20110601Supplemental OCRMIAMIBEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
June 1,201 1
Mayor Matti Herrera Bower
Vice-Mayor Jonah Wolfson
Commissioner Jorge Exposito
Commissioner Michael Gbngora
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 I
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 priorto 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.
SUPPLEMENTAL AGENDA
C7 - Resolutions
C7G A Resolution Retroactively Approving And Authorizing The Mayor And City Clerk To Execute
An Agreement With ePARK Systems, Inc., The Sole Source Distributor Of The In-Vehicle
Parking Meters (IVPMs) Or IPARK Devices, For The Purchase Of IVPMs And Prepaid Parking
Reloads, In An Amount Not To Exceed $200,000 Annually (Of Which The Actual Cost To The
City Is Less Than $25,000, With The Remaining Balance Reimbursed To The City).
(Parking Department)
(Revised Resolution I Exhibits A & B)
Supplemental Agenda, June 1,201 1
R7 - Resolutions (Continued)
7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 2 To
The Management Agreement Between The City Of Miami Beach, Florida And Altos Del Mar Sculpture
Park, Inc. (ADMSP) For The Operation Of A Sculpture Park In Altos Del Mar Park; Said Amendment
Modifying The Deadline To Obtain A Building Permit For Construction Of The Sculpture Park
Proposed Improvements From May 13,201 1, To March 31,201 2; And Further Requiring ADMSP To
Provide Proof To The City Commission By September 14,201 1, That Funding For Architectural And
Engineering Services For Design And Development Of The Proposed Improvements Has Been
Secured.
(Tourism & Cultural Development)
(Resolution & Agreement)
R7H A Resolution Pertaining To The Par 3 Golf Course And The Flamingo Park Project Tennis Center,
And Ratifying Previously Approved Resolution No. 201 0-27407, Which Approved And Adopted The
Redesign Of Par 3 Project Plan, Including The Construction Of Four (4) Hard Surface Tennis Courts,
Tot Lot, And Splash Pad And Ratifying Previously Approved Resolution No. 2009-27190, Which
Approved The Flamingo Park Master Plan Option "L", As Amended, Including The Construction Of
Seventeen (1 7) Hydro Courts At The Proposed Tennis Center.
(Capital Improvement Projects)
(Memorandum)
R9 - New Business and Commission Requests
R9F Discussion Of Viability Of Storing City Directed Towed Vehicles On Terminal Island.
(City Manager's Office)
(Memorandum)
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION
OF THE ClTY OF MIAMI BEACH, FLORIDA,
RETROACTIVELY APPROVING AND AUTHORIZING THE
MAYOR AND ClTY CLERK TO EXECUTE AN AGREEMENT
WlTH ePARK SYSTEMS, INC., THE SOLE SOURCE
DISTRIBUTOR OF THE IN-VEHICLE PARKING METERS
(IVPMs) or IPARK DEVICES, FOR THE PURCHASE OF
IVPMs AND PREPAID PARKING RELOADS, IN AN AMOUNT
NOT TO EXCEED $200,000 ANNUALLY (OF WHICH THE
ACTUAL COST TO THE ClTY IS LESS THAN $25,000, WlTH
THE REMAINING BALANCE REIMBURSED TO THE CITY).
WHEREAS, the in-vehicle parking meter (IVPM) is a lightweight, credit card sized
personal parking meter that can be used for the payment of parking fees in areas with
existing parking meters or pay and display machines; and
WHEREAS, on September 9,2008, the City entered into an agreement with ePark
Systems, Inc. for the purchase of IVPM's, or the iPark device, and prepaid parking reloads,
in an amount not to exceed $25,000; and
WHEREAS, on September 17, 2008, pursuant to Ordinance No. 2008-3616, the
Mayor and Commission approved an amendment to the City's Parking Rate Ordinance
which adjusted several rates, including parking meter rates, in the South Beach Parking
Zone from $1 .OO per hour, to $1.25 per hour; and
WHEREAS, the implementation of the new parking meter rate was conditioned
upon the implementation of an in-car meter program, which would allow residents to
receive a 20% discount for metered parking in this Zone; therefore, instead of the rate at
the time of $1.25 per hour, residents could continue to pay the $1 .OO per hour rate; and
WHEREAS, on January 28,2009, pursuant to Resolution No. 2009-26983, the City
Commission approved the sole source purchase of IVPM's and prepaid parking reloads, in
an amount not to exceed $100,000, under the September 9,2008 agreement; and
WHEREAS, the September 9,2008 agreement was for a term of two (2) years, and
expired on September 8, 2010; and
WHEREAS, the Administration is requesting retroactive approval of a new
Agreement, with a commencement date of September 9, 2010; an initial term of two (2)
years, and a two (2) year renewal options at the City's sole and absolute discretion; and
I
Agenda Item C 7G
1
I Date 6-P- 81
WHEREAS, the new agreement (like the prior agreement) allows for the introduction
of the new iPark device (EOS), at a cost of $25, and will allow current users to upgrade
their device and receive a credit for the 1.0 device as follows:
If the customer has reloaded the I .O device 5 or more times, ePark will give them a
$10 credit toward the purchase of the EOS;
If a customer has reloaded the 1.0 device 3 to 4 times ePark will give them a $5
credit toward the purchase of the EOS;
If a customer has reloaded the 1.0 device less than 2 times thev will NOT receive a
credit toward the purchase of the EOS: and
WHEREAS, all other terms of the new agreement remain the same, with the
exception of an increase in the cost of the $50 reload fee from $3.25, to $3.50 per reload,
and an increase in the convenience fee from 5% to 6%; and
WHEREAS, all iPark expenses, including the units and their reloads, are pass-
through expenses to the customer, with the exception of the convenience fee (or client
fees) for the online and IVR transactions, which are borne by the City and are under
$25,000.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA, that the Mayor and City
Commission hereby retroactively approve and authorize the Mayor and City Clerk to
execute an Agreement with ePark Systems, Inc., the sole source distributor of the IVPM or
iPark, for the purchase of the IVPM devices and prepaid parking reloads, in an amount not
to exceed $200,000 annually (of which the actual cost to the City is less than $25,000, with
the remaining balance reimbursed to the City).
PASSED and ADOPTED this day of ,201 1
ATTEST:
CITY CLERK
Robert Parcher
Underlined denotes new language.
denotes deleted language.
JMG/TH/SF/rar
T:\AGENDA\2011\6-01-1 l\ePark RESO REVISED 5-31-1 1 .doc
MAYOR
Matti Herrera Bower
"Exhibit A
Pricing and Fees
1 . iPark Devices
1 .I ePark Systems (Contractor) will provide the City the iPark 1.0 device at a
price of $20.00 per unit, including holder. The Initial Fee will be refunded
in the event that the end user customer closes their iPark account and
returns the device to Contractor (determined with reference to the date
received by ePark) within 90 days following the establishment of the
customer account for said device. After such 90 day period, the fee will be
non-refundable.
In the event that a customer reports a lost, stolen or damaged iPark
device, the Contractor will replace the unit one time without any additional
fee. Any subsequent replacement will be subject to fee of $20 plus
shipping and handling. Notwithstanding the foregoing, for any non-
operational iPark, the malfunction of which is determined by the
Contractor to have been without fault of the customer, ePark will replace
such iPark device upon receipt thereof at no further charge, including all
shipping and handling charges.
If the City elects to distribute iParks devices locally, the fee terms listed
herein will apply from the point the customer purchases the device from
City stores. ePark will invoice the City for iPark devices and holders upon
shipment to the City.
Upon domestic release of the new EOS device, the Contractor will provide
the City the iPark EOS device at a target price of $25.00 per unit, and a
trade in credit as follows:
If the customer has reloaded the 1.0 device 5 or more times, ePark will
give them a $1 0 credit toward the purchase of the EOS;
If a customer has reloaded the 1.0 device 3 to 4 times ePark will give
them a $5 credit toward the purchase of the EOS; and
If a customer has reloaded the 1.0 device less than 2 times they will
NOT receive a credit toward the purchase of the EOS.
1.3 The City will be invoiced at the time of order shipment.
2. Value Load Transaction Fees
2.1. The Contractor will provide value load amounts of $25.00 and $50.00.
2.2. The Contractor will charge $2.00 per $25.00 value load, and $3.50 per
$50.00 value load.
2.3. The Contractor will invoice the City for any value load within five (5)
business days of the 1'' of each month for all value loads delivered during
the prior month. The Contractor will provide the reporting for the City to
audit and verify the value load delivery count and amount.
3. Support Systems
3.1. The Contractor will provide the City with access to the Contractors' multi-
channel customer service and support system (IVR, Website, and
Customer Service Call Center) at no charge.
3.2. If the City elects to use the Contractor's multi-channel customer service
and support system (IVR, Website, and Customer Service Call Center) to
allow the City customers to purchase and receive value loads codes via
any of the three channels (IVR, Website, Customer Service Call Center),
the City will be charged a 6% convenience fee of the total value loads
processed through the contractor customer service and support system.
The following chart is for illustrative purposes and is representative of the feeslcosts in
Sections 2 and 3 above.
Value Load Transaction Convenience
amount Fee Fee 6%
Exhibit B
ePark has developed an Internet Privacy Policy to protect the consumer, city and ePark.
It provides awareness and notice of how the information is gathered and processed. It is
a vital piece of information and a part of the web pages maintained for CMB. It is updated
periodically to remain legally responsible and current. Below is the current policy as of
April 1,2011.
ePark Systems Inc.
INTERNET PRIVACY POLICY
Introduction
ePark Systems Inc. ("eParkll), is committed to respecting your privacy, and we have created
this privacy policy (the "Privacy Policy") to give you a clear understanding of how our Web
Site operates, and how personally identifiable information is handled.
We have a clear Privacy Policy: we collect no personally identifiable information through this
web site unless you voluntarily supply it. We define personally identifiable information as
information that can uniquely identify an individual person.
This privacy statement explains under what circumstances we gather personal information, how
we use it, your choices in regard to our use of the information and how we protect the
information.
By using our Web Site, you consent to the collection and use of information as set forth in
this Privacy Policy.
I. Type of lnformation Collected
When you visit our Site, we may collect and store information from you that you voluntarily
choose to give us or enter on our Site, including personally identifiable information. In these
instances, we will obtain your consent. Our primary purposes in collecting and processing
your personally identifiable information are to provide you with the services you request or to
personalize product information and offers for you. If you request us to do so, we will use
your information to provide you with additional information about our products and services
and to send you information on other products and services that may be of interest to you.
This will be restated this in the area of our Web Site where we collect information for these
purposes.
2. Our Use of the lnformation
If you need to provide personal information to access features or services, we will clearly
disclose how the information will be used.
We do not sell, trade, or rent your personally identifiable information to others. However, we may
share your personally identifiable information with other ePark affiliates, our agents, contractors or
business partners in order that they may perform services for us. For example, your personally
identifiable information may be shared (i) with contractors we use to support our business
(e.g. fulfillment services, technical support, delivery services, and financial institutions) or (ii)
where required by applicable laws, court orders, or government regulations.
In addition, since we may conduct research on user demographics, interests, and behaviors
based upon information provided to us during use of our Web Sites, we may combine your
information with information collected from other individuals to produce anonymous,
aggregated, and statistical information. Aggregated and statistical data does not include
personally identifiable information. We use this information, such as the percentage of male or
female visitors, or the percentage of visitors within certain age brackets, to improve the content
of our site. We also may share this anonymous aggregated or statistical information with partners
or other third parties.
As our company changes and grows, we might sell or buy companies, subsidiaries, products
or assets. In such transactions, customer information generally is one of the transferred
business assets. In the event ePark goes through a business transition, such as a merger,
acquisition by another company, or sale of all or a portion of its products or assets, your
personal information will likely be transferred.
3. Notice
Where ePark collects personally identifiable information directly from individuals, we inform
them about the purpose and use of the collected information, and the choices and means, if any,
we offer individuals for limiting the use and disclosure of their personal information. Notice is
provided in clear and conspicuous language when individuals are asked for the information.
ePark does not use or disclose the information for a purpose other than that for which it was
originally collected.
4. Consent
ePark believes that consent is one of the most important privacy principles. You have the
choice not to submit any personally identifiable information to us (although under such
circumstances you may be unable to participate in all aspects of our Web Site).
5. Access to Review, Correct, and Delete Information
ePark uses personally identifiable information only in ways that are compatible with your
consent and the purposes for which it was collected. We take reasonable steps to ensure that
personal information is relevant to its intended use, accurate, complete, and current. One such
step is granting users access to the personally identifiable information they provided on a web
site. In some of portions restricted of our Site, you may log in to your account profile or
preferences to view and modify the information as appropriate.
6. Security
We are committed to the security of personally identifiable information and we take reasonable
precautions to maintain that protection.
ePark has implemented SSL technology to protect the transmission of personally identifiable
information. This technology secures the information prior to transmission over the Internet
between your computer and our servers through encjrption. We protect personally identifiable
information stored on the web site servers from unauthorized access using reasonable technical
and procedural controls.
ePark uses physical and administrative procedures to attempt to safeguard personally
identifiable information and only guarantee the security of said information insofar as the methods
and procedures employed provide. We cannot guarantee that it is completely secure in instances
where the means of obtaining such information falls outside of our control. Such instances include
but are not necessarily limited to viruses, worms and spy ware that infect the end-user's computer
in order to intercept information from the user's computer. In short, people who might attempt to
evade security measures or intercept transmissions over the lnternet is outside the scope of
ePark's control. It is therefore highly encouraged that you obtain personal protection for your
computer to help safeguard against these and other forms of information infections.
7. Retention of Personally Identifiable Information
Once you have provided personally identifiable information to ePark, we store and maintain the
information you have volunteered for so long as we need it to provide the service that you
requested, unless you have directed us otherwise, or for so long as we are required by law.
8. Cookies
Cookies are tokens of information that our web sites may provide to your browser, which is
used only by our web sites while you are at those sites. The ePark Site supplies your web
browser with cookies that contain a unique identifier used to better understand web site usage in
the aggregate so that we know what areas of our site users prefer (e.g., based on the number of
visits to those areas).
ePark will only be able to read those cookies that we place; we cannot access or read other
parties' cookies. We may also use cookies on an aggregate basis to track site navigation and
traffic trends. This aggregated and anonymous information will help us to improve Site
content, and may be shared with partners or other third parties.
If you are a registered user on the ePark web site, when you login, we may supply you with a
cookie that is maintained by your browser and contains your identifier. This type of cookie is
used to identify you and provide you with access to areas of our web site that are limited to
registered users, such as those that allow you to view and manage your account.
If you simply want to browse, you do not have to accept cookies from our site. Should you
decide, however, that you would like to register and login to special areas of the web site and
you have modified your browser settings not to accept the cookies, you will need to re-set your
browser to accept cookies that we send it. Otherwise, we will not be able to let you participate
in certain areas of the web site. Most browsers are defaulted to accept and maintain
cookies. To learn more about cookies and how to specify your cookie preferences, please
search for "cookie" in the "Help" portion of your browser.
9. lP Addresses
An lnternet Protocol (IP) address is a number that is automatically assigned to your computer
by your lnternet Service Provider (ISP) whenever you connect to the Internet. Like other
lnternet sites, ePark may collect IP addresses to analyze aggregate information about the
number of visitors and site usage. Your IP address is not linked with personal information that you
provide. ePark does reserve the right, however, to use IP addresses to identify individuals who
threaten our site, service, or customers in accordance with regulatory requirements.
10. Clickstream
A "clickstream" or "clickstream data1' reflect the specific web pages visited by an individual user,
and, importantly, the manner or traffic pattern by which a user moves from one web page to
another. We track such information only within our Web Site; we specifically do not track any
clickstream activity outside of the ePark Site pages.
Clickstream data does not contain or reveal any personally identifiable information about the user
and we do not match that data with the personal information you provide us.
1 I. Changes to this Privacy Policy
This Privacy Policy may be revised periodically. By using this Site you acknowledge
our right to change this policy, without prior notification, and our commitment to post changes
on this page so that you are informed of the types of information we collect, how we use it, and
under what circumstances, if any, it is disclosed. We will indicate on the Privacy Policy web
page the date of the last Privacy Policy update. We recommend that you visit our Privacy Policy
page whenever you visit this Site so that you are aware of any changes.
12. Contact Us
If you have questions about this policy or ePark's information collection, use, and disclosure
practices, you may contact us at: ePark Systems, lnc.,1835A S. Centre City Parkway, Suite
433, Escondido, CA 92025.
We will use reasonable efforts to respond promptly to requests, questions or concerns you may
have regarding our use of personal information about you. Except where required by law, ePark
cannot ensure a response to questions or comments regarding topics unrelated to this policy or
ePark's privacy practices.
[remainder of page intentionally left blank]
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2 TO
THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH, FLORIDA AND ALTOS DEL MAR SCULPTURE PARK, INC.
(ADMSP) FOR THE OPERATION OF A SCULPTURE PARK IN ALTOS
DEL MAR PARK; SAID AMENDMENT MODIFYING THE DEADLINE TO
OBTAIN A BUILDING PERMIT FOR CONSTRUCTION OF THE
SCULPTURE PARK PROPOSED IMPROVEMENTS FROM MAY 13,
2011, TO MARCH 31, 2012; AND FURTHER REQUIRING ADMSP TO
PROVIDE PROOF TO THE CITY COMMISSION BY SEPTEMBER 14,
201 1, THAT FUNDING FOR ARCHITECTURAL AND ENGINEERING
SERVICES FOR DESIGN AND DEVELOPMENT OF THE PROPOSED
IMPROVEMENTS HAS BEEN SECURED.
WHEREAS, on October 17,2007, the Mayor and City Commission approved the
issuance of Request for Proposals No. 02-07/08 to establish a Cultural Arts Themed and/or
Other Passive Recreational Activities Program in Altos Del Mar Park, located on Collins
Avenue, between 76th and 77th Streets (the RFP); and
WHEREAS, on July 16, 2008, the Mayor and City Commission accepted the
recommendation of the City Manager and authorized the Administration to enter into
negotiations with the successful proposer, Altos Del Mar Sculpture Park, Inc, a not-for-
profit Florida corporation (ADMSP); and
WHEREAS, on June 3,2009, the City Commission adopted Resolution No. 2009-
271 00, which approved and authorized the Mayor and City Clerk to execute a Management
Agreement with ADMSP for the establishment, operation, and maintenance of a cultural
arts themed program, to be known as the "Altos del Mar Sculpture Park (the Agreement)
WHEREAS, on April 14,2010, the City Commission approved Amendment No. 1
of the Management Agreement, via Resolution No. 2010-27371, which defined the
"Possession Date," and further provided that ADMSP1s obligations under the Agreement
with respect to maintenance and general liability coverage would not commence until such
Possession Date; and
WHEREAS, on March 5, 2011, ADMSP requested that the City grant it an
extension of time obtain a Full Building Permit for the Proposed Improvements (as said
term is Defined in the Agreement), from May, 13,201 1, to February 13, 2012, because i
had not been able to secure the necessary architectural and engineering (AIE) services, fo I
design of such improvements on a pro-bono basis, and would therefore have to raise funds!
to pay for these services; and
,
WHEREAS, on May 4, 201 1, ADMSP submitted a letter to the City explaining in'
more detail the reason for its extension request, and amended its original request (within1
which to obtain a Full Building Permit) to March 31, 2012; and r p
WHEREAS, the Neighborhoods and Community Affairs Committee reviewed
ADMSP1s request at its May 5, 201 1 meeting, and unanimously recommended in favor ofl
the extension until March 31,2012, and further recommended that ADMSP provide the Ciu
with proof that it had obtained sufficient funds to pay for the required AIE services, by
September 14, 201 1.
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 the
attached Amendment No. 2 to the Management Agreement between the City of Miami
Beach, Florida and Altos Del Mar Sculpture Park, Inc. for the Operation of a Sculpture Park
in Altos Del Mar Park; said amendment modifying the deadline to obtain a building permit
for construction of the sculpture park proposed improvements from May 13,201 1, to March
31, 2012; and further requiring ADMSP to provide proof to the City Commission by
September 14,201 1, that funding for architectural and engineering services for design and
development of the proposed improvements has been secured.
PASSED AND ADOPTED this - day of , 201 1
ATTEST: MAYOR
ClTY CLERK
JMGIHMFlmas
T:MGENDA\2011\6-01-1 IMDMSP Amendment No.2 RESO.doc
AMENDMENT NO. 2 TO THE MANAGEMENT AGREEMENT BETWEEN THE ClTY
OF MIAMI BEACH AND ALTOS DEL MAR SCULPTURE PARK INC. FOR THE
OPERATION OF A SCULPTURE PARK IN ALTOS DEL MAR PARK PURSUANT TO
REQUEST FOR PROPOSALS NO. 02-07/08
This Amendment No. 2, is made and executed as of this day of I
2011 (Effective Date), by and between the ClTY OF MIAMI BEACH, a municipal
corporation organized and existing under the laws of the State of Florida (the "City"), and
ALTOS DEL MAR SCULPTURE PARK, INC., a Florida not-for-profit corporation, whose
principal office is located at 7701 Collins Avenue, Miami Beach, Florida 33141 (the
''ADMS PIr).
RECITALS:
WHEREAS, on October 17, 2007, the Mayor and City Commission approved
the issuance of Request for Proposals No. 02-07/08 to establish a Cultural Arts Themed
and/or Other Passive Recreational Activities Program in Altos Del Mar Park, located on
Collins Avenue, between 76th and 77th Streets (the RFP); and
WHEREAS, on July 16, 2008, the Mayor and City Commission accepted the
recommendation of the City Manager and authorized the Administration to enter into
negotiations with the successful proposer, Altos Del Mar Sculpture Park, Inc, a not-for-
profit Florida corporation (ADMSP); and
WHEREAS, on June 3, 2009, the City Commission adopted Resolution No.
2009-27100, which approved and authorized the Mayor and City Clerk to execute a
Management Agreement with ADMSP for the establishment, operation, and
maintenance of a cultural arts themed program, to be known as the "Altos del Mar
Sculpture Park (the Agreement)
WHEREAS, on April 14, 201 0, the City Commission approved Amendment No.
1 of the Management Agreement, via Resolution No. 2010-27371, which defined the
"Possession Date," and further provided that ADMSP's obligations under the Agreement
with respect to maintenance and general liability coverage would not commence until
such Possession Date; and
WHEREAS, on March 5, 2011, ADMSP requested that the City grant it an
extension of time obtain a Full Building Permit for the Proposed Improvements (as said
term is Defined in the Agreement), from May, 13, 201 1, to February 13, 2012, because it
had not been able to secure the necessary architectural and engineering (NE) services,
for design of such improvements on a pro-bono basis, and would therefore have to raise
funds to pay for these services; and
WHEREAS, on May 4, 201 1, ADMSP submitted a letter to the City explaining
in more detail the reason for its extension request, and amended its original request
(within which to obtain a Full Building Permit) to March 31, 2012; and
WHEREAS, the Neighborhoods and Community Affairs Committee reviewed
ADMSP1s request at its May 5, 201 1 meeting, and unanimously recommended in favor
of the extension until March 31, 2012, and further recommended that ADMSP provide
the City with proof that it had obtained sufficient funds to pay for the required AIE
services, by September 14,201 1 ; and
WHEREAS, the City and ADMSP have negotiated the following Amendment
No. 2 to the Agreement.
NOW, THEREFORE, in consideration of the mutual premises, covenants and
agreements herein contained, and other good and valuable consideration, in receipt and
adequacy of which are hereby acknowledged and intending to be legally bound, the City
and Concessionaire hereby amend the Agreement as follows:
1. Section 9.7.8.1, of the Agreement, entitled "Construction
Commencement/ADMSP's Right to Terminate", is amended as follows:
9.7.8 Construction CommencementlADMSP's Right to Terminate1
Possesion Date.
9.7.8.1 As conditions precedent to ADMSP's commencement of construction of
the Proposed Improvements, ADMSP shall obtain a final Full Building Permit for the
Proposed lmprovements by p,
March 31, 2012, and failure to do so shall constitute a default under this Agreement.
ADMSP shall also, on or before September 14, 2011, provide evidence, reasonably
satisfactow to the City Commission, verifying that ADMSP has secured the necessarv
funding for the required architectural and enqineering (/+/El services for the design and
development of the Proposed lmprovements (which funding, as of the Effective Date of
this Amendment No. 2 is estimated to be at least $1 20,000).
No later than thirty (30) days after ADMSP receives its final Full Building Permit
for construction of the Proposed Improvements, ADMSP shall provide evidence,
reasonably satisfactory to the City Manager or his designee (who may be the City's
Chief Financial Officer), regarding ADMSP's sources of funding for construction of the
completion of the Proposed lmprovements (as approved and permitted by City, and in
such amount(s) equal to the anticipated final cost of completion, estimated as of the date
of issuance of the Building Permit).
ADMSP shall not commence construction of the Proposed lmprovements unless
and until (a) ADMSP shall have obtained and delivered to City copies of all final permits
and approvals required to commence construction; (b) ADMSP shall have delivered to
City original certificates of the policies of insurance required to be carried by ADMSP's
contractor(s) (in accordance with the requirements set forth in Exhibit "J" , attached
hereto); and (c) ADMSP shall have obtained and furnished to City a payment and
performance bond from ADMSP's general contractor (the Payment and Performance
Bond), in a form reasonably acceptable to City, issued by a surety listed in the most
recent U.S. Dept. of Treasury listing of approved sureties, guaranteeing the performance
by the general contractor for construction of the Proposed Improvements. The City of
Miami Beach, Florida, shall be named as a dual obligee under the Payment and
Performance Bond.
The City (acting solely in its proprietary and not in its regulatory capacity) shall
reasonably cooperate with ADMSP in obtaining the permits and approvals required to
construct the Proposed Improvements; shall sign any application reasonably made by
ADMSP that is required in order to obtain such permits and approvals; and shall provide
ADMSP with any information and/or documentation not otherwise reasonably available
to ADMSP (if available to City) that is necessary to procure such permits and approvals.
Any such accommodation by City shall be without prejudice to, and shall not constitute a
waiver of City's rights to exercise its discretion in connection with its regulatory functions.
Possession Date: Upon ADMSP's satisfaction of all conditions precedent to
commencement of construction (as set forth in this Section 9.7.8.1), within the required
time periods (as also set forth in this Section 9.7.8.1), ADMSP shall provide written
notice of same to the City Manager, by hand delivery or certified mail, return receipt
requested. No later than sixty (60) business days after receipt of ADMSP's notice, and
provided that the City Manager determines and is reasonably satisfied that ADMSP has
complied with all conditions precedent to commencement of construction, the City
Manager shall provide ADMSP with written notice of same (the City's Notice) and shall,
as of the date set forth in the City's Notice (which date shall be referred to as the
"Possession Date"), permit ADMSP to enter upon and utilize the Premises in accordance
with the terms and conditions of the Agreement (including, without limitations, the
objectives and approved uses set forth in the Agreement).
2. No Further Modifications. Except as provided in this Amendment No. 2,
the Agreement remains unmodified and in full force and effect.
IN WITNESS WHEREOF, this Agreement has been duly executed by the
parties hereto as of the day and year first above written.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
City Clerk Mayor
day of , 2011.
ALTOS DEL MAR SCULPTURE PARK, INC.
ATTEST:
President
Secretary
Print Name
day of ,2011.
F:\INFO\$ALLWlax\TCDWltos Del Mar Sculpture ParkWDMSP Amendment No 2.doc
APPROVED AS TO
FORM & LANGUAGE
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COMMISSION ITEM SUMMARY
Condensed Title:
I A Resolution Of The Mavor And Citv Commission Of The Citv Of Miami Beach, Florida, Pertaining To The Par 3 Golf (
Course And The lami in go Park ~rojkct Tennis Center, And ~atifyin~ Previously Approved ~esolut6n No. 2010-27407,
Which Approved And Adopted The Par 3 Project Master Plan, lncluding The Construction Of Four (4) Hard SurfaceTennis
Courts, Tot Lot, And Splash Pad And Ratifying Previously Approved Resolution No. 2009-27190, Which Approved The
Flamingo Park Master Plan Option "L", As Amended, Including The Construction Of Seventeen (17) Hydro Courts At The
Proposed Tennis Center.
Key Intended Outcome Supported: I Ensure well-designed, quality capital projects. I
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: I Shall the City Commission Adopt the Resolution? I
Item SummarylRecommendation:
The Par 3 Golf Course original scope of work consisted of the re-design of the existing nine-hole Par 3 Golf Course,
inclusive of new lakes, jogging path, tennis courts, splash pad and tot lot. The final concept plan for the Par 3 was
presented to the community on March 28, 2011. Members of the community expressed concerns regarding the
implementation of a proposed plan with a splash pad and a tot lot, which could potentially attract children onto the Par 3
fairways and in turn create potential safety hazard. The BHA President later also presented a proposed plan that was
indicative of the elements that the residents would accept as part of the Par 3 Golf Course re-design, which are the lakes,
jogging path, and four (4) tennis courts. At the May 2011 Commission meeting, the City Commission was, however,
receptive to consider relocating the four (4) hard surface tennis courts further west, adjacent to Pinetree Drive, as well as
incorporating the tot lot and water splash pad, consistent with the original Master Plan. The City conducted a subsequent
analysis of the potential relocation of these amenities. Staff concluded that these modifications may be feasible, but not
without modifications to the current golf course design resulting from the relocation of the tennis courts, tot lot, and
splash pad facility, and potential existing trees.
The Flamingo Park Master Plan, as approved and adopted by the City Commission on September 9,2009, recommended
the demolition of the existing Flamingo Park Tennis Center and construction of a new 5,000SF Tennis Center, with
seventeen (1 7) hydro courts. During the February 3,2010 Commission meeting, Dr. Rosann Sidener, the principal of Miami
Beach High School, as well as a number of parents of Miami Beach High School students, a representative of the Miami
Beach High PTA, and residents of the community, spoke and issued a unified request to include five (5) hard surface
tennis courts in the new Flamingo Park Tennis Center for use by the High School's Tennis Team. At its June 9, 2010
Commission Meeting, Commission voted to install twelve (12) clay courts and five (5) hard courts at Flamingo Park in lieu
of the seventeen (17) clay courts. City staff has, since then, met with Dr. Rosann Sidener and her staff, and they have
been receptive to including four (4) hard courts at the Par 3 location. The Miami Beach High School's receptivity to the
construction of the tennis courts at Par 3 Golf Course, triggered an opportunity for the City to proceed with the adopted
Flamingo Park Master Plan of seventeen (17) hydro courts immediately.
After thorough evaluation, the Administration recommends that the Par 3 Golf Course Scope of Work and the Flamingo
Park Project Tennis Center design remain as originally approved by the Commission in Resolution No. 2010-27407 (June
9,201 0) and Resolution No. 2009-271 90 (September 9,2009) respectively. The Par 3 re-design layout will include the four
(4) hard tennis courts, splash pad and tot-lot, located adjacent to Pine Tree Drive, serving the Middle Beach Community as
well as meeting the needs of the Miami Beach High School Tennis Team. The Flamingo Park Tennis Center, as currently
designed and permitted, includes seventeen (1 7) hydro courts, as per the originally adopted Master Plan Option "L".
Advisory Board Recommendation: I CIP Oversight Committee I
Financial Information:
I I I source of Amount Account Approved
City Clerk's Office Legislative Tracking:
Funds:
I'
OBPl
AM1 BEACH
I
Total
Financial lmoact Summarv:
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 Manager
DATE: June 1,201 1
BEACH, FLORIDA, PERTAINING TO THE PAR 3 GOLF COURSE AND THE FLAMINGO
PARK PROJECT TENNIS CENTER, AND RATIFYING PREVIOUSLY APPROVED
RESOLUTION NO. 201 0-27407, WHICH APPROVED AND ADOPTED THE RE-DESIGN
OF PAR 3 PROJECT PLAN, INCLUDING THE CONSTRUCTION OF FOUR (4) HARD
SURFACE TENNIS COURTS, TOT LOT, AND SPLASH PAD AND RATIFYING
PREVIOUSLY APPROVED RESOLUTION NO. 2009-27190, WHICH APPROVED THE
FLAMINGO PARK MASTER PLAN OPTION "L", AS AMENDED, INCLUDING THE
CONSTRUCTION OF SEVENTEEN (17) HYDRO COURTS AT THE PROPOSED TENNIS
CENTER.
INTRODUCTION
Par 3 Golf Course Re-design:
On March 31,2009, the City held a publicly advertised meeting at Miami Beach Senior High
School where three (3) options for the newly proposed Par 3 Golf course were presented
and explained in detail. After a thorough explanation of each alternative, the community
favored the "Refurbished nine (9) hole Par 3 Golf Course", which would retain a full nine-
hole golf course, as it exists today.
Following the input and recommendations from the residents and Bayshore Homeowners'
Association (BHA), at the commission meeting of October 14, 2009, the Mayor and City
Commission, authorized the Administration to issue an RFQ for the Design, Bid and Award,
and Construction Administration Services, for the re-design of the nine hole Par 3 Golf
Course. On November 2, 2009 the city issued RFQ No. 07-09/10 for Design and Bid /
Award Services and Construction Management Services for the Re-design of the Par 3 Golf
Course.
At the February 3,2010 meeting the City Commission approved the resolution No.2010-
27324 accepting the recommendation of the City Manager and authorizing the
administration to enter into negotiations with the top ranked firm of McCumber' Golf, Inc.
Following the negotiations the city was able to reach an agreement with McCumber Golf for
the re-design of the Par 3 on June 9, 2010.
On March 28, 201 1 a public meeting with the Bayshore residents was held at the Miami
Beach Golf Course Club house. The primary goal of this meeting was to present the
community with the final concept plan for the Par 3, which encompassed all the elements
that McCumber Golf, had been commissioned to provide in accordance with the approved
scope of work.
Commission Memorandum - Par 3 Golf Course
June I, 201 I
Page 2 of 3
Following McCumber's presentation, members of the community expressed concerns
regarding the implementation of the original scope of work specifically, the addition of the
proposed splash pad and a tot lot. The concern being, that these facilities would attract
children onto the Par 3 fairways, and which in turn might create potential safety hazard.
The BHA later presented a proposed plan that was indicative of the elements that the
residents would accept as part of the Par 3 Golf Course re-design. The plan suggested a
similar layout of the Par 3, inclusive of the lakes, jogging path and four tennis courts, as well
as 26 parking spaces along the front of the Hebrew Academy play area. However, the
proposed BHS plan did not include the incorporation of a tot lot, splash pad and associated
restroom facilities, and as such, this proposal would remain inconsistent with the originally
design and scope of work.
At the May 201 1 Commission meeting, the City Commission was, however, receptive to
relocating the four (4) hard surface tennis courts further west, adjacent to Pinetree Drive, as
well as incorporating the tot lot and water splash pad, consistent with the originally planned
scope of work. The City conducted a subsequent analysis of the potential relocation of these
amenities. Staff concluded that these modifications may be feasible, but not without changes
to the current golf course design resulting from the relocation of the tennis courts, tot lot, and
splash pad facility, and potential relocation of some existing trees. In this preliminary
analysis, staff anticipates that the increase in the size of the tot lot from small to medium
splash pad could potentially increase the contract budget by $250,000. Other potential
impacts may include the reduction in length of several holes, as well as added parking
spaces to accommodate the amenities. As part of the executed contract for the Scott Rakow
Remodeling and Renovation Project, adjacent to the future Par 3 Golf course, the City and
the contractor agreed that "should the construction manager at risk realize any savings from
the negotiated schedule of values, incorporated as part of the Guaranteed Maximum Price
(GMP), the City shall receive 75% of said savings". Per this agreement, the City has
received project savings totaling $171,555.00. The residual savings rom the Scott Rakow
Remodeling and Renovation Project will be part of a future appropriation to the Par 3 project
as part of the FY 201 1/12 Capital Budget process.
It is important to underline that the scope of work for the Par 3 would remain as originally
adopted in Resolution No. 2010-27407, (June 9,2010). This original scope included the
incorporation of two (2) to five (5) tennis courts; public restrooms; a jogging trail around the
perimeter of the site; a small tot lot; a splash pad; a grove of flowering1 fruit trees as well as
lakes which would act as natural habitat reservoirs and as a drainage basins and irrigation
systems for the Golf Course. The location of the tennis courts (now 4), tot lot, and the splash
pad are proposed to be on east side of the site, on the Pinetree Drive side, between the
Hebrew Academy and the Mikvah (see Attachment "A showing 4 tennis courts).
Flamingo Park Master Plan and Tennis Center:
On March 27,2008 Wolfberg Alvarez and Partners (WA) was originally retained to prepare a
Master Plan for Flamingo Park. The Master Plan, approved by the Historic Preservation
Board (HPB) on November 12, 2008, recommended demolition of the existing Flamingo
Park Tennis Center as well as the construction of a new 5,000 SF Tennis Center (among
other capital improvements to the Park infrastructure).
On September 9, 2009, the City Commission adopted Resolution No. 2009-271 90, which
included the amended Master Plan Option "L", which included the following:
A new 4,232 square-foot Tennis Center facility inclusive of public restrooms, multi-
purpose room, concession and pro-shop, office for City staff, men's and women's
locker rooms including restroom and shower facilities exclusively for the tennis
players, and maintenance shop and storage room;
Commission Memorandum - Par 3 Golf Course
June 1,201 I
Page 3 of 3
Please refer to Attachment "B" for a complete illustration of the proposed Tennis Center.
Subsequently, during the February 3, 2010 Commission meeting, a discussion was held
concerning the number and composition of tennis courts to be constructed at the Flamingo
Park Tennis Center. During this discussion Dr. Rosanne Sidener, the principal of Miami
Beach High School, as well as a number of parents of Miami Beach High School students, a
representative of the Miami Beach High PTSA, and residents of the community spoke and
issued a unified request to include five (5) hard surface tennis courts in the new Flamingo
Park Tennis Center for use by the High School's Tennis Team. The majority of high-school
tennis matches in the State of Florida are played on hard surface tennis courts, and all four
(4) classifications of the FHSAA state championship tennis final tournaments are played on
only hard surface tennis courts.
City staff since then has met with Dr. Rosanne Sidener and her staff, and they have been
receptive to including four (4) hard courts at the Par 3 location, favoring its new proposed
location better than the Flamingo Park by virtue of their proximity to the Miami Beach High
School. Dr. Sidener has requested; however, that said Tennis Facilities be given the
opportunity of a set schedule for varsity tennis practice and tournaments. For pre-season
practice, November through January, Mondays, Wednesdays and Fridays, between the
hours of 3:OOPM and 5:30PM. For practice and hosting tournaments, January through April,
on Mondays through Fridays, from 3:OOPM to 5:30PM. The School would also request that
proper signage be provided in the park to advise the residents of these aforementioned
school activities and hours. A separate Memorandum of Understanding between the City
and the Miami Beach High School will be developed for the use of the future Par 3 Tennis
Center at a later date.
The Miami Beach High School's receptivity to the construction of the tennis courts at Par 3
Golf Course triggers an opportunity for the City to proceed with the adopted Flamingo Park
Master Plan of seventeen (1 7) hydro courts immediately. The Administration is currently
seeking approval from the City Commission, via separate Commission item, to issue a
Request for Qualifications (RFQ) for a Construction Manager at Risk (CMR) firm to provide
pre-construction services and construction phase services, via a Guaranteed Maximum
Place (GMP) Amendment, for the Flamingo Park Tennis Center Project.
CONCLUSION
After thorough evaluation, the Administration recommends that the Par 3 Golf Course Scope
of Work and the Flamingo Park Project Tennis Center design remain as originally approved
and adopted by the Commission through Resolution No. 201 0-27407 (June 9,201 0) and
Resolution No. 2009-27190 (September 9, 2009) respectively with the inclusion of an
increased medium tot lot facility.
The Par 3 redesign layout will include the four (4) hard tennis courts, small splash pad , a
medium tot-lot and parking. These amenities will be located adjacent to Pine Tree Drive and
will serve the Middle Beach Community as well meet the needs of the Miami Beach High
School Tennis Team as requested.
The Flamingo Park Tennis Center, as currently designed and permitted, would now include
ro courts, as per the originally adopted Master Plan Option "L".
T:WGENDA\2011\6-01-1 l\Par 3 and Flamingo Park Master Plan.doc
Alternate Starter Shack
"SURVEY PORTION OF THE
PAR 3 MUNICIP/\L
GOLF COURSE"
PROVIDCD BY CITY Oi MIAMI BCACIi
DATED 03/20/1995
Miami Beach Par-3 - Play and Tennis C~ncept on East Side of Property
Scale: 1" = 50' McCumber GoLf, lnc.
"ATTACHMENT A"
RESOLUTIONS TO BE SUBMITTED
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MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
/'
FROM: Jorge M. Gonzalez, City Manager
DATE: June 1,201 I
SUBJECT: Discussion of Viability Of Storing City Directed Towed Vehicles on Terminal Island.
BACKGROUND
At the April 13, 2011 meeting, the City Commission discussed this topic during the
Committee of the Whole Meeting. A motion was made instructing the Administration to study
the following items and bring back findings to the City Commission in two months:
1. Continue to analyze the possibility of providing towed vehicle storage on Terminal lsland
2. Refine costs to do the towing storage on Terminal lsland
3. Review the site to see if it is possible to move more than just the City tows.
4. Review traffic circulation patterns.
5. Check what other cities are doing with booting.
6. Explore the possibility to lease additional land from Fisher lsland Holdings
7. Notify the neighborhoods involved; Palm, Star and Hibiscus Islands and the South of Fifth
neighborhoods.
8. Study the impact to the entrance of Miami Beach as a result of this move.
9. Evaluate the impacts to beautification of entrance to Miami Beach
TERMINAL ISLAND
Terminal lsland is located at the Eastern end of the MacArthur Causeway. The United States
Coast Guard Base is connected to Terminal lsland via a small bridge on the eastern end of
the island. There are
three property owners on
Terminal Island. The City
of Miami Beach parcel is
located roughly on the
center of the Island.
Fisher lsland Community
Association Inc. owns
the parcel to the east of
the City parcel. This
parcel contains the Sun
Terminal shipping
containers operations
and surface parking for
Fisher Island. Florida
Power and Light owns
the parcel to the west of
the City parcel. The
Fisher lsland Feny
Terminal is located on
the western most end of
Agenda Item a9 F
Date
Commission Memorandum
Discussion of Viabilify Of Storing Cify Directed Towed Vehicles on Terminal Island.
June I, 201 1 Page 2
the island. This parcel is owned, according to the Property Appraiser's records, by Fisher
Island Holdings, LLC.
The City property includes the entire Fleet Management Division operations and portions of
the Sanitation Division operations. The City's site is irregularly shaped. There are four major
structures on the site:
Building #I - Fleet Admin, Warehouse, 7 Mechanic bays (2 are double deep) and
employee lunch area
Building #2, 1st Floor - Heavy Equipment Shop 10 bays (or 4 doubles and 2 singles)
Building #2, 2nd Floor - Fleet Office Space, Storage, Locker Rooms, IT LAN and
Police Dept Special Unit
Building #3, 1st Floor - Sanitation Warehouse, 5 Mechanic Bays
Building #3,2nd Floor - Sanitation Offices, Sanitation Locker Rooms
Building #4 - Originally the Electrowave Building. Currently used for up-fitting
vehicles and equipment and Storage.
As discussed during the Committee of the Whole meeting, there is a possibility to include a
structure that would contain mechanical lifts for the purpose of storing towed vehicles on this
site. The optimum location would be along the east property line just north of building #3.
The structure could hold between eighty and one hundred vehicles utilizing 40 to 50
mechanical lifts set up in a tandem position. In order to segregate the towing operation from
the rest of the site, a new entrance would have to be created. More than likely, building #4,
the old electrowave charging station, will have to be demolished to improve circulation and
re-align the exit from the rest of the site. Due to the site's limitations, it is highly unlikely that
Commission Memorandum
Discussion of Viability Of Sforing City Directed Towed Vehicles on Terminal Island.
June I, 201 I Page 3
any other privately towed vehicles could be accommodated on site. Indeed, during events of
high towing activity, overflow storage would have to be accommodated in another location.
This and other issues associated with the irregular shape of the site, the constrained
operations for the City's Fleet and Sanitation operations and the introduction of a towing
facility indicate that a site facility needs analysis should be performed. This study will further
explore the feasibility of the towing facility on Terminal Island as well as the space needs of
the existing operations on the City's property.
Estimated Construction Costs
The CIP Office has prepared the following construction cost estimates:
Steel building 21 5' X 33' $355,000.00
Klaus Lifts (50) $400,000.00
Pilings (80) @ $1,000.00 ea $80,000.00
Electrical $80,000.00
150 sq ft. office (Air Conditioned) $1 4,000.00
ADA restroom $9,000.00
6 inch reinforced floor slab 7100 sqlft $55,000.00
CONSTRUCTION ESTIMATE $993,000.00
Construction contingency 10%
Sub Total
Design fees at 10%
TOTAL WITH FEES
This estimate does not take into consideration any permitting fees, site preparations,
demolition, or other improvements that may be required to accommodate the towing
operation on the site. The Design Review process may also affect the cost of construction as
well as other improvements to traffic circulation. Additional costs may be incurred if
enhancements or other beautification projects are required to minimize the impact of the
additional intensity of the City's property.
The estimated additional costs for demolition, site improvements and other enhancements
could increase the cost by $300,000 depending on the amount of site enhancements
desired.
Traffic Analvsis
The following is based on information gathered from a six months period beginning on
October 2, 2010 and ending on March 31, 201 1. There were a total of 5,527 City directed
tows in this time frame.
- Based on a 2009 traffic study by a private consultant, the intersection of Terminal
Island and MacArthur Causeway performs at LOS F which is not acceptable.
Total
Average
Mean
Mode
All Days
5,527
30
25
19
Weekday
2,943
23
20
19
Weekend
2,584
50
44
48
Commission Memorandum
Discussion of Viabilify Of Storing Cify Directed Towed Vehicles on Terminal Island.
June I, 201 I Page 4
- A traffic study is recommended to assess the impacts of the proposed location of a
towing storage facility to the area. The study should ideally include consideration of the
accessibility of the site to other modes such as transit, bicycle, etc, the Coast Guard Base as
well as the Fisher Island ferry.
- Internal circulation should be taken into consideration for the towing storage facility in
relation to the adjacent area. Impacts of the proposed site circulation should also be
accounted for. - The entire MacArthur Causeway corridor from Star Island to Alton Road should be
reviewed and analyzed. The intersection of Alton at Fifth is also performing at LOS F. FDOT
is planning on major streetscape and drainage improvements for Alton Road and for Fifth
Street; neither of those projects help to improve traffic. The potential development of the
former South Shore Hospital site could also contribute to increased traffic. With over 90,000
average daily trips entering the City from the Causeway, it is likely that this intersection will
continue to deteriorate and could cause impacts on the ability for tow trucks to access the
site efficiently, and for customers to conveniently reach the site. - Staff is working on obtaining additional traffic data regarding the volume of trips
generated by the existing towing storage facilities at their current location. Staff should then
be able to determine a trip generation rate that could be utilized as part of the analysis for the
traffic study that is recommended.
Based on preliminary analysis, due to the constraints of the site configuration, the existing
activities on the site and the additional volume of storage space required, private towed
vehicles could not be accommodated on this parcel.
Vehicle Immobilizations "Booting"
The City Commission requested that the Administration explore the possibility of using a
vehicle immobilization device or "booting system" to decrease the number of vehicles towed.
Staff has gathered information from the cities of St. Petersburg, Orlando, and Tampa Florida
as well as San Francisco, Ca and Philadelphia, Pa.
A vehicle "boot" is a device typically made of welded steel which may be attached to one of
wheels of a vehicle rendering it immobilized. An iiimmobilization notice" must be
conspicuously placed on the vehicle warning the vehicle operator that moving the vehicle
while the "boot" is engaged may cause damage to the vehicle. Additional information such as
the name and contact information for removal of the boot must also be provided on the
notice as well as the appropriate disclaimers.
Vehicles may be booted andlor towed for one of three (3) types of violations. They are: (1)
prohibited parking - fire hydrants, crosswalks, etc.; (2) restricted parking - permitted parking
areas with restrictions such as residential parking zones, disabled spaces, etc.; and (3)
"scofflaws" - vehicles with five or more outstanding parking citations or one (1) outstanding
disabled parking citation. Towing is a common practice to remedy prohibited and restricted
parking as the removal of the vehicle cures the violation. In other words, the violation is
cured when the vehicle is removed (towed) from blocking a crosswalk and pedestrian
accessibility is restored or a violator of a disabled parking space is removed (towed) and the
parking space is then made available to a legitimate disabled parking permit holder. On the
other hand, booting immobilizes the vehicle. In the case of prohibited parking, the public
safety hazard remains a hazard until the vehicle is either released of the boot to the rightful
owner or subsequently towed. In the case of restricted parking, the authorized user of the
parking space gains no relief, as again, the vehicle remains immobilized in place. Therefore,
booting is the least effective enforcement tool for prohibited andlor restricted parking.
Commission Memorandum
Discussion of Viability Of Storing City Directed Towed Vehicles on Terminal Island.
June 1,201 1 Page 5
Booting may be a viable enforcement tool in the enforcement of scofflaws. Scofflaws are
vehicles that may be legally parked but have sufficient outstanding parking citations to
warrant an order by a magistrate to boot andlor tow the vehicle. Under this circumstance,
the booting of vehicles provides a method to promote compliance. The placement of a boot
prevents the vehicle from being moved until all outstanding citations are satisfied and a fee
for the booting is assessed. This fee must be satisfied prior to release of the boot. The
Miami Beach City Code regulates booting and its fees. Currently, the maximum allowable
rate for booting is $25.00.
Booting Operations can be quite challenging and usually is performed by two individuals.
The operation can often lead to confrontation between the booting operator and the vehicle
owner.
Lastly, booting may still lead to towing. Booting operations are recommended to take place
during daylight hours. The operational challenges described above have an increased risk
factor at night; therefore, vehicles that are booted throughout the day should then be towed
to a storage yard if the vehicle owner does not make contact to have the boot removed in the
allotted time (typically before nightfall or to be determined). The vehicle may then be towed
to a storage yard and both the booting and towing fees may be assessed.
Additional Factors
The possibility of introducing a towing operation on Terminal Island may have an impact to
the surrounding area. This is one of the major entrances to the City and careful consideration
must be given to the impact a towing facility may have to the surrounding community as well
as the perception to visitors to our City. Staff has reached out to the Palm, Hibiscus and Star
Island Association as well as reaching out to the South Pointe neighborhoods in order to
keep them apprised of these preliminary considerations relative to a towing operation on
Terminal Island.
As stated above, Fisher Island Community Association Inc. owns the adjacent property.
While there have been discussions in the past with the City relative to the development on
the site, as of the writing of this report, the City has not made contact with representatives of
the owners. It is hoped that by discussing development opportunities on their parcel, in the
context of the City adding additional operational needs a mutually beneficial solution may be
achieved.
CONCLUSION
Direct staff as to the desired policy direction and any further desired study or research.
JMGIJ a
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