys, Environmental Scan, etc.): 74% of residents and 72% of businesses rate
the availability of parking across the City as too little or much too little. Availability of parking was one of
the changes residents identified to Make Miami Beach better to live, work or play. -
Issue:
Whether to approve on first reading an ordinance establishing commercial loading regulations in areas
that are in close proximity to resident uses?
Item Summary1Recommendation:
On January 19, 201 1, the Mayor and City Commission approved the ordinance amendment on first
reading and further amended the ordinance on the floor to include a "written warningn issued for first
offenses.
On September 15, 2010, the Mayor and Commission referred item R5L to the Land Use and
Development Committee for further discussion. The referral was granted based upon a request from
the Ocean Drive Association regarding concerns with various components of the proposed ordinance.
Subsequently, the Administration met with representatives of the Ocean Drive Association and their
legal counsel to address their concerns regarding operational and enforcement issues. Please note
that the proposed ordinance authorizes the City Manager or his designee to designate certain hours for
commercial loading and conversely prohibit commercial loading during certain hours. The prohibition of
commercial loading is intended to address nuisances that may take place adjacent residences. The
following operational and enforcement policies were agreed upon by both the Administration and the
ODA to provide more equitable operational and enforcement provisions for both the entertainment
districts and residents. These are: signs prohibiting commercial loading shall be prominently displayed
on the affected blocks providing commercial establishments with notification of the regulations;
commercial loading shall be prohibited during the following hours: 11 :00 PM to 7:00 AM; the civil fines
first offense shall be a "Warning"; the Administration shall seek input from the Transportation and
Parking Committee (TPC) regarding any amendments to aforementioned policies.
FISCAL IMPACT - The Parking Department and Code Compliance
enforcement provision of this proposed City Code amendment. There i $12,679.38. This estimate is comprised of $7,204.82 by Code
Parking Department. This estimate is based on a formula utilizing
personnel and four (4) hours of Parking Enforcement personnel weekly (and then
their mid-point salary range. This shall likely be partially offset by revenues
citations; code violations; and special master hearingslassessments.
I Approve on Second Reading and Final Public Hearing. I
Advisory Board Recommendation:
1 The Land Use and Development Committee endorsed the proposed ordinance at its November 22,2010 meeting I I and the Transportation and Parking Committee endorsed it at its December 13,2010 meeting.
-
Financial Information:
I I I Source of
T:
AGENDA ITEM
DATE .-
Account I
Funds:
OBPl
Approved Amount
I
Total I
I
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
[ Saul Frances, Parking Director
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miarnibeachfl.gov
COMMISSION MEMORANDUM
SUBJECT:
TO: Mayor Matti H. Bower and Membe
FROM: Jorge M. Gonzalez, City Manager
DATE: February 9, 201 1 SECOND READING AND
FINAL PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 106, ENTITLED
"TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED
"METERED PARKING," BY AMENDING DIVISION 1, ENTITLED
"GENERALLY," BY AMENDING SECTION 106-47, ENTITLED
"FREIGHT, COMMERCIAL, AND PASSENGER CURB LOADING
ZONES; HOURS, DELIVERIES" BY AMENDING COMMERCIAL
DELIVERY REGULATIONS AND PROVIDING RELIEF TO
RESIDENTIAL AREAS IN CLOSE PROXIMITY TO COMMERCIAL
OPERATIONS WITH LATE HOUR DELIVERIES AND SIMILAR
HABITUAL SOURCES OF NOISE; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and Commission approve the amendment of the
ordinance at the second reading and final public hearing.
FIRST READING AMENDMENTS -JANUARY 19,2011
On January 19,201 1, the Mayor and City Commission approved the ordinance amendment on first
reading and further amended the ordinance on the floor to include a "written warning" issued for first
offenses. The Mayor and City Commission unanimously approved the ordinance at first reading.
BACKGROUND:
On September 15, 2010, the Mayor and Commission referred item R5L to the Land Use and
Development Committee for further discussion. The referral was granted based upon a request from
the Ocean Drive Association regarding concerns with various components of the proposed ordinance.
Subsequently, the Administration met with representatives of the Ocean Drive Association and their
legal counsel to address their concerns regarding operational and enforcement issues. Please note
that the proposed ordinance authorizes the City Manager or his designee to designate certain hours
for commercial loading and conversely prohibit commercial loading during certain hours. The
prohibition of commercial loading is intended to address nuisances that may take place adjacent to
residences. The following operational and enforcement policies were agreed upon by both the
February 9,201 1
Commercial Deliveries Ordinance
Second Reading and Final Public Hearing
Page 2 of 3
Administration and the ODA to provide more equitable operational and enforcement provisions for
both the entertainment districts and residents. These are:
Signs prohibiting commercial loading shall be prominently displayed on the affected blocks
providing commercial establishments with notification of the regulations.
Commercial loading shall be prohibited during the following hours: 11:OO PM to 7:00 AM.
The civil fines first offense shall be a "Warning".
The Administration shall seek input from the Transportation and Parking Committee (TPC)
regarding any amendments to aforementioned policies.
The Land Use and Development Committee endorsed the ordinance at its November 22,2010 meeting
and the Transportation and Parking Committee endorsed it at their December 13, 2010 meeting. It
should also be noted that the ODA was very cooperative and instrumental in alleviating some of the
commercial loading nuisances which were occurring from one particular establishment on the 1400 block
of Ocean Drive. The ODA was successful in having the corporate offices of this particular establishment
alter their delivery route in effort to have this establishment receive commercial deliveries during normal
business hours.
PROPOSED COMMERCIAL LOADING MUNICIPAL ORDINANCE
The City Attorney's Office and the Administration met and drafted the following proposed amendment to
the City Code, creating a new section restricting commercial deliveries in areas where residents live in
close proximity to commercial operations with late hour deliveries and similar habitual sources of noise.
This ordinance is directed at the business venues accepting deliveries outside of the specified hours. It
should be noted that delivery vehicles and drivers will continue to be cited under the existing traffic
regulations.
Sec. 106-47. Freight, commercial and passenger curb loading zones; hours, deliveries.
(a) The city manager or his designee is hereby authorized to designate any street freight,
commercial and passenger curb loading zones during such hours as such officials, in
their discretion, may direct.
(b) Freight, commercial and passenger curb loading zone regulations, including as posted by
sign, may be enforced, in addition to the procedures provided in this chapter, against
property owners andlor businesses which accept services or deliveries from vehicles
violating such regulations.
(c) Civil fine for violators. The following civil fines shall be imposed for a
violation of this section:
(1) First offense.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Written Warning
(2) Second offense (within one year of the first offense) $ 150.00
(3) Third offense (within one year of first offense) $ 300.00
(4) Fourth or more offenses (within one year of the first offense) $ 600.00
(d) Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal.
February 9,201 1
Commercial Deliveries Ordinance
Second Reading and Final Public Hearing
Page 3 of 3
(1) A violator who has been served with a notice of violation shall elect either to:
a. Pay the civil fine in the manner indicated on the notice of violation; or
b. Request an administrative hearing before a special master to appeal the notice of
violation within 10 days of the issuance of the notice of violation.
(2) The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in
sections 30-72 and 30-73.
(3) If the named violator after notice fails to pay the civil fine, or fails to timely request an administrative
hearing before a special master, the special master shall be informed of such failure by report from the
code compliance officer. Failure of the named violator to appeal the decision of the code compliance
officer within the prescribed time period shall constitute a waiver of the violator's right to administrative
hearing before the special master. A waiver of the right to an administrative hearing shall be treated as
an admission of the violation, and fines and penalties may be assessed accordingly.
(4) Any party aggrieved by a decision of a special master may appeal that decision to a court of
competent jurisdiction.
(e) Enforcement. The code enforcement department or parking department shall enforce the
provisions of this section. This shall not preclude other law enforcement agencies or regulatory bodies
from any action to assure compliance with this section and all applicable laws. If a parking enforcement
specialist or a code compliance officer finds a violation of this article, the parking enforcement specialist
or the code compliance officer shall issue a notice of violation to the violator as provided in chapter 30 of
this Code, as may be amended from time to time. The notice shall inform the violator of the nature of the
violation, amount of fine for which the violator is liable, instructions and due date for paying the fine,
notice that the violation may be appealed by requesting an administrative hearing within ten days after
service of the notice of violation and that failure to appeal the violation within the ten days, shall
constitute an admission of the violation and a waiver of the right to a hearing.
FISCAL IMPACT
The Parking Department and Code Compliance Division are charged with the enforcement provision of
this proposed City Code amendment. There is an estimated fiscal impact of $1 2,679.38. This estimate
is comprised of $7,204.82 by Code Compliance and $5,474.56 for the Parking Department. This
estimate is based on a formula utilizing four (4) hours of Code Compliance personnel and four (4) hours
of Parking Enforcement personnel weekly (and then annualized) utilizing their mid-point salary range.
This shall likely be partially offset by revenues generated from parking citations; code violations; and
special master hearings/assessments.
CONCLUSION
The CityAttorney7s Office and the Administration recommend that the Mayor and Commission approve
the ordinance on second reading and final public hearing.
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MlAMl BEACH, FLORIDA, AMENDING THE CODE OF THE ClTY OF
MlAMl BEACH, BY AMENDING CHAPTER 106, ENTITLED "TRAFFIC
AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED
PARKING," BY AMENDING DIVISION I, ENTITLED "GENERALLY," BY
AMENDING SECTION 106-47, ENTITLED "FREIGHT, COMMERCIAL,
AND PASSENGER CURB LOADING ZONES; HOURS, DELIVERIES" BY
AMENDING COMMERCIAL DELIVERY REGULATIONS AND PROVIDING
RELIEF TO RESIDENTIAL AREAS IN CLOSE PROXIMITY TO
COMMERCIAL OPERATIONS WITH LATE HOUR DELIVERIES AND
SIMILAR HABITUAL SOURCES OF NOISE; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, residents of the North Ocean Drive area and other areas of the City have
expressed concerns about businesses that have late night commercial deliveries and the negative
impact that this causes to nearby residents; and
WHEREAS, the Land Use and Development Committee met on May 27, 2010 and
subsequently on July 26, 2010 and held extensive discussion on the item and directed the City
Attorney's Office and the Administration to develop a municipal ordinance relating to commercial
deliveries in areas where iesidents live in close proximity to commercial operations with late hour
deliveries and similar habitual sources of noise; and
WHEREAS, the Parking Department and Code Compliance Division would be charged with
enforcing these proposed commercial delivery regulations when a property owner accepts any
deliveries in violation of the posted commercial delivery regulations.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MlAMl BEACH, FLORIDA, AS FOLLOWS:
SECTION I. Chapter 106, "Traffic and Vehicles," Article 11, "Metered Parking," Division 1,
"Generally," Section 106-47, "Freight and passenger curb loading zones," of the Code of the City of
Miami Beach, Florida, is hereby amended as follows:
CHAPTER 106
TRAFFIC AND VEHICLES
ARTICLE II. METERED PARKING
DIVISION I. GENERALLY
* * *
Sec, 106-47. Freight, commercial, and passenger curb loading zones; hours, deliveries.
@J The city manager or his designee is hereby authorized to
designate any street freight, commercial, an--;"ones as permissible
automobile parking areas during such hours as such officials, in their discretion, may direct.
[b) Freight, commercial, and passenger curb loading zone regulations, including as posted
bv siqn, mav be enforced, in addition to the procedures provided in this chapter, against property
owners and/or businesses which accept services or deliveries from vehicles violating such
regulations.
{c) Civil fine for violators. The following civil fines shall be imposed for a violation of this
section:
(1) First offense Warninq
(2) Second offense (within one vear of the first offense) $150.00
(3) Third offenses (within one vear of the first offense) $300.00
(4) Fourth or more offenses (within one vear of the first offense) $600.00
(d) Enforcement. The code enforcement department or parking department shall enforce
the provisions of this section. This shall not preclude other law enforcement agencies or regulatory
bodies from anv action to assure compliance with this section and all applicable laws. If a parkinq
enforcement specialist or a code com~liance officer finds a violation of this article, the parkinq
enforcement specialist or the code compliance officer shall issue a notice of violation to the violator
as provided in chapter 30 of this Code, as rnav be amended from time to time. The notice shall
inform the violator of the nature of the violation, amount of fine for which the violator is liable,
instructions and due date for paving the fine, notice that the violation mav be appealed bv requesting
an administrative hearing within ten davs after service of the notice of violation and that failure to
appeal the violation within the ten davs, shall constitute an admission of the violation and a waiver of
the right to a hearing.
[e) Rights of violators: payment of fine: right to appear; failure to pav civil fine or to appeal.
[I) A violator who has been served with a notice of violation shall elect either to:
a. Pav the civil fine in the manner indicated on the notice of violation: or
b. Request an administrative hearing before a special master to appeal the
notice of violation within 10 days of the issuance of the notice of violation.
(2) The procedures for appeal by administrative hearing of the notice of violation
shall be as set forth in sections 30-72 and 30-73.
13) If the named violator after notice fails to pay the civil fine, or fails to timely request
an administrative hearing before a special master, the special master shall be
informed of such failure bv report from the code compliance officer. Failure of the
named violator to appeal the decision of the code compliance officer within the
prescribed time period shall constitute a waiver of the violator's right to administrative
hearinq before the special master, and be treated as an admission of the violation,
and fines and penalties mav be assessed accordinglv.
J4) Anv partv aggrieved bv a decision of a special master mav appeal that decision to
a court of competent iurisdiction.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Code of
the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other
appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (1 0) days following adoption.
PASSED AND ADOPTED this day of January, 201 1.
MATT1 HERRERA BOWER
MAYOR
ATTEST:
ROBERT PARCHER, CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Underline denotes new language
T:\AGENDA\2011Wanuaryl9\Regular\Cornrnercial Deliveries Ordinance First Reading rev.ord.doc
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 70 of the Miami Beach City Code entitled "Miscellaneous Offenses" by amending Article Ill,
entitled "Graffiti", by amending Division I, entitled "Generally", by amending Section 70-126, entitled "Responsibility of
Property Owner(s) to Remove Graffiti; Graffiti Removal and Notice; Enforcement", by amending the responsibilities of
property owners with regard to the abatement of graffiti and amending enforcement provisions.
Key Intended Outcome Supported:
I Ensure Well Maintained Infrastructure; Ensure Compliance with Code Within Reasonable Time Frame; Improve Cleanliness I
of Miami Beach Rights of Way Especially in ~usiness Areas; & Increase Resident Satisfaction With Level of Code
Enforcement
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Environmental Scan shows that the Number of Warning
Notices for Property Maintenance Decreased by 49% and the Overall City Cleanliness Score improved by 16.9% when
compared to the 2005106 Base Year. The 2009 Community Survey Suggests that 64% of residents and 68% of businesses
rated the level of code enforcement and ordinances as excellent or good.
Issue: - - - -- - - I Shall the Mayor and the City Commission Approve The Amendments to the Ordinance?
Item Summary1Recommendation:
1 SECOND READING I PUBLIC HEARING
During the March 18, 2009 City Commission meeting, the Commission referred the Graffiti Ordinance to the
NeighborhoodslCommunity Affairs Committee (NCAC) for further discussion on possible amendments to address graffiti
acid-etched on glass. Potential options to handle remediation of acid-etched graffiti on glass were discussed at the May 18,
2009 and June 17,2009 NCAC meetings. The Committee moved the item forward for development of amendment language
to require private property owners to remove or remediate acid-etched graffiti on glass with a standard (e.g. % of surface
defaced) to be determined by the Administration. Additionally, the City Attorney's Office was directed to explore whether
obscene and offensive materials could be given a heightened requirement for removal. There was also discussion regarding
extending the time to abate acid-etched graffiti.
During first reading of the ordinance at the City Commission meeting on October 14, 2009, there was an amendment made
to delay enforcement of the abatement requirements for acid-etched graffiti on glass for at least a year, in light of the current
economic climate and the potential costs. The item was approved on first reading on October 14, 2009. However, following
the first reading, the City Attorney's Office advised the Administration that they had concerns with the deferred effective date
for enforcement. The item was opened and continued a number of times from December 2009 through June 2010. At the
June 9, 2010 City Commission meeting, the Administration recommended that the proposed ordinance be opened and
continued to December 8, 2010 for second reading so that the ordinance would go into effect in January, 201 1, as was the
desire of the Commission.
Since it had been a year and a half since the NCAC last heard this item, and over a year since the City Commission
considered this item at first reading, at the December 8, 2010 City Commission meeting, the Administration recommended
referring this item back to the NCAC at its December 14, 2010 meeting for further discussion. At the December 14, 2010
NCAC meeting, the Committee approved moving the discussion for first reading at the January 19, 201 1 City Commission
meeting, where it was approved on first reading.
Advisory Board Recommendation:
NeighborhoodslCommunity Affairs Committee (NCAC) on May 18, 2009, June 17, 2009. Original First Reading on October
14, 2009. Heard at December 8, 2010 Commission Meeting and referred back to NCAC. Approved at December 14, 2010
NCAC.
Financial Information: I Source of Funds: Amount Account I
OBPl I Total I
( Financial Impact Summary: The proposed amendment is expected to have a minimal fiscal impact. The City will not be 1 I abating acid-etched graffiti on private property and fines are not automatic and would only be assessed through the Special I I Master process. I
AOENQA ITEM
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: February 9,201 1
SECOND READING 1 PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE MIAMI BEACH
CITY CODE ENTITLED "MISCELLANEOUS OFFENSES"; BY AMENDING
ARTICLE Ill, ENTITLED "GRAFFITI"; BY AMENDING DIVISION I, ENTITLED
"GENERALLY"; BY AMENDING SECTION 70-1 26, ENTITLED "RESPONSIBILITY
OF PROPERTY OWNER(S) TO REMOVE GRAFFITI; GRAFFITI REMOVAL AND
NOTICE; ENFORCEMENT" BY AMENDING THE RESPONSIBILITIES OF
PROPERTY OWNERS WITH REGARD TO THE ABATEMENT OF GRAFFITI AND
AMENDING ENFORCEMENT PROVISIONS; PROVIDING FOR REPEALER;
SEVERABILIN; CODIFICATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
During the March 18, 2009 City Commission meeting, the Commission referred the Graffiti
Ordinance to the Neighborhoods/Community Affairs Committee (NCAC), for further discussion
on possible amendments to address graffiti acid-etching on glass. Potential options to handle
remediation of acid-etched graffiti on glass were discussed at the May 18,2009 and June 17,
2009 NCAC meetings. The Committee moved the item forward for development of
amendment language to require private property owners to remove or remediate acid-etched
graffiti on glass with a standard (e.g. % of surface defaced) to be determined by the
Administration. Additionally, the City Attorney's Office was directed to explore whether
obscene and offensive materials could be given a heightened requirement for removal. There
was also discussion regarding extending the time to abate acid-etched graffiti.
During first reading of the ordinance at the City Commission meeting on October 14, 2009,
there was an amendment made to delay enforcement of the abatement requirements for acid-
etched graffiti on glass for at least a year, in light of the current economic climate and the
potential costs. The item was approved on first reading on October 14, 2009. However,
following the first reading, the City Attorney's Office advised the Administration that they had
concerns with the deferred effective date for enforcement. The item was opened and
continued a number of times from December 2009 through June 2010. At the June 9,2010
City Commission meeting, the Administration recommended that the proposed ordinance be
opened and continued to December 8,2010 for second reading so that the ordinance would
go into effect in January, 201 1, as was the desire of the Commission.
Since it had been a year and a half since the NCAC last heard this item, and over a year since
the City Commission considered this item at first reading, at the December 8, 2010 City
Commission meeting, the Administration recommended referring this item back to the NCAC
at its December 14, 2010 meeting for discussion, and then back to the City Commission on
January 19, 2011 for First Reading. At the December 14, 2010 NCAC meeting, the
Committee approved moving the discussion for first reading at the January 19, 201 1 City
City Commission Memorandum
February 9, 201 I
Amendment regarding Acid-etched Graftiti
Page 2 of 4
Commission meeting.
BACKGROUND
Durina the March 18, 2009 City Commission meeting, the Commission referred the Graffiti
ordinance to the NCAC for further discussion of amendments, including the issue of
requirements for property owners that are the victims of graffiti acid-etching on glass. While
discussing the potential options to handle remediation of graffiti acid-etching on glass at the
May 18, 2009 NCAC meeting, it was discussed that other options exist beyond the
replacement of the affected glass. The Committee requested the discussion return to the
NCAC with more information on the removal and prevention of acid-etched graffiti on glass.
In addition, the 2009 Environmental Scan shows that the Number of Warning Notices for
Property Maintenance Decreased by 49% and the Overall City Cleanliness Score improved by
16.9% when compared to the 2005106 Base Year. The 2009 Community Survey Suggests that
64% of residents and 68% of businesses rated the level of code enforcement and ordinances
as excellent or good.
ANALYSIS
During the June 17,2009 NCAC meeting, the Committee reviewed and discussed additional
information provided by staff. This included the information below regarding prevention,
removal and replacement.
Prevention
Two (2) south Florida companies were identified that offer anti-graffiti films that can be
placed on the glass to serve as an external (sacrificial) barrier. Typically, these anti-
graffiti films use a different adhesive than other types of protective films and do not
require scraping to remove the film from the glass. This helps avoid scratches to the
glass during the removal process. At that time, installation costs from local companies
varied from $4 - $9 per square foot (sf). This cost variation is due to the cost of the
materials (which is based on the manufacturer), the thickness of the film, the total
amount of glass being covered, and the company doing the installation. Vendors
claimed that added benefits of utilizing this type of barrier include blocking heat, glare,
and a high percentage of damaging ultraviolet rays. Based on the pricing as
described above, the cost to cover a 4x8 sheet of glass would vary from $128 to $288.
Removal
Three (3) south Florida companies were identified that offer services to remove acid-
etched graffiti from glass. The three (3) companies all stated they were able to
remove acid-etchings, free of distortion, on almost any kind of acrylic or glass surface,
including tempered glass. While all three companies quoted an hourly rate ranging
from $65 - $80, there was a substantial difference in the amount of time estimated to
complete a similar job. In the example provided to the vendors, assuming a window
with dimensions of 4x8 is defaced with acid-etching of one foot high letters covering a
length of four feet across, two (2) of the companies estimated 1-2 hours for removal,
while the third estimated 6 hours for removal. Based on the above pricing, the cost to
treat the glass would vary between $97.50 (1.5 hours x $65) and $390 (6 hours x $65).
Replacement
Four (4) local glass replacement companies were contacted and asked to provide an
estimate to replace a 4x8 sheet of glass. Estimates for non-impact resistant glass
ranged from $380 - $480, while impact resistant glass replacement estimates ranged
from $1,440 - $1,600.
City Commission Memorandum
February 9, 201 I
Amendment regarding Acid-etched Graffiti
Page 3 of 4
Staff also found that minimum charges are $50 - $75 for glass restoration, and response time
from the repair companies is two (2) to three (3) business days.
The Committee moved the item forward with a recommendation for the development of a
requirement to remove or remediate acid-etched graffiti on glass tied to a standard that
incorporates a formula, such as when greater than 25% of the glass surface (or some
designated square footage to be determined by the Administration) was damaged by acid-
etched graffiti. Additionally, the Administration was to explore whether the City can utilize the
Building Department's application fee excess funds to subsidize the cost of installing
protective film for business owners, and the City Attorney's Office was to explore the
possibility, under the First Amendment, if obscenity and offensive symbols could be given a
heightened requirement for removal (e.g. must be remediated faster). There was also
discussion regarding extending the time given to the affected property owner to abate acid-
etched graffiti on glass, since coordinating the abatement might require more time than, for
example, painting over graffiti. The time for compliance regarding acid-etched graffiti is
extended in the proposed ordinance from seven (7) to twenty (20) business days for
commercial property, and from ten (1 0) to thirty (30) days for non-commercial property.
The current graffiti ordinance was not intended to provide fines for failure by a property owner
to remediate graffiti within the required period. In instances when the graffiti is paint or
marker, and it has not been removed within the required time (7 days commercial; 10 days
residential), the City will remediate the graffiti and bill the private property owner. However,
there are unique instances when City staff remediation of painted graffiti may not be possible
or advisable. In the case of acid-etched glass graffiti on private property, the City will not
remediate this type of graffiti. As such, as an avenue to compel compliance for removal of
acid-etched glass graffiti, or those unique circumstances when remediation of typical graffiti
may not be possible by City staff, it is proposed that non-compliance of graffiti remediation as
required by ordinance be handled through the Special Master process, and fines under
Chapter 30 would apply as provided for in the amended language in 70-125(f).
Additionally, the City Attorney's Office has advised that a different standard for obscenity or
offensive material is not recommended. They have also advised against establishing a
different standard for acid-etched graffiti in terms of identifying a minimum square footage that
would trigger remediation. Therefore, those provisions were not included in the proposed
ordinance approved on first reading in October 2009 and is not included now.
The Building Department's fee excess funds must be used for Building Department expenses
and are not eligible to be used for subsidizing the cost of installing protective film for business
owners.
PROPOSED ORDINANCE AMENDMENT
The proposed amendment modifies Sec. 70-125(b) to require abatement (repair,
rehabilitation, demolition or removal) as opposed to simply corrective action (remove or
effectively obscure) which applies to all other types of graffiti, and extends the time for
abatement for acid-etched graffiti on commercial property to twenty (20) business days and on
non-commercial property to thirty (30) business days.
Section 70-1250 is modified so that the provisions associated with acid-etched graffiti on
glass in Sections 70-125(b) and (e)(3) are enforced through Chapter 30 of the City Code.
City Commission Memorandum
February 9,201 I
Amendment regatding Acid-etched Graffiti
Page 4 of 4
During discussion of the ordinance on first reading at the City Commission meeting on
October 14, 2009, there was an amendment made to delay enforcement of the abatement
requirements for acid-etched graffiti on glass for at least a year, in light of the current
economic climate and the potential costs. However, following the first reading, the City
Attorney's Office advised the Administration that they had concerns with the deferred effective
date for enforcement. The Administration recommended that the proposed ordinance be
opened and continued to December 8,201 0 for second reading so that the ordinance will go
into effect in January, 201 1, as was the desire of the Commission.
Since it had been a year and a half since the NCAC last heard this item, and over a year since
the City Commission considered this item at first reading, at the December 8, 2010 City
Commission meeting, the Administration recommended referring this item back to the NCAC
at its December 14,201 0 meeting for further consideration. At the December 14,2010 NCAC
meeting, the Committee approved moving the ordinance for first reading at the January 19,
201 1 City Commission meeting where it was approved and moved for second reading 1 public
hearing at the February 9, 201 1 City Commission meeting.
FISCAL IMPACT
The fiscal im~act from the amendment is expected to be marginal. The City will not be
abating acid-etched graffiti on private property and fines are not automatic and would only be
assessed through the Special Master process.
CONCLUSION
The ~ro~osed draft ordinance was developed by the Administration together with the City
~ttorhej's Office pursuant to instruction from the Neighborhoods/Community ~ffaik
Committee. The amendment extends the compliance time for abatement of acid-etched glass
graffiti, and provides for enforcement under Chapter 30 of the City Code should graffiti, and in
particular acid-etched graffiti on glass, not be abated within the timeframes provided for
pursuant to the ordinance.
JMG/HMF/JGG/KT/RSA
T:\AGENDA\2011\2-09-I l Wcid-etched graffiti MEMO 2nd Reading.doc
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MlAMl BEACH, FLORIDA, AMENDING CHAPTER
70 OF THE MlAMl BEACH CITY CODE ENTITLED
"MISCELLANEOUS OFFENSES"; BY AMENDING ARTICLE Ill,
ENTITLED "GRAFFITI"; BY AMENDING DIVISION I, ENTITLED
"GENERALLY"; BY AMENDING SECTION 70-126, ENTITLED
"RESPONSIBILITY OF PROPERTY OWNER(S) TO REMOVE
GRAFFITI; GRAFFITI REMOVAL AND NOTICE;
ENFORCEMENT" BY AMENDING THE RESPONSIBILITIES OF
PROPERTY OWNERS WITH REGARD TO THE ABATEMENT
OF GRAFFITI AND AMENDING ENFORCEMENT PROVISIONS;
PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the immediate removal of graffiti is the most effective deterrent to its
reoccurrence; and
WHEREAS, graffiti depreciates the value of the defaced property as well as the
surrounding neighborhood; and
WHEREAS, the presence of graffiti etching acid on surfaces which come in contact with
the public pose a health and safety risk and requires specialized removal techniques to abate;
and
WHEREAS, the Mayor and City Commission recognize the importance of preserving the
City's aesthetic beauty and protecting the City's image and quality of life for its residents and
visitors through the prompt removal of graffiti; and
WHEREAS, in order to preserve the integrity of the commercial and residential
neighborhoods in the City of Miami Beach, including its historically designated districts, and to
protect the health, safety, and welfare of the general public, the Mayor and City Commission
find that more stringent measures and updated terminology with regard to graffiti are needed in
the City Code to serve and protect the best interests of the citizens of Miami Beach and to
promote and maintain the aesthetic appearance of the City, which is an internationally
renowned tourist destination.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA, AS FOLLOWS:
SECTION I.
That Article Ill, entitled "Graffiti,', of Chapter 70 of the Miami Beach City Code, entitled
"Miscellaneous Offenses," is hereby amended as follows:
CHAPTER 70
MISCELLANEOUS OFFENSES
* * *
ARTICLE Ill. GRAFFITI
DIVISION 1. GENERALLY
Set. 70-125. Responsibility of property owner(s) to mmwe abate graffiti; graffiti wmwal
abatement and notice; enforcement.
Maintenance or allowance of graffiti to exist for more than seven business days, from
the receipt or delivery of the notice to abate graffiti as referenced within this section on a
commercial property, or for more than 10 business daysJrom the receipt or delivery of
the notice to abate graffiti as referenced within this section on a fa&&&M - non-
commercial property, is prohibited.
12) Maintenance or allowance of etched arafiti to exist for more than 20 business davs
from the receipt or delivery of the notice to abate araffiti as referenced within this section
on a commercial propertv, or for more than 30 business davs from the receipt or delivery
of the notice to abate araffiti as referenced in this section on a non-commercial propertv,
is prohibited.
(b) Whenever the city becomes aware of the existence of graffiti on any property, a code
compliance officer is authorized upon such discovery to give, or cause to be given, notice +e
to abate the graffiti to the property owner or the property owner's agent or
manager, as follows:
(1 Commercial property. For commercial property, the property owner or the
property owner's agent or manager shall abate the graffiti within
seven business days from the receipt or delivery of the notice 9 referenced within this
section, except that etched graffiti shall be abated within 20 business days from the
receipt or delivery of the notice as referenced within this section.
(2) Non-commercial property. For non-commercial property, the property owner, or
property owner's agent shall abate the graffiti within 10 business
days from the receipt or delivery of the notice 9 referenced within this section, except
that etched graffiti shall be abated within 30 business davs from the receipt or delivery of
the notice as referenced within this section.
(c) Such notice shall be given by certified mail, return receipt requested; or by hand delivery
by code compliance officer to the owner of record of the property described as recorded in the
current county tax rolls. Mailed notice shall be deemed complete and sufficient notice when so
deposited in the United States mail with proper postage prepaid.
(d) The city shall waive painting permit requirements for abating graffiti, subject to the use of
the same, or substantially same, colored exterior paint, provided that the existing paint complies
with all city requirements.
Graffiti abatement shall consist of:
(1) Painting of the entire area defaced by graffiti with paint matching, or substantially
matching, the permitted paint color on the surface, regardless of whether the city has
temporarily abated the graffiti with a different paint color.
(2) Pressure-cleaning or cleaning by any other method that will successfully remove
graffiti from the area defaced by the graffiti without causing damage.
Professional glass restoration or replacement of glass for etched graffiti to
completelv remove the graffiti.
(f) The property owner is responsible for ensuring compliance with sections 142-1191
through 142-1 193 of the City Code and a violation of thk those sections shall be enforced
pursuant to sections 114-7 through 114-8. In addition, the propertv owner is responsible for
ensuring compliance with subsections 70-125(a),(b), and (e) and a violation of those
subsections shall be enforced pursuant to Chapter 30 of the City Code.
SECTION 2. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. Severability.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. Codification.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. Effective Date.
This Ordinance shall take effect the day of , 201 1
PASSED and ADOPTED this day of ,201 1
ATTEST:
Mayor Matti Herrera Bower
Robert Parcher, City Clerk
Underline denotes additions and &&&kwgk denotes dele APPROVED AS TO
F:\atto\TURN\ORDINANC\Acid-etched graffiti ORD 2.docx
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2,
Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees,"
By Amending Division 2, Entitled "Disability Access Committee," By Amending Sec. 2-31 (D) To
Increase The Number Of Members From Seven (7) To Fourteen (14) And Amending The
Quorum Requirement; Providing For Codification, Repealer, Severability, And An Effective
Date..
Key Intended Outcome Supported: I NIA 1
I Supporting Data (Surveys, Environmental Scan, etc.): N/A I
Issue:
Shall the Mayor and City Commission amend the City Code by amending Sec. 2-31(D) to
increase the number of members from seven (7) to fourteen (14) and increase the quorum from
three (3) to eight (8) members?
Item Summary/Recommendation:
I FIRST READING
The Disability Access Committee (DAC) voted unanimously to increase its board membership
from seven (7) members to fourteen (14) members and to change the quorum requirement from
three (3) members to eight (8) members.
At the request of the DAC, the proposed amendment was referred to the
Neighborhood/Community Affairs Committee (NCAC) by the City Commission on July 14,2010.
At the NCAC meeting of December 14,2010, the Committee moved to recommend to the City
Commission increasing the members of the DAC from seven (7) to fourteen (14) and increasing
the quorum from three (3) to eight (8) members.
Subsequently, at the January 19, 201 1 Commission Meeting, the City Commission approved, via
acceptance of the NCAC report, the recommended changes.
Presented for the City Commission's review and approval is the revised ordinance.
Advisory Board Recommendation:
Neighborhood1 Community Affairs Committee meeting of 1211 41201 0 and accepted by the
City Commission on January 19, 201 1.
L_i 1 3 1
OBPl Total I
Financial Impact Summary: the estimated value of an annual citywide decal is $492.75. The annual
estimated value for seven additional parking decals will bring a cost to the City of $3,449.25 assuming all
members apply for the decal.
Financial Information:
City Clerk's Office Legislative Tracking:
( Robert Parcher, Ext 6451
Source of
Funds: m
AGENDA ITEM WE
I
2
Amount Account
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, ~ww.rniarnibeachfl.~ov
COMMISSION MEMORANDUM
TO. Mayor Matti Herrera Bower and Members of the City Commission
FROM Jorge M. Gonzalez, City Manager
DATE. February 9, 201 1 FIRST READING
SUBJECT AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING
ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY
AMENDING DIVISION 2, ENTITLED "DISABILITY ACCESS COMMITTEE," BY
AMENDING SEC. 2-31(D) TO INCREASE THE NUMBER OF MEMBERS FROM
SEVEN (7) TO FOURTEEN (14) AND AMENDING THE QUORUM REQUIREMENT;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
If approved on first reading by the City Commission, set a second reading public hearing for
March 9, 201 1.
BACKGROUND
The Disability Access Committee (DAC) voted unanimously to increase its board membership
from seven (7) members to fourteen (14) members and to change the quorum requirement from
three (3) members to eight (8) members.
At the request of the DAC, the proposed amendment was referred to the
Neighborhood/Community Affairs Committee (NCAC) by the City Commission on July 14, 2010.
At the NCAC meeting of December 14, 2010, the Committee moved to recommend to the City
Commission increasing the members of the DAC from seven (7) to fourteen (14) and increasing
the quorum from three (3) to eight (8) members.
Subsequently, at the January 19, 2011 Commission Meeting, the City Commission approved,
via acceptance of the NCAC report, the recommended changes.
Presented for the City Commission's review and approval is the revised ordinance.
CONCLUSION
As requested, the ordinance amends the Code of the City of Miami Beach, by amending
Chapter 2, Article Ill, "Agencies, Board and Committees," Division 2, "Disability Access
Committee" Sec. 2-31(d) to increase the board membership from seven (7) members to
fourteen (14) members and to increase the quorum from three (3) to eight (8) members.
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED
"AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 2, ENTITLED "DISABILITY ACCESS COMMITTEE," BY
AMENDING SEC. 2-31(D) TO INCREASE THE NUMBER OF
MEMBERS FROM SEVEN (7) TO FOURTEEN (14) AND AMENDING
THE QUORUM REQUIREMENT; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Disability Access Committee (DAC) voted unanimously to increase its
board membership from seven (7) members by adding an additional seven (7) members for a
total of fourteen (1 4) members; and
WHEREAS, the item was referred to the Neighborhood/Community Affairs Committee
(NCAC) by the City Commission on July 14, 2010 to discuss an amendment to increase the
membership on the Disability Awareness Committee and, at its December 14, 2010 meeting,
the NCAC moved to recommend to the City Commission the increase in the number of
members of the DAC from seven (7) to fourteen (14); and
WHEREAS, at the January 19, 2011 City Commission meeting, the City Commission
approved the recommendation to increase the number of members of the DAC from seven (7)
to fourteen (14) members, which also requires an amendment to the DAC's quorum
requirement.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 2-31 (d) of Chapter 2 of the City Code is hereby amended as follows:
Chapter 2
ADMINISTRATION
* * *
Article Ill. Agencies, Boards And Commipees
* * *
Division 2. Disability Access Committee
Sec. 2-31. - Established; purpose; composition.
* *
(d) Composition. The disability access committee shall be composed of w+m fourteen voting
members \.I"^~the mayor and each city commissioner^ shall make
two direct a~~ointments. A quorum shall consist of ikFee eight members. Formal action of the
board shall require at least tkree eight votes. Consideration shall be given, but not limited to, the
following categories: persons having mobility impairment; deaf and/or hard-of-hearing persons
in the community; blind and/or vision-impaired persons in the community; mental, cognitive or
developmental disabilities; and the industries of tourism and convention, retail, hospitality
(restaurant or hotel), and health care (or rehabilitation). The city attorney's office shall provide
legal counsel.
SECTION 2. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
Passed and adopted this day of ,2011.
This Ordinance shall take effect the - day of ,2011.
ATTEST:
MAYOR MATTI HERRERA BOWER
ROBERT PARCHER, CITY CLERK
APPROVED AS TO
r I
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission approving, following a duly noticed public hearing the placement of a
commemorative plaque honoring Judge Norman Ciment on the City's boardwalk near the 41" Street entrance in
accordance with Section 82-504 of the City Code.
Key Intended Outcome Supported:
Increase community satisfaction with City government
Supporting Data (Suweys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 75% of residents
and 68% of businesses rated Miami Beach city government as excellent or good in meeting their needs and
Issue: I Shall the Mayor and City Commission adopt the resolution? i
Item SummarylRecommendation:
On April 5, 2010, a referral was made to the May Neighborhoods/Community Affairs Committee meeting to discuss
the placement of a plaque on the boardwalk in honor of Judge Norman Ciment.
As required by City Code, the placement of the plaque was discussed at the Neighborhoods/Community Affairs
Committee and approved on June 29,2010. The plaque design was referred to the Arts in Public Places Committee
for their review and the plaque layout and location were approved at the Arts in Public Places meeting on October 26,
2010. (Please see Exhibit 'A" - plaque layout). Following the approval of the AiPP Committee, the item was again
referred back to the Neighborhood/Community Affairs Committee for discussion at their December 14,201 0 meeting.
The Committee recommended the placement of the plaque. The plaque would be placed at the entry of the Miami
Beach Boardwalk at 41'' Street.
Pursuant to Section 82-504 of the City's Code, the City Commission called for a public hearing regarding the
placement of the Judge Norman Ciment commemorative plaque at their January 19,201 1, meeting and the City Clerk
subsequently published the appropriate Public Notice on January 27,201 I ,meeting the requirement that the notice be
sent at least 10 days prior to said Public Hearing in a newspaper of general circulation in the City of Miami Beach at
which time and place all interested parties will be heard.
The Administration recommends the public hearing be held and the placement of the Norman Ciment commemorative
plaque be approved.
Advisory Board Recommendation: I NCAC Approval: 612911 0 & 12/14/10; AiPP Approval: 10/26/10
I Funds:
Financial Information:
I Source of
I Financial Impact Summary: I
Amount I Account
2
3
Total
City Clerk's Office Legislative Tracking:
I Kevin Smith, Parks & Recreation Director
iecreation Division Other Operating Expenses 01 1-0950-000343
I I
$450.00
AGEMDA ITEM R7A
DATE 2-9-11
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 Qty'Commission
/
FROM: Jorge M. Gonzalez, City Manager
DATE: February 9, 201 1 %?7
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING A
DULY NOTICED PUBLIC HEARING, THE PLACEMENT OF A
COMMEMORATIVE PLAQUE ON THE CITY'S BOARDWALK NEAR
THE 41ST STREET ENTRANCE, HONORING JUDGE NORMAN
CIMENT, IN ACCORDANCE WITH SECTION 82-504 OF THE ClTY
CODE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
KEY INTENDED OUTCOME SUPPORTED
Increase community satisfaction with City government.
BACKGROUND
On April 5, 2010, Commissioner Gongora requested a referral to the May
Neighborhoods/Community Affairs Committee meeting to place a plaque on the
boardwalk in honor of Norman Ciment. Judge Norman Ciment was a City Commissioner
from 1967-1971 and also served as Mayor from 1981-1 983. As Mayor, he is credited
with spearheading the creation of the Art Deco District, the beach expansion and re-
nourishment, along with the construction of the boardwalk.
ANALYSIS
As required by City Code the placement of the plaque honoring Mr. Ciment was
discussed at the Neighborhoods/Community Affairs Committee and approved on June
29, 2010. Subsequently, also as required by the City Code, the plaque design was
referred to the Art in Public Places Committee for their review. The plaque layout and
location were approved at the Art in Public Places meeting on October 26, 2010 (Please
see Exhibit 'An - plaque layout).
Following the approval of the AiPP Committee on October 26, 2010, the item was again
referred back to the Neighborhoods/Community Affairs Committee for discussion at their
December 14,2010 meeting, where it was again approved.
Commission Memorandum
February 9, 201 1
Final Approval for the Judge Norman Ciment Commemorative Plaque
Page 2 of 3
Pursuant to Section 82-504 of the City's Code, the City Commission called for a public
hearing regarding the placement of the Norman Ciment commemorative plaque at their
January 19, 201 1, meeting. The City Clerk subsequently published the appropriate
Public Notice on January 27, 201 1, meeting the requirement that the notice be sent at
least 10 days prior to said Public Hearing in a newspaper of general circulation in the
City of Miami Beach at which time and place all interested parties will be heard.
The proposed plaque will be developed using the standard specification the City is now
using for memorial1 commemorative plaques. The plaque will be 10"x 12" using
(PMS417c Gray background), with raised graphics and border (PMS428 Silver Tone).
Attached for your review is a sample of the style, format and wording for the plaque. The
plaque would be placed at the entry of the Miami Beach Boardwalk at 41'' Street.
Funding to pay for the plaque will need to be identified, if this item is approved.
Conclusion
The Administration recommends the public hearing be held and the placement of the
Norman Ciment commemorative plaque be approved.
JMGI HMFIKS
T:\AGENDA\201 ID-09-1 l\Final Approval - Norman Ciment Plaque Memo 2-9-1 1 .doc
EXHIBIT A
Commission Memorandum
February 9, 201 1
Final Approval for the Judge Norman Ciment Commemorative Plaque
Page 3 of 3
Colon: a Background PMS 41 7c Gray
Cast aluminum plaque
Font: Futura LT Book fJ Text and border raised PMS 428 Silver Tone
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING,
FOLLOWING A DULY NOTICED PUBLIC HEARING, THE
PLACEMENT OF A COMMEMORATIVE PLAQUE ON THE CITY'S
BOARDWALK NEAR THE 41ST STREET ENTRANCE, HONORING
JUDGE NORMAN CIMENT, IN ACCORDANCE WITH SECTION 82-
504 OF THE CITY CODE.
WHEREAS, on April 5, 2010, Commissioner Michael Gongora requested a
referral to the May 2010 Neighborhoods Committee meeting regarding the placement of
a plaque on the boardwalk in honor of Judge Norman Ciment, who was a City
Commissioner from 1967-1 971, and who also served as Mayor from 1981-1 983; and
WHEREAS, as Mayor, Judge Ciment is credited with spearheading the beach
expansion and re-nourishment, along with the construction of the City's boardwalk; and
WHEREAS, as required by the City Code, the placement of the plaque honoring
Judge Ciment was discussed and approved by the Neighborhoods/Community Affairs
Committee at its June 29, 2010 meeting; and
WHEREAS, also as required by the City Code, the matter was referred to the
Arts in Public Places (AiPP) Committee on October 26, 2010, where the layout and
location of the plaque on the City's boardwalk, near the 41'' Street entrance, was
approved; and
WHEREAS, pursuant to Section 82-504 of the City Code, at its regular meeting
on February 9, 201 I, the City Commission held a duly noticed public hearing regarding
the placement of the Norman Ciment commemorative plaque.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND ClTY
COMMISSION OF THE CITY OF, MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve, following a duly noticed public hearing, the placement of a
commemorative plaque on the City's Boardwalk, near the 41St Street Entrance, honoring
Judge Norman Ciment, in accordance with Section 82-504 of the City Code.
PASSED and ADOPTED this day of February, 201 1.
ATTEST:
MATTI HERRERA BOV\dhffiPROVED AS TO
MAYOR FORM 8, LANGUAGE
ROBERT PARCHER, ClTY CLERK
T:\AGENDA\2011\2-09-1 I\Public Hearing - Norman Ciment Plaque - Resolution 2-
N E THURSDAY, JANUARY 27,2011 1 9NE
" " ... .. .... -. "
MOTICE OF PUBLIC HWRBRBlG
NOTICE IS HEREBY given that public hearing will be held by the Mayor and City Commission of the
City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention
Center Drive, Miami Beach, Florida, or, Wednesday, February 9,2011, to consider the following:
I 10:15 a.m.
The Placement Of A Memorial Plaque On The City's Boardwalk Near The 41st Street Entrance
Honoring Judge Norman Ciment For Final Approval Of The Placement Of Said Plaque In Accordance
With Section 82-504 Of The City Code.
INTERESTED PARTIES ar? invited tobappear at this meeting, OF be =presented by an agent, or to
express their vibvs in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention
Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are
available for public inspection during normal business hours in the City Clerk's Office, 1700
Gonoention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may
be continued and under such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of'Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides
to appeal any decision made by the City Commission with respect to any matter considered at its
meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which theappeal is to be based. This notice
does not constitute consent by the City for the introduction or admission of otherwise inadmissible
or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for
persons with disabilities, andlor any accommodation to review any document or participate in any
c'ity-sponsored proceeding, please contact (305).604-2489 (voice), (305)673-72180 five days in
advance to initiate your request. M users may also call 71 1 (Florida Relay Service).
Ad it649 -
COMMISSION ITEM SUMMARY
>ondensed Title:
A Resolution Of The Mayor And City Commission Of Miami Beach, Florida, Approving, Following a duly Noticed Public
Hearing, The City's Planned Use Of Neighborhood Stabilization Program (NSP3) Funding In The Amount Of $1,475,088 For
The Redevelopment Of Vacant Property; Approving A Substantial Amendment To The City's FY 2008-2012 Consolidated
Plan And FY 2010-1 1 Action Plan To Allocate $1,327,579 Of The (NSP3) Funds To The City's Subrecipient, Miami Beach
Community Development Corporation (MBCDC) For The Rehabilitation Of Phase 1 Of The London House Apartments
Located At 1965 Washington Avenue; Authorizing The City Manager To Sign Any And All Necessary Related Documents;
Further Authorizing The Appropriation Of Federal Funds In The Amount Of $1,475,088.
(ey Intended Outcome Supported:
Increase access to workforce or affordable housing.
Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2009 Customer Satisfaction Survey, 17.5% of businesses
feel that lack of workforce housing is one of their most important challenges.
ssue:
Shall the City Commission approve the submission of a Substantial Amendment for the use of any allocated NSP3 funds
from US HUD for MBCDC's London House Apartments Phase 1 to provide affordable housing for families, authorize the City
Manager to submit and execute any necessary documents and appropriate NSP3 funds for this purpose?
tem SummarylRecommendation:
On October 20. 2010, the Citv received the HUD Notice of Formula Allocations and Program Reauirements for I
Neighborhood stabilization ~roiram Formula Grants, which outlines the allocation amounts,-methods,' and program
requirements for the third round of Neighborhood Stabilization Program funding (NSP3). The City will be granted $1,475,088
on a formula basis. HUD has instructed entitlement communities receiving NSP3 funds to submit their Substantial
Amendments (Plan) in accordance with the HUD Notice by March 1, 201 1.
HUD established five eligible uses for NSP3 funds and recipients of NSP3 funds are required to meet HUD-outlined goals
and objectives by providing decent housing, a suitable living environment, and economic opportunity, principally for persons
of low- and moderate-income. Each community must determine a strategy for the use of the funds within these eligibility
categories. During the research and analysis period for the possible uses of NSP3 funds, and in light of the NSP3 required
expenditure timelines, it was determined that the use of NSP3 funds for the rehabilitation of Phase 1 of the London House
Apartments, would be most feasible. The property consists of two-buildings: one ten unit building with two stories located at
1965 Washington Avenue; and another 44-unit building with three stories located at 1975 Washington Avenue. As currently
configured, the smaller ten-unit building does not meet HUD's minimum requirements for square footage for studios. The
London House Apartments was purchased by MBCDC in 2007 with funds from the City of Miami Beach Redevelopment
Agency with the understanding that MBCDC would leverage state and federal funds to rehabilitate the property as affordable
housing, which is consistent with the City Center Redevelopment Plan. The acquisition transaction required a restrictive
covenant requiring a 30-year affordability period. MBCDC has since been actively working to identify funding for the
rehabilitation of the building.
NSP3 funding is recommended for the London House Apartments Phase 1, which may be utilized to redevelop the ten unit
building into six larger units to increase the square footage in order to serve low-income work force households or families,
which meets national and local objectives. The ten units will be reconfigured into four three-bedroom units and two studio
apartments. Other rehabilitation work would also be completed, including energy efficiency initiatives.
In order the meet the NSP3 objectives and timelines, the Administration requests authorization to submit a Substantial
Amendment to HUD describing the use of NSP3 funds allocating $1,327,579 to the City's subrecipient, MBCDC, for
rehabilitation of Phase 1 of the London House Apartments located at 1965 Washington Avenue.
Advisory Board Recommendation:
Financial Information:
I source of 1 Amount Account I
OBPl Total I
Financial Impact Summary: NIA
I Funds:
I I
City Clerk's Office Legislative Tracking:
I Anna Parekh x:7260 1
1
AM1 BEACH
0 MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfi.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the Cyy Commission
FROM: Jorge M. Gonzalez, City Manage
DATE: February 9,201 1
SUBJECT: A RESOLUTION OF THE MM AND CITY COMMISSION OF MIAMI BEACH,
FLORIDA, APPROVING, FOLLOWING A DULY NOTICED PUBLIC HEARING, THE
CITY'S PLANNED USE OF NEIGHBORHOOD STABILIZATION PROGRAM 3 (NSP3)
FUNDING UNDER DODD-FRANK WALL STREET REFORM AND CONSUMER
PROTECTION ACT AND AUTHORIZING THE APPROPRIATION OF FEDERAL FUNDS
IN THE AMOUNT OF $1,475,088 FOR THE REDEVELOPMENT OF VACANT
PROPERTY; APPROVING A SUBSTANTIAL AMENDMENT TO THE CITY'S FY 2008-
2012 CONSOLIDATED PLAN AND FY 2010-11 ACTION PLAN TO ALLOCATE
$1,327,579 OF THE (NSP3) FUNDS TO THE CITY'S SUBRECIPIENT, MIAMI BEACH
COMMUNITY DEVELOPMENT CORPORATION (MBCDC), FOR THE REHABILITATION
OF PHASE I OF THE LONDON HOUSE APARTMENTS LOCATED AT 1965
WASHINGTON AVENUE; AND AUTHORIZING THE CITY MANAGER TO SIGN ANY
AND ALL NECESSARY RELATED DOCUMENTS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The Housing and Economic Recovery Act of 2008 provided for the development of certain programs
to help stabilize neighborhoods and communities impacted by the high rate of foreclosures. With a
goal of reducing blight created from abandoned properties, the first round of the Neighborhood
Stabilization Program 1 (NSPI) allocated funds through a formula basis to help communities
address this issue. Each community developed a strategy to use the funds within specifically
delineated program areas. The City chose to allocate its formula funds (provided to the City via the
State) for the purchase of foreclosed multi-family housing.
A total of $9.3 million was allocated to the City under NSPI, allowing for the purchase of three
foreclosed buildings. The three buildings will provide 60 units of affordable housing, including nine
large units for families.
ANALYSIS
On October 20, 2010, the City of Miami Beach received the U.S. Department of Housing & Urban
Development (HUD) Notice of Formula Allocations and Program Requirements for Neighborhood
Stabilization Program Formula Grants, originally established under the Housing and Economic
Recovery Act of 2008 (the HUD Notice). The HUD Notice outlines the allocation amounts, methods,
and program requirements for the third round of Neighborhood Stabilization Program funding
(NSP3). Under NSP3, which is funded under the Dodd-Frank Wall Street Reform and Consumer
Protection Act, the City of Miami Beach will be granted $1,475,088 on a formula basis. Recipients of
City Commission Memorandum
NSP3
February 9, 201 1
Page 2
NSP3 funds are required to meet HUD-outlined goals and objectives by providing decent housing, a
suitable living environment, and economic opportunity, principally for persons of low- and moderate-
income.
HUD has instructed entitlement communities receiving NSP3 funds to immediately begin to prepare
and submit their action plan substantial amendments (Plan) in accordance with the HUD Notice by
March 1, 201 1. As you are aware, the City prepares and submits (following a public comment
period and Commission approval) an action plan that delineates the City's approach to addressing
HUD-eligible activities. As this is a new source of funding, an amendment to the action plan
previously submitted by the City is required. The City's Plan is to outline how the City will carry out
the NSP3 activities in the context of a comprehensive plan for the community's vision of how it can
make its neighborhoods not only more stable, but also more sustainable, inclusive, competitive, and
integrated into the overall metropolitan fabric, including access to transit, affordable housing,
employers, and services.
HUD has determined that for NSP3, the states and local governments with the greatest need for
neighborhood stabilization funding are those communities that have high numbers of foreclosed
andlor vacant properties in the neighborhoods with the highest concentrations of foreclosures,
delinquent loans, and subprime loans. The net result is that these funds are highly targeted to
communities with the most severe neighborhood problems associated with the foreclosure crisis.
Under NSP3, and unlike under NSPI, grantees must use the HUD "Foreclosure Need Website" to
submit to HUD the locations of its NSP3 areas of greatest need. On this site, HUD provides
estimates of foreclosure need and a foreclosure-related needs score at the Census Tract level.
NSP3 grantees are also required to follow their citizen participation process as described in the
Consolidated Plan, but modified by the NSP3 Notice, in order to ensure that the public is aware of
the NSP3 substantial amendment. For NSP3 the substantial amendment must be published and
posted on the jurisdiction's website for no less than 15 calendar days for public comment, as
opposed to the usual 30 day public comment period. An appendix with a summary of all of the public
comments is attached to the substantial amendment that is ultimately submitted to HUD for funding
review and approval.
HUD has established five eligible uses for NSP3 funds, as follows:
(A) Establish financing mechanisms for purchase and redevelopment of foreclosed upon
homes and residential properties, including such mechanisms as soft-seconds, loan loss
reserves, and shared-equity loans for low- and moderate-income homebuyers.
(B) Purchase and rehabilitate homes and residential properties that have been abandoned or
foreclosed upon, in order to sell, rent, or re-develop such homes and properties.
(C) Establish and operate land banks for homes and residential properties that have been
foreclosed upon.
(D) Demolish blighted structures
(E) Redevelop demolished or vacant properties as housing.
Needless to say, each community must determine a strategy for the use of the funds within these
eligibility categories. During the research and analysis period for the possible uses of NSP3 funds,
and in light of the tight expenditure timelines for the program, Strategy E was selected as the best
option. The NSP3 Mapping Tool was also used to identify vacant buildings within the areas of
greatest need.
City Commission Memorandum
NSP3
February 9, 201 I
Page 3
PROPOSED NSP3 PROJECT
The London House Apartments, a contributing structure in the National Register Miami Beach
Architectural District, located at 1965-1975 Washington Avenue, consists of two buildings: one ten-
unit building with two stories (1965 Washington Avenue); and another 44-unit building with three
stories (1975 Washington Avenue). The buildings are connected by a walkway and are located in
the Museum Historic District. The property was built in 1948 as a Miami Modern apartment hotel.
The buildings were purchased by Miami Beach Community Development Corporation (MBCDC) in
2007 with funds from the City of Miami Beach Redevelopment Agency with the understanding that
MBCDC would leverage state and federal funds to rehabilitate the property as affordable housing
which is consistent with the City Center Redevelopment Plan. The acquisition transaction included a
Covenant Running with the Land requiring an affordability period of at least thirty (30) years
requiring MBCDC to maintain the property as affordable housing. MBCDC has since been actively
working to identify funding for the rehabilitation of the building.
As currently configured, the smaller ten-unit building at 1965 Washington Ave. does not meet HUD's
minimum requirements for square footage for studios. If approved and as recommended, NSP3
eligible strategy (E) and the available NSP3 funds may be utilized to redevelop those ten units at the
London House Apartments into six larger units to increase the square footage in order to serve low-
income work force households or families, which meets national and local objectives. The ten units
will be re-configured into four three-bedroom units and two studio apartments.
Additionally, rehabilitation of the London House Phase 1 will include the exterior rehabilitation of the
original historic elements, such as the faqade, the complete ground level terrace with ornaments, the
second floor open walkway and new exterior windows and doors. The project will promote both
energy efficiency and construction efficiency. Furthermore, the project will use insulated window
glazing and gas hydronic heat to further promote conservation. All exterior walls and ceilings will be
insulated to meet or exceed code requirements and interior tenant separation walls will receive
sound insulation. Other areas in which energy conscious design features will be implemented are:
water closets at all toilets will be 1.6 gallon fixtures. The faucets will have built-in flow restrictors to
lower water consumption. Energy efficient light fixtures and corresponding bulbs will be used as
much as possible as well as energy efficient appliances.
Pursuant to HUD regulations, a Substantial Amendment with the above-described strategy and plan
(Exhibit "A attached hereto) was posted on the Office of Real Estate, Housing and Community
Development's website on Wednesday, December 29, 2010, for public comment. On Thursday,
December 30, 2010, a notice of public hearing was published in The Miami Herald (Exhibit "B" also
attached hereto). The public comment period ended on January 18, 201 1. No public comments
were received.
CONCLUSION
The Administration requests authorization to submit the proposed Substantial Amendment to HUD
describing the use of NSP3 funds and allocating $1,327,579 to the City's subrecipient, Miami Beach
Community Development Corporation, for rehabilitation of the London House Apartments located at
1965 Washington Avenue; authorization for the City Manager to sign any and all necessary related
applications and documents and to authorize the appropriation of federal funds in the amount of
T:WGENDAD01 ID-09-1 1\NSP3 Substantial Amendment Memo.docx
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MlAMl BEACH,
FLORIDA, APPROVING, FOLLOWING A DULY NOTICED PUBLIC HEARING, THE
CITY'S PLANNED USE OF NEIGHBORHOOD STABILIZATION PROGRAM 3 (NSP3)
FUNDING UNDER THE DODD-FRANK WALL STREET REFORM AND CONSUMER
PROTECTION ACT AND AUTHORIZING THE APPROPRIATION OF FEDERAL FUNDS IN
THE AMOUNT OF $1,475,088 FOR THE REDEVELOPMENT OF VACANT PROPERTY;
APPROVING A SUBSTANTIAL AMENDMENT TO THE CITY'S FY 2008-2012
CONSOLIDATED PLAN AND FY 201 0-1 1 ACTION PLAN TO ALLOCATE $1,327,579 OF
THE NSP3 FUNDS TO THE CITY'S SUBRECIPIENT, MlAMl BEACH COMMUNITY
DEVELOPMENT CORPORATION (MBCDC), FOR THE REHABILITATION OF PHASE 1
OF THE LONDON HOUSE APARTMENTS LOCATED AT 1965 WASHINGTON AVENUE;
AUTHORIZING THE CITY MANAGER TO SIGN ANY AND ALL NECESSARY RELATED
DOCUMENTS.
WHEREAS, on October 20,2010, the City of Miami Beach received the U.S. Department of Housing
& Urban Development Notice of Formula Allocations and Program Requirements for Neighborhood
Stabilization Program Formula Grants, originally established under the Housing and Economic Recovery Act
of 2008 (the HUD Notice), which outlines the allocation amounts, methods, and program requirements for the
third round of Neighborhood Stabilization Program funding (NSP3); and
WHEREAS, under NSP3, which is funded under the Dodd-Frank Wall Street Reform and Consumer
Protection Act, the City of Miami Beach will be granted $1,475,088 on a formula basis; and
WHEREAS, HUD has instructed entitlement communities receiving NSP3 funds to immediately begin
to prepare and submit their action plan substantial amendments in accordance with the HUD Notice by March
1, 201 1, which should outline how the City will carry out its NSP3 activities; and
WHEREAS, NSP3 grantees are required to follow their citizen participation process as described in
the Consolidated Plan, but modified by the NSP3 Notice, in order to ensure that the public is aware of the
NSP3 substantial amendment; and
WHEREAS, HUD has established five eligible uses for NSP3 funds to be determined by each
community; and
WHEREAS, during the research and analysis period, and in light of the tight expenditure timelines of
the program, Strategy E, Redevelopment of Demolished or Vacant Properties as affordable housing, was
selected as the best option; and
WHEREAS, the NSP3 Mapping Tool was also used to identify vacant buildings within the areas of
greatest need; and
WHEREAS, the London House Apartments, located at 1965-1 975 Washington Avenue, purchased by
Miami Beach Redevelopment Agency (MBCDC) in 2007 with funds from the City of Miami Beach
Redevelopment Agency, is a vacant structure eligible for affordable housing, which requires reconfiguration to
meet HUD's minimum requirements for square footage for studios; and
WHEREAS, MBCDC has been actively working to identify funding for the rehabilitation of the building
and proposes, in two phases, to reduce the ten (10) existing apartment units to six larger units to increase the
square footage to provide one and three bedroom apartments to serve low-income work force household
families meeting the national and local objective of providing larger housing units to serve low income
households; and
WHEREAS, Phase 1 of the rehabilitation of the London House Apartments will include the exterior
rehabilitation of the original historic elements, and will promote both energy efficiency and construction
efficiency; and
WHEREAS, the use of NSP3 funds to rehabilitate Phase 1 of the London House Apartments will allow
this vacant property to be redeveloped into affordable housing units that can accommodate families which has
been identified as a priority in the City's Consolidated Plan; and
WHEREAS, on Wednesday, December 29,201 0, a copy of the Substantial Amendment was posted
on the Office of Real Estate, Housing and Community Development website in accordance with HUD
requirements and on Thursday, December 30, 2010, a notice of public hearing was published in The Miami
Herald; and
WHEREAS, the Administration requests authorization to submit a substantial amendment to HUD
describing the use of NSP3 funds allocating $1,327,579 to the City's subrecipient, Miami Beach Community
Development Corporation, for rehabilitation of Phase I of the London House Apartments located at 1965
Washington Avenue; authorization for the City Manager to sign any and all necessary related applications and
documents; and to further authorize the appropriation of federal funds in the amount of $1,475,088.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of Miami Beach, Florida hereby approve
the City's planned use of Neighborhood Stabilization Program 3 (NSP3) funding under the Dodd-Frank Wall
Street Reform and Consumer Protection Act and authorize the appropriation of federal funds in the amount of
$1,475,088 for the redevelopment of vacant property; approve a substantial amendment to the City's FY 2008-
2012 Consolidated Plan and FY 201 0-1 1 Action Plan to allocate $1,327,579 of the (NSP3) funds to the City's
subrecipient, Miami Beach Community Development Corporation (MBCDC) for the rehabilitation of Phase 1 of
the London House Apartments located at 1965 Washington Avenue; and authorizing the City Manager to sign
any and all necessary related documents.
Passed and adopted this day of ,2011.
MAYOR
Matti Herrera Bower
ATTEST:
ClTY CLERK
Robert Parcher
APPROVED AS TO
FORMI GUAGE 4 'L FO&&TION
/
EXH lBlT "A"
DRAFT 3, JANUARY 18,2011
NEIGHBORHOOD STABILIZATION PROGRAM 3
SUBSTANTIAL AMENDMENT TO THE FY 2008-2012
CONSOLIDATED PLAN AND FY 2010-11 ACTION
PLAN
DUE DATE: MARCH 1,2011
NAME OF APPLICANT:
TO:
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
REGION IV, MIAMI FIELD OFFICE
BRICKELL PLAZA FEDERAL BUILDLING
909 SE FIRST AVENUE, RM. 500
MIAMI, FL 33131-3042
City of Miami Beach
Substantial Amendment
January 18,201 1
1. NSP3 Grantee Information
2. Areas of Greatest Need
NSP3 Program Administrator Contact Information
Map Submission
The map generated at the HUD NSP3 Mapping Tool for Preparing Action Plan website is included as an
attachment. (See Attachment 1)
Organization
Name (Last, First)
Email Address
Phone Number
Mailing Address
Data Sources Used to Determine Areas of Greatest Weed
City of Miami Beach
Director: Parekh, Anna
AnnaParekh@miamibeachfl.gov
305-673-7260
1700 Convention Center Drive, Miami Beach, FL 33139
Describe the data sources used to determine the areas of greatest need.
Response:
Citywide, extremely low, very low and low-income residents accounted for 21,504 households in 2000.
According to the US Census, over half the residents in half of the City's census tracts earned less than 80
percent of the area median income. These target areas, based on Census 2000 data contain census
tract/block groups that have a concentration of low-to-moderate income households. This means more
than 50% of the households have incomes at or below 80% of the area median income. The census
tracts with low-to-moderate income concentration include 39.07,42.02,44.02, 39.01,39.05,45.00, and
44.01. Also, in 2000, two-thirds of the census tracts in Miami Beach were minority-majority
neighborhoods (Census Tracts 39.05,39.01,39.07,44.02,42.02,44.01,43.00, and 41.01). All with the
exception of two of the low income and racially concentrated Census Tract/block Groups overlap.
Determl~ation of Areas of Greatest Meed and Applicable Tiers
Describe how the areas of greatest need were established and whether a tiered approach is being
utilized to determine the distribution of funding.
Response:
The northern and southern part (North Beach and South Beach) of Miami Beach contain the highest
concentration of low and moderate income persons in the City. The selected project is in located in an
area where 60-79% of the residents are of low and moderate incomes. The project scores a 17 on the
NSP3 Mapping Tool.
The City of Miami Beach's residential composition is unique compared to other communities in Florida
in that the vast majority of the residences in the city are found in condominium buildings and multi-
family apartment buildings. Of the 65,583 residential units in Miami Beach, 40,825 or 62% are in
condominiums, 19,202 or 29% are in rental apartments, while only 5,556 or 8% are comprised of single
family homes. Not surprisingly, the largest numbers of foreclosed homes are condominium units.
Page 2 of 13
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City of Miami Beach
Substantial Amendment
January 18,201 1
In considering the City's "greatest need" and keeping in mind the prospective NSP goal of home-
ownership, we found that the only affordable homeownership units given NSP income guidelines would
be condominiums.
Unlike ownership of a single family home, inherent in owning a condominium unit in today's real estate
market is the risk of having the new owner face unanticipated condo fees andlor assessments arising
from other foreclosed units in the building or other owners defaulting on their condominium dues.
Therefore, Miami Beach's strategy is to use its NSP funding, both its regular allocation and NSPLI, to
rehabilitate vacant multi-family buildings for rental housing to income-qualified households.
In 1992, The City of Miami Beach Redevelopment Agency outlined District 1, known as the City Center
Redevelopment Area, as an area of slum and blight located in our area of greatest need in South Beach.
Since then, The City, The State, and the County have worked together to restructure and bring
improvements to the neighborhood. The London House Apartments is a vacant, historic apartment
complex, located within District 1, which was acquired by our local non-profit developer, Miami Beach
Community Development Corporation. The London House Apartments is in much need of rehabilitation
and safety upgrades that have not occurred due to gaps in funding. Completion of Phase 1 of the
London House Apartments will create six units for affordable housing to our local workforce, including
four units for families.
3. Definitions and Descriptions
Defiraltioras
Term
Blighted Structure
Affordable Rents
Page 3 of 13
283
Definition
A structure that exhibits objectively determinable signs of deterioration
sufficient to constitute a threat to human health, safety, and public welfare.
Rents shall be set according to HOME rental requirements and therefore the
maximum HOME rents that can be charge are the lesser of: (1) the fair
market rent for existing housing for comparable units in the area as
established by HUD under 24 CFR Part 888.111; or (2) a rent that does not
exceed 30 percent of the adjusted income of a family whose annual income
equal 65 percent of the median income for the area, as determined by HUD,
with adjustments for number of bedrooms in the unit. The HOME rent limits
provided by HUD will include average occupancy per unit and adjusted
income assumptions. The rent must comply with the published HUD income
limits per household size.
Term
Long-Term Affordability
Definition
The sub-recipient shall maintain the Premises as a fifty (50) year affordable
residential rental apartment building for a term pursuant to an existing
Restrictive Covenant. The affordability period shall be incorporated into the
sub-recipient NSP3 agreement.
City of Miami Beach
Substantial Amendment
January 18,201 1
4. Low-Income Targeting
Housing Rehabilitation
Standards
Low-income Set-Aside Amount
Enter the low-income set-aside percentage in the first field. The field for total funds set aside will
populate based on the percentage entered in the first field and the total NSP3 grant.
All gut rehabilitation of residential buildings up to three stores shall be
designed to meet the standard for Energy Star Qualified Homes.
Replacement of obsolete products and appliances shall meet Energy Star
labeled products. Water efficient toilets, showers, and faucets, such as those
with the Watersense label, must be installed. Improvements shall mitigate
the impact of disasters. Minimum construction standards shall comply with
the Florida Building Code, latest edition. Rehabilitation shall also include
compliance with Lead-based paint abatement.
Identify the estimated amount of funds appropriated or otherwise made available under the NSP3 to
be used to provide housing for individuals or families whose incomes do not exceed 50 percent of
area median income.
Response:
Total low-income set-aside percentage (must be no less than 25 percent): 25.00%
Total funds set aside for low-income individuals = 25% of $1,475,088 = $368,772
Meeting Low-income mapget
Provide a summary that describes the manner in which the low-income targeting goals will be met.
Response:
The sub-recipient shall advertise available affordable housing units. Applications will be required to I
show total income earned for the household. Beneficiaries will be selected on a lottery basis.
5. Acquisition and Relocation
Demolition or Conversion of LMB Units
The London House Apartments-Phase 1, is currently vacant and has no tenants. Relocation requirements
do not apply to this project.
Page 4 of 13
284
Does the grantee intend to demolish or convert any low- and moderate-income
dwelling units (i.e., I 80% of area median income)?
Yes. The sub-
recipient will
convert 10
empty units into
6 larger units to
house families.
City of Miami Beach
Substantial Amendment
January 18,201 1
If ves, fill in the table below.
Question
The number of low- and moderate-income dwelling units-i.e., I80% of area
median income-reasonably expected to be demolished or converted as a direct
result of NSP-assisted activities.
Number of Units
10
The number of NSP affordable housing units made available to low-, moderate-,
and middle-income households-i.e., I 120% of area median income-reasonably
expected to be produced by activity and income level as provided for in DRGR, by
each NSP activity providing such housing (including a proposed time schedule for
commencement and completion).
6. Public Comment
Citizen Participation Plan
6
The number of dwelling units reasonably expected to be made available for
households whose income does not exceed 50 percent of area median income.
Briefly describe how the grantee followed its citizen participation plan regarding this proposed
substantial amendment or abbreviated plan.
Response:
The City of Miami Beach has posted an advertisement of the Notice of a Fifteen Day Public
Comment Period and Public Hearing For A Substantial Amendment to the City's FY 2008-2013
Consolidated Plan in the local newspaper on Thursday, December 30, 2010. Citizens will be
encouraged to review the amendment before January 17,2011 and to attend the City Commission
meeting on Wednesday January 19,2011. The Substantial Amendment posted on the City's website
on Wednesday, December 29,2010. The Office of Real Estate, Housing and Community
Development will accept comments on the amendment during a 15-day comment period ending on
Tuesday, January 18,2011.
2
Summary of Public Comments Received.
The summary of public comments received is included as an attachment. (See Attachment 2)
7. NSP Information by Activity
Enter each activity name and fill in the corresponding information. If you have fewer than seven
activities, please delete any extra activity fields. (For example, if you have three activities, you should
delete the tables labeled "Activity Number 4," "Activity Number 5," "Activity Number 6," and "Activity
Number 7." If you are unsure how to delete a table, see the instructions above.
The field labeled "Total Budget for Activity" will populate based on the figures entered in the fields
above it.
Consult the NSP3 Pronram Desinn Guidebook for guidance on completing the "Performance Measures"
component of the activity tables below.
Page 5 of 13
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City of Miami Beach
Substantial Amendment
lanuary 18,201 1
The City of Miami Beach will be targeting one activity.
LMMl households. And at least 25% will be occupied by Low and Very Low
Median Income households.
moderate income residents who work in the community. The building will
provide four three bedroom units and two efficiencies. The City shall request
the subrecipient to maintain the rents affordable for the duration of the
affordability period described herein. The City will work with the sub-
mployees who reside in the vicinity of the project or contract with small
usinesses that are owned and operated by persons residing in the vicinity of
the MSP3 Mapping Tool. The London House is a contributing structure in the
National Register Miami Beach Architectural District.
This is an excellent opportunity to provide housing for families with children.
Page 6 of 13
286
City of Miami Beach
Substantial Amendment
January 18,201 1
8. Certifications
Location
Administrator Contact Info
Administrator Contact Info
Certifications for State and Entitlement Comwsuprlties
(1) Affirmatively furthering fair housing. The jurisdiction certifies that it will affirmatively further fair
housing, which means that it will conduct an analysis to identify impediments to fair housing choice
within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified
through that analysis, and maintain records reflecting the analysis and actions in this regard.
945 Pennsylvania Avenue, 2"d floor
Miami Beach, FL 33139
Roberto Datorre, President
305-538-0090
roberto@miamibeachcdc.ora
(2) Anti-displacement and relocation plan. The applicant certifies that it has in effect and is following a
residential anti-displacement and relocation assistance plan.
(3) Anti-lobbying. The jurisdiction must submit a certification with regard to compliance with
restrictions on lobbying required by 24 CFR part 87, together with disclosure forms, if required by that
part.
(4) Authority of jurisdiction. The jurisdiction certifies that the consolidated plan or abbreviated plan, as
applicable, is authorized under state and local law (as applicable) and that the jurisdiction possesses the
legal authority to carry out the programs for which it is seeking funding, in accordance with applicable
HUD regulations and other program requirements.
(5) Consistency with plan. The jurisdiction certifies that the housing activities to be undertaken with NSP
funds are consistent with its consolidated plan or abbreviated plan, as applicable.
(6) Acquisition and relocation. The jurisdiction certifies that it will comply with the acquisition and
relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended (42 U.S.C. 4601)) and implementing regulations at 49 CFR part 24, except as those
provisions are modified by the notice for the NSP program published by HUD.
(7) Section 3. The jurisdiction certifies that it will comply with section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u), and implementing regulations at 24 CFR part 135.
(8) Citizen participation. The jurisdiction certifies that it is in full compliance and following a detailed
citizen participation plan that satisfies the requirements of Sections 24 CFR 91.105 or 91.115, as
modified by NSP requirements.
(9) Following a plan. The jurisdiction certifies it is following a current consolidated plan (or
Comprehensive Housing Affordability Strategy) that has been approved by HUD. [Only States and
entitlement jurisdictions use this certification.]
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City of Miami Beach
Substantial Amendment
January 18,201 1
(10) Use of funds. The jurisdiction certifies that it will comply with the Dodd-Frank Wall Street Reform
and Consumer Protection Act and Title XI1 of Division A of the American Recovery and Reinvestment Act
of 2009 by spending 50 percent of its grant funds within 2 years, and spending 100 percent within 3
years, of receipt of the grant.
(11) The jurisdiction certifies:
a. that all of the NSP funds made available to it will be used with respect to individuals and families
whose incomes do not exceed 120 percent of area median income; and
b. The jurisdiction will not attempt to recover any capital costs of public improvements assisted
with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against
properties owned and occupied by persons of low- and moderate-income, including any fee
charged or assessment made as a condition of obtaining access to such public improvements.
However, if NSP funds are used to pay the proportion of a fee or assessment attributable to the
capital costs of public improvements (assisted in part with NSP funds) financed from other
revenue sources, an assessment or charge may be made against the property with respect to
the public improvements financed by a source other than CDBG funds. In addition, with respect
to properties owned and occupied by moderate-income (but not low-income) families, an
assessment or charge may be made against the property with respect to the public
improvements financed by a source other than NSP funds if the jurisdiction certifies that it lacks
NSP or CDBG funds to cover the assessment.
(12) Excessive force. The jurisdiction certifies that it has adopted and is enforcing:
a. A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and
b. A policy of enforcing applicable state and local laws against physically barring entrance to, or
exit from, a facility or location that is the subject of such nonviolent civil rights demonstrations
within its jurisdiction.
(13) Compliance with anti-discrimination laws. The jurisdiction certifies that the NSP grant will be
conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d),
the Fair Housing Act (42 U.S.C. 3601-3619), and implementing regulations.
(14) Compliance with lead-based paint procedures. The jurisdiction certifies that its activities
concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K, and R of
this title.
(15) Compliance with laws. The jurisdiction certifies that it will comply with applicable laws.
(16) Vicinity hiring. The jurisdiction certifies that it will, to the maximum extent feasible, provide for
hiring of employees that reside in the vicinity of NSP3 funded projects or contract with small businesses
that are owned and operated by persons residing in the vicinity of NSP3 projects.
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City of Miami Beach
Substantial Amendment
January 18,201 1
(17) Development of affordable rental housing. The jurisdiction certifies that it will be abide by the
procedures described in its NSP3 Abbreviated Plan to create preferences for the development of
affordable rental housing for properties assisted with NSP3 funds.
City of Miami Beach
Jorge M. Gonzalez
City Manager
Title
Page 9 of 13
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Date
APPENDIX
Neighborhood ID: 4677673
NSP3 Planning Data
Grantee ID: 1219740E
Grantee State: FL
Grantee Name: MIAMI BEACH
Grantee Address:
Grantee Email: rsoto@miamibeachfl.gov
Neighborhood Name: The London
Date:2010-12-23 00:00:00
NSP3 Score
The neighborhoods identified by the NSP3 grantee as being the areas of greatest need must have an
individual or average combined index score for the grantee's identified target geography that is not less than
the lesser of 17 or the twentieth percentile most needy score in an individual state. For example, if a state's
twentieth percentile most needy census tract is 18, the requirement will be a minimum need of 17. If,
however, a state's twentieth percentile most needy census tract is 15, the requirement will be a minimum
need of 15. If more than one neighborhood is identified in the Action Plan, HUD will average the
Neighborhood Scores, weighting the scores by the estimated number of housing units in each identified
neighborhood.
Neighborhood NSP3 Score: 17
State Minimum Threshold NSP3 Score: 47
Total Housing Units in Neighborhood: 4656
Area Benefit Eliqibilitv
Percent Persons Less than 120% AMI: 79.82
Percent Persons Less than 80% AMI: 64.75
Neiahborhood Attributes (Estimates)
Vacancy Estimate
USPS data on addresses not receiving mail in the last 90 days or "NoStat" can be a useful measure of
whether or not a target area has a serious vacancy problem. For urban neighborhoods, HUD has found that
neighborhoods with a very high number vacant addresses relative to the total addresses in an area to be a
very good indicator of a current for potentially serious blight problem.
The USPS "NoStat" indicator can mean different things. In rural areas, it is an indicator of vacancy. However,
it can also be an address that has been issued but not ever used, it can indicate units under development,
and it can be a very distressed property (most of the still flood damaged properties in New Orleans are
NoStat). When using this variable, users need to understand the target area identified.
In addition, the housing unit counts HUD gets from the US Census indicated above are usually close to the
residential address counts from the USPS below. However, if the Census and USPS counts are substantially
different for your identified target area, users are advised to use the information below with caution. For
example if there are many NoStats in an area for units never built, the USPS residential address count may
be larger than the Census number; if the area is a rural area largely served by PO boxes it may have fewer
addresses than housing units.
USPS Residential Addresses in Neighborhood: 3268
Residential Addresses Vacant 90 or more days (USPS, March 2010): 62
Residential Addresses NoStat (USPS, March 201 0): 102
Foreclosure Estimates
HUD has developed a model for predicting where foreclosures are likely. That model estimates serious
delinquency rates using data on the leading causes of foreclosures - subprime loans (HMDA Census Tract
data on high cost and highly leveraged loans), increasing unemployment (BLS data on unemployment rate
change), and fall in home values (FHFA data on house price change). The predicted serious delinquency rate
is then used to apportion the state total counts of foreclosure starts (from the Mortgage Bankers Association)
and REOs (from RealtyTrac) to individual block groups.
Total Housing Units to receive a mortgage between 2004 and 2007: 1327
Percent of Housing Units with a high cost mortgage between 2004 and 2007: 16.7
Percent of Housing Units 90 or more days delinquent or in foreclosure: 13.4
Number of Foreclosure Starts in past year: 11 0
Number of Housing Units Real Estate Owned July 2009 to June 2010: 33
HUD is encouraging grantees to have small enough target areas for NSP 3 such that their dollars will have a
visible impact on the neighborhood. Nationwide there have been over 1.9 million foreclosure completions in
the past two years. NSP 1, 2, and 3 combined are estimated to only be able to address 100,000 to 120,000
foreclosures. To stabilize a neighborhood requires focused investment.
Estimated number of properties needed to make an impact in identified target area (20% of RE0 in past
year): 23
Su~~ortina Data
Metropolitan Area (or non-metropolitan area balance) percent fall in home value since peak value (Federal
Housing Finance Agency Home Price Index through June 2010): -39.4
Place (if place over 20,000) or county unemployment rate June 2005': 3.7
Place (if place over 20,000) or county unemployment rate June 2010': 9.5
'Bureau of Labor Statistics Local Area Unemployment Statistics
Market Analvsis:
HUD is providing the data above as a tool for both neighborhood targeting and to help inform the strategy
development. Some things to consider:
1. Persistent Unemployment. Is this an area with persistently high unemployment? Serious consideration
should be given to a rental strategy rather than a homeownership strategy.
2. Home Value Change and Vacancy. Is this an area where foreclosures are largely due to a combination of
falling home values, a recent spike in unemployment, and a relatively low vacancy rate? A down payment
assistance program may be an effective strategy.
3. Persistently High Vacancy. Are there a high number of substandard vacant addresses in the target area of
a community with persistently high unemployment? A demolitionAand bank strategy with selected acquisition
rehab for rental or lease-purchase might be considered.
4. Historically low vacancy that is now rising. A targeted strategy of acquisition for homeownership and rental
to retain or regain neighborhood stability might be considered.
5. Historically high cost rental market. Does this market historically have very high rents with low vacancies?
A strategy of acquiring properties and developing them as long-term affordable rental might be considered.
Latitude and Lonaitude of corner Points
-80.1 36638 25.79571 8 -80.1 30072 25.799080 -80.126252 25.79761 2 -80.1 27583 25.786406 -80.1 31 874
25.786329 -80.1 31488 25.787372 -80.1 36337 25.7871 01 -80.1 36509 25.795409
Blocks Com~risina Taraet Neiahborhood
120860042021000,120860042021008,120860042021015,120860042021014,120860042021013,
120860042021012,120860042021011,120860042021010,120860042021009,120860042021007,
120860042021002,120860042021004,120860042021005,120860042021006,120860042021003,
120860042021001,120860042022000,120860042022008,120860042022012,120860042022011,
120860042022010,120860042022009,120860042022007,120860042022002,120860042022004,
120860042022005,120860042022006,120860042022003,120860042022001,120860042023000,
120860042023005,120860042023007,120860042023009,120860042023011,120860042023017,
120860042023016,120860042023015,120860042023014,120860042023013,120860042023012,
120860042023010,120860042023008,120860042023006,120860042023004,120860042023001,
120860042023003,120860042023002,
City of Miami Beach
Substantial Amendment
January 18,201 1
APPENDIX 2
Public Comment Period: Thursday, December 30,2010 thru Tuesday. Januaw 18,2011
Tuesday, January 18,2011- no comments were received
Page 13 of 13
293
COMMISSION ITEM SUMMARY
Condensed Title:
1 A Resolution Of The Mavor And Citv Commission Acceptina The Recommendation Of The City Manager Pertaining To The I
Ranking Of Proposals ~irsuant TO kequest for proposals (RFP) No. 13-09/01 0, For The purchase ~nd-lmplementa60n Of An
Enterprise Building Development Service System; Authorize The Administration To Enter Into Negotiations With The Top-
Ranked Proposer, Accela, Inc; And Should The Administration Not Be Successful In Negotiating An Agreement With The Top-
Ranked Proposer, Authorize Negotiations With The Second-Ranked Proposer, Computer Software, Inc (CSI); Further
Authorize The Mayor And City Clerk To Execute An Agreement Upon The Conclusion Of Successful Negotiations By The
Administration.
Key Intended Outcome Supported: I Increase Community Satisfaction with City Government and Make city more business friendly. I
Supporting Data (Surveys, Environmental Scan, etc.): The completed audit by Watson Rise stressed the
importance of replacing Permits Plus to enhance the security and internal controls related to all phases of the Building
Development Process, and to improve the efficient and effective management of the Departments.
Issue: I Shall the Mayor and the City Commission Accept The Resolution? I
Item SummarylRecommendation:
On January 13,201 0, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 13-09/10,
for the purchase and implementation of an Enterprise Building Development System ("the RFPn).
BidNet issued bid notices to 189 prospective proposers, BidSync issued bid notices to 35 prospective proposers, and 37
proposers were notified via e-mail, which resulted in the receipt of eight (8) proposals.
On July 13,2010, the City Manager via Letter to Commission (LTC) No. 197-2010, appointed an Evaluation Committee (the
"Committee"). The Committee met on July 30, 2010, August 18,2010, August 22,2010 in order to short list the proposers.
In addition, 63 staff members formed seven (7) Support Teams to assist the Committee during the evaluation process by
providing feedback on the functionality of the proposed systems. The Support Teams were requested to develop "Scripted
Demos" and provide feedback to the Evaluation Committee on the functionality of the proposed systems within their area of
expertise. On October 4, 5, 13, 14, 18, 19, 20, and 21, 2010, the short listed proposers were invited to provide "Scripted
Demos" to each Support Team within their area of expertise.
On November 16,2010, the Committee convened to receive feedback from all Support Team. On January 10 and 12,201 1,
the Committee convened to receive a "General Scripted Demo" from each short listed proposer. The Committee further
discussed the proposer's qualifications, experience, maintenance and support, project cost, and project implementation team
and scored the short listed proposers accordingly. The Committee unanimously recommended that the City enters into
negotiation with the top ranked proposer, Accela, Inc., and should the Administration not be successful in negotiating an
Agreement with the top-ranked proposer, authorize negotiations with the second-ranked proposer, Computer Software, Inc.
(CSI).
THE ADMINISTRATION RECOMMENDS ACCEPTING THE RESOLUTION
Advisory Board Recommendation:
I
Financial Information:
Source of Funds:
I I
City Clerk's Office Legislative Tracking: I Gus Lopez, extension 6641
AGENDA QTEM 87 c
DATE a
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Matti Herrera Bower and Members of the City Commission
4'.
Jorge M. Gonzalez, City Manager
DATE: February 9, 201 1
SUBJECT A RESOLUTION OF THE MAYOR AND ClTY COMMlSdilON OF THE ClTY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO
REQUEST FOR PROPOSALS (RFP) NO. 13-09/10, FOR THE PURCHASE AND
IMPLEMENTATION OF AN ENTERPRISE BUILDING DEVELOPMENT SERVICE
SYSTEM; AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH THE TOP-RANKED PROPOSER, ACCELA, INC; AND
SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN
AGREEMENT WlTH THE TOP-RANKED PROPOSER, AUTHORIZING
NEGOTIATIONS WlTH THE SECOND-RANKED PROPOSER, COMPUTER
SOFTWARE INC (CSI); FURTHER AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRATION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funds in the not to exceed amount of $1,600,000.00 are available from the FY 2010/11
Capital Budget as follows:
BTC Building Tech Capital Project Account No 550-6845-000674 $1,500,000.00
Information and Communications Technology Fund 552-6845-000674 $ 100,000.00
$1,600,000.00
KEY INTENDED OUTCOME SUPPORTED
Increase Community Satisfaction with City Governhent.
Make City more business friendly.
ANALYSIS
The City of Miami Beach has been utilizing Permits Plus, an Accela, Inc. legacy product as the
main software to support the building development process and related functions. Permits Plus
does not currently interface with the existing computer systems in the City and does not
provide a complete solution for the City of Miami Beach. The Permits Plus system is utilized
by many departments in the City, but it principally includes the following departments:
Commission Memorandum - RFP#13-09-10 Purchase and Implementation of an Enterprise Building
Development Service System
February 9, 201 1
Page 2
Building (including Code Compliance Division)
Planning
Fire
Public Works
Finance
City Clerk
The City has wanted to replace the current system for several years. This project was
presented to the Information Technology (IT) Steering Committee on March 26, 2008, June 5,
2008, and October 15, 2008. The Committee recommended hiring a consultant to develop the
system requirements and issuing an RFP to replace the current software being used to
support the Building Department development process.
Additionally, in the completed audit by Watson Rice, the IT Steering Committee stressed the
importance of replacing Permits Plus to enhance the security and internal controls related to
all phases of the building development process, and to improve the efficient and effective
management of the departments.
The purpose of this RFP was to request proposals for an enterprise Building Development
Process System (the "System"). The System desired would be a turn-key system to provide a
comprehensive application to automate the City's building permit management, certificate of
use, fire inspections, project workflow tracking, code enforcement, license management,
citizen access web portal, interactive voice response, mobile inspection management, e-
government, and GIs integration.
The purpose of integrating the departments responsible for the Development Review process
functions is to improve customer service and the efficiency of the City's various departments
pursuant to the City's Strategic Plan.
The System is required to encompass all the processes involved in building permitting,
inspections, plans examination, contractor licensing, code enforcement, zoning,
comprehensive planning, land development, permitting portion of public works engineering,
fire prevention, City Clerk's Office, Special Master and business licensing. It should also make
information more accessible to the public through web-based technology; allow online
submissions to all the City's various agencies' applications and to populate each application
with existing data from City established data resources.
RFP PROCESS
On January 13, 2010, the Mayor and City Commission approved the issuance of Request for
Proposals (RFP) No. 13-09/10, for the purchase and implementation of an Enterprise Building
Development System ("the RFP).
BidNet issued bid notices to 189 prospective proposers, BidSync issued bid notices to 35
prospective proposers, and 37 proposers were notified via e-mail, which resulted in the receipt
of the following eight (8) proposals:
Commission Memorandum - RFP#13-09-10 Purchase and Implementation of an Enterprise Building
Development Service System
February 9, 201 1
Page 3
1. Accela, lnc
2. Computer Software lnc (CSI)
3. CRW Systems, Inc
4. CSDC System, Inc
5. Energov Solutions
6. Hansen Information Technologies (Infor)
7. Municipal Software Corporation
8. Permitsoft, Inc
On July 13, 2010, the City Manager via Letter to Commission (LTC) No. 197-2010, appointed
an Evaluation Committee (the "Committee") consisting of the following individuals:
Alex Rey, Building Director
Fernando Vazquez, City Engineer
Gayle Durham, Resident and Leadership Academy Graduate
Jeffrey Forster, Resident and Leadership Academy Graduate
Richard Lorber, Planning and Zoning Manager
Sonia Machen, Fire Marshall
Trish Walker, CFO
During the process, the City Manager appointed resident and Leadership Academy Graduate
Ahmed Cruz to replace Jeffrey Forster and Chief Elevator Inspector John Antona to replace
Alex Rey.
In addition, 63 staff members formed the following Support Teams to assist the Committee
during the evaluation process. The Support Teams were requested to develop "Scripted
Demos" and elect chairpersons to provide feedback to the Evaluation Committee after
receiving presentation from the "short-listed" proposers. Please see Appendix "C" for members
of each Support Team.
Support Team 1 General System Requirements
Chairpersons: Glester Edwards, Rashonda Blatch, and Andrea Agha
Support Team 2 Specific Building Development and Related Processes Requirements.
Chairperson: Richard McConachie and Gladys Salas
Support Team 3&5 Code Compliance, City Building, Fire Codes, and Special Master;
Chairperson: Greg Tindle, Jose Alberto, and Adrian Avalos.
Support Team 4 Licensing - Business Tax and Other Permits.
Chairperson: Georgina Echert and Manny Marquez.
Support Team 6 Predevelopment Approval Process.
Chairperson: Susana Alonso and Michael Belush.
Support Team 7 IT requirements.
Chairperson: Glester Edwards and Bert Dorrestyn.
On July 30, 2010, the Committee convened and a quorum was attained. The Committee
members were provided with Performance Evaluation Surveys and additional information
provided by the responsive proposers. The Committee requested feedback from the IT
Support Team (Team 7) on all proposals received.
Commission Memorandum - RFP#13-09-10 Purchase and Implementation of an Enterprise Building
Development Service System
February 9, 201 1
Page 4
The Committee was informed that the following Evaluation Criteria was to be used to evaluate
and rank the proposers, for a total of 110 possible points:
Project costs (Fixed cost and maintenance and support cost)
System architecture and network integration
System functionality
Maintenance and Support
Independent company assessment and references
Project implementation team
25 Points
15 Points
35 Points
15 Points
10 Points
10 Points
On August 18, 2010, the Committee convened to receive feedback from the IT Support Team
(Team 7) and initiate the short listing process. The Committee requested further clarification to
determine the technical responsiveness on several proposers. The Committee also requested
feedback from each Support Team Chairperson on all proposals received.
On August 22, 2010, the Committee convened to receive feedback from each Support Team
Chairperson. The Committee also received confirmation on the technical responsiveness of all
proprosers which allowed them to finalize the short listing process. The Committee discussed
their individual perceptions of the proposer's qualifications, experience, price, and
competency, and ranked the proposers accordingly.
RW SYSTEMS INC
The Committee recommended inviting the four (4) top ranked proposers to provide Scripted
Demos: (I) Accela, Inc; (2) CRW Systems, Inc; (3) Computer Software, Inc. (CSI); and (4)
CSDC Systems, Inc.
Commission Memorandum - RFP#13-09-10 Purchase and Implementation of an Enterprise Building
Development Service System
February 9, 201 1
Page 5
SCRIPTED DEMOS
Support Team members spent countless hours in the development of the Scripted Demos to
be performed by the short listed proposers. The Support Teams convened on the following
dates in order to develop the Scripted Demos, which would be provided to the short listed
proposers for demonstration:
Team 1 : April 12, May 17, May 24, June 4, and September 24,201 0.
Team 2: April 20, May 17, June 2, September 23, and October I, 201 0.
Team 3 and 5: April 13, April 14, May 18, May 24, June 1, June 15, September 24,
October I, 201 0.
Team 4: April 15, May 19, June 4, September 24, 201 0.
Team 6: May 18, May 25, June 2, September 30,2010.
Team 7: April 16, June 21, August 9, 201 0.
All Support Teams were invited to attend the Scripted Demos scheduled with the four (4) short
listed proposers during the month of October. Each Support Team was scheduled for a two (2)
hour Scripted Demo session with each short listed proposer. In addition, before each
proposer's departure, all Support Team members were invited to a one (1) hour general
Questions and Answer (Q & A) session in order to address any issues that were not covered
during the individual Scripted Demo sessions. The Scripted Demos were scheduled as follows:
Accela, Inc - October 4 and 5, 2010;
CSDC Systems - October 13 and 14,2010;
CRW Systems - October 18 and 19,2010; and
Computer Software, Inc (CSI) - October 20 and 21, 201 0
On October 22, 1010, all Support Team Chairpersons were scheduled for a general meeting.
In addition, all Support Teams convened on November 1 thru 4, 2010, in order to finalize the
reports to be presented to the Evaluation Committee.
On November 16, 2010, the Committee convened to receive feedback from the Support Team
Chairpersons on the functionality of the system proposed by each short listed proposer. During
said meeting, the Committee further requested to invite all four (4) short listed proposer back
to perform a general scripted demo to the Committee.
On November 22, 2010, all Support Team Chairpersons convened to develop the General
Scripted Demo, as requested by the Committee. The four (4) short listed proposers were
scheduled as follows to provide General Scripted Demos to the Committee:
CSDC Systems, Inc. - January 10,201 1 (AM)
Computer Software, Inc. (CSI) - January 10,201 1 (PM)
CRW Systems, Inc. - January 12,201 1 (AM)
Accela, lnc - January 12,201 1 (PM)
On January 10 and 12, 201 1, the Committee convened to receive the aforementioned General
Scripted Demo from each proposer. The Committee further discussed the proposer's
qualifications, experience, maintenance and support, project cost, and project implementation
team and scored the short listed proposers accordingly. The tabulated results are the
following:
Commission Memorandum - RFP#13-09-10 Purchase and Implementation of an Enterprise Building
Development Service System
February 9, 201 1
Page 6
FINAL RANKINGS
OFTWARE INC
A motion was presented by Sonia Machen, seconded by Gayle Durham, and unanimously
approved by all Committee members recommending that the City enters into negotiation with
the top ranked proposer, Accela, Inc., and should the Administration not be successful in
negotiating an Agreement with the top-ranked proposer, authorize negotiations with the
second-ranked proposer, Computer Software, Inc. (CSI).
ACCELA. INC
The base cost proposal from Accela, Inc., is the following. Please refer to Appendix "A for
complete Cost Proposal and related pricing notes:
A. Software License Cost $98,691.16
Building Development Process
Code Compliance
Licensing
Special Master
$50,000.00
$ 17,500.00
$31,191.16
Included in Project Management
(") Additional cost relating to travel time and training will be negotiated.
Accela, Inc., ("Accela") was incorporated in California in 1981. Accela has provided permitting,
workflow, asset management, ,code enforcement and related software systems to state and
local government agencies nationwide since its inception.
Commission Memorandum - RFP#13-09-10 Purchase and Implementation of an Enterprise Building
Development Service System
February 9, 201 1
Page 7
Accela is proposing the solution "Accela Automation". For more than 25 years, Accela
products have evolved to provide government agencies state of the art workflow solutions. Ten
(10) years ago, Accela merged with Permits Plus (currently in use by the City of Miami Beach).
Accela is intimately familiar with the database structure of Permits Plus and have had
numerous experiences in its migration to the Accela Automation system.
For the past eight (8) years, the product proposed, Accela Automatation, has advanced the
role of government and improved the service levels at government agencies. Throughout this
time, the system has been updated, refined, and enhanced through upgrades and add-on
functionality.
The solution will use current technologies to expand data access for integrating the
departments responsible for the Development Review process, realize automation, reduce
processing times, eliminate processing deficiencies to improve customer service, and support
comprehensive data reporting.
Accela Automation runs on a relational database using an entirely web-based technology.
Some of the Accela Automation feature highlights are:
* Manage unlimited Planning, Building, Fire, Public Works, Code, License, Clerk &
Special Master types using Accela Automation, each complying with the City's exact
regulations and internal procedures.
Customized, role-based consoles are targeted to specific agency roles, allowing end-
users to view and query only the information they need to efficiently perform their
duties.
Proactive alerts and bulletins enable dissemination of critical information throughout
your entire agency through the use of the Alert Portlet. Alerts may prompt users to take
action on an item or provide general warnings. Using the Accela Citizen Access add-on
module, proactive alerts may be sent to citizens.
Scheduling and rescheduling reviews, inspectors, hearings or meetings within Accela
Automation improves efficiency and keeps processes on schedule. This feature, when
used with Accela Mobile Office, provides comprehensive mobile
inspectionlenforcement management solutions.
Guidesheets and routesheets aid inspectors and investigators in completing case work
more effectively (checklists for a particular inspection or day planner for inspectors to
organize their days).
Accela's workflow engine permits extensive configuration to match and enforce agency
business processes, allowing agencies to track application and licenselpermit
processes through its life cycle. The Workflow maintains vigilance over each task
comprising your processes, automating task assignments, routing, and e-mail
notifications.
Even manager Script Engine (EMSE) functionality permits easily configured scripts to
automate processes such as triggering pre-authored e-mails or calling external
systems.
Commission Memorandum - RFP#13-09-10 Purchase and Implementation of an Enterprise Building
Development Service System
February 9, 201 1
Page 8
Smartcharts provides at-a-glance, summarized business information and statistics so
that end-users can view actionable data and take steps to improve agency operations.
Accela List Portlest gives users fast access to metrics that affect appropriate
management of resources, project investigatory operations, plan schedules and
produce detailed statistics.
Add-on modules enhancing the functionality of Accela Automation includes: Accela
Citizen Access, Accela Mobile Office, and Accela GIs.
Accela is proposing an unlimited departmental site license, because it is in the best interest of
the City when staff increases. The system requires no customization; relying instead on
configurability during our implementation, and which can be later supported entirely by City IT
Staff as Miami Beach's requirements evolve.
Accela has methodology in place where upgrades to its product are released twice a year for
distribution to customers. In addition, Accela's Customer Resource Center (CRC) is available
via phone, fax or online from 7:00 AM to 9:00 PM. The CRC can also provide on-line, real-time
assistance via WebEx. Self-support tools allow users to search the knowledge base and find
instant answers to many commonly asked questions about the product.
In addition, Accela Citizen Access offers the City of Miami Beach the opportunity to provide a
"Business Express" service to their community and credential holders. This will provide
regulated professionals easy access to required processes, while providing the public a view
of the business community. Whether in the City's Business Center or with inspectors in the
field, government will work at an optimal efficiency and effectiveness.
Accela is proposing to parner with RedMark Technologies, a certified Accela partner and
premier provider of implementations, consulting, and professional services. RedMark's
extensive network of professionals range from software experts to strategic consultants who
will work closely with City and Accela staff to ensure a timely and well managed
implementation. RedMark Technologies has worked with Accela on various government
agency implementations including Maricopa County, AZ, Lenexa, KS, The Woodlands, TX,
and Brevard County, FL.
Some of the current clients of Accela are City of Charlotte, NC, Washington DCRA, City of
Oklahoma City, OK,Cabarrus County, NC, Hillsborough County, FL, City of Palo Alto, CA,
Pinal County, AZ, and Brevard County, FL.
COMPUTER SOFTWARE, INC (CSI)
The base cost proposal from Computer Software, Inc (CSI) is the following. Please refer to
Appendix "B" for complete Cost Proposal and related pricing notes:
Commission Memorandum - RFP#13-09-10 Purchase and Implementation of an Enterprise Building
Development Service System
February 9, 201 1
Page 9
A. Software License Cost $301,300
Building Development Process
Code Compliance
Licensing
Special Master
(*) Additional cost relating to travel time and training will be negotiated.
Computer Software Inc. ("CSI") is based in Chalfont, PA and has been providing software
solutions to government and commercial clients for the past 28 years. CSI clients include more
than 130 government organizations.
CSI believes in total Customer Satisfaction. Total Customer Satisfaction cannot be achieved
simply through offering cutting-edge technology. It is achieved when cutting-edge technology
is delivered to clients on-time, on-budget, and with excellence on-going support. CSI does not
contract with third parties on the implementation of the core MAGNET municipal system nor
does it contract with third parties on the maintenance and support of the system thereafter.
CSI handles all aspects of the relationship in-house.
CSI proposes the solution MAGNET. MAGNET is the browser-based software utilizing the
latest in easy-to-use web 2.0 technology and open data standards. MAGNET expedites
planning, property management, permitting, licensing code enforcement, inspection, and
tracking process. MAGNET will significantly improve the City's ability to manage and access
property information via a single web-based solution. MAGNET will connect the City's
departments and allow staff to work in on system, anytime, and from anywhere. Some of the
MAGNET feature highlights are:
Easy to use for staff with limited computer skills
Fully integrated GIs features that are practical and user-friendly
Automatic reminders help keep issues and data from "falling through the cracks"
Tracking and recording of municipal data such as permits, subdivisions and land
developments, request for services, due dates, follow-up tasks, etc.
Ability to add digital pictures and associated documents with point-and-click simplicity.
Support for complete mobilization of Building & Code Enforcement staff through
MAGNET mobile. Real - time access for field staff to all of the same data and
functionality as in-house staff. .
Easy to use selected data access to residents through the web.
Disaster recovery with built-in off-site backup.
Commission Memorandum - RFP#13-09-10 Purchase and lmplementation of an Enterprise Building
Development Service System
February 9, 201 1
Page 10
MAGNET Customer Web Portal is a separate web mapping interface specifically designed for
Miami Beach customers. The bi-lingual portal will provide citizens with the direct ability to
obtain up-to-date information regarding an individual parcel within the City's jurisdiction.
Citizens can view information about existing permits, violations, etc. Citizens can also use the
portal to submit complaints. The information made available on the portal is completely
configurable by City personnel and can include as much or as little information as desired.
CSI will converge and import database data from all existing relevant database system
currently used by the City of Miami Beach. CSI will also import an unlimited number of
spreadsheets or other user-generated. CSI also will import any documents, spreadsheets, and
other files that are currently attached or belong to specific properties or permits.
CSI provides free support access 2417 with the following on-line benefits: E-support is a 2417
online portal for CSI customers. Customer Service phone access is available from 8:00 AM to
5:00 PM and calls are prioritized by High (response with 4 hours), Medium (response within 8
hours), and Low (response within 24 hours).
Some of the current clients of CSI are City of Fayetteville, NC, Newton County, GA, Carteret
County, NC, LRA Worldwide, Inc, PA, Upper Moreland Township, PA, West Goshen
Township, PA, Muhlenberg Township, PA, and City of Gaffney, SC.
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. 13-091010, for the Purchase and
lmplementation of an Enterprise Building Development Service System; authorize the
Administration to enter into negotiations with the top-ranked proposer, Accela, Inc; and should
the Administration not be successful in negotiating an Agreement with the top-ranked
proposer, authorize negotiations with the second-ranked proposer, Computer Software, Inc
(CSI); further authorize the Mayor and City Clerk to execute an agreement upon the
conclusion of successful negotiations by the Administration.
T:\AGENDA\ZOT 1\2-09-1 l\RFP-13-09-10 Building Enterprise System - Memo.doc
Commission Memorandum - RFP#13-09-10 Purchase and Implementation of an Enterprise Building
Development Service System
February 9, 201 1
Page 11
APPENDIX "A"
ACCELA INC.'S COST PROPOSAL
AITACHMENTV '
COST PROPOSAL
Cost Proposal Base Bid : RFP # 13-09140
1 Building Oeveloprnent ~rocess
2 Code Campliance
Department Sife License for Accela Automaion
Licensing and Case Management lncfudes behw:
3 Licensing
Addi1'0nal Sohre to meet &e City of Miami Beach
requiremenfs to be used by any dapzrxtmmt:
Sifa LEwnse fox AcceIa GIS
Site timanse Por Accsla Mobite MCB
Acwta Citizen Access
4 Speciaf Master
(included in f raja Management/lmplementation below)
5 Miami-Dade County Interface Optian
Project hifiation $ 14.816.00
System Setup $ 5.680.00
Analysis and C~nSjgumtion $188,750.00
Report Development $.z 12,soO.OO
User Acceptance Testing $ 20,000.00
Go-Live Support $ 21,000.00
Accela GIS Services $ 35,620.00
AcceIa Mobile Office S@rviws $ 18,760.00
Accela CRizen Access Services $ 23,750.00
Project Management $103,926-00
interfaces $173,280.00
Estimated f ravel $ 31,060.00
S( .'&?, :, r ' , .. ., ,,-;. , &.::'..<>>c., >, ,c., '.;. . . . * ~~2.,a~~:Gon~ers,'on4i,.$s~:$,:
Data Conversion Tot& incIuales the items beiow:
1 Active Compositions
2 Historical Compositions
Commission Memorandum - RFP#l3-09-10 Purchase and Implementation of an Enterprise Building
Development Service System
February 9, 201 1
Page 12
1 Daily Rate for Data Conversion per Sextion II - 3 $ ?,200.00
2 Uectronic Signahrre Option per Section IV - 13 $120,050.0CJ
NOTE: If ttre proposal assumes off-shore canverslon and there is an incmase in -
price by doing the work domesticatly, tho proposer should identify that
cost ras part of &elf proposal in a supplementar form ta this Attachment V - Cost Praposal.
Commission Memorandum - RFP#l3-09-10 Purchase and Implementation of an Enterprise Building
Development Service System
February 9, 201 1
Page 13
City of Miami Beach, FF
Accela Aufomatian System Government Software
Pricing Nates:
1. The pricing set iorth herein reflects information generally known to Accela, supplied to hcela by the
City of Mbmi Beach and based on Accela's interpretstfon of the RFP. Furtfier information gathered
through d&kd investigation by Accala is required before a final Stabmerit ofwork and pricing can
be mutually agreed upon.
Proposed Modules
Accela Land Management
Awela Licensing and Case Management
Accala GIs
Accela Mobile W~ce'
Accela Citizen Access
2. Senrice msb am subject to a yearly increased based on CPI.
3. Prior to Contract execution, Amla may request a mutually agreed upon evaluation of the Ci of
Miami Beach, business pradces and operations in preparation of the final Statement of Work.
4, 3rd Party Software (Licenses Required) - The following 3rd pa@ software isa included in the
Awl8 Ware installer. Separate Ilcensm are required.
Macromedia CoEdFusion CFMX 7.0.2, Enterpfise Edition (per Web .sewer) ar Railo, an open
source CFML engine and the fastest CFML engine avaljable
Microsoft SQL option, MS SQL Server 2005, Microsoft Windows Server 2503
Oracle option, Oracle RDBMS version Bi or 109
Brava ~5.0 Ifor enhanced viewing of documents) Optional
ArcGlS Server 4.3.1
ArcGlS Server Nehhrcrk Extension (for Accela GIS Optimkd Routing module)
ArcGlS Engine (for Amla Mobile Offjce offline mapping of' agency ESRf map data)
ArcGlS Engine Network Extension (for Accela Mobile Office offline routing, also requires Accela
GIS Optirnired Routing module)
5. The following 3rd party sohare is included in the Accela Soffware Installer. No additions[ [icenses
are required.
JBoss 4.2.2.GA with Integrated Tomcat 6.0.10
Vembu SwisSQt BPI 1.7 (for MS SQL Se~er vwsion only)
Java, version 1.5.0-1 3
Jet Speed Portal Software version 1.6
Jakarta Ant, version 1.7.5
DataDirmt OODBClJDBC f)rivm (Amla branded) for RIfS 5QL Sewer only
6. Agsncy is responsible for applicable sates tax.
7. These costs are valid for 120 days. After the 120day period, all prices are subject lo change. This
quote supersedes any previous written or verbal estimates.
8. Ail Wiling terns are due net-30 from invoice.
' Note: Accsla Wrsless userlrsnw mus! be accompanied by an Accela Auornauw, user license. Awing fhe Mobile GIS wrnponeni MAoceta
Wmess repu+~ Aocela OIS userilcMsing in sddifim to AcceJa W&es and Aocele Auloma(lon licensss
Commission Memorandum - RFP#13-09-10 Purchase and Implementation of an Enterprise Building
Development Service System
February 9,201 1
Page 14
City at Miami Beach, Fh
Amcab &tomation System Government Software
0. 100% of iiwnse and <"year maintenance are due upon contract execution. Maintenance is due
annually based on the anniversary of contract signing. Maintenance can increaSe up to tO% annually
unless a rnufti-year maintenance agreement is executed.
10. 15% d serrviws amdue upon contract execution and the remaining 85% due upon mrtktally agreed
to milestones during the course of the implementation.
7 I. Conttactor proposes that the parties negotiate all payment schedule terms in good faith, using
Contr;mctor's standard payment schedufe (described above) as a starting point for such negotiations.
12 Tml $me and expenses will be billed as incurred. Trawf time will be br'fled at a rate of $140.00 per
haur. Professional services will be billed sit a rate of $185.00 per hour. Training wiIl be billed at a rate
of $225.00 per hour. BPling terms br professional services, travel time, training, and expenses are
Net30.
!
13. This estimate does not indude any 3* party hardware or software costs. Awela fs not a reset#er oF
such produck and is not authorized to provide estimates on behalf of these 3& pa@ hardware- or-,
software companies. Hardware and software requirements are outlined within the proposal and tWe
appropriate hardware os software vendor should be cantactFxl %;or special pricing specifk to the City of
Miami !3each.
8
Commission Memorandum - RFP#13-09-10 Purchase and Implementation of an Enterprise Building
Development Service System
February 9, 201 1
Page 15
APPENDIX "B"
COMPUTER SOFTWARE INC.'S COST PROPOSAL
ATTACHPENT V
COST PR0POSAL
Cost Proposal Base Bid : RFP # lf349MO
I Building Deveiopment Promss $138550
2 Code Compjiance
3 ticansing
4 Special Master
5 Miami-Dade County frrterface Option
2 Historical &brnpitions $30,000
3 Daily Rate for Data Conversion pet Sectian It - 3 $2,000
2 Electronic Signature Option per SMon IV - 13 t 30,000
NOTE: If the proposal assumes off-show conversiaa and there is an incr~aase in price by
doing the work domesticaf!y, the pmpcrser should identify that east as part of their
proposal in a suppbmrsntaI form to this Attachmenf; V - Cost Proposal.
Commission Memorandum - RFP#13-09-10 Purchase and Implementation of an Enterprise Building
Development Service System
February 9, 201 1
Page 16
'"': COST PROPOSAL
Spem Set Up, CanfguratjonI Pivgrumming,
Projection Management, and Inte#acing.
Maintenance, and in terfacer Maintenance.
Commission Memorandum - RFP#13-09-10 Purchase and Implementation of an Enterprise Building
Development Service System
February 9, 201 1
Page 17
ARAGATET Software Lfcexlse Included in this Cost Proposak
lt#&GNETBac,k Office Ueem:
Building Development Pmcesr Module
* Code Compliance Modcrie
* Licensing Module
Speciaf Master Module
BtLingual
Mapping Viewer with Permitted Uses
Online citizen complaints
Online web-based applicat#om for pmjectr, permit% and Iicrrnses
Oniine web-based information retrieval forproperties, projects,
Permits, and lkenses
Qient selected case inknation
Registration sptern
schedule inspections
Permitted uses document for every parcel
Print Plot Plan on Graph Paper
anfine Acceptance of credk ads (does not include any payment
gateway charges f
Online resident mapping (overlaid an Google maps) .
The City will have Its chaice of three MAGNET Mobile options as outlined in Additional Documentation
MAGNET Mabile Solutions and Cast Tabie.
XmpIexnentat;fon Services Included in this Cost Pmpasal:
All business rules, dara fields, warkflaws, etc. will be configured to the specific needs and requirements
ofthe City of Miami Beach. Configurations included for land annexation, zoning, s&e development
permitting, pIatting, inspections, code enforcement, business licensing, and mobile.
Commission Memorandum - RFP#13-09-10 Purchase and Implementation of an Enterprise Building
Development Service System
February 9, 201 1
Page 18
The City will have full access and use of aft the reparks in the MAGIVETStandanl Repotts tibmry.
AddRionally, during the implemei~tation process, your MAGPdFf Implementation Engtoeerwifl work wlth
the City to determine if there are any further reports the City desires which CSf hasn't already developed
as part of its library. If the City has an additionai report they need, CSI will mate this for the Ciry at no
additional charge and, at the City's permtsslon, CSl will add the new report to the NAGIVrrLibraryfor
the benefit of other municip~lttles. UkewZse, when other MAGNR diem add repom to the library, the
City of Miami Beach will benefit from the free use of Wese reports.
The City will have full access and use of all the furms in the IV1AGhrETLlbmry. MAGNET andard fom
will be configured to meet the specific needs and requirements ofthe City. If the City has an additional
.form they need, which is not already contained in the MAGNEftibrary, CSt will creaG this far the City at
no additlonaf charge. At the CEty's permission, CSI will then add the new form to the MAGNETLlbmrybr
the henefli of other municipalities. Likewise, when other MAGNETcIients add forms to the library, the
City of Miami Beach wlif b@neAt hm the ftee us of these forms.
The Clty wifl have MI access and use of all the certlffcates in the MAGMETLibrary. MAGNETstandard
certMcates will be configured to meet the specific needs and requirements ofthe City. If the City has an
addltionat certificate Uley need, which is not already contained in the MAGNETLibmry, CSiCSf will weate
this far the City at no addittonal charge. At the Cis perrnlssian, CSE will than add the new ertlficate $0
the IWACNETUbrffry far the benefa of other munidpalitEles. Likewise, when other MAGNET clients add
celZXEales to the library, the City of Miami Beach will kne& hrn the free use of these cnaificates,
g&&iized hms. Cerifflcotes, and Retrorts:
In the off chance the Citywishes to make changes20 the cosmetics or formatting of any MhGNETfams,
certificalles, or reports, these cosmeticJfamattjng changes would be mnsldered custorariwtion
requests. Custornitatlon can be performed at a cost of $12S/hr and will be quoted to the Eity on an as-
needed basis.
*This does not cippjy to the thy's unlimitred access tu MAGNEPs existing repart. flbrary nor dm it appIy
to the City's right to request un!imited urlditiional repom which do nat currently appear in wr library.
This custmization&e g& apglfes to mquesZsfurchhernges in the cosmetics or format tin^ of MAGNET
reports.
CS! wili design, implement and test .the following interfaces f6r fie City of Miami Beach:
Commission Memorandum - RFP#13-09-10 Purchase and Implementation of an Enterprise Building
Development Service System
February 9, 201 1
Page 19
* EDEN Inforum Gold
Navatirne - ProjectDox
* intenrofce Inters& Version 3.5.5 TDM WR System
* New World System
WebQM
Miami-Dabe County Interkce (included in software pAcing as requested on COST
PROPOSAL ATFACHMElVf V)
* The cast fur inte@adng includes all CSf fuhr andsoftwart: customiz&un required to achieve the desired city
ftmm'anafity. The sucm of accampfishing the city% desired Wines gwfsfor interfacing MAGNET with tmrjaus
fhirdparfy uppIic&-~ns js dependent an the third party productsslrpporiing the desiredspecffc bushes
functions ar; wil las prclvIdIn9 the necessary fnterface domrnentm'un andfunctionality.
CSI will converge and import databax data from all existing rele~nt database systems currenth used by the
Cky of Miami Beach. We wfil also import an unflmitad number of spreadsheets or other use^-generated d&~ as
tong as the data currently exists in a farmat where there is a clear mapping between the data being lmportord
and a location in MAGNET. CSt can create additional info fields in NiaGRIETZo support any type of data being
converted over from the legacy syslem.
CSI wilt also import any documents, spreadsheets, and other filesthat are currently attached or bebng to
specific properties, permits, etc, Once again, this is unlimited so long as the storage structure ofthe data is in a
form where it is readily identifiable what the mapping is From the file to-a patticutat- record within MAGNET.
We can import (attach) documents that are fumntfy organized in either a reference database ar a hierarchical
file system structure.
ESl's data conversion services include the conversion, implementation, and verification of Ci of Miami Beach
iegacy data {Perm'ts Plus and EDEN), and exisking GIS Data; an unlimited number of GIs layen are incfuded.
*Alt data supplied by CRY*
Training Services:
Uperatartraining using Purchaser's data estimated 9 days as specified in the MAGNET Project Plan.
We have proposed nine days of an& trainingto aver aft of the expected City of Miami Beack system use%
for your budgetary purposes, you an plan on our provided training quote to be a not-te-wceed price for
training. Travel is frilled separately from training.
Commission Memorandum - RFP#13-09-10 Purchase and Implementation of an Enterprise Building
Development Service System
February 9,201 1
Page 20
MAGNET Maintenance & Support:
MAGNFT Maintenance and Support includes the services outtined in the Suppart & Maintenance Section of this
response.
As priced in the wst proposal, NIAGNETMaintenancf? and Support applies to the MAGNET Back Offlce Solution,
MAGNET Customer Portal, MAGNET Mobile, and the Interfaces specified In this proposal.
ACKNQWLEDEEMBNT OF ADDENDA
Computer Software, Inc. acknowledges thar they receivd all Addenda that were publically release in
cor\iunction wMh RFP#13-QS/10.
included in the Appendix is an acknowledgement oCAddenda Attachment as provided by the City of Miami
Beach.
Commission Memorandum - RFP#13-09-10 Purchase and Implementation of an Enterprise Building
Development Service System
February 9, 201 1
Page 21
Chairperson: Andrea Agha, Rashonda Blatch, Building - Candelario Martinez, Jimmy Zeigler, Glester Edwards, Rashonda
Glester Edwards Blatch, Brad Mester
Planning- Susana Alonso
Public Works- Demar Woodson, Bart Duvall, Bert Dorrestyn
OBPI- Jim Sutter
Fire- Elena Tellez, Sonni Moore
%g@$x@bm Specific Building Development and Related Processes Building- Richard McConachie, Victor Arrnendariz, Rashanda Blatch, James
Requirements Leggett, Brad Mester, Judith Gonzalez-Pantigoso, Robert Jonas, Luis
Perez, Gladys Salas, Rosendo Prieto, lbrahim Alvarez, Carlos Fernandez
I I Fire- Sonni Moore
Building- John Antona, Mohsen Jarahpour
Chairperson: Georgina Echert, Manny Marquez Public Works- Demar Woodson; Corey Burton; Gabriel Fortune; Leonardo
Francis
Code Compliance- Manny Villar
Planning- Susana Alonso
OBPI-
gd$mqxm@5
Joseph
Code Compliance- George Castell, Simon Ca~il
City Clerk- Lisa Martinez, Cindy Neves, Fernanda Silva
Finance- Manny Marquez, Georgina Echert, Juan Rodriguez, Karla Adrien
Legal- Rhonda Montoya
See Team 3 for chairpersons
Special Master
Planning- Diana Rio, James Seiberling
Public Works- Demar Woodson; Corey Burton; Gabriel Fortune; Eddy
Building- Sonia LeCounte
Fire- Elena Tellez
@aawg
I I
Building - Glester Edwards
IT Requirements
Predevelopment Approval Process
Chairperson: Susana Alonso, Michael Belush
IT- Bob Biles, Nelson Martinez, Ariel Sosa, Darrius Freeman
Public Works (GIs) - Bert Dorrestyn
Planning and Zoning- Michael Belush, Thomas Mooney, Armando Valdes,
Mercedes Lamazares, Susana Alonso, James Seiberling
Building - Andrea Agha, Rosendo Prieto, Leonel Medrono
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY 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. 13-09/10, FOR THE PURCHASE AND
IMPLEMENTATION OF AN ENTERPRISE BUILDING DEVELOPMENT SERVICE
SYSTEM; AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WlTH THE TOP-RANKED PROPOSER, ACCELA, INC; AND
SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN
AGREEMENT WlTH THE TOP-RANKED PROPOSER, AUTHORIZING
NEGOTIATIONS WlTH THE SECOND-RANKED PROPOSER, COMPUTER
SOFTWARE INC (CSI); FURTHER AUTHORIZING THE MAYOR AND ClTY
CLERKTOEXECUTEANAGREEMENTUPONCONCLUSIONOFSUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRATION.
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, BidNet issued bid notices to 189 prospective proposers, BidSync issued
bid notices to 35 prospective proposers, and 37 proposers were notified via e-mail, which
resulted in the receipt of eight (8) proposals; and
WHEREAS, on July 13, 2010, the City Manager via Letter to Commission (LTC) No.
197-2010, appointed an Evaluation Committee (the "Committee") consisting of the following
individuals:
Alex Rey, Building Director;
Fernando Vazquez, City Engineer;
Gayle Durham, Resident and Leadership Academy Graduate;
Jeffrey Forster, Resident and Leadership Academy Graduate;
Richard Lorber, Planning and Zoning Manager;
Sonia Machen, Fire Marshall;
Trish Walker, CFO; and
WHEREAS, during the process, the City Manager appointed resident and Leadership
Academy Graduate, Ahmed Cruz to replace Jeffrey Forster and Chief Elevator Inspector,
John Antona to replace Alex Rey.; 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 met on July 30, 2010, August 18, 2010, August 22, 2010
in order to short list the proposers; and
WHEREAS, 63 staff members formed seven (7) Support Teams to assist the
Committee during the evaluation process by developing "Scripted Demos" and providing
feedback on the functionality of the proposed systems; and
WHEREAS, on October 4, 5, 13, 14, 18, 19, 20, and 21, 2010, the short listed
proposers were invited to provide "Scripted Demos" to each Support Team within their area
of expertise ; and
WHEREAS, on November 16, 2010, the Committee convened to receive feedback
from all Support Teams; and
WHEREAS, on January 10 and 12, 201 1, the Committee convened to receive a
"General Scripted Demo" from each short listed proposer; and
WHEREAS, the Committee further discussed the proposer's qualifications,
experience, maintenance and support, project cost, and project implementation team and
scored the short listed proposers accordingly; and
WHEREAS, the Committee unanimously recommended that the City enters into
negotiation with the top ranked proposer, Accela, Inc., and should the Administration not be
successful in negotiating an Agreement with the top-ranked proposer, authorize negotiations
with the second-ranked proposer, Computer Software, Inc. (CSI); and
WHEREAS, funds in the not to exceed amount of $ 1,600,000.00 are available from
the FY 20010/11 Capital Budget as follows: BTC Building Tech Capital Project Account No
.550-6845-000674 ($1,500,000.00), Information and Communications Technology Fund 552-
6845-000674 ($1 00,000.00); and
s WHEREAS, the City Manager has reviewed and concurs with the Evaluation
Committee's recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager, pursuant to Request
for Request (RFP) No. No. 13-09/01 0, for the Purchase and Implementation of an Enterprise
Building Development Service System; authorize the Administration tq enter into
negotiations with the top-ranked proposer, Accela, Inc; and should the Administration not be
successful in negotiating an Agreement with the top-ranked proposer, authorize negotiations
with the second-ranked proposer, Computer Software, Inc (CSI); further authorize the Mayor
and City Clerk to execute an agreement upon the conclusion of successful negotiations by
the Administration.
PASSED AND ADOPTED THIS DAY OF 201 1.
ATTEST:
CITY CLERK ' MAYOR
T:\AGENDADOl ID-09-1 I\RFP 13-09-10 -Enterprise System - RESO.doc
APPROVED AS TO
FORM & LANGUAGE
&FO WECUTION n 4
R7 - Resolutions
R7D Budget Amendments
1. A Resolution Adopting The First Amendment To The General, Enterprise,
Internal Service And Resort Tax Funds Budgets For Fiscal Year (FY) 200911 0 To
Appropriate Prior Year Encumbrances And Amend Certain Budgets.
A Resolution Adopting The First Amendment To The General Fund Budget For
Fiscal Year (FY) 201 011 1 To Set Aside Additional Funds For 201 111 2.
(Budget & Performance Improvement)
(Memorandum & Resolution To Be Submitted In Supplemental)
Agenda Itern R7 D
I Date 2-Y-l)
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, ~.rniarnibeachfl.gov
OFFICE OF THE CITY CLERK, Robert Parcher, City Clerk
Tel: (305) 673-741 1, Fax: (305) 673-7254
COMMISSION MEMORANDUM
From:
Date:
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manag
February 9,201 1
BOARD AND COMMITTEES
ADMINISTRATION RECOMMENDATION:
That appointments be made as indicated.
ANALYSIS:
Attached are the applicants that have filed with the City Clerk's Office for Board and
Committee appointments.
VACANCIES
BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE
Affordable Housing Advisory
Committee
City Commission 5 Page I
Beautification Committee 8 Commissioner Ed Tobin 1 page 4
Board of Adjustment 7 City Commission 1 page 5
Budget Advisory Committee 9 Commissioner Deede Weithorn 1 Page6
Committee on the Homeless 9 Commissioner Michael Gongora Page 10
,Agenda Item Rq
We are comrnifted to providing excellent public service ond safety to all who live, work and play Date 2-q-I I
323
BOARD OR COMMITTEE:
VACANCIES
TOTAL MBRS. APPOINTED BY:
Community Development Advisory
Committee
Commissioner Ed Tobin
Commissioner Jerry Libbin
TOTAL VAC PAGE
1 Page 11
1
Fine Arts Board Commissioner Ed Tobin 1 Page 18
Golf Advisory Committee 12 Mayor Matti Herrera Bower 1 page 20
Health Advisory Committee 11 City Commission 3 page 21
Hispanic Affairs Committee 7 Mayor Matti Herrera Bower 1 page 24
Housing Authority 5 Mayor Matti Herrera Bower 2 Page 26
Loan Review Committee 7 Commissioner Jonah M. Wolfson 1 page 27
Miami Beach Commission For 21 Commissioner Jonah M. Wolfson 1 page 29
Women
Miami Beach Human Rights 5 City Commission 1 page 31
Committee
Miami Beach Sister Cities Program 24 Mayor Matti Herrera Bower 5 page 32
Personnel Board 10 City Commission 1 Page 36
BOARD OR COMMITTEE:
Planning Board
VACANCIES
TOTAL MBRS. APPOINTED BY:
City Commission
TOTAL VAC PAGE
1 page 37
Police Citizens Relations Committee 17 Commissioner Jorge Exposito 1 Page 38
Mayor Matti Herrera Bower
Single Family Residential Review 3 Jorge M. Gonzalez, City Manager
Panel
Waterfront Protection Committee 10 Commissioner Ed Tobin 1 page 47
Attached is breakdown by Commissioner or City Commission:
Mayor Matti Herrera Bower
NON-CITY COMMISSION COMMITTEES
Citizen's Oversight Committee
Greater Miami Convention and Visitors Bureau
Metropolitan Planning Organization
o Tourist Development Council
Hilda Fernandez, Asst. CM.
Miami-Dade County Homeless Trust Board
Mitchell Maplan
J Performing Arts Center Trust (PACT)
Vacant Vacant Vacant
Dade Cultural Alliance
Commissioner Weithorn
Miami Dade League of Cities
City Commission Commit tees
First Name Appointed by
Cha~rperson Commissioner Deede Weithorn Mayor Bower
Vice-Chair
Alternate
Member
Liaison
Commissioner Jerry Libbin
Commissioner Jonah Wolfson
Commissioner Jorge Exposito
Patricia Walker, Chief Financial Off.
Mayor Bower
Mayor Bower
Mayor Bower
Chairperson
Vice-Chair
Alternate
Member
Liaison
Commissioner Michael Gongora
Commissioner Jonah Wolfson
Commissioner Deede Weithorn
Commissioner Edward L. Tobin
Richard Lorber, Acting Planning Dir
Mayor Bower
Mayor Bower
Mayor Bower
Mayor Bower
Chairperson Commissioner Jerry Libbin
Vice-Chair Commissioner Edward L. Tobin
Alternate Commissioner Michael Gongora
Member Commissioner Jorge Exposito
Liaison Barbara Hawayek, Code Compliant
Mayor Bower
Mayor Bower
Mayor Bower
Mayor Bower
Monday, January 31. 201 1 Page 1 of 1
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
FROM. Jorge M. Gonzalez, City
DATE February 09, 201 1
MENTS - CITY COMMISSION APPOINTMENTS SUBJECT: BOARD AND COMMITTEE AP
ADMINISTRATION RECOMMENDATION
Make appointments as indicated.
BOARDS AND COMMITTEES
Affordable Housing Advisory Committee
Board of Adjustment
Capital Improvements Projects Oversight Committee
Health Advisory Committee
Historic Preservation Board
Miami Beach Human Rights Committee
Personnel Board
Planning Board
F:\CLER\$ALL\MARIA-M\B & C\Commission Memo B & C FOR 2-09-1 1 .doc
329
Agenda Item R9 A I
Date 2-9-11
Composition:
The committee shall consist of eleven (11) voting members with two (2) year terms appointed at
large by a majority vote of the Mayor and City Commission:
One citizen:
1) actively engaged in the residential home building industry insconnection with affordable housing;
2) actively engaged in the banking or mortgage banking industry in connection with affordable
housing;
3) representative of those areas of labor actively engaged in home building in connection with
affordable h~using;
4) actively engaged as an advocate for low-income persons in connection with affordable housing;
5) actively-engaged as a for-profit provider of affordable housing;
6) active'ly eniaged as a not-for-profit provider of affordable housing (Housing Authority member);
7) actively engaged as a real estate professionakin connection with affordabld housing;
8,)~activ.eIg sebl~g on the local planning agency pursuant to Florida Statute 5 163.3174 (Planning
, Ej@-ardih$&ei)j.',., , , + :,. - - ,..
9,) fihp vc$$id,e'$. within the jurisdidiop of the local governing body making the appointments;
l0y$h6- r-~rj'r$s&n'h emplbyers within the jurisdlttion;
1X)'hhb' ~ . rhpiesents essential services personnel as defined in the local housing assistance plan.
- i I '
1 *
kei-ribers of the Loan ReView Committee, members of:the Community Development Advisory
Committee (CDAC), Planning Board and Miami Beach Housing Authority may be app~inted to fill any
orthe eleven (11) categories and serve as ex-officio voting members on this committee. If due to
confllkt d ifiterest by phspective appointees, or other rebsonable factor, the City is unable to appoint
a citizen actively engaged ih these activities in connection with affordable housing, a citizen engaged
in-the activity without regard to affordable housing may be appointed.
David Smith (2) BankinglMohgage 12/31/2010 City Commission
R~bert . Saland - (5) For profit 12/31/2010 City Commission
Jonat'han FrYd (8) Local Planning Board 12/31/2010 City Commission
Stephanie Berman (3) Rep. Labor Home Bldg. 12/31/2010 City Commission
To replace Roberto (6) Not For Profit 12/31/2012 City Commission
DaTorre
To replace Dr. (10) Rep. Empl. withlju 12/31/2011 City Commission
Barry Ragone
To replace Ada (4) Low-Income Advoc. 12/31/2011 City Commission
Llerandi
To replace Brian (1) Res. Home Bldg. 12/31/2012 City Commission
Ehrlich
To replace Lianne (1 1) Rep. Essential Serv 12/31/2011 City Commission
Pastoriza
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
. -- - - - .- - __ _ - ._ _______-
Clark Reynolds (9) Res. Juris. Local Gvt 12/31/2011 City Commission 12/31/13
Michael Btlrnstine (7) Real Estate Prof. 12/31/2011 City Commission 12/31/13
*.- /_ _ _ I __ _,-,XI & I ^- .-. --.*nT-.,e. ..t --F-Y- l-t".---~,-*~m~"~tl*l~-~&-w----~~*----~--
MontItiy, Janunty 31, 201 I Page I of 48 (Continued. ...
Board .. . and ~om-ei I ..
Current Members
Applicants -- -- - - -
Posi tion/Ti tle
- - ---- ' ' kppicants ' ~ositioni~it~e
Amy Perry
Charles Urstadt
Karen Fryd
Mario Coryell
Steven Gonzalez:
Andrew Fischer
Dr. Barry Ragone
Marie Towers
Roberto DaTorre
. . .. . . . '_ . -..*- - Y ', .-"I_C---L-^-IYY-.U.I-7rd--"--
PX..
Montlny, Janunry 31,2011 Pnge 2 of 48
Composition:
Two (2) year term,
Appointed by a 5/7th,vote.
Seven (7) voting members composed of two members appointkd as citizens at-large and five
members shall be app~inted from each of the following ~tegofles (no more than one per categary),
namely: Law, Architeare, ~ngineering, Real Estate Develpgment, Certified Public Accountant,
Financial Consultation, and General Business, The membebs kprqsenting the professions of law,
architecture, engineering and public accounting shall be duly licensed by the State of Florida; the
member reprd'senfing general business shall be of responsible stb'nding! in the community, and each
member shall 'be bound by the requirements of the Cqnflictd Interest Ordinance of the City and shall
be subject to remaval from office for the violation of the terms thereof. No md"ii?ber shall have any
financial oi'other interest in any matter coming before the board.
Members shall be apppointed for a term of two years by a five-seventh vote of the city commissjon.
Members-of the )8pard,of.&djustment must be either residentfi of or have their principal place of
busirif5ss in ~~m\,~epch;..pro,v~ded, hdwever, .that this amendment shall not affect the term of existing
m~mbers of the Board of Adjustment.
City Liaison: Antonieta Stohl
To replace Andrew At -large 12/31/2012 City Commission
Resnlbk -
Name . Lpst Name PositionfTitle Term Ends: Appointed by: Term Limit: _--- - -- -- L -- - '-,
Alexander Annunziato At-large 12/31/201 1 City Comm'ission 12/31 /I 3
Andrkw Resnick Real Estate Developer 12/31/2012 City Commission 12/31/15
BTY a,n , ~asenfeld C P,A 12/31/2911 City Commission 12/31/15
Liar Leser Financial Consultation 12/31/2011 City Commission 12/31 11 3
Richard Preira Law . 12/31/2012 City Commission 12/31/16
Shew Roberts General Business 12131/2(311 City Commission 12/31/13
$&licsn - ts - :~*siti~%l~itli . * ' Applicants Position/Title
Alan Fishman Brian Ehrlich
Dov Konetz Josh Gimelstein
Joy Malakoff Micky Ross Steinberg
Rafael Velasquez . Scott Needelman
Cam position:
The Capital improvement projects oversight committee shall consist of nine (9) voting members, eight
(8) of whom shall be appointed by the city commission as a whole (at-large-appointees), The
membership of the committee shall further be comprised as follows:
1, The mayor or his/her designee, who shall sit as a voting member of the committee, and shall also
serve as chair person of the committee;
2. At least two (2) members shall be selected with experience in one of the following technical fields:
a, engineering;
b, architecture and/or landscape architecture; or historic preservation;
3. At least two (2) members shall be selected with experience in one of the following technical fields:
a, construction/general contractor; or
b, developer;
$1 . - " , II ,-" .\*
4, Two (2) members shall be selected with experience in the following technical field and/or the
following category:
a. capital budgeting and/or finance; or
b. citizen-at-large; and
, *
5. The.remaining two (2) members shall be selected from any of the technical experience categories
set forth in subsections (2) or (3) above.
City Liaison: Charles Carrefio g$g&j
Erik Agaz~m (C4) Cap.Budg/Finance 12/31/2010 City Commission 12/31 11 3 *da@&$f
Name
Christrna
wight
Eleanor
Elizabeth
Fled
Rlchard (Rick)
Saul
Stacy
.Last Name Positionffitle - ..--- -- -
Cuervo (C5) Developer
Krqai (2) Engineer
Carney (C4) At-large
Carnargo (G2) Architect
Karltpn (C3) Developer
Kendle (C5) Engineer
Gross (1) Mayor Designee
Kilroy (C3) ConstIGen Contractor
Term Ends: Appointed by: - -- - Term Limit: -- -. -. - - - --
12/31/201 I City Commission 12/31/13
12/31/2012 City Commission 12/31/13
12/31/2011 City Commission 12/31/15
12/31/2011 City Commission 12/31/13
12/31/2011 City Commission 12/21/13
12/31/2012 City Commission 12/31/13
12/31/2011 Mayor Matti Herrera Bower 12/31/15
12/31/2012 City Commission 12/31/13
-- -- - - -
Applicants - -. - PositionITitle
. -. - - -- -. - - . - - -- -- Applicants Positionrritle
Brsnt Coetree Brian Ehrlich
Christian Folland
Ivette Isabel Borrello
Jason Green
Dominique Bailleul
James Lloyd
Michael Laas
Rirna Gerhard
Composition;
Eleven (11) voting members, Appointed by the City Commission at-large, upon recommendations of
the City Manager:
Two (2) members shall be the chief executive officers (CEO's) or their designated administrators from
each of the fo/(~wing lbcal hospitals:
1) Mourlt Sinai Medical Center,
2) South Shore Hospital, c
One (I) member shall be the Chief Executive Officer (CEO) from Stanley C. Myers Community Health
Center or hisjher designee administrator;
Two (2) member ;;hall be an administrator from an Adult Congregate Living Facility (ACLF). And/or an
Assisted Living Facility (ACLF);
One (1) member shall be a representative from the nursing profession;
One (1) member shall be a health benefits provider;
Two (2) members shall. be ph'ysicians.;
Two (2) members shall be consumers consisting of:
1) one (I) individual from the corporate level and ;
2) one (1) private individual.
There shall be one (1) non-voting ex-officio representative from each of the following: The Miami
Dade County Health Department and the Fire Rescue Department. The director of the Office of the
Children's Affairs shall be added as a non-voting ex-officio member of the board.
Citv Liaison: Cliff Leonard
12/31/2010 City Commission Dr. Andrew Nuliman Physician
r,i
To replace William CEO So. Shore (NTL) 12/31/2012 City Commission
Zu bk'off
To replace Joyce Adm. Adult Congr. Liv. 12/31/2012 City Commission
Gaibut
To.repiace Zaiman Dentist 12/31/2012 CIty Commission
Bacheikov
Baruch
Harold
Kathryn
Rachel
Shaheen
Steven
Tobi
Last Name
Jacobs M.D.
Foster
Abbate
Schuster
W~rk
Sonenreich
Ash
Position/Title - .- -
Health Provider
Private industry
CEO MB Community Health
ACLF
Private Industry
CE0IMt;SinailMH (NTL)
Nursing Profession
Maria Ruiz ex-officio, Director of Children's Affairs
Term Ends: Appointed by:
-- --
12/31/201 I City Commission
12/31/2011 City Commission
12/31 12012 City Commission
12/31/2012 City Commission
12/31/2011 City Commission
12/31/2012 City Commission
12/31/2011 City Commission
Term Linzit:
Marisel Losa rep. From the Health Council of South Fla
i
Al~plicsnts .- - -
Position/Title
- -- -2
Applicants PositionITitle
-- . . - - -. -- - -- - -- - - --
s, "* . - r ... . . 4 "- i_-...e-lr< .--r.y---n-rx*.--*vPPw-- --
~Vionrl(<j*, Jnnutrqp 31, 201 1 Page 21 of 48 (Conlinlred. ..
Board and Committees Current Members
Anthony Japbur
Eli Strohli
Michael Baum
~harlotfe ~omic
Jared Plitt
Paul Venette
<. , - - - - . -- --.,-*~---%."-.--
..lfok/,!v, Jtinuory 31, 201 l Page 22 of 48
Board and Committees Current Members
Composition:
Two (2) year term, Appointed by a minimum of 4 votes,
Seven (7) members. There shall be a member from each of the following categories:
1) A representative from the Miami Design Preservation League (MDPL);
Selected from three names nominated by the League.
2) A representative from Dade Heritage Trust (DHT);
Selected from three names nominated by the Trust.
3) One at-large member who owns or manages a property or properties located in one of the
city's historic districts;
4) One at-large member who resides in one of the city's historic districts;
5) An architect registered in the State of Florida with practical experience in the rehabilitation of
historic structures;
6) A registered architect, registered landscape architect, professional designer or professional urban
planner with practical experience in the rehabilitation of historic structures; or an attorney, or a
licensed engineer who has professional experience and demonstrated interest in historic preservation.;
7) A member of the faculty of a school of architecture in the State of Florida, with academic expertise
in the field of design and historic preservation or the history of architecture, with a preference for an
individual with practical experience in architecture and the preservation of historic structuries.
Citv Liaison: Thomas Moonev
Simon Nemni At-large 12/31/2010 City Commission 2$& b*$yi,
,'* ,
Name Last Name Position/Title - Term Ends: Appointed by:
. - . - - - - - -- -- - Term Linzif:
, --- -. - -
David Wieder Attorney 12/31/2011 City Commission 12/31/15
Henry Lares Faculty Member 12/31/2011 City Commission 12/31/13
Herb Sosa MDPL 12/31/2012 City Commission 12/31/15
Jane Gross Dade Heritage 12/31/2012 City Commission 12/31 /I 6
Josephine Manning At-large 12/31/2012 City Commission 12/31/14
Norberto Rosenstein Reg. Arch. TL 121201 1 12/31/2011 City Commission
Applicants PositioillTitle Applicants PositionfTitle
Adrian Raymond
Beth Dunlop
Charles Urstadt
Dominique Bailleul
Jessica Jacobs
Morris Sunshine
Andrew Fischer
Brian Ehrlich
Daniel Garcia
Jeffrey Cohen
Josh Gimelstein
. . , . , . - . . . . . "..",.."-.. . ,. -I
Page 2.5 of 48
Composition:
The committee shall consist of a minimum of five (5) and a maximum of eleven (11) members, with
one (1) out of every five (5) members, to be a direct appointment by the Mayor, and with the
remaining members to be at-large appointments of the City Commission.
The members of the committee shall reflect as nearly as possible, the diversity of individuals
protected under the City's Human Rights Ordinance. In keeping with this policy, not less than two (2)
months prior to making appointments or re-appointments to the committee, the City Manager shall
solicit nominations from as many public service groups and other sources, which helshe deems
appropriate, as possible,
At least one (1) of the committee members shall possess, in addition to the general qualifications set
forth herein for members, a license to practice law in the State of Florida; be an active member of
and in good standing with the Florida Bar, and have experience in civil rights law. The attorney
member shall also serve as chair of the committee.
City Liaison:
12/31/2012 City Commission
Name
- -
Alan
Carl~s J
Dr Barry
Elizabeth
Elsa
Rafael
Last Name -- -
Fishman
Ortuno
Ragone
Schwartz
Urquiza
Trevino
PositionITitle Term Ends: Appointed by: - - - Term Limit: -- - --
12/31/201 I City Commission 12/31/16
12/31/2012 City Commission 12/31 11 6
12/31/2012 City Commission 12/31 11 6
12/31/2011 City Commission 12M?/16
12/31/2011 Mayor Matti Herrera Bower 12/31/16
12/31/2012 City Commission 12/31 11 6
Law
Al~plicants PositionITitle Applicants Position/Title
Michael Andrew
--- - -. -
Monica Harvey
Cotn position;'
Ten (10) members appointed by a 5/7 vote.
Six (6) of which shall1 be citizens of Miami Beach not in the employment of the city, each having a
different vocation; ,
and three (3) regular employees of the City of Miami Beach, to be elected by the probationary and
regular employees of the dty and who shall be elected from the emplqyees of regular status in the
respective groups: I
Group I shall consist of the employees of the Police Department, Fire Department
and Beach Patrol Department,
Group I1 shall consist of employees who are in clerical and executive positions,
Group I11 shall consist of all other employees,
The Personnel Director is a non-voting member.
City Liaison: Ramiro Inguanzo
g&l"+) t.1
To replace Elsa
,I
12/31/2012 City Commission
urquiza
M& b.t!&;?i
Nanle Last Name Position/Title Term ~n'ds: Appointed - - by: - Term Limit: -- -. - ---- -- --
Barbara pajchen 12/31/2011 City Commission 12/31/12
David Alschuler 12/31/2012 City Commission 12/31/12
Gabriel Paez 12/31/2012 City Cornmission 12/31/15
Michael Perlmutter 12/31/2011 City Commission 12131112
Rosalle Pincus 12/31/2011 City Cqmmission 12/31/15
Evette Phillips elected 06/26/2009 exp. 7/31/2012 Group I11
George Casteil elected 07/23/10 exp. 7/31/13 Group I1
Ramlro Inguanzo Human Resources Director
Renato Sejas I elected 06/27/08 exp. 7/3+1/11- Group I
Applicants PositioaITitle Applicants PositionITitle _. .. -- -
Bryan Rosenfeld
Darius Asly
Gail Harris
Raquel Elejabarrieta
Richard Preira
Carlos Condarco
Elsa Orlandini
Mojdeh Khaghan
Ray Breslin
. " . _. _ _rl_l 1 -* --T*19P--*-----~--*---.*~
Page 36 of 48
I
Board and Committees Current Members
i' . - *...,:, .,"J *..... ; !.,, ;. ' cp.a:,r..t - .*> r:..-.-. @m$$~~B;&a&;;;:t;;:;;~@:.;!;~$~:fg*$j~>~z~ 8 :. , z:..: A+;&% &$?&'&t ,-"n;*@$pg#F&y$ *&+&
Composition:
Two (2) year term, Appointed by a minimum of 4 votes.
Seven (7) regular voting members, The voting members shall have considerable experience in
general business, land development, land development practices or land use issues.
The board shall at a minimum be comprised of:
one registered architect or a member of the faculty of a school of architecture in the state, with
practical or academic expertise in the field of design, planning, historic preservation or the history of
architecture, or a professional architectural designer or professional urban planner,
one developer,
one attorney who has considerable experience in land use and zoning issues,
and one person who has education and/or experience in historic preservation issues. For purposes of
this section, the term "education and/or experience in historic preservation issues" shall be a person
who meets one or more of the following criteria:
(I), Has earned a college degree in historic preservation
(2). Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or .
(3). Is recognized by the city commission for contributions to historic preservation, education or
planning. No person except a resident of the city, or an individual having their main business interest
in the city shall be eligible for appointment to the Planning Board.
City Liaison: Katia Hirsh.
vi6ini@{j
To replace Jorge Architect 12/31/2012 City Commission
Kuperman ~?m.l;;g~~;ff - L
Name Last Name Position/Title
. .
Term Ends: Appointed by: -- - -- -- - Term Limit:
Daniel Veitia Historic Preservation 12/31/2012 City Commission 12/31/14
Henry Stolar General Business 12/31/2011 City Commission 12/31 /I 3
Jonathan Beloff Attorney 12/31/2011 City Commission 12/31/15
Jonaihan Fryd Developer 12/31/2011 City Commission 12/31/13
Randy Weisburd General Business 12/31/2012 City Commission 12/31/13
Seth Frohlich General Bus TL 12/31/2011 12/31/2011 City Commission 12/31 /I I
Applicants PositionJTitie
Beth Dunlap
Bryan Rosenfeld
Daniel Garcia
Gabriel Paez
Gilbert Squires
Jeffrey Cohen
Leslie Tobin
Scott Needelman
Applicants Position/Title
Beth Gopman
Charles Urstadt
Frank Kruszewski
Gary Twist
Jane Gross
Leonard Wien, Jr.
Maria Gomez
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
Jorge M. Gonzalez, City Manager
Matti Herrera Bower, Mayor
January 24,201 1
MEMORANDUM
SUBJECT: Boards& Committees: appointment of a member to the Housing Authority
Please place on the Feb. 9,201 1 Commission meeting agenda my appointment of Raymond Adrian
for Commissioner to the Housing Authority.
I thank you in advance for your cooperation in this matter. If you have any questions, please do
not hesitate to contact Rebecca Wakefield at extension 6157.
Thank you.
We ore cornmrlfed lo provrdrng excellent pubhc service and soky lo all who live, work, and ploy In a
I Agenda Item R9 Ap
Date 2-7-//
Raymond Adrian - Biography
Raymond Adrian is the Director of Operations for UNIDAD of Miami Beach, Inc.
He joined UNIDAD in December 1999 as Program Director. This innovative
social service agency is a nationally recognized Senior Community Service
Employment Program in Miami-Dade County. Adrian also serves as UNIDAD1s
Senior Program Director for agencies in the Senior Community Service
Employment Service (SCSEP), and Miami-Dade Senior Training Employment
Program (STEP) and Visitor Convention Authority (VCA) Customer Services.
Prior to joining UNIDAD of Miami Beach, Adrian had an eight-year association
with the Christian Community Service Agency (CCSA) and its Senior Program,
and the Jewish Community Service (JCS) Senior Programs.
Raymond Adrian is the recipient of numerous awards, citations and honorable
mentions for his outstanding social service work on behalf of seniors and other
disadvantaged groups. These have included a Certificate of Appreciation for
Social Services, and a Certificate of Appreciation for Hispanic Leader from the
City of Miami Beach; a Certificate of Appreciation for Commitment and Support of
Our Community from the City of Miami; a Community Service Award from the
Miami-Dade County Health Department; and an Award for Outstanding
Leadership as a Member of the Board of Directors from the Alliance for Aging.
Under Raymond Adrian's leadership, UNIDAD of Miami Beach's Senior
Employment Program has achieved national recognition for its innovative
programming and tops-in-the-nation placement rate. Among numerous honors,
UNIDAD1s Senior Program has earned the prestigious "Best Practices" Award as
one of the nine best SCSEP Projects in the United States.
Raymond Adrian serves on the boards of the Miami-Dade Mayor's Initiative on
Aging (since 2007); the Miami Beach Community Development
Cooperation(since 201 0); and the North Beach Development Cooperation (2009
to 2006); and the Community Coalition for a Living Wage, and the Teen Job
Corps (since 2004). In the past, he has served on the boards of South Florida
Work Force (1999 to 2006); the Alliance for Aging, Inc., Program and Services
(2006 to 2008); the Consortium for a Healthier Miami-Dade, Oral Health (2004
to 2008); and the Miami Beach Community Health Center (1999 to 2007).
R9 - New Business and Commission Requests
Dr. Stanley Sutnick Citizen's Forum. (I 2:30 p.m.)
Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.)
AGENDA ITEM: R9BI -2
DATE: 2-9-11
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MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
Jorge Gonzalez, City Manager
Jose Smith, City Attorney
MEMORANDUM
Deede Weithorn, Commissioner?J$\
DATE: January 5,201 1
SUBJECT: Discussion ltem for January 19 Commission Agenda
I would like to request a discussion at the January 19th Commission meeting
regarding the timing of final adopted budget delivery and how we monitor spending
and the budget until the final adopted budget is delivered.
Thank you.
1 Agenda ltem RqC
We are comrnrtred to prov~d~ng excellent puhl~c sennce and safety to all u.i,o Ilve, work, and play rn 03 Date 2- 7-11
i
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO :
FROM:
DATE:
SUBJECT:
Jorge M. Gonzalez, City Manager
Jonah Wolfson, Commissioner
January 27th, 201 1
Agenda Item
Please place on the February gth, 201 1 Commission Meeting Agenda a discussion item on
the status of the Indian Creek Roadway Project.
If you have any questions, please contact Leonor Hernandez at extension 6437.
1 1 Agenda Itern k? 9 D
We ore comm~ffed to prov~dmg excellenf pubbc senzrce and soiety to 011 who hve, work, ond ploy m our 1 Date 2-q-l l
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
Jorge M. Gonzalez, City Manager
Matti Herrera Bower, Mayor &,, *&. 8
February 1,201 1
SUBJECT: A Discussion of the Funding Bill for the Conveiltion Center Recently Filed by
State Senators Mike Bennett and Rene Garcia.
Please place on the Feb. 9,201 1 Commission meeting agenda a discussion of the funding bill
for the convention center recently filed by State Senators Mike Bennett and Rene Garcia.
Discussion should include whether the City will add the bill to its state legislative agenda and
direct the city manager to take the necessary steps to support its passage.
I thank you in advance for your cooperation in this matter. If you have any questions, please
do not hesitate to contact Rebecca Wakefield at extension 6157.
Thank you.
We ore committed lo providing excellent public service and saleiy to 011 who live, work, and ploy in
1 Agenda Item I? q E
, Date 2-4-11
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OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Jorge M. Gonzalez, City Manager -
Jorge R. Exposito, Commissione
February 2,2011
Discussion Item: Winter Music Conference/Spring Break
Please place a discussion item on the February 9,2011 Commission meeting agenda regarding
the status of the major event plan for the Winter Music Conference and Spring Break.
We trust that you will find all in good order. Should you have any questions, please feel free to
contact my aide, Barbie Paredes at 6457.
Best regards,
cc: Robert Parcher, City Clerk
I Agenda Item 67 7 F
We are cornmrtted to prov~d~ng excellent publ~c servrce and safety to all who Irve, work, and play m 01 Date 2-?-/I
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MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge Gonzalez, City Manage
FROM: Michael Gongora, Vice Mayor
DATE: January 31, 201 1
SUBJECT: Referral ltem for February gth Commission Meeting
Please place on the February gth Commission meeting consent agenda a referral
to go concurrently to the Land Use Committee and Planning Board to discuss
the Gale Hotel Height Limits. If you have any questions please feel free to
contact my aide Diana Fontani at ext 6087.
Agenda Item ?G
Date P 9-11
From: Wolfson, Jonah
Sent: Wednesday, January 26, 2011 11:52 AM
To: Gonzalez, Jorge
Cc: Lorber, Richard; Gonzalez, Jorge; Gomez, Jorge; Held, Gary; 'jcardello@addinc.com'; 'Howard Galbut
(howardgalbut@msn.com)'; 'Jared Galbut'; 'Keith Menin'; 'Abraham A. Galbut Esq.
(agalbut@hudcap.com)'; 'Bessie Galbut'; 'Dr. David Galbut (david@dgalbutmd.com)'; 'Russell Galbut';
'Keith Menin'; 'Keith Menin'; 'Robert N. Galbut (rgalbut@aol.com)'
Subject: RE: Gale Hotel Height Limits :
~~~~://~~~~~~~.~~~~~~~~.~~~/HTML/~~~~~/~~V~I~/SPB~DERECH~~~ZODIRE~AR~~IDIRE~DIV~COHIINDI.
html
Jorge & Robert-
Please place this on the next commission agenda. Russell is right. Redeveloping this building should be
made as economically feasible as possible for the family without negatively impacting the overall scale
of the neighborhood. Two stories, in my opinion will work just fine and gives them what they want.
Let's do it so we can count this next meeting as a first reading. That way, they are looking at 60 days. It
would be great if we could cut through the red tape and move this one.
Sincerely,
Jonah M. Wsifson I COMMISSIONER
C~ty of M~arn~ Beach
T 305 673 7102 1 F 305 673 7096
1700 Conventron Center Dr , M~arn~ Beach, FL 33 139
& 1 << \ env~ronment o," ,r, pi~': r~ 1
We are committed to providtng excellent public service and safety to all who live, work and play in our vibrant, tropical, historic communlty
Reports and Informational ltems
Reports and Informational ltems (see LTC #030-2011)
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