Loading...
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" THIS PAGE INTENTIONALLY LEFT BLANK 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 THIS PAGE INTENTIONALLY LEFT BLANK 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 THIS PAGE INTENTIONALLY LEFT BLANK 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. THIS PAGE INTENTIONALLY LEFT BLANK 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 THIS PAGE INTENTIONALLY LEFT BLANK 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 THIS PAGE INTENTIONALLY LEFT BLANK $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. THIS PAGE INTENTIQNALLY LEFT BLANK 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[ THIS PAGE INTENTIONALLY LEFT BLANK 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/ THIS PAGE INTENTIONALLY LEFT BLANK 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 ..- .: . . :, ' .. , THIS PAGE INTENTlONALLY LEFT BLANK 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 2 -u m .- c .2 % ?; 2x 8 gE 2 fU + .= 5 2 i-o@ ".rm Ut Q1 ; g' am& 2 5 2 fUo3 g 2 2 r iu ffJ prm md Q) r :, &-- m li= "OOE -Elm CT .o -0, a, %@S a'€ $a0 ,&& 5 % WE3 cu E ,a E 3 U) a &?go i E fU2 $35" mE? c.- -cn ' 2 m m $2 c -Em$?, !~zi +-J -iij S a, 4d *- 3 2.5 Urna& 7Y -E E.!j m Q 20a* =*a$ Flo'tgr-, 932% m.om 2fj.E; L 3 m-- m- a, o, a't L U) ms IUCC@ 0 03 I- 0 u .ueid la$sew ayl uo papalfai s! pue ~s!pe ay* pue aag!urluo:, saseld qqnd u! j~y ay1 Aq papalas uaaq seq uo!gwol jeug ayl -passngs!p pue pasodo~d aJaM suo!~eso( IeJahaS *ueid Jalsew sly? u!yly~ quamala snoyeh 40 uo!$equawaldut! aql psJ!nbaJ pafu~d y~ed [feurs siyk 'elepueyy salleag jo uo!$e307 w 'A~i!q@l!e~e 6u!punj uo 6u!puadap jaAal yep $e pat!teuy aq II!M pue 6u!o§uo ~lgs s! wag s!y? jo $uawdala~ap ayl 'uo!l~r\oua.i y~ed ay$ oiu! papnjau! aq il!m u6!s s!uoJpala ue aJnsua 04 sa!Bolouy~al luaJa&!p fiu!holdwa padolahap uaaq aAey su@sap aanb~ew ledahas w ysalfnj si! je yled aqj asn pue a&eBa~Guo:, 0% sdnoifj JO slenp!/upu! Nolie lly~ ~ey3 she~qle~ PUP seaJe uaa~ft ayl Guop steas snoJautnu se ljaM se s!xe )sea-~sailh uJayjnos ayz 6uole 6u!leas ie~aua6 pue safqej 6u!we6 aney a$ fiu!p!=lap a~04aq padoja~ap aJaM saway3s IeJaAag y~ed aql do sa!&ype alq!ssod pue u~a~ed uo!leln3~!3 paJ!sap aql u!elsns 03 pa!pnzs aJaM sa!baya.its ?uaua6u~.1~e paielaJ pue ~3np0Jd 6u\$eas -pat\owaJ s! laqays snq ay$ a3uo 1uaua8ue~~e u6!sap paJage3s aJow e fiu!~ii?a~:, pure suited jo $u~u~~~u@JJP deln3q=, ~e~~nrt ayl Bu!ysew al!ym aaueua$u!ew paz!pAepuep JOJ &toile 03 padolahap aJaM sBu!dnodB uled anuoaof, do# saA!aeulaqe @sap [e~anas 8 ssselB aujlsnBntj '1.3 Gu!u!e~u!@ur JOJ a~ua~aja~d J!ayq passa~dxa luawuedap y~ed ayl -~se~6 a3ueualu!eur ~ol pue luailp3a.i e s! yqq~ (J,lnjoaa) sse~fi jnusad ~UM ynl au~snfjnv 13 6ulis!xa ayl6ct!aeydatf e 'lsaq aq plnohn SeaE uaa~6 6u!jue16 p?yl paa~6e sje!s&u Ay3 $nq panlasad tlam sepn y3eo~dde ayl yled aq$ ~noqBno~ql ynl auilsnfint/ -1s aselda~ plnoM saunp qeaq ayi 3!w!tu 07 pues - yled ay? jnoq6no~yl yni au!$snBny 3s aselda.~oi sassed8 yowq pea~ds yl!~ sljays paysrug - :~u!~~PoJ$u! Aq paha!y.se uaaq aney plno~ s!yj_ 'laaJ+s pue anuaq su!t1og ID a6pa uewn ayi 01 ystsaq ay%Gut6u!~g a :sa!Ea$a~is luaJa&p fiu!ldope Aq uo!palas le!lateur lano:, puno~6 aylo~ suotjnlos aAijetuaae 404 yo01 04 s.iau6!sap ayl paysnd atlueualu!elu paqp.iepue$s J~J sau!lap!n6 s,~uaurpedep yed a41 pu~ arnsodxa uns paJ!p ura~i yjauaq Y~!LJM seam paqlu!l ayJ '~AOJ~ wjed inuo3ort 6upsy;!xa ayl p &!suap ayl se ysns sanss! jeJanaS :je!Jaieur JaAo:, punadti 40 aa310y3 i 'a2eua.j. ueaag a$ Alleuij pue sacieJJa3 s,Jalua=) tuoJjuea30 ay? yfino~qt jlasl! ~peuaut~~d ayl Guoie pu~ yseaq ayi spdemol papaJ!p aq o~ &juo tsaMylnos ay~ 1e u! aldaad ayhu! II~M ley$ apeua~~~d e jo uo!tea~.s aql ~oj sAnolle stlremyle~ aq$ 40 uo!le~nEguo3ai ayl .eaJe s!yl u! sa!t!A!ps u! a6e6ua pue a6pa yoeaq aYl6~0le yleM pue wed eyl aje~lauad 01 atdoad a6e~nosua pu saop lnoflelhe~yle~ yalJn3 ay$ jeqj paa~6e seM $1 .y.tdap ul passn3s!p ss~ sou0 6u!is{xa ayl p .i!eda.i aq$ snsJah sAennyleM yJed ayj jo uo!~a~nkiijuo3a~ ayk :uo!$ajna!.s jo SuJaalad r :aJa sah!be$uasa~da.i Ayuntuwo~ pue s]s!3!go &!g yl!~ passnos!p pue paipnjs mafa ley4 sanss! ayi 'ssa~o~d aqj ~noytino~yl pale~othosu! uaaq lie ahey y3!y~ su~a~uo3 pue sluawaJ!nba~ hressacrau llo ~ah03 03 poaa ue u! ia6pnq pue suo!jnjos pasodo~d 'spaau ssnsstp oi sJaquauc h~!unwutos pue slepgjo Y~!M suo!se330 IeJaAas uo Jaw s~auf3pap ayl 'saA!leuda)le ledahas paz!lentda3i;a:, s~auB!sap ay$ 'pahtasa~d aq oi suo!.l!puar, fiu!ls!xa ayl pue yled ayl Gu!Apni~ lN3VUdB13A3Q C1NV SS330Eld QNINN'FFld c m o " f 2 m 3 ms c i- 7C 2 3 lff .E -g ur l g g Y € 01 225 ."= 3 mc ES a, JZ I- .z i 3 ii E E E 00 2% .- $I -"% 3 g pol 5 ti; em g !b= z a2 rt 0 m r a,& 9 %i E %"E $!% $j r-3 r0.b > $32 s Tj .g g'&S .- 4". .s .E 3 xs "0, & a r L= - m 8 ol~ , .E m %g " Q) .E -Ti 3 lff +, a .rr 0% c .!!i .2 3 2% ar r mZa, tt-" 82 uj a .G -2 at E 5 La, 8 O > ma ;d 22 catmm a! 8 2" g"*zz m a, z 0 a, 0 .=-@a! E9mS m3cm rdma, gg $5 no 32 am = m .E .E t a,J= * (0x2-t: = at5 :: a,>ou) r mo +$.=a 25 rii 2& ms cir 03--'~0 *i!?ESY= g 3s LEE& dUrr c @at-- s & :.$ 0-3 5 ; .- SO$~ E SE O g8g'!2 *@@5 255 0 C * U- -00.2 - ggE5 rnga,E a a,£ SF 8 g VfP!tu, mgbs 5% m )\ 7335% lff c2-E -5s "" E E 3.Bg g, a.O_at t a,r m rmot t-- eu. m 2 C m 0 C tl =I m C % a -0 C m Vf 8 E .Ir a, 5 9 $ 2 0 :: at at 2 * 3 88 @8 - 3 cn 2 .& -a :: k 2 m 0 a, 0 5g Off El - m 6 Y C & aE cu m 5'3" 8 5 Zt.= u # S p Zsrg Q3 0, @ t 5 & Z'E 'j-3 0 v U EY 8 "1)s P c m o E; Q f a, I= e b- a PARK SSrr PLAN _""yt -=--&==y-"--& *FITs~~ nwm DWW iI3P3B 1@@@ ~V~lX)11PZ1 S1EO2Y43nOtldWII WW 113HSQNVEi XWd BMOHS WL24ON H3V3B IWl& StiO kt13 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. nawqq :awe uarn~d -- Q%(K: "be now m. qm-5 aa 'wag t=f~ %t(red ~teq~"&ltt @JTMB M+ir]'P)"'i f lht: xEj ('dl7 lltTRL Ud 171PF 'If 'IUICIYY 3WO JWLl WIG5 m UOE aut "6MRI)JC v3a d--.. ... r i.lw*i- MlM M-p wsnw~~r.*.m- $,uc --=---a- *-w em *- mum- s';$ww wc+*as*Rn(DMP t 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: n 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 13 282 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 13 285 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.] Page 7 of 13 287 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. Page 8 of 13 288 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 13 289 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) THIS PAGE INTENTIONALLY LEFT BLANK 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 THIS PAGE INTENTIONALLY LEFT BLANK 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 THIS PAGE INTENTIONALLY LEFT BLANK 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 THIS PAGE INTENTlQNALLY LEFT BLANK 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 THIS PAGE INTENTIQNALLY LEFT BLANK 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 THIS PAGE INTENTIONALLY LEFT BLANK 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 THIS PAGE INTENTIONALLY LEFT BLANK 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 THIS PAGE INTENTIONALLY LEFT BLANK 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) THIS PAGE INTENTIONALLY LEFT BLANK