20111019 BM OCRMIAMI BEACH
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
October 19,2011
Mayor Matti Herrera Bower
Vice-Mayor Edward L. Tobin
Commissioner Jorge R. Exposito
Commissioner Michael Gdngora
Commissioner Jerry Libbin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jorge M. Gonzalez
City Attorney Jose Smith
City Clerk Robert E. Parcher
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires
the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with
the City Commission, any City Board or Committee, or any personnel as defined in the subject
Code sections. Copies of the City Code sections on lobbyists laws are available in the City
Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the
Office of the City Attorney.
Special note: In order to ensure adequate public consideration, if necessary, the Mayor and City Commission
may move any agenda item to the alternate meeting date which will only be held if needed. In addition, the
Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all
agenda items.
Call to Order - 9:00 a.m.
Inspirational Message, Pledge of Allegiance
Requests for Additions, Withdrawals, and Deferrals
The City Commission will recess for lunch at approximately 1 :00 p.m.
Presentations and Awards
PA Presentations and Awards
Consent Agenda
C2 Competitive Bid Reports
C4 Commission Committee Assignments
C6 Commission Committee Reports
C7 Resolutions
Regular Agenda
R2 Competitive Bid Reports
R5 Ordinances
R7 Resolutions
R9 New Business and Commission
R10 City Attorney Reports
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.
Commission Agenda, October 19, 201 1
Presentations and Awards
PA1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The
Month For August, 201 1.
(Requested By Commissioner Jorge R. Exposito)
PA2 Certificates Of Recognition To Be Presented To Jean Joseph And Independent Living Community,
Inc., ParticipantlEmployer In UNIDAD1s Senior Placement Program.
(Requested By Commissioner Jonah Wolfson)
PA3 Proclamation To Be Presented To Calvary Chapel Miami Beach.
(Requested by Commissioner Jonah Wolfson)
PA4 Key To The City To Be Presented To Joshua Robert Stutzman For His Military Service.
(Requested by Commissioner Jerry Libbin)
PA5 Certificate Of Recognition To Be Presented To Sarah Moreno A Miami Beach Senior High
Student For Her Work Helping Her Peers Aim For College.
(Requested B.y Commissioner Michael Gongora)
PA6 Certificate Of Recognition To Be Presented To The Florida Green Home Design Group For Their
Green Initiatives On The 2020 Alton Road Project.
(Requested By Commissioner Michael Gongora)
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 - Competitive Bid Reports
C2A Request For Approval To Issue A Request For Proposals (RFP) For Security Guard Services.
(Parking/Police/Procurement)
Commission Agenda, October 19,201 1
C2 - Competitive Bid Reports (Continued)
C2B Request For Approval To Issue A Request For Qualifications (RFQ), Subject To The City's Partial
Termination For Convenience Of CH2MHILL Agreement For The Right-of-way (ROW) Infrastructure
Improvements Program Neighborhood No. 8 Bayshore And Sunset lslands Project (The Project); Said
RFQ For The Preparation Of A Design Criteria Package, Which Is Intended To Be A Design-Build
Contract; To Serve As The City's Representative During The Selection Of The Design-Build Firm For
The Sunset Islands 3 & 4 Row Project, Concerning The Evaluation Of The Responses Submitted By
The Design-Build Firms; Review And Approve For Compliance Of The Detailed Working Drawings For
The Project; And For Evaluation Of The Compliance Of The Project Construction With The Design
Criteria Package.
(Capital Improvement Projects)
C4 - Commission Committee Assignments
C4A Referral To Planning Board -An Amendment To The Short Term Rentals Ordinance That IncludesA
Clause For Time Extensions.
(Requested by Commissioner Jorge R. Exposito And LUDC)
(Legislative Tracking: Planning Department)
C4B Referral To Planning Board - The Height Regulation Exceptions Of The Land Development
Regulations To Permit Small Rooftop Wind Turbines, Up To 10 Feet Above The Main Roofline.
(Requested by Edward L. Tobin And Land Use & Development Committee)
(Legislative Tracking: Planning Department)
C4C Referral To Planning Board For Review And Comments - "Construction Parking Plan", Establishing
The Requirements For Construction Parking Plans.
(Requested by City Commission And Land Use & Development Committee)
(Legislative Tracking: Planning Department)
C4D Referral To The Finance And Citywide Projects Committee A Discussion Pertaining To The Issuance
Of A Request For Proposals (RFP) For Auditing Services For The City's Basic Financial Statements
Included In The City's Comprehensive Annual Financial Report (CAFR), Federal Grant Programs And
State Projects (OMB A-I 33 Single Audit), The Miami Beach Redevelopment Agency's Basic Financial
Statements (RDA), The Parking Systems Fund's (PSF) Financial Statements, The Miami Beach
Visitor And Convention Authority's (VCA) Financial Statements, The Miami Beach Convention Center,
As Managed By Global Spectrum, Financial Statements, The Children's Trust Program, The Building
Better Communities Bonds Program, And The Safe Neighborhood Parks And Bond Program (SNP).
(Finance Department)
C4E Referral To The Neighborhoods/Community Affairs Committee - Discussion To Consider Leaving The
Altos Del Mar Location As Passive Greenspace.
(Requested by Commissioner Jorge R. Exposito)
Commission Agenda, October 19, 201 1
C4 - Commission Committee Assignments (Continued)
C4F Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding An Ordinance
Amending City Code To Comply With The New State Law Preempting The Regulation Of The
Firearms To The State Of Florida.
(Requested by Commissioner Jerry Libbin)
C4G Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding A Proposal
For A Donation Of Art Pieces To Be Displayed On Lincoln Road.
(Requested by Commissioner Jerry Libbin)
C4H Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding The Ongoing
Store Front Damages And Graffiti Issues On Washington Avenue.
(Requested by Commissioner Michael Gongora)
C41 Referral To Land Use And Development Committee - Discussion Of The RM3 Regulations - . Concerning Attached And Detached Additions To Buildings In The Architectural District.
(Requested by Vice-Mayor Edward L. Tobin)
C4J Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding A Potential
Signage Program Establishing Miami Beach As A Hate Free Zone.
(Requested by Mayor Matti Herrera Bower)
C6 - Commission Committee Reports
C6A Report Of The Capital Improvement Projects Oversight Committee Meeting On September 12,201 1:
I) Attendance. 2) Review And Acceptance Of Minutes. 3) Discussion. 4) Presentations: 4a)
Cooperation Between Residents And Project Team On Sunset Islands I & II; 4b) Bandshell Park
Ribbon-Cutting. 5) Public Comments. 6) Old Business/Requested Reports: 6a) Status Report:
Normandy Isle Neighborhood; 6b) Status Report: Sunset Island I & II; 6c) Status Report: Sunset
Island Ill & IV; 6d) Status Report: Palm & Hibiscus Island Undergrounding; 6e) Status Report: Lower
North Bay Road; 6f) Status Report: Venetian Island; 6g) Status Report: Flamingo Park Project; 6h)
Status On The Stormwater Master Plan.
C6B Report Of The Land Use And Development Committee Meeting On September 21,201 1 : 1) Short-
Term Rental Ordinance Enforcement. 2) Discussion On Including A Clause For Exceptions In The
Short Term Rentals Ordinance. 3) An Ordinance Amending Chapter 14 "Building Regulations" Of The
City Of Miami Beach Code Of Ordinances, By Adding Section 14-72 To Be Titled "Construction
Parking Plan", Establishing The Requirements For Construction Parking Plans; Amending AppendixA
By Creating A Construction Parking Plan Review Fee. 4) Discussion On The Parking Requirement
And How We Can lncentivize For Good Hotel Development. 5) Discussion On The De-Intensification
Of The 1-1 Light Industrial District. 6) Discuss Amending The Height Regulation Exceptions Of The
Land Development Regulations To Permit Small Rooftop Wind Turbines, Up To 10 Feet Above The
Main Roofline. 7) Discussion On Artificial Grass At Hotels And Homes And The Planning Department
Procedure For Approving Same.
4
Commission Agenda, October 19,201 1
C6 - Commission Committee Reports (Continued)
C6C Report Of The Finance And Citywide Projects Meeting On September 26, 201 1: 1) Follow up:
Discussion Regarding The Miami Beach Festival Of The Arts And Potentially Contracting With A
Professional Art Festival Company To Produce The Festival For The City. 2) Discussion Regarding A
Proposed Ordinance On Ethics Guidelines For Acceptance Of Gifts, Favors, Or Services By City
Employees. 3) Discussion Regarding Security Alliance. 4) Discussion Regarding 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. 5) Discussion Regarding The Proposed Inter-Local Agreement Between Miami-Dade County
And The City Of Miami Beach For The Provision Of A Bi-Directional Transit Circulator Route Service
Known As The "South Beach Local." 6) Discussion Pertaining To The Issuance Of The Request For
Proposals (RFP) For The Comprehensive Professional Tennis Management And Operations Services
At The City's Flamingo Park And North Shore Tennis Centers. 7) Discussion Regarding Authorizing
The City Manager To Negotiate And Enter lnto Temporary Licensing-Use Agreements With
Contractors Requiring The Use Of City-Owned Property For The Purpose Of Staging And/or Storage
Of Construction Equipment In Connection With City Or Privately Funded Construction Projects. 8)
Discussion Concerning City Fees And Charges For Gay Pride 2012. 9) Discussion Regarding
Reducing The Bills Penalty From 10% To 5%. 10) Discussion Regarding The Catering And
Concession Agreements For The Miami Beach Convention Center. I I) Discussion Pertaining To
Providing Outdoor Seating On City-Owned Space Adjacent To Cinematheque Theater At Historic City
Hall. 12) Discussion Regarding Possible Refunding Of General Obligation Bonds Of Series 2000.13)
Discussion Authorizing The City To Enter lnto An Energy Audit And Permitting Agreement With
Ameresco To Provide A Detailed Engineering Study And Energy Savings Calculations With
Guaranteed Payback Related To The Feasibility Of Construction And Operation Of A Water
Reclamation Plant For The Irrigation Of The Miami Beach Golf Course. 14) Discussion Regarding
Amendments To The Recycling Ordinance.
C6D Report Of The Neighborhoods/Community Affairs Committee Meeting On September 1, 201 1: 1)
Status Report Of Sunrise Plaza, 2) Discussion Regarding The Interim Traffic Calming Plan For La
Gorce And Pinetree Drives, 3) Discussion Regarding An Ordinance Amending Chapter 2, Article Ill,
Division 26, Sections 2-1 90.107 And Section 2-1 90.1 10 Of The City Code, Establishing The City's
Community Development Advisory Committee, To Amend The City Affiliation Requirements For
Membership On The Community Development Advisory Committee; Providing For Repealer,
Severability, And Effective Date.
Commission Agenda, October 19,201 1
C6 - Commission Committee Reports (Continued)
C6E Report Of The NeighborhoodsICommunity Affairs Committee Meeting On October 6, 201 1: 1)
Discussion Regarding Banning Or Restricting Smoking On Some Or All Of The City's Beaches, 2)
Progress Report Regarding The Lack Of Accessibility Of The City's Website To The Disabled, 3)
Discussion Of Viability Of Storing City Towed Vehicles On Terminal Island, 4) Discussion Regarding
An Ordinance Amending Procedures To Provide Local Preference To Miami Beach-Based Vendors In
The Award Of Contracts For Goods And General Services, By Amending Chapter 2 Of The City Of
Miami Beach Entitled, "Administration," By Amending Article VI Thereof Entitled, "Procurement," By
Amending Division 3 Entitled, "Contract Procedures," By Amending Section 2-372 Thereof; Providing
For Codification, Repealer, Severability, And An Effective Date. Discussion To Also Include Giving
Preference In The Renewal Of Contracts To Companies That Hire Miami Beach Residents, 5)
Discussion Regarding An Ordinance Implementing Procedures To Provide A Vendor Preference In
The Award Of Contracts For Goods And Contractual Services, To Florida Small Businesses Owned
And Controlled By Veterans And To State-Certified Service-Disabled Veteran Business Enterprises
By Amending Chapter 2 Of The Code Of The City Of Miami Beach Entitled, "Administration," By
Amending Article VI Thereof Entitled, "Procurement," By Amending Division 3 Entitled, "Contract
Procedures," By Creating Section 2-374; Providing For Codification, Repealer, Severability, And An
Effective Date, 6) Discussion Regarding Changes Made To The Disability Access Committee.
(Memorandum to be Submitted in Supplemental)
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit Grant
Applications To: 1) Miami-Dade County Homeless Trust For Funding In The Approximate Amount Of
$64,000 For The City's Homeless Outreach Program; 2) Miami-Dade County Homeless Trust For
Funding From The HotelIMotel And Homeless Management Information System (HMIS) Programs In
An Approximate Amount Of $63,000 For The City's Homeless Outreach Program; 3) Miami-Dade
County Homeless Trust For Funding In The Approximate Amount Of $50,000 For Identification
Assistance Services For Homeless Individuals And Families: 4) U.S. Department Of Transportation,
Tiger (Transportation Investment Generating Economic Recovery) Program For Funding In The
Approximate Amount Of $1 0 Million For The Middle Beach Recreational Corridor; 5) Us Department
Of Homeland Security For Funding In The Approximate Amount Of $350,000 For The Urban Area
Security Initiative (UASI) Program; 6) State Of Florida, Division Of Historical Resources, Small
Matching Grant Program For Funding In The Approximate Of $1 0,000 For Funds To Prepare Design
Guidelines For MiMo Buildings; 7) The National Trust For Historic Preservation Modernism + Recent
Past Grant Program For Funding In The Approximate Amount Of $7,000 For The Planning
Department's Research And Design Program; And Approval To Execute Documents For A Grant
Renewal To: 8) The Children's Trust For Funding In The Approximate Amount Of $215,000 For The
City's Service Partnership (Success University) Program; Appropriating The Above Grants, Matching
Funds And City Expenses Related To The Above Projects As Necessary, If Approved And Accepted
By The City, And Authorizing The Execution Of All Documents Related To These Applications.
(Budget & Performance Improvement)
Commission Agenda, October 19,201 1
C7 - Resolutions (Continued)
C7B A Resolution Retroactively Approving And Authorizing The City Manager Or His Designee To Execute
A Federally Funded Subgrant Agreement, On Behalf Of Mount Sinai Medical Center Of Florida, lnc.,
(Mount Sinai), With The State Of Florida, Division Of Emergency Management (DEM), For Federal
Funding From The U.S. Department Of Homeland Security, Federal Emergency Management
Agency (FEMA), In An Amount Not To Exceed $750,000, For The Installation Of A Generator, Fuel
Tank, And Transfer Switches At Mount Sinai's Gumenick Ambulatory Surgical Center, With The
Aforestated Scope Of Work To Be Undertaken And Completed By Mount Sinai; Further Authorizing
The City Manager To Negotiate And Execute A Memorandum Of Understanding Between The City
And Mount Sinai, Whereby Mount Sinai Agrees To Be Solely And Completely Responsible For
Prosecuting And Completing The Aforestated Scope Of Work In Accordance With The Terms And
Conditions Of The Subgrant Agreement (As If It Were A Party Thereto), And Whereby Mount Sinai
Further Agrees To Indemnify And Hold The City Harmless From Any Liability Under The Subgrant
Agreement.
(Budget & Performance Improvement)
C7C A Resolution Accepting The Recommendation Of The City Manager, Pursuant to Request For
Qualifications (RFQ) No. 30-1011 1, For A Constructability, Cost, And Value Engineering Services;
Authorizing The Administration To Enter lnto Negotiations With The Four Top-Ranked Firms, Atkins
North America, Inc. (Formerly PBS&J), Construction Management Services, Inc., Craven Thompson
&Associates, Inc., And U.S. Cost, Jnc.; And Further Authorizing The Mayor And City Clerk To Execute
Agreements Upon Successful Completion Of Negotiations By The Administration.
(Capital lmprovement ProjectsIProcurement)
A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Request For
Qualifications (RFQ) No. 36-1011 1, For Resident Project Representative Service For Right-of-way
Improvements To Neighborhood No. 8 Bayshore (Package E) - Sunset Islands I & 11; And Authorizing
The Administration To Enter lnto Negotiations With The Top-Ranked Firm, Calvin, Giordano &
Associates, 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, Schwebke-Shiskin &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, Target Engineering Group, Inc.
(Capital lmprovement Projects/Procurement)
A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Request For
Qualifications (RFQ) No. 40-1011 1, For A Construction Manager At Risk Firm To Provide Pre-
Construction Services And Construction Phase Services Via A Guaranteed Maximum Price (GMP)
Amendment For The 6" And 53rd Street Restrooms Project; Authorizing The Administration To Enter
lnto Negotiations With The Top-Ranked Firm, Thornton Construction Company, 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, D. Stephenson
Construction, Inc.; And Further Authorizing The Mayor And City Clerk To Execute An Agreement For
Pre-Construction Services.
(Capital lmprovement Projects/Procurement)
Commission Agenda, October 19,201 1
C7 - Resolutions (Continued)
C7F A Resolution Rejecting All Bids Received Pursuant To Invitation To Bid (ITB) No. 39-1011 1, Right-Of-
Way Infrastructure lmprovement Program -Venetian Islands Bid Package 13C, And Authorizing The
Administration To Issue A New Bid For Said Project.
(Capital lmprovement ProjectslProcurement)
(Memorandum to be Submitted in Supplemental)
C7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Consent To
Assignment And First Amendment To Job Order Contract (JOC) No. 22-08/09, Between The City And
Gerrits Construction, Inc., Which Provides For Gerrits To Assign The JOC Contract To Coastland
Construction, Inc.
(Capital lmprovement Projects/Procurement)
C7H A Resolution Authorizing The Mayor And City Clerk To Execute A Joinder To The Declaration Of
Restrictive Covenant Between AR&J SOBE, LLC. And Miami-Dade County, Related To Completion
Of The Brownfield Site Remediation Activities.
(Economic Development)
A Resolution Accepting The Recommendation Of The City Manager Relative To The Ranking Of
Proposers, Pursuant To Request For Proposals (RFP) No. 18-1011 1 To Provide Electric Vehicle
Charging Stations For The City's Parking Facilities; Authorizing The Administration To Enter lnto
Negotiations With The Top-Ranked Firm Of Car Charging Group, Inc., And Should The
Administration Not Be Able To Negotiate An Agreement With The Top-Ranked Firm, Authorizing The
Administration To Negotiate With The Second-Ranked Firm Of IBI Group, Inc.; And Further
Authorizing The Mayor And City Clerk To Execute An Agreement Upon The Completion Of
Successful Negotiations By The Administration.
(Parking Department)
C7J A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Concession
Agreement Between The City And The Hertz Corporation, As The Successful Proposer Pursuant To
Request For Proposals No. 42-07/08, For The Implementation, Management, And Operation Of A
Shared Car Service Program; Said Agreement Having An Initial Term Of Five (5) Years, With A Five
(5) Year Renewal Term, To Be Exercised At The City's Sole Option And Discretion.
(Parking Department)
C7K A Resolution Retroactively Authorizing The Acceptance Of $20,154 In Cash Donations Made To The
City To Support The Parks And Recreation Department's Under 15 Traveling Soccer Team, To
Defray The Team's Travel Expenses To Decatur, Alabama On June 10-1 2,201 1, For The Regional
Youth Soccer President's Cup Championship, And To Des Moines, Iowa, On July 7-1 0,201 1, For The
National Youth Soccer President's Cup Championship; And Further Appropriating Such Funds For
The Payment Of Expenses lnto Account No. 01 1-0950-000353.
(Parks & Recreation)
Commission Agenda, October 19,201 1
C7 - Resolutions (Continued)
C7L Turf And Landscape Maintenance Services On MacArthur Causeway And Julia Tuttle Causeway
1. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute The Attached
Memorandum Of Agreement (MOA) With The Florida Department Of Transportation (FDOT)
For The Turf And Landscape Maintenance Services On 1-395 (MacArthur Causeway), From
The East Side Of Watson Island To The West Side Of East Channel Bridge, At An Annual
Cost Of $40,000 To Be Paid To The City By FDOT; Said Agreement Commencing On
November 1,201 1, And Concluding On October 31,2012, With An Option To Renew For Two
(2) Additional Years.
A Resolution Approving And Authorizing The Mayor And City Clerk To Execute The Attached
Memorandum Of Agreement (MOA) With The Florida Department Of Transportation (FDOT)
For The Turf And Landscape Maintenance Services On 1-1 95 (Julia Tuttle Causeway), From
The East Of The lntracoastal Bridge, To Alton Road, At An Annual Cost Of $260,000, To Be
Paid To The City By FDOT; Said Agreement Commencing On November 10, 201 1, And
Concluding On November 9, 2012, With An Option To Renew For Two Additional Years.
(Parks & Recreation)
C7M Use Of Legal Nonconforming Commercial Building In Single-Family Districts
A Resolution Setting A First Reading Public Hearing To Consider Amending The Land Development
Regulations Of The City Code By Amending Chapter 11 8, "Administrative And Review Procedures,"
Article IX, "Nonconformances," Section 1 18-393 "Nonconforming Use Of Buildings;llAnd Chapter 142,
"Zoning Districts And Regulations," Article II, " District Regulations," Division 2, "RS-1, RS-2, RS-3,
RS-4 Single Family Residential Districts," To Permit An Existing Legal Nonconforming Commercial
Building To Be Used As A Child Care Center Or School As A Conditional Use.
(Planning Department)
C7N A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of
Proposals Pursuant To Request For Proposals (RFP) No. 19-1 011 1, For The Expansion Of The City's
E-Procurement System Of Solicitation Announcements And Document Fulfillment Services;
Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Proposer, The
Public Group, LLC; And Should The Administration Not Be Successful In Negotiating An Agreement
With The Top-Ranked Proposer, Authorizing Negotiations With The Second-Ranked Proposer, RFP
Depot LLC D/B/A BIDSYNC; And Further Authorizing The Mayor And City Clerk To Execute An
Agreement Upon Conclusion Of Successful Negotiations By The Administration.
(Procurement)
C70 A Resolution Approving And Authorizing The City Manager And City Clerk To Execute A License
Agreement With Environmental Systems Research Institute Inc (ESRI) For The Geographic
Information System (GIs); Said Agreement Having A Term Of Three (3) Years, Effective December 7,
201 1, Through December 7,2014, At An Annual Cost Of $50,000.
(Public WorksIProcurement)
C7P A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Interlocal
Agreement Between Miami-Dade County And The City Of Miami Beach For The Continued Provision
Of A Bi-Directional Transit Circulator Route Service Known As The "South Beach Local".
(Public Works)
Commission Agenda, October 19,201 1
C7 - Resolutions (Continued)
C7Q A Resolution Approving And Authorizing The Mayor And The City Clerk To Grant A Utility Easement
To Florida Power And Light At The Fire Station 2 (Building "A" Administration Building) For The
Installation And Maintenance Of A Conduit And A Transformer That Will Serve Building.
(Public Works)
C7R A Resolution Approving And Authorizing The Mayor And The City Clerk To Grant A Utility Easement
To Florida Power And Light At The Sunset Harbor Parking Garage And Retail Project For The
Installation And Maintenance Of Underground Conduit That Will Serve Building.
(Public Works)
A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of
Proposals Pursuant To Request For Proposals (RFP) No. 44-1011 1, For The Operation Of Snack
Vending Machine Concessions At Various City-Owned Properties And Facilities; Authorizing The
Administration To Enter Into Negotiations With The Top-Ranked Proposer, Bettoli Trading Corp
D/B/A Bettoli Vending; And Should The Administration Not Be Successful In Negotiating An
Agreement With The Top-Ranked Proposer, Authorizing Negotiations With The Second-Ranked , -
Proposer, Apex Vending Inc.; Further Authorizing The Mayor And City Clerk To Execute An
Agreement Upon Conclusion Of Successful Negotiations By The Administration.
(Real Estate, Housing & Community DevelopmentlProcurement)
C7T A Resolution Authorizing The Acceptance Of A Donated Green Buttonwood Tree From The Betsy
Hotel; Said Donation Made To The City In Support Of The Yoko Ono Wish Tree Project; Further
Authorizing The City Manager Or His Designee To Install Said Tree, With A Commemorative Plaque,
In Lummus Park, At 14'~ Street.
(Tourism & Cultural Development)
C7U A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement
Between The City Of Miami Beach And Strategic Advisory Group (SAG) Consulting Services Relative
To The Expansion And Enhancement Of The Miami Beach Convention Center Campus/District,
Pursuant To Request For Proposals (RFP) No 33-1011 1 In An Amount Not To Exceed $175,000,
Including All Reimbursable Expenses.
(Tourism & Cultural Development)
End of Consent Agenda
Commission Agenda, October 19, 201 1
REGULAR AGENDA
R5 - Ordinances
R5A Amendments To The Roofing Material Ordinance
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142, "Zoning Districts And Regulations", Article IV, "Supplementary
District Regulations", Section 142-875 "Roof Replacements" To Modify And Expand The
Requirements For Roofing Materials In All Districts; Providing For Repealer, Codification, Severability
And An Effective Date. 10:15 a.m. Second Reading Public Hearing
(Requested by City Commission)
(Legislative Tracking: Planning Department)
(First Reading on September 14, 201 1)
R5B Stay Of Work And Proceedings On Appeal
An Ordinance Amending The Land Development Regulations Of The City Code By Amending
Chapter 118, "Administrative And Review Procedures," Article II, "Boards," Division 5, "Board Of
Adjustment," Section 1 18-1 37, "Stay Of Work And Proceedings On Appeal," Clarifying And Amending
The Stay Provisions Applicable To Matters On Appeal To The Board Of Adjustment; Providing For
Repealer; Codification; Severability And An Effective Date. 10:20 a.m. Second Reading Public
Hearing
(Requested by Commissioners Edward L. Tobin, Jerry Libbin & Michael Gongora)
(Legislative Tracking: Planning Department)
(First Reading on July 13, 201 1)
R5C An Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By Amending
Section 10-1 1, Entitled "Running At Large Prohibited" By Extending The Pilot Program Off-Leash
Area For Dogs In South Pointe Park Until January 1, 2012 And By Adding Two (2) Hours In The
Evening From 5:00 P.M. To 7:00 P.M. On Monday Through Friday; And Providing For Repealer,
Severability, Codification, And An Effective Date. 10:25 a.m. Second Reading Public Hearing
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: Parks & Recreation)
(First Reading on September 14, 201 1)
Commission Agenda, October 19, 201 1
R5 - Ordinances (Continued)
R5D Minimum Unit Size And Parking Requirements For Affordable Housing Projects
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 130 "Off-
Street Parking," Section 130-32 "Off-Street Parking Requirements For Parking District No. 1 ," And
Section 130-33 "Off-Street Parking Requirements For Parking Districts Nos. 2, 3, And 4," By Adding I
Parking Requirements For Housing For Low And/or Moderate lncome Non-Elderly Persons; Chapter
142 "Zoning Districts And Regulations," By Amending Article IV. "Supplementary District Regulations,"
By Amending Division 6. "Housing For Low And/or Moderate lncome Elderly Persons," By Including
Non-Elderly Persons In The Regulations; Amending Section. 142-1 181, "Purpose," Section 142-1 182
"Definitions," Section 142-1 183, "Unit Size," And Section 142-1 184 "Mandatory Criteria;" Amending
Division 3. "Residential Multifamily Districts," Subdivision II. "RM-1 Residential Multifamily Low
Intensity," Subdivision IV. "RM-2 Residential Multifamily, Medium Intensity," Subdivision V. "RM-3
Residential Multifamily, High Intensity," Division 4. "CD-1 Commercial, Low lntensity District," Division
5. "CD-2 Commercial, Medium lntensity District," Division 6. "CD-3 Commercial, High lntensity
District," And Division 18. "PS Performance Standard District," By Including References To Division 6.
"Housing For Low And/or Moderate lncome Non-Elderly And Elderly Persons." Providing For
Repealer, Severability, Codification And An Effective Date. 10:30 a.m. Second Reading Public
Hearing >.
(Requested by Land Use and Development Committee)
(Legislative Tracking: Planning Department)
(First Reading on September 14, 201 1)
R5E Recycling Ordinance
An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled "Solid Waste," By
Amending The Definitions In Article I, Entitled "In General," By Amending Section 90-2, Entitled
"Definitions"; By Amending Article II, Entitled "Administration" By Amending The Penalties For Solid
Waste Violations And To Provide Provisions And Penalties Relative To Recycling For Multifamily
Residences And Commercial Establishments; By Creating Article V, To Be Entitled "Citywide
Recycling Program For Multifamily Residences And Commercial Establishments," To Provide
Provisions For Recycling Requirements And Enforcement, A Public Education Program, A Warning
Period, An Enforcement Date, Collector Liability, A "Red Tag" Noticing System, Penalties, And
Special Master Appeal Procedures; Providing For Repealer, Severability, Codification, And An
Effective Date. 10:35 a.m. Second Readinn Public Hearing
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: Public Works)
(First Reading on July 13, 201 IIReferred to FCWP)
R5F An Ordinance Deleting Section 2-27 Of The Miami Beach Code, Entitled "Commission Committee
Draft Minutes - City Commission Approval;" Creating A New Section 2-1 3 Of The City Code, Entitled
"Commission Committee Draft Minutes - City Commission Approval;" Providing For Codification,
Repealer, Severability, And An Effective Date. First Reading
(Requested by Commissioner Edward L. Tobin)
(Legislative Tracking: City Attorney's Office)
Commission Agenda, October 19, 201 1 ;;
R5 - Ordinances (Continued)
R5G An Ordinance Amending Chapter 2, Article Ill, Division 26, Sections 2-1 90.1 07 And 2-1 90.1 10 Of The
City Code, Establishing The City's Community Development Advisory Committee, To Amend The City
Affiliation Requirements For Membership On The Community Development Advisory Committee;
Providing For Repealer, Codification, Severability, And An Effective Date. First Reading
(Requested by Commissioner Deede Weithorn)
(Legislative Tracking: Real Estate, Housing & Community Development)
R7 - Resolutions
R7A A Resolution Authorizing The City Manager, Or His Designee, To Select, Negotiate, Award And
Reject All Bids, Contracts, Agreements, Purchase Orders, Change Orders And Grant Applications;
Renew Existing Contracts Which May Expire; And Terminate Existing Contracts, As Needed, From
The Last Commission Meeting On October 19, 2011, Until The First Regularly Scheduled
Commission Meeting On December 14,201 1, Subject To Ratification By The City Commission At Its
First Regularly Scheduled Meeting On December 14, 201 1. Joint Citv Commission And ,
Redevelopment Aaencv
(Procurement)
R7B A Resolution Granting A Revocable Permit For Comco LLC, Owner Of The Property Located At 701
Lincoln Road, For A Proposed Fixed Canopy That Extends Approximately Six Feet One Inch (6'-1")
Over And lnto The Public Right Of Way On Lincoln Road Mall. 10:45 a.m. Public Hearing
(Public Works)
R7C A Resolution Granting A Revocable Permit For 420 Lincoln Road Development Group Inc, Owner Of
Lincoln East Garage Located At 420 Lincoln Road, For The Proposed Mid-Tensioned, Removable
HPDE Metal Mesh That Extends Approximately Five Feet Six Inches (5'-6") Over And lnto The Public
Right Of Way On 16'~ Street And Drexel Avenue. 10:50 a.m. Public Hearing
(Public Works)
Commission Agenda, October 19, 201 1
R7 - Resolutions (Continued)
R7D A Resolution Authorizing The Issuance Of (I) Not To Exceed $54,000,000 In Aggregate Principal
Amount Of City Of Miami Beach, Florida Stormwater Revenue Bonds, Series 2011A, For The
Principal Purpose Of Paying The Cost Of Certain Improvements To The Stormwater Utility, Pursuant
To Section 209 Of Resolution No. 2000-24127 Adopted By The City On October 18, 2000, And (11)
Not To Exceed $28,000,000 In Aggregate Principal Amount Of City Of Miami Beach, Florida
Stormwater Revenue Refunding Bonds, Series 201 1 B, For The Principal Purpose Of Refunding All Or
A Portion Of The City's Outstanding Stormwater Revenue Bonds, Series 2000, Pursuant To Section
210 Of Said Resolution No. 2000-24127; Providing That Said Series 201 1 Bonds And Interest
Thereon Shall Be Payable Solely As Provided In Said Resolution No. 2000-241 27; Providing Certain
Details Of The Series 201 1 Bonds; Delegating Other Details And Matters In Connection With The
Issuance Of The Series 201 1 Bonds And The Refunding Of The Bonds To Be Refunded To The
Mayor, Within The Limitations And Restrictions Stated Herein; Appointing Underwriters, A Bond
Registrar, An Escrow Agent And A Disclosure Dissemination Agent; Authorizing The Negotiated Sale
Of The Series 201 1 Bonds And Approving The Form Of And Authorizing The Execution Of A Bond
Purchase Agreement; Authorizing And Directing The Bond Registrar To Authenticate And Deliver The
Series 201 1 Bonds; Approving The Form Of And Distribution Of A Preliminary Official Statement And
An Official Statement And Authorizing The Execution Of The Official Statement; Providing For The
Application Of The Proceeds Of The Series 201 1 Bonds And Creating Certain Funds, Accounts And
Subaccounts; Authorizing A Book-Entry Registration System With Respect To The Series 201 1
Bonds; Authorizing The Refunding, Defeasance And Redemption Of The Bonds To Be Refunded And
Approving The Form Of And Authorizing The Execution And Delivery Of An Escrow Deposit
Agreement; Covenanting To Provide Continuing Disclosure In Connection With The Series 201 1
Bonds And Approving The Form Of And Authorizing The Execution And Delivery Of A Continuing
Disclosure Agreement; Authorizing Officers And Employees Of The City To Take All Necessary
Related Actions; And Providing For An Effective Date. 11 :00 a.m. Second Public Hearing
(Finance Department)
(First Public Hearing on September 27, 201 1)
Commission Agenda, October 19,201 1
R7 - Resolutions (Continued)
R7E A Resolution Authorizing The lssuance Of Not To Exceed $67,000,000 In Aggregate Principal
Amount Of City Of Miami Beach, Florida General Obligation Refunding Bonds, Series 201 1, For The
Purpose Of Refunding All Or A Portion Of The City's Outstanding Series 2000 General Obligation
Bonds AndlOr All Or A Portion Of The City's Outstanding General Obligation Bonds, Series 2003;
Providing That Such General Obligation Refunding Bonds Shall Constitute General Obligations Of
The City And That The Full Faith, Credit And Taxing Power Of The City Shall Be Irrevocably Pledged
For The Payment Of The Principal Of And The Interest On Such General Obligation Refunding
Bonds; Making Certain Covenants And Agreements In Connection Therewith; Providing Certain
Details Of The Bonds; Delegating Certain Matters In Connection With The lssuance Of The Bonds To
The Mayor; Authorizing The Negotiated Sale Of The Bonds To The Underwriters; Approving The
Form Of And Authorizing The Execution And Delivery Of A Bond Purchase Agreement; Authorizing
The Refunding, Defeasance, Prepayment And Redemption, As Applicable, Of The Refunded Bonds;
Approving The Form Of And Authorizing The Execution And Delivery Of An Escrow Deposit
Agreement And Appointing An Escrow Agent; Appointing A Paying Agent And A Bond Registrar;
Providing For A Preliminary Official Statement And Authorizing The Execution Of An Official
Statement; Covenanting To Provide Continuing Disclosure In Connection With The Bonds In
Accordance With Securities And Exchange Commission Rule 15C2-12 And Approving The Form Of - . And Authorizing The Execution And Delivery Of A Disclosure Dissemination Agent Agreement With
Respect Thereto And Appointing A Disclosure Dissemination Agent Thereunder; Approving The Form
Of And Authorizing The Execution And Delivery Of Gulf Breeze Loan Amendments; Authorizing A
Book-Entry Registration System For The Bonds; Authorizing Certain Officials And Employees Of The
City To Take All Actions Required In Connection With The lssuance Of Said Bonds; And Providing An
Effective Date.
(Finance Department)
R7F A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Request For
Qualifications (RFQ) No. 41-1011 1, For A Construction Manager At Risk Firm To Provide Pre-
Construction Services And Construction Phase Services Via A Guaranteed Maximum Price (GMP)
Amendment For The Par 3 Golf Course Project; Authorizing The Administration To Enter Into
Negotiations With The Top-Ranked Firm Of QGS Development, Inc.; And Should The Administration
Not Be Able To Negotiate An Agreement With The Top-Ranked Firm, Authorizing The Administration
To Negotiate With The Second-Ranked Firm Of The Weitz Company; 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, Ryangolf Corporation.
(Capital Improvement ProjectslProcurement)
(Related to RSG)
(Memorandum to be Submitted in Supplemental)
Commission Agenda, October 19,201 1
R9 - New Business and Commission Requests
R9A Board And Committee Appointments. (Page)
(City Clerk's Office)
R9A1 Board And Committee Appointments - City Commission Appointments. (Page)
(City Clerk's Office)
R9A2 Nomination Of Brian Ehrlich To The Capital Improvement Oversight Committee For The (C3)
Developer Chair.
(Requested by Commissioner Jorge R. Exposito)
R9A3 Appointment Of Peter Chevalier For Commissioner To The Housing Authority
(Requested by Mayor Matti Herrera Bower)
R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) (Page)
R9B2 Dr. Stanley Sutnick Citizen's Forum. (530 p.m.)
R9C Discussion Regarding The en ovation Of The Flamingo Park Youth Softball (And Soccer) Field
Restroom/Flamingo Park Master Plan.
(Requested By Vice-Mayor Edward L. Tobin)
(Deferred from September 14, 201 1)
R9D Discussion Regarding An Ordinance Which Prohibits Docking On City Owned Property, Specifically
Seawalls.
(Requested by Commissioner Deede Weithorn)
R9E Discussion Regarding A Resolution Adding LGBT Issues As A Non-Priority Issue On The City's
Tallahassee Lobbying Agenda.
(Requested by Commissioner Deede Weithorn)
R9F Discussion Regarding Police Chief Recruitment.
(Requested by Vice-Mayor Edward L. Tobin)
R9G Discussion On A Settlement Agreement With The Bayshore Homeowners Association Concerning
The Par 3.
(City Attorney's Office)
(Related to R7F)
(Memorandum to be Submitted in Supplemental)
R9H Discussion Regarding Resident Energy Efficiency Program.
(Requested by Commissioner Jorge R. Exposito)
Commission Agenda, October 19,201 1
R9 - New Business and Commission Requests (Continued)
R91 Discussion Regarding Approving The Establishment Of Ashtrays On The Beach To Create
Designated Smoking Areas.
(Requested by Commissioner Jerry Libbin)
R9J Discussion And Referral To The Finance And Citywide Projects Committee - The Issue That The
Sustainability Committee Has Passed Several Resolutions That Are In Favor Of Establishing New
Recycling Bins Throughout The ROW On The Beach, But Funding Continue To Be An Issue.
(Requested by Commissioner Michael Gongora)
R9K Discussion Regarding The Ameresco Water Project.
(Requested by Vice-Mayor Edward L. Tobin)
R9L Discussion Regarding The Closing Of Publix At 6876 Collins Avenue.
(Requested by Vice-Mayor Edward L. Tobin)
R10 - City Attorney Reports
R I OA Attorney-Client Session
Pursuant To 9286.01 I, Florida Statutes, The City Attorney Hereby Advises The Mayor And City
Commission That He Desires Advice Concerning The Following Pending Litigation Matter:
Museum Walk A~artments V. Citv Of Miami Beach, Eleventh Judicial Circuit Of Florida, Appellate
Jurisdiction, Case Nos. 11-058-061; 068-074; 076-084; 086-087; And 11 5-1 24
Therefore, A Private Closed Attorney-Client Session Will Be Held During The Lunch Recess Of The
City Commission Meeting On October 19, 201 I In The City Manager's Large Conference Room,
Fourth Floor, City Hall, To Discuss Settlement Negotiations And/or Litigation Strategy With Regard
To The Above-Referenced Litigation Matters.
The Following Individuals Will Be In Attendance: Mayor Matti Herrera Bower; Members Of The City
Commission: Vice- Mayor Edward Tobin, Jorge R. Exposito, Michael Gongora, Jerry Libbin, Deede
Weithorn And Jonah Wolfson; City Attorney Jose Smith, City Manager Jorge Gonzalez, First
Assistant City Attorney Rhonda Montoya Hasan, First Assistant City Attorney Steven Rothstein And
Senior Assistant City Attorney Aleksandr Boksner.
Reports and Informational ltems
Reports and Informational ltems (see LTC #255-2011)
End of Regular Agenda
Commission Agenda, October 19,201 1
Miami Beach Redevelopment Agency
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
October 19,201 1
Chairperson of the Board Matti Herrera Bower
Member of the Board Jorge Exposito
Member of the Board Michael Gdngora
Member of the Board Jerry Libbin
Member of the Board Edward L. Tobin
Member of the Board Deede Weithorn
Member of the Board Jonah Wolfson
Executive Director Jorge M. Gonzalez
Assistant Director Jorge Gomez
General Counsel Jose Smith
Secretary Robert E. Parcher
1. NEW BUSINESS
A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency
(RDA), Authorizing The Executive Director, Or His Designee, To Select, Negotiate, Award And
Reject All Bids, Contracts, Agreements, Purchase Orders, Change Orders And Grant
Applications; Renew Existing Contracts Which May Expire; And Terminate Existing Contracts,
As Needed, From The Last RDA Meeting On October 19, 201 1, Until The First Regularly
Scheduled RDA Meeting On December 14,201 1, Subject To Ratification By The RDA At Its I
First Regularly Scheduled Meeting On December 14, 201 1.
(Procurement)
End of RDA Agenda
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniamibea~hfl.~ov
HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF
THE ClTY OF MIAMI BEACH, FLORIDA
THE REGULARLY SCHEDULED MEETINGS OF THE ClTY COMMISSION ARE ESTABLISHED BY RESOLUTION. SCHEDULED
MEETING DATES ARE AVAILABLE ON THE CITY'S WEBSITE, DISPLAYED ON MBTV 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.
DR. STANLEY SUTNICK CITIZENS' FORUM will be held during the first Commission meeting each month. The Forum is
split into two (2) sessions, 12:30 p.m. and 5:30 p.m., or as soon as possible thereafter, provided that the Commission
Meeting has not already adjourned prior to the time set for either session of the Forum. In the event of adiournment prior
to the Stanley Sutnick Citizens' Forum, notice will be posted on MBTV 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 Thursday morning prior to the regularly scheduled City Commission
meeting. The Agenda and backup materials are also available on the City's website: www.miamibeachfl.gov the Thursday
prior to a regularly scheduled City 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 subiect maiter 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
public hearing items and the Dr. Stanley Sutnick Citizens Forum, should call or come to City Hall, Office of the City Clerk,
1700 Convention Center Drive, telephone (305)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 hearinq 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,
1700 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 13 [Wednesday] April 27 [Wednesday]
May 1 1 [Wednesday] May 18 [Wednesday)
June 1 [Wednesday]
July 13 Wednesday] July 20 Wednesday]
August - City Commission in recess
September 14 [Wednesday)
October 19' [Wednesday) October 26 [Wednesday]
November 2 [Wednesday] - Election related only
December 14 [Wednesday] December 2 1 [Wednesday]
F:\CLER\$ALL\a City Commission\201 1 Schedule of City of Miami Beach.docx
CITY CLERK’S OFFICE LOBBYIST LIST
F:\CLER\COMMON\2011\20111019\Lobbyist List.doc
October 19, 2011
Commission Meeting
LOBBYIST NAME RETAINED BY DATE REGISTERED DISCLOSURE
C4A – Refer to Planning – Amendment to Short Term Rentals Ordinance
Danielle Blake Miami Assoc. of Realtors 03/16/2011 Employee
Alfredo Gonzalez South Beach Lending, LLC 04/22/2010 $400/hour
C7I Accept Recommendation/RFP 18-10/11 to Provide Electric Vehicle Charging Stations
Alfredo Gonzalez Car Charging, Inc. 09/02/2010 $400/hour
Mathew Leibowitz Recharge Solutions, Inc. 07/29/2011 No compensation
R5E Recycling Ordinance – Amend Code “Solid Waste”
Ashley Ligas So. E. Fla Apt. Association 09/20/2011 Employee
R7B Granting Revocable Permit for Comco, LLC, 701 Lincoln Road
Michael Larkin Michael Comras, Comco LLC 06/28/2011 $435/hour
R7C Granting Revocable Permit, 420 Lincoln Road Development Group, Inc.
Lucia Dougherty Paul Cejas 05/24/2011 $700/hour
Neisen Kasdin 420 Lincoln Rd Development 02/19/2009 $550/hour
MIAMIBEACH
Miami Beach Redevelopment Agency
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
HOW A PERSON MAY APPEAR BEFORE THE REDEVELOPMENT AGENCY
OF THE CITY OF MIAMI BEACH, FLORIDA
The regularly scheduled meetings of the Redevelopment Agency are established by Resolution and are
generally held on the same day the Miami Beach City Commission holds their regularly scheduled
meetings. The Redevelopment Agency meetings commence at 10:OO a.m.
1. Jorge M. Gonzalez has been designated as the Agency's Executive Director.
Robert Parcher has been designated as the Agency's Secretary.
Person requesting placement of an item on the agenda must provide a written statement to the
Agency Executive Director, 4th Floor, City Hall, 1700 Convention Center Drive, telephone 673-
7285, outlining the subject matter of the proposed presentation. In order to determine whether or
not the request can be handled administratively, an appointment will be set up to discuss the matter
with a member of the Executive Director's staff. Procedurally, "Request for Agenda Consideration"
will not be placed upon the Agency agenda until after Administrative staff review. Such review will
ensure that the issue has been addressed in sufficient detail so that the Agency members may be fully
apprised of the matter to be presented. Persons will be allowed three (3) minutes to make their
presentation and will be limited to those subjects included in their written request. Such written
requests must be received in the Executive Director's office no later than noon on Tuesday of the
week prior to the scheduled Agency meetinq to allow time for processing and inclusion in the
agenda package.
3. Once an agenda for the Redevelopment Agency meeting is published, and a person wishes to speak
on items listed on the agenda, he/she may call or come to the Agency Secretary's Office, 1 st floor,
City Hall, 1700 Convention Center Drive, telephone 673-74 1 1, before 5:00 p.m., on the Tuesday
prior to the Agency meeting and give their name, the agenda item to be discussed and, where
known, the agenda item number.
The Agency agenda is available via the City's website, (www.miamibeachfl.gov) on the Friday prior to
the Agency meeting or may be reviewed at the Agency's Secretary Office (City Clerk's Office) on the
Monday prior to the Agency's regular meeting.
4. All persons who have been listed by the Agency Secretary to speak on the agenda item in which
they are specifically interested, will be allowed up to three (3) minutes to present their views.
Robert Parcher
Agency Secretary March 5, 2007
F:\CLER\CLER\CITYCLER\RDA Agenda .V3.doc
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,
1700 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 13 [Wednesday] April 27 [Wednesday]
May 1 1 [Wednesday] May 18 [Wednesday)
June 1 [Wednesday]
July 13 Wednesday] July 20 Wednesday]
August - City Commission in recess
September 14 [Wednesday)
October 19' [Wednesday) October 26 [Wednesday]
November 2 [Wednesday] - Election related only
December 14 [Wednesday] December 2 1 [Wednesday]
F:\CLER\$ALL\a City Commission\201 1 Schedule of City of Miami Beach.docx
Presentations and Awards
PA1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's
Officer Of The Month For August, 201 1.
(Requested By Commissioner Jorge R. Exposito)
PA2 Certificates Of Recognition To Be Presented To Jean Joseph And Independent Living
Community, Inc., ParticipantIEmployer In UNIDADJs Senior Placement Program.
(Requested By Commissioner Jonah Wolfson)
PA3 Proclamation To Be Presented To Calvary Chapel Miami Beach.
(Requested by Commissioner Jonah Wolfson)
PA4 Key To The City To Be Presented To Joshua ~obirt Stutzman For His Military Service.
(Requested by Commissioner Jerry Libbin)
PA5 Certificate Of Recognition To Be Presented To Sarah Moreno A Miami Beach Senior
High Student For Her Work Helping Her Peers Aim For College.
(Requested By Commissioner Michael Gongora)
PA6 Certificate Of Recognition To Be Presented To The Florida Green Home Design Group
For Their Green Initiatives On The 2020 Alton Road Project.
(Requested By Commissioner Michael Gongora)
Agenda Item PA I -6
Date 10-19-11
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
( Request For Approval To Issue A Request For Proposals (RFP) For Security Guard Services. I
Key Intended Outcome Supported:
Increase Resident Rating of Public Safety Services
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2008 Strategic Plan, 90%
responded that they felt very safe or reasonably safe in their neighborhood during the day.
Issue: I Whether the City Commission should approve the issuance of the RFP? 1
At the March 9, 201 1 the Mayor and City Commission approved the Administration's recommendation
to renew the contract with Security Alliance for two additional one-year terms and issue a Request for
Proposals (RFP) by October 1,201 1 for security guard services.
The current Security Guard Contract with Security Alliance expires on April 30, 2012. At the City's
sole option and discretion, the contract may be renewed for one (1) additional one-year period.
As a result of today's market conditions, the Administration has consistently elected not to exercise its
renewal options, but rather has elected to issue new RFPs. It is the intent of this RFP to use the
"Best Value" Procurement process to select a Security Guard Contractor with the experience and
qualifications; the ability; capability, capacity; and proven past successful petformance in providing
high quality unarmed security guard services.
The results of the new RFP process will be compared to the existing contract, to determine if it's in the
City's best interest to reject proposals or award a new contract.
I APPROVE ISSUANCE OF THE RFP.
Advisory Board Recommendation:
The Finance and Citywide Projects Committee (the Committee) at its January 27, 2011 meeting
retroactively approved the first-year renewal of Security Alliance's contract from May 1, 2010 to April
30, 201 1; prospectively approved the second-year renewal of Security Alliance's contract from May 1,
2011 to April 30, 2012; and further authorized the issuance of a Request for Proposals (RFP) by
October 1, 201 1 (six months prior to contract expiration). The Committee also approved the issuance
at its September 26, 201 1 meeting.
Financial Information:
I I
I Financial Impact Summary2
/ /
City Clerk's Office ~e~islatfi Tracking:
[ Gus Lopez, extension 6641. .&- . ]I
Approved Account Amount Source of
Funds: I
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Cyission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 19, 201 1
SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS
(RFP) FOR SECURITY GUARD SERVICES.
ADMINISTRATIVE RECOMMENDATION
Approve the issuance of the RFP.
KEY INTENDED OUTCOMES (KlOs) SUPPORTED
Increase resident rating of public safety services; and maintain crime rates at or below
national trends.
BACKGROUND
The Finance and Citywide Projects Committee, at its January 26, 2010 meeting,
recommended the issuance of a new Request for Proposals (RFP) for Security Guard
Services and that the following information be incorporated as part of the RFP:
1. Training as an evaluation criteria;
2. Financial stability as requirement of the Successful Contractor; and
3. Language which states that the Living Wage rates are under review and is
subject to change.
At its March 10, 2010 meeting, the Mayor and City Commission approved the issuance
of an RFP for Security Guard Services.
The RFP was posted on BidSync and the Procurement's City website on March 10,
2010, with an original bid opening date of April 9, 2010. The bid was also advertised on
the March 12, 2010, Daily Business Review publication.
A pre-proposal submission meeting was held on March 25, 2010, at which 42 interested
agencies attended (includes telephone call-in).
At the May 20, 2010 Finance and Citywide Projects Committee, the deadline for
submission of the proposals for the RFP for security guard services was extended to
allow for an analysis on paid time off for employees covered by the Living Wage
Ordinance, and the possible inclusion of paid time off in the RFP requirements.
Subsequently, the RFP opening date was postponed.
Commission Memo
Unaned Security Guard Services RFP
October 19, 201 1
Page 2 of 15
The Finance and Citywide Projects Committee at its January 27, 201 1 meeting,
retroactively approved the first-year renewal of Security Alliance of Florida's ("Security
Alliance") contract from May 1, 2010 to April 30, 2011; prospectively approved the
second-year renewal of Security Alliance's contract from May 1, 201 1 to April 30, 2012;
and further authorized the issuance of a Request for Proposals (RFP) at least six (6)
months prior to the expiration of the current contract.
The Mayor and City Commission at its March 9, 2011 meeting, approved the Finance
and Citywide Projects Committee's recommendation, to exercise the first and second
renewal option for the unarmed security services contract with Security Alliance and to
issue a Request for Proposals (RFP) for the Security Guard Services Contract at least
six (6) months prior to the expiration of the current contract.
The Finance and Citywide Projects Committee at its September 26, 201 1 meeting,
discussed an investigation that involved Security Alliance and "Rooms To Go"
employees. After being briefed by the City Attorney's Office, the Committee's
recommendation was to issue the RFP immediately.
CONTRACT TERM
Contract No. 34-05/06, was awarded to Security Alliance on April 2, 2007, with an
effective date of May I, 2007. The contract's basic term expired on April 30, 2010, and
has been renewed for two additional one-year terms set to expire April 30, 201 2. At the
City's sole option and discretion, the contract may be renewed for one (I) additional one-
year period through April 30, 2013.
As a result of today's market conditions, the Administration has consistently elected not
to exercise its renewal options, but rather has elected to issue new RFPs. It is the
intent of this RFP to use the "Best Value" Procurement process to select a Security
Guard Contractor with the experience and qualifications; the ability; capability, capacity;
and proven past successful performance in providing high quality unarmed security
guard services.
The results of the new RFP process will be compared to the existing contract, to
determine if it's in the City's best interest to reject proposals or award a new contract.
EVALUATION CRITERIA
The Evaluation Committee appointed by the City Manager will review all responsive
proposals received and score and rank the Contractors based on the following criteria:
1. The experience and qualifications of the Contractor (30 points);
2. The experience and qualifications of the Management Team (15 points).
3. Past performance based on number and quality of the Performance Evaluation
Surveys (10 points);
4. Financial Strength as evidenced by financial statements (10 points);
5. Total cost (25 points);
6. Character, integrity, judgment and reputation of the contractor (10 points).
Commission Memo
Unarmed Security Guard Services RFP
October 19, 2011
Page 3 of 15
FINANCIAL STATEMENTS
The selected Contractor shall have a minimum "A rating from Standard & Poor or
Moody's as of the due date of this RFP, if the company has a rating by either of those
agencies. If the selected Contractor has no such rating because it is a non-profit entity or
it is a non-stock organization and it has no long-term debt, then the selected Proposer
shall submit financial statements showing a strong financial position, including strong
asset to liability ratio, to be determined by the City. Additionally, the Successful
Contractor must provide the City with a 100% Performance Bond.
COST PROPOSAL
The billing rate quoted shall include full compensation for labor, equipment use, travel
time, hiring of security guards and any and all cost associated to the proposer in order to
provide the City of Miami Beach with a Best Value Contract for Unarmed Security Guard
Services.
Contractors will be asked to submit cost information based on the following:
DESCRIPTION
UNARMED GUARDS
SUPERVISORS
ADD ALTERNATES
'EST. HOURS BILLING
RATES
GRAND TOTAL
a. dog off leash laws;
b. pooper scooper laws; and
c. littering.
Appearance of security guards and/or supervisors at
Special Master Hearings when needed in support of the
City's efforts to ensure compliance with City Code.
a. Security Guard
b. Supervisor
TOTAL
Issuance of warnings and violations as the City determines
to be warranted to include:
BILLING RATE
Guards certified in traffic control procedures
Issuance of warnings and violations as the City determines
to be warranted to include:
' The City is not guaranteeing the number of hours and will reserve the right to
adjust hours either up or down on an "as needed" basis.
Commission Memo
Unarmed Security Guard Services RFP
October 19, 201 1
Page 4 of 15
a. Skateboarding on Lincoln Road
b. Skateboarding and Bicycle riding on the Boardwalk
Taking photographs of violations as the City determines
to be warranted. $- /photograph
Costs associated with additional vehicle(s)
The City reserves the right, at its sole discretion, to select none, any, or all Add
Alternates.
MINIMUM REQUIREMENTS I QUALIFICATIONS
a) The Security Guard Contractor shall submit incorporation or other business
entitylform documentation with their proposal. Contractor shall have provided
continuous and successful security guard services for a minimum of five (5) years.
b) The Security Guard Contractor must provide a drug and alcohol free workplace.
c) The minimum requirements of the Unarmed Security Guards are as follows.
UNARMED SECURITY GUARDS
A minimum of 40 hours of training as required by the State of Florida Department
of Licensing pursuant to Section 493.6123 (1) F.S., and must possess a Florida
Class "D" License and a minimum of 16 hours of site-specific training at their
assigned post.
Specialized training, as requested by the City of Miami Beach Police Department,
on an as needed basis per post assignments (e.g. building evacuations,
hurricane evacuations, training, traffic control, etc.).
Pass a Florida Department of Law Enforcement (FDLE) criminal background
check.
Ability to write a report to document incidents as required.
Ability to follow all the terms and conditions in the City of Miami Beach Post
Order Bid Manual.
Ability to speak English (multilingual desirable) and write all reports in English.
Ability to communicate, provide information, and gives directions in a courteous
matter to tourists and residents.
Pass a drug screening test.
Ability to respond to and take command of emergency situation.
Ability to provide effective access control and maintain a safe and secure
environment.
Ability to provide protection with professionalism.
Ability to provide a professional level of personal interaction services.
Trained and certified in first aid and rendering Cardiopulmonary Resuscitation
(CPR).
Physically capable of pursuing and detaining individuals who have committed
criminal acts.
Have a minimum of 6 months of security officer experience, law enforcement or
equivalent military training.
Ability to issue written warnings and code citations as City determines it is
Commission Memo
Unarmed Security Guard Services RFP
October 19, 201 1
Page 5 of 15
warranted.
q. Ability to take photographs and document violations and incidents as required.
SCOPE OF SERVICES
The Successful Contractor will provide the following:
A minimum of three (3) roving shift supervisors equipped with an automobile on
duty within the City limits of Miami Beach at all times. The supervisors will be
able to respond to any site within 15 minutes. A list must be submitted in writing,
identifying the name(s) of each roving shift supervisor, and all security personnel
under their supervision, to the Miami Beach Police Department (MBPD), Contract
Administrator.
A written streetlpark lighting report, where applicable, forwarded to the MBPD
within 48 hours of any "lights out" occurrence.
All drug screening, background checks, and psychological testing of employees
assigned to Miami Beach posts at the Successful Contractor expense.
All sensorslreaders at contracted posts to ensure that security officers are
making required rounds at assigned frequencies and times and provide a weekly
computerized printout downloaded from sensors installed at each post to the
Police Department. The location of the sensors will be submitted to the MBPD for
approval.
A supervisor, who will be required to meet with the MBPD, authorized
representative, upon request.
All uniforms, radios, firearms, rain gear, traffic vests, tools and equipment
necessary to perform the required security services in accordance with the bid
documents.
Uninterrupted services under all conditions, to include but not limited to the threat
of a strike or the actually to the threat of a strike or the actuality of a strike,
adverse weather conditions, a disaster, or emergency situations, at the agreed
upon hourly contractual rate.
Compliance by their personnel assigned to City of Miami Beach posts with the
Security Contractor's Post Order and Rules and Regulations Manual.
Any holiday and sick-time pay to assigned personnel.
A written quarterly statistical analysis report of security incidents forwarded to the
City of Miami Beach Police Department on a quarterly basis.
Certify in writing, the names of all employees,who will provide security services to
the City of Miami Beach, of which will have a valid Florida Armed Security Guard
Licenses (D) and G). Copies of State license(s) will be keep in employee
personnel file for immediate viewing if necessary and produced in hard copy
within five business days (excluding weekends and holidays) upon receipt of
request from the MBPD.
The City reserves the right to take any action necessary to ensure that the security
forces are fully staffed in order to protect the City of Miami Beach property, personnel,
and assets. This may include contractual arrangements with others contractors for the
purpose of obtaining additional resources in the event that the Successful Contractor
cannot perform.
Commission Memo
Unarmed Security Guard Services RFP
October 19, 201 1
Page 6 of 15
If such arrangements are deemed necessary, then the Successful Contractor may, at
the sole discretion of the City of Miami Beach, be terminated, and any cost incurred by
the City of Miami Beach may be withheld from funds owed to the Successful Contractor.
The City of Miami Beach reserves the right to an employee from a duty assignment, and
lor bar the employee from further service under this Contract.
The Successful Contractor will be responsible for advertising and recruiting help, training
the security guards, preparing paychecks, payroll taxes, Social Security and Withholding
taxes, preparing W-2's, Unemployment and Workmen's Compensation claims and
liability insurance.
The obligation of the City of Miami Beach will be solely to compensate the Successful
Contractor for the number of hours provided monthly in accordance with the contract
price schedule. The Successful Contractor will provide a Schedule of ValueslPayment
Schedule to the City's Contract Administrator for review and approval, prior to the
commencement of work.
Should the Successful Contractor be asked to provide additional coverage and support
for major events, or emergencies, and the Successful Contractor cannot provide the
additional coverage/support with its own employees, then the Successful Contractor
must request in writing that the City approve its sub-contractor, and the City Manager or
designee, will reserve its right approve the sub-contractor prior to any sub-contracting or
performance of any work.
RECORDS
The Successful Contractor will submit all invoices to the City of Miami Beach containing
an itemized employee time record, to include the employee name and hours
workedlshift, for the time period identified on the invoice. The computerized printout from
the downloaded sensors will accompany the weekly invoices. These printouts will be the
same date and time frame of the submitted invoices.
All correspondence, records, vouchers and books of account insofar as work done under
this Contract is concerned, will be open to inspection, by an authorized City of Miami
Beach representative, during the course of the Contract and for a period of two (2) years
after expiration of the Contract.
The Successful Contractor will maintain accurate and complete records of personnel
criteria, training criteria and biogra.phical data of all personnel affiliated with this Contract.
The Successful Contractor will keep on file a separate personnel file for each employee
employed under the Miami Beach contract. This file will specifically, along with the above
mentioned criteria, include:
Personal information of the employee, sexlracel DOBI and social security
number.
Copies of Florida Drivers license and security guard class "Dl' license.
Copies or notification of all discipline actions taken by the vendor or City
of Miami Beach. This will include all verbal or written documentation of
warnings or discipline.
Commission Memo
Unamled Security Guard Services RFP
October 19, 201 1
Page 7 of 15
Proof of successful Background Check, Drug Screen, and Polygraph
examination.
The City reserves the right to perform audit investigations of the Successful Contractor
payroll and related records of employees assigned to the City of Miami Beach to
ascertain that such employees' records indicate payment received for the specific hours
worked for the City. Such audit will be at the discretion of and at the option of the City.
Successful Contractor will be required to provide anylall records in its possession which
contain information concerning hours worked and payment received based on the
contractor's invoices to the City of Miami Beach. All required documentation and
personnel files will be readily available for inspection by any authorized City of Miami
Beach representative, during initial research and during the course of this Contract.
Failure to have the required documentation will be deemed as non-compliance to the
Terms and Conditions of the contract.
Each guard must have their individual "D" and "G" license in their possession while
performing work for the City of Miami Beach, and if operating a vehicle have a valid
driver's license.
WORK FORCE AND WORK ASSIGNMENTS
Unarmed security guards will be provided to work various locations, including patrolling
numerous City of Miami Beach facilities. All Security Guards will be required to carry 2-way
radios and electronic scanner wards unless specifically exempted by the City of Miami
Beach Contract Administrator.
REGULAR SECURITY OFFICER DUTIES
1. All security personnel furnished by the Successful Contractor to Miami Beach will
be required to monitor the facilities by walking the Facility, riding a golf cart andlor
whatever other means the City of Miami Beach considers best for each facility
andlor location.
2. All security personnel furnished by Successful Contractor to the City of Miami
Beach will provide all phases of building and personnel security, personal property
protection and vehicle protection, both within and out of the facility. This will
include, but not limited to, making rounds and clock rounds of assigned areas and
key locations; checking lights; assuring locks of gates and doors.
3. The Successful Contractor's personnel will take proper steps to prevent
unauthorized entrance and .access to the Facility or contents t6kreof.
4. While fulfilling regular security duties, Successful Contractor's personnel may detain
any person using reasonably necessary measures, in or about the premises, until
said personnel is able to turn such person(s) over to the police.
5. Reporting in detail daily reports to employee's Supervisor verbally and in writing, in
a prescribed manner, regarding the performance of hislher shift and special reports
regarding any problems or incidents occurring during hislher shift of all unusual
situations and circumstances. Such daily reports will be submitted to the City of
Miami Beach on a weekly basis.
6. Conducting andlor undertaking initial incident investigations and submitting
Commission Memo
Unarmed Security Guard Services RFP
October 19, 201 1
Page 8 of 15
appropriate detail reports to the City of Miami Beach without undue delay.
Special incident reports will be submitted to the City of Miami Beach the following
business day.
7. All security personnel furnished to City of Miami Beach will give instructions or
information to visitors upon request, or direct them to the appropriate administrative
office if any questions cannot be answered. Security personnel will, escort from
time to time, patrons to their vehicles at patron's request.
8. Utilizing their two-way radio, security personnel must contact their supervisor or
their base station, which can contact and dispatch police if the need arises.
9. The Successful Contractor and their assigned personnel will follow all terms,
conditions, and procedures as outline in the attached "Post Orders for the City of
Miami Beach Security Guard Contracts.
10. Responding to alarms, suspicious activities, fires, injuries, security incidents or any
emergency situation.
11. Performing any other duties or functions not specifically outlined or set forth above
but which are identified as falling within the scope and realm of a security officer's
responsibilities.
12. The Successful Contractor will provide an adequate supply of flashlights and
batteries, raingear, uniforms, clipboards and any other personnel equipment
required for the Security Guard to perform their duties.
13. The Successful Contractor will provide all related forms, pencils, pens
and miscellaneous office supplies.
14. All equipment utilized by the Successful Contractor in the execution of
this contract shall be maintained by the Successful Contractor.
15. All Successful Contractor personnel will read, understand and follow the attached
"Current Security" Posts for the City of Miami Beach Security Guard Contracts.
SUPERVISOR DUTIES
The Successful Contractor's supervisors in charge of its employees to the City of Miami
Beach shall:
1. Review the day or night activities and report in writing to the proper City of Miami
Beach authorities any unusual incident.
-2. Ensure proper inventory of keys, electronic key cards and supplies.
3. Coordinate with proper City of Miami Beach designees all security operations
and services for regular and event assignments to insure that all are properly
staffed. In some instances, this requires daily contact with City of Miami Beach
staff to learn of authorized activities.
4. Conduct daily visual inspection of assigned personnel verifying all post are
manned and all security guard are fully equipped and in proper uniform.
Additional locations may be added and some existing locations may be deleted
from service requirements.
5. Install scanner buttons where directed by the City of Miami Beach Contract
Administrator.
Commission Memo
Unarmed Security Guard Services RFP
October 19, 201 1
Page 9 of 15
6. Provide weekly downloads of all the City of Miami Beach Posts where scanner
buttons are installed. The downloaded information will accompany the weekly
invoices.
SERVICE LOCATIONS AND ASSIGNMENT HOURS
See Attachment A - "Post Orders for City of Miami Beach Security Contracts" for
locations/shifis requiring service. It will be the sole discretion of the City of Miami Beach as
to locations, number of guards, and hours of services needed. The City of Miami Beach
reserves the right to add other possible locations and to change the required hours of
service during the term of the Contract.
OVERTIME
No overtime for either regularly scheduled or special event guards will be paid by City for
security personnel supplied by the Successful Contractor unless pre-approved by the
Police Department Contract Administrator.
PERSONNEL PROBATION
The City's Contract Administrator or designated representative personnel may observe
each employee of the Successful Contractor for a period of thirty (30) consecutive days.
If during this probation, the City of Miami Beach is not satisfied with the performance of
that employee, the City of Miami Beach will notify the vendor of such performance and the
vendor will replace such employees immediately.
Additionally, the City of Miami Beach reserves the right to demand in writing that the
Successful Contractor relieve an employee from a duty assignment, and/or ban the
employee from further service under the contract, at the sole discretion of the City of Miami
Beach.
Personnel must not be employed by the Successful Contractor under the Contract if they
have currently or have in the past been involved in:
a. Military conduct resulting in dishonorable or undesirable discharge.
b. Any pattern of irresponsible behavior, including but not limited to
unreasonable driving or a problem employment record.
c. Personnel employed by Successful Contractor to provide services for the City
of Miami Beach must successfully complete a polygraph examination, to be
conducted at the Successful Contractor's expense, prior to assig nment,-;and
whose minimum testing parameters will include:
1. Nature of discharge from military service.
2. Substance abuse (drug and alcohol).
3. Child abuse and/or molestation.
4. Convictions (misdemeanors and/or felony).
5. Dismissal other than layoff.
UNIFORMS
All security personnel furnished to the City of Miami Beach will be well groomed and neatly
uniformed. Each guard supplied by the Successful Contractor will wear a nameplate
Commission Memo
Unarmed Security Guard Services RFP
October 19, 201 1
Page 10 of 15
bearing the guard's name. Successful Contractor's name will appear either on guard's
nameplate or as a patch on guard's uniform. Uniforms will be readily distinguishable from
the City of Miami Beach Police uniforms.
TRAINING
The Successful Contractor is required to provide training to all field personnel in order
that the City of Miami Beach may be assured said personnel are capable of assuming
the responsibilities of respective assignments.
The cost for such training will be considered as a part of the Successful Contractor's
operational expenses and should be considered when proposing overall hourly rate.
The time spent by staff in such a program, though required, is not billable to the City of
Miami Beach. All security personnel are to successfully complete and pass such training
course prior to assumption of duty under this contract. This training course, to be
developed or made available by the Successful Contractor, is to include minimum
requirements for subject matter and hours of instruction, and must be approved by the
City of Miami Beach. The City of Miami Beach evaluation of proposed training will
include, but not be limited to, previews of techniques and methods of instruction, quality
of instructions, motivation, adequacy of classroom and supportive adjunct training
materials, test content, and individual retentiveness.
All formal training is to be administered by persons, corporations, and/or institutions that
have been expressly approved by the City of Miami Beach. A written certification of
each employee's training will be made available as part of the employee's personnel file.
The Successful Contractor's supervisors must have also completed required training and
worked for six (6) continuous months as an actual guard; additionally, basic supervisory
skills are required, as well as an overall knowledge of operations, locations, etc.
The Successful Contractor is required to ensure that all security guards providing traffic
control services are certified.
ASSIGNMENT OF CONTRACT
Successful Contractor will not assign, transfer, convey or otherwise dispose of the
Contract, or of any or all of its rights, title or interest therein, or its power to execute such
Contract to any person, company or corporation without prior written consent of the City
of Miami Beach.
PROTECTION OF PROPERTY -
The Successful Confractor will at all times guard against damage to or loss of property to
the City and will replace or repair any loss or damage unless the damage is caused by The
City of Miami Beach, another Successful Contractor and/or contractors. The City of Miami
Beach may withhold payment or make such deductions as it might deem necessary to
insure reimbursement for loss or damage to property through negligence of the Successful
Contractor, its employees or agents.
EXPENDITURES
The Successful Contractor understands that any expenditure that it makes, or prepares to
make in order to perform the Services required by the City of Miami Beach, is a business
Commission Memo
Unarmed Security Guard Services RFP
October 19, 201 1
Page I1 of I5
risk which the Successful Contractor must assume.
FINES -
Fines may be imposed on the Successful Contractor for violations by its personnel by
deducting the amount of the fine from a subsequent invoice for that location. Notice of a
violation and the intent to impose a fine will be given to the Successful Contractor by
sending a copy of the site representative's report, through the Contract Administrator,
promptly after the site representative submits it. This allows the Successful Contractor
time to bring any extenuating circumstances to the site and contract administrator's
attention. All fines are assessed by the City of Miami Beach Contract Administrator,
whose decisions are final.
Violations that may result in a fine includes but are not limited to those listed below. Fines
imposed will be $100.00 per infraction.
ManagementIAdministrative Violations:
Not properly equipped for specific detail;
No radio or inoperative radio;
No scanner wand, improper scanning buttons, failure to fix inoperative scanning
Buttons;
Leaving an abandoned post unattended or failure to fill post assignment within one
and one half (1-112) hours of scheduled event;
Lack of contract supervision;
Excessive hours on duty (more than 10 hour shift not approved in advance by the
Contract Administrator;
Assigning any guard previously suspended from duty by the Contract
Administrator;
Failure to follow all Vendor Rules and Regulations; and Incidents where Vendor
Rules and Regulations where discipline was insufficient.
Violations that may result in a fine include but are not limited to those listed below. Fines
imposed will be $100.00 per infraction.
Securitv Officer Violations:
1. Inappropriate behavior (reading, lounging, inattention, etc.);
2. Failing to make a report promptly;
3. lmproper clock rounds;
4. Failing to follow post orders;
5. lmproper or badly soiled uniforms;
6. Acts of theft or vandalism; and
7. Failure to adhere to City of Miami Beach policies, procedures and locations
guidelines.
Securitv Officer Significant Violations ($250.00):
1. Late for duty;
2. Sleeping on duty;
3. Abandoning post;
4. Participating or attempting to; in any criminal act; and
Commission Memo
Unarmed Security Guard Services RFP
October 19, 201 1
Page 12 of 15
5. Any action that would cause the City harm, physically, financially, or in repetition.
Repeated violations of any type at the same location will be taken as proof of a general
incapacity on the part of the Successful Contractor to perform in accordance with
contract requirements.
PRE-AWARD INSPECTION OF FACILITY
The Successful Contractor will have the personnel, equipment and organization
necessary to satisfactorily provide the services required in this contract to include, but
not limited to:
e Performing required background checks on all guards and to provide all
required training and supervision. Successful Contractor will provide written
documentation, which states in detail, that these requirements have been
met, prior to the assignment of security personnel.
e Radios are to be utilized by all assigned security personnel. The
Successful Contractor will maintain a South Florida office with
supervisory personnel reachable by telephone (only) on a 24-hour
basis.
COMMUNICATION SYSTEM
The Successful Contractor will be responsible for the following:
1. HAND-HELD RADIOS
Two-wav hand-held radios, licensed for use bv the Federal Communications
comrni&ion (FCC), will be provided by the ~uc~essful Contractor to all on-duty
contract security officers and supervisors as required unless otherwise accepted by
the City of Miami Beach Police Department Contract Administrator.
2. SUCCESSFUL CONTRACTOR CENTRAL DISPATCH
The Successful Contractor will provide a centralized dispatching service through use
of a stationary base station manned by experienced personnel on a 24-hour per day
basis, to include a taped back-up system. A mobile transmitterlreceiver, operated by
field personnel, will not be considered sufficient to adequately provide such service.
Successful Contractor personnel must be available at the Central Dispatch Station
who has the ability and authority to take immediate action on behalf of the
Successful Contractor, as requjjed. The Successful Contractor will provide the
names, with all pertinent information of these assigned personnel, to the City's
Contract Administrator.
SYSTEM QUALITY
The Successful Contractor will at all times, have high quality radio communications
transmitting and receiving). The Successful Contractor will be totally responsible for
providing and maintaining required system quality, as follows:
1. The Successful Contractor will providellease a network of transceivers
and repeaters of sufficient strength and capacity to service all sites
Commission Memo
Unarmed Security Guard Services RFP
October 19,2011
Page 13 of 15
specifically identified in this Invitation to Bid.
The Successful Contractor must providellease an exclusive radio
frequency operated exclusively by the Contractor. Radios will have
printout identification and emergency capability.
The Successful Contractor must implement a program of maintenance
and repair for all equipment to be used in the performance of this
contract. Such a program will ensure the optimum performance of all
equipment at all times, thereby, allowing the system to meet the service
requirements and quality standards specified above.
The Successful Contractor will ensure that all radio equipment has sufficient operating
power at all times during a tour of duty. It may be necessary for the Successful
Contractor to implement a system by which fresh batteries, adequate supply of
flashlights or charged radios, are delivered to the posts in order to meet this
requirement.
EVALUATION OF RADIO COMMUNICATIONS SYSTEM
All aspects of the Successful Contractor's radio communications system will be
evaluated by the City of Miami Beach prior to award of Contract. Should the system be
judged inadequate to provide service within the contractual standards specified herein,
and the Successful Contractor is unable andlor unwilling to make changes deemed
necessary by the City of Miami Beach, then the Successful Contractor will be considered
non-responsive to the required Terms and Conditions of this Contract. Likewise, should
there be a deterioration of performance during the term of this contract, and the
Successful Contractor is unable or unwilling to make the required improvements, the
City of Miami Beach may terminate, in accordance with the Termination for Default
Clause of this Contract. The City of Miami Beach will address, in writing to the
Contractor, anylall identified inadequacies of the required radio communications, and
prior to any termination procedures.
PROVIDED BY THE CITY OF MIAMI BEACH
The City of Miami Beach will provide to Successful Contractor, for the duration of the
contract, the Post Order and Rules and Regulation Manual. Changes to Post Orders, if
needed, will be provided by the Contract Administrator through written addendum to
these orders.
PERFORMANCE OF CONTRACT
This contract may be terminated upon thirty days written notice to the Successful
Contractor due to lack of performance and after Successful Contractor fails to correct
deficiencies after written notification.
Performance items include, but are not limited to the following:
Security Guard timeliness in responding to assigned post;
Security Guard dressed incomplete uniform, to include (serviceable radio,
fire arm, etc.);
Security Guard completion of all assignments, in a timely manner;
Successful Contractor not providing required training to all assigned
security guards;
Commission Memo
Unarmed Security Guard Services RFP
October 19, 201 I
Page 14 of 15
Successful Contractor not providing the required trained supervisory
personnel;
Successful Contractor to ensure compliance of Miami Beach Security
Contractor's Post Orders Manual;
Successful Contractor reporting of anylall missing City supplies,
equipment, property; and
Excessive non-compliance incidences.
Additionally, the City of Miami Beach reserves the right to have any security guards
removed from Miami Beach assigned posts for violation of the Post Orders Manual. The
City of Miami Beach Police Department will not pay Successful Contractor billing
charges for times in excess of thirty (30) minutes between security officer rounds made
between sensors, unless there are extenuating circumstances or this requirement is
waived by the City of Miami Beach Police Department on a post by post basis.
LICENSES AND PERMITS
Successful Contractor will abide by all ordinances and laws pertaining to his operation
and will secure, at his expense, all licenses and permits necessary for these operations.
PERFORMANCE EVALUATION MEETINGS
The Successful Contractor will assign two (2) Contract Managers to meet with the City of
Miami Beach Contract Administrator on a daily basis, if required. Regularly scheduled
meetings will be held on a monthly basis. Additionally, a meeting will be held whenever a
Contract Discrepancy Report is issued by the City Contract Administrator.
A mutual effort will be made to resolve all problems identified. The written minutes of
these meetings will be signed by the Successful Contractor's Contract Administrator and
the City's Contract Administrator, and a copy will be forwarded to the Procurement
Director. Should the Successful Contractor not concur with the minutes, he will state in
writing to the Procurement Director any areas wherein he does not concur.
Fine assessment procedure;
Once a violation which has the possibility of a fine assessment is identified and written
notification of intent to fine ("Contract Discrepancy Report") is issued to the Successful
Contractor. The Successful Contractor will have seven (7) days to provide a written
response to the CMB Contract Administrator.
The Contract Administrator will review all written documents, conduct a cursory
investigation if the needed and a final determination will be forwarded to the Successful
Contractor and the CMB Procurement Dept. Security Contract Administrator's decision is
final.
KEY CONTROL
The Successful Contractor will establish and implement methods of ensuring that all
keys issued to the Successful Contractor by the City are not lost, or misplaced, and are
not used by unauthorized person@). No keys issued the Successful Contractor by the
City will be duplicated. The Successful Contractor will develop procedures covering key
control that will be included in hislher quality control plan, which will be submitted to the
City's Contract Administrator and Procurement Director. The Successful Contractor may
Commission Memo
Unarmed Security Guard Services RFP
October 19, 201 1
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be required to replace, re-key, or to reimburse the City for replacement of locks or re-
keying as a result of Successful Contractor losing keys.
In the event a master key is lost or duplicated, all locks and keys for that system will be
replaced by the City and the total cost deducted from the monthly payment due.
The Successful Contractor will report the occurrence of a lost key immediately to the
City's Contract Administrator but no later than the next workday.
CONSERVATION OF UTILITIES
The Successful Contractor will be directly responsible for instructing employees in
utilities conservation practices. The Successful Contractor will be responsible for
operating under conditions, which preclude the waste of any/all utilities.
FIRE AND SECURITY
Successful Contractor is to comply with all fire regulations and is responsible for
securing the buildings during and after clean up. The City may have security personnel
on duty during night cleaning hours.
SERVICE EXCELLENCE STANDARDS
Excellent Customer Service is the standard of the City of Miami Beach. As contract
employees of the City, security guards will be required to conduct themselves in a
professional, courteous and ethical manner at all times and adhere to the City's Service
Excellence standards.
PHOTO IDENTIFICATION
Work hereunder requires Successful Contractor employees to have on their person
photo identification at all times. The City of Miami Beach reserves the right to verify a
guard's identity and required credentials, upon that guard reporting to work.
If for any reason, any Successful Contractor employee is terminated; the Police
Department Contract Administrator will be advised in writing.
CONCLUSION
The Administration recommends the issuance of the RFP for Security Guard Services
with the scope of services; evaluation criteria; and other provisions as set forth in this
memo.
COMMISSION ITEM SUMMARY Condensed Title:
Request For Approval To lssue A Request For Qualifications (RFQ), Subject To The City's Partial Termination For
Convenience Of CH2MHill Agreement For The Right Of Way (ROW) Infrastructure Improvements Program
Neighborhood No. 8 Bayshore And Sunset lslands Project (The Project); Said RFQ For The Preparation Of A Design
Criteria Package, Which Is lntended To Be A Design-Build Contract; To Serve As The City's Representative During
The Selection Of The Design-Build Firm For The Sunset 3 & 4 ROW Project, Concerning The Evaluation Of The
Responses Submitted By The Design-Build Firms; Review And Approve For Compliance Of The Detailed Working
Drawings For The Project; And For Evaluation Of The Compliance Of The Project Construction With The Design
Criteria Package.
Key lntended Outcome Supported:
1 Ensure well-maintained infrastructure and Ensure Well Designed, Quality Capital Projects.
Supporting Data (Surveys, Environmental Scan, etc.):
) The 2007 Community Satisfaction Survey noted 82% of North Beach residents rated recent capital projects I I completed as "excellent" or "good" compared to 89% of residents citywide. I
Issue: I Shall the Mayor and City Commission approve the issuance of the RFQ? I
Item SummarylRecommendation:
The City is requesting qualification statements from a "Design Criteria Professional", which for the purpose of this RFQ
is a firm who holds a current certificate of registration under chapter 471 as a registered engineer to practice
engineering and who has documented experience in the preparation of design criteria package for public facilities and
meets the minimum qualifications described in this document.
The Consultant shall provide the City a Design Criteria Package for Sunset lslands 3 & 4 ROW lmprovements Project
(the Project). The project consists of landscaping I irrigation, replacement of existing water main infrastructure,
improved storm water drainage collection and disposal infrastructure including swale restoration, valley gutters and
other facilities, street resurfacing I pavement markings, repair andlor extension of existing sidewalks to comply with
ADA requirements, incorporation of traffic calming features, consistent with community-preferences and the
incorpo?atic% and coordination of the underfiunding ofutilities including Florida Power and Light (FPL), Atlantic
Broadband (ABB), Sprint and AT&T.
The Design Criteria Package at a minimum shall contain concise, performance-oriented drawings or specifications of
the public construction project. The purpose of the Design Criteria Package is to furnish sufficient information to permit
Design-Build firms to prepare a bid or a response to an agency's request for proposal, or to permit an agency to enter
into a negotiated Design-Build contract. The design criteria package must specify performance-based criteria for the
public construction project, including the legal description of the site, survey information concerning the site, material
quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design
and construction schedules, site development requirements, provisions for utilities, storm water retention and disposal,
and parking requirements applicable to the project.
The basic services provided by the Design Criteria Professional shall include but not be limited to preparation of
bidding documents incorporating schematic design, performance specifications and design criteria for the project (the
bidding documents shall require compliance with the design criteria by the Design-Build firm awarded this Project) and
enforcement of the design criteria including but not limited to notifying the City of regarding the Design-Builder's
compliance or noncompliance with the requirements of the design criteria.
I I
Advisory Board Recommendation:
I I
Financial Information:
Source of Amount Account Approved
Funds: 1 NIA
OBPl
City Clerk's Office Legislative Tracking: I Mattie Reyes, ext. 6884
4GENDI lTEM 2B
DATE /o-[q-/(
@ - MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Mayor Matti Herrera Bower and Members of the ommission
Jorge M. Gonzalez, City Manager
October 19, 201 1
SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR
QUALIFICATIONS (RFQ), SUBJECT TO THE CITY'S PARTIAL
TERMINATION FOR CONVENIENCE OF CH2MHlLL AGREEMENT FOR
THE RIGHT-OF-WAY (ROW) INFRASTRUCTURE IMPROVEMENTS
PROGRAM NEIGHBORHOOD NO. 8 BAYSHORE AND SUNSET ISLANDS
PROJECT (THE PROJECT); SAID RFQ FOR THE PREPARATION OF A
DESIGN CRITERIA PACKAGE, WHICH IS INTENDED TO BE A DESIGN-
BUILD CONTRACT; TO SERVE AS THE CITY'S REPRESENTATIVE
DURING THE SELECTION OF THE DESIGN-BUILD FIRM FOR THE
SUNSET ISLANDS 3 & 4 ROW PROJECT, CONCERNING THE
EVALUATION OF THE RESPONSES SUBMITTED BY THE DESIGN-BUILD
FIRMS; REVIEW AND APPROVE FOR COMPLIANCE OF THE DETAILED
WORKING DRAWINGS FOR THE PROJECT; AND FOR EVALUATION OF
THE COMPLIANCE OF THE PROJECT CONSTRUCTION WITH THE
DESIGN CRITERIA PACKAGE.
ADMINISTRATION RECOMMENDATION
Approve issuance of the RFQ.
ANALYSIS
On May 16, 2001, the Mayor and City Commission adopted Resolution No. 2001-24387,
approving and authorizing the execution of the professional services agreement with CH2MHil1,
Inc., pursuant to Request for Qualifications (RFQ) 134-99100.
On April 9, 2003, the City Commission approved Resolution Number 2003-25171, approving
and officially adopting the Basis of Design Report (BODR) for the Sunset Islands 3 & 4 Islands
Neighborhood Right of Way (ROW) improvement Project. The BODR identified the priority
improvements that set the goals and objectives for the ROW Improvement Project. These
improvements include but are not limited to the following:
o Street resurfacing I pavement markings /sidewalk repair
o Enhanced landscaping I planting strip restoration
o Curb & gutter
o Streetlight upgrades
o Drainage upgrades
Commission Memorandum - RFQ Issuance for Design Criteria Professional for the Sunset 3 & 4 ROW Project
October 19, 201 I
Page 2 of 16
o Waterline replacement and upgrade
o Sanitary sewer force main replacement and upgrade
o Replacement of existing water main infrastructure
o Coordination with franchise utilities undergrounding and relocation of0 poles
On March 2005, CH2MHil1, Inc submitted the 30% design documents to the City and
subsequently the project was placed on hold because the residents requested the
undergrounding of its overhead utilities, which includes Florida Power and Light (FPL), Atlantic
Broadband (ABB), Sprint and AT&T.
The HOA, during its August 24, 2010 meeting, elected to hold another general membership
meeting to discuss the community's desire to underground its overhead utilities and create an
assessment per homeowner for the entire amount. This meeting was held on September 28th,
2010 and the membership has decided to move forward with full underground implementation
via a City sponsored Special Assessment.
During review of the ROW project with the HOA, regulatory issues related to the existing
roadway width were discussed with the members of the HOA and they expressed concerns with
the 10-foot minimum travel lane requirement. During subsequent discussions including the
HOA, City of Miami Beach Public Works Department (PWD), Miami-Dade County Traffic (MDC)
and Capital Improvements Projects Office (CIP) staff, MDC stated they would approve 9-foot
travel lanes for two-way streets and a 10-foot travel lane with a 5-foot multi-use shoulder for
one-way streets on the Sunset Islands. However, the proposed design requires 24-inch valley
gutters as part of drainage improvements. The valley gutters would need to be installed outside
of the required travel lanes.
The HOA held an island-by-island vote to decide if the roadways should be converted to one-
way. The results supported the one-way travel street modification on both Sunset lslands 3 & 4.
The Miami-Dade County Public Works Department approval of the one-way traffic flow was
granted on August 24, 201 0.
Currently, the project will be bid as a Design Build construction delivery method. The City in
procuring the construction services, through a Design Build firm, will receive the project's
construction cost which is required for the proper identification of assessment costs to the
residents. With the new project delivery method, it is in the City's interest to explore the
availability of consultants that can provide the services required for issuance of a Design Criteria
Package. The City will issue an RFQ for compliance with Consultants' Competitive Negotiation
Act (CCNA), pursuant to the requirements of chapter 287.057 Florida Statutes (FS), for
procurement of Design Criteria Professional services.
SCOPE OF SERVICES
The City is requesting qualification statements from a "Design Criteria Professional" (DCP) who
holds a current certificate of registration under chapter 471 FS as a registered engineer to
practice engineering and who has documented experience in the preparation of Design Criteria
Package for public facilities and meets the minimum qualifications described in this document.
The Consultant shall provide the City a Design Criteria Package for Sunset lslands 3 & 4. The
Sunset lslands 3 & 4 Neighborhood improvement project consists of landscaping 1 irrigation,
replacement of existing water main infrastructure, improved storm water drainage collection and
disposal infrastructure including swale restoration, valley gutters and other facilities, street
resurfacing 1 pavement markings, repair and/or extension of existing sidewalks to comply with
Commission Memorandum - RFQ Issuance for Design Criteria Professional for the Sunset 3 &4 ROW Project
October 19, 201 I
Page 3 of 16
ADA requirements, incorporation of traffic calming features, consistent with community
preferences and the incorporation and coordination of the undergrounding of utilities including
Florida Power and Light (FPL), Atlantic Broadband (ABB), Sprint and AT&T.
The Design Criteria Package at a minimum shall contain concise, performance-oriented
drawings or specifications of the public construction project. The purpose of the Design Criteria
Package is to furnish sufficient information to permit the Design Build firms to prepare a bid or a
response to an agency's request for proposal, or to permit an agency to enter into a negotiated
Design Build contract. The Design Criteria Package must specify performance-based criteria for
the public construction project, including the legal description of the site, survey information
concerning the site, material quality standards, schematic layouts and conceptual design criteria
of the project, cost or budget estimates, design and construction schedules, site development
requirements, provisions for utilities, storm water retention and disposal, and parking
requirements applicable to the project.
Pursuant to chapter 287.055(9)(b) FS, a Design Criteria Professional who has been selected to
prepare a Design Criteria Package for the City is not eligible to render services under a Design-
Build contract executed pursuant to the Design Criteria Package. The basic services provided
by the Design Criteria Professional shall include but not be limited to preparation of bidding
documents incorporating schematic design, performance specifications and design criteria for
the project (the bidding documents shall require compliance with the design criteria by the
Design-Build firm awarded this Project) and enforcement of the design criteria including but not
limited to notifying the City of regarding the Design-Builder's compliance or non-compliance with
the requirements of the design criteria.
The Consultant shall become familiar with the Project site through frequent site visits, research,
and examination of any record drawings, as applicable, and shall notify the City of any field, on-
site, or off-site conditions not shown or incorrectly shown on the record drawings, as may have
been reasonably discovered. At the Consultant's request, the City will facilitate the Consultant's
access to the Project site and/or facilities for investigative purposes. Frequent site visits and
meetings shall continue through all design phases of this Agreement until the Consultant is
thoroughly familiar with the existing conditions, any problem areas, and/or existing hazardous
conditions or materials. These site visits and meetings are part of the Consultant's Basic
Services, are considered due diligence, and the Consultant shall receive no additional
compensation for such design phase site visits and meetings. Provided the Consultant has
conducted a good faith investigation, the Consultant and the Consultant's sub-consultants shall
not be responsible or held liable for undiscovered hazardous conditions or materials.
The total allocated Construction Cost Budget earmarked for this project is approximately
$4,500,000.
Basic Services consist of the following:
Task One 1: Phase One Schematic 30%
The DCP shall become familiar with the Project site through frequent site visits, research, and
examination of any record drawings, as applicable, including the 30% Schematic Phase
documents dated February 25, 2005, the approved Basis of Design Report, the FPL preliminary
drawings dated April 11, 201 1 (and latest revisions thereto) and shall notify the City of any
existing site condition omitted from or incorrectly shown on record drawings, as may have been
reasonably discovered. Frequent visits shall continue until the Design Criteria Professional
(DCP) is thoroughly familiar with the Project site, problem areas, and existing hazardous
Commission Memorandum - RFQ Issuance for Design Criteria Professional for the Sunset 3 & 4 ROW Project
October 19, 201 1
Page 4 of 16
conditions, if any. The City will facilitate the DCP's access to the Project site, as needed, for
investigative purposes.
The DCP shall be responsible to provide the City with the following services as part of this task:
Task 1 .I : Evaluate and update the 30% schematic plans dated February 25, 2005 and compare
the scope of work contained therein with the approved BODR. The DCP is to make any and all
revisions necessary to these drawings as requested by the Agencies Having Jurisdiction (AHJ)
over the project and incorporate said revisions into the 30% schematic drawings and become
Design Criteria Professional 1 Engineering Professional for these documents.
The DCP shall identify all the necessary requirements with all applicable AHJ over the work
andlor utility providers and coordinate the work to make sure that there are no conflicts in the
drawings and update the drawings accordingly for the designlconstruction of the Project by the
Design Builder.
Task 1.2: Evaluate the existing outfalls and ascertain if any upgrades will be required to conform
to the proposed storm water system (see Task 2.1).
Task 1.3: Analyze the cost estimates for this Project and provide an updated construction
estimate in format provided by the City.
Task 1.4: Provide a proposed project schedule and construction phasing plan for approval by
the City for inclusion in Design Criteria Package.
Task 1.5: Coordinate with FPL, AT&T, Sprint and Atlantic Broadband (ABB) for conversion of
overhead electrical, telephone and cable to underground and incorporate as an Add Alternate to
the 30% Schematic Plans. The consultant shall become familiar with the requirements of the
FPL application for installed facilities agreement for UG conversions and provide all
specifications to address conditions of the agreement related to the project. Identify
requirements for use of contractors certified by FPL.
Task 1.6: City shall contract with a consultant to provide constructability and value engineering
report including verification of project construction cost estimates and schedule. DCP shall
provide necessary revisions to the design and technical requirements to address value
engineering and constructability concerns.
Task 1.7: Coordinate Phase 1 Environmental Report and provide a Phase 2 Environmental as
required by DEPIDERM or any other AHJ.
Task 1.8: Coordinate with existing topographic and specific purpose survey provided by the City
and updated survey information.
Task 1.9: Coordinate Geotechnical Soils report information and additional testing including
asphalt core results as required for the project.
Task 1.10: Provide Drainage Calculations and preliminary drainage analysis to substantiate
proposed 30% storm water design.
Task 1 .I 1: Prepare a Traffic Analysis and Assessment as needed for to obtain approval from
Miami Dade County Traffic Division.
Commission Memorandum - RFQ Issuance for Design Criteria Professional for the Sunset 3 & 4 ROW Project
October 19, 201 1
Page 5 of 16
Task 1.12: Update the Encroachment Analysis and Survey. And coordinate with CMB I PWD
encroachment policy.
Task 1.13: Prepare requirements for monitoring for compliance the bridge loading requirements.
Task 1.14: Update the Public Works Manual which contains the City's specification and design
standards for work in the right-of-way. This shall be used as the basis of Task 1.15.
Task 1.15: Create a "Master Design Criteria" boilerplate package to be re-used by the City for
future project specific Design Build projects.
Task 1.16: Coordinate and conduct the necessary meetings with appropriate City staff and the
Homeowner's Association to review the proposed scope of work and any other issues that may
impact this Project. The DCP shall prepare and distribute minutes of meetings with the City
regarding this Project.
Task 1.17: The DCP shall seek review and approval of the 30% schematic design documents
and Design Criteria Package including but not limited to the following agencies:
1. City of Miami Beach Public Works Department
2. City of Miami Beach Parks Department
3. City of Miami Beach Planning Department
4. Miami Dade County Water & Sewer Department
5. Miami Dade County PWD Traffic Engineering Division
6. Miami Beach Fire Prevention Division
7. Florida Department of Environmental Protection
8. Miami Dade Department of Environmental Resource Management
9. South Florida Water Management District
10. Florida Department of Health
11. Florida Department of Transportation
12. US Army Corps of Engineers
13. US Environmental Protection Agency
As part of this task, the consultant will prepare documents for review by the AHJ. Specific
activities will include:
1. Submit documentation for review and approval.
2. Provide responses to request for additional information if requested by the permitting
agencies.
3. Perform all required communication and coordination with regulatory agencies.
Task 2: Design Criteria Package
Task 2.1: The DCP shall coordinate with ihe City, as to the methodology, procedures, format
and other specifics that the Design Criteria Package shall contain.
The DCP shall study all issues and requirements relating to and affecting this Project including,
but not limited to, the following:
Commission Memorandum - RFQ Issuance for Design Criteria Professional for the Sunset 3 & 4 ROW Project
October 19, 201 1
Page 6 of 16
1. The project requirements and scope as specified in the approved BODR dated March
2003; The City has requested that the Consultant develop a new approach to
stormwater based on valley gutters on all roads with catchment basins and required road
pavement improvements in this neighborhood (not included in the BODR).
a. Prepare technical report that investigates the existing stormwater system,
proposes improvements required to meet a 5-year, 1 day level of service, and
presents a schematic plan; the report will also include the relevant drainage
calculations.
b. Prepare specifications, plans and details for design of stormwater system with
conveyance in form of valley gutters and catch basins located approx. 200 feet
and with improvements that address water quality, improvements to existing and
upsizing of 4 outfalls and added new tideflex valves.
c. Provide profiles during update to 30% plans.
30% drawings submitted by your office dated February 25, 2005 will also be evaluated
for inclusion of the additional scope:
a. Update of existing conditions on base sheet with additional field measurements
and observations.
b. Incorporate latest updated survey and geotechnicallasphalt core reports. Include
Professional Utility Locating Services (EM & GPR technique) andlor soft digs for
verification of any horizontal & vertical locations of new utilities placed over the
last few years.
c. Prepare updated survey information to existing condition drawings and
incorporate new areas of demolition as required for the installation of the
additional paving and storm drain improvements.
d. All roads will be reconstructed and re-graded as necessary to improve drainage;
Road width will match existing.
e. All roads will have 24 valley gutter installed as edge treatment and the valley
gutter will be included in determining the total pavement width.
f. Water mains will be relocated where necessary to allow for new storm drain
piping. Coordinatelrevise the plans to include additional 8 inch water main (WM)
segment on North side of bridge. Provide profiles during update to 30% plans for
WM design.
g. Drain inlets and piping will be added where necessary to improve drainage on
both islands.
h. Hydraulic modeling will be performed as the basis for the pipe size design, as
well as the adequacy of the existing outfalls. The proposed system design basis
will be the 5 year - 24 hour storm event.
i. Drainage Computations will be calculated based on the revised design.
3. Evaluation of the neighborhood's infrastructure requirements with respect to this project
including but not limited to, the existence or lack of the necessary utilities andlor
surrounding infrastructure not included in the BODR and the 30% documents.
a. Coordinate the conversion of electric, telephone and cable television utilities from
overhead to underground and identifying any potential conflicts.
b. Coordination of the existing gas services within the project area and identifying
any potential conflicts.
4. Outfall Cleaning & CCTV Report provided by Envirowaste dated December 2010;
Coordination with proposed storm water collection system for new outfalls and retrofit of
existing outfalls; processing of easements:
Commission Memorandum - RFQ Issuance for Design Criteria Professional for the Sunset 3 & 4 ROW Project
October 19, 201 1
Page 7 of 16
a. As determined by hydraulic modeling, undersized outfalls will be identified and
recommended pipe sizes will be provided. It is assumed that 4 outfalls will need
to be upgraded including either upsizing the pipe, replacing pipe due to condition
and/or sea wall repair.
b. The City will be responsible for determining if easements exist to allow for
replacement of the piping and to identify landscaping and structures that may be
affected. If new easements are required, the consultant shall provide
documentation required and the City will be responsible for obtaining required
agreements.
5. Contamination Screening Evaluation Report prepared by PSI, dated December 8, 2010.
a. A site assessment report is available for inclusion in the documents; The DCP
will review and identify any work to be provided by the Design Build firm, i.e., the
report states that asbestos-containing cementitious piping (existing water lines)
may be present and the Design shall include requirements for testing and the
asbestos abatement per regulatory requirements; In addition, fill material utilized
during construction of the islands may require further assessment.
6. DERM Permits
a. DERM has capped the Class I1 permit fee at $28,750.00 for this project.
b. Include all necessary plans, specification and other documentation for approval
of Dewatering Permit by DERM and City; Coordinate with guidelines developed
for the Bayshore Packages.
7. WlFl locations to be maintained as per City's requirements.
8. Updated as-built drawings, existing utilities plans and/or atlases provided by the PWD,
existing geotechnical reports, and surveys of the neighborhood.
9. New Federal Government Guidelines on Truck Maximum Weight per lnspection Report.
10. Truck Load Control and Monitoring Plan including requirements for Bridge lnspection
Report at Pre-Construction and Post Construction and monitoring of bridge loading
during construction:
a. Legible log with Company name, tag number, delivery location and weight
b. Guidelines for restriction of bridge use
11. Traffic report and one-way traffic modification plan with recommendations from Miami
Dade County for inclusion of traffic circle and extension of the existing walkway along
Sunset Drive to Island 3 bridge.
12. Coordination of Encroachments and update of list.
13. Water meter relocations - Prepare plans, specifications and details for relocation of
water meters in the rear easements to the right of way (ROW) and for abandoning the
existing watermain located in the easement. This task will include a schematic plan of
each affected residence showing the location of the existing meter@), location of
directional bore(s) and other pertinent information to effect a complete scope of work.
Task 2.1: The DCP shall prepare the Design Criteria Package for bidding by incorporating all
information as required by the City, and all federal, state, and applicable local codes. The
Commission Memorandum - RFQ Issuance for Design Criteria Professional for the Sunset 3 & 4 ROW Project
October 19, 201 1
Page 8 of 16
preparation of the design criteria bidding documents shall include, but not be limited to the
following:
1. Finalize all design criteria for the Project (clearly defining the entire scope of work to be
performed) to be utilized by Design-Build firms to bid, design and construct the Project.
The design criteria shall include issues related to infrastructure design analysis of the
schematic phase 30% design, performance specifications, and all the requirements from
the agencies having jurisdiction (AHJ) over the project as stated in Task 1 .I 7.
2. Preparation, coordination and incorporation of all construction related documents,
including front-end documents, specifications, DCP procedural manual, and any other
guidelines as required.
3. Coordination of bidding documents and other related deliverables, to ensure consistency
of Design-Build bid documents.
4. Preparation of estimate of probable construction cost (Design-Build) based on units
(area, volume, etc.) and prepared in Construction Specification Institute (CSI) format or
similar component breakdown for the City's review and approval.
5. The DCP shall consult with the City in preparation of the design criteria bid documents
and shall seek approval from all applicable City staff prior to bidding the Project.
Task 3: Bidding and Award of Contract
Task 3.1: The DCP shall assist the City in obtaining bids and in the award of the Design Build
contract for the work that was bid pursuant to the Design Criteria Contract Documents. At a
minimum, the DCP shall:
1. Distribute bidding documents to Design Build entities and maintain log.
2. Conduct and document pre-bid conferences, including minutes of all meetings.
3. Respond to bidder's inquiries.
4. Prepare and issue addenda, clarifications, information bulletins, etc., as approved by the
City.
5. Assist the City in the analysis of bids and in determining the lowest responsive bidder.
6. Make written recommendations to the City on the award of the Design Build contract.
Task 4: Submittal Requirements
During the period of this contract, the DCP shall provide the requisite sets of documents to the
City for review at the different levels of completion as determined by the City.
The DCP shall submit to the City five (5) complete sets of contract documents and one (1)
electronic copy or as othewise requested by the City, after award of the Construction Contract,
including all addenda, for Design Build contract for signing purposes.
Task 5: Design Builder's Design Phase
Task 5.1: The DCP shall, at minimum, monitor the Design Builder's design phase as follows:
Commission Memorandum - RFQ Issuance for Design Criteria Professional for the Sunset 3 & 4 ROW Project
October 19, 201 1
Page 9 of 16
1. The DCP shall instruct the Design Builder's Engineer of Record (EOR) to prepare all
required drawings utilizing CADD (vector format).
2. The DCP shall instruct the Design Builder's EOR team of the City's requirements as to
the various phases of design and approvals required andlor mandated by the City.
3. Coordinate and monitor the Design Builder's design phases (Phase 60% and 100%)
and recommend approval or disapproval to the City.
4. Respond to all inquiries and evaluate alternatives presented from the Design Builder for
compliance with the bidding documents and possible City approval.
5. Coordinate all stand-up and/or City reviews with the Design Builder and the City or
others as required including, but not limited to, the following: City's Public Works
Department, City's Parks and Recreation Department, Planning Department, Building
Department, Fire Department, DERM, DOH, DEP and any other AHJ.
6. Review all Design Builder's documentation at all phases of design, submit and obtain
review comments and subsequent approvals from the City's consultants andlor
departments having the authority to review the Project.
7. Assist and monitor the Design Builder's design submittals and subsequent approvals
from other agencies having jurisdiction and utility companies having jurisdiction over the
Project.
By performing reviews, monitoring approvals and making recommendations, as described in
Task 5.1 items 1 through 7 above, the DCP does not assume the Design Builder's contractual
responsibility and professional liability, in whole or in part, for any design andlor contract
documents prepared by the Design Builder's EOR.
Task 6: Construction Phase - General Administration of Construction Process
Task 6.1 : Observation
The DCP shall ensure and require that the Design Builder's EOR team provide construction
administration of the construction to ascertain compliance with all approved construction
documents. This shall include, but not be limited to construction administration of the Design
Build Construction Contract as set forth in City's agreement with the DCP and in the General
Conditions of the Design Build Construction Contract, unless otherwise provided in City's
agreement with the DCP.
On the basis of on-site observations as the DCP, the DCP shall keep the City and Design
Builder informed immediately in writing of the progress or lack of progress and quality of the
construction work ("Work") and shall endeavor to guard the City against defects and
deficiencies in said Work. The DCP shall at all times have access to the Work, whether it is in
the preparation stage or in progress. The DCP shall not have control over or charge of and shall
not be responsible for construction means, methods, techniques, sequences or procedures, or
for safety precautions and programs in connection with the Work, since these are solely the
Design Builder's responsibility under the contract. The DCP shall not be responsible for the
Design Builder's Schedules or failure to carry out the Work in accordance with the
contract documents. The DCP shall not have control over or charge of acts or omissions of the
Design Builder, subcontractors, or their agents or employees or of any other person performing
portions of the Work.
Commission Memorandum - RFQ lssuance for Design Criteria Professional for the Sunset 3 & 4 ROW Project
October 19, 201 1
Page 10 of 16
The DCP shall receive a look-ahead schedule provided by the Design Builder, appropriate to
the stage of construction, in order to determine potential problems and probable solutions, and
report it to City on a regular basis.
As part of the DCP's basic services, the DCP shall conduct at least one monthly Project
visitlmeeting at the Project site during construction to review the Design Builder's progress and
approve payment requisitions.
Moreover, the DCP shall also conduct on-site observation visits during the construction of the
Project. Compensation for each authorized site visit shall be determined during negotiations at a
lump sum cost per site visit for the DCP (EOR and Engineering consultants). The frequency of
the on-site visits will be determined by the City's Projects Manager ("PM") based on the Design
Builder's schedule.
The DCP shall provide a report to the PM, in accordance to the outline shown below for each
authorized site visit. Site visits shall mean a visit authorized by the PM to the Project site (of at
least one hour duration at the Project site) by one or more DCP professional staff or
consultants, for the purposes of observing the Work performed by the Design Builder. Either the
DCP or its consultant(s) shall complete and submit a site visitation report to the PM which shall
contain, at a minimum, the following information:
1. Site visitation report number.
2. Name and location of Project.
3. Name of contractorlsubcontractor.
4. Time of visitation and weather conditions.
5. Project site administrator sign-in and sign-out.
6. Site personnel on-site by trade.
7. Progresslquality of work by trade.
8. Photographic record (if required by the City).
9. Remarks.
Task 6.2: Progress Reporting
The DCP shall prepare a monthly progress report in the format acceptable to the City containing
at minimum the following:
1. Summary Project Data Sheet.
2. Executive Summary.
3. The status of project items, such as requests for information, change orders, shop
drawings, non-compliances, and others as appropriate.
Task 7: Design Builder's Submittals
The DCP shall review and evaluate samples, schedules, shop drawings, and other submissions
Commission Memorandum - RFQ Issuance for Design Criteria Professional for the Sunset 3 & 4 ROW Project
October 19, 201 1
Page I1 of 16
for conformance with the Design Criteria Package and the Design Build Contract Documents.
The DCP's review of any submittal, to the extent of the review required, does not constitute an
approval of the entire assembly of which any given item is a part. The DCP shall require the
Design Builder to be responsible for compliance of the shop drawings with contract documents
and that the Design Builder notifies the DCP in writing of any deviation in the shop drawings
from contract documents or design criteria. The DCP shall select (after consultation with the
City) all colors for all finish materials from their color charts or prepared by the Design Builder.
The DCP shall conduct reviews and evaluations, and respond appropriately with reasonable
promptness in order to cause no delay to the progress of the Project, as outlined in the Design
Builder's City-approved submittal schedule. The DCP shall also prepare in a timely manner
change order items, including the proper documentation, for the City's review and approval.
The DCP shall assemble, for transmittal to the City other written items required of the Design
Builder including, but not limited to, shop drawings, guarantees, operation and maintenance
manuals, and releases of claim and record documents.
Task 8: Substitutions
The DCP shall review and evaluate in a timely manner, for the City's review and approval,
substitutions proposed by the Design Builder, for conformance with the Project requirements.
The DCP shall establish submittal requirements in accordance with the City's guidelines and
incorporate them into the Design Criteria.
Task 9: Quality Control
The DCP shall evaluate the materials and/or workmanship for conformance with the Design
Build Contract Documents, evaluate quality control testing reports, advise the Design Builder
and the City immediately of any unacceptable materials and workmanship the DCP may
discover and ensure that the Design Builder take appropriate action to remedy unacceptable
conditions.
Task 10: Agencies Having Jurisdiction (AHJ)
The DCP shall monitor and cooperate with the City's Public Works Department, City's Parks
and Recreation Department, Planning Department, Building Department, Fire Department,
DERM, DOH, DEP and any other AHJ and shall advise the Design Builder to provide
information and explanations as requested. The DCP shall advise the Design Builder to
respond to any deficiencies noted by the AHJ's in the documents and during construction, by
administering the necessary changes in the plans or taking the necessary action during
construction within five (5) working days from receipt of written notification of the situation by
the AHJ.
Task I I: Certification for Payments
The DCP shall require that the Design Builder's EOR review and approve all requisitions for
payment prior to submitting them to DCP. The DCP shall review the Design Builder's notarized
requisitions for payment, along with the schedule of values, the Project schedule, and
other requirements as noted in the construction contract and shall determine the amounts to be
paid to the Design Builder and shall recommend for City's approval certificates for payme~ts in
such amounts. These certificates will constitute a representation to the City; based on site
observations by all appropriate designated specialists and 1 or engineering disciplines and on
the data comprising the application for payment that the Work has progressed to the point
indicated.
By recommending a certificate for payment consistent with the Design Build Contract
documents, the DCP shall also represent to the City that, to the best of the DCP's knowledge,
Commission Memorandum - RFQ Issuance for Design Criteria Professional for the Sunset 3 8, 4 ROW Project
October 19, 201 1
Page 12 of 16
information and professional judgment, the quality of work is in accordance with the Design
Build Contract Documents, unless the City has been notified to the contrary in writing. However,
the issuance of a Certificate for Payment shall not be a representation that the DCP has made
any examination to ascertain how and or for what purpose the Design Builder has used the
monies paid on account of the Contract. Before approving the Design Builder's requisition for
payment, the DCP shall review the status of the Design Builder's record documents and verify
that they are up-to-date and accurate to the extent visual observation of the Work will disclose.
The DCP shall be responsible for obtaining the contractor and subcontractor's partial releases
of lien from the Design Builder prior to processing subsequent payment applications.
The DCP shall process the Design Builder's requisitions for payment in accordance with the
timeliness established in the general conditions of the Design Build Contract.
Task 12: Record Drawings
Upon completion of construction, the DCP shall coordinate and require that the Design Builder's
EOR, utilizing record data provided by the Design Builder along with the EOR's own record
data, shall revise and update the original working drawings showing all changes made by
addenda, substitutions, change orders or field instructions during construction, in
accordance with the Design Build Contract. After original working drawings have been
updated by the Design Builder's EOR to conform to the record data, and after review and
approval of these record drawings has been obtained from the DCP and the City, the DCP shall
require the EOR, at the Design Builder's expense for duplication, to furnish the City these
documents pursuant to the Design Build contract.
Task 13: Operations and Maintenance Manuals (O&M)
The DCP shall coordinate the acquisition of comprehensive O&M testing reports; trouble
shooting procedures; warranty files; starting-up testing procedures; shutdown procedures;
training materials; emergency full load and part load operations and others as required.
Task 14: Substantial Completion
Upon notification from the Design Builder's EOR that the Project is substantially complete
including, but not limited to, the Design Builder's contract and all Regulatory Agency and Life
Safety Standards, the DCP shall promptly perform the following:
Conduct inspections to determine the date or dates of substantial completion for the Project. If
the Project is found substantially complete and in accordance with the Design Build Contract
Documents, the DCP shall then certify that to the best of the DCP's knowledge and professional
judgment the Project has been constructed in accordance with the Contract Documents, and
shall furnish such other certifications as required by applicable laws or regulations. If the
Project is deemed to be incomplete, the DCP shall notify the Design Builder in writing of the
deficiencies and shall verify the Design Builder's correction of the deficiencies, as required, and
shall then certify as stated above.
Upon certification by thg DCP that substantial completion has been achieved, the City
representatives, accompanied by the DCP, shall perform a substantial completion inspection of
the Project as outlined in the Design Build contract. If deficiencies are still found, the DCP shall
assemble a punch list of comments from any participants representing the City in the inspection
and shall evaluate each comment to determine whether or not they are part of the Construction
Contract. Any not-in-contract (N.I.C.) items shall be further evaluated by the DCP and
recommendations made to the City by the DCP whether they should be added to the Contract
as change orders or be handled by some other vehicle outside the Contract.
Commission Memorandum - RFQ Issuance for Design Criteria Professional for the Sunset 3 & 4 ROW Project
October 19, 201 1
Page 13 of 16
The DCP shall provide to the Design Builder the official, edited punch list within five (5) working
days, and shall verify the correction of in-contract punch list items.
Task 15: Final Completion
If the DCP finds the Project to be complete and acceptable, the DCP shall obtain the City's
approval to advise the Contractor of acceptance and commencement of the warranty period.
Task 16: Projects Closeout
Upon acceptance of the Project by the City as outlined in the Design Build contract, the DCP
shall immediately commence the closeout of the Project, finalizing all aspects of the
construction phase, including: obtaining from the Design Builder's EOR all required submittals,
such as marked-up record documents, warranties, operating and maintenance manuals,
releases of claim; updating and submitting record documents; verifying the Contractor's
completion of punch list items; assisting the City with respect to the final inspection by all AHJ's;
completing the processing of any remaining contract change orders; evaluating the assessment
of liquidated damages, if any and reviewing and processing final payments to the contractor(s).
Task 17: 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.
Task 18: 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 and/or 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.
Interested Firms shall address the following items in the RFQ response:
Item 1. Firm Experience:
1. Indicate the team's number of years of experience in providing the requested
professional services.
2. List all similar projects undertaken in the past ten (10) 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.
3. Provide the name(s) of the person, or persons within your organization who was most
actively concerned with managing each project.
Commission Memorandum - RFQ Issuance for Design Criteria Professional for the Sunset 3 & 4 ROW Project
October 19, 201 1
Page 14 of 16
4. 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.
5. The Design Firm must demonstrate prior experience in serving as the Design Criteria
Professional for public facilities and in the preparation of Design Criteria Packages for
public and municipal facilities in particular in horizontal infrastructure construction in the
right of way.
6. The Design firm must include a Professional Engineer licensed in the State of Florida
whose expertise is civil engineering.
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 as a Design Criteria Professional
and been involved in the preparation planning, design, and construction administration of public
or private projects with similar scope of work - including experience in horizontal infrastructure
projects in the right-of way and should have served as Project Manager on a minimum of three
previous projects having the same approximate value (i.e., construction budget of $5.0 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:
1. Client name, address, phone number, e-mail address.
2. Consultant (Architect or Engineer) name, address, phone number, fax and email.
3. Description of the scope of the work.
4. Month and Year the project was started and completed.
5. Total cost andlor fees paid to your firm.
6. Total cost of the construction, estimated and actual.
7. 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.
ltem 5. Project Approach: Provide a detailed description on the Project Team approach to the
required services, Information should include:
1. Organizational structure of project team.
2. Project specific approach to this neighborhood.
3. Narrative description of team's understanding of the design services for the Project.
Commission Memorandum - RFQ Issuance for Design Criteria Professional for the Sunset 3 & 4 ROW Project
October 19, 201 1
Page 15 of 16
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.
4. 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.
(10 points) - Past performance based on quality of the Performance Evaluation
Surveys and the Administration's due diligence 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.
a (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.
o (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
o (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.
Commission Memorandum - RFQ Issuance for Design Criteria Professional for the Sunset 3 & 4 ROW Project
October 19, 201 1
Page 16 of 16
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), subject to the City's Partial Termination for
Convenience of CH2MHill agreement for the Right of Way (ROW) Infrastructure Improvements
Program Neighborhood No. 8 Bayshore and Sunset Islands Project (the Project); said RFQ for
the preparation of a Design Criteria Package, which is intended to be a Design Build contract; to
serve as the City's representative during the selection of the Design Build firm for the Sunset 3
& 4 ROW Project, concerning the evaluation of the responses submitted by the Design Build
firms; review and approve for compliance of the detailed working drawings for the project; and
for evaluation of the compliance of the project construction with the Design Criteria Package.
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BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibwchfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Matti Herrera Bower
and Members of the City Commission
Jorge M. Gonzalez, City Manager
October 19,201 1 w
Referral to Planning Board - An amendment to the Short Term Rentals
Ordinance that includes a Clause for time extensions.
INTRODUCTION
At the September 21, 2011 meeting, the Land Use and Development Committee
discussed the issue related to the inclusion of exceptions in the Short Term Rental
Ordinance. This item was originally requested by Commissioner Exposito at the May 11,
201 1 City Commission Meeting (Item C4D).
The recently enacted Flamingo Park Short-Term Rental Ordinance contains provisions
and regulations governing those properties to be legalized for short term rental.
Recently, an attorney for the apartment building at 751 Meridian Avenue made inquiries
at the Planning Department regarding the short-term rental ordinance, after the property
was cited by Code Compliance for short-term rentals without a license. Mr. Simon Ferro
has determined that the property would have met all the criteria of the ordinance, but for
the fact that the State of Florida mistakenly issued them a license for non-transient
apartments, even though they had applied previously for transient apartments.
The deadlines of the ordinance cannot be waived by City staff; any exemption would
require additional legislation to reference such a case.
RECOMMENDATION
osed ordinance to the Planning Board for its review and recommendation.
w-
M:\$CMB\CCUPDATES\Land Use and Development Committee\September 19, 201 I\DISCUSSION ON INCLUDING A
CLAUSE FOR EXCEPTIONS IN THE SHORT TERM RENTALS ORDINANCE rev 9-8-1 I .doc
Agenda Item C V A
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Matti Herrera Bower
and Members of the City Commission m
Jorge M. Gonzalez, City Manager \/')/)
October 19,201 1
Referral to Planning Board - The Height Regulation Exceptions of the
Land Development Regulations to permit small rooftop wind turbines, up
to 10 feet above the main roofline.
INTRODUCTION
At the September 21, 201 1 meeting, the Land Use and Development Committee had a
discussion regarding an amendment to the Land Development Regulations of the City
Code to address wind turbines which was referred by the City Commission at its
September 14, 201 1 meeting at the request of Commissioner Tobin.
The existing interpretation for mechanical equipment limits the height to 5 feet above the
roofline, which will not allow effective placement of small turbines on roofs of homes.
Other rooftop structures may be permitted to reach 10 feet in height above the main
roofline, and this height would allow for efficient operation of rooftop wind turbines.
Amending the code to specify rooftop wind turbines as an allowable height exception for
single family homes, up to 10 feet above the main roofline, would permit these turbines
to be installed by homeowners. This height should not have a negative effect on
surrounding residential properties as long as the proper setback requirements are
respected.
RECOMMENDATION
ordinance to the Planning Board for its review and recommendation.
T:\AGENDA\2011\10-19-1 l\Referral to Planning Board - rooffop wind turbines.doc
Agenda Item C Y6
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Matti Herrera Bower
and Members of the City Commission
Jorge M. Gonzalez, City Manager
October 19,201 1
plans.
Referral to Planning Board for - "Construction
Parking Plan", establishing the requirements for construction parking
ADMINISTRATION RECOMMENDATION
Refer the proposed ordinance to the Planning Board for its review and comments.
SUMMARY
At the September 21, 201 1 meeting, the Land Use and Development Committee had a
discussion regarding an amendment to the City Code requiring that a construction
parking plan be provided at the time a building permit is requested, and the establishing
of requirements for such a plan. The Committee recommended referring this to the
Planning Board for its review and comments.
The proposed ordinance requires a comprehensive parking plan for construction workers
as part of the construction plan submission for all new construction andlor substantial
improvement of any structure in a single-family district, or the construction or substantial
improvement of any structure within a two hundred (200) foot radius of a single-family
district. The ordinance also requires that a bond be posted and a review fee for the
parking plan.
JMG
T:\AGENDA\201 l\lO-19-1 l\Referral to Planning Board - parking plan.doc.docx
Agenda Item c4c
Date /0-/9-h
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October19,2011
SUBJECT: REFERRAL TO THE FINANCE COMMITTEE A
DISCUSSION PERTAINING TO THE ISSUANCE OF A REQUEST FOR
PROPOSALS (RFP) FOR AUDITING SERVICES FOR THE CITY'S BASIC
FINANCIAL STATEMENTS INCLUDED IN THE CITY'S COMPREHENSIVE
ANNUAL FINANCIAL REPORT (CAFR), FEDERAL GRANT PROGRAMS AND
STATE PROJECTS (OMB A-133 SINGLE AUDIT), THE MlAMl BEACH
REDEVELOPMENT AGENCY'S BASIC FINANCIAL STATEMENTS (RDA), THE
PARKING SYSTEMS FUND'S (PSF) FINANCIAL STATEMENTS, THE MlAMl
BEACH VISITOR AND CONVENTION AUTHORITY'S (VCA) FINANCIAL
STATEMENTS, THE MlAMl BEACH CONVENTION CENTER, AS MANAGED BY
GLOBAL SPECTRUM, FINANCIAL STATEMENTS, THE CHILDREN'S TRUST
PROGRAM, THE BUILDING BETTER COMMUNITIES BONDS PROGRAM, AND
THE SAFE NEIGHBORHOOD PARKS AND BOND PROGRAM (SNP).
ADMINISTRATION RECOMMENDATION
Refer the matter to the Finance and Citywide Projects Committee for discussion.
ANALYSIS
The City is required to have annual independent audits for the following:
The City's Basic Financial Statements included in the City's Comprehensive
Annual Financial Report (CAFR);
Federal Grant Programs and State Projects (OMB A-1 33 Single Audit);
Miami Beach Redevelopment Agency's (RDA) Basic Financial Statements;
Parking Systems Funds' (PSF) Financial Statements;
Miami Beach Visitor and Convention Authority's (VCA) Financial Statements;
Miami Beach Convention Center (MBCC);
The Safe Neighborhood Parks and Bond Program (SNP);
The Children's Trust Program; and
The Building Better Communities Bond Projects
The current auditors, McGladrey and Pullen were selected in Request for Proposals (RFP)
No. 23-05/06 and approved under Commission Resolution 2006-26247 to provide auditing
services for a period of five (5) years with the sole option and discretion of the City to renew
for five (5) additional one (1) year periods.
McGladrey and Pullen conducted the above audits for fiscal years 2006 through 2010 and
will be conducting the audit for fiscal year 201 1 pursuant to Commission Resolution No.
201 1-2771 4. However, we are referring this for discussion.
Agenda Item c4b
i ate
City Commission Memorandum - RFP for Auditing Services
October 19,201 1
Page 2 of 2
CONCLUSION
The Administration recommends that the Mapr and the City Commission refer the matter to
the Finance and Citywide Projects Committee for discussion.
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Jorge M. Gonzalez, City Manager
Robert Parcher, City Clerk
MEMORANDUM
Jorge R. Exposito, Commissioner
October 3,2011
Referral to Neighborhood/Community Affairs Committee
Please place on the October 19, 2011 Commission Agenda a referral to the
Neighborhood/Community Affairs Committee for discussion, requesting we consider leaving
the Altos del Mar location as Passive Greenspace.
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 comm~tted to prov~drng excellent publrc servrce ond sofey to 011 who Irve, work, and play In our vrbri
Agenda Item C c/ E
Date LO-@-/.
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TO:
FROM:
DATE:
20:lCCT I I [$:f:S
City Manager Jorge M. Gonzalez ,, e *
.-- . -
Commissioner Jerry ~ibbih '
October 6,201 1
SUBJECT: Referral to Neighborhoods/Community Affairs Committee of Draft
Amendments to the City Code to Repeal All Provisions in Conflict with
New Statutory Provisions Preempting the Regulation of the Firearms to
the State
Please place an item on the October 19" City Commission agenda referring to the
Neighborhoods/Community Affairs Committee consideration of a proposed ordinance
amending the City Code to comply with the new state law preempting the regulation of
firearms to the State of Florida. Based upon prior City Attorney opinions that the City
Code provisions regarding firearms were preempted by state law, the Administration
was proactive in changing the City's beach "no firearms" signs prior to the enactment of
the new state law. Due to the amendments to Section 790.33, Fla. Stat., the Florida
legislature has now made clear that local governments are preempted from regulating
firearms. (See enclosure). The new State law further provides penalties for officials
and local governments that enforce any such preempted local ordinances or
administrative rules or regulations.
J L/er
Attachment
F:WTTO\TURN\MEMOS\Memo Re Regulation of Firearms to the State.docx
Agenda Item CYF
Date /o-[?-//
'1
*New state law puts bullet in local gun ordinances - 09/30/2011 1 MiamiHerald.com
I!
Page 1 of 2
Posted on Fri, Sep. 30, 201 1
New state law puts bullet in local gun ordinances
By Eileen Soler
For The Miami Herald
Heading to the beach, but hate to leave your gun behind?
That's no longer a problem - as long as you have the required permits -thanks to a new
state law taking effect Saturday that punishes local municipalities that enforce their own
public safety ordinances.
Now null and void: A Miami Gardens law prohibiting guns in parks; a Miramar law restricting
firearms from cars parked on city property; and a law in Dania Beach making it illegal to bring
guns to the beach or into the ocean.
"It's the new bring-your-gun-to-the park law," said Weston Mayor Eric Hersh during a recent
commission meeting in which the city law was dissolved.
The state has had complete control over gun laws since 1987, although until now lawmakers
looked the other way when local municipalities enacted their own public safety ordinances.
That changed in the most recent Legislative session, when the state law was amended to
allow penalties.
"If you do not follow that regulation, you are exposed'to things unheard of," City Attorney
Jamie Cole warned at a recent Miramar commission meeting.
Now the state has the power to punish local government officials who continue enforcing
their own firearm laws. That means if a city commissioner, city manager or even a police
chief upholds a gun restriction law that differs from the state's, they can be fined personally
up to $5,000 and be fired or removed from office.
Further, a person charged with breaking a local gun law - not a state law - can take the
municipality to court and be awarded damages up to $100,000.
That left many officials smoking angry.
"It looks like we might have to pack and load," said Dania Beach Commissioner Bobbie
Grace.
Since June, local governments have been scrambling during their commission meetings to
repeal their own gun laws.
In some'cases, amendments were made by striking through the words "guns," "firearms" and
, New s&te law puts bullet in local gun ordinances - 09/30/2011 ( MiarniHerald.com Page 2 of 2
"ammunition" in all city code. City to city, elected leaders voted yes across the board for the
deletions or risk breaking the law themselves.
"I don't think this is best for our children, but we have no choice," said Hersh, the Weston
mayor.
Pembroke Pines Commissioner Iris Siple called the state statute "horrible."
"All I can think of is that movie with Bill Murray running around saying 'this is crazy, this is
crazy,"' Siple said.
Of all the local municipalities, Pembroke Pines' changes were among the most minimal: No
longer does the police chief have the authority to issue gun permits. (Under state law, only
the Department of Agriculture and Consumer Services can issue permits.) Pembroke Pines
also rescinded a law that made it illegal to shoot firearms within city limits under any
circumstance -think no target practice in the backyard or no shooting into the air on New
Year's Eve.
Pines resident Cyril Tony said he thinks it makes sense that there be one'law, statewide, so
people can be sure of it from city to city.
"People move around a lot. Most people don't even know when they leave a municipality,
much less its rules," Tony said.
The new statute does not loosen state laws. Florida law still prohibits shooting guns in public
places, on paved roadways including highways and streets, or over occupied buildings.
Guns are also still not permitted in schools, courthouses, at government meetings, sporting
events, airports or privately-owned businesses. It is still also illegal to bring a gun into a
workplace -although it is legal to keep the gun stored in the parking lot.
Miami Herald reporters Gideon Grudo and Silvana Ordoiiez contributed to this report.
0 201 1 Miami Herald Media Company. All Rights Reserved.
http://www.miamiheraId.com
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MIAMI BEACH
2:: \ 1 P:: 5: fiJ
OFFICE OF THE MAYOR AND COMMISS~ON .- MEMORANDUM
TO:
FROM:
DATE:
.--- " -
Jorge Gonzalez, City ~at-k~e-r. -I
Jerry Libbin, Commissioner Y
October 05, 201 1
SUBJECT: Agenda item for the October 19th, 201 1 Commission Meeting; a referral to
the Neighborhood / Community Affairs Committee meeting
Please place on the October 1 9'h Commission Agenda a referral to the Neighborhood /
Community Affairs Committee meeting; a proposal for a donation of art pieces to be
displayed on Lincoln Road.
I was approached by Mr. Leonard Fonarov (retired engineer and now an artist), who has
offered to donate concrete balls with artistic lettering for Lincoln Road as seen on the attached.
Please contact my office at ext. 71 06 if you have any questions.
JL/er
Attachment
(I,(- I , ~l,llll~~~~,~i ~~l~,bl~~lll~l c!xLl%~~, !III Fj,,tl~ic SC~ILI~<> (,r,cj b(7/,!1y I(, 011 VVII(? If,tt?. VW,,~. L~I~CI plciy ,(I Agenda Item C (/6-
Date /o-lf-//
SAMPLE: FIRST TWO LEnERS 13-01 Existin9 balls are 30" diameter. Proposed letters: 10" Hkh Colors are as shown TOP VIEW
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
DATE : October 1 1,201 1
SUBJECT: Referral ltem for October 19 Commission Meeting
MEMORANDUM
Please place on the October 19 Commission meeting consent agenda a referral
to the Neighborhoods Committee for discussion concerning the ongoing store
front damages and graffiti issues on Washington Ave. If you have any questions
please feel free to contact my aide Diana Fontani at ext 6087.
I Agenda ltem C L/H
, Date /041?-//
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Ed Tobin, Commissioner
DATE: October 10,201 1
SUBJECT: Agenda Item for September 14'~ city Commission Meeting
Please place on the October 19th1 201 I Commission Meeting Agenda a referral to Land
Use Committee regarding a discussion of the RM3 regulations concerning attached and
detached additions to buildings in the architectural district.
If you have any questions please contact, Dessiree Kane at Extension 6274
We ore cornmilled lo provrding excellenl public se~ce ond sofeiy lo 011 who live, work, ond ploy n our vib~ , Agenda Item 41
I Date io-/q-f/
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MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
MEMORANDUM
Jorge M. Gonzalez, City Manager
Matti Herrera Bower, Mayor &4&~~5
October 12,201 1
SUBJECT: Consent Agenda Item: Referral to Neighborhoods Committee
Please place on the Oct. 19, 201 1 Commission meeting agenda a referral to the
Neighborhoods Committee of a discussion regarding a potential signage program
establishing Miami Beach as a hate free zone.
I thank you in advance for your cooperation in this matter. If you have any
questions, please do not hesitate to contact Rebecca Wakefield at extension 6157.
Thank you.
We are commti~ed to providing excellent public service and solev lo 011 who live, wrk, ond play in oui
I Agenda Item C V 7
I Date l0-lQ-lj
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MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMITTEE MEMORANDUM
To:
From:
Date:
Subject:
Mayor Matti Herrera Bower and Members of the City Commission -
Jorge M. Gonzalez, City Manager
October 1 9,201 1
REPORT OF THE CAPITAL OVERSIGHT
COMMITTEE MEETING OF SEPTEMBER 12,2011
The meeting was called to order at 5:33 p.m.
Please note: These minutes are not a full transcript of the meeting.
Full audio and visual record of this meeting available online on the City's website:
http:// www, miamibeachfl. aov/video/video. asp
ATTENDANCE
See attendance sheet copy attached.
REVIEW AND ACCEPTANCE OF MINUTES 5: 34
Report of the corrected April 11, 201 1 meeting minutes in the September ClPOC agenda packet
for review by Committee.
MOTION: Acceptance of Corrected Minutes of the April 1 1, 201 1 ClPOC Meeting
MOVED: D. Kraai 2nd: E. Carney
PASSED: Unanimous
Report of the Capital lmprovement Oversight Committee Meeting of July 11, 201 1
MOTION: Acceptance of Minutes of the July 1 1, 201 1 ClPOC Meeting.
MOVED: C. Cuervo 2*: E. Camargo
PASSED: Unanimous
DISCUSSION (Impromptu) 5:35
Saul Gross inquired about how the City and the Office of Capital lmprovement Projects reconciles
the Bike Master Plan within the plans for neighborhood improvements, since most of the BODRs
were completed before the Bike Master Plan went into effect. Fernando Vazquez, CIP Director,
explained that CIP is working on incorporating bike paths as prescribed in the Master Plan within
the plans for the neighborhoods, while taking into consideration the requests from residents for
such things as expanded green space in the neighborhoods. This is being specifically addressed
with the Bayshore neighborhood. Saul suggested that CIP bring the remaining BODRs to the Bike
Committee and work with the Committee to incorporate bike paths where they are suggested in
the Master Plan. This way, conflicts can be identified and worked out.
ACTION: Bring BODRs for remaining neighborhoods to Bike Committee for discussion on
integration of bike paths in CIP projects to conform with Bike Master Plan.
PRESENTATIONS:
Coo~eration between residents and ~roiect team on Sunset Islands I & I1
Maria Palacios, Public Information Specialist for the Office of Capital lmprovement Projects,
presented information on a situation on Sunset Island I as the outfall rehabilitation was taking
place. There was an oak tree, planted by residents on the right of way in front of their property.
Agenda Item CGA
Date /o-/9-//
ClPOC MEETING MINUTES, September 12,2011
Page 2 of 5
This particular tree was in conflict with the construction work to be done and had to be removed.
CIP, Parks and the contractor worked with the residents, who were happy to donate the tree they
had planted in the right-of-way to the island, and the tree was transplanted at the entrance to
Sunset Island I & II for all to enjoy.
Bandshell Park Ribbon-Cuffing
On Friday, September 9, 2011, the Parks and Recreation Department held a ribbon-cutting
ceremony for the completion of the bandshell at North Shore Park. Maria Palacios presented
some photos and a short description of the event. Saul Gross asked that the Committee be
notified about these events in advance. It was noted that CIP did not coordinate this event, and
was invited. In the future, the office will endeavor to advise the Committee of these events as
soon as it is made aware of them.
STAFF ACTION: Inform the Committee of ribbon-cutting events and City ceremonies, even if they
are not coordinated by CIP.
PUBLIC COMMENTS
No Public Comments were brought forward.
Status Re~ort: Normandy Isle Neiahborhood 546
Mattie Reyes, Senior Capital Projects Coordinator, stated that CIP is awaiting final approval and
meeting mintues from the Finance and Citywide Projects Committee for the funding for the work
in the Normandy lsle North neighborhood. Funding will come from PTP funds and some
additional funds that were approved through the funding request process with the Finance and
Citywide Projects Committee. The AIE is completing the design for the Marseille lighting, which is
to include nine (9) additional light fixtures.
Status Re~ort: Sunset Island I & I1 5:48
Maria Hernandez, Senior Capital Projects Coordinator, informed the Committee that the first
Notice to Proceed was issued in August and a Community Pre-construction meeting will be held
in October. Estimated start date is late October, and the project is expected to last 12 months.
Eleanor Carney asked for clarification about the need for a technical review panel. This will be for
the CEI services (certified engineering and inspection as a third party). Once the TRP meets and
selects a CEI professional, this will be brought to Commission. This does not affect the presented
timeline.
Elizabeth Camargo congratulated Maria and the crew on the work to relocate the tree on the
island, as mentioned in the presentation. She stated that the difficult procedure was carried out
with very little disturbance to the residents.
Status Re~ort: Sunset Island 111 & IV 550
Fernando Vazquez and Mattie Reyes, Senior Capital Projects Coordinator, explained that CIP is
restructuring the engineering design component, now at 40%, to incorporate the FPL
undergrounding into the design, as per request by the residents. To that end, the City will seek
structuring this as a design/build project, which will enable the City to get a binding estimate for
the work, which is an FPL requirement for undergrounding.
Last meeting, there was concern from residents that FPL had not responded. But since the
meeting, FPL has been communicating with the HOA and the City and everyone is proceeding.
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100
ClPOC MEETING MINUTES, September 12,201 1
Page 3 of 5
There was a meeting with the HOA, CIP and Public Works, as well as a meeting with the City's
Finance Department. Design criteria completion is expected, perhaps, by February, so the
package could go out to bid for a designlbuild firm in Spring.
Saul Gross asked how the County handles the funding for undergrounding in the neighborhoods.
The answer is that a they float a bond in addition to collecting money from residents through an
assessment. Grace Escalante, Senior Capital Projects Coordinator, confirmed this, and went on
to discuss the status of undergrounding for Palm and Hibiscus Island.
Status Reroort: Palm & Hibiscus Island Underwounding 5: 57
Grace Escalante, Senior Capital Projects Coordinator, explained that Miami-Dade County (MDC)
has collected over $500,000 in funds for the undergrounding special assessment from Hibiscus
lsland residents. MDC plans to float a bond in order to fund the project.
The HOA requested that FPL provide a new binding estimate for the undergrounding of Hibiscus
lsland only. The HOA believes that the new estimate for the undergrounding of Hibiscus Island
will come in at a lower cost than the binding estimate provided on July 15, 2010. FPL's binding
estimates are valid for 180 days. Once the County receives the new binding estimate from the
City and FPL (including ABB & ATT), the County will pursue floating a bond to cover the costs of
the undergrounding project.
The City and the County need to enter into an inter-local agreement in order to reimburse the City
for the costs of the utility undergrounding project. In order for this to occur, the City of Miami
Beach Commission has to adopt a policy regarding funding for private utility undergrounding. In
addition, the City and the County need to reconcile the issue of FPL's requirement that they are
paid upfront for the work.
Saul Gross pointed out that lessons learned with the Palm and Hibiscus endeavor for
undergrounding would serve to guide Sunset Ill & IV. It seems that one way of handling the
demands of FPL for up-front payment is to obtain a construction bridge loan. CIP is proceeding
with the neighborhood improvement project as the Palm lsland residents do not want any further
delays due to the undergrounding issue. Currently, the FPL and HOA are in disagreement over
fees incurred regarding FPL engineering costs. CIP hopes that the undergrounding issues will be
resolved concurrently with the development of a design criteria package which will go out to bid to
a design build firm.
Status Reroortr Lower North Bav Road 6: 06
Maria Hernandez, Senior Capital Projects Coordinator, stated that the Community Pre -
Construction meeting was held, and Atkins has received the Notice to Proceed. Saul Gross
clarified that the revisions to the drawings had been completed. The CEI (Atkins) has been
awarded a contract, and at the time of the meeting was awaiting execution.
In Central Bayshore, which has the same CEI, a neighborhood pre-construction meeting was
already held, and one was scheduled for Lake Pancoast on September 21. First Notices to
Proceed have been issued for Lower North Bay Road, Central Bayshore and Lake Pancoast. All
are expected to start work within a month of each other.
Saul Gross asked if the change order for Bayshore ROW has been received for the engineering
changes that were made to the drawings. At the time of the meeting, the City was awaiting the
change order from the construction company for the additional cost to carry out the changes to
the plans. This will be brought to Commission for approval. This does not appear to delay
construction.
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101
I P 1 5 i3 5 a B s
ClPOC MEETING MINUTES, September 12,2011
Page 4 of 5
Saul Gross asked if since the bids came in low if there are savings that can be transferred to
cover the change order. The answer is yes, to a degree. Most of the changes are drainage
related. Funds need to match.
Saul Gross further asked about the issuance of new stormwater bonds. Jorge Cano,
Administration and Business Officer, provided an overview of the procedure for the new bond
tranche. The first tranche represents approximately $50 million. The City is awaiting a study of the
City stormwater system to support the issuance. The City expects to issue the new bonds before
the end of the year.
Status Report: Venetian Islands 6:12
A Technical Review Panel was scheduled to meet September 20 to select a contractor for
recommendation. We anticipate that the recommendation will be presented for approval at the
October Commission meeting.
Roberto Rodriguez presented the requested report on the streetscape project on the Causeway.
The agenda packet included a written report. Construction, as of the meeting, was only at 22%
completion. This is County construction and is moving slower than anticipated. The City had been
trying to coordinate the improvements on the Venetian Islands with the County work on the
Causeway. There will be an overlap of work, as crews and equipment will be sharing the same
corridor, and this will affect traffic on the Causeway.
Eleanor Carney requested that the contractor phases work so that the north sides of the islands
are completed first and then to move to the south sides,
STAFF ACTION: Coordinate with the contractor for Venetian Islands, indicating resident request
(Eleanor Carney) to phase work so that the north sides of the islands are completed first.
Saul Gross inquired if CIP is able to ask the contractor to hold their prices during the delay.
Fernando Vazquez said that this is reasonable, and pointed out that the contractors for the
Bayshore projects have held their bid prices since February and work is beginning in October. He
also noted that prices for construction are starting to rise.
Roberto Rodriguez continued to say that the City is ready to do the watermain work on the south
side of the causeway, and is awaiting the move to the south side by the County.
At the September meeting, ClPOC requested that City officials meet with County officials to
discuss several landscaping issues. The presentation is included in the agenda packet.
Eleanor Carney presented a letter from Deborah Leibowitz and Todd Davis, residents of Venetian
Islands, which proposes four types of plants to be considered for the capital improvement project.
She asked that it be included in the record.
STAFF ACTION: Include the presented letter in the record.
Ms. Carney opined that coconut palms are not a wise choice for planting in the medians, because
the coconuts drop and can roll into traffic. Mr. Rodriguez stated that the medians on the
causeway where the palms will be planted are 15 - 20 feet wide. Mr. Rodriguez added that
residents had been in favor of planting coconut palms, and this is reflected ih the minutes of the
community meetings that the County had with residents.
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102
s s w e *i * b a 6
ClPOC MEETING MINUTES, September 12,2011
Page 5 of 5
Status Report: Flaminsro Park Proiect 6:28
Grace Escalante, Senior Capital Projects Coordinator, presented an update on the Tennis
Center. CIP was to recommend a CM@ Risk contractor at the September 14 Commission
meeting for approval. The hope is that a constructability review will be conducted between now
and December, so that CIP can return to Commission as early as the December meeting with a
Guaranteed Maximum Price (GMP). Ms. Escalante confirmed that 17 clay courts will be built.
Courts will remain open during construction, and a temporary pro shop trailer will be installed on
the site.
Mattie Reyes, Senior Capital Projects Coordinator, said that an NE is on board for the football
field and handball courts and the City is planning on starting construction in Februrary. The goal
is to open up the play field by September, for the beginning of high school sports season. Two
permits will be pulled: one for the play fields and one for the existing building renovations.
There was a discussion about the Boys and Girls Club building. Ms. Reyes said this is being
handled by the Boys and Girls Club, but that she did meet with Zyscovich, the NE for that project
particularly, to make sure that drainage issues are being addressed. The Handball courts project
is currently placed on hold pending revisions to the 30 % plans.
The entire Master Plan is being approached as individual pull-out projects in the interest of
expediting the construction. The perimeter fence, for example, will be addressed with a JOC
contractor. There is also a possibility that a JOC contractor can do the work on the Historic Lodge
at the park. This helps to break up the projects and address the current funding shortfall, which
CIP hopes will be alleviated with future budget cycles.
Status on Stormwater Master Plan 6:28
Rick Saltrick, Acting City Engineer, said that the Public Works Department is meeting regularly
with CDM as revisions are being made to the Master Plan. As per the City's request, CDM
removed work that was proposed within County right of way. CDM has also revised some of the
unit pricing. Now, they are working on cost-estimating in preparation for the new bond issuance.
This plan addresses all of the City, including "non-priority" basins. The plan now constitutes a
long-range plan taking into account future conditions. The non-priority basins have met the five-
year, one-day level of service for stormwater drainage.
Saul Gross asked about the Miami Beach Golf Course plan for re-use of the lake water. This was
a question for the Parks Department, and Mr. Vazquez indicated that CIP would ask a
representative from Parks to address that question.
STAFF ACTION: Relay Mr. Gross' question to Parks for an answer.
Dwight Kraai asked which estimates the City was using for calculations about rising sea levels.
Mr. Saltrick said that the City was using a medium estimate of approximately seven inches over
the next 50 years.
STAFF ACTION: Bring back estimate information for Mr. Kraai.
The stormwater master plan will first be brought to the Finance and Citywide Projects Committee
for approval, then to the City Commission before it is disseminated to the public. A draft will also
be brought to the ClPOC for review.
STAFF ACTION: Bring draft of the Stormwater Master Plan for review by ClPOC when it is ready
for presentation to Finance and Citywide Projects Committee and Commission.
Meeting Adjourned:
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 19, 201 1
SUBJECT: REPORT OF THE SEPTEMBER 2 SE AND DEVELOPMENT
COMMITTEE MEETING
A Land Use and Development Committee meeting was held on September 21, 2011.
Members in attendance were Commissioners Wolfson, Exposito, and Gongora.
Members from the Administration and the public were also in attendance. Please see
the attached sign-in sheet. The meeting was called to order at 4:15 pm.
1. SHORT-TERM RENTAL ORDINANCE ENFORCEMENT
AFTER-ACTION: ltem CONTINUED, after discussion of Building and Fire Code
issues. Staff was directed to coordinate a meeting with interested parties and
Building and Fire officials to try to solve their outstanding issues.
2. DISCUSSION ON INCLUDING A CLAUSE FOR EXCEPTIONS IN THE SHORT
TERM RENTALS ORDINANCE.
AFTER-ACTION: The Committee discussed the issue related to the inclusion of
exceptions in the Short Term Rental Ordinance. The recently enacted Flamingo Park
short-~erm Rental Ordinance contains provisions and regulations governing those
properties to be legalized for short term rental. One property would have met all the
criteria of the ordinance, but for the fact that the State of Florida mistakenly issued
them a license for non-transient apartments, even though they had applied
previously for transient apartments. Since the deadlines of the ordinance cannot be
waived by City staff; any exemption would require additional legislation to reference
such a case.
MOTION: Gongora/Exposito (3-0) Refer the ordinance to the Planning Board with
language developed by Gary Held that extends the deadline period for compliance.
3. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 "BUILDING
REGULATIONS" OF THE ClTY OF MIAMI BEACH CODE OF ORDINANCES, BY
ADDING SECTION 14-72 TO BE TITLED "CONSTRUCTION PARKING PLAN",
ESTABLISHING THE REQUIREMENTS FOR CONSTRUCTION PARKING
PLANS; AMENDING APPENDIX A BY CREATING A CONSTRUCTION PARKING
PLAN REVIEW FEE; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
AFTER-ACTION: Jorge Gomez explained the matter regarding construction
workers parking in swale areas in single family neighborhoods. The ordinance would
require a parking plan for projects exceeding the 50% threshold. A $5,000 bond
Agenda ltem
Date 10-/f-//
Cify Commission Memorandum
Reporf of the Land Use & Development Commiftee Meeting of September 21,2011
Page 2 of 2
would be required if swale parking was envisioned.
MOTION: Gongora/Exposito (3-0). Refer the ordinance to the Planning Board for
its review and comments even though it is not part of the land development
regulations, inclusive of amended language of a bond or alternative instrument.
4. DISCUSSION ON THE PARKING REQUIREMENT AND HOW WE CAN
INCENTIVIZE FOR HOTEL DEVELOPMENT.
AFTER-ACTION: The Committee discussed the issue, and requested that staff
continue to research urban hotel parking requirements and work with the hotel
industry to develop industry standards and bring back to the Committee next month.
5. DISCUSSION ON THE DE-INTENSIFICATION OF THE 1-1 LIGHT INDUSTRIAL
DISTRICT.
AFTER-ACTION: DEFERRED
6. DISCUSS AMENDING THE HEIGHT REGULATION EXCEPTIONS OF THE LAND
DEVELOPMENT REGULATIONS TO PERMIT SMALL ROOFTOP WIND
TURBINES, UP TO 10 FEET ABOVE THE MAlN ROOFLINE.
AFTER-ACTION: Richard Lorber explained that wind turbines are not included in
the permissible heights of accessory structures on rooftops of single family homes.
Since the Code does not specifically address wind turbines, they have been
categorized as "mechanical equipment" and limited to five feet above the main
roofline.
MOTION: GongoralExposito (3-0) Refer to the Planning Board to consider
legalization of wind turbines on rooftops in single-family homes and consider
appropriate review, impact on noise and on neighborhood and consider appropriate
number.
7. DISCUSSION ON ARTIFICIAL GRASS AT HOTELS AND HOMES AND THE
PLANNING DEPARTMENT PROCEDURE FOR APPROVING SAME.
AFTER-ACTION: DEFERRED
Attachment
T:\AGENDA\2011\10-19-1 I\LUDC Meeting of September 21,201 1 afteraction.docx
LAND USE AND DEVELOPMENT COMMITTEE MEETING September 21, 201 1 @ 4:00 pm City Manager's Large Conference Room Attendance Sheet I I I I M:\$CMB\CCUPDATES\Land Use and Development Committee\Sign In Sheet 201 I .docx
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AM1 BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov
COMMITTEE MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the Clfy-Commission
FROM: City Manager Jorge M. Gonzalez
DATE: October 19, 201 1
SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE
MEETING OF September 26,201 1.
OLD BUSINESS
1. Follow up: Discussion regarding the Miami Beach Festival of the Arts
and potentially contracting with a professional art festival company
to produce the Festival for the City
The Committee asked that the Neighborhood/Community Affairs
Committee prioritize the proposed alternatives for the Festival of the Arts.
Max Sklar, Director of Tourism & Cultural Development, presented the item.
The Miami Beach Arts and Crafts Festival took place on April 9 - 10, 201 1. Attendance
was very poor and the vendors reported very low sales over the course of the two day
event. Sales were so poor that some vendors said that they would not return and the
producer had to refund their registration fes. The Fine Arts Board discussed the 201 1
Festival at their regularly scheduled meeting on April 14, 201 1. The members generally
felt that the Festival was not a success, and that marketing and promotion of the Festival
was poor. There followed general discussion about street art festivals being passe. All
agreed that the Festival presented a "bad image" of Miami Beach to the public. The
Board recommended by unanimous vote that the City permanently cease presentation of
the Festival and seek other ways to promote activity in North Beach.
Members of the Finance & Citywide Projects Committee discussed the Fine Arts Board
recommendation at its meeting on May 19, 2011. The Committee was hesitant to
approve cancellation of the Festival without having a clear alternative in place. There
was general agreement that a series of events over an extended period of time would be
more effective in promoting business and community in the North Beach neighborhood
than the one-weekend-a-year Festival of the Arts. The proposed alternatives to the
Festival include Arts in the Park options which include movies and live performances
dedicated to the North Shore Band Shell, street vendor festival, and food truck event.
The Committee asked that the Neighborhood/Community Affairs Committee prioritize the
Agenda Item C 6 C
ate
proposed alternatives for the Festival of the Arts.
2. Discussion regarding a proposed ordinance on ethics guidelines for
acceptance of gifts, favors, or services by City employees
ACTION
The Committee recommended that Administration monitor the county regarding
ethics guidelines for acceptance of gifts, favors or services by elected officials
and City Employees and provide a status report to the Finance & Citywide
Projects Committee.
Commissioner Jonah Wolfson introduced Frank Del Vecchio, Miami Beach Resident,
who presented the item. Mr. Del Vecchio proposed that the City Commission implement
a standard of conduct prohibiting the City's Officers and Employees from accepting a
gift, favor or service discounted below fair market value for1 , an entity doing business
with the City or from a lobbyist. Mr. Del Vecchio provided examples from the United
States Department of Justice Ethics Office Handbook on acceptance of gifts by federal
employees. Discussion ensued. City Attorney Jose Smith stated that Miami-Dade
County is currently reviewing the issue. The Committee recommended that
Administration monitor the county regarding this issue and provide a status report to the
Finance & Citywide Projects Committee.
3. Discussion regarding Security Alliance
ACTION
The Committee recommended that the Administration begin the Request for
Proposals (RFP) process for security services and include the new criteria
mentioned in the meeting as part of the evaluation process.
Procurement Division Director Gus Lopez presented the item.
Beginning in or around at least the late 1990's and continuing until in or around March
2007, the defendant, JAMES B. LOFTUS, JR., and Brian W. Ouellette occupied high-
level security positions at Rooms To Go ("RTG"), which was a Florida corporation with
its principal place of business in the Middle District of Florida. In those positions, the
defendant and Ouellette were given substantial discretion by RTG to handle security-
related matters entrusted to them.
Without RTG1s knowledge and approval, however, the defendant and Ouellette created,
among other entities, Lot 49 Inc. and Wiley Management Corp. ("Wiley Management"),
respectively to enable themselves to secretly receive kickbacks from an outside security
vendor named Security Alliance, LLC, alkla Security Alliance of Florida, LLC ("Security
Alliance"), which RTG had retained to employ and manage its security guards.
Unbeknownst to RTG, Security Alliance had created another company, Choice
Management Solutions, LLC ("Choice Management"), to make these kickback payments
to the defendants and Ouellette.
To conceal and cover-up these kickbacks from RTG, the defendant and Ouellette,
among other things, secretly prepared sham invoices addressed to Security Alliance and
Choice Management which fraudulently sought payment for "consulting" services, and
which required that such payments be made indirectly to the defendant and Ouellette
2
through Lot 49 Inc. and Wiley Management, respectively. The defendant and Ouellette
e-mailed these fraudulent invoices to Security Alliance and Choice Management, and
Security Alliance and Choice Management, in turn, used the United States mail ("Postal
Service") to deliver checks to the defendant and Ouellette which were addressed and
made payable to Lot 49 Inc. and Wiley Management, respectively. The defendant and
Ouellette received these checks from the United States Postal Service at the place the
defendant and Ouellette directed said checks to be delivered.
All total, the defendant and Ouellette solicited and received kickbacks from Security
Alliance and Choice Management in the amounts of approximately $287,562 and
$550,456, respectively. In exchange for these payments, the defendant and Ouellette
provided favorable treatment to Security Alliance in their official positions with RTG,
including the opportunity to employ and manage, and to continue employing and
managing, RTG's security guards.
Commissioner Jonah Wolfson stated that he was very concerned and suggested starting
termination proceedings with Security Alliance. Chairperson Deede Weithorn stated that
she also found this troubling and asked when the Security Alliance contract would
expire. Mr. Lopez stated that it expires in April 2012. The Committee recommended
that the Administration begin the Request for Proposals (RFP) process for security
services and include the new criteria mentioned in the meeting as part of the evaluation
process.
4. Discussion regarding 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
ACTION
Item Deferred
5. Discussion regarding the proposed inter-local agreement between
Miami-Dade County and the City of Miami Beach for the provision of
a bi-directional transit circulator route service known as the "South
Beach Local"
ACTION
The Committee recommended approving the proposed lnterlocal agreement
between Miami-Dade County and the City of Miami Beach for the provision of a bi-
directional transit circulator route service known as the "South Beach Local".
Public Works Director Fred Beckmann presented the item.
Under the provisions of an lnterlocal Agreement (ILA) Miami-Dade County (the County)
has been operating a bi-directional transit circulator route service in Miami Beach known
as the "South Beach Local" (SBL) since September 25, 2005. The SBL replaced both
the City's Electrowave Shuttle Service and Miami-Dade Transit's (MDT) Route W,
3
serving the entire South Beach community. MDT became the provider of bus shuttle
services on South Beach in lieu of the previous provider, the Miami Beach
Transportation Management Association.
The SBL ILA expired on October 11, 2010; however, MDT has continued to provide
service after the expiration of the SBL ILA under the same terms and conditions. MDT
initially wanted to have the City contribute more to the annual operating cost than our
current proportion of approximately 35% City and 65% County. The County wanted to
have a 50% City and 50% County split. The cost increase to the City would have been
$507,379 annually. In addition, the County wanted to increase the headways during
peak hours, eliminate the City's 3% annual increase limits, and eliminate the Belle Isle
service.
After negotiations, the City and MDT agreed to the following:
1. The City will maintain the current level of contribution of $1,213,121 per year.
2. Maintain the current headways of 13 minutes during the peak hours.
3. Continue service to Belle Isle.
4. Maintain the City's contribution to the annual net operating cost increase to the
Miami-Ft. Lauderdale CPI Transportation Index or 3%, whichever is less.
The Committee recommended approving the proposed Interlocal agreement between
Miami-Dade County and the City of Miami Beach for the provision of a bi-directional
transit circulator route service known as the "South Beach Local".
6. Discussion pertaining to the issuance of the Request for Proposals
(RFP) for the comprehensive professional tennis management and
operations services at the City's Flamingo Park and North Shore
Tennis Centers
ACTION
ltem Deferred
Discussion regarding authorizing the City Manager to negotiate and
enter into temporary licensing-use agreements with contractors
requiring the use of City-owned property for the purpose of staging
and/or storage of construction equipment in connection with City or
privately funded construction projects
ltem Deferred
8. Discussion concerning City Fees and Charges for Gay Pride 2012
ACTION
ltem Deferred
9. Discussion regarding reducing the bills penalty from 10% to 5%
ACTION
ltem Deferred
10.Discussion regarding the Catering and Concession Agreements for
the Miami Beach Convention Center
ACTION
ltem Deferred
11. Discussion Pertaining to Providing Outdoor Seating on City-Owned
Space Adjacent to Cinematheque Theater at Historic City Hall
ACTION
The Committee recommended approving the proposal by the Miami Beach
Film Society, Inc. d/b/a, Miami Beach Cinemateque, to operate an outdoor
cafe in the city owned public space adjacent to the Cinemateque's leased
premises at Historic City Hall and exclude the security deposit from the
agreement.
Anna Parekh, Director of Real Estate Housing and Community Development, presented
the item.
On December 9, 2009, the Mayor and City Commission adopted Resolution No. 2009-
27282, approving the Lease Agreement between the City of Miami Beach and the Miami
Beach Film Society, Inc. d/b/a Miami Beach Cinematheque for the approximately 2,523
square feet of ground floor space in the building is known as Historic City Hall, the City-
owned property located at 11 30 Washington Ave, 1'' Floor South, Miami Beach, Florida.
The Leased Premises include two large doors that open out onto steps and an outdoor
courtyard to the south of the Historic City Hall Building. The Leased Premises do not
include the outdoor space. The Tenant has requested use of the outdoor courtyard
space, adjacent to the Leased Premises, to place eight (8) tables and sixteen (16) chairs
immediately outside of the south door for the purpose of serving the public and
Cinematheque's patron's light fare, including without limitation, baked goods, specialty
chocolates, coffee, tea, and non-alcoholic beverages.
In order to facilitate use of the outdoor area by Cinematheque, and consistent with other
similar arrangements, a separate agreement was recommended by Administration for
governing the use of the space. Staff recommended that the annual guaranteed fee be
set at $7,000, payable in 12 equal monthly installments of $583.33 and after the
submission of an annual end-of-year report by the Cinematheque, the Cinematheque
would be responsible to pay the difference between the minimum guaranteed fee and 15
percent of its reported gross revenues. Additionally, Staff recommended a security
deposit equal to three months minimum guaranteed fees in order to provide the City
relief in the event of damage to the site or unanticipated maintenance at the expiration of
the agreement; Cinematheque felt that this would be a challenge. The Committee
recommended approving the proposal by the Miami Beach Film Society, Inc. d/b/a,
Miami Beach Cinemateque, to operate an outdoor cafe in the city owned public space
adjacent to the Cinemateque's leased premises at Historic City Hall and exclude the
security deposit from the agreement.
12.Discussion Regarding Possible Refunding of General Obligation
Bonds of Series 2000
ACTION
The Committee recommended moving forward with the refunding of General
Obligation Bonds, Series 2000 and the advance refunding of the General
Obligation Bonds, Series 2003.
Chief Financial Officer Patricia Walker presented the item.
On June 23, 2000, the City Commission passed Resolution 2000-23966 authorizing the
issuance of $30 million of General Obligation bonds (the first of two bond issuances) by
borrowing funds from the Gulf Breeze Government Loan Pool. On June 11, 2003, the
City Commission Passed Resolution 2003-25240 authorizing the issuance of
$62,465,000 of General Obligations (the second of the two bond issuances).
As of September 26, 201 1, the City has approximately $18,710,000 outstanding on the
Series 2000 General Obligation bonds, which has a scheduled principal payment of
$1,460,000 on December 1, 201 1, and $49,570,000 outstanding on Series 2003 General
Obligation bonds. The City intends to refinance all of the outstanding Series 2000 bonds
of $17,250,000 on December 1, 2011, and up to $49,570,000 million will be used to
advance refund the Series 2003 bonds. The total amount for both refunding will not
exceed $67 million which will also include such costs as cost of issuance, premiums
and/or discounts, and underwriters' discounts. The actual refunding amount of the Series
2003 will be determined at the pricing date which will take into account the prevailing
market conditions at that time.
This refunding is the result of the Administration's continuous review of opportunities to
refund outstanding bonds to ensure that the City is paying the lowest possible rate within
statutory and tax requirements.
The City's Financial Advisor, RBC Capital Markets, has determined that the City has the
capacity to refund the Series 2000 General Obligation Bonds as well as to advance
refund a portion of the Series 2003 General Obligation Bonds, and that both of these
refinancing may provide, as of September 26, 2011, a present value savings of
approximately $4.0 million or approximately 11%. The refunding of these bonds does
not extend the term of the bonds beyond their original maturity date.
According to the loan agreements with Gulf Breeze, the City can refinance the
outstanding Series 2000 General Obligation Bonds on the next redemption date which
falls on December 1, 201 1. The original call/redemption date for these bonds was on
December 1, 2010; however, at the time the City would have had to pay a premium of
approximately $187,000 to call the bonds. The reason the Administration is
recommending calling the bonds as of December 1, 201 1 is because they are callable at
par in addition to the fact that interest rates today are about 70 basis points lower for a
AA rated General Obligation issue than it was at December 1, 2010. As for the Series
2003 General Obligation Bonds to be advance refunded, we will seek, with the advice of
6
the City's Financial Advisors, the best opportunity in the near future to determine when
market conditions are optimal to achieve the most savings for the City.
Because of the character of the proposed refinancing of the Series 2000 and Series
2003 General Obligation Bonds, the prevailing market conditions, the complexity of
structuring a refunding and the recommendations of the Financial Advisor, it was further
determined that the sale of the new refinanced General Obligation Bonds on the basis of
a negotiated sale rather than a public sale by competitive bid is in the best interest of the
City.
The Committee recommended moving forward with the refunding of General Obligation
Bonds, Series 2000 and the advance refunding of the General Obligation Bonds, Series
2003.
3.Discussion authorizing the City to enter into an energy audit and
permitting agreement with Ameresco to provide a detailed
engineering study and energy savings calculations with guaranteed
payback related to the feasibility of construction and operation of a
water reclamation plant for the irrigation of the Miami Beach Golf
Course
ACTION
Item Deferred
14. Discussion regarding amendments to the Recycling Ordinance
ACTION
The Committee asked for an economic impact study regarding the
enforcement of the proposed Recycling Ordinance.
The Committee asked that this item be brought to the Sustainability
Committee Recycling Sub-committee.
Commissioner Jonah Wolfson presented the item.
Commissioner Wolfson worked with the City Attorney's Office and City Administration,
as well as members of the City's Sustainability Committee, on a proposed ordinance that
would require mandatory recycling for multifamily residences and commercial
establishments in the City, via the establishment of a City of Miami Beach Mandatory
Recycling Enforcement Program.
Currently, Miami-Dade County Code (Sections 15-2.2 to 15-2.4) requires multifamily and
commercial establishments to have a recycling program. However, as a result of
multiple issues, including fiscal constraints at the County level, the County Code
requirement to demonstrate a recycling program is not adequately or comprehensively
enforced. The proposed ordinance, which is an amendment to Chapter 90 of the City
Code, would establish more stringent requirements than the County and require
multifamily residences and commercial establishments in the City to recycle pursuant to
the requirements of a City of Miami Beach Recycling Program. The proposed program
would require that multifamily and commercial establishments not only have a recycling
program in place, but it would also mandate that recyclables be recycled. Multifamily
and commercial establishments would receive fines if recyclables were found comingled
with their solid waste or vice versa. Single-family homes and multifamily buildings of up
to eight (8) units are already provided weekly recycling services via Miami-Dade
County's Curbside Recycling Program, which was done through an Inter-Local
Agreement entered into on June 14, 1990.
On September 1, 2009, the Miami-Dade County Multifamily and Commercial Recycling
Memorandum of Understanding (MOU) between the City of Miami Beach and Miami-
Dade County - Department of Solid Waste Management (SWM) was approved. Under
the MOU, the County agrees to enforce recycling under the County Code within the City
of Miami Beach. When facilities are found to not have a recycling program, the County
issues the offending party a warning notice followed by a notice of violation that may
include fines as delineated in Miami-Dade Code Chapter 8CC. In August 2010, the
County initiated a proactive inspection approach to enforcement. However, in October
2010 the County returned to a complaint-driven approach with an emphasis on
education.
Commissioner Jerry Libbin stated that he was in favor of recycling and wanted to find a
way to incentivize recycling rather than issue fines for noncompliance. Chairperson
Deede Weithorn asked if the proposed ordinance excluding the fine schedule was the
same as the County ordinance. Chief Deputy City Attorney Raul Aguila stated that the
County ordinance only requires that a recycling program be in place but the proposed
City of Miami Beach ordinance requires a recycling program be in place and that waste
be recycled. Chairperson Weithorn opened the floor to public comment which included
support for recycling programs and education about recycling. Chairperson Weithorn
stated that the proposed ordinance would require enforcement and requested an
economic impact study. Discussion ensued. The Committee asked that this item be
brought to the Sustainability Committee Recycling Sub-committee.
Attendance Sheet
MEETING OF THE FINANCE & CITYWIDE PROJECTS COMMITTEES
Date: September 26,201 1
Please State Your Name When Speaking to the Commiftee - Thank You
Attendance Sheet
MEETING OF THE FINANCE & CITYWIDE PROJECTS COMMITTEES
Date: September 26,201 1
Please State Your Name When Speaking to the Committee - Thank You
I 1 Please PRINT Name Business Name & Phone
I
Attendance Sheet
MEETING OF THE FINANCE & CITYWIDE PROJECTS COMMITTEES
Date: September 26,201 1
Please State Your Name When Speaking to the Committee - Thank You
Please PRINT Name
THIS PAGE INTENTIONALLY LEFT BLANK
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 1 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 19, 201 1
SUBJECT: REPORT OF THE NEIGHBORHOOD 'd OMMUNITY AFFAIRS COMMITTEE MEETING
HELD ON THURSDAY, SEPTEMBER I, 2011.
A meeting of the Neighborhoods/Community Affairs Committee was held on Thursday, September 1,
201 1 at 2:30 pm in the Training Room, 3rd, 1755 Meridian Avenue. Commissioners in attendance:
Commissioners Edward L. Tobin, Jerry Libbin, and Deede Weithorn. Members from the
Administration and the public were also in attendance. Please see the attached sign-in sheet.
THE MEETING OPENED AT 2:50 PM
I. STATUS REPORT ON SUNRISE PLAZA. (2:50 PM)
(Returning, as requested, from the May 5, 201 1 NCAC meeting for a status report; originally referred at April
14, 201 1 Commission, ltem C4C, Requested by Commissioner Tobin).
Fred Beckmann, Public Works Department Director, recapped the status of the Sunrise Plaza
project, as described in the memo included in the agenda package.
Commissioner Tobin requested that Mr. Beckmann schedule a conference call to include him and
Staff with the Florida Department of Environmental Protection (FDEP). He also requested to be
provided some backup information on this matter prior to the conference call.
Commissioner Libbin asked for clarification as to any delay in the timeline for the project. Mr.
Beckmann explained that there is no slippage in the timeline.
ACTION: The Committee (Commissioners Tobin, Libbin, and Weithorn present) took no action
as this was a status report.
2. DISCUSSION REGARDING THE INTERIM TRAFFIC CALMING PLAN FOR LA GORCE AND
PINETREE DRIVES. (2:55 PM)
(Referred at May 11, 201 1 Commission, ltem C4C, Requested by Commissioner Jorge R. Exposito)
Fred Beckmann, Public Works Department Director, provided the background for this item. He
explained that the issue is now pending the approval of the Joint Participation Agreement (JPA).
The County is providing the funding for the project to install speed cushions/speed bumps. The
City is currently in discussion with Esther Calas, the County's Public Works Director, regarding
who will pay the soft costs for the project.
Commissioner Tobin requested Mr. Beckmann to schedule a conference call for him to speak with
Staff and Ms. Calas. He also asked Mr. Beckman to look into the status of the project that was to
put speed bumps on Lakeview Drive and report back to him next week.
Agenda Item C 6B
Date 1049-//
City Commission Memorandum
October 19,201 1
Report of the Neighborhoods /Community Affairs Committee of September 1, 201 1
Page 2 of 3
Mr. Beckmann estimated the soft costs at $25,000 and the project is expected to begin in January
201 2. Commissioner Weithorn asked if this new estimated start date has been communicated to
the neighborhood; she stated that the residents were last advised of a start date of October 201 1.
She directed staff to advise the neighborhoods impacted that the City will not begin the project in
October, but in January.
Commissioner Libbin suggested not delaying the project because of $25,000 and the City should
absorb the $25,000 and move forward. Commissioner Weithorn stated that she has no problem
in advancing the $25,000 to get the project moving and work on resolving the issue of the soft
costs without delaying the project.
Commissioner Libbin made a motion to recommend that the City advance the $25,000 for the soft
costs to get the project moving while continuing to work with the County to resolve the dispute
over who is responsible for these costs. The motion was seconded by Commissioner Tobin.
ACTION: The Committee (Commissioners Tobin, Libbin, and Weithorn present) recommended
that the City advance the $25,000 for the soft costs to get the project moving while continuing to
work with the County to resolve the dispute over who is responsible for these costs. (Vote: 3-0)
3. DISCUSSION REGARDING AN ORDINANCE AMENDING CHAPTER 2, ARTICLE Ill, DIVISION
26, SECTIONS 2-190.1 07 AND SECTION 2-190.1 10 OF THE ClTY CODE, ESTABLISHING THE
CITY'S COMMUNITY DEVELOPMENT ADVISORY COMMITTEE (CDAC), TO AMEND THE
ClTY AFFILIATION REQUIREMENTS FOR MEMBERSHIP ON THE COMMUNITY
DEVELOPMENT ADVISORY COMMITTEE; PROVIDING FOR REPEALER, SEVERABILITY,
AND EFFECTIVE DATE. (3:07 PM)
(Returning from the June 3, 201 1 NCAC meeting; originally referred at April 13, 201 1 Commission Item
R5H, Requested by Commissioner Weithorn)
Hilda M. Fernandez, Assistant City Manager, explained that an option being considered today
would be to allow the second appointment by each commissioner to be either a resident that is not
part of the target area or a non-resident who sits on the board of an organization in a leadership
capacity that serves either a low or moderate income persons. However, that individual's
organization cannot be a recipient of City CDBG or HOME funds.
Commissioner Libbin asked when this would have to be implemented. City Attorney Jose Smith
explained that someone's existing term cannot be cut short; however this option would become
effective when current terms expire.
Commissioner Tobin moved to recommend to the Commission to allow the second appointment
by each Commissioner to the CDAC to be either a resident that is not part of the target area or a
non-resident who sits on the board of an organization in a leadership capacity that serves either a
low or moderate income persons. Motion was seconded by Commissioner Libbin.
ACTION: The Committee (Commissioners Tobin, Libbin, and Weithorn present) approved a
motion to recommend to the Commission to allow the second appointment by each Commissioner
to the CDAC to be either a resident that is not part of the target area or a non-resident who sits on
the board of an organization in a leadership capacity that serves either a low or moderate income
persons (but does not receive CDBG or HOME funds).
City Commission Memorandum
October 19,201 1
Re~ot-t of the Neiahborhoods /Community Affairs Committee of September 1,201 1
THE MEETING ADJOURNED AT 4:08 PM.
Note: The remaining meetings of the Neighborhoods/Community Affairs Committee for 201 1 are: -
November 10, 201 1 (Thursday)
December 8, 201 1 (Thursday)
T:\AGENDA\201 1\10-19-1 l\NCAC Report- SEPTEMBER 1-201 1 (Final).doc
NElGHBORHOODSlCOMMUNITY AFFAIRS COMMlmEE September I, 201 1 SIGN-IN SHEET I NAME I ORGANIZATION I DEPT. I PHONE NO. I We m cammiwi to pm&14 wdht pddt swks and safety b a// wha /be, d, and play in aw ~hmnt, hqdml, historic cammuni)y,
C6 - Commission Committee Reports
C6E Report Of The Neighborhoods/Community Affairs Committee Meeting On October 6,
201 1: I) Discussion Regarding Banning Or Restricting Smoking On Some Or All Of The
City's Beaches, 2) Progress Report Regarding The Lack Of Accessibility Of The City's
Website To The Disabled, 3) Discussion Of Viability Of Storing City Towed Vehicles On
Terminal Island, 4) Discussion Regarding An Ordinance Amending Procedures To
Provide Local Preference To Miami Beach-Based Vendors In The Award Of Contracts
For Goods And General Services, By Amending Chapter 2 Of The City Of Miami Beach
Entitled, "Administration," By Amending Article VI Thereof Entitled, "Procurement," By
Amending Division 3 Entitled, "Contract Procedures," By Amending Section 2-372
Thereof; Providing For Codification, Repealer, Severability, And An Effective Date.
Discussion To Also Include Giving Preference In The Renewal Of Contracts To
Companies That Hire Miami Beach Residents, 5) Discussion Regarding An Ordinance
Implementing Procedures To Provide A Vendor Preference In The Award Of Contracts
For Goods And Contractual Services, To Florida Small Businesses Owned And
Controlled By Veterans And To State-Certified Service-Disabled Veteran Business
Enterprises By Amending Chapter 2 Of The Code Of The City Of Miami Beach Entitled,
"Administration," By Amending Article VI Thereof Entitled, "Procurement," By Amending
Division 3 Entitled, "Contract Procedures," By Creating Section 2-374; Providing For
Codification, Repealer, Severability, And An Effective Date, 6) Discussion Regarding
Changes Made To The Disability Access Committee.
(Memorandum to be Submitted in Supplemental)
Agenda Item C6 E
Date /odf-//
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COMMISSION ITEM SUMMARY Condensed Title: ) A Resolution authorizing the City Manager to apply for and accept 7 grants and execute 1 grant renewal. I I
Key Intended Outcomes Supported:
1)-3) Reduce the number of homeless; 4) Enhance mobility throughout the City; 5) Increase visibility of
Police; maintain crime rates at or below national trends; 6) & 7) Protect historic building stock; 8) Enhance
learning opportunities for youth.
Supporting Data - 2009 Community Survey: 1 )-3) "The City's efforts to address homelessness" was
a key driver for resident respondent in how they view the city as a place to live, view city government on
meeting expectations and if they would or would not recommend the city as a place to live; 'A lot of
homeless' was rated amongst the top five things that have a negative impact on the quality of life; 4) 63.7%
of respondents stated that there were "too few" bike pathsllanes; 5) 83% of residents rated the overall quality
of City Police as either 'excellent' or 'good', police appeared as one of the top three areas that has a positive
impact on the quality of life in Miami Beach; 6) & 7) 15.4% of respondents indicated that they felt the effort
put forth by the City on historic preservation was "too little"; 7.5% felt that it was "too much" and 77.1% that it
was "about the right amounf'; 8) 75% of youth in Success University experienced a reduction in school
absences compared to prior school year; safety across the City (preventing crime, drugs, gangs) appeared
as one of the most important areas affecting resident's quality of life, The Children's Trust grant provides
funding to reduce truancy, crime and gangs.
Issue:
Shall the City support the following funding requests and execute the related agreements? I
Item SummarylRecommendation:
Adopt the Resolution. 1) Miami-Dade County Homeless Trust (MDC HT) for the City's Homeless Outreach
program; 2) MDC HT for HotelIMotel and Homeless Information System Program funds; 3) MDC HT for
Identification Assistance Funds; 4) U.S. Dept of Transportation, TIGER Program for the Middle Beach
Recreation Corridor; 35) US Department of Homeland Security for the UASl Program; 6) State of Florida to
prepare design guidelines for MiMo buildings; 7) National Trust for Historic Preservation for Research and
Design; and renew: 8) The Children's Trust for Success University; appropriating the above grants, matching
funds and city expenses, and authorizing the execution of all documents related to these applications.
I Advisory Board Recommendation: NIA I
I I I
6 1 State HP GrantlMiMo 1 $10,000 I Cash: $2,50O/Planning Dept. Budget.
-
=inancia1 Information:
1 8 1 The Children's Trustl
I - I I 1 $215,000 I NIA
Match Amount/City
ExpenselSource
$1 6,000lREHCD Budget Homeless
Division (Salaries)
NIA
NIA
$3,138,636/MDC CDT Interlocal Revenues
for CDTIResort Tax Eligible Expenditures
I NIA
I Design Guidelines
[ I Success University
Grant
Approx Amt.
$64,000
$63,000
$50,000
$1 0,000,000
$350,000
Source
of
funds
I In-kind: $7,500 (Salaries).
Financial Impact Summary: NIA
7 1 National Trust for Hist. 1 $7,000 I NIA
City Clerk's Office Legislative Tracking: I Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement
#
1
2
3
4
I 5
Grant /Project
MDC Homeless
TrustlOutreach
MDC Homeless
TrustlHMlS & Hotel
MDC Homeless
TrustllD Assistance
US DOT TIGER1
MBRC (Phase II)
UASIICitywide Projects
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Mayor Matti Herrera Bower and Members of the City Commission
/
Jorge M. Gonzalez, City Manager
October 19,201 1
SUBJECT: A RESOLUTION OF THE MAYOR A OF THE CITY OF
MIAMI BEACH. FLORIDA, APPROVING AND AUTHORIZING THE ClTY
MANAGER OR-HIS DESIGNEE TO SUBMIT GRANT APPLICATIONS TO: I)
MIAMI-DADE COUNTY HOMELESS TRUST FOR FUNDING IN THE
APPROXIMATE AMOUNT OF $64,000 FOR THE CITY'S HOMELESS
OUTREACH PROGRAM; 2) MIAMI-DADE COUNTY HOMELESS TRUST FOR
FUNDING FROM THE HOTEUMOTEL AND HOMELESS MANAGEMENT
INFORMATION SYSTEM (HMIS) PROGRAMS IN AN APPROXIMATE AMOUNT
OF $63,000 FOR THE CITY'S HOMELESS OUTREACH PROGRAM; 3) MIAMI-
DADE COUNTY HOMELESS TRUST FOR FUNDING IN THE APPROXIMATE
AMOUNT OF $50,000 FOR IDENTIFICATION ASSISTANCE SERVICES FOR
HOMELESS INDIVIDUALS AND FAMILIES: 4) U.S. DEPARTMENT OF
TRANSPORTATION, TIGER (TRANSPORTATION INVESTMENT GENERATING
ECONOMIC RECOVERY) PROGRAM FOR FUNDING IN THE APPROXIMATE
AMOUNT OF $10 MILLION FOR THE MIDDLE BEACH RECREATIONAL
CORRIDOR; 5) US DEPARTMENT OF HOMELAND SECURITY FOR FUNDING
IN THE APPROXIMATE AMOUNT OF $350,000 FOR THE URBAN AREA
SECURITY INITIATIVE (UASI) PROGRAM; 6) STATE OF FLORIDA, DIVISION
OF HISTORICAL RESOURCES, SMALL MATCHING GRANT PROGRAM FOR
FUNDING IN THE APPROXIMATE OF $10,000 FOR FUNDS TO PREPARE
DESIGN GUIDELINES FOR MlMO BUILDINGS; 7) THE NATIONAL TRUST FOR
HISTORIC PRESERVATION MODERNISM + RECENT PAST GRANT
PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $7,000 FOR
THE PLANNING DEPARTMENT'S RESEARCH AND DESIGN PROGRAM; AND
APPROVAL TO EXECUTE DOCUMENTS FOR A GRANT RENEWAL TO: 8)
THE CHILDREN'S TRUST FOR FUNDING IN THE APPROXIMATE AMOUNT OF
$21 5,000 FOR THE CITY'S SERVICE PARTNERSHIP (SUCCESS UNIVERSITY)
PROGRAM; APPROPRIATING THE ABOVE GRANTS, MATCHING FUNDSAND
ClTY EXPENSES RELATED TO THE ABOVE PROJECTS AS NECESSARY, IF
APPROVED AND ACCEPTED BY THE CITY, AND AUTHORIZING THE
EXECUTION OF ALL DOCUMENTS RELATED TO THESE APPLICATIONS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
1. Approval to submit a want application to Miami-Dade County Homeless Trust, for
funding, in the approximate amount of $64,000 for the City's Supportive Housing
Grant Program.
Commission Memorandum
Page 2
Miami-Dade County is a recipient of federal funding under Title IV of the Stewart McKinney
Homeless Assistance Act through the U.S. Department of Housing and Urban Development.
The City plans to apply for funding, in the approximate amount of $64,000, from Miami-Dade
County Homeless Trust to provide supportive services, including homeless outreach and
shelter placement. The City will use the funds for the following homeless activities: 1)
homeless outreach and to inform persons about the program; 2) assess and confront
problems; and, 3) for shelter placements. A match of at least 25% is required. Matching
funds are available form the Real Estate, Housing and Community Development
Department, Homeless Division operating budget. This project supports the key intended
outcome: reduce the number of homeless.
2. Approval to submit a grant application to Miami-Dade Countv Homeless Trust for
funding for the HotelIMotel and Homeless Management lnformation System (HMIS)
Programs in the approximate amount of $63,000 for the Citv's Homeless Outreach
Proqram.
This application provides funding for the following two programs:
HotelIMotel Funding: Miami-Dade County Homeless Trust provides federal funding for
emergency hotellmotel placement for homeless persons. Homeless funds are specifically
provided to provide emergency hotellmotel placements of homeless individuals and famities
with children. This program also provides funding for food vouchers for families while
residing in placements if food arrangements or other resources are unavailable. The City is
applying for funding in the amount of $50,000 for this program.
HMlS Funds: The City of Miami Beach receives Supportive Housing funding on an annual
basis from Miami-Dade County for the City's Homeless Outreach Program. The grant
guidelines require that all grantees participate in the County's data-tracking software system
-the Homeless Management lnformation System. City staff is required to input client and
intake data and maintain client files and statistical data on each person served. This is a
labor intensive requirement, currently being performed by staff in the Community Services
Division of Neighborhood Services. This grant will partially cover the salary costs associated
with one position responsible for maintaining the HMlS data. No new staff will be hired as a
result of this grant. The City is applying for funding in the amount of $12,333 under this
program.
Matching funds are not required for this grant. This project supports the key intended
outcome: reduce the number of homeless.
3. Approval to submit an application to Miami-Dade County Homeless Trust for funding
for Identification Assistance Services for homeless individuals and families in the
a~proximate amount of $50,000 for the Citv's Homeless Outreach Program
The Miami-Dade County Homeless Trust was created by the Miami-Dade Board of County
Commissioners to, among other things, oversee the use of the Food and Beverage Tax and
other funds and to establish and implement policies based on the Miami-Dade County
Community Homeless Plan. The Plan is a comprehensive continuum of care system to
serve homeless persons in Miami-Dade County.
The City currently receives Homeless Trust funding for its current Homeless Outreach
program. In addition to Homeless Outreach funding, the Homeless Trust also has
identification Assistance funds available to provide assistance in obtaining identification and
Commission Memorandum
Page 3
other personal documents on behalf of homeless individuals and families in Miami-Dade
County. The funds can also be used to cover related costs or fees associated with obtaining
or replacing documents utilized to establish identification, such as Florida identification
cards, birth certificates, marriage certificates, school records, social security cards etc.
The Administration intends to apply for funding in the approximate amount of $50,000 to
provide this service. This Identification Assistance service will be folded into the City's
current Homeless Outreach Program. The grant does not require matching funds and
supports the key intended outcome: reduce the number of homeless.
4. Approval to submit an application to the U.S. Department of Transportation
lnvestment Generatinq Economic Recovew Program (TIGER Proqram) for funding in
the approximate amount of $10 million for the Middle Beach Recreation Corridor
{MBRC) Phase II
The Transportation lnvestment Generating Economic Recovery, or TIGER Discretionary
Grant program, provides a unique opportunityfor the U.S. Department of Transportation to
invest in road, rail, transit and port projects that promise to achieve critical national
objectives. These are innovative, 21st century projects that will change the U.S.
transportation landscape by strengthening the economy and creating jobs, reducing gridlock
and providing safe, affordable and environmentally sustainable transportation choices.
Projects will need to be ready for construction by June 30, 2013.
The MBRC is part of a comprehensive bikewaylpedestrian program called the Atlantic
Greenway Network which will provide direct access to important destinations, such as
schools, parks, shopping centers, business districts. It includes beach corridor paths,
neighborhood trails, arterial lanes and paths to connect South, Middle and North Beach and
link Miami Beach to the mainland.
Phase II of this project includes construction of an on-grade walkway encompassing
eighteen blocks north from approximately 46th Street to Allison Park at 64th Street, or the
southern terminus of the North Beach Recreational Project. The project has already
received grant funding in the amount of $533,520 for design, and has been approved for
additional grant funding in the amount of $1,000,000 (pending final award). In addition, the
Administration has a recently submitted application in the amount of $600,000 which is
pending review and final decision by the funding agency. The total estimated cost of this
project is $1 3,138,636. The Administration is applying for funding in the approximate
amount of $10,000,000, with matching funds in the amount of $3,138,636 (24% match).
Source of matching funds is CDT Interlocal Revenues for CDTlResort Tax Eligible
Expenditures. The match was appropriated in FY 11112 budget. The program requires a
minimum application of $10 million, with a minimum 20% match. This project supports the
key intended outcome enhance mobility throughout the City.
5. Approval to submit a grant application to the Urban Areas Securitv lnitiative (UASl)
proqram in the approximate amount of $350,000 for FY 2012 funding.
The Urban Area Security Initiative (UASI) is funded through the U.S. Department of
Homeland Security (DHS), under the Homeland Security Grant Program. One of its core
missions is to enhance the ability of state and local government to prevent, protect against,
respond to and recover from terrorist attacks and other disasters. The federal government
allocates funding to the different Urban Area groups based on a risk-based methodology.
Commission Memorandum
Page 4
The program focuses on planning, equipment, training and exercise needs of high threat,
high density urban areas. The City of Miami Beach receives UASl funding as part of the
allocation for the Miami Urban Area. The City will be utilizing grant funds to further
homeland security needs citywide. The Administration intends to submit an application for
UASl funding the approximate amount of $350,000.
No matching funds are required. This project supports the key intended outcomes increase
visibility of Police and maintain crime rates at or below national trends.
6. Approval to submit a grant application to the State of Florida. Division of Historical
Resources for the Small Matchins Historic Preservation Grants Program for funding
in the approximate amount of $10,000 for funds to prepare desian suidelines for
MiMo buildings
The State of Florida's Small Matching Historic Preservation Grants program awards funding
for the restoration of historic structures, archaeological excavations, recording of the historic
and archaeological sites, state historical markers and historic preservation education
projects. Applications are evaluated based on historic significance, endangerment,
appropriateness of the preservation treatment proposed, administrative capability of the
organization, adequacy of technical and financial resources, educational potential, economic
benefits, and public good resulting from the project.
The Administration is seeking funding to build upon previous efforts to promote public
awareness and preservation of Miami Modern (MiMo) architecture on Miami Beach by
preparing illustrated design guidelines for the rehabilitation and restoration of MiMo style
buildings; and by enhancing the MiMoOnTheBeach website with the design guidelines and
also with interactive features such as a searchable database of MiMo buildings with
photographs and pop-up illustrations and photographs on the MiMo I01 and Glossary
pages. The total project cost is $20,000. The City will request funding in the amount of
$10,000 from the State, and will provide a cash match in the amount of $2,500 from the
Planning Department Operating Budget and $7,500 in in-kind matching funds (staff salaries
devoted to this project). This grant requires matching funds, which can inctude an in-kind
match; however at least 25% of the match must be in cash. This project supports the key
intended outcome protect historic building stock.
7. A~proval to submit a grant application to The National Trust for Historic Preservation
Grant Program for Modernism + Recent Past for fundins in the approximate amount of
$7.000 for the Plannins Department's Research and Design Program;
The National Trust for Historic Preservation's Modemism + Recent Past Initiative focuses on
significant buildings, structures, and landscapes of the modem movement, as well as
places of social, economic, and cultural importance that were built within the last fifty years.
Primary funding for the Initiative was generously provided by the Henry Luce Foundation.
With this initiative, the National Trust for Historic Preservation plans to elevate public
appreciation for both modern and recent past resources and demonstrate the significance of
these buildings in the history of American architecture and culture.
The Planning Department intends to apply for funding for research and design of methods to
preserve historic metal railings on MiMo buildings that no longer meet life safety codes. The
Administration intends to apply for $7,000 for this initiative. This grant does not require
matching funds. This project supports the key intended outcome protect historic building
stock.
Commission Memorandum
Page 5
8. Retroactive approval for the Citv to renew a funding application with the Children's
Trust for the Success Universitv Service Partnership Program in the approximate
amount of $21 5.000
The Children's Trust Service Partnership program provides funding to address targeted
geographic areas and to reach at-risk populations in Miami-Dade County. The purpose of
the program is to target resources to meet the more complex needs of vulnerable children
and families in the area.
The City was awarded an initial planning grant for Success University in 2007, and since
then has received recurring annual grants for this program from the Children's Trust. The
program has been operating successfully and has consistently ranked amongst the highest
scoring Service Partnerships in the County. Success University is an integrated service
program that partners with community agencies to provide Miami Beach youth at risk for
truancy with personal and academic supports, while providing their families with holistic,
comprehensive services to ensure family stability and youth success.
Previously, the Children's Trust funded Service Partnerships for a full year, however, this
year, all Service Partnerships will be 9-month contracts to synchronize with the school
calendar. Renewal amounts have been prorated based on a 9-month timeframe, for an
approximate amount of $215,000. Similar to last year, participants attend Biscayne
Elementary, Nautilus Middle or Miami Beach Senior High School, are predominantly aged 6-
12 and 13-1 8 and have indicators showing them to be truant as demonstrated by school
absences. Students are referred to the program when they experience five or more
unexcused absences in a given school year. No supplanting of existing public funds is
allowed. This program does not require a city match. This program supports the key
intended outcome: enhance learning opportunities for youth.
CONCLUSION
The Administration requests approval to authorize the City Manager or his designee to
submit the following grant applications: 1) Miami-Dade County Homeless Trust for funding in
the approximate amount of $64,000 for the City's Homeless Outreach Program; 2) Miami-
Dade County Homeless Trust for funding from the HotellMotel and Homeless Management
Information System (HMIS) Programs in an approximate amount of $63,000 for the City's
Homeless Outreach Program; 3) Miami-Dade County Homeless Trust for funding in the
approximate amount of $50,000 for Identification Assistance Services for Homeless
Individuals and Families: 4) U.S. Department of Transportation, TIGER (Transportation
Investment Generating Economic Recovery) Program for funding in the approximate amount
of $10 million for the Middle Beach Recreational Corridor; 5) US Department of Homeland
Security for funding in the approximate amount of $350,000 for the Urban Area Security
Initiative (UASI) Program; 6) State of Florida, Division of Historical Resources, Small
Matching Grant Program for funding in the approximate of $10,000 for funds to prepare
design guidelines for MiMo buildings; and approval to execute documents for a grant
renewal to: 8) The Children's Trust for funding in the approximate amount of $215,000 for
the City's Service Partnership (Success University) Program; appropriating the above grants,
matching funds and City expenses related to the above projects 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: I)
MIAMI-DADE COUNTY HOMELESS TRUST FOR FUNDING IN THE
APPROXIMATE AMOUNT OF $64,000 FOR THE CITY'S HOMELESS
OUTREACH PROGRAM; 2) MIAMI-DADE COUNTY HOMELESS TRUST
FOR FUNDING FROM THE HOTEUMOTEL AND HOMELESS
MANAGEMENT INFORMATION SYSTEM (HMIS) PROGRAMS IN AN
APPROXIMATE AMOUNT OF $63,000 FOR THE CITY'S HOMELESS
OUTREACH PROGRAM; 3) MIAMI-DADE COUNTY HOMELESS TRUST
FOR FUNDING IN THE APPROXIMATE AMOUNT OF $50,000 FOR
IDENTIFICATION ASSISTANCE SERVICES FOR HOMELESS INDIVIDUALS
AND FAMILIES: 4) U.S. DEPARTMENT OF TRANSPORTATION, TIGER
(TRANSPORTATION INVESTMENT GENERATING ECONOMIC
RECOVERY) PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT
OF $10 MILLION FOR THE MIDDLE BEACH RECREATIONAL CORRIDOR;
5) US DEPARTMENT OF HOMELAND SECURITY FOR FUNDING IN THE
APPROXIMATE AMOUNT OF $350,000 FOR THE URBAN AREA SECURITY
INITIATIVE (UASI) PROGRAM; 6) STATE OF FLORIDA, DIVISION OF
HISTORICAL RESOURCES, SMALL MATCHING GRANT PROGRAM FOR
FUNDING IN THE APPROXIMATE OF $10,000 FOR FUNDS TO PREPARE
DESIGN GUIDELINES FOR MlMO BUILDINGS; 7) THE NATIONAL TRUST
FOR HISTORIC PRESERVATION MODERNISM + RECENT PAST GRANT
PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $7,000
FOR THE PLANNING DEPARTMENT'S RESEARCH AND DESIGN
PROGRAM; AND APPROVAL TO EXECUTE DOCUMENTS FOR A GRANT
RENEWAL TO: 8) THE CHILDREN'S TRUST FOR FUNDING IN THE
APPROXIMATE AMOUNT OF $215,000 FOR THE CITY'S SERVICE
PARTNERSHIP (SUCCESS UNIVERSITY) PROGRAM; APPROPRIATING
THE ABOVE GRANTS, MATCHING FUNDS AND ClTY EXPENSES
RELATED TO THE ABOVE PROJECTS AS NECESSARY, IF APPROVED
AND ACCEPTED BY THE CITY, AND AUTHORIZING THE EXECUTION OF
ALL DOCUMENTS RELATED TO THESE APPLICATIONS.
WHEREAS, Miami-Dade County is a recipient of federal funding under Title IV of the
Stewart McKinney Homeless Assistance Act through the U.S. Department of Housing
and Urban Development; and
WHEREAS, the City plans to apply for funding, in the approximate amount of
$64,000, from Miami-Dade County Homeless Trust to provide supportive services,
including homeless outreach and shelter placement; and
WHEREAS, a match of at least 25% is required and matching funds are available
form the Real Estate, Housing and Community Development Department, Homeless
Division operating budget and this project supports the key intended outcome: reduce
the number of homeless; and
WHEREAS, approval is requested to submit a grant application to Miami-Dade
County Homeless Trust, for funding, in the approximate amount of $64,000 for the City's
Supportive Housing Grant Program; and
WHEREAS, the HotelIMotel Program provides federal funding for emergency
hotellmotel placement for homeless persons and homeless funds are specifically
provided to provide emergency hotellmotel placements of homeless individuals and
families with children; and
WHEREAS, this program also provides funding for food vouchers for families while
residing in placements if food arrangements or other resources are unavailable and the
City is applying for funding in the amount of $50,000 for this program; and
WHEREAS, for the HMlS funds program, the City receives Supportive Housing
funding on an annual basis from Miami-Dade County for the City's Homeless Outreach
Program and the grant guidelines require that all grantees participate in the County's
data-tracking software system (Homeless Management lnformation System); and
WHEREAS, City staff is required to input client and intake data and maintain client
files and statistical data on each person served and this is a labor intensive requirement,
currently being performed by staff in the Community Services Division of Neighborhood
Services; and
WHEREAS, this grant will partially cover the salary costs associated with one
position responsible for maintaining the HMlS data and no new staff will be hired as a
result of this grant, therefore, the City is applying for funding in the amount of $12,333
under this program; and
WHEREAS, matching funds are not required for this grant and this project supports
the key intended outcome: reduce the number of homeless; and
WHEREAS, approval is requested to submit a grant application to Miami-Dade
County Homeless Trust for funding for the HotelIMotel Program in the amount of
$50,000 and Homeless Management lnformation System (HMIS) Programs in the
approximate amount of $1 2,333 for a combined total of $63,000; and
WHEREAS, the Miami-Dade County Homeless Trust was created by the Miami-
Dade Board of County Commissioners to, among other things, oversee the use of the
Food and Beverage Tax and other funds and to establish and implement policies based
on the Miami-Dade County Community Homeless Plan; and
WHEREAS, in addition to Homeless Outreach funding, the Homeless Trust also
has Identification Assistance funds available to provide assistance in obtaining
identification and other personal documents on behalf of homeless individuals and
families in Miami-Dade County and the funds can also be used to cover related costs or
fees associated with obtaining or replacing documents utilized to establish identification,
such as Florida identification cards, birth certificates, and marriage certificates; and
WHEREAS, the Administration intends to apply for funding in the approximate
amount of $50,000 to provide this service which will be folded into the City's current
Homeless Outreach Program; and
WHEREAS, the grant does not require matching funds and supports the key
intended outcome: reduce the number of homeless; and
WHEREAS, approval is requested to submit an application to Miami-Dade County
Homeless Trust for funding for Identification Assistance Services for homeless
individuals and families in the approximate amount of $50,000 for the City's Homeless
Outreach Program; and
WHEREAS, the Transportation lnvestment Generating Economic Recovery, or
TIGER Discretionary Grant program, provides a unique opportunity for the U.S.
Department of Transportation to invest in road, rail, transit and port projects that promise
to achieve critical national objectives; and
WHEREAS, projects will need to be ready for construction by June 30, 201 3; and
WHEREAS, the MBRC is part of a comprehensive bikewaylpedestrian program
called the Atlantic Greenway Network which will provide direct access to important
destinations, such as schools, parks, shopping centers, business districts and includes
beach corridor paths, neighborhood trails, arterial lanes and paths to connect South,
Middle and North Beach and link Miami Beach to the mainland and Phase II of this
project includes construction of an on-grade walkway encompassing eighteen blocks
north from approximately 46th Street to Allison Park at 64th Street; and
WHEREAS, the Administration is applying for funding in the approximate amount of
$10,000,000, with matching funds in the amount of $3,138,636 (24% match) and the
program requires a minimum application of $10 million, with a minimum 20% match, the
source of the match is MDC CDT Interlocal Revenues for CDTlResort Tax Eligible
Expenditures; and
WHEREAS, this project supports the key intended outcome enhance mobility
throughout the City; and
WHEREAS, approval is requested to submit an application to the U.S. Department
of Transportation lnvestment Generating Economic Recovery Program (TIGER
Program) for funding in the approximate amount of $10 million for the Middle Beach
Recreation Corridor (MBRC) Phase II; and
WHEREAS, the Urban Area Security Initiative (UASI) is funded through the U.S.
Department of Homeland Security (DHS), under the Homeland Security Grant Program;
and
WHEREAS, one of the core missions of the DHS is to enhance the ability of state
and local government to prevent, protect against, respond to and recover from terrorist
attacks and other disasters; and
WHEREAS, the City of Miami Beach receives UASI funding as part of the allocation
for the Miami Urban Area to further homeland security needs citywide; and
WHEREAS, the Administration intends to submit an application for UASI funding
the approximate amount of $350,000 and no matching funds are required and this
project supports the key intended outcomes increase visibility of Police and maintain
crime rates at or below national trends; and
WHEREAS, approval is requested to submit a grant application to the Urban Areas
Security lnitiative (UASI) program in the approximate amount of $350,000 for FY 2012
funding; and
WHEREAS, the State of Florida's Small Matching Historic Preservation Grants
program awards funding for the restoration of historic structures, archaeological
excavations, recording of the historic and archaeological sites, state historical markers
and historic preservation education projects; and
WHEREAS, the Administration is seeking funding to build upon previous efforts to
promote public awareness and preservation of Miami Modern (MiMo) architecture on
Miami Beach by preparing illustrated design guidelines for the rehabilitation and
restoration of MiMo style buildings; and by enhancing the MiMoOnTheBeach website
with the design guidelines and also with interactive features; and
WHEREAS, the total project cost is $20,000 and the City will request funding in the
amount of $10,000 from the State, and will provide a cash match in the amount of
$2,500 from the Planning Department Operating Budget and $7,500 in in-kind matching
funds (staff salaries devoted to this project); and
WHEREAS, this grant requires matching funds, which can include an in-kind match;
however at least 25% of the match must be in cash and this project supports the key
intended outcome protect historic building stock; and
WHEREAS, approval to submit a grant application to the State of Florida, Division of
Historical Resources for the Small Matching Historic Preservation Grants Program for
funding in the approximate amount of $10,000 for funds to prepare design guidelines for
MiMo buildings
WHEREAS, the National Trust for Historic Preservation's Modernism + Recent Past
lnitiative focuses on significant buildings, structures, and landscapes of the modern
movement, as well as places of social, economic, and cultural importance that were
built within the last fifty years. Primary funding for the lnitiative was generously provided
by the Henry Luce Foundation; and
WHEREAS, the Planning Department intends to apply for funding for research and
design of methods to preserve historic metal railings on MiMo buildings that no longer
meet life safety codes and the Administration intends to apply for $7,000 for this
initiative; and
WHEREAS, this grant does not require matching funds and this project supports the
key intended outcome protect historic building stock; and
WHEREAS, approval is requested to submit a grant application to The National
Trust for Historic Preservation Grant Program for Modernism + Recent Past for funding
in the approximate amount of $7,000 for the Planning Department's Research and
Design Program; and
WHEREAS, The Children's Trust Service Partnership program provides funding to
address targeted geographic areas and to reach at-risk populations in Miami-Dade
County and the purpose of the program is to target resources to meet the more complex
needs of vulnerable children and families in the area; and
WHEREAS, the City was awarded an initial planning grant for Success University in
2007, and since then has received recurring annual grants for this program from the
Children's Trust. And the program has been operating successfully and has consistently
ranked amongst the highest scoring Service Partnerships in the County; and
WHEREAS, Success University is an integrated service program that partners with
community agencies to provide Miami Beach youth at risk for truancy with personal and
academic supports, while providing their families with holistic, comprehensive services to
ensure family stability and youth success; and
WHEREAS, previously, the Children's Trust funded Service Partnerships for a full
year, however, this year, all Service Partnerships will be 9-month contracts to
synchronize with the school calendar, therefore, renewal amounts have been prorated;
and
WHEREAS, similar to last year, participants attend Biscayne Elementary, Nautilus
Middle or Miami Beach Senior High School, are predominantly aged 6-1 2 and 13-1 8 and
have indicators showing them to be truant as demonstrated by school absences and
students are referred to the program when they experience five or more unexcused
absences in a given school year; and
WHEREAS, no supplanting of existing public funds is allowed and this program does
not require a city match and this program supports the key intended outcome: enhance
learning opportunities for youth; and
WHEREAS, retroactive approval for the City to renew a funding application with the
Children's Trust for the Success University Service Partnership Program in the
approximate amount of $21 5,000.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH hereby approve and authorize the City
Manager or his designee to submit the following grant applications: 1) Miami-Dade
County Homeless Trust for funding in the approximate amount of $64,000 for the City's
Homeless Outreach Program; 2) Miami-Dade County Homeless Trust for funding from
the HotelIMotel and Homeless Management Information System (HMIS) Programs in an
approximate amount of $63,000 for the City's Homeless Outreach Program; 3) Miami-
Dade County Homeless Trust for funding in the approximate amount of $50,000 for
Identification Assistance Services for Homeless Individuals and Families: 4) U.S.
Department of Transportation, TIGER (Transportation Investment Generating Economic
Recovery) Program for funding in the approximate amount of $10 million for the Middle
Beach Recreational Corridor; 5) US Department of Homeland Security for funding in the
approximate amount of $350,000 for the Urban Area Security Initiative (UASI) Program;
6) State of Florida, Division of Historical Resources, Small Matching Grant Program for
funding in the approximate of $10,000 for funds to prepare design guidelines for MiMo
buildings; and approval to execute documents for a grant renewal to: 8) The Children's
Trust for funding in the approximate amount of $215,000 for the City's Service
Partnership (Success University) Program; appropriating the above grants, matching
funds and City expenses related to the above projects 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 ,201 1
ATTEST:
MAYOR
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
n & FOR EXECUTION
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution retroactively approving and authorizing the City Manager or his designee to execute a Federally
Funded Subgrant Agreement, on behalf of Mount Sinai Medical Center of Florida, Inc., with the State of
Florida, Division of Emergency Management, for federal funding in an amount not to exceed $750,000, for
the installation of a generator, fuel tank, and transfer switches at Mount Sinai's Gumenick Ambulatory
Surgical Center, further authorizing the City Manager to negotiate and execute a Memorandum of
Understanding between the City and Mount Sinai, whereby Mount Sinai agrees to be solely and completely
responsible for prosecuting and completing the aforestated scope of work and whereby Mount Sinai further
I agrees to indemnify and hold the City harmless from any liability under the Subgrant Agreement.
Key Intended Outcomes Supported: I Not Applicable -this is a "pass through" grant from FEMA on behalf of Mount Sinai.
/Supporting Data - 2009 Community Survey: 92% of respondents rated quality of the City's I I ~m&~enc~/Hurricane preparedness as "~xcellent" and "Good".
Issue: I Shall the City execute the Funding Agreement and Memorandum of Understanding? I
Item SummarylRecommendation:
Approve the Resolution. The City has been awarded funding in the amount of $750,000 for Mount Sinai.
Mount Sinai cannot receive federal funding for this project directly; however, Federal Emergency 1 Management Agency authorizes local governments to apply for funding from the Pre-Disaster Mitigation
program. Mount Sinai will be undertaking the Project and the City will execute a Memorandum of
Understanding with Mount Sinai regarding this Project.
I
-
Advisory Board Recommendation: NIA
Financial Information: I Source of l~undin~ Agency Name1 Project I Funding I City Match I
City Clerk's Office Legislative Tracking:
Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement
funds
US Dept of Homeland
SecuritylMount Sinai Emergency
Power Protection Project.
Amount
$750,000
Amount1Source
NIA - No matching funds
will be paid by the City.
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 19, 201 1
SUBJECT: A RESOLUTION OF THE MAYOR ISSlON OF THE CITY OF
MIAMI BEACH, FLORIDA, RETRO VlNG AND AUTHORIZING
THE ClTY MANAGER OR HIS DESIGNEE TO EXECUTE A FEDERALLY
FUNDED SUBGRANT AGREEMENT, ON BEHALF OF MOUNT SlNAl MEDICAL
CENTER OF FLORIDA, INC., (MOUNT SINAI), WlTH THE STATE OF FLORIDA,
DIVISION OF EMERGENCY MANAGEMENT (DEM), FOR FEDERAL FUNDING
FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA), IN AN AMOUNT NOT TO
EXCEED $750,000, FOR THE INSTALLATION OF A GENERATOR, FUEL
TANK, AND TRANSFER SWITCHES AT MOUNT SINAI'S GUMENICK
AMBULATORY SURGICAL CENTER, WlTH THE AFORESTATED SCOPE OF
WORK TO BE UNDERTAKEN AND COMPLETED BY MOUNT SINAI;
FURTHER AUTHORIZING THE ClTY MANAGER TO NEGOTIATE AND
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITYAND
MOUNT SINAI, WHEREBY MOUNT SlNAl AGREES TO BE SOLELY AND '
COMPLETELY RESPONSIBLE FOR PROSECUTING AND COMPLETING THE
AFORESTATED SCOPE OF WORK IN ACCORDANCE WlTH THE TERMS AND
CONDITIONS OF THE SUBGRANT AGREEMENT (AS IF IT WERE A PARTY
THERETO), AND WHEREBY MOUNT SlNAl FURTHER AGREES TO
INDEMNIFY AND HOLD THE ClTY HARMLESS FROM ANY LIABILITY UNDER
THE SUBGRANT AGREEMENT
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Pre-Disaster Mitigation (PDM) program is authorized by Section 203 of the Stafford Act,
42 U.S.C. 5133 and provides funds to states, territories, Indian tribal
governments, communities, and universities for hazard mitigation planning and the
implementation of mitigation projects prior to a disaster event. Funding these plans and
projects reduces overall risks to the population and structures, while also reducing reliance
on funding from actual disaster declarations. The PDM program is funded by the US
Department of Homeland Security, through FEMA, and administered by the State of Florida
Division of Emergency Management.
Non-profit organizations cannot receive federal funding from the PDM program directly;
however, the U.S. Department of Homeland Security, through FEMA, authorizes local
governments to apply for funding from the Pre-Disaster Mitigation Program on behalf of a
Commission Memorandum
Page 2
private non-profit organization in order to mitigate the impact of disaster events. Therefore,
on June 3,2009, the Mayor and City Commission approved Resolution No. 2009-27080,
authorizing the City to submit an application for funding to the U.S. Department of Homeland
Security, FEMA, on behalf of Mount Sinai Medical Center of Florida, Inc. (Mount Sinai), for
an Emergency Power Protection Project.
Congresswoman Debbie Wasserman Schultz submitted a request for $5 million for this
Project as one of her FY 2010 appropriation requests, and the Project was ultimately
awarded $750,000. The City, as the applicant, was awarded federal funding for the Project
by the State of Florida, Division of Emergency Management (DEM), in the amount of
$750,000, for the installation of a generator, fuel tank, and transfer switches at Mount Sinai's
Gumenick Ambulatory Surgical Center (the Project).
Mount Sinai will be undertaking the Project work, subject to the terms and conditions set
forth in the State Contract. No City funding commitment or City match is required. Mount
Sinai shall be solely responsible for, and shall assume all cost, work, and liabilitywith regard
to, the Project scope of work (as contemplated under the State Contract).
The State DEM requires the City to execute the State Contract prior to October 19,201 1,
and, in order to meet the State's deadlines (and preserve the funding requested under the
State Contract), the City Administration needs to submit all documentation to the State prior, +,
to the City Commission meeting of October 19,201 1. As such, the City has entered into a
federally funded Subgrant Agreement (Contract Number, 12DM-5J-11-23-02 also referred to
as the "State Contract") with DEM, on behalf of the Mount Sinai (See Exhibit "I"). The City -: .:' .: ,
and Mount Sinai have agreed to enter into a Memorandum of Understanding (M0U)-i
whereby Mount Sinai agrees to be bound by the terms of the State Contract, as if it stood iri I
the City's place as a party thereto and further, whereby Uount Sinai agrees to completely -
indemnify and hold the City harmless from any work undertaken by Mount Sinai, and any
other terms and conditions, under the State Contract (See Exhibit "2").
The Administration is therefore requesting that the Mayor and City Commission retroactively
approve the actions requested pursuant to this Resolution.
Conclusion
The Administration requests that the Mayor and City Commission hereby retroactively
approve and authorize the City Manager or his designee to execute a Federally Funded
Subgrant Agreement, on behalf of Mount Sinai Medical Center of Florida, Inc. (Mount Sinai),
with the State of Florida, Division of Emergency Management (DEM), for Federal funding
from the U.S. Department of Homeland Security, Federal Emergency Management Agency
(FEMA), in an amount not to exceed $750,000, for the installation of a generator, fuel tank,
and transfer switches at Mount Sinai's Gumenick Ambulatory Surgical Center, with the
aforestated scope of work to be undertaken and completed by Mount Sinai; further
authorizing the City Manager to execute the attached Memorandum of Understanding
between the City and Mount Sinai, whereby Mount Sinai agrees to be solely and completely
responsible for prosecuting and completing the aforestated scope of work in accordance
with the terms and conditions of the Subgrant Agreement (as if it were a party thereto), and
whereby Mount Sinai further agrees to indemnify and hold the City harmless from any liability
under the Subgrant Agreement.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING
AND AUTHORIZING THE ClTY MANAGER OR HIS DESIGNEE TO
EXECUTE A FEDERALLY FUNDED SUBGRANT AGREEMENT, ON
BEHALF OF MOUNT SlNAl MEDICAL CENTER OF FLORIDA, INC.,
(MOUNT SINAI), WlTH THE STATE OF FLORIDA, DIVISION OF
EMERGENCY MANAGEMENT (DEM), FOR FEDERAL FUNDING FROM
THE U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA), IN AN AMOUNT NOT
TO EXCEED $750,000, FOR THE INSTALLATION OF A GENERATOR,
FUEL TANK, AND TRANSFER SWITCHES AT MOUNT SINAI'S
GUMENICK AMBULATORY SURGICAL CENTER, WlTH THE
AFORESTATED SCOPE OF WORK TO BE UNDERTAKEN AND
COMPLETED BY MOUNT SINAI; FURTHER AUTHORIZING THE ClTY
MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF
UNDERSTANDING BETWEEN THE ClTY AND MOUNT SINAI,
WHEREBY MOUNT SlNAl AGREES TO BE SOLELY AND
COMPLETELY RESPONSIBLE FOR PROSECUTING AND
COMPLETING THE AFORESTATED SCOPE OF WORK IN
ACCORDANCE WlTH THE TERMS AND CONDITIONS OF THE
SUBGRANT AGREEMENT (AS IF IT WERE A PARTY THERETO), AND
WHEREBY MOUNT SlNAl FURTHER AGREES TO INDEMNIFY AND
HOLD THE ClTY HARMLESS FROM ANY LIABILITY UNDER THE
SUBGRANT AGREEMENT
WHEREAS, on June 3, 2009, the Mayor and City Commission approved
Resolution No. 2009-27080, authorizing the City to submit an application for funding to
the U.S. Department of Homeland Security, FEMA, on behalf of Mount Sinai Medical
Center of Florida, Inc. (Mount Sinai), for Emergency Power Protection (the Project); and
WHEREAS, Mount Sinai cannot receive federal funding for this Project directly;
however, the U.S. Department of Homeland Security, through the Federal Emergency
Management Agency (FEMA), authorizes local governments to apply for funding from
the Pre-Disaster Mitigation Program on behalf of a private non-profit organization in
order to mitigate the impact of disaster events; and
WHEREAS, Congresswoman Debbie Wasserman Schultz submitted a request
for $5 million for this Project as one of her FY 2010 appropriation requests, and the
Project was ultimately awarded $750,000; and
WHEREAS, the City has been awarded federal funding for the Project by the
State of Florida, Division of Emergency Management (DEM), in an amount not to exceed
$750,000, which includes the installation of a generator, fuel tank, and transfer switches
at Mount Sinai's Gumenick Ambulatory Surgical Center (the Project); and
WHEREAS, the City proposes to enter into a federally funded Subgrant
Agreement (Contract Number, 12DM-5J-11-23-02 also referred to as the "State
Contract") with DEM, on behalf of the Mount Sinai; the proposed State Contract is
attached as Exhibit "1" hereto; and
WHEREAS, Mount Sinai will be undertaking the Project work, subject to the
terms and conditions set forth in State Contract; and
WHEREAS, no City funding commitment or match is required; and
WHEREAS, Mount Sinai shall be solely responsible for, and shall assume all
cost, work, and liability with regard to, the Project scope of work (as contemplated under
the State Contract); accordingly, the City and Mount Sinai have also agreed to enter into
the attached Memorandum of Understanding (MOU) whereby Mount Sinai agrees to be
bound by the terms of the State Contract, as if it stood in the City's place as a party
thereto and; further, whereby Mount Sinai agrees to completely indemnify and hold the
City harmless from any work undertaken by Mount Sinai, and any other terms and
conditions, under the State Contract (See Exhibit "2 hereto); and
WHEREAS, the Administration is requesting that the Mayor and City
Commission retroactively approved the actions requested pursuant to this Resolution, as
DEM requires the City to execute the State Contract by October 19, 2011, and, in order
to meet the State's deadlines (and preserve the funding requested under the State
Contract), the City Administration needs to submit all documentation to the State prior to
the City Commission meeting of October 19, 201 1.
WHEREAS, this Project supports the key intended outcomes: ensure value and
timely delivery of quality capital projects.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, hereby retroactively
approve and authorize the City Manager or his designee to execute a Federally Funded
Subgrant Agreement, on behalf of Mount Sinai Medical Center of Florida, Inc. (Mount
Sinai), with the State of Florida, Division of Emergency Management (DEM), for Federal
funding from the U.S. Department of Homeland Security, Federal Emergency
Management Agency (FEMA), in an amount not to exceed $750,000, for the installation
of a generator, fuel tank, and transfer switches at Mount Sinai's Gumenick Ambulatory
Surgical Center, with the aforestated scope of work to be undertaken and completed by
Mount Sinai; further authorizing the City Manager to execute the attached Memorandum
of Understanding between the City and Mount Sinai, whereby Mount Sinai agrees to be
solely and completely responsible for prosecuting and completing the aforestated scope
of work in accordance with the terms and conditions of the Subgrant Agreement (as if it
were a party thereto), and whereby Mount Sinai further agrees to indemnify and hold the
City harmless from any liability under the Subgrant Agreement.
PASSED and ADOPTED this day of ,201 1
ATTEST:
MAYOR
ClTY CLERK
APPROVED AS TO
JMGIKGBIJH FORM & LANGUAGE
T:\AGENDA\2011\9-14-1 I\MSMC Reso MSMC MOU.doc & FOH EXECUTION
EXHIBIT 1
Contract Number: 12DM-5J-11-23-02-
CFDA Number: 97.047
FEMA NO.: LPDM-PJ-04-FL-2010-005
FEDERALLY FUNDED SUBGRANT AGREEMENT
THlS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and, the City of Miami
Beach, on behalf of Mount Sinai Medical Center of Florida, Inc. a Florida not for profit corporation located
in Miami Beach (pursuant to the terms of that certain Memorandum of Understanding between Recipient
and Mount Sinai and incorporated as Exhibit "2" hereto, (hereinafter referred to as the "Recipient").
THlS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has received these grant funds from the Federal Emergency Management
Agency, and has the authority to subgrant these funds to the Recipient upon the terms and conditions
below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shall perform, or cause to be performed, the work in accordance with the
Budget and Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS. RULES, REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution and shall end June 30,2014, unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal OMB Circulars:
States, local governments, and Indian Tribes follow:
A-87 for Cost Principles, Relocated to 2 CFR, Part 225
A-102 for Administrative Requirements, and
A-133 for Audit Requirements
Educational Institutions (even if part of a State or Local government) follow:
A-21 for Cost Principles, Relocated to 2 CFR, Part 220
A-1 10 for Administrative Requirements, Relocated to 2 CFR, Part 215, and
A-133 for Audit Requirements
Non-Profit Organizations follow:
A-122 for Cost Principles, Relocated to 2 CFR , Part 230 (362k)
A-1 10 for Administrative Requirements, Relocated to 2 CFR, Part 215, and
A-1 33 for Audit Requirements
If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the
Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain, or cause to be retained, sufficient records to show its
compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants
paid from funds under this Agreement, for a period of five (5) years from the date the audit report is
issued, and shall allow the Division or its designee, the State Chief Financial Officer or the State Auditor
General access to the records upon request. The Recipient shall ensure that audit working papers are
available to them upon request for a period of five (5) years from the date the audit report is issued,
unless extended in writing by the Division. The five (5) year period may be extended for the following
exceptions:
1. If any litigation, claim or audit is started before the five (5) year period expires,
and extends beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title.
(c) The Recipient shall maintain, or cause to be maintained, all records for the Recipient
and for all subcontractors or consultants to be paid from funds provided under this Agreement, including
documentation of all program costs, in a form suRicient to determine compliance with the requirements
and objectives of the Budget and Scope of Work -Attachment A - and all other applicable laws and
regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business
hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain, or cause to be maintained, financial procedures
and support documents, in accordance with generally accepted accounting principles, to account for the
receipt and expenditure of funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall
ordinarily mean normal business hours of 8:00 a.m. to 500 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows
the Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including
Federal resources received from the Division. The determination of amounts of Federal awards . .
expended should be in accordance with the guidelines established by OMB Circular A-133, as revised.
An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB
Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the
Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB
Circular A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non-Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB
Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d),
OMB Circular A-133, as revised, by or on behalf of the Recipient to:
The Division at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.usl
and
Division of Emergency Management
Bureau of Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by
submission online at:
http:/lharvester.census.qovlfac/collec~ddeindex.html
And to any other Federal agencies and pass-through entities in accordance with Sections ,320 (e) and (f),
OMB Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send
a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any
management letter issued by the auditor, to the Division at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@,dca.state.fl.usl
and
Division of Emergency Management
Bureau of Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required
to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Division for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after the Division has notified the Recipient of such non-compliance.
(i) The Recipient shall have all audits completed by an independent certified public
accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473,
Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The
audit must be received by the Division no later than nine months from the end of the Recipient's fiscal
year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all sub recipients and
subcontractors in completing the work described in the Scope OF Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 15 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (1 1) REMEDIES. "Acceptable to the Division" means that
the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(f) The Recipient shall provide additional reports and information identified in
Attachment F.
(8) MONITORING
The Recipient shall monitor performance under this Agreement, as well as that of the
subcontractors andlor consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above,
monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope
audits, andlor other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedureslprocesses deemed appropriate by the Division. In the event that the Division or the
Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to
comply with any additional instructions provided by the Division or the Department to the Recipient
regarding such audit. The Recipient further agrees to comply and cooperate with any inspections,
reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor
General. In addition, the Division will monitor the performance and financial management by the
Recipient throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless the Recipient is a State agency or subdivision, as defined in Section 768.28,
Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, the Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent or tortuous acts or omissions which result in
claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set Forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein
5
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in paragraph (1 1). However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(1 1) REMEDIES
If an Event of Default occurs, then the Division may, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in the United States, first
class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in
paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds;
(e) Exercise any corrective or remedial actions, to include but not be limited to:
J. Request additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of performance;
2. Issue a written warning to advise that more serious measures may be taken if
the situation is not corrected;
3. Advise the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
6
4. Require the Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible.
(f) Exercise any other rights or remedies which may be available under law;
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. . -
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement. ,
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division project manager for this Agreement is:
Project Manager Name: Mr. Quinton Williams, Planner
Bureau Name: Bureau of Mitigation
Division Name: Division of Emergency Management
Address: 2555 Shumard Oak Boulevard
City, State, Zip Tallahassee, Florida 32399
Telephone Number: 850-487-7584
Fax Number: 850-4 13-9857
Email Address: c~uinton.williams@em.mvflorida.corn
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
CONTACT NAME: Ms. Judy Hoanshelt, Grants Manager
RECIPIENT NAME: City of Miami Beach
ADDRESS: 1700 Convention Center Drive
CITY, STATE, ZIP Miami Beach, Florida 33139-18191
Telephone: 305-673-751 0
Fax: 786-394-4675
Email: j~~dyhoanshelt@miamibeachfi.Rov
With copies to:
Amy Perry
Senior Vice President
Chief Operating Officer
Mount Sinai Medical Center
4300 Alton Road
Miami Beach, FL 33140
305-674-2520 (office)
305-674-2007 (fax)
Amv.Perrv@msmc.com
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided as outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
fully executed subcontract must be forwarded to the Division within ten days of execution for review and
approval. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the
terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out f~llly.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit I - Funding Sources
Attachment A - Budget and Scope of Work
Attachment B - Program Statutes and Regulations
Attachment C - Statement of Assurances
Attachment D - Request for Reimbursement
Attachment E - Justification of Advance
Attachment F - Quarterly Report Form
Attachment G -Warranties and Representations
Attachment H - Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $750,000.00
subject to the availability of funds. All requests for reimbursement of administrative costs must be
accompanied by the back-up documentation evidencing all such administrative costs.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash
<. needs of the Recipient within the first three (3) months of the contract term. For a federally funded
contract, any advance payment is also subject to federal OMB Circulars A-87, A-I 10, A-I22 and the Cash
Management Improvement Act of 1990. If an advance payment is requested, the budget data on which
the request is based and a justification statement shall be submitted to the Division Contact in
accordance with Attachment E. Attachment E will specify the amount of advance payment needed and
provide an explanation of the necessity for and proposed use of these funds.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(d) Request for Reimbursement should be submitted at least quarterly and should
include the supporting documentation for all costs of the project submitted on the Request for
Reimbursement. The supporting documentation must comply with the documentation requirements of
applicable OMB Circular Cost Principles. Attachment D must be completed and signed by an authorized
representative of the recipient. Any Requests for Reimbursement that fail to include Attachment D with
the supporting documentation may be returned or delayed in processing. The final invoice shall be
submitted within 60 days after the expiration date of the agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the
United States Congress, the federal Office of Management and Budgeting, the State Chief Financial
Officer or under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to
make any further payment of funds shall terminate, and the Recipient shall submit its closeout report
within thirty days of receiving notice from the Division.
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of "Department of Community Affairs," and mailed directly to the Division's Contact
listed above.
9
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the
Division for collection, the Recipient shall pay the Division a service fee of $15.00 or 5% of the face
amount of the returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and
the release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other - ~
provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on
the basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatorv vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief,
thal it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. Have not, within a five-year period preceding this proposal been convicted of or
had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(g)2. of this certification; and
4. Have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile
transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And
Voluntary Exclusion" (Attachment H) for each intended subcontractor which the Recipient plans
to fund under this Agreement. The form must be received by the Division before the Recipient
enters into a contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(j) Any bills for travel expenses shall be submitted in accordance with Section 11 2.061,
Fla. Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(I) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
All contractors must E-Verify the employment status of their employees and subcontractors to the extent
permitted by federal law and regulation.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.01 1, Fla. Stat.) with respect to the meetings of the Recipient's governing board or meetings of any
subcommittee making recommendations to the governing board. All of these meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shal[ be public records, available to the
public in accordance with Chapter 1 19, Fla. Stat.
(0) All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. IOa, unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
I. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WlTH
THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WlTH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) IF the Recipient has a pre-existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
12
Agreement are ~esewed to the St&@ of Fiarida. If any baaks, manuak, fitnrs, ar ather copyrightable
material are prot-iucod, the Recipient shall notify &a Division, Any copyrights accruing under ctr in
Gonnedion wilh the performance: under Lhis Agreement are transfferfed by the Recipient b the Stab of
Florida,
(c) Wiihihin thirty days of exacutlon af this Agreement, the R~~ipient shall disctose all
infelteetual properties refating to the perfaman= of this Agrement which he or she knam sr should
know could give rim to a patent or copyfgh-a. The Redpient shdl retain a91 Pigilts and knlit~em@nts b any
pre-existirig Ertletlectuol property which is dis~i~b~d. FaIIur@ to clisetose evill indicate &a% no soscta props@
exists. Phe Divbion shalt then, under Paragraph [b), hava the fight to alf pakenls and wxspyrights which
acwue during pdonnance of the Wgreitment.
(221 LEGAL AUTHOKfaTlON
Tha Recipient eerliiies that it hits the legal au&arity to recetivs ths funds unfjer this
Agreement and Illat its gavarning bsdy has authorized the ex~cution and acceptance of %is Fagraement
The Wedpient also certRss that the undswfgned person has the authority ta fegally execute and bind the
Recipr"@nt to ths terms sf this Agnement,
(23) ASSURANCES
The Redpfent shali camply with any Statement of Assumnces incorporated as
Altaehmant 6.
IN WITNESS WHEREOF, the parties hereto hays exwted &is Agreement,
CtTY OF M6fWll BmC'W:
STATE OF FLDRIDA EllVISIOM 0% EMERGENCY MANAGEMENT
BE
N8ma and Title: Swan W. Kogoan, Director
Plgraed and accept& b%r
EXHIBIT - 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
Federal Program: Federal Emergency Management Agency, Legislature Pre-Disaster Mitigation
Program
Catalog of Federal Domestic Assistance Number: 97.047
Amount of Federal Funding: $750,000.00
THE FOLLOWING COMPLIANCE REQUIREMENTS MAY APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
OMB Circular A-110 Uniform Administrative Requirements for Grants and Cooperative
Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations
OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative
Agreements with State and Local Governments
OMB Circular A-87 Cost Principles for State and Local Governments
OMB Circular A-21 Cost Principles for Educational lnstitutions
OMB Circular A-133 Audits of State, Local Governments, and NonOProfit Organizations
Commonly Applicable Statutes and Regulations
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288,
as amended, 42 U.S.C. 5121 et seq., and Related Authorities
Sections 1361(A) of the National Flood lnsurance Act of 1968 (NFIA, or "the Act"), 42 USC
4104c, as amended by the National Flood Insurance Reform Act of 1994 (NFIRA), Public
Law 103-325 and the Bunning-Bereuter-Blumenauer Flood lnsurance Reform Act of 2004,
Public Law 108-264
Title 44 of the Code of Federal Regulations (CFR)
44 CFR Part 79 Flood Mitigation Grants
44 CFR Part 80 Property Acquisition and Relocation for Open Space
44 CFR Part 9 Floodplain Management and Protection of Wetlands
44 CFR Part 10 Environmental Considerations
44 CFR Part 13 Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments
31 CFR Part 205 Rules and Procedures for Funds Transfers
Federal Program:
I. This funding is to used for the appropriate eligible activity listed below which is
consistent with the scope of work of the project:
Acquisition of hazard prone properties
Retrofitting of existing buildings and facilities
Elevation of flood prone structures
Infrastructure protection measures
Storm water management improvements
Minor structural flood control projects
Relocation of structures from hazard prone areas
Retrofitting of existing buildings and facilities for shelters
Vegetative rnanagementlsoil stabilization
Mitigation Planning Project
Other projects that reduce future disaster losses
2. Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in violation of the terms of the Agreement.
Attachment A
Budget and Scope of Work
The Sub-grantee, the City of Miami Beach, will install a Cummins Power 350 KW generator with
a minimum 100 gallon isolated mount double walled day tank and two transfer switches. The transfer
switches will be a 400 amp 2771480 volt transfer switch and a 260 amp 2771480 volt transfer switch. The
generator, fuel tank and transfer switches will be permanently installed in an impact secure and fire rated
roof top mechanical enclosure on the Gumenick Ambulatory Surgical Center at Mount Sinai Medical
Center.
The Federal Emergency Management Agency has determined from a programmatic and
technical review that the following items are unique to this project and a requirement of this award.
Quarterly financial and programmatic progress reports for LPDM projects are required. The
programmatic progress report will include sufficient narrative to determine the degree to
which the project has been implemented and the estimated time to completion;
The Sub-Applicant must follow all applicable local, State and Federal laws, regulations, and
requirements and obtain (before starting project work) and comply with all required permits
and approvals.
Changes to the engineering design or to the list of participating properties in an approved
mitigation project will be considered by FEMA but not approved automatically. The State
must request a change in the property list or a significant engineering design change as a
formal SOW Revision. The ApplicanttSub-applicant must have identified the alternate
properties in the project application and must have provided a Benefit-cost Analysis for each
alternate property. The Regional Office may allow eligible properties to be substituted as
long as the substitution does not change the overall nature of the project or increase the
amount of tpe Federal Share. The Regional Office may allow significant engineering design
changes if no environmental impacts are anticipated. If the project remains technically
feasible, and or once an additional round of environmental consultations is completed and a
revised CATEX issued.
The Applicant must follow all applicable state, local, and Federal laws, regulations, and
requirements, and obtain (before starting project work) and comply with all required permits
and approvals. If start of project work is delayed for a year or more after the date or this
CATEX, then coordination with and project review by appropriate regulatory agencies must
be redone.
* Any change, addition, or supplement to the approved project SOW that alters the project
(including other work not funded by FEMA, but done substantially at the same time) will
require re-submission of the application to FEMA for NEPA re-evaluation before starting
project work.
* Construction vehicles and equipment used for this project shall be maintained in good
working order to minimize pollutant emissions. The contractor will implement measures to
prevent spillage or runoff of chemicals, fuels, oils, or sewer related wastes during project
work.
* Any hazardous materials found onsite such as asbestos or lead-based paint, will also be
managed in accordance with all applicable state, local, and federal laws and regulations.
If any archaeological material is discovered during project work, work in that area shall cease
immediately, and the Sub-Applicant will contad FL SHPO and DHSIFEMA Region IV
Environmental Officer for further guidance.
The Sub-grantee must notify the State as soon as significant developments become known,
such as delays or adverse conditions that might raise or delay completion, or favorable
conditions allowing lower cost or earlier completion; and
The installation of the generator has been deemed a critical action. Therefore, the Sub-
grantee must coordinate with the local Floodplain Administrator to ensure the facility is
protected to local floodplain standards for critical actions.
No cost overruns will be funded.
This is LPDM-2010, Project 005
Funding Summary:
Local Share:
Federal Share:
Total Project Cost:
Line Item Budaet:
Total Federal Non-Federal
Design $ 70,000.00 $ 52,500.00 $17,500.00
Material $ 730,000.00 $547,500.00 $182.500.00
Labor $ 262,000.00 $150,000.00 $1 12,000.00
Total $1,062,000.00 $750,000.00 $312,000.00
SCHEDULE OF WORK EXAMPLE
Prepare Bid documents
Advertise Request for Bids
Evaluate Bids, Award and Execute Contract
Contractor Engineering Submittals
Permit Application, Review and Issue Permit
Installation
Final Inspection. Punch List, Close-Out
Total duration of Proposed Activity
This award expires June 30,2014
3 Months
1 Month
2 Months
4 Months
4 Months
8 Months
2 Months
24 Months
Attachment B
Program Statutes and Regulations
The parties to this Agreement and the Hazard Mitigation Assistance Programs are generally
governed by the following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) The National Flood lnsurance Act of 1968,42 United States Code 4104c;
(3) The National lnsurance Reform Act of 1994, Public Law 103-325;
(4) The Bunning-Bereuter-Blumenauer Flood lnsurance Reform Act of 2004. Public Law 108-
264:
(5) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 78, 79, 80, 220, and 221, and .any other
applicable FEMA policy memoranda and guidance documents;
(6) All applicable laws and regulations delineated in Attachment C of this Agreement
In addition to the above statutes and regulations, the Recipient must comply with the following:
The Recipient shall fully perform the approved hazard mitigation project, as described in the
Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance
with the approved scope of work indicated therein, the estimate of costs indicated therein, the allocation
of funds indicated therein, and the terms and conditions of this Agreement. The Recipient shall not
deviate from the approved project and the terms and conditions of this Agreement. The Recipient shall
comply with any and all applicable codes and standards in performing work funded under this Agreement,
and shall provide any appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Recipient and any
land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive
plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida
Statutes. Funds shall be expended for, and development activities and land uses authorized for, only
those uses which are permitted under the comprehensive plan and land development regulations. The
Recipient shall be responsible for ensuring that any development permit issued and any development
activity or land use undertaken is, where applicable, also authorized by the Water Management District,
the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game
and Fish Commission, and any federal, state, or local environmental or land use permitting authority,
where required. The Recipient agrees that any repair or construction shall be in accordance with
applicable standards of safety, decency, and sanitation, and in conformity with applicable codes,
specifications and standards.
The Recipient will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the completed work conforms with the approved plans and specifications
and will furnish progress reports and such other information to Hazard Mitigation Assistance Program as
may be required.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project, then the Recipient shall ensure that, as a condition of funding under this Agreement, the owner of
the affected real property shall record in the public records of the county where it is located the following
covenants and restrictions, which shall run with and apply to any property acquired, accepted, or froin
which a structure will be removed pursuant to the project:
1. The property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational, or wetlands management practices;
2. No new structure will be erected on property other than:
(a) a public facility that is open on all sides and functionally related to a
designated open space;
(b) a restroom; or
3. A structure that the Director of the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure;
4. After the date of the acquisition or relocation no application for disaster assistance for any
purpose will be made to any Federal entity and no disaster assistance will be provided for
the property by any Federal source; and
5. If any of these covenants and restrictions is violated by the owner or by some third party
with the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida without further notice to the owner, its successors and assigns, and the owner, its
successors and assigns shall forfeit ail right, title and interest in and to the property.
Contract Manager will evaluate requests for cost overruns and submit to the Regional Director
written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in
44CFR 206.438(b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to the
Recipient's Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the
NEPA process.
As a reminder, the Recipient must obtain prior approval from the State, before implementing
changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments:
1. For construction projects, the grantee must "obtain prior written approval for any budget
revision which result in a need for additional funds" (44 CFR 13 (c));
2. A change in the scope of work must be approved by FEMA in advance regardless of the
budget implications; and
3. The Recipient must notify the State as soon as significant developments become known,
such as delays or adverse conditions that might raise costs or delay completion, or favorable
conditions allowing lower cost or earlier completion. Any extensions of the period of
performance must be submitted to FEMA 60 days prior to the project expiration date.
Additional Requlations
The Recipient assures that it will comply with the following statutes and regulations, to the extent
applicable:
Federal Acquisition Regulations 31.2 and 0931.2
Section 1352, Title 31, US Code
OMB Circulars A-21, A-87, A-I 10,or A-122
Chapter 21 5, Florida Statutes
Chapter 119, Florida Statutes
Americans with Disabilities Act
Section 112.061, Florida Statutes
Immigration and Nationality Act
Section 286.01 1, Florida Statutes
Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
28 CFR applicable to grants and cooperative agreements
42 USC 3789(d) or Victims of Crime Act (as appropriate)
Section 504 of the Rehabilitation Act of 1973, as amended
Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39
Attachment C
Statement of Assurances
To the extent the'following provisions apply to this Agreement, the Recipient certifies that:
(a) It possesses legal authority to enter into this Agreement and to carry out the proposed program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar
action authorizing the execution of the hazard mitigation agreement with the Division of
Emergency Management (DEM), including all understandings and assurances contained in it,
and directing and authorizing the Recipient's chief administrative officer or designee to act in
connection with the application and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall receive any share or part of this Agreement or any benefit. No member, officer, or
employee of the Recipient or its designees or agents, no member of the governing body of the
locality in which the program is situated, and no other public official of the locality or localities who
exercises any functions or responsibilities with respect to the program during his tenure or for one
year after, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds, for work be performed in connection with the program assisted under this Agreement.
The Recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any
interest pursuant to the purpose stated above;
(d) All Recipient contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Recipient for
eligible contract work completed prior to the date the notice of suspension of funding was
received by the Recipient. Any cost incurred after a notice of suspension or termination is
received by the Recipient may not be funded with funds provided under this Agreement unless
previously approved in writing by the Division. All Recipient contracts shall contain provisions for
termination for cause or convenience and shall provide for the method of payment in such event;
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962,40 U.S.C. 327 et seq., requiring
that mechanics and laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one-half times their basic
wage rates for all hours worked in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least the minimum prescribed wage, and also that they be paid one
and one-half times their basic wage rates for all hours worked in excess of the prescribed
work-week.
(f) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant
thereto, which provides that no person in the United States shall on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which the
Recipient receives Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon is
provided or improved with the aid of Federal financial assistance extended to the
Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of
such property, any transferee, For the period during which the real property or structure is
used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the
basis of age or with respect to otherwise qualified handicapped individuals as provided in
Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11 246 as amended by Executive Orders 1 1375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoffltermination, rates of pay or other
forms of compensation; and election for training and apprenticeship;
It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties pursuant to Section 112.313
and Section 1 12.31 35, FS;
It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and
prescribes penalties for "kickbacks" of wages in federally financed or assisted construction
activities;
It will comply with the provisions of 18 USC 594,598, 600-605 (further known as the Hatch Act)
which limits the political activities of employees;
It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for - ~ the receipt of any Federal financial assistance for construction or acquisition purposes for use.in
any area having special flood hazards. The phrase "Federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance;
It will require every building or facility (other than a privately owned residential structure)
designed, constructed, or altered with funds provided under this Agreement to comply with the
"Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6
for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The
Recipient will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor;
It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation
Act of 1966 (U.S.C. 470), Executive Order 11593,24 CFR Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by:
(I) Consulting with the State Historic Preservation Office to identify properties listed
in or eligible for inclusion in the National Register of Historic Places that are
subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity;
and
(2) Complying with all requirements established by the State to avoid or mitigate
adverse effects upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic Agreement Among
the Federal Emergency Management Agency, the Florida State Historic
Preservation Office, the Florida Division of Emergency Management and
the Advisory Council on Historic Preservation, (PA)" which addresses roles
and responsibilities of Federal and State entities in implementing Section 106'of
the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing
regulations in 36 CFR part 800.
(4) When any of the Recipient's projects funded under this Agreement may affect a
historic property, as defined in 36 CFR 800. (2)(e), the Federal Emergency
Management Agency (FEMA) may require the Recipient to review the eligible
scope of work in consultation with the State Historic Preservation Office (SHPO)
and suggest methods of repair or construction that will conform with the
recommended approaches set out in the Secretary of Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992
(Standards), the Secretary of the Interior's Guidelines for Archeological
Documentation (Guidelines) (48 Federal Register 44734-37), or any other
applicable Secretary of Interior standards. If FEMA determines that the eligible
scope of work will not conform with the Standards, the Recipient agrees to
participate in consultations to develop, and, after execution by all parties, to
abide by, a written agreement that establishes mitigation and recondition
measures, including but not limited to, impacts to archeological sites, and the
salvage, storage, and reuse of any significant architectural features that may
otherwise be demolished.
(5) The Recipient agrees to notify FEMA and the Division if any project funded under
this Agreement will involve ground disturbing activities, including, but not limited
to: subsurface disturbance; removal of trees; excavation for footings and
foundations; and installation of utilities (such as water, sewer, storm drains,
electrical, gas, leach lines and septic tanks) except where these activities are
restricted solely to areas previously disturbed by the installation, replacement or
maintenance of such utilities. FEMA will request the SHPO's opinion on the
potential that archeological properties may be present and be affected by such
activities. The SHPO will advise the Recipient on any feasible steps to be
accomplished to avoid any National Register eligible archeological property or
will make recommendations for the development of a treatment plan for the
recovery of archeological data from the property.
if the Recipient is unable to avoid the archeological property, develop, in
consultation with the SHPO, a treatment plan consistent with the Guidelines and
take into account the Advisory Council on Historic Preservation (Council)
publication "Treatment of Archeological Properties". The Recipient shall forward
inforn~ation regarding the treatment plan to FEMA, the SHPO and the Council for
review. If the SHPO and the Council do not object within 15 calendar days of
receipt of the treatment plan, FEMA may direct the Recipient to implement the
treatment plan. If either the Council or the SHPO object, Recipient shall not
proceed with the project until the objection is resolved.
(6) The Recipient shall notify the Division and FEMA as soon as practicable: (a) of
any changes in the approved scope of work for a National Register eligible or
listed property; (b) of all changes to a project that may result in a supplemental
DSR or modify an HMA project for a National Register eligible or listed property;
(c) if it appears that a project funded under this Agreement will affect a previously
unidentified property that may be eligible for inclusion in the National Register or
affect a known historic property in an unanticipated manner. The Recipient
acknowledges that FEMA may require the Recipient to stop construction in the
vicinity of the discovery of a previously unidentified property that may be eligible
for inclusion in the National Register or upon learning that construction may
affect a known historic property in an unanticipated manner. The Recipient
further acknowledges that FEMA may require the Recipient to take all reasonable
measures to avoid or minimize harm to such property until FEMA concludes
consultation with the SHPO. The Recipient also acknowledges that FEMA will
require, and the Recipient shall comply with, modifications to the project scope of
work necessary to implement recommendations to address the project and the
property.
(7) The Recipient acknowledges that, unless FEMA specifically stipulates otherwise,
il shall not receive funding for projecls when, with intent to avoid the
requirements of the PA or the NHPA, the Recipient intentionally and significantly
adversely affects a historic property, or having the legal power to prevent it,
allowed such significant adverse affect to occur.
(m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-
1683 and 1685 - 1686) which prohibits discrimination on the basis of sex;
It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which
prohibits the use of lead based paint in construction of rehabilitation or residential structures;
It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422),
and the provisions of the State Energy Conservation Plan adopted pursuant thereto;
It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to
the care, handling, and treatment of warm blooded animals held for research, teaching, or other
activities supported by an award of assistance under this agreement;
It will comply with Title Vlll of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as
amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of
the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race,
color or nation origin;
It will comply with the Clean Air Act of 1955, as amended, 42 U.S;C:7401-7642;
It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626;
It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544;
It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
It will assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966, as amended, 16 U.S.C. 270;
It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969,42 U.S.C. 4321-4347;
It will assist the awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq;
It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974,42 U.S.C. 300f-300j, regarding the protection of underground water
sources;
It will comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970.42 U.S.C. 4621-4638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs;
It will co~nply with Ihe Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to
protecting components or potential components of the national wild and scenic rivers system;
It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898
(Environmental Justice);
It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
(gg) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972, 16 U.S.C. 1451-1464; and
(hh) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
(ii) With respect to demolition activities, it will:
1. Create and make available documentation sufficient to demonstrate that the Recipient
and its demolition contractor have sufficient manpower and equipment to comply with the
obligations as outlined in this Agreement.
2. Return the property to its natural state as though no improvements had ever been
contained thereon.
3. Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspect buildings located in the Recipient's jurisdiction to detect the presence of asbestos
and lead in accordance with requirements of the U.S. Environmental Protection Agency,
the Florida Department of Environmental Protection and the County Health Department.
4. Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazards Present
b. Health Hazards Present
c. Hazardous Materials Present
5. Provide supervision over contractors or employees employed by the Recipient to remove
asbestos and lead from demolished or otherwise applicable structures.
6. Leave the demolished site clean, level and free of debris.
7. Notify the Division promptly of any unusual existing condition which hampers the
contractor's work.
8. Obtain all required permits.
9. Provide addresses and marked maps for each site where water wells and septic tanks
are to be closed along with the number of wells and septic tanks located on each site.
Provide documentation of closures.
10. Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State Energy Conservation Plan issued in compliance with the Energy
Policy and Conservation Act (Public Law 94-163).
11. Comply with all applicable standards, orders, or requirements issued under Section 112
and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33
U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency
regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts.
12. Provide documentation of public notices for demolition activities.
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
LEGISLATURE PRE-DISASTER MITIGATION
RECIPIENT NAME:
ADDRESS:
CITY, STATE, ZIP CODE:
PAYMENT No: DEM Agreement Noi12DM-5J-11-23-02-
FEMA Tracking Numbers: Invoice Period: to
TOTAL CURRENT REQUEST $
I certify that to the best of my knowledge and belief the above accounts are correct, and that all
disbursements were made in accordance with all conditions of the Division agreement and payment is
due and has not been previously requested for these amounts.
RECIPIENT SIGNATURE
NAME AND TITLE DATE:
Eligible
Amount
100%
TO BE COMPLETED BY DIVISION OF EMERGENCY MANAGEMENT
APPROVED PROJECT TOTAL $
ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT $
DATE
Obligated
Federal
70.6215%
-
---
Previous
Payments
Obligated
Non-Federal
29.3785%
Current
Request
DEM Use Only
Approved Comments
Attachment D
(continued)
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
LEGISLATURE PRE-DISASTER MITIGATION PROGRAM
Applicant: Disaster No.
DEM Agreement No: 12DM-5J-11-23-02-
FEMA Tracking # LPDM-PJ-04-fl-2010-005
Applicant's
Eligible Costs
100%
Applicant's
Reference No.
(Warrant, Voucher,
Claim Check, or
Schedule No.)
TOTAL
Date of delivery
of articles,
completion of
work or
performance
services.
DOCUMENTATION
List Documentation (Applicant's payroll, material out of
applicant's stock, applicant owned equipment and name
of vendor or contractor) by category and line item in the
approved project application and give a brief description
of the articles or services.
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below, if ou are requesting an advance. If an advance payment is
requested, budget data on which the request is iased must be submitted. Any advance payment under this
Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed
the expected cash needs of the rec~pient w~thin the Initial three months.
U NO ADVANCE REQUESTED
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is required.
U ADVANCEREQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate forms
and purchase start-up supplies and equipment. We would not be
able to operate the program without this advance.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet.
I (Divide line 2 by line 1.)
1 Firbt three months expenditures need only be provided for the years in which you requested an
I I
advance. If you do not have this information, call your consultant and they will assist you.
(Dl
Total
1
2
3
MAXIMUM ADVANCE ALLOWED CALULATION:
(C)
FFY
2013-2014
INITIAL CONTRACT ALLOCATION
FIRST THREE MONTHS CONTRACT
EXPENDITURES'
AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
x $ - -
Cell D3 HMA Award MAXIMUM
(Do not include match) ADVANCE
(B)
FFY
2012-2013 DESCRIPTION
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
(A)
FFY
201 1-2012
U Reci~ient has no previous HMGP contract history. Complete Estimated Expenses chart
and xplanation of Circumstances below.
U Recipient has exce tional circumstances that require an advance greater than the Maximum
Advance calculatecfabove. Complete estimated expenses chart and Explanation of Circumstances
below. Attach additional pages if needed.
ESTIMATED EXPENSES
Explanation of Circumstances:
BUDGET CATEGORY
ADMINISTRATIVE COSTS
PROGRAM EXPENSES
TOTAL EXPENSES
201 1-2012
Anticipated Expenditures for First Three Months of
Contract
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
LEGISLATURE PRE-DISASTER MITIGATION PROGRAM
QUARTERLY REPORT FORM
RECIPIENT: Project Number #: LPDM-PJ-04-fl-2010-005
PROJECT LOCATION DEM ID #: 12DM-5J-I 1-23-02-
DISASTER NUMBER: QUARTERENDING:
Provide amount of advance funds disbursed for period (if applicable) $
Provide reimbursement projections for this project:
July-Sep, 20 $ Oct-Dec, 20 $ Jan-Mar, 20 $ Apr-June, 20 $
July-Sep, 20 $ Oct-Dec, 20 $ Jan-Mar, 20 $ Apr-June, 20 $
Percentage of Work Completed (may be confirmed by state inspectors): %
Project Proceeding on Schedule: [I Yes [I No
Describe milestones achieved during this quarter:
Provide a schedule for the remainder of work to project completion:
Describe problems or circumstances affecting completion date, milestones, scope of work, and cost:
Cost Status: [I Cost Unchanged L] Under Budget [A Over Budget
Additional CommentslElaboration:
NOTE: Division of Emergency Management (DEM) staff may perform interim inspections andlor audits at
any time. Events may occur between quarterly reports, which have significant impact upon your
project(s), such as anticipated overruns, changes in scope of work, etc. Please contact the Division as
soon as these conditions become known, othe~wise you may be found non-compliant with your subgrant
award.
Name and Phone Number of Person Completing This Form
Attachment G
Warranties and Representations
Financial Manaaement
The Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all such assets and assure that they are used solely for authorized purposes.
(4) comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Com~etition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids andlor requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors, Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
Codes of conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open For business, with the entrance door open to the public, and at
least one employee on site, from 8:00 a.m. to 500 p.m., local time, Monday through Friday.
Licensinq and Permittinq
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
Attachment H
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
CONTRACTOR:
Signature
Name and Title
Street Address
City, State, Zip
Date
Recipient's Name
Division Contract Number
EXHIBIT 2
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA, AND
MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC. REGARDING MOUNT
SINAI'S INSTALLATION OF A GENERATOR, FUEL TANK, AND TRANSFER
SWITCHES AT ITS GUMENICK AMBULATORY SURGICAL CENTER
PURSUANT TO STATE CONTRACT NUMBER 12DM-5J-11-23-02
This Memorandum of Understanding (the Agreement) is made and executed on this
day 201 1 (Effective Date), between the City of Miami Beach, a municipal
corporation of the State of Florida whose address is 1700 Convention Center Drive, Miami
Beach, Florida 33139 (City), and Mount Sinai Medical Center of Florida, Inc., a Florida non-
profit corporation with its principal address at 4300 Alton Road, Miami Beach Florida, 33140
(Mount Sinai or Hospital).
RECITALS
Whereas, the City, on behalf of the Hospital, proposes to enter into Contract Number,
12DM-5J-11-23-02 ("State Contract") with the State of Florida, Division of Emergency -
Management (DEM), which is attached and incorporated as Exhibit "1" hereto; and
Whereas, the State Contract requires the completion of FEMA Project No.: LPDM-PJ-
04-FL-2010-005, which includes the installation of a generator, fuel tank, and transfer switches
at the Hospital's Gumenick Ambulatory Surgical Center, which scope of work is more
specifically described in Attachment "A" to the State Contract (said Scope of Work may also be
collectively referred to herein as the "Project"); and
Whereas, at its regular meeting on October 19, 201 1, the Mayor and City Commission
approved Resolution No. (attached and incorporated as Exhibit "2" hereto),
which authorized the City to enter into the State Contract on behalf of the Hospital, subject
further to the terms and conditions of this Agreement; and
Whereas, the Hospital will be undertaking the scope of work under the State Contract,
subject to the terms and conditions of said Contract, and subject further to this Agreement; and
Whereas, the Hospital acknowledges and agrees that, but for the fact that the Hospital
needs to prosecute and complete the aforestated scope of work for the betterment of its facility,
and but for the fact that the City, and not the Hospital, is an eligible party that can enter into the
State Contract on behalf of the Hospital, the City would not otherwise be entering into said
Contract; and
Whereas, accordingly, the City and Hospital wish to enter into this Agreement for the
express purpose of the Hospital indemnifying, holding harmless, and otherwise assuming, on
behalf of the City, any liability that the City may have as a result of the Hospital's failure to
prosecute and complete any work required under the State Contract, or as a result of the
Hospital's failure to comply, on behalf of the City, with any term or condition of the State
Contract, as if the Hospital itself were a party thereto (instead of the City).
Page 1 of 5
NOW THEREFORE, in consideration of the conditions and covenants hereinafter contained, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1 Recitals. The foregoing recitals are hereby acknowledged as true and correct, and are
incorporated herein by reference.
2 Purpose. The purpose of this Agreement is to ensure the Hospital's compliance with all
requirements under the State Contract, and to ensure that the Hospital, and not the City, shall be
the ultimate party respoilsible for complying with the terms and conditions of the State Contract.
Accordingly, the Hospital hereby agrees to be fully responsible and liable for any act or omission
under the State Contract, as if the Hospital - and not the City - were a party thereto.
3 Hospital's Obligations.
a) The Hospital shall be solely responsible for, and shall assume all cost, work, and
liabilities associated in any way with, or pertaining to, the Scope of Work contemplated under
the State Contract (as such Scope of Work is referenced in Attachment "A" to the State
Contract). Notwithstanding the preceding, and without limitation, the Hospital shall also
assume, and be solely responsible for complying with, any and all other requirements and/or
obligations of the City under the State Contract. Accordingly, the Hospital herein agrees, and
warrants and represents to the City, that it shall be bound by the terms of the State Contract as if
it were a party thereto (instead of the City), and that it shall at all times comply with all terms,
conditions, and any other requirements, duties, and/or obligations imposed upon the City under
the State Contract, so as to at all times maintain the City in good standing and free from default
under said Contract.
b) The Hospital agrees to be bound by all applicable State and federal laws and
regulations.
c) The Hospital agrees, at its sole cost and expense, to transmit any necessary reporting
documents to the City, as same may be required by the City in order to comply with any
reporting and or other requirements under the State Contract, within five (5) business days prior
to any reporting (or other) deadlines. The Hospital shall document, in quarterly reports and a
close-out report, its progress in performing and completing the Scope of Work (and any other
required milestones) under the State Contract. The Hospital shall retain sufficient records for an
audit.
d) The Hospital shall provide a written statement as to whether it is a minority vendor, as
defined in Section 288.703, Fla. Statutes and as required under the State contract.
e) The Hospital shall provide the Certification Regarding Debarment, Suspension and
Ineligibility and Voluntary Exclusion Form, as required under the State Contract.
f) The Hospital shall comply with the requirements of the Budget and Scope of Work (as
described in Attachment "A" to the State Contract) regarding the requirement of matching funds.
The Hospital acknowledges that the Project contemplated under the Scope of Work requires a
Page 2 of 5
non-federal match, in the amount of $3 12,000, and agrees to contribute the required non-federal
match, in the amount of $3 12,000, to this Project. The Hospital further acknowledges and agrees
that this non-federal match ("Local Share") will not be reimbursed.
g) The Hospital shall transmit to the City, within five (5) business days prior to the
deadlines in the State Contract, and with such supporting documentation, and in such manner as
may be reasonably requested by the City, in its reasonable discretion and judgment, the required
Request for Rei~nburseillents ("RFR's"), which include proof of the Hospital's paynent of
Project expenses, in the amount of $1,062,000 (which amount includes the State Contract funds,
in an amount not to exceed $750,000, and the Hospital's required Local Share, in the amount of
$3 12,000).
h) The Hospital acknowledges that the City will receive reimbursement funding pursuant
to the State Contract, through a FEMA Pre-Disaster Mitigation Program. The City agrees to
submit the RFR's to the State of Florida and, if approved by the State, to accept payment from
the State on behalf of the Hospital, in an amount determined by the State but not to exceed
$750,000. Notwithstanding the preceding, or any other term or condition of this Memorandum
of Understanding or the State Contract, the City shall have no liability to the Hospital or to third
parties (including, without limitation, any contractors or subcontractors retained by the Hospital
to prosecute the Scope of Work), for any costs or payments as a result of any RFR'S which are
not approved and/or disallowed by the State.
i) Notwithstanding subsection (h) above, if DEM, upon subsequent review or audit, finds
any disallowed and/or unapproved costs of the Project, which will not be reimbursed, or if funds
for the Project are not received fiom the State, then the Hospital shall immediately reimburse to the
City any and all such disallowed and/or unapproved costs previously provided by the City.
j) The Hospital shall own, maintain and repair the generator, fuel tank, and transfer
switches and shall follow procurement procedures approved by the State DEM.
4 Indemnification.
The Hospital shall fully indemnify and hold the City and its respective officers, employees,
agents, contractors, instrumentalities, and assigns, harmless from any and all liability, losses or
damages, including attorneys' fees and costs of defense, which the Hospital, and/or its respective
officers, employees, agents, contractors, instrumentalities and assigns,' may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of,
relating to, or resulting from the State Contract and/or this Agreement. The Hospital shall hold
the State of Florida, Division of Emergency Management harmless against all claims of whatever
nature arising out of the performance of work under the Scope of Work and this Agreement, to
the extent allowed and required by law.
Further, the Hospital agrees and acknowledges that, but for the Hospital's need to prosecute and
complete the Scope of Work contemplated under the State Contract for the continued
maintenance, preservation and improvement of the its facility, and but for the City being the only
eligible party that can enter into the State Contract, that the City would not otherwise be entering
Page 3 of 5
179
into the State Contract, and is doing so for the sole and express purpose of assisting the Hospital
and for the Hospital's sole benefit.
Accordingly, and in addition to (and without limiting) the indemnification provision in the
preceding paragraph, the Hospital shall fully indemnify, defend and hold harmless the City of
Miami Beach, and its officials, employees, agents, contractors, successors and assigns (the "City
Indemnitees"), from and against all liabilities, obligations, losses, damages, penalties, claims,
actions, costs, charges, subrogations, and expenses (including, without limitation, reasoilable
legal and other professional fees and expenses) which may be imposed upon, or incurred by, or
asserted against the City Indemnitees (collectively, the "Damages"), or any of them, by reason of
actual or alleged (1) injury or death to persons (including, without limitation, one or more of the
City Indemnitees or of the Hospital and/or its officers, directors, employees, contractors, agents,
successors or assigns, or of any other third parties); or (2) damage to the property of any person
or legal entity (including, without limitation, the property of one or more of the City
Indemnitees, or of the Hospital and/or its officers, directors, employees, contractors, agents,
successors or assigns, or of any other third parties); and/or (3) any monetary losses which may be
sustained by any of the City Indemnitees; all, as referenced in the aforestated subsections,
subsections (1) - (3), as a direct or proximate cause, resulting from, or arising fiom any act or . .
omission, and /or any work, services, and/or other obligations performed and/or otherwise
provided and/or improved by virtue of the Hospital's agreement herein to perform and/or provide
any and all of the City's obligations as a party to the State Contract. Notwithstanding the
specific language of this paragraph, nothing in this paragraph shall in any way serve as an
indemnification, duty to defend or hold harmless by the Hospital against any gross negligence or
willful misconduct by any of the City Indemnitees.
Notwithstanding anything contained in this Agreement, any and each of the Hospital's
obligations to indemnify, defend or hold harmless the City or the City Indemnitees shall be
subject to the City's obligation to act in good faith regarding the State contract and the Project.
The provisions of this Section 4 shall survive termination or expiration of this Agreement, and of
the State Contract.
5 Severability
In the event any paragraph, clause .or sentence of this Agreement or any future amendment is
declared invalid by a court of competent jurisdiction, such paragraph, clause or sentence shall be
stricken from the subject Agreement and the balance of the Agreement shall not be affected by the
deletion, provided to do so would not render interpretation of the Agreement provisions
ambiguous or a nullity.
6 Notice
Any notices to be given hereunder shall be in writing and shall be deemed to have been given if
sent by hand delivery or recognized overnight courier (such as Federal Express), or if by certified
U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the
place specified. For the present, the parties designate the following as the respective places for
notice purposes, which includes electronic mail address as indicated for copies of notices given.
Page 4 of 5
180
If to the Hospital
If to the City
Amy Perry, Senior Vice President and Chief Operating Officer
4300 Alton Road - 5 Warner
Miami Beach, Florida 33 13 9
Amy.peny@msmc.com
Jorge M. Gonzalez, City Manager
1700 Convention Center Drive
Miami Beach, Florida 33 139
7. Compliance with Federal, State, and Local Law
All parties hereby agree that they shall comply with all applicable Federal, State, Miami-Dade,
and City laws, ordinances and codes, including the Americans with Disabilities Act, as they
apply to this Agreement.
8. Entire Agreement
This Agreement and its Exhibits represent the entire agreement between the parties. It is fbrther *.
understood, and agreed to and acknowledged by Hospital, that - notwithstanding and Event of ,
Default under the State Contract which, if incurred, results in termination of such contract, the
Hospital's liability to the City, and to the City Lndernnitees, and to any other third parties shall
not in any way be limited or affected by same.
IN WITNESS WHEREOF, the City and Hospital have caused this Agreement to be executed by
their respective and duly authorized officers the day and year indicated above.
CITY:
CITY OF MIAMI BEACH
HOSPITAL:
MOUNT SINAI MEDICAL
CENTER OF FLORIDA, INC.
By:
ATTEST:
By:
~obert Parcher
City Clerk
Secretary
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Page 5 of 5
181
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The City Manager, Pursuant to Request For Qualifications (RFQ) No. 30-1 011 1, For
Constructability, Cost, And Value Engineering Services; Authorizing The Administration To Enter Into Negotiations
With The Four Top-Ranked Firms, Atkins North America, Inc. (Formerly PBS&J), Construction Management Services,
Inc., Craven Thompson & Associates, Inc., And U.S. Cost, Inc.; And Further Authorizing The Mayor And City Clerk To
Execute Agreements Upon Successful Completion Of Negotiations By The Administration.
Key Intended Outcome Supported: I Ensure well-maintained infrastructure
Supporting Data (Surveys, Environmental Scan, etc.):
I The 2007 Communitv Satisfaction Survev noted 82% of North Beach residents rated recent capital projects I . - 1 completed as "excelleht" or "good" cornpar& to 89% of residents citywide. I
Issue: I Shall the Mayor and City Commission adopt the Resolution? I
Item SummarylRecommendation:
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. The scope of services consists of the following, but not limited to providing:
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.
RFQ No. 30-1011 1 was issued on July 1, 201 1, with an opening date of August 3, 201 1. The pre-qualification
conference was held on July 14, 201 1. Bidsync issued bid notices to 5,364 prospective bidders with 52 having viewed
the notice of which resulted in the receipt of twelve (12) bids.
On October 10, 201 1, the Committee discussed their individual perceptions of each firm's qualifications, experience,
and competence in order to score and rank each accordingly to develop its recommendation to the City Manager. The
Committee agreed to recommend a pool of vendors with ample right-of-way construction experience and the ability to
evaluate actual market prices, identify potential increases or decreases in costs in order to make recommendations to
the City regarding changes to project specifications to minimize potential change orders andlor recommend alternate
products to reduce cost. As a result, the Committee recommended that the top four firms be considered for award.
After considering the review and recommendation of the Evaluation Committee, the City Manager exercised his due
diligence and recommends to the Mayor and City Commission to adopt the attached resolution authorizing the
Administration to enter into negotiations with the four top-ranked firms, Atkins North America, Inc. (formerly PBS&J),
Construction Management Services, Inc., Craven Thompson & Associates, Inc., and U.S. Cost, Inc.; and authorizing
the Mayor and City Clerk to execute agreements upon successful completion of negotiations by the Administration.
I THE ADMINISTRATION RECOMENDS ADOPTING THE RESOLUTION I
Advisory Board Recommendation:
I
Financial Information:
Source of Amount Account Approved
Funds: I NIA
Total
AGENDnlTEM 55~
DATE /o-L?-//
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 19,201 1 w' SUBJECT: A RESOLUTION OF THE MAYOR AN ClTY COMMISSION OF THE ClTY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ClTY MANAGER,
PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 30-10111, FOR A
CONSTRUCTABILITY, COST, AND VALUE ENGINEERING SERVICES; AUTHORIZING
THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE FOUR TOP-RANKED
FIRMS, ATKINS NORTH AMERICA, INC. (FORMERLY PBS&J), CONSTRUCTION
MANAGEMENT SERVICES, INC., CRAVEN THOMPSON & ASSOCIATES, INC., AND U.S.
COST, INC.; AND FURTHER AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE
AGREEMENTS UPON SUCCESSFUL COMPLETION OF NEGOTIATIONS BY THE
ADMINISTRATION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
Ensure well-maintained infrastructure.
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 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.
Commission Memorandum - RFQ 30-10/11 - Constructability, Cost, and Value Engineering
Re view Services
October 19, 201 1
Page 2 of 6
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 may have to
share these identified savings with the contractor. If this review is done prior to issuance of the
ITB, without incurring contractor's driven cost, 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 discussions and 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 any
Invitation to Bid (ITB).
The proposed quality control enhancements would utilize construction industry professionals, as
needed, during various phases of a project to include, but not be limited to the following:
Provide construction cost estimates;
Perform Constructability reviews;
Identify value engineering alternatives;
Review pricing on bid submittals and provide overall input on construction quality control
issues.
The involvement of independent industry professionals during the design process would
properly address:
The residents' needs;
Review alternate construction means and methods;
e Establish quality assurancelquality control procedures;
Provide comprehensive peer review of construction documents to identify design
deficiencies;
ldentify potential value engineering alternatives and establish accurate project timelines,
which will allow the City to more precisely identify capital budget requirements;
Accurately identify the monetary requirements for construction which would allow 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 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
Commission Memorandum - RFQ 30-1 0/11 - Constructability, Cost, and Value Engineering
Review Services
October 19, 201 1
Page 3 of 6
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.
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.
RFQ PROCESS
RFQ No. 30-1011 1 was issued on July 1, 201 1, with an opening date of August 3, 201 1. The
pre-qualification conference was held on July 14, 201 1. During the pre-qualification conference,
prospective bidders were instructed on the procurement process and the information their
respective proposals should contain.
Bidsync issued bid notices to 5,364 prospective bidders with 52 having viewed the notice of
which resulted in the receipt of the following twelve (1 2) bids:
Atkins North America, Inc. (formerly PBS&J)
Azulejo, Inc.
CMS - Construction Management Services, Inc.
Craven Thompson & Associates, Inc.
EAC Consulting, Inc.
Grycon, LLC
The Melvin Group, LLC
Pillar Consultants, Inc.
Bart Reines Construction, Inc.
Ric-Man Construction Florida, Inc.
U.S. Cost, Inc.
Willis Construction Consulting, Inc.
Commission Memorandum - RFQ 30-10/11 - Constructability, Cost, and Value Engineering
Review Services
October 19, 20 I I
Page 4 of 6
The City Manager, via a Letter to Commission (LTC) No. 251-201 1, appointed an Evaluation
Committee (Committee) consisting of the following individuals:
Max Berney - Resident and Leadership Academy Graduate
Alfred DeSimone - Resident and Leadership Academy Graduate
Elizabeth Estevez - Engineering Assistant I, Public Works Department
Jeanette Fernandez-Arencibia - Capital Projects Coordinator, CIP Office
Jose Perez - Capital Projects Coordinator, CIP Office
Herman Fung, CIP Construction Manager, was also appointed as a Committee alternate.
EVALUATION PROCESS
On October 10, 201 1, the Committee convened to score and rank the proposals received and
nominated Elizabeth Estevez as Committee Chair. In determining the most qualified firms, the
Committee discussed each firm's proposal based on the criteria noted in the RFQ below:
f"3s*i;~&n&j f,
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10
10
10
5
5
5
5
5
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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.
The experience, qualifications and portfolio of the Principal Firm
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.
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.
Willingness to meet time and budget requirements as demonstrated by past
performance, methodology and approach
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.
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.
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.
Commission Memorandum - RFQ 30- 10/11 - Constructability, Cost, and Value Engineering
Review Services
October 19, 201 1
Page 5 of 6
The Committee discussed their individual perceptions of each firm's qualifications, experience,
and competence in order to score and rank each accordingly to develop its recommendation to
the City Manager. During the meeting, The Committee agreed to recommend a pool of vendors
with ample right-of-way construction experience and the ability to evaluate actual market prices,
identify potential increases or decreases in costs in order to make recommendations to the City
regarding changes to project specifications to minimize potential change orders andlor
recommend alternate products to reduce cost. As a result, the Committee recommended that
the top four firms be considered for award as noted below:
Atkins North America, Inc. (formerly PBS&J)
Atkins North America, Inc. (formerly PBS&J) has been providing estimating and construction
management services to South Florida municipalities for almost 15 years. Notable projects
include providing estimating services for the renovation of the Scott Rakow Youth Center and
value engineering JOC projects for the City of Miami. Their Project Manager, Juan Alfonso, has
over 14 years of planning, design, and construction administration experience which includes
constructability reviews, cost estimating, and value engineering reviews. Notable projects
include various constructability reviews for Miami-Dade Public Schools and the Port of Miami,
cost estimating for the new Florida Marlins parking garage, and construction management of the
Bentley Bay Condominiums in Miami Beach.
Construction Management Services, Inc.
Construction Management Services, Inc. has been providing estimating and construction
management services to South Florida municipalities €or almost 35 years. Notable projects
include cost estimating services for Fort Lauderdale-Hollywood International Airport, Normandy
Shores Golf Clubhouse, and constructability reviews for the School Board of Broward County.
Their Project Manager, Keith Emery, has over 40 years of experience. Notable projects include
providing construction management services for several facilities for the City of Tamarac and
providing cost services for the City of Miami Beach at South Pointe Park, loth Street Auditorium,
Miami Beach Patrol Headquarters, and right-of-way projects on Indian Creek Drive.
Commission Memorandum - RFQ 30- 10/11 - Constructability, Cost, and Value Engineering
Review Services
October 19, 20 1 1
Page 6 of 6
Craven Thompson & Associates. Inc.
Craven Thompson & Associates, Inc. has been providing estimating and construction
management services to South Florida municipalities for almost 50 years. Notable projects
include quality control on various Miami Beach CIP projects including Biscayne Pointe, South
Pointe Phases 2, 3, 4, and 5, and Bayshore Neighborhoods 8A, 8B, 8C, and 8D. Their Project
Manager, Adolfo A. Gonzalez, P.E., LEED AP, has over 25 years of civil engineering and
construction management experience. Notable projects include being the engineer of record for
the Spangler Boulevard By-Pass Road Phase I improvements Project in Port Everglades,
Stranahan High School in Fort Lauderdale, and the expansion of Calder Casino & Race Course
in Miami Gardens.
U.S. Cost, inc.;
U.S. Cost, Inc. has been providing estimating and construction management services worldwide
for 28 years. Notable projects include cost estimating and value engineering several projects
for the New York City Office of Management and Budget and cost management at Reagan
National Airport and Dulles international Airport in Virginia. Their Project Manager, Augusto
Lizarazo, has over 16 years of constructability, cost estimating, and value engineering reviewing
experience. Notable projects include constructability reviews for the Miami lntermodal Center
Orange Line Phase I and North Terminal Development at Miami International Airport.
CITY MANAGER'S REVIEW
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.
As a result, the City Manager recommends to the Mayor and City Commission to adopt the
attached resolution authorizing the Administration to enter into negotiations with the four top-
ranked firms, Atkins North America, Inc. (formerly PBS&J), Construction Management Services,
Inc., Craven Thompson & Associates, Inc., and U.S. Cost, inc.; and authorizing the Mayor and
City Clerk to execute agreements upon successfui completion of negotiations by the
Administration.
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. 30-10/11, for constructability, cost, and value engineering review
services; and authorizing the Administration to enter into negotiations with the four top-ranked
firms, Atkins North America, Inc. (formerly PBS&J), Construction Management Services, Inc.,
Craven Thompson & Associates, Inc., and U.S. Cost, Inc.; and authorizing the Mayor and City
Clerk to execute agreements upon successful completion of negotiations by the Administration.
T:\AGENDA\2011\10-19-1 I\RFQ 30-10-1 1 - Constructability Cost and VE Services - MEMO.docx
RESOLUTION TO BE SUBMITTED
COMMISSION ITEM SUMMARY
Condensed Title:
1 A Resolution accepting the recommendation of the City Manager pursuant to Request for Qualifications (RFQ) No. 36- 1
10111, for ~esident Project Representative services for Right-of-way Improvements To Neighborhood No. 8
Bayshore (Package E) - Sunset Islands I & II; and authorizing the Administration to enter into negotiations with the
top-ranked firm, Schwebke-Shiskin & Associates, 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, Target
Engineering Group, Inc.
Key Intended Outcome Supported: ,
( Ensure well-maintained infrastructure I
Supporting Data (Surveys, Environmental Scan, etc.):
I The 2007 Community Satisfaction Survey noted 82% of North Beach residents rated recent capital projects I I completed as "excellenP or "good" compared to 89% of residents citywide. I
Issue:
I Shall the Mayor and City Commission adopt the Resolution? I
Item SummarylRecommendation:
I On May 3, 201 1, the City of Miami Beach issued ITB No. 27-1011 1 for construction of right-of-way improvements for I
The RPR shall be a qualified engineering firm that meets 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 the 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.
-
The City Manager, via a Letter to Commission (LTC) No. 237-201 1, appointed an Evaluation Committee (Committee)
which convened to shortlist the proposals received. The Committee reconvened on October 10, 201 1, to score and
rank the shortlisted firms. Upon completion of the presentations and interviews, the Committee discussed their
individual perceptions of each firm's qualifications, experience, and competence in order to score and rank each
accordingly to develop its recommendation to the City Manager.
~a~shore Neighborhood 8E for Sunset Islands 1 & 2. The Mayor and City Commission awarded this ITB to David
Mancini & Sons, Inc. at its July 13, 201 1 meeting. The City is projecting to commence construction by late 201 1 which
provides for neighborhood right-of-way improvements including the installation of water mains, storm water
infrastructure, outfall relining and reconstruction; and milling and resurfacing of existing roadways.
After considering the review and recommendation of the Committee, the City Manager has exercised his due diligence
and carefully considered the specifics of this RFQ process. The Manager and staff feel that it is essential to select a
Consultant that has considerable knowledge and a unique familiarity with the project.
AM1 BEACH
As a result, the Manager recommends that the Mayor and City Commission authorize the Administration to enter into
negotiations to adopt the attached resolution authorizing the Administration to enter into negotiations with Schwebke
Shiskin & Associates, Inc. (SSA), and should the Administration not be able to successfully negotiate an agreement
with SSA, authorizing the Administration to negotiate with Calvin, Giordano & Associates, Inc. (CGA), and should the
Administration not be able to negotiate an agreement with CGA, authorizing the Administration to negotiate an
agreement with Target Engineering Group, Inc. -
Advisory Board Recommendation:
Financial Information:
AGENDA ITEM C7D
ME -AkwL
Approved Source of
Funds:
Total
I
City Clerk's Office Legislative Tracking:
[ Fernando Vasquez Ext. 6399
1
Amount
NIA
Account
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 19,201 1
SUBJECT: A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER,
PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 36-10111, FOR RESIDENT
PROJECT REPRESENTATIVE SERVICES FOR RIGHT-OF-WAY IMPROVEMENTS TO
NEIGHBORHOOD NO. 8 BAYSHORE (PACKAGE E) - SUNSET ISLANDS I & II; AND
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WlTH THE TOP-
RANKED FIRM, SCHWEBKE-SHISKIN & ASSOCIATES, 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 TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN
AGREEMENT WlTH THE THIRD-RANKED FIRM, TARGET ENGINEERING GROUP, INC.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
Ensure well-maintained infrastructure.
ANALYSIS
In order to ensure a high level of quality control and oversight during construction of the project,
the City desires to contract with an independent firm to provide full-time Resident Project
Representative Services (RPR) to observe the construction of the work associated with the
Bayshore Neighborhood (8E) Right-of-way Improvements Project for Sunset Islands I & II.
On May 3, 201 1, the City of Miami Beach issued ITB No. 27-1011 1 for construction of right-of-
way improvements for Bayshore Neighborhood 8E for Sunset Islands I & II. The Mayor and
City Commission awarded this ITB to David Mancini & Sons, Inc. at its July 13, 201 1 meeting.
The City is projecting to commence construction by late 201 1 which provides for neighborhood
right-of-way improvements including the installation of water mains, storm water infrastructure,
outfall relining and reconstruction; and milling and resurfacing of existing roadways.
The RPR shall be a qualified engineering firm that meets 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, the RPR
will conduct onsite observations of the Contractor's work to assist the City in determining if the
Commission Memorandum - RFQ 36-09/10 - RPR Services for Sunset Islands 1 & I1
October 19, 20 11
Page 2 of 10
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 the Contractor. As such, the RPR will not be expected to advise on or suggest
methods of construction to the Contractor.
RPR's services shall be based upon a construction duration period of approximately fourteen
(14) months, including close-out of the project. Construction activities are currently scheduled to
commence in the 4'h quarter of 201 1 with estimated completion in the'l quarter of 201 3.
CITY MANAGER'S REVIEW
Although all the firms interviewed are highly qualified, the Manager and staff feel that it is
essential to select a Consultant that has considerable knowledge and a unique familiarity with
the project. Due to their involvement during the design review process on behalf of the Sunset
Islands I & II Homeowner's Association (HOA), and detailed knowledge of site conditions, and
their experience in the neighborhood, the Manager and staff believe the second-ranked firm,
Schwebke Shiskin & Associates, Inc. is uniquely qualified to provide the professional services
related to Resident Project Representative.
Therefore, 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. As a result, the City Manager recommends to the Mayor and City Commission to
adopt the attached resolution authorizing the Administration to enter into negotiations with
Schwebke Shiskin & Associates, Inc. (SSA), and should the Administration not be able to
successfully negotiate an agreement with SSA, authorizing the Administration to negotiate with
Calvin, Giordano & Associates, Inc. (CGA), and should the Administration not be able to
negotiate an agreement with CGA, authorizing the Administration to negotiate an agreement
with Target Engineering Group, Inc.
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
AIE 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.
Resident's lnformation Meetings: The RPR will be expected to attend and participate in
Resident lnformation Meetings with the City and AIE Consultant for each of the Projects.
Commission Memorandum - RFQ 36-09/10 - RPR Sewices for Sunset Islands 1 & I1
October 19, 20 1 1
Page 3 of 10
Pre-Construction Meeting: The RPR will be expected to attend and participate in the Pre-
Construction Meeting with the City, NE Consultant and Contractor. 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 and participate in weekly
construction project meetings with the City, NE Consultant and Contractor. 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. The RPR shall review weekly meeting minutes
distributed by NE Consultant and 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 Inspections: The RPR shall conduct field inspections on a daily basis throughout the
duration of construction. 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 ME Consultant Site Visits: The RPR will monitor the number of specialty site visits
requested by the Contractor or City and conducted by the NE 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-BuilderTM 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, field
inspections, 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 36-09/10 - RPR Services for Sunset Islands 1 & 11
October 19, 201 1
Page 4 of 10
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: 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-Builderm document management system, labeled by date, time and
location. The RPR will upload all photos to the E-Builderm document management system on a
weekly basis.
Adherence to Contract Documents: The RPR shall review materials and workmanship of the
project and report to the City any deviations from the Contract Documents that may come to the
RPR's attention. The RPR shall determine the acceptability of the work and materials and in
concert with the AIE Consultant (as necessary) and 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 materials' 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 AIE Consultant, 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. The 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-Builderm 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 noncompliance 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 noncompliance 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 Noncompliance 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 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
Commission Memorandum - RFQ 36-09/10 - RPR Services for Sunset Islands I & I1
October 19, 20 1 1
Page 5 of 10
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: The 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 verifying that AIE Consultant is maintaining a Change Order log and uploading
approved Change Orders to the City's E-Builderm 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 Information/Contract Document Clarification (RFldCDCs): 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 A/E Consultant is providing a written response to RFls and CDCs in a timely
matter and that they are processing, logging, and distribute all RFlsICDCs. The RPR will verify
that the AIE Consultant is uploading 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 confirm 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.
Pay Requisitions: The 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 confirm 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.
Equipment Tests and Systems Start-up: The RPR shall be responsible for coordinating various
tests for quality control on the projects and verify that equipment tests and systems start-up are
conducted in the presence of appropriate personnel, and that the Contractor maintainsc
adequate records thereof; and observe, record, and report appropriate details relative to the test
procedures and start-up.
Commission Memorandum - RFQ 36-09/10 - RPR Services for Sunset Islands I & I1
October 19, 201 1
Page 6 of 10
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: The RPR 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 fdllowed:
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, the 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.
Quality Control: The RPR will review and monitor the Contractor's 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.
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 a 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.
Commission Memorandum - RFQ 36-09/10 - RPR Services for Sunset Islands I & I1
October 19, 201 1
Page 7of 10
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 or as mandated by the service agency.
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 with 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-throughn inspection of the Work. The RPR shall attend and participate in the
substantial completion "walk-throughJ', perform a substantial completion inspection with the
Contractor, NE Consultant and the City, and prepare a punch list that describes items
remaining to be completed. This 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 with 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-throughJJ inspection of the Work. The RPR shall attend and participate in
the Final Completion "walk-through" and perform a Final Completion inspection with the
Contractor, NE Consultant and the City. If the work is determined to be incomplete, the 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. The 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 NE 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 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. It is intended
that the RPR will be responsible for providing final certifications based on the entire scope of
work for the project.
RFQ PROCESS
RFQ No. 36-0911 0 was issued on July 1, 201 1, with an opening date of August 4, 201 1. The
pre-qualification conference was held on July 14, 201 1. During the pre-qualification conference,
prospective bidders were instructed on the:procurement process and the information their
respective proposals should contain.
Bidsync issued bid notices to 6,943 prospective bidders with 63 having viewed the notice of
which resulted in the receipt of the following thirteen (1 3) bids:
A&P Consulting Transportation Engineers, Corp.
Architeknics, Inc.
Bermello Ajamil & Partners, Inc.
Calvin, Giordano & Associates, Inc.
C.A.P. Engineering, Inc.
CES Consultants, Inc.
Commission Memorandum - RFQ 36-09/10 - RPR Services for Sunset Islands 1 & I1
October 19, 20 1 1
Page 8 of 10
ClMA Engineering Corp.
Craven Thompson & Associates, Inc.
New Millennium Engineering, Inc.
Robayna and Associates, Inc.
Schwebke-Shiskin & Associates, Inc.
Target Engineering Group, Inc.
Wolfberg Alvarez & Partners
The City Manager, via a Letter to Commission (LTC) No. 237-201 1, appointed an Evaluation
Committee (Committee) consisting of the following individuals:
Mike Alvarez - Infrastructure Division Director, Public Works
Elizabeth Camargo - Capital Improvements Projects Oversight Committee Member
Maria Hernandez - Senior Capital Projects Coordinator, CIP Office
Elisa lglesias - Capital Projects Coordinator, CIP Office
Michael Laas - Resident and Leadership Academy Graduate
+.
EVALUATION PROCESS
On October 4, 201 1, the Committee convened to shortlist the proposals received and nominated
Maria Hernandez as Committee Chair. In determining the most qualified firms, the Committee
discussed each firm's proposal based on the criteria noted in the RFQ below:
n does not violate the principle of selection of the
The Committee discussed their individual perceptions of each prospective firm's qualifications,
experience, and competence to shortlist the following firms:
A&P Consulting Transportation Engineers, Corp.
Bermello Ajamil & Partners, Inc.
Calvin, Giordano & Associates, Inc.
CES Consultants, Inc.
Commission Memorandum - RFQ 36-09/10 - RPR Services for Sunset lslands 1 & I1
October 19, 201 1
Page 9 of 10
Schwebke-Shiskin & Associates, Inc.
Target Engineering Group, Inc.
The Committee reconvened on October 10, 201 1, to score and rank the shortlisted firms. Upon
completion of the presentations and interviews, the Committee discussed their individual
perceptions of each firm's qualifications, experience, and competence in order to score and rank
each accordingly to develop its recommendation to the City Manager. As a result, Calvin
Giordano & Associates, Inc. received four of five first-place votes as the top-ranked firm as
noted below:
Calvin Giordano & Associates. Inc.
Calvin Giordano & Associates, Inc. has over 75 years of experience in civil and traffic
engineering, construction management services and inspection, transportation planning, and
urban design. Notable projects include the Community Enhancement Project, Phases 1, 2 & 3 in
Bay Harbour Islands and the Atlantic lsles roadway and Utility Improvements in Sunny lsles
Beach, and the Stormwater Master Plan in Surfside, Florida. Their Project Manager, Robert
McSweeney, PE has over 12 years of experience having provided construction administration
services on large-scale projects such as milling and resurfacing of the Palmetto Expressway
and several neighborhood improvement projects in Deerfield Beach, Fort Lauderdale, and
Pompano Beach.
Schwebke-Shiskin & Associates, Inc.
Schwebke-Shiskin & Associates, Inc. has over 50 years of experience in the design and
construction of infrastructure improvements in both private and public sectors throughout Miami-
Dade, Broward, Palm Beach and Monroe counties. The firm specializes in Land Surveying,
, Civil Engineering and Land Planning. Notable projects include the re-construction of 6h Sjtreet
from Lenox Avenue to Alton Road and Lenox Avenue from 5th Street to 6'h Street in the City of
Miami Beach, the private development of Fifth and Alton - a 5 story vertical mall composed of
248,000 square feet of retail and a supporting 1,081 parking stall garage in the City of Miami
Beach, and West 44'h Street - a drainage improvement project along West 44th Street from
Royal Pam Avenue to Biscayne Bay in the City of Miami Beach. The Project Manager, Luis
Leon, PE has been with the firm since 1996 and is actively engaged in the design of Stormwater
- Management Systems, Water and Wastewater Facilities, Roadways, drainage improvements
and land development for various projects throughout South Florida.
Commission Memorandum - RFQ 36-09/10 - RPR Services for Sunset lslands I & I1
October 19, 201 1
Page 10 of 10
Taraet Enqineerinn Grou~, Inc.
Target Engineering Group, Inc. has been providing professional engineering services in
construction management and inspections to a diverse group of state agencies and public
clients throughout the state of Florida. Notable projects include the East Blue Heron 1 SR AIA
enhancement project for the City of Riviera Beach in conjunction with the Florida Dept. of
Transportation, The City of Miami Neighborhood lmprovements for the City of Miami and the
State Road 845 Powerline Road project in Pompano Beach for the State of Florida Department
of Transportation, District Four. The Project Manager, Ms. Sara Duffoo, PE, LEED AP has over
20 years of Civil Engineering experience specifically in Construction Engineering and Inspection
(CEI).
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. 36-1011 1, for Resident Project Representative Services for Right-Of-
Way lmprovements To Neighborhood No. 8 Bayshore (Package E) - Sunset Islands I & II; and
authorizing the Administration to enter into negotiations with the top-ranked firm, Schwebke-
Shiskin & Associates, 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, Target Engineering Group, Inc.
T:\AGENDA\201 l\October 1 S\Consent\RFQ 36-1 0-1 1 - RPR Services for Sunset I & II - MEMO.docx
RESOLUTION TO BE SUBMITTED
COMMISSION ITEM SUMMARY
Condensed 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. 40-1011 1, For
A Construction Manager At Risk Firm To Provide Pre-Construction Services And Construction Phase
Services Via A Guaranteed Maximum Price (GMP) Amendment For The 6th And 53' Street Restrooms
Project; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Firm, Thornton
Construction Company, 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, D. Stephenson Construction, Inc.; And Further Authorizing The Mayor And City Clerk To
Execute An Agreement For Pre-Construction Services.
Key Intended Outcome Supported:
Ensure well-maintained infrastructure
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey I indicated that 79% of businesses rated recently completed capital improvement projects as "excellent* or (
Issue: I Shall the Mayor and City Commission adopt the Resolution? I
RFQ No. 40-10111 was issued on July 18, 2011, with a due date of August 8, 2011. A pre-proposal
conference to provide information to the firms submitting a response was held on July 25, 201 1. Four
addendums were issued to respond to proposer's questions, thus extending the due date to August 12,
2011.
Item SummarylRecommendation:
BidNet issued bid notices to 211 prospective proposers, BidSync (formerly known as RFP Depot) issued
bid notices to 5472 prospective proposers of which 37 viewed the notice, which resulted in the receipt of
seventeen proposals (1 7) proposals, one of them being deemed non-responsive.
On July 13, 201 1, the City Commission approved the issuance of an RFQ for a Construction Manager at
Risk Firm to Provide Pre-Construction Services and Conztruction Phase Services via a Guaranteed
Maximum Price (GMP) Amendment for the 6th Street and 53 Street Restroom Projects.
On July 29, 201 1, the City Manager via Letter to Commission (LTC) No. 194-201 1, appointed an
Evaluation Committee. As a result of the review process, the Committee short listed the (4) top-ranked
firms for the interview process: D. Stephenson Construction, Inc., Thornton Construction Co., Stobs Bros.
Construction Co., and Team Contracting. After deliberating, the Committee unanimously ranked Thornton
Construction as the top-ranked firm.
-
The Administration will negotiate an agreement for pre-construction services similar to the RFQ for
Flamingo Park Tennis Center, and the RFQ for the Property Management Facility, which resulted in a cost
for pre-construction services at $41,710 and $44,713 respectively. The Guaranteed Maximum Price
contract will be brought to the City Commission for approval.
/ Adopt the Resolution. I
Advisory Board Recommendation: 1 NIA
City Clerk's Office Legislative Tracking: I Thais Vieira e& 2702
/ I
Financial Information:
Source of Funds:
OBPl
Financial Impact Summary: NIA
Amount
NIA 1
2
Total
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 c)c-7(
DATE: October 19, 201 1 /I/
SUBJECT: A RESOLUTION OF THE MAYOR A &f' CITY '" COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ClTY
MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 40-
10111, FOR A CONSTRUCTION MANAGER AT RISK FIRM TO PROVIDE PRE-
CONSTRUCTION SERVICES AND CONSTRUCTION PHASE SERVICES VIA A
GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT FOR THE 6" and 53RD
STREET RESTROOMS PROJECT; AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WlTH THE TOP-RANKED FIRM, THORNTON
CONSTRUCTION COMPANY, 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, D. STEPHENSON CONSTRUCTION, INC.; AND
FURTHER AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE AN
AGREEMENT FOR PRE-CONSTRUCTION SERVICES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure well maintained infrastructure.
ANALYSIS
Because beach tourism is vital to the economic well being of our community, and the
availability of safe, clean and accessible beachfront restrooms is vital to beach tourism, the
Administration initiated an effort to replace the deteriorated facilities with new standardized
facilities. Over the last few years, new restroom facilities have been constructed at 14'~~ 2lSt,
35th, 46th and 64'h Streets. New restroom facilities are also currently being built at 72nd Street
as part of the Oceanfront Community Center Project. The restroom facilities located at 6" and
53rd Streets are in a deteriorated condition and cannot be effectively secured, and are not
adequate to serve the large number of users.
The scope of work for this project consists of the demolition of the existing restroom facility
located at Lummus Park at 599 Ocean Drive (6'h Street Restrooms), and construction of a new
1,500 SF facility; and the demolition of the existing restroom facility and Ocean Rescue office
(53rd Street Restrooms), located at 53rd Street and Collins Avenue, and construction of a new
864 SF restroom facility and 546 sf office for the Ocean Rescue Department.
CIP staff has studied the use of Construction Management at Risk (CMR) project delivery
method for this project in lieu of a standard Design-Bid-Build process, and recommends the
CMR option as the most advantageous project delivery method to successfully complete the
Commission Memorandum
RFQ No. 40-101 1 - 6th Street and ~3'~ Street Restrooms
October 19, 201 1
Page 2
construction of the new restroom facilities at 6th and 53rd streets. One of the most important
distinctions between the CMR project approach and the Design-Bid-Build is that the CMR is
selected based on the CMR firm's qualifications. The CMR approach will give the City the
added value of having a qualified contractor evaluate the project documents for any
inconsistencies, errors and omissions between the various design disciplines and
constructability of the project.
The Project Team, consisting of the Owner (City), Design Professional and CMR work
together to produce a quality project with a design that is also buildable in an environment
based on a collaborative effort between the three parties in order to work out all the potential
conflicts in the project prior to construction.
To this end the CMR firm is contracted to perform pre-construction services and provide at the
City's request or option, a Guaranteed Maximum Price (GMP) and certifies by signing the
GMP contract with the City that the CMR firm can build the project for the GMP.
The City will request Pre-Construction Services as follows:
Constructability and Value Engineering
Review of Onsite and Offsite Conditions
Scheduling
Bidding (GMP submittal & Negotiations)
The CMR is tasked to work with the Design Professional to advise the City of the
constructability of the design and provide value engineering of the Design Professional's
documents, to check the quality of the documents and advise the Owner of the most efficient,
and economical ways to build the project pursuant to the Owner's goals and objectives.
The end result is a Guaranteed Maximum Price (GMP) from the Contractor, which is subject to
restrictions in change order requests and minimizes, or eliminates, additional costs to the City.
In order to ensure that the City is successful in negotiating the best value for this project, the
City will hire an independent Construction Estimator to provide assistance in validating the
CMR's construction costs according to the current market.
The City's construction budget for the two restroom facilities is approximately $1 million.
SCOPE OF SERVICES
The Construction Manager's at Risk (CMR) Scope of Services shall include, without limitation,
all of the Preconstruction Services set forth below and, upon approval by the City of the
Guaranteed Maximum Price (GMP) and as contemplated in any GMP Amendment(s), all of
the Construction Services required to complete the Work in strict accordance with the Contract
Documents, and to deliver the Project to the City at or below the GMP and within the Contract
time.
The CMR shall review Project requirements, existing on-site and off-site development, surveys
and preliminary budget, and make recommendations to the City for revisions. The CMR shall
prepare a Project Schedule in accordance with the Contract Documents and in coordination
with the City and the ArchitectlEngineer, identifying all phases, critical path activities, and
critical duties of each of the Project team members. The CMR shall review the permitted set
of plans and advise the City and the ArchitectlEngineer regarding the constructability of the
Commission Memorandum
RFQ No. 40-1 01 1 - 6th Street and 53d Street Restrooms
October 19,201 1
Page 3
design and of any errors, omissions, or conflicts it discovers. The CMR shall prepare an
outline of proposed bid packages and detailed cost estimates, and advise the City regarding
trends in the construction and labor markets that may affect the price or schedule of the
Project. The CMR shall attend all Project related meetings. The CMR's Preconstruction
Services shall be provided, and the City shall compensate the CMR for such services, based
upon a fixed fee. At the conclusion of the Preconstruction Services Phase, the CMR shall,
provide the City a proposal for a GMP Amendment for construction phase services and without
assuming the duties of the ArchitectlEngineer, warrant to the City, that the plans,
specifications and other Contract Documents are consistent, practical, feasible and
constructible, and that the Project is constructible within the contract time.
RFQ PROCESS
On Julv 13. 201 1, the Citv Commission approved the issuance of an RFQ for a Construction
~anager at Risk Firm to provide re-construction Services and Construction Phase Services
via a Guaranteed Maximum Price (GMP) Amendment for the 61h Street and 53"' Street
Restroom Projects.
RFQ No. 40-1 011 1 was issued on July 18, 201 1, with a due date of August 8, 201 1. A pre- < ~
proposal conference to provide information to the firms submitting a response was held on
July 25, 201 1. Four addendums were issued to respond to the firms' questions, thus extending
the due date to August 12, 201 1.
BidNet issued bid notices to 21 1 prospective firms, BidSync (formerly known as RFP Depot)
issued bid notices to 5,472 prospective firms of which 37 viewed the notice, which resulted in
the receipt of the following seventeen (1 7) proposals:
1. Azulejo lnc.
2. BDI Construction
3. Coastland Construction
4. Complete Endeavors
5. DiPompeo Construction Corp.
6. D. Stephenson Construction Inc.
7. Florida Construction and Engineering
8. Glenewinkel Construction Co
9. H.A. Contracting Corp.
10. Harbour Construction, Inc.
11. JCon Group
12. MBR Construction
13. Namin Construction Co.
14. State Contracting & Engineering Corp.
15. Stobs Bros. Construction Co.
16. Thornton Construction Co.
17. Team Contracting
Complete Endeavors was considered non-responsive due to failure to provide information
regarding Minimum Proposer RequirementslQualifications as required by the RFQ, such as
team's experience, Project Manager's experience, similar projects, etc.
On July 29, 201 1, the City Manager via Letter to Commission (LTC) No. 194-201 1, appointed
an Evaluation Committee (the "Committee") consisting of the following individuals:
Commission Memorandum
RFQ No. 40-1 01 1 - 6th Street and 53' Street Restrooms
October 19,201 1
Page 4
Duane Knecht, Director, Property Management;
Elizabeth Camargo, Resident and Capital lmprovement Projects Oversight
Committee (CIPOC) member;
William Cary, Assistant Director, Planning Department.
Kevin Smith, Director, Parks and Recreation Department;
Thais Vieira, Capital Projects Coordinator, CIP, and
Marlo Courtney, resident and member of the Ocean Drive Association.
Alternates
Christina Cuervo, Resident and Capital lmprovement Projects Oversight Committee
(CIPOC) member; and
Tom Mooney, Preservation Manager, Planning Department
The Committee convened on August 30, 201 1. Committee Member Marlo Courtney could not
attend the meeting; nevertheless, with five members in attendance, a quorum was attained,
and the meeting was held. The Committee was provided with general information on the scope
of services, Performance Evaluation Surveys and additional pertinent information from all
responsive firms prior to the meeting. The Committee scored and ranked all firms according to
the evaluation established in the RFQ, which was as follows, for a total possible 100 points:
(20 points) - The experience, qualifications, quality control and assurance plan,
and portfolio of the Principal Firm
(25 points) - The experience, qualifications and portfolio of the Project Manager, as
well as his/her familiarity with this project and a thorough understanding of the
-methodology and design approach to be used in this assignment
(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) - 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
As a result of the review process, the Committee short listed the (4) top-ranked firms for the
interview process (see attachment A for rankings):
D. Stephenson Construction, Inc.
Thornton Construction Co.
Stobs Bros. Construction Co.
Team Contracting
Commission Memorandum
RFQ No. 40-101 1 - 6th~treet and 53' Street Restrooms
October 19, 201 1
Page 5
On September 1, 201 1, a second meeting was conducted to interview the short listed firms.
The Committee listened to a brief overview of each of the firms' qualifications and participated
in a question and answer session. After the interviews, the Committee discussed their
individual perceptions of the firms' qualifications, experience, and competence, and further
ranked the firms accordingly.
The Committee's final rankings are as follows:
FINAL RANKINGS
Thornton
Construction Co. (1)lOO (1)98
D. Stephenson
Construction Inc. (2) 99 (2) 96
Team Contractin
Stobs Bros.
Construction Co
Low -
William Elizabeth Kevin Anareaate Ranking
Cary Camargo Smith Totals Order-
After deliberating, the Committee unanimously ranked Thornton Construction as the top-
ranked firm. It was pointed out by the Committee, that of the four firms, Thornton provided the
best risk assessment plan. The Committee thought Thornton was very well prepared for the
meeting, having taken the time to study the site and the plans in great detail.
THORNTON CONSTRUCTION COMPANY FROFILE
Thornton Construction Company, a contracting and construction management firm
headquartered in Miami, was founded in 1998. The Project Manager assigned to this project
has extensive experience with the Construction Manager at Risk deliveryr method. horn ton
has previous experience with free standing restroom facilities, including the stand alone pool
side restrooms of the Lowes Miami Beach Hotel, Disney Boardwalk project, and restrooms in
other resort park areas in Disney. They have also renovated several restrooms for Miami-
Dade College on all of their campuses. See Attachement B for a list of projects and resumes
of the key personnel submitted by Thornton.
The Administration will negotiate an agreement for pre-construction services similar to the
RFQ for Flamingo Park Tennis Center, and the RFQ for the Property Management Facility,
which resulted in a cost for pre-construction services at $41,710 and $44,713 respectively.
The Guaranteed Maximum Price contract will be brought to the City Commission for approval.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accept the recommendation of the City Manager pursuant to dequest for
Qualifications (RFQ) No. 40-1 011 1, for a Construction Manager at Risk Firm to provide pre-
construction services and construction phase services via a Guaranteed Maximum Price
(GMP) amendment for the 6' and 53rd Street Restrooms Project; authorizing the
Commission Memorandum
RFQ No. 40-101 1 - 6th street and 53' Street Restrooms
October 19, 201 1
Page 6
Administration to enter into negotiations with the top-ranked firm, Thornton Construction
Company, 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, D. Stephenson Construction, Inc.; and further authorizing the Mayor and
City Clerk to execute and Agreement for pre-construction services.
Attachment A: Short Listing Rankings
Attachment B: Similar Projects and Key Personnel Resumes
T:\AGENDA\2011\10-19-1 I\RFQ 40-10-1 1 CM at Risk Restrooms MEMO.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
ClTY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO.
40-10111, FOR A CONSTRUCTION MANAGER AT RISK FIRM TO PROVIDE
PRE-CONSTRUCTION SERVICES AND CONSTRUCTION PHASE SERVICES
VIA A GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT FOR THE 6'h and
53RD STREET RESTROOMS PROJECT; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WlTH THE TOP-RANKED
FIRM, THORNTON CONSTRUCTION COMPANY, 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, D.
STEPHENSON CONSTRUCTION, INC.; AND FURTHER AUTHORIZING THE
MAYOR AND ClTY CLERK TO EXECUTE AN AGREEMENT FOR PRE-
CONSTRUCTION SERVICES.
WHEREAS, on July 13, 2011, the City Commission approved the issuance of
Request for Qualifications (RFQ) 40-10/11 for a Construction Manager at Risk Firm to
Provide Pre-Construction Services and Construction Phase Services via a Guaranteed
Maximum Price (GMP) Amendment for the 6'h Street and 53d Street Restroom Project; and
WHEREAS, the RFQ was issued on July 18, 201 1, with a due date of August 8,
201 1 ; and
WHEREAS, a pre-proposal conference to provide information to the firms submitting
a response was held on July 25, 201 1, and four addendums were issued to respond to the
firms' questions, thus extending the due date to August 12, 201 1 ; and
WHEREAS, BidNet issued bid notices to 211 prospective firms, and BidSync
(formerly known as RFP Depot) issued bid notices to 5,472 prospective firms of which 37
viewed the notice, which resulted in the receipt of the following seventeen (17) proposals;
and
WHEREAS, On July 29, 201 1, the City Manager via Letter to Commission (LTC) No.
194-201 1, appointed an Evaluation Committee (the iiCommittee") consisting of the following
individuals:
Duane Knecht, Director, Property Management;
Elizabeth Camargo, Resident and Capital lmprovement Projects Oversight
Committee (CIPOC) member;
William Cary, Assistant Director, Planning Department.
m Kevin Smith, Director, Parks and Recreation Department;
Thais Vieira, Capital FTojects Coordinator, CIP, and
Marlo Courtney, resident and member of the Ocean Drive Association.
Alternates
Christina Cuervo, Resident and Capital lmprovement Projects Oversight
Committee (CIPOC) member; and
Tom Mooney, Preservation Manager, Planning Department
WHEREAS, the Committee convened on August 30, 2011, and Committee Member
Marlo Courtney could not attend the meeting; nevertheless, with five members in
attendance, a quorum was attained, and the meeting was held; and
WHEREAS, the Committee was provided with general information on the scope of
services, Performance Evaluation Surveys and additional pertinent information from all
responsive firms prior to the meeting; and
WHEREAS, the Committee scored and ranked all firms according to the evaluation
established in the RFQ, and as a result of the review process, the Committee short listed the
(4) top-ranked firms for the interview process; and
WHEREAS, on September 1, 2011, a second meeting was conducted to interview
the short listed firms and the Committee listened to a brief overview of each of the firms'
qualifications and participated in a question and answer session; and
WHEREAS, after the interviews, the Committee discussed their individual
perceptions of the firms' qualifications, experience, and competence, and further ranked the
firms accordingly; and
WHEREAS, after deliberating, the Committee unanimously ranked Thornton
Construction as the top-ranked firm, and D. Stephenson as the second ranked firm; and
WHEREAS, 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 with the top-ranked firm, Thornton Construction -
Company, Inc.; and should the Administration not be able to successfully negotiate an
agreement with the top-ranked firm, authorize the Administration to negotiate with the
second-ranked firm, D. Stephenson Construction, Inc.
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. 40-1011 1, for a Construction Manager at Risk Firm to provide
pre-construction services and construction phase services via a Guaranteed Maximum Price
(GMP) Amendment for the 6th and 53rd Street Restrooms project; authorizing the
Administration to enter into negotiations with the top-ranked firm, Thornton Construction
Company, 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, D. Stephenson Construction, Inc.; and further authorizing the Mayor and
City Clerk to execute an agreement for pre-construction services.
PASSED AND ADOPTED THIS DAY OF 201 1.
ATTEST:
CITY CLERK MAYOR APPROVED AS m
FORM & LANGUAGE
T:\AGENDA\2011\10-19-1 I\RFQ 40-1 0-1 1 CM at Risk Restrooms RES
21 1
Attachment A - Short Listing Rankings RFP No. 40-1011 1 for CM at Risk for 6th and 53rd Street Restrooms Low - Aaareaate Totals 9 10 28 29 31 32 32 33 45 5 1 54 58 58 61 72 77 D. Stephenson Construction Inc. Thornton Construction Co. Stobs Bros. Construction Co Team Contracting Harbour Construction, Inc. Coastland Construction State Contracting & Engineering Corp. H.A. Contracting Corp. MBR Construction JCon Group DiPompeo Construction Corp. BDI Construction Glenewinkel Construction Co Florida Construction and Engineering Azulejo Inc. Namin Construction Co. Ran king Order 1 2 3 4 5 6 6 8 9 10 11 12 12 14 15 16 Thais Rank 1 2 3 8 4 10 6 9 7 13 12 5 11 16 15 14 Duane Rank 1 2 4 6 7 9 10 3 13 5 11 14 12 8 16 15 Vieira Total Points 99 94 93 85 92 81 87 84 86 70 71 89 73 22 27 40 Knecht Total Points 96 94 87 85 84 82 83 90 63 86 71 62 65 83 29 35 William Rank 4 3 7 6 5 1 2 12 14 8 9 15 11 10 13 16 Cary Total Points 90 91 85 86 87 93 92 80 77 84 83 75 81 82 78 68 Elizabeth Rank 1 2 9 6 7 8 5 3 4 12 11 14 10 15 13 16 TOTALS 384 377 348 345 348 340 353 350 31 8 31 7 304 295 300 255 206 200 Camargo Total Points 99 98 83 89 85 84 91 96 92 77 79 69 81 68 72 57 Kevin Rank 2 1 5 3 8 4 9 6 7 13 11 10 14 12 15 16 Smith Total Points 86 92 74 82 70 82 64 73 73 37 56 6 1 37 48 31 26
ATTACHMENT B - RFQ 40-1011 1
SIMILAR PROJECTS AND KEY PERSONNEL
RESUMES
MDC Mu ti-Cam~us Restroom Renovations
After a comprehensive study was completed by Miami Dade College, Thornton Construction was contracted as a construction
manager to modify and improve restrooms throughout the College in order to bring its campuses up-to-date and to comply
with the Americans with Disabilities Act (ADA) requirements. Under a CMR agreement, Thornton replaced over 200 plumbing
fixtures in 30 bathrooms among 12 buildings on the InterAmerican, Kendall, Homestead, Wolfson, Hialeah and North cam-
puses. The renovations incorporated new technologies for energy and water conservation and involved selective demolition;
alterations to and relocation of existing plumbing, electrical, and mechanical systems and fixtures: repairs to and installation
of over 14,480 SF of new surface tile; replacement of restroom accessories and countertops; automatic doors; toilet parti-
tions; patching and repainting ceilings and doors; and minor remodeling of existing space. Thornton's improvements led to
lower operating costs, improved sanitation, and easier access for all.
Owner Architect
Miami Dade College Edward Lewis Architects, Inc.
Gloria Garzon Lesley Escobar
11011 SW 104th Street, Building L 250 Bird Road, Suite 212
Miami, FL 33176 Coral Gables, FL 33146
3052370561 3054450835
Contract Amount: $916,441
Completion Date: October 2009
Location: Miami-DadeCounty,FL
CM-at-Risk for 6th Street and ~3~ Street Restrooms August 8,2011
RFQ 40-10/11 Page 10
THORNT TON $&! MIAMIBEACH
Broward County Schoo
Restroom Renovations
Thornton Construction renovated bathrooms and various support areas on three Broward County
campuses for the School Board of Broward County. This work, covering 3450 square feet, brought 39
bathrooms into ADA compliance:
Construction Cost
Type of Construction Services Provided
Owner Contact
Architect
Paul Turner Elememtary School,
Lauderhill, FL. ADA compliance,
improved sanitation, and wst-
savings upgrades to 17 bathrooms.
Added a nursing station. Upgraded
sidewalk with canopy. Completed
912008. Contact: Robert Goode, ..
$1,039,257
Low Bid General Contractor
Various (see below)
Various Architects
Embassy Creek Elementary School, Hollywood, FL. ADA
compliance, improved sanitation, and cost-savings upgrades
to 14 bathrooms. Added a nursing station. Completed 712009.
Contact: Stephen Dowling, 754.321.1622
Steve.dowling@browardschools.com
Architect: Vaughn Wunsch Masullo Architects
954.568.6009
Whispering Pines School, Miramar, FL. ADA
compliance, improved sanitation, and cost-savings
upgrades to 8 bathrooms. Completed 812009.
Contact: Reinaldo Olivera, no longer with SBBC
CM-at-Risk for 6th Street and ~3~ Street Restrooms
RFQ 40-10/11
August 8,2011
Page 11
Bav Point Schoo
This project consisted of new CMU construction of a two-story 24,500 SF building with approximately 11 multipurpose class-
rooms targeted to accommodate 225 troubled boys. The classrooms offer shelf and storage space and include a wet science
lab with electrical, plumbing and fume hood infrastructure. Bathrooms are independent. A computer room was built with a
quiet area for reading. The project included offices for teachers and administrative staff. Materials selected had to match
existing adjacent facilities.
New utilities for power, water, sewer and drainage were installed. All electrical, fire alarm, security and mechanical systems
are independent from existing buildings. The mechanical system includes independent smoke evacuation for the second
floor which is shell space for future classrooms. Thornton also developed circulation spaces for interior and exterior walk-
ways connecting the buildings, and improved landscaping and exterior areas.
The Department of Juvenile Justice built this school to rehabilitate the lives of juvenile delinquents. The pilot boarding school
program Bay Point Schools, Inc., was established in 1995 for 13- to 18-year-old males based on a theory that these boys are
not mentally ill, sick, or born bad. Education, behavior modification and moral development are emphasized in a new, inno-
vative boarding-school approach based on the sociological model.
Owner Architect
Florida Department of Juvenile Justice Elements Architects & Interior Designers
2737 Centerview Drive 1699 Coral Way, Suite 1503
Suite 114 Miami, FL 33145
Tallahassee, FL 33606 3058585858
Ken Mostyn, 813 251 0565
Contract Amount: $2,536,299
Completion Date: September 2008
Location: Cutler Bay, FL
CM-at-Risk for 6* Street and 53d Street Restrooms August 8,2011
RFQ 40-10/11 Page 12
Miami-Dade County Pub ic Schoo
Renovations to Various Campuses
Thornton prequalified with Miami Dade Co. Public Schools to earn this CM-at-Risk contract. Under the four-year agreement,
Thornton Construction has provided construction management and preconstructionl construction phased services (design
and bid phases). Projects to-date have involved a variety of renovations, remodeling and upgrades to several campuses.
These include:
Jane S. Roberts Childwood Center, Miami. The scope of work consisted of building a PE shelter, basketball court, covered
walkway, chiller enclosure, replacing glass windows, and miscellaneous site improvements. Completed 412010.
Hialeah Gardens High School. Furnished and installed conduit and J-boxes for the WLRN channel at four buildings, relocation
of theatrical dimmer panel, installation of RG-11 wiring, and wall patching. Installation of new traffic signs and school pave-
ment markings. Completed 612010.
Bob Graham Educational Center, Miami Lakes. Complete structural repairs and miscellaneous concrete as well as site work
including fence relocation, storm drainage, earthwork and grading, asphalt paving and retention basins. Completed 712009.
Hialeah High School Signage. Removal of existing signage. Furnished and installed new poles and reflective panels. Com-
pleted 1012009.
Mandarin Lakes K-8 Academy. Installation of new traffic signs, pavement markings, concrete landing pads and sidewalk at a
major intersection in Homestead. Completed 11/2010.
CM-at-Risk for 6* Street and 531d Street Restrooms
RFQ 40-10/11
Construction Cost
Completion Date
Owners Contact Person
Owner Contact Info
Architect
August 8,2011
Page 13
$5 Million
Option to Renew Nov 2011
Albert Destrade
305 995 4535, adestrade@dadeschools.net
Various
South Dade Government Center
Construction Cost: $1.3 Million
Current Phase of Development: Complete
Completion Date: March 13,2007
Type of Construction Service: Generalcontractor
The South Dade Government Center provides space for several public-oriented government services, including its court-
house. The South Dade Government Center employs 140 and provides daily services to over 2,100 customers. Thornton
Construction renovated approximately 10,300 SF of the 1st & 2nd floor of the existing Government Center, adding court-
rooms, chambers and post judgment area.
This project had a 31% minority business enterprise goal. From the early stage of this project, during the bidding process,
Thornton invited all minority contractors listed in the Miami-Dade County Department of Business Development certified
small business enterprise list, along with minority subcontractors with whom Thornton has an existing relationship. Thorn-
ton broke down the subcontractor packages into small scopes of work, allowing a greater number of minority firms the abil-
ity to bid on this project. Thus, 45% MBE participation was achieved on this project, exceeding the 31% that was required.
Owner - Architect
Miami Dade County GSA
11 1 NW 1 Street, 12" Floor
Miami, FL 33128-1914
M.C. Harry & Associates
11 1 NW 2nd Street
Miami, FL 33133
CM-at-Risk for 6'h Street and 531d Street Restrooms
RFQ 40-10/11
August 8,2011
Page 14
THORNTON MIAMIBEACH
er Schoo of Medicine
Under CM-at-Risk contracts, Thornton provided construction management services for three projects at the University of
Miami's medical campus:
Renovation of 450 SF of interior space for the addition of new digital x-ray equipment for use by sports specialists.
Architect: Gresham Smith & Partners, 954.981.9100. UM Contact: Tony Walsh, 305.243.9531. Cost: $116,413
Interior build-out of 434 SF for the Dept. of Nuclear Medicine. Faculty offices were completely renovated inside the Syl-
vester Stallone Cancer Center.
Architect: Bermello Ajamil & Partners, 305.859.2050. UM Contact: Judith Ventura, 305.243.8130. Cost: $7,037
Thornton renovated 7400 SF of medical offices in the Florida Poison Information CenterIMiami which is a cooperative of
the Miller School of Medicine's Dept. of Pediatrics, Jackson Memorial Hospital, and the Florida Department of Health.
Contact: Ana Pedrosa, 305.585.1302. Cost: $298,689
Contract Amount: $422,139
Completion Date: June2009
CM-at-Risk for 6th Street and 531d Street Restrooms August 8,2011
RFQ 40-10/11 Page 15
MIAMIBEACH
Medical examiners conduct forensic investigations into unnatural or unattended deaths
and performs drug and poison testing for police and health departments. Thornton Con-
struction completely renovated Broward County's 13,600 SF Medical Examiner's Building
while coordinating with a neighboring business to maintain their normal operations. The
work included a new Toxicology Laboratory, a new Robotics Laboratory, a walk-in cooler1
freezer, a records vault, file and chemical storage areas, offices, several restrooms, multi-
purpose space with flexible furnishing, and a new roof. Thornton installed new medical
gas, HVAC, electrical, plumbing, and fire protection systems. In addition to upgrading the
security card access control system, the deionized water equipment system was expanded.
Thornton was in charge of the final setup of nitrogen generator, lab instruments such as
fume hoods, and computer equipment.
Owner Information: Architect Information:
Broward County Thomas McConnell
Jack Shim Zelch & McMahon Architects
115 S. Andrews Avenue, Room A550 17 NE 4th Street
Fort Lauderdale, FL 33301 Fort Lauderdale, FL 33301
9543578628 9545250975
-- - - - -
Contract Amount: $2,422,675
Completion Date: September2009
CM-at-Risk for 6- Street and 53'* Street Restrooms
RFQ 40-10/11
August 8,2011
Page 16
y Birth Center
Memoria Regiona Hospita
Under a CMR GMP contract, the 8th floor patient wings and core area of the North and South Towers of Memorial
Regional Hospital were renovated for modern upgrades. The renovated area encompasses approximately 34,000
SF and required new finishes throughout. A 33-bed unit was expanded to accommodate 53-beds and features
additional private room birthing suites to meet community demand. Because construction took place during on-
going hospital activity, the project was two-phased, requiring maximum coordination to assure minimal incon-
veniences to patients, visitors and staff. Additionally, the renovation included two nurseries, a pharmacy and lab,
and two separate nurse stations. The nurseries were furnished with new incubators and a state-of-the-art secu-
rity system which included a man trap. This technology will be of the utmost importance to keep the newborns
protected and safe.
Owner Architect
Memorial Healthcare Systems Saltz Michelson Architects
Bert Wilder 3501 Griffin Road
3501 Johnson Street Fort Lauderdale, FL 33312
Hollywood, FL 33021 954 266 2700
954 265 8678
Contract Amount: $5,296,034
Completion Date: May 2011
Location : Hollywood, FL
CM-at-Risk for 6'h Street and 53" Street Restrooms August 8,2011
RFQ 40-10/11 Page 18
Saint Andrews Schoo
Under a CM-at-Risk contract, Thornton
Construction was selected to completely renovate
this exclusive private school. Ten thousand square
feet of the school was remodeled. Parking and
landscaping were upgraded.
Location I Boca Raton, FL
Construction Cost 1 $71 0.297
Completion Date I June 2005
Architect Steve Boruff & Associates I
Owner Contact
CM-at-Risk for 6th Street and ~3~ Street Restrooms August 8,2011
RFQ 40-10/11 Page 19
Weingarten Realty
John Greenman, 954.938.2583
1 ITHORNTON MIAMIBEACH
Paul Fleckenstein, CSC, LEED AP
Project Manager
Roles and Responsibilities:
Over 35 years of experience in the construction industry including over 25 years in a
management position for Construction Management at Risk projects from preconstruction
services through project completion. Strong team organizational skills, utilizing the strengths of
team members to meet the various and unique challenges of each individual project including
design review for constructability analysis and potential value engineering options. Experienced
in reviewing materials and assembly details critical to delivering quality public restroom facilities
located on wet beach or poolside locations where safe accessibility, use by patrons, and efficient
serviceability by maintenance personnel are paramount to the success of the facility after
project completion. The structures involved in this project should not only be aesthetically
pleasing but also be constructed to withstand heavy trafficluse and withstand the severe
environmental conditions of beachfront locations.
Noteworthy Project Experience:
Loews Miami Beach Hotel, Miami Beach, FL
Ground-up construction on a pool bar and
equipment building. Approximately 1,200 SF at
$800,000, the stand along poolside building,
east of the Coastal Construction Line on Miami
Beach, housed life guard and pool equipment.
The building was also utilized as a concession
and bar service for hotel guests.
Miami-Dade College, Miami, FL
Multi-campus CM at Risk project to modify and
improve restrooms throughout the college in
order to bring its campuses up-to-date and
A.D.A. compliant. Renovations incorporated
new technologies for energy and water
conservation as well as improved sanitation,
easier access, and lower operating costs.
Hyatt Windward Point Resort, Key West, FL
Project located on the eastern tip of Key West, Education:
FL on the beach. Consisted of stand alone Bachelor of Science in Business
poolside restrooms, concession and pool Management
equipment building. Approximately 1,200 SF at Towson University, 1972
$600,000. Towson, MD
Disney's Boardwalk Resort and Hotel, Orlando,
FL Professional Affiliations & Certificates:
Consisted of two Separate poolside restrooms rn Certified General Contractor, Florida State
and service building. Pool equipment storage - CG C 05 1000
room was also to be included within. Ground- = LEED Accredited Professional
up construction. Each building was OSHA Certified
approximately 1,500 SF at $775,000.
CM-at-Risk for 6* Street and 53d Street Restrooms
RFQ 40-10/11
August 8,2011
Page 25
(I ITHORNTON MIAMI BEACH
Thomas Thornton, CGC, LEED AP
General Manager
Thomas Thornton has 21 years of construction experience. As President of Thornton
Construction, Tom's credentials include managing over $100 million in South Florida facilities
comprised of renovations and alterations. Tom is a State Certified General Contractor and has
vast experience in Construction Management delivery systems. His knowledge of local codes,
relationships with qualified subcontractors and vast experience with building practices in South
Florida brings value to your project.
As President and General Manager on this project, Tom will ensure the successful completion of
your project. Tom will remain accessible to the City of Miami Beach and the project team
throughout the duration of the project. His review of project continuity, cost, and safety and
quality control programs enhances the level of detail we provide to all of the construction
projects we manage.
Working with some of the largest institutions in South Florida, including Memorial Healthcare
System, the South Broward Hospital District, Jackson Memorial Hospital, Baptist Health, Aventura
Hospital, Mount Sinai Medical Center, Miami International Airport, Miami-Dade County, Broward
County, and Miami-Dade College, Thornton Construction's hallmarks of personalized service and
quality construction have generated a repeat customer base of 90%.
Thornton Construction was named a 2010 Top 100 South Florida Small Business by Business
Leader magazine. And, after logging over 100,000 man-hours with no injuries in 2010, it also
won a Safety Training and Evaluation Process award from Associated Builders & Contractors,
given to construction firms who consistently excel in safe working conditions. Mr. Thornton also
proudly maintains an ethnically diverse workforce at Thornton Construction, which for the last
two years won a Top 100 Minority Business Award from the Greater Miami Chamber of
Commerce.
In his early 40s) Mr. Thornton constantly strives to improve his own standing among peers. In
2004, he served on the State of Florida Construction Industry Licensing Board. For the past six
years, he has served as a council member for the Village of Key Biscayne where he lives. In 2008,
he became an Accredited Professional with Leadership in Energy & Environmental Design of the
Green Building Council, encouraging several members of his firm to follow suit. In 2009, he
graduated from the Miami-Dade County Department of Business Development Mentor Protege
Program, designed to strengthen firms through coaching and counseling.
CM-at-Risk for 6* Street and ~3~ Street Restrooms
RFQ 40-10/11
August 8,2011
Page 26
Tkamas Pkarntan, CGC, LEEB AP
General Manager
Roles and Responsibilities:
Thomas Thornton has 21 years of construction experience. As President of Thornton
Construction, Tom's credentials include managing over $100 million in South Florida facilities
comprised of renovations and alterations. Tom is a State Certified General Contractor and has
vast experience in Construction Management delivery systems. His knowledge of local codes,
relationships with qualified subcontractors and vast experience with building practices in South
Florida brings value to your project.
As President and General Manager on this project, Tom will ensure the successful completion of
your project. Tom will remain accessible to the City of Miami Beach and the project team
throughout the duration of the project. His review of project continuity, cost, and safety and
quality control programs enhances the level of detail we provide to all of the construction
projects we manage.
Noteworthy Project Experience:
Miami-Dade College, Miami, FL
Thornton Construction has obtained a
continuing contract for Construction
Management at Risk Services with the college
for six years. Work has including various
components including multi-campus restroom
renovations as well as site and interior
improvements.
Miami-Dade County Public Schools, Miami, FL
Construction Management At Risk agreement
for five years servicing the public schools of
Miami-Dade County. Projects include site
improvements, building renovations, and
interior build-outs.
The Public Health Trust / Jackson Memorial
Hospital, Miami, FL
Miscellaneous Construction Management at
Risk contracts. Renovations to existing building
including the historical preservation of the
Alamo structure.
Memorial Healthcare Systems, Broward, FL
General Contractor selected for six years to
perform renovations to multiple components
integrating equipment replacements as well as
many mechanical, electrical, and extensive
plumbing upgrades. Work also included
hardening of exterior fa~ade in multiple areas.
Education: Department of Juvenile Justice, South Florida
Construction Management at Risk facility Bachelor of Science in Building
services contract for minor projects. Contract Construction
included site improvements at various locations University of Florida, 1994
in South Florida, value engineering services, Gainesville, FL
building restorations, demolition and removal of
existing building with cap-offs of infrastructure Professional Affiliations & Certificates:
components, and reinforcement of structural Certified General Contractor, Florida State
components to comply with current wind load - CGC 058425
requirements. LEED Accredited Professional
OSHA Certified
CM-at-Risk for 6* Street and 53" Street Restrooms
RFQ 40-10/11
August 8,2011
Page 27
(I ITHORNTON MIAMIBEACH
Haavey Williams
Preconstruction Manager
Roles and Responsibilities:
Hands on management experience within the construction field, Harvey Williams is an
accomplished leader, capable of motivating a staff to its full potential. Exceptional analytical
and creative problem solving abilities with practical experience and knowledge of all types of
phases of design, preconstruction, construction and management. As our preconstruction
manager, Harvey has supervised and assembled quantity estimates; provided cost for all
quantity estimates and finalized bid documents for all commercial building type projects. In
addition, Harvey has provided hard bids and conceptual bids for all types of projects.
Related and Noteworthy Project Experience:
Coral Springs Aquatic Complex, Coral Springs,
FL
Swimming and diving facility to undergo interior
remodeling and two additions. Juice bar and
fitness center were ground-up construction to
include high-impact storefront windows.
Broward County Courthouse Site
Improvements, Fort Lauderdale, FL
Difficult estimate as no soil reports were
available pertaining to the site. Feasibility study
and site analysis were required for bid to better
understand underground site components
including structural foundations and utilities.
Maritime Waterfront Facility, Dania Beach, FL
American Maritime Officers required the
demolition of existing trailer and construction of
new office/storage building to service officers of
rescue team. Boats were to remain operational
during construction and a covered area was to
be built for boat's protection. Site located on
the Dania Cutoff Canal.
CMat-Risk for 6th Street and ~3~ Street Restrooms
RFQ 40-10/11
*.
LAN Cargo Cooler Expansion, Miami, FL
Facility located at Miami International Airport.
Value Engineering was a major component to
this project. Original plans specified a Metal
Halide lighting fixture but with research
discovered the light to be very heat intensive
for a cooler. A T5 fluorescent light with energy
saving capabilities was suggested and utilized
for the project.
Whispering Pines Center, Miramar, FL
School in Broward County requiring
renovations to comply with A.D.A for restroom
facilities. Project occurred within the school
and classrooms making site analysis
challenging but extremely imperative to the
initial estimate. Teaching was to continue
throughout construction thus phasing portions
of the work to be completed after hours.
Education:
Bachelor of Business Management-Cum Laude
Florida Atlantic University, 1998
Boca Raton, FL
August 8,2011
Page 28
1 ITHORNTON MIAMIBEACH
Wayne Trotter
General Superintendent
Roles and Responsibilities:
With over 35 years of experience in residential and commercial construction in the United States
and on the island of St. John of the U.S. Virgin Islands, Wayne Trotter has the knowledge to work
in all environments including areas where erosion control may be a factor in the construction.
With such vast experience, Wayne is able to foresee and eliminate problems that can cause
delays to the project and, in turn, increase costs for the owner. His ability to coordinate with
subcontractors, inspectors, and other city officials and his professionalism when dealing with
issues in a timely manner to keep projects on time and under budget, sets him apart from
others.
Related and Noteworthy Project Experience:
Gallows Point Resort, St. John, U.S. Virgin
Islands
Location is on the coast of St. John.
Construction on the beach included condo and
hotel as well as all surrounding amenities.
Doral Park, Doral, FL
Multiple site improvements added to the park
including pavilion, designed walkways,
landscaping, and playground equipment.
Palmetto Bay Park, Palmetto Bay, FL
Park transitioned into a 25-acre park facility
which included a skate pavilion, playgrounds,
basketball and softball courts, and concession
building.
Peter Bluesten Park, Hallandale Beach, FL
Part of a Master Plan developed by the city to
renovate various parks, project included
recreational building, community center,
concession stand, and a variety of outdoor
courts and playing fields for sport activities.
Riverside Park Community Center,
Fort Lauderdale, FL
Renovation and rehabilitation of existing
center. Project consisted of revamping interior
and exterior spaces throughout the building,
restructuring the management office, restoring
all amenities, and performing extensive
landscaping and beautification.
Broward County Courthouse Site
Improvements, Fort Lauderdale, FL
Site demolition to improve storm drainage,
parking area, curbing, landscaping, and
irrigation. Also includes installation of walkway
canopy.
Education:
Augusta Military Academy, Fort Defiance,
VA, 1969-1970
Dodge City Community College, Dodge
City, KS, 1970-1972
Professional Affiliations 81 Certificates:
CM-at-Risk for 6th Street and 53d Street Restrooms
RFQ 40-10/11
- -
OSHA Certified
August 8,2011
Page 29
C7 - Resolutions
C7F A Resolution Rejecting All Bids Received Pursuant To Invitation To Bid (ITB) No. 39-
10/11, Right-of-way Infrastructure lmprovement Program - Venetian Islands Bid
Package 13C, And Authorizing The Administration To Issue A New Bid For Said Project.
(Capital lmprovement Projects/Procurement)
(Memorandum to be Submitted in Supplemental)
Agenda Item C7F
Date /0-l9-&
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
I A Resolution Approving An Assignment Of Job Order Contract (JOC) No. 22-08/09, By And Between The City I
And Gerrits constructibn, Inc., Dated July 15, 2009, For Vertical Construction Projects, Which Provides For
Gerrits Construction, Inc. To Assign Its Contract To Coastland Construction, Inc.; Further Authorizing The
Mayor And City Clerk To Execute Same.
Key Intended Outcome Supported:
To ensure well-maintained facilities; and to ensure well-maintained infrastructure.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
Shall the City Commission Approve the assignment?
Item SummarylRecommendation:
I Gerrits Construction, Inc., by letter dated May 10, 201 1, has requested that their JOC Contract be assigned to 1
Coastland Construction, lnc. ("Coastland"). Pursuant to section 18.1 of the JOC Contract, assignment of the
JOC Contract requires the written consent of the Mayor and City Commission. Key points of assignment are
as follows:
1. Gerrits Construction, Inc. will continue to honor and maintain all required warranties and
responsibilities for previously completed projects and any ongoing project with the City, as of June 1,
2011.
2. Gerrits Construction, Inc. Performance and Payment Bonds will remain in effect for one year after the
date of acceptance of all completed work.
3. Coastland agrees to be bound by all legal terms and conditions, responsibilities, and pricing of the
JOC Contract. I
4. Coastland agrees to furnish to the City's Risk Manager, Certificates of Insurance or endorsements
evidencing the required insurance coverage as specified in Article 7, entitled "Insurance", on pages 39
and 40 of the JOC Contract.
5. Coastland agrees to provide Performance and Payment Bonds, each in the amount of one million
dollars ($1,000,000), guaranteeing to City the completion and performance of the work covered in the
JOC Contract, as well as full payment of all suppliers, laborers, and subcontractors, pursuant to
General Conditions, Section 00400, Paragraph 4, entitled "Performance Bond and Payment Bondn, on
pages 36 and 37 of the JOC Contract.
6. Coastland agrees to provide additional Performance and Payment Bonds, each in the amount of
100% of the value of any projects assigned that may exceed their initial bonding of $1,000,000.
1 THE ADMINISTRATION HAS EXERCISED ITS DUE DILIGENCE ON THE NEW JOC CONTRACTOR, ( I COASTLAND CONSTRUCTION, INC. AND RECOMMENDS APPROVAL OF ASSIGNMENT. I
Advisory Board Recommendation:
I 1
Financial Information:
I Source of Funds: t Amount 1 Account I Approved 1
OBPl
2
3
Total
Financial Impact Summary:
City Clerk's OfFice Legislative Tracking: 1 Gus Lopez, extension 6641
u-
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 19, 201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
ClTY CLERK TO EXECUTE A CONSENT TO ASSIGNMENT AND FIRST
AMENDMENT TO JOB ORDER CONTRACT (JOC) NO. 22-08/09, BEWEEN
THE ClTY AND GERRITS CONSTRUCTION, INC., WHICH PROVIDES FOR
GERRITS TO ASSIGN THE JOC CONTRACT TO COASTLAND
CONSTRUCTION, INC.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
To ensure well-maintained facilities; and
To ensure well-maintained infrastructure.
ANALYSIS
Based on the results of the City's JOC program coupled with the high volume of anticipated
construction projects, the City issued on March 24, 2009, six (6) separate Invitations to Bid
(ITB) for the various categories of construction-related work:
= ITB 22-08/09 - Vertical
= ITB 23-08/09 - Horizontal
= ITB 24-08/09 - Electrical
ITB 25-08/09 - Mechanical
= ITB 26-08/09 - WaterproofingIPainting
= ITB 27-08/09 - Roofing
On April 24,2009, the City received sixty-two (62) bids overall by forty-eight (48) contractors.
A Technical Review Panel convened and reviewed all bids received and participated in
interviewing twenty-four (24) shortlisted contractors, who were represented by their
respective project managers, site superintendents, and cost estimators.
At its July 15, 2009 meeting, the Mayor and City Commission awarded Job Order Contract
No. 22-08/09, for vertical construction projects, to the following contractors:
1. BDI Construction
2. Gerrits Construction
3. Harbour Construction
4. Matrix Construction
JOC Contract Assignment
October 19,201 1
Page 2 of 3
5. Team Contracting
On August 24, 201 1, Gerrits Construction subsequently requested their JOC Contract be
assigned to Coastland Construction, Inc., see attachment A.
The City Attorney's Office opined that pursuant to Section 18.1 of Gerrits' JOC Contract,
assignment of Contract requires the written consent of the Mayor and City Commission. .
Therefore, the City Manager must recommend for or against the assignment of contract.
ADMINISTRATION'S DUE DlLLlGENCE
On August 30, 201 1, the City's Public Works Director, CIP Director, and Procurement
Director interviewed Coastland's key personnel - Project Manager, Site Superintendents and
Cost Estimators, and they all agreed to recommend the assignment of contract based on
Coastland's construction experience and licenses/certifications; Coastland's understanding
of how the JOC process works; Coastland's track record of completing projects on time and
within budget; Coastland's performance evaluation surveys completed by their clients;
Coastland's understanding of the JOC contract's terms, conditions, and adjustment factors;
Coastland's current and projected workload; and their knowledge, skills and abilities relative
to construction projects. -.
On September 23,201 1, in an effort to further verify the qualifications of this contractor, CIP
staff conducted a comprehensive second interview with Coastland's president, Alejandro
Rodriguez. The second interview focused on identifying and keeping consistent with the
City's due diligence of determining the contractor's overall qualifications to conduct a typical
construction job and understanding the contractor's process under a JOC.
- The contractor displayed a comprehensive approach to starting a project by having
their project managers and superintendents pull their own permits. This is the
preferred approach over retaining an on site expeditor, because when walking
drawings through plans review, a contractor's familiarity with the drawings and
project allows him to answer questions that an expeditor may not know.
- The contractor utilizes Construction Management software (Primavera) to track a
project's progress and submittals.
- During the course of the job, the contractor constantly updates the Construction
Documents to ensure that they reflect as-built conditions from start to end. This
facilitates the production of As-Builts at completion of the job.
- Furthermore, the contactor was asked to provide Certificates of Occupancy for
completed projects as well as a close out manual from a previous job, demonstrating
their knowledge of close out procedures.
- Coastland currently holds a GC license, license number CGC057347 and roofing
license, license number CCC057204 both since 1994.
- Coastland has a bonding capacity of $8 million which exceeds the required $2 million
under JOC vertical contract.
- Coastland has been in business for 10 years.
- To date, Coastland's largest project in terms of scope and dollar value is the
Sunshine Lakes Apartment Expansion Project in Coral Gables completed 4 months
early under an original 18 month duration. The budget for the job was $7,643,000.00
and the project was completed for $7,271,666.00.
JOC Contract Assignment
October 19,201 1
Page 3 of 3
Attached please find Coastland's list of completed projects, attachment B; the resumes of
their key personnel, attachment C; their performance evaluation surveys, attachment D; and
Certificates of Occupancy for twelve (12) of their completed projects, attachment E.
KEY POINTS OF ASSIGNMENT
1. The Consent to Assignment and First Amendment to the JOC Contract, will have an
effective date of October 19,201 1, and remain in effect throughout the remainder of
the current term of the JOC Contract, scheduled to expire July 14, 2014.
2. Gerrits will continue to honor and maintain all required warranties and responsibilities
for previously completed projects and any ongoing project with the City, as of
October 19, 201 1.
3. Gerrits' Performance and Payment Bonds will remain in effect for one year after the
date of acceptance of all completed work.
4. Coastland agrees to be bound by all legal terms and conditions, responsibilities, and
pricing of the JOC Contract.
5. Coastland agrees to furnish to the City's Risk Manager, Certificates of lnsurance or
endorsements evidencing the required insurance coverage as specified in Article 7,
entitled "lnsurance", on pages 39 and 40 of the JOC Contract.
6. Coastland agrees to provide Performance and Payment Bonds, each in the amount
of one million dollars ($1,000,000), guaranteeing to City the completion and
performance of the work covered in the JOC Contract, as well as full payment of all
suppliers, laborers, and subcontractors, pursuant to General Conditions, Section
00400, Paragraph 4, entitled "Performance Bond and Payment Bond", on pages 36
and 37 of the JOC Contract.
7. Coastland agrees to provide additional Performance and Payment Bonds, each in
the amount of 100% of the value of any projects assigned that may exceed their
initial bonding of $1,000,000.
Attachment F, the Consent to Assignment and resolution has been reviewed and form
approved by the City Attorney's Office.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the
assignment of JOC Contract No. 22-08/09 from Gerrits Construction, Inc., to Coastland
Construction, Inc.
Attachments:
Attachment A - Mr. David Gerrits, email requesting his JOC Contract be assigned to
Coastland Construction.
Attachment B - Contractor's list of completed projects
Attachment C - Contractor's resumes of key personnel
Attachment D - Contractor's performance evaluation surveys
Attachment E - Certificates of Occupancy for (1 2) completed projects
Attachment F - Consent to Assignment
T:\AGENDA\2011\10-19-1 l\Gerrits Consent Assignment Memo-with CIP addition1 .doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MlAMl BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND ClTY CLERK TO EXECUTE A CONSENT TO ASSIGNMENT AND FIRST
AMENDMENT TO JOB ORDER CONTRACT (JOC) NO. 22-08/09, BETWEEN
THE ClTY AND GERRITS CONSTRUCTION, INC., WHICH PROVIDES FOR
GERRITS TO ASSIGN THE JOC CONTRACT TO COASTLAND
CONSTRUCTION, INC.
WHEREAS, on July 15, 2009, the Mayor and City Commission approved Job
Order Contract No. 22-08/09, for Vertical Construction Projects, dated July 15, 2009,
with Gerrits Construction, Inc. (the JOC Contract); and
WHEREAS, Gerrits Construction, Inc., also referred to herein as Assignor, now
wishes to assign the JOC Contract to Coastland Construction, Inc. (Assignee and/or the
new JOC Contractor); and
WHEREAS, pursuant to Section 18.1 of the JOC Contract, assignment of the
JOC Contract requires the written consent of the Mayor and City Commission; and
WHEREAS, the Administration has exercised its due diligence on the new JOC
Contractor and recommends said assignment; and
WHEREAS, the Administration recommends that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute the
attached Consent to Assignment and First Amendment to JOC Contract No. 22-08/09,
which shall have an effective date of October 19, 201 1, and remain in effect throughout
the remainder of the current term of the JOC Contract, scheduled to expire on July 14,
2014; and
WHEREAS, notwithstanding the requested assignment, Gerrits Construction,
Inc. will continue to be responsible for, and maintain all required warranties and
responsibilities for, previously completed projects and any ongoing project with the City
prior to the effective date of the assignment.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE
ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission hereby approve and authorize the Mayor and City Clerk to execute a
Consent to Assignment and First Amendment to Job Order Contract (JOC) No. 22-
08/09, dated July 15, 2009, by and between the City and Gerrits Construction, Inc.,
which provides for Gerrits Construction, Inc. to assign the JOC contract to Coastland
Construction, Inc.
PASSED and ADOPTED this day of , 2011.
Mayor
ATTEST:
APPROVED AS TO
FORM 81 LANGUAGE
City Clerk & FnR EXECUTION
T:\AGENDA\2011\9-14-1 l\Gerrits Consent Assignment Resoiution.d
Attachment A
Campaniony, Stephanie
From:
Sent:
To:
Cc:
Subject:
Lopez, Gus
Wednesday, August 24,2011 514 PM
Vazquez, Fernando
Carrasco, Theo
FW: Gerrits Construction Inc JOC Contract
Fernando,
Please see e-mail below from Mr. Gerrits. As soon as I have something from Coastland Construction, I'll send it over to
you for your review.
As a side note, Coastland submitted their qualifications in response to the Restrooms CMR and the Bandshell CMR.
Thank you.
MIAMIBEACH
Gus Lopez, CPPO, Procurement Director
CITY HALL
PROCUREMENT DlVlSlON - 3rd Floor
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7490 I Fax: 786-394-4007 I www.rniamibeachfl.aov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic wmmunity. -& Pkerc consider the envkonment before printing this e-mail ----- .----- -- -
From: David Gerrits [mailto:david@gciconstruds.com]
Sent: Wednesday, August 24, 2011 4:21 PM
To: Carrasco, Theo; Lopez, Gus
Subject: Gerrits Construction Inc JOC Contract
Mr. Carrasco and Lopez
As you know, my previous request to assign my JOC contract was withdrawn since you and others expressed a concern
with DSB's experience and qualifications. With the understanding that the City of Miami Beach sets a high standard,
rightfully so, for contractors to meet, I've taken upon myself to ensure that only a contractor with a proven track
record of providing excellent work is requested for the assignment of my contract.
I am there for requesting that Coastland Construction be considered to assume my JOC contract. I am confident that
Coastland Construction has the ability, capacity, skill and experience and qualifications needed to meet your
expectations. In the near future, Coastland will send you a detailed binder which provides the particulars of their
company and their team, which I'm sure you will be impressed with.
1 In the meantime, please accept this e-mail, as my official request to assign my JOC contract to Coastland Construction.
Should you have any questions, please contact me at 561-901-9209.
Respectfully Submitted,
David P. Gerrits
President
Gerrits Construction, Inc.
PO Box 810813
Boca Raton, FI 33481-0813
561-477-3553
561-477-0876 Fax
www.~erritsconstruction.com
Attachment B
August 25,201 I
Mr. Gus Lopez
and
Dr. Theo Carrasco
Procurement Division
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 331 39
Re: Job Order Contract
Dear Mr. Lopez and Dr. Carrasco:
Please be advised that Coastland Construction hereby accepts all the terms, conditions, and - t
adjustment factors of Gerrits Construction's Job Order Contract (JOC) with the City of Miami
f
Beach.
Attached you will find detail information regarding our experience and qualifications, licenses,
representative projects, references, and resumes of our key employees that will be assigned to
work on your JOC construction projects.
We're confident that your review of the attached documentation, and your due diligence, will
provide you with a comfort level that Coastland is a responsible and responsive contractor.
But please know that we welcome the opportunity to meet and discuss with the appropriate city
employees our commitment to working cooperative and ensuring that all projects completed
on time and within budget.
We appreciate the fact that the City of Miami Beach has a strong desire to work with only the
best contractors. This is evident by the recent Construction Manager at Risk projects that we
responded to: the Bandshell Renovation Project and another for the New Restrooms Project.
We're looking forward to building a long-term partnership with the City of Miami Beach with our
shared goal of completing projects on time and within budget.
president
Coastland Construction, Inc.
A: Coastfarin Cor1siruc;ron WE! p,-~vtdti general contractlng and construction management
servtces rhal tivili niee? VOLJI neecis and exceed your expectations. We have the resources to
b;rr;a plans xfi frult~on. qurckiy and eiric~ently. With sxpertencc tn a broad range of buildrng
methods, we recogn~zt! that every pro)uct reqitires a customized plan. Big enoiigh for large
ideas, yet focused enough to get the derails r~ght, Coastland rs just the rtght size to raclde
yraur brg idea.
REHABILITATlON CENTER
Of- THE PALM BEACHES
ABEL HOLTZ CENTER --
5TH FLOOR CHILDREN'S WiNG
- Completed 1998 * Completed 2001
* Vencor Hospitals * Jackson Memorial Hospital
Complete site development of seven acres * Complete interior renovation of patient rooms,
and construction of new 60,000 sq. ft. nursing patient bathrooms, nurses' stations, ancillary
home and rehabilitation center spaces and neonatal intensive care ward.
SOUTrt FLORIDA CARDIOVASCULAR CENTER 'FW~CTS:
* Completed 2002
Kindred Hospital Coral Gables, 2010
Surgicare Miramar Ambulatory Surgery Center, 2009
Kindred Hospital Hollywood, 2008
Kindred Hospital North Florida, 2005
Kindred Hospital, Ft Lauderdale, 2004
South Florida Cardiovascular Center, 2002
Abel Holtz Center - 5th Floor Children's Wino. 2001 -
Heart Center of South Florida, 2001
* Southern Medical
CatheteE~ation Lab construction including Kindred Hospital, St. Pete~sburg, 2000
lobby, nurses' station, recovery rooms, Rehabilitation Center ofthi palm Beaches, 1998
catheterization surgery suite, and specialized Vencor Coral Gables Hospital, 1993
electrical systems
Cornrnercral prolecis requrre prowess and ski]! C~asttand Construct~on delivers. Our com-
mrtment to eff~crency aorninaros every protect we undertake
We'rs a company that's cornpreher?s~ve enougli for large jobs ye: intinate enough for
modest ceslont;
RETIN4 ASSOCIKES OF MlAknil
MEDICAL OFFICES
SURG iCAL WEIGHT LOSS INSTITUTE
Completed 2004 - Completed 2009
* Dr. Reshid Taher * Dr. De la Cruz
Medical offices for Ophthamologist Group * Interior build-out of new specialty Bariatric
medical offices in Doral, FL
DOCTDRS NOW PROJECTS.
1200 Alton Road Medical Office, 2009
Surgicare Clinic "A", 2009
Surgicare Clinic "B", 2009
Surgical Weight Loss Institute, 2009
Doctors Now, 2008
Retina Associates of Miami Medical Offices, 2004
Completed 2008
=- Dr. Alejandro Badia - * Interior build-out of urgent care center
in Doral, FL
. . .. I
, THE 1
. ~ j
Presrcleni and owner oi Coastlane Constructron, Alejandro E. Fiodrrguem as personally
tnvolved w~th evenr ciienr Thts ~nd~vrdualized anerition enables Coastfand to meer rigid
consrrtrctsan schedules ~vhiie rnamtatrling qualrty at a competitrve price. By overseeing all
pliases of constructron -- from ~nit~al aianning through cornpfetinn -- Mr. Rodriguez provides
cont~nuous con~rnusricatiorl, experl analysis, and immediate response. Clients throughout
So~th Florlcia recoyme the value of hts keen ~ctsight and attention to detail: over 60% of
Coastland's business derrves tram repeat customers 141jth such a history of customer
sansfacnon, you can be assursd thai Alcjandrc Fiodrrguez and the skitled Coastland team
is your perfec! mnner
PALM GARDENS AT M1RAMAR SLJRFCOMBER HOTEL
* Completed 2007 Completed 2009
* Atton Miramar MOB, LLC Hilton Hotels
New three-story, 50,000 sq. ft, office buiiding = Interior renovation of lobby, lobby bar, meeting
and associated site work rooms, restaurant and restaurant restrooms
* Hotel was fully operational during renovation
CORROPAGK CONTAINERS WAREHOLfSE
PROJECTS:
Surfcomber Hotel Renovations, 2009
Monex International, 2008
Palm Gardens at Miramar, 2007
Lan Airlines- Miami Offices, 2005
Corropack Containers Warehouse, 2002
Alemi Office Building, 2001
Office Max - Key West, 1999 * Completed 2002
* Mr. Ernesto Fernandez Palm Beach Corporate Hanger, 1996
* Five-acre site development Shops of Coral Way, 1994
New 50,000 sq, ft. warehouse
Building Ir: S~t~tli Florida presents currarn obs'lacies. Strtcl c~nstructton codes, warzed
rnun~crpal regular~ans. and a flu~tuatrng Iabur force couid easrly c~mpizcare nrojects
Coasiland Constructrnn's per-sonnal b~asr expuricncE at ctty and dsfat Elevels, so we're
weti eqllippeci to snttcrpate and manage thc varrous clernands of buitding in these differenr
venues Tlie company presrdunt rs a second-generat~on genera! contraczor, and Coastfand
has wnrtted predosntnanaly In South Flortda srnce its inception. Th~s comttrnation of
industry exprzrrecce and locaf !<nowledge IS further enhancen by our so~histrcated project
rnaqagernen: infrjrmatron coniairter svstems This technology tracks the progress of every
prnlect, heloing es to malntaln the cnonstructron schedule, organize project documents and
accuratelytraclc costs t.0 stat/ or budget Caasfland has the rtghttools f:, succeed In South
Florida's chalienglng ciimate
FORT LAUDEREALE COMiVIUI'JIJY CENTER SOUTf.1 MIAMI HEIGHTS FIRE RESCUE STATION
Completed 2000 * Completed 1998
City of Fort Lauderdale Miami Dade Fire Rescue Depamnent
New of Ft. Communiv Center * Design and construction of new fire station
KEY LARGO FIRE STATlON 1 PROJECTS
* Completed 1925
Monroe Countv
Ft. Lauderdale Community Center, 2000
Jackson Square Courthouse Annex, 1999
Key West Airport Airside Fire Rescue Facility, 1999
Key West National Weather Center Station, 1999
South Miami Heights Fire Rescue Station, 1998
Belle Glade Correctional, 1996
Glades Correctional Institute, 1996
Key Largo Fire Station t 1, 1995
Key Largo fire station Tri-Rail TVM Project, 1995
* Designed to withstand category 5 hurricanes Dade County Auditorium Renovations, 1994
* Nine-month completion
Cctastland IS dod~cated to each Drolcct from stan to irn~sh Finished means when you're
10050 satisfled Furlhermorc. Coastland nrovides a warranty package and post-completion
serailce thist is second ic nanc. From the initial desrgn, LO the final inspections and thereaf-
ie; rue'll be therc to see :THI' ~icJ ~dea become the complet~ package.
i.AKE STEVENS MiDDLE SCHOOL
GREEK ORTHODUX CHURCH!
DIOCESE DFTHE SOUTH
* Completed 2000 Completed 2006
Miami Dade School Board New Orthodox Church construction
a New parking jot and associated
infrastructure
Complete kitchen renovation PROJECTS
New 20,000 sq. ft. addition
Greek Orthodox Church, 2006
Lake Stevens Middle School, 2000
Presbyterian Kirk of the Keys, 2000
Children's Village, 1997
Marathon HRS Building, 1996
tit Coaslianc! canstr~ict~on, your croject ts our gamf: plan. Prepared, precisc, and productwe,
vour Souti1 Flarida team wili work wth yo[!, keeoing you up-to-date, an budget, and on
sctienuie. Let's Break Ground.
SUNSHINE LAKES APARTMENT REI\JUVATIDN SAGA BAYTDWNHOMES
Completed 2007
* Sunshine Lakes, LLC
Eleven-acre site redevelopment
COUNTRY CLU& VILLAS TOWNHOMES
Completed 2003
Alton Homes, LLC
Construction of 30 new two-story townhouses
* Complete site development and infrastructure
* Completed 2tlQ7
Royal Palm Club Apanments, LLC
Construction of 19-unit townhouse community
including complete site development and
infrastructure improvements
Attachment C
summers in his father's construction company during high school, he acquired the experience and knowledge
to advance rapidly once construction and development became a full time endeavor. .Mr. Rodriguez received
his General Contractors license in 1993 and Roofing Contractors license in 1994. He also routinely attends
courses in management, building codes, scheduling, and safety, as well as trade and product seminars
necessary to stay in the forefront of the construction and real estate industries.
Mr. Rodriguez brings a focused energy and the ability to plan, manage, and execute on all of his projects in
order to accomplish the goals at hand. He is committed and resolute in all of his dealings and motivated to
provide the optimum result in any project. His responsibilities inciude site selection, contract negotiations,
financing, design staff selection, general administration, marketing, project management, business
development, estimating, and subconnactor/supplier relarions. Most importantly, he has the added benefit of
experienced construction managers, architecture and engineering consultants, realtors, project
superinlendents, and office support staff who have worked together for many years.
Work Mistony "w
President and Owner, Coastland Construction, Inc., a general contracting and construction management firm.
Company started upon phasing out my partnership in Rovel Construction,lnc. Coastland Construction builds a
combination of commercial and residential projects with an emphasis on multifamily residential projects and
speciatty healthcare projects in Florida.
Vice President, Qualifier and 50% Owner, Rovel Construction, Inc., general contracting firm specializing in
commercial, industrial, and healthcare construction lor both the public sector and private clients throughout
South Florida. Responsibilities include policy decision-making, project management, estimating, bidding,
contract negotiations, subcontract negotiations, purchasing, scheduling, subcontractor relations, and overalf
day-to-day operations.
* Klndred Healthcare North Florida Hospital Addition & Renovations - Jacksonville, FL
Kindred Healthcare St Petersburg Hospital Renovations - St Petersburg, FL
So, Florida Ambolatory Surgery Center- New 24,000 square foot surgery center - South Miami, FL
LANChile Airlines Cargo Offices- New office construction at four separaucargo buildings Q MIA- Miami, FL
Kindied Healthcare Coral Gables Hospital - Renovations and roofing - Coral~ables, FL
* Orthodox Catliodral Cl~urch -New church and parking facilities - Miami Lakes, FL
* Retina Associates Offices- New doctors offices and parking facilities - North Miami Beach, FL
* Imperial Beauty Supply - Renovation of existing retail space and new parking facilities - Miami, FL
- State of Flor~da Licensed General Contractor # CGC 057347
State of Florida Licensed Roofing Contractor P CCC 057204 - Builders Assoc~at~on of South Florida
Private Pilots License - Instrument
."
Education: - College course work at
Miami-Dade Community College
Graduated Christopher
Columbus High School 1988
Proficient m Microsoft Word,
Excel, PowerPoint, Publisher
Expert in the following software:
-fimberline Project Management .
&Accounting
-Simberiine Estimating
-Primavera SureTrak Scheduling
Software
-Prirnavera Expedition Contract
Control Software
-WinEst Estimating Software
Personal:
Born March 18.1971 in
Miami, Florida to Cuban parents
Married with three daughters
-Enjoys boating, flying,
windsurfing, diving. and fishing
References:
Banking-Ocean Bank-
Guillermo Molina 305-569-5127
Bonding - AON Strrety-
Paul Rodriguez 305-961-5900
Insurance- Collinsworth, Alter,
Nielson, Fowler & Dowling -
Lee Fowler - 305-822-7800
List of personal and bus~rless
references available
upon request
The owner ani; presrdeni of Coa:itland tConstructron, Alejandra E. ~odri~uek, ts a second-
gerierarrorr builder and general cnntractot wllh over 25 years experience In grearer Miami.
Known far j71s camprehensrve aversight, exper: analysis, and atrention to derail, he has
r~restded rtverrnore than 100differen~ p;oj!?cts His clients recognize his thorough dedication
to every prolcc: he talces on--60% ot Coastland's bus~ness derlves from repeat customers.
REHABILITATIOI'd GEWTER
OF THE PALM BEACHES FORT LAUDERDALE GOMR4UNfSY CENTER
a Completed 1998
Vencor Hospitals
* Complete site development of seven acres
and construction of new 60,000 sq. ft. nursing
home and rehabilitation center
* Completed 2000
* City of Fort Lauderdale
New City of Ft. Lauderdale Community Center
construction
LAKE STEVENS MIDDLE SCHOOL
RETINA ASSOCIATSS OF MIANll
MEDICAL OFFICES
* Completed 2004
Dr. Rashid Taher - Interior build-out of urgent care center
in Doral, FL
Completed 2000
Miami Dade School Board
New parking lot and associated
infrastructure construction
Complete kitchen renovation
* New 20,000 sq. ft. addition
PAL-RI? GARDENS AT MIRANIAH SUNSHINE LAKES APARTMENT RENOVATlON
Completed 2007 * Completed 2007 -
a Alton Miramar MOB, LLC * Sunshine Lakes, LLC
New three-story, 50,000 sq. ft. office building Eleven-acre site redevelopment
and associated site work constritction
A challenging position in the area of Construction Management offering the opportunity lo apply analytical and rn
problem solving skills in a growth favorable environment.
Quaiifications - - - -. - -
An experienced senior level construction estimator specializing in the commercial sector offering progressive
experience in: Problem Solving, Staff Management, Schematic Budgets, Proactive Communications, Public
Relations Skills and Analytical Skills.
Work Hlisto~ - "a v . --- -- --
, 3' , " "
Chief Estimator, Coastland Construction, Inc.
Preconstruction servlces for several Coastland projects such as: Pinecrest Gardens Restrooms. NW 131st
Streetscape in North Miami. Surfcomber Hotel Renovat~ons In Miami Beach.
Chief Estimator, Soares Da Costa, CS, LLC.
Preconstruction services for current SDC projects such as: Logik Tower I ($36m), Parc Place Residences (S23m).
Montecarlo Luxury Rentals ($37m), Northstar Resort (S55m).
;z,'trr >d ':nr!:: r: - , 'it.FH .art-
Senior Construction Est~mator, Courtelis Construction Company
Estimated /awarded several projects sucll as: Coral Gables Country Club (Bm), Emerald Dunes Apts, (Bm),
Untversity of Miami Village ($30m), Village @) Melbourne (S14m), Sweetbay Supermarket Q Naples ($5.5m),
Awarded subcontracts, prepared subcontract agreement scopes.
Construction Estimator & Assistant Project Manager, Mursten Construction Group, Inc.
As Construction Estimator: produce a project data sheet by initially reviewing the bid documents (plans,
specifications, etc.); prepare a preliminary scope shoet while reviewing the bid documents in order to ensure
subcontractor scope coverage; prepare and issue an "Invitationto Bid" document which contains brief project
description; maintain subcontractor/ supplier bidder's list;foilow up "Invitations" with telephone conversation
to ensure subcontractor participation; prepare detailed scope sheets in an organized manner (CSI sections);
prepare quantity surveys based on the bid documents provided; prepare and customize estimate sheet to
specific bid; review and ensure proper subcontractor scope coverage on bid day; prepare schematic budgets
based on obtained historical cost data.
Education:
* Florida International University
Miami, Florida
Construction Mana~ernent
Program
Miami Dade Community College
Miami, Florida
Associates Degree in Building - ~
Construction - Florida Atlantic University
Fr. Lauderdale, Florida
Blue print reading and
Estimating courses I seminars.
Languages: - Fluent in English and Spanish
Computer Skills: - Windows Vista & XP
Microsoft Word - Microsoft Excel
* Bid Fax. Prolog
* Expedition
Master Builder
* On-Screen Takeoff Software
WinEst
As Assistant Project Manager: maintain the change order log for two (2) Wal-Mart Super Center projects
located in Coral Springs, Florida; provide proper change order maintenance including issuing several change
orders to Owner and Subcontractors; maintain open communication lines between Owner (Wal-Mart),
Architect, Contractor and Subcontractors.
Work Histow --
Assistant Project Manager, Project Engineer &Tenant lmprovement Coordinator, Miller Solomon General Contractors, Inc.
Grand Bay Towers -Phase 11, Key Biscayne, FL(14 Story Luxury Condominium Bldg.)
-As Assistant Project Manager: maintain the change order log; prepare change orders to Owner and Subcontractors.
-As Project Coordinator: maintain project job site documents sucli as contract drawings, specifications /addenda, RFI log with project
management software Prolog.
-As Tenant Improvement Coordinator: manage construction build-out / tenant improvements; perform wafk-thru tasks with homeowners;
supervise punch list work with subcontractors.
Tenant lmprovement Coordinator
The Townsend Place - Boca Raton, FL (9 Story Condominium Bldg.)
Responsible forthe coordination of construction build-out/ tenant improvements with various construcbon tradessuch as: drywall, painfing,
mechanical, electrical, plumbing; comprise/ analyze the estimated improvement costs and relay those subcontractor costs with markup to
the Owner.
Construction Estimator
Perform quantity surveys and compare gathered quantities with those received, ensuring proper quantity and scope coverage; prepare
schematic budgets based on company historical data and subcontractor expedse feedback; maintain subcontractor invitations / bidders
list including following up with telephone conversations; assist the cliief estimator in any additional preparation of bid process.
General Manager, Coastland Construction, Inc.
Negotiating contracts with subcontractors and major suppliers. Reviewing schedules and payment requisitions
with proiect managers. Communicating with owners and architects in all aspects dealing with several . .
construction projects. Attending meetings and handling all correspondence betwoen the company and the
owners and/or architects. Conducting job site visits to oversee construction superintendents and determine Education:
job progress, areas of delays, or possible delays. University of Miami
B.S. Civil Engineering - 1970
Assistant Director (March 2002 to July 2006). Miami-Dade County Ptlbiic Works Department
Construction. Maintenance and Land Development
Acting Assistant Director (December 2001 to March 2002), Miami-Dade County Public Works Department
Responsible for the administration of the Construction, Road, and Canal Maintenance and Land Development
Divisions. This position handles complex Public Works projects, recommends policy positions, and writes County
Manager reports to the Board of County Commissioners, Mayor and other organizations/agencies. Assist in
developing budget reports and corresponding documentation prior to and subsequent to each budget cycle.
Handles an operating budget of $25 million and a capital budget of $145 million. Has 318 full time County
employees plus 42 non-supervisory consultant employees.
. '2% 'L'r' . "9, 4 ,
Constrtrction Manager Ill, Miami-Dade County Transit
Palmetto Metrorail Extension: Transitway Contract -S7 Million, Station Ik Parking - $6.5 MILLION
Directing and monitoring the CE&1 Consultant. Coordination with the design consultant, the Public Works Access
Road Contract, City of Medley, and other agencies. Preparing reports and attending meetings with the Federal
Transit Administration staff and their consultant. Some of my duties included determining work quality and
conformance with the contract drawings and specifications, checking work progress, discussing with
consultants and contractors ways to recover when work falls behind schedule. Approving Contractors' and
CE&I Consultant's monthly pay request, ensuring appropriate charging of man-hours costs, communicating
projecl progress/status to senior management and alerting them of project production, quality control, safety,
and ftnaiictal performance problems. Coordinating and participating in contract change orderslclaims
negotiations with contractors.
-
Several Capltal Improvements Projects -Design And/or Construction
Direct admrnistration of vartous contracts and two major procurement contracts for the Palmetto Metrorail
E~ens~on: Same duties as those described above.
Work Histow - - -" - -- --
Project Manager, Urban Organization, Inc.
Negotiating contracts with subcontractors and major suppliers. Proposing schedules and payment rsquests. Communicating with owner
and architects in all aspects dealing with several construction projects. Attending meetings and handling all correspondence between the
company and ttie owner and/~r architects. Conducting weeltly job site visits to oversee constructi~n superintendents and determine job
progress and areas of delay or possible delays; planning further progress by developing two and four week Look Aheads.
Engineer, Miami-Dade County Transit
Directing and monitoring construction management consultants for the Metr~mover Extension Project Determining work quality and
conformance w~th contract drawings and specifications. Checking that work progresses as scheduled; discussing with consultants and
contractors ways to recover scheduie when work falls behind. Approving contractor's payment requests: ensuring appropriate charging of
man-hours, costs, and expenses to the projects; communicabng project progress/statuslo senior management and alerting them ofproject
production, quality control, orfinanciai performance problems. Coordinating and participating in contract change orderslclaims negotiations
with contractors. Admintstertng contract closeout interfacing with various private and public agencies. Holding job progress meetings:
meeting with contractors, consultants, and different agencies.
President, Rovel Investment, Inc.
Designing and developing three single-family residential projects. Purchasing land, platting, developing land, and building construction,
from permitting to final acceptance.
President, Romart Construction, Inc.
Running a construction company, grossing 910 million yearly. Overseeing the different departments of the company such as estimating,
purchasing, accounting, and construction. Conducting meetings with department heads. Negotiating contracts with owners and
subcontractors. Working on-financial reports with independent accountant Attending to legal and banking matters. Interviewing prospective
personnel. Hiring architects and engineers to prepare plans. Writing annual emptoyee evaluations. Creating company employee, quality
control, and safety manuals. Reviewirig job progre5, costs, and claims. Negotiating group health insurance and profit s6ring plan. See
attached list of projects.
Work Hisrtory -7--.--....... -.
Senior Project Manager, Pavarini Construction Co. (Jeddali, Saudi Arabia)
Bidding for a $15 million water plant project. Purchasing and preparing construction materials far exportation to Saudi Arabia. Setting up
camp, both living quarters and office spaces. Overseeing operation of the project hiring, bookkeeping, negotiating with subcontractors.
preparing change orders, interfacing with owners and inspectors, preparing payrolls, and negntiating with banks. Overseeing 120 employees.
$7 ' ' r, ' " *'
Owner, O.P.R. General Contracting
Constructing and remodeling residential homes. Estimating and bidding for small size government projects. Preparing and submitting shop
drawings and project data. Negotiating change orders. Interfacing with owners and subcontractors.
Project Manager, Camvcrt Development Corp.
Overseeing the construction of a 208-unit apartment building.
Project Design Engineer, Miami-Dade County Public Works Department
Designing highway and drainage projects. Supervising one Draftsman I1 and three Draftsman 1.
State of Florida Professional Engineer
State oi Florida General Contractor
wugecuwe
To utilize my leadership, knowledge, management skills, and abilitiesto pay close attention to detail and to
ensure the highest quality standard possible.
, A 2 , " , e "'
Construction Manager, Coastland Construction, Inc.
Construction of 96-untt apartment buiiding complex in North mi am^. Project consists of three 32-unit garden
style buildings, 32,000 square foot precast parking structure, and installat~on of site utilities, paving, drainage,
water, sewer, irrigation and landscaping. Construction of 7,600 square foot high-end stngle family residence in
Miami Dade County.
Construction Manager, Chelle Construction
Coordinated underground installation of sewer-water-drainage systems, including all utilities. Produced
construction schedules for all trades and ensured all work meets standardsfrorn startto finish. Worked closely
with Engineers and Architects t~ ensure revisions are completed promptly. Established a rapport with buiiding
off~cials and Inspectors and gamed their confidence. Supervised all construction aspects of trades and made
punch list to ensure quality.
Constructton Manager, Trafalgar Associates1 HDC Associates
Built a communi~y of 600 homes and 15,000 square foot club house tn Aventura Laltes. Btr~lt an 88,000 square
foot tilt-up warehouse tn the Doral area and vartous other commercial buildings. Built two custom homes in
Coral Gables and Pinecrest.
Area Manager/Construction Suporintendent, Lennar Homes
Built and supervised over a thousand homes in rnulti commitnities in the Doral and surrounding areas.
Implemented protocol of scheduling work and meeting standards that is still in use today at Lennar. Entrusted
to handle the more challenging projects for the company.
Ass~stant Superintendent1 Superintendent, Weltzer Corporation -
Built and supervised homes in multi communities. Gamed experience in all levels of the construction process.
Computer Skills:
Microsoft Outlook
Microsolt Word
* Primavera Contract Manager
SureTrak
Honors & Activities:
Member of Optimist lmernationol ,
(Friend of the Youth) for 25 years
References:
Available Upon Request
work Wistbry I
<&> $ 5 <>\ , v
superintendent, Coastland Construction, Inc.
~ * $3
Pinecrest Gardens Restrooms
New construction of restroom facilities in the historic property of Pinecrest Gardens (Formerly Parrot Jungle).
,; ,S - 38 i r
Kindred Hosp~tal Hollywood
Remodeled 70,000 square foot hospital including 50 patient rooms, intensive care unit, administration offices
and service corridors.
/?$ 2" ::> -'51$$$
Palm Garden at Miramar
46,000 square foor Medical office high-end finish.
Miramar, FL
;,;*> fl ';;%
371 1 Alhambra Circle
5,000 square foot high-end residence.
Coral Gables, FL
Rodriguez Beach House
4,000 square foot beach front residence high-end finish.
Great Harbor Cay, Bahamas
4205 Lonnox Drive
4,000 square foot high-end finish residence.
Coconut Grove, FL
*
Education: - Miami Dade College
Associates in Science
Business Administration
Graduated December 2000
Miami Dade College
Associates in Science
Professional Piloting Technology
Graduated December 2002
Training:
* Construction Institute Estimating
*Timberline Project Management
Expedition Project Management
Emberline Estimating
*Commercial Pilot
References:
Available Upon Request
B & C InvestmentProperties
Buylng and selling foreclosed properties.
Attachment D
Lopez, Gus
From:
Sent:
To:
Subject:
David Gerrits [david@gciconstructs.com]
Wednesday, August 24,201 1 4:21 PM
Carrasco, Theo; Lopez, Gus
Gerrits Construction Inc JOC Contract
Mr. Carrasco and Lopez
As you know, my previous request to assign my JOC contract was withdrawn since you and others expressed a concern
with DSB's experience and qualifications. With the understanding that the City of Miami Beach sets a high standard,
rightfully so, for contractors to meet, I've taken upon myself to ensure that only a contractor with a proven track
record of providing excellent work is requested for the assignment of my contract.
I am there for requesting that Coastland Construction be considered to assume my JOC contract. I am confident that
Coastland Construction has the ability, capacity, skill and experience and qualifications needed to meet your
expectations. In the near future, Coastland will send you a detailed binder which provides the particulars of their
company and their team, which I'm sure you will be impressed with.
In the meantime, please accept this e-mail, as my official request to assign my JOC contract to Coastland Construction.
Should you have any questions, please contact me at 561-901-9209.
Respectfully Submitted,
David P. Gerrits
President
Gerrits Construction, Inc.
PO Box 810813
Boca Raton, FI 33481-0813
561-477-3553
561-477-0876 Fax
www.gerritsconstruction.com
@ I MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive. Mia i Beach, Florida 33139, www.mlarnibeachfl.gov
PROCUREMENT DlVlSlON
Tel: 305-673.7000 exl. 6230. Fax: 786.394-4624 I
I Date: Ausust 9, 2011
Company Name: Coas tland cons tiuction Tnc .
Point of contact: Ale j andro .~odric)uez, President
I
Phone and Email: (305) 669-1 740 1 alexr@coastlandci . rrnm
Please evaluate the performance of the Campi ny (1 - poor; 10 - excellent).
I NO I CRITERIA I UNIT IS CORE^
- .- - - I 1 ] Ability to manage the project cost (rninimizb change orders) 1 (7-10) 1 jo 1
2 Ability to maintain project schedule (cornpl#te on-tlme or early) 1 (1-10) I 1.'
Overall Comments: I
Company provi
Contact Name:
Contact Phone
Date of Services: .- - -
Dollar Amount r q,/ 7 %vices:
$351,467.12
/
Please return this questionnaire to ~heol Carrasco by ~u~kt'8, 20?2, via fax to
786.394.4624 or e-rnail theocarrasco miami acM. ov. 0-
Mny 5.201 1
City af Miarnl Beach
RFQ No: 42-1 W11
6B 01 48
PERFORIJOANGE EVALUATION SURVEY
RFQ 42-1 014 1
Bere: Auaiist: 9. 2UL1
Company Name: Coas ti and Con..; true tior: !.i~r,---.- ----
point d contact: G.l."j.".nd_rn Rodl:i.yue?, President -
ph~n~.andfma@: -(3i)!!I i:(i9-i+?dO i aIexrfdc!~anrl&cm
Pisase evaii~zte Me perfomlance of Hie company (1 - paor; 10 - e~celien!)
... p---.
Nil ' GRtfERiA _-_ -- , . .-
I ( Abilily io manago ttle project ccst (minim,?& change ordersj --- ... ......... ..... ."* -
--. .------."-~- ""
I payment 10 suppliers and subcontr~ctars) - ..... .- ....
.........
.....
....... .........
Uvttralt Comments:
&~n~~~m~urs spb~pwFP99&w~ -----
riaasr: i-sturr, this questionnailz to Vheo Carlass;t: by Atigusr t, 2011, vie tax tr,
788.594 469L elr &.rf-,eii &~acam~sco@miamjbea~_t~f&c~
MIAMIBEACH
Clty of Mlaml Beach, 1700 Convenllon Cenler Drive, Mlaml Beach. Florlda 3313Q, wvm.rnlarnlbeachll.gov
PROCUREMENT DIVISION
Tc1. 305.b73.700t) ex1 6230, Fax 7843394.4624
PERFORMANCE EVALUATIQN SURVEY
RFQ 42-10M-I
Company Name: Coaafland....Cons~c.tf on a[&
Point of Contact: Alej andro .Rodrigueq, President
P'honeand Emall: (3051 669-174Q / al-cid.om--
Please evaluate the performance of the company (7 -, poor; I0 - excellent).
Company prnvlding Referral; Xind.~-ed k5e~Lthcar-e HoLlywqod Hqspl_tal --
a Contact Name: Mr- Denn.i% Waehtel ,. ----Ms. ,-, --., , -
Cantad Phone and Email: J5.02 1 Sg&& ' fi&&d-e,w-.
June 2008!.: =~=9 Date of Sewlces: ,
Pallar Amount for Sewims:
--.be
$1 333 400.00 &..-L. .a-
Pleaso return this questionnaire to Theo Camsco by August 8, 2091, via fax t~
986.394.4624 or e-mall ~eocarrasco@miamibe$chfl.aav,
Mny 5, ZOl? RFP No. 42.qa1i-i
CIIY or Mnml Beatli do dna
Clty of Mlaml Beach, 1700 C~n~tnll~n Conler Drive, Mloml Aeach, Florida 33139, www rnlamlbcachfl yov
PROCUREMENT DIVtSION
Ti?: 305.(r7&7000 ex1 6230, Fax. 706.3944624
PERFORMANCE EVALUATION SURVEY
RFQ 42-1 011 'I
Date: Aususk .9. 1 I
Company Name: Coas tland Cons truct.iamc.
PoiM of Cantaot: Alej andm Radriquez + President
Phone and Emaif: ( 305 669-1 740 / al~@comri P- d
Please evaluate the performance of the company (1 - poor; 10 - excellent).
I MQ I CRI'IERIA I UNIT ISCDRE~
Overall Comments
Company providing Referral; 17. , Mil ton 8 Assbcia tes --
Contact kame: Mr. Frank Mi f,ton .-_ _ __ ---.---- _ ..
Contact Phone and Email: GO5 )46&-6300 Srap-~a- ,, .
Date of Services; February 2007 - D~gzrnber ZD07 .. .-
Dallar Amount for Services:
$4,248.256.00
Please return this gusstionnaire to Theo Carrasco by Aar$usP 8, 2D'?S, via fax to
786.394,4624 or @-mail theocarrascodmiamibeachfi.~,
RFQ No: 42.10t11
48 Of 48
Clty or Mtarnl Bcoch, 1700 C~nV~lt'Itl~n Cenlef Drlve. Mlaml Bcath, Florida 33739, www mlamlkachll g~v
PROCUREMENT DlVlSlON
Tot: 305.673.7000 oxt 6230. Fax: 786.394-4124
PERFORMANCE EVALUATION SURVEY
RFQ 42-1 OM 1
Data: Auaust 9. 2013
Company Name: Coastland Con$&ruc.tion Inc.
point of ConQct: Alejandr~ ~odriquez, President
Phone and Email: (305) 669-1 740 / alexj-&pasi-t prim
Please evaluate the performance of the company ('I - paor; 10 - excellent).
Overall Comments:
eferral: .----.-... United Property Mananqemqnt
Contact Name: '.. Mr. Cecil Milton __-_-.- -_.-.- ___.
contact Wmne and Email: ( 3 05 1 460-,6300 ces~?.~~o~@~~~d~ropr~t~m~ b-~~m!. --. .. .
Date of Services: _-.-aqe-~ SJJ-.-NQV~ h~ 7 0 ~r - -- -
Dollar Amount for Services:
87,350,000.00
Please return this questionnaire to Theo Carrasco by August 8, 2077, via fax ta
May 5,201 1
Cliy nl Miami Poach
RFCI No. 42-iOli I
48 ot 40
Attachment E
'ruts CEIZTII:I(:A.I'I~ OI? ~(:CI:~~AXCS 1.s VALI~) FOI~ ~t~i.: C:OSI)~~IOSS SLVI~EI~ si;~v~ .\TI) I;OI< .XX L:~[.IAII.VI:I) '~IAIK~
L:SI.I:.SS RKVOYEI) I:OIZ cn~!sti, rlnu\:loen r.tl~ occurast:y co,\lrll.llis \sl-i.n .~I)I'LIC,IOI.E ('oI)L' REQLIII~EIIEXTS
01: MlAMl-DAI>E COIINTY. 1'Rf)Vlnl:l) 'l'flEliI3 IS SO CllANCE t)l'OCI:L!I':\SCY AX11 So EXl.~il<f;~Rll~\'T,;!1~S1:R:\'1'10K
01'. ADDSFION tS TiIE Bl:ILULN(: OR SI'tIVCSCiKE. SUClf CIIATGES IIEQLIIIE h SKI\' ('E1TTIFIC,\'SI: 01. OCC1'I1~NC'\..
fOlt USE O'1'PtKlt i'llrriK S1St';l.b; t:A~Itl,\' 1fESII)ENCR. 'I'O\VSflOliSJ <PI< L)LIIiI.ES.
Till', 1'138M:\\t:X'J' L'ER'l JIW,i'IE OF OC'CUI'AN(:S
'** IS xwr nx au~~ror~~zss~o.~ 'so us .rat 1ivlr.ntsc:. --s
l'l.K,!SP: CoherA[7'rlte arr,\rlr-n,\ol: DISI*;\KTMI:XS OI'YI..ASSIYG ,\XU %O%INC.
I'l'.l\hll'l'96C'ftON :Vr 386.315-2666 Ft3H ,\ CCER'I'II:IC~4'I'l~ OF' I!.'): AS !VEI.l. AS 'SIIf:
OC:CUP.4TIOSAI. L.I('i!YSE ~JFI:l(.'l! .Vl'3UI-17M'MY FOI<'I'IIElK ItEQGfi<EMl'N'i'S.
BUILIIINC; OE'I:tUI,\I.: CI4AHi.I:S I~hSOl~R. I'.E.
lT117 NO: Hll ll,CK*lltb
l'l~O('i,SS \l!>f1313{: lTi~!l IittIU105
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1010412010
FENCE
lll~ll.l)fN(~ DEPAIYl'%IERRf'
11Nfl5 S.\I'. 26 ST. hl1.-\\ll. FL 33175
I'ER5lANI<N'i' C'ER'TIFICATE OFOC:CL%':\NC\
FOLIO: 3021351JO00139
ADDRESS: 10970 N+V 14 ..AVE
OCCUPANCY TIYE: R
OCCLrPANCY PER FLOOR: 999519
LOAD PER FLOOR: 40
MAILING AnDRESSICONFACT PERSON: 1,EGAL DESCRIPTION:
SU?YSHINE LAKE I,LC 35 52 41 6.96 AC
3211 POYCE DE 1,EON LiLW BEG SW COR OF SE114 OF hTVlN OF
COlt4L GABLES Fl.
PROPOSED USE: 520
APAItTMEHTS #d
CONDI'TIONS:
DATE OF CO ISSUANCE: 07113R011
TIXIS CERTIFICATE M U S T B E P 0 S T E D ON PREMISES
THIS CGRTIWCATB OF OCCUPANCY IS VALID FOR THE CONDITIONS STATED ABOVE AND FOR AN UNLIMITED TIME,
1lNLES.S REVOKED FOR CAUSE. PROVIDED THE OCCUP~CY CO.MPLIES WITH APPLICABLE CODE REQUIREMENTS
OF MIAMI-DADE COUNTY, PROVIDED THERE IS NO CFIANGE OF OCCUPANCY AM) NO ENLARGEMENT, ALTEMTION
OR ADDITlOE IN TIIE BUILDING OR STREJCTIJRE. S[JC8 CHANGES WQLnRli A NEW CERTIFICATE OF OCCIJPANCY.
POH USE OTHER THAN SINGLE FAMILY RESIDENCE, TOWNHOUSE OR DIR'LEL
THE PERMANENT CERTIFICATE OF OCCUPANCS
*'" IS NOT AN AIiTHORIZATION TO llSE THE BUILDING. ***
PLEASE COhTACT THE MlAMbDADE DEPARTMF,NT OF PLANNING AND ZONING,
PERiVIT SECTION AT 7Rt-315-2646 FOR A CERTIFICATE OF USE hS WELL AS THE
OCCUPATIONAL LICENSE OFFICE AT 3052704949 FOR THEIR REQUIREMENTS.
BUILDING OFFICIAL: CtlAR1,ES DANGEQ P.E.
BIflLDING PERMIT NO; 30100S19&5
CERT NO: 20f 1046959
PROCESS NUMBER. HLUL10I19IO
DLDG CODE: FBC VER: 2007
MIN. CONST: 5 GROUP:
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Bldg CO Release Date: FBC 2007
GENERAL (COUNTY)
0711 31201 1
BUILDING DEPARTMENT
11805 SW 26 STREET, HIMIS, FL 33175
PERMANENT CERTIFICATE OF OCCUPANCY
FOLIO: 3040310190001 BUILDING PERMIT NO: 2012025295
ADDRESS: 11251 SW 88 ST CERT PW: 2011043892
OCCUPANCY NPE: R
OCCUPANCY PER FLOOR: WA
LOAD PER FLOOR: 00040
PlIN. CONST:
GRWP :
PROCESS NO: HZD11011Zfj7
MAILING ADDRESS/CONTACT PERSON: LEGAL DESCRIPTION:
PINE GROVE CONDO DESC
N KENDALL TRACT PB 86-68
PROPEED USE: 0520
FIRE STOP WALLS
DATE OF CO ISSOAPJCE: 06/23/2011
THIS CERTIFICATE M U S T B E P 0 S T E D ON PREMISES
THIS CERTIFICATE OF OCCUPANCY IS VALID FOR THE CDNDITIOMS STATED ABOVE AND FOR AN UNLIMITED TIMES
UNLESS REVOKED FOR CAUSE, PROVIDED THE OCCUPANCY COMPLIES WTH APPLICABLE CODE REQUIREMEWS OF
BAMI-OADE COUNiY PROVIDED THERE IS Nb CHANGE OF OCCUPANCY AND NO ENLARGEMEW, ALTERATION OR
ADDITION IN THE BUILDING OR STRUCTURE. SUCH CHANGES REQUIRE A NEW CERTIFICATE OF OCCUPANCY.
FOR USE OTHER THAN SINGLE FMILY RESIDEWE OR DUPLEX,
THE PERMANENT CERTIFICATE OF OCCUPANCY
IS NOT AN AUTHORIZATIQN TO USE THE BUTLDING. Z+M
PLEASE CONTACT ME MIAMI-DADE DEPARTKENT OF PLANNING AND ZONING,
PERMIT SECTTON AT 786-315-2666 FOR A CERfIFICATE OF USE AS WELL AS THE
OCCUPATIONAL LICENSE OFFICE AT 305-8704949 FOR THEIR BEBUIREENTS.
BUTLDIPIG OFFICIAL: CHARLES DANGER, P.E.
I I THIS CERTIFICBTE MUST BE PROMINENTLY DISPWZD 1 $CWS COMMERCIAL-BUSINESS 6 PERMrr NUMBER: PROPERTY ADDRESS: FOLIO: DESCaPTIQRI: OWJNER'S WAME: OWNER" ADDRESS: FBC 2004 - REV 06 (12/8/2006) TYPE TI A YES 'HE BUILDWG ERECTED ARDIOR ALTERED UPON THE ABOVE PREMISES HAS BEEN COMPLETED IN ACCORDANCE WITH ' fZOfWMG AND CODE REqUiREWElilTS AND WITH PLANS AND SPECIRCATIONS SUBMITFED TO THE CITY OF DORAL BUILDING DEPARTfrlENT. THIS CERTIFICATE IS ISSUED TO THE ABOVE NAMED APPUCAW FUR THE ABOVE NAMED LOCATION ONLY UPON THE EXPRESS CONDITION THAT THE APPLICANT WLL ABIDE BY AND COMPLY WITH ALL APPLICABLE ORDINANCES AND/OR BUILDING CODE5 PERTAIPITNG TO THE EREE;TTON. CONSTRUCTION, ALTERATION, REMODELING, OR USE OF 'BUILDINGS OR STRUCTURES. SERGIO T. ASCUMCE BUILDING OFFICIAL
cln OF MIRA~R~
2200 Civic Center Place
Mirantar, Florida 33025
Community Development Department
THIIS IS A FINAL CEWTfFfCATE OF' OCCUPANCY
Certificate of Occupancy No.: BLD10-02765-001 Building Permit No: BLD10-02765
Total Amount Paid: $ 80.23
Owner:
Building Address: 14601 HOTEL RD UNIT#B-1A
Legal Description: TRAMMELL CROW INDUSTRIAL CENTER 166-1 8 B POR
PAR B AND PAR D DESC AS:COMM SW COR SAID PAR
D;NW 297.17.E 215.57 TO POB NW 150.90;E 20, NW
Lot: Block: Parcel Nurn ber: 51 -40-22-04-0045
Subdivision: TRAMMELL CROW IND CENTER
Occupancy: Commercial
C.O. Description: INTERIOR BUILD-OUT FOR (CSZAJNERT MD.MEDICAL OFFlCE
Date of Finaf inspection: 5/26/11
Buildings: Units: Floors: Bdrms: Baths:
Contractor:
COASTLAND CONSTRUCTION INC
RODRIGUEZ, ALEJANDRO
4661 SW 71ST AVENUE
MIAMI, FL 33155
This Certificate issued pursuant to the requirements of the Florida Building Code or Florida Building Code certifying that at the time
>f issuance this structure was in compliance with the various ordinances of the City regulating building construction or use.
10TE; This certificate is issued to the above named, for the building at the above named location ONLY upon the express
rovision that the applicant will abide by and comply with all of the conditions of the Zoning Ordinances and all Ordinances or
uilding Codes of the City of Miramar pertaining to the erection, construction or remodeling of buildings or structures. This
Iso certifies that the electrical wiring and or equipment, and the plumbing work have been inspected and approved, The
suance of this Certificate grants permission to occupy and use the property described herein only for the use indicated. Any
iange in use will require a new Certificate.
POST IN A CONSPICUOUS PLACE
CITY Of MIRAMAR
2200 Civic Center Place
Miramar, Florida 33025
Cornmrnunity Development Department
THIS IS A FINAL CERTIFICATE OF OCCUPANCY
Certificate of Occupancy No.: BLD08-02471-001 Building Permit NQ: BhQ08-02471
Total Amount Paid: $ 80.25
Owner:
Building Address: 14601 HOTEL ROAD 51 C
Legal Description: TRAMMELL CROW INDUSTRIAL CENTER 166-1 8 B POR
PAR 3 AND PAR D DESC AS:COMM SW COR SAID PAR
D;NW 297.17,E 215.57 TO POB NW 150.90;E 20, NW
Lot: Block: Parcel Number: 51-40-22-04-0045
Subdivision: TRAMMELL CROW IND CENTER
Occupancy: Commercial
C.Q. Description: INTERIOR BUILD-OUT FOR PALM GARDENS (01C)
Date of Final Inspection: 311 8/09
Buildings: Units: Floors: Bdrms: Baths:
Contractor:
This Certificate issued pursuant to the requirements of the Florida Building Code or Florida Building Code certifying that at the time
of issuance this structure was in compliance with the various ordinances of the City regulating building construction or use.
3- ao-
NOTE: This certificate is issued to the above named, for the building at the above named location ONLY upon the express
provision that the applicant will abide by and comply with all of the conditions of the Zoning Ordinances and all Ordinances or
Building Codes of the City of Miramar pertaining to the erection, construction or remodeling of buitdings or structures. This
also certifies that the eiectricaf wiring and or equipment, and the pfumbing work have been inspected and approved. The
issuance of this Certificate grants permission to occupy and use the property described herein only for the'use indicated. Any
change in use will require a new Certificate.
POST lN A CONSPICUOUS PLACE
FOLlO: 302135UOMtI 39
ADDRESS: 10946 UH I4 AYE
OCCUPAWCY TYPE: H
OCCtlPAFr'CY PER FI,OOR: 99999
1.0.4D PER FLOOR: 40
B{:ILI>IX(; l>i:i2:xiz'rwwv
11805 S.\X. 26 Sf. \lI.\%Il. Ft. 33175
F'EKMANIWl' ( ERTIFII'A'I'E OF OC<'I:PANCI
MAILING ADDRESSICOWACT PERSON: LEGAL DESCRIPTION:
35 52 41 6.96 AC
REG SW <:OR Otz SEIi4 OF hlt'1lJ OF
PROPOSED USE: 520
YEN 13L~Ii.I>lNC; K
CONMTJONS:
DATE OF CO ISSUANCE: 06/27/2011
THlS CERTIFICATE M US T B E P O S T E DON PREMISES
TNfS CERTflilCATE OF OCCUPANCY IS VALID FOR THE CONDITIONS STATED AROVE AhD FOR AN IJNLIMITEDTIME,
UNLESS REVOKCD FOR CAUSE, PROVIDED THE 0CCIIPANCY.C~Ml'LIES WITlf APPLICABLE CODE REQWREMEkTS
OF MIAMI-DARE COIJNTY, PROVIDED THERE IS NO CZIANGE OF OCCUPANCY AND NO ENLARGEMENT, ALTERATION
OR ADDITION IN TlfE BIJILDING OR STRIICTURE. SUC1j CHANGES REQUIRE A NEW CERTIFICATE OF OCCLIPANCY.
FOR USE OTHER THAh' SINGLE FAMILY RESIDENCE, TOWNHOUSE OR D1PIdEX,
THE PERMANENT CERTIFICATE OF OCCUPANCY
*LI~ IS NOT .C"i AWHOR124TION TO USE THE BUILRINC. "*
PLEASE CONTACT THE hllAMI-DADE DEPARTMENT OF PLANNING AM) ZONING,
PERkUT SECTION AT 786-315-2666 FORA CERTTIFICATE Of USE AS WELL AS THE
OCCUPATIONAL LICENSE OFFICE AT 305-270-1949 FOR THEIR REQIIIREMNTS.
BUlLDlNG OFFICIAL: CHARLES DANGER, P.E.
BUILDING PERMIT KO: 20lV057154
CERT NO: 201 1044253
PROCESS NUM8EW: R201101f3Z.5
BLDG CODE: FBC VER: 2007
MIN. CONST: 3 CROUP:
GedifIcafe of Completion
City of Coral Gables
Parcel Address 41 10 UNIVERSITY DR Permit Number: BL-08-42-1364
CORAL GABLES, FL 33146-1 139
Legal Description: CORAL GABLES COUNTRY Project Description: -l STORY
CLUB SEC PT 5 LOT 8 & ADDlTlON(375Sf ),TRELLIS(#O
NELY25.01FT LOT 9 BLK 97 PB SF),INTER
23-55 LOT SIZE 97.600 X 125 ALTER(224SF),PATIO
Parcel Number: 03-41 49-003 -4460
Owner: RODOLFO DUNIENIGO &W GEORGINI Permit Holder: COASTLAND CONSTRUCTION
INC
This is not a Certificate of Occupancy which is required on all uses other than single family
before a structure can be occupied.
f
INVALID WITHOUT AN APPROVED SIGNATURE
CERTIFICATE OF @E~~P~~I(I@Y ME 477%
CITY PF SOCTH MI 4fvll. FLOKID.4
4- fib /,
[ -4 A+- 1. Nm~e of owner . ~~i < e,,'. - - F 3. Address k - 7, ' ,--i --;;-
i,
3. Name of Occupant A+&-: -a;$.- L-,: ,,$i;,,
F-
2% - - " *- i f 4. Address of psopesty receiving C.O. 1 L f 2 L J-, d-) *+ i A
5. ~ypc of Use /Cx >jz, (: dul / 8% 1
6. Busilless or Tfiide Name (if any)
7. Amount of fee paid u it11 this application 5 2~6 "
8. Other pzr~nirs and licenses applied fi>r or obtained:
Elcctl-ial Pern~it No. 15 7ef Dare ij gu ;
Buildinr Permit No.
Plurnbing Per~nlt No.
Mechai~cial Pesmlr No
10. Application app
-" I I. Use approved:
CERTHFBC.4YE PF QjBCCUPAHCY
Issued (date) q/ [z j' 1 ! ,
2007 FLORIDA BUILDING CODE TEMPORARY VILLAGE OF PINECREST 11000 SW 57 AVE NEW BATHROOMS - LOWER GARDEN THE BUILDING ERECTED AND/OR ALTERED UPON THE ABOVE PREMISES HAS BEEN COMPLETED IN ACCORDANCE WlTH ZONING AND CODE REQUIREMENTS AND WlTH PLANS AND SPECIFICATIONS SUBMITTED TO THE VILLAGE OF PINECREST DEPARTMENT OF BUlLDlNG AND PLANNING. THIS CERTIFICATE IS ISSUED TO THE ABOVE NAMED APPLICANT FOR THE ABOVE NAMED LOCATION ONLY UPON THE EXPRESS CONDITION THAT THE APPLICANT WILL ABIDE BY AND COMPLY WlTH ALL APPLICABLE ORDINANCES AND/OR BUILDING CODES PERTAINING TO THE ERECTION, CONSTRUCTION, ALTERATION, REMODELING, OR USE'OF BUILDINGS OR STRUCTURES. LEO LLANOS, LDING OFFJCIAL OCCUPANCY: ASSEMBLY GRP A-3 3/1/2011 TCO EXPIRES ON: 6/1/2011
Hdb CZT~~;~OF BEAC~
Building Depament
I700 Convention Ctr Drive, 2nd Floor
Rlinmi Beach, Florida 33139
Inspections: (305) 673-7370
Office: (305) 673-7610
Certificate of Occupancy
Certificate Number: 38C010043
Status: PlLPFROVED
Btm,RAMH
Site Address: 1200 &TON RD BZBCB
Parcel #: 32340250080
Tenant WBEACH
1200 ALTON RD
MLBMI:BEACH,FL 33139
Issued By
Applied: 12/02/2009
t Issued: 12/23/2009
Extended:
1 To Expire: 02/06/20 10
Property Owner: ALANAR INVES
C/O WA CANTE
1140 ALTON RD 33 1394708
Class Code: B
Issued For: TCO for Change of Use 10 Aparhnent units Bldg to
Temporary Expiration Date:
Current Use: Businesd Doctor office
Previous Use: ResidenW Apartments
--
OCCWANCU INFORMATION
Building Permit #: B0606 137 Zoning Use District: CD-I
Occupancy Group: B Construction Type:
Maxim= Occupant Content Minimum Number of Exits:
Zoning Ordinance Number: 89-2665 SS # or Taxpayer ID#:
This is to certify that the above tenant, whose address is noted above, has filed for prdssion to use the property
located at the address noted avove, and said proposed use or uses being in comformity with the provisions of the
zoning ordinance 89-2665 and the Building Code of the City of Miami Beach, a Certificate of Occupancy is hereby
granted to use said building for the purpose descnied below, subject to any special condition@) detailed in this
document.
NOTE.. Any unauthorized additions, alterations or change in use ofthis propee tvill void this Cept~$cute of
lllzis Certz$cate of Occupancy 13 valid on[y zythere is an APPROVED Status and a Building C@ciaI Si4mtti.re.
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Case /Application / Permit Number
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85CE18 GITILEW WCCESPM
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City of Miami Beach Building Department
TEMP: Temp Certificate of Occupancy
BLDG: Building
1200 ALTON RD
Miami Beach, FL 33139
32390.225.00~.!2
201 0-02-06
FINAL
N/ A
$0.00
$712.50
$712.50
$0.00
TCO for Change of Use 10 Apartment units
Bldg to 2 Doctor Oftices & 11 exams rooms.
Note: This TCO is approved for 45 days only
with the following condition: Before final CO
bldg recertification BR090150 must be
completed
View Map (Cl~ck the "Back" button on the browser to return to Perrnrt Manager.)
Name ALANAR INVEST LTD
Business N/A
Relationship OWNER
Phone N/A
Name CQASTLAND CONSTRUCTION
Business N/A
relations hi^ APPLICANT
Phone N/A
Name MIAMI BEACH MEDICAL GROUP
Business N/A
Relationship TENANT
Phone N/A
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Page 1 of 1
Attachment F
CONSENT TO ASSIGNMENT
AND
FIRST AMENDMENT TO JOB ORDER CONTRACT (JOC)
NO. 22-08/09
WITH
GERRITS CONSTRUCTION, INC. DATED JULY 15,2009
The Consent to Assignment and First Amendment to Job Order Contract (JOC)
No. 22-08/09, to provide Vertical Construction Projects, dated July 15, 2009, is entered
into this 1 gth day of October 201 1 (Effective Date), by and among the City of Miami
Beach, a Florida municipal corporation, whose address is 1700 Convention Center
Drive, Miami Beach, Florida 331 39; Gerrits Construction, Inc., a Florida corporation,
whose principal address is 8177 Glades Road, Suite 200, Boca Raton, Florida, as
Assignor of aforestated JOC Contract; and Coastland Construction, Inc., a Florida
corporation, whose principal address is 4661 SW 71'' Avenue, Miami, Florida 33155, as
the new JOC Contractor and Assignee under said assignment (as herein below
consented to by the City).
WITNESSETH:
WHEREAS, on July 15, 2009, the City of Miami Beach, Florida (the City) entered
into a JOC contract with Gerrits Construction, Inc. (Contractor and/or Assignor) pursuant
to Job Order Contract (JOC) No. 22-08/09, to provide Vertical Construction Projects (the
JOC Contract); and
WHEREAS, Contractor now wishes to assign the JOC Contract to Coastland
Construction, Inc. (Assignee orthe new JOC Contractor); and
WHEREAS, pursuant to Section 18.1 of the JOC Contract, assignment of the
JOC Contract requires the written consent of the Mayor and City Commission; and
WHEREAS, the Administration has exercised its due diligence on the new JOC
Contractor and recommends said assignment; and
WHEREAS, at its regular meeting on October 19, 2011, the Mayor and City
Commission approved the following Consent to Assignment and First Amendment to the
JOC Contract; and
WHEREAS, the following Consent to Assignment and First Amendment to the
JOC Contract, shall have an effective date of October 19, 2011, and remain in effect
throughout the remainder of the current term of the JOC Contract, scheduled to expire
on July 14,2014; and
'a
WHEREAS, notwithstanding the requested assignment, Coastland Construction,
Inc., will assume all of the remaining obligations and responsibilities originally
undertaken by Gerrits Construction, Inc.
NOW, THEREFORE, the City, Assignor, and the new JOC ContractorIAssignee,
for and in consideration of the mutual covenants, agreements and undertakings herein
contained, do by these presents mutually covenant and agree to assign and amend JOC
Contract No. 22-08/09, as follows:
The City hereby consents to the assignment of the JOC Contract, from
Gerrits Construction, Inc. (also referred to as the ContractorlAssignor), to
Coastland Construction, Inc. (also referred to as new JOC
ContractorIAssignee). Assignor and new JOC ContractorlAssignee
hereby acknowledge and agree to said assignment, and Assignee further
agrees to be bound by the terms and conditions of the JOC Contract, as
amended by this Consent to Assignment and First Amendment; all as
further evidenced by the parties' execution of the Consent to Assignment,
attached hereto and incorporated herein as Exhibit "A".
2. On or before the Effective Date, the new JOC Contractor shall furnish to
the City's Risk Manager, Certificates of Insurance or endorsements
evidencing the insurance coverage specified in Article 7, entitled
"Insurance", on pages 39 and 40 of the JOC Contract.
3. On or before the Effective Date, the new JOC Contractor shall agree to
provide Performance and Payment Bonds, each in the amount of one
million dollars ($1,000,000), guaranteeing to City the completion and
performance of the work covered in the JOC Contract, as well as full
payment of all suppliers, laborers, and subcontractors, pursuant to
General Conditions, Section 00400, Paragraph 4, entitled "Performance
Bond and Payment Bondn, on pages 36 and 37 of the JOC Contract.
4. Section 6.6, entitled "Notices", on page 8 of the JOC Contract, shall be
amended, in part (deleted items and inserted items
underlined), to reflect the new JOC Contractor's contact information as
follows:
The address for notices to Contractor is:
Coastland Construction. Inc.
4661 SW 71 Avenue
Miami, Florida 331 55
Attn: Aleiandro Rodriauez. President
5. Notwithstanding the City's consent to this Assignment, and new JOC
ContractorIAssignee's acceptance, ContractorIAssignor shall continue to
indemnify and hold harmless the City, its officers, agents, directors, and
employees, from any causes of actions, claims, proceedings, liabilities,
damages, losses, and costs (including, but not limited to, reasonable
attorneys fees), arising out of, caused by, or otherwise due to, the
negligence, recklessness, or intentional wrongful misconduct of
ContractorIAssignor, andlor persons employed or utilized by
ContractorIAssignor in the performance of any work andlor services under
the JOC Contract for any previously completed and/or ongoing projects
that ContractorIAssignor has worked on, andlor is continuing to work on,
as of the Effective Date. In such cases, the City shall always have full
recourse under the JOC Contract to ContractorlAssignor.
6. Except as otherwise specifically amended herein, all other terms and
conditions of the JOC Contract, shall remain in full force and effect. In the
event there is a conflict between the terms provided herein and the JOC
Contract, the provisions of this Assignment and First Amendment shall
govern.
IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
AlTEST:
By:
City Clerk
Robert Parcher
FOR ASSIGNOR:
AlTEST:
By:
Secretary
Print Name
FOR NEW CONTRACTORIASSIGNEE:
ATTEST:
By:
Secretary
Print Name
T:WGENDA\201 1\10-19-1 I\Gerrits Consent Assignment.doc
Mayor
Matti Herrera Bower
GERRITS CONSTRUCTION, INC.
President
Print Name
COASTLAND CONSTRUCTION,
INC. I
President
Print Name APPROVED AS TO
FORM & LANGUAGE
& FQH EXECUTION
COMMISSION ITEM SUMMARY I
Condensed Title:
A Resolution authorizing the Mayor and City Clerk to Execute the Joinder to the Declaration
between AR&J Sobe, LLC., and Miami-Dade County.
Key Intended Outcome Supported:
I
Supporting Data (Surveys, Environmental Scan, etc.): NIA
Shall the City execute the joinder to the Declaration of Restrictive Covenant that will complete the
brownfield remediation activities at the Fifth and Alton Shopping Center site?
Issue:
Item Summary/Recommendation:
I In Se~tember 2002, a Preliminarv Site Assessment Re~ort (SAR) was submitted to the Miami-Dade
~oun& Department of ~nvironmental Resources ~ana~ement (DERM) by AR&J Sobe, LLC (AR&J), for
five brownfield sites located on the site where the Fifth and Alton shopping center was constructed.
Subsequently, AR&J submitted a Source Removal Summary Report, Supplemental Site Assessments and
an Engineering Control Plan to DERM. These reports set forth the nature and extent of the contamination
on the property. Furthermore, these reports document that the contamination does not extend off the
property.
The City of Miami Beach owns a condominium unit of 500 parking spaces in the Fifth and Alton Shopping
Center. As a result of this ownership, the City is required to execute a joinder to the Covenant prior to its
execution by Miami-Dade County. The City's rights are unaffected by the Covenant, and the City does not
have any liability for contamination or brownfield-related responsibilities on the site.
AR&J Sobe has completed all brownfield remediation activities required for the site. The attached
Covenant between AR&J and DERM has been approved by Miami-Dade County. After the Covenant is
recorded in County records, DERM will issue a Site Rehabilitation Completion Order with Conditions, and
AR&J will receive their "No Further Action" letter which will result in final closure to the environmental
remediation activities..
( The Administration recommends approving the resolution. I I
- *
Advisory Board Recommendation:
1 NlA
City Clerk's Office Legislative Tracking: 1 Kevin Crowder, City Manager's Office I
Financial Information:
uu
AGENDA ITEM c~H
DATE
Source of
Funds:
I OBPl
Financial Impact Summary:
Amount
I
Total
Account
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
FROM: Jorge M. Gonzalez, City Manager
DATE: October 1 9, 201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND ClTY
CLERK TO EXECUTE A JOINDER TO THE DECLARATION OF
RESTRICTIVE COVENANT BETWEEN AR&J SOBE, LLC. AND MIAMI-
DADE COUNTY, RELATED TO COMPLETION OF THE BROWNFIELD SITE
REMEDIATION ACTIVITIES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND AND ANALYSIS
In September 2002, a Preliminary Site Assessment Report (SAR) was submitted to the
Miami-Dade County Department of Environmental Resources Management (DERM) by
AR&J Sobe, LLC (AR&J), for five brownfield sites located on the site where the Fifth and
Alton shopping center was constructed. Subsequently, AR&J submitted a Source
Removal Summary Report, Supplemental Site Assessments and an Engineering Control
Plan to DERM. These reports set forth the nature and extent of the contamination on the
property. Furthermore, these reports document that the contamination does not extend
off the property.
AR&J Sobe has completed all brownfield remediation activities required for the site. The
attached Covenant between AR&J and DERM has been approved by Miami-Dade
County. After the Covenant is recorded in County records, DERM will issue a Site
Rehabilitation Completion Order with Conditions, and AR&J will receive their "No Further
Action" letter which will result in final closure to the environmental remediation activities.
The City of Miami Beach owns a condominium unit of 500 parking spaces in the Fifth
and Alton Shopping Center. As a result of this ownership, the City is required to execute
a joinder to the Covenant prior to its execution by Miami-Dade County. The City's rights
are unaffected by the Covenant, and the City does not have any liability for
contamination or brownfield-related responsibilities on the site.
CONCLUSION
The Administration recommends that the City Commission approve the Resolution.
Attachment
JMGIJGGlkc
T:\AGENDA\2011\10-19-1 IWRJ DERM memo.doc
This instrument prepared by:
David E. Sacks, Esq.
Pathman Lewis, LLP
2 S. Biscayne Blvd., Suite 2400
Miami, Florida331 31
DECLARATION OF RESTRICTIVE COVENANT AND SUBORDINATION OF
MORTGAGE TO DECLARATION OF RESTRICTIVE COVENANT
Whereas, the undersigned GRANTOR, AR & J SOBE, LLC, together with the City of
Miami Beach and 5th and Alton Condominium Association, Inc., collectively hold the fee
simple title to the land in Miami-Dade County, Florida, described in Exhibit "A", attached
hereto, and hereinafter called the "Property", and Grantor herein makes the following
Declaration of Restrictive Covenant covering and running with the Property in favor of
Miami-Dade County (hereinafter "MDC") and the public.
RECITALS
A. The Brownfield Site Identification Number for the Property is BF130001001. The
facility name at the time of this Declaration is !jth & Alton Shopping Center.
B. The Property was impacted by petroleum constituents and arsenic, as
documented in the following reports that are incorporated by reference:
Brownfields Sites No. 1 - 5: In September 2002, a SAR was submitted. A
Preliminary Site Assessment Report ("SAR), dated January 2001, was originally
submitted to summarize the environmental concerns across the entire
Brownfields Area (Sites 1 - 5).
Brownfields Site No. 1: In October 2001, a SAR was submitted, followed by
quarterly groundwater monitoring. On August 13, 2007, EE&G submitted a
letter-report providing an updated status of groundwater sampling, with a request
for No Further Action with Conditions (NFAC).
Brownfields Site No. 2: In October 2001, a SAR was submitted, followed by a
SAR Addendum. On May 4, 2007, EE&G submitted a letter-report providing an
updated status of soil and groundwater sampling and underground storage tank
(UST) closure, with a request for NFAC. On August 13,2007, EE&G submitted a
letter-report providing an updated status of soil and groundwater sampling and
underground storage tank (UST) closure, with a request for NFAC.
Page 1 of 11
MIAMI 1837040.2 71 9821 7084
Brownfields Site No. 3: In October 2001, a SAR was submitted, followed by a
SAR Addendum. On August 14, 2007, EE&G submitted a letter-report providing
an updated status of groundwater sampling, with a request for NFAC.
Brownfields Site No. 4: In January 2002, a SAR was submitted, followed by
quarterly groundwater monitoring. On August 14, 2007, EE&G submitted a letter-
report providing an updated status of soil and groundwater sampling, with a
request for NFAC.
Brownfields Site No. 5: In September 2002, a SAR was submitted, followed by a
SAR Addendum, dated January 2003, an Interim Source Removal Report, dated
July 2003, a Limited Remedial Action Plan, dated October 2003, and a Limited
Remedial Action Plan Addendum, dated January 2004. EE&G submitted a
Natural Attenuation Monitoring Plan & Conditional No Further Action summary
report, dated December 2005. On August 14, 2007, EE&G submitted a letter-
report providing an updated status of soil and groundwater sampling, with a
request for NFAC. On August 13, 2007, EE&G submitted a letter-report providing
an updated status of groundwater sampling, with a request for NFAC.
Brownfields Sites No. 2, 4 & 5: In April 2007, EE&G submitted a Source Removal
Summary Report and NFAC Plan.
Brownfields Sites No. I - 5: On February 13, 2008, EE&G submitted a
Supplemental Site Assessment and NFAC Report to comprehensively address
remaining environmental concerns across all five Brownfields Sites.
Brownfields Sites No. I - 5: On July 11, 2008, EE&G submitted a letter-report
that addressed remaining environmental concerns for all five Brownfields Sites.
Brownfields Sites No. I - 5: On September 25, 2009, EE&G submitted an
Engineering Control Plan ("ECP") which was approved by the Miami-Dade
County Department of Environmental Resources Management (DERM) on
December 7,2009.
C. The reports noted in Recital B set forth the nature and extent of the
contamination on the Property. These reports confirm that contaminated soil and
groundwater as defined by Chapter 62-785, Florida Administrative Code (F.A.C.), exists
on the Property. Also, these reports document that the groundwater contamination
does not extend off the Property, the extent of the groundwater contamination does not
exceed 114 acre and the groundwater contamination is not migrating.
D. It is the intent of the restrictions in this Declaration to reduce or eliminate the risk
of exposure of the contaminants to the environment and to users or occupants of the
Property and to reduce or eliminate the threat of migration of the contaminants.
MIAMI 1837040.2 7198217084 Page 2 of 11
288
E. After this Declaration has been recorded in the public records, MDC will issue a
Site Rehabilitation Completion Order with Conditions (the "Order"). The GRANTOR
expressly acknowledges that this Order is conditioned on compliance with this
Declaration. MDC can unilaterally revoke the Order if the conditions of this Declaration
or of the Order are not met after written notice to GRANTOR and a reasonable time to
cure. Additionally, in the event concentrations of petroleum constituents and arsenic
increase above the levels approved in the Order, or if a subsequent discharge occurs at
the site, MDC may require site rehabilitation to reduce concentrations of contamination
to the levels allowed by the appropriate FDEP rules. The Order relating to Brownfield
Site Identification No. BF130001001 will when issued be on file with DERM.
F. GRANTOR deems it desirable and in the best interest of all present and future
owners of the Property that an Order be obtained and that the Property be held subject
to certain restrictions including engineering and institutional controls all of which are
more particularly hereinafter set forth herein and as set forth in the ECP which was
approved by the Miami-Dade County Department of Environmental Resources
Management (DERM) on December 7,2009. - -
NOW, THEREFORE, to induce the DERM to issue the Order and for other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged
by each of the undersigned parties, GRANTOR agrees as follows:
Groundwater Restrictions
a. There shall be no use of the groundwater on the Property. There
shall be no drilling for water conducted on the Property nor shall
any wells be installed on the Property other than monitoring wells
pre-approved by MDC. Additionally, there shall be no stormwater
swales, stormwater detention or retention facilities or ditches on the
Property. For any dewatering activities, a Class V permit
application must be submitted to MDC to address and ensure the
appropriate handling, treatment, and disposal of any extracted
groundwater that may be contaminated.
Soil Restrictions
a. The area of soil contamination as located on the Property shall be
permanently covered and maintained with an impermeable material
and/or two (2) feet of clean and uncontaminated soil that prevents
human exposure and prevents water infiltration.
b. Excavation and construction below land surface is not prohibited
provided that prior written approval by DERM, its successors or its
assigns is obtained and any contaminated soils that are excavated
are removed and properly disposed of pursuant to Chapter 62-785,
F.A.C. and any other applicable local, state, and federal
MIAMI 1837040.2 71 9821 7084 Page 3 of 11
289
requirements. Nothing herein shall limit any other legal
requirements regarding construction methods and precautions that
must be taken to minimize risk of exposure while conducting work
in contaminated areas.
Other Restrictions
All future lease agreements involving the Property shall require the following:
a. Any structural alterations, including slab penetrations, by a tenant
will require advance notice to the landlord as Grantor hereunder.
b. All tenants shall receive a copy of this Declaration.
1. For the purpose of monitoring the restrictions contained herein, MDC or its
respective successors and assigns shall have site access to the Property at
reasonable times and with reasonable notice to the GRANTOR and its -.
successors and assigns.
2. This Declaration on the part of GRANTOR shall constitute a covenant running
with the land and may be recorded, at GRANTOR'S expense, in the public
records of MDC and shall remain in full force and effect and be binding upon
the undersigned GRANTOR, and GRANTOR'S heirs, successors and assigns
until such time as the same is modified or released. These restrictions during
their lifetime shall be for the benefit of, and limitation upon, all present and
future owners of real property and for the benefit of MDC and the public
welfare. GRANTOR, and GRANTOR'S heirs, successors and assigns,
acknowledge that acceptance of this Declaration does not in any way obligate
or provide a limitation on MDC. The State of Florida Department of
Environmental Protection (FDEP), MDC, and their successors and assigns
may enforce the terms and conditions of this Declaration by injunctive relief
and other appropriate available legal remedies. Any forbearance on behalf of
MDC to exercise its right in the event of the failure of the GRANTOR, its
successors and assigns to comply with the provisions of this Declaration shall
not be deemed or construed to be a waiver of MDC1s rights hereunder. This
Declaration shall continue in perpetuity, unless otherwise modified in writing
by GRANTOR, its successors and assigns and MDC, its successors and
assigns as provided in paragraph 4 hereof. These restrictions may also be
enforced in a court of competent jurisdiction by any other person, firm,
corporation, or governmental agency that is substantially benefited by this
restriction.
3. In order to ensure the perpetual nature of these restrictions, GRANTOR, its
successors and assigns, shall reference these restrictions in any subsequent
MIAMI 1837040.2 7198217084 Page 4 of 11
290
deed of conveyance, including the recording book and page of record of this
Declaration.
4. This Declaration may be modified, amended, or released as to the land herein
described, or any portion thereof, by a written instrument executed by the,
then, owner@) of all of the Property, including joinders of all mortgagees,
provided that the same is also approved in writing by MDC or its successors
and assigns. To receive prior approval from MDC to remove any requirement
herein, cleanup target levels established pursuant to Florida Statutes and
FDEP rules must have been achieved. This Declaration may be modified in
writing only. Any subsequent amendment must be executed by both
GRANTOR and MDC or their respective successors and assigns and be
recorded by GRANTOR or its successors and assigns, as an amendment
hereto.
5. If any provision of this Declaration is held to be invalid by any court of
competent jurisdiction, the invalidity of such provision shall not affect the -. validity of any other provisions thereof. All such other provisions shall
continue unimpaired in full force and effect.
6. GRANTOR covenants and represents that on the date of execution of this
Declaration that GRANTOR, together with the other parties noted above and
whose joinders are attached, is seized of the Property in fee simple and has
good right to create, establish, and impose this restrictive covenant on the
use of the Property. GRANTOR also covenants and warrants that the
Property is free and clear of any and all liens, mortgages, or encumbrances
that could impair GRANTOR'S rights to impose the restrictive covenant
described in this Declaration or that would be superior to the restrictive
covenant described in this Declaration, except for the mortgage in favor of
Metropolitan Life Insurance Company, whose joinder is attached.
[SIGNATURES & NOTARY ON NEXT PAGES]
MIAMI 1837040.2 7198217084 Page 5 of 11
291
IN WITNESS WHEREOF, AR&J SOBE, LLC, a Florida limited liability
corporation, has accepted this instrument, this day of , 2011.
Signed, Sealed and Delivered AR& J SOBE, LLC, a Florida limited
In The Presence Of: liability corporation, by Berkowitz Limited
Partnership, its General Partner
By:
Print Name: JEFFREY BERKOWITZ,
Manager
Print Name:
Address of Grantor 2665 South Bayshore Drive, Suite 1200
Miami, Florida331 33.
(CORPORATE SEAL)
STATE OF FLORIDA I
) SS:
COUNTY OF MIAMI-DADE 1
The foregoing instrument was acknowledged before me this day of I
201 1 by Jeffrey Berkowitz as Manager of Berkowitz Limited Partnership, General Partner
of AR & J Sobe, LLC, a Florida limited liability company, on behalf of the company, who
is personally known to me or produced as
identification.
--
NOTARY PUBLIC, STATE OF FLORIDA
Print Notary Name
Commission No.
My Commission Expires:
MIAMI 1837040.2 719821 7084 Page 6 of 11
292
Approved as to form by Miami-Dade County Attorney's Office
by:
IN WITNESS WHEREOF, MDC has approved this instrument, this day of
, 2011.
Signed and Delivered
in the Presence of:
MIAMI-DADE COUNTY
By:
Print Name WILBUR MAYORGA
Chief of the Pollution Control Division
Print Name
DERM
701 NW 1 Court, Suite 400
Miami, Florida331 36
STA TE OF FL ORIDA I
) SS:
COUNTY OF MIAMI-DADE 1
The foregoing instrument was acknowledged before me this day of I
201 1, by Wilbur Mayorga, as Chief of the Pollution Control Division of DERM, who is
personally known to me or who produced as
identification.
NOTARY PUBLIC, STATE OF FLORIDA
Print Notary Name
Commission No.
My Commission Expires:
MIAMI 1837040.2 71 9821 7084 Page 7 of 11
293
SUBORDINATION OF MORTGAGE AND JOINDER TO
DECLARATION OF RESTRICTIVE COVENANT
THIS Subordination and Joinder is given as of the day of , 201 1, on behalf
of Metropolitan Life lnsurance Company, a New York corporation ("Mortgagee"), being the owner and
holder of that certain Amended and Restated Mortgage, Security Agreement, Fixture Filing and Notice of
Future Advance from Grantor ("Mortgagor") recorded September 12, 2007 in Official Records Book
25923, Page 674, of the Public Records of Miami-County, Florida, as amended and supplemented.
WHEREAS, Mortgagor has requested Mortgagee join to the recording of the attached Declaration
of Restrictive Covenant (the "Declaration"), and to subordinate the lien and effect of the Mortgage to the
Declaration.
NOW, THEREFORE, Mortgagee consents to the recordation of the Declaration and agrees that
the lien and effect of the Mortgage shall be subject and subordinate to the terms of the Declaration.
Mortgagee makes no warranty or any representation of any kind or nature concerning the
Declaration, any of its terms or provisions, or the legal sufficiency thereof. None of the representations
contained in the Declaration shall be deemed to have been made by Mortgagee, nor shall they be -. construed to create any obligation on Mortgagee to any person relying thereon. Nothing contained herein
shall affect or impair the rights and remedies of Mortgagee as set forth in the Mortgage or in the
Declaration.
Made as of the day and year first above written.
IN WITNESS WHEREOF, the undersigned has accepted and delivered this Subordination of
Mortgage to Declaration of Restrictive Covenant this day of ,2011.
Metropolitan Life lnsurance Company, a New York
corporation
WITNESSES:
By:
Print Name: Print Name:
Title:
Print Name: Address:
(Corporate Seal)
STATE OF FLORIDA 1
) SS:
COUNTY OF I
The foregoing instrument was acknowledged before me this - day of , 2011 by
, as of Metropolitan Life Insurance Company, a New
York corporation, on behalf of the corporation, who is personally known to me or who produced
as identification.
NOTARY PUBLIC, STATE OF FLORIDA
Print Notary Name
Commission No.
My Commission Expires:
MIAMI 1837040.2 71 9821 7084 Page 8 of 11
JOINDER OF !jth& ALTON CONDOMINIUM ASSOCIATION, INC.
5th& ALTON CONDOMINIUM ASSOCIATION, INC., a Florida corporation not for profit, being the
owner of portions of the Property referenced in the foregoing Declaration of Restrictive Covenant, hereby
agrees to accept all the benefits of, and be bound by all of the obligations imposed by, the foregoing
Declaration of Restrictive Covenant.
IN WITNESS WHEREOF, 5th& ALTON CONDOMINIUM ASSOCIATION, INC. has caused these
presents to be signed in its name by its proper officer and its corporate seal to be affixed this
day of ,2011.
WITNESSED BY:
Print Name:
5TH & ALTON CONDOMINIUM ASSOCIATION,
INC., a Florida corporation not for profit
By:
David Singer, Vice President
Print Name: [CORPORATE SEAL]
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing joinder was acknowled~ed before me this day of ,
201 1, by David Singer, as Vice President of 5 & ALTON CONDOMINIUM ASSOCIATION, INC., a
Florida corporation not for profit, on behalf of said corporation. He is personally know to me or has
produced as identification.
My Commission Expires:
(Notarial Seal)
MIAMI 1837040.2 7198217084
Name:
Notary Public, State of Florida
Commission No.:
ClTY OF MlAMl BEACH, a municipal corporation of the State of Florida, being the owner of
portions of the Property referenced in the foregoing Declaration of Restrictive Covenant, hereby agrees to
accept all the benefits, and be bound by all duties, responsibilities, obligations and burdens imposed upon
it by the foregoing Declaration and attached Exhibit.
IN WITNESS WHEREOF, ClTY OF MlAMl BEACH has caused these presents to be signed in its
name by its proper officer and its corporate seal to be affixed this day of
,2011.
WITNESSES:
Print Name:
ClTY of MlAMl BEACH, FLORIDA, a municipal
corporation of the State of Florida
By:
Matti Herrera Bower, Mayor
Print Name:
ATTEST:
By:
Robert Parcher, City Clerk
Print Name:
[SEAL]
Print Name:
STATE OF FLORIDA 1
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
, 201 1, by Matti Herrera Bower, as Mayor, and Robert Parcher, as City Clerk,
of the ClTY OF MlAMl BEACH, FLORIDA, a municipal corporation of the State of Florida, on behalf of
such municipal corporation. They are personally known to me or produced valid Florida driver's licenses
as identification.
Notary Public
Type, Print or StammVED AS 70
My Commission E)p&q~ & LANGUAGE
(L FOA EXECUTION
MlAMl 1837040.2 71 9821 7084 Page 10 of 11
296
Exhibit "A'
Property
All of 5th and Alton Condominium, according to the Declaration of Condominium thereof recorded
in Official Records Book 27133, Page 4420, of the Public Records of Miami-Dade County, Florida
formerly legally described as:
Lot 1 through 16 in Block 104, of OCEAN BEACH FLORIDA, ADDITION NO. 3,
according to the plat thereof as recorded in Plat Book 2, Page 81, of the Public Records
of Miami - Dade County, Florida less the South 10 feet of the East 50 feet of Lot 8 and
less the South 10 feet of the West 50 feet of the East 100 feet of Lot 8 and less the South
10 feet of Lot 9 in Block 104 of Ocean Beach, and less rights of way of record;
AND
That certain 20 foot wide alley, bounded on the east by the west boundary of Lots 1
through 8, Block 104, Ocean Beach Florida Addition No. 3 according to the plat thereof
as recorded in Plat Book 2, Page 81 of the Public Records of Miami-Dade County,
Florida; bounded on the west by the east line of Lots 9 through 16, of said Block 104;
bounded on the north by the north line of Lot 1 of said Block 104 projected westerly; and
bounded on the south by the north line of the south 10 feet of Lot 8 of said Block 104
projected westerly
LESS AND EXCEPT the following described "bus stop" property:
A PORTION OF LOTS 14 THROUGH 16, BLOCK 104, OCEAN BEACH FLORIDA
ADDITION No. 3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 2 AT PAGE 81 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE N.W. CORNER OF SAID LOT 16; THENCE RUN SOUTH 01
DEGREES 57 MINUTES 11 SECONDS EAST, ALONG THE EAST RIGHT OF WAY
LlNE OF ALTON ROAD, FOR 25.03 FEET TO THE POINT OF BEGINNING; THENCE
SOUTH 46 DEGREES 57 MINUTES 38 SECONDS EAST FOR 9.19 FEET; THENCE
SOUTH 01 DEGREES 57 MINUTES 11 SECONDS EAST, ALONG A LlNE PARALLEL
WITH AND 6.50 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE
EAST RIGHT OF WAY LlNE OF ALTON ROAD, FOR 80.60 FEET; THENCE SOUTH 43
DEGREES 02 MINUTES 22 SECONDS WEST FOR 9.19 FEET; THENCE NORTH 01
DEGREES 57 MINUTES 11 SECONDS WEST, ALONG THE EAST RIGHT OF WAY
LlNE OF ALTON ROAD, FOR 93.60 FEET TO THE POINT OF BEGINNING; ALL
LYING BETWEEN THE HORIZONTAL PLANES OF ELEVATION 3.00 FEET AND
ELEVATION 15.67 FEET, NATIONAL GEODETIC VERTICAL DATUM OF 1929.
LYING AND BEING IN SECTION 03, TOWNSHIP 54 SOUTH, RANGE 42 EAST, CITY
OF MIAMI BEACH, MIAMI- DADE COUNTY, FLORIDA.
r:b r sobeb r sobe - environmental\docs\declaration of restrictive covenant vers. 8.doc
h he above property corresponds with tax folios 02-4203-352-001 0, 02-4203-352-0020, 02-4203-352-
0030, 02-4203-352-0040 and 02-4203-352-0050; also 02-4203-009-8351, which is for reference
purposes only.
MIAMI 1837040.2 71 9821 7084 Page I1 of 11
297
RESOLUTION TO BE SUBMITTED
,
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting The City Manager's Recommendation Pertaining To The Ranking Of Firms
For The Pilot Program For Electric Vehicle Charging Stations, Authorizing The Administration To Enter
Into Negotiations, And Authorizing The Mayor And City Clerk To Execute An Agreement For A Pilot
Program. I
(ey Intended Outcome Supported:
Enhance the environmental sustainability of the community; Enhance mobility throughout the City
Supporting Data (Surveys, Environmental Scan, etc.): Of the residents responding to the 2009
Community Satisfaction Survey, "Less traffic congestion" was ranked as the second highest change
that would make Miami Beach a better place to live, work, play or visit.
Issue: I Shall the City Commission Adopt the Resolution? I
tem SummarylRecommendation:
The City's Parking Department is dedicated to providing environmentally friendly service programs, and
it intends to provide electric vehicle charging stations at municipal parking facilities. The City intends
to enter into a contract for a pilot program for the installation, operation, and maintenance of self-
service electric vehicle charging stations for public use in municipal parking facilities. The successful
proposer shall be initially responsible for installing, operating, and maintaining electric vehicle charging
stations at the City garage located at 1 3th Street and Collins Avenue during the pilot program.
RFP No 18-1 011 1 was issued and sent to over 20 firms, which resulted in the receipt of proposals from
Car Charging Group, Inc.; ECOtality North America; IBI Group, Inc.; and Gexpro. An Evaluation
Committee appointed by the City Manager reviewed, listened to presentations, participated in Q&A with
the Proposers, scored and ranked the proposals. Based on the published evaluation criteria, the
Committee unanimously ranked Car Charging Group, Inc. as the top-ranked firm, and further ranked
IBI Group, Inc. and the second-ranked firm.
On March 9, 2011, the City Commission approved the re-issuance of an RFP for Electric Vehicle
Charging Stations for the City's Parking Facilities as a pilot program, with the same scope of services
and evaluation criteria that were previously approved by the Commission, however it would eliminate
the minimum requirement of providing self-service electric vehicle charging station services for no
fewer than three (3) consecutive years.
In performing their due diligence, Parking and Procurement met with CCGl to confirm that CCGl would
not place any advertising on the charging stations that would be installed in the City. The car charging
stations would be installed and maintained at no cost to the City, and the City would also be
reimbursed for all electricity used by the charging stations during the pilot program.
- .
I It is recommended that the Mayor and City Commission adopt the resolution for this pilot I I program. I
Advisory Board Recommendation:
I I
- I I
OBPl Total I
I NIA I
Financial Information:
City Clerk's Office ~egfslqdtive Tracking:
Gus Lopez, Ext 6641
"
T:\AGENDA\201 1\10-19-11\EV Charging Stations Surnrnary.docx
.Account Source of
Funds:
1
Amount
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, Ci
DATE: October 19, 201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THECITY MANAGER RELATIVE TO THE RANKING OF PROPOSERS,
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 18-IOlIl TO
PROVIDE A PILOT PROGRAM FOR ELECTRIC VEHICLE CHARGING
STATIONS FOR THE CITY'S PARKING FACILITIES; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WlTH THE TOP-RANKED
FlRM OF CAR CHARGING GROUP, INC., AND SHOULD THE
ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE
TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE
WlTH THE SECOND-RANKED FlRM OF IBI GROUP, INC.; AND FURTHER
AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE AN
AGREEMENT UPON THE COMPLETION OF SUCCESSFUL NEGOTIATIONS
BY THE ADMINISTRATION
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
No funds are being expended.
KEY INTENDED OUTCOMES SUPPORTED
Enhance the environmental sustainability of the community; and Enhance mobility throughout
the City.
BACKGROUND
The City of Miami Beach Parking Department ("Parking") is dedicated to providing
environmentally friendly service programs, including hybrid vehicle parking incentives,
bicycle sharing, and car sharing, and it intends to provide a pilot program for electric vehicle
charging stations at municipal parking facilities.
In the United States, San Francisco, Sacramento, Austin, Detroit, Los Angeles, New York,
Orlando, Redmond, and Washington, D.C. have established self-service electric vehicle
charging station programs in their facilities.
The City's goals and objectives are to promote a vision to make electric vehicles a part of
daily life for Miami Beach residents and visitors. This program is to be accessible to the
maximum number of people in the most cost-efficient manner to promote electric vehicle use
and conversely decrease local motor vehicle use.
Commission Memorandum
October 19, 201 1
RFP No. 18-10/11 To Provide EV Charging Stations
Page 2 of 4
Self-service electric vehicle charging stationsfacilitate the use of electric vehicles (EVs) due
to the limited range of current EVs and their need to recharge periodically. The availability of
strategically placed charging stations throughout the City provides a greater convenience
and further promotes the use of EVs. Benefits to the City include improved air quality,
quieter and more livable streets, and decreased dependency on fossil fuels.
At the July 14,201 0 Commission Meeting, an agenda item was approved to issue an RFP
for the subject charging stations.
RFP No. 47-0911 0 was issued on August 9,201 0. By the due date of September 16,201 0,
three (3) proposals were received. Upon the Administration exercising its due diligence, all
three (3) proposals were deemed non-responsive due to not meeting the minimum
requirement of providing self-service electric vehicle charging station services for no fewer
than three (3) consecutive years. Due to this new technology, other interested firms
indicated that they did not submit a proposal, as they could not meet this minimum three (3)
year requirement.
On March 9, 201 1, the City Commission approved the re-issuance of an RFP for Electric
Vehicle Charging Stations for the City's Parking Facilities as a pilot program, with the same
scope of services and evaluation criteria that were previously approved by the Commission,
however it would eliminate the minimum requirement of providing self-service electric vehicle
charging station services for no fewer than three (3) consecutive years.
The City intends to enter into a contract for a pilot program for the installation, operation, and
maintenance of self-service electric vehicle charging stations for public use in municipal
parking facilities. The selected Proposer will be required to implement a program which
should enable the public to utilize electric vehicle charging stations. Services would be
provided on a 24-hour, 7 day-a-week basis with sufficient resources and personnel to
successfully support and maintain the pilot program at 1 3th Street and Collins Avenue.
RFP PROCESS
RFP No. 18-10/11 was issued on April 5, 2011, and the Procurement Division
("Procurement") e-mailed the RFP to over 20 firms. This outreach resulted in the receipt of
proposals from the following four (4) firms: Car Charging Group, Inc.; ECOtality North
America; IBI Group, Inc.; and Gexpro.
On June 9, 201 1, the City Manager via Letter to Commission No. 143-201 1 appointed an
Evaluation Committee (the "Committee"), consisting of the following individuals.
Seth Wasserman Transportation and Parking Committee
Lisa Botero Environmental Resource Manager, CMB
John Gresham Electrical Supervisor, Property Management, CMB
Margarita KruyfF Resident and Leadership Academy Graduate
Gabriole Van Bryce Sustainability Committee
The Committee convened on July 15, 201 1, and was provided with an overview of the
project, information relative to the City's Cone of Silence Ordinance and the Government in
the Sunshine Law. The Committee listened to a brief overview and participated in a question
and answer session with each of the four (4) Proposers.
Commission Memorandum
October 19, 2011
RFP No. 18- 10/1 1 To Provide EV Charging Stations
Page 3 of 4
The Committee was instructed to score and rank each proposal pursuant to the evaluation
criteria established in the RFP, which was as follows, for a total possible 100 points:
Proposer's experience and qualifications in providing electric
vehicle charging station services and sustainability plan 25 Points
Proposed revenue to the City 25 Points
Strength and sustainability of operating plan 25 Points
The planned impact on electric vehicle use 15 Points
Past performance (Based on information in the Proposal
submission; References; and Past Performance Surveys) 10 Points
The Committee discussed the proposals and proceeded to score and rank as follows:
The Committee unanimously ranked Car Charging Group, Inc. (CCGI) as the top-ranked
firm. They are local to Miami Beach, with their headquarters located on Michigan Avenue.
CCGI currently provides charging services in public locations including municipalities,
shopping malls, parking garages, muti-family residential and commercial properties in
Florida as well as other states.
CCGl proposed a turnkey solution, utilizing Chargepoint Networked Charging Stations by
Coulomb Technologies, although they indicate they are a "technology agnostic" company
that purchases charging stations and is not dependent on any one manufacturer. The car
charging stations would be installed and maintained at no cost to the City, and the City
would also be reimbursed for all electricity used by the charging stations during the pilot
program.
In performing their due diligence, Parking and Procurement met with CCGl to confirm that
CCGl would not place any advertising on the charging stations that would be installed in the
City. CCGl is in concurrence that they would not have any advertising on the charging
stations, or other related equipment, that they install in the City.
Car
Charging
Group, Inc.
IBI Group,
Inc.
ECOtality
N.A.
Gexpro
CCGl proposes a pilot program to install two (2) charging stations at the City garage located
at 13' Street and Collins, after performing an overall site review to determine the best
location(s) in the garage.
John
Gresham
90 (1)
85 (2)
80 (3)
50 (4)
Seth
Wasserman
95 (1)
85 (3)
90 (2)
70 (4)
Margarita
Kruyff
100 (1)
91 (2)
69 (3)
56 (4)
Lisa
Botero
93 (1)
81 (3)
88 (2)
55 (4)
Gabriole
Van Bryce
100 (1)
98 (2)
90 (3)
82 (4)
Ranking
of Firm
4
12
13
20
Commission Memorandum
October 19, 201 1
RFP No. 18-10/11 To Provide EV Charging Stations
Page 4 of 4
The charging stations installed by GCGl would have the capability of communicating their
locations to the internet and smart phone (iPhone, Blackberry and Android) applications so
that they can be readily located by EV owners. In addition, the smart phone application can
initiate the charging process.
The second-ranked proposer, IBI Group, was established in 1974 and is a multi-disciplinary
organization offering services in four (4) areas of practice: urban land, facilities,
transportation and systems. The firm is one of the largest architectural practices in the world
with over 2400 professionals and support personnel. The IBI Group, Inc. is a Florida
corporation, a member of the IBI Group of firms and has been providing professional
consulting services to public and private clients since 1979.
IBI Group, Inc. was selected by General Motors' (GM) Worldwide Facilities Group to work
with them to roll out charging stations in advance of the Chevy Volt market release. The firm
provided engineering services for the design of charging stations for the GM Volt vehicle
testing, and also provided designs of different charging station configurations at several
other GM sites.
IBI Group has partnered with the Lane Valente Service Group in their proposal to the City,
as well as other business ventures. Lane Valente is an established electrical contracting
company that has completed over 200 electric vehicle charging station installations
throughout the United States to commercial clients such as AT&T, Hertz, Daimler and AMD.
IBI Group also partners with PEP Stations, LLC which provides hardware and software
application services. Each PEP Station is a dual level 2 (2081240Vl30A) commercial
charging station that charges two (2) plug-in electric vehicles simultaneously.
IBI Group, in conjunction with PEP Stations, proposed a turnkey solution to that includes
providing planning, designing, permitting, networking, monitoring and maintaining the
systems for the City.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the attached
resolution, accepting the recommendation of the City Manager relative to the ranking of
proposers, pursuant to Request For Proposals (RFP) No. 18-1 011 1 To Provide A Pilot
Program for Electric Vehicle Charging Stations for the City's Parking Facilities, and authorize
the Administration to enter into negotiations with the top-ranked firm of Car Charging Group,
Inc. and, should the Administration not be able to negotiate an agreement with the top-
ranked firm, authorize the Administration to negotiate with the second-ranked firm of IBI
Group, Inc.; and further authorizing the Mayor and City Clerk to execute an Agreement for
the pilot program upon completion of successful negotiations by the Administration.
T:\AGENDA\2011\10-19-11\EV Charging Stations Memo.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ClTY MANAGER
RELATIVE TO THE RANKING OF PROPOSERS, PURSUANT TO REQUEST FOR
PROPOSALS (RFP) NO. 18-10/11 TO PROVIDE ELECTRIC VEHICLE CHARGING
STATIONS FOR THE CITY'S PARKING FACILITIES; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WlTH THE TOP-RANKED FlRM
OF CAR CHARGING GROUP, INC., AND SHOULD THE ADMINISTRATION NOT BE
ABLE TO NEGOTIATE AN AGREEMENT WITHTHE TOP-RANKED FIRM,
AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WlTH THE SECOND-RANKED
FlRM OF IBI GROUP, INC.; AND FURTHER AUTHORIZING THE MAYOR AND ClTY
CLERK TO EXECUTEAN AGREEMENT UPON THE COMPLETION OF
SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION
WHEREAS, the City of Miami Beach Parking Department ("Parking") is dedicated to
providing environmentally friendly service programs, including hybrid vehicle parking incentives,
bicycle sharing, and car sharing, and it intends to provide electric vehicle charging stations at
municipal parking facilities; and
WHEREAS, on July 14,201 0, the City Commission approved the issuance of an RFP for
the subject charging stations; and
WHEREAS, on August 9,201 0, RFP No. 47-0911 0 was issued which resulted in three (3)
proposals being received; and
WHEREAS, upon the Administration exercising its due diligence, all three (3) proposals
were deemed non-responsive due to not meeting the minimum requirement of providing self-service
electric vehicle charging station services for no fewer than three (3) consecutive year; and
WHEREAS, on March 9,201 1, the City Commission approved the re-issuance of an RFP
for Electric Vehicle Charging Stations for the City's Parking Facilities, with the same scope of
services and evaluation criteria that were previously approved by the Commission, however it would
eliminate the minimum requirement of providing self-service electric vehicle charging station
services for no fewer than three (3) consecutive years; and
WHEREAS, on April 5,201 1, RFP No 18-1011 1 was issued, and the Procurement Division
e-mailed the RFP to over 20 firms, resulting in the receipt of proposals from Car Charging Group,
Inc.; ECOtality North America; IBI Group,lnc.; and Gexpro; and
WHEREAS, On June 9,201 1, the City Manager via Letter to Commission No. 143-201 1
appointed an Evaluation Committee (the "Committee"), consisting of the following individuals:
Seth Wasserman, Transportation and Parking Committee;
Lisa Botero, Environmental Resource Manager, CMB;
John Gresham, Electrical Supervisor, Property Management, CMB;
Margarita Kruyff , Resident and Leadership Academy Graduate;
Gabriole Van Bryce, Sustainability Committee; and
WHEREAS, the Committee convened on July 15, 2011, and was provided with an
overview of the project, information relative to the City's Cone of Silence Ordinance and the
Government in the Sunshine Law, listened to a brief overview and participated in a question and
answer session with each of the four (4) Proposers, and discussed and evaluated the proposals
based on the evaluation criteria as outlined in the RFP: and
WHEREAS, the Committee unanimously ranked Car Charging Group, Inc. as the top-
ranked firm, and further ranked IBI Group, Inc. as the second-ranked firm; and
WHEREAS, the City Manager concurs with the Committee's recommendation.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby accept the recommendation of the City Manager pertaining to the ranking of proposals
pursuant to Request for Proposals (RFP) No. 18-1011 1, to Provide Electric Vehicle Charging
Stations for the City's Parking Facilities; authorize the Administration to enter into negotiations with
the top-ranked firm of Car Charging Group, Inc.; and should the Administration not be able to
negotiate with the top-ranked firm, authorize the Administration to negotiate with the second-ranked
firm, IBI Group, Inc.; further authorizing the Mayor and City Clerk to execute an agreement upon - -
conclusion of successful negotiations by the Administration.
PASSED AND ADOPTED this day of ,2011.
ATTEST:
ClTY CLERK
T:WGENDAWlI\Q-14-11\EV Charging Stations Re5o.d~
MAYOR
APPROVED AS TO
FORM & LANGUAGE
CUTlON /7 "'"7
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission Approving All Material and Substantive Terms of the Agreement
between the City and The Hertz Corporation, as the Successful Proposer Pursuant to Request for Proposals (RFP)
42-07/08, for the Implementation, Management, and Operation of a Shared Car Service; Further Authorizing the
Mayor and City Clerk to Execute the Final Agreement; Said Agreement Having an Initial Term of Five (5) Years,
Commencing on the Operational Date and Ending Five (5) Years from the Operational Date, with a Five (5) Year
Renewal Term, to be Exercised at the City's Sole Option and Discretion.
Key Intended Outcome Supported: I Maintain or lmprove Traffic Flow; lmprove Parking Availability
Supporting Data (Surveys, Environmental Scan, etc.):
Residents in the 2007 Community Satisfaction Survey cited traffic congestion as the second most import factor
affecting their quality of life in the City.
Revenue to the City No payment to the City in first six months of operations.
$75 per space after the initial six months.
0.50% of Gross Revenues in Year 3
0.75% of Gross Revenues in Year 4
1 % of Gross Revenues in Year 5
Concession Locations 7'h street GarageIMunicipal Garage No .I
12'~ street GarageIMunicipal Garage No. 2
13'~ Street GarageIMunicipal Garage No. 3
1 6'h Street GarageIMunicipal Garage No. 4
1 7'h Street Garage1 Municipal Garage No. 5
42nd Street GarageIMunicipal Garage No. 6
City Hall GarageIMunicipal Garage No. 7
5ith and Alton Garage No. 8
Program Scope & Launch The rollout schedule may be altered contingent upon the demand for
the Shared Car Service, with a minimum of 20 vehicles and a maximum
of 100 vehicles.
Parking Spaces Up to 100 parking spaces.
ssue:
Shall the City Commission approve the award of the contract or reject all bids? I
tem SummarylRecommendation:
RFP No. 42-07/08 was issued on September 11,2008, with an opening date of October 14,2008. The City issued
bid notices to 390 prospective Proposers via e-mail, BidSync, andlor Bidnet, which resulted in the receipt of one
proposal from The Hertz Corporation. Following discussion at its regular meeting on December 10,2008, the Mayor
and City Commission adopted Resolution No. 2008-26957 authorizing the City Administration to enter into
negotiations with The Hertz Corporation for an agreement to manage and operate a Shared Car Service.
The shared-car model is a membership based program which operates with a distributed fleet of private motor
vehicles parked at varying reserved locations, initially at our municipal parking garages and if successful at other
locations throughout the City. Shared-Cars are made available to members primarily for hourly or other short term
use through a self-service, fully automated system not requiring a separate contract for each use. The operation
generally is to take pods of cars and place them at the City's parking garages so the user can walk from their home,
condominium, or business to get the car, use it and bring it back. - -
Payments to the City No payments shall be due to the City in the first six (6) months
of operations. Hertz shall submit monthly payments pursuant
to the Agreement thereafter.
4dvisory Board Recommendation:
The following Committees endorsed the Shared Car Service Agreement: Transportation & Parking Committee on
November 2,2009; Finance and Citywide Projects Committee on October 29,2009; and Sustainability Committee on
October 27,2009.
Financial Information:
I Financial Impact Summary: 1
City Clerk's Office Legislative Tracking: I Saul Frances Ext. 6483
Amount
OBPl
tJ!h MIAMIBEACH
Account I Approved
Total
C7J AGENDA ITEM
1 I NIA I
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 1 39, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission ,
FROM: Jorge M. Gonzalez, City Manager
DATE: October 19, 201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION APPROVING ALL
MATERIAL AND SUBSTANTIVE TERMS OF THE AGREEMENT BETWEEN THE
ClTY AND THE HERTZ CORPORATION, AS THE SUCCESSFUL PROPOSER
PURSUANT TO REQUEST FOR PROPOSALS (RFP) 42-07/08, FOR THE
IMPLEMENTATION, MANAGEMENT, AND OPERATION OF A SHARED CAR
SERVICE; FURTHER AUTHORIZING THE MAYOR AND ClTY CLERK TO
EXECUTE THE FINAL AGREEMENT; SAID AGREEMENT HAVING AN INITIAL
TERM OF FlVE (5) YEARS, COMMENCING ON THE OPERATIONAL DATE AND
ENDING FlVE (5) YEARS FROM THE OPERATIONAL DATE, WITH A FlVE (5)
YEAR RENEWAL TERM, TO BE EXERCISED AT THE CITY'S SOLE OPTION AND
DISCRETION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On September 10,2008, the Mayor and City Commission approved the issuance of Request for
Proposals (RFP) No. 42-07/08, for a concession agreement for a shared-car program for residents
and visitors of the City of Miami Beach, (the "RFP"). On December 10, 2008, the Mayor and
Commission selected the Hertz Corporation (single respondent) as highest ranked proposer and
directed the Administration to negotiate an agreement with Hertz for said sewice.
The goal of the Miami Beach Shared-Car Service is to combine Transportation Demand
Management (TDM) strategies and measures, which aim to reduce automobile travel demand, with
support from a menu of alternative and multimodal transportation arrangements. TDM strategies
include bicycling, walking, electronic substitute for travel such as telecommuting, and a variety of
shared and public transportation strategies.
Shared car programs provide a convenience for individuals who do not own or lease a private
vehicle. Benefits to the City include reduced traffic congestion, improved air quality, and increased
parking availability. It is anticipated that the shared car sewice would also be integrated with other
alternative modes of transportation, such as transit and bicycle sharing programs, and may promote
walking, since users can easily switch between these modes. The various travel modes will also be
coordinated with the City's various parking facilities. A shared car sewice will contribute to the City's
Commission Memorandum - Concession Agreement Pursuant to RFP#42-07/08 For A Shared
Car Service
October 19,201 1
Page 2
effort to promote multi-modal transportation options, which will help to facilitate mobility throughout
the City.
The shared-car model is a membership based program which operates with a distributed fleet of
private motor vehicles parked at varying reserved locations, initially at our municipal parking
garages, and if successful at other locations throughout the City. Shared-Cars are made available
to members primarily for hourly or other short term use through a self-service, fully automated
system not requiring a separate contract for each use. The operation generally is to take pods of
cars and place them at the City's parking garages so the user can walk from their home,
condominium, or business to get the car, use it and bring it back. The Shared Car concept differs
from a traditional car rental program in that its member based so that users are pre-qualified and
cars are used only for trips to and from the same location. Hertzon Demand is a subsidiary and the
shared car provider of the Hertz Corporation. Therefore, Hertz on Demand is an entity that is
separate and apart of the Hertz Corporation conventional rental car service. It is important to note
that they are not competing services as their rental and rate structures are markedly different as is
the intended user base. The Hertz on Demand Service is separate from the conventional Hertz
rental car program and the two programs do not intermingle and are not allowed to do so under the
City's concession agreement. All financial matters between the two entities are managed separately
RFP PROCESS
RFP No. 42-07/08 was issued on September 11,2008, with an opening date of October 14,2008.
The City issued bid notices to 390 prospective Proposers via e-mail, BidSync, and/or Bidnet, which
resulted in the receipt of proposals from one proposer, The Hertz Corporation.
At its regular meeting on December 10,2008, the Mayor and City Commission adopted Resolution
No. 2008-26957 authorizing the City Administration to enter into negotiations with The Hertz
Corporation for an agreement to manage and operate a shared car service.
COMMllTEE ENDORSEMENTS
The City's Finance and Citywide Projects Committee (FCPC) reviewed and discussed the Shared
Car Agreement with Hertz on June 25,2009 and October 29,2009. At the June 25th meeting, the
FCPC directed the Administration to: (I) further negotiate an improvement to the financial return to
the City, which at the time was $1 07,825, over a five year term and (2) Hertzwas directed to pursue
potential shared car locations at privately owned and/or operated parking garages in the City.
The Administration followed the FCPC directives and negotiated the following:
Hertz initially proposed that the parking spaces contemplated for Shared Car use in the
City's garages be placed on the ground level in high traffic areas. In order to minimize the
loss of parking revenues, the City countered that using less utilized spaces (such as rooftop
or one level below) would help close the potential parking revenue loss gap projected by the
City. Hertz agreed to utilize the parking spaces at the rooftop or one level below the rooftop
for the Shared Car Program at all City garages. The revenue generated from parking
spaces that are lower in demand and/or utilization on the upper parking levels is closer to the
revenue generated by City monthly parking rates of $70. Therefore, the negotiated baseline
for Hertz' financial retum to the City is based on the monthly parking rate of $75 per space
Commission Memorandum - Concession Agreement Pursuant to RFP#42-07108 For A Shared
Car Service
October 19, 201 1
Page 3
and Hertz will pay to the City an average annual commission of 0.45% over the five year
term (0% in Year One; 0% in Year Two; 0.5% in Year Three; 0.75% in Year Four; and I % in
Year Five). This equates to an additional $18,840 over the five year term for a total of
$1 75,740.
The FCPC held extensive discussions regarding the City's subsidy to provide the Shared
Car Service. This subsidy was substantially mitigated when Hertzagreed to use the parking
spaces at the rooftop or one level below as opposed to their initial position of utilizing ground
floor high use parking spaces. Typically, the municipal garages contemplated for the shared
car program only reach capacity during a handful of major events throughout the year with
the exception of the 7th Street Garage which may reach capacityslightly more often than the
balance of the system. The recovery of lost revenue is substantially mitigated by Hertz' $75
monthly payment per space. The potential revenue loss is the gap between the monthly rate
and the transient revenue these rooftop parking spaces would generate when the garage is
at capacity. Unfortunately, this difference in revenue is difficult to project; however, it was
deemed as an acceptable level of subsidy for the City to proceed with the shared car
program. It is important to note that the attached Agreement contains provisions for the City
to terminate the Concession Agreement for various reasons, including for convenience.
Pursuant to the second directive from the FCPC to have Hertz pursue negotiations with
private parking garage ownersloperators to provide a Shared Car Program, the
Administration provided Hertz with contact information for the private parking garage owners1
andlor operators on Miami Beach. Hertz has indicated that they have had conversations
with various private operators; however, there have been no firm commitments to date.
On October 27,2009, the City's Sustainability Committee endorsed the Shared Car Agreement with
the Hertz Corporation; and on October 29,2009, the FCPC endorsed the Shared Car Agreement,
including the above stated revised financial return to the City; and on November 2,2009, the City's
Transportation and Parking Committee (TPC) endorsed the Shared Car Agreement with the Hertz
Corporation.
CONTRACT NEGOTIATIONS FOR HERTZ ON DEMAND (SHARED CAR SERVICE)
The attached Agreement delineates the negotiated terms in key elements of the Agreement (see
Exhibit I). The following outlines the Agreement's key terms:
Term
Revenues to
the City
Concession
Locations,
Vehicle
Classes, and
Rates
Five (5) years with five (5) year renewal option exercised at City's sole discretion.
o No payment to the City in first six months of operations.
o $75 per spacelper month after the initial six months.
0.50% of Gross Revenues in Year 3
0.75% of Gross Revenues in Year 4
1 % of Gross Revenues in Year 5
Concession Locations:
7th street GarageIMunicipal Garage No .I
12'~ Street GarageIMunicipal Garage No. 2
1 3th Street GarageIMunicipal Garage NO. 3
1 6th Street GarageIMunicipal Garage No. 4
1 7th Street Garage1 Municipal Garage No. 5
42nd Street GarageIMunicipal Garage No. 6
City Hall GarageIMunicipal Garage No. 7
& Alton GarageIMunicipal Garage No. 8
Commission Memorandum - Concession Agreement Pursuant to RFP#4247/08 For A Shared
Car Service
October 19,201 1
Page 4
Hertz On
Demand
Revenue
Commission
%
Commission
$
Space Rental
(Monthly
Rate)
to CMB
No. of Spaces
Monthly
Revenue per
space
Notes:
No payment for the spaces to the City in first six months of operations. $75 per space after the initial six
months.
Feb 1 2011 -
Sept 30 2012
$ 72,000
0%
$ -
$ 3,000
$ 3,000
20
$ 18.75
Oct 1 2012 -
Sept 30 2013
$ 220,800
0%
$ -
$ 20,700
$ 20,700
23
$ 75.00
Oct 1 2013 -
Sept 30 2014
$ 420,000
0.50%
$ 2,100
$ 31,500
$ 33,600
35
$ 80.00
Oct 1 2014 -
Sept 30 2015
$ 720,000
0.75%
$ 5.400
$ 45,000
$ 50,400
50
$ 84.00
Oct 1 2015 -
Sept 30 2016
$ 1,134,000
1 %
$ 11,340
$ 56,700
$ 68,040
63
$ 90.00
Total
$2,566,800
$ 18,840
$ 156,900
$ 175.740
Commission Memorandum - Concession Agreement Pursuant to RFP#42-07/08 For A Shared
Car Service
October 19,201 1
Page 5
Program
Scope &
Launch
Parking
Spaces
Payment to
the City
The following rollout schedule may be altered contingent upon the demand forthe Shared Car
Service, with a minimum of 20 vehicles and a maximum of 100 vehicles.
Year I : 20 Vehicles
Year 2: 23 Vehicles
Year 3: 35 Vehicles
Year 4: 50 Vehicles
Year 5: 63 Vehicles
Up to 100 parking spaces will be necessary to establish the program in municipal garages Citywide.
There is little to no projected annual revenue loss per space as the Shared Car parking spaces shall be
located on the next to last level below the rooftop which have little to no utilization, except during a handful
of major events (Boat Show, Auto Show, Home Show, and Art Basel).
No payments for the spaces shall be due to the City in the first six (6) months of operations. Hertz shall
submit monthly payments pursuant to the Agreement thereafter.
CONCLUSION
-.
The attached Agreement represents the outcome of numerous negotiations sessions, as well as
one that improves upon Hertz' original proposal and addresses the key areas discussed during
Commission and Committee deliberations.
Overall, this program serves to meet the City's goals and objectives of being environmentally-
conscious by promoting a vision to make car sharing an integral part of daily life for Miami Beach
residents and visitors. Benefits from this program will include reduced traffic congestion, improved
air quality, and increased parking availability.
It is recommended that a Resolution of the Mayor and City Commission of the City of Miami Beach,
Florida, approve all material and substantive terms of the Agreement between the City and the Hertz
Corporation as the successful proposer pursuant to Request for Proposals No. 42-07/08, for the
implementation, management, and operation of a Shared Car Service; further authorizing the Mayor
and City Clerk to execute the Agreement having an initial term of five (5) years commencing on the
Operational Date and ending five (5) years from the Operational Date, with a five (5) year renewal
term to be exercised at the City's sole option and discretion.
Attachments
Exhibit 1 - Concession Agreement
JMGIJGGISF
T:/2011/Octl 9lConsentlRFP42-07-08CarSharingConcessionAgreement-Memo.doc
AGREEMENT TO ESTABLISH A CAR-SHARING
PROGRAM IN THE CITY OF MIAMI BEACH
This Agreement to Establish a Car-Sharing Program between the City of Miami Beach,
Florida (the "City"), and The Hertz Corporation ("Hertz"), is made this - day of ,
201 1 (Commencement Date). The term "Agreement" shall refer, collectively, to this agreement
and the exhibits attached hereto.
Pursuant to the terms and conditions set forth in this Agreement, Hertz will launch a car-
sharing program in the City (the "Program") through its car-sharing business, Hertz on Demand,
for the use and enjoyment of Hertz on Demand members. The Program is generally described in
Exhibit A, attached hereto and made a part hereof.
RECITALS
WHEREAS, car-sharing programs are revolutionizing the way people commute within cities
throughout the country, and a shared car service with public access has been determined by the City to be
a desirable and valuable mode of alternative public transportation for the community; and
WHEREAS, a shared car service program will alleviate parking demand; vehicular traffic
congestion; reduce vehicle emissions and reliance on fossil fuels; and serve as a vital and integral part of
the community; and
WHEREAS, on September 10,2008, the Mayor and City Commission authorized the issuance
of Request for Proposals No. 42-07/08 to Solicit Proposals for the Implementation, Management and
Operation of a Shared Car Service Available to the Public (the RFP); and
WHEREAS, at its December 10, 2008 meeting, the Mayor and City Commission adopted
Resolution No. 2008-26957, which accepted the recommendation of the City Manager pursuant to the
RFP, and authorized the Administration to enter into negotiations with Hertz, as the top-ranked
responsive proposer; and
WHEREAS, the City owns and operates (or causes to be operated) certain municipal
garages within the City of Miami Beach; and
WHEREAS, the City seeks to educate the public about, and encourage participation in,
car-sharing by designating certain parking spaces (the "Spaces", as further defined in Section I1
(a) hereof) in the eight (8) municipal garages set forth in Exhibit B (the "Garages", as further
defined in Section I1 (a) hereof), attached hereto and hereby made a part hereof, in accordance
with the terms hereof, for the exclusive use of Program vehicles.
WHEREAS, accordingly, the City and Hertz have negotiated this Agreement for the
implementation, management, and operation of the Program in the City by Hertz.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
covenants herein contained, and for other good and valuable consideration, the receipt and
Page 1 of 26
sufficiency of which is hereby acknowledged, the Parties hereto, intending to be legally bound
hereby agree as follows:
I. THE PROGRAMIHERTZ'S OBLIGATIONS
(a) Hertz will, on or before the ninetieth (90th) day following the Commencement Date
referenced on page 1 of this Agreement (the "Effective Date"), provide dedicated new,
telematics-equipped car-sharing vehicles for the Program (the "vehicles"), in accordance
with the terms and conditions set forth in this Agreement. Hertz may deploy vehicles and
commence the Program prior to the Effective Date but, in such event, and for all other
purposes of this Agreement, the Effective Date will remain the 9oth day following the
Commencement Date.
(b) Each vehicle will, as of the Effective Date, be in good condition and repair, have less
than 3,000 miles, and shall thereafter be replaced throughout the Term before the earlier
of: the passage of three (3) Program Years (as hereinafter defined); or the accumulation
of 36,000 miles; or as vehicle safety dictates. The quality and mix of vehicles allocated to
the Program will be comparable to, or better than, the quality (and mix) of vehicles
provided in other car-sharing programs, including not only those operated by Hertz in
other cities, but also those operated by other major car sharing program operators.
The condition and quality of the vehicles shall at all times be maintained in a manner that
is consistent with good business practices and the standards for condition and quality of
other comparable car sharing programs. Notwithstanding the preceding, Hertz shall, at a
minimum, ensure that all vehicles are well-maintained, safe, and fully operable, in
accordance with the highest standards in the car sharing industry and shall provide the
following:
vehicle maintenance and repair (including, without limitation, all preventive
maintenance, as well as emergency maintenance such as dead batteries, flat tires,
etc);
interior and exterior cleaning at least twice a month;
fuel, by way of a Program-supplied debit or credit card for fuel purchases by the
Program member;
2417 emergency roadside assistance (including towing, if needed); and
insurance coverage for drivers eighteen (1 8) years of age and older in accordance
with the Terms and Conditions (as hereinafter defined).
As of the Effective Date, Hertz will provide the vehicles to City of the classes set forth in
Exhibit C, attached hereto and made a part hereof. Hertz may substitute vehicle makes
and models, without City approval; provided Hertz agrees to use only makes and models,
from a list of mutually agreed upon vehicle makes and models; which list will be
provided by Hertz on or before the Effective Date and attached as Exhibit C-1 hereto.
Hertz agrees to provide a diversified vehicle mix from among the vehicle classes set forth
in Exhibit C for each Program Year for each Garage and for the Program as a whole,
Page 2 of 26
provided that the goal of vehicle diversification shall be subordinate to the goal of
maximizing member and vehicle usage.
City will not remove or authorize the removal of a vehicle allocated to the Program from
a Garage without Hertz's prior consent.
Hertz shall maintain at least the following number of vehicles for each Program Year:
Period No. of Vehicles
First Program Year 20;
Second Program Year 23;
Third Program Year 35;
Fourth Program Year 50;
Fifth Program Year
and
Renewal Period (minimum) 63 - (maximum) 1 00.
The Program vehicles (and the Spaces for same) shall be located within the Garages
identified in Exhibit B hereto. Exhibit B also identifies the number and location of
Program vehicles for the First Program Year. For each Program Year after the first
Program Year, Hertz will notify the City, in writing, at least thirty (30) days in advance,
regarding which vehicles and how many vehicles it will place in each Garage, with the
purpose of maximizing member and vehicle usage. Notwithstanding the preceding, the
City Manager shall make the final determination with regard to the placement of any and
all additional Program vehicles to be added in subsequent Program Years. The
Manager's discretion shall extend both as to the designation of the particular Garage, and
the location of the Spaces therein, for such additional Program vehicles; provided,
however, that the overall number of Spaces shall at all times be equal to the then-
applicable number of Program vehicles allocated for that Program Year (as set forth in
the chart above, as such numbers may be increased or decreased in accordance with the
terms of this Agreement).
Hertz may not increase or decrease the number of vehicles at any time during any given
Program Year without the City Manager's prior written approval, which approval shall
not be unreasonably withheld. Notwithstanding the preceding, at no time during the
Term, shall Hertz decrease the number of Program vehicles below 20, nor shall the
number of vehicles exceed 100. If Hertz reduces the number of vehicles below the
minimum number of 20, the City may terminate this Agreement for cause, as provided in
Section I (d) (1) hereof.
Page 3 of 26
(c) Term. The initial term of this Agreement will be for five (5) years from the Effective
Date (the "initial term"). This Agreement may be renewed, at the sole discretion of the
City, and upon written notice to Hertz at least sixty (60) days prior to the expiration of the
initial term. If so approved and exercised by the City, the renewal term shall be for an
additional five (5) year term (the "renewal term"), commencing immediately after the
expiration of the initial term. The initial term and the renewal term shall collectively be
referred to as the "Term."
A "Program Year" shall mean the annual period commencing on the Effective Date, and
ending on the date immediately preceding the first anniversary of the Effective Date, and
each successive annual period commencing on an anniversary of the Effective Date.
(d) (1) Termination for Cause. Either party may terminate this Agreement for cause if
the other party is in material breach of this Agreement, upon thirty (30) days' written
notice; provided that the breaching party fails to cure the breach within thirty (30) days
following receipt of written notice of such breach. No termination for cause will be
deemed a waiver of any claim for damages by the defaulting party. If it should be
determined that this Agreement was improperly terminated for cause, then such
termination shall be deemed a termination for convenience.
(2) Termination for Convenience. Notwithstanding subsection (d) (1) above, or any
other term or condition of this Agreement, either party may also terminate this
Agreement for convenience (i.e. for any reason and without any liability therefor) upon
ninety (90) days' written notice to the other party.
(3) Surrender of Spaces. At the expiration of this Agreement, or in the event of
termination of the Agreement, Hertz shall surrender the Spaces in the same condition as
the Spaces were prior to the Commencement Date of this Agreement, reasonable wear
and tear excepted. The Spaces shall be returned in good order and repair and free from
any hazardous substances which arrived thereon through the acts or omissions of Hertz,
its employees, agents or contractors during the Term. Hertz shall remove all its vehicles
(and any and all other equipment, fixtures, personal property, etc.) within thirty (30)
days from the expiration or termination date of the Agreement, unless a longer time
period is agreed to, in writing, by the City Manager or hisher authorized designee, who
shall be the City's Parking Director. Hertz's obligation to observe or perform this
covenant shall survive the expiration or other termination of this Agreement. Continued
occupancy of the Spaces (or of all or any portion of the Garages) after such thirty-day or
longer agreed-to period following expiration or termination of the Agreement shall
constitute trespass by Hertz, and may be prosecuted by the City as such. In addition,
Hertz shall pay to the City five hundred dollars ($500) per day as liquidated damages for
such trespass and holding over.
(e) Program usage rates are set forth in Exhibit D, attached hereto and made a part hereof.
The Program rates in Exhibit D hereto shall not be increased during the first Program
Year. Thereafter, at the beginning of each Program Year (starting with the second year),
Hertz may increase the Program usage rates by up to 10% (over the Program usage rates
Page 4 of 26
for the prior Program Year) without the City's consent or approval. If Hertz proposes to
change the Program usage rates by more than 10% (over the Program usage rates for the
prior Program Year), then Hertz must obtain the prior written approval of the City
Manager, which approval shall not be unreasonably withheld.
(f) Vehicles allocated to the Program will be available to Hertz on Demand members,
whether or not such members are residents of the City, or otherwise affiliated with the
City. City will permit Hertz on Demand members to come onto the Garages referenced
in Exhibit B for the sole and limited purpose of accessing and returning the vehicles in
conjunction with Program usage.
(g) Each applicant will be required to satisfy Hertz's membership criteria for Hertz on
Demand. The applicable terms and conditions for membership in Hertz on Demand and
use of Hertz on Demand vehicles are available on the Hertz on Demand website (the
"Terms and Conditions"), and are incorporated herein by reference. This Agreement
shall not be construed to modify said Terms and Conditions, which Hertz reserves the
right, in its sole discretion, to amend from time to time.
The Program membership agreement entered into by a successful applicant is an
agreement between Hertz and the member only; it is understood that the City is not a
party to such agreement and, as such, the City shall not be entitled to the rights or subject
to the obligations thereof. Accordingly, the City have no liability, whether to Hertz,
successful applicants, Program members, andlor to any other third parties, as to any
membership agreement andlor the Terms and Conditions.
(h) Hertz's Member Care Center will be the point of contact for calls for assistance from
Hertz on Demand members associated with the Program.
Ongoing administration of the Program shall be the sole responsibility of Hertz.
Accordingly, on or before the Commencement Date, Hertz shall designate, and provide
notice of same in writing to the City, a supervisory/management level employee, similar
to an Area Manager, who would serve as the primary contact for the City with the
authority to represent, correspond, and act on behalf of Hertz with regard to Hertz's
obligations, and the day-to-day administration of the Program.
Except as may be otherwise expressly provided herein, the City's Parking Director shall
be the primary contact for Hertz with the authority to represent, correspond, and act on
behalf of the City with regard to the City's obligations, and the day-to-day administration
of this Agreement.
(i) The City and Hertz will mutually agree upon the best methods for advertising and
marketing the Program. On or before the Commencement Date, Hertz shall designate,
and provide notice of same in writing to the City, a manager1 tearnldepartrnent to act as a
marketing liaison between Hertz and the City. City shall designate an individual within
the City Administration to coordinate the marketing and promotion of the Program in the
City.
Page 5 of 26
The City will market and promote the Program in its sole discretion and determination
(except that City shall obtain any approvals required by Hertz herein with regard to
Program marketing). Hertz and City will discuss the best methods of advertising and
marketing the Program. Hertz will design marketing collaterals (e.g., flyer) and provide
City with soft copy files (pdf s, jpeg's, tiff's, etc.) for such collaterals. All marketing
collaterals shall be subject to the City Manager, or hisher authorized designee's (who
shall be the individual designated in subsection (i) above) prior written approval, not to
be unreasonably withheld. Program marketing efforts may include, but shall not be
required, at City's sole discretion and determination: news stories in the local media; City
advertising; advertisements in City's newsletters, newspapers, etc.; posters; internet links
from the City's website; brochures; and postcards sent to persons related to City. Should
City elect to produce marketing materials for distribution through all or any of the
aforestated channels, such materials will be subject to Hertz's approval, not to be
unreasonably withheld. Notwithstanding the preceding, the City shall be solely
responsible for determining the means, manner, and methods for marketing and
promoting the Program; provided, however, that the City's marketing and promotion
plan(s) shall be subject to Hertz's review and approval, which will not be unreasonably
withheld.
Hertz will make the Program available on the Hertz on Demand website. Individuals
may use the Hertz on Demand website to become Hertz on Demand members and to
reserve and use Program vehicles.
Neither party may use the other's name, trademark(s), or logo(s) without the prior written
consent of the other, which shall not be unreasonably withheld. Notwithstanding the
preceding, City gives Hertz permission to identify City as a Hertz on Demand client in
Hertz marketing material(s), whether or not such material is connected to the Program,
and to use the City's name, trademark(s), andlor logo(s) in connection therewith.
(1) In consideration for the right to use the Spaces during the Term, fiom and after
the Effective Date, Hertz shall pay to the City the following Base Payment (as hereinafter
defined), plus Commission (as hereinafter defined), for each Program Year; provided that
no Base Payment or Commission shall be payable for the first one hundred eighty (1 80)
days [six (6) months if monthly periods are calendar months] of the initial five-year term:
(A) Definitions
(i) "Base Payment" shall mean a monthly payment equal to Seventy-Five
Dollars and 00/100 ($75.00) per Space.
(ii) "Cornmission" shall mean an annual payment equal to a percentage of
Gross Revenues (as hereinafter defined) for the applicable Program Year,
as set forth in subsections (B) and (C) below.
(iii) "Gross Revenues" shall mean the total revenue from rental of the
Program vehicles by Hertz on Demand members (that is, the aggregate of
the then-applicable Program usage rates times the period of time rented)
Page 6 of 26
actually paid to Hertz for a given Program Year, provided that Gross
Revenues speczfically excludes applicable taxes, surcharges, or penalties.
(B) Initial Five-Year Term
Period Commission
First Program Year 0%
Second Program Year 0%
Third Program Year .5%
Fourth Program Year .75%
Fifth Program Year 1%
(C) Five-Year Renewal Term
Period Commission
Sixth Program Year 1%
Seventh Program Year 1%
Eighth Program Year 1%
Ninth Program Year 1%
Tenth Program Year 1%
(2) Hertz shall provide to City monthly written reports, in such form as shall be agreed
upon between Hertz and the City's Parking Director (with the first report due one (1)
month following the Effective Date) and will include metric such as vehicle usage, the
number of Program members enrolled, and members' usage of vehicles. From and after
the commencement of the third Program Year, Hertz will provide City with monthly
reports summarizing the Gross Revenues and Commissions.
11. CITY'S OBLIGATIONS
(a) City shall provide Hertz with a limited license to use dedicated and reserved parking
spaces commensurate with the number of Program vehicles actually provided pursuant to
Section I(b) and Exhibit C hereof (as that number may be increased or decreased in
accordance with the terms of this Agreement), and shall designate the same for the
exclusive use of the Program (collectively, the "Spaces" and each, individually, a
"Space") in the City owned garages listed in Exhibit B (collectively, the "Garages" and
each, individually, a "Garage"). The location of the Spaces shall be determined by the
City Manager, or his authorized designee (who shall be the City's Parking Director), in
Page 7 of 26
hisher sole and absolute discretion. Upon thirty (30) days' prior written notice to Hertz,
the City Manager may relocate the Spaces within each Garage, with City only responsible
for the cost associated with relocation of stall signage; provided the overall number of
Spaces shall at all times be equal to the then-applicable number of Program vehicles
allocated for that Program Year (as set forth in Article I(b) hereof, as such numbers may
be increased or decreased in accordance with the terms of this Agreement). If the City
desires to reallocate the Spaces among the Garages, it shall notify Hertz of its desire,
identifying its proposed reallocation, and Hertz shall, within thirty (30) days of receipt of
such notice, establish a new vehicle allocation among the Garages in an effort to
accommodate the City's desire without compromising member or vehicle usage.
Hertz understands and acknowledges that the Spaces and the Garages are the property of
the City and not of Hertz and, as such, Hertz will not assert the City's property as its own
or otherwise offer the City's property as collateral to any third party. Hertz shall keep the
Spaces (and the Garages) free from any liens arising out of any work performed,
materials, furnished, or any other obligation incurred by Hertz.
(b) City shall use reasonable commercial efforts to ensure that the Spaces are available and
accessible twenty-four (24) hours, seven (7) days per week (e.g. including towing, or
having towed, vehicles parked in such Spaces that are not allocated to the Program).
Notwithstanding the preceding sentence, or any other term or condition of this
Agreement, Hertz accepts the Spaces and the Garages in their respective "AS IS"
"WHERE IS" condition. City agrees to maintain the Spaces consistent with Citywide
practices; provided, however, that Hertz shall assume sole responsibility and expense for
day to day housekeeping of the Spaces and for maintaining a neat and orderly operation
which, at a minimum and without limitation, shall include daily removal of litter,
garbage, and debris during all dayshours of operation. Hertz shall not permit the
accumulation of refuse, or dispose of liquid or other waste, in or about the Spaces, nor
cause or permit any nuisance or other condition or act that may interfere with the
authorized use of the Spaces for the Program.
City shall be entitled to enter onto the Spaces at any time and for any purpose including,
but not limited to, maintenance and inspection of the Spaces andlor the Garages. If the
City requires Hertz to temporarily relocate a vehicle within a Garage to perform such
maintenance or inspection, the City shall provide Hertz with at least five (5) days prior
notice specifying where the vehicle(s) are to be relocated and for how long. Hertz shall
be responsible for moving vehicles that interfere with the regular maintenance of the
Spaces andlor the Garages.
(c) City shall be responsible for installing signage, designating each Space for Hertz's
exclusive use for the Program (which signage may also include Tow Away Notices,
corporate signage, directional signage, and informational signage). All such signage shall
be provided by Hertz, at its expense. The City Manager shall have the right to approve
the size, placement, and form of any signage prior to its installation, which approval shall
not be unreasonably withheld. The City Manager shall be the final authority with regard
to the placement and location of any approved signage within a particular Garage;
provided, however, that helshe shall make reasonable, good faith efforts to ensure that
Page 8 of 26
such signage shall be placed in, on or about the exterior of the Garages in high visibility
locations. Hertz will own the signs and maintain the signs after installation by the City.
Hertz will promptly replace any damaged or missing signage, at its sole cost and expense.
Hertz shall have the right to use its usual trademarks and logos in its signage.
(d) If the number of vehicles allocated to the Program is increased as provided in Section I
(b), then City will provide additional Spaces for such vehicle(s) in accordance with this
Section 11.
(e) During the Term, City shall not enter into any agreement, discussions, or negotiations
preparatory to entering into any agreement with any other entity to make a car-sharing
service available on City property.
(f) Notwithstanding anything to the contrary contained herein, the City, and/or its
officers, employees, or contractors, shall not be liable for any damage to Hertz's
vehicles, provided that any such damage was not directly caused by the gross
negligence or willful misconduct of the City, or of its officers, employees, or
contractors.
111. INSURANCE and INDEMNITY
(a) Hertz shall maintain, at its sole cost and expense, the following types of insurance
coverage at all times throughout the Term:
1. Comprehensive General Liability, in the minimum amount of One Million
Dollars ($1,000,000) per occurrence for bodily injury (including death),
property damage, and personal injury. This policy must also contain
coverage for premises operations, products and contractual liability.
2. Workers Compensation Insurance shall be provided as required under the
laws of the State of Florida.
3. Automobile Insurance for any vehicles operated by Hertz in connection
with this Agreement andlor the Program, shall be provided covering all
owned, leased, and hired vehicles and non-ownership liability for not less
than the following limits:
Bodily Injury (including death) $1,000,000 per person
Bodily Injury (including death) $1,000,000 per accident
Property Damage $1,000,000 per accident
Subject to subsection 111 (c) below, failure to procure or maintain the required
insurance coverage(s) shall, at the City Manager's discretion, either (i) constitute an
automatic default of the Agreement under which the City may, upon written notice
to Hertz, immediately terminate the Agreement for cause; or (ii) in its sole
Page 9 of 26
discretion, the City may obtain the insurance itself, in which case said insurance
shall be charged back to the Hertz as provided in the following paragraph.
The policies of insurance referred to above shall not be subject to cancellation or
changing coverage except upon at least thirty (30) days prior written notice to the City,
and then only subject to the prior written approval of the City Manager or hisher
designee, who shall be the City's Risk Manger. Prior to the Commencement Date, Hertz
shall provide City with a Certificate of Insurance for each such policy. ALL POLICIES
SHALL NAME THE CITY OF MIAMI BEACH FLORIDA AS AN ADDITIONAL
INSURED. Subject to subsection I11 (c) below, all such policies shall be obtained from
companies authorized to do business in the State of Florida with an A.M. Best's Insurance
Guide (latest edition) rating reasonably acceptable to the City's Risk Manager, and any
replacement or substitute company shall also be subject to the approval of the City's Risk
Manager. Should Hertz fail to obtain, maintain or renew the policies of insurance referred
to above, in the required amounts, the City may, at its sole discretion, automatically
terminate this Agreement for Cause or, in the alternative, after at least ten (10) business
days' prior written notice to Hertz and without Hertz obtaining, maintaining or renewing
such insurance, obtain such insurance, and any sums expended by City in obtaining said
insurance, shall be repaid by Hertz to City, plus ten percent (10%) of the amount of
premiums paid to compensate City for its administrative costs. If Hertz fails to repay
City's expenditures within fifteen (15) days of demand, the total sum owed shall accrue
interest at the rate of twelve percent (12%) until paid, or, at its option, the City may
declare the Agreement in default pursuant to Section I(d)(l) hereof.
The terms of insurance policies referred to in this subsection shall preclude subrogation
claims against Hertz, the City and their respective officers, employees, contractors, and
agents.
(b) Hertz shall indemnify, defend, and hold harmless the City, and its officers, employees,
agents, contractors and assigns ("City Indemnitees"), from and against all liabilities,
obligations, losses, damages, penalties, claims, actions, suits, costs, charges,
subrogations, and expenses including reasonable legal and other professional fees and
expenses and expert witnesses, which may be imposed upon or incurred by or asserted
against the City Indemnitees (collectively "Damages"), or any of them, by reason of
actual or alleged (1) injury or death to persons (including, without limitation, one or more
of the City Indemnitees, or of Hertz and/or its officers, directors, employees, contractors,
agents, or assigns); or (2) damage to the property of any person or legal entity (including,
without limitation, the property of one or more of the City Indemnitees, and the property
of Hertz andlor its officers, directors, employees, contractors, agents, or assigns), in either
case resulting &om or arising out of (i) the operation by Hertz, its officers, directors,
employees, contractors, or agents of any vehicles used for or associated with Hertz's
operations under the Program and/or this Agreement; (ii) the use of the Spaces andlor the
Garages by Hertz, its officers, directors, employees, contractors, or agents; or (iii) any or
all work, services, and/or obligations performed and/or provided under the Program or
this Agreement by Hertz, andlor its officers, directors, employees, contractors or agents.
The foregoing agreement to indemniQ, defend and hold the City Indernnitees harmless
shall not be applicable to the extent that such Damages are caused by the willll
Page 10 of 26
misconduct or gross negligence of the City Indemnitees or are caused by Hertz on
Demand members. The provisions of this subsection (b) shall survive the termination or
expiration of this Agreement.
(c) Hertz's insurance coverage shall be primary as respects City Indemnitees. Any insurance
or self insurance maintained by the City, and/or by any City Indemnitee, shall be in
excess of Hertz's insurance and shall not contribute with it. Except for Worker's
Compensation insurance, Hertz shall have the right to self insure the coverages required
by this Agreement, provided that Hertz has and maintains a net worth of at least $50
million. Hertz shall provide a certificate of insurance to evidence the coverages required
by this Agreement, and failure to provide such certificate of insurance shall be deemed a
material breach of this Agreement.
(d) It is understood and agreed by Hertz that its liability to City, and/or to the City
Indemnitees, shall not in any way be limited to or affected by the amount of insurance
coverage required or carried by Hertz under this Agreement.
IV. GENERAL TERMS and CONDITIONS
(a) Hurricane Evacuation Plan.
Hertz agrees that upon the issuance of a Hurricane Warning by the Miami-Dade County
Office of Emergency Management, it shall ensure that all vehicles and any and all other
items used in connection with the Program or this Agreement shall be secured.
Additionally, and notwithstanding the foregoing, Hertz agrees that upon receipt of
notification from the City, whether in writing or verbally, which may be communicated
to Hertz via telephone, fax and/or email, all vehicles and any and all other items used in
connection with the Program or this Agreement shall be removed fiom the Spaces and the
Garages and stored at a private, off-site location, within 24 hours of said notification.
Hertz's failure to remove vehicles and any and all other items used in connection
with the Program or this Agreement upon notice from the City, and within the time
period provided in this subsection, may, at the City Manager's sole discretion,
constitute an automatic default of the Agreement under which the City may, upon
written notice to Hertz, immediately terminate this Agreement for cause.
(b) City Business Tax Receipt.
Hertz shall obtain, and maintain current and in good standing throughout the Term, at its
sole cost and expense, a Business Tax Receipt (BTR) required by City law, as amended
fiom time to time, for the proposed uses contemplated under this Agreement.
(c) Late Payment.
Any payment which Hertz is required to make to City which is not paid on or before the
respective date provided for in this Agreement shall be subject to be a penalty of $50.00
Page 11 of 26
per day assessed for late or delinquent payments, along with simple interest accruing to
the City at the rate of ten (10%) percent per annum, from the due date of payment until
such time as payment is actually received by the City. Payments shall be considered late
when paid five (5) days after the due date. Interest shall accrue beginning with the tenth
(1 0th) day following due date.
(d) Sales and Use Tax.
It is also understood that, if applicable, the required Florida State Sales and Use Tax
shall be added to Hertz's payments and forwarded to the City as part of said payments. It
is the City's intent that it is to receive all payments due from Hertz as net of such Florida
State Sales and Use Tax. The City represents that, as of the Commencement Date, it does
not assess or impose any City tax or surcharge on payments for use of parking spaces.
(e) Maintenance and Examination of Records.
Hertz shall maintain current, accurate, and complete financial records on an accrual basis
of accounting related to the Program and its operations pursuant to this Agreement.
Systems and procedures used to maintain these records shall include a system of internal
controls and all accounting records shall be maintained in accordance with generally
accepted accounting principles and shall be open to inspection and audit, by the City
Manager or hisher designee upon reasonable prior notice and during normal business
hours. Such records and accounts shall include a breakdown of gross revenues, expenses,
and profit and loss statements, and such records shall be maintained as would be required
by an independent CPA in order to audit a statement of annual gross revenues and profit
and loss statement pursuant to generally accepted accounting principles.
(f) Inspection and Audit.
Hertz shall maintain its financial records pertaining to its operations for a period of three
(3) years after the conclusion of the initial term, or (if approved) the renewal term, and
such records shall be open and available to the City Manager or hisher designee, as
deemed necessary by the City Manager or hisher designee. Hertz shall maintain all such
records at its principal office, currently located at 225 Brae Boulevard, Park Ridge, New
Jersey, 07656; provided, however, that all such records shall be relocated, at Hertz's
expense, to a location within the City of Miami Beach, within ten (10) days' written
notice from the City Manager or hisher designee that the City desires to review said
records.
Subject to V.(n), The City Manager or hisher designee shall be entitled to audit Hertz's
records pertaining to its operation as often as it deems reasonably necessary throughout
the Term, and three (3) times within the three (3) year period following termination of the
Agreement, regardless of whether such termination results fiom the natural expiration of
the Term or for any other reason. The City shall be responsible for paying all costs
associated with such audits, unless the audit(s) reveals a deficiency of five percent (5%)
or more in Hertz's statement of gross receipts for any year or years audited, in which case
Page 12 of 26
the firm shall pay to the City, within thirty (30) days of the audit being deemed final (as
specified below), the cost of the audit and a sum equal to the amount of the deficiency
revealed by the audit, plus interest; provided, however, the audit shall not be deemed
final until Hertz has received the audit and has had a reasonable opportunity to review the
audit and discuss the audit with the City. Nothing contained within this subsection shall
preclude the City's audit rights for resort tax collection purposes.
From and after the commencement of the third Program Year, Hertz shall submit at the
end of each remaining Program Year of the initial term (and, if approved, the renewal
term), a certified audited annual statement of Gross Revenues from the Program, in a
form consistent with generally accepted accounting principles. These statements will be
provided by Hertz's internal accounting or operating departments.
It is Hertz's intent to stay informed of comments and suggestions by the City regarding
Hertz's performance under the Agreement. Within thirty (30) days after the end of such
Program Year, Hertz and City may meet to review Hertz's performance under the
Agreement. At the meeting, Hertz and City may discuss quality, operational, maintenance - - and any other issues regarding Hertz's performance under the Agreement.
(g) Taxes, Assessments, and Utilities.
Hertz agrees to and shall pay before delinquency all taxes (including but not limited to ad
valorem resort taxes) and assessments of any kind assessed or levied upon Hertz by
reason of this Agreement or by reason of the business or other activities and operations of
Hertz upon or in connection with the Program andor its use of the Spaces andfor the
Garages in connection therewith. Hertz will have the right, at its own expense, to contest
the amount or validity, in whole or in part, of any tax andor assessment by appropriate
proceedings diligently conducted in good faith. Hertz may refrain from paying a tax or
assessment to the extent it is contesting the assessment or imposition of same in a manner
that is in accordance with law; provided, however, if, as a result of such contest,
additional delinquency charges become due, Hertz shall be responsible for such
delinquency charges, in addition to payment of the contested tax andlor assessment if so
ordered. Hertz shall also pay for any fees imposed by law for licenses or permits for any
business, activities, or operations of Hertz upon the City's property including, without
limitation, the Spaces andfor the Garages. The City represents that, as of the
Commencement Date, it does not assess or impose any City tax or surcharge on payments
for use of parking spaces.
Utilities.
No utilities will be provided by the City in connection with Hertz's operations under this
Agreement.
(h) No Dangerous Materials.
Hertz agrees not to use or permit in the Spaces andor the Garages the storage andfor use
of gasoline, fuel oils, diesel, illuminating oils, oil lamps, combustible powered electricity
Page 13 of 26
producing generators, turpentine, benzene, naphtha, propane, natural gas, or other similar
substances, combustible materials, or explosives of any kind, or any substance or thing
prohibited in the standard policies of fire insurance companies in the State of Florida.
Any such substances or materials found being used within or in the vicinity of the Spaces,
or otherwise in the Garages, shall be immediately removed and shall be considered cause
for default and/or termination.
Notwithstanding any contrary provisions of this Agreement, Hertz, after the Effective
Date, shall indemnify and hold the City harmless from any loss, damage, cost, or expense
of the City, including, without limitation, reasonable attorney's fees, incurred as a result
of, arising fiom, or connected with the placement by Hertz, and/or its officers, directors,
employees, contractors, agents, or assigns after the Effective Date, but during the Term,
of any hazardous substance or petroleum products on, under, in, upon, or in the vicinity
of the Spaces, or on, under, in, or upon the Garages, as those terms are defined by
applicable Federal and State Statute, or any environmental rules and environmental
regulations promulgated thereunder; provided, however, Hertz shall have no liability in
the event of the willful misconduct or gross negligence of the City, its agents, servants or
* ~ employees.
The provisions of this subsection (h) shall survive the termination or earlier expiration of
this Agreement.
(i) Security.
Hertz shall be responsible for and provide reasonable security measures which may be
required to protect the vehicles. Under no circumstances shall the City be responsible for
any stolen or damaged goods, facilities, materials and/or other equipment including, but
not limited to, the vehicles, nor shall City be responsible for any stolen or damaged
personal property of Hertz's employees, contractors, agents, vendors, patrons, guests,
invitees, and/or any other third parties.
Cj) Maintenance of Vehicles.
Hertz shall not permit the use of any vehicle, in a state of repair that violates any
Municipal, County, State or Federal Laws. Vehicles may only be driven and/or parked in
areas designated for such purposes and as provided for by applicable law.
(k) Inspection.
Hertz agrees that the vehicles and/or the Spaces, and/or the Garages may be inspected at
any time during days and hours of operation by the City Manager or hisher designees, or
by any other municipal, County, State oflicer, or agency having responsibilities for
inspections of such operations. Hertz hereby waives all claims against the City for
compensation for loss or damage sustained by reason of any interference (which
interference, if by the City, must be reasonable) with its operations by any public agency
or oficial in enforcing their duties or any laws or ordinances. Any such interference
Page 14 of 26
(which interference, if by the City, must be reasonable) shall not relieve Hertz fiom any
obligation hereunder.
(1) Force Maieure.
Neither party shall be obligated to perform hereunder and neither party shall be deemed
to be in default if performance is prevented by:
a. earthquake; hurricane; flood; act of God; civil commotion occurring at the
Garages during or in connection with any event or other matter or
condition of like nature; or
b. any law, ordinance, rule, regulation or order of any public or military
authority stemming fiom the existence of economic or energy controls,
hostilities, or war.
(m) Waiver of Loss fiom Hazards.
>- ~
Hertz hereby expressly waives all claims against the City for loss or damage sustained by
Hertz resulting fiom fire, water, natural disasterslacts of God (e.g. hurricane,
tornado, etc.), civil commotion, riot, or any other Force Majeure contemplated in
subsection (1) above, and Hertz hereby expressly waives all rights, claims, and demands
against the City and forever releases and discharges the City of Miami Beach, Florida,
fiom all demands, claims, actions and causes of action arising fiom any of the aforesaid
causes.
(n) Notices.
All notices fiom the City to Hertz shall be deemed duly served upon receipt, if mailed by
registered or certified mail, return receipt requested, or by nationally recognized
overnight courier to Hertz at the following address:
The Hertz Corporation
Attn: Mr. Jordan Reber
Carsharing Senior Director
225 Brae Boulevard
Park Ridge, New Jersey 07656
With copies to: The Hertz Corporation
Attn: Hertz on Demand
225 Brae Boulevard
Park Ridge, New Jersey 07656
All notices fiom Hertz to the City shall be deemed duly served upon receipt, if mailed by
registered or certified mail, return receipt requested, or by nationally recognized
overnight courier to the City of Miami Beach at the following addresses:
Page 15 of 26
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33 139
Attn: City Manager
With copies to:
City of Miami Beach Parking Department
309-23rd Street, Suite 200
Miami Beach, FL 3 3 13 9
Attn: Parking Director
Hertz and the City may change the above mailing address at any time upon giving the
other party written notification. All notices under this Agreement must be in writing.
(0) Compliance. - -
Hertz shall comply with all applicable City, Miami-Dade County, State, and Federal
ordinances, statutes, rules and regulations, including but not limited to all applicable
environmental City, County, State, and Federal ordinances, statutes, rules and regulations
relating to its obligations under this Agreement.
(p) Equal Employment Opportunitv.
Neither Hertz nor any affiliate of Hertz performing services hereunder, or pursuant
hereto, will discriminate against any employee or applicant for employment because of
race, creed, sex, color, national origin, sexual orientation, and disability, as defined in
Title I of ADA. Hertz will take affmative steps to utilize minorities and females in the
work force and in correlative business enterprises.
(q) No Discrimination.
Hertz agrees that there shall be no discrimination as to race, sex, sexual orientation,
gender identity, color, national origin, marital familial status, religion, disability, or age,
in its employment practice or in the operations referred to by this Agreement. All
operations and services offered shall be made available to the public, subject to the right
of Hertz and the City to establish and enforce rules and regulations to provide for the
safety, orderly operation and security of the operations and the facilities.
Pursuant to the City's Human Rights Ordinance (as same may be amended from time to
time), Hertz, by executing this Agreement, certifies that it does not discriminate in its
membership or policies based on race, color, national origin, religion, sex, sexual
orientation, gender identity, marital or familial status, disability, or age.
Page 16 of 26
Hertz agrees and acknowledges that, as applicable, it shall comply with American with
Disabilities Act (ADA) standards, Florida Accessibility Code standards, and any other
applicable accessibility standards required by law.
(r) Not a Lease.
It is expressly understood and agreed that no part, parcel, building, facility, equipment or
space including, without limitation, all or any portion of the Spaces andlor the Garages,
is/are leased to Hertz; that Hertz is not a lessee; and that Hertz's right to operate under
this Agreement shall continue only so long as this Agreement remains in effect.
(s) No Third Party Beneficiary.
Nothing in this Agreement shall confer upon any person or entity, other than the parties
hereto and their respective successors and permitted assigns, any rights or remedies by
reason of this Agreement.
(t) Limitation of Liability.
The City desires to enter into this Agreement only if in so doing the City can place a limit
on its liability for any cause of action for breach of this Agreement, so that its liability for
any such breach never exceeds the sum of $10,000.00. Hertz hereby expresses its
willingness to enter into this Agreement with a $1 0,000.00 limitation on recovery for any
action for breach of contract. Accordingly, and in consideration of the separate
consideration of $1 0.00, the receipt of which is hereby acknowledged, the City shall not
be liable to Hertz for damages to Hertz in an amount in excess of $10,000.00, for any
action for breach of contract arising out of the performance or non-performance of any
obligations imposed upon the City by this Agreement. Nothing contained in this
paragraph or elsewhere in this Agreement is in any way intended to be a waiver of
limitation placed upon the City's liability as set forth in Florida Statutes, Section 68.28.
V. MISCELLANEOUS TERMS AND CONDITIONS
(a) Other than warranting that it has the right to enter into this Agreement and its
performance of this Agreement, NEITHER PARTY MAKES ANY WARRANTIES
OR CONDITIONS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING
THOSE WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY IS MADE THAT
THE PROGRAM AND THE SERVICES PROVIDED HEREUNDER WILL
MEET CITY'S REQUIREMENTS.
(b) This Agreement is intended for the exclusive benefit of the parties executing it and their
permitted successors and assigns, and, to the fullest extent permitted by applicable law,
no other person or entity shall have rights hereunder whether as a third-party beneficiary
or otherwise.
Page 17 of 26
(c) Neither party shall have the right to assign this Agreement without the prior written
consent of the other party.
(d) This Agreement shall be governed by, and construed in accordance with, the laws of the
State of Florida, both substantive and remedial, without regard to principles of conflict of
laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern
District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,
HERTZ AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY
HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR
ARISING OUT OF, THIS AGREEMENT.
(e)This Agreement shall be construed without the aid of any rule of law requiring or
permitting construction against the drafter of the Agreement or the portion(s) of the
Agreement in question, it being agreed that all parties hereto have expressly and freely
agreed to the content of this Agreement.
(f) This Agreement constitutes the entire agreement and understanding between and among -. the parties with respect to the subject matter hereof and supersedes all other prior or ,
contemporaneous oral agreements, understandings, undertakings and negotiations of the
Parties.
(h) If any term in this Agreement is found by competent judicial authority to be
unenforceable in any respect, the validity of the remainder of this Agreement will be
unaffected, provided that such unenforceability does not materially affect the parties'
rights under this Agreement.
(i) The provisions set forth in the following Sections and subsections of this Agreement will
survive after termination or expiration of this Agreement and will remain in effect until
fulfilled: the indemnities in Section I11 (b) and Section IV (h); and the provisions in
Section V.
(j) Neither Hertz nor any personnel of Hertz will for any purpose be considered employees
or agents of City. Hertz assumes full responsibility for the actions of Hertz's personnel,
and is solely responsible for their supervision, daily direction and control, payment of
salary (including withholding income taxes and social security), worker's compensation
and disability benefits.
(k) Neither City nor any personnel of City will for any purpose be considered employees or
agents of Hertz. City assumes full responsibility for the actions of City's personnel, and
is solely responsible for their supervision, daily direction and control, payment of salary
(including withholding income taxes and social security), worker's compensation and
disability benefits.
(1) The relationship of Hertz and City is solely that of independent contractors.
(m)Neither party shall be liable to the other for any indirect, incidental, special or
consequential damages, including lost profits or interruption of business.
Page 18 of 26
(n) Neither City nor any of its employees, agents or representatives shall disclose to any third
party or use any trade secret, business, commercial, technical, financial, strategic or other
proprietary and confidential information furnished by or on behalf of Hertz to City
relating to Hertz's operation of the car sharing program at City ("Confidential
Information") for any purpose except in furtherance of assessing the performance and
expected performance of the car sharing program at City. City shall take all steps
reasonably required to maintain the confidentiality of Confidential Information in its
possession, and will use the same standard of care to protect the Confidential Information
as City uses to protect its own similar confidential information, but not less than a
reasonable standard of care. For purposes of this subsection (n), any information,
records, documents or any and all other materialslinformation that is subject to
inspection, copying, andlor disclosure pursuant to (i) the requirements of Florida Public
Records law (including, without limitation Chapter 119, Florida Statutes), as same may
be amended from time to time; or (ii) court order or the order of any administrative body
having jurisdiction over the subject matter under this Agreement.
(0) Failure of either party to enforce any provision of this Agreement shall not constitute a
waiver of the right to enforce such provision, unless such waiver is in writing and signed - ~
by the waiving party.
(p) City Request for Proposals No. 42-07/08 to Solicit Proposals for the Implementation,
Management, and Operation of a Shared Car Service Available to the Public (the "RFP"),
and Hertz's response thereto (the "Proposal"), are attached and incorporated as Exhibit E
hereto; provided, however, that in the event of an express conflict among the RFP,
Hertz's Proposal, and this Agreement, the precedence will be given to this Agreement.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Page 19 of 26
The parties have executed this Agreement as of the date first set forth above. The individuals
signing below on behalf of the respective parties hereby represent and warrant that they are duly
authorized to execute and deliver this Agreement on behalf of the party indicated and that this
Agreement is binding upon the parties in accordance with its terms.
CITY OF MIAMI BEACH THE HERTZ CORPORATION
BY
Title
Dated
Attest
BY
Title
Dated
Attest
APPRwEDAStC)
FORM a LANGUAGG
Page 20 of 26
EXHIBIT A
Program SummaryAlescription
Hertz on Demand is a car sharing service where vehicles are placed in the proximity of the
expected users and the rental term varies from an hour up to a few days. Members will have
self-service access to a fleet of vehicles. Members will be able to reserve the vehicles on the
web or via a touchtone phone for as little as an hour up to a few days. A simple hourly fee
includes, gas, insurance, maintenance, cleaning, a reserved parking spot as well as 2417
roadside assistance. Hertz on Demand is comprised of the following components:
Membership - To join, drivers must register and be approved to drive a vehicle. To be
approved, drivers must be at least 18 years of age, meet our driving record criteria, and
possess a valid driver's license and a valid credit or debit card. Signing up is as easy as
going online and filling out a quick application.
Self-service vehicle accessing - Hertz on Demand allows members to reserve a car on the
web or via telephone. Approved members are assigned a member number, a PIN and a
card or key fob that utilizes WID technology, all of which are required for the self-
service reservation and rental. With the card or key fob, members will have unrestricted
access to all vehicles.
Hourly Rates - Connect by Hertz vehicles are available by the hour, making short trips
cost effective.
Priced Incrementally - members will only be charged for their reservation time (provided
the vehicle is returned on time). They can choose to use the vehicles for as little as an
hour up to a few days.
All-inclusive - Hertz on Demand simple hourly fee includes gas, insurance, a reserved
parking spot, maintenance, cleaning, and 2417 roadside assistance.
Member Care Center - The MCC will provide round-the-clock service to members
leveraging Hertz's existing infrastructure, answering incoming calls via a toll free
number (1-877-654-4400) and responding to e-mail inquiries directed to the Connect by
Hertz Member Care Center mailbox so members will be supported at any time in case of
questions or need of assistance.
Page 21 of 26
EXHIBIT B
Garages
*NOTE: Number of Program Vehicle (Parking) Spaces for subsequent Program Years shall
be in accordance with (and shall not exceed) the number of vehicles set forth in Article I (b) of
the Agreement, which may be increased, decreased, andlor relocated as provided in the
Agreement.
Page 22 of 26
EXHIBIT C
Program Vehicles
Page 23 of 26
Hertz On Demand Miami Beach
Vehicle Category
Economy Car
Smart Cars
Premium Compact Car
Intermediate
Hybrid
Fullsize
Large SUV or Luxury Sedan
5 Pass SUV or Pickup Trk
Luxury SUV
Midsize SUV
Convertible
Vehicle Models
Example
Toyota Yaris
Smart Car
BMW Mini
Chevy Cruze
Toyota Prius
Chevy Impala
Mercedes GLK
Buick Enclave
Cadillac Escalade
Ford Escape
Volvo C70
EXHIBIT (C-1)
Program Vehicle Makes and Models to be Provided by Hertz on Effective Date
Page 24 of 26
EXHIBIT D
Program Usage Rates
Page 25 of 26
EXHIBIT E
Proposal Documents
Page 26 of 26
RESOLUTION TO BE SUBMITTED
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
I A Resolution retroactively authorizing the acceptance of $20,154 in cash donations made to the City I
to benefit of the parks-and ~ecreation ~e~artment's Under 15 Traveling Soccer Team's travel
expenses to attend the Regional and National Youth Soccer Championships, and further appropriating
such funds for payment of said expenses into account 01 1-0950-000353.
Key Intended Outcome Supported: I Increase satisfaction with family recreational activities
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey
indicates 84.9% of residents rated the City's Recreation programs as either excellent or good.
Issue:
Should the City accept donationslsponsorships for the Under 15 Traveling Soccer Team?
The City's Parks and Recreation Department regularly accepts donations from community partners
and individuals to benefit specific sports interests, normally stipulated by the entity presenting the
donation. These donations help the community become more involved with the City's Recreation
Division, and support the activities of the children within the community. Depending on the level of
donation, the community partner may receive a plaque with a picture of the sponsored team, a
banner, etc. Most recently, the City accepted donations totalling $ 20,154 from various community
businesses and individuals to defray expenses for the Under 15 Traveling Soccer Team to travel and
compete in Regional and National Youth Soccer Championships. These expenses included
transportation, lodging, meals, etc. As you may recall, the Under 15 team competed successfully in
the regional competition and excelled at the national event.
It is recommended that the Mayor and Commission retroactively accept the donations provided to the
City to support the efforts of the Under 15 Traveling Soccer team to travel to the regional and national
competitions.
Advisory Board Recommendation:
I NIA
Financial Impact Summary: These deposited donations assist in defraying the cost of the U15
Traveling Soccer Team's expenses to the Regional and National Youth Soccer President's Cup
Tournament in June and July, 201 1.
=inancia1 Information:
City Clerk's Office Legislative Tracking: I Kevin Smith, Director of Parks and Recreation
w
T:MGENDADOl 1\lO-19-1 I\Soccer Sponsorship Acceptance Summary Sheet October 19.201 1 docu
Source of
Funds:
OBPl
Amount
$20,154 1
Total
Account
#. 01 1-0950-000353
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: October 19, 201 1
SUBJECT: A RESOLUTION RETROACTIVELY AUTHORIZING THE ACCEPTANCE OF
$20,154 IN CASH DONATIONS MADE TO THE CITY TO SUPPORT THE
PARKS AND RECREATION DEPARTMENT'S UNDER 15 TRAVELING
SOCCER TEAM, TO DEFRAY THE TEAM'S TRAVEL EXPENSES TO
DECATUR, ALABAMA, ON JUNE 10-12, 2011, FOR THE REGIONAL
YOUTH SOCCER PRESIDENT'S CUP CHAMPIONSHIP, AND TO DES
MOINES, IOWA, ON JULY 7-10, 2011, FOR THE NATIONAL YOUTH
SOCCER PRESIDENT'S CUP CHAMPIONSHIP, AND FURTHER
APPROPRIATING SUCH FUNDS FOR THE PAYMENT OF EXPENSES INTO
ACCOUNT NO. 01 1-0950-000353.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
KEY INTENDED OUTCOME SUPPORTED
Increase satisfaction with recreational programs.
BACKGROUND
The City of Miami Beach Parks and Recreation Department regularly accepts donations from
community partners and individuals to benefit specific sports interests stipulated by the entity
making the donation. These donations provide opportunities for the donors to become more
involved with the City's Parks and Recreation Department's programs by supporting the children's
participation in various activities. Depending on the level of donation, the community partner may
receive a plaque with a picture of the sponsored team, a banner, etc.
ANALYSIS
The most recent example of this generous community support for the City's recreational activities
was the effort to raise the funds needed to send our Under 15 Traveling Soccer Team, coaches
and staff to travel outside the state to compete in the United States Youth Soccer President's Cup
Tournamement. The Regionial Soccer Championships were held in Decatur, Alabama in June. The
team worked digently to fundraise, as well as paying a portion of their own expenses. The
remaining balance needed was provided by individuals and businesses throughout the community
who made donations to ensure the team was able to participate in the Region Ill tournament. Our
team was successful in bringing home the Regional Championship and then had to travel to
DesMoines, Iowa, in July to compete in the National Championship against teams from California,
Kansas and New Jersey. In total the City accepted donations totalling $20,154 from numerous
community businesses and individuals to assist the Under 15 Traveling Soccer Team to travel and
Traveling Soccer Team Donations
October 19, 201 I
Page 2 of 2
compete in Regional and National Youth Soccer Championships. These costs included, for both
trips, transportation, lodging, meals and other ancillary expenses.
Staff, in cooperation with individuals and businesses within our community, continues to work
diligently to identify donations to not just off-set the costs of recreational team and league
expenses, but to create an involved atmosphere within the community.
CONCLUSION
The Administration recommends the adoption of the attached resolution accepting these generous
donations and appropriating them to defray the Under 15 Traveling Soccer team's travel expenses.
JMG,HM+EM
T:WGENDA\201 1\10-19-1 I\Soccer Donation Acceptance - Corn memo 0ctober.doc
RESOLUTION NO.
A RESOLUTION RETROACTIVELY AUTHORIZING THE ACCEPTANCE OF
$20,154 IN CASH DONATIONS MADE TO THE CITY TO SUPPORT THE
PARKS AND RECREATION DEPARTMENT'S UNDER 15 TRAVELING
SOCCER TEAM, TO DEFRAY THE TEAM'S TRAVEL EXPENSES TO
DECATUR, ALABAMA ON JUNE 10-12,2011, FOR THE REGIONAL YOUTH
SOCCER PRESIDENT'S CUP CHAMPIONSHIP, AND TO DES MOINES,
IOWA, ON JULY 7-10, 2011, FOR THE NATIONAL YOUTH SOCCER
PRESIDENT'S CUP CHAMPIONSHIP; AND FURTHER APPROPRIATING
SUCH FUNDS FOR THE PAYMENT OF EXPENSES INTO ACCOUNT NO.
01 1-0950-000353.
WHEREAS, the Recreation Division accepts donations from community partners and
individuals to benefit specific sports interests stipulated by the entity presenting the donation;
and
WHEREAS, these donations help the community become more involved with the City's .?
Recreation Division and support the children within the community; and
WHEREAS, depending on the level of donation, the community partner may receive
advertising space in the Recreation Review, a plaque with a picture of the team, a banner, etc.;
and
WHEREAS, the most recent example of this generous community support for the City's
recreatonal activities was the effort to raise the funds needed to send our Under 15 Traveling
Soccer Team, coaches and staff to travel outside the state to compete in the United States
Youth Soccer President's Cup Regional Tournamement in Decatur, Alabama in June, then to
DesMoines, Iowa for the National Championship in July; and
WHEREAS, the team worked digently to fundraise as well as paying a portion of the
expenses, and the balance of the needed funding was provided by individuals and businesses
throughout the community who made donations to ensure the team was able to participate; and
WHEREAS, in total, the City accepted donations, in the amount of $20,154, from
numerous community businesses and individuals to defray the Under 15 Traveling Soccer
Team's expenses to travel to the Regional and National Championships; and
WHEREAS, Recreation staff, in cooperation with individuals and businesses within our
community, continues to work diligently to identify donations to not just off-set the costs of
recreational team and league expenses, but to create an involved atmosphere within the
community.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND ClTY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission, hereby retroactively authorize the acceptance of $20,154 in cash donations, made
to the City to support the Parks and Recreation Department's Under 15 Traveling Soccer Team,
to defray the team's travel expenses to Decatur, Alabama on June 10-1 2, 201 1, for the Regional
Youth Soccer President's Cup Championship, and to Des Moines, Iowa on July 7-10, 201 1, for
the National Championship; and appropriating such funds for payment of expenses into Account
NO. 01 1-0950-000353.
PASSED and ADOPTED this day of October, 201 1
ATTEST:
MATTI HERRERA BOWER
MAYOR
ROBERT PARCHER, ClTY CLERK
T:\AGENDA\201 1\10-19-1 I\Soccer Donations Acceptance Resolution -0ctober.doc
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
Resolutions authorizing The Mayor And City Clerk to execute the attached Memorandums Of Agreement (MOA), with
the Florida Department Of Transportation (FDOT) for the turf and landscape maintenance services on 1-395 (MacArthur
Causeway) and the Julia Tuttle Causeway at the combined annual amount of $300,000, to be paid to the City Of Miami
Beach by the FDOT; said Agreements commencing on November 1, and November 10, 2011 respectively, and
concluding in one (1) year, with an option to renew for two additional years, on a year-to-year basis.
Key Intended Outcome Supported:
To improve and maintain the cleanliness of Miami Beach rights of way
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer survey indicates 83% of
residents and 81 % of businesses rated the overall quality of the landscape maintenance in rights of way and public
areas as excellent or good.
Issue: I Shall the Mayor and Commission approve the Resolutions?
Item SummarylRecommendation:
In July of 1994, the City Commission approved the initial Memorandums of Agreement (MOA) with the Florida
Department of Transportation (FDOT) to provide for the City to be paid to assume the maintenance of landscaping along
the MacArthur Julia Tuttle Causeways. These Memorandums of Agreement have been renewed annually since that
time. The current agreement for the MacArthur Causeway expires on October 31,201 1, and the current agreement for
the Julia Tuttle Causeway expires on November 09, 201 1. The FDOT wants to enter into new Memorandums of
Agreement (MOA) for a one year period, commencing on November 1,201 1, and November 10,201 1 respectively, with
an option for renewal for two additional years, on a year to year basis. Under the terms of these Agreements, the City of
Miami Beach will receive the combined sum of $300,000 a year payable in the amount of $75,000 quarterly, for a total of
$900,000 during the time period for these Memorandums of Agreement.
For the past several years, the City has utilized the services of a private landscape maintenance company to provide
the required work included in these Agreements. The Julia Tuttle and MacArthur Causeways are maintained by the
same city-managed contractor, and the annual compensation from FDOT pays for the total cost of the landscape
maintenance agreement, plant material replacement as well as the City's staff time required for supervision of these
areas.
I It is recommended that the Mayor and Commissioners approve the resolutions. I
Advisory Board Recommendation: I NIA
Financial Information:
I I I
Source of Amount Account Approved
Funds: i $300,000 Annual Greenspace Revenue account
revenues # 01 1-8000-369404 to receive the
funds quarterly.
I 2 u - I I
OBPl Total 1 $300,000
Financial Impact Summary: I
City Clerk's Office Legislative Tracking: I Kevin Smith, Director of Parks & Recreation I
AGENDA iTEM
DATE lo-@- 0
I 1
Sign-Offs:
Department Director I As-tant City Manager City Manager
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: October 19, 201 1
SUBJECT: A) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
ClTY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
ClTY CLERK TO EXECUTE THE ATTACHED MEMORANDUM OF
AGREEMENT (MOA) WlTH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR THE TURF AND LANDSCAPE
MAINTENANCE SERVICES ON 1-395 (MACARTHUR CAUSEWAY), FROM
THE EAST SlDE OF WATSON ISLAND TO THE WEST SlDE OF EAST
CHANNEL BRIDGE, AT AN ANNUAL COST OF $40,000 TO BE PAlD TO
THE ClTY BY FDOT; SAlD AGREEMENT COMMENCING ON NOVEMBER
1, 2011, AND CONCLUDING ON OCTOBER 31, 2012, WlTH AN OPTION
TO RENEW FOR TWO ADDITIONAL YEARS, ON A YEAR-TO-YEAR
BASIS.
B) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
ClTY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
ClTY CLERK TO EXECUTE THE ATTACHED MEMORANDUM OF
AGREEMENT (MOA) WlTH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR THE TURF AND LANDSCAPE
MAINTENANCE SERVICES ON 1-195 (JULIA TUTTLE CAUSEWAY), FROM
THE EAST OF THE INTRACOASTAL BRIDGE TO ALTON ROAD, AT AN
ANNUAL COST OF $260,000 TO BE PAlD TO THE ClTY BY FDOT; SAlD
AGREEMENT COMMENCING ON NOVEMBER 10, 2011, AND
CONCLUDING ON NOVEMBER 9, 2012, WlTH AN OPTION TO RENEW
FOR TWO ADDITIONAL YEARS, ON A YEAR-TO-YEAR BASIS.
ADMINISTRATION RECOMMENDATION
Adopt the resolutions.
KEY INTENDED OUTCOME SUPPORTED
To Improve and maintain the cleanliness of Miami Beach rights of way.
BACKGROUND
In July of 1994, the City Commission approved the initial Memorandums of Agreement (MOA) with
the Florida Department of Transportation (FDOT) to provide for FDOT to pay the City to assume
the maintenance of landscaping along the Mac Arthur Causeway, specifically from the east end of
Watson Island to the western edge of Alton Road, and the Julia Tuttle Causeway, specifically from
the east end of the westernmost bridge to Alton Road. Both of these Memorandums of Agreement
have been renewed annually since that time.
The current agreement for the Mac Arthur Causeway expires on October 31, 201 1. The FDOT has
Approving the Mac Arthur & Julia Tuttle MOA 's with FDOT
October 19, 201 1
Page 2 of 2
expressed a desire to enter into a new Memorandum of Agreement (MOA) for a one year period,
commencing on November 1, 2011, and concluding on October 31, 2012, with an option for
renewal for two additional years, on a year to year basis.
Additionally, the current agreement for the Julia Tuttle Causeway expires on November 09, 201 1.
The FDOT has expressed a desire to enter into a new Memorandum of Agreement (MOA) for a
one year period, commencing on November 10, 201 1 and concluding on November 9, 2012, with
an option for renewal for two years, on a year to year basis.
ANALYSIS
Under the terms of these Agreements, the City of Miami Beach will receive the combined sum of
$300,000 a year payable in the amount of $75,000 quarterly, for a total of $900,000 during the time
period for these Memorandums of Agreement. For the past several years, the City has utilized the
services of a private landscape maintenance company to provide the required work within the
scope of services included in these Agreements. The Julia Tuttle and Mac Arthur Causeways are
maintained by the same city-managed contractor, and the annual compensation from FDOT pays
for the total cost of the landscape maintenance agreement, plant material replacement, as well as
the City's staff time required for supervision of these areas.
The Parks and Recreation Department employs a Contract Manager who is responsible for
monitoring the work of the landscape maintenance contractor on a regular basis to ensure
specifications are complied with and the landscape materials are properly maintained. Any
deviations from the contract are noted in writing to the contractor and followed until resolved. The
MOU's have provided the City with the ability to manage and maintain these important entrance
corridors into our city consistent with the level with which we manage and maintain other
landscaped areas of the city.
CONCLUSION
To ensure the Mac Arthur and Julia Tuttle Causeways' landscaping continues to be maintained at
the high standards set by the City of Miami Beach, and to receive the annual funding of $300,000
from the Florida Department of Transportation that is necessary to support these maintenance
standards, the Administration recommends the approval of the attached resolutions, the Mac
Arthur Causeway 2011/2012 Memorandum of Agreement and the Julia Tuttle Causeway
201 11201 2 Memorandum of Agreement as attached.
JMGIHMFIKSIJO
T:WGENDA\2011\10-19-1 I\Mac Arthur & Julia Tuttle MOAs- Comm. Memo.doc
RESOLUTION 1
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE ATTACHED
MEMORANDUM OF AGREEMENT (MOA) WlTH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE TURF AND
LANDSCAPE MAINTENANCE SERVICES ON 1-395 (MACARTHUR
CAUSEWAY), FROM THE EAST SIDE OF WATSON ISLAND, TO THE
WEST SIDE OF EAST CHANNEL BRIDGE, AT AN ANNUAL COST OF
$40,000, TO BE PAID TO THE ClTY BY FDOT; SAID AGREEMENT
COMMENCING ON NOVEMBER I, 2011, AND CONCLUDING ON
OCTOBER 31, 2012, WlTH AN OPTION TO RENEW FOR TWO (2)
ADDITIONAL YEARS.
WHEREAS, on July 13, 1994, the Mayor and City Commission adopted Resolution
No. 94-21209, approving a Memorandum of Agreement with the Florida Department of
Transportation (FDOT) to provide for maintenance of landscaping along the MacArthur
Causeway; specifically, from the east end of Watson Island, to the westernmost edge of
Alton Road; and
WHEREAS, this Agreement has since been renewed annually; and
WHEREAS, the current Agreement expires on October 31, 201 1; and
WHEREAS, FDOT wishes to enter into a new Memorandum of Agreement (MOA),
for a one year period, commencing on November 1,201 1, and concluding on October 31,
2012: and
WHEREAS, the new MOA may be renewed for two (2) additional years, if mutually
agreed upon in writing by FDOT and the City; and
WHEREAS, under the terms of the MOA, the City will receive the sum of $40,000 a
year, payable in the amount of $10,000 quarterly; and
WHEREAS, the MacArthur Causeway is maintained by a City managed
contractor; the annual compensation from FDOT pays for the total cost of the agreement
with the private contractor and plant material replacement, as well as the time required for
supervision of this area; and
WHEREAS, the Parks and Recreation Department employs a contract manager
who is responsible to monitor the work of the contractor on a regular basis to ensure
specifications are complied with, and the landscape materials are properly maintained.
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 approve and authorize the Mayor and City Clerk to execute the
attached Memorandum of Agreement (MOA) with the Florida Department of Transportation
(FDOT), for the turf and landscape maintenance services on 1-395 (MacArthur Causeway),
from the east side of Watson Island, to the western edge of AIton Road, at an annual cost
of $40,000, to be paid to the City by FDOT; said Agreement commencing on November 1,
201 1, and concluding on October 31, 2012, with an option to renew for two (2) years.
PASSED and ADOPTED this 19th day of October, 201 1.
MAYOR
ATTEST:
CIN CLERK
T:\AGENDA\2011 \I 0-1 9-1 1 \Mac Arthur-MOA-Reso doc (2).doc
APPROVED AS TO
FORM & LANGUAGE
CONTRACT # AQF 08
TURF AND LANDSCAPE MAINTENANCE
JOINT PARTICIPATION AGREEMENT
BETWEEN THE
FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF MIAMI BEACH
day of $20, by and This Agreement, is made and entered into this
between the State of Florida Department of Transportation, a component agency of the State of
Florida, hereinafter referred to as the 'DEPA.R.TMENTY, and the City of Miami Beach, a
municipal corporation of the State of Florida, hereinafter referred to as the 'CITY'.
RECITALS :
WHEREAS, the DEPARTMENT has jurisdiction and maintains the State Road (S.R.)
lA/I-395/Mac Arthur Causeway corridor in the CITY, and
WHEREAS, the DEPARTMENT, as part of the continual updating of the State of
Florida Highway System and for the purpose of safety, has created roadside areas and median
strips on the State Highway System within the corporate limits of the CITY; and
WHEREAS, the DEPARTMENT, at the CITY'S request, has agreed to reimburse the
CITY for the maintenance of turf and landscape, hereinafter referred to as the 'PROJECT', and
WHEREAS, the CITY recognizes that said median strips and' roadside areas contain turf
and landscape, which shall be maintained in accordance with Exhibit "A", 'Maintenance
Responsibilities', which is herein incorporated by reference; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
Ficial Project Number 253087-2-78-02, and has agreed to reimburse the CITY for turf and
landscape maintenance elements which are outlined in the attached Exhibit "B", 'Project Limits
& Financial Summary', which is herein incorporated by reference; and
IVHEXEAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section
339.08(e) and 339.12, Florida Statutes (F.S.);
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are acknowledged,
the parties agree as follows:
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087-2-78-02
Page 1 of 1 1
1. INCORPORATION OF RECITALS
The foregoing recitals are true and correct and are incorporated into the body of this
Agreement, as if fully set forth herein.
2. GENERAL REQUIREMENTS
a. The CITY shall submit this Agreement to its CITY Commission for ratification or
approval by resolution. A copy of said resolution is attached hereto as Exhibit
"C", 'City of Miami Beach Resolution', and is herein incorporated by reference.
b. fie CITY shall:
i. utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the CITY
during the term of this Agreement; and
ii. expressly require any subcontractors performing work or providing
services pursuant to the state contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the
. employment eligibility of all new employees hired by the subcontractor
during the Agreement term.
c. The CITY shall not commence the PROJECT until a Notice to Proceed has been
provided from the DEPARTMENT, which shall become the effective date of this
Agreement and shall not precede the date provided on page one (1) of the
Agreement.
d. The CITY shall be responsible for the maintenance of all areas that have turf and
landscape within the DEPARTMENT'S right-of-way as described in Exhibit "A",
'Maintenance Responsibilities'.
e. The CITY shall be responsible for performing the required maintenance with a
minimum frequency of twelve (12) times per year for: Landscape Maintenance
and eighteen (1 8) times per year for Small Machine Mowing.
f. All turf and landscape maintenance shall be in accordance with the latest edition
of the State of Florida "Guide for Roadside Mowing" and the latest edition of the
"Maintenance Rating Program", and Index 546 of the latest FDOT Design
Standards.
g. The CITY shall submit a work schedule to the DEPARTMENT. In addition,
before the CITY starts the work, the DEPARTMENT shall be notified, via fax, of
the state road(s) and the day(s) in which the CITY will be working. The fax shall
be sent to the attention of the South Miami-Dade Maintenance Engineer, at 305-
640-7200.
Turf and Landscape Maintenance ~oin't participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087-2-78-02
Page 2 of 11
h. The CITY shall not be responsible for the clean-up, removal and disposal of
debris fiom the DEPARTMENT'S right of way following a natural disaster (i.e.
hurricane, tornados, etc.). However, the cost of any cycle or part thereof impaired
by any such event may be deducted fiom the DEPARTMENT'S affected quarterly
payment to the CITY.
i. It is understood between the parties hereto that all the landscaping covered by this
Agreement may be removed, relocated or adjusted at any be in the future as
found necessary by the DEPARTMENT in order that the adjacent state road be
widened, altered or otherwise changed and maintained to meet with future criteria
or planning of the DEPARTMENT.
j. The CITY shall not plant additional landscaping within the limits of the
PROJECT, without prior witten approval by the DEPARTMENT, in accordance
with Florida Administrative Code Rule 14-40.003. Such approval shall be in the
form of a separate written agreement that will require the CITY to properly
construct and maintain the additional landscaping without compensation from the
DEPARTMENT.
k. This Agreement shall not obligate the DEPARTMENT to pay the CITY to
maintain any additional landscaping, planted after the effective date of this
Agreement, within the limits of the PROJECT, and shall not obligate the CITY to
maintain any such additional landscaping.
3. FINANCIAL PROVISIONS
a. Eligible PROJECT costs may not exceed FORTY THOUSAND DOLLARS
($40,000.00), as outlined in Exhibit "B", 'Project Limits & Financial Summary'.
b. The DEPARTMENT agrees to pay the CITY for the herein described services at a
compensation as detailed in this Agreement.
c. The CITY shall provide the following quantifiable, measurable and verifiable
units of deliverables. Each deliverable must specify the required rnhhum level
of senice to be performed and the criteria for evaluating successful completion.
Said deliverables consists of:
i. Small Machine Mowing
ii. Landscape Maintenance
d. Invoices shall be submitted by the CITY in detail sufficient for a proper pre-audit
and post audit thereof, based on the quantifiable, measurable and verifiable units
of deliverables as established in Section c above and Exhibit "B". Deliverables
must be received and accepted in writing by the DEPARTMENT'S Project
Manager prior to payments.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087-2-78-02
Page 3 of 11
e. Supporting documentation must establish that the deliverables were received and
accepted in writing by the CITY and that the required minimum level of service to
be performed based on the criteria for evaluating successful completion as
specified in Section c has been met.
f. Travel costs will not be reimbursed.
g. The CITY providing goods and services to the DEPARTMENT should be aware
of the following time frames. Upon receipt, the DEPARTMENT has five (5)
working days to inspect and approve the goods and services. The DEPARTMENT
has twenty (20) days to deliver a request for payment (voucher) to the Department
of Financial Services. The twenty (20) days are measured from the latter of the
date the invoice is received or the goods or services are received, inspected, and
approved.
h. If a payment is not available within forty (40) days, a separate interest penalty at a
rate as established pursuant to Section $5.03(1), F.S., will be due and payable, in
addition to the invoice amount, to the CITY. Interest penalties of less than one
(1) dollar will not be enforced unless the CITY requests payment. Invoices have
to be returned to the CITY because of CITY preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a
properly completed invoice is provided to the DEPARTMENT.
i. A Vendor Ombudsman has been established within the Department of Financial
Services. The Duties of this individual include acting as an advocate for the
CITY who may be experiencing problems in obtaining timely payment@) from a
state agency. The Vendor Ombudsman may be contacted at 850-413-55 16.
j. Records of costs incurred under the terms of this Agreement shall be maintained
and made available upon request to the DEPARTMENT at all times during the
period of this Agreement and for five (5) years after final payment is made.
Copies of these documents and records shall be furnished to the DEPARTMENT
upon request. Records of costs incurred include the CITY'S general accounting
records and the project records, together with supporting documents and records,
of the contractor and all subcontractors performing work on the project, and all
other records of the contractor and subcontractors considered necessary by the
DEPARTMENT for a proper audit of costs.
k. In the event this contract is for services in excess of $25,000.00 and a term for a
period of more than 1 year, the provisions of Section 339.135(6)(a), F.S., are
hereby incorporated:
"The DEPARTMENT, during any fiscal year, shall not expend money, incur
any liability, or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in
violation of this subsection is null and void, and no money may be paid on
such contract. The DEPARTMENT shall require a statement from the
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087-2-78-02
Page 4 of 11
Comptroller of the DEPARTMENT that such funds are available prior to
entering into any such contract or other binding commitment of funds.
Nothing herein contained shall prevent the making of contracts for periods
exceeding 1 year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for in succeeding
fiscal years; and this paragraph shall be incorporated verbatim in all contracts
of the DEPARTMENT which are for an amount in excess of TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) and which have a term for a period of
more than 1 year."
1. The DEPARTMENT'S obligation to pay is contingent upon an annual
appropriation by the Florida Legislature.
4. COMMUNICATIONS
a. All notices, requests, demands, consents, approvals and other communications
which are required to be served or given hereunder, shall be in writing and hand-
-, delivered or sent by either registered or certified U.S. mail , return receipt
requested, postage prepaid, addressed to the party to receive such notices as
follows:
To DEPARTMENT: Florida Department of Transportation
1000 NW 1 1 lfi Avenue, Room 6205
Miami, FL 33 172-5800
Attention: District Maintenance Engineer
To CITY: City of Miami Beach
21 00 Washington Avenue, Suite 100
Miami Beach, FL 3 3 13 9
Attention: City Manager
With Copy to: City of Miami Beach
21 00 Washington Avenue
Miami Beach, FL 33 139
Attn: Kevin Smith, Parks & Recreation Director
5. INVOICING
a. The CITY shall submit quarterly invoices for DEPARTMENT review, approval,
and payment in accordance with this Agreement. Quarterly payments will be
made upon invoice approval in an amount not to exceed one fourth of the eligible
PROJECT costs. Each invoice shall include proof that the areas under this
Agreement were maintained using specified frequencies, at minimum. The
supporting documents showing proof of work can be properly executed payroll, or
time records, or Contractor's invoices, or vouchers evidencing in proper detail the
nature and propriety of the charges.
b. In the event temporary work by the DEPARTMENT'S forces or by other
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087-2-78-02
Page 5 of 11
Contractors temporarily prevent the CITY from performing the work described in
this Agreement, the DEPARTMENT shall deduct from the affected quarterly
payrnent(s) the acreage affected area and only compensate the CITY for the actual
work it performs.
i. The DEPARTMENT shall initiate this procedure only if the temporary
work prevents the CITY from performing it work for a period of one (1)
month or longer.
c. In the event this Agreement is terminated as established in Section 8 herein, no
payment will be prorated for the quarter in which termination occurs.
6. MAINTENANCE DEFICIENCIES
If the District Maintenance Engineer determines that the CITY is not accomplishing its
responsibilities under this Agreement, said District Maintenance Engineer may issue
written notice, in care of the CITY on notice thereof. Thereafter, the CITY shall have
a period of thirty (30) calendar days within which to correct the cited deficiency or
deficiencies. If said deficiencies are not corrected within this time period the
DEPARTMENT may, at its option, proceed as follows:
a. Maintain the median or roadside area(s) declared deficient with DEPARTMENT
andlor a Contractor's material, equipment and personnel. The actual cost for such
work will be deducted from the DEPARTMENT'S affected quarterly payment to
the CITY; or
b. Terminate this Agreement.
This Agreement is for a term of one (1) year beginning on the date provide in the
Notice to Proceed; and may be renewed twice, only if mutually agreed to in writing by
the DEPARTMENT and the CITY. Any such renewal shall be subject to the same
terms and conditions set forth in this Agreement, and shall be contingent upon both
satisfactory CITY performance evaluations by the DEPARTMENT and the
availability of funds.
This Agreement may be extended if mutually agreed in writing by both parties, for a
period not to exceed six (6) months and. shall be subject to the same terms and
conditions set forth in this Agreement. There shall be only one (1) extension of this
Agreement.
8. TERMINATION
This Agreement, or part hereof, is subject to termination under any one of the
following conditions:
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087-2-78-02
Page 6 of 11
a. In the event the DEPARTMENT exercises the option identified by Section 6 of
this Agreement.
b. As mutually agreed by both parties.
c. In accordance with Section 287.058(1)(~), P.S., the DEPARTMENT shall reserve
the right to unilaterally cancel this Agreement if the CITY refuses to allow public
access to any or all documents, papers, letters, or other materials made or received
by thk CITY pertinent to this Agreement which are subject to provisions of
Chapter 119, of the F.S.
9. ENTIRE AGREEMENT
This Joint Participation Agreement is the entire Agreement between the parties hereto,
and it may be modified or amended only by mutual consent of the parties in writing.
10. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of Florida.
1 1. AMENDMENT
This Agreement may be amended by mutual agreement of the DEPARTMENT and
the CITY expressed in writing, executed and delivered by each party.
12. INVALIDITY
If any part of this Agreement shall be det&ed to be invalid or unenforceable, the
remainder of this Agreement shall not be affected thereby, if such remainder continues
to conform to the terms and requirements of applicable law.
Turf and Landscape Maintenance Joint Participati~ Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087-2-78-02
Page 7 of 1 1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day
and year above written.
CITY OF MIAMI BEACH: STATE OF FLORIDA, DEPARTMENT
OF TWSPORTATION:
BY: BY:
CITY MANAGER DIRECTOR,
TWSPORTATION OPERATIONS
ATTEST: ATTEST:
(SEAL) CITY CLERK (SEAL) EXECUTIVE SECRETARY
LEGAL REVIEW:
DISTNCT CHIEF COUNSEL
APPROVED AS TO
FORM & LANGUAGE
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financia1 Project # 253087-2-78-02
Page 8 of'l 1
Exhibit "A"
Maintenance Responsibilities
The CITY shall be responsible for the maintenance of all turf and landscape areas within the
DEPARTMENT'S right of way on S.R 1M-395lMac Arthur Causeway, as described below:
a. Mow, cut andor trim, and edge the grass or turf in accordance with the latest
edition of the State of Florida "Guide for Roadside Mowing" and the latest edition
of the "Maintenance Rating Program".
b. Properly prune all plants, which include, but not limited to, plant and tree
trimmings, in accordance with the latest edition of the "Maintenance Rating
Program" and Index 546 of the latest FDOT Design Standards.
c. Maintain existing decorative bricks, mulch and other aesthetic features currently
found with. these corridors. - -
d. Fertilizing, insecticide, pesticide, herbicide and watering will be required to
maintain the current landscape and turf in its current healthy condition.
e. Pruning such parts thereof which may present a visual or other safety hazard for
those using or intending to use the right-of-way.
f. Remove and properly dispose of litter fiom roadside and median strips.
g. Remove and properly dispose of dead, diseased or otherwise deteriorated plants in
their entirety.
h. All work by the CITY shall be executed on the roadway under a traffic control
plan in accordance with DEPARTMENT'S latest edition of the "FDOT Design
Standards".
FDOT Financial Project Number: 253087-2-78-02
County: Miami-Dade
FDOT Project Manager: B. Keith Jimmerson, P.E. 305-640-7200
CITY Project Manager: Mr. Jorge M. Gonzalez, City Manager
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087-2-78-02
Page9 of 11
Exhibit "B"
Project Limits & Financial Summary
Below are the PROJECT limits and acreage of the areas to be maintained by the CITY under this
Agreement.
TOTAL ANNUAL AMOUNT ELIGIBLE FOR REIMBURSEMENT: $40,000.00
a i:- . To . , I. I
West side of East
Channel Bridge
. ... ., . . . . fi: . . .? ._.... . . . . rG&&gip~on , ,. Totai~urrent ...
.,..... r'?:::,dsb$,.,!l I.. , . 3. ,,.. . , , J .,,3.." . ,. . ..).. ,,,.a. I,... ,, .,~:,.:..~.*~!i!l~;i(,!~,;/ ,, .: " Agreement' ' .. ... . ... .I,.:;,:!& . p,?j.;:::,,:.?,'> ..,,,.,,, ::
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087-2-78-02
Page 10 of 11
- , 8 ".+F<OT~ . -,,
J< f:l-
East side of Watson
Island
State Road
1-395
Mowing small machine
(El04 4 3)
Landscape Maintenance
( E580 3 2)
8.
Street ?lame : ': ,
-
Mac Arthur
Causeway
$ 40,000.00
2.732
2.601
18
12
49.176
31.212
$ 34.99
$ 1,226.43
$ 1,720.67
$ 38,279.33
Exhibit " C"
City of Miami Beach Resolution
To be herein incorporated once approved by the CITY Commission.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087-2-78-02
Page 11 of 11
RESOLUTION 2
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE ATTACHED
MEMORANDUM OF AGREEMENT (MOA) WlTH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE TURF AND
LANDSCAPE MAINTENANCE SERVICES ON 1-195 (JULIA TUTTLE
CAUSEWAY), FROM THE EAST OF THE INTRACOASTAL BRIDGE, TO
ALTON ROAD, AT AN ANNUAL COST OF $260,000, TO BE PAID TO THE
CITY BY FDOT; SAID AGREEMENT COMMENCING ON NOVEMBER 10,
201 1, AND CONCLUDING ON NOVEMBER 9,2012, WlTH AN OPTION TO
RENEW FOR TWO (2) ADDITIONAL YEARS.
WHEREAS, on July 13,1994, the Mayor and City Commission adopted Resolution
No. 94-21210, approving a Memorandum of Agreement with the Florida Department of
Transportation (FDOT) to provide for the maintenance of landscaping along the Julia Tuttle
Causeway; specifically, from the east end of the westernmost bridge, to Alton Road; and
WHEREAS, this Agreement has since been renewed annually; and
WHEREAS, the current Agreement expires on November 9, 201 1 ; and
WHEREAS, FDOT wishes to enter into a new Memorandum of Agreement (MOA),
for a one year period, commencing on November 10,201 1 and concluding on November 9,
2012; and
WHEREAS, the new MOA may be renewed for two (2) additional years, if mutually
agreed upon in writing by FDOT and the City; and
WHEREAS, under the terms of the MOA, the City will receive the sum of $260,000
a year, payable in the amount of $65,000 quarterly; and
WHEREAS, the Julia Tuttle Causeway Is maintained by a City managed contractor;
the annual compensation from FDOT pays for the total cost of the agreement with the
private contractor and plant material replacement, as well as the time required for
supervision of the area; and
WHEREAS, the Parks and Recreation Department employs a contract manager
who is responsible to monitor the work of the contractor on a regular basis to ensure
specifications are complied with, and the landscape materials are properly maintained.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute the
attached Memorandum of Agreement (MOA) with the Florida Department of Transportation
(FDOT), for the turf and landscape maintenance services on 1-1 95 (Julia Tuttle Causeway),
from the east end of the westernmost bridge, to Alton Road, at an annual cost of $260,000,
to be paid to the City by FDOT; said Agreement commencing on November 10, 201 1, and
concluding on November 9, 2012, with an option to renew for two (2)years.
PASSED and ADOPTED this 19th day of October, 201 1.
MAYOR
ATTEST:
CIN CLERK
APPROVED AS TO
FORM & LANGUAGE
CONTRACT # AQF 00
TURF AND LANDSCAPE MAINTENANCE
JOINT PARTICIPATION AGREEMENT
BETWEEN THE
FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF MIAMI BEACH
day of This Agreement, is made and entered into this 20, by and
between the State of Florida Department of Transportation, a component agency of the State of
Florida, hereinafter referred to as the 'DEPARTMENT', and the City of Miami Beach, a
municipal corporation of the State of.Florida, hereinafter referred to as the 'CITY'. .
RECITALS:
WHEREAS, the DEPARTMENT has jurisdiction and maintains the State Road (S.R.)
1 1211-1 95lJulia Tuttle Causeway corridor in the CITY; and -
WHEREAS, the DEPARTMENT, as part of the continual updating of the State of
Florida Highway System and for the purpose of safety, has created roadside areas and median
strips on the State Highway System within the corporate limits of the CITY; and
WHEREAS, the DEPARTMENT, at the CITY'S request, has agreed to reimburse the
CITY for the maintenance of turf and landscape, hereinafter referred to as the 'PROJECT', and
WHEREAS, the CITY recognizes that said median strips and roadside areas contain turf
and landscape, which shall be maintained in accordance with Exhibit "A", 'Maintenance
Responsibilities', which is herein incorporated by reference; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
Financial Project Number 253086-2-78-01, and has agreed to reimburse the CITY for turf and
landscape maintenance elements which are outlined in the attached Exhibit "B", 'Project Limits -
& Financial Summary', which is herein incorporated by reference; and
WHlZREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section
339.08(e) and 339.12, Florida Statutes (F.S.);
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are acknowledged,
the parties agree as follows:
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Deparbnent of Transportation and the City of Miami Beach
Financial Project # 253086-2-78-01 - . "..
1. INCORPORATION OF RECITALS
The foregoing recitals are true and correct and are incorporated into the body of this
Agreement, as if fully set forth herein.
2. GENERAL REQUIREMENTS
a. The CITY shall submit this Agreement to its CITY Commission for ratification or
approval by resolution. A copy of said resolution is attached hereto as Exhibit
"C", 'City of Miami Beach Resolution', and is herein incorporated by reference.
b. The CITY shall:
i. utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the CITY
during the term of this Agreement; and
ii. expressly require any subcontractors performing work or providing
services pursuant to the state contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor
during the Agreement term.
c. The CITY shall not commence the PROJECT until a Notice to Proceed has been
provided fiom the DEPARTMENT, which shall become the effective date of this
Agreement and shall not precede the date provided on page one (1) of the
Agreement.
d. The CITY shall be responsible for the maintenance of all areas that have turf and
landscape within the DEPARTMENT'S right-of-way as described in Exhibit "A",
'Maintenance Responsibilities'.
e. The CITY shall be responsible for performing the required maintenance with a
minimum frequency of twelve (12) times per year for: Litter Removal and
Landscape Maintenance atid eighteen (18) times per ye& for Smdl Machine
Mowing, Large Machine Mowing, and Edging and Sweeping.
f. All turf and landscape maintenance shall be in accordance with the latest edition
of the State of Florida "Guide for Roadside Mowing" and the latest edition of the
"Maintenance Rating Program", and Index 546 of the latest FDOT Design
Standards.
g. The CITY shall submit a work schedule to the DEPARMNT. In addition,
before the CITY starts the work, the DEPARTMENT shall be notified, via fax, of
the state road(s) and the day(s) in which the CITY will be working. The fax shall
be sent to the attention of the South Miami-Dade Maintenance Engineer, at 305-
640-7200.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253086-2-78-01 - - ---
h. The CITY shall not be responsible for the clean-up, removal and disposal of
debris fiom the DEPARTMENT'S right of way following a natural disaster (i.e.
hurricane, tornados, etc.). However, the cost of any cycle or part thereof impaired
by any such event may be deducted fiom the DEPARTMENT'S affected quarterly
payment to the CITY.
i. It is understood between the parties hereto that all the landscaping covered by this
Agreement may be removed, relocated or adjusted at any time in the future as
found necessary by the DEPARTMENT in order that the adjacent state road be
widened, altered or otherwise changed and maintained to meet with future criteria
or planning of the DEPARTMENT.
j. The CITY shall not plant additional landscaping within the limits of the
PROJECT, without prior written approval by the DEPARTMENT, in accordance
with Florida Administrative Code Rule 14-40.003. Such approval shall be in the
form of a separate written agreement that will require the CITY to properly
construct and maintain the additional landscaping without compensation fiom the
DEPARTMENT.
k. This Agreement shall not obligate the DEPARTMENT to pay the CITY to
maintain any additional landscaping, planted after the effective date of this
Agreement, within the limits of the PROJECT, and shall not obligate the CITY to
maintain any such additional landscaping.
3. FINANCIAL PROVISIONS
a. Eligible PROJECT costs may not exceed TWO HUNDRED SIXTY
THOUSAND DOLLARS ($260,000.00), as outlined in Exhibit "B", 'Project
Limits & Financial Summary'.
b. The DEPARTMENT agrees to pay the CITY for the herein described se~ces at a
compensation as detailed in this Agreement.
c. The CITY shall provide the following quantifiable, measurable and verifiable
units of deliverables. Each deliverable must specify the required minimum level
of se~ce to be performed and the criteria for evaluating successll completion.
Said deliverables consists of:
i. Small Machine Mowing
ii. Large Machine Mowing
iii. Litter Removal
iv. Edging & Sweeping
v. Landscape Maintenance
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253086-2-78-01 - - ".*
d. Invoices shall be submitted by the CITY in detail sufficient for a proper pre-audit
and post audit thereof, based on the quantifiable, measurable and verifiable units
of deliverables as established in Section c above and Exhibit "B. Deliverables
must be received and accepted in writing by the DEPARTMENT'S Project
Manager prior to payments.
e. Supporting documentation must establish that the deliverables were received and
accepted in writing by the CITY and that the required minimum level of service to
be performed based on the criteria for evaluating successful completion as
specified in Section c has been met.
f. Travel costs will not be reimbursed.
g. The CITY providing goods and services to the DEPARTMENT should be aware
of the following time frames. Upon receipt, the DEPARTMENT has five (5)
working days to inspect and approve the goods and services. The
DEPARTMENT has twenty (20) days to deliver a request for payment (voucher)
to the Department of Financial Services. The twenty (20) days are measured fiom
the latter of the date the invoice is received or the goods or services are received,
inspected, and approved.
h. If a payment is not available within forty (40) days, a separate interest penalty at a
rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in
addition to the invoice amount, to the CITY. Interest penalties of less than one
(1) dollar will not be enforced unless the CITY requests payment. Invoices have
to be returned to the CITY because of CITY preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a
properly completed invoice is provided to the DEPARTMENT.
i. A Vendor Ombudsman has been established within the Department of Financial
Services. The Duties of this individual include acting as an advocate for the
CITY who may be experiencing problems in obtaining timely payment(s) fiom a
state agency. The Vendor Ombudsman may be contacted at 850-41 3 -55 16.
j. Records of costs incurred under the terms of this Agreement shall be maintained
and made available upon request to the DEPARTMENT at all times during the
period of this Agreement and for five (5) years after final payment is made.
Copies of these documents and records shall be furnished to the DEPARTMENT
upon request. Records of costs incurred include the CITY'S general accounting
records and the project records, together with supporting documents and records,
of the contractor and all subcontractors performing work on the project, and all
other records of the contractor and subcontractors considered necessary by the
DEPARTMENT for a proper audit of costs.
k. In the event this contract is for services in excess of $25,000.00 and a term for a
period of more than 1 year, the provisions of Section 339.135(6)(a), F.S., are
hereby incorporated:
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253086-2-78-01 - . --A
"The DEPARTMENT, during any fiscal year, shall not expend money, incur
any liability, or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in
violation of this subsection is null and void, and no money may be paid on
such contract. The DEPARTMENT shall require a statement fiom the
Comptroller of the DEPARTMENT that such funds are available prior to
entering into any such contract or other binding commitment of funds.
Nothing herein contained shall prevent the making of contracts for periods
exceeding 1 year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for in succeeding
fiscal years; and this paragraph shall be incorporated verbatim in all contracts
of the DEPARTMENT which are for an amount in excess of TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) and which have a term for a period of
more than 1 year."
. 1. The DEPARTMENT'S obligation to pay is contingent upon an annual
appropriation by the Florida Legislature.
4. COMMUNICATIONS
a. All notices, requests, demands, consents, approvals and other communications
which are required to be served or given hereunder, shall be in writing and hand-
delivered or sent by either registered or certified U.S. mail , retum receipt
requested, postage prepaid, addressed to the party to receive such notices as
follows:
To DEPARTMENT: Florida Department of Transportation
1000 NW 11 lth Avenue, Room 6205
Miami, FL 33 172-5800
Attention: District Maintenance Engineer
To CITY: City of Miami Beach
2 100 Washington Avenue, Suite 100
Miami Beach, FL 33139
Attention: City Manager
With Copy to: City of Miami Beach
2 100 Washington Avenue
Miami Beach, FL 33139
Attn: Kevin Smith, Parks & Recreation Director
5. INVOICING
a. The CITY shall submit quarterly invoices for DEPARTMENT review, approval,
and payment in accordance with this Agreement. Quarterly payments will be
made upon invoice approval in an amount not to exceed one fourth of the eligible
PROJECT costs. Each invoice shall include proof that the areas under this
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253086-2-78-01 - - ---
Agreement were maintained using specified frequencies, at minjmum. The
supporting documents showing proof of work can be properly executed payroll, or
time records, or Contractor's invoices, or vouchers evidencing in proper detail the
nature and propriety of the charges.
b. In the event temporary work by the DEPARTMENT'S forces or by other
Contractors temporarily prevent the CITY from performing the work described in
this Agreement, the DEPARTMENT shall deduct fiom the affected quarterly
payment(s) the acreage affected area and only compensate the CITY for the actual
work it performs.
i. The DEPARTMENT shall initiate this procedure only if the temporary
work prevents the CITY fiom performing it work for a period of one (1)
month or longer.
c. In the event this Agreement is terminated as established in Section 8 herein, no
payment will be prorated for the quarter in which termhation occurs.
6. MAINTENANCE DEFICIENCIES
If the District Maintenance Engineer determines that the CITY is not accomplishing its
responsibilities under this Agreement, said District Maintenance Engineer may issue
written notice, in care of the CITY on notice thereof. Thereafter, the CITY shall have
a period of thirty (30) calendar days within which to correct the cited deficiency or
deficiencies. If said deficiencies are not corrected within this time period the
DEPARTMENT may, at its option, proceed as follows:
a. Maintain the median or roadside area(s) declared deficient with DEPARTMENT
and/or a Contractor's material, equipment and personnel. The actual cost for such
work will be deducted from the DEPARTMENT'S affected quarterly payment to
the CITY; or
b. Terminate this Agreement.
This Agreement is for a term of one (1) year beginning on the date provide in the
Notice to Proceed; and may be renewed twice, only if mutually agreed to in writing by
the DEPARTMENT and the CITY. Any such renewal shall be- subject to the same
terms and conditions set forth in this Agreement, and shall be contingent upon both
satisfactory CITY performance evaluations by the DEPARTMENT and the
availability of funds.
This Agreement may be extended if mutually agreed in writing by both parties, for a
period not to exceed six (6) months and shall be subject to the same terms and
conditions set forth in this Agreement. There shall be only one (1) extension of this
Agreement.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253086-2-78-01 .. r *..
8. TERMINATION
This Agreement, or part hereof, is subject to termination under any one of the
following conditions:
a. In the event the DEPARTMENT exercises the option identified by Section 6 of
this Agreement.
b. As mutually agreed by both parties.
c. In accordance with Section 287.058(1)(c), F.S., the DEPARTMENT shall reserve
the right to unilaterally cancel this Agreement if the CITY refuses to allow public
access to any or all documents, papers, letters, or other materials made or received
by the CITY pertinent to this Agreement which are subject to provisions of
Chapter 1 19, of the F.S.
9. ENTIRE AGREEMENT
-.
This Joint Participation Agreement is the entire Agreement between the parties hereto,
and it may be modified or amended only by mufxal consent of the parties in writing.
10. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of Florida.
1 1. AMENDMENT
This Agreement may be amended by mutual agreement of the DEPARTMENT and
the CITY expressed in writing, executed and delivered by each party.
12. INVALIDITY
If any part of this Agreement shall be determined to be invalid or unenforceable, the
remainder of this Agreement shall not be affected thereby, if such remainder continues
to conform to the terms and requirements of applicable law.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253086-2-78-01 - - ---
IN WITNESS WBEREOF, the parties hereto have executed this Agreement, on the day
and year above written.
CITY OF MIAMI BEACH: STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION:
BY: BY:
CITY MANAGER DIRECTOR,
TRANSPORTATION OPERATIONS
ATTEST: ATTEST:
(SEAL) CITY CLERK (SEAL) EXECUTllVE SECRETARY
LEGAL REVIEW:
DISTRICT CHIEF COUNSEL
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253086-2-78-01 - - m..
Exhibit "A"
Maintenance Responsibilities
The CITY shall be responsible for the maintenance of all turf and landscape areas within the
DEPARTMENT'S right of way on S.R. 112D-195lJulia Tuttle Causeway, as described below:
a. Mow, cut and/or trim, and edge the grass or turf in accordance with the latest
edition of the State of Florida "Guide for Roadside Mowing" and the latest edition
of the "Maintenance Rating Program".
b. Properly prune all plants, which include, but not limited to, plant and tree
trimmings, in accordance with the latest edition of the "Maintenance Rating
Program" and Index 546 of the latest FDOT Design Standards.
c. , Maintain existing decorative bricks, mulch and other aesthetic features currently
found within these corridors.
d. Fertilizing, insecticide, pesticide, herbicide and watering will be required to
maintain the current landscape and turf in its current healthy condition.
e. Pruning such parts thereof which may present a visual or other safety hazard for
those using or intending to use the fight-of-way.
f. Remove and properly dispose of litter from roadside and median strips.
g. Remove and properly dispose of dead, diseased or otherwise deteriorated plants in
their entirety.
h. All work by the CITY shall be executed on the roadway under a traffic control
plan in accordance with DEPARTMENT'S latest edition of the "FDOT Design
Standards" .
FDOT Financial Project Number: 253086-2-78-01
County: Miami-Dade
FDOT Project Manager: B. Keith Jimmerson, P.E. 305-640-7200
CITY Project Manager: Mr. Jorge M. Gonzalez, City Manager
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253086-2-78-01 - - ---
Exhibit "B"
Project Limits & Financial Summary
Below are the PROJECT limits and acreage of the areas to be maintained by the CITY under this
Agreement.
TOTAL ANNUAL AMOUNT ELIGIBLE FOR REIMBURSEMENT: $260,000.00
. .... state ~oadi: :. ... -, . .
No. .'":;,,, ....
SR-112/1-195 ' '
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253086-2-78-01
Page 10 of 11
.. .. .... . .*.. ...... .!.., " ;> ;,;,. ....... I_ ,.::.. ; ;: ,. . .......I....' ..:.. .. .; ::. , .. .,:
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$7.05 $ 2,885.58
$34.99 $ 8,024.54
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$1,012.00 $ 242,637.12
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Alton Road
$ 260,000.00
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' Large Machine
Mowing
(El 04-4-1)
Small Machine
Mowing
(El 04 4 3)
Litter Removal
(El 10 30)
Edging & Sweeping
(E 110 32 1)
Landscape
Maintenance
( E580 3 2)
. : ,t : .
' :; .# : : , :$.pi: .,$,':.!-,-:...
.-,: p*!; ?.,$ $$!,!?.$
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. .......... (1 :; fxt;:!;!Pj
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22.739
12.741
41.251
8.348
19.98
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409.302
229.338
495.012
150.284
239.760
Exhibit " C"
City of Miami Beach Resolution
To be herein incorporated once approved by the CITY Commission.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253086-2-78-01
Page 11 of 11
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, setting a first reading
public hearing to consider amending the Land Development Regulations to permit an existing legal
nonconforming commercial building to be used as a child care center or school as a conditional use in a
single family district.
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," nearlyone-third, 29.6%, indicated
"too little" effort is being put forth by the City in this area.
Issue:
Should the City Commission amend the Land Development Regulations to allow an existing
nonconforming commercial building to be used as a childcare center or school in single-family districts?
Item Summary1Recommendation:
I Setting of First Reading Public Hearing
The and ~evelo~men~~e~ulations regulates nonconforming buildings and uses, and permits the
continued use of a building although such use does not conform to the permitted uses of the zoning district
within which it is located. As long as the building remains in use, and does not become idle for a
continuous period of six months, or for 18 months during any three-year period, it remains legal non-
conforming, or "grandfathered-in". However, limitations on legal nonconforming uses do not permit the
change to a use that is not permitted in the zoning district in which the use is located.
There are a very small number of legal nonconforming commercial buildin s located in districts which do P not permit them as of right. One example is a building located on 51 Street within a single-family
neighborhood. This commercial building has existed for decades at this site. The nonconforming
regulations referenced above permit the building to continue in commercial use as retail or offices, as
these are the past and current uses located within the building. However, the use of this building for any
other use except single-family residential is not permitted.
- I OBPl I Total I I I I
The Administration agrees with the recommendation of the Planning Board and recommends against
adopting the proposed ordinance. However, the City Commission, at its discretion, may set a first reading
public hearing for the December 14, 201 1 to consider the ordinance.
Advisory Board Recommendation:
At its July 26,201 1 meeting, the Planning Board, by a vote of 4-0 (three members absent), recommended
against the adoption of the proposed ordinance to the City Commission. The Board members expressed
serious concerns relative to the intrusion of commercial uses in single family districts.
Financial Information:
I I I
Financial Impact Summary:
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 not be a measurable impact on the City's budget by not
enacting the proposed ordinance.
City Clerk's Office Legislative Tracking:
Richard Lorber 1 Mercy Lamazares
Account Amount Source of
Funds:
I
1
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, w.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the Cit Commission 2
FROM: Jorge M. Gonzalez, City Manage
DATE: October 19, 201 1
Setting of Public Hearing
SUBJECT: Use of legal nonconforming commercial building in single-family
districts.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY
OF MIAMI BEACH, FLORIDA, SETTING A FIRST READING PUBLIC
HEARING TO CONSIDER AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 118,
"ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE IX,
"NONCONFORMANCES," SECTION 118-393 "NONCONFORMING USE OF
BUILDINGS;" AND CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, " DISTRICT REGULATIONS," DIVISION 2,
"RS-I, RS-2, RS-3, RS-4 SINGLE FAMILY RESIDENTIAL DISTRICTS," TO
PERMIT AN EXISTING LEGAL NONCONFORMING COMMERCIAL
BUILDING TO BE USED AS A CHILD CARE CENTER OR SCHOOL AS A
CONDITIONAL USE.
ADMINISTRATION RECOMMENDATION
The Administration agrees with the recommendation of the Planning Board and
recommends against adopting the proposed ordinance. However, the City Commission,
at its discretion, may set a first reading public hearing for the December 14, 2011 to
consider the ordinance.
A discussion regarding schools and daycare centers within existing nonconforming
commercial buildings in single family zoning districts, as a conditional use, was referred to
the Land Use and Development Committee (LUDC) by the City Commission on February 9,
201 1, at the request of Commissioner Libbin.
The LUDC discussed this issue at its March 16, 201 1 and referred an ordinance to the
Planning board for its review and recommendation.
City Commission Memorandum
Use of legal nonconforming commercial building in single-family districts
October 19, 201 I Paae 2
ANALYSIS
Chapter 118, Article IX of the Land Development Regulations regulates nonconforming
buildings and uses, and permits the continued use of a building although such use does
not conform to the permitted uses of the zoning district within which it is located. As long
as the building remains in use, and does not become idle for a continuous period of six
months, or for I8 months during any three-year period, it remains legal non-conforming,
or "grandfathered-in". However, there are limitations on legal nonconforming uses; a
nonconforming use is not permitted to change to any use other than the grandfathered
use, or one permitted in the zoning district in which the use is located.
There are a very small number of legal nonconforming commercial buildings which are
located in districts that do not permit them as of right. One example is a building located
on 51'' Street within a single-family neighborhood. This property is also zoned single-
family residential, despite the fact that the commercial building has existed for decades
at this site. The nonconforming regulations referenced above permit the building to
continue in commercial use as retail or offices, as these are the past and current uses
located within the building. However, the use of this building for any other use except
single-family residential is not permitted.
An inquiry from a local church group looking for space for a satellite location for an
existing school/daycare facility brought this property to staffs attention, and the rental
agent for the building expressed the desire to be able to bring this type of tenant into the
building. In order to achieve this, however, an amendment to the Land Development
Regulations would be required, as schoolldaycare facilities are not a permitted use in
single-family zoning districts, and this would constitute a different nonconforming use
than the currently permitted retail and office.
This type of code amendment should not seek to permit such school or daycare facilities
as of right within single-family neighborhoods; that would be a broad reaching change to
existing land use policies. Rather, the amendment, if desired, should seek to permit
these uses to occupy legal nonconforming commercial buildings existing in single family
areas at the time of the ordinance. This would limit the potential impact of such a
change while permitting the adaptive reuse of existing buildings. Any ordinance of this
type should require these uses to be approved as Conditional Uses by the Planning
Board. Schools and children day care centers are listed as conditional uses in those
districts that permit such uses.
Although the Conditional Use process requires a public hearing in front of the Planning
Board, there are concerns related to the quality of life in the neighborhood. Such public
hearings are noticed by mail to the neighborhood (property owners within 375 ft. radius
of the subject site), allowing the people most affected and the general public to express
concerns or approval. Notwithstanding the process, there is a concern that schools or
daycare centers in single-family district would be somewhat detrimental because of the
adverse impacts of the traffic that is created, possibly lack of parking for staff and
parents, and potential noise disrupting the quiet enjoyment of home life. Traffic and
circulations concerns are usually mitigated through operational restrictions or conditions,
however, in the context of a single family district, it may be difficult to mitigate these
concerns.
City Commission Memorandum
Use of legal nonconforming commercial building in single-family districts
October 19,201 1 Page 3
PLANNING BOARD ACTION
At its July 26, 2011 meeting, the Planning Board, by a vote of 4-0 (3 members absent)
recommended against the adoption of the proposed ordinance to the City Commission.
The Board members present expressed serious concerns relative to the intrusion of
commercial uses in a single family district, as well as potential detrimental impacts to the
quality of life and quiet enjoyment of home life.
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, and determined that there
may not be a measurable impact on the City's budget by not enacting the proposed
ordinance.
CONCLUSION
The Administration agrees with the recommendation of the Planning Board and
recommends against adopting the proposed ordinance. However, the City Commission,
at its discretion, may set a first reading public hearing for the December 14, 2011 to
consider the ordinance.
Pursuant to Chapter 118-164, when a request to amend the land development
regulations changes the actual list of permitted, conditional or prohibited uses in a
zoning, the City Commission shall hold two advertised public hearings on the proposed
ordinance. At least one hearing shall be held after 500 p.m. on a weekday, unless the
City Commission, by a majority plus one vote, elects to conduct that hearing at another
time of day. The first public hearing shall be held at least seven days after the day that
the first advertisement is published. The second public hearing shall be held at least ten
days after the first hearing and shall be advertised at least five days prior to the public
hearing. The advertisement shall be placed in a newspaper of general paid circulation in
the city and of general interest and readership in the city, not one of limited subject
matter, pursuant to Florida Statutes. The advertisement shall be in substantially the
following form:
NOTICE OF (TYPE OF) CHANGE
The Citv of Miami Beach proposes to adopt the following ordinance: [title of ordinance)
A public hearing on the ordinance will be held on (date and time) at (meetina place).
An affirmative vote of five-sevenths of all members of the city commission shall be
necessary in order to enact any amendment to these land development regulations.
T:\AGENDA\2011\10-19-11\2010 - nonconforming commercial bldgs in s-f districts memo.docx
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI
BEACH, FLORIDA, SETTING A FIRST READING PUBLIC HEARING TO CONSIDER
AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE ClTY CODE BY
AMENDING CHAPTER 118, "ADMINISTRATIVE AND REVIEW PROCEDURES,"
ARTICLE IX, "NONCONFORMANCES," SECTION 11 8-393 "NONCONFORMING USE
OF BUILDINGS;" AND CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, " DISTRICT REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3, RS-4
SINGLE FAMILY RESIDENTIAL DISTRICTS," TO PERMIT AN EXISTING LEGAL
NONCONFORMING COMMERCIAL BUILDING TO BE USED AS A CHILD CARE
CENTER OR SCHOOL AS A CONDITIONAL USE.
WHEREAS, Chapter 118, Article IX of the Land Development Regulations regulates
nonconforming buildings and uses, and permits the continued use of a building although such use does
not conform to the permitted uses of the zoning district within which it is located; and
WHEREAS, a nonconforming use is not permitted to change to any use other than the
grandfathered use, or one permitted in the zoning district in which the use is located; and
WHEREAS, there are a very small number of legal nonconforming commercial buildings which
are located in single-family districts which do not permit them as of right; and
WHEREAS, it is in the best interest of the City and property owners to permit certain uses that
are compatible with the character of the surrounding neighborhoods, such as schools or child care
facilities, in these existing legal nonconforming commercial buildings; and
WHEREAS, in order to achieve this, an amendment to the Land Development Regulations
would be required, as schoolldaycare facilities are not a permitted use in single-family zoning districts;
and
WHEREAS, the City Commission must set a first reading public hearing to consider the
proposed amendments which are necessary to accomplish all of the above objectives.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MIAMI BEACH, FLORIDA that a first reading public hearing is set for December 14,
201 1.
PASSED and ADOPTED this day of , 2011.
MAYOR
ATTEST:
ClTY CLERK APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
F:\PLAN\$PLB\2011\7-26-2011 PO1 0 - nonconforming comm bldgs\reso setting public hearing 12-14-201 1 rev 10-1 0-1 1 .docx
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
I A Resolution A Resolution Of The Mayor And Citv Commission Of The Citv Of Miami Beach, Florida, Accepting The I
Recommendation Of The City Manager Pertaining TO The Ranking Of ~ro~osals Pursuant To Request For proposals (RFP)
No. 19-1 011 1, For The Expansion Of The City's E-Procurement System Of Solicitation Announcements And Document
Fulfillment Services; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Proposer, The Public
Group, LLC; And Should The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposer,
Authorizing Negotiations With The Second-Ranked Proposer, RFP Depot LLC D/B/A Bidsync; And Further Authorizing The
Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration.
<ey Intended Outcome Supported:
Make City more business friendly. 1
Supporting Data (Surveys, Environmental Scan, etc.): NIA 1
Issue:
) Shall the Mayor and the City Commission Adopt The Resolution? I
Item SummarylRecommendation:
On March 9,201 1, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 19-1011 I, for
the expansion the City's E-Procurement System of Solicitation Announcements and Document Fulfillment Services.
RFP No. 19-1011 1 was issued on March 15, 201 1, with an original opening date of April 18, 201 1. Five (5) addenda were
issued which changed the opening date to May 4,201 1. A pre-proposal conference to provide information to the proposers
submitting a response was held on March 31,201 1.
I BidNet issued bid notices to 158 prospective proposers, BidSync issued bid notices to 2,971 prospective proposers of which 64
viewed the notice, and 45 proposers were notified via e-mail, which resulted in the receipt of eleven (1 1) proposals. I
On May 26,201 1, the City Manager via Letter to Commission (LTC) No. 131-201 1, appointed an Evaluation Committee ("the
Committee") which convened on June 23,201 1 to shortlist the proposer. The Committee recommended inviting the three (3)
top ranked proposes to provide Scripted Demos: The Public Group, RFP Depot d/b/a BidSync, and IOS Partners, Inc.
In addition to the Committee members, 17 staff members representing Procurement, Parks and Recreation, Building, Public
Works, Property Management, Police, Fire, Fleet, Sanitation, and CIP Departments were called to be part of the Evaluation
Support Team, to assist the Committee during the evaluation process by providing feedback on the functionality of the
proposed systems.
On September 15,201 I, all Evaluation Support Team members were invited to attend the Scripted Demos scheduled with the
three (3) short listed proposers. Each proposerwas scheduled for a one (1) hour Scripted Demo session, and for a 30 minute
Questions and Answer session.
On September 16, 2011, the Committee convened to receive feedback from the Support Team Chairpersons on the
functionality of the system proposed by each short listed proposer. The Committee also received presentations from the three
(3) short listed proposers. The Committee further discussed the proposer's qualifications, experience, cost to the vendors and
the City, and scored the short listed proposers accordingly. The Committee unanimously recommended entering into
negotiations with the top-ranked firm, the Public Group.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION
Advisory Board Recommendation:
I
City Clerk's Office Legislative Tracking:
( Gus Lopez, extension 6641 1
Sian-Oib:
I I
Financial Information:
AGENDA ITEM C 7/v
DATE --Eq7
Source of Funds:
OBPl
~inahcial Impact Summary:
I
2
Total
Amount Account Approved
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: October 19, 201 1
SUBJECT: A RESOLUTION A RESOLUTION OF THE MAYOR AND ClN
COMMISSION OF THE ClN OF MIAMI BEACH, FLORIDA, ACCEPTING
THE RECOMMENDATION OF THE ClN MANAGER PERTAINING TO THE
RANKING OF PROPOSALS PURSUANT TO REQUEST FOR PROPOSALS
(RFP) NO. 19-1011 1, FOR THE EXPANSION OF THE CITY'S E-
PROCUREMENT SYSTEM OF SOLICITATION ANNOUNCEMENTS AND
DOCUMENT FULFILLMENT SERVICES; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WlTH THE TOP-
RANKED PROPOSER, THE PUBLIC GROUP, LLC; AND SHOULD THE
ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN
AGREEMENT WlTH THE TOP-RANKED PROPOSER, AUTHORIZING
NEGOTIATIONS WlTH THE SECOND-RANKED PROPOSER, RFP DEPOT
LLC DlBlA BIDSYNC; AND FURTHER AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF
SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Make City more business friendly.
BACKGROUND
The City has been utilizing various vendors for solicitation announcements and document
fulfillment services since January 2000. The Mayor and City Commission (the City
Commission) at its December 19, 1999 meeting, approved a contract award to lnformation on
Demand, pursuant to St. Johns County Contract No. 99/93, to manage the City's vendor
database and to issue solicitation announcements for the City's Procurement Division.
Subsequent to the City's contract award, lnformation on Demand changed its name to
DemandStar.com, subsequently; DemandStar.com was purchased by Onvia, and changed
their name to DemandStar by Onvia (hereinafter referred to as DemandStar).
Commission Memorandum - RFP#I 9-1 0-1 I E-Procurement
October 19, 201 1
Page 2
It was anticipated that by contracting with DemandStar, the City would receive a greater
number of responses to solicitations, as vendors from across the state of Florida would be
merged with the City's current vendors to provide for a more competitive environment. The
results showed that there was no significant increase in the number of responses received on
solicitations prior to DemandStar, when compared to the number of responses received since
the implementation of DemandStar.
Since the utilization of Demandstar's services failed to increase the number of responses to
the City's solicitations, on May 29, 2002, the City Commission authorized the issuance of an
RFP for an E-Procurement System of Solicitation Announcements and Document Fulfillment
Services.
The City Commission at its January 8, 2003 meeting, accepted the City Manager's
recommendation pertaining to the ranking of proposals, and authorized negotiations with
BidNet.
BidNet's contract for providing solicitation announcements will expire at the end of September
2011, with no options for renewal. Additionally, the City has been utilizing the solicitation
announcements of BidSync at no cost to the City or its vendors. BidSync has recently
requested that the City allow them to charge the City's vendors a subscription cost of $125
annually. The Administration has not approved Bidsync's request, and has advised them
that we would be issuing an RFP for an E-Procurement System that would include solicitation
announcements. We will also continue to post on the City's website at no cost.
ANALYSIS
Based on the advancements in the internet, technology has made a significant impact on a
public sector entity's ability to acquire products and services more effectively and efficiently.
More and more public sector entities are moving toward E-Procurement, which is the process
of using electronic technologies for purchasing goods and services.
Expansion of the City's current E-Procurement system offers an opportunity for the City to
transition more functions from a traditional paper-based process to a real-time electronic
platform to improve customer service and reduce costs.
Anticipated benefits may include:
1. Cost savings through reduced data entry in procurement systems;
2. Savings in cycle time within the procurement process;
3. The ability to negotiate best value with suppliers;
4. Increased opportunities for streamlining and re-engineering business processes;
5. The potential for improving and monitoring supplier relationships; and
6. Fewer misunderstandings between procurement staff and departments.
E-Procurement provides information and streamlines processes, allowing procurement
professionals to focus on more strategic issues. E-Procurement covers a variety of options,
which have been outlined in the following scope of services:
Commission Memorandum - RFP#19-10-11 E-Procurement
October 1 9,20 1 1
Page 3
SCOPE OF SERVICES
The E-Procurement system proposed should offer a high degree of availability (24 hourslday,
7 dayslweek), and performance to support the level of service needed by City departments,
no cost to the Citv.
The E-Procurement system scope of services may include, but not be limited to the following
functions. The City reserves the right to have more than one provider of E-Procurement
services. Therefore, not all E-Procurement system providers must provide all the functions
set forth below.
The E-Procurement system is expected to have the following features:
1. Publish solicitations on-line. Solicitations include lnvitation for Bids (Bids), Request
for Proposals (RFPs), Request for Qualifications (RFQs), Request for Letters of
Interest (RFLls), and Invitation for Quotes (IFQs).
In each solicitation, a scope of service will be made available for immediate viewing. -.
The detailed scope of service will prevent vendors from obtaining a bid package for
which they cannot supply the required services or commodities.
Benefits: Provides important information on business opportunities at no cost to the
public and businesses, and available 24 hourslday, 7 dayslweek.
2. Publish contract awards on-line. Applies to bid openings as well as bid tabulated
results. Awards published online should include protest information, such as where
and how the protest should be filed.
Benefits: Provides important information relative to results available 24 hourslday, 7
dayslweek.
3. Implement a reverse auction process for the acquisition of goods and services.
Reverse auction is a strategy that will be used for spend management, as part of
strategic sourcing and supply management activities. Bidding performed in real-time
via the Internet results in a dynamic, competitive process. This helps achieve rapid
downward price pressure that is not normally attainable using traditional paper-based
bidding processes.
Benefits: Provides for Increased competition; transparency; and reduction in cost.
4. Issue solicitationlbid announcements electronically. Businesses receive e-mail
notification of procurement opportunities for the commodity codes which they have
registered for.
Benefits: Expedited process of issuing solicitations to the right suppliers/vendors.
5. Create an on-line library of relevant policies and procedures to include:
Ordinances, resolutions, sections of the City Code, Florida Statutes, and Federal law
as applied to federally funded projects.
Commission Memorandum - RFP#I 9-1 0-1 1 E-Procurement
October 19, 201 1
Page 4
Benefits: Provides valuable information on policies and procedures that are applicable
to all solicitations. Must be available for on-screen viewing and downloading.
6. Electronic filing of written communications. E-mail copies of prospective bidders'
written communications that fall under the City's Cone of Silence requirements. This
feature involves providing an electronic copy of all e-mail communication between
procurement staff, proposers, or respondents to RFQs, RFPs and bids, thus satisfying
the requirements of the Cone of Silence.
Benefits: User friendly, speeds up internal processes, and ensures compliance with
Cone of Silence requirements.
7. Enable interactive completion and submission of forms on-line. Form field with
scroll-down menus with valid options, thus ensuring correct information is filled in.
Benefits: Provides an efficient and effective alternative to providing required
information in an expeditious manner, thus reducing the likelihood of disqualifying
bidders on technicalities.
- -
8. Accommodate online bidding and proposal submissions. Establish interactive
reverse online auctions and make bid tabulations available for real-time online
viewing.
Benefits: Expedited processes relative to procurement of needed goods and services.
Also, ease of obtaining documents should result in increased number of responses.
9. Online acquisition of small purchases (less than $5,000). This feature allows
departments to purchase online from approved City vendors any purchase for goods
or services via an electronic means.
Benefits: Speeds up internal purchasing processes. Empowers Department Directors.
Reduces costs associated with manual form processes.
10. Establish on-line reference centers tailored for internal and external users.
Create a Help Desk. Make a "Virtual Vendor Information Center." Provide
departmental instructions, staff responsibilities and contact information, and
checklists. Publish frequently asked questions (FAQs) with answers.
Benefits: Sets up a communication link for obtaining assistance. Creates an
evaluation means to learn about effectiveness and obtain suggestions for improved
service. Provides useful information and guidance 24 hourslday, 7 dayslweek.
11. Advertise surplus vehicle auctions online. This feature involves posting notices of
the time and place of upcoming City auctions, which includes: 1) police confiscated
items; 2) City surplus items; and 3) City vehicles.
Benefits: Makes information widely available to the public and promotes electronic
business transactions with the City. Also provides the potential for increased general
fund revenue; police confiscated fund revenue, and increased revenue for the vehicle
replacement program.
Commission Memorandum - RFP#I 9-1 0-1 1 E-Procurement
October 19,201 1
Page 5
12. Publish a list of current the City contracts online including standard details. This
option should include information on current contract status, expiration date, and any
options for renewal.
Benefits: Provides a business forecast tool which readily accessible to internal and
external interested parties.
13. Make available information and links to resources for businesses.
This feature involves listing upcoming events for businesses (such as seminars and
workshops), and providing links to minority and small business association websites.
Benefits: Resources for businesses are publicized and presented in a single location,
thus made more accessible to the public and business owners, with encouragement
for greater participation by small firms.
14. Publish on-line standard shells for solicitations and contracts to include
standard-clause dictionary, and definitions. This feature involves a clarification of
commonly used procurement terminology, and the publishing of contract and
solicitation templates on the website. Also involves timely posting of any revisions,
additions, and deletions to existing legislation immediately upon adoption by the City
Commission.
Benefits: Assures internal consistency, currency, error reduction and makes contract
language and formats accessible to the vendors.
15. Make various databases accessible to City departments. Include databases for
registered vendors, vendor applications, Architectural and Engineering firms, debarred
and/or suspended firms, vendor pelformance information, vendors-in-arrears to the
City, vendors with current occupational licenses, state of Florida, Secretary of State
(for corporate information), and State of Florida Department of Business &
Professional Regulation (for licensing information).
Benefits: Aid to compliance verification and monitoring. Expands staff awareness and
empowerment. Works toward ensuring checks and balances in the procurement
process.
16. Publish available procurement training information. This feature involves
announcing possible future training sessions the e-Procurement application
(depending on its features and complexity), and various other procurement issues (i.e.
"How To Do Business with the City", "Understanding Public Sector Procurement",
"Understanding City Ordinances and Regulations1', targeting both City employees and
vendors.
Benefits: Identifies and provides training opportunities. Facilitates access and use of
essential Procurement-related applications and resources.
RFP PROCESS
On March 9, 2011, the Mayor and City Commission approved the issuance of Request for
Proposals (RFP) No. 19-10/11, for the expansion the City's E-Procurement System of
Solicitation Announcements and Document Fulfillment Services.
Commission Memorandum - RFP#19-10-11 E-Procurement
October 19, 201 1
Page 6
RFP No. 19-10/11 was issued on March 15, 201 1, with an original opening date of April 18,
201 1. Five (5) addenda were issued which changed the opening date to May 4, 201 1. A pre-
proposal conference to provide information to the proposers submitting a response was held
on March 31, 201 1.
The purpose of this Request for Proposals (RFP) was to select a qualified firm to provide and
expand the City's E-Procurement System of Solicitation Announcements and Document
Fulfillment Services.
BidNet issued bid notices to 158 prospective proposers, BidSync issued bid notices to 2,971
prospective proposers of which 64 viewed the notice, and 45 proposers were notified via e-
mail, which resulted in the receipt of the following twelve (12) proposals:
1. Ariba
2. Enporion
3. Info Tech, Inc / Bidx. Com
4. The Public Group, LLC
5. ESM Solutions Corporation
6. K2 Sourcing, Inc
7. lonwave Technologies, Inc
8. E-Three, lnc
9. SciQuest, Inc
10. RFP Depot d/b/a Bidsync
1 1. IOS Partners, Inc
12. IPT - Interactive Procurement Technologies by BidNet
On May 18, 201 1, the Procurement Office notified Ariba that their proposal was deemed non-
responsive because they failed to provide the cost proposal and other material documentation
and consequently will not receive further consideration. Therefore, eleven (1 1) proposals were
presented to the Evaluation Committee members for further review.
On May 26, 201 1, the City Manager via Letter to Commission (LTC) No. 131-201 1, appointed
an Evaluation Committee ("the Committee") consisting of the following individuals:
• Carlos DaCruz, Office Associate V, Parks and Recreation Department
• Marta Fernandez-Rubio, Procurement Coordinator, Procurement Division
• Nelson Martinez, System Support Manager, IT Department
• Barry Meltz, Director of Procurement Services, School Board of Miami-Dade County.
• Silvia Winitzky, Resident and Leadership Academy Graduate
, Alternates
• Mathew Garwick, Director of Housing Programs/Operations, Housing Authority of
Miami Beach
• Lily Noches, Resident and Leadership Academy Graduate
• Grissette Roque Marcos, Executive Director, Miami Beach Visitor and Convention
Authority
Commission Memorandum - RFP#I 9-1 0-1 1 E-Procurement
October 19, 201 1
Page 7
In addition to the Committee members, 17 staff members representing Procurement, Parks
and Recreation, Building, Public Works, Property Management, Police, Fire, Fleet, Sanitation,
and CIP Departments were called to be part of the Evaluation Support Team to assist the
Committee during the evaluation process by providing feedback on the functionality of the
proposed systems. The Evaluation Support Team was requested to develop a "Scripted
Demo" and elect a chairperson and co-chairperson to provide feedback to the Evaluation
Committee after receiving presentations from the "short-listed" proposers.
On June 23, 2011, the Committee convened and a quorum was attained. Resident and
Leadership Academy Graduate, Silvia Winitzky, was unable to participate. The Committee
members were provided with Performance Evaluation Surveys and additional information
provided by the responsive proposers.
The following Evaluation Criteria was used to evaluate and rank the proposers:
1. Successful past performance in the implementation of E-Procurement system 30 points.
2. Cost to the City's vendors for utilizing the E-Procurement system
20 points. - - (the lower the cost to vendors, the greater the allocation of points)
3. Approach and Methodology for implementing and maintaining the 25 points.
E-Procurement system
4. Number of subscribers (vendors, contractors, firms) in the system 15 points.
5. Added value benefits for City's vendors who participate in the E-Procurement 10 points.
system
The Committee discussed their individual perceptions of the proposer's qualifications,
experience, price, and competence, and ranked the proposers accordingly.
SHORLISTED RANKINGS
The Committee recommended inviting the three (3) top ranked proposes to provide Scripted
Demos: The Public Group, RFP Depot d/b/a BidSync, and IOS Partners, Inc.
Commission Memorandum - RFP#19-10-11 E-Procurement
October 19, 201 1
Page 8
SCRIPTED DEMOS
The Evaluation Support Team members spent many hours in the development of the Scripted
Demos to be performed by the short listed proposers. The Evaluation Support Team convened
on July 8, 201 1 and July 20, 201 1 in order to develop the Scripted Demos, which would be
provided to the short listed proposers for demonstration and the Evaluation Form to be utilized
to evaluate said Scripted Demos. Please see Appendix "A for the Scripted Demo and
Appendix "B for the Evaluation Form.
On September 15, 2011, all Evaluation Support Team members were invited to attend the
Scripted Demos scheduled with the three (3) short listed proposers. Each proposer was
scheduled for a one (1) hour Scripted Demo session and for a 30 minute Questions and
Answer (Q & A) session in order to address any issues that were not covered during the
Scripted Demo sessions. After the Scripted Demos, The Evaluation Support Team members
convened to finalize the report to be presented to the Evaluation Committee.
On September 16,201 1, the Committee convened to receive feedback from the Support Team
Chairpersons on the functionality of the system proposed by each short listed proposer. During
said meeting, the Committee also received presentations from the three (3) short listed
proposers. The Committee further discussed the proposer's qualifications, experience, cost to
the vendors and the City, and scored the short listed proposers accordingly. The tabulated
results are the following:
FINAL RANKINGS
A motion to recommend proposers as ranked was presented by Mathew Garwich, seconded
by Carlos DaCruz, and unanimously accepted by all committee members to recommend
entering into negotiations with the top-ranked firm, the Public Group.
THE PUBLIC GROUP, LLC
The Public Group, LLC (herein referred to as TPG) has proposed the E-Procurement solution,
"Public Purchase", 'integrated with the vendor solution "Public Vendor", contract solution,
"Public Contract", and the surplus solution, "Public Surplus". TPG is proposing a web-based
software as a Solution model which is a turn-key approach.
TPG has been providing services to government agencies for over 15 years and more than
2,350 agencies depend upon TPG services for E-Procurement and surplus property
reallocation/online auction solutions. Agencies of all sizes and types utilize Public Purchase,
including the City of Livermore, City of Port Arthur, Education Service Center Region XI
(Texas), Sacramento County, and San Joaquin County, City of Milpitas, City of Olathe, City of
Palm Bay, County of Northampton, Riverside County.
Commission Memorandum - RFP#19-10-11 E-Procurement
October 19, 201 1
Page 9
Public Purchase and Public Vendor were developed in-house by TPG software developers
and enhancements are continually developed and released based on trends in the
procurement sector, input from clients, and internally identified needs. Highlights of the
applications are as follows:
Fully integrated vendor management and E-Procurement solutions.
Agency-defined bid templates.
Bid Notifications.
Electronic Sealed Bids.
Quick Quotes.
Online Auction Service for Disposing of Surplus Property.
Contract Management functionality.
Electronic Award Notification.
Electronic Bid Bonds.
Access to all reports and receipt feature.
7-year audit trail and internal reallocation.
All upgrades and Hosting of software. - ? Intuitive, easy to use feature and functionality.
Simplification of bidding process for agencies and vendors.
Public Surplus: easy to use and the largest buyer database available exclusively for
government surplus to earn maximum revenue.
Increase competitiveness through our Reverse Auction while lowering the cost of
commodities.
Agencies that use Public Purchase are able to manage and keep their own vendor
management absolutely FREE.
The TGP project team includes individuals with years of experience in E-Procurement, online
surplus auction service and agency support services, and individuals who have worked in
procurement for government agencies.
The Public Group's system does not have any restrictions on limits or number of files, file size
or file type. They have 600 registered government agencies and over 100,000 vendors in their
database.
Eric Heaps is the Chief Operating Officer and has over 15 years of experience developing and
implementing online auction and E-Procurement solutions. Mr. Heaps has facilitated the
implementation of E-Procurement and online auction services for hundreds of agencies,
including the City of Houston, the City of Milpitas, the City of Tucson, and the State of
California.
,%.
Jarad Van Wagoner is the Director of Agency Relations and has over 15 years of experience
in Federal government finance and procurement. Mr. Van is responsible for agency relation
including business development, solution implementation, training, and customer support.
REVENUEGENERATOR
There is no charge to the City of Miami Beach to utilize Public Purchase and Public Vendor.
However, the City at its discretion may choose to charge vendors participating or download
fees as a means to offset procurement costs.
Commission Memorandum - RFP#l9-I 0-1 1 E-Procurement
October 19,201 1
Page 10
Public Purchase enables public agencies to post, manage and award solicitations, automatic
bid tabulation, document and form libraries, plan holders lists, contractor's lists and bid bonds.
Public Vendor enables public agencies to manage information and task related to their
vendors such as self-registration, robust search capabilities, task management, internal notes,
and document and form management.
City Cost: $0.00
Vendor Cost: $0.00
Public Contract: It has standard fees based on the number of users. There are two (2) types of
users, full access and view only. Public Contract enables public agencies to manage
information and tasks related to their contract. Services include expenditure tracking,
automated task notification, automated renewal or re-bid information, internal notes, public
access link, and document and form management.
Full Access User: $1 00 (Monthly)
View Only User: $ 25 (Monthly)
Public Surplus Online Surplus Auction Application: The standard fees are based on sold
assets. There are no advertising fees, marketing fees, set-up fees, training fees, or upgrade
fees. Public Surplus enables public agencies to dispose of assets through internal reallocation
or public auction via online auction marketplace at www.publicsurplus.com. Feature includes
bid deposits, automatic auction extension, 7-year audit trail, payment collection, asset tracking,
specialty buyer databases, and integrated marketing trough buyer interest lists. Sales on
Commission on sold assets are as follows:
Buyer's Premium Charged to Buyer $1 0%
Commission Charged to the City of Miami Beach $0%
Under this pricing strategy, TPG will collect payment on behalf of the City of Miami Beach, and
will retain the 10% buyer's premium collected as compensation. The net proceeds will then be
remitted to the City of Miami Beach.
Collection of Fees
TGP will collect payment on behalf of the City of Miami Beach, and will retain the 10% buyer's
premium collected as compensation. The net proceeds will then be remitted to the City of
Miami Beach.
Vendors under the current provider are being charged $49.95/annually for this service. Based
on a conservative estimate of 3,000 vendors registered with BidNetlBidSync and that the City
will charge the same rate of $49.95 annually, the Citv will generate ap~roximatelv $89,910,
after the 10% charge has been retained by The Public Group, LLC. It must be noted that
vendors wanting to do business with the City of Miami Beach, will always have the option of
visiting the City's website and obtain bidding information free from our website. However the
City's website currently does not have the capability of sending automatic notifications to
inform vendors of the City's and other business opportunities.
The Public Group, LLC will notify all current City vendors of the new services and therefore,
during the first year of service, the City will experience a high volume of vendor registrations.
Commission Memorandum - RFP#19-10-11 E-Procurement
October 19, 201 1
Page 11
On the other hand, if the City elects charging for the downloading of plans and specifications
for high dollar amount construction projects the City could also generate revenues.
The City has historically charged $20.00 for each CD containing plans and specification
related to high dollar construction projects. In order to obtain the CD, the vendor must drive to
City Hall, pay for parking, go to the City's Procurement Office for a receipt of form, and
Finance Department to pay for the CD. This year alone, the City has collected $1,900, which
indicates that 95 vendors have requested CDs with plans and specifications for the City's
construction bids.
Just in the past few months, the City has utilized the FTP website to post plans and
specifications online. The disadvantage of providing plans and specifications via FTP website
is that documents are only available for a 72 hour window and after that the documents are
automatically deleted. This requires constant posting of the plans and specifications which is
very time consuming since there are usually numerous documents related to these high
volume construction projects.
The Public Group, LLC indicated that some agencies charge a sliding scale based on the
amount of the construction projects such us $50.00 for construction projects under $500.00;
$100.00 for projects between $500.00 - $1,000.000; and $250.00 for projects over $1,000.000.
Additionally, the Procurement Office contacted several government agencies to determine how
much to charge for the distribution of plans and specifications. To illustrate,
The Port of Miami charges $50 for a regular contract with technical and non technical
specifications of 24 x 36 drawings and a CD.
The City of Miami charges $20 per specification booklet and an additional cost for
construction plans which varies from $1 0 to $20.
The City of Coral Gables charges $30 for regular packages and $50 for packages with
plans. They also provide a CD for $10 with all the documents including the plans.
City of Tamarac charges from $25 to $90 depending on the complexity of the plans and
project cost.
Under this scenario, if the City were to charge $30 for the download of plans and
specifications, vendors will be able to download the information from the convenience of their
computers without having to drive to City Hall, pay for parking, and visit the Procurement and
Finance Departments. Vendors would most likely be willing to pay the $30 in order to obtain
the plans of specification to bid on a million dollar project.
Based on this year's information and with the assumption that The Public Group, LLC would
retain 10% of the total amount of $30 collected from the downloading of plans and
specifications, the City could have generated $2,565.
ADDED VALUE BENEFITS
The public procurement process, which is an open and competitive, transparent process, has
again served the City to provide the lowest and best proposer for this RFP process, as it has in
the past. This RFP has resulted in the recommendation of a proposer which will provide the
basic services to the City at no cost and will generate revenue for the City. The following table
provides a comparative analysis of the added value benefits that The Public Group, LLC's
Commission Memorandum - RFP#19-10-11 E-Procurement
October 19, 201 1
Page 12
I Revenue Generating Capability 1 Yes. Estimated at $89,910 1 $0.00
system will bring to the City with the current service provider, ITP Interactive Procurement
Benefits to the Citv
No cost to the City for basic program
Advertise and manage surplus items thru online auctions at no cost
Capability of doing Reverse Auctions at cost since it's part of the basic program.
-. Manage the vendor registration for the City
SYSTEM FEATURES
WITH CURRENT
VENDOR
ITP Interactive
Procurement
Technologies by BidNet
$0.00
$49.95 (annually)
Vendors register for the
entire State
4
4
4
4
4
4
Over 100,000
500
Technologies by BidNet.
Cost to the City
Cost to the Vendors
Vendors can register for the City of
Miami Beach specifically
Publish Solicitations on-line
Publish Contract Awards on-line
Reverse Auction
Issue solicitations on-line (vendors)
Create on-line library of relevant policies
and procedures
Electronic Filing or written
communications
Enable interactive completion of
submission forms on-line
Accommodate online bidding and
proposal submission
Online acquisition of small purchase
(less than $5,000)
Advertise surplus vehicle and other
auctions online
Publish a list of City Contracts
Make available information and links to
resources for business
Publish online standard shells for
solicitations and contracts
Make various databases accessible to
City Department
Publish available procurement training
information
Number of subscribers (vendors)
Number of Agencies
SYSTEM FEATURES
WITH NEW VENDOR
The Public Group, LLC
$0.00
$0.00
4
4
4
4
4
4
4
4
4
4
Add-on optional module
4
4
4
4
Over 100,000
600
Commission Memorandum - RFP#I 9-1 0-1 1 E-Procurement
October 19,201 1
Page 13
Greater transparency and accountability for all departments: Procurement will oversee
all quoteslreverse auctions performed by each department and will have the audit trail
of all procured transactions for the threshold dollar amount given to departments
Greater competition which usually results in lower cost
Potential to be a revenue generating system if the City elect to charge for registration
or downloading of documents
Interactive completion of submission forms on-line
Provide vendors and contracts databases to City Departments
No restrictions in the number, type or size of files being stored in the system.
Online submission of documents
Easy to communicate with the vendors and share information with all vendors
Track and maintain vendor information such as W9, NlGP Commodity Codes, Equal
Benefits compliance, or other business designation such as veteran, women business
owned, minority business owned, or local preference
Benefits to the Vendors
- No cost to the vendors
Vendors can register only for City's projects for free or with any other agency
registered with The Public Group for free
Vendors are automatically notified of all projects of their interest being advertised by
the City of any other agency that they have registered with.
Easy bidding procedures thru reverse auction
Track competition prices in real time thru reverse auction
Downloading of documents in a timely manner without having leaving the office
Vendors can submit questions and view questions submitted by other vendors
Vendors can be notified of additional bidding opportunities by any other agency that is
not currently registered with The Public Group. This is an added value services provide
at an annual charge of $399.00. This service also provides the vendor with market
analysis and targeted available searches for the market of their interest. This includes
receiving bidding opportunities from over 8,700 government agencies across the
nation.
Reverse Auction: Total Transparencv in Real Time
Reverse auctions take about the same time as using sealed bids, the vendors do all the data
entry, and the system tabulates the bids automatically, which eliminates the need for formal
bid tabulation and any potential human errors. Reverse auctions are conducted online in real
time, thus enabling suppliers to track and bid down against competitions. The process ensures
the best possible price lowest cost to government agencies while all the terms and conditions
are determined before the auction begins. The following have been identified as some of the
benefits that reverse auctions could bring to governments:
A shorter solicitation cycle: eliminates the scoring, tabulating, and evaluation of
responses.
Greater price competition which result in lower expenditures for the agency.
Real Time Transactions which allow vendors to track competitors in real time.
Greater flexibility for vendors since they are allowed to submit multiple bids.
Commission Memorandum - RFP#19-10-11 E-Procurement
October 19,201 1
Page 14
Open and Fair opportunity to all vendors which show the willingness to use different
supplies.
Transparency and fewer protests
GoPro (Government Procurement) in its June/July 201 1 publication, presented the following
case studies to reveal the recent success of reverse auctions:
Knox Countv's Police vehicles Case Studv
Knox County's Purchasing Division began planning its first reverse auction in August 2010.
The Purchasing Division identified 22 police vehicles in the Sheriffs Office budget that could
potentially be acquired through this competitive method. After conversations with several other
local government agencies, the Purchasing Division was able to recruit two additional
agencies - the Blount County Sheriffs Department and the City of Knoxville - to compete their
needs with Knox County. The resulting multi-agency cooperative bidding event was for 164
Police Interceptor Vehicles. Although the Knox County reverse auction stretched over 21 days
as required by law, anyone could start bidding immediately as soon as it opened or anytime
during the three-week period. Most activity happened in the last hour.
On Nov. 2, 2010, at 2 p.m., the state's first agency-managed on-line reverse auction closed
and resulted in measurable savings for three local governments. Five different vendors
submitted a total of nine bids with Alexander Lincoln-Mercury Ford submitting the winning bid.
The price dropped $645,000 from the auction opening for purchase of Knox County police
vehicles, and the final bid came in $2,300 under the state prices per vehicle; the county saved
enough to purchase extra vehicles.
Knox County Purchasing Director Hugh Holt says there are a lot of administrative savings in
reverse auctions, and time can be saved on the back-end related to follow-up with vendors.
"The vendors saw it happen before their eyes," he said. "It's the most transparent bidding
process a public agency can use." There is less chance of a protest - and the resulting huge
administrative expense - because everything is based on cost.
The Marico~a County Flour Case Studv
Maricopa County, Ariz., asked its vendor of bulk flour to lower its price of 38.5 cents a pound.
The county uses almost 2 million pounds of flour a year to provide bread to about 8,000 county
jail inmates, and Matthew Bauer of the county procurement office contended that lower gas
prices should translate into a lower floor price. However, the supplier would not budge on the
price. --
Bidding on Maricopa County's flour contract was slow at first, but a flurry of activity in the final
hours - eight different prices from four vendors - concluded with a winning bid of 20.5 cents per
pound. Ironically, the winning bid came from the same supplier who had earlier refused to
budge on price.
The county has repeated the reverse auction for bulk flour every six months since then, thus
allowing the changing market to dictate the low bidder and the price. In three years, Maricopa
County has saved $976,000 on bulk flour through reverse auctions. "Reverse auctions keep
Commission Memorandum - RFP#19-10-11 E-Procurement
October 19, 201 1
Page 15
the price competitive so we know we are getting the right price for the flour," says Bauer, who
is now procurement supervisor for Maricopa County.
Maricopa County has also begun using reverse auctions for other products ranging from on-
site drug testing kits to inmate shoes and canned fruit and beans. Bauer estimates the county
has saved more than $2 million in the last year and a half using reverse auctions instead of
competitive sealed bids, which only give vendors one chance to provide the lowest bid without
knowing what any competitors are bidding
We have used reverse auctions for commodities when it is easy to bid apples to apples," said
Bauer. "It's not the best type of procurement for specifications that are not well-defined or if
there are many different products out there to fit your needs." For example, Maricopa County
tried unsuccessfully to use a reverse auction to buy inmate mattresses to supply its six jails
and detention facilities. The range of products and varied specifications made it impossible for
vendors to compete fairly.
State of Arizona Department of Education Print Job Case Studv
Reverse auction successes in Arizona include a State of Arizona Department of Education
print job contract that was awarded at $1,254 below budget, or 20 percent below the opening
price. In another reverse auction, Arizona's Department of Transportation saved 5.2 percent
on the purchase of seven heavy-duty chainsaws. The auction involved multiple small vendors
throughout Arizona, and the contract specified the product had to be delivered instead of
picked up, which saved shipping costs. In 24 bids submitted for Arizona Department of Game
and Fish all-terrain vehicles, the contract was awarded at 13.6 percent below opening bid.
One way the reverse auctions saved time for Arizona was by shortening the time the auction is
open, from 14 days to a 5-to-7-day period. The Arizona statute does not specify a minimum
period of time the auction must be open. Arizona also had good feedback from participating
vendors, who are happy with the process. "They appreciate the fact that they don't have to
make a decision in a vacuum," said Clark
Arizona was also careful in providing specifications, terms and conditions before the auction
began. "Everyone has agreed to terms and conditions up front," said Clark.
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 with the top-ranked proposer, The Public Group, LLC; and should the
Administration not be successful in negotiating an Agreement with the top-ranked proposer,
authorize negotiations with the second-ranked proposer, RFP Depot d/b/a Bidsync; further
authorize the Mayor and City Clerk to execute an agreement upon the conclusion of
successful negotiations by the Administration.
Commission Memorandum - RFP#19-10-11 E-Procurement
October 19, 201 1
Page 16
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of
proposals pursuant to Request for Proposals (RFP) No. 19-1011 1, for the Expansion of the
City's E-Procurement System of Solicitation Announcements and Document Fulfillment
Services; authorize the Administration to enter into negotiations with the top-ranked proposer,
The Public Group, LLC; and should the Administration not be successful in negotiating an
Agreement with the top-ranked proposers, authorize negotiations with the second-ranked
proposer, RFP Depot d/b/a Bidsync ; further authorize the Mayor and City Clerk to execute an
agreement upon the conclusion of successful negotiations by the Administration.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ClTY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO
REQUEST FOR PROPOSALS (RFP) NO. 19-10/11, FORTHE EXPANSION OF
THE CITY'S E-PROCUREMENT SYSTEM OF SOLICITATION ANNOUNCEMENTS
AND DOCUMENT FULFILLMENT SERVICES; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WlTH THE TOP-
RANKEDPROPOSER, THE PUBLIC GROUP, LLC; AND SHOULD THE
ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT
WlTH THE TOP-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WlTH
THE SECOND-RANKED PROPOSER, RFP DEPOT LLC D/B/A BIDSYNC; AND
FURTHER AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
WHEREAS, on March 9, 2011, the Mayor and City Commission approved the
issuance of Request for Proposals (RFP) No. 19-1011 1, for the expansion the City's E-
Procurement System of Solicitation Announcements and Document Fulfillment Services; and
WHEREAS, the RFP was issued on March 15, 201 1, with an original opening date of
April 18, 201 1; five (5) addenda were issued which changed the opening date to May 4,
201 1; and
WHEREAS, a pre-proposal conference to provide information to the proposers
submitting a response was held on March 31,201 1 ; and
WHEREAS, BidNet issued bid notices to 158 prospective proposers, BidSync issued
bid notices to 2,971 prospective proposers of which 64 viewed the notice, and 45 proposers
were notified via e-mail, which resulted in the receipt of the eleven (1 1) proposals; and
WHEREAS, on May 18, 2011, the Procurement Office notified Ariba that their
proposal was deemed non-responsive and consequently will not receive further
consideration. Therefore, ten (10) proposals were presented to the Evaluation Committee
members for further review; and
WHEREAS, on May 26, 201 1, the City Manager via Letter to Commission (LTC) No.
131-201 1, appointed an Evaluation Committee (the Committee) consisting of the following
individuals:
,a Carlos DaCruz, Office Associate V, Parks and Recreation Department;
e Marta Fernandez-Rubio, Procurement Coordinator, Procurement Division;
e Nelson Martinez, System Support Manager, IT Department;
• Barry Meltz, Director of Procurement Services, School Board of Miami-Dade
County;
e Silvia Winitzky, Resident and Leadership Academy Graduate; and
Alternates
o Mathew Garwick, Director of Housing Programs/Operations, Housing
Authority of Miami Beach;
o Lily Noches, Resident and Leadership Academy Graduate;
o Grissette Roque Marcos, Executive Director, Miami Beach Visitor and
Convention Authority; and
WHEREAS, in addition to the Committee members, 17 staff members from the
Procurement, Parks and Recreation, Building, Public Works, Property Management, Police,
Fire, Fleet, Sanitation, and CIP Departments served as part of an Evaluation Support Team
to assist the Evaluation Committee during the evaluation process by providing feedback on
the functionality of the proposed systems; and
WHEREAS, the Evaluation Support Team was requested to develop a "Scripted
Demo" and elect a chairperson and co-chairperson to provide feedback to the Evaluation
Committee after receiving presentations from the short listed proposers: The Public Group,
RFP Depot d/b/a BidSync, and IOS Partners, Inc; and
WHEREAS, the Evaluation Support Team convened on July 8, 2011 and July 20,
201 1 in order to develop the Scripted Demos, which would be provided to the short listed
proposers for demonstration and the Evaluation Form to be utilized to evaluate said Scripted
Demos; and
WHEREAS, on September 15, 201 1, all Evaluation Support Team members were
invited to attend the Scripted Demos scheduled with the three (3) short listed proposer for a
one (1) hour Scripted Demo session and for a 30 minute Question and Answer session in
order to address any issues that were not covered during the Scripted Demo sessions; and
WHEREAS, on September 16, 201 1, the Committee convened to receive feedback
from the Support Team Chairpersons on the functionality of the system proposed by each
short listed proposer and also receive presentations from the three (3) short listed proposers;
and
WHEREAS, the Committee further discussed the proposer's qualifications,
experience, cost to the vendors and the City, scored the short listed proposers accordingly
and unanimously recommend entering into negotiations with the top-ranked firm, the Public
Group; and
WHEREAS, 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 with the top-ranked proposer, The Public Group, LLC;
' and should the Administration not be successful in negotiating an Agreement with the top-
ranked proposer, authorize negotiations with the second-ranked proposer, RFP Depot d/b/a
Bidsync; further authorize the Mayor and City Clerk to execute an agreement upon the
conclusion of successful negotiations by the Administration.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager, pursuant to Request
for Request (RFP) No. 19-10111, for the Expansion of the City's E-Procurement System of
Solicitation Announcements and Document Fulfillment Services; authorize the Administration
to enter into negotiations with the top-ranked proposer, The Public Group, LLC; and should
the Administration not be successful in negotiating an Agreement with the top-ranked
proposers, authorize negotiations with the second-ranked proposer, RFP Depot d/b/a
Bidsync ; further authorize the Mayor and City Clerk to execute an agreement upon the
conclusion of successful negotiations by the Administration.
PASSED AND ADOPTED THIS DAY OF 201 1.
ATTEST:
CIN CLERK MAYOR
APPROVE0 A8 tb
FORM & LANGUAGE
Scripted Demos for E-Procurement Short listed Proposers Pursuant
to RFP#19-10/11
Home Pane
For Vendors ( 5 minutes)
1. Show vendor log in.
2. Briefly describe the vendor registration process:
Account set up to include the information requested from the vendor such us
phone number, address, e-mail, payment accepted (credit card or check only).
NlGP code selection: Demonstrate how many vendors you have already
registered for commodities such as electrical supplies, auto parts, or janitorial
supplies.
3. Demonstrate how vendor access the account.
4. Demonstrate how vendor searches for bid opportunities, including quotes.
5. Demonstrate how vendor submit quotes, sealed bids online and how they remind
unopened until the opening date.
6. How the vendor is notified of the solicitationlquote opportunity
7. Show Vendor Help Desk from another agency.
8. Show list of bid opportunities for public viewing (no subscription) If available.
9. What information to make available to the vendors from the City?
10. Show any other added value the system will provide to the registered vendors.
11. Show if vendors are able to see comments from users on their performance. Are
vendors rated in the system?
For End User (5 minutes)
1. Show end user log in.
2. Demonstrate how the end user can search for quotes which have been issued for the
same commodities or type of items by a different end userldepartment.
3. Demonstrate how the end user can search previous bidslquotes1RFP by commodity
codes or keyword search.
4. Show if end users can view vendor performance comments or ratings from other users
or organizations.
5. Show how the system flags an existing City of Miami Beach Contract in place when an
end user enters a commodity or vendor. Is the system able to show all contracts
available for each vendor?
6. Can the system track warranty information on each product purchased.
7. Does the system show or track mean time between failures on each product?
General (5 minutes)
1. Demonstrate if the system proposed is capable of showing our solicitationslquotes
opportunities in our City's website.
2. Demonstrate if the system proposed has the capability of linking to our website to direct
vendors to the City Clerk's Office to place a Public Record Request by e-mail.
3. Demonstrate if the system proposed has the capability of linking to our website to direct
vendors to retrieve Ordinances or any other information posted in the Procurement
website.
4. How many user licenses are included in the initial package? How much for each
additional licenses?
Publish Solicitations Online (I 5 minutes)
Demonstrate how to advertise a Bid/Quote/RFP/RFQ, showing all steps involved, including:
1. Assign Numbernitle, pre-bid meeting, deadline for questions, bid opening date.
2. Show if the system allows for paper submission and/or electronic submission.
3. Vendor Selection.
4. Attach Specifications (ITBIRFP Document).
5. Save bid for release at a later date.
6. Demonstrate if the system has the capacity for uploading construction plans and
specifications.
7. Demonstrate if the system has the capacity of charging a fee for the retrieval of
construction plans.
8. Is the system capable of interfacing with Eden? Can the system use our existing vendor
ID from Eden?
9. Release Bid for public viewing.
10. Create a Public Notice advertisement to be released to a newspaper.
1 1. Show how vendors are notified of new bid opportunities.
12. lssue an Addendum.
13. lssue additional information, not to be recognized as an addendum.
14. How are vendors notified, do all vendors get a notifications, only vendors that viewed,
downloaded a document)
15. Show how new vendors can be invited and how the system will notify them that they are
being requested to register and participate in this bid.
16. Revise Due Date.
17. Show how vendors can submit questions online, if available.
18. Demonstrate if the system has the capacity of uploading and providing stream audio
minutes of pre-bid meetings. Indicate any limitations, if any.
19. Provide overview of alerts and notifications handled by the system (question has been
received, pre-bid meeting reminders, etc.)
20. Show vendor activity reports:
0 Number of vendors that viewed or downloaded the document
Howe many addenda were issued;
Show the plandholder list;
21. Show how to receive sealed bids online.
22. Show how to advertise bid tabulation created by the City.
23. Show how the system generates bid tabulations for line item bids.
24. Show how to advertise Award Information.
25. Show ability to add Custom Fields, if available.
26. Demonstrate if the system has the capability of setting up "private quotes" for vendor
awarded under a specific contract by the City where only said vendor are invited to
participate.
27. Show if the system can generate a "no bid" document message to be filled out by a
vendor that has viewed a document but intends not to submit a bid.
Reverse Auction Process (1 5 minutes)
Demonstrate how to conduct reverse actions under the following scenario: The Sanitation,
Property Management, and Fleet Departments are scheduling simultaneous reverse auction for
different commodity codes. Is the system capable?
1. Create three (3) different reserve auctions for items in the following commodity codes:
Electrical parts:T8 3 Foot Fluorescent Bulbs
Janitorial supplies
Auto parts
2. Show the initial invitation to vendors for one of this reverse auction.
3. Show if the system can invite additional vendors to participate in the reverse auctions.
4. Perform actual reserve auction.
5. Show how the bids are time stamped.
6. Show what happened if two (2) equal bids are received at the same time within the last
seconds before the reserve auction is scheduled to close.
7. Show the award of the reverse auction.
8. Show how vendor is notified.
RFP Evaluator Tool (5 minutes)
1. Demonstrate the process.
2. How the system assigns evaluators.
3. Show the instructions provided to the Evaluation Committee1 Panel.
4. Demonstrate the point calculation utilized.
5. Show the available reports.
Databases (5 minutes)
Contract Management:
1. Show how to search for contracts by number, description, expiration date.
2. Demonstrate if the system notifies of expiration dates on the contracts.
3. Demonstrate if the system is capable of generating and sending renewal letters.
Vendor performance:
1. Show how end user can submit vendor performance form.
2. Show Reporting capability of the system on vendor performance
Online Form Submission (5 minutes)
1. Provide Living Wage Forms as a sample and ask to provide a demonstration of how it is
completed and submitted online.
2. Is the system capable of reporting on the applicability of Living Wage or Equal Benefits
based on the answers provided by the vendors in the forms (i.e. if more than 50
employees).
3. Will this report or information be saved at least for a year so vendors don't have to
submit this information every time?
4. Show if the system is able to generate standardized forms such us protest letters or
award letters.
5. Show if the system can generate user check lists to include items which will determine
the responsiveness of a bid and send letters to request omitted information or
clarification based on this check list.
RFP#19-10111 FOR E-PROCUREMENT SYSTEM - SCRIPTED DEMOS EVALUATION FORM
Proposer's Name:
Evaluation Support Team
Support Team member's name:
Date:
1. Home Page Poor Good Excellent
Vendor Online registration
Information collected on Vendor (Payment type ....)
Notification of bidding opportunities for vendors
Added value to vendors
Rating of Vendor's Performance
End User Log in and Friendliness of system
Query or search of previous quoteslbids
Links between system and our website
Overall presentation I view
TOTAL SCORE:
Notes:
Friendliness of the process in general
Attachments of Documents and Plans
Vendor Outreach
Attachment of audio minutes
Alerts and notifications to vendors and end users
Activity Reports
Private Quotes availability
Advertisement of Bid Awards and Tabulations
Automatic "no bid" notification
TOTAL SCORE:
Notes:
Excellent Good
2. Publish Solicitations Online
Poor
Excellent 2. Reverse Auction
Friendliness of the process in general
Invitation to vendors
Award to vendors
Overall
Poor
TOTAL SCORE:
Notes:
Good
3. Evaluator Tool
Friendliness of the process in general
Reports
Good Poor Excellent
TOTAL SCORE:
Notes:
4. Database
Contract Management Capabilities
Vendor Performance Capabilities
TOTAL SCORE:
Poor
Notes:
Good
6. Online Form Submission
Online Form Submission Capabilities
Standardization of Forms
Check Lists
Automated Letters
TOTAL SCORE:
Excellent
Notes:
Excellent Poor Good
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The City
Manager And City ClerkTo Execute A License Agreement With Environmental Systems Research lnstitute Inc (ESRI) ForThe
Geographic lnformation System (GIs); Said Agreement Having A Term Of Three (3) Years, Effective December 7, 201 1,
Through December 7,2014, At An Annual Cost Of $50,000.
Key Intended Outcome Supported:
Well Maintained Infrastructure, Well Maintained Facilities.
Supporting Data (Surveys, Environmental Scan, etc.):
Issue: I Shall the Mayor and the City Commission Adopt The Resolution?
Item SummarylRecommendation:
ESRI software for GIs was part of the original proposal for an Infrastructure Management System (IMS) in Public Works which
included a Computerized Maintenance Management System (CMMS) integrated with GIs. The Commission via Resolution No.
2004-25501 accepted the recommendations pertaining Request for Proposals (RFP) No. 64-02/03 and consequently, the
Administration negotiated a contract with Camper Dresser, McKee, Inc. ESRI software was featured in four of the five
responses.
On March 14, 2007, the Commission via Resolution No. 2007-26486, approved the purchase of a Geographic lnformation
System (GIs) Site License from Environmental System Research lnstitute Inc. (ESRI) in the amount of $101,204. Working
closely with the lnformation Technology Department, and the IT Steering Committee, the Public Works Department has made
significant progress in developing the IMS. Major accomplishments include:
CMMS operational in Utilities, Streets, Streetlights, Sanitation, Engineering and Convention Center;
Interface the Web Enabled Service Request System WebQA with CMMS so that Citizens Service Request creates
automatic a Service Request in Public Works Asset Management System Cityworks without any manual data
entry;
Miami Beach Traffic Alert Viewer with daily updated traffic alerts;
Art in Public Places Viewer with location and description of public artworks;
Wrote application to automate the Cleanliness Program on behalf of the Budget and Performance Department;
Maintain Addressing and Parcel System in EDEN Financial System;
Maintain Addressing and Parcel System in Permitplus Permitting System;
Maintain GIs Data for the NewWorld CAD system used by the Emergency Services and the Parking and Code
Department;
Located and mapped all new Green Spaces in the City on behalf of the Parks Department;
Created Water Use Reports for the Water Rate Study;
Supported all Departments with maps and information.
On November 5,2008, the Commission via Resolution No. 2008-26937, approved an upgrade from the yearly maintenance
agreement for the Geographical lnformation System (GIs) Software from Environmental Systems Research lnstitute Inc.
(ESRI), to a three (3) year ESRI Small Municipal and County Enterprise License Agreement (EM, effective December 7,2008
through December 7, 201 1, at an annual cost of $50,000.00 except the for the first year cost of $40,907.
The Administration recommends entering into a three (3) year ESRI Small Municipal and County Enterprise License
Agreement (EM) for the Geographic lnformation System (GIs) Softwarefrom Environmental Systems Research lnstitute Inc
(ESRI), effective December 7,201 1 through December 7,2014, at an annual cost of $50.000.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION
Advisory Board Recommendation:
I I
Financial Information:
Approved Source of Funds:
OBPl
Financial Impact Summary:
City Clerk's OfFice Legislative Tracking: I Gus Lopez, extension 6641
-Account
IT Contract Maintenance Account No. 550-
0630-000325
q
rota!
Amount
$50,000 (annually)
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 G775
DATE: October 19, 201 1 / /C/ w SUBJECT: A RESOLUTION OF THE MAY0 AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ClTY
MANAGER AND ClTY CLERK TO EXECUTE A LICENSE AGREEMENT WITH
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE INC (ESRI) FOR THE
GEOGRAPHIC INFORMATION SYSTEM (GIs); SAID AGREEMENT HAVING A
TERM OF THREE (3) YEARS, EFFECTIVE DECEMBER 7, 2011, THROUGH
DECEMBER 7,2014, AT AN ANNUAL COST OF $50,000.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Well Maintained Infrastructure, Well Maintained Facilities.
FUNDING
Funding in the amount of $50,000 is appropriated annually from the IT Contract Maintenance
Account No. 550-0630-000325.
ANALYSIS
ESRI software for GIs was part of the original proposal for an Infrastructure Management
System (IMS) in Public Works which included a Computerized Maintenance Management
System (CMMS) integrated with GIs. The Commission via Resolution No. 2004-25501
accepted the recommendations pertaining Request for Proposals (RFP) No. 64-02/03 and
consequently, the Administration negotiated a contract with Camper Dresser, McKee, Inc for
the development of the CMMS portion of the project. ESRI software was featured in four of the
five responses.
On March 14, 2007, the Commission via Resolution No. 2007-26486, approved the purchase
of a Geographic Information System (GIs) Site License from Environmental System Research
Institute Inc. (ESRI) in the amount of $101,204.
The Public Works, Fire, Police, Parks and Planning Departments have, in the past, purchased
individual licenses for ESRI software. The GIs System Manager, working with the IT
Department, consolidated these individual licenses and expanded the access into a citywide
site license and enabled access to the GIs by all departments.
Commission Memorandum - ESRI Agreement
October 1 9,201 1
Page 2
Working closely with the lnformation Technology Department, and the IT Steering Committee,
the Public Works Department has made significant progress in developing the IMS. Major
accomplishments include:
CMMS operational in Utilities, Streets, Streetlights, Sanitation, Engineering and
Convention Center
Interface the Web Enabled Service Request System WebQA with CMMS so that
Citizens Service Request creates automatic a Service Request in Public Works Asset
Management System Cityworks without any manual data entry
Miami Beach Traffic Alert Viewer with daily updated traffic alerts
Art in Public Places Viewer with location and description of public artworks
Wrote application to automate the Cleanliness Program on behalf of the Budget and
Performance Department
Maintain Addressing and Parcel System in EDEN Financial System
Maintain Addressing and Parcel System in Permitplus Permitting System
Maintain GIs Data for the NewWorld CAD system used by the Emergency Services
and the Parking and Code Department.
Located and mapped all new Green Spaces in the City on behalf of the Parks
Department.
Created Water Use Reports for the Water Rate Study.
Supported all Departments with maps and information.
On November 5, 2008, the Commission via Resolution No. 2008-26937, approved an upgrade
from the yearly maintenance agreement for the Geographical lnformation System (GIs)
Software from Environmental Systems Research Institute Inc. (ESRI), to a three (3) year ESRI
Small Municipal and County Enterprise License Agreement (EM, effective December 7, 2008
through December 7, 201 1, at an annual cost of $50,000.00 except the for the first year cost
of $40,907.
The Administration recommends entering into a three (3) year ESRI Small Municipal and
County Enterprise License Agreement (EM) for the Geographic lnformation System (GIs)
Software from Environmental Systems Research lnstitute Inc (ESRI), effective December 7,
201 1 through December 7, 2014, at an annual cost of $50.000.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida, approve and authorize the City Manager and City Clerk to execute a license
agreement with environmental systems research institute inc (ESRI) for the geographic
information system (GIs); said agreement having a term of three (3) years, effective
December 7,201 1, through December 7,2014, at an annual cost of $50,000.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ClTY
MANAGER AND ClTY CLERK TO EXECUTE A LICENSE AGREEMENT WITH
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE INC (ESRI) FOR THE
GEOGRAPHIC INFORMATION SYSTEM (GIs); SAID AGREEMENT HAVING A
TERM OF THREE (3) YEARS, EFFECTIVE DECEMBER 7, 2011, THROUGH
DECEMBER 7,2014, AT AN ANNUAL COST OF $50,000.
WHEREAS, on February 25, 2004, the City Commission, via Resolution No. 2004-
25501, accepted the recommendation pertaining to Request for Proposals (RFP) No. 64-
02/03 for Infrastructure Management System (IMS) and negotiated a contract with Camp
Dresser, McKee, Inc; and
WHEREAS, the Environmental Systems Research Institute, Inc (ESRI) software was
featured in four (4) of the five (5) responses to the RFP; and
WHEREAS, on March 14, 2007, the City Commission, via Resolution No. 2007-
26486, approved the purchase of a Geographic lnformation System (GIs) Site License from
ESRI, in the amount of $1 01,204; and
WHEREAS, working closely with the lnformation Technology Department, and the IT
Steering Committee, the Public Works Department has made significant progress in
developing the IMS; and
WHEREAS, on November 5, 2008, the City Commission, via Resolution No. 2008-
26937, approved an upgrade from the yearly maintenance agreement for the Geographical
lnformation System (GIs) Software from ESRI, to a three (3) year ESRI Small Municipal and
County Enterprise License Agreement (EM), which expires on December 7, 201 1; and
WHEREAS, the Administration recommends entering into a new three (3) year ESRI
Small Municipal and County Enterprise License Agreement (EM) for the Geographic
lnformation System (GIs) Software from Environmental Systems Research Institute Inc
(ESRI), effective December 7, 2011 through December 7, 2014, at an annual cost of
$50.000.
WHEREAS, the City Manager has reviewed and concurs with the Administration.
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 approves and authorizes City Manager and City Clerk to execute a
License Agreement with The Environmental Systems Research Institute Inc (ESRI) for the
Geographic lnformation System (GIs); said Agreement having a term of three (3) years,
effective December 7,201 1 through December 7,2014, at an annual cost of $50.000.
PASSED AND ADOPTED THIS DAY OF 201 1.
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
CITY CLERK MAYOR
T:\AGENDA\201 1\10-I 9-1 I\ESRI - RESO.doc
41 2
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The
MayorAnd City Clerk To Execute An Interlocal Agreement Between Miami-Dade County And The City Of Miami Beach
For The Continued Provision Of A Bi-Directional Transit Circulator Route Service Known As The "South Beach Local".
Key Intended Outcome Supported:
Enhance mobility throughout the City.
Supporting Data (Surveys, Environmental Scan, etc.):
Transportation remains one of the most significant areas to address from the 2009 Community Satisfaction Survey
results (often mentioned as a Key Quality of Life Issue). 24% of residents rated traffic flow as excellent or good, and
37% as poor. 35% of residents rated the availability of pedestrian trails and bicycle pathsllanes as excellent or good,
and 30% as poor.
Issue: I Shall the Mayor and City Commission approve the Resolution?
Item SummarylRecommendation:
On June 8,2005, the City Commission adopted Resolution No. 2005-25934, which authorized the execution of an Inter-
local Agreement (ILA) with Miami-Dade County (County) for the operation of a bi-directorial transit circulator route
service in Miami Beach to be known as the "South Beach Local" (SBL). The ILA expired on October 11,201 0; however,
MDT has continued to provide services under the same terms and conditions. This partnership with MDT allows the City
to comply with the requirement of the People's Transportation Plan (PTP) Surtax to expend a minimum 20% of the City's
PTP share on transit purposes.
MDT initially wanted to have the City contribute more to the annual operating cost than our current proportion of
approximately 35% City and 65% County. The County wanted to have a 50% City and 50% County split. The cost
increase to the City would have been $507,379 annually. In addition, the County wanted to increase the headways during
peak hours, eliminate the City's 3% annual increase limits, and eliminate the Belle lsle service.
After prolonged negotiations and support from County Commissioner Bruno A. Barreiro, the City and MDT agreed to the
following:
1. The City will maintain the current level of contribution of $1,213,121 per year.
2. Maintain the current headways of 13 minutes during the peak hours.
3. Continue service to Belle lsle.
4. Maintain the City's contribution to the annual net operating cost increase to the Miami-Ft. Lauderdale CPI
Transportation Index or 3%, whichever is less.
5. Eliminate service between midnight and 1 :00 am as average ridership is only 10 people during that hour.
THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION.
Advisory Board Recommendation: I N/A
Financial Information:
Funds:
I Financial lm~act Summarv: I
Account I sourceof
3
Total
Amount
1
2
$1,213,121
$1,200,000
$13,121
187.8000.31 291 0 (FY 201 1/12 PTP)
158.621 7.000335 (CMF/S.Beach)
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. Gonzaleq City Manager rn
DATE: October 19, 201 1 [j[ ) u w
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND ClTY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTYAND THE
ClTY OF MIAMI BEACH FOR THE CONTINUED PROVISION OF A BI-DIRECTIONAL
TRANSIT CIRCULATOR ROUTE SERVICE KNOWN AS THE "SOUTH BEACH LOCAL".
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
This Resolution is approving the use of fiscal year (FY) 201 1 /I 2 People's Transportation Plan (PTP)
Funds in the amount of $1,200,000 and FY 201 1/12 South Beach Concurrency Mitigation Funds in the
amount of $13,121 appropriated for the South Beach Local.
BACKGROUND
On June 8, 2005, the City Commission adopted Resolution No. 2005-25934, which authorized the
execution of an Inter-local Agreement (ILA) with Miami-Dade County (County)for the operation of a bi-
directional transit circulator route service in Miami Beach to be known as the "South Beach Local"
(SBL). Service commenced on September 25,2005 and the SBL replaced both the City's Electrowave
Shuttle Service and MiamLDade Transit's (MDT) Route W.
MDT has provided an expanded level of service at significantly less cost to the City, as a result of the
City and County combining and coordinating transit resources instead of competing for the same
ridership. The partnership allows the City to comply with the requirement of the People's Transportation
Plan (PTP) Surtax to expend a minimum 20% of the City's PTP share on transit purposes.
The ILA expired on October 11, 2010; however, MDT has continued to provide services under the
same terms and conditions.
MDT initially wanted to have the City contribute more to the annual operating cost than our current
proportion of approximately 35% City and 65% County. The County wanted to have a 50% City and
50% County split. The cost increase to the City would have been $507,379 annually. In addition, the
County wanted to increase the headways during peak hours, eliminate the City's 3% annual increase
limits, and eliminate the Belle Isle service.
After prolonged negotiations and support from County Commissioner Bruno A. Barreiro, the City and
MDT agreed to the following terms:
1. The City will maintain the current level of contribufon of $1,213,121 per year.
2. Maintain the current headways of 13 minutes during the peak hours.
3. Continue service to Belle Isle.
Commission Memorandum - South Beach Local ILA
October 19,201 1
Page 2 of 3
4. Maintain the City's contribution to the annual net operating cost increase to the Miami-Ft.
Lauderdale CPI Transportation Index or 3%, whichever is less.
5. Eliminate service between midnight and 1 :00 a.m. as average ridership is only 10 people during
that hour.
ANALYSIS
The changed terms of the negotiated SBL ILA in comparison to the original SBL ILA are as follows:
Sec. 2.2 Vehicles - FTA Purchased Buses
o Current Agreement: If the Agreement is terminated, MDT will return City-purchased
buses to the City. City will be allowed to purchase up to 6 additional minibuses from the
County's procurement contract.
o Negotiated Agreement: A change to federal regulations requires MDT to reimburse
FTA for the 4 buses purchased with FTA funds for the SBL based on the depreciated
value, and any remainingfunds after the disposal of the buses and reimbursement to
FTA will be provided to the City, if the agreement is terminated. The City will be allowed
to purchase additional dies el minibuses from MDT's bus procurement contract.
o Changes: The change from returning buses to the City to the City receiving remaining -
funds after FTA reimbursement is due to a change in federal regulatons.
Sec. 2.7 Public Coordination
o Current Agreement: Agreement does not include language on this issue.
o Negotiated Agreement: MDT will present proposed modifications to the Transportation
and Parking Committee (TPC). MDT will also provide biannual presentations to the
TPC on the performance and quality of service of the SBL.
o Changes: This is a change to the current agreement. It benefits the City by providing
the proposed modifications during the term of the agreement and a biannual update to
the City TPC.
Sec. 3.1 Provision of Service and 3.2 Fares
o Current Agreement: MDT will operate the SBL with a fare of $0.25, service hours Mon
-Sun from 8:00 a.m. - 1.00 a.m., and peak headways every 13 minutes and off peak
headways every 20 mirutes.
o Negotiated Agreement: MDT will operate the SBL with a fare of $0.25, service hours
Mon - Sun from 8:00 a.m. - Midnight, and peak headways every 13 minutes and off
peak headways every 20 minutes.
o Changes: There will be no service from midnight to 1 :00 a.m. due to low ridership. The
average ridership was ten people for that hour.
Sec. 3.10 FTA Monitoring and Oversight Regarding Information Required for FTAAudits
o Current Agreement: Agreement does not include language on this issue.
o Negotiated Agreement: MDT will provide the City with an annual performance report
which includes ridership data and trends, supporting data for Service Standards, annual
maintenance records, ect. and any other requirements that are pursuant to FTA
o Changes: This is a change to the current agreement. It benefits the City to have this
information for FTA audits.
Sec. 6.1 Funding: Estimated Annual Operating Cost:
o Current Agreement: The current net operating cost for FY 201 011 1 is $3,441,000. The
City contributes $1,213,121 and MDTcontributes $2,227,879.
o Negotiated Agreement: Based on the projected operating cost for FY 201 1/12 of
$3,177,000, the City would contribute $1,213,121 and MDT would contribute
$1,979,303. The operating cost for FY 201 1/12 decreased due to the elimination of
Commission Memorandum - South Beach Local ILA
October 19,201 1
Page 3 of 3
service between midnight and 1 :00 a.m. The City agreed to maintain the same level of
annual funding because the County had agreed to maintain the same 13 minute
headways during peak hours, continue service to Belle Isle, and maintain the City's
annual funding increase to limit the City's contribution to the Miami-Ft. Lauderdale CPI
Transportation lndex or 3%, whichever is less.
o Changes: The City's contribution has not changed from the current agreement.
Sec. 6.1 Funding: Annual Change to City's Contribution
o Current Agreement: The City's contribution will increase each year based on the South
Florida Transportation Consumer Price lndex or 3%, whichever is less.
o Negotiated Agreement: The City negotiated with MDT to an annual increase or
decrease that will be the lesser of the Miami-Ft. Lauderdale CPI Transportation lndex or
three percent (3%).
o Changes: The South Florida Transportation Consumer Price lndex no longer exists.
The new agreement is using the MiamkFt. Lauderdale CPI Transportation In&x.
CONCLUSION
The Administration recommends approving the Resolution.
Attachment:
SBL Interlocal Agreement
T:MGENDA\2011\10-19-1 I\SBL ILA Memo 10201 1 .doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND ClTY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN
MIAMI-DADE COUNTY AND THE ClTY OF MIAMI BEACH FOR THE
CONTINUED PROVISION OF A BI-DIRECTIONAL TRANSIT CIRCULATOR
ROUTE SERVICE KNOWN AS THE "SOUTH BEACH LOCAL".
WHEREAS, on June 8, 2005, the City Commission adopted Resolution No. 2005-25934,
which authorized the execution of an Inter-local Agreement (ILA) with Miami-Dade County
(County) for the operation of a bi-directional transit circulator route service in Miami Beach to be
known as the "South Beach Local" (SBL); and
WHEREAS, service commenced on September 25, 2005 and the SBL replaced both the
City's Electrowave Shuttle Service and Miami-Dade Transit's (MDT) Route W; and
WHEREAS, MDT has provided an expanded level of service at significantly less cost to the
City, as a result of the City and County combining and coordinating transit resources instead of
competing for the same ridership; and
WHEREAS, the partnership allows the City to comply with the requirement of the People's -,
Transportation Plan (PTP) Surtax to expend a minimum 20% of the City's PTP share on transit
purposes to the County; and
WHEREAS, the ILA expired on October 11, 2010, but MDT has continued to provide service
under the same terms and conditions; and
WHEREAS, MDT initially wanted to have the City contribute 50% of the annual operating
cost, while the current distribution is approximately 35% City and 65% County; and
WHEREAS, the County wanted to increase the headways during peak hours, eliminate the
City's 3% annual increase limits, and eliminate the Belle Isle service; and
WHEREAS, after prolonged negotiations, the City and MDT agreed to terms for a new
lnterlocal Agreement; and
WHEREAS, the City will maintain the current level of contribution of $1,213,121 per year;
maintain the current headways of 13 minutes during the peak hours; continue service to Belle
Isle; maintain the City's contribution to the annual net operating cost increase to the Miami-Ft.
Lauderdale CPI Transportation Index or 3%, whichever is less; and eliminate service between
midnight and 1:00 a.m. due to low ridership.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 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 an lnterlocal Agreement between Miami-
Dade County and the City for the continued provision of a bi-directional transit circulator route
service known as the "South Beach Local1'.
PASSED AND ADOPTED this day of 201 1.
ATTEST:
ClTY CLERK
T:\AGENDA\2011\10-19-11\SBL ILA Reso 10-201 1 .doc
APPROVED AS TO
FORM & LANGUAGE
& FOH EXECUTION
41 7
lnterlocal Agreement
between
Miami-Dade County and the City of Miami Beach
for the Provision of
A Transit Circulator Route Service in South Beach
to be Known as the SOUTH BEACH LOCAL
This is an lnterlocal Agreement, made and entered into the day of
, 201 1, by and between Miami-Dade County, a political subdivision of the
State of Florida, hereinafter referred to as "the County", and the City of Miami Beach, a
municipal corporation of the State of Florida, hereinafter referred to as "the City".
WITNESSETH:
WHEREAS, the County operates the South Beach Local as a two-way circular
transit service to the eastern and western areas of South Beach; and
- -
WHEREAS, both the City and the County wish to have the County continue to
operate the circulator route service in South Beach, to be known as "The South Beach
Local" and
WHEREAS, the South Beach Local provides transit service to connect
commercial and recreational activity centers with the high density residential
neighborhoods and tourist activities in South Beach, and would provide the advantages
of small buses with short headways and low-cost fares to attract riders who would
otherwise contribute to traffic congestion and parking shortages by driving; and
WHEREAS, the South Beach Local combines the transit resources of the
County's consolidated routes to provide a circulator which maximizes service to the
community, while eliminating service duplication and waste of public resources.
NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions,
promises, covenants and payments hereinafter set forth, the County and the City agree
as follows:
ARTICLE I
DEFINITIONS
1 .I "ADA" shall mean the Americans with Disabilities Act of 1990, as amended.
1.2 "Contractor" shall mean any entity, public or private, providing public transit
services or contributing to the provision of the services described in this
Agreement under contract to the County.
1.3 "The County" shall include Miami-Dade County, the Miami-Dade Transit, the
Miami-Dade Consumer Services Department, and authorized representatives
thereof.
1.4 "The City" shall mean the City of Miami Beach and authorized representatives
thereof.
1.5 "MDT" shall mean the Miami-Dade Transit and authorized representatives
thereof.
1.6 "USDOT shall refer to the U.S. Department of Transportation, its rules and
regulations, and representatives thereof.
1.7 "Fare" for shuttle service shall mean the individual transportation fee paid by
public transit passengers, in accordance with this Agreement.
1.8 "Line-up(s)ll shall refer to the event(s) when new schedules or service is -.
implemented by MDT in accordance with the CBA, as said term is defined in
Subsection 1.9 below.
1.9 "CBA" shall mean Collective Bargaining Agreement between the Miami-Dade
County and the Transport Workers Union Local 291.
1 .I 0 "TWU" shall mean Transport Workers Union Local 291.
1.11 "The South Beach Local" shall mean a Bi-Directional Transit Circulator Route
Service in South Beach, operating diesel minibuses.
1 .I2 "TOS" shall mean a Transit Operation Supervisor (TOS) who will be assigned to
the zone where the South Beach Local bus service will be provided; a TOS will
monitor the South Beach Local bus service on the field level.
ARTICLE 2
GENERAL REQUIREMENTS
2.1 Com~liance with Applicable Laws and Regulations. The City and the County and
their contractors, if any, shall comply with all existing and future laws, statutes,
ordinances, codes, rules, regulations, CBA and procedural requirements,
whether federal, state, or local, which are applicable to, or in any manner affect,
the provision of the South Beach Local service. The County shall be responsible
for ensuring compliance of its employees, contractors, agents, or assigns with all
applicable County, State, and federal requirements, including, but not limited to,
all safety, mechanical, and vehicular standards mandated by appropriate laws,
regulations, ordinances, and documents and complying therewith.
2.2 Vehicles. All vehicles utilized to provide the South Beach Local service shall be
owned and maintained by the County and shall be part of the MDT fleet. The
vehicles shall comply with all safety, mechanical, and vehicular standards
mandated by any applicable County, State, and federal requirements including,
but not limited to, all safety, mechanical, and vehicular standards. The vehicles
shall be maintained in conformance with manufacturer's specifications, MDT
standards, and in compliance with applicable federal funding requirements.
2.2.1 Vehicles shall be painted or decaled in distinctive livery, such as the
special logos, colors and designs shown in Exhibit A. The logo of the
South Beach Local service shall be displayed on the vehicles along with
the logo or other branding being used by the County. The vehicles in this
livery shall be used only for the South Beach Local service. In
circumstances when the special-liveried buses are not available for
service, standard Metrobus minibuses may be used.
2.2.2 All vehicles will be equipped with Automatic Passenger Counters (APC).
All vehicles will be equipped with on-board surveillance equipment (voice
and video) and automated vehicle locator (AVL) systems.
2.2.3 In the event that this Agreement is terminated prior to the useful life of the
vehicles, as specified in Federal regulations, MDT shall reimburse FTA the
depreciated value of the four (4) vehicles purchased with FTA funds that
the City received as either a direct recipient or a pass through from MDT
and that were transferred to the County. Any money remaining after the
disposal of the buses and reimbursement to FTA shall be provided to the
City. The vehicles purchased by the County shall remain part of the MDT
service fleet and can be repainted or redecaled to conform to standard
Metrobus livery then in effect.
2.2.4 In the event that this Agreement is terminated, the County agrees to allow
the City to purchase additional diesel minibuses from its bus procurement
contract and at the sole option of the City.
2.3 Compliance with Procurement Requirements. The County and the City agree to
comply with applicable federal and state procurement requirements, as may be
amended from time to time, when entering into contracts with third parties to fulfill
the obligations under this Agreement.
2.4 Drug-free Workplace and test in^. In accordance with the Code of Miami-Dade
County, the County, and its contractors, if any, shall continue to maintain a drug-
free workplace program including pre-employment drug testing and other
periodic drug testing for all persons holding safety-sensitive positions, as defined
by USDOT, related to transit operations. Effective upon execution of the
Agreement, the County shall require that its employees and contractors, if
applicable, comply with all applicable requirements of the USDOT regulations for
drug and alcohol testing. To the extent that any terms in this Agreement are
inconsistent with the USDOT regulation, the requirements of the USDOT shall
control.
2.5 Countv Representative. The County will enhance service supervision for the
South Beach Local service by assigning a Transit Operation Supervisor (TOS) to
the zone where the service will be provided; a TOS will monitor the South Beach
Local route service on the field level. The Director or his Designee shall act as a
contact person for the City Representative. Customer service will be provided
through the County's 31 1 system.
2.6 Citv Representative. The City Manager or his designee shall act as liaison to the
County's staff and notify the County thereof. The City shall promptly notify the
County of any changes.
2.7 Public Coordination. The County and City Representatives shall present
proposed modifications to the alignment, schedule and fare of the South Beach
Local service to the City of Miami Beach Transportation and Parking Committee
(TPC). In addition, the County Representative shall provide to the TPC biannual
presentations on the overall performance and quality of service of the South
Beach Local service that shall include ridership data and trends, supporting data
for Service Standards, and any other data reasonably requested by the City.
2.8 Amendments or modifications. Unless provided otherwise elsewhere in this
Agreement, amendments and modifications to this Agreement must be in writing
and shall require the signatures of the County Mayor and the City Manager, or
their designees, subject to authorization by their respective Board and
Commission. Notwithstanding the foregoing, amendments to this Agreement
regarding alignments, schedules, and fares, as described in Section 2-150 (c) of
the Miami-Dade County Code, may be approved by the County Mayor and the
City Manager, or their designees, subject to authorization by the City
Commission.
ARTICLE 3
THE SOUTH BEACH LOCAL SERVICE
3.1 Provision of the South Beach Local Service. The County shall provide the South
Beach Local service within the southern portion of the City of Miami Beach at the
locations and according to routes as contained in Exhibit B and schedules
contained in Exhibit C. Any changes to Exhibits B or C shall be consistent with
Chapter 31 of the Code of Miami-Dade County and be effective only upon the
written consent of the County Mayor and the City Manager, or their designees,.
Exhibit C defines the level of service that is required under this Agreement. The
County will provide sufficient resources, including, but not limited to, buses and
drivers, to maintain this level of service.
3.2 Fares. The fare for the South Beach Local service shall be twenty five cents
($0.25). Any proposed changes to the regular fare of $0.25 will be presented to
the City's TPC and must be approved by the City and County Commissions.
Qualified passengers shall pay no fare. MDT Easy Cards and Tickets, or
identification entitling a passenger shall be accepted to enable passengers to
ride the South Beach Local service without paying any additional fare. The South
Beach Local service operators shall charge fares as appropriate and in
compliance with County Code and applicable laws, rules and regulations.
Operators will accept Easy Cards, Easy Tickets, or cash. Transfers were
discontinued in 2009, therefore, there is no transfer fare.
3.3 Connection and Coordination with Reaular Metrobus Routes. The South Beach
Local service shall enable passengers to connect with other County Metrobus
routes at points where the routes intersect, merge, or diverge. The South Beach
Local service operating schedules shall be coordinated with County Metrobus
service to the extent possible.
3.4 The South Beach Local Service Shown on Countv Bus Schedules and Maps.
The County shall include the South Beach Local service on the County's Transit
Map. Such inclusion shall commence with the regular publication of the County's
Transit Map. The County shall also provide information on the South Beach Local
service through MDT1s routine and customary public information dissemination
processes, including its transit information telephone service and on the transit
web site.
3.5 Issuance of the South Beach Local Service Schedules. The County shall make
available to its Metrobus, Metrorail, and Metromover passengers and potential
passengers maps and schedules of the South Beach Local service. Such maps
and schedules shall display the logo, "South Beach Local", and County branding.
3.6 Bus Passenqer Shelters and Benches. The City or its contractor shall install and
maintain the bus passenger shelters and/or benches at all of the South Beach
Local bus stops where site conditions allow. Where shelters cannot be installed,
the City or its contractor shall install and maintain bus passenger benches. The
County shall provide, install, and maintain bus stop signs and sign posts at
Shuttle stops along route of the South Beach Local service. The City agrees that
it will be the responsibility of the City to comply with all ADA regulations with
regards to accessibility to and from bus passenger stops and bus shelters.
3.7 Service Quality Standards. The County shall abide by its Service Standards and
the Service Quality Standards provided by the City for the South Beach Local
service and hereby attached as Exhibit D.
3.8 Selection of Drivers. Drivers will pick this route in accordance with the Collective
Bargaining Agreement (CBA).
3.9 Bus Driver Traininq. Bus driver training material will include information on the
South Beach Local service and the unique nature of the South Beach
community. When bus drivers are hired, the County shall conduct Customer
Senlice Excellence Training (Exhibit E) and is encouraged to conduct an
Ambassador Training (Exhibit F) for bus drivers and Transit Operations
Supervisors (TOS) and make courteous service part of Bus Operators and TOS
performance evaluation. The South Beach Local route map will include the
location of South Beach destinations so that bus drivers will be able to answer
such requests from passengers. Refresher training will be conducted as required
by CBA.
3.10 Reports. The County shall provide the City Representative a quarterly report of
performance that shall include ridership data and trends, supporting data for
Service Standards, and any other data reasonably requested by the City.
The County shall provide an annual performance report to the City. Annual
reports shall be submitted in May of each year and shall include ridership data
and trends, supporting data for Service Standards, and any other data
reasonably requested by the City.
The County shall provide in March of each year the projected operating costs for
the South Beach Local service for the next fiscal year. The County shall provide
finalized costs in July of each year for consideration by the City Commission as
part of the City's annual budget preparation process.
Pursuant to Federal Transit Administration funding requirements, the County
shall provide the following information to the City on an annual basis:
1. Equal Employment Opportunity complaints related to employees that
operate the South Beach Local and their resolutions.
2. Annual maintenance records for Optima buses 6341, 6342, 6343, and
6344. Records must include the mileage of the buses at time of
preventative maintenance.
3. Maintenance records for ADA accessibility repairs to Optima buses 6341,
6342,6343, and 6344.
4. Notification to the City upon receipt of applications for ADA certifications
for the South Beach service area, including approvals, denials, and
appeals.
5. ADA complaints related to the SBL and their resolutions.
6. Copies of submitted annual calendar year Management Information
System (MIS) reports for MDT, subrecipients, contractors, subcontractors,
and lessees summarizing drug and alcohol test results forms.
7. Documentation of notifications to the South Beach service area regarding
the public's rights under the Title VI of the Civil Rights Act of 1964.
8. Documentation on service equity complaints related to the SBL.
3.1 1 Citv Commission Action. Any South Beach Local service - related items that
require consideration and approval by the City Commission shall be submitted in
writing by the County to the City Representative no later than sixty (60) days prior
to the specified Commission Meeting date. Examples of such items are the
proposed annual operating budget and any County-proposed amendments and
modifications to this Agreement.
3.12 Route Evaluation. MDT shall analyze the route to determine if it meets MDT
Service Standards. MDT shall make the appropriate modifications to ensure the
South Beach Local is meeting the Service Standards in Section 3.7 of this
Agreement. MDT shall coordinate these modifications with the City
Representative.
3.13 Transit Operation Supervisor (TOS) and Customer Service Staff. The County will
provide appropriate TOS and Customer Service staff to take care of all
complaints and concerns sent directly to the County or the City. The County
representative will be available to the City during regular business hours.
ARTICLE 4
INSURANCE
The parties hereto acknowledge that both the County and the City are self-
insured governmental entities subject to the limitations of Section 768.28, Florida
Statutes. The County and the City shall maintain a fiscally sound and prudent
risk management program with regard to its obligations under this Agreement in
accordance with the provision of Section 768.28, Florida Statutes The County
and the City shall collect and keep on file documentation of insurance of any and
all contractors contracted to provide and service or product used in conjunction
with the operation of the South Beach Local service in any way. The County
shall further require all contractors to include the City as a named insured and
shall provide the City with a copy of the insurance policy purchased by any
contractor prior to the commencement of the South Beach Local service.
ARTICLE 5
INDEMNIFICATION
5.1 In the event the County contracts for transportation services authorized by this
Agreement, the contractor shall, in its contract with the County, be required to
indemnify and hold harmless the County and the City, and their officers, agents,
employees and instrumentalities from any and all liability, claims, liabilities,
losses, and causes of action, including attorneys' fees and costs of defense
which the County and the City, andlor their respective officers, employees,
agents and instrumentalities may incur as a result of claims, demands, suits,
causes of actions or proceedings of any kind or nature arising out of, or relating
to or resulting from the provision of transportation services by the contractor
andlor its officers, employees, agents or independent contractors. The contractor
shall be required to pay all claims and losses in connection therewith, and shall
investigate and defend all claims, suits or actions of any kind or nature in the
name of the County and the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments and attorneys' fees which may
issue thereon. The County shall require that the contract between and the
County and the contractor include a provision which states that the contractor
expressly understands and agrees that any insurance protection required by this
agreement or otherwise provided by the contractor shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the County and
the City andlor their respective officers, employees, agents or instrumentalities
as herein provided. Nothing herein shall be deemed to indemnify the County
and the City from any liability or claim arising out of the negligent performance of
the County and the City, andlor their respective officers, employees, agents or
instrumentalities or any other related third party.
5.2 In the event the City contracts for bus passenger shelters and benches, in
conjunction with the provision of service as detailed in this Agreement, the
contractor shall, in its contract with the City, be required to indemnify and hold
harmless the County and the City, andlor their respective officers, agents,
employees and instrumentalities from any and all liability, claims, liabilities,
losses, and causes of action, including attorneys' fees and costs of defense
which the County and the City, andlor their respective officers, employees,
agents and instrumentalities may incur as a result of claims, demands, suits,
causes of actions or proceedings of any kind or nature arising out of, or relating
to or resulting from the provision of transportation services by the contractor
andlor its officers, employees, agents or independent contractors. The
contractor shall be required to pay all claims and losses in connection therewith,
and shall investigate and defend all claims, suits or actions of any kind or nature
in the name of the County and the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments and attorneys' fees which may
issue thereon. The City shall require that the contract between and the County
and the City and the contractor include a provision which states that the
contractor expressly understands and agrees that any insurance protection
required by this agreement or otherwise provided by the contractor shall in no
way limit the responsibility to indemnify, keep and save harmless and defend the
County and the City and/or their respective officers, employees, agents or
instrumentalities as herein provided. Nothing herein shall be deemed to
indemnify the County and the City from any liability or claim arising out of the
negligent performance of the County and the City, and/or their respective
officers, employees, agents or instrumentalities or any other related third party.
ARTICLE 6
FINANCIAL ASSISTANCE
6.1 Fundinq. The City shall pay to the County a portion of the South Beach Local
Service. The payment shall be made on a quarterly basis, within thirty (30) days
of the City receiving an appropriate invoice from the County. The amount of the
payment shall be one fourth (114th) of the agreed annual City share, unless
otherwise agreed upon by the parties.
The City's share for the operating cost for Fiscal Year 201 1-12 will be $1,213,
121. Said amount will be prorated in the event services are provided for less than
a full year. In subsequent fiscal years, the annual increase or decrease will be
the lesser of the Miami-Ft. Lauderdale CPI Transportation Index or three percent
(3%).
It is the sole responsibility of the City of Miami Beach to determine the
source of and dollar amount per source of funds to comprise the total contribution
to the County for the provision of the South Beach Local service as required in
this Agreement.
6.2 Operating Expenditure Reports. The County shall prepare and provide to the City
Representative quarterly reports of operating expenditures incurred by the South
Beach Local service.
ARTICLE 7
TERMS, MODIFICATIONS AND MISCELLANEOUS PROVISIONS
7.1 Term of Anreement. This Agreement shall become effective upon approval of
the Board of County Commissioners and the City Commission of the City of
Miami Beach and the execution by the County Mayor and the City Manager, or
their designees, and shall remain in force indefinitely with a reopener every five
(5) years thereafter. The County and the City, each at their sole discretion,
reserve the right to exercise the option to renew this Agreement. Upon mutual
agreement by both the County and the City to exercise the option to renew this
Agreement, approval from County Mayor, or their designees, and the City
Commission will be obtained.
7.2 Commencement of Service. By specific agreement of the parties, the South
Beach Local service shall continue service operated by Miami-Dade County
using County buses.
7.3 Renegotiation or Modification. Any substantive changes in the level of service to
be provided by the County as set forth herein shall only be implemented after the
County and the City have entered into a written agreement describing the
changed services. As specified in federal regulations, substantive changes in the
level of service must also be presented to the public.
7.4 Title VI and VII Civil Rights Act of 1964. The City, the County, and their
respective Contractors shall not discriminate against any person because of
race, color, sex, religious background, ancestry, or national origin in the
performance of the Agreement. - -
7.5 Termination for Cause. This Agreement may be terminated for cause by either
party. Prior to exercising the option to terminate for cause, the notifying party
shall give the defaulting party written notice of its violation of the particular
term(s) of the Agreement and shall grant the defaulting party thirty (30) days to
cure such default. If such default remains uncured after thirty (30) days, the
notifying party may terminate the Agreement upon no less than one hundred
twenty (120) days written notice to the defaulting party. If the termination
notification is from the City, the notice shall be submitted to MDT four (4) months
in advance of the next service change line-up.
7.5.1 If the County fails to deliver the services and meet the objectives
delineated in this Agreement, and the City terminates the Agreement for
Cause, the County will allow the City to operate the South Beach Local
service as defined herein.
7.6 Termination for Convenience. Notwithstanding Subsection 7.5 above, the County
or the City may terminate this Agreement for convenience upon no less than one
hundred twenty (120) days written notice to the other party. If the City terminates
this Agreement for convenience, the City agrees to reimburse the County on a
prorated basis for financial assistance it is obliged to pay for the South Beach
Local service which the County will continue to operate until the next line-up can
be implemented without the service.
7.6.1 If the City terminates this Agreement for convenience, the County will
allow the City to operate the South Beach Local service, as defined
herein.
7.7 Notices. All notices and other communications required to be remitted pursuant
to this Agreement to either party hereto shall be in writing and shall be delivered
by verified facsimile transmission or certified mail, return receipt requested, to the
parties at the address indicated as follows:
FOR MIAMI-DADE COUNTY:
Miami-Dade Transit
701 N.W. lSt Court, Suite 1700
Miami, FL 331 36
Attention: Director, Miami-Dade Transit
FOR THE CITY OF MIAMI BEACH:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Jorge Gonzalez, City Manager
With copy to:
Fred Beckmann, Director of Public Works
1700 Convention Center Drive
Miami Beach, Florida 331 39
7.8 ComDlete This writing embodies the full and complete
agreement of the parties. No other terms, conditions or modifications shall be
binding upon the parties unless in writing and signed by the parties.
7.9 Execution. This document shall be executed in four (4) counterparts, each of
which shall be deemed an original.
7.1 0 Governing Law and Exclusive Venue. This Agreement shall be governed by,
and construed in accordance with, the laws of the State of Florida, both
substantive and remedial, without regard to principles of conflict of laws. The
exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida, if in state court, and the U.S. District Court,
Southern District of Florida, if in federal court. BY ENTERING INTO THlS
AGREEMENT, THE COUNTY AND THE CITY EXPRESSLY WAIVE ANY
RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THlS AGREEMENT.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their respective and duly authorized officers the day and year first above written.
ATTEST: CITY OF MIAMI BEACH
a Municipal Corporation of
The State of Florida
By: By:
ROBERT PARCHER, CITY CLERK MATTI HERRERA BOWER
MAYOR
ATTEST:
By:
HARVEY RUVIN, CLERK
By:
DEPUTY CLERK
MIAMI-DADE COUNTY
a political subdivision of
The State of Florida.
By:
By Board of County
By:
Carlos A. Gimenez
COUNTY MAYOR
Approved by County Attorney as
to form and legal sufficiency
EXHIBITS
Exhibit "A Special Logos, Colors, and Bus Wrapping Designs
Exhibit "B" Map of the South Beach Local Route
Exhibit "C" Schedule of the South Beach Local Route Service
Exhibit "D" Service Quality Standards
Exhibit "E" Bus Driver Training Bulletin
Exhibit "F" Ambassador Training Program
EXHIBIT "A"
EXHIBIT "C"
SCHEDULE
Bi-Directional Circulator Service to South Beach
Mondays-Fridays
Saturdays
Schedule
07:40 a.m. to 10:OO a.m.
10:OO a.m. to 06:OO p.m.
06:OO p.m. to midnight
07:40 :a.m. to 10:OO a.m.
10:OO a.m. to 06:OO p.m.
06:OO p.m. to midnight
WeekendsIHolidays 10:OO a.m. to 6:00 p.m.
06:OO p.m. to midnight
Headways
20 minutes
13 minutes
20 minutes
20 minutes
13 minutes
20 minutes
13 minutes
20 minutes
Exhibit "D"
SERVICE QUALITY STANDARDS FOR THE SOUTH BEACH LOCAL
1. Provide and maintain a full time Customer Service Representative who will
ensure quality of service for The South Beach Local and will be the MDT contact
person for the City Representative and the City of Miami Beach Transportation
and Parking Committee (TPC).
2. Schedule and maintain, under normal operating conditions, headways of 13
minutes during peak hours, and 20 minutes during off peak hours, or better.
3. Maintain 100% bus availability during all service hours, with a replacement of
breakdown buses within no more than 45 minutes.
4. Conduct quarterly evaluation of service hours in order to meet ridership demands
and efficiency of service.
5. Monitor operations and quality of services on a daily basis.
6. Submit Quarterly and Annual Reports to the City, as required by Section 3.10 of
the South Beach Local Interlocal Agreement, that include the following:
a. On-time performance data
b. Headway adherence data
c. Ridership data by fiscal year, month, week, and day
d. Golden Passport, STS, and Patriot Passport ridership data
e. Ridership data during special events
f. Service complaints received and an explanation on how they were
resolved
g. Safetytaccident reports
h. Road call reports
i. Work orders submitted and completed
The Service Quality Standards above mentioned, shall be made part of a Quarterly
Performance Report to be submitted by Miami-Dade Transit (MDT) to the City
Representative and the Transportation and Parking Committee for review and input.
Exhibit "E"
CUSTOMER SERVICE EXCELLENCE STANDARDS FOR THE SOUTH BEACH
LOCAL
1. Drivers will pick this route in accordance with the CBA contract.
2. Driver Training: When new drivers are hired, the County will conduct Customer
Senlice Excellence Training for bus drivers and make courteous service part of
driver performance evaluation. Refresher training shall be conducted in
accordance with the CBA.
Drivers will be requested to:
a. Greet our transit passengers with a smile at all times.
b. Help passengers with physical difficulties andlor disabilities to get in and
out of the bus.
c. Wait for all passengers to be properly seated prior to moving the bus.
d. Do not skip any bus stop. If there is a full bus load, stop at the bus stop
and inform the waiting passengers that they will have to wait for the next
bus to arrive due to a full bus load.
e. Make a point of waiting a few seconds at the bus stop if you see a nearby
passenger rushing and waiving to catch the bus.
f. Respond to passengers in a courteous manner. The customer is not
always right, but always deserves to be treated with dignity and respect.
g. Provide basic information about the route service andlor connections to
other MDT bus lines, upon request.
h. Provide basic information regarding specific South Beach locationslor
attractions, upon request (Ambassadors Training).
i. Provide accurate and understandable answers to passenger questions
andlor requests.
j. If the driver cannot provide an answer to a transit andlor service-related
question, direct customer to the MDT-designated Customer Service
Representative (phone number) who may have knowledge of the subject
matter and respond to the question.
k. Drivers will dress in attire that is professional, tasteful, appropriate and
consistent with the CBA.
Driver training shall also include the Ambassador Training provided herein as Exhibit
"F."
3. Customer Service Representative: The training listed under Item 2, above, will
also apply to the full-time Customer Service Representative, specifically
designated by MDT for The South Beach Local service.
4. Customer Service Standards:
Telephone:
Telephone will be covered during normal business hours, answering within
the third ring.
Employee will listen and take responsibility for providing an answer andlor
solution to the customer question andlor complaint including lost and found
inquiries.
Request permission from the caller before transferring a call. In case the third
person is unavailable, provide the caller with the name and number of the
person, or ask if the caller wants to leave a message,
Phone messages received will be responded to (if requested) in a timely
manner, even if just to acknowledge receipt. An estimate of time to resolve
the problem will be given if applicable.
Voice mail messages will include employee's full name, working hours, and
an optional phone number for customers to call.
When the employee is away from the office for an extended period of time,
the voice mail message will communicate such absence and offer an option ,
for the caller.
Thank the customer for calling and ask if further assistance is needed prior to
concluding the call.
Written correspondence:
Written correspondence starts with a greeting,
E-mail signatures will include the name, title, department, and contact
number.
Activate the e-mail Out-of-Office Assistance when away from the office for an
extended period of time.
Respond to letters within 10 business days.
Correct spelling and grammar will be used, including accurate name and
address.
Provide complete, accurate, and precise information regarding the inquiries.
Fax cover sheets will be legible and include name, telephone number, and
the name and fax number of the receiver.
Personal Contact:
Respond to customers in a courteous manner ... the customer is not always
right, but always deserves to be treated with respect.
Provide accurate and understandable solutionsloptions to customer requests
or direct the customer to the appropriate person who may have knowledge in
the subject matter.
Average or maximum wait time without an appointment should be no longer
than 30 minutes or scheduled for a mutually convenient time.
Monitoring our Standards:
Our customer service team will oversee all customer service standards.
If drivers andlor Customer Service Representative fail to meet customer
service standards, MDT, MBTMA, and City will implement an action plan to
improve service.
We will listen and do all we can to resolve issues.
For questions and/or concerns, contact the Answer Center at 305-604-CITY.
5. In addition, County will develop the City Representative and the Transportation
and Parking Committee performance measurements based on the above-
mentioned Customer Service Excellence Standards.
Exhibit "F"
AMBASSADOR TRAINING PROGRAM
The following is made part of the Customer Service Excellence training program for the
bus operators and other service providers for The South Beach Local in accordance
with the CBA:
1. It is essential that all trainees understand that we do not consider them bus
operators - but, Ambassadors of Miami Beach to residents and visitors alike.
Role playing skits are utilized to educate and illustrate the exceptional customer
service that is expected.
2. Conduct site inspections of nine major attractions in South Beach:
Botanical Garden
Holocaust Museum
Chamber Visitor Centers
Art CenterISouth Florida
Bass Museum
WolfsonianIFI U
Art Deco Museum & Welcome Center
Jewish Museum
At each location they are met by a representative who gives the Ambassadors a
tour, explains the background of their venue and answers questions. The
museums invite the trainees and a guest to come back another time for a longer
visit, if so desired by the trainees.
Note: this training will have to be provided after the line-up pick, after working
hours and in OT.
3. The site inspection is done as they drive the Bi-Directional Circulator route so the
Ambassadors know exactly where each venue is located in relation to the route.
There are also 15 points of interest along the route that the Ambassadors are
required to remember:
Convention Center
OPA
City HallIHistoric City Hall
Police Department
Lincoln Road
South Pointe Park
The Regal Cinema
Post Office
Public Library
Colony Theater
Miami Beach Marina
Boardwalk Access
New World Symphony
South Shore Hospital
4. They are given a brief history on the founding and development of Miami Beach.
Other "Helpful Hints" are also offered like: Halls C & D of the Convention Center
are on Convention Center Drive, and Halls A & B on Washington Avenue.
5. This is necessary even if buses have automatic announcing systems. The Route
Manager reviews this with the Ambassadors to ensure they are in compliance.
Twice a week the Transit Operation Supervisor (TOS) will ride the South Beach
Transit Circulator buses to observe the Ambassadors adherence to these rules,
retention of historical and geographical information, as well as friendly, polite and
educated service.
City of Miami Beach
Department of Public Works
Time & Distribution Card
DIVISION: 0427 NAME: FROM: 091261201 1
ID: 018469 ESTEVEZ, Elizabeth TO: 1010212011
I certify that the above
Supervisor's Signature information is correct Employee's Signature
2
S
-
-
-
-
-
-
-
-
-
-
-
-
Payroll 1 pilo Week 1
1
S
-
-
-
-
-
-
-
30
F
-
-
2
-
-1-
-2-
29
T
-
4
-
-
-31-
-12-
88888-
27
T
3.5
2.5
2
-
-
-
-
-
26
4
2
2
-
-
-
-
-
28
W
-
1
3.5
3.5
-
-
TOTALM
7.5
9.5
9.5
3.5
4
3
1
2
40
Budget
Floater -------
Vacation
Sick
Birthday
PP
Legal Holiday
Utlllty Request- Research 9 locat~ons, look
for CAD dwgs for D Fernandez
Works
GIs - Updat~ng Water database w~th as-
bullts lnformatlon (firellnes)
Water Pressure Test - 1300 Daytonla Road
Ut111ty Request- 804 Ocean Dnve, AT&T
Locate mast arms & perm fxtures at 9
~ntersectlons for D Fernandez
Prepare Chlor~natlon map for October and
Transmlttd
Survey-FPL Easement @ F~re Statlon #2
Hours Total
ACCOUNT
427.0427.0001 1 1
427.0427.000120
JO/WO#
427.0427.000121
427.0427.0001 22
427.0427.000 123
427.0427.000124
427.0427.0001 1 1
427.0427.0001 1 1
427-0427.0001 1 1
427.0427.0001 1 1
427.0427.0001 1 1
427.0427.0001 1 1
427.0427.0001 1 1
427.0427.0001 11
427.0427.0001 1 1
427.0427.0001 1 1
427.0427.0001 1 1
427.0427.0001 1 1
427.0427.0001 11
427.0427.0001 1 1
427.0427.0001 1 1
MOO37
MOO39
MOO41
~0034
~0037
PO042
A0008
FF'LFue sta
Easement
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Approving And Authorizing The Mayor And The City Clerk To Grant A Utility Easement To
Florida Power And Light At The Fire Station 2 Building "A Administration Building For The Installation And
Maintenance Of Conduit And A Transformer That Will Serve The Building.
Key Intended Outcome Supported:
Ensure Well-Designed, Quality Capital Projects
I Supporting Data (Surveys, Environmental Scan, etc.):
The 2009 Communitv Satisfaction Survey noted that 75.7% of Mid-Beach & Islands respondents reported I
the effort put forth tiy the City of ~ia4 Beach on historic preservation is "about the right amount",
compared to 77.1 % for all respondents Citywide.
Issue:
Shall the City Commission adopt the Resolution?
During the renovation, restoration and addition of the Administration Building at Fire Station 2, FPL
determined that a new transformer and associated electrical conduits were needed. FPL requires that an
easement be granted authorizing it to construct and maintain these facilities.
Since the original service to the building was not up to code and did not have sufficient electrical service
capacity, it was decided to place the new service transformer and conduit along a more efficient route that
is shorter and avoids having to affect the Right of Way along Dade Boulevard. This will benefit both the City
and FPL.
1 The Administration recommends approving the resolution I
Advisory Board Recommendation:
Financial Information: Not applicable, no funding required.
2
1, OBPl Total 4 3
Financial Impact Summary:
I source of 1 I Amount I Account I Funds:
City Clerk's Office Legislative Tracking:
~ichard Saltrick x6565
Approved I
I I I
1 I
Sian-Offs:
MIAMIBEACH
@ 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. Gonzaleq City Manage
DATE: October 19, 201 1
SUBJECT: A RESOLUTION OF THE MAYOR AMITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
THE CITY CLERK TO GRANT A UTILITY EASEMENT TO FLORIDA POWER
AND LIGHT AT THE FIRE STATION 2 BUILDING "A" ADMINISTRATION
BUILDING FORTHE INSTALLATIONAND MAINTENANCEOF CONDUIT AND
A TRANSFORMER THAT WILL SERVETHE BUILDING.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the resolution
FUNDING
No funding is required to record the easement.
ANALYSIS
On April 29, 2010, ITB No. 26-09/10 was issued for the renovation and restoration of the
combined Historical Fire Station No. 2 and Hose Tower Projects. The pre-bid conference
was held on May4,201O and facility walk-throughs were held on May 12 and May20,2010.
Bids were opened on June 8, 2010 and on June 28, 2010; a Technical Review Panel
convened, evaluated, and ranked the bidders. The Technical Review Panel unanimously
recommended to the City Manager that the low bidder, Edgewater Construction Group, Inc.
(EWC) be awarded the contract.
At the July 14,2010 City Commission Meeting, the Mayor and City Commission authorized
the award of a contract to EWC, in the amount of $1,627,762.74 for the renovation and
restoration of the Historical Fire Station No. 2 and Hose Tower, as recommended by the City
Manager.
The City issued Notice To Proceed No. 1 on September 15,2010, authorizing EWC to begin
pre-construction activities. The City issued Notice To Proceed No. 2 on October 25, 2010,
authorizing EWC to begin construction. The Fire Station project is on schedule for
completion by the December 30, 201 1 due date.
During the renovation, restoration and addition of the Administration Building at Fire Station
2, Florida Power and Light (FPL) determined that a new transformer and associated
electrical conduits were needed. FPL requires that the City grants an easement to FPL
authorizing FPL to construct and maintain these facilities.
Historical Fire Station 2 Building A, administration Building-FPL easement
October 19,2011
Page 2 of 2
This will benefit the City and FPL. The CIP Office had a survey prepared (attached) that
describes the easement to be recorded per FPL requirements.
CONCLUSION
The Administration recommends that the Mayor and City Commission grant the easement to FPL
in order to provide power to the Administration Building at theHistorical Fire Station No. 2
Attachment
Sketch and Legal Description of Proposed Easement
T:\AGENDA\2011\10-19-11\Fire Station 2 FPL Easemmts\Fire station 2 FPL Easements. memo.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND THE CITY CLERK TO GRANT A UTILITY
EASEMENT TO FLORIDA POWER AND LIGHT AT FIRE STATION
NO. 2 (BUILDING "A" ADMINISTRATION BUILDING) FOR THE
INSTALLATION AND MAINTENANCE OF A CONDUIT AND A
TRANSFORMER THAT WILL SERVE THE BUILDING.
WHEREAS, on April 29, 2010, ITB No. 26-09/10 was issued for the renovation and
restoration of the combined Historical Fire Station No. 2 and Hose Tower Projects; and
WHEREAS, the City issued Notice to Proceed No. 1 on September 15, 201 0, and Notice
to Proceed No. 2 on October 25, 2010, authorizing the contractor to begin construction; and
WHEREAS, FPL has determined that a new transformer and conduit are needed in
order to meet electrical needs and provide adequate electrical service to the facilities; and
WHEREAS, FPL requires that the City grant it a utility easement, running from an
existing FPL service line to the northwest corner of the building, in order to maintain service
access to the new transformer and electric conduits; and
WHEREAS, the area of the proposed easement is approximately 2,876 square feet and
will contain a new transformer and conduit running from Pine Tree Drive to two locations at Fire
Station No. 2.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to grant a utility easement
to Florida Power and Light at Fire Station No. 2 (Building "A Administration building) for the
installation and maintenance of conduit and a transformer that will serve the building.
PASSED AND ADOPTED this day of ,2011.
ATTEST:
ROBERT H. PARCHER, CITY CLERK MATTI HERRERA BOWER, MAYOR
T:\AGENDAPOI 1\10-19-1 l\Fire Station 2 FPL Easements\Fire station 2 FpL easements Reso.doc APPROVED AS TO
FORM & LANGUAGE
& FOH EXECUTION
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Approving And Authorizing The Mayor And The City Clerk To Grant A Utility Easement
To Florida Power And Light At The Sunset Harbor Parking Garage And Retail Project For The
Installation And Maintenance Of Underground Conduit That Will Serve Building.
Key Intended Outcome Supported: I Improve Parking Availability
Supporting Data (Surveys, Environmental Scan, etc.):
Only 21% of residents and 28% of businesses rate the availability of parking in Miami Beach as being
the right amount.
.----.
Shall the City Commission approve the Resolution?
During the design phase of the Sunset Harbor Parking Garage Project, the City in conjunction with the
developerlowner of the retail portion of the project included a project allowance to underground the
existing overhead FPL service on Bay Road. FPL requires that an easement be granted authorizing it
to construct and maintain these facilities.
This upgrade will benefit the City and FPL. The attached sketch and legal description will be recorded
as part of the FPL easement.
The Administration recommends approving the resolution.
Advisory Board Recommendation:
Financial Information: Not applicable, no funding required.
I Source of I Amount I Account Approved I
I Financial Impact Summary:
Funds:
City Clerk's Office Legislative Tracking:
Rich ard Saltrick x6565
I
2
3
4
MIAM BEACH
OBPl Total
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 19, 201 1 6
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND THE ClTY CLERK TO GRANT A UTILITY EASEMENT TO
FLORIDA POWER AND LIGHT AT THE SUNSET HARBOR PARKING
GARAGE AND RETAIL PROJECT FOR THE INSTALLATION AND
MAINTENANCE OF UNDERGROUND CONDUIT THAT WILL SERVE THE
BUILDING.
ADMINISTRATION RECOMMENDATION
The administration recommends approving the resolution.
No funding is required to record the easement.
ANALYSIS
On July 13, 201 0, the City issued Invitation to Bid No. 40-0911 0 for the construction of
the Sunset Harbor Parking Garage and Retail Project (the ITB) with an opening date of
August 20, 201 0.
After considering the review and recommendation of the Administrative Review Panel,
the City Manager recommended that the Mayor and City Commission authorize the
Mayor and City Clerk to execute an agreement with Boran Craig Barber Engel
Construction Company, Inc. (BCBE), at the not-to-exceed amount of $9,267,566 for the
construction of the Project, plus approve a project contingency in the amount of
$926,756.60 (for a grand total of $1 0,194,311.60).
The City issued Notice to Proceed No. 1 on January 21, 201 1, authorizing BCBE to
begin pre-construction activities. The City issued Notice To Proceed No. 2 on March 15,
201 1, authorizing BCBE to begin construction.
Subsequent to the issuance of the Notice To Proceed No. 1, the City in conjunction with
the developerlowner of the retail portion of the project, requested that the overhead
Sunset Harbor Parking Garage & Retail Project - FPL easement
October 19,201 1
Page 2 of 2
Florida Power & Light (FPL) service be undergrounded on Bay Road. FPL requires that
the City grants a utility easement, authorizing to construct and maintain these facilities.
This will benefit the City and FPL. The CIP Office had a survey prepared (attached) that
describes the easement to be recorded per FPL requirements.
CONCLUSION
The Administration recommends that the Mayor and City Commission grant the easement to
FPL in order to provide power to the Sunset Harbor Parking Garage and Retail Project.
Attachment
Sketch and legal description of proposed easement
DRB/FHB/RWS/AS
T:\AGENDA\201 l\October 1 S\Consent\Sunset Harbor Parking Garage - FPL easement MEMO.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND THE CITY CLERK TO GRANT A UTILITY
EASEMENT TO FLORIDA POWER AND LIGHT AT THE SUNSET
HARBOR PARKING GARAGE AND RETAIL PROJECT FOR THE
INSTALLATION AND MAINTENANCE OF AN UNDERGROUND
CONDUIT THAT WILL SERVE THE BUILDING.
WHEREAS, on July 13, 2010, ITB No. 40-09110 was issued for the construction of the
Sunset Harbor Parking Garage and Retail Project; and
WHEREAS, the City issued Notice to Proceed No. 1 on January 21, 201 1, and Notice to
Proceed No. 2 on March 15, 201 1, authorizing the contractor to begin construction; and
WHEREAS, the City requested that the overhead Florida Power & Light (FPL) service
be undergrounded on Bay Road; and -
WHEREAS, FPL requires that the City grant it an underground utility easement,
authorizing it to construct and maintain these facilities; and
WHEREAS, the area of the proposed easement is approximately 1,716 square feet, and
will contain a new conduit in order to provide adequate underground electrical service to the
facility.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to grant a utility easement
to Florida Power and Light at the Sunset Harbor Parking Garage and Retail Project for the
installation and maintenance of an underground conduit that will serve the building.
PASSED AND ADOPTED this day of ,2011.
ATTEST:
ROBERT H. PARCHER, CITY CLERK MATTI HERRERA BOWER, MAYOR
T:\AGENDA\2011\10-19-1 l\Sunset Harbor Garage - FPL Easement.Reso.docx
APPROVED AS TO
FORM & LANGUAGE
LEGAL DESCRIPTION: 6' Wide Florida Power & Light Company Easement
The East six 6 feet of Lots 1 and 2, Less the North four (4) feet of said Lot 2, Block 14-A,
ISLAND VIEW A M ITION, according to the plat thereof, as recorded in Plat Book 9 at Page 144,
and together with the East six (6) feet of Lots 5 through 8, Block 14, THE ALTON BEACH
REALTY COMPANY'S PLAT OF ISLAND VIEW SUBDIVISION, according to the plat thereof, as recorded
In Plat Book 6 at Page 115, both being recorded in the Public Records of Miami-Dade County,
Florida.
The above described perimeterical boundary lying below elevation +4.0 feet, relative to the
National Geodetic Vert~cal Datum of 1929.
SURVEYOR'S NOTES:
- This site lies in Section 33, Township 53 South, Range 42 East, City of Miami Beach,
Miami-Dade County, Florida.
- Lands shown hereon were not abstracted for restrictions, easements and/or rights-of-way of
records.
- Bearin s hereon are referred to an assumed value of ~0o=00'00"\H for the East right of way
line o! Purdy Avenue.
- This is not a "Boundary Surveyn but only a graphic depiction of the description
shown hereon.
- Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch 62009-065.
SURVEYOR'S CERTIFICATION:
I hereb certify that this "Sketch of Description" was made under my re$ onsible charge on
septemier 8, 2011, and meets the a p!icaMe codes as set forth in the krida Mmin~strative
Code, pursuant to Section 472.027, ~bnda Statutes.
"Not valid without t ture and the original raised
seal of a Florida Surveyor and Mappern
20th STREET
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I-
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GRAPHIC SCALE
1 inch = 80 it
COMMISSION ITEM SUMMARY
Condensed Title:
I A Resolution Of The Mayor And City Commission Accepting The Recommendation Of The City Manager Pertaining To I
The Ranking Of ~roposals pursuant To Request For ~roposals (RFP) No. 44-1 011 1, For The operation of snack vending
Machine Concessions At Various City-Owned Properties And Facilities; Authorizing The Administration To Enter Into
Negotiations With The Top-Ranked Proposer, Bettoli Trading Corp D/B/A Bettoli Vending; And Should The Administration
Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposer, Authorizing Negotiations With The
Second-Ranked Proposer, Apex Vending Inc.; Further Authorizing The Mayor And City Clerk To Execute An Agreement
Upon Conclusion Of Successful Negotiations By The Administration.
Key Intended Outcome Supported:
Increase resident satisfaction with level of services and facilities.
Supporting Data (Surveys, Environmental Scan, etc.): Approximately 40% of retail businesses surveyed, rank
Miami Beach as one of the best places to do business and 61% of the same group would recommend Miami Beach as a I place to do business. I I
Issue: I Shall the Mayor and the City Commission Accept The Resolution? I
Item SummarylRecommendation:
On Julv 13.201 1. the Mavor and Citv Commission a~~roved the issuance of Reauest for Pro~osals (RFPI No. 44-1 011 1, 1 . ,
for the operation'of snaik vending hachine concession at various city-o~ned'~ro~erties and faciities.'The RFP was
issued on August 5, 201 1, with an original opening date of September 7, 201 1. Two (2) addenda were issued. A pre-
proposal conference to provide information to the proposers submitting a response was held on August 17,201 1. BidNet
issued bid notices to 27 prospective proposers, BidSync (formerly known as RFP Depot) issued bid notices to 1,199
prospective proposers of which 10 viewed the notice, and 26 proposers were notified via e-mail and fax circulation, which
resulted in the receipt of five (5) proposals. On August 30, 201 1, the City Manager, via Letter to Commission (LTC) No.
21 8-201 1, appointed an Evaluation Committee ("the Committee") which convened on October 4, 201 1.
On October 4,201 1, the Committee convened and a quorum was attained. The Committee members were provided with
Performance Evaluation Surveys and additional information provided by the responsive proposers. The Committee
members were also provided with presentations from the proposers. The Committee discussed their individual perceptions
of the proposer's qualifications, experience, price, and competence, and ranked the proposers accordingly.
A motion was presented by Julio Magrisso, seconded by Gary Farmer, and unanimously approved by all Committee
members, recommending that the City enter into negotiation with the top-ranked proposer, Bettoli Trading Corp (d/b/a
Bettoli Vending) and, if negotiations were not successful with the top-ranked proposer, entering into negotiations with the
second ranked proposer, Apex Vending Inc.
I THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION
AGENDA 1TEM c7 s
DATE t 0 -/I)- 1 I
Advisory Board Recommendation:
On September 15, 201 0, the Finance and Citywide Project Committee recommended to retain Brothers Vending on a
month-to-month contract, after the expiration of the third and final option term which was expiring on October 31, 201 0,
until such time that the City developed and issued a competitive process for the broader sponsorship program, for an
"official beverage sponsor." The City official beverage sponsor and the sponsorship will not include snack vending, as such
a separate process to select a snack vendor was required.
Financial Information:
Source of Funds:
OBPl
Financial Impact Summary:
City Clerk's Office Legislative Tracking: 1 Gus Lopez and Anna Parekh
1
2
Total
Amount Account Approved
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: October 19, 201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
ClTY MANAGER PERTAINING TO THE RANKING OF PROPOSALS
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 44-10111, FOR
THE OPERATION OF SNACK VENDING MACHINE CONCESSIONS AT
VARIOUS CITY-OWNED PROPERTIES AND FACILITIES; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WlTH THE TOP-
RANKED PROPOSER, BETTOLI TRADING CORP DlBlA BETTOLI VENDING;
AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN
NEGOTIATING AN AGREEMENT WlTH THE TOP-RANKED PROPOSER,
AUTHORIZING NEGOTIATIONS WlTH THE SECOND-RANKED PROPOSER,
APEX VENDING INC.; FURTHER AUTHORIZING THE MAYOR AND
CITYCLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF
SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Increase resident satisfaction with level of services and facilities.
BACKGROUND
On July 27, 2005, the Mayor and the City Commission authorized the Administration to negotiate
and enter into a contract with Brothers Vending for the operation of beverage and snack vending
machines at various locations on City-owned properties and facilities. The initial contract term was
for two (2) years commencing November 1, 2005 and expiring October 31, 2007 with three (3)
additional one (1) year renewal options, that were all exercised.
On January 13, 2010, the City approved an agreement with the Superlative Group to proceed with
Phase two of a citywide marketinglcorporate sponsorship program. On September 15, 2010, the
Finance and Citywide Project Committee recommended to retain Brothers Vending on a month-to-
month contract, after the expiration of the third and final option term which was expiring on October
31, 2010, until such time that the City developed and issued a competitive process for the broader
sponsorship program, for an "official beverage sponsor." At the July 13, 201 1 Commission meeting,
the City Commission approved an exclusive non-alcoholic beverage sponsorship agreement with
Coca Cola Refreshments. The sponsorship agreement does not include snack vending. As the
previous beverage and snack machine vending contract was operating on a month-to-month basis, it
was recommended that the City Commission authorize an RFP for a snack vending contract so that
the City employees, the public and visitors to City-owned properties and facilities may continue to
enjoy the convenience of purchasing snacks from vending machines located on the premises of
City-owned properties and facilities. As such, on July 13, 201 1, the Mayor and City Commission also
Commission Memorandum - RFP#44-10-11 Snack Vending Machines
October 19, 201 1
Page 2
approved the issuance of Request for Proposals (RFP) No. 44-10111, for the operation of snack
vending machine concessions at various City-owned properties and facilities.
RFP No. 44-1011 1 was issued on August 5, 201 1, with an original opening date of September 7,
2011. Two (2) addenda were issued. A pre-proposal conference to provide information to the
proposers submitting a response was held on August 17, 201 1.
ANALYSIS
The intent of this RFP is to award an exclusive snack vending machine concession agreement for
the location of snack vending machines on City of Miami Beach property. The concession
agreement will provide for the installation and maintenance of snack vending machine equipment at
the sole cost of the successful proposerlConcessionaire.
BidNet issued bid notices to 27 prospective proposers, BidSync (formerly known as RFP Depot)
issued bid notices to 1,199 prospective proposers of which 10 viewed the notice, and 26 proposers
were notified via e-mail and fax circulation, which resulted in the receipt of the following five (5)
proposals:
1. American Vending Co.
2. Apex Vending Inc
3. Best National Vending, Inc
4. Bettoli trading Corp d/b/a Bettoli Vending
5. Mici Vending
On August 30, 201 1, the City Manager via Letter to Commission (LTC) No. 218-201 1, appointed an
Evaluation Committee ("the Committee") consisting of the following individuals:
Julio Magrisso, Assistant Director, Parks and Recreation Department;
Gary Farmer, Cultural Affairs Program Manager, Tourism & Cultural Development
Department;
Suzanne Hollander, Leasing Specialist, Office of Real Estate, Housing & Community
Development;
Droma Gringarten, Resident and Leadership Academy Graduate;
Chandrell Larkin, Miami Beach Senior High Assistant Principal; and
Alternate
Sue Radig, Human Resources Administrator I and Humana Liaison.
On October 4, 2011, the Committee convened and a quorum was attained. The Committee
members were provided with Performance Evaluation Surveys and additional information provided
by the responsive proposers. The Committee members were also provided with presentations from
the proposers. The following Evaluation Criteria was used to evaluate and rank the proposers:
Evaluation Criteria:
Experience, Financial Qualifications and Professional Reputation
Operational Concept for the Concessions
Commitment of Equipment and/or Capital Expenditures
Quality and Variety of Proposed Products
Pricing to the Public
Fees to be Paid to the City
Total:
Weinht
25 points
10 points
10 points
15 points
20 points
20 points
100 points
Commission Memorandum - RFPW44-10-11 Snack Vending Machines
October 79, 207 7
Page 3
The Committee discussed their individual perceptions of the proposer's qualifications, experience,
price, and competence, and ranked the proposers accordingly.
FINAL RANKINGS
A motion was presented by Julio Magrisso, seconded by Gary Farmer, and unanimously approved -
by all Committee members recommending that the City enter into negotiations with the top-ranked
proposer, Bettoli Trading Corp. (d/b/a Bettoli Vending) and, if negotiations were not successful with
the top-ranked proposer, entering into negotiations with the second ranked proposer, Apex Vending,
I nc.
The Committee also discussed the request made by MlCl Vending regarding the possibility of
issuing a separate award for the provision of ice cream vending services. In particular, MlCl
expressed concern that if only permitted as a subcontract under the snack vendor, if at any given
time during the duration of the snack vending agreement the snack vending provider were to be in
default, it will also make the ice cream provider in default and at risk of losing this subcontract. The
Committee also heard the Office of Real Estate, Housing & Community Development's
recommendation of making only one (1) award for snack vending, which could include a subcontract
for ice cream vending services. As a result, the Committee recommended introducing language in
the selected snack vendor's contract that would allow the Administration to evaluate and maintain
any ice cream vending services that may be provided through a subcontractor, at the City's sole
discretion, should the snack vending provider be found in default at any point during the contract.
BETTOLI TRADING CORP D/B/A BETTOLI VENDING
Bettoli Vending operates out of a 16,000+ Sq. Ft. warehouse, registered with the USDA and located
in Miami-Dade County. Bettoli Vending carries hundreds of consumable products labels to maintain
a rotational variety and provide an excellent customer experience. Betolli Vending is proposing to
subcontract the ice cream services to Advance Ice cream Vending.
Bettoli Vending currently operates 12 full time vending routes within the tri-county area, a full time
technician truck, a truck equipped for moving vending equipment or to assist the technician, and a
spare truck to ensure continuous service.
Bettoli is an active member of NAMA (National Automatic Merchandiser Association) and AMAF
(Automatic Merchandiser Association of Florida). Bettoli is a family operated business which can be
flexible to the complexities of government institutions; this includes emergency response programs
to service primary necessities facilities, like an emergency management office after catastrophes
occur. Betolli Vending has provided services to Miami-Dade County Public Schools, Miami-Dade
County Public Schools Hospitality Department, The Palace Nursing, City of Sweet Water, Simon
Commission Memorandum - RFP#44-10-11 Snack Vending Machines
October 19, 201 1
Page 4
Malls, and Regents Park of Boca.
The City of Miami Beach will benefit from contracting Bettoli Vending thanks to the direct supplier
channels that they have been able to acquire. Some of these distribution channels are General Mills,
Coca-Cola, PepsiCo, Frito Lay, Kellogg's, Nestle North America, Nesquik USA and Crane
Merchandising Systems. This allows them to provide fresh product, guarantee rotation and ensure
compliance with the "Public Health Security and Bioterrorism Preparedness and Response Act of
2002". Bettoli Vending has Kosher Selections available since they have the experience of working
with Strict Kosher-only establishments, such as the famous Saxony Hotel.
For more than ten years, Bettoli Vending has been servicing clients all over Monroe, Miami-Dade,
Broward, and Palm Beach Counties. Bettoli has played a significant role in achieving healthy
vending programs. One of their major projects includes the implementation of a Healthy Snack
Program and Healthy Beverage Program in all 41 High Schools of the Miami-Dade County Public
Schools. If approved, Bettoli Vending proposes introducing the Fit Pick Program in the city, with
marketing support at the machines to include customer awareness of healthy choices. During 2010,
1,215 organizations registered for the Fit Pick Program and the program has been implemented in
162 government agencies, such as the State of Tennessee and Mississippi as well as branches of
the military (Army and Air Force).
Bettoli Vending has invested in certifying its staff by the National Automatic Merchandiser
Associations (NAMA) and has staff that is Route Driver Certified, Vending Technician Certified,
Journeyman Technician Certified, Certified Executive, Quality Coffee Certified, and Certified Coffee
Specialist.
The installation process is to be completed in one week for standard installations. After the
equipment is installed, it would be scheduled for service based on the traffic demands. To ensure
proper stocking levels, locations such as City Hall and Youth Centers would begin with three (3)
services per week. Other location will vary between one or two services per week. Continuous
supervision will be in place and services will be accommodated as needed to ensure that each
location is properly clean, filled and working. The service technician scheduled is assigned with a
goal of 90% of any service calls being address within four (4) business hours and guaranteed within
24 hrs. All Bettoli Vending Employees have an extensive background check; the entire staff meets
the Jessica Lunsford Act, and Homeland Security Department guidelines.
Betolli Vending's Cost Proposal, list of locations and products being proposed have been
included in Appendix "A".
Vendina Eauipment
All equipment installed under this concession agreement shall be new or remanufactured in
excellent condition prior to installation. The City may also request vandal proof and weatherproof
machines be provided at certain outdoor City parks.
All snack vending machines must be equipped with coin mechanisms accepting any combination of
nickels, dimes and quarters. The Concessionaire must supply a dollar bill changer at each interior
location where two or more vending machines are situated. Concessionaire shall identify if credit
card snack vending machines are being proposed. Each machine must be equipped with a
transaction counter, or other control acceptable to the City, and must be licensed as provided in the
"Permits" section below.
An initial list of locations at which snack vending machines shall be located was provided as part of
the RFP. Written approval shall be obtained from the City Manager or the City Manager's designee
prior to the installation, transfer or removal of any snack vending machines.
Commission Memorandum - RFP#44-10-11 Snack Vending Machines
October 19, 201 I
Page 5
Utilities
Electrical service, including outlets, shall be furnished by the City at the vending locations at no cost
to the Concessionaire. NO-water service will be provided by the City in connection with the operation
of snack vending machines under this concession agreement.
Maintenance
The Concessionaire shall be responsible for all maintenance and repair of snack vending machines
as follows:
Cleaning and polishing of equipment and removal of litter within vending area created by
filling and/or servicing of machines. The Concessionaire shall provide route drivers time to
thoroughly clean each machine as it is replenished. This includes cleaning with a sanitizing
solution the interior and exterior of each machine.
Routine - all equipment shall be checked weekly and a record of service calls are to be
maintained and forwarded to the City. In addition, a financial report shall be provided to the
City monthly.
Each machine must have posted the name and telephone number of the service, repair and
refund facility, immediately adjacent to the coin slot, of a size no less than 4 x 6".The
Concessionaire shall maintain all equipment in good working order and shall repair, or -
replace any equipment not repairable, within two business days.
Refunds
The Concessionaire is to provide a "bank of $100 in cash which shall be provided to the City of
Miami Beach City Hall cashier, who will distribute refunds due to mechanical malfunctions of the
vending machines. An itemized refund list, including the names of the persons the funds were
refunded to, will be maintained by the City Hall cashier and submitted to the Concessionaire upon
requested replenishment of the funds.
Pricing and availabilitv of services
The services as outlined herein shall be offered to the public on a daily basis at all times that a
reasonable commercial demand for such services exist, as determined by the City. All initial prices
for products must be approved by the City. Any subsequent changes must be submitted in writing to
the City Manager or designee, and written approval must be secured before implementing changes.
The City Manager or his designee may request services at additional locations or request additional
products for vending equipment on City property. The Concessionaire may, at its sole cost and
expense, test market these additional services for a sixty day period. If the Concessionaire
demonstrates to the City's satisfaction that the commercial demand does not exist for the additional
services, the Concessionaire will not be obligated to continue the additional services.
Standards for relsorts
The Concessionaire will prepare true and complete records and accounts of all gross receipts for
each contract year in accordance with generally accepted accounting principles consistently
followed, and report formats shall be subject to the approval of the City's Internal Auditor. Written
recommendations by the Internal Auditor for changes in accounting practices, reporting or controls
will be complied with by the Concessionaire. The term "gross receipts" as used herein, shall mean
all monies paid into the Concessionaire's vending machines, for sales related to this concession.
Shortages
All cash shortages, regardless of the reason, are to be absorbed by the Concessionaire and are not
to be deducted from gross receipts.
Commission Memorandum - RFP#44-10-11 Snack Vending Machines
October 19, 201 1
Page 6
Annual report
The Concessionaire will submit an annual CPA Certified Statement of Gross Receipts to the City
within sixty days after the end of each twelve-month fiscal year. Such Certified Statement will
include an opinion by the CPA as to the accuracy of the Concessionaire's Gross Receipts as defined
by the concession agreement.
Facilities/premises
The Attachment "Initially Authorized Locations" lists sites where snack vending machines may be
placed under this agreement. The Concessionaire accepts the current locations of snack vending
machines and space provided in their as-is condition and is responsible for any interior modifications
and maintenance which may be necessary, including security doors, windows and screens.
The Concessionaire must first obtain the City's written approval of any alteration of the physical
facilities and then must pay for such modifications, which become City assets upon expiration of the
agreement, unless the City decides not to retain said asset, at which time Concessionaire shall
remove same at its sole cost and expense.
Advertising and signs
Any and all advertising, signage, and postings shall be approved by the City Manager or his
designee and must comply with the requirements of the City's Planning Department and all other
applicable regulatory agencies.
Compliance with laws, licensina and permit requirements
The Concessionaire shall comply with all rules, regulations, laws, and permitting requirements of the
City of Miami Beach, Miami-Dade County, the State of Florida, and the U.S. Government now in
force or hereafter to be adopted.
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 with
the top-ranked proposer, Bettoli Trading Corp. (d/b/a Bettoli Vending); and should the Administration
not be successful in negotiating an agreement with the top-ranked proposer, authorizing
negotiations with the second-ranked proposer, Apex Vending Inc; and further authorizing the Mayor
and City Clerk to execute an agreement upon conclusion of successful negotiations by the
Administration.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach,
Florida accept the recommendation of the City Manager pertaining to the ranking of prdposals
pursuant to Request for Proposals (RFP) No. 44-1011 1, for the operation of snack vending machine
concessions at various City-owned properties and facilities; authorize the Administration to enter into
negotiations with Bettoli Trading Corp. (d/b/a Bettoli Vending); and should the Administration not be
successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with
the second-ranked proposer, Apex Vending Inc; and further authorizing the Mayor and City Clerk to
execute an agreement upon conclusion of successful negotiations by the Administration.
T:\AGENDA\2011 \I 0-1 9-1 l\RFP-44-10-11 -Snack Vending - Memo.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ClTY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO
REQUEST FOR PROPOSALS (RFP) NO. 44-10111, FORTHE OPERATION OF
SNACK VENDING MACHINE CONCESSIONS AT VARIOUS CITY-OWNED
PROPERTIES AND FACILITIES; AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WlTH THE TOP-RANKED PROPOSER, BElTOLl
TRADING CORP DlBlA BETTOLI VENDING; AND SHOULD THE
ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT
WlTH THE TOP-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WlTH
THE SECOND-RANKED PROPOSER, APEX VENDING INC.; FURTHER
AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE AN AGREEMENT
UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
WHEREAS, on July 13, 201 1, the Mayor and City Commission approved the
issuance of Request for Proposals (RFP) No. 44-1011 1, for the operation of snack vending
machine concession at various City-owned properties and facilities (the RFP); and
WHEREAS, the RFP was issued on August 5, 201 1, with an original opening date of
September 7,201 1 and two (2) addenda were issued; and
WHEREAS, a pre-proposal conference to provide information to the proposers
submitting a response was held on August 17,201 1 ; and
WHEREAS, BidNet issued bid notices to 27 prospective proposers, BidSync
(formerly known as RFP Depot) issued bid notices to 1,199 prospective proposers of which
10 viewed the notice, and 26 proposers were notified via e-mail and fax circulation, which
resulted in the receipt of five (5) proposals; and
WHEREAS, on August 30, 201 1, the City Manager via Letter to Commission (LTC)
No. 21 8-201 1, appointed an Evaluation Committee (the Committee) consisting of the
following individuals:
Julio Magrisso, Assistant Director, Parks and Recreation Department;
Gary Farmer, Cultural Affairs Program Manager, Tourism & Cultural
Development Department;
* Suzanne Hollander, Leasing Specialist, Office of Real Estate, Housing &
Community Development;
Droma Gringarten, Resident and Leadership Academy Graduate;
Chandrell Larkin, Miami Beach Senior High Assistant Principal; and
Alternate
Sue Radig, Human Resources Administrator I and Humana Liaison; and
WHEREAS, on October 4, 201 1, the Evaluation Committee members convened and
were provided with Performance Evaluation Surveys, additional information, and with
presentations from the responsive proposers; and
WHEREAS, the Committee unanimously recommended entering into negotiation with
the top-ranked proposer, Bettoli Trading Corp d/b/a Bettoli Vending and if negotiations were
not successful with the top-ranked proposers, entering into negotiations with the second
ranked proposers, Apex Vending Inc.; and
WHEREAS, the City Manager has reviewed and concurs with the Evaluation
Committee's recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager, pursuant to Request
for Proposals (RFP) No. 44-1011 1, for the operation of snack vending machine concessions
at various City-owned properties and facilities; authorize the Administration to enter into
negotiations with Bettoli Trading Corp d/b/a Bettoli Vending; and should the Administration
not be successful in negotiating an agreement with the top-ranked proposer, authorize
negotiations with the second-ranked proposer, Apex Vending Inc; and further authorize the
Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations
by the Administration.
PASSED AND ADOPTED THIS DAY OF 201 1.
ATTEST:
CITY CLERK MAYOR
T:\AGENDA\2011\10-19-11\RFP-44-10-11 Snack Vending - RESO.doc
APPROVED AS TO
FORM & LANGUAGE
a FOR~ECU710N
Snack Machine 0 1 1 1 1 1 1 4 1 1 1 1 1 0 2 1 1 2 0 1 22 100%Milk Machine 0 0 0 0 0 0 0 1 1 0 0 0 0 0 1 0 0 1 0 1 5 Locations 13th Street Garage 1701 Meridian Ave 17th Street Garage 42nd Street Garage 7th Street Garage City Hall City Hall Parking Garage Convention Center Flamingo Park Greenspace ~vlanagement Yard Historic City Hall Miami Beach Police Station Miami Beach Police Station Garage Normandy Shore Pool North Shore Youth Center Parks & Recreation Public Works Operations Center Scott Rakow Youth Center Scott Rakow Youth Center Ice Skating South Point Park Sub-total Existing Beverage Machine 1 1 2 1 1 5 2 3 2 1 1 5 1 1 5 1 1 2 0 2 Icecream Machine 1 1 1 0 0 1 0 1 1 0 0 1 0 1 1 1 0 1 0 1 12 Combo Machine 1 0 0 0 0 1 0 0 0 0 0 1 0 1 0 0 0 0 1 0 5 Creditcard readers Ic sc s Ic s SMI s c SI c 16
Possible Future locations NW Corner of Washington and 9th (Enclosure Needed) SW corner of Collins and 13th street (Enclosure Needed) Foyer of Building on 533 Collins Ave. Lobby in buildings at 150 Alton Rd. and 200 Alton Rd. Lobby of 833 6th street Muss Park 4621 Collins Ave. 5301 Collins Ave. Marjory Stoneman Douglas Ocean Beach Park Lumus Park on 6th street restrooms (Enclosure Needed) Lumus Park on 10th street restrooms (Enclosure Needed) Lumus Park on 14th street restrooms(Enclosure Needed) 21st street Parking lot Restro~ms 3501 Collins parking lot restrooms 63rd and Collins parking lot restrooms Possible Future Sub-total Possible Grand Total Snack Machine 0 0 0 1 1 1 1 1 1 0 0 0 1 1 1 9 31 Combo Machine 1 1 1 0 0 0 0 0 0 1 1 1 0 0 0 6 11 Credit Card readers Ic Ic Ic s Ic Ic Ic 13 29 100% Milk Machine 0 0 0 0 1 0 0 0 1 0 0 0 0 0 0 2 7 Ice Cream Machine 1 1 1 0 0 0 1 1 0 1 1 1 0 0 0 8 20
This document lists products that meet the Fit Pick criteria. To make the list, a product must have no more than 35% of its calories from fat, no more than 10% of its calories from saturated fat and no more than 35% of its total weight from sugar. Nuts and seeds are exempt from total & saturated fat. Dried fruit is exempt from sugar by weight as long as it contains no added sugar. Items that are considered "exempt" are noted. Please check product labels and use only single-serving sizes. We expect this list to grow as more Fit Pick items are identified. 31311201 1 Manufacturer BARE FRUIT BUZZSTRONG'S ul PEPPERIDGE FARM CLlF BAR CRUNCH 'N' MUNCH DALE 8 THOMAS DOLE DON MiGUEL FARLEY'S 8 SAThERS
313112011 Manufacturer FRITO-LAY GENERAL MILLS
31311201~ Manufacturer HERR FOODS HORMEL KAR'S
3/31/2011 Manufacturer KELLOGG'S KRAFT
31311201 1 Manufacturer P Q, LANDSHIRE, INC CO Mr. NATURE Mrs. Freshley's Musselrnan's NEW! OTIS SPUNKMEYER NEW!
31311201 1 Manufacturer POORE BROTHERS POPZ POPCORN, IMDIANA Pretzel Poppers PUREFIT PURNELL'S QUAKER
31311201 1 Manufacturer SMARTFOOD SNYDER'S of HANOVER STACY'S STONEYFIELD FARM SUGAR FOODS THE SNACK FACTORY WELCH'S WISE
31311201 1 Manufacturer NAMA has endeavored to make these materials as accurate as possible, but has relied on the information supplied to it by third parties. NAMA cannot therefore be responsible for inaccuracies or incorrect information in the list and users are urged to contact the supplier providing the information for confirmation. TO DETERMINE IF YOUR PRODUCT MEETS THE 35-10-35 NUTRITION STANDARDS, FOLLOW THESE SIMPLE STEPS: 1. NOT MORE THAN 35% FAT: Looking at your product's nutrition label, take the number of calories from fat (not the number of grams) and divide that number by the total number of calories in the product. On the nutrition label, calories from fat is listed next to the total calories for the product. EXAMPLE: if the NAMA Big Bar has 350 calories and 50 of those calories are from fat, divide 50 by 350 and you will get .14 or 14% fat. Since 14% meets the requirement of less than 35% fat, the NAMA Big Bar is doing well. CalTTotal Cal from Fat Brand 2. NOT MORE THAN 10% SATURATED FAT: Return to your product's nutrition label and look for saturated fat. If this number is only available in grams, take the number of grams and multiply it by 9. (There are 9 calories in each gram of fat.) Take the number of calories from saturated fat and divide it by the total number of calories in the product. EXAMPLE: If the NAMA Big Bar has 2.5g of saturated fat, it has 22.5 calories from saturated fat (2.5 x 9 = 22.5). Dividing 22.5 by 350 total calories (calories listed in step 1) gives us .06 or 6%. Since 6% meets the requirement of less than 10% of the calories coming from saturated fat, the NAMA Big Bar is still doing well. 3. NOT MORE THAN 35% OF TOTAL WEIGHT FROM SUGAR: Check your nutrition label for the weight of your product in grams. Now look farther down the label for the number of sugar grams. Divide the number of grams of sugar by the total number of grams in the product to find the percentage of weight from sugar. EXAMPLE: The NAMA Big Bar is lOOg and it has 24 grams of sugar. Dividing 24 by 100 gives us .24 or 24% of the total weight from sugar. The NAMA Big Bar has passed all three standards and has earned its Fit Pick sticker. Sugar Grams Saturated Fat% Total g Fat Bag Grams Saturated Fat Item Sugar % ofwt Pack Size Sodium m
COMMISSION ITEM SUMMARY
Condensed Title:
I A Resolution authorizing the acceptance of a green buttonwood tree from the Betsy Hotel made to the City in support of the 1 1 Yoko Ono Wish Tree project and authorizingthe installation of said donation and a commemorative plaque in Lummus I
<ey Intended Outcome Supported:
Increase community ratings of cultural activities. I
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey reported more than one-
fifth of all resident respondents feel there are "too few" family friendly activities (24.6%) and cultural activities (24.1%).
Additionally, on average, residents attended 10.61 cultural activities per year and 7.19 family friendly activities per year.
Issue:
I Should the Citv acce~t the donation of a Green Buttonwood tree as art of the Yoko Ono Wish Tree Proiect from the Betsv Hotel? I I
Item SummarylRecommendation:
1 A wish tree is an individual tree, usually distinguished by species, position or appearance, which is used as an object of
wishes and offerings. By tradition, believers make votive offerings in order to gain fulfillment of a wish. Yoko Ono's
interactive artwork WISH TREE (1981) has been integral to many of her exhibitions around the world in museums and
cultural centers where people have been invited to write their personal wishes for peace and tie them to a tree branch.
Since the 1990s the Wish Tree has played a significant part in many of Yoko Ono's exhibitions. Ono's Wish Tree, installed
in the Sculpture Garden of the Museum of Modern Art, New York in July 201 0, has become very popular, with contributions
from all over the world. Her Wish Tree for Washington, DC is in the Hirshhorn Museum and Sculpture Garden. Yoko Ono
has collected all the wishes, currently totaling over a million, and they are housed at the site of the Imagine Peace Tower.
Exhibit A provides photographs of the Wish Tree in other locations for your reference.
The Betsy Hotel approached the City recently to bring the Yoko Ono Wish Tree Project to Miami Beach as a celebration of
diversity by creating a gathering place for people to share their dreams for a better world. The Betsy totel has offered to
donate to the City a Green Buttonwood tree, which will be planted in Lummus Park at approximately 14 Street. The tree is
native to South Florida and performs well in our environment. Installation would be coordinated with the City's Parks and
Recreation Department and the Betsy Hotel's landscape specialist. The B&y Hotel has also met with Parks and
Recreation, who has approved the tree and location. Visitors and residents of the City will be invited to decorate the tree
and write their wishes. Wishes will be collected by the Betsy Hotel and will be sent to the Lennon Peace Tower in Iceland
and saved in perpetuity.
The project will begin on Sleepless Night, November 5, 201 1, and will continue through the holiday season to January 2,
2012. The project will be spearheaded by The Betsy Hotel as part of its 201 1 Season of Gratitude Program, under the
supervision of the Vice President for Philanthropy and the General Manager, and at no cost to the City of Miami
Beach. In conjunction with the donation, the Betsy Hotel would like to also install a plaque recognizing the donation and
project. The plaque will meet the City's standards and specifications.
Advisory Board Recommendation:
NIA
Financial Information:
I Source of Funds: Amount Account I
( Financial Impact Summary: I
I OBPl
City Clerk's Office Legislative Tracking: I Max Sklar, Tourism and Cultural Development Director
11
Total I
AGENDA ITEM C77
DATE 1049-//
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: October 19, 201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF A GREEN
BUTTONWOOD TREE FROM THE BETSY HOTEL MADE TO THE ClTY IN
SUPPORT OF THE YOKO ON0 WISH TREE PROJECT AND AUTHORIZING
THE INSTALLATION OF SAID DONATION AND A COMMEMORATIVE
PLAQUE IN LUMMUS PARK AT 14~~ STREET.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
BACKGROUND
A wish tree is an individual tree, usually distinguished by species, position or appearance, which is
used as an object of wishes and offerings. Such trees are identified as possessing a special spiritual
value. By tradition, believers make votive offerings in order to gain fulfillment of a wish.
Yoko Ono's interactive artwork "WISH TREE" (1981) has been integral to many of her
exhibitions around the world in museums and cultural centers. As part of the artwork, people
have been invited to write their personal wishes for peace and tie them to a tree branch. Since the
19901s, the Wish Tree has played a significant part in many of Yoko Onols exhibitions. Ono's Wish
Tree, installed in the Sculpture Garden of the Museum of Modern Art, New York in July 201 0, has
become very popular, with contributions from all over the world. Her Wish Tree for Washington, DC
is in the Hirshhorn Museum and Sculpture Garden. Yoko Ono has collected all the wishes, currently
totaling over a million, and they are housed at the site of the Imagine Peace Tower. Exhibit A
provides photographs of the Wish Tree in other locations for your reference.
ANALYSIS
The Betsy Hotel approached the City recently to bring the Yoko Ono Wish Tree Project to Miami
Beach as a celebration of diversity, by creating a gathering place for people to share their dreams
for a better world. The Betsy Hotel has offered to donate to the City a Green Buttonwood tree, which
would be planted in Lummus Park at approximately 14~ Street. The tree is native to South Florida
and performs well in our environment. Installation would be coordinated with the City's Parks and
Recreation Department and the Betsy Hotel's landscape specialist. The ~e%y Hotel has also met
with Parks and Recreation, who has approved the tree and location.
Visitors and residents of the City will be invited to decorate the tree and write their wishes. Wishes
will be collected by the Betsy Hotel and will be sent to the Lennon Peace Tower in Iceland and
saved in perpetuity.
The project would begin on Sleepless Night, November 5, 201 1, and will continue through the
holiday season to January 2,201 2. The project would be spearheaded by The Betsy Hotel as part
474
Wish Tree Project Donation
October 19, 201 1
Page 2 of 3
of its 2011 Season of Gratitude Program, under the supervision of the Vice President for
Philanthropy and the General Manager, and at no cost to the City of Miami Beach.
In conjunction with the donation, the Betsy Hotel would like to also install, at its sole cost and
expense, a plaque recognizing the donation and project. The plaque must meet the following City
standards and specifications:
1. Material: 114 inch thick 316 gauge marine grade stainless steel;
2. Font: Futura Standard;
3. Copy (verbiage): Black etched copy with a protective clear coat finish;
4. Beveled edges at a 45 degree angle;
5. Blind installation onto surface with studs and adhesive;
6. The following specifications shall also be applied:
First Line: 48 Points
Second Line: 60 Points BOLD
Third & Fourth Line: 48 Points
Middle Sentence: 36 Points
Final Sentence: 42 Points
7. Size of the plaque to be appropriate to the location -.
CONCLUSION
The Administration recommends the adoption of the attached Resolution authorizing the acceptance
of the donation from the Betsy Hotel made to the city in support of the Yoko Ono Wish Tree Project,
and authorizing the installation of the donated tree, as well as a commemorative plaque, in Lummus
Park at 1 4th Street.
JMGIHMFIMASIGF
T:WGENDA\2011\10-19-1 I\Wish Treet Donation Acceptance Memo.doc
Wish Tree Projecf Donafion
Ocfober 19, 201 1
Page 3 of 3
EXHIBIT A
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF A
DONATED GREEN BUTTONWOOD TREE FROM THE BETSY HOTEL; SAlD
DONATION MADE TO THE ClTY IN SUPPORT OF THE YOKO ON0 WlSH
TREE PROJECT; FURTHER AUTHORIZING THE ClTY MANAGER OR HIS
DESIGNEE TO INSTALL SAlD TREE, WITH A COMMEMORATIVE PLAQUE,
IN LUMMUS PARK, AT 14~" STREET.
WHEREAS, a wish tree is an individual tree, usually distinguished by species, position
or appearance, which is used as an object of wishes and offerings; and
WHEREAS, Yoko Ono's interactive artwork WlSH TREE (1981) has been integral to
many of her exhibitions around the world in museums and cultural centers, where people
have been invited to write their personal wishes for peace and tie them to a tree branch; and -.
WHEREAS, the Betsy Hotel approached the City recently to bring the Yoko Ono Wish
Tree Project to Miami Beach, as a celebration of diversity, by creating a gathering place for
people to share their dreams for a better world, and has offered to donate to the City a Green
Buttonwood tree, which will be planted in Lummus Park, at approximately 14'~ Street; and
WHEREAS, Green Buttonwood trees are native to South Florida and perform well in our
environment, and installation will be coordinated with the City's Parks and Recreation
Department and the Betsy Hotel's landscape specialist; and
WHEREAS, in conjunction with the donation, the Betsy Hotel will also install, at its sole
cost and expense, a plaque recognizing the donation and project, which must meet the City
standards and specifications.
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 authorize the acceptance of a green buttonwood tree from the Betsy Hotel;
said doantion made to the City in support of the Yoko Ono Wish Tree Project; and authorizing
the City Manager or his designee to install said tree, with a commemorative plaque, in Lummus
Park, at 1 4'h 'treet.
PASSED and ADOPTED this day of ,201 1
ATTEST:
MAYOR
APPROVED AS TO
CITY CLERK FORM & LANGUAGE
& FOR EXECUTION
T:\AGENDA\2011\10-19-1 I\Wish Treet Donation Acceptance Reso.doc
THIS PAGE INTENTIONALLY LEFT BLANK
Condensed Title:
I A Resolution approving and authorizing the mayor and city clerk to execute an agreement between the City I
and Strategic ~dvisor~~rou~ (SAG) for consulting services relative to the expansion and enhancement of the Miami
Beach Convention Center campusldistrict, pursuant to RFP No 33-10111 in an amount not to exceed $175,000,
including all reimbursable expenses.
Key Intended Outcome Supported:
Improve the Convention Center Facility
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey indicated that residents
attended events at the convention center 2.7 times per year.
ssue:
Shall the Mayor and City Commission adopt the Resolution? I
tem SummarylRecommendation:
At its March 9, 201 1 meeting, the Mayor and City Commission authorized the Administration to issue a Request for
Proposals (RFP) for Consulting Services Relative to the Expansion and Enhancement of the Miami Beach Convention
Center (MBCC) CampuslDistrict. Request for Proposals (RFP) No. 33-1 011 1 was issued on May 24, 201 1, and notices
sent to over 67 firms, including a list of 21 firms provided by the Tourism and Cultural Arts and Development
Department, and more than 30 firms that are members of the International Economic Development Council.
After considering the review and recommendation of the Evaluation Committee, the City Manager exercised his due
diligence by reviewing all the proposals and supporting documentation, and conducted question and answer sessions
with the top three (3) firms' key personnel. Although all three (3) firms demonstrated excellent experience and
qualifications, Strategic Advisory Group (SAG) was deemed the most qualified firm based on the vast experience as
detailed in the attached Commission Memorandum. On September 14, 201 1, via Resolution No. 201 1-27738, the City
Commission authorized the City Manager to negotiate with Strategic Advisory Group. I A copy of the Professional Services Agreement is attached for your review. I I ADOPT THE RESOLUTION. I I I
Advisory Board Recommendation:
On September 14, 201 1, via Resolution No. 201 1-27738, the City Commission authorized the City Manager to
negotiate with Strategic Advisory Group
Financial Information:
I I
I Financial Impact Summary: I I I
City Clerk's Office Legislative Tracking:
Approved
I Max Sklar. Ext. 61 16 I
Account
City Center RDA
168-1 985-00031 2
OBPl
AGENDA ITEM C7Y
DATE M~?-I/
1
Total
Amount
175,000
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 City Com ysion
FROM: Jorge M. Gonzalez, City Manager
DATE: October 19, 201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MlAMl BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
ClTY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE ClTY OF MlAMl
BEACH ANDSTRATEGIC ADVISORY GROUP (SAG) FOR CONSULTING
SERVICES RELATIVE TO THE EXPANSION AND ENHANCEMENT OF THE
MlAMl BEACH CONVENTION CENTER CAMPUSIDISTRICT, PURSUANT
TO REQUEST FOR PROPOSALS (RFP) NO 33-10111 IN AN AMOUNT NOT TO
EXCEED $175,000, INCLUDING ALL REIMBURSABLE EXPENSES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
Funds are available in the City Center Redevelopment Agency Account Number 168-1 985-000312.
BACKGROUND
Discussions regarding enhancements to the Miami Beach Convention Center (MBCC or the Convention
Center) have been ongoing for almost ten years, dating back to an October 2001 report from Convention
Sports & Leisure (CSL) commissioned by the Greater Miami Convention and Visitors Bureau (GMCVB),
in partnership with the City, which analyzed the status of convention and meeting facilities in Miami-Dade
County, as well the competitive standing of these facilities. The CSL report concluded that, given the
MBCC1s geographic draw, no new facility should be planned elsewhere in Miami-Dade County but,
instead, improvements to MBCC (including a multi-purpose general assemblylbanquet hall) should be
made to increase the marketability of the Convention Center and of the region. In 2004, the Building
Better Communities General Obligation Bonds Program was approved Countywide, and included a total
of $55 million for Convention Center enhancement and expansion. The availability of this funding
prompted further discussion among interested stakeholders (e.g. representatives of the Convention
Center Advisory Board, the Miami Beach Visitors and Convention Authority, the GMCVB, the Greater
Miami and the Beaches Hotel Association, Miami-Dade County, the Convention Center managers [SMG
and now Global Spectrum] and City staff) and subsequent updates to the CSL report.
As a result, at the April 11, 2007 City Commission Meeting, the City Commission passed a motion
supporting a proposed MBCC expansion (to include a ballroom, retrofit of space to accommodate new
meeting rooms, and renovations to the northwest ballroom to create a "junior ballroom"), subject to the
County funding all costs associated with the project, and the County managing the renovations1
construction process.
In April 2008, a new plan of action was agreed upon between the City and County that would have the
City and County, in conjunction with interested stakeholders, develop a long-term vision and Master Plan
for this regional convention center. This Master Plan was intended to look "outside of the box" at
Consultant Services Re Expansion and Enhancement of MBCC CampuslDistrict
Strategic Advisory Group (SAG)
October 19,2011
Page 2 of 6
possibilities to make MBCC competitive in today's convention and meeting business climate. This would
involve looking at existing and potential site amenities, physical renovations to the interior and exterior,
expansion of exhibit space (to include necessary multi-purposelballroom space), technology upgrades,
parking, etc.
MASTER PLAN PROCESS
Needs Assessment
As part of the Master Plan development process, the GMCVB contracted with CSL to conduct a new
study focused on, among other things: identifying current industry trends; competitivelcomparable facility
analysis; existing and projected utilization at the Convention Center; and a market demand analysis. CSL
would also work jointly with a selected architectural firm, and with the stakeholders, in developing a
proposed Master Plan that would incorporate research-driven improvements focused on making the
Convention Center competitive and marketable. The CSL report identified the following needs: Multi-
Purpose/Ballroom Space; Meeting Space; Unique Features (e.g. outdoor terrace); Destination Planning
and Development of a Convention Center District; and Convention Center Headquarters Hotel.
A competitive process was issued for the selection of the Master Plan architect to create a vision for the -
implementation of those needs, and others that might be identified. Arquitectonica was competitively
selected as the Master Plan architect. An appointed Steering Committee established nine (9) goals for
the Master Plan process. Using the information from the CSL report and input from the Steering
Committee, Arquitectonica developed a preliminary Master Plan that recommended several specific
enhancements for the facility, including:
a Re-orient the entrance of the Convention Center to create a new fa~ade with a main entrance
a Add approximately 213,000 square feet of additional exhibit space; a 60,000 square foot multi-
purpose ballroom; a 21,600 square foot junior ballroom; an additional 82,000 square feet of
meeting rooms; and an approximately 1,500 space parking garage structure.
e Add a 100,000-square-foot plaza and add outdoor meeting space (terraces)
e Incorporate into the new facility (and update the existing facility with) the latest technologies;
e Address "massing" issues with architectural designs that terrace the facility
a Add "green" components to the new and existing space (to achieve LEED certification); and
e Identify potential locations for an adjacent Convention Center hotel.
As importantly, based on City Commission direction, Arquitectonica was to work within existing zoning
restrictions for the expansion area. The result was a design that addressed the issues and needs
identified by CSL and the Stakeholders, but did so with a design that compensated for the height
limitations with a building expansion that had sizeable massing.
Master PIan Report
The Master Plan and Final Report was presented to the Steering Committee for its review and
consideration at its February 4, 2011 meeting; the Steering Committee reviewed and endorsed the
Master Plan and the Report. On February 24, 201 1, the Finance and Citywide Projects Committee (the
Finance Committee) met to consider the Master PIan Report (including the option of a Convention Center
hotel). The City Manager, Arquitectonica, CSL and the Washington Economic Group (WEG) presented
the Master Plan; research from CSL1s 2009 strategic facilities analysis, as well as the result of economic
impact findings from CSL and WEG. The Finance Committee recommended to conceptually endorse and
in concept support the renovation and expansion of the Miami Beach Convention Center to address the
needs identified (multi-uselballroom space, more meeting rooms, upgrades to technology, outdoor
venue, etc), including the development of an adjacent Convention Center Hotel. One of the reasons of
the Finance Committee's support of the Plan "in concept" was to ensure that the City still had the
flexibility and discretion to evaluate the project and explore options including, in particular, revisiting the
massing and the design of the project without the constraint of current zoning restrictions in the project
area.
Consultant Services Re Expansion and Enhancement of MBCC CampuslDistrict
Strategic Advisory Group (SAG)
October 19,201 1
Page 3 of 6
The Committee also supported the securing of a Consultant to assist the City in moving forward on the
overall project concept. This Consultant is to conceptualize and recommend ideas and options to
maximize the City's resourceslassets and attract private investments to address identified needs,
including but not limited to, the expansion and enhancement of the Convention Center, and the potential
development of an adjacent Convention Center Hotel. The Consultant would also assist in identifying
potential redevelopment options for public assets in the area surrounding the Convention Center campus
to support the Convention Center project, and potential financing options for the development of the
project(s) and other development concepts, including but not limited to PubliclPrivate Partnerships
(PPP). The Consultant is expected to provide transactional review, including sources of debt and
equity, and is expected to identify creative development and financing structures. Any recommended
financial plan developed by the Consultant is to detail the assumptions used in the recommended
development, and include operating projections that are supported by market research, a financing
plan and project schedule. The Consultant will also recommend development approaches and
construction management and operation methodologies for the project(s) based on best practices.
COMMISSION ACTION
On March 9, 201 1, consistent with the Finance and Citywide Projects Committee's recommendations,
the Mayor and City Commission passed and adopted Resolution No. 201 1-27620, which endorsed and
supported in concept the project to renovate and expand the Miami Beach Convention Center, including
an adjacent Convention Center hotel, but did not approve the proposed master plan concept design. The
Commission also authorized the City Manager to pursue private sector interest in the project, including
potential joint development alternatives, without being constrained by current zoning limitations for the
site or by the current conceptual design. In light of the economic impact of the project, the City
Commission also directed the Administration to explore a broader economic development initiative for
the area utilizing the City's assets to generate the greatest private investment, and maximize
economic development opportunities in the Convention Center area (e.g. commercial, retail, and other
mixed-use opportunities) project. Lastly, the Commission, at its March 9, 2011 meeting, ratified the
Finance Committee's recommendation and authorized the City Manager to issue a competitive process
to secure any consulting expertise required to assist with the project.
During the May 20-21, 201 1, City Commission Retreat, the Commission further discussed and agreed to
look at broader development opportunities in this area beyond the Convention Center concept plan, and
expressed a desire to find ways to address the impact on traffic, mobility and to the surrounding
neighborhoods. There was also a desire to maintain sensitivity for the historic district while maximizing
green space. Based on the potential development opportunities (e.g. approximately 6.1 million s.f. of
FAR), and the potential expansion project cost, it was again determined that assistance from a
Consultant with experience and expertise in similar projects (including similar PPP1s) would be beneficial
in developing the most effective strategy to solicit the right mixed-use development team for the project,
with a goal of ensuring the highest level of private-sector participation, and the best proposed design for
the expansion project to address our Convention Center needs.
At its March 9, 201 1 meeting, the Mayor and City Commission authorized the Administration to issue a
Request for Proposals (RFP) for Consulting Services Relative to the Expansion and Enhancement of the
Miami Beach Convention Center (MBCC) CampuslDistrict. Request for Proposals (RFP) No. 33-1011 1
was issued on May 24, 201 1, and notices sent to over 67 firms, including a list of 21 firms provided by
the Tourism and Cultural Arts and Development Department, and more than 30 firms that are members
of the International Economic Development Council. The result of the aforementioned outreach was the
receipt of seven (7) proposals. An evaluation committee met and evaluated all proposals, and
subsequently recommended three firms based on the lowest aggregate score received: HVS
Convention, Sports & Entertainment Facilities Consulting; HR & A Advisors, Inc.; and Strategic Advisory
Consultant Services Re Expansion and Enhancement of MBCC CampuslDistrict
Strategic Advisory Group (SAG)
October 19,2011
Page 4 of 6
Group (SAG). Although all three (3) firms demonstrated excellent experience and qualifications, Strategic
Advisory Group (SAG) was deemed the most qualified firm based on their experience with similar
projects in Florida and throughout the Country in Convention Center and Convention Center Hotel
Development, public private partnerships, capital structuring, tax-exempt asset financing, tax revenue
projection and bond offering due diligence. SAG has a broad range of experience in overall transaction
management with private sector investment, identifying potential private partners, negotiating
partnerships, executing transactions, monitoring private partner progress, and communicating the
project's costs and benefits (economic impact, jobs, taxes, etc.). On September 14, 201 1, via Resolution
No. 201 1-27738, the City Commission authorized the City Manager to negotiate with Strategic Advisory
Group.
STRATEGIC ADVISORY GROUP (SAG)
SAG was founded in 1998 by a senior management team executive of Ernst & Young's Consulting
Practice and is comprised of professionals with experience ranging from 15 years to over 25 years. This
team of experienced industry veterans have come together to help clients realize their potential, while
maximizing return on investment and enhancing their competitive advantage. Firm professionals held -
senior management positions with Ernst & Young, KPMG, Arthur Andersen, Trammel1 Crow, Opus
South, Marriott International and Starwood Capital. Jeff Sachs and Tom Reifert will both be key
personnel from SAG assigned to this project. Mr. Sachs is a founding partner of SAG with over 20 years
of consultancy experience. Prior to forming SAG, Mr. Sachs held management and practice leadership
positions with Ernst & Young and KPMG Peat Marwick. Mr. Sachs received his Master's and Bachelor's
Degrees from The University of lowa. Mr. Reifert's career includes over 18 years of consultancy
experience and hotel management experience. Prior to joining SAG, Mr. Reifert held management
positions for Marriott International. Mr. Reifert received his Bachelor's degree from lowa State University.
SAG has also provided advisory and development fee services for single asset and mixed-use projects
representing nearly $10 billion in value and 30 million square feet. Their partners have experience in fully
integrated retail and mixed-use development projects, with expertise in the total commercial development
process, ranging from concept creation to closeout and asset management. They have worked as the
master developer on a project or in conjunction with a property owner that is in need of specific expertise.
Scope of Work
A copy of the Professional Services Agreement is attached for your review. Below is a summary of the
scope of services to be performed by SAG.
1) Immersion
Consultant will meet with the City to review the scope of services, and establish overall project goals.
Consultant will also meet with project leadership to conceptualize the development strategy that best
meets the objectives and constraints. As part of this process, Consultant will:
a) Meet with project leadership
b) Tour the convention center
c) Tour the site and discuss available sites for development
d) Tour surrounding area
e) Review the "Needs Assessment and Master Plan"
f) Review other information as appropriate
2) Serve as the City's primary advisor/Consultant
Consultant will serve as the City's primary advisor/Consultant throughout the engagement.
Consultant will:
a) Provide project oversight
b) Assist the City on how to best maximize the City's assets
c) Inform the City on how to potentially generate the maximum private investment
Consultant Sewices Re Expansion and Enhancement of MBCC CampuslDistrict
Strategic Advisory Group (SAG)
October 19,201 1
Page 5 of 6
d) Update the City on the status of the project
e) Facilitate stakeholder meetings with the hotel industry, neighbors and other concerned parties
f) Assist the City with the resolution of any issues that may arise as the project progresses
g) Address other issues as required
3) Draft Mixed-Use Developer RFQ
Consultant understands the City desires to create funding for convention center improvements by
developing the City-owned area surrounding the convention center with commercial uses that create
new revenues to the City. These incremental revenues could be used to fund potential convention
center improvements andlor provide operating funds. The first step to realize the commercial mixed-
use development will be to identify potential development partners through a RFQ process.
Information provided in the RFQ will include, but is not limited, to:
a) Sales-oriented information on the retaillrestaurant, office, for-rent residential, for-sale residential,
and hotel markets
b) Site information
i) Development potential (height restrictions, FAR, maps, aerial photos, etc.)
ii) Adjacent land uses
iii) Existing building information
iv) Others as appropriate
c) Minimum program components
i) HQ hotel
ii) Convention center expansion areas
iii) Other
d) Submittal requirements
i) Experience
ii) Financial background
iii) Proposed program
iv) Master plan concepts
v) AbsorptionIPhasing
vi) Cash flow models
vii) Land purchase proposal (if any)
viii) Tax impacts
ix) Sources of debt and equity
x) Developmentlfunding commitment
xi) Litigation history
xii) References
xiii) Others as appropriate
4) Short-List Development Teams
Once the City has approved the RFQ, Consultant will manage the process to identify short-list
candidates. Specifically, Consultant will:
a) Identify potential developerslteams on a local, national and international level to contact regarding
the project.
b) Mail the RFQ to all potential developerslteams identified. Post the opportunity on Internet bid
sites and advertise as required under Florida law.
c) Conduct follow-up phone calls with key potential developerslteams to make certain they receive
and understand the opportunity.
d) Be available for site visits as requested.
e) Coordinate a pre-proposal meeting to discuss the RFQ and answer any questions potential
developerslteams may have.
f) Respond to questions related to the RFQ.
g) Evaluate the responses to the RFQ, including: providing advice on the process of evaluation and
selection, checking proposal references and reviewing the reported success of other projects
completed by the proposers. In addition, Consultant will perform due diligence procedures on
Consultant Services Re Expansion and Enhancement of MBCC CampuslDistrict
Strategic Advisory Group (SAG)
October 19,2011
Page 6 of 6
revenue and expense projections, cost estimates, financing plan, and capital sources. Consultant
will summarize, the salient points of each proposal in a matrix.
h) Recommend a short-list of candidates to be interviewed.
5) Assist in the Selection of the Development Team
a) Consultant will update the comparison matrix to address information learned during the RFQ
process.
b) Consultant will coordinate the interview process of the short-listed candidates. Consultant will
actively participate in the interviews, providing expertise and advice to the City as needed and
desired. Consultant will also submit a list if questions that should be asked to each proposer.
c) Consultant will assist with the final selection of the developerlteam and formulate and provide its
recommendations to City Council and any other Council committees and sub-committees as
required.
6) Negotiate Contract with Selected Developerrream
Once a development team is selected, Consultant will work with and assist the City and its legal team
with negotiations, drafting and finalizing the formal agreements. Consultant will provide advice and
consultation throughout the process. Consultant will be available for conference calls, will review and
suggest revisions to the legal documents, and will ensure the spirit of the RFQ process is
encompassed in the legal documents.
7) Create Convention Center Improvement Financial Plan
a) Based on the selected development team proposal, development approach and phasing timeline,
Consultant will project the revenues anticipated to be generated from the private development
over a 30-year period.
b) Consultant will calculate the bonding capacity of the revenue streams, assuming various credit
scenarios. This may include a phased approach with multiple bond issuances over time that
utilize revenues to the public sector as each phase of the private development is developed over
time.
c) Consultant will align the bonding capacity with the needs identified in Step 3.
d) Consultant will summarize the convention center improvements and funding plan in a written
document and Powerpoint presentation.
8) Ongoing Tasks
a) Consultant will provide periodic reports as requested by the City.
b) Consultant will assist in other duties as they relate to this engagement and remain available
throughout project development to answer questions and provide information and guidance as
requested and needed.
Fee and Project Timelines
Consultant will bill professional fees based on the time spent on the project, multiplied by the hourly
billing rates listed in Attachment A, up to an amount not to exceed $175,000, including all reimbursable
expenses (e.g. travel, supplies, etc). The project timeline is also attached as Exhibit C to the Agreement
(Attachment A). SAG currently anticipates being completed with the scope of services by June, 201 2.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the attached Resolution
which approves and authorizes the Mayor and City Clerk to execute an agreement between the City
and SAG for consulting services relative to the expansion and enhancement of the Miami Beach
Convention Center CampuslDistrict, pursuant to Request for Proposals (RFP) No 33-1011 1 in an amount
not to exceed $175,000, including all reimbursable expenses.
T:\AGENDA\2011 \I 0-1 9-1 1 \SAG Consultant MBCC Memo.docx
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY
OF MlAMl BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND ClTY CLERK TO EXECUTE AN AGREEMENT BETWEEN
THE ClTY OF MIAMI BEACH ANDSTRATEGIC ADVISORY GROUP
(SAG) FOR CONSULTING SERVICES RELATIVE TO THE
EXPANSION AND ENHANCEMENT OF THE MlAMl BEACH
CONVENTION CENTER CAMPUSIDISTRICT, PURSUANT TO
REQUEST FOR PROPOSALS (RFP) NO 33-10111, IN AN AMOUNT NOT
TO EXCEED $175,000, INCLUDING ALL REIMBURSABLE EXPENSES.
WHEREAS, on March 9, 201 1, the Mayor and City Commission adopted Resolution No. 201 1-
27620, which endorsed and supported, in concept, a project to renovate and expand the Miami Beach
Convention Center, including an adjacent Convention Center hotel (the Project); and
WHEREAS, the City Commission also authorized the City Manager to pursue private sector
interest in the Project, including potential joint development alternatives, without being constrained by
current zoning limitations for the site or by the current conceptual design; and
WHEREAS, at its March 9, 2011 meeting, the Mayor and City Commission authorized the
Administration to issue Request for Proposals No. 33-1011 1 for Consulting Services Relative to the
Expansion and Enhancement of the Miami Beach Convention Center (MBCC) CampusIDistrict (the
RFP); and
WHEREAS, on September 14, 201 1, the City Commission passed Resolution No. 201 1-27738,
authorizing the City Manager to negotiation with Strategic Advisory Group, as the recommended
proposer pursuant to the RFP; and
WHEREAS, the Administration negotiated a Professional Services Agreement with Strategic
Advisory Group for consulting services relative to the expansion and enhancement of the Miami Beach
Convention Center CampusIDistrict; the Agreement is attached and incorporated as Exhibit "A hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MlAMl BEACH, FLORIDA, that the Mayor and City Commission hereby approve and
authorize the Mayor and City Clerk to execute an Agreement between the City and Strategic Advisory
Group (SAG) for consulting services relative to the expansion and enhancement of the Miami Beach
Convention Center CampuslDistrict, pursuant to Request For Proposals (RFP) No 33-1011 1, in an
amount not to exceed $1 75,000, including all reimbursable expenses.
PASSED AND ADOPTED THIS DAY OF 201 1.
ATTEST:
CITY CLERK MAYOR AS TO
FORM & LANGUAGE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE ClTY OF MlAMl BEACH
AND
STRATEGIC ADVISORY GROUP
FOR
CONSULTING SERVICES RELATIVE TO THE EXPANSION AND ENHANCEMENT OF THE
MlAMl BEACH CONVENTION CENTER CAMPUSIDISTRICT, PURSUANT TO
REQUEST FOR PROPOSALS (RFP) NO 33-10111
This Professional Services Agreement ("Agreement") is entered into this day of 201 1
(Effective Date), between the ClTY OF MlAMl BEACH, FLORIDA, a municipal corporation organized and
existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive,
Miami Beach, Florida, 33139 ("City"), and STRATEGIC ADVISORY GROUP, a limited liability company
organized under the State of Georgia, whose address is 3848 St. Annes Court, Suite 300
Duluth, GA 30096 (Consultant).
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Consultant, including any exhibits and
amendments thereto.
City Manager: The chief administrative officer of the City.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Consultant performed or undertaken pursuant to
the Agreement.
Fee: Amount paid to the Consultant as compensation for Services.
Proposal Documents: Proposal Documents shall mean City of Miami Beach Request for Proposals (RFP)
No. 33-1011 I for Consulting Services Relative To The Expansion and Enhancement
of the Miami Beach Convention Center CampuslDistrict, Together with all
amendments thereto, issued by the City in contemplation of this Agreement (the
RFP), and the Consultant's proposal in response thereto (Proposal), all of which are
hereby incorporated and made a part hereof; provided, however, that in the event of
an express conflict between the Proposal Documents and this Agreement, the
following order of precedent shall prevail: this Agreement; the RFP; and the Proposal.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third
Floor, Miami Beach, Florida 33139: telephone number (305) 673-7000, Ext. 6435:
and fax number (305) 673-7023.
SECTION 2
SCOPE OF SERVICES (SERVICES)
2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work
and services described in Exhibit "A hereto (the Services).
2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in accordance with
the timeline andlor schedule in Exhibit "C" hereto.
SECTION 3
TERM
The term of this Agreement (Term) shall commence upon execution of this Agreement by all parties hereto,
as referenced in the Effective Date on Page 1 of the Agreement, and shall terminate when all services
outlined in the scope of services of this RFP, and deliverables as negotiated and outlined in this agreement
is accepted by the City.
Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines, schedules,
dates, andlor performance milestones for completion and delivery of the Services, as same islare set forth
in the timeline and/or schedule referenced in Exhibit "B hereto.
SECTION 4
FEE -
4.1 Consultant will bill professional fees based on the time spent on the project multiplied by the hourly
billing rates listed in Exhibit "B", up to an amount not to exceed $175,000, including all reimbursable
expenses.
4.2 INVOICING -.
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within thirty (30) days for
that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular
invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and
shall be submitted to the City at the following address:
City of Miami Beach
Tourism and Cultural Development
1700 Convention Center Drive
Miami Beach, Florida 331 39
Attention: Max Sklar
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants,
agreements, or stipulations material to this Agreement, the City, through its City Manager, shall
thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to
terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this
Agreement, and shall grant Consultant ten (10) days to cure such default. If such default remains
uncured after ten (10) days, the City may terminate this Agreement without further notice to
Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties,
and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages
sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option
and discretion, shall be entitled to bring any and all legallequitable actions that it deems to be in its
best interest in order to enforce the City's right and remedies against Consultant. The City shall be
entitled to recover all costs of such actions, including reasonable attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE ClTY
THE ClTY MAY ALSO, THROUGH ITS ClTY MANAGER, AND FOR ITS CONVENIENCE AND
WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY
GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL
BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE
CONSULTANT OF SUCH NOTICE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE
BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY
PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE ClTY SHALL BE
DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR
BY VIRTUE OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Consultant is placed
either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In
such event, the right and obligations for the parties shall be the same as provided for in Section
5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees,
agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities,
losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or
bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen
from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers,
employees, agents, contractors, or any other person or entity acting under Consultant's control or
supervision, in connection with, related to, or as a result of the Consultant's performance of the Services
pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall
pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses,
and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses,
including appeals.
The parties agree that one percent (1%) of the total compensation to Consultant for performance of the
Services under this Agreement is the specific consideration from the City to the Consultant for the
Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall
survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Consultant shall maintain and carry in full force during the Term, the following insurance:
1. Consultant Comprehensive General Liability, in the amount of $1,000,000;
2. Consultant Professional Liability, in the amount of $1,000,000 per occurrence; and
3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
The insurance must be furnished by insurance companies authorized to do business in the State of Florida.
All insurance policies must be issued by companies rated no less than "B+" as to management and not less
than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent.
All of Consultant's certificates shall contain endorsements providing that written notice shall be given to the
City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy.
Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any
work and/or services commencing) and will be kept on file in the Office of the Risk Manager. The City shall
have the right to obtain from the Consultant specimen copies of the insurance policies in the event that
submitted certificates of insurance are inadequate to ascertain compliance with required coverage.
The Consultant is also solely responsible for obtaining and submitting all insurance certificates for any sub-
Consultants.
Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations
under this Section or under any other portion of this Agreement.
The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance
required under this Section has been obtained and such insurance has been approved by the City's Risk
Manager.
SECTION 7
LITIGATION JURISDICTIONNENUEIJURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall ,
-
be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect
to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of
same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Consultant and the City
expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising
out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City and Consultant desires to enter into this Agreement only if in so doing both the City and
Consultant can place a limit on the liability for any cause of action, for money damages due to an alleged
breach by the City or Consultant of this Agreement, so that its liability for any such breach never exceeds
the sum of $1 0,000. Consultant and City hereby expresses its willingness to enter into this Agreement with
recovery from either the City or Consultant for any damage action for breach of contract to be limited to a
maximum amount of $10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant and City
hereby agrees that the Consultant and City shall not be liable to the each other for damages in an amount
in excess of $10,000 for any action or claim for breach of contract arising out of the performance or non-
performance of any obligations imposed upon the City or Consultant by this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of
the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes.
SECTION 9
[INTENTIONALLY DELETED]
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e.
9AM - 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City
Manger may, in hislher reasonable discretion and judgment, deem necessary, there shall be made
available to the City Manager, andlor such representatives as the City Manager may deem to act on the
City's behalf, to audit, examine, and1 or inspect, any and all other documents andlor records relating to all
matters covered by this Agreement. Consultant shall maintain any and all such records at its place of
business at the address set forth in the "Notices" section of this Agreement.
10.2 [INTENTIONALLY DELETETD]
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Consultant shall not subcontract, assign, or transfer all or any portion of any work andlor service under this
Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in
the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or
right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make
such assignment (unless approved) shall be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn
Statement under Section 287.1 33(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement
Division.
10.5 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of the Services, the Consultant shall not discriminate against any
employee or applicant for employment because of race, color, national origin, religion, sex, gender
identity, sexual orientation, disability, marital and familial status, or age.
10.6 CONFLICT OF INTEREST
The Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict
of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, and as may be
amended from time to time; and by the City of Miami Beach Charter and Code (as some may be amended
from time to time); both of which are incorporated by reference herein as if fully set forth herein.
The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or
indirectly, which could conflict in any manner or degree with the performance of the Services. The
Consultant further covenants that in the performance of this Agreement, no person having any such
interest shall knowingly be employed by the Consultant. No member of or delegate to the Congress of the
United States shall be admitted to any share or part of this Agreement or to any benefits arising there
from.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be delivered personally to
the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail,
return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service.
Until changed by notice in writing, all such notices and communications shall be addressed as follows:
TO CONSULTANT: Strategic Advisory Group
3848 Saint Annes Court
Duluth, GA 30096
Attention: Jeff Sachs
TO CITY: City of Miami Beach
City Manager's Office
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Hilda M. Fernandez
City of Miami Beach
Tourism and Cultural Development
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Max Sklar
Notice may also be provided to any other address designated by the party to receive notice if such alternate
address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In -
the event an alternate notice address is properly provided, notice shall be sent to such alternate address in
addition to any other address which notice would otherwise be sent, unless other delivery instruction as
specifically provided for by the party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by either U.S.
certified mail or overnight delivery.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the parties. No
modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless
contained in a written document executed with the same formality and of equal dignity herewith.
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement
shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to
the fullest extent permitted by law.
12.3 ENTIRETY OF AGREEMENT
The City and Consultant agree that this is the entire Agreement between the parties. This Agreement
supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable
to the matters contained herein, and there are no commitments, agreements or understandings concerning
the subject matter of this Agreement that are not contained in this document. Title and paragraph headings
are for convenient reference and are not intended to confer any rights or obligations upon the parties to this
Agreement.
FOR CONSULTANT:
ATTEST:
[INSERT NAME]
By:
Secretary President
Print Name Print Name 1 Title
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
City Clerk Mayor
EXHIBIT "A"
SCOPE OF SERVICES
1) Immersion
Consultant will meet with the City to review the scope of services, and establish overall project goals.
Consultant will also meet with project leadership to conceptualize the development strategy that best
meets the objectives and constraints. As part of this process, Consultant will:
a) Meet with project leadership
b) Tour the convention center
c) Tour the site and discuss available sites for development
d) Tour surrounding area
e) Review the "Needs Assessment and Master Plan1'
f) Review other information as appropriate
g) Assist City in developing a critical path and timeframe.
DELIVERABLE: Consultant shall complete and submit a plan of action that covers all tasks listed in
Scope of Services, subject to the City's review and approval.
Serve as the City's primary advisor/Consultant
Consultant will serve as the City's primary advisorlConsultant throughout the engagement. Consultant
will:
a) Provide project oversight
b) Assist the City on how to best maximize the City's assets
c) Inform the City on how to potentially generate the maximum private investment
d) Update the City on the status of the project
e) Facilitate stakeholder meetings with the hotel industry, neighbors and other concerned parties
f) Assist the City with the resolution of any issues that may arise as the project progresses
g) Address other issues as required
h) Identify companies and teams interested in submitting proposals
DELIVERABLE: Consultant shall complete all tasks listed in Phase 2 above, subject to the City's
review and approval.
3) Draft Mixed-Use Developer RFQ
a) Consultant to develop a competitive process or best determined process to attract key
participants to the project(s).
b) Assist in the evaluation and selection of potential partner(s).
c) Participate in negotiating terms with any selected project team(s).
d) Facilitate and provide the professional and technical expertise to lead key discussions
regarding the project, including, but not limited to community outreach, coordination of key
participants, financing and contract negotiations (e.g. identify constituent groups for project
discussion; conduct constituent group discussion and solicit feedbacklinput).
RFQ will include the following:
a. Sales-oriented information on the retaillrestaurant, office, for-rent residential, for-sale
residential, and hotel markets
b. Site information
i. Development potential (height restrictions, FAR, maps, aerial photos, etc.)
ii. Adjacent land uses
iii. Existing building information
iv. Others as appropriate
c. Minimum program components
i. HQ hotel
ii. Convention center expansion areas
iii. Other
d. Submittal requirements
i. Experience
ii. Financial background
iii. Proposed program
iv. Master plan concepts
v. AbsorptionlPhasing
vi. Cash flow models
vii. Land purchase proposal
viii. Tax impacts
ix. Sources of debt and equity
x. Development/funding commitment
xi. Litigation history
xii. References
xiii. Others as appropriate
DELIVERABLE: Consultant shall complete all tasks listed in Phase 3 above, subject to the City's
review and approval.
4) Short-List Development Teams
Once the City has approved the RFQ, Consultant will manage the process to identify short-list
candidates. Specifically, Consultant will:
a) Identify potential developerslteams on a local, national and international level to contact regarding
the project.
b) Mail the RFQ to all potential developerslteams identified. Post the opportunity on Internet bid sites
and advertise as required under Florida law.
c) Conduct follow-up phone calls with key potential developerslteams to make certain they receive and
understand the opportunity.
d) Be available for site visits as requested.
e) Coordinate a pre-proposal meeting to discuss the RFQ and answer any questions potential
developerslteams may have.
f) Respond to questions related to the RFQ.
g) Evaluate the responses to the RFQ, including: providing advice on the process of evaluation and
selection, checking proposal references and reviewing the reported success of other projects
completed by the proposers. In addition, Consultant will perform due diligence procedures on
revenue and expense projections, cost estimates, financing plan, and capital sources. Consultant
will summarize, the salient points of each proposal in a matrix.
h) Recommend a short-list of candidates to be interviewed.
DELIVERABLE: Consultant shall complete all tasks listed in Phase 4 above, subject to the City's
review and approval.
5) Select the Development Team
a) Consultant will update the comparison matrix to address information learned during the RFQ
process.
b) Consultant will coordinate the interview process of the short-listed candidates. Consultant will
actively participate in the interviews, providing expertise and advice to the City as needed and
desired. Consultant will also submit a list of questions that should be asked to each proposer.
c) Consultant will assist with the final selection of the developerlteam and formulate and provide its
recommendations to City Administration, City Commission and any other committees and sub-
committees as required.
DELIVERABLE: Consultant shall complete all tasks listed in Phase 5 above, subject to the City's
review and approval.
6) Negotiate Contract with Selected Developerlleam
Once a development team is selected, Consultant will work with and assist the City and its legal team
with negotiations, drafting and finalizing the formal agreements. Consultant will provide advice and
consultation throughout the process. Consultant will be available for conference calls, will review and
suggest revisions to the legal documents, and will ensure the spirit of the RFQ process is encompassed
in the legal documents.
DELIVERABLE: Consultant shall complete all tasks listed in Phase 6 above, subject to the City's
review and approval.
7) Create Convention Center Improvement Financial Plan
a) Based on the selected development team proposal, development approach and phasing timeline,
Consultant will project the land sale and tax revenues anticipated to be generated from the private
development over a 30-year period.
b) Consultant will calculate the bonding capacity of the revenue streams, assuming various credit
scenarios. This may include a phased approach with multiple bond issuances over time that utilize
revenues to the public sector as each phase of the private development is developed over time.
c) Consultant will align the bonding capacity with the needs identified in Step 3.
d) Consultant will summarize the convention center improvements and funding plan in a written
document and Powerpoint presentation.
e) Identify and recommend potential public and private financing options for the development of the
project@), including but not limited to PubliclPrivate Partnerships (PPP), to minimize the level of
public financial participation in the project(s) and to attain the most distinctive, highest-quality and
marketable project@) possible. Consultant will be expected to provide transactional review, including
sources of debt and equity, and are strongly urged to consider creative development and financing
structures that will accomplish these ends. Any recommended financial plan developed by the
consultant must detail the assumptions used in the recommended development.
f) The assumptions should include operating projections that are supported by market research, a
financing plan and project schedule. The consultant shall also recommend development approaches
and construction management and operation methodologies for the project(s).
DELIVERABLE: Consultant shall complete all tasks listed in Phase 7 above, subject to the City's
review and approval.
8) Ongoing Tasks
a) Consultant will provide periodic reports as requested by the City.
b) Consultant will assist in other duties as they relate to this engagement and remain available
throughout project development to answer questions and provide information and guidance as
requested and needed.
DELIVERABLE: Consultant shall complete all tasks listed in Phase 8 above, subject to the City's
review and approval.
ATTACHMENT A
SAG HOURLY BILLING RATES
Jeff Sachs (Managing Partner) $375
Tony Peterman (Sr. Partner) $295
Tom Reifert (Principal) $250
Dan Fenton (Principal) $250
Jerry McClendon (Associate) $200
Frank Pallini (Associate) $1 50
T:\AGENDA\2011 \I 0-1 9-1 I\SAG Consultant MBCC Attachment A.docx
EXHIBIT "B"
FEES
The following are hourly billable rates:
Jeff Sachs (Managing Partner) $375
Tony Peterman (Sr. Partner) $295
John Repa $295
Tom Reifert (Principal) $250
Dan Fenton (Principal) $250
Jerry McClendon (Associate) $200
Frank Pallini (Associate) $150
EXHIBIT "C"
En~a~ement Timeline
City of Miami Beaeh
Convention Center District Consuiting Services
Description
ImmersionIKick-Off Meetings
Serve as City's Primary
AdvisorlConsultant
Draft Mixed-Use Developer RFQ
Short-List Development Teams
Select Development Team
Recommend developerlteam to Council
Negotiate Contract with Selected
DeveloperITeam
Create Convention Center Improvement
Financial Plan
Summarize plan in written document and
presentation
Ongoing Tasks
COMMISSION ITEM SUMMARY
Condensed Title:
Amendments to the Roofing Materials Ordinance.
Key Intended Outcome Supported:
( Maintain strong growth management policies; Protect historic building stock I
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
Issue:
Should the City Commission adopt an Ordinance Amendment that modifies the review procedures for
certain types of roof materials on 'contributing' structures located in historic districts, while allowing for an
expanded role of planning department staff in the review process?
Item SummarylRecommendation:
I SECOND READING: The subject Ordinance was approved at First Reading on September 14,201 1. 1
Advisory Board Recommendation:
I On January 31,201 1, the Land Use and Development Committee referred the Ordinance to the Planning I
The Administration recommends that the City Commission adopt the Ordinance.
Board, with a favorable recommendation.
On February 8,201 1, the Historic Preservation Board reviewed the proposed ordinance and recommended
approval.
On April 26, 201 1, the Planning Board transmitted the subject Ordinance to the City Commission, with a
favorable recommendation.
On July 20, 201 1, the Land Use and Development Committee referred the Ordinance to the City
Commission with a favorable recommendation.
-.
Financial Information:
I 1
City Clerk's Office Legislative Tracking:
1 Richard Lorber or Thomas Mooney
Approved Source of
Funds:
I
OBPl
- 3
4
Total
Financial Impact Summary:
The subject ordinance is not expected to have any fiscal impact.
Account
I
Amount
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 19, 201 1 SECOND READING
SUBJECT: AN ORDINANCE OF THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE ClTY OF MlAMl
BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS", ARTICLE IV, "SUPPLEMENTARY DISTRICT
REGULATIONS", SECTION 142-875 "ROOF REPLACEMENTS" TO MODIFY
AND EXPAND THE REQUIREMENTS FOR ROOFING MATERIALS IN ALL
DISTRICTS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION --
The ~dmzstration recommends that the City Commission adopt the proposed Ordinance.
BACKGROUND
On February 9,201 1, the City Commission adopted an Ordinance Amendment that updated
the procedures for allowing materials other than tiles to be used on new roofs for single
family homes constructed prior to the year 1942, as well as 'non-contributing' buildings
located within local historic districts. Specifically, the subject Ordinance extended additional,
appropriate latitude to the City's Planning Department for the review and approval of new
roofs for pre-1942 Architecturally Significant single family homes, as well as 'non-
contributing' buildings located within local historic districts.
ANALY SlS
As part of the approval process for the recent changes to the roofing materials section of the
code, a discussion commenced concerning appropriate roofing material for certain types of
additions to 'contributing' structures located within locally designated historic districts.
Specifically, the proposed ordinance would allow, within all zoning districts except single
family districts, metal or glass roofing systems on roof-top additions to contributing buildings.
However, in addition to the approval of the historic preservation board, the metal or glass
roofing system could not be visible from the adjacent street.
Currently, metal or glass roof systems are not permitted on contributing buildings located
within local historic districts. This change would allow for some limited flexibility in those
instances where a new roof is proposed for an addition. The proposed ordinance is limited
enough that it would not permit metal or glass to be used on existing structures, only
'additions' thus ensuring the historic and design integrity of contributing structures located
within local historic districts.
October 19, 201 1
Commission Memorandum
Amendment to Roofing Materials Ordinance
Page 2 of 2
A small change to the section of the ordinance that currently requires the same style, design
and material of roofing material for the main structure and all accessory structures when
located on the same property is also proposed. This would allow for the variation in material
for additions and new construction, proposed as part of the ordinance. However, in order to
protect and preserve the established scale, character and context of the single family
districts in the City, the proposed ordinance would still require a consistency in roof materials
for all properties located In single family residential districts.
On January 31,201 1, the Land Use and Development Committee referred the Ordinance to
the Planning Board, with a favorable recommendation.
On February 8,201 1, the Historic Preservation Board reviewed the proposed ordinance and
recommended approval.
On September 14, 201 1, the subject Ordinance was approved on first reading.
PLANNING BOARD ACTION
On A~ril 26, 201 1, the Planning Board transmitted the subiect Ordinance to the City
~omr;lission; with a favorable recommendation, by a 6-0 vote. The Planning ~oard
recommended further changes to section 142-875(a)(1), in order to allow for more flexibility
in the application of new roof materials in all districts, including single family districts. The
Planning Board was comfortable that through the DRB process, appropriate roofing
materials would be used on new and existing homes.
On July 20, 201 1, the Land Use and Development Committee reviewed the proposed
Ordinance, as amended by the Planning Board. The Land Use Committee directed staff to
add stronger compatibility language to the section of the Ordinance that will now permit
differentiations in roofing materials within a single development site. The Land Use
Committee also directed staff to incorporate 'Line-of-Site' language into that portion of the
Ordinance that would allow metal and glass roofing systems on 'Contributing' buildings.
The Administration is confident that the proposed ordinance will address the issues and
concerns identified by the DRB and result in a more streamlined and flexible approval
process for single family home owners.
FISCAL IMPACT
The proposed ordinance is not expected to have a fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JMGIJGGlRGLJfRM
T:\AGENDA!2011\10-19-11\Roof Materials 201 1 2nd Reading - MEMO.docx
Roofing Materials 201 1
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MlAMl BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITYOF
MlAMl BEACH, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS", ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS", SECTION 142-
875 "ROOF REPLACEMENTS" TO MODIFY AND EXPAND THE
REQUIREMENTS FOR ROOFING MATERIALS IN ALL DISTRICTS;
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach continually seeks to update and clearly define the
requirements of the Land Development Regulations of the Code of the City of Miami Beach as they
pertain to zoning districts and regulations; and
WHEREAS, the City of Miami Beach recognizes the benefits of alternative roofing materials
in terms of maintenance, durability, sustainability, energy efficiency and availability; and,
WHEREAS, the City of Miami Beach has adopted regulations pertaining to replacement and
construction of pitched roofs; and,
WHEREAS, the City of Miami Beach desires to expand, modify and clarify the requirements
for new and replacement roofing materials for pitched roofs; and,
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MlAMl BEACH, FLORIDA.
SECTION 1. That Chapter 142, Entitled "Zoning Districts and Regulations", Article IV, Entitled
"Supplementary District Regulations ", Division 1, Entitled "Generally" of the Land Development
Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 142-875. Roof replacements and new roofs.
(a) In all districts, except locally designated historic districts, sites or structures, the new
construction, repair or replacement of any pitched roof shall consist of flat or barrel tile, which shall
be composed of concrete, clay or ceramic material. Metal or qlass roofing systems, may be
proposed for new construction, existing multi-family and townhome structures, existing commercial
buildings, single family homes constructed after 1942, and nonarchitecturally significant single family
homes constructed prior to 1942, and shall be subject to the review and approval of the planning
department, in accordance with the following criteria:
(1) In sinale family residential districts, tThe farrte style, design and material used s4xdI-k
-for the main structure and all accessory structures shall be com~atible when located on the
same property.
(2) The color of the roof shall be neutral and shall not overwhelm or cause the roof to stand out
in a significant manner.
(3) The design, details, dimensions, surface texture and color shall be consistent with the
architectural design, style and composition of the structure.
(4) The design, details, dimensions, surface texture and color shall be consistent with the
established scale, context and character of the surrounding area.
(b) For architecturally significant single family homes constructed prior to 1942, the planning
director, or designee, may approve a metal or alass roofing system, if it is determined that the scale,
massing and design of the subject home can accommodate a metal or glass roofing system, and
that the metal or alass roofing system will not negatively impact the established architectural context
of the immediate area. Such review by the planning director, or designee, shall be subject to the
criteria in subsections &(A)-(4) above.
The appeal of any decision of the planning department under ikif sections (a) and (b) above shall
be to the design review board, in accordance with chapter 11 8, article VI of these land development
regulations. The review by the design review board, either by appeal or if the a metal or alass
roofing system does not qualify for planning director approval as provided above, shall also be
pursuant to the criteria in subsections &(A)-(4) above.
(c) Within any locally designated historic district, site or structure, the new construction, repair or
replacement of any pitched roof shall consist of flat or barrel tile, which shall be composed of
concrete, clay or ceramic material. The use of metal or glass roofing systems on new construction
< " shall require the review and approval of the historic preservation board, in accordance with the
criteria in subsections (a)(l)-(4) above and chapter 118, article X of these land development
regulations. Metal or alass roofing systems shall not be permitted on contributing buildings, except
as hereinafter provided. Within all zoning districts, exce~t sinale familv districts, and subiect to the
approval of the historic preservation board, metal or alass roofing svstems mav be permitted on roof-
top additions to contributing buildings, subiect to the criteria in subsections (a)(1 b(4) above and
chapter 118, article X of these land development requlations. provided the metal or alass roofinq
svstem is not visible when viewed at eve level (5'-6" from arade) from the opposite side of the
adiacent right-of-wav; for corner ~roperties, the metal or glass roofina svstem shall also not be
visible when viewed at eve level from the diagonal corner at the opposite side of the riaht-of-wav and
from the opposite side of the side street right-of-wav. The use of metal or alass roofing systems on
existing non-contributing structures may be reviewed and approved by the planning director, or
designee, in accordance with the criteria in subsections (a)(l t(4) above and chapter 1 18, article X
of these land development regulations, if it is determined that the scale, massing and design of an
existing non-contributing structure can accommodate a metal or alass roofing system, and that
#e metal or alass roofing system will not negatively impact the established historic and architectural
context of the immediate area. The appeal of any decision of the planning department under this
subsection shall be to the historic preservation board. The review by the historic preservation board,
either by appeal or if the metal or glass roofing system does not qualify for planning director
approval as provided above, shall also be pursuant to the criteria in subsections (a)(l)-(4) above,
and section 1 18-564.
(d) Notwithstanding the above, for those structures constructed and substantially maintained in
the Mediterranean revival or mission style of architecture, only concrete, clay or ceramic tile may be
utilized. For purposes of this subsection, Mediterranean revival or mission architecture shall be
defined as those structures built between 191 5 through 1942 and characterized by, but not limited
to, stucco walls, low pitch terra cotta or historic Cuban tile roofs, arches, scrolled or tile capped
parapet walls and articulated door surrounds, or Spanish baroque decorative motifs and classical
elements.
(e) Notwithstanding the above, in the event a material other than flat or barrel tile was permitted
for a pitched roof in any district, such roof may be replaced with the same material, subject to the
criteria in subsection (a) above.
(f) For those structures which contain historic Cuban barrel tiles, such tiles shall be retained and
preserved, subject to the provisions of the applicable building codes.
No variances from any of these provisions shall be granted. However, in the event that the
building official determines that limitations exist regarding the load capacity of an existing roof, a
roofing material other than concrete, clay or ceramic tile may be approved by the planning
department for any type of structure, in accordance with the criteria specified in subsections 142-
875(a)(l)--(4) above.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Code of
the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other
appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this day of ,2011.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
First Reading: September 14,201 1
Second Reading: October 19,201 1
Verified by:
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
1 011 2120 1 1
T:WGENDA\201 1\10-19-1 l\Roof Materials 201 1- 0RD.docx
NE THURSDAY, OCTOBER . . 6,2011 1 13NE
CITY OF MIAMI 'BEACH
NOTICE OF PUBLIC HEARINGS
I I NOTICE IS HEREBY given that second readings and public hearings will be held by the ~aror and City Commission of the&
of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida,
on WEDNESDAY, OCTOBER lgthm, 2011, to consider the following:
7. *
Amendments To The Rooflng Material Ordlnance
Ordlnance Arnendlna The land Development Requlat~ons Of The 6ode Of The Clty Of ~iarhl BeaEh. By Amendlng Chapter 142, I I "Zonmg D~str~cts And Regulatlons". Mide IV, "'Supplementary Dlstnct Regulations", Sectlon 142-875 "Roof Replacements" To
$40drfyrfyAnd Expand,The Requlwments For Roofing Matengls In All Dlstrlcts
I I inqulrles may be dlrected to the Planning Department at (305) 673-7550 .
10:20 ah.
Stay Of Work And Proceedings On Appeal:
Ordlnance Arnend~ng The land Develppment Regulat~ons Of The City Code By Amendlng Chapter 118, "Admlnlstrative And
Rev~ew Procedures," Artlcle II, "Boards," Dlvlslon 5. "Board Of Adjustment," Section 118-137, ':Stay Of Work And Proceedings On
Appeal," Clarifying And Amendlng The Stay Provlslons Applicable To Matters On Appeal To The Board Of Adjustment
.- *
lnqubies may be directed to the Planning Department at (305) 673-7550.
10:25 a.m.
Ordlnance Amendlng Chqpter 10 Of The Miaml Beach Clty Code Ent~tled "Animals," By Amendlng Sect~on 10-1 1, Entrtled "Runnlng
At Large Prohlbltec?' By Extendmg The Pllot Program Off-Leash Area For Dogs In South Pointe ParkUntll January 1,2012 And By
Addlng Two (2) Hours In The Evenlng From 5'00 p.m To 7 00 p m On Monday Through Fr~day, Provldlng For An Off-Leash Area
On The Par 3 Golf Course From Sunnse To 9.00 AM Dally Ar,d From 5 00 p m To 7'00 p m On Monday Through Fr~day Untll
Construct~on Commences On The Par 3 Golf Course
lnqulrles may be dlrected to the Parks and Recreation Department at (305) 673-7730
40:30 a.m.
Mlnlmurn Unit Slze And Parklng Requlrements For Affordable Houslng Prolects-
An Ordlnance Amendlng The Code Of The City Of M~aml Beach, By Amendlng Chapter 130 "Off-Street Parklng," Sectlon 130-32
"Off-Street Parking Requlrements For Parklng Dlstrlct No 1 ,"And Sect~on 130-33 "Off-Street Parking Requlrements For Parklng
Dlstncts Nos 2.3, And 4," By Addlng Parking Requirements For Houslng For Low And/or Moderate Income Non-Elderly Persons,
Chapter 142 "Zonlng Dlstr~cts And Regulatlons," By Amendlng Attlcle IV "Supplementary Distrlct Regulatlons," By Pmendlng
Dlvlslon 6 "Houslng For Low And/or Moderate Income Elderly Persons," By including Non-Elderly Persons In The Regulations,
Amendmg Sectlon 142-1181, "Purpose," Sectlon 142-1182 "Ddlnltions," Sectlon 142-1 183, "Unlt Slze," And Sectlon 142-1184
"Mandatory crrtkrla:" Amendfig Dtvtslon 3 "Residential Multrfamily D~stncts," Subdlvlslon I1 "RM-1 Resldentlal Multlfamlly Low
intens~w ~ubhlms~on IV "RM-2 Res~dent~al Multdamlly, Medlum Intens~ty," Subdiv~slon-V "RM-3 Residentla1 Mult~f,p~ly, Hlgh
Intensity,"D~visibn 4. "CD-1 Commerclal, Low lntenslty D~stnct," Dweion 5. "CD-2 Commercial, Medium lntenslty D~strlct," Div~sion
6 "CD-3 ~ommercl&~lgh.lntenslty Diqr~ct,': And Dlvlslor, 18 TS Performance Standard b~strl~t," By Including References10
Dlv~s~on 6 "HoThlng For Low And/or Moderate IncomeQlon-Elderly And Elderly Persons "
I lnquirres may be directed to the Planning Depattment at (305) 673-7550
10:35 a.m.
Recycllng Ordtnance
An Ordlnance Amendlng Chapter 90 Of The Mlaml Beach Clty Code, Entrtled "Solld Waste," By Amendlng The Deflnitlons In Arllcle
I Ent~tled "In General," By Amendlng Sectton-90-2, Entrtled "Definitions", By Amending Article II, Ent~tled "Administration" By
Amending The Penalt~es For Solld Waste Vlolat~ons And To Provlde Provlsrons And Penalties Relative To Recycllng For Multlfamlly
Resldences And Commerclal Establlshments, By Creatlng Mlcle V, To Be Entrtled "Cltywlde Recycllng Program For Multifamily
Resldences And Commercial Establlshments," To Provlde Provlslons For Recycllng Requirements And Enforcement, A Pubilc
Educat~on Program, A Warnlng Perlod, An Enforcement Date, Collector hablllty, A "Red Tag" Notlclng System, Penalties, And
Special Master Appeal Procedures
InqutrleS may be dlrected to the Publlc Works Department at (305) 673-7616 I
INTERESTED PARTIES are invRed 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 City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida
33139. Copies of these ordinances are available for inspection during normal business hours inthe City Clerk's mce, 1700
Convention Center Drive, 1st Floor, City Hail, and Miami Beach, Florida 33139. This meeting may be continued and under such
circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach ~
Pursuant to Section 286.0105, Fla. Stat.,,the City hereby advises the public that: if a person decides to appeal any decision
made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that
a verbatim record of the proceedings is made, which record includesthe testimony and evidence upon which the appeal is to be
based. Thls notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language.interpreters, informahon on 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), (3053673-7218m five days in advance to initiate your request. TIY users may also call 711 (Florida Relay Service).
509
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Amending Chapter
118 clarifying and amending the stay provisions applicable to matters on appeal to the Board of
Key Intended Outcome Supported:
Regulatory.
Supporting Data (Surveys, Environmental Scan, etc.):
NIA
Issue:
Should the City Commission amend the stay provisions applicable to matters on appeal to the Board
of Adjustment to allow an application to proceed, provided any approval does not vest until the appeal
is resolved, and the applicant holds the City harmless and agrees to indemnify the City from any
liability or loss resulting from such proceedings?
Item SummatylRecommendation:
I Second Reading Public Hearing
The administrative appeal provisions of the Code have the effect of putting all land use board hearings
on hold until the appeal can be ruled on by the Board of Adjustment. While the appeal provision is
generally used only in cases where serious concerns about a planning interpretation or other
administrative determinations are involved, there are also appeals filed on matters of administrative
details, or matters that can be resolved by the board to which application was made. These types of
appeals do not justify staying the proceedings before a development review Board. While the appeal
procedure is important to protect the rights of property owners and residents surrounding proposed
developments, the stay provision is not always the correct outcome pending resolution of an appeal.
The proposed ordinance would permit an application to proceed to a hearing before a land use board
where the application is made provided that the approval does not vest until the appeal is resolved
and the application holds the City harmless from any liability or loss resulting from such proceedings.
The Administration recommends that the City Commission open and continue the public hearing on
the proposed ordinance to its December 14, 201 1 meeting.
Advisory Board Recommendation:
I At its May 24, 2011 meeting, the Planning Board, by a vote of 6-1 recommended that the City I I commission adopt the proposed ordinance. 1
Financial Information:
Source of Amount Account
Funds: I
u
OBPl
I I
Total
Financial Impact Summary:
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 cannot readily determine any potential measurable impact on the
City's budget as a result of the approval of the proposed ordinance.
City Clerk's Office Legislative Tracking:
Mercy Lamazares or Richard Lorber
t:\
, r
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the Ci Commission 2
FROM: Jorge M. Gonzalez, City Manager
DATE: October 19, 201 1
Second Reading Public Hearing
SUBJECT: STAY OF WORK AND PROCEEDINGS ON APPEAL
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE ClTY CODE BY AMENDING CHAPTER 118,
"ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE II,
"BOARDS," DIVISION 5, "BOARD OF ADJUSTMENT," SECTION 118-137,
"STAY OF WORK AND PROCEEDINGS ON APPEAL," CLARIFYING AND
AMENDING THE STAY PROVISIONS APPLICABLE TO MATTERS ON
APPEAL TO THE BOARD OF ADJUSTMENT; PROVIDING FOR
REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission open and continue the public
hearing on the proposed ordinance to the December 14, 201 1 meeting.
BACKGROUND
A discussion relative to the stay of proceedings of City Code Section 1 18-1 36 and
Section 11 8-1 37, resulting from appeals of administrative decisions to the Board of
Adjustment was referred to the Land Use and Development Committee and the Planning
Board by the City Commission on February 9, 201 1, at the request of Commissioners
Tobin, Libbin and Gongora.
The reason referenced for this referral was because multiple appeals from administrative
determinations have been made to the Board of Adjustment in the last few months
resulting in applications not proceeding to hearing before the Design Review Board and
Planning Board, pursuant to Section 1 18-1 37.
ANALYSIS
Section 118-136 gives the Board of Adjustment the power and duty to hear and decide
appeals when it is alleged that there is error in any order, requirement, decision, or
determination made by an administrative official in the enforcement of the land
development regulations (with some exceptions). The Board may, upon hearing the
appeal, reverse or affirm, wholly or partly, the order, requirement, decision, or
City Commission Memorandum
Stay of work and proceedings on appeal
October 14, 201 1 Page 2
determination, and to that end shall have all the powers of the officer from whom the
appeal is taken. As with all matters before the BOA, it takes five votes (out of seven
members) to rule on an appeal. Section 11 8-137 states that an appeal to the BOA "stays
all work on the premises and all proceedings in furtherance of the action appealed from."
There is an exception for matters of life safety.
The administrative appeal provisions of the Code are an important part of providing citizen
oversight and protection. However, these provisions do also result in putting all land use
board hearings on hold until the appeal can be ruled on by the Board of Adjustment. While
the appeal provision is generally used only in cases where serious concerns about a
planning interpretation or other administrative determinations are involved, there are also
appeals filed on matters of administrative minutiae, or matters that can be resolved by the
board to which application was made. These types of appeals, while permitted, may not
have the importance or impact to affected parties that would justify staying the proceedings
before a development review Board. While the appeal procedure is important to protect the
rights of property owners and residents surrounding proposed developments, the stay
provision may not always be the best method of addressing these matters pending resolution
of an appeal.
The proposed ordinance before the Commission would permit an application to proceed to a
hearing before a land use board where the application is made provided that the approval
does not vest until the appeal is resolved and the application holds the City harmless from
any liability or loss resulting from such proceedings.
Note that there are two other proposals that are related to, but independent of this proposed
ordinance, which were separately discussed at the Land Use and Development Committee
and City Commission meetings, and were also referred to the Planning Board. One is a
proposal that would amend the jurisdiction and procedure of land use boards concerning
appeals. This proposal would clarify and amend the jurisdiction of each respective board
over appeals of administrative orders, requirements, decisions or determinations and the
procedures that would arise from an application made to those respective boards. The
second proposal would clarify and amend the definitions applicable to and procedures for
obtaining an administrative determination from the planning director, and require that these
determinations be published. These matters have been reviewed by the Planning Board and
are scheduled for review by the Land Use and Development Committee at its October 26,
201 1 meeting.
CITY COMMISSION ACTION
The City Commission at the July 13, 201 1 meeting approved the ordinance on First Reading.
The item was scheduled for Second Reading for October 19, 2011 in order to permit two
companion ordinances on similar subjects to be heard together.
PLANNING BOARD
At its May 24, 2011 meeting, the Planning Board, by a vote of 6-1 recommended that the
City Commission adopt the proposed ordinance (Stolar opposed).
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
City Commission Memorandum
Stay of work and proceedings on appeal
October 14, 201 1 Page 3
actions," this shall confirm that the City Administration evaluated the long-term economic
impact (at least 5 years) of this proposed legislative action, and cannot readily determine
any potential measurable impact on the City's budget as a result of the approval of the
proposed ordinance.
CONCLUSION
The proposed ordinance was approved on first reading by the Commission at its July 13,
201 1 meeting. The item was scheduled for second reading in October to permit two
companion ordinances on similar subjects, Board Jurisdiction and Administrative
Determinations, to be heard by the Planning Board and the Land Use and Development
Committee. Those items have been reviewed by the Planning Board and are scheduled
to be discussed by the Land Use and Development Committee later this month, at its
October 26, 2011 meeting (the items had only been discussed previously at the
Committee of the Whole). Therefore, the Administration recommends that the City
Commission open and continue the public hearing on the proposed ordinance to the
December 14, 2011 meeting, in order to permit the companion ordinances to be
reviewed by the LUDC.
If the Commission chooses to go forward with the public hearing today, note that the
item has received proper noticed as detailed below.
When a request to amend the land development regulations does not change the
actual list of permitted, conditional or prohibited uses in a zoning category, the
proposed ordinance may be read by title or in full on at least two separate days
and shall, at least ten days prior to adoption, be noticed once in a newspaper of
general circulation in the city. The notice shall state the date, time and place of the
meeting; the title or titles of proposed ordinances; and the place or places within
the city where such proposed ordinances may be inspected by the public. The
notice shall also advise that interested parties may appear at the meeting and be
heard with respect to the proposed ordinance.
Immediately following the public hearing at the second reading, the City
Commission may adopt the ordinance. An affirmative vote of five-sevenths of all
members of the City Commission shall be necessary in order to enact any
amendment to these land development regulations.
JMGIJGGIRGUML
t:\agendaEOll\lO-19-11E011 - stay of work and proceedings on appeal rnerno.docx
ORDINANCE NO.
rl ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE
TY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
EVELOPMENT REGULATIONS OF THE ClTY CODE BY AMENDING
iAPTER 118, "ADMINISTRATIVE AND REVIEW PROCEDURES,"
3TICLE II, "BOARDS," DIVISION 5, "BOARD OF ADJUSTMENT,"
ICTION 118-137, "STAY OF WORK AND PROCEEDINGS ON
=PEAL," CLARIFYING AND AMENDING THE STAY PROVISIONS
3PLICABLE TO MATTERS ON APPEAL TO THE BOARD OF
IJUSTMENT; PROVIDING FOR REPEALER; CODIFICATION;
iVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the land development regulations provide for appeals to the Board
of Adjustment of administrative orders, requirements, decisions or determinations made
by an administrative official; and
WHEREAS, City Code section 11 8-1 37 provides for a stay of all work on the
premises and all proceedings in furtherance of the action appealed, upon the filing of
such appeal; and
WHEREAS, it has been determined that Development Review Board Hearing
applications can proceed to hearing before the board to which application was made as
long as the approval does not vest, meaning it cannot be used to obtain the issuance of
a building permit, until the appeal to the Board of Adjustment is resolved; and
WHEREAS, the amendments set forth below are necessary to accomplish the
above objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
Section 1. Chapter 1 18, "Administrative And Review Procedures," Article II, "Boards,"
Division 5, "Board Of Adjustment," Section 11 8-137, "Stay Of Work And Proceedings On
Appeal," is hereby amended as follows:
Sec. 1 18-1 37. - Stay of work and proceedings on appeal.
fl An appeal to the board of adjustment stays all work on the premises and all
proceedings in furtherance of the action appealed from unless one of the exce~tions in
subsection (2) apolies.
IZ) Exceptions:
The official from whom the appeal was taken shall certify to the board of
adjustment that, by reason of facts stated in the certificate, a stay would
cause imminent peril to life or property. In such a case, proceedings or
work shall not be stayed except by a restraining order, which may be
granted by the board of adjustment or by a court of wawd competent
jurisdiction, upon application, tqxm =notice to the officer from whom
the appeal is taken and for due good cause shown.;r
(b) If the appeal arises from an application for Development Review Board
Hearing or other approval requiring a hearing before a land use board,
the hearing before the board to which application was made mav
proceed, provided any approval does not vest, and a final order, or
building permit, or certificate of occupancv, or Business Tax Receipt,
dependent upon such hearing approval, shall not be issued until the
appeal is resolved, and the applicant holds the Citv harmless and agrees
to indemnifv the Citv from any liability or loss resulting from such
proceedings.
@J Notwithstanding the foregoing, an appeal to the board of adjustment or court, or
other challenge to an administrative official's decision, shall neither stay the issuance of
any building permit, full building permit or phased building permit nor stay the running of
the required time period set by board order or these land development regulations to
obtain a full building permit or phased building permit.
SECTION 3. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4. 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 5. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of ,2011.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading:
Second Reading:
Verified by:
Richard G. Lorber, AlCP
Acting Planning Director
Underscore denotes new language.
T:\AGENDAY2011\7-13-11~011 - BOA stay ord rev 7-8-201 1 .doc
Afteraction February 9,201 1 City of Miami Beach
C2 - Competitive Bid Reports
C2A Request For Approval To lssue A Request For Proposals (RFP) For Investigative And Adjusting
Sewices For Selected Tort Liability Claims And Workers' Compensation Claims.
(Human ResourceslRisk Management)
ACTION: Request authorized. Gus Lopez to issue the RFP. Ramiro lnguanzo to handle.
C2B Request For Approval To lssue A Request For Proposals (RFP) For Auctioneer Services Of City
Surplus Items, On An "As Neededn Basis.
(Procurement)
ACTION: Request authorized. Gus Lopez to issue the RFP and to handle.
C4A Referral To The Finance And Citywide Projects Committee A Discussion Regarding Whether Or Not
To Exercise Renewal Options In The Management Agreement With Global Spectrum For The -.- -
. .
Management Of The Miami Beach Convention Center, Colony Theater And Byron Carlyle Theater. ' '
(Tourism & Cultural Development)
ACTION: Referred. Patricia Walker to place on the committee agenda. Max Sklar to handle.
C4B Referral To The Finance And Citywide Projects Committee - Discussion Regarding Granting The
Miami Beach Garden Consewancy The Right To Receive Naming Gifts As Part Of The Garden
Renovation.
(Requested by Commissioner Jerry Libbin)
ACTION: Referred. Patricia Walker to place on the committee agenda. Anna Parekh to handle.
C4C Referral To The Land Use And Development Committee To Discuss Parking Requirements And How
We Can lncentivize For Good Hotel Development.
(Requested by Commissioner Jonah Wolfson)
ACTION: Referred. Richard Lorber to place on the committee agenda. Richard Lorber to handle.
Referral To The Land Use And Development Committee Discussion Regarding Stay Of Proceedings
Of City Code Section 1 18-1 36 And Section 1 18-1 37, Resulting From Appeals Of Administrative
Decisions To The Board Of Adjustment.
(Requested by Commissioners Edward L. Tobin, Jerry Libbin & Vice-Mayor Michael Gbngora)
ACTION: Amended via corrections: Item referred to the Land Use and Development
Committee and to the Planning Board at the request of Commissioner Tobin. Richard Lorber to
place on the committee agendas and to handle.
Prepared by the City Clerk's Office Page No. 7 of 31
M:\$CMB\CITYC LER\AFTERACT\2011 \Afteractions\20110209ha02092011 .doc
ORICE OF THE MAYOR AM CUMMISSK3N MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Ed Tobin, Commis-er ---d--
DATE: January 31,201 1
SUBJECT: Agenda item for February Qth Cammisslan Wng - Refenel of ltem for Discussion
to Land Use and Devetopment Comnrittee
Please place on the ~ebntary 9*, 201 1 City Commission meting agenda a refed to the Land
Use and Mpmsnt Cmmbe to discuss the csPfect of stay of prodings rcrsulting from
appe&s of administrative cieckkm to the Bard of Ac&Mmnt, under City Code Sdhm 1 18-
137, relating to applicstbm befm ather bd me boards.
Should you have any questions, please contad Yamtte Bravo at ext. 6274.
a MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
TO: Jorge Gonzalez, City Manad&
FROM: Jerry Libbin, Commissioner
DATE: February 2, 201 1
SUBJECT: Consent agenda item for the February 9,20 1 1 Commission meeting; a referral to
the Land Use and Development Committee to discuss the automatic sby provisions of City Code
Section 1 1 8-1 37.
Please place on the February 9, 201 1 Commission meeting a referral to the Land Use and
Development Cmmiltw to discuss be automatic stay provisions d City Code Section 1 1 61 37.
"This section provides for a stay of all proceedings in furtherance of the action appealed from,
while an appeal to the Board of Adiurhnent of a related adminishtive decision is being
reviewed. The use of this stay provision has recently been brought to our attention that
justifies its being reviewed by the City Commission."
Please contact my office at ext. 7 106 if you have any questions.
MIAMIBEACH
OFFICE OF THE MAYOR AND COMMlSSDN MEMORANDUM
TO: Jorge'GOCUBlez, City Man
FROM: MiChad Gbngora, Vice Mayo
DATE: F- 1,201 1
sum Rehrral bm for February 9" Commission Meeting
--I
Please place on the February 9'Commisdon meeting consat agenda a referpal
to the Land Use Committee for a discussion on automatic stays pursuant to Code
Section 1 18-136 and -on 1 18-1 37. If you have any questions pbase feel free
to contact my aide Diana Fontani at ext 6087.
NE THURSDAY, OCTOBER 6,2011 1 13NE
CITY OF MIAMI -BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and public hearings will be held by the ~aror and City Commission of thf55:b
of Miami Beach, Florida, in the Commission Chambers. 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida,
on WEDNESDAY, OCTOBER 19thTH, 2011, to consider the following:
10:15 a.m.
j, Q
Amendments To The Rooflng Materlal Ordlnance
Ordlnance Amending The Land Development Regulatlons Of The eode Of The Clty Of ~lahl Beach, By Amendlng Chapter 142,
"Zonlng Dlstrlcts And Regulatlons", Artlcle IV, "~upplementary Dlstnct Regulatlons", Sectfon 142-875 "Roof Replacements" To
&dt&And Expand,The'Requaements For Roofing Materials In All Districts
lnqulrles may be dlrected to the Plannlng Department at (305) 673-7550.
I .-
&:20 a?m.
Stay Of Work And Proceedings On Appeal
Ordlnance Amendlng The Land Devel~pment Regulatlons Of The Clty Code By Amendlng Chapter 118, "Adm~nlstratlve And
Revlew Procedures," Artlcle II, "Boards," Dlvls~on 5. "Board Of Adjustment," Sectlon 118-137, ytay Of Work And Proceed~ngs On
Appeal," Clarlfylng And Amendlng The Stay Provlslons Applicable To Matters On Appeal To The Board Of Adjustment
- * / I Iymr~es may be directed to the Piaming Department at (305) 673-7550
10:25 a.m.
Ordnance Amendlng Chapter 10 Of The Mlam~ Beach Clty Code Entltled "Anlrnals," By Arnendlng Sectlon 10-1 1, Entltled "Runnlng
At Large Proh~brtell" By Extendlqg The Pllot Program Off-Leash Area For Dogs In South Polnte Park Untli January 1,2012 And By
Addlng Two (2) Hours In The Evenlng From 5.00 p.m. To 7 00 p m On Monday Through Fr~day, Prov~d~ng For An Off-Leash Area
On The Par 3 Golf Course From Sunrise To 9 00 A M Dally And From 5 00 p m To 7 00 p rn On Monday Through Frlday Untll
Construction Commences On The Par 3 Golf Course
lnqu~rles may be dlrected to the Parks and Recreation Department at (305) 673-7730.
lb:a a.m.
Mlnlmurn Unrt Sue And Parklng Requlrements For Affordable Houslng Projects.
An Ordlnance Amendlng The Code Of The Clty Of M~am! Beach, By Amendlng Chapter 130 "Off-Street Parkmg." Sectlon 130-32
"Off-Street Parklng Requlrernents For Parklng Dlstrlct No 1 ,"And Sectlon 130-33 "Off-Street Parklng Requlrements For Parklng
D'sblcts Nos 2.3, And 4," By Addlng Parklng Requlrements For Houslng For Low And/or Modera* Income Non-Elderly Persons,
Chapter 142 "Zonlng Dlstncts And Regulatlons," By Amendlng Artlcle IV "Supplementary D~strlct Regulatlons," By Amendlng
Dlvlslon 6 "Houslng For Low AndlOr Moderate Income Elderly Persons," By lncludlng Non-Elderly Persons in The Regulatlons,
Amendlng Sectlon 142-1181, "Purpose." Sectlon 142-1 182 "Definrtlons," Sectbop 142-1183, "Unit Slze," And Sectlon 142-1184
"Mandatory Crrter~a;" Amendlhg DWtsfon 3 "Resldent~al Multlfamlly D1str1ct.s." Subtl~v~slon I1 "RM-1 Resldentlal Multliamlly Low
Intensrty; ~ubi~v~ston IV "RM-2 Res~dentlal Mult~famlly, Medlum Irrtenslty." Subdlv~s~on V. "RM-3 Resldentlal blultlf~mlly, Hlgh
Intens~,"Q~v~s~on 4.2331 Commerclal, Low lntens~ty Dlstrlct," Dwlzlon 5. "CD-2 Commerclal, Medlum lntenslty Dlstrlct," Dlvlslon
6 "CD-3 ~ommercl~l, Hlgh intensity D~ect,': And Dlvbslon 18 'PS Petfotmance Standard D~strlct," By lncludlng References To
Dlvlslon 6. "HoTmlng For Low And/or Modcrate Income+don-Elderly And Elderly Persons "
inqulrles may be dlrected to the Plannlng Department at (305) 673-7550.
10:35 a.m.
Recycllng Ordlnance
An Ordlnance Amendlng Chapter 90 Of The Mlaml Beach Clty Code, Entltled "Sold Waste," By Amendlng The Deflnlt~ons In Artlcle
I Entltled "In General," By Amendlng SectlongO-2, Entltled "Deflnltlons", By Amendlng Article II, Entllled "Admlnlstratlon" BY
Amendlng The Penait~es For Solid Waste Vlolatlons And To Provlde Provlslons And Penalt~es ReiatlveTo Recycilng For Mult~famlly
Res~dences And Commerclal Establlshments, By Creatlng Artlcle V, To Be Entltled "Crtyw~de Recycllng Program For Multlfamlly
Residences And Commerclal Establlshments," To Provlde Provlslons For Recycllng Requlrements And Enforcement, A Publlc
Education Program, A Warnlng Period, An Enforcement Date, Collector Llablllty A "Red Tag" Notlclng System, PenaltleS, And
Speclai Master Appeal Procedures
Inqucrles may be dlrected to the Publlc Works Department at (305) 673-7616 I
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 City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida
33139. Copies of these ordinances are available for public inspection during normal business hours in the Ci Clerk's c?ffke, 1700
Convention Center Drive, 1st Floor. City Hall, and Miami Beach. Florida 33139. This meeting may be continued and under such
circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Mhmi Beach ~
, Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision
made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that
a vertiatim record of the proceedings is made, which record inciudes'the testimony and evidence upon which the appeal is to Oe
based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges or appeals not othelwise allowed by law.
To request thls rnater~al In accessible format, slgn language Interpreters, ~nforrnation on access for persons wrth dlsabliltles, and1
or any accommodation to revlew any document or partlclpate In any c~ty-sponsored proceedmg, please contact (305) 604 2489
(volce), (305)673-7218N five days In advance to lnltlate your request TTY users may also call 711 (Florlda Relay SeNlce)
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 10 of the Miami Beach City Code entitled "Animals," by amending Section 10-1 1,
entitled "Running At Large Prohibited" by extending the pilot program off-leash area for dogs in South Pointe Park
until January I, 2012 and by adding two (2) hours in the evening from 5:00 P.M. to 7:00 P.M. on Monday through
Friday unless the City Commission approves the permanent designation of the off leash area in South Pointe Park
prior to said date.
Key Intended Outcome Supported: I Increase satisfaction with family recreational activities
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 84.9% of
residents rated the City's Recreation programs as either excellent or good.
Issue:
Should the City Commission amending the City Code to extend the pilot program off-leash area for dogs in South
Pointe Park?
Item SummarylRecommendation:
SECOND READING - PUBLIC HEARING
On September 9, 2009, the Mayor and City Commission adopted Ordinance No. 2009-3646, which specifically
authorized dogs to be unleashed in South Pointe Park for a six month pilot program in the triangular area south
and west of the Washington Avenue entry plaza from sunrise to 9:00 a.m., or during such hours as may be
specifically designated by a resolution of the City Commission after a public hearing. The off-leash pilot began on
June 1, 2010. A discussion was held at the NeighborhoodsICommunity Affairs Committee meeting on February 3,
201 1, concerning the Dogs Off-Leash Trial Program in South Pointe Park that concluded on November 30, 2010.
Following the discussion, the Committee recommended extending the trial period to include the addition of two (2)
hours in the evening (hours to be determined) on Monday through Friday only. This action was approved 2-0 and ' was subsequently reported and accepted by the City Commission at the March 9, 201 1, Commission meeting.
Following the public discussion, the Administration determined the Monday - Friday evening hours to be 5 P.M. -
7 P.M. and modified the signs in the off-leash area to reflect the same.
In reviewing the Off-Leash Ordinance as part of a discussion of a potential off-leash area at the Par 3, it was
determined that approval of the extension of the pilot program and additional hours through an ordinance
amendment was required. As such, consistent with the Committee approval, it is recommended that the pilot
program continue until January 1, 2012. By that time a determination of its continuation would need to be made;
unless the City Commission approves the permanent designation of the off-leash area in South Pointe Park, it
would sunset. On September 14, 2011, this ordinance amendment was approved on first reading and the
Commission scheduled the public hearing and second and final reading for October 19, 201 1.
Advisory Board Recommendation: I NIA
Financial Information:
I
Financial Impact Summary:
I OBPl
City Clerk's Office Legislative Tracking: I Kevin Smith, Director of Parks and Recreation
Source of
Funds:
I I
Total /
Amount
1
Account
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 ommission 2
FROM: Jorge M. Gonzalez, City Manager
DATE: October 19, 201 1 ECOND READING PUBLIC HEARING @
SUBJECT: AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE MIAMI BEACH
CITY CODE ENTITLED "ANIMALS," BY AMENDING SECTION 10-11,
ENTITLED "RUNNING AT LARGE PROHIBITED" BY EXTENDING THE PILOT
PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE PARK UNTIL
JANUARY I, 2012 AND BY ADDING TWO (2) HOURS IN THE EVENING FROM
5:00 P.M. TO 7:00 P.M. ON MONDAY THROUGH FRIDAY; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed Ordinance.
KEY INTENDED OUTCOME SUPPORTED
Increase satisfaction with recreational programs.
BACKGROUND
In the past several years, the residents of Miami Beach have increasingly requested the construction
of dog parks within their neighborhoods. To date there are a total of five (5) fenced dog parks within
the City's parks. These include Belle Isle, Flamingo, North Shore Open Space Park (under
construction), Pinetree, South Pointe (un-fenced) and Washington Avenue (two sites). Additionally,
at the September 14, 2011 Commission meeting the Administration was directed to install a
temporary fenced dog park on the Par 3 Golf Course which is in process. These dog parks are
heavily utilized and appreciated by our residents and their dogs. The increased number of the City's
dog parks is a direct result of a number of discussions that were held in the community and more
specifically at past Neighborhoods/Community Affairs Committee meetings.
At these meetings, the residents requested an unfenced off-leash area in South Pointe Park. On
September 9, 2009, the Mayor and City Commission adopted Ordinance No. 2009-3646 which
approved a six-month pilot program that authorized dogs to be unleashed in South Pointe Park in
the triangular area south and west of the Washington Avenue entry plaza from sunrise to 9:00 a.m.,
or during such hours as may be specifically designated by a resolution of the City Commission after
a public hearing. This was subject to the County amending their Code to permit the designation of
off-leash areas; this amendment was subsequently approved by the Board of County
Commissioners.
A discussion was held at the Neighborhoods/Community Affairs Committee meeting on February 3,
201 1, concerning the Dogs Off-Leash Trial Program previously approved by the City Commission.
The South Pointe Park pilot program began on June 1, 2010 and concluded on November 30, 2010.
Following a discussion of the pilot program, the Committee moved to recommend extending the trial
period, to include the addition of two (2) hours in the evening (hours to be determined) on Monday
through Friday only. The committee also discussed the temporary location of the off-leash area once
Ordinance Amendment To Chapter 10 - Section 10-1 I Running At Large Prohibited
Second Reading Public Hearing
October 19, 201 I
Page 2 of 2
construction of the public art began. A location on the western edge of the west lawn was approved,
with the understanding that discussion of a permanent location would occur when the extended trial
period expired and a determination was made to continue the program. This action was approved 2-
0. This action was subsequently reported and accepted by the City Commission at the March 9,
201 1, Commission meeting.
Following the public discussion held at the February 3, 201 1 Neighborhoods/Community Affairs
Committee meeting, and acceptance of the report by the City Commission at the March 9, 201 1
meeting, the Administration determined the Monday - Friday evening hours to be 5 P.M. - 7 P.M.
and modified the signs in the off-leash area to reflect the same.
ANALYSIS
In reviewing the Off-Leash Ordinance during Committee discussion regarding a potential off-leash
area at the-par 3 golf course, it was determined that approval of the extension of the pilot program
and additional hours through an ordinance amendment was required. As such, consistent with the
Committee approval, it is recommended that the pilot program at South Pointe Park continue until
January 1, 2012. By that time a determination of its continuation would need to be made; unless the
City Commission approves the permanent designation of the off-leash area in South Pointe Park, it
would sunset. -.
On September 14, 201 1, the Mayor and Commission approved this ordinance amendment on first
reading and scheduled the public hearing and second and final reading for October 19, 201 1.
CONCLUSION
The Administration recommends that following a public hearing the Mayor and Commission adopt
this ordinance amending Chapter 10 of the Miami Beach City Code entitled "Animals," by amending
Section 10-1 1, entitled "Running At Large Prohibited" by extending the pilot program off-leash area
for dogs in South Pointe Park until January 1, 2012 and by adding two (2) hours in the evening from
500 P.M. to 7:00 P.M. on Monday through Friday; and providing for a repealer, severability,
codification, and an effective date.
T:\AGENDA\2011\10-19-11\Anima1 Ordinance Amendment SPP Off Leash 2nd Reading & Public Hearing COMM.
MEMO.doc
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MlAMl BEACH, FLORIDA, AMENDING CHAPTER 10 OF
THE MlAMl BEACH ClTY CODE ENTITLED "ANIMALS," BY
AMENDING SECTION 10-1 1, ENTITLED "RUNNING AT LARGE
PROHIBITED" BY EXTENDING THE PILOT PROGRAM OFF-LEASH
AREA FOR DOGS IN SOUTH POINTE PARK UNTIL JANUARY 1,
2012 AND BY ADDING TWO (2) HOURS IN THE EVENING FROM
5:00 P.M. TO 7:00 P.M. ON MONDAY THROUGH FRIDAY; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 5-20 of the Miami-Dade County Code, "a dog may be
unrestrained and shall not be deemed at large if it is supervised by a competent person and is
(i) in a park area in which dogs are specifically authorized by a municipality or by the County to
be unrestrained.. . "; and - ~
WHEREAS, on September 9, 2009, the Mayor and City Commission adopted Ordinance
No. 2009-3646 which specifically authorized dogs to be unleashed in South Pointe Park for a six
month pilot program in the triangular area south and west of the Washington Avenue entry plaza
from sunrise to 9:00 a.m., or during such hours as may be specifically designated by a
resolution of the City Commission after a public hearing; and
WHEREAS, the Mayor and City Commission wish to extend the pilot program in South
Pointe Park until January 1, 2012, at which time the pilot program will sunset and an evaluation
of its viability should be completed and a decision as to its future be made, unless the City
Commission approves the permanent designation of the off leash area in South Pointe Park
prior to said date; and
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Chapter 10, Section 10-1 1 of the Miami Beach City Code is hereby amended as follows:
Sec. 10-11. Running at large prohibited.
It shall be prohibited for the owner or person in control of any animal to permit the animal to run
at large. All animals, when not on the premises of their owner or of the person in control, must
be on a leash or contained in a carrier device and under the control of a competent person,
except that in South Pointe Park, in the triangular area south and
west of the Washington Avenue entry plaza, dogs may be off-leash from sunrise to 9:00 a.m.
dailv and from 5:00 p.m. to 7:00 p.m. on Monday throuqh Fridav, or during such other hours as
may be specifically designated by a resolution of the city commission after a public hearing, until
Januaw 1, 201 2 7 . . . .
&de.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the day of ,2011.
PASSED and ADOPTED this day of ,201 1
ATTEST:
MATTI HERRERA BOWER
MAYOR
ROBERT PARCHER, CITY CLERK
Underline denotes additions and denotes deletions
F:\ATTO\TURN\ORDINANC\Animals - Dog Ordinance Amendments - 201 1 (5).docx
CITY OF MIAMI 'BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY glven that second readlngs and publlc hearlngs wlll be held by the ~aj6or and Clty Commlsslon of theC+tj
of Mlam~ Beach, Flor~da, In the Comm~sslon Chambers, 3rd floor, City Hall, 1700 Convention Center Dnve, M~aml Beach, Flor~da,
on WEDNESDAY, OCTOBER 19thM, 2011, to conslder the follow~ng'
10:15 a.m. s
Amendments To The Rooflng Mater~al Ordlnance
Ordlnance Amendlng The Land Development Regulatlons Of The Code Of The Clty Of Mlam~ Beach, By Amendlng Chapter 142,
"Zonlng Dlstrlcts And Regulat~ons", Artlcle IV, "'Supplementary D~stnct Regulatlons", Sectton 142-875 'Woof Replacements" To
Mqdrfy.Ar-3 Expand The'Requlfments For Roofing Materials In All Dlstrlcts
lnqulrles may be dlrected to the Plannlng Department at (305) 673-7550
IO:ZO ah.
Stay Of Work And Proceedlngs On Appeal
Ordlnance Amendlng The Land Devel~pment Regulatlons Of The Clty Code By Amendlng Chapter 118, "Adm~n~strat~ve And
Rev~ew Procedures," Artlcle 11, "Boards," Dlvlslon 5, "Board Of Adjustment," Sect~on 11 8-137, "Stay Of Work And Proceedlngs On
Appeal," Clarlfylng And Amendlng The Stay Provlslons Applicable To Matters On Appeal To The Board Of Adjustment
- +
lnqulries may be directed to the Plannlng Department at (305) 673-7550.
10:25 a.m.
Qrdlnanoe Amend~ng Chapter 10 Of The Mlam~ Beach Clty Code Ent~tled "Animals," By Amendlng Sectlon 10-1 1, Ent~tled "Runnlng
At Laroe Prohlblted" Bv Extendlnq The Pllot Proqram Off-Leash Area For Dogs In South Polnte Park Untll January 1,2012 And By I I ~dding Two (2) Hours in The Evening From 300 p.m. To 7:00 p.m. On Monday Through Friday: pro;iding For An Off-Leash Area
On The Par 3 Golf Course From Sunrise To 9:00 A.M. Daily And From 5:00 p.m. To 7:00 p.m. On Monday Through Friday Until I I Construct~on Commences On The Par 3 Golf Course. I
lnqulrles may be dlrected to the Parks and Recreat~on Department at (305) 673-7730
10:30 a.m.
Mlnlmurn Un~t Size And Parklng Requlrements For Affordable Houslng Projects.
An Ordlnance Amendlng The Code Of The Clty Of M~arn~ Beach, By Amendlng Chapter 130 "Off-Street Parklng," Sectlon 130-32
"Of-Street Parklng Requlrements For Parklng Dlstrlot No. 1 ,"And Sectlon 130-33 "Off-Street Parklng Requlrements For Parklng
Dlstrlcts Nos 2, 3, And 4," By Addlng Parklng Requlrements For Houslng For Low And/or Moderate Income Non-Elderly PeI'SOnS.
Chapter 142 "Zonlng Dlstrlcts And Regulatlons," By Amendlng Artlcle IV "Supplementary Dlstrlct Regulatlons," By Amendlng
Dlvlslon 6 "Houslng For Low And/or Moderate Income Elderly Persons," By lncludlng Non-Elderly Persons In The Regulatlons,
Amending Sectlon 142-1181, "Purpose," Sectlon 142-1182 "Defin~t~ons," Sectlon 142-1183, "Unit Slze," And Sectlon 142-1184
"Mandatory Crrter~a;" Amendlhg DIYI~IO~ 3 "Res~dent~al Multrfamlly Dlstr~cts," Subti~v~s~on II "RM-1 Resldentlal Mclltrfamlly Low
Intens~ty; ~ubdlvls~on IV "RM-2 Resldentlal Multlfam~ly, Medfum Irrtens~ty," Subd~v~s~on-V "RM-3 Res~dentlal Mult~fp~ly, Hlgh
Intenslty,"D~vlslbn 4.'sD-I Commerclal. Low lntenslty Dlstnct," Dwlyon 5. "CD-2 Commerclal, Medlum lntenslty D~str~ct," Dlvlslon
6 "CD-3 ~ommerclai1:~l~h lntensrty Dlspct,: And Dlvls~or, 18 'PS Performance Standard Dlstriet," By lncludlng References To
Dlv~s~on 6 "Ho"ktng For Low And/or Moderate 1ncome.Plon-Elderly And Elderly Persons "
lnqulrles may be dlrected to the Plannlng Department at (305) 673-7550 I
10:35 a.m.
Recycllng Ord~nance
An Ordlnance Amendlng Chapter 90 Of The Mlam~ Beach Clty Code, Entltled "Solld Waste." By Amendlng The Deflnltlons In Article
I Ent~tled "In General," By Amendlng Sectlon-90-2, Ent~tled "Definltlons", By Amending Artlcle 11, Ent~tled "Admlnlstratlon" By
Amendlr~g The Penaltles For Sol~d Waste V~olatlons And To Provlde Provlslons And Penaltles RelatlveTo Recycllng For Multrfamlly
Resldences And Commerc~al Establlshments, By Creatlng Artlcle V, To Be Entltled "Crtyw~de Recycllng Program For Multlfamlly
Resldences And Commerc~al Establlshments," To Pmvlde Provlslons For Recycllng Requlrements And Entorcement, A Publlc
Education Program, A Warnlng Perlod, An Enforcement Date, Collector Llablllty A "Red Tag" Notlclng System, Penaltles, And
Spec~al Master Appeal Procedures
lnqulnes may be dlrected to the Publlc Works Department at (305) 673-7616. I
INTERESTED PARTIES are invRed 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 Clty Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida
33139. Copies of these ordinances are available for public inspection during normal business hvurs in the City Clerk's Office, 1700
Convention Center Drive, 1st Floor. City Hall, and Miami Beach, Florida 33139. This meetlng may be continued and under such
circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Mhmi Beach ~
, Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal an'y 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 includesthe testimony and evidence upon which the appeal is to be
based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges or appeals not otheiwise allowed by law.
To request thls materlal In access~ble format, slgn language Interpreters, lnformatlon on access for persons wlth dlsabllltles, andl
or any accommodat~on to revlew any document or partlc~pate In any clty-sponsored proceeding, please contact (305) 604-2489
05)673-7218m five days In advance to Initlate your request TTY users may also call 71 1 (Flor~da Relay Servlce)
I
528
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Amending Chapter 142 to
include min. unit size & parking requirements for affordable non-elderly housing.
Key Intended Outcome Supported: I Maintain strong growth management policies. I
Supporting Data (Surveys, Environmental Scan, etc.):
While nearly half, 47.6%' suggested the effort put forth by the City to regulate development is
"about the right amount," nearly one-third, 29.6%, indicated "too little" effort is being put forth by the City in I this area. I
Issue:
Should the City Commission amend the development regulations to include minimum unit size and parking
requirements for non-elderly affordable housing.
Item SummarylRecommendation:
Second Reading Public Hearing
The City Code contains policies intended to facilitate development of affordable housing for low andlor
moderate income elderly persons. The existing regulations reduce the parking requirements and the
minimum average unit size for projects in new and rehabilitated buildings, in order to make such projects
more affordable. In order to ensure that the purpose of the amendment was met, the ordinance contained
specific definitions and mandatory criteria for such qualifying projects. The policy amendment being
considered at this time would extend these policies to affordable housing projects certified for low andlor
moderate income non-elderlv persons. The same definitions and mandatory criteria would apply. The
proposed minimum and average unit size suggested by staff would be 400 square feet for rehabilitated
buildings and 550 square feet for new construction. The proposed parking requirement suggested is
reduced from 1.5 spaces per unit to 1 for units 800 square feet or less. Any larger units would follow the
current requirements.
I The Administration recommends that the City Commission adopt the proposed ordinance.
Advisory Board Recommendation:
I At its July 26,201 1 meeting, the Planning Board, by a vote of 4-0 (three members absent) recommended I I that the city commission adopt the proposed ordinance.
I Funds: 111 I
City Clerk's Office Legislative Tracking:
I Mercy Lamazares or Richard Lorber
u
OBPl
@ MIAMIBEACH 529
I I
Total
AGENDA ITEM R5D
Financial Impact Summary:
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 it appears that there may not be any potential measurable impact on the City's
budget as a result of the approval of the proposed ordinance.
DATE Io-(~-//
OI 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: October 19, 201 1
Second Readinn Public Hearing
SUBJECT: Minimum unit size and parking requirements for affordable housing projects
(low and/or moderate income non-elderly persons).
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 130 "OFF-STREET PARKING,"
SECTION 130-32 "OFF-STREET PARKING REQUIREMENTS FOR
PARKING DISTRICT NO. 1," AND SECTION 130-33 "OFF-STREET
PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, AND 4,"
BY ADDING PARKING REQUIREMENTS FOR HOUSING FOR LOW
AND/OR MODERATE INCOME NON-ELDERLY PERSONS; CHAPTER 142
"ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE IV.
"SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DlVlSlON
6, "HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY
PERSONS," BY INCLUDING NON-ELDERLY PERSONS IN THE
REGULATIONS; AMENDING SECTION 142-1 181, "PURPOSE," SECTION
142-1182 "DEFINITIONS," SECTION 142-1 183, "UNIT SIZE," AND SECTION
142-1184 "MANDATORY CRITERIA;" AMENDING DlVlSlON 3.
"RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM-1
RESIDENTIAL MULTIFAMILY LOW INTENSITY," SUBDIVISION IV, "RM-2
RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SUBDIVISION V.
"RM-3 RESIDENTIAL MULTIFAMILY, HlGH INTENSITY," DlVlSlON 4. "CD-1
COMMERCIAL, LOW INTENSITY DISTRICT," DlVlSlON 5. "CD-2
COMMERCIAL, MEDIUM INTENSITY DISTRICT," DlVlSlON 6. "CD-3
COMMERCIAL, HlGH INTENSITY DISTRICT," AND DlVlSlON 18, "PS
PERFORMANCE STANDARD DISTRICT," BY INCLUDING REFERENCES
TO DlVlSlON 6, "HOUSING FOR LOW AND/OR MODERATE INCOME NON-
ELDERLY AND ELDERLY PERSONS." PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed
ordinance.
City Commission Memorandum
Minimum unit size and parking requirements for affordable housing
projects (low andor moderate income non-elderly persons).
October 19, 201 1 Page 2
On December 10, 2008, the City Commission accepted the recommendations report
submitted by the Affordable Housing Advisory Committee (AHAC). The
recommendations of the report include examining the development regulations for
affordable housing projects, including the minimum required unit size and parking
requirements for such apartments.
At the September 15, 2010 City Commission meeting, a development agreement
between the City and the Housing Authority of the City of Miami Beach (HACMB) was
approved, involving the purchase of an easement over the property located at 1231-
1251 17th Street, and an affordable elderly housing project to be developed and
constructed by HACMB. As part of this program, City staff discussed the AHAC
recommendations with HACMB, and has undertaken to initiate the examination of some
key development regulations for affordable projects for non-elderly persons, specifically
the minimum required unit size and parking requirements for such apartments.
The City Code contains policies intended to facilitate development of affordable housing
for low and/or moderate income elderly persons. The existing regulations reduce the
parking requirements and the minimum average unit size for projects in new and
rehabilitated buildings, in order to make such projects more affordable. In order to
ensure that the purpose of the amendment was met, the ordinance contained specific
definitions and mandatory criteria for such qualifying projects.
At the April 21, 201 1 Land Use and Committee meeting, the Committee referred an
ordinance amendment that would permit low and/or moderate income non-elderly
projects to have the same requirements as those for elderly persons. The Committee
also requested that the parking requirements for these projects be reduced from 1.5 to
1.0 per unit for units of 800 square feet or less. Units larger than 800 square feet should
stay the same.
ANALYSIS
The policy amendment being considered at this time would extend these policies to
affordable housing projects certified for low and/or moderate income non-elderlv
persons. The same definitions and mandatory criteria would apply. The proposed
minimum and average unit size suggested by staff would be 400 square feet for
rehabilitated buildings and 550 square feet for new construction. The proposed parking
requirement suggested would be a reduction as follows:
that are 50 ft. in width or less
I
I Apartment buildings on lots
Current Requirement
1.5 spaceslunit.
Apartment buildings on lots wider than 50 ft.:
units less than 800 square feet
Units between 801 and 999 sq. ft.
units between 1000 and 1200 sq. ft.
units above 1200 sq. ft.
Proposed Requirement
1 spacelunit.
1.5 spaceslunit
1.5 spaceslunit
1.75 spaceslunit
2.0 spaceslunit
1 spacelunit.
1.5 spaceslunit
1.75 spaceslunit
2.0 spaceslunit
City Commission Memorandum
Minimum unit size and parking requirements for affordable housing
projects (low and/or moderate income non-elderly persons).
October 19, 201 I Page 3
As an example, an affordable housing new construction project on a 24,000 sq. ft. lot,
containing a mix of units from studio apartments to 2 bedroom units would have the
following parking requirements based on the existing regulations, the proposed
amendment and for comparison purposes, the existing elderly housing requirements:
The proposed amendment would reduce the current parking for an affordable housing
project, in the example above, from 48 spaces to 38 spaces. This represents a 20%
reduction. If in the example above, all of the 30 units were 800 sq. ft., the current
parking requirement would be 45 spaces. The proposed ordinance would reduce this
requirement to 30 parking spaces or a reduction of 33%.
The following example demonstrates the effect of the second component of the
proposed ordinance dealing with the minimum unit size and minimum average unit size.
In this example it is assumed that the project contains only smaller type units meeting
the minimum average unit size on a 150'x150' lot and compares them in two different
sized buildings located in different zoning districts.
It should be noted that as the projects achieve the maximum allowable floor area as per
the underlying zoning district, the gap between the number of units allowed currently and
the proposed ordinance diminishes. This is due to the overall density limits of units per
acre allowed under the City's Comprehensive Plan which does not make a distinction
between affordable units and regular market rate units. The ordinance does allow for
more units in smaller structures due to the lower minimums.
Section 142-1182, "Definitions," as well as Section 130-32 (6A) (parking district No. I),
and Section 130-33 (IA) (parking districts Nos. 2, 3, and 4) would be amended as
follows:
o Elderly Person is a person who is at least 62 years of age.
o Non-Elderlv ~erson is a ~erson who is of leaal aae but less than 62 vears
Net Bldg. Area
available for units
in sq. ft.
(85%)
17,000
28,050
Zoning District
RM-1
RM-2
Number of units
of aae
o Elderly Household: a one or two person household in which the head of
Gross Bldg. Area
in sq. ft.
20,000
33,000
Existing Min.
Avg. Unit size
(800sf)
2 1
35
the household or spouse is at least 62 years of age.
Proposed Min.
Avg. Unit size
(550sf)
30
5 1
City Commission Memorandum
Minimum unit size and parking requirements for affordable housing
projects (low and/or moderate income non-elderly persons).
October 79,207 7 Page 4
Non-Elderlv Household: a one or two person household in which the
head of the household or spouse is of leaal age but less than 62 vears of
ane.
Low Income: Households whose incomes do not exceed 50 percent of
the median income for the area as determined by U. S. Department of
Housing and Urban Development.
Moderate Income: Households whose incomes are between 51 percent
and 80 percent of the median income for the area as determined by U. S.
Department of Housing and Urban Development.
Housing for low andlor moderate income elderly is not: homes or
institutions for the aged, which are primarily, assisted living facilities,
convalescent or nursing homes.
The same Mandatory Criteria in Section 142-1 184 would apply to the non-elderly and
will be amended to reflect the term of non-elderly persons. These are:
1. The development shall be publicly owned or nonprofit sponsored and owned, or
developed by for-profit organizations utilizing public funds.
2. The applicant shall submit written certification from the corresponding state or
federal agency in charge of the program.
3. At the time of development review, the property owner shall submit a statement
of intent to construct housing for low and/or moderate income elderly in
accordance with this section.
4. A covenant running with the land restricting the use of the property for housing
for low and/or moderate income non-elderlv and elderly for a period of no less
than 30 years shall be executed by the owner of the property, approved as to
form and content by the city attorney, recorded in the public records of Miami-
Dade County and shall be submitted prior to the issuance of a building permit.
The declarations within the covenant are not severable. If a subsequent judicial
determination invalidates the age restriction, or the covenant, the city shall not
issue a certificate of use and occupancy for a new use until the property owner
satisfies the then applicable unit size regulations under this Code.
5. Should the property change from housing for low and moderate income non-
elderlv and elderly during the covenant period or thereafter, the property shall
comply with all applicable development regulations existing at the time of the
proposed change, including but not limited to minimum and average unit sizes
and parking requirements.
And finally all the zoning districts that permit multifamily residential units would be
amended to reference Article IV, Division 6, "Housing for Low and/or Moderate Income
Non-elderly and Elderly Persons," which is the section of the City Code that contains the
development regulations for this type of population.
City Commission Memorandum
Minimum unit size and parking requirements for affordable housing
projects (low andor moderate income non-elderly persons).
October 19, 201 1 Page 5
PLANNING BOARD
At its July 26, 2011 meeting, the Planning Board, by a vote of 4-0 (Fryd, Tobin & Beloff
absent) recommended that the City Commission adopt the proposed ordinance.
CITY COMMISSION
At the September 14, 2011 meeting, the City Commission approved the proposed
ordinance on first reading and set the second reading and public hearing for the October
19, 201 1 meeting.
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, and it appears that there may
not be any potential measurable impact on the City's budget as a result of the approval
of the proposed ordinance.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed
ordinance.
When a request to amend the land development regulations does not change the actual
list of permitted, conditional or prohibited uses in a zoning category, the proposed
ordinance may be read by title or in full on at least two separate days and shall, at least
ten days prior to adoption, be noticed once in a newspaper of general circulation in the
city. The notice shall state the date, time and place of the meeting; the title or titles of
proposed ordinances; and the place or places within the city where such proposed
ordinances may be inspected by the public. The notice shall also advise that interested
parties may appear at the meeting and be heard with respect to the proposed ordinance.
Immediately following the public hearing at the second reading, the City Commission
may adopt the ordinance. An affirmative vote of five-sevenths of all members of the City
Commission shall be necessary in order to enact any amendment to these land
development regulations.
JMGIJGGIRGUML
T:\AGENDAY2011\10-19-11\2019 - Min unit size&prkg req affordable housing memo.docx
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 130 "OFFSTREET PARKING," SECTION
130-32 "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT
NO. 1," AND SECTION 130-33 "OFF-STREET PARKING REQUIREMENTS
FOR PARKING DISTRICTS NOS. 2, 3, AND 4," BY ADDING PARKING
REQUIREMENTS FOR HOUSING FOR LOW ANDlOR MODERATE INCOME
NON-ELDERLY PERSONS; CHAPTER 142 "ZONING DISTRICTS AND
REGULATIONS," BY AMENDING ARTICLE IV. "SUPPLEMENTARY
DISTRICT REGULATIONS," BY AMENDING DlVlSlON 6. "HOUSING FOR
LOW ANDlOR MODERATE INCOME ELDERLY PERSONS," BY INCLUDING
NON-ELDERLY PERSONS IN THE REGULATIONS; AMENDING SECTION.
142-1181, "PURPOSE," SECTION 142-1182 "DEFINITIONS," SECTION 142-
11 83, "UNIT SIZE," AND SECTION 142-1 184 "MANDATORY CRITERIA;"
AMENDING DlVlSlON 3. "RESIDENTIAL MULTIFAMILY DISTRICTS,"
SUBDIVISION II. "RM-I RESIDENTIAL MULTIFAMILY LOW INTENSITY,"
SUBDIVISION IV. "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY,"
SUBDIVISION V. "RM-3 RESIDENTIAL MULTIFAMILY, HlGH INTENSITY,"
DlVlSlON 4. "CD-I COMMERCIAL, LOW INTENSITY DISTRICT," DlVlSlON 5.
"CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," DlVlSlON 6. "CD-3
COMMERCIAL, HlGH INTENSITY DISTRICT," AND DlVlSlON 18. "PS
PERFORMANCE STANDARD DISTRICT," BY INCLUDING REFERENCES TO
DIVISION 6. "HOUSING FOR LOW AND/OR MODERATE INCOME NON-
ELDERLY AND ELDERLY PERSONS." PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, it is necessary to review development regulations from time to time and
adapt those regulations to changing needs; and
WHEREAS, there is a need to facilitate and provide for clean, secure and dignified
housing for low and/or moderate income non-elderly persons; and
WHEREAS, the Land Development Regulations of the City Code do not contain any
references to housing regulations for low and/or moderate income non-elderly; and
WHEREAS, Chapter 130 of the Land Development Regulations of the City Code
contains various provisions related to off-street parking; and
WHEREAS, the proposed regulations would facilitate new construction or rehabilitated
housing units for low and/or moderate income housing for non-elderly persons; and
WHEREAS, these proposed regulations will not affect the general health, safety and
welfare of the residents of the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MlAMl BEACH, FLORIDA:
Section 1. Section 130-32 "Off-street parking requirements for parking district no. 1 ." is hereby
amended as follows:
Except as otherwise provided in these land development regulations, when any building or
structure is erected or altered in parking district no. 1, accessory off-street parking spaces shall
be provided for the building, structure or additional floor area as follows:
(6A) Housing for low and/or moderate income non-elderlv ad elderly persons. For purposes
of this regulation, the following definitions shall apply:
Elderly Person shall be defined as a person who is at least 62 years of age.
Non-Elderlv~erson is a person who is of legal age but less than 62 vears of age
Elderly Household: a one or two person household in which the head of the
household or spouse is at least 62 years of age.
Non-Elderlv Household: a one or two person household in which the head of the -
household or spouse is of legal age but less than 62 vears of age.
Housing for the elderly: shall not be construed as homes or institutions for the
aged, which are primarily assisted living facilities, convalescent or nursing
homes.
Low Income: Households whose incomes do not exceed 50 percent of the
median income for the area as determined by U. S. Department of Housing and
Urban Development.
Moderate Income: Households whose incomes are between 51 percent and 80
percent of the median income for the area as determined by U. S. Department of
Housing and Urban Development.
Parking requirements for housing for low and/or moderate income non-elderlv and
elderly persons:
a. 0.5 parking space per dwelling unit for elderlv housing.
b. - 1.00 parking space per dwelling unit of 800 square feet or less for non-
elderlv low and/or moderate income housing. Units laraer than 800
square feet shall meet the required parking as provided in (6) a., b. and c.
as applicable.
Bc. For the purposes of this section only, housing for low and/or moderate
income non-elderlv and elderly persons shall be publicly owned or
nonprofit sponsored and owned, or developed by for-profit organizations.
cd. The applicant shall submit written certification from the corresponding
state or federal agency in charge of the program.
Q e. Off-street parking, pursuant to this section, shall be permitted only after a
finding by the planning director that, in view of the location of such
housing and the economic status of anticipated occupants, the proposed
parking will be adequate to serve proposed occupants, visitors and
employees, including the proposed unit size and likelihood that the
occupants will have a need for parking.
ef. A covenant running with the land restricting the use of the property for
housing for low andlor moderate income non-elderly and elderly persons
for a period of no less than 30 years shall be executed by the owner of
the property, approved as to form by the city attorney, recorded in the
public records of the county and shall be submitted prior to the issuance
of a building permit. The declarations within the covenant are not
severable. If a subsequent judicial determination invalidates the age
restriction in this section, or the covenant, the city shall not issue a
certificate of use and occupancy for a new use until the property owner
satisfies the then applicable parking requirements under this Code. The
property owner may satisfy the parking requirements by actually providing
the additional parking spaces or by reducing the number of residential
units. However, a property owner shall not be able to satisfy the parking 4 ~
requirements by the payment of a fee in lieu of providing parking. At the
time of development review, the property owner shall submit a statement
of intent to construct housing for low and/or moderate income non-elderly
and elderly persons in accordance with this section. -
f g. After approval of the decrease in parking spaces, the premises shall not
be used other than as housing for the non-elderly and elderly persons
unless and until any parking requirements and all other requirements or
limitations of this Code for the district involved and applying to the new
use shall have been met.
Section 2. Section 130-33 "Off-street parking requirements for parking districts Nos. 2, 3 and 4"
is hereby amended as follows:
Except as otherwise provided in these land development regulations, when any building or
structure is erected or altered in parking districts nos. 2, 3 and 4 accessory off-street parking
spaces shall be provided for the building, structure or additional floor area as follows. There
shall be no off-street parking requirement for uses in this parking district except for those listed
below:
(1A) Housing for low and/or moderate income non-elderlv ad elderly persons. For purposes
of this regulation, the following definitions shall apply:
Elderly Person shall be defined as a person who is at least 62 years of age.
Non-Elderly Derson is a person who is of legal age but less than 62 years of age
Elderly Household: a one or two person household in which the head of the
household or spouse is at least 62 years of age.
Non-Elderly Household: a one or two person household in which the head of the
household or spouse is of legal age but less than 62 vears of age.
Housing for the elderly: shall not te be construed as homes or institutions for the
aged, which are primarily assisted living facilities, convalescent or nursing
homes.
Low Income: Households whose incomes do not exceed 50 percent of the
median income for the area as determined by U. S. Department of Housing and
Urban Development.
Moderate Income: Households whose incomes are between 51 percent and 80
percent of the median income for the area as determined by U. S. Department of
Housing and Urban Development.
Parking requirements for housing for low and/or moderate income non-elderlv and
elderly persons:
a. 0.5 parking space per dwelling unit for elderlv housing.
b. - 1.00 parking space per dwellinu unit of 800 square feet or less for non-
elderlv low and/or moderate income housing. Units larger than 800
square feet shall meet the required parking as provided in (6) a., b. and c.
as applicable.
kc. For the purposes of this section only, housing for low andlor moderate
income non-elderlv and elderly persons shall be publicly owned or
nonprofit sponsored and owned, or developed by for-profit organizations.
6 d. The applicant shall submit written certification from the corresponding
state or federal agency in charge of the program.
4. Off-street parking, pursuant to this section, shall be permitted only after a
finding by the planning director that, in view of the location of such
housing and the economic status of anticipated occupants, the proposed
parking will be adequate to serve proposed occupants, visitors and
employees, including the proposed unit size and likelihood that the
occupants will have a need for parking.
ef. A covenant running with the land restricting the use of the property for
housing for low and/or moderate income non-elderlv and elderly persons
for a period of no less than 30 years shall be executed by the owner of
the property, approved as to form by the city attorney, recorded in the
public records of the county and shall be submitted prior to the issuance
of a building permit. The declarations within the covenant are not
severable. If a subsequent judicial determination invalidates the age
restriction in this section, or the covenant, the city shall not issue a
certificate of use and occupancy for a new use until the property owner
satisfies the then applicable parking requirements under this Code. The
property owner may satisfy the parking requirements by actually providing
the additional parking spaces or by reducing the number of residential
units. However, a property owner shall not be able to satisfy the parking
requirements by the payment of a fee in lieu of providing parking. At the
time of development review, the property owner shall submit a statement
of intent to construct housing for low and/or moderate income non-elderlv
and elderly persons in accordance with this section. -
f g. After approval of the decrease in parking spaces, the premises shall not
be used other than as housing for the non-elderlv and elderly persons
unless and until any parking requirements and all other requirements or
limitations of this Code for the district involved and applying to the new
use shall have been met.
SECTION 3. Chapter 142, "Zoning Districts and Regulations," Article IV. "Supplementary
District Regulations," Division Housing for Low And/or Moderate Income Elderly," is hereby
amended as follows:
Division 6. Housing for Low and/or Moderate lncome Non-Elderlv and Elderly Persons.
Section 142-1 181. Purpose.
The purpose of this division is to create definitions and mandatory requirements for new
construction or rehabilitation of housing units for low and/or moderate income elderly and non-
elderlv persons in order to facilitate and provide for clean, secure and dignified housing.
Section 142-1 182. 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 clearly indicates a different meaning:
Elderly Person is a person who is at least 62 years of age.
Non-Elderly person is a person who is of legal age but less than 62 vears of age
Elderly Household: a one or two person household in which the head of the
household or spouse is at least 62 years of age.
Non-Elderlv Household: a one or two person household in which the head of the
household or spouse is of legal age but less than 62 vears of age.
Housing for low andor moderate income elderly is not homes or institutions for
the aged, which are primarily assisted living facilities, convalescent or nursing
homes.
Low Income: Households whose incomes do not exceed 50 percent of the
median income for the area as determined by U. S. Department of Housing and
Urban Development.
Moderate Income: Households whose incomes are between 51 percent and 80
percent of the median income for the area as determined by U. S. Department of
Housing and Urban Development.
Section 142-1 183. Unit Size.
The minimum and average unit size for new construction for low and/or moderate income non-
elderlv and elderly housing meeting the mandatory criteria of Section 142-1 184 shall be 550
square feet in all multifamily and commercial districts. The minimum and average unit size for
rehabilitated buildings for this type of development shall be 400 square feet in all multifamily and
commercial districts. Nonconforming buildings shall comply with the regulations set forth in
Section 118-395, "Destruction, Repair and/or Renovation of Nonconforming Buildings and
Uses," with the exception of unit size, which shall be governed by this section.
Sec. 142-1 184. Mandatory Criteria.
Developments qualifying for the minimum and average unit size under this Division shall meet
all of the following mandatory criteria:
1. The development shall be publicly owned or nonprofit sponsored and owned, or
developed by for-profit organizations utilizing public funds.
2. The applicant shall submit written certification from the corresponding state or federal
agency in charge of the program.
3. At the time of development review, the property owner shall submit a statement of intent
to construct housing for low and/or moderate income non-elderly and elderly persons in
accordance with this section.
4. A covenant running with the land restricting the use of the property for housing for low
and/or moderate income non-elderlv and elderly persons for a period of no less than 30
years shall be executed by the owner of the property, approved as to form and content
by the city attorney, recorded in the public records of Miami-Dade County and shall be
submitted prior to the issuance of a building permit. The declarations within the covenant
are not severable. If a subsequent judicial determination invalidates the age restriction,
or the covenant, the city shall not issue a certificate of use and occupancy for a new use
until the property owner satisfies the then applicable unit size regulations under this
Code.
5. Should the property change from housing for low and moderate income non-elderlv and
elderly persons during the covenant period or thereafter, the property shall comply with
all applicable development regulations existing at the time of the proposed change,
including but not limited to minimum and average unit sizes and parking requirements.
SECTION 4. Chapterl42, ":Zoning Districts and Regulations," Article 11, "District Regulations,"
Division 3, "Residential Multifamily Districts," Subdivision II, "RM-1 Residential Multifamily Low
Intensity" is hereby amended as follows:
Sec. 142-1 55. Development regulations and area requirements.
* * *
(b) The lot area, lot width, unit size and building height requirements for the RM-1 residential
multifamily, low density district are as follows:
SECTION 5. Chapterl42, ":Zoning Districts and Regulations," Article II, "District Regulations,"
Division 3, "Residential Multifamily Districts," Subdivision IV, "RM-2 Residential Multifamily,
Medium Intensity" is hereby amended as follows:
Non-elderlv and
Elderly low and
moderate
income housing:
See section 142-
1183
Rehabilitated
buildings400
Sec. 142-217. Area requirements.
The area requirements in the RM-2 residential multifamily, medium intensity district are as
follows:
Non-elderly and
Elderly low and
moderate
income housing:
See section 142-
1183
Rehabilitated
buildings-550
moderate income
Area fronting west
of Collins Ave.
Otherwise--60
District - 35
(except as
provided in
section 142-
1 161)
Otherwise-50
District -3
(except as
provided in
section 142-
1161)
Otherwise-5
SECTION 6. Chapterl42, ":Zoning Districts and Regulations," Article II, "District Regulations,"
Division 3, "Residential Multifamily Districts," Subdivision V, "RM-3 Residential Multifamily,
High Intensity" is hereby amended as follows:
Sec. 142-246. Development regulations and area requirements.
(b) The lot area, lot width, unit size and building height requirements for the RM-3 residential
multifamily, high intensity district are as follows:
SECTION 7. Chapterl42, ":Zoning Districts and Regulations," Article II, "District Regulations,"
Division 4, "CD-1 Commercial, Low Intensity District" is hereby amended as follows:
Sec. 142-276. Development regulations.
The development regulations in the CD-1 commercial, low intensity district are as follows:
Non-elderlv and
Elderly low and
moderate income
housing: See Section
142-1 183
Rehabilitated
buildings--400
Hotel unit:
15%: 300--335
85%: 335+
Non-elderlv and
Elderly low and
moderate income
housing: See
Section 142-1 183
Rehabilitated
buildings--550
Hotel units--N/A
Architectural dist.:
New construction--
120; ground floor
additions (whether
attached or
detached) to
existing structures
on oceanfront lots-
-50 (except as
provided in section
142-1 1611
Architectural
dist: New
construction--13;
ground floor
additions
(whether
attached or
detached) to
existing
structures on
oceanfront lots--
5 (except as
provided in
section 142-
1161)
-.
SECTION 8. Chapterl42, ":Zoning Districts and Regulations," Article 11, "District Regulations,"
Division 5, "CD-2 Commercial, Medium lntensity District" is hereby amended as follows:
Rehabilitated
buildings400
Non-elderly
and Elderly -
low and
moderate
income
housing: See
Section 142-
1183
Hotel unit:
15%: 300--
335
85%: 33%
Sec. 142-306. Development regulations.
Rehabilitated
buildings-550
Non-elderly
and Elderly -
low and
moderate
lncome
housing: See
Section 142-
1183
Hotel units--
NIA
The development regulations in the CD-2 commercial, medium intensity district are as follows:
SECTION 9. Chapterl42, ":Zoning Districts and Regulations," Article II, "District Regulations,"
Division 6, "CD-3 Commercial, High Intensity District" is hereby amended as follows:
Sec. 142-337. Development regulations and area requirements.
(c) The lot area, lot width, unit size and building height requirements for the CD-3
commercial, high intensity district are as follows:
7,000 50 Construction-
550
Rehabilitated
buildings400
Non-elderly
and Elderly -
low and
moderate
income
housing: See
Section 142-
1183
Hotel unit:
15%: 300--335
85%: 335+
construction-
800
Rehabilitated
buildings-
550
Non-elderly
and Elderly -
low and
moderate
income
housing: See
Section 142-
1183
Hotel units--
NIA
Oceanfront lots
within the
architectural dist.,
new
construction--1 20;
ground floor
additions to
existing structures
on
oceanfront lots-50;
80 - Lots
fronting on 17th
Street;
50 - Non-oceanfront
lots within
the architectural
district;
100-City Center
Area (bounded by
Drexel Ave., 16th
St., Collins Ave., the
south property line
of lots fronting on
the south side of
Lincoln Rd.,
Washington Rd.,
and Lincoln Rd.);
except the height for
lots fronting on
Lincoln Rd. and 16th
St. between Drexel
and Washington are
limited to 50' for the
first 50' of lot depth;
and except the
height for lots
fronting on Drexel
Avenue are limited
to 50' for the first 25'
of lot depth (except
as provided in
section 142-1 161) -
7
new construction--1 3;
ground floor additions to
existing structures on
oceanfront lots--5
7
Lots fronting on 17th
Street
5
Non-oceanfront lots
within the architectural
dist.
11
City Center Area
(bounded by Drexel
Ave., 16th St., Collins
Ave., the south property
line of lots fronting on
the south side of Lincoln
Rd., Washington Ave.,
and Lincoln Rd.),
subject to the applicable
height restrictions
(except as provided in
section 142-1 161)
SECTION 10. Chapterl42, ":Zoning Districts and Regulations," Article Ill "District Regulations,"
Division 18, "PS Performance Standard District," is hereby amended as follows:
Sec. 142-696. Residential Performance Standard Area Requirements.
The residential performance standard area requirements are as follows:
the Ocean Beach
Historic District--35
feet for the first 60
feet of lot depth, 75
Maximum number of
stories
Maximum floor area
ratio
Minimum floor area
per apartment unit
(square feet); except
as provided in 142-
1 183 for elderly
low and moderate
income non-elderly
housing.
Minimumaverage
floor area per
apartment unit
(square feet); except
as provided in 142-
1 183 for elderly
low and moderate
income non-elderlv
housing.
5
Lots 50 feet wide or
less-4
1.25
New construction-
700;
Rehabilitated
buildings--400
New construction -
900;
Rehabilitated
buildings--550
5
Lots 50 feet wide or
less-4
1.50
New construction-
650;
Rehabilitated
buildings--400
New construction--
900;
Rehabilitated
buildings--550
5
Lots 50 feet wide or
less--4
1.75
New construction-
600;
Rehabilitated
buildings--400
New construction--
850;
Rehabilitated
buildings--550
subject to the line-of-
sight analysis of
Sec. 142-697(d)
Lots 50 feet wide or
less--35 feet
Non-oceanfront--8
Oceanfront--1 I
Lots 50 feet wide or
less-4
In the Ocean Beach
Historic District--7
2.0
New construction-
550;
Rehabilitated
buildings--400
New construction--
800;
Rehabilitated
buildings--550
SECTION 11. 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 12. 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 13 Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 14. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of ,201 1
ATTEST:
CITY CLERK
First Reading:
Second Reading:
Verified by:
Jorge G. Gomez, AlCP
Planning Director
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
Underscore denotes new language
denotes deleted language
T:\AGENDAY2011\9-14-11\2019 - ordinance re low and moderate income pkg 9-14-201 1 rev.doc
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and public hearings will be held by the Maror and di Commission of the%?) .
of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida,
on WEDNESDAY, OCTOBER lBthm, 2011, to consider the following: - I v
10:15 a.m. 4
Amendments To The Rooflng Materlal Ordlnance
Ordlnance Amendlng The Land Development Regulatlons Of The 6ode Of The City Of Mlam~ Bealh, Amendlng Chapter 142,
"Zoning D~str~cts And Regulatlons", Article IV, "~uppiementary Dlstrlct Regulatcons", sect~on 142-875 "Roof Replacements" To
Mqd~fy.And Expand,The'Requ~rements For Roofmg Mater~gls In All Dlstrlcts
inqulrles may be dlrected to the Planning Department at (305) 673-7550
10:20 a?m.
Stay Of Work And Proceedlngs On Appeal
Ordlnance Amendlng The Land Develqpment Regulatlons Of The Clty Code By Amend~ng Chapter 118, "Admlnlstratwe And
Rev~ew Procedures," Artlcle Ii. "Boards," Dlvls~on 5, "Board Of Adjustment," Sectlon 11 8-137, "Stay Of Work And Proceedlngs On
Appeal," Clarlfylng And Amendlng The Stay Provlslons Appl~cable To Matters On Appeal To The Board Of Adjustment
. -
lnqu~rles may be dlrected to the Plannlng Department at (305) 673-7550.
10:25 a.m.
Qrdlnance Amendlng Chapter 10 OfThe Mlam~ Beach Clty Code Ent~tled "Animals," By Amendlng Sectlon 10-1 1, Ent~tled "Runnlng
At Large Proh~b~ted" By Extendlqg The Pllot Program Off-Leash Area For Dogs In South Polnte Park Until January 1,2012 And By
Addlng Two (2) Hours in The Evenlng From 5:00 p m To 7'00 p m On Monday Through Fnday. Prov~dlng For An Off-Leash Area
On The Par 3 Golf Course From Sunnse To 9 00 A M Dally And From 5 00 p m To 7 00 p m On Monday Through Fr~day Untll 1 Construction Commences On The Par 3 Golf Course
lnqulrles may be dlrected to the Parks and Recreation Department at (305) 673-7730
' 10:30 a.m.
Mlnlmum Unlt Slze And Parklng Requlrements For Affprdabie Houslng Projects.
An Ordlnance Amendlng The Code Of The Clty Of M~arn~ Beach. By Amendlng Chapter 130 "Off-Street Parklng," Sectlon 130-32
"Oft-Street Parklng Requlrements For Parklng D~str~ct No. 1," And Sectlon 130-33 "Off-Street Parklng Requlrements For Parklng
Dlsmcts Nos 2,3, And 4," By Addlng Parklng Requlrements For Houslng For Low And/or Moderate Income Non-Elderly Persons,
Chapter 142 "Zonlng D~strlcts And Regulatlons," By Amendlng Artlcle IV "Supplementary Dlstrlct Regulatlons," By Amendlng
Dlvlslon 6 "Houslng For Low And/or Moderate Income Elderly Persons," By lncludlng Non-Elderly Persons in The Regulat~ons,
Amendlng Sectlon 142-1181, "Purpose," Sectlon 142-1182 "Dln~t~ons," Sectlon 142-1163, "Unlt S~ze," And Sectlon 142-1184
"Mandatory Crrterla;" Amendfhg Dlyts~on 3 "Resldentlal Multrfamlly Dlstrlcts," Subtl~v~slon II. "RM-1 Res~dentlal Multlfamlly Low
Intensdji" ~ubdlws~on IV "RM-2 Resldentlal Multdam~ly, Medlum Imtens~ty," Subdlvlslon V "RM-3 Resldentlal Multlfptly, Hlgh
Intenslty,"!Jlv~S~on 4. :CD-1 Commerc~al, Low lntenslty Dlstr~ct," Dw~s~on 5. "CD-2 Commerc~al, Medlum lntenslty Dlstrlct," Dlvls~on
6 "CD-3 ~ommerc~$, H~gh lntenslty D~st_nct,: And Dlvlslon 18 'PS Performance Standard Dlstrlct," By Including References To
Dlvlslon 6 "Ho'uslng For Low And/or Moderate Incomefion-Elderly And Elderly Persons "
inqulrles may be dlrected to the Plannlng Department at (305) 673-7550
10:35 a.m.
Recycllng Ordlnance
An Ordlnance Amendlng Chapter 90 Of The Mlaml Beach City Code, Ent~tled "Soi~d Waste," By Amendlng The Defln~t~ons In Artlcie
i Entltled "In General." By Amendlng Sectlon.90-2, Entdled "Deflndlons", By Amendlng Artlcle $1, Entltled "Adm~nlstratlon" By
Amendlng The Penaltles For Solld Waste Vlolatlons And To Provlde Provlslons And Penaltles Reiatlve To Recycllng For Mult~fam~ly
Res~dences And Commerclal Establlshments, By Creatlng Artlcle V, To Be Entltled "Cltyw~de Recycllng Program For Multlfamlly
Res~dences And Commerc~al Establlshments," To Prov~de Prov~s~ons For Recycllng Requlrements And Enforcement, A Publlc
Educat~on Program, A Wamlng Per~od, An Enforcement Date, Collector L~abll~ty, A "Red Tag" Notlclng System. Penaltles, And
Spec~al Master Appeal Procedures
lnqulrles may be dlrected to the Publlc Works Department at (305) 673-7616
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 Clty Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida
33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700
Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such
circumstances additional legal notice would not be provided.
Robert E. Parcher, Clty Clerk
City of Miami Beach .
. Pursuant to Section 286.0105. Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision
made by the City Commission with respect to any matter considered at its meeting or its hearlng, such person must ensure that
a verbatim record of the proceedings is made, which record includesthe testimony and evidence upon which the appeal is to be
based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant
evidence, no! does it authorize challenges or appeals not otherwise allowed by law.
To request thls mater~ai In accessible format, slgn language Interpreters, lnformakon on access for persons wrth dlsabllltles, and/
or any accommodat~on to revlew any document or partlclpate In any c~ty-sponsored proceeding, please contact (305) 604 2489
547
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
I An Ordinance Amending Chapter 90 Of The City Code Entitled "Solid Waste" To Create A Citywide I Recycling Program ~or~ultifamily Residences~nd Commercial Establishments. I
Key Intended Outcome Supported: I Enhance the Environmental Sustainability of the Community.
Supporting Data (Surveys, Environmental Scan, etc.): The waste haulers operating in the City have
reported that approximately 1,558 multifamily and commercial establishments within the City of Miami
Beach are currently not participating in the County-required Recycling Program.
Issue: - - - -- - - I Shall the Mayor and City Commission defer the Ordinance?
Item SummarylRecommendation:
I SECOND READING PUBLIC HEARING
The Administration recommends that the Mayor and City Commission open and continue the item. The
modified Ordinance was approved by the City Commission on first reading on July 13,201 1 and referred to
the FCWPC between first and second reading. The FCWPC at its meeting on September 26, 2011,
referred the Ordinance to the Sustainability CommitteelRecycling Sub-committee.
The proposed Ordinance seeks to establish a comprehensive and aggressive Citywide Recyling Program
for multifamily residences and commercial establishments. This proposed Program would require that
multifamily and commercial establishments not only have a recycling program in place like the County
currently requires, but would also mandate that recyclables be recycled. Multifamily and commercial
establishments will receive fines that range from $350 to $5,000 if recyclables are found comingled with
their solid waste or vice versa. The proposed Ordinance specifies that the City would establish a Public
Education Program to inform the public of the new requirements and provide guidance on proper recycling
procedures. The proposed Ordinance essentially has an 18-month "ramp up" period, including an
extensive twelve (12) month education and outreach period, followed by a six-month warning period before
penalties would be issued. In order to maximize the success of the Public Education Program during this
period, prior to commencing enforcement, it is recommended that a consultant be retained to assist with
developing an outreach campaign for the new Recycling Program to the community.
Enforcement of the proposed Ordinance would require recycling inspectors to inspect the contents of both
the solid waste and recycling containers in order to ascertain compliance. These enforcements efforts can
be driven by complaints from the general public or the waste haulers, through a proactive inspection
schedule, or through a combination approach. The Sustainability Committee recommended that a hybrid
approach be utilized to achieve the greatest level of compliance. In order to enforce the Ordinance, as
currently written, at a reasonable level, the initial fiscal analysis recommends an addition of eleven (1 1)
new Code Compliance Officers to perform both proactive and complaint driven inspections. However, at its
June 23, 201 1 meeting, the Finance and Citywide Projects Committee recommended that this staffing
level be reduced and that the urouosed Ordinance be revenue-neutral and not rely on the General Fund. I To be revenue-neutral, the enfoicement needs to be more complaint driven than pro-active inspection. I
I 1
City Clerk's Office Legislative Tracking: I Richard Saltrick ext. 6565
01 1\10-19-1 l\Recycling Ordinance Summary.doc
Advisory Board Recommendation:
Land Use and Development Committee at its December 13,2010 meeting recommended approval of this
Ordinance. Finance and Citywide Projects Committee at its June 23, 201 1 meeting recommended
approval of this Ordinance with the above mentioned recommendations.
Financial Information:
AGENDA fTEM fls-lE
Account Source of
Funds:
OBPl
1
Total
Amount
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. Gonzaleq City Manager SECOND READING
PUBLIC HEARING
DATE: October 19, 201 1
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE MIAMI BEACH ClTY
CODE, ENTITLED "SOLID WASTE," BY AMENDING THE DEFINITIONS IN
ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 90-2,
ENTITLED "DEFINITIONS"; BY AMENDING ARTICLE II, ENTITLED
"ADMINISTRATION" BY AMENDING THE PENALTIES FOR SOLID WASTE - -
VIOLATIONSAND TO PROVIDE PROVISIONS AND PENALTIES RELATIVE TO
RECYCLING FOR MULTIFAMILY RESIDENCES AND COMMERCIAL
ESTABLISHMENTS; BY CREATING ARTICLE V, TO BE ENTITLED "CITYWIDE
RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL
ESTABLISHMENTS," TO PROVIDE PROVISIONS FOR RECYCLING
REQUIREMENTS AND ENFORCEMENT, A PUBLIC EDUCATION PROGRAM,A
WARNING PERIOD, AN ENFORCEMENT DATE, COLLECTOR LIABILITY, A
"RED TAG" NOTICING SYSTEM, PENALTIES, AND SPECIAL MASTER APPEAL
PROCEDURES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and City Commission open and continue the item.
The modified Ordinance was approved by the City Commission on first reading on July 13,201 1 and
referred to the FCWPC between first and second reading. The FCWPC at its meeting on
September 26, 201 1, referred the Ordinance to the Sustainability Committee/Recycling Sub-
committee.
BACKGROUND
Commissioner Jonah Wolfson worked with the CityAttomeyls Office and City Administration, as well
as members of the City's Sustainability Committee, on a proposed ordinance that would require
mandatory recycling for multifamily residences and commercial establishments in the City, via the
establishment of a City of Miami Beach Mandatory Recycling Enforcement Program.
Currently, Miami-Dade County Code (Sections 15-2.2 to 15-2.4) requires multifamily and commercial
establishments to have a recycling program. However, as a result of multiple issues, including fiscal
constraints at the County level, the County Code requirement to demonstrate a recycling program is
not adequately or comprehensively enforced. It is believed that approximately 1,558 multifamily
residential buildings and commercial establishments within the City of Miami Beach are currently not
participating in the County-required recycling program. This is approximately 30% of all known
commercial and multfamily accounts.
The proposed ordinance (Attachment A), which is an amendment to Chapter 90 of the City Code,
would establish more stringent requirements than the County and require multifamily residences and
City Commission Memo - Recycling Ordinance, Second Reading
October 10, 201 1
Page 2 of 7
commercial establishments in the City to recycle pursuant to the requirements of a City of Miami
Beach Recycling Program. This proposed program would require that multifamily and commercial
establishments not only have a recyling program in place, but it would also mandate that recyclables
be recycled. Multifamily and commercial establishments would receive fines if recyclables were
found comingled with their solid waste or vice versa. The County Code (Section 15-2.5) gives the
City the authority to establish and enforce its own Ordinance, provided such Ordinance is equivalent
to or more stringent that the County's provisions.
Single-family homes and multifamily buildings with eight (8) units or less are already provided weekly
recycling services via Miami-Dade County's Curbside Recycling Program, which was done through
an Inter-Local Agreement (Agreement) entered into on June 14, 1990. The Agreement authorizes
the County to act on the City's behalf in the administration of the contract for this recycling service in
the areas of municipal jurisdiction. The current number of households served by Miami-Dade
County within the City of Miami Beach is 6,498 units. The contractor that currently provides the
service to Miami Beach through the Agreement is World Waste Services.
Commercial facilities and multifamily residences with nine (9) or more units are required by Miami-
Dade County to hire, by means of a contract, a private hauler for their regular trash pick-up,
recycling and bulk pick-up. Miami-Dade County Code Chapter 15 entitled "Solid Waste
Management", Sections 152.2 through Sections 15-2.5 requires the following:
a Owners/Propertyowners of commercial establishments in Miami-Dade County must provide
a recycling program for their employees and tenants, using the services of an authorized
waste hauler or private recycling hauler.
The program must recycle three (3) items from the following list of ten (1 0): high-grade office
paper, mixed paper, corrugated cardboard, glass, aluminum, steel, other scrap production
metals, plastics, textiles, and wood.
Modified Recycling Programs - those that incorporate modifications, substitutions or
reductions to the requirements stated above - may be submitted to the Department of Solid
Waste Management for review and approval.
DEMOGRAPHICS
The City has approximately85,536 residents, and 66,327 total households; of which approximately
6,498 households are on City solid waste and recycling service, which would be excluded from the
requirements of this Ordinance. The remaining 60,000 units are contained in approximately 1,500
multifamily residential buildings with eight (8) units or more, which would be subject to the
parameters of the multifamily residential component of the ordinance. The City has approximately
3,624 commercial units.
CURRENT ENFORCEMENT
On September 1, 2009, the Miami-Dade County Multifamily and Commercial Recycling
Memorandum of Understanding (MOU) between the City of Miami Beach and Miami-Dade County -
Department of Solid Waste Management (SWM) was approved. Under the MOU, the County
agrees to enforce recycling under County Code Chapter 15, Sections 15-2.2 through 15-2.5 within
the City of Miami Beach. When facilities are found to not have a recycling program, the County
issues the offending party a warning notice followed by a notice of violation that may include fines as
delineated in Miami-Dade Code Chapter 8CC -entitled "Code Enforcement". In 2007-08, the County
collected a total of $1 1,550 in fines Countywide for non-compliance with their recycling ordinance.
On March 29,2010, the City provided Miami-Dade County Solid Waste Management (SWM) with a
list of 434 addresses from the waste haulers' multifamily and commercial accounts that were not
recycling. In August 201 0, the County initiated a proactive inspection approach to enforcement.
City Commission Memo - Recycling Ordinance, Second Reading
October 10, 201 I
Page 3 of 7
Since August 2010, the County has inspected a total of 203 multi-family residences and 27
commercial establishments. If facilities were found to not have a recycling program, the facilities
were issued a warning notice followed bya notice of violation that may include fines delineated in
Miami-Dade Code Chapter 8CC entitled "Code Enforcement". However, in October 2010 the
County returned to a compliant-driven approach with an emphasis on education. In January 201 1,
the City franchise waste haulers provided the Public Works, Sanitation Division, with an updated list
of Miami Beach commercial facilities and multifamily residences that do not have a recycling
program in place. The list included the 1,558 establishments previously noted, which represents
30% of known commercial and multifamily accounts that are estimated not to have a recycling
program. The percentage of non-compliant facilities that have received fines since January 201 1 is
unknown. Based on SWM complaint-driven approach that focuses more on education than issuance
of fines, this number is anticipated to be low.
PROGRAM ANALYSIS
The proposed Ordinance seeks to establish a comprehensive and aggressive Citywide Recyling
Program for multifamily residences and commercial establishments. The proposed Ordinance, is
more stringent than the County's requirements because it expands the scope of required recylables.
The City would develop a process by which all multifamily residences with nine (9) units or more
would be required to use a single-stream recycling process that includes all five (5) of the following
recyclable materials: newspaper, glass, metal food and beverage containers, other metal containers,
and plastics. In addition, at least three (3) of the following recyclable materials must also be
recycled: corrugated cardboard, magazines and catalogs, telephone books, office paper or organic
material. Commercial establishments would be required to recycle at least three (3) materials from
the following: mixed paper, glass, metal food and beverage containers, other metal containers,
plastics, textiles, wood or organic materials.
The proposed Ordinance stipulates that it is a violation for multifamily residences or commercial
establishments to have recyclable materials in any place other than in a recycling container. In
addition, the existence of recyclable materials inside a recycling container for seven (7) consecutive
days constitutes evidence that a multifamily residence or commercial establishment is not providing
regular recycling service that would be required by the provisions of this ordinance. In addition, the
absence of recyclable materials in a recycling container for seven (7) consecutive days constitutes
evidence that a multifamily residence or commercial establishment is not separating recyclables
from their solid waste stream and is thus in violation of the provisions of theordinance.
Enforcement of the proposed Ordinance would require recycling inspectors to inspect the contents
of both the solid waste and recycling containers in order to ascertain compliance. These
enforcement efforts can be driven on a complaint basis, through a proactive inspection schedule, or
through a combination approach. The Sustainability Committee recommended that a hybrid
approach be utilized to achieve the greatest level of complance.
The proposed Ordinance also includes a "red tag" noticing system. Waste contractors and recycling
contractors are required to notify their customers with a "red tag" identifying incorrect materials found
in the either the solid waste or recycling container. After issuing two (2) tags, the contractor may
refuse collection service and include on the subsequent tag a description of the action that must be
taken for the materials to be collected. If the recycling contractor continues to find incorrect materials
in a collection container, it is required to report the customer that has violated the separation
requirements to the City. The proposed Ordinance provides that the contractorwould be subject to
fines and penalities if it collects such commirgled materials and waste.
According to the parameters of the proposed recycling Ordinance, if commercial establishments,
multifamily residences, or waste haulers are found to be in non-compliance with the proposed
amendments, the following penalties woulrl be prescibed:
City Commission Memo - Recycling Ordinance, Second Reading
October 10, 20 1 1
Page 4 of 7
a) For the first violation, a warning or a fine up to $350.00.
b) For the second violation, a fine of up to $500.00.
c) For the third violation, a fine of up to $1,000.00.
d) For the fourth and subsequent violations, a fine of up to $5,000.00.
The proposed Ordinance does not include a fine accrual provision, which is found in many of the
City's similar fine structures. The Administration recommends that the Committee explore the
possibility of adding an accrual provision to encourage compliance.
The proposed Ordinance calls for one (1) year of Public Education Program followed by a six (6)
month warning period before penalties would be issued. During the education and outreach period,
the City would implement an aggressive public education campaign to inform the public of the new
requirements. This would entail comprehensive community outreach through the Chamber of
Commerce, local schools, business associations, and homeowner and condominium associations.
In addition, the City would disseminate information about the new program through TV, website,
social media, and printed media. After the year of extensive education and outreach, the six (6)
month warning period (or pre-full implementation period) would take place, where only warning
notices without monetary fines would be issued.
In addition to the outreach and educational efforts associated with a program of this magnitude, the
proposed Ordinance also includes an educational "tag program." The City would require recycling
contractors to place informational tags and/or stickers on the recycling dumpsterto further educate
the public regarding allowable recyclable materials and proper recycling procedures. Only after the
education and warning period are complete (1 8 months from commencement of the program) would
the City issue Notices of Violation with accompanying monetary fines to companies and/or
individuals that fail to adhere to the provisions of thisordinance.
The proposed Ordinance has been reviewed, analyzed, and commented upon by the Sustainability
Committee (at its October 201 0 and November 2010 meetings). Two (2) versions of the Ordinance
were presented for review and consideration by the Land Use and Development Commmittee
(LUDC): Option "A is the version developed by Administration and Option "B" is the version
developed by the Sustainability Committee.
The only significant differences that emerged between the Administration's version (Option "A) and
the Sustainability Committee's version (Option "B") were:
1. The dollar amount of the fines. The Sustainability Committee's recommendation for first and
second offenses did not include a warning and the dollar amounts were higher; and
2. The duration of the overall warning period. The Sustainability Committee recommended a
three (3) month warning period instead of a six (6) month warrning period during which only
warning citations and not actual monetary or other penalties would be issued.
On December 12,2010, the LUDC passed a motion recommending Option "A", theAdministrationls
version of the Ordinance, and moved it to the Finance and Citywide Projects Committee (FCWPC)
for discussion.
On June 23, 201 1, the FCWPC passed a motion recommending that the City Commission pass
Option "A" with the stipulation that the program is revenue neutral, and is funded through the
commercial waste hauler contributions and/or Sanitation Reserves. The FCWPC also required that
no funding from the General Fund be used to support the Recycling Program. To be revenue-
neutral, the enforcement needs to be more complaint driven than pro-active inspection. Therefore,
the Ordinance as written must be modified.
City Commission Memo - Recycling Ordinance, Second Reading
Ocfober 70, 207 7
Page 5 of 7
PROGRAM COMPARISONS
Staff conducted research to identify and compare similar programs established in other
municipalities across the US. Some of the cities contacted included the localities of Austin, Texas;
Gainsville, Florida; Miami-Dade County; Montgomery County, Maryland; San Diego, California; San
Fransisco, California; and Seattle, Washington.
Levels of community compliance and enforcement vary between municipalities. For example, when
Seattle began its mandatory recycling program, there was a high level of compliance from the
beginning; more than 90% of Seattle's 150,000 apartments and businesses complied with the
requirements of the new ordinance within weeks of implementation without the issuance of fines.
Similarly, San Francisco has seen an approximate 55% rate of compliance with its mandatory
composting and recycling ordinance. San Francisco publicized that it would be strictly enforcing
multifamily composting and recycling in order to increase the public dialogue; however, their focus is
still mainly on compliance through outreach rather than issuance of fines.
Jurisdictions such as Gainesville, Austin, San Diego and Montgomery County have focused efforts
on providing education and extensive technical assistance rather than issuing fines to achieve
compliance. Gainesville has concentrated its efforts on a comprehensive educational campaign that
includes onsite assessment and recycling guidance to its residents and businesses. However,
Gainesville is planning to begin attaching fines to facilities' electric bills in order to increase recycling
compliance.
Similarly, Austin's current ordinance includes a fine of $500 per day. To date, Austin has elected to
focus on education rather than to issue fines for non-compliance. However, Austin is in the process
of developing a more stringent ordinance with stricter enforcement and fines, which is scheduled to
come into effect in October 2012.
Montgomery County has been focusing their efforts on providing education and technical assistance
to multifamily residences and commercial facilities. These facilities are required to complete an
Annual Waste Reduction Report that estimates the amount of recyclable material generated
annually. This allows Montgomery County to conduct audit inspections to verify the Waste
Reduction Report and determine if the facility requires further technicalassistance. If outreach is
found to be unsuccessful, Recycling Investigators respond with verbal warnings followed by
citations; however, further fines and enforcement is uncommon.
The research also showed that the program staffing levels at a number of the locations varied in
terms of the scope of work and goals. Programs varied from a staff of four (4) Waste Diversion
Planners in Austin, Texas to more complex programs such as Montgomery County, which has a
total of 18 employees (1 Section Chief, 2 Program Coordinators, 2 Compliance Managers, 1
Community Outreach Coordinator, 8 Educational Specialists, and 4 Recycling Investigators). San
Fransisco's recycling and composting program relies heavily on community volunteers to conduct
door-to-door neighborhood outreach. In addition, San Fransisco received funds from the Federal
Stimulus Package Jobs Now program that allowed it to employ 50 Environmental Outreach
Assistants, whose duties included various environmental initiatives including recycling outreach.
From the Jobs Now program, 18 Outreach Assistants have remained as full-time employees and
now supplement the Zero Waste Division's 1 1 employees (3 Residential Recycling Coordinators, 3
City Governement Recycling Coordinators, 3 Commerical Recycling Coordinators, 1 Construction &
Demolition Recycling Coordinator, and 1 Division Program Manager).
STAFFING REQUIREMENTS- CITY ORDINANCE (OPTION A]
Based on the requirements and parameters set forth in the proposed Ordinance, Code Compliance
Officers (CCO) would need to inspect and assess 3,624 commercial units and approximately 1,500
multifamily residential buildings with more than eight units in order to determine compliance.
City Commission Memo - Recycling Ordinance, Second Reading
October 10, 201 I
Page 6 of 7
Staff has had several discussions regarding the level of enforcement that would be required for this
proposed Ordinance and how to effectuate inspections to encourage compliance. In order to
achieve the level of compliance expected to be achieved with this Ordinance, the Administration
would recommend quarterly pro-active inspections for the commercial establishments, and is
assuming a 50% compliance rate, which would require additional inspections for non-compliance.
For the multifamily residential buildings, the Administration would recommend two (2) proactive
inspections per year, again with a 50% compliance rate assumption, and additional inspections for
non-compliance. These assumptions do not include any inspections required as a result of
complaints or as notices provided by the haulers based on their observations and issuance of "red
tag" warnings. Variation from this implementation plan would impact the estimated staffing
requirements, operational costs and potential revenue from fines presented herein
It should be noted that recycling Ordinance enforcement staffing would be done with additional
positions, not within the current staffing plan of the Code Compliance Divison of the Building
Department, as current staff does not have the capacity to implement this program with current
Code Compliance demands. An additional administrative support position would also be required in
order to implement this program.
Using the assumptions outlined above, a total of eleven (1 1) additional full-time staff would be
required in the Code Compliance Division to effectively address the parameters of the proposed
recycling Ordinance. This includes nine (9) CCOs, one (1) Recycling Manager, and one (1)
Administrative Aide I. The CCOs would be deployed by zones (South, Middle, and North), reporting
to a Recycling Administrator, who in turn would report to a Recycling Manager. Assignments would
be adjusted based on workloads. The Recycling Managerwould be responsible for supervising the
program and coordinating continued community outreach and education efforts.
The ongoing annual operating costs are projected to be approximately $630,611. This includes
salaries and fringe benefits associated with full-time employment in the amount of approximately
$592,993 as well as minimal operating costs in the amount of $37,618. This estimate does not
include one-time costs such as the purchase of computers, vehicles, and office furniture, which are
estimated to be in the range of $1 23,600, for a total implementation cost of approximately $754,235.
Attachments B and C outline the projections for staffing and operating costs.
It should be noted that the staffing and operating costs associated with this program can be phased
in, as the educational program and initial warning period would be for a combined period of 18
months. Thus, the entirety of the costs would not need to be funded at the inception of the program.
POTENTIAL RECOVERY OF EXPENDITURES 1 ISSUANCE OF FINES
It is difficult to estimate the revenues generated from fines collected by implementing such a
program, as there is no experience with a strictly enforced recycling program. The Administration
projects a 50% compliance rate, based on data obtained from the County; the County reports a 47%
compliance rate on their ordinance. Assuming a 33% collection rate on the fines issued to the 50%
of the non-compliant commerical and multifamily units, the City would collect approximately
$550,000 with this program. The 33% is the averageltypical collection rate for code compliance
violations. Attachment C also outlines these projections.
If fine collection turns out to be higher than anticipated, the revenue stream would increase. Of
course, the reciprical is also true. Additionally, if compliance is greater than anticipated, which would
be the ultimate goal of the program, the revenues would be less than anticipated.
City Commission Memo - Recycling Ordinance, Second Reading
October 10, 201 1
Page 7 of 7
PUBLIC EDUCATION PROGRAM
The proposed Ordinance specifies that the City would establish a Public Education Program that
informs the public of the new requirements and provides guidance on proper recycling procedures.
An exensive twelve (12) month education and outreach period will then be followed by a six (6)
month warning period before penalties would be issued. In order to maximize the success and
exposure of the Public Education Program during this period, prior to commencing enforcement, it is
recommended that a consultant be retained to communicate the new Recycling Program to the
community. The consultant can assist the Citywith developing a marketing plan, designing effective
educational materials, and administering workshops and creating information packages for
commercial and multifamily facilities.
FUNDING
Recommend funding for FY2012 Public Education Program to be provided from the waste haulers
contributions or through Sanitation Reserves. A source of funding for the enforcement component
of the Recycling Program has yet to be identified, other than the revenues discussed herein
associated with the fines.
CONCLUSION -.
The Administration recommends that the Mayor and City Commission open and continue the item.
The modified Ordinance was approved by the City Commission on first reading on July 13,201 1 and
referred to the FCWPC between first and second reading. The FCWPC at its meeting on
September 26, 201 1, referred the Ordinance to the Sustainability CommitteeIRecycling Sub-
committee.
Attachments:
A. Proposed Recycling Ordinance
B. Staffing Requirement Analysis
C. Recycling Ordinance Fiscal Analysis
DRBIHM FlRSAlFHBIRWSlESW
T:\AGENDAPOI 1\10-19-1 I\Recycling Ordinance Memo.doc
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MlAMl BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE MlAMl BEACH
ClTY CODE, ENTITLED "SOLID WASTE," BY AMENDING THE DEFINITIONS
IN ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 90-2,
ENTITLED "DEFINITIONS"; BY AMENDING ARTICLE 11, ENTITLED
"ADMINISTRATION" BY AMENDING THE PENALTIES FOR SOLID WASTE
VIOLATIONS AND TO PROVIDE PROVISIONS AND PENALTIES RELATIVE
TO RECYCLING FOR MULTIFAMILY RESIDENCES AND COMMERCIAL
ESTABLISHMENTS; BY CREATING ARTICLE V, TO BE ENTITLED
"CITYWIDE RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND
COMMERCIAL ESTABLISHMENTS," TO PROVIDE PROVISIONS FOR
RECYCLING REQUIREMENTS AND ENFORCEMENT, A PUBLIC
EDUCATION PROGRAM, A WARNING PERIOD, AN ENFORCEMENT DATE,
COLLECTOR LIABILITY, A "RED TAG" NOTICING SYSTEM, PENALTIES,
AND SPECIAL MASTER APPEAL PROCEDURES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, nearly everything we produce, use or consume leaves behind some kind of
waste and the treatment and disposal of waste can be a source of water, land, and air pollution;
and
WHEREAS, by managing solid waste and conserving material resources through
reduction, reuse, and recycling, the City will help minimize impacts to the quality and safety of
the local environment, reduce costs of waste disposal and decrease the carbon foot print
associated with the production and the use and disposal of materials; and
WHEREAS, the recycling of recyclable materials is in the best interest of the
environment, the residents, and the environmental footprint of the City of Miami Beach; and
WHEREAS, the City seeks to establish a Citywide Recycling Program for multifamily
residences and commercial establishments that provides standards that are equivalent to or
exceed the minimum recycling requirements of Miami-Dade County; and
WHEREAS, pursuant to Sections 15-2.5 and 15-2.7 of the Miami-Dade County Code,
the City and Miami-Dade County have agreed that the following Citywide Recycling Program
meets the minimum standards set forth in section 15-2.6 of the Miami-Dade County Code and
have accordingly entered into a Memorandum of Understanding so that the City may implement
said Program.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND ClTY
COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article I, entitled "In General," of Chapter 90 of the Miami Beach City Code,
entitled "Solid Waste," is hereby amended as follows:
CHAPTER 90
SOLID WASTE
* * *
ARTICLE I. IN GENERAL
Sec. 90-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning: * * *
Commercial establishment means an establishment dealing in an exchange of goods or
services for money or barter. For purposes of this chapter, the term shall include churches,
synagogues and schools.
Multifamily residence means a building occupied or intended to be occupied by two (2)
or more families living separately, with separate kitchens in each unit.
Offense means a notice of violation that has not been appealed timelv or a finding of a
violation bv a special master following the appeal of a violation.
Premises means real propertv and includes anv buildings or structures thereon.
* * *
Recyclable materials means those materials capable of being recycled and which would
otherwise be processed or disposed of as solid waste. Any recyclable material mixed with solid
waste shall be considered to be solid waste.
Recycling means any process by which recyclable materials are collected, separated, or
processed to be reused or returned to use in the form of raw materials or products.
Recycling container means a container approved by the city manager for collection of
recyclable material by a recycling contractor.
Recycling contractor means a private contractor licensed bv the city who collects
recyclable materials and transports same to a state or county-licensed recycling facility for
processing. Recvcling contractors must provide their customers with a separate recvcling
container for recvclable materials.
I Sinale-stream recyclinq means a process bv which certain recvclable materials are
mixed together instead of being sorted into separate recvcling containers in the collection
process.
SECTION 2. That Article II, entitled "Administration," of Chapter 90 of the Miami Beach City
Code entitled "Solid Waste," is hereby amended as follows:
CHAPTER 90
SOLID WASTE
ARTICLE II. ADMINISTRATION
Sec. 90-36. Enforcement of chapter; notice of violation.
(a) The city manager is hereby authorized and directed to enforce all the provisions of
this chapter regulating and governing the accumulation, collection, and disposal of solid waste.
The city manager shall have the power to delegate duties to employees working under his I authority lincludina, without limitation, the citv's ~ublic works director) in the enforcement of the
provisions of this chapter.
(b) Upon presentation of proper credentials, an inspector designated by the city
manager may enter any building, structure, lot or other premises for the purpose of inspection,
or to prevent violations of this chapter.
(c) The existence of solid waste shall be prima facie evidence that the same was
created or placed there by the occupant of the dwelling or commercial establishment; or the
owner; or the operator or manager. The existence of the same garbage inside the same
garbage containers for four (4) consecutive days upon premises serviced by a private waste
contractor shall be prima facie evidence of a violation of this chapter by the contractor. For
purposes of this section premises serviced by a private waste contractor shall not include
accounts that have been discontinued by the contractor when notice of discontinued service has
been mailed to the owner, occupant; or operator or manager, as well as to the city, prior to the
accumulation of the garbage.
(d) Whenever a designated city inspector observes a violation (or violations) of this
chapter regardinn solid waste or an accumulation of solid waste that creates a health hazard,
environmental hazard, or nuisance, the inspector shall order the violation(s) to be corrected
within a specified period of time by serving a written notice of violation(s) upon the person
causing, or responsible for, such violation and/or health hazard, environmental hazard, or
nuisance. Such person shall immediately cease or abate the violation(s).
(e) lFke notice of violation shall be served personally or by certified mail upon the
ropertv owner or upon the person0 in lawful possession of the premises, andlor upon the 1 & waste contractor servicing the premises. If the person addressed with such notice
cannot be found by the city after making reasonable good faith effort, such notice shall be sent
by certified mail to the last known address of such person, and a copy of the notice shall be
posted in a conspicuous place on the premises. Such notice shall be deemed the equivalent of
personal service.
(f) The notice shall specify any fine(s) that may be due in connection with the
violation(s), the time specified by the inspector to correct the violations, and the procedure for
timely payment or appeal of the fine@).
(g) If the inspector determines that the conditions constitute an immediate threat to the
health, safety or welfare of the public, helshe may order the immediate correction of the
violation(s) at the expense of the occupant; owner; or operator or manager and the city shall
have the right to recover such expenses as provided in section 90- 4-36 37.
(h) The enforcement of the recvclins requirements for the citywide recycling prosram for
multifamily residences and commercial establishments provided for in Article V of this chapter,
l and the penalties for violations of Article V, are ~rovided in sections 90-345 and 90-347 through
90-348 of this chapter.
Sec. 90-37. Removal of waste by city; penalties for violations.
If the person served with a notice of violation pursuant to section 90-36 does not correct
the violation within the specified time, the city manager may do the following:
(1) For violations involving failure to remove solid waste, the city manager may
cause the waste to be removed from the premises and charge the actual costs to
the owner; occupant; or operator or manager, on a force account basis. Any fine
due pursuant to section 90-39 or 90-40 shall also be charged to the owner;
occupant; or operator or manager. Failure to pay such costs and fines or to
appeal pursuant to section 90-38 within fifteen (15) days of receipt of the notice
shall result in the imposition of a lien upon the property, in the amount of such
costs and fines. Such liens shall be treated as special assessment liens against
the subject real property and, until fully paid and discharged, shall remain liens
equal in rank and dignity with the lien of ad valorem taxes, and shall be superior
in rank and dignity to all other liens, encumbrances, titles and claims in, to or
against the real property involved. Such liens shall be enforced by any of the
methods provided in Ch. 86, Florida Statutes; or, in the alternative, foreclosure
proceedings may be instituted and prosecuted under the provisions of Ch. 173;
Florida Statutes; or the collection and enforcement or payment thereof may be
accomplished by any other method authorized by law. The owner; occupant; or
operator or manager shall pay all costs of collection, including reasonable
attorneys fees incurred in the collection of fines, and other charges, penalties,
and liens imposed by virtue of this chapter.
(2) For violations of this chapter for which no fine is specified in sections 90-39
and 90-40, the city attorney may prosecute the violators pursuant to section 1-14.
Fines for such offenses shall be as follows:
a. First offense, $350.00.
b. Second offense, $500.00.
c. Third offense, $1,000.00.
d. Fourth or subsequent offense, $5,000.00.
(3) For violations which present a serious threat to the health, safety or welfare
of the public and/or violations that
subsequent offense by the same violator, the city ci+tawy may seek injunctive
relief and/or, in the case of commercial establishments, revoke the business tax
receipt and/or certificate of use of the establishment and/or premises.
Sec. 90-38. Appeal to special master.
(a) Any person receiving a notice of violation pursuant to section 90-36 and/or ¬ice
of fine pursuant to sections 90-39 and/or 90-40 may request, within fifteen (15) days of receipt
of the notice, an administrative hearing before a special master, appointed as provided in article
II of chapter 30, to appeal the decision of the city inspector resulting in the issuance of the
notice. Procedures and application fee for the scheduling and conduct of the hearing shall be as
provided in sections 102-384 and 102-385. Failure to appeal within the prescribed time period
shall constitute a waiver of the violator's right to an administrative hearing. A waiver of the right
to an administrative hearing shall be treated as an admission of the violation, as noticed, and
fines and penalties may be assessed accordingly.
(b) Timely filing of a notice of appeal pursuant to this section shall toll the imposition of
a lien pursuant to section 90-37 or 90-136, or enforcement procedures pursuant to section 90-
36, until thirty (30) days after the issuance of a written determination by the special master. Any
amounts of money due the city pursuant to such determination must be received by the city
within thirty (30) days after the issuance of the determination, or a lien shall be imposed upon
the property in question, and any other enforcement or collection procedures commenced, as
provided by this chapter or under state law.
SECTION 3. That Article V, to be entitled "Citywide Recycling Program for Multifamily
Residences and Commercial Establishments," of Chapter 90 of the Miami Beach City Code,
entitled "Solid Waste," is hereby created as follows:
CHAPTER 90
SOLID WASTE
ARTICLE V. CITYWIDE RECYCLING PROGRAM FOR
MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS
Sec. 90-340. Recvcling required for multifamilv residences.
As of DATE NOTE: DATE SHOULD BE ONE YEAR FROM EFFECTIVE 1 DATE OF OR'DINANCE]. multifamilv residence shall be required to use a single-stream
recycling process to recvcle recyclable materials and everv multifamilv residence shall be I serviced bv a citv and state licensed recvcling contractor.
(a) At a minimum, multifamilv residences must recvcle at least five (5) of the
recvclable materials listed below:
I IJ Newspaper- used or discarded newsprint, including anv qlossv inserts;
21 Glass- glass iars, bottles, and containers of clear, green or amber
/brown) color of any size or shape used to store and/or packaqe food and
beverage products for human or animal consumption, and/or used to
package other products, which must be empty and rinsed clean of
residue. This term excludes ceramics, window or automobile glass,
mirrors, and liqht bulbs;
Metal food and beverage containers- all ferrous and nonferrous (i.e.
including, but not limited to, steel, tin-plated steel, aluminum and bimetal)
food and beverage containers (i.e. including, but not limited to, cans,
plates, and trays) of any size or shape used to store and/or package food
and beverage products suitable for human or animal consumption, which
must be empty and rinsed clean of residue;
3 Other metal containers- all other ferrous and non ferrous containers used
to package household products including, but not limited to, paint cans
and aerosol cans, which must be empty and rinsed clean of residue;
Plastics- all high densitv polyethylene (HDPE) and/or polyethylene
terephthalate (PET) bottles, iugs, iars, cartons, tubs, and/or other
containers, and lids, of any size or shape used to package food,
beveraaes, and/or other household products, or crankcase oil, which must
be empty and rinsed clean of residue. This term excludes all plastic film,
plastic bags, vinyl, rigid plastic (i.e. toys), and plastic foam materials; and
At least three (3) of the following recyclable materials:
11 Cardboard - clean, unwaxed corrugated cardboard boxboard and/or
similar corrugated and kraft paper materials; food, beverage, and/or other
household cardboard boxes, cartons and/or other containers (i.e. cereal
boxes, paper egg cartons, rolls, and bags, milk, iuice and other beverage
cartons and/or boxes, spiral-wound containers such as orange iuice,
dough and ~otato chip containers, tissue boxes, and toilet tissue and
paper towel rolls); and any other corrugated and/or non-corrugated
materials made from cardboard, all of which must be empty and cleaned
of excessive amounts of contaminant such as adhesives, metals and
plastics;
21 Magazines and catalogues;
Telephone books andor directories,
Ofice paper -used or discarded high-grade white paper and Manila
paper including, but not limited to, paper used for file folders, tab cards,
writing, typing, printing, computer printing, and photocopving (i.e. writing
paper, stationary, letterhead, notebook paper, copier paper, typing paper,
tablet sheets, computer print- out paper, and all paper of similar qualitv);
regular mail and junk mail: envelopes without wax liners or adhesive
labels; and paper gift wrap and cards. This term shall not include carbon
paper, self carbonizing paper, coated or glossy paper, and envelopes
with windows or adhesive labels.
Organic Materials - A multifamily residence that recycles organic materials in a separate
bin that is serviced by a city licensed recycling contractor shall be deemed to satisfy one of the
three(3) recyclable materials options in this subsection (b). The following items shall be
deemed to be organic materials for purposes of this section: All food materials, including but
not limited to fresh, frozen, dried, cooked and prepared foods and leftovers; fruit and vegetable
scraps; pasta, bread, and cereal; meat and fish products; egg shells; coffee grinds and filters;
and tea baas.
1
Sec. 90-341. Recvcling reauired for commercial establishments.
As of ( DATE ) [NOTE: DATE SHOULD BE ONE YEAR FROM EFFECTIVE
DATE OF ORDINANCEI, everv commercial establishment shall be reauired to recycle
recvclable materials and shall be serviced bv a city and state licensed recvcling contractor, or
the citv. At a minimum, commercial establishments must recvcle at least three (3) recvclable
materials from the list below:
I
IJ Newspaper; Cardboard; Magazines and catalogues; Telephone books and/or
directories; and Ofice paper - (with said terms having the same definitions, and
including the same tvpe(s) of recvclable materials as provided in Sections 90-
340(a) and (b) hereof2;
21 Glass - (with said term having the same definition and including the same type(s2
of recyclable materials as provided in Section 90-340(a) hereof);
Metal food and beverage containers - (with said term havinq the same definition
and including the same tvpe(s) of recvclable materials as provided in Section 90-
340(a) hereon;
Other metal containers - (with said term having the same definition and including
the same tvpe(s) of recvclable materials as provided in Section 90-340(a) hereof,
but also, for purposes of this subsection(4), including scrap metal, which shall
mean used or discarded items suitable for recycling, consisting predominantlv of
ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel or allovs
thereof including, but not limited to, bulk metals such as large metal fixtures and
appliances (including white aoods such as washing machines, refrigerators, etc.),
but excluding metal containers utilized to store flammable or volatile chemicals,
such as fuel tanks.;
Plastics - (with said term having the same definition and including the same
tvpe(s) of recvclable materials as provided in section 90-340(a) hereof);
Textiles; a Wood - clean wood waste and/or pieces generated as bvproducts from
manufacturing of wood products and wood demolition waste 0.e. lumber,
plvwood, etc.) thrown awav in the course of remodeling or construction. It
excludes clean vard waste and clean waste (i.e. natural vegetation and minerals
such as stumps, brush, blackberry vines, tree branches, and associated dirt,
sand, tree bark, sand and rocks), treated lumber, wood pieces, or particles
containing chemical preservatives, composition roofing, roofing paper, insulation,
sheetrock, and glass,
Orqanic Materials - A commercial establishment that recvcles organic materials (as
defined in Section 90-340 hereof) in a separate bin that is serviced bv a citv licensed recvcling
contractor shall be deemed to satisfy one of the three(3) recvclable materials options in this
subsection.
Sec. 90-342. Unauthorized collection of designated recvclable materials.
I Onlv those recycling contractors that have been authorized bv the citv and the state to
collect designated recvclables in the citv shall be authorized to collect recvclable materials
under this article.
Sec. 90-343. Public education program; warning period and enforcement date.
aJ Beainning ( DATE ) CNOTE: DATE SHOULD BE 10 DAYS AFTER
ADOPTION OF ORDINANCEI, the city shall engage in public education efforts and
the city shall not prosecute individuals who unknowinglv fail to separate recvclable
I materials from all other solid waste materials required to be separated bv this article
until as provided in subsections (d) and (e) of this section.
I
b) All recvcling contractors must appropriatelv designate the recvclina collection
containers they provide to customers. The containers must contain the appropriate
signage and information, as shall be established and approved by the citv pursuant
to subsection (c) below, that allows users to clearlv and easilv identifv the container
for recvcling.
Hc) The citv shall establish an educational tag proqram wherebv appropriate
information, in the form of tags, stickers, or other signage approved bv the citv
manager, shall be required to be placed on all recvcling containers, informing the
public of proper recyclable materials and procedures. The citv shall also provide
information on its website regarding what materials are acceptable as recvclables
under this article.
dJ Beginning f DATE ) [NOTE: DATE SHOULD BE ONE YEAR FROM
EFFECTIVE DATE OF ORDINANCE1 the citv shall provide for a six (6) month
warning period, through and including f DATE ) [NOTE: DATE SHOULD BE
18 MONTHS AFTER EFFECTIVE DATE OF ORDINANCEI, in which warninq tickets
shall be issued to persons who fail to separate recvclable materials from solid waste,
regardless of knowledge or intent.
&e) Beginning ( DATE ) [NOTE: DATE SHOULD BE 18 MONTHS AND 1
DAY AFTER EFFECTIVE DATE OF ORDINANCEI, this article shall be enforced
and penalties shall be applied and imposed for violations of this article.
Sec. 90-344. Liabilitv of contractors.
a) All recycling contractors shall complv with all applicable state and city laws and I regulatins. Anv recvclinq contractor who reasonablv believes that a person from whom
helshelit collects has violated the separation requirements of article V of this chapter, shall not I collect the same, and shall notifv the director of public works to report the violation. If the
contractor collects such waste, the fines and penalties set forth in sec. 90-347 shall be issued I and imposed against himlherlit. Additionallv, contractors shall assist and notifv the director of
public works in identifvina persons that unlawFullv mixed solid waste with recvclable materials,
which were later delivered to a resources recoverv facility, transfer station, landfill, or other solid I waste facilitv.
lb) "Red Tag" Noticing Svstem.
1) If a recvcling contractor finds materials that are not the correct tvpe as
designated for that container (such as recvclables in a sold waste
container, or solid waste in a recvcling container), the contractor shall then
leave a tag on the container identifyina the incorrect materials.
2) If the contractor continues to find incorrect materials in a collection
container after the contractor has left a previous tas for that customer and
that type of container, the contractor must leave another tan on the
container identifving the incorrect materials and send a written notice to (i)
the person and/or entitv who subscribes for that collection service, and (ii)
the director of public works.
3) If the contractor continues to find incorrect materials in a collection
container after the contractor has alreadv left two (2) or more tags for that
customer and that tvpe of container, the contractor mav refuse to emptv
the container. If the container is not emptied, the contractor must leave a
tan and send a written notice to (i) the person and/or entitv who
subscribes for the collection service, identifving the incorrect materials and
describing what action must be taken for the materials to be collected, and
lii) to the director of public works; provided, however, that a contractor
may not refuse on this basis to emptv containers from multifamilv or
commercial establishment properties with multiple tenants and ioint
account collection services.
4) The contractor shall, provide to the director of public works a list of the
names and addresses of those persons andlor entities who have received
tags or notices, or whose containers have not been emptied due to non-
compliance with this article, or copies of the taqs or notices issued bv the
contractor. The contractor shall also provide to the director, upon request,
a list of the names, addresses, and service levels of the contractor's
customers and anv additional information required bv the director.
Sec. 90-345. Enforcement.
la) The citv manager is herebv authorized and directed to enforce all the provisions of
this article regulating and qoverning the accumulation, collection, recvclina, and disposal of
recvclable materials. The citv manager shall have the power to delegate duties to emplovees
working under his authoritv in the enforcement of the provisions of this article.
/b) Upon presentation of proper credentials, an inspector designated bv the citv
manager mav enter any building, structure, lot, or other premises for the purpose of inspection,
or to prevent violations of this article.
lc) The existence of recvclable materials in anv place other than in a recvcling
container, shall be prima facie evidence that the same was created or placed there by the
occupant of the multifamilv residence or commercial establishment, or the owner, operator, or
manager of the premises. The existence of recvclable materials inside a recvcling container for
seven (7) consecutive days or more shall be prima facie evidence of a violation of this article bv
the recvclinq contractor. The absence of recvclable materials in a recvclinq container for seven
17) consecutive davs or more upon the premises shall be prima facie evidence of a violation of
this article bv the multifamilv residence or commercial establishment. For purposes of this
section, premises serviced by a recvcling contractor shall not include accounts that have been
discontinued bv the recvclinn contractor when notice of discontinued service has been mailed to
the owner, occupant, operator, or manager of the premises, as well as to the citv, prior to the
accumulation of the recvclable materials.
d) The director of the department of public works shall develop warning notices and I notices2 violation forms with which to impose penalties on violators that are in violation of this
I article. The city shall issue warning notices and notices of violations notices to propertv owners,
4s person(s) in lawful possession of the premises, or to the recvcling contractor servicing the I premises. In addition, contractors rnav issue warnings at the request of the director of the
department of public works.
(e) Whenever a designated citv inspector observes a violation (or violations) of this
article, or an accumulation of recvclable materials that creates a health hazard, environmental
hazard, or nuisance, the inspector shall order the violation(s) to be corrected within a specified
period of time bv serving a written notice of violation(s) upon the person causing, or responsible
for, such violation and/or health hazard, environmental hazard, or nuisance. Such person shall
immediatelv cease or abate the violation(s).
(f) A notice of violation shall be served personallv or bv certified mail upon the propertv
owner or the person(s) in lawful possession of the premises, or upon the recvcling contractor
servicing the premises. If the person addressed with such notice cannot be found bv the city
after making a reasonable good faith effort, such notice shall be sent bv certified mail to the last
known address of such person, and a copv of the notice shall be posted in a cons~icuous place
on the premises. Such notice shall be deemed the equivalent of personal service.
&.J) The notice shall specifv anv fine or penaltv that rnav be due in connection with the
violation(s), the time specified bv the inspector to correct the violation(s), and the procedure for I timely payment or appeal of the fine or penaltv.
/h) If the inspector determines that the conditions constitute an immediate threat to the
health, safetv or welfare of the public, the inspector may order the immediate correction of the
violation(s) at the expense of the property owner, occupant, operator, manager, or other I person(s) in lawful possession of the premises, and the citv shall have the right to recover such
expenses as provided in section 90-37.
Sec. 90-346. Exception.
A property owner mav seek a waiver from the director of public works of all or portions of
this article, if the applicant submits documentation, using a form specified by the citv that
includes a signed affidavit under penaltv of periuw, that shows that the property does not have
adequate storage space for containers for recvclables or solid waste or other hardship. In
cases where, after on-site verification, space or other limitations are determined to exist, the
director shall evaluate the feasibilitv of sharing containers for recvclables or solid waste with
contiguous properties, and, where feasible, rnav require container sharing in lieu of providing a
waiver, or such other suitable solutions as deemed appropriate bv the director.
I Sec. 90-347. Removal of Recvclable Materials bv Citv/Penalties.
I (1) For violations involving failure to remove recvclable materials from a recvcling
container bv a recvcling contractor, the citv manager mav cause the recvclable materials to be
removed from the remises and charge the actual costs of removal to the owner, occupant, I operator, manager, or other person(s) in lawful possession of the premises.
I /2) Penalties for violations of this article shall be as follows:
a. For the first violation. a warninq or a fine up to $350.00.
b. For the second violation, a fine of up to $500.00.
c. For the third violation, a fine of UD to $1,000.00.
d. For the fourth and subsequent violations, a fine of up to $5,000.00.
13) Anv penalty due pursuant to this article shall also be charged to the owner,
occupant, operator, manager, or other person(s) in lawful possession of the premises. Failure
to pav such costs and penalties, or to appeal pursuant to section 90-348 within fifteen (1 5) davs
of receipt of the notice of violation shall result in the im~osition of a lien upon the premises, in
the amount of such costs and ~enalties. Such liens shall be treated as special assessment
liens against the subject real ~ropertv and, until fullv paid and discharged, shall remain liens
equal in rank and dignitv with the lien of ad valorem taxes, and shall be su~erior in rank and
dignitv to all other liens, encumbrances, titles and claims in, to or against the real property
involved. Such liens shall be enforced by anv of the methods provided in Ch. 86, Florida
Statutes; or, in the alternative, foreclosure proceedings rnav be instituted and ~rosecuted under
the provisions of Ch. 173: Florida Statutes; or the collection and enforcement or pavment
thereof rnav be accom~lished bv anv other method authorized by law. The owner, occupant,
operator, or manager of the premises shall pav all costs of collection, including reasonable
attornevs fees incurred in the collection of fines, and other charges, penalties, and liens
imposed bv virtue of this chapter.
I
/4) For violations which present a serious threat to the health, safetv or welfare of the
public, and/or violations that constitute a fourth or subsequent offense bv the same violator, the
citv rnav seek iniunctive relief andlor, in the case of commercial establishments, revoke the I business tax receipt and/or certificate of use of the establishment and/or premises.
I
Sec. 90-348. Appeal to Special Master.
I (a) Anv ~erson receiving a notice of violation ~ursuant to this chapter mav request,
within fifteen (15) davs of receipt of the notice, an administrative hearing before a special
master, appointed as provided in article II of cha~ter 30, to appeal the decision of the citv
inspector resultina in the issuance of the notice. The ~rocedures and application fee for the
scheduling and conduct of the hearing shall be as provided in sections 102-384 and 102-385.
Failure to ap~eal within the prescribed time period shall constitute a waiver of the violator's right
to an administrative hearing. A waiver of the right to an administrative hearing shall be treated
as an admission of the violation, as noticed, and fines and penalties rnav be assessed
accordinglv.
(b) Timelv filing of a notice of appeal pursuant to this sectiou shall toll the im~osition of
a lien or enforcement procedures pursuant to section 90-347, until thirtv (30) davs after the
issuance of a written determination bv the special master. Anv costs or ~enaltv'amounts due
the citv ~ursuant to such determination must be received bv fie'citv within'lhirtv'(30) davs after
the issuance of the determination, or a lien shall be imposed upon the premises, and anv other
enforcement or collection procedures rnav be commenced, as provided bv this chapter or under - state law. .t)-
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 5. 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 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. EFFECTIVE DATE.
This Ordinance shall take effect the day of ,201 1
PASSED and ADOPTED this day of ,2011.
ATTEST:
MAYOR MATTI HERRERA BOWER
ROBERT PARCHER, CITY CLERK
I Underline denotes additions and denotes deletions.
F:WlTOWGUR\RESOS-ORD\Recycling Program Ordinance - Option A Administration Version (7-1-ll).doc
CITY OF MIAMI 'BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and public hearings will be held by the Maror and City Commission of thPCj:)
of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive. Miami Beach, Florida,
on WEDNESDAY, OCTOBER 19thm, 2011, to consider the following:
10:15 a.m. B
Amendments To The Rooflng Materlal Ordlnance
Ordlnance Amendlng The Land Development Regulatlons Of The Code Of The C~ty Of Mlam~ Beach. By Amendlng Chapter 142.
"Zonlng Dlstrlcts And Regulat~ons", Artlcle IV, "'Supplementary Dlstrlct Regulat~ons", SeGtlon 142-875 "Roof Replacements" To
Mpdlfy-And Expand,The'RequlrementS For Roohng Materlgis In All Dlstr~cts
lnqulrles may be dlrected to the Plannlng Department at (305) 673-7550.
Stay Of Work And Proceedlngs On Appeal
Ordlnance Amendlng The Land Devel~pment Regulatlons Of The Clty Code By Amendlng Chapter 118, "Admlnlstratlve And
Revlew Procedures," Article I!, "Boards," Dlvls~on 5. "Board Of Adjustment," Sectlon 118-137, "Stay Of Work And Proceedlngs On
Appeal," Clar~fylng And Amendlng The Stay Provlslons Appilcable To Matters On Appeai To The Board Of Adjustment
- *
lnqulrles may be dlrected to the Plannlng Department at (305) 673-7550.
10:25 a.m.
Qrdlnance Amendlng Chapter 10 Of The Mlam~ Beach Clty Code Entltled "Animals," By Amendlng Sectlon 10-1 1, Entitled "Runnlng
At Large Proh~b~ted" By Extendmg The Pllot Program Off-Leash Area For Dogs In South Potnte Park Untll January 1,2012 And By
Addlng *NO (2) Hours In The Evenlng From 5 00 p m To 7 00 p m On Monday Through Fr~day. Prov~dlng For An Of-Leash Area
On The Par 3 Golf Course From Sunrlse To 9 00 AM Dally And From 5 00 p m To 7 00 p m On Monday Through Fr~day Untll
Construction Commences On The Par 3 Golf Course
inquiries may be dlrected to the Parks and Recreation Department at (305) 673-7730.
i0:30 am,
Mlnlmum Unlt Slze And Parklng Requlrements For Affordable Houslng Projects.
An Ordlnance Amendlng The Code Of The Clty Of M~arn~ Beach. By Amendlng Chapter 130 "Off-Street Parklng," Sectlon 130-32
"Of-Street Parklng Requ~rements For Parklng D~str~ct No 1 ," And Sect~on 130-33 "Off-Street Parklng Requlrements For Parklng
Dlstncts Nos 2,3, And 4," By Addlng Parklng Requlrements For Houslng For Low Andlor Moderate Income Non-Elderly Persons.
Chapter 142 "Zonlng Dlstr~cts And Regulat~ons," By Amendlng Artlcle IV "Supplementary Dlstrlct Regulat~ons," By Amendlng
D~vlslon 6 "Houslng For Low And/or Moderate Income Elderly Persons," By lncludlng Non-Elderly Persons In The Regulatlons,
Amendtng Sect~on 142-1181, "Purpose." Sectlon 142-1182 "Defln~t~ons," Section 142-1183, "Unit Size." And Sectlon 142-1184
"Mandatory Crwrla:" Amendlhg Dlv~sion 3 "Resldentlal Multrfam~ly Dlstr~cts," Subttlv~s~on II "RM-1 Resldent~al MUittfamliy Low
Intens~tji" ~ubdlv~s~on IV "RM-2 Res~dent~al Muit~famlly, Medlum irftensrty," Subdtvls~on V. "RM-3 Resldent~ai Muit~fpn~ly, Hlgh
intenslty,"DlvlS~on 4. ':CD-1 Commerclal, Low lntenslty D~stnct," Dw121on 5. "CD-2 Commerc~ai, Medium intensity D~str~ct," Dwlslon
6 "CD-3 ~ommercl$: H~gh lntenslty Dl?nct," And Dlvlslon 18 'PS Performance Standard b~stnct," By lncludlng References To
Dlvlslon 6 "~oblng For Low And/or Moderate IncomeDlon-Elderly And Elderly Psrsons "
lnqulnes may be dlrected to the Plannlng Department at (305) 673-7550.
Recycllng Ordlnance
An Ordlnance Amending Chapter 90 Of The Mlaml Beach Clty Code, Ent~tled "Solld Waste," By Amendlng The Deflnltlons In Artlcie
I Entltied "in General," By Amendlng Sect~on 90-2, Entltled 'Defln~t~ons". By Amendlng Artlcle II, Entllied "Adm~nlstratlon" By
Amendlng The Penalt~es For Solld Waste Vioiat~ons And To Provlde Provlslons And Penalt~es RelatlveTo Recycitng For Multlfamliy
Res~dences And Commerclal Establlshments, By Creatlng Art~cle V, To Be Ent~tied "Cltywlde Recycilng Program For Multrfamlly
Residences And Commerc~al Establlshments," To Provlde Provls~ons For Recyctlng Requlrements And Enforcement, A Publlc
Education Program, A Warnlng Perlod, An Enforcement Date, Collector Llablilty, A "Red Tag" Notlclng System, Penaitles, And
Spec~al Master Appeal Procedures I 1nqu;ei may be dlrected to the Public Works Department at (305) 673-7616. ' I
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 City Clerk, 1700 Convention Center Drive, 1st Fioor, City Hall, Miami Beach, Florida
33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office. 1700
Convention Center Drive, 1st Floor, City Hall, and Miami Beach. Florida 33139. This meeting may be continued and under such
circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach ~
. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision
made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that
a verbatim record of the proceedings is made, which record includesthe testimony and evidence upon which the appeal is to be
based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant
evidence, no! does it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and1
or any accommodation to review any document or participate in any c~ty-sponsored proceeding, please contact (305) 604-2489
(voice), (305)673-7218m five days in advance to initiate your request. TTY users may also call 71 1 (Florlda Relay Service).
569
THIS PAGE INTENTIONALLY LEFT BLANK
OFFICE OF THE CITY AllORNEY
JOSE SMITH, CITY ATORNEY COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Membep of the City Commission
FROM: Jose Smith, City Attorn
CC: Jorge Gonzalez, City FIRST READING
DATE: October 19,201 1
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
ClTY OF MIAMI BEACH, FLORIDA, DELETING SECTION 2-27 OF THE
MIAMI BEACH CODE, ENTITLED "COMMISSION COMMITTEE
DRAFT MINUTES-CITY COMMISSION APPROVAL;" CREATING A
NEW SECTION 2-13 OF THE ClTY CODE, ENTITLED "COMMISSION
COMMITTEE DRAFT MINUTES-CITY COMMISSION APPROVAL;"
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
[Sponsored by Commissioner Ed Tobin]
At the July 1, 2011 City Commission Meeting, a discussion was had regarding City Code
Section 2-27, entitled "Commission committee draft minutes-City commission approval."
Commissioner Tobin raised the issue that the intent behind the creation of the aforestated Code
section was so that the mere acceptance of Commission Committee minutes at a subsequent
City Commission Meeting did not constitute binding directive of the City Commission as to any
requested action(s) to be taken and referenced in such minutes, UNLESS otherwise specifically
authorized and directed by the City Commission.
In order to effectuate the intent of the Code section, the Administration had instituted a policy of
separating Commission Committee minute items which sought or required approval--in order for
action to be taken thereon-- by "bolding" such items within the Committee report, and placing
them under the heading entitled, "Action."
Following discussion at the July 1, 201 1 Meeting, Commissioner Tobin made a motion, which
passed, stating that instead of "bolding" action required on Commission Committee reports (to
indicate further administrative action is required on a matter discussed at Committee), in the
future, a separate item be placed on the City Commission Meeting agenda, and that the
referenced action requested to be taken be passed by either a Resolution or motion approved
by a majority of the Commission.
Accordingly, the City Attorney's Office has prepared the attached corresponding amendment to
City Code Section 2-27, reflection the City Commission's directive.
F:\ATTO\AGUR\RESOS-ORDWEMOS\Commission Committee Draft Minutes Ordinance (First Reading 10-12-1 l).doc
Agenda Item R 5F
Date 10-17-11
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MlAMl BEACH, FLORIDA, DELETING SECTION 2-27 OF THE MlAMl BEACH
CODE, ENTITLED "COMMISSION COMMITTTEE DRAFT MINUTES-CITY
COMMISSION APPROVAL;" CREATING A NEW SECTION 2-13 OF THE ClTY
CODE, ENTITLED "COMMISSION COMMITTEE DRAFT MINUTES-CITY
COMMISSION APPROVAL;" PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION
OF THE ClTY OF MlAMl BEACH, FLORIDA as follows:
SECTION 1: That Chapter 2, Article Ill, Division 1, Section 2-27, entitled "Commission
committee draft minutes-City commission approval," is hereby deleted in its entirety, and
replaced with a new section, to be located in Article 11, Section 2-13 of the City Code, and
entitled "Commission committee draft minutes-City commission approval," to read as follows:
ARTICLE Ill. AGENCIES, BOARDS AND COMMITTEES
DIVISION 1. GENERALLY
ARTICLE II. CITY COMMISSION
****
Sec. 2- 13. Commission committee draft minutes-City commission approval.
Procedure. Draft minutes from meetings of each citv commission committee shall be
placed on a subsequent citv commission agenda for the purpose of citv commission
review and approval. The draft minutes are subiect to correction, amendment, and
approval by the citv commission, with anv corrections or amendments to be reflected in
those minutes. Once the draft minutes from the commission committee meeting have
been approved bv the citv commission, the "draft" notation shall be removed and the
minutes shall be considered final.
Effect. In general, approval of the minutes do not constitute the citv commission's
substantive approval of actions taken at said commission committees, but shall serve
onlv to allow the minutes to assume their essential status as the official record of the
proceedings of the commission committee. However, those portions of minutes
addressing a commission committee's request for citv administration action, shall onlv be
effectuated when a correspondina item for such requested citv administration action is
placed on a citv commission aqenda, and approved pursuant to resolution or motion
passed bv a maioritv vote of the members present.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made part of the Code of the
City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or
other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any
reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity or constitutionality of the
remaining portions of this Ordinance.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of , 201 1, which is ten
(10) days after adoption.
PASSED and ADOPTED this day of , 2011.
Mayor
ATTEST:
City Clerk
Letters or numbers that are stricken through are deletions from existing ordinance.
Letters or numbers that are underlined are additions to existing ordinance.
F:MTTOMGUR\RESOS-ORD\Commission Committee Drafl Minutes Ord. (10-6-1 l).doc
APPROVED AS TO
FORM & LANGUAGE
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending Chapter 2, Article Ill, Division 26, Sections 2-1 90.1 07 and Section 2-1 90.1 10 Of The City Code to
Amend the City Affiliation Requirements for Membership on the Community Development Advisory Committee.
Key Intended Outcome Supported:
( 1. Increase access to workforce or affordable housing. 2. Improve the lives of elderly residents. 3. Enhance learning I
opportunities for youth. 4. Reduce the number of homeless. 5. Ensure safety and appearance of building structures and I sites. I -
Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2009 Customer Satisfaction Survey: 17.5% of
businesses feel that lack of workforce housina is one of their most im~ortant challenaes: 80% of residents 65-vears or older
rated City response to expectations as excellent; 65% of hduseholds with children rated the City support of youth
progams as good or excellent; 43.6% of residents responded favorably to the City's handling of homelessness; 64% of
residents felt that code enforcement was acce~table.
Issue:
Shall the City Code be amended to mirror the HUD recommendation for City affiliation requirements for membership on the
Community Development Advisory Committee?
Item SummarylRecommendation:
I FIRST READING I
The U.S. Housing and Urban Development Department (HUD) requires that entitlement communities prepare and file a
Citizen Participation Plan which outlines citizen involvement in an advisory role in the planning, implementation and
assessment of HUD programs, as well as to provide full access to HUD program information to citizens by providing full and
timely disclosure of all information regarding HUD programs.
The Administration recommends an amendment to the ordinance governing the composition of CDAC, as well as the Citizen
Participation Plan, to improve public participation. If amended, the Community Development Advisory Committee shall
continue to be composed of 14 members. The Mayor and City Commissioners shall each continue to make two
appointments. Seven appointees shall either be: a resident of a locally designated community development target area for a
minimum of six months; or someone who can demonstrate ownership1 interest for a minimum of six months in a business
established in a locally designated community development target area. The other seven appointments may be: a resident
that does not live in the target area; or an individual in a leadership position with an organization that serves low- and/or
moderate-income individuals or neighborhoods, provided, however, that such organization shall not be a recipient of city
CDBG or HOME funds.
The proposed Ordinance Amendment to the City Code requires two readings. It is recommended that the Commission
approve the proposed amendment on first reading and schedule a second reading, public hearing.
Advisory Board Recommendation: I This item was approved at the September 1, 201 1 NeighborhoodsICommunity Affairs Committee meeting.
Financial Information:
I I
City Clerk's Office Legislative Tracking:
Anna Parekh X7260
Source of Funds:
m
OBPl
AGENDA ITEM I? FG
Financial Impact Summary:
1
2
Total
Amount
N/A
Account Approved
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, ~.miamibeachfl.~ov
COMMlSSlON MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of th City Commission 7
FROM: Jorge M. Gonzalez, City Manager
DATE: October 19, 201 1 FIRST READING
SUBJECT: AN ORDINANCE AMENDING CHAPTER 2, ARTICLE Ill DIVISION 26,
SECTIONS 2-190.107 AND SECTION 2-190.110 OF THE ClTY CODE TO
AMEND THE ClTY AFFILIATION REQUIREMENTS FOR MEMBERSHIP ON
THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE; PROVIDING
FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
The U.S. Housing and Urban Development Department (HUD) requires that entitlement
communities, such as the City, prepare and file a Citizen Participation Plan which outlines, among
other things, citizen involvement in an advisory role in the planning, implementation and
assessment of HUD programs. In 1978, the City submitted a Citizen Participation Plan which
outlined the composition of the City's Community Development Advisory Committee (CDAC). The
CDAC serves as the City's Advisory Committee that provides input regarding all phases of the
housing and community development programs.
The City's ordinance requires CDAC members to either be a resident of, or demonstrate
ownershiplinterest in a business established in, a locally designated Community Development
target area for a minimum of six months. Appointments to the CDAC are made by the Mayor and
City Commissioners, each having two appointees, for a total of 14 members. Vacancies on the
CDAC have been an issue and have impacted quorum requirements, prompting the proposal for a
change to the Committee composition and/or appointment process to address the recurring issue
with vacancies. An amendment was prepared and submitted for the April 13, 201 1 Commission
agenda, which would have required Committee review prior to second reading, proposing to allow
the CDAC appointment process to mirror the appointment process for most other City advisory
committees (citywide appointments versus appointments from the target areas), in an effort to
increase the pool of potential applicants.
The item was referred to the NeighborhoodICommunity Affairs Committee by acclamation at the
April 13, 201 1 Commission meeting at the request of Commissioner Weithorn. Commissioner
Weithorn stated that the proposed ordinance should go to Committee because she believes it may
be too broad. Mayor Bower stated that she also would like the proposed ordinance to go to
Committee before the first reading and requested a referral, as she wanted to ensure that
individuals that have an interest in, receive andlor understand community development services
would continue to be appointed and involved. The item was discussed at the June 3, 201 1
NeighborhoodlCommunity Affairs Committee meeting and then approved by the
Neighborhood/Community Affairs Committee on September 1, 201 1.
City Commission Memorandum-CDAC Ordinance Amendment
October 19,2011
Page 2 of 3
ANALYSIS
As proposed on June 3, 2011, to the NeighborhoodlCommunity Affairs Committee, as an
alternative to modifying the overall appointment structure to allow all positions to be citywide
appointments, there were several options presented that could potentially also help address the
issue of vacancies:
1) Leave the Committee structure and appointment process "as is" and more heavily promote
and recruit potential applicants for the Committee, including from applicants to other City
committees;
2) Reduce the Committee composition from 14 members to seven;
However, an additional option was proffered and discussed at the Committee which would be to
amend the Committee composition to allow the appointment of individuals that are in leadership
positions in community organizations (e.g. non-profits, etc.) that provide community development
services to low-and moderate-income people or neighborhoods, but are not currently or potential
recipients of the City's CDBG or HOME funding. There was also discussion on allowing a certain
percentage of the appointments to be citywide, rather than from target areas. -.
Recommended chancres
In light of the comments made and concerns voiced about ensuring that there continue to be
Committee members that have a first-hand understanding andlor interest in community
development issues, the following proposed amendment options were developed and approved by
the NeighborhoodlCommunity Affairs Committee:
Seven appointees of the 14 members (one of the two appointments made by the Mayor and each
Commissioner) shall either be:
a. A resident of a locally designated community development target area for a minimum of six
months; or,
b. Someone who can demonstrate ownership1 interest for a minimum of six months in a
business established in a locally designated community development target area for a
minimum of six months.
The other seven of members of the Committee (the other of the two appointments made by the
Mayor and each Commissioner) can meet the criteria above, or can be appointed as follows:
a. Miami Beach residents in non-target areas; or,
b. Non-city residents in leadership positions in organizations that provide community
development services to low-andlor moderate-income people or neighborhoods, preferably
in Miami Beach. The organization that they represent cannot be a current or future recipient
of city CDBG or HOME funds (due to Federal Conflict of Interest Laws).
As proposed, a Commissioner would be able to continue to appoint two members that are either
residents or businesses in the target area.
In summary, these amendments would result in a 14-member CDAC which would include at least
seven members (50% of total Committee) that are from within the target area (either a resident of,
or owninglworking for a business in, the target area), and the other seven members who can be
residents that live outside of the target area, or non-residents that have leadership positions in
organizations that serve low- or moderate-income individuals or neighborhoods. Should this
proposed amendment be adopted, an amendment to the City's Citizen Participation Plan would
also be required.
City Commission Memorandum-CDAC Ordinance Amendment
October 19,201 1
Page 3 of 3
In addition to the proposed amendment, proactive recruitment and outreach efforts will be initiated.
These include:
a. MBlV spots
b. Use of the CityIOffice of Real Estate, Housing and Community Development website.
Flyers with applications on one side and CDAC info on the other
c. Partner outreach efforts with non-profits such as Miami Beach CDC, Jewish Community
Services, UNIDAD and the Housing Authority of the City of Miami Beach
d. Outreach to PTAs
e. Targeted meetings with neighborhoods associations
f. Outreach to buildings which house seniors
g. Outreach at City parkslyouth centers
RECOMMENDATION
The Administration recommends an amendment to the ordinance governing the composition of
CDAC, as well as the Citizen Participation Plan, to allow for one of the two appointments made by
the Mayor and Commissioners to be a resident that does not live in the target area or an individual
in a leadership position with an organization that serves low- andlor moderate-income individuals -
or neighborhoods, provided, however, that such organization shall not be a recipient of city CDBG
or HOME funds.
The proposed Ordinance Amendment to the City Code requires two readings. It is recommended
that the Commission approve the first reading and schedule a second reading, public hearing.
JMGIHFIAPIBG
T:\AGENDAPOI 1\10-19-1 I\CDAC Code Amendment Memo.doc
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE Ill, DIVISION 26,
SECTIONS 2-190.107 AND 2-190.1 10 OF THE CITYCODE, ESTABLISHING THE
CITY'S COMMUNITY DEVELOPMENT ADVISORY COMMITTEE, TO AMEND THE
ClTY AFFILIATION REQUIREMENTS FOR MEMBERSHIP ON THE COMMUNITY
DEVELOPMENT ADVISORY COMMITTEE; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the U.S. Housing and Urban Development Department (HUD) requires that
entitlement communities prepare and file a Citizen Participation Plan which outlines citizen involvement
in an advisory role in the planning, implementation and assessment of HUD programs; as well as to
provide full access to HUD program information to citizens by providing full and timely disclosure of all
information regarding HUD programs; and
WHEREAS, Ordinance No. 97-3086 established the City's Community Development Advisory
Committee (CDAC); and
WHEREAS, per the City's Citizen Participation Plan, adopted pursuant to Resolution No. 95-
21538, the fourteen (14) direct appointees to the Committee must fulfill the City affiliation requirement
by either (i) being a resident of a locally designated community development target area fora minimum
of six (6) months; or (ii) demonstrating ownershiplinterest for a minimum of six (6) months in a business
established in a locally designated community development target area for a minimum of six (6)
months; and
WHEREAS, the Administration finds that it is in the best interest of the City to amend the
aforestated affiliation requirement.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYORAND ClTY COMMISSION OF THE
ClTY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
That Miami Beach City Code, Chapter 2, entitled "Administration", Article Ill, entitled "Agencies,
Boards and CommitteesJ', Division 26, entitled "Community Development Advisory Committee",
Sections 2-1 90.107, and 2-1 90.1 10, are hereby amended as follows:
SECTION 1.
Section 2-1 90.107 entitled "Purpose," is hereby amended as follows:
Sec. 2-1 90.1 07. Purpose.
Per the city's citizen participation plan, a&@&&y m. 95 21 538, and as said plan
may also be amended by the city from time to time, the community development advisory committee
(CDAC) shall serve as an advisory body, representing all residents of the city, especially those directly
affected by the consolidated plan, which will encompass CDBG, HOME and ESGP funds, and the
section 108 loan guarantee program, to provide input regarding all phases of the community
development program, and to effectuate and encourage citizen participation from all individuals,
especially low and moderate income persons and residents of community development target areas. In
order to ensure representation from individuals residing in affected CDBG target areas, the
administration in conjunction with the CDAC may hold neighborhood meetingslhearings to obtain input
directly from those affected; however, CDAC attendance is not mandatory at these special meetings.
SECTION 2.
Section 2-190.109, entitled "Composition," is hereby amended as follows:
Sec. 2-1 90.109 - Composition.
The community development advisory committee shall be composed of 14 members. The mayor and
city commissioners shall each make two direct appointments; provided that at least one member
appointed by the mayor and each commissioner meets the city affiliation requirements in subsection 2-
190.1 10(1) (a) or (b).
(Ord. No. 97-3086, § 2.5, 7-2-97; Ord. No. 200B3245, § 1, 524-00)
SECTION 3.
Section 2-190.1 10, entitled "City affiliation," is herebyamended as follows:
Sec. 2-1 90.1 10 - City affiliation.
The 14 direct appointees shall fulfill the city affiliation requirement in eitherof the following ways:
At least seven (7) appointees shall either be:
Miami Beach residents, for a minimum of six (6) months, in non-target areas;
or -
either citv residents, or non- residents, who hold a leadership position in
organizations that rsrovide community development services to low andlor
moderate-income people or neighborhoods, preferablvwithin the city; provided,
however, the organization that the appointee holds such position in cannot be a
current or future recipient of citv CDBGor HOME funds.
(2J The remaining appointees shall either be:
mw - kzn
. .. a resident of a locally designated community
development target area for a minimum of six(6) monthszor,
U* - . .. emonstrate ownershiplinterest for a minimum of six (6)
months in a business established in a locally designated community
development target area for a minimum of six(6) months.
(Ord. No. 97-3086, § 2.5, 7-2-97; Ord. No. 200G3245, § 1, 524-00)
SECTION 4. 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 5. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not
be affected by such invalidity.
SECTION 6. 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 7. EFFECTIVE DATE
This Ordinance shall take effect ten (1 0) days following adoption.
PASSED AND ADOPTED this day of ,2011.
ATTEST:
CITY CLERK MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FnH EXECUTION
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing The City Manager, Or His Designee To Select, Negotiate, Award And Reject All
Bids, Contracts, Agreements, Purchase Orders, Change Orders And Grant Applications; Renew Existing
Contracts Which May Expire, And Terminate Existing Contracts As Needed From The Last City
Commission Meeting On October 19,201 1, Until The First Regularly Scheduled City Commission Meeting
On December 14,201 1, Subject To Ratification By The City Commission At Its First Regularly Scheduled
Meeting On December 14,201 1.
Key lntended Outcome Supported:
) August Recess Authorization Supports All City Key lntended Outcomes. I
Supporting Data (Surveys, Environmental Scan, etc.): NIA
.----.
Whether to Adopt the Resolution?
Item SummarylRecommendation:
I I
Based on the above, it is requested, that the City Manager, or his designee, be authorized to sign all
contracts, agreements, purchase orders, change orders, and grant applications; renew any existing
contracts, for an appropriate period of time; terminate existing contracts, as needed, from the last
Commission meeting on October 19, 201 1, until the first regularly scheduled Commission meeting on
December 14,201 1, subject to ratification by the City Commission at its first regularly scheduled meeting
on December 14,201 1.
Between the last meeting on October 19,201 1, and the first regularly scheduled meeting on December 14,
201 1, the City Commission will not be in session. During this period there may be bids or contracts in
excess of the $25,000, which may need to be rejected, awarded or terminated.
ADOPT THE RESOLUTION. I
-.
Advisory Board Recommendation:
,Financial Information:
City Clerk's Office Legislative Tracking: I Gus Lopez, ext. 6641
Source of
Funds:
I'
OBPl
AGEMDA. (TEH ,L
DATE -,
2
3
Total
Financial Impact Summary:
Account
I
Amount
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 Manage
DATE: October 19, 201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ClTY MANAGER, OR
HIS DESIGNEE, TO SELECT, NEGOTIATE, AWARD AND REJECT ALL
BIDS, CONTRACTS, AGREEMENTS, PURCHASE ORDERS, CHANGE
ORDERS AND GRANT APPLICATIONS; RENEW EXISTING CONTRACTS
WHICH MAY EXPIRE; AND TERMINATE EXISTING CONTRACTS, AS
NEEDED, FROM THE LAST COMMISSION MEETING ON OCTOBER 19,
201 1, UNTIL THE FIRST REGULARLY SCHEDULED COMMISSION
MEETING ON DECEMBER 14, 2011, SUBJECT TO RATIFICATION BY
THE ClTY COMMISSION AT ITS FIRST REGULARLY SCHEDULED
MEETING ON DECEMBER 14,201 1.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Between the last meeting on October 19, 201 1, and the first regularly scheduled meeting on
December 14, 201 1, the City Commission will not be in session. During this period there
may be bids or contracts in excess of the $25,000, which may need to be rejected, awarded
or terminated.
Based on the above, it is requested, that the City Manager, or his designee, be authorized to
sign all contracts, agreements, purchase orders, change orders, and grant applications;
renew any existing contracts, for an appropriate period of time; terminate existing contracts,
as needed, from the last Commission meeting on October 19, 201 1, until the first regularly
scheduled Commission meeting on December 14, 2011, subject to ratification by the City
Commission at its first regularly scheduled meeting on December 14, 201 1.
Since this authorization is necessary to ensure that essential services and projects continue
during the period between the last Commission meeting on October 19, 201 1, until the first
regularly scheduled Commission meeting on December 14, 2011, it is recommended that
the City Commission adopt this Resolution.
T:\AGENDA\2011\10-19-1 l\Novernber Recess Merno.doc
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE ClTY MANAGER, OR HIS DESIGNEE, TO
SELECT, NEGOTIATE, AWARD AND REJECT ALL BIDS, CONTRACTS,
AGREEMENTS, PURCHASE ORDERS, CHANGE ORDERS AND GRANT
APPLICATIONS; RENEW EXISTING CONTRACTS WHICH MAY EXPIRE; AND
TERMINATE EXISTING CONTRACTS, AS NEEDED, FROM THE LAST COMMISSION
MEETING ON OCTOBER 19, 2011, UNTIL THE FIRST REGULARLY SCHEDULED
MEETING ON DECEMBER 14, 2011, SUBJECT TO RATIFICATION BY THE ClTY
COMMISSION AT ITS FIRST REGULARLY SCHEDULED MEETING ON DECEMBER 14,
201 1.
WHEREAS, between the last meeting on October 19, 2011, and the first regularly
scheduled meeting on December 14, 201 1, the City Commission will not be in session; and
WHEREAS, during this period, there may be bids or contracts in excess of the $25,000,
which may need to be rejected, awarded or terminated; and
WHEREAS, the City Commission has historically, during its August recess, assigned the
City Manager with the authority to select, negotiate, award and/or renew contracts, as needed,
subject to ratification by the City Commission; and
WHEREAS, it is therefore requested that the City Manager, or his designee, be authorized
to sign all contracts, agreements, purchase orders, change orders, and grant applications;
renew any existing contracts, which may expire, for an appropriate period of time; terminate
existing contracts, as needed, from the last Commission meeting on October 19, 201 1, until the
first regularly scheduled Commission meeting on December 14, 201 1, subject to ratification by
the City Commission at its first regularly scheduled meeting on December 14, 201 1.
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
authorize the City Manager, or his designee, to select, negotiate, award and reject all bids,
contracts, agreements, purchase orders, change orders, and grant applications; renew existing
contracts which may expire; and terminate existing contracts, as needed, from the last City
Commission meeting on October 19, 2011, until the first regularly scheduled meeting on
December 14, 201 1, subject to ratification by the City Commission at its first regularly scheduled
meeting on December 14,201 1.
PASSED and ADOPTED this day of ,201 1
ATTEST:
d
City Clerk
T:\AGENDA\2011\10-19-1 H~ovember Recess Reso.doc
Mayor
APPROVED AS TO
FORM & LANGUAGE
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution granting a revocable permit for the property located at 701 Lincoln Road, for the proposed
fixed canopy that extends over and into the public right of way.
Key Intended Outcome Supported:
Maintain Miami Beach public areas and Rights-of-way Citywide
I Supporting Data (Surveys, Environmental Scan, etc.): NIA I
Issue:
[Shall the City Commission grant a revocable permit? I
Item SummarylRecommendation:
The subject building was constructed in 1939 and designed by noted period architects Polevitsky &
Russell. It is classified as "Contributina" in the Miami Beach Historic Properties Database and is located
within the Flamingo Park Local ~istoric~istrict and the National ~e~ister~rchitectural District. The original
architect designed the 3rd level addition, which was constructed in 1956. As part of the original design, a
well detailed canopy was placed at the central entrance to the building, facing Lincoln Road. In order to
reference the spirit and design intent of the historic canopy, a new canopy structure was proposed and
approved as part of the substantial restoration of the subject structure. This new canopy does not extend
as far into the right-of-way as the original.
The criteria for a revocable permit are satisfied, per Miami Beach City Code Section 82 - 84, to allow a
modest encroachment over the City's right-of-way to create a sense of place and identity as well as
provide shade to the property's prospective patrons. The request is in harmony with the intent and purpose
of the City Code, and will not be injurious to the area involved or otherwise detrimental to the public
welfare. The permit will provide the applicant with a reasonable use of the property.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisorv Board Recommendation:
Financial Information:
I source of Amount Account I I Funds: 1 11
I I I
AGENDA ITEM ??7B
DATE !@(9-//
u
OBPl
Financial Impact Summary: NIA
L I I
Total I NIA NIA
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO : Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE : October 19, 201 1
SUBJECT. A RESOLUTION OF THE MAYOR AND THE ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, GRANTING A REVOCABLE PERMIT FOR COMCO
LLC, OWNER OF THE PROPERTY LOCATED AT 701 LINCOLN ROAD, FOR A
PROPOSED FIXED CANOPY THAT EXTENDS APPROXIMATELY SIX FEET ONE
INCH (6'-1") OVER AND INTO THE PUBLIC RIGHT OF WAY WITH A MINIMUM
VERTICAL HEIGHT OF ELEVEN FEET HALF INCH (11'-112") AS MEASURED
FROM THE LINCOLN ROAD SIDEWALK.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
BACKGROUND
The subject building was constructed in 1939 and designed by noted period architects
Polevitsky & Russell. It is classified as "Contributing" in the Miami Beach Historic Properties
Database and is located within the Flamingo Park Local Historic District and the National
Register Architectural District. The original architect designed the 3d level addition, which was
constructed in 1956. As part of the original design, a well detailed canopy was placed at the
central entrance to the building, facing Lincoln Road (Attachment A). In order to reference the
spirit and design intent of the historic canopy, a new canopy structure was proposed and
approved by Historic Preservation Board at its February 8, 2011 meeting as part of the
substantial restoration of the subject structure. See (Attachment B and C). This new canopy
does not extend as far into the right-of-way as the original.
ANALYSIS
Pursuant to the criteria established under Section 82-94 of the City of Miami Beach Code of
Ordinances for the grantingldenying of revocable permits, the City has analyzed the criteria and
issues the following conclusions:
1) That the applicant's need is substantial.
Satisfied. The applicant's need for the permit is substantial. The existing building was
constructed at the property line. Accordingly, minimal encroachment onto the abutting
sidewalk is necessary to create a sense of place and identity, as well as provide visual
interest and character to the building. In addition, a fixed canopy of this nature is necessary
to provide cover and shade the retail store's patrons.
City Commission Memorandum-701 Lincoln Road
October 19, 201 1
Page 2 of 3
2) That the applicant holds the title to an abutting property.
Satisfied. The applicant is the Fee Simple Owner of the property located at 701 Lincoln
Road, the property is adjacent to Lincoln Road.
3) That the proposed improvements comply with applicable codes, ordinances, regulations, and
neighborhoods plans and laws.
Satisfied. The proposed fixed canopy will be constructed in accordance with the relevant
sections of the Code of the City of Miami Beach and the Florida Building Code. The
proposed projection of six feet one inch (6'-I") into the right-of-way is identical to the one that
currently exists.
4) That the grant for such application will have no adverse effect on governmentlutility
easements and uses on the property.
Satisfied. The proposed fixed canopy to the entrance of the property located at 701 Lincoln
Road is not considered to have or create impacts or adverse conditions as a result of
granting this Revocable Permit. The proposed canopy does not impact and governmental or
utility easements, and the location of the canopy eleven feet half inch (1 1'-112") above the top
p,
of curb and it being attached to the face of the building will not present an issue to
pedestrians along Lincoln Road.
5) Alternatively:
a. That an unnecessary hardship exits that deprives the applicant of a reasonable use
of the land, structure or building for which the Revocable Permit is sought arising out
of special circumstances and conditions that exist and were not self-created and are
peculiar to the land, structures or buildings in the same zoning district and the grant
of the application is the minimum that will allow reasonable use of the land,
structures or building.
Satisfied. A special circumstance exists that the denial of the permit would deprive
the applicant of a reasonable use of the land. Specifically, the building was
constructed at the property line. As such, the fixed canopy subject of this application
must project over the City right-of-way.
b. That the grant of the revocable permit will enhance the neighborhood andlor
community by such amenities as, for example, enhanced landscaping, improved
drainage, improved lighting and improved security.
Satisfied. Granting the permit will enhance the neighborhood by creating a sense of
place and identity, as well as provide visual interest and character to the building.
Further, these architectural elements will serve a reminder of the former Saks Fifth
Avenue, thus preserving in a small way the history of this area of the City.
6) That the granting the revocable permit requested will not confer on the applicant any special
privilege that is denied to other owner of land, structures, or building subject to similar
conditions.
Satisfied. Any property owner, especially those with a small lot, with an existing or proposed
building placed at or near streets may request a revocable permit for projections over the
right-of-way. Therefore, granting the permit will not confer any special privilege on the
City Commission Memorandum-701 Lincoln Road
October 19,201 1
Page 3 of 3
applicant that would otherwise be denied to others similarly situated in the same zoning
district.
7) That granting the revocable permit will be in harmony with the general intent and purpose of
Article Ill of the City Code, and that such revocable permit will not be injurious to surrounding
properties, the neighborhood, or otherwise detrimental to the public welfare.
Satisfied. The proposed fixed canopy that will project into the public way is not considered to
affect surrounding properties, nor devalue any adjacent properties or causes the property to
be in any way less aesthetic, and/or out of harmony with the surrounding properties.
Moreover, the proposed canopy will not provide a detrimental effect to the public welfare, as
it will provide shade and protection from the elements to the retail store's patrons.
The analysis above shows that the criteria for a revocable permit are satisfied, per Miami Beach
City Code Section 82 - 84, to allow a modest encroachment over the City's right-of-way to
create a sense of place and identity as well as provide shade to the property's prospective
patrons. The request is in harmony with the intent and purpose of the City Code, and will not be -.
injurious to the area involved or otherwise detrimental to the public welfare. The permit will
provide the applicant with a reasonable use of the property.
CONCLUSION
The Administration recommends that the City Commission grant a revocable permit for the
property located at 701 Lincoln Road, for the proposed fixed canopy that extends over and into
the public right-of-way.
Attachment:
A - Photos of original canopy
B - Sketch and Legal description of the encroachment
C - Forever 21 elevation drawing
T:WGENDA\2011\10-19-1 I\Revocable Permit 701 Lincoln Road Memo.docx
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, GRANTING A REVOCABLE PERMIT
TO COMCO LLC, OWNER OF THE PROPERTY LOCATED AT 701
LINCOLN ROAD, FOR THE PROPOSED FIXED CANOPY THAT
EXTENDS APPROXIMATELY SIX FEET ONE INCH (6'-I") OVER AND
INTO THE PUBLIC RIGHT OF WAY ON LINCOLN ROAD MALL.
WHEREAS, Comco LLC owns the property located at 701 Lincoln Road; and
WHEREAS, the property is located within the Flamingo Park Local Historic District and
the National Register Architectural District; and
WHEREAS, the building on the property was constructed in 1939 and designed by noted
period architects Polevitsky & Russell; and
WHEREAS, the building is classified as "Contributing" in the Miami Beach Historic
Properties Database; and
WHEREAS, a well detailed canopy was placed at the central entrance to the building,
facing Lincoln Road as part of the original design; and
WHEREAS, in order to reference the spirit and design intent of the historic canopy, a
new canopy structure was proposed and approved by the Historic Preservation Board at its
February 8, 201 1 meeting as part of the substantial restoration of the subject structure; and
WHEREAS, the proposed canopy will provide shade and protection from the elements;
and
WHEREAS, at the September 14, 201 1 City Commission meeting, pursuant to Chapter
82, Article Ill, Division 2, Section 82-93 of the City Code, the Mayor and Commission set a
public hearing to consider the aforestated request at the October 19, 201 1 City Commission
meeting; and
WHEREAS, notices were sent to the residents within 375 feet of the property on
October 4, 201 1, advising them of the public hearing.
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 grant a
revocable permit to Comco LLC, owner of the property located at 701 Lincoln Road, for the
proposed fixed canopy that extends approximately six feet one inch (6'-1") over and into the
public right of way on Lincoln Road Mall.
PASSED AND ADOPTED this 19th day of October, 2011.
ATTEST:
Robert H. Parcher, City Clerk Matti Herrera Bower, Mayor
APPROVED AS TO
T:\AGENDA\201 1\10-19-1 I\Revocable Permit 701 Lincoln Road RESO.doc
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that a public hearing will be heid by the-City Commission of the City of Miami
Beach, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida,
1--
on Wednesday, October l9th, 2011 at 10:45 A.M., To Consider Granting A Revocable Permit For Comco LLC,
Owner Of The Property Located At 701 Lincoln Road, For The Proposed Fixed Canopy That Extends Approximately
Six Feet One Inch (6'-1") Over And Into The Public Right Of Way On Lincoln Road Mall.
lniuiries may be directed to the Public Works Department at (305) 673-7080.
MTERESTED 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 City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami
Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the'
City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may
be continued and under such circumstances additional legal notice would not be provided.
. Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any
%cision 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, @ich record includes thetestimony and evidence upon
which the appeal is to be based. This notice does not constitute-consent by the City for the intioduction or admission of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law
To request this material in accessible format, sign language interpreters, infordtation on 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) 673-721 8 0 five days in advance to initiate your request. TlY users may also
call 71 1 (Florida Relay Sewic6).
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution granting a revocable permit for the Lincoln East Garage located at 420 Lincoln Road, for
the proposed mid-tensioned, removable HPDE metal mesh that extends over and into the public right
Key Intended Outcome Supported:
Maintain Miami Beach public areas and Rights-of-way Citywide
Supporting Data (Surveys, Environmental Scan, etc.): NIA
Issue:
I Shall the City Commission schedule grant the revocable permit? I
tem SummarylRecommendation:
The subject garage was designed by the noted International Architect Enrique Norten, and includes
sidewalk level retail storefronts along the first floor of the primary west (Drexel Avenue) and south (~6'~
Street) elevations. The Historic Preservation Board determined that it would be critical for the sidewalk
along the perimeter of the retail fronting 16'~ street and Drexel Avenue to have shade protection for the
pedestrians. In order for the shade structure to maintain architectural compatibility with the design of the
garage, the project architect developed the proposed cantilevered system, which has been approved by
Planning Department staff, on behalf of the Historic Preservation Board.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
The criteria for a revocable permit are satisfied, per Miami Beach City Code Section 82 - 84 to allow a
modest encroachment over the City's ROW to meet the needs of historic preservation. The request is in
harmony with the intent and purpose of the Code, and will not be injurious to the area involved or otherwise
detrimental to the public welfare. The permit will provide the Applicant with a reasonable use of the
Property.
Advisory Board Recommendation: I NIA
- -
Financial Information:
I Source of
I Financial Impact Summary: NIA I
City Clerk's Office Legislative Tracking: I Richard W. Saltrick, Acting City Engineer, ext.6565
Account
NlA
- - - . - - - . Amount
~artment Dire~tor I Assistant City Manager I City Man;
Funds: -
nPDI
DRB
AGENDA ITEM R7 c
WE LO-14-11
1
2
Tn+3 l N /A
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
FROM: Jorge M. Gonzalez, City Manager
DATE : October 19, 201 1
SUBJECT: A RESOLUTION OF THE MAYOR AND THE ClTY COMMISSION OF THE ClTY OF
MIAMI BEACH, FLORIDA, GRANTING A REVOCABLE PERMIT FOR 420
LINCOLN ROAD DEVELOPMENT GROUP INC, OWNER OF LINCOLN EAST
GARAGE LOCATED AT 420 LINCOLN ROAD, FOR THE PROPOSED MID-
TENSIONED, REMOVABLE HPDE METAL MESH THAT EXTENDS
APPROXIMATELY FIVE FEET SIX INCHES (5'-6") OVER AND INTO THE PUBLIC
RIGHT OF WAY.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution,
BACKGROUND
The subject garage was designed by the noted International Architect Enrique Norten, and
includes sidewalk level retail storefronts along the first floor of the primary west (Drexel Avenue)
and south (1 6th Street) elevations. The Historic Preservation Board determined that it would be
critical for the sidewalk along the perimeter of the retail fronting 16th Street and Drexel Avenue
to have shade protection for the pedestrians. In order for the shade structure to maintain
architectural compatibility with the design of the garage, the project architect developed the
proposed cantilevered system, which has been approved by Planning Department staff, on
behalf of the Historic Preservation Board. See (Attachment A and B)
ANALYSIS
Pursuant to the criteria established under Section 82-94 if the City of Miami Beach Code of
Ordinances for the grantingldenying of revocable permits, the City has analyzed the criteria and
issues the following conclusions:
1) That the Applicant's need is substantial.
Satisfied. In 2009, the Applicant received both Planning Board and Historic Preservation
Board approval for the project. Those approvals included a site plan depicting the use of a
canopy consisting of a metal mesh screen above a portion of the public ROW along the
sidewalk for the purpose of providing pedestrians with protection from the sun and rain. The
Applicant's need for the revocable permit is born of the requirements set forth in
aforementioned approvals and, therefore is substantial.
City Commission Memorandum-Lincoln East Garage
October 19,201 1
Page 2 of 3
2) That the Applicant holds the title to an abutting property.
Satisfied. The applicant is the Fee Simple Owner of the property located at 720 Lincoln
Road, the property is adjacent to Lincoln Road.
3) That the proposed improvements comply with applicable codes, ordinances, regulations, and
neighborhoods plans and laws.
Satisfied. The proposed improvements comply with requirements of Sec. 142-1 132(d) of the
Code and the Miami Beach Storefront Guidelines adopted in 2007. The proposed
improvements consist of a mid-tensioned, removable HPDE metal mesh and painted steel
outriggers extending approximately five feet six inches (5'-6) into the abutting sidewalk.
Each section of the canopy is no more than fourteen feet eight inches (14'-8) in length, as
noted in the site plan approved by the City's Planning Board and Historic Preservation Board.
4) That the grant for such application will have no adverse effect on governmentlutility
easements and uses on property.
Satisfied. The proposed improvements comply with the site plan approved by both the City's
Planning and Historic Preservation Boards. No governmentlutility easements will be .
adversely affected by the grant of the requested revocable permit.
5) Alternatively:
a. That an unnecessary hardship exits that deprives the Applicant of a reasonable use
of the land, structure or building for which the Revocable Permit is sought arising out
of special circumstances and conditions that exist and were not self-created and are
peculiar to the land, structures or buildings in the same zoning district and the grant
of the application is the minimum that will allow reasonable use of the land,
structures or building.
Satisfied. A special circumstance exists that the denial of the permit would deprive
the Applicant of a reasonable use of the land. Specifically, the building was
constructed at the property line. As such, the fixed canopy subject of this application
must project over the City ROW.
b. That the grant of the revocable permit will enhance the neighborhood and/or
community by such amenities as, for example, enhanced landscaping, improved
drainage, improved lighting and improved security.
Satisfied. A grant of the requested revocable permit will permit the abutting building
owner to install metal mesh canopies that will serve to enhance the neighborhood
through the provision of much needed protection for pedestrians from the sun and
rain.
6) That the granting the revocable permit requested will not confer on the Applicant any special
privilege that is denied to other owner of land, structures, or building subject to similar
conditions.
Satisfied. The grant of the requested revocable permit will not confer upon the applicant any
special privilege or rights to the abutting right of way nor will it confer a special privilege upon
the applicant not generally available to other owners located in the same zoning district.
City Commission Memorandum-Lincoln East Garage
October 19,201 1
Page 3 of 3
7) That granting the revocable permit will be in harmony with the general intent and purpose of
Article Ill of the City Code, and that such revocable permit will not be injurious to surrounding
properties, the neighborhood, or otherwise detrimental to the public welfare.
Satisfied. The issuance of the requested revocable permit will not be injurious to the
neighborhood, the surrounding properties, or otherwise detrimental to the public. To the
contrary, it will significantly enhance the experience of pedestrians using this portion of the
public right of way.
The analysis above shows that the criteria for a revocable permit are satisfied, per Miami Beach
City Code Section 82 - 84 to allow a modest encroachment over the City's ROW to meet the
needs of historic preservation. The request is in harmony with the intent and purpose of the
Code, and will not be injurious to the area involved or otherwise detrimental to the public
welfare. The permit will provide the Applicant with a reasonable use of the Property.
CONCLUSION
* -
The Administration recommends that the City Commission grant a revocable permit for the
Lincoln East Garage located at 420 Lincoln Road for the proposed mid-tensioned, removable
HPDE metal mesh that extends over and into the public right of way.
Attachments:
A - Sketch and Legal description of the encroachment
B - 1601 Drexel Avenue elevation drawing
DRBIFHBIRWSIDW
T:WGENDA\2011 \I 0-1 9-1 1 \Revocable Permit 420 Lincoln Road East Garage Memo.docx
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, GRANTING A REVOCABLE PERMIT
TO 420 LINCOLN ROAD DEVELOPMENT GROUP INC, OWNER OF
LINCOLN EAST GARAGE LOCATED AT 420 LINCOLN ROAD, FOR THE
PROPOSED MID-TENSIONED, REMOVABLE HPDE METAL MESH THAT
EXTENDS APPROXIMATELY FIVE FEET SIX INCHES (5'-6") OVER AND
INTO THE PUBLIC RIGHT OF WAY ON 16'~ STREET AND DREXEL
AVENUE.
WHEREAS, 420 Lincoln Road Development Group, Inc. owns the property located at 420 Lincoln
Road; and
WHEREAS, the subject garage was designed by the noted International Architect Enrique
Norten, and includes sidewalk level retail storefronts along the first floor of the primary west (Drexel
Avenue) and south (16'~ Street) elevations; and
WHEREAS, City staff determined that it would be critical for the sidewalk along the perimeter of
the retail fronting 16'~ Street and Drexel Avenue to have shade protection for the pedestrians; and -.
WHEREAS, in order for the shade structure to maintain architectural compatibility with the design
of the garage, the project architect developed the proposed cantilevered system; and
WHEREAS, the structure has been approved by Planning Department staff, on behalf of the
Historic Preservation Board; and
WHEREAS, at the September 14, 2011 City Commission meeting, pursuant to Chapter 82,
Article Ill, Division 2, Section 82-93 of the City Code, the Mayor and Commission set a public hearing to
consider the aforestated request at the October 19, 201 1 City Commission meeting; and
WHEREAS, notices were sent to the residents within 375 feet of the property on October 4,
201 1, advising them of the public hearing.
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 grant a revocable
permit to 420 Lincoln Road Development Group Inc, owner of Lincoln East Garage located at 420 Lincoln
Road, for the proposed mid-tensioned, removable HPDE metal mesh that extends approximately five feet
six inches (5'-6") over and into the public right of way on 16'~ street and Drexel avenue.
PASSED AND ADOPTED this 19th day of October, 2011.
ATTEST:
Robert H. Parcher, City Clerk Matti Herrera Bower, Mayor
APPROVED AS TO
FORM & LANGUAGE
T:\AGENDA\201 1\10-19-1 I\Revocable Permit 420 Lincoln Road East Garage RESO.doc
MIAMIBEACH
an OF MIAMI BEACH
Zu- NOTICEOF PUBLIC HEARING
NOTICE IS HEREBY giv,en that a public hearing will bihsd by the City Commission of the City of Miami
Beach, in the Commission Chambers, 3rd floor, City Hall, ,1700 Convention Center Drive, Miami Beach, Florida,
on Wednesday, Octobei 19th, 201 1 at 10:50 A.M., To Consider Granting A Revocable Permit For 420 Lincoln
Road Development Group Inc., Owner Of Lincoln East Garage Located At 420 Lincoln Road, For The Proposed
Mid-Tensioned,~fjlemovable HPDE Metal Mesh That Extends Approximately Five Feet Six Inches (5'-6") Over
And Into The Public Right Of Way On 1 6th Street And Drexel Avenue:
7.
Inquiries may be directed tothe Public Works Department at-(305)673-7080.
INTERESTED PARTIES are invited to appear althis meeting, or be represented by an agent, or to express their views
in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Ce?ter Drive, 1 st Floor, City Hall,
Miami Beach, Florida 331 39. Copies of these ordinances are available for public inspection during normal business
hours in the City Clerk's Office, 1700 Convention Center Drive, 1 st Floor, City Hall, and Miami Beach, Florida 331 39.
This meeting may be continued and under such circumstances additional legal notice would not be provided. -
-13 Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any
decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person
must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. This notice does not constitutb consent by the City for the introduction or admission of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons with
disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding,
please contact (305) 604-2489 (voice), (305) 673-721 8 0 five days in advance to initiate your request. TTY users
may also call 71 1 (Florida Relay Service).
Ad #669
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA AUTHORIZING THE -- - --
ISSUANCE OF (i) NOT TO EXCEED $54,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF MIAMI BEACH,
FLORIDA STORMWATER REVENUE BONDS, SERIES 2011A, FOR THE PRINCIPAL PURPOSE OF PAYING THE COST OF
CERTAIN IMPROVEMENTS TO THE STORMWATER UTILITY, PURSUANT TO SECTION 209 OF RESOLUTION NO. 2000-
24127 ADOPTED BY THE ClTY ON OCTOBER 18, 2000, AND (ii) NOT TO EXCEED $28,000,000 IN AGGREGATE PRINCIPAL
AMOUNT OF ClTY OF MIAMI BEACH, FLORIDA STORMWATER REVENUE REFUNDING BONDS, SERIES 20118, FOR THE
PRINCIPAL PURPOSE OF REFUNDING ALL OR A PORTION OF THE CITY'S OUTSTANDING STORMWATER REVENUE
BONDS, SERIES 2000, PURSUANT TO SECTION 210 OF SAlD RESOLUTION NO. 2000-24127; PROVIDING THAT SAlD
SERIES 2011 BONDS AND INTEREST THEREON SHALL BE PAYABLE SOLELY AS PROVIDED IN SAlD RESOLUTION NO.
2000-24127; PROVIDING CERTAIN DETAILS OF THE SERIES 2011 BONDS; DELEGATING OTHER DETAILS AND MATTERS
IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2011 BONDS AND THE REFUNDING OF THE BONDS TO BE
REFUNDED TO THE MAYOR, WITHIN THE LIMITATIONS AND RESTRICTIONS STATED HEREIN; APPOINTING
UNDERWRITERS, A BOND REGISTRAR, AN ESCROW AGENT AND A DISCLOSURE DISSEMINATION AGENT;
AUTHORIZING THE NEGOTIATED SALE OF THE SERIES 2011 BONDS AND APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT; AUTHORIZING AND DIRECTING THE BOND
REGISTRAR TO AUTHENTICATE AND DELIVER THE SERIES 2011 BONDS; APPROVING THE FORM OF AND
DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND AUTHORIZING THE
EXECUTION OF THE OFFICIAL STATEMENT; PROVIDING FOR THE APPLICATION OF THE PROCEEDS OF THE SERIES
2011 BONDS AND CREATING CERTAIN FUNDS, ACCOUNTS AND SUBACCOUNTS; AUTHORIZING A BOOK-ENTRY
REGISTRATION SYSTEM WlTH RESPECT TO THE SERIES 2011 BONDS; AUTHORIZING THE REFUNDING, DEFEASANCE
AND REDEMPTION OF THE BONDS TO BE REFUNDED AND APPROVING THE FORM OF AND AUTHORIZING THE ' EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT; COVENANTING TO PROVIDE CONTINUING
DISCLOSURE IN CONNECTION WlTH THE SERIES 2011 BONDS AND APROVING THE FORM OF AND AUTHORIZING THE
1 EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; AUTHORIZING OFFICERS AND EMPLOYEES
OF THE ClTY TO TAKE ALL NECESSARY RELATED ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE
I 1
Key Intended Outcome Supported:
I Ensure well-maintained infrastructure. 1
J
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Community
Satisfaction Survey, only 43% of residents rated the City's storm drainage (to avoid flooding) as "excellent" or "good."
Should the Citv Commission amrove the resolution? I . . J
Item SummarylRecommendation: SECOND READING PUBLIC HEARING
The Administration anticipates that it can obtain debt service savings as well as provide additional flexibility in the 1
issuance of bonds by refunding the Stormwater Revenue ~onds, Series 2000 (the "Prior Bonds") of which
$27,105,000 is currently outstanding. The City's Financial Advisor, Richard Montalbano, Managing Director, RBC
Capital Markets Corporation, estimated that given the current market conditions, the City could expect to achieve a
net present value savings approximating 11 % of the refunded bonds which equates to approximately $3 million. This
refunding will be achieved by the issuance of the Series 201 1 B Bonds.
The Series 2011A Bonds are being issued, in part, for the purpose of paying the costs of the Project which will
constitute a part of the City's Stormwater System. The Project consists of the following: Neighborhood stormwater
improvements, drainage improvements, outfall pipes replacementslrepairs, and pump stations installations,
improvements and repairs. The Series 201 1 Bonds are payable from and secured by a first lien on and a pledge of
the net revenues derived from the operation of the Stormwater System of the City on a parity with any additional
bonds hereafter issued. The first reading public hearing was held at the September 27, 201 1 Commission Meeting.
L I
Advisory Board Recommendation:
Finance and Citywide Projects Committee September 1, 201 1 1
Financial Information:
/ 1 1 Amount I Account I Approved I
I I 1 Total I I I I 1
Source of Funds:
OBPl
City Clerk's Office Legislative Tracking:
( Patricia Walker, Chief Financial Officer
To be appropriated from the
Stormwater Revenues
MIAMIBEACH
w-
AGENDA ITEM a7 D
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 Manag
ECOND READING
DATE: October 19, 201 1 UBLlC HEARING
SUBJECT A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE
ClTY OF MIAMI BEACH, FLORIDA AUTHORIZING THE ISSUANCE
OF (i) NOT TO EXCEED $54,000,000 IN AGGREGATE PRINCIPAL
AMOUNT OF ClTY OF MIAMI BEACH, FLORIDA STORMWATER
REVENUE BONDS, SERIES 2011A, FOR THE PRINCIPAL
PURPOSE OF PAYING THE COST OF CERTAIN IMPROVEMENTS
TO THE STORMWATER UTILITY, PURSUANT TO SECTION 209 OF
RESOLUTION NO. 2000-24127 ADOPTED BY THE CITY ON
OCTOBER 18, 2000, AND (ii) NOT TO EXCEED $28,000,000 IN
AGGREGATE PRINCIPAL AMOUNT OF ClTY OF MIAMI BEACH,
FLORIDA STORMWATER REVENUE REFUNDING BONDS, SERIES
201 1 B, FOR THE PRINCIPAL PURPOSE OF REFUNDING ALL OR A
PORTION OF THE CITY'S OUTSTANDING STORMWATER
REVENUE BONDS, SERIES 2000, PURSUANT TO SECTION 210 OF
SAlD RESOLUTION NO. 2000-24127; PROVIDING THAT SAlD
SERIES 2011 BONDS AND INTEREST THEREON SHALL BE
PAYABLE SOLELY AS PROVIDED IN SAlD RESOLUTION NO. 2000-
24127; PROVIDING CERTAIN DETAILS OF THE SERIES 2011
BONDS; DELEGATING OTHER DETAILS AND MATTERS IN
CONNECTION WlTH THE ISSUANCE OF THE SERIES 2011 BONDS
AND THE REFUNDING OF THE BONDS TO BE REFUNDED TO THE
MAYOR, WITHIN THE LIMITATIONS AND RESTRICTIONS STATED
HEREIN; APPOINTING UNDERWRITERS, A BOND REGISTRAR, AN
ESCROW AGENT AND A DISCLOSURE DISSEMINATION AGENT;
AUTHORIZING THE NEGOTIATED SALE OF THE SERIES 2011
BONDS AND APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION OF A BOND PURCHASE AGREEMENT; AUTHORIZING
AND DIRECTING THE BOND REGISTRAR TO AUTHENTICATE AND
DELIVER THE SERIES 2011 BONDS; APPROVING THE FORM OF
AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT
AND AN OFFICIAL STATEMENT AND AUTHORIZING THE
EXECUTION OF THE OFFICIAL STATEMENT; PROVIDING FOR
THE APPLICATION OF THE PROCEEDS OF THE SERIES 2011
BONDS AND CREATING CERTAIN FUNDS, ACCOUNTS AND
SUBACCOUNTS; AUTHORIZING A BOOK-ENTRY REGISTRATION
SYSTEM WlTH RESPECT TO THE SERIES 2011 BONDS;
AUTHORIZING THE REFUNDING, DEFEASANCE AND
REDEMPTION OF THE BONDS TO BE REFUNDED AND
APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION
AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT;
Commission Memorandum - October 19,201 1
Stormwater Revenue Bonds
Page 2 of 5
COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN
CONNECTION WITH THE SERIES 2011 BONDS AND APROVING
THE FORM OF AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT;
AUTHORIZING OFFICERS AND EMPLOYEES OF THE CITY TO
TAKE ALL NECESSARY RELATED ACTIONS; AND PROVIDING
FOR AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the resolution on second reading public hearing. The first reading public
hearing was held at the September 27, 201 1 Commission meeting.
BACKGROUND
In November 2000, the City issued its first series of Stormwater Bonds in the amount of
$52.17 million. The Administration, in concert with the City's Financial Advisor, has
determined that the City now has the need and the capacity to issue additional
Stormwater Revenue Bonds for new capital projects and the possibility of refunding the
remaining outstanding Series 2000 Stormwater Bonds.
On June 30, 2008, the Finance and Citywide Projects Committee recommended that two
series of Stormwater Revenue Bonds be issued to fund the approximately $94.6 million
needed for projects. The first issue was proposed to be $39.1 million in fiscal year
200912010 and the second issue in fiscal year 201 112012 for $55.5 million. In fiscal year
201012011 the Adopted Capital Budget included funding for the Citywide Stormwater
Master Plan and several new projects bringing the proposed program total to $106.8
million. This net increase is a result of savings from awarded projects, additional scope,
projects previously scheduled for the second bond series that are being accelerated,
some new projects and the deferral of issuance of this series for approximately two
years (FY 200912010 to FY 201 112012). A reconciliation of these amounts is included on
the attached Schedule A.
In an effort to defer issuing debt and to expedite the spend down of existing Stormwater
bond proceeds and to comply with State law requirements that funds be available at the
time a contract is awarded, the City obtained a Line of Credit (LOC) for $30 million to
award scheduled Stormwater projects in anticipation of the new bond issue. On January
19, 201 1, the City Commission authorized the execution of the LOC agreement between
the City and JPMorgan Chase Bank, N.A. and to date we have committed approximately
$23.4 million from this line for Stormwater projects.
Based on the current Capital Plan, the Administration is recommending that the size of
the proposed issue be increased to $50.2 million for the new money portion and
approximately $27.1 million in the refunding portion plus cost of issuance and premiums,
for a total issue size of approximately $83 million. Of the new money portion,
approximately $23.4 million has been awarded from the existing line of credit and an
additional $3.9 million is expected to be award from the line of credit for a total of $27.3
million prior to the proposed bond sale. We anticipate that the remaining capacity in the
Commission Memorandum - October 19, 201 1
Stormwater Revenue Bonds
Page 3 of 5
line of credit is sufficient to pay the cost of awarded projects until the proposed bond is
issued, as the Series 2000 proceeds have now been fully expended.
Therefore, assuming $27.3 million of the proposed bond will be used to cover projects
that have already been approved and awarded, the balance of $22.9 million is expected
to fund all currently planned projects scheduled for award in fiscal year 201 112012 and
will fund the projects that have been previously committed from the line of credit.
The remaining storm water projects in the capital plan which currently include the
Flamingo Neighborhood, West Avenue and Middle North Bay Road Drainage
Improvement total approximately $51.4 million and can be funded in a subsequent bond
issue. Timing of funding for additional projects identified in the master plan study
currently underway will be analyzed upon completion of the master plan.
ANALYSIS
The proposed Stormwater Revenue Bonds are separated into two series; Series 201 1A
for the purpose of paying the costs of improvements to the Stormwater System and
Series 20118 for the refinancing of the remaining Series 2000 Stormwater Revenue
Bonds. (Please see attached schedule Stormwater Funding Attachment B).
The Commission may approve by resolution other improvements as part of the Series
201 1 Project in addition to andlor in lieu of one or more of the above improvements.
The security for the repayment of these amounts will be the net revenues generated
from the Stormwater System.
Refinancina of the Series 2000 Stormwater Revenue Bonds with Series 201 1 B
The City's proposed refunding of the outstanding Stormwater Revenue Bonds, Series
2000 is the result of the Administration's continuous review of opportunities to refund
outstanding bonds to ensure the City is paying the lowest possible rate within statutory
and tax requirements.
Concurrent with the delivery of the Series 201 1 Bonds, a portion of the proceeds, not to
exceed $28 million, will be applied to the payment of the City's outstanding Stormwater
Revenue Bonds Series 2000. The City's Financial Advisor has determined that the City
has the capacity to refinance the Series 2000 Stormwater Revenue Bonds, and that the
refunding of the Series 2000 Stormwater Revenue may provide, as of August 30, 201 1,
a present value savings of approximately $3.0 million or approximately 11%. The
refunding of these bonds does not extend the term of the bonds beyond their original
maturity date.
At the September 1, 201 1, meeting of the Finance and Citywide Projects Committee, the
Committee voted to recommend approval of the proposed refinancing of the outstanding
Series 2000 Stormwater Revenue Bonds in conjunction with the issuance of additional
bonds to finance the construction of certain improvements to the Stormwater Utility in
accordance with Sec. 2-278(a)2.
Commission Memorandum - October 19,201 1
Stormwater Revenue Bonds
Page 4 of 5
In November 2007, the Mayor and City Commission approved Ordinance 2007-3582
which amended the procedures that the City followed in connection with the approval
of a bond issue and added the following Section to Chapter 2 of the Miami Beach
City Code, entitled "Administration"; Article V entitled "Finance"; Sec. 2-278, entitled
"Procedures governing the issuance of bonds.
Sec. 2-278. Procedures governing the issuance of bonds.
(a) Prior to the adoption by the city commission of the final resolution approving the
issuance of any bonds by the city, the following requirements shall be complied
with:
(1) In order for the city commission and the public to be fully informed on all
matters relating to the proposed issuance of bonds, the city manager shall
prepare, or cause to be prepared, a fiscal analysis of the economic impact of
the proposed bond issuance using the following criteria:
a) The estimated cost of the project or projects on account of which such
bonds are to be issued;
b) The estimated annual revenues, if any, to be generated by such project or
projects; and
c) The estimated annual cost of maintaining, repairing and operating such
project or projects.
(2) Upon completion of the fiscal analysis in subsection (a)(l), the proposed
issuance of bonds shall be first considered and reviewed by the city's finance
and citywide projects committee.
(3) The city commission shall hold two public hearings, each advertised not less
than 15 days prior to the hearing, in order to obtain citizen input into the
proposed bond issuance.
In accordance with this provision the Administration prepared the required fiscal
analysis which included the following breakdown of the proposed Stormwater
Revenue Bond issue.
In response to Sec. 2-278 (a)l(a): the estimated cost of the projects on account
of which the bonds are to be issued is $50.2 million.
In response to Sec. 2-278 (a)l (b): the estimated revenues to be generated by the
projects. These projects will either replace or enhance portions of the existing
storm water system; the operation of such system is funded entirely by user fees.
No additional fees are anticipated to be earned as a result of these projects and
no additional increase in the user fee is required at this time. However,
additional operating or maintenance costs may require future increases to user
fees.
In response to Sec. 2-278 (a)l(c): the estimated annual cost of maintaining,
repairing and operating such projects. Operating and maintenance costs for
these enhancements are estimated to average 2% of the capital cost or
approximately $1,000,000 annually. Such incremental costs may require
increases to future user fees.
In accordance with Sec. 2-278 (a) 3, two public hearings will be held for this
proposed Stormwater Revenue Bond issue. The dates of the public hearings are
Commission Memorandum - October 19, 201 1
Stormwater Revenue Bonds
Page 5 of 5
proposed for September 27 and October 19, 2011, and each date will be
advertised at least fifteen (15) days prior to the public hearing date.
Because of the character of the Series 2011 Stormwater Bonds, the prevailing market
conditions, the complexity of structuring a refunding and a new system-wide financing
program for the Stormwater System and the recommendations of the Financial Advisor,
it was further determined that the sale of the Series 201 1 Stormwater Bonds on the
basis of a negotiated sale rather than a public sale by competitive bid is in the best
interest of the City.
The Resolution for the issuance of the Series 201 1 Stormwater Bonds will delegate to
the Mayor, relying upon the recommendation of the Chief Financial Officer and RBC
Capital Markets (the City's Financial Advisor), the determination of various terms of the
Series 201 1 Bonds, including whether to secure one or more Credit Facilities andlor
Reserve Account Insurance Policies with respect to the Series 201 1 Bonds, the final
award of the Series 2011 Bonds, the dates of redemption of the Prior Bonds to be
redeemed prior to maturity, the payment of all related costs and expenses in connection
with the issuance of the Bonds and all other actions necessary or desirable in
connection with the issuance of the Series 201 1 Bonds and the refunding of the Prior
Bonds.
Additionally, the proposed Resolution provides the structure for the issuance of other
Bonds and other forms of indebtedness of the City payable from the Net Revenues of
the Stormwater System for the purpose of paying all or any part of the cost of any other
improvements to the Stormwater System or to refund or refinance all or a portion of the
Bonds or any other series or other indebtedness of the City incurred with respect to the
Stormwater System then outstanding. All such additional actions would require approval
of the Mayor and City Commission.
Conclusion
The Administration recommends that the Mayor and City Commission of the City of
Miami Beach, Florida, approve the resolution on second reading public hearing. The
first reading public hearing was held at the September 27, 201 1 Commission meeting.
Bond Purchase Agreement
Escrow Deposit Agreement
Disclosure Dissemination Agreement
The Preliminary Official Statement (POS)
T:Wgenda/2011 /October 19/Regular/Stormwater Bonds Series 201 1 -Comm Memo
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C:\Docurnents and Settings\finasuar\Desktop\$torm Water Bonds\ROW Pro] Constr Status shortverslon 08-15-llFINAL 08-Ibtll ATTACHMENT "8" Date printed: 08/25/2011
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AUTHORIZING THE ISSUANCE OF (i) NOT
TO EXCEED $54,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY
OF MIAMI BEACH, FLORIDA STORMWATER REVENUE BONDS, SERIES
2011A, FOR THE PRINCIPAL PURPOSE OF PAYING THE COST OF
CERTAIN IMPROVEMENTS TO THE STORMWATER UTILITY,
PURSUANT TO SECTION 209 OF RESOLUTION NO. 2000-24127
ADOPTED BY THE CITY ON OCTOBER 18, 2000, AND (ii) NOT TO
EXCEED $28,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF
MIAMI BEACH, FLORIDA STORMWATER REVENUE REFUNDING
BONDS, SERIES 201 lB, FOR THE PRINCIPAL PURPOSE OF REFUNDING
ALL OR A PORTION OF THE CITY'S OUTSTANDING STORMWATER
REVENUE BONDS, SERIES 2000, PURSUANT TO SECTION 210 OF SAID
RESOLUTION NO. 2000-24127; PROVIDING THAT SAID SERIES 2011
BONDS AND INTEREST THEREON SHALL BE PAYABLE SOLELY AS
PROVIDED IN SAID RESOLUTION NO. 2000-24 127; PROVIDING
CERTAIN DETAILS OF THE SERIES 201 1 BONDS; DELEGATING OTHER
DETAILS AND MATTERS IN CONNECTION WITH THE ISSUANCE OF
THE SERIES 201 1 BONDS AND THE REFUNDING OF THE BONDS TO BE
REFUNDED TO THE MAYOR, WITHIN THE LIMITATIONS AND
RESTRICTIONS STATED HEREIN; APPOINTING UNDERWRITERS, A
BOND REGISTRAR, AN ESCROW AGENT AND A DISCLOSURE
DISSEMINATION AGENT; AUTHORIZING THE NEGOTIATED SALE OF
THE SERIES 2011 BONDS AND APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT;
AUTHORIZING AND DIRECTING THE BOND REGISTRAR TO
AUTHENTICATE AND DELIVER THE SERIES 201 1 BONDS; APPROVING
THE FORM OF AND DISTRIBUTION OF A PRELIMINARY OFFICIAL
STATEMENT AND AN OFFICIAL STATEMENT AND AUTHORIZING THE
EXECUTION OF THE OFFICIAL STATEMENT; PROVIDING FOR THE
APPLICATION OF THE PROCEEDS OF THE SERIES 2011 BONDS AND
CREATING CERTAIN FUNDS, ACCOUNTS AND SUBACCOUNTS;
AUTHORIZING A BOOK-ENTRY REGISTRATION SYSTEM WITH
RESPECT TO THE SERIES 2011 BONDS; AUTHORIZING THE
REFUNDING, DEFEASANCE AND REDEMPTION OF THE BONDS TO BE
REFUNDED AND APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT;
COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN
CONNECTION WITH THE SERIES 2011 BONDS AND APROVING THE
FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A
CONTINUING DISCLOSURE AGREEMENT; AUTHORIZING OFFICERS
AND EMPLOYEES OF THE CITY TO TAKE ALL NECESSARY RELATED
ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach, Florida (the "City") currently owns, maintains and
operates a Stormwater Utility (as such term and all other capitalized terms used in this resolution
and not defined herein are defined in the hereinafter described Original Resolution); and
WHEREAS, the City has heretofore issued its (i) $52,170,000 original principal amount
of City of Miami Beach, Florida Stormwater Revenue Bonds, Series 2000, currently Outstanding
in the principal amount of $27,105,000 (the "Outstanding Series 2000 Bonds"), pursuant to
Resolution No. 2000-24127 adopted by the Commission on October 18, 2000 (the "Original
Resolution" and as amended and supplemented from time to time, the "Bond Resolution"), and
(ii) $16,185,000 original principal amount of City of Miami Beach, Florida Stormwater Revenue
Refunding Bonds, Taxable Series 20095-2, all of which are currently Outstanding, pursuant to the
Original Resolution and Resolution No. 2009-27242 adopted by the Commission on October 14,
2009; and
WHEREAS, the City has determined that certain capital improvements to the Stormwater
Utility as more particularly described in Exhibit A attached hereto and made a part hereof
(collectively, the "Series 201 1 Project") are necessary and desirable for the furtherance of the
health, safety and welfare of the users of the Stormwater Utility and the residents of the City; and
WHEREAS, Section 209 of the Original Resolution provides for the issuance of
Additional Bonds under the Bond Resolution for the principal purpose of paying all or any part
of the Cost of any Improvements, upon meeting certain conditions contained in said Section 209;
and
WHEREAS, the Series 2011 Project constitutes Improvements under the Bond
Resolution; and
WHEREAS, the City has determined that it is desirable to issue Additional Bonds (the
"Series 201 1A Bonds") pursuant to the provisions of Section 209 of the Original Resolution and
this resolution, which constitutes a Series Resolution for the Series 201 1A Bonds under the Bond
Resolution, for the purpose of paying, together with any other available moneys of the City, the
Cost of the Series 201 1 Project and funding the Reserve Account; and
WHEREAS, the City has further determined that as a result of the current low interest
rate environment it is financially beneficial to authorize the refunding of all or a portion of the
Outstanding Series 2000 Bonds, as shall be determined by the Mayor in accordance with the
provisions of this resolution (the Outstanding Series 2000 Bonds to be refunded hereinafter
referred to as the "Bonds to be Refunded"); and
WHEREAS, Section 210 of the Original Resolution provides for the issuance of
Refunding Bonds for the principal purpose of providing funds for refunding all or any portion of
the Outstanding Bonds of any one or more Series, upon meeting certain conditions contained in
said Section 2 10; and
WHEREAS, in accordance with the requirements of Section 210 of the Original
Resolution, the Commission hereby determines that the refunding of the Bonds to be Refunded is
in the best interests of the City and the users of the Stormwater Utility as it will result in debt
service savings which will lower the cost of operating the Stormwater Utility and be financially
beneficial to the City and the users of the Stormwater Utility; and
WHEREAS, the City has determined that it is desirable to issue Refunding Bonds (the
"Series 201 1B Bonds" and, together with the Series 201 1A Bonds, the "Series 201 1 Bonds")
pursuant to the provisions of Section 210 of the Original Resolution and this resolution, which
constitutes a Series Resolution for the Series 201 1B Bonds under the Bond Resolution, for the
purpose of providing moneys, together with any other available moneys, for refunding, defeasing
and redeeming the Bonds to be Refunded, including interest to accrue to their redemption date,
and paying the expenses incurred in such issuance, refunding, defeasance and redemption
(collectively, the "Refunding Requirements"); and
WHEREAS, the Commission has determined that it is in the best interest of the City to
delegate to the Mayor, who shall rely upon the recommendations of the Chief Financial Officer
of the City (the "Chief Financial Officer"), who is the officer succeeding to the principal
functions of the Finance Director, and RBC Capital Markets, LLC, the City's financial advisor
(the "Financial Advisor"), the determination of various terms of the Series 201 1 Bonds, the final
award of the Series 201 1 Bonds, including execution of the Series 201 1 Bond Purchase
Agreement (as hereinafter defined), the determination of the Outstanding Series 2000 Bonds
which will constitute the Bonds to be Refunded, the date of redemption of the Bonds to be
Refunded, and other actions in connection with the issuance of the Series 201 1 Bonds and the
refunding, defeasance and redemption of the Bonds to be Refunded, all as provided and subject
to the limitations contained herein; and
WHEREAS, the City has determined that due to the character of the Series 201 1 Bonds,
current favorable market conditions, the uncertainty inherent in a competitive bidding process
and the recommendations of the Financial Advisor, it is in the best interest of the City to
authorize the negotiated sale of the Series 201 1 Bonds; and
WHEREAS, in connection with the issuance of the Series 2011A Bonds, the
requirements of Ordinance No. 2007-3582, adopted by the Commission on November 21, 2007,
including the holding of two public hearings, have been complied with prior to the adoption of
this Series Resolution;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The above recitals are incorporated herein as findings.
SECTION 2. A Series of Additional Bonds of the City in an aggregate principal amount
not to exceed $54,000,000 is authorized to be issued pursuant to, and subject to the conditions of,
Section 209 of the Original Resolution and the authority granted to the City by the Act, for the
purpose of paying, together with any other available moneys, the Cost of the Series 201 1 Project
and funding the Reserve Account. The Series 20 1 1A Bonds shall be designated "City of Miami
Beach, Florida Stormwater Revenue Bonds, Series 201 lA," shall be issued as Current Interest
Bonds, shall be issued in fully registered form as provided in Section 202 of the Original
Resolution, shall be in the denominations of $5,000 or any whole multiple thereof and shall be
numbered R- 1 upwards.
A Series of Refunding Bonds of the City in an aggregate principal amount not to exceed
$28,000,000 is authorized to be issued pursuant to, and subject to the conditions of, Section 210
of the Original Resolution and the authority granted to the City by the Act, for the purpose of
providing moneys, together with any other available moneys, to pay the Refunding
Requirements. The Series 20 1 1 B Bonds shall be designated "City of Miami Beach, Florida
Stormwater Revenue Refunding Bonds, Series 201 lB," shall be issued as Current Interest
Bonds, shall be issued in fully registered form as provided in Section 202 of the Original
Resolution, shall be in the denominations of $5,000 or any whole multiple thereof and shall be
numbered R- 1 upwards.
Each Series of the Series 201 1 Bonds shall be issued in such aggregate principal amount,
shall be dated and issued at such time or times, shall be in the form of Serial Bonds and/or Term
Bonds, shall have such Interest Payment Dates, shall bear interest at such fixed rates, but not to
exceed the maximum rate permitted by law, shall be stated to mature on such dates, but not later
than September 30, 2041, as to any Term Bonds, shall have Amortization Requirements payable -.
in such amounts and on such dates, and shall be subject to redemption prior to maturity, all as
shall be determined by the Mayor, after consultation with the Chief Financial Officer and the
Financial Advisor, and specified in a certificate of the Mayor executed at the time of the sale of
the Series 201 1 Bonds (the "Series 201 1 Mayor's Certificate"). Term Bonds, if any, will be
callable at par with accrued interest, without premium, each year in amounts equal to the
respective Amortization Requirements therefor. Principal of and interest and redemption
premium, if any, on the Series 201 1 Bonds shall be payable in accordance with the provisions of
the Bond Resolution. The execution of the Series 201 1 Mayor's Certificate shall be conclusive
evidence of the City's approval of the details of the Series 201 1 Bonds.
Notwithstanding anything to the contrary contained in this Series Resolution, the
authorization pursuant to this Series Resolution of the issuance of each Series of the Series 201 1
Bonds is independent of the authorization pursuant to this Series Resolution of the issuance of the
other Series of the Series 201 1 Bonds, and each Series of the Series 201 1 Bonds may be issued
(A) without the issuance of the other Series of the Series 201 1 Bonds, or (B) at separate times.
In any such event, the documents approved pursuant to this Series Resolution may be modified as
necessary or separate versions of such documents may be prepared and used with respect to each
Series of the Series 201 1 Bonds to the extent applicable to such Series of the Series 201 1 Bonds.
SECTION 3. In accordance with the provisions of the Bond Resolution, the Series 201 1
Bonds shall be limited obligations of the City payable solely from the Net Revenues and, to the
extent provided in the Bond Resolution, from certain Funds and Accounts which are pledged to
the payment thereof in the manner provided in the Bond Resolution, and nothing shall be
construed as obligating the City to pay the principal, interest and premium, if any, thereon except
from the Net Revenues and, to the extent provided in the Bond Resolution, said Funds and
Accounts or as pledging the full faith and credit of the City or any form of taxation whatever to
such payments.
SECTION 4. It is hereby found and determined that due to the character of the Series
201 1 Bonds, current favorable market conditions, the uncertainty inherent in a competitive
bidding process and the recommendations of the Financial Advisor, the negotiated sale of the
Series 201 1 Bonds is in the best interest of the City. The negotiated sale of the Series 201 1
Bonds to J.P. Morgan Securities LLC (the "Senior Managing Underwriter") on behalf of itself
and Merrill Lynch, Pierce, Fenner & Smith Incorporated, SunTrust Robinson Humphrey, Inc.
and Morgan Stanley & Co. Incorporated (collectively with the Senior Managing Underwriter, the
"Underwriters") is hereby authorized at a purchase price (not including original issue premium
or original issue discount) with respect to each Series of the Series 201 1 Bonds of not less than
99% of the aggregate principal amount of such Series of the Series 201 1 Bonds (with respect to
each Series of the Series 20 1 1 Bonds, the "Minimum Purchase Price") and at a true interest cost
rate ("TIC") (i) with respect to the Series 201 1A Bonds, not to exceed 5.75% (the "Series 201 1A
Maximum TIC"), and (ii) with respect to the Series 201 1B Bonds, which will result in total
present value debt service savings on the Bonds to be Refunded of not less than 3.00% (the
"Series 201 1B Maximum TIC"). The Mayor, after consultation with the Chief Financial Officer
and the Financial Advisor, is hereby authorized to award the Series 2011 Bonds to the
Underwriters at a purchase price with respect to each Series of the Series 201 1 Bonds of not less
than the Minimum Purchase Price and at a TIC (i) with respect to the Series 201 1A Bonds, not in
excess of the Series 201 1A Maximum TIC and (ii) with respect to the Series 20 1 1 B Bonds, not
in excess of the Series 201 1B Maximum TIC. The execution and delivery of the Series 201 1
Bond Purchase Agreement for and on behalf of the City by the Mayor shall be conclusive
evidence of the City's acceptance of the Underwriters' proposal to purchase the Series 201 1
Bonds.
SECTION 5. Upon compliance with the requirements of Section 218.385, Florida
Statutes, by the Underwriters, the Commission hereby authorizes the Mayor to execute and
deliver a Bond Purchase Agreement for the Series 201 1 Bonds (the "Series 201 1 Bond Purchase
Agreement") for and on behalf of the City, in substantially the form presented at the meeting at
which this Series Resolution was considered, subject to such changes, modifications, insertions
and omissions and such filling-in of blanks therein as may be determined and approved by the
Mayor, after consultation with the Chief Financial Officer and the City Attorney. The execution
of the Series 20 1 1 Bond Purchase Agreement for and on behalf of the City by the Mayor shall be
conclusive evidence of the City's approval of the Bond Purchase Agreement.
SECTION 6. The Bond Registrar is hereby authorized and directed to authenticate the
Series 201 1 Bonds and to deliver the Series 201 1 Bonds to or upon the order of the Underwriters
upon payment of the purchase price, as shall be set forth in the Series 201 1 Bond Purchase
Agreement, and satisfaction of the conditions contained in Section 209 and Section 210, as
applicable, of the Original Resolution.
SECTION 7. The proposed Preliminary Official Statement (the "Series 201 1
Preliminary Official Statement") and Official Statement (the "Series 201 1 Official Statement")
in connection with the issuance of the Series 201 1 Bonds are hereby approved in substantially
the form of the Series 20 1 1 Preliminary Official Statement presented at the meeting at which this
Series Resolution was considered, subject to such changes, modifications, insertions and
omissions and such filling-in of blanks therein as may be determined and approved by the
Mayor, after consultation with the Chief Financial Officer and the City Attorney. The execution
of the Official Statement, for and on behalf of the City by the Mayor and the City Manager shall
be conclusive evidence of the City's approval of the Series 201 1 Preliminary Official Statement
and the Series 201 1 Official Statement. The distribution of said Series 201 1 Preliminary Official
Statement and Series 201 1 Official Statement in connection with the marketing of the Series
201 1 Bonds and the execution and delivery of the Series 201 1 Official Statement by the Mayor
and the City Manager are hereby authorized. The Mayor or her designee, after consultation with
the Chief Financial Officer and the City Attorney, is hereby authorized to make any necessary
certifications to the Underwriters regarding a near final or deemed final Series 201 1 Official
Statement, if and to the extent required by Rule 15~2-12 of the United States Securities and
Exchange Commission (the "Rule").
SECTION 8. The proceeds of the Series 201 1 Bonds and, to the extent determined by
the Chief Financial Oficer, moneys on deposit in the Debt Service Account on account of the
Bonds to be Refunded shall be applied in accordance with the provisions of Section 209 and
Section 21 0, as applicable, of the Original Resolution and this Series Resolution, all as specified
in a certificate of the Chief Financial Officer delivered concurrently with the issuance of the
Series 201 1 Bonds, including, to the extent provided in such certificate, for the payment of
interest accruing on the Series 201 1A Bonds prior to, during and after construction of the Series
201 1 Project.
In accordance with the provisions of the Bond Resolution, there is hereby created within
the Construction Fund a "Series 201 1A Construction Account" and within said Series 201 1A
Construction Account, a "Series 201 1A Construction Subaccount" for the deposit of proceeds of
the Series 201 1A Bonds to be applied to the payment of the Cost of the Series 201 1 Project,
other than the portion thereof representing expenses incurred in the issuance of the Series 201 1A
Bonds, and a "Series 201 1A Cost of Issuance Subaccount" for the deposit of proceeds of the
Series 201 1A Bonds to be applied to the payment of expenses incurred in the issuance of the
Series 201 1A Bonds.
In accordance with the provisions of the Bond Resolution, there is to be created pursuant
to the Escrow Deposit Agreement (hereinafter defined) a "City of Miami Beach, Florida
Stormwater Revenue Bonds, Series 2000 Escrow Deposit Trust Fund" (the "Escrow Deposit
Trust Fund"), to be held by the Escrow Agent (hereinafter defined), for the deposit of proceeds
of the Series 201 1 B Bonds and other available moneys to be applied as shall be provided in the
Escrow Deposit Agreement. There is hereby created a "Series 201 1B Cost of Issuance Account"
for the deposit of proceeds of the Series 201 1 B Bonds to be applied to the payment of expenses
incurred in the issuance of the Series 2011B Bonds and the refunding, defeasance and
redemption of the Bonds to be Refunded.
The proceeds of the Series 201 1 Bonds shall be invested in accordance with the
provisions of Section 602 of the Original Resolution in Investment Obligations as determined by
the Chief Financial Officer; provided, however, that the portion of the proceeds of the Series
201 1B Bonds and other available moneys deposited in the Escrow Deposit Trust Fund shall be
invested as provided in Section 11 of this Series Resolution and in the Escrow Deposit
Agreement.
SECTION 9. In connection with the issuance of the Series 201 1 Bonds and for the
purpose of complying with the covenants contained in Section 605 of the Original Resolution,
there are hereby created (i) with respect to the Series 201 1A Bonds, a special fund designated
"Series 201 1A Arbitrage Rebate Fund," and (ii) with respect to the Series 201 1B Bonds, a
special fund designated "Series 201 1B Arbitrage Rebate Fund," each of which shall be held by
the City and constitute an Arbitrage Rebate Fund under the Bond Resolution.
SECTION 10. The Series 2011 Bonds shall be executed in the form and manner
provided in the Bond Resolution. The Series 201 1 Bonds are hereby authorized to be issued
initially in book-entry form and registered in the name of The Depository Trust Company, New
York, New York ("DTC"), or its nominee which will act as securities depository for the Series
201 1 Bonds. The Chief Financial Officer is hereby authorized and directed to execute any
necessary letters of representations with DTC and, notwithstanding the provisions of the Bond
Resolution, to do all other things, comply with all requirements and execute all other such
documents as are incidental to such book-entry system. In the event a book-entry system for the
Series 201 1 Bonds ceases to be in effect, the Series 201 1 Bonds shall be issued in fully
certificated form.
SECTION 1 1. The refunding, defeasance and redemption of the Bonds to be Refunded is
hereby authorized and approved. The Mayor, after consultation with the Chief Financial Officer
and the Financial Advisor, is hereby authorized to determine the Outstanding Series 2000 Bonds
which will constitute the Bonds to be Refunded and the date of redemption of the Bonds to be
Refunded, all as shall be set forth in the Escrow Deposit Agreement. The Mayor and the City
Clerk are hereby authorized to execute and deliver an Escrow Deposit Agreement to provide for
the defeasance, payment and redemption of the Bonds to be Refunded (the "Escrow Deposit
Agreement") with U.S. Bank National Association, who is hereby appointed escrow agent with
respect to the Bonds to be Refunded (the "Escrow Agent"), in substantially the form presented at
the meeting at which this Series Resolution was considered, subject to such changes,
modifications, insertions and omissions and such filling-in of blanks therein as may be
determined and approved by the Mayor, after consultation with the Chief Financial Officer and
the City Attorney. The purchase of Government Obligations from the proceeds of the Series
201 1B Bonds and other available moneys in order to provide for the defeasance, payment and
redemption of the Bonds to be Refunded is hereby authorized and approved. The execution and
delivery of the Escrow Deposit Agreement by the Mayor and City Clerk shall be conclusive
evidence of the City's approval of the Outstanding Series 2000 Bonds which will constitute the
Bonds to be Refunded, the date of redemption of the Bonds to be Refunded, the Escrow Deposit
Agreement and the purchase of the Government Obligations.
SECTION 12. For the benefit of the Holders and beneficial owners from time to time of
the Series 201 1 Bonds, the City agrees, in accordance with and as the only obligated person with
respect to the Series 201 1 Bonds under the Rule, to provide or cause to be provided certain
financial information and operating data, financial statements and notices, in such manner, as
may be required for purposes of paragraph (b)(5) of the Rule, In order to describe and specify
the terms of the City's continuing disclosure agreement, the Chief Financial Officer is hereby
authorized and directed to enter into and deliver, in the name and on behalf of the City, a
Disclosure Dissemination Agent Agreement (the "Series 2011 Continuing Disclosure
Agreement"), with Digital Assurance Certification, L.L.C. ("DAC"), which is hereby appointed
as disclosure dissemination agent with respect to the Series 201 1 Bonds, in substantially the form
presented at the meeting at which this Series Resolution was considered, subject to such changes,
modifications, insertions and omissions and such filling-in of blanks therein as may be
determined and approved by the Chief Financial Officer, after consultation with the City
Attorney. The execution of the Series 201 1 Continuing Disclosure Agreement, for and on behalf
of the City by the Chief Financial Officer, shall be deemed conclusive evidence of the City's
approval of the Series 201 1 Continuing Disclosure Agreement. Notwithstanding any other
provisions of the Bond Resolution, including this Series Resolution, any failure by the City to
comply with any provisions of the Series 201 1 Continuing Disclosure Agreement shall not
constitute an Event of Default under the Bond Resolution and the remedies therefor shall be
solely as provided in the Series 201 1 Continuing Disclosure Agreement.
The Chief Financial Officer is further authorized to establish procedures in order to
ensure compliance by the City with the Series 201 1 Continuing Disclosure Agreement, including
the timely provision of information and notices. Prior to making any filing in accordance with
such agreement, the Chief Financial Officer may consult with, as appropriate, the City Attorney
or Bond Counsel. The Chief Financial Officer, acting in the name and on behalf of the City,
shall be entitled to rely upon any legal advice provided by the City Attorney or Bond Counsel in
determining whether a filing should be made.
SECTION 13. U.S. Bank National Association is hereby appointed as Bond Registrar for
the Series 201 1 Bonds.
SECTION 14. The officers, agents and employees of the City, the Bond Registrar, the
Escrow Agent and DAC are hereby authorized and directed to do all acts and things and execute
and deliver all documents, agreements and certificates required of them by the provisions of the
Series 201 1 Bonds, the Bond Resolution, the Series 201 1 Bond Purchase Agreement, the Escrow
Deposit Agreement, the Series 201 1 Continuing Disclosure Agreement and this Series
Resolution, for the full, punctual and complete performance of all the terms, covenants,
provisions and agreements of the Series 201 1 Bonds, the Bond Resolution, the Series 201 1 Bond
Purchase Agreement, the Escrow Deposit Agreement, the Series 201 1 Continuing Disclosure
Agreement and this Series Resolution.
SECTION 15. This Series Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED this day of ,201 1
Mayor
(Seal)
Attest:
City Clerk
APPROVED AS TO
FORM & LANGUAGE
8 FOR EXECUTION
A A
EXHIBIT A
SERIES 201 1 PROJECT
The Series 201 1 Project includes the following:
- Neighborhoods stormwater improvements
- Drainage improvements
- Outfall pipes replacementslrepairs
- Pump stations installationslimprovementslrepairs
The Series 201 1 Project also includes development of a revised Citywide Stormwater
Master Plan in connection with Improvements to the Stormwater Utility.
The Commission may approve by resolution other Improvements as part of the Series
201 1 Project in addition to andlor in lieu of one or more of the above Improvements.
EWP DRAFT 10/11/2011
CITY OF MIAMI BEACH, FLORIDA
$
Stormwater Revenue Bonds
Series 2011A
$
Stormwater Revenue Refunding Bonds,
Series 2011B
BOND PURCHASE AGREEMENT
Mayor and City Commission
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
Ladies and Gentlemen:
JP Morgan Securities LLC (the "Senior Managing Underwriter"), acting on behalf of
itself and Merrill Lynch, Pierce Fenner & Smith Incorporated, Morgan Stanley & Co.
Incorporated, and SunTrust Robinson Humphrey, Inc. (collectively, with the Senior Managing
Underwriter, the "Underwriters"), offer to enter into this Bond Purchase Agreement (this
"Purchase Agreement") with the City of Miami Beach, Florida (the "City"), for the sale by the
City and the purchase by the Underwriters of the City's $ Stormwater
Revenue Bonds, Series 2011A (the "Series 2011A Bonds") and the City's $
$ Stormwater Revenue Refunding Bonds, Series 20118 (the "Series 20118 Bonds
and together with the Series 2011A Bonds, the "Series 2011 Bonds"). This offer is made subject
to acceptance by the City prior to 5:00 p.m. (Eastern Time) on the date hereof. Upon such
acceptance, this Purchase Agreement will be in full force and effect in accordance with its terms
and will be binding on the City and the Underwriters. If this offer is not so accepted, it is subject
to withdrawal by the Underwriters upon written notice delivered to the City at any time prior
to such acceptance. In conformance with Section 218.385, Florida Statutes, as amended, the
Underwriters hereby deliver the Disclosure and Truth-in-Bonding Statement attached hereto as
Exhibit "A," Capitalized terms used in this Purchase Agreement, but not defined, are used with
the meanings ascribed to them in the Bond Resolution hereinafter mentioned.
The Senior Managing Underwriter represents that it is authorized on behalf of itself and
the other Underwriters to enter into this Purchase Agreement and to take any other actions that
may be required on behalf of the Underwriters.
SECTION 1.
(a) Upon the terms and conditions and upon the basis of the representations and
warranties herein set forth, the Underwriters hereby agree to purchase from the
City and the City hereby agrees to sell to the Underwriters all (but not less than
all) of the Series 2011A Bonds for a purchase price equal to $
(which purchase price is the aggregate principal amount of the Series 2011A
Bonds, plus net premium of $ and less an Underwriters' discount
of $ ) and all (but not less than all) of the Series 2011B Bonds for a
purchase price equal to $ (which purchase price is the aggregate
principal amount of the Series 2011B Bonds plus net premium of $
and less an Underwriters' discount of $ ). The purchase price for
the Series 2011 Bonds shall be payable to the City in immediately available funds.
(b) The City hereby acknowledges receipt of a corporate check payable to the City in
an amount equal to one percent (1%) of the principal amount of the Series 2011
Bonds (the "Good Faith Check") as security for the performance by the < -
Underwriters of their obligation to accept and pay for the Series 2011 Bonds at
the Closing (hereinafter defined) in accordance with the provisions of this
Purchase Agreement. The City shall retain the check, uncashed, except under the
circumstances hereinafter set forth. In the event the City fails to deliver the
Series 2011 Bonds at the Closing, or if City shall be unable to satisfy the
conditions to the obligations of the Underwriters contained in this Purchase
Agreement or if such obligations shall be terminated for any reason permitted by
this Purchase Agreement, the City shall be obligated to immediately return the
uncashed Good Faith Check to the Underwriters. In the event the Underwriters
accept and pay for the Series 2011 Bonds at Closing, the uncashed Good Faith
Check shall be returned to the Underwriters at Closing. In the event the
Underwriters fail (other than for a reason permitted under this Purchase
Agreement) to accept and pay for the Series 2011 Bonds at Closing, the Good
Faith Check may be cashed and the proceeds thereof shall be retained by the City
as and for full liquidated damages for such failure, and not as a penalty, and for
any and all defaults hereunder on the part of the Underwriters, and thereupon,
all claims and rights hereunder against the Underwriters shall be fully released
and discharged, it being understood by the City and the Underwriters that actual
damages in such circumstances may be difficult or impossible to compute.
(c) The Series 2011 Bonds will be issued pursuant to Chapter 166, Florida Statutes, as
amended, and the City of Miami Beach Charter and Section 403.0893(1), Florida
Statutes (collectively, the "Act") and other applicable provisions of law and
pursuant and subject to the terms and conditions of Resolution No. 2000-24127
adopted by the Mayor and City Commission of the City of Miami Beach, Florida
(the "Commission") on October 18, 2000 and Resolution No. 2011-
adopted by the Mayor and Commission on , 2011 (the "Series 2011
Resolution" and collectively with the Resolution No. 2000-24127, the "Bond
Resolution"). The Series 2011 Bonds will be secured as provided in the Bond
Resolution. The Series 2011 Bonds shall mature and have such other terms and
provisions as are described on Exhibit "B" hereto. Proceeds of the Series 2011A
Bonds will provide funds, together with other available funds, to (i) pay the costs
of certain capital improvements to the Stormwater Utility described in the Series
2011 Resolution (the "Series 2011 Project"), (ii) fund a deposit to the Reserve
Account, and (iii) pay costs of issuance of the Series 2011A Bonds. Proceeds of
the Series 2011B Bonds will provide funds, together with other available funds,
to (i) currently refund, defease and redeem all of the City's outstanding
Stormwater Revenue Bonds, Series 2000, previously issued in the aggregate
principal amount of $52,170,000, of which $27,105,000 are now outstanding (the
"Bonds to be Refunded"), and (ii) pay costs of issuance of the Series 2011B Bonds
and of refunding, defeasance and redemption of the Bonds to be Refunded. It
shall be a condition to the obligation of the City to sell and deliver the Series 2011
Bonds to the Underwriters, and to the obligation of the Underwriters to purchase
and accept delivery of the Series 2011 Bonds, that the entire aggregate principal
amount of the Series 2011 Bonds shall be sold and delivered by the City and
accepted and paid for by the Underwriters at the Closing.
(d) The Underwriters agree to make a bona fide public offering of the Series 2011
Bonds at the initial offering prices set forth on the inside cover of the Official
Statement for the Series 2011 Bonds. The Underwriters, however, reserve the
right to change such initial offering prices as the Underwriters shall deem
necessary in connection with the marketing of the Series 2011 Bonds and to offer
and sell the Series 2011 Bonds to certain dealers (including dealers depositing the
Series 2011 Bonds into investment trusts, including investment trusts managed
by the Underwriter) and others at prices lower than the initial offering prices set
forth on the inside cover of such Official Statement. The Underwriters also
reserve the right to: (i) overallot or effect transactions that stabilize or maintain
the market price of the Series 2011 Bonds at a level above that which might
otherwise prevail in the open market; and (ii) discontinue such stabilization, if
commenced, at any time.
(e) The City agrees to deliver to the Underwriters, at such addresses as the
Underwriters specify, as many copies of the Official Statement, dated today
related to the Series 2011 Bonds, including the cover pages and all appendices,
exhibits, reports and statements included therein or attached thereto
(collectively, the "Official Statement") as the Underwriters reasonably request in
order to comply with the rules of Municipal Securities Rulemaking Board (the
"MSRB") and Rule 15c2-12(b)(4) under the Securities Exchange Act of 1934, as
amended (the "1934 Act"). The City agrees to deliver the Official Statement,
executed by the Mayor and City Manager of the City, within seven (7) business
days after the execution hereof and in sufficient time to accompany any
confirmation that requests payment from any customer and as may be required
to enable the Underwriters to comply with such rules.
(f) If, at any time before the earlier of: (i) receipt of written notice from the
Underwriters pursuant to this Section l(e) or (ii) twenty-five (25) days past the
end of the "underwriting period" (as such term is defined in Rule 15c2-12 of the
Securities and Exchange Commission (the "Rule")), any event occurs with
respect to the City, the Series 2011 Project or the Series 2011 Bonds as a result of
which the Official Statement, as then amended or supplemented, might include
an untrue statement of a material fact, or omit to state any material fact necessary
to make the statements therein, in light of the circumstances under which they
were made, not misleading, the City shall promptly notify the Underwriters in
writing of such event and shall undertake to prepare any necessary amendment
or supplement to the Official Statement occasioned by the occurrence of such
event; any information supplied by the City for inclusion in any amendments or
supplements to the Official Statement will not contain any untrue or misleading
statement of a material fact or omit to state any material fact necessary to make
the statements therein, in the light of the circumstances under which they were
made, not misleading. Unless the City is otherwise notified by the Underwriters
in writing on or prior to the date of Closing, the end of the underwriting period
for the Series 2011 Bonds for all purposes of the Rule and this Purchase
Agreement is the date of Closing. In the event the written notice described in the
preceding sentence is given by the Underwriters to the City, such written notice
shall spec@ the date after which no participating underwriter, as such term is
defined in the Rule, remains obligated to deliver Official Statements pursuant to
paragraph (b)(4) of the Rule. On or before the date of Closing, the Underwriters
will file a copy of the Official Statement with the MSRB through its Electronic
Municipal Market Access system ("EMMA").
(g) The City hereby approves and authorizes the delivery and distribution of the
Preliminary Official Statement and the execution, delivery and distribution of the
Official Statement in substantially the form of the Preliminary Official Statement
presented at its Commission meeting, together with such other changes,
amendments or supplements as shall be made and approved in writing by the
Underwriters and the City prior to the Closing in connection with the public
offering and sale of the Series 201 1 Bonds.
SECTION 2.
The City represents and warrants to and agrees with the Underwriters as follows:
(a) The Bond Resolution was adopted by the Commission at meetings duly called
and held in open session upon requisite prior public notice pursuant to the laws
of the State of Florida and the standing resolutions and rules of procedure of the
Commission. The City has full right, power and authority to adopt the Bond
Resolution. On the date hereof, the Bond Resolution is, and, at the Closing it
shall be, in full force and effect, and no portions thereof have been or shall have
been supplemented, repealed, rescinded or revoked. The Bond Resolution
constitutes the legal, valid and binding obligation of the City, enforceable in
accordance with its terms. The Bond Resolution creates a lien upon and pledge
of Net Revenues for the payment of principal and interest on the Series 2011
Bonds.
(b) As of their respective dates and, with respect to the Official Statement, at the time
of Closing, the statements and information contained in the Preliminary Official
Statement and the Official Statement are and will be accurate in all material
respects for the purposes for which their use is authorized, and do not and will
not contain any untrue statement of a material fact or omit to state any material
fact necessary to make the statements therein, in the light of the circumstances
under which they were made, not misleading. In addition, any amendments to
the Preliminary Official Statement and the Official Statement prepared and
furnished by the City pursuant hereto will not contain any untrue statement of a
material fact or omit to state any material fact necessary to make the statements
therein, in the light of the circumstances under which they were made, not
misleading. The Series 2011 Bonds, the Bond Resolution, the Series 2011
Continuing Disclosure Agreement and the Escrow Deposit Agreement conform
to the descriptions thereof set forth in the Official Statement.
(c) As of its date, the Preliminary Official Statement was deemed "final" (except for
permitted omissions) by the City for purposes of paragraph (b)(l) of the Rule.
(d) On the date hereof, the Commission is the governing body of the City and the
City is, and will be on the date of the Closing, duly organized and validly
existing as a municipality under the Act, with the power and authority set forth
therein.
(e) The City has full right, power and authority to enter into this Purchase
Agreement, the Series 2011 Continuing Disclosure Agreement and the Escrow
Deposit Agreement (collectively, the "Bond Documents"), to issue and deliver
the Series 2011 Bonds as provided in this Purchase Agreement and the Bond
PMB 4241 11. 7
Resolution, to apply the proceeds of the sale of the Series 2011 Bonds for the
purposes described herein and in the Official Statement, to execute and deliver
the Bond Documents, and to carry out and consummate the transactions
contemplated by the aforesaid documents.
At meetings of the Commission that were duly called and at which a quorum
was present and acting throughout, the Commission approved the execution and
delivery of the Series 2011 Bonds and the Bond Documents; authorized the
execution and delivery of the Official Statement; and authorized the use of the
Official Statement in connection with the public offering of the Series 2011 Bonds.
Upon the defeasance of the Bonds to be Refunded, the City represents that it will
have no bonds or other indebtedness outstanding that are secured by the Net
Revenues, other than as described in the Official Statement. All conditions and
requirements of the Bond Resolution relating to the issuance of the Series 2011
Bonds have been complied with or fulfilled, or will be complied with or fulfilled
on the date of Closing.
Since September 30, 2010, there has been no material adverse change in the
financial position, results of operations or condition, financial or otherwise, of the
City or its Stormwater Utility other than as disclosed in the Official Statement
and the City has not incurred liabilities that would materialIy adversely affect its
ability to discharge its obligations under the Bond Resolution or the Bond
Documents, direct or contingent, other than as disclosed in the Official
Statement.
No authorization, approval, consent or license of any governmental body or
authority, not already obtained, is required for the valid and lawful execution
and delivery by the City of the Series 2011 Bonds, the Bond Documents, the
Official Statement and the adoption of the Bond Resolution and the performance
of its obligations thereunder or as contemplated thereby; provided, however,
that no representation is made concerning compliance with the registration
requirements of the federal securities laws or the securities or Blue Sky laws of
the various states.
Other than as disclosed in the Official Statement, the City is not on the date
hereof, and will not be on the date of Closing, in default under any instrument to
which the City is subject or by which it or its properties are or may be bound or
subject, which default would (i) have a material adverse effect on the condition
of the City or the Stormwater Utility, financial or otherwise or (ii) otherwise
materially affect its ability to perform its obligations under the Series 2011 Bonds,
the Bond Documents or the Bond Resolution. The City has not and is not now in
default in the payment of the principal of or the interest on any governmental
security issued or guaranteed by it after December 31,1975 which would require
disclosure pursuant to Section 517.051, Florida Statutes or Rule 3E-400.003 of the
Florida Department of Banking and Finance.
Except as disclosed in the Official Statement, there is no claim, action, suit,
proceeding, inquiry or investigation, at law or in equity, before or by any court,
governmental agency, or public board or body, pending or, to the best of its
knowledge, threatened: (i) contesting the corporate existence or powers of the
Commission, or the titles of the officers of the Commission to their respective
offices; (ii) seeking to prohibit, restrain or enjoin the sale, issuance or delivery of
the Series 2011 Bonds, the application of the proceeds of the Series 2011 Bonds or
the defeasance of the Bonds to be Refunded or in which an unfavorable decision,
ruling or finding would materially adversely affect the financial position of the
City or the operations of its Stormwater Utility or the validity or enforceability of
the Series 2011 Bonds or the Bond Documents; (iii) contesting in any way the
completeness or accuracy of the Official Statement; or (iv) challenging the City's
ownership or operation of the Stormwater Utility, nor, to the best knowledge of
the City, is there any basis therefor.
(k) When duly executed and delivered, the Series 2011 Bonds, and the Bond
Documents will have been duly authorized, executed, issued and delivered and
will constitute valid and binding obligations of the City, enforceable in
accordance with their respective terms, except insofar as the enforcement thereof
may be limited by bankruptcy, insolvency or similar laws relating to the
enforcement of creditors' righis.
(1) The City will furnish such information, execute such instruments and take such
other action in cooperation with the Underwriters as the Underwriters may
reasonably request to: (i) qualify the Series 2011 Bonds for offer and sale under
the "blue sky" or other securities laws and regulations of such states and other
jurisdictions of the United States of America as the Underwriters may designate;
(ii) determine the eligibility of the Series 2011 Bonds for investment under the
laws of such states and other jurisdictions; and (iii) continue such qualifications
in effect so long as required for the distribution of the Series 2011 Bonds;
provided that the City will not be required to qualify to do business or submit to
service of process in any such jurisdiction.
(m) The City has not been notified of any listing or the proposed listing of the City by
the Internal Revenue Service as an issuer whose arbitrage certifications may not
be relied upon.
(n) Any certificate signed by any official of the City and delivered to the
Underwriters will be deemed to be a representation by the City to the
Underwriters as to the statements made therein.
(0) The City will undertake, pursuant to the Series 2011 Continuing Disclosure
Agreement, to provide or cause to be provided to the MSRB certain annual
financial information and operating data of the Stormwater Utility, and certain
notices of material events, as more fully set forth in the Series 2011 Continuing
Disclosure Agreement. A description of the undertaking will be set forth in the
Official Statement.
(P) The Financial Statements included in the Official Statement have been prepared
in accordance with generally accepted accounting principles applied on a
consistent basis with that of the audited combined financial statements of the
City and fairly present the financial condition and results of the operations of the
City and the Stormwater Utility at the dates and for the periods indicated.
(q) The City will provide to the rating agencies rating the Series 2011 Bonds
appropriate periodic credit information necessary for maintaining the ratings on
the Series 201 1 Bonds.
(r) The City has at all times complied with its obligations under the Rule.
SECTION 3.
On or before the acceptance by the City of this Purchase Agreement, the Underwriters
shall receive from the City a certified copy of the Bond Resolution.
SECTION 4.
At 10:OO a.m. (Eastern Time) on 2011, or at such earlier or later time
or date as the parties hereto mutually agree upon (the "Closing"), the City will cause to be
delivered to the Underwriters, at the offices of Squire, Sanders & Dempsey (US) LLP ("Bond
Counsel"), in the City of Miami, Florida or at such other place upon which the parties hereto
may agree, the documents mentioned in Section 5(b) of this Purchase Agreement and shall
release the Series 2011 Bonds, in the form of one typewritten, fully registered bond with a
CUSIP identification number thereon for each maturity of each Series of the Series 2011 Bonds,
duly executed and authenticated and registered in the name of Cede & Co., as nominee for
DTC, through the DTC FAST System to the Underwriters. At the Closing, the Underwriters
shall evidence their acceptance of delivery of the Series 2011 Bonds and pay the purchase price
of the Series 2011 Bonds as set forth in Section l(a) of this Purchase Agreement.
SECTION 5.
The Underwriters have entered into this Purchase Agreement in reliance upon the
representations and agreements of the City herein and the performance by the City of its
obligations hereunder, both as of the date hereof and as of the date of Closing. The City's and
the Underwriters' obligations under this Purchase Agreement are and will be subject to the
following further conditions:
(a) at the time of Closing: (i) the Bond Resolution and the Bond Documents will be
in full force and effect and will not have been amended, modified or
supplemented, except as may have been agreed to in writing by the
Underwriters; (ii) the proceeds of the sale of the Series 2011 Bonds shall be
applied as described in the Official Statement; and (iii) the Commission shall
have duly adopted and there shall be in full force and effect, resolutions as, in the
opinion of Bond Counsel, shall be necessary in connection with the transactions
contemplated hereby;
*,
(b) at or prior to the Closing, the Underwriters shall receive the following
documents:
(i) the opinion of Bond Counsel with respect to the Series 2011 Bonds, dated
the date of Closing, substantially in the form attached to the Official
Statement as Appendix F, either addressed to the Underwriters and the
City or accompanied by a letter addressed to the Underwriters indicating
that it may rely on said opinion as if it were addressed to them;
(ii) a supplemental opinion of Bond Counsel, dated the date of the Closing
and addressed to the Underwriters to the effect that: (A) they have
reviewed the statements in the Official Statement under the captions
"INTRODUCTION", "PURPOSE OF THE SERIES 2011 BONDS,
"REFUNDING PLAN", "THE SERIES 2011 BONDS (except for
information under the subheading "Book-Entry Only System"),
"SECURITY FOR THE SERIES 2011 BONDS (except for the information
under the subheading "RESERVE ACCOUNT - EXISTING RESERVE
ACCOUNT INSURANCE POLICY"), and "CONTINUING
DISCLOSURE, and believe that, insofar as such statements purport to
summarize certain provisions of the Series 2011 Bonds, the Bond
Resolution and the Series 2011 Continuing Disclosure Agreement, such
statements present an accurate summary of such provisions; (B) they
have reviewed the statements in the Official Statement under the caption
"TAX MATTERS" and believe that such statements are accurate; and (C)
the Series 2011 Bonds are exempt from the registration requirements of
the Securities Act of 1933, as amended (the "1933 Act");
(iii) the opinion of Edwards Wildman Palmer LLP, Counsel for the
Underwriters, dated the date of Closing and addressed to the
Underwriters in form and substance acceptable to the Underwriters,
including an opinion that the Continuing Disclosure Agreement
complies, in all material respects, with the requirements of Rule 15(c)2-
12(b)(5);
(iv) the opinion of Jose Smith, Esq., Counsel to the City, dated the date of
Closing and addressed to the Underwriters and the City, to the effect that:
(A) the Commission is the governing body of the City and the City is
validly existing as a municipality under the Act, with all corporate power
necessary to conduct the operations described in the Official Statement
and to carry out the transactions contemplated by this Purchase
Agreement; (B) the City has obtained all governmental consents,
approvals and authorizations necessary for execution and delivery of the
Bond Documents, for issuance of the Series 2011 Bonds and for execution
and delivery of the Official Statement and consummation of the
transactions contemplated thereby and hereby; (C) the City has full legal
right, power and authority to pledge and grant a lien on the Net
Revenues for the security of the Series 2011 Bonds; (D) the City
Commission has duly adopted the Bond Resolution and approved the
form, execution, distribution and delivery of the Official Statement; (E)
the Series 2011 Bonds and the Bond Documents have each been duly
authorized, executed and delivered by the City and, assuming due
authorization, execution and delivery thereof by the other parties thereto,
if any, each constitutes a valid and binding agreement of the City,
enforceable in accordance with its terms; (F) the information in the
Official Statement with respect to the City (excluding financial, statistical
and demographic information and information relating to DTC, as to
which no opinion need be expressed) is, to the best knowledge of such
counsel after due inquiry with respect thereto, correct in all material
respects and does not omit any matter necessary in order to make the
statements made therein regarding such matters, in light of the
circumstances under which such statements are made, not misleading,
and, based on its participation as counsel to the City, such counsel has no
reason to believe that the Official Statement (excluding financial,
statistical and demographic information and information relating to DTC)
contained as of its date or contains any untrue statement of a material fact
or omitted or omits to state any material fact necessary to make the
statements therein, in light of the circumstances under which they were
made, not misleading; (G) except as disclosed in the Official Statement
under the caption "LITIGATION," there is no action, suit, proceeding or
investigation at law or in equity before or by any court, public board or
body pending or, to the best of knowledge of such counsel, threatened,
against or affecting the Commission or the City challenging the validity
of the Series 2011 Bonds, the Bond Documents, or any of the transactions
contemplated thereby or by the Official Statement, or challenging the
existence of the City or the respective powers of the several offices of the
officials of the City or the titles of the officials holding their respective
offices, or challenging the City's ownership or operation of the
Stormwater Utility or the pledge of the Net Revenues for the payment of
the Series 2011 Bonds, nor is there any basis therefor; (H) the execution
and delivery of the Bond Documents and the issuance of the Series 2011
Bonds, and compliance with the provisions thereof, under the
circumstances contemplated thereby, do not and will not in any material
respect conflict with or constitute on the part of the City a breach of or
default under, or result in the creation of a lien on any property of the
City (except as contemplated therein) pursuant to any note, mortgage,
deed of trust, indenture, resolution or other agreement or instrument to
which the Commission or the City is a party, or any existing law,
regulation, court order or consent decree to which the Commission or the
City is subject;
(v) a certificate, dated the date of Closing, signed on behalf of the City by the
Mayor and the City Manager of the City, setting forth such matters as the
Underwriters may reasonably require, including that each of the
representations of the City contained in Section 2 hereof was true and
accurate in all material respects on the date when made, has been true
and accurate in all material respects at all times since, and continues to be
true and accurate in all material respects on the date of Closing as if made
on such date; and stating that to the best of their knowledge, no event
affecting the City, the Series 2011 Project, the Stormwater Utility or the
Series 2011 Bonds has occurred since the date of the Official Statement
which should be disclosed therein for the purpose for which it is used or
which is necessary to disclose therein in order to make the statements and
information therein not misleading in any material respect as of the date
of Closing;
(vi) a customary signature certificate, dated the date of Closing, signed on
behalf of the City by the City Clerk of the City;
(vii) letters from Moody's Investors Service, Inc. ("Moody's") and Standard &
Poor's Ratings Services ("S&P") addressed to the City, to the effect that
the Series 2011 Bonds have been assigned ratings of "" and "-",
respectively, which ratings shall be in effect as of the Closing date;
(viii) a customary authorization and incumbency certificate, dated the date of
Closing, signed by authorized officers of the Bond Registrar;
(ix) copies of the Blue Sky Survey and Legal Investment Survey, if any,
prepared by Counsel to the Underwriters, indicating the jurisdictions in
which the Series 2011 Bonds may be sold in compliance with the "blue
sky" or securities laws of such jurisdictions;
(x) such additional documents as may be required by the Bond Resolution to
be delivered as a condition precedent to the issuance of the Series 2011
Bonds;
(xi) the escrow verification report of with respect to
the defeasance of the Refunded Bonds;
(xii) one executed copy of a letter from the Consulting Engineers consenting to
the references to them in the Official Statement and inclusion of its Report
of Consulting Engineer as Appendix B to the Official Statement;
(xiii) one executed copy of certificates of each of the Public Works Director and
the Consulting Engineers to the effect that the information contained in
the Official Statement under the caption "THE STORMWATER UTILITY"
is accurate and does not omit to state a material fact necessary in order to
make the statements made therein, in light of the circumstances under
which they were made, not misleading; and
(xiv) such additional legal opinions, proceedings, instruments and other
documents as the Underwriters, Underwriters' Counsel or Bond Counsel
may reasonably request.
All of the opinions, letters, certificates, instruments and other documents mentioned in
this Purchase Agreement shall be deemed to be in compliance with the provisions of this
Purchase Agreement if, but only if, in the reasonable judgment of the Underwriters and
Underwriters' Counsel, they are satisfactory in form and substance.
SECTION 6.
If the City shall be unable to satisfy the conditions to the Underwriters' obligations
contained in this Purchase Agreement or if the Underwriters' obligations are terminated for any
reason permitted by this Purchase Agreement, this Purchase Agreement shall terminate and the
Underwriters and the City shall have no further obligation hereunder, except that the respective
obligations of the parties hereto provided in Section 7 hereof shall continue in full force and
effect and the City shall return the Good Faith Check as provided in Section I@).
SECTION 7.
(a) The following costs and expenses relating to the transaction contemplated or
described in this Purchase Agreement shall be borne and paid by the City
regardless of whether the transaction contemplated herein shall close: printing of
Series 2011 Bonds; printing or copying of closing documents (including the
Preliminary Official Statement and the Official Statement) in such reasonable
quantities as the Underwriters may request; fees and disbursements of Bond
Counsel; fees and disbursements of the City's Financial Advisor; any accounting
fees; the Bond Registrar fees; fees of the rating agencies; and any other fees as
described in Schedule A-1 hereto.
(b) The Underwriters will pay: (i) the fees and disbursements of Underwriters'
Counsel; (ii) all advertising expenses in connection with the public offering of the
Series 2011 Bonds; and (iii) the cost of preparing, printing and distributing the
Blue Sky and Legal Investment Surveys, if any, and the filing fees required by the
"blue sky" laws of various jurisdictions.
SECTION 8.
The City acknowledges and agrees that (i) the purchase and sale of the Series 2011 Bonds
pursuant to this Purchase Agreement is an arm's-length commercial transaction between the
City and the Underwriters; (ii) in connection therewith and with the discussions, undertakings
and procedures leading up to the consummation of such transaction, the Underwriters are and
have been acting solely as a principal and are not acting as the agent or fiduciary of the City; (iii)
the Underwriters have not assumed an advisory or fiduciary responsibility in favor of the City
with respect to the offering contemplated hereby or the discussions, undertakings and
procedures leading thereto (irrespective of whether the Underwriters have provided other
services or are currently providing other services to the City on other matters) and the
Underwriters have no obligation to the City with respect to the offering contemplated hereby
except the obligations expressly set forth in this Purchase Agreement; (iv) the City has consulted
its own legal, financial and other advisors to the extent it has deemed appropriate; and (v) the
Underwriters have financial and other interests that differ from those of the City.
SECTION 9.
The Underwriters shall have the right to cancel their obligations hereunder by notifying
the City in writing or by telegram of their election to do so between the date hereof and the
Closing if, at any time hereafter and on or prior to the Closing:
(a) With the exception of the American Jobs Act of 2011 and the Debt Reduction Act
of 2011, a committee of the House of Representatives or the Senate of the
Congress of the United States shall have pending before it legislation, or a
tentative decision with respect to legislation shall be reached by a committee of
the House of Representatives or the Senate of the Congress of the United States
of America, or legislation shall be favorably reported by such a committee or be
introduced, by amendment or otherwise, in, or be passed by, the House of
Representatives or the Senate, or recommended to the Congress of the United
States of America for passage by the President of the United States of America, or
be enacted by the Congress of the United States of America, or an announcement
or a proposal for any such legislation shall be made by a member of the House of
Representatives or the Senate of the Congress of the United States, or a decision
by a court established under Article 111 of the Constitution of the United States of
America or the Tax Court of the United States of America shall be rendered, or a
ruling, regulation, or order of the Treasury Department of the United States of
America or the Internal Revenue Service shall be made or proposed having the
purpose or effect of imposing federal income taxation, or any other event shall
have occurred which results in or proposes the imposition of federal income
taxation, upon revenues or other income of the general character to be derived by
the City, any of its affiliates, state and local governmental units or by any similar
body or upon interest received on obligations of the general character of the
Series 2011 Bonds which, in the Underwriters' opinion, materially and adversely
affects the market price of the Series 2011 Bonds.
(b) With the exception of the American Jobs Act of 2011 and the Debt Reduction Act
of 2011, any legislation, ordinance, rule, or regulation shall be introduced in or
be enacted by any governmental body, department, or agency of the United
States or of any state, or a decision by any court of competent jurisdiction within
the United States or any state shall be rendered which, in the Underwriters'
reasonable opinion, materially adversely affects the market price of the Series
2011 Bonds.
(c) A stop order, ruling, regulation, or official statement by, or on behalf of, the
Securities and Exchange Commission or any other governmental agency having
jurisdiction of the subject matter shall be issued or made to the effect that the
issuance, offering, or sale of obligations of the general character of the Series 2011
Bonds, or the issuance, offering, or sale of the Series 2011 Bonds, including all the
underlying obligations, as contemplated hereby or by the Official Statement, is in
violation or would be in violation of any provisions of the federal securities laws,
including without limitation the registration provisions of the 1933 Act, or the
registration provisions of the 1934 Act, or the qualification provisions of the 1939
Act.
Legislation shall be introduced by amendment or otherwise in, or be enacted by,
the Congress of the United States of America, or a decision by a court of the
United States of America shall be rendered to the effect that obligations of the
general character of the Series 2011 Bonds, including all the underlying
obligations, are not exempt from registration under or from other requirements
of the 1933 Act or the 1934 Act, or with the purpose or effect of otherwise
prohibiting the issuance, offering, or sale of obligations of the general character
of the Series 2011 Bonds, as contemplated hereby or by the Official Statement.
Any event shall have occurred, or information shall have become known, which,
in the Underwriters' reasonable opinion, makes untrue in any material respect
any representation by or certificate of the City hereunder, or any statement or
information furnished to the Underwriters by the City for use in connection with
the marketing of the Series 2011 Bonds or any material statement or information
contained in the Official Statement as originally circulated contains an untrue
statement of a material fact or omits to state a material fact necessary in order to
make the statements made, in light of the circumstances under which they were
made, not misleading; provided, however, that the City shall be granted a
reasonable amount of time in which to cure any such untrue or misleading
statement or information.
Additional material restrictions not in force as of the date hereof shall have been
imposed upon trading in securities generally by any governmental authority or
by any national securities exchange.
The New York Stock Exchange or any other national securities exchange, or any
governmental authority, shall impose, as to Series 2011 Bonds or obligations of
the general character of the Series 2011 Bonds, any material restrictions not now
in force, or increase materially those now in force, with respect to the extension
of credit by, or a change to the net capital requirements of, the Underwriters.
A general banking moratorium or suspension or limitation of banking services
shall have been established by federal, Florida or New York authorities or a
major financial crisis or material disruption in commercial banking or securities
settlement or clearance services shall have occurred.
Any proceeding shall be pending, or to the knowledge of the Underwriters,
threatened, to restrain, enjoin, or otherwise prohibit the issuance, sale, or
delivery of the Series 2011 Bonds by the City or the purchase, offering, sale, or
distribution of the Series 2011 Bonds by the Underwriters, or for any
investigatory or other proceedings under any federal or state securities laws or
the rules and regulations of the National Association of Securities Dealers, Inc.
relating to the issuance, sale, or delivery of the Series 2011 Bonds by the City or
the purchase, offering, sale, or distribution of the Series 2011 Bonds by the
Underwriters.
(j) A war involving the United States of America shall have been declared, or any
conflict involving the arrned forces of the United States of America shall have
escalated, or acts of terrorism shall have been committed against the citizens or
the government of the United States of America or the property of either, or any
other national emergency relating to the effective operation of government or the
financial community shall have occurred, which, in the Underwriters' reasonable
opinion, materially adversely affects the market price of the Series 2011 Bonds.
SECTION 10.
Any notice or other communication to be given under this Purchase Agreement may be
given by delivering the same in writing as follows:
To the City at:
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, FL 33139
Attention: Patricia D. Walker, Chief Financial Officer
To the Underwriters (as the Senior Managing Underwriter, the representative on behalf
of the Underwriters) at:
JP Morgan Securities LLC
Attention:
SECTION 11.
This Purchase Agreement is made solely for the benefit of the City and the Underwriters
(including the successors or assigns of the Underwriters), and no other person, partnership,
association or corporation shall acquire or have any right hereunder or by virtue hereof.
SECTION 12.
All the representations, warranties and agreements of the Underwriters and the City in
this Purchase Agreement shall remain operative and in full force and effect and shall survive
delivery of and payment for the Series 2011 Bonds hereunder regardless of any investigation
made by or on behalf of the Underwriters.
SECTION 13.
This Purchase Agreement shall be governed by and construed in accordance with the
laws of the State of Florida.
SECTION 14.
This Purchase Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
agreement; such counterparts may be delivered by facsimile transmission.
[Signature Page to Follow]
If the foregoing is acceptable to you, please sign below and this Purchase Agreement
will become a binding agreement between the City and the Underwriters.
Very Truly Yours,
JP MORGAN SECURITIES LLC. on behalf of
itself and MERIULL LYNCH, PIERCE FENNER
& SMITH INCORPORATED, MORGAN
STANLEY & CO. INCORPORATED, and
SUNTRUST ROBINSON HUMPHREY, INC.
By:
[Typed name]
[Title]
Accepted and confirmed as of the
date first above written:
CITY OF MIAMI BEACH, FLORIDA
By:
Matti Herrerra Bower
Mayor
EXHIBIT A
(Disclosure and Truth-in-Bonding Statement)
$
Stormwater Revenue Bonds
Series 2011A
$
Stormwater Revenue Refunding Bonds,
Series 2011B
Mayor and City Commission
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
Ladies and Gentlemen:
In connection with the proposed execution and delivery of the $ City of
Miami Beach, Florida Stormwater Revenue Bonds, Series 2011A (the "Series 2011A Bonds") and
the $ City of Miami Beach, Florida Stormwater Revenue Refunding Bonds,
Series 2011B (the "Series 2011B Bonds" and together with the Series 2011A Bonds, the "Series
2011 Bonds"), JP Morgan Securities LLC (the "Senior Managing Underwriter"), acting on behalf
of itself and Merrill Lynch, Pierce Fenner & Smith Incorporated, Morgan Stanley & Co.
Incorporated, and SunTrust Robinson Humphrey, Inc. (collectively, with the Senior Managing
Underwriter, the "Underwriters"), has agreed to underwrite a public offering of the Series 2011
Bonds. Arrangements for underwriting the Series 2011 Bonds will include a Bond Purchase
Agreement between the City of Miami Beach, Florida (the "City") and the Underwriters which
will embody the negotiations in respect thereof (the "Purchase Agreement").
The purpose of this letter is to furnish, pursuant to the provisions of Section 218.385,
Florida Statutes, as amended, certain information in respect of the arrangements contemplated
for the underwriting of the Series 2011 Bonds as follows:
(a) The nature and estimated amounts of expenses to be incurred by the
Underwriters in connection with the purchase and reoffering of the Series 2011
Bonds are set forth in Schedule A-1 attached hereto.
(b) No person has entered into an understanding with the Underwriters or, to the
knowledge of the Underwriters, with the City for any paid or promised
compensation or valuable consideration, directly or indirectly, expressly or
implied, to act solely as an intermediary between the City and the Underwriters
or to exercise or attempt to exercise any influence to effect any transaction in
connection with the purchase of the Series 2011 Bonds by the Underwriters.
(c) The underwriting spread is $ ($ /$L000). [The
underwriting spread does not include a management fee.]
(d) No other fee, bonus or other compensation has been or will be paid by the
Underwriters in connection with the issuance of the Series 2011 Bonds to any
person not regularly employed or retained by the Underwriters, including any
"finder" as defined in Section 218.386(1)(a), Florida Statutes, as amended.
(e) The names and addresses of the Underwriters are:
JP Morgan Securities LLC
Attention:
Merrill Lynch, Pierce Fenner & Smith Incorporated
Attention:
Morgan Stanley & Co. Incorporated
Attention:
SunTrust Robinson Humphrey, Inc.
Atten tion:
(f) The City is proposing to issue $ principal amount of the Series
2011A Bonds and $ principal amount of the Series 20118 Bonds, all
as described in the Official Statement dated , 2011 relating to the
Series 2011 Bonds (the "Official Statement"). These obligations are expected to
be repaid over a period of approximately - years and - years, respectively.
At a true interest cost rate of %, total interest paid over the life of the
Series 2011A Bonds will be $ and at a true interest cost rate of
%, total interest paid over the life of the Series 20118 Bonds will be
$ . Proceeds of the Series 2011A Bonds will provide funds, together
with other available funds, to (i) pay the costs of certain improvements to the
City's Stormwater Utility, (ii) fund a deposit to the Reserve Account, and (iii) pay
costs of issuance of the Series 2011A Bonds. Proceeds of the Series 2011B Bonds
will provide funds, together with other available funds, to (i) currently refund all
of the City's outstanding Stormwater Revenue Bonds, Series 2000, previously
issued in the aggregate principal amount of $52,170,000, of which $27,105,000 are
now outstanding (the "Bonds to be Refunded"), and (ii) pay costs of issuance of
the Series 20118 Bonds and of refunding, defeasance and redemption of the
Bonds to be Refunded.
The anticipated source of repayment or security for the Series 2011 Bonds is the
Net Revenues (as defined in the Bond Resolution), which in turn is defined in the
Purchase Agreement). Authorizing these obligations will result in a maximum
amount of $ of the aforementioned funds not being available
annually to finance the other services of the City over a period of approximately
- years.
We understand that you do not require any further disclosure from the Underwriters
pursuant to Section 218.385, Florida Statutes, as amended.
Very Truly Yours,
JP MORGAN SECURITIES LLC
-
[name]
[title]
SCHEDULE "A-1"
DETAILED BREAKDOWN OF UNDERWRITERS' DISCOUNT
$ $
Stormwater Revenue Bonds Stormwater Revenue Refunding Bonds,
Series 2011A Series 20118
Spread Breakdown $/$1,000 Amount
Underwriter/Takedown:
Expenses:
Total
Expense Breakdown
Day loan
Cusips
SIFMA Fee
Bookrunning Fee
Communication, Travel and Misc.
Expenses
Underwriters' Counsel Expenses
Underwriters' Counsel Fee
Total
Amount
EXHIBIT B
$
SERIES 2011A BONDS
MATURITIES, PRINCIPAL AMOUNTS, INTEREST RATES, MELDS, PRICES
AND INITIAL CUSIP NUMBERS
Maturity Principal Interest Rate Yield Price Initial CUSIP
I 1) Amount Number
2011
[REDEMPTION]
$
SERIES 20118 BONDS
MATURITIES, PRINCIPAL AMOUNTS, INTEREST RATES, YIELDS, PRICES
AND INITIAL CUSIP NUMBERS
Maturity Principal Initial CUSIP
I 1) Amount Interest Rate Yield Price Number
2022
$ % Term Bond Due ,20- Yield %; Price %; Initial CUSIP:
$ - % Term Bond Due ,20; Yield %; Price %; Initial CUSIP:
[REDEMPTION]
PMB 4241 11.7
CITY OF MIAMI BEACH, FLORIDA
and
U.S. BANK NATIONAL ASSOCIATION,
as Escrow Agent
ESCROW DEPOSIT AGREEMENT
Relating to
STORMWATER REVENUE BONDS,
SERIES 2000
DATED AS OF -9 201 1
ESCROW DEPOSIT AGREEMENT
THIS ESCROW DEPOSIT AGREEMENT (the "Agreement") made and entered into as
of 201 1, by and between the CITY OF MIAMI BEACH, FLORIDA (the
"City") and U.S. B~K NATIONAL ASSOCIATION, as Escrow Agent (the "Escrow Agent").
WITNESSETH: ----------
WHEREAS, the City has heretofore issued its $52,170,000 aggregate principal amount
City of Miami Beach, Florida Stormwater Revenue Bonds, Series 2000, dated as of October 1,
2000, presently outstanding in the principal amount of $27,105,000 (the "Outstanding Series
2000 Bonds"), pursuant to the provisions of Resolution No. 2000-24127, adopted by the Mayor
and City Commission of the City (the "Commission") on October 18, 2000 (the "Bond
Resolution"); and
WHEREAS, the City desires to refund, defease and redeem the Outstanding Series 2000
Bonds as more particularly described in Schedule A attached hereto and made a part hereof
(hereinafter referred to as the "Refunded Bonds"); and
WHEREAS, the City has issued its $ aggregate principal amount City of
Miami Beach, Florida Stormwater Revenue Refunding Bonds, Series 201 1B (the "Bonds"),
pursuant to the provisions of the Bond Resolution and Resolution No. 201 1- adopted by
the Commission on -, 201 1, a portion of the proceeds of which Bonds is to be
deposited with the Escrow Agent to provide, with investment earnings thereon and certain other
available moneys, for the defeasance and redemption of the Refunded Bonds; and
WHEREAS, a portion of the proceeds derived from the sale of the Bonds, together with
the other available moneys, will be applied to the purchase of Government Obligations (as such
term is hereinafter defined), which will mature and produce investment income and earnings at
such time and in such amount as will be sufficient, together with certain moneys remaining
uninvested, to pay upon the redemption thereof, the principal of and interest on the Refunded
Bonds as more specifically set forth herein; and
WHEREAS, in order to provide for the proper and timely application of the moneys
deposited hereunder, the maturing principal amount of the Government Obligations purchased
therewith, and investment income and earnings derived therefrom to the payment of the
Refunded Bonds, it is necessary for the City to enter into this Agreement with the Escrow Agent;
NOW, THEREFORE, the City and the Escrow Agent, in consideration of the foregoing
and the mutual covenants herein set forth and in order to secure the payment of the principal of
and interest on all of the Refunded Bonds according to their tenor and effect, do hereby agree as
follows:
ARTICLE I
CREATION AND CONVEYANCE OF TRUST ESTATE
Section 1.01. Creation and Convevance of Trust Estate. The City hereby grants,
warrants, remises, releases, conveys, assigns, transfers, aliens, pledges, sets over and confirms
unto the Escrow Agent and to its successors in the trust hereby created, and to it and its assigns
forever, all and singular the property hereinafter described, to wit:
DIVISION I
All right, title and interest in and to (i) $ in moneys deposited directly
with the Escrow Agent and derived from the proceeds of the Bonds upon issuance and delivery
of the Bonds and execution of and delivery of this Agreement, and (ii) $ in
moneys derived from the Bond Service Subaccount created under the Bond Resolution (such
moneys described in (ii), the "Other Moneys").
DIVISION I1
All right, title and interest in and to the Government Obligations described in Schedule B
attached hereto and made a part hereof, together with the income and earnings thereon.
DIVISION 111
Any and all other property of every kind and nature from time to time hereafter, by
delivery or by writing of any kind, conveyed, pledged, assigned or transferred as and for
additional security hereunder by the City, or by anyone on behalf of the City to the Escrow
Agent for the benefit of the Refunded Bonds.
DIVISION IV
All property which is by the express provisions of this Agreement required to be subject
to the pledge hereof and any additional property that may, from time to time hereafter, by
delivery or by writing of any kind, by the City, or by anyone in its behalf, be subject to the
pledge hereof.
TO HAVE AND TO HOLD, all and singular, the Trust Estate (as such term is
hereinafter defined), including all additional property which by the terms hereof has or may
become subject to the encumbrances of this Agreement, unto the Escrow Agent, and its
successors and assigns, forever in trust, however, for the sole benefit and security of the holders
from time to time of the Refunded Bonds, but if the principal of and interest on all of the
Refunded Bonds shall be fully and promptly paid upon the redemption thereof, in accordance
with the terms thereof, then this Agreement shall be and become void and of no further force and
effect except as otherwise provided herein; otherwise the same shall remain in full force and
effect, and upon the trusts and subject to the covenants and conditions hereinafter set forth.
ARTICLE I1
DEFINITIONS
Section 2.01. Definitions. In addition to words and terms elsewhere defined in this
Agreement, the following words and terms as used in this Agreement shall have the following
meanings, unless some other meaning is plainly intended.
"Government Obligations" shall mean direct general non-callable obligations of the
United States of America.
"Trust Estate", "trust estate" or "pledged property" shall mean the property, rights and
interests described or referred to under Divisions I, 11, I11 and IV in Article I above.
Words of the masculine gender shall be deemed and construed to include correlative
words of the feminine and neuter genders. Words importing the singular number shall include
the plural number and vice versa unless the context shall otherwise indicate. The word "person"
shall include corporations, associations, natural persons and public bodies unless the context
shall otherwise indicate. Reference to a person other than a natural person shall include its
successors.
ARTICLE 111
ESTABLISHMENT OF ESCROW DEPOSIT TRUST FUND;
FLOW OF FUNDS
Section 3.01. Creation of Escrow Deposit Trust Fund and Deposit of Moneys. There is
hereby created and established with the Escrow Agent a special and irrevocable trust fund
designated "City of Miami Beach, Florida Stormwater Revenue Bonds, Series 2000 Escrow
Deposit Trust Fund" (the "Escrow Deposit Trust Fund"), to be held by the Escrow Agent for the
sole benefit of the holders of the Refunded Bonds and accounted for separate and apart from the
other funds of the City and, to the extent required by law, of the Escrow Agent.
Concurrently with the delivery of this Agreement, the City herewith causes to be
deposited with the Escrow Agent and the Escrow Agent acknowledges receipt of immediately
available moneys for deposit in the Escrow Deposit Trust Fund in the amount of $ y
consisting of $ from the proceeds of the Bonds and $ in Other
Moneys, all of which, when invested in Government Obligations (other than $ from the
Other Moneys to be held uninvested), will provide moneys sufficient to pay the principal of and
interest on the Refunded Bonds, upon the redemption thereof, as more particularly described in
Schedule C attached hereto and made a part hereof.
Section 3.02. Payment of Refunded Bonds. The Bond proceeds and Other Moneys
received by the Escrow Agent will be sufficient to purchase $ par amount of
Government Obligations, all as listed in Schedule B attached hereto and made a part hereof,
which will mature in principal amounts and earn income at such times so that sufficient moneys
will be available to pay when redeemed all principal of and interest on the Refunded Bonds.
Notwithstanding the foregoing, if the amounts deposited in the Escrow Deposit Trust Fund are
insufficient to make said payments of principal and interest, the City shall cause to be deposited
into the Escrow Deposit Trust Fund the amount of any deficiency immediately upon notice from
the Escrow Agent.
Section 3.03. Irrevocable Trust Created. The deposit of moneys and Government
Obligations or other property hereunder in the Escrow Deposit Trust Fund shall constitute an
irrevocable deposit of said moneys and Government Obligations and other property hereunder
for the sole benefit of the holders of the Refunded Bonds, subject to the provisions of this
Agreement. The holders of the Refunded Bonds, subject to the provisions of this Agreement,
shall have an express lien on all moneys and principal of and earnings on the Government
Obligations and other property in the Escrow Deposit Trust Fund. The moneys deposited in the
Escrow Deposit Trust Fund and the matured principal of the Government Obligations and other
property hereunder and the interest thereon shall be held in trust by the Escrow Agent, and shall
be applied for the payment of Refunded Bonds, as more specifically set forth in Schedule C
hereto.
Section 3.04. Purchase of Government Obligations.
The Escrow Agent is hereby directed immediately to purchase the Government
Obligations listed in Schedule B from the proceeds of the Bonds and the Other Moneys as
described in Sections 3.01 and 3.02 hereof. The Escrow Agent shall purchase the Government
Obligations solely from the moneys deposited in the Escrow Deposit Trust Fund as provided in
this Agreement. The Escrow Agent shall apply the moneys deposited in the Escrow Deposit
Trust Fund and the Government Obligations purchased therewith, together with all income or
earnings thereon, in accordance with the provisions hereof. The Escrow Agent shall have no
power or duty to invest any moneys held hereunder or to make substitutions of the Government
Obligations held hereunder or to sell, transfer or otherwise dispose of the Government
Obligations held hereunder except as provided in this Agreement. The Escrow Agent is hereby
directed not to invest $ from the Other Moneys deposited in the Escrow Deposit Tmst
Fund simultaneously with the delivery of this Agreement.
The City covenants to take no action in the investment, reinvestment or security of the
Escrow Deposit Trust Fund in violation of this Agreement and recognizes that any such action in
contravention of this Agreement might cause the Refunded Bonds or the Bonds to be classified
as "arbitrage bonds" under the Internal Revenue Code of 1986, as amended, and the regulations
promulgated thereunder (the "Code").
Section 3.05. Substitution of Certain Government Obliaations.
(a) If so directed in writing by the City on the date of delivery of this Agreement, the
Escrow Agent shall accept in substitution for all or a portion of the Government Obligations
listed in Schedule B, Government Obligations (the "Substituted Securities"), the principal of and
interest on which, together with any Government Obligations listed in Schedule B for which no
substitution is made and moneys held uninvested by the Escrow Agent, will be sufficient to pay
all principal of and interest of the Refunded Bonds as set forth in Schedule C hereof. The
foregoing notwithstanding, the substitution of Substituted Securities for any of the Government
Obligations listed in Schedule B may be effected only upon compliance with Section 3.05(b)(l)
and (2) below.
(b) If so directed in writing by the City at any time during the term of this Agreement,
the Escrow Agent shall sell, transfer, exchange or otherwise dispose of, or request the
redemption of, all or a portion of the Government Obligations then held in the Escrow Deposit
Trust Fund and shall substitute for such Government Obligations other Government Obligations,
designated by the City, and acquired by the Escrow Agent with the proceeds derived from the
sale, transfer, disposition or redemption of or by the exchange of such Government Obligations
held in the Escrow Deposit Trust Fund, but only upon the receipt by the Escrow Agent of:
(1) an opinion of nationally recognized counsel in the field of law relating to
municipal bonds stating that such substitution will not adversely affect the exclusion from
gross income for federal income tax purposes of interest on the Refunded Bonds and the
Bonds and is not inconsistent with the statutes and regulations applicable to the Refunded
Bonds and the Bonds; and
(2) verification by a firm of independent certified public accountants stating
that the principal of and interest on the substituted Government Obligations, together
with any Government Obligations and any uninvested moneys remaining in the Escrow
Deposit Trust Fund, will be sufficient, without reinvestment, to pay the principal of and
interest on the Refunded Bonds as set forth in Schedule C hereof. -.
Any moneys resulting from the sale, transfer, disposition or redemption of the Government
Obligations held hereunder and the substitution therefor of other Government Obligations not
required to be applied for the payment of such principal of and interest on the Refunded Bonds
(as shown in the verification report described in Section 3.05(b)(2) hereof delivered in
connection with such substitution), shall be transferred to the City for deposit in the Enterprise
Fund described in the Bond Resolution. Upon any such substitution of Government Obligations
pursuant to Section 3.05, Schedule B hereto shall be appropriately amended to reflect such
substitution.
The Escrow Agent shall be under no duty to inquire whether the Government Obligations
as deposited in the Escrow Deposit Trust Fund are properly invested under the Code. The
Escrow Agent may rely on all specific directions in this Agreement providing for the investment
or reinvestment of the Escrow Deposit Trust Fund.
Section 3.06. Transfers from Escrow Deposit Trust Fund. As the principal of the
Government Obligations set forth in Schedule B shall mature and be paid, and the investment
income and earnings thereon are paid, the Escrow Agent, in its capacity of Bond Registrar (as
defined in the Bond Resolution) with respect to the Refunded Bonds (the "Refunded Bonds Bond
Registrar"), no later than the payment date for the Refunded Bonds, as specified in Schedule C
hereof, shall pay from such moneys the principal of and interest on the Refunded Bonds, as
specified in Schedule C hereof. The City hereby irrevocably determines, and irrevocably
instructs the Refunded Bonds Bond Registrar, to call the Refunded Bonds for redemption on
at a redemption price of 100% of the principal amount thereof in
accordance with~ie Bond Resolution. The City shall perform, and shall cause the Refunded
Bonds Bond Registrar to perform, as applicable, the responsibilities, described in the Bond
Resolution, in connection with the redemption of the Refunded Bonds, including the giving of
notice of redemption as required therein. The Refunded Bonds Bond Registrar is hereby directed
to mail a copy of such notice of redemption to Financial Guaranty Insurance Company (the
"Series 2000 Bond Insurer"). The City shall also file, or cause to be filed, a copy of such notice
of redemption with the Municipal Securities Rulemaking Board (the "MSRB").
Section 3.07. Investment of Certain Moneys Remaining in Escrow Deposit Trust Fund.
Subject to the provisions of Section 3.04, the Escrow Agent shall invest and reinvest, at the
written direction of the City, in Government Obligations any moneys remaining from time to
time in the Escrow Deposit Trust Fund until such time as they are needed. Such moneys shall be
reinvested in such Government Obligations for such periods and at such interest rates as the
Escrow Agent shall be directed to invest by the City, which periods and interest rates shall be set
forth in an opinion from nationally recognized counsel in the field of law relating to municipal
bonds to the City and to the Escrow Agent, which opinion shall also be to the effect that such
reinvestment of such moneys in such Government Obligations for such period and at such
interest rates will not, under the statutes and regulations applicable to the Refunded Bonds and
the Bonds, cause the interest on the Refunded Bonds or the Bonds to be included in gross income
for federal income tax purposes and that such investment is not inconsistent with the statutes and
regulations applicable to the Refunded Bonds and the Bonds. Any interest income resulting
from reinvestment of moneys pursuant to this Section 3.07 not required to be applied for the
payment of the principal of and interest on the Refunded Bonds shall be transferred to the City
for deposit in the Enterprise Fund.
Section 3.08. Escrow Deposit Trust Fund Constitutes Trust Fund. The Escrow Deposit
Trust Fund created and established pursuant to this Agreement shall be and constitute a trust
fund for the purposes provided in this Agreement and shall be kept separate and distinct from all
other funds of the City and, to the extent required by law, of the Escrow Agent and used only for
the purposes and in the manner provided in this Agreement.
Section 3.09. Transfer of Funds After All Pavments Required by this Agreement are
Made. After all of the transfers by the Escrow Agent to the payment of the principal of and
interest on the Refunded Bonds provided in Schedule C have been made, all remaining moneys
and securities, together with any income and interest thereon, in the Escrow Deposit Trust Fund
shall be transferred to the City for deposit in the Enterprise Fund; provided, however, that no
such transfers (except transfers made in accordance with Sections 3.05 and 3.07 hereof) shall be
made until all of the principal of and interest on the Refunded Bonds have been paid.
ARTICLE IV
CONCERNING THE ESCROW AGENT
Section 4.01. Liability of Escrow Agent. The Escrow Agent shall not be liable in
connection with the performance of its duties hereunder except for its own negligence,
misconduct or default. The Escrow Agent shall not be liable for any loss resulting from any
investments made pursuant to the terms of this Agreement. The Escrow Agent shall not be liable
for the accuracy of the calculations as to the sufficiency of moneys and of the principal amount
of the Government Obligations and the earnings thereon to pay the Refunded Bonds. So long as
the Escrow Agent applies any moneys, Government Obligations and interest earnings therefrom
to pay the Refunded Bonds as provided herein, and complies fully with the terms of this
Agreement, the Escrow Agent shall not be liable for any deficiencies in the amounts necessary to
pay the Refunded Bonds caused by such calculations.
The duties and obligations of the Escrow Agent shall be determined by the express
provisions of this Agreement. The Escrow Agent may consult with counsel with respect to any
matter relevant to this Agreement, who may or may not be counsel to the City, and be entitled to
receive from the City reimbursement of the reasonable fees and expenses of such counsel, and in
reliance upon the opinion of such counsel have full and complete authorization and protection in
respect of any action taken, suffered or omitted by it in good faith in accordance therewith.
Whenever the Escrow Agent shall deem it necessary or desirable that a matter be proved or
established prior to taking, suffering or omitting any action under this Agreement, such matter
may be deemed to be conclusively established by a certificate signed by an authorized officer of
the City and the Escrow Agent may in good faith conclusively rely upon such certificate.
The Escrow Agent shall have no lien, security interest or right of set-off whatsoever upon
any of the moneys or investments in the Escrow Deposit Trust Fund for the payment of fees or
expenses for the services rendered by the Escrow Agent under this Agreement.
Section 4.02. Permitted Acts. The Escrow Agent and its affiliates may become the
owner of all or may deal in the Refunded Bonds as fully and with the same rights as if it were not
the Escrow Agent.
Section 4.03. Payment to Escrow Agent. The City shall pay to the Escrow Agent
reasonable compensation for all services rendered by it hereunder and also its reasonable
expenses, charges and other disbursements and those of its attorneys, agents and employees
incurred in and about the administration and execution of the trusts hereby created, and the
performance of its powers and duties hereunder, including, without limitation, all advances,
counsel fees and other expenses reasonably made or incurred by the Escrow Agent in connection
with such services, all as provided in Schedule D hereto.
ARTICLE V
MISCELLANEOUS
Section 5.01. Amendments to this Agreement. This Agreement is made for the benefit
of the holders from time to time of the Refunded Bonds and shall not be repealed, revoked,
altered or amended without the written consent of all such holders of the Refunded Bonds, the
Escrow Agent and the City; provided, however, that the City and the Escrow Agent may, without
the consent of, or notice to, such holders, enter into such agreements supplemental to this
Agreement which shall not adversely affect the rights of such holders and shall not be
inconsistent with the terms and provisions of this Agreement for any one or more of the
following purposes:
(a) to cure any ambiguity or formal defect or omission in this Agreement; or
(b) to grant to or confer upon the Escrow Agent for the benefit of the holders of the
Refimded Bonds any additional rights, remedies, powers or authority that may lawfblly be
granted to or conferred upon the Escrow Agent.
The Escrow Agent shall be entitled to rely upon an unqualified opinion of a nationally
recognized counsel in the field of law relating to municipal bonds with respect to compliance
with this Section.
Prior to any repeal, revocation, alteration or amendment of this Agreement, the City shall
provide written notice of such proposed repeal, revocation, alteration or amendment to Standard
& Poor's Ratings Services, Moody's Investors Service, Inc. and Fitch Ratings at their addresses
set forth below:
Standard & Poor's Ratings Services
55 Water Street
New York, New York 10041
Attn: Municipal Ratings DeskIRefunded Bonds
Moody's Investors Service, Inc.
7 World Trade Center
250 Greenwich Street, 23rd Floor
New York, New York 10007
Fitch Ratings
One State Street Plaza
New York, New York 10004
Section 5.02. Severabilitv. If any one or more of the covenants or agreements provided
in this Agreement on the part of the City or the Escrow Agent to be performed should be
determined by a court of competent jurisdiction to be contrary to law, such covenant or
agreement shall be deemed and construed to be severable from the remaining covenants and
agreements herein contained and shall in no way affect the validity of the remaining provisions
of this Agreement.
Section 5.03. Agreement Binding. All the covenants, proposals and agreements in this
Agreement contained by or on behalf of the City or by or on behalf of the Escrow Agent shall
bind and inure to the benefit of their respective successors and assigns, whether so expressed or
not.
Section 5.04. Notices to Escrow Aaent and City. Any notice, demand, direction, request
or other instrument authorized or required by this Agreement to be given to or filed with the
Escrow Agent or the City, shall be deemed to have been sufficiently given or filed for all
purposes of this Agreement if personally delivered and receipted for, or if sent by registered or
certified United States mail, return receipt requested, addressed as follows:
(a) As to the City -
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 3 3 13 9
Attention: Chief Financial Officer
(b) As to the Escrow Agent -
U.S. Bank National Association
200 South Biscayne Boulevard
Suite 1870
Miami, Florida 33 13 1
Attention: Corporate Trust Services
Any party hereto may, by notice sent to the other parties hereto, designate a different or
additional address to which notices under this Agreement are to be sent.
Section 5.05. Termination. This Agreement shall terminate when all transfers and
payments required to be made by the Escrow Agent under the provisions hereof shall have been
made.
Section 5.06. Execution by Counterparts. This Agreement may be executed in several
counterparts, all or any of which shall be regarded for all purposes as one original and shall
constitute and be but one and the same instrument.
Section 5.07. Notice of Defeasance. Upon deposit of the moneys with the Escrow
Agent and investment thereof as provided in this Agreement, the Escrow Agent is hereby
directed to mail to the registered owners of the Refunded Bonds and the Series 2000 Bond
Insurer, a notice of defeasance of the Refunded Bonds, substantially in the form attached hereto
as Schedule E. The City shall also file, or cause to be filed, a copy of such notice of defeasance
with the MSRB.
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be
executed by its duly authorized officers and, with respect to the City, its official seal to be
hereunto affixed and attested as of the date first above written.
CITY OF MIAMI BEACH, FLORIDA
(SEAL)
ATTEST:
City Clerk
Mayor
-
U.S. BANK NATIONAL ASSOCIATION,
as Escrow Agent
By:
Vice President
U.S. Bank National Association, as Refunded Bonds Bond Registrar, hereby agrees to the
provisions of this Agreement applicable to the Refunded Bonds Bond Registrar.
U.S. BANK NATIONAL ASSOCIATION,
as Refunded Bonds Bond Registrar
By:
Vice President
Maturity Date
0910 112025
09/0 1 /203 0
SCHEDULE A
REFUNDED BONDS
Principal Amount
$ 11,810,000
15,295,000
Interest Rate
5.250%
5.375
SCHEDULE B
INVESTMENT OF BOND PROCEEDS
AND OTHER MONEYS
Type of Security Maturity Date Principal Amount Interest Rate
$ yo
SCHEDULE C
SCHEDULE OF PAYMENTS ON
REFUNDED BONDS
Qa& Principal Interest Total
$ $ $
SCHEDULE D
ESCROW AGENT FEES AND EXPENSES
(i) In consideration of the services to be rendered by the Escrow Agent under the
Agreement, the City upon execution hereof agrees to pay the Escrow Agent a one-time
fee of $ to be paid at closing for all services to be incurred as Escrow Agent in
connection with such services, plus agrees to pay as incurred reimbursement at cost for
ordinary out-of-pocket expenses. The term "ordinary out-of-pocket expenses" means
expenses of holding, investing and disbursing the Escrow Deposit Trust Fund as provided
herein and includes, but is not limited to publication costs, postage and legal fees as
incurred.
(ii) The City shall also reimburse the Escrow Agent for any extraordinary expenses incurred
by it in connection herewith. The term "extraordinary expenses" includes (a) expenses
arising out of the assertion of any third party to any interest in the Escrow Deposit Trust
Fund or any challenge to the validity hereof, including reasonable attorneys' fees, (b)
expenses relating to any reinvestment under Section 3.07 or substitution under Section
3.05 hereof, and (c) expenses (other than ordinary expenses) not occasioned by the
Escrow Agent's misconduct or negligence.
(iii) The fees and expenses payable by the City under clause (i) or (ii) above shall not be paid
from the Escrow Deposit Trust Fund, but shall be paid by the City from legally available
funds of the City.
SCHEDULE E
NOTICE OF DEFEASANCE
City of Miami Beach, Florida
Stormwater Revenue Bonds, Series 2000
Dated: October 1,2000
Maturity Date
(September 1 ,) Principal Amount Interest Rate CUSIP Numbers*
2025 $ 1 1,8 10,000 5.250% 59324PARO
2030 15,295,000 5.375 59324PAS8
NOTICE IS HEREBY GIVEN that monies have been deposited with U.S. Bank National
Association, as Escrow Agent, for the payment of the principal and interest on the above bonds
(the "Bonds"), and such monies, except to the extent maintained in cash, have been invested in
direct obligations of the United States of America. U.S. Bank National Association, as Bond
Registrar for the Bonds, has been irrevocably instructed to call the Bonds for redemption on
(the "Redemption Date") at a redemption price of 100% of the principal -3 -
amount thereof.
The moneys so deposited and invested as aforesaid has been calculated to be adequate to
pay, when due, the principal of and interest on the Bonds to and including the Redemption Date.
In accordance with Section 307 of Resolution No. 2000-24127 adopted by the Mayor and City
Commission of the City of Miami Beach, Florida on October 18, 2000 (the "Bond Resolution"),
the Bonds are no longer deemed to be outstanding under the provisions of the Bond Resolution
and have ceased to be entitled to any benefit or security under the Bond Resolution other than to
receive payment of principal and interest from such moneys.
U.S. BANK NATIONAL ASSOCIATION,
as Escrow Agent
Dated: -> 201 1
* No representation is made as to the correctness of these CUSIP numbers either as printed
on the Bonds or contained in this Notice.
DISCLOSURE DISSEMINATION AGENT AGREEMENT
This Disclosure Dissemination Agent Agreement (the "Disclosure Agreement"), dated as
of , 201 1, is executed and delivered by the City of Miami Beach, Florida (the
"Issuer") and Digital Assurance Certification, L.L.C., as exclusive Disclosure Dissemination
Agent (the "Disclosure Dissemination Agent" or "DAC") for the benefit of the Holders
(hereinafter defined) of the Bonds (hereinafter defined) and in order to provide certain
continuing disclosure with respect to the Bonds in accordance with Rule 15~2-12 of the United
States Securities and Exchange Commission under the Securities Exchange Act of 1934, as the
same may be amended from time to time (the "Rule").
The services provided under this Disclosure Agreement solely relate to the execution of
instructions received from the Issuer through use of the DAC system and do not constitute
"advice" within the meaning of the Dodd-Frank Wall Street Reform and Consumer Protection
Act (the "Act"). DAC will not provide any advice or recommendation to the Issuer or anyone on
the Issuer's behalf regarding the "issuance of municipal securities" or any "municipal financial
product'' as defined in the Act and nothing in this Disclosure Agreement shall be interpreted to
the contrary.
SECTION 1. Definitions. Capitalized terms not otherwise defined in this Disclosure
Agreement shall have the meaning assigned in the Rule or, to the extent not in conflict with the
Rule, in the Official Statement (hereinafter defined). The capitalized terms shall have the
following meanings:
"Annual Report" means an Annual Report described in and consistent with Section 3 of
this Disclosure Agreement.
"Annual Filing Date" means the date, set in Sections 2(a) and 2(f), by which the Annual
Report is to be filed with the MSRB.
"Annual Financial Information" means annual financial information as such term is used
in paragraph (b)(5)(i) of the Rule and specified in Section 3(a) of this Disclosure Agreement.
"Audited Financial Statements" means the financial statements (if any) of the Issuer for
the prior Fiscal Year, certified by an independent auditor as prepared in accordance with
generally accepted accounting principles or otherwise, as such term is used in paragraph (b)(5)(i)
of the Rule and specified in Section 3(b) of this Disclosure Agreement.
"Bonds" means the bonds as listed on the attached Exhibit A, with the 9-digit CUSIP
numbers relating thereto.
"Certification" means a written certification of compliance signed by the Disclosure
Representative stating that the Annual Report, Audited Financial Statements, Voluntary Report,
Notice Event notice or Failure to File Event notice delivered to the Disclosure Dissemination
Agent is the Annual Report, Audited Financial Statements, Voluntary Report, Notice Event
notice or Failure to File Event notice required to be submitted to the MSRB under this Disclosure
Agreement. A Certification shall accompany each such document submitted to the Disclosure
Dissemination Agent by the Issuer and include the full name of the Bonds and the 9-digit CUSIP
numbers for all Bonds to which the document applies.
"Disclosure Representative" means the Chief Financial Officer of the Issuer or his or her
designee, or such other person as the Issuer shall designate in writing to the Disclosure
Dissemination Agent fiom time to time as the person responsible for providing Information to
the Disclosure Dissemination Agent.
"Disclosure Dissemination Agent" means Digital Assurance Certification, L.L.C, acting
in its capacity as Disclosure Dissemination Agent hereunder, or any successor Disclosure
Dissemination Agent designated in writing by the Issuer pursuant to Section 9 hereof.
"Failure to File Event" means the Issuer's failure to file an Annual Report on or before
the Annual Filing Date.
"Force Majeure Event" means: (i) acts of God, war, or terrorist action; (ii) failure or shut-
down of the Electronic Municipal Market Access system maintained by the MSRB; or (iii) to the
extent beyond the Disclosure Dissemination Agent's reasonable control, interruptions in
telecommunications or utilities services, failure, malfunction or error of any telecommunications,
computer or other electrical, mechanical or technological application, service or system,
computer virus, interruptions in Internet service or telephone service (including due to a virus,
electrical delivery problem or similar occurrence) that affect Internet users generally, or in the
local area in which the Disclosure Dissemination Agent or the MSRB is located, or acts of any
government, regulatory or any other competent authority the effect of which is to prohibit the
Disclosure Dissemination Agent from performance of its obligations under this Disclosure
Agreement.
"Holder" means any person (a) having the power, directly or indirectly, to vote or consent
with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds
through nominees, depositories or other intermediaries) or (b) treated as the owner of any Bonds
for federal income tax purposes.
"Information" means the Annual Financial Information, the Audited Financial Statements
(if any), the Notice Event notices, the Failure to File Event notices and the Voluntary Reports.
"MSRB" means the Municipal Securities Rulemaking Board established pursuant to
Section 15B(b)(l) of the Securities Exchange Act of 1934.
"Notice Event" means any of the events enumerated in paragraph (b)(S)(i)(C) of the Rule
and listed in Section 4(a) of this Disclosure Agreement.
"Obligated Person" means any person, including the Issuer, who is either generally or
through an enterprise, fund, or account of such person committed by contract or other
arrangement to support payment of all, or part of the obligations on the Bonds (other than
providers of municipal bond insurance, letters of credit, or other liquidity facilities).
"Official Statement" means that Official Statement prepared by the Issuer in connection
with the Bonds.
"Voluntary Report" means the information provided to the Disclosure Dissemination
Agent by the Issuer pursuant to Section 7.
SECTION 2. Provision of Annual Reports.
(a) The Issuer shall provide, annually, an electronic copy of the Annual Report and
Certification to the Disclosure Dissemination Agent, not later than 30 days prior to the Annual
Filing Date. Promptly upon receipt of an electronic copy of the Annual Report and the
Certification, the Disclosure Dissemination Agent shall provide an Annual Report to the MSRB
not later than two hundred forty (240) days after the end of each Fiscal Year, commencing with
the Fiscal Year ended September 30,201 1. Such date and each anniversary thereof is the Annual
Filing Date. The Annual Report may be submitted as a single document or as separate documents
comprising a package, and may cross-reference other information as provided in Section 3 of this
Disclosure Agreement.
(b) If on the fifteenth (15th) day prior to the Annual Filing Date, the Disclosure
Dissemination Agent has not received a copy of the Annual Report and Certification, the
Disclosure Dissemination Agent shall contact the Disclosure Representative by telephone and in
writing (which may be by e-mail) to remind the Issuer of its undertaking to provide the Annual
Report pursuant to Section 2(a). Upon such reminder, the Disclosure Representative shall either
(i) provide the Disclosure Dissemination Agent with an electronic copy of the Annual Report and
the Certification no later than two (2) business days prior to the Annual Filing Date, or (ii)
instruct the Disclosure Dissemination Agent in writing that the Issuer will not be able to file the
Annual Report within the time required under this Disclosure Agreement, state the date by which
the Annual Report for such year will be provided and instruct the Disclosure Dissemination
Agent that a Failure to File Event has occurred and to immediately send a notice to the MSRB in
substantially the form attached as Exhibit B.
(c) If the Disclosure Dissemination Agent has not received an Annual Report and
Certification by 12:OO noon on the first business day following the Annual Filing Date for the
Annual Report, a Failure to File Event shall have occurred and the Issuer irrevocably directs the
Disclosure Dissemination Agent to immediately send a notice to the MSRB in substantially the
form attached as Exhibit B, without reference to the anticipated filing date for the Annual
Report.
(d) If Audited Financial Statements of the Issuer are prepared but not available prior
to the Annual Filing Date, the Issuer shall, when the Audited Financial Statements are available,
provide in a timely manner an electronic copy to the Disclosure Dissemination Agent,
accompanied by a Certification, for filing with the MSRB.
(e) The Disclosure Dissemination Agent shall:
(i) verify the filing specifications of the MSRB each year prior to the Annual
Filing Date;
(ii) upon receipt, promptly file each Annual Report received under Sections
2(a) and 2(b) with the MSRB;
(iii) upon receipt, promptly file each Audited Financial Statement received
under Section 2(d) with the MSRB;
(iv) upon receipt, promptly file the text of each Notice Event received under
Sections 4(a) and 4(b)(ii) with the MSRB, identifying the Notice Event as instructed by
the Issuer pursuant to Section 4(a) or 4(b)(ii) (being any of the categories set forth below)
when filing pursuant to the Section of this Disclosure Agreement indicated:
1. "Principal and interest payment delinquencies," pursuant to
Sections 4(c) and 4(a)(l);
2. "Non-Payment related defaults, if material," pursuant to Sections
4(c) and 4(a)(2);
3. "Unscheduled draws on debt service reserves reflecting financial
difficulties," pursuant to Sections 4(c) and 4(a)(3);
4. "Unscheduled draws on credit enhancements reflecting financial
difficulties," pursuant to Sections 4(c) and 4(a)(4);
5. "Substitution of credit or liquidity providers, or their failure to
perform," pursuant to Sections 4(c) and 4(a)(5);
6. "Adverse tax opinions, the issuance by the Internal Revenue
Service of proposed or final determinations of taxability, Notices of Proposed
Issue (IRS Form 5701-TEB) or other material notices or determinations with
respect to the tax status of the security, or other material events affecting the tax
status of the security," pursuant to Sections 4(c) and 4(a)(6);
7. "Modifications to rights of securities holders, if material," pursuant
to Sections 4(c) and 4(a)(7);
8. "Bond calls, if material, and tender offers" pursuant to Sections
4(c) and 4(a)(8);
9. "Defeasances," pursuant to Sections 4(c) and 4(a)(9);
10. "Release, substitution, or sale of property securing repayment of
the securities, if material," pursuant to Sections 4(c) and 4(a)(l0);
1 1. "Rating changes," pursuant to Sections 4(c) and 4(a)(l1);
12. "Bankruptcy, insolvency, receivership or similar event of the
obligated person," pursuant to Sections 4(c) and 4(a)(12);
13. "The consummation of a merger, consolidation, or acquisition
involving an obligated person or the sale of all or substantially all of the assets of
the obligated person, other than in the ordinary course of business, the entry into a
definitive agreement to undertake such an action or the termination of a definitive
agreement relating to any such actions, other than pursuant to its terms, if
material," pursuant to Sections 4(c) and 4(a)(13); and
14. "Appointment of a successor or additional trustee or the change of
name of a trustee, if material," pursuant to Sections 4(c) and 4(a)(14).
(v) upon receipt (or irrevocable direction pursuant to Section 2(c) of this
Disclosure Agreement, as applicable), promptly file a completed copy of Exhibit B to this
Disclosure Agreement with the MSRB, identifying the filing as "Failure to provide
annual information as required" when filing pursuant to Section 2(b)(ii) or Section 2(c) of
this Disclosure Agreement;
(vi) upon receipt, promptly file the text of each Voluntary Report received
under Section 7 with the MSRB.
(vii) provide the Issuer evidence of the filings of each of the above when made,
which shall be by means of the DAC system, for so long as DAC is the Disclosure
Dissemination Agent under this Disclosure Agreement.
(f) The Issuer may adjust the Annual Filing Date upon change of its Fiscal Year by
providing written notice of such change and the new Annual Filing Date to the Disclosure
Dissemination Agent and the MSRB, provided that the period between the existing Annual
Filing Date and new Annual Filing Date shall not exceed one year.
(g) Any Information received by the Disclosure Dissemination Agent before 6:00
p.m. Eastern time on any business day that it is required to file with the MSRB pursuant to the
terms of this Disclosure Agreement and that is accompanied by a Certification and all other
information required by the terms of this Disclosure Agreement will be filed by the Disclosure
Dissemination Agent with the MSRB no later than 1 1 :59 p.m. Eastern time on the same business
day; provided, however, the Disclosure Dissemination Agent shall have no liability for any delay
in filing with the MSRB if such delay is caused by a Force Majeure Event, provided that the
Disclosure Dissemination Agent uses reasonable efforts to make any such filing as soon as
possible.
SECTION 3. Content of Annual Reports.
(a) Each Annual Report shall contain the following Annual Financial Information
with respect to the Stormwater Utility for the prior Fiscal Year: the information in the Official
Statement under the captions ["THE STORMWATER UTILITY - Rates, Fees and Charges" and
"HISTORICAL SCHEDULE OF NET REVENUE, DEBT SERVICE AND DEBT
COVERAGE"].
(b) Audited Financial Statements prepared in accordance with generally accepted
accounting principles ("GAAP") will be included in the Annual Report, but may be provided in
accordance with Section 2(d).
Any or all of the items listed above may be included by specific reference to other
documents, including official statements of debt issues with respect to which the Issuer is an
Obligated Person, which have been previously filed with the Securities and Exchange
Commission or available to the public on the MSRB Internet Website. If the document
incorporated by reference is a final official statement, it must be available from the MSRB. The
Issuer will clearly identify each such document so incorporated by reference.
Any Annual Financial Information containing modified operating data or financial
information is required to explain, in narrative form, the reasons for the modification and the
impact of the change in the type of operating data or financial information being provided.
SECTION 4. Reporting of Notice Events.
(a) The occurrence of any of the following events with respect to the Bonds
constitutes a Notice Event:
1. Principal and interest payment delinquencies;
2. Non-payment related defaults, if material;
3. Unscheduled draws on debt service reserves reflecting financial
difficulties;
4. Unscheduled draws on credit enhancements relating to the Bonds
reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form
5701 -TEB) or other material notices or determinations with respect to the tax status of the
security, or other material events affecting the tax status of the Bonds;
7. Modifications to rights of Bond holders, if material;
8. Bond calls, if material, and tender offers;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the Bonds,
if material;
1 1. Rating changes on the Bonds;
12. Bankruptcy, insolvency, receivership or similar event of the Obligated
Person;
Note: for the purposes of the event ident@ed in this subsection 4(a)(12), the event is considered to
occur when any of the following occur: the appointment of a receiver, fiscal agent or similar oflcer for an
Obligated Person in a proceeding under the US. Bankruptcy Code or in any other proceeding under state
or federal law in which a court or governmental authoriw has assumedjurisdiction over substantially all of
the assets or business of the Obligated Person, or if such jurisdiction has been assumed by leaving the
existing governmental body and oflcials or oflcers in possession but subject to the supervision and orders
of a court or governmental authoriw, or the entry of an order confirming a plan of reorganization,
arrangement or liquidation by a court or governmental authoriw having supervision or jurisdiction over
substantially all of the assets or business of the Obligated Person.
13. The consummation of a merger, consolidation, or acquisition involving an
Obligated Person or the sale of all or substantially all of the assets of the Obligated
Person, other than in the ordinary course of business, the entry into a definitive agreement
to undertake such an action or the termination of a definitive agreement relating to any
such actions, other than pursuant to its terms, if material; and
14. Appointment of a successor or additional trustee or the change of name of
a trustee, if material.
The Issuer shall, in a timely manner not in excess of ten (10) business days after its occurrence,
notify the Disclosure Dissemination Agent in writing of the occurrence of a Notice Event. Such
notice shall instruct the Disclosure Dissemination Agent to report the occurrence pursuant to
subsection (c) and shall be accompanied by a Certification. Such notice or Certification shall
identify the Notice Event that has occurred (which shall be any of the categories set forth in
Section 2(e)(iv) of this Disclosure Agreement), include the text of the disclosure that the Issuer
desires to make, contain the written authorization of the Issuer for the Disclosure Dissemination
Agent to disseminate such information, and identify the date the Issuer desires for the Disclosure
Dissemination Agent to disseminate the information (provided that such date is not later than the
tenth (10th) business day after the occurrence of the Notice Event).
(b) The Disclosure Dissemination Agent is under no obligation to notify the Issuer or
the Disclosure Representative of an event that may constitute a Notice Event. In the event the
Disclosure Dissemination Agent so notifies the Disclosure Representative, the Disclosure
Representative will within two business days of receipt of such notice (but in any event not later
than the tenth (10th) business day after the occurrence of the Notice Event, if the Issuer
determines that a Notice Event has occurred), instruct the Disclosure Dissemination Agent that
(i) a Notice Event has not occurred and no filing is to be made or (ii) a Notice Event has occurred
and the Disclosure Dissemination Agent is to report the occurrence pursuant to Section 4(c),
together with a Certification. Such notice or Certification shall identify the Notice Event that has
occurred (which shall be any of the categories set forth in Section 2(e)(iv) of this Disclosure
Agreement), include the text of the disclosure that the Issuer desires to make, contain the written
authorization of the Issuer for the Disclosure Dissemination Agent to disseminate such
information, and identify the date the Issuer desires for the Disclosure Dissemination Agent to
disseminate the information (provided that such date is not later than the tenth (10th) business
day after the occurrence of the Notice Event).
(c) If the Disclosure Dissemination Agent has been instructed by the Issuer as
prescribed in subsection (a) or (b)(ii) of this Section 4 to report the occurrence of a Notice Event,
the Disclosure Dissemination Agent shall promptly file a notice of such occurrence with the
MSRB in accordance with Section 2(e)(iv) hereof.
SECTION 5. CUSIP Numbers. Whenever providing information to the Disclosure
Dissemination Agent, including but not limited to Annual Reports, documents incorporated by
reference to the Annual Reports, Audited Financial Statements, notices of Notice Events, Failure
to File Events and Voluntary Reports filed pursuant to Section 7(a), the Issuer shall indicate the
full name of the Bonds and the 9-digit CUSIP numbers for the Bonds as to which the provided
information relates.
SECTION 6. Additional Disclosure Obligations. The Issuer acknowledges and
understands that other state and federal laws, including but not limited to the Securities Act of
1933 and Rule lob-5 promulgated under the Securities Exchange Act of 1934, may apply to the
Issuer, and that the failure of the Disclosure Dissemination Agent to so advise the Issuer shall not
constitute a breach by the Disclosure Dissemination Agent of any of its duties and
responsibilities under this Disclosure Agreement. The Issuer acknowledges and understands that
the duties of the Disclosure Dissemination Agent relate exclusively to execution of the
mechanical tasks of disseminating information as described in this Disclosure Agreement.
SECTION 7. Voluntary Reports,
(a) The Issuer may instruct the Disclosure Dissemination Agent to file information
with the MSRB, from time to time pursuant to a Certification of the Disclosure Representative
accompanying such information (a "Voluntary Report").
(b) Nothing in this Disclosure Agreement shall be deemed to prevent the Issuer from
disseminating any other information through the Disclosure Dissemination Agent using the
means of dissemination set forth in this Disclosure Agreement or including any other
information in any Annual Report, Audited Financial Statements, Voluntary Report, Notice
Event notice or Failure to File Event notice, in addition to that required by this Disclosure
Agreement. If the Issuer chooses to include any information in any Annual Report, Audited
Financial Statements, Voluntary Report, Notice Event notice, or Failure to File Event notice in
addition to that which is specifically required by this Disclosure Agreement, the Issuer shall have
no obligation under this Disclosure Agreement to update such information or include it in any
future Annual Report, Audited Financial Statements, Voluntary Report, Notice Event notice or
Failure to File Event notice.
SECTION 8. Termination of Reporting Obligation. The obligations of the Issuer and
the Disclosure Dissemination Agent under this Disclosure Agreement shall terminate with
respect to the Bonds upon the legal defeasance, prior redemption or payment in full of all of the
Bonds, when the Issuer is no longer an Obligated Person with respect to the Bonds, or upon
delivery by the Disclosure Representative to the Disclosure Dissemination Agent of an opinion
of nationally recognized bond counsel to the effect that continuing disclosure is no longer
required.
SECTION 9. Disclosure Dissemination Agent. The Issuer has appointed Digital
Assurance Certification, L.L.C. as exclusive Disclosure Dissemination Agent under this
Disclosure Agreement. The Issuer may, upon thirty days written notice to the Disclosure
Dissemination Agent, replace or appoint a successor Disclosure Dissemination Agent. Upon
termination of DAC's services as Disclosure Dissemination Agent, whether by notice of the
Issuer or DAC, the Issuer agrees to appoint a successor Disclosure Dissemination Agent or,
alternately, agrees to assume all responsibilities of Disclosure Dissemination Agent under this
Disclosure Agreement for the benefit of the Holders of the Bonds. Notwithstanding any
replacement or appointment of a successor, the Issuer shall remain liable until payment in full for
any and all sums owed and payable to the Disclosure Dissemination Agent. The Disclosure
Dissemination Agent may resign at any time by providing thirty days' prior written notice to the
Issuer.
SECTION 10. Remedies in Event of Default. In the event of a failure of the Issuer or
the Disclosure Dissemination Agent to comply with any provision of this Disclosure Agreement,
the Holders' rights to enforce the provisions of this Disclosure Agreement shall be limited solely
to a right, by action in mandamus or for specific performance, to compel performance of the
parties' obligation under this Disclosure Agreement. Any failure by a party to perform in
accordance with this Disclosure Agreement shall not constitute a default on the Bonds or under
any other document relating to the Bonds, including the Bond Resolution, and all rights and
remedies shall be limited to those expressly stated herein.
SECTION 1 1. Duties. Immunities and Liabilities of Disclosure Dissemination Agent.
(a) The Disclosure Dissemination Agent shall have only such duties as are
specifically set forth in this Disclosure Agreement. The Disclosure Dissemination Agent's
obligation to deliver the information at the times and with the contents described herein shall be
limited to the extent the Issuer has provided such information to the Disclosure Dissemination
Agent as required by this Disclosure Agreement. The Disclosure Dissemination Agent shall
have no duty with respect to the content of any disclosures or notice made pursuant to the terms
hereof. The Disclosure Dissemination Agent shall have no duty or obligation to review or verify
any Information or any other information, disclosures or notices provided to it by the Issuer and
shall not be deemed to be acting in any fiduciary capacity for the Issuer, the Holders of the
Bonds or any other party. The Disclosure Dissemination Agent shall have no responsibility for
the Issuer's failure to report to the Disclosure Dissemination Agent a Notice Event or a duty to
determine the materiality thereof. The Disclosure Dissemination Agent shall have no duty to
determine, or liability for failing to determine, whether the Issuer has complied with this
Disclosure Agreement. The Disclosure Dissemination Agent may conclusively rely upon
certifications of the Issuer at all times.
The obligations of the Issuer under this Section shall survive resignation or removal of
the Disclosure Dissemination Agent and defeasance, redemption or payment of the Bonds.
(b) The Disclosure Dissemination Agent may, from time to time, consult with legal
counsel (either in-house or external) of its own choosing in the event of any disagreement or
controversy, or question or doubt as to the construction of any of the provisions hereof or its
respective duties hereunder, and shall not incur any liability and shall be fully protected in acting
in good faith upon the advice of such legal counsel. The reasonable fees and expenses of such
counsel shall be payable by the Issuer.
(c) All documents, reports, notices, statements, information and other materials
provided to the MSRB under this Disclosure Agreement shall be provided in an electronic format
and accompanied by identifying information as prescribed by the MSRB.
SECTION 12. Amendment; Waiver. Notwithstanding any other provision of this
Disclosure Agreement, the Issuer and the Disclosure Dissemination Agent may amend this
Disclosure Agreement and any provision of this Disclosure Agreement may be waived, if such
amendment or waiver is supported by an opinion of counsel expert in federal securities laws
acceptable to both the Issuer and the Disclosure Dissemination Agent to the effect that such
amendment or waiver does not materially impair the interests of Holders of the Bonds and would
not, in and of itself, cause the undertakings herein to violate the Rule if such amendment or
waiver had been effective on the date hereof but taking into account any subsequent change in or
official interpretation of the Rule; provided neither the Issuer or the Disclosure Dissemination
Agent shall be obligated to agree to any amendment modifying their respective duties or
obligations without their consent thereto.
Notwithstanding the preceding paragraph, the Disclosure Dissemination Agent shall have
the right to adopt amendments to this Disclosure Agreement necessary to comply with
modifications to and interpretations of the provisions of the Rule as announced by the Securities
and Exchange Commission from time to time by giving not less than 20 days written notice of
the intent to do so together with a copy of the proposed amendment to the Issuer. No such
amendment shall become effective if the Issuer shall, within 10 days following the giving of such
notice, send a notice to the Disclosure Dissemination Agent in writing that it objects to such
amendment.
SECTION 13. Sources of Payments; No Personal Liability. Notwithstanding anything to
the contrary contained in this Disclosure Agreement, the Issuer shall be required to use only
Revenues to pay any costs and expenses to be incurred in the performance of this Disclosure
Agreement by it, and the performance of its obligations hereunder shall be subject to the availability
of Revenues for that purpose; provided, that any such costs and expenses shall constitute Current
Expenses under the Bond Resolution. This Disclosure Agreement does not and shall not constitute
a general obligation of the Issuer. No covenant, stipulation, obligation or agreement of the Issuer
contained in this Disclosure Agreement shall be deemed to be a covenant, stipulation, obligation or
agreement of any present or future officer, agent or employee of the Issuer in other than that
person's official capacity.
SECTION 14. Beneficiaries. This Disclosure Agreement shall inure solely to the
benefit of the Issuer, the Disclosure Dissemination Agent, the Underwriter, and the Holders from
time to time of the Bonds, and shall create no rights in any other person or entity.
SECTION 15. Governing Law. This Disclosure Agreement shall be governed by the
laws of the State of Florida.
SECTION 16. Counterparts. This Disclosure Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
The Disclosure Dissemination Agent and the Issuer have caused this Disclosure
Agreement to be executed, on the date first written above, by their respective officers duly
authorized.
DIGITAL ASSURANCE CERTIFICATION,
L.L.C., as Disclosure Dissemination Agent
By:
Name:
Title:
CITY OF MIAMI BEACH, FLORIDA,
as Issuer
By:
Patricia D. Walker
Chief Financial Officer
EXHIBIT A
NAME AND CUSIP NUMBERS OF BONDS
Name of Issuer: City of Miami Beach, Florida
Obligated Person: City of Miami Beach, Florida
Name of Bond Issue: Stormwater Revenue Bonds, Series 201 1A and Stormwater
Revenue Refunding Bonds, Series 20 1 1 B
Date of Issuance: ,201 1
Date of Official Statement: ,2011
CUSIP Numbers:
EXHIBIT B
NOTICE TO MSRB OF FAILURE TO FILE ANNUAL REPORT
Issuer: City of Miami Beach, Florida
Obligated Person: City of Miami Beach, Florida
Name of Bond Issue: Stormwater Revenue Bonds, Series 201 1A and Stormwater Revenue
Refunding Bonds, Series 20 1 1 B
Date of Issuance: ,201 1
NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report with
respect to the above-named Bonds as required by the Disclosure Dissemination Agent
Agreement, dated as of , 201 1, between the Issuer and Digital Assurance
Certification, L.L.C., as Disclosure Dissemination Agent. The Issuer has notified the Disclosure
Dissemination Agent that it anticipates that the Annual Report will be filed by
Dated:
Digital Assurance Certification, L.L.C., as
Disclosure Dissemination Agent, on behalf
of the Issuer
cc: City of Miami Beach, Florida
EWP DRAFT 10-11-11
PRELIMINARY OFFICIAL STATEMENT DATED ,2011
NEW ISSUE - BOOK-ENTRY ONLY See "Ratings" herein
In the opinion of Squire, Sanders & Dempsey (Uq LLP, Bond Counsel, under existing law (i) assuming continuing compliance with certain
covenants and the accuracy of certain representations, interest on the Series 201 1 Bonds is excluded from gross income for federal income tax
purposes and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations, and (ii)
the Series 201 1 Bonds and the income thereon are exempt from taxation under the laws of the State of Florida, except estate taxes imposed by
Chapter 198. Florida Statutes, as amended, and net income andfranchise taxes imposed by Chapter 220, Florida Statutes, as amended. Interest on
the Series 20I1 Bonds may be subject to certain federal taxes imposed only on certain corporations, including the corporate alternative minimum tax
on aportion of that interest. For a more complete discussion of the tax aspects, see "TAXMATTERS" herein.
$ *
CITY OF MIAMI BEACH, FLORIDA
STORMWATER REVENUE BONDS
SERIES 201 1A
$ *
CITY OF MIAMI BEACH, FLORIDA
STORMWATER REVENUE REFUNDING BONDS
SERIES 201 1B
Dated: Date of Delivery Due: September 1, as shown on inside front cover page
The City of Miami Beach (the "City") is issuing its $ * Stormwater Revenue Bonds, Series 201 1A (the "Series 201 1A Bonds")
and $ * Stormwater Revenue Refunding Bonds, Series 201 1B (the "Series 201 1B Bonds" and together with the Series 201 1A Bonds, the
"Series 201 1 Bonds"). The Series 201 1 Bonds will be delivered initially in book-entry form, in denominations of $5,000 or any whole multiple
thereof, and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York, which will act as securities
depository for the Series 201 1 Bonds. Purchasers will not receive certificates representing their ownership interest in the Series 201 1 Bonds
purchased. Interest on the Series 201 1 Bonds will accrue from the dated date and is payable semiannually commencing on March 1, 2012 and on
each September 1 and March 1 thereafter. See "THE SERIES 201 1 BONDS - Book-Entry Only System."
The Series 20 1 IA Bonds are being issued by the City for the purpose of providing funds to (i) pay the costs of certain capital improvements to
its Stormwater Utility (the "201 1 Project"), (ii) fund a deposit to the Reserve Account, and (iii) pay the costs of issuing the Series 201 1A Bonds. The
Series 201 1B Bonds are being issued by the City for the purpose of providing funds, together with other available moneys of the City, to (i) refund,
defease and redeem the Bonds to be Refunded (as such term is defined in this Official Statement), including interest to accrue to their redemption
date, and (ii) paying the costs of such issuance, refunding, defeasance and redemption (collectively, the "Refunding Requirements").
The Series 201 1 Bonds are subject to redemption by the City prior to maturity as set forth herein.
The Series 201 1 Bonds are payable from and secured by a first lien on and a pledge of the Net Revenues derived from the operation of the
Stormwater Utility of the City. Such first lien and pledge of Net Revenues granted by the City in favor of the Series 201 1 Bonds shall be on a parity
with the first lien and pledge of such Net Revenues granted by the City in favor of the Stormwater Revenue Refunding Bonds, Taxable Series 20095-
2, and that may be granted by the City in favor of Additional Bonds, Refunding Bonds, Alternative Parity Debt and certain Short-Term Indebtedness.
See "SECURITY FOR THE SERIES 201 1 BONDS'herein.
THE CITY IS NOT OBLIGATED TO PAY THE SERIES 2011 BONDS OR THE INTEREST THEREON EXCEPT FROM THE
PLEDGED REVENUES AND NEITHER THE FAITH AND CREDIT NOR ANY PHYSICAL PROPERTIES OF THE CITY ARE
PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, OR INTEREST ON THE SERIES 201 1
BONDS. THE ISSUANCE OF THE SERIES 2011 BONDS DOES NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY
OBLIGATE THE CITY TO LEVY ANY FORM OF TAXATION WHATEVER THEREFOR OR TO MAKE ANY APPROPRIATION
FOR THEIR PAYMENT EXCEPT FROM THE PLEDGED REVENUES. NEITHER THE FULL FAITH AND CREDIT NOR THE
TAXING POWER OF THE CITY, MIAMI-DADE COUNTY, FLORIDA, THE STATE OF FLORIDA OR ANY POLITICAL
SUBDIVISION THEREOF IS PLEDGED TO PAYMENT OF THE SERIES 201 1 BONDS.
THIS COVER PAGE CONTAMS CERTAIN MFORMATION FOR QUICK REFERENCE ONLY. IT IS NOT A SUMMARY OF THIS ISSUE.
INVESTORS MUST READ THE ENTIRE OFFICIAL STATEMENT TO OBTAIN INFORMATION ESSENTIAL TO THE MAKING OF AN MFORMED
MVESTMENT DECISION.
The Series 201 1 Bonds are offered when, as and if issued and accepted by the Underwriters subject to the opinions on certain legal matters
relating to their issuance of Squire, Sanders & Dempsey (US) LLP, Miami, Florida, Bond Counsel. Certain legal matters will be passed upon for the
City by Jose Smith, City Attorney. Certain legal matters will be passed upon for the Underwriters by Edwards Wildman Palmer LLP, West Palm
Beach. Florida. RBC Capital Markets, LLC, Miami, Florida, has served as Financial Advisor to the City in connection with the issuance of the
Series 201 1 Bonds. It is expected that the Series 201 1 Bonds will be available for delivery through DTC in New York New York on or about
November -, 201 1.
J.P. MORGAN
B of A Merrill Lynch Morgan Stanley & Co. Incorporated SunTrust Robinson Humphrey
Dated: , 201 1
' Preliminary, subject to change.
PMB 423657.6
MATURITY DATES, PRINCIPAL AMOUNTS, INITIAL CUSIP NUMBERS, INTEREST RATES, AND YIELDS
CITY OF MIAMI BEACH, FLORIDA
$ *
STORMWATER REVENUE BONDS
SERIES 2011A
$ * Serial Series 20 1 1A Bonds
Maturity Initial Maturity Initial
Date Principal CUSIP Interest Date Principal CUSIP Interest
September 1 Amount* &(I) - Rate Yield September I Amount* - NO.(]) yieJ
$ Yo Yo $ Yo Yo
$ % Term Series 201 1A Bonds due September 1, -, Yield %, Initial CUSIP NO.(')
$ % Term Series 201 1 A Bonds due September 1, , Yield %, Initial CUSIP NO.(')
S *
STORMWATER REVENUE REFUNDING BONDS
SERIES 2011B
$ * Serial Series 20 1 1 B Bonds
Maturity Initial Maturity Initial
Date Principal CUSIP Interest Date Principal CUSIP Interest
September 1 Amount* &(I) - Rate Yield September 1 Amount* &('I - Rate yieJ
$ Yo Yo $ ?'o Yo
$ % Term Series 20 1 1 B Bonds due September I, , Yield %, Initial CUSIP NO.(')
$ % Term Series 20 1 1 B Bonds due September 1, , Yield %, Initial CUSIP NO.")
* Preliminary, subject to change.
(') Neither the City nor the Underwriters assume responsibility for the use of CUSIP numbers, nor is any representation made as to their correctness.
The CUSIP numbers are included solely for the convenience of the readers of this Official Statement.
PMB 423657.6
RED HERRING LANGUAGE:
This Preliminary Official Statement and the information contained herein are subject to completion or
amendment. Under no circumstances shall this Preliminary Official Statement constitute an offer to sell or a
solicitation of any offer to buy, nor shall there be any sale of the Series 201 1 Bonds in any jurisdiction in which such
offer, solicitation or sale would be unlawful prior to registration, qualification or exemption under the securities laws
of such jurisdiction.
PMB 423657.6
CITY OF MIAMI BEACH
Jorge Exposito
Edward L. Tobin
CITY MANAGER
Jorge M. Gonzalez
MAYOR
Matti Herrera Bower
VICE MAYOR
Jeny Libbin
CHIEF FINANCIAL OFFICER
Patricia Walker
CITY COMMISSION
Michael Gongora Jonah Wolfson
Deede Weithorn
CITY ATTORNEY
Jose Smith
ASSISTANT CITY MANAGER
Duncan Ballantyne
PUBLIC WORKS DIRECTOR
Fred H. Beckmann
FINANCIAL ADVISOR
RBC Capital Markets, LLC
BOND COUNSEL
Squire, Sanders & Dempsey (US) LLP
CONSULTING ENGINEERS
Camp Dresser & McKee Inc.
RATE CONSULTANT
Camp Dresser & McKee Inc.
CITY CLERK
Robert E. Parcher
PMB 423657.6
NO DEALER, BROKER, SALESPERSON OR OTHER PERSON HAS BEEN AUTHORIZED BY THE
CITY TO GIVE ANY INFORMATION OR TO MAKE ANY REPRESENTATIONS IN CONNECTION WITH
THE ISSUANCE OF THE SERIES 201 1 BONDS, OTHER THAN AS CONTAINED IN THIS OFFICIAL
STATEMENT AND, IF GIVEN OR MADE, SUCH OTHER INFORMATION OR REPRESENTATIONS MUST
NOT BE RELIED UPON AS HAVING BEEN AUTHORIZED BY THE CITY. THIS OFFICIAL STATEMENT
DOES NOT CONSTITUTE AN OFFER TO SELL OR THE SOLICITATION OF ANY OFFER TO BUY NOR
SHALL THERE BE ANY SALE OF THE SERIES 20 1 1 BONDS BY ANY PERSON IN ANY JURISDICTION IN
WHICH IT IS UNLAWFUL FOR SUCH PERSON TO MAKE SUCH OFFER, SOLICITATION OR SALE. THIS
OFFICIAL STATEMENT IS NOT TO BE CONSTRUED AS A CONTRACT WITH THE PURCHASERS OF
THE SERIES 20 1 1 BONDS.
THE ORDER AND PLACEMENT OF MATERIALS IN THIS OFFICIAL STATEMENT, INCLUDING
THE APPENDICES, ARE NOT TO BE DEEMED A DETERMINATION OF RELEVANCE, MATERIALITY OR
IMPORTANCE, AND THIS OFFICIAL STATEMENT, INCLUDING THE APPENDICES, MUST BE
CONSIDERED IN ITS ENTIRETY. THE CAPTIONS AND HEADINGS IN THIS OFFICIAL STATEMENT
ARE FOR CONVENIENCE ONLY AND IN NO WAY DEFINE, LIMIT OR DESCRIBE THE SCOPE OR
INTENT, OR AFFECT THE MEANING OR CONSTRUCTION, OF ANY PROVISIONS OR SECTIONS IN
THIS OFFICIAL STATEMENT. THE OFFERING OF THE SERIES 201 1 BONDS IS MADE ONLY BY
MEANS OF THIS ENTIRE OFFICIAL STATEMENT.
IN CONNECTION WITH THIS OFFERING, THE UNDERWRITERS MAY OVERALLOT OR EFFECT
TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE OF THE SERIES 201 I BONDS
AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH
STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. THE UNDERWRITERS MAY
OFFER AND SELL THE SERIES 20 1 1 BONDS TO CERTAIN DEALERS AND OTHERS AT YIELDS HIGHER
THAN THE PUBLIC OFFERING YIELDS SET FORTH ON THE INSIDE COVER PAGES OF THIS OFFICIAL
STATEMENT, AND SUCH PUBLIC OFFERING YIELDS MAY BE CHANGED FROM TIME TO TIME,
AFTER THE INITIAL OFFERING TO THE PUBLIC, BY THE UNDERWRITERS.
THE OFFICIAL STATEMENT CONTAINS STATEMENTS, WHICH TO THE EXTENT THEY ARE
NOT RECITATIONS OF HISTORICAL FACT, CONSTITUTE "FORWARD-LOOKING STATEMENTS." IN
THIS RESPECT, THE WORDS "ESTIMATE," "PROJECT," "ANTICIPATE," "EXPECT," "INTEND,"
"BELIEF," AND SIMILAR EXPRESSIONS ARE INTENDED TO IDENTIFY FORWARD-LOOKING
STATEMENTS. SUCH STATEMENTS MAY BE SUBJECT TO RISKS AND UNCERTAINTIES THAT
COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THOSE CONTEMPLATED IN
SUCH FORWARD-LOOKING STATEMENTS.
THE SERIES 201 1 BONDS HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF
1933, AS AMENDED OR ANY STATE SECURITIES LAW NOR HAS THE BOND RESOLUTION BEEN
QUALIFIED UNDER THE TRUST INDENTURE ACT OF 1939, AS AMENDED, IN RELIANCE UPON
EXEMPTIONS CONTAINED IN SUCH ACTS. IN MAKING AN INVESTMENT DECISION, INVESTORS
MUST RELY ON THEIR OWN EXAMINATION OF THE STORMWATER UTILITY AND THE TERMS OF
THIS OFFERING, INCLUDING THE MERITS AND RISKS INVOLVED. NEITHER THE SECURITIES AND
EXCHANGE COMMISSION NOR ANY OTHER FEDERAL, STATE OR GOVERNMENTAL ENTITY OR
AGENCY WILL HAVE PASSED UPON THE ACCURACY OR ADEQUACY OF THIS OFFICIAL
STATEMENT OR APPROVED, RECOMMENDED OR PASSED UPON THE MERITS OF THE SERIES 201 1
BONDS FOR SALE. ANY REPRESENTATION TO THE CONTRARY MAY BE A CRIMINAL OFFENSE.
THIS OFFICIAL STATEMENT IS BEING PROVIDED TO PROSPECTIVE PURCHASERS EITHER IN
BOUND PRINTED FORM ("ORIGINAL BOUND FORMAT") OR IN ELECTRONIC FORMAT ON THE
FOLLOWING WEBSITE: . THIS OFFICIAL STATEMENT MAY BE RELIED UPON
ONLY IF IT IS IN ITS ORIGINAL BOUND FORMAT OR AS PRINTED IN ITS ENTIRETY DIRECTLY FROM
SUCH WEBSITE.
THIS PRELIMINARY OFFICIAL STATEMENT IS IN THE FORM DEEMED FINAL BY THE CITY
FOR PURPOSES OF RULE 15~2-12 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934,
AS AMENDED, EXCEPT FOR CERTAIN INFORMATION PERMITTED TO BE OMITTED PURSUANT TO
RULE 15~2-12(b)(l).
PMB 423657.6
TABLE OF CONTENTS
..................................................................................................................................................... INTRODUCTION 1
............................................................................................................... PURPOSE OF THE SERIES 201 1 BONDS 2
................................................................................................................................................... REFUNDING PLAN 2
ESTIMATED SOURCES AND USES OF FUNDS .................................................................................................. 3
THE SERIES 2011 BONDS ....................................................................................................................................... 3
General ....................................................................................................................................................... 3
......................................................................................................................... Book-Entry Only System 3
................................................................................................... Optional Redemption of Series 201 1 Bonds 6
........................................................................................................... Mandatory Sinking Fund Redemption 6
Redemption Notice ........................................................................................................................................... 7
.......................................................................................................... SECURITY FOR THE SERIES 201 1 BONDS 8
............................................................................................................................................................ General 8 .............................................................................................................................................. Flow of Funds 9
Reserve Account ............................................................................................................................................. 10
................................................................................................................................................. Rate Covenant 13
................................... Additional Bonds .... ................................................................................................... 14
........................................................................................................................................... Refunding Bonds 15 ........................................................................................................... ....................... Other Indebtedness .. 16
............................................................................................................................. THE STORMWATER UTILITY 16 ........................................................................................................................................................... General 17
...................................................................................................................... The Public Works Department 17
.............................................................................................. Description of the Existing Stormwater Utility 19
........................ .................................................................................. The Capital Improvement Program .. 19
.......................... ................................................................................................ Governmental Regulation .. 27
................................................................................................................................ Rates, Fees and Charges 29
.................................................................................................................................. Billing and Collection 29
................................................................................................................................ DEBT SERVICE SCHEDULE 30
HISTORICAL AND FORECASTED SCHEDULE OF NET REVENUE, DEBT
SERVICE AND DEBT COVERAGE ...................... ... ................................................................................... 31
...................................................................................................................................................... RISK FACTORS 33
LITIGATION ..................................................................................................................................................... 34
TAX MATTERS ................................................................................................................................................... 34
.................................................................................................................................................................. EXPERTS 37
................................................................................................................................................... UNDERWRITING 38
................................................................................................................................. FINANCIAL STATEMENTS 38
.................................................................................. VERIFICATION OF MATHEMATICAL COMPUTATIONS 38
FINANCIAL ADVISOR ....................................................................................................................................... 39
RATINGS ................................................................................................................................................................... 39
LEGAL MATTERS .................................................................................................................................................... 39
.................................................................................................................................. CONTINUING DISCLOSURE 40
.................................................................................................................................. CONTINGENT FEES ....40
.................... . .... ...................... DISCLOSURE PURSUANT TO SECTION 5 17.05 1 FLORIDA STATUTES .. .. 40
MISCELLANEOUS .................................................................................................................................................. 40
.......................................................................... CERTIFICATE CONCERNING THE OFFICIAL STATEMENT 40
PMB 423657.6
APPENDIX A - General Information Regarding the City and Miami-Dade County
APPENDIX B - Report of Consulting Engineers
APPENDIX C - Financial Statements of the City
APPENDIX D - Bond Resolution and Series 201 1 Resolution
APPENDIX E - Form of Disclosure Dissemination Agent Agreement
APPENDIX F - Form of Opinion of Bond Counsel
PMB 423657.6
OFFICIAL STATEMENT
RELATING TO
$ *
CITY OF MIAMI BEACH, FLORIDA
$ *
CITY OF MIAMI BEACH, FLORIDA
STORMWATER REVENUE BONDS STORMWATER REVENUE REFUNDING BONDS
SERIES 2011A SERIES 201 1B
INTRODUCTION
The purpose of this Official Statement, including the cover page and all appendices, is to set forth
certain information in connection with the sale by the City of Miami Beach, Florida (the "City") of its
$ * aggregate principal amount of Stormwater Revenue Bonds, Series 201 1A (the "Series
201 1 A Bonds") and $ * aggregate principal amount of Stormwater Revenue Refunding
Bonds, Series 201 1B (the "Series 20 1 1B Bonds" and together with the Series 201 1A Bonds, the "Series
201 1 Bonds"). The Series 201 1 Bonds, the Series 2009 Bonds (defined below) and any Additional Bonds
and Refunding Bonds issued on a parity therewith, are collectively referred to as the "Bonds." The Series -.
201 1 Bonds are being issued pursuant to the Constitution and Laws of the State of Florida, including
Chapter 166 and Section 403.0893(1), Florida Statutes, and the City of Miami Beach Charter
(collectively, the "Act") and other applicable provisions of law and pursuant and subject to the terms and
conditions of Resolution No. 2000-24127 adopted by the Mayor and City Commission of the City (the
"Commission") on October 18, 2000 (the "Bond Resolution"), and Resolution No. 201 1- adopted by
the Commission on ,20 1 1 (the "Series 20 1 1 Resolution"),
The City has previously issued pursuant to the Bond Resolution its (i) $52,170,000 original
principal amount of City of Miami Beach, Florida Stormwater Revenue Bonds, Series 2000, currently
Outstanding in the principal amount of $27,105,000 (the "Outstanding Series 2000 Bonds"); and (ii)
$16,185,000 original principal amount of City of Miami Beach, Florida Stormwater Revenue Refunding
Bonds, Taxable Series 20095-2 (the "Series 2009 Bonds"), all of which are currently Outstanding.
The principal of, and interest on, the Series 201 1 Bonds are secured by a lien on and pledge of the
Pledged Revenues as described herein, on a parity with the Series 2009 Bonds (other than the Reserve
Account, which does not secure the Series 2009 Bonds), and any Additional Bonds and Refunding Bonds
that may be issued from time to time under the Bond Resolution and Alternative Parity Debt and certain
Short-Term Indebtedness that may be issued from time to time. See "SECURITY FOR THE SERIES
201 1 BONDS" in this Official Statement.
All capitalized terms used in this Official Statement and not otherwise defined herein have the
same meaning as provided in Appendix D attached hereto. Descriptions of the Series 201 1 Bonds, the
Bond Resolution, and other agreements and documents contained herein constitute summaries of certain
provisions thereof, and do not purport to be complete. Reference is made to the Bond Resolution and
such other agreements and documents for a more complete description of such provisions, copies of
which are on file at the oflices of the City.
* Preliminary, subject to change.
PMB 423657.6
PURPOSE OF THE SERIES 2011 BONDS
The Series 201 1A Bonds are being issued by the City for the purpose of providing funds to (i)
pay the costs of certain capital improvements to its Stormwater Utility (the "201 1 Project"), (ii) fund a
deposit to the Reserve Account, and (iii) pay the costs of issuing the Series 201 1A Bonds. The Series
201 1B Bonds are being issued by the City for the purpose of providing funds, together with other
available moneys of the City, to (i) refund, defease and redeem the Outstanding Series 2000 Bonds (the
"Bonds to be Refunded"), including interest to accrue to their redemption date, and (ii) paying the costs of
such issuance, refunding, defeasance and redemption (collectively, the "Refunding Requirements")
The improvements to the Stormwater Utility to be made with the proceeds of the Series 201 1
Bonds are part of the improvements to be made pursuant to the Capital Improvement Program for the
Stormwater Utility. See "THE STORMWATER UTILITY - The Capital Improvement Program."
REFUNDING PLAN
On the date of original issuance and delivery of the Series 20 1 1 B Bonds, pursuant to the terms of
an escrow deposit agreement between the City and U.S. Bank National Association (the "Escrow
Agent"), with respect to the defeasance of the Bonds to be Refunded (the "Escrow Agreement"), the City
will deposit a portion of the proceeds of the Series 201 1B Bonds and certain other moneys of the City - .
with the Escrow Agent for deposit to the credit of a special and irrevocable trust fund established pursuant
to the Escrow Agreement (the "Escrow Deposit Trust Fund"). These proceeds and other available
moneys will be applied, on the date of issuance and delivery of the Series 201 1B Bonds, to the purchase
of direct obligations of the United States of America (the "Escrow Securities") and any cash remaining
after such purchase will be held uninvested.
The Escrow Securities will mature at such times and in such amounts so that the maturing
principal, together with the investment income, when due and received by the Escrow Agent, and other
moneys remaining uninvested in the Escrow Deposit Trust Fund will be sufficient to pay the principal of
and accrued interest on the Bonds to be Refunded to their redemption date,
Upon the deposit of such proceeds and moneys in the Escrow Deposit Trust Fund, the purchase of
such Escrow Securities and the direction to give certain notices, as required under the Bond Resolution, in
the opinion of Bond Counsel rendered in reliance upon the verification report of Causey Demgen &
Moore described under "VERTFICATION OF MATHEMATICAL COMPUTATIONS" in this Official
Statement, the Bonds to be Refunded shall no longer be deemed to be oustanding under the Bond
Resolution.
The maturing principal of and interest on the Escrow Securities and uninvested moneys held
under the Escrow Agreement will not be available to pay principal and interest on the Series 201 1B
Bonds.
PMB 423657.6
ESTIMATED SOURCES AND USES OF FUNDS
The following table sets forth the estimated sources and uses of funds from the proceeds of the
Series 201 1 Bonds:
Sources of Funds Series 20 1 1 A Series 20 1 1 B
Bonds Bonds Total
Principal Amount of Series 201 1 Bonds $ $ $
Net Original Issue Discount/Premium ( > ( > ( )
[Other available moneys]
Total Estimated Sources of Funds $ $ $
Uses of Funds
Deposit to Series 201 1A Construction Account $ $ -- $
Deposit to Escrow Deposit Trust Fund --
Deposit to Reserve Account
Costs of Issuance (I)
$ $ $ Total Estimated Uses of Funds
(1) Includes Underwriters' discount, rating agency fees, engineering, consulting and legal fees, and other issuance costs
THE SERIES 2011 BONDS
General
The Series 201 1 Bonds will be dated , 20 1 1. The Series 20 1 1 Bonds will bear interest
at the rates and will mature on the dates and in the amounts set forth on the inside cover page of this
Official Statement. Interest on the Series 201 1 Bonds is payable semiannually commencing on March 1,
2012 and on each September 1 and March 1 thereafter. U.S. Bank National Association, Miami, Florida,
is acting as paying agent and bond registrar for the Series 201 1 Bonds (the "Bond Registrar").
Book-Entrv Only Svstem
The following description of the procedures and record keeping with respect to beneficial
ownership interests in the Series 201 1 Bonds, payment of interest and principal on the Series 201 1 Bonds
to Participants or Beneficial Owners of the Series 2011 Bonds, confirmation and transfer of beneficial
ownership interest in the Series 2011 Bonds and other related transactions by and between DTC, the
Participants and the Beneficial Owners of the Series 201 1 Bonds is based solely on information furnished
by DTC on its website for inclusion in this Official Statement. Accordingly, neither the City nor the
Underwriters can make any representation concerning these matters or take any responsibility for the
accuracy or completeness of such information.
The Depository Trust Company ("DTC"), New York, New York, will act as securities depository
for the Series 201 1 Bonds. The Series 201 1 Bonds will be issued as fully-registered securities registered
in the name of Cede & Co. (DTCYs partnership nominee) or such other name as may be requested by an
authorized representative of DTC. One fully-registered bond certificate will be issued for each maturity
PMB 423657.6
of each Series of the Series 201 1 Bonds, each in the aggregate principal amount of such maturity to be
issued, as set forth on the inside cover page of this Official Statement, and will be deposited with DTC.
DTC, the world's largest securities depository, is a limited-purpose trust company organized
under the New York Banking Law, a "banking organization" within the meaning of the New York
Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of
the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions
of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over
3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money
market instruments (from over 100 countries) that DTC's participants ("Direct Participants") deposit with
DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other
securities transactions in deposited securities, through electronic computerized book-entry transfers and
pledges between Direct Participants' accounts. This eliminates the need for physical movement of
securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers,
banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned
subsidiary of The Depository Trust & Clearing Corporation ("DTCC"). DTCC is the holding company for
DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are
registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC
system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks,
trust companies, and clearing corporations that clear through or maintain a custodial relationship with a
Direct Participant, either directly or indirectly ("Indirect Participants"). DTC has a Standard & Poor's
rating of AA+. The DTC Rules applicable to its Direct and Indirect Participants are on file with the
Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com.
Purchases of Series 201 1 Bonds under the DTC system must be made by or through Direct
Participants, which will receive a credit for the Series 201 1 Bonds on DTC's records. The ownership
interest of each actual purchaser of each Series 201 1 Bond ("Beneficial Owner") is in turn to be recorded
on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation
from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations
providing details of the transaction, as well as periodic statements of their holdings, from the Direct or
Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of
ownership interests in the Series 201 1 Bonds are to be accomplished by entries made on the books of
Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive
certificates representing their ownership interests in Series 201 1 Bonds, except in the event that use of the
book-entry system for the Series 201 1 Bonds is discontinued.
To facilitate subsequent transfers, all Series 201 1 Bonds deposited by Direct Participants with
DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may
be requested by an authorized representative of DTC. The deposit of the Series 201 1 Bonds with DTC
and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in
beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Series 201 1 Bonds;
DTC's records reflect only the identity of the Direct Participants to whose accounts such Series 201 1
Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants
will remain responsible for keeping account of their holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct
Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial
Owners will be governed by arrangements among them, subject to any statutory or regulatory
requirements as may be in effect from time to time. Beneficial Owners of the Series 201 1 Bonds may
wish to take certain steps to augment the transmission to them of notices of significant events with respect
to the Series 201 1 Bonds, such as redemptions, tenders, defaults, and proposed amendments to the
4
PMB 423657.6
security documents. For example, Beneficial Owners of the Series 201 1 Bonds may wish to ascertain that
the nominee holding the Series 201 1 Bonds for their benefit has agreed to obtain and transmit notices to
Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses
to the Bond Registrar and request that copies of notices be provided directly to them.
Redemption notices shall be sent by the Bond Registrar to DTC. If less than all of the Series 20 1 1
Bonds within a particular maturity are being redeemed, DTC's practice is to determine by lot the amount
of the interest of each Direct Participant in such issue to be redeemed.
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to
the Series 201 1 Bonds unless authorized by a Direct Participant in accordance with DTC's MMI
Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible
after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those
Direct Participants to whose accounts Series 201 1 Bonds are credited on the record date (identified in a
listing attached to the Omnibus Proxy).
Principal and interest payments on the Series 201 1 Bonds will be made to Cede & Co., or such
other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit
Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from
City or the Bond Registrar, on the payable date in accordance with their respective holdings shown on
DTC's records. Payments by Direct and Indirect Participants to Beneficial Owners will be governed by
standing instructions and customary practices, as is the case with securities held for the accounts of
customers in bearer form or registered in "street name," and will be the responsibility of such Participant
and not of DTC, the Bond Registrar or the City, subject to any statutory or regulatory requirements as
may be in effect from time to time. Payment of principal and interest to Cede & Co. (or such other
nominee as may be requested by an authorized representative of DTC) is the responsibility of the City or
the Bond Registrar, disbursement of such payments to Direct Participants will be the responsibility of
DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct
and Indirect Participants.
NEITHER THE CITY NOR THE BOND REGISTRAR WILL HAVE ANY
RESPONSIBILITY OR OBLIGATION TO ANY DIRECT OR INDIRECT PARTICIPANT OR
THE PERSONS FOR WHOM THEY ACT AS NOMINEES WITH RESPECT TO THE SERIES
2011 BONDS IN RESPECT OF THE ACCURACY OF ANY RECORDS MAINTAINED BY DTC
OR ANY DIRECT OR INDIRECT PARTICIPANT, THE PAYMENT BY DTC OR ANY DIRECT
OR INDIRECT PARTICIPANT OF ANY AMOUNT IN RESPECT OF THE PRINCIPAL OF OR
INTEREST ON THE SERIES 2011 BONDS, ANY NOTICE WHICH IS PERMITTED OR
REQUIRED TO BE GMN TO BONDHOLDERS UNDER THE BOND RESOLUTION, THE
SELECTION BY DTC OR ANY DIRECT OR INDIRECT PARTICIPANT OR ANY PERSON TO
RECEIVE PAYMENT IN THE EVENT OF A PARTIAL REDEMPTION OF THE SERIES 2011
BONDS, OR ANY CONSENT GMN OR OTHER ACTION TAKEN BY DTC AS
BONDHOLDER. SO LONG AS CEDE & CO. IS THE REGISTERED OWNER OF THE
SERIES 2011 BONDS, AS NOMINEE OF DTC, REFERENCES IN THIS OFFICIAL
STATEMENT TO THE BONDHOLDERS OR REGISTERED OWNERS OF THE SERIES 2011
BONDS SHALL MEAN CEDE & CO., AND SHALL NOT MEAN THE BENEFICIAL OWNERS
OF THE SERIES 201 1 BONDS.
Discontinuance of Book-Entry Only System
In the event the City determines that it is in the best interest of the Beneficial Owners to obtain
Series 201 1 Bond certificates, the City may notifL DTC and the Bond Registrar, whereupon DTC will
5
PMB 423657.6
notifjr the DTC Participants, of the availability through DTC of Series 201 1 Bond certificates. In such
event, the City shall prepare and execute, and the Bond Registrar shall authenticate, transfer and
exchange, Series 201 1 Bond certificates as requested by DTC in appropriate amounts and within the
guidelines set forth in the Bond Resolution. DTC may also determine to discontinue providing its
services with respect to the Series 201 1 Bonds at any time by giving written notice to the City and the
Bond Registrar and discharging its responsibilities with respect thereto under applicable law. Under such
circumstances (if there is no successor securities depository), the City and the Bond Registrar shall be
obligated to deliver Series 201 1 Bond certificates as described herein. In the event Series 201 1 Bond
certificates are issued, the provisions of the Bond Resolution shall apply to, among other things, the
transfer and exchange of such certificate and the method of payment of principal of and interest on such
certificates. Whenever DTC requests the City and the Bond Registrar to do so, the City will direct the
Bond Registrar to cooperate with DTC in taking appropriate action after reasonable notice (i) to make
available one or more separate certificates evidencing the Series 201 1 Bonds to any DTC Participant
having Series 201 1 Bonds credited to its DTC account; or (ii) to arrange for another securities depository
to maintain custody of certificates evidencing the Series 201 1 Bonds.
Optional Redemption of Series 2011 Bonds
Optional Redemptionfor the Series 2011 Bonds. The Series 201 1 Bonds maturing on September
1,20- and thereafter shall be subject to redemption prior to their stated dates of maturity, at the option of
the City, from any moneys that may be available for such purpose, as a whole or in part at any time on or
after September 1, 20-, and if in part in any order of maturity selected by the City and by lot or by such
other manner as the Bond Registrar shall deem appropriate within a maturity if less than a fill maturity is
to be redeemed, at a redemption price equal to 100% of the principal amount of the Series 201 1 Bonds to
be redeemed plus accrued interest to the redemption date and without premium.
Mandatorv sink in^ Fund Redem~tion
Mandatory Sinking Fund Redemption for the Series 201 1A Bonds. The Series 201 1A Bonds
maturing on September 1,20- are subject to mandatory sinking find redemption prior to maturity in part
by lot or by such manner as the Bond Registrar shall deem appropriate, on September 1,20- and on each
September 1 thereafter, at a redemption price equal to the principal amount thereof and accrued interest
thereon to the date fixed for redemption, without premium, from Amortization Requirements, as follows:
Redemption Date
(September 1)
Principal
Amount
* Maturity
The Series 201 1A Bonds maturing on September 1, 20- are subject to mandatory sinking find
redemption prior to maturity in part by lot or by such manner as the Bond Registrar shall deem
appropriate, on September 1, 20- at a redemption price equal to the principal amount thereof and
accrued interest thereon to the date fixed for redemption, without premium, from Amortization
Requirements, as follows:
PMB 423657.6
Redemption Date
[September 1)
Principal
Amount
* Maturity
Mandatory Sinking Fund Redemption for the Series 2011B Bonds. The Series 201 1 B Bonds
maturing on September 1,20- are subject to mandatory sinking fund redemption prior to maturity in part
by lot or by such manner as the Bond Registrar shall deem appropriate, on September 1,20- and on each
September 1 thereafter, at a redemption price equal to the principal amount thereof and accrued interest
thereon to the date fixed for redemption, without premium, from Amortization Requirements, as follows:
Redemption Date
[September 1)
Principal
Amount
* Maturity
The Series 201 1B Bonds maturing on September 1, 20- are subject to mandatory sinking fund
redemption prior to maturity in part by lot or by such manner as the Bond Registrar shall deem
appropriate, on September 1, 20- at a redemption price equal to the principal amount thereof and
accrued interest thereon to the date fixed for redemption, without premium, from Amortization
Requirements, as follows:
Redemption Date
[September 1)
Principal
Amount
* Maturity
Redem~tion Notice
At least thirty (30) days, but not more than sixty (60) days, before the redemption date, a notice of
any such redemption, either in whole or in part, (a) shall be filed by the City with the Bond Registrar, and
(b) shall be mailed by the Bond Registrar, first class mail, postage prepaid, to all registered owners of
Series 201 1 Bonds (which, so long as DTC shall act as securities depository for the Series 201 1 Bonds,
7
PMB 423657.6
shall be Cede & Co.) to be redeemed at their last addresses as they appear on the registration books kept
by the Bond Registrar, but failure so to mail any such notice shall not affect the validity of the
proceedings for such redemption. No assurance can be given by the City that DTC and DTC Participants
will promptly transmit notices of redemption to Beneficial Owners. After such redemption date, interest
will no longer accrue on such Series 201 1 Bonds called for redemption, so long as the required funds are
on deposit for their redemptions. Owners of such Series 201 1 Bonds should thereafter look solely to such
funds for payment.
SECURITY FOR THE SERIES 201 1 BONDS
General
The Bonds issued under the Bond Resolution are limited obligations of the City, payable solely
from and secured by a lien upon and pledge of Net Revenues and, to the extent provided in the Bond
Resolution, from Impact Fees and Special Assessments, and all moneys held in the respective Funds and
Accounts established under the Bond Resolution other than the Subordinated Indebtedness Account and
the Arbitrage Rebate Fund (collectively, the "Pledged Revenues"). See Appendix D hereto for a further
description of the Pledged Revenues. The Series 201 1 Bonds are payable from and secured by the
Pledged Revenues on a parity with the Series 2009 Bonds (other than the Reserve Account, which does
not secure the Series 2009 Bonds) and any Additional Bonds and Refunding Bonds that may be issued
from time to time under the Bond Resolution and Alternative Parity Debt and certain Short-Term
Indebtedness that may be issued from time to time. With respect to the Series 201 1 Bonds, there will be
no Special Assessments or Impact Fees available to pay principal of and interest on the Series 201 1
Bonds, and therefore, as applied to the Series 201 1 Bonds, "Pledged Revenues" shall not be deemed to
include Special Assessments or Impact Fees.
"Net Revenues" is defined in the Bond Resolution as being, for any particular period, the amount
of Revenues for such period less Current Expenses for such period.
"Revenues" is defined in the Bond Resolution as all moneys received by the City in connection
with or as a result of its ownership or operation of the Stormwater Utility, including the income derived
by the City from the provision of stormwater management utility services, any proceeds of use and
occupancy insurance on the Stormwater Utility or any part thereof, payments made to the City under
Interest Rate Swap arrangements, income from investments made under the Bond Resolution and, except
for certain purposes related to the issuance of Additional Bonds under the Bond Resolution, amounts
transferred or to be transferred from the Rate Stabilization Account; provided, however, Revenues shall
not include grants, contributions or donations, investment income from investments of moneys on deposit
in the Construction Fund, the Subordinated Indebtedness Account, the Impact Fee Account and the
Special Assessment Account, proceeds of insurance (except use and occupancy insurance) and
condemnation awards, moneys held in the Subordinated Indebtedness Account and in any Arbitrage
Rebate Fund created pursuant to the Bond Resolution, proceeds of sales of property constituting a part of
the Stormwater Utility, Special Assessments, the proceeds of Bonds or other Utility Debt and Impact
Fees.
"Current Expenses" is defined in the Bond Resolution as the City's reasonable and necessary
current expenses of maintenance, repair and operation of the Stormwater Utility and shall include, without
limiting the generality of the foregoing, all ordinary and usual expenses of maintenance and repair, which
may include expenses not annually recurring, any reasonable payments to pension or retirement funds
properly chargeable to the Stormwater Utility, insurance premiums, engineering expenses relating to
maintenance, repair and operation, fees and expenses of the Bond Registrar, legal and accounting
expenses, any fees, fines, or penalties lawfully imposed on the Stormwater Utility, any taxes which may
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PMB 423657.6
be lawfully imposed on the Stormwater Utility or its income or operations and reserves for such taxes,
annual fees for the maintenance of Credit Facilities, Liquidity Facilities, Reserve Account Insurance
Policies, Reserve Account Letters of Credit or Interest Rate Swaps (other than payments due under an
Interest Rate Swap on a parity with interest due on the Bonds and termination payments thereunder), and
any other expenses required to be paid by the City in connection with the Stormwater Utility under the
provisions of the Bond Resolution or by law, including any amounts required from time to time to pay
arbitrage rebate to the United States of America or to fund the Arbitrage Rebate Fund, but shall not
include any reserves for extraordinary maintenance or repair, or any allowance for depreciation, or any
administrative expenses payable to the City's General Fund, or any deposits or transfers to the credit of
the Debt Service Account, the Reserve Account, the Rate Stabilization Account, the Subordinated
Indebtedness Account, the Impact Fee Account or the Special Assessment Account.
The City is not obligated to pay the Series 201 1 Bonds or the interest thereon except from the
Pledged Revenues and neither the faith and credit nor any physical properties of the City are pledged to
the payment of the Series 201 1 Bonds. The issuance of the Series 201 1 Bonds does not directly or
indirectly or contingently obligate the City to levy any form of taxation whatever therefor or to make any
appropriation for their payment except from the Pledged Revenues. Neither the full faith and credit nor
the taxing power of the City, Miami-Dade County, Florida (the "County"), the State of Florida or any
political subdivision thereof is pledged to the payment of the Series 201 1 Bonds.
Flow of Funds
The City maintains a special fund designated the "Stormwater Utility Fund" (the "Enterprise
Fund"). The Bond Resolution establishes within the Enterprise Fund the Debt Service Account (and
within the Debt Service Account, the Bond Service Subaccount and Redemption Subaccount), Reserve
Account, Rate Stabilization Account, Subordinated Indebtedness Account, Impact Fee Account and
Special Assessment Account. The Bond Resolution also establishes the Construction Fund. All such
funds and accounts will be held by the City, and no independent trustee has been appointed to hold the
moneys in such funds for the benefit of the Bondholders.
The City deposits all Revenues collected from the Stormwater Utility's operations into the
Enterprise Fund. Not later than the 20th day of each month, the City will withdraw from the Enterprise
Fund (except for an amount equal to the next two month's Current Expenses under the Annual Budget,
which amount shall be held for the payment of Current Expenses) and deposit the funds withdrawn in the
following order:
(a) To the Bond Service Subaccount of the Debt Service Account, an amount which,
together with amounts concurrently deposited therein from Impact Fees pursuant to the Bond
Resolution and from Special Assessments pursuant to the Bond Resolution, will equal one-sixth
(116) of interest payable on the Bonds of each Series on the next Interest Payment Date, and one-
twelfth (1112) or, if principal is payable semiannually, one-sixth (1/6), of the next maturing
installment of principal on all Serial Bonds then Outstanding; provided, however, that in each
month intervening between the date of delivery of Bonds and the next succeeding Interest
Payment Date or principal payment date, respectively, the amount specified in this subparagraph
shall be the amount which when multiplied by the number of deposits to the credit of the Bond
Service Subaccount required to be made during such respective periods as provided above will
equal the amounts required (taking any amounts received as accrued interest or capitalized
interest from the proceeds of the Bonds) for such next succeeding interest payment and next
maturing installment of principal, respectively;
PMB 423657.6
(b) To the Redemption Subaccount of the Debt Service Account, an amount which,
together with amounts concurrently deposited therein from Impact Fees pursuant to the Bond
Resolution and from Special Assessments pursuant to the Bond Resolution, will equal one-
twelfth (1112) or, if any Bonds are required to be retired semiannually in satisfaction of the
Amortization Requirements therefor, one-sixth (1/6), of the principal amount of Term Bonds of
each Series required to be retired in satisfaction of the Amortization Requirements, if any, for
such Fiscal Year;
(c) To the Reserve Account, the amount, if any, as may be required to make the
amount deposited to the credit of the Reserve Account in such month equal to the Reserve
Account Deposit Requirement for such month; provided, however, that if the Reserve Account
Deposit Requirement is being satisfied by the restoration of any amounts drawn or paid under a
Reserve Account Insurance Policy or a Reserve Account Letter of Credit, there shall be paid to
the provider thereof such amount, if any, of any balance remaining after the deposits under
clauses (a) and (b) above, as may be required to cause the Reserve Account Deposit Requirement
to be satisfied;
(d) To the Rate Stabilization Account, amounts determined from time to time by the
Commission; and
(e) To the Subordinated Indebtedness Account, an amount, if any, equal to the sum
of one-twelfth (1112) of the principal, redemption premium, if any, and interest coming due on
any Subordinated Indebtedness during the succeeding twelve month period and the amount, if
any, required to be deposited in any special reserve subaccount established within the
Subordinated Indebtedness Account.
Impact Fees are required to be deposited to the Impact Fee Account, and Special Assessments are
required to be deposited to the Special Assessment Account, and the amounts in such accounts are
required to be used for the specific purposes for which such Impact Fees or Special Assessments have
been levied. See Appendix D hereto for a further description of such Accounts.
Reserve Account
General. Under the Bond Resolution, the City has established the Reserve Account within the
Enterprise Fund. The Reserve Account is held for the benefit of all Bonds Outstanding except that the
Series Resolution for one or more particular Series of Bonds may establish a separate subaccount within
the Reserve Account for such particular Series of Bonds and, in such event, such Series of Bonds shall be
secured only by the moneys held for the credit of such subaccount and by no other amounts held for the
credit of the Reserve Account, and the Bonds outstanding of any other Series will have no claim
whatsoever on the moneys held for the credit of such separate subaccount in the Reserve Account. No
separate subaccount is being established with respect to the Series 201 1 Bonds.
The Reserve Account Requirement under the Bond Resolution is an amount equal to the lesser of
(i) the Maximum Principal and Interest Requirements for all outstanding Bonds in the current or any
subsequent Fiscal Year, or (ii) the maximum amount allowed to be funded from Bond proceeds under the
Code; provided that if the Series Resolution corresponding to a Series of Bonds provides for the
establishment of a separate subaccount in the Reserve Account to secure only such Series of Bonds (with
such Series of Bonds having no claim on the other moneys deposited to the credit of the Reserve
Account), the Reserve Account Requirement for such Series of Bonds shall be calculated as set forth in
the corresponding Series Resolution.
PMB 423657.6
Notwithstanding anything to the contrary contained in the Bond Resolution, (i) the Series 2009
Bonds are not secured by the Reserve Account or any separate subaccount therein, and (ii) the Reserve
Account Requirement is computed without regard to the Series 2009 Bonds.
Upon the issuance of a Series of Bonds, unless funded from the proceeds of such Series of Bonds,
the City is required to make deposits to the Reserve Account from the Enterprise Fund each month (after
making the deposits to the Debt Service Account and Redemption Account) of one-twelfth (1112) of the
increase in the Reserve Account Requirement resulting from the issuance of such Series of Bonds until
the amount on deposit therein equals the Reserve Account Requirement, unless the Series Resolution for
such Series of Bonds establishes a separate subaccount in the Reserve Account to secure only such Series
of Bonds (with such Series of Bonds having no claim on the other moneys deposited to the credit of the
Reserve Account). If the Reserve Account contains less than the Reserve Account Requirement, then the
City is required to make deposits therein from the Enterprise Fund each month (after making deposits to
the Debt Service Account and Redemption Account), of one-twelfth (1112) of the deficiency, until the
Reserve Account Requirement is met.
Moneys held for the credit of the Reserve Account will first be used for the purpose of paying the
interest on and the principal of the Bonds whenever and to the extent that the moneys held for the credit
of the Bond Service Subaccount (after any transfers thereto from the Rate Stabilization Account) shall be
insufficient for such purpose and thereafter for the purpose of making deposits to the credit of the
Redemption Subaccount in respect of such Bonds whenever and to the extent that withdrawals from the
Enterprise Fund (including transfers from the Rate Stabilization Account) are insufficient for such
purposes; provided, however, that moneys held for the credit of a separate subaccount in the Reserve
Account shall be applied to the foregoing purposes and in the foregoing manner, but only for the benefit
of the Series of Bonds for which such separate subaccount was established. Unless otherwise specified
by a Series Resolution, if the moneys held in the Reserve Account exceed the Reserve Account
Requirement, such excess is required to be withdrawn and deposited to the credit of the Enterprise Fund.
The Bond Resolution permits the City to provide all or a portion of the Reserve Account
Requirement by depositing in the Reserve Account (or any subaccount therein) a Reserve Account
Insurance Policy or Reserve Account Letter of Credit, in lieu of any required deposits into, or in
substitution for all or a portion of the amounts on deposit in, the Reserve Account (or the applicable
subaccount therein). The entity providing such facility must, at the time of so providing, be of sufficient
credit quality to enable debt backed by its facility to be rated in one of the two highest rating categories
(without regard to any gradations within such categories) by either Fitch, Inc., Standard & Poor's Ratings
Services or Moody's Investors Service, Inc.
In the event that upon the occurrence of any deficiency in the Debt Service Account, the Reserve
Account is then funded with one or more Reserve Account Insurance Policies andlor Reserve Account
Letters of Credit, the City or the Bond Registrar, as applicable, shall, on the Interest Payment Date or
principal payment date to which such deficiency relates, draw upon or cause to be paid under such
facilities, on a pro-rata basis thereunder, an amount sufficient to remedy such deficiency, in accordance
with the terms and provisions of such facilities and any corresponding reimbursement or other agreement
governing such facilities; provided however, that if at the time of such deficiency the Reserve Account is
only partially funded with one or more Reserve Account Insurance Policies andlor Reserve Account
Letters of Credit, prior to drawing on such facilities or causing payments to be made thereunder, there
shall first be applied any cash and securities on deposit in the Reserve Account to remedy the deficiency
and, if after such application a deficiency still exists, the City or the Bond Registrar, as applicable, shall
make up the balance of the deficiency by drawing on such facilities or causing payments to be made
thereunder, as provided in this paragraph. Amounts drawn or paid under a Reserve Account Insurance
Policy or Reserve Account Letter of Credit shall be applied as set forth in the Bond Resolution. Any
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PMB 423657.6
amounts drawn or paid under a Reserve Account Insurance Policy or Reserve Account Letter of Credit
shall be reimbursed to the issuer thereof in accordance with the terms and provisions of the
reimbursement or other agreement governing such facility, including with respect to the Existing Reserve
Account Insurance Policy (defined below), the Reserve Account Policy Agreement.
Existing; Reserve Account Insurance Policy. There is currently on deposit to the credit of the
Reserve Account a municipal bond debt service reserve insurance policy issued by Financial Guaranty
Insurance Company ("Financial Guaranty"), which constitutes a Reserve Account Insurance Policy (the
"Existing Reserve Account Insurance Policy"). The Existing Reserve Account Insurance Policy is not
limited to any Series of Bonds and will cover the Series 201 1 Bonds upon issuance, together with the
deposit from the proceeds of the Series 20 1 1 A Bonds.
The Existing Reserve Account Insurance Policy unconditionally guarantees the payment of that
portion of the principal of and interest on the Outstanding Bonds which has become due for payment, but
shall be unpaid by reason of nonpayment by the City, provided that the aggregate amount paid under the
Existing Reserve Account Insurance Policy may not exceed the maximum amount set forth in the
Existing Reserve Account Insurance Policy, $3,572,212.50. The Existing Reserve Account Insurance
Policy expires September 1, 2030. Financial Guaranty will make such payments to the Bond Registrar
for the Bonds on the later of the date on which such principal and interest is due or on the business day
next following the day on which Financial Guaranty shall have received telephonic or telegraphic notice
subsequently confirmed in writing or written notice by registered or certified mail from the Bond
Registrar of the nonpayment of such amount by the City. The term "nonpayment" in respect of a Bond
includes any payment of principal or interest made to an owner of a Bond which has been recovered from
such owner pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with
a final nonappealable order of a court having competent jurisdiction.
The Existing Reserve Account Insurance Policy is non-cancellable and the premium is fully paid.
The Existing Reserve Account Insurance Policy covers failure to pay principal of the Bonds (other than
the Series 2009 Bonds) on their respective stated maturity dates, or dates on which the same shall have
been called for mandatory sinking fund redemption, and not on any other date on which the Bonds may
have been accelerated, and covers the failure to pay an installment of interest on the stated date for its
payment.
Generally, in connection with its issuance of a debt service reserve policy, such as the Existing
Reserve Account Insurance Policy, Financial Guaranty requires, among other things, (i) that, so long as it
has not failed to comply with its payment obligations under the debt service reserve policy, it be granted
the power to exercise any remedies available at law or under the authorizing document other than (A)
acceleration of the bonds or (B) remedies which would adversely affect holders in the event that the issuer
fails to reimburse Financial Guaranty for any draws on the debt service reserve policy; and (ii) that any
amendment or supplement to or other modification of the principal legal documents be subject to
Financial Guaranty's consent. The specific rights, if any, granted to Financial Guaranty in connection
with its issuance of the debt service reserve policy are set forth in the Bond Resolution included as
Appendix D to this Official Statement.
Upon delivery of the Series 201 1 Bonds and upon deposit of $ of proceeds of the
Series 201 1A Bonds, together with $ provided for under the Existing Reserve Account
Insurance Policy in the Reserve Account, the amount on deposit in the Reserve Account will be equal to
the Reserve Account Requirement ($ ) for all Bonds then Outstanding (other than the
Series 2009 Bonds which are neither included in computing the Reserve Account Requirement nor
secured by the Reserve Account).
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PMB 423657.6
For more information regarding the financial strength ratings and the risks relating to the Existing
Reserve Account Insurance Policy, please refer to the investor information available on-line at Financial
Guaranty's investor information website: http://www.fgic.com/investorrelations/.
Rate Covenant
The City has covenanted in the Bond Resolution that it will fix, charge and collect reasonable
rates and charges for the use of the services and facilities furnished by the Stormwater Utility and that
from time to time, and as often as it shall appear necessary, it will adjust such rates and charges by
increasing or decreasing the same or any selected categories of rates and charges so that the Net Revenues
(excluding from the computation of Current Expenses for any Fiscal Year any amount received from any
source other than Revenues and applied to the payment of Current Expenses in such Fiscal Year) will be
sufficient to provide an amount in each Fiscal Year at least equal to one hundred ten percent (1 10%) of
Principal and Interest Requirements on all Bonds for such Fiscal Year and 100% of all amounts required
to be deposited to the Reserve Account (or paid to the provider of a Reserve Account Insurance Policy or
Reserve Account Letter of Credit), Rate Stabilization Account and Subordinated Indebtedness Account
for such Fiscal Year.
If the City has covenanted to levy Special Assessments or Impact Fees against property to be
benefited by any Improvements (which levy is done in accordance with State law), and if, in the case of
Special Assessments, the City has pledged such Special Assessments to the payment of Bonds or portions
thereof and if, in the case of Impact Fees, such Impact Fees are legally available for application with
respect to the payment of Bonds or portions thereof, then the Net Revenues in any Fiscal Year for
purposes of the rate covenant shall be increased by the amount which the Consulting Engineers estimate
will be received from the levy of said Special Assessments or Impact Fees, as the case may be, during
such Fiscal Year, said amount to be the installment payments on the Special Assessments or Impact Fees,
as the case may be, plus, in the case of Special Assessments, any interest payable on the unpaid portion of
the Special Assessments during such Fiscal Year.
If in any Fiscal Year the Net Revenues are less than the amount required under the preceding
paragraphs, within 30 days of the receipt of the audit report for such Fiscal Year (which, under the Bond
Resolution, may be the provisions of the City's Consolidated Audited Financial Report relating to the
Stormwater Utility), the City is required to either cause the Chief Financial Officer, or employ a Rate
Consultant, to review and analyze the financial status and operations of the Stormwater Utility, and to
submit, within 60 days thereafter, a written report to the City recommending revisions of the rates, fees
and charges of the Stormwater Utility and the methods of operation of the Stormwater Utility that will
result in producing the amount so required in the following Fiscal Year. Promptly upon its receipt of such
recommendations, the City is required to transmit copies thereof to the City Manager and Chief Financial
Officer and to revise its rates, fees and charges, or alter its methods of operation and take such other
action as will conform with such recommendations.
If the City fails to comply with the recommendations of the Chief Financial Officer or Rate
Consultant, as applicable, the registered owners of not less than 10% in principal amount of all Bonds
then Outstanding may institute and prosecute an action or proceeding in any court or before any board or
commission having jurisdiction to compel the City to comply with the recommendations and the
requirements of the preceding paragraph.
If the City complies with all recommendations of the Chief Financial Officer or Rate Consultant,
as applicable, in respect to its rates, fees, charges and methods of operation, the failure of Net Revenues to
meet the rate covenant described above will not constitute an Event of Default so long as the Revenues,
together with available moneys in the Funds and Accounts created under the Bond Resolution, other than
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PMB 423657.6
the Construction Fund and the Arbitrage Rebate Fund, are suficient to pay in cash the Current Expenses
and to pay the Principal and Interest Requirements on all Outstanding Bonds and other Utility Debt for
such Fiscal Year.
Additional Bonds
Additional Bonds of the City may be issued under and secured by the Bond Resolution, on a
parity as to the pledge of the Net Revenues of the Stormwater Utility with the Series 201 1 Bonds, the
Series 2009 Bonds and any Additional Bonds, Refunding Bonds, Alternative Parity Debt and Short-Term
Indebtedness issued on a parity therewith and secured by the Bond Resolution and then Outstanding,
subject to the conditions described below, from time to time, for the purpose of paying all or any part of
the Cost of any Improvements and the funding of the Reserve Account and/or the Rate Stabilization
Account.
Before any Additional Bonds are permitted to be issued under the Bond Resolution, the
Commission shall adopt a Series Resolution authorizing the issuance of such Additional Bonds and there
shall be filed with the City, among other things, the following:
(a) a certificate of the Chief Financial Officer, an Accountant or the Rate Consultant,
demonstrating that either (i) the percentage derived by dividing the Net Revenues projected for H ~
the Stormwater Utility for the Fiscal Year following the Fiscal Year in which the Completion
Date of the Improvements to be financed by the Additional Bonds then to be delivered is
expected to occur, as certified by the Rate Consultant, adjusted as permitted below, by the
Maximum Principal and Interest Requirements, including the Principal and Interest Requirements
with respect to the Additional Bonds then to be delivered, for any future Fiscal Year is not less
then one hundred ten percent (1 10%); or (ii) the percentage derived by dividing the Net Revenues
for any period of twelve consecutive months selected by the City out of the eighteen months
preceding the delivery of such certificate, by the Maximum Principal and Interest Requirements,
including the Principal and Interest Requirements with respect to the Additional Bonds then to be
delivered, for any future Fiscal Year is not less than 110% (the period during which Net
Revenues are determined being referred to hereinafter as the "Measurement Period"); and
(b) if the certificate described in (a)(i) above is being delivered, a certificate of the
Rate Consultant setting forth the projected Net Revenues for the Fiscal Year following the Fiscal
Year in which the Completion Date of the Improvements to be financed by the Additional Bonds
then to be delivered is expected to occur; and
(c) a certificate of the Chief Financial Officer to the effect that no event of default
under the Bond Resolution and no event which with the passage of time, the giving of notice or
both would become an event of 'Elefault, has occurred within the twelve consecutive calendar
months prior to the date of such certificate and is continuing, or, if any such event or events has
occurred and is continuing, that the issuance of such Series of Additional Bonds will cure the
same.
In determining whether to execute and deliver the certificate mentioned in paragraph (a) above,
the following adjustments to Net Revenues may be made:
(1) If the City, prior to the issuance of the proposed Additional Bonds, shall have increased
the rates, fees, rentals or other charges for the services of the Stormwater Utility, the Net Revenues for the
Measurement Period shall be adjusted to show the Net Revenues which would have been derived from the
PMB 423657.6
Stormwater Utility in such Measurement Period as if such increased rates, fees, rentals or other charges
for the services of the Stormwater Utility had been in effect during all of such Measurement Period.
(2) If the City shall have acquired or has contracted to acquire any privately or publicly
owned existing stormwater management utility system, then the Net Revenues derived from the
Stormwater Utility during the Measurement Period shall be increased by addition to the Net Revenues for
the Measurement Period of the Net Revenues which would have been derived from said existing
stormwater management utility system as if such existing stormwater management utility system had
been a part of the Stormwater Utility during the Measurement Period. For the purposes of this paragraph,
the Net Revenues derived from said existing stormwater management utility system during the
Measurement Period shall be adjusted by deducting the cost of operation and maintenance of said existing
stormwater management utility system from the gross revenues of said existing stormwater management
utility system in the same manner provided in the Bond Resolution for the determination of Net
Revenues.
(3) If the City, in connection with the issuance of Additional Bonds, shall enter into a
contract (with a duration not less than the final maturity of such Additional Bonds) with any public or
private entity whereby the City agrees to furnish services in connection with any stormwater management
utility system then the Net Revenues of the Stormwater Utility during the Measurement Period shall be
increased by the least amount which said public or private entity shall guarantee to pay in any one year
for the furnishing of said services by the City, after deducting therefrom the proportion of operating
expenses and repair, renewal and replacement cost attributable in such year to such services. Such
payments shall be deemed to be Net Revenues of the Stormwater Utility and pledged for the Bonds in the
same manner as other Net Revenues of the Stormwater Utility.
(4) If the City has covenanted to levy Special Assessments or Impact Fees against property to
be benefited by any Improvements (which levy must be done in accordance with State law), and if, in the
case of Special Assessments, the City has pledged or pledges such Special Assessments to the payment of
Bonds or portions thereof and if, in the case of Impact Fees, such Impact Fees are legally available for
application with respect to Bonds or portions thereof, then solely for purposes of clauses (a) and (b) above
the Net Revenues during the Measurement Period shall be increased by the amount which the Consulting
Engineers estimate will be received from the levy of said Special Assessments or Impact Fees, as the case
may be, during any Fiscal Year occurring within three years of the date of the sale of such Additional
Bonds, said amount to be the installment payments on the Special Assessments or Impact Fees, as the
case may be, plus, in the case of Special Assessments, any interest payable on the unpaid portion of the
Special Assessments during such Fiscal Year.
The Series 201 1A Bonds are being issued as Additional Bonds.
refund in^ Bonds
Under the provisions of the Bond Resolution, Refunding Bonds of the City may be issued under
and secured by the Bond Resolution, on a parity with the Series 201 1 Bonds, and any Additional Bonds,
Refunding Bonds, Alternative Parity Debt and Short-Term Indebtedness issued on a parity therewith, for
the purpose of refunding all or any portion of the Outstanding Bonds of any one or more Series, funding
the Reserve Account and/or the Rate Stabilization Account and paying any expenses in connection with
such refunding; provided that, before such Refunding Bonds are permitted to be issued, there shall be
filed with the City Clerk, among other things, either (i) a certificate of the Chief Financial Officer that the
issuance of the Refunding Bonds wiIl result in a decrease in totaI Principal and Interest Requirements for
all Bonds outstanding, or (ii) the certificates required by (a), (b) and (c) under the caption "Additional
Bonds" above; provided, however, that with respect to the certificates required by (a)(ii) and (b), the
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PMB 423657.6
projected Net Revenues shall be computed for the Fiscal Year immediately following the issuance of the
Refunding Bonds.
The Series 201 1B Bonds are being issued as Refunding Bonds.
Other Indebtedness
The City may also issue other types of indebtedness as provided in the Bond Resolution,
including certain Short-Term Indebtedness and Alternative Parity Debt on a parity with the Series 201 1
Bonds. Such Short-Term Indebtedness may be issued without meeting any parity test. For a description
of such other types of indebtedness and the tests applicable to the issuance thereof, see Appendix D hereto
(Sections 21 1 and 212 of the Bond Resolution). The City intends to issue Additional Bonds in
accordance with its Capital Improvement Program. See "THE STORMWATER UTILITY" in this
Official Statement.
THE STORMWATER UTILITY
The following is intended to provide only a summary description of the Stormwater Utility. For a
more detailed description, see the report of Camp Dresser & McKee Inc. annexed hereto as Appendix B.
General
The City is a highly urbanized coastal community located in southeast Florida and is a major
economic resource to the region. Bounded by the Atlantic Ocean and the environmentally sensitive
Biscayne Bay Aquatic Preserve, which is also an Outstanding Florida Water (OFW), the existing
stormwater system covers approximately 4,200 acres. The area has relatively low-lying topography that
is intersected by intracoastal waterways, and it has a subtropical climate with high intensity rainfall,
significant tidal influence, limited soil storage for infiltration, high amounts of impervious area, and
limited available surface storage. These factors all contribute to historical and potential future severe
rainfall and tidal flooding.
The City installed the current stormwater collection and disposal system beginning in the early
1940s. The infrastructure consisted of a network of catch basins, conveyance piping, and positive outfalls
that discharge stormwater into the surrounding waterways. The installation of the Stormwater Utility
paralleled development of the City and was focused initially in the South Beach and Mid-Beach areas. In
addition to the City's drainage network, the Florida Department of Transportation has installed several
independent drainage systems within the City.
On June 18, 199 1, through the adoption of Ordinance 9 1-66, the Board of County Commissioners
of Miami-Dade County established a county-wide stormwater utility. On September 2, 1992, the City
adopted Resolution No. 92-20579, which authorized the execution of an Interlocal Agreement with the
County. The Interlocal Agreement formalized the relationship between the County and the City and
established responsibilities for the planning, control, operation, construction, maintenance, repair, and
enhancement of stormwater systems within the limits of the City. In March 1996, the City, through
Commission Resolution 96-21923, notified the County of its desire to be excluded from the County
stormwater utility and through the adoption of Ordinance No. 96-3051, on September 11, 1996,
established an independent Stormwater Utility for the City.
Currently, the City owns the Stormwater Utility within its geographical boundary, which covers
an area of approximately 4,200 acres, including a number of discrete islands located in Biscyane Bay.
The stormwater infrastructure in place includes approximately 4,200 stormwater inlets, 6,100 conduits
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PMB 423657.6
(gravity pipes and force mains), 2,200 manholes, 14 pumping stations and 340 stormwater outfalls. The
Stormwater Utility is responsible for protecting the waterways from pollution and removal of stormwater
from the roadways. The Stormwater Utility manages and controls the amount of runoff that is discharged
in the stormwater system. It is also responsible for maintaining the stormwater conveyance system,
relieving flooding conditions, and complying with National Pollutant Discharge System ("NPDES")
permit requirements,
The City exercises exclusive jurisdiction, control and supervision over the Stormwater Utility.
The Commission has the legal authority to fix, charge and collect from its customers, rates, fees, and
charges, and to acquire, construct, finance and operate the Stormwater Utility, without supervision or
regulation by any other commission, board, bureau, agency or other political subdivision of the County or
State (provided, however, that environmental impacts are regulated as described herein under "THE
STORMWATER UTILITY - Governmental Regulation").
The Public Works De~artment
The Public Works Department is responsible for the operation and maintenance of the facilities of
the stormwater system. Fred H. Beckmann is the Public Works Director reporting to the Assistant City
Manager, Duncan Ballantyne, and is assisted by one Assistant Public Works Director.
The Infrastructure Director is responsible for the daily operations of the stormwater system. The
Infrastructure Director oversees six divisions, Water Maintenance and Construction, Water Meter
Maintenance, Sewer Maintenance and Construction, Pump Station Maintenance, Stormwater, and
Warehouse.
Other Public Works Department Divisions include Engineering, Environmental, Streets and
Street Lights, Geographic Information Systems (GIS), and Administration.
The Public Works Department is supported by other departments within the City. The City
Manager's office provides managerial and administrative guidance. The Finance Department performs the
utility billing function. The Procurement Department performs several functions: handles requests for
payment of invoices received by Public Works; advertisement and award of all construction contracts;
handles all requests for proposals for engineering consultant contracts; facilitates purchases of required
equipment. The Office of Budget and Performance Improvements (OBPI) approves all spending requests
and allocates funding for all water, wastewater and stormwater operations. The Parks Department
handles green space restoration. Fleet Maintenance and Property Management perform vehicle fleet
maintenance and building maintenance, respectively. The Human Resources Department handles all
personnel functions. The Capital Improvement Project Office provides planning, design review, fiscal
and construction management services of City capital projects.
The following table identifies those management officials of the City who are responsible for the
operation of the Stormwater Utility:
PMB 423657.6
Name - Title
Jorge M. Gonzalez City Manager Jorge M. Gonzalez was selected on June 7, 2000 to
serve as the City Manager of the City and began serving
the City on August 21, 2000. Prior to his appointment
as the City Manager, Mr. Gonzalez served as Senior
Assistant Chief Administrative Offlcer in Montgomery
County, Maryland. From 1995-1999, he served as an
Assistant County Manager in Arlington County,
Virginia. Prior to that post, he served as the Assistant
Director of Administration for the Center for the Fine
Arts in Miami-Dade County and as the Management
Consultant for the Audit and Management Services
Department in Miami-Dade County. Mr. Gonzalez
received both his Bachelor of Arts degree in Politics and
Public Affairs and his Masters degree in Public
Administration from the University of Miami.
Patricia D. Walker Chief Financial Appointed Chief Financial Officer for the City of Miami
Officer Beach in March 1997; Director of Airports, Broward
County, Florida, 1994- 1997; Director, Broward County
Aviation Department 199 1-1 997, Dade County Aviation
Department, 1978- 1990, Price Waterhouse & Co., 1973-
1978. Education: Florida State University, B.S.
Accounting; Florida International University, M.S.M.
Accounting. Certification: Certified Public Accountant,
Florida 1974.
Duncan R. Ballantyne Assistant City
Manager
Fred H. Beckmann Public Works
Director
Mr. Ballantyne was selected and began serving the City
of Miami Beach as an Assistant County Manager on
February 28, 2011. Prior to his appointment as
Assistant County Manager, Mr. Ballantyne served as
County Manager, Carteret County, North Carolina from
20 10-201 1. From 2005-2009, he served as County
Administrator in Martin County, Florida. From 1996-
2005, he sewed as City Manager in Concord, New
Hampshire. Prior to that post, Mr. Ballantyne served as
City Manager for the City of Bath, Maine, from 1990-
1996. He served as Assistant City Manager in Grand
Rapids, Michigan from 1985-1990 and also served as
Assistant to the City ManagerIAnalyst in Charlotte,
North Carolina from 1977-1 985. Mr. Ballantyne
received both his Bachelor of Arts in Political Science
and his Masters degree in Public Administration from
the University of Cincinnati.
Mr. Beckmann was selected in June 2001 to serve as the
Director of Public Works. He has over 35 years of
experience in the planning, design, construction,
maintenance and operations of facilities and public
works infrastructure. Prior to joining Miami Beach, Mr.
PMB 423657.6
Beckmann was a Captain in the U.S. Navy Civil
Engineer Corps serving in executive operational
construction and public works positions. Mr. Beckmann
holds a masters degree and a bachelors degree in Civil
Engineering form the University of Washington and the
University of California at Los Angeles (UCLA),
respectively. He is a registered professional engineer in
Florida and California.
Description of the exist in^ Stormwater Utility
The Stormwater Utility is responsible for protecting the waterways from pollution and flood
protection or the removal of stormwater from the roadways. The Stormwater Utility meets its flood
protection objectives through three methods: filling land and constructing new buildings and
improvements at elevations above the anticipated flood elevation; lowering the water table through the
construction of canals; and the construction of storm sewers and other stormwater collection and
conveyance systems to remove stormwater from the land surface and discharge into the surrounding
waterways or into the groundwater.
The filling or elevating of land prior to the improvement of property is accomplished by
maintaining building codes that require all new construction to be completed with a finished floor
elevation above the 100-year flood stage elevation.
A canal network is also utilized as part of the City's stormwater management program. The
canals are constructed along natural drainage features and connect salt water bodies at the same elevation.
Continuous concrete bulkheads (sea-walls) were used in the construction process to reduce erosion of soil
of the adjacent filled lands. Water movement through these canals is accomplished by tidal flushing
action only. The Collins Canal connects the southern end of Indian Creek Waterway with Biscayne Bay
at Belle Island. Stormwater runoff enters this canal from Dade Boulevard to the north and from various
street-ends to the south. The canals are designed in conjunction with the storm sewer system and
reportedly were sized to handle a 25-year storm having a 24-hour duration.
The third method of stormwater management is through the use of storm sewers and other
stormwater collection and conveyance devices. Storm sewers serve to collect and dispose of excess water
after a rainfall event through containment andlor rapid disposal by positive gravity-driven outlets. Storm
sewers are comprised of a complex system of collection devices (typically catch basins), pipes, and
outfalls that collect, convey and discharge stormwater runoff directly into surface water bodies.
The Capital Improvement Propram
The 1997 Stormwater Master Plan identified 34 drainage basins as high priority basins.
Improvements are grouped together and reclassified by the neighborhood or general community. The
purpose of these improvements is to provide a higher level of service ("LOS") defined by flood protection
and control of pollutant loading in the stormwater system. The improvements will consist of one or a
combination of the following:
Repair, replace, or install curb and gutter
rn Pavement re-grading
PMB 423657.6
a Repair, replace, or install collection systems (catch basins, manholes, storage facilities,
pumping stations, and pipes)
Repair or upgrade existing outfalls (inclusive of tidal backflow prevention devices)
Install exfiltration trenches, gravity or pressurized recharge wells
The Capital Improvement projects listed below are a combination of active projects pre-defined
by the 1997 Stormwater Master Plan (the "1997 SWMP"), project-specific Basis of Design Reports, and
projects identified as part of the 201 1 Stormwater Master Plan (the "201 1 SWMP"). In most instances,
the stormwater improvements were coordinated with the components of the City's Neighborhood Right-
of-Way projects, which included improvements to other neighborhood utilities such as water, sewer,
streetscape and street lighting. The listed projects are identified for funding under the Series 201 1 Bonds.
The listed projects are scheduled for completion of design and construction within the next five years and
will provide comprehensive solutions for improving the City's stormwater management system
performance for the next 50 years. Appropriate consideration has been given to water quality of the
Biscayne Bay, and Operation and Maintenance (O&M) of an expanded system. The presented capital
improvements allow the City's stormwater systems to meet the increasing performance, permitting and
regulatory demands while modernizing the existing system to meet the level of service mandated for the
City of Miami Beach.
City wide Storm water Master Plan
Project Description- The 201 1 SWMP is intended to be a guide for improving the City's
stormwater management system performance for the next 50 years. The SWMP will provide a
preliminary schedule of prioritized capital improvements necessary to allow the City's stormwater
systems to meet the increasing performance and regulatory demands and modernize existing systems
while maintaining the high level of service expected in a modern urban environment.
Cost Allocated to Series 201 1A Bonds: $600,000
Nautilus Neighborhood Improvements
Project Description- The 1997 Stormwater Master Plan identified capital improvements for the
Nautilus Neighborhood. The CIP for the Nautilus neighborhood has been constructed. The completed
construction project was based off the 1997 Stormwater Master Plan Recommendations calling for
approximately 8,600 linear feet of pipe and 149 recharge wells.
Cost Allocated to Series 201 1 A Bonds: $1 67,220
Normandy Isle Neighborhood Improvements
Project Description- The 201 1 SWMP identified capital improvements for the Normandy Isle
Neighborhood. Stormwater upgrades were completed recently, but do not cover the full capital cost for
improvements identified in the 201 1 SWMP. The constructed improvements meet current regulatory and
permitting requirements while providing an improvement in the level LOS for flood protection and
control of pollutant loading in the stormwater system. Additional improvements, as identified in the 201 1
SWMP are under review by the City in preparation for approval by the City Commission. Additional
capital improvements will be needed by a future funding source upon acceptance of the 201 1 SWMP to
meet the full stormwater LOS. The full extent of capital improvements required is as follows:
PMB 423657.6
Approximately 130 recharge wells; 20 first flush inlets and 80 curb inlets along with
improvements to the curb and gutter and sidewalk systems. Upgrades of 36- to 48-inch diameter pipes
and installation of 3- x 5-ft and 4- x 6-ft box culverts; 11 backflow preventers; four pump stations (20 to
70 cfs in capacity) to single diameter upsized outfalls to the Biscayne Bay. Outfall upgrades include 18-
to 54-inch diameter pipes and 900 feet of force main. The pump stations are required due to the low lying
areas and are not specifically required to address the head loss requirements associated with the backflow
preventers.
Cost Allocated to Series 201 1A Bonds: $198,006
Normandy Shores Neighborhood Improvements
Project Description- The 1997 Stormwater Master Plan identified capital improvements for the
Normandy Shores Neighborhood. The CP for the Normandy Shores neighborhood has been constructed.
The completed construction was based off the 1997 Stormwater Master Plan Recommendations calling
for approximately 12,900 linear feet of pipe and 82 recharge wells.
Cost Allocated to Series 201 1A Bonds: $2,066,698
Seawall - Lincoln Road Streetend West
Project Description- In 2003, the City performed a Preliminary Inspection Report on Seawall and
Outfall Conditions (Coastal Planning & Engineering, 2003). The Lincoln Road Streetend West was listed
as one of the top ranked damaged seawalls. The 2003 report recommends repairs including sealing of
cracks and construction of a concrete seawall cap to stop further tilting of the seawall.
Cost Allocated to Series 20 1 1 A Bonds: $173,000
Drainage Improvements - 44th St. & Royal Palm
Project Description- The design for the project area consists of a new stormwater collection and
conveyance system including a 48-inch diameter outfall replacing an existing 15-inch diameter outfall.
Cost Allocated to Series 201 1A Bonds: $650,000
Belle Isle Outfall Pipe Replacement
Project Description- The CIP components include three pumped recharge wells and the expansion
of stormwater outfalls to Biscayne Bay. Construction of the project is complete.
Cost Allocated to Series 201 1A Bonds: $5 11,238
Oceanfront Neighborhood Improvements
Project Description- The 1997 Stormwater Master Plan identified capital improvements for the
Oceanfront Neighborhood. The CP for the Oceanfront neighborhood is under construction. The
completed design was based off the 1997 Stormwater Master Plan Recommendations calling for
approximately 10,500 linear feet of pipe and 103 recharge wells.
Cost Allocated to Series 201 1A Bonds: $383,246
PMB 423657.6
Right-of- Way (ROW Improvements on Prairie Avenue
Project Description- The CIP stormwater components include the construction of swales and
other water quality components. The project is currently scheduled for advertisement for construction.
Cost Allocated to Series 201 1A Bonds: $377,000
Star Island RO W
Project Description- In 2002, the City developed a Neighborhood No. 13 Basis of Design Report
(EDAW, 2002) which included ROW improvements for Star Island. The Basis of Design Report defines
the stormwater-related components of this ROW project as swale regrading, 7,600 linear feet of concrete
curbing and approximately 72,000 square feet of roadway resurfacing to address localized flooding.
Cost Allocated to Series 20 1 1 A Bonds: $ 803,000
Biscayne Point
Project Description- The 1997 Stormwater Master Plan identified capital improvements for
Biscayne Point. The CIP for Biscayne Point is under construction. The completed design was based off
the 1997 Stormwater Master Plan Recommendations calling for approximately 1,200 linear feet of pipe
and 19 recharge wells.
Cost Allocated to Series 20 1 1 A Bonds: $6,59 1,259
Bayshore BP-8B /Lower No. Bay Road
Project Description- The 1997 Stormwater Master Plan identified capital improvements for this
project. The proposed improvements consist of a pressurized recharge well system (i.e., baffle box, pump
station, two wells per pump station, and a passive by-pass structure). The drainage systems include new
baffle boxes which are connected upstream to the two newly designed pressurized recharge well systems.
The baffle box is designed to provide at least 90 seconds of detention prior to discharge into the Class V
wells. An overflow weir set at elevation 2.5-feet (Bay Datum) allows high flows to bypass the wells and
continue to the original outfalls. Tideflex valves as backflow preventers are also included as a design
component at each of the four outfalls.
From approximately West 29th Street northward, a series of existing and proposed inletslpipes
convey runoff to an existing outfall along West 29th Street. The project was recently awarded for
construction.
Cost Allocated to Series 201 1A Bonds: $ 3,5 15,281
Bayshore BP-8A / Central
Project Description- The 1997 Stormwater Master Plan identified capital improvements for this
project. The CIP stormwater components include the construction of swales and other water quality
components. The project was recently awarded for construction.
Cost Allocated to Series 201 1 A Bonds: $ 9,856,605
PMB 423657.6
Bayshore BP-8C/ Lake Pancoast
Project Description- The 1997 Stormwater Master Plan identified capital improvements for this
project. The final design solution includes 125 feet of exfiltration trench in combination with a pumped
(pressurized) recharge well system located at 24th Street and Flamingo Drive. An additional 100 feet of
exfiltration trench is proposed at the intersection of Dade Boulevard and Flamingo Place. The project was
recently awarded for construction.
Cost Allocated to Series 20 1 1 A Bonds: $ 1,599,060
Venetian Islanh - San Marino Di Lido & Rivo Alto Islands BP-13C
Project Description- The ROW improvement project for the Venetian Islands is in the permitting
stage. The design consultant presents drainage improvements through swale reconfiguration; roadway re-
grading toward existing storm water inlets; and spot reconstruction of existing structures previously
coordinated with the project manager for the Miami-Dade County Venetian Causeway Project. The
County's project was to be designed to intercept most of the stormwater runoff that presently flows into
the side streets and causes flooding conditions in the immediate areas. The City's retained Engineer of
Record for this neighborhood improvement project is responsible for verifying that the City-defined
redesign plans will work in conjunction with the County's plans.
The basis of design report (Schwebke-Shiskin & Associates, 2010) indicates that improvements
include exfiltration trenches, control structures and rehabilitation of the existing outfalls for the San
Marino, Dilido, and Rivo Alto Islands.
Cost Allocated to Series 201 1 A Bonds: $2,0 16,120
Sunset Islands 1 & 2 ROW BP-8E
Project Description- The design of the Sunset Islands No. 1 and 2 stormwater improvements
(Chen Moore & Associates, 201 1) consists of a new collection and conveyance system with curb inlets
and 18-inch diameter pipes. Flow and pollution abatement is provided by 15 exfiltration trenches (five on
Island No. 1, ten on Island No. 2). The design proposes maintenance and identically sized replacements
for existing damaged outfalls.
Cost Allocated to Series 201 1A Bonds: $ 1,924,652
Drainage Improvements - North Bay Road & 56th Street
Project Description- This project is to be performed in coordination with the LaGorce ROW
project discussed below.
Cost Allocated to Series 20 1 1 A Bonds: $ 187,292
Sunset Harbor Pump Station Upgrades
Project Description- The location is serviced by existing gravity lines that convey stormwater to
two pressurized recharge wells with bypass structures to existing outfalls. Two gravity recharge wells are
also operational. The two pressurized (pumped) recharge wells are located at the northern and southern
ends of Maurice Gibb Memorial Park. The northern Gibb Park outfall has a tide-flex valve installed for
back flow prevention. The two gravity recharge wells are located west of the intersection of 20th Street
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PMB 423657.6
and West Avenue. While the project is under preliminary design, recommendations from the consultant
include additional capacity at the pressurized recharge wells, and replacement of the gravity recharge
wells with a pressurized recharge well system along 20th Street.
Cost Allocated to Series 201 1A Bonds: $ 520,000
LaGorce ROW
Project Description- The 1997 Stormwater Master Plan identified capital improvements for
LaGorce ROW. The CIP for LaGorce ROW is in the permitting process. The permitted design was based
off the 1997 Stormwater Master Plan Recommendations calling for approximately 681 linear feet of pipe
and 21 recharge wells.
Cost Allocated to Series 201 1A Bonds: $5,877,488
Drainage Hot Spots (4400 Middle N. Bay Road)
Project Description- The 201 1 SWMP presented a map of stormwater flood prone areas including
information on areas where numerous service work orders have been issued. This project includes the
construction, replacement and repair of existing stormwater lines, inclusive of stormwater system - ~
improvements near the 4400 block of North Bay Road.
Cost Allocated to Series 201 1A Bonds: $ 1,300,000
48" Ouifall at Easement 4180-4200 Chase
Project Description- The CIP project includes the construction of approximately eight recharge
wells in combination with the expansion of the existing 36-inch diameter outfall to 48-inches to meet
LOS. The project is currently being permitted.
Cost Allocated to Series 201 1A Bonds: $ 198,962
Sunset Islands 3 & 4 ROW BP-8D
Project Description- The 201 1 SWMP identified capital improvements for Sunset Islands 3 & 4.
The CIP for Sunset Islands 3 & 4 is under design. No improvements were identified in the 1997
Stormwater Master Plan. The full extent of capital improvements required is as follows:
Approximately 19 recharge wells; approximately four first flush inlets and 13 curb inlets with
improvements to the curb and gutter and sidewalk systems; approximately 600 linear feet of 3- x 5-feet
box culvert, and outfall upgrades of 15- to 18-inch diameter pipe.
Cost Allocated to Series 201 1A Bonds: $2,736,983
Palm & Hibiscus Islands
Project Description- The 1997 Stormwater Master Plan identified capital improvements for Palm
and Hibiscus Islands. The CIP for Palm and Hibiscus Islands is in the preliminary design process. The
basis of design was based off the 1997 Stormwater Master Plan Recommendations calling for
approximately 8,027 linear feet of pipe and 52 recharge wells.
Cost Allocated to Series 201 1A Bonds: $5,853,398
24
PMB 423657.6
Flamingo BPlOA/ Flamingo BPlOC/Bay Road Pump Station OutfalWest Avenue (Combined
Regional South Beach Solution)
Project Description- The 201 1 SWMP identified capital improvements for these project areas as
one combined regional solution. The CIP is under currently conceptual design. Funds allocated under the
Series 201 1A Bonds include fees for engineering and design services only. Future funding is required for
these projects to be constructed. The City has identified approximately $44M in additional funding
requirements for construction. These funds are anticipated to be part of the City's next scheduled
stormwater bond issue, estimated within the next five years.
Additional recommendations are included in the 201 1 SWMP, which include alternatives
providing expanded flood protection LOS for these project areas. Additional funding beyond the $44M in
construction costs identified by the City will be required based on the final accepted recommendation by
the City. This additional funding requirement varies from approximately $15M-$35M depending on the
alternative. The 2011 SWMP is currently under review by the City. Approval is required by the
Commission prior to construction of the solutions.
The extent of capital improvements required is as follows:
A combination of 15 first flush inlets curb inlets with improvements to the curb and gutter and - ~
sidewalk systems; treatment devices, 46 recharge wells, exfiltration storage, 21,200 linear feet of upsized
gravity pipes; 13 pump stations and a minimum of 15.5 acre-feet of storage facilities.
Cost Allocated to Series 201 1A Bonds: $2,103,464
The total cost of the Stormwater Utility projects included within the Capital Improvement
Program through FY 20 14 is $10 1,600,000. Of that amount, approximately $50,200,000 are expected to
be funded from proceeds of the Series 201 1A Bonds. The remainder of these costs, approximately
$5 1,400,000, designated for Stormwater Utility projects, is expected to be funded by Additional Bonds to
be issued within the next five years.
PMB 423657.6
CITY OF MIAMI BEACH, FLORIDA
STORMWATER UTILITY CAPITAL IMPROVEMENT PROGRAM AND FUNDING
FY 2010 - 2014
Citywide Stormwater Master Plan
Nautilus Neighborhood Improvements
Normandy Isle Neighborhood
Improvements
Normandy Shores Neighborhood
Improvement
Seawall-Lincoln Road Streetend W
Drainage Improv W 44 St & Royal
Palm
Belle Isle Outfall Pipes Replacement
Oceanfront Neighborhood
Improvements
ROW Improvements on Prairie Avenue
Star Island Enhancements
Biscayne Point Neighborhood
Improvements
Bayshore Neighborhood - Bid Pack B
Bayshore Neighborhood - Bid Pack A
Bayshore Neighborhood - Bid Pack C
Venetian Neigh - Venetian Islands
Bayshore Neigh Sunset Isl 1 & 2 BPE
Drainage Improv- North Bay & 56 St
Sunset Harbor Pump Station Upgrades
LaGorce Neighborhood Improvements
Drainage Hot Spots
4400 Middle North Bay Road
48" Outfall at Easement 4 180-4200
Chase
Bayshore Neighborhood - Bid Pack D
Palm & Hibiscus Island Enhancement
Bay Road Pump Station Outfall
Flamingo Neighborhood - Bid Pack A
Flamingo Neighborhood - Bid Pack C
West AvenueIBay Road Improvements
Total Improvements $92,191 $50,117,78 1 $50,209,972
Source of Funding
Series 20 1 1 A Bonds $92,191 $50,117,781 $50,209,972
Proceeds and Investment Earnings
Cash Reserves 1 Current Revenues
Total Funding $92,191 $50,117,781 $50,209,972
Source: City of Miami Beach, Florida
PMB 423657.6
Governmental Regulation
The Stormwater Utility is subject to federal, state and local regulation.
Federal.
US. Environmental Protection Agency ("EPA'Y. The EPA was mandated by the U.S. Congress
through Section 405 of the Water Quality Act of 1987 to promulgate an NPDES permitting program for
municipal stormwater discharges. As it has done with many states, the EPA has delegated the NPDES
permitting authority to FDEP.
Federal Emergency Management Agency ("FEMA '7). FEMA's mission is to support citizens and
first responders to ensure that as a nation we work together to build, sustain, and improve our capability to
prepare for, protect against, respond to, recover from, and mitigate all hazards. The Robert T. Stafford
Disaster Relief and Emergency Assistance Act, PL 100- 707, signed into law November 23, 1988;
amended the Disaster Relief Act of 1974, PL 93-288. This act constitutes the statutory authority for most
federal disaster response activities.
FEMA regulates riverine (stormwater) and coastal (tidal) floodplains and floodways under the
National Flood Insurance Program (NFIP). Camp Dresser & McKee Inc. used tools developed by FEMA
to identify and quantify flood risks, including FISs, FIRMS, and the HAZUS tool coupled with the models
of the City's primary stormwater management system to estimate structural and economic damage costs
from the 2- through 100-year design storm events.
The coordination with FEMA allows for the support of flood map revisions and communication
of economic impacts in a manner recognized by the Federal government for cost-benefit comparisons.
United States Army Corps of Engineers ("USACE'Y). The USACE is the primary federal agency
that develops guidance parameters for civil infrastructure design consideration for projects impacting
environmentally sensitive water and Outstanding Florida Water (OFW), like Biscayne Bay.
A nationwide permit from the USACE is required when up to one-half acre of waters of the
United States (e.g. Biscayne Bay or its tributary canals) are impacted, provided that original grades are
restored to the site after completion of construction.
Under the USACE's nationwide permit program a pre-construction notification submittal is
required. The Regional Conditions and General Condition for the nationwide permit require that the pre-
construction notification include the following information:
A map of the entire corridor including a delineation of all wetlands and waters of the United
States within the corridor.
An alternative analysis which addresses the selection of an alignment which avoids and
minimizes wetland impacts to the maximum extent practicable.
For all submerged utility lines across navigable waters of the United States, a location map
and cross-sectional view showing the utility line crossing from bank to bank is required. In
addition, the location and depth of the Federal Project Channel shall be shown in relation to
the proposed utility line. In general, all utility lines shall be buried at least 6 feet below the
authorized bottom depth of the Federal project channel and at least 3 feet below the bottom
depth in all subaqueous areas.
PMB 423657.6
A delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g.,
submerged aquatic vegetation, seagrass beds). This work must be conducted between April 1
through September 30 due to the growth season of aquatic vegetation.
In general, permitting coordination with USACE is required when modifications to stormwater
outfalls or seawalls result in impacts to OFW, as previously discussed. More localized impacts are
permitted at the State and local level.
Florida Department of Environmental Protection ("FDEP '7). FDEP regulates environmental
programs in the State of Florida and has been delegated for NPDES MS4 permit authority; therefore, it is
responsible for implementing the stormwater element of the federal NPDES as part of the Public Works
Department's Wastewater Facility and Activities Permitting program. The stormwater element of the
NPDES program is mandated by the Clean Water Act (CWA) Section 402(p). Authorized by Section
403.0885, Florida Statutes (F.S.), the Public Works Department's federally approved NPDES stormwater
program is set out in various provisions within Chapters 62-4, 62-620, 62-621 and 62-624 of the Florida
Administrative Code (F.A.C.). Chapter 62-624, F.A.C. specifically addresses MS4s permit requirements.
The City is one of the 33 entities authorized for stormwater discharge under the comprehensive
Miami-Dade County NPDES MS4 permit (Permit Number FLS000003-003). The City is authorized to
discharge to waters of the state per the approved Stormwater Management Programs ("SWPs"), effluent
limitations, monitoring requirements, and other provisions as set forth in this permit. The City has
actively been fulfilling the requirements of the permit related to their existing outfalls. These efforts are
documented in annual reports submitted by the City to the FDEP.
FDEP also regulates underground injection control permits for wells (gravity recharge wells and
pumped injection wells).
The current NPDES permit expires in -.
South Florida Water Management District ("SFWMD'Y. The SFWD has responsibilities for
stormwater management under F.A.C. Chapters 40E-4, 40E-40 and 40E-400 through issuance of an
Environmental Resource Permit (ERP). SFWMD also regulates the surface water under F.A.C. Chapters
40E-40 and 40E-41. In addition, its responsibilities include regulation of dredge and fill activities. Since
SFWMD has jurisdiction, their criteria and standards will be used as guidelines for conceptual planning of
both water quality and quantity improvements. These guidelines are provided in the South Florida Water
Management District ERP Information Manual Volume IV (20 10).
Local.
For any stormwater project the City undertakes, there may be as many as 4 permits required. The
permitting process begins with Miami-Dade County Department of Environmental Resources
Management ("DERM). Any modifications to the existing system (with some exception) require an
Environmental Resource Permit ("ERP") to be issued from DERM. Additionally, if the stormwater
improvements are connected to a positive outfall (a pipe that discharges water into a navigable surface
water body) DERM must also issue a Class I1 Permit. The Class I1 Permit is issued from the same permit
application package and requires a higher level of review on water quality issues and a permit fee based
on a percentage of construction cost. If the proposed improvements contain drainage wells as a method
for stormwater disposal or treatment, the plans and calculations must also be submitted to the FDEP in
West Palm Beach. The plans are reviewed by the Underground Injection Control ("UIC") Division to
2 8
PMB 423657.6
evaluate the project's impact on groundwater quality. Finally, if the plans are approved, the drilling
contractor must apply for a Well Construction Permit from the South Florida Water Management District.
[Status of Well Permits? Status of Project Permits?]
Rates, Fees and Char~es
The Stormwater Utility's current rate is $9.06 per month per Equivalent Residential Unit
("ERU"). The ERU is the estimated average horizontal impervious area of residential developed property
per dwelling unit. This estimated average is calculated by dividing the total estimated impervious area of
four residential categories (single family, mobile home, multi-family and condominium) by the estimated
total number of dwelling units. For the City, one ERU is equal to 791 square feet. For the purpose of the
Stormwater Utility, the minimum number of ERUs per dwelling unit is one.
The City had maintained a steady Equivalent Residential Unit (ERU) rate from 2003 to 2008 of
$5.80 per month. In recent years the City has been facing significant increases in expenditures for
construction of projects, as well as operation and maintenance of the current infrastructure. As a result, in
2008, the Consulting Engineers provided recommendations to support proper funding and debt service to
expand, operate and maintain the system, through a series of utility rate adjustments, which resulted in the
current ERU rate of $9.06 per month. The fee is structured as a flat rate for all residential customers.
The City has a policy of operating the Rate Stabilization Account to t~ansfer into operations
annually sufficient amounts to generate debt service coverage of at least 120 percent, and to subsequently
transfer out from operations to such account any excess amounts not required to meet annual cash needs.
Billinp and Collection
A Stormwater Utility fee is assessed against each property in the City based on existing City
utility accounts, application for service, and Miami-Dade County Tax Assessor property information or
other ownership records. Each account is assigned a number of ERUs that are used to determine the
Stormwater Utility fee.
To receive water, sewer, and stormwater services from the City, property owners fill out an
Application for Water Service at the City's Finance Department and pay a deposit according to an
established schedule. The Finance Department is responsible for preparing and issuing one itemized bill
for water, sewer, stormwater, and garbage disposal (except for commercial accounts) services provided by
the City. Those services are billed on a monthly basis.
Stormwater Utility fees for properties within the City that meet one of the following criteria may
be reduced by SO percent:
1. The property is subject to a valid NPDES permit.
2. The property is served by a private disposal system meeting State, County, and City
criteria.
3. A portion of the property is served by a private disposal system meeting State, County,
and City criteria. The fee reduction only applies to that portion of the property.
The fees collected by the City with respect to the Stormwater Utility, including investment
earnings are deposited in the Enterprise Fund and used for planning, constructing, financing, and
29
PMB 423657.6
operating and maintaining the Stormwater Utility and the infrastructure of the stormwater management
system. The Enterprise Fund tracks the operations, capital expenditures, and revenues of the Stormwater
Utility.
The City has streamlined and improved the system that was in place to capture ERU changes in
the review and approval of construction plans. The resulting method enhances communication and
coordination of the several departments included in the process such as Public Works, OBPI and Finance.
DEBT SERVICE SCHEDULE
The table below shows the debt service payable on the Outstanding Bonds.
Total Debt
Total Debt Service Total Debt Service Service*
Fiscal Year Requirements on Series 20 1 1 Series 201 1 Requirements on Requirements on
Ended the Series 2009 Bonds Bonds the Series 201 1 all Outstanding
September 30 Bonds Principal Interest Bonds Bonds
2012
2013
2014
2015
2016
2017
2018
2019
2020
202 1
2022
2023
2024
2025
2026
2027
2028
2029
2030
TOTAL
* Assumes defeasance of the Outstanding Series 2000 Bonds.
PMB 423657.6
HISTORICAL AND FORECASTED SCHEDULE OF NET REVENUE, DEBT SERVICE AND DEBT COVERAGE The information in the following table sets forth the historical and forecasted revenues, expenditures and debt service coverage of the Stormwater Utility, with necessary adjustments in stormwater rates to meet the additional bonds test. The following tables must be read in conjunction with the report prepared by the Consulting Engineers, attached hereto as Appendix B. FY 2006 FY 2007 FY 2008 Revenues Operating $ 7,439,137 $ 7,395,596 $ 7,111,837 NonOperating 1,376 742 Investment Earnings (a) 2.143.943 2,852.572 1.381.234 Total Revenues 9,584,456 10,248,9 10 8,493,07 1 Actual Projected Unaudited 9 months ended Budgeted Budgeted FY 2009 FY 2010 6/30/11 FY 2011 FY 2012 FY 2013 FY 2014 (d) FY 2015 (d) FY 2016 (d) Total Operating Expenses (b) 1,967,094 2,457,949 3,189,531 2,875,115 2,716,689 2,197,871 3,675,218 4,535,167 4,671,200 4,811,500 4,955,800 5,104,300 Net Revenues (c) 7,6 17,362 7.790,96 1 5.303.540 7.134.733 8,714,991 6,393.910 7,713.225 7.109.801 6,906,725 10.032.425 11,144,125 11.138.625 Principal and Interest Payments 3,570,996 3,571,221 3,569,421 3,569,511 2,862,145 1,321,604 2,066,859 5,170,755 5,754,499 8,360,726 9,286,551 9,282,315 -I Debt Coverage of Historical and Projected Principal and Interest Requirements 2.13 2.18 1.49 2.00 3.04 4.84(e) 3.73 1.38 Funds Available for Subordinated DebtIAdmin FeelTransfers 4,046,366 4,219,740 1,734,119 3,565,222 5,852,846 5,072,306 5,646,366 1,939,046 1,152,226 1,671,699 1,857,574 1,856,310 Annual Subordinated Debt Service Administration Fees 264,500 264,500 264,500 264,500 601,906 232,349 309,799 480,677 495,100 5 10,000 525,300 541,100 Transfers Out 589.158 589,158 589.158 589.158 589.158 44 1.869 584.000 1.359.4 1 1 149,926 639.299 794.174 761.010 Funds Available After Subordinated Deb4 Admin Fee, & Transfers Out $3-192.708 $3.366.082 $ 880. 7$98.959$507.200$522.400~ 461 $2:711.564 $4.661.782 $4,398988 $4.752.56 a) Unrelated to Construction Fund. b) Excludes amortization, depreciation and administration fees. c) Shows actual Stormwater revenue collections for FY 2006 - 2010 and 9 months ending 6130111, unaudited. Fiscal Year ends 913011 1 3 1 PMB 423657.6
d) It is projected that a 29% increase in the stormwater utility fee, to $-per month per ERU, would be necessary to meet the minimum 110% debt service coverage requirement for the additional bonds test in FY 2014. Additional increases of 1.0 percent annually is required in subsequent years. e) Represents Principal and Interest Payments through June 30,201 1, but does not include September 1,201 1 debt service of $721,066. PMB 423657.6
The following table shows the anticipated debt service coverage of the Stormwater Utility based
on the actual results from the 12 months ended June 30, 201 1, unaudited, and based on the projected
Maximum Principal and Interest Requirements for all Bonds outstanding upon the issuance of the Series
201 1 Bonds calculated in accordance with the requirements for Additional Bonds under the Bond
Resolution. The following tables must be read in conjunction with the report prepared by the Consulting
Engineers, attached hereto as Appendix B.
Unaudited 12 months
ended 613011 1
Revenues
Operating
NonOperating
Investment Earnings (a)
Total Revenues
Total Operating Expenses (b) 2,998,976
Net Revenues (c) 8.504.1 73
Maximum Principal and Interest Requirements (d) 6,835,500
Debt Coverage of Maximum Principal and lnterest
Requirements (e)
Funds Available for Subordinated DebtIAdmin
Fee~Transfers
Annual Subordinated Debt Service
Administration Fees
Transfers Out
Funds Available After Subordinated Debt, Admin
Fee, & Transfers Out L&L&LL@
a) Unrelated to Construction Fund.
b) Excludes amortization, depreciation and administration fees.
c) Shows revenue collections for the 12 months ended June 30,201 1, unaudited.
d) Maximum Principal and Interest Requirements for the Series 2009 Bonds and
the Series 201 1 Bonds are expected to occur in FY 20, at an assumed
interest rate of % for the Ser~es 201 1 Bonds.
e) Revenue Bond Debt Coverage Requirement: 1.10
RISK FACTORS
The City's ability to derive Net Revenues from its operation of the Stormwater Utility in amounts
sufficient to pay debt service on the Series 201 1 Bonds depends upon many factors, many of which are
not subject to the control of the City. Described below are certain factors that could affect future
operations of the Stormwater Utility and certain related matters.
Capital Improvement Requirements
A significant number of capital improvements to the City could be required in order for the
Stormwater Utility to continue to comply with environmental and other regulatory requirements. The
total cost of the Stormwater Utility projects included within the Capital Improvement Program through
FY 20 14 is $101,600,000. Of that amount, approximately $50,200,000 is expected to be fknded from
proceeds of the Series 201 1A Bonds. The remainder of these projected costs are expected to be funded
by approximately $51,400,000 of Additional Bonds, designated for Stormwater Utility projects, to be
issued within the next five years. In the event the City determines to finance capital improvements
through the issuance of Additional Bonds, such debt must be approved by the Commission and meet the
3 3
PMB 423657.6
Additional Bonds test under the Bond Resolution. Principal and interest on such debt would increase debt
service costs to the City and could result in lower debt service coverage or insufficient Net Revenues to
pay such increased debt service costs. Rate increases will be required to meet such additional debt
service costs.
Regulatory Risks
The City is subject to numerous federal and State regulatory requirements. Those regulations are
subject to change at any time. The City currently is in compliance with the requirements of the Clean
Water Act and other applicable federal and State laws, except to the extent such non-compliance would
not have a material adverse effect on the City. The City believes that the Capital Improvement Program
budget and other available moneys provide the City with funds in a reasonable amount to meet existing
and projected federal or state water quality requirements. Should any additional regulations applicable to
the operation and maintenance of the City become effective in the future, the City will be required to take
action to comply with them as required by law or regulation.
Impact of Growth Rates on Net Revenues
The Report of Consulting Engineers set forth in Appendix B has assumed that an average ERU
growth rate of % per year will continue through the periods presented. New ERUs are added to the
territory of the City due to residential, commercial and industrial development of parcels that are currently
unimproved. In addition, the City continues to refine the master billing list to properly identify existing
improved parcels. Any failure to realize the projected growth in ERUs could negatively impact the
availability of Net Revenues to pay debt service on the Series 201 1 Bonds, and could ultimately
negatively impact the ability of the City to pay debt service on the Series 201 1 Bonds.
Forward-Looking Statements
This Official Statement and its appendices, including "APPENDIX B-Report of Consulting
Engineers," contain statements, which to the extent they are not recitations of historical fact, constitute
"forward-looking statements." In this respect, the words "estimate," "project," "anticipate," "expect,"
"intend," "belief," and similar expressions are intended to identify forward-looking statements. Such
statements may be subject to risks and uncertainties that could cause actual results to differ materially
from those contemplated in such forward-looking statements.
LITIGATION
There is no litigation or controversy of any nature now pending for which the City has received
service of process or, to the actual knowledge of the City Attorney, threatened against the City which, in
the opinion of the City Attorney, will have a material adverse effect upon the financial condition or the
operations of the Stormwater Utility or the City.
TAX MATTERS
In the opinion of Squire, Sanders & Dempsey (US) LLP, Bond Counsel, under existing law: (i)
interest on the Series 201 1 Bonds is excluded from gross income for federal income tax purposes under
Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), and is not an item of tax
preference for purposes of the federal alternative minimum tax imposed on individuals and corporations;
and (ii) the Series 201 1 Bonds and the income thereon are exempt from taxation under the laws of the
State of Florida, except estate taxes imposed by Chapter 198, Florida Statutes, as amended, and net
PMB 423657.6
income and franchise taxes imposed by Chapter 220, Florida Statutes, as amended. Bond Counsel
expresses no opinion as to any other tax consequences regarding the Series 201 1 Bonds.
The opinion on tax matters will be based on and will assume the accuracy of certain
representations and certifications, and continuing compliance with certain covenants, of the City
contained in the transcript of proceedings and that are intended to evidence and assure the foregoing,
including that the Series 201 1 Bonds are and will remain obligations the interest on which is excluded
from gross income for federal income tax purposes. Bond Counsel will not independently verify the
accuracy of the City's representations and certifications or the continuing compliance with the City's
covenants.
The opinion of Bond Counsel is based on current legal authority and covers certain matters not
directly addressed by such authority. It represents Bond Counsel's legal judgment as to exclusion of
interest on the Series 201 1 Bonds from gross income for federal income tax purposes but is not a guaranty
of that conclusion. The opinion is not binding on the Internal Revenue Service ("IRS") or any court.
Bond Counsel expresses no opinion about (i) the effect of future changes in the Code and the applicable
regulations under the Code or (ii) the interpretation and the enforcement of the Code or those regulations
by the IRS.
The Code prescribes a number of qualifications and conditions for the interest on state and local
government obligations to be and to remain excluded from gross income for federal income tax purposes,
some of which require future or continued compliance after issuance of the obligations. Noncompliance
with these requirements by the City may cause loss of such status and result in the interest on the Series
201 1 Bonds being included in gross income for federal income tax purposes retroactively to the date of
issuance of the Series 201 1 Bonds. The City has covenanted to take the actions required of it for the
interest on the Series 201 1 Bonds to be and to remain excluded from gross income for federal income tax
purposes, and not to take any actions that would adversely affect that exclusion. After the date of
issuance of the Series 201 1 Bonds, Bond Counsel will not undertake to determine (or to so inform any
person) whether any actions taken or not taken, or any events occurring or not occurring, or any other
matters coming to Bond Counsel's attention, may adversely affect the exclusion from gross income for
federal income tax purposes of interest on the Series 20 1 1 Bonds or the market value of the Series 201 1
Bonds.
A portion of the interest on the Series 201 1 Bonds earned by certain corporations may be subject
to a federal corporate alternative minimum tax. In addition, interest on the Series 201 1 Bonds may be
subject to a federal branch profits tax imposed on certain foreign corporations doing business in the
United States and to a federal tax imposed on excess net passive income of certain S corporations. Under
the Code, the exclusion of interest from gross income for federal income tax purposes may have certain
adverse federal income tax consequences on items of income, deduction or credit for certain taxpayers,
including financial institutions, certain insurance companies, recipients of Social Security and Railroad
Retirement benefits, those that are deemed to incur or continue indebtedness to acquire or carry tax-
exempt obligations, and individuals otherwise eligible for the earned income tax credit. The applicability
and extent of these and other tax consequences will depend upon the particular tax status or other tax
items of the owner of the Series 201 1 Bonds. Bond Counsel will express no opinion regarding those
consequences.
Payments of interest on tax-exempt obligations, including the Series 201 1 Bonds, are generally
subject to IRS Form 1099-NT information reporting requirements. If a Series 201 1 Bond owner is
subject to backup withholding under those requirements, then payments of interest will also be subject to
backup withholding. Those requirements do not affect the exclusion of such interest from gross income
for federal income tax purposes.
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Legislation affecting tax-exempt obligations is regularly considered by the United States
Congress and may also be considered by the State legislature. Court proceedings may also be filed the
outcome of which could modify the tax treatment of obligations such as the Bonds. There can be no
assurance that legislation enacted or proposed, or actions by a court, after the date of issuance of the
Bonds will not have an adverse effect on the tax status of interest on the Series 201 1 Bonds or the market
value of the Series 201 1 Bonds. These adverse effects could result, for example, from changes to federal
or state income tax rates, changes in the structure of federal or state income taxes (including replacement
with another type of tax), or repeal (or reduction in the benefit) of the exclusion of interest on the Series
201 1 Bonds from gross income for federal or state income tax purposes for all or certain taxpayers.
For example, on September 12, 201 1, President Obama's administration announced a legislative
proposal it called the American Jobs Act that could, among other things, result in additional federal
income tax for tax years beginning after 2012 on taxpayers that own tax-exempt bonds, including the
Series 201 1 Bonds, if they have incomes above certain thresholds.
Prospective purchasers of the Series 201 1 Bonds should consult their own tax advisers regarding
pending or proposed federal and state tax legislation and court proceedings, and prospective purchasers of
the Series 201 1 Bonds at other than their original issuance at the respective prices indicated on the inside
cover of this Official Statement should also consult their own tax advisers regarding other tax
considerations such as the consequences of market discount, as to all of which Bond Counsel expresses
no opinion.
Bond Counsel's engagement with respect to the Series 201 1 Bonds ends with the issuance of the
Series 201 1 Bonds, and, unless separately engaged, Bond Counsel is not obligated to defend the City or
the owners of the Series 201 1 Bonds regarding the tax status of interest thereon in the event of an audit
examination by the IRS. The IRS has a program to audit tax-exempt obligations to determine whether the
interest thereon is includible in gross income for federal income tax purposes. If the IRS does audit the
Series 201 1 Bonds, under current IRS procedures, the IRS will treat the City as the taxpayer and the
beneficial owners of the Series 201 1 Bonds will have only limited rights, if any, to obtain and participate
in judicial review of such audit. Any action of the IRS, including but not limited to selection of the Series
201 1 Bonds for audit, or the course or result of such audit, or an audit of other obligations presenting
similar tax issues, may affect the market value of the Series 201 1 Bonds.
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Original Issue Discount and Premium
Certain of the Series 201 1 Bonds ("Discount Series 201 1 Bonds") as indicated on the cover of
this Official Statement were offered and sold to the public at an original issue discount ("OID"). OID is
the excess of the stated redemption price at maturity (the principal amount) over the "issue price" of a
Discount Series 201 1 Bond. The issue price of a Discount Series 201 1 Bond is the initial offering price to
the public (other than to bond houses, brokers or similar persons acting in the capacity of underwriters or
wholesalers) at which a substantial amount of the Discount Series 201 1 Bonds of the same maturity is
sold pursuant to that offering. For federal income tax purposes, OID accrues to the owner of a Discount
Series 201 1 Bond over the period to maturity based on the constant yield method, compounded
semiannually (or over a shorter permitted compounding interval selected by the owner). The portion of
OID that accrues during the period of ownership of a Discount Series 201 1 Bond (i) is interest excluded
from the owner's gross income for federal income tax purposes to the same extent, and subject to the .
same considerations discussed above, as other interest on the Bonds, and (ii) is added to the owner's tax
basis for purposes of determining gain or loss on the maturity, redemption, prior sale or other disposition
of that Discount Series 201 1 Bond. A purchaser of a Discount Series 201 1 Bond in the initial public
offering at the price for that Discount Series 201 1 Bond stated on the inside cover of this Official
Statement who holds that Discount Series 201 1 Bond to maturity will realize no gain or loss upon the
retirement of that Discount Series 201 1 Bond.
Certain of the Series 201 1 Bonds ("Premium Series 201 1 Bonds") as indicated on the cover of
this Official Statement were offered and sold to the public at a price in excess of their stated redemption
price (the principal amount) at maturity. That excess constitutes bond premium. For federal income tax
purposes, bond premium is amortized over the period to maturity of a Premium Series 201 1 Bond, based
on the yield to maturity of that Premium Series 201 1 Bond (or, in the case of a Premium Series 201 1
Bond callable prior to its stated maturity, the amortization period and yield may be required to be
determined on the basis of an earlier call date that results in the lowest yield on that Premium Series 201 1
Bond), compounded semiannually. No portion of that bond premium is deductible by the owner of a
Premium Series 201 1 Bond. For purposes of determining the owner's gain or loss on the sale, redemption
(including redemption at maturity) or other disposition of a Premium Series 201 1 Bond, the owner's tax
basis in the Premium Series 201 1 Bond is reduced by the amount of bond premium that is amortized
during the period of ownership. As a result, an owner may realize taxable gain for federal income tax
purposes from the sale or other disposition of a Premium Series 201 1 Bond for an amount equal to or less
than the amount paid by the owner for that Premium Series 201 1 Bond. A purchaser of a Premium Series
201 1 Bond in the initial public offering at the price for that Premium Series 201 1 Bond stated on the
inside cover of this Official Statement who holds that Premium Series 20 1 1 Bond to maturity (or, in the
case of a callable Premium Series 201 1 Bond, to its earlier call date that results in the lowest yield on that
Premium Series 201 1 Bond) will realize no gain or loss upon the retirement of that Premium Series 201 1
Bond.
Owners of Discount Series 2011 Bonds and Premium Series 2011 Bonds should consult their
own tax advisers as to the determination for federal income tax purposes of the amount of OID or bond
premium properly accruable or amortizable in any period with respect to the Discount Series 2011
Bonds or Premium Series 2011 Bonds and as to other federal tax consequences and the treatment of
OID and bond premium for purposes of state and local taxes on, or based on, income.
EXPERTS
The references herein to the Report of Camp Dresser & McKee Inc., as the Consulting Engineers
have been approved by said firm, but do not purport to be complete in all respects, and the Report of the
Consulting Engineers, included as Appendix B to this Official Statement, should be read in its entirety for
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complete information with respect to the subjects discussed therein. The Report of the Consulting
Engineers has been included in this Official Statement in reliance upon and with the authorization of said
firm as expert in such fields.
UNDERWRITING
The Series 201 1 Bonds are being purchased by the Underwriters, subject to certain terms and
conditions set forth in the purchase contract between the City and the Underwriters, including the delivery
of opinions on certain legal matters relating to the issuance of the Series 201 1 Bonds by Bond Counsel
and the existence of no material adverse change in the condition of the City or the Stormwater Utility
fiom that set forth in the Official Statement.
The Series 201 1A Bonds are being purchased at a purchase price of $ (representing
$ in aggregate principal amount of $ less underwriters' discount of
$ and [less/plus] net [original issue discount/premium] of $ ). The Series
201 1B Bonds are being purchased at a purchase price of $ (representing $ in
aggregate principal amount of $ less underwriters' discount of $ and
[less/plus] net [original issue discount/premium] of $ ). The Series 201 1 Bonds are
offered for sale to the public at the prices or yields set forth on the inside cover page of this Official
Statement. The Series 201 1 Bonds may be offered and sold to certain dealers at prices lower than such
offering prices, and such public offering prices may be changed from time to time by the Underwriters.
J.P. Morgan Securities LLC ("JPMS"), one of the Underwriters of the Series 201 1 Bonds, has
entered into negotiated dealer agreements (each, a "Dealer Agreement") with each of UBS Financial
Services Inc. ("UBSFS") and Charles Schwab & Co., Inc. ("CS&Co.") for the retail distribution of certain
securities offerings, [including the Series 201 1 Bonds,] at the original issue prices. Pursuant to each
Dealer Agreement (if applicable to this transaction), each of UBSFS and CS&Co. will purchase Series
201 1 Bonds fiom JPMS at the original issue price less a negotiated portion of the selling concession
applicable to any Series 201 1 Bonds that such firm sells.
Morgan Stanley, parent company of Morgan Stanley & Co. LLC , an Underwriter of the Series
201 1 Bonds, has entered into a retail brokerage joint venture with Citigroup Inc. As part of the joint
venture, Morgan Stanley & Co. LLC will distribute municipal securities to retail investors through the
financial advisor network of a new broker-dealer, Morgan Stanley Smith Barney LLC. This distribution
arrangement became effective on June 1,2009. As part of this arrangement, Morgan Stanley & Co. LLC
will compensate Morgan Stanley Smith Barney LLC for its selling efforts with respect to the Series 201 1
Bonds.
FINANCIAL STATEMENTS
The financial statements of the City for the year ended September 30, 2010 included as
Appendix C to this Official Statement have been audited by McGladrey & Pullen, LLP, independent
auditors, whose report made reference to the audit of other auditors, as stated in their report appearing in
Appendix C.
VERIFICATION OF MATHEMATICAL COMPUTATIONS
The arithmetical accuracy of certain computations included in the schedules provided by the
Financial Advisor on behalf of the City relating to the forecasted receipts of principal and interest on the
Escrow Securities to pay the principal and interest on the Bonds to be Rehnded to their redemption date,
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was examined by Causey Demgen & Moore Inc. Such computations were based solely upon assumptions
and information supplied by the Financial Advisor on behalf of the City.
FINANCIAL ADVISOR
RBC Capital Markets, LLC, Miami, Florida is serving as Financial Advisor to the City and has
acted in such capacity with respect to the sale and issuance of the Series 201 1 Bonds. The Financial
Advisor assisted in the preparation of this Official Statement and in other matters relating to the planning,
structuring and issuance of the Series 201 1 Bonds. RBC Capital Markets, LLC did not engage in any
underwriting activities with regard to the issuance and sale of the Series 201 1 Bonds. The Financial
Advisor is not obligated to undertake and has not undertaken to make an independent verification or to
assume responsibility for the accuracy, completeness or fairness of the information contained in this
Official Statement and is not obligated to review or ensure compliance with the undertaking by the City to
provide continuing secondary market disclosure.
RATINGS
Moody's Investors Service, Inc. and Standard & Poor's Ratings Services have assigned ratings of
bc " with a " outlook" and "" with a " outlook," respectively, to the Series
2011 Bonds. Such ratings reflect only the views of such rating agencies and an explanation of the -.
significance of such ratings may be obtained from such rating agencies. There is no assurance that such
ratings given to the Series 201 1 ~onds will be maintained for any period of time or that the ratings may
not be lowered or withdrawn entirely by such rating agencies if, in their judgment, circumstances so
warrant. Any such downward change or withdrawal of such ratings may have an adverse effect on the
market price of the Series 201 1 Bonds.
LEGAL MATTERS
Certain legal matters incident to the issuance of the Series 201 1 Bonds are subject to the legal
opinion of Squire, Sanders & Dempsey (US) LLP, Miami, Florida, Bond Counsel, whose legal opinion
will be available at the time of delivery of the Series 201 1 Bonds. The proposed form of such opinion is .
attached hereto as Appendix F. Certain legal matters will be passed upon for the City by Jose Smith, City
Attorney. Certain legal matters will be passed upon for the Underwriters by Edwards Wildman Palmer
LLP, West Palm Beach, Florida, Counsel to the Underwriters.
The actual legal opinion to be delivered by Bond Counsel may vary from the text of Appendix F,
if necessary, to reflect facts and law on the date of delivery of the Series 201 1 Bonds. The opinion will
speak only as of its date and subsequent distribution of it by recirculation of this Official Statement or
otherwise shall not create any implication that subsequent to the date of the opinion of Bond Counsel has
affirmed its opinion.
The legal opinion of Bond Counsel will be limited to the matters stated therein and will make no
statement regarding the accuracy and completeness of this Official Statement.
The legal opinion of Bound Counsel is based on existing law, which is subject to change. Such
opinion is further based on factual representations made to Bond Counsel as of the date thereof. Bond
Counsel assumes no duty to update or supplement its opinion to reflect any facts or circumstances,
including changes in law that may thereafter occur or become effective.
The legal opinions to be delivered concurrently with the delivery of the Series 201 1 Bonds
express the professional judgment of the attorneys rendering the opinions regarding the legal issues
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expressly addressed therein. By rendering a legal opinion, the attorneys providing such opinion do not
become insurers or guarantors of the result indicated by that expression of professional judgment, of the
transaction on which the opinion is rendered, or of the future performance of parties to the transaction.
Nor does the rendering of an opinion guarantee the outcome of any legal dispute that may arise out of the
transaction.
CONTINUING DISCLOSURE
The City will covenant for the benefit of the holders of the Series 201 1 Bonds to provide certain
financial information and operating data relating to the Stormwater Utility not later than 240 days
following the end of each Fiscal Year ending on or after September 30, 201 1 (the "Annual Report"), and
to provide, or cause to be provided, notices of the occurrence of certain enumerated events. The Annual
Report and notices of events will be filed with the Municipal Securities Rulemaking Board. Digital
Assurance Certification, L.L.C. will act as disclosure dissemination agent for the City. The specific
nature of the information to be contained in the Annual Report and the notices of events is contained in
"APPENDIX E - Form of Disclosure Dissemination Agent Agreement." These covenants have been
made in order to assist the Underwriters in complying with SEC Rule 15~2-12(b)(5).
During the past five years, the City has complied in all material respects with its existing
undertakings pursuant to SEC Rule 15c2- 12(b)(5). -.
CONTINGENT FEES
The City has retained Bond Counsel and the Financial Advisor in connection with the issuance of
the Series 201 1 Bonds. Payment of the fees of such professionals and the fees of Underwriters and their
counsel are each contingent upon the issuance of the Series 201 1 Bonds.
DISCLOSURE PURSUANT TO SECTION 517.051, FLORIDA STATUTES
Florida law requires the City to disclose each and every default as to the payment of principal and
interest with respect to obligations issued by the City after December 3 1, 1975. Florida law further
provides, however, that if the City in good faith believes that such disclosures would not be considered
material by a reasonable investor, such disclosures may be omitted. The City has not defaulted on the
payment of principal or interest with respect to obligations issued by the City after December 3 1, 1975.
MISCELLANEOUS
All of the summaries or portions of the Bond Resolution and the Stormwater Utility's operating
records are made subject to all of the detailed provisions of such documents, to which reference is hereby
made for further information. The foregoing summaries do not purport to be complete statements of any
of the provisions of such documents.
CERTIFICATE CONCERNING THE OFFICIAL STATEMENT
Concurrently with the delivery of the Series 201 1 Bonds, the City will furnish a certificate of its
Mayor and City Manager to the effect that, to the best of their knowledge, this Official Statement as of its
date and as of the date of the delivery of the Series 201 1 Bonds, does not contain an untrue statement of a
material fact and does not omit any material fact which should be included therein for the purpose for
which the Official Statement is to be used, or which is necessary to make the statements contained
therein, in light of the circumstances under which they were made, not misleading.
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This Official Statement has been duly executed and delivered by the Mayor and the City Manager
of the City of Miami Beach, Florida.
CITY OF MIAMI BEACH, FLORIDA
By:
Mayor
By:
City Manager
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APPENDIX A
GENERAL INFORMATION REGARDING
THE CITY OF MIAMl BEACH
AND MIAMI-DADE COUNTY, FLORIDA
The following information pertaining to the City of Miami Beach, Florida (the "City") and
Miami-Dade County, Florida (the "County") is set forth for purposes of background only. The Series
201 1 Bonds are payable only from the Pledged Revenues of the Stormwater Utility of the City, as
described in this Official Statement. The Series 201 1 Bonds do not constitute a debt, liability or
obligation or a pledge of the faith, credit or taxing power of the City, County, the State of Florida, or any
political subdivision thereof.
INTRODUCTION
The City comprises seven square miles of land area and ten square miles of Biscayne Bay. The
climate is tropical with an average annual temperature of 75 degrees Fahrenheit, 24 degrees Celsius. The
City is the home of the Art Deco Historic District, consisting of one of the greatest concentrations of this - .
style of architecture in the United States. Within this Historic District is the world famous Ocean Drive,
which has been called the "Riviera" of Florida. The economy of the area is based on tourism. For fiscal
year 2010, room rents, food and beverage sales accounted for an estimated $1.8 billion in sales within the
City. The population demographics of the City have drastically changed over the last thirty years. In the
1980 Census, the average age of the population was 65.3 years old. In the 2000 Census the average age
had declined to 43.7 years old and the 2010 Census placed it at 40.3 years old. The City is a group of
islands between Biscayne Bay and the Atlantic Ocean and is connected to the mainland by four
causeways.
The County is the largest county in the southeastern United States in terms of population and one
of the largest in terms of land area. The County consists of 2,042 square miles of land area. The
population is clustered mainly along the coast, with the western area of the County comprising a part of
the Everglades. There are numerous incorporated municipalities in the County, which include Miami,
Hialeah and Coral Gables, as well as the City.
POPULATION
The U.S. Bureau of the Census estimated the population of the City to be 87,779 in 2010.
According to estimates of Miami-Dade County Department of Planning and Zoning, the City's population
is expected to be 98,028 by the year 2020 and the County's population is estimated to be 2,496,435 for
20 10, and the County estimates growth to 2,885,439 by 2020.
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Population, City of Miami Beach
and Miami-Dade County 1980 - 2010
City of Miami Miami-Dade
Year Beach Percent Change County Percent Change
1980 96,298 10.6% 1,625,598 28.2%
2010 87,779 (0.1 %) 2,496,43 5 10.5%
Source: U.S. Census
Population Breakdown
City of Miami Beach, 1990-2010
Age Group 1990 2000 2010
Under 18 14.2% 13.4% 12.8%
18 and over 85.8% 86.6% 87.2%
2 1 and over 83.1% 84.1 % 84.9%
65 and over 23.4% 19.2% 16.2%
Median Age: 44.5 3 9 40.3
Source: State of Florida Statistical Abstract
GOVERNMENT
The City of Miami Beach is organized under the Commission-City Manager form of government.
The governing body is an elected City Commission of six members and an elected Mayor. The City
Commission sets policy for the administration of the City and appoints a City Manager and a City
Attorney. The City Attorney appoints his staff and the City Manager is responsible for the appointment
of the balance of the employees of the City. The City Commissioners are elected to staggered four year
terms and the Mayor is elected every two years. Both the City Attorney and the City Manager serve at
the pleasure of the City Commission. The City Manager carries out the policies of the City Commission,
directs the operations of the City and, with the exception of the City Attorney's Office, has the power to
appoint or remove all heads of the various Departments.
SCOPE OF SERVICES
The City provides a full range of municipal services, including police and fire protection,
recreational activities, parks, cultural events, sanitation services, water, sewer and storm water services,
community services, and the construction of and maintenance of streets and infrastructure.
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ECONOMIC AND DEMOGRAPHIC DATA
INCOME
The mean family income for Miami Beach increased by 8.6 percent; from $69,980 in 2000 to
$76,029 in 2009. This compares to growth rates experienced by Miami-Dade County, which experienced
a mean family growth rate of approximately 20 percent during the same period. The mean family income
for Miami Beach exceeded that of Miami-Dade County by approximately 33 percent in 2000 and 20
percent in 2009.
MEAN FAMILY INCOMES 2000-2009
2000 2009 % CHANGE
Miami Beach $69,980
Miami-Dade County 52,753
Source: U.S. Bureau of Census
Per Capita Personal Income . .
(Current Dollars)
2004-2009
Miami-Dade County Florida United States
Year Current Dollars % of U.S. Current Dollars % of U.S. Current Dollars
2004 $29,8 17 88.0% $33,540 98.9% $33,881
2005 32,025 90.4% 34,798 100.5% 34,757
2006 33.712 89.9% 38,161 100.2% 36,714
2007 35,368 93 3% 39,036 99.0% 3 9,3 92
2008 35,887 89.3% 39,064 91 -2% 40,166
2009 22,6 19 77.9% 26,503 9 1.2% 29,050
Source: U.S. Department of Commerce-Bureau of Economic Analysis
EMPLOYMENT
City of Miami Beach Employment 2005 - 2010
Labor Force Employed 44,767 45,263 45,63 1 45,658 44,497 45,249
Labor Force Unemployed 1,796 1,63 1 1,780 2,3 83 4,046 4,181
Total Labor Force 46,563 46,894 47,411 48,04 1 48,543 49,430
Unemployment Rate 3.9% 3.5% 3 3% 5 .O% 8.3% 8.5%
Source: US Department of Labor
('I Preliminary- as of April 2010
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Major Employers on Miami Beach
Rank - Employer Service
1 Mount Sinai Medical Center
2 City of Miami Beach
3 Fontainebleau Resort
4 Loews Miami Beach Hotel
5 Publix Supermarkets
6 Eden Roc Hotel
7 Delano Hotel
8 Joe's Stone Crab
9 Wyndham Miami Beach Resort
10 LNR Property Corp
Source: City of Miami Beach, Florida
Medical
Governmental
Hotel
Hotel
Retail
Hotel
Hotel
Restaurant
Hotel
Real Estate
Number Em~loved
3000
1800
1200
942
900
700
478
355
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Ten Largest Public and Private Employers
Located in Miami-Dade County
Public Employers
Miami-Dade County Public
Schools
Miami-Dade County
Federal Government
Florida State Government
Jackson Health System
Florida International University
Miami-Dade College
City of Miami
VA Medical Center
Homestead Air Force Base
Private Employers
University of Miami
Baptist Health South Florida
Publix Supermarkets
American Airlines
Precision Response Corp.
Florida Power & Light Co.
Carnival Cruise Lines
Winn-Dixie Stores
BellSouth/ATT
Mount Sinai Health Center
Source: City of Miami Beach, Comprehensive Annual Financial Report 2010
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BUILDING PERMITS
The following is a calculation of the total value of the Building Permits issued by the City during
the past 10 years.
City of Miami Beach, Florida
Value of Building Permits Issued
Fiscal Years 2001-2010
Fiscal Year Number of Permits Total Value
200 1 9,764
2002 10,65 1
2003 11,134
2004 1 1,368
2005 12,837
2006 12,226
2007 12,729
2008 1 1,056
2009 10,277
2010 10,196
Source: City of Miami Beach, Florida
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DIRECT AND OVERLAPPING TAX RATES
The following table summarizes the direct and overlapping tax (millage) rates for the past ten
years. As shown in the following table, the City has reduced its tax rates over the past 10 years.
City of Miami Beach, Florida
Direct and Overlapping Tax Rates
($1 per $1,000 of Assessed Value)
For Tax Years 2001 Through 2010
City of Miami Beach
Direct Rates Overlapping Rates
Fiscal Year Debt Total School
Ended Operating Service Direct District County State
September 30 Millage Millage Millage Millage Millage Millage Total
200 1 7.399 1.156 8.555 9.617 6.754 0.738 25.664
Source: City of Miami Beach, Comprehensive Annual Financial Report; Miami-Dade
County, Florida Property Appraisal 201 0 Millage Table
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City of Miami Beach, Florida
Property Tax Levies and Collections
Fiscal Years 2000 - 2009
Collected within the
Fiscal year of the Levy
Tax Total Percentage Amount
Year ('I Tax Levy of Levy
2009 129,758,839 123,107,891 94.9
Source: City of Miami Beach, Comprehensive Annual Financial
Report 20 10
(1) Assessments as of January 1 of the year listed; bills mailed in
October of that year; taxes become delinquent at the end of
April of the subsequent year.
(2) Breakdown between current and delinquent collections not
available. Collections represent total of current and
delinquent collection received during the year.
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City of Miami Beach
Ten Largest Taxpayers 2010
Owner Type of Property Assessed Value
MB Redev. Inc./Loews Hotel Hotel $280,000,000
MCZICentrum Flamingo I11 LLC Apartments 172,183,094
Fontainebleau Florida Hotel LLC Hotel 136,229,487
Di Lido Beach Hotel Corp. Hotel 130,000,000
MCZICentrum Flamingo I1 LLC Apartments 93,000,000
Philips South Beach LLC Hotel
Sandy Lane Residential LLC Apartments
Royal Palm Hotel Prop LLC Apartments
City National Bank of Florida Apartments 78,252,750
2201 Collins Fee LLC Apartments 68,727,288
Source: 2010 Miami-Dade County, Florida Ad Valorem Assessment Roll for the City
of Miami Beach; City of Miami Beach, Comprehensive Annual Financial
Report 20 10
FILM AND PRINT ITVDUSTRY
The film and print industry has become an important part of the Miami Beach economy. Many
international talent and model agencies have located in the City. In 2010, this industry spent an
approximate of $173 million in Miami-Dade County for the production of movies and photographs.
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Film and Print Industry
Permits Issued and Production Budgets
For the Calendar Years 2006-2010
Fiscal Permits Production
Year Issued Budgets (I)
2006 1,280 $55,000,293
2007 1,563 $60,760,3 15
Source: Miami Beach Comprehensive Financial Report 2010; City of
Miami Beach, Florida Department of Tourism and Cultural
Development
(1) Estimates as reported on City of Miami Beach Permit Applications
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CONVENTION AND MEETING ACTMTY
Miami-Dade County and the Miami Beach Convention Center host a large number of
conventions each year.
Number of Number of Room
Year Delegates Nights Total Expenditures
200 1 955,500 2,7 1 1,045 $1,085,841,149
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2002 907,725
2003 925,880
2004 900,88 1
2005 945,925
2006 927,006
2007 1,005,802
2008 905,222
2009 932,378
2010 995,000
Source: City of Miami Beach, Florida
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK]
TOURISM AND VISITOR ACTWITY
DOMESTIC AND INTERNATIONAL OVERNIGHT VISITORS
MIAMI-DADE COUNTY 2007-2009
Origin (000) (000) (000)
South America: 2,324.1 2,480.1 2,549.5
Caribbean: 683.4 702.1 682.1 I
Central America: 511.1 540.0 517.3 I
Europe: 1,294.0 1,360.6 1,279.0 I
Canada: 556.0 573.5 537.7 I
Other International: 124.3 130.9 1 18.8
Total International 5,492.9 5,787.2 5,684.4
Total Domestic 6,473 .O 6,341.4 6,25 1.5
1 1,965.9 12,128.6 11,935.9 Total Overnight
Expenditures (I): I
Domestic $ 7,145.90 $ 6,556.90 $ 5,954.10 I
International $10,759.30 $10,774.60 $1 1,156.50
Total Expenditures $1 7,905.20 $17,33 1.50 $23,064.70
Source: Greater Miami Convention and Visitors Bureau
(I) Average Daily Expenditures
PMB 423657.6
Overnight Visitors by Region
Miami Beach
Downtown Miami 16.6% 19.2% 17.6%
N. Miami-Dadelsunny
Isle
Airport Area 10.5% 9.8% 1 1.4%
S. Miami-Dade 6.3% 5.9% 3.9%
Source: Greater Miami Convention and Visitors Bureau
TRANSPORTATION
Miami-Dade County has a comprehensive transportation network designed to meet the needs of
residents, travelers and area businesses. The County's internal transportation system includes Metrorail, a -.
22.4 mile above-ground system connecting South Miami-Dade and the City of Hialeah with the
Downtown and Civic Center areas. Metromover, a 4.4 mile automated loop, carries passengers around
downtown Miami, Brickell Avenue and the Omni shopping center areas. Miami-Dade County's
Metrobus operating over 32.6 million miles per year and over 115 million passenger trips annually. The
County also provides para-transit services to qualified riders in the amount of 1.6 million passenger trips
annually. Cargo rail service is available from both Miami International Airport and the Port of Miami,
and Amtrak has a passenger station in the City of Miami. Tri-Rail, a 72-mile train system, links West
Palm Beach, Boca Raton, Fort Lauderdale, Hollywood and Miami International Airport.
Miami International Airport. Miami International Airport is one of the busiest airports in the
world for both passengers and cargo traffic. It ranks twelfth in the nation and twenty-fifth in the world in
passenger traffic through the airport. The airport ranks third in the nation and eleventh in the world in
tonnage of domestic and international cargo movement. In 2009 over 33 million air travelers were
serviced by Miami International Airport, and approximately 2.08 million tons of cargo was handled.
More than 88 airlines serve Miami International Airport, flying passengers to more than 150 destinations
around the globe.
Port of Miami. The Port of Miami, known as the "cruise capital of the world," is operated by
the Seaport Department of Miami-Dade County. In fiscal year 2009, approximately 4.1 million
passengers sailed from the Port of Miami aboard one of the eight cruise companies who operate out of
Miami. The Port of Miami is also a hub for Caribbean and Latin American commerce. These countries
account for over half of the 7.4 million tons of cargo transferred through the Port of Miami in 2008. The
Port of Miami is also reaching out to the global community where trade with Asian countries accounted
for almost 23% of the total cargo handled at the Port of Miami. The Port of Miami is also important to
the U.S. economy, contributing in excess of $17 billion annually, which should increase after the
completion of the Port of Miami's five year, $346 million capital improvement program.
PMB 423657.6
RECREATION
There are numerous parks and playgrounds in the City of Miami Beach. Each park provides
different amenities, from tennis and bocce courts to swimming pools and tot lots, to Vita courses and
barbecue pits. There are four Vita courses, two swimming pools, and numerous tennis courts, including
the Holtz Tennis Stadium which houses championship, professional and amateur tournaments.
Offshore, the Gulf Stream provides a variety of game fish, while the Miami Beach Marina
provides an abundance of space to house boats as well as direct access to the Atlantic Ocean and Gulf
Stream. The Marina is a private development on City owned bay front land in the South Pointe area.
Renovation has increased the number of boat slips to 388 making the Marina the largest in the area and a
first class facility.
In the north part of the City, the public can enjoy a leisurely sail in the quiet waters of Biscayne
Bay from the Miami Beach Sailport. The facility, though open to all ages, was specially designed to
teach young adults the basic art of sailing on small prams.
The City owns two championship golf courses and one Par 3 course that are open to the public.
The two championship courses, Miami Beach Golf Course and Normandy, offer a clubhouse complete
with a restaurant, lounge and pro shop. -
PMB 423657.6
APPENDIX B
REPORT OF CONSULTING ENGINEERS
PMB 423657.6
APPENDIX C
FINANCIAL STATEMENTS OF THE CITY
PMB 423657.6
APPENDIX D
BOND RESOLUTION AND SERIES 2011 RESOLUTION
PMB 423657.6
APPENDIX E
FORM OF DISCLOSURE DISSEMINATION AGENT AGREEMENT
PMB 423657.6
APPENDIX F
FORM OF OPINION OF BOND COUNSEL
PMB 423657.6
On the date of issuance of the Series 201 1 Bonds in definitive form, Squire, Sanders & Dempsey
(LrS) LLP, Bond Counsel, proposes to render its opinion in substantially the following form:
To: Mayor and City Commission of the
City of Miami Beach, Florida
Miami Beach, Florida
We have served as bond counsel to our client the City of Miami Beach, Florida (the "City") and
not as counsel to any other person in connection with the issuance by the City of its $
aggregate principal amount of Stormwater Revenue Bonds, Series 201 lA, and $
aggregate principal amount of Stormwater Revenue Refunding Bonds, Series 201 1B (collectively, the
"Series 201 1 Bonds"), each dated the date of this letter. - ~
The Series 201 1 Bonds are issued pursuant to Resolution No. 2000-24127 adopted by the City
Commission of the City (the "Commission") on October 18, 2000 and Resolution No. 20 1 l-- adopted
by the Commission on , 201 1 (collectively, the "Bond Resolution"). Capitalized terms not
otherwise defined in this letter are used as defined in the Bond Resolution.
In our capacity as bond counsel, we have examined the transcript of proceedings relating to the
issuance of the Series 201 1 Bonds, a copy of the signed and authenticated Series 201 1 Bond of the first
maturity of each Series, the Bond Resolution and such other documents, matters and law as we deem
necessary to render the opinions set forth in this letter.
Based on that examination and subject to the limitations stated below, we are of the opinion that
under existing law:
1. The Series 201 1 Bonds and the Bond Resolution are valid and binding obligations of the
City, enforceable in accordance with their respective terms.
2. The Series 20 1 1 Bonds constitute limited obligations of the City, and the principal of and
interest on (collectively, "debt service") the Series 201 1 Bonds, together with debt
service on any other obligations issued and outstanding on a parity with the Series 201 1
Bonds as provided in the Bond Resolution, are payable from and secured solely by the
Net Revenues and certain funds and accounts established under the Bond Resolution.
The payment of debt service on the Series 201 1 Bonds is not secured by an obligation or
pledge of any money raised by taxation, and the Series 201 1 Bonds do not represent or
constitute a general obligation or a pledge of the faith and credit of the City, the State of
Florida or any of its political subdivisions.
3. Interest on the Series 201 1 Bonds is excluded from gross income for federal income tax
purposes under Section 103 of the Internal Revenue Code of 1986, as amended (the
"Code"), and is not an item of tax preference for purposes of the federal alternative
minimum tax imposed on individuals and corporations; however, portions of the interest
on the Series 201 1 Bonds earned by certain corporations may be subject to a corporate
PMB 423657.6
alternative minimum tax. The Series 201 1 Bonds and the income thereon are exempt
from taxation under the laws of the State of Florida, except estate taxes imposed by
Chapter 198, Florida Statutes, as amended, and net income and franchise taxes imposed
by Chapter 220, Florida Statutes, as amended. We express no opinion as to any other tax
consequences regarding the Series 201 1 Bonds.
The opinions stated above are based on an analysis of existing laws, regulations, rulings and court
decisions and cover certain matters not directly addressed by such authorities. In rendering all such
opinions, we assume, without independent verification, and rely upon (i) the accuracy of the factual
matters represented, warranted or certified in the proceedings and documents we have examined and (ii)
the due and legal authorization, execution and delivery of those documents by, and the valid, binding and
enforceable nature of those documents upon, any parties other than the City.
In rendering those opinions with respect to treatment of the interest on the Series 201 1 Bonds
under the federal tax laws, we further assume and rely upon compliance with the covenants in the
proceedings and documents we have examined, including those of the City. Failure to comply with
certain of those covenants subsequent to issuance of the Series 201 1 Bonds may cause interest on the
Series 201 1 Bonds to be included in gross income for federal income tax purposes retroactively to their
date of issuance.
The rights of the owners of the Series 201 1 Bonds and the enforceability of the Series 201 1
Bonds and the Bond Resolution are subject to bankruptcy, insolvency, arrangement, fraudulent
conveyance or transfer, reorganization, moratorium and other laws relating to or affecting creditors'
rights, to the application of equitable principles, to the exercise of judicial discretion, and to limitations on
legal remedies against public entities.
The opinions rendered in this letter are stated only as of this date, and no other opinion shall be
implied or inferred as a result of anything contained in or omitted from this letter. Our engagement as
bond counsel with respect to the Series 201 1 Bonds has concluded on this date.
PMB 423657.6
Respectfully submitted,
THIS PAGE INTENTIONALLY LEFT BLANK
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE ClTY COMMISSION OF THE ClTY OF MIAMI BEACH,FLORIDA, AUTHORIZING THE
ISSUANCE OF NOT TO EXCEED $67,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF ClTY OF MIAMI
BEACH, FLORIDA GENERAL OBLIGATION REFUNDING BONDS, SERIES 2011, FOR THE PURPOSE OF
REFUNDING ALL OR A PORTION OF THE CITY'S OUTSTANDING SERIES 2000 GENERAL OBLIGATION
BONDS AND/OR ALL OR A PORTION OF THE CITY'S OUTSTANDING GENERAL OBLIGATION BONDS,
SERIES 2003; PROVIDING THAT SUCH GENERAL OBLIGATION REFUNDING BONDS SHALL CONSTITUTE
GENERAL OBLIGATIONS OF THE ClTY AND THAT THE FULL FAITH, CREDIT AND TAXING POWER OF THE
ClTY SHALL BE IRREVOCABLY PLEDGED FOR THE PAYMENT OF THE PRINCIPAL OF AND THE INTEREST
ON SUCH GENERAL OBLIGATION REFUNDING BONDS; MAKING CERTAIN COVENANTS AND
AGREEMENTS IN CONNECTION THEREWITH; PROVIDING CERTAIN DETAILS OF THE BONDS;
DELEGATING CERTAIN MATTERS IN CONNECTION WlTH THE ISSUANCE OF THE BONDS TO THE MAYOR;
AUTHORIZING THE NEGOTIATED SALE OF THE BONDS TO THE UNDERWRITERS; APPROVING THE FORM
OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT;
AUTHORIZING THE REFUNDING, DEFEASANCE, PREPAYMENT AND REDEMPTION, AS APPLICABLE, OF
THE REFUNDED BONDS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY
OF AN ESCROW DEPOSIT AGREEMENT AND APPOINTING AN ESCROW AGENT; APPOINTING A PAYING
AGENT AND A BOND REGISTRAR; PROVIDING FOR A PRELIMINARY OFFICIAL STATEMENT AND
AUTHORIZING THE EXECUTION OF AN OFFICIAL STATEMENT; COVENANTING TO PROVIDE CONTINUING
DISCLOSURE IN CONNECTION WlTH THE BONDS IN ACCORDANCE WlTH SECURITIES AND EXCHANGE
COMMISSION RULE 15~2-12 AND APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A DISCLOSURE DISSEMINATION AGENT AGREEMENT WlTH RESPECT THERETO AND
APPOINTING A DISCLOSURE DISSEMINATION AGENT THEREUNDER; APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY OF GULF BREEZE LOAN AMENDMENTS; AUTHORlZlNG A
BOOK-ENTRY REGISTRATION SYSTEM FOR THE BONDS; AUTHORIZING CERTAIN OFFICIALS AND
EMPLOYEES OF THE ClTY TO TAKE ALL ACTIONS REQUIRED IN CONNECTION WlTH THE ISSUANCE OF
SAID BONDS; AND PROVIDING AN EFFECTIVE DATE.
I I
Key Intended Outcome Supported: I Improve the City's overall financial health and maintain overall bond rating.
Supporting Data (Surveys, Environmental Scan, etc.): NIA
Issue:
Should the City Commission approve the resolution which allows for the refunding of both GO Bonds Series 2000 1
Item SummarylRecommendation:
The Citv's Financial Advisor has determined that the Citv has the capacity to refinance the Series 2000 General 1
Obligatibn Bonds as well as to advance refund a portion oi the Series 2003 ~eneral Obligation Bonds, and that both
of these refinancing may provide, as of September 26, 201 1, a present value savings of approximately $3.3 million
or approximately 9.25%. The City intends to refinance all of the outstanding Series 2000 bonds of $17,250,000 on
December 1,201 1, and up to $49,570,000 will be used to advance refund the Series 2003 bonds.
The total amount for both refunding will not exceed $67 million which will also include such costs as cost of
issuance, premiums andlor discounts, and underwriter's discounts. The actual refunding amount of the Series 2003
bonds will be determined at the pricing date which will take into account the prevailing market conditions at that time.
1 I
Advisory Board Recommendation:
I Finance and Citywide Projects Committee on September 26, 2011 approved the refunding the GO Bonds Series 1
I I I I I Total I I
1 2000 and series-2003.
Financial Information:
City Clerk's Office Legislative Tracking:
I Patricia Walker Chief Financial Officer
Sign-Offs:
I Department Director A6tqnt city Manager City Manager ,-
Approved
Source of Funds:
OBPl
u
AGENDA ITEM
DATE /0"14-/1
Amount Account
Principal & Interest payments to be
appropriated from Ad Valorem Taxes
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM Jorge M. Gonzalez, City Manager
DATE October 19, 201 1
SUBJECT A RESOLUTION OF THE ClTY COMMISSION OF THE ClTY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$67,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF ClTY OF MIAMI
BEACH, FLORIDA GENERAL OBLIGATION REFUNDING BONDS, SERIES
2011, FOR THE PURPOSE OF REFUNDING ALL OR A PORTION OF THE
CITY'S OUTSTANDING SERIES 2000 GENERAL OBLIGATION BONDS
AND/OR ALL OR A PORTION OF THE CITY'S OUTSTANDING GENERAL
OBLIGATION BONDS, SERIES 2003; PROVIDING THAT SUCH GENERAL
OBLIGATION REFUNDING BONDS SHALL CONSTITUTE GENERAL
OBLIGATIONS OF THE ClTY AND THAT THE FULL FAITH, CREDIT AND
TAXING POWER OF THE ClTY SHALL BE IRREVOCABLY PLEDGED
FOR THE PAYMENT OF THE PRINCIPAL OF AND THE INTEREST ON
SUCH GENERAL OBLIGATION REFUNDING BONDS; MAKING CERTAIN
COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH;
PROVIDING CERTAIN DETAILS OF THE BONDS; DELEGATING CERTAIN
MATTERS IN CONNECTION WlTH THE ISSUANCE OF THE BONDS TO
THE MAYOR; AUTHORIZING THE NEGOTIATED SALE OF THE BONDS
TO THE UNDERWRITERS; APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND
PURCHASE AGREEMENT; AUTHORIZING THE REFUNDING,
DEFEASANCE, PREPAYMENT AND REDEMPTION, AS APPLICABLE, OF
THE REFUNDED BONDS; APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW
DEPOSIT AGREEMENT AND APPOINTING AN ESCROW AGENT;
APPOINTING A PAYING AGENT AND A BOND REGISTRAR; PROVIDING
FOR A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE
EXECUTION OF AN OFFICIAL STATEMENT; COVENANTING TO
PROVIDE CONTINUING DISCLOSURE IN CONNECTION WlTH THE
BONDS IN ACCORDANCE WlTH SECURITIES AND EXCHANGE
COMMISSION RULE 15~2-12 AND APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY OF A DISCLOSURE
DISSEMINATION AGENT AGREEMENT WlTH RESPECT THERETO AND
APPOINTING A DISCLOSURE DISSEMINATION AGENT THEREUNDER;
APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND
DELIVERY OF GULF BREEZE LOAN AMENDMENTS; AUTHORIZING A
BOOK-ENTRY REGISTRATION SYSTEM FOR THE BONDS;
AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF THE ClTY TO
Commission Memorandum - October 19,201 1
General Obligation Bonds, Series 201 1
Page 2 of 4
TAKE ALL ACTIONS REQUIRED IN CONNECTION WITH THE ISSUANCE
OF SAID BONDS; AND PROVIDING AN EFFECTIVE DATE.
ADMINISTRATION RECOMENDATION
Approve the Resolution.
BACKGROUND
On September 17, 1999, the Mayor and City Commission adopted Resolutions #99-23299, #99-
23300, and #99-23301 that called for a special election on November 2, 1999 that submitted to
the electorate of the City a bond referendum that decided whether the City should be authorized
to issue an aggregate of $92,465,000 in principal amount of general obligation bonds.
The purpose of these general obligation bonds was threefold: (1) to renovate, expand and
improve fire stations and related facilities located in the City and acquire and equip fire trucks
("Fire Safety General Obligations"), (2) to improve recreational facilities and equipment, access,
security and related maintenance facilities for parks and beaches located in the City ("Parks and
Beaches General Obligations"), and (3) to improve neighborhood infrastructure in the City,
consisting of streetscapes and traffic calming measures, shoreline stabilization and related
maintenance facilities ("Neighborhood General Obligations").
On November 2, 1999, the issuance of the General Obligations was approved by the electorate
of the City in accordance with the applicable laws of the State of Florida.
On June 23, 2000, the City Commission passed Resolution 2000-23966 authorizing the
issuance of $30 million of General Obligations (the first of two bond issuances) by borrowing
funds from the Gulf Breeze Government Loan Pool. This issuance consisted of $9,030,000 for
the Fire Safety General Obligations, $9,230,000 for the Parks and Beaches General
Obligations, and $1 1,740,000 for Neighborhood General Obligations.
On June 11, 2003, the City Commission passed Resolution 2003-25240 authorizing the
issuance of $62,465,000 of General Obligation (the second of the two bond issuances). This
issuance consisted of $690,000 for the Fire Safety General Obligations, $15,600,000 for the
Parks and Beaches General Obligations, and $46,175,000 for Neighborhood General
Obligations.
ANALYSIS
As of today, the City has approximately $18,710,000 outstanding on the Series 2000 General
Obligation bonds, which has a scheduled principal payment of $1,460,000 on December 1,
201 1 leaving an outstanding principal balance at that time of $17,250,000. In addition, the City
has $49,570,000 outstanding on the Series 2003 General Obligation bonds. The City intends to
refinance all of the outstanding Series 2000 bonds of $17,250,000 on December 1, 2011, and
up to $49,570,000 will be used to advance refund the Series 2003 bonds.
Commission Memorandum - October 19,201 1
General Obligation Bonds, Series 201 1
Page 3 of 4
The total amount for both refunding will not exceed $67 million which will also include such
costs as cost of issuance, premiums and/or discounts, and underwriter's discounts. The actual
refunding amount of the Series 2003 bonds will be determined at the pricing date which will take
into account the prevailing market conditions at that time. The City's proposed refunding of both
Series of General Obligation bonds is the result of the Administration's continuous review of
opportunities to refund outstanding bonds to ensure the City is paying the lowest possible rate
within statutory and tax requirements.
The City's Financial Advisor has determined that the City has the capacity to refinance the
Series 2000 General Obligation Bonds as well as to advance refund a portion of the Series
2003 General Obligation Bonds, and that both of these refinancing may provide, as of October
10, 201 1, a present value savings of approximately $3.3 million or approximately 9.25%. The
refunding of these bonds does not extend the term of the bonds beyond their original maturity
date.
According to the loan agreements with Gulf Breeze, the City can refinance the outstanding
Series 2000 General Obligation Bonds on the next redemption date which falls on December 1,
201 1. The original calllredemption date for the Series 2000 bonds was on December 1, 2010,
however, at that time the City would have had to pay a premium of approximately $187,100 to
call the bonds. The reason the City is calling the bonds as of December 1, 2011 is because
they are callable at par in addition to the fact that interest rates today are about 70 basis points
lower for a AA rated General Obligation issue than it was at December 201 0.
As for the Series 2003 General Obligation Bonds to be advance refunded, the City will seek,
with the advice of the City's Financial Advisors, the best opportunity in the near future to
determine when market conditions are optimal to achieve the most savings for the City.
The bonds are paid through the assessment, levy and collection of ad valorem tax on all taxable
property within the City and the full faith, credit and taxing power of the City will be pledged to
the payment of the principal and interest of the bonds. Any additional costs and expenses are
paid from non-ad valorem revenues.
In November 2007, the Mayor and City Commission approved Ordinance 2007-3582 which
amended the procedures that the City followed in connection with the approval of a bond issue
and added Section 2-278 to Chapter 2 of the Miami Beach City Code. However, according to
Section 2-278(d) the provision of this section shall not apply to the issuance of any bonds to
refund or refinance outstanding bonds which is precisely what is being done with the issuance
of the Series 201 1 General Obligation Refunding Bonds.
At the September 26, 2011, meeting of the Finance and Citywide Projects Committee, the
Committee voted to recommend approval of the proposed refinancing of the outstanding Series
2000 General Obligation Bonds, and to advance refund all or a portion of the Series 2003
General Obligation Bonds based on market conditions.
Because of the character of the proposed refinancing of the Series 2000 and Series 2003
General Obligation Bonds, the prevailing market conditions, the complexity of structuring a
refunding and the recommendations of the Financial Advisor, it was further determined that the
sale of the new refinanced General Obligation Bonds on the basis of a negotiated sale rather
than a public sale by competitive bid is in the best interest of the City.
Commission Memorandum - October 19,201 1
General Obligation Bonds, Series 201 1
Page 4 of 4
The Resolution for the issuance of the Series 201 1 General Obligation Bonds will delegate to
the Mayor, relying upon the recommendation of the Chief Financial Officer and RBC Capital
Markets (the City's Financial Advisor), the determination of various terms of the Series 201 1
Bonds, including whether to secure one or more Credit Facilities andlor Reserve Account
Insurance Policies with respect to the Series 2011 Bonds, the final award of the Series 2011
Bonds, the dates of redemption of the Prior Bonds to be redeemed prior to maturity, the
payment of all related costs and expenses in connection with the issuance of the Bonds and all
other actions necessary or desirable in connection with the issuance of the Series 201 1 Bonds
and the refunding of the Prior Bonds.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida, approve the resolution which authorizes the administration to refinance all of the
General Obligation Bonds, Series 2000 of $17,250,000, and advance refund all or a portion of
the outstanding $49,570,000 General Obligation Bonds, Series 2003. - +
Bond Purchase Agreement
Escrow Deposit Agreement
Preliminary Official Statement
Disclosure Dissemination Agent Agreement
First Supplemental Loan Agreement (Gulf Breeze Series 1985B)
First Supplemental Loan Agreement (Gulf Breeze Series 1985E)
T:V\gendal201 IlOctober 19lRegularlGO Bonds Series 201 1-Comm Memo
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED $67,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY
OF MIAMI BEACH, FLORIDA GENERAL OBLIGATION REFUNDING
BONDS, SERIES 20 1 1, FOR THE PURPOSE OF REFUNDING ALL OR A
PORTION OF THE CITY'S OUTSTANDING SERIES 2000 GENERAL
OBLIGATION BONDS AND/OR ALL OR A PORTION OF THE CITY'S
OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2003;
PROVIDING THAT SUCH GENERAL OBLIGATION REFUNDING BONDS
SHALL CONSTITUTE GENERAL OBLIGATIONS OF THE CITY AND
THAT THE FULL FAITH, CREDIT AND TAXING POWER OF THE CITY
SHALL BE IRREVOCABLY PLEDGED FOR THE PAYMENT OF THE
PRINCIPAL OF AND THE INTEREST ON SUCH GENERAL OBLIGATION
REFUNDING BONDS; MAKING CERTAIN COVENANTS AND
AGREEMENTS IN CONNECTION THEREWITH; PROVIDING CERTAIN
DETAILS OF THE BONDS; DELEGATING CERTAIN MATTERS IN
CONNECTION WITH THE ISSUANCE OF THE BONDS TO THE MAYOR;
AUTHORIZING THE NEGOTIATED SALE OF THE BONDS TO THE
UNDERWRITERS; APPROVING THE FORM OF AND AUTHORIZING
THE EXECUTION AND DELIVERY OF A BOND PURCHASE
AGREEMENT; AUTHORIZING THE REFUNDING, DEFEASANCE,
PREPAYMENT AND REDEMPTION, AS APPLICABLE, OF THE
REFUNDED BONDS; APPROVING THE FORM OF AND AUTHORIZING
THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT
AGREEMENT AND APPOINTING AN ESCROW AGENT; APPOINTING A
PAYING AGENT AND A BOND REGISTRAR; PROVIDING FOR A
PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE
EXECUTION OF AN OFFICIAL STATEMENT; COVENANTING TO
PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE
BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE
COMMISSION RULE 15~2-12 AND APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY OF A DISCLOSURE
DISSEMINATION AGENT AGREEMENT WITH RESPECT THERETO AND
APPOINTING A DISCLOSURE DISSEMINATION AGENT THEREUNDER;
APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION
AND DELIVERY OF GULF BREEZE LOAN AMENDMENTS;
AUTHORIZING A BOOK-ENTRY REGISTRATION SYSTEM FOR THE
BONDS; AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF
THE CITY TO TAKE ALL ACTIONS REQUIRED IN CONNECTION WITH
THE ISSUANCE OF SAID BONDS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on September 17, 1999, the Mayor and City Commission (collectively, the
"Cornmission") of the City of Miami Beach, Florida (the "City") adopted Resolution No. 99-
23299 calling for a special election on November 2, 1999 to submit to the electorate of the City a
bond referendum to decide whether the City should be authorized to issue not exceeding
$9,720,000 in principal amount of general obligation bonds (the "Fire Safety General Obligation
Bonds") to renovate, expand and improve fire stations and related facilities located in the City
and acquire and equip fire trucks; and
WHEREAS, on September 17, 1999, the Commission also adopted Resolution No. 99-
23300 calling for a special election on November 2, 1999 to submit to the electorate of the City a
bond referendum to decide whether the City should be authorized to issue not exceeding
$24,830,000 in principal amount of general obligation bonds (the "Parks and Beaches General
Obligation Bonds") to improve recreational facilities and equipment, access, security and related
maintenance facilities for parks and beaches located in the City; and
WHEREAS, on September 17, 1999, the Commission further adopted Resolution No. 99-
23301 calling for a special election on November 2, 1999 to submit to the electorate of the City a
bond referendum to decide wither the City should be authorized to issue not exceeding
$57,915,000 in principal amount of general obligation bonds (the "Neighborhood General
Obligation Bonds" and, together with the Fire Safety General Obligation Bonds and the Parks
and Beaches General Obligation Bonds, the "General Obligation Bonds") to improve
neighborhood infrastructure in the City, consisting of streetscapes and traffic calming measures,
shoreline stabilization and related maintenance facilities; and
WHEREAS, at such special elections on November 2, 1999, the issuance of the General
Obligation Bonds was approved by the electorate of the City in accordance with the applicable
laws of the State of Florida; and
WHEREAS, on July 3, 2000, the City issued $30,000,000 in aggregate principal amount
of the General Obligation Bonds consisting of (i) $9,030,000 in principal amount of the Fire
Safety General Obligation Bonds, (ii) $230,000 in principal amount of the Parks and Beaches
General Obligation Bonds, and (iii) $1 1,740,000 in principal amount of the Neighborhood
General Obligation Bonds, currently outstanding in the aggregate principal amount of
$1 8,710,000 (collectively, the "Series 2000 General Obligation Bonds"), by borrowing funds
from the loan pool program established by the City of Gulf Breeze, Florida ("Gulf Breeze")
pursuant to two loans made by Gulf Breeze to the City thereunder (each, a "Gulf Breeze Loan"
and collectively, the "Gulf Breeze Loans"), as more particularly described in the related Loan
Agreements and Governmental Unit Notes; and
WHEREAS, on July 22,2003, the City issued $62,465,000 in aggregate principal amount
of the General Obligation Bonds consisting of (i) $690,000 in principal amount of the Fire Safety
General Obligation Bonds, (ii) $15,600,000 in principal amount of the Parks and Beaches
General Obligation Bonds, and (iii) $46,175,000 in principal amount of the Neighborhood
General Obligation Bonds, designated "City of Miami Beach, Florida General Obligation Bonds,
Series 2003," currently outstanding in the aggregate principal amount of $49,570,000
(collectively, the "Series 2003 General Obligation Bonds"); and
WHEREAS, the Commission has determined that as a result of the current low interest
rate environment, it is financially beneficial to authorize refunding all or a portion of the Series
2000 General Obligation Bonds and/or all or a portion of the Series 2003 General Obligation
Bonds, as shall be determined by the Mayor in accordance with the provisions contained herein;
and
WHEREAS, the Commission has determined that it is desirable, subject to the provisions
of this Resolution, to authorize the issuance by the City of its General Obligation Refunding
Bonds, Series 201 1, in an aggregate principal amount not to exceed $67,000,000 (the "Bonds"),
for the purpose of refbnding all or a portion of the Series 2000 General Obligation Bonds and/or
all or a portion of the Series 2003 General Obligation Bonds; and
WHEREAS, the Commission has further determined that it is in the best interest of the
City to delegate as provided herein the determination of various terms of the Bonds, the final
award of the Bonds, including the execution of a Bond Purchase Agreement, the determination
of which Series 2000 General Obligation Bonds andlor Series 2003 General Obligation Bonds
will be refunded and other actions in connection with the issuance of the Bonds and the
refunding of such Series 2000 General Obligation Bonds and/or Series 2003 General Obligation
Bonds, whether to obtain bond insurance with respect to the Bonds and all other actions
necessary or desirable in connection with the issuance of the Bonds, subject to the limitations
contained herein; and
WHEREAS, for reasons more fully set forth herein, the Commission finds and
determines it to be in the best interest of the City to authorize the sale of the Bonds on the basis
of a negotiated sale rather than a public sale by competitive bid.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. DEFINITIONS. In addition to the terms elsewhere defined in this
Resolution, unless the context otherwise requires, the following terms as used in this Resolution
shall have the following meanings:
"Act" means the Constitution and laws of the State of Florida, including without
limitation, Article VII, Section 12 of the Constitution, Chapter 166, Florida Statutes, as amended,
and Sections 132.33 - 132.47, Florida Statutes, as amended, and the City of Miami Beach
Charter, as amended.
"Authorized Depository" means any bank, trust company, national banking association,
savings and loan association, savings bank or other banking association selected by the City as a
depository, which is authorized under Florida law to be a depository of municipal funds and
which has complied with all applicable state and federal requirements concerning the receipt of
City funds.
"Bond" or "Bonds" mean the City of Miami Beach, Florida General Obligation
Refunding Bonds, Series 201 1, issued hereunder in an aggregate principal amount not to exceed
$67,000,000.
"Bondholder", "holder" or "registered owner" means the person in whose name any
Bond is registered on the registration book maintained by the Bond Registrar.
"Bond Purchase Agreement" means the Bond Purchase Agreement to be entered into
between the City and the Underwriters providing for the tenns of the sale of the Bonds to the
Underwriters.
"Bond Registrar" means U.S. Bank National Association, and any other agent designated
from time to time by the City, by resolution, to maintain the registration books for the Bonds
issued hereunder or to perform other duties with respect to registering the transfer of the Bonds.
"Chief Financial Officer" means the Chief Financial Officer of the City or his or her
designee or the officer succeeding to his or her principal functions.
"City" means the City of Miami Beach, Florida.
"City Attorney" means the City Attorney of the City or his or her designee.
"City Clerk" means the City Clerk or his or her designee or the officer succeeding to his
or her principal functions.
"City Manager" means the City Manager or his or her designee or the officer succeeding
to his or her principal functions.
"Code" means the Internal Revenue Code of 1986, as amended, and all temporary,
proposed or permanent implementing regulations promulgated or applicable thereunder.
''Comrnission" means the Mayor and City Commission of the City.
"Continuing Disclosure Agreement" means the Disclosure Dissemination Agent
Agreement to be entered into between the City and the Disclosure Dissemination Agent in
connection with the Bonds.
"Disclosure Dissemination Agent" means Digital Assurance Certification, L.L.C.
"DTC" means The Depository Trust Company, New York, New York, its successors and
assigns.
"Escrow Agent" means U.S. Bank National Association.
"Escrow Deposit Agreement" means the Escrow Deposit Agreement to be entered into
between the City and the Escrow Agent, pursuant to which a portion of the proceeds of the
Bonds, together with investment earnings thereon and any other moneys, will be held by the
Escrow Agent in irrevocable escrow for the payment of the principal of and interest on the Series
2003 General Obligation Bonds constituting Refunded Bonds.
"Financial Advisor" means RBC Capital Markets, LLC, the financial advisor to the City
in connection with the issuance of the Bonds.
"Fiscal Year" means the period commencing on October 1 of each year and ending on the
succeeding September 30, or such other consecutive 12-month period as may hereafter be
designated as the fiscal year of the City.
"Government Obligations" means:
(a) direct obligations of, or obligations guaranteed as to timely payment by,
the United States of America;
(b) Any bonds or other obligations of any state of the United States of
America or of any agency, instrumentality or local governmental unit of any such state
(i) which are not callable prior to maturity or as to which irrevocable instructions have
been given to the trustee of such bonds or other obligations by the obligor to give due
notice of redemption and to call such bonds for redemption on the date or dates specified
in such instructions, (ii) which are secured as to principal and interest and redemption
premium, if any, by a fund consisting only of cash or obligations of the character
described in clause (a) hereof which fund may be applied only to the payment of such
principal of and interest and redemption premium, if any, on such bonds or other
obligations on the maturity date or dates thereof or the redemption date or dates specified
in the irrevocable instructions referred to in subclause (i) of this clause (b), as
appropriate, and (iii) as to which the principal of and interest on the obligations of the
character described in clause (a) hereof which have been deposited in such fund along
with any cash on deposit in such fund are sufficient to pay principal of and interest and
redemption premium, if any, on the bonds or other obligations described in this clause (b)
on the maturity date or dates thereof or on the redemption date or dates specified in the
irrevocable instructions referred to in subclause (i) of this clause (b), as appropriate;
(c) Evidences of indebtedness issued by the Federal Home Loan Banks,
Federal Home Loan Mortgage Corporation (including participation certificates), Federal
Financing Banks, or any other agency or instrumentality of the United States of America
created by an act of Congress provided that the obligations of such agency or
instrumentality are unconditionally guaranteed as to timely payment by the United States
of America or any other agency or instrumentality of the United States of America or of
any corporation wholly-owned by the United States of America; and
(d) Evidences of ownership of proportionate interests in future interest and
principal payments on obligations described in (a) held by a bank or trust company as
custodian.
"Gulf Breeze Loan Amendments" means, collectively, (i) the First Supplemental Loan
Agreement to be entered into among Gulf Breeze, U.S. Bank National Association, as Trustee,
and the City, relating to the $15,910,000 in original aggregate principal amount Gulf Breeze
Loan, and (ii) the First Supplemental Loan Agreement to be entered into among Gulf Breeze,
U.S. Bank National Association, as Trustee, and the City, relating to the $14,090,000 in original
aggregate principal amount Gulf Breeze Loan.
"Mayor" means the Mayor of the City or the officer succeeding to his or her principal
functions.
"Mayor's Certificate" means the Certificate to be executed by the Mayor prior to or at the
time of the execution of the Bond Purchase Agreement, which certificate shall provide certain
details of the Bonds and the refunding of the Refunded Bonds as required under this Resolution.
"Official Statement" means that certain Official Statement with respect to the issuance of
the Bonds, as such Official Statement shall be approved by the Mayor and the City Manager in
accordance with the provisions of this Resolution.
"Outstanding" or "Bonds outstanding" means all Bonds which have been issued pursuant
to this Resolution except:
(a) Bonds cancelled after purchase in the open market or because of payment
at or redemption prior to maturity;
(b) Bonds for the payment or redemption of which cash funds or Government
Obligations or any combination thereof shall have been theretofore irrevocably set aside
in a special account with the Paying Agent or other Authorized Depository, whether upon
or prior to the maturity or redemption date of any such Bond, in an amount which,
together with earnings on such Government Obligations, will be sufficient to pay the
principal of and interest and redemption premium, if any, on such Bonds at maturity or
upon their earlier redemption; provided that, if such Bonds are to be redeemed before the
maturity thereof, notice of such redemption shall have been given according to the
requirements of this Resolution or irrevocable instructions directing the timely giving of
such notice and directing the payment of the principal of and interest on all Bonds at such
redemption dates shall have been given to the Paying Agent;
(c) Bonds which are deemed paid pursuant to Section 5.G hereof; and
(d) Bonds in exchange for or in lieu of which other Bonds have been
authenticated and delivered pursuant to this Resolution.
"Paying Agent" means U.S. Bank National Association, and any other agent which is an
Authorized Depository, designated from time to time by the City, by resolution, to serve as a
Paying Agent for the Bonds issued hereunder that shall have agreed to arrange for the timely
payment of the principal of, interest on and redemption premium, if any, with respect to the
Bonds to the registered owners thereof, from funds made available therefor by the City.
"Preliminary Official Statement" means the Preliminary Official Statement with respect
to the issuance of the Bonds.
"Refunded Bonds" means the portion of the Series 2000 General Obligation Bonds
and/or the Series 2003 General Obligation Bonds to be refunded in accordance with the
provisions of this Resolution.
"Resolution" means this resolution authorizing the issuance of the Bonds, as amended
from time to time to the extent permitted hereby.
"Underwriters" means Morgan Keegan & Company, Inc., Estrada, Hinojosa & Company,
Inc. and First Southwest Company.
Words in this Resolution importing singular numbers shall include the plural number in
each case and vice versa, and words importing persons shall include firms, corporations or other
entities including governments or governmental bodies. Words of the masculine gender shall be
deemed and construed to include correlative words of the feminine and neuter genders.
SECTION2. FINDINGS AND DETERMINATIONS. It is hereby ascertained,
determined and declared that:
A. The recitals to this Resolution are hereby incorporated herein as findings and
determinations.
B. The City is authorized under the Act to issue general obligation refunding bonds
to provide for the payment of the principal of and interest on the Refunded Bonds.
C. The principal amount of the Bonds shall not exceed an amount sufficient to pay
the sum of the principal amount of the Refunded Bonds, the aggregate amount of unmatured
interest payable on the Refunded Bonds to and including the date that they mature, are prepaid or
are called for redemption, as applicable, and the costs of issuance of the Bonds, all in accordance
with Section 132.35, Florida Statutes.
D. The sum of the present value of the total payments of principal and interest to -
become due on the Bonds (excluding all such principal and interest payments, if any, as will be
made with moneys held by the Escrow Agent under the Escrow Deposit Agreement) and the
present value of costs of issuance of the Bonds, if any, not paid with proceeds of the Bonds, will
be less than the present value of the principal and interest payments to become due at their stated
maturities, or earlier mandatory redemption dates, on the Refunded Bonds.
E. The Bonds shall be issued at a lower net average interest cost rate than the net
average interest cost rate of the Refunded Bonds, and the rate of interest borne by the Bonds
shall not exceed the maximum interest rate established pursuant to the terms of Section 21 5.84,
Florida Statutes. It is estimated that the present value of the total debt service savings anticipated
to accrue to the City from the issuance of the Bonds and the refunding of the Refunded Bonds,
calculated in accordance with Section 132.35(2), Florida Statutes, shall be at least three percent
(3 .OO%).
F. The Bonds shall in no event mature later than September 1, 2033, which is not
later than forty (40) years after the date of issuance of either the Series 2000 General Obligation
Bonds or the Series 2003 General Obligation Bonds.
G. The first installment of principal of the Bonds shall mature, or be subject to
mandatory redemption, not later than the date of the first stated maturity of the Refunded Bonds
next following the date of issuance of the Bonds.
H. The Bonds shall not be issued until such time as the Chief Financial Officer shall
have filed a certificate with the Commission setting forth the present value of the total debt
service savings which will result from the issuance of the Bonds to refund the Refunded Bonds,
computed in accordance with the terms of Section 132.35, Florida Statutes, and demonstrating
mathematically that the Bonds are issued at a lower net average interest cost rate than the net
average interest cost rate borne by the Refunded Bonds.
I. Neither the execution and delivery of an escrow deposit agreement nor the
appointment of an escrow agent is required in connection with the refunding of the Series 2000
General Obligation Bonds constituting Refunded Bonds since the Gulf Breeze Loans will be
prepaid on the date of issuance of the Bonds.
J. The execution and delivery by the Mayor of the Mayor's Certificate and the
Escrow Deposit Agreement shall be conclusive evidence of the City's approval of all matters
delegated to the Mayor under this Resolution.
K. Due to current favorable market conditions, the uncertainty inherent in a
competitive bidding process and the recommendations of the Financial Advisor, the sale of the
Bonds on the basis of negotiated sale rather than a sale by competitive bid is found to be in the
best interest of the City and is hereby authorized.
SECTION 3. CONTRACT. In consideration of the acceptance of the Bonds authorized
to be issued hereunder by those who shall hold the same from time to time, this Resolution shall
be deemed to be and shall constitute a contract between the City, the Bondholders, the Paying
Agent and the Bond Registrar. The covenants and agreements herein set forth to be performed - ~
by the City shall be for the equal benefit, protection and security of the Bondholders, and all
Bonds shall be of equal rank and without preference, priority or distinction over any other
thereof, except as expressly provided herein.
SECTION 4. AUTHORIZATION OF THE BONDS; SALE AND AWARD OF THE
BONDS.
A. Subject and pursuant to the provisions hereof, general obligation refunding bonds
of the City to be known as "City of Miami Beach, Florida, General Obligation Refunding Bonds,
Series 201 1" are hereby authorized to be issued in an aggregate principal amount not to exceed
Sixty Seven Million Dollars ($67,000,000) for the purpose of refunding the Refunded Bonds and
paying the costs of issuance of the Bonds. The Mayor, upon the recommendations of the Chief
Financial Officer and the Financial Advisor, shall determine the aggregate principal amount of
the Bonds to be issued and may determine to issue the Bonds at one time or as needed, such
determinations to be evidenced in the Mayor's Certificate. The Bonds shall not be issued unless
the issuance thereof and the refunding of the Refunded Bonds results in a total present value debt
service savings on the Refunded Bonds of at least three percent (3.00%).
B. Upon compliance by the Underwriters with the requirements of Florida Statutes,
Section 218.385, the Mayor is hereby authorized, after consultation with the Chief Financial
Officer and the Financial Advisor, to award the Bonds to the Underwriters and the Mayor to
execute and deliver the Bond Purchase Agreement, in substantially the form presented at the
meeting at which this Resolution was considered, subject to such changes, insertions and
omissions and such filling-in of blanks therein as may be necessary to evidence the terms of the
Bonds and such additional changes as may be approved by the Mayor, after consultation with the
Chief Financial Officer and the City Attorney. The underwriting discount (which does not
include original issue discount) for the Bonds shall be determined by the Mayor, after
consultation with the Chief Financial Officer and the Financial Advisor, but shall not be more
than 1% of the principal amount of the Bonds. The execution and delivery of the Bond Purchase
Agreement by the Mayor, for and on behalf of the City, shall be conclusive evidence of the
approval of such officer and the City of any such changes, insertions, omissions or filling-in of
blanks.
SECTION 5. TERMS, REDEMPTION AND FORM OF BONDS.
A. The Bonds shall be issued as fully registered bonds in the denomination of $5,000
each or any integral multiple thereof and shall be numbered consecutively from 1 upward
preceded by the letter "R". The principal of and redemption premium, if any, on the Bonds shall
be payable upon presentation and surrender at the designated corporate trust office of the Paying
Agent. Interest on the Bonds shall be paid by check or draft drawn upon the Paying Agent and
mailed to the registered owners of the Bonds at the addresses as they appear on the registration
books maintained by the Bond Registrar at the close of business on the 15th day (whether or not
a business day) of the month next preceding the interest payment date (the "Record Date"),
irrespective of any transfer or exchange of such Bonds subsequent to such Record Date and prior
to such interest payment date, unless the City shall be in default in payment of interest due on
such interest payment date; provided, however, that (i) if ownership of Bonds is maintained in a
book-entry only system by a securities depository, such payment may be made by automatic
funds transfer (wire) to such securities depository or its nominee or (ii) if such Bonds are not -.
maintained in a book-entry only system by a securities depository, upon written request of the
holder of $1,000,000 or more in principal amount of Bonds, such payments may be made by
wire transfer to the bank and bank account specified in writing by such holder on or prior to the
Record Date (such bank being a bank within the continental United States), if such holder has
advanced to the Paying Agent the amount necessary to pay the cost of such wire transfer or
authorized the Paying Agent to deduct the cost of such wire transfer from the payment due such
holder. In the event of any default in the payment of interest, such defaulted interest shall be
payable to the persons in whose names such Bonds are registered at the close of business on a
special record date for the payment of such defaulted interest as established by notice deposited
in the U.S. mails, postage prepaid, by the Paying Agent to the registered owners of the Bonds not
less than fifteen (1 5) days preceding such special record date. Such notice shall be mailed to the
persons in whose names the Bonds are registered at the close of business on the fifth (5th) day
(whether or not a business day) preceding the date of mailing.
B. Prior to the issuance of the Bonds the Mayor shall execute the Mayor's
Certificate, after consultation with the Chief Financial Officer and the Financial Advisor, setting
forth certain terms of the Bonds including, but not limited to: the dated date of the Bonds,
interest payment dates, interest rates, maturities, but not later than September 1, 2033, sinking
fund installments, if any, and any redemption provisions.
C, The Bonds shall be executed in the name of the City by the Mayor and the seal of
the City shall be imprinted, reproduced or lithographed on the Bonds and attested to by the City
Clerk. The signatures of the Mayor and the City Clerk on the Bonds may be by facsimile. If any
officer whose signature appears on the Bonds ceases to hold office before the delivery of the
Bonds, his or her signature shall nevertheless be valid and sufficient for all purposes. In
addition, any Bond may bear the signature of, or may be signed by, such persons as at the actual
time of execution of such Bond shall be the proper officers to sign such Bond although at the
date of such Bond or the date of delivery thereof such persons may not have been such officers.
Only such of the Bonds as shall have endorsed thereon a certificate of authentication
substantially in the form hereinafter set forth in Section 5.K. hereof, duly manually executed by
the Bond Registrar, shall be entitled to any right or benefit under this Resolution. No Bond shall
be valid or obligatory for any purpose unless and until such certificate of authentication shall
have been duly executed by the Bond Registrar, and such certificate of the Bond Registrar upon
any such Bond shall be conclusive evidence that such Bond has been duly authenticated and
delivered under this Resolution. The Bond Registrar's certificate of authentication on any Bond
shall be deemed to have been duly executed if signed by an authorized officer of the Bond
Registrar, but it shall not be necessary that the same officer sign the certificate of authentication
on all of the Bonds that may be issued hereunder at any one time.
D. Any Bond may be transferred upon the registration books maintained by the Bond
Registrar upon delivery thereof to the designated corporate trust office of the Bond Registrar
accompanied by a written instrument or instruments of transfer in form and with guaranty of
signature satisfactory to the Bond Registrar, duly executed by the Bondholder or his attorney-in-
fact or legal representative, containing written instructions as to the details of the transfer of such
Bond, along with the social security number or federal employer identification number of such
transferee. In all cases of a transfer of a Bond, the Bond Registrar shall at the earliest practical
time in accordance with the terms hereof enter the transfer of ownership in the registration books
and shall deliver in the name of the new transferee or transferees a new fully registered Bond or
Bonds of the same maturity and of authorized denomination or denominations, for the same
aggregate principal amount and payable from the same source of funds. Bonds may be
exchanged at the office of the Bond Registrar for a like aggregate principal amount of Bonds, of
other authorized denominations of the same maturity. The City and the Bond Registrar may
charge the Bondholder for the registration of every transfer or exchange of a Bond an amount
sufficient to reimburse them for any tax, fee or any other governmental charge required (other
than by the City) to be paid with respect to the registration of such transfer or exchange, and may
require that such amounts be paid before any such new Bond shall be delivered.
The City, the Paying Agent and the Bond Registrar may deem and treat the registered
owner of any Bond as the absolute owner of such Bond for the purpose of receiving payment of
the principal thereof and the interest and redemption premium, if any, thereon.
E. If any Bond is mutilated, destroyed, stolen or lost, the City or its agent may, in its
discretion (i) deliver a duplicate replacement Bond, or (ii) pay a Bond that has matured or is
about to mature. A mutilated Bond shall be surrendered to and cancelled by the Bond Registrar.
The Bondholder must furnish the City and the Bond Registrar proof of ownership of any
destroyed, stolen or lost Bond; post satisfactory indemnity; comply with any reasonable
conditions the City and the Bond Registrar may prescribe; and pay the City's and the Bond
Registrar's reasonable expenses.
Any such duplicate Bond shall constitute an original contractual obligation on the part of
the City whether or not the destroyed, stolen or lost Bond be at any time found by anyone, and
such duplicate Bond shall be entitled to equal and proportionate benefits and rights as to lien on,
and source of payment of and security for payment from, the funds pledged to the payment of the
Bond so mutilated, destroyed, or stolen or lost.
F. The Bonds shall be subject to redemption prior to their maturity at such times and
in such manner as may be set forth in the Mayor's Certificate. Notice of redemption shall be
given by deposit in the U.S. mails of a copy of a redemption notice, postage prepaid, at least
thirty (30) and not more than sixty (60) days before the redemption date to all registered owners
of the Bonds or portions of the Bonds to be redeemed at their addresses as they appear on the
registration books to be maintained in accordance with the provisions hereof. Failure to mail any
such notice to a registered owner of a Bond, or any defect therein, shall not affect the validity of
the proceedings for redemption of any Bond or portion thereof with respect to which no failure
or defect occurred.
Such notice shall set forth the date fixed for redemption, the rate of interest borne by each
Bond being redeemed, the name and address of the Paying Agent and the Bond Registrar, the
redemption price to be paid and, if less than all of the Bonds then outstanding shall be called for
redemption, the distinctive numbers and letters, including CUSIP numbers, if any, of such Bonds
to be redeemed and, in the case of Bonds to be redeemed in part only, the portion of the principal
amount thereof to be redeemed. If any Bond is to be redeemed in part only, the notice of
redemption which relates to such Bond shall also state that on or after the redemption date, upon
surrender of such Bond, a new Bond or Bonds in a principal amount equal to the unredeemed
portion of such Bond will be issued. If the optional redemption of any of the Bonds is
conditioned upon the receipt of sufficient moneys, the notice of redemption which relates to such
Bonds shall also state that the redemption is so conditioned.
Any notice mailed as provided in this section shall be conclusively presumed to have
been duly given, whether or not the owner of such Bond receives such notice.
The Bond Registrar shall not be required to transfer or exchange any Bond after the
mailing of a notice of redemption nor during the period of fifteen (15) days next preceding
mailing of a notice of redemption.
G. Notice having been given in the manner and under the conditions provided in the
first three paragraphs of Section 5.F. above, the Bonds or portions of Bonds so called for
redemption shall, on the redemption date designated in such notice, become and be due and
payable at the redemption price provided for redemption for such Bonds or portions of Bonds on
such date; provided, however, that Bonds or portions of Bonds called for optional redemption
and which redemption is conditioned upon the receipt of sufficient moneys, shall not become due
and payable on the redemption date if sufficient moneys to pay the redemption price of such
Bonds or portions of such Bonds have not been received by the Paying Agent on or prior to the
redemption date. On the date so designated for redemption, moneys for payment of the
redemption price being held in separate accounts by the Paying Agent or other Authorized
Depository in trust for the registered owners of the Bonds or portions thereof to be redeemed, all
as provided in this Resolution, interest on the Bonds or portions of Bonds so called for
redemption shall cease to accrue, such Bonds and portions of Bonds shall cease to be entitled to
any lien, benefit or security under this Resolution and shall be deemed paid hereunder, and the
registered owners of such Bonds or portions of Bonds shall have no right in respect thereof
except to receive payment of the redemption price thereof and, to the extent provided in the next
subsection, to receive Bonds for any unredeemed portions of the Bonds.
H. In case part but not all of an outstanding fully registered Bond shall be selected
for redemption, the registered owners thereof shall present and surrender such Bond to the
Paying Agent for payment of the principal amount thereof so called for redemption, and the City
shall execute and deliver to or upon the order of such registered owner, without charge therefor,
for the unredeemed balance of the principal amount of the Bonds so surrendered, a Bond or
Bonds fully registered as to principal and interest.
I. Bonds or portions of Bonds that have been duly called for redemption under the
provisions hereof, or as to which irrevocable instructions to call for redemption have been given
by the City, and with respect to which amounts (including Government Obligations) sufficient to
pay the principal of, redemption premium, if any, and interest to the date fixed for redemption
shall be delivered to and held in separate trust accounts by an escrow agent, any Authorized
Depository or the Paying Agent in trust for the registered owners thereof, as provided in this
Resolution, shall not be deemed to be Outstanding under the provisions of this Resolution and
shall cease to be entitled to any lien, benefit or security under this Resolution, except to receive
the payment of the redemption price on or after the designated date of redemption from moneys
deposited with or held by the escrow agent, Authorized Depository or Paying Agent, as the case
may be, for such redemption of the Bonds and, to the extent provided in the preceding
subsection, to receive Bonds for any unredeemed portion of the Bonds.
J. If the date for payment of the principal of, redemption premium, if any, or interest
on the Bonds shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in
the city where the corporate trust office of the Paying Agent is located are authorized by law or
executive order to close, then the date for such payment shall be the next succeeding day which
is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are
authorized to close, and payment on such day shall have the same force and effect as if made on
the nominal date of payment.
K. The text of the Bonds, the authentication certificate to be endorsed thereon and
the form of assignment for such Bonds shall be substantially in the following form, with such
omissions, insertions and variations as may be necessary or desirable and authorized by this
Resolution or as may be approved and made by the officers of the City executing the same, such
execution to be conclusive evidence of such approval, including, without limitation, such
changes as may be required for the issuance of uncertificated public obligations:
[Form of Bond]
No. R-
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF MIAMI BEACH, FLORIDA
GENERAL OBLIGATION REFUNDING BOND, SERIES 201 1
Interest Rate: Maturity Date: Original Dated Date: CUSIP NO:
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
The City of Miami Beach, Florida (hereinafter called the "City"), for value received,
hereby promises to pay to the Registered Owner identified above, or to registered assigns or legal
representatives, to the extent and from the sources provided therefor, as described herein, on the
Maturity Date identified above (or earlier as hereinafter provided), the Principal Amount
identified above, upon presentation and surrender hereof at the designated corporate trust office
of U.S. Bank National Association, in Miami, Florida, as the Paying Agent for the Bonds, or any
successor Paying Agent appointed by the City pursuant to the Resolution hereinafter referred to,
and to pay, to the extent and from the sources herein described, interest on the principal sum
from the date hereof, or from the most recent interest payment date to which interest has been
paid, at the Interest Rate per annum identified above, until payment of the Principal Amount, or
until provision for the payment thereof has been duly provided for, such interest being payable
semiannually on the first day of and the first day of of each year,
commencing on 1, - , Interest will be paid by check or draft mailed to the
Registered Owner hereof at his address as it appears on the registration books of the City
maintained by U.S. Bank National Association, as the Bond Registrar for the Bonds, at the close
of business on the fifteenth (15th) day (whether or not a business day) of the month next
preceding the interest payment date (the "Record Date"), irrespective of any transfer or exchange
of such Bond subsequent to each Record Date and prior to such interest payment date, unless the
City shall be in default in payment of interest due on such interest payment date. In the event of
any such default, such defaulted interest shall be payable to the person in whose name such Bond
is registered at the close of business on a special record date for the payment of such defaulted
interest as established by notice by deposit in the U.S. mails, postage prepaid, by the Bond
Registrar to the Registered Owners of Bonds not less than fifteen (15) days preceding such
special record date. Such notice shall be mailed to the persons in whose names the Bonds are
registered at the close of business on the fifth (5th) day (whether or not a business day) preceding
the date of mailing.
This Bond is one of an authorized issue of bonds in the aggregate principal amount of
$ (the "Bonds") of like date, tenor and effect, except as to number, maturity and
interest rate, issued to provide for the refunding of [$ principal amount of Series
2000 General Obligation Bonds and $ principal amount of Series 2003 General
Obligation Bonds (as such terms are defined in the Resolution)], pursuant to the authority of and
in full compliance with the Constitution and laws of the State of Florida, including particularly
Article VII, Section 12 of the Constitution, Chapter 166, Florida Statutes, as amended, Sections
132.33 - 132.47, Florida Statutes, as amended, and the Charter of the City, as amended, and
Resolution No. duly adopted by the City Commission of the City on ,201 1
(the "Resolution"), and other applicable provisions of law. This Bond is subject to all the terms
and conditions of the Resolution, and capitalized terms not otherwise defined herein shall have
the same meanings ascribed to them in the Resolution.
The full faith, credit and taxing power of the City are irrevocably pledged to the punctual
payment of the principal of and interest on the Bonds, as the same shall become due and payable.
Reference is made to the Resolution for the provisions, among others, relating to the terms, lien
and security for the Bonds, the custody and application of the proceeds of the Bonds, the rights
and remedies of the holders of the Bonds, and the extent of and limitations on the City's rights,
duties and obligations, to all of which provisions the registered owner hereof assents by
acceptance hereof.
The Bonds maturing 1, 20- are subject to mandatory redemption prior to
maturity, in part and selected by lot, at a redemption price of 100% of the principal amount
thereof on 1, - and on each 1 thereafter in the following
principal amounts:
Principal Amount
* Maturity.
The Bonds maturing on or after , 20- shall be further subject to
redemption prior to their maturity, at the option of the City, on or after ,20-,
as a whole or in part at any time, and if in part as selected by the City among maturities and by
lot within a maturity, at a redemption price of 100% of the principal amount thereof plus accrued
interest from the most recent interest payment date to the redemption date.
Notice of call for redemption is to be given by mailing a copy of the redemption notice
by US. mail at least thirty (30) but not more than sixty (60) days prior to the date fixed for
redemption to the registered owner of each Bond to be redeemed at the address shown on the
registration books maintained by the Bond Registrar, or any successor Bond Registrar appointed
by the City, as more specifically provided in the Resolution. Failure to give such notice by
mailing to any Bondholder, or any defect therein, shall not affect the validity of the proceedings
for the redemption of any Bond or portion thereof with respect to which no such failure or defect
has occurred. All such Bonds called for redemption and for the retirement of which funds are
duly provided will cease to bear interest on such redemption date.
This Bond may be transferred upon the registration books of the City upon delivery
thereof to the designated corporate trust office of the Bond Registrar accompanied by a written
instrument or instruments of transfer in form and with guaranty of signature satisfactory to the
Bond Registrar, duly executed by the registered owner of this Bond or by his attorney-in-fact or
legal representative, containing written instructions as to the details of transfer of this Bond,
along with the social security number or federal employer identification number of such
transferee. In all cases of a transfer of a Bond, the Bond Registrar shall at the earliest practical
time in accordance with the provisions of the Resolution enter the transfer of ownership in the
registration books and shall deliver in the name of the new transferee or transferees a new fully
registered Bond or Bonds of the same maturity and of authorized denomination or
denominations, for the same aggregate principal amount and payable from the same source of
funds. Bonds may be exchanged at the office of the Bond Registrar for a like aggregate principal
amount of Bonds, of authorized denominations of the same series and maturity. The City and the
Bond Registrar may charge the owner of such Bond for the registration of every transfer or
exchange of a Bond an amount sufficient to reimburse them for any tax, fee or any other
charge required (other than by the City) to be paid with respect to the registration
of such transfer or exchange, and may require that such amounts be paid before any such new
Bond shall be delivered.
If the date for payment of the principal of, redemption premium, if any, or interest on this
Bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the
city where the corporate trust office of the Paying Agent is located are authorized by law or
executive order to close, then the date for such payment shall be the next succeeding day which
is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are
authorized to close, and payment on such day shall have the same force and effect as if made on
the nominal date of payment.
It is hereby certified and recited that this Bond is authorized by and is issued in
conformity with the requirements of the Constitution and statutes of the State of Florida; that all
acts, conditions and things required to exist, to happen, and to be performed precedent to the
issuance of this Bond exist, have happened and have been performed in regular and due form and
time as required by the laws and Constitution of the State of Florida applicable hereto; that the
issuance of the Bonds of this issue does not violate any constitutional or statutory limitation or
provision; that due provision has been made for the levy and collection of an annual tax, without
limitation as to rate or amount, in addition to all other taxes, upon all taxable property within the
corporate limits of the City (excluding exemptions as provided by applicable law), sufficient to
pay the principal of and interest on the Bonds as the same shall become due and payable, which
tax shall be assessed, levied and collected at the same time and in the same manner as other taxes
are assessed, levied and collected within the corporate limits of the City; and that the full faith,
credit and taxing power of the City are pledged to the punctual payment of the principal of and
interest on the Bonds, as the same shall become due and payable.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication endorsed hereon
shall have been manually signed by the Bond Registrar.
IN WITNESS WHEREOF, the City of Miami Beach, Florida, has issued this Bond and
has caused the same to be signed by its Mayor and attested by its City Clerk, either manually or
with their facsimile signatures, and its seal to be affixed hereto or a facsimile of its seal to be
reproduced hereon.
CITY OF MIAMI BEACH, FLORIDA
(SEAL)
ATTEST:
By:
Mayor
By:
City Clerk
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds designated in and executed under the provisions of the
within mentioned Resolution.
U.S. BANK NATIONAL ASSOCIATION,
As Bond Registrar
By:
Authorized Signatory
Date of Authentication:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned (the 'Transferor") hereby sells, assigns and
transfers unto (the
"Transferee")
PLEASE INSERT SOCIAL SECURITY OR
OTHER IDENTIFYING NUMBER OF TRANSFEREE
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
as attorney to register the transfer of the within Bond on
the books kept for registration and registration of transfer thereof, with full power of substitution
in the premises.
Date:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed NOTICE: No transfer will be registered and
by a member firm of the New York Stock no new Bond will be issued in the name of the
Exchange or a member firm of any other Transferee, unless the signature(s) to this
recognized national securities exchange or a assignment correspond(s) with the name as it
commercial bank or a trust company. appears upon the face of the within Bond in
every particular, without alteration or
enlargement or any change whatever and the
Social Security or Federal Employer
Identification Number of the Transferee is
supplied.
[End of Form of Bond]
SECTION 6. APPLICATION OF BOND PROCEEDS. The proceeds, including
premium, if any, received from the sale of the Bonds shall be applied by the City, simultaneously
with delivery of the Bonds, as follows:
A. An amount, which together with any other available moneys, is equal to the
principal of and accrued interest on the Series 2000 General Obligation Bonds constituting
Refunded Bonds, shall be paid to, or for the account of, Gulf Breeze and used to prepay the
outstanding principal of and interest on the Gulf Breeze Loans on the date of delivery of the
Bonds.
B. An amount which, together with investment earnings thereon and any other
available moneys, is equal to the principal of and interest on the Series 2003 General Obligation
Bonds constituting Refunded Bonds when due, in accordance with the schedules to be attached
to the Escrow Deposit Agreement, shall be transferred to the Escrow Agent for deposit into the
Escrow Deposit Trust Fund established pursuant to the Escrow Deposit Agreement and shall be
used and applied pursuant to and in the manner described in the Escrow Deposit Agreement to
pay the principal of and interest on the Series 2003 General Obligation Bonds constituting
Refunded Bonds.
C. The remainder of the proceeds shall be deposited in a separate account designated
"City of Miami Beach 201 1 General Obligation Refunding Bonds Cost of Issuance Account"
which is hereby established with the City in an Authorized Depository and shall be disbursed for
payment of expenses incurred in issuing the Bonds and refunding the Refunded Bonds. Any
balance remaining after payment or provision for payment of such expenses has been made shall
be transferred to the Paying Agent for deposit in the account designated "City of Miami Beach
201 1 General Obligation Refunding Bonds Principal and Interest Account" (the "Principal and
Interest Account") and used solely to pay principal of and interest on the Bonds.
SECTION 7. INVESTMENT OF BOND PROCEEDS AND OTHER MONEYS. All
proceeds of the Bonds applied to the refunding of the Series 2003 General Obligation Bonds
constituting Refunded Bonds and other moneys held by the Escrow Agent shall be invested as
provided by the Escrow Deposit Agreement. Proceeds of the Bonds held by the City pursuant to
the provisions of Section 6 above may be invested by the City in such investments as are
permitted by applicable law.
SECTION 8. LEVY OF AD VALOREM TAX; PAYMENT AND PLEDGE. In each
Fiscal Year while any of the Bonds are Outstanding there shall be assessed, levied and collected
a tax, without limitation as to rate or amount, in addition to all other taxes, on all taxable
property within the corporate limits of the City (excluding exemptions as provided by applicable
law), sufficient in amount to pay the principal of and interest on the Bonds as the same shall
become due.
The tax assessed, levied and collected for the security and payment of the Bonds shall be
assessed, levied and collected in the same manner and at the same time as other taxes are
assessed, levied and collected and the proceeds of said tax shall be applied solely to the payment
of the principal of and interest on the Bonds. On or before each interest or principal payment
date for the Bonds, the City shall transfer to the Paying Agent for deposit in the Principal and
Interest Account an amount sufficient to pay the principal of, redemption premium, if any, and
interest on the Bonds then due and payable and the Paying Agent is hereby authorized and
directed to apply such funds to said payment.
The full faith, credit and taxing power of the City are hereby irrevocably pledged to the
punctual payment of the principal of and interest with respect to the Bonds as the same shall
become due and payable.
SECTION 9. COMPLIANCE WITH TAX REQUIREMENTS. The City hereby
covenants and agrees, for the benefit of the holders from time to time of the Bonds, to comply
with the requirements applicable to it contained in the Code to the extent necessary to preserve
the exclusion of interest on the Bonds from gross income for federal income tax purposes.
Specifically, without intending to limit in any way the generality of the foregoing, the City
covenants and agrees:
A. To pay to the United States of America, if required, from any legally available
funds, at the times required pursuant to Section 148(f) of the Code, any rebate amount ("Rebate
Amount") determined pursuant to Section 148(f) of the Code;
B. To maintain and retain all records pertaining to and to be responsible for making
or causing to be made all determinations and calculations of the Rebate Amount and required
payments of the Rebate Amount as shall be necessary to comply with the Code;
C. To refrain from using proceeds from the Bonds in a manner that would cause the
Bonds or any of them, to be classified as private activity bonds under Section 14 1 (a) of the Code;
and
D. To refrain from taking any action that would cause the Bonds, or any of them, to
become arbitrage bonds under Section 148 of the Code.
The City understands that the foregoing covenants impose continuing obligations on the
City to comply with the requirements of the Code so long as such requirements are applicable.
SECTION 10. REFUNDING OF REFUNDED BONDS; ESCROW DEPOSIT
AGREEMENT; APPOINTMENT OF ESCROW AGENT.
A. The refunding and prepayment on the date of issuance of the Bonds of the Series
2000 General Obligation Bonds constituting Refunded Bonds is hereby authorized and approved.
The Mayor, after consultation with the Chief Financial Officer and the Financial Advisor, is
hereby authorized to determine the Series 2000 General Obligation which shall constitute
Refunded Bonds.
B. The refunding, defeasance and, as applicable, redemption of the Series 2003
General Obligation Bonds constituting Refunded Bonds is hereby authorized and approved. The
City hereby irrevocably determines to optionally redeem the Series 2003 General Obligation
Bonds constituting Refunded Bonds which are subject to optional redemption prior to maturity in
accordance with the provisions of Resolution No. 2003-25240 adopted by the Commission on
June 1 1,2003 and the Escrow Deposit Agreement. The Mayor, after consultation with the Chief
Financial Officer and the Financial Advisor, is hereby authorized to determine the Series 2003
General Obligation Bonds which shall constitute Refunded Bonds and the date of redemption of
such Refunded Bonds which are subject to optional redemption prior to maturity.
In order to provide for the defeasance, payment and, as applicable, redemption of the
Series 2003 General Obligation Bonds constituting Refunded Bonds, the Mayor and the City
Clerk are hereby authorized and directed, in the name and on behalf of the City, to execute and
deliver the Escrow Deposit Agreement, in substantially the form presented at the meeting at
which this Resolution was considered, subject to such changes, modifications, insertions and
omissions and such filling-in of blanks therein as may be approved by the Mayor, after
consultation with the Chief Financial Officer and the City Attorney. The investment of a portion
of the proceeds of the Bonds and any other available moneys in order to provide for the
defeasance, payment and, as applicable, redemption of the Series 2003 General Obligation
Bonds constituting Refunded Bonds in accordance with the provisions of the Escrow Deposit
Agreement is hereby authorized and approved. The execution of the Escrow Deposit Agreement
by the Mayor and City Clerk, for and on behalf of the City, shall be conclusive evidence of the
City's approval of the Series 2003 General Obligation Bonds constituting Refunded Bonds, the
date of redemption of the Series 2003 General Obligation Bonds constituting Refunded Bonds
which are subject to optional redemption prior to maturity, the Escrow Deposit Agreement and
the investment of a portion of the proceeds of the Bonds and any other available moneys
thereunder.
U.S. Bank National Association is hereby appointed the Escrow Agent under the Escrow
Deposit Agreement.
SECTION 1 1. APPOINTMENT OF PAYING AGENT AND BOND REGISTRAR.
A. U.S. Bank National Association, is hereby appointed the Paying Agent and Bond
Registrar for the Bonds. The Chief Financial Officer, after consultation with the City Attorney,
is hereby authorized to enter into any necessary agreements in connection with the appointment
of the Paying Agent and the Bond Registrar.
B. The recitals of facts contained herein and in the Bonds shall be taken as the
statements of the City and neither the Paying Agent nor the Bond Registrar assumes any
responsibility for the correctness of the same. Neither the Paying Agent nor the Bond Registrar
makes any representation as to the validity or sufficiency of this Resolution or of any Bonds
issued thereunder or as to the security afforded by this Resolution, and neither shall incur any
liability in respect thereof. The Bond Registrar shall, however, be responsible for its
representation contained in its certificate of authentication of the Bonds. The Paying Agent shall
be entitled to rely upon the directions of the Chief Financial Officer in the investment of
proceeds of the Bonds and other moneys under this Resolution and neither the Paying Agent nor
the Bond Registrar shall be responsible with respect to the application of money paid by it in
accordance with the provisions of this Resolution. Neither the Paying Agent nor the Bond
Registrar shall be under any obligation or duty to take any action constituting enforcement of the
covenants of the City under this Resolution, which would involve it in expense or liability, or to
institute or defend any suit in respect thereof, or to advance any of its own moneys, unless
properly indemnified. Neither the Paying Agent nor the Bond Registrar shall be liable in
connection with the performance of its duties hereunder except for its own negligence,
misconduct or default.
C. The City shall agree to pay the Paying Agent and the Bond Registrar reasonable
compensation for all services rendered by each of them under this Resolution, and also all
reasonable expenses, charges, counsel fees and other disbursements, including those of its
attorneys, agents and employees, incurred in and about the performance of their powers and
duties under this Resolution.
SECTION 12. PRELIMINARY OFFICIAL STATEMENT; OFFICIAL STATEMENT.
The use of the Preliminary Official Statement in connection with the issuance of the Bonds is
hereby authorized. The Preliminary Official Statement in substantially the form presented at the
meeting at which this Resolution was considered is hereby approved with such changes,
modifications, insertions and omissions and such filling-in of blanks therein as may be approved
by the Mayor, after consultation with the Chief Financial Officer and the City Attorney. The
Mayor and the City Manager are hereby authorized to approve and execute, on behalf of the
City, the Official Statement relating to the Bonds substantially in the form of the Preliminary
Official Statement, with such changes from the Preliminary Official Statement, as the Mayor and
the Chief Financial Officer, after consultation with the City Attorney, may approve, such
execution to be conclusive evidence of such approval. The Mayor or her designee, after
consultation with the Chief Financial Officer and the City Attorney, is hereby authorized to make
any necessary certifications regarding a near final or deemed final Preliminary Official Statement
if and to the extent required by Rule 15~2-12 of the Securities and Exchange Commission (the
"Rule").
SECTION 13. CONTINUING DISCLOSURE. For the benefit of the registered owners
and beneficial owners from time to time of the Bonds, the City agrees, in accordance with and as
the only obligated person with respect to the Bonds under the Rule, to provide or cause to be
provided certain financial information and operating data, financial statements and notices, in
such manner, as may be required for purposes of paragraph (b)(5) of the Rule. In order to
describe and specify the terms of the City's continuing disclosure agreement, including
provisions for enforcement, amendment and termination, the Chief Financial Officer is hereby
authorized and directed to execute and deliver, in the name and on behalf of the City, the
Continuing Disclosure Agreement, in substantially the form presented at the meeting at which
this Resolution was considered, with such changes, modifications, insertions and omissions and
such filling-in of blanks therein as may be approved by the Chief Financial Officer, after
consultation with the City Attorney. Digital Assurance Certification, L.L.C., is hereby appointed
as the Disclosure Dissemination Agent under the Continuing Disclosure Agreement. The
execution of the Continuing Disclosure Agreement by the Mayor, for and on behalf of the City,
shall be conclusive evidence of the City's approval of the Continuing Disclosure Agreement.
Notwithstanding any other provisions of this Resolution, any failure by the City to comply with
any provisions of the Continuing Disclosure Agreement or this Section 13 shall not constitute a
default under this Resolution and the remedies therefor shall be solely as provided in the
Continuing Disclosure Agreement.
The Chief Financial Officer is further authorized to establish procedures in order to
ensure compliance by the City with the Continuing Disclosure Agreement, including the timely
provision of information and notices. Prior to making any filing in accordance with such
agreement, the Chief Financial Officer may consult with the City Attorney. The Chief Financial
Officer, acting in the name and on behalf of the City, shall be entitled to rely upon any legal
advice provided by the City Attorney in determining whether a filing should be made.
SECTION 14. GULF BREEZE LOAN AMENDMENTS. In connection with the
refunding of the Series 2000 General Obligation Bonds to be refunded and the prepayment of the
Gulf Breeze Loans, the Mayor and the City Clerk are hereby authorized and directed, in the
name and on behalf of the City, to execute and deliver the Gulf Breeze Loan Amendments, in
substantially the forms presented at the meeting at which this Resolution was considered, subject
to such changes, modifications, insertions and omissions and such filling-in of blanks therein as
may be approved by the Mayor, after consultation with the Chief Financial Officer and the City
Attorney. The execution of the Gulf Breeze Loan Amendments by the Mayor and the City
Clerk, for and on behalf of the City, shall be conclusive evidence of the City's approval of the
Gulf Breeze Loan Amendments.
SECTION 15. FURTHER AUTHORIZATIONS. The Mayor, the Chief Financial
Officer, the City Attorney and the City Clerk, or any of them and such other officers and
employees of the City as may be designated by the Mayor are each designated as agents of the
City in connection with the issuance and delivery of the Bonds and the refunding of the -.
Refunded Bonds and are authorized and empowered, collectively or individually, to take all
actions and steps and to execute all instruments, documents and contracts on behalf of the City
that are necessary or desirable in connection with the execution and delivery of the Bonds and
the refunding of the Refunded Bonds, and which are specifically authorized or are not
inconsistent with the terms and provisions of this Resolution or any action relating to the Bonds
heretofore taken by the City. Such officers and those so designated are hereby charged with the
responsibility for the issuance of the Bonds and the refunding of the Refunded Bonds.
SECTION 16. MODIFICATION OR AMENDMENT. After the issuance of the Bonds,
no modification or amendment of this Resolution or of any resolution amendatory hereof or
supplemental hereto materially adverse to the Bondholders may be made without the consent in
writing of the registered owners of not less than a majority in aggregate principal amount of the
Outstanding Bonds, but no modification or amendment shall permit a change (a) in the maturity
of the Bonds or a reduction in the rate of interest thereon, (b) in the amount of the principal
obligation of any Bond, (c) that would affect the unconditional promise of the City to levy and
collect taxes as herein provided, or (d) that would reduce such percentage of registered owners of
the Bonds required above for such modifications or amendments, without the consent of all of
the Bondholders. For the purpose of Bondholders' voting rights or consents, the Bonds owned
by or held for the account of the City, directly or indirectly, shall not be counted.
SECTION 17. DEFEASANCE AND RELEASE. If, at any time after the date of
issuance of the Bonds (a) all Bonds secured hereby or any maturity thereof shall have become
due and payable in accordance with their terms or otherwise as provided in this Resolution, or
shall have been duly called for redemption, or the City shall have given irrevocable instructions
directing the payment of the principal of, redemption premium, if any, and interest on such
Bonds at maturity or at any earlier redemption date scheduled by the City, or any combination
thereof, (b) the full amount of the principal, redemption premium, if any, and the interest so due
and payable upon all of such Bonds then Outstanding or any portion of such Bonds, at maturity
or upon redemption, shall be paid, or sufficient moneys or Government Obligations maturing not
later than the maturity or redemption dates of such principal, redemption premium, if any, and
interest, which, together with the income realized on such investments, shall be sufficient to pay
all such principal, redemption premium, if any, and interest on said Bonds at the maturity thereof
or the date upon which such Bonds are to be called for redemption prior to maturity, shall be
held by an escrow agent who shall be an Authorized Depository or the Paying Agent in
irrevocable trust for the benefit of such Bondholders (whether or not in any accounts created
hereby), and (c) provision shall also be made for paying all other sums payable hereunder by the
City, including compensation due the Paying Agent and the Bond Registrar, then and in that case
the right, title and interest of such Bondholders hereunder shall thereupon cease, determine and
become void; otherwise, this Resolution shall be, continue and remain in full force and effect.
Notwithstanding anything in this Section 17 to the contrary, however, the obligations of the City
under Section 9 hereof shall remain in full force and effect until such time as such obligations are
fully satisfied.
SECTION 18. SEVERABILITY. If any one or more of the covenants, agreements or
provisions of this Resolution shall be held contrary to any express provisions of law or contrary
to the policy of express law, though not expressly prohibited, or against public policy, or shall
for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall
be null and void and shall be deemed separate from the remaining covenants, agreements or
provisions of this Resolution or of the Bonds issued hereunder.
SECTION 19. NO THIRD PARTY BENEFICIARIES. Except as herein otherwise
expressly provided, nothing in this Resolution expressed or implied is intended or shall be
construed to confer upon any person, firm or corporation other than the City, the registered
owners of the Bonds, the Paying Agent and the Bond Registrar, any right, remedy or claim, legal
or equitable, under or by reason of this Resolution or any provision hereof, this Resolution and
all its provisions being intended to be and being for the sole and exclusive benefit of the City, the
registered owners from time to time of the Bonds, the Paying Agent and the Bond Registrar.
SECTION 20. CONTROLLING LAW; MEMBERS OF COMMISSION OR CITY NOT
LIABLE. This Resolution shall be governed by and construed in accordance with the laws of the
State of Florida and all covenants, stipulations, obligations and agreements of the City contained
herein shall be deemed to be covenants, stipulations, obligations and agreements of the City to
the full extent authorized by the Act. No covenant, stipulation, obligation or agreement
contained herein shall be deemed to be a covenant, stipulation, obligation or agreement of any
present or future member, agent, independent contractor or employee of the Commission or the
City in his individual capacity, and neither the members of the Commission nor any official
executing the Bonds shall be liable personally on the Bonds or this Resolution or shall be subject
to any personal liability or accountability by reason of the issuance or the execution by the
Commission or such members thereof.
SECTION 2 1. QUALIFICATION FOR THE DEPOSITORY TRUST COMPANY.
Notwithstanding any other provision hereof, the City, the Paying Agent and the Bond Registrar
are hereby authorized to take such actions as may be necessary to qualify the Bonds for deposit
with DTC, including but not limited to those actions as may be set forth in a letter agreement
entered into by and between the City and DTC, wire transfers of interest and principal payments
with respect to the Bonds, utilization of electronic book entry data received from DTC in place
of actual delivery of Bonds and provisions of notices with respect to Bonds registered by DTC
(or any of its designees identified to the City, the Paying Agent or the Bond Registrar) by
overnight delivery, courier service, telegram, telecopy or other similar means of communication.
The Mayor, the City Manager and the Chief Financial Officer is each hereby authorized to
execute and deliver any necessary agreement or other documents with DTC on behalf of the
City.
SECTION 22. EFFECTIVE DATE. This Resolution shall be effective immediately
upon its adoption.
PASSED AND ADOPTED this day of ,2011
(SEAL)
ATTEST:
Mayor
City Clerk
APPROVED AS TO
FORM & LANGUAGE
n 6 FOR EXECUTION
BOND PURCHASE AGREEMENT
$[PRINCIPAL AMOUNT]
CITY OF MIAMI BEACH, FLORIDA
General Obligation Refunding Bonds
Series 201 1
This Bond Purchase Agreement dated 20 1 1 ("Bond Purchase Agreement")
is entered into by and among the following parties (hereinafter individually called a "Party") and
collectively called the "Parties"):
CITY OF MIAMI BEACH, FLORIDA, a validly existing municipal corporation in the
State of Florida (the "City"); and
MORGAN KEEGAN & COMPANY, INC. (the "Managing Underwriter") and
ESTRADA HINOJOSA & COMPANY, INC. and FIRST SOUTHWEST COMPANY
(collectively with the Managing Underwriter, the "Underwriters").
MIA 182,168,756~2 9-29-1 1
TABLE OF CONTENTS
ARTICLE I
DEFINITIONS
........................................................................................................ SECTION 1.1. Participants 1
............................................................. SECTION 1.2. Contracts, Instruments and Documents 1
SECTION 1.3. Legal Authorities .............................................................................................. 2
.............................................. .......................... SECTION 1.4. Events, Dates and Places ... 3 ............................................................................................... SECTION 1.5. Other Definitions 3
ARTICLE I1
REPRESENTATIONS AND COVENANTS
SECTION 2.1.
SECTION 3.1.
SECTION 3.2.
SECTION 3.3.
SECTION 3.4.
SECTION 4.1.
SECTION 4.2.
SECTION 4.3.
SECTION 5.1.
SECTION 5.2.
SECTION 6.1.
SECTION 6.2.
SECTION 6.3.
SECTION 6.4.
SECTION 6.5.
SECTION 6.6.
SECTION 6.7.
SECTION 6.8
SECTION 6.9.
........................................................... Representations and Covenants of City 3
ARTICLE I11
AGREEMENT TO PURCHASE SERIES 201 1 BONDS
Delivery of Documents to Underwriters ........................................................... 7
........................................ Agreement to Sell and Purchase Series 201 1 Bonds -8
................... ................................... Public Offering of Series 201 1 Bonds ... 8
............................................................................................ Good Faith Check 8
ARTICLE IV
CLOSING CONDITIONS
Performance of Obligations .. ........................................................ 9 ...................
................................................................................ Delivery of Closing Papers 9
........................ ................. Form of Closing Papers; Waiver of Conditions .. 11
ARTICLE V
TERMINATION; PAYMENT OF EXPENSES
Termination ..................................................................................................... 11
Payment of Expenses ....................................................................................... 13
ARTICLE VI
MISCELLANEOUS
............................................ Parties In Interest; Survival of Representations 13
......................................................................................................... Notices 14 ................................................................................................... Amendment 14 ................................................................................................ Governing Law 14
Captions .. .................................................................................. 14 .................... ................................................................................................... Counterparts 14
Severability ... ......................................................................... 14 ......................
Rights of Managing Underwriter ................................................................... 15
.......................................... Effective Time of this Bond Purchase Agreement 15
MIA 182.168. 756~2 9-29-1 1
............................ EXHIBIT A Maturities. Amounts. Interest Rates and Price or Yields A-1
.............................................................................. EXHIBIT B Opinion of Bond Counsel B-1
EXHIBIT C Opinion of City Attorney .............................................................................. C-1
................................................................ EXHIBIT D Opinion of Underwriter's Counsel D-1
......................... EXHIBIT E Underwriter's Truth-in-Bonding and Disclosure Statement E-1
MIA 182.168. 756~2 9-29-1 1
ARTICLE I
DEFINITIONS
SECTION 1.1.Participants. In addition to the Parties, various persons and firms will
participate in the financing to which this Bond Purchase Agreement relates. Among them are
those identified below (hereinafter collectively called the "Participants"):
Authorized Partv: The persons duly authorized and legally empowered to
execute documents on behalf of the City.
Bond Counsel: Squire, Sanders & Dempsey (US) LLP, Miami, Florida
Bond Registrar and Paying U.S. Bank National Association
Agent:
Certified Public Accountant: McGladrey & Pullen, LLP
City Attorney: Jose Smith, Esq.
City's Governing Body: Mayor and City Commission
Financial Advisor: RBC Capital Markets, LLC, St. Petersburg, Florida
Underwriters' Counsel: Greenberg Traurig, P.A., Miami, Florida
SECTION 1.2.Contracts, Instruments and Documents. Various contracts, instruments
and documents are involved in the financing to which this Bond Purchase Agreement relates.
Among them are those identified below:
Basic Documents: This Bond Purchase Agreement, the Disclosure
Dissemination Agent Agreement and the Escrow
Deposit Agreement
Arbitrage Certificate: The certificate of the City setting forth its reasonable
expectations regarding the use of the proceeds of the
Series 201 1 Bonds, among other matters.
Closing Papers: Collectively, the certificates, opinions, instruments and
other documents described in Section 4.2 of this Bond
Purchase Agreement.
MIA 182,168,756~2 9-29- 1 1
Disclosure Dissemination The Disclosure Dissemination Agent Agreement
Agent Agreement between the City and Digital Assurance Certification,
L.L.C. relating to the Series 201 1 Bonds.
Escrow Deposit Agreement The Escrow Deposit Agreement between the City and
U.S. Bank National Association, as Escrow Agent,
relating to the refunded Series 2003 General Obligation
Bonds
Financial Statements: The audited general purpose financial statements of the
City in the Preliminary Official Statement and Official
Statement as Appendix B.
Official Statement: The Official Statement (including the Appendices
thereto), dated the date hereof, summarizing the terms
of the Series 201 1 Bonds and other related matters.
Preliminary Official The Preliminary Official Statement (including the
Statement: Appendices thereto), dated , 2011
summarizing the terms of the Series 201 1 Bonds and
related matters.
Series 20 1 1 Bonds: The City's $[PRINCIPAL AMOUNT] General
Obligation Refunding Bonds, Series 20 1 1.
SECTION 1 -3.Leaal Authorities. Various legal authorities are involved in the financing
to which this Bond Purchase Agreement relates. Among them are those identified below:
Bond Resolution: Resolution No. 201 1- adopted by the City's
Governing Body on October 19,20 1 1.
Code: The Internal Revenue Code of 1986, as amended
through and including the Closing Date and, to the
extent applicable, the regulations issued or proposed
pursuant thereto.
Mayor's Certificate: The Certificate of the Mayor of the City dated the
Closing Date, providing for among other matters, the
fixing of the amount of the Series 201 1 Bonds and the
maturities, amortization installments, interest rates, and
redemption provisions of the Series 201 1 Bonds, and
fixing other details of the Series 201 1 Bonds and the
refundings of the Refunded Bonds.
MIA 182,168,756~2 9-29- 1 1
SECTION 1.4.Events, Dates and Places. Various dates and places are significant in the
financing to which this Bond Purchase Agreement relates. Among them are those identified
below:
Closing:
Closing Date:
Closing Time:
Place of Closing:
The consummation of the transaction at which the
Series 201 1 Bonds are delivered by the City to the
Underwriters, and paid for by the Underwriters,
pursuant to this Bond Purchase Agreement.
,201 1 or such other date as the Parties may
agree.
9:00 a.m. Eastern Time or such other time as the Parties
may agree.
Squire, Sanders & Dempsey (US) LLP
200 S. Biscayne Blvd., Suite 4 100
Miami, FL 33 13 1
SECTION 1.5.0ther Definitions. All capitalized terms used and not otherwise defined
herein shall have the meanings ascribed thereto in the Bond Resolution.
ARTICLE I1
REPRESENTATIONS AND COVENANTS
SECTION 2.1.Representations and Covenants of City. As an inducement to the other
Parties to enter into this Bond Purchase Agreement, the City makes the following representations
and covenants, each of which representations shall be true and correct on the date hereof and on
the Closing Date as if such representations were made again at the Closing Time:
(a) The City is a validly existing municipal corporation in the State of Florida.
(b) The Bond Resolution was adopted by the City's Governing Body at a
meeting duly called and held in open session upon requisite prior public notice pursuant
to the laws of the State of Florida and the standing resolutions and rules of procedure of
the City's Governing Body. The City has full right, power and authority to adopt the
Bond Resolution. On the date hereof, the Bond Resolution is, and, at the Closing it shall
be, in full force and effect, and no portions thereof have been or shall have been
supplemented, repealed, rescinded or revoked. The Bond Resolution constitutes the
legal, valid and binding obligation of the City, enforceable in accordance with its terms.
The Bond Resolution creates a valid pledge of the full, faith credit and taxing power of
the City for the payment of the Series 201 1 Bonds.
MIA 782,768,756~2 9-29-7 7
(c) The City has full right, power and authority to enter into, execute and
deliver the Official Statement, the Basic Documents and the Series 201 1 Bonds, and to
perform its obligations under the Basic Documents and as contemplated by the Official
Statement. All permits, consents or licenses, if any, and all notices to or filings necessary
to accomplish the foregoing have been obtained or made. When executed and delivered,
the Basic Documents and the Series 201 1 Bonds shall constitute legal, valid and binding
obligations of the City enforceable in accordance with their respective terms and all
conditions and requirements of the Bond Resolution relating to the issuance of the Series
201 1 Bonds will have been complied with or fulfilled.
(d) The Authorized Party executing the Basic Documents and Official
Statement on behalf of the City is authorized for and in the name of the City to execute,
deliver and perform the obligations of the City under the Basic Documents and as
contemplated by the Official Statement and to execute, deliver, file or record such other
incidental papers, documents and instruments as shall be necessary to carry out the
intention and purposes of the Basic Documents, the Series 201 1 Bonds and the Bond
Resolution. On the Closing Date the Series 201 1 Bonds will be duly executed and
delivered by the City in accordance with the Bond Resolution and will be entitled to all
the benefits and security thereof. Any certificate signed by the Authorized Party shall be
deemed a representation and covenant by the City to the Underwriters as to the
statements made therein.
(e) No authorization, approval, consent or license of any governmental body
or authority, not already obtained, is required for the valid and lawful adoption, execution
and delivery, as applicable, by the City of the Series 201 1 Bonds, the Basic Documents,
the Official Statement and the Bond Resolution and the performance of its obligations
thereunder or as contemplated thereby; provided, however, that no representation is made
concerning compliance with the registration requirements of the federal securities laws or
the securities or Blue Sky laws of the various states.
(f) The adoption, execution and delivery, as applicable, by the City of the
Series 201 1 Bonds, the Basic Documents, the Official Statement and the Bond Resolution
and the performance by the City thereunder or as contemplated thereby is permitted by,
and will not conflict with or constitute a breach of or default under, any existing law,
court or administrative regulation, decree or order or any commitment, indenture,
mortgage, lease, contract, agreement or instrument to which the City is a party, or by
which it or any of its properties are bound or subject. No event has occurred which, with
the lapse of time or the giving of notice or both, would constitute an event of default
under any of the Basic Documents or the Bond Resolution.
(g) The Series 2011 Bonds and the Bond Resolution conform to the
descriptions thereof set forth in the Official Statement.
(h) There is no litigation, administrative proceeding, inquiry or investigation
pending (nor, to the knowledge of the City, is any such action threatened), at law or in
equity, or before or by any court, public board or body, which in any way affects,
contests, questions or seeks to restrain or enjoin any of the following: (i) the powers or
4
MIA 182,168,756~2 9-29-1 1
valid existence of the City or the titles of the members of the City's Governing Body or
its other officers to their respective offices; (ii) any of the proceedings had or actions
taken leading up to the sale, issuance and delivery of the Series 201 1 Bonds or the
execution, delivery or performance of this Bond Purchase Agreement; (iii) the delivery,
validity or enforceability of the Series 201 1 Bonds or any of the Basic Documents or
contesting the power of the City to consummate the transactions contemplated therein
and in the Official Statement; (iv) contesting in any way the completeness or accuracy of
the Official Statement; (v) wherein an unfavorable decision, ruling or finding would
materially and adversely affect the validity or enforceability of the Series 201 1 Bonds,
the Bond Resolution or the Basic Documents; or (vi) which would have a material
adverse effect upon the levy and collection of the ad valorem taxes pledged to the
payment of the Series 201 1 Bonds.
(i) To the knowledge of the City, the City is not on the date hereof, and will
not be on the Closing Date, in default under any instrument to which the City is subject or
by which it or its properties are or may be bound or subject, which default would (i) have
a material adverse effect on the condition of the City, financial or otherwise (other than as
disclosed in the Official Statement) or (ii) otherwise materially affect its ability to
perform its obligations under the Series 201 1 Bonds, the Basic Documents or the Bond
Resolution.
(j) The City has not been advised by the Commissioner, any District Director
or any other official of the Internal Revenue Service that certifications by the City with
respect to arbitrage may not be relied upon.
(k) The City shall apply the proceeds of the sale of the Series 201 1 Bonds in
the manner described in the Official Statement and the Arbitrage Certificate and will not
take or omit to take any action that will in any way cause or result in the proceeds of the
sale of the Series 201 1 Bonds to be applied in a manner other than as described in same.
(1) The Financial Statements have been prepared in accordance with generally
accepted accounting principles applied on a consistent basis with that of the audited
combined financial statements of the City and fairly present the financial condition and
results of the operations of the City at the dates and for the periods indicated.
(m) There has been no material adverse change in the business, properties or
financial condition of the City from that shown in the Financial Statements.
(n) Between the date hereof and the Closing Date (i) the City will not, without
the prior written consent of the Underwriters, issue any bonds, notes or other obligations,
(ii) the City will not incur any material liabilities, direct or contingent, other than those in
the ordinary course of business, and (iii) there will not have been any adverse change of a
material nature in the City's financial position.
(0) Appendices A and B to the Preliminary Official Statement and the Official
Statement and the statements relating to the City, the Series 201 1 Bonds, including the
application of proceeds thereof, and the Bond Resolution set forth in the Preliminary
5
MIA 182,168,756~2 9-29- 11
Official Statement and the Official Statement and the Appendices thereto did not on the
respective dates of the Preliminary Official Statement and the Official Statement and do
not on the date hereof, contain any untrue statement of a material fact or omit to state any
material fact necessary to make the statements therein not misleading. Nothing has come
to the City's attention that would lead it to believe that the Preliminary Official Statement
and Official Statement and the Appendices to such documents contains any untrue
statement of a material fact or omits to state any material fact necessary to make the
statement therein, in the light of the circumstances under which they were made, not
misleading. The City has consented to the use of the Preliminary Official Statement and
the Official Statement by the Underwriters in connection with the public offering of the
Series 20 1 1 Bonds.
(p) The City will hish such information, execute such instruments and take
such other action in cooperation with the Underwriters as the Underwriters may
reasonably request in order to qualify the Series 201 1 Bonds for offer and sale under the
Blue Sky or other securities laws or regulations of such states and other jurisdictions of
the United States as the Underwriters may designate and to determine the eligibility of
the Series 201 1 Bonds for investment under the laws of such states and jurisdictions, and
will undertake its best efforts to continue such qualifications in effect as long as required
for the distribution of any Series 201 1 Bonds, provided that the City will not be required
to qualify to do business, or be subject to service of process in or subject itself to the
jurisdiction of, any state other than the State of Florida.
(q) The City has not, since December 3 1, 1975, been in default in the payment
of principal of, premium, if any, or interest on, or otherwise been in default with respect
to, any bonds, notes, lease purchase arrangements or other obligations which it has
issued, assumed or guaranteed as to payment of principal, premium, if any, or interest,
nor has any other person been in default with respect to payment of principal of,
premium, if any, or interest on any bonds, notes or other obligations which the City has
issued, except, in both cases, as described in the Preliminary Official Statement and the
Official Statement and certain conduit issues which in the opinion of the City would not
be considered material by a reasonable investor and therefore do not have to be disclosed
in the Official Statement under Rule 69W-400.003, Rules of Government Securities,
promulgated under Section 5 17.05 1(1), Florida Statutes.
(r) If between the date hereof and the earlier of: (i) ninety (90) days fkom the
end of the "Underwriting Period" as defined in Securities and Exchange Commission
Rule 15c2- 12 (1 7 CFR 240.15~2- 12) ("Rule 15c2- 12"); or (ii) the time when the Official
Statement is available to any person from a nationally recognized municipal securities
information repository (but in no event less than twenty-five (25) days following the end
of the Underwriting Period), any event shall occur which would or might cause the
information contained in the Official Statement, as then supplemented or amended, to
contain any untrue statement of a material fact or omit to state a material fact necessary to
make the statements therein, in the light of the circumstances under which they were
made, not misleading, the City shall notify the Underwriters thereof, and if in the
reasonable opinion of the Underwriters such event requires the preparation and
publication of a supplement or amendment to the Official Statement, the City will at its
6
MIA 182,168,756~2 9-29- 1 1
expense supplement or amend the Official Statement in a form and in a manner approved
by the Underwriters. The end of the "Underwriting Period" for all purposes of Rule
15c2-12 and this Bond Purchase Agreement is the Closing Date. This covenant shall
survive the Closing.
(s) The City shall deliver, or cause to be delivered, to the Managing
Underwriter copies of the Official Statement dated the date hereof relating to the Series
201 1 Bonds, and shall cause copies of the Official Statement, in sufficient quantity for
the Underwriters to comply with Rule G-32 and all other applicable rules of the
Municipal Securities Rulemaking Board ("MSRB") and Rule 15c2-12, to be available to
the Underwriters within seven (7) business days of the execution of this Bond Purchase
Agreement (but in no event later than the Closing Date) and in sufficient time to
accompany any confirmation that requests payment from any customer of the
Underwriters. Delivery of such copies of the Official Statement as provided above shall
constitute the City's representation that such Official Statement is complete as of the date
of its delivery. The City agrees to deliver to the Underwriters such reasonable quantities
of the Preliminary Official Statement and Official Statement as the Underwriters may
reasonably request for use in connection with the offering and sale of the Series 201 1
Bonds. On or before the Closing Date, the Underwriters shall file, or cause to be filed, the
Official Statement with the MSRB through its Electronic Municipal Market Access
System ("EMMA").
(t) The City acknowledges and agrees that (i) the purchase and sale of the
Series 201 1 Bonds pursuant to this Bond Purchase Agreement is an arm's-length
commercial transaction between the City and the Underwriters, (ii) in connection
therewith and with the discussions, undertakings, and procedures leading up to the
consummation of this transaction, the Underwriters are and have been acting solely as
principals and are not acting as agents or fiduciaries of the City, (iii) the Underwriters
have not assumed an advisory or fiduciary responsibility in favor of the City with respect
to the offering contemplated hereby or the discussions, undertakings, and procedures
leading thereto (regardless of whether the Underwriters have provided other services or
are currently providing other services to the City on other matters) and the Underwriters
have no obligation to the City with respect to the offering contemplated hereby except the
obligations expressly set forth in this Bond Purchase Agreement, and (iv) the City has
consulted its own legal, financial, and other advisors to the extent it has deemed
appropriate.
ARTICLE I11
AGREEMENT TO PURCHASE SERIES 2011 BONDS
SECTION 3.1 .Delivery of Documents to Underwriters. Prior to or simultaneously with
the execution and delivery of this Bond Purchase Agreement, the Underwriters shall have
delivered the Underwriters' Truth-in-Bonding and Disclosure Statement required by law, as set
forth in Exhibit E. As soon as practicable after the date hereof, and in any event within seven (7)
7
MIA 182,168,756~2 9-29-1 1
business days of the date hereof, as required by paragraph (b) (3) of Rule 15(c)2-12 of the
Securities and Exchange Commission ("SEC") or the rules of the Municipal Securities
Rulemaking Board ("MSRB"), the City shall deliver or cause to be delivered to the Managing
Underwriter copies of the Official Statement, dated the date hereof, relating to the Series 201 1
Bonds, in sufficient quantities to allow the Underwriters to comply with paragraph (b) (4) of
Rule 15(c)2-12 of the SEC and the rules of the MSRB, in substantially the form of the
Preliminary Official Statement with only such changes therein as shall have been approved by
the City and the Managing Underwriter. References to the Official Statement shall include the
cover page and all exhibits, appendices, reports and statements included with or attached to it
and any amendments and supplements that may be authorized by the City and to which the
Managing Underwriter does not reasonably object, and any amendments and supplements which
may be reasonably required by the Managing Underwriter for use with respect to the Series 201 1
Bonds. The Official Statement shall be executed on behalf of the City by duly authorized
officers thereof.
The City approves the Preliminary Official Statement, and consents to the use of the
Preliminary Official Statement and the Official Statement and the information contained therein
by the Underwriters in connection with the offering and sale of the Series 201 1 Bonds. The City
deems final the Preliminary Official Statement, as of its date, for purposes of Rule 15(c)(2)-12,
with certain omissions therein in connection with the pricing of the Series 201 1 Bonds.
SECTION 3.2.Agreement to Sell and Purchase Series 201 1 Bonds. The Series 201 1
Bonds shall have the terms specified in the Official Statement, including maturities, amounts,
interest rates, prices or yields and redemption provisions, and such terms as are required to be set
forth herein by the Bond Resolution, all as described on Exhibit A annexed hereto. Upon the
basis of the representations and upon the terms and conditions set forth in this Bond Purchase
Agreement, the Underwriters agree to purchase, and the City agrees to issue, sell and deliver to
the Underwriters, all (but not less than all) of Series 201 1 Bonds for the aggregate purchase price
of $[PURCHASE PRICE] (representing the $[PRINCIPAL AMOUNT] original principal
amount of the Series 20 11 Bonds, [plus $ of net original issue premium] and less
$ of Underwriters' discount) (the "Purchase Price"). Payment of the Purchase Price
shall be made by the Underwriters to the order of the City at the Closing Time in federal or other
immediately available funds. One fully registered Series 201 1 Bond for each maturity, duly
executed and authenticated, shall be delivered to or upon the order of the Underwriters, together
with the other documents hereinafter mentioned, and subject to the terms and conditions hereof,
the Underwriters will accept such delivery and pay the Purchase Price. The Series 201 1 Bonds
shall be registered in the name of Cede & Co.
SECTION 3.3.Public Offering of Series 201 1 Bonds. The Underwriters agree to make a
bona fide public offering of the Series 201 1 Bonds, solely pursuant to the Official Statement, at
the initial offering prices or yields set forth in the Official Statement, reserving, however, the
rights to (i) change such initial offering prices or yields as the Managing Underwriter shall deem
necessary in connection with the marketing of the Series 201 1 Bonds and (ii) offer and sell the
Series 201 1 Bonds to certain dealers (including dealers depositing the Series 201 1 Bonds into
investment trusts) at concessions to be determined by the Managing Underwriter. The
Underwriters also reserve the right to over-allot or effect transactions that stabilize or maintain
MIA 182,168,756V2 9-29- 11
the market prices of the Series 201 1 Bonds at levels above that which might otherwise prevail in
the open market and to discontinue such stabilizing, if commenced, at any time.
SECTION 3.4.Good Faith Check. The City hereby acknowledges receipt of a corporate
check payable to the City in an amount equal to $ (the "Good Faith Check") as
security for the performance by the Underwriters of their obligation to accept and pay for the
Series 2011 Bonds at the Closing in accordance with the provisions of this Bond Purchase
Agreement. The City shall retain the check, uncashed, except under the circumstances
hereinafter set forth. In the event the City fails to deliver the Series 201 1 Bonds at the Closing,
or if City shall be unable to satisfy the conditions to the obligations of the Underwriters
contained in this Bond Purchase Agreement or if such obligations shall be terminated for any
reason permitted by this Bond Purchase Agreement, the City shall be obligated to immediately
return the uncashed Good Faith check to the Underwriters. In the event the Underwriters accept
and pay for the Series 201 1 Bonds at Closing, the uncashed Good Faith Check shall be returned
to the Underwriters at Closing. In the event the Underwriters fail (other than for a reason
permitted under this Bond Purchase Agreement) to accept and pay for the Series 201 1 Bonds at
Closing, the Good Faith Check may be cashed and the proceeds thereof shall be retained by the
City as and for full liquidated damages for such failure, and not as a penalty, and for any and all
defaults hereunder on the part of the Underwriters, and thereupon, all claims and rights
hereunder against the Underwriters shall be fully released and discharged, it being understood by
the City and the Underwriters that actual damages in such circumstances may be difficult or
impossible to compute.
ARTICLE IV
CLOSING CONDITIONS
SECTION 4.1 .Performance of 0blig;ations. The obligations and agreements of the
Underwriters under this Bond Purchase Agreement are expressly made subject to the due
performance by the City at or prior to the Closing Time of its respective obligations and
undertakings pursuant to this Bond Purchase Agreement.
SECTION 4.2.Delivery of Closing; Papers. The obligations and agreements of the
Underwriters under this Bond Purchase Agreement are expressly made subject to the condition
that, at or prior to the Closing Time, there shall have been delivered to the Underwriters each of
the following which the City agrees to do:
(a) Basic Documents: Miscellaneous Documents:
(i) One executed copy of each of the Basic Documents, in the
respective form thereof delivered to the Underwriters pursuant to Sections 2.1 (s)
and 3.1 of this Bond Purchase Agreement, which documents shall be in full force
and effect, with only such revisions therein or additions thereto as shall have been
required to incorporate terms specified in this Bond Purchase Agreement or as
shall be satisfactory to the Managing Underwriter.
(ii> - copies of the Official Statement.
9
MIA 182,168,756~2 9-29-1 1
(b) Closing Papers to be Furnished by the City:
(i) One copy of the Bond Resolution certified by the appropriate City
official to be true and correct copies thereof as adopted and approved.
(ii) One fully executed Mayor's Certificate.
(iii) One executed copy of a certificate or certificates of an Authorized
Party on behalf of the City, dated the Closing Date, (A) confirming that each of
the representations of the City contained in Section 2.1 of this Bond Purchase
Agreement was true and accurate in all material respects on the date when made,
has been true and accurate in all material respects at all times since, and continues
to be true and accurate in all material respects on the Closing Date as if such
representations were made on the Closing Date, (B) stating that there has been no
material adverse change in the business or financial condition of the City from
that shown in the Financial Statements, (C) stating that to its best knowledge no
event affecting the City has occurred since the date of the Preliminary Official
Statement which should be disclosed in the Official Statement for the purpose for
which it is used or which it is necessary to disclose therein in order to make the
statements and information therein not misleading in any material respect as of
the Closing Date; (D) certifying that the Bond Resolution has not been
supplemented, modified, amended or repealed; and (E) demonstrating that the
Bonds comply with applicable requirements of the Advance Refunding Law,
Sections 132.33 through 1 32.47, Florida Statutes, as amended.
(iv) One executed original of a customary incumbency and no-
litigation certificate, in form prepared by and reasonably acceptable to Bond
Counsel, the City Attorney and Underwriters' Counsel, dated the Closing Date
and signed by an authorized member of the City's Governing Body.
(v) One executed copy of the Arbitrage Certificate, in form
satisfactory to Bond Counsel, dated the Closing Date, signed by an Authorized
Party on behalf of the City.
(vi) (a) One executed copy of the final opinion of Bond Counsel, in
substantially the form contained in an Appendix to the Official Statement; (b) one
executed copy of the supplemental legal opinion of Bond Counsel, dated the
Closing Date, in the form as set forth in Exhibit B hereto; and (c) one executed
copy of a legal opinion of Bond Counsel, dated the Closing Date and in form and
substance satisfactory to the Underwriters and their counsel to the effect that the
refunded Series 2003 General Obligation Bonds shall no longer be deemed to be
outstanding under the provisions of the resolution pursuant to which they were
issued and shall cease to be entitled to any lien, benefit or security under such
resolution, but shall thereafter be secured solely by the amounts and securities
credited to the Escrow Deposit Trust Fund.
MIA 182,168,756~2 9-29-1 1
(vii) One executed copy of the opinion of the City Attorney in the form
as set forth in Exhibit C hereto.
(viii) One executed copy of the opinion of Underwriters' Counsel in the
form as set forth in the attached Exhibit D.
(ix) One executed copy of a customary authorization and incumbency
certificate, and a standard closing certificate, both dated the Closing Date, signed
by authorized officers of the Bond Registrar, the Paying Agent, and the Escrow
Agent, both in form and substance satisfactory to the Underwriters.
(x) Letters of confirmation with respect to the ratings of the Series
201 1 Bonds from Moody's Investors Services, Inc. and Standard & Poor's Rating
Services of "" and "-", respectively.
(xi) One executed copy of a Blanket Letter of Representation to The
Depository Trust Company by the City.
(xii) One executed copy of a the verification report of Causey Demgen
& Moore, Inc. with respect to the refunded Series 2003 General Obligation
Bonds.
(xiii) Evidence satisfactory to the Underwriters and their counsel
provided by that the refunded Series 2000 General Obligation
Bonds have been paid.
(c) Other Assurances: Such additional opinions, certificates, proceedings,
instruments and other documents as the Underwriters, Underwriters' Counsel or Bond
Counsel may reasonably request to verify or evidence (i) compliance by the Parties with
applicable legal requirements, (ii) the truth and accuracy of the representations or
opinions of the Parties contained in this Bond Purchase Agreement or in any Closing
Paper, or (iii) the due performance of all agreements and the satisfaction of all conditions
required to be performed or satisfied at or prior to the Closing Time.
SECTION 4.3. Form of Closing Papers; Waiver of Conditions. The Closing Papers to be
delivered to the Underwriters pursuant to this Bond Purchase Agreement shall be deemed to be
in compliance with the conditions of this Bond Purchase Agreement if, but only if, in the
reasonable judgment of the Underwriters, they are satisfactory in form and substance. The legal
opinions and certificates described in Section 4.2 shall be addressed to the Underwriters or a
reliance letter with respect thereto shall be addressed to the Underwriters. No condition hereof
shall be deemed to have been waived by the Underwriters unless expressed specifically in a
writing signed by the Underwriters.
MIA 182,168,756~2 9-29- 1 1
ARTICLE V
TERMINATION; PAYMENT OF EXPENSES
SECTION 5.1.Termination. This Bond Purchase Agreement may be terminated by the
Underwriters without liability on the part of the Underwriters, if, at or prior to the Closing Time:
(a) The Bond Resolution, the Mayor's Certificate or this Bond Purchase
Agreement shall not be in full force and effect or shall have been supplemented,
modified, amended or repealed, without the prior written consent of the Underwriters;
(b) Any representation of the City contained in this Bond Purchase Agreement
or in any Closing Paper shall prove to be or to have been false in any material respect;
(c) There shall be a material failure of any one or more of the conditions set
forth in Sections 4.1, 4.2 or 4.3 of this Bond Purchase Agreement;
(d) Litigation or an administrative proceeding or investigation shall be
pending or threatened affecting, contesting, questioning or seeking to restrain or enjoin (i)
the powers or the valid existence of the City or the titles of its officers to their respective
offices or (ii) contesting the validity or affecting the enforceability of the Series 201 1
Bonds, the Bond Resolution, the Mayor's Certificate, or the Basic Documents or
contesting the power or the City to execute and deliver such documents or to consummate
the transactions contemplated therein or in the Official Statement or apply the proceeds
of the Series 201 1 Bonds as contemplated therein, or (iii) contesting in any way the
completeness or accuracy of the Official Statement, or (iv) wherein an unfavorable
decision, ruling or finding would, in the judgment of the Underwriters, materially and
adversely affect the validity or enforceability of the Series 2011 Bonds, the Bond
Resolution, the Mayor's Certificate or the Basic Documents;
(e) Legislation (other than the American Jobs Act of 201 1 or the Debt
Reduction Act of 201 1 in the form recommended to Congress by the President of the
United States in September 201 1) shall have been introduced in or enacted by the
Congress of the United States or enacted by the State, or legislation pending in the
Congress of the United States shall have been amended, or legislation shall have been
recommended to the Congress of the United States or otherwise endorsed for passage (by
press release, other form of notice or otherwise) by the President of the United States, the
Treasury Department of the United States, the Internal Revenue Service or the Chairman
or ranking minority member of the Committee on Finance of the United States Senate or
the Committee on Ways and Means of the United States House of Representatives, or
legislation shall have been proposed for consideration by either such committee, by any
member thereof, or legislation shall have been favorably reported for passage to either
House of Congress of the United States by a committee of such House to which such
legislation has been referred for consideration, or a decision shall have been rendered by
a court of the United States or the State, including the Tax Court of the United States, or a
ruling shall have been made or a regulation shall have been proposed or made or a press
release or other form of notice shall have been issued by the Treasury Department of the
12
MIA 182,168,756~2 9-29-1 1
United States, or the Internal Revenue Service or other federal or State authority, with
respect to federal or State taxation upon revenues or other income of the general character
to be derived by the City or by any similar body, or upon interest on obligations of the
general character of the Series 201 1 Bonds, which may have the purpose or effect,
directly or indirectly, of materially and adversely affecting the City, its property or
income, its securities (including the Series 201 1 Bonds) or the interest thereon, or any tax
exemption granted or authorized by the State or, which in the opinion of the Underwriter,
affects materially and adversely the market for the Series 201 1 Bonds, or the market price
generally of obligations of the general character of the Series 201 1 Bonds;
(f) Any action by or on behalf of the Securities and Exchange Commission or
a court shall occur which would require registration of any Series 201 1 Bonds under the
Securities Act of 1933, as amended, or the qualification of the Bond Resolution under the
Trust Indenture Act of 1939, as amended;
(g) Any material restriction not presently in force on trading in securities
generally, or any banking moratorium shall occur, which, in the judgment of the
Managing Underwriter, substantially impairs the marketability of the Series 201 1 Bonds;
(h) The outbreak or escalation of war or hostilities involving the United States
or any national or international calamity or crisis, financial or otherwise, including a
general suspension of trading on any national securities exchange, which shall occur, if
the effect of any such event, in the judgment of the Managing Underwriter, materially
and adversely affects the public offering or the delivery of the Series 20 1 1 Bonds;
(i) There shall occur any adverse change in the operations, properties or
financial condition of the City from that described in the Official Statement, which, in the
reasonable judgment of the Underwriters, is material and makes it inadvisable to proceed
with the sale of the Series 201 1 Bonds; or
(j) Any event or condition shall exist or occur which, in the judgment of the
Underwriters, renders untrue or incorrect, in any material respect as of the time to which
the same purports to relate, the information contained in the Official Statement or which
requires that information not reflected therein be included therein in order to make the
statements and information contained therein not misleading in any material respect as of
such time.
(k) Any national securities exchange, or any governmental authority shall
impose, as to the Series 201 1 Bonds, any material restrictions not now in force, with
respect to the extension of credit by, or the charge to the net capital requirements of, the
Underwriters.
SECTION 5.2. Payment of Expenses. The following costs and expenses relating to the
transactions contemplated or described in this Bond Purchase Agreement shall be borne and paid
by the City regardless of whether the transactions herein contemplated shall close: printing of
Series 201 1 Bonds; printing or copying of Closing Papers (including the Preliminary Official
Statement and the Official Statement) in such reasonable quantities as the Underwriters may
MIA 182,168,756~2 9-29-1 1
request; fees and disbursements of Bond Counsel; fees and disbursements of the City's Financial
Advisor, the Certified Public Accountant, the Bond Registrar, Paying Agent and Escrow Agent,
fees of the verification agent; fees and expenses of the City of Gulf Breeze loan pool, its advisors
and its counsel, and fees of the rating agencies. The Underwriters shall pay (i) the fees and
disbursements of Underwriters' Counsel; (ii) all advertising expenses in connection with the
public offering of the Series 201 1 Bonds; and (iii) all other expenses incurred by them in
connection with their public offering and distribution of the Series 201 1 Bonds.
Except as otherwise provided above, the City and the Underwriters shall each bear the
costs and expenses incident to the performance of their respective obligations under this Bond
Purchase Agreement.
ARTICLE VI
MISCELLANEOUS
SECTION 6.1. Parties In Interest: Survival of Representations. This Bond Purchase
Agreement is made solely for the benefit of the City and the Underwriters, and no other person,
partnership, association or corporation, including but not limited to owners of the Series 201 1
Bonds or beneficial interests therein, shall acquire or have any rights hereunder or by virtue
hereof. All representations and agreements in this Bond Purchase Agreement shall remain
operative and in full force and effect regardless of any investigation made by or on behalf of any
Party and shall survive the delivery of and payment for the Series 201 1 Bonds.
SECTION 6.2. Notices. All notices, demands, certificates or other communications
(other than the Closing Papers) under this Bond Purchase Agreement shall be sufficiently given
and shall be deemed given when hand delivered or when mailed by certified or registered mail,
postage prepaid, or by prepaid telegram, or by electronic communications with the original
forwarded by certified or registered mail, postage prepaid, with proper address as indicated
below:
To the City: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33 139
Attention: Chief Financial Officer
cc: City Attorney
Phone: (305) 673-7466
Fax: (305) 673-7795
E-Mail: twalker@,miamibeachfl.gov
To the Underwriters: Morgan Keegan & Company, Inc.
2800 Ponce de Leon Blvd., Suite 1 300
Coral Gables, FL 33 134
Attention: Percy R. Aguila, Jr., Managing Director
Phone: (305) 460-2752
Fax: (306) 446-6688
Email: percy.aguila@morgankeegan.com
MIA 182,168,756~2 9-29-1 1
SECTION 6.3. Amendment. No modification, alteration or amendment to this Bond
Purchase Agreement shall be binding upon any Party until such modification, alteration or
amendment is reduced to writing and executed by all Parties.
SECTION 6.4. Governing Law. The laws of the State of Florida shall govern this Bond
Purchase Agreement.
SECTION 6.5. Captions. The captions or headings in this Bond Purchase Agreement are
for convenience only and in no way define, limit or describe the scope or intent of any of the
provisions of this Bond Purchase Agreement.
SECTION 6.6. Counterparts. This Bond Purchase Agreement may be signed in any
number of counterparts with the same effect as if the signatures thereto and hereto were upon the
same instrument.
SECTION 6.7. Severabilitv, If any provisions of this Bond Purchase Agreement shall be
held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular
case in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts
with any other provision or provisions hereof or any constitution or statute or rule of public
policy, or for any other reason, such circumstance shall not have the effect of rendering the
provision in question inoperative or unenforceable in any other case or circumstance, or of
rendering any other provision or provisions herein contained invalid, inoperative, or
unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences,
clauses or sections in this Bond Purchase Agreement contained, shall not affect the remaining
portions of this Bond Purchase Agreement, or any part thereof.
SECTION 6.8 Rights of Managing Underwriter. The Managing Underwriter, on behalf
of the Underwriters, being duly authorized so to do, shall have the power to enter into this Bond
Purchase Agreement, to consent to any amendments hereto, to agree to the interpretation of the
provisions hereof and to waive any preconditions to Closing hereunder.
SECTION 6.9. Effective Time of this Bond Purchase Agreement. This Bond Purchase
Agreement shall be effective and binding upon its execution and delivery.
IN WITNESS WHEREOF, the parties hereto have executed this Bond Purchase
Agreement as of the day and year set forth beneath each signature.
The City:
CITY OF MIAMI BEACH, FLOFUDA
By:
Matti Herrera Bower, Mayor
MIA 182,168,756V2 9-29-1 1
MIA 182,168,756~2 9-29-1 1
The Underwriters:
MORGAN KEEGAN & COMPANY, INC.
on behalf of itself and the Underwriters
By:
Percy R. Aguila, Jr., Managing Director
EXHIBIT A
MATURITIES, AMOUNTS, INTEREST RATES AND YIELDS
$ Series 20 1 1 Serial Bonds
Maturity Date
lseptember 1)
Principal
Amount
Interest Yield
$ % Term Bonds maturing September 1,20- - Yield %
$ % Term Bonds maturing September 1,20- - Yield %
$ % Term Bonds maturing September 1,20- - Yield %
MIA 182,168,756~2 9-29- 1 1
REDEMPTION PROVISIONS
Optional Redemption
[The Series 201 1 Bonds maturing September 1, 20- and thereafter shall be subject to
redemption prior to their maturity, at the option of the City, on or after September 1, 20-, as a
whole or in part at any time, and if in part as selected by the City among maturities and by lot
within a maturity, at a redemption price of 100% of the principal amount thereof, plus accrued
interest from the most recent interest payment date to the redemption date, without premium.]
Mandatory Sinking Fund Redemption
The Series 201 1 Bonds maturing September 1, 20- are subject to mandatory sinking
fund redemption prior to maturity, in part and selected by lot, at a redemption price of 100% of
the principal amount thereof, on September 1, 20- and on each September 1 as set forth below
in the following principal amounts:
Redemption Date
(September 1)
Principal
Amount
* Maturity
The Series 201 1 Bonds maturing September 1, 20- are subject to mandatory sinking
fund redemption prior to maturity, in part and selected by lot, at a redemption price of 100% of
the principal amount thereof, on September 1, 20- and on each September 1 as set forth below
in the following principal amounts:
Redemption Date
(September 1)
Principal
Amount
* Maturity
The Series 201 1 Bonds maturing September 1, 20- are subject to mandatory sinking
fund redemption prior to maturity, in part and selected by lot, at a redemption price of 100% of
the principal amount thereof, on September 1, 20- and on each September 1 as set forth below
in the following principal amounts:
MIA 182,168,756~2 9-29-1 1
Redemption Date
(September 1)
* Maturity
MIA 182,168,756~2 9-29-1 1
Principal
Amount
EXHIBIT B
To: Morgan Keegan & Company, Inc.
as Representative of the Underwriters
Coral Gables, Florida
Re: $ City of Miami Beach, Florida
General Obligation Refunding Bonds, Series 2011
We have served as bond counsel to our client City of Miami Beach, Florida (the "City")
and not as counsel to any other person in connection with the issuance by the City of its
$ City of Miami Beach, Florida General Obligation Refunding Bonds, Series
201 1 (the "Series 201 1 Bonds"), dated the date of this letter. -.
We have rendered on this date our legal opinion as bond counsel concerning the Series
201 1 Bonds (the "Legal Opinion"). This supplemental opinion letter is rendered pursuant to
Section 4.2(vi)(b) of the Bond Purchase Agreement, dated -, 201 1 (the
"Purchase Agreement"), among the City and Morgan Keegan & Company, Inc., on its own
behalf and on behalf of the other underwriters (collectively, the "Underwriters"). Capitalized
terms not otherwise defined in this letter are used as defined in the Purchase Agreement.
In our capacity as bond counsel, we have examined the transcript of proceedings relating
to the issuance of the Series 201 1 Bonds, the Bond Resolution and such other documents,
matters and law as we deem necessary to render the opinions and advice set forth in this letter.
The Underwriters may rely on the Legal Opinion as if addressed to them.
Based on that examination and subject to the limitations stated below, we are of the
opinion that under existing law, the Series 201 1 Bonds are exempt from registration under the
Securities Act of 1933, as amended, and the Bond Resolution is exempt from qualification under
the Trust Indenture Act of 1939, as amended.
We also advise you that the statements in the Official Statement under the captions
"INTRODUCTION," "PLAN OF REFUNDING," "THE BONDS" (other than the information
under the caption "Book-Entry Only System"), "SECURITY FOR THE BONDS" and
"CONTINUING DISCLOSURE," insofar as such statements describe certain provisions of the
Bond Resolution, the Series 201 1 Bonds and the Disclosure Dissemination Agent Agreement,
and the statements under the caption "TAX MATTERS," are accurate and fairly present the
information purported to be shown.
The opinions and advice stated above are based on an analysis of existing laws,
regulations, rulings and court decisions and cover certain matters not directly addressed by such
B- 1
MIA 182,168,756~2 9-29-1 1
Morgan Keegan & Company, Inc.,
as representative
,201 1
Page 2
authorities. In rendering all such opinions, we assume, without independent verification, and
rely upon: (i) the accuracy of the factual matters represented, warranted or certified in the
proceedings and documents we have examined, and (ii) the due and legal authorization,
execution and delivery of those documents by, and the valid, binding and enforceable nature of
those documents upon, any parties other than the City.
This letter is furnished to the Underwriters solely for their benefit in their capacity as
Underwriters in connection with the original issuance of the Series 201 1 Bonds and may not be
relied upon for any other purpose or by any other person, including the holders, owners or
beneficial owners of the Series 201 1 Bonds. The opinions and advice in this letter are stated
only as of this date, and no other opinion or advice shall be implied or inferred as a result of
anything contained in or omitted from this letter. Our engagement as bond counsel with respect
to the Series 201 1 Bonds has concluded on this date.
MIA 182,168,756~2 9-29- 1 1
Respectfully submitted,
EXHIBIT C
Morgan Keegan & Company, Inc.,
as Representative of the Underwrites
Coral Gables, Florida
Re: $ City of Miami Beach, Florida
General Obligation Refunding Bonds, Series 2011
Ladies and Gentlemen:
I am the City Attorney for the City of Miami Beach, Florida and have served in such
capacity in connection with the issuance of the above-captioned bonds (the "Bonds") and related - .
transactions. This opinion is bished pursuant to the Bond Purchase Agreement dated July 1 1,
2003 (the "Bond Purchase Agreement") among the City of Miami Beach, Florida (the "City'),
and Morgan Keegan & Company, Inc., on its own behalf and on behalf of the other underwriters
named therein (collectively, the "Underwriters"). All capitalized terms not otherwise defined
herein shall have the meanings ascribed thereto in the Bond Purchase Agreement.
I have reviewed such documents and instruments as I deemed necessary to render the
requested opinion. Based upon examination of such documents and matters of law as I have
determined relevant for the purposes of rendering this opinion, and subject to the reservations set
forth herein, I am of the opinion that:
1. The City is a municipal corporation in the State of Florida, duly organized and
validly existing under the constitution and laws of the State of Florida.
2. The City is authorized by the laws of the State of Florida to execute and deliver
the Bonds, the Basic Documents and the Official Statement and to perform its obligations
thereunder or as described therein.
3. The Bond Resolution has been duly adopted and the execution and delivery by the
City of the Bonds, the Basic Documents and the Official Statement, and the performance of its
obligations thereunder or as described therein, for and in the name of the City, have been duly
authorized by the City.
4. The City has duly authorized the distribution of the Preliminary Official
Statement by the Underwriters, has duly approved and executed the Official Statement and has
duly authorized the distribution thereof by the Underwriters in connection with the public
offering of the Bonds.
MIA 182,168,756~2 9-29-1 1
5. The Bonds and the Basic Documents have been duly executed and delivered by
the City and constitute valid and legally binding obligations of the City enforceable against the
City in accordance with their respective terms.
6. To the best of my knowledge, no authorization, approval, consent, license or other
action of any court or public or governmental or regulatory authority having jurisdiction over the
City that has not been obtained is or will be required for the issuance and sale of the Bonds or the
valid and lawfhl authorization, execution and delivery of, or consummation by the City of the
other transactions contemplated by, the Basic Documents and the Official Statement; however,
no opinion is given regarding compliance with the registration requirements of state and federal
securities laws.
7. The adoption by the City of the Bond Resolution and the execution and delivery
by the City of the ~bnds, the Basic Documents and the Official Statement and compliance on the
City's part with the provisions contained or described therein, will not conflict with, violate or
constitute a breach of or a default under (a) any existing law, court or administrative regulation,
order or decree, or (b) any commitment, mortgage, lease, indenture, agreement, contract or
instrument to which the City is a party or by which it or any of its properties is bound.
8. There is no action, suit, proceeding, inquiry or investigation, at law or in equity,
before or by any court, governmental agency, public board or body pending or, to the best of my
knowledge, threatened against the City affecting, contesting, questioning or seeking to restrain or
enjoin any of the following: (i) the powers or the valid existence of the City or the titles of its
officers to their respective offices, or (ii) any of the proceedings had or actions taken leading up
to the sale, issuance and delivery of the Series 201 1 Bonds or the execution, delivery or
performance of the Bond Purchase Agreement, or (iii) the delivery, validity or enforceability of
the Bonds or the Basic Documents or contesting the power of the City to execute and deliver
such documents (to the extent applicable) or to consummate the transactions contemplated
therein or in the Official Statement, or (iv) contesting in any way the completeness or accuracy
of the Official Statement, or (v) wherein an unfavorable decision, ruling or finding would
materially and adversely affect the validity or enforceability of the Bonds, the Bond Resolution
or the Basic Documents; or (vi) which would have a material adverse effect upon the levy and
collection of the ad valorem taxes pledged to the payment of the Series 201 1 Bonds.
9. Without having undertaken to determine independently the accuracy or
completeness of the information in the Official Statement, the statements and information
relating to the City, the Basic Documents and the Bonds, including the application of the
proceeds thereof, set forth in the Official Statement (except for the financial statements and other
financial and statistical data included therein, the information contained in the sections entitled
"THE BONDS - Book-Entry Only System" and "UNDERWRITING" or the price of or yield on
the Series 201 1 Bonds appearing on the cover page, as to which no opinion is expressed) did not
on the date of the Official Statement, and do not on the date hereof, contain any untrue statement
of material fact or omit to state any material fact necessary to make the statements therein, in
light of the circumstances under which they were made, not misleading.
The foregoing is based solely on facts and laws existing on the date hereof and no
opinion is expressed as of any other date. The only opinions contained herein shall be those
MIA 182,168,756~2 9-29-1 I
expressly stated as such, and no opinion shall be implied or inferred as a result of anything
contained herein or omitted herefrom.
I am an attorney admitted to practice in the State of Florida and my opinion is limited to
matters of Florida law and Federal law.
All opinions as to the enforceability of the legal obligations of the City set forth herein
are subject to and limited by bankruptcy, insolvency, reorganization, moratorium, and similar
laws in each case relating to or affecting the enforcement of creditors' rights generally, and
subject to the enforceability thereof, to the exercise of judicial discretion, in accordance with the
general principles of equity.
This opinion has been rendered for the benefit solely of the addressees hereof and may
not be used, circulated, quoted or otherwise referred to or relied upon by any other person for
any purpose, except that reference to it may be made in the list of closing documents prepared in
connection with the Bonds.
Very truly yours,
MIA 182,168,756~2 9-29-1 1
Jose Smith
City Attorney
EXHIBIT D
,2003
Morgan Keegan & Company, Inc.,
as Representative of the Underwrites
Coral Gables, Florida
Re: $ City of Miami Beach, Florida
General Obligation Refunding Bonds, Series 2011
Ladies and Gentlemen:
We have acted as counsel to the Underwriters in connection with the purchase by Morgan
Keegan & Company, Inc., on its own behalf and on behalf of the other underwriters
(collectively, the "Underwriters") of the above-captioned bonds (the "Series 201 1 Bonds")
identified in the Bond Purchase Agreement dated November 16, 201 1 (the "Bond Purchase
Agreement") between the Underwriters and the City of Miami Beach, Florida. In that capacity,
we hereby deliver the following opinions. Capitalized terms not defined herein shall have the
meanings ascribed to them in the Bond Purchase Agreement.
We are of the opinion that the Series 201 1 Bonds constitute exempt securities within the
meaning of Section 3(a)(2) of the Securities Act of 1933, as amended (the "1933 Act"), and it is
not necessary in connection with the sale of the Series 201 1 Bonds to the public to register the
Series 201 1 Bonds under the 1933 Act, or to qualify the Bond Resolution under the Trust
Indenture Act of 1939, as amended.
In our capacity as counsel to the Underwriters, we participated in the preparation of the
Official Statement dated October 21, 201 1 (the "Official Statement") relating to the Series 201 1
Bonds. Although we do not express an opinion, and do not assume responsibility for, the
accuracy, completeness or fairness of the statements contained in the Official Statement, based
upon the information made available to us as counsel for the Underwriters in the course of our
participation in the preparation of the Official Statement, and without having undertaken to
determine independently the accuracy, completeness or fairness of the statements contained in
the Official Statement, nothing has come to our attention that would cause us to believe that the
Official Statement (except for the information under the caption "THE BONDS -Book-Entry
Only System" and the statistical and financial data included in the Official Statement, including
the appendices thereto, as to which no opinion is expressed), as of its date, or as of the date
hereof, contained or contains any untrue statement of material fact or omitted or omits to state a
material fact required to be stated therein or necessary to make the statements made therein, in
light of the circumstances under which they were made, not misleading.
We are also of the opinion that the Disclosure Dissemination Agent Agreement satisfies,
in all material respects, the requirements set forth in Rule 15c2-12(b)(5)(i) of the Securities and
Exchange Commission, which requires an undertaking for the benefit of the holders, including
beneficial owners of the Series 201 1 Bonds, to provide certain annual financial information and
event notices to various information repositories at the time and in the manner required by such
Rule.
D- 1
MIA 182,168,756~2 9-29-1 1
Morgan Keegan & Co., Inc.,
as representative
,201 1
Page 2
The opinions set forth herein are expressly limited to, and we opine only with respect to,
the laws of the State of Florida and the United States of America.
No one, other than the addressees named above, is entitled to rely upon the statements
made, and conclusions expressed, within this opinion.
Respectfully submitted,
GREENBERG TRAURIG, P.A.
MIA 182,168,756~2 9-29-1 1
EXHIBIT E
UNDERWRITERS' TRUTH-IN-BONDING AND
DISCLOSURE STATEMENT
City of Miami Beach, Florida
Miami Beach, Florida
Re: $ City of Miami Beach, Florida
General Obligation Refunding Bonds, Series 2011
The City of Miami Beach, Florida (the "City") is proposing to issue its $
General Obligation Refunding Bonds, Series 201 1 ("Bonds") for the purposes described in the
Official Statement. The Bonds are expected to be repaid over a period of approximately -
years. At a forecasted true interest rate of %, total interest paid over the life of the
Bonds will be $
The source of repayment for the Bonds is ad valorem taxes to be levied and collected
solely for the payment of the Bonds. The voted millage to be used to pay the Bonds would not be
available to pay for other projects or services in the City.
In addition, pursuant to the provisions of Sections 218.385(6), Florida Statutes, the
following disclosure is made:
(a) The nature and estimated amounts of expenses to be incurred by Morgan Keegan
& Company, Inc., Estrada Hinojosa & Company, Inc. and First Southwest Company
(collectively, the "Underwriters") in connection with the purchase and re-offering of the Bonds
are set forth in Schedule A attached hereto.
(b) No person has entered into an understanding with Morgan Keegan & Co, Inc., or
to the knowledge of Morgan Keegan & Company, Inc., with the City, for any paid or promised
compensation or valuable consideration, directly or indirectly, expressly or implied, to act solely
as an intermediary between the City and Morgan Keegan & Company, Inc., for the purpose of
influencing any transaction in the purchase of the Bonds. Exhibit A to this Statement sets forth
separate similar representations by Estrada Hinojosa & Company, Inc, and First Southwest
Company.
(c) The underwriting spread (i.e., the difference between the price at which the Bonds
will be initially offered to the public by the Underwriters and the price to be paid to the City for
the Bonds) will be $ Or - % of the principal amount of the Bonds.
MIA 182,168,756~2 9-29-1 1
City of Miami Beach, Florida
, 2011
Page 2
(d) The underwriting spread set forth in paragraph (c) above includes a
takedown/concession of $ ($- /$1,000 of Bonds) and Underwriters' expenses of
$ ($- /$1,000 of Bonds). [The underwriting spread includes a management fee of
$ ($- /$1,000 of Bonds).] [The underwriting spread does not include a
management fee.]
(e) No other fee, bonus or other compensation is estimated to be paid by the
Underwriters in connection with the issuance of the Bonds to any person not regularly employed
or retained by the Underwriters (including any "finder" as defined in Section 218.386 (1) (a),
Florida Statutes), except as specifically enumerated as expenses to be incurred by the
Underwriters as set forth in Schedule A.
(f) The name and address of each of the Underwriters is:
Morgan Keegan & Company, Inc.
2800 Ponce de Leon Blvd., Suite 1300
Coral Gables, FL 33 134
Estrada Hinojosa & Company, Inc.
2937 S W 27th Avenue, Suite 200B
Miami, FL 33133
First Southwest
1 885 1 NE 29th Avenue, Suite 520
Aventura, FL 3 3 1 80
We understand that you do not require any further disclosure from the Underwriters
pursuant to Section 21 8.3 85(6), Florida Statutes.
Very truly yours,
MORGAN KEEGAN & COMPANY, INC.,
Representative of the Underwriters
By:
Percy R. Aguila, Jr., Managing Director
Schedule A
$ City of Miami Beach, Florida
General Obligation Refunding Bonds, Series 201 1
Underwriters' Expenses
$ Per Bond
Underwriter's Counsel
SIFMA
Dalcomp
DTC
CUSIP
Day Loan
Travel and out-of-pocket
Total Underwriters Expenses
MIA 182,168,756~2 9-29-1 1
$ Amount
Exhibit A
$ City of Miami Beach, Florida
General Obligation Refunding Bonds, Series 20 1 1
CERTIFICATE OF CO-UNDERWRITER
The undersigned, a duly authorized representative of , does hereby
certify to the City of Miami Beach, Florida (the "City") that:
1. No person has entered into an understanding with , or to the
knowledge of , with the City, for any paid or promised compensation or valuable
consideration, directly or indirectly, expressly or implied, to act solely as an intermediary
between the City and for the purpose of influencing any transaction in the purchase of
the Bonds. Terms used herein in capitalized form and not otherwise defined herein shall have the
meaning ascribed thereto in said Bond Purchase Agreement, dated November 16,20 1 1.
IN WITNESS WHEREOF, the undersigned has hereunto set their hands for and on
behalf of the as of this - day of ,2011.
[CO-UNDERWRITER]
By:
MIA 182,168,756~2 9-29-1 1
MIA 182,168,756~2 9-29- 1 1
PRELIMINARY OFFICIAL STATETMENT DATED ---_ - .20 1 1
NEW ISSUE - BOOK ENTRY-ONLY RATINGS: Moody's: "-"
Standard & Poor's: ""
In the opinion of Squire, Sanders & Dempsey (US) LLP, Bond Counsel, under existing law (i) assuming continuing compliance with certain
covenants and the accuracy of certain representations, interest on the Bonds is excludedfrom gross income for federal income tax purposes and is
not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations, and (ii) the Bonds and
the income thereon are exempt from taxation under the laws of the State of Florida, except estate taxes imposed by Chapter 198, Florida Statutes, as
amended, and net income and franchise taxes imposed by Chapter 220, Florida Statutes, as amended. Interest on the Bonds may be subject to
certain federal taxes imposed only on certain corporations, including the corporate alternative minimum tax on a portion of that interest. For a
more complete discussion of the tax aspects, see "TRY MATTERS" herein.
$
*
CITY OF MIAMI BEACH, FLORIDA
General Obligation Refunding Bonds, Series 2011
Dated: Date of Delivery Due: September 1, as shown below
The City of Miami Beach, Florida General Obligation Refunding Bonds, Series 201 1 (the "Bonds"), will be initially
delivered in book-entry form, registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New
York, which will act as securities depository for the Bonds. Purchasers will not receive certificates representing their ownership
interest in the Bonds purchased. Interest on the Bonds will accrue from the date of their issuance and delivery and is payable
semiannually on March 1, 2012 and each September 1 and March 1 thereafter. See "The Bonds-Book-Entry Only System." U.S.
Bank National Assocjation, with a designated corporate trust office in Miami, Florida, is acting as Paying Agent and Bond Registrar
for the Bonds.
The Bonds are being issued to provide funds to (i) pay the costs of refunding certain outstanding obligations of the City, and
(ii) pay the costs of issuance of the Bonds. -.
In each year in which the Bonds are outstanding there shall be assessed, levied and collected a tax, without limitation
'
as to rate or amount, on all taxable property within the City (excluding exemptions as provided by applicable law) sufficient in
amount to pay the principal of and interest on the Bonds as the same become due. Such tax shall be assessed, levied and
collected in the same manner and at the same time as other City taxes are assessed, levied and collected. THE FULL FAITH,
CREDIT AND TAXING POWER OF THE CITY HAVE BEEN PLEDGED FOR THE PAYMENT OF THE PRINCIPAL
OF AND INTEREST ON THE BONDS.
The Bonds are subject to redemption as provided in this Official Statement. See "The Bonds-Redemption Provisions."
MATURITIES, AMOUNTS, INTEREST RATES, YIELDS*
$ Serial Bonds
Maturity Principal Interest Price or Initial
JSe~ternber 1) Amount - Rate - Yield CUSIP No.
201 2
2013
2014
2015
2016
201 7
201 8
2019
2020
202 1
2022
2023
2024
2025
$ % Term Bonds due September 1,2033 Yield %
This cover page contains certain information for quick reference only. It is not a summary of the issue. Investors must read
the entire Official Statement to obtain information essential to making an informed investment decision.
The Bonds are offered when, as and if issued and accepted by the Underwriters subject to the opinions on certain legal
matters relating to their issuance of Squire, Sanders & Dempsey (US) LLP, Miami, Florida, Bond Counsel. Certain legal matters will
be passed upon for the City by Jose Smith, City Attorney andfor the Underwriters by Greenberg Traurig, P.A., Miami, Florida. RBC
Capital Markets, LLC has sewed as Financial Advisor to the City in connection with the issuance of the Bonds. It is expected that the
Bonds, in book-entry form, will be available for delivery in book-entry form through the facilities of DTC in New York, New York on
or about , 2011.
Morgan Keegan
Estrada Hinojosa & Company, Inc. First Southwest Company -.
Dated ,2011
'Prellrn~nary, Subject to change.
Jorge Exposito
Jerry Libbin
CITY MANAGER
Jorge M. Gonzalez
CITY OF MIAMI BEACH
MAYOR
Matti Herrera Bower
VICE MAYOR
Edward L. Tobin
CITY COMMISSION
Michael Gongora
CHIEF FINANCIAL OFFICER
Patricia Walker
Jonah Wolfson
Deede Weithorn
CITY ATTORNEY
Jose Smith
CITY CLERK
Robert E. Parcher
FINANCIAL ADVISOR
RBC Capital Markets, LLC
BOND COUNSEL
Squire, Sanders & Dempsey (US) LLP
MIA 182,168,744~5
NO DEALER, BROKER, SALESMAN OR OTHER PERSON HAS BEEN
AUTHORIZED BY THE CITY OR THE UNDERWRITERS TO GIVE ANY INFORMATION
OR TO MAKE ANY REPRESENTATIONS OTHER THAN THOSE CONTAINED IN THIS
OFFICIAL STATEMENT, AND IF GIVEN OR MADE, SUCH OTHER INFORMATION OR
REPRESENTATIONS MUST NOT BE RELIED UPON AS HAVING BEEN AUTHORIZED
BY ANY OF THE FOREGOING. THIS OFFICIAL STATEMENT IS NOT TO BE
CONSTRUED AS A CONTRACT WITH THE PURCHASERS OF THE BONDS. THIS
OFFICIAL STATEMENT DOES NOT CONSTITUTE AN OFFER TO SELL OR THE
SOLICITATION OF AN OFFER TO BUY, NOR SHALL THERE BE ANY SALE OF THE
BONDS BY ANY PERSON IN ANY STATE IN WHICH IT IS UNLAWFUL FOR SUCH
PERSON TO MAKE SUCH OFFER, SOLICITATION OR SALE. THE INFORMATION SET
FORTH HEREIN HAS BEEN OBTAINED FROM THE CITY AND OTHER SOURCES
WHICH ARE BELIEVED TO BE RELIABLE, BUT IS NOT GUARANTEED AS TO
ACCURACY OR COMPLETENESS BY, AND IS NOT TO BE CONSTRUED AS A
REPRESENTATION OF, THE UNDERWRITERS OR, AS TO INFORMATION FROM
OTHER SOURCES, THE CITY. THE INFORMATION AND EXPRESSIONS OF OPINION
HEREIN ARE SUBJECT TO CHANGE WITHOUT NOTICE AND NEITHER THE
DELIVERY OF THIS OFFICIAL STATEMENT NOR ANY SALE MADE HEREUNDER
SHALL, UNDER ANY CIRCUMSTANCES, CREATE ANY IMPLICATION THAT THERE
HAS BEEN NO CHANGE IN THE AFFAIRS OF THE CITY SINCE THE DATE HEREOF
OR THE EARLIEST DATE AS OF WHICH SUCH INFORMATION IS GIVEN.
THE UNDERWRITERS HAVE PROVIDED THE FOLLOWING SENTENCE FOR
INCLUSION IN THIS OFFICIAL STATEMENT. THE UNDERWRITERS HAVE
REVIEWED THE INFORMATION IN THIS OFFICIAL STATEMENT PURSUANT TO
THEIR RESPONSIBILITIES TO INVESTORS UNDER THE FEDERAL SECURITIES
LAWS, BUT THE UNDERWRITERS DO NOT GUARANTEE THE ACCURACY OR
COMPLETENESS OF SUCH INFORMATION.
THE BONDS HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF
1933, AS AMENDED OR ANY STATE SECURITIES LAW NOR HAS THE RESOLUTION
BEEN QUALIFIED UNDER THE TRUST INDENTURE ACT OF 1939, IN RELIANCE
UPON EXEMPTIONS CONTAINED IN SUCH ACTS. IN MAKING AN INVESTMENT
DECISION, INVESTORS MUST RELY ON THEIR OWN EXAMINATION OF THE CITY
AND THE TERMS OF THIS OFFERING, INCLUDING THE MERITS AND RISKS
INVOLVED. NEITHER THE SECURITIES AND EXCHANGE COMMISSION NOR ANY
OTHER FEDERAL, STATE OR GOVERNMENTAL ENTITY OR AGENCY WILL HAVE
PASSED UPON THE ACCURACY OR ADEQUACY OF THIS OFFICIAL STATEMENT OR
APPROVED OR RECOMMENDED THE BONDS FOR SALE. ANY REPRESENTATION
TO THE CONTRARY IS A CRIMINAL OFFENSE.
THIS OFFICIAL STATEMENT IS BEING PROVIDED TO PROSPECTIVE
PURCHASERS EITHER IN BOUND PRINTED FORM ("ORIGINAL BOUND FORMAT")
OR IN ELECTRONIC FORMAT ON THE FOLLOWING WEBSITE: WWW.MUNIOS.COM.
THIS OFFICIAL STATEMENT MAY BE RELIED UPON ONLY IF IT IS IN ITS ORIGINAL
BOUND FORMAT OR AS PRINTED IN ITS ENTIRETY DIRECTLY FROM SUCH
WEBSITE.
1
MIA 182,168,744~5
THIS OFFICIAL STATEMENT CONTAINS CERTAIN "FORWARD-LOOKING
STATEMENTS". THESE STATEMENTS ARE BASED UPON A NUMBER OF
ASSUMPTIONS AND ESTIMATES WHICH ARE SUBJECT TO SIGNIFICANT
UNCERTAINTIES, MANY OF WHICH ARE BEYOND THE CONTROL OF THE CITY.
THE WORDS "MAY," "WOULD," "COULD," "WILL," "EXPECT," "ANTICIPATE,"
"BELIEVE," "INTEND," "PLAN," "ESTIMATE AND SIMILAR EXPRESSIONS ARE
MEANT TO IDENTIFY THESE FORWARD-LOOKING STATEMENTS. ACTUAL
RESULTS MAY DIFFER MATERIALLY FROM THOSE EXPRESSED OR IMPLIED BY
THESE FORWARD-LOOKING STATEMENTS.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
MIA 182,168,744~5
TABLE OF CONTENTS
Page
........................................................................................................................... INTRODUCTION 1
.................................................................................. ........................... PLAN OF REFUNDING .... 2
................................................................... ESTIMATED SOURCES AND USES OF FUNDS 3
................................................................................................................................ THE BONDS 4
........................................................................................................ Description of the Bonds 4
................................................................................................................ Redemption Provisions 4
.............................................................................. Book-Entry Only System ...................... ... 5
Registration, Transfer and Exchange ...................................................................................... 8
SECURITY FOR THE BONDS .................................................................................................. 8
....................................................................................................... AD VALOREM TAXATION 9
.................................................................................................................................... General 9
................................................................................................. Property Assessment Procedures 9
......................................................................... .................... Levy of Ad Valorem Taxes .. 10
................................................................................ Recent Property Tax Reform 11
Proposed Amendments ................................ .. ....................................................................... 11
................................................................................... ................... Voter Approved Debt .. 12
...................................................................................................................... Millage Rates 14
....................................................................................................................... Tax Collection 15
......................................................................................... DEBT SERVICE REQUIREMENTS 20
............................................................................................................ FUTURE BOND SALES 20
............................................................................................................................. LITIGATION -20
....................................................................................................................... TAX MATTERS -21
Original Issue Discount and Original Issue Premium ........................... ..... ........................ 23
.................................................................................................................. UNDERWRITING 24
.............................................................................................................. FINANCIAL ADVISOR 24
...................................................................................................................................... RATINGS 24
...................................................................................................................... LEGAL MATTERS 25
................................................................... .......................... CONTINUING DISCLOSURE .. 25
........................................................................... ........................... CONTINGENT FEES ... -26
................................................ VERIFICATION OF MATHEMATICAL COMPUTATIONS 2 .
........................... DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS -26
...................................................................................................................... MISCELLANEOUS 26
.............................................. CERTIFICATE CONCERNING THE OFFICIAL STATEMENT 26
MIA 182.168. 744~5
APPENDIX A - GENERAL INFORMATION REGARDING THE CITY OF
MIAMI BEACH AND MIAMI-DADE COUNTY, FLORIDA .......... A- 1
APPENDIX B - GENERAL PURPOSE FINANCIAL STATEMENTS FOR
FISCAL YEAR ENDED SEPTEMBER 30, 20 10 ............................ ... B- 1
APPENDIX C - THE RESOLUTION ............................. .. .................................... , ,... ... C-1
APPENDIX D - FORM OF DISCLOSURE DISSEMINATION AGENT
AGREEMENT . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . , . . . . . . , . . . . . , , . . . . . . . , . . . . . , . . . . .D- 1
APPENDIX E - FORM OF OPINION OF BOND COUNSEL ........................................ E-1
MIA 182,168,744~5
OFFICIAL STATEMENT RELATING TO
$
*
CITY OF MIAMI BEACH, FLORIDA
General Obligation Refunding Bonds, Series 2011
INTRODUCTION
The purpose of this Official Statement, including the cover page and all appendices, is to
furnish information with respect to the issuance and sale by the City of Miami Beach, Florida
(the "City") of $ * aggregate principal amount of General Obligation Refunding
Bonds, Series 20 1 1 (the "Bonds").
The Bonds are being issued pursuant to Resolution No. 20 1 1 - adopted by the
Mayor and City Commission of the City (the "Commission") on 20 1 1 (the
"Resolutionyy) and the Constitution and laws of the State of Florida, including, with^; limitation,
Article VII, Section 12 of the Constitution, Chapters 166, Florida Statutes, as amended, Sections
132.33-132.47, Florida Statutes, as amended, and the City of Miami Beach Charter, as amended
(the "Act").
On September 17, 1999, the Commission adopted (i) Resolution No. 99-23299 calling for
a special election on November 2, 1999, to submit to the electorate of the City a bond
referendum to decide whether the City should be authorized to issue not exceeding $9,720,000 in
principal amount of general obligation bonds (the "Fire Safety General Obligation Bonds") to
renovate, expand and improve fire stations and related facilities located in the City and acquire
and equip fire trucks; (ii) Resolution No. 99-23300 calling for a special election on November 2,
1999 to submit to the electorate of the City a bond referendum to decide whether the City should
be authorized to issue not exceeding $24,830,000 in principal amount of general obligation
bonds (the "Parks and Beaches General Obligation Bonds") to improve recreational facilities and
equipment, access, security and related maintenance facilities for parks and beaches located in
the City; and (iii) Resolution No. 99-23301 calling for a special election on November 2, 1999
to submit to the electorate of the City a bond referendum to decide whether the City should be
authorized to issue not exceeding $57,915,000 in principal amount of general obligation bonds
(the "Neighborhood General Obligation Bonds" and, together with the Fire Safety General
Obligation Bonds and the Parks and Beaches General Obligation Bonds, the "General Obligation
Bonds") to improve neighborhood infrastructure in the City, consisting of streetscapes and traffic
calming measures, shoreline stabilization and related maintenance facilities.
At such special elections on November 2, 1999, the issuance of the General Obligation
Bonds was approved by the electorate of the City in accordance with the applicable laws of the
State of Florida.
* Preliminary, subject to change.
MIA 182,168,744~5
On July 3, 2000, the City issued $30,000,000 in aggregate principal amount of the
General Obligation Bonds consisting of (i) $9,030,000 in principal amount of the Fire Safety
General Obligation Bonds, (ii) $230,000 in principal amount of the Parks and Beaches General
Obligation Bonds, and (iii) $1 1,740,000 in principal amount of the Neighborhood General
Obligation Bonds, currently outstanding in the aggregate principal amount of $1 8,7 10,000
(collectively, the "Series 2000 General Obligation Bonds"), by borrowing fhds from the loan
pool program established by the City of Gulf Breeze, Florida ("Gulf Breeze") pursuant to two
loans made by Gulf Breeze to the City thereunder (each, a "Gulf Breeze Loan" and collectively,
the "Gulf Breeze Loans"), as more particularly described in the related loan agreements and
governmental unit notes.
On July 22, 2003, the City issued $62,465,000 in aggregate principal amount of the
General Obligation Bonds consisting of (i) $690,000 in principal amount of the Fire Safety
General Obligation Bonds, (ii) $15,600,000 in principal amount of the Parks and Beaches
General Obligation Bonds, and (iii) $46,175,000 in principal amount of the Neighborhood
General Obligation Bonds, designated "City of Miami Beach, Florida General Obligation Bonds,
Series 2003," currently outstanding in the aggregate principal amount of $49,570,000
(collectively, the "Series 2003 General Obligation Bonds").
The City is issuing the Bonds for the purposes of: (i) refunding all or a portion of the
Series 2000 General Obligation Bonds and/or all or a portion of the Series 2003 General
Obligation Bonds; and (ii) pay the costs of issuance of the Bonds. In this Official Statement, the
Series 2000 General Obligation Bonds to be refunded are referred to as the Refunded Series
2000 General Obligation Bonds and the Series 2003 General Obligation Bonds to be refunded
are referred to as the Refunded Series 2003 General Obligation Bonds.
The Bonds will be payable from ad valorem taxes assessed, levied and collected, without
limitation as to rate or amount, on all taxable property within the corporate limits of the City
(excluding exemptions as provided by applicable law). Such taxes shall be in addition to all
other taxes collected and shall be in an amount sufficient to pay the principal of and interest on
the Bonds as the same shall become due. The full faith, credit and taxing power of the City have
been irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as
the same shall become due and payable. See "AD VALOREM TAXES" herein.
For a complete description of the terms and conditions of the Bonds, reference is made to
the proceedings authorizing the issuance of the Bonds. The description of the Bonds and of the
documents authorizing and securing the same contained herein constitute summaries of certain
provisions thereof, and do not purport to be comprehensive or complete. Reference is made to
the Resolution, a copy of which is attached hereto as Appendix C, and to such other documents,
copies of which are on file at the offices of the City, for a more complete description of such
provisions.
PLAN OF REFUNDING
On the date of original issuance and delivery of the Bonds, the City will deposit a portion
of the proceeds of the Bonds with U.S. Bank National Association, as Escrow Agent (the
"Escrow Agent") for deposit to the credit of a special and irrevocable trust fhd (the "Escrow
2
MIA 182,168,744~5
Deposit Trust Fund") established pursuant to the Escrow Deposit Agreement dated as of
1, 201 1 (the "Escrow Agreement") between the City and the Escrow Agent with
respect to the refunding, defeasance and redemption of the Refunded Series 2003 General
Obligation Bonds. These proceeds will be invested in United States Treasury obligations (the
"Government Obligations, until applied, together with any proceeds remaining uninvested to pay
the principal of and interest on the Refunded Series 2003 General Obligation Bonds to their
redemption date, September 1, 20 13, as required under the Escrow Agreement.
Upon the deposit of such proceeds in the Escrow Deposit Trust Fund and the direction to
give certain notices of defeasance and redemption in connection with the refunding of the
Refunded Series 2003 General Obligation Bonds, in the opinion of Bond Counsel, rendered in
reliance upon the verification report of Causey Demgen & Moore, Inc. described under
"VERIFICATION OF MATHEMATICAL COMPUTATIONS" herein, the Refunded Series
2003 General Obligation Bonds shall no longer be deemed to be outstanding under the
provisions of the resolution pursuant to which they were issued (the "2003 Resolution") and shall
cease to be entitled to any lien, benefit or security under the 2003 Resolution, but shall thereafter
be secured solely by the amounts and securities credited to the Escrow Deposit Trust Fund.
On the date of original issuance and delivery of the Bonds, the City will pay a portion of
the proceeds of the Bonds to, or for the account of, Gulf Breeze, which proceeds will be used to
prepay the outstanding principal of and interest on the Refunded Series 2000 General Obligation
Bonds on such date.
ESTIMATED SOURCES AND USES OF FUNDS
The following table sets forth the estimated sources and uses of funds from the proceeds
of the Bonds:
Sources of Funds
Principal Amount of Bonds
Net Original Issue Premium/Discount
Total Estimated Sources of Funds
Uses of Funds
Deposit to Escrow Deposit Trust Fund for Refunded Series 2003
General Obligation Bonds
Prepayment of Refunded Series 2000 General Obligation Bonds
Cost of Issuance, including Underwriters' Discount
Total Estimated Uses of Funds
THE BONDS
Description of the Bonds
The Bonds will bear interest at the rates and mature in the amounts and on the dates as set
forth on the cover page of this Official Statement. The Bonds will be dated the date of their
original issuance and delivery and will bear interest therefrom payable semi-annually on March 1
and September 1 of each year, commencing March 1, 2012, until maturity. U.S. Bank National
Association, with a designated corporate trust office in Miami, Florida, is acting as Paying Agent
and Bond Registrar for the Bonds.
Interest on the Bonds shall be paid by check or draft drawn upon the Paying Agent and
mailed to the registered owners of the Bonds at the addresses as they appear on the registration
books maintained by the Bond Registrar at the close of business on the 15th day (whether or not
a business day) of the month next preceding the interest payment date (the "Record Date"),
irrespective of any transfer or exchange of such Bonds subsequent to such Record Date and prior
to such interest payment date, unless the City shall be in default in payment of interest due on
such interest payment date; provided, however, that (i) if ownership of Bonds is maintained in a -"
book-entry only system by a securities depository, such payment may be made by automatic
funds transfer (wire) to such securities depository or its nominee or (ii) if such Bonds are not
maintained in a book-entry only system by a securities depository, upon written request of the
holder of $1,000,000 or more in principal amount of Bonds, such payments may be made by
wire transfer to the bank and bank account specified in writing by such holder on or prior to the
Record Date (such bank being a bank within the continental United States), if such holder has
advanced to the Paying Agent the amount necessary to pay the cost of such wire transfer or
authorized the Paying Agent to deduct the cost of such wire transfer from the payment due such
holder. In the event of any default in the payment of interest, such defaulted interest shall be
payable to the persons in whose names such Bonds are registered at the close of business on a
special record date for the payment of such defaulted interest as established by notice deposited
in the U.S. mails, postage prepaid, by the Paying Agent to the registered owners of the Bonds not
less than fifteen (1 5) days preceding such special record date. Such notice shall be mailed to the
persons in whose names the Bonds are registered at the close of business on the fifth (5th) day
(whether or not a business day) preceding the date of mailing.
Redemption Provisions
Optional Redemption. The Bonds maturing on or prior to September 1, 20- shall not be
subject to redemption prior to their maturity. The Bonds maturing on or after September 1,
20- and thereafter shall be subject to redemption prior to their maturity, at the option of the
City, on or after September 1,20-, as a whole or in part at any time, and if in part as selected by
the City among maturities and by lot within a maturity, at a redemption price of 100% of the
principal amount thereof plus accrued interest from the most recent interest payment date to the
redemption date.
Mandatory Redemption. The term Bonds maturing on September 1, 2033 are subject to
mandatory sinking fund redemption prior to maturity, in part and selected by lot, at a redemption
MIA 182,168,744~5
price of 100% of the principal amount thereof, on September 1 in each of the following years and
principal amounts:
Date
(September 1)
2026
2027
2028
2029
2030
203 1
2032
2033*
Principal Amount
Notice of call redemption is to be given by mailing a copy of the redemption notice by
deposit in the U.S. mails at least thirty days (30) but not more than sixty (60) days prior to the - -
redemption date to all registered owners of the Bonds or portions of the Bonds to be redeemed at
their addresses shown on the registration books maintained by the Bond Registrar, or any
successor Bond Registrar appointed by the City pursuant to the Resolution. Failure to mail any
such notice to a registered owner of a Bond, or any defect therein, shall not affect the validity of
the proceedings for the redemption of any Bond or portion thereof with respect to which no
failure or defect occurred. All such Bonds called for redemption and for the retirement of which
funds are duly provided will cease to bear interest on such redemption date.
Book-Entry Only System
THE INFORMATION IN THIS SECTION CONCERNING DTC AND DTC'S BOOK-
ENTRY SYSTEM HAS BEEN OBTAINED FROM SOURCES THAT THE CITY BELIEVES
TO BE RELIABLE, BUT THE CITY DOES NOT TAKE ANY RESPONSIBILITY FOR THE
ACCURACY THEREOF.
The Depository Trust Company ("DTC"), New York, New York, will act as securities
depository for the Bonds. The Bonds will be issued as fully-registered securities registered in the
name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an
authorized representative of DTC. One fully-registered bond will be issued for each maturity of
the Bonds, as set forth on the cover page hereof, and will be deposited with DTC.
DTC, the world's largest depository, is a limited-purpose trust company organized under
the New York Banking Law, a "banking organization" within the meaning of the New York
Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the
meaning of the New York Uniform Commercial Code, and a "clearing agency" registered
pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds
and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity, corporate
and municipal debt issues, and money market instruments (from over 100 countries) that DTC's
participants ("Direct Participants") deposit with DTC. DTC also facilitates the post-trade
settlement among Direct Participants of sales and other securities transactions in deposited
securities through electronic computerized book-entry transfers and pledges between Direct
Participants' accounts. This eliminates the need for physical movement of securities certificates.
Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust
companies, clearing corporations, and certain other organizations. DTC is a wholly-owned
subsidiary of The Depository Trust & Clearing Corporation ("DTCC"). DTCC is the holding
company for DTC, National Securities Clearing Corporation and Fixed Income Clearing
Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its
regulated subsidiaries. Access to the DTC system is also available to others such as both U.S.
and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations
that clear through or maintain a custodial relationship with a Direct Participant, either directly or
indirectly ("Indirect Participants"). DTC has a Standard & Poor's rating of AA+. The DTC
rules applicable to its Participants are on file with the Securities and Exchange Commission.
More information about DTC can be found at www.dtcc.com.
Purchases of Bonds under the DTC system must be made by or through Direct
Participants, which will receive a credit for the Bonds on DTC's records. The ownership interest
of each actual purchaser of Bonds ("Beneficial Owner") is in turn to be recorded on the Direct
and Indirect Participants' records. Beneficial Owners will not receive written confirmation from
DTC of their purchase. Beneficial Owners are, however, expected to receive written
confirmations providing details of the transaction, as well as periodic statements of their
holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into
the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries
made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners.
Beneficial Owners will not receive bond certificates representing their ownership interests in
Bonds, except in the event that use of the book-entry system for the Bonds is discontinued.
To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC
are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as
may be requested by an authorized representative of DTC. The deposit of the Bonds with DTC
and their registration in the name of Cede & Co. or such other DTC nominee do not effect any
change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the
Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such
Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect
Participants will remain responsible for keeping account of their holdings on behalf of their
customers.
Conveyance of notices and other communications by DTC to Direct Participants, by
Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to
Beneficial Owners will be governed by arrangements among them, subject to any statutory or
regulatory requirements as may be in effect from time to time. Beneficial Owners of Bonds may
wish to take certain steps to augment the transmission to them of notices of significant events
with respect to the Bonds, such as redemptions, defaults, and proposed amendments to the Bond
Resolution. For example, Beneficial Owners of Bonds may wish to ascertain that the nominee
holding the Bonds for their benefit has agreed to obtain and transmit notices to Beneficial
Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to
the Bond Registrar and request that copies of notices be provided directly to them.
6
MIA 182,168,744~5
Redemption notices shall be sent by the City and/or the Bond Registrar to DTC. If less
than all of the Bonds of a maturity are being redeemed, DTC's practice is to determine by lot the
amount of the interest of each Direct Participant in such maturity to be redeemed.
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with
respect to Bonds unless authorized by a Direct Participant in accordance with DTC's MMI
Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as
possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting
rights to those Direct Participants to whose accounts Bonds are credited on the record date
(identified in a listing attached to the Omnibus Proxy).
The City and/or the Paying Agent will make payments of principal and interest on the
Bonds to Cede & Co. or to such other nominee as may be requested by an authorized
representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's
receipt of funds and corresponding detail information from the City and/or the Paying Agent, on
payable date in accordance with their respective holdings shown on DTC's records. Payments
by Participants to Beneficial Owners will be governed by standing instructions and customary
practices, as is the case with securities held for the accounts of customers in bearer form or
registered in "street name," and will be the responsibility of such Participant and not of DTC nor
its nominee, the Paying Agent, or the City, subject to any statutory or regulatory requirements as
may be in effect from time to time. Payment of principal, redemption price and interest to Cede
& Co. (or such other nominee as may be requested by an authorized representative of DTC) is
the responsibility of the City and/or the Paying Agent, disbursement of such payments to Direct
Participants will be the responsibility of DTC, and disbursement of such payments to the
Beneficial Owners will be the responsibility of Direct and Indirect Participants.
DTC may discontinue providing its services as securities depository with respect to the
Bonds at any time by giving reasonable notice to the City. Under such circumstances, in the
event that a successor securities depository is not obtained, bond certificates representing the
Bonds are required to be printed and delivered.
The City may decide to discontinue use of the system of book-entry transfers through
DTC (or any successor securities depository). In that event, bond certificates representing the
Bonds will be printed and delivered.
THE CITY, THE PAYING AGENT AND THE BOND REGISTRAR WILL HAVE NO
RESPONSIBILITY OR OBLIGATION TO THE BENEFICIAL OWNERS, DTC
PARTICIPANTS OR THE PERSONS FOR WHOM DTC PARTICIPANTS ACT AS
NOMINEES WITH RESPECT TO THE BONDS IN RESPECT OF THE ACCURACY OF
ANY RECORDS MAINTAINED BY DTC OR ANY DTC PARTICIPANT, THE PAYMENT
BY DTC OR ANY DTC PARTICIPANT OF ANY AMOUNT IN RESPECT OF THE
PRINCIPAL OR INTEREST ON THE BONDS, ANY NOTICE WHICH IS PERMITTED OR
REQUIRED TO BE GIVEN TO BONDHOLDERS UNDER THE BOND RESOLUTION, OR
ANY CONSENT GIVEN OR ACTION TAKEN BY DTC AS BONDHOLDER. SO LONG AS
CEDE & CO. IS THE REGISTERED OWNER OF THE BONDS, AS NOMINEE OF DTC,
THE BENEFICIAL OWNERS WILL NOT RECEIVE PHYSICAL CERTIFICATES
REPRESENTING THEIR INTERESTS IN THE BONDS, AND REFERENCES HEREIN TO
7
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BONDHOLDERS OR REGISTERED HOLDERS OF SUCH BONDS SHALL MEAN CEDE &
CO. AND SHALL NOT MEAN THE BENEFICIAL OWNERS OF SUCH BONDS.
For every transfer and exchange of beneficial interests in the Bonds, the Beneficial Owner may
be charged a sum sufficient to cover any tax, fee or other government charge that may be
imposed in relation thereto.
Registration, Transfer and Exchange
So long as the Book-Entry Only system is in place for the Bonds, the registered owner of
the Bonds for all purposes will be Cede & Co. See "Book-Entry Only System" herein. In the
event that the Book-Entry Only system is discontinued, any Bond may be transferred upon the
registration books maintained by the Bond Registrar upon delivery thereof to the designated
corporate trust office of the Bond Registrar accompanied by a written instrument or instruments
of transfer in form and with guaranty of signature satisfactory to the Bond Registrar, duly
executed by the Bondholder or his attorney-in-fact or legal representative, containing written
instructions as to the details of the transfer of such Bond, along with the social security number
or federal employer identification number of such transferee. In all cases of a transfer of a Bond,
the Bond Registrar shall at the earliest practical time in accordance with the terms hereof enter
the transfer of ownership in the registration books and shall deliver in the name of the new
transferee or transferees a new fully registered Bond or Bonds of the same maturity and of
authorized denomination or denominations, for the same aggregate principal amount and payable
from the same source of funds. Bonds may be exchanged at the office of the Bond Registrar for
a like aggregate principal amount of Bonds, of other authorized denominations of the same
maturity. The City and the Bond Registrar may charge the Bondholder for the registration of
every transfer or exchange of a Bond an amount sufficient to reimburse them for any tax, fee or
any other governmental charge required (other than by the City) to be paid with respect to the
registration of such transfer or exchange, and may require that such amounts be paid before any
such new Bond shall be delivered.
The City, the Paying Agent and the Bond Registrar may deem and treat the registered
owner of any Bond as the absolute owner of such Bond for the purpose of receiving payment of
the principal thereof and the interest thereon.
SECURITY FOR THE BONDS
The Bonds are payable fiom ad valorem taxes assessed, levied and collected on all
taxable property in the City (excluding exemptions as provided by applicable law) without
limitation as to rate or amount. The direct annual property tax provided to pay the Bonds is
required to be levied upon all taxable property within the corporate limits of the City, except
property of such nature as may be exempt fiom taxation under the provisions of the Constitution
and laws of the State of Florida (the "State"). The taxes so levied and collected shall be in
addition to all other taxes so collected, shall be in an amount sufficient to pay the principal of
and interest on the Bonds as the same shall become due and shall be assessed, levied and
collected in the same manner and at the same time as other taxes. The proceeds of such tax shall
be applied solely to the payment of the principal of and interest on the Bonds. See "AD
VALOREM TAXATION" herein.
8
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The full faith, credit and taxing power of the City are irrevocably pledged to the punctual
payment of the principal of and interest on the Bonds as the same shall become due and payable.
AD VALOREM TAXATION
General
The Bonds are general obligation bonds and are secured by the proceeds of a direct
annual tax levied upon all taxable property within the City.
Under Florida law, the assessment of all properties and the collection of all county,
school board, special taxing district, and municipal property taxes are consolidated in the offices
of the county property appraiser and county tax collector. The Florida Constitution limits the
aggregate rate of ad valorem taxes that may be levied on real and personal property, The
limitation, except as noted below, is ten mills each for all county and municipal purposes. A mill
is equal to one-tenth of one cent of one dollar or $1 .OO for every $1,000 of assessed value. There
is no limitation as to rate or amount of ad valorem taxes approved by referendum for payment of
indebtedness such as the case with the Bonds.
Each respective millage rate, except as limited by law, is set on the basis of estimates of
revenue needs and total taxable property valuations within the taxing authority's respective
jurisdiction. Ad valorem taxes are not levied in excess of actual budget requirements. In setting
millage rates, the applicable governmental unit is required by state law to assume a 95% tax
collection rate.
In 1973, the State of Florida enacted legislation to encourage public awareness of
spending and taxing decisions made by local elected officials. This legislation was amended in
1980 by the "TRIM BILL" (Truth in Millage), now codified as Section 200.065, Florida Statutes.
That legislation provides that, if the tax rate established by the governing board exceeds the
rolled-back tax rate, the taxing authority shall publish notice of the proposed tax increase prior to
the public hearing required to be held for the adoption of the final budget and millage rate. Under
Section 200.065, a "rolled back tax rate" is defined as the millage rate that would produce the
same amount of ad valorem taxes in each current year as were levied in the prior year, exclusive
of any increase in assessments resulting from new construction and geographic boundary
changes.
Property Assessment Procedures
Real and personal property valuations in Miami-Dade County, Florida (the "County"),
are determined each year as of January 1 by the County Property Appraiser's Office. The
assessment roll is prepared between each January 1 and July I, with each taxpayer given notice
of the proposed assessed value of his or her property in August.
The property owner has the right to file an appeal with the Value Adjustment Board,
which considers petitions relating to assessments and exemptions. The Value Adjustment Board
certifies the assessment roll upon completion of the hearing of all appeals. Millage rates are then
computed by the various taxing authorities and certified to the Property Appraiser, who applies
MIA 182,168,744~5
the millage rates to the assessment roll. This procedure creates the tax roll that is then annually
turned over to the county tax collector on or about the first Monday in October.
Levy of Ad Valorem Taxes
A notice is mailed to each property owner on the tax roll for the taxes levied by counties,
school boards, municipalities and other taxing authorities. Taxes may be paid upon receipt of
such notice with discounts at the rate of 4%, if paid in the month of November; 3%, if paid in the
month of December; 2%, if paid in the month of January; and I%, if paid in the month of
February. Taxes paid on real and personal property become delinquent on April 1 of the year
following the year in which the taxes were levied.
All taxes are due and payable on November 1 of each year or as soon thereafter as the
certified tax roll is received by the county tax collector. Taxes become delinquent on April 1
following the year in which they are assessed or 60 days after mailing of the original tax notice,
whichever is later. If the delinquency date for ad valorem taxes is later than April 1 of the year
following the year in which taxes are assessed, all dates or time periods specified in the Florida
Statutes relative to the collection of, or administrative procedures regarding, delinquent taxes
shall be extended a like number of days.
Except as noted below under the subheading "Recent Property Tax Reform," exemptions
from the ad valorem tax include the first $25,000 of assessed value for a permanent residence
(herein, "Homestead Property"); property owned by certain permanently and totally disabled
persons; renewable energy sources improvements; inventory; property used by hospitals, nursing
homes, homes for special services and property used by nonprofit homes for the aged; education
property; property owned by certain charitable, literary, religious or scientific organizations;
property owned by not-for-profit sewer and water companies; and the first $500 of property of
every widow, blind person or disabled person. An additional homestead exemption of up to
$50,000 of assessed value may be granted by a city or county for persons 65 or older subject to
certain income limitations.
By voter referendum held on November 2, 1992, Article VII, Section 4 of the Florida
Constitution was amended by adding thereto a subsection which, in effect, limits the increases in
assessed just value of homestead property to the lesser of (1) three percent of the assessment for
the prior year or (2) the percentage change in the Consumer Price Index, as further defined
therein. This Amendment is commonly referred to as "Save Our Homes Amendment." Further,
such amendment provides that (1) no assessment shall exceed just value, (2) after any change of
ownership of homestead property or upon termination of homestead status such property shall be
reassessed at just value as of January 1 of the year following the year of sale or change of status,
(3) new homestead property shall be assessed at just value as of January 1 of the year following
the establishment of the homestead, and (4) changes, additions, reductions or improvements to
homestead shall initially be assessed as provided for by general law, and thereafter as provided in
the amendment.
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Recent Property Tax Reform
Effective January 1, 2008, changes to Florida's property tax laws created a new formula
for calculating assessed value of Homestead Property. "Assessed value" is the official value
upon which real properties may be taxed in Florida. Under the new formula, if an owner of a
Homestead Property purchases a new Homestead Property for greater value, the assessed value
of the new Homestead Property would equal the purchase price of the new Homestead Property
minus the difference between the purchase price of the previous Homestead Property and the
assessed value of the previous Homestead Property, or $500,000, whichever is less. For
Homestead Property owners already receiving a property tax exemption of $25,000 on the
assessed value of their homes, the new law creates an additional $25,000 exemption on the
assessed value of Homestead Property greater than $50,000 for all property tax levies except
school taxes. Also, the first $25,000 of tangible personal property will be exempt from taxation.
In the November 4, 2008 general election, the voters approved amendments to the Florida
Constitution which, among other things: (a) allow the Florida Legislature, by general law, to
exempt from assessed value of residential homes, improvements made to protect property from
wind damage and installation of a new renewable energy source device; (b) assess specified
working waterfront properties based on current use rather than highest and best use; (c)
beginning in 2010, provide property tax exemption for real property that is perpetually used for
conservation, and, for land not perpetually encumbered, require the Florida Legislature to
provide classification and assessment of land use for conservation purposes solely on the basis of
character or use. At this time, the extent to which these amendments may affect the ad valorem
tax collections of the City in future years is not currently known.
Additionally, effective January 1, 2009, increases in annual assessments on certain non-
Homestead Property will be capped at 10% annually for all tangible personal property tax levies.
The cap on annual increases is effective for a ten (10) year period, subject to extension by an
affirmative vote of the Florida electorate. The limitation on increases in assessed value of non-
homestead property does not apply however to school district taxes. The impact of these
changes to property tax receipts cannot yet be determined.
In May 2009, the Florida Legislature adopted HB 833, allowing an additional homestead
exemption for deployed military personnel. The exemption was approved by Florida voters in
the November 201 0 general election, and took effect January 1, 20 1 1. The exemption is equal to
the percentage of days during the prior calendar year that the military homeowner was deployed
outside of the United States in support of military operations designated by the Florida
Legislature.
Proposed Amendments
HB 381, adopted by the Florida Legislature in 201 1, proposes a reduction from 10% to
5% on the limitation on annual ad valorem assessment increases applicable to non-homestead
property and provides for a first-time homestead exemption equal to 50% of the property's value,
up to the median value for homestead property in the City, and declining by 20% per year over
five (5) years, which would be available to each person who has not received a homestead
exemption in the last three (3) years.
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The proposed amendment will only take effect if at least 60% of the persons voting in the
election approve the amendments. The City has not yet completed an analysis of the impact of
these proposals on the level of ad valorem taxes that the County will collect.
Voter Approved Debt
The City has the authority to increase it millage levy for debt supported by unlimited ad
valorem taxes, including the Bonds, and any limitations, exemptions or adjustments pertaining to
millage rates otherwise provided in State law do not affect the ability of the City to levy and
collect ad valorem taxes in amounts sufficient to pay principal of, and interest on, the Bonds.
The following schedule reflects the total assessed value and total taxable value for
operating millage of the City's taxable property in each of the past ten years.
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CITY OF MIAMI BEACH, FLORIDA
ASSESSED VALUE AND ACTUAL VALUE OF TAXABLE PROPERTY,
LAST TEN FISCAL YEARS
(in thousands of dolla;.s)
Fiscal
Year Less: Total Total
Ended Tax- Taxable Direct
September Residential Commercial Industrial Other Exempt Assessed Tax
3 0, Property Property Property Property Property Value Rate
Source: 2010 Tax Roll for Miami-Dade County
Note: Property in the city is reassessed each year. Property is assessed at actual value; therefore, the assessed values
are equal to actual value. Tax rates are per $1,000 of assessed value.
(I) Data not available in individual property categories for this year.
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Millage Rates
The County assesses and collects all ad valorem taxes within the County. While only one
tax bill per property owner emanates from the County, the bill represents ad valorem taxes levied
by the County and other taxing authorities within or coterminous with the County, which
includes the City. The following table shows the tax millage rates for the fiscal years 2001 - 201 0
within the City.
CITY OF MIAMI BEACH, FLORIDA
DIRECT AND OVERLAPPING PROPERTY TAX RATES,
LAST TEN FISCAL YEARS
(rate per $1,000 of assessed value)
City of Miami Beach Direct Rates Overlapping ~ates(')
Fiscal Year Debt Total School
Ended Operating Service Direct District County State
Millage Total September 30, Millage Millage Millage Millage Millage
Source: Miami-Dade County, Florida; Department of Property Appraisal 2010 Millage Table
Note: The city's basic property tax rate may be increased only by a majority vote of the city's residents. Rates for debt service are
set based on each year's requirement.
(1) Overlapping rates are those of local and county governments that apply to owners within the City. Not all overlapping rates
apply to all City property owners.
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Tax Collection
All ad valorem taxes become due and payable on November I, and become delinquent on
the following April I, at which time they bear interest at not more than 18% per annum until a
tax certificate is sold with respect to real property taxes and until paid with respect to personal
property taxes. Discounts are allowed for early payment of 4% if paid in November, 3% if paid
in December, 2% if paid in January, and 1% if paid in February. All taxes collected are
distributed by the Tax Collector to the applicable taxing units. It is the Tax Collector's duty on
or before June I of each year to advertise and sell tax certificates on real property tax
delinquencies extending from the previous April I. Delinquent taxes may be paid by the
property owner prior to sale of tax certificates upon payment of all costs, delinquent taxes and
interest at the rate of not more than 18% per annum. The tax certificates must be for an amount
not less than the taxes due, plus interest from April I to the date of sale at not more than 18% per
annum, together with the cost of advertising and expense of the sale. Each tax certificate is
awarded to the bidder paying the above amounts and who accepts the lowest interest to be borne
by the tax certificate after its sale. If there are no bidders, the County must hold, but not pay for,
such tax certificates. Thereafter, the County may sell such tax certificates to the public at any
time at the principal amount thereof plus interest at not more than 18% per annurn and a fee.
With respect to personal property tax delinquencies, such delinquent taxes must be advertised
within 45 days after delinquency and, after May 1, the property is subject to warrant, levy,
seizure and sale. The proceeds of the sale of the tax certificates are distributed to the respective
taxing agencies.
Tax certificates held by persons other than the County may be redeemed and cancelled by
any person prior to the time a tax deed is issued upon payment of the face amount of the tax
certificate plus interest, costs and other charges. Holders of tax certificates, other than the
County, which have not been redeemed may, at any time after two years but prior to seven years
from date of issuance, file an application for a tax deed with the Tax Collector upon payment of
all other outstanding tax certificates on such property plus interest, any omitted taxes plus
interest, and delinquent taxes plus interest covering the real property. Thereafter, the property is
advertised for public sale at auction to the highest bidder, subject to certain minimum bids. If
there are no other bidders, the holder of the tax certificate receives title to the land. If the tax
certificate is held by the County and the County has not succeeded in selling it within two years,
the County applies for a tax deed upon payment of all applicable costs and fees but not any
amount to redeem the tax certificate. Such property is then also advertised for public sale to the
highest bidder, subject to certain minimum bids. If there are no other bidders, the County may
purchase the land for the minimum bid. In the case of unsold lands, after seven years the County
will take title to such lands.
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City of Miami Beach, Florida
Property Tax Levies and Collections
Fiscal Years 2000 - 2009
Collected within the
Fiscal year of the Levy
Tax Total Percentage Amount
year(') Tax Levy of Levy
Source: City of Miami Beach, Comprehensive Annual Financial Report 2010
(1) Assessments as of January 1 of the year listed; bills mailed in October of that
year; taxes become delinquent at the end of April of the subsequent year.
(2) Breakdown between current and delinquent collections not available.
Collections represent total of current and delinquent collection received during
the year.
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The table below shows ad valorem tax rates and ad valorem tax levies for general
government operations and debt service.
City of Miami Beach, Florida
Statement of Tax Levies and Tax Rates
Fiscal Years 2001 through 2010
Fiscal
Year
200 1
2002
2003
2004
2005
2006
2007
2008
2009
2010
General Fund
Tax Levy Millage
$58,683,089 7.399
64,965,443 7.299
73,3 14,878 7.299
83,494,502 7.299
99,295,022 7.425
123,778,68 1 7.48 1
158,385,622 7.374
140,410,733 5.656
139,080,045 5.656
124,119,059 5.656
Debt Service Fund
Tax Levy Millage
$9,168,489 1.156
9,585,941 1.077
10,275,534 1.023
9,997,835 0.874
10,003,054 0.748
9,795,078 0.592
6,422,200 0.299
6,007,673 0.242
5,827,788 0.237
5,639,780 0.257
Total
Tax Lew Millage
8.555
8.376
8.322
8.173
8.173
8.073
7.673
5.898
5.893
5.913
Source: City of Miami Beach, Florida Comprehensive Annual Financial Report 2010 and City of Miami Beach
Finance Department.
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CITY OF MIAMI BEACH, FLORIDA
COMPUTATION OF DIRECT AND OVERLAPPING BONDED DEBT
SEPTEMBER 30,2010
DIRECT DEBT
General obligation indebtedness
Public improvement bonds (net of amount available)
Non-self-supporting indebtedness: (1)
Gulf Breeze Government Loan Program
Pension Obligation Bonds
Tax Increment Revenue Bonds
Less: Reserve funds
Total non-self-supporting indebtedness
Total direct indebtedness
OVERLAPPING DEBT (2)
Miami-Dade County
Total general obligation indebtedness
Percent applicable to City - 10.441 5% (3)
Total school district obligation indebtedness
Percent applicable to City - 10.441 5% (3)
Total net non-self-supporting indebtedness
Percent applicable to City - 10.441 5% (3)
Total overlapping debt
TOTAL DIRECT AND OVERLAPPING DEBT
Source: City of Miami Beach, Florida Comprehensive Annual Financial Report 2010.
(1) Excludes self-supporting debt obligations.
(2) All debt listed as Overlapping Debt is secured either solely from a tax source or from a combination of self-supporting
revenues and a tax source.
(3) Based upon 2010 assessed valuation figures for the City and Miami-Dade County.
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City of Miami Beach, Florida
Summary of Direct and Overlapping Debt
As of September 30,2010
Financial Parameters
Population (2009) ........................................................................................ 92,833
............. Total Assessed Valuation - City of Miami Beach (Tax Year 2009) $24,694,916,494
Total Taxable Valuation - City of Miami Beach (Excluding Homestead)
........................................................................................... (Tax Year 2009) $23,102,387,589
SOURCE: City of Miami Beach, Florida, Finance Department. (Unaudited)
Financial Ratios
2010
Percent of Percent of -.
Assessed Taxable Per
Valuation Valuation Capita
DIRECT DEBT
Ad Valorem ........................................................ 0.28% 0.30% $ 756
Non-self-supporting ................... ... ................. 0.54 0.58 1,448
Total Direct Debt ........................ ... ................. 0.83 0.89 2,204
Total Overlapping Debt ............................ .. ....... 1.50 1.60 3,980
Total Direct and Overlapping Debt ...................... 2.32 2.49 6,184
VALUATION
..................................... Total Assessed Valuation
..................................... Total Taxable Valuation
SOURCE: City of Miami Beach, Florida, Finance Department. (Unaudited)
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DEBT SERVICE REQUIREMENTS
The table below shows the debt service payable on the Bonds and the City's outstanding
general obligation bonds.
The Bonds
Fiscal Outstanding Total
Year Debt Sewice Principal Interest Total Debt Service
2012
2013
2014
2015
2016
2017
2018
2019
2020
202 1
2022
2023
2024
2025
2026
2027
2028
2029
2030
203 1
2032
2033
TOTAL
SOURCE: City of Miami Beach, Florida, Finance Department
FUTURE BOND SALES
The City currently has no plans to issue additional general obligation bonds. Depending
on market conditions, the City expects to issue approximately $54 million in aggregate principal
amount of its Stormwater Revenue Bonds, Series 201 IA, and $28 million in aggregate principal
amount of its Stormwater Revenue Refunding Bonds, Series 201 1B by the end of the current
calendar year. This debt would be payable from the net revenues of the City's Stormwater
Utility System.
LITIGATION
There is no litigation or other proceedings, of any nature now pending with regard to
which the City has received service of process or, to the actual knowledge of the City, threatened
against the City, with regard to which an unfavorable decision, ruling or finding (i) would
materially and adversely affect the validity or enforceability of the Bonds, or (ii) would have a
material adverse effect on the levy and collection of the ad valorem taxes pledged to the payment
of the Bonds.
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TAX MATTERS
In the opinion of Squire, Sanders & Dempsey (US) LLP, Bond Counsel, under existing
law: (i) interest on the Bonds is excluded fkom gross income for federal income tax purposes
under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), and is not an
item of tax preference for purposes of the federal alternative minimum tax imposed on
individuals and corporations; and (ii) the Bonds and the income thereon are exempt from
taxation under the laws of the State of Florida, except estate taxes imposed by Chapter 198,
Florida Statutes, as amended, and net income and franchise taxes imposed by Chapter 220,
Florida Statutes, as amended. Bond Counsel expresses no opinion as to any other tax
consequences regarding the Bonds.
The opinion on tax matters will be based on and will assume the accuracy of certain
representations and certifications, and continuing compliance with certain covenants, of the City
contained in the transcript of proceedings and that are intended to evidence and assure the
foregoing, including that the Bonds are and will remain obligations the interest on which is
excluded from gross income for federal income tax purposes. Bond Counsel will not
independently verify the accuracy of the City's representations and certifications or the - .
continuing compliance with the City's covenants.
The opinion of Bond Counsel is based on current legal authority and covers certain
matters not directly addressed by such authority. It represents Bond Counsel's legal judgment as
to exclusion of interest on the Bonds from gross income for federal income tax purposes but is
not a guaranty of that conclusion. The opinion is not binding on the Internal Revenue Service
("IRS") or any court. Bond Counsel expresses no opinion about (i) the effect of future changes
in the Code and the applicable regulations under the Code or (ii) the interpretation and the
enforcement of the Code or those regulations by the IRS.
The Code prescribes a number of qualifications and conditions for the interest on state
and local government obligations to be and to remain excluded from gross income for federal
income tax purposes, some of which require future or continued compliance after issuance of the
obligations. Noncompliance with these requirements by the City may cause loss of such status
and result in the interest on the Bonds being included in gross income for federal income tax
purposes retroactively to the date of issuance of the Bonds. The City has covenanted to take the
actions required of it for the interest on the Bonds to be and to remain excluded from gross
income for federal income tax purposes, and not to take any actions that would adversely affect
that exclusion. After the date of issuance of the Bonds, Bond Counsel will not undertake to
determine (or to so inform any person) whether any actions taken or not taken, or any events
occurring or not occurring, or any other matters coming to Bond Counsel's attention, may
adversely affect the exclusion from gross income for federal income tax purposes of interest on
the Bonds or the market value of the Bonds.
A portion of the interest on the Bonds earned by certain corporations may be subject to a
federal corporate alternative minimum tax. In addition, interest on the Bonds may be subject to a
federal branch profits tax imposed on certain foreign corporations doing business in the United
States and to a federal tax imposed on excess net passive income of certain S corporations.
Under the Code, the exclusion of interest from gross income for federal income tax purposes
2 1
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may have certain adverse federal income tax consequences on items of income, deduction or
credit for certain taxpayers, including financial institutions, certain insurance companies,
recipients of Social Security and Railroad Retirement benefits, those that are deemed to incur or
continue indebtedness to acquire or carry tax-exempt obligations, and individuals otherwise
eligible for the earned income tax credit. The applicability and extent of these and other tax
consequences will depend upon the particular tax status or other tax items of the owner of the
Bonds. Bond Counsel will express no opinion regarding those consequences.
Payments of interest on tax-exempt obligations, including the Bonds, are generally
subject to IRS Form 1099-INT information reporting requirements. If a Bond owner is subject to
backup withholding under those requirements, then payments of interest will also be subject to
backup withholding. Those requirements do not affect the exclusion of such interest from gross
income for federal income tax purposes.
Legislation affecting tax-exempt obligations is regularly considered by the United States
Congress and may also be considered by the State legislature, Court proceedings may also be
filed the outcome of which could modify the tax treatment of obligations such as the Bonds.
There can be no assurance that legislation enacted or proposed, or actions by a court, after the
date of issuance of the Bonds will not have an adverse effect on the tax status of interest on the
Bonds or the market value of the Bonds. These adverse effects could result, for example, from
changes to federal or state income tax rates, changes in the structure of federal or state income
taxes (including replacement with another type of tax), or repeal (or reduction in the benefit) of
the exclusion of interest on the Bonds from gross income for federal or state income tax purposes
for all or certain taxpayers.
For example, on September 12, 201 1, President Obarna's administration announced a
legislative proposal it called the American Jobs Act that could, among other things, result in
additional federal income tax for tax years beginning after 2012 on taxpayers that own tax-
exempt bonds, including the Bonds, if they have incomes above certain thresholds.
Prospective purchasers of the Bonds should consult their own tax advisers regarding
pending or proposed federal and state tax legislation and court proceedings, and prospective
purchasers of the Bonds at other than their original issuance at the respective prices indicated on
the cover of this Official Statement should also consult their own tax advisers regarding other tax
considerations such as the consequences of market discount, as to all of which Bond Counsel
expresses no opinion.
Bond Counsel's engagement with respect to the Bonds ends with the issuance of the
Bonds, and, unless separately engaged, Bond Counsel is not obligated to defend the City or the
owners of the Bonds regarding the tax status of interest thereon in the event of an audit
examination by the IRS. The IRS has a program to audit tax-exempt obligations to determine
whether the interest thereon is includible in gross income for federal income tax purposes. If the
IRS does audit the Bonds, under current IRS procedures, the IRS will treat the City as the
taxpayer and the beneficial owners of the Bonds will have only limited rights, if any, to obtain
and participate in judicial review of such audit. Any action of the IRS, including but not limited
to selection of the Bonds for audit, or the course or result of such audit, or an audit of other
obligations presenting similar tax issues, may affect the market value of the Bonds.
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Original Issue Discount and Original Issue Premium
Certain of the Bonds ("Discount Bonds") as indicated on the cover of this Official
Statement were offered and sold to the public at an original issue discount ("OID"). OID is the
excess of the stated redemption price at maturity (the principal amount) over the "issue price" of
a Discount Bond. The issue price of a Discount Bond is the initial offering price to the public
(other than to bond houses, brokers or similar persons acting in the capacity of underwriters or
wholesalers) at which a substantial amount of the Discount Bonds of the same maturity is sold
pursuant to that offering. For federal income tax purposes, OID accrues to the owner of a
Discount Bond over the period to maturity based on the constant yield method, compounded
semiannually (or over a shorter permitted compounding interval selected by the owner). The
portion of OID that accrues during the period of ownership of a Discount Bond (i) is interest
excluded from the owner's gross income for federal income tax purposes to the same extent, and
subject to the same considerations discussed above, as other interest on the Bonds, and (ii) is
added to the owner's tax basis for purposes of determining gain or loss on the maturity,
redemption, prior sale or other disposition of that Discount Bond. A purchaser of a Discount
Bond in the initial public offering at the price for that Discount Bond stated on the cover of this
Official Statement who holds that Discount Bond to maturity will realize no gain or loss upon the
retirement of that Discount Bond.
Certain of the Bonds ("Premium Bonds") as indicated on the cover of this Official
Statement were offered and sold to the public at a price in excess of their stated redemption price
(the principal amount) at maturity. That excess constitutes bond premium. For federal income
tax purposes, bond premium is amortized over the period to maturity of a Premium Bond, based
on the yield to maturity of that Premium Bond (or, in the case of a Premium Bond callable prior
to its stated maturity, the amortization period and yield may be required to be determined on the
basis of an earlier call date that results in the lowest yield on that Premium Bond), compounded
semiannually. No portion of that bond premium is deductible by the owner of a Premium Bond.
For purposes of determining the owner's gain or loss on the sale, redemption (including
redemption at maturity) or other disposition of a Premium Bond, the owner's tax basis in the
Premium Bond is reduced by the amount of bond premium that is amortized during the period of
ownership. As a result, an owner may realize taxable gain for federal income tax purposes from
the sale or other disposition of a Premium Bond for an amount equal to or less than the amount
paid by the owner for that Premium Bond. A purchaser of a Premium Bond in the initial public
offering at the price for that Premium Bond stated on the cover of this Official Statement who
holds that Premium Bond to maturity (or, in the case of a callable Premium Bond, to its earlier
call date that results in the lowest yield on that Premium Bond) will realize no gain or loss upon
the retirement of that Premium Bond.
Owners of Discount Bonds and Premium Bonds should consult their own tax advisers
as to the determination for federal income tax purposes of the amount of OID or bond
premium properly accruable or amortizable in any period with respect to the Discount Bonds
or Premium Bonds and as to other federal tax consequences and the treatment of OID and
bond premium for purposes of state and local taxes on, or based on, income.
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UNDERWRITING
The Bonds are being purchased by the Underwriters, subject to certain terms and
conditions set forth in the purchase contract between the City and the Underwriters, including the
delivery of opinions on certain legal matters related to the issuance of the Bonds by Bond
Counsel and the existence of no material adverse change in the condition of the City from that
set forth in the Official Statement.
The Bonds are being purchased at a purchase price of $ (representing a
principal amount of $ plus net original issue premium of $ and less
an underwriters' discount of $ ). The Bonds are offered for sale to the public at the
yields set forth on the cover page of this Official Statement. The Bonds may be offered and sold
to certain dealers at prices lower than such offering prices, and such public offering prices may
be changed from time to time by the Underwriters.
FINANCIAL ADVISOR
RBC Capital Markets, LLC, Miami, Florida is serving as financial advisor to the City and
has acted in such capacity with respect to the sale and issuance of the Bonds. The Financial
Advisor assisted in the preparation of this Official Statement and in other matters relating to the
planning, structuring and issuance of the Bonds. RBC Capital Markets, LLC did not engage in
any underwriting activities with regard to the issuance and sale of the Bonds. The Financial
Advisor is not obligated to undertake and has not undertaken to make an independent verification
or to assume responsibility for the accuracy, completeness or fairness of the information
contained in this Official Statement and is not obligated to review or ensure compliance with the
undertaking by the City to provide continuing secondary market disclosure. [RBC Capital
Markets, LLC may assist the City in bidding certain investments on behalf of the City which
may result in additional fees being paid to RBC Capital Markets, LLC.]
RATINGS
Moody's Investors Services, Inc. ("Moody's") and Standard & Poor's Rating Services
("S&PM) have assigned ratings of "-" and "" respectively, to the City's unenhanced general
obligation debt. Such ratings reflect only the views of such organizations and any desired
explanation of the significance of such ratings should be obtained from the rating agency
furnishing the same, at the following addresses: Moody's Investors Services, Inc., 7 World Trade
Center at 250 Greenwich Street, New York, New York 10007 and Standard & Poor's Rating
Services, 55 Water Street, New York, New York 10041. Generally, a rating agency bases its
rating on the information and materials furnished to it and on investigations, studies and
assumptions of its own. There is no assurance that any such ratings will continue for any given
period of time or that such ratings will not be revised downward or withdrawn entirely by the
rating agency concerned, if in the judgment of such rating agency, circumstances so warrant.
Any such downward revision or withdrawal of any such ratings may have an adverse effect on
the market price of the Bonds.
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LEGAL MATTERS
Certain legal matters incident to the issuance of the Bonds are subject to the legal opinion
of Squire, Sanders & Dempsey (US) LLP, Miami, Florida, Bond Counsel, whose legal opinion
will be available at the time of delivery of the Bonds. The proposed form of such opinion is
attached hereto as Appendix E. Certain legal matters will be passed upon for the City by Jose
Smith, City Attorney, and for the Underwriters by Greenberg Traurig, P.A., Miami, Florida,
Counsel to the Underwriters.
The actual legal opinion to be delivered by Bond Counsel may vary from the text of
Appendix E, if necessary, to reflect facts and law on the date of delivery of the Bonds. The
opinion will speak only as of its date and subsequent distribution of it by recirculation of this
Official Statement or otherwise shall not create any implication that subsequent to the date of the
opinion Bond Counsel has affirmed its opinion.
The legal opinion of Bond Counsel will be limited to the matters stated therein and will
make no statement regarding the accuracy and completeness of this Official Statement.
The legal opinion of Bond Counsel is based on existing law, which is subject to change.
Such opinion is further based on factual representations made to Bond Counsel as of the date
thereof. Bond Counsel assumes no duty to update or supplement its opinion to reflect any facts
or circumstances, including changes in law that may thereafter occur or become effective.
The legal opinions to be delivered concurrently with the delivery of the Bonds express
the professional judgment of the attorneys rendering the opinions regarding the legal issues
expressly addressed therein. By rendering a legal opinion, the attorneys providing such opinion
do not become insurers or guarantors of the result indicated by that expression of professional
judgment, of the transaction on which the opinion is rendered, or of the future performance of
parties to the transaction. Nor does the rendering of an opinion guarantee the outcome of any
legal dispute that may arise out of the transaction.
CONTINUING DISCLOSURE
The City will covenant for the benefit of Bondholders to provide certain financial
information and operating data relating to the City and the ad valorem taxes not later than 240
days following the end of each Fiscal Year ending on or after September 30, 201 1 (the "Annual
Reportyy), and to provide, or cause to be provided, notices of the occurrence of certain
enumerated events. The Annual Report and notices of events will be filed with the Municipal
Securities Rulemaking Board. Digital Assurance Certification, L.L.C. will act as disclosure
dissemination agent for the City. The specific nature of the information to be contained in the
Annual Report and the notices of events is contained in "APPENDIX D - Form of Disclosure
Dissemination Agent Agreement." These covenants have been made in order to assist the
Underwriters in complying with S.E.C. Rule 15c2- 12(b)(5).
During the past five years, the City has complied in all material respects with its existing
undertakings pursuant to Rule 15c2- 12(b)(5).
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CONTINGENT FEES
The City has retained Bond Counsel and the Financial Advisor in connection with the
issuance of the Bonds. Payment of the fees of such professionals and the fees of Underwriters
and their counsel are each contingent upon the issuance of the Bonds.
VERIFICATION OF MATHEMATICAL COMPUTATIONS
The arithmetical accuracy of certain computations included in the schedules provided by
the Financial Advisor relating to the forecasted receipts of principal of and interest on the
Government Obligations to pay the principal of and interest on the Refunded Series 2003
General Obligation Bonds through and including their redemption date, and supporting the
conclusion of Bond Counsel that the Bonds do not constitute "arbitrage bonds" under Section
148 of the Code, was examined by Causey Demgen & Moore, Inc. Such computations were
based solely upon assumptions and information supplied by the Financial Advisor. Causey
Demgen & Moore, Inc. has restricted its procedures to examining the arithmetical accuracy of
certain computations and has not made any study or evaluation of the assumptions and
information upon which the computations are based and, accordingly, has not expressed an
opinion on the data used, the reasonableness of the assumptions, or the achievability of the
forecasted outcome.
DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS
Florida law requires that the City make a full and fair disclosure of any bonds or other
debt obligations which it has issued or guaranteed and which are or have been in default as to
principal or interest at any time after December 3 1, 1975 (including bonds or other debt
obligations for which it has served as a conduit issuer). The City has not defaulted on the
payment of principal or interest with respect to bonds or other debt obligations issued by the City
at any time after December 3 1, 1975.
MISCELLANEOUS
All of the summaries or portions of the Resolution, the Act and any other documents
described herein are made subject to all of the detailed provisions of such acts or documents, to
which reference is hereby made for further information. The foregoing summaries do not
purport to be complete statements of any of the provisions of such acts or documents.
CERTIFICATE CONCERNING THE OFFICIAL STATEMENT
Concurrently with the delivery of the Bonds, the City will furnish its certificate, executed
by the Mayor and City Manager, to the effect that, to the best of their knowledge, this Official
Statement as of its date and as of the date of the delivery of the Bonds, does not contain an
untrue statement of a material fact and does not omit any material fact which should be included
therein for the purpose for which the Official Statement is to be used, or which is necessary to
make the statements contained therein, in light of the circumstances under which they were
made, not misleading.
2 6
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This Official Statement has been duly executed and delivered by the Mayor and the City
Manager of the City of Miami Beach, Florida.
CITY OF MIAMI BEACH, FLORIDA
BY
Mayor
BY
City Manager
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APPENDIX A
GENERAL INFORMATION REGARDING
THE CITY OF MIAMI BEACH, FLORIDA AND
MIAMI-DADE COUNTY, FLORIDA
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APPENDIX A
GENERAL INFORMATION REGARDING
THE CITY OF MIAMI BEACH
AND MIAMI-DADE COUNTY, FLORIDA
The following information pertaining to the City of Miami Beach, Florida (the "City")
and Miami-Dade County, Florida (the "County") is set forth for purposes of background only.
The Series 201 1 General Obligation Bonds (the "Bonds") are payable only from ad valorem
taxes assessed in an amount sufficient to pay the principal of and interest on the Bonds as they
become due, as described in this Official Statement. The full faith, credit, and taxing power of
the City have been irrevocably pledged to the punctual payment of the principal and interest as
they become due and payable.
INTRODUCTION
The City comprises seven square miles of land area and ten square miles of Biscayne
Bay. The climate is tropical with an average annual temperature of 75 degrees Fahrenheit, 24
degrees Celsius. The City is the home of the Art Deco Historic District, consisting of one of the
greatest concentrations of this style of architecture in the United States. Within this Historic
District is the world famous Ocean Drive, which has been called the "Riviera" of Florida. The
economy of the area is based on tourism. For fiscal year 2010, room rents, food and beverage
sales accounted for an estimated $1.8 billion in sales within the City. The population
demographics of the City have drastically changed over the last thirty years. In the 1980 Census,
the average age of the population was 65.3 years old. In the 2000 Census the average age had
declined to 43.7 years old, and the 2010 Census placed it at 40.3 years old. The City is a group
of islands between Biscayne Bay and the Atlantic Ocean and is connected to the mainland by
four causeways.
The County is the largest county in the southeastern United States in terms of population
and one of the largest in terms of land area. The County consists of 2,042 square miles of land
area. The population is clustered mainly along the coast, with the western area of the County
comprising a part of the Everglades. There are numerous incorporated municipalities in the
County, which include Miami, Hialeah and Coral Gables, as well as the City.
POPULATION
The U.S. Bureau of the Census estimated the population of the City to be 87,779 in 2010.
According to estimates of Miami-Dade County Department of Planning and Zoning, the City's
population is expected to be 98,028 by the year 2020 and the County's population is estimated to
be 2,496,435 for 2010, and the County estimates growth to 2,885,439 by 2020.
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Population, City of Miami Beach
and Miami-Dade County 1980 - 2010
City of Miami Miami-Dade
Year Beach Percent Change County Percent Change
1980 96,298 10.6% 1,625,598 28.2%
1990 92,639 (3.8) 1,937,094 19.2
2000 87,933 (5.3) 2,260,000 16.7
2010 87,779 (0.1) 2,496,43 5 10.5
Source: U.S. Census
Population Breakdown
City of Miami Beach, 1990-2010
Age Group 1990 2000 2010
Under 18 14.2% 13.4% 12.8%
1 8 and over 85.8 86.6 87.2
2 1 and over 83.1 84.1 84.9
65 and over 23.4 19.2 16.2
Median Age: 44.5 3 9 40
Source: State of Florida Statistical Abstract.
GOVERNMENT
The City of Miami Beach is organized under the Commission-City Manager form of
government. The governing body is an elected City Commission of six members and an elected
Mayor. The City Commission sets policy for the administration of the City and appoints a City
Manager and a City Attorney. The City Attorney appoints his staff and the City Manager is
responsible for the appointment of the balance of the employees of the City. The City
Commissioners are elected to staggered four year terms and the Mayor is elected every two
years. Both the City Attorney and the City Manager serve at the pleasure of the City
Commission. The City Manager carries out the policies of the City Commission, directs the
operations of the City and, with the exception of the City Attorney's Office, has the power to
appoint or remove all heads of the various Departments.
The Mayor of the City is presently Matti Herrera Bower, whose term expires in
November 20 1 1.
The current members of the City Commission and the expiration of their current terms of
office are:
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Citv Commission Members
Edward L. Tobin, Vice Mayor
Deede Weithorn
Jonah Wolfson
Jorge Exposito
Michael Gongora
Jerry Libbin
Expiration of Current Term
November, 201 1
November, 201 1
November, 201 1
November, 201 3
November, 20 13
November, 20 1 3
CERTAIN CITY STAFF MEMBERS
Jorge M. Gonzalez, City Manager
Jorge M. Gonzalez was selected on June 7,2000 to serve as the City Manager of the City
and began serving the City on August 21, 2000. Prior to his appointment as the City Manager,
Mr. Gonzalez served as Senior Assistant Chief Administrative Officer in Montgomery County,
Maryland. From 1995-1999, he served as an Assistant County Manager in Arlington County,
Virginia. Prior to that post, he served as the Assistant Director of Administration for the Center
for the Fine Arts in Miami-Dade County and as the Management Consultant for the Audit and
Management Services Department in Miami-Dade County. Mr. Gonzalez received both his
Bachelor of Arts degree in Politics and Public Affairs and his Masters degree in Public
Administration from the University of Miami.
Patricia D. Walker, Chief Financial Officer
Patricia D. Walker was appointed Chief Financial Officer for the City of Miami Beach in
March 1997. Prior to that appointment, she served as Director of Airports for Broward County,
Florida from 1994-1997, and in other Broward County Aviation Department positions from
1991-1994, as Director of Finance of the Broward County Aviation Department in 1992, as
Executive Assistant to the Aviation Director of the Broward County Aviation Department from
1 99 1-1 992, in various Dade County Aviation Department positions from 1978-1 990, and at Price
Waterhouse & Co. from 1973-1978. Ms. Walker has a B.S. in Accounting from Florida State
University and an M.S.M in Accounting from Florida International University. She has been a
Certified Public Accountant in Florida since 1974.
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SCOPE OF SERVICES
The City provides a full range of municipal services, including police and fire protection,
recreational activities, parks, cultural events, sanitation services, water, sewer and storm water
services, community services, and the construction of and maintenance of streets and
infrastructure.
ECONOMIC AND DEMOGRAPHIC DATA
INCOME
The mean family income for Miami Beach increased by 8.6 percent; from $69,980 in
2000 to $76,029 in 2009. This compares to growth rates experienced by Miami-Dade County,
which experienced a mean family growth rate of approximately 20 percent during the same
period. The mean family income for Miami Beach exceeded that of Miami-Dade County by
approximately 33 percent in 2000 and 20 percent in 2009.
Mean Family Incomes 2000-2009
2000 2009 % CHANGE
Miami Beach $69,980
Miami-Dade County 52,753
Source: U.S. Bureau of Census.
Per Capita Personal Income
(Current Dollars)
2004-2009
Miami-Dade County (') Florida United States
Current
Year Dollars % of U.S. Current Dollars % of U.S. Current Dollars
2004 $29,817 88.0% $33,540 98.9% $33,88 1
2005 32,025 90.4 34,798 100.5 34,757
2006 33.712 89.9 38,161 100.2 36,714
2007 35,368 93.8 39,036 99.0 39,392
2008 35,887 89.3 39,064 91.2 40,166
2009 22,6 19 77.9 26,503 91.2 29,050
Source: (1) Miami Dade County Planning & Zoning Department; Florida Legislature Office of Economic
& Demographic Research
(2) U.S. Department of Commerce-Bureau of Economic Analysis
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EMPLOYMENT
City of Miami Beach Employment 2005 - 2010
Labor Force Employed 44,767 45,263 45,63 1 45,658 44,497 45,249
Labor Force Unemployed 1,796 1,63 1 1,780 2,383 4,046 4,181
Total Labor Force 46,563 46,894 47,4 1 1 48,04 1 48,543 49,430
Unemployment Rate 3.9% 3.5% 3.8% 5 .O% 8.3% 8.5%
Source: US Department of Labor
(I) Preliminary- as of April 2010
Major Employers on Miami Beach
Rank - Employer Service Number Emploved
Mount Sinai Medical Center
City of Miami Beach
Fontainebleau Resort
Loews Miami Beach Hotel
Publix Supermarkets
Eden Roc Hotel
Delano Hotel
Joe's Stone Crab
Wyndham Miami Beach Resort
LNR Property Corp
Medical
Governmental
Hotel
Hotel
Retai I
Hotel
Hotel
Restaurant
Hotel
Real Estate
Source: City of Miami Beach, Florida
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Ten Largest Public and Private Employers
Located in Miami-Dade County
Public Employers Private Employers
Miami-Dade County Public
Schools 48,571 University of Miami
Miami-Dade County 29,000 Baptist Health South Florida
Federal Government 19,500 Publix Supermarkets
Florida State Government 17,100 American Airlines
Jackson Health System 12,571 Precision Response Corporation
Florida International University 8,000 Florida Power & Light Co.
Miami-Dade College 6,200 Carnival Cruise Lines
City of Miami 4,3 09 Winn-Dixie Stores
Homestead Air Force Base 2,700 BellSouthlAT&T
VA Medical Center 2,385 Mount Sinai Health Center
Source: City of Miami Beach, Comprehensive Annual Financial Report 2010; Beacon Council
BUILDING PERMITS
The following is a calculation of the total value of the Building Permits issued by the City
during the past 10 years.
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City of Miami Beach, Florida
Value of Building Permits Issued
Fiscal Years 2000-2009
Fiscal Year Number of Permits Total Value
.....................
Source: City of Miami Beach, Florida
DIRECT AND OVERLAPPING TAX RATES
The following table summarizes the direct and overlapping tax (millage) rates for the past
ten years. As shown in the following table, the City has reduced its tax rates over the past 10
years.
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City of Miami Beach, Florida
Direct and Overlapping Tax Rates
(rate per $1,000 of Assessed Value)
For Last Ten Fiscal Years
City of Miami Beach
Direct Rates Overlapping Rates
Fiscal Year Debt Total School
Ended Operating Service Direct District County State
September 30 Millage Millage Millage Millage Millage Millage Total
200 1 7.399 1.156 8.555 9.617 6.754 0.738 25.664
Source: City of Miami Beach, Comprehensive Annual Financial Report 2010; Miami-Dade
County, Florida Department of Property Appraisal 2010 Millage Table
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City of Miami Beach, Florida
Property Tax Levies and Collections
Fiscal Years 2000 - 2009
Collected within the
Fiscal year of the Levy
Tax Total Percentage Amount
year(') TaxLevy of Levy
Source: City of Miami Beach, Comprehensive Annual Financial Report 20 10
(1) Assessments as of January 1 of the year listed; bills mailed in October of that
year; taxes become delinquent at the end of April of the subsequent year.
(2) Breakdown between current and delinquent collections not available.
Collections represent total of current and delinquent collection received during
the year.
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City of Miami Beach
Ten Largest Taxpayers 2010
Percentage of
Certified
Taxable Assessed Taxable
Owner Type of Property Value Assessed Value
MB Redev. Inc./Loews Hotel Hotel $280,000,000 1.13%
MCZICentrum Flamingo 111 Apartments LLC 172,183,094 0.70
Fontainebleau Florida Hotel Hotel LLC 136,229,487 0.55
Di Lido Beach Hotel Corp. Hotel 130,000,000 0.53
MCZICentrum Flamingo 11 Apartments
LLC
Philips South Beach LLC Hotel 83,43 5,043 0.34
Sandy Lane Residential LLC Apartments 793 19,4 15 0.32
Royal Palm Hotel Prop LLC Apartments 79,385,373 0.32
City National Bank of
Florida Apartments
2201 Collins Fee LLC Apartments 68,727.288 0.28
TOTAL
Source: 2010 Miami-Dade County, Florida Ad Valorem Assessment Roll for the City of Miami
Beach; City of Miami Beach, Comprehensive Annual Financial Report 20 10
FILM AND PRINT INDUSTRY
The film and print industry has become an important part of the Miami Beach economy.
Many international talent and model agencies have located in the City. In 2010, this industry
spent an approximate of $173 million in Miami-Dade County for the production of movies and
photographs.
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Film and Print Industry
Permits Issued and Production Budgets
For the Fiscal Years 2006-2010
Fiscal Permits Production
Year Issued Budgets (I)
2006 1,280 $55,000,293
Source: City of Miami Beach Comprehensive Financial Report 2010; City of
Miami Beach, Florida Department of Tourism and Cultural Development
(1) Estimates as reported on City of Miami Beach Permit Applications
CONVENTION AND MEETING ACTIVITY
Miami-Dade County and the Miami Beach Convention Center host a large number of
conventions each year.
Number of
Year Delegates
2000 943,740
200 1 955,500
2002 907,725
2003 925,880
2004 900,881
2005 945,925
2006 927,006
2007 1,005,802
2008 905,222
2009 932,378
2010 995,000
Number of Room
Nights Total Expenditures
2,581,948 $1,034,134,428
2,7 1 1,045 1,085,84 1,149
2,575,493 1,140,133,206
2,6 14,125 1,197,139,867
2,543,544 1,245,025,46 1
2,670,72 1 1,307,276,734
2,6 17,307 1,372,640,571
2,839,778 1,44 1,272,600
2,555,800 1,3 54,796,244
2,632,474 1,395,440,13 1
2,750,935 1,500,098,14 1
Source: City of Miami Beach, Florida
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A-1 1
858
TOURISM AND VISITOR ACTIVITY
DOMESTIC AND INTERNATIONAL OVERNIGHT VISITORS
MIAMI-DADE COUNTY 2007-2009
(000's)
Origin 2007 2008 2009
South America: 2,324.1 2,480.1 2,549.5
Caribbean: 683.4 702.1 682.1
Central America: 511.1 540.0 517.3
Europe: 1,294.0 1,360.6 1,279.0
Canada: 556.0 573.5 537.7
Other International: 124.3 130.9 118.8
Total International
Total Domestic 6,473 .O 6,34 1.4 6,25 1.5
Total Overnight 1 1,965.9 12,128.6 11,935.9
Expenditures (I):
Domestic $ 7,145.9 $ 6,556.9 $ 5,954.1
International 10,759.3 10,774.6 11,156.5
Total Expenditures 1 7,905.2 17,331.5 23,064.7
Source: Greater Miami Convention and Visitors Bureau
(1) Average Daily Expenditures
Overnight Visitors by Region
2007 2008 2009
Miami Beach
Downtown Miami
N. Miami-Dadelsunny
Isle
Airport Area 10.5
GroveIGableslB iscayne 12.5
S. Miami-Dade 6.3
Source: Greater Miami Convention and Visitors Bureau
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TRANSPORTATION
Miami-Dade County has a comprehensive transportation network designed to meet the
needs of residents, travelers and area businesses. The County's internal transportation system
includes Metrorail, a 22.4 mile above-ground system connecting South Miami-Dade and the City
of Hialeah with the Downtown and Civic Center areas. Metromover, a 4.4 mile automated loop,
carries passengers around downtown Miami, Brickell Avenue and the Omni shopping center
areas. Miami-Dade County's Metrobus operating over 32.6 million miles per year and over 1 15
million passenger trips annually. The County also provides para-transit services to qualified
riders in the amount of 1.6 million passenger trips annually. Cargo rail service is available from
both Miami International Airport and the Port of Miami, and Amtrak has a passenger station in
the City of Miami. Tri-Rail, a 72-mile train system, links West Palm Beach, Boca Raton, Fort
Lauderdale, Hollywood and Miami International Airport.
Miami International Airport. Miami International Airport is one of the busiest airports in
the world for both passengers and cargo traffic. It ranks twelfth in the nation and twenty-fifth in
the world in passenger traffic through the airport. The airport ranks third in the nation and
eleventh in the world in tonnage of domestic and international cargo movement. In 2009 over 33
million air travelers were serviced by Miami International Airport, and approximately 2.08
million tons of cargo was handled. More than 88 airlines serve Miami International Airport,
flying passengers to more than 150 destinations around the globe.
Port of Miami. The Port of Miami, known as the "cruise capital of the world," is
operated by the Seaport Department of Miami-Dade County. In fiscal year 2009, approximately
4.1 million passengers sailed from the Port of Miami aboard one of the eight cruise companies
who operate out of Miami. The Port of Miami is also a hub for Caribbean and Latin American
commerce. These countries account for over half of the 7.4 million tons of cargo transferred
through the Port of Miami in 2008. The Port of Miami is also reaching out to the global
community where trade with Asian countries accounted for almost 23% of the total cargo
handled at the Port of Miami. The Port of Miami is also important to the U.S. economy,
contributing in excess of $17 billion annually.
RECREATION
There are numerous parks and playgrounds in the City of Miami Beach. Each park
provides different amenities, from tennis and bocce courts to swimming pools and tot lots, to
Vita courses and barbecue pits. There are four Vita courses, two swimming pools, and numerous
tennis courts, including the Holtz Tennis Stadium which houses championship, professional and
amateur tournaments.
Offshore, the Gulf Stream provides a variety of game fish, while the Miami Beach
Marina provides an abundance of space to house boats as well as direct access to the Atlantic
Ocean and Gulf Stream. The Marina is a private development on City owned bay front land in
the South Pointe area. Renovation has increased the number of boat slips to 388 making the
Marina the largest in the area and a first class facility.
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In the north part of the City, the public can enjoy a leisurely sail in the quiet waters of
Biscayne Bay from the Miami Beach Sailport. The facility, though open to all ages, was
specially designed to teach young adults the basic art of sailing on small prams.
The City owns two championship golf courses and one Par 3 course that are open to the
public. The two championship courses, Miami Beach Golf Course and Normandy, offer a
clubhouse complete with a restaurant, lounge and pro shop.
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APPENDIX B
GENERAL PURPOSE FINANCIAL STATEMENTS FOR
FISCAL YEAR ENDED SEPTEMBER 30,2010
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APPENDIX C
THE RESOLUTION
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APPENDIX D
CONTINUING DISCLOSURE COMMITMENT
MIA 182,168,744~5
APPENDIX E
FORM OF APPROVING OPINION OF BOND COUNSEL
MIA 782,768,744V5
CITY OF MIAMI BEACH, FLORIDA
and
U.S. BANK NATIONAL ASSOCIATION,
as Escrow Agent
ESCROW DEPOSIT AGREEMENT
Relating to
GENERAL OBLIGATION BONDS,
SERIES 2003
DATED AS OF -3 201 1
ESCROW DEPOSIT AGREEMENT
THIS ESCROW DEPOSIT AGREEMENT (the "Agreement") made and entered into as
of -9 201 1, by and between the CITY OF MIAMI BEACH, FLORIDA (the
"City") and U.S. BANK NATIONAL ASSOCIATION, as Escrow Agent (the "Escrow Agent").
WITNESSETH:
WHEREAS, the City has heretofore issued its $62,465,000 aggregate principal amount
City of Miami Beach, Florida General Obligation Bonds, Series 2003, dated July 22, 2003,
presently outstanding in the principal amount of $49,570,000 (the "Outstanding Series 2003
Bonds"), pursuant to the provisions of Resolution No. 2003-25240, adopted by the Mayor and
City Commission of the City (the "Commission") on June 1 1,2003 (the "Prior Resolution"); and
WHEREAS, the City desires to refund, defease and redeem the Outstanding Series 2003
Bonds as more particularly described in Schedule A attached hereto and made a part hereof
(hereinafter referred to as the "Refunded Bonds"); and
WHEREAS, the City has issued its $ aggregate principal amount City of
Miami Beach, Florida General Obligation Refunding Bonds, Series 201 1 (the "Bonds"), pursuant
to the provisions of Resolution No. 20 1 1 - adopted by the Commission on
-3 201 1 (the "Resolution"), a portion of the proceeds of which Bonds is to be deposited with the
Escrow Agent to provide, with investment earnings thereon and certain other available moneys,
for the defeasance and redemption of the Refunded Bonds; and
WHEREAS, a portion of the proceeds derived from the sale of the Bonds, together with
the other available moneys, will be applied to the purchase of Government Obligations (as such
term is hereinafter defined), which will mature and produce investment income and earnings at
such time and in such amount as will be sufficient, together with certain moneys remaining
uninvested, to pay the principal of and interest on the Refunded Bonds through and including
their redemption date as more specifically set forth herein; and
WHEREAS, in order to provide for the proper and timely application of the moneys
deposited hereunder, the maturing principal amount of the Government Obligations purchased
therewith, and investment income and earnings derived therefrom to the payment of the
Refunded Bonds, it is necessary for the City to enter into this Agreement with the Escrow Agent;
and
WHEREAS, the Escrow Agent serves as Paying Agent and Bond Registrar with respect
to the Bonds and is an Authorized Depository (as such terms are defined in the Prior Resolution);
NOW, THEREFORE, the City and the Escrow Agent, in consideration of the foregoing
and the mutual covenants herein set forth and in order to secure the payment of the principal of
and interest on all of the Refunded Bonds according to their tenor and effect, do hereby agree as
follows:
ARTICLE I
CREATION AND CONVEYANCE OF TRUST ESTATE
Section 1.01. Creation and Conveyance of Trust Estate. The City hereby grants,
warrants, remises, releases, conveys, assigns, transfers, aliens, pledges, sets over and confirms
unto the Escrow Agent and to its successors in the trust hereby created, and to it and its assigns
forever, all and singular the property hereinafter described, to wit:
DIVISION I
All right, title and interest in and to (i) $ in moneys deposited directly
with the Escrow Agent and derived from the proceeds of the Bonds upon issuance and delivery
of the Bonds and execution of and delivery of this Agreement, and (ii) $ in
other moneys provided by the City (such moneys described in (ii), the "Other Moneys").
DIVISION I1
All right, title and interest in and to the Government Obligations described in Schedule B -
attached hereto and made a part hereof, together with the income and earnings thereon.
DIVISION I11
Any and all other property of every kind and nature from time to time hereafter, by
delivery or by writing of any kind, conveyed, pledged, assigned or transferred as and for
additional security hereunder by the City, or by anyone on behalf of the City to the Escrow
Agent for the benefit of the Refunded Bonds.
DIVISION IV
All property which is by the express provisions of this Agreement required to be subject
to the pledge hereof and any additional property that may, from time to time hereafter, by
delivery or by writing of any kind, by the City, or by anyone in its behalf, be subject to the
pledge hereof.
TO HAVE AND TO HOLD, all and singular, the Trust Estate (as such term is
hereinafter defined), including all additional property which by the terms hereof has or may
become subject to the encumbrances of this Agreement, unto the Escrow Agent, and its
successors and assigns, forever in trust, however, for the sole benefit and security of the holders
from time to time of the Refunded Bonds, but if the principal of and interest on all of the
Refunded Bonds shall be fully and promptly paid through and including their redemption date
hereinafter set forth, in accordance with the terms thereof, then this Agreement shall be and
become void and of no further force and effect except as otherwise provided herein; otherwise
the same shall remain in full force and effect, and upon the trusts and subject to the covenants
and conditions hereinafter set forth.
ARTICLE I1
DEFINITIONS
Section 2.01. Definitions. In addition to words and terms elsewhere defined in this
Agreement, the following words and terms as used in this Agreement shall have the following
meanings, unless some other meaning is plainly intended.
"Government Obligations" shall mean direct general non-callable obligations of the
United States of America.
"Trust Estate", "trust estate" or "pledged property" shall mean the property, rights and
interests described or referred to under Divisions I, 11,111 and IV in Article I above.
Words of the masculine gender shall be deemed and construed to include correlative
words of the feminine and neuter genders. Words importing the singular number shall include
the plural number and vice versa unless the context shall otherwise indicate. The word "person"
shall include corporations, associations, natural persons and public bodies unless the context
shall otherwise indicate. Reference to a person other than a natural person shall include its
successors.
ARTICLE I11
ESTABLISHMENT OF ESCROW DEPOSIT TRUST FUND;
FLOW OF FUNDS
Section 3.01. Creation of Escrow Deposit Trust Fund and Deposit of Moneys. There is
hereby created and established with the Escrow Agent a special and irrevocable trust fund
designated "City of Miami Beach, Florida General Obligation Bonds, Series 2003 Escrow
Deposit Trust Fund" (the "Escrow Deposit Trust Fund"), to be held by the Escrow Agent for the
sole benefit of the holders of the Refunded Bonds and accounted for separate and apart from the
other funds of the City and, to the extent required by law, of the Escrow Agent.
Concurrently with the delivery of this Agreement, the City herewith causes to be
deposited with the Escrow Agent and the Escrow Agent acknowledges receipt of immediately
available moneys for deposit in the Escrow Deposit Trust Fund in the amount of $ ,
consisting of $ from the proceeds of the Bonds and $ in Other
Moneys, all of which, when invested in Government Obligations (other than $ from the
Other Moneys to be held uninvested), will provide moneys sufficient to pay the principal of and
interest on the Refunded Bonds through and including their redemption date, as more particularly
described in Schedule C attached hereto and made a part hereof.
Section 3.02. Payment of Refunded Bonds. The Bond proceeds and Other Moneys
received by the Escrow Agent will be sufficient to purchase $ par amount of
Government Obligations, all as listed in Schedule B attached hereto and made a part hereof,
which will mature in principal amounts and earn income at such times so that sufficient moneys
will be available to pay all principal of and interest on the Refunded Bonds through and
including their redemption date. Notwithstanding the foregoing, if the amounts deposited in the
Escrow Deposit Trust Fund are insufficient to make said payments of principal and interest, the
City shall cause to be deposited into the Escrow Deposit Trust Fund the amount of any
deficiency immediately upon notice from the Escrow Agent.
Section 3.03. Irrevocable Trust Created. The deposit of moneys and Government
Obligations or other property hereunder in the Escrow Deposit Trust Fund shall constitute an
irrevocable deposit of said moneys and Government Obligations and other property hereunder
for the sole benefit of the holders of the Refunded Bonds, subject to the provisions of this
Agreement. The holders of the Refunded Bonds, subject to the provisions of this Agreement,
shall have an express lien on all moneys and principal of and earnings on the Government
Obligations and other property in the Escrow Deposit Trust Fund. The moneys deposited in the
Escrow Deposit Trust Fund and the matured principal of the Government Obligations and other
property hereunder and the interest thereon shall be held in trust by the Escrow Agent, and shall
be applied for the payment of Refunded Bonds, as more specifically set forth in Schedule C
hereto.
Section 3.04. Purchase of Government Obligations.
The Escrow Agent is hereby directed immediately to purchase the Government
Obligations listed in Schedule B from the proceeds of the Bonds and the Other Moneys as
described in Sections 3.01 and 3.02 hereof. The Escrow Agent shall purchase the Government
Obligations solely from the moneys deposited in the Escrow Deposit Trust Fund as provided in
this Agreement. The Escrow Agent shall apply the moneys deposited in the Escrow Deposit
Trust Fund and the Government Obligations purchased therewith, together with all income or
earnings thereon, in accordance with the provisions hereof. The Escrow Agent shall have no
power or duty to invest any moneys held hereunder or to make substitutions of the Government
Obligations held hereunder or to sell, transfer or otherwise dispose of the Government
Obligations held hereunder except as provided in this Agreement. The Escrow Agent is hereby
directed not to invest $ from the Other Moneys deposited in the Escrow Deposit Trust
Fund simultaneously with the delivery of this Agreement.
The City covenants to take no action in the investment, reinvestment or security of the
Escrow Deposit Trust Fund in violation of this Agreement and recognizes that any such action in
contravention of this Agreement might cause the Refunded Bonds or the Bonds to be classified
as "arbitrage bonds" under the Internal Revenue Code of 1986, as amended, and the regulations
promulgated thereunder (the "Code").
Section 3.05. Substitution of Certain Government Obligations.
(a) If so directed in writing by the City on the date of delivery of this Agreement, the
Escrow Agent shall accept in substitution for all or a portion of the Government Obligations
listed in Schedule B, Government Obligations (the "Substituted Securities"), the principal of and
interest on which, together with any Government Obligations listed in Schedule B for which no
substitution is made and moneys held uninvested by the Escrow Agent, will be sufficient to pay
all principal of and interest of the Refunded Bonds as set forth in Schedule C hereof. The
foregoing notwithstanding, the substitution of Substituted Securities for any of the Government
Obligations listed in Schedule B may be effected only upon compliance with Section 3.05(b)(l)
and (2) below.
(b) If so directed in writing by the City at any time during the term of this Agreement,
the Escrow Agent shall sell, transfer, exchange or otherwise dispose of, or request the
redemption of, all or a portion of the Government Obligations then held in the Escrow Deposit
Trust Fund and shall substitute for such Government Obligations other Government Obligations,
designated by the City, and acquired by the Escrow Agent with the proceeds derived from the
sale, transfer, disposition or redemption of or by the exchange of such Government Obligations
held in the Escrow Deposit Trust Fund, but only upon the receipt by the Escrow Agent of:
(1) an opinion of nationally recognized counsel in the field of law relating to
municipal bonds stating that such substitution will not adversely affect the exclusion from
gross income for federal income tax purposes of interest on the Refunded Bonds and the
Bonds and is not inconsistent with the statutes and regulations applicable to the Refunded
Bonds and the Bonds; and
(2) verification by a firm of independent certified public accountants stating
that the principal of and interest on the substituted Government Obligations, together
with any Government Obligations and any uninvested moneys remaining in the Escrow
Deposit Trust Fund, will be sufficient, without reinvestment, to pay the principal of and
interest on the Refunded Bonds as set forth in Schedule C hereof.
Any moneys resulting from the sale, transfer, disposition or redemption of the Government
Obligations held hereunder and the substitution therefor of other Government Obligations not
required to be applied for the payment of such principal of and interest on the Refunded Bonds
(as shown in the verification report described in Section 3.05(b)(2) hereof delivered in
connection with such substitution), shall be transferred to the City for deposit in the Principal and
Interest Account established under the Resolution. Upon any such substitution of Government
Obligations pursuant to Section 3.05, Schedule B hereto shall be appropriately amended to
reflect such substitution.
The Escrow Agent shall be under no duty to inquire whether the Government Obligations
as deposited in the Escrow Deposit Trust Fund are properly invested under the Code. The
Escrow Agent may rely on all specific directions in this Agreement providing for the investment
or reinvestment of the Escrow Deposit Trust Fund.
Section 3.06. Transfers from Escrow Deposit Trust Fund. As the principal of the
Government Obligations set forth in Schedule B shall mature and be paid, and the investment
income and earnings thereon are paid, the Escrow Agent, in its capacity of Paying Agent and
Bond Registrar with respect to the Refunded Bonds (herein referred to as the "Refunded Bonds
Paying Agent"), no later than the payment dates for the Refunded Bonds, as specified in
Schedule C hereof, shall pay from such moneys the principal of and interest on the Refunded
Bonds, as specified in Schedule C hereof. The City hereby irrevocably determines, and
irrevocably instructs the Refunded Bonds Paying Agent, to call the Refunded Bonds for
redemption on September l,20 13 at a redemption price of 100% of the principal amount thereof
in accordance with the Prior Resolution. The City shall perform, and shall cause the Refunded
Bonds Paying Agent to perform, as applicable, the responsibilities, described in the Prior
Resolution, in connection with the redemption of the Refunded Bonds, including the giving of
notice of redemption as required therein. The Refunded Bonds Paying Agent is hereby directed
to mail a copy of such notice of redemption to [National Public Finance Guarantee Corporation
(formerly MBIA Insurance Corporation)] (the "Series 2003 Bond Insurer"). The City shall also
file, or cause to be filed, a copy of such notice of redemption with the Municipal Securities
Rulemaking Board (the "MSRB").
Section 3.07. Investment of Certain Moneys Remaining in Escrow Deposit Trust Fund.
Subject to the provisions of Section 3.04, the Escrow Agent shall invest and reinvest, at the
written direction of the City, in Government Obligations any moneys remaining from time to
time in the Escrow Deposit Trust Fund until such time as they are needed. Such moneys shall be
reinvested in such Government Obligations for such periods and at such interest rates as the
Escrow Agent shall be directed to invest by the City, which periods and interest rates shall be set
forth in an opinion from nationally recognized counsel in the field of law relating to municipal
bonds to the City and to the Escrow Agent, which opinion shall also be to the effect that such
reinvestment of such moneys in such Government Obligations for such period and at such
interest rates will not, under the statutes and regulations applicable to the Refunded Bonds and
the Bonds, cause the interest on the Refunded Bonds or the Bonds to be included in gross income
for federal income tax purposes and that such investment is not inconsistent with the statutes and
regulations applicable to the Refunded Bonds and the Bonds. Any interest income resulting
from reinvestment of moneys pursuant to this Section 3.07 not required to be applied for the
payment of the principal of and interest on the Refunded Bonds shall be transferred to the City
for deposit in the Principal and Interest Account established under the Resolution.
Section 3.08. Escrow Deposit Trust Fund Constitutes Trust Fund. The Escrow Deposit
Trust Fund created and established pursuant to this Agreement shall be and constitute a trust
fund for the purposes provided in this Agreement and shall be kept separate and distinct from all
other funds of the City and, to the extent required by law, of the Escrow Agent and used only for
the purposes and in the manner provided in this Agreement.
Section 3.09. Transfer of Funds After All Pavments Required by this Agreement are
Made. After all of the transfers by the Escrow Agent to the payment of the principal of and
interest on the Refunded Bonds provided in Schedule C have been made, all remaining moneys
and securities, together with any income and interest thereon, in the Escrow Deposit Trust Fund
shall be transferred to the City for deposit in the Principal and Interest Account established under
the Resolution; provided, however, that no such transfers (except transfers made in accordance
with Sections 3.05 and 3 -07 hereof) shall be made until all of the principal of and interest on the
Refunded Bonds have been paid.
ARTICLE IV
CONCERNING THE ESCROW AGENT
Section 4.01. Liability of Escrow Agent. The Escrow Agent shall not be liable in
connection with the performance of its duties hereunder except for its own negligence,
misconduct or default. The Escrow Agent shall not be liable for any loss resulting from any
investments made pursuant to the terms of this Agreement. The Escrow Agent shall not be liable
for the accuracy of the calculations as to the sufficiency of moneys and of the principal amount
of the Government Obligations and the earnings thereon to pay the Refunded Bonds. So long as
the Escrow Agent applies any moneys, Government Obligations and interest earnings therefrom
to pay the Refunded Bonds as provided herein, and complies fully with the terms of this
Agreement, the Escrow Agent shall not be liable for any deficiencies in the amounts necessary to
pay the Refunded Bonds caused by such calculations.
The duties and obligations of the Escrow Agent shall be determined by the express
provisions of this Agreement. The Escrow Agent may consult with counsel with respect to any
matter relevant to this Agreement, who may or may not be counsel to the City, and be entitled to
receive from the City reimbursement of the reasonable fees and expenses of such counsel, and in
reliance upon the opinion of such counsel have full and complete authorization and protection in
respect of any action taken, suffered or omitted by it in good faith in accordance therewith.
Whenever the Escrow Agent shall deem it necessary or desirable that a matter be proved or
established prior to taking, suffering or omitting any action under this Agreement, such matter
may be deemed to be conclusively established by a certificate signed by an authorized officer of
the City and the Escrow Agent may in good faith conclusively rely upon such certificate.
The Escrow Agent shall have no lien, security interest or right of set-off whatsoever upon
any of the moneys or investments in the Escrow Deposit Trust Fund for the payment of fees or
expenses for the services rendered by the Escrow Agent under this Agreement.
Section 4.02. Permitted Acts. The Escrow Agent and its affiliates may become the
owner of all or may deal in the Refunded Bonds as fully and with the same rights as if it were not
the Escrow Agent.
Section 4.03. Payment to Escrow Agent. The City shall pay to the Escrow Agent
reasonable compensation for all services rendered by it hereunder and also its reasonable
expenses, charges and other disbursements and those of its attorneys, agents and employees
incurred in and about the administration and execution of the trusts hereby created, and the
performance of its powers and duties hereunder, including, without limitation, all advances,
counsel fees and other expenses reasonably made or incurred by the Escrow Agent in connection
with such services, all as provided in Schedule D hereto.
ARTICLE V
MISCELLANEOUS
Section 5.01. Amendments to this Agreement. This Agreement is made for the benefit
of the holders from time to time of the Refunded Bonds and shall not be repealed, revoked,
altered or amended without the written consent of all such holders of the Refunded Bonds, the
Escrow Agent and the City; provided, however, that the City and the Escrow Agent may, without
the consent of, or notice to, such holders, enter into such agreements supplemental to this
Agreement which shall not adversely affect the rights of such holders and shall not be
inconsistent with the terms and provisions of this Agreement for any one or more of the
following purposes:
(a) to cure any ambiguity or formal defect or omission in this Agreement; or
(b) to grant to or confer upon the Escrow Agent for the benefit of the holders of the
Refunded Bonds any additional rights, remedies, powers or authority that may lawfblly be
granted to or conferred upon the Escrow Agent.
The Escrow Agent shall be entitled to rely upon an unqualified opinion of a nationally
recognized counsel in the field of law relating to municipal bonds with respect to compliance
with this Section.
Prior to any repeal, revocation, alteration or amendment of this Agreement, the City shall
provide written notice of such proposed repeal, revocation, alteration or amendment to Standard
& Poor's Ratings Services and Moody's Investors Service, Inc. at their addresses set forth below:
Standard & Poor's Ratings Services
55 Water Street
New York, New York 1 004 1
Attn: Municipal Ratings DeskRefunded Bonds
Moody's Investors Service, Inc.
7 World Trade Center
250 Greenwich Street, 23rd Floor
New York, New York 10007
Section 5.02. Severabilitv. If any one or more of the covenants or agreements provided
in this Agreement on the part of the City or the Escrow Agent to be performed should be
determined by a court of competent jurisdiction to be contrary to law, such covenant or
agreement shall be deemed and construed to be severable from the remaining covenants and
agreements herein contained and shall in no way affect the validity of the remaining provisions
of this Agreement.
Section 5.03. Agreement Binding. All the covenants, proposals and agreements in this
Agreement contained by or on behalf of the City or by or on behalf of the Escrow Agent shall
bind and inure to the benefit of their respective successors and assigns, whether so expressed or
not.
Section 5.04. Notices to Escrow Agent and City. Any notice, demand, direction, request
or other instrument authorized or required by this Agreement to be given to or filed with the
Escrow Agent or the City, shall be deemed to have been sufficiently given or filed for all
purposes of this Agreement if personally delivered and receipted for, or if sent by registered or
certified United States mail, return receipt requested, addressed as follows:
(a) As to the City -
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33 139
Attention: Chief Financial Officer
(b) As to the Escrow Agent -
U.S. Bank National Association
200 South Biscayne Boulevard
Suite 1870
Miami, Florida 33 13 1
Attention: Corporate Trust Services
Any party hereto may, by notice sent to the other parties hereto, designate a different or
additional address to which notices under this Agreement are to be sent.
Section 5.05. Termination. This Agreement shall terminate when all transfers and
payments required to be made by the Escrow Agent under the provisions hereof shall have been
made.
Section 5.06. Execution by Counter~arts. This Agreement may be executed in several
counterparts, all or any of which shall be regarded for all purposes as one original and shall
constitute and be but one and the same instrument.
Section 5.07. Notice of Defeasance. Upon deposit of the moneys with the Escrow
Agent and investment thereof as provided in this Agreement, the Escrow Agent is hereby
directed to mail to the registered owners of the Refunded Bonds and the Series 2003 Bond
Insurer, a notice of defeasance of the Refunded Bonds, substantially in the form attached hereto
as Schedule E. The City shall also file, or cause to be filed, a copy of such notice of defeasance
with the MSRB.
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be
executed by its duly authorized officers and, with respect to the City, its official seal to be
hereunto affixed and attested as of the date first above written.
CITY OF MIAMI BEACH, FLORIDA
(SEAL)
ATTEST:
City Clerk
Mayor
-.
U.S. BANK NATIONAL ASSOCIATION,
as Escrow Agent
By:
Vice President
U.S. Bank National Association, as Refunded Bonds Paying Agent, hereby agrees to the
provisions of this Agreement applicable to the Refunded Bonds Paying Agent.
U.S. BANK NATIONAL ASSOCIATION,
as Refunded Bonds Paying Agent
By:
Vice President
Maturity Date
SCHEDULE A
REFUNDED BONDS
Principal Amount Interest Rate
SCHEDULE B
INVESTMENT OF BOND PROCEEDS
AND OTHER MONEYS
Type of Security Maturity Date Principal Amount Interest Rate
$ 'Yo
SCHEDULE C
SCHEDULE OF PAYMENTS ON
REFUNDED BONDS
Principal Interest Total
$ $ $
SCHEDULE D
ESCROW AGENT FEES AND EXPENSES
(i) In consideration of the services to be rendered by the Escrow Agent under the
Agreement, the City upon execution hereof agrees to pay the Escrow Agent a one-time
fee of $ to be paid at closing for all services to be incurred as Escrow Agent in
connection with such services, plus agrees to pay as incurred reimbursement at cost for
ordinary out-of-pocket expenses. The term "ordinary out-of-pocket expenses" means
expenses of holding, investing and disbursing the Escrow Deposit Trust Fund as provided
herein and includes, but is not limited to publication costs, postage and legal fees as
incurred.
(ii) The City shall also reimburse the Escrow Agent for any extraordinary expenses incurred
by it in connection herewith. The term "extraordinary expenses" includes (a) expenses
arising out of the assertion of any third party to any interest in the Escrow Deposit Trust
Fund or any challenge to the validity hereof, including reasonable attorneys' fees, (b)
expenses relating to any reinvestment under Section 3.07 or substitution under Section
3.05 hereof, and (c) expenses (other than ordinary expenses) not occasioned by the
Escrow Agent's misconduct or negligence.
(iii) The fees and expenses payable by the City under clause (i) or (ii) above shall not be paid
from the Escrow Deposit Trust Fund, but shall be paid by the City from legally available
funds of the City.
Maturity Date
(September 1 ,)
SCHEDULE E
NOTICE OF DEFEASANCE
City of Miami Beach, Florida
General Obligation Bonds, Series 2003
Dated: July 22,2003
Principal Amount Interest Rate CUSIP Numbers*
NOTICE IS HEREBY GIVEN that monies have been deposited with U.S. Bank National
Association, as Escrow Agent, for the payment of the principal and interest on the above bonds
(the "Bonds"), and such monies, except to the extent maintained in cash, have been invested in
direct obligations of the United States of America. U.S. Bank National Association, as Paying
Agent and Bond Registrar for the Bonds, has been irrevocably instructed to call the Bonds for
redemption on September 1, 20 13 (the "Redemption Date") at a redemption price of 100% of the
principal amount thereof.
The moneys so deposited and invested as aforesaid has been calculated to be adequate to
pay, when due, the principal of and interest on the Bonds to and including the Redemption Date.
In accordance with Resolution No. 2003-25240 adopted by the Mayor and City Commission of
the City of Miami Beach, Florida on June 11, 2003 (the "Resolution"), the Bonds are no longer
deemed to be outstanding under the provisions of the Resolution and have ceased to be entitled
to any lien, benefit or security under the Resolution other than to receive payment of principal
and interest from such moneys.
U.S. BANK NATIONAL ASSOCIATION,
as Escrow Agent
Dated: -9 201 1
* No representation is made as to the correctness of these CUSIP numbers either as printed
on the Bonds or contained in this Notice.
DISCLOSURE DISSEMINATION AGENT AGREEMENT
This Disclosure Dissemination Agent Agreement (the "Disclosure Agreement"), dated as
of , 201 1, is executed and delivered by the City of Miami Beach, Florida (the
"Issuer") and Digital Assurance Certification, L.L.C., as exclusive Disclosure Dissemination
Agent (the "Disclosure Dissemination Agent" or "DAC") for the benefit of the Holders
(hereinafter defined) of the Bonds (hereinafter defined) and in order to provide certain
continuing disclosure with respect to the Bonds in accordance with Rule 15~2-12 of the United
States Securities and Exchange Commission under the Securities Exchange Act of 1934, as the
same may be amended from time to time (the "Rule").
The services provided under this Disclosure Agreement solely relate to the execution of
instructions received from the Issuer through use ofthe DAC system and do not constitute
"advice" within the meaning of the Dodd-Frank Wall Street Reform and Consumer Protection
Act (the "Act"). DAC will not provide any advice or recommendation to the Issuer or anyone on
the Issuer's behalf regarding the "issuance of municipal securities" or any "municipal financial
product" as defined in the Act and nothing in this Disclosure Agreement shall be interpreted to
the contrary.
SECTION 1. Definitions. Capitalized terms not otherwise defined in this Disclosure
Agreement shall have the meaning assigned in the Rule or, to the extent not in conflict with the
Rule, in the Official Statement (hereinafter defined). The capitalized terms shall have the
following meanings:
"Annual Report" means an Annual Report described in and consistent with Section 3 of
this Disclosure Agreement.
"Annual Filing Date" means the date, set in Sections 2(a) and 2(f), by which the Annual
Report is to be filed with the MSW.
"Annual Financial Information" means annual financial information as such term is used
in paragraph (b)(5)(i) of the Rule and specified in Section 3(a) of this Disclosure Agreement.
"Audited Financial Statements" means the financial statements (if any) of the Issuer for
the prior Fiscal Year, certified by an independent auditor as prepared in accordance with
generally accepted accounting principles or otherwise, as such term is used in paragraph (b)(5)(i)
of the Rule and specified in Section 3(b) of this Disclosure Agreement.
"Bonds" means the bonds as listed on the attached Exhibit A, with the 9-digit CUSIP
numbers relating thereto.
"Certification" means a written certification of compliance signed by the Disclosure
Representative stating that the Annual Report, Audited Financial Statements, Voluntary Report,
Notice Event notice or Failure to File Event notice delivered to the Disclosure Dissemination
Agent is the Annual Report, Audited Financial Statements, Voluntary Report, Notice Event
notice or Failure to File Event notice required to be submitted to the MSRJ3 under this Disclosure
Agreement. A Certification shall accompany each such document submitted to the Disclosure
Dissemination Agent by the Issuer and include the full name of the Bonds and the 9-digit CUSIP
numbers for all Bonds to which the document applies.
"Disclosure Representative" means the Chief Financial Officer of the Issuer or his or her
designee, or such other person as the Issuer shall designate in writing to the Disclosure
Dissemination Agent from time to time as the person responsible for providing Information to
the Disclosure Dissemination Agent.
"Disclosure Dissemination Agent" means Digital Assurance Certification, L.L.C, acting
in its capacity as Disclosure Dissemination Agent hereunder, or any successor Disclosure
Dissemination Agent designated in writing by the Issuer pursuant to Section 9 hereof.
"Failure to File Event" means the Issuer's failure to file an Annual Report on or before
the Annual Filing Date.
"Force Majeure Event" means: (i) acts of God, war, or terrorist action; (ii) failure or shut-
down of the Electronic Municipal Market Access system maintained by the MSRB; or (iii) to the
extent beyond the Disclosure Dissemination Agent's reasonable control, interruptions in
telecommunications or utilities services, failure, malfinction or error of any telecommunications,
computer or other electrical, mechanical or technological application, service or system,
computer virus, interruptions in Internet service or telephone service (including due to a virus,
electrical delivery problem or similar occurrence) that affect Internet users generally, or in the
local area in which the Disclosure Dissemination Agent or the MSRB is located, or acts of any
government, regulatory or any other competent authority the effect of which is to prohibit the
Disclosure Dissemination Agent from performance of its obligations under this Disclosure
Agreement.
"Holder" means any person (a) having the power, directly or indirectly, to vote or consent
with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds
through nominees, depositories or other intermediaries) or (b) treated as the owner of any Bonds
for federal income tax purposes.
"Information" means the Annual Financial Information, the Audited Financial Statements
(if any), the Notice Event notices, the Failure to File Event notices and the Voluntary Reports.
"MSRB" means the Municipal Securities Rulemaking Board established pursuant to
Section 15B(b)(l) of the Securities Exchange Act of 1934.
"Notice Event" means any of the events enumerated in paragraph (b)(S)(i)(C) of the Rule
and listed in Section 4(a) of this Disclosure Agreement.
"Obligated Person" means any person, including the Issuer, who is either generally or
through an enterprise, fund, or account of such person committed by contract or other
arrangement to support payment of all, or part of the obligations on the Bonds (other than
providers of municipal bond insurance, letters of credit, or other liquidity facilities).
"Official Statement" means that Official Statement prepared by the Issuer in connection
with the Bonds.
"Voluntary Report" means the information provided to the Disclosure Dissemination
Agent by the Issuer pursuant to Section 7.
SECTION 2. Provision of Annual Reports.
(a) The Issuer shall provide, annually, an electronic copy of the Annual Report and
Certification to the Disclosure Dissemination Agent, not later than 30 days prior to the Annual
Filing Date. Promptly upon receipt of an electronic copy of the Annual Report and the
Certification, the Disclosure Dissemination Agent shall provide an Annual Report to the MSRB
not later than two hundred forty (240) days after the end of each Fiscal Year, commencing with
the Fiscal Year ended September 30,201 1. Such date and each anniversary thereof is the Annual
Filing Date. The Annual Report may be submitted as a single document or as separate documents
comprising a package, and may cross-reference other information as provided in Section 3 of this
Disclosure Agreement.
(b) If on the fifteenth (15th) day prior to the Annual Filing Date, the Disclosure
Dissemination Agent has not received a copy of the Annual Report and Certification, the
Disclosure Dissemination Agent shall contact the Disclosure Representative by telephone and in
writing (which may be by e-mail) to remind the Issuer of its undertaking to provide the Annual
Report pursuant to Section 2(a). Upon such reminder, the Disclosure Representative shall either
(i) provide the Disclosure Dissemination Agent with an electronic copy of the Annual Report and
the Certification no later than two (2) business days prior to the Annual Filing Date, or (ii)
instruct the Disclosure Dissemination Agent in writing that the Issuer will not be able to file the
Annual Report within the time required under this Disclosure Agreement, state the date by which
the Annual Report for such year will be provided and instruct the Disclosure Dissemination
Agent that a Failure to File Event has occurred and to immediately send a notice to the MSRB in
substantially the form attached as Exhibit B.
(c) If the Disclosure Dissemination Agent has not received an Annual Report and
Certification by 12:00 noon on the first business day following the Annual Filing Date for the
Annual Report, a Failure to File Event shall have occurred and the Issuer irrevocably directs the
Disclosure Dissemination Agent to immediately send a notice to the MSRB in substantially the
form attached as Exhibit By without reference to the anticipated filing date for the Annual
Report.
(d) If Audited Financial Statements of the Issuer are prepared but not available prior
to the Annual Filing Date, the Issuer shall, when the Audited Financial Statements are available,
provide in a timely manner an electronic copy to the Disclosure Dissemination Agent,
accompanied by a Certification, for filing with the MSRB.
(e) The Disclosure Dissemination Agent shall:
(i) verify the filing specifications of the MSRB each year prior to the Annual
Filing Date;
(ii) upon receipt, promptly file each Annual Report received under Sections
2(a) and 2(b) with the MSRB;
(iii) upon receipt, promptly file each Audited Financial Statement received
under Section 2(d) with the MSRB;
(iv) upon receipt, promptly file the text of each Notice Event received under
Sections 4(a) and 4(b)(ii) with the MSRB, identifying the Notice Event as instructed by
the Issuer pursuant to Section 4(a) or 4(b)(ii) (being any of the categories set forth below)
when filing pursuant to the Section of this Disclosure Agreement indicated:
1. "Principal and interest payment delinquencies," pursuant to
Sections 4(c) and 4(a)(l);
2. "Non-Payment related defaults, if material," pursuant to Sections
4(c) and 4(a)(2);
3. "Unscheduled draws on debt service reserves reflecting financial
difficulties," pursuant to Sections 4(c) and 4(a)(3);
4. "Unscheduled draws on credit enhancements reflecting financial
difficulties," pursuant to Sections 4(c) and 4(a)(4);
5. "Substitution of credit or liquidity providers, or their failure to
perform," pursuant to Sections 4(c) and 4(a)(5);
6. "Adverse tax opinions, the issuance by the Internal Revenue
Service of proposed or final determinations of taxability, Notices of Proposed
Issue (IRS Form 5701-TEB) or other material notices or determinations with
respect to the tax status of the security, or other material events affecting the tax
status of the security," pursuant to Sections 4(c) and 4(a)(6);
7. "Modifications to rights of securities holders, if material," pursuant
to Sections 4(c) and 4(a)(7);
8. "Bond calls, if material, and tender offers" pursuant to Sections
4(c) and 4(a)(8);
9. "Defeasances," pursuant to Sections 4(c) and 4(a)(9);
10. "Release, substitution, or sale of property securing repayment of
the securities, if material," pursuant to Sections 4(c) and 4(a)(10);
1 1. "Rating changes," pursuant to Sections 4(c) and 4(a)(l1);
12. "Bankruptcy, insolvency, receivership or similar event of the
obligated person," pursuant to Sections 4(c) and 4(a)(12);
13. "The consummation of a merger, consolidation, or acquisition
involving an obligated person or the sale of all or substantially all of the assets of
the obligated person, other than in the ordinary course of business, the entry into a
definitive agreement to undertake such an action or the termination of a definitive
agreement relating to any such actions, other than pursuant to its terms, if
material," pursuant to Sections 4(c) and 4(a)(13); and
14. "Appointment of a successor or additional trustee or the change of
name of a trustee, if material," pursuant to Sections 4(c) and 4(a)(l4).
(v) upon receipt (or irrevocable direction pursuant to Section 2(c) of this
Disclosure Agreement, as applicable), promptly file a completed copy of Exhibit B to this
Disclosure Agreement with the MSRB, identifying the filing as "Failure to provide
annual information as required" when filing pursuant to Section 2(b)(ii) or Section 2(c) of
this Disclosure Agreement;
(vi) upon receipt, promptly file the text of each Voluntary Report received
under Section 7 with the MSRB.
(vii) provide the Issuer evidence of the filings of each of the above when made,
which shall be by means of the DAC system, for so long as DAC is the Disclosure
Dissemination Agent under this Disclosure Agreement.
(f) The Issuer may adjust the Annual Filing Date upon change of its Fiscal Year by
providing written notice of such change and the new Annual Filing Date to the Disclosure
Dissemination Agent and the MSRB, provided that the period between the existing Annual
Filing Date and new Annual Filing Date shall not exceed one year,
(g) Any Information received by the Disclosure Dissemination Agent before 6:00
p.m. Eastern time on any business day that it is required to file with the MSRB pursuant to the
terms of this Disclosure Agreement and that is accompanied by a Certification and all other
information required by the terms of this Disclosure Agreement will be filed by the Disclosure
Dissemination Agent with the MSRB no later than 11 :59 p.m. Eastern time on the same business
day; provided, however, the Disclosure Dissemination Agent shall have no liability for any delay
in filing with the MSRB if such delay is caused by a Force Majeure Event, provided that the
Disclosure Dissemination Agent uses reasonable efforts to make any such filing as soon as
possible.
SECTION 3. Content of Annual Reports.
(a) Each Annual Report shall contain the following Annual Financial Information for
the prior Fiscal Year: the information in the Official Statement under the [tables captioned "City of
Miami Beach, Florida Property Tax Levies and Collections," "City of Miami Beach, Florida
Statement of Tax Levies and Tax Rates" and "City of Miami Beach, Florida Computation of Direct
and Overlapping Bonded Debt"].
(b) Audited Financial Statements prepared in accordance with generally accepted
accounting principles ("GAAP") will be included in the Annual Report, but may be provided in
accordance with Section 2(d).
Any or all of the items listed above may be included by specific reference to other
documents, including official statements of debt issues with respect to which the Issuer is an
Obligated Person, which have been previously filed with the Securities and Exchange
Commission or available to the public on the MSRB Internet Website. If the document
incorporated by reference is a final official statement, it must be available from the MSRB. The
Issuer will clearly identify each such document so incorporated by reference.
Any Annual Financial Information containing modified operating data or financial
information is required to explain, in narrative form, the reasons for the modification and the
impact of the change in the type of operating data or financial information being provided.
SECTION 4. Reporting of Notice Events.
(a) The occurrence of any of the following events with respect to the Bonds
constitutes a Notice Event:
1. Principal and interest payment delinquencies;
2.. Non-payment related defaults, if material;
3. Unscheduled draws on debt service reserves reflecting financial
difficulties;
4. Unscheduled draws on credit enhancements relating to the Bonds
reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form
5701 -TEB) or other material notices or determinations with respect to the tax status of the
security, or other material events affecting the tax status of the Bonds;
7. Modifications to rights of Bond holders, if material;
8. Bond calls, if material, and tender offers;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the Bonds,
if material;
I I. Rating changes on the Bonds;
12. Bankruptcy, insolvency, receivership or similar event of the Obligated
Person;
Note: for the purposes of the event identified in this subsection 4(a)(12), the event is considered to
occur when any of the following occur: the appointment of a receiver, fiscal agent or similar oflcer for an
Obligated Person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state
or federal law in which a court or governmental authority has assumedjurisdiction over substantially all of
the assets or business of the Obligated Person, or if such jurisdiction has been assumed by leaving the
existing governmental body and oflcials or oflcers in possession but subject to the supervision and orders
of a court or governmental authority, or the entry of an order confrming a plan of reorganization,
arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over
substantially all of the assets or business of the Obligated Person.
13. The consummation of a merger, consolidation, or acquisition involving an
Obligated Person or the sale of all or substantially all of the assets of the Obligated
Person, other than in the ordinary course of business, the entry into a definitive agreement
to undertake such an action or the termination of a definitive agreement relating to any
such actions, other than pursuant to its terms, if material; and
14. Appointment of a successor or additional trustee or the change of name of
a trustee, if material.
The Issuer shall, in a timely manner not in excess of ten (10) business days after its occurrence,
notify the Disclosure Dissemination Agent in writing of the occurrence of a Notice Event. Such
notice shall instruct the Disclosure Dissemination Agent to report the occurrence pursuant to
subsection (c) and shall be accompanied by a Certification. Such notice or Certification shall
identify the Notice Event that has occurred (which shall be any of the categories set forth in
Section 2(e)(iv) of this Disclosure Agreement), include the text of the disclosure that the Issuer
desires to make, contain the written authorization of the Issuer for the Disclosure Dissemination
Agent to disseminate such information, and identify the date the Issuer desires for the Disclosure
Dissemination Agent to disseminate the information (provided that such date is not later than the
tenth (10th) business day after the occurrence of the Notice Event).
(b) The Disclosure Dissemination Agent is under no obligation to notify the Issuer or
the Disclosure Representative of an event that may constitute a Notice Event. In the event the
Disclosure Dissemination Agent so notifies the Disclosure Representative, the Disclosure
Representative will within two business days of receipt of such notice (but in any event not later
than the tenth (10th) business day after the occurrence of the Notice Event, if the Issuer
determines that a Notice Event has occurred), instruct the Disclosure Dissemination Agent that
(i) a Notice Event has not occurred and no filing is to be made or (ii) a Notice Event has occurred
and the Disclosure Dissemination Agent is to report the occurrence pursuant to Section 4(c),
together with a Certification. Such notice or Certification shall identify the Notice Event that has
occurred (which shall be any of the categories set forth in Section 2(e)(iv) of this Disclosure
Agreement), include the text of the disclosure that the Issuer desires to make, contain the written
authorization of the Issuer for the Disclosure Dissemination Agent to disseminate such
information, and identify the date the Issuer desires for the Disclosure Dissemination Agent to
disseminate the information (provided that such date is not later than the tenth (10th) business
day after the occurrence of the Notice Event).
(c) If the Disclosure Dissemination Agent has been instructed by the Issuer as
prescribed in subsection (a) or (b)(ii) of this Section 4 to report the occurrence of a Notice Event,
the Disclosure Dissemination Agent shall promptly file a notice of such occurrence with the
MSRB in accordance with Section 2(e)(iv) hereof.
SECTION 5. CUSIP Numbers. Whenever providing information to the Disclosure
Dissemination Agent, including but not limited to Annual Reports, documents incorporated by
reference to the Annual Reports, Audited Financial Statements, notices of Notice Events, Failure
to File Events and Voluntary Reports filed pursuant to Section 7(a), the Issuer shall indicate the
full name of the Bonds and the 9-digit CUSIP numbers for the Bonds as to which the provided
information relates.
SECTION 6. Additional Disclosure Obligations. The Issuer acknowledges and
understands that other state and federal laws, including but not limited to the Securities Act of
1933 and Rule lob-5 promulgated under the Securities Exchange Act of 1934, may apply to the
Issuer, and that the failure of the Disclosure Dissemination Agent to so advise the Issuer shall not
constitute a breach by the Disclosure Dissemination Agent of any of its duties and
responsibilities under this Disclosure Agreement. The Issuer acknowledges and understands that
the duties of the Disclosure Dissemination Agent relate exclusively to execution of the
mechanical tasks of disseminating information as described in this Disclosure Agreement.
SECTION 7. Voluntary Reports.
(a) The Issuer may instruct the Disclosure Dissemination Agent to file information
with the MSRB, from time to time pursuant to a Certification of the Disclosure Representative
accompanying such information (a "Voluntary Report").
(b) Nothing in this Disclosure Agreement shall be deemed to prevent the Issuer from
disseminating any other information through the Disclosure Dissemination Agent using the
means of dissemination set forth in this Disclosure Agreement or including any other
information in any Annual Report, Audited Financial Statements, Voluntary Report, Notice
Event notice or Failure to File Event notice, in addition to that required by this Disclosure
Agreement. If the Issuer chooses to include any information in any Annual Report, Audited
Financial Statements, Voluntary Report, Notice Event notice, or Failure to File Event notice in
addition to that which is specifically required by this Disclosure Agreement, the Issuer shall have
no obligation under this Disclosure Agreement to update such information or include it in any
future Annual Report, Audited Financial Statements, Voluntary Report, Notice Event notice or
Failure to File Event notice.
SECTION 8. Termination of Reporting Obligation. The obligations of the Issuer and
the Disclosure Dissemination Agent under this Disclosure Agreement shall terminate with
respect to the Bonds upon the legal defeasance, prior redemption or payment in full of all of the
Bonds, when the Issuer is no longer an Obligated Person with respect to the Bonds, or upon
delivery by the Disclosure Representative to the Disclosure Dissemination Agent of an opinion
of nationally recognized bond counsel to the effect that continuing disclosure is no longer
required.
SECTION 9. Disclosure Dissemination Agent. The Issuer has appointed Digital
Assurance Certification, L.L.C. as exclusive Disclosure Dissemination Agent under this
Disclosure Agreement. The Issuer may, upon thirty days written notice to the Disclosure
Dissemination Agent, replace or appoint a successor Disclosure Dissemination Agent. Upon
termination of DAC's services as Disclosure Dissemination Agent, whether by notice of the
Issuer or DAC, the Issuer agrees to appoint a successor Disclosure Dissemination Agent or,
alternately, agrees to assume all responsibilities of Disclosure Dissemination Agent under this
Disclosure Agreement for the benefit of the Holders of the Bonds. Notwithstanding any
replacement or appointment of a successor, the Issuer shall remain liable until payment in full for
any and all sums owed and payable to the Disclosure Dissemination Agent. The Disclosure
Dissemination Agent may resign at any time by providing thirty days' prior written notice to the
Issuer.
SECTION 10. Remedies in Event of Default. In the event of a failure of the Issuer or
the Disclosure Dissemination Agent to comply with any provision of this Disclosure Agreement,
the Holders' rights to enforce the provisions of this Disclosure Agreement shall be limited solely
to a right, by action in mandamus or for specific performance, to compel performance of the
parties' obligation under this Disclosure Agreement. Any failure by a party to perform in
accordance with this Disclosure Agreement shall not constitute a default on the Bonds or under
any other document relating to the Bonds, including the Resolution, and all rights and remedies
shall be limited to those expressly stated herein.
SECTION 11. Duties, Immunities and Liabilities of Disclosure Dissemination Agent.
(a) The Disclosure Dissemination Agent shall have only such duties as are
specifically set forth in this Disclosure Agreement. The Disclosure Dissemination Agent's
obligation to deliver the information at the times and with the contents described herein shall be
limited to the extent the Issuer has provided such information to the Disclosure Dissemination
Agent as required by this Disclosure Agreement. The Disclosure Dissemination Agent shall
have no duty with respect to the content of any disclosures or notice made pursuant to the terms
hereof. The Disclosure Dissemination Agent shall have no duty or obligation to review or verify
any Information or any other information, disclosures or notices provided to it by the Issuer and
shall not be deemed to be acting in any fiduciary capacity for the Issuer, the Holders of the
Bonds or any other party. The Disclosure Dissemination Agent shall have no responsibility for
the Issuer's failure to report to the Disclosure Dissemination Agent a Notice Event or a duty to
determine the materiality thereof. The Disclosure Dissemination Agent shall have no duty to
determine, or liability for failing to determine, whether the Issuer has complied with this
Disclosure Agreement. The Disclosure Dissemination Agent may conclusively rely upon
certifications of the Issuer at all times.
The obligations of the Issuer under this Section shall survive resignation or removal of
the Disclosure Dissemination Agent and defeasance, redemption or payment of the Bonds.
(b) The Disclosure Dissemination Agent may, from time to time, consult with legal
counsel (either in-house or external) of its own choosing in the event of any disagreement or
controversy, or question or doubt as to the construction of any of the provisions hereof or its
respective duties hereunder, and shall not incur any liability and shall be fully protected in acting
in good faith upon the advice of such legal counsel. The reasonable fees and expenses of such
counsel shall be payable by the Issuer.
(c) All documents, reports, notices, statements, information and other materials
provided to the MSRB under this Disclosure Agreement shall be provided in an electronic format
and accompanied by identifying information as prescribed by the MSRB.
SECTION 12. Amendment; Waiver. Notwithstanding any other provision of this
Disclosure Agreement, the Issuer and the Disclosure Dissemination Agent may amend this
Disclosure Agreement and any provision of this Disclosure Agreement may be waived, if such
amendment or waiver is supported by an opinion of counsel expert in federal securities laws
acceptable to both the Issuer and the Disclosure Dissemination Agent to the effect that such
amendment or waiver does not materially impair the interests of Holders of the Bonds and would
not, in and of itself, cause the undertakings herein to violate the Rule if such amendment or
waiver had been effective on the date hereof but taking into account any subsequent change in or
official interpretation of the Rule; provided neither the Issuer or the Disclosure Dissemination
Agent shall be obligated to agree to any amendment modifying their respective duties or
obligations without their consent thereto.
Notwithstanding the preceding paragraph, the Disclosure Dissemination Agent shall have
the right to adopt amendments to this Disclosure Agreement necessary to comply with
modifications to and interpretations of the provisions of the Rule as announced by the Securities
and Exchange Commission from time to time by giving not less than 20 days written notice of
the intent to do so together with a copy of the proposed amendment to the Issuer. No such
amendment shall become effective if the Issuer shall, within 10 days following the giving of such
notice, send a notice to the Disclosure Dissemination Agent in writing that it objects to such
amendment. . .
SECTION 13. No Personal Liabilitv. No covenant, stipulation, obligation or agreement
of the Issuer contained in this Disclosure Agreement shall be deemed to be a covenant, stipulation,
obligation or agreement of any present or future officer, agent or employee of the Issuer in other
than that person's official capacity.
SECTION 14. Beneficiaries. This Disclosure Agreement shall inure solely to the
benefit of the Issuer, the Disclosure Dissemination Agent, the Underwriter, and the Holders from
time to time of the Bonds, and shall create no rights in any other person or entity.
SECTION 15. Governing; Law. This Disclosure Agreement shall be governed by the
laws of the State of Florida.
SECTION 16. Counterparts. This Disclosure Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
The Disclosure Dissemination Agent and the Issuer have caused this Disclosure
Agreement to be executed, on the date first written above, by their respective officers duly
authorized.
DIGITAL ASSURANCE CERTIFICATION,
L.L.C., as Disclosure Dissemination Agent
By:
Name:
Title:
CITY OF MIAMI BEACH, FLORIDA,
as Issuer
By:
Patricia D. Walker
Chief Financial Officer
EXHIBIT A
NAME AND CUSIP NUMBERS OF BONDS
Name of Issuer: City of Miami Beach, Florida
Obligated Person: City of Miami Beach, Florida
Name of Bond Issue: General Obligation Refunding Bonds, Series 201 1
Date of Issuance: ,201 1
Date of Official Statement: ,2011
CUSIP Numbers:
EXHIBIT B
NOTICE TO MSRB OF FAILURE TO FILE ANNUAL REPORT
Issuer: City of Miami Beach, Florida
Obligated Person: City of Miami Beach, Florida
Name of Bond Issue: General Obligation Refunding Bonds, Series 20 1 1
Date of Issuance: ,201 1
NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report with
respect to the above-named Bonds as required by the Disclosure Dissemination Agent
Agreement, dated as of , 201 1, between the Issuer and Digital Assurance
Certification, L.L.C., as Disclosure Dissemination Agent. The Issuer has notified the Disclosure
Dissemination Agent that it anticipates that the Annual Report will be filed by
Dated:
Digital Assurance Certification, L.L.C., as
Disclosure Dissemination Agent, on behalf
of the Issuer
cc: City of Miami Beach, Florida
FIRST SUPPLEMENTAL LOAN AGREEMENT
DA TED AS OF OCTOBER -, 2011
Among
CITY OF GULF BREEZE, FLORIDA
as Sponsor
and
U.S. BANK NA TIONAL ASSOCLA TION
As Trustee
And
CITY OF MLAMI BEACH, FLORIDA
As Governmental Unit
RELATING TO THE LOANAGREEMENT DATED AS OF JUNE 1,2000
EXECUTED IN CONNECTION WITH
$1 $91 0,000
LOAN FROM THE CITY OF GULF BREEZE, FLORIDA,
LOCAL GOVERNMENT LOAN PROGRAM, SERIES 1985B
(CITY OF MU MI BEACH, FLORIDA)
This Document prepared by
and return to:
Richard I. Lott
McGuireWoods LLP
50 North Laura Street, Suite 3300
Jacksonville, Florida 32202-3661
TABLE OF CONTENTS
SECTION 1 .
SECTION 2 .
SECTION 3 .
SECTION 4 .
SECTION 5 .
SECTION 6 .
SECTION 7 .
SECTION 8 .
SECTION 9 .
SECTION 10 .
SECTION 11
SECTION 12 .
SECTION 13 .
SECTION 14 .
..................................................................................................... DEFINITIONS 1
AMENDMENT ................................................................................................... 1
PRIOR AGREEMENT TO REMAIN IN EFFECT ......................................... 3
LIMITATION OF LIABILITY .......................................................................... 4
NO PERSONAL RECOURSE ............................................................................ 4
ILLEGAL OR INVALID PROVISIONS DISREGARDED ............................ 4
APPLICABLE LAW ........................................................................................... 4
ASSIGNMENTS .................................................................................................. 4
AMENDMENTS ............................................................................................ 5
TERM OF AGREEMENT .................................................................................. 5
.............................................................................................................. NOTICES 5
HEADINGS ..................................................................................................... 6
AMENDMENT TO INTERLOCAL AGREEMENT ..................................... 6
.............................................................................................. COUNTERPARTS 7
FIRST SUPPLEMENTAL LOAN AGREEMENT
This FIRST SUPPLEMENTAL LOAN AGREEMENT, dated as of October -, 201 1,
is entered into by and between U.S. BANK NATIONAL ASSOCIATION, as successor Trustee
for the holders of the Bonds (as defined herein), BEVERLY ZIMMERN, Mayor, as
Administrator (the "Administrator") acting on behalf of the CITY OF GULF BREEZE,
FLORIDA (the "Sponsor") and the CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation organized and duly existing under the laws of the State of Florida (the
"Governmental Unit"), for and in consideration of the mutual benefits and obligations herein
conferred and undertaken and for other good and valuable consideration, receipt of which is
hereby acknowledged.
WITNESSETH AS FOLLOWS:
Section 1. DEFINITIONS.
All capitalized terms used herein which are defined in the Loan Agreement dated as of
June 1, 2000 (the "Original Loan Agreement") between the Trustee, the Administrator and the
Governmental Unit, shall have the meanings set forth in the Original Loan Agreement,
Section 2. AMENDMENTS.
Pursuant to Section 6.7 of the Original Loan Agreement, the undersigned hereby agree to
the following amendments to the Original Loan Agreement:
(A) Section 3.4 of the Original Loan Agreement is hereby amended to read as follows:
(a) The Governmental Unit shall be entitled to prepay the Loan in whole or in
part on any date upon which the Bonds converted to a Long Fixed Rate in connection
with this Loan may be redeemed or converted to another mode at the option of the
Sponsor or may be called for mandatory tender by the Sponsor, upon not less than one
hundred twenty-four4 (1249) days prior written notice to the Sponsor- . . and the Trustee.
(b) Any such prepayment in whole shall be made with the effect provided in
Section 4.04 of the Indenture, it being understood that, unless such deposit already
constitutes Eligible Funds for Tender, the principal portion of any prepayment permitted
pursuant to this section -must be made not less than one hundred twenty-
four& (1249) days in advance of any application thereof, unless the Indenture shall -
otherwise permit. The prepayment shall be in an amount equal to the sum of (A) accrued
and unpaid interest on the Loan as of the date on which redemption or tender of the
Bonds can occur following processing of such notice and (B) the product obtained by
multiplying (i) the outstanding principal amount of the Loan to be prepaid by (ii) the
quotient obtained by dividing (y) the principal amount of the Bonds then Outstanding by
(x) the amount of Program Assets (as defined in the Indenture) held by the Trustee,
provided that the quotient shall not be less than 1.0. In no event, however, shall the
prepayment amount for such prepayment in whole be less than the principal amount of
the Loan then Outstanding plus accrued interest and any unpaid Reserve Payment amount
due in respect of the Loan.
In the case of a partial prepayment of any Loan, the amount of any such
prepayment which shall be applied to the reduction of the outstanding principal balance
of the Loan shall be reduced by an amount equal to the sum of (A) the amount of interest
which accrues on the Loan from the date of its deposit with the Trustee until the first
Business Day which is not earlier than one hundred twenty-four* (1249) days
thereafter (the "Prepayment Effective Date") and (B) the difference between (1) the
product obtained by multiplying (i) the outstanding principal amount of the Loan to be
prepaid (as reduced by the amount described in clause (A) of this sentence) by (ii) the
quotient obtained by dividing (y) the principal amount of the Bonds then Outstanding by
(x) the amount of Program Assets on the Prepayment Effective Date, provided that the
quotient shall not be less than 1.0 and (2) the outstanding principal amount of the Loan to
be prepaid (as reduced by the amount described in clause (A) of this sentence).
Notwithstanding anything herein to the contrary, the one hundred twenty-rn
i+ke (129) day periods mentioned in paragraphs (a) and (b) hereof may run
concurrently. The Governmental Unit shall receive credit for any income from
investment of the amount of any such prepayment. Any computation of the prepayment
amount under this Section 3.4(b) shall be made assuming all payments are made by
Participating Governmental Units, as provided in Section 3.3(d) hereof.
With respect to payments from other than Eligible Funds for Tender. prior to such
Prepayment Effective Date, the Governmental Unit shall continue to pay monthly interest
and Program Expenses with respect to the prepayment amount, less credit for any interest
earnings actually realized on the investment of such prepayment amount. No prepayment
hereunder shall take effect prior to the Prepayment Effective Date unless such
prepayment is made from funds otherwise constituting Eligible Funds for Tender.
(c) The amount of any prepayment shall also include any amounts necessary
to pay prepayment premiums, if any, to the holders of the Converted Bonds in connection
with a redemption thereof from the proceeds of the prepayment.
(d) In determining the amount and effect of any prepayments under this
Section 3.4, Program Assets shall include any unpaid Loans, including any unpaid Loans
that may have been discharged in bankruptcy or declared void or unenforceable.
(e) The Governmental Unit may make provision for prepayment of the
scheduled principal and Fixed Rate interest of the Loan in whole by deposit of
Government Obligations (or other investments acceptable to the Credit Facility Issuer) in
irrevocable escrow prior to the Prepayment Effective Date. Upon making such deposit in
escrow in accordance with the provisions hereof, or at any time thereafter. the
Governmental Unit may, with the consent of the Administrator and the Credit Facility
Issuer, deposit with the Trustee an amount to be applied to the reduction of any Non-
Asset Bonds, including, among other things, (i) Non-Asset Bonds related to the
deficiency between the amount of Bonds Outstanding and the amount of Program Assets,
and (ii) Non-Asset Bonds related to accrued and unpaid Program Expenses. On the
Prepayment Effective Date, the Governmental Unit shall receive credit in the amount of
such deposit toward the Prepayment Requirement, as defined in the Indenture (the
"Prepayment Requirement"), due to the Trustee on such date; provided, however, that in
computing the Prepayment Requirement on such date. the figure for Program Assets held
by the Trustee shall be reduced by the amount of such credit. In no event, however, shall
the Prepayment Requirement for such prepavment in whole be less than the principal
amount of the Loan then Outstanding plus accrued interest and premium.
(B) Section 4.l(b) of the Original Loan Agreement is hereby amended to read as
follows:
(b) The Governmental Unit shall deliver to the Sponsor, the Credit Facility
Issuer and the Trustee, not later than the 135th but not earlier than the 42$&-125~ day
following (i) in the case of a Loan secured by a Local Letter of Credit, the date of each
Loan Payment pursuant to the terms of this Loan Agreement (whether by prepayment or
regularly scheduled payment) or (ii) as to Loans not so secured, and solely with respect to
payments from other than Eligible Funds for Tender, upon the final payment upon the
Loan, a certificate of the Governmental Unit, or other evidence in form and substance
satisfactory to the Trustee, to the effect that, during the period ending one hundred
-twenty-four (124) days following such payment, no bankruptcy,
insolvency or similar proceeding has been commenced by or against the Governmental
Unit and that no other event has occurred which would have constituted an Event of
Default under Section 5.l(f) of this Loan Agreement (except such as has been vacated,
dismissed or discharged by an order which is not subject to further appeal).
Notwithstanding the payment in full of the Loan, the Governmental Unit shall pay any
charges incurred by the Sponsor or the Trustee in connection with any payment under the
Credit Facility by reason of the Governmental Unit's failure to deliver such certificate or
evidence on a timely basis. In addition, notwithstanding the payment in full of the Loan,
the Governmental Unit shall pay to any Substitute Credit Facility Issuer an amount, if
any, equal to the Credit Facility Issuer Rate per annum on the amount which was
disbursed under the Credit Facility by reason of any payment of the Governmental Unit's
Loan payment to the holders of the Bonds being deemed a Preference Payment (as
defined in the Indenture), for the period between the disbursement of such amount under
the Credit Facility and the repayment of such amount by the Governmental Unit.
Section 3. PRIOR AGREEMENT TO REMAIN IN EFFECT.
As amended and supplemented hereby, the Original Loan Agreement shall remain in full
force and effect and the same is in all respects hereby ratified and confirmed, and the Original
Loan Agreement as so amended and supplemented hereby shall be read, taken and construed as
one and the same instrument.
Section 4. LIMITATION OF LIABILITY.
In the event of any default by the Sponsor under the Original Loan Agreement, the
liability of the Sponsor or the Credit Facility Issuer to the Governmental Unit shall be
enforceable only out of its interest under the Original Loan Agreement and there shall be no
other recourse for damages by the Governmental Unit against the Sponsor, the Credit Facility
Issuer, its officers, members, agents and employees, or against any of the property now or
hereafter owned by it or them.
In the event of any default by the Governmental Unit under the Original Loan
Agreement, the liability of the Governmental Unit shall be enforceable only out of the Pledged
Revenues, and there shall be no other recourse for damages by the Sponsor or the Credit Facility
Issuer against the Governmental Unit, its officers, members, agents and employees.
Section 5. NO PERSONAL RECOURSE.
Neither any member nor any officer, employee or agent of the Governmental Unit nor
any person executing this First Supplemental Loan Agreement shall be personally liable on the
Loan or the Bonds or this First Supplemental Loan Agreement by reason of the issuance thereof.
Section 6. ILLEGAL OR INVALID PROVISIONS DISREGARDED.
In case any provision of this Agreement shall for any reason be held invalid, illegal or
unenforceable in any respect, this Agreement shall be construed as if such provision had never
been contained herein.
Section 7. APPLICABLE LAW.
This Agreement shall be deemed to be a contract made in Florida and governed by
Florida law.
Section 8. ASSIGNMENTS.
The Governmental Unit shall not assign this Agreement or any interest of the
Governmental Unit herein, either in whole or in part. The Administrator on behalf of the
Sponsor and the Trustee may assign this Agreement as provided in Section 3.9 of the Original
Loan Agreement. Except as provided in Section 3.9 of the Original Loan Agreement this
Agreement shall be binding upon shall inure to the benefit of the successors and assigns of the
parties hereto.
Section 9. AMENDMENTS.
This Agreement may not be amended except in accordance with amendments to the
Original Loan Agreement.
Section 10. TERM OF AGREEMENT.
This Agreement and the respective obligations of the parties hereto shall be in hll force
and effect from the date hereof until the expiration of the term of the Original Loan Agreement.
Section 11 NOTICES.
The provisions for notices set forth in Section 6.3 of the Original Loan Agreement shall
be amended to read as follows:
Notice hereunder shall be effective upon receipt by the contact set forth below and shall
be given by certified mail, return receipt requested, to:
As to the Sponsor:
City Manager
City of Gulf Breeze, Florida
P.O. Box 640
Gulf Breeze, Florida 32561
As to the Trustee:
U.S. Bank National Association
225 E. Robinson Street, Suite 250
Orlando, Florida 3280 1
Attn: Corporate Trust Division
As to the Governmental Unit:
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, FL 33 139
Attn: Chief Financial Officer
CC: City Attorney
Section 12. HEADINGS.
The captions or headings in this Agreement are for convenience of reference only and
shall not control or affect the meaning or construction of any provision hereof.
Section 13. AMENDMENT TO INTERLOCAL AGREEMENT.
This Supplemental Loan Agreement shall be deemed to be an amendment to the
interlocal agreement established by the execution and delivery of the Original Loan Agreement
and recorded in the public records of Dade and Santa Rosa Counties in the same manner as the
Original Loan Agreement.
Section 14. COUNTERPARTS.
This Agreement may be executed in several counterparts, all or any of which shall be
regarded for all purposes as duplicate originals and shall constitute and be but one and the same
instrument.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have
caused this First Supplemental Loan Agreement to be executed and delivered as of the date first
written above.
BEVERLY ZIMMERN, Mayor
Administrator
By:
WITNESS:
CITY OF MIAMI BEACH, FLORIDA
Governmental Unit
By:
Mayor
(SEAL)
ATTEST:
By:
City Clerk
Approved as to form and
sufficiency:
By:
City Attorney
U.S. BANK NATIONAL ASSOCIATION,
Trustee
By:
FIRST SUPPLEMENTAL LOAN AGREEMENT
The Financial Advisor is in receipt of the foregoing instrument and it is our opinion the
amendments contemplated thereto do not adversely affect the interest of the bondholders. In
providing such an opinion, we are relying upon the consent of the Credit Facility Issuer to such
amendments.
IN WITNESS WHEREOF, the undersigned official of the Financial Advisor, being
duly authorized, has set his hand this - the day of October, 201 1.
GOVERNMENT CREDIT CORPORATION
Financial Advisor
By:
Its: President
STATE OF FLOFUDA
COUNTY OF SANTA ROSA
1, , a Notary Public in and for the said County in the State
aforesaid, do hereby certify that Beverly Zimmern, personally known to me to be the same person
whose is Mayor df the city of ~ulf Breeze, Florida, and Administrator of the City's Local
Government Loan Program Floating, Rate Demand Revenue Bonds, Series 1985B, subscribed to
the foregoing instrument, appeared before me this day in person and severally acknowledged that
he, being thereunto duly authorized, signed in the presence of two subscribing witnesses and
delivered the said instrument as the free and voluntary act of said City and as his own free and
voluntary act, for the uses and purposes therein set forth and took an oath.
Given under my hand and notarial seal this day of ,201 1.
Notary Public
(SEAL)
My Commission Ends:
Personally Known or
Produced Identification
Type of Identification
Produced
Name:
Address:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
1, , a Notary Public in and for the said County in
the State aforesaid, do hereby certify that and
, personally known to me to be the same persons whose names
are, respectively as Mavor and City Clerk of the Citv of Miami Beach. Florida, subscribed to the
foregoing instrument, appeared before me this day in person and severally acknowledged that they,
being thereunto duly authorized, signed, sealed with the seal of said City, and delivered the said
instrument as the free and voluntary act of said City and as their own free and voluntary act, for the
uses and purposes therein set forth and took an oath.
Notary Public
(SEAL)
My Commission Ends:
Name:
Personally Known or
Produced Identification Address:
Type of Identification
Produced
STATE OF FLORIDA
COUNTY OF ORANGE
I, , a Notary Public in and for the said County in
the State aforesaid, do hereby certify that , personally known to me to
be the of U.S. Bank National Association, subscribed to the foregoing
instrument, appeared before me this day in person and severally acknowledged that they, being
thereunto dui; authorized, signed, seded &th the seal of said Bank, and delivered the said
instrument as the fiee and voluntary act of said Bank and as their own fiee and voluntary act, for
the uses and purposes therein set forth and took an oath,
(SEAL)
Personally Known or
Produced Identification
Type of Identification
Produced
Notary Public
My Commission Ends:
Name:
Address:
STATE OF VERMONT
COUNTY OF
1, , a Notary Public in and for the said County in
the State aforesaid, do hereby certify that Joseph K, Mooney, personally known to me to be the
President of Government Credit Corporation, subscribed to the foregoing instrument, appeared
before me this day in person and severally acknowledged that being duly authorized, signed and
delivered the said instrument as the free and voluntary act of said Corporation and as their own free
and voluntary act, for the uses and purposes therein set forth and took an oath.
(SEAL)
Personally Known or
Produced Identification
Type of Identification
Produced
Notary Public
My Commission Ends:
Name:
Address:
FIRST SUPPLEMENTAL LOAN A GREEMENT
DA TED AS OF OCTOBER -, 2011
Among
CITY OF GULF BREEZE, FLORIDA
as Sponsor
and
U.S. BANK NATIONAL ASSOCU TION
As Trustee
And
CITY OF MUMI BEACH, FLORIDA
As Governmental Unit
RELATING TO THE LOANAGREEMENT DATED AS OF JUNE 1,2000
EXECUTED IN CONNECTION WITH
$1 4,090,000
LOAN FROM THE CITY OF GULF BREEZE, FLORIDA,
LOCAL GO WRNMENT LOAN PROGRAM, SERIES 1985E
(CITY OF MUMI BEACH, FLORIDA)
This Document prepared by
and return to:
Richard I. Lott
McGuireWoods LLP
50 North Laura Street, Suite 3300
Jacksonville, Florida 32202-3661
TABLE OF CONTENTS
SECTION 1 .
SECTION 2 .
SECTION 3 .
SECTION 4 .
SECTION 5 .
SECTION 6 .
SECTION 7 .
SECTION 8 .
SECTION 9 .
SECTION 10 .
SECTION 11
SECTION 12 .
SECTION 13 .
SECTION 14.
DEFINITIONS ..................................................................................................... 1
AMENDMENT ..................................... ... ............................................................ 1
PRIOR AGREEMENT TO REMAIN IN EFFECT ......................................... 3
LIMITATION OF LIABILITY .......................................................................... 4
NO PERSONAL RECOURSE ............................................................................ 4
ILLEGAL OR INVALID PROVISIONS DISREGARDED ............................ 4
APPLICABLE LAW ........................................................................................... 4
.................................................................................................. ASSIGNMENTS 4
.................................................................................................. AMENDMENTS 5
TERM OF AGREEMENT .................................................................................. 5
NOTICES .............................................................................................................. 5
HEADINGS .......................................................................................................... 6
AMENDMENT TO INTERLOCAL AGREEMENT ............................ .. ..... 6
COUNTERPARTS ............................................................................................ 7
FIRST SUPPLEMENTAL LOAN AGREEMENT
This FIRST SUPPLEMENTAL LOAN AGREEMENT, dated as of October -, 201 1,
is entered into by and between U.S. BANK NATIONAL ASSOCIATION, as successor Trustee
for the holders of the Bonds (as defined herein), BEVERLY ZIMMERN, Mayor, as
Administrator (the "Administrator") acting on behalf of the CITY OF GULF BREEZE,
FLORIDA (the "Sponsor") and the CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation organized and duly existing under the laws of the State of Florida (the
"Governmental Unit"), for and in consideration of the mutual benefits and obligations herein
conferred and undertaken and for other good and valuable consideration, receipt of which is
hereby acknowledged.
WITNESSETH AS FOLLOWS:
Section 1. DEFINITIONS.
-,
All capitalized terms used herein which are defined in the Loan Agreement dated as of
June 1, 2000 (the "Original Loan Agreement") between the Trustee, the Administrator and the
Governmental Unit, shall have the meanings set forth in the Original Loan Agreement.
Section 2. AMENDMENTS.
Pursuant to Section 6.7 of the Original Loan Agreement, the undersigned hereby agree to
the following amendments to the Original Loan Agreement:
(A) Section 3.4 of the Original Loan Agreement is hereby amended to read as follows:
(a) The Governmental Unit shall be entitled to prepay the Loan in whole or in
part on any date upon which the Bonds converted to a Long Fixed Rate in connection
with this Loan may be redeemed or converted to another mode at the option of the
Sponsor or may be called for mandatory tender by the Sponsor, upon not less than one
hundred twenty-four4 (129) days prior written notice to the Sponsor+ . . and the Trustee.
(b) Any such prepayment in whole shall be made with the effect provided in
Section 4.04 of the Indenture, it being understood that, unless such deposit already
constitutes Eligible Funds for Tender, the principal portion of any prepayment permitted
pursuant to this section -must be made not less than one hundred twenty-
four-nkw (129) days in advance of any application thereof, unless the Indenture shall -
otherwise permit. The prepayment shall be in an amount equal to the sum of (A) accrued
and unpaid interest on the Loan as of the date on which redemption or tender of the
Bonds can occur following processing of such notice and (B) the product obtained by
multiplying (i) the outstanding principal amount of the Loan to be prepaid by (ii) the
quotient obtained by dividing (y) the principal amount of the Bonds then Outstanding by
(x) the amount of Program Assets (as defined in the Indenture) held by the Trustee,
provided that the quotient shall not be less than 1.0. In no event, however, shall the
prepayment amount for such prepayment in whole be less than the principal amount of
the Loan then Outstanding plus accrued interest and any unpaid Reserve Payment amount
due in respect of the Loan.
In the case of a partial prepayment of any Loan, the amount of any such
prepayment which shall be applied to the reduction of the outstanding principal balance
of the Loan shall be reduced by an amount equal to the sum of (A) the amount of interest
which accrues on the Loan from the date of its deposit with the Trustee until the first
Business Day which is not earlier than one hundred twenty-four* (1249) days
thereafter (the "Prepayment Effective Date") and (B) the difference between (1) the
product obtained by multiplying (i) the outstanding principal amount of the Loan to be
prepaid (as reduced by the amount described in clause (A) of this sentence) by (ii) the
quotient obtained by dividing (y) the principal amount of the Bonds then Outstanding by
(x) the amount of Program Assets on the Prepayment Effective Date, provided that the
quotient shall not be less than 1.0 and (2) the outstanding principal amount of the Loan to
be prepaid (as reduced by the amount described in clause (A) of this sentence).
Notwithstanding anything herein to the contrary, the one hundred twenty-four
& (1249) day periods mentioned in paragraphs (a) and (b) hereof may run
concurrently. The Governmental Unit shall receive credit for any income from
investment of the amount of any such prepayment. Any computation of the prepayment
amount under this Section 3.4(b) shall be made assuming all payments are made by
Participating Governmental Units, as provided in Section 3.3(d) hereof.
With respect to payments from other than Eligible Funds for Tender, prior to such
Prepayment Effective Date, the Governmental Unit shall continue to pay monthly interest
and Program Expenses with respect to the prepayment amount, less credit for any interest
earnings actually realized on the investment of such prepayment amount. No prepayment
hereunder shall take effect prior to the Prepayment Effective Date unless such
prepayment is made from funds otherwise constituting; Eligible Funds for Tender.
(c) The amount of any prepayment shall also include any amounts necessary
to pay prepayment premiums, if any, to the holders of the Converted Bonds in connection
with a redemption thereof from the proceeds of the prepayment.
(d) In determining the amount and effect of any prepayments under this
Section 3.4, Program Assets shall include any unpaid Loans, including any unpaid Loans
that may have been discharged in bankruptcy or declared void or unenforceable.
(e) The Governmental Unit may make provision for prepayment of the
scheduled principal and Fixed Rate interest of the Loan in whole by deposit of
Government Obligations (or other investments acceptable to the Credit Facility Issuer) in
irrevocable escrow prior to the Prepayment Effective Date. Upon making such deposit in
escrow in accordance with the provisions hereof, or at any time thereafter, the
Governmental Unit may, with the consent of the Administrator and the Credit Facility
Issuer. deposit with the Trustee an amount to be applied to the reduction of any Non-
Asset Bonds, including, - among other things. (i) Non-Asset Bonds related to the
deficiency between the amount of Bonds Outstanding and the amount of Program Assets,
and (ii) Non-Asset Bonds related to accrued and unpaid Program Expenses. On the
Prepayment Effective Date, the Governmental Unit shall receive credit in the amount of
such deposit toward the Prepayment Requirement, as defined in the Indenture (the
"Prepayment Requirement"). due to the Trustee on such date: provided, however. that in
computing the Prepayment Re~uirement on such date, the figure for Program Assets held
by the Trustee shall be reduced bv the amount of such credit. In no event, however, shall
the Prepayment Requirement for such prepayment in whole be less than the principal
amount of the Loan then Outstanding plus accrued interest and premium.
(B) Section 4.l(b) of the Original Loan Agreement is hereby amended to read as
follows:
(b) The Governmental Unit shall deliver to the Sponsor, the Credit Facility
Issuer and the Trustee, not later than the 135th but not earlier than the &2+3&-125~~ day
following (i) in the case of a Loan secured by a Local Letter of Credit, the date of each
Loan Payment pursuant to the terms of this Loan Agreement (whether by prepayment or
regularly scheduled payment) or (ii) as to Loans not so secured, and solely with respect to
payments from other than Eligible Funds for Tender, upon the final payment upon the
Loan, a certificate of the Governmental Unit, or other evidence in form and substance
satisfactory to the Trustee, to the effect that, during the period ending one hundred
('29) twenty-four (124) days following such payment, no bankruptcy,
insolvency or similar proceeding has been commenced by or against the Governmental
Unit and that no other event has occurred which would have constituted an Event of
Default under Section 5.1(f') of this Loan Agreement (except such as has been vacated,
dismissed or discharged by an order which is not subject to further appeal).
Notwithstanding the payment in full of the Loan, the Governmental Unit shall pay any
charges incurred by the Sponsor or the Trustee in connection with any payment under the
Credit Facility by reason of the Governmental Unit's failure to deliver such certificate or
evidence on a timely basis. In addition, notwithstanding the payment in full of the Loan,
the Governmental Unit shall pay to any Substitute Credit Facility Issuer an amount, if
any, equal to the Credit Facility Issuer Rate per annum on the amount which was
disbursed under the Credit Facility by reason of any payment of the Governmental Unit's
Loan payment to the holders of the Bonds being deemed a Preference Payment (as
defined in the Indenture), for the period between the disbursement of such amount under
the Credit Facility and the repayment of such amount by the Governmental Unit.
Section 3. PRIOR AGREEMENT TO REMAIN IN EFFECT.
As amended and supplemented hereby, the Original Loan Agreement shall remain in full
force and effect and the same is in all respects hereby ratified and confirmed, and the Original
Loan Agreement as so amended and supplemented hereby shall be read, taken and construed as
one and the same instrument.
Section 4. LIMITATION OF LIABILITY.
In the event of any default by the Sponsor under the Original Loan Agreement, the
liability of the Sponsor or the Credit Facility Issuer to the Governmental Unit shall be
enforceable only out of its interest under the Original Loan Agreement and there shall be no
other recourse for damages by the Governmental Unit against the Sponsor, the Credit Facility
Issuer, its officers, members, agents and employees, or against any of the property now or
hereafter owned by it or them.
In the event of any default by the Governmental Unit under the Original Loan
Agreement, the liability of the Governmental Unit shall be enforceable only out of the Pledged
Revenues, and there shall be no other recourse for damages by the Sponsor or the Credit Facility
Issuer against the Governmental Unit, its officers, members, agents and employees.
Section 5. NO PERSONAL RECOURSE.
Neither any member nor any officer, employee or agent of the Governmental Unit nor
any person executing this First Supplemental Loan Agreement shall be personally liable on the
Loan or the Bonds or this First Supplemental Loan Agreement by reason of the issuance thereof.
Section 6. ILLEGAL OR INVALID PROVISIONS DISREGARDED.
In case any provision of this Agreement shall for any reason be held invalid, illegal or
unenforceable in any respect, this Agreement shall be construed as if such provision had never
been contained herein.
Section 7. APPLICABLE LAW.
This Agreement shall be deemed to be a contract made in Florida and governed by
Florida law.
Section 8. ASSIGNMENTS.
The Governmental Unit shall not assign this Agreement or any interest of the
Governmental Unit herein, either in whole or in part. The Administrator on behalf of the
Sponsor and the Trustee may assign this Agreement as provided in Section 3.9 of the Original
Loan Agreement. Except as provided in Section 3.9 of the Original Loan Agreement this
Agreement shall be binding upon shall inure to the benefit of the successors and assigns of the
parties hereto.
Section 9. AMENDMENTS.
This Agreement may not be amended except in accordance with amendments to the
Original Loan Agreement.
Section 10. TERM OF AGREEMENT.
This Agreement and the respective obligations of the parties hereto shall be in full force
and effect from the date hereof until the expiration of the term of the Original Loan Agreement.
Section 11 NOTICES.
The provisions for notices set forth in Section 6.3 of the Original Loan Agreement shall
be amended to read as follows:
Notice hereunder shall be effective upon receipt by the contact set forth below and shall
be given by certified mail, return receipt requested, to:
As to the Sponsor:
City Manager
City of Gulf Breeze, Florida
P.0, Box 640
Gulf Breeze, Florida 32561
As to the Trustee:
U.S. Bank National Association
225 E. Robinson Street, Suite 250
Orlando, Florida 32801
Attn: Corporate Trust Division
As to the Governmental Unit:
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, FL 33 139
Attn: Chief Financial Officer
CC: City Attorney
Section 12. HEADINGS.
The captions or headings in this Agreement are for convenience of reference only and
shall not control or affect the meaning or construction of any provision hereof.
Section 13. AMENDMENT TO INTERLOCAL AGREEMENT.
This Supplemental Loan Agreement shall be deemed to be an amendment to the
interlocal agreement established by the execution and delivery of the Original Loan Agreement
and recorded in the public records of Dade and Santa Rosa Counties in the same manner as the
Original Loan Agreement.
Section 14. COUNTERPARTS.
This Agreement may be executed in several counterparts, all or any of which shall be
regarded for all purposes as duplicate originals and shall constitute and be but one and the same
instrument.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have
caused this First Supplemental Loan Agreement to be executed and delivered as of the date first
written above.
BEVERLY ZIMMERN, Mayor
Administrator
By:
WITNESS:
(SEAL)
ATTEST:
CITY OF MIAMI BEACH, FLORIDA
Governmental Unit
By:
City Clerk
Approved as to form and
sufficiency:
By:
City Attorney
By:
Mayor
U.S. BANK NATIONAL ASSOCIATION,
Trustee
By:
FIRST SUPPLEMENTAL LOAN AGREEMENT
The Financial Advisor is in receipt of the foregoing instrument and it is our opinion the
amendments contemplated thereto do not adversely affect the interest of the bondholders. In
providing such an opinion, we are relying upon the consent of the Credit Facility Issuer to such
amendments.
IN WITNESS WHEREOF, the undersigned official of the Financial Advisor, being
duly authorized, has set his hand this the day of October, 201 1.
GOVERNMENT CREDIT CORPORATION
Financial Advisor
Its: President
STATE OF FLORIDA
COUNTY OF SANTA ROSA
I, , a Notary Public in and for the said County in the State
aforesaid, do hereby certify that Beverly Zimmern, personally known to me to be the same person
whose is Mayor of the City of Gulf Breeze, Florida, and Administrator of the City's Local
Government Loan Program Floating; Rate Demand Revenue Bonds, Series 1985E, subscribed to
the foregoing instrument, appeared before me this day in person and severally acknowledged that
he, being thereunto duly authorized, signed in the presence of two subscribing witnesses and
delivered the said instrument as the free and voluntary act of said City and as his own free and
voluntary act, for the uses and purposes therein set forth and took an oath.
Given under my hand and notarial seal this day of ,2011.
Notary Public
(SEAL)
My Commission Ends:
Personally Known or
Produced Identification
Type of Identification
Produced
Name:
Address:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
1, , a Notary Public in and for the said County in
the State aforesaid, do hereby certify that and
, personally known to me to be the same persons whose names
are, respectively as Mayor and Clerk of the City of Miami Beach, Florida, subscribed to the
foregoing instrument, appeared before me this day in person and severally acknowledged that they,
being thereunto duly authorized, signed, sealed with the seal of said City, and delivered the said
instrument as the free and voluntary act of said City and as their own free and voluntary act, for the
uses and purposes therein set forth and took an oath.
(SEAL)
Personally Known or
Produced Identification
Type of Identification
Produced
Notary Public
My Commission Ends:
Name:
Address:
STATE OF FLORIDA
COUNTY OF ORANGE
I, , a Notary Public in and for the said County in
the State aforesaid, do hereby certify that , personally known to me to
be the of U.S. Bank National Association, subscribed to the foregoing
instrument, appeared before me this day in person and severally acknowledged that they, being
thereunto duly authorized, signed, sealed with the seal of said Bank, and delivered the said
instrument as the free and voluntary act of said Bank and as their own free and voluntary act, for
the uses and purposes therein set forth and took an oath.
(SEAL)
Personally Known or
Produced Identification
Type of Identification
Produced
Notary Public
My Commission Ends:
Name:
Address:
STATE OF VERMONT
COUNTY OF
1, , a Notary Public in and for the said County in
the State aforesaid, do hereby certify that Joseph K. Mooney, personally known to me to be the
President of Government Credit Corporation, subscribed to the foregoing instrument, appeared
before me this day in person and severally acknowledged that being duly authorized, signed and
delivered the said instrument as the free and voluntary act of said Corporation and as their own free
and voluntary act, for the uses and purposes therein set forth and took an oath.
Notary Public
(SEAL)
My Commission Ends:
Personally Known or
Produced Identification
Type of Identification
Produced
Name:
Address:
R7 - Resolutions
R7F A Resolution Accepting The Recommendation Of The City Manager, Pursuant To
Request For Qualifications (RFQ) No. 41-1011 1, For A Construction Manager At Risk
Firm To Provide Pre-Construction Services And Construction Phase Services Via A
Guaranteed Maximum Price (GMP) Amendment For The Par 3 Golf Course Project;
Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Firm Of
QGS Development, Inc.; And Should The Administration Not Be Able To Negotiate An
Agreement With The Top-Ranked Firm, Authorizing The Administration To Negotiate
With The Second-Ranked Firm Of The Weitz Company; 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, Ryangolf
Corporation.
(Capital Improvement ProjectslProcurement)
(Related to R9G)
(Memorandum to be Submitted in Supplemental)
1 Agenda Item E7
I
I Date tO-[q-//
THIS PAGE INTENTIONALLY LEFT BLANK
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, ~.rniamibea~hfl.~o~
OFFICE OF THE CITY CLERK, Robert Parcher, City Clerk
Tel: (305) 673-741 1, Fax: (305) 673-7254
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and
From: Jorge M. Gonzalez, City Manager
Date: October 19, 201 1
Subject: 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
Art in Public Places 7 City Commission 1 page 3
Capital Improvements Projects 9 City Commission 2 page7
Oversight Committee
Committee for Quality Education in 16 Commissioner Michael G6ngora 1 page 9
MB
Committee on the Homeless 9 Mayor Matti Herrera Bower 2 Page 11
I Agenda Item R 9A
We are cornmifled to providing excellent public service and safety to all who live, work and play in of Date IOe/Ql/
VACANCIES
BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE
Community Development Advisory 14 Commissioner Deede Weithorn 1 Page 12
Committee Commissioner Jonah M. Wolfson 1
Commissioner Michael Gdngora 1
Community Relations Board 17 Commissioner Jerry Libbin 1 Page 13
Jorge M. Gonzalez, City Manager 1
Convention Center Advisory Board 7 Commissioner Ed Tobin 1 Page 15
Design Review Board 7 City Commission 1 Page 17
Fine Arts Board 14 Commissioner Deede Weithorn 1 Page 19
Commissioner Jonah M. Wolfson 1
Commissioner Jorge Exposito 1
Golf Advisory Committee 12 Commissioner Jorge Exposito 1 Page 21
Hispanic Affairs Committee 7 Mayor Matti Herrera Bower 1 page 24
Housing Authority 5 Mayor Matti Herrera Bower 1 Page 26
Miami Beach Commission For 21 Commissioner Deede Weithorn 1 page29
Women Commissioner Ed Tobin 1
Commissioner Jerry Libbin 1
Commissioner Jonah M. Wolfson 1
Mayor Matti Herrera Bower 1
Miami Beach Cultural Arts Council 9 City Commission 1 page30
VACANCIES
BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE
Miami Beach Sister Cities Program 24 Mayor Matti Herrera Bower 6 page 32
Personnel Board 10 City Commission 1 Page 36
Single Family Residential Review 3 Jorge M. Gonzalez, City Manager 3 page 42
Panel
- -
Sustainability Committee 7 Commissioner Michael G6ngora 1 page 43
- *
Attached is breakdown by Commissioner or City Commission:
City Commission Commit tees
tomme First Name ted by
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-C hair 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
Chairperson Commissioner Edward L. Tobin Mayor Bower
Vice-Chair Commissioner Jerry Libbin Mayor Bower
Member Commissioner Deede Weithorn Mayor Bower
Alternate Commissioner Michael Gongora Mayor Bower
Liaison Barbara Hawayek, Building Depart
Friday, October 07, 201 1 Page 1 of 1
NON-CTIY COMMISSION COMMIllEES
Ricky Arriola Term ending May 201 4
Mitchell Kaplan Term ending September 20 1 2
Richard Milstein Term ending July 201 4
The Adrienne Arsht Center for the Performing Arts Center Trust
Mayor Matti Herrera Bower
Citizens Oversight Committee
Greater Miami Convention and Visitors Bureau
Tourism Development Council
Hilda Fernandez, Assistant City Manager
Miami-Dade County Homeless Trust Board
Commissioner Edward L. Tobin
Metropolitan Planning Organization
Vacant
Dade Cultural Alliance
Commissioner Deede Weithorn
Miami Dade League of Cities
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
FROM: Jorge M. Gonzalez, City Manager
DATE: October 19, 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. Art in Public Places
3. Capital Improvements Projects Oversight Committee
4. Design Review Board
5. Miami Beach Cultural Arts Council
6. Personnel Board
, Agenda Item K9A I
F:\CLER\$ALL\MARIA-M\B & C\Commission Memo B & C FOR 10-1 9-1 I .doc Date /0&[9-/1
939
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 Clark
Reynolds
To replace Dr.
Barry Ragone
To replace Ada
Llerandi
To replace Brian
Ehrlich
To replace Lianne
Pastoriza
To replace Robert
Saland
(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
(9) Res. Juris. Local Gvt 12/31/2011 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
(I 1) Rep. Essential Sew 12/31/2011 City Commission
(5) For Profit 12/31/2012 City Commission
Name Last Name Position/Title Term Ends: Appointed by:
. -- Term Limit:
- - -
pp*-~--PP-P--m-----
Wednesday, October 12,2011 Page I of 48
Board and Committees Current Members
Juan Rojas (2) BankinglMortgage 12/31/2012 City Commission 12/31/16
Michael Burnstine (7) Real Estate Prof. 12/31/2011 City Commission 12/31/13
Applicants PositionITitle Applicants PositionITitle
Amy Perry Andrew Fischer
Arian Adorno Charles Urstadt
Dr. Barry Ragone Karen Fryd
Marie Towers Mark Wohl
Roberto DaTorre
,----7P=- -
Wednesdny, October 2011 Page 2 of 48
Board and Committees Current Members
Art in Public Places Sec. 82-561
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) members to be appointed by a majority of the entire City Commission, and who shall
possess a high degree of competence in evaluation of art history and architectural history, art,
architecture, sculpture, painting, artistic structure design and other appropriate art media for display
or integration in public places.
City Liaison : Dennis Leyva
Vacancy:
To replace Flavia
Lowenstein
12/31/2011 City Commission
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Elizabeth Resnick
James Lloyd
Janda Wetherington
Lisette Olemberg
Goldstein
Megan Riley
Rhonda Mitrani-Buchman
1213112012 City Commission 12131112
1213112012 City Commission 12131116
12/31 1201 2 City Commission 12/31/16
1213112011 City Commission 12131114
12/31/2012 City Commission 12/31/16
12131 1201 1 City Commission 12131112
-- -- -
Applicants Position/Title Applicants Position/Title
Ana Cordero Anthony Japour
Brian Levin Claire Warren
Dale Stine Elizabeth Schwartz
Francis Trullenque Ilija Mosscrop
Larkin Menezes Leslie Tobin
Lisa Austin Lisa Austin
Maria Rodriguez Merri Mann
Mykel (Michael) Tulloch Pamela Palma
Robert Barrera Silvia Ros
Stella Gelsornino Wetherington Janda
Xavier Cortada Zoila Datorre
-- .%7a ---------
Wednesday, October 12,2011 Page 3 of 48
Board and Committees Current Members
Capital Improvements Projects Oversight Committee 2-1 90-1 27
Composition:
The Capital improvement projects oversight committee shall consist of nine (9) voting members, eight
(8) of whom shall be appointed by the city commission as a whole (at-large-appointees), and one (1)
member appointed by the Mayor or designee, and one (1) non-voting ex-officio member selected
from three nominees. The membership of the committee shall further be comprised as follows:
1. The mayor or his/her designee, who shall sit as a voting member of the committee, and shall also
serve as chair person of the committee;
2. At least two (2) members shall be selected with experience in one of the following technical fields:
a, engineering;
b. architecture and/or landscape architecture; or historic preservation;
3. At least two (2) members shall be selected with experience in one of the following technical fields:
a, construction/general contractor; or
b. developer;
4. Two (2) members shall be selected with experience in the following technical field and/or the
following category:
a. capital budgeting and/or finance; or
b. citizen-at-large; and
5. The remaining two (2) members shall be selected from any of the technical experience categories
set forth in subsections (2) or (3) above.
6. One (1) non-voting ex-officio member shall be either a member of the disabled community or a
person with special knowledge of Americans with Disiabilities Acts (ADA) issues in order to provide
accessibility-related input to the committee.
City Liaison: Fernando Vazquez
Vacancy:
To replace Fred (C3) Developer 12/31/2011 City Commission
Karlton
To replace Richard (C5) Engineer 12/31/2012 City Commission
(Rick) Kendle
Name Last Name Position/Title Term Ends: Appointed by:
- - - -
Term Limit:
--
Christina Cuervo (C5) Developer 12/31/2011 City Commission 12/31/13
Dwight Kraai (2) Engineer 12/31/2012 City Commission 12/31/13
Eleanor Camey (C4) At-large 12/31/2011 City Commission 12/31/15
Elizabeth Camargo (C2) Architect 12/31/2011 City Commission 12/31/13
Saul Gross (1) Mayor Designee 12/31/2011 Mayor Matti Herrera Bower 12/31 /I 5
Stacy Kilroy (C3) ConstlGen Contractor 12/31/2012 City Commission 12/31/13
Tony Trujillo (C4) Cap.BudglFinance 12/31/2012 City Commission 12/31 /I 6
(6) ex-otficio member -- -
Wednesday, October 12,2011 Page 7 of48 (Continued. ...
Board and Committees Current Members
Applicants - - - - - - - -- Position/Title
- - - - - - - - - - . . -. -- . -
Applicants Position/Title ---
Brian Ehrlich Christian Folland
Dominique Bailleul Gerhard Rima
lvette Isabel Borrello James Lloyd
Jason Green Josh Gimelstein
Michael Laas Rima Gerhard
P____I_l-,_MB-----&v-m--r--.--e -----
Wednesday, October 12,2011 Pnge 8 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 (I) 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 (I) 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 1213112012 City Commission 12131116
Gabrielle Redfern At-large TL 12/31/2011 12/31/2011 City Commission 12131 11 1
Jason Hagopian Registered Architect 12131 1201 1 City Commission 12/31/15
Lilia Medina Urban Planner 1213112012 City Commission 12131 11 5
Seraj Saba Landscape Architect 12/31 I201 1 City Commission 12/31/13
Thomas DeLuca Reg. Architect TL1213112011 12131 1201 1 City Commission 12131111
Gary Held advisory/City Attorney Designee
Richard Lorber advisory/Acting Planning Director
Vacant ex-officiolDisabilitv Access Committee
Applicants Position/Title Applicants Position/Title
-- --- -
Beth Dunlop Daniel Garcia
Elizabeth Camargo
Jane Gross
Gilbert Squires
Jessica Conn
Larkin Menezes Leonard Wien, Jr.
Leslie Tobin Pamela Palma
Ray Breslin Scott Needelman
P*
Wednesday, October 12,2011 pageZ1 7 of 48
Board and Committees Current Members
Miami Beach Cultural Arts Council Sec. 2-51
Composition:
Three (3) years term.
Vacancies submitted by slate of candidates provided by the council.
Eleven (11) members to be appointed at-large by a majority vote of the Mayor and City Commission.
Effective December 31, 2001, concurrent with the expiration of the terms of six (6) members of the
council, and the resulting vacancies thereon, three (3) members shall be appointed for three (3) year
terms each, provided that one of those appointments shall be to fill the vacancy of the one (1) year
term expiring on December 31,2001, and three (3) members shall be appointed for two (2) year
terms each. Additionally, effective December 31, 2002, no council member may serve more than six
(6) consecutive years.
City Liaison: Gary Farmer
Vacancy:
To replace
Solomon Genet
12/31/2013 City Commission
Members :
Name Last Name Position~Title Term Ends: Appointed by: Term Limit:
Beatrice Hornstein 12/31/2012 City Commission 12/31/15
Daniel Novela 12/31/2012 City Commission 12/31/15
Eda Valero-Figueira 12/31/2011 City Commission 12/31 /I 4
Gregory Melvin 12/31/2011 City Commission 12/31/15
lleana Bravo-Gordon TL 12/31/2011 12/31/2012 City Commission 1213111 I
lsadore Havenick 12/31/2013 City Commission 12/31/13
Israel Sands TL 12/31/2011 12/31/2013 Ciy Commission 12/31/11
Marjorie O'Neill-Butler 12/31/2012 City Commission 12/31/15
Nina Duval 12/31/2013 City Commission 12/31/13
Zoila Datorre 12/31/2011 City Commission 12/31/14
Applicants
Brian Levin
Darin Feldman
Janda Wetherington
Kumar Prakash
Monica Minagorri
Patti Hernandez
Robert Barrera
Tamra Sheffman
PositionITitle Applicants PositionRitle
Calvin Kohli
Eugenio Cabreja
Jonathan Parker
Monica Harvey
Nathaniel Korn
Paul Venette
Robert Newman
Wetherington Janda
-- p~--w-.w*-.*--..------T----
Wednesday, October 12,2011 Page 30 of 48
Board and Committees Current Members
Personnel Board
-- -
Sec. 2-190.66
Composition:
Ten (10) members appointed by a 517 vote.
Six (6) of which shall1 be citizens of Miami Beach not in the employment of the city, each having a
different vocation;
and three (3) regular employees of the City of Miami Beach, to be elected by the probationary and
regular employees of the city and who shall be elected from the ernployees of regular status in the
respective groups:
Group I shall consist of the ernployees of the Police Department, Fire Department
and Beach Patrol Department,
Group I1 shall consist of employees who are in clerical and executive positions,
Group I11 shall consist of all other employees,
The Personnel Director is a non-voting member.
City Liaison: Ramiro Inguanzo
Vacancy:
To replace Barbara
Patchen
12/31/2011 City Commission
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
David Alschuler
Gabriel Paez
Michael Perlmutter
Mojdeh Khaghan
Rosalie Pincus
Christopher Diaz elected 07/20/2011 exp. 7/31/2014- Group I
Evette Phillips elected 06/26/2009 exp. 7/31/2012 Group 111
George Castell elected 07/23/2010 exp. 7/31/2013 Group I1
Ramiro Inauanzo Human Resources Director
12/31/2012 City Commission 12/31/12
12/31/2012 City Commission 12/31/15
12/31/2011 City Commission 12/31/12
12/31/2012 City Commission 12/31/16
12/31/2011 City Commission 12/31/15
Applicants Position/Title Applicants Position/Title
Brent Coetzee Bryan Rosenfeld
Carlos Condarco Darius Asly
Elsa Orlandini Gail Harris
Raquel Elejabarrieta Richard Preira
- "PP-
Wednesday, October 12,2011 Page 36 of 48
THIS PAGE INTENTIONALLY LEFT BLANK
G? - MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO : Jorge M. Gonzalez, City Manager
Robert Parcher, City Clerk
FROM: Jorge R. Exposito, Commissioner
DATE: September 22,2011
SUBJECT: Nomination for the Capital lmprovement Oversight Committee
I would like to nominate Brian Ehrlich to the Capital lmprovement Oversight Committee for the
(C3) Developer chair.
We trust that you will find all in good order. Should you have any questions, please feel free to
contact my aide, Barbie Paredes at 6457.
Best regards,
We are committed lo providing excellent public service and safety io all who live, work, and play in our vibrd 1 Agenda Item R 9 4 2
Date [o*[Q - 11
THIS PAGE INTENTIONALLY LEFT BLANK
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Matti Herrera Bower, Mayor
DATE: October 11,201 1
SUBJECT: Boards& Comnlittees: appointment of a inember to the Housing A~lthority
Please place on the Oct. 19,201 1 Commission meeting agenda my appointment of Peter Chevalier
for Commissioner to the Housing Authority. His resume 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 61 57.
Thank you.
We are cornmilied lo providing excellen/ public service and sofey lo all ~ho live, work, and ploy In 4
Agenda Item R4A3
Date lo-lq-i (
CHEVALIER LLC
Architecture &Construction Mgt.
Friday, June 17,2011
Mayor Matti Herrera Bower
Office of the Mayor & Commission, 4th Floor
1700 Convention Center Drive
Miami Beach, Ft 33139
Email: mattiCmiamibeachfl.~ov
Re: Appointment to Housing Authority Commission
Dear Mayor Bower:
Due to the unfortunate passing away of Leonard Turkel, I have submitted my application for appointment to the
Mousing Authority Commission. I had already intended to do this when the term limit for this position would have
been reached in October of this year.
I feel confident that my experience as a board member of the Design Review Board and on construction management
assignments in Miami Beach would enhance my abil[ty to contribute to this position. I am hopeful that my past
commitment to the DRB has demonstrated the qualities that one would desire in a candidate and gain the support of
your office as well as that of the Housing Authority's Staff.
Please find enclosed a copy of the application that I have submitted to the Office of the Clerk as well as a copy of my
resume.
I would be delighted to come to your office to meet with you and discuss this in more detail if that would help you
with your decision.
Peter A. Chevalier
Chevalier LLC
145 Jefferson Avenue, #411
Miami Beach, FL 33139
T. 786.556.4569
F. 786.752.3258
E. pchevalier@chevllc.com
CHEVALIER LLC
Architecture - Construction Mgt
PETER A. CHEVALIER, MGMR
FIELDS OF SPECIALIZATION
Architectural Design & Planning
Historic Rehabilitation/Adaptive Reuse
Construction Mgt./Owner Representation
EDUCATION
Syracuse University, ~lorence, ltaly
Syracuse University, Syracuse, New York
REGISTRATIONS
Florida
New York
AI A
CERTIFICATIONS
SBA SMALL EMERGING BUSINESS
SBA HUBZONE FIRM
MIAMI DADE COUNTY CBE/A&E (Tech. Cert.)
LEED Green Associate
Masters of Architecture (M. Arch 11) 1991
Bachelor of Architecture 1988
01/25/2011
CBE App. Pending
2011
NAlCS SERVICE CODES
541310 Architectural Sewices
236116 Construction Management, Multifamily Building
236220 Construction Management, Commercial & Institutional Building
EXPERIENCE
Chevalier Ilc was formed in Florida in early 2003 to deliver professional architectural services and strong
construction management on behalf of its clients. Prior to 2003, Mr. Chevalier practiced architecture for ten
years in Italy working in collaboration with Ricci - Spaini Architects in Rome & Florence, Italy. During this
period, projects for international clients requiring strong project management skills were successfully
completed in Italy, Albania, Kosovo and Egypt. Mr. Chevalier was a member of the design-build project team
for the New USAID Headquarters in Cairo, Egypt, in collaboration with ABB SUSA and SOM, NY.
Over the course of the eight years that Chevalier LLC has resided in Miami Beach, Mr. Chevalier has sewed on
the Miami Beach Design Review Board for the maximum term of six years. Mr. Chevalier served as the DRB
Chair for two years. Mr. Chevalier is currently a board member of the March Of Dimes, South Florida Chapter
and the Miami Beach Community Church.
Chevalier LLC
145 Jefferson Avenue, #411
Miami Beach, FL 33139
T. 786.556.4569
F. 786.752.3258
E. pchevalier@chevllc.com
CHEVALIER LLC
Architecture - Construction Mgt
Chevalier LLC has successfully delivered Architecture & Construction Management services on projects in
South Florida including:
Burg Residence, Miami Beach, FL (Arch. - CM)
111 Sunrise Avenue, Coral Gables, FL (Arch. - CM)
Terrazas River Park Village, Miami, FL (CM)
South Of Fifth Residences, Miami Beach, FL (CM)
Canyon Ranch - Carillon Phase I, Miami Beach, FL (CM)
Absolute Bay Lofts, Miami, FL (CM)
Broadspan Capital Offices, Miami FL (Arch. - CM)
Atlas One Capital Offices, Miami, FL (Arch.)
McDonagh Residence, Miami Beach, FL (Arch. - CM)
SKILLS & INTERESTS
Software: AutocadIRevit, MS Word, Excel & Project, Prolog Manager - Website
Languages: English (Mother tongue) Italian fluent, Spanish basic, Creole (beginner)
Sports: Boxing & Golf
MIAMIBEACH CITY OF MIAMI BEACH
BOARD AND COMMITTEE APPLICATION FORM
NAME: -
HOME ADD
PHONE: - -
Home Work Fax I Emdl address
Bushes Name: C h~d:~ uL '~osltion: A)r& k CL
.- I/
C t)W&Lt t;- ym-
First Name
Pr
Last Name Middle Initial
IRESS: Y1 \
Apt No.
I d~ 3eCLm ~z/e Ib(;& U R 33GC
House Na./Street State Up Code
396 -556 -~Sg9 /ocht\/akev wh~ lk,
V <I Address:
No. Street cb' State Zip Code
dA19
Professional License (desdbe) - E~P~BB: Lu I 2 ~ttech a copy of the ken-
Pursuant to City Code section 2-22(4) a and b: Members of agencies, boards, and committees shall be affiliated with the city; this
requirement shall be fultillad in the following ways: a) an individual shall have been a resident of the city for a minimum of SIX
months; orb) an individual shall demonstrate ownershiphnterest for a minimum &six months in a business established In !he city. . Reridenf of Miami Beach for a rnmWmum of six (6) months: or No 0
r Demonstrate an ownership/interest in a business in Miami Beach for a minimum of six (6) months: yes$ or No O
Are you a registered voter in Miami Beach: ~es@r No Cl
(Please && one): I am now a resident of: North Beach South Beach Middle Beach
I am applying for an appointment because I have special abilities, knowledge and experience. Please list below:
m Are yw presently a registered lobbyist with the City of Miami Be&? Yes U or No
Please ilst your preferences in order of ranking [I] flmt choice [21 second choice, and p] third choice. Please note that onlv three (3
aolces dlf be observed bv the Cltv Clerk's a8fce, (Regular Boards of COty)
Hispanic Affairs Committee I
D Historic Preservation Board I
~firdabte Musing Advisoty Committee U Marine Authority
Q Art in Pubik Ptem Cwnmb Q Miami Beach Commission for Women
0 Beautiftcation Committee 0 Miami Beach Cultural Arts Coundl
R Capital Improvements Prdects Oversight Committee 13 Normandy Shwes Local Government Neigh. tmmement
O Commitbee on the Homeless O Parks and Recreation Facilities Board
Housing Authority
Loan Review'Comrnittee I *Board Required to File State Disclosure Fom
13 Committee for Quality Education in MB
D Community Development Advisory 9
0 Convention Center Advismy Board
-.--
Note: If applying for Youth Advisory Board, please indicate your affiliation with the Scott Rakow Youth Center:
CI Personnel Board
D Planning Boardw
D Police Citizens Reiations Chmmittee
Production Indusby Coundl
1. Past service on the Youth Center Advisory Board: Yes 0 No 5 Years of Service:
2. Present participation in Youth Center activities-by your children Yes0 No 0. if yes, please list the names of your children, their
ages, and which programs. List beiow:
Chitd's name: Age: Program:
Child's name: Age: Program: I
D Debarment Committee 1 01 Pubac Safety Advisory Committee
O Design Review Board+ 1 U SaW CommMee
F:\CLER\$AU\aFORMS\BOARD AND COMMllTEES\BC Appiicotion.doc
'a trisabiiik Access ~omrnlttee
Fine Arts Board
Gay, Lesbian, Bisexual and Transgander (GLBT) _ U ~df ~dvisory Committee:
13 Health Advisory Committee
a Health Facilities Authority Board
D Sincrk Family Residantiaf Review Panel
D Sustainability Cornmmge
0 Transportation and Parking Cammittee
O Visitor and Convention Authority
Waterfrant Protection Committee -
0 Youth Center Advisory Board
.Have you ever been convicted of a felony Yes 0 or No If yes, please explain in detail: $ . Do you currently have a viotation(s) of City of Miami'Beach codes: Yes 0 or No If yes, please explain in detail: >d
Do you currently owe the City of Miami Beach any money: Yea 0 or No If yes, explain in detail x . ...
Are you currently serving on any City Boards or Committees: Yes 0 or No If yes; which board? %
a What organizations in mi Beach do you currently hold membership in?
Name:
.
Tiis: tll2&,
Name: Tile: . List all properties wned or have an interest in, which are located wiein
I'f5 3&5M 3 4kl
I am now employed by the City of Miami Beach: Yes 0 or'N Which department?
- P
a Pursuant to Clty Code Section 2-25 (b): Po you have a parento, spouse a, chikl 0, brother 0, or sister U who is emuloyed by the .. .
City of Miami ~each? Check afl that app6. JdenNfy the depa&ent(s): '
The following information is voluntary and Is neither part of your epplicatlon nor has any bearing on your consldetratlon for appointment. It is
bdng eaked to comply with f&ral equal opportunity wporting requirements.
Female
hn16 Ortgin: Check one only (1)
White (Not of Hispanic Orbin): All persons having orlgirw in any of the original peoples of Europe, Norm Africa .or the Wdle East
If n African-Americaflleck (Not of HIspanlc Origin): All persons havtng origins In any of the Black reclal gmups of Africa. I [ [3 Hispanic: All persons of Mexican, PuertD Rim, Cuban, Central or South American, or other Spanish cubre w. origin, regerdless of mce. I
&fan or Paciflc blander; AU persons having origins in any of the orlginal peoplss of the Far East. Southeast Asla, the indlan Subcontinent, on I the Wh Wanda. Thk an= inchdes, br example, China. India, Japan. Korea. the Philippine lUM.and Smn I
Amerlm Indian or hiasken Natlw: All penrons Wng orlglns In any of the origtnaf peoples of North America, and who rnaintatn
Cultural id&cation through tribal affniation or community recognition.
1 Physically Challenged: Yes U or NoO. 1 -
Empiloyment Status: ~mployeg Retired Homemaker 0 Other O
NOTE: If appointed, YO; wlIt be mqulred ta fallow certain laws which apply to city boardcommU members.
These laws Include, but are not limited to, the fdlowlng:
o Pmhibttion from directly or indirectly lobbying city personnel (Miami Beach City Code section 2459).
o Prohibition from contracting with the dty (hBiamCDade County Code section 2-1 1.1),
o Pmhibftion from lobbying before board/committea you have served on for period of one year affer leaving office (Miami
Beach City Code saction 2-26).
o Requirement to disclose certain financial interests and gifts (MiamdDade County Code section 2-1 1.1).
(re: CMB Community Development Advisory Committee): prohibition, during tenure and for one year after leaving office,
from having any interest in or receiving any benefit from Community Developmnt Biock Grant funds for either yourself,
or those with whom you have business or immediate family ties (CFR 570.61 1).
Upon request, copies of these laws may be obtained from the Clty Clerk.
of the application and have received, read and will abide by Chapter 2,
DRlcets, Employees and Agency Members."
PEEL 4 C HEUCSL
A~pllcant's Signature Name of Applicant (PLEASE PRINT)
4
Received in the City Cierk's Office by : Date: I a010 Control No. Date: -1 RD1Q
Name of Deputy Cbrk
- -
Board and Committees Current Members
Housing Authority Reso 7031. 421.05
FS
Composition:
Four year appointment,
flve (5) members, appointed by the Mayor.
Appointments must be confinned by the City Commission.
At least one (1) member who shall be a resident who is current In rent in a housing project or a
person of tow or very low Income who resides within the housing authority's jurisdiction and is
receiving rent subsidy through a program administered by the authority or public housing agency that
has jurisdiction for the same locality served by the housing authority, which member shall be
appointed at the time a vacancy exlsts.
City Liaison: Anna Parekh
Members:
Name Last Name PositiontTitle Term Ends: Appointed by: Tern Limit:
" --------- -... ------- -.
Emilio DeJesus Fernandez HA Commissioner 1011 112013 Mayor Mattl Herrera Bower 1011 1/17
Eugenlo Cabreja Tenant Commissioner 1011112012 Mayor Maffl Herrere Bower 1011 1/18
Leonard Turkel HA Comm TL 12/2011 1011 ID01 1 Mayor David Dem 10111111
Michael Band HA Commissioner 1011112013 Mayor Maffl Herera Bower 10111110
Ravmond Adrlan HA Commissioner 1011 112014 Mayor Matti Herrera Bower 1011 1118
Applicants PositionQItle -.."-- Applicants - Positioflitle
7--
-7
Allan Hall Christian Folland
Prakash Kumar Rafael Velasquez
' ,-,,. ' .r;.;...nm ~ ,..,,a~,-.*~.,-....-,-m" ~,-~.-.~,,,~,.-..~,,~m,.-.--~ :,," r8*....a. '" *.....,.,.,-.." ,..,.,z~-*-Mu.,*---z=: *r.-... 2-...**f*.~.~r~.,.*~~~->.-~.~~:d~?,1C"~~..
Tuesday, Maj* 24,2011 Page 25 of 47
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R9 - New Business and Commission Requests
R9B 1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.)
R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.)
AGENDA ITEM: R9B1-2
DATE: 10-1 9- 1.1
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Ed Tobin, Vice-Mayor
CC: Robert Parcher
DATE: September 1,201 1 -. . -: .. .,
SUBJECT: Agenda Item for September 14'~ City Commission Meeting.
Please place on the September 14'~ Commission Agenda an item to discuss the renovation
of the Flamingo Park youth softball (and soccer) field restroorn/Flarningo park Master Plan.
If you have any questions please contact my Aide, Dessiree Kane, extension 6274
Thank you.
We are cummined to provldiw excelled puMic senice and sore?. b oll who live, m~k, and ploy in our \1
/ Agenda Item R qC
I Date \~-lq-~
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i MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge Gonzalez, City Manager
Jose Smith, City Attorney
FROM: Deede Weithorn, Commissioner
! DATE: September 27, 20 1 1
SUBJECT: Agenda ltem for October 19 Commission Meeting I
I - -
I I would like to request an ordinance which docking on city owned
I property, specifically seawalls.
Thank you
We vre comrnihed to ,ruoi!tdmg escellenl sewtce ond svlely In all wllo live, work, u11d play In our/
' Agenda ltem Rq J)
I) Date lO~[9'-/1.
963
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge Gonzalez, City Manager
Jose Smith, City Attorney
FROM: Deede Weithorn, Commissioner
DATE: September 29, 201 1
SUBJECT: Agenda Item for October 1 9 Commission Meeting
I would like to request a resolution adding LGBT issues as a non-priority issue on the
City's Tallahassee Lobbying agenda.
Thank you.
D W/a ks
\We ore cn~mnitied b povidir~g e,\cc//ent puhic service und safety 10 u// w/~o Cw, work, o,,d I~/a), in our j
Agenda Item R 9 E
Date IO-[q-I 1
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Ed Tobin, Commissioner
DATE: October 12, 201 1
SUBJECT: Agenda ltem for October 1 gth City Commission Meeting
- c
Please place on the October 19th, 201 1 Commission Meeting Agenda a discussion
regarding Police Chief Recruitment.
If you have any questions please contact, Dessiree Kane at Extension 6274
1 , Agenda ltem R4 F
We ore comm~~ed to provrd~rlg excellent publlc servrce and sofey fo oil who Ilve, work, ood ploy m od
Date 10-[Y-l/
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R9 - New Business and Commission Requests
R9G Discussion On A Settlement Agreement With The Bayshore Homeowners Association
Concerning The Par 3.
(City Attorney's Off ice)
(Related to R7F)
(Memorandum to be Submitted in Supplemental)
, Agenda Item
Date 10-/%1/
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
TO : Jorge M. Gonzalez, City Manager
Robert Parcher, City Clerk
FROM: Jorge R. Exposito, Commissioner
DATE: October 10,2011
SUBJECT: Agenda item: Resident Energy Efficiency Program
MEMORANDUM
Please place a discussion item on the October 19,2011 Commission Meeting agenda regarding
Resident Energy Efficiency Program (see attached article) to have City Administration to look
into and report back via Finance &Citywide Projects Committee or Sustainability Committees
the feasibility of the City of Miami Beach Participating in a program that will invest $550 million
dollars in South Florida to provide cities with low interest financing to help property owners
make upgrades and improvements to their homes for the purpose of reducing power bills.
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 comrnrtted to provrdrng excellent publrc servrce and sobfy to 011 who Ilve, work, orld ploy rn our vrbt
I Agenda Item R?H
Date 10-19-11
Program will help homeowners pay for energy efficiency - 10/08/2011 1 MiamiHerald.com Page 1 of 4
Posted on Sat, Oct. 08, 201 1
Program will help homeowners pay for energy efficiency
BY PERRY STEIN
pstein@MiamiHerald.com
It's no secret that owners of homes and businesses can save money on electricity by
installing new windows, more efficient air conditioners, and other household improvements.
The trouble is coming up with the cash.
But a new partnership between a national consortium of five private businesses and six
South Florida cities promises to offer low-interest financing to help property owners make
these upgrades, provided that the improvements will pay for themselves in reduced power
bills.
The consortium, set up by British music and airline tycoon Sir Richard Branson, will invest
$550 million in South Florida, which will be the first of two U.S. markets for the venture. The
consortium says its investment will cut energy bills and produce thousands of jobs, as
workers will be needed to install the upgrades.
The cities - Cutler Bay, Palmetto Bay, Pinecrest, South Miami, Coral Gables and the city of
Miami - are starting to sign deals with the consortium now, and the first upgrade projects
could start in early 201 2.
"This is a very bold program," said Cutler Bay Mayor Ed MacDougall, whose town is taking
the lead on the project. "We're reducing the amount of energy we consume and someone
has to start somewhere. This is an opportunity where municipalities can ban together for a
common cause."
The five companies include Barclay, the largest U.K.-based bank; defense and technology
conglomerate Lockheed Martin; energy finance start-up firm Ygrene; Energi Insurance
Services; and Germany's Hannover Re, which is also the third largest reinsurance firm in the
world. Carbon War Room, a nonprofit group started by Branson, who is best known for
founding Virgin Records and Virgin Airways, came up with the idea and brought the other
players to the table.
Here's how the program will work:
First, at the request of a property owner, Ygrene sends a specialist to perform an "energy
audit" of the property, evaluating what improvements are needed and how much money
could be saved if these upgrades are made. If the cost of the upgrades up to a 20-year
period is less than the energy savings, then the property is eligible for the program.
Next, the customer agrees to the financing arrangement, whereby they will repay the money
each year as a surcharge on their local tax bill.
Program will help homeowners pay for energy efficiency - 10/08/2011 1 MiamiHerald.com Page 2 of 4
Then, local contractors will install the upgrades. Lockheed Martin will compete to be the
contractor in some of the larger commercial projects.
Finally, Ygrene pays the contractor and the property owner begins repaying the debt.
"The idea is to use businesses and markets to address climate change," said Murat
Armbruster, senior advisor for the Carbon War Room. "We realized that any one company
trying to address this problem doesn't have the full ability to address the problem."
The companies bring their financial resources and special expertise while the cities ensure
the debts are repaid by collecting them as a surcharge on the property owner's tax bill rather
than an ordinary loan payment. If the property is sold, the lien stays with the property and is
passed on to the next owner.
Miami-Dade is the big start-up area for Carbon War Room's project. The same consortium
will be operating concurrently in Sacramento with $1 00 million. If successful, the consortium
could expand to other cities throughout the nation and in South Florida, including Broward
County.
The project relies on some novel arrangements between the companies and cities, which are
made possible under a 201 0 state law called the Property Assessed Clean Energy Act, or
PACE. It allows local municipalities to finance energy upgrades through property
assessments.
Of the six participating cities, Cutler Bay and South Miami have officially signed on; the
others are expected to follow suit in coming weeks.
Cutler Bay's Mayor MacDougall said that his town was looking to get involved with a PACE
program and sent out a request for proposals of interested parties looking to work with them.
Ygrene responded and Cutler Bay staff helped assemble the first cities in the Green Corridor
District based on what made geographical and economic sense.
The cities will sign agreements with one another and form the Green Corridor District, a
separate legal entity that, under the PACE law, allows them to work together to finance these
energy-efficient projects. Each city will have one representative sit on the Green Corridor
board, and would act as a check on the consortium to ensure that Ygrene is administrating
the program effectively. Chad Friedman, a lawyer with the law firm Weiss Serota Helfman
Pastoriza Cole & Boniske, which represents many municipalities in the area, will serve as the
district's attorney.
Cities have used special assessment districts in the past to pay for community improvements
like street lights, not individual projects opted into by property owners.
By law, residential properties can only spend 10 percent of their home's market value on
energy upgrades through PACE financing. The average home value in the Green Corridor
district is about $238,000, which means the average homeowner can spend a maximum of
$23,800 on upgrades like solar panels, hurricane windows and new hot water heaters.
For commercial properties, contractors will offer a warranty to ensure that the owners
actually see the expected savings in their utility bills. Energi, an insurance underwriter, will
Program will help homeowners pay for energy efficiency - 10/08/2011 1 MiamiHerald.com Page 3 of 4
back that warranty and Hannover Re would then back those insurance contracts.
"If you are going to borrow money, ours will be the cheapest by far, period," said Dan
Schaefer, president of Ygrene Energy Fund, adding that the interest rates would typically
hover around 6 to 7 percent. "It just depends on the market."
Mortgage finance agencies Fannie Mae and Freddie Mac, however, have concerns about
the PACE legislation, which has been passed in 27 states. The two big mortgage backers -
which guarantee half the nation's $1 1 trillion in mortgages - are unhappy about the tax-like
legal status of the consortium's loans. The reason: in the event the borrower defaults, taxing
authorities get paid before the mortgage holder.
Until disputes with Fannie and Freddie are settled, Branson's Carbon War Room has said its
consortium will only focus on retrofitting commercial properties.
Ygrene, however, has said it would finance residential projects, promising to cover costs of
any future legal issues.
The Fannie Mae dispute is one of the reasons the consortium is starting its work in Florida
and California. In these states, Schaefer said, there are strong PACE laws which say that
property owners only have to notify their lenders, not get approval, if they want to finance
through PACE.
Controversy aside, environmental groups and advocates have lauded the consortium as a
game-changer that would alleviate a reliance on federal dollars for expensive energy efficient
projects and would bring much needed jobs to the area.
Susan Glickman, a consultant for the Natural Resources Defense Council, said that
renewable energy creates more jobs than any other source of energy.
For every $4 million in PACE spending, $1 0 million dollars flows through the economy and
60 new jobs are created, according to an April 201 1 study by ECONorthwest. Based on
these projections, Branson's consortium would pump more than $1 billion into the economy
and create more than 8,000 jobs.
"It's a brilliant model," Glickman said. Efficient energy "is very local and will put the very
people to work in Florida who have been laid off due to the poor economy and lack of
construction ."
Ygrene Energy will also open an energy center in Miami-Dade that would operate the Green
Corridor program. The building would be equipped with an educational center where people
can host events, talk and learn about renewable energy. As the consortium expands, Ygrene
hopes to open additional energy centers.
"It will be a place where you can come and learn about this because I don't think anyone
wakes up and says 'jeez I want to retrofit my property today,"' Schaefer said.
O 201 1 Miami Herald Media Company. All Rights Reserved.
J$po:T 1; y;; Z:$S
OFFICE OF THE MAYOR AND COMMISSI MEMORANDUM
:,
r, , .- . .
TO: Jorge Gonzalez, City ATbXGer
FROM: Jerry Libbin, Commissioner
DATE: October 10, 201 1
SUBJECT: Agenda item for the October 19th) 201 1 Commission Meeting; smoke-free
beach
Please place on the October 1 9'h Commission Agenda an item to approve the establishment
of ashtrays on the beach to create designated smoking areas per the motion approved at the
most recent Neighborhood/Community Affairs Committee meeting; and to give direction to
the administration to bring back proposed implementation mechanism and costs to our
December Commission meeting.
Please contact my office at ext. 71 06 if you have any questions.
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge Gonzalez, City Manager
FROM: Michael Gongora, Commissioner
P
DATE: October 10, 201 1
SUBJECT: Agenda Item for October 19 Commission Meeting
Please place on the October 19 Commission meeting agenda a discussion on the issue
of the fact that the Sustainability Committee has passed several resolutions that were in
favor of establishing new recycling bins throughout the ROW on the beach, but funding
continues to be an issue. Alternatively, please refer this matter to the Finance
Committee for a discussion on funding. If you have any questions please feel free to
contact my aide Diana Fontani at ext 6087.
Agenda Item RqT
Date /ow/Q-[(
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Ed Tobin, Commissioner
DATE: October 12,201 1
SUBJECT: Agenda ltem for October lgth city Commission Meeting
Please place on the October 19th, 2011 Commission Meeting Agenda a discussion
regarding the Ameresco water project.
If you have any questions please contact, Dessiree Kane at Extension 6274
We are cornm~ffed to providrrlg excelient public servrce and safety b all who Irvo work ond play in our Agenda ltem R91(
Date b19-f/
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Ed Tobin, Commissioner
DATE: October 12,201 1
SUBJECT: Agenda ltem for October lgth city Commission Meeting
Please place on the October 19th, 2011 Commission Meeting Agenda a discussion
regarding the closing of Publix at 6876 Collins Avenue.
If you have any questions please contact, Dessiree Kane at Extension 6274
I 1 Agenda ltem 69~ We are cornmined to providing excellent public service and sofefy to all wllo live, work, and ploy In ouo I
i Date loel 94.
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MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower
Members of the City Commission
City Manager Jorge Gonzalez
FROM: City Attorney Jose bh
DATE: October 19,201 1
SUBJECT: Attorney Client Session
-
Pursuant to s286.011, Florida Statutes, the City Attorney hereby advises the
Mayor and City Commission that he desires advice concerning the following
pending litigation matter:
Museum Walk Apartments v. City of Miami Beach, Eleventh Judicial Circuit
of Florida, Appellate Jurisdiction, Case Nos. 11-058-061; 068-074; 076-084;
086-087; and 1 1 5-1 24
Therefore, a private closed Attorney-Client Session will be held during the lunch
recess of the City Commission meeting on October 19, 2011 in the City
Manager's Large Conference Room, Fourth Floor, City Hall, to discuss
settlement negotiations and/or litigation strategy with regard to the above-
referenced litigation matters.
The following individuals will be in attendance: Mayor Matti Herrera Bower;
Members of the City Commission: Vice Mayor Edward Tobin, Jorge Exposito,
Michael Gongora, Jerry Libbin, Deede Weithorn and Jonah Wolfson; City
Attorney Jose Smith, City Manager Jorge Gonzalez, First Assistant City Attorney
Rhonda Montoya Hasan, First Assistant City Attorney Steven Rothstein and
Senior Assistant City Attorney Aleksandr Boksner.
Agenda Item RIO A
I
Date IO-I9-//
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Reports and Informational Items
(see LTC #255-2011)
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REDEVELOPMENT AGENCY SUMMARY
Condensed Title:
A Resolution Authorizing Executive Director, Or His Designee To Select, Negotiate, Award And Reject All
Bids, Contracts, Agreements, Purchase Orders, Change Orders And Grant Applications; Renew Existing
Contracts Which May Expire, And Terminate Existing Contracts As Needed From The Last City RDA
Meeting On October 19,201 1, Until The First Regularly Scheduled RDA Meeting On December 14,201 1,
Subject To Ratification By The RDA At Its First Regularly Scheduled Meeting On December 14,201 1.
Key lntended Outcome Supported:
August Recess Authorization Supports All City Key lntended Outcomes.
Supporting Data (Surveys, Environmental Scan, etc.): NIA
Issue:
Whether to Adopt the Resolution?
Item SummarylRecommendation:
I I
Between the last meeting on October 19,201 1, and the first regularly scheduled meeting on December 14,
201 1, the RDA will not be in session. During this period there may be bids or contracts in excess of the
$25,000, which may need to be rejected, awarded or terminated.
Based on the above, it is requested, that the Executive Director, or his designee, be authorized to sign all
contracts, agreements, purchase orders, change orders, and grant applications; renew any existing
contracts, for an appropriate period of time; terminate existing contracts, as needed, from the last RDA
meeting on October 19, 201 1, until the first regularly scheduled RDA meeting on December 14, 201 1,
subject to ratification by the RDA at its first regularly scheduled meeting on December 14, 201 1. I ADOPT THE RESOLUTION.
Advisory Board Recommendation:
City Clerk's Office Legislative Tracking: I Gus Lopez, ext. 6641
,Financial Information:
Source of
Funds:
Account
I
Amount
Q MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov
REDEVELOPMENT AGENCY MEMORANDUM
TO: Chairperson and Members of the Miami Beach Redevelopment Agency
FROM: Jorge M. Gonzalez, Executive Director
DATE: October 19, 201 1
SUBJECT: A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY (RDA), AUTHORIZING THE EXECUTIVE
DIRECTOR, OR HIS DESIGNEE, TO SELECT, NEGOTIATE, AWARD AND
REJECT ALL BIDS, CONTRACTS, AGREEMENTS, PURCHASE ORDERS,
CHANGE ORDERS AND GRANT APPLICATIONS; RENEW EXISTING
CONTRACTS WHICH MAY EXPIRE; AND TERMINATE EXISTING
CONTRACTS, AS NEEDED, FROM THE LAST RDA MEETING ON OCTOBER
19, 2011, UNTIL THE FIRST REGULARLY SCHEDULED RDA MEETING ON
DECEMBER 14, 2011, SUBJECT TO RATIFICATION BY THE RDA AT ITS
FIRST REGULARLY SCHEDULED MEETING ON DECEMBER 14,2011.
RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Between the last meeting on October 19, 201 1, and the first regularly scheduled meeting on
December 14, 201 1, the RDA will not be in session. During this period there may be bids or
contracts in excess of the $25,000, which may need to be rejected, awarded or terminated.
Based on the above, it is requested, that the Executive Director, or his designee, be
authorized to sign all contracts, agreements, purchase orders, change orders, and grant
applications; renew any existing contracts, for an appropriate period of time; terminate
existing contracts, as needed, from the last RDA meeting on October 19, 201 1, until the first
regularly scheduled RDA meeting on December 14, 201 1, subject to ratification by the RDA
at its first regularly scheduled meeting on December 14, 201 1.
Since this authorization is necessary to ensure that essential services and projects continue
during the period between the last RDA meeting on October 19, 201 1, until the first regularly
scheduled RDA meeting on December 14,201 1, it is recommended that the RDA adopt this
Resolution.
T:\AGENDA\201 1\10-19-1 l\November Recess Memo RDA.doc
RESOLUTION NO.
A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH
REDEVELOPMENT AGENCY (RDA), FLORIDA, AUTHORIZING THE EXECUTIVE
DIRECTOR, OR HIS DESIGNEE, TO SELECT, NEGOTIATE, AWARD AND REJECT ALL
BIDS, CONTRACTS, AGREEMENTS, PURCHASE ORDERS, CHANGE ORDERS AND
GRANT APPLICATIONS; RENEW EXISTING CONTRACTS WHICH MAY EXPIRE; AND
TERMINATE EXISTING CONTRACTS, AS NEEDED, FROM THE LAST COMMISSION
MEETING ON OCTOBER 19, 2011, UNTIL THE FIRST REGULARLY SCHEDULED
MEETING ON DECEMBER 14, 2011, SUBJECT TO RATIFICATION BY THE CITY
COMMISSION AT ITS FIRST REGULARLY SCHEDULED MEETING ON DECEMBER 14,
201 1.
WHEREAS, between the last meeting on October 19, 2011, and the first regularly
scheduled meeting on December 14, 201 1, the RDA will not be in session; and
WHEREAS, during this period, there may be bids or contracts in excess of the $25,000,
which may need to be rejected, awarded or terminated; and
WHEREAS, the RDA has historically, during its August recess, assigned the Executive
Director with the authority to select, negotiate, award and/or renew contracts, as needed,
subject to ratification by the RDA; and -
WHEREAS, it is therefore requested that the Executive Director, or his designee, be
authorized to sign all contracts, agreements, purchase orders, change orders, and grant
applications; renew any existing contracts, which may expire, for an appropriate period of time;
terminate existing contracts, as needed, from the last RDA meeting on October 19, 201 1, until
the first regularly scheduled RDA meeting on December 14, 201 1, subject to ratification by the
RDA at its first regularly scheduled meeting on December 14, 201 1.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRPERSON AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, Chairperson and
Members hereby authorize the Executive Director, or his designee, to select, negotiate, award
and reject all bids, contracts, agreements, purchase orders, change orders, and grant
applications; renew existing contracts which may expire; and terminate existing contracts, as
needed, from the last RDA meeting on October 19, 2011, until the first regularly scheduled
meeting on December 14, 201 1, subject to ratification by the RDA at its first regularly scheduled
meeting on December 14, 201 1.
PASSED and ADOPTED this day of ,201 1
Mayor
ATTEST:
/? I I
City Clerk
T:\AGENDAPOI 1 \I 0-1 9- er Recess Reso RDA.doc APPROVED AS TO
FORM & LANGUAGE
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