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20110511Bookmarked_ocr optimizedMIAMIBEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive May 11,2011 Mayor Matti Herrera Bower Vice-Mayor Jonah Wolfson Commissioner Jorge Exposito Commissioner Michael G6ngora Commissioner Jerry Libbin Commissioner Edward L. Tobin Commissioner Deede Weithorn 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 heM if needed. In addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. Call to Order - 9:00 a.m. Inspirational Message, Pledge of Allegiance Requests for Additions, Withdrawals, and Deferrals The City Commission will recess for lunch at approximately 1:00 p.m. Presentations and Awards PA Presentations and Awards Regular Anenda R2 Competitive Bid Reports R5 Ordinances Consent Agenda R7 Resolutions C2 Competitive Bid Reports R9 New Business and Commission C4 Commission Committee Assignments R10 City Attorney Reports C6 Commission Committee Reports C7 Resolutions Reports and Informational Items We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. Consent Agenda, May 11,201 1 Presentations and Awards PA1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For March 201 1. (Page 3) (Requested by Commissioner Jorge Exposito) PA2 Presentation On The State Of The Tourism And Travel Industry By William Talbert, President & CEO Of The Greater Miami Convention & Visitors Bureau And Recognition Of National Travel And Tourism Week. (Requested by Mayor Matti Herrera Bower) PA3 Certificates Of Recognition To Be Presented For Beyond The Call Of Duty Service Related To Haiti Relief. (Requested By Mayor Matti Herrera Bower) PA4 Certificates Of Recognition To Be Presented To Select Students And Teachers Of The Miami-Dade County Public Schools For The 201 0-1 1 School Year. (Requested By Mayor Matti Herrera Bower) PA5 Certificates Of Appreciation To Be Presented To The Normandy Shores Golf Club, The Alexander, Temple Emanu-El, And Special Recognition To The Holocaust Memorial Of Miami Beach By The City Of Miami Beach Beautification Committee, For Their Efforts In Contributing Significantly To The Beautification Of The City. (Parks & Recreation) PA6 Certificate Of Recognition To Be Presented To Stephanie Rosen For Organizing The "Wendy Walkn To Raise Funds For Cancer Research. (Requested by Commissioner Deede Weithorn) PA7 Key To The City To Be Presented To Officer Grant Reid For His Military Service. (Requested by Commissioner Jerry Libbin) PA8 Proclamation To Be Presented To Coach Al Golden, University Of Miami Football Head Coach. (Requested by Vice-Mayor Jonah Wolfson) PA9 Certificate Of Recognition To Be Presented To Victor Fernandez, Participant In UNIDAD1s Senior Placement Program. (Requested by Vice-Mayor Jonah Wolfson) PA10 Certificate Of Recognition To Be Presented To Miami Beach Community Health Center, EmployerIParticipants In UNIDAD1s Senior Placement Program. (Requested by Vice-Mayor Jonah Wolfson) Consent Agenda, May 11,201 1 Presentations and Awards (Continued) PA1 1 Proclamation To Be Presented In Honor Of National Bike Month On May 201 1 (City Manager's Office) CONSENT AGENDA Action: Moved: Seconded: Vote: C2 - Competitive Bid Reports Request For Approval To lssue A Request For Qualifications (RFQ) For Constructability, Cost, And Value Engineering Review Services. (Page 7) (Capital lmprovement ProjectsIProcurement) Request For Approval To lssue A Request For Qualifications (RFQ) For Architectural, Engineering, Design, Bid And Award, And Construction Administration Services For The Collins Park Garage Project. (Page 13) (Capital lmprovement ProjectsIProcurement) Request For Approval To lssue A Request For Proposals (RFP) For Certain Advertising Programs, And Advertising Sales Support, As Part Of The City's Revenue Enhancement Initiatives. (Page21) (City Manager's Office) Request For Approval To lssue A Request For Proposals (RFP) To Provide Testing Services Programs To Determine Qualified Applicants For Police And Fire Entry Level Positions And Classified Promotional Classifications; AndlOr To Provide Consultation Services For Sworn And Non-Sworn Positions In Order To Develop Job Analysis, Entry Level And Promotional Tests, Scoring, Minimum Requirements For Jobs And Background Test Requirements. (Page 25) (Human Resources/Procurement) Request For Approval To lssue A Request For Proposals (RFP) For Mobile Applications Developers For Municipal Parking, Transportation, Parks And Recreation, Special Events And Other City Services. (Page 37) (ParkingIProcurement) Request For Approval To Award Contracts To The Following Vendors: A&B Bulk Mailers, Inc., Prison Rehabilitative Industries And Diversified Enterprise, Inc (Pride Enterprises, Inc.), Arrowmail Presort Co. Inc., Jaguar Data Systems, Inc. And Globalpex, Inc. As Primary And/or Secondary As Per Group Award Pursuant To Invitation To Bid No. 09-1011 1, For Bulk Mailing Services In The Estimated Annual Amount Of $191,751. (Page 43) (Procurement) iii Consent Agenda, May 1 1,201 1 C2 - Competitive Bid Reports (Continued) C2G Request For Approval To Reject All Qualifications Received Pursuant To Request For Qualifications (RFQ) No. 54-0911 0, For The Provision Of Governmental Consulting Services At Miami-Dade County, Florida. (Page 55) (Economic Development/Procurement) C4 - Commission Committee Assignments C4A Referral To Finance And Citywide Projects Committee To Discuss A Proposed Modification Of The Promissory Note Dated February 5, 2007, From MBCDC Meridian Place LLC, A Florida Limited Liability Corporation, To The Miami Beach Redevelopment Agency, And To Discuss A Subordination Of The City's Mortgages In Favor Of A Mortgage Being Made To MBCDC By Bank United. (Page 63) (Real Estate, Housing & Community Development) C4B Referral To Land Use And Development Committee - Discussion Regarding Ocean Beach Historic District R-PS4 Zoning Amendment. (Page 65) (Requested by Vice-Mayor Jonah Wolfson) C4C Referral To NeighborhoodICommunity Affairs Committee - Discussion Regarding The Interim Traffic Calming Plan For La Gorce And Pinetree Drives. (Page 71) (Requested by Commissioner Jorge R. Exposito) C6 - Commission Committee Reports C6A Report Of The Land Use And Development Committee On April 21,201 1 : 1) Proposed Alton Road Historic District Buffer Overlay. 2) Proposed Parking District #5 For The Alton Road Corridor. 3) Temporary Removal Of Parking Spaces. 4) a) Discussion Regarding The Notice Requirements For All Land Use Boards; b) Discussion On Amending The Public Notice Requirements For Board Of Adjustment, Planning Board, Historic Preservation Board, And Design Review Board Items From Thirty Days To Fifteen Days. 5) Discussion On Proposed Amendments To Land Development Regulations Amending Minimum Unit Size And Parking Requirements For Affordable Housing Projects. 6) Discussion Regarding Temporary Storefront Signs. 7) Discussion On The Development Of A Citywide Transportation Plan. 8) Discussion Regarding An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, "Administration," Article II, "City Commission", By Enacting A New Section 2-1 2, "Meeting Agendas," Requiring Proposed Legislation Or Ordinances That Appear On A City Commission Or Commission Committee Agenda To Have A Commissioner Sponsor Identified; Providing For Repealer; Codification; Severability; And An Effective Date. 9) Discussion Regarding The Present Plans To Build A Convention Center And Casino In Miami-Dade County And The Potential Impact On Miami Beach. 10) Discussion Regarding Hop-On-Hop-Off City Bus Tour Service From Various Locations In The City. (Page 75) Consent Agenda, May 1 1,201 1 C6 - Commission Committee Reports (Continued) C6B Report Of The Capital lmprovement Projects Oversight Committee Meeting On March 7, 201 1: 1) Attendance. 2) Old Business: 2A) Status Report: Venetian Island Neighborhood lmprovement Project; 2B) Status Report: Status Report: Palm & Hibiscus Island Undergrounding; 2C) Status Report: Sunset Islands I & II; 2d) Status Report: Sunset Islands Ill & IV. 3) Requested Reports: Assessment Of Structural Conditions And Hydraulic Conditions Of Outfalls For Sunset Ill & IV. 4) Commission Items: A Resolution Approving A Contract Award, Pursuant To Invitation To Bid No. 07- 1011 1, For The Right-of-way Infrastructure lmprovement Program - Neighborhood No. 1 - Biscayne Point; Authorizing The Mayor And City Clerk To Execute An Agreement With David Mancini & Sons, Inc., In The Not-To-Exceed Amount Of $1 0,907,759, For The Construction Of The Project, Plus A 10% Project Contingency In The Amount Of $1,090,776, For A Grand Total Of $1 1,998,535; Appropriating $6,675,401 From Funds Previously Appropriated In The Capital Budget; And Further Appropriating $5,323,134 From Fund 429 Stormwater Projects Line Of Credit, With Such Funds To Be Repaid From Proposed Future Storm Water Bonds; Further Authorizing The Administration To Engage In Value Engineering To Further Reduce The Cost And Time For Completion Of Said Project. 5) Review And Acceptance Of Minutes. 6) Public Comments. 7) Adjournment. (Page 79) C7 - Resolutions A Resolution Approving And Authorizing The City Manager Or His Designee To Submit Grant Applications To: 1) Office Of The Attorney General For Funding From The Victims Of Crime Act Program In The Approximate Amount Of $60,000; 2) U.S. Department Of Justice, Office Of Juvenile Justice And Delinquency Program For Funding In The Approximate Amount Of $300,000 Over Three Years, For The Mentoring Youth With Disabilities Program; And, 3) US Department Of Justice, Office Of Community Oriented Policing Services (COPS), COPS Hiring Program For Funding In The Approximate Amount Of $1,500,000 Over Three Years For The Hiring Of Additional Career Law Enforcement Officers; Appropriating The Above Grants, And Matching Funds, As Necessary, If Approved And Accepted By The City, And Authorizing The Execution Of All Documents Related To These Applications. (Page 87) (Budget & Performance Improvement) C7B A Resolution Accepting A Donation In The Amount Of $8,000 From The Miami Beach Chamber Of Commerce From Proceeds Of Its Annual Golf Classic Tournament To Be Utilized By The City's International Baccalaureate (IB) Educational Program. (Page 95) (Requested by Commissioner Jerry Libbin) (Legislative Tracking: City Attorney's Office) A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Architectural And Engineering Proposers, Pursuant To Request For Qualifications (RFQ) No. 22- 10/11, For Resident Project Representative Services For Right-of-way Improvements To Neighborhood No. 8 Central Bayshore (Package A), Lower North Bay Road (Package B), And Lake Pancoast (Package C); Authorizing The Administration To Enter Into Negotiations With The Two (2) Top-Ranked Proposers; Atkins (PBS&J) And Chen &Associates D/B/A Chen Moore And Associates; And Should The Administration Not Be Successful In Negotiating An Agreement With The Top- Ranked Proposers, Authorizing Negotiations With The Second-Ranked Or Third-Ranked Proposers Per Package. (Page 97) (Capital lmprovement Projects/Procurement) Consent Agenda, May 1 1,201 1 C7 - Resolutions (Continued) C7D A Resolution Waiving By 5nths Vote, The Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The City's Best Interest; And Approving The Purchase Of Only Diesel Fuel At The HESS AndlOr Shell Station In The North End Of Miami Beach. (Page 1 15) (Fleet Management) C7E A Resolution Authorizing The Sole Source Purchase, Pursuant To Section 2-367 (D) Of The City Code For Annual Maintenance Of Cityworks Software From Axteca Systems, Inc., In The Estimated Annual Amount Of $43,295, Which Designs, Creates, And Owns Cityworks Software, Including Copyright And Trademark Ownership. (Page 121) (Public Works) C7F A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The 44th Street Drainage Improvements Agreement With Central Florida Equipment Rentals, Inc., Dated February 5,201 0; Said Amendment In The Amount Of $484,000, For The Construction Of The Muss Park Greenspace Expansion I Chase Avenue Realignment Project; With Previously Appropriated Funding From Fund 161 Quality Of Life. (Page 127) (Public Works) C7G A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Request For Qualifications (RFQ) No. 20-1 011 1, For Design, Bid, Award, And Construction Administration Services For The Middle Beach Recreational Corridor Phase II Project; And Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Firm, Coastal Systems International, Inc.; And Should The Administration Not Be Able To Successfully Negotiate An Agreement With The Top-Ranked Firm, Authorizing The Administration To Negotiate With The Second-Ranked Firm, Calvin, Giordano & Associates, Inc.; And Should The Administration Not Be Able To Negotiate An Agreement With The Second-Ranked Firm, Authorizing The Administration To Negotiate An Agreement With The Third- Ranked Firm, Kimley-Horn & Associates, Inc. (Page 135) (Public WorksIProcurement) C7H A Resolution Approving An Amendment To The Agreement Between The State Of Florida Department Of Community Affairs (DCA) And The City, Dated November 24,2009, For The Allocation Of NSPI Funds; And An Amendment To The Related Agreement Between The City And Miami Beach Community Development Corporation (MBCDC), Dated January 21,201 0, For The Allocation Of NSPI Funds; Said Amendments Extending The Respective Expiration Terms Of Each Agreement To March 1,201 3, And Amending Both Agreements To Facilitate The Draw Down Of Funds; Further Authorizing The Mayor And City Clerk To Execute Any Necessary Amendments. (Page 143) (Real Estate, Housing & Community Development) End of Consent Agenda Presentations and Awards PA1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For March 201 1. (Requested by Commissioner Jorge Exposito) PA2 Presentation On The State Of The Tourism And Travel Industry By William Talbert, President & CEO Of The Greater Miami Convention & Visitors Bureau And Recognition Of National Travel And Tourism Week. (Requested by Mayor Matti Herrera Bower) PA3 Certificates Of Recognition To Be Presented For Beyond The Call Of Duty Service Related To Haiti Relief. (Requested By Mayor Matti Herrera Bower) PA4 Certificates Of Recognition To Be Presented To Select Students And Teachers Of The Miami-Dade County Public Schools For The 2010-1 1 School Year. (Requested By Mayor Matti Herrera Bower) PA5 Certificates Of Appreciation To Be Presented To The Normandy Shores Golf Club, The Alexander, Temple Emanu-El, And Special Recognition To The Holocaust Memorial Of Miami Beach By The City Of Miami Beach Beautification Committee, For Their Efforts In Contributing Significantly To The Beautification Of The City. (Parks & Recreation) PA6 Certificate Of Recognition To Be Presented To Stephanie Rosen For Organizing The "Wendy Walk To Raise Funds For Cancer Research. (Requested by Commissioner Deede Weithorn) PA7 Key To The City To Be Presented To Officer Grant Reid For His Military Service. (Requested by Commissioner Jerry Libbin) PA8 Proclamation To Be Presented To Coach Al Golden, University Of Miami Football Head Coach. (Requested by Vice-Mayor Jonah Wolfson) PA9 Certificate Of Recognition To Be Presented To Victor Fernandez, Participant In UNIDAD's Senior Placement Program. (Requested by Vice-Mayor Jonah Wolfson) PA10 Certificate Of Recognition To Be Presented To Miami Beach Community Health Center, EmployerIParticipants In UNIDAD's Senior Placement Program. (Requested by Vice-Mayor Jonah Wolfson) I Agenda Item 3 Date G-Il-ld Presentations and Awards (Continued) PA1 1 Proclamation To Be Presented In Honor Of National Bike Month On May 201 1. (City Manager's Office) COMMISSION ITEM SUMMARY Condensed Title: ) Request For Approval To Issue A Request For Qualifications (RFQ) For Constructability, Cost, And Value Engineering Review I I Services I Key Intended Outcome Supported: Ensure well-maintained infrastructure Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that 79% of I businesses rated recently completed capital improvement projects as "excellent" or "good." I Issue: I Shall the Mayor and City Commission approve the issuance of the RFQ? I Item Summary/Recommendation: The City is in the process of implementing a capital improvement program with active projects representing approximately $700 million in total value. Quality improvement opportunities can be found by having the ability to identify constkctability issues and minimize unforeseen conditions which will mitigate the attendant impact on project costs and schedules. Staff recognizes the value of pursuing a two-pronged approach to implement more rigorous quality control initiatives utilizing dedicated in-house resources, as well as outside expertise from construction industry professionals that would be pre-selected as a result of the Request for Qualifications (RFQ) selection process. The ROW portion of the program has been subdivided into several neighborhood projects located throughout the City that are in various stages of the design, bid, and award process. The probable cost estimates and construction drawings are developed by the design consultants during the design phase of the work and reviewed by the stakeholder City Departments prior to the issuance of the Invitation to Bid, (ITB). In the past the Special Assistant to the City Manager has successfully focused on construction and change order price negotiations. This proposed new initiative will bring forth a more expansive approach to determining cost adjustments during the design process, as well as through the bidding and value engineering stages of a project. Currently, the review of the design documents for constructability, equipment addlalternates, construction means and methods, level of service or value engineering are done post award of the contract. This after-the-fact review has led to delays in the issuance of the first notices to proceed to the selected contractors. The value engineering proposals are left in the hands of the contractor and are provided after award of contract. Contractually, the City then has to share these identified savings with the contractor. If this review is done prior to issuance of the ITB the City would therefore be able to capture potential value engineering opportunities pre-award and therefore maximize the value of the savings beforehand. Moreover, concerns over the level of service, constructability, and construction costs of these neighborhood projects have been expressed by the residents, members of the Capital Improvement Projects Oversight Committee (CIPOC) and at the Commission Meetings at the time of the award of these projects. These concerns have resulted in requests for extensive value engineering and level of service design reviews post award of the contracts. These reviews have resulted in additional time for the re-permitting of several identified design changes which has negatively impacted the projected construction start dates for several of the projects. The current system can be vastly improved by performing these comprehensive constructability and value engineering reviews prior to the issuance of the ITB. The proposed quality control enhancements would utilize construction industry professionals, as needed, during various phases of a project to provide construction cost estimates; constructability reviews; identify value engineering alternatives; review pricing on bid submittals and provide overall input on construction quality control issues. This involvement of independent industry professionals during the design process to properly address the residents' needs, review altemate construction means and methods, establish quality assurancelquality control procedures, provide comprehensive peer review of construction documents to identify design deficiencies, identify potential value engineering alternatives and establish accurate project timelines, will allow the City to more precisely identify capital budget requirements. Accurately identifying the monetary requirements for construction allows the City to forecast the monies required prior to issuance of any necessary construction bonds andlor capital budget requirements. To accomplish this comprehensive peer review, this RFQ will need to be issued for the purpose of soliciting qualified firms to assist the City by providing constructability reviews, value engineering analysis to identify potential cost savings, technical specification reviews, identifying altemate construction means and methods, establishing accurate project scheduling, and establishing quality assurancelquality control guidelines. This goal will be met by the selected firm(s) meeting with the design team and City during the development of the project prior to the issuance of the ITB and participating in the review of bids after award of the contract. These review services will be for the various current and up-coming underground utility and facilities projects under development by the City's Capital Improvements Projects Office. Advisory Board Recommendation: I NIA I I I Financial Impact Summary: NIA 1 City Clerk's Office Legislative Tracking: . .,* . Financial Information: Source of Funds: OBPl Amount NIA 1 Total Account 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: May 11,2011 SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) FOR CONSTRUCTIBILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES ADMINISTRATION RECOMMENDATION Approve issuance of the RFQ. ANALYSIS The City is in the process of implementing a capital improvement program with active projects representing approximately $700 million in total value. Quality improvement opportunities can be found by having the ability to identify constructability issues and minimize unforeseen conditions which will mitigate the attendant impact on project costs and schedules. Staff recognizes the value of pursuing a two-pronged approach to implement more rigorous quality control initiatives utilizing dedicated in-house resources, as well as outside expertise from construction industry professionals that would be pre-selected as a result of the Request for Qualifications (RFQ) selection process. The ROW portion of the program has been subdivided into several neighborhood projects located throughout the City that are in various stages of the design, bid, and award process. The probable cost estimates and construction drawings are developed by the design consultants during the design phase of the work and reviewed by the stakeholder City Departments prior to the issuance of the Invitation to Bid, (ITB). In the past the Special Assistant to the City Manager has successfully focused on construction and change order price negotiations. This proposed new initiative will bring forth a more expansive approach to determining cost adjustments during the design process, as well as through the bidding and value engineering stages of a project. Currently, the review of the design documents for constructability, equipment addlalternates, construction means and methods, level of service or value engineering are done post award of the contract. This after-the-fact review has led to delays in the issuance of the first notices to proceed to the selected contractors. The value engineering proposals are left in the hands of the contractor and are provided after award of contract. Contractually, the City then has to share these identified savings with the contractor. If this review is done prior to issuance of the ITB the City would therefore be able to capture potential value engineering opportunities pre-award and therefore maximize the value of the savings beforehand. Moreover, concerns over the level of service, constructability, and construction costs of these neighborhood projects have been expressed by the residents, members of the Capital Improvement Projects Oversight Committee (CIPOC) and at the Commission Meetings at the time of the award of these projects. These Commission Memorandum - Issuance of a Request for Qualifications (RFQ) for Constructability, Cost, and Value Engineering Review Services. May 1 I, 201 1 Page 2 of 5 concerns have resulted in requests for extensive value engineering discussions and level of service design reviews post award of the contracts. These reviews have resulted in additional time for the re-permitting of several identified design changes which has negatively impacted the projected construction start dates for several of the projects. The current system can be vastly improved by performing these comprehensive constructability and value engineering reviews prior to the issuance of the ITB. The proposed quality control enhancements would utilize construction industry professionals, as needed, during various phases of a project to provide construction cost estimates; constructability reviews; identify value engineering alternatives; review pricing on bid submittals and provide overall input on construction quality control issues, This involvement of independent industry professionals during the design process to properly address the residents' needs, review alternate construction means and methods, establish quality assurancelquality control procedures, provide comprehensive peer review of construction documents to identify design deficiencies, identify potential value engineering alternatives and establish accurate project timelines, will allow the City to more precisely identify capital budget requirements. Accurately identifying the monetary requirements for construction allows the City to forecast the monies required prior to issuance of any necessary construction bonds andlor capital budget requirements, To accomplish this comprehensive peer review, this RFQ will need to be issued for the purpose of soliciting qualified firms to assist the City by providing constructability reviews, value engineering analysis to identify potential cost savings, technical specification reviews, identifying alternate construction means and methods, establishing accurate project scheduling, and establishing quality assurance/quality control guidelines. This goal will be met by the selected firm(s) meeting with the design team and City during the development of the project prior to the issuance of the ITB and participating in the review of bids after award of the contract. These review services will be for the various current and up-coming underground utility and facilities projects under development by the City's Capital Improvements Projects Ofice. SCOPE OF SERVICES The scope of services consists of the following, but not limited to: Provide detailed quantity take off of materials required to complete various projects in accordance with Technical Specifications and design documents. Provide detailed estimate of labor and material costs in an Excel spreadsheet format showing unit prices, based on past comparable unit costs specifically associated with the South Florida Market Provide detailed constructability review with recommendations for alternate means and methods of construction activities, value engineering, scheduling and construction sequencing that will potentially reduce costs of the project. Provide a cost comparison to a recognized construction cost estimating service adjusted for South Florida construction. (RS Means or equivalent) The estimates will be contained in a single spreadsheet showing cost comparisons individually tabulated. Identify any comparable projects, including completion dates that were used to develop the construction cost estimate. Support City Staff and participate in the value engineering reviews with contractor. Support City Staff in the bidding and award phase of projects. Commission Memorandum - Issuance of a Request for Qualifications (RFQ) for Constructability, Cost, and Value Engineering Review Senlices. May 11, 2011 Page 3 of 5 For purposes of compliance with this minimum experience requirement, the term "Proposer" is hereby defined to mean the firm andlor business entity which is submitting a proposal pursuant to this RFQ. Accordingly, the firm andlor business entity must meet the minimum requirements listed below in order to be deemed responsive. Non-responsive bids will be disqualified from consideration. Qualifications will be considered only from State of Florida Certified General Contractors, State of Florida Certified Under Ground Utility Contractors or consultants that are regularly engaged in the business of providing the professional specialization services as described in this RFQ. Interested Firms shall address the following items in the RFQ response: ltem I. Team Experience: Indicate the team's number of years of experience in providing the requested professional services; List all similar projects undertaken in the past five (5) years, describe the scope of each project in physical terms and by cost, describe the respondent's responsibilities, and provide the name and contact telephone number of an individual in a position of responsibility who can attest to respondent's activities in relation to the project; Provide the name(s) of the person, or persons within your organization who was most actively concerned with managing each project. List and describe all legal claims against any member of the team alleging errors andlor omissions, or any breach of professional ethics, including those settled out of court, during the past five (5) years. ltem 2. Project Manager's Experience: Provide a comprehensive summary of the experience and qualifications of the individual who will be selected to serve as the Project Manager. This individual must have a minimum of eight (8) years experience in the planning, design, and construction administration of public or private projects with similar scope of work. ltem 3. Previous Similar Projects: Please provide a list of a minimum of five (5) projects which demonstrates the Team's experience in providing the services as required under this RFQ and in the scope of services for this project. Please provide the following information for each sample project: Client name, address, phone number, e-mail address Consultant (Architect or Engineer) name, address, phone number, fax and email Description of the scope of the work Month and Year the project was started and completed Total cost andlor fees paid to your firm Total cost of the construction, estimated and actual Role of the firm and the responsibilities ltem 4. Qualification of Project Team: Provide a list of the personnel I subconsultants to be used on this project and their qualifications. A resume of each individual, including education, experience, and any other pertinent information shall be included for each team member including any subcontractors, to be assigned to this project. Commission Memorandum - Issuance of a Request for Qualifications (RFQ) for Constructability, Cost, and Value Engineering Review Senlices. May 11,2011 Page 4 of 5 Item 5. Project Approach: Provide a detailed description on the Project Team approach to the required services. Information should include: Organizational structure of project team. Project specific approach to this neighborhood. RFQ PROCESS The procedure for response evaluation and selection is as follows: 1. Request for Qualifications issued. 2. Receipt of responses. 3. Opening of responses and determination if they meet the minimum standards of responsiveness. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each response in accordance with the requirements of this RFQ. If further information is desired, consultants may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee will recommend to the City Manager the response or responses acceptance of which the Evaluation Committee deems to be in the best interest of the City. The following criteria shall be utilized by the Evaluation Committee for the selection of the Consultant: (20 points) - The experience, qualifications and portfolio of the Principal Firm (20 points) - The experience and qualifications of the professional personnel assigned to the Project Team as well as their familiarity with this project and a thorough understanding of the methodology and design approach to be used in this assignment. (20 points) - The experience, qualifications and portfolio of the Project Manager, as well as hislher familiarity with this project and a thorough understanding of the methodology and design approach to be used in this assignment. (10 points) - Past performance based on quality of the Performance Evaluation Surveys and the Administration's due dilligence based upon reference checks performed of the Firm(s) clients. (5 points) - Willingness to meet time and budget requirements as demonstrated by past performance, methodology and approach (5 points) - Risk Assessment Plan that reflects a clear understanding of project objectives; a thorough review of existing conditions; familiarity with the project site; a thorough understanding of all permitting and regulatory requirements and impacts; and other considerations that may impact the design and construction of the proposed improvements. (5 points) - Certified minority business enterprise participation. Either the Prime Consultant or the sub-consultant team may qualify for proof of certification for minority business enterprise participation. Accepted minority business enterprise certifications include the Small Business Administration (SBA), State of Florida, or Miami-Dade County. (5 points) - Location (5 points) - Recent, current and projected workloads of the firms 11 Commission Memorandum - Issuance of a Request for Qualifications (RFQ) for Constructability, Cost, and Value Engineering Review Services. May 11,2011 Page 5 of 5 (5 points) - The volume of work previously awarded to each firm by the City, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firm. The City may request, accept and consider proposals for the compensation to be paid under the contract only during competitive negotiations. 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall 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. 7. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject City Manager's recommendation(s) and select another response or responses. In any case, City Commission shall select the response or responses acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 8. Negotiations between the selected respondent and the City Manager will take place to arrive at a contract. If the City Commission has so directed, the City Manager may proceed to negotiate a contract with a respondent other than the top ranked respondent if the negotiations with the top ranked respondent fail to produce a mutually acceptable contract within a reasonable period of time. 9. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. 10. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected respondent(s) has (or have) done so. CONCLUSION The Administration recommends that the Mayor and the City Commission authorize the issuance of a Request for Qualifications (RFQ) for constructability, cost, and value engineering review services. COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Issue A Request For Qualifications (RFQ) For Architectural, Engineering, Design, Bid and Award, and Construction Administration Services for the Collins Park Garage Project. Key Intended Outcome Supported: Ensure well-maintained infrastructure Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that 79% of businesses rated recently completed capital improvement projects as "excellent" or "good." Issue: Shall the Mayor and City Commission approve the issuance of the RFQ? Item SummarylRecommendation: The cultural arts neighborhood district is an area that is in need of parking for the visitors and residents of the City of Miami Beach. In order to serve this need, the City is proposing to build a five level parking garage. The site for the new parking facility is bounded by 23rd Street on the north, Park Avenue on the west, the Miami City Ballet on the south and Liberty Avenue on the east (300 to 342 23rd Street). In addition, the City owns a surface lot that serves the City Library bounded by Liberty Avenue to the west and the City Library to the south (224 23rd Street), which the City is desirous to plan as part of the services contemplated in this Request for Qualifications. This project once built will generate jobs as well as provide a source of revenue for the City. The City is requesting qualification statements from Design Firms that meet the minimum qualifications described in this document. The Consultant shall provide Architectural, Structural Engineering, MEP Engineering, Civil Engineering, Landscape Architecture, Parking and Transportation Consultant, Traffic Impact Study within the parameters required by the City's Public Works and Planning Departments, Environmental Assessments, Threshold Inspection, Special Inspection as required by the Building Department, Construction Cost Estimating, Surveying, Geotechnical, Asbestos survey and material testing services for the Project. The work shall include, but not be limited to planning, design development, estimate(@ of probable construction cost, construction documents, permitting, bidding I award, LEED process support and documentation and construction administration services for the Project. The project consists of a five (5) level parking garage with a maximum height of fifty (50) feet or as required by City Ordinance, which accommodates approximately 400 parking spaces and houses retail establishments on the ground floor. The parking garage will be located on 300-342 23rd Street. The City is contemplating closing a portion of Liberty Avenue from 23rd Street to 22nd Street in order to create a pedestrian plaza that will provide safe travel to and from the Miami Beach Ballet, the Library, and the parking garage. In addition, the City is requesting that the Consultant study the best use of the parcel located on 224 23' Street and propose various concepts to the City which may include a commercial building with retail on the ground floor and commercial and retail on the floors above with the possibility of being connected via a bridge to the new parking garage as described above. The Consultant's services shall also include LEED process support and documentation pursuant to US Green Building Counsel LEED Standard and1 or City of Miami Beach Ordinance Section 100 whichever is most stringent and include but not be limited to the following: LEED documentation, application and all required submittals to achieve a USGBC LEED SILVER certification for new construction; Providing the project specifications that clearly delineate all LEED-related Contractor responsibilities and procedures, provide the LEED required documentation of all materials, technologies, and procedures upon which the achievement of design intent and LEED Silver certification depend; Coordinating with and assisting the City's Building Commissioning Agent I Contractor in its implementation of the Building Commissioning Plan. That plan shall result in full compliance with the LEED standard for full documentation of building commissioning. In particular it will structure and document the full initiation, testing, operational instruction, and record documentation of all building systems. The Project Team will conduct meetings that will result in a list of clearly defined and clearly assigned actions and responsibilities for moving towards the achievement of LEED Silver certification and related proiect goals. I The total'allocateh Construction Cost Budget earmark for the project is approximately $12,500,000. I Advisory Board Recommendation: I NlA Financial Information: Source of Funds: OBPl Financial Impact Summary: NIA Account 1 Total Amount NIA MIAMIBEACH Cify 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: May 11, 201 1 ?+ SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) FOR ARCHITECTURAL, ENGINEERING, DESIGN, BID AND AWARD, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE COLLINS PARK GARAGE PROJECT ADMINISTRATION RECOMMENDATION Approve issuance of the RFQ. ANALYSIS The cultural arts neighborhood district is an area that is in need of parking for the visitors and residents of the City of Miami Beach. In order to serve this need, the City is proposin to build a B five (5) level parking garage. The site for the new parking facility is bounded by 23' Street on the north, Park Avenue on the west, the Miami City Ballet on the south and Liberty Avenue on the east (300 to 342 23' Street). In addition, the City owns a surface lot that serves the City Library bounded by Liberty Avenue to the west and the City Library to the south (224 23rd Street), which the City is desirous to plan as part of the services contemplated in this Request for Qualifications. This project once built will generate jobs as well as provide a source of revenue for the City. SCOPE OF SERVICES The City is requesting qualification statements from Design Firms that meet the minimum qualifications described in this document. The Consultant shall provide Architectural, Structural Engineering, MEP Engineering, Civil Engineering, Landscape Architecture, Parking and Transportation Consultant, Traffic Impact Study within the parameters required by the City's Public Works and Planning Departments, Environmental Assessments, Threshold Inspection, Special Inspection as required by the Building Department, Construction Cost Estimating, Surveying, Geotechnical, Asbestos survey and material testing services for the Project. The work shall include, but not be limited to planning, design development, estimate(s) of probable construction cost, construction documents, permitting, bidding / award, LEED process support and documentation and construction administration services for the Project. The project consists of a five (5) level parking garage with a maximum height of fifty (50) feet or as required by City Ordinance, which accommodates approximately 400 parking spaces and houses retail establishments on the ground floor. The parking garage will be located on 300-342 23' Street. The City is contemplating enhancing or closing a portion of Liberty Avenue from 23rd Street to 22" Street in order to create a pedestrian plaza that will provide a strong connection from the parking structure to Collins Park, Miami Beach Ballet, and the Public Library. In addition, the City is requesting that the Consultant study the best use of the parcel located on 224 23rd Street and propose various concepts to the City which may include a commercial building with retail on the ground floor and commercial and retail on the floors above with the Commission Memorandum - Issuance of a Request for Qualifications (RFQ) for Architectural, Engineering, Design, Bid and Award, and Construction Administration Services for the Collins Park Garage Project May 11, 2011 Page 2 of 6 possibility of being connected directly by an extension of the parking levels or via a bridge to the new parking garage as described above. The Consultant's services shall also include LEED process support and documentation pursuant to US Green Building Counsel LEED Standard and/ or City of Miami Beach Ordinance Section 100 whichever is most stringent and include but not be limited to the following: LEED documentation, application and all required submittals to achieve a USGBC LEED SILVER certification for new construction; Providing the project specifications that clearly delineate all LEED-related Contractor responsibilities and procedures, provide the LEED required documentation of all materials, technologies, and procedures upon which the achievement of design intent and LEED Silver certification depend; Coordinating with and assisting the City's Building Commissioning Agent / Contractor in its implementation of the Building Commissioning Plan. That plan shall result in full compliance with the LEED standard for full documentation of building commissioning. In particular it will structure and document the full initiation, testing, operational instruction, and record documentation of all building systems. The Project Team will conduct meetings that will result in a list of clearly defined and clearly assigned actions and responsibilities for moving towards the achievement of LEED Silver certification and related project goals. The total allocated Construction Cost Budget earmark for the project is approximately $12,500,000. The successful firm will be tasked with the following duties and responsibilities: Planning Services: The purpose of this Task is to develop a concept plan that meets the City's functional requirements and stays within established schedule and cost parameters. Desinn Services: The purpose of this Task is to establish the requirements for the preparation of Contract Documents for the Project. The selected firm will be required to perform a variety of forensic tasks to verify, to the extent practicable, existing conditions, and the accuracy of base maps and as-built drawings to be used in the development of Construction Documents. These tasks include, but may not be limited to, demolition drawing preparation, surveying, utility verification, environmental site assessments, geotechnical explorations, traffic impact studies, hazardous material testing and coordination with proposed design improvements. In addition, the selected firm will follow the City Standards for the preparation of Contract Documents, inclusive of Drawings, Specifications and Front-End Documents, Cost Estimates, and a Risk Assessment Plan (RAP). Review submittals will be prepared at the completion of the Design Development Phase and at the 30%, 60%, 90% and 100% completion stages of the construction documents. Contract Documents will be subject to Constructability and Value Engineering reviews. The selected firm will attend and participate in design review meetings to present and discuss the design progress and concept at different stages during the design and will work with City staff to adjust and revise Project scope as may be deemed necessary to meet established budgets and the established phasing plan. The selected firm will also Commission Memorandum - Issuance of a Request for Qualifications (RFQ) for Architectural, Engineering, Design, Bid and Award, and Construction Administration Services for the Collins Park Garage Project May 11,201 1 Page 3 of 6 be responsible for reviewing and receiving approvals for the Contract Documents from all jurisdictional permitting Agencies and Boards prior to finalization of each phase of the Project. To facilitate the implementation of a Public lnformation Program, the selected firm will provide electronic files of all project documents, as directed by the City. City departments shall be required to respond, in writing, to all review comments. Presentation formats will be as directed by the City. The selected firm shall establish and maintain an in-house Quality Assurance / Quality Control (QAIQC) program designed to verify and ensure the quality, clarity, completeness, and constructability of its Contract Documents. Bid and Award Services: The selected firm shall assist the City in the bidding and award phases of each portion of the Project scope. Such assistance shall include facilitating reviews of Contract Documents with applicable Procurement, Risk Management and City Attorney's Office representatives. In addition, the selected firm shall furnish camera- ready Contract Documents for reproduction and distribution by the City, attend pre-bid conferences, assist with the preparation of necessary contract addenda, attend bid openings where applicable, assist with bid evaluations, and prepare a recommendation to award letter for the City's consideration. The selected firm shall provide "As-Bid" documents for use during construction. Construction Administration Services: The selected firm shall perform a variety of tasks associated with the administration of the construction of the project. These shall include attendance at the pre-construction conferences, attendance at weekly construction meetings, responding to contractor Requests for lnformation (RFI), clarification, responding to and evaluating contractor requests for change orders, contract amendments, review of shop drawings, review of record drawings, review and recommendation of contractor applications for payment, specialty site visits, project closeout reviews, including substantial completion, final punch list development and Project certification of final completion and acceptance of each phase, and warranty administration of each phase. Additional Services: If additional services are required during the performance of the work, they will be requested by the City and negotiated in accordance with the Contract requirements. Reimbursable Services: The City may reimburse additional expenses such as reproduction costs, underground utility verification costs material testing / abatement and/or any other service as required for successful project completion. MINIMUM REQUIREMENTS For purposes of compliance with this minimum experience requirement, the term "Proposer" is hereby defined to mean the firm andlor business entity which is submitting a proposal pursuant to this RFQ. Accordingly, the firm and/or business entity must meet the minimum requirements listed below in order to be deemed responsive. Non-responsive bids will be disqualified from consideration. Qualifications will be considered only from consultants that are regularly engaged in the business of providing the professional specialization services as described in this RFQ. For the purposes of this RFQ a LEED project is defined as a project that has followed the US Green Building Council LEED Standard for achieving at a minimum the USGBC LEED SILVER certification for new construction, with higher rating levels encouraged. Commission Memorandum - Issuance of a Request for Qualifications (RFQ) for Architectural, Engineering, Design, Bid and Award, and Construction Administration Senlices for the Collins Park Garage Project May 11,2011 Page 4 of 6 Interested Firms shall address the following items in the RFQ response: ltem I. Team Experience: Indicate the team's number of years of experience in providing the requested professional services; List all similar projects undertaken in the past five (5) years, describe the scope of each project in physical terms and by cost, describe the respondent's responsibilities, and provide the name and contact telephone number of an individual in a position of responsibility who can attest to respondent's activities in relation to the project; Provide the name(s) of the person, or persons within your organization who was most actively concerned with managing each project. List and describe all legal claims against any member of the team alleging errors andlor omissions, or any breach of professional ethics, including those settled out of court, during the past five (5) years. The Design Firm must demonstrate prior experience in designing mixed-use municipal facilities, i.e. multi-story structures incorporating parking, retail space, andlor commercial space, with a minimum construction cost of 12.5 million. Specific experience in designing facilities that are successfully integrated into a dense urban environment is required. The Design firm must include a Registered Architect licensed in the state of Florida and a licensed Professional Engineer licensed in the state of Florida whose expertise is structural Engineering. The prime consultant must be an Architectural firm. ltem 2. Project Manager's Experience: Provide a comprehensive summary of the experience and qualifications of the individual who will be selected to serve as the Project Manager. This individual must have a minimum of eight (8) years experience in the planning, design, and construction administration of public or private projects with similar scope of work - including experience in designing multi-use municipal facilities - and should have served as Project Manager on a minimum of three previous projects having the same approximate value (i.e., construction budget of $12.5 million or greater) and complexity as required by this Request for Qualifications. ltem 3. Previous Similar Projects: Please provide a list of a minimum of five projects which demonstrates the Team's experience in providing the services as required under this RFQ and in the scope of services for this project. Please provide the following information for each sample project: Client name, address, phone number, e-mail address Consultant (Architect or Engineer) name, address, phone number, fax and email Description of the scope of the work Month and Year the project was started and completed Total cost andlor fees paid to your firm Total cost of the construction, estimated and actual Role of the firm and the responsibilities LEED Certification achieved ltem 4. Qualification of Project Team: Provide a list of the personnel I subconsultants to be used on this project and their qualifications. A resume of each individual, including education, experience, and any other pertinent information shall be included for each team member including any subcontractors, to be assigned to this project. Commission Memorandum - Issuance of a Request for Qualifications (RFQ) for Architectural, Engineering, Design, Bid and Award, and Construction Administration Services for the Collins Park Garage Project May 11,207 1 Page 5 of 6 Item 5. Project Approach: Provide a detailed description on the Project Team approach to the required services. Information should include: Organizational structure of project team. Project specific approach to this neighborhood. Narrative description of team's understanding of the design services for the Project. RFQ PROCESS The procedure for response evaluation and selection is as follows: I. Request for Qualifications issued. 2. Receipt of responses. 3. Opening of responses and determination if they meet the minimum standards of responsiveness. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each response in accordance with the requirements of this RFQ. If further information is desired, consultants may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee will recommend to the City Manager the response or responses acceptance of which the Evaluation Committee deems to be in the best interest of the City. The following criteria shall be utilized by the Evaluation Committee for the selection of the Consultant: (20 points) - The experience, qualifications and portfolio of the Principal Firm (20points) - The experience and qualifications of the professional personnel assigned to the Project Team as well as their familiarity with this project and a thorough understanding of the methodology and design approach to be used in this assignment. (20 points) - The experience, qualifications and portfolio of the Project Manager, as well as hislher familiarity with this project and a thorough understanding of the methodology and design approach to be used in this assignment. (5 points) - Willingness to meet time and budget requirements as demonstrated by past performance, methodology and approach (10 points) - Past performance based on quality of the Performance Evaluation Surveys and the Administration's due dilligence based upon reference checks performed of the Firm(s) clients. (5 points) - Risk Assessment Plan that reflects a clear understanding of project objectives; a thorough review of existing conditions; familiarity with the project site; a thorough understanding of all permitting and regulatory requirements and impacts; and other considerations that may impact the design and construction of the proposed improvements. (5 points) - Certified minority business enterprise participation. Either the Prime Consultant or the sub-Consultant team may qualify for proof of certification for minority business enterprise participation. Accepted minority business enterprise certifications include the Small Business Administration (SBA), State of Florida, Commission Memorandum - Issuance of a Request for Qualifications (RFQ) for Architectural, Engineering, Design, Bid and Award, and Construction Administration Services for the Collins Park Garage Project May 11, 201 1 Page 6 of 6 or Miami-Dade County. (5 points) - Location (5 points) - Recent, current and projected workloads of the firms (5 points) - The volume of work previously awarded to each firm by the City, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firm. The City may request, accept and consider proposals for the compensation to be paid under the contract only during competitive negotiations. 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall 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. 7. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject City Manager's recommendation(s) and select another response or responses. In any case, City Commission shall select the response or responses acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 8. Negotiations between the selected respondent and the City Manager will take place to arrive at a contract. If the City Commission has so directed, the City Manager may proceed to negotiate a contract with a respondent other than the top ranked respondent if the negotiations with the tap ranked respondent fail to produce a mutually acceptable contract within a reasonable period of time. 9. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. 10. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected respondent(s) has (or have) done so. CONCLUSION The Administration recommends that the Mayor and the City Commission authorize the issuance of a Request for Qualifications (RFQ) for architectural, engineering, design, bid and award, and construction administration services for the Collins Park Garage Project. THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: I Request For Approval To Issue A Request For Proposals (RFP) For Certain Advertising Programs, And Advertising I I sales ~upport.~s Part Of The City's Revenue ~nhancement litiatives I I I Key Intended Outcome Supported: Improve the City's overall financial health and maintain overall bond rating Supporting Data (Surveys, Etc.): NIA Issue: ( Should the Commission approve the issuance of a Request for Proposals? I enhaicement opportunities. s&sequently, staff engaged'in a review of poiential advertising partnerships/opportunities that are designed to generate income to the City. Staffs market research also helped determine which of these opportunities could be handled internally and which required partners. This market research process also helped us to identify the potential income that could be derived from these different opportunities. It was concluded that a competitive process (a Request for Proposals, or RFP) would be the best mechanism to identify potential partners for certain current advertising products, as well as to secure advertising sales support services, on an as-needed basis. This RFP process would be used to secure the services of one or more companies, for one or more of the following advertising categories: 1) Parking Arms advertising (we have identified one company that can provide this program in a full service manner; please refer to other memo in the agenda for specifics); 2) Parking Stripes advertising; 3) DigitallDisplay Elevator Advertising (elevators in Parking Garages and other City buildings); 4) Parking POF meter advertising; 5) Misc. Parking Garage Advertising (e.g. pillars, etc.); 6) Other advertising opportunities (non-Parking); 7) Advertising Sales Support. Interested proposers may submit proposals for one or more category. The City will retain the right and ability to identify the quantity and location of any proposed advertising program to ensure that It meets our expectations in terms of aesthetics. At the March 9, 201 1 Commission meeting, Commissioner Jonah Wolfson referred for discussion to Committee a proposal submitted by ReBuzz Marketing relating to two specific concepts that would have the potential to generate revenues to the City (placement of maps on parking "pay-on-foot" (POF) machines, with an additional component that would place similar maps on parking garage elevators). As was reported last summer, the City researched options to maximize the visible presence of the over 500 POF machines located throughout the City. It was recommended to the FCWPC that approval be granted for the issuance of an RFP to select partners for various advertising programs. As a POF program and elevator advertising program have been identified as potential revenue generators for the City, both of these categories were included as potential advertising partnership opportunities in the proposed competitive process. APPROVE ISSUANCE OF AN RFP. I, Advisory Board Recommendation: FCWPC 412711 1 - Recommendation to issue RFP. Financial Information: I I I Financial Impact Summary: NIA I - I OBPl I I City Clerk's Office Legislative Tracking: Gus Lopez, ext 6641 Source of Funds: I I I Total / AOENDA ITEM DATE .- Amount 1 - * Account I V: I AR4 BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miomibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: May 1 1, 201 1 SUBJECT: REQUEST FOR APPROVALTO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR CERTAIN ADVERTISING PROGRAMS, AND ADVERTISING SALES SUPPORT, AS PART OF THE CITY'S REVENUE ENHANCEMENT INTIATIVES BACKGROUND As you may recall, during the budget process last summer several concepts were presented aspotential revenue enhancement opportunities. Subsequently, staff engaged in a review of potential advertising partnershipslopportunities that are designed to generate income to the City in a manner that does not create an overly-commercialized environment, and that are sensitive to existing restrictions in City Code. These revenue enhancement opportunities range in the potential income that they may derive to the City; the manner in which these opportunities are managed also differ, from those concepts that can be handled in- house, to those that require external, privatesector partners. In addition to staff's market research to identify potential advertising partnership opportunities, they were also able to determine which of these opportunities could be handled internally and which required partners. Of those that required partners, the market research also helped identifynot only particular opportunities that might be of interest, but also if more than one company existed that could provide the preferred product, thus requiring a competitive selection process for a partner. This market research process also helped us to identify the potential income that could be derived fom these different opportunities. In addition, through the course of this market research, it was also determined that additional support in advertising sales would be beneficial for those products that we can manage in-house. These products currently include, for example, our magazine ads, the bus shelter ads on 5th and Alton, ads on our doggie bags and litters bags, and the pay-on-foot parking receipt ads. In the future this may include banner ads for parks, etc. Currently, our Development Coordinator is managing all sales for the MB Magazine and Rec Review, while also pursuing ads for other products, and securing sponsors for City events (e.g. Sleepless Night, grand openings events, etc.). The Development Coordinator also provides staff support for sponsorship (municipal marketing) projects under development REVENUE ENHANCEMENT INITIATIVEYCOMPETITIVE PROCESS: As previously noted, staff has been researching alternative revenue enhancement opportunities. It was concluded that a competitive process (a Request for Proposals, or RFP) would be the best mechanism to identify potential partners for certain current advertising products we wish to pursue immediately, as well as potential products we may wish to pursue in the future. In addition, a competitive process is recommended to secure advertising sales support services, on an asneeded basis. This RFP process would be used to secure the services of one or more companies, for one or more of the following advertising categories: 1) Parking Arms advertising (we have identified one company that can provide this program in a full service manner; please refer to other memo in the agenda for specifics) ATTACHMENT A MINIMUM REQUIREMENTS Advertising programs: The successful Proposer must provide evidence of sufficient financial stability to produce, install and maintain the advertising program proposed, including the quantity of products proposed The successful Proposer must demonstrate a level of expertise, technical knowledge, innovation, and overall capacity to provide the proposed advertising program Advertising Sales Support: The successful Proposer (including hislher key staff) must have a record of advertising sales. EVALUATION PROCESS The procedure for Proposal evaluation and selection is as follows: 1. Competitive process 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 competitive process. 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: Proposer's experience and qualifications in providing advertising programs - 25 Points Proposed revenue to the City - 40 Points Strength and sustainability of operating plan - 25 Points Past performance in implementing a similar advertising (Based on information in the Proposal submission; References) - 10 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 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. 10. A proposed contract (or contracts) may be presented to the City Commission for approval, modification and approval, or rejection. 11. 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(s) after the selected Proposer(s) has (or have) done so. RFP for Advertising ProgramsIAdvertising Sales support May 11,2011 2) Parking Stripes advertising 3) DigitalIDisplay Elevator Advertising (elevators in Parking Garages and other Citybuildings) 4) Parking POF meter advertising 5) Misc. Parking Garage Advertising (e.g. pillars, etc.) 6) Other advertising opportunities (nonparking) 7) Advertising Sales Support The City would require interested proposals to respond to each category for which they are interested in partnering, allowing the flexibility to select the vendor that would provide the best value and financial return to the city in each, stand-alone category. However, vendors would be permitted to submit proposals that reflect potential benefits to the City if they are selected for more than one category (for example, increased revenues if selected to provide both mast arm and parking stripe advertising). Responses to #5 and #6 above will be open-ended, allowing proposers to recommend additional concepts for our consideration. All of the proposals will be reviewed to ensure consistency with existing Code, as well as to ensure that the proposal meets our aesthetic expectations. The City will retain the rightand ability to identify the quantity and location of any proposed advertising program to ensure that It meets our expectations in terms of aesthetics. It is our intention to fast-track this RFP process to allow us to secure a partner(s) as quickly as possible for purposes of implementing the programs and generating revenues. Advertising Sales Support: As previously noted, the City is interested in securing Advertising Sales Support to assist City staff in the sales of advertising for existing products managed directly by the City. Interested respondents must demonstrate experience and a track record in advertising sales, including local and national advertisers. The selected proposer will work jointly with the City's Development Coordinator in developing and implementing sales kits relating to specific city products. Please refer to Attachment A for information regarding the proposed requirements of the competitive process recommended above. FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING(FCWPC) - APRIL 27,2011 At the March 9, 201 1 Commission meeting, Commissioner Jonah Wolfson referred for discussion to Committee a proposal submitted by ReBuzz Marketing relating to two specific concepts that would have the potential to generate revenues to the City. The unsolicited proposal from Rebuzz primarily focused on the placement of maps on parking "pay-on-foot" (POF) machines, with an additional component that would place similar maps on parking garage elevators. As was reported last summer, the City researched options to maximize the visible presence of the over 500 POF machines located throughout the City. It was recommended to the FCWPC that approval be granted for the issuance of an RFP to select partners for various advertising programs. As a POF program and elevator advertising program have been identified as potential revenue generators for the City, both of these categories were included as potential advertising partnership opportunities in the proposed competitive process. The FCWPC passed a motion recommending .the issuance of a competitive process for the categories listed above, including POF and elevator advertising, as well as advertising sales support. CONCLUSION It is recommended that the Mayor and Commission approve the issuance of a competitive process to select partners for the implementation of certain advertising program, and to obtain advertising sales support, as part of the City's revenue enhancement initiatives COMMISSION ITEM SUMMARY Condensed Title: I Request For Approval To Issue A Request For Proposals (RFP) To Provide Testing Services Programs I I And/or To provide Consultation services. - - 1 Key Intended Outcome Supported: Control costs of payroll, including salary and fringes1Minimize TaxesIEnsure expenditure trends are sustainable over the long term. Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Community Satisfaction Survey, among the four (4) areas of customer service measured, 85.5% of respondents agreed that "The employees that assisted me were courteous and professional." Issue: ~--- - [ Should the Commission approve the issuance of a Request for Proposals? I Item SummarylRecommendation: 1 The Citv has a need to establish an aareement with a aualified wrovider of services to develoo, validate. 1 I administer, score, report and review testing programs td determine qualified applicants for and fire entrv level ~ositions and classified wromotional classifications: and/or to wrovide consultation services in ' I order to develop job analysis, entry'level and promotional tests, scoring, minimum requirements for jobs, and background tests requirements for sworn and non-sworn positions. The City currently has an agreement for these services that will expire on December 6, 201 1, with no further options for renewal. The term of the agreement with the selected provider will be for a one (I) year term per classification, with four (4) additional one (1) year renewal options, at the discretion of the City. There will be an option to submit a proposal on any or all of the Base or Alternate Proposal: Base Proposal for Police and Fire Classifications and/or an Alternate Proposal for consultation services in order for the City to develop job analysis, entry level and promotional tests, scoring, minimum requirements for jobs, and background tests requirements for sworn and non-sworn positions. Minimum requirements for the Base Proposal: Prospective proposers shall have a minimum of five (5) years experience in developing, validating, administering and scoring testing programs to determine qualified applicants for sworn and non-sworn positions. Minimum requirements for the Alternate Proposal: Prospective proposers shall have a minimum of five (5) years experience in developing, validating, administering and scoring testing programs to determine qualified applicants for sworn and non-sworn positions or consulting services in these same areas. All Prospective proposers shall possess a masters or doctorate degree from an accredited college or university in Industrial Organizational Psychology; or a masters degree in Business Administration, from an accredited college or university, with concentration in Organizational Psychology, Applied Psychology or other closely related field. ) APPROVE ISSUANCE OF AN RFP. Advisory Board Recommendation: I NIA I OBPl I I Total I Financial Information: I I I Financial Impact Summary: As this is a request to issue an RFP, no funds are being expended at this time. Source of Funds: City Clerk's Office Legislative Tracking: Gus Lopez, ext 6641 I Sign-Offs: Department Director AssistaHCity Manager City Manager I RI T:V\GENDAUOII\S-II-11\Testing RFP Summary.doc PDW L 1 itti MIAMIBEACH w AGENDA ITEM ca 0 Amount Account 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: May11,2011 SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) TO PROVIDE TESTING SERVICES PROGRAMS TO DETERMINE QUALIFIED APPLICANTS FOR POLICE AND FIRE ENTRY LEVEL POSITIONS AND CLASSIFIED PROMOTIONAL CLASSIFICATIONS; AND/OR TO PROVIDE CONSULTATION SERVICES FOR SWORN AND NON-SWORN POSITIONS IN ORDER TO DEVELOP JOB ANALYSIS, ENTRY LEVEL AND PROMOTIONAL TESTS, SCORING, MINIMUM REQUIREMENTS FOR JOBS BACKGROUND TEST REQUIREMENTS. ADMINISTRATION RECOMMENDATION Approve Issuance of the RFP. KEY INTENDED OUTCOMES SUPPORTED Control costs of payroll, including salary and fringes/MinimizeTaxes/Ensure expenditure trends are sustainable over the long term. BACKGROUND The City has a need to establish an agreement with a qualified provider of services to develop, validate, administer, score, report and review testing programs to determine qualified applicants for police and fire entry level positions and classified promotional classifications; and/or to provide consultation services in order to develop job analysis, entry level and promotional tests, scoring, minimum requirements for jobs, and background tests requirements for sworn and non-sworn positions. The City currently has an Agreement for these services that will expire on December 6, 201 1, with no further options for renewal. TERM OF AGREEMENT The term of the Agreement with the selected Provider will be for a one (I) year term per classification, with four (4) additional one (1) year renewal options, at the discretion of the C#. INSURANCE REQUIREMENT In an effort to maximize competition, the insurance coverage requirement for naming the City as additionally insured is not required for Professional Liability under this RFP, and the required coverage for Consultant General Liability insurance is reduced from $1,000,000 to $300,000. Testing RFP May 11,2011 Page2of 10 SCOPE OF WORK GENERAL There will be an option to submit a proposal on any or all of the following two (2) areas: BASE PROPOSAL: Police Department entry level testing: Depending upon the requirements, as proposed by the City, there are normally between 500 - 3,000 applicants during a recruitment period. Recruitment numbers can vary in large part due to whether certification or non-certification requirements are considered. Police promotional testing occurs every two (2) years, per the Fraternal Order of Police (FOP) Collective Bargaining Agreement. Fire Department entry level testing: Depending upon certification requirements, the City normally has between 200 - 3,000 applicants. Certified only recruitments may involve as few as 200 applicants, while non-certified recruitments may involve as many as 3,000 applicants. (For the last several years, the City has done certified recruitments only; however, the City would still like to see testing options for non-certified recruitments). Fire promotional testing occurs every three (3) years, per the International Association of Fire Fighter Union (1AFF)Collective Bargaining Agreement. BASE PROPOSAL FOR POLICE AND FIRE CLASSIFICATIONS1 Police Certified - (Entry Level) Police Non-Certified - (Entry Level) Firefighter I Certified - (Entry Level) Firefighter I Non-Certified - (Entry Level) Police Sergeant - (Promotional) Police Lieutenant - (Promotional) Fire Lieutenant - (Promotional) Fire Captain - (Promotional) 1. Conduct a thorough job analysis for all testing and validation of process. 2. Revise job descriptions and recommend any changes based on the job analysis. 3. Construct physical ability, behavioral assessment center, written tests, oral tests or other appropriate selection devices. 4. Administration of anylall portions of the testing process. 5. Score and analyze results, respond to challenges, determine cutting point and establish ordered register of results. 6. Develop and recommend method of final selection and any other processes. 7. Documentation, follow-up, and general services. ALTERNATE PROPOSAL: This Proposal is for consultation services in order to assist the City developing job analysis, entry level and promotional tests, scoring, minimum requirements for jobs, and background tests requirements for sworn and nonsworn positions. ALTERNATE PROPOSAL TO PROVIDE CONSULTATION SERVICES IN THE FOLLOWING AREAS: 1. Job Analysis 2. Police and Fire entry level and promotional testing 3. Scoring 4. Revision of job descriptions Testing RFP May 11,201 1 Page 3 of 10 5. Background test requirements 6. Any and all relevant technical and procedural assistance with all testing The City reserves the right to reject all proposals. The City also reserves the right to award a contract for either the Base Proposal or the Alternate Proposal, whichever shall be determined to be in the City's best economic interest. B. GENERAL - TIMETABLE All necessary job analysis, validation, examinations, etc., must be completed to produce an ordered register of results according to the fdlowing timetable for the City: 1. Entry level Police Officer - Every one (1) to two (2) years 2. Entry level Firefighter - Every one (1) to two (2) years 3. Promotional Police - Every two (2) years 4. Promotional Fire - Every two (2) years 5. Promotional Lifeguard - Every two (2) years JOB FUNCTION REQUIREMENTS PERFORM FUNCTION (BASE PROPOSAL) AND/OR PROVIDE CONSULTATION SERVICES (ALTERNATE PROPOSAL) RELATING TO THE FOLLOWING CATEGORIES I. CONDUCT A THOROUGH JOB ANALYSIS FOR ALL TESTING 1. Develop and conduct job analysis under conditions that assure adequacy and accuracy of the research and results. 2. Gather and analyze existing pertinent data regarding the classification, including, but not limited to: last job analysis, existing job specifications, etc. 3. Identify, define and anatyze the tasks and work behaviors, especially the important and/or critical. tasks and work behaviors required for successful performance constituting most of the job, and their relative importance, and if the behaviors results in a work product, analyze the work products. 4. Identify and document each Knowledge, Skill and Ability (KSA) necessary as a prerequisite to perform critical andlor important work behaviors, including the identification and documentation of the "Essential Job Functions" per Americans with Disabilities Act (ADA) guidelines. 5. Operationally define each KSA and the relationship between each KSA and each work behavior as well as the method used to determine this relationship. 6. Identify and define the important and/or critical prerequisite KSAs or behaviors to be measured or sampled by the selection devices and recommend minimum qualifications for application acceptance. 7. Prepare complete detailed report documenting entireprocess including, but not limited to, all methodologies, rationales, procedures, and findings of job analysis. Testing RFP May 11,201 1 Page 4 of 10 REVISE JOB DESCRIPTIONS Based upon the job analysis, revise the current job specifications including the following sections: Nature of Work; Illustrative Examples of Essential Duties; Knowledge, Skills and Abilities; Minimum Requirements; Physical Requirements; Supervision Received; and Supervision Exercised. Note "Essential Job Functions" per ADA. CONSTRUCT WRITTEN TEST (if applicable) 1. Recommendation as to whether or not a written test should be part of the testing process for Police or Fire testing. 2. Ensure that no person(s), other than those designated by the City Manager, shall have access to any information regarding the test, test items, test development materials, test answers or any related materials. 3. Ensure that the test items have not been used and will not be used in whole or in part by any other past, present, or future client or any other agency or individual without express written agreement between the Cityand the Consultant. 4. Ensure that there is no substantial similarity between any of the items developed for these classifications and the items on any other examination prepared for the City without express written agreement between the City and the Conaltant. 5. Give title of the test and all items to the City to be used by the City in any manner without any additional charge and prevent use by any other agency or individual. 6. Construct the test of at least 100 items- the format to be agreed to bythe City. 7. Develop test items for each Knowledge, Skills and Ability (KSA) area and document that the items are an adequate and representative sample of the KSA content area to be measured, ensuring complete coverage of all major elements of each KSA content area. 8. Develop items that will differentiate among applicants' levels of competency. 9. Avoid redundancy and confounding of measurement by ensuring that each item measures one specific area. 10. Review and edit items to insure freedom from misspelling or grammatical, typographical, or other errors and freedom of ethnic, gender, or other bias - and to insure that all items are properly prepared in accordance with accepted testing criteria, are reliable and valid, are directly related to performance of the job and are reasonable and defensible. 1 1. Provide written source documentation linking each item with the appropriate KSA, noting source of attribution and the page and paragraph number or the equivalent to page and paragraph number. Testing RFP May 11,201 1 Page5of 10 12. Print and deliver sufficient copies of each Written Test. 13. Coordinate and administer Written Test process including site selection, scheduling and payment. If possible, the City will provide meetingltesting rooms if available. 14. Score the answer sheets. 15. Return answer sheets to the City. 16. Evaluate the test statistics and item analysis provided by the City, and perform and evaluate adverse impact calculations and any additional analysis, as the firm deems appropriate. 17. Develop a form to be used for applicant challenges. 18. Review and respond in writing to each applicant challenge, including justification of correct response. 19. Delete any items warranted based on evaluation of test statistics, item analysis and applicant challenges. 20. Determine appropriate cutting point (or passing score). 21. Prepare final scoring key and perform final scoring. 22. Provide the City with a register of the final results of each participant. 23. Validate the entire selection process. 4. CONSTRUCT AND ADMINISTER BEHAVIORAL ASSESSMENT CENTER- PROMOTIONAL POLICE AND FIRE ONLY 1. Ensure that no person(s), other than those designated by the City Manager, shall have access to any information regarding the behavioral assessment exercises, concepts, development materials, responselperformance guidelines or any related materials. 2. Ensure that the behavioral assessment exercises have not been used and will not be used in whole or in part by any other past, present, or future client or any other agency or individual without express written agreement between the City and the Consultant. 3. Construct the behavioral assessment Center - the nature of which to be determined by the job analysis and agreed to by the City. 4. Develop desired performancelresponses for each behavioral assessment exercise andlor standardsicriteria. Testing RFP May 11,201 1 Page 6 of 10 5. Review and edit written behavioral assessment exercise materials to insure freedom from misspelling or grammatical, typographical, or other errors and freedom from ethnic, gender, or other bias. 6. Validate the Behavioral Assessment Center. 7. Provide orientation sessions for all candidates including guidelines and descriptions of Behavioral Assessment Center process. 8. Provide and operate videotape and equipment (and backup) so that each participant is videotaped during non-written behavioral assessment exercises. 9. Print and deliver sufficient copies of each behavioral assessment exercise. 10. Coordinate and administer Behavioral Assessment Center process including site selection, scheduling and payment. If possible, the City will provide meetingltesting rooms if available. 11. Select, provide lodging and transportation for and train assessors per behaviord assessment exercise. Schedule assessors for videotape and written exercise evaluation. 12. Determine appropriate Behavioral Assessment Center passing score. 13. Provide the City with a register of the final results including overall score for each participant. 14. Provide one-on-one feedback upon request to each participant. 15. Develop a form to be used for applicant challenps. 16. Review and respond in writing to each applicant challenge, including justification of response. 17. Give title of the Behavioral Assessment Center and all exercises to the City to be used by the City in any manner without any additional charge and prevent use by any other agency or individual. 5. CONSTRUCT PHYSICAL ABILITY, BEHAVIORAL ASSESSMENT CENTER, ORAL TESTS OR OTHER APPROPRIATE SELECTION DEVICES - ENTRY LEVEL POLICE AND FIRE ONLY 1. Recommendation needs to be made as to what testing or selection devices should be required for entry level testing. Testing options should be considered separately for Police Certified, Police Non-Certified, Firefighter 1 Certified and Firefighter I Non-Certified. The City is open to all recommendations, based upon the job analysis conducted for future testing procedures. 2. Develop, administer, analyze, interpret results and validate such other appropriate structured selection devices based upon the job analysis. Testing RFP May 11,2011 Page 7 of 10 3. Ensure that no person(s), other than those designated by the City Manager, shall have access to any information regarding the selection device, the selection device items, development materials, desired performancelresponseslanswers or any related materials. 4. Ensure that the test items have not been used and will not be used in whole or in part by any other past, present, or future client or any other agency or individual without express written agreement between the City and the Consultant. 5. Construct the selection devices with weights in proportion to the relative importance of KSAs or behaviors to be sampled or measured as determined by the job analysis. 6. Develop selection device components for each KSA or behavioral content area and document that the components are an adequate and representative sample of the KSA or behavioral content area to be measured or sampled, ensuring complete coverage of all major elements of each KSA or behavioral content area. 7. Develop components that will differentiate among applicants' levels of competency and that will differentiate among levels of job performance. 8. Avoid redundancy and confounding of measurement. 9. Review and edit items to insure freedom from misspelling or grammatical, typographical, or other errors and freedom of ethnic, gender, or other bias - and to insure that all items are properly prepared in accordance with accepted testing criteria, are reliable and valid, are directly related to performance of the job and are reasonable and defensible. 10. Provide written documentation linking each component with the appropriate KSA or job behavior. 1 1. Develop desired performancelresponses for each component andlor standardslcriteria and a form by which performance is to be evaluated, scored, analyzed, and interpreted. , 12. Print and deliver sufficient copies of the selection devices. 13. If used, develop methods by which selection device raters will be evaluated and selected. 14. If raters are used, develop and administer rater training and facilitate and monitor administration of selection device. 15. Produce and evaluate descriptive selection device statistics and analysis including adverse impact statistics. 16. Review and respond in writing to each applicant challenge, including justification of correct (desired) performancelresponse. 17. Determine appropriate cutting point (or passing score). Testing RFP May 11,201 1 Page 8 of 10 18. Provide the City with an ordered register of the selection device results of each participant. 19. Prepare complete detailed report documenting entireprocess including, but not limited to, all methodologies, rationales, and procedures. 6. DEVELOP AND RECOMMEND METHOD OF FINAL SELECTION AND ANY OTHER PROCESSES I. Prepare written recommendation as to the method(s) of referring qualified candidates from the Eligible List to the Appointing Authority for interview, consideration and selection. Recommendation would include number of candidates to be referred, flexible or set number of candidates, banding of scores, etc., with appropriate supporting rationale and criteria. 2. Prepare and provide written recommendation of methodology and procedures for making final selections from among qualified candidates. 3. Prepare written recommendations on any additional processes and guidelines as are required or advised, such as background investigation, drug use history, polygraph, psychological and/or psychiatric evaluations, etc. 7. DOCUMENTATION, FOLLOWUP AND GENERAL SERVICES Task A - Document, prepare comprehensive monthly progress and final reports, and provide copies to the City of all materials, methodologies, individuals involved, and steps utilized to provide these services as well as a copy of all data obtained. Task B - Document that the selection devices are valid and reliable measurement instruments and that acceptable and defensible statistical and other methods were applied. Task C - Prepare documentation and testimony to appear in court or before any regulatory authorities or bodies and provide testimony as an expert witness in conjunction with any challenges, appeals, suits or grievances that might arise from providing the proposed services. Task D - - General Services include the following: 1. Remain available on an as-needed basis to answer any questions, clarify or interpret the results of any individual's results. 2. Provide supplemental written material and training to City personnel to facilitate the use of the Behavioral Assessment Center results and reports. 3. Defend and/or represent the City and testify on the City's behalf if any claims or allegations are made regarding the services provided including, but not limited to, the validity of the test battery or evaluation methods or results. Testing RFP May 11,2011 Page 9 of 10 4. Maintain all raw test results and notes with respect to each individual evaluated for the time set forth in Florida records retention or other applicable laws or as specified by the City, whichever is greater. 5. Research and investigate to insure that all tests, procedures, results and interpretations are valid, reliable, cross-cultural and legally defensible for the purposes used. 6. Submit a report summarizing evaluation and test results, including an analysis by ethnicitylrace, gender and age showing adverse impact, if any, of each component and of entire selection process and giving recommendations for future reduction of any adverse impact. 7. Document that the entire selection process is valid and meets all required criteria. D. CITY PROVIDED SERVICES A. Provide copies of the existing job analysis, job description and other information requested. B. Coordinate subject matter expert and other meetings involving City employees, coordinate distribution and return of employee questionnaires, and contact candidates regarding scheduling. C. If possible, the City will provide meetingltesting rooms if available. D. The Human Resources Department Director may: Designate a professional City employee in the Human Resources Department as a contact and resource person for the firm. E. MINIMUM REQUlREMENTSlQUALlFlCATiONS Base Proposal: Prospective proposers shall have a minimum of five (5) years experience in developing, validating, administering and scoring testing programs to determine qualified applicants for sworn and non-sworn positions. Alternate Proposal: Prospective proposers shall have a minimum of five (5) years experience in developing, validating, administering and scoring testing programs to determine qualified applicants for sworn and non-sworn positions or consulting services in these same areas. Education: All Prospective proposers shall possess a masters or doctorate degree from an accredited college or university in Industrial Organizational Psychology; or a masters degree in Business Administration, from an accredited college or university, with concentration in Organizational Psychology, Applied Psychology or other closely related field, with strong emphasis in: Research methods; Statistical methodsldata analysis; Testing RFP May 11,201 1 Page 10 of 10 Criterion Theory and development; Selection, training, performance management, organizational development or other related area. F. EVALUATION FACTORS An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further information is desired, proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 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. The Evaluation Committee shall base its recommendations on thefollowing factors: Evaluation CriterialFactors: Weight Qualifications and Experience of the Proposer/Subcontractors 30% Methodology and Approach 25% Proposed Feelcompensation 35% References - 10% Total 100% G. CONCLUSION The Administration recommends that the Mayor and City Commission authorize the issuance of a Request for Proposals (RFP) for a qualified provider of services to develop, validate, administer, score, report and review testing programs to determine qualified applicants for police and fire entry level positions and classified promotional classifications; and/or to provide consultation services in order to develop job analysis, entry level and promotional tests, scoring, minimum requirements for jobs, and background tests requirements for sworn and non-sworn positions, in accordance with the terms, conditions, and specifications contained in this Request for Proposals. THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: I Request For Approval To Issue A Request For Proposals (RFP) For Mobile Applications Developers For I I Municipal Parking, Transportation, Parks and Recreation, Special Events, And Other City Services I Key Intended Outcome Supported: I Improve processes through information technology Issue: I Should the Commission approve the issuance of a Request for Proposals? I Item SummarylRecommendation: I At the January 19, 201 1 meetinq, the Commission discussed that the Administration should pursue the implementation of a "parking application" available on the internet and/or smart phones for residents, tourists, andlor visitors who are looking for a parking space, to be able to identify municipal parking facilities, including available parking spaces. The City Manager subsequently agreed and advised that the Administration would draft a Request for Proposals (RFP) for said service. The Mayor and Commission referred the item to the Finance and Citywide Projects Committee for further discussion. This initiative was discussed and endorsed by the Transportation and Parking Committee at its meeting on March 7,201 1. The Parking and IT Departments have compiled a Scope and Specifications for the issuance of an RFP for the development of a "mobile application" for municipal parking and transportation. Development should include testing and any corrections that are needed from the Beta version of the application. Additionally, the application should include an easy to modify web based content management system to allow non- technical personnel to enter information. Training should also be included. Firms that provide mobile applications should propose a business model that is advantageous to both users and the City. In addition to Parking and Transportation, proposals should address system expansion for mobile applications for other City venues and services, including but not limited to Parks and Recreational facilities; Special Events, and other venues/services, such as the Sleepless Night Event to include the ability to find event information; allow users to develop their own itinerary with a map; link to event sponsors; schedule of performances; shuttle routes and stops; and a brief biography of each event and performer; and Parks and Recreation to include the ability to find facilities with amenities; hours of operation; tied to our map with route directions ability; program schedules by age and facility; facility rental information; links to our webpage, etc. Also, the City wishes to include the availability of "Push" WAP (Wireless Application Protocol) Text Messages as an optional feature to the mobile application. This should be submitted as an "add- alternate" to your proposal. I APPROVE ISSUANCE OF AN RFP. Advisory Board Recommendation: I NIA Financial Information: I this time f I City Clerk's Office ~egisutive Tracking: 1 Gus Lopez, ext 6641 J\ Source of Funds: m u OBPl T:MGENDAE011\5-11-1 I\Mobile Apps RFP Summary.doc Total ABSeWDA UTEM C2E DATE s=-//-/I Financial Impact Summary: As this is a request to issue an RFP, no funds are being expended at Account I 2 Amount City 0% Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, ww.rniarnibend7R.gov COMM1SS16N MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: May11,2011 SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR MOBILE APPLICATIONS DEVELOPERS FOR MUNICIPAL PARKING, TRANSPORTATION, PARKS AND RECREATION, SPECIAL EVENTS, AND OTHER CITY SERVICES ADMINISTRATION RECOMMENDATION Approve Issuance of the RFP. KEY INTENDED OUTCOMES SUPPORTED Improve process through information technology BACKGROUND The City of Miami Beach Parking Department ("Parking") is dedicated to providing state-of-the-art parking technology and services for its users. This is evident by the enhancements implemented over the last decade, such as: on-street and off-street pay stations with multiple payment options (coins, bills, credit cards); pay on foot stations at its municipal garages; iPark, an in-car parking device; and a number of online services. In the United States alone, many major cities have developed mobile applications for their transportation and parking systems, including New York, Seattle, Las Vegas, Orlando; and San Francisco, to name a few. In today's world of mobile technology, the next logical step in parking services is to develop a mobile application for all of the City's parking inventory, including garages, surface parking lots, and on-street parking areas. Additional parking information such as rates; payment options; hours of enforcement; prohibited parking areas; restricted residential parking zones; disabled parking, bike sharing stations, SBL (South Beach Local) bus stops; and many other facts and/or tips may be included in the application. The City's goal and objective is to disseminate and promote its transportation and parking services in an easy, convenient, and reliable format. A mobile application is the preferred method to provide this information to the maximum number of people in the most cost-efficient manner. At the January 19, 201 I meeting, the Commission discussed that the Administration should pursue the implementation of a "parking application" available on the internet and/or on smart phones for Mobile Apps RFP Memo Mayll, 2011 Page 2 of 5 residents, tourists, and/or visitors who are looking for a parking space, to be able to identify municipal parking facilities, including available parking spaces. The City Manager subsequently agreed and advised that the Administration would draft a Request for Proposals (RFP) for said service. The Mayor and Commission referred the item to the Finance and Citywide Projects Committee for further discussion. This initiative was discussed and endorsed by the Transportation and Parking Committee at its meeting on March 7, 201 1. TERM OF AGREEMENT The term of the Agreement with the selected Provider will be for a one (I) year term, with three (3) additional one-year renewal options, at the discretion of the City. SCOPE OF WORK The Parking Department and the Information Technology (IT) Department have compiled the following Scope and Specifications for the issuance of an RFP for the development of a "mobile application"f0r municipal parking and transportation. Development should include testing and any corrections that are needed from the Beta version of the application. Additionally, the application should include an easy to modify web based content management system to allow non-technical personnel to enter information. Training should also be included. Firms that provide mobile applications should propose a business model that is advantageous to both users and the City. The City will provide: (1) all pertinent information necessary regarding parking inventory and transportation services; (2) endorse the use of the mobile application; and (3) advertise and market the mobile application. Specifications: The application should provide Miami Beach public parking facilities information as well as routing (driving directions) from a default* location to a selected parking location using mapping capabilities. Mobile operating system platforms: Symbian * iPhone Android (Google) RIM (Blackberry) Windows phone Parking facilities by category: Garages Open parking lots On street e Residential areas Bike Sharing StationslBike Racks South Beach Local (Miami-Dade Transit) Routelstops System Interfaces Garage Gated Control System GISIGPS Locator Systems Mobile Apps RFP Memo Mayll, 2011 Page 3 of 5 Parking location information: Street address * Phone number Number of spaces Parking rates Operation hours Maximum parking time Additional parkingltransportation information andlor services. Real time information regarding parking availability - This shall require an interface with the existing gatedlrevenue control software. Sample XML output and a description of XML output nodes will be included Other City ServicesNenues: In addition to Parking and Transportation, proposals should address system expansion for mobile applications for other City venues and services, including but not limited to Parks and Recreational facilities; Special Events, and other venueslservices. The following are some examples: Sleepless Night Event - The application should include the ability to find event information; allow users to develop their own itinerary with a map; link to event sponsors; schedule of performances; shuttle routes and stops; and a brief biography of each event and performer. Parks and Recreation - The application should include the ability to find facilities with amenities; hours of operation; tied to our map with route directions ability; program schedules by age and facility; facility rental information; links to our webpage, etc. ADD ALTERNATE: "PUSH" (WAP) -TEXT MESSAGES The City wishes to include the availability of "PushJJ WAP (Wireless Application Protocol) Text Messages as an optional feature to the mobile application. This should be submitted as an "add- alternate" to your proposal. Push messages are specially formatted SMS text messages that display an alert (advertising) on a mobile device. It must provide the option of connecting directly to a website via the mobile device's WAP browser, rather than having to type in a web address (URL). WAP Push text messages are referred to by different names on certain types of mobile devices. The most common names for WAP Push messages are: Nokia "Service Message" Sharp - "WAP Alert" Samsung - "Push Message" Motorola - "Browser Message" Sony Ericsson - "[name of site1page]WAPH Sagem - "WAP Push" Panasonic - "WAP Message" Third party providers will send a WAP - Push text message to a mobile device in response to a request for a web page, such as a text message request. At the same time, it will send an SMS text message to the mobile device. The SMS message will contain the URL of the website you requested. Mobile Apps RFP Memo Mayll,2011 Page 4 of 5 "PUSH" (WAP) Technical Requirements All data related to "Push" WAP Text Messages must reside outside of the City's domain. The service providerlthird party should account for storing and maintaining all related data at an external site. "PUSH" (WAP) Advertisements The City acknowledges that limited commercial advertising material will be displayed on mobile devices through the sale by the Service Provider to third party providers. The advertisement component is described below and subject to all applicable laws and regulations. Any Advertisements displayed via WAP by the service providerlthird party providers shall comply with all Federal, State, Miami-Dade County, and City of Miami Beach laws, rules, regulations, ordinances, and codes, including, but not limited to, those pertaining to andlor related to billboards, outdoor advertisements, and signage, as applicable. In addition, the graphics, materials, content and appearance of any Advertisements to be transmitted must be allowable and, if allowed, shall comply with such other and future requirements as Federal, State, County, and City authorities mayfrom time to time impose, including, but not limited to, public safety and aesthetic requirements. Accordingly, any unauthorized Advertisements transmitted via WAP, or any Advertisements failing to comply with any applicable Federal, State, County, and City provisions shall and must be removed by the service providerlthird party provider, at its sole cost and expense, within forty-eight (48) hours from receipt of written notice from the City Manager or his designee. In the event such Advertisements are not removed within said time period, the City may, at its sole option and discretion, terminate the Agreement for cause, without further notice to the service providerlthird party provider, and without liability to the City. The service providerlthird party provider acknowledges that the City reserves the right to impose such additional requirements for the distribution andlor transmittal of the Advertisements, at any time, at its sole option and discretion; provided that the City Manager or his designee shall provide the service providerlthird party provider with written notice of such additional requirements and such requirements do not frustrate the purpose and intent of this Agreement. The permissible content of Advertisements shall not include firearms, alcohol or tobacco products, or be of a sexually offensive nature. MINIMUM REQUIREMENTS/QUALIFICATIONS: The successful Proposer must have a verifiable proven track record of providing comparable mobile applications to those outlined herein The successful Proposer must provide evidence of sufficient financial stability to provide the mobile applications to meet the City's needs. The successful Proposer must demonstrate a level of expertise, technical knowledge, innovation, and overall capacity to provide the services PUBLIC RECORDS LAW Florida has a very broad public records law. To the extent that the Public Records Act (Chapter 120 of Florida Statutes) applies to vendors andlor agents of the City, information contained in any mobile Mobile Apps RFP Memo May 11,2011 Page 5 of 5 application utilized by the City and its employees and elected officials, are public records available to the public and media upon request unless specifically exempted under the Public Records Act. EVALUATION FACTORS An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further information is desired, proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 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. The Evaluation Committee shall base its recommendations on the following factors: Evaluation CriterialFactors: Weiqht - Overall project approach, to include methodology and technical details 30% - Financial return to the City 25% - Proposer's experience and qualifications in providing mobile applications 15% - Maintenance and support 15% - Proposer's financial strength and Past Performance (Past performance based on references, information provided in the proposal submission, and performance evaluation surveys) 15% - Total 100% CONCLUSION The Administration recommends that the Mayor and City Commission authorize the issuance of a Request for Proposals (RFP) for qualified mobile applications developers for municipal parking, transportation, parks and recreation, special events and other City services in accordance with the terms, conditions, and specifications contained in herein. T:\AGENDA\2011\5-11-1 I\Mobile Apps RFP Memo.doc COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award Contracts to A & B Bulk Mailers, Inc., Prison Rehabilitative Industries and Diversified Enterprises, Inc. ("PRIDE"), Arrowmail Presort Co. Inc Jaguar Data Systems, Inc. and Globalperx, Inc. As Primary AndlOr Secondary As Per Group Award, Pursuant To IT9 No. 09-1011 1 For Bulk Mailing Services, In The Estimated Total Annual Amount Of $1 91,751.00. Key Intended Outcome Supported: Maximize efficient delivery of services Supporting Data (Surveys, Environmental Scan, etc.): 65% of residents and 55% of business rated overall value for tax dollars paid as excellent or good. Issue: I Shall the City Commission Approve The Award of Contract? Item SummarylRecommendation: The purpose of Invitation to Bid No. 09-1011 1 (the "Bid") is to award contracts to the lowest and the best bidders, for the provision of bulk mailing services, on an "as needed" basis for the term of the contracts. The contracts shall remain in effect for one (I) year from date of contract execution by the Mayor and City Clerk, and may be renewed by mutual agreement for two (2) additional years, on a year-to-year basis. The Bid was issued on December 21,201 0, with an opening date of February 3,201 1. A pre-bid meeting to provide information to the bidders submitting a response was held on January 13, 201 1. BidNet issued bid notices to 30 prospective bidders, BidSync (formerly known as RFP Depot) issued bid notices to 27 prospective bidders, and 9 additional bidders were notified by the Procurement Division via mail, e-mail, and fax transmission, which resulted in the receipt of five (5) bids: Arrowmail Presort Co. Inc., Jaguar Data Systems, Inc., A & B Bulk Mailers, Inc., Prison Rehabilitative lndustries and Diversified Enterprises, Inc. ("PRIDE"). Globalperx, Inc. The Administration recommends awarding primary and secondary contracts to the lowest and best bidders per group. THE ADMINISTRATION RECOMMENDS APPROVING THE AWARD OF CONTRACTS. Advisory Board Recommendation: 1 NlA Financial Information: Source of Funds: 1 OBPl $ 10,500 $ 5.000 I. I City Clerk's Office Legislative Tracking: I Gus Lopez, Director Ext # 6641 000349 Parking Department Account No.480-0461-000321 Finance Deoartment Account No. 01 1-0362-000321 Total 1 2 3 $191,751 Financial Impact Summary: NIA Amount $ 1,865 $ 8,500 $ 1.450 $ 600 $ 33,000 $ 10,000 $ 45,000 $ 19,836 $ 6,000 $ 50,000 Account Building Department Account No. 01 1-1 51 0-000321 Planning Department Account No. 01 1-520-000321 Planning Department Account No. 01 1-520-000324 Planning Department Account No. 01 1-520-000341 Planning Department Account No. 01 1-520-000501 Communications Department Account No. 01 1-0350-0324 Communications Department Account No. 01 1-0350-0321 Mayor & Commission Account No. 01 1-0100-000501 Parks and Recreation Department Account No. 01 1-0950- 000321 CIP Office Other Contractual Account No. 011-0820- City of Miami Bwch, 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: May 1 1, 201 1 SUBJECT: REQUEST FOR APPROVAL TO AWARD CONTRACTS TO THE FOLLOWING VENDORS: A&B BULK MAILERS, INC., ARROWMAIL PRESORT CO. INC., PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISE, INC (PRIDE ENTERPRISES, INC.), JAGUAR DATA SYSTEMS, INC. AND GLOBALPEX, INC. AS PRIMARY AND/OR SECONDARY AS PER GROUP AWARD PURSUANT TO INVITATION TO BID NO. 09-10/11, FOR BULK MAlLllNG SERVICES IN THE ESTIMATED ANNUAL AMOUNT OF $191,751.00 ADMINISTRATION RECOMMENDATION Approve the award of contracts. BID AMOUNT AND FUNDING Funding is available from the following Accounts: Building Department Account No. 01 1-1 51 0-000321 Planning Department Account No. 01 1-520-000321 Planning Department Account No. 01 1-520-000324 Planning Department Account No. 01 1-520-000341 Planning Department Account No. 01 1-520-000501 Communications Department Account No. 01 1-0350-0324 Communications Department Account No. 01 1-0350-0321 Mayor & Commission Account No. 01 1-01 00-000501 Parks and Recreation Department Account No. 01 1-0950-000321 CIP Office Other Contractual Account No. 01 1-0820-000349 Parking Department Account No.480-0461-000321 Finance Department Account No. 01 1-0362-000321 The estimated annual amount is based on current operational funding availability. These contracts will be available for several years and additional services may be included. KEY INTENDED OUTCOME SUPPORTED Maximize efficient delivery of services. ANALYSIS The purpose of Invitation to Bid No. 09-1011 1 (the "Bid") is to award contracts to the lowest and the best bidders, for the provision of bulk mailing services, on an "as needed" basis for the term of the contracts. Commission Memorandum - ITB-09-10/1 I Bulk Mailing Services May I I, 201 1 Page 2 of 10 The contracts shall remain in effect for one (1) year from date of contract execution by the Mayor and City Clerk, and may be renewed by mutual agreement for two (2) additional years, on a year to year basis. BID PROCESS The Bid was issued on December 21, 2010, with an opening date of February 3, 2011. A pre-bid meeting to provide information to the bidders submitting a response was held on January 13,201 1. BidNet issued bid notices to 30 prospective bidders, BidSync (formerly known as RFP Depot) issued bid notices to 27 prospective bidders, and 9 additional bidders were notified by the Procurement Division via mail, e-mail, and fax transmission, which resulted in the receipt of following five (5) bids: 1. Arrowmail Presort Co. Inc 2. Jaguar Data Systems, Inc 3. A & B Bulk Mailers, Inc 4. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) 5. Globalperx, Inc The responsiveness test performed by the Procurement Division resulted in all bids received being deemed responsive. As part of the responsiveness' due diligence performed by the Procurement Division, the City's Attorneys Office was requested to express a legal opinion as to whether the City's Living Wage Ordinance applied to inmates that will be providing bulk mailing services to the City as part of the inmate training program operated by PRIDE based on the following facts: 1. On March 2, 201 1, PRIDE was contacted via email with the following request: "This Bid is subject to the City's Living Wage Ordinance which requires that the awarded contractor provide a minimum hourly wage (noted on the Certification) to all employees working on the City contract. Please review the required wages, fill out, and return the attached Living Wage Certification." 2. PRIDE'S response to the above request is that City's Living Wage requirements do not apply to PRIDE since prisoners are not employees. PRIDE provided as a basis for their argument the United States Court of Appeals, I lth Circuit Court decision, relative to GAMBETTA V. PRIDE, Case No. 96-4253. After the review of the aforementioned court case, the City Attorney's Office opined that the City's Living Wage Ordinance doesnot apply to PRIDE. On March 23, 201 1, the Technical Review Panel (the "Panel") consisting of the following individuals convened. After the review of the responsive bids, the each Panel member made the final recommendation on behalf of their respective departments: Aida Rodriguez, Financial Analyst I, CIP Office Jackie Gonzalez, Public Information Specialist, Parks and Recreation Department John Antona, Chief Elevator Inspector, Building Department Luis Wong, Office Manager, Mayor's Office Manny Marquez, Revenue Manager, Finance Department Mohsen Jarahpour, Chief Engineering Inspector, Building Department Commission Memorandum - ITB-09-IO/l I Bulk Mailing Services May 11, 2011 Page 3 of 10 Nannette Rodriguez, Public Information Officer, Communications Department Rocio Alba, Financial Analysts Ill, Parking Department Elizabeth Posada, Office Associate IV, Parking Department Steve Green, Office Manager, Planning Department The ITB process requested bidders to submit unit pricing for the itemsltasks most frequently utilized in order to secure fixed prices for any options that the various user departments may need throughout the life of the contract such us; the possibility of inserting additional pieces of mail, selection of postage between pre-sorted Standard or 1'' Class, and the option of printing simplex (one side) or duplex (two sides). The lowest bidders per group considering all the available options are being recommended for award as follows: GROUP A: Communications Department Underiined?oncel GROUP B: Parks and Recreation Department Lowest Bidder Per Group Second Lowest Bidder Per Group ANNUAL COST GROUP C: CIP Office Commission Memorandum - ITB-09-10/11 Bulk Mailing Sewices May 11,201 1 Page 4 of 10 ge mailing: 1500 (varies) GROUP D: Parkinn Department Commission Memorandum - ITB-09-IO/l I Bulk Mailing Services May 1 I, 201 7 Page 5 of 10 GROUP E: Building 1 Code Compliance Departments E. 1 : Elevator Billing Print Elevator bill on perforated paper. Stuff in #I0 envelope with window; Include #9 return I envelope with window. Mailed to all facilities in Miami Beach with licensed elevators I I Annually Estimated Quantity: 1000 bills issued in three batches (August, September and I ~ctober) ddresses will be provided) ANNUAL COST GROUP E.I E.3: CRS Outreach (Governmental Compliance Flood Management) TO BUSINESS OWNERS Sent to Miami Beach business owners. Print standard 8 % by 11 letter (I page). Stuff in standard #I0 envelope. Print address on envelope (addresses will be provided) GLOBALPEX , INC ARROWMAIL PRESORT CO, -. Annually Estimated huantity: 175 notices 1 ARROWMAIL 1 JAGUAR DATA 1 A&B BULK I PRIDE I GLOBALPEX INC. $968 I I PRESORT CO, I SYSTEMS, INC I MAILERS, INC I ENTERPRISES, I , INC I JAGUAR DATA SYSTEMS, INC NO BID GROUP F: Finance Department A&B BULK MAILERS, INC ANNUAL COST GROUP E.3 PRIDE ENTERPRISES, $1,951.50 INC. $230.78 F.l: Utility Billing Print Utility bill on Standard Register stock paper number 8140C04. The paper is 8 112" by 14" and is used to mail out the bill and as a return envelope for the customer. Duplex. Refer to Appendix "B" .Billed in 47 different routes, i.e. files, throughout the entire month; Mailed to Utility Billing Recipients. 10,050 Utility Bills (monthly). Annually Estimated Quantity: 120,600 INC m!i $955 NO BID GLOBALPEX , INC NO BID ANNUAL COST GROUP F.I NO AWARD $1Ls ARROWMAIL PRESORT CO, INC. $1 24.026.80 INC $365.73 JAGUAR DATA SYSTEMS, INC NO BID $233.62 A&B BULK MAILERS, INC NO BID PRIDE ENTERPRISES, INC NO BID Commission Memorandum - ITB-09-10/11 Bulk Mailing Services May 1 I, 201 1 Page 6 of 10 F.3: Business Tax Renewal Notices Print Business Tax Renewal Notices (provided in electronic format - PDF) Stuff in #I0 envelope with window. Include #9 return envelope with window Annually Estimated Quantity: 8,000 Business Tax Renewal (BTR) Notices No award has been made for F.3. The Finance Department has elected option F.3.B F.2: Utility Bill Late Notice Print Utility Bill Late Notices (provided in electronic format - PDF) Stuff in #I0 envelope with window. Include #9 return envelope with window. 1,000 Utility Bill Late Notices (monthly) Annually Estimated Quantity: 12,000 Utility Bill Late Notices F.4: Business Tax Reminder Notices Print Business Tax Reminder Notices (provided in electronic format - PDF) Stuff in #I0 envelope with window. Include #9 return envelope with window Annually Estimated Quantity: 8,000 Business Tax Reminder Notices No award has been made for F.4. The Finance Department has elected option F.4.B ANNUAL COST GROUP F.4.B GLOBALPEX , INC $1 1,460 NO AWARD PRIDE ENTERPRISES, INC $8.772 f*) ANNUAL COST GROUP F.2 ARROWMAIL PRESORT CO, INC. $1 1,126.80 JAGUAR DATA SYSTEMS, INC NO BID A&B BULK MAILERS, INC $1 2,866 Commission Memorandum - ITB-09-10/11 Bulk Mailing Services May I I, 201 I Page7of 10 GROUP G: Mayor's Office Letters to Residents Print Letters (provided in electronic format - PDF) Stuff in #I0 envelope with window. Annually ~stimated Quantity: 20,000 - 25,000 letters 1 ARROWMAIL 1 JAGUAR DATA 1 A&B BULK I PRIDE 1 GLOBALPEX, I I PRESORT CO. I SYSTEMS. INC I MAILERS. INC I ENTERPRISES, I INC I GROUP H: Central Services- Citywide ANNUAL COST GROUP I: Planninn Department 1.2: Public Hearings Notifications Sent to Miami Beach residents. Print standard 8 % by 11 letter. Stuff in standard #I0 envelope Commission Memorandum - ITB-09- 10/1 I Bulk Mailing Services May I I, 201 1 Page 8 of 10 SUMMARY OF AWARDS PER COMPANY I GROUP C.l -SECONDARY I I GROUP C.l -PRIMARY I I I ARROWMAIL PRESORT CO, INC. GROUP A - SECONDARY I I GROUP C.2 -SECONDARY I 1 I GROUP C.2- PRIMARY I I GROUP A - PRIMARY I GROUP C.3 - SECONDARY I I I GROUP C.3 - PRIMARY I I I GROUP B - SECONDARY I GROUP B - PRIMARY I GROUP D.l- SECONDARY I I I GROUP D.l -PRIMARY 1 I JAGUAR DATA SYSTEMS, INC I I I GROUP D.2 - PRMARY I GROUP D.2 - SECONDAY I I PRIDE ENTERPRISES, INC A&B BULK MAILERS, INC I I I I GROUP E.l- PRIMARY I GROUP E.l- SECONDARY I GLOBALPEX, INC I GROUP E.2 - SECONDARY I I GROUP E.2 - PRIMARY I I I I GROUP E.3 - SECONDARY I I GROUP E.3 - PRIMARY I I I I GROUP F.3 - SECONDARY I I F.3.B - PRIMARY I I I / F.4.B. -SECONDARY 1 I F.4.B - PRIMARY I I I I I I I GROUP G - PRIMARY I GROUP G - SECONDARY I COMPANY PROFILES GROUP H -SECONDARY GROUP 1.1 -SECONDARY A&B BULK MAILERS, INC A & B Bulk has been in business for 30 years. It is located at 4412 NW 74th Avenue, Miami, Florida. A & B Bulk Mailers, Inc's facility consist of six thousand square feet which are broken down between two offices, mailroom preparation area, material storage and employee lunch area. GROUP H - PRIMARY GROUP 1.1 -PRIMARY GROUP 1.2 - SECONDARY A & B Bulk Mailers Inc currently provide bulk mailing services to the City of Miami Beach's Parks and Recreation, CIP, Parking, and Building Departments. A & B Bulk Mailers, Inc also provides services to Curtis Publishing Company, Alpha-I Foundation, Fairchild Tropical Gardens, City of Hialeah, Big Red Q, Dade Christian School, Insignia Parts Distributors Sunshine Jewelry, and Alta Graphics. GROUP 1.2 - PRIMARY All clients have consistently rate the performance of A & B Bulk Mailers' Inc as a "1 0 when requested to provide feedback on their ability to provide mailing services on a timely basis, customer services and professionalism, work under emergency conditions, provide proper documentation and invoice, and overall satisfaction to hire this vendor again. In addition, several City of Miami Beach departments have worked for the past years with A & B Bulk Mailer's Inc. They have provided positive and satisfactory feedback in regards to A & B Bulk Mailers' overall performance. They have further comment that "A&B Bulk Mailers Inc's staff has not only provided excellent customer service and professionalism throughout the years, but their mail service expertise has been very valuable. In addition, they proactively provide us the latest postal rate information and actions made by the postal authorities that may affect our mailing services". Commission Memorandum - ITB-09-10/11 Bulk Mailing Services May 11,201 1 Page 9 of 10 In case of a natural disaster or warning, A & B Bulk Mailers, Inc. has implemented a series of emergency guideline such as the testing of all generators prior to storm; all vehicles fuel containers must be filled; all the breakers must be in the off position prior to storm; all servers are to be backed up into a portable back-up; all printed material should be stretch wrapped and covered with vinyl and placed on single pallets for wall racks or on double pallets; the clients are provided with the owner and office manager's cell phones. PRISON REHABILITATION INDUSTRIES AND DIVERSIFIED ENTERPRISE, INC ("PRIDE ENTERPRISES, INC") Chapter 946 of the Florida Status mandate that a private, non-profit corporation be established, independent of the state, to operate the correctional work program for the state Department of Correction (DOC). Since 1981, the program has been operated by Prison Rehabilitation Industries and Diversified Enterprises, Inc ("PRIDE"). Using prisoner labor, PRlDE manufactures and produces a wide range of products which it sells both internationally and to government entities in U.S.A. In order to prepare inmates for release, PRlDE simulates a real-world business environment: inmate complete employment applications and are interviewed, receive on- the-job-training and performance evaluations, and can file grievances and be terminated for cause. PRlDE currently pays inmate workers 45 to 50 cents per hour, some of which goes to repay the cost of incarceration, some to victim restitution, and some into inmate's account. PRlDE maintains its own purchasing and accounting system and controls all manufacturing and shipping functions. The lease of facilities to PRlDE at each correctional work program are required by statute to be negotiated by Florida Department of Management Service and approved by the Attorney General and Governor. PRlDE will be providing services to the City of Miami Beach from their facility located at Bushnell, Florida. They will be utilizing their own permit and there will be no additional cost to the City by utilizing the entry point of Bushnell to the Postal Service. PRlDE currently provides services for City of Lakeland, Town of Jupiter, Florida Department of Environmental Protection, Florida FDOT - Sunpass, City of Tamarac, City of Titusville, City of Port Orange. ARROWMAIL PRESORT CO, INC. Arrowmail Presort Co. Inc has been in business for 20 years in the mailing business. It was established in 1991 to serve the Florida Pre-sort market. Arrowmail Presort Co, Inc.'s facility is located just on mile east of the Florida Turnpike and two miles from the USPS General Mail Facility and USPS International Mail Processing Plant. Arrowmail Presort Co, Inc has been classified by the USPS as a BMU (Business Mobile Unit) and has a full time USPS Postal Clerk on site to clear all mail. In addition, they are tied into two of the Postal Service's most important logistic systems: Postal One for the routing of both Surface Mail and Air Mail and Fast Forward for all move update requirements. Arrowmail Presort Co, Inc. holds a 70% market share of the total outsourced presort mail in South Florida and services approximately 65% of all of the major corporate mailrooms in the region. Client retention over 15 years approaches 95%. Arrowmail Presort Co, Inc provide Commission Memorandum - ITB-09-70/11 Bulk Mailing Services May 17,2077 Page 10of 10 mail services to Miami-Dade Property Appraisal, Miami-Dade GSA, Social Service Coordinators, Inc, United Automobile Insurance, Nova Southeastern University. Arrowmail Presort Co, Inc.'s 55,000 square foot building is equipped with an onsite Caterpillar Generator Model 650ROZD that backs up 100% of the facility. It also has Redundant TI lines for data and voice systems that would allow them to transfer and receive data at any time. During times of potential storm danger, they notify the customer and will arrange for special pick up and handling of mail. In the event of structural damage to their facility, they have partnered with TC Specialist in Orlando to transport the mail via Arrowmail's trucks and handle the mail from there. BENEFITS RESULTING FROM THE CONTRACTS BULK MAILING SERVICES The contracts will establish the appropriate purchase authority for the provision of bulk mailing services. The contracts requested fixed prices for various features andlor tasks which will provide user departments with the flexibility to ensure they can fulfill their mailing service requirements every time in a timely manner at the lowest cost. For some user departments the outcome of these contracts may result in potential savings. For other user departments the outsourcing of these services will allow them to allocate their human resources in a more effective and efficient manner, therefore eliminating routine mailing tasks from their staff's daily responsibilities. CITY MANAGER'S REVIEW After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission to award the contracts to A & B Bulk Mailers, Inc., Arrowmail Presort Co. Inc., Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE Enterprises, Inc), Jaguar Data Systems, Inc. and Globalperx, Inc. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission accept the City Manager's recommendation to award contracts to A & B Bulk Mailers, Inc., Arrowmail Presort Co. Inc., Prison Rehabilitative lndustries and Diversified Enterprises, Inc. (PRIDE Enterprises, Inc), Jaguar Data Systems, Inc. and Globalperx, Inc. as primary andlor secondary as per group award, pursuant to ITB No. 09-1011 1 for Bulk Mailing Services, in the estimated total annual amount of $1 91,751.00. T \AGENDA\2011\5-I 1-1 l\lTB-09-10-11 Bulk Mall~ng - Memo doc THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Reject All Qualifications Received Pursuant To Request For Qualifications (RFQ) No. 54-0911 0, For The Provision Of Governmental Consulting Services At Mimi-Dade County, Florida; And Further Directing The Administration To Revise and Reissue The Request For Qualifications Key Intended Outcome Supported: [ Supports Multiple KlOs Supporting Data (Surveys, Environmental Scan, etc.): Supporting Data (Surveys, Environmental Scan, etc.): Included in the top five changes that would make Miami Beach a better place to live, work, play or visit, are Safety, Traffic, and Beach Erosion, each ofwhich can be significantly impacted by legislative and funding actions by Miami-Dade County. Issue: I Shall the Clty Commission reject all qualifications received pursuant to the RFQ? I Item SummarylRecommendation: Due to the significant potential positive or negative impacts on Miami Beach of issues under the authoriiof the County, and given the size and complexity of the Miami-Dade County government, the FY2010l11 budget proposal included funding for the hiring of a County lobbyist. On September 24, 2010, the Procurement Division issued the RFQ to all registered Miami-Dade County, and City of Miami Beach Lobbyists. More than 685 notices were mailed, which resulted in the receipt of qualifications from the following firmslindividuals: 1) Gabrielle Redfern; 2) Olmedillo X5; 3) Rosario Kennedy& Associates, Corp. in association with Washington Square Partners, Inc., and The Law Offices of N. Patrick Range II, PA. After careful consideration of the Committee's recommendations, the Crty Manager exercised his due diligence and recommends that the Mayor and Crty Commission reject all proposals received. This recommendation is based on several factors, including the split votes from the Evaluation Committee regarding rejection of bids and the ranking of respondents; the changes to County Government since the RFQ was issued; and comments received about the Scope of Services included in the RFQ. As this support remains necessary, especially in light of the changing County government climate, the Administration recommends that the Mayor and Crty Commission reject all qualifications received pursuant to the RFQ, and further recommends that the Mayor and Clty Commission direct the Administration to revise and reissue the RFQ. REJECT ALL QUALIFICATIONS RECEIVED. Advisory Board Recommendation: MIAMIBEACH 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 thepty Commission FROM: Jorge M. Gonzalez, City Manager DATE: May 11, 201 1 SUBJECT: REQUEST FOR APPROVAL TO REJECT ALL QUALIFICATIONS RECEIVED PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 54-09/10, FOR THE PROVISION OF GOVERNMENTAL CONSULTING SERVICES AT MIAMI-DADE COUNTY, FLORIDA; AND FURTHER DIRECTING THE ADMINISTRATION TO REVISE AND REISSUE THE REQUEST FOR QUALIFICATIONS. ADMINISTRATION RECOMMENDATION Reject all qualifications received pursuant to the RFQ and revise and reissue the RFQ. ANALYSIS Each year, the Administration develops, and the Mayor and City Commission approve, legislative priorities for issues at the State and Federal levels. Additionally, the City contracts with lobbying firms to provide State and Federal lobbying and governmental consulting services to the City. While there are many issues of importance to the City at the State and Federal levels, there are many important funding, local authority, and legislative issues decided by Miami-Dade County that have significant impacts on the City of Miami Beach. Due to the significant potential positive or negative impacts on Miami Beach of issues under the authority of the County, and given the size and complexity of the Miami-Dade County government, the FY2010/11 budget included funding for the hiring of a County lobbyist, in addition to the existing State and Federal contract lobbyists currently employed by the City. Some of the significant county issues (some of which have been resolved) that have had potential or actual impact on the City include: Beach Renourishment; Consolidation of the municipal fire departments into the Miami-Dade Fire Department; Operation of the South Beach Local; Proposed amendments to the municipal share of the half-cent transit surtax; General Obligation Bond Projects; a Miami Beach Convention Center; Convention Development Tax Receipts; a Urban Area Security Initiative (UASI) funding; a Water and Sewer Rates and Water and Sewer Connection Fees; Community Redevelopment Agencies (CRAs) The Mayor and City Commission, at its September 20, 2010 meeting, authorized the issuance of the RFQ with the following qualifications that the selected Lobbyist must possess: a strong working knowledge of the legislative, administrative, and regulatory processes of Miami- Dade County; Commission Memorandum Rejection of Qualifications Received Pursuant to RFQ for County Lobbying Services May 11, 2011 Page 2 of 4 * a clear understanding of the City of Miami Beach and its needs; a clear understanding of the many local issues facing municipalities; a history of successful lobbying experience at the county level; and a clear strategy for representing the City before the legislative and executive branches of Miami- Dade County. On September 24, 2010, the Procurement Division issued the RFQ to all registered Miami-Dade County, and City of Miami Beach Lobbyists. More than 685 notices were mailed, which resulted in the receipt of qualifications from the following firms/individuals: Gabrielle Redfern Olmedillo X5, Inc. Rosario Kennedy & Associates, Corp. in association with Washington Square Partners, Inc., and The Law Offices of N. Patrick Range II, PA. In light of the number of responses given the outreach undertaken, the Procurement Division requested feedback from individuals and firms that obtained a copy of the RFQ and did not respond to determine why they elected not to submit a proposal. The following primary reasons were provided: the budgeted dollar amount of $70,000 for the extensive scope of services delineated in the RFQ was not sufficient; prohibited lobbying activities (any person or entity retained as a lobbyists by the City is prohibited from lobbying any city officer...); and, client disclosure rules (the RFQ required a detailed description of comparable contracts to include information of the client, scope of work, and total dollar value of the contract). EVALUATION PROCESS On February 3, 201 1, the City Manager via Letter to Commission (LTC) No. 032-201 1, appointed the following individuals to serve as Evaluation Committee (the "Committee") members: Judy Hoanshelt, Grants Manager Maria Mayer, Leadership Academy Graduate James Sutter, Internal Auditor Jeremy White, Leadership Academy Graduate Mark Wohl, Leadership Academy Graduate COMMITTEE RECOMMENDATIONS On March 3, 2011, the Committee convened and listened to presentations from all proposers; conducted question and answer sessions; and deliberated. The Committee scored and ranked the Proposers as follows: FINAL RANKING Mark Wohl 3(82) 2(85) l(94) Low Aggregate 2(9) 2(9) 3(12) James Sutter 2(83) l(89) 3(71) Maria Mayer l(85) 2(82) 3(45) Proposer Olmedillo X5, Inc. Rosario Kennedy & Associates, Corp Gabrielle Redfern Jeremy White l(100) 3(40) 2(65) Judy Hoanshelt 2(76) l(88) 3(66) Commission Memorandum Rejection of Qualifications Received Pursuant to RFQ for County Lobbying Services May 11, 2011 Page 3 of 4 The following motions were made by the Committee: Motion No. 1: Maria Mayer moved to reject all proposals and revise the RFQ with more flexibility to increase the number of proposals; seconded by Mark Wohl; Voice vote: 2-3; Opposed: Judy Hoanshelt, James Sutter, and Jeremy White. Motion fails. Motion No. 2: Jeremy White moved to rank Olmedillo X5 as the top-ranked firm; no second received. Motion No. 3: Maria Mayer moved to rank Rosario Kennedy & Associates as the top-ranked firm; seconded by James Sutter; Voice vote: 3-2; Opposed: Jeremy White and Mark Wohl. Motion No. 4: Maria Mayer moved to rank Olmedillo X5 as the second-ranked firm; seconded by James Sutter; Voice vote: 4-1; Opposed: Mark Wohl. Motion No. 5: Motion by Mark Wohl that whether the City selects Rosario Kennedy & Associates, or Olmedillo X5, that Gabrielle Redfern be considered to be part of the team of the selected Lobbyist. CITY MANAGER'S DUE DlLLlGENCE After careful consideration of the Committee's recommendations, the City Manager exercised his due diligence and recommends that the Mayor and City Commission reject all proposals received. This recommendation is based on several factors, including: 1. Evaluation Committee actions, such as the 2-3 split vote by the Committee to recommend rejection of all proposals; the 2-2-1 first place final ranking for the three firms; and the fact that the recommended firm was only recommended with a vote change in order to make a recommendation after rejection was no longer an option; 2. There have been significant changes that have occurred at Miami-Dade County after the recall election, and subsequent placement on the ballot of six (6) new charter questions; and 3. The fact that two (2) new County Commissioners were elected in November, there will be a new County Mayor and new District 7 and 13 County Commissioners in the next few weeks, and there is currently a new County Manager. NEXT STEPS The Administration recommends that, rather than engage a lobbyist to continuously monitor all activity at the County, that the Request for Qualifications be revised and re-issued to identify a lobbying firm that the City will contract with on a retainer basis, to serve in an "on-call" capacity to advocate for the City's interests as necessary when issues that impact the City arise. The following selection of a firm in response to the new RFQ, the Administration will negotiate a base retainer fee as well as the additional fees for service with the selected firm. Following are the proposed terms of the new RFQ: Qualifications The selected Proposer should possess at a minimum: a strong working knowledge of the legislative, administrative, and regulatory processes of Miami-Dade County; a clear understanding of the City of Miami Beach and its needs; a clear understanding of the many local issues facing municipalities; a history of successful lobbying experience at the county level; and Commission Memorandum Rejection of Qualifications Received Pursuant to RFQ for County Lobbying Services May 11,2011 Page 4 of 4 Term - The City intends to award a contract for a two (2) year period with two (2), one-year options to renew at the City's sole discretion. Services The selected proposer shall provide governmental representation and consulting services on an as- needed basis to be requested by the City, for various subjects and issues affecting the City of Miami Beach, its residents andfor businesses. CONCLUSION As this support remains necessary, especially in light of the changing County government climate, the Administration recommends that the Mayor and City Commission reject all qualifications received pursuant to the RFQ, and further recommends that the Mayor and City Commission direct the Administration to revise and reissue the RFQ. J MGIH FIG UKC THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miarnibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manage DATE: May 11, 201 1 SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO DISCUSS A PROPOSED MODIFICATION OF THE PROMISSORY NOTE DATED FEBRUARY 5, 2007, FROM MBCDC MERIDIAN PLACE LLC, A FLORIDA LIMITED LIABILITY CORPORATION, TO THE MIAMI BEACH REDEVELOPMENT AGENCY, AND TO DISCUSS A SUBORDINATION OF THE CITY'S MORTGAGES IN FAVOR OF A MORTGAGE BEING MADE TO MBCDC BY BANK UNITED. ADMINISTRATION RECOMMENDATION Refer the matter to the Finance and Citywide Projects Committee for discussion. ANALYSIS On October 11, 2006, the Miami Beach Redevelopment Agency (RDA) approved an appropriation of South Pointe Redevelopment Area funds in the amount of $1,500,000 to be utilized by the City of Miami Beach to enter into a loan and/or other funding agreement with Miami Beach Community Development Corporation (MBCDC), for the purpose of MBCDC's acquisition and rehabilitation of the building located at 530 Meridian Avenue (the Project) to provide 34 units of affordable housing for elderly, formerly homeless persons. On February 5, 2007, a Mortgage and Security Agreement and a corresponding Promissory Note were executed by MBCDC MERIDIAN PLACE, LLC, a Florida limited liability corporation, committing to a repayment schedule in the amount of $150,000, commencing December 31, 2011, and continuing each December 31 thereafter annually. MBCDC obtained additional funding from HUD and Miami-Dade County to cover some of the increased construction costs, but must also obtain commercial bank financing in the amount of approximately $650,000 to cover the remaining budget gap. In order to qualify for the commercial bank financing, MBCDC is seeking to modify the repayment terms of the February 5, 2007, Promissory Note and is also, as is customary with bank financing, requesting that the City subordinate its secured debt position to the commercial lending institution. The Administration recommends that the Mayor and the City Commission refer the matter to the Citywide Projects Committee for discussion. T:MGENDAPOI 1\51 1-1 l\Referral to FCWPC Modification of Promissory Note.doc Agenda Item CYA Date Y-//-/I I THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Jonah Wolfson, Commissioner DATE: April 29th, 201 1 SUBJECT: Agenda Item Please place on the May 1 lth, 201 1 Commission meeting agenda a referral of the attached proposal to the Land Use and Development Committee for discussion. If you have any questions, please contact Leonor Hernandez at extension 6437. JW/lh I We are cornn~ilbd :o providrr~g e\ceiien: pubirc sent~ce and sobty to all who !we work and piny 1i1 our 1 Agendaltem CC//3 Date $?)-I/ 65 April 28,201 1 MEMO FOR: Commissioner Jonah Wolfson FROM: Frank Del Vecchio, 301 Ocean Drive, Apt. 604, Miami Beach, FL 33139 SUBJ: Requested City Commission Consent Agenda Item: Ocean Beach Historic District R-PS4 Zoning Amendment ACTION REQUESTED: This is a request for placement of the attached item on the City Commission's May 1 1,201 1 Consent Agenda for referral to the city commission's Land Use & Development Committee and the Planning Board. I have drafted a zoning amendment to enable the development of oceanfront residential condominiums in the residential R-PS4 section of the Ocean Beach Historic District. The unusually deep lots in this section of the historic district pose insurmountable problems for residential condominium development. If the area is to retain its primarily residential character this zoning change is essential. This request is the product of three months' analysis of the feasibility of residential condominium development on a deep oceanfront lot at 3 15-321 Ocean Drive. The site is in a section of the historic district that is zoned residential, and permits hotels but not commercial. The property was purchased in December, 201 0 by Tim Gordon, David Arditi and Josh Benaim. Friends since grade school, these three young men, each active in family real estate development that includes award-winning historic preservation in Manhattan and Paris, have been searching for a distinctive project on which to collaborate as a team. Since closing on the site, they have received and rejected offers from hotel developers at a premium to their investment. Their vision is a luxury condominium of distinctive architectural merit that will function as an integral element of the historic residential community. They intend to be directly and jointly responsible from design through construction and full occupancy. This vision is supported by neighbors, who have observed how the activities at large hotels can adversely impact abutting residential. A hotel development on the site would place activities on balconies and outdoor accessory use restaurants only feet from the adjacent condominiums. Traffic and taxi queuing would significantly impact this residential section of the Ocean Beach Historic District. (Contrast the intensity of use generated by a 130-unit hotel on the site, with its restaurant and patron activity, to that of a 40-unit luxury condominium.) The challenge posed by a uniquely deep, narrow lot abutted closely by residential condos along its entire length is how to make a condominium feasible. Whereas a hotel can be squeezed in between its neighbors, providing outdoor activities for its patrons, units in a luxury condominium require view amenities not essential for hotel guests. After exploring various architectural avenues, the team found one that will meet historic district objectives and minimally impact its neighbors: by increasing height from the current 75-foot maximum to one hundred feet (the height of the major oceanfront condominiums in the historic district), units can be designed with either ocean views, or with vistas up and down Ocean Drive at the western elevation. The increased height would enable greater distance separation from the condos on each side. (Side setback of the pedestal structure above parking could be doubled, from the current 7.5 feet separation, to 15 feet.) A zoning amendment applicable solely to new condominium development in the residentially zoned oceanfront section of the Ocean Beach Historic District would make this possible. Design and architectural details of condominiums development pursuant to the requested amendment would be the province of the Historic Preservation Board. ATTACHED: Draft of Proposed Zoning Amendment ZONING AMENDMENT [Language added is underlined; deletions are struck through.] Sec. 142-696. - Residential performance standard area requirements. The residential performance standard area requirements are as follows: t for the first 60 feet of lot depth, feet thereafter, subject to the line- * Notwithstanding the foregoing provisions regarding maximum building height, in the Ocean Beach historic district, as defined in subsection 1 18-593(e)(1 I), the maximum building height for a lot located in the R-PS 1, R-PS2, or R-PS3 zoning districts (i) With a lot exceeding 50 feet, and (ii) Upon which there exists a contributing structure which has not received a certificate of appropriateness for demolition (or any such approval has expired), shall be 3 5 feet. 1. Notwithstanding the above height restrictions, existing structures within a local historic district are subject to section 142-1 161. 2. In the R-PS4 zoning district, within the Ocean Beach Historic District, when an existing contributing structure is nonconforming with respect to the height regulations in section 142-696, such structure may be repaired, renovated or rehabilitated regardless of the cost of such repair, renovation or rehabilitation, notwithstanding the provisions of chapter 1 18, article IX, "Nonconformances." 3. Lots at a width of 50 feet or less aggregated with adjacent parcels after November 3,2002, shall have a maximum height of 35 feet and shall not be allowed the increased height for parcels wider than 50 feet. 4. Notwithstanding the above height restrictions, in the R-PS4 zoning - district, within the Ocean Beach Historic District, the maximum height of an oceanfront residential condominium building on a lot 100 feet or more wide shall be 100 feet, 11 stories. (Ord. No. 89-2665, $ 20-4(B), eff. 10-1-89; Ord. No. 94-2908, eff. 2-26-94; Ord. No. 97-3097, $ 3, 10-8-97; Ord. No. 98- 3 107, $ 7, 1-21-98; Ord. No. 98-3 150, $ 2, 1 1-4-98; Ord. No. 99-3 169, $ 1,2-3-99; Ord. No. 2002-3386, $ 1, 1 1-13-02; Ord. No. 2005-3483, $ 8, 5-18-05; Ord. No. 2006-3522, $ 1,7-12-06) Sec. 142-697. - Setback requirements in the R-PSI, 2,3,4 districts. (a) The setback requirements in the R-PSI, 2,3,4 districts are as follows: anfront lots - 50 feet from bulkhead for a residential condominium building on an oceanfront lot more wide. 5 feet (b) All required setbacks shall be considered as minimum requirements except for the pedestal front yard setback and pedestal side yard facing a street setback which shall be considered as both a minimum and maximum requirements. except for a residential condominium building - on an oceanfront lot 100 feet or more wide. the front yard vedestal and tower setback shall be considered as a minimum. (c) For lots greater than 100 feet in width the front setback shall be extended to include at least one open court with a minimum area of three square feet for every linear foot of lot frontage. (d) In the R-PS4 zoning district, within the Ocean Beach Historic District, the tower portion of ground-floor additions to contributing buildings- shall meet a line-of-sight, which for the purpose of this section is defined as not visible when viewed at eye-level (5'6" from grade) from the opposite side of the adjacent right-of-way. (e) In the R-PS4 zoning district within the Ocean Beach Historic District, when an existing contributing structure has a minimum 5-foot sideyard setback, the setback of new construction in connection with the existing building may be allowed to follow the existing building line. The maintenance of the existing setback shall apply to the linear extension of the existing building. (Ord. No. 89-2665, 5 20-4(C), eff. 10-1-89; Ord. No. 90-2722, eff. 11-21-90; Ord. No. 94-2908, eff. 2-26-94; Ord. No. 2002-3386, 5 2, 11-13-02; Ord. No. 2006-3522, 5 2,7-12-06) MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager Robert Parcher, City Clerk FROM: Jorge R. Exposito, Commissioner DATE: May 2,2011 SUBJECT: Referral to Neighborhood/Community Affairs Committee I would like to refer a discussion item to the Neighborhood/Community Affairs Committee regarding the interim traffic calming plan for La Gorce and Pinetree Drives. We trust that you will find all in good order. Should you have any questions, please feel free to get in touch with my aide, Barbie Paredes at extension 6457. Best regards, We are corn~nitfed to providing excellent public service and safety to 011 who live, work, ond ploy in our I Agenda Item CI/C I Date =/-I/ 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: Mayor Matti Herrera Bower and Members of the City Commission I FROM: Jorge M. Gonzalez, City Manager DATE: May 1 1, 201 1 COMMllTEE MEETING SUBJECT: REPORT OF THE APRIL 21, 2011 LAND USE AND DEVELOPMENT A meeting of the Land Use and Development Committee was held on April 21, 201 1. Members in attendance were Commissioners Wolfson, Exposito and Gongora; Mayor Bower was 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 4:10 pm. OLD BUSINESS: 1. PROPOSED ALTON ROAD HISTORIC DISTRICT BUFFER OVERLAY. AFTER-ACTION: DEFERRED 2. PROPOSED PARKING DISTRICT #5 FOR THE ALTON ROAD CORRIDOR. AFTER-ACTION: DEFERRED I 3. TEMPORARY REMOVAL OF PARKING SPACES. AFTER-ACTION: DEFERRED 4, a) DISCUSSION REGARDING THE NOTICE REQUIREMENTS FOR ALL LAND USE BOARDS. 4. b) DISCUSSION ON AMENDING THE PUBLIC NOTICE REQUIREMENTS FOR BOARD OF ADJUSTMENT, PLANNING BOARD, HISTORIC PRESERVATION BOARD, AND DESIGN REVIEW BOARD ITEMS FROM THIRTY DAYS TO FIFTEEN DAYS. AFTER-ACTION: Commissioner Wolfson introduced his concerns when land use hearings are repeatedly deferred and then when finally occur the public is unaware of the hearing. Staff explained that the land use boards will often direct that additional courtesy noticing is undertaken when this is the situation. Commissioner Wolfson expressed that the City Code may be interpreted as requiring every hearing whether it is continued or not to be noticed. Discussion ensued. Commissioner Tobin's referral on reducing notice back to 15 days for some smaller items was also discussed. Agenda Item C6A I Date S-I/-)/ City Commission Memorandum Report of the Land Use & Development Committee Meeting of April 21,2011 Page 2 of 3 The Committee discussed allowing one continuance, on a noticed public hearing and then after that requiring full notice. Staff also discussed the costs associated with additional newspaper advertising, citing an extra ad every month may be required. Frank Del Vecchio spoke, indicating that he didn't believe that there was any problem and that continuances do not need renoticing. The Committee also discussed noticing for progress reports. MOTION: Gongora/Exposito (vote 3-0) After original notice requirement, one continuance is permitted; any further requests for continuance shall be fully noticed as per code. Prepare ordinance and forward to Planning Board for review and recommendation. Any alternatives recommended by the Board should be presented to the Land Use Committee prior to Commission. MOTION: Gongora/Exposito (vote 3-0) Bring the Committee a list of minor variances associated with single family homes that might be considered for shorter notice period. 5. DISCUSSION ON PROPOSED AMENDMENTS TO LAND DEVELOPMENT REGULATIONS AMENDING MINIMUM UNIT SIZE AND PARKING REQUIREMENTS FOR AFFORDABLE HOUSING PROJECTS. AFTER-ACTION: The Mayor and the Committee discussed the minimum and average unit sizes proposed and the proposed parking requirements. Concerns were expressed regarding lack of parking on projects. MOTION: G6ngoralExposito (vote 3-0) Approve with amendment that for parking, only units of 800 s.f. or less the parking requirement is reduced from 1.5 to 1 per unit; for larger size units, the parking requirement should stay the same. Send to Planning Board for review and recommendation. 6. DISCUSSION REGARDING TEMPORARY STOREFRONT SIGNS. AFTER-ACTION: DEFERRED 7. DISCUSSION ON THE DEVELOPMENT OF A CITYWIDE TRANSPORTATION PLAN. AFTER-ACTION: DEFERRED 8. DISCUSSION REGARDING AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE II, "CITY COMMISSION", BY ENACTING A NEW SECTION 2-12, "MEETING AGENDAS," REQUIRING PROPOSED LEGISLATION OR ORDINANCES THAT APPEAR ON A CITY COMMISSION OR COMMISSION COMMITTEE AGENDA TO HAVE A COMMISSIONER SPONSOR IDENTIFIED; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE. City Commission Memorandum Report of the Land Use & Development Committee Meeting of April 21,2011 Page 3 of 3 AFTER-ACTION: The Committee discussed the proposal, and expressed agreement. Commissioner Wolfson explained the exceptions. If an item is referred by the Administration to a Commission Committee, the item can be forwarded to the Commission sponsored by the Committee as a whole. The Committee amended the draft to say "one or more members of the City Commission". The Mayor and the Committee discussed the excepted items. The Committee removed the words "discussion items" from the Ordinance. Richard Lorber discussed possible State mandates that may require legislation, but it was clarified that the Committee where such items are referred to would be the sponsor. MOTION: Gongora/Exposito (vote 3 - 0) Approve and send to the full Commission with amendments to the text to say "one or more members of the City Commission"; and to remove the words "discussion items". 9. DISCUSSION REGARDING THE PRESENT PLANS TO BUILD A CONVENTION CENTER AND CASINO IN MIAMI-DADE COUNTY AND THE POTENTIAL IMPACT ON MIAMI BEACH. AFTER-ACTION: The Committee discussed casinos in general, and the recent proposals for legislation in Tallahassee. Kevin Crowder explained that casino legislation appeared dead for this year's legislative session. 10. DISCUSSION REGARDING HOP-ON-HOP-OFF CITY BUS TOUR SERVICE FROM VARIOUS LOCATIONS IN THE CITY. AFTER-ACTION: Max Sklar explained the current service operating in the City. One problem is their practice of selling tickets on the streets rather than inside buildings. The Committee expressed their direction to permit only inside sales, rather than outdoor vending. The Committee also discussed the matter of the pending items before the LUDC, and the setting of the agenda. Commissioner Exposito recommended that at the beginning or end of the committee meetings, the committee discuss prioritizing the pending items, and placing the list of pending items in each agenda, in order of chronology. The Committee removed the following items from the pending list: Rooftop Ordinances and Artificial Grass. T:\AGEND~QOI 1\51 1-1 I\LUDC Meeting of April 21,201 I .docx LAND USE AND DEVELOPMENT COMMITTEE MEETING April 21, 201 1 @ 4:00 pm City Manager's Large Conference Room 20. M:\$CMB\CCUPDATES\Land Use and Development Committee\Sign In Sheet 201 1 .docx AMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov COMMITTEE MEMORANDUM To: Mayor Matti Herrera Bower and Members of the City Commission From: Jorge M. Gonzalez, City Manag Yussx Date: May 11,2011 Subject: REPORT OF THE CAPITAL IMPROVEMENT PROJECTS OVERSIGHT COMMlllEE MEETING OF MARCH 7,201 1 The meeting was called to order at 5:40PM 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: http:ll www.miamibeachfl.aov/video/video.asf3 Saul Gross commented that Fernando Vazquez, City Engineer is sitting amongst the committee. Jorge Gomez stated that Fernando has been helping with the management of the CIP program. 1. ATTENDANCE See attendance sheet copy attached. 2. OLD BUSINESS CIP Project Status Report - htt~://web.miamibeachfl.aov/cip/scroll.aspx?id=3990 Sfafus Reiporf: Venetian Island Neiuhborhood lm~rovemenf Proiecf Roberto Rodriguez reported CIP received 100% set from Schwebke Shishkin Associates, plans have been transferred to Public Work for approval. City is working on Encroachment letters to be sent out by April. Fernando Vazquez stated he will expedite Public Works review of the 100% plans and gave a timeline of two (2) weeks to the committee, also stated that Public Works in collaboration with CIP are working on the Encroachment letter. Working on getting schedule on the work being done on Rivo Alto & Dilido from the County and has received verbal estimate of JuneIJuly for completion. Waiting on confirmation from the County on completion. Eleanor Carney ask to stipulate in the contact documents that San Marino Drive will be the last section to be completed by the contractor as a result of the encroachment issues. In addition Mrs. Carney had an inquiry on the location of Ricman's two old water main valves that are not in use. Mr. Rodriquez noted that one was located in Sun Marino Drive on the NW corner and the other was located on Rivo Alto SW corner. Waiting on FPL to send email with schedule of work, to see when their pole will be removed. Mrs. Carney noted it would be good to get them out with all their equipment because it is sitting on the corner of someone property. 1 Agenda Item C~B Date 5-//- // ClPOC Committee Meeting Minutes April 11, 2011 Page 2 of 5 Action item: Stipulate in Venetian lslands Neighborhood Improvement Project contract documents that San Marino Drive will be the last section of the island to be completed by the contractor. Greg Carney, HOA President, had a safety concern with the bike lanes going away and not having signage warning bicyclist that their lane goes away. Action Item: Forward a letter to the County stating the liability issues due to lack of signage, warning bicyclist that their lanes ends due to construction. Sfafus Report: Palm & Hibiscus lsland Underaroundinq Aurelio Carmenates reported he had a meeting with HOA to go over the north half of the drawings provided by FP&L. Once the south half of the island gets reviewed and approved by the HOA, they have requested for the City to again obtain newlupdated construction estimates reflecting only Hibiscus lsland from FP&L. Chairman Gross commented on sharing trenches as a way of saving money. Mr. Carmenates explained there is a ROW component to the project, water and drainage work. Having FPL requirements, require an FPL certified contractor, but for the water and drainage a regular general contractor can be obtained. Fernando Vazquez stated that they are exploring the use of Design Build to obtain contractors estimate as quickly as possible. Sfafus Report: Sunset lslands I & I1 Maria Hernandez reported that on February 15,201 1 ballots were opened and resulted as follows: Sunset lsland I 36 ballots were cast 23 voted for traffic modification to 1 -way and 13 voted for no modification 24 (two-thirds of 36) were required to effect a modification Sunset lsland II 49 ballots were cast 25 voted for modification to 1 way and 24 voted for no modification 33 (two-thirds of 49) were required to effect a modification Therefore, there will be no change. Decision was made not to appeal the vote. Engineer of record was instructed to proceed with the plans. 100% plans will be passed to Public Works and Schwebke Shishkin. Looking to have a bid advertise by mid April, bid award by July, contract execution by September, NTP 1 October, NTP 2 November, and be on the ground by the end of this year. Most of lslands I & II will have 22 foot roads; currently have a variation between 16 & 17 feet. Working on Encroachment issues, Engineer of record was instructed to do a detailed encroachment plan. Stacy Kilroy made a recommendation that the Engineer of record or Fernando contact the old city surveyor due to the shifting of the center road. Sfafus Report: Sunset lslands 111 & IV Bill Goldsmith noted there is a financial issue that is preventing CH2MHILL from moving forward with Bayshore. Fernando Vazquez stated he will be returning next month with potential RPR and CA services amendments to CH2MHILL contract. Bill Goldsmith stated ClPOC Committee Meeting Minutes April 11, 201 1 Page 3 of 5 that CH2MHILL had informed him that they will be sending a proposal to the City. Bill explained how the cost would multiply by bringing in another outside firm. Mr. Vazquez agrees with keeping the same consulting firm on board, specially now when they are getting to the finish line. Mr. Vazquez explained having to rectify the amendments by doing an after the fact ratification to the amendments. Mr. Vazquez stated the need to address the issues following the peer review and the need to add RPR & CA services. Chairman Gross questioned why all mentioned issues are not covered in CH2MHILL original drainage plans. Mr. Vazquez explained that the peer review amendments are separate. Mr. Vazquez noted that everything is held up until they resolve these issues with CH2MHILL. In addition, the bid awarded by commission on part of Bayshore is also pending until issues get resolved with the engineer. Chairman Gross recommended consulting with legal regarding the bid awarded. Rick Saltrick, Assistant City Engineer, reported on the entry to Sunset Ill & IV. The entry & guard house will be taken to the April 5th Design Review Board. Assuming it gets approved by the board they will take the schematic drawings and develop construction documents and begin the process of permitting with Building and Public Works Depts which will take an estimated time of four (4) months process. Mr. Saltrick explained that there is a JOC contractor on board; additionally they are working with value engineering along the way, who will be asked for a final proposal once they have permitted plans. Expecting shovels on the ground by October this year. Rick Kendle noted this will be the first and only guard house in Dude County paid by citizens of Miami Beach. Mr. Saltrick stated this issue went to legal for a legal opinion and there was no issue. The estimated cost of the guard house is $75,000. Action Item: Report back with Amendments to the CH2MHILL contracts pertaining to RPR & CA services on Bayshore. Consult with legal regarding Bayshore awarded bid. 3. REQUESTED REPORTS Assessment of structural conditions and hydraulic conditions of ouffalls for Sunset 111 & IV Hector Castro, Public Works Assistant Director, reported 12 positive drainage outfalls on Sunset Island 3 & 4 combined, 6 on each island. Inspection and cleaning services were completed on all 12. Four (4) were deemed in good condition and require no additional work. Eight (8) require work, one (1) requires to be completely replaced and will be done as part of the neighborhood CIP project, five (5) require point repair, and one (1) can be repaired by relining. A contract is in place with Envirowaste Services scheduled to begin March 14th and completed by April 15th for the repairs. 4. COMMISSION ITEMS BISCAYNE POINT 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. 07- 1011 FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROGRAM - NEIGHBORHOOD NO. 1 - BISCAYNE POINT; AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE AN AGREEMENT WITH DAVID MANCINI 8, SONS, INC., IN THE NOT-TO-EXCEED AMOUNT OF $10,907,759, FOR THE CONSTRUCTION OF THE PROJECT, PLUS A 10% PROJECT ClPOC Committee Meeting Minufes April 11, 201 1 Page 4 of 5 CONTINGENCY IN THE AMOUNT OF $1,090,776, FOR A GRAND TOTAL OF $1 1,998,535; APPROPRIATING $6,675,401 FROM FUNDS PREVIOUSLY APPROPRIATED IN THE CAPITAL BUDGET; AND FURTHER APPROPRIATING $5,323,134 FROM FUND 429 STORM WATER PROJECTS LINE OF CREDIT, WITH SUCH FUNDS TO BE REPAID FROM PROPOSED FUTURE STORM WATER BONDS; FURTHER AUTHORIZING THE ADMINISTRATION TO ENGAGE IN VALUE ENGINEERING TO FURTHER REDUCE THE COST AND TIME FOR COMPLETION OF SAID PROJECT. Gus Lopez, Procurement Director, reported 9 bids were received. The usual technical review process was followed. The technical review panel recommended David Mancini & Sons as the lowest & best bidder. The City Manager also recommends David Mancini & Sons. Unanimous recommendation was made by the technical review panel. Christine commented she had a problem recommending it without a peer review done. Fernando Vazquez stated that the item will be going in the March Commission meeting and the peer review would not be completed prior to the meeting. Mr. Vazquez added that many of the issues can be addressed through value engineering. Eleanor Carney questioned the funding versus the bid item, Mr. Vazquez to check the funding source is properly matched. Agreed to have the bid recommended for award but peer review done before the execution of the contract. Action Item: Check funding source on Biscayne Point properly match with the work being done. Conduct peer review. MOTION: Recommend to the Mayor and City Commission approval of award but peer review done before the execution of the contract. MOVED: Christina Cuero Is', Stacy Kilroy 2nd PASSED: Unanimous 5. REVIEW AND ACCEPTANCE OF MINUTES The following revisions were requested to the February 7,201 1 Meeting Minutes: Eleanor Carney noted that Greg Carney did not agree with City Survey of his property. Chairman Gross noted the minutes to reflect what Mrs. Carney stated and to approve the minutes as amended. MOTION: Approve minutes as amended MOVED: Stacy Kilroy IS+, Dwight Kraai 2nd PASSED: Unanimous 6. PUBLIC COMMENTS Daniel Veitia, Normandy lsle HOA, stated that he had received an LTC that addresses several of his issues. Fernando Vazquez commented that the LTC is a draft and it has not been formally distributed to the Manager's office or Commission. Mr. Veitia is concerned especially with lighting in Normandy lsle and the number of lights that were approved by commission and wants to maintain that level of lights and recognizes that there is a funding challenge. Jorge Gomez stated that there is a lighting project underway. ClPOC Committee Meeting Minutes April 11, 2011 Page 5 of 5 Action item: Check funding sources for Normandy Isles neighborhood lighting. Status Report on Normandy Isle pending items to be placed in Agenda. Meeting Adjourned: 7:08 pm THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Key Intended Outcome Supported: I 1) Maintain crime rates at or below national trends; 2) enhance learning opportunities for youth and maintain I - .. ciime rates at or below national trends; 3) Increase visibility of Police and maintain crime rates at or below national trends. Supporting Data: 2009 Community Survey: 1) and 3) Business and resident respondents rated "Preventing Crime" as the most important areas for the City of Miami Beach to address in an effort to improve public safety throughout the City; 2) 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; safety across the City (preventing crime, drugs, gangs) appeared as one of the most important areas affecting resident's quality of life, the Department of Justice Mentoring Program aims at encouraging youth to stay in school and out of the juvenile justice system. Issue: I Shall the City support the following funding requests and execute the related agreements? I item Summary/Recommendation: The Administration requests approval to submit the following grant applications: 1) Office of the Attorney General for funding from the Victims of Crime Act program In the approximate amount of $60,000; 2) U.S. Department of Justice, Office of Juvenile Justice and Delinquency Program for funding in the approximate amount of $300,000 over three years for the Mentoring Youth with Disabilities Program; and, 3) US Department of Justice, Office of Community Oriented Policing Services (COPS), Cops Hiring Program for funding in the approximate amount of $1,500,000 over three years for the hiring of additional career Law Enforcement Officers; appropriating the above grants and matching funds, as necessary, if approved and accepted by the City, and authorizing the execution of all documents related to these applications. Advisory Board Recommendation: N/A Financial Source of funds City Clerk's Office Legislative Tracking: Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement Approximate Grant Amount $60,000 $300,000 over 3 years $1,500,000 over 3 years Match Amount/Source Required grant match is approx. $1 5,0001 However, the City will contribute approximately $41,104 to this grant to cover the remaining portion of the salary. Source: Police Confiscations, Law Enforcement Trust Fund (to be appropriated). NIA - No match required. NIA - No match required. At the conclusion of federal funding, these positions must be maintained for a minimum of one year (12 months), which is estimated to be September 30, 201 5. Information: # 1 2 3 Grant NameIProject Victims of Crime Act (VOCA)/ Police Domestic Violence Unit US Department of JusticeIMentoring Youth with Disabilities US Department of JusticeICOPS Hiring Program 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 Ci~ommission FROM: Jorge M. Gonzalez, City Manager DATE: May I I, 201 1 MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT GRANT APPLICATIONS TO: 1) OFFICE OF THE ATTORNEY GENERAL FOR FUNDING FROM THE VICTIMS OF CRIME ACT PROGRAM IN THE APPROXIMATE AMOUNT OF $60,000; 2) U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $300,000 OVER THREE YEARS, FOR THE MENTORING YOUTH WITH DISABILITIES PROGRAM; AND, 3) US DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS), COPS HIRING PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $1,500,000 OVER THREE YEARS FOR THE HIRING OF ADDITIONAL CAREER LAW ENFORCEMENT OFFICERS; APPROPRIATING THE ABOVE GRANTS, AND MATCHING FUNDS, 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 I. Approval to submit a Victims of Crime Act (VOCA) Application for funding in the approximate amount of $60,000 for the Citv's Domestic Violence Program The Administration plans to apply for funding for the Police Department's DomesticViolence Program. Funds for this grant are available from the Office of the Attorney General (OAG) Victims of Crime Act program. This grant will partially cover the salary of one Victim's Advocate position in the Police Department's Domestic Violence Unit (approximately 59% of the Victim's Advocate salary and benefits). The Police Department will provide the remaining balance of the salaryfrom the Confiscation, Law Enforcement Trust Fund. This will also exceed the required 25% match required by the funding agency This project supports the following key intended outcomes: maintain crime rates at or below national trends. Commission Memorandum Page 2 2. Approval to submit an application to the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Proqram for fundinq in the approximate amount of $300,000 over three years from the Mentoring Youth With Disabilities Proqram; The U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention has funding available for community mentoring partnerships that target youth with disability-related challenges that heighten their risk for delinquency. This initiative builds upon the foundation of evidence-based practices for effective mentoring and encourages communities to implement and enhance mentoring programs for youth with disabilities. Youth with disabilities are more likely than their non-disabled peers to drop out or to be "pushed out" of school and are less likely to attend or finish college. The program also aims to encourage youth to stay out of the juvenile justice system. The Administration intends to apply for funding in the amount of $1 00,000 per year, for three years for this program; the total application will be for $300,000 over three years. The program will match at-risk sixth, seventh and eighth graders in the City of Miami Beach who have been diagnosed with a specific learning disability with adult mentors. The program utilizes research-proven strategies from the Elements of Effective Practice to prevent these youth from involvement with the juvenile justice system. The City plans to partnerwith Barry University and the Institute for Child & Family Health. Funding will be requested for training, materials and a program coordinator. This grant does not require matching funds. This project supports the key intended outcomes: enhance learning opportunities for youth and maintain crime rates at or below national trends. 3. Approval to submit an application to the US Department of Justice. Office of Community Oriented Policinq Services (COPS). Cops Hiring Program for fundinn in the approximate amount of $1,500,000 over three years for the hiring of additional career Law Enforcement Officers The US Department of Justice, Office of Community Oriented Policing Services (COPS) Program, COPS Hiring Program (CHP) provides funding for the hiring and rehiring of additional career law enforcement officers. CHP provides funding directly to law enforcement agencies having primary law enforcement authority to impact their community policing capacity and problem solving efforts. The graht provides 100 percent funding for approved entry-level salaries and benefits for 3 years (36 months) for newly-hired, full-time sworn officer positions (including filling existing unfunded vacancies) or for rehired officers who have been laid off, or are scheduled to be laid off on a specific future date, as a result of local budget cuts. There is no local match requirement or cap on the amount of funding that can be requested per officer position, but CHP grant funding will be based on youragency's current entry-level salary and benefits packages. Any additional costs for higher than entry-level salaries and fringe benefits will be the responsibility of the grantee agency. Requests are capped at no more than 5% of the agency's actual sworn force strength reported in their application, up to a maximum of 50 officers. Commission Memorandum Page 3 At the conclusion of federal funding, grantees must retain all sworn officer positions awarded under the CHP grant for a minimum of one year (I 2 months), estimated to be September 30, 2015). The retained CHP-funded position(s) should be added to the grantee's law enforcement budget with state andlor local funds, over and above the number of locally- funded positions that would have existed in the absence of the grant. These positions will be maintained in a separate grant-funded account. The Administration proposes applying for this grant to fund five (5) positions. Funding in the approximate amount of $1,500,000 over three years will be requested for salaries and benefits. This program supports the key intended outcomes: increase visibility of police and maintain crime rates at or below national trends. CONCLUSION In conclusion, the Administration requests approval to submit the following grant applications to: 1) Office of the Attorney General for funding from the Victims Of Crime Act Program In the approximate amount of $60,000; 2) U.S. Department of Justice, Office of Juvenile Justice and Delinquency Program for funding in the approximate amount of $300,000 over three-years, for the Mentoring Youth with Disabilities Program; and, 3) US Department of Justice, Office of Community Oriented Policing Services (COPS), Cops Hiring Program for funding in the approximate amount of $1,500,000 over three years for the hiring of additional career Law Enforcement Officers; appropriating the above grants and matching funds, 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 ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ClTY MANAGER OR HIS DESIGNEE TO SUBMIT GRANT APPLICATIONS TO: 1) OFFICE OF THE ATTORNEY GENERAL FOR FUNDING FROM THE VICTIMS OF CRIME ACT PROGRAM IN THE APPROXIMATE AMOUNT OF $60,000; 2) U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $300,000 OVER THREE YEARS, FOR THE MENTORING YOUTH WITH DISABILITIES PROGRAM; AND, 3) US DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS), COPS HIRING PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $1,500,000 OVER THREE YEARS FOR THE HIRING OF ADDITIONAL CAREER LAW ENFORCEMENT OFFICERS; APPROPRIATING THE ABOVE GRANTS, AND MATCHING FUNDS, AS NECESSARY, IF APPROVED AND ACCEPTED BY THE CITY, AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO THESE APPLICATIONS WHEREAS, the Administration plans to apply for funding for the Police Department's Domestic Violence program and funds for this grant are available from the Office of the Attorney General (OAG) Victims of Crime Act program; and WHEREAS, the grant funds will cover approximately 59% of the salary and benefits of one Victim's Advocate position in the Police Department's Domestic Violence Unit; and WHEREAS, the Police Department will provide the remaining balance of the salary from the Confiscation, Law Enforcement Trust Fund, this will exceed the required 25% match required by the funding agency; and WHEREAS, this project supports the following key intended outcomes: maintain crime rates at or below national trends; and WHEREAS, approval is requested to submit a Victims of Crime Act (VOCA) application for funding in the approximate amount of $60,000 for the City's Domestic Violence Program is requested; and WHEREAS, the U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention has funding available for community mentoring partnerships that target youth with disability-related challenges that heighten their risk for delinquency; and WHEREAS, this initiative encourages communities to implement and enhance mentoring programs for youth with disabilities and integrate best practices to recruit, train, and support mentors: and WHEREAS, this initiative builds upon the foundation of evidence-based practices for effective mentoring and encourages communities to implement and enhance mentoring programs for youth with disabilities; and WHEREAS, the Administration intends to apply for funding in the amount of $100,000 per year, for three years for this program and the total application will be for $300,000 over three years and the program will match at-risk sixth, seventh and eighth graders in the city of Miami Beach who have been diagnosed with a specific learning disability with adult mentors; and WHEREAS, the City plans to partner with Barry University and the Institute for Child & Family Health; and WHEREAS, this grant does not require matching funds ant this project supports the key intended outcomes: enhance learning opportunities for youth and maintain crime rates at or below national trends; WHEREAS, approval is requested to submit an application to the U.S. Department of Justice, Office of Juvenile Justice and Delinquency program for funding in the approximate amount of $300,000 over three years from a Mentoring Youth with Disabilities Program; and WHEREAS, the US Department of Justice, Office of Community Oriented Policing Services (COPS) Program, COPS Hiring Program (CHP) provides funding for the hiring and rehiring of additional career law enforcement officers; and WHEREAS, the grant provides 100 percent funding for approved entry-level salaries and benefits for 3 years (36 months) for newly-hired, full-time sworn officer positions (including filling existing unfunded vacancies) or for rehired officers who have been laid off, or are scheduled to be laid off on a specific future date, as a result of local budget cuts; and WHEREAS, there is no local match requirement or cap on the amount of funding that can be requested per officer position, but CHP grant funding will be based on your agency's current entry-level salary and benefits packages; and WHEREAS, any additional costs for higher than entry-level salaries and fringe benefits will be the responsibility of the grantee agency and requests are capped at no more than 5% of the agency's actual sworn force strength reported in their application, up to a maximum of 50 officers; and WHEREAS, at the conclusion of federal funding, grantees must retain all sworn officer positions awarded under the CHP grant for a minimum of one year (12 months), which is estimated to be September 30, 2015; and WHEREAS, the retained grant funded position(s) should be added to the grantee's law enforcement budget with state andlor local funds, over and above the number of locally-funded positions that would have existed in the absence of the grant; and WHEREAS, the Administration proposes applying for this grant to fund (5) five positions over three years and these positions will be maintained in a separate grant- funded account; and WHEREAS, funding in the approximate amount of $1,500,000 over three years will be requested for salaries and benefits; and WHEREAS, this program supports the key intended outcomes: increase visibility of police and maintain crime rates at or below national trends. WHEREAS, approval to submit an application to the US Department of Justice, Office of Community Oriented Policing Services (COPS), Cops Hiring Program is requested for funding in the approximate amount of $1,500,000 for the hiring of additional career Law Enforcement Officers. NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH hereby approve and authorize the City Manager or his designee to submit the following grant applications to: 1) Office of the Attorney General for funding from the Victims Of Crime Act Program In the approximate amount of $60,000; 2) U.S. Department of Justice, Office of Juvenile Justice and Delinquency Program for funding in the approximate amount of $300,000 over three years, for the Mentoring Youth with Disabilities Program; and, 3) US Department of Justice, Office of Community Oriented Policing Services (COPS), Cops Hiring Program for funding in the approximate amount of $1,500,000 over three years for the hiring of additional career Law Enforcement Officers; appropriating the above grants, and matching funds, 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: ClTY CLERK JMGIKGBNMH T:\AGENDA\2011\5-11-1 l\Grants Memo.doc MAYOR APPROVED AS TO FORM & LANGUAGE n & FOR EXECUTION THIS PAGE INTENTIONALLY LEFT BLANK OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATFORNEY COMMlSSlON MEMORANDUM TO: MAYOR MATT1 HERRERA BOWER MEMBERS OF THE CITY COMMISSION CITY MANAGER JORGE M. GONZALE FROM: JOSE SMITH, CITY ATTO DATE: May 11,2011 SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF .MIAMI BEACH, FLORIDA, ACCEPTING A DONATION IN THE AMOUNT OF $8,000.00 FROM THE MIAMI BEACH CHAMBER OF COMMERCE FROM PROCEEDS OF ITS ANNUAL GOLF CLASSIC TOURNAMENT TO BE UTILIZED BY THE CITY'S INTERNATIONAL BACCALAUREATE (IB) EDUCATIONAL PROGRAM. Pursuant to the presentation made by the Miami Beach Chamber of Commerce at the April 13, 201 1 City Commission meeting, the attached Resolution has been drafted accepting a donation in the amount of $8,000.00 from the Miami Beach Chamber of Commerce from proceeds of its annual Golf Classic Tournament to be utilized by the City's International Baccalaureate (IB) educational program. JS/DT/mem F:\ATTO\SMIJ\Memo Accepting donation from Miami Beach Chamber.docx I Agenda Item C7B I Date 3--I/- // RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CIN OF MlAMl BEACH, FLORIDA, ACCEPTING A DONATION IN THE AMOUNT OF $8,000.00 FROM THE MlAMl BEACH CHAMBER OF COMMERCE FROM PROCEEDS OF ITS ANNUAL GOLF CLASSIC TOURNAMENT TO BE UTILIZED BY THE CITY'S INTERNATIONAL BACCALAUREATE (IB) EDUCATIONAL PROGRAM. WHEREAS, over the past several years, the Miami Beach Chamber of Commerce has been working with the City of Miami Beach and the City's public schools, to support various components of the Miami Beach Education Compact; and WHEREAS, the Education Compact reflects the desire of the Miami Beach community to support excellence in the City's public schools and is an investment in the overall enhancement of education for the City's residents; and WHEREAS, as a result of the City's Education Compact with Miami-Dade Public Schools, all public schools in Miami Beach offer the IB program which is internationally recognized as a benchmark for education excellence and also fosters student participation in community service; and WHEREAS, the implementation of the International Baccalaureate Program at Miami Beach public schools depends on appropriate funding for a variety of operating costs such as teacher training, and student books, supplies, and fees; and WHEREAS, the Miami Beach Chamber of Commerce has generously offered to donate $8,000.00 from the proceeds of its Annual Golf Classic Tournament to the City's IB Program. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA that the Mayor and City Commission hereby accept a donation in the amount of $8,000.00 from the proceeds of the Miami Beach Chamber of Commerce's Annual Golf Classic Tournament to be utilized by the City for its International Baccalaureate Program. PASSED AND ADOPTED this I lth day of May, 201 1. ATTEST: Matti Herrera Bower Mayor Robert Parcher City Clerk APPROVED AS TO FORM & LANGUAGE F:LAiTO\TURN\RESOS\Accepting $8,000 donation from Chamber of Commerce.dacx 96 COMMISSION ITEM SUMMARY Condensed Title: 1 A Resolution Of The Mavor and City Commission of the City of Miami Beach, Florida Accepting The Recommendation Of The City Manager pe;taining ~o~he Ranking Of proposals Pursuant To Request or ~ualifications (RFQ) No. 22- 1011 1 For Resident Project Representative Services For Right-of-way lmprovements To Neighborhood No. 8, Central Bayshore (Package A), Lower North Bay Road (Package B), And Lake Pancoast (Package C).; Authorizing The Administration To Enter Into Negotiations For Packages A, B, & C With The Top-Ranked Proposer, Atkins (PBS&J); and Should The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposer, Authorizing Negotiations With The Second-Ranked Proposer, Calvin Giordano & Associates Inc, and Should The Administration Not Be Successful In Negotiating An Agreement With The Second-Ranked Proposer, Authorizing Negotiations With The Third-Ranked Proposer, A & P Consulting Transportation Engineers, Corp. Key Intended Outcome Supported: I Ensure Value and Timely Delivery of Quality Capital Projects. Maintain City's Infrastructure. I Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Miami Beach Community Satisfactory Survey indicates that 100% of the projects were substantially completed within 120 days of construction schedule. The 2007 Miami Beach Community Satisfactory Survey indicates that 84% of residents and 86% of businesses rated the services as good or excellent for recently completed capital improvement projects. Issue: I Shall the Mayor and City Commission Adopt The Resolution? I Item Summary/Recommendation: On April 13,201 1, the Mayor and City Commission retroactively approved the issuance of Request for Qualifications (RFQ) No. 22-01 011 1, for Resident Project Representative Services for Right-of-way lmprovements to Neighborhood No. 8, Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C). RFQ No. 22-01 011 1 was issued on March 25,201 1, with an opening date of April 15,201 1. A pre-proposal conference to provide information to the proposers submitting a response was held on April 1,201 1. BidNet issued bid notices to 371 proposers, BidSync (formerly known as RFP Depot) issued bid notices to 6,107 prospective proposers ofwhich 25 viewed the notice, and more than 100 local proposers were notified via mail, e-mail, which resulted in the receipt of thirteen (1 3) proposals. On April 7,201 I, the City Manager via Letter to Commission (LTC) No. 081-201 1, appointed an Evaluation Committee ("the Committee") which convened on April 26,201 1 to short list the proposers. On April 29, 201 1, the Committee convened and was provided with general information on the scope of services, Performance Evaluation Surveys, additional pertinent information, and actual presentation from the short listed proposers. The Committee recommended entering into negotiations with the top two (2) ranked proposers: Atkins (PBS&J) and Chen & Associates d/b/a Chen Moore and Associates. After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending that the Mayor and the City Commission authorize negotiations for packages A, B & C o with the top- ranked proposer, Atkins (PBS&J), and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked Proposer, Calvin Giordano &Associates Inc, and should the Administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, A & P Consulting Transportation Engineers, Corp. APPROVE THE RESOLUTION. I Advisory Board Recommendation: I I Financial Information: City Clerk's Office Legislative Tracking: I Gus Lopez, Ext. 6641 I.2 OBPl AGENDA ITEM e7c DATE r0///j/ Account Total Amount Source of Funds: Financial Impact Summary: 1 @ MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager 9-6 DATE: May 1 1, 201 1 u SUBJECT: 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 ARCHITECTURAL AND ENGINEERING PROPOSERS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 22-10111, FOR RESIDENT PROJECT REPRESENTATIVE SERVICES FOR RIGHT-OF-WAY IMPROVEMENTS TO NEIGHBORHOOD NO. 8 CENTRAL BAYSHORE (PACKAGE A), LOWER NORTH BAY ROAD (PACKAGE B), AND LAKE PANCOAST (PACKAGE C); AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS FOR PACKAGES A, 6, & C WlTH THE TOP- RANKED PROPOSER, ATKINS (PBS&J); AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WlTH THE TOP- RANKED PROPOSERS, AUTHORIZING NEGOTIATIONS WlTH THE SECOND- RANKED PROPOSER, CALVIN GIORDANO & ASSOCIATES INC.; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WlTH THE SECOND-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WlTH THE THIRD-RANKED PROPOSER, A & P CONSULTING TRANSPORTATION ENGINEERS, CORP. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Ensure Value and Timely Delivery of Quality Capital Projects. Maintain City's Infrastructure. ANALYSIS In accordance with Section 287.055, Florida Statutes, known as the "Consultants' Competitive Negotiation Act", the City may enter into a "continuing contract" for professional architectural and engineering services for projects in which construction costs do not exceed $2 Million or for study activities for which the fee does not exceed $200,000. The City may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations, which will take place after the selection of the proposers deemed to be the most qualified to perform the required services. If the City is not able to negotiate a mutually satisfactory compensation schedule with the top-ranked proposers which is determined to be fair, competitive and reasonable, additional proposers in Commission Memorandum - RFQ# 22-1 0-1 1 for RPR Services for Right-of-way lmprovements to Neighborhood No. 8, Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C). May 11,2011 Page 2 the order of their competence and qualifications may be selected, and negotiations may continue until an agreement is reached. The City desires to independently contract with an A/E proposer to provide full-time RPR to observe the construction of the work associated with the Bayshore Neighborhoods Right-of- Way lmprovements Projects for the Central Bayshore (8A), Lower North Bay Road (8B), and Lake Pancoast (8C) Neighborhoods. The RPR shall be qualified, meet all the requirements referenced herein, and have adequate understanding of the Project, and be able to address, process, evaluate, recommend, respond to, and review construction related correspondence. In general, RPRs will conduct onsite observations of the Contractor's work to assist the City in determining if the provisions of the respective Contract Documents and permit conditions are being fulfilled and to reasonably protect the City against defects and deficiencies in the Work of the Contractor. The RPR shall review materials and evaluate, on a daily basis, the workmanship of the Contractor on each of the projects, report as to the progress, and report to City any deviations from the respective Contract Documents. It is the City's intent for the RPR to be present onsite to provide general oversight and direction. The means and methods of construction shall be the responsibility of each Contractor. As such, the RPR will not be expected to advise on or suggest methods of construction to the Contractor. SCOPE OF SERVICES The following outlines the Resident Project Representative's (RPR's) duties and responsibilities: General Coordination: The RPR will communicate daily or periodically with the City, the City's A/E Consultant and Contractor, as needed. They will report on concerns as it relates to the construction effort and activities. In addition, the RPR shall also coordinate with the Contractor's Public lnformation Officer where notifications such as utility outages, road closures, etc. may be required. The RPR will monitor and verify that the Contractor has made the required notifications to the utility owners, residents and businesses as may be required. Value Engineering Meetings: The RPR will be expected to attend, participate, and provide cost estimating information at VE meetings with between the CITY, the A/E Consultant, and the Contractor for each of the Projects. Resident's lnformation Meetings: The RPR will be expected to attend, address residents concerns, participate, produce meeting minutes, and take a lead role in Resident lnformation Meetings with the CITY for each of the Projects. Pre-Construction Meetings: The RPR will be expected to attend, participate and take a lead role in Pre-Construction Meeting with the City, A/E Consultant and Contractor for each of the Projects. The Pre-construction Meeting shall be scheduled once the first Notice-to-Proceed is issued to the Contractor Weekly Construction Progress Meetings: The RPR shall attend, participate and take a lead role in weekly construction project meetings with the City, A/E Consultant and Contractor on Commission Memorandum - RFQ# 22-10-1 1 for RPR Services for Right-of-way Improvements to Neighborhood No. 8, Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C). May 11,2011 Page 3 each Project. These meetings will serve as forums to review the status of construction progress, discuss construction issues, discuss schedule andlor cost concerns, discuss potential changes or conflicts, review the status of shop drawing submittals and contract document clarifications and interpretations, and to resolve problems before they become critical. RPR shall prepare weekly meeting minutes and distribute to all meeting attendees, review the two week look ahead provided by the Contractor and provide comments or objections to written statements within the specified timeframe. The RPR will prepare detailed weekly reports that describe the construction activities, progress, incidents and issues that have occurred on the construction site and distribute to the attendees in advance of the weekly construction progress meetings. Field Observations: The RPR shall conduct field observations on a daily basis throughout the duration of construction. Field observations shall be provided jointly by the City and the RPR. To supplement those services provided by the RPR, the City will provide two (2), part-time construction inspectors for the duration of the projects. The role of the City's construction inspectors shall be limited. The RPR shall be present at the construction site daily during the construction phase of the project and will be expected to be available, as needed, throughout the Contractor's work day. Specialty AIE CONSULTANT Site Visits: The RPR will monitor the number of specialty site visits requested by the Contractor or City and conducted by the A/E Consultant. When it becomes evident that a specialty site visit from the design Engineer of Record (EOR) will be required, the RPR will notify the EOR to discuss and schedule a mutually acceptable time for meeting at the construction site. Daily Reports: The RPR will prepare daily reports, on the same date as construction occurs, to record the daily performance of the Contractor as well as other significant contract related matters. Daily reports shall be uploaded to the City's E-Builder document management system by the RPR. At the end of each week, the RPR will forward the original daily reports to the City for review. The RPR will maintain and file paper copies of the daily reports onsite for reference. The daily reports shall include records of when the Contractor is on the job-site, general field observations, weather conditions, change orders, changed conditions, list of job site visitors, daily drilling and testing activities, testing results, testing observations, and records of the outcome of tests and inspections. At a minimum the daily reports will contain the following information: Weather and general site conditions Contractor's work force counts by category and hours worked Description of Work performed including location Equipment utilized Names of visitors to the jobsite and reason for the visit Tests made and results Construction difficulties encountered and remedial measures taken Significant delays encountered and apparent reasons why Description of (potential) disputes between the Contractor and City Description of (potential) disputes between the Contractor and residents Summary of additional directions that may have been given to the Contractor Commission Memorandum - RFQ# 22-10-1 1 for RPR Services for Right-of-way Improvernent~ to Neighborhood No. 8, Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C). May 11,201 1 Page 4 Detailed record of materials, equipment and labor used in connection with extra work, or where there is reason to suspect that a claim or request for Change Order may be submitted by the Contractor Summary of any substantive discussions held with the Contractor andlor City , Summary of nonconforming work referenced to corresponding Non-Compliance Notice A log of photographs taken Photographic Record: RPR shall provide a photographic record of the overall progress of construction, beginning with preconstruction documentation, following with on-going construction documentation, and ending with post-construction documentation. Photographs shall be digital snapshot type taken to define the progress of the project and shall be filed electronically by month in the City's E-BuilderTM document management system, labeled by date, time and location. The RPR will upload all photos to the E-BuilderTM document management system on a weekly basis. Adherence To Contract Documents: The RPR shall review materials and workmanship of the projects and report to the City any deviations from the Contract Documents that may come to the RPR's attention. RPR shall determine the acceptability of the work and materials and, in concert with the A/E Consultant (as necessary), make recommendations to the City to reject items not meeting the requirements of the Contract Documents. Delivery of Unaccepted Materials to Jobsite: As new materials are delivered to the jobsite, the RPR will check the material's certifications and samples and verify that an approved shop drawing was submitted for the material in question. If it is determined that a submittal has not been approved, the RPR shall immediately notify the City and issue a Non-Compliance Notice. In conjunction with the A/E Consultant (as necessary), the RPR will direct and supervise the sampling and testing of materials to be performed by the City's independent testing laboratory. The RPR shall maintain test report logs which shall be submitted to the City for review on a monthly basis and uploaded to the City's E-BuilderTM document management system on a weekly basis. RPR shall also review invoices submitted by the independent testing laboratories and recommend payment by the City. Shop Drawing Submittals: The RPR shall review shop drawing and product approvals throughout the duration of the construction period for familiarity prior to delivery of materials. RPR shall verify that Contractor is maintaining a submittal log, conducting timely submittals, and uploading approved shop drawings to the City's E-BuilderTM document management system. Issuance of Non-compliance Notices: The RPR-will be responsible for notifying the City when they become aware of a condition that is believed to be in non-compliance with Contract Documents. Anytime the RPR notices a potential construction problem or a condition that could result in non-complying materials, equipment or workmanship, the RPR will need to determine whether the condition poses an immediate threat to public health or safety. If a condition does not pose a threat to public health or safety, immediate verbal notification or "Pre-Noncompliance Notice" of the potential non-compliance should be made to the Contractor and the City. This verbal notice shall be documented in the RPR's daily report and shall advise the Contractor of potential construction problems, errors, or deficiencies that can be promptly resolved and do not warrant a Non-compliance Notice. If the Contractor fails to respond to the verbal notification within a reasonable timeframe, the RPR will notify the City and the City's Commission Memorandum - RFQ# 22-10-1 1 for RPR Services for Right-of-way Improvements to Neighborhood No. 8, Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C). May 11,2011 Page 5 Senior Capital Projects Coordinator will issue a Non-compliance Notice. If a condition poses an immediate threat to public health or safety, the RPR will notify the Contractor and City immediately and the City's Senior Capital Projects Coordinator will issue a Non-compliance Notice to the Contractor. Non-compliance Notices will include a description of the Work that does not meet contract requirements, along with a required timetable for corrective work to be implemented by the Contractor. Other items that should be included in the Notice include a reference to the provision of the Contract Documents that has been violated. Damage to Existing Facilities: The RPR will identify any existing facilities damaged by the Contractor and verify that the Contractor has notified the respective owner(s). Include record of such occurrences in the daily reports. Change Orders: RPR shall perform an independent review of any Change Orders submitted by the Contractor and provide a written statement noting recommendation for approval or denial of the Change Order to the City. If recommended for approval, the RPR will note if the requested cost and schedule impacts are fair and reasonable. The RPR will be responsible for maintaining a Change Order log and uploading approved Change Orders to the City's E- BuilderTM document management system. The RPR shall also participate in change request review meetings with City and Contractor to resolve and/or negotiate the equitable resolution of request. Requests for lnformationlContract Document Clarification (RFlslCDCs): When RFls and CDCs involve design issue interpretations, the RPR will coordinate with the AIE Consultant, as needed, to resolve the Contractor's Requests for Information, Contract Document Clarifications, Field Orders, and other related correspondence. The RPR will be also be responsible for verifying that the NE Consultant is providing a written response to RFls and CDCs in a timely manner and for processing, logging, and distributing all RFlsICDCs. RPR will upload all RFI and CDC responses to the City's E-BuilderTM document management system. Schedule: RPR will review and familiarize themselves with the construction schedule, monitor the progress of construction, and ensure the Contractor's adherence to the schedule. The Contractor will be required to submit a detailed schedule to the RPR at the pre- construction meeting. This schedule will be reviewed and approved by the RPR and the City. This schedule will be updated on a by weekly basis by the Contractor; however, the RPR will be responsible for reviewing the contactor's schedule to conproposer accuracy of the work activities completed. Analysis of the Contractor schedule will be on the basis of planned versus actual costs for the month and contract to date. RPR shall verify that the Contractor is uploading approved schedule and schedule updates to the City's E-BuilderTM document management system. Pay Requisitions: RPR shall verify Contractor's pay requisition quantities and sign-off on all pay requisition quantities in the field. RPR shall be responsible for reviewing with the Contractor the monthly payment requisition to conproposer the status of completed and uncompleted work and stored materials. The RPR shall advise the City of quantities being approved for subsequent concurrence for payment purposes. Payment Requisitions shall only be approved by the City. Commission Memorandum - RFQ# 22-1 0-1 1 for RPR Services for Right-of-way Improvements to Neighborhood No. 8, Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C). May 11,2011 Page 6 Equipment Tests and Systems Start-up: RPR shall be responsible for coordinating various tests for quality control on the projects; verifying that equipment tests and systems start-up are conducted in the presence of appropriate personnel; and that the Conractor is maintaining adequate records thereof. RPR shall observe, record, and report appropriate details relative to the test procedures and start-up. Record Drawings: RPR will monitor that record drawing mark-ups are properly maintained by the Contractor. At a minimum, the RPR will review the record drawing mark-ups on the 20th working day of every month, or more often, as deemed necessary by the City. Contractor's failure to maintain the record drawings in up-to-date condition may be deemed grounds for withholding Contractor's monthly payment requisitions until such time as the record drawings are brought up-to-date. The RPR will notify the City if it considers the mark-up documents insufficient. The City will make final determination of payment withholding. Safety: RPRs will be expected to recognize a hazard that any reasonable non-safety professional might be expected to recognize. In addition, those safety obligations extend only to recognizable hazards that the RPR may note while in the normal conduct of onsite business. If a situation presents itself, the following procedures should be followed: Immediately direct personnel to remove themselves from the apparent danger, Notify the Contractor's superintendent of the apparent condition that caused the concern and that the affected personnel were directed to remove themselves accordingly, Notify the Contractor of the situation that arises concern, both in writing and verbally, Issue a written Notice of Noncompliance stating that the Contractor should take immediate action as it deems necessary to correct the deficiency 1 condition. Write a full report in the Daily Report on the condition found to be unsafe, all actions taken, and correspondence written, including times and names, Take photographs, of the concern, If the Contractor does not make corrections, the RPR should notify the City, The RPR will review the situation with the City for further direction, The condition, as well as all conversations and correspondence, will be recorded in the RPRs Daily Report. In the case of a construction-related accident, RPR will notify the City of the accident. RPR will direct the Contractor to prepare an accident report with a copy forwarded to the City. gP Quality Control: The RPR will review and monitor the ~ontrakorss adherence to an acceptable quality control program submitted by the Contractor prior to the issuance of the second Notice-to-Proceed by the City. This program will describe the Contactor's quality control, organizational procedures, documentation controls and processes for each phase of the work. Quality control during construction will be the responsibility of the Contractor; however, oversight and ensuring the Contractor complies with applicable jurisdictional construction standards will be enforced on the City's behalf by the RPR. Commission Memorandum - RFQ# 22-10-1 1 for RPR Services for Right-of-way Improvements to Neighborhood No. 8, Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C). May 11,2011 Page 7 Proceeding with Disputed Work: In the event that an agreement cannot be reached on a Change Order, the Contractor must carry on the work and adhere to the project schedule in accordance with the contract general conditions. The RPR will log all forced work efforts related to disputed change order on a Forced Work Daily Log Reports which will be signed and dated by the RPR and the Contractor's representative at the completion of each workday. The RPR will forward copies of this form to the City for record purposes. Maintenance of Traffic (MOT): The Contractor shall provide the RPR, City and A/E Consultant with approved copies of its MOT at the Pre-Construction Meeting for general information purposes. It will be the RPR's responsibility to verify compliance with the MOT in the field. Contractor Request for Services: When the Contractor requires services from the City for issues such as water main shutdowns, tie-ins to existing water mains, special regulatory inspections, etc., a request shall be made in writing by the Contractor, and forwarded by the RPR to the City, a minimum of three working days prior to when required. Substantial Completion: When the Contractor considers that the Work has reached Substantial Completion, the Contractor will notify the RPR who will verify that the work has progressed to the substantial completion point in accordance the Contract Documents. If the RPR is in agreement, the RPR will contact the City to agree on a schedule for conducting a substantial completion "walk-through" inspection of the Work. RPR shall attend and participate in the substantial completion "walk-through", perform a substantial completion inspection with the Contractor, AIE Consultant and the City, and prepare a master punch list that describes items remaining to be completed. This master punch list will be attached to the certificate of substantial completion. Final Completion and Project Closeout: When the Contractor considers that the Work has reached Final Completion, the Contractor will notify the RPR who will verify that the work has progressed to the Final Completion point in accordance the Contract Documents. If the RPR is in agreement, the RPR will contact the City to agree on a schedule for conducting a Final Completion "walk-through" inspection of the Work. RPR shall attend and participate in the Final Completion "walk-through" and perform a Final Completion inspection with the Contractor, AIE Consultant and the City. If the work is determined to be incomplete, RPR and other attendees will each develop a punch list of items requiring completion or correction prior to consideration of final acceptance of each project which shall be forwarded to the Contractor by the RPR for each project. RPR will complete all necessary close-out and construction completion forms and documentation in coordination with the City for the projects. The RPR will work with the A/E Consultant and the Contractor, as necessary to ascertain materials required for the closeout binder, as required by the City, and review the Operation and Maintenance manuals for each project for completeness prior to forwarding documentation to the city. Once all parties determine the work is complete and the Contractor has delivered all close-out documentation to the City, the RPR will prepare a Final Certificate for Payment. The RPR will be responsible for providing final certifications based on the entire scope of work for each of the projects. RFQ PROCESS On April 13, 201 1, the Mayor and City Commission retroactively approved the issuance of Request for Qualifications (RFQ) No. 22-01 011 1, for Resident Project Representative Services Commission Memorandum - RFQ# 22-1 0-1 1 for RPR Services for Right-of-way lmprovements to Neighborhood No. 8, Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C). May 11,2011 Page 8 for Right-of-way lmprovements to Neighborhood No. 8, Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C). RFQ No. 22-01 011 1 was issued on March 25, 201 1, with an opening date of April 15, 201 1. A pre-proposal conference to provide information to the proposers submitting a response was held on April 1, 201 1. BidNet issued bid notices to 371 prospective proposers, BidSync (formerly known as RFP Depot) issued bid notices 6,107 prospective proposers of which 25 viewed the notice, and more than 100 local proposers were notified via mail, e-mail, which resulted in the receipt of the following thirteen (1 3) proposals: 1. Chen and Associates d/b/a Chen-Moore and Associates 2. Corzo Castella Carballo Thompson Salman (C3TS) 3. ClMA Engineering Corp. 4. SRS Engineering, Inc 5. The Corradino Group, lnc 6. Schwebke- Shiskin & Associates, Inc 7. CMTS 8. Wolfberg Alvarez & Partners 9. A&P Consulting Transportation Engineers, Corp. 10. URS Corporation Southern 11. Craven Thompson & Associates, Inc 12. Calvin Giordano & Associates, Inc 13. ATKINS (PBS&J) On April 7, 201 1, the City Manager via Letter to Commission (LTC) No. 081 -201 1, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: Hector Castro, Assistant Director, Public Works Janette Fernandez-Arencibia, Capital Projects Coordinator, CIP Max Berney , Resident and Leadership Academy Graduate Michael Alvarez, Director, Infrastructure Division, Public Works Muayad Abbas, Resident and Leadership Academy Graduate Alternates: Carol Housen, Resident and Leadership Academy Graduate Fred Karlton, ClPOC member Resident Max Berney was unable to devote the time to participate on the committee at this time and therefore, resident, Carol Housen, was appointed to the Committee to replace Mr. Berney. The Committee convened on April 26, 201 1, and a quorum was attained. The Committee was provided with general information on the scope of services, Performance Evaluation Surveys and additional pertinent information from all responsive proposers. Commission Memorandum - Neighborhood No. 8, Central Pancoast (Package C). RFQ# 22-10-1 1 for RPR Services for Right-of-way Improvements to Bayshore (Package A), Lower North Bay Road (Package B), and Lake May 11,2011 Page 9 The following Evaluation Criteria was used to evaluate and rank the groups or individuals: the Small Business Administration (SBA), State of Florida, Miami-Dade County and/ does not violate the principle of selection of the most The Committee discussed their individual perceptions of the proposer's qualifications, experience, and competence, and further ranked the proposers accordingly. A motion was presented by Hector Castro, seconded by Janette Fernandez-Arencibia and unanimously approved by all Cfimittee members to recommend short listing the top five (5) ranked proposers: 1. A & P Consulting Transportation Engineers, Corp. 2. Calvin Giordano & Associates, Inc. 3. Atkins (PBS&J) 4. Chen & Associates d/b/a Chen Moore and Associates 5. URS Corporation Southern Commission Memorandum - RFQ# 22-10-1 I for RPR Services for Right-of-way Improvements to Neighborhood No. 8, Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C). May 11,2011 Page 10 The Committee recommended inviting the aforementioned proposers to make presentations with the intent of focusing the discussion on the Scope of Service relative to these projects and the methodology and approach to be utilized by the proposer in order to represent the City of Miami Beach on said projects. The Committee's score and rankings were as follows: A&P CONSULTING TRANSPORTATION CORZO CASTELLA CARBALLO CRAVEN THOMPSON & WOLFBERG ALVAREZ & The Committee convened on April 29, 201 1, and a quorum was attained. The Committee was provided with presentations from all shortlisted proposers. The Committee discussed their individual perceptions of the proposer's qualifications, experience, and competence, and further ranked the proposers accordingly. Commission Memorandum - RFQ# 22-10-1 1 for RPR Services for Right-of-way Improvements to Neighborhood No. 8, Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C). May 11,2011 Page 11 The Committee was informed that the Administration would prefer not having the same proposer for all package; (A, B, and C) and therefore, the Committee was requested to recommend, to the best of their ability, one proposer for packages A & C and one proposer for package B. CIP Acting Assistant Director, Charles Fossler, and committee member and Project Manager for package B, Janette Fernandez-Arencibia, provided an overview for each package and further described the scope of work, the requirements, and challenges for each package. The Committee's final rankings are as follows: FINAL RANKINGS CALVIN GIORDANO & A&P CONSULTING TRANSPORTATION The Committee recommended for packages A & C, the following rankings: 1. Atkins (PBS&J) 2. Chen & Associates d/b/a Chen Moore and Associates 3. Calving Giordano & Associates, inc. The Committee recommended for package B, the following rankings: 1. Chen & Associates d/b/a Chen Moore and Associates 2. Atkins (PBS&J) 3. Calving Giordano & Associates, Inc. Moreover, in order to avoid that the same proposer would be recommended for all packages, the committed further recommended that if successful negotiations are reach with the top ranked proposer for one of the packages, said proposer will not be considered for award in the order package. Commission Memorandum - RFQ# 22-10-1 1 for RPR Services for Right-of-way lmprovements to Neighborhood No. 8, Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C). May 11,2011 Page 12 A motion was presented by Janette Fernandez-Arencibia, seconded by Michael Alvarez and unanimously approved by all Committee members to recommend entering into negotiations with the top two (2) ranked proposers: Atkins (PBS&J) and Chen & Associates d/b/a Chen Moore and Associates; and should the Administration not be successful in negotiating an agreement with the top-ranked proposers, authorizing negotiations with the second-ranked or third-ranked proposer for each package. COMPANY'S FROFILES ATKINS (FORMELY PBS&J) Atkins, formerly PBS&J, is listed on the London Stock Exchange and is the World's I lth largest design proposer. Ranked 3oth on Engineering News-Record's annual list of the top engineering design proposers in the nation. Atkins was founded in 1960, since then, Atkins has expanded its service throughout the country, and their CEI and Resident Project Representative (RPR) experience ranges from minor signalizations and intersection upgrade to major roadway and bridge construction. Teresa Driskell, PE, CPM will be the Project Manager for this effort. She is a results-oriented leader with over 16 years of substantial engineering, inspection, and construction manager experience. Atkins will be joined in this endeavor by RADISE International, LC for geotechnical engineering and material testing, and Dickey Consulting Services, Inc for public information services. The following are several similar projects which represent Atkins' qualifications and experience: Kendall Town Center Site Development and Roadway Widening Design and Construction Phase Services SR 60 Corridor CEI, Multiple Florida Counties: Fort Pierce, Vero Beach, lndian River County, and Osceola County. Indian River County Signal Group 4 Construction Engineering and Inspection (CEI) Services. Florida's Turnpike Enterprise Group D Project, multiple Florida Counties: Fort Pierce, Port St. Lucie, lndian River County, Martin County. NW 116'~ Way Bridge CEI Services, Town of Medley. Hendry Project Grouping, CEI Services, Hendry County. AIA from Ocean Drive to the Martin County Line Resurfacing and Widening, CEI Services, Stuart. Freedom Park CEI Services, Collier County. Estero Parkway CEI Services, Lee County. Hurricane Wilma and Katrina Remediation Services, Fort Lauderdale City of Doral Intersection Stormwater lmprovements Survey, Design, and Construction. Miami-Dade College Plan Review and lnspection Services. lmmokalee Road Six-Laning CEI Services, Naples. Commission Memorandum - RFQ# 22-10-1 1 for RPR Services for Right-of-way Improvements to Neighborhood No. 8, Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C). May 11,2011 Page 13 Beach Parking Lots and Miscellaneous Improvements, Clearwater. Basin 35 Stormwater Improvement and Site Plan Review, Miami Springs City of Miami Work Program Development for Stormwater Improvements. CALVIN GIORDANO & ASSOCIATES, INC ("CGA"] GCA is a multi-disciplinary firm that continues to provide quality construction management services for South Florida municipalities since 1983. Today, with approximately 200 employees, CGA provides a broad range of services, including construction management and construction engineering and inspection services, surveying landscape architecture, geographic information system, transportation engineering, environmental services, planning, data technology and development, website and multimedia development, indoor air quality, and emergency management. The team possesses the expertise to assist with numerous specialized construction services such as constructability reviews, traffic control plan analysis, environmental services, public information, survey, utility coordination, schedule and claims analysis, innovative contracting method recommendations, value engineering proposals, and innovative project-specific special provision development to address unique technical or administrative aspects of a project. The project will be handled out of the 1800 Eller Drive, Suite 600, Fort Lauderdale, Florida off ice. The assigned Project Manager, Robert McSweeney, has more than 20 years of civil engineering/construction management experience in the South Florida area. He is an expert in the selection, setup, management, and control of all aspects of projects employing resident project representative services. CGA will be joined in this endeavor by Palm Engineering Group for infrastructure and land development, and Electrical Design Associates, Inc for electrical, HVAC and plumbing design. The following are several similar projects which represent CGA's qualifications and experience: * Community Enhancement Project Engineering, Phase I and 11, Bay Harbor Islands. Community Enhancement Watermain Replacement Phase Ill, Bay Harbor Islands. Town of Surfside Stormwater Master Plan. Capital improvement Program, Sunny Isles. Collins Avenue to North Bay Road, Sunny Isles. Atlantic Boulevard Roadway Reconstruction Project, Pompano Beach. Hallandale Beach NE Quadrant Drainage Badn Study & Implementation. Surfside Water Main Replacement Phases I-Ilk Joe Dimagio Hospital. Hollywood. Broad Causeway toll plaza, Miami-Dade County. NE 2"d Street Water Main Replacement, Dania Beach 27th Street Water Main Replacement, Miramar. * S.R. 710 (Martin Luther King, Jr. Blvd. Utilities Relocation, Rivera Beach. College Avenue Roadway Improvements, Davie. Large Scale Force Main Projects, Towns of Davie and Cooper City. 3oth Avenue Forcemain, City of Hollywood. Commission Memorandum - RFQ# 22-10-1 1 for RPR Services for Right-of-way improvements to Neighborhood No. 8, Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C). May 11,2011 Page 14 Hard Rock Casino and Hotel, Hollywood. Horizontal Directional Drill Water Main Replacement, Dana Beach. 1-595 Express Lane Project. Fort Lauderdale. Interchange Improvements for 1-75 and Arvida Parkway, Broward County. Traffic Analysis Weston Roundabouts. CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending that the Mayor and the City Commission authorize negotiations for packages A, B, & C with my top-ranked proposer, Atkins (PBS&J); and should the Administration not be successful in negotiating an agreement with my top-ranked proposer, authorizing negotiations with my second-ranked proposer, Calvin Giordano & Associates Inc, and should the Administration not be successful in negotiating an agreement with my second-ranked proposer, authorizing negotiations with my third-ranked proposer, A & P Consulting Transportation Engineers, Corp. The Administration recommends that it would be in the best interest of the City to retain the same proposer for packages A, B, & C since the three packages are located within the same Bayshore neighborhood. In addition, the CCNA requires that the City considers the volume of work previously awarded to each firm with the object of effecting an equitable distribution of contracts among qualified firms. The first-ranked proposer by the Committee, Atkins (PBS&J), has been awarded by the City the following projects which represent a total amount of $ 1,422,090: Building Department Interior Remodel Permit Plans Preparation Services, General Transportation Planning and Traffic Engineering Services, Hurricane Wilma, 1-95 Hot Lanes Analysis, Must Park Renovations Architectural Services, and South Pointe Pier Park. The second-ranked proposer by the Committee, Chen & Associates, Inc dlbls Chen Moore and Associates, has been awarded by the City the following projects which represent a total amount of $5,904,270: Bayshore Sunset Island 1 & 2, City Center 9A, City Center 9B, City Center 9C, South Pointe Phases Ill, IV, IV, and V Row of Way, and Utility Sunset 1 & 2 Outfalls. The third-ranked proposer by the Committee, Calvin Giordano & Associates, Inc., has only been awarded the North Shore Right-of-way Project at a total amount of $1,490,282, significantly less volume of work than Chen & Associates, Inc dlbls Chen Moore and Associates. The fourth-ranked proposer by the Committee, A & P Consulting Transportation Engineers, Corp., has been awarded by the City the following projects which represent a total amount of $2, 225,825: Design Build for Neighborhood No.7- Nautilus Infrastructure Improvements, 44th Street Drainage Improvements, Design-Build for Washington Avenue, Improvement Phases II, IV, & V, and Design-Build for Lummus Neighborhood Improvement. Commission Memorandum - RFQ# 22-10-1 I for RPR Services for Right-of-way lmprovements to Neighborhood No. 8, Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C). May 11,2011 Page 15 Therefore, with the intent of equitably distributing the work awarded by the City, I am recommending awarding packages A, B & C to my top-ranked proposer, Atkins (PBS&J), and should the Administration not be successful in negotiating an agreement with my top-ranked proposer, authorizing negotiations with my second-ranked proposer, Calvin Giordano & Associates Inc, and should the Administration not be successful in negotiating an agreement with my second-ranked proposer, authorizing negotiations with my third-ranked proposer, A & P Consulting Transportation Engineers, Corp. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accepts the recommendation of the City Manager pertaining to the ranking of proposals pursuant to Request for Qualifications (RFQ) No. 22-01011 1 for Resident Project Representative Services for Right-of-way lmprovements to Neighborhood No. 8, Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C).; Authorizing the Administration to negotiate packages A, B & C with the top-ranked proposer, Atkins (PBS&J), and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiation with the second-ranked proposer, Calvin Giordano & Associates Inc, and should the Administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, A & P Consulting Transportation Engineers, Corp. T:\AGENDA\2011\5-11-1 l\RFQ-22-10-11 - RPR Services- Memo.doc RESOLUTION TO BE SUBMITTED THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.rniarnibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: May 11,2011 SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING BY 517THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST; AND APPROVING THE PURCHASE OF ONLY DIESEL FUEL AT THE HESS AND/OR SHELL STATION IN THE NORTH END OF THE ClTY OF MIAMI BEACH. ADMINISTRATION RECOMMENDATION Adopt the resolution. FUNDING $75,000.00Near Fleet Management Engine Fuel & Lubricants Account No. 51 0-1 780-000351 KEY INTENDED OUTCOME SUPPORTED Increase resident ratings of Public Safety services Ensure well maintained infrastructure - Maximize efficient delivery of services ANALYSIS The Administration is recommending that the City Commission approve the purchase of only diesel at the HESS or Shell station. The City of Miami Beach Fire department presently purchases diesel fuel from the HESS station in the North end. Normally the annual cost of diesel fuel is under the $25,000 dollar limit. Fuel prices have almost doubled requiring the Fleet Management department to go to Commission for approval of purchases over $25,000 dollars. The benefit of purchasing diesel fuel for rescue vans and fire trucks in the North end is to eliminate the need for these units to fill up at the Fleet Management facility are as follows: 1. Six (6) to Seven (7) miles each way. 2. Increased response time. 3. Reduce the wear and tear on each unit. 4. Less possibility of an accident. 5. Units and resources are not out of their zone. 6. SOP requires maintaining fuel tanks above three quarters (314) at all times. Location of surrounding stations in the North End: Hess 1508 79" Street Causeway, North Bay Village Open 2417 Diesel - Yes Shell 1345 Kennedy Causeway, North Bay Village Open 24/7 Diesel - Yes Shell 337 71'' Street, Miami Beach Diesel - No Chevron 401 71'' Street, Miami Beach Diesel - No Chevron 2057 71St Street, Miami Beach Diesel - No Estimated Monthly usage expected approximately 1,200 gallons. CONCLUSION The City purchases fuel in bulk and typically runs between 30$ to 35$ per gallon less than the service stations. Considering the employees time; out of the zone; wear and tear on the vehicle and response time in case of an emergency, it is in the best interest of the City to purchase fuel from the Hess or Shell station in the North End. JMG/DB/AET/~~~ F:WECH~ALLLJOYCE\Cornmission rnemos\lO-1 l\HESS SHELL DIESEL FUEL COMMISSION MEMO.doc RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMlSSllON OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING BY 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND APPROVING THE PURCHASE OF DIESEL FUEL FROM THE HESS AND/OR SHELL STATIONS, IN THE NORTH END OF THE ClTY OF MIAMI BEACH. WHEREAS, purchasing fuel from the Hess andlor Shell stations located at the North end of the City, will enable the Fire Department (particularly Fire Station numbers 3 and 4) to continue supporting the life safety of the citizens of Miami Beach and ensure response times are maintained, offsetting the need to fuel at the Fleet Management facility; and WHEREAS, Fleet Management Facility is at the Southern end of the City of Miami Beach, located on Terminal Island; approximately six (6) to seven (7) miles between either Fire Station and the Fleet Management facility; and WHEREAS, traffic between either Fire Station and the Fleet Management Facility can take in excess of one (1) to two (2) hours round trip (excluding any accidents or events the City may sponsor), and, more importantly, the unit is out of its zone and would significantly reduce response time; and WHEREAS, fueling at the Hess andlor Shell station will also provide a secondary means in the event of a hurricane or disaster, both before and after, for the continued operation of the Fire Department; and WHEREAS, consideration must be taken in to account with the increased wear and tear on the Rescue Vans and Fire Trucks by driving the extra mileage to obtain fuel; and WHEREAS, consideration must be taken in to account with regard to the combine employee hours the Rescue Vans require three (3) employees on board, and the Fire Trucks require four (4) employees on board; and WHEREAS, consideration must be taken in to account that when the fuel gauge reading goes below three quarters (314) of a tank, they are required to fill the fuel tanks, per Fire Department Standard Operating Procedures; and 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 waive, by 517~~' vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest and approve the purchase of only diesel fuel from the local Hess and/or Shell stations in the North End of the City. PASSED and ADOPTED this day of ,2011. MAYOR ATTEST: ClTY CLERK APPROVED AS FORM & LANGUAGE THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor And City Commission Approving Pursuant To Section 2-367 (d) Of The Miami Beach City Code, The Sole Source Annual Maintenance For Cityworks From Azteca Systems, Inc. Key Intended Outcome Supported: Improve processes through information technology Issue: I Shall the Commission Adopt the Resolution? 1 Item Summary/Recommendation: Cityworks is operational and has been in use by the Public Works Utilities Divisions for Water, Storm Water, Sewer, Streets, Sanitation and GIs since May 2006, and has been in use in Engineering since June 2010. Cityworks has fulfilled Public Works Utilities Divisions' requirements for the past five (5) years. Recently, Cityworks was implemented for the Convention Center, and is currently being implemented for the Property Management Division of Public Works. The City's WebQA portal allows citizens to file a service request directly into Cityworks without any manual data entry. The City has used, and is using, other Asset Management Systems and is currently in the process of replacing these systems with Cityworks, which will result in an annual savings of $80,000. Azteca Systems, Inc. designs, creates and owns the Cityworks software, including the copyright and trademark ownership, and is the sole source provider and licensor of the software, and the sole source provider for software maintenance services within the United States. The cost of the annual maintenance has been determined to be fair and reasonable. In January 2010, the GIs Manager as a result of negotiations with the President and CEO of CityworksIAzteca Systems, Inc., reduced the annual maintenance cost from $46,000 to $40,000.00 for the year 2010, and to $43,295 annually for 201 1,201 2 and 201 3. If the sole source annual maintenance is not approved, the City will not receive necessary updates on the software, will not receive any support in fhe use of the software, and will have to purchase a different software package in the future. I The Administration recommends adopting the resolution I Advisory Board Recommendation: I NlA Financial Information: I source of I Amount Account I Approved I Funds: m u OBPl 1 Financial Impact Summary: I $43,295 Total $43,295 Contract Maintenance Acct No. 550-1 750-000325 . . City of Miami Beech, 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: May 1 I, 201 1 u SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE SOLE SOURCE ANNUAL MAINTENANCE OF CITYWORKS SOFTWARE PURSUANT TO SECTION 2-367 (d) OF THE MIAMI BEACH ClTY CODE, FROM AZTECA SYSTEMS, INC., WHICH DESIGNS, CREATES, AND OWNS CITYWORKS SOFTWARE, INCLUDING COPYRIGHT AND TRADEMARK OWNERSHIP, AND IS THE SOLE SOURCE PROVIDER OF THE SOFTWARE AND THE SOFTWARE MAINTENANCE SERVICES WITHIN THE UNITED STATES, IN THE ESTIMATED ANNUAL AMOUNT OF $43,295. ADMINISTRATION RECOMMENDATION Adopt the resolution. AMOUNT AND FUNDING $43,295 Funding is available from Contract Maintenance Account No.550-1750-000325 KEY INTENDED OUTCOMES SUPPORTED Improve process through information technology. BACKGROUND The implementation of Cityworks from Azteca Systems, Inc. was part of the original proposal for an Infrastructure Management System (IMS) in the Public Works Division, which included a Computerized Maintenance Management System (CMMS) integrated with a Geographic Information System (GIs). A Request for Proposals (RFP) was issued in 2004. The contract for the development of the CMMS portion of the project was awarded to Camper Dresser, McKee, Inc. (CDM) in 2005. Cityworks from Azteca was selected to be the best software system based on this RFP. Cityworks software was purchased for the City as part of the CMMS project. Cityworks is operational and has been in use by the Public Works Utilities Divisions for Water, Storm Water, Sewer, Streets, Sanitation and GIs since May 2006, and has been in use in Engineering since June 2010. Cityworks has fulfilled Public Works Utilities Divisions' requirements for the past five (5) years. Recently, Cityworks was implemented for the Convention Center, and is currently being implemented for the Property Management Division of Public Works. Cityworks Sole Source Maintenance May 11,2011 Page 2 of 2 The City's WebQA portal allows citizens to file a service request directly into Cityworks without any manual data entry. The City has used, and is using, other Asset Management Systems and is currently in the process of replacing these systems with Cityworks, which will result in an annual savings of $80,000. ANALYSIS Azteca Systems, Inc. designs, creates and owns the Cityworks software, including the copyright and trademark ownership, and is the sole source provider and licensor of the software, and the sole source provider for software maintenance services within the United States. (See attached letter). The Administration regularly compares the performance of Cityworks with other available systems such as Maximo Asset Management System from IBM, and Datastream from Infor, and has determined that Cityworks from Azteca delivers a better solution for a lower annual cost than these other systems. The cost of the annual maintenance has been determined to be fair and reasonable. In January 201 0, the GIs Manager as a result of negotiations with the President and CEO of CityworksIAzteca Systems, lnc., reduced the annual maintenance cost from $46,000 to $40,000.00 for the year 2010, and to $43,295 annually for 201 1,201 2 and 201 3. Paying the annual maintenance fee will allow the City to continue to utilize Cityworks. The existing site license allows use of the software for an unlimited amount of users. If the City were to purchase other available software modules, these modules would need to be purchased from Azteca Systems, Inc. for compatibility reasons. If the sole source annual maintenance is not approved, the City will not receive necessary updates on the software, will not receive any support in the use of the software, and will have to purchase a different software package in the future. The cost of implementation and new software package, and the conversion of the existing data, can be estimated to be over $500,000, and the annual maintenance cost would be similar to the existing Cityworks maintenance cost. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached resolution approving pursuant to Section 2-367(d) of the Miami Beach City Code, the sole source annual maintenance of Cityworks Software from Azteca Systems, Inc., which designs, creates, and owns Cityworks Software, including copyright and trademark ownership, and is the sole source provider of the software and the software maintenance services in the United States, in the estimated annual amount of $43,295. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE SOLE SOURCE PURCHASE, PURSUANT TO SECTION 2-367 (D) OF THE ClTY CODE FOR ANNUAL MAINTENANCE OF CITYWORKS SOFTWARE FROM AZTECA SYSTEMS, INC., IN THE ESTIMATED ANNUAL AMOUNT OF $43,295, WHICH DESIGNS, CREATES, AND OWNS CITYWORKS SOFTWARE, INCLUDING COPYRIGHT AND TRADEMARK OWNERSHIP WHEREAS, Cityworks software from Azteca Systems, Inc. is operational and has been in use by the Public Works Utilities Divisions for water, stormwater, sewer, streets, sanitation and GIs since May 2006, and has been in use in Engineering since June 2010; and WHERAS, Cityworks was implemented for the Convention Center, and is currently being implemented for the Property Management Division of Public Works; and WHEREAS, the City's WebQA portal allows citizens to file a service request directly into Cityworks without any manual data entry; and WHEREAS, the City has used, and is using, other Asset Management Systems and is currently in the process of replacing these systems with Cityworks, which will result in an annual savings of $80,000; and WHEREAS, Azteca Systems, Inc. designs, creates and owns the Cityworks software, including the copyright and trademark ownership, and is the sole source provider and licensor of the software, and the sole source provider for software maintenance services within the United States; and WHEREAS, as provided pursuant to Section 2-367 (d) of the Miami Beach City Code, the Administration has determined Azteca Systems, Inc. meets the requirements for sole a source provider of maintenance of its Cityworks software. NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Commission hereby authorize pursuant to Section 2-367 (d) of the Miami Beach City Code, the sole source purchase for annual maintenance of Cityworks software from Azteca Systems, Inc., in the estimated annual amount of $43,295. PASSED and ADOPTED this day of ,201 1 MAYOR Mattie Herrera Bower ATTEST: APPROVED AS TO FORM & LANGUAGE ClTY CLERK Robert Parcher T:MGENDA\2011\5-11-1 I\Azteca Sole Source Reso.doc City of Miami Beach a Gus Lopez, CPPO, Procurement Director CITY HALL . PROCUREMENT DIVISION -- 3rd Floor 1700 Convention Center Drive, Miami Beach, FL 33139 j Subject: Azteca Systems, Inc. Cityworks Sole Source i Dear Mr. Lopez: i February 24,2010 As you have requested, this letter confirms that Azteca Systems, Inc. designs, creates and owns the Cityworks software including the Copyright and Trademark ownership, and is the sole source provider and licensor of the software, and the sole source provider for software maintenance services with in the United States of America. Should you have any further questions please contact me at (801) 523-2751 or if you prefer email at bhaslam@azteca.com. I Sincerely 1 Brian L. Haslam i President / CEO j Cityworks I Azteca Systems, Inc. THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A Resolution Approving Amendment No. 1 to the 44'" Street Drainage lmprovements with Central Florida Equipment Rentals, Inc. to construct the Muss Park Greenspace Expansion 1 Chase Avenue Realignment. Key Intended Outcome Supported: Ensure well maintained infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Community Satisfaction Survey, only 85% of residents rated recreational programs and facilities as "excellent" or "good." 1 Issue: I Shall the City Commission appropriate the funds? Item SummarylRecommendation: The City developed the Muss Park Greenspace Expansion I Chase Avenue Realignment Project to simultaneously correct a non-standard intersection, add over 18,000 square feet of open space to Muss Park, and introduce environmentally friendly elements to the adjacent parking lot. This work has been on hold pending the completion of the 44tht~treet Drainage lmprovements Project that required construction of an outfall through the Park. As the 44 Street Drainage lmprovements Project is now substantially complete, the outfall installed, and the bike route signage in place, the Muss Park Greenspace Expansion I Chase Avenue Realignment Project can now move forward. Ci$ staff believes that it is in the best interest of the City to awarfhthis work to CFER, the contractor for the 44 Street Drainage Improvements. The project limits of the 44 Street Drainage lmprovements overlap the project limits of the Muss Park Greenspace Expansion 1 Chase Avenue Realignment. As a result, CFER has detailed survey data for the site with information on the above ground conditions and below ground utilities. CFER has field and management staff familiar with the area. Further, CFER has open permits with Miami-Dade Department of Environmental Resource Management and the South Florida Water Management District that only require modification, whereas a new contractor would have to undertake the lengthy permitting process from the beginning. CFER originally submitted a proposal in the amount of $500,000. Staff negotiated with CFER and conducted value engineering in order to reduce the price to $440,000, to which City staff and CFER have agreed. Staff also requests a contingency in the amount of $44,000 to cover materials testing and unforeseen conditions. This results in a total request of $484,000. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: I ClPOC recommended approval at its March 7, 201 1 meeting. City Clerk's Office Legislative Tracking: I Richard Saltrick, Acting City Engineer, ext.6565 Financial Information: BEACH 12, AGEM13.A ITEM c 7F GI/-// Account Quality of Life Resort Tax Fund - 1 % Source of Funds: - OBPl Financial Impact Summary: NIA 1 2 Total Amount $484,000 $484,000 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 Citg Commission FROM: Jorge M. Gonzalez, City Manager DATE: May 1 1, 201 1 SUBJECT: A RESOLUTION OF THE MAYOR AND THE ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA APPROVING AND AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE 44th STREET DRAINAGE IMPROVEMENTS AGREEMENT WlTH CENTRAL FLORIDA EQUIPMENT RENTALS, INC., DATED FEBRUARY 5, 2010; SAID AMENDMENT IN THE AMOUNT OF $484,000, FOR THE CONSTRUCTION OF THE MUSS PARK GREENSPACE EXPANSION 1 CHASE AVENUE REALIGNMENT PROJECT; WlTH PREVIOUSLY APPROPRIATED FUNDING FROM FUND 161 QUALITY OF LIFE. ADMINISTRATION RECOMMENDATION Approve the award of contract. FUNDING Funding is available from previously appropriated funds, in the amount of $484,000 from Quality of Life. BACKGROUND The 44'h street Drainage Improvements scope of work consists of completing a City prepared conceptual drainage design, obtaining the required permits with all applicable regulatory agencies, and construction of storm water infrastructure in accordance with the approved contract documents. The work extends from the Muss Park seawall through Royal Palm Avenue. ITB No. 59-08/09 was issued on August 31, 2009, with an opening date of September 30, 2009. The pre-bid conference was held on September I I, 2009. There were four bids: a Central Florida Equipment Rentals, Inc. (CFER) Horizon Contractors, Inc. M Vila &Associates, Inc. Ric-Man International, Inc. On October 6, 2009, a Technical Review Panel (TRP) convened, evaluated, and ranked the companies. The TRP discussed their individual perceptions of each proposer's qualifications, experience, and competence, and ranked the firms accordingly. The TRP voted unanimously to recommend CFER for contract award in the amount of $626,130, which was approved by City Commission On October 14, 201 1. In accordance with the contract requirements, the City issued the Notice to Proceed for the design portion of the work on February 24, 2010. Design and geotechnical fieldwork began the week of April 5, 2010. In August and September 2010, permits were obtained 128 City Commission- Muss Park Greenspace Expansion / Chase Avenue Realignment May 11,201 1 Page 2 of 2 from the various regulatory agencies for the project. On October 18, 2010, the Contractor mobilized with delivery of materials and equipment to the job site. On February 8, 201 1, the Contractor achieved substantial completion. ANALYSIS The City developed the Muss Park Greenspace Expansion / Chase Avenue Realignment Project to simultaneously correct a non-standard intersection, add over 18,000 square feet of open space to Muss Park, and introduce environmentally friendly elements to the adjacent parking lot. At present, Chase Avenue terminates at Prairie Avenue north of 44th Street in a in a sharp angled "Y intersection. There is also 90" parking on the west side of Chase Avenue for Muss Park. (Attachment A) It is proposed to terminate Chase Avenue at Prairie Avenue south of 44th Street with a standard "T intersection. In addition to improving this intersection, the realignment creates additional space for Muss Park, the opportunity to create a parking lot with environmentally friendly xeriscaping and irrigation; a basketball court, and a relocated pedestrian signal. (Attachment B) This work has been on hold pending the completion of the 44th Street Drainage lmprovements Project that required construction of an outfall through the Park. As the 44th Street Drainage lmprovements Project is now substantially complete, the outfall installed, and the bike route signage in place, the Muss Park Greenspace Expansion 1 Chase Avenue Realignment Project can now move forward. City staff believes that it is in the best interest of the City to award this work to CFER, the contractor for the 44th Street Drainage Improvements. The project limits of the 44th Street Drainage lmprovements overlap the project limits of the Muss Park Greenspace Expansion / Chase Avenue Realignment. As a result, CFER has detailed survey data for the site with information on the above ground conditions and below ground utilities. CFER has field and management staff familiar with the area. Further, CFER has open permits with Miami-Dade Department of Environmental Resource Management and the South Florida Water Management District that only require modification, whereas a new contractor would have to undertake the lengthy permitting process from the beginning. CFER originally submitted a proposal in the amount of $500,000. Staff negotiated with CFER and conducted value engineering in order to reduce the price to $440,000, to which City staff and CFER have agreed. Staff also requests a 10% contingency in the amount of $44,000 to cover materials testing and unforeseen conditions. This results in a total request of $484,000. CONCLUSION The Administration recommends approval of Amendment No. 1 to the 44th Street Drainage lmprovements project with Central Florida Equipment Rentals, Inc. to construct the Muss Park Greenspace Expansion / Chase Avenue Realignment Project in the amount of $484,000 plus a contingency of $44,000 for a total of $484,000 from previously appropriated funds. Attachments: A. Existing Condition Plan B. Proposed Condition Plan DRBIFHBIHDCIRWS T:\AGENDA\2011\5-11-1 I\Muss Park lmprovements and Chase Ave Realignment - Memo.doc ATTACHMENT A -- id" JUc d'lVpY Yld UL'b .r v.;rl;p:w; ,X~.da3mmim~ti115\4*-4> q17b *hshl\n. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND THE ClN COMMISSION OF THE ClN OF MIAMI BEACH, FLORIDA APPROVING AND AUTHORIZING THE MAYOR AND CIN CLERK TO EXECUTE AMENDMENT NO. 1 TO THE 44th STREET DRAINAGE MPROVEMENTS AGREEMENT WlTH CENTRAL FLORIDA EQUIPMENT RENTALS, INC., DATED FEBRUARY 5, 2010; SAID AMENDMENT IN THE AMOUNT OF $484,000, FOR THE CONSTRUCTION OF THE MUSS PARK GREENSPACE EXPANSION I CHASE AVENUE REALIGNMENT PROJECT; WlTH PREVIOUSLY APPROPRIATED FUNDING FROM FUND 161 QUALIN OF LIFE. WHEREAS, the 44th Street Drainage lmprovements Project scope of work consists of completing a City prepared conceptual drainage design, obtaining the required permits with all applicable regulatory agencies, and construction of storm water infrastructure in accordance with the approved contract documents; and WHEREAS, the work extends from the Muss Park seawall through Royal Palm Avenue; and WHEREAS, on October 14, 2009, the City Commission approved awarding the project to Central Florida Equipment Rentals, Inc., as the recommended bidder pursuant to Invitation Bid No. 59-08/09 ; and WHEREAS, the City created a capital project entitled Muss Park Greenspace Expansion 1 Chase Avenue Realignment to simultaneously correct a non-standard intersection, add substantial space to Muss Park, and introduce environmentally friendly elements to the adjacent parking lot; and WHEREAS, the Muss Park Greenspace Expansion / Chase Avenue Realignment has been on hold pending the completion of the 44th Street Drainage lmprovements Project that required construction of an outfall through Muss Park; and WHEREAS, the 44th Street Drainage lmprovements Project is now substantially complete and the outfall is installed; and WHEREAS, staff believes that it is in the best interest of the City to award this work to Central Florida Equipment Rentals, Inc., the contractor for the 44th Street Drainage Improvements; and WHEREAS, the project limits of the 44th Street Drainage lmprovements Project overlaps the project limits of the Muss Park Greenspace Expansion / Chase Avenue Realignment; and WHEREAS, Central Florida Equipment Rentals, Inc. has detailed survey data for the site with information on the above ground conditions and below ground utilities; and WHEREAS, Central Florida Equipment Rentals, Inc. has field and management staff familiar with the area; and WHEREAS, Central Florida Equipment Rentals, Inc. has open permits with Miami-Dade Department of Environmental Resource Management and the South Florida Water Management District that only require modification, whereas a new contractor would have to undertake the lengthy permitting process from the beginning; and 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 and authorize the Mayor and City Clerk to execute Amendment No. 1 to the 44th Street Drainage lmprovements Agreement with Central Florida Equipment Rentals, Inc., dated February 5, 2010; said amendment in the amount of $484,000, for the construction of the Muss Park Greenspace Expansion I Chase Avenue Realignment Project; with previously appropriated funding from fund 161 Quality of Life. PASSED AND ADOPTED this 11 th day of May, 201 1. ATTEST: Robert . Parcher, City Clerk Matti Herrera Bower, Mayor T:\AGENDA\2011\5-11-1 ?\Muss Park lmprovements and Chase Ave Realignment - Reso.doc APPROVED AS TO FORM & LANGUAGE a FOR EXECUTION 5 (2. [rc Date THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Zondensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The City Manager, Pursuant To Request For Qualifications (RFQ) NO. 20-1011 1, For Design, Bid, Award, And Construction Administration Services For The Middle Beach Recreational Corridor Phase II Project; And Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Firm, Coastal Systems International, Inc.; And Should The Administration Not Be Able To Successfully Negotiate An Agreement With The Top-Ranked Firm, Authorizing The Administration To Negotiate With The Second-Ranked Firm, Calvin, Giordano & Associates, Inc.; And Should The Administration Not Be Able To Negotiate An Agreement With The Second-Ranked Firm, Authorizing The Administration To Negotiate An Agreement With The Third-Ranked Firm, Kimley-Horn & Associates, Inc. (ey Intended Outcome Supported: Ensure well-maintained infrastructure Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that 79% of businesses rated recently completed capital improvement projects as "excellent" or "good." - ssue: Shall the Mayor and City Commission adopt the Resolution? tem SummarylRecommendation: The Middle Beach Recreational Corridor (MBRC) Phase II consists of the construction of an on-grade pedestrian walkway encompassing eighteen (18) City blocks or approximately 9,305 feet. The pathway will be constructed along the western side of the coastal dunes and east of oceanfront properties. It will run north from approximately 46th Street to Allison Park at 6dh Street to the southern terminus of the existing North Beach Recreational Corridor. The pathway will also serve as a portion of the coastal northlsouth connector in the larger Atlantic Greenway Network (AGN), which supports the sustainable initiative of Alternative Transportation throughout the City. This project requires that the path be designed and constructed utilizing sustainable (green) design elements and construction methodologies that can be supported by the project budget. The path will be permitted in accordance with the Florida Department of Environmental Protection coastal construction regulations. Non-native dune vegetation will be removed and replaced with dune enhancements such as native vegetation, protective sand fencing and rope and post. In addition, sea turtle-friendly pedestrian lighting will also be incorporated into the design of the pathway. On March 9, 201 1, the RFQ was issued with an opening date of April 8, 201 1. A pre-qualification meeting to provide information to prospective proposers was held on March 25, 2011. Bidsync issued bid notices to 7,497 prospective bidders of which 112 viewed the notice and resulted in the receipt of the following seven (7) bids: Arlotta Bazo & Associates, Inc. Calvin, Giordano & Associates, Inc. o Chen Moore & Associates Coastal Systems International, Inc. Keith and Schnars, P.A. Kimley-Horn and Associates, Inc. Maxwell Marine Consulting Engineers, Inc. On April 28, 201 1, the Evaluation Committee convened to score and rank the proposals. In determining the best qualified firms, the Committee discussed each firm's proposal according to the criteria as set forth in the RFQ. Upon completion of the presentation, the Committee discussed their individual perceptions of each prospective bidder's qualifications, experience, and competence to score and rank the firms accordingly. Coastal Systems International, Inc. received all five first-place votes for contract award. " C76- AOLWtEA BTEM DATE ,5-//-. Coastal Systems International, lnc. Coastal Systems International, Inc. has been implementing oceanfront recreational corridor projects for over 15 years and has extensive experience in attaining permits from the Florida Department of Environmental Protection (FDEP), which is a significant component of the project. Noteworthy projects in Miami Beach include the Beachwalk in South Beach, Beachwalk II, North Beach Recreational Corridor, South Pointe Park, Bayfront Street Ends, Baywalk, and the Soundscape Park. Advisory Board Recommendation: [ NIA Financial Information: Account Financial Impact Summary: NIA Amount NIA Source of Funds: OBPl 1 Total 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 City Commission FROM: Jorge M. Gonzalez, City Manager ~75 DATE: May 11, 201 1 u SUBJECT: A RESOLUTION OF THE MAYOR AND 'CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 20- 10111, FOR DESIGN, BID, AWARD, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE MIDDLE BEACH RECREATIONAL CORRIDOR PHASE II PROJECT; AND AUTHORIZING THE ADMINISTRATIONTO ENTER INTO NEGOTIATIONS WITH THE TOP-RANKED FIRM, COASTAL SYSTEMS INTERNATIONAL, INC.; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO SUCCESSFULLY NEGOTIATE AN AGREEMENT WlTH THE TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WlTH THE SECOND- RANKED FIRM, CALVIN, GIORDANO & ASSOCIATES, INC.; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WlTH THE SECOND-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT WlTH THE THIRD-RANKED FIRM, KIMLEY-HORN & ASSOCIATES, INC. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The Middle Beach Recreational Corridor (MBRC) Phase ll consists of the construction of an on- grade pedestrian walkway encompassing eighteen (1 8) City blocks or approximately 9,305 feet. The pathway will be constructed along the western side of the coastal dunes and east of oceanfront properties. It will run north from approximately 46th Street to Allison Park at 64th Street to the southern terminus of the existing North Beach Recreational Corridor (NBRC) Project. The pathway will also serve as a portion of the coastal northlsouth connector in the larger Atlantic Greenway Network (AGN), which supports the sustainable initiative of Alternative Transportation throughout the City. This project requires that the path be designed and constructed utilizing sustainable (green) design elements and construction methodologies that can be supported by the project budget. The path will be permitted in accordance with the Florida Department of Environmental Protection (FDEP) coastal construction regulations. Non-native dune vegetation will be removed and replaced with dune enhancements such as native vegetation, protective sand fencing and rope and post. In addition, sea turtle-friendly pedestrian lighting will also be incorporated into the design of the pathway. Commission Memorandum - RFQ-20-lo/? I - Bid, A ward, and Construction Services for the Middle Beach Recreational Corridor Phase I1 Project May 11, 201 1 Page 2 of 4 The City received $533,520 in grant funding from the Transportation, Community, and System Preservation (TCSP) Program for this project. As a condition of the grant funding, the Federal Highway Administration is requesting that the City demonstrate progress as soon as possible. SCOPE OF SERVICES The scope is the design, permitting, preparation of contract documents, bid assistance, and construction administration for an on-grade pedestrian walkway west of the dune system along the coast from 46th Street north to 64th Street. RFQ PROCESS On March 9, 2011, the RFQ was issued with an opening date of April 8, 2011. A pre- qualification meeting to provide information to prospective proposers was held on March 25, 201 1. Bidsync issued bid notices to 7,497 prospective bidders of which 1 12 viewed the notice and resulted in the receipt of the following seven (7) bids: Arlotta Bazo & Associates, Inc. Calvin, Giordano & Associates, Inc. Chen Moore & Associates Coastal Systems International, Inc. Keith and Schnars, P.A. Kimley-Horn and Associates, Inc. Maxwell Marine Consulting Engineers, Inc. Maxwell Marine Consulting Engineers, Inc. confirmed in a letter dated on April 26, 201 1, that its incorporation date was February 19, 2007, which fails to meet the five (5) year firm experience requirement noted in Section IV of the RFQ. As a result and upon conferring with the City Attorney's Office, their bid has been disqualified. The City Manager, via a Letter to Commission (LTC) No. 095-201 1, appointed an Evaluation Committee (Committee) consisting of the following individuals: Lisa Botero - Environmental Resources Manager, Public Works Department Elizabeth Camargo - Capital Improvements Projects Oversight Committee Member Hermes Diaz - Civil Engineer Ill Public Works Department Carla Dixon-Vincent, Capital Projects Coordinator Maria Koller - Beautification Committee Member EVALUATION PROCESS On April 28, 201 1, the Committee convened to score and rank the proposals. The Committee unanimously agreed to nominate Carla Dixon-Vincent as Committee Chair. In determining the best qualified firms, the Committee discussed each firm's proposal according to the criteria as set forth in the RFQ. Total Points 20 20 Criteria The experience, qualifications, and portfolio of the Principal Firm The experience, qualifications and portfolio of the Project Manager, as Commission Memorandum - RFQ-20-10/11 - Bid, Award, and Construction Services for the Middle Beach Recreational Corridor Phase I1 Project May 1 I, 201 1 Page 3 of 4 Upon completion of the presentation, the Committee discussed their individual perceptions of each prospective bidder's qualifications, experience, and competence to score and rank the firms accordingly. Coastal Systems International, Inc. received all five first-place votes for contract award as noted below: 20 10 5 5 5 5 5 5 well as hislher familiarity with this project and permitting process and a thorough understanding of the methodology and design approach to be used in this assignment. The experience and qualifications of the professional personnel assigned to the Project Team as well as their familiarity with this project and a thorough understanding of the methodology and design approach to be used in this assignment. Risk Assessment Plan that reflects a clear understanding of project objectives; a thorough review of existing conditions; familiarity with the project site; a thorough understanding of all permitting and regulatory requirements and impacts; and other considerations that may impact the design and construction of the proposed improvements. Willingness to meet time and budget requirements as demonstrated by past performance Certified minority business enterprise participation. Either the Prime Consultant or the sub-consultant team may qualify for proof of certification for minority business enterprise participation. Accepted minority business enterprise certifications include the Small Business Administration (SBA), State of Florida, Miami-Dade County and/ or the South Florida Minority Supplier Development Council. Location Recent, current, and projected workloads of the firms The volume of work previously awarded to each firm by the City, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firm. Past performance based on quality of the Performance Evaluation Surveys and the Administration's due dilligence based upon reference checks performed of the Firm(s) clients Evaluation Committee Final Ranking Total Points 477 466 443 438 425 41 2 Koller 1 (94) 2 (91) 4 (89) 5 (88) 3 (90) 6 (83) Dixon- Vincent I (93) 2 (89) 4 (85) 3 (86) 5 (81) 6 (77) Diaz 1 (94) 2 (93) 3 (88) 4 (86) 6 (81) 5 (83) Camargo 1 (100) 2 (99) 3 (96) 6 (90) 4 (92) 5 (91) Company Coastal Systems International, Inc. Calvin, Giordano & Associates, Inc. Kimley-Horn and Associates, Inc. Chen Moore & Associates Arlotta Bazo & Associates, Inc. Keith and Schnars, P.A. Botero 1 (96) 2 (94) 4 (85) 3 (88) 5 (81) 6 (78) Commission Memorandum - RFQ-20-1 O/l I - Bid, A ward, and Construction Services for the Middle Beach Recreational Corridor Phase I1 Project May 11, 201 1 Page 4 of 4 Coastal Svstems International, Inc. Coastal Systems International, Inc. has been implementing oceanfront recreational corridor projects for over 15 years. The firm also has extensive experience in attaining permits from the Florida Department of Environmental Protection (FDEP), which is a significant component of the project. Noteworthy projects in Miami Beach include the Beachwalk in South Beach, Beachwalk 11, North Beach Recreational Corridor, South Pointe Park, Bayfront Street Ends, Baywalk, and the Soundscape Park. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached Resolution accepting the recommendation of the City Manager pursuant to Request for Qualifications (RFQ) No. 20-1011 1, for design, bid, award, and construction administration services for the Middle Beach Recreational Corridor Phase I1 Project; and authorizing the Administration to enter into negotiations with the top-ranked firm, Coastal Systems International, Inc.; and should the Administration not be able to successfully negotiate an agreement with the top-ranked firm, authorizing the Administration to negotiate with the second-ranked firm, Calvin, Giordano & Associates, Inc. and should the Administration not be able to negotiate an agreement with the second-ranked firm, authorizing the Administration to negotiate an agreement with the third-ranked firm, Kimley-Horn and Associates, Inc. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ClTY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 20-10/11, FOR DESIGN, BID, AWARD, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE MIDDLE BEACH RECREATIONAL CORRIDOR PHASE I1 PROJECT; AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WlTH THE TOP-RANKED FIRM, COASTAL SYSTEMS INTERNATIONAL, INC.; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO SUCCESSFULLY NEGOTIATE AN AGREEMENT WlTH THE TOP- RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WlTH THE SECOND-RANKED FIRM, CALVIN, GIORDANO & ASSOCIATES, INC.; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WlTH THE SECOND-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT WlTH THE THIRD-RANKED FIRM, KIMLEY-HORN & ASSOCIATES, INC. WHEREAS, on March 9, 2011, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ) No. 20-1011 1, for the Design, Bid, Award, and Construction Administration Services for the Middle Beach Recreational Corridor Phase I1 Project (the "RFQ"); and WHEREAS, the RFQ was issued on March 9, 201 1, with an opening date of April 8, 201 1 ; and WHEREAS, a pre-qualification meeting to provide information to prospective proposers was held on March 25,201 1; and WHEREAS, Bidsync sent notices to 7,497 prospective proposers of which 112 proposers viewed the notice resulting in the receipt of seven (7) proposals by Arlotta Bazo & Associates, lnc., Calvin, Giordano & Associates, Inc., Chen Moore & Associates, Coastal Systems International, Inc., Keith and Schnars, P.A., Kimley-Horn and Associates, Inc., Maxwell Marine Consulting Engineers, Inc; and WHEREAS, the City Manager, via a Letter to Commission (LTC) No. 095-2011, appointed the following individuals as committee members: Lisa Botero - Environmental Resources Manager, Public Works Department Elizabeth Camargo - Capital Improvements Projects Oversight Committee Member Hermes Diaz - Civil Engineer 11, Public Works Department * Carla Dixon-Vincent, Capital Projects Coordinator Maria Koller - Beautification Committee Member WHEREAS, the Evaluation Committee (the "Committee") invited each firm for presentations and interviews and convened on April 28, 201 1, to evaluate, score, and rank the proposals based on the evaluation criteria stated in the RFQ; and WHEREAS, the Committee on April 28, 201 1, unanimously voted to recommend to the City Manager Coastal Systems International, Inc. as the top-ranked firm, Calvin, Giordano & Associates, Inc. as the second-ranked firm, and Kimley-Horn & Associates, Inc. as the third-ranked firm; and WHEREAS, after considering the review and recommendation of the Evaluation Committee, the City Manager exercised his due diligence and carefully considered the specifics of this RFQ process; and WHEREAS, as a result, the City Manager recommends to the Mayor and City Commission that the City enter into negotiations with the top-ranked firm of Coastal Systems International, Inc.; to negotiate with the second-ranked firm of Calvin, Giordano & Associates, Inc. should negotiations with the top-ranked firm be unsuccessful; and to negotiate with the third-ranked firm of the Kimley-Horn & Associates, Inc. should negotiations with the first or second-ranked firms be unsuccessful. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request for Qualifications (RFQ) No. 20-1011 1, for Design, Bid, Award, and Construction Administration Services for the Middle Beach Recreational Corridor Phase II Project; authorizing the Administration to enter into negotiations with the top-ranked firm of Coastal Systems International, Inc.; and should the Administration not be able to negotiate with the top-ranked firm, authorizing the Administration to negotiate with the second-ranked firm of Calvin, Giordano & Associates, Inc.; and should the Administration not be able to negotiate an agreement with the second-ranked firm, authorizing the Administration to negotiate an agreement with the third-ranked firm of Kimley-Horn & Associates, Inc. PASSED AND ADOPTED THIS DAY OF 201 1. ATTEST: ClTY CLERK MAYOR APPROVED AS TO FORM & LANGUAGE & FnH EXECUTION THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A resolution authorizing the City Mayor and City Clerk to execute an amendment to the Federally-Funded Subgrant Agreement for Neighborhood Stabilization Program (NSPI) dated November 24,2009, between the City and the State of Florida Department of Community Affairs (DCA) and the related agreement between the City and Miami Beach Community Development Corporation, to extend the expiration date of both Agreements, to March 1,2013 in accordance with HUD's four year expenditure plan, and to facilitate the draw down of funds instead of a reimbursement basis. Key Intended Outcome Supported: I Increase access to workforce or affordable housing. I Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2007 Customer Satisfaction Survey, affordable housing was a concern for 82% of those surveyed. Issue: Shall the City approve amendments for contract extensions with DCA and MBCDC to coincide with the State's DCA expiration date of the program of March 1,201 3 and corresponding amendments to facilitate a draw down basis instead of a reimbursement basis? Item SummarylRecommendation: The City of Miami Beach was awarded a total of $9,305,268 from HUD's Neighborhood Stabilization Program (NSPI) ( through an initial allocation and two subsequent allocations. The State's ~epahment of Community Affairs (DCA) is the pass-through entity handling HUD's NSPI allocation to the City of Miami Beach. On September 9,2009, the City approved Resolution No. 2009-27175 approving the Federally-funded Subgrant Agreement with DCA in the amount of $2,549,551, which was subsequently amended to include the additional allocations of NSPI funds to the City. The expiration date of the initial Agreement is November 23, 201 1. After conducting a duly-noticed procurement process, the City Commission awarded $2,376,181.53 of the initial NSPI funds to Miami Beach Community Development Corporation (MBCDC), to acquire a 16-unit building, which was also amended to allow for the allocation of additional NSPI funds received by the City to MBCDC which were used to acquire two more buildings, providing a total of 60 units to be rehabilitated to assist income eligible persons, as well as stabilize neighborhoods affected by foreclosure. The expiration date of the MBCDC Agreement for NSPI funds is July 20, 201 1. Current economic and banking conditions have restricted MBCDC's ability to obtain construction lines of credit and have delayed completion of the contractually required activities. After conferring with DCNNSPI representatives, City staff was informed that the majority of the DCA's NSPI sub-recipients are experiencing similar delays and have also requested extensions of time to expend funds. In addition, many other communities have also requested and been granted permission to draw down funds for rehabilitation activities instead of paying costs from out-of-pocket and then seeking reimbursement. Therefore, City staff is proposing to extend both agreements (DCNCity and CityIMBCDC) so that they are co-terminus and both expire on March 1,2013 in accordance with the four year NSPI expenditure plan established by HUD, and that both agreements are amended to include the option of a "draw down" of funds versus a reimbursement process to cover the costs of rehabilitation of the projects. I I Advisory Board Recommendation: NIA Financial Information: I I I Source of Funds: Amount Account Approved I I Financial Impact Summary: City Clerk's Office Legislative Tracking: Anna Parekh NSP OBPl 1 2 Total MIAMIBEACH City of Miami Bwch, 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: May 11,2011 SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) AND THE CITY, DATED NOVEMBER 24,2009, FOR THE ALLOCATION OF NSPI FUNDS; AND AN AMENDMENT TO THE RELATED AGREEMENT BETWEEN THE ClTY AND MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION (MBCDC), DATED JANUARY 21, 2010, FOR THE ALLOCATION OF NSPI FUNDS; SAID AMENDMENTS EXTENDING THE RESPECTIVE EXPIRATION TERMS OF EACH AGREEMENT TO MARCH I, 2013, AND AMENDING BOTH AGREEMENTS TO FACILITATE THE DRAW DOWN OF FUNDS; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY NECESSARY AMENDMENTS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Resolution No. 2009-27039 was adopted by the City Commission on March 18, 2009, approving the City's application for and planned use of funds available through the United States Department Of Housing and Urban Development's (HUD) Neighborhood Stabilization Program 1 (NSPI) funds for the purchase and rehabilitation-of one or more multi-family buildings to be kept as rental properties to benefit income qualified households in accordance with the NSPI regulations, with an end goal of stabilizing neighborhoods impacted by foreclosures. The City of Miami Beach was awarded a total of $9,305,268 in NSPI funds through an initial allocation and two subsequent allocations. The State's Department of Community Affairs (DCA) is the pass-through entity handling HUD's NSPI allocation to the City of Miami Beach. On September 9, 2009, the City approved Resolution No. 2009-27175 authorizing the execution of the Federally-funded Subgrant Agreement with DCA. That Agreement for $2,549,551 was subsequently amended to include the additional allocations in the amounts of $4,755,717 and $2,000,000 (awarded on March 24, 201 0, and July 30, 2010, respectively). The expiration date of the initial Agreement is November 23, 201 1. After conducting a duly-noticed procurement process, the City Commission awarded $2,376,181.53 of the initial NSPI allocation to Miami Beach Community Development Corporation (MBCDC) for the acquisition of a 16-unit building. That Agreement was subsequently NSP7 Agreement Extension with DCA & MBCDC 0511 7/'2077 Page 2 of 2 amended (with Commission approval) to allow for the allocation of additional NSPI funds received by the City to MBCDC (in the amount of $4,432,328 and $1,864,000 respectively), which was used to acquire two more buildings, providing for a total of 60 units being rehabilitated to assist income eligible persons, as well as stabilize neighborhoods affected by foreclosure. The expiration date of the MBCDC Agreement for NSPI funds is July 20, 201 1. While 82% of the NSPI funds allocated to MBCDC have been expended, one of the highest expenditure rates for this program in the State, current economic and banking conditions have impacted MBCDC's ability to obtain construction lines of credit and have delayed completion of the contractually required rehabilitation activities. After conferring with DCAINSPI representatives, City staff was informed that the majority of its NSPI sub-recipients are likewise experiencing similar delays and have also requested extensions of time to expend funds. Many other communities have also requested and been granted permission to draw down funds for rehabilitation activities instead of paying costs from out-of-pocket and then seeking reimbursement. Therefore, following the instructions of the DCA staff, City staff is requesting that the contract between DCA and the City, as well as the corresponding contract between the City and MBCDC, be amended to extend the expiration date of the agreement. Additionally, DCA staff also further approved contract amendments to incorporate a draw schedule for construction rehabilitation activities to alleviate the cash flow concerns of developers. Therefore, City staff is proposing to extend both agreements (DCAlCity and CityIMBCDC) so that they are co-terminus and both expire on March 1, 2013 in accordance with the four year NSPI expenditure plan established by HUD, and that both agreements are amended to include the option of a "draw down" of funds versus a reimbursement process to cover the costs of rehabilitation of the projects. While at this time it is expected that the remaining NSPI funds will be expended and the rehabilitation of the three buildings will be complete by March 31, 2012 (please see Exhibit "A for project timelines), extending the expiration date of both contracts will ensure compliance and prevent unnecessary requests for future extensions should they be necessary. NSP program rules define completion of the projects as having completed the construction activities and having the affordable housing units fully occupied by qualified, income-eligible persons. CONCLUSION The Administration recommends that the Mayor and City Commission authorize an amendment to both NSPI agreements with DCA and with MBCDC, to allow for an extension of time for expenditure of funds through March 1, 2013, and corresponding amendments to facilitate a draw down basis instead of a reimbursement basis; and further authorize the Mayor and the City Clerk to execute any documentation necessary to effectuate the amendments to the agreements. JMGIHM FIAPlrs T:\AGENDA\2011\5-11-1 I\NSP Agreement EXTENSION for DCA & MBCDC - MEMO.doc RESOLUTIONS TO BE SUBMITTED City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive May I I, 201 1 Mayor Matti Herrera Bower Vice-Mayor Jonah Wolfson Commissioner Jorge Exposito Commissioner Michael Gdngora Commissioner Jerry Libbin Commissioner Edward L. Tobin Commissioner Deede Weithorn City Manager Jorge M. Gonzalez City Attorney Jose Smith City Clerk Robert E. Parcher Visit us af 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 R5 - Ordinances R5A 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. 2-3l(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. 10: 16 a.m. Second Readinn Public Hearing (Page 149) (Requested by Commissioner Edward L. Tobin) (Legislative Tracking: City Clerk's Office) (Continued from April 13, 201 IIReferred to Neighborhood/Community Affairs Committee) Regular Agenda, May 11,201 1 R5 - Ordinances (Continued) R5B An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, Entitled "Traffic And Vehicles," By Amending Article 11, Entitled "Metered Parking," By Amending Division 1, Entitled "Generally," By Amending Section 106-55, Entitled "Parking Rates, Fees, And Penalties" To Provide Rates And Criteria For The Preferred Parking Lot Located At 18th Street And Meridian Avenue, Including Providing Penalties And Amending The Fees For The Lot For Food And Beverage Social Events At The Miami Beach Convention Center From $15.00 To $10.00, Providing For Codification, Repealer, Severability, And An Effective Date. 10:17 a.m. Second Reading Public Hearing (Page 153) (Requested by Finance & Citywide Projects Committee) (Legislative Tracking: Parking Department) (First Reading on April 13, 201 1) R5C An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, "Administration," Article II, "City Commission," By Enacting A New Section 2-1 2, "Meeting Agendas,'' Requiring Proposed Ordinances And Charter Amendments That Appear On A City Commission Or Commission Committee Agenda To Have A Commissioner Sponsor Identified; Providing For Repealer; Codification; Severability; And An Effective Date. 10:20 a.m. Second Reading Public Hearing (Page 161) (Requested by Vice-Mayor Jonah Wolfson) (Legislative Tracking: City Attorney's Office) (Continued from April 13, 201 IIReferred to Land Use & Development Committee) R5D An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 74, Entitled "Peddlers And Solicitors," By Amending Article Ill, Entitled "Panhandling On Public Property," By Amending Section 74-76, Entitled "Definitions," By Providing Definitions For Financial Institution And For High Volume Intersections; And By Amending Section 74-78, Entitled "Panhandling On Public Property," By Adding Additional Locations Where Soliciting Or Panhandling On Public Property Will Be Considered Unlawful; Providing For Repealer; Severability; Codification; And An Effective Date. 10:25 a.m. Second Readina Public Hearing (Page 167) (Requested by Commissioner Michael Gongora) (Legislative Tracking: Code Compliance) (First Reading on April 13, 201 1) Regular Agenda, May 11,201 1 R5 - Ordinances (Continued) R5E North Beach Town Center Zoning & Comprehensive Plan Amendments (Page 177) 1. An Ordinance Amending Part II: Goals, Objectives And Policies Of The City Of Miami Beach Comprehensive Plan, Policy 1.2 Of Objective 1: Land Development Regulations Of The Future Land Use Element, By Adding New Categories "Town Center Core" (TC-1); "Town Center Mixed Use" (TC-2); And "Town Center Residential Office" (TC-3); And Authorizing And Directing The City Administration To Submit The Adopted Amendments To The Florida Department Of Community Affairs And Any Other Required State And Local Agencies; Providing For Repealer, Severability, Codification And An Effective Date. 5:00 p.m. Second Reading Public Hearing (Page 195) 2. An Ordinance Amending The Future Land Use Map Of The City's Comprehensive Plan For The North Beach Town Center From CD-3, "Commercial, High Intensity" To TC-1, "Town Center Core"; From CD-2, "Commercial, Medium Intensity" To TC-2, "Town Center Mixed Use"; And From RM-1, "Residential Multifamily, Low Intensity" To TC-3, "Town Center Residential Office"; ); And Authorizing And Directing The City Administration To Submit The Adopted Amendments To The Florida Department Of Community Affairs And Any Other Required State And Local Agencies; Providing For Repealer, Severability, Codification And An Effective Date. 5:00 p.m. Second Reading Public Hearing (Page 203) 3. An Ordinance Amending The City's Land Development Regulations, By Amending Chapter 142, "Zoning Districts And Regulations1', Article 11, "District Regulations", By Creating A New Division 20, "TC North Beach Town Center Districts", Creating New Zoning Districts TC-1, Town Center Core; TC-2, Town Center Mixed Use; And TC-3, Town Center Residential Office; Providing For Purpose And Intent, Definitions, Main Permitted, Conditional, Accessory And Prohibited Uses, Development Regulations, Design Review Standards, And Parking Regulations; Amending Chapter 130, "Off-Street Parking", Article Ill "Districts; Requirements", Section 130-31, "Parking Districts Established", Amending The Boundaries Of Parking District 4; Amending Article Ill, Section 130-68, "Commercial And Noncommercial Parking Garages," Adopting New Regulations In TC-3 And GU For Commercial And Noncommercial Parking Garages; Amending Chapter 138, "Signs", Article V, "Sign Regulations By Districts", Section 138-1 72, "Schedule Of Sign Regulations For Principal Use Signs"; Creating A New Section 138-1 74, "North Beach Town Center Signage"; Amending Chapter 142, Division 4, "Alcoholic Beverages", Sections 142-1301 And 142-1302 To Include TC Districts. 5:00 p.m. Second Reading Public Hearing (Page 209) 4. An Ordinance Amending The Official Zoning District Map, Referenced In Section 142-72 Of The City Code, By Changing The Zoning District Classifications For The North Beach Town Center From CD-3, "Commercial, High Intensity" To TC-1, "Town Center Core"; From CD-2, "Commercial, Medium Intensity" To TC-2, "Town Center Mixed Use"; And From RM-1, "Residential Multifamily, Low Intensity" To TC-3, "Town Center Residential Office" And TC- 3(C) "Town Center Conditional Neighborhood Commercial"; And Amending The Affected Portion Of The City's Official Zoning District Map To Correspond With These Changes. 5:00 p.m. Second Reading Public Hearinq (Page 233) (Requested by the Land Use & Development Committee and the Planning Board) (Legislative Tracking: Planning Department) (First Reading Public Hearing on September 15, 2010) Regular Agenda, May 11,201 1 R5 - Ordinances (Continued) R5F An Ordinance Amending Chapter 82 Of The City Code, Entitled "Public Property," By Amending Article VI, Entitled "Naming Of Public Facilities And Establishments Of Monuments And Memorials", By Amending Section 82-501(C), To Exempt The Miami Beach Botanical Garden From The Provisions Of Said Article VI, Subject To The Terms And Conditions Contained In This Ordinance; Providing For Repealer, Severability, Codification And Effective Date. First Reading (Page 239) (Requested by Commissioner Jerry Libbin) (Legislative Tracking: Real Estate, Housing & Community Development) R7 - Resolutions R7A A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals Pursuant To Request For Proposals (RFP) No 17-1 011 I, For Parking Attendants For The City's Parking Garages; Authorizing The Administration To Enter Into Negotiations With The Top- Ranked Proposer, Standard Parking Corporation, And Should The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposer That Results In A Lower Annual Cost Than The Current Contract With Impark, Authorizing Negotiations With The Second-Ranked Proposer, Seven One Seven Parking Enterprises, And Should The Administration Not Be Successful In Negotiating An Agreement With The Second-Ranked Proposer That Results In A Lower Annual Cost Than The Current Contract With Impark, Authorizing The First Year Renewal Of Imperial Parking's Contract Effective August 12, 201 1. (Page 249) (Parking Department/Procurement) R7B A Resolution Approving The Substantive Terms Of An Agreement Between The City And Coca Cola For An Exclusive Non-Alcoholic Beverage Municipal Marketing Partnership For Vending And Dispensing In Certain City-Owned Properties, With Said Proposed Agreement Having An Initial Term Of Ten (1 0) Years; Authorizing The City Manager And City Attorney's Office To Negotiate And Draft The Final Agreement, Based Upon The Approved Terms (As Further Referenced In The Term Sheet Attached As Exhibit "A To This Resolution); And Authorizing The Mayor And City Clerk To Execute The Final Agreement; Provided, However, That In The Event That The Final Negotiated Agreement Includes Any Term Or Terms Which Substantially Deviate From The Approved Substantive Terms (As Referenced In The Attached Term Sheet), Or Contain New And/or Additional Terms Which, In The City Manager And City Attorney's Opinion, Materially Alter The Proposed Transaction (As Referenced In The Approved Term Sheet), Then Requiring That The Final Negotiated Agreement To Be Brought To The City Commission For Its Consideration. (Page 309) (City Manager's Office) (Memorandum & Resolution to be Submitted in Supplemental) Regular Agenda, May I I, 201 1 R9 - New Business and Commission Requests R9A Board And Committee Appointments. (Page 31 3) (City Clerk's Office) R9A1 Board And Committee Appointments - City Commission Appointments. (Page 31 7) (City Clerk's Office) R9A2 Nominate Ricky Arriola As One Of The City's Representatives To The Adrienne Arsht Center For The Performing Arts Center Trust. (Page 323) (Requested by Mayor Matti Herrera Bower) R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) (Page 327) R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.) R9C Discussion Regarding Changing The Flamingo Park Master Plan To Include A Bathroom In The Tot Lot; And Discuss The Design Of The Tennis Club House And Tennis Courts. (Page 329) (Requested by Commissioner Edward L. Tobin) (Deferred from April 13, 201 1) R9D Discussion Regarding The Dunlop Orange Bowl Tennis Tournament. (Page 331) (Requested by Commissioner Edward L. Tobin) (Deferred from April 13, 201 1) R9E The Committee Of The Whole Will Meet During Lunch Recess Of The May 1 1,201 1 City Commission Meeting At The City Manager's Office Large Conference Room To Discuss Interim Status Report Of Internal Audits. (Page 333) (Budget & Performance Improvement) R9F The Committee Of The Whole Will Meet During Lunch Recess Of The May 1 1,201 1 City Commission Meeting At The City Manager's Office Large Conference Room To Discuss The Fiscal Year (FY) 201 1/12 Proposed Operating Request For The Office Of The Mayor And City Commission. (Page 343) (Budget & Performance Improvement) R9G Presentation By Marlon Hill On Best Of The Best Weekend Coordination. (Page 345) (Requested By Mayor Matti Herrera Bower) R9H Discussion And Report Regarding The Bayshore Neighborhood Par 3 Golf Course. (Page 347) (Requested by Commissioner Jorge R. Exposito) Regular Agenda, May 11,201 1 R9 - New Business and Commission Requests (Continued) R91 Discussion Regarding A Request From Tremont Towing To Amend Their Towing Permit Minimum Requirements For Vehicle Storage. (Page 349) (Requested by Commissioner Jerry Libbin) (Legislative Tracking: Parking Department) (Memorandum to be Submitted in Supplemental) Reports and Informational ltems Reports and lnformational ltems (see LTC #150-2011) End of Renular Agenda City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov HOW A PERSON MAY APPEAR BEFORE THE ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA THE REGULARLY SCHEDULED MEETINGS OF THE CITY COMMISSION ARE ESTABLISHED BY RESOLUTION. SCHEDULED MEETING DATES ARE AVAILABLE ON THE CITY'S WEBSITE, DISPLAYED ON MBN 77, AND ARE AVAILABLE IN THE ClTY CLERK'S OFFICE. COMMISSION MEETINGS COMMENCE NO EARLIER THAN 9:00 A.M. GENERALLY THE ClTY COMMISSION IS IN RECESS DURING THE MONTH OF AUGUST. 1 . DR. STANLEY SUTNICK CITIZENS' FORUM will be held during the first Commission meeting each month. The Forum is split into two (2) sessions, 1 2:30 p.m. and 5:30 p.m., or as soon as possible thereafter, provided that the Commission Meeting has not already adiourned 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 MBN 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.gov 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 Consideration" 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 Monday 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 subjects 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 ~ublic 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 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: 1 NlA Supporting Data (Surveys, Environmental Scan, etc.): N/A 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: SECOND READING PUBLIC HEARING 1 This ordinance was approved on first reading at the February 9,201 1, Commission meeting with a referral to the Neighborhood/Community Affairs Committee (NCAC). The item is still pending to be heard by the NCAC. 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 NeighborhoodlCommunity 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. The Administration recommends to open and continue the public hearing to June 1, 201 1 Commission Meeting, unless the item is approved at the May 5'h Neighborhood/Community Affairs Committee Meeting. Advisory Board Recommendation: Neighborhood/Community Affairs Committee meeting of 12/14/2010 and accepted by the City Commission on January 19,201 1. Financial Information: I source of Amount Account I I Funds: I 1 I - r) 1 I City Clerk's Office Legislative Tracking: I Robert Parcher, Ext 6451 u OBPI AGE MCTA ITEM f?SA 3 Total 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. 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 SECOND READING DATE: May 11,2011 PUBLIC HEARING 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 The Administration recommends to open and continue the public hearing to June 1, 2011 Commission Meeting, unless the item is approved at the May 5th Neighborhood/Community Affairs Committee Meeting. BACKGROUND This ordinance was approved on first reading at the February 9, 201 1, Commission meeting with a referral to the Neighborhood/Community Affairs Committee (NCAC). The item is still pending to be heard by the NCAC. 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 Neighborhood1 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. 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. JMGIREP T:\AGENDAEOI 1\5-11-1 I\DAC MEMO.docx ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF THE ClTY 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 (14) 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 ClTY COMMISSION OF THE ClTY 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 WBR fourteen voting members -cct the mayor and each city commissioner^ shall make two direct amointments. A quorum shall consist of #wee eight members. Formal action of the board shall require at least #wee 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 ,201 1 ATTEST: MAYOR MATTI HERRERA BOWER ROBERT PARCHER, CITY CLERK T:\AGENDADOl ID-09-1 I\DAC ordinance.docx APPROVED AS TO rr COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending the fees for the Preferred Parking Lot from $15.00 to $10.00 for food and beverage social events at the Convention Center Key Intended Outcome Supported: Improve Parking Availability; Maintain Financial Health and Overall Bond Rating. I AOEMDA ITEM 8 5!3 Supporting Data (Surveys, Environmental Scan, etc.): 77.2% of respondents rate the availability of parking across the City as 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 amend the parking rate at the Preferred Parking Lot from $1 5.00 to $1 0.00 per vehicle for food and beverage social events at the Miami Beach Convention Center? Item Summary1Recommendation: The Mayor and Commission amended the Criteria for Social Events deleting the requirement to have a minimum attendance of seventy-five (75) attendees. The amendment shall reflect no minimum requirement for the number of attendees. Centerplate and Global Spectrum both have been charged with increasing social event business at the Convention Center. Parking rates have routinely been cited by potential clients as a reason for not selecting the Convention Center for the event. The Administration, Global Spectrum and the Convention Center Advisory Board recommend the following criteria which are narrowly tailored for the social event market: Be booked solely as a Food and Beverage function to include but not limited to at least one (1 ) of the following: Breakfast; LunchIBrunch; Dinner; Reception: 1. Excludes exhibits, separate meetings held outside of the primary location, and cannot be associated with a convention, tradeshow, public show andlor corporate meeting. 2. Produce, at the client's sole expense, an approved coupon that is sent either by the Food & Beverage Concessionaire or the Convention Center's management Company, via mail to all confirmed attendees prior to the day of the event. A copy must be presented to the CMB Parking Department within five (5) business days of a fully executed agreement for approval. 3. MBCC in-house Food & Beverage Concessionaire must provide, in writing, to the CMB Parking Department within five (5) business days of an executed agreement the following information: Name of Event; Date of Event; Approximate Attendance; MBCC Food and Beverage Contact information; ; Client's name and cell phone number. 4. The approved coupon can only be used the day of the event; the coupon can only be used in the designated Preferred Parking Lot ("P" lot); only the original coupon (not a copy) will be presented and accepted by the parking lot attendant. If these rules are not followed, guest will pay full parking rate. 5. Coupons must include the date the coupon is valid for, the name of the event and be sequentially numbered. The proposed amendment is estimated to have the following annual fiscal impact: (1) an additional 44 events may be booked at the Convention Center; (2) generate $588,000 in new revenue at the Convention Center; and (3) increase parking revenues by $43,000. Recommendation: Approve at second and final public hearing. Advisory Board Recommendation: Trans~ortation and Parkina Committee - On February 7,201 1, the Committee approved the recommended amendment. Finance and Citvwide Committee - On February 24,201 I, the Committee approved the recommended amendment. Financial Information: Source of Funds: I. OBPl Financial Impact Summary: T: Approved 1 2 Total Amount Account 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 9% DATE: May 1 1, 201 1 WECOND AND FINAL PUBLIC HEARING SUBJECT: AN ORDINANCE AMENDING THE FEES FORTHE PREFERRED PARKING LOT FROM $15.00 TO $40.00 FOR FOOD AND BEVERAGE SOCIAL EVENTS AT THE CONVENTION CENTER ADMINISTRATION RECOMMENDATION The Administration recommends that the Mayor and Commission approve the amendment at second and final public hearing. ANALYSIS Centerplate and Global Spectrum both have been charged with increasing social event business at the Convention Center. To that end, both entities have increased their efforts and have been moderately successful in booking smaller pieces of business. Parking rates have routinely been cited by potential clients as a reason for not selecting the Convention Center for the event. On September 21, 2010, the Convention Center Advisory Board (CCAB) was reviewing recent social catering sales activity and discussed the City's ordained parking rates for the Convention Center area. The CCAB discussed the matter extensively and felt the City should consider developing a different parking rate structure for social events in order to increase bookings. Subsequently, a resolution of the CCAB was unanimously passed to request the City Commission consider a parking program to incentivize social business. The City Commission referred this matter to the Finance and Citywide Projects Committee and Transportation and Parking Committee at their regularly scheduled Commission meeting on January 19,201 1. TRANSPORTATION AND PARKING COMMITTEE The Transportation and Parking Committee met on February 7,201 1 and considered this matter. The item was presented to the Committee by the Chair of the Convention Center Advisory Board and City Staff. The committee unanimously recommended in favor of creating the aforementioned program to help increase social business at the Convention Center. May I I, 201 I City Commission Memo Parking Rate Ordinance Amendment - Second and Final Public Hearing Page 2 of 3 FINANCE AND CITYWIDE PROJECTS COMMITTEE The Finance and Citywide Projects Committee met on February 24,201 1 and considered this matter. The item was presented to the Committee by Max Sklar, Director of Tourism and Cultural Development. The committee voted in favor of creating the aforementioned program to help increase social business at the Convention Center. COMMISSION ACTION - FIRST READING The Mayor and Commission discussed the item at first reading on April 13, 2011 and amended the Criteria for Social Events, deleting the requirement to have a minimum attendance of seventy-five (75) attendees. The proposed amendment reflects that there is no minimum requirement for the number of attendees in order to qualify for the lower parking rate. CRITERIA FOR SOCIAL EVENTS The Administration, Global Spectrum and the Convention Center Advisory Board recommend the following criteria trigger the proposed $10.00 parking rate. These criteria are narrowly tailored for the social event market: 1. Be booked solely as a Food and Beverage function to include but not limited to at least one (I) of the following: a. Breakfast b. LunchIBrunch c. Dinner d. Reception 2. Excludes exhibits, separate meetings held outside of the primary location, and cannot be associated with a convention, tradeshow, public show andlor corporate meeting. 3. Produce, at the client's sole expense, an approved coupon that is sent either by the Food & Beverage Concessionaire or the Convention Center's management Company, via mail to all confirmed attendees prior to the day of the event. A copy must be presented to the CMB Parking Department within five (5) business days of a fully executed agreement for approval. 4. MBCC in-house Food & Beverage Concessionaire must provide, in writing, to the CMB Parking Department within five (5) business days of an executed agreement the following information: a. Name of Event b. Date of Event c. Approximate Attendance d. MBCC Food and Beverage Contact information e. Client's name and cell phone number 5. The approved coupon can only be used the day of the event; the coupon can only be used in the designated Preferred Parking Lot ("P lot); only the original coupon (not a May 1 I, 201 1 City Commission Memo Parking Rate Ordinance Amendment - Second and Final Public Hearing Page 3 of 3 copy) will be presented and accepted by the parking lot attendant. If these rules are not followed, guest will pay full parking rate. 6. Coupons must include the date the coupon is valid for, the name of the event and be sequentially numbered. FISCAL IMAPCT: The proposed reduction of the parking rate from $15.00 to $10.00 per vehicle for food and beverage social events at the Convention Center is estimated to have the following annual fiscal impact: An additional 44 events may be booked at the Convention Center. Generate $588,000 in new revenue at the Convention Center. Increase parking revenues by $43,000. CONCLUSION The Administration recommends that the Mayor and City Commission approve the item on second 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 106-55, ENTITLED "PARKING RATES, FEES, AND PENALTIES" TO PROVIDE RATES AND CRITERIA FOR THE PREFERRED PARKING LOT LOCATED AT 18~~ STREET AND MERIDIAN AVENUE, INCLUDING PROVIDING PENALTIES AND AMENDING THE FEES FOR THE LOT FOR FOOD AND BEVERAGE SOCIAL EVENTS AT THE MIAMI BEACH CONVENTION CENTER FROM $15.00 TO $10.00, PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Centerplate and Global Spectrum both have been charged with increasing social event business at the Convention Center; and WHEREAS, both entities have increased their efforts and have been moderately successful in booking smaller functions; however, parking rates have routinely been cited by potential clients as a reason for not selecting the Convention Center for the event; and WHEREAS, on September 21, 2010, the Convention Center Advisory Board (CCAB) discussed the matter extensively and unanimously passed a resolution requesting the City Commission to consider a parking program to incentivize social business; and WHEREAS, the City Commission referred this matter to the Finance and Citywide Projects Committee and to the Transportation and Parking Committee at its regularly scheduled Commission meeting on January 19, 201 1 ; and WHEREAS, the Transportation and Parking Committee met on February 7, 2011 and the Finance and Citywide Projects Committee met on February 24, 201 1 and both committees approved the item at their respective committee meetings; and WHEREAS, the Administration, Global Spectrum, and the Convention Center Advisory Board developed criteria that are narrowly tailored to the social event market with regard to the proposed parking amendments. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AS FOLLOWS: SECTION I. That Chapter 106, "Traffic and Vehicles," Article II, "Metered Parking," Division 1, "Generally," Section 106-55, "Municipal Parking Garage Rates and Penalties," 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 Set. 106-55. Parking rates, fees, and penalties. (b) Municipal parking garage and Preferred Parking Lot rates and penalties. Preferred Parkinq Lot (18~~ Street & Meridian Ave) a. $1 5.00 flat rate per vehicle. - b. For food and beverage social events at the Miami Beach Convention Center - JMBCC), $10 flat rate per vehicle. Food and beverage social events at MBCC shall meet the following criteria: Be booked solelv as a food and beverage function to include, but not be limited to, at least one (1) of the following: i. - breakfast; ii. - lunch/brunch; iii. - dinner: and/or iv. - reception. Excludes exhibits; separate meetings held outside of the primarv location; and cannot be associated with a convention, trade show, public show, andlor corporate meeting. Produce (at the client's sole ex~ense) an a~proved parking coupon that is sent either bv the food & beverage concessionaire or the MBCC management companv, via mail, to all confirmed attendees prior to the dav of the event. A copv must be presented to the city's parking department for approval within five /5) business davs of a fully executed agreement for the event. MBCC in-house food & beverage concessionaire must provide, in writing, to the citv's parking department, within five (5) business davs of an executed agreement for the event, the following information: i. - name of event; ii. - date of event; iii. approximate attendance; - iv. MBCC food and beveraqe contact information; and - v. - client's name and mobile telephone number. The approved coupon can only be used the day of the event. The coupon can only be used in the Preferred Parking Lot. Only the original coupon (not a copy) will be presented and accepted by the parking lot attendant. If these rules are not followed, the guest will pav the full parking rate. Coupons must include the date of the event, the name of the event, and be sequentially numbered. 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 ordinarices 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 (10) days following adoption. PASSED and ADOPTED this day of ,201 1 ATTEST: Mayor Matti Herrera Bower Robert Parcher, City Clerk Underline denotes new language denotes deletions 04/25/2011 T:\AGENDA\2011\Aprill3\Regular\PreferredPark1ngLotRateAmend2ndReading.o~d.do~ 3 .l8~~ I THURSDAY, APRIL 28,2011 NE .. .... - ............... ......... . .. ........ . . .. . . ..,........ _ .......... .... ...... .. ......... .,, 1' MIAMIBEACH I CITY OF MIAMI BEACH NOTICE PUBLIC HEARINGS NOTICE IS HEREBY given that second 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, Ci Hall, 1700bnvention Center Drive, Miami Beach, Florida, on Wednesday, May 11,2011, to consider the following: 5 10:17 a.m. Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, Entitled "Traffic ~nd' Vehicles," By Amending Article 11, Entitled "Metered Parking," By Amending Division 1, Entiled "Generally," By Amending Section 106-55, Entitled "Parking Rates, Fees, And Penalties" To Provide Rates And Criteria For The Preferred Parking Lot Located At 18th Street And Meridian Avenue, Including Providing Penalties And Amending The Fees For The Lot For Food And Beverage Social 'Events At The Miami Beach Convention Center From $1 5.00 To I :::is may be direded b the Parking Depament I p5) 673-7275 10:25 a.m. Ordinance Amending The code Of The City Of Miami Beach, Byehending Chapter 74, Entitled "Peddlers And Solicitors," By Amending Article Ill, Entitled "Panhandling on Pubfic Property," By Amending Section 74-76, Entitled "Definitions," -By Providing Definitions For Financial lnstiitution And For High Volume Intersections; And By Amending Section 74-78, Entitled "Panhandling On Public Propeyty," By AddingAdditional Locations Where Soliciting Or Panhandling On Public Property Will Be . - Considered Unlawful. Inquiries *may be directed to the Building Department-Code Compliance (305) 6757555. , INTERESTED PARTIES are invited to appear at this meeting or be represented by an agent or to express their views in writing addressed to the City Commission c/o the CL Clerk, 1700 , Cnnvention Center Drive, 1' Floor, Ci Hall, Miami Beach, Florida 33139. Any of these items 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 advisesthe 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 lncludes the testimony and evidence upon which the appeal is to be based. This notice does not constiituZe consent by the Ci 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 Ameiicans 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 Cii Clerk's Office at (305) 673-741 1, no later than four days prior to the proceeding. If hearing impaired, contact the Ci Clerk's office via the Florida Relay Service numbers, (800) 955-.8771 or 50) 955-8770 (VOICE). AD # 656 i 160 MIAMIBEACH ,City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission FROM: Jose Smith, City A DATE: May 1 1, 201 1 SECOND READING AND PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE 11, "CITY COMMISSION," BY ENACTING A NEW SECTION 2-12, "MEETING AGENDAS," REQUIRING PROPOSED ORDINANCES AND CHARTER AMENDMENTS THAT APPEAR ON A CITY COMMISSION OR COMMISSION COMMITTEE AGENDA TO HAVE A COMMISSIONER SPONSOR IDENTIFIED; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE. RECOMMENDATION The City Commission should hold the second reading public hearing and consider this ordinance for adoption based on the recommendation of the Land Use and Development Committee. BACKGROUND The subject ordinance was originally placed on the January 19, 201 1 agenda of the City Commission at the request of Commission Wolfson. The Commission approved the ordinance on first reading. The ordinance was discussed at the Land Use and Development Committee ("LUDC") meeting of February 23,201 1, and the Committee continued the item for further discussion to its March meeting, at which time it was further continued for additional discussion. The LUDC discussed the ordinance at its meeting of April 21, 201 1, and proposed modifying it in three respects: (1) It clarified that one or more members of the City Commission could sponsor the ordinance; (2) It clarified that sponsorship would be required of ordinances and charter amendments on any agenda of a Committee of the City Commission; and (3) It removed the exception for discussion items, from items that the City Manager or City Attorney could place on a City Commission agenda. This third action limited the items the City Manager or City Attorney may place on the City Commission agenda to resolutions, and referrals to boards or committees. The adoption of proposed ordinances is a legislative function vested by the City Charter in the City Commission. The placement of ordinances on the City Commission agenda, or the agenda of City Commission Committees, should have oversight by the Mayor and members of the City Commission. This oversight is efficiently and effectively accomplished by requiring the identification of a Commission sponsor of any proposed ordinances at the time of its placement on the City Commission or City Commission Committee agendas. Consistent with the City of Miami Beach Charter, this ordinance will help uphold the principles of separation of powers, and checks and balances, and improve transparency in government. I Agenda Item f?5C Date 5'-11-11 May 11,201 1 Sponsorship Ordinance Second Reading and Public Hearing Page 2 of 2 Following discussion, the LUDC has recommended the following exceptions to the ordinance: 1. Applications for amendments to the land development regulations filed by appointed boards or property owners pursuant to section 1 18-1 62(a) or (b) of the City Code. These amendments arise from consensus of the appointed land use boards, or from private applications from property owners. 2. Resolutions, and referrals to boards or committees. If the concern is the placement of items for first reading on a City Commission agenda by the Administration or the City Attorney's Office without review first by one or more members of the City Commission, these exceptions identify items that don't require immediate legislative action by the City Commission, but rather involve the referral of such items for further discussion by Commission Committees or the City's land use boards. One of the responsibilities of the City Attorney, according to the Charter, is to recommend to the City Commission for adoption, "such measures as he or she may deem necessary or expedient." City Charter, Section 3.01(e). As for amendments to the land development regulations, the City Code requires: "Matters submitted by the city manager or city attorney shall first be referred to the city commission." City Code, Section 1 18-1 62(a). Allowing the City Attorney, and by cooperation with the City Manager, to place such items on the agenda for referral as may be "necessary or expedient," this exception allows the City Attorney to fulfill his or her obligation without unnecessary procedural complication. The City Attorney and City Manager respectFully recommend that "discussion items" remain in subsection (2) as an exception to the ordinance, so that this is a further exception to the list of items that the City Manager and City Attorney are authorized to place on the City Commission agenda without a sponsor. As long as the item is discussed only, and not scheduled for first reading as an ordinance at the same time, including this as an exception advances the discussion by the full City Commission at a Commission meeting of important matters that may need to be brought to its attention without the need to obtain a sponsor for this purpose. Whether these amendments should also obtain a City Commission sponsor before proceeding is a policy decision for the City Commission to make. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed ordinance, if enacted, would not have any long term economic impact (at least 5 years) on the City or its budget. CONCLUSION The City Commission should hold the second reading public hearing and consider this ordinance for adoption based on the recommendation of the Land Use and Development Committee. T:WGENDA\201?\5-11-1 l\Sponsorship Ordinance Commn Memo 2d reading 5-1 1-1 1 .doc OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M, Gonzalez, Cify Manager Robert Parcher Jose Smith, Esq. FROM: Jonah Wolfson, Commission DATE: January 10,201 1 SUBJECT: Agenda Item - Ordinance Regarding Meeting Agendas Please place the attached ordinance on the agenda for first reading. The ordinance requires all legislation that is placed on any agenda of the City Commission to have a Commission sponsor. The City Charter is consistent with this concept as the Commission is the only law making branch mentioned in that document. If you have any questions, please contact Leonor Hernandez at extension 6437. 'A% arc cummi~eci ta provrding oxceltenr pobir setvtw and safe!y to all idm five wrJ\ and piny in our vibrc~nt trop~cul hisbrtc cammuni~ 163 2- 12. Meetiiw Agendas. Any proposed legislation or ordinance that aawcars on the agenda of a City Comnlission Mcetinp, for discussion and/or approval bv the Mayor and City Commission tllust have the name of thc Mavor and/or a City Commissiol~er placed ~romi~lentlv next to it as tile sponsor of the legislation, This requirement also anplies lo ally a~enda of a Comnlittee of thc City Commission. ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AMENDING THE CODE OF THE ClTY OF MlAMl BEACH, BY AMENDING CHAPTER 2, "ADMINISTRATION,Jy ARTICLE II, "CITY COMMISSION," BY ENACTING A NEW SECTION 2-12, "MEETING AGENDAS," REQUIRING PROPOSED ORDINANCES AND CHARTER AMENDMENTS THAT APPEAR ON A ClTY COMMISSION OR COMMISSION COMMITTEE AGENDA TO HAVE A COMMISSIONER SPONSOR IDENTIFIED; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the consideration and adoption of proposed ordinances and charter amendments are a legislative function vested by the City Charter in the City Commission; and WHEREAS, the placement of ordinances and charter amendments on the City Commission agenda, or the agenda of City Commission Committees, should have some oversight by the Mayor and members of the City Commission; and WHEREAS, this oversight is efficiently and effectively accomplished by requiring the identification of a Commission sponsor of any proposed ordinances and charter amendments at the time of their placement on the City Commission or City Commission Committee agendas. WHEREAS, consistent with the City of Miami Beach Charter, this ordinance will help uphold the principles of separation of powers, and checks and balances, and improve transparency in government; and WHEREAS, this ordinance accomplishes the above objectives. NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE MAYOR AND MEMBERS OF THE COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AS FOLLOWS: SECTION ONE. Chapter 2, "Administration," Article II, "City Commission," of the Miami Beach City Code, is hereby amended by the addition of a new Section 2-12, "Meeting Agendas," as follows: Sec. 2-12. Meeting Agendas. 2-1 2. Meeting Agendas. (a) Statement of Legislative Intent: Consistent with the Citv of Miami Beach Charter, this ordinance will help uphold the principles of separation of powers and checks and balances. It will also lend to improving transparencv in government. [b) Anv proposed ordinance or charter amendment that appears on the aaenda of a Citv Commission Meetinq for discussion and/or approval bv the Mavor and Citv Commission must have the name of the Mavor and/or one or more members of the Citv Commission, placed prominentlv next to it as the sDonsor of the legislation. This requirement also applies to ordinances or charter amendments on anv agenda of a Committee of the Citv Commission. LC) The followina are excepted from the requirements of this section: (1) Applications for amendments to the land development regulations filed bv appointed boards or propertv owners pursuant to section 1 18-1 62(a) or (b) of the Citv Code. (2) Resolutions and referrals to boards or committees proposed bv the Citv Manager or Citv Attornev. SECTION TWO. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION THREE. 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 FOUR. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION FIVE. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this day of , 201 1 ATTEST: MAYOR CITY CLERK First Reading: Second Reading: Verified by: APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION Planning Director T:MGENDAPOI 1\5-11-1 l\Sponsorship ordinance 04-25-201 1 .doc COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amending Chapter 74, Entitled "Peddlers And Solicitors," By Amending Article Ill, Entitled "Panhandling On Public Property," of the City Code By Amending Section 74-76, Entitled "Definitions," By Providing Definitions For Financial Institution And For High Volume Intersections; And By Amending Section 74-78, Entitled "Panhandling On Public Property," By Adding Additional Locations Where Soliciting Or Panhandling On Public Property Will Be Considered Unlawful. Key Intended Outcome Supported: Increase Resident Ratings of Public Safety Services Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Community Survey, 83.9% of resident respondents rated Police safety services as excellent or good. In 2007, 37.0% of resident respondents said the City of Miami Beach can address crime prevention to improve public safety throughout the City. In 2009, 44.9% of resident respondents answered the same way, representing an increase of 7.9% Issue: I Shall the Mayor and the City Commission Approve The Amendments to the Ordinance? 1 Item SummarylRecommendation: SECOND READING I PUBLIC HEARING Chapter 74, "Peddlers and Solicitors," Article Ill, "Panhandling on Public Property1' currently delineates the City's policy as it relates to panhandling in the City. As defined in the City's Code of Ordinances, "panhandling" means "begging, asking or soliciting" for a donation of money or other thing of value. While homeless persons may panhandle, in fact, panhandling includes firefighters collecting change in their boots for charity, the Salvation Army asking for donations with their kettles, or a high school service club asking for donations on a sidewalk. The current City ordinance establishes certain areas where it is unlawful to panhandle. The goal of these restrictions was to address, among other things, concerns with panhandling occurring while people were eating. At the November 22, 2010 LUDC meeting, the Committee discussed the City's current ordinance, as well as current concerns. The Committee considered some amendments to the current code to address concerns relating to panhandling occurring in areas where individuals are often accessing their money, as often individuals have reported feeling intimidated when approached in those circumstances. Likewise, in response to concerns regarding the safety of individuals panhandling in certain high volume intersections in the City, as well as the traffic concerns this activity raises (when traffic is held up as people are being solicited), it is recommended that panhandling not be permitted in certain high volume intersections with "Levels of Service" of E or F, as per the City's Municipal Mobility Plan. At the February 23, 2011 LUDC meeting, the Committee moved to approve amendments to the current panhandling ordinance as follows, to be forwarded to the City Commission for consideration: 1) Adding new definitions for financial institutions and for high volume intersections; 2) Adding prohibitions on panhandling within twenty feet of an ATM, Financial Institution, and parking "pay-on-foot" machines; and 3) Adding prohibitions on panhandling in any high volume intersection in the City. All other existing prohibitions would remain, and aggressive panhandling would continue to be enforced pursuant to County code. I At the April 13, 201 1 Commission meeting, the Commission approved the ordinance at first reading. 1 Advisory Board Recommendation: 1 Land Use and Develo~ment Committee (LUDC) discussed on November 22, 2010. On February 23, 2011 LUDC 1 I recommended approval'of the amendments 'to the brdinance and sent it to the full City Commission for first reading. - I I OBPl I Total Financial Information: Financial Impact Summary: As panhandling on public property is already legislated, it is estimated that these amendments to the ordinance will have little, if any, additional financial impact, as it is just adding additional locations. City Clerk's Office Legislative Tracking: [ Robert Santos-AlbornB, Acting Code Compliance Division Director Account Source of Funds: MIAMIBEACH, ,,, 1 Amount MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miomibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission / FROM: Jorge M. Gonzalez, City Manager DATE: May11,2011 SEC&D READING I PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE ClTY OF MIAMI BEACH, BY AMENDING CHAPTER 74, ENTITLED "PEDDLERS AND SOLICITORS," BY AMENDING ARTICLE Ill, ENTITLED "PANHANDLING ON PUBLIC PROPERTY," BY AMENDING SECTION 74-76, ENTITLED "DEFINITIONS," BY PROVIDING DEFINITIONS FOR FINANCIAL INSTITUTION AND FOR HIGH VOLUME INTERSECTIONS; AND BY AMENDING SECTION 74-78, ENTITLED "PANHANDLING ON PUBLIC PROPERTY," BY ADDING ADDITIONAL LOCATIONS WHERE SOLICITING OR PANHANDLING ON PUBLIC PROPERTY WILL BE CONSIDERED UNLAWFUL; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION At the October 27, 201 0 City Commission Meeting, Commissioner Michael Gongora referred to the Land Use and ~evelo~ment committee (LUDC) a discussion on a "stricter panhandling ordinance." The item was discussed at the November 22, 2010 LUDC meeting, and the LUDC proposed certain amendments be forwarded to the City Commission for consideration, following review by the LUDC. At its February 23, 201 1 meeting, the LUDC moved to approve the ordinance as recommended and send it to the full City Commission. The City Commission approved this item on first reading at its meeting on April 13, 2011. The Administration recommends adopting the amendments to the ordinance. BACKGROUND Typically, when speaking about panhandling there are two types: passive and aggressive. Passive panhandling is generally considered soliciting without any threat or menace, often without exchanging any words (e.g. just using a cup or holding out a hand). Aggressive panhandling is when the soliciting is coercive, often accompanied with actual or implied threats, menacing actions or obstructive behavior. Chapter 74, "Peddlers and Solicitors," Article Ill, "Panhandling on Public Property" currently delineates the City's policy as it relates to panhandling in the City. As defined in the City's Code of Ordinances, "panhandling" means "begging, asking or solicitingJ' for a donation of money or other thing of value, whether for charity or personal gain. As such, while homeless persons may panhandle, in fact, panhandling includes firefighters collecting change in their City Commission Memorandum Panhandling Ordinance Amendment - Second Reading / Public Hearing May 1 I, 201 I Page 2 of 3 boots for charity, the Salvation Army asking for donations with their kettles, or a high school service club asking for donations on a sidewalk. In short, panhandling is not synonymous with homelessness, and any changes to the panhandling ordinance should and must consider the implication on all manner of panhandling that exists. The current City ordinance establishes certain areas where it is unlawful to panhandle. These locations where panhandling is prohibited were identified following significant discussion and following legal challenges to the City's code. The goal of these restrictions was to address, among other things, concerns with panhandling occurring while people were eating. In addition to the City's panhandling ordinance, as noted in Article Ill. Section 74-77, the provisions of the County's aggressive or obstructive panhandling ordinance are applicable and enforceable in the City. A copy of the County's Aggressive Panhandling Ordinance is provided for your reference (Attachment A). As such, while the City's panhandling ordinance specifically delineates where panhandlinglsolicitation is prohibited on public property, enforcement of the County code addresses any panhandling that involves pedestrian interference in a public place through the obstruction of a pedestrian or vehicular traffic, or if aggressively begging. Any of these activities in any area of the City, in addition to those areas as delineated in Section 74-78, would be considered aggressive or obstructive panhandling and would be a violation subject to a fine as described in County Code. Violations of the City's panhandling ordinance are punishable pursuant to Section 1-14 of City Code, which provides for a fine not exceeding $500, or by imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment. LAND USE & DEVELOPMENT COMMITTEE MEETINGS At the November 22, 2010 LUDC meeting, the Committee discussed the City's current ordinance, as well as current concerns. The concerns, as noted, were relating to certain areas of the City, and the current level of enforcement. For example, panhandlers are often seen in the area of Washington Avenue from loth to 12th. These panhandlers are not homeless, but live in a nearby Adult Living Facility (ALF). Staff provided information on a new program approved by the City Commission and scheduled to be implemented in conjunction with the Miami-Dade County Homeless Trust. Beginning in December, 2010, eleven (1 1) panhandling "meters" were placed in locations throughout the City identified as having a known presence of panhandling, with additional meters placed on private property. The goal of this program is to redirect individuals who are inclined to give their spare change to the meter program, whose proceeds are used to provide a variety of programs aimed at providing long-term assistance to homeless and formerly homeless families and individuals. In light of the pending implementation of the meter program, and the enhanced enforcement efforts to be initiated, the Committee considered some amendments to the current code to address concerns relating to panhandling occurring in areas where individuals are often accessing their money, as often individuals have reported feeling intimidated when approached in those circumstances. As proposed, panhandling would continue to be City Commission Memorandum Panhandling Ordinance Amendmenf - Second Reading / Public Nearing May 1 1, 201 I Page 2 of 3 permitted in any other area of the City, although aggressive panhandling is illegal and is not permitted anywhere in the City. Likewise, in response to concerns regarding the safety of individuals panhandling in certain high volume intersections in the City, as well as the traffic concerns this activity raises (when traffic is held up as people are being solicited), it is recommended that panhandling not be permitted in certain high volume intersections with "Levels of Service" of E or F, as per the City's Municipal Mobility Plan. At the February 23, 201 1 LUDC meeting, the Committee moved to approve the ordinance amendments described below and send it to the full City Commission. The proposed ordinance amendments were as follows: 1) Adding new definitions for financial institutions and for high volume intersections; 2) Adding prohibitions on panhandling within twenty feet of an ATM, Financial Institution, and parking "pay-on-foot" machines; 3) Adding prohibitions on panhandling in any high volume intersection in the City. All other existing prohibitions would remain, and aggressive panhandling would continue to be enforced pursuant to County code. At the April 13, 201 I Commission meeting, the City Commission approved the ordinance at first reading. RECOMMENDATION It is recommended that the City Commission approve the proposed amendments to City Code to address panhandling, as per the proposed amendments delineated in the attached ordinance. JMG/HMF/KT/RSA/rm T:\AGENDA\2011\5-11-1 l\Panhandling Memo - May 201 1 (2nd yeading).doc Municode Page 1 of 1 I ATTACHMENT A 1 Sec. 21-31.4. -Aggressive or obstructive panhandling prohibited. (A) Definitions. The following definitions apply in this section: (1) Aggressively beg means to beg with the intent to intimidate another person into giving money or goods. (2) Intimidate means to engage in conduct which would make a reasonable person fearful or feel compelled. Among the circumstances which may be considered in determining whether the actor intends to intimidate another person into giving money or goods are that the actor: (a) touches the person solicited; (b) follows the person solicited, and persists in begging after the person solicited has given a negative response; (c) directs profane or abusive language toward the person solicited; or (d) uses violent or threatening gestures toward the person solicited. (3) Beg means to ask or solicit for money or goods as a charity, whether by word, bodily gestures, signs, or other means. (4) Obstruct pedestrian or vehicular traffic means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take unreasonable evasive action to avoid physical contact. (5) Public place means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. (6) Unreasonable evasive action means causing a vehicle to depart from the lane of traffic in which it is traveling to change lanes, to straddle lanes, or to enter onto a swale to obtain passage; it also means causing a pedestrian to leave the sidewalk on which she or he is traveling or to make contact with a wall or fence bordering the sidewalk. (B) Prohibited acts. A person is guilty of pedestrian interference if, in a public place, he or she intentionally: (1) Obstructs pedestrian or vehicular traffic; or (2) Aggressively begs. (C) Permitted activities. Acts authorized as an exercise of one's constitutional right to picket or to legally protest, and acts authorized by a permit duly issued by a lawful authority shall not constitute obstruction of pedestrian or vehicular traffic. (D) Penalties. Any person convicted of: (1) A violation of this section shall be punished by: a. Not more than thirty (30) days imprisonment; b. A fine of not more than one hundred dollars ($100.00); c. Both such fine and imprisonment in the discretion of the court having jurisdiction over the cause; d. Fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or e. Completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners. (2) A second or subsequent violation of this section shall be punished by: a. Not more than sixty (60) days imprisonment; b. A fine not more than two hundred dollars ($200.00); c. Both such fine and imprisonment in the discretion of the court having jurisdiction over the cause; d. Fines in accordance withChapter8CC of the Code of Miami-Dade County; or e. Completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners. (E) Alternative programs. Nothing herein shall limit the discretion of the police, court personnel, and judges from referring individuals suspected, charged, or convicted of a violation of this provision to treatment programs or facilities as an alternative to prosecution or incarceration, provided that the individual freely consents. For homeless individuals, such alternative programs shall include, but not be limited to, the Miami-Dade County Homeless Assistance Project. (Ord. No. 94-41, 9 1, 3-17-94; Ord. No. 10-52, § 7, 9-21-10) http:/llibrary.municode.com/print.aspx?client~~=! fi~7O&HTMRequest=http%3a%2f?h2 fl... 03130120 1 I 171 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AMENDING THE CODE OF THE ClTY OF MlAMl BEACH, BY AMENDING CHAPTER 74, ENTITLED "PEDDLERS AND SOLICITORS," BY AMENDING ARTICLE Ill, ENTITLED "PANHANDLING ON PUBLIC PROPERTY," BY AMENDING SECTION 74-76, ENTITLED L'DEFINITIONS," BY PROVIDING DEFINITIONS FOR FINANCIAL INSTITUTION AND FOR HIGH VOLUME INTERSECTIONS; AND BY AMENDING SECTION 74- 78, ENTITLED "PANHANDLING ON PUBLIC PROPERTY," BY ADDING ADDITIONAL LOCATIONS WHERE SOLICITING OR PANHANDLING ON PUBLIC PROPERTY WILL BE CONSIDERED UNLAWFUL; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, in light of the pending implementation of a meter program whereby donations may be made for homeless assistance programs and the enhanced enforcement efforts to address increased incidents of illegal panhandling in the City, the amendments set forth herein will address remaining concerns relating to panhandling occurring in areas where individuals are accessing their money and have reported feeling intimidated when approached in those circumstances; and WHEREAS, in response to concerns regarding the safety of individuals panhandling in certain high volume intersections in the City, as well as the traffic concerns this activity generates (e.~., traffic impacts as people are being solicited), panhandling should not be permitted in certain high volume intersections with "Levels of Service" of E or F, as per the City's Municipal Mobility Plan. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 74-76, entitled "Definitions," of Article Ill, entitled "Panhandling on Public Property," of Chapter 74, entitled "Peddlers and Solicitors," of the Miami Beach City Code, is hereby amended as follows: CHAPTER 74 PEDDLERS AND SOLICITORS * * * ARTICLE Ill. PANHANDLING ON PUBLIC PROPERTY * * * Set. 74-76. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section: Financial Institution means an establishment for the custodv, loan, exchanue, or issue of monev; for the extension of credit; and for facilitatinq the transmission of funds, and includes, but is not limited to, lendinu institutions, banks, credit unions. and check- cashinq businesses. Food store selling alcoholic beverages means any food or convenience store which has a license for package sales of alcoholic beverages from the state division of beverages and tobacco in the classification of 1-APS, 2-APS or PS. Hiqh volume intersections means intersections in the citv with Levels of Service (LOS) of "E" or "F pursuant to the citv's ratinu of LOS in the Municipal Mobilitv Plan, as mav be amended from time to time. Outdoor cafe or outdoor restaurant means a use characterized by outdoor table service of food or beverages prepared for service in an adjacent or attached main structure for consumption on the premises. The term also includes outdoor bars and outdoor ice cream parlors. Package store means a store primarily engaged in the business of selling alcoholic beverages for off-premises consumption that has a license for package sales of alcoholic beverages from the state division of beverages and tobacco in the classification of 1 -APS, 2-APS or PS. Panhandling means begging, asking or soliciting in person for an immediate donation of money or other thing of value for charity or personal gain, either by words, bodily gestures, signs or other means indicating one is seeking an immediate donation or other thing of value. Person means any individual, school, party, church, religious or other association, organization, trust, foundation, group, association, partnership, corporation, society or other entity. Sidewalk cafe means a use located on a public sidewalk which is associated with a full service restaurant where food and beverages are prepared, served and sold and are delivered for consumption on the sidewalk. It is characterized by tables and chairs and may be shaded by awnings, canopies, or umbrellas if permits are obtained for such awnings, canopies or umbrellas. It shall also include the public right-of-way connecting the main restaurant to the sidewalk cafe. Solicitations means all direct person-to-person requests for immediate contributions in the form of money or other thing of value, for any religious, political, associational, educational, benevolent, health-related, humane, philanthropic, patriotic, or eleemosynary function, event, organization or purpose, or for any charitable cause. The term also includes panhandling or begging. SECTION 2. That Section 74-78, entitled "Panhandling/solicitation prohibited on public property," of Article Ill, entitled "Panhandling on Public Property," of Chapter 74, entitled "Peddlers and Solicitors," of the Miami Beach City Code, is hereby amended as follows: Sec. 74-78. Panhandlinglsolicitation prohibited on public property. Notwithstanding the city's regulations regarding charitable solicitations, it shall be unlawful for any person to panhandle or solicit on public property in the following areas: (1) Within 20 feet in any direction from the outside perimeter, as indicated in the site plan attached to the city issued permit, of any outdoor cafe, outdoor restaurant, sidewalk cafe or other establishment serving food or beverages for immediate consumption; (2) Within 20 feet in anv direction from anv Automatic Teller Machine (ATM); Within 20 feet in any direction from any entranceway into or exit from any food store selling alcoholic beverages or package store; (4) Within 20 feet in anv direction from any entrancewav into or exit from any financial institution; (5) Within 20 feet in any direction from any ~arkinq "~av-on-foot" machine, or other machine used for pavina for parkinq; (6) In anv high volume intersection in the citv. 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, 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 5. 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 6. Effective Date. This Ordinance shall take effect the day of ,2011. PASSED and ADOPTED this day of ,2011. ATTEST: Robert Parcher, City Clerk F:MTTO\TURN\ORDINANC\Panhandling 201 I .docx Mayor Matti Herrera Bower APPROVED AS TO n FORM & LANGUAGE .ISNE I THURSDAY, APRIL 28,2011 N E . ... ._ ...... ... ... ... ............. ".. .. ............... ............... .......... ........ . ......... . .. ..... . .. ........ .. - CITY OF MIAMI BEACH NOTICE PUBLIC HEARINGS NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of the City of Miami Bea?, Florida, in the Commission chambers, 3rd floor, Ci Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, May 11,2Ol1, to consider the following: F 10:17 a.m. Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, Entiffled "Traffic And Vehicles," By Amending Article 11, Entitled "Metered Parking," By Amending Division 1, Entiiled "Generally," By Amending Section 106-55, I Entitled "Parking Rates, Fees, And Penalties" To Provide Rates 1 And Criteria For The Preferred Parking Lot Located At 18th Street And Meridian Avenue, Including Providing Penalties And Amending The Fees For The Lot For Food And Beverage Social . , Events At The Miami Beach Convention Center From $15.00 To $1 0.00. Inquiries may be directed to the Parking Department 4505) 673-7275 "s 10:25 a.m. .Ordinance Amending The Code Of The City Of Miami Beach, By-Amending Chapter 74, Entiiled "Peddlers And Solicitors," By -hending Article Ill, Entiiled "Panhandling on Public Property," By Amending Section 74-76, Entiiled "Definitions," 'By Providing Definitions For Financial lnstittrtion And For High Volume Intersections; And By Amending Section 74-78, Entitled "Panhandling On Public Prope@," By Adding AdditionaI Locations Where Soliciting Or Panhandling On Public Property Will Be Considered Unlawful. Inquiries ,may be direct& to the Building Department-Code Compliance (305) 673-3555. INTERESTED PARTIES are invited to appear at this meeting or be represented by an agent or to express their views in writing addressed to the City Commission c/o the Bi Clerk, 1700 , Gnnvention Center Drive, Is Floor, City Hall, Miami Beach, Florida 331 39. Any of these items 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: rf a person decrdes to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such i person must ensure that a verbatim record of the proceedings is made, wh~ch record lncludes the testimony and evidence upon which the appeal is to be based. This notice does not constihrte consent by the Gii for the Introduction or admission of otherwise inadmissible or irrelevant evidence, I nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Ameiicans with D~sabiliies Act of 1990, persons needing special accommodation to participate in this proceeding, or to request information on access for persons with disabilities, orto requestthis publication in accessible format, or to request sign language interpreters, should contact the Ci Cierk'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 numbers, (800) 955:8771 0 or (go) 955-8770 (VOICE). AD#656 6 175 THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: I North Beach Town Center Comprehensive Plan and Zoning Amendments I Key Intended Outcome Supported: Maintain strong growth management policies 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 Citv in this area. Issue: Should the City Commission approve the ordinances on second reading and authorize the City Administration to transmit the adopted comp plan amendments to DCA and any other required state and local agencies. Item SummarylRecommendation: SECOND READING PUBLIC HEARING The proposed rezoning of the area known as the North Beach Town Center is the result of many years of planning and commun6 involvement. The intent is to stimulate private sector reinvestment and to guide future development to create a vibrant mixed-use commercial center serving the entire North Beach community. While 71 Street would be the commercial "main street", the Town Center should encompass the area from 69 - 72 Streets between Collins Avenue and Indian Creek Waterway. There are four separate ordinances required to accomplish the proposed rezoning: 1. The citywide comprehensive plan would be amended to add the new land use categories, TC-1, TC-2, and TC-3. The TC categories are nearly identical to the existing land use categories except for the "Purpose" statements and the introduction of mixed uses into the existing RM-1 multifamily areas. 2. The Future Land Use Map (FLUM), part of the citywide comprehensive plan, would be amended to replace the existing CD-3, CD-2 and RM-1 districts with the new TC districts. 3. The City's Land Development Regulations would be amended to add the new TC zoning district regulations. These would generally keep the same FAR and height limitations, but would add design standards and incentives through parking reductions. The TC-3 district would introduce office uses into the residential district and permit certain other uses as conditional uses. 4. The official zoning map would be amended to replace CD-3 with TC-I, to replace CD-2 with TC-2, and to replace RM-1 with TC-3 and TC-3(c). Advisory Board Recommendation: On June 22,201 0, the Planning Board held a public hearing, duly advertised pursuant to the requirements of State Statutes for Comprehensive Plan Amendments; and by a 5-0 vote (2 members absent) recommended approval of each one of the four North Beach Town Center ordinances. Financial Information: Source of Amount Account Funds: I 2 I3 OBPl Total Financial Impact Summary: These land use amendments are anticipated to have a positive impact on the City by encouraging redevelopment of underutilized property and creating job opportunities. City Clerk's Office Legislative Tracking: I Joyce Meyers, Planning Department Sian-Offs: Y I Department Director Assistant City ~9ager I 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: May 1 1, 201 1 SUBJECT: NORTH BEACH TOWN CENTER PLAN AND ZONING AMENDMENTS 1. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AMENDING PART II: GOALS, OBJECTIVES AND POLICIES OF THE ClTY OF MlAMl BEACH COMPREHENSIVE PLAN, POLICY 1.2 OF OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS OF THE FUTURE LAND USE ELEMENT, BY ADDING NEW CATEGORIES "TOWN CENTER CORE" (TC-1); "TOWN CENTER MIXED USE" (TC-2); AND "TOWN CENTER RESIDENTIAL OFFICE" (TC-3); AND ACCOMPANYING STANDARDS FOR LAND DEVELOPMENT REGULATIONS; AND AUTHORIZING AND DIRECTING THE ClTY ADMINISTRATION TO SUBMIT THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND ANY OTHER REQUIRED STATE AND LOCAL AGENCIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 2. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE CITY'S COMPREHENSIVE PLAN FOR THE NORTH BEACH TOWN CENTER FROM CD-3, "COMMERCIAL, HIGH INTENSITY" TO TC-I, "TOWN CENTER CORE"; FROM CD-2, "COMMERCIAL, MEDIUM INTENSITY" TO TC-2, "TOWN CENTER MIXED USE"; AND FROM RM-1, "RESIDENTIAL MULTIFAMILY, LOW INTENSITY" TO TC-3, "TOWN CENTER RESIDENTIAL OFFICE"; AND AUTHORIZING AND DIRECTING THE CITY ADMINISTRATION TO SUBMIT THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND ANY OTHER REQUIRED STATE AND LOCAL AGENCIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 3. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", BY CREATING A NEW DIVISION 20, "TC NORTH BEACH TOWN CENTER DISTRICTS", CREATING NEW ZONING DISTRICTS TC-1, TOWN CENTER CORE; TC-2, TOWN CENTER MIXED USE; AND TC-3, TOWN CENTER RESIDENTIAL OFFICE; PROVIDING FOR PURPOSE AND INTENT, DEFINITIONS, MAIN PERMITTED, CONDITIONAL, ACCESSORY AND PROHIBITED USES, North Beach Town Center comp plan and zoning May 11, 2011 Page 2 of 16 DEVELOPMENT REGULATIONS, DESIGN REVIEW STANDARDS, AND PARKING REGULATIONS; AMENDING CHAPTER 130, "OFF-STREET PARKING", ARTICLE II, "DISTRICTS; REQUIREMENTS", SECTION 13031, "PARKING DISTRICTS ESTABLISHED", AMENDING THE BOUNDARIES OF PARKING DISTRICT 4; AMENDING ARTICLE Ill, SECTION 130-68, "COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES", ADOPTING NEW REGULATIONS IN TC-3 AND GU FOR COMMERICAL AND NONCOMMERICAL PARKING GARAGES; AMENDING CHAPTER 138, "SIGNS", ARTICLE V, "SIGN REGULATIONS BY DISTRICTS", SECTION 138- 172, "SCHEDULE OF SIGN REGULATIONS FOR PRINCIPAL USE SIGNS"; CREATING A NEW SECTION 138-174, "NORTH BEACH TOWN CENTER SIGNAGE"; AMENDING CHAPTER 142, DIVISION 4, "ALCOHOLIC BEVERAGES", SECTIONS 142-1 301 AND 142-1 302 TO INCLUDE TC DISTRICTS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 4. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE ClTY CODE, BY CHANGING THE ZONING DISTRICT CLASSIFICATIONS FOR THE NORTH BEACH TOWN CENTER FROM CD-3, "COMMERCIAL, HIGH INTENSITY" TO TC-1, "TOWN CENTER CORE"; FROM CD-2, "COMMERCIAL, MEDIUM INTENSITY" TO TC- 2, "TOWN CENTER MIXED USE"; AND FROM RM-1, "RESIDENTIAL MULTIFAMILY, LOW INTENSITY" TO TC-3, "TOWN CENTER RESIDENTIAL OFFICE" AND TC-3(C) "TOWN CENTER CONDITIONAL NEIGHBORHOOD COMMERCIAL"; AND AMENDING THE AFFECTED PORTION OF THE CITY'S OFFICIAL ZONING DISTRICT MAP TO CORRESPOND WITH THESE CHANGES; PROVIDING FOR REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. BACKGROUND The North Beach Town Center Plan was adopted by the Mayor and City Commission on July 11, 2007. The purpose of the Town Center Plan is to stimulate reinvestment and guide future development to create a vibrant commercial center serving the entire North Beach community. The next step is to amend the comprehensive plan and the zoning ordinance to implement the land use and urban design recommendations in the community vision plan. The Planning Department prepared the North Beach Town Center (TC) development code as a comprehensive guide to the purpose and effect of each element of the proposed code amendments. This document was reviewed at a community workshop in North Beach on September 16, 2008 and in two workshops with the Planning Board on October 28, 2008 and November 25,2008. The Land Use and Development Committee (LUDC) discussed the proposed TC code on February 9, 2009 and heard public testimony. The Committee expressed their desire to ensure that the new regulations are not overly burdensome on developers, provide incentives to attract new development, potentially reducing the area of the Town Center to concentrate development in the blocks between Collins and Abbott Avenues, and emphasizing the importance of constructing a public parking garage. The Committee passed a motion to hold a special LUDC meeting to further discuss this item due to its importance North Beach Town Center comp plan and zoning May 11, 2011 Page 3 of 16 and complexity. Subsequently, staff met individually with the Mayor and members of the LUDC and determined that there was consensus to move forward with the ordinance including certain modifications that have been incorporated into the ordinance. The Land Use and Development Committee discussed the proposed TC code for a second time on March 22, 201 0. The Committee voted to send the item on to the Planning Board, after first holding a public workshop in the North Beach Town Center area, and with the following changes and conditions: 1) no variances to the use provisions; 2) prohibit rooftop alcoholic beverage venues; 3) limit accessory uses in hotels in the TC-3 area to a similar ratio of seats to rooms as used for South Pointe; 4) address outdoor bar counters by prohibiting or limiting to more than 100 feet from a residential use; and 5) inclusion of additional TC-3 area north of Publix into area permitting additional expanded conditional uses. The Planning Department held two additional community workshops on the proposed North Beach Town Center comprehensive plan and zoning amendments on Wednesday, May 5, 201 0. The two meetings were held at 4 PM at the Shane Rowing Center and at 6:30 PM at the North Shore Youth Center. Notices of the workshops were mailed to all property owners within a 375 feet radius of the Town Center. Comments from the community were generally positive. A detailed report is attached to this memo on page 16 as Attachment A. The Planning Board held a public hearing on June 22,2010 and subsequently voted 5-0 to recommend approval of each of the four ordinances, including the Comprehensive Plan text amendment, the Future Land Use Map amendment, the TC zoning district text amendment and the zoning map amendment. On July 26,2010, the Land Use and Development Committee discussed for a third time the proposed TC amendments to the comprehensive plan and zoning code, and unanimously recommended that it should be moved forward to first reading public hearing with the full City Commission. On September 15, 2010, the Mayor and City Commission approved the proposed TC amendments to the comprehensive plan and zoning code on first reading and authorized the Administration to transmit the comprehensive plan amendments to the Department of Community Affairs and review agencies for the purpose of a review in accordance with Section 163.31 84, Florida Statutes. The Florida Department of Community Affairs completed its review of the proposed North Beach Town Center land use amendments for consistency with Rule 9J-5, Florida Administrative Code, and Chapter 163, Part II, Florida Statutes and prepared the Objections, Recommendations and Comments Report (ORC) identifying one objection to the proposed amendments. The Administration reviewed the objection and made adjustments to the language of the proposed amendments in order to respond and comply with the ORC Report. These changes are described in the Analysis section of this memo. The second reading of the proposed TC comprehensive plan amendments was required by Florida Statutes to be delayed until after the citywide comprehensive plan amendments were adopted, which took place on April 13, 201 1. North Beach Town Center comp plan and zoning May 11,2011 Page 4 of 16 ANALYSIS Below is an analysis of the various changes proposed to the Zoning Code and the Comprehensive Plan. The analysis of the Zoning Code amendments, which contain important proposed changes to the District Regulations, begins below on this page. Analysis of the Comprehensive Plan amendments, which are required by the State in order to permit the zoning changes, begins on page 10. (Note that it is also a technical requirement that the Commission adopt the Comprehensive Plan amendments first, and then afterwards adopt the zoning amendments.) Zoning Code Amendments The proposed land development regulations for the North Beach Town Center will create three new zoning districts as shown on the maps on page 5. The boundaries of the proposed new zoning districts will exactly follow the boundaries of the existing CD-3, CD-2 and RM-1 zoning district boundaries on the zoning map. TC-1, Town Center Core district replaces the CD-3 Commercial High lntensity district TC-2, Town Center Mixed Use district replaces the CD-2 Commercial Medium lntensity district TC-3, Town Center Residential Office district replaces the RM-1 Residential Multi- Family Low lntensity district TC-3(c) is a sub-district within TC-3 that differs only in that certain neighborhood-oriented commercial uses may be permissible as conditional uses The TC North Beach Town Center Districts are intended to: promote development of a compact, pedestrian-oriented town center consisting of a high-intensity employment center, vibrant and dynamic mixed-use areas, and attractive residential living environments with compatible office uses and neighborhood-oriented commercial services; promote a diverse mix of residential, business, commercial, office, institutional, educational, and cultural and entertainment activities for workers, visitors and residents; encourage pedestrian-oriented development within walking distance of transit opportunities at densities and intensities that will help to support transit usage and town center businesses; provide opportunities for livelwork lifestyles and increase the availability of affordable office space in the North Beach area; promote the health and well-being of residents by encouraging physical activity, waterfront access, alternative transportation, and greater social interaction; create a place that represents a unique, attractive and memorable destination for residents and visitors; enhance the community's character through the promotion of high-quality urban design. North Beach Town Center comp plan and zoning May 11, 2011 Page 5 of 16 North Beach Town Center Proposed Zoning Changes Proposed Zoning Districts North Beach Town Center comp plan and zoning May 1 1, 201 1 Page 6 of 16 Proposed District Regulations TC-1 Town Center Core District The TC-1 district is intended to encourage and enhance the high-intensity commercial employment center function of the Town Center's core area and its regulations are intended to support the Town Center's role as the hub of community-wide importance for business, office, retail, governmental services, culture and entertainment while also accommodating mixed-use and residential projects as important components of the area's vitality. Maximum Floor Area Ratio (FAR) and maximum building height would remain the same as CD-3. The maximum FAR is 2.25 for lots 45,000 sq. ft of less and 2.75 for lots over 45,000 sq. ft. Maximum building height is 75 feet or 7 stories. Permissible land uses would remain the same except as noted below. Following are highlights of proposed regulations in TC-1 that are different from CD-3: 1. Land uses: outdoor bar counters, accessory to a hotel, located within 100 feet of an apartment unit may not be operated between 8 pm and 8 am. Also, alcoholic beverage establishments may not be located in any open area about the ground floor, except restaurants with less than 40 seats until 8 pm with no music. 2. Minimum setback requirements - 5 feet adjacent to all streets; 10 feet side and rear where abutting a TC-3 district or a future alley; otherwise 0 feet 3. An increased setback would be required for portions of buildings above 50 feet in height along 71 Street equal to 1 ft. setback for each 1 ft. of height above 50 feet (max. 25 ft setback for a 75 ft. high building) This is intended to maintain a more human scale for buildings facing 71 Street. 4. Ground floor retail, restaurant or cultural space would be required for 75% of the frontage along 71 St and Collins Ave. in order to develop a cohesive retail storefront district. Distance separation from schools would be waived for restaurants serving alcoholic beverages. 5. Open space would be required for building sites over 20,000 sq. ft. in the form of an urban plaza occupying at least 5% of the lot area. 6. Publicly accessible waterfront pedestrian walkways would be incentivized along Indian Creek in exchange for a reduced setback for buildings along the waterfront. 7. A dedication or easement for an alley would be required in the rear or side setback area. The creation of alleys is an extremely important means of improving vehicular traffic flow by removing service and delivery functions from the main streets. It will also enhance the safety and comfort of the pedestrian environment by reducing curb cuts that create conflicts between vehicles pedestrians and bicycles. 8. Allowable encroachments in required yard areas would be more limited. 9. Signage regulations would be slightly modified to be more compatible with required shade trees along the street. TC-2 Town Center Mixed Use District The TC-2 district is intended to support medium intensity mixed-use (residential/nonresidential) projects with active retail ground floor uses. Maximum development intensity, including Floor Area Ratio (FAR) and maximum building height would remain the same as CD -2. The maximum FAR is 1.5 with a .5 bonus for residential mixed-use and the maximum height is 50 feet. Permissible land uses would remain the same except as noted below. North Beach Town Center comp plan and zoning May I I, 2011 Page 7 of 16 Following are highlights of proposed regulations in TC-2 that are different from CD-2: 1. Land uses: outdoor bar counters, accessory to a hotel, located within 100 feet of an apartment unit may not be operated between 8 pm and 8 am. Also, alcoholic beverage establishments may not be located in any open area about the ground floor, except restaurants with less than 40 seats until 8 pm with no music. 2. Minimum setback requirements - 5 feet adjacent to all streets; 10 feet side and rear where abutting a future alley; otherwise 0 feet 3. Ground floor retail, restaurant or cultural space would be required for 75% of the frontage along 71 St and Collins Ave. in order to develop a cohesive retail storefront district. Distance separation from schools would be waived for restaurants serving alcoholic beverages. 4. Open space would be required for building sites over 20,000 sq. ft. in the form of an urban plaza occupying at least 5% of the lot area. 5. Publicly accessible waterfront pedestrian walkways would be incentivized in exchange for a reduced setback for buildings along the waterfront. 6. A dedication or easement for an alley would be required in the rear or side setback area. 7. Allowable encroachments in required yard areas would be more limited. 8. Signage regulations would be slightly modified to be more compatible with required shade trees along the street. TC-3 Town Center Residential Office District The TC-3 district is intended to accommodate low density multi-family residential development and low intensity office and tourist lodging uses, and also to accommodate small-scale ground floor neighborhood commercial uses that are compatible with the residential character of the TC-3 district in certain areas designated as TC-3(c) on the zoning map. Maximum Floor Area Ratio (FAR) would remain at 1.25, which is the same as RM-I. Following are highlights of proposed regulations in TC-3 that are different from RM-1: 1. The list of permissible land uses would be expanded to allow neighborhood compatible mixed uses and to provide diverse opportunities for employment. a. Main permitted uses - residential and office b. Conditional uses - RM-1 conditional uses plus hotels c. Accessory uses - RM-1 accessory uses and special regulations for hotels outlined in Sec. 142-736 (c) (3) on pages 7-8 of the ordinance. d. Prohibited uses - accessory uses associated with hotels including dance halls, outdoor entertainment establishment, open air entertainment establishment; outdoor bar counter and alcoholic beverage establishments located in any open area above the ground floor. 2. A subdistrict within TC-3, which is labeled TC-3(c) on the zoning map, (see map on page 5) would provide for Conditional Uses in limited areas. These would include the following neighborhood retail and service uses located on the ground floor and limited to 2,500 sq. ft. or less per establishment: antique stores, artlcraft galleries, artist studios, bakery or specialty food stores, barber shops and beauty salons, dry cleaner with off-site processing (dry cleaning receiving station), newspapers and magazines, North Beach Town Center comp plan and zoning May I I, 201 1 Page 8 of 16 photo studio, shoe repair, tailor or dressmaker, food service establishments with less than 30 seats (including outdoor cafe seating with alcohol limited to beer and wine and closing no later than 11 :00 PM, full service restaurants serving alcoholic beverage or with 30 seats or more may be permitted only on waterfront properties with a publicly accessible waterfront walkway Comments from the community meeting on May 5,201 0 would encourage the City to expand this list of uses, and to make the conditional use process less time consuming and expensive for small businesses to undertake. 3. Commercial and non-commercial parking garages are permissible as conditional uses in RM-1 and would also be conditional uses in the TC-3 district. A new subsection Sec. 130-68 (9) is proposed in Chapter 130. "Off Street Parking" to consolidate regulations pertaining to parking garages in TC-3. Most of the regulations would be the same as for parking garages in RM-I, with the following exceptions. a. commercial uses would be permissible as conditional uses on the ground floor of a parking structure without limitation on size, except that the total combined commercial and/or residential space shall not to exceed 25% of the total floor area of the structure. b. residential or commercial uses would be required on the first level facing a street or waterway, but would not be required on the upper floors. c. the parking spaces may serve residential or commercial uses without limitation on the percentage of residential spaces. d. minimum front yard setbacks would be reduced from 15 feet to 10 feet facing streets with right-of-way greater than 50 feet. This would apply only to front yards along Abbott Ave. and Indian Creek Drive. (Note: this provision was added subsequent to the Planning Board hearing on 6/22/10 and prior to the LUDC meeting on 712611 0.) 4. Minimum setback requirements - 15 feet front yard (exceptions see 3d.above); 7.5 feet side yard facing a street (10 feet for lots over 50 feet in width); 7.5 feet side interior lot line except 10 feet for buildings over 33 feet in height and 10 feet where abutting TC-1; 10 feet rear yard; 30 feet adjacent to any waterfront 5. Height limitations are proposed to ensure compatibility with the predominant low scale built environment as follows: a. maximum building height 4 stories or 45 feet, except for waterfront lots which may be 5 stories or 50 feet due to the greater (20 ft) setback requirement b. increased setback (1 :I ratio) would be required for portions of buildings above 23 feet in height along the front lot line to be compatible with the existing 2-story buildings c. rear yard setbacks (1 :I ratio) would be required for portions of buildings above 33 feet in height d. limitations on rooftop features that may exceed the height and setbacks North Beach Town Center comp plan and zoning May I I, 2011 Page 9 of 16 Parking regulations in the North Beach Town Center are intended to provide centralized public parking garages to serve the Town Center; to minimize the amount of on-site parking required for individual lots, thereby reducing building bulk and maximizing ground floor space available for retail and restaurant uses; and to promote walking, bicycling and transit ridership to help reduce the demand for parking within the district. The following provisions are recommended: I. to modify the boundaries of Parking District #4 to include all of the TC-1 and TC-2 districts (see section 3 on page 16 of the proposed ordinance) 2. to permit offsite parking within a distance of 800 feet from the development site 3. to reduce the residential parking requirements for smaller units 4. to encourage shared parking between uses that have different peak usage periods and add residential uses to the calculation of shared parking minimums (see Sec. 130-221 of the City Code) 5. to provide a parking credit as an incentive for developers to provide urban plaza space or space for a public library 6. to provide a parking credit for bicycle parking and for commercial developments that provide showers for bicycle commuters 7. to define parking requirements for "live-work units. Minimum bicvcle parkinq requirements for various land uses are proposed for the TC districts. The bicycle parking requirements are based on the LEED (Leadership in Energy and Environmental Design) standards for neighborhood development. The Administration envisions these bicycle parking standards to be a model for the entire city. Streetsca~e improvements are required to be constructed by developers and detailed design standards are set forth in the North Beach Town Center Design Standards (see below). This includes sidewalks in the public right-of-way and a minimum 5-feet-wide setback area on private property adjoining all streets. Design Review Standards were created to further define and illustrate the urban design intent for the North Beach Town Center. This is a separate document that was adopted by the Design Review Board on December 7,201 0. It is entitled "Design Review Standards for the North Beach Town Center TC Zoning Districts"; also known as the "NBTC Design Standards". The document contains customized design standards for such things as access drives, alleys, parking, building location on the lot, shade canopies, waterfront pedestrian walkways, urban plazas, signs, and streetscape design. It also contains the lnfill Regulating Plan which illustrates the plan for the entire Town Center and shows how individual lots should relate to the whole. North Beach Town Center comp plan and zoning May 11,2011 Page 10 of 16 Comprehensive Plan amendments The ~ro~osed amendments to the comprehensive plan would create three new land use categories, Town Center Core TC-1, own Center Commercial TC-2 and Town Center Residential Office TC-3, based upon a lengthy neighborhood planning process that resulted in a vision for a more intensely developed, mixed use "Town Center" to serve the entire North Beach community. These three new TC categories are proposed to replace the existing land use categories on the Future Land Use Map, as shown below. The affected area is bounded by Collins Avenue on the east, 69 Street on the south, Indian Creek Waterway on the west and 72 Street on the North. Proposed Future Land Use Map (FLUM) amendment Following is a summary comparison of the existing comprehensive plan and proposed amendments for the North Beach Town Center TC categories. TC-1 - Existing: CD-3 High Intensity Commercial Proposed: Town Center Core TC-1 The TC-1 category is identical to the CD-3 category except for the "Purpose" statement, which describes the special purpose and intent for the core area of the North Beach Town Center. Land uses, density and intensity (FAR) remain the same. North Beach Town Center comp plan and zoning May 11,201 I Page 11 of 16 TC-2 Existing: CD-2 Medium lntensity Commercial Proposed: Town Center Commercial TC-2 The TC-2 category is identical to the CD-2 category except for the "Purpose" statement, which describes the special purpose and intent for the commercial area of the North Beach Town Center. Land uses, density and intensity (FAR) remain the same. TC-3 - Existing: RM-1 Low Density Multi Family Residential Proposed: Town Center Residential Office TC-3 The TC-3 category differs from the RM-1 category by expanding the list of permissible land uses. The RM-1 category is limited to residential uses, whereas the TC-3 category would allow residential, office, hotel, and neighborhood retail and service uses. The low density and intensity (FAR 1.25) from the RM-1 district would remain unchanged. The "Purpose" statement describes the special purpose and intent for the TC-3 area of the North Beach Town Center. Proposed TC Comp Plan amendment Town Center Core TC-1 To encourage and enhance the high- intensity commercial employment center function of the Town Center's core area, as well as, support the Town Center's role as the hub of community-wide importance for business, office, retail, governmental services, culture and entertainment. Various types of commercial uses including, business and professional offices, retail sales and service establishments, eating and drinking establishments; and apartment residential uses; apartment hotels; and hotels. 150 dwelling units per acre FAR 2.25 on lot area 145,000 sq. ft. and FAR 2.75 on lot area >45,000 sq. ft. Town Center Commercial fTC-2) To provide support for medium intensity mixed-use (residential1 nonresidential) projects with active retail ground floor uses. Various types of commercial uses including, business and professional offices, retail sales and service establishments, eating and drinking establishments, apartment residential uses, hotels, and apartment hotels. 100 dwelling units per acre FAR 1.5 for commercial; FAR 2.0 for residential or mixed use Category TC-1 Purpose Land uses Density limits Intensity TC-2 - Purpose Land uses Density limits Intensity Existing Comp Plan as amended CD-3 High Intensity Commercial To provide development opportunities for and to enhance the desirability and quality of existing andlor new medium intensity commercial areas which primarily serve the entire city. Various types of commercial uses including business and professional offices, retail sales and service establishments, eating and drinking establishments; apartment residential uses; apartment hotels; and hotels. 150 dwelling units per acre FAR 2.25 on lot area 545,000 sq. ft. and FAR 2.75 on lot area >45,000 sq. ft . CD-2 Medium Intensity Commercial To provide development opportunities for and to enhance the desirability and quality of existing andlor new medium intensity commercial areas which serve the entire city. Various types of commercial uses including business and professional offices, retail sales and service establishments, eating and drinking establishments; apartment residential uses; apartment hotels; and hotels. 100 dwelling units per acre FAR 1.5 for commercial; FAR 2.0 for residential or mixed use North Beach Town Center comp plan and zoning May I I, 201 I Page 12 of 16 Amendments to the comprehensive plan are a necessary precursor to the enactment of the North Beach Town Center TC zoning code. The primary reason for this is the mixture of land uses proposed for the TC-3 district (currently RM-1 low density multi-family residential). The proposed TC-3 district would add office uses as a main permitted use and also offer conditional uses for hotel and certain neighborhood-oriented commercial uses. This expansion of permissible land uses was deemed to be especially important to the North Beach Town Center to provide a transition between the high intensity core (TC-1) and the surrounding low density multifamily residential district, to provide a variety of employment opportunities, to provide opportunities for small business development, to reduce the need for long distance home to work trips and to enliven the pedestrian environment. If not for this change in TC-3 land uses, the entire package TC zoning code amendments could be adopted without amending the comprehensive plan. Since a comprehensive plan amendment is required for the TC-3 district, the Planning Department has opted to propose new future land use categories for all three districts: TC-1, TC-2 and TC-3. This will highlight the specific intent and purpose of the North Beach Town Center development plan and set the TC districts apart from other commercial and residentialloffice districts throughout the City. Proposed TC Comp Plan amendment Town Center Residential Office (TC-3) To provide a transition between the high intensity Town Center Core and the surrounding low intensity residential multi- family districts, by providing for contextually compatible residential and mixed-use development within an established, pedestrian, bicycle and transit oriented residential environment. Office and tourist lodging facilities are intended to provide a variety of employment opportunities to support the local economy and to reduce the need for long distance Category TC-3 Purpose home to work vehicle trips. Neighborhood oriented retail and service uses are Existing Comp Plan as amended RM-1 Low Density Multi Family Residential To provide development opportunities for and to enhance the desirability and quality of existing and/or new low density multi family residential areas. North Beach Town Cenfer comp plan and zoning May I?, 201 1 Page 13 of 16 Department of Community Affairs (DCA) review The Florida Department of Community Affairs (DCA) completed its review of the proposed land use amendments for consistency with Rule 9J-5, Florida Administrative Code, and Chapter 163, Part 11, Florida Statutes and prepared the Objections, Recommendations and Comments Report (ORC). The DCA identified the following objection and recommendation to the proposed amendment: Obiection I (Types of Uses): The three proposed new FLUM categories (TC-1, TC-2 and TC-3) for the North Beach Town Center generally adequately describe the types of uses that are permissible in each category. However, the following text is also added to each of the FLUM categories: "Other uses which may be permitted are accessory uses specifically authorized in this land use category, as described in the Land Development regulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to go through a public hearing process as prescribed in the Land Development Regulations of the Code of the City of Miami Beach." This additional text is objectionable because it defers the "other uses" to the land development regulations. Also, the terms "other uses" and "subordinate" are not defined and are therefore not meaningful and predictable. Authoritv: Section 163.3177(6)(a) and (g); and 163.3184, F.S.; and Rules 9J-5.003(90); and 9J- 5.005(6), F.A.C. Recommendation: The City should delete the text quoted above from the descriptions of the TC-1, TC-2 and TC-3 land uses categories in Future Land Use Policy 1.2. In response to DCA, the Administration has deleted the objectionable language and substituted lists of the accessory uses and conditional uses that are permissible in the proposed zoning ordinance for TC-1, TC-2 and TC-3. Modifications since First Reading, September 15,2010 During the long interval while the proposed comprehensive plan amendments were under review by the DCA, the Administration continued to make refinements in the proposed land development regulations. These refinements are indicated by strikethrough and double underlining in the proposed ordinance. Following is a summary of the changes: A new section (d) was added to Sec. 142-736 to reconcile TC-1, TC-2 and TC-3 with other sections of the land development regulations that refer to the previous zoning districts in the Town Center, i.e., CD-3, Cd-3 and RM-I (Comp Plan Text Amendment Ordinance p. 8). I Waterfront setbacks are changed from a minimum of 20 feet to a minimum of 30 feet; however, the Design Review board may allow the waterfront setback to be decreased to not less than 15 feet if the property provides a public assess waterfront walkway (Ordinance p. 1 1). Waterfront Pedestrian Walkways are deleted as a mandatory requirement (p. 12). This is replaced by an incentive to provide a public access walkway in exchange for a reduction in the minimum setback (Ordinance p. 11). North Beach Town Center comp plan and zoning May I I, 2011 Page 14 of 16 Minimum open space is reduced from 10% to 5% of the lot area for development sites over 20,000 sq. ft. (Ordinance p. 12). New language is added to the Alleys section to clarify that the requirement to dedicate space for new alleys is flexible in location according to the configuration of individual lots and blocks and is not intended bifurcate lot assemblages (Ordinance p. 12). The boundaries for Parking District No. 4 are expanded to include TC-2 as well as TC-1 (Ordinance p. 17). This modification will only affect the I-Hop and former Denny's sites fronting Collins Avenue near 69 Street. It is consistent with policy direction from the Land Use and Development Committee that would expand the parking district throughout other portions on North Beach in a separate piece of legislation. The regulations for commercial and noncommercial parking garages in TC-3 are clarified with regard to ground level uses; the maximum percentage of total floor area permitted to be used for residential or commercial uses is increased from 25% to 35%; and minimum setbacks are reduced from 15 feet to 10 feet facing streets that are wider than 50 feet (includes Abbott Av. and Indian Creek Drive) (Ordinance p. 18). Economic Impact In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there may be the following positive and negative economic impacts from the proposed North Beach Town Center zoning code. The overall economic impact is expected to be positive, as these specially crafted TC zoning districts send a clear message that the City welcomes and encourages redevelopment of greater intensity, and variety within the Town Center. When the real estate market rebounds following the recession, staff anticipates that the latent demand for retail, restaurant, personal services, office space and quality housing in the North Beach community will support reinvestment in the Town Center. Many parking lots and underutilized commercial properties will be redeveloped with mixed uses. The reduced parking requirements in this ordinance provide a significant incentive through cost savings for new development. The proposed city-subsidized parking garage would further expand the economic incentives for private sector redevelopment. Properties in the TC-3 district, which are currently limited to residential uses, will have many more land use options, including office, hotel and neighborhood-oriented retail and personal services This may lead to increased property values and benefit the local economy by proving affordable space for small business development. A few of the proposed land development regulations could be perceived to have potential negative impacts on the flexibility to design new construction to achieve maximum value. These include increased building setbacks, alley dedications, and lower height limits in the TC-3 district. However, the Planning Department has carefully studied these conditions and is confident that a suitable building envelope is provided by the proposed regulations to allow new construction up to the maximum FAR. Height restrictions in TC-3 are North Beach Town Center comp plan and zoning May 11, 201 I Page 15 of 16 counterbalanced by reduced minimum setbacks; and the space occupied by waterfront walkways is counterbalanced by reduced setbacks, greater height and the opportunity to provide retail and restaurant uses along the waterfront. Furthermore, the Administration believes that the overall benefits to be gained by these development regulations will help to increase property values throughout the Town Center and far outweigh any inconvenience to individual properties. During the May 5, 2010 community meetings, some property owners brought up the following economic concerns: (1) that mandatory retail uses on 71 Street and Collins Avenue would be burdensome in the present day economy due to a lack of qualified tenants. (2) that the conditional use approval process in TC-3(c) would be too expensive and time consuming for small business to undertake; (3) that mandatory closing by 11 PM would be an undue economic hardship on restaurants that would be allowed to locate along the Indian Creek waterway; and (4) that parking requirements should be eliminated or reduced in the TC-3 district for office and neighborhood commercial uses. The Administration recognizes that there could be some validity to the concern about mandatory retail uses on 71 Street and Collins Ave. in the current market, but believes that this is a short term condition and that the long term economic success of the Town Center district as a viable shopping district depends upon having continuous retail frontage along the major streets. It should be noted that existing uses would not be affected. The Administration agrees that the conditional use application process may be a deterrent to many small businesses. The Planning Board approved a solution to the third concern by increasing the closing time to 12 midnight, subject to limitations that may be placed in the conditional use permit on a case by case basis. The administration recognizes that parking requirements in the TC-3 district will place a burden on small businesses that may wish to locate there, but it may be prudent to wait until a parking garage is assured in this district. ADMINISTRATION RECOMMENDATION In view of the above analysis, the Administration recommends that the Mayor and City Commission should adopt all four ordinances on second reading and direct the City Administration to submit the adopted Comprehensive Plan amendments and the Future Land Use Map amendments to the Florida Department of Community Affairs and any other required state and local agencies. JGM\JGG\ &L L JAM T:WGENDAV011\5-11-I l\TC zoning amend memo.doc North Beach Town Center comp plan and zoning May I I, 201 I Page 16 of I6 Attachment A Report from North Beach Town Center Zoning Community Meetings - May 5,2010 The Planning Department held two community meetings on Wednesday, May 5,201 0 on the proposed North Beach Town Center zoning amendments. The two meetings were held at 4 PM at the Shane Rowing Center and at 6:30 PM at the North Shore Youth Center. Notices of the workshops were mailed to all property owners within a 375 feet radius of the Town Center. A total of approximately 40 people attended the two workshops, including about equal numbers of business persons and interested residents. The feedback was very positive. Everyone supported the concept of encouraging redevelopment of a more intense, walkable, mixed-use Town Center. Several people asked about what incentives the City can offer to stimulate private investment, such as greater height and FAR. Planning staff responded that public parking is the primary incentive available at this time; and they described the RFLl for a public-private joint venture parking garage in North Beach. Staff also highlighted the important steps the City is taking to support cultural activities in the Town Center by rehabilitating the North Beach Bandshell and seeking new groups to operate the Byron Carlyle Theater. Several people expressed a desire to allow greater flexibility in the types of retaillservice uses proposed for conditional uses the TC-3 Town Center Residential Office district. No one objected to introducing retaillservice uses into these residential blocks; and everyone supported allowing office uses in TC-3. One person stated that the proposed 11 PM closing time for a restaurant located on the Indian Creek waterfront would make it financially infeasible for the restaurant owner. Everyone present agreed that the indoor portion of a waterfront restaurant could remain open to a later hour without harming the surrounding residential uses. Several people expressed a desire to make parking requirements more flexible for new businesses located in the TC-3 district, perhaps by allowing them to pay parking mitigation fees. Regarding the TC-1 Town Center Core district, two people expressed concern that the requirement for retail/restaurant/cultural uses on 75% of the ground floor frontage facing 71 Street and Collins Avenue could result in numerous vacancies if there is not a sufficient market for such uses. One person stated that the North Beach Town Center should not be subjected to the same restrictions on outdoor dining and entertainment as South Beach because North Beach is different; and no one expressed any disagreement with the sentiment. Background: The proposed zoning code would create a special district called "Town Center" (TC), with three sub-districts tailored to replace the current CD-3, CD-2 and RM-1 zoning districts. The TC district is intended to enhance the built environment with custom- tailored land use, urban design and parking regulations. The area affected by the proposed TC zoning revision is bounded on the north by 72 Street, on the east by Collins Avenue, on the south by 69 Street and on the west by the Indian Creek waterway. The proposed North Beach Town Center zoning amendments are a direct result of the Master Plan for the North Beach Town Center, which was developed during numerous community workshops and adopted by the City Commission in July 2007. The zoning amendments are scheduled for a public hearing at the Miami Beach Planning Board on May 25, 2010. THIS PAGE INTENTIONALLY LEFT BLANK Comp Plan Text Amendment znd Reading ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING PART II: GOALS, OBJECTIVES AND POLICIES OF THE CITY OF MIAMI BEACH COMPREHENSIVE PLAN, POLICY 1.2 OF OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS OF THE FUTURE LAND USE ELEMENT, BY ADDING NEW CATEGORIES "TOWN CENTER CORE" (TC-I); "TOWN CENTER MIXED USE" (TC-2); AND "TOWN CENTER RESIDENTIAL OFFICE" (TC-3); AND ACCOMPANYING STANDARDS FOR LAND DEVELOPMENT REGULATIONS; AND AUTHORIZING AND DIRECTING THE CITY ADMINISTRATION TO SUBMIT THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND ANY OTHER REQUIRED STATE AND LOCAL AGENCIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Miami Beach Mayor and City Commission adopted the North Beach Town Center Plan by Resolution No. 2007-26600 on July 1 I, 2007 in order to provide comprehensive guidance for private and public sector initiatives toward redevelopment and revitalization in the area bounded by 73 Street, the Atlantic Ocean, 69 Street, and Indian Creek Waterway; and WHEREAS, the North Beach Town Center will be guided by the Comprehensive Plan as amended in order to achieve the vision set forth in the North Beach Town Center Plan; and WHEREAS, amending the text of the City of Miami Beach Comprehensive Plan as provided herein is necessary to ensure that development of the North Beach Town Center will be compatible with development in adjacent and surrounding areas, and will contribute to the health and general welfare of the City; and WHEREAS, the North Beach Town Center districts are intended to: 1. Promote development of a compact, pedestrian-oriented town center consisting of a high-intensity employment center, vibrant and dynamic mixed- use areas, and attractive residential living environments with compatible office uses and neighborhood-oriented commercial services. 2. Promote a diverse mix of residential, business, commercial, office, institutional, educational, and cultural and entertainment activities for workers, visitors and residents. Comp Plan Text Amendment 2"d Reading 3. Encourage pedestrian-oriented development within walking distance of transit opportunities at densities and intensities that will help to support transit usage and town center businesses. 4. Provide opportunities for livelwork lifestyles and increase the availability of affordable office space in the North Beach area. 5. Promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction. 6. Create a place that represents a unique, attractive and memorable destination for residents and visitors. 7. Enhance the community's character through the promotion of high-quality urban design. WHEREAS, the TC-1 district is intended to encourage and enhance the high- intensity commercial employment center function of the Town Center's core area and its regulations are intended to support the Town Center's role as the hub of community-wide importance for business, office, retail, governmental services, culture and entertainment while also accommodating mixed-use and residential projects as important components of the area's vitality; and WHEREAS, the TC-2 district is intended to support medium intensity mixed-use (residentiallnonresidential) projects with active retail ground floor uses; and WHEREAS, the TC-3 district is intended to accommodate low density multi- family residential development and low intensity office and tourist lodging uses, and also accommodating small-scale ground floor neighborhood commercial uses that are compatible with the residential character of the TC-3 district. WHEREAS, the City Commission hereby finds that the adoption of this Ordinance is in the best interest and welfare of the residents of the City; and WHEREAS, the City Commission, upon first reading of this Ordinance, authorized its transmittal to the Department of Community Affairs and review agencies for the purpose of a review in accordance with Section 163.31 84, Florida Statutes; and WHEREAS, the Florida Department of Community Affairs completed its review of the proposed North Beach Town Center land use amendments for consistency with Rule 9J-5, Florida Administrative Code, and Chapter 163, Part II, Florida Statutes and prepared the Objections, Recommendations and Comments Report (ORC) identifying certain objections to the proposed amendments; and Comp Plan Text Amendment 2nd Reading WHEREAS, the Administration reviewed the Objections and made adjustments to the language of the proposed amendments in order to respond and comply with the Objections listed in the ORC Report; and WHEREAS, the City Commission of the City of Miami Beach, upon second reading public hearing is in agreement with the changes made to the proposed amendments and adopts such amendments to the City's Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENTS TO THE ClTY OF MIAMI BEACH COMPREHENSIVE PLAN. That Policy 1.2 of Objective 1, Land Development Regulations of the Future Land Use Element of the City of Miami Beach Comprehensive Plan is hereby modified as follows: PART 11: GOALS, OBJECTIVES AND POLICIES FUTURE LAND .USE ELEMENT GOAL: Ensure that the character and location of land uses maximize the potential for economic benefit and the enjoyment of natural and man-made resources by citizens while minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation. OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS Future growth and development, redevelopment and rehabilitation will be managed through the preparation, adoption, implementation and enforcement of land development regulations. Policy I .2 The land development regulations which implement this Comprehensive Plan shall, at a minimum, be based on and be consistent with S. 163.3202, F.S. and shall further be based on the following standards for land use category, and land use intensity: Comp Plan Text Amendment 2nd Reading Town Center Core Category (TC-I) Purpose: To encourage and enhance the high-intensity commercial emplovment center function of the Town Center's core area, as well as, support the Town Center's role as the hub of communitv-wide importance for business, office, retail, governmental services, culture and entertainment. Uses which rnav be Permitted: Various types of commercial uses including, business and professional offices, retail sales and service establishments, eating and drinkinq establishments; and apartment residential uses; apartment hotels; and hotels. Other uses which rnav be permitted are accessorv uses that are incidental to and customarilv associated with the main Permitted uses such as accessory outdoor bar counter, sidewalk cafe. storaae of supplies normallv used in connection with a permitted use, off-street parkina and loading, and other similar accessorv uses. The conditional uses which rnav be permitted are public and Private institutions such as adult conareaate livina facilities. nursina homes. reliaious uses. schools~ dav care, museums. theaters, cultural and similar uses: parkina lots and aaraaes: commercial uses of an im~act or intensitv deemed to require additional review such as outdoor entertainment establishment, neiahborhood impact establishment. open air entertainment establishment: and video arcades. Densitv Limits: 150 dwelling units per acre; Intensity Limits: a floor area ratio of 2.25 on lot area equal to or less than 45,000 sq. ft:and a floor area ratio of 2.75 on lot area greater than 45,000 sq. ft. lntensitv Limits: Intensity mav be limited bv such set back, height, floor area ratio andlor other restrictions as the City Commission acting in a legislative capacitv determines can effectuate the purpose of this land use categorv and otherwise implement complementarv public policv. However, in no case shall the intensitv exceed a floor area ratio of 2.75. Town Center Commercial Category (TC-2) Purpose: To provide support for medium intensitv mixed-use (residentiallnonresidential) proiects with active retail ground floor uses. Uses which rnav be Permitted: Various tvpes of commercial uses including, business and professional offices, retail sales and service establishments, eating and drinkinq establishments, apartment residential uses, hotels, and apartment hotels. Other uses which rnav be permitted are accessorv uses that are incidental to and customarilv associated with the main permitted uses such as accessory outdoor bar Comp Plan Text Amendment 2nd Reading counter. sidewalk cafe. storage of supplies normallv used in connection with a permitted use. off-street parkina and loadina. and other similar accessory uses. The conditional uses which mav be permitted are public and private institutions such as adult conareaate livina facilities. nursina homes, religious uses. schools. dav care, museums. theaters. cultural and similar uses: parkina lots and aaraaes: commercial uses of an impact or intensitv deemed to require additional review such as outdoor entertainment establishment. neighborhood impact establishment. open air entertainment establishment: and video arcades. Densitv Limits: 100 dwelling units per acre lntensitv Limits: a floor area ratio of 1.5 for commercial; 2.0 for residential or mixed use lntensitv Limits: Intensity may be limited by such set back, height, floor area ratio and/or other restrictions as the City Commission acting in a legislative capacity determines can effectuate the purpose of this land use category and otherwise implement complementarv public policv. However, in no case shall the intensity exceed a floor area ratio of 2.0. Town Center Residential Office (TC-3) Purpose: To provide a transition between the high intensity Town Center Core and the surrounding low intensitv residential multi-familv districts, bv providinq for contextually compatible residential and mixed-use development within an established, pedestrian, bicvcle and transit oriented residential environment. Office and tourist lodqing facilities are intended to provide a varietv of emplovment opportunities to support the local economv and to reduce the need for long distance home to work vehicle trips. Neighborhood oriented retail and service uses are intended to provide opportunities for small business development and to enliven the pedestrian environment. Uses which may be permitted: Existing single familv detached dwellings; single familv attached dwellinqs, townhouse dwellings, multiple familv dwellings, offices, hotels, and neighborhood retail and services. Other uses which mav be permitted are accessory uses that are incidental to and customarilv associated with the main permitted uses such as a dinina room. health club or other services solelv for use of the occupants of an apartment buildina. accessorv restaurants. bars and services in a hotel. sidewalk cafe. storaae of sup~lies normallv used in connection with a permitted use. off-street parkina and loadina, and other similar accessorv uses. The conditional uses which mav be permitted are public and private institutions such as adult conareaate livina facilities. nursina homes. reliaious uses. schools, dav care and similar institutional uses. hotels, parkina lots and aaraaes, and neiahborhood-oriented retail and ~ersonal service uses. Comp Plan Text Amendment 2nd Reading Density Limits: 60 dwelling units per acre. Intensity Limits: a floor area ratio of 1.25 lntensitv Limits: lntensitv may be limited by such set back, height, floor area ratio andlor other restrictions as the City Commission acting in a legislative capacity determines can effectuate the purpose of this land use cateqorv and otherwise implement complementary public policv. However, in no case shall the intensity exceed a floor area ratio of 1.25. SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILIN. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. INCLUSION IN COMPREHENSIVE PLAN It is the intention of the City Commission, and it is hereby ordained that Section 1 is made part of the City of Miami Beach Comprehensive plan, 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 5. EFFECTIVE DATE. This Ordinance shall take effect on the day of , 20; however, the effective date of any plan amendment shall be in accordance with Section 163.3184, Florida Statutes. PASSED and ADOPTED this day of ,20-. MAYOR ATTEST: ClN CLERK First Reading: Second Reading: Comp Plan Text Amendment 2"d Reading APPROVED AS TO FORM AND LANGUAGE Verified by: Richard Lorber, AICP, LEED Date Planning Director F:\PLAN\$ALLUVleyers\Town Center Plan\City Commission 201 1\TC COMP PLAN TEXT AMEND ord 2nd reading.doc THIS PAGE INTENTIONALLY LEFT BLANK FLUM 2nd Reading ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE CITY'S COMPREHENSIVE PLAN FOR THE NORTH BEACH TOWN CENTER FROM CD-3, "COMMERCIAL, HIGH INTENSITY" TO TC-1, "TOWN CENTER CORE"; FROM CD-2, "COMMERCIAL, MEDIUM INTENSITY" TO TC-2, "TOWN CENTER MIXED USE"; AND FROM RM-1, "RESIDENTIAL MULTIFAMILY, LOW INTENSITY" TO TC-3, "TOWN CENTER RESIDENTIAL OFFICE"; AND AUTHORIZING AND DIRECTING THE ClTY ADMINISTRATION TO SUBMIT THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND ANY OTHER REQUIRED STATE AND LOCAL AGENCIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Miami Beach Mayor and City Commission adopted the North Beach Town Center Plan by Resolution No. 2007-26600 on July I I, 2007 in order to provide comprehensive guidance for private and public sector initiatives toward redevelopment and revitalization of the area bounded by 73 Street, the Atlantic Ocean, 69 Street, and Indian Creek Waterway; and WHEREAS, the North Beach Town Center Development Code is proposed to update the zoning and future land use regulations to be consistent with the long-term vision set forth in the North Beach Town Center Plan; therefore, new districts are proposed to be added to Chapter 142, to be known as "TC North Beach Town Center Districts"; and WHEREAS, the North Beach Town Center Districts are intended to: 1. Promote development of a compact, pedestrian-oriented town center consisting of a high-intensity employment center, vibrant and dynamic mixed-use areas, and attractive residential living environments with compatible office uses and neighborhood-oriented commercial services. 2. Promote a diverse mix of residential, business, commercial, ofice, institutional, educational, and cultural and entertainment activities for workers, visitors and residents. 3. Encourage pedestrian-oriented development within walking distance of transit opportunities at densities and intensities that will help to support transit usage and town center businesses. 4. Provide opportunities for livelwork lifestyles and increase the availability of affordable office space in the North Beach area. FLUM 2nd Reading 5. Promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction. 6. Create a place that represents a unique, attractive and memorable destination for residents and visitors. 7. Enhance the community's character through the promotion of high-quality urban design. WHEREAS, the TC-1 district is intended to encourage and enhance the high-intensity commercial employment center function of the Town Center's core area and its regulations are intended to support the Town Center's role as the hub of community-wide importance for business, office, retail, governmental services, culture and entertainment while also accommodating mixed-use and residential projects as important components of the area's vitality; and WHEREAS, the TC-2 district is intended to support medium intensity mixed-use (residentiallnonresidential) projects with active retail ground floor uses; and WHEREAS, the TC-3 district is intended to accommodate low density multi-family residential development and low intensity office and tourist lodging uses, and also accommodating small-scale ground floor neighborhood commercial uses that are compatible with the residential character of the TC-3. WHEREAS, the City Commission, upon first reading of this Ordinance, authorized its transmittal to the Department of Community Affairs and review agencies for the purpose of a review in accordance with Section 163.31 84, Florida Statutes; and WHEREAS, the Florida Department of Community Affairs completed its review of the proposed North Beach Town Center Future Land Use Map amendments for consistency with Rule 9J-5, Florida Administrative Code, and Chapter 163, Part II, Florida Statutes and prepared the Objections, Recommendations and Comments Report (ORC) identifying no objections to the proposed Future Land Use Map amendments; and WHEREAS, the City Commission hereby finds that the adoption of this Ordinance is in the best interest and welfare of the residents of the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA: FLUM 2nd Reading SECTION I. AMENDMENTS TO THE FUTURE LAND USE MAP OF THE CITY'S COMPREHENSIVE PLAN. That the Mayor and City Commission hereby amend the Future Land Use Map of the City of Miami Beach Comprehensive Plan by changing the land use designations of the North Beach Town Center from CD-3, "Commercial, High Intensity" to TC-1, "Town Center Core"; from CD-2, "Commercial, Medium Intensity" to TC-2, "Town Center Mixed Use"; and from RM-1 "Residential Multifamily, Low Intensity" to TC-3, "Town Center Residential Office", as depicted on the map. SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILIN. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. INCLUSION IN COMPREHENSIVE PLAN. It is the intention of the City Commission, and it is hereby ordained that the amendment provided for in Section I is made part of the Future Land Use Map of the City of Miami Beach Comprehensive Plan, 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 5. EFFECTIVE DATE. This Ordinance shall take effect on the day of , 20; however, the effective date of any plan amendment shall be in accordance with Section 163.3184, Florida Statutes. PASSED and ADOPTED this day of , 20-. MAYOR ATTEST: CIN CLERK First Reading: Second Reading: FLUM 2"d Reading APPROVED AS TO FORM AND LANGUAGE Verified by: Richard Lorber, AICP, LEED Acting Planning Director Date F:\PLAN\$ALLWleyers\Town Center Plan\City Commission 201 1\TC COM PLAN FLUM ord 2nd reading.doc FLUM 2"d Reading Future Land Use Map (FLUM) Amendment THIS PAGE INTENTIONALLY LEFT BLANK TC zoning text 2nd reading ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE 11, "DISTRICT REGULATIONS", BY CREATING A NEW DIVISION 20, "TC NORTH BEACH TOWN CENTER DISTRICTS", CREATING NEW ZONING DISTRICTS TC-1, TOWN CENTER CORE; TC-2, TOWN CENTER MIXED USE; AND TC-3, TOWN CENTER RESIDENTIAL OFFICE; PROVIDING FOR PURPOSE AND INTENT, DEFINITIONS, MAIN PERMITTED, CONDITIONAL, ACCESSORY AND PROHIBITED USES, DEVELOPMENT REGULATIONS, DESIGN REVIEW STANDARDS, AND PARKING REGULATIONS; AMENDING CHAPTER 130, "OFF- STREET PARKING", ARTICLE 11, "DISTRICTS; REQUIREMENTS", SECTION 130-31, "PARKING DISTRICTS ESTABLISHED", AMENDING THE BOUNDARIES OF PARKING DISTRICT 4; AMENDING ARTICLE Ill, SECTION 130-68, "COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES", ADOPTING NEW REGULATIONS IN TC-3 AND GU FOR COMMERICAL AND NONCOMMERICAL PARKING GARAGES; AMENDING CHAPTER 138, "SIGNS", ARTICLE V, "SIGN REGULATIONS BY DISTRICTS", SECTION 138-172, "SCHEDULE OF SIGN REGULATIONS FOR PRINCIPAL USE SIGNS"; CREATING A NEW SECTION 138-174, "NORTH BEACH TOWN CENTER SIGNAGE"; AMENDING CHAPTER 142, DIVISION 4, "ALCOHOLIC BEVERAGES", SECTIONS 142- 1301 AND 142-1302 TO INCLUDE TC DISTRICTS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Miami Beach Mayor and City Commission adopted the North Beach Town Center Plan by Resolution No. 2007-26600 on July I I, 2007 in order to provide comprehensive guidance for private and public sector initiatives toward redevelopment and revitalization in the area bounded by 73 Street, the Atlantic Ocean, 69 Street, and Indian Creek Waterway; and WHEREAS, the North Beach Town Center Development Code is proposed to update the zoning and future land use regulations to be consistent with the long-term vision set forth in the North Beach Town Center Plan; therefore, new districts are proposed to be added to Chapter 142, to be known as "TC North Beach Town Center Districts"; and WHEREAS, the TC North Beach Town Center Districts are intended to: 1. Promote development of a compact, pedestrian-oriented town center consisting of a high-intensity employment center, vibrant and dynamic mixed- Changes to the ordinance since first reading are indicated by - and -Q. 1 TC zoning text 2" reading use areas, and attractive residential living environments with compatible office uses and neigh borhood-oriented commercial services. 2. Promote a diverse mix of residential, business, commercial, office, institutional, educational, and cultural and entertainment activities for workers, visitors and residents. 3. Encourage pedestrian-oriented development within walking distance of transit opportunities at densities and intensities that will help to support transit usage and town center businesses. 4. Provide opportunities for livelwork lifestyles and increase the availability of affordable office space in the North Beach area. 5. Promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction. 6. Create a place that represents a unique, attractive and memorable destination for residents and visitors. 7. Enhance the community's character through the promotion of high- quality urban design. WHEREAS, the TC-I district is intended to encourage and enhance the high- intensity commercial employment center function of the Town Center's core area and its regulations are intended to support the Town Center's role as the hub of community-wide importance for business, office, retail, governmental services, culture and entertainment while also accommodating mixed-use and residential projects as important components of the area's vitality; and WHEREAS, the TC-2 district is intended to support medium intensity mixed- use (residentiallnonresidential) projects with active retail ground floor uses; and WHEREAS, the TC-3 district is intended to accommodate low density multi- family residential development and low intensity office and tourist lodging uses, and also accommodating small-scale ground floor neighborhood commercial uses that are compatible with the residential character of the TC-3 district in certain areas designated as TC-3(c) on the zoning map. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIN COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION I: The City of Miami Beach Code Chapter 142 Zoning Districts and Regulations, Article II District Regulations, Sec. 142-71. Districts Established, is hereby amended as follows: Changes to the ordinance since first reading are indicated by s+kekw& and double underlining. 2 21 0 TC zoning text 2nd reading DIVISION I. GENERALLY Sec. 142-71. Districts Established (a) Disfricts and symbols. To achieve the purposes of these land development regulations, the Code of the city, and regulate the use of land, wqter and buildings, height and bulk of buildings and other structures, and population density and open space, the city is hereby divided into the following districts: Changes to the ordinance since first reading are indicated by &deheqh and double underlining. 21 1 TC zoning text 2nd reading SECTION 2: The City of Miami Beach Code Chapter 142 Zoning Districts and Regulations, Article II District Regulations, is hereby amended by adding Division 20: TC North Beach Town Center Districts, as follows: DIVISION 20: TC NORTH BEACH TOWN CENTER DISTRICTS Sec. 142-734. Purpose and Intent (a) The North Beach Town Center districts consist of all land bounded bv 72 Street, Collins Avenue, 69 Street and Indian Creek Waterwav; and consists of three districts: a Town Center Core (TC-1) district, a Town Center Mixed Use /TC-2) district, and a Town Center Residential OfTice (TC-3) district. (b) The overall purposes of the North Beach Town Center districts are to: (1) promote development of a compact, pedestrian-oriented town center consisting of a high-intensitv emplovment center, vibrant and dvnamic mixed-use areas, and attractive residential living environments with compatible office uses and neighborhood-oriented commercial services; (2) promote a diverse mix of residential, business, commercial, office, institutional, educational, and cultural and entertainment activities for workers, visitors and residents; (3) encourage pedestrian-oriented development within walking distance of transit opportunities at densities and intensities that will help to support transit usage and town center businesses; (4) provide opportunities for livelwork lifestvles and increase the availability of affordable office space in the North Beach area. (5) promote the health and well-being of residents bv encouraqinq phvsical activity, waterfront access, alternative transportation, and greater social interaction; (6) create a place that represents a unique, attractive and memorable destination for residents and visitors; (7) enhance the communitv's character through the promotion of high- qualiw urban design. (c) The specific purpose and intent of the three districts in the North Beach Town Center are as follows: (1) TC-I Town Center Core District, The TC-1 district is intended to promote high intensitv compact development that will support the Town Changes to the ordinance since first reading are indicated by and -q. 4 21 2 TC zoning text 2" reading Center's role as the hub of communitv-wide importance for business, office, retail, governmental services, culture and entertainment. (2) TC-2 Town Center Mixed Use District, The TC-2 district is intended to support medium intensitv mixed-use proiects with active retail ground floor frontage. (3) TC-3 Town Center Residential Office District. The TC-3 district is intended to be a transition between the high intensitv Town Center Core and the surrounding low intensitv residential multi-familv districts, bv providin~ for contextuallv compatible residential and mixed-use development within an established, pedestrian, bicvcle and transit oriented residential environment. OfFice and tourist lod~ing facilities are intended to provide a varietv of emplovment o~portunities to support the local economv and to reduce the need for long distance home to work vehicle trips. Neighborhood oriented retail and service uses are permissible in certain limited areas of this district, identified as TC-3(c) on the zoning map, and are intended to provide opportunities for small business development and to enliven the pedestrian environment. TC- 3(c) is intended to be a subset of TC-3 and all resulations applicable to TC-3 are esuallv applicable to TC-3(c) except as expresslv provided in section 142-736(c)(3). Sec. 142-735. Definitions The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearlv indicates a different meaning: (a) Alley means a paved travel wav for vehicles within a block that provides access to the rear of buildings, vehicle parking (e.g., garages), deliveries, utilitv meters, and recvcling and garbage bins. The allev is generallv a public right-of-wav, but in some cases it mav be located on private pro~ertv with a public access easement. (b) Street means all public rights-of-wav used for vehicular and pedestrian access, but does not include Allevs. (c) Cultural use means a use that engages in the performing arts (including, but not limited to music, dance and theater), or visual arts (including, but not limited to painting, sculpture, and photogra~hv), or engages in cultural activities, serves the general public and has a permanent presence in the citv. Changes to the ordinance since first reading are indicated by^ and double underlining. 5 21 3 TC zoning text 2nd reading Sec. 142-736. Main Permitted Uses, Conditional Uses, Accessorv Uses, and Prohibited Uses (a) Land uses in the TC-1 Town Center Core district shall be regulated as follows: (1) The main pennitfed uses in the TC-1 district are commercial uses; apartments; apartmentlhotels; hotels. The ground stow frontage alonq 71 Street and Collins Avenue shall be governed bv Sec. 142-737(c). The provisions of Sec. 6-4(a)(l) concerning distance separation for consumption of alcoholic beverages on premises in restaurants shall not applv to this district. (2) The conditional uses in the TC-I district are adult living congregate facilities; new construction of structures 50,000 square feet and over [even when divided bv a district boundarv line), which review shall be the first step in the process before the review by anv of the other land development boards; outdoor entertainment establishment, neighborhood impact establishment, open air entertainment establishment, nursing homes; religious institution; video game arcades; public and private institutions; and schools and maior cultural dormitorv facilities as specified in section 142-1 332. (3) The accessorv uses in the TC-1 district are those uses permitted in article IV, division 2 of this chapter and accessorv outdoor bar counters, provided that the accessorv outdoor bar counter is not operated or utilized between midnight and 8:00 a.m.; however, accessorv outdoor bar counters located within 100 feet of an apartment unit mav not be operated or utilized between 8:00 p.m. and 8:00 a.m. (4) The prohibited uses in the TC-1 district are pawnshops, and alcoholic beverage establishments located in any open area above the ground floor (any area that is not included in the FAR calculations), except as provided in this division. However, outdoor restaurant seating, not exceeding 40 seats, associated with indoor venues mav be permitted in any open area above the around floor until 8:00 PM with no background music (amplified or nonamplified). (b) Land uses in the TC-2 Town Center Mixed Use district shall be regulated the same as for uses in the TC-I Town Center Core district. (c) Land uses in the TC-3 Town Center Residential Office district shall be regulated as follows: (I) The main permitted uses in the TC-3 district are single-family detached dwelling, townhomes, apartments and offices. Changes to the ordinance since first reading are indicated by and double underlining. 6 21 4 TC zoning text 2nd reading (2) The conditional uses in the TC-3 district are hotel, adult conqregate living facilitv; dav care facility; nursing home; religious institutions; private and public institutions; schools; and commercial or noncommercial parking lots and garages (with accessorv commercial uses) in accord with Section 130-68(9). a. In areas designated TC-3(c) on the zoninq map, the followinq uses rnav be permitted as conditional uses in addition to the uses in paragraph (2) above: Neighborhood-oriented retail and service uses, limited to 2,500 sq. ft or less per establishment, located on the ground floor of buildings. Such neighborhood- oriented retail and service uses shall be limited to antique stores; arVcraft galleries; artist studios; bakerv or specialtv food stores; barber shops and beautv salons; coffee shop or iuice bar; drv cleaner or laundrv with off-site processing (drv cleaninq receiving station); newspapers, magazines and books; photo studio; shoe repair; tailor or dressmaker; and food service establishments with 30 seats or less (including outdoor cafe seatinq) with alcohol limited to beer and wine and closing no later than 12 midnight subiect to limitations established in the conditional use process. In addition, full service restaurants servinq alcoholic beverages or with 30 seats or more rnav be permitted onlv on waterfront properties with a publiclv accessible waterfront walkwav in the area located south of 71 Street. (3) The accessow uses in the TC-3 district are those uses customarilv associated with the district purpose, as set forth in article IV, division 2 of this chapter, except that hotels rnav have accessorv uses based upon the criteria below: a. Hotels in the TC-3 district mav include a dining room operated solelv for registered hotel visitors and their guests, located inside the building and not visible from the street, with no exterior signs, entrances or exits except as required bv the Florida Building Code. b. Hotels in the TC-3(c) district mav include accessorv restaurants or bars when approved as part of the Conditional Use. Such accessorv restaurants or bars that serve alcohol shall be limited to a maximum of 1.25 seats per hotel or apartment unit for the entire site. The patron occupant load, as determined bv the planning director or designee, for all accessorv restaurants and bars that serve alcohol on the entire site shall not exceed 1.5 persons per hotel andlor apartment unit. For a hotel or apartment property of less than 32 units, the restaurant or bar rnav have a maximum of 40 seats in the aagregate on the site. The number of units shall be those that result after any Changes to the ordinance since first reading are indicated by and -9. 7 TC zoning text 2nd reading renovation. Accessory restaurants and bars shall be permitted to sell alcoholic beverages for consumption only on the premises and shall be limited to closing no later than 12 midnight subiect to limitations established in the conditional use process. c. Hotels located in the TC-3 or TC3(c) districts may have other accessory uses customarily associated with the operation of an apartment buildina, as referenced in subsection 142-902(2), for the use of registered hotel visitors and their guests only. (4) The prohibifed uses in the TC-3 district are accessory dance halls, accessory entertainment establishments, accessory neighborhood impact establishments, accessory outdoor entertainment establishment; accessory open air or outdoor entertainment establishment, as set forth in article V, division 6 of this chapter, accessory outdoor bar counter and alcoholic beverage establishments located in any open area above the around floor (any area that is not included in the FAR calculations). However, outdoor restaurant seating, not exceeding 40 seats, associated with indoor venues may be permitted in any open area above the ground floor until 8:00 PM with no background music (amplified or nonamplified). (5) There shall be no variances to these provisions. p zonina districts that existed ~rior to this amendment, i.e.. RM-I. CD-2, and CD-3. shall remain a~plicable to the ~ro~erties lving within these TC-1. -2, and -3 districts. as if each such reference was amended to correspond to the new TC districts (RM-1 as to TC-3: CD-2 as to TC-2: and CD-3 as to TC-13, unless a provision in the TC districts expresslv addresses the matter, in which case the TC reaulation shall control. Changes to the ordinance since first reading are indicated by and double underlinin~. 8 21 6 TC zoning text 2nd reading Sec. 142-737. Development Regulations (a) The development reaulations in the TC-1. TC-2 and TC-3 Town Center districts are as follows: TABLE INSET (I) TC-1 Town Center Core - TC-2 Town Center Mixed Use TC-3 Town Center Residential Off ice Maximum number of stories For lots equal to or less than 45,000 sq. ft. - 2.25 Maximum buildinq heiqht District For lots areater than 45,000 SQ. ft. -- 2.75. Maximum Floor Area Ratio (FAR) 1.5: exce~t for mixed use buildinqs where more than 25 percent of the total area of a buildincl is used for residential or hotel units, the maximum FAR shall be 2.0. 75 feet; however, buildinas frontinq on 71 Street shall not exceed 50 feet in height, except that anv ort ti on of the buildinq above 50 feet shall be set back an additional 1 foot for even/ 1 foot in heiqht above 50 feet. 50 feet 7 stories 1 5 stories aranes as a main use see 5 stories section 130-68(9). The facade of buildinns facinq the lot front adiacent to streets shall not exceed 23 feet in heiqht to the top of the roof deck. Anv or ti on of the buildinq above 23 feet shall be set back an additional 1 foot for every 1 foot in heiqht above 23 feet. The rear facade of buildings shall be set back an additional 1 foot for everv 1 foot in heiqht above 33 feet. Changes to the ordinance since first reading are indicated by shldwqh and double underlininq. 9 21 7 TC zoning text 2nd reading TABLE INSET (2) (b) Sefback Requirements: The minimum setback requirements for the TC-I, TC-2 and TC-3 districts are as follows. This includes all buildings, regardless of use, and subterranean parkinq structures. The minimum setbacks define the buildable area of the lot. Averaae Apartment Unit Size (sauare feet) Commercial - NIA New construction - 800 sa. ft. Rehabilitated buildina - no minimum Elderlv housina - see Sec. 142- 1183 - Hotel units - N/A Changes to the ordinance since first reading are indicated by and double underlining. 10 21 8 Minimum Apartment Unit Size (sauare feet) Commercial - NIA New construction - 550 Rehabilitated buildinq - 400 Elderly housina - see Sec. 142- 1183 - Hotel units - 15% 300-335 85% 335+ District TC-1 Town Center Core TC-2 Town Center Mixed Use TC-3 Town Center Residential Office Minimum Lot Area Commercial - - none Residential - 6,250 sa. ft. Interior Side 10 feet when abuttinq a TC-3 district or a future allev designated on the lnfill Reaulatinq Plan; otherwise it shall be 0 feet. 10 feet when abutting a TC-3 district or a future allev desianated on the lnfill Reaulatinq Plan; otherwise it shall be 0 feet. Side Facina a Street 5 feet - 5 feet District TC-1 Town Center Core TC-2 Town Center Mixed use - Minimum Lot Width Commercial - Residential - 50 - feet - Rear 0 feet* abuttina an allev or where there is a side lot line abuttinq 71 Street: otherwise 10 feet. *Pro~erties between Collins Ave, and Hardina Ave. must provide access to the interior of the block for service vehicles as determined bv the desian review process. 0 feet* abuttins an allev or where there is a side lot line abuttina 71 Street; otherwise 10 feet. *Properties between Collins Ave, and Hardina Ave. must provide access to the interior of the block for service vehicles as determined bv the desian review process. - Front 5 feet 5 feet TC zoning text 2nd reading District Front TC-3 Town Center Residential Off ice 7.5 feet for lots 50 feet wide or less Side Facina a Street I 15 feet 10 feet for lots greater than 50 feet in width Interior Side 7.5 feet for buildinas up to 33 feet in heiaht; 10 feet for buildinas 33 feet or more in heiaht; 10 feet for lots abuttinq a TC-1 district (1) Waterfront setbacks: Notwithstandinq the above, for waterfront properties the minimum setback shall be 2,830 feet from the bulkhead. However, if ~ublic waterfront walkwavs are provided. alona with covenants and provisions to ensure public use and maintenance of these walkwavs in perpetuitv, then the Desian Review Board mav allow the waterfront setback be decreased to not less than 15 feet. Desian and use of waterfront walkwavs shall be in conformance with the NBTC Desian Standards referenced in Sec. 142-738. (2) Surface parking lots: In the TC-1 and TC-2 districts, the minimum setback for surface parking lots shall be the same as for buildings plus an additional 5 feet for landscapina adjacent to all streets. In the TC-3 district the minimum setback for surface parking lots shall be 5 feet adiacent to interior side lot lines, 0 feet abutting an allev and the same as for building setbacks on all other sides. (3) Rooftop features: In the TC-3 district, stairwell and elevator bulkheads and other rooftop features permissible in Section 142-1 161 extending above the roofline of a building shall be required to be set back from the main building 1 foot for evew 1 foot in height above the top of the roof deck of each level, with the exception of parapet walls which shall not exceed 3.5 feet in height. (c) Required Storefront Frontage. The ground stow frontage of a building along 71 Street and Collins Avenue shall house active uses that contribute to a dailv vibrant street life, including retail uses, eating and drinking establishments or cultural uses, for a minimum depth of 25 feet from the street facade along a minimum of 75 ~ercent of the building frontage, which shall have glass storefronts. The remaining frontage mav be used for lobbv and access for upper stow uses. Offices and residential uses are prohibited on the ground stow street frontaae of these streets unless the use is located on a mezzanine or at least 25 feet back from the street facade. (1) Retail Kiosks - Notwithstanding Sections 70-5, 70-41 and 142-874, open air kiosks for retail sales or food service mav be placed in or on the edge of surface parking lots or approved Urban Plazas in the TC-1 Changes to the ordinance since first reading are indicated by and double underlininq. 11 21 9 TC zoning text 2nd reading district. Such kiosks shall be permanent structures, designed and located to enhance and enliven the pedestrian environment and must receive design review approval. Self-service kiosks and vending machines are prohibited. No storage shall be allowed outside of the kiosks. (d) Open space. For lotsin the TC-I and TC-2 districts, sik-lot area over 20,000 square feet shall have around level open space which shall comprise a minimum of W 5% of the lot area. Such open space shall be located adioining the front or side street of the site, or within a central courtyard area that is fullv accessible to the public from the front or street side of the propertv; and shall be designed and maintained according to the Urban Plaza design standards in the NBTC Design Standards referenced in Sec. 142-738. (9 Allevs shall be provided to benefit propertv owners and the general public bv providina parking, service and delivery access to the rear of all lots, therebv improving traffic flow and eliminating drivewavs that create vehicle/pedestrian conflicts on public sidewalks. Motor vehicle parking, service and delivery access shall be from an allev wherever one exists, or where a new allev or service corridor can be created bv dedication or easement. The location of new allevs shall be determined bv the desian review process with the intent to ensure that all properties within a block will have existina or future service access from the rear. Generallv. the allev will be located in the reauired setback area alona the rear or interior side lot line: however. this mav be adjusted to optimize vehicular and pedestrian access to the subject iropexv as well as to the surroundina properties. Where an allev does not exist, the a!w#kw property owner shall dedicate sufficient width [the area within the required setback1 to provide the allev abutting his propertv. Where it is not feasible to construct an allev at the time of redevelopment of anv property, as determined bv the Planning Director, the developer shall execute and record a covenant effecting such dedication upon certification bv the Planninq Director that the construction of an allev has become feasible. The Planning Director mav accept a perpetual access easement for an allev in lieu of dedication of an allev if he determines such would be appropriate under the Changes to the ordinance since first reading are indicated by mkAwm& and doubleunderllc~. 12 TC zoning text 2nd reading circumstances of anv particular property. The developer shall maintain the area until the Citv builds the alley. (g) Encroachments. No encroachments shall be allowed in the required setback areas except as follows; otherwise, encroachments shall be governed bv Section 142-1 142 (1) In the TC-1 and TC-2 districts, no encroachments shall be allowed in the first 7.5 feet above ground level adiacent to all streets. (2) In the TC-3 district, no encroachment shall be allowed in the first 5 feet of setback area measured from the propertv line adiacent to all streets. (3) In all districts, no encroachment shall be allowed in the first 18 feet above grade abutting an existing or future allev. (h) Siqns shall be regulated bv Chapter 138 and as permitted bv Sec. 138-174 and bv the NBTC Design Standards referenced in Sec. 142-738. (i) Streetscape improvements. In all TC districts, the developer/propertv owner is required to construct all streetscape improvements substantiallv in accord with the NBTC Design Standards referenced in Sec. 142-738 as part of anv development or redevelopment proiect. Sec. 142-738. Desisrn Review Standards Design Review Standards. All development shall substantiallv conform to the "Design Review Standards for the North Beach Town Center TC Zoning Districts1', also known as the "NBTC Design Standards", as adopted and amended periodicallv bv the Design Review Board. The NBTC Design Standards are available from the Planning Department or on the web at miamibeachfl.gov/pIanning, bv clicking on "Design Review". Sec. 142-739. Parking (a) Off-Street Parking for motorized vehicles (1) Purpose: Parking regulations in the North Beach Town Center are intended to: provide centralized public parking garages to serve the Town Center and minimize the amount of on-site parking required for individual lots, thereby reducing building bulk and maximizing around floor space available for retail and restaurant uses; enable people to park once at a convenient location and to access a varietv of commercial enterprises in pedestrian friendly environments bv encouraging shared parking; reduce diffused, inefficient, single- purpose reserved parking; encourage ground floor retail uses and Changes to the ordinance since first reading are indicated by and doubleg. 13 TC zoning text 2" reading public facilities; promote walking, bicvcling and transit ridership to help reduce the demand for parking within the district; avoid adverse parking impacts on neighborhoods adjacent to the Town Center; maximize on-street parking where possible; increase visibilitv and accessibiliiy of parking; provide flexibiliiy for redevelopment of small sites; and for the preservation of historic buildings; promote earlv prototype mixed-use proiects using flexible and creative incentives. (2) Required parking in the North Beach Town Center is governed bv Chapter 130 Off-Street Parking, except as modified herein. a Minimum parking requirements for the TC-1 Town Center Core district are set forth in Parking District No 4 in Sec.130-33, except that apartment buildings shall provide: 1.0 space per unit for units between 550 and 799 square feet; 1.25 spaces per unit for units between 800 and 999 square feet: 1.5 spaces per unit for units between 1000 and 1200 sauare feet; 2.0 spaces per unit for units above 1200 square feet. b Minimum parking requirements for the TC-2 Town Center Mixed Use district are set forth in Parking District No I in Sec.130-32, except that apartment buildings shall provide: 1.0 space per unit for units between 550 and 799 square feet; 1.25 spaces per unit for units between 800 and 999 square feet; 1.5 spaces per unit for units between 1000 and 1200 square feet; 2.0 spaces per unit for units above 1200 square feet. c Minimum parking requirements for the TC-3 Town Center Residential Office district are set forth in Parking District No 1 in Sec.130-32, except that apartment buildings shall provide: 1.0 space per unit for units between 550 and 799 square feet; 1.25 spaces per unit for units between 800 and 999 square feet; 1.5 spaces per unit for units between 1000 and 1200 sauare feet; 2.0 spaces per unit for units above 1200 sauare feet. d Parking requirements mav be met either on-site or off-site within a distance of 800 feet from the subiect lot, subiect to Sec. 130- 36(b). e Mixed use development is encouraged to utilize the Shared Parking calculations in Section 130-221. Parking for residential uses mav be included in the Shared Parking calculation at a rate of 50% for davtime weekdavs, 70% for davtime weekends and 100% for all other times. Shared Parking shall be designated bv appropriate signage and markinas. The Shared Parking facility mav be located off-site within 800 feet of the uses served, subiect to Sec. 130-36(b). Changes to the ordinance since first reading are indicated by and -g. 14 TC zoning text 2nd reading f Developments that provide a significant public amenitv such as an Urban Plaza (minimum 3,000 sq. ft.) in accord with the NBTC Design Standards referenced in Sec. 142-738, or floor area for a public libraw (minimum 6.000 sq. ft. and maximum 15,000 sq. ft.) mav be exempted from parking requirements for all uses on the site at a rate of one parking space for everv 500 square feet of Urban Plaza space or one parking space for evew 250 square feet of libraw space. g New construction of "live-work" proiects shall meet the parkinq requirements for either residential or commercial uses, whichever is greater, but shall not be required to meet the parking requirement for both uses. For purposes of this section, a "live-work" unit is defined as a unit containing both a residential and commercial component within the same unit. (b) Bicycle Parking. Short term and long term bicvcle parking shall be provided for new construction or substantial rehabilitation over 1,000 sq. ft. accordinq to the minimum standards in the table below. (1) Short Term bicycle parkinq (bicvcle racks) serves people who leave their bicvcles for relativelv short periods of time, tvpicallv for shop~ing, recreation, eating or errands. Bicycle racks should be located in a highlv visible location near the main entrance to the use. (2) Long Term bicycle parking includes facilities that provide a hia h level of securitv such as bicvcle lockers, bicvcle cages and bicvcle stations. ~hesefacilities serve people who frequentlv leave their bicvcles at the same location for the dav or overnight. TABLE INSET Changes to the ordinance since first reading are indicated by and double underlining. 15 223 Minimum lonq term bicvcle parkina spaces (whichever is greater) 1 oer 10% of emplovees or 2 for 5,000 sa ft and under 3 for 5.001-20.000 sa. ft 6 for 20.001 - 50,000 sa. ft. 10 for 50,000 sa. ft. and over 1 oer 10% of emolovees or 2 for 5,000 sa ft and under 3 for 5,001-20.000 sq. ft 6 for 20.001 - 50.000 sq. ft. 10 for 50,000 sa. ft. and over 1 per 10% of em~lovees 1 per 10% of emolovees Land use Commercial non-retail Retail - Restaurants, bars, niqhtclubs Hotel - Minimum short term bicvcle parkinq spaces (whichever is greater) 4 per proiect or 1 per 10,000 sa. ft. 1 per business, 4 per proiect or 1 per 5,000 sa. ft. 1 per 10 seats or occupants 2 per hotel or 1 per 10 rooms TC zoning text 2nd reading (c) Developers are encouraged to provide more than the minimum requirement as appropriate for the articular uses in a building. The minimum required vehicular parking mav be reduced by: 1 space for even/ 5 long term bicvcle parking spaces and/or 1 space for even/ 10 short term bicvcle parking spaces, not to exceed a total of 15 percent of the required vehicle parkina spaces. (d) Nonresidential uses that provide showers and changing facilities for bicvclists shall be exempted from vehicle parking requirements at a rate of 2 vehicle parking spaces for each separate shower up to a maximum of 8 parkinq spaces. 1 per unit Multifamilv residential (e) In the TC-1 and TC-2 districts, short term bicvcle parking spaces mav be provided in the public right-of-way, subiect to design review, in situations where suitable space near the entrance to the building or storefront is not available on private property. Bicvcle parking in the public right-of-wav shall be approved bv the Public Works Department and shall not encroach on the 4 ~er ~roiect or 1 per 10 units pedestrian throughway zone. Changes to the ordinance since first reading are indicated by and double underlining. 16 224 TC zoning text 2nd reading SECTION 3: The City of Miami Beach Code Chapter 130 Off-Street Parking, Article II Districts; Requirements, Sec. 130-31 Parking districts established, and Article Ill Design Standards, Sec. 130-68. Commercial and noncommercial parking garages, are hereby amended as follows: Sec. 130-31. Parking districts established. (a) For the purposes of establishing off-street parking requirements, the city shall be divided into four parking districts. (1) Parking district no. 1. Parking district no. 1 is that area not included in parking districts nos. 2, 3 and 4. (2) Parking district no. 2. Parking district no. 2 includes those properties with a lot line on Lincoln Road from the west side of Washington Avenue to the east side of Alton Road and those properties north of Lincoln Road and south of 17th Street from the west side of Washington Avenue to the east side of Lenox Court. (3) Parking district no. 3. Parking district no. 3 includes those properties with a lot line on Arthur Godfrey Road from the east side of Alton Road to west side of lndian Creek Waterway. (4) Parking district no. 4. Parking district no. 4 includes those properties within the C"3 TC-I and TC-2 commercial districts in the North Beach Town Center and those properties with a lot line on 71st Street from lhwwsM& cf r- lndian Creek waterwav to the east side of Rue Notre Dame, and those properties with a lot line on Normandy Drive from the west side of the lndian Creek Waterway to the east side of Rue Notre Dame. (b) There shall be no off-street parking requirement for main or accessory uses associated with buildings that existed prior to October 1, 1993, which are (i) located within the architectural district, (ii) a contributing building within a local historic district, or (iii) individually designated historic building. This provision shall not apply to renovations and new additions to existing buildings which create or add floor area to new construction which has a parking requirement. Changes to the ordinance since first reading are indicated by and double underlining. 17 225 TC zoning text 2" reading Sec. 130-68. Commercial and noncommercial parking garages. Commercial and noncommercial parking garages as a main use on a separate lot shall be subject to the following regulations, in addition to the other regulations of this article: (9) When located in the TC-3 and GU districts located within TC-3 districts in the North Beach Town Center area, the following regulations shall applv: a. When a parking garage is located in the TC-3 district, such garage mav also have first floor space occupied for commercial uses, subiect to conditional use approval. b. Residential or commercial uses shall be incorporated at the first level alonq even/ facade facing a street, sidewalk or waterwav. &Ihe reauired residential or . . ~ - commercial space & W accommodate entrance and exit drives for vehicles. inclusive of rampina runnina parallel to the street. c. When the subiect site is abutting or separated bv an alley from a TC-1 district, the garage mav also serve commercial uses. d. In no instance shall the above described combined residential and/or commercial space exceed Zx percent of the total floor area of the structure. e. Additionallv, in no instance shall the amount of floor area of the structure used for parking, exclusive of the reauired parking for the above described residential or commercial space, be less than 50 percent of the total floor area of the structure, so as to insure that the structure's main use is as a parking garage. f. The height limit shall be 50 feet. g. Setbacks shall be the same as the setbacks for the TC-3 zoning district, except that ~arkina garages on lots with a front vard facina a street riaht-of-wav areater than 50 feet in width. shall have a minimum front vard setback of 10 feet. h. The volume of such commercial and noncommercial parking garages shallbe limited & the required setbacks and heights described within this section and shall not be subject to the floor area ratios prescribed for in the underlving zoning district. I. Signage for commercial uses allowable under this provision shall be governed bv the TC-3 district regulations. Changes to the ordinance since first reading are indicated by and double underlining. 18 226 TC zoning text 2nd reading SECTION 4. The City of Miami Beach Code Chapter 138 Signs is hereby amended as follows: Set. 138-6. Signs located on the valance and underside of awnings or canopies. In addition to other permitted signs, a non-illuminated sign, not exceeding three square feet in area with letters not exceeding six inches in height, hanging from the underside of an awning or canopy with a minimum height clearance of seven feet six inches is permitted, except in the TC-1 and TC-2 districts which shall be governed bv Sec. 138-174. One sign on the valance of an awning or canopy may also be permitted; the length of such sign shall not exceed 25 percent of the length of a single awning, or the length of that portion of the awning or canopy associated with the establishment, up to a maximum of ten square feet and letters shall not exceed eight inches in height. Signs on continuous awnings shall be placed centered on the portion of the valance that corresponds to the individual storefront and be a uniform color. All valance signs shall be subject to the design review process. For purposes of this section, a valance is defined as that vertical portion of the awning that hangs down from the structural brace. Signs on other surface areas of an awning, canopy or roller curtain are not permitted. * * * Set. 138-7. Window signs. * * * (c) When there are no other signs associated with the use, the main permitted sign or signs may be located on the window with a total aggregate size not to exceed 20 square feet, except in the TC-1 and TC-2 districts which shall be governed bv Sec. 138-1 74. * * * Set. 138-172. Schedule of sign regulations for principal use signs. TABLE INSET: Zoning I Number I Awning 1 I Flat RS-3 1 per street " I ' I letters. ~istrict RS-1 RS-2 RM-1 RM-2 RM-3 R-PS 1 R-PS 2 R-PS 3 R-PS 4 RO TC-3 kontage that has copy limited to the name of the building. Residential use: One sian One per street frontage; ten square feet for every 50 feet of linear frontage, or fraction thereof, up to maximum of 30 square Marquee Not ~ermitted. No more than one sign identifying the main permitted uses for each street frontage. Unless otherwise listed in Projecting I Detached Residential use: Six-inch Ten square feet; the height of the letters shall not exceed 12 inches. Not permitted in the RM-3 district. Not permitted in I (Monument) Not ( Not permitted. permitted. I 15 square feet Not permitted in the RM-3 district. Not permitted in RO. One sign for all accessory uses; area of sign shall not exceed 75 percent of the main use sign, 20 square feet maximum. Accessory Signs Not permitted. 15 square feet, however, if sign is set back 20 feet from front property line, area may be increased to a maximum of 30 square feet. Pole signs are not permitted. 1. Maximum size for schools is 30 square feet. 2. Signs shall not have COPY indicating prices. 3. An exterior Special Conditions 30 square feet for a religious institution, public and semipublic uses, clubs or schools. Changes toethe ordinance since first reading are indicated by s+ddww& and double underlining. 19 227 TC zoning text 2" reading Changes to the ordinance since first reading are indicated by &nkkm& and -9. 20 228 CD-1 CD-2 CD-3 C-PS 1 C-PS 2 C-PS 3 C-PS 4 1-1 MXE TC-1 - TC-2 - However, in the RM-3 district only detached accessory signs are permitted. One for each accessory use; area of each sign shall not exceed one square foot per linear foot of frontage not to exceed 20 square feet. A directory sign, up to six square feet, listing the name of all licensed uses within the building is permitted. No signs shall have COPY indicating prices except as provided in this article. For properties fronting directory sign, attached to the building up to six square feet, listing the names of all licensed uses within the building is permitted; sign material and placement shall be subject to approval through the design review process. section 138- 171, all signs must front on a street. One sign per street frontage for each licensed principal and licensed accessory use, however, multiple signs for the same licensed establishment may be permitted through the design review procedure if the aggregate sign area does not exceed the maximum size permitted under this subsection. RO. Awning: See section 138- 6. Marquee: 175 square feet only in commercial districts. feet. Flat signs shall not be located above the ground floor. 20 square feet for the first 25 feet of linear frontage, plus one square foot for every three feet of linear frontage over 25 feet up to a maximum of 30 square feet; however one building identification sign for buildings two stories or higher, located on the parapet facing a street, is permitted with an area not to exceed one percent of the wall area on which it is 15 square feet. Existing pole signs may be repaired only as provided in section 138-10. Notwithstanding the above, a detached sign located on a perimeter wall shall be limited to five square feet and shall not have to comply with the setback requirements of section 138-9. The height and size of the monument structure shall be determined under the design review process except as provided herein. In the RO districts, sign area shall not exceed 10 square feet, and the monument structure shall not exceed five (5) feet in height. 15 square feet. Pole signs are not permitted. Existing pole signs may be repaired only as provided in section 138-10. Detached signs are not permitted in the MXE district. The height and size of the monument shall be determined under the design review process. TC zoning text 2" reading Set. 138-174. North Beach Town Center Sinnaae placed. Corner buildings may provide one combined sign instead of the two permitted signs. This sign shall be located on the corner of the building visible from both streets and shall have a maximum size of 40 square feet. For those properties located in the North Beach Town Center TC zonina districts, the following shall applv: Lincoln Road, between Collins Avenue and Washington Avenue, see section 138- 173. (1) Window signs in the TC-1 and TC-2 districts. When there are no other flat wail siqns associated with the use, the main permitted sian or signs mav be located on the ground floor window with a total aggregate size of 20 square feet for the first 25 feet of linear frontage, plus 1 square foot for even/ three feet of linear frontaae up to a maximum of 30 square feet. (2) Awning/Marquis signs and Proiectincr signs in the TC-I and TC-2 districts. Signs oriented to pedestrian view shall be permitted to be located perpendicular to the sidewalk, limited to one sign per business establishment for each side facing a street or allev. Such signs mav be in addition to other permitted signs, but not exceeding three square feet in area. Generallv, letters shall not exceed 6 inches in height unless integrated into a creative graphic desian approved bv design review. Such signs rnav be illuminated bv an external liahting source if the liahtina source is approved bv desian review. Changes to the ordinance since first reading are indicated by and -q. 21 229 TC zoning text 2nd reading SECTION 5. The City of Miami Beach Code Chapter 142 Zoning Districts and Regulations, Division 4 Alcoholic Beverages, is hereby amended as follows: Sec. 142-1301. Permitted districts. Vendors may be permitted to sell or distribute alcoholic beverages, either for consumption on or off the premises only in the following zoning districts: (1) RM-2 multiple-family, medium intensity. (2) RM-3 multiple-family, high intensity. (3) CD-I commercial, low intensity. (4) CD-2 commercial, medium intensity. (5) CD-3 commercial, high intensity. (6) CCC convention center district. (7) HD hospital district. (8) 1-1 industrial, light. (9) MR marine recreational. (1 0) MXE mixed use entertainment. (1 1) WD-1 waterway district. (1 2) WD-2 waterway district. (1 3) R-PS2 residential medium density. (14) R-PS3 residential medium-high density. (1 5) R-PS4 residential high density. (16) C-PSI commercial limited mixed use. (17) C-PS2 commercial general mixed use. (1 8) C-PS3 commercial intensive mixed use. (I 9) C-PS4 commercial intensive phased bayside. (20) RM-PSI residential limited mixed-use development. (21) TC-1 North Beach Town Center core (22) TC-2 North Beach Town Center mixed-use 123) TC-3 North Beach Town Center residentialloffice Sec. 142-1302. Permitted main and accessorv uses. Vendors shall be permitted to sell alcoholic beverages within the zoning districts listed in section 142-1301 if such district permits as a permitted main use or accessory use one of the following: Restaurant, bar, alcoholic beverage establishment, outdoor cafe, private club, or golf clubhouse pursuant to the following standards: (1) Permitted main uses. a. Restaurants, alcoholic beverage establishments, and private clubs shall be permitted to sell alcoholic beverages for consumption on the premises based upon the following; when beer and wine are served a minimum of 30 seats shall be provided; and when, beer, wine and liquor are served, a minimum of 60 seats shall be provided. Changes to the ordinance since first reading are indicated by and double underlinin~. 22 TC zoning text 2nd reading b. Outdoor cafes, when visible from or facing a public street, shall have a minimum of 20 seats in order to be permitted to sell alcoholic beverages for consumption on the premises. c. Outdoor cafes, when not visible from or on a public street, alley, or way, shall have no minimum seating requirement and shall be permitted to sell alcoholic beverages only for consumption on the premises. d. Golf clubhouse; when located on a golf course, the sale of alcoholic beverages is permitted only for consumption on the premises. (2) Accessory uses. Hotels, apartment-hotels, or apartments, or any mixed use having a minimum of 100 apartment units or a minimum of 100 hotel units or which are located in the MXE district shall be permitted to have accessory uses which sell alcoholic beverages pursuant to the following minimum standards: a. Bars, alcoholic beverage establishments, restaurants, or private clubs which have a minimum of 40 seats shall be permitted to sell alcoholic beverages for consumption on or off the premises. b. Outdoor cafes when visible from a public street which have a minimum of 20 seats are permitted to sell alcoholic beverages for consumption only on the premises. c. Outdoor cafes when not visible from a public street, alley, or way, shall have no minimum seating requirement and shall be permitted to sell alcoholic beverages only for consumption on the premises. d. Golf clubhouse; when located on a golf course, the sale of alcoholic beverages is permitted only for consumption on the premises. (3) Accessory uses which sell alcoholic beverages in the TC-I, TC-2, and TC-3 distri&hall be governed by the district use regulations in Sec. 142-746. Changes to the ordinance since first reading are indicated by and double underlining. 231 TC zoning text 2" reading SECTION 6. 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 7. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 8. SEVERABILIN. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 9. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this day of ,20-. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM AND LANGUAGE First Reading: Second ~eading: Verified by: Richard Lorber, AICP, LEED Date Acting Planning Director F:\PLAN\$ALL\Meyers\Town Center Plan\City Commission 201 1\TC Zoning 2nd reading.doc Changes to the ordinance since first reading are indicated by 4tftketkFett4.k and -q. 24 232 Zoning Map 2nd reading ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE ClN CODE, BY CHANGING THE ZONING DISTRICT CLASSIFICATIONS FOR THE NORTH BEACH TOWN CENTER FROM CD-3, "COMMERCIAL, HIGH INTENSITY" TO TC-I, "TOWN CENTER CORE"; FROM CD-2, "COMMERCIAL, MEDIUM INTENSITY" TO TC-2, "TOWN CENTER MIXED USE"; AND FROM RM-I, "RESIDENTIAL MULTIFAMILY, LOW INTENSITY" TO TC-3, "TOWN CENTER RESIDENTIAL OFFICE" AND TC-3(C) "TOWN CENTER CONDITIONAL NEIGHBORHOOD COMMERCIAL"; AND AMENDING THE AFFECTED PORTION OF THE CITY'S OFFICIAL ZONING DISTRICT MAP TO CORRESPOND WITH THESE CHANGES; PROVIDING FOR REPEALER; SEVERABILIN; AND AN EFFECTIVE DATE. WHEREAS, the Miami Beach Mayor and City Commission adopted the North Beach Town Center Plan by Resolution No. 2007-26600 on July 11, 2007 in order to provide comprehensive guidance for private and public sector initiatives toward redevelopment and revitalization in the area bounded by 73 Street, the Atlantic Ocean, 69 Street, and Indian Creek Waterway; and WHEREAS, the North Beach Town Center Development Code is proposed to update the zoning and future land use regulations to be consistent with the long-term vision set forth in the North Beach Town Center Plan; therefore, new districts are proposed to be added to Chapter 142, to be known as "TC North Beach Town Center Districts"; and WHEREAS, the TC North Beach Town Center Districts are intended to: 1. Promote development of a compact, pedestrian-oriented town center consisting of a high-intensity employment center, vibrant and dynamic mixed- use areas, and attractive residential living environments with compatible office uses and neighborhood-oriented commercial services. 2. Promote a diverse mix of residential, business, commercial, office, institutional, educational, and cultural and entertainment activities for workers, visitors and residents. 3. Encourage pedestrian-oriented development within walking distance of transit opportunities at densities and intensities that will help to support transit usage and town center businesses. Zoning Map 2nd reading 4. Provide opportunities for livelwork lifestyles and increase the availability of affordable office space in the North Beach area. 5. Promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction. 6. Create a place that represents a unique, attractive and memorable destination for residents and visitors. 7. Enhance the community's character through the promotion of high- quality urban design. WHEREAS, the TC-1 district is intended to encourage and enhance the high- intensity commercial employment center function of the Town Center's core area and its regulations are intended to support the Town Center's role as the hub of community- wide importance for business, office, retail, governmental services, culture and entertainment while also accommodating mixed-use and residential projects as important components of the area's vitality; and WHEREAS, the TC-2 district is intended to support medium intensity mixed- use (residentiallnonresidential) projects with active retail ground floor uses; and WHEREAS, the TC-3 district is intended to accommodate low density multi- family residential development and low intensity office and tourist lodging uses, and also accommodating small-scale ground floor neighborhood commercial uses that are compatible with the residential character of the TC-3 district in certain areas designated as TC-3(c) on the zoning map. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENTS OF ZONING DISTRICTS AND ZONING MAP OF MIAMI BEACH ClTY CODE. That the Mayor and City Commission hereby amend the Zoning Districts and Zoning District Map of the City of Miami Beach referenced in Section 142-72 of the City Code, by changing the Zoning District Classifications for the North Beach Town Center from CD-3, "Commercial, High Intensity" to TC-1, "Town Center Core"; from CD-2, "Commercial, Medium Intensity" to TC-2, "Town Center Mixed Use"; and from RM-1, "Residential Multifamily, Low Intensity" to TC-3, "Town Center Residential Office" and TC-3(c) "Town Center Conditional Neighborhood Commercial"; and amending the affected portion of the City's official zoning district map to correspond with these changes. Zoning Map znd reading SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILIN. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this day of ,20-- MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION First Reading: Second Reading: Verified by: Richard Lorber, AICP, LEED Date Acting Planning Director F:\PLAN\$ALLWeyers\Town Center Plan\City Commission 201 1\TC Zoning map ord 2nd reading.doc Zoning Map 2nd reading Map attachment: MIAMIBEACH - CITY OF MIAMI BEACH I . -NOTICE OF AMENDMENT TO THE FUTURE I I. LAND USE MAP (FLUM) AND TEXT OF THE CITY OF MIAMI BEACH COMPREHENSIVE PLAN NOTICE IS HEREBY GIVEN that a second reading and public hearing will be held by -the City Commission of the City of Miami Beach on WEDNESDAY, May 41, ,2011 #-after 5:00 pm in the City Commission Chambers, Third Floor, City Hall, located at ..I700 Convention Center Drive, Miami Beach, Florida 33139 to consider the following Tordinances: %N ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, t FLORIDA, AMENDING PART II: GOALS, OBJECTIVESAND POLICIES OFTHE ClTY OF MlAMl BEACH '8 COMPREHENSIVE PLAN, POLICY 1.2 OF OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS OF THE FUTURE LAND USE ELEMKNT, BY ADDING NEW CATEGORIES "TOWN CENTER CORE" (TC-1); -'>TOWN CENTER MWED USE" (TC-2); AND ''TOWN CENTER RESIDENTIAL OFFICE" (TC-3); AND ACCOMPANYING STANDARDS FOR LAND DEVELOPMENT REGULATIONS; AND AUTHORIZING AND DIRECTING FE CITY ADMINISTRATION TO SUBMIT THE ADOPTED AMENDMENTS TO THE FLORI~A DEPARTMENT OF COMMUNITY AFF IRS ANP ANY O~HER REQUIRED STATE -AND LQCAL AGENCIES; PROVIDING FOR REPEA , SEVERABILITY, CODIFICATION AND AN : EFFECnyE DATE. S i' I -i ORDINAN~E OF THE MAYOR AND cm CDMMISSION OF THE cm OF MIMI BULCH, FLOWDA, AMENDING THE FUTURE LAND USE MAP OF THE ClTY'S COMPREHENSIVE PLAN FOR >THE NO~TH BEACH TOWN CENTER FROM CD-3, ''WMMERCIAL, HIGH INTENSITY" TO TC-1, ''TOWN CENTER CORE"; FROM CD-2, "COMMERCIAL, .MEDIUM INTENSITY" TO TC-2, "TOWN CENTER MIXED LJSE"; AND FROM RM-1, ;RESIDENTIAL MULTIFAMILY, LOW INTENSITY" TO TC-3, ''TOWN OENTER RESIDENTIAL OFflCE5'; AND -AVHQRIZING AND PlRECTlNG THE ClTY ADMINISTRATION TO SUBMIT THE ADOPTED AMENDMENTS TO THEtFLORIDA DEPARTMENTOF COMMUNITY AFFAIRS AND ANY OTHER REQUIRED STATE AND LOCAL AGENCIES; PROVIDING FOR REPEALER, SRIERABILITY, CODIFICATION AND NN EFFECTIVE DATE. I 'ti ,All interested patties are invited to appear at this meeting or be represented by an - 1 agent, br to express their views in writing addressed to the Planning Department, ,1700 Convention Center Drive, City Hall, Miami Beach, FL 33139. Copies of the ,proposed amendments are available in the Planning Dept and at the following web address: http://web.miamibeachfl.aov/plannina/scroll.aspx?id=25706. * ''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 proceedhgs is mside, which record includes3he testimony and 'evidence upon which the appeal is to be based. This notice does not constitute consent .*by the City for the introduction dr 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 pn 'access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673-7218 0 five days in advance to initiate your t'equest. TTY users may also call Ti1 (Florida Relay Service). AD #654 12 6% 1 WEDNESDAY, APRIL 6, 2011 * 237 CITY OF MIAMI BEACH NOTICE OF AMENDMENT TO THE ZONING ORDINANCE ' AND THE ZONING MAP OF THE CITY OF MIAMI BEACH, FLORIDA All interested parties are invited to appear at this meeting or be represented by Pursuant to Section 286.0i05, Fla. Stat., the City hereby advises the public that: if a COMMISSION ITEM SUMMARY Condensed Title: 1 An Ordinance Amending Chapter 82 of the City Code, entitled "Public Property", by amending Article VI, entitled I . - "Naming of Public ~acilities and ~stablishments-of Monuments and Memorials", by amending section 82-501 (c)(l) thereof, to exempt the Miami Beach Botanical Garden from the provisions of said Article VI. Key Intended Outcome Supported: 1 Increase community rating of cultural activities and ensure well maintained facilities. I Supporting Data (Surveys, Envi~nmental Scan, etc.): Approximately 73% of residents surveyed in the 2009 survey rank the availability of Miami Beach's cultural and recreational programs as excellent and good. Issue: Shall the Mayor and Commission approve an exemption to Chapter 82 Article VI relating to naming rights for the interior and exterior portions of the Botanical Garden? Item SummarylRecommendation: FIRST READING On January 13, 2010, the City Commission approved the Basis of Design Report (BODR) for the Miami Beach Botanical Garden, providing fbr the implemen'tation of improvements in three .(3) phases; totaling an estimated $2,148,044. A fourth phase of the adopted Master Plan includes certain improvements not considered an integral part of the immediate design plan, totaling an additional $358,488. In the absence of City funding for this phase, the Conservancy has proposed to fund these elements through private donors, in exchange for naming rights acknowledging the donors. On April 27, 201 1, the City's Finance and Citywide Projects Committee (FCWPC), approved a recommendation by the administration that would allow the Conservancy to award naming rights for interior portions of the premises in exchange for monetary contributions from private donors to fund improvements set forth in the BODR, which includes: 1) amending the above-referenced section of the City Code to exempt the Botanical Garden from the provisions of the City's Naming Ordinance; and 2) in the event that the City Commission approves such exemption from the Naming Ordinance, the Management Agreement should be amended, to establish criteria and guidelines for naming portions of the facility. The proposed ordinance, if approved, would provide that the naming of the interior sections of the Premises and improvements thereto specified in the BODR would be exempt from the process set forth in Article VI. Specifically, the naming of any interior portions of the Premises would not be subject to committee review and approval; it could be named for someone living or dead; would not require a referendum; and would not require a noticed public hearing to be held. The Administration recommends approval of the proposed ordinance on First Reading, subject to which it can be scheduled for Second and Final reading on June 1,201 1. At the same time, the Administration will submit a separate resolution for approval by the City Commission, recommending certain amendments to the Management Agreement between the City and the Conservancy, setting forth the terms and conditions by which the Conservancy may grant naming rights in the Botanical Garden. Advisory Board Recommendation: I Finance & Citywide Projects Committee: April 27, 201 1 1 City Clerk's Office Legislative Tracking: I Anna Parekh, extension 7193 Financial Information: - Account Source of Funds: n/a Financial Impact Summary: 1 Amount ' ' nla ' 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. Gonzaleq City Manager 14 FIRST READING DATE: Mayll,2011 SUBJECT: AN ORDINANCE AMENDING CHAPTER 82 OF THE CITY CODE, ENTITLED "PUBLIC PROPERTY", BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENTS OF MONUMENTS AND MEMORIALS", BY AMENDING SECTION 82-501 (C)(l) THEREOF, TO EXEMPT THE MIAMI BEACH BOTANICALGARDEN FROM THE PROVISIONS OF SAID ARTICLE VI, SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THIS ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND EFFECTIVE DATE ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the ordinance on first reading and schedule a second reading public hearing. BACKGROUND On January 17,2007, the Mayor and City Commission approved a new Management Agreement with the Miami Beach Garden Conservancy for the operation of the Botanical Garden, with an initial term of five (5) years, commencing on July 1,2007, with an option, at the City's sole discretion, to renew and extend the Agreement for an additional five (5) year term. Since taking over the operations of the Botanical Garden in July, 1999, the Conservancy has initiated extensive public outreach initiatives, educational programming, and has played an important role in capital planning efforts including, but not limited to, recent upgrades to the facility's irrigation system (with matching grant funds from the County). The Conservancy has also used its best efforts to increase its publiclprivate funding contributions towards the operation of the facility, resulting in City being able to reduce its annual contribution by 25% @om $200,500 in FY 01/02 to $I52,475through FY 09/10). The City' annual contribution comprises approximately 43% of the Conservancy's income, with the balance derived from grants, donations, memberships, event functions, and gift shop sales. It should also be noted that the Administration has looked into the cost of absorbing the operation in-house. Based on an estimate by the City's Parks Department, the City's cost to operate the facility, providing the same level of programming and services, would be approximately $230,000 per year; almost 51% more than the City's current contribution to the Conservancy. One of the Conservancy's primary goals is to achieve accreditation of the Miami Beach Botanical Garden through the American Association of Museums (AAM). To this end, it has been working with the City in defining the scope of capital improvements to achieve this goal. Originally, a total of $1.5 Million was allocated from the Series 2000 General Obligation Bonds to undertake the improvements. In July, 2003, following an RFQ selection process, EDAW was selected to undertake the planning and design of the facility. Contract issues between EDAW and the City led to EDAWs eventual termination for convenience, and the project being put on hold until additional funds could be identified andlor the scope revisited. A total of $1,380,753 is currently available for design and construction of this project from the Botanical Garden - Exemption from Naming Ordinance Page 2 of 3 Series 2000 General Obligation Bond and City Center RDA funds. Approximately $381,247 have been expended or encumbered to date due to previous design efforts. On September 10, 2008, the City Commission authorized the execution of a professional services agreement with RJI, in an amount not to exceed $125,000, for architectural, engineering, and landscape architecture services for the master planning, design, bid and award, and construction administration services, and an approved reimbursable allowance of $5,000; for a total not to exceed amount of $130,000. On January 13,2010, the City Commission approved the Basis of Design Report (BODR) for the Miami Beach Botanical Garden, providing for the implementation of improvements in three (3) phases; totaling an estimated $2,148,044. A fourth phase of the adopted Master Plan includes certain improvements not considered an integral part of the immediate design plan, totaling an additional $358,488, and include such items as a future visitor center, a reflecting pool, refurbishing the existing fountain, adding an on-site rain water collection system, and a shade structure over the patio for outdoor events. The Conservancy has proposed to fund these elements through private donors, in exchange for naming rights acknowledging the donors. Chapter 82 Article VI of the City Code, "Naming of Public Facilities and Establishment of Monuments and Memorials," sets forth the manner in which public facilities may be named, monuments/memorials established and streets co-designated. However, on several occasions the City has provided for an exemption from the requirements of the provisions of Chapter 82 Article VI; these exemptions were granted for the Bass Museum of Art, the Miami City Ballet; and for the Altos del Mar Sculpture Park. Additionally, the Miami Beach Garden Center and Conservancy (a.k.a. the Botanical Garden) is exempt under the Ordinance, but only from the referendum requirements. ANALYSIS On April 27, 201 1, at a meeting of the City's Finance and Citywide Projects Committee (FCWPC or Committee), the administration recommended that in order to allow the Conservancy to award naming rights for interior portions of the premises in exchange for monetary contributions from private donors to fund improvements set forth in the BODR. As it has been done with other not-for-profit entities (i.e. the Bass Museum, Miami City Ballet and the Altos del Mar Sculpture Park), the City Commission could exempt the Miami Beach Botanical Garden from the provisions of the City's Naming Ordinance (rather than just keeping the limited exemption, exempting it from thereferendum requirements). In the event that the City Commission approves such exemption from the Naming Ordinance, the Management Agreement would also be amended to establish criteria and guidelines for naming interior portions of the facility. It should be noted that naming rights provisions have been incorporated into other management agreements, involving the Altos Del Mar Sculpture Garden, the Miami Beach Convention Center and the Fillmore. The recommendations were approved by theFCWPC. PROPOSED ORDINANCE AMENDMENT The proposed ordinance amendment would add an additional exemption to Section 82-501(c) specifically relating to the Botanical Garden. This amendment, if approved on First Reading, would provide that the naming of the interior sections of the Premises and improvements thereto specified in the BODR, would be exempt from the process set forth in Article VI. Specifically, the naming of any interior portions of the Premises would not be subject to committee review and approval, it could be named for someone living or dead, would not require a referendum, and would not require a noticed public hearing to be held. Such exemption would be subject to certain conditions, as set forth in the proposed ordinance as follows: 1. The Botanical Garden is occupied, operated and maintained by the Conservancy; 2. The Conservancy remains in good standing and free from default under the management Botanical Garden - Exemption from Naming Ordinance Page 3 of 3 agreement; 3. The premises remains free and open to the general public; and 4. The exemption shall automatically terminate upon the termination of the Management Agreement. CONCLUSION AND RECOMMENDATION Pursuant to the recommendation of the FCWPC, the Administration recommends approval of the proposed ordinance on First Reading, subject to which it can be scheduled for Second and Final Reading on June 1, 201 1. At the same time, the Administration will submit a separate resolution for approval by the City Commission, recommending certain amendments to the Management Agreement between the City and the Conservancy, setting forth the terms and conditions bywhich the Conservancy may grant naming rights in interior portions of the Botanical Garden. JMGIHMFlAPlkob Attachment T:\AGENDA\201 l\Consent\Botanical Garden Naming Ordinance Exemption Merno.doc ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE ClTY CODE, ENTITLED "PUBLIC PROPERTY", BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENTS OF MONUMENTS AND MEMORIALS", BY AMENDING SECTION 82-501(~), TO EXEMPT THE MlAMl BEACH BOTANICAL GARDEN FROM THE PROVISIONS OF SAID ARTICLE VI, SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THIS ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY, CODlFlCTlON AND EFFECTIVE DATE. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AMENDMENT TO ARTICLE VI OF CHAPTER 82 OF THE CITY CODE. A. That Chapter 82, Article VI, Section 82-501(c) of the Miami Beach City Code is hereby amended as follows: CHAPTER 82 PUBLIC PROPERTY ARTICLE VI. Naming of Public Facilities and Establishment of Monuments and Memorials. Set. 82-501. Generally. (a) No public facility located in or owned by the city shall be named except in accordance with the procedures set forth in this article. (b) No monument or memorial shall be established within the city except in accordance with the procedures set forth in this article. (c) Effective upon adoption of this article, no street located in the city shall be hereafter named, renamed, or co-named after any person or persons, living or deceased. The Bass Museum of Art, the city-owned building, located at 2200 Liberty Avenue, Miami I Beach, Florida (the Miami City Ballet Building); & all or any portion(s) of &city- owned property comprising the public cultural facility known as the "Altos Del Mar Sculpture Park," located within a portion of Altos Del Mar Park, on Collins Avenue between 76th and 77th Street, Miami Beach, Florida (the ADMSP Sculpture Park); and all or anv portion(s) of the city-owned property comprising the Miami Beach Botanical Garden, located at 2000 Convention Center Drive, shall be exempt from the provisions of this article. The Miami City Ballet Building shall only be exempt for so long as: (1 Said building is occupied, operated and maintained by Miami City Ballet, Inc., a not-for-profit corporation; (2) The building is used as the principal headquarters, administrative offices, and studio and teaching facilities of the Miami City Ballet; and (3) Miami City Ballet, Inc., remains in good standing and free from defaults under that certain lease agreement for the Miami City Ballet Building between the city, as landlord, and Miami City Ballet, Inc., as tenant. The ADMSP Sculpture Park shall only be exempt from the provisions of this article for so long as: (1) The Sculpture Park is occupied, operated and maintained by Altos Del Mar Sculpture Park, Inc., a not-for-profit corporation; (2) The Sculpture Park remains free and open to the general public; and (3) Altos Del Mar Sculpture Park, Inc., remains in good standing and free from defaults under that certain management agreement between the city and Altos Del Mar Sculpture Park, Inc., dated June 3, 2009. The Miami Beach Botanical Garden shall onlv be exemDt from the provisions of this article for so long as: Ill The Miami Beach Botanical Garden is occupied, operated and maintained bv the Miami Beach Garden Conservancv, a not-for-profit corporation; (2) The Miami Beach Botanical Garden remains free and oDen to the general public; and (3) The Miami Beach Garden Conservancv remains in good standing and free from defaults under that certain management agreement between the citv and the Miami Beach Garden Conservancv, dated Julv I, 2007. The exemption for the Miami City Ballet Building shall automatically terminate upon the earlier of the expiration or other termination of the aforestated lease agreement between the parties. The exemption for the ADMSP Sculpture Park shall automatically terminate upon the earlier of the expiration or other termination of the aforestated management agreement. The exem~tion for the Miami Beach Garden Conservancv shall automaticallv terminate won the earlier of the expiration or termination of the aforestated manaqement agreement. SECTION 2. That Chapter 82, Article VI, Section 82-503(c)(3) is hereby deleted in its entirety as I follows: Sec. 82-503. Naming of public facilities; co-naming of streets. (c) Exterior portion(s) of a public facility, or park. (1) Where an exterior portion(s) of a public facility, or where a park is to be named, the city commission may only consider a name approved by a majority of the members of the committee. (2) Additionally, any name so approved by the city commission must be approved by a five-sevenths vote and must be submitted to the electorate of the city by referendum at the next regularly scheduled election. The name selection shall be approved by a majority of the electorate voting in the referendum. Notwithstanding any other provision of this article, the referendum requirements of this section shall not apply where any city owned facility, not already named for an individual or individuals pursuant to subsection 82-503 (a)(4), is to be named or renamed to include the name of the city and the function of the facility or the current name of the facility. I SECTION 3. REPEALER All ordinances or parts in conflict herewith be and the same are hereby repealed. SECTION 4. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court or competent jurisdiction, then said holding shall in no way affect the validity of the remaining portion of this Ordinance. SECTION 5. 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 "ordinanceJ' may be changed to "section", "article", or other appropriate word. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect on the day of ,201 1 PASSED and ADOPTED this day of ,2011 ATTEST: MAYOR CITY CLERK F:\ATTO\AGUR\RESOS-ORD\Botanical Garden - Naming of Public Facilities Ordinance (4-27-1 ?).doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 4 Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution Accepting The Recommendation Of The Crty Manager Pertaining To The Ranking Of Proposals Pursuant To Request For Proposals (RFP) No 17-1011 1, For Parking Attendants For The Crty's Parking Garages; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Proposer, Standard Parking Corporation, And Should The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposer, Authorize The Administration To Negotiate With The Second-Ranked Pro~oser. Seven One Seven Parkina Enterprises, And Further Authorize The Mayor And I Crty Clerk To ~xecuti An Agreement Upon completion of ~;ccessful Negotiations ByThe ~dminitration. I Key Intended Outcome Supported: I Improve parking availability Supporting Data (Surveys, Environmental Scan, etc.): The 2007 Miami Beach Customer Service Survey indicates 19% of residents rated the availabilrtyof parking on Miami Beach as about the right amount. Issue: ( Shall the City Commission adopt the Resolution? I Item SummarylRecommendation: I At its February 9,201 1 meeting, the Mayor and City Commission authorized the Administration to issue a I I Request for ~ro~osals (RFP) for parking ~ttendants for the Cws Parking Garages. I The Crty's existing contract term with Imperial Parking (Impark) for parking attendants will expire on August 11, 201 1, with two (2) one-year renewal options, upon the same terms and conditions, at the City's sole discretion. An Evaluation Committee appointed by the Crty Manager convened on May 2, 201 1, and listened to presentations from all proposers; conducted question and answer sessions; and deliberated. The Committee unanimously voted to recommend Standard Parking as the topranked firm, and Seven One Seven as the second-ranked firm. The Clty Manager was briefed on and has considered the Committee's recommendation; after conducting his own independent review of the proposals, the City Manager agrees with the Committee's recommendation Utilizing the average annualized number of hours (average number of hours for the last three fiscal years) of 184,463. Impark's blended hourly rate, effective October I, 201 1, is $1 6.73. This equates to an annual cost of $3,086,154. Standard Parking's annual cost is $2,675,652 with benefits and $2,827,123 without benefits. This equates into a hypothetical hourly billing rate ranging between a low (best case) of $14.51 per hour; $14.92 average; and a high (worst case) of $15.33 per hour. This translates to an annual savings ranging between $259,031 and $410,502, contingent upon with benefits or without beneffis. lmpark SP Diff % Blended Hourly Rate wlBenefits: $1 6.73 $14.51 ($2.23) 13.3% Average Hourly Rate: $1 6.73 $14.92 ($1.81) 10.8% Blended Hourly Rate w/o Benefits: $16.73 $15.33 ($1.40) 8.4% Therefore, in all cases, Standard Parking cost proposal is more cost effectiiewhen compared to the existing options available under the lmpark contract. Please refer to the attached cost comparison for more detailed analysis. It is therefore recommended that if the Administration is unsuccessful in negotiating with Standard Parking, that the Administration commence negotiations with Seven One Seven. ADOPT THE RESOLUTION. Advisory Board Recommendation: I Financial Impact Summary: I Financial Information: Sign-0%: Departbent Director Assistant City Manager City Manager I n I Approved Source of ~unds: OBPl Amaunt t Totaf Account MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachR.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: May 11,201 1 SUBJECT: A RESOLUTION OF THE MAYOR MD CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ClTY MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO 17-1011 I, FOR PARKING ATTENDANTS FOR THE CITY'S PARKING GARAGES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WlTH THE TOP-RANKED PROPOSER, STANDARD PARKING CORPORATION, AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WlTH THE TOP- RANKED PROPOSER, AUTHORIZE THE ADMINISTRATION TO NEGOTIATE WlTH THE SECOND-RANKED PROPOSER, SEVEN ONE SEVEN PARKING ENTERPRISES; AND FURTHER AUTHORIZE THE MAYOR AND ClTY CLERK TO EXECUTE AN AGREEMENT UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOMES SUPPORTED Maintain or improve traffic flow and improve parking availability. ANALYSIS At its February 9, 2011 meeting, the Mayor and City Commission authorized the Administration to issue a Request for Proposals (RFP) for Parking Attendants for the City's Parking Garages. The City's existing contract term with Imperial Parking (Impark) for parking attendants will expire on August 11, 201 1, with two (2) one-year renewal options, upon the same terms and conditions, at the City's sole discretion. Request for Proposals (RFP) No. 17-1 0110 was issued on February 22,201 1, and notices sent to over 55 firms, which resulted in the receipt of six (6) proposals from the following proposers: Double Park; Elite; Impark; Laz and Denison Joint Venture; Seven One Seven; and e Standard Parking. Commission Memorandum RFP-17-10/11 For Parking Attendants for the Cify's Parking Garages May 11,2011 Page 2 of 10 RFP REQUIREMENTS Proposers were required to base their costs on the following guaranteed minimum number of hours annually: Attendant 1's: 64,000 80% Attendant 11's: 16,000 20% Total: 80,000 100% A. RESPONSIBILITY OF THE SUCCESSFUL PROPOSER The successful Proposer shall be responsible for the following: 1. Providing trained and uniformed parking attendants at each of the designated parking facilities below, Monday through Sunday, including holidays and during special events. The parking facilities are located at: 7th Street & Collins Avenue Garage 17th Street Garage 13th Street Garage 42nd Street Garage 12th Street & Drexel Garage City Hall Garage "!jth and Alton" Garage Pennsylvania Avenue Garage Preferred Parking Surface Lot (Convention Center Lot) Anchor Garage - 16'~ Street and Collins Avenue Multiple municipal surface parking lots, including during special events andlor seasonally. 2. Proposer's parking attendants must: Collect parking fees, validate tickets, and perform related duties. Provide financial and ticket reports at the conclusion of each shift. Submit all monies representative of the shift's activity to the shiftlfacility Attendant Il's, 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 neat, well-groomed appearance at all times. 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. Be qualified to complete all required cash and ticket reports to ensure the accurate and complete recordation of such reports. Demonstrate ability to add, subtract, multiply, and divide in a consistent and accurate manner. Commission Memorandum RFP- 17-10'1 I For Parking Attendants for the City's Parking Garages May 11,2011 Page 3 of I0 J. Be familiar with City parking policies pertinent to: Monthly Parking Program City Decals and Permit Parkers Special Event Parking iPark Hotel Hang-Tag Program; and a Any other programs implemented by the City L. Be familiar with the location, hours of operation, and rates of all City parking facilities. M. Trained in operating the City's gated parking revenue control equipment. N. Perform all other related duties as assigned by the City. 3. Proposer shall provide and require its employees to wear a uniform: A. Sportlpolo shirt or collared shirt (no t-shirts), dark pants, shorts or skirt. B. 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. C. The Proposer must include its name on the badge or uniform. D. The City reserves the right of final approval of the uniform selected by the Proposer. 4. Proposer will provide one (1) trained Attendant II per location, as requested on each shift. The responsibilities of the Attendant II 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 II to replace the Attendant I immediately. The Attendant II shall issue a bank for each Attendant I, whose duties are to cashier, per shift. B. Scheduling of shift locations and replacements for daily and weekly schedule and scheduling for vacations and emergencies. C. The shift 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. E. Perform the duties of a Parking Attendant I, when and if necessary. F. Perform other related duties as requested by City staff. 5. If required by the City, Proposer shall use best efforts to transition employees of the existing service provider who choose to migrate to the selected firm. 6. 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. 7. Proposer shall schedule monthly performance meetings with City management to review performance issues. Commission Memorandum RFP- 17-IO/I I For Parking Attendants for the Cify's Parking Garages May 11,2011 Page 4 of 10 8. Proposer shall notify the City of a 24 hour contact via telephone and/or pager. A minimum of two (2) contact names must remain on file with the City at all times. 9. Proposer shall respond to any complaint received from the general public or the City Administration, in writing, within 24 hours of receipt of complaint. 10. All training is the sole responsibility of the Proposer. Proposer will provide written rules of conduct for its personnel, which must be approved by the City's Parking Director. 11. 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 of Proposer's employees shall be bonded and insured. 13. Smoking, eating, and/or mobile phone use on the job or in a parking facility is strictly prohibited. 14. Proposer must supply a $100.00 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 $100 bank; however, typically, eighty (80) one-dollar bills and two (2) rolls of quarters will be required. 15. 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); balancing all transactions at all pay-on-foot stations at applicable facilities; and performing all other related duties pertaining to pay-on-foot stations, as assigned by the City. 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). Proposer shall use 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. 16. Proposer shall maintain a trained and courteous workforce. 17. Proposer shall ensure that each cashier booth and facility office is equipped with the following: A. City of Miami Beach Parking Guide B. Chamber of Commerce Visitor Guide C. Any other materials provided by the City. 18. 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. Commission Memorandum RFP- 17- IO/II For Parking Attendants for the City's Parking Garages May I I, 2011 Page 5 of I0 19. Proposer shall provide continuous and on-going procedural and equipment training to its employees. 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 Proposer to train employees at City parking facilities and relocate the employee to another contract or client for any period of time without the prior written consent of the City. 20. Proposer shall provide sufficient vehicles, (in such number as reasonably determined by the City) for its employees to ensure the effective and efficient transport of attendants to assigned locations throughout all shifts. Proposer shall perform a background check, in such manner as approved by the City, on all of its employees, as part of its 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. Proposer may also be required to conduct other screening andlor investigative measures at the request of the City. The City has the right to refuse any personnel supplied by the firm. Any person employed by the successful Proposer whom the Parking Director, in sole and reasonable discretion, 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. 22. Proposer shall include its audit and intemal controls including, but not limited to, the following: code of conduct and a confirmation process; hiring and promoting of employees; continuous training; fair and balanced discipline; implementing and monitoring intemal controls; having a strong and independent audit committee; and hiring effective internal auditors. The City reserves the right to require Proposer to conduct investigative measures, including audits, andlor surveillance, to ensure the integrity of the system and their employees. 24. Proposer shall provide samples of its 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. 25. The City will at no time be responsible for any and all overtime payroll expense incurred by the Proposer unless the City authorizes said overtime in advance, in writing. Said authorization shall only be granted under extenuating circumstances such as a force majeure event, homeland security event, or other similar type of event. B. MOST FAVORED CUSTOMER The successful Proposer shall warrant and represent to the City that the prices, warranties, benefits and terms set forth in the resulting contract negotiated between Proposer and the City shall be 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 the City contract for the same or substantially similar services as defined in the contract. Commission Memorandum RFP- 17-.10/.1 .1 For Parking Attendants for the City's Parking Garages May .1 f, 20.11 Page 6 of 10 If at a time during the Term of the City contract, the successful Proposer enters into another 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, the City 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. C. PERFORMANCE STANDARDS 1. Uniforms/Name-tags: Proposer's 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 uniform/name-tag. 2. Customer ServicelConduct: 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, and/or 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 (1) hour of said request. RESPONSIBILITY OF THE CITY The City shall be responsible for the following: 1. The City will provide a clean and safe workplace. 2. The City shall provide Proposer with a calendar of events at the City of Miami Beach Convention Center, The Fillmore at the Miami Beach Jackie Gleason, and New World Symphony. The City shall also provide Proposer with a copy of the City of Miami Beach annual calendar. 3. The City shall use reasonable business efforts to notify Proposer of any special events and their specific parking requirements at least one week (seven calendar days) prior to commencement of the event. 4. The City shall provide a comprehensive list of events requiring the staffing of surface parking lots. Commission Memorandum RFP-17-10/11 For Parking Affendanfs for fhe Cify's Parking Garages May 11, 1,011 Page 70f 10 5. The City shall be responsible for all preventive maintenance; regular maintenance; and repairs of all pay on foot stations. MANDATORY PRE-PROPOSAL SUBMISSION MEETINGS As part of the RFP process mandatory pre-proposal submission meetings were scheduled for 2:00 pm on March 4,201 1, and at 2:00 pm on March 8,201 1. Attendance at one (I) of the aforementioned pre-proposal submission meetings was mandatory and required in order for a proposer to be deemed responsive and receive consideration. On March 4, 201 1, a total of 16 firms were represented at the pre-proposal submission meeting. And On March 8, 201 1, a total of 14 firms were represented at the pre- proposal submission meeting. See Attendance Sign-In Sheets at Attachments A and B. On April 19, 201 1, the City Manager via Letter to Commission (LTC) No. 091-201 1, appointed the following individuals to serve as Evaluation Committee members (the "Committee"): Kathie Brooks, Director of OBPl Hector Castro, Assistant Public Works Director Josephine Pampanas, Transportation and Parking Committee Member Steven Vincenti, Leadership Academy Graduate Allison Williams, CPA, Chief Accountant Alternates: Asrshan Borhan, Leadership Academy Graduate Xavier Falconi, Senior Planner Kathie Brooks was unable to serve as a Committee member due to previous commitments and her involvement in the budgeting process. James Sutter, CPA and Internal Auditor, was appointed the Committee Chair and replacement to Ms. Brooks. Steven Vincenti was unable to attend the Committee's May meeting, therefore, alternate Committee member Arshan Borhan was asked to replace Mr. Vincenti. On May 2, 201 1, the Committee convened and listened to presentations from all proposers; conducted question and answer sessions; and deliberated. The Committee ranked all proposers using the following evaluation criteria, which is verbatim from the RFP: Evaluation Criteria Weiaht Experience and Qualifications of the Proposer 15 pts Experience and Qualifications of Proposer's Management Team 20 pts Total Additional Costs (Price Proposal Form Sec. E + F) 30 pts Past Performance (due diligence) 15 pts Corporate Responsibility: 10 pts Additional Hours ProfitlPercentage (Price Proposal Form Section H): 10 ets TOTAL 100 pts Commission Memorandum RFP- 17-lO/l I For Parking Attendants for the City's Parking Garages May If, 201f Page 8 of I0 The Committee discussed the proposals and the corresponding presentations, and proceeded to score and rank the proposals as follows: FINAL RANKING Committee member Hector Castro moved to rank Standard Parking as the top-ranked firm and Seven One Seven as the second-ranked firm. Said motion was seconded by Josephine Pampanas. The Committee unanimously voted to recommend Standard Parking as the top- ranked firm, and Seven One Seven as the second-ranked firm. lmpark LazJDenison Seven One Seven Standard Parking Attached please find Standard Parking's qualifications; staffing plan; resumes of key personnel; corporate responsibility; attendant staffing and services; special events staffing; transition plan; recruitment and hiring; and training. Attached please find Seven One Seven's executive summary; company information; executive team; operational plan; training; customer service; corporate responsibility; and resumes of key personnel. 3(8 1.7) 5(78) 2(83.6) l(88.25) CITY MANAGER'S DUE DlLLlGENCE The City Manager was briefed on and has considered the Committee's recommendation; after conducting his own independent review of the proposals, the City Manager agrees with the Committee's recommendation based on the following: 2(75) 4(71) 3(73) l(89) 1. Double Park. Although Double Park offered the lowest total cost, Judge Goderich ordered a 60-day suspension of their valet parking licenses at various locations in the South Beach area. The Appellate Court denied Double Park's motion for rehearing on the appeal. Therefore, the City prevailed and will proceed with the institution of the suspension order from Judge Goderich. 2. Elite Parking. Elite Parking is a small parking operator with only one corporate officer, Mr. Dane Grey. Elite's primary experience is with valet parking operations with no clients provided or referenced in providing management and operations of municipal parking garages. Elite did not identify a project manager. 4(80) 4(80) 2(85) I (87) 3(70) 5(68) 2(77) l(84) 4(69) 5(66) 2(75) l(77) Commission Memorandum RFP-17- lO/lI For Parking Attendants for the City's Parking Garages May 1 I, 2011 Page 9 of 10 3. Imperial Parking ("lmpark"). Impark's base cost proposal was the second highest, and when including the additional profit for additional hours, further increase the disparity with the lowest and best bidders. 4. LazlDenison. The Laz and Denison Joint Venture cost proposal was the highest of all bidders. They also failed to provide detail information for their cost for unemployment insurance and workmen's compensation insurance. 5. Seven One Seven. Vice President Mike McKeon when employed by lmpark spearheaded a smooth transition from former parking operation to Impark, and provided a strong transition plan and working knowledge of the obstacles associated with a transition. Seven One Seven is the largest operator in Florida in terms of locations and employees, and has recently expanded their locations to South Florida. 6. Standard Parking. Unanimously selected by the Evaluation Committee as the top-ranked proposer based on the following: a. Partnership Approach; b. Value added; c. Dedicated Team of Municipal Experts (over 100 years); d. Local Presence & Local Team; e. Industry Specific Training and Development; f. Over 10 years of community involvement; g. UNIDAD - Annual Holiday Toy Drive; h. Florida Municipal Experience: (1) City of Miami Beach - Meter Collections (2) City of Coral Gables (3) City of Fort Myers (4) City of Orlando (5) City of Pensacola (6) City of Tampa; i. Management Fee of $75,00Olyear; j. All expenses itemized; k. All possible additional expenses identified; I. Double the hours and the Management Fee remains the same; m. Environmentally conscious; n. A Travel Demand Management application that sells parking and other services online; o. Click & Park Value Added: (1) Residential Decal Program One day residential visitor pass; (2) Special Events; (3) Convention Center events and concerts; (4) On-street Special event parking permit; (5) Communicate to parkers via email & text messaging; (6) Custom route directions to reduce traffic issues; (7) Custom supplylinventory management. Commission Memorandum RFP-17- 10'11 For Parking Attendanis for fhe Cify's Parking Garages May I.I,2011 Page I0 of I0 A hypothetical comparison of the Standard Parking price proposal yields an annual savings versus the current contract with Impark. Utilizing the average annualized number of hours (average number of hours for the last three fiscal years) of 184,463. Impark's blended hourly rate, effective October 1, 2011, is $16.73. This equates to an annual cost of $3,086,154. Standard Parking's annual cost is $2,675,652 with benefits and $2,827,123 without benefits. This equates into a hypothetical hourly billing rate ranging between a low (best case) of $14.51 per hour; $14.92 average; and a high (worst case) of $15.33 per hour. This translates to an annual savings ranging between $259,031 and $410,502, contingent upon with benefits or without benefits. lmpark SP D iff % Blended Hourly Rate w1Benefits: $16.73 $14.51 ($2.23) 13.3% Average Hourly Rate: $16.73 $14.92 ($1 -81) 10.8% Blended Hourly Rate wlo Benefits: $16.73 $15.33 ($1.40) 8.4% Therefore, in all cases, Standard Parking cost proposal is more cost effective when compared to the existing options available under the lmpark contract. Please refer to the attached cost comparison for more detailed analysis. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached Resolution which accepts the recommendation of the City Manager pertaining to the ranking of proposals pursuant to Request for Proposals (RFP) No 17-1011 1, for Parking Attendants for the City's Parking Garages; authorize the Administration to enter into negotiations with the top- ranked proposer, Standard Parking Corporation, and should the Administration not be successful in negotiating an agreement with the top-ranked proposer authorize negotiations with the second-ranked proposer, Seven One Seven Parking Enterprises; and further authorize the Mayor and City Clerk to execute an agreement upon completion of successful negotiations by the Administration. T:WGENDA\2011\5-11-1 l\RFP-17-10-11 Parking Attendants.doc PARKING ATTENDANTS FOR THE CITY'S PARKING GARAGES RFP# 17-10/11 DOUBLEPARK Elite Parking IMPARK Seven One Seven SP Plus Laz Parking D LABOR SUB-TOTAL (PROVIDED BY CITY) - Sub-Total 1,125,920.00 $ 1,125,920.00 $ 1,125,920.00 $ 1,125,920.00 $ 1,125,920.00 $ 1,125,920.00 E CONTRACTOR SERVICES ANNUAL COSTS: 176,648.72 $ 281,794.24 $ 433,864.22 $ 540,958.00 $ 206,410.18 $ 306,173.28 F FIRMS ANNUAL PROFIT 72,000.00 $ 10,000.00 $ 100,000.00 $ 140,000.00 $ 112,500.00 $ 75,000.00 G Contracted Services Annual Costs and Annual Profit 248,648.72 291,794.24 533,864.22 680,958.00 318,910.18 381,173.28 1 TOTAL COST D + G 1,374,568.72 1,417,714.24 1,659,784.22 1,806,878.00 1,444,830.18 1,507,093.28 1 H ADDITIONAL HOURS - ADDITIONAL PROFIT Attendant Is Profit (%) Profit (%) Profit (%) Profit (%) Profit (%) Profit (%) (a) 1st Additional 6,000 Hours w/Benefits $10.72 8.4% 30.0% 10.0% 0.0% 0.0% $ 5,402.88 $ - $ 19,296.00 $ 6,432.00 $ - $ w/o Benefits $12.17 7.4% 2.0% 30.0% 10.0% 0.0% 0.0% $ 5,403.48 $ 1,460.40 $ 21,906.00 $ 7,302.00 $ - $ (b) 2nd Additional 6,000 Hours w/Benefits $10.72 8.4% 30.0% 10.0% 0.0% 0.0% $ 5,402.88 $ - $ 19,296.00 $ 6,432.00 $ - $ w/o Benefits $12.17 7.4% 2.0% 30.0% 10.0% 0.0% 0.0% $ 5,403.48 $ 1,460.40 $ 21,906.00 $ 7,302.00 $ - $ (c) Above 76,000 Hours w/Benefits $10.72 8.4% 30.0% 10.0% 0.0% 0.0% w/o Benefits $12.17 7.4% 2.0% 30.0% 10.0% 0.0% 0.0% Attendant Ils Profit (%) (a) 1st Additional 2,000 Hours w18enefits $11.72 7.7% $ 1,804.88 .$ w/o Benefits $13.17 6.8% $ 1,791.12 $ (b) 2nd Additional 2,000 Hours wI8enefits $11.72 7.7% $ 1,804.88 $ W/O Benefits $13.17 6.8% $ 1,791.12 $ (c) Above 20,000 Hours w/Benefits $11.72 7.7% W/O Benefits $13.17 6.8% Profit (X) Profit (%) Profit (%) Profit (%) Profit (%) w/Benefits (a) & (b) only Direct Cost for Attendant Is (12,000 hrs)(10.72/hr) $ 128,640.00 $ 128,640.00 $ 128,640.00 $ 128,640.00 $ 128,640.00 $ 128,640.00 Direct Cost for Attendant Ils (4,000 hrs)(ll.72/hr) $ 46,880.00 $ 46,880.00 $ 46,880.00 $ 46,880.00 $ 46,880.00 $ 46,880.00 PROFIT $ 14,415.52 $ - $ 52,656.00 $ 17,552.00 $ - $ SUB -TOTAL w/BENEFITS - ADDITIONAL HOURS $ 189,935.52 $ 175,520.00 $ 228,176.00 $ 193,072.00 $ 175,520.00 $ 175,520.00 . I TOTAL COST D + G $ 1,374,568.72 $ 1,417,714.24 $ 1,659,784.22 $ 1,806,878.00 $ 1,444,830.18 $ 1,507,093.28 1 [ TOTAL wlBENEFm $ 1,564,504.24 $ 1,593,234.24 $ 1,887,960.22 $ 1,999,950.00 $ 1,620,350.18 $ 1,682,613.28 1 wlout Benefits (a) & (b) only Direct Cost for Attendant Is (12,000 hrs)(12,17/hr) $ 146,040.00 $ 146,040.00 $ 146,040.00 $ 146,040.00 $ 146,040.00 $ 146,040.00 Direct Cost for Attendant Ils (4,000 hrs)(13.17/hr) $ 52,680.00 $ 52,680.00 $ 52,680.00 $ 52,680.00 $ 52,680.00 $ 52,680.00 PROFIT $ 14,389.20 $ 3,974.40 $ 59,616.00 $ 19,872.00 $ - $ SUB -TOTAL w/OUT BENEFITS - ADDITIONAL HOURS $ 213,109.20 $ 202,694.40 $ 258,336.00 $ 218,592.00 $ 198,720.00 $ 198,720.00 TOTAL COST D + G $ 1,374,568.72 $ 1,417,714.24 $ 1,659,784.22 $ 1,806,878.00 $ 1,444,830.18 $ 1,507,093.28 I TOTAL wIOUT BENEFITS $ 1,587,677.92 $ 1,620,408.64 $ 1,918,120.22 $ 2,025,470.00 $ 1,643,550.18 $ 1,705,813.28 1 PARKING ATTENDANTS FOR THE CITY'S PARKING GARAGES RFP# 17-10/11 I IMPORTANT NOTE: I This analysis is done for comparitive purposes. The City intends to enter into a Management Agreement and not have hourly rates. I SP PLUS RATES VS. IMPARK RATES I INCLUDED IN BASE BID I INCLUDED IN BASE BID V, - - - - - ACTUAL ACTUAL PROJECTED FY08/09 FY09/10 FY10/11 Attendant I 165,360.00 107,887.25 86,000.00 Attendant ll 64,494.25 64,647.95 65,000.00 TOTAL HOURS 229.854.25 172,535.20 151,000.00 (A) Base Bid Sub-Total Attendant I Attendant ll (B) Additional Hrs Sub-Total AVG 3 YEARS 119,749.08 64,714.07 184,463.15 80,000.00 55,749.08 48,714.07 104,463.15 a VI w n n VI IMPARK SP PLUS DlFF % DlFF Blended Hourly Rate w/Benefits $ 16.73 $ 14.51 $ (2.23) -13.3% AVG Rate (wlbenefits & w/out) $ 16.73 $ 14.92 $ (1.81) -10.8% Blended Hourly Rate w/out Benefits $ 16.73 $ 15.33 $ (1.40) -8.4% .. I- 2 w w 3 u Y w 2 h (A) Base Bid COST Attendant I $ 10.72 Attendant ll $ 11.72 (B) Addt'l Hrs Sub-Total w/Benefits (A+B) TOTAL w/BENEFITS Total Hours SP PLUS Blended Hrly Rate w/Benefits (A) Base Bid COST Attendant I $ 12.17 Attendant ll $ 13.17 (B) Addt'l Hrs Sub-Total w/out Benefits (A+B) TOTAL w/OUT BENEFITS Total Hours SP PLUS Blended Hrly Rate w/out benefits 1,507,093.28 $ 597,630.17 $ 570,928.86 $ 1,168,559.03 $ 2,675,652.31 184,463.15 $ 14.51 1,507,093.28 $ 678,466.34 $ 641,564.26 $ 1,320,030.60 $ 2,827,123.88 184,463.15 $ 15.33 IMPARK CURRENT CONTRACT w/OCT 2011 RATES SP PLUS AVG Hrly Rate (wibenefits and w/out]( $ 14.92 Attendant I $ 16.32 Attendant II $ 17.49 Total Hours IMPARK Blended Hourly Rate $ 1,954,305.04 $ 1,131,849.03 $ 3,086,154.07 184,463.15 $ 16.73 STANDARD PARKING * MIAMIBEACH PARKING ATTENDANTS FOR THE CITY'S PARKING GARAGES Qualifications of Proposer Citv of Miami Beach From 2000 to 2008, Standard Parking Corporation managed the City of Miami Beach contract for parking attendants and supervisors, overseeing the daily operations of nine (9) municipal parking facilities with over 6000 parking spaces and 68 surface lots with over 8,500 spaces across the City; coordinating the training of the cashiers, attendants and supervisors at each of the designate parking facilities, including holidays and during Special Events. Field expert in coordinating and executing schedules, training and guidelines for parking attendants during events held at the City of Miami Beach Convention Center, Fillmore Theater, and Lincoln Theater as well as high profile events such as the Car Show, Boat Show, Food and Wine Festival, Art Basel, etc. Experience with Transportation and Parking Standard Parking Corporation (NASDAQ:STAN) is a leading national provider of parking facility management services, providing on-site services at multi-level and surface parking facilities for all major markets of the parking industry. We manage parking facilities containing more than one million parking spaces in hundreds of cities across the United States and Canada. Founded in 1929, our history and resulting experience have allowed us to develop and standardize a rigorous system of processes and controls that enable us to deliver consistent, transparent, value-added and high- quality management and operational services. We serve myriad'municipalities and'governmknt facilities, colleges and universities, healthcare facilities, airports, hotels, commercial real estate, residential communities and retail establishments. Through om SP plus@ Municipal Services operating division, we bring together a tremendous depth of talent and expertise specific to public enterprises. It is this precise understanding of municipal operations in addition to our corporate resources that allow us to confidently state that we are able to provide the City world class service and exceptional value. National and Regional Support Groups Our on-site management team will be closely and constantly monitored and supported by our Regional, Municipal and National Support Groups. We have a dedicated National Municipal Support Group which monitors and assists all of our governmental operations around the county. Our National Support Group provides extensive resources including: Human Resources Environmental Protection Safety and Training Risk Management Labor Relations IT Finance Legal Services Facility Developinent and Maintenance Strategic Planning Logistics and Maintenance - Purchasing Nature of Customer Base and Related Experience Our diverse client base includes many public institutions, the nation's most prestigious colleges and universities, hospitals and medical centers, managers and developers of commercial and residential properties, and sports and special event complexes. MIAMIBEACH PARKING ATTENDANTS FOR THE CITY'S PARIUNG GARAGES Accounting Capabilities Publically listed since 2004, we are subject to the requirements of the Securities Exchange Act of 1934 and the Sarbanes-Oxley Act. We adhere to accounting, internal control and reporting standards that are more rigorous than those typically followed by our non-public competitors. Under the direction of our Board's Audit Committee, our Internal Audit Department plays an instrumental role in ensuring that the company meets these standards. The Department's work includes the documentation of all business processes, control design analysis, key control identification and ongoing testing of controls for operating effectiveness. The Internal Audit Department also oversees the identification and testing of the company's entity-level controls, including the company's Code of Ethics and other high-level controls that ensure the integrity of Standard Parking's business processes and financial statements. Managing this process puts the department in touch with virtually eveiy aspect of our business and thus, helps to assure our clients that their parking facilities are properly controlled. Sarbanes-Oxley Certzpcatian The company completed an assessment of its internal controls over financial reporting as of the end of 2009, which were found to be effective and without material weakness. The company's independent auditor, Ernst & Young, LLP, has completed its evaluation and testing of our internal control over financial reporting, and has issued its unqualified opinion supporting this conclusion. Employee Time and Attendance Management Our internet-based workforce management tool enhances the effective deployment of personnel, which results in reduced labor-related operating costs and local managers better able to focus on customer service. Our enhanced automation capabilities address: Time recording and employee tracking Labor utilization (scheduling) Compliance with DOL and labor agreements Shift kacking Premium (OIT) hours management Time off management (i.e., vacations and holidays), and access to employee infoimation Additionally, we utilize the Stromberg automated pay011 system. This system allows our operations management team to review up to date payroll information. Supervisors can quickly view the status of assigned employees and edit time, employee file information, exceptions and schedules to match anticipated need. Once the time and attendance data is collected and stored, we can process the infonnation and generate over 50 different reports. These reports provide a complete overview of employee statistics, including overtime calculations. Employee exceptions and policy compliance can be tracked over long periods of time. Exceptions include early or tardy arrivals, late departures, long shifts, long meals, missed punches and fi-equent absences. As employees use the system, the program collects the exceptions defined MIAMIBEACH PARKING ATTENDANTS FOR THE CITY'S PARKING GARAGES within the payroll rule assigned to each employee, enabling managers to quickly identify unfavorable trends. At any time, supervisors can request a "snapshot" of exceptions, by employee in a calendar format that show the number and type of exceptions recorded by the system. Beyond the local time and attendance management, the senior operations management team review staffing levels and labor costs on a monthly basis and make adjustments as needed. We place an intense focus on labor costs and understand that these costs represent a significant percentage of each locatioi~~s operating expenses. In order to provide a secondary expense control, our Internal Audit Department reviews all payroll and labor information as part of the internal audit process. Benefits of our automated system include: No More Paper Timesheets: Automation of the manual processes of tracking employee tirne and attendance eliminates paper timesheets and improves the accuracy of time data for each employee. Improved Payroll Accmy: The systems approach reduces human emsy which allows us to process payroll more efficiently and accurately. Better Oversight of Labor Costs aid Absenteeism: Managers have improved visibility into overtime and absenteeism, using real-time data to make informed workforce decisions. Compliance with State and Federal Time Recordirzg Requireme~zts: Consistent pay policies are automatically enforced, with managers having the ability to review time accounting reports in real time. A full audit trail of tirne card edits and approvals is readily available. Garage Contract Labor Time Management - Our systems will serve as added accountability for the City's scheduling and time management inte~face. Our time clock system and reporting will increase the effectiveness of tracking actual hours worked by employees. @ MIAMIBEACH PARKING A~NDANTS FOR TI^ CITY'S PARWVG GARAGES Effectiveness of Past Performance Our peifomance can best be judged by our ability to maintain a stable client base. We have a track record of providing our clients and customers with a consistent, value-added and high quality experience, as reflected by our high location retention rate, which was approximately 89% for the year ending December 3 1,2010. Over the past five years, and through trying economic times, our retention rate approximated 90%! As our clients continue to outsource the management of their parking operations and look to consolidate the number of their outsourcing providers, we believe this trend can benef~ companies like ours, which has a national footprint and scale, extensive experience, broad process capabilities, and a demonstrated ability to create value for our clients. MIAMIBEACH PARKING ATTENDANTS FOR THE CITY'S GARAGES Attendant 1's 4*. r-l @ MIAMIBEACH PARK~G ATTENDANTS FOR THE c!ITl"S PAR~WG GARAGES Local Support: Rouiny Valera, CUP, Vice President, Municipal Services As Vice President of Municipal Services, based out of the Miami off~ce, and the local resident expert, Roamy will be onsite workiilg with Brian during the transition and throughout the contract. As an Intel-national Parking Institute (PI) instructor specializing in employee training and development, he will play a key role in the planning, evaluation and analysis of the operations. With a background in the parking industry that extends over 20 years, including 11 years in the public sector, Roamy previously seived as the Miami Parking Authority's Deputy Executive Director, supervising all on-street and off-street operations, planning and development directives, as well as the Customer Service Department. He also spent a period of two (2) years working as the Associate Director of ProfessionaI Development for the IPI, where he handled the training and developinent for the association on a nationwide initiative, as well as the Technical Deparbnent. Janice Puig, Regional Manager Ms. Puig, based out of the Miami office, has over ten (10) years of parking experience with Standard Parking and helped to develop Miami's portfolio into the successful city it is. Janice is actively involved and responsible for the current meter collections contract for the City of Miami Beach and was part of the team that managed the City's Labor agreement for over eight (8) years fiom 2000-2008. Her oversight of over 250 employees, nine (9) public parking facilities and over 8,500 parking spaces earned her numerous commendations fiom the City's Parking Department. Janice will report directly to Roamy Valera in our Regional Miami office. Yessenia Cintron, Senior Manager Ms. Cintron joined Standard Parking in 2001 and has since assumed supervisory and management roles within the Miami region. Her experience in municipal operations extends to her current oversight of the City of Coral Gables parking attendant contract. She is responsible for the operational oversight, reporting and compliance and will report directly to Janice Puig. Jose Torres, Sr. Facility Manager Mr. Torres joined Standard Parking in 2008 and has handled the Miami region special events and operations, which has included Bayside Marketplace and Mary Brickel Village. Jose will be responsible for the day-to-day operations of the management and operations for the City of Miami Beach. His experience in special event parking and his ability to handle stafEmg levels have exceeded our clients' expectations. Jose will report to directly to Yessenia Cintron. Corporate Support: Brian P. Scoggins, CRPP, Mmaging Director, Munic@al Operafions As a Managing Director for the Company, Brian will direct the transition, training, and will provid~~onsistent oversight and consulting throughout the life of the contract. With more than 30 years of parking experience, including 25 years as the City of Orlando Parking Operations Manager, he is a Certified Administrator of Public Parking (CAPP) and has direct experience managing and directing all the activities for parking garage and surface lot operations, special event parking, studies and surveys, enforcement, violations processing and collection, accounting and every other aspect of parking systems. Brian selves on the advisory council for the International Parking Institute. MIAMIBEACH PARKING ATTENDANTS FOR THE CITY'S PARKING GARAGES Steve Wiwshauer - Executive Vice President Mr. Waxshauer has served as our executive vice president-operations since March 1998. Mr. Warshauer joined the company in 1982, initially serving as vice president and subsequently as senior vice president. Mr. Warshauer received his B.S. Degree from the University of Northern Colorado in 1976 with a major in Accounting. Jim Stevenson - Sr. Vice President Jim Stevenson is responsible for numerous properties in Tampa, Miami, Orlando, Atlanta, Memphis, Nashville, Cleveland, Columbus, Akron and Kansas City. He was previously responsible for facilities in Washington, D.C., Baltimore, Indianapolis, Columbus and Ft. Wayne. In his role as Sr. Vice President, Mr. Stevenson oversees all of the operational, financial and marketing functions of his properties. Prior to joining the company in 1995, Mr. Stevenson worked for Edison Parking for five (5) years. He is a member of the Building Owners & Managers Association (BOMA) and the Institute of Real Estate Management (IREM), and sits on the Board of the Historic Gateway Neighboring Council of Cleveland. Mr. Stevenson received his B.A. degree from Skidmore College and his M.B.A. from New York University. MIAMIBEACH PARKING ATTENDANTS FOR THE cITYYS PARKING GARAGES ! / 0. I Resumes I .7 I I ,-3 I ROAMU R. VALERA, CAPP i '\ I Vice President - SP Plus Munic@al Services I ' 1 EDUCATION Mr. Valera has a background in the parking industry that extends over 21 years, including 11 years as a public administrator. As Vice President of SP Plus Municipal Services, Mr. Valera is charged with all of Standard Parking's Municipal efforts and client relations on a national level. Prior to joining Standard Parking, Mr. Valera served as a Vice President of Timothy Haahs and Associates, where he supervised the fim's Florida operations, including project and financial management and business development. Mr. Valera also served as the Miarni Parking Authority's Deputy Executive Director. He supervised a11 on-street and off-street operations and planning and development directives. He managed policies and procedures for the Miami Parking Authority, and served as the Executive Director in his absence. Mr. Valera directed a comprehensive development program for the Miami Parking Authority, including managing capital construction projects. He was also responsible for all historical restoration projects. He served numerous management positions at the Agency through out his eleven-year (11) career at the parking authority. Barry University, Bachelor of Public Administration, ) Certified Administrator of Public Parking University of 117 Virginia/International Parking Institute He served as Vice-President and Regional Manager for Standard Parking 1 ' PRoFESSloNALAFFILIATloNS Corporation, in the State of Florida, overseeing over 80 locations and 300 employees, including the City of Miami Beach on-street and off-street programs, , 8 rnrernationai Parking Institute the City of Coral Gables, and the City of Orlando. Mr. Valera also spent a period Association of two (2) years working as the Associate Director of Professional Development Greater Miami Chamber Of Commerce for the International Parking Institute, where he handled the training and ' ( 'Oral Gab'es chamber Of commerce development for the association on a nationwide initiative, as well as the I / Switchboard of Miami I Technical Department. Mr. Valera is a Certified Administrator of Public Parking, a highly coveted certif~cation that is sponsored by the University of Virginia in Charlottesville and the International Parking Institute. W. Valera is a graduate of the Greater Miami Chamber of Comnerce Leadership Niami program, and has been involved in community-based programs ranging from child advocacy groups to elderly care facilities. His community focus has been children and youth programs, and Mr. Valera is a volullteer for the Switchboard of Miami, a non-profit organization that provides services to those in need. 9 Q MIAMIBEACH PARIUNG ATTENDANTS FOR THX CITY~S PARIUNG GARAGES Janice Puig Regional Manager Experienced Senior Manager fiom 2000 to 2008 overseeing the City of Miami Beach Contract. Oversaw the daily operations of nine (9) municipal parking facilities with over 6000 parking spaces and 68 surface lots with over 8,500 spaces across the City. Responsible for overseeing and coordinating the training of the cashiers, attendants and supervisors at each of the designate parking facilities, including holidays and during Special Events. Field expert in coordinating and executing schedules, training and guidelines for parking attendants during events held at the City of Miami Beach Convention Center, Fillmore Theater, and Lincoln Theater as well as high profile events such as the Car Show, Boat Show, Food and Wine Festival, Art Basel, etc. Strong and effective leader, who oversaw a project manager, over 30 supervisors, and up to 250 employees. Parking Facility Management . Areas of Strength & Expertise P&L Responsibility Strategic Planning & Initiatives Employee Relation Policy1 Procedure Development Time Management Contract Review/Recommendation Staff Oversight & Development Vendor Negotiation OSHA Compliance Recruiting/SMing Budgeting & Expense Reports A/P Processing PROFESSIONAL EXPERIENCE Standard Parking Inc., Miami F1 1998 to Present Regional Manager Fast-track career promotion through a series of increasingly responsible management positions leading large-scale parking operations in South Florida. During her tenure, she has overseen thirty- two (32) locations, which consist of Class A Office Buildings, Hotels, Retail/ Mix-used, Residential, Municipal Parking for the City of Coral Gables and City of Miami Beach On-Street Meter Collectioi~. Responsibilities in Operation Management: Oversees the development of operating plans and budgets of assigned locations. Monitors financial and operational results and is responsible for the effective operation of assigned locations and ensuring that all contractual provisions are being met. Approves expenditures. Audit compliance. Supervision of day- to-day activities of senior managers, facility managers, supervisors and attendants. Function as liaison between the building management1 owner and field and executive staff as necessary. MIAMIBEACH PARKING A~NDANTS FOR THE CITY'S SPARKING GARAGES Recruits the management team and establishes performance goals. * Monitor and review the perfonnance of direct reports. * Visiting all locations assigned on a regular basis. The personal visits are to ensure that proper operating procedures, corporate policies, and rules and regulations are followed. A thorough inspection is to be conducted at a minimum frequency of once per week with emphasis on cleanliness, appearance of attendants, revenue control and safety. Direct and decisive leadership qualifications with pa~ticular strengths in planning, performance improvement, quality improvement, and productivity gain. Experienced in the start-up and leadership of new operations and organizations. Miami- Dade Community College, Kendall Campus, Miami F1. Associate in Science, AS Degree 1997 &$! MIAMIBEACH PARKING ATTENDANTS FOR TIIE CITY'S PARKING GARAGES Yessenia Cintron Senior Manager Professional Standard Parking, Miami Florida August 2001 - Present Title: Senior Manager Responsible for the daily operation of approximately twenty-three locations within South Florida. Ensure that all existing accounts operate in accordance with the specific SOX operation plans. Works closely with the Regional Manager to expand our operations. Supervise day-today activities of all managers, supervisors and attendants as well as many other individuals as assigned by the Regional Vice President. Provide proper staff at all locations within her Portfolio. Direct responsibility for filling shift vacancies occurring during normal operating hours as a result of employee absences; personal administration of vacation requests. Supervise safe handling of cash and the timely deposit of cash for all locations. Ensure proper revenue trails are established for all transactions and that all locations are in compliarice with internal audit policies and procedures. This includes proper ticket receipts, proper completion of cashier shift reports, revenue entry into the billing system, control over monthly permits and validation stamps. Ensure the prompt completion of daily and monthly revenue control logs and reports. Function as a liaison between the building property management team and field and executive staff as required. Establish operating manuals for a11 accounts and updating existing operating manuals as needed. Supervise training of all employees; Uphold all company policies and procedures as stated in the employee handbook and human resource guide. Function as the Customer Service Coordinator (CSC) for the Region responsible for the implementation and monitoring of the customer service program and refresher training modules and certif~cates of completion. Personally visit all locations to ensure that proper operating procedures, corporate policies, rules and regulations are being followed. Inspect the facilities to ensure proper aesthetics, appearance, and safety and recommend necessary improvements to building property management. Resolve customer complaints and provide prompt referral of problems and complaints that cannot be immediately resolved by Regional Manager. Prepare and review client budgets, financial monthly statements and aged trial balances. Handle accounts payables for all locations within the portfolio; set-up contracts with vendors for all office equipment necessities. Pelform other functions and duties as required for the safe and sufficient operation of the accounts/locations by the Regional Manager. PARKING ATTENDANTS FOR THE CITY'S PARICING GARAGES Education Barry University, Miami Shores, August 1995-December 1997 Bachelors of Science Degree Major: Sports Medicine-Athletic Training Honors: President's Scholarship Recipient Cum Lade Graduate Dean's List Miami-Dade Community College - Kendall Campus, Miami, Florida August 1992-June 1995 Associates in Arts Degree-Pre-Physical Therapy Honors: Highest Honors Graduate Dean's List President's List Skills Extensive understanding and handling of FAPD parkindrevenue equipment, including APS (pay- on foot) and PIC, (Pay-in-lane) machines, Microsoft Word, Excel, Microsof€ Outlook, Internet Explorer, POSPER. FACTS, AS400, Fed-Ex 2.1, 12-Line Switchboard, Bilingual, PARIS, Strong analytical and interpersonal communication skills, Detailed oriented and extremely organized. Experience in managing class 'A' office building such as Datran Center One and Two, Miami Center and centers combining valet/retail/residential/ofice building such as Village of Mmick Park, which is currently under her direct management; Experience with valet operations at hotel and malls. Scored over 100% in major SOX compliance audits from Standard Parking and General Growth Properties (Village of Merrick Park owners) MIAMIBEACH PARKTNG A~NDANTS FOR TIE CITY'S PARKING GARAGES Jose L. Torres Senior Facility Manager BACKGROUND SUMMARY Experienced Project Manager with six years of progressive operational management in the Parking Industry; Innovative, hands-on, results-driven manager with excellent record of exceeding perfo~mance management goals with proven expertise in the areas of marketing, management and development of new business relationships. Career includes multiple leadership roles and a consistent record of accomplishing business objectives and increasing revenues. Technologically sawy leader with a reputation for strategic vision, effective leadership, and flawless execution aiding in improving corporate-community partnerships; career skills include the following: Parking Operational Skills Marketing & Strategic Planning Personnel Management Budget Preparation and P&L Analysis Skills Project Management Customer Relations Management Leadership Skills Employee Coaching and Development University of Tennessee Knoxville, TN - 1994 Bachelor of Science in Business Administration Concentration in Marketing Florida Metropolitan University Tampa, fl Graduate School of Management - 1996 Master of Business Administration Concentration in International Business STANDARD PARKI[NG, Miami, FL Ambiance in Parking Mar 2008 - Present Senior Facility Manager Senior Facility Manager - Responsible for managing four parking facilities in Miami - Mary Brickell Village, Brickell Bayview Centre, Camden Brickell and 999 Brickell. Portfolio includes class 'A' office buildings, condominiums and a shopping mall; ensure that all existing accounts operate in accordance to Standard Parking's auditing and policy guidelines; supervise the daily activities of all st& (over 55 employees) including supervisors, bookkeepers, attendants and maintenance porters; establish and maintain close working relations with the clients of the portfolio; ensure that proper revenue trails are establisli for all transactions. This is to include proper ticket control, control over monthly pelnits and validation stamps and the accurate maintenance of receipts, card lists and inventories. In addition to his duties mentioned above, his position is also PARICING ATTENDANTS FOR THE CITY'S PARKING GARAGES responsible for the training and coordination of all special events scheduled-in the Miami area within the Standard Parking Po~tfolio, such as Bayside Marketplace and Mary Brickell Village. & Bayside Marketplace: Administered over one hundred (100) major special events, which included Heat Games, concerts, New Year and 4th of July events and parked over 2 million vehicles in the two (2) years he was in charge. Gross Revenues exceeded over three million per year. All 1,200 parking spaces were fuIly maximized during events in order to capture all the revenue for General Growth Properties. 4- Mary Brickell Village (MBV): Manage this multi-use parking facility with 844 spaces, processing over 1,500 tickets daily; experience with a wide variety of customers and demographics. The addition of Publix Supermarkets as well as LA Fitness gym has made this parking facility and mall extremely popular. Gross sales are expecting to reach over two million (2M) this year. CENTRAL PARKING SYSTEM, Miami, FL May 2006 - Feb 2008 Operations Manager Responsible for overseeing the parking operations of over 25 facilities throughout the Miami- Dade area. Properties range from company lots, to class 'A' office buildings, hospitals and valet. Effectively and successfully managed a $20 million annual budget. Researched service needs and negotiated appropriate vendor contractual relationships. Hired, interviewed and trained a staff of 1001- professional and service level employees. Supervised all bookkeeping and accounting operations including payroll expenses, accounts payable and accounts receivables. STANDARD PARKING, Miami Beach, FL Ambiance in Parking Jan 2006 -May 2006 Senior Facility Manager Managed the daily parking operations for two 24 hour operation facilities with an annual budget in excess of $2 million. Interviewed, trained, motivated and supervised a staff of 30 employees to achieve maximum performance. Served as communications liaison for clients and executive management. Implemented and enforced policies and procedures that improved revenues by more than 15% from the previous year. LAMER PA3RKING SYSTEMS, Tampa and Miami Jul2004- Oct 2005 General Manager Responsible for business development (prospecting and marketing to new clients) to increase Lanier Parking Systems market share in the Central and South Florida regions. Responsible for the management and development of the Central and South Florida regions. Managed the accounting function to insure accuracy and receipt of all income. Human Resource administration, which includes recruitment, selection, training, coaching, counseling, problem resolution, performance management and terminations. Managed and monitor the overall operations to insure adherence to corporate guidelines and standards. Preparation of budgets for all locations in the region. Developed strategic business plans for Central and South Florida regions. Responsible for developing client relationships and business retention. @ MIAMIBEACH PARKlNG ATTENDANTS FOR TlIE ClTY'S PARKING GARAGES CENTRAL PARKING SYSTEM, AtI anta, GA Oct 2000 -June 2004 Area Manager Supervised the daily operations of fee parking facilities for CNN and Philips Arena: CNN Decks, Centeiznial Garage, and Bank of America Premium Deck; He was responsible for creating and following a $4.0 million budget operating budget. He also oversaw a department of over 50 employees including police officers. Major accomplishments added increasing revenue during his first year in charge by more than 25% in all three garages. Supervised cashiers with clients to ensure that complaints, disagreements or misunderstandings about rates or services are resolved appropriately. Responsible for designing business development plails for acquisition of new business in the Atlanta downtown area. Ensured that proper parking, security, cash control, and customer service procedures are being followed by all employees. Handled all personnel issues and paperwork for hiring, termination and training of suppol-t staff. Supervised special events at Philips Arena, The Georgia Dome and Georgia World Congress Center or functions as they relate to the parking facility in order to ensure that incoming customers are served efficiently and properly. Responsible for coordinating all parking arrangements for the Atlanta Hawks professional basketball team as well as the Atlanta Thrashers professional hockey team. Monitored maintenance of the facility to ensure that is clean and maintained according to CNN's policies and procedures. Trained fellow managers in Six Sigma process improvement efforts. Monitored office audits of daily cashier reports to ensure that proper sales totals are reported and recorded on time and to maintain security vigilance over possible employee theft andlor inefficiencies. Handled general accounting duties such as accounts payable, payroll, petty cash, and budgeting. PARKING ATI'ENDANTS FOR THE CITY'S PARKING GARAGES Brian P Scoggins, CAPP Managing Director of Municipal Operations, Standard Parking Professional Background: Mr. Brian Scoggh~s is the Managing Director of Municipal Parking Operations with Standard Parking. He is responsible for all municipal operations on a national level to evaluate operations, technologies and implement improvements. Also to ensure proper operating procedures, auditing and industry standards are followed. He has 33 years of experience with on street parking operations. He is an expert with all aspects of on street parking. He will be available during all phases of the contract to provide guidance and fu~al authority for the entire team and will allocate any time necessay during critical phases of the proposed contract. Current and Past Relevant Employment: Brian worked for the City of Orlando as Parking Operations Manager and retired in 2003 with over 25 years parking management experience. Brian managed all aspects of the municipal parking operations with direct oversight of parking meter management, parking enforcement, parking citation processing, parking facility management, special event operations and traffic control. Brian has been with Standard Parking Corporation since retiring from the City of Orlando. Education: Associate in Arts, Business & Accounting Valencia Community College Orlando, Florida Certifications: Brian is a Certified Administrator of Public Parking (CAPP) though PI and the University of Virginia. His lcuowledge will be instrumental in the City of Atlanta Parking Management transition along with operational planning and development. Brian is a member of the Florida Parking Association, MidSouth Parking Association, Texas Parking Association, Parking Association of Georgia, Carolinas Parking Association and serves on the advisory council of the International Parking Institute. Relevant Projects: City of Miami Beach Client Name: City of Miami Beach Project Name: Parking Management Services Project Description: On and off street meter collections and auditing of over 6,000 single space and 30 multi-space meters Role: Responsible for planning/development & oversight Relevant Projects: City of Fort Myers Client Name: City of Fort Myers Project Name: Parking Management Services - Project Description: Operation of entire parking system including enforcement, meter management, ticket processing, booting, garage operations, events, etc. Role: Responsible for transition, planningldevelopment & oversight. Relevant Projects: City of Pensacola Beach Client Name: City of Pensacola Beach Project Name: Parking Management Services @ MIAMIBEACH PARKING ATTENDANTS FOR THE CITY'S PARKING GARAGES Project Description: Parking Enforcement, multi-space meter management, single space meter management, collections Role: Responsible for transition, planning!developme~~t & oversight. Location: With offices in Orlando and Knoxville, Tennessee Brian will lead the operatioi~al transition, on going oversight along with planning and development. @ MIAMIBEACH PARWVG ATTENDANTS FOR T~IE CITY~S PARKING GARAGES Scope of Work SP Plus Municipal Services has based our price proposal on the guaranteed minimum number of hours annually as provided by the City: Attendant 1's: 64,000 - 80% Attendant ZI's: 16,000 - 20% Total: 80,000 - 100% A. RESPONSIBILITY OF SP PLUS MUNICIPAL SERVICES SP Plus Municipal Services will be responsible for the following: 1. Providing 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: 0 7th Street and Collins Avenue Garage - 17" Street Garage - 13~~ Street Garage - 42nd Street Garage - 12' Street and Drexel Garage - City Hall Garage - 5'h and Alton Garage Pennsylvania Avenue Garage - Preferred Parking Surface Lot (Convention Center Lot) - Anchor ~ara~e- 1 6th Street and Collins Avenue - Multiple municipal surface parking lots, including during special Events andtor seasonally. 2. SP Plus Municipal Service attendants will: A. Collect parking fees, validate tickets, and pel-form related duties. B. Provide financial and ticket reports at the conclusion of each shift. C. Submit all monies representative of the sWs activity to the shiftlfacility Attendant 11, and assist in the recording and deposit of the daily shift cash receipts. D. Maintain a clean work area, including the adjacent booth area and access control equipment. Each shift shall be responsible for the cleanliness of the fee computer and its appropriate use. E. Provide directions and general information to the public. F. Maintain a neat and well-groomed appearance at all times. MIAMIBEACH PARKING ATTENDANTS FOR TIXE CITY'S PARKING GARAGES G. Maintain a friendly, courteous and service-oriented attitude at all times. H. Consistently demonstrate the ability to communicate effectively in the English language with the general public, supervisors, and City management. I. Be qualified to coinplete all required cash and ticket reports to ensure the accurate and complete recording of such reports. Demonstrate ability to add, subtract, multiply, and divide in a consistent and accurate manner. J. Be familiar with City parking policies pertinent to: - Monthly Parking Program - City Decals and Permit Parkers - Special Event Parking $ark - Hotel Hang-Tag Progrsun; and - Any other programs implemented by the City L. Be familiar with the location, hours of operation, and rates of all City parking facilities. M. Trained in operating the City's gated parking revenue control equipment. N. Perform all other related duties as assigned by the City. 3. SP Plus Municipal Services will provide and require its employees to wear a uniform: A. Sport/polo shirt, dark pants, shorts or skirt. B. SP Plus Municipal Services employees will be issued an official City of Miami Beach photo identification, which shall be required to be worn daily as part of the employee's official uniform. C. SP Plus Municipal Services will include its name on the badge. D. SP Plus Municipal Services acknowledges that the City reserves the right of final approval of die uniform selected by SP Plus Municipal Services. 4. SP Plus Municipal Services will provide one (1) trained Attendant 11 per location, as requested on each shift. The responsibilities of the Atteiidant I1 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 II to replace the Attendant I immediately. The Attendant 11 shall issue a bank for each Attendant I, whose duties are to casX@r per shift. B. Scheduling of shift locations and replacements of daily and weekly schedules; scheduling for vacations and emergencies. C. The Attendant II will also serve as the City contact for any problems or questions during each shift. MIAMIBEACH PARKING ATTENDANTS FOR THE CITY'S PARKING GARAGES D. Provide required assistance to parking attendants during shift close out procedures. Prepare all deposits for shift cash receipts. E. Perform the duties of a Parking Attendant I, when necessary. F. Perform other related duties as requested by City staff. 5. SP Plus Municipal Services shall use its best efforts to transition those qualified employees of the existing service provider who choose to migrate. 6. All of SP Plus Municipal Services employees will report any facility maintenance issues, including but not limited to grSti, light bulb replacements, re-striping, signage, etc. that need to be addressed. 7. SP Plus Municipal Services shall schedule monthly performance meetings with City management to review performance issues. 8. SP Plus Municipal Services shall notify the City of a 24 hour contact via telephone andfor pager. A minimum of two (2) contact names must remain on file with the City at all times. 9. SP Plus Municipal Services shall respond to any complaint received &om the general public or the City Administration, in writing, within 24 hours of receipt of the complaint. 10. All training is the sole responsibility of SP Plus Municipal Services. SP Plus Municipal Services will provide written rules of conduct for its personnel, which must be approved by the City's Parking Director. 11. SP Plus Municipal Services will provide a Facilities Operation Manual to each employee and .a permanent manual containing the SP Plus Municipal Services operating procedures, which shall be stored in each cashier booth and central facility office. 12. All of SP Plus Municipal Services employees shall be bonded and insured. 13. Smoking, eating, andlor mobile phone use on the job or in a parking facility will be strictly prohibited. 14. SP Plus Municipal Services will supply a $100.00 bank for each shift at each facility. The $100.00 bank shall consist of sufficient variety of currency andlor coins to properly provide change. The City reserves the right to alter the composition of the $100 bank. 15. SP Plus Municipal Services 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, which each require $5,000.00), balancing all transactions at all pay- on-foot stations at applicable facilities, and performing all other related duties pertaining to pay- on-foot stations as assigned by the City. SP Plus Municipal Services will have sufficient cash on hand to ensure that at no time any pay-on-foot station is depleted of change (smaller bill denominations). SP Plus Municipal Services shall use its 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. 16. SP Plus Municipal Servivces shall maintain a trained and courteous work force. 17. SP Plus Municipal Services shall ensure that each cashier booth and facility office is equipped with the following: A. City of Miami Beach' Parking Guide B. Chamber of Commerce Visitor Guide C. Any other materials provided by the City 18. SP Plus Municipal Services shall be responsible for any cash shortages or missing tickets. Missing tickets shall be calculated at the maximum daily parking rate. A11 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. 19. SP Plus Municipal Services shall provide continuous and on-going procedural and equipment training to its employees. SP Plus Municipal Services 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's parking facilities. Under no circumstances is SP Plus Municipal Services to train employees at the City's parking facilities and relocate the employee to another contract or client for any period of time without the prior written consent of the City. 20. SP Plus Municipal Services shall provide two (2) vehicles, (in such number as reasonably determined by the City) for its employees to ensure the effective and efficient transport of attendants to assigned locations through out all shifts. During special events, more vehicles may be needed. The City may require SP Plus Municipal Services to rent additional vehicles. These costs will be passes to the City. 21. SP Plus Municipal Services shall perform a background check, in such manner as approved by the City, on all of its employees, as part of its 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. SP Plus Municipal Services may also be required to conduct other screening and/or investigative measures at the request of the City. The City has the right to refuse any personnel supplied by the firm. Any person employed by SP Plus Municipal Services whom the Parking Director, in sole and reasonable discretion may deem temporarily or pe~manently in competent or unfit to perform the work, sl~all be removed promptly from the job and such person shall not again be placed with the City. 22. SP Plus Municipal Services shall include its audit and internal controls including, but not limited to, the following: code of conduct and a confirmation process, hiring and promoting of employees, continuous training, fair and balanced discipline, implementation and monitoring of internal controls, have a strong and independent audit commitfee, and hiring effective internal auditors. The City reserves the right to require SP Plus Municipal Services to conduct investigative measures, including audits and/or surveillance to ensure the integrity of the system and their employees. 25. SP Plus Municipal Services will be responsible for any and all over time payroll expense incurred by SP Plus Municipal Services unless this overtime is caused by the failure of the City to PARKING ATTENDANTS FOR THE CITY'S PARKING GARAGES notify SP Plus Municipal Services of any special events and their specific parking requirements at least one week (seven calendar days) prior to the commencement date of the event. B. MOST FAVORED CUSTOMER SP Plus Municipal Services shall warrant and represent to the City that the prices, warranties, benefits and terms set for thin the resulting contract negotiated between SP Plus Municipal Services and the City shall be at least equal to (or more favorable to) the City than the prices, warranties, benefits and terms now charged or offered by the fm, or that may be charged or offered during the term of the City contract for the same or substantially similar services as defmed in the contract. If at a time during the Term of the City contract, SP Plus Municipal Services enters into another agreement on a basis that provides prices, warranties, benefits and terms more favorable than those provided the City here under, then SP Plus Municipal Services shaII, within thirty (30) calendar days there after, notify the City of such fact and, regardless of whether such notice is sent by SP Plus Municipal Services or received by SP Plus Municipal Services or received by the City, the City 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 wliich event such amendment shall be deemed null and void. C. PERFORMANCE STANDARDS SP Plus Municipal Service employees will be in full uniform complete with 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 unifonnlname-tag. 2. Customer ServicelConduct: SP Plus Municipal Services employees must cornpol-t 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. AU employees shall further refi-ain 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 (1) hour of said request. MIAMIBEACH PARKING ATTENDANTS FOR TILE CITY'S PARKZNG GARAGES Proposer's Corporate Responsibility Standard Parking's Commitment to the Communities We Serve Our commitment extends beyond parking management and operations. In addition to Standard Parking being 110% committed to the City of Miami Beacl~, we are also (and always have been) committed to being a responsible corporate citizen in communities we serve. By way of example, on December 20,20 10 Standard Parking and UNIDAD of Miami Beach celebrated their 12'' year of providing toys to the underprivileged youth and elderly in Miami Beach. Although eveiy year it is rewarding, this past year, we were proud to distribute holiday gifts to over 450 children and 400 elderly during this troubled economy. PARKING ATTENDANTS FOR TkIE CITY'S PARKING GARAGES For the past three (3) years, Standard Parking and has provided Halloween costumes to underprivileged children in the community. In 2008, our donations were directed to the Children's Home Society. As you can see below, tlle real stars of the program were the children themselves who were able to trick or treat with costumes in 2008. In addition to the examples above, we are proud that the South Florida Standard Parking Team has been active participants in donating time or funds to many other wonderful organizations like the American Cancer Society, Habitat for Humanity, Humane Society, Boy Scouts of America, South Florida Urban Ministries, Beaux Art, and Lighthouse for the Blind (to name a few). Commendations and Awards Over the years, Standard Parking has been honored by the International Parking Institute with nine (9) awards for excellence in parking design, program innovation and facility restoration, including an Award of Merit for a parking facility with less than 800 spaces. Standard Parking has also received BOMA Associate Member of the Year Awards (2002 and 2004), the St. Paul Business Journal Corporate Citizensl~ip Award (2005), an Excellence in Customer Sei-vice award fi-om the City of New Orleans (2007), Certificate of Achievement fiom the City of Miami Beach (2007) and the "Empower the Green Enterprise" award from Oracle Corporation (2008). Professional Organizations We strongly believe in multi-faceted benefits of professional organizations. Standard Parking is active in most State parking associations throughout the United States. Below you will find a samp"4ng of the associations that Standard Parking has been active over the years. Standard Parking has been an active member of the Florida Parking Association through Board participation, committee participation, and sponsorship of the ad conference for the past nine years. In addition to having general members of the International Parking Institute, Michael Swa-tz of Standard Parking, sits on the Board of Directors and Brian Scoggins is on the Board of MIAMIBEACH PARKING ATTENDANTS FOR THX CITY~S PARKING GARAGES Advisors. Standard Parking also participates in local associations as an active member of the Coral Gables Chamber of Commerce, BOMA - Miami Dade, and CREW. sevElarp/r1FMUy ~eniro~. Mnrdm March 9,2011 P~MN~MCEO Ulism M. Lwz Mr. Roamy R. Valera, CAPP AbroLsm Abnmm.kh RimimAntclo Vice President, Municipal Services Jml* En& Rudy B!mmmc Standard Pariring ~ubkc~m 901 S. Miami Avenue Suite 303 Larm Farm &uiatiaRYu,,Z Miami, FL 33130 NayTaronl Dear Mr. Valera: DiamandQrdc BlueCmra Blw Sl!ieldFlmida CcnrnmcBmk OElleml MOtms Uniad Hc&h Qre cqomta~nrtnra' =ygg;y&g= Credit Union Plmida Paw& Li&l GAL Pmpmn siw4.l IPMOrpl- uble klrn~rnatt Board of Tlwfecs AFUC Ad Bml MiwlBucb AT&T ATBT i\lobiUly rn+a mi Am Advisa% LLC B*nliAUrnC BankQTAmaica BmWoiDcd As kesident/CEO of the South Florida Hispanic Chamber of Commerce, it gives me great pleasure to write this letter of support for Standard Parking We have worked withstandard Parking for many years and appreciate the involvement and support that the company has given to the South Florida Hispanic Chamber of Commerce. Standard Parking is a company that has the reputation of community involvement, something extremely important and that not all organizations do. We commend Standard Parking for thelr community work! MIAMIBEACH . PARKING AT~ENDANTS FOR TIXE CITY'S PARKING GARAGES Green Initiative = 107:000 k. of -&an &ode , = Tl-Ag 14 i!m of - 434 lbr* or",.olfm LoIciL - Sating 97550 ,pIlo11~ of @ . = 175 1bz df nitroa oxide5 . Ta4in~ IQ a hm the mi Pmi1ing he p~-M-h sbtkdia to &e thd of fuhm m'ue cod tramlab imo diimah?~? -&- 0.x4fi~d11~: Ti a&nc eurc,hs'gmk ~kacpIIm~tc, .iimomio~ mdmf~~. @ MIAMIBEACH PARKING ATTENDANTS FOR CITY~S PARKING GARAGES Attendant Staffing and Services Our cash and revenue control procedures accurately identify actual daily transactions and sales and also protect and safeguard parking revenues. These procedures are summarized in the following paragraphs. Revenue Collection Cash Bank: A cash bank is issued to each cashier at the start of the shift. The cashier initials the bank inspection log, indicating receipt of the cash bank. At various times during the shift, the supervisor deposits all cash in excess of $200 into a drop safe. The supervisor places the excess cash in an envelope, notes on the envelope the amount of cash enclosed, seals and initials the envelope, and drops the envelope into the drop safe. At the end of the shift, the total revenue collected is recorded on the cashier report form. Bank Deposits: The Attendant II collects all of the transient cash each day by retrieving the cashiers' drop envelopes from the safes in the cashier booths. Cashier Report: Each cashier prepares a daily repoit for each shift and each day of the week. This report contains the following info~mation: beginning and ending ticket numbers; total tickets collected in each rate category (with dollar extensions reflecting the total dollars represented by those tickets); all non-cash tickets; lane number; revenue collection date; cashier's name; shift revenue (as reported by the cashier); deposit amount (as counted and recorded by the cashier); and overlshort amounts. SHIFTAND REVENUE REPORT~G GULZELIIVES Listed below are general guidelines to follow when reporting revenue for each shift. Locations will use the City approved shift reports. Each attendant will submit a Cashier Shift Report at the end of hidher shift. Verify start bank. Attendants should sign their Cashier Shift Report in order to document that they have verified the start bank. For all attended facilities, attendants should drop excess cash receipts into a safe. The excess threshoid amount will be determined by the City. Cash dropsldeposits will be made per the City's policies and procedures Cash drawers should be emptied and lefi open when the booth is unattended; Whenever possible, attendants should lock the booth doors for security reasons. m. MIAMIBEACH Below is a list of the type of transactions or revenue control elements that should to be audited and reconciled frequently (preferably on a daily basis): Cleared transactions Non-Revenue tickets Mutilated (Void) tickets Manually swiped credit card transactions Lost tickets Full and Partial Coupon tickets Full and Partial Validations-to-be-Billed Tickets V.I.P. Cards Overringslundenings Travelers' Checks Sequential flow of non-resettable meters, tickets and credit card batches Ticket re-computation test The following logs should be maintained daily: OverIShort Cash Log Overringlvnderring Log Balance due Log Ticket loading Log as needed License plate Inventory Manager's Log @ MIAMIBEACH PARKING AT~ENDANTS FOR THE CITY'S PARI~G GARAGES Special Events Periods of peak demand and special events represent an opportunity to generate large amounts of auxiliary revenue very quickly. We will be prepared to mp up stflmg to provide a smooth flow of trait and maximize the opportunity. Meeting the demands of a special event begins with planning. Generally, special events come in two types: those which are one time events and those that occur with regular frequency. One time events don't follow a fixed schedule while recurring events follow a predictable and known schedule. While reoccurring events can be predicted with a fair degree of certainty, it is critical to be in communication with the coordinator of the event for any one time events. Oncd the event information is known, staffing, supplies, signage and other needs can be determined. Typically, the following roles will be involved in the staffing of special events: Management - A member of management will be on site during the ingress and egress of special events. We believe that on site management allows us the greatest opportunity to have a successful event which includes delivering high levels of customer service. Pre-Collect Cashiers - We will utilize cashiers to collect parking fees upon entry. They should be located within the parking facility or lot to create a queuing area, thus allowing staff to service several vehicles at once and to move tr&ic off of the streets. Traffic Directors - During events we the use of a flagging position to assist in attracting customers to the facility/lot and to help direct them within. Cashiers can accomplish this task when they are not actively engaged with a customer. Revenue Control Revenue Control is critical to the overall success of any special event. Because there is a signifcant amount of cash being collected in a limited amount of time, management is responsible for being very visible and conducting spot audits to ward against the following: & Re-selling tickets - 'Cashiers will only issue one part of the three part tickets to the customer and sell the same ticket twice and pocket the additional revenue. & Overmnder charging customers - Friends get one rate and the public another to make up the difference. 4 "Dealing from the bottom" - Cashiers will sometimes use tickets from the bottom or middle of their stack in the hopes that an audit will not be performed and that those tickets will not be accounted for in the final total that they are required to return. Event Travel Demand Manapement (Service is available for an additional cost during maior events) (P MlAMlBEACH PAR~G ATTENDANTS FOR THE CITY'S PARICING GARAGES We recognize that effective planning for any event requires demand management that will encompass the entire parking and transportation experience of all user groups. We stand by to work with the City to incorporate our state of the art permitting, routing, and reservation system. This tool can lead to improved traffic flows, reduced congestion, and increased parking revenues while decreasing operational costs. Direction and implementation of this program will be overseen by a vetera1 of these services: Mike Witte, Vice President Event Operations Mike is responsible for transportation planning, development and operational implementation of major transport programs and annually oversees events such as the Super Bowl. His experience also includes work with International and National Law Enforcement Agencies in developing comprehensive and efficient transportation & security access plans at five Olympic Games (2010 Vancouver, 2006 Torino, 2004 Athens, 2002 Salt Lake and the 1996 Atlanta Summer Olympics). Mike has communicated and presented complex transportation and security access plans to various departments, committees and communities nationally and internationally during his 12 year career. He is a graduate of Castleton College and has served eight years in the U.S. Amy. Through initial planning we will address and record all trai~sportation information that should be considered to ensure your events mls efficiently. This planning includes: WqJinding Signage Planning/Placement li.@c Management Plan Parking Management Maintenance of Traflc Device Plan Permit Management Vehicle Screening StafJing Management Management ofAccess Control Points Communications Further, while others claim to operate a full systems plan the truth is, they only service part of a complete systems plan. We develop a Systems Operations Plan for each transport constituent group which includes the following components Systenzs Design System Operation Stafing Plans Systenw Management Schedules Dispatch Plans .- - Communications Plan Equipment Procurement Public Agency Integration Fleet Management Driver Training Programs Maintenance Facilities Signage Plan By implementing this system, we can provide you with the most comprehensive plan for managing your event's parking and transportation needs. It's-only through our developmental methodology and implementation of our plan that you can receiGe tile high-end of service that we provide regardless of the size or budget of your event. JJI addition to many regular clients, we have managed scores of complex events both domestically and internationally through our Gameday subsidiary. Following is a representative list: Q MIAMIBEACH PARKING ATTENDANTS FOR TllE CITY'S PARKING GARAGES 20 1 1 Super Bowl XLV 20 10 World Equestrian Games 20 10 Vancouver Winter Paralympics Games 20 10 Vancouver Winter Olympic Games 20 10 Super Bowl XLIV 2009 Super Bowl XLm 2009 NCAA Men's Final Four 2009 Daytona 500 2009 Carfax 400 2008 World Market Center 2008 Super Bowl XLII 2008 NCAA Women's Final Four 2008 Michigan International Speedway 2008 Daytona 500 2007 to Present - NY Jets and NY Giants 2007 Michigan International Speedway 2007 Super Bowl XLI 2007 Men's Gold Cup 2007 Daytona 500 2007 Cricket World Cup 2006 Winter Olympic Games Consultant 2006 University of Phoenix Stadium 2006 Super Bowl XL 2006 Michigan International Speedway 2006 Daytona 500 2005 Super Bowl XXXIX 2005 Presidential Inauguration 2005 Michigan International Speedway 2005 Major League Baseball All Star Game 2005 Daytona 500 - Daytona, FL 2004 World War I1 Memorial Dedication 2004 Super Bowl XXXVm 2004 Summer Paralympic Games 2004 Summer Olympic Games Consultant 2004 Michigan International Speedway 2004 G8 Summit Click & Park In addition to the already stated special event staffing operations inethods and capabilities, team alone can offer Click & Park, our proprietary service to 1$1...11 1. 1141 sell and reserve event parking online. .a. 111, Once purchased, patsoils print out a ticket with a unique barcode that they can use to access the parking facility. The printout will also include an individualized inap to the facility as well as adveitising if so desired. The system knows the capacity of each road leading to the event and routes each individual patson accordingly - this drastically reduces the clogging of surrounding streets and makes the whole experience a more pleasant one. The system has been used by the NCAA, MLB, NFL and Olympics just to name a few. We will work with you to establish and market the system aggressively. PARKING ATTENDANTS FOR THE CITY'S PARKING GARAGES Transition Plan SP plusa3 Municipal Services has developed a comprehensive phased plan for transitioning parking operations. During each pllase of the transition, we will use a team approach that is carefully coordinated and administered by Senior Management. Each transition team member will be assigned specific responsibilities within his or her area of expertise. Throughout the transition process, we will maintain open Iines of communication with the City staff to measure progress on an ongoing basis. Our goal is to maintain operations while minimizing disruptions. We take a very detailed approach to ensure continuity, service levels are maintained and revenues are collected and properly accounted for. The transition process starts with pre-transition, which is already underway, right up through actual implementation. We are anticipating process as follows: Pre-Transition Use existing operations, which consist of 213 local employees ready for deployment; management and inh.str-ucture to observe and become involved in activities and existing conditions. Allocate resources for our Municipal Team to conduct site visits and perform initial due diligence. Post award-Transition Upon receiving notice of award we propose to utilize our municipal team in partnership with the City to perfoim a comprehensive evaluation of operations, personnel and processes. Our proposed transition is as follows: Meet'with representatives froin key City staff members to identify priorities, critical issues, immediate needs and future plans. This will be crucial to identify needs and supplies within the first 6 months to ensure there is no lapse or delay. Complete initial evaluation of operations. Engage in respectful discussions with current operator to ensure continuity of operations and services and to offer assistance for smooth transition. Begin discussions wit11 all existing employees to introduce who we are, create a dialogue of trust, ease tensions and discuss recruitment. Make final decision and hire project manager with City's approval. Begin initial recruitment efforts and set expectations. Determine initial needs for supplies, equipment, etc. - @ MIAMIBEACH PARKING ATTENDANTS FOR THE CITY'S PARKING GARAGES Continue processes from Phase I. Implement comprehensive recruitment process &om Phase I - initial training and expectations are communicated - ongoing process. = Continue system evaluations and needs - ongoing process. Weekly communications with the City stafflrepresentatives. Inventory and order supplies, parts, office equipment, etc. Determine what office equipment is needed and place order. Training propn initiated. Set up office, establish e-mail addresses, and obtain cell phones. All potential employees are identified and processed. Comprehensive training sessions conducted - on going process. Development~revision of SOP manuals. = Establish phone lines, DSL connections, etc. Continue all tasks begun in Phase I and Pl~ase II. Maintain communications. Final needs assessment between City stat37 representatives, SP plus@ Municipal Services and current operator. Finalize training for all employees. All new employees will job shadow next to existing employees. All unifo~ms received and distributed. Final inventory for all supplies, equipment and processes. Final meeting with transition team and City ofticials. Contract begins. Planning is the key to successful implementation of any large complex project. Our experienced staff and management team will work closely with the City in the plaaning phase to ensure that the groundwork is laid for a successful, one-time implementation and a well-designed overall system that will exceed your expectations. Over the years we have developed an implementation methodology that has proven extremely successful. The key aspects of this process include: Assignment of an experienced task oriented Project Manager to oversee the process £rom - the first pre-implementation meetings to the actual implementation and the post implementation operations phase. A well-defined and documented process that allows the City and SP plus@ Municipal Services, the existing contractor and all stakeholders to monitor the progress of the project and measure key milestones. @ MIAMIBEACH PARKING ATTENDANTS FOR THE CITY'S PARKING GARAGES = Preparation and execution of a comprehensive test of operations prior to final transition to ensure that all processes, functions and equipment are working as designed and that the system works as expected. Utilization of timelines and checklists to assign and verify completion of specific tasks. The final phase of transition entails our ongoing commitment to excellence in the operation of the parking system. We will ensure this high standard of performance through frequent field appraisals performed by our Senior Management staff. SP plus@ Municipal Services has the most comprehensive corporate and management support structure in the industry. As with all phases of the transition plan, we will communicate frequently with staff on pertinent issues and provide progress reports. MIAMIBEACH Recruitment and Hiring SP plus@' Municipal Services is committed to hiring the most qualified applicants for all positions, providing the residents of Miami Beach priority status. Pursuant to Company policy, all employees of the current operator that meets SP Plus standards and qualifications will be af3ordecl the opportunity to work for us. We value their experience. We value their expertise. We value their commitment and loyalty to the City. Our programs and plans are designed to attract and retain the very best people available. We recognize that each position needs to be filled by an individual who has high integrity, a good work ethic, a sei-vice orientation and is safety conscious. Because we know that satisfied employees provide the best customer service, our wage and benefits packages are highly competitive and attractive. We recognize the need to recruit effectively and have developed position-specific, structured interviews to ensure that both technical competencies and the behaviors needed for employees to succeed are being evaluated. Most importantly, because we understand that the City has unique requirements for defining and implementing operational excellence, we will consult with you to ensure that all operational expectations and specific needs are identified and addressed in the development of our recruitment process. Potential Enployee Identz~cation ' We utilize a number of different recruitment sources to post positions and invite applications and resumes including the following: o Partner with UNIDAD/Miami Beach Hispanic Community Ctr. o Internal Job Postiug Program o Major Internet Job Boards o On-line Career Centers o Cornmuunity Organizations o Participation in Indust~y Associations and Organizations Once identified and giving qualified Miami Beach residents priority, candidates are directed to our on-line application process which allows fkontline applicants to apply 2417 fkom anywhere with internet access (or through our toll-free job hotline), and our managers to quickly id en ti^ and pre-screen potential candidates. This structured program greatly enhances the quality of hiring decisions and colnpliance with employment regulations. Postings for management and administrative positions can also be found on our online career center. This is an effectJve tool in helping us brand ourselves as an "employer of choice" by enabling us to share key iufoimation that we feel is relevant to my prospective employee, such as potential career paths, benefits, training opportunities, and our commitment to diversity, among other things. Effective einploymeilt branding also helps us attract the caliber of candidates we are seeking for this contract. At the fkont-end of the process, we often use a professional telephone interviewing service to pre- screen candidates before they are invited in for formal interviews. Hiring managers are trained in how to narrow down the potential pool of applicants to qualified individuals, and how to !$ MIAMIBEACH PARI~G ATT~ANTS FOR ~rn CITY'S PARKING GARAGES thoroughly check employment and personal references. Our pre-screening techniques have been shown to significantly reduce potential violence, theft, financial loss, sexual harassment and other workplace problems. We have found our approach and process for sourcing, interviewing, evaluating and testing candidates for employment has reduced turnover rates and staffed our operations with a quality team of professionals. Retaining Existing EmpZoyees In those cases where we assume management responsibility of an existing operation, as will be the case here at the City, we always interview existing personnel in an attempt to retain those qualified employees who have a successful operating history. Our experience has been that replacing existing staff members, who often are quite knowledgeable about existing conditions, merely for the sake of change often is unnecessary and, in fact, counterproductive since their retention usually enhances and facilitates a smooth transition. Thus, our preference is to retain qualified staff members when possible, and to focus instead on teaching them new techniques as necesszlly in the context of our performance standards and expectations. Our hiring and pre-screening process helps us retain qualified employees for the long-term, which, in addition to reducing turnover costs, allows established personal relationships to be maintained. Equal Employment Opportuni@ As an organization, we are committed to providing equal economic opportunity to all through employment in our offices and at the locations we serve. We have adopted a policy of equal employment for all workers, regardless of sex, color, age, race or creed and strive to ensure and maintain a working environment free of harassment, intimidation, and coercion. In addition to our compliance with all applicable federal and state laws regarding equal employment opportunity, we often work with community groups to increase the accessibility of job opportunities to as diverse a group of applicants as possible. Through our Community =ing Program, we work with city-funded job agencies which offer community residents employment services such as skill assessment, career planning, job placement, and job resource information. All our job openings are posted with numerous agencies, and these agencies notify us immediately of any qualified candidates they may have, who then participate in our traditional interviewing and hiring process. We also work with UNIDADtMiami Beach to hire young men and women looking for a summer job or who might be interested in a career in the retaillseivice indushy (on a national level, we work with the nationally recognized READY program that helps prepare young people for careers in retail). Through our comprehensive policies, we not only meet but go far beyond the established goals of our govelnmental clients, recognizing the potential impact of these programs on our continued success and on the growth and vitality of the communities in which we operate. Screening Requirements We will meet all federal, state, local, and regulatory requirements for the hiring and employment of each position to be assigned. Our employees are vetted through a comprehensive pre- employment screening program with an applicable background check specifically reflective of their job duties and responsibilities. These checks are conducted by Hire Right, an outside background service, and include (depending on the position) the foI1owing: 9 MIAMIBEACH PARKING ATTENDANTS FOR THE CITY" PARI~G GARAGES Motor vehicle record (for Supervisors when applicable) Social security number validation. Social security number trace. Criminal background (inchding applicable arrest record). Verification that the individual is able to work in the United States. Benefits and Wa~e Rates (in compliance with the City of Miami Beach Living Wage Ordinance) SP plus@ Municipal Services is committed to providing a total compensation and benefits package to its employees. It is an integral part of our larger mission to enhance operational excellence, a customer-centric culture and ongoing innovation and idea generation. We understaud that proper compensation and benefits motivate employees to perform at a very high level and minimizes turnover. In addition to competitive hourly wages, the compensation package includes the following offering: Medical Insurance Holiday Pay Dental Insurance Vacation Pay Health and Dependent Care Reimbursement Sick Pay Flexible Spending Accounts 401(k) Savings Plan Vision Plan La MIAMI BEACH PARKING ATTENDANTS FOR THE CITY'S PARKmG GARAGES Training Appropriate and relevant training is vita1 to the success of any successful parking operation, all the more so at the outset of a transition. We will work with you to ensure that our training programs are customized to convey and instill principals desired by the City. It is because we place such a tremendous importance on quality training that these programs will be led by industry leaders including designated International Parking Institute trainers. No other firms can deliver the quality of training or depth of expertise that we will bring to bear. SP plus@ Municipal Services is committed to a smooth and seamless start-up as we partner with you to transition from the current operator. Our goal is to maintain operations while minimizing disruptions. In addition to our internal training programs, we will work with you to ensure continuity and that service levels are maintained. Tracy Lendi, our Director of Training and Development will design the training program for each position working in tandem with our internal experts in municipal parking operations. Tracy Lendi, Director of Training and Development Starting with Standard Parking in 2006 Tracy serves as our Director of Training and Development. She will be responsible for overseeing the design and implementation of the numerous customized classroom and online training programs. Previously employed at Underwriters Laboratories, Tracy participated in the oversight, design and development of engineering training programs and the development of UL University. Tracy holds a Masters degree in Training and Development from Roosevelt University and is currently in the dissertation phase of her PhD in Instructional Design for Online Leaning at Capella University. Tracy was recognized by Training Magazine in 2008 as one of the Top Ten Young Trainers across the United States and was recently selected as a 20101201 1 Woman of the Year by the National Association of Professional Women. Our programs have been recognized by numerous industries and we have been the recipient of five national awards, including two Telly awards, and a national award for excellence by the National Association of Industrial Office Properties (NAIOP). No other company places as high a premium on customer service enhancement and its positive linkage to a professional, in-house training depastment. To supplement formal classroom training, we utilize the internet as a training resource thsough our in-l~ouse, web-based training systemqtandard ~niversip. From a secure website, specific content is made accessible to create a customized training plan for each ii~dividual employee. Each module of selected information contains corporate policies, instructions and exercises that blend learning ff~eoiy with practical, on-the-job applications. Our corporate training department downloads status information from the website to assist management in assessing the training progress of individual employees. MIAMIBEACH PARKING ATTENDANTS FOR TkE CITY'S PARKING GARAGES Below is a sampling of the type of training programs we have created and implemented in other accounts. We will work hand in hand to create a training program appropriate for the City. Some of these programs will not apply to this contract. We are happy to give a demonstration of this system and a tour of Standard universivm at your request. Training of new fi-ontline employees begins on the day of hire with an orientation session that, in addition to formally introducing the company, sets out the specific technical and customer service training programs the einployee will be required to attend. Orientation is promptly followed by technical skills training, which provides employees with the inentored, on-the-job learning experience needed to begin contributing to facility performance right fi-om the start. Attitude, Appearance and Conduct/EmpIovee and Public Relations Throughout our more than 80 years of operation, we have pursued an unwavering philosopl~y - provide excellent customer service! This goal permeates and drives our culture. It is our mission, and the root of our success. In fact we recently were awarded the Excellence in Customer Service award from the city of New Orleans in recognition of this dedication. Each component of our business plan, be it broad or narrow, highly visible or quietly supportive, is based upon placing qualified and trained personnel in positions, with appropriate resources and tools, to peifom clearly defuled and structured tasks, and deliver timely, courteous, efficient and memorable service. Our targeted Three Keys to Customer Satisfaction classroom-based training program is our first step to continually enhancing customer service skills. The reputation we have developed for outstanding customer seivice has been built on these formal training sessions that emphasize vehicle, facility and einployee appem-ance, conshuctive custo~er relations and positive resolution of customer inquiries and concerns. These sessions optimize learning through exercises that encourage interaction between participant and trainer. Key #.I-First Iiripressions: Facility and Employee Appenraizce. Employees learn the i~nportance-40th for themselves and the client--of maintaining a well-groomed appearance. As our classroom trainers point out, in just ten seconds a typical customer forms eleven distinct impressions about the Company and the service to be received. MIAMIBEACH PARKMG ATTENDANTS FOR TEE CITY'S PARKING GARAGES Key #2-Successful Customer Interactions. Never a minute goes by without attendants interacting in some way with customers. To make sure these interactions always proceed smoothly, trainers emphasize the importance of looking good, wdy greeting customers, communicating in a polite and professional manner, and saying good-bye with a sincere thank you. Key #3-Effectively Resolving Customer Issues. Some customers want information, some want solutions and some just want an ear to bend. Training helps frontline employees to identify the issue and the appropriate approach to take. In addition to Three Keys to Customer Satisfaction, employees are also required to attend formal refresher training sessions to ccbrush-up" on their customer service skills and receive further customer service training in the following modules: Making a Positive First Impression Properly Greeting Customers Comnzunication SMls Basics of Efective Communication Conflict Avoidance We value our customers, the residents, employees and visitors to the City of Miami Beach. Each individual is special and must be treated with respect, dignity, care and compassion. Hidher questions will be promptly answered, complaints/compliments wiI1 be timely addressed and resolved, and input will be taken seriously. All feedback will be viewed as constructive. With your permission, assessment of customer service will be provided through electronic surveys, online forums, and distribution of physical surveys. We will develop a mutually agreeable process for direct feedback and observation regarding the quality of our employees and the service we provide. Our management staff will review all customer surveys and provide prompt responses to any complaints or inquiries. Cashiering We recognize that every location has unique requirements for defming and carrying out operational excellence. To that end, we will consult with the City to ensure that all expectations and location-specific needs, including the City's parking policies and an understanding of the City of Miami Beach area, are identifed and addressed in the development of our training solutions. These sessions optimize learning through exercises that encourage interaction between participant and trainer. Following is an outline of the minimum training each cashier will go through: Introduction~Ovewiew/Policies "Three Keys to Customer Satisfaction" Advanced Customer Service Conflict Avoidance StPess Management Comnzmication Skills Lost and Found Procedures ADA Sensitivity Complaint Handling Conzpany/Client Orientation Employee Handbook and Manual $&! MIAMIBEACH PARKING ATTENDANTS FOR THE CITY'S PARKING GARAGES Sexaal Harassment Prevention Diversi ty/Sensitivity Dacg/Alcohol Policy Facilities Orientation and Tour Customer Service Z-aining Cashier Procedures: The Fundamentals of Being a Cashier d Standard Parking Module 1: Introduction Welconze to Standard Parking! Rules of the Road! Military Tinze Cashier Shzy Report Equipment Inspection and Maintenance Securing the Facility and Keeping it Sc#e Radio Conzmunications Closing a ShiJt ModuIe 2: Tickets (where npplicable) Various Types of Tickets Non-Revenue Tickets Void Tickets Validations coupons TIP Cards Monthly Permits or Hang Tags Lost Tickets Manual and Exception Tickets Validations Grace Period Modrsle 3: Revenue Operations (where applicable) Coin Box Operations (Honor Box Operations) Cash Transactions Exact Amount Change is Due ReJiazd is Due Pre-set Daily Rate Check Acceptance Personal Chech Traveler's Checb Third-party and Employee Checks Credit Card Acceptance Credit Card Transactions Manual Transactions Payrnent Card Indusw (PC4 Data Security Policy Credit Card ReJiazds Credit Card Revenue Reporting Q MIAMIBEACH PARKING ATTENDANTS FOR THE CITY'S PARKING GARAGES Fee Computer Shift Tape Currency vs. Counterfeit Bank Deposits Balance Due Transactions Balance Due Report Cash Overrings & Underrings Cleared Transactions Executing a Cleared Transaction Docunzenting a Cleared Transaction Module 4: Emergency Procedures Custonzer Damage Claims In Case of Enlergency Fire Prevention and Control First Aid Accident or Theft Intoxicated guest requests a vehicle: Conclusion Cashier Shift Report: An Automated Revenue Collection and Reporting Process Module 1: Standard Parking and Our Mission Role, Accountability and Professional Expectations We Need Your Help! Introduction Activity Module 2: Cashier Sltzp Report (where applicable) Objectives for this Module: Locating and Installing the CSR Program The CSR File Structure Create or Edit a Location Template Rate Detail in the Location Template Transient Cash and Credit Cards Rate Detail in the Location Template Editing the Revenue Catego~y on the Location Template Creating and Setting Up a New Cashier Shift Report Entering Data into the Cashier Shift Report The Tabs in the Cashier Sh$ Report Cashier Sh@ Report Program Maintenance Deleting Cashier Shift Reports In addition to Cashier Procedures and Cashier Shift Report, parking attendants and other personnel can receive further training in the following categories and modules: Operations Cash Over/Short Check & Credit Card Acceptance Clainzs Management PARKING ATIXNDANTS FOR THE CITY'S PARKING GARAGES Cleared Transactions Review Coupon & Hangtag Administrator Program Equipment Meters and Ingress/Egress Reporting Environmental Protection and Compliance Exception Tickets Honor Box Overview Internal Audit Overview Key Card Reconciliation Manual Ticket Review Mystery Shopper Program Organizing Your Work Station Overrings and Underrings Non-Harassment and Diversity Pay Station Revenue Reporting Rate Change Analysis Segregation of Duties Ticket to Tape Audit Valet and Hand Issued Tickets Validations to be Billed Program Personal Wellness Managing Personal Stress Recognizing and Avoiding Burnout Recognizing and Managing Anger Balancing Work and Family Safety Safety Overview Robbery Procedures OSHA 300 CPR Training and Certification Infomation on this page contains confidential or proprietary information. Please do not share with any person other than the representatives of the City of Miami Beach and those responsible for evaluating the responses to this RFP. Beyond tlzose stated, we offer many classes in the following cntegories to all employees (where applicable): Operations, Safety, Personal Wellness, Accounting and Finance, Business Development, Business Essentials, Communication, Customer Service, Employee Relations, Internal Systems, Management and Leadership, Project Management and Office Applications among others. on go in^ train in^ and Quality Assurance We will follow up initial training with Strive for Excellence, a compilation of more than 40 distinct employee motivation and rewards initiatives that reinforce the skills learned during the training process. Employees are also required to attend formal refresher training sessions to "brush-up" on their customer service skills. These sessions cover topics such as customer relations, creating first impressions and organizing workstations. The following are some MIAMIBEACH PARKING ATTENDANTS FOR THX CITY'S PARKING GARAGES examples of these reward and recognition programs (these programs are only samples and may not be applicable to the City): Frontline Jeopardy is a month-long game led by supervisors to encourage employee knowledge of operational and customer service policies and details. Employees who answer 12 questions correctly in a given month receive a prize, such as a gift certificate. Awesome Attendance rewards team efforts at being on the job every day for a month. Winning teams receive pizza parties and certificates of achievement. Beat the Clock helps reduce tardiness by rewarding employees who show up early for work each day. Looking Good gives every employee properly in full uniform for a week a playing card. At the end of the month, the employee with the best poker hand wins a gift certificate, altl~ough everyone gets a psize. A is for Accuracy recognizes employees who complete accurate daily reports. To ensure that training objectives are met at each location, the Company designates an operations manager or other administrative employee to be a Customer Service Coordinator for a group of locations. Working in pastnership with the training department, the Coordinator launches and implements new training programs, establishes the training system at new locations manages the Strive for Excellence Program and measures the results of these programs for continuous improvement. The Coordinator is responsible for aligning our standards with the specific needs and goals of the City. We fbrther augment our training program with a multi-faceted monitoring system designed to ensure satisfactoly on-the-job performance. Compliance reports are circulated and reviewed by all levels of our organization to ensure training standards are maintained. Training Conyliance: To guard against any new employees "slipping through the cracks," our corporate training department monitors compliance reports to verify that each new employee has participated in the appropriate training programs. In-ltouse Auditing: Our in-house auditing team, as well as our corporate training department, visit locations on an annual basis to evaluate employee performance in technical as well as customer seivice proficiency. Crrstonzized Training Initiatives: Unique situations at an operation often require more in-depth analyses to precisely dete~mhle specific training needs. Our processes allow personnel to document and discuss issues with a member of our training staff who will then customize a training progsam specific to the needs of the operation and its employees. This system not only provides customized training, it also provides insight into the needs of the Coinpany as a whole and focuses where we need to concentrate development effoi-ts. Secret Shopper Service: Our "Secret Shopper Serviceyy audits and evaluates parking facility attendants and enforcement staff. The shopper evaluates the ticketing procedure and tickets themselves, the staff in terms of appearance and customer seivice, and the cleanliness of the area. A report is generated and sent to management who then pull the ticket to ensuse proper ticketing Q MIAMIBEACH PARKING A~NDANTS FOR THE CIl'lr'S PARKING GARAGES procedures were followed and the transaction was accurate. Based on the aspects of the shopper's report, necessary actions will be taken (one par month per facility - 10 max) Customer Surveys: Customer surveys are routinely and randomly conducted (with permission and approval of the City) so that customers can provide direct feedback and observations regarding the quality of our employees. AnrzccnE Performaitce Review: We mandate annual review of employee's performance. These sessions are invaluable. Not only are employees' strengths and weaknesses discussed and addressed, but they serve as an excellent forum to discuss the service in general and potential ways of improvement. As previously discussed, Standard UniversiVM is the face of our learning management system which not only houses and tracks our training content and users, it also allows us to set up job specific curricula. This provides the employee a defintive learning path to not o~dy master his or her current position but to take the steps necessary to advance within the Company. Standard UniversigM is available to our employees 2417 so they are able to get the training they need, when they need it. The broad reporting features allow managers the ability to view the status of all completed training initiatives and respective evaluation scores as well as those courses that are currently in progress by the employee. RESOLUTIONS TO BE SUBMITTED R7 - Resolutions R7B A Resolution Approving The Substantive Terms Of An Agreement Between The City And Coca Cola For An Exclusive Non-Alcoholic Beverage Municipal Marketing Partnership For Vending And Dispensing In Certain City-Owned Properties, With Said Proposed Agreement Having An Initial Term Of Ten(l0) Years; Authorizing The City Manager And City Attorney's Office To Negotiate And Draft The Final Agreement, Based Upon The Approved Terms (As Further Referenced In The Term Sheet Attached As Exhibit "A To This Resolution); And Authorizing The Mayor And City Clerk To Execute The Final Agreement; Provided, However, That In The Event That The Final Negotiated Agreement Includes Any Term Or Terms Which Substantially Deviate From The Approved Substantive Terms (As Referenced In The Attached Term Sheet), Or Contain New And/or Additional Terms Which, In The City Manager And City Attorney's Opinion, Materially Alter The Proposed Transaction (As Referenced In The Approved Term Sheet), Then Requiring That The Final Negotiated Agreement To Be Brought To The City Commission For Its Consideration. (City Manager's Office) (Memorandum & Resolution to be Submitted in Supplemental) 1 Agenda Item R7B , Date S-//-I/ THIS PAGE INTENTIONALLY LEFT BLANK City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, ~.miamibeachfl.~ou OFFICE OF THE CITY CLERK, Robert Parcher, City Clerk Tel: (305) 673-741 1, Fax: (305) 673-7254 COMMISSION MEMORANDUM To: Mayor Maiti Herrera Bower and Members of the City Commission From: Jorge M. Gonzalez, City Manager Date: May 11,201 1 Subiect: 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 11 City Commission Committee 9 Page I Board of Adjustment 7 City Commission 1 page5 Community Development Advisory 14 Commissioner Deede Weithorn 1 Page 11 Committee Community Relations Board 17 Commissioner Michael G6ngora 1 Page 12 Debarment Committee 7 Mayor Matti Herrera Bower 1 Page 15 j Agenda Item RqA We are committed to providing excellent public service and safety to all who live, work and play in { Date 5-/1-1] 31 3 BOARD OR COMMITTEE: Design Review Board VACANCIES TOTAL MBRS. APPOINTED BY: 7 City Commission TOTAL VAC PAGE 1 Page 16 Fine Arts Board 14 Commissioner Ed Tobin 1 Page 19 Golf Advisory Committee 12 Mayor Matti Herrera Bower 1 Page 21 Hispanic Affairs Committee 7 Mayor,Matti Herrera Bower 1 Page 24 Miami Beach Commission For 2 1 Commissioner Jonah M. Wolfson 1 Page 29 Women Miami Beach Sister Cities Program 24 Mayor Matti Herrera Bower 5 Page 32 Single Family Residential Review 3 Jorge M. Gonzalez, City Manager 3 page 42 Panel Waterfront Protection Committee 10 Commissioner Ed Tobin 1 page47 Youth Center Advisory Board 10 Commissioner Ed Tobin Attached is breakdown by Commissioner or City Commission: City Commission Committees Ca~nmiiee IWt Nam Finance & Citywide Projects Committee Chairperson Commissioner Deede Weithorn Mayor Bower Vice-Chair Commissioner Jorge Exposito Mayor Bower Member Commissioner Jonah Wolfson Mayor Bower Alternate Commissioner Edward L. Tobin Mayor Bower Liaison Patricia Walker, Chief Financial Off. Land Use & Development Committee Chairperson Commissioner Jonah Wolfson Mayor Bower Vice-Chair Commissioner Michael Gongora Mayor Bower Member Commissioner Jorge Exposito Mayor Bower Alternate Commissioner Jerry Libbin Mayor Bower Liaison - Richard Lorber, Acting Planning Dir NeighborhoodslCommunity Affairs Committee Commissioner Jerry Libbin Mayor Bower Commissioner Edward L. Tobin Mayor Bower Member Commissioner Deede Weithorn Mayor Bower Alternate Commissioner Michael Gongora Mayor Bower Liaison Barbara Hawayek, Code Compliant Wednesday, May 04,201 1 Page 1 of I NON-CITY COMMISSION COMMITTEES Mayor Matti Herrera Bower m Citizen's Oversight Committee Greater Miami Convention and Visitors Bureau Tourist Development Council Hilda Fernandez, Asst. CM. Miami-Dade County Homeless Trust Board Mitchell Kaplan Performing Arts Center Trust (PACT) Commissioner Tobin Metropolitan Planning Organization Vacant Vacant Vacant Dade Cultural Alliance Commissioner Weithorn Miami Dade League of Cities 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: May 11, 201 1 SUBJECT: BOARD AND COMMITTEE APPOINTMENTS - CITY COMMISSION APPOINTMENTS ADMINISTRATION RECOMMENDATION Make appointments as indicated. BOARDS AND COMMITTEES 1. Affordable Housing Advisory Committee 2. Board of Adjustment 3. Design Review Board JMGI F:\CLER\$ALL\MARIA-M\B & C\Commission Memo B & C FOR 5-1 1-1 I .doc 31 7 Agenda Item I Date 541/-~/ Board and Committees Current Members Affordable Housing Advisory Committee Sec. 2-1 67 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 in connection 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 housing; 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) actively engaged as a not-for-profit provider of affordable housing (Housing Authority member); 7) actively engaged as a real estate professional in connection with affordable housing; 8) actively serving on the local planning agency pursuant to Florida Statute 5 163.3174 (Planning Board member); 9) who resides within the jurisdiction of the local governing body making the appointments; 10) who represents employers within the jurisdiction; 11) who represents essential services personnel as defined in the local housing assistance plan. Members of the Loan Review Committee, members of the Community Development Advisory Committee (CDAC), Planning Board and Miami Beach Housing Authority may be appointed to fill any of the eleven (11) categories and serve as ex-officio voting members on this committee. If due to conflict of interest by prospective appointees, or other reasonable factor, the City is unable to appoint a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without regard to affordable housing may be appointed. City Liaison: Richard Bowman Vacancy: To replace Stephanie Berman To replace Jonathan Fryd To replace Roberto DaTorre To replace Dr. Barry Ragone To replace Ada Llerandi To replace Brian Ehrlich To replace Lianne Pastoriza To replace Robert Saland To replace David Smith (3) Rep. Labor Home BI 12/31/2012 City Commission (8) Local Planning Boar 12/31/2012 City Commission (6) Not For Profit 12/31/2012 City Commission (10) Rep. Empl. withlju 12/31/2011 City Commission (4) Low-Income Advoc. 12/31/2011 City Commission (1) Res. Home Bldg. 12/31/2012 City Commission (1 1) Rep. Essential Serv 12/31/2011 City Commission (5) For Profit 12/31/2012 City Commission (2) BankingIMortgage 12/31/2012 City Commission Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: -- -- .- -- - - - -- *& z-JMIB .Ad %lm*<*-cre"wai?.%i/ .e-.T.w >< izca-<. .Vllt-*UT. -.la~*CO -- <.7zmxd/.-Um %3#a <Iazas.asr.l 'lrCn XO--'YX-<lb"UU -'- ~Ullls7~"1UI~A.Xrc<r~~t.~~7L~rl Thursday, April 28,2011 Page I of 48 Board and Committees Current Members Clark Reynolds (9) Res. Juris. Local Gvt 12/31/2011 City Commission 12/31/13 Michael Burnstine (7) Real Estate Prof. 12/31/2011 City Commission 12/31/13 -- - Applicants PositionITitle Applicants PositionITitle Amy Perry Arian Adorno Charles Urstadt Karen Fryd Mark Wohl Steven Gonzalez Andrew Fischer Brian Ehrlich Dr. Barry Ragone Marie Towers Roberto DaTorre /,~~*~m~,.-~~c,.<~~<~~*~zc~~~~~~~1.~~~.~I~il.IUl)",,~il;-..-.-..,-r~~~~.~<~~~~~II_III,-*UYLY.~~..M*~"..,~UUX~~<r~~~<,%*.~z~~.~~.~~~.XLMLNlllr.^~~il~.~~*~~~-~~~~~~~&~~*~.aI1CC~UblUTM"~ll.I~Ull ' Thursday, April 28,201 1 Page 2 of 48 Board and Committees Current Members Board of Adjustment RSA 1-2 Sec 11 8- I ai Composition: Two (2) year term. Appointed by a 517th vote. Seven (7) voting members composed of two members appointed as citizens at-large and five members shall be appointed from each of the following categories (no more than one per category), namely: Law, Architecture, Engineering, Real Estate Development, Certified Public Accountant, Financial Consultation, and General Business. The members representing the professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the member representing general business shall be of responsible standing in the community, and each member shall be bound by the requirements of the Conflict of Interest Ordinance of the city and shall be subject to removal from office for the violation of the terms thereof. No member shall have any financial or 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 commission. Members of the Board of Adjustment must be either residents of or have their principal place of business in Miami Beach; provided, however, that this amendment shall not affect the term of existing members of the Board of Adjustment. City Liaison: Antonieta Stohl Vacancy: To replace Andrew At -large 12/31/2012 City Commission Resnick Members: Name Last Name PositiontTitle Term Ends: Appointed by: Term Limit: - Alexander Annunziato At-large 12/31/2011 City Commission 12/31 /I 3 Andrew Resnick Real Estate Developer 12/31/2012 City Commission 12/31/15 Bryan Rosenfeld CPA 12/31/2011 City Commission 12/31 /I 5 Lior Leser Financial Consultation 12/31/2011 City Commission 12/31 /I 3 Richard Preira Law 12/31/2012 City Commission 12/31/16 Sherry Roberts General Business 12/31/2011 City Commission 12/31/13 Applicants Position/Title Applicants Position/Title Alan Fishman Brent Coetzee Brian Gilderman Jessica Conn Joy Malakoff Rafael Velasquez Roger Houle Beth Gopman Brian Ehrlich Dov Konetz Josh Gimelstein Micky Ross Steinberg Robert Newman Scott Needelman &,'..>.,*z-~*-x?arw.~" *.z.x .=.? ,,,'"?". ~"~..,~~~~~".,~~,,~,-<~-.~~.~<~~"~~~,~,.-..~~*~<".s,-~~*"~~.~..2z..~".~~~~~~-m-<~~~~~<~<~~.~~~"~"~."7A~.~L~~"'~.=~"~r"~<~~r.-<~.~r.-.~"~&~.~~~"~.~~~z.c~~~~.~.~~~ Thursday, April 28,2011 Page 5 of 48 Board and Committees Current Members Design Review Board Sec. 11 8.71 Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) regular members and two (2) ex-officio members. The seven (7) regular members shall consist of: two (2) registered architects, one (1) registered architect or a member of the faculty of a school of architecture, urban planning or urban design 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 (1) registered landscape architect, one (1) registered architect, professional designer or professional urban planner, and two (2) citizens at-large. One person appointed by the City Manager from an eligibility list provided by the Disability Access Committee shall serve in an advisory capacity with no voting authority. The Planning Director, or designee and the City Attorney or designee shall serve in an advisory capacity. Residency and place of business in the county. The two (2) citizen-at-large members and one of the registered landscape architects, registered architects, professional designer or professional urban planners shall be residents of the city. City Liaison: Thomas Mooney Vacancy: To replace Michael Urban Planner 12/31/2012 City Commission Laas Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Carol Housen At-large 12/31/2012 City Commission 12/31/16 Gabrielle Redfern At-large TL 12/31/2011 12/31/2011 City Commission 12M1/11 Jason Hagopian Registered Architect 12/31/2011 City Commission 12/31/15 Lilia Medina Urban Planner 12/31/2012 City Commission 12/31/15 Seraj Saba Landscape Architect 12/31/2011 City Commission 12/31 11 3 Thomas DeLuca Reg. Architect TL12/31/2011 12/31/2011 City Commission 12/31/1 I Gary Held advisorylcity Attorney Designee Richard Lorber advisory/Acting Planning Director Vacant ex-officio/Disability Access Committee Applicants Positionmitle Applicants Positionmitle Beth Dunlop Daniel Garcia Gabriel Paez Jane Gross Larkin Menezes Leslie Tobin Brian Ehrlich Elizabeth Camargo Gilbert Squires Jessica Conn Leonard Wien, Jr. Pamela Palma C"~~...~I_.<~~~,~~<~,~x...~~.~~~..<~~~~~~~.<~l.~/I__~~r".~"..<z~...~~~.~.~..~,..~,~.IC~**3U1. L.~~m~~.~<m<"."~-~r--:.w~m~u,ll.-l .,4-.*l/ --._l~d~e~.~~~~:~<..~z~U~~~*z.~.wz.-~~r'-m.~~~~.~<<."~-r~~ Thursday, April 28,2011 Page 16 of 48 (Continue d.... Board and Committees Current Members Scott Needelman "Oz.-I" im.Tdrii#,-<z.. --... >.. < ildc<z,.<: %%.,7/. - .2A,r..s,w,,. <lrl. ,Aw">"l T(ClL. rmr. ..?..,. <<s%%L<&.>~ .<-.= rz..zli <,~_*I"K-?*.,-as"!.-" >,z.>. *w., *-<r.- <l.v?mxc ~,"~<<~-~An.L~~~~z,"..~>"? vZ..:,>2u*cc .I<,=** (I<x lm,~.-~~<=.w*<z.w<.~' Thursday, April 28,2011 Page 1 7 of 48 MIAMIBEACH OFFICE OF TI-IE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Matti Hei~era Bower, Mayor @d 4kz dk(3 DATE: May 4,201 1 SUBJECT: Conseilt Agenda Item: Appointment to the Perfoiining Arts Trust Please place on the May 11,201 1 Commission meeting agenda my nolnination of Ricky hriola as one of the city's representatives to the Adrienne Arsht Center for the Performing Arts Center Trust. His bio is attached. 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. T11a-k you. MHBIrw I i We ure coinmifled to providing ex cell en^ public service and sak/y 10 all who live, wok, and ploy in our vibl I Agenda Item R 7 h2- Date 5-11- 11 323 Persolla1 B iograp11yIResurne J Riclcy Arriola Summary Ricky Ar-riola is the President and CEO of Inktel Direct Corp, a company headquartered in Miaini and with offices throughout the United States. Inktel Direct is a leading service provider in the direct marketing industry specializing in call center, eCommerce, distribution, operations consulting and database marketing services. Inktel Direct was twice awarded "The Best Place to Work in South Florida (2008 and 2009)" by the South Florida Business Journal and the c'Innovatio~z arzd Training Award 2007" by the Greater Miami Chamber of Commerce. Inktel Direct also won "Best Place to Work irz Florida" by Florida Trend magazine in 2009. The Conlpany received the Greater Miami Chamber of Commerce's "Most Outstanding Bzisiness A~lnrd'~ in 2009. Ricky is leader in' the arts community. He is the past Chairman of the Board of the Adrienne Arsht Center for the Performing Arts of ~iami-~ade County (2007-2010). The Arsht Center is a nearly $500 million public-private partnership in Miami Dade County established in 2006. During Ricky's Chairmanship (started in 2007), the Center raised over $40 million in private donations, renamed the Performing Arts Center, built a new executive leadership team, increased average attendance 25%, and reversed a $2.5 million annual deficit into an operating surpluses in each of the years of his leadership. Additionally, Ricky was appointed by President Barack Obanla to serve on the President's Comnlittee on the Arts and the Hunlanities. The Coininittee focuses on arts and humanities education, cultural diplotnacy, econoinic revitalization tl~rough the arts and hun~anities and special events dedicated to recognizing excellence in these areas. This Coin~nittee is coinprised of leading artists, professionals and academics it1 the field of arts and culture. Members include Sarah Jessica Parker, YoYo Ma, Forest Whitaker, Anna Wintour, Teresa Heinz; and Edward Norton Jr. Personal Biog~a~~hyIResurne - J Ricky Arriola - Page 2 Ricky is also very active in the Miarni business and civic coinmunities. He has served as the Chairlnan of the Mianli Chapter of the Young President's Organization (YPO); a member of the Board of Directors of the Great Miaini Chamber of Con~merce and the Greater Miami Convention and Visitor's Bureau; he was appointed by the Miatni Dade County Mayor to the Mayor's Vision Council; he was appointed by the Miami Dade County Public School Superintendent to serve on the Superintendent's Business Advisory Council; he was appointed by the Board of Miami Dade County Co~ntnissioners to serve on the South Florida East Coast Corridor traffic study group; he serves as a mentor to a high school student as part of Big Brothers Big Sisters; he is a member of the Orange Bowl Committee; a member of Leadership Florida; a member of the Board of Directors of the Music Association of Miami; and is an active f~~ndraiser for St Jude Cllildren's Researcl? Hospital. Ricky was recently selected by Poder Magazine as one of the 23 leaders under 40 years of age who are making a major difference in South Florida. Hispanic Business Magazine named Ricky one of the 100 Most Influential Hispanics in the U.S. (2010). Additionally, Ricky was honored with the "Ultinzate CEO A1,var.d" by the South Florida Business Journal (2010). Poder Magazine listed hiin as one of the,Top 75 Most Influential people in Miami (2010). He has spokenlpresented at numerous business forums, industry trade events and he is regularly featured in articles and industry trade publications. He has numerous articles and editorials published in newspaperslinagazines such as the Miami Herald, South Florida Business Journal, Miami Today, Direct, Operations and Fulfillment, South Florida CEO, DM News, CRM, and Hispanic Business among others. Ricky was recently selected to be a 2009 Henry Crown Fellow by the Aspen Institute. The Henry Crown Fellowship Program recognizes entrepreneurial young executives and professionals under 45 who have achieved considerable success in their fields. Each class of Fellows contains no more than 20 highly accomplished individuals from around the world who go through a stringent no~nination and selection process. Ricky received his Bachelor's Degree (B.A.) in Economics from Boston College, his Juris Doctor (J.D.) Degree froin St, Jolul's Uiliversity School of Law and his Masters in Business Administration (M.B.A.) from the Harvard Business School. THIS PAGE INTENTIONALLY LEFT BLANK R9 - New Business and Commission Requests R9B1 Dr. Stanley Sutnick Citizen's Forum. (I 2:30 p.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.) AGENDA ITEM: R9BI -2 DATE: 5- //-/ THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH OFFICE OF ME MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Ed Tobin, Commissioner A DATE: February 23,201 1 SUBJECT: Agenda item for March 9th Commission Meeting Please place on the March Q', 201 1 City Commission meeting agenda a discussion item on changing the Flamingo Park Master Plan to include a bathroom in the Tot Lot. Also include as part of the discussion the design of the tennis club house and the composition of the tennis courts at Flamingo Park. Should you have any questions, please contact Yanette Bravo at ext. 6274. THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Ed Tobin, Commissioner A DATE: March 30,2010 SUBJECT: Discussion on Dunlop Orange Bowl Tennis Tournament Please place on the April 1 3'h Commission Agenda a discussion on the Dunlop Orange Bowl Tennis Tournament. Should you have any questions, please contact Yanette Bravo at ext. 6274. ' Agenda Item RqD We ore commrtted 10 prowdrng excebn~ publrc servrce and sofefy to 011 who live work orld ploy rn ou I Date 5-11-1/ 331 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 : Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: May 11,201 1 u SUBJECT: COMMITTEE OF THE WHOLE -ACTING AS AUDIT COMMITTEE TO DISCUSS INTERIM STATUS REPORT OF INTERNAL AUDITS BACKGROUND Previously, at the last Audit Committee Meeting held during the Committee of the Whole on November 17, 2010, the External Auditors presented their final reports for fiscal year 2008109. The Internal Audit Division presented their 201 1 Audit Plan along with a summary of audits completed for fiscal year 2009110. The purpose of this meeting is to present an interim status report of internal audits completed and in process for the current year and to provide insight into potential audit areas for FY 201 1112. Internal Auditor's Reports The City's Internal Audit Division, a component of the Office of Budget and Performance Improvement, is responsible for ensuring: Compliance with Resort Tax Ordinances by auditing Miami Beach businesses; Compliance with City policies and procedures and financial integrity and sufficiency of internal controls by Departments and Not-for-Profits; Supporting and special projects assisting other City areas; and Integrity of performance measures reported Citywide. Resort Tax Audits The majority of resources in the Division are dedicated to auditing the Miami Beach businesses required to report and remit resort taxes. This effort is supported by approximately half of the positions in the Division as well as by outside contract auditors. Resort tax generated for the fiscal year 200911 0 was $41,986,105. Effective October 22, 201 0, new auditing agreements were contracted with five separate audit firms. For the current year the department has targeted to complete 250 audits. Scheduled audits are based upon the type of business, actual resort tax receipts received, and the frequency of the last audit. As of April 30,201 1, the Division has completed 89 resort tax audits (36% of our total goal) of which 60 were hotels, restaurants, nightclubs, and bars. These audits resulted in additional tax assessments of $202,294. This represented 2.54% of the total resort tax reported for these entities over the multi-tax year audited. However, more important than the amount collected is the incentive this creates to ensure that entities are filing appropriately as these additional assessments are assigned interest and penalties. The number of audits completed during the first six months are not reflective of the anticipated annual total as it took time to bring the outside contractors onboard and first six months included larger audits performed by the inside field agents. ' Agenda Item R YE Date 5-114) Internal Audits For Department and Not-for Profit Internal Audits, the City's Audit Plan is separated by different types of reviews. Annually required audits include those mandated by City Code and State Agreements, as well as providing assistance to the City's external auditors. For the current year, the Division has scheduled 24 audits based upon a risk assessment approach. Audits are classified as to high, medium or low risk. Higher assigned risk areas are subject to more frequent audits, and lower risk areas are often less frequent. Overall, eleven internal audit areas have been substantially completed to date. Two audits have been issued, five are awaiting exit conferences and four are awaiting responses from Management. The represents 46% completed out of 24 audit areas initially targeted for this year. Out of the audit areas completed, one audit was added during the year. With the additional one audit, it is projected that we will complete all 25 audits for the year. Attached is Summary of Internal Audit Activities (Exhibit I) for the current fiscal year. Reports are listed on-line on the City's website at http://web. rniamibeachfl.gov/obpi/scroll.aspx?id=36612. Exhibit 2 provides a listing of Audit Areas for ubstantially completed in 201 1 are shown in bold. F:\OBPI\$AUD\INTER~AL AUDIT FILES\DOClO-I ?MUD COM\Discussion of Audits Comm of the Whole 5-11-1 l.doc Exhibit 1 - Summary of Internal Audit Activities for Fiscal Year 201011 1 Internal Audits - Completed Cultural Arts Council First Class Parking, LLC Valet Parking Internal Audits - Pending Final Reports State Beachfront Management Agreement Boucher Brothers Miami Beach, LLC Beachfront Concession Agreement Concurrency Management Fees Public Works Department's Warehouse Inventory Sanitation Fees Residential Billings Sanitation Fines and Forthwiths Storm Water Review Water and Sewer Impact Fees Accumulated Leave Liability For fiscal year 201 011 1 internal audits to date included the following recommendations: Additional safeguards over inventory processing for areas of Public Works; Revisions to update several departmental procedures and improve controls for Code Compliance and Sanitation; Changes in procedures to comply to reporting requirements of approved grant funds distributed by the Cultural Arts Council; Improve internal control processes for Water and Sewer Impact Fees and Concurrency Fees; Strengthen oversight of compliance to the Beach Concession agreement. Parking Monitoring Reviews In the Parking area, the Division completed twelve meter enforcement, two attended lot cash operations and two coin room reviews during the current fiscal year. While our parking meter reviews identified an improvement in enforcement over the previous fiscal year, areas of enforcement still fell short of desired benchmarks. Operational procedures for attended lots were found to comply with the city's guidelines. In addition, coin room operations were functioning in accordance the city's procedures. Sanitation Audits For the current year, four audits of waste haulers were completed. We anticipated completing eight audits in this area for fiscal year 201011 I. Other Sup~ort Additional support was directed to performing non-audit activities. Assistance was provided for Cleanliness Assessment Program o Input of Daily Assessment results. o Preparation of Quarterly reports. o Testing new automated assessment system and reports. Hurricane related grant monitoring responsibilities for the past fiscal year included: o Assisting FEMA and the State with their ongoing closeout for Hurricane Wilma 2005. o Preparation of Quarterly Reports to FEMA (still ongoing for Hurricane Wilma projects). o Monitoring each open project for completion and requested reimbursement. o Assisting Ofice of Inspector General with audit of FEMA funding received for Hurricanes Katrina and Wilma. Exhibit 2 - Audit Areas lnterim Report as of 4/30/2011 CITY OF MIAMI BEACH INTERNAL AUDIT DEPARTMENT Audit Areas Areas highlighted are considered for audit based on projected frequency. Comments provided indicate reasons why area may not be audited within the projected frequency. Department - Audit Area Last Risk Audit Comments Mayor and City Commission ,:;;:.Lj;~:.:::.:.:. loperations [I4: ::: :.(.:-::::::I L I I Administrative Support Services City Manager Office ~:gi;:c:::;:":zk Operations . :... .mb-pi , L I /:.:.:,.e.:.:?:,:, Communications [......I.2..; ..,,. .., :.., :J L I Budget & Performance Improvement I :,;,: . . . .,. .',. [~ana~ement & Budget ,, , , : :::., .. . k :::: L l~nnual budget has been presented to GFOA and I I learned thei; ~istin~uish Budget Award, and I I . . . . , . . . . . . . . . . 3, . .'.?.~.":':,'. ~:;;i:?.:?:~:::.:,$~< . .,>. 3.z.*,2 .. $.::. .. laudited by external auditors. :.:.'.i"i.!.7.1.:.* Grants Management 1 L IGrants are included in the City's single audit by [;$$$$,a%;$ ,.,.." .,.. :: .... >.....,. ,. Ithe City's external auditors. Finance Cashier Functions - Central Cashier 1 2008 1 H I Cashier Functions - Other areas Building, Police, I 7008 I ---- Parking) I City Payment Processing 2009 H I I I I Fixed Assets I audit, the controls are being reviewed. The City Audit Areas 201 1 Interim Exhibit 2 - Audit Areas Interim Report as of 4/30/2011 CITY OF MIAMI BEACH INTERNAL AUDIT DEPARTMENT Audit Areas Areas highlighted are considered for audit based on projected frequency. Comments provided indicate reasons why area may not be audited within the projected frequency. Last Risk Denartment - Audit Area Audit Comments P Human Resources Cify Attorney :.:,:,2.:,:.:l:.:r: [operations . .~b~.,b,..~...* %,., L I City Clerk Economic Dev. & Cultural Events L L L L Operations includes Labor Relations Review of Benefits Formulas Pension Time Purchased by Leave Hours Health, Dental and Life Insurance Economic Development Economic Development Anchor Shop Retail I Garages I 1 2010 1 .!:;..>,$::+:.:'.: L I RDA -Administrative & Operations E .,.,.. ::.::.::i,:l L I Risk Management Workers Compensation 1 2005 1 M I General Liability Insurance 1 2005 1 L I ;:t.?.$:F4.:.$::: . .:::: 2005 2008 2010 L M L Operations, Record Retention I Public Requests Special Masters Election Invoices :':":':;;:,:.: :::: :: ....+.*. ...... x..::.~:.: .: .... 2010 2008 Central Services Inventory Operations I Billings for Department Services Asset Management Audit Areas 201 1 Interim 2003 1 L I 2009 1 L I revenue. Audit reviewed 2008 year revenues in Historic City hall under renovation through 2008. Beachfront Concession (Boucher Brothers) City Leases, Historic City Hall, 777 Building, etc. Required Annually by State Agreement 201 1 2010 L L L South Pointe Restaurant (Smith & Wollensky) State Beachfront Management Agreement Market Places Concession Agreement L M 2009 201 1 2005 Exhibit 2 - Audit Areas Interim Report as of 4/30/2011 CITY OF MIAMI BEACH INTERNAL AUDIT DEPARTMENT Audit Areas Areas highlighted are considered for audit based on projected frequency. Comments provided indicate reasons why area may not be audited within the projected frequency. Department - Audit Area Last Risk Comments Buildinn Mechanical, Training, Elevator Inspections, completed in 2009. Procurement of new permitting Recertification, Demolition, Building Code Plannina revenues and operations was done in 2003 for Operations Telephones, Electrical, Services Convention Center Food & Beveragelcenterplate Convention Develo P ment Tax Code Compliance l~ode Enforcement Violations and Operations 1 2010 1 H ICode Compliance system being procured in 2010.1 I I I I Community Services [community Services 1 2001 1 L I I 2009 . ' Housing 81 Community Development M L I I I I Audit Areas 201 1 Interim County audit completed in 2008. Homeless Outreach Serv~ces [* ..., :$ . $..,.,.. &: f > .I I- I Exhibit 2 -Audit Areas Interim Report as of 4/3012011 ClN OF MIAMI BEACH INTERNAL AUDIT DEPARTMENT Audit Areas Areas highlighted are considered for audit based on projected frequency. Comments provided indicate reasons why area may not be audited within the projected frequency. Department - Audit Area Last Risk Audit Comments Parks and Recreation Inventory Processing I LUUJ I IVI I .:.:.>,>s+ :.a;.::$: Operations - Sewer b.:-:.2.)::.I,'.',:.I _ .l.,...l, M Ivarious ooerational comoonents were reviewed in I Operations - Storm Water 1 20 *.....'.%e Operations - Streets, Street Lights Operations - Water Overtime (Public Works) Permit Fees - News Racks Permit Fees - Work in Right of Way Permit Fees - Side " Purchasing - Public WorKs I I LUUJ Transportation Management 1 2002 , - , Water & Sewer Impact Fees I 12011 1 L I 1 Golf Management Agreement Miami Beach Golf 2010 M Golf Management Agreement Normandy Shores 2010 M Landscaping Agreements 2010 M Overtime (Parks & Recreation) Recreation fees I Cashier functions Tennis Centers Agreement Course under renovation, completion in FY 2008109. Contracts are effectively monitored by Parks Greenspace Mgmt and Procurement. Results are Capital Improvement Projects l~inancial Controls & Operations i$:!;>;$:<;;:i;;:::: . H I I 2010 2010 2010 (.*, ,.. , , , * * , ..,, :,;,:,:,:":.:.:, 1.h4.1.2,1.1111~.1s, .'."..hz%P%,%,.,%*,. Property Management ' Audit Areas 201 1 lnterim M M L M M Maintenance Agreements Internal Service Charge Billings (Including CAM) shared hth internal Audit. 2008 2010 Inventory (Property Management) 2009 L Exhibit 2 - Audit Areas Interim Report as of 41301201 1 CITY OF MIAMI BEACH INTERNAL AUDIT DEPARTMENT Audit Areas Areas highlighted are considered for audit based on projected frequency. Comments provided indicate reasons why area may not be audited within the projected frequency. Department - Audit Area Last Risk Audit -rJ& Comments Parking Public Safety Fleet Management Audit Areas 201 1 lnterim Completed 4 reviews during the year. As of 812009 audit required annually. Completed 4 reviews of coin room during the year. H M M H Attended Parking Lots Monitoring Boat Show Parking Cashiers & Attendants Agreement (Parking) Coin Room (Monitoring) Meter Collection Audited vehicle purchasing process. 2010 2008 2010 2010 M L L L Fuel distribution Inventory & Processing Operations I Internal Service Charges Billings Vehicle Purchases 2009 2010 ;; 2007 Exhibit 2 - Audit Areas lnterim Report as of 4/30/2011 CITY OF MIAMI BEACH INTERNAL AUDIT DEPARTMENT Audit Areas Areas highlighted are considered for audit based on projected frequency. Comments provided indicate reasons why area may not be audited within the projected frequency. De~artment - Audit Area Fire Last Risk &dJt M Comments ~ -.- completed in 2009. Procurement of new permitting Citywide Projects Capital Projects - Non-CIP, (Public Works, Parks, RDA, Convention Center, Etc.) Audit Areas 201 1 lnterim Non-Profif Organizations CDBG funding source: G Bofh general fund and CDBG funding source: Boys and Girls Club Miami Beach Community Health Center North Beach Development Corp Other funding sources: Friends of the Bass lo 1 2003 1 L I Police Athletic League 10 1 2009 1 L I 2010 :::::::::::::::::!::I :l::::tz2.$::;: 2008 gc gc L L L General Fund for 2011 is $16,606. General Fund for 2011 is $21,660. General Fund for 201 1 is $18,000. THIS PAGE INTENTIONALLY LEFT BLANK R9 - New Business and Commission Requests R9F The Committee Of The Whole Will Meet During Lunch Recess Of The May 11, 201 1 City Commission Meeting At The City Manager's Office Large Conference Room To Discuss The Fiscal Year (FY) 2011112 Proposed Operating Request For The Ofice Of The Mayor And City Commission. (Budget & Performance Improvement) Agenda Item 8qf Date 5-11-1 1 THIS PAGE INTENTIONALLY LEFT BLANK !S - MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION CITY CLERK'S OFFICE MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Matti Herrera Bower, Mayor * md DATE: April 26,201 1 SUBJECT: R9 Item: Presentation By Marlon Hill on Best of the Best Weekend Coordination Please place on the May 11, 201 I Commission meeting agenda a presentation by Marlon Hill on Best of the Best Weekend coordination. The presentation will also be supplemented by staff. 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 61 57. Thank you. We ore conmiHed to providing excellenf public service ond so\eefy /a all wlio liw, work, and play in our d I Agenda Item R96- Date 5-1 1-11 345 THIS PAGE INTENTIONALLY LEFT BLANK OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager Robert Parcher, City Clerk FROM: Jorge R. Exposito, Commissioner DATE: May 2,2011 SUBJECT: Agenda item: Bayshore Neighborhood Par 3 Golf Course Please place a discussion item on the May 11,2011 Commission Meeting agenda for report by Commissioner Exposito to Commission regarding the Bayshore Neighborhood Par 3 Golf Course. Please provide a time certain for the same. (5:OO PM) We trust that you will find all in good order. Should you have any questions, please feel free to get in touch with my aide, Barbie Paredes at extension 6457. Best regards, We ore comrnrffed to providmg excellent pubhc service and sofeiy lo oil who Irve, wotk, ond ploy m our vibr; Agenda Item R9H I Date 5-11-1j 347 THIS PAGE INTENTIONALLY LEFT BLANK R9 - New Business and Commission Requests R91 Discussion Regarding A Request From Tremont Towing To Amend Their Towing Permit Minimum Requirements For Vehicle Storage. (Requested by Commissioner Jerry Libbin) (Legislative Tracking: Parking Department) (Memorandum to be Submitted in Supplemental) THIS PAGE INTENTIONALLY LEFT BLANK Reports and Informational Items (see LTC #I 50-20 1 1 ) THIS PAGE INTENTIONALLY LEFT BLANK