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20120208 BMMIAMI BEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive February 8, 2012 Mayor Matti Herrera Bower Vice-Mayor Deede Weithorn Commissioner Jorge R. Exposito Commissioner Michael G6ngora Commissioner Jerry Libbin Commissioner Edward L. Tobin 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-9:00a.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 & 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 & Commission Requests R 1 0 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. 1 Commission Agenda, February 8, 2012 Presentations and Awards PA 1 Proclamation To Be Presented To Detective Daniel Erben For His Heroic, Life Saving Actions While Off-Duty On January 8, 2012. (Requested by Commissioners Jerry Libbin & Jorge R. Exposito) (Deferred from January 11 , 2012) PA2 Certificates Of Appreciation To Be Presented To Several Miami Beach Police Department Officers, Officer Of The Year And Civilian Of The Year. (Requested by Commissioner Jorge R. Exposito) PA3 Certificate Of Appreciation To Be Presented To Assistant State Attorney Santiago Areca. (Requested By Commissioner Jorge R. Exposito) PA4 Certificates Of Appreciation To Be Presented To The Bryan Layton And Michelle Viera For Coordinating The Miami Beach Firefighters Annual Toy Drive. (Requested by Commissioners Jorge R. Exposito & Michael Gongora) PA5 Certificate Of Recognition To The Sunshine Fit For Tots Program Being Administered By Playing The Game Of Life Based In Miami Beach. (Requested by Commissioner Michael Gongora) PA6 Certificates Of Recognition To Be Presented To Miagreen And The City Of Miami Beach Partners For Their Participation In Miami Beach's Pavilion Entitled: Blue Skies, White Sands, Green City. (Requested by Commissioner Michael Gongora) PA7 Proclamation To Be Presented To Tim Nardi For His Service And Dedication As The Chair Of The Greater Miami And The Beaches Hotel Association. (Requested by Commissioner Michael Gongora) PAS Proclamation To Be Presented To Miami Beach Senior High School, Its Students, Parents, Administration And PTSA Board For Becoming An "A" School For The First Time. (Requested by Commissioner Jonah Wolfson & Mayor Matti Herrera Bower) (Deferred from January 11, 2012) PA9 Certificate Of Recognition To Be Presented To Gabriel Cooper, Nautilus Middle School Student, For His Heroic Efforts While Assisting A School Crossing Guard. (Requested By Commissioner Jonah Wolfson) PA10 Certificate Of Recognition To Be Presented To V & E Restaurant Group (Espanola Way). (Requested By Commissioner Jonah Wolfson) 2 2 Commission Agenda, February 8, 2012 Presentations and Awards (Continued) PA11 Plaque To Be Presented To Enid Rodriguez For Her Dedication To Veterans On Behalf Of The Veterans Of Foreign Wars Post 3559. (Requested by Commissioner Jerry Libbin) PA12 Presentation For "At Your Service Award" For January 2012. (Human Resources) PA13 Certificates Of Completion To Be Presented To The City Of Miami Beach Neighborhood Leadership Academy Graduates Fall 2011 Class. (City Manager's Office) PA 14 Proclamation Declaring February 2012 Black History Month. (City Manager's Office) PA15 Proclamation Declaring February 81h "Sabrina Cohen Day," In Honor Of Being A Winner In The Nationai"America Inspired" Competition In The Overcoming Adversity Category. (Requested by Commissioners Edward L. Tobin & Michael Gongora And Mayor Matti Herrera Bower) CONSENT AGENDA Action: Moved: Seconded: Vote: C2 -Competitive Bid Reports C2A Request For Approval To Issue A Request For Proposals (RFP) For The Removal And Disposal Of Derelict Vessels. (Public Works/Procurement) C2B Request For Approval To Issue A Request For Proposals (RFP) For Disaster Recovery Services. (Public Works/Procurement) C2C Request For Approval To Issue A Request For Proposals (RFP) For Emergency Disaster Debris Monitoring Services. (Public Works/Internal AudiUProcurement) 3 3 Commission Agenda, February 8, 2012 C2 -Competitive Bid Reports (Continued) C2D Request For Approval To Issue A Request For Proposals (RFP) For The Installation And Operation Of Citywide Automated Teller Machines (ATM) At Various City-Owned Properties And Facilities. (Real Estate, Housing & Community Development) C2E Request For Approval To Award A Contract To Mity-Lite Inc., Pursuant To Invitation To Bid (ITB) No. 11-11/12, For Purchase And Delivery Of Magnetic Portable Dance Floors, In The Total Amount Of $75,373.15. (Tourism & Cultural Development/Procurement) C4 -Commission Committee Assignments C4A Referral To The Capital Improvement Projects Oversight Committee-Discussion Regarding The Status Of The Contract For The Capital Improvement Project In The Biscayne Point Neighborhood. (Requested by Vice-Mayor Deede Weithorn) C4B Referral To Neighborhoods/Community Affairs Committee -Discussion Regarding The Use Of Plastic Straws On The Beach. (Requested by Commissioner Jorge R. Exposito) C4C Referral To The Finance And Citywide Projects Committee -Discussion Of The Current Management And Operations Of The City's Miami Beach Golf Courses, Clubhouses And Related Facilities And Options/Direction For The Future Management Agreement. (Parks & Recreation) C4D Referral To The Finance And Citywide Projects Committee-Discussion Regarding Consideration Of A Letter Agreement Between The City Of Miami Beach And Art Basel Miami Beach Outlining Terms And Conditions For Use Of Public Property By Art Basel Miami Beach. (Tourism & Cultural Development) C4E Referral To The Neighborhood/Community Affairs Committee-Discussion Regarding Amending The City Code To Provide For Alternative Enforcement Means And Establish A Fixed Fine Schedule For Certain Provisions. (Building Department) 4 4 Commission Agenda, February 8, 2012 C4 -Commission Committee Assignments (Continued) C4F Referral To The Finance And Citywide Projects Committee Regarding A Status Report And Update On Recent Building Department Accomplishments And Activities, Including A Status Report On Implementation Of Recommendations In The Watson Rice Study, The Development Review Process Stakeholder Committee, And Other Recent Initiatives And Changes Undertaken By The Building Department. (Building Department) C4G Referral To Planning Board-De-Intensification Of The 1-1 Light Industrial District. (Requested by Land Use & Development Committee) (Legislative Tracking: Planning Department) C4H Referral To The Neighborhood/Community Affairs Committee -Discussion Regarding A Draft Ordinance That Regulates Private Parking Lots Or Facilities With Automated Pay Machines. (Requested by Commissioner Jerry Libbin) C41 Referral To The Neighborhood/Community Affairs Committee-Discussion Regarding Landscape Encroachments In Single Family Home Neighborhoods. (Requested by Commissioner Edward L. Tobin) C6 -Commission Committee Reports C6A Report Of The Neighborhood/Community Affairs Committee Meeting On December 8, 2011: 1) Discussion Of Potential Policies For The Nomination/Number Of Memorials Or Commemorative Plaques. 2) Follow-Up Discussion And Request For Direction Concerning The Continuation Or Termination Of The Dog Off-Leash Pilot Program Approved By The City Commission In South Pointe Park. 3) Discussion Regarding Neighborhood Park/Street-Ends Bus Bench Issue. 4) Discussion On The Viability Of Storing City Directed Towed Vehicles On Terminal Island. 5) Discussion Regarding An Ordinance Which Prohibits Docking On City Owned Property, Specifically Seawalls. 6) Discussion To Consider Leaving The Altos Del Mar Location As Passive Greenspace. 7) Discussion Regarding A Proposal For A Donation Of Art Pieces To Be Displayed On Lincoln Road. 8) Discussion Regarding The Ongoing Store Front Damages And Graffiti Issues On Washington Avenue. (Deferred from January 11, 2012) C6B Report Of The Joint Meeting Of The Neighborhood/Community Affairs Committee And The Finance And Citywide Project Committee On January 19, 2012: 1) Follow-Up Discussion Regarding Memorial Day Weekend And Planning For Next Year. 2) Discussion Regarding A Review Of The City's Special Event Permit Policy, Which Does Not Allow For Any New Events During Spring Break And Ultra Music Festival. 5 5 Commission Agenda, February 8, 2012 C6 -Commission Committee Reports (Continued) C6C Report Of The Land Use And Development Committee Meeting On January 18, 2012: 1A) Discussion Of Jurisdiction Of Land Use Boards Over Appeals. 1 B) Discussion Of Procedures For Obtaining Informal Opinions And Formal Administrative Determinations From The Planning Director. 2) Discussion On The De-Intensification Of The 1-1 Light Industrial District. 3) Discussion Of The Miami Beach Current City Code Chapter 6-4 (3) Relating To Alcoholic Beverage Sales That Requires A 300 Foot Distance Between Liquor Stores And Ask That The City Look Into Adopting The County Requirement Of 1500 Feet. 4) Use Of Legal Nonconforming Commercial Building In Single-Family Districts. 5) Discussion Regarding The Stay In Approving Any Sidewalk Cafe Permits On The Drexel Avenue And 16th Street Sidewalks In Front Of The Retail Spaces Of The Lincoln East Garage, Located At 420 Lincoln Road. C6D Report Of The Finance And Citywide Projects Committee Meeting On December 27, 2011: 1) Discussion Regarding The Miss USA Pageant. 2) Discussion Regarding Towing Permits. C7 -Resolutions C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit Grant Applications To: 1) Miami-Dade County EMS For Funding In The Approximate Amount Of $20,000 For Fire Department Emergency Medical Service (EMS) Needs; 2) Florida Department Of Environmental Protection Coastal Partnership Initiative For Funding In The Approximate Amount Of $50,000 For Dune Restoration; 3) Florida Junior Golf Council In The Approximate Amount Of $10,000 For The Normandy Shores Youth Golf Clinic; 4) Emergency Food And Shelter Program (EFSP) For Funding In The Approximate Amount Of $40,000 For Emergency Assistance; 5) Florida Office Of The Attorney General For Victims Of Crime Act (VOCA) Funding In The Approximate Amount Of $59,000 For The City's Domestic Violence 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) C7B A Resolution In Support Of Adequate Homeland Security Funding And Tier I Department Of Homeland Security (DHS) Designation For The Miami-Fort Lauderdale Urban Area Security Initiative (UASI). (Budget & Performance Improvement) 6 6 Commission Agenda, February 8, 2012 C7 -Resolutions (Continued) C7C A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Qualifications (RFQ) No. 18-11/12, 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 South Pointe Park Pier Project; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Proposer, The Weitz Company; And Should The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposer, Authorizing Negotiations With The Second-Ranked Proposer, TGSV Enterprises, Inc.; And Should The Administration Not Be Successful In Negotiating An Agreement With The Second-Ranked Proposer, Authorizing Negotiations With The Third-Ranked Proposer, H. A. Contracting Corporation, And Further Authorizing The Mayor And City Clerk To Execute An Agreement For Pre-Construction Services. (Capital Improvement Projects/Procurement) (Memorandum & Resolution to be Submitted in Supplemental) C7D A Resolution Authorizing The Execution Of An Agreement With Corzo Castella Carballo Thompson Salman, Pa (C3TS) In The Negotiated Lump Sum Amount Of $308,152 For Basic Services; And A Not To Exceed Amount Of $194,930 For Other Direct Services; And An Additional Not To Exceed Amount Of $20,000 For Approved Reimbursables For A Total Fee Of $523,082, For A Design Criteria Professional To Prepare The Design Criteria Package For The Palm And Hibiscus Neighborhood Right-Of-Way Improvement Project, Which Is Intended To Be A Design-Build Contract; And To Serve As The City's Representative During The Selection Of The Design-Build Firm For The 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, Pursuant To The Request For Qualification (RFQ) No. 35-10/11, With Previously Appropriated Funding From Storm Water Fund No. 431, Water & Sewer GBL Series Fund No. 420, Go Bond Fund No. 376, Neighborhood Go Bond Fund No 384, Pay As You Go Fund No. 302 And Savings From The Nautilus Row Improvement Project Fund Nos. 423 And 424. (Capital Improvement Projects/Procurement) C7E A Resolution Approving An Increase To The Project Contingency, For The Right-Of-Way Infrastructure Improvement Program -Neighborhood No. 13A -Star Island, In The Amount Of $82,995; From Previously Appropriated Funding In The Amount Of $62,107, From Fund 420- Water And Sewer For Unforeseen Utility Conflicts, And $20,888 From Fund 384 -2003 GO Bonds -Neighborhood Improvements For Additional Electrical Scope. (Capital Improvement Projects/Procurement) C7F A Resolution Approving And Authorizing The Mayor And The City Clerk To Execute Amendment No. 12, To The Existing Professional Services Agreement Between The City Of Miami Beach And Chen Moore & Associates, Inc. (CMA), Dated September 8, 2004, For The City Center Right-Of- Way Neighborhood Improvement Project Bid Packages 9A And 9B; In The Negotiated Not-To- Exceed Amount Of $150,155, Plus An Additional Amount Of $2,000 For Approved Reimbursable Expenses; To Provide Extended Construction Administration And Resident Project Representation During Construction Of The Project; With Previously Appropriated Funding From The City Center RDA Fund 365. (Capital Improvement Projects/Procurement) 7 7 Commission Agenda, February 8, 2012 C7-Resolutions (Continued) C7G Re-Appointment Of Chief Special Master 1. A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Section 30-36 Of The Code Of The City Of Miami Beach, Concerning The Re-Appointment Of Abraham Laeser, Esquire, To Serve As Chief Special Master, For A Term Commencing On March 15, 2012, And Ending On September 14, 2012; Provided Further That Chief Special Master Laeser Shall Be Authorized To Hold Hearings And Impose Fines, Liens And Other Non-Criminal Penalties Against Violators Of The City And County Codes And Ordinances, And Shall Also Be Authorized To Appoint Such Other Special Masters As May Reasonably Be Required To Conduct The Subject Hearings; And Further Incorporating All Other Matters Set Forth Within Chapter 30 Of The City Code, Including, Without Limitation, Sections 30-37 And 30-38 Thereof, Concerning The Compensation And Duties Of The Chief Special Master. 2. A Resolution Approving And Re-Appointing, Pursuant To Section 102-356 Of The City Code, Abraham Laeser Esquire, (Chief Special Master Re-Appointed Pursuant To Resolution No. , As The City Manager's "Designee" Under Section 102-356 Of The City Code; Said Designation Commencing With Mr. Laeser's Term As Chief Special Master On March 15, 2012, And Ending On September 14, 2012. (City Clerk's Office) C7H A Resolution Electing Commissioner Jerry Libbin, Group I, As Vice-Mayor For A Term Commencing On March 1, 2012, And Terminating On June 30, 2012, Or On Such Date When A New Vice-Mayor Is Thereafter Elected. (City Clerk's Office) C71 A Resolution Approving A Preconstruction Application For Historic Ad Valorem Tax Exemption For A Single-Family Property At 5240 North Bay Road, And Authorizing The Miami-Dade County Property Appraiser's Office To Grant This Tax Exemption For The City's Portion Of Ad Valorem Property Taxes For Qualifying Improvements To The Subject Property Following Substantial Completion Of The Project And Compliance With Certain Conditions. (Planning Department) C7 J A Resolution Adopting And Appropriating The Second Amendment To The Police Confiscation Trust Fund Budget For Fiscal Year 2011/2012 In The Amount Of $402,633, To Be Funded From State Confiscated Funds In The Amount Of $261,700 And Federal-Justice Confiscated Funds In The Amount Of $140,933, For The Appropriation And Expenditure Of Those Items Set Forth In Exhibit "A." (Police Department) C7K A Resolution Authorizing The Mayor And The City Clerk To Execute A Letter Of Agreement Between The City Of Miami Beach And Florida Power And Light (FPL), Where FPL Commits To Complete Renewable Energy, Energy Efficiency And Energy Sustainability Projects. (Public Works) (Memorandum and Resolution to be Submitted in Supplemental) 8 8 Commission Agenda, February 8, 2012 C7 -Resolutions (Continued) C7L A Resolution Approving A One-Time Only Subordination Of That Certain Mortgage And Security Agreement, In The Amount Of $2,864,642, Dated July 5, 2011, Given By MBCDC: Meridian Place, LLC, A Florida Limited Liability Corporation, As Mortgagor, To The City Of Miami Beach, As Mortgagee, In Favor Of A Commercial Lender, To Be Determined By MBCDC, For An Amount Not To Exceed $980,000; And Further Authorizing The City Manager To Execute All Applicable Documentation. (Real Estate, Housing & Community Development) End of Consent Agenda 9 9 Commission Agenda, February 8, 2012 REGULAR AGENDA R2 -Competitive Bid Reports R2A Request For Approval To Purchase Budgeted Replacement And Vehicle Additions And Equipment Pursuant To Florida State Contract No. 11-19-0907, In The Amount Of $3,477.980.00. (Fleet Management) R2B Request For Approval To Purchase Budgeted Replacement And Vehicle Additions And Equipment Pursuant To Florida State Contract No. 11-10-1202, Florida State Contract No. 11-19- 0907 And GSA Contract No. GS-07F-0011J, In The Amount Of $967,819.91. (Fleet Management) R5 -Ordinances R5A · An Ordinance Amending Chapter 66, "Marine Structures, Facilities And Vehicles," Article IV, "Vessels," Section 66-151, "Launching And Hauling," To Prohibit Docking, Securing, Embarking Or Disembarking Vessels At Municipal Or Public Seawalls, Wharfs, Docks Or Bulkheads In Single Family Neighborhoods, Creating Exceptions, Providing For Repealer; Codification; Severability And An Effective Date. 10:20 a.m. Second Reading Public Hearing (Requested by Vice-Mayor Deede Weithorn) (Legislative Tracking: City Attorney's Office) (First Reading on January 11, 2012) R5B Temporary Removal Of Parking Spaces An Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter 82, "Public Property," Amending Section 82-384, "Permitted Sidewalk Cafe Frontage; Requests For Expansion," To Permit Sidewalk Cafes To Extend Into A Loading Zone Fronting A Restaurant; Providing For Repealer, Codification, Severability And An Effective Date. 10:25 a.m. Second Reading Public Hearing (Requested by the Land Use & Development Committee) (Legislative Tracking: Planning Department) (First Reading on January 11, 2012) 10 10 Commission Agenda, February 8, 2012 R5 -Ordinances (Continued) R5C Continuances By Land Use Boards An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 118, "Administrative And Review Procedures," Article II, "Boards," Division 5, "Board Of Adjustment," Section 118-134, "Notification Of Hearings;" Article IV, "Conditional Use Procedure," Section 118-193 "Applications For Conditional Uses"; Article VI, "Design Review Procedures;" Article X, "Historic Preservation;" And Article XI "Neighborhood Conservation Districts (NCO);" To Clarify That Continuances Shall Be Noticed By Mail And Newspaper After The First Continuance Granted By A Land Use Board; Providing For Repealer; Codification; Severability And An Effective Date. 10:30 a.m. Second Reading Public Hearing R5D RPS-4 Heights 2011 (Requested by Commissioner Jonah Wolfson) (legislative Tracking: Planning Department) (First Reading on January 11, 2012) 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 II, "District Regulations," Division 18, "PS Performance Standard District", Section 142-696 "Residential Performance Standard Area Requirements" To Modify The Maximum Height Requirements For Residential Apartment Structures; By Amending Section 142-697 "Setback Requirements In The R-PS 1, 2, 3, 4 District," To Modify The Setback Requirements For Oceanfront Buildings; Providing For Repealer, Codification, Severability And An Effective Date. 5:00 p.m. Second Reading Public Hearing (Requested by Commissioner Jonah Wolfson) (Legislative Tracking: Planning Department) (Continued from January 11, 2012) R5E An Ordinance Granting To Florida Power And Light Company, Its Successors And Assigns, An Electric Franchise Imposing Provisions And Conditions Relating Thereto, Providing For Monthly Payments To The City Of Miami Beach, And Providing For An Effective Date. 5:05p.m. Second Reading Public Hearing (Requested by the City Commission) (legislative Tracking: Public Works) (Continued from January 11, 2012) R5F An Ordinance Amending Chapter 100 Of The Miami Beach City Code, By Creating Article II Entitled, "Energy Economic Development Zone Pilot Program;" Creating Sections 100-21 Through 100-27 Thereof, Providing For Purpose, Definitions, Energy Economic Development Zone Boundaries, Eligibility Criteria, Energy Efficiency Standards, And Program Guidelines And Review To Allow Businesses In The City To Participate In The Florida Energy Economic Development Zone Pilot Program, As Further Detailed In The Ordinance; Providing For Severability; Codification, Repealer, And An Effective Date. First Reading (Requested by the Sustainability Committee) (Economic Development) 11 11 Commission Agenda, February 8, 2012 RS -Ordinances (Continued) R5G Short Term Rental Of Apartment Units Or Townhomes-Flamingo Park Neighborhood An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142 Of The City Code, "Zoning Districts And Regulations," Article IV, "Supplementary District Regulations," Division 3, "Supplementary Use Regulations," By Amending Section 142-1111, "Short Term Rental Of Apartment Units Or Townhomes," To Allow An Extension Of Time For Applications Due To Governmental Error; Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Requested by Commissioner Jorge R. Exposito) (Legislative Tracking: Planning Department) R5H An Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, As Follows: Providing For The Classifications In Group I, Represented By The American Federation Of State, County And Municipal Employees (AFSCME) Local 1554; Group II, Represented By The Fraternal Order Of Police (FOP) William Nichols Lodge No. 8; Group Ill, Represented By The International Association Of Firefighters (IAFF) Local 1510; Group IV, Represented By The Communications Workers Of America (CWA) Local 3178; And Group V, Represented By The Government Supervisors Association Of Florida (GSAF) Local 100, In Accordance With The Negotiated Collective Bargaining Agreements And Providing For The Classifications In Group VI, Being All Other Classifications In The Classified Service Not Covered By A Bargaining Unit, Effective The First Full Pay Period Ending April 2012, An Across The Board Cost-Of-Living Adjustment (COLA) Of Three Percent (3%) And A Three Percent (3%) Increase To The Minimum And Maximum Of Each Pay Range; Repealing All Ordinances In Conflict; Providing For Severability, An Effective Date And Codification. First Reading (Included in Collective Bargaining Agreements & Approved by the City Commission in 201 0) (Legislative Tracking: Human Resources) R51 An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance Of The City Of Miami Beach, Florida, As Follows: Providing For All Unclassified Employees, Effective The First Full Pay Period Ending In April 2012, An Across The Board Cost-Of-Living Adjustment (COLA) Of Three Percent (3%), And A Three Percent (3%) Increase To The Minimum And Maximum Of Each Pay Range; Repealing All Ordinances In Conflict; Providing For Severability, An Effective Date And Codification. First Reading (Legislative Tracking: Human Resources) R5J An Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Amending Division 2, Entitled "Disability Access Committee," By Amending Sec. 2-31 (D) To Increase The Number Of Members From Seven (7) To Fourteen (14) And Amending The Quorum Requirement; Providing For Codification, Repealer, Severability, And An Effective Date. First Reading (Requested by Commissioner Jonah Wolfson) (Legislative Tracking: Public Works) 12 12 Commission Agenda, February 8, 2012 R7 -Resolutions R7 A A Resolution Granting And Authorizing The Mayor and City Clerk To Execute A Revocable Permit To 1790 Alton Holdings LLC, As Owner Of The Property Located At 1790 Alton Road, To Allow A Concrete "Eyebrow'' To Extend Approximately Twelve Inches (12") Into The Public Right-Of-Way On 18th Street And The Service Road Adjacent To Alton Road, With A Minimum Height Of 14 Feet Above The Sidewalk. 10:15 a.m. Public Hearing (Public Works) R7B A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A First Amendment To That Certain Retail Lease Agreement By And Between The City Of Miami Beach, The Miami Beach Redevelopment Agency (RDA) And Penn 17, LLC. (Lessee), Dated September 16, 2011, Involving The Lease Of Approximately 7,807 Square Feet Of Ground Floor Retail Space At The Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida; Said First Amendment Correcting The Gross Rentable Retail Space From 7,807 Square Feet To 7,655 Square Feet As Well As Providing For Corresponding Reductions In Lessee's Annual Rent From $585,525, To $574,125, And In The Charge For Common Area Maintenance (CAM) From $100,370 Per Year, To $98,850 Per Year. Joint City Commission & Redevelopment Agency (Real Estate, Housing & Community Development) R7C A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee At Its October 27, 2011 Meeting, To Extend The Current Management Agreement With Greensquare, On A Month-To-Month Basis, Until Such Time As The New Flamingo Park Tennis Center Is Nearing Completion, And Coordinate The Issuance Of A Tennis Center(s) Operations And Management Agreement Request For Proposals (RFP) In A Manner To Have The Selected Operator In Place To Coincide With The Grand Opening Of The New Flamingo Park Tennis Center Facility, And Authorizing The Issuance Of The Above Referenced Request For Proposals, As Described. (Parks & Recreation) (Deferred from January 11, 2012) R7D A Resolution Approving Following A Duly Noticed Public Hearing, The Substantive Terms Of A Lease Agreement Between The City And South Florida Salon Group, Inc., For Use Of Approximately 1,327 Square Feet Of City-Owned Property, Located At 1701 Meridian Avenue, Unit 1 (A/KIA 765 17th Street), Miami Beach, Florida; Said Lease Having An Initial Term Of Five (5) Years, With One Additional Four (4) Year And 364 Day Renewal Term, At The City's Sole Discretion; And, Waiving By 5/7ths Vote, The Competitive Bidding Requirements, As Required By Section 82-39 (B) Of The Miami Beach City Code; Further Authorizing The City Administration To Negotiate A Final Lease Agreement, Based Upon The Substantive Terms Approved Herein, And If Successful, Authorizing The Mayor And City Clerk To Execute The Lease. 10:40 a.m. Public Hearing (Real Estate, Housing & Community Development) 13 13 Commission Agenda, February 8, 2012 R7-Resolutions (Continued) R7E A Resolution Approving And Authorizing The Issuance Of Towing Permits To Beach Towing Services, Inc., And Tremont Towing Services, Inc.; Said Permit Terms Commencing On March 1, 2012, And Expiring On February 28, 2015; And Further, In Conjunction Therewith, Approving Amendment No.2 To The Administrative Rules And Regulations For Police And Parking Towing Permits; Said Amendment Providing, Among Other Things, For An Increase To The Permit Fees And Certain Maximum Allowable Towing Rates; Providing For Certain Enhancements, Public Benefits, And Other Additional Conditions And Requirements, As Requested By The City And Set Forth In This Resolution, And All Of Which Shall Be Provided By Permittees In The Manner Prescribed By, And Within The Timeframes Outlined In Amendment No. 2, As A Condition Of The City's Approval Of This Resolution And As Consideration For The City's Issuance Of The Permits; And Also, Providing, As A Further Condition Of Approval Of This Resolution And Consideration For Issuance Of The Permits, That Beach Towing Services, Inc., On Behalf Of Itself And Including All Related Persons And Entities, As The Plaintiff And Petitioner In Those Certain Lawsuits Filed Against The City (As Such Lawsuits Are Set Forth In This Resolution), Dismiss With Prejudice Such Actions That Remain Pending With Prejudice, And To Execute A Covenant Not To Sue, In A Form Acceptable To The City Attorney, In Any Administrative Or Judicial Actions, For Itself And All Persons Or Entities Related To It, And Not To Solicit Or Encourage The Filing By Any Other Person Or Entity, Of Administrative Or Judicial Actions, Claims Or Issues That Were Or Could Have Been Raised In These Cases. (Requested by Finance & Citywide Projects Committee) (Legislative Tracking: Parking Department) R7F A Resolution Authorizing The City Manager To Negotiate Amendment No.1 To The Management Agreement With UIA Management, LLC, Dated January 13, 2010, For The Maintenance Of The 1100 Block Of Lincoln Road Mall; Said Amendment Electing The Option, Pursuant To Section 23 Of The Management Agreement, To Expand The Scope Of Said Agreement To Cover Management And Maintenance Of The Entire Length Of Lincoln Road, From Collins Avenue To West Avenue, Including Side Streets Between Lincoln Lane (North And South); Further Waiving, By 5/7th Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Augmenting Developer's Management And Maintenance Responsibilities To Also Require The Provision Of Security Services Within The Designated Area; Further Providing That The Final Negotiated Amendment Shall Be Brought Back To The City Commission For Approval. (Public Works) R9 -New Business and Commission Requests R9A Board And Committee Appointments. (City Clerk's Office) R9A 1 Board And Committee Appointments -City Commission Appointments. (City Clerk's Office) 14 14 Commission Agenda, February 8, 2012 R9 -New Business and Commission Requests (Continued) R9A2 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.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.) R9C Discussion And Update Regarding The Tennis Management Contract RFP. (Requested by Commissioner Edward L. Tobin) (Deferred from January 11, 2012) R9D Discussion Regarding Creating A Tennis Committee. (Requested by Commissioner Jonah Wolfson) (Deferred from January 11, 2012) R9E Discussion Regarding An Ordinance Amending The Miami Beach City Code By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Creating Division 33, To Be Entitled "Tennis Advisory Committee," And By Creating Sections 2-190.148 Through 2-190.153 Thereto To Create A Tennis Advisory Committee And Provisions Establishing The Committee And Its Mission, Powers, Duties, Composition, And Supporting Department; And Providing For Repealer, Severability, Codification, And An Effective Date. (Requested by Commissioners Michael Gongora) (Deferred from January 11, 2012) R9F Discussion And Update On The Citywide Dunes Maintenance Plan. (Requested by Commissioner Edward L. Tobin) (Deferred from January 11, 2012) R9G Discussion Regarding Communications About The Progress Of Projects And Construction To The Local Residents. (Requested by Commissioner Jorge R. Exposito) (Deferred from December 14, 2011) R9H Discussion Regarding The Status Of The Major Event Plan For The Winter Music Conference And Spring Break. (Requested by Commissioner Jorge R. Exposito) R91 Discussion Regarding A Resolution Urging The Florida Legislature To Repeal The Penalty Provisions In The Joe Carlucci Uniform Firearms Act Which Were Enacted During The 2011 Florida Legislative Session And Which Became Effective October 1, 2011. (Requested by Matti Herrera Bower) (Legislative Tracking: City Attorney's Office) 15 15 Commission Agenda, February 8, 2012 R9 -New Business and Commission Requests (Continued) R9J Discussion Of The Traffic Analysis Of The Proposed Relocation Of Towing Storage Facilities To Terminal Island. (City Manager's Office) R9K Budget Advisory Committee Pension Reform Initiative Status Report. (Budget & Performance Improvement) (Memorandum to be Submitted in Supplemental) R9L Discussion Regarding Changes And Progress At Building Department. (Requested by Commissioner Edward L. Tobin) R9M Discussion Regarding Muss Park Improvements And Seawall. (Requested by Commissioner Edward L. Tobin) R9N Discussion And Referral To The Neighborhood/Community Affairs Committee Regarding Sunrise Plaza And Beachwalk. (Requested by Commissioner Edward L. Tobin) R90 Discussion Regarding An Update On The Dredging And Replacement Of The 54" Force Main In Government Cut. (Requested by Commissioner Edward L. Tobin) R9P Discussion Regarding A Summary Of Successes, Failures And Costs Associated With New Police Department Sector Plan. (Requested by Commissioner Edward L. Tobin) R9Q Discussion Regarding The Status Report On The Biscayne Pointe Island Capital Improvements Project. (Requested by Commissioner Jonah Wolfson) R9R Discussion To Reconsider The Off-Leash Designated Area At South Pointe Park. (Requested by Commissioner Jonah Wolfson) R9S Discussion Regarding Updates On The Collins Canal/ Bike Path Project. (Requested by Commissioner Jorge R. Exposito) R9T Discussion Regarding The Request From The Developer Of The 500-600 Block Of Alton Road To Have The City Formally Participate In A Design Charette Process. (Requested by Mayor Matti Herrera Bower) 16 16 Commission Agenda, February 8, 2012 R10-City Attorney Reports R1 OA City Attorney's Status Report. (City Attorney Office) R 1 OB Closed Attorney-Client Sessions Pursuant To §286.011, Florida Statutes, The City Attorney Hereby Advises The Mayor And City Commission That He Desires Advice Concerning The Following Pending Litigation Matter: 1) 1100 West Properties, LLC V. City Of Miami Beach, Circuit Court Case No. 09-70789 CA 23 2) City Of Miami Beach V. 1100 West Properties, LLC, Circuit Court Appellate Division Case No. 11-505 AP Therefore, A Private Closed Attorney-Client Session Will Be Held During The Lunch Recess Of The City Commission Meeting On February 8, 2012, In The City Manager's Large Conference Room, Fourth Floor, City Hall, To Discuss Settlement Negotiations And/Or Strategy Related To Litigation Expenditures With Regard To The Above-Referenced Litigation Matters. The Following Individuals Will Be In Attendance: Mayor Matti Herrera Bower; Members Of The City Commission: Jorge Exposito, Michael Gongora, Jerry Libbin, Edward Tobin, Deede Weithorn And Jonah Wolfson; City Manager Jorge Gonzalez, City Attorney Jose Smith, First Assistant City Attorney Rhonda Montoya Hasan And First Assistant City Attorney Gary Held. R 1 OC Closed Attorney-Client Session Pursuant To §286.011, 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. 011-058; 060; 061; 063; 069, 070, 072-084; 086; 087; 115-124; 662-670. Therefore, A Private Closed Attorney-Client Session Will Be Held During The Lunch Recess Of The City Commission Meeting On February 8, 2012, In The City Manager's Large Conference Room, Fourth Floor, City Hall, To Discuss Settlement Negotiations And/Or Strategy Related To Litigation Expenditures With Regard To The Above-Referenced Litigation Matters. The Following Individuals Will Be In Attendance: Mayor Matti Herrera Bower; Members Of The City Commission: Jorge Exposito, Michael Gongora, Jerry Libbin, Edward Tobin, Deede Weithorn And Jonah Wolfson; City Manager Jorge Gonzalez, City Attorney Jose Smith, First Assistant City Attorney Rhonda Montoya Hasan And First Assistant City Attorney Steven Rothstein. Reports and Informational Items Reports and Informational Items (see LTC #025-2012) End of Regular Agenda 17 17 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THE REGULARLY SCHEDULED MEETINGS OF THE CITY COMMISSION ARE ESTABLISHED BY RESOLUTION. SCHEDULED MEETING DATES ARE AVAILABLE ON THE CITY'S WEBSITE, DISPLAYED ON MBTV 77, AND ARE AVAILABLE IN THE CITY CLERK'S OFFICE. COMMISSION MEETINGS COMMENCE NO EARLIER THAN 9:00 A.M. GENERALLY THE CITY· COMMISSION IS IN RECESS DURING THE MONTH OF AUGUST. 1. DR. STANLEY SUTNICK CITIZENS' FORUM will be held during the first Commission meeting each month. The Forum is split into two (2} sessions, 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 adjournment 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. 3. 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, Fl 33139, briefly outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be handled administratively, an appointment may be scheduled to discuss the matter with a member of the City Manager's staff. "Requests for Agenda Consideration" will not be placed on the Agenda until after Administrative staff review. Such review will ensure that the issue is germane to the City's business and has been addressed in sufficient detail so that the City Commission may be fully apprised. Such written requests must be received in the City Manager's Office no later than noon on Monday of the week prior to the scheduled Commission meeting to allow time for processing and inclusion in the Agenda package. Presenters will be allowed sufficient time, within the discretion of the Mayor, to make their presentations and will be limited to those subjects included in their written requests. 4. Once an Agenda for a Commission Meeting is published, persons wishing to speak on item(s} listed on the Agenda, other than 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)673-7 411, before 5:00p.m., no later than the day prior to the Commission meeting and give their name, the Agenda item to be discussed, and if known, the Agenda item number. 5. All persons who have been listed by the City Clerk to speak on the Agenda item in which they are specifically interested, and persons granted permission by the Mayor, will be allowed sufficient time, within the discretion of the Mayor, to present their views. When there are scheduled public hearings on an Agenda item, IT IS NOT necessary to register at the City Clerk's Office in advance of the meeting. All persons wishing to speak at a public hearing may do so and will be allowed sufficient time, within the discretion of the Mayor, to present their views. 6. If a person wishes to address the Commission on an emergency matter, which is not listed on the Agenda, there will be a period allocated at the commencement of the Commission Meeting when the Mayor calls for additions to, deletions from, or corrections to the Agenda. The decision as to whether or not the matter will be heard, and when it will be heard, is at the discretion of the Mayor. On the presentation of an emergency matter, the speaker's remarks must be concise and related to a specific item. Each speaker will be limited to three minutes, or for a longer or shorter period, at the discretion of the Mayor. F:\CLER\CLER\CITYCLER\sutnick. v21.doc 18 CITY OF MIAMI BEACH 2012 MEETING DATES COMMISSION MEETINGS ALTERNATE MEETINGS January 11 (Wednesday) January 18 (Wednesday) February 8 (Wednesday) February 15 (Wednesday) March 21 (Wednesday) March 28 (Wednesday) April 11 (Wednesday) April 18 (Wednesday) May 9 (Wednesday) May 16 (Wednesday) June 6 (Wednesday) July 18 (Wednesday) July 25 (Wednesday) August - City Commission in recess September 12 (Wednesday) October 24 (Wednesday) October 31 (Wednesday) November 14 (Wednesday) November 21 (Wednesday) December 12 (Wednesday) December 19 (Wednesday) CITY CLERK’S OFFICE LOBBYIST LIST REVISED C:\Documents and Settings\centvalk\Local Settings\Temporary Internet Files\OLK3F\Lobbyist List.doc February 8, 2012 Commission Meeting LOBBYIST NAME RETAINED BY DATE REGISTERED DISCLOSURE C2D Approve RFP For Installation & Operation of Citywide ATM. Eston Melton III Communitel, Inc. 09/14/2011 $500 per month R5G Short Term Rental Of Apartment Units or Townhomes – Flamingo Park Neighborhood Danielle Blake Miami Association of Realtors 03/16/2011 Employee Alfredo Gonzalez South Beach Lending, LLC 04/22/2010 $400 per hour Michael Larkin Marco Vincenzo Belfiorie 12/12/2011 $435 per hour R7A Execute Revocable Permit – 1790 Alton Holdings, LLC Amster Matthew 1790 Alton Holdings, LLC 07/08/2011 $310 per hour Michael Larkin 1790 Alton Holdings, LLC 07/08/2011 $435 per hour R7E Approve Issuance of Towing Permits-Beach Towing Services & Tremont Rafael Andrade Beach Towing Services, Inc. 09/24/2010 No comp. David Custin Beach Towing Services of Mia. 02/04/2011 $2,223/month Russell Galbut Tremont Towing 05/11/2011 No comp. Randall Hilliard Beach Towing 05/09/2011 $2,500/month Neisen Kasdin Tremont Towing 03/24/2008 $500 per hour Eston Melton III Beach Towing 05/06/2011 $1,000 per month David Nevel Tremont Towing 05/11/2011 $275 per month Kent Robbins Beach Towing 09/27/2010 $450 per hour R7F Amend Mngmt Agmt w/ UIA Management, LLC Carter McDowell UIA Management, LLC 08/20/2009 $560 per hour R7F Amend Mngmt Agmt w/ UIA Management, LLC Kirk Paskal Winter Music Conference, Inc. 11/10/2011 Employee PA PRESENTATIONS AND AWARDS 21 ""C )> Presentations and Awards PA1 Proclamation To Be Presented To Detective Daniel Erben For His Heroic, Life Saving Actions While Off-Duty On January 8, 2012. (Requested by Commissioners Jerry Libbin & Jorge R. Exposito) (Deferred from January 11, 2012) PA2 Certificates Of Appreciation To Be Presented To Several Miami Beach Police Department Officers, Officer Of The Year And Civilian Of The Year. (Requested by Commissioner Jorge R. Exposito) PA3 Certificate Of Appreciation To Be Presented To Assistant State Attorney Santiago Areca. (Requested By Commissioner Jorge R. Exposito) PA4 Certificates Of Appreciation To Be Presented To The Bryan Layton And Michelle Viera For Coordinating The Miami Beach Firefighters Annual Toy Drive. (Requested by Commissioners Jorge R. Exposito & Michael Gongora) PAS Certificate Of Recognition To The Sunshine Fit For Tots Program Being Administered By Playing The Game Of Life Based In Miami Beach (Requested by Commissioner Michael Gongora) PA6 Certificates Of Recognition To Be Presented To Miagreen And The City Of Miami Beach Partners For Their Participation In Miami Beach's Pavilion Entitled: Blue Skies, White Sands, Green City (Requested by Commissioner Michael Gongora) PA7 Proclamation To Be Presented To Tim Nardi For His Service And Dedication As The Chair Of The Greater Miami And The Beaches Hotel Association. (Requested by Commissioner Michael Gongora) PA8 Proclamation To Be Presented To Miami Beach Senior High School, Its Students, Parents, Administration And PTSA Board For Becoming An "A" School For The First Time. (Requested by Commissioner Jonah Wolfson & Mayor Matti Herrera Bower) (Deferred from January 11, 2012) PA9 Certificate Of Recognition To Be Presented To Gabriel Cooper, Nautilus Middle School Student, For His Heroic Efforts While Assisting A School Crossing Guard. (Requested By Commissioner Jonah Wolfson) 23 :Agenda Item PA 1-1:> Date ;)---8'-I~ Presentations and Awards (Continued) PA10 Certificate Of Recognition To Be Presented To V & E Restaurant Group (Espanola Way). (Requested By Commissioner Jonah Wolfson) PA 11 Plaque To Be Presented To Enid Rodriguez For Her Dedication To Veterans On Behalf Of The Veterans Of Foreign Wars Post 3559. (Requested by Commissioner Jerry Libbin) PA12 Presentation For "At Your Service Award" For January 2012. (Human Resources) PA13 Certificates Of Completion To Be Presented To The City Of Miami Beach Neighborhood Leadership Academy Graduates Fall 2011 Class. (City Manager's Office) PA14 Proclamation Declaring February 2012 Black History Month. (City Manager's Office) PA 15 Proclamation Declaring February 8th "Sabrina Cohen Day," In Honor Of Being A Winner In The National "America Inspired" Competition In The Overcoming Adversity Category. (Requested by Commissioners Edward L. Tobin & Michael Gongora And Mayor Matti Herrera Bower) 24 C2 COMPETITIVE BID REPORTS 25 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Issue A Request For Proposals (RFP) For The Removal And Disposal Of Derelict Vessels. Key Intended Outcome Supported: Maintain Miami Beach Public Areas & Rights of Ways City Wide. Maintains City's Infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Whether the Mayor and City Commission should approve the issuance of the RFP? Item Summary/Recommendation: In the event of an emergency, such as a hurricane, the City would lack sufficient resources to undertake recovery operations such as the removal and disposal of derelict vessels. The purpose of this RFP is to retain sea-towing disposal contractors that will assist the City in the removal and disposal of derelict vessels from public waters. During strong weather conditions, boats might be shifted and placed in areas where they can develop into a hazardous condition or serious risk to our residents and visitors. After the proper investigation and identification, an abandoned vessel becomes a derelict vessel only after all available means to identify or contact the owner have failed. The retention of a recognized and ensured contractor with the expertise on in the removal of vessels would allow the City to respond in a more expeditious manner. The City currently has contracts with the following four companies for the provision of these services: Blue Water Marine, Dock and Marine, Biscayne Towing, and H20 Tow. The current contracts are schedule to expire on May 6, 2012 and have one (1) additional option for renewal. The scope of services would include: 1. Dive patch and re-float with a pollution stand-by crew the vessels which will include a salvage master, divers, patching materials, pumps, compressors and other specialized equipment necessary to recover the sunken vessels, 2. Tow re-floated vessels to a county landfill area for disposal. 3. Documentation of all work performed. The proposed cost shall include all applicable fuel surcharges, taxes, or county waste tariffs. THE ADMINISTRATION RECOMMENDS THE ISSUANCE OF THE RFP. Advisory Board Recommendation: Financial Information: Source of Funds: OBPI Financial Impact Summary: N/A MIAMI BEACH 27 AGENDA ITEM _(!_J.._A'---_ DATE ~-1-IL City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Membe:;ss of the Cit Commission FROM: Jorge M. Gonzalez, City Manager ) DATE: February 8, 2012 u SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE REMOVAL AND DISPOSAL OF DERELICT VESSELS. ADMINISTRATION RECOMMENDATION Approve Issuance of the RFP. KEY INTENDED OUTCOMES SUPPORTED Maintain Miami Beach Public Areas & Rights of Ways City Wide. Maintains City's Infrastructure. BACKGROUND In the event of an emergency, such as a hurricane, the City would lack sufficient resources to undertake recovery operations such as the removal and disposal of derelict vessels. The purpose of this RFP is to retain sea-towing disposal contractors that will assist the City in the removal and disposal of derelict vessels from public waters. During strong weather conditions, boats might be shifted and placed in areas where they can develop into a hazardous condition or serious risk to our residents and visitors. After the proper investigation and identification, an abandoned vessel becomes a derelict vessel only after all available means to identify or contact the owner have failed. The retention of a recognized and ensured contractor with the expertise on in the removal of vessels would allow the City to respond in a more expeditious manner. The City currently has contracts with the following four companies for the provision of these services: Blue Water Marine, Dock and Marine, Biscayne Towing, and H20 Tow. The current contracts are schedule to expire on May 6, 2012 and have one (1) additional option for renewal. The resulting contracts will be in effect for the beginning of the Hurricane Season, June 15 \ 2012. ; The term of contract will be for three (3) years with the sole option and discretion of the City to renew for two (2) additional one (1) year periods. SCOPE OF SERVICES The scope of services would include: 1. Dive patch and re-float with a pollution stand-by crew the vessels which will include a salvage master, divers, patching materials, pumps, compressors and other specialized equipment 28 Commission Memo Removal and Disposal of Derelict Vessels RFP January 8, 2012 Page 2 of3 necessary to recover the sunken vessels, 2. Tow re-floated vessels to a county landfill area for disposal. 3. Documentation of all work performed. The proposed cost shall include all applicable fuel surcharges, taxes, or county waste tariffs. EVALUATION PROCESS The procedure for proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of proposals. 3. Opening and listing of all proposals received. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further information is desired, proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. The Evaluation Committee shall base its recommendations on the following factors, for a total of 1 00 possible points: Evaluation Criteria/Factors: 1. 2. 3. 4. 5. The experience and qualifications of the contractor The experience and qualifications of the Team Cost Methodology and approach. Performance Evaluation Surveys Weight 20 points 15 points 40 points 15 points 10 points LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the proposal or proposals, acceptance of which the City Manager deems to be in the best interest of the City. 29 Commission Memo Removal and Disposal of Derelict Vessels RFP January 8, 2012 Page 3 of3 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 proposal or proposals. 8. In any case, City Commission shall select the proposal or proposals acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 9. Negotiations between the selected proposer and the City Manager 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 proposer other than the top-ranked proposer if the negotiations with the top-ranked proposer fail to produce a mutually acceptable contract within a reasonable period of time. 10. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. 11 . If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected proposer(s) has (or have) done so. Important Note: By submitting a proposal, all proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. CONCLUSION: The Administration recommends that the Mayor and the City Commission authorize the issuance of a Request for Proposals (RFP) for the Removal and Disposal of Derelict Vessels. JMG/PDW/GL T:\AGENDA\2012\2-8-12\Derelict Vessells RFP-Memo.docx 30 D • COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Issue A Request For Proposals (RFP) For Disaster Recovery Services. Key Intended Outcome Supported: Maintain Miami Beach Public Areas & Rights of Ways City Wide. Maintains City's Infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Whether the Mayor and City Commission should approve the issuance of the RFP? Item Summary/Recommendation: In the event of an emergency, such as a Hurricane, the City would lack sufficient resources to undertake recovery operations. While assistance is available from the County, State and Federal governments, it is not sufficient to restore a community that has suffered a catastrophic disaster. Also, the resources of the various governments are spread thin over the affected areas, necessitating contracted private sector assistance. It is in the City's best interest to enter into agreements with additional vendors with the capability and flexibility in the event of a major disaster. In the event of a declared emergency and the emergency is of sufficient magnitude that the City needs to utilize disaster related services. FEMA as the principal federal agency dealing with disaster recovery prefers that agreements for disaster services be put in place prior to an emergency and where possible, the services be obtained by bidding processes. The scope of services will include, but will not be limited to items such as: • Emergency road clearance; • Debris removal from public rights-of-way; • Removal of hazardous stumps; • Leaning trees/limbs; • Temporary debris staging areas and reduction sites; • Debris disposal; • Hazardous waste abatement; • Sand screening; • Technical Assistance; and • Quality assurance. THE ADMINISTRATION RECOMMENDS THE ISSUANCE OF THE RFP. Advisory Board Recommendation: Financial Information: Source of Funds: ::,' OBPI T()tEl.l Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Gus Lopez, ext. 6641 Sign-Offs: H 31 AGENDA ITEM ~{!,..:...;l-='/3:::;..___ DATE .;2-3-/J- City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Mem:zbrs of th City Commission FROM: Jorge M. Gonzalez, City Manager ~ DATE: February 8, 2012 \j SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR DISASTER RECOVERY SERVICES. ADMINISTRATION RECOMMENDATION Approve Issuance of the RFP. KEY INTENDED OUTCOMES SUPPORTED Maintain Miami Beach Public Areas & Rights of Ways City Wide. Maintains City's Infrastructure. BACKGROUND In the event of an emergency, such as a Hurricane, the City would lack sufficient resources to undertake recovery operations. While assistance is available from the County, State and Federal governments, it is not sufficient to restore a community that has suffered a catastrophic disaster. Also, the resources of the various governments are spread thin over the affected areas, necessitating contracted private sector assistance. It is in the City's best interest to enter into agreements with additional vendors with the capability and flexibility in the event of a major disaster. In the event of a declared emergency and the emergency is of sufficient magnitude that the City needs to utilize disaster related services. FEMA as the principal federal agency dealing with disaster recovery prefers that agreements for disaster services be put in place prior to an emergency and where possible, the services be obtained by bidding processes. The City currently has contracts with the following six (6) companies for the provision of these services: Grubbs, Bamaco, Ashbritt, Inc, Phillips & Jordan, Ceres Environmental, and Crowder Gulf. The current contracts expire on January 31, 2012 and have two (2) adoitional options for renewal. The agreements will remain in effect until the execution of new contracts. The contracts will be in effect for the beginning of the Hurricane Season, June 15 \ 2012. The term of contract will be for three (3) years with the sole option and discretion of the City to renew for two (2) additional one (1) year periods. 32 Commission Memo Disaster Recovery Services RFP February 8, 2012 Page 2 of5 SCOPE OF SERVICES The scope of services will include, but will not be limited to items such as emergency road clearance, debris removal from public rights-of-way, removal of hazardous stumps, leaning trees/limbs, temporary debris staging areas and reduction sites, debris disposal, hazardous waste abatement, and sand screening. Debris Management. Successful Proposer shall be responsible for the removal of all hazards to life from the disaster. Clean-up, demolition, and removal shall be work authorization approved by the City Manager, or his designee, by individual work authorizations. Clean-up, demolition, and removal shall be limited to eligible debris. Eligible debris is that which after it's clean-up, demolition, and removal: 1) eliminates immediate threats to life, public health, ands safety; 2) eliminates threats of significant damage to improved public or private property; and 3) is essential by its absence of ensuring economic recovery. Technical Disaster Recovery Assistance. Successful Proposer will provide disaster recovery technical assistance to the City's Administration. The assistance shall include documentation and management for the public assistance program, planning, training, and exercise development, as well as attendance at the City of Miami Beach Emergency Operations Center (EOC) during activation of the EOC for exercise and actual emergency events as requested by the City Manager. Logistical Staging Area. Successful Proposer shall provide for the operations and management of the Logistical Staging Areas to facilitate disaster recovery operations. Specifically, Successful Proposer shall provide for the supplies and labor for the operations and management needed to establish Logistical Staging Areas within the specifications and quantities as listed in the work authorizations and the notice to proceed. Supervision by Successful Proposer. Under the general oversight of the City, Successful Proposer shall supervise and direct all work, workers, and equipment. Successful Proposer is solely responsible for the means, methods, techniques, sequences, safety programs, and procedures utilized. Successful Proposer shall employ and maintain on the work site a qualified Supervisor(s) who shall have full authority to act on behalf of Successful Proposer, and all communications given to the supervisor in writing by the City's Authorized Representative shall be as binding as if given to Successful Proposer. Emergency Road Clearance. Successful Proposer shall accomplish the cutting, tossing, and/or pushing of debris, hanging limbs, or leaning trees from primary roads as identified and directed by the City. The debris shall be stacked on the right-of-way to allow passage of vehicles along the primary ~ransportation routes. Debris Removal from Public Right-of-Way. As directed by the City, Successful Proposer shall load and haul all eligible debris to a City designated Temporary Debris Storage and Reduction Site (TDSRS) or other disposable destination. Debris Separation/Reduction and TDSRS Management. Successful Proposer shall operate and manage the TDRSRS to accept and process all event debris. Successful Proposer shall perform any site preparation, to include but not limited to: 1) building and/or maintaining roads; 33 Commission Memo Disaster Recovery Services RFP February 8, 2012 Page 3 of5 2) construction of a roofed inspection tower sufficient for a minimum of three inspectors; 3) any environmental requirements necessary to include wind control fencing, silt fencing, hazardous material containment area, and/or water retention beams. All debris will be processed in accordance with all local, state, and federal rules, standards, and regulations. Processing may include, but is not limited to, reduction by tub grinding, incineration when approved, or other alternate methods of reduction such as compaction. Prior to reduction, all debris will be segregated between vegetative debris, C&D, recyclable debris, white goods, and hazardous waste. Upon the closure of the TDSRS the site will be restores to its Pre-Use Condition. Hazardous Stumps. Successful Proposer shall remove hazardous stumps as identified and directed by the City of Miami Beach. Stump removal shall include backfilling the void with appropriate fill material and hauling the stumps the TDSRS. Sand Screening. As directed by the City, Successful Proposer shall screen sand to removal all eligible debris deposited by the event. This process includes the collection of debris laden sand, transporting the sand to the processing screen located in the beach, processing the debris laden sand through the screen and returning the sand to the approximate original location. Debris removed from the sand will be collected, hauled, and processed as ROW debris. Final Deposit. Successful Proposer shall load and transport processed debris to and from the TDSRS to a final disposal site as directed by the City. Technical Assistance. Successful Proposer shall provide disaster recovery technical assistance to City's Administration. This service shall include documentation and management for the public assistance program, planning, training, and exercise development Quality Assurance. Successful Proposer shall provide sufficient supervision and programmatic controls to ensure compliance with procedural and regulatory standards established by FEMA, State of Florida, and the City of Miami Beach. EVALUATION PROCESS The procedure for proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of proposals. 3. Opening and listing of all proposals received. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further~information is desired, proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. 34 Commission Memo Disaster Recovery Services RFP February 8, 2012 Page 4 of5 The Evaluation Committee shall base its recommendations on the following factors, for a total of 100 possible points: Evaluation Criteria/Factors: 1. Firm's Experience in Disaster Recovery Services 2. Qualifications of Project Team 3. Cost 4. Methodology and Approach 5. Past Performance Evaluation Surveys Weight 35 points 20 points 25 points 10 points 10 points LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the proposal or proposals, 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 proposal or proposals. 8. In any case, City Commission shall select the proposal or proposals acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 9. Negotiations between the selected proposer and the City Manager 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 proposer other than the top-ranked proposer if the negotiations with the top-ranked proposer fail to produce a mutually acceptable contract within a reasonable period of time. 10. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. 11. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected proposer(s) has (or have) done so. Important Note: By submitting a proposal, all proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both 35 Commission Memo Disaster Recovery Services RFP February 8, 2012 Page 5 of5 parties. CONCLUSION: The Administration recommends the issuance of the RFP for Disaster Recovery Services. JMG/PDW/GL T:\AGENDA\2012\2-8-12\Disaster Recovery Services RFP-Memo.docx 36 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Issue A Request For Proposals (RFP) For Emergency Disaster Debris Monitoring Services. Key Intended Outcome Supported: Maintain Miami Beach Public Areas & Rights of Ways City Wide. Maintains City's Infrastructure Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Whether the Mayor and City Commission should approve the issuance of the RFP? Item Summary/Recommendation: A comprehensive debris management plan is an essential and critical element in the efficient recovery efforts when a disaster strikes. Emergency crews can only access critical areas of the City as well as handle emergency health and welfare cases if debris is removed from the roads and access areas. The Federal Emergency Management Agency (FEMA) provides public assistance funds for debris clearance and removal and disposal operations. Eligible applicants include State and local governments. In order for the City of Miami Beach to receive assistance for disaster debris removal the City must implement a debris removal monitoring service. This service is provided by independent consultants that are selected by the City to provide this service. Monitoring of debris removal and disposal contractor activities is a critical component in successful debris operations and in the justification and documentation of any application for FEMA Public Assistance funding. The responsibility of these Consultants will be to deploy trained debris monitors to observe and document contractor activities. At a minimum these monitors should be stationed at all pick-up and disposal sites. The scope of services will include, but will not be limited to items such as: • Conduct post-storm debris quantifications and response operations planning • Monitor multiple contractors, at the direction of the City • Certify contractor vehicles and complete safety checklists • Issue and sign multipart load tickets from field monitored positions • Conduct staging area monitoring to include validating truck haul quantities signing lead tickets and ensuring trucks are empty on departure • Implement and maintain a disaster debris operations management system linking load ticket and Temporary Debris Management Site (TOMS) information to support reconciliation and documentation • Troubleshoot collection delays and other operational issues in work areas • Provide daily and weekly updates to the City • Conduct final inspections, monitor TDMS restoration and deliver closeout reports • Perform other related assignments as directed by the debris management office or designated City personnel THE ADMINISTRATION RECOMMENDS THE ISSUANCE OF THE RFP. Advisory Board Recommendation: Financial Information: Source of Funds: OBPI Financial Impact Summary: MIAMIB 37 AGENDA ITEM C;l C DATE cJ-3-/2- M!A/'v'\J BE: City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager \ ~ February 8, 2012 U SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR EMERGENCY DISASTER DEBRIS MONITORING SERVICES. ADMINISTRATION RECOMMENDATION Approve Issuance of the RFP. KEY INTENDED OUTCOMES SUPPORTED Maintain Miami Beach Public Areas & Rights of Ways City Wide. Maintain City's Infrastructure. BACKGROUND A comprehensive debris management plan is an essential and critical element in the efficient recovery efforts when a disaster strikes. Emergency crews can only access critical areas of the City as well as handle emergency health and welfare cases if debris is removed from the roads and access areas. The Federal Emergency Management Agency (FEMA) provides public assistance funds for debris clearance and removal and disposal operations. Eligible applicants include State and local governments. On August 28, 2005, FEMA determined that the damage in certain areas of the State of Florida resulting from Hurricane Katrina which occurred on August 24, 2005, and with Hurricane Wilma shortly after, were sufficient in severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121- 5206 (the Stafford Act). FEMA was authorized to provide assistance for debris removal and emergency protective measures (Categories A and B) under the Public Assistance program, in the designated Florida disaster areas, Hazard Mitigation throughout the State, and any other forms of assistance under the Stafford Act to be deemed appropriate. Direct Federal assistance was authorized and Miami-Dade County as well as the City of Miami Beach was eligible for assistance for Debris Removal services. In order for the City of Miami Beach to receive assistance for disaster debris removal the City must implement a debris removal monitoring service. This service is provided by independent consultants that are selected by the City to provide this service. Monitoring of debris removal and disposal contractor activities is a critical component in successful debris operations and in the justification and documentation of any application for FEMA Public Assistance funding. The responsibility of these Consultants will be to deploy trained debris monitors to observe and document contractor activities. At a minimum these monitors should be stationed at all pick-up and disposal sites. 38 Commission Memo Emergency Disaster Debris Monitoring Services RFP February 8, 2012 Page 2 of4 The City currently has contracts with the following four companies for the prov1s1on of these services: CRB Environmental, Malcolm Pirnie, Beck, Inc and CDM. The current contracts are schedule to expire on September 1 , 2012 and have two (2) additional options for renewal. The resulting contracts will be in effect for the beginning of Hurricane Season, June 15 \ 2012. SCOPE OF SERVICES Provide Disaster Debris Monitoring Services in the City of Miami Beach. To perform these services, the CONSULTANT shall: • Conduct post-storm debris quantifications and response operations planning • Monitor multiple contractors, at the direction of the City • Certify contractor vehicles and complete safety checklists • Issue and sign multipart load tickets from field monitored positions • Conduct staging area monitoring to include validating truck haul quantities signing lead tickets and ensuring trucks are empty on departure • Implement and maintain a disaster debris operations management system linking load ticket and Temporary Debris Management Site (TOMS) information to support reconciliation and documentation • Troubleshoot collection delays and other operational issues in work areas • Provide daily and weekly updates to the City • Conduct final inspections, monitor TOMS restoration and deliver closeout reports • Perform other related assignments as directed by the debris management office or designated City personnel Note: Payment(s) for such services must not exceed reasonable limits acceptable to FEMA. The term of contract will be for three (3) years with the sole option and discretion of the City to renew for two (2) additional one (1) year periods. EVALUATION CRITERIA The procedure for proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of proposals. 3. Opening and listing of all proposals received. ; 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further information is desired, proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. 39 Commission Memo Emergency Disaster Debris Monitoring Services RFP February 8, 2012 Page 3 of4 The Evaluation Committee shall base its recommendations on the following factors, for a total of 1 00 possible points: Evaluation Criteria/Factors: • The experience and qualifications of the Consultant • The experience and qualifications of the Key Personnel • Cost • Methodology and Approach. • Plan for ensuring quality of work • Past performance Evaluation Surveys Weight 15 points 25 points 30 points 10 points 10 points 10 points LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the proposal or proposals, 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 proposal or proposals. 8. In any case, City Commission shall select the proposal or proposals acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 9. Negotiations between the selected proposer and the City Manager 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 proposer other than the top-ranked proposer if the negotiations with the top-ranked proposer fail to produce a mutually acceptable contract within a reasonable period of time. 10. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. 11. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected proposer(s) has (or have) done so. 40 Commission Memo Emergency Disaster Debris Monitoring Services RFP February 8, 2012 Page 4 of4 Important Note: By submitting a proposal, all proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. CONCLUSION: The Administration recommends the issuance of the RFP for Emergency Disaster Debris Monitoring Services., T:\AGENDA\2012\2-8-12\Debris Monitoring Services RFP-Memo.docx 41 THIS PAGE INTENTIONALLY LEFT BLANK 42 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Issue A Request For Proposals (RFP) For The Installation And Operation Of Cit ide Automated Teller Machines (ATM at various Cit -owned roperties and facilities. Key Intended Outcome Su!Jported: Improve the City's Overall Financial Health Supporting Data (Surveys, Environmental Scan, etc.): Issue: I Whether the City Commission should approve the issuance of the RFP? Item Summa /Recommendation: The purpose of this Request for Proposals (RFP) is to establish a contract for the installation, operation, maintenance, and management of automated teller machines (ATMs) to be located at various City-owned properties and facilities. This RFP is intended to be revenue generating and should not create any operational costs for the City. This contract shall be for a term of three (3) years and may be renewed for an additional two (2) one- year periods. The initial contract prices resultant from this RFP shall prevail for a three (3) year(s) period from this contract's initial effective date. Prior to, or upon completion, of that initial term, the City shall have the option to renew this contract for an additional two (2) one-year(s) period. The successful contractor shall maintain, for the entirety of the stated additional period(s), the same prices, terms, and conditions included within the originally awarded contract. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative, and not a right of the successful contractor. . Award of the contract will be made to the responsive, responsible contractor who meets the qualifications and experience requirements, has a proven track of record of successfully managing and operating ATM accounts, and submits an offer that provides the highest per transaction revenue to the City. The City will award a contract to a single contractor for all sites/facilities. APPROVED THE ISSUANCE. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 OBPI Total Financial lmll_act Summary_: Ci Clerk's Office Le islative Trackin Anna Parekh, ext. 6471 Si n-Offs: AP T:\AGENDA\2012\2 MIAMI B,EACH Account t City Manager 43 Approved AGENDA .ITEM _C_.;J.-=D __ DATE &-ff-/J- ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: M<>un.r..ou•a i ~~w and Membe of the City Commission FROM: Gonzalez, City Manager DATE: February 8, 2012 SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE INSTALLATION AND OPERATION OF CITYWIDE AUTOMATED TELLER MACHINES (ATM) AT VARIOUS CITY -OWNED PROPERTIES AND FACILITIES. ADMINISTRATIVE RECOMMENDATION Approve the issuance of the RFP. KEY INTENDED OUTCOMES fKIOs) SUPPORTED Improve the City's Overall Financial Health BACKGROUND The purpose of this Request for Proposals (RFP) is to establish a contract for the installation, operation, maintenance, and management of automated teller machines (ATMs) to be located at various City-owned properties and facilities. This RFP is intended to be revenue generating and should not create any operational costs for the City. This contract shall be for a term of three (3) years and may be renewed for an additional two (2) one-year periods at the City's sole discretion. The successful contractor shall maintain, for the entirety of any renewal period, the same revenue share, terms, and conditions included within the originally awarded contract. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative, and not a right of the successful contractor. Award of this contract will be made to the responsive, responsible contractor which meets the qualifications and experience requirements; has a proven track of record of successfully managing and operating ATM accounts; and submits an offer that provides the highest per transaction revenue per ATM. While it is the City's intention is to award a contract to a single vendor for all sites, the City may, if it is in the City's best interest, award a contract to more than one vendor. 44 Commission Memo RFPforATMs February 8, 2012 Page 2 of7 ACCEPTANCE OF THE ATM MACHINES BY THE CITY The ATM machines to be provided hereunder shall be delivered to the City, and maintained in full compliance with the specifications and requirements set forth in the RFP and subsequent contract. If an A TM machine is determined to not meet the specifications and requirements of the contract, either prior to acceptance or upon initial inspection, the ATM will be removed by the contractor. The contractor shall provide a direct replacement for the non-compliant ATM. The contractor shall not assess any charge(s) for any conforming action taken by the City under this clause. ADDITIONAL FACILITIES MAY BE ADDED Although the RFP and resulting contract identifies specific facilities to be serviced, the contractor will agree and understand that any City facility may be added to their contract at the sole option of the City. The City envisions adding ATMs at the Miami Beach Convention Center after the existing agreement with City Cash expires on September 30, 2013. When required by the pricing structure of the contract, contractor under their contract shall be invited to submit price quotes for these additional facilities. If these quotes are determined to be fair and reasonable, then the additional facility will be awarded to the contractor who offers the highest revenue share to the City based on a per transaction basis. DELETION OF FACILITIES Although this RFP identifies specific facilities to be serviced, the contractor will agree and understand that the City may delete service for any facility when such service is no longer required during the contract period; upon fourteen (14) calendar day's written notice to the contractor. LICENSES, PERMITS AND FEES The contractor shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein related to the installation and proper functioning of the ATM machines. Damages, penalties and or fines imposed on the City or the contractor for failure to obtain required licenses, permits or fines shall be borne by the contractor. SUBSTITUTION OF ATM DURING TERM OF CONTRACT Substitute brands or models may be considered during the contract period for discontinued or defective/damaged models. The bidder shall not deliver any substitute ATM as a replacement for a brand or model without express written consent of the City. Substitute ATMs must be of equal or better quality than the original equipment. 45 Commission Memo RFPforATMs February 8, 2012 Page 3of7 ATM REQUIREMENTS Each ATM must accept a combination of credit, debit or check cashing cards, as well as government-issued entitlement cards such as EBT cards provided to Social Security, Medicare and/or Medicaid recipients. Each A TM should provide access to other area bank ATM cardholders whose banks are part of local, regional, national and/or international networks. Each ATM shall offer, at a minimum, the capability of processing at least three (3) networks such as: "Plus", "Cirrus", "Pulse", "Honor", "MAC", "NYCE", "Quattro", "Presto", "Star'', and/or others. In addition, each A TM shall offer, at a minimum, Visa and MasterCard credit card acceptance. Each A TM shall provide cash withdrawal from checking and/or savings accounts, account transfers, and balance inquiries. Each ATM shall be capable of dispensing paper currency in at least three (3) denominations, for example, fives ($5), tens ($10), and twenties ($20). The ATMs must be attractive, functional, and resistant to rough usage and vandalism. A TMs shall have the capability of being programmed in at least two (2) languages. The City prefers English and Spanish. ATMs must have systems management capabilities for predicting, assisting, and reporting maintenance. All A TMs shall be clearly marked with the A TM number, and have a 24-hour toll free telephone number to call for inquiries, maintenance issues, complaints or customer service issues. A TM's should be located within enclosed areas, such as lobby entrance. ATM's should be located against solid walls and away from any glass doors or storefront glass. A TM's should not be located within open terraces or verandas, or within open courtyards. ATM's should not obscure or block historic or architecturally significant features, finishes or fixtures. SERVICES The contractor shall, at its sole cost and expense, install, operate, and maintain the ATM machines at City approved locations in the facilities described herein. The City will cause all necessary utility lines and services to be brought to the premises to facilitate the installations. The ATMs shall be installed in a manner compatible with the existing electrical, mechanical, and structural design of the premises. 46 Commission Memo RFPforATMs February 8, 2012 Page 4 of7 A TM services shall be provided with consideration regarding the regular scheduled opening and closing of the buildings. ATM services shall be available 24 hours per day, 7 days per week, including holidays. The contractor shall regularly service each A TM so that it will at all times be properly stocked, cleaned, and in condition for use. The contractor shall keep the ATM locations in good order and repair and shall not allow the accumulation of waste in the areas. The contractor shall repair any holes in the walls and flooring resulting from the installation or removal of the ATM machines. The contractor shall provide a twenty-four (24) hour response time for machine repairs and/or replacement. The contractor shall be responsible for any security services in addition to those customarily provided at the building, and will be liable for any amount and damage to equipment installed and any contents of the ATM machines. The awarded contractor shall pay for the telephone services associated with the ATMs. REPORTING REQUIREMENTS The contractor shall keep detailed monthly records on the number of total viable transactions and foreign transactions separately for each A TM machine to determine commissions payable to the City. The contractor shall provide detailed records on the monthly transactions per machine and submit such reports to the City's Contract Administrator, no later than the fifteenth (15th) of each month for the preceding reporting period. PAYMENTS AND TRANSACTION FEES The monthly flat rate fees are due and payable in advance on the first (1 5t) day of each month. Foreign transaction fee payments are to be remitted to the City on a monthly basis. Foreign transaction fees earned in one month shall be remitted no later than the fifteenth (15th) of the next month or the next business day if the 15th falls on a weekend or holiday. The contractor shall disclose to the City the transaction fee charges and/or surcharges levied to cardholders and non-cardholders. Transaction fees or surcharges exceeding three dollars ($3.00) per viable transaction must receive prior written approval by the City. 47 Commission Memo RFPforATMs February 8, 2012 Page 5of7 REQUIRED SUBMITTALS The contractor must provide written evidence of the following minimum criteria requirements: Be on a list of Qualified Public Depositories as designated by the Office of State Treasurer, and a.s required by the Florida Security of Public Deposits Act, Chapter 280, Florida Statutes. Be a member of the Federal Reserve System. Be an originating depository financial institution authorized by the Federal Reserve System. Be an originating depository financial institution authorized by the Federal Reserve to originate direct deposits. Must provide at least five (5) clients as references, preferably government agencies. PERFORMANCE BOND OR ALTERNATE SECURITY: The successful contractor shall furnish the City with a security deposit, as agreed to by the City. Said security shall serve to secure the successful contractor's performance in accordance with the provisions of the concession agreement. In the event the successful proposer fails to perform in accordance with said provisions, the City may retain said security, as well as pursue any and all other legal remedies provided in the concession agreement, or as may be provided by applicable law. MINIMUM GUARANTEE (MG): In consideration of the City executing a concession agreement and granting the rights provided in the agreement, the successful contractor shall guarantee and pay to the City an annual minimum concession fee. PERCENTAGE OF GROSS (PG): During the initial term and any approved renewal term, the successful contractor shall pay the City a percentage of its gross receipts. During any term of the concession agreement, if the amount of the annual PG is greater than the annual MG, then the successful proposer shall pay to the City the difference between the PG amount and the MG amount. In the event that the City chooses to extend the term of the; concession agreement for any renewal term(s), the renewal term(s) MG shall be increased in a manner to be negotiated between the City and successful contractor. ATM LOCATIONS All locations will have at least one (1) machine. For any historic properties (identified with an asterisks (*) below), a Certificate of Appropriateness will be required to be obtained by the successful contractor. 48 Commission Memo RFPforATMs February 8, 2012 Page 6 of7 1. CITY HALL PARKING GARAGE 1755 Meridian Avenue 2. 1701 MERIDIAN AVENUE (CITY HALL ANNEX)-LOBBY 777 17th St. 3. SCOTT RAKOW YOUTH CENTER AND ICE RINK 2700 Sheridan Avenue 4. *HISTORIC CITY HALL 1130 Washington Avenue 5. *SOUTH SHORE COMMUNITY CENTER 833 6TH Street 6. *21st STREET RECREATION CENTER 2100 Washington Avenue 7. *OCEAN FRONT AUDITORIUM 1001 Ocean Drive 8. NORTH SHORE RECREATION CENTER & TENNIS CENTER 501 72N° Street 9. *POLICE ATHLECTIC LEAGUE AND RECREATION CENTER 999 11 ST 10. *FLAMINGO PARK TENNIS 1235-1255 Michigan Avenue, inside Flamingo Park 11. *7th STREET PARKING GARAGE 210 7TH St. 12. *12th STREET PARKING GARAGE 512 12TH St. 13. *13th STREET PARKING GARAGE 1301 Collins Avenue 14. *16th STREET PARKING GARAGE 1557 Washington Avenue 15. 17th STREET PARKING GARAGE 640 1ih St. 16. 42nd STREET PARKING GARAGE 400 42N° Street 17. PENNSYLVANIA GARAGE 1661 Pennsylvania Avenue 18. MIAMI BEACH CONVENTION CENTER (4 ATMs) 49 Commission Memo RFPforATMs February 8, 2012 Page 7of7 1901 Convention Center Drive 19. MIAMI BEACH GOLF CLUB 2301 Alton Road 20. NORMANDY SHORES GOLF CLUB 2401 Biarritz Drive EVALUATION CRITERIA The Evaluation Committee appointed by the City Manager will review all responsive proposals received and score and rank the contractor based on the following criteria: 1. The experience and qualifications of the contractor (30 points); 2. The methodology and approach for a turnkey solution that results in the highest level of customer service while maximizing revenues received by the City (15 points); 3. Successful performance in providing and maintaining ATMs as evidenced by performance evaluation surveys and reference checks conducted by the Administration (25 points); and 4. Proposed per transaction revenue to the City (30 points). CONCLUSION The Administration recommends that the Mayor and City Commission approve the issuance of the RFP with the purpose and intent of providing a service to the public while generating revenue for the City. JMG/HF/MS/AP/GL T:\AGENDA\2012\2-8-12\ATM RFP.docx 50 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract To Mity-Lite Inc. Pursuant To Invitation To Bid 11-11/12, For Purchase And Delive Of Ma netic Portable Dance Floors, In The Total Amount Of $75,373.15. Key Intended Outcome Supported: Improve Convention Center Facility. Supporting Data (Surveys, Environmental Scan, etc.): 2009 Community Satisfaction Survey indicated 61 % occupancy of the Miami Beach Convention Center Issue: Shall the City Commission Approve The Award of Contract? Item Summary/Recommendation: On November 15, 2011, Invitation to Bid (the "ITB") No. 11-11/12, was issued, a Pre-Bid Conference was held on November 29, 2011. Two (2) Addendums were issued to provide additional information and to respond to all questions submitted by the prospective bidders, thus extending the bid opening due date from December 13, to December 16, 2011. Bid Net issued bid notices to 90 prospective bidders. Additionally, the Procurement division notified 10 other contractors via e-mail, which resulted in the receipt of four (4) bids from the following vendors: (1) PS Furniture, Inc., (2) Mity-Lite Inc., (3) SICO America, Inc., (4) Stagestep Inc. After review of the bids received it was determined that three (3) bidders were non-responsive for the following reasons: (1) PS Furniture was deemed non-responsive for failure to provide the bid form by the bid opening date/time, (2) SICO America, Inc. was deemed non-responsive and notified via letter dated January 4, 2011, after determining that the proposed portable dance floors did not meet the bid specifications ("magnetic"); and (3) Stagestep, Inc. was deemed non-responsive for failure to meet bid specifications after a sample of the dance floor was analyzed . An administrative review of the remaining bidders' qualifications, experience, capability, and performance evaluations was conducted. Based on analysis, Mity-Lite Inc. was recommended for award. The Administration recommends Approving the Award. Advisory Board Recommendation: Financial Information: Source of Amount ~ 1 $75,000 440-6036-000672 2 $373.15 440-6808-000676 p Total $75,373.15 Financial Impact Summary: N/A Clerk's Office Le islative Trackin Gus Lopez, Director Ext # 6641 Si ity Manager PDW __ MIAM1BEACH 51 Account AGENDA 1TEM c .;J. E DATE ,J.-ff-12- City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: re~.~~~~r and Members of the City Commission J~e M. Gonzalez, ~nager DATE: February 8, 2012 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT TO MITY-LITE INC., PURSUANT TO INVITATION TO BID (ITB) NO. 11-11/12, FOR PURCHASE AND DELIVERY OF MAGNETIC PORTABLE DANCE FLOORS, IN THE ESTIMATED ANNUAL AMOUNT OF $75,373.15. "" ADMINISTRATION RECOMMENDATION Approve the Award of the contract. KEY INTENDED OUTCOME Improve Convention Center Facility. FUNDING $75,373.15 from Convention Center Fund previously appropriated in FY 2011/12 Capital Budget. ANALYSIS The purpose of this bid was to establish a contract to furnish all labor, material, equipment, supervision and transportation necessary to supply and deliver magnetic portable dance floors for the Miami Beach Convention Center, from a source of supply that will give prompt and efficient service. This Contract shall remain in effect from the time of award by the Mayor and City Commission until completion of delivery. BID PROCESS On November 15, 2011, Invitation to Bid (the -':ITS") No. 11-11/12, was issued, a Pre-Bid Conference was held on November 29, 2011. Two (2) Addendums were issued to provide additional information and to respond to all questions submitted by the prospective bidders, thus extending the bid opening due date from December 13, to December 16, 2011. BidNet issued bid notices to 90 prospective bidders. Additionally, the Procurement division notified 10 other contractors via e-mail, which resulted in the receipt of four (4) bids from the following vendors: 1. PS Furniture, Inc. 2. Mity-Lite Inc. 52 Commission Memo ITB 11-11/12 February 8, 2012 3. SICO America, Inc. 4. Stagestep Inc. After review of the bids received it was determined that two (2) bidders were non-responsive for the following reasons: • PS Furniture was deemed non-responsive for failure to provide the bid form by the bid opening date/time (December 16, 2011 at 3:00pm}, as revised by Addendum No. 2. • SICO America, Inc. was deemed non-responsive and notified via letter dated January 4, 2011, after determining that the proposed portable dance floors did not meet the bid specifications ("magnetic"). In determining the lowest and best bidder, the City utilized the "Best Value" Procurement process to select a contractor with the experience and qualifications; the ability; capability, and capacity; and proven past successful performance for the electric motor rewind and repair services. An administrative review of the two (2) responsive bidders' qualifications, experience, capability, and performance evaluations was conducted by the following individuals: • Max Sklar, Division Director, Tourism and Cultural Development Department; • Angelo Grande, Director of Operations, Miami Beach Convention Center. Samples of the dance floors from both Mity-Lite Inc. (Mity-Lite) and Stagestep Inc. (Stagestep) were requested and compared because of the significant difference in price between the two bidders. Upon review of the sample from both bidders, it was determined that Stagestep's bid was deemed non-responsive for failure to meet the bid specifications. In exercising the City's due diligence, staff compared the pricing provided by Mity-Lite for dealers (which in turn sell the magnetic portable dance floors at a profit) versus the pricing Mity-Lite submitted per the ITB. Staff tabulated a total of $8,089.85 in savings, as follows: 36' x 36' magnetic portable dance floor kit-to include all edges, corners and carts for storage (oak finish, 1 2 146.92 8' x 16' magnetic portable dance floor kit-to include all edges, corners and carts for storage (oak finish, 2 1 274.93 53 2 Commission Memo ITB 11-11/12 February 8, 2012 Universal Corner; silver metal -to fit either dance 3 floor (each) Universal border steel edge ramp; silver -to fit on either dance floor perimeter 4 (each) Cost of Freight Total Amount Guaranteed delivery (in calendar days after receipt of order) 2 10 $ 880.00 $ 960.00 $ 80.00 $ 862.00 $ 950.00 $ 88.00 $ -$ 3,500.00 $ 3,500.00 $ 75,373.15 $ 83,463.00 $ 8,089.85 30 days Therefore, it can be determined that the pricing for the magnetic portable dance floors bid by Mity-Lite is fair and reasonable. Mity-Lite proposes "Magnatech" portable dance floors, which specifications note that magnets will not interfere with electronics, medical devices (i.e.-pacemakers), credit cards or hotel room keys. Based on the analysis of the bids received, it is recommended that the City commission approve a contract award to Mity-Lite. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission Awards a Contract to Mity-Lite, pursuant to ITB No. 11-11/12, for Purchase and Delivery of Magnetic Portable Dance Floors in the total amount of $75,373.15. T:\AGENDA\2012\2-8-12\ITB 11-11-12-Purchase and Delivery of Magnetic Portable Dance Floors-MEMO.docx 3 54 C4 COMMISSION COMMITTEE ASSIGNMENTS 55 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Jorge M. Gonzalez, City Manager Robert Parcher, City Clerk The Hon. Deede Weithorn,"Vice-Mayor January 12, 2012 MEMORANDUM SUBJECT: Referral to Capital Improvement Projects Oversight Committee Please accept this memorandum as a referral for a discussion item at the next regularly scheduled CIPOC meeting to discuss the status of the contract for the capital improvement project taking place in the Biscayne Point Neighborhood and the City's pursuit for a claim against the engineering company. Should you have any questions, please feel free to contact Vice Mayor Weithorn's office at extension 7105. Thank you, 0-4-r:9(ZJ~ Alex J. Fernandez \j Deputy Commissioner to Vice Mayor Deed~ Weithorn We are committed to providing excellent public service and safety to ol~ who live, work, and ploy in 51 C'{/ /} Agenda ltem __ T...;..n.-'---- Date P.-8'-1 z. THIS PAGE INTENTIONALLY LEFT BLANK 58 MIAMIBE CH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Jorge M. Gonzalez, City Manager Robert Parcher, City Clerk Jorge R. Exposito, Commissioner January 26, 2012 MEMORANDUM SUBJECT: Referral to Neighborhood/Community Affairs Committee I would like to refer a discussion item to the Neighborhood/Community Affairs Committee regarding the use of plastic straws on the beach. 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, JRE/bp We are committed to providing excellent public service and safety to all who live, work, and play in our J 59 ·Agenda Item CVB Date ~-({-/2- THIS PAGE INTENTIONALLY LEFT BLANK 60 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: bers of the City Commission FROM: DATE: February 8, 2012 SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE - DISCUSSION OF THE CURRENT MANAGEMENT AND OPERATIONS OF THE CITY'S MIAMI BEACH GOLF COURSES, CLUBHOUSES AND RELATED FACILITIES AND OPTIONS/DIRECTION FOR THE FUTURE MANAGEMENT AGREEMENT ADMINISTRATION RECOMMENDATION Refer the matter to the Finance and Citywide Projects Committee for discussion. BACKGROUND On September 5, 2007, a new management agreement with PCM for the management and operations of the City's Miami Beach Golf Club (including the Par 3 golf course) and the Normandy Shores Golf Club, was approved by the City of Miami Beach Commission. This agreement commenced on October 1, 2007 and is due to expire on September 30, 2012. The Administration is seeking direction from the Finance and Citywide Projects Committee on options for the on-going management and operations of the City's Golf Courses, Clubhouses and Related Facilities. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the matter to the Finance and Citywide Projects Committee for discussion and further direction. JM~KS T:\AGENDA\2012\2-8-12\Referral to FCWPC-Golf Courses Management & Operations Discussionll.doc Agenda Item C Cf C. Date cJ-o-/2- 61 THIS PAGE INTENTIONALLY LEFT BLANK 62 ~ MIAMi BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager February 8, 2012 Referral To The Finance And it ide Projects Committee -Discussion Regarding Consideration Of A etter Agreement Between The City Of Miami Beach And Art Basel Miami Beach Outlining Terms And Conditions For Use Of Public Property By Art Basel Miami Beach. ADMINISTRATION RECOMMENDATION Refer the subject to the Finance And Citywide Projects Committee for discussion. SUMMARY Art Basel Miami Beach (ABMB) was established in 2000 as the sister event of Switzerland's Art Basel, the world's most prestigious art fair for the past 39 years. In just ten years, ABMB has become the preeminent contemporary art fair in the western hemisphere, and an established destination for artists, galleries, collectors, museum groups and other individuals interested in top-notch art. Each year, ABMB spends millions of dollars producing the fair and economists have estimated $400 million to $500 million in related economic impact as a result of the fair. As ABMB grew in popularity, so did the number of requests for temporary art displays or for use of public property in the immediate area of the convention center. The City and ABMB informally established an Art Basel Miami Beach Zone to protect the ABMB brand and limit third party use of public property in this area. The boundaries of the zone include 23rd Street to the north; Lincoln Lane South to the south; Alton road to the west; and the Atlantic Ocean to the east. At this time, the City and ABMB would like to formally memorialize the Art Basel Miami Beach Zone. In order to accomplish this, an amendment to the Special Event Guidelines is require Therefore, the matter is being referred to the Finance and Citywide Projects Com mitt e f r discussion and consideration. T:\AGENDA\2012\2-8-12\Referral to Finance Committee-ABMB.doc Agenda Item C. t; () Date ;2-8'-; 2- 63 THIS PAGE INTENTIONALLY LEFT BLANK 64 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM DATE: February 8, 2012 SUBJECT: REFERRAL TO THE NEIGHBORHOODS/COMMUNITY AFFAIRS COMMITTEE -DISCUSSION REGARDING AMENDING THE CITY CODE TO PROVIDE FOR ALTERNATIVE ENFORCEMENT MEANS AND ESTABLISH A FIXED FINE SCHEDULE FOR CERTAIN PROVISIONS. ADMINISTRATION RECOMMENDATION Refer the matter to the Neighborhoods/Community Affairs Committee ("Committee") for discussion. BACKGROUND Recent amendments to the City's Code of Ordinances relating to particular violations enforced by the Code Compliance Division have included a set fine schedule, where the fines are specifically outlined in the Code for each violation. This allows the alleged violator to know the amount of the fine and provides a set period of time for payment or appeal to the Special Master. This also provides a mechanism to promote compliance in a more timely manner. Alternatively, many typical "quality of life" violations are currently subject to Chapter 30 for compliance, which means that a case must be set before the Special Master for adjudication. The result can include, for example, different fines imposed for identical violations, as well as delays in achieving compliance. Additionally, this also results in heavy Special Master caseloads, which impacts staff resources (as staff must attend). In addition, the Administration has also identified provisions in the City Code that are currently being enforced by the Police Department, but where it may be preferable for Code Compliance Officers to have authority to enforce. An example is the City Code prohibiting bicycles on the Board Walk. The Administration recommends a referral to the Neighborhoods/Community Affairs Committee for discussion of amendments to Chapter 30 to provide for a standardized fine/penalty schedule, which may be applied to certain code violations, as well as whether to change who should be authorized to enforce certain code provisions. JMStsstKTtRsA T:\AGENDA\2012\2-8-12\Referral-Established Fine Schedule and Alternative EnforcemeiY · Agenda Item C.. 'IE 65 Date :1-%-lb THIS PAGE INTENTIONALLY LEFT BLANK 66 (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manag~ February 8, 2012 , O U REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE REGARDING A STATUS REPORT AND UPDATE ON RECENT BUILDING DEPARTMENT ACCOMPLISHMENTS AND ACTIVITIES, INCLUDING A STATUS REPORT ON IMPLEMENTATION OF RECOMMENDATIONS IN THE WATSON RICE STUDY, THE DEVELOPMENT REVIEW PROCESS STAKEHOLDER COMMITTEE, AND OTHER RECENT INITIATIVES AND CHANGES UNDERTAKEN BY THE BUILDING DEPARTMENT. ADMINISTRATION RECOMMENDATION Refer the matter to the Finance and Citywide Projects Committee for discussion. BACKGROUND The Administration recommends that the above referenced item be referred to the Finance and Citywide Projects Committee ("Committee") to allow for a report from the City Manager and the Building Department's new Director, Stephen Scott. The purpose of the report will be to update the Committee on recent developments in the Department, including the Director's work plan for the coming year, a presentation of recent initiatives and improvements, and a discussion of changes made in response to the Watson Rice study. Given the critical role that the Building Department plays in the City's overall economic vitality and well being, and rapid and ongoing changes in the Department, the Administration believes that such a report would allow for discussion and feedback from the Committee and the City Commission regarding the Department. JMG/JGG/SS/KT T:\AGENDA\2012\2-8-12\FCWPC Referral Item-Building.doc 67 . Agenda Item C r-F Date .;2-J'-12- THIS PAGE INTENTIONALLY LEFT BLANK 68 MIAMIBE C City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager \..r-{ February 8, 2012 U DATE: SUBJECT: Referral to Planning Board-De-Intensification of the 1-1 Light Industrial District. ADMINISTRATION RECOMMENDATION Forward the proposed ordinance to Planning Board for its review and recommendation with the criteria listed below. SUMMARY At the January 18, 2012 meeting, the Land Use and Development Committee had a discussion regarding an amendment to the City Code related the de-intensification of the 1-1 Light Industrial District. This item was requested by Commissioner Jonah Wolfson at the April 13, 2011 City Commission Meeting (Item C40). The Committee recommended referring this to the Planning Board. The ordinance proposes to review reductions in parking requirements for small businesses in the Sunset Harbour neighborhood. The Committee discussed what the correct threshold should be for parking reductions, which would encourage neighborhood commercial establishments and discourage destination restaurants and retail. The Committee decided that the ordinance should include the following criteria: • Within Sunset Harbour neighborhood, eliminate parking requirements for restaurants of 100 seats or less, and up to 3,500 sq. ft., and for retail stores up to 3,500 sq. ft. • Requirement for Conditional Use for alcoholic beverage establishments greater than 1 00 restaurant seats or 125 person patron occupancy content. • Requirement for Conditional Use for main use parking garages in 1-1 district. • Consideration of permitting the satisfaction of required parking through the payment of a fee in-lieu of parking for developments of <10,000 sq. ft. of new construction. • Also bring back to the LUDC an ordinance addressing the issues associated with parking garages and mechanical parking systems. The Committee discussed also amending the ordinance and change "alcoholic beverage establishme ,"to "restaurants with alcoholic license." (;....\. JMG/ /RGUML T:\AGENDA\2012\2-8-12\Referral to Planning Board -1-1 Light industrial district.docx 69 Agenda Item C. V &- Date ;; -;--; 2- THIS PAGE INTENTIONALLY LEFT BLANK 70 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Jorge Gonzalez, City Manager Jerry Libbin, Commissioner /{ d January 27, 2012 p-( MEMORANDUM SUBJECT: Consent agenda item for the February 8, 2012 Commission meeting; a referral to the Neighborhood and Community Affairs Committee Please refer to the Neighborhood and Community Affairs Committee a discussion r<;:Jgarding a draft ordinance that regulates private parki_ng lots or facilities with automated pay machines. Please contact my office at ext. 71 06 if you have any questions. JL/er 71 Agenda Item C Y f/ Date ~-Y-1?- THIS PAGE INTENTIONALLY LEFT BLANK 72 ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Ed Tobin, Commissioner DATE: February 1, 2012 SUBJECT: Referral to Neighborhoods for February 81h, Commission Meeting Please place on the February 81h Commission Meeting Agenda a referral to Neighborhoods Committee regarding Landscape Encroachments in Single Family Home neighborhoods. If you have any questions please contact, Dessiree Kane at Extension 627 4 ET/dk We ore commttted to providing excellent public service and safety to all who live, work, and play in 73 Agenda Item C.. Lfi Date ;2-0 -;z_ THIS PAGE INTENTIONALLY LEFT BLANK 74 C6 COMMISSION COMMITTEE REPORTS 75 0 en ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: February 8, 2012 SUBJECT: REPORT OF THE NEIGHBORHOODS/COMMUNITY AFFAIRS COMMITTEE MEETING HELD ON THURSDAY, DECEMBER 8, 2011. A meeting of the Neighborhoods/Community Affairs Committee was scheduled for Thursday, December 8, 2011 at 3:00 pm in the City Manager's Large Conference Room, 4th Floor in City Hall. Commissioners in attendance: Commissioners Jerry Libbin, Deede Weithorn, and Michael Gongora. Members from the Administration and the public were also in attendance. Please see the attached sign-in sheet. THE MEETING OPENED AT 3:20PM 1. DISCUSSION OF POTENTIAL POLICIES FOR THE NOMINATION/NUMBER OF MEMORIALS OR COMMEMORATIVE PLAQUES. (Referred at February 9, 2011 Commission, Item R7 A), Requested by Commissioner Tobin) (3:45 PM) Kevin Smith, Parks and Recreation Department Director, reviewed the history of this item and the options listed in the memo included in the agenda package. David Coggin spoke. Commissioner Libbin expressed his concern with sudden proliferation of requests for monuments/memorials. His preference was to limiting Commissioners and the Mayor to one (1) request per term of elected office. Commissioner Gongora stated that while the proposal is logical and correct, the Commission should just start saying no instead of just going along with recommendations/requests. Commissioner Weithorn made the motion to recommend limiting Commissioners and the Mayor to one (1) monument/memorial recommendation per term of elected office and that if the request is coming from a third party, then the cost and maintenance will be their responsibility, and allowing the Commission, with a 6/7 vote, to waive that financial responsibility requirement. Commissioner Libbin seconded. Commissioner Gongora voted no. Commissioner Gongora suggested adding language requiring that any individual with a memorial or commemorative plaque be in good standing and if convicted/adjudicated of a felony, their name shall be removed. Commissioner Weithorn also suggested that the Administration add whatever language is necessary for any administrative cleanup. Hilda Fernandez, Assistant City Manager, reviewed the recommended alternative for streamlining the process for handling the monuments/memorials as follows: 77 C""A Agenda Item -~IP_.__..___ Date d--3-/L City Commission Memorandum February 8, 2012 Report of the Neighborhoods /Community Affairs Committee of December 8, 2011 Page 2 of6 • Recommendations for monuments or memorials are referred by the sponsoring commissioner to the appropriate Commission committee. • If the committee approves (with the required majority) the placement of a memorial plaque, that recommendation is forwarded to the full City Commission to set a public hearing. • If the committee approves a monument or a memorial that is not a plaque (e.g. a site, bust, sculpture, structure, art work), the recommendation is forwarded to the Art in Public Places Committee (AiPP) for their review and recommendation as to location, aesthetic quality, maintenance, and other related issues (in accordance with their criteria); the AiPP recommendation is subsequently forwarded to the full City Commission to set a public hearing. • At the close of the public hearing, the City Commission may approve (or disapprove of) the establishment of the monument or memorial, subject to consistency with the criteria established in the Code. These recommendations were moved by Commissioner Gongora and seconded by Commissioner Weithorn. The vote was unanimous. Ms. Fernandez stated that the amendments to the ordinance will be brought to the Commission. ACTION: The Committee (Commissioners Libbin, Weithorn, and Gongora present) recommended the following to the Commission: With a vote of two to one, with Commissioner Gongora dissenting: • Limit Commissioners and the Mayor to one (1) monument/memorial recommendation per term of elected office. • In the event the request comes from a third party, then the cost and maintenance is the requestor's responsibility. • Add language to allow for the financial responsibility of the third-party requestor to be waived with a 617 vote of the City Commission. With a unanimous vote: • Include recommended wording that the individual be in good standing and if convicted/adjudicated of a felony, their name shall be removed. • Administration to add whatever language is necessary for administrative cleanup. • Streamline the process for handling monuments/memorials as recommended. o Recommendations for monuments or memorials are referred by the sponsoring commissioner to the appropriate Commission committee. o If the committee approves (with the required majority) the placement of a memorial plaque, that recommendation is forwarded to the full City Commission to set a public hearing. o If the committee approves a monument or a memorial that is not a plaque (e.g. a site, bust, sculpture, structure, art work}, the recommendation is forwarded to the Art in Public Places Committee (AiPP) for their review and recommendation as to location, aesthetic quality, maintenance, and other related issues (in accordance with their criteria); the AiPP recommendation is subsequently forwarded to the full City Commission to set a public hearing. o At the close of the public hearing, the City Commission may approve (or disapprove of) the establishment of the monument or memorial, subject to consistency with the criteria established in the Code. • Monuments/memorials must comply with all established City Policies, procedures, standards and guidelines. 78 City Commission Memorandum February 8, 2012 Report of the Neighborhoods /Community Affairs Committee of December 8, 2011 Page 3 of6 2. FOLLOW-UP DISCUSSION AND REQUEST FOR DIRECTION CONCERNING THE CONTINUATION OR TERMINATION OF THE DOG OFF-LEASH PILOT PROGRAM APPROVED BY THE CITY COMMISSION IN SOUTH POINTE PARK. (Originally referred at January 28, 2009, Commission, Item C41), returning from February 3, 2011 NCAC meeting. Originally requested by City Manager Jorge M. Gonzalez) (3:20 PM) Kevin Smith, Parks and Recreation Department Director, reviewed the history of the dog off-leash area in South Pointe Park. He requested direction from the Committee as to whether the pilot program should be continued, not continued, or made permanent. Additionally, he asked that if the pilot program is continued or made permanent, where the off-leash area should be located. Commissioner Libbin stated that he would like the program to be continued and that he would like to include a low, green hedge placed to enclose the area. Commissioner Weithorn stated that she is happy with the peer pressure that has been managing the dogs in the park and the limited hours that help create a sense of community. She added that she is okay with a visual barrier however she wants to make sure that the hedge selected not be a delicate plant as people and dogs will most likely be walking over it. David Coggin spoke. Maryann Marcous spoke. Larry Wyman spoke. Brian Harris spoke. Jeff Atlas spoke. Ulrich Lachler spoke. Renato Mariani spoke. Thomas Butler spoke. Assistant City Manager Hilda M. Fernandez stated she will need to confer with the City Attorney's Office regarding the concept of a hedge, as she believes the placement of the hedge, although low, would make this an enclosed dog park. In addition, she added for the record that the proposal of a hedge would need to go before the Design Review Board (ORB) for approval. Commissioner Libbin added that if it is the desire of the commission to place a hedge around the off-leash area, it is essential for the public to attend the ORB meetings to voice their opinions. Ms. Fernandez explained that a few things will need to happen concurrently, including working through the ORB process and identification of funding sources, which would happen after estimates are received for the hedge. Commissioner Weithorn made the motion to extend of the current program and in the meantime work on the hedge and the permanent location. Commissioner Gongora agreed and in response to requests made by residents at the meeting, recommended adding an hour to the morning and evening off-leash hours. Commissioner Weithorn agreed with the adding of the hour prior to the permanent decision on continuing the program, to allow for possible adjustments if there is a problem. Commissioner Gongora seconded the motion. Commissioner Libbin clarified the motion to extend the pilot program for six months, add one hour to the morning and evening off- leash hours, ask the Administration to come up with an estimate for the proposed hedge and recommend to the Commission a referral to the ORB regarding the proposed hedge. 79 City Commission Memorandum February 8, 2012 Report of the Neighborhoods /Community Affairs Committee of December 8, 2011 Page 4 of6 ACTION: The Committee (Commissioners Libbin, Weithorn, and Gongora present) unanimously recommended the Administration be directed to: • Extend the South Pointe Dog Off-leash Pilot Program for a six (6) month period in its current location, with an extension of one hour in both the morning and the evening sessions; • Prepare a site plan of the South Pointe off-leash area in its present location, which is approximately 18,000 SF in the green space just to the east of the Washington Avenue Plaza, bordered by the Cut Walk to the south and the sidewalk to the north, with a cost estimate to install a hedge of the appropriate species and height, to enclose the area; • Take the steps necessary to have the site plan presented to the DRB for review and approval; • Return to the Neighborhoods/Community Affairs Committee for final review and action; • Based on the direction of the Neighborhoods/Community Affairs Committee prepare the appropriate commission action to implement the directions; and • Return to the Neighborhoods/Community Affairs Committee in five (5) months (if need be) to extend the existing program again, if the final version and plan is not completed. 3. DISCUSSION REGARDING NEIGHBORHOOD PARK/STREET-ENDS BUS BENCH ISSUE. (Referred during the July 28, 2011 Finance & Citywide Projects meeting; see September 14, 2011 Commission Item C6E) (4:02PM) Fernando Vazquez, Capital Improvement Projects Office Director, explained that this item was brought up at the Finance and Citywide Projects Committee meeting in July. After some discussion, Commissioner Weithorn made a motion to recommend removing benches at street-ends from inclusion in Basis of Design Reports (BOOR) unless there is greater general community consensus. The motion was seconded by Commissioner Gongora. ACTION: The Committee (Commissioners Libbin, Weithorn, and Gongora present) unanimously moved to recommend removing benches at street-ends from inclusion in Basis of Design Reports (BOOR) unless there is greater general community consensus. 4. DISCUSSION ON THE VIABILITY OF STORING CITY DIRECTED TOWED VEHICLES ON TERMINAL ISLAND. (Referred at June 1, 2011 Commission, Item R9F, Requested by Commissioner Tobin) (4:00 PM) The Committee recommended tabling the discussion of this item (defer indefinitely) until it is specifically requested again. ACTION: The Committee (Commissioners Libbin, Weithorn, and Gongora present) unanimously recommended tabling the discussion of this item until it is specifically requested again. 5. DISCUSSION REGARDING AN ORDINANCE WHICH PROHIBITS DOCKING ON CITY OWNED PROPERTY, SPECIFICALLY SEAWALLS. (Referred at October 19, 2011 Commission, Item R9D, Requested by Commissioner Weithorn) (4:05 PM) Commissioner Weithorn explained her concern with boaters docking on seawalls in single-family neighborhoods. David Coggin spoke. 80 City Commission Memorandum February 8, 2012 Report of the Neighborhoods /Community Affairs Committee of December 8, 2011 Page 5 of6 After some discussion, Commissioner Weithorn moved to recommend the proposed ordinance to the Commission. Motion seconded by Commissioner Gongora. ACTION: The Committee (Commissioners Libbin, Weithorn, and Gongora present) unanimously moved to recommend the proposed ordinance to the City Commission. 6. DISCUSSION TO CONSIDER LEAVING THE ALTOS DEL MAR LOCATION AS PASSIVE GREENSPACE. (Referred at October 19, 2011 Commission Item C4E; requested by Commissioner Exposito) (4:11 PM) Commissioner Libbin advised that since nothing is happening with the Altos Del Mar location at this time, the Committee will not discuss the subject at this time. It will be dealt with if and when anything comes up. ACTION: No discussion was held. Commissioner Libbin advised that since nothing is happening with the Altos del Mar location at this time, the Committee will not discuss the subject at this time. It will be dealt with if and when anything comes up. 7. DISCUSSION REGARDING A PROPOSAL FOR A DONATION OF ART PIECES TO BE DISPLAYED ON LINCOLN ROAD. (Referred at October 19, 2011, Commission Item C4G; requested by Commissioner Libbin) (4: 12 PM) Commissioner Libbin explained that the artist making this proposal was unable to attend the meeting today. The artist's idea was not to get credit for this but to make the area look nicer. Max Sklar, Cultural Affairs and Tourism Development Director, commented that if it is desired to do a project on the balls on Lincoln Road then perhaps a Call to Artists can be done to get different proposals to be reviewed by the Art in Public Places Committee for a recommendation to bring to the Neighborhoods/Community Affairs Committee for a decision. Certainly this artist can make a proposal along with others. Commissioner Libbin expressed his concern regarding the poor conditions of Lincoln Road that need addressing. He asked the Administration to reach out to the manager of the Meat Market to address some of his concerns with the condition of Lincoln Road. David Coggin spoke. Commissioner Gongora made a motion to refer a discussion to the Art in Public Places committee as to what can be done with a Call to Artists for Lincoln Road and bring back as soon as possible to the Neighborhoods/Community Affairs Committee. Motion seconded by Commissioner Weithorn. ACTION: The Committee (Commissioners Libbin, Weithorn, and Gongora present) unanimously moved to recommend a referral for discussion to the Art in Public Places committee as to what can be done with a Call to Artists for Lincoln Road and bring back as soon as possible to the Neighborhoods/Community Affairs Committee. 81 City Commission Memorandum February 8, 2012 Report of the Neighborhoods /Community Affairs Committee of December 8, 2011 Page 6 of6 8. DISCUSSION REGARDING THE ONGOING STORE FRONT DAMAGES AND GRAFFITI ISSUES ON WASHINGTON AVENUE. (Referred at October 19, 2011, Commission Item C4H; requested by Commissioner Gongora) (4:20PM) Commissioner Gongora spoke of his concerns about the condition of Washington Avenue. Commissioner Libbin suggested scheduling a public workshop to discuss this. Police Captain Mark Causey explained the Police Department's improved efforts on Washington Avenue that began in November. • Washington Avenue is now being patrolled by a beat detail including two officers daily from 11 :OOam -9:00pm • RDA has mandated a foot-patrol on the 1600 block of Washington Avenue • New bike squads are also patrolling Washington Avenue Commissioner Gongora stated that he would like to receive regular reports from the Police Department regarding what is happening on Washington Avenue. Code Compliance Division Director Robert Santos-Aiborna detailed improvements made through efforts made by Code, Police, and the Homeless Outreach Office to address concerns impacting the condition of Washington Avenue from the residents of Oceanview, an Adult Living Facility located at gth Street and Pennsylvania Avenue. Commissioner Weithorn stated that a comprehensive effort must be made to improve Washington Avenue. David Coggin spoke. The committee recommendation is for the Administration to hold a public workshop regarding improvements to Washington Avenue and for the Police Department to provide a quarterly report on Washington Avenue to be included in their current quarterly crime report to the Neighborhoods/Community Affairs Committee. ACTION: The Committee recommended that the Administration schedule a public workshop regarding improvements to Washington Avenue and for the Police Department to provide a quarterly report on Washington Avenue to be included in their current quarterly crime report to the Neighborhoods/Community Affairs Committee. I S/KT/BH/rfm 012\2-8-12\NCAC Report-DECEMBER 8-2011 -3.doc 82 (X) w ,..----u--'· ·' -C9 MIAMIBEACH ' NEIGHBORHOODS/COMMUNITY AFFAIRS COMMITTEE December 8, 2011 ._. SIGN-IN SHEET PLEASE PRINT LEGIBLY NAME ORGANIZATION I DEPT. I PHONE NO. ·IN S-ri f{\r; ~TO ,J ~·' 'fDS. "2.'-f()i> I#·OSe :ftG-tJ..P---A Mu.Rtrtlo t:loNbo A-!i.s-oo. f"\·-..A:r·A"-0 · r~~~~~ \ We are commflled to providing excellent public service and safely to all who live, work, and play in our vibrant, tropical, his/ode communily. EMAIL / .-~ 'i ,,_.,;,;;;ij 00 ~ --~ ---····· -~-,-~ ~--~--::-.. _______ _,..,_ ' . (9 MIAMIBEACH NEIGHBORHOODS/COMMUNITY ·AFFAIRS COMMITTEE December 8, 2011 .v SIGN-IN SHEET PLEASE PRINT LEG/BL Y .. NAME . ORGANIZATION I DEPT. PHONE NO. EMAIL La~ra Cu,ll-en · .~--=ff;..D llauvac(fi)clavkesmtttffll/.dlch•!CoWJ C-::1 ~ "' ... "' LLr Jt~Jd-cg . We are commilled to providing excellent public seNice and safely to all who hve, work, and play In oor vibrant, tropical, historic community. f ·.~·:l:~;}i 00 c.n .. --~--~·-,.-~~ .~ .. ''="1"1 ~ .I f9 MlAMIBEACH · NEIGHBORHOODS/COMMUNITY AFFAIRS COMMITTEE Dece~ber 8, 2011 ·"' SIGN-IN SHEET PLEASE PRINT LEGIBLY ' NAME ORGANIZATION I DEPT. .PHON·E NO. ";t-EMAIL r~ NL~ ·t.a 5atJ?~~ -gr;-o~-o/-l' "'-.lLe..~.t.C-1(_,/ . OJ r CQ...-fJ€.!f' II ;;t ~ '? '/.h VY\..Q. c ~ YV'\ • Rr_ V 1 ,J s ~ /rll Q.. W) 8 ~'""/{._ 773D ' ! i -! ~---~------------------------·---~----------·-· -------------~----------------------------------~ We are committed to providing exceltent pllblic seNice and safety to aU who live, ~ and play In our vibrant, tropical, historic communlly. . .... ,dn'f":t¢;';:!'=' THIS PAGE INTENTIONALLY LEFT BLANK 86 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: COMMISSION MEMORANDUM ~yj~ ~~~rera Bower and Members of the City Commission J~onzal~ February 8, 2012 SUBJECT: REPORT OF THE JOINT MEETING OF THE NEIGHBORHOODS/COMMUNITY AFFAIRS COMMITTEE AND THE FINANCE AND CITYWIDE PROJECTS COMMITTEE HELD ON THURSDAY, JANUARY 19, 2012. A joint meeting of the Neighborhoods/Community Affairs Committee and the Finance and Citywide Projects Committee was scheduled for Thursday, January 19, 2012 at 5:30 pm and was held in the Commission Chambers, 3rd Floor of City Hall. Commissioners in attendance: Edward L. Tobin, Deede Weithorn, Jerry Libbin (departed meeting at 7:10pm), Jorge Exposito, and Jonah Wolfson (departed meeting at 6:20 pm). Members from the Administration and the public were also in attendance. Please see the attached sign-in sheet. THE MEETING OPENED AT 6:00PM. 1. FOLLOW-UP DISCUSSION REGARDING MEMORIAL DAY WEEKEND AND PLANNING FOR NEXT YEAR. (Originally referred at June 1, 2011 Commission, Item C4E (requested by Commissioner Jonah Wolfson) and Item R9H (requested by Commissioners Michael G6ngora and Jerry Libbin)). (6:01PM) Assistant City Manager Hilda M. Fernandez summarized the presentation on Memorial Day Weekend (MDW) Plan as a follow-up to the September 1, 2011 joint meeting of the Neighborhoods/Community Affairs and Finance and Citywide Projects Committees discussion. She referred to the matrix attached to the memorandum that details 53 items or suggestions that had been compiled by staff as a result of either the after-action, the debrief done by staff or as had been recommended in the various meetings that occurred after last year's Memorial Day Weekend. These 53 items were grouped as follows: • General Conditions -This includes general issues that might impact traffic, crowd management, etc. Included in this section were potential solutions/recommendations regarding: dance/entertainment establishments, alcohol sales, sidewalk cafes, promoter ordinance, open container laws/to-go cups, scooters, and communications/information. • Public Safety/Crowd Management -This includes potential solutions/recommendations regarding lighting, sky watch towers, illegally parked vehicles, loitering, occupancy levels, juvenile curfew and the re-deployment of the Goodwill Ambassadors. • Traffic/Mobility -This includes cruising loops, extension of sidewalks, management of the MacArthur Causeway, DUI checkpoints, parking, etc. • Sanitation/Litter -This includes sidewalk Sweeping ordinance enforcement, street sweeping, and beach cleanliness. • Special Events-This deals with the issue of public/private property special events permits, and permitting a large scale event (to honor military, etc.). 87 :Agenda Item {!fJ,B Date ;l-f-12- City Commission Memorandum February 8, 2012 Report of the Joint Meeting of Neighborhoods/Community Affairs and Finance and Citywide Projects Committees of January 19, 2012 Page 2 of? Subsequent to that meeting, the Mayor and Commissioners reviewed the items individually and indicated which concepts they supported and/or wanted further developed. The results were included in the agenda package and reflected thirty-one (31) concepts returned with at least four (4) responses (marked by a "Y" for yes or "M" for maybe) and were shaded for easy reference. Ms. Fernandez stated that the Administration is requesting direction/authorization to proceed, in coordination with the City Attorney's Office, in developing the following ordinances for first reading consideration by the full commission, should these be determined to be permitted following review by the City Attorney's office. 1) Amendment to the City Code sections regarding Solicitation/Peddling to permit for alternative enforcement and penalties, including the ability to confiscate if necessary (year round) 2) Amendment to the City Code to require that Segways made available for rental in the City be set to the lowest speed setting (year round) 3) Amendment to the City Code to prohibit commercial handbill distribution in certain areas (during high impact periods) 4) Amendment to the City Code to prohibit exotic animals in certain areas (during high impact periods) to address public safety, health and welfare concerns 5) Amendment to the Promoter Ordinance to establish a new bond structure, including higher bonds for high impact periods and for out of state promoters, as well as a fine and penalty schedule. Commissioner Lib bin inquired as to limiting the speed on Segways as he is unfamiliar with the actual speed of Segways. Commissioner Weithorn stated that limiting the speed of Segways should be all the time and not just during high impact periods. Commissioner Wolfson stated that there should be a general discussion regarding Segways in that they should be prohibited from the Beachwalk and Baywalk. Ms. Fernandez explained that the City has been working to have Florida Statutes amended to allow municipalities to regulate Segways on sidewalks, as that is now a right reserved by the State. Commissioner Weithorn stated that she would like to regulate Segways; however, until the City can regulate them on sidewalks, her fear is that if the City prohibits them on the Beachwalk, the result will be forcing them onto the sidewalk. She believes that the City needs to be patient and work with Tallahassee. She believes regulating speed should be addressed now. Commissioner Weithorn made the motion to direct the City Attorney's Office begin working on a first draft to address the requested actions including: 1) Amendment to the City Code sections regarding Solicitation/Peddling to permit for alternative enforcement and penalties including the ability to confiscate if necessary 2) Amendment to the City Code to require that Segways made available for rental in the City be set to the lowest speed setting 3) Amendment to the City Code to prohibit commercial handbill distribution in certain areas during high impact periods 4) Amendment to the City Code to prohibit exotic animals in certain areas during high impact periods to address public safety, health and welfare concerns 5) Amendment to the Promoter Ordinance to establish a new bond structure, including higher bonds for high impact periods and for out of state promoters, as well as a fine and penalty schedule. The motion was seconded by Commissioner Libbin. City Manager Jorge M. Gonzalez confirmed his understanding that several members of the committee would like the regulation of Segways to be year-round and not simply limited to high impact periods. 88 City Commission Memorandum February 8, 2012 Report of the Joint Meeting of Neighborhoods/Community Affairs and Finance and Citywide Projects Committees of January 19, 2012 Page 3 of7 Commissioner Libbin added that the Promoter Ordinance amendment should also be year-round and the remaining should be tailored around high impact periods. Commissioner Wolfson expressed his concern with his understanding that Administration has already notified private property owners that they will not issue special events permits for private property this year. He believes that restricting permits during this specific weekend could be viewed as selective. The City Attorney assured that the City will follow the law. Commissioner Tobin agreed that this is an important issue to be discussed. Mr. Gonzalez reminded the Committee that, for the past ten years, the City has not issued special event permits on public property during Memorial Day weekend. There have been, from time to time, some private special events on private property. He clarified that a special event is allowing something to be done that is not normally allowed to be done. Ms. Fernandez reviewed the items that were selected for the Administration to review: • Strictly enforcing open containers laws • Implementing improved lighting in pedestrian areas • Securing 4 sky watch towers with lighting and video cameras • Actively enforcing illegally parked cars in front of hotels • Re-deploying Goodwill Ambassadors to provide information and education to visitors • Using Professional "event staff" to assist police in crowd control • Creating a "cruising loop" as part of the traffic management plan • Providing Community education for residents to be able to maneuver without being overly inconvenienced • Closing Ocean Drive to traffic and expanding Collins Avenue sidewalks • Working with the City of Miami on coordinating DUI check points on the MacArthur Causeway • Having DUI saturation within the City, with noticing to those entering the City on the causeways • Creating a traffic management plan for the MacArthur Causeway • Looking at borrowing some license plate recognition software from other municipalities to address anyone that comes into the City that may have open warrants • Aggressively enforcing obstruction of traffic regulations • Enforcing sidewalk sweeping in front of businesses where the business are the ones creating the trash • Changing the Promoter Ordinance o Adjusting the bond amounts o Requiring a surcharge during high impact periods o Increasing bond requirement for out of state promoters o Creating a fine and penalty schedule • Looking at whether the City can prohibit the distribution of handbills and flyers during the high impact periods Ms. Fernandez continued to review some of the nine (9) concepts that cannot be implemented, or cannot be implemented for this MDW Major Event Plan (MEP): • Require Safety measures for scooter: The City is pre-empted by State Law from imposing requirements, such as helmets, for all scooter riders. However, the City will continue to provide the safety notice to Scooter Rental Companies, which is provided to renters, and to enforce any moving violations relating to scooter use. The Administration is also working with the City Attorney's Office in determining whether scooters can be restricted from certain streets in the City during High Impact Periods to address concerns with safety and traffic. Should this be permitted, an ordinance amendment will likely be required. 89 City Commission Memorandum February 8, 2012 Report of the Joint Meeting of Neighborhoods/Community Affairs and Finance and Citywide Projects Committees of January 19, 2012 Page 4 of7 • Prohibit loitering on public/private property. Police will continue to enforce loitering under State Law. However, the provisions of State law impose conditions for such enforcement, including that the loitering is associated with prowling. As such, while enforcement will continue for any individuals found in questionable circumstances on public or private property, individuals simply standing in the public right-of-way, in plain view and not engaged in questionable activities would not be subject to enforcement under State law. • Strictly enforce occupancy levels: The Fire Marshal has jurisdiction over occupancy levels in common areas of hotels, and will enforce such. However, there is no specific occupancy requirement for individual hotel rooms, and as such, enforcement of hotel room occupancy is not possible. • Enforce juvenile curfew. While the Police Department can enforce the County's Juvenile Curfew, and will do so as necessary, there is not a sufficient prevalence of juveniles subject to the curfew in the City that weekend to merit the impact on resources from strict enforcement (e.g. separate supervised holding areas, one-on-one supervision, etc.). Ms. Fernandez explained that during the September 1, 2012 Joint Committee meeting, several members were in favor of working with an event producer to develop alternative programming for the weekend, but preferred to wait a year for the development of any public property special event to ensure that it is done correctly and can be properly managed. She explained that the Administration is looking for confirmation from the committee to proceed with planning a major public special event for 2013 so the planning process may begin. The categories that were considered were: • Disperse public property special events, if allowed, throughout city: At present, no public property special events are contemplated during this MOW MEP. • Encourage/Seek event that honors the military: The City produces a Memorial Day event on Monday, but it has been suggested that a large event be coordinated. However, at present and following previous discussions on the matter, no public property special events are contemplated during this MOW MEP. • Create more activities; re-brand the weekend: At present, no public property special events are contemplated during this MOW MEP. Events on private property (or at the Convention Center or the Fillmore) have not been contemplated to be developed for this year's MOW MEP. • Require that any major public event include hotel block, parking, etc.: At present, no public property special events are contemplated during this MOW MEP. Should a large public event be considered for the future, this could be included as a component. Commissioner Tobin suggested a Memorial Day parade be considered. Commissioner Libbin stated that when he mentioned a parade to the Veterans of Foreign Wars (VFW), the feedback he received was that a parade is not appropriate for Memorial Day as it is a day to remember those that have lost their lives as opposed to Veteran's Day which is a celebration of those that have served. Commissioner Tobin corrected himself in that he meant to suggest a memorial service. Ms. Fernandez stated that the City already has a memorial service at the police station and has done so for approximately the last ten years. She added that it has not been well attended; however, the City could do a better job of promoting the ceremony. Additionally, the Administration is reaching out to the organization that, with the exception of last year, had been placing tombstones in Lummus Park in honor of those lost in the Gulf Wars to see if they will be doing that again. Commissioner Exposito commented that this is all very nice, but this will bring an additional cost and asked if the City, given the financial difficulties other communities are experiencing, expected to receive the same participation under our reciprocal agreements with other municipalities for law enforcement assistance. He stated that the City can be planning all of this, however, without the 90 City Commission Memorandum February 8, 2012 Report of the Joint Meeting of Neighborhoods/Community Affairs and Finance and Citywide Projects Committees of January 19, 2012 Page 5 of7 manpower via the reciprocal agreements and the funding sources, it would be difficult, and felt it needed to be discussed. Ms. Fernandez agreed in that the plan being considered is one that requires a number of resources. She explained that there have been conversations with Miami-Dade County specifically the Vice- Mayor who oversees public safety, and he is meeting with his staff to determine what it is that they can provide. The support that the City generally receives from them is not only police but also Miami- Dade Corrections support. The City is asking no less than the level of support that was received last year. She noted that last year the City received the same level of support from Corrections; however, the City received a reduced level of support from Miami-Dade Police. Mayor Bower will be sending a letter to Governor Scott requesting further assistance from Florida Highway Patrol beyond what they currently provide. Commissioner Tobin requested a Letter to Commission (LTC) regarding staffing and funding when the information is ready. Mr. Gonzalez added that Resort Tax will fund a good amount of this. Assistant Chief of Police Ray Martinez explained that Memorial Day weekend is a challenge, every person in the Police Department works an Alpha/Bravo schedule, and that support from the County is critical. He added that they have reached out to other smaller municipalities for both personnel and resource support and is awaiting responses. Lieutenant Eduardo Yero reviewed the preliminary traffic plan to address safety, discourage cruising, and maintain the ability to provide effective service. The plan is to balance the resident's needs and safety issues. Communication will be critical to the City's residents to ensure their ability to enter their neighborhoods. Commissioner Exposito expressed his concern that the City must preserve the safety of single family homes and neighborhoods. He wants to be sure that the City does not lose sight of the fact that while we are concentrating efforts into the entertainment district, we are also conscious of the fact that the residents need to be protected and feel safe in their homes. Ms. Fernandez stated that the plan is still preliminary and that options are being considered to prevent people going into residential neighborhoods to get around. Some options include placement of staff on Dade Boulevard, Alton Road and 41st Street and placement of "local traffic only" barricades on 41st Street. David Wallack of Mango's Cafe asked for help from the City to make safe parking available for staff that will not be able to park close to their workplace within the entertainment district. He is willing to arrange for pickup of his staff from the Convention Center lot. Commissioner Tobin asked that Mr. Wallack work with Police and the Administration to see what can be done and if Mr. Wallack has problems, to please send him an email. Dr. Morris Sunshine spoke. David Wallack spoke. David Kelsey spoke John Conrad spoke. Josh Wallack spoke. Roman Jones spoke. Commissioner Tobin asked if the Committees agreed for the Administration bring back ideas for alternative events. After some discussion regarding alternative events, Commissioner Libbin suggested trying to develop a high quality event in the Convention Center. While it is probably too late for 2012, he suggested 91 City Commission Memorandum February 8, 2012 Report of the Joint Meeting of Neighborhoods/Community Affairs and Finance and Citywide Projects Committees of January 19, 2012 Page 6 of? After some discussion regarding alternative events, Commissioner Libbin suggested trying to develop a high quality event in the Convention Center. While it is probably too late for 2012, he suggested planning for 2013. Commissioner Tobin asked Police, while considering its traffic plan to look at providing taxis and other mass transit some accessibility as an incentive for visitors to use alternate transportation. Commissioner Libbin suggested working with the Hotel Association and Chamber of Commerce to disseminate information to the City's guests so they will understand our local laws, and maybe provide information in hotel rooms. Jeff Borg spoke. City Manager Jorge M. Gonzalez explained that while there is outlined criteria that prompts a Major Event Plan, the City still must tailor its response to the activities and the nature of the event. Paul Janas spoke. Tim Nardi spoke. Frank Del Vecchio spoke. Ms. Fernandez clarified that there were only six (6) Special Event permits for events on private property issued last year during this weekend and they were primarily for small hotels wishing to place a DJ in their lobby or on their pool deck, or to increase their occupancy. There was concern raised when the Committee met in September regarding issuing any special event permits on private property, so in response, the Administration is recommending not issuing any special event permits during this period. Commissioner Tobin stated that this recommendation needs to be discussed further, as some of the Committee members were uncomfortable with restricting private property. Mr. Gonzalez reminded the Committee that some concern had been raised previously that those six (6) permits were even issued last year, so this is something that has to be discussed. He added that a special event permit is to allow something to be done that is normally not allowed and the Committee should considered why, in a period when resources are already stretched, the City would extend rights that otherwise do not exist on any other day. Commissioner Tobin thanked the Administration and asked that they keep the Committee informed and hopes that they will do their best to protect the public while allowing everyone to have all the freedoms that they possibly can enjoy, keeping it safe for the residents and guests for Memorial Day weekend. He asked that the Administration come back with progress reports. Mr. Gonzalez stated that with the direction given on some of the ordinances, those will be coming forward as a package and will keep the Committee in the loop as things move forward. ACTION: The Committee moved to direct the City Attorney's Office to work with staff to begin working on a first draft of ordinances to address the requested actions including: 1) Amendment to the City Code sections regarding Solicitation/Peddling to permit for alternative enforcement and penalties including the ability to confiscate if necessary, 2) Amendment to the City Code to require that Segways made available for rental in the City be set to the lowest speed setting (year-round), 3) Amendment to the City Code to prohibit commercial handbill distribution in certain areas during high impact periods, 4) Amendment to the City Code to prohibit exotic animals in certain areas during high impact periods to address public safety, health and welfare concerns, and 5) Amendment to the Promoter Ordinance to establish a new bond structure, including higher bonds for high impact periods and for out of state promoters year-round, as well as a fine and penalty schedule. 92 City Commission Memorandum February 8, 2012 Report of the Joint Meeting of Neighborhoods/Community Affairs and Finance and Citywide Projects Committees of January 19, 2012 Page 7 of? NEW BUSINESS 2. DISCUSSION REGARDING A REVIEW OF THE CITY'S SPECIAL EVENT PERMIT POLICY, WHICH DOES NOT ALLOW FOR ANY NEW EVENTS DURING SPRING BREAK AND ULTRA FESTIVAL. (Referred at December 14, 2011 Commission, Item C4K (requested by Commissioner Jerry Libbin)). (7:25PM) Assistant City Manager Hilda M. Fernandez explained that this item for discussion is specifically related to another major event period, Winter Music Conference Spring break. Last year, after issues that occurred related to the Funkshion Fashion Show that occurred in Lummus Park, there was some discussion at the Neighborhoods/Community Affairs Committee that the intention would be to not permit any more events of that nature in Lummus Park because of the issues that had occurred. Commissioner Tobin requested that this discussion be deferred to the January 30, 2012 meeting of the Neighborhoods/Community Affairs Committee, as it was requested by Commissioner Libbin and he is not present at the moment. ACTION: The discussion was deferred to the January 30, 2012 meeting of the Neighborhoods/ Community Affairs Committee. THE MEETING ADJOURNED AT 7:29PM. JM~SS/KT/BH/rfm T:\AGENDA\2012\2-8-12\Joint NCACand FCWP Report-JANUARY 19-2012 (1).doc 93 CD ~ lD . ·.· . ,... MIAMIBEACH \ JOINT MEETING OF NEIGHBORHOODS/COMMUNITY AFFAIRS COMMITTEE AND FINANCE & CITYWIDE PROJECTS COMMITTEE January 19, 2012 SIGN-IN SHEET PLEASE PRINT LEGIBLY NAME . ORGANIZATION I DEPT. I PHONE NO. 3-1'2. :ttG '-"1S tvv~ \ '\\. ~ \(~ t l\Q_ ~ 0 D.\bu+ ~ \ J &l.t'\ qf \ T (VV' f\(.)j b\ Q A\... V'l\ {)( LJ-rl,, ,.G.A ~i-t,<;> \A..C... ,..~ ....... --:u,.,.J ..... .,..__.:,..J: ... -.--...JL..-",--LJ:-,,.._..,,:_.,..,_,J .,._t,.,~o • .t-. -11.4.L ... 1:. ....•• ,,...J, ·--.J.-1-•.• 1 ........... .tL..-... • ,....,_:--1 &..r .. , ..... t ... ..,. ___ , .... u .• EMAIL .,._,., ... -... ·.=• • ..-. ..... -~ .. ..-··--·•• ,_,_ .. ·•· -..... -·• • •·· • ... ~ --.·.='"-. ..J"":....otl' e·i1MIAMI BEACH .. 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EMAIL lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager \ ~"~ DATE: February 8, 2012 0 SUBJECT: REPORT OF THE JANUARY 18, 2012 LAND USE AND DEVELOPMENT COMMITTEE MEETING A Land Use and Development Committee meeting was held on January 18, 2012. 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 4:27pm. Commissioner Wolfson nominated Commissioner Gongora as chair of the Committee for the year 2012. It was seconded by Commissioner Exposito. Vote: 3-0 1. a) DISCUSSION OF JURISDICTION OF LAND USE BOARDS OVER APPEALS. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 118, "ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE II, "BOARDS," DIVISION 2, "PLANNING BOARD," SECTION 118-51, "POWERS AND DUTIES," DIVISION 3, "DESIGN REVIEW BOARD," SECTION 118-71, "POWERS AND DUTIES," DIVISION 4, "HISTORIC PRESERVATION BOARD," SECTION 118-102, "POWERS AND DUTIES," DIVISION 5, "BOARD OF ADJUSTMENT," SECTION 118-136, "POWERS AND DUTIES," TO CLARIFY AND AMEND THE POWERS AND JURISDICTIONS OF THESE LAND USE BOARDS WHEN APPEALS ARE FILED FROM ANY ORDER, REQUIREMENT, DECISION, OR DETERMINATION MADE BY THE PLANNING DIRECTOR OR HIS DESIGNEE, INCLUDING ADMINISTRATIVE DETERMINATIONS,PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. (RETURNING FROM THE NOVEMBER 21,2011 LUDC MEETING ORIGINALLY REQUESTED BY CITY COMMISSION APRIL 13, 20111TEM R9G MOTION #2) 1. b)DISCUSSION OF PROCEDURES FOR OBTAINING INFORMAL OPINIONS AND FORMAL ADMINISTRATIVE DETERMINATIONS FROM THE PLANNING DIRECTOR. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 118, 97 ~genda Item C& C Date ;2.-f'c..J?... City Commission Memorandum Report of the Land Use & Development Committee Meeting of January 18, 2012 Page2of4 "ADMINISTRATIVE AND REVIEW PROCEDURES," BY CREATING A NEW ARTICLE XII, "ADMINISTRATIVE DETERMINATIONS," SECTIONS 118·801, "INFORMAL OPINIONS," 118-802, "FORMAL ADMINISTRATIVE DETERMINATIONS," AND 118·803, "EFFECT OF OPINIONS AND DETERMINATIONS," TO CLARIFY AND AMEND THE PROCEDURES FOR OBTAINING INFORMAL OPINIONS AND FORMAL ADMINISTRATIVE DETERMINATIONS FROM THE PLANNING DIRECTOR, PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. AFTER-ACTION: DEFERRED 2. DISCUSSION ON THE DE-INTENSIFICATION OF THE 1·1 LIGHT INDUSTRIAL DISTRICT. AFTER-ACTION: Richard Lorber, Acting Planning Director began by introducing the issue, and Jorge Gomez, Assistant City Manager explained the proposed reductions in parking requirements for small businesses in the Sunset Harbour neighborhood. The Committee discussed what the correct threshold should be for parking reductions, which would encourage neighborhood commercial establishments and discourage destination restaurants and retail. The Committee decided that the reduction should apply to restaurants of 100 seats or less, and up to 3,500 s.f., and retail stores up to 3,500 s.f. The Committee also requested that the Planning Board look at permitting impact fees to be paid for new construction in this district subject to certain thresholds. For Neighborhood Impact Establishment threshold, it was decided by the Committee to permit up to 1 00 seats and 125 persons occupancy as of right, with any greater intensity requiring Planning Board Conditional Use approval. The Committee discussed also amending item (11) in Section 1 of the ordinance and change "alcoholic beverage establishments," to "restaurants with alcoholic license." They also requested that staff bring back the mechanical garage ordinance, perhaps prohibiting mechanical parking in this district. MOTION: Gongora/Wolfson -3-0. Forward ordinance to Planning Board for review with the following criteria: • Within Sunset Harbour neighborhood, eliminate parking requirements for restaurants of 100 seats or less, and up to 3,500 s.f., and for retail stores up to 3,500 s.f. • Requirement for Conditional Use for alcoholic beverage establishments greater than 1 00 restaurant seats or 125 person patron occupancy content. • Requirement for Conditional Use for main use parking garages in 1-1 district. • Consideration of permitting the satisfaction of required parking through the payment of a fee in-lieu of parking for developments of <10,000 sq. ft. of new construction. • Also bring back to the LUDC an ordinance addressing the issues associated with parking garages and mechanical parking systems. 3. DISCUSSION OF THE MIAMI BEACH CURRENT CITY CODE CHAPTER 6·4 (3) RELATING TO ALCOHOLIC BEVERAGE SALES THAT REQUIRES A 300 FOOT DISTANCE BETWEEN LIQUOR STORES AND ASK THAT THE CITY LOOK INTO ADOPTING THE COUNTY REQUIREMENT OF 1500 FEET. 98 City Commission Memorandum Report of the Land Use & Development Committee Meeting of January 18, 2012 Page 3 of4 AFTER-ACTION: DEFERRED 4. 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 118, "ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE IX, "NONCONFORMANCE$," SECTION 118-393 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. AFTER-ACTION: DEFERRED 5. DISCUSSION REGARDING THE STAY IN APPROVING ANY SIDEWALK CAFE PERMITS ON THE DREXEL AVENUE AND 16TH STREET SIDEWALKS IN FRONT OF THE RETAIL SPACES OF THE LINCOLN EAST GARAGE, LOCATED AT 420 LINCOLN ROAD. AFTER-ACTION: George Kousalis (420 Lincoln Road) introduced the project and showed the Committee a graphic of the sidewalk area adjacent to the subject parking garage. Adam Shedroff read into the record letters from citizens opposed to sidewalk cafes at this location, and showed pictures of residential apartment buildings across the street from the garage. Lucia Dougherty, representing the garage owners, indicated that the Planning Board had already imposed a limitation of 150 seats total, both inside and outside. She proffered that the owners were willing to not install any outdoor speakers at this site. Mr. Kousalis indicated that perhaps 40 seats could be accommodated on the sidewalk area. The Committee discussed the area and what could be accommodated at the site. Nancy Liebman argued against permitting sidewalk cafes near residential areas. Commissioner Gongora recommended that the stay be lifted and the sidewalk cafe approval be carefully crafted to limit hours and intensity, and perhaps limiting outdoor speakers or outdoor music. Commissioner Exposito and Gongora both Inquired of staff why the illegal installation of sidewalk construction and speakers by the Yardbird restaurant at 1600 Lenox has been allowed to continue. Fred Beckmann responded that he will look into enforcement at Yardbird, and requested that the Committee give guidance whether the previously mentioned 40 seats would be OK with the Committee. Mr. Shedroff argued that there should be no outside restaurant seating across from residential. MOTION: Exposito/Gongora. Vote: 2-0 (Wolfson absent). Have the parties (420 Lincoln Road and Mr. Shedroff) meet together before the February 8, 2012 Commission meeting, and if a consensus cannot be reached, bring back to LUDC. Attac~~ JMG/vrJRGL 99 ~ 0 0 ...._--1. 2. 3. 4. 5. 6. 7. 9. 10. 11. 12. 13. -14 15. 16. 17. 18. 19. 20. NAME LAND USE AND DEVELOPMENT COMMITTEE MEETING January 18, 2012@ 4:00pm City Manager's Large Conference Room Attendance Sheet CONTACT NUMBER I WISH TO RECEIVE THE AGENDA ELECTRON! ALLY t2ot,·1/D0 ·4oz_~ 36s 3 7i.f 55oo v----.. t---v (,!'7 M:\$CMB\CCUPDATES\Land Use and Development Committee\2012\Sign In Sheet 2012.docx E-MAIL ADDRESS 1\TT .fl.) B"l SPP~ @ @ @ '14/loo. c ott;? @ @ @ @ (9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMITIEE MEMORANDUM TO: FROM: DATE: Mayor Matti Herrera Bower and Members of the City Commission City Manager Jorge M. Gonzalez ~~ February 8, 2012 () {____) SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING OF December 27,2011. OLD BUSINESS NEW BUSINESS 1. Discussion regarding the Miss USA Pageant ACTION Chairperson Weithorn suggested that administration continue to work with Miss USA® to negotiate an agreement between the City and its partners, not to exceed $250,000. If successful, the agreement would be brought to the City Commission for approval. Max Sklar, Director of Tourism & Cultural Development, presented the item. At the beginning of December 2011, ACT Productions and the Green Agency approached the City, the Greater Miami Convention Center and Visitors Bureau (GMCVB) and Miami Beach Visitor and Convention Authority (VCA) about the opportunity of the City hosting the Miss USA ® pageant in Miami Beach in 2012. The Miss Universe Organization produces the internationally recognized MISS UNIVERSE®, MISS USA® and MISS TEEN USA® competitions. The MISS UNIVERSE® and MISS USA® competitions air as live specials and consistently rank among the most watched television programming in the world. Miss Universe Organization L.P., LLLP is a Donald J. Trump and NBC Universal joint venture. NBC Universal broadcasts the MISS USA® and MISS UNIVERSE® competitions live during prime time in the United States. NBC Universal distributes the shows to international markets (approximately 170 countries). The three events are packaged together for international distribution. NBCUniversal promotes the live telecast prior to the air date, which provides exposure to th~ host 1 101 C&J) Agenda Item -__.;;;__- Date ;Jr 8'"-/ L destination. The pageant is also distributed to over 90 countries and territories worldwide. Miss USA® was watched by 1 in 17 Americans in 2011 and also has a large internet presence that generates millions of impressions. The first eight years of competition (1952-1959) the Miss USA® pageant was held in Long Beach, California. The competition moved to Miami Beach, Florida in 1960 and stayed in Miami Beach, with the exception of 1962, until 1971. In order to host the MISS USA® Pageant in Miami Beach, the host organization is required to raise cash and/or in- kind support to cover the production expenses for the event. It is expected that the host organization will seek third party sponsorships in order to help meet the cash/in-kind needs necessary to successfully host the pageant; these sponsorships cannot conflict with any current pageant sponsorships. The original cash and in-kind requirement discussed with the MISS USA® representatives totaled approximately $3,000,000. This total requirement included costs for the pageant venue; hotel rooms and meals (contestants and staff); security; community events; staging; production; local transportation; and airfare, among others. In exchange for this commitment, the Host Organization is considered the "Official Sponsor'' of the pageant, receives approximately eight (8) minutes of destination primetime television exposure and audio mentions during the broadcast on NBC and in pre and post pageant coverage, receives a local economic tourism impact for three (3) weeks leading up to the pageant, as well as other promotional opportunities. The 2012 pageant will be televised on June 3, 2012. Pre- pageant events would lead up to the show, and could include events both in the City and outside of the City. In order to accommodate the necessary production needs, the pageant would need to be produced in the Miami Beach Convention Center, which impacts production costs as compared to the use of an established theater or performing arts facility; the Fillmore Miami Beach at the Jackie Gleason is not large enough for this event. Following the December 19, 2011 Commission meeting, ACT Productions reported to staff that the cash and in-kind requirement could potentially be reduced to $1,000,000 pending further discussions/negotiations. Mr. Sklar stated that he felt that if the cash and in-kind requirement could be reduced to $500,000 the event would be feasible and that a rent waiver at the Convention Center would be required for the pageant. Chairperson Deede Weithorn asked what the cost would be to the City. Mr. Sklar stated that it would depend on amount of funding provided from other sources. City Manager Jorge Gonzalez stated that it would be approximately $150,000 -$200,000. Discussion ensued. Commissioner Jonah Wolfson felt that the GMCVB, as a partner with the City, should do all they can to make the event happen. Commissioner Jerry Libbin was concerned about scheduling the Miss USA pageant during Memorial Day Weekend this year. Commissioner Jorge Exposito asked what the time frame was for making the decision. Mr. Sklar stated that the decision on where the pageant would be held would be made in the next few weeks. Commissioner Michael Gongora was in favor of the event if the amount of cash/in-kind requirement was reduced to something that the City could afford and suggested that the City try to host the Latin Grammy Awards again. Chairperson Weithorn asked Chief Financial Officer Patricia Walker if Resort Tax has exceeded expectations so far this year. Ms. Walker stated that it has exceeded expectations so far. Chairperson Weithorn suggested that administration continue to work with Miss USA® to negotiate an agreement between the City and its partners, not to exceed $250,000. If successful, the agreement would be brought to the City Commission for approval. 2. Discussion regarding towing permits 2 102 ACTION City Attorney Jose Smith is to send a copy of the Notice to Dismiss to Commissioner Michael Gongora. The Committee requested that Staff do a sensitivity analysis using other rates for the increase of the towing rate, send a copy of the provisions for auditing the towing permitees to the full Commission, that an additional public benefit be proposed, that Staff verify the Rate Analysis that was included in the memo, and that the towing permitees present cities that they feel are comparable for comparison. The Committee also referred the discussion regarding Terminal Island to the full Commission and asked that the neighborhoods that are affected be notified so that they may have the right to respond. Assistant City Manager Jorge Gomez presented the item and gave a synopsis of the memo. Commissioner Jorge Exposito asked what the reasoning was behind requiring in-vehicle cameras, GPS tracking and what the costs were. Parking Director Saul Frances stated that the reason was for protection of not only for the City but the towing operators as well. The in-vehicle cameras would provide a visual picture of what took place when the vehicle was being towed and the GPS tracking would ensure that the vehicle was being taken to the correct storage location. Mr. Frances stated that the in-vehicle cameras have not been priced yet, but the GPS tracking system would cost approximately $300 per vehicle for installation and approximately $20 per month for monitoring services. Commissioner Jerry Libbin asked who was establishing the request for the rate increase. Mr. Gomez stated that the rates were proposed by the towing companies. Commissioner Ed Tobin asked how much revenue was generated by City tows. Mr. Frances stated that last year there were approximately 14,000 tows between the Police and Parking Departments, and at the Average Tow Fee of $205 minus the City Fee of $25 would be approximately $2.5 million. Commissioner Tobin was concerned that the towing companies stated that they were operating at a loss when approximately $2.5 million dollars of revenue was generated by the City contract alone. Commissioner Michael Gongora asked for clarification on the one-time only resident discount. Mr. Andrade stated that it was intended to be a onetime per company per resident discount, a once in a lifetime discount for residents. Commissioner Gongora stated that he would like to see that changed and asked what the proposed rate increase was based upon. Mr. Andrade stated that the proposed rate increase was based upon Consumer Price Index (CPI) increases. Commissioner Gongora then asked what percentage the rate increased when the last increase was implemented. City Manager Jorge Gonzalez stated that in 2004 the Class A fee was $95 and was raised $10 each year for two (2) years, the Admin fee was raised from $25 to $30, the afterhours fee was raised from zero to $30, and the Labor fee was increased from zero to $20 and then $25. Chairperson Deede Weithorn asked how many years the 2004 increase was adjusting for. Mr. Frances stated that is was for a four (4) year period. Chairperson Weithorn then opened the floor to public comment. Miami Beach Resident Frank Del Vecchio stated that he reviewed the City Code, State Statutes and County code regarding towing and felt that the public interest was not being served. Mr. Del Vecchio suggested the City look at booting vehicles, and suggested that an audit of the towing companies be performed. Discussion ensued. Lobbyist David Gustin suggested that the City freeze the City Fee portion of the Tow Fee. Ralph Andrade, attorney for Beach Towing, distributed a revised proposed towing resolution. Chief Deputy City Attorney Raul Aguila noted some of the changes that were made on the revised proposed resolution which included changing the extension dates from January 1, 2012 through December 31, 3 103 2014 to February 1, 2012 through January 31, 2015 and then asked if the clause relating to the litigation, which was a condition of the approval of the resolution, that the petitioner agree to drop the lawsuits with prejudice, was omitted in error. Mr. Andrade stated that one lawsuit had already been voluntarily dismissed. Mr. Aguila stated that the lawsuit that had already been dismissed was done so without prejudice and that the City was requesting that all three lawsuits be dismissed with prejudice and that each party bear their own attorneys' fees and costs. Discussion ensued. City Attorney Jose Smith stated that he would submit the Notice to Dismiss to Mr. Andrade and copy Commissioner Michael Gongora. The Committee requested that Staff do a sensitivity analysis using other rates for the increase of the towing rate, send a copy of the provisions for auditing the towing permitees to the full Commission, that an additional public benefit be proposed, that Staff verify the Rate Analysis that was included in the memo, and that the towing permitees submit to Parking Director Saul Frances, cities that they feel are comparable for comparison. The Committee also referred the discussion regarding Terminal Island to the full Commission and asked that the neighborhoods that are affected be notified so that they may have the right to respond. 4 104 C7 RESOLUTIONS 105 COMMISSION ITEM SUMMARY Condensed Title: I A Resolution authorizing the City Manager to apply for and accept five (5) grants. Key Intended Outcomes Supported: 1 )Maximize efficient delivery of services; 2)Preserve our beaches; 3)lncrease satisfaction with family recreational activities; 4 )Reduce the number of homeless; 5)Maintain crime rates at or below national trends. Supporting Data-2009 Community Survey: 1) The Fire Department has experienced a 9% increase in the number of pre-hospital care calls for service from 14,796 in 2000 to 16,153 in 2010; 3) 85% of residents rated recreation programs as either 'excellent' or 'good', 18% of residents rated recreation programs as one the services the City should strive not to reduce; and 37% identified 18 years and under as the demographic group that should benefit most for recreation programs given limited resources 4) "The City's efforts to address homelessness" was a key driver for resident respondents in how they view the City as a place to live, view city government on meeting expectations and if they would 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 on Miami Beach; the number of homeless contacts in 2009 was 14,631 compared to 1,900 in 2003-this indicates a 670% increase in the number of homeless contacts from 2003 to 2009; while the actual number of homeless on Miami Beach has changed from 314 in 2000 to 149 in 2010; 5) Business and resident respondents rated "Preventing Crime" as the most important areas for the City of Miami Beach to address in an effort to improve public safety throughout the City. Issue: Shall the City support the following funding requests and execute the related agreements? Item Summary/Recommendation: Approval to submit the following grants: 1) Miami-Dade County EMS in the approximate amount of $20,000 for Fire Department Emergency Medical Service needs; 2) Florida Department of Environmental Protection Coastal Partnership Initiative in the approximate amount of $50,000 for dune restoration; 3) Florida Junior Golf Council in the approximate amount of $10,000 for the Normandy Shores Youth Golf Clinic; 4) Emergency Food and Shelter Program in the approximate amount of $40,000 for emergency assistance; 5) Florida Office of the Attorney General for Victims of Crime Act in the approximate amount of $59,000 for the City's Domestic Violence 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. Adopt the Resolution. Advisory Board Recommendation: N/A Financial Information: Source # Grant Name/ Approx. Match Amount/City Expense/Source of Project Grant funds Amount [1tJ 1 MDC EMS/ $20,000 N/A Fire Rescue Needs 2 DEP/ $50,000 $50,000/Public Works will request matching Dune Restoration funds subject to award of grant in the FY 12/13 budget cycle. 3 FJGC/Normandy $10,000 N/A Shores Youth Golf Clinic 4 EFSP/ $40,000 N/A Emergency Assistance 5 VOCAl Domestic $59,000 Required grant match is approx. $15,000. Violence Program However, the city will contribute approx. $41 , 1 04 to cover the remaining portion of the salary. Source: Police Confiscation, Law Enforcement Trust Funds through the FY 12/13 budget process (to be appropriated). Financial Impact Summary: City Clerk's Office Legislative Tracking: Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement Assistant City Manager MIAMI BEACH 107 C7A AGENDA ITEM------'-- DATE 2-8-12- ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager\~ DATE: February 8, 2012 0 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT GRANT APPLICATIONS TO: 1) MIAMI-DADE COUNTY EMS FOR FUNDING IN THE APPROXIMATE AMOUNT OF $20,000 FOR FIRE DEPARTMENT EMERGENCY MEDICAL SERVICE (EMS) NEEDS; 2) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION COASTAL PARTNERSHIP INITIATIVE FOR FUNDING IN THE APPROXIMATE AMOUNT OF $50,000 FOR DUNE RESTORATION; 3) FLORIDA JUNIOR GOLF COUNCIL IN THE APPROXIMATE AMOUNT OF $10,000 FOR THE NORMANDY SHORES YOUTH GOLF CLINIC; 4) EMERGENCY FOOD AND SHELTER PROGRAM (EFSP) FOR FUNDING IN THE APPROXIMATE AMOUNT OF $40,000 FOR EMERGENCY ASSISTANCE; 5) FLORIDA OFFICE OF THE ATTORNEY GENERAL FOR VICTIMS OF CRIME ACT (VOCA) FUNDING IN THE APPROXIMATE AMOUNT OF $59,000 FOR THE CITY'S DOMESTIC VIOLENCE 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. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS 1. Approval to submit an application to Miami-Dade County for Emergency Medical Services (EMS) grant funds in the approximate amount of $20,000 for the City's fire rescue needs The Florida Department of Health is authorized by chapter 401, Part II, Florida Statutes to provide grants to Boards of County Commissioners for the purpose of improving and expanding emergency medical services. These grants are awarded only to Boards of County Commissioners, but may subsequently be distributed to municipalities and other agencies involved in the provision of EMS pre- hospital care. Miami-Dade County makes these funds available to cities within the County. The funds are derived by the state from surcharges on various traffic violations. 108 Commission Memorandum Page2 The Administration intends to apply for funding in the approximate amount of $20,000. Funding may be used for EMS educational materials, materials, supplies, training, training equipment, technical rescue equipment and reference library materials. This grant does not require matching funds. The project supports the key intended outcome: maximize efficient delivery of services. 2. Approval to submit an application to Florida Department of Environmental Protection Coastal Partnership Initiative for funding in the approximate amount of $50,000 for Dune Restoration The State of Florida's Coastal Partnership Initiative Program provides support for innovative local coastal management projects in four program areas: resilient communities, public access, working waterfronts, and coastal stewardship. Additionally, governmental, educational, and non-profit entities may apply for grants for community projects such as dune revegetation, citizen water quality monitoring and waterfront revitalization. The City is responsible for maintaining 7 miles of dunes. The dunes are important because they serve as storm protection for upland structures, they capture sand to combat erosion, and they create habitat for native plants and animals. The Administration intends to apply to this funding source for dune restoration, in the approximate amount of $50,000. A match is required and Public Works will request matching funds, subject to award of this grant during the FY 12/13 budget cycle. This project supports the key intended outcome preserve our beaches. 3. Approval to submit an application to Florida Junior Golf Council Funding in the approximate amount of $10,000 for the Normandy Shores Junior Golf Program Created in 2002 by the Dade Amateur Golf Association, the Florida Junior Golf Council was formed for the benefit of Florida's junior golf programs. Through the efforts of golf advocates throughout the state, the "Golf Capital of the World" license plate was passed into law by the Florida legislature and the revenue derived from the "golf license plate" is used to assist organizations in the State that offer instruction and playing opportunities in conjunction with education. Funds are also used in support of junior golf initiatives serving the disadvantaged and disabled. The mission of the Florida Junior Golf Council is to improve the lives of Florida's youth by introducing them to the game of golf and the values embodied in the game. The organization provides funds to junior golf programs that offer instruction and playing opportunities in conjunction with education in golfs core values of integrity, honesty, personal responsibility and sportsmanship. Additionally, the grant program assists junior golf organizations that serve economically disadvantaged youth, children with special needs and the general population. The City was awarded previous funding from the Florida Junior Golf Council for the youth golf clinic at Normandy Shores Golf Course. The program was successful and included three six-week sessions for 22 youth from low-income backgrounds. The City has continued this program, and this year, plans to apply to the Florida Junior Golf Council (FJGC) for funding in the approximate amount of $10,000 to continue this popular program. This project supports the key intended outcome increase satisfaction with family recreational activities. 109 Commission Memorandum Page3 The FJGC places great emphasis on providing affordable golf course access to program participants, both during scheduled programming and after programming is concluded. The grant does not require a cash match; however, the FJGC encourages applicants to develop a variety of individual, community and private funding sources. This project supports the key intended outcomes: increase satisfaction with family recreational activities and enhance learning opportunities for youth. 4. Approval to submit a grant application to the Emergency Food and Shelter Program (EFSP) in the approximate amount of $40.000 for emergency assistance The funds from the Emergency Food and Shelter Program are awarded from the Federal Emergency Management Agency (FEMA). The program is governed by a National Board. FEMA chairs the National Board and provides policy guidance, oversight, federal coordination and staff assistance to the National Board regarding this program. Local boards are convened in the qualifying jurisdictions to determine the highest need and best use of funds and to select Local Recipient Organizations to receive funding and provide emergency food and shelter services. Each year needs are assessed in an effort to adapt to particular community needs. The EFSP was created to supplement the work of local social service agencies, both non- profit and governmental, in assisting people in need of emergency assistance. The funding should be used to target special emergency needs. These needs are primarily economic in nature, as opposed to disaster related. The program's funding priority is to provide rent/mortgage assistance and food to those in need. The City has previously received EFSP funding, and this year the Administration proposes to submit an application for funds for the following assistance: 1) provision of rent/mortgage assistance to individuals and families at-risk of homelessness; 2) provision of hotel/motel placements to homeless individuals and families, when conventional emergency shelter beds are unsuitable; 3) provision of food vouchers; and 4) utilities assistance. This request is for Phase 30 funding for calendar year 2012. Matching funds are not required for this grant. This project supports the key intended outcome: reduce the number of homeless. 5. Approval to submit a Victims of Crime Act (VOCA) Application for funding in the approximate amount of $59,000 for the City's Domestic Violence Programs The Administration plans to apply for funding for the Police Department's Domestic Violence Program. Funds for this grant are available from the Office of the Attorney General Victims of Crime Act program. This grant will partially cover the salary of one Victim's Advocate position in the Police Department's Domestic Violence Unit (approximately 59% of the Victim's Advocate salary and benefits). The Police Department will provide the remaining balance of the salary from the Confiscation, Law Enforcement Trust Fund through the FY 12/13 budget process. This will also exceed the required 25% match required by the funding agency This project supports the following key intended outcomes: maintain crime rates at or below national trends. 110 Commission Memorandum Page4 CONCLUSION The Administration requests approval to submit grant applications to: 1) Miami-Dade County EMS for funding in the approximate amount of $20,000 for Fire Department Emergency Medical Service (EMS) needs; 2) Florida Department of Environmental Protection Coastal Partnership Initiative for funding in the approximate amount of $50,000 for Dune Restoration; 3) Florida Junior Golf Council in the approximate amount of $10,000 for the Normandy Shores Youth Golf Clinic; 4) Emergency Food and Shelter Program (EFSP) forfunding in the approximate amount of $40,000 for Emergency Assistance; 5) Florida Office of The Attorney General for Victims of Crime Act (VOCA) funding in the approximate amount of $59,000 for the City's Domestic Violence 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. JMG/KGB/JMH T:\AGENDA\2012\2-8-12\Grants Memo.doc 111 RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT GRANT APPLICATIONS TO: 1} MIAMI-DADE COUNTY EMS FOR FUNDING IN THE APPROXIMATE AMOUNT OF $20,000 FOR FIRE DEPARTMENT EMERGENCY MEDICAL SERVICE (EMS} NEEDS; 2} FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION COASTAL PARTNERSHIP INITIATIVE FOR FUNDING IN THE APPROXIMATE AMOUNT OF $50,000 FOR DUNE RESTORATION; 3} FLORIDA JUNIOR GOLF COUNCIL IN THE APPROXIMATE AMOUNT OF $10,000 FOR THE NORMANDY SHORES YOUTH GOLF CLINIC; 4} EMERGENCY FOOD AND SHELTER PROGRAM (EFSP} FOR FUNDING IN THE APPROXIMATE AMOUNT OF $40,000 FOR EMERGENCY ASSISTANCE; 5} FLORIDA OFFICE OF THE ATTORNEY GENERAL FOR VICTIMS OF CRIME ACT (VOCA} FUNDING IN THE APPROXIMATE AMOUNT OF $59,000 FOR THE CITY'S DOMESTIC VIOLENCE 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. WHEREAS, the Florida Department of Health is authorized by Chapter 401, Part II, Florida Statutes to provide grants to Boards of County Commissioners for the purpose of improving and expanding emergency medical services; and WHEREAS, these grants are awarded only to Boards of County Commissioners, but may subsequently be distributed to municipalities and other agencies involved in the provision of EMS pre-hospital care and Miami-Dade County makes these funds available to cities within the County and the funds are derived by the State from surcharges on various traffic violations; and WHEREAS, the Administration intends to apply for funding in the approximate amount of $20,000 and funding may be used for EMS educational materials, materials, supplies, training, training equipment, technical rescue equipment and reference library materials: and WHEREAS, this grant does not require matching funds and the project supports the key intended outcome: maximize efficient delivery of services; and WHEREAS, the State of Florida's Coastal Partnership Initiative Program provides support for innovative local coastal management projects in four program areas: resilient communities, public access, working waterfronts, and coastal stewardship; and WHEREAS, the City is responsible for maintaining 7 miles of dunes and the dunes are important because they serve as storm protection for upland structures, they capture sand to combat erosion, and they create habitat for native plants and animals; and 112 WHEREAS, the Administration intends to apply to this funding source for dune restoration, in the approximate amount of $50,000; and WHEREAS, a $1:$1 match is required, therefore, Public Works will request matching funds, subject to award of this grant during the FY 12/13 budget cycle and this project supports the key intended outcome preserve our beaches; and WHEREAS, the Florida Junior Golf Council was created in 2002 by the Dade Amateur Golf Association, for the benefit of Florida's junior golf programs and the "Golf Capital of the World" license plate was passed into law by the Florida legislature and the revenue derived from the "golf license plate" is used to assist organizations in the State that offer instruction and playing opportunities in conjunction with education and funds are also used in support of junior golf initiatives serving the disadvantaged and disabled; and WHEREAS, the Florida Junior Golf Council provides funds to junior golf programs that offer instruction and playing opportunities in conjunction with education in golfs core values and the grant program assists junior golf organizations that serve economically disadvantaged youth, children with special needs and the general population; and WHEREAS, the City of Miami Beach was awarded previous funding from the Florida Junior Golf Council for the youth golf clinic at Normandy Shores Golf Course, the program was successful and included three six-week sessions for 22 youth from low- income backgrounds and the Administration plans to apply for funding to continue this popular program; and WHEREAS, the Administration intends to apply for funding in the approximate amount of $10,000 and the grant does not require matching funds; and WHEREAS, this project supports the key intended outcomes: increase satisfaction with family recreational activities; and WHEREAS, the funds from the Emergency Food and Shelter Program are awarded from the Federal Emergency Management Agency (FEMA) and local boards are convened in the qualifying jurisdictions to determine the highest need and best use of funds and to select Local Recipient Organizations to receive funding and provide emergency food and shelter services; and WHEREAS, the EFSP was created to supplement the work of local social service agencies, both non-profit and governmental, in assisting people in need of emergency assistance and the funding should be used to target special emergency needs that are primarily economic in nature, as opposed to disaster related; and WHEREAS, the program's funding priority is to provide rent/mortgage assistance and food to those in need and the City has previously received EFSP funding, and this year the Administration proposes to submit an application for funds for the following assistance: 1) provision of rent/mortgage assistance to individuals and families at-risk of homelessness; 2) provision of hotel/motel placements to homeless individuals and families, when conventional emergency shelter beds are unsuitable; 3) provision of food vouchers; and 4) utilities assistance; and WHEREAS, this request is for Phase 30 funding for calendar year 2012 in the approximate amount of $40,000 and matching funds are not required for this grant; and 113 WHEREAS, this project supports the key intended outcome: reduce the number of homeless; and WHEREAS, the Administration plans to apply to the Office of the Attorney General for Victims of Crime Act program funds; and WHEREAS, this grant will partially cover the salary of one Victim's Advocate position in the Police Department's Domestic Violence Unit (approximately 59% of the Victim's Advocate salary and benefits; and WHEREAS, the Police Department will provide the remaining balance of the salary from the Confiscation, Law Enforcement Trust Fund through the FY 12/13 budget process, this will also exceed the required 25% match required by the funding agency; and WHEREAS, this project supports the following key intended outcomes: maintain crime rates at or below national trends. NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Commission hereby approve and authorize the City Manager or his designee to submit the following grant applications to: 1) Miami-Dade County EMS for funding in the approximate amount of $20,000 for Fire Department Emergency Medical Service (EMS) needs; 2) Florida Department of Environmental Protection Coastal Partnership Initiative for funding in the approximate amount of $50,000 for dune restoration; 3) Florida Junior Golf Council in the approximate amount of $10,000 for the Normandy Shores Youth Golf Clinic; 4) Emergency Food and Shelter Program (EFSP) for funding in the approximate amount of $40,000 for emergency assistance; 5) Florida Office of the Attorney General For Victims of Crime Act (VOCA) funding in the approximate amount of $59,000 for the City's Domestic Violence 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 ___ , 2012. ATTEST: CITY CLERK JMG/KGB/JMH T:\AGENDA\2012\2-8-12\Grants Reso.doc 114 MAYOR COMMISSION ITEM SUMMARY Condensed Title: A Resolution in support of adequate UASI funding and Tier I Designation for the Miami-Fort Lauderdale UASI. Key Intended Outcomes Supported: Maintain crime rates at or below national trends. Supporting Data-2009 Community Survey: Safety (crime, police) was rated as the number one change that would make Miami Beach a better place to live, work, play or visit. Issue: Shall the City support the following request for adequate UASI funding and Tier I Designation for the Miami-Fort Lauderdale UASI? Item Summary/Recommendation: The Administration requests approval to adopt a Resolution in support of adequate funding from the Department of Homeland Security for the UASI program, and to designate the Miami-Fort Lauderdale Urban Area Security Initiative (UASI) a Tier I Urban Area. The eleven highest risk urban areas are designated Tier I areas and the remaining twenty are designated Tier II. Miami-Fort Lauderdale UASI is currently ranked as the thirteenth highest risk urban area and is listed as a Tier II Urban Area. DHS allocates significantly more funding to Tier I urban areas (over80 percent of total UASI funding in FY 2011). As a Tier II urban area, MIA-FLL UASI sustained a 44 percent reduction in funding in FY 2011, while the eleven Tier I Urban Areas sustained no reductions in funding. The current UASI methodology utilized by DHS does not adequately account for airport and sea borne threats, nor the presence of thousands of passengers filling cruise ship beds. The Miami-Fort Lauderdale UASI is concerned that the Department of Homeland Security through the UAS I Program will continue to dedicate insufficient resources to safeguard the Miami-Fort Lauderdale Urban Area. This Resolution, which is also being adopted by other municipalities in the MIA-FLL UASI, is to request that the Miami-Fort Lauderdale UASI be designated a Tier I urban area. Adopt the Resolution. Advisory Board Recommendation: N/A Financial Information: Source of # Amount Account Approved funds D N/A Financial Impact Summary: Ci Clerk's Office Le islative Trackin : Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement Si n-Offs: Assistant City Manager - MIAMI BEACH 115 AGENDA ITEM ___:C;.._7_f3.4:-.....,. DATE 2-~-/2_ ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager \ ~ February 8, 2012 U 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, IN SUPPORT OF ADEQUATE HOMELAND SECURITY FUNDING AND TIER I DEPARTMENT OF HOMELAND SECURITY (DHS} DESIGNATION FOR THE MIAMI-FORT LAUDERDALE URBAN AREA SECURITY INITIATIVE (UASI} ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The U.S. Department of Homeland Security (DHS), through the Urban Area Security Initiative Program, provides homeland security grant funding to address the unique planning, organization, equipment, training, and exercise needs of high-threat, high-density urban areas, and assists them in building an enhanced and sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism. DHS distinguishes urban areas as either Tier I or Tier II; with the eleven highest risk urban areas deemed Tier I, and the remaining 20 deemed Tier II. The Miami-Fort Lauderdale UASI (MIA-FLL) is currently ranked as the thirteenth highest risk urban area and is listed near the top of Tier II. DHS allocates significantly more funding to Tier I Urban Areas (over 80 percent of total UASI funding in FY 2011 ). As a Tier II urban area, MIA-FLL UASI sustained a 44 percent reduction in funding from $17.1 million in FY 2010 to $9.6 million in FY 2011, while the eleven Tier I Urban Areas sustained no reductions in funding. The Miami-Fort Lauderdale UASI is concerned that the Department of Homeland Security through the UASI Program will continue to dedicate insufficient resources to safeguard the Miami-Fort Lauderdale Urban Area. The current UASI methodology utilized by DHS does not adequately account for airport and sea borne threats, nor the presence of thousands of passengers filling cruise ship beds. This Resolution, which is also being adopted by other municipalities in the MIA-FLL UASI, is to request that it be designated a Tier I urban area. The Tier designation is based on a DHS formula that assesses risk based on factors such as threat, vulnerability, and consequence, taking into account population, borders, economic impact, and critical infrastructure. The MIA-FLL UASI is the eighth-largest Metropolitan Statistical Area in the United States, with a permanent population of 5.6 million residents in Palm Beach, Broward, Miami-Dade, and Monroe Counties, plus millions of seasonal residents and tourists. It includes over 11 0 municipalities, four international airports, three major convention centers, critical utility and water infrastructure and four international seaports. Port of Miami is the busiest passenger cruise ship port in the world and Port Everglades is the site of South Florida's primary fuel storage and distribution center that supplies nearly one-fifth of the state's energy requirements. 116 Commission Memorandum Page2 The Miami-Fort Lauderdale UASI region includes Lake Okeechobee and the Herbert Hoover Dike, which, if respectively contaminated or breached, would cause enormous disruptions in drinking water supplies and agricultural irrigation with flooding that would endanger South Florida and much of Central Florida. The Miami-Fort Lauderdale UASI has both national and international economic significance, with a gross domestic product ( GDP) of $252.6 billion, it is home to the largest concentration of international banks in the United States, and is the future home of the Permanent Secretariat of the Free Trade Agreement of the Americas. It is also home to the National Access Point (NAP) Center of the Americas, which is the primary internet and telecommunications distribution center for all of Central and South America. The MIA-FLL UASI is of immense significance to our nation's defense and homeland security, serving as the home to US Southern Command, Homestead Air Reserve Base, US Coast Guard operations at Air Station Miami and Station Miami Beach; and the National Hurricane Center. The National Commission on Terrorist Attacks upon the United States cites specific localities within the Miami-Fort Lauderdale UASI region through which some of the 9-11 terrorists are known to have traveled. UASI funding is essential in providing funding for the training and coordination of communication and response for over a hundred different fire, EMS, HazMat, law enforcement, emergency operations and public health agencies within the Miami/Ft. Lauderdale UASI. DHS has been given the discretion in FY2012 to allocate both overall UASI funding and the specific distribution of UASI dollars to individual UASI areas; unlike previously where Congress has annually set forth the overall amount for the UASI program, and given DHS discretion solely to make Tier level rankings and allocations to individual UASis. The Department of Homeland Security funding for FY20 12 for first-responder programs including UASI is $1 billion less than for FY2011. The City of Miami Beach strongly encourages the Department of Homeland Security to recognize the Miami-Fort Lauderdale Urban Area as a Tier I UASI funding recipient within the UASI Program, and allocate adequate funding commensurate with its risk profile and importance to the nation. The City of Miami Beach supports an allocation of FY2012 Department of Homeland Security funding for the Urban Area Security Initiative program that at a minimum maintains individual UASI capabilities and critical functions. Cities in the Miami-Fort Lauderdale Urban Area will be adopting similar resolutions to this one, and copies of the resolutions will be forwarded to the South Florida Congressional delegation. CONCLUSION In conclusion, the Administration requests that the Mayor and The City Commission of the City of Miami Beach support adequate Homeland Security funding and Tier I Department of Homeland Security (DHS) designation for the Miami-Fort Lauderdale Urban Area Security Initiative (UASI). JMG/KGB/JMH T:\AGENDA\2012\2-8-12\Grants Memo UASI support.doc 117 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, IN SUPPORT OF ADEQUATE HOMELAND SECURITY FUNDING AND TIER I DEPARTMENT OF HOMELAND SECURITY (DHS} DESIGNATION FOR THE MIAMI-FORT LAUDERDALE URBAN AREA SECURITY INITIATIVE (UASI} WHEREAS, the Department of Homeland Security, through the Urban Area Security Initiative Program, provides homeland security grant funding to address the unique planning, organization, equipment, training, and exercise needs of high-threat, high-density urban areas, and assists them in building an enhanced and sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism; and WHEREAS, the Department of Homeland Security, through the UASI Program, distinguishes urban areas as either Tier I and Tier II, with the 11 highest risk urban areas deemed Tier I, and the remaining 20 deemed Tier II; and WHEREAS, the Department of Homeland Security allocates significantly more funding to Tier 1 Urban Areas, including over 80 percent of total UASI funding in FY 2011; and WHEREAS, the Tier I designation is based on a DHS formula that assesses risk based on factors such as threat, vulnerability, and consequence, taking into account population, borders, economic impact, and critical infrastructure and this resolution is to request that the Miami-Fort Lauderdale UASI be designated a Tier 1 area; and WHEREAS, the Miami-Fort Lauderdale UASI is the eighth-largest Metropolitan Statistical Area in the United States, with a permanent population of 5.6 million residents living throughout Palm Beach, Broward, Miami-Dade, and Monroe Counties, along with millions of seasonal residents and tourist travelers; and WHEREAS, the Miami-Fort Lauderdale UASI includes over 110 municipalities, four international airports, three major convention centers, and other critical utility and water infrastructure; and WHEREAS, the Miami-Fort Lauderdale UASI encompasses four international seaports: Port Everglades, Port of Key West, Port of Miami, and Port of Palm Beach, with the Port of Miami the busiest passenger cruise ship port in the world; and WHEREAS, Port Everglades is the site of South Florida's primary fuel storage and distribution center that supplies nearly one-fifth of the state's energy requirements; and WHEREAS, the Miami-Fort Lauderdale UASI region includes Lake Okeechobee and the Herbert Hoover Dike, which, if respectively contaminated or breached, would cause enormous disruptions in drinking water supplies and agricultural irrigation with flooding that would endanger South Florida and much of Central Florida; and 118 WHEREAS, the Miami-Fort Lauderdale UASI has both national and international economic significance, with a gross domestic product (GOP) of $252.6 billion, and is home to the largest concentration of international banks in the United States, and is the future home of the Permanent Secretariat of the Free Trade Agreement of the Americas; and WHEREAS, the Miami-Fort Lauderdale UASI is home to the National Access Point (NAP) Center of the Americas, which is the primary internet and telecommunications distribution center for all of Central and South America; and WHEREAS, the Miami-Fort Lauderdale UASI is of immense significance to our Nation's defense and homeland security, serving as the home to US Southern Command, Homestead Air Reserve Base, US Coast Guard operations at Air Station Miami and Station Miami Beach; and the National Hurricane Center; and WHEREAS, the National Commission on Terrorist Attacks upon the United States cites specific localities within the Miami-Fort Lauderdale UASI region through which some of the 9-11 terrorists are known to have traveled; and WHEREAS, UASI funding is essential in providing funding for the training and coordination of communication and response for over a hundred different fire, EMS, HazMat, law enforcement, emergency operations and public health agencies within the Miami/Ft. Lauderdale UASI; and WHEREAS, the Miami-Fort Lauderdale Urban Area is not currently designated as a Tier I high-threat, high density urban area; and WHEREAS, the current UASI methodology utilized by DHS does not adequately account for airport and sea borne threats, nor the presence of thousands of passengers filling cruise ship beds; and WHEREAS, the Miami-Fort Lauderdale Urban Area despite being among the top 13 UASis in the country, sustained a 44 percent reduction in funding from $17.1 million in FY201 0 to $9.6 million in FY2011, while the eleven Tier 1 Urban Areas sustained no reductions in funding; and WHEREAS, the City of Miami Beach as part of the Miami-Fort Lauderdale UASI, is concerned that the Department of Homeland Security through the UASI Program, will continue to dedicate insufficient resources to safeguard the Miami-Fort Lauderdale Urban Area; and WHEREAS, the Department of Homeland Security has been given the discretion in FY2012 to allocate both overall UASI funding and the specific distribution of UASI dollars to individual UASI areas; unlike previously where Congress has annually set forth the overall amount for the UASI program, and given DHS discretion solely to make Tier level rankings and allocations to individual UASis; and WHEREAS, the Department of Homeland Security funding for FY2012 for first- responder programs including UASI is $1 billion less than for FY2011; and WHEREAS, the City of Miami Beach strongly encourages the Department of Homeland Security to recognize the Miami-Fort Lauderdale Urban Area as a Tier I UASI funding recipient 119 within the UASI Program, and allocate adequate funding commensurate with its risk profile and importance to the nation; and WHEREAS, the City of Miami Beach supports an allocation of FY2012 Department of Homeland Security funding for the Urban Area Security Initiative program that at a minimum maintains individual UASI capabilities and critical functions; and WHEREAS, all jurisdictions in the Miami-Fort Lauderdale Urban Area have been encouraged to adopt similar resolutions and copies of the resolutions will be forwarded to the South Florida Congressional delegation. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and Commission support adequate Homeland Security funding and Tier I Department of Homeland Security (DHS) Designation for the Miami-Fort Lauderdale Urban Area Security Initiative (UASI). PASSED and ADOPTED this __ day of-----' 2012. ATTEST: MAYOR CITY CLERK JMG/KGB/JMH T:\AGENDA\2012\2-8-12\Grants Reso USAI Support.docx 120 C7 -Resolutions C7C A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Qualifications (RFQ) No. 18-11/12, 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 South Pointe Park Pier Project; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Proposer, The Weitz Company; And Should The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposer, Authorizing Negotiations With The Second-Ranked Proposer, TGSV Enterprises, Inc.; And Should The Administration Not Be Successful In Negotiating An Agreement With The Second-Ranked Proposer, Authorizing Negotiations With The Third-Ranked Proposer, H. A. Contracting Corporation, And Further Authorizing The Mayor And City Clerk To Execute An Agreement For Pre-Construction Services. (Capital Improvement Projects/Procurement) (Memorandum & Resolution to be Submitted in Supplemental) 121 Agenda Item C 7 c_ Date ~ ~ ~ -12- THIS PAGE INTENTIONALLY LEFT BLANK 122 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City of Miami Beach, Florida Be Adopted, Authorizing The Mayor And City Clerk To Execute An Agreement With Corzo Castella Carballo Thompson Salman, PA (C3TS) For A Design Criteria Package, In The Negotiated Amount Of $308,152 For Basic Services; And For A Not To Exceed Amount Of $194,930 For Other Direct Services; And For An Additional Not To Exceed Amount Of $20,000 For Approved Reimbursables, For A Total Fee Of $523,082, For The Palm And Hibiscus Islands Neighborhood Improvement Project, Pursuant To The Request For Qualification (RFQ) No. 35-10/11, With Previously Appropriated Funding From Storm Water Fund No. 431, Water And Sewer GBL Series Fund No. 420, GO Bond Fund No. 376, Neighborhood GO Bond Fund No. 384, Pay As You Go Fund No. 302 And Savings From The Nautilus ROW Improvement Project Funds No. 423 And 424. Key Intended Outcome Supported: Ensure well-maintained infrastructure and Ensure Well Designed, Quality Capital Projects. I Supporting Data (Surveys, Environmental Scan, etc.): The 2007 Community Satisfaction Survey noted 82% of North Beach residents rated recent capital projects completed as "excellenf' or "good" compared to 89% of residents citvwide. Issue: l Shall the Mayor and City Commission approve the resolution Item Summary/Recommendation: On June 14, 2011, the City issued RFQ No. 35-10/11 for a Design Criteria Professional to; prepare the design criteria package for the Palm and Hibiscus Neighborhood Right-Of-Way Improvement Project, 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 project, concerning the evaluation of the responses submitted by the design-build firms; to 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. On September 14, 2011, the City Commission approved Resoiution No. 2002-24853 authorizing the administration to enter into negotiations with the top-ranked proposer, Camp, Dresser & McKee, Inc (COM) and should the administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, C3TS; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Calvin, Giordano, And Associates, Inc. After various attempts, the City was not successful in negotiating a fee with COM because the fee was still very high (6.9%). Consequently, on November 22, 2011, the City terminated negotiations with COM and commenced negotiations with the second ranked consultant, C3TS. On December 21, 2011, C3TS submitted a proposal in the amount of $523,082. Following negotiations, the City was able to reach an agreement for the lump sum amount of $523,082 (Schedule B) as follows: Total for Basic Services ............................................................................................................... $ 308,152 Total for Other Direct Services & ................................................................................................... $ 194,930 Reimbursables........ .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . ......... . ... $ 20,000 Total Fee .•.•.........•.•..•.........•..•.......••..•......•.•.•.•......•.•.•.......•.•.....•.•.........•.•.•......•.•.•......••.•.•..... $ 523,082 The fee for basic services that is being requested, excluding other direct services and reimbursables, represent approximately 3.6% of the approximate project construction budget of $8,600,000. This fee also includes Site Verification and Analysis, Design Criteria Package, Bid and Award, and Construction Administration. The negotiated fee is commensurate with the level of improvements contemplated in the scope of services for this project. Advisory Board Recommendation: Financial Information· Source of Amount Funds: 1 $21,385 (ij) 2 $7,419 3 $2,581 4 $270,000, 5 $80,465 6 $70,000 7 $50,816 8 $20,416 OBPI Total: $523,082 MIAMI BEACH 376-2338-061357 384-2338-061357 302-2338-000356 431-2338-061357 431-2338-000356 420-2338-061357 424-2282-061357 423-2282-000356 123 Account Approved Officer AGENDA ITEM _C._7_0 __ DATE 2-fr-12- lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti H. Bower and Members of the City Commission Jorge M. Gonzalez, City Manager \\ ~ February 8, 2012 Q A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CORZO CASTELLA CARBALLO THOMPSON SALMAN, PA (C3TS) IN THE NEGOTIATED LUMP SUM AMOUNT OF $308,152 FOR BASIC SERVICES; AND A NOT TO EXCEED AMOUNT OF $194,930 FOR OTHER DIRECT SERVICES; AND AN ADDITIONAL NOT TO EXCEED AMOUNT OF $20,000 FOR APPROVED REIMBURSABLES FOR A TOTAL FEE OF $523,082, FOR A DESIGN CRITERIA PROFESSIONAL TO PREPARE THE DESIGN CRITERIA PACKAGE FOR THE PALM AND HIBISCUS NEIGHBORHOOD RIGHT-OF-WAY IMPROVEMENT PROJECT, WHICH IS INTENDED TO BE A DESIGN-BUILD CONTRACT; AND TO SERVE AS THE CITY'S REPRESENTATIVE DURING THE SELECTION OF THE DESIGN-BUILD FIRM FOR THE 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, PURSUANT TO THE REQUEST FOR QUALIFICATION (RFQ) NO. 35-10/11, WITH PREVIOUSLY APPROPRIATED FUNDING FROM STORM WATER FUND NO. 431, WATER & SEWER GBL SERIES FUND NO. 420, GO BOND FUND NO. 376, NEIGHBORHOOD GO BOND FUND NO 384, PAY AS YOU GO FUND NO. 302 AND SAVINGS FROM THE NAUTILUS ROW IMPROVEMENT PROJECT FUND NOS. 423 AND424. ADMINISTRATION RECOMMENDATION Approve the Resolution. KEY INTENDED OUTCOME Ensure value and the timely delivery of a quality capital project. FUNDING Funding for this task has been previously appropriated in the Capital Budget, specifically Storm Water Fund No. 431, Water & Sewer GBL Series Fund No. 420, GO Bond Fund No. 376, Neighborhood GO Bond Fund No 384, Pay As You Go Fund No. 302 and savings from the Nautilus ROW Improvement Project Fund Nos. 423 and 424. 124 Commission Item: Palm & Hibiscus Neighborhood ROW Improvement Project DCP Agreement Award February 8, 2012 Page 2 of4 BACKGROUND Midway between Miami and Miami Beach off the MacArthur Causeway are the Palm, and Hibiscus Islands of Miami Beach. These islands were created in the early 1920's sand dredged from the bottom of Biscayne Bay. With views of Miami Beach, downtown Miami, the Venetian Islands, and the shipping channel to the south, these islands provide the setting for unique and beautiful single- family residential neighborhoods. On May 16, 2001, the City entered into a professional services agreement with EDAW, Inc., pursuant to Request for Qualifications (RFQ) 134-99/00, for design and construction services associated with Palm and Hibiscus Islands streetscape projects. On May 3, 2002, the City Commission approved Resolution Number 2002-24853 approving and officially adopting the Basis of Design Report (BOOR) for the Palm and Hibiscus Islands Neighborhood Right of Way (ROW) Improvement Project. The BOOR identified the priority improvements that set the goals and objectives for the ROW Improvement's project. These improvements include but are not limited to the following: • Enhanced landscaping I irrigation and street lighting • Replacement of existing water main infrastructure • Improved storm water drainage collection and disposal infrastructure including swale restoration, curb and gutter, backflow prevention devices and other facilities • Street resurfacing I pavement markings • Sewer Lining and Repair • Repair and/or extension of existing sidewalks to comply with ADA requirements • Incorporation of traffic calming features, consistent with community preferences On October 11 , 2006 the City terminated the referenced professional services agreement with EDAW, Inc., pursuant to resolution Number 2006-26345. EDAW, Inc., submitted the 30% design documents to the City as part of the termination agreement and subsequently the project was placed on hold due to the inability of the Palm and Hibiscus residents to reach consensus regarding the undergrounding of electrical services. During this time the Palm-Hibiscus-Star Islands Association (HOA) elected to pursue the creation of a Special Taxing District with Miami-Dade County in order to finance the expense associated with its underground utilities project. At its May 13, 2009 meeting, the City Commission adopted Resolution No. 2009-27065; A resolution endorsing, as required pursuant to section 18-2 of the Miami-Dade County Code, the creation by Miami-Dade County of a Special Taxing District for Palm Island and Hibiscus Island, respectively, for the undergrounding of overhead utilities, subject to and contingent upon compliance with and satisfaction of the requirements for the creation of Special Taxing Districts, as set forth in Chapter 18 of the Miami-Dade County Code. After successful petition drives and various required public hearings the registered voters elected on December 7, 2010 to move forward with the underground project only for Hibiscus Island. Palm Island West residents elected not to proceed with the underground project (Palm Island East already has the undergrounding of the utilities). 125 Commission Item: Palm & Hibiscus Neighborhood ROW Improvement Project DCP Agreement Award February 8, 2012 Page 3 of4 Recently, the Palm and Hibiscus HOA requested that CIP proceed with the Palm and Hibiscus Islands Neighborhood Right of Way (ROW) Improvement Project and phase the Palm Island improvements ahead of Hibiscus Island in order not to continue to delay the capital Improvement project due to the undergrounding issue. This will to allow the process between the County, FPL and the City to occur concurrently with the preparation of a design criteria package in the hopes that by the time the project is released for proposals to a Design Build Firm the issue of the undergrounding has been resolved. On June 14, 2011, the City issued RFQ No. 35-1 0/11 for a Design Criteria Professional to prepare the design criteria package for the Palm And Hibiscus Neighborhood Right-Of-Way Improvement Project, which is intended to be a design-build contract; and to serve as the city's representative during the selection of the design-build firm for the 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. On September 14, 2011, the City Commission approved Resolution Number 2002-24853 authorizing the administration to enter into negotiations with the top-ranked proposer, Camp, Dresser & McKee, Inc (COM) and should the administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Corzo, Castella, Carballo, Thompson, Salman, Pa (C3TS); and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Calvin, Giordano, And Associates, Inc. After various attempts, the City was not successful in negotiating a fee with COM because the fee was still very high (6.9% ). Consequently, on November 22, 2011, the City terminated negotiations with COM and commenced negotiations with the second ranked consultant, C3TS. ANALYSIS The Consultant shall provide the City a Design Criteria Package for Palm and Hibiscus Island as well as a Master Design Criteria Package to be used as a template for other City horizontal right of way projects. The Palm and Hibiscus Neighborhood improvement project consists of landscaping I irrigation and street lighting, replacement of existing water main infrastructure, improved storm water drainage collection and disposal infrastructure including swale restoration, curb and gutter and other facilities, street resurfacing I pavement markings, sewer lining and repair, repair and/or extension of existing sidewalks to comply with 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) and AT&T. On December 21, 2011, C3TS submitted a proposal in the amount of $523,082. Following negotiations, the City was able to reach an agreement in the lump sum amount of $523,082 (Schedule B) as follows: The above Basic Services are comprised of the following Tasks: Planning (Site Verification and Analysis) ...................................................................... $ 47,436 Design Criteria Package /30% Design Development Documents ......................................... $ 104,888 Bidding and Award Services ..................................................................................... $ 14,805 Design Builder's Design Phase ................................................................................. $ 30,746 Design Criteria Professional-Construction Phase Services ................................................ $ 11 0.277 Total for Basic Services .................................................................................... $ 308,152 126 Commission Item: Palm & Hibiscus Neighborhood ROW Improvement Project DCP Agreement Award February 8, 2012 Page 4 of4 Other Direct Services are as Follows: Traffic Analysis and Assessment ................................................................................ $ 7,124 Contamination Screening & Evaluation Report ................................................................ $ 5,234 Phase One and Two Environmental Assessments ........................................................... $ 20,000 Topographic & Specific Purpose Survey ........................................................................ $ 35,976 Underground Utility Verification ................................................................................... $ 27,596 Geotechnical Soils Report ........................................................................................... $ 19,729 Bridge Load Monitoring & Compliance Measures ............................................................ $ 2,002 Evaluation of Existing Sewers ................................................................................... $ 37,382 Drainage Calculations ........................................................................................... $ 8,536 Outfall Evaluation ................................................................................................. $ 1 ,434 Encroachment Analysis and Survey ............................................................................ $ 29.917 Total for Other Direct Services & .......................................................................... $194,930 Reimbursables ................................................................................................. $ 20.000 Total Fee .......................................................................................................... $ 523,082 The fee for basic services that is being requested, excluding other direct services and reimbursables, represent approximately 3.6% of the approximate project construction budget of $8,600,000. This fee also includes Site Verification and Analysis, Design Criteria Package, Bid and Award, and Construction Administration. The negotiated fee is commensurate with the level of improvements contemplated in the scope of services for this project. ADMINISTRATION RECOMMENDATION It is recommended that a Resolution of the Mayor and City Commission of the City of Miami Beach, Florida be adopted, authorizing the Mayor and City Clerk to execute an Agreement with Corzo Castella Carballo Thompson Salman, PA (C3TS) for the Planning, Design, Bid and Award, and Design Criteria Professional -Construction Phase Services, in the negotiated amount of $308,152 for basic services; and a not to exceed amount of $194,930 for other direct services); and an additional not to exceed amount of $20,000 for approved reimbursables, for a total fee of $523,082, for the Palm and Hibiscus Islands Neighborhood Improvement Project, pursuant to the Request for Qualification (RFQ) no. 35-10/11, with previously appropriated funding from Storm Water Fund No. 431, Water & Sewer GBL Series Fund No. 420, GO Bond Fund No. 376, Neighborhood GO Bond Fund No 384, Pay As You Go Fund No. 302 and savings from the Nautilus ROW Improvement Project Fund Nos. 423 and 424. ATTACHMENTS: Schedule A -Scope of AlE Services Schedule B -Consultant's Compensation Fee Table Schedule C -Hourly Billing Rates Schedule JMG/DB/FV/DM/MR T:\AGENDA\2012\2-08·12\ Palm & Hibiscus-DCP Award· MEMO.doc 127 SCHEDULE A: PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH & C3TS RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM NEIGHBORHOOD NO. 13: PALM & HIBISCUS ISLANDS DESIGN CRITERIA PROFESSIONAL: C3TS, (the "CONSULTANT") BACKGROUND Midway between Miami and Miami Beach off the MacArthur Causeway are the Palm, and Hibiscus Islands of Miami Beach. These islands were created in the early 1920's sand dredged from the bottom of Biscayne Bay. With views of Miami Beach, downtown Miami, the Venetian Islands, and the shipping channel to the south, these islands provide the setting for unique and beautiful single-family residential neighborhoods. On May 16, 2001, the City entered into a professional services agreement with EDAW, Inc., pursuant to Request for Qualifications (RFQ) 134-99/00, for design and construction services associated with Palm and Hibiscus Islands streetscape projects. On May 3, 2002, the City Commission approved Resolution Number 2002-24853 approving and officially adopting the Basis of Design Report (BODR) for the Palm and Hibiscus Islands Neighborhood Right of Way (ROW) Improvement Project. The BODR identified the priority improvements that set the goals and objectives for the ROW Improvement's project. These improvements include but are not limited to the following: • Enhanced landscaping I irrigation and street lighting • Replacement of existing water main infrastructure •Improved storm water drainage collection and disposal infrastructure including swale restoration, curb and gutter, backflow prevention devices and other facilities • Street resurfacing and I or reconstruction of the roadway I pavement markings • Repair and/or extension of existing sidewalks to comply with ADA requirements •Incorporation of traffic calming features, consistent with community preferences •Lining of Sewers • Possible coordination of gas line installation by Utility On October 11, 2006 the City terminated the referenced professional services agreement with EDAW, Inc., pursuant to resolution Number 2006-26345. EDAW, Inc., submitted the 30% design documents to the City as part of the termination agreement and subsequently the project was placed on hold due to the inability of the Palm and Hibiscus residents to reach consensus regarding the undergrounding of electrical services. 1 01/19/2012 7:16PM 128 During this time, the Palm-Hibiscus Islands Association (HOA) elected to pursue the creation of a Special Taxing District with Miami-Dade County in order to finance the expense associated with its underground utilities project. At its May 13, 2009 meeting, the City Commission adopted Resolution No. 2009-27065; A resolution endorsing, as required pursuant to section 18-2 of the Miami-Dade County Code, the creation by Miami- Dade County of a Special Taxing District for Palm Island and Hibiscus Island, respectively, for the undergrounding of overhead utilities, subject to and contingent upon compliance with and satisfaction of the requirements for the creation of Special Taxing Districts, as set forth in Chapter 18 of the Miami-Dade County Co9e. After successful petition drives and various required public hearings the registered voters elected on December 7, 2010 to move forward with the underground project only for Hibiscus Island. Palm Island West residents elected not to proceed with the underground project (Palm Island East already has the undergrounding of the utilities). SCOPE OF SERVICES The Consultant shall provide the City a Design Criteria Package for Palm and Hibiscus Island as well as a Master Design Criteria Package to be used as a template for other City horizontal right of way projects. The Palm and Hibiscus Neighborhood improvement project consists of but is not limited to landscaping I irrigation and street lighting, replacement of existing water main infrastructure, improved storm water drainage collection and disposal infrastructure including swale restoration, curb and gutter, lining of the existing sewer system and other facilities, street resurfacing I pavement markings, repair and/or extension of existing sidewalks to comply with 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) 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 at a minimum 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. 2 01/19/2012 7:16PM 129 The scope of services for the design criteria package for this project shall provide at a minimum the following services, reports and evaluations in addition to the services outlined in Task 1 through 7. 1. Evaluate the existing outfalls and ascertain if any upgrades will be required to conform to the proposed storm water system. 2. Analyze the cost estimates prepared by the City for this Project and provide an updated construction estimate in format provided by the City. 3. Review and validate the City's proposed Project schedule and construction phasing plan. 4. Coordinate with FPL, AT&T and Atlantic Broadband (ABB) for conversion of overhead electrical, telephone and cable to underground for the Hibiscus Island and incorporate as an Add Alternate to the 30% Schematic Plans. 5. Coordinate with the Gas Utility Provider, who will provide for underground gas lines to the Palm & Hibiscus Island. 6. Provide a Phase One Environmental (Contamination Screening Evaluation Report) and Provide a Phase Two Environmental if required by DEP/DERM or any other Agency Having Jurisdiction. 7. Update existing topographic and specific purpose survey provided by the City and prepared by PBS&J dated April 22, 1999. 8. Provide Geotechnical Soils report as required for the project. 9. Provide Drainage Calculations and preliminary drainage analysis to substantiate proposed 30% storm water design. 10. Prepare a Traffic Analysis and Assessment. 11. Prepare an Encroachment Analysis and Survey. 12. Prepare requirements for monitoring for compliance with regard to loading requirements for bridges. 3 01/19/2012 7:16PM 130 13. Review and make recommendations to the City regarding any updates to 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 .14. 14. Create a "Master Design Criteria" boilerplate package to be re-used by the City for future project specific Design Build projects. 15. Coordinate and conduct the necessary meetings with appropriate City staff and the Palm and Hibiscus Homeowner's Association to review the proposed scope of work and any other issues that may impact this Project. The CONSULTANT shall prepare and distribute minutes of meetings with the City regarding this Project. 16. Review Front End Documents including but not limited to the Design Build General Conditions, Supplementary Conditions and/or develop criteria and performance specifications to meet the project specific scope of work for this particular project and make any recommended deviations from the PWD Design Manual shall require approval from the PWD. Because time is of the essence, the City may require (in order to expedite this project) the CONSULT ANT to phase this project as described below: • Phase ONE: Palm Island Improvements. • Phase TWO: Hibiscus Island Improvements. The basic services provided by the CONSULTANT shall include but not be limited to preparation of bidding documents incorporating schematic design, performance specifications and design criteria for the project and the enforcement of the design criteria package including but not limited to notifying the City of the Design-Builder's compliance or non-compliance with the requirements of the design criteria package and are inclusive of the following Seven Tasks and/or services (inclusive of Verification of Existing Conditions, Design, Bidding and Award, Construction Administration, Other Services (Traffic Impact Study, Environmental Assessments, Surveying, Geotechnical, Asbestos Survey), Additional Services if approved by the CITY; and other Reimbursable Services, as described in the this Schedule A; and including, without limitation, any and all of the CONSULTANT's responsibilities and obligations, as set forth in the attached General Conditions of the Contract for (Schedule F). Pursuant to FL 287.055(9)(b) a 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. 4 01/19/2012 7:16PM 131 Task 1.1 Verification of Existing Facilities and Documents The CONSULT ANT shall become familiar with the Project site through frequent site visits, research, and examination of any record drawings, as applicable, including the attached 30% Schematic Phase documents prepared by the City's Public Works Department dated January 10, 2010, the approved Basis of Design Report dated March 21, 2002, the FPL preliminary drawings dated April 11, 2011, 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. To facilitate the implementation of a Public Information Program, the CONSULTANT shall provide electronic files of all Project documents, as requested by the CITY for posting on the program website. The CONSULTANT shall provide the electronic files for the front-end documents, technical specifications, and construction drawings in MS-Word, AutoCAD and Adobe Acrobat file format. CONSULT ANT shall utilize and be bound by the CITY of Miami Beach Design Standards Manual -August, 2002 (DSM) detailing procedures, standards and policies, the CITY of Miami Beach Public Works Manual -April, 2007, as well as any subsequent updates, to supplement details required to complete the Project. One copy of the DSM will be provided to the CONSULTANT. Task 1.2 Review and Validate Schedule Phasing and Budgets Prior to the preparation of the Design Criteria Package including the design development drawings (30%) the CONSULTANT shall assure that the following items are coordinated and resolved to the satisfaction of the CITY: • The CONSULT ANT shall ascertain the design criteria package includes the scope of work as delineated in the approved BOOR dated March 21, 2002. • The CONSULTANT shall review and make any necessary modifications as required to provide a 5 01/19/2012 7:16PM 132 functional design that meets the CITY'S Level of Service (LOS) to the 30% Phase One documents prepared by the Public Works Department dated January 18, 2010, that represents the scope of work included in the BOOR.. • 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 and/or surrounding infrastructure not included in the BOOR and the 30% Phase One documents provided by PWD and make recommendations as appropriate to provide for a functional and efficient design. • The CONSULTANT shall evaluate existing as-built drawings, existing utilities plans and/or atlases provided by the PWD, existing geotechnical reports, and surveys of the neighborhood in order to properly coordinate and design the new infrastructure. • The CONSULTANT shall coordinate the FPL drawings dated April 11, 2011 and September 2011 with the scope of work included in this Project. • The CONSULTANT shall coordinate the ATT drawings dated November 24, 2008 and/or any updated drawings with the scope of work included in this Project. • The CONSULTANT shall coordinate the ABB drawings to be provided to the CITY, with the scope of work included in this Project. Task 1.3 Coordination with FPL, ATT, ABB for Underground Locations Upon completion and acceptance of the final survey, the CONSULTANT shall forward same to the following agencies with a request to mark I identify respective utilities on the survey base map. The CONSULTANT shall coordinate this effort with each agency in an effort to identify the location of all existing underground utilities. The CONSULTANT shall incorporate utility owner markups I edits into its survey base map file. The CONSULTANT shall contact the following entities and request that they each verify locations of their existing improvements in the affected areas: • Florida Power and Light Company • BeiiSouth I ATT • Miami-Dade Water and Sewer Authority • Cable Provider: Charter Communications (Atlantic Broadband) • Natural Gas provider • CITY of Miami Beach Public Works Department • Traffic Signals: Miami Dade County Public Works • Others as deemed necessary by the CONSULTANT The CONSULTANT shall also request information regarding any future proposed improvements by each agency. To facilitate tracking of the progress made in this work effort, the CONSULTANT shall copy the 6 01/19/2012 7:16PM 133 CITY on all correspondence with each agency. In addition, the CONSULTANT shall keep a readily accessible and properly labeled I collated file of all correspondence and markups provided to it by the various agencies for reference use by the CITY and/or CONSULTANT, during construction. Based on the collected data, the CONSULT ANT shall update the detailed design base maps for the Project, provided by the CITY. The maps shall include an overall key map and partial plans scaled at One ( 1) inch equals 20 feet or a scale that better suits the Project requirements. CONSULTANT shall illustrate proposed improvements on the site plan and shall prepare final site plan based on the information gathered herein. Copies of base maps shall be distributed to CITY. Task 1.4: Review Public Works Manual and Suggest Revisions and Improvements Consultant shall review the Public Works Manual, City's General Conditions and Division One and make recommendations as appropriate which will be used as a generic template for the City's Design Build Contract. The Consultant shall meet with the City's Project Manager, Procurement Division and City Attorney's Office to gain approval of the language to be incorporated into the Design-Build Contract. Deliverables: 1. Perform work as noted to produce reports, evaluations, surveys and work effort as specified in Task 1. 2. Deliver five ( 5 ) originals of signed and sealed reports, evaluations, surveys to CITY. Schedule: See Schedule E -Project Schedule TASK 2 ·Design Criteria Package with Design Development Documents at 30% Phase Submittal: Task 2.1 Design Criteria Package The CONSULTANT shall coordinate with the City, as to the methodology, procedures, format and other specifics that the design criteria package shall contain, however, the design criteria package shall be comprised of but not be limited to the following primary sections: 1. Description of the Project Specific Scope of Work. 2. 30% Design Development Documents 3. Technical and Performance Specifications 4. Front End Documents including; Division One, Bidding Documents, General Conditions, City Forms etc 5. Project Specific Reports, Surveys and Evaluations The CONSULTANT 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 preparation of the design criteria bidding documents shall include, but not be limited to the following: 7 01/19/2012 7:16PM 134 • 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 over the project. • Preparation, coordination and incorporation of all construction related documents, including front- end documents, specifications, CONSULTANT procedural manual, and any other guidelines as required. • Coordination of bidding documents and other related deliverables, to ensure consistency of Design-Build bid documents. • Preparation of estimate of probable construction cost (Design-Build) based on units (area, volume, etc.) and prepared in CSI format or similar component breakdown for the City's review and approval. • The CONSULTANT 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 2.2 Design Development Documents at 30% Phase Submittal CONSULTANT shall prepare detailed design documents consisting of structural, civil, mechanical, electrical, plumbing, landscape, and irrigation drawings, as applicable. All contract documents are to be provided in accordance with applicable DSM standards and with the requirements of all applicable state, local and federal regulatory agencies having jurisdiction over the Project. Technical specifications shall be prepared in conformance with Construction Specifications Institute (CSI) formats. The CITY, through the DSM, shall furnish the CONSULTANT with standard CITY specification outlines for Divisions 1. For reference purposes, the CITY will provide copies of its standard specifications via the DSM. CONSULTANT shall provide additional sections that the CONSULTANT may require, not already provided through the CITY standards I DSM, subject to review and comment by the CITY. CONSULTANT must review CITY standards and adopt and change/update where necessary. Any supplier listings required by specifications shall include a minimum of two (2) named suppliers and shall meet all applicable CITY and State of Florida procurement codes. Specifications shall be provided to the CONSULTANT in "Microsoft MS-Word" format. CONSULTANT shall use the same software in all Project related work. CONSULTANT shall utilize base front-end documents provided by the CITY. CONSULTANT shall edit accordingly to result in a Project specific document. Any requirements for Supplementary General Conditions shall be subject to review and acceptance by the CITY. CONSULTANT shall attend bi-weekly or monthly Design Progress Meetings as required to meet the project schedule with CITY at the CITY's CIP offices as scheduled by CITY staff. The CONSULTANT shall 8 01/19/2012 7:16PM 135 provide, and maintain a design progress schedule. Should the CITY determine that the CONSULT ANT has fallen behind schedule, the CONSULT ANT shall provide a recovery schedule that shall accelerate work to get back on schedule. The Consultant shall submit a draft 30% design criteria package to the CITY for distribution to City Departments and City's Regulatory Agencies for review and comments. Said comments from the CITY shall be incorporated into the final design criteria package. Task 2.3 Master Design Criteria Package for Horizontal Construction Projects The CONSULTANT shall incorporate changes to its design based upon its existing as-built I existing conditions verification efforts and review comments received, as noted in Task 1.1. As a guide, the CITY requires at a minimum, the following information be coordinated in the preparation of the 30% Design Development Submittal phase documents. The Submittal drawings I package should include, but not be limited to: 1. Topographic Survey: A 100% complete topographic survey which incorporates the work products of the previously outlined Tasks. 2. Approved BOOR: All proposed improvements identified in the approved BOOR, illustrated in plan and elevation views, and with applicable sections and details. 3. Site Plan: A site plan showing acreage; points of the compass; scale; contours and general topographical conditions; floodplain elevation and velocity zone; a key map shall which illustrates the relationship between the drawings and its respective location within the neighborhood; overall dimensions; adjacent highways, roads, emergency access; fire hydrants; power transmission lines; ownership and use of adjacent land; walks and paths; vehicle and bike parking areas; accessibility for the disabled; service areas; play areas; bus and car loading zones; existing buildings and use; location of proposed building(s) and future additions; community use buildings; phased construction; and preliminary soil borings. 4. Floodplain: A statement should be included on the site plan identifying the FEMA flood zone and floodplain elevation in which the project is located. The statement shall be signed, sealed and dated by the AlE of record. 5. Environmental Phase One and/or Phase Two Reports: Evidence showing that required environmental studies have been completed and sensitive site areas have been identified as required by Section 2310.193, F.S. 6. Asbestos Survey and Material Testing Report: If asbestos is discovered in the Phase One and/or Phase Two Environmental assessments, then the CONSULTANT shall provide for an Asbestos Survey and remediation plan. 9 01/19/2012 7:16PM 136 7. Technical and Performance Specifications: Draft performance and technical specifications to be incorporated into the project. 8. Schedule of Unit Prices: Draft schedule of unit prices bid (bid form) identifying the items, units, and quantities to be bid by prospective contractors as part of their bid submittal as well as any add alternates identified by the Project Team. 9. Statement of Probable Construction Cost: The submittal shall include the CONSULTANT's Statement of Probable Construction Cost as defined by the American Association of Cost Engineers to be consistent with the overall not-to-exceed Project budget. 10. Geotechnical Evaluation as required for the project: See Task 5.5. 11. Drainage Calculations: See Task 5.9 12. Traffic Analysis and Assessment: See Task 5.1 13. Outfall Evaluation: See Task 5.8 14. Project Schedule and Phasing Plan: See Task 1.2. 15. Encroachment Analysis and Survey: See Task 5.10 16. Bridge Monitoring Requirements: See Task 5.6 17. Evaluation of Existing Sewers: See Task 5.7 18. Add Alternates as directed by the City Deliverables: 1. Submit Draft Design Criteria Package with Design Development Documents at 30% Phase Submittal. 2. Incorporate comments from City Agencies into the Final Design Criteria Package with Design with Design Development Documents at 30% Phase Submittal. 3. Submit Draft Master Design Criteria Package for City's review. 4. Attend bi-weekly or monthly Design Progress Meetings and prepare meeting minutes for City's review. 5. Provide five (5) draft Design Criteria Packages for City's review. 6. Provide five (5) final Design Criteria Packages for City's review. Schedule: See Schedule E -Project Schedule Task 2.4 Cost Opinions: The CONSULT ANT shall prepare Statements of Probable Construction Cost for the draft 30% design completion stage submittals, as well as the final (30 percent) completion stage submittal. The accuracy of the cost estimate associated with the 30 percent completion stage shall be +30% to -110% (i.e. 30% over I 110% under the actual amount) "Budget" Level as defined by the American Association of Cost Engineers. 10 01/19/2012 7:16PM 137 Based upon the CONSULT ANT's cost estimate or bids, the CITY will advise the CONSULTANT if portions of the Project need to be deleted, phased and/or bid as alternate bid items to satisfy Construction Cost Budget (based upon CONSULT ANT's analysis and recommendations). In this effort, the CONSULTANT may be required to attend a series of meetings and develop alternative cost savings options for CITY consideration, if the estimates show that the projected Project Construction Cost will exceed the Construction Cost Budget. The CONSULTANT shall revise the contract documents to reflect necessary revisions to meet budget parameters at no additional cost accordingly. Deliverables: 1. Furnish three (3} sets of 30 percent completion stage Statements of Probable Construction Cost to CITY, in MS-Excel electronic disc format, concurrently with the design submittals noted in Task 2.3. 2. Attend meetings with the CITY to review and discuss cost estimates. This Task includes development of any required cost savings alternatives, and implementation I revision of documents to address such items, as necessary to meet established budget parameters. Schedule: Complete concurrently with Task 2 schedule. Task 2.5 Community Design Review Meeting The CONSULTANT shall attend and participate in one (1) Community Design Review Meeting (CORM) to review the design progress and concept. The CITY shall schedule, find location for, and notify residents of said meeting. The CONSULTANT shall prepare draft meeting minutes and forward them to the CITY, who shall review, provide comments and distribute accordingly. The CONSULTANT shall prepare for, attend and present its documents at this meeting. Meeting shall be scheduled at the 90% design completion stage. Note that presentation format shall consist of a brief Power Point presentation to review Project status, plus review of actual full size plans for the project. The CONSULTANT shall provide sufficient staff at the meeting to address concerns by residents at two (2) plan stations. It is anticipated that the CONSULTANT will attend one Pre-CORM meeting with CITY staff to review the proposed format of the presentation. Task 2.6 Document Revisions: The CONSULTANT shall incorporate the necessary contract document revisions, as approved by the CITY and based upon the input provided by the residents at the CORM. Task 2.7 Pre-Permitting Meeting and Coordination with Agencies Having Jurisdiction The CONSULTANT shall seek preliminary approval of the 30% schematic design documents and design criteria package including but not limited to the following agencies at a minimum: • City of Miami Beach Public Works Department 11 01/19/2012 7:16PM 138 • City of Miami Beach Parks Department • City of Miami Beach Planning Department • Miami Dade County Water & Sewer Department • Miami-Dade Department of Health and Rehabilitative Service • Miami-Beach Fire Prevention Division • Florida Department of Environmental Protection • Miami Dade Department of Environmental Resource Management • South Florida Water Management District • Florida Department of Transportation • US Army Corps of Engineers • US Environmental Protection Agency Notwithstanding the above, the CITY's failure to identify governmental authorities that have jurisdiction over Project shall not relieve CONSULTANT from its sole responsibility to advise the City of all required items necessary to obtain a permit to construct the Work. Deliverables: 1. Correspond with noted jurisdictional authorities to establish permitting requirements. 2. Revise documents and respond to permitting inquiries as required. 3. Attend meetings with the CITY, and/or permitting agency staff as required to review, discuss and finalize permit procurement. Schedule: Complete concurrently with Task 2 schedule. Task 2.8 QA/QC of Design Documents: CONSULTANT shall establish and maintain an in-house Quality Assurance I Quality Control (QA/QC) program designed to verify and ensure the quality, clarity, completeness, constructability and bid ability of its contract documents. The CITY, at its discretion, may require that CONSULTANT attend public meetings or meetings with CITY Staff to review the status and present results of its QA/QC efforts. Items to be addressed may include, but shall not be limited to, review of specifications by respective technical experts and a "Redi-check" type review of the documents to identify conflicts and inconsistencies between the various project disciplines. TASK 3-Bidding and Award of Contract The CITY will be advertising for a Design Build Contractor (DB) via a two step Request for Proposal (RFP) process with a Guaranteed Maximum Price (GMP) construction contract to that the CITY intends to award to the successful Design Builder for this Project. The CONSULTANT shall assist the CITY in the analysis of proposals, and in determining the lowest responsive bidder. 12 01/19/2012 7:16PM 139 CITY shall transmit contract documents prepared by the CONSULTANT to the CITY's Risk Management and Procurement Departments for verification of appropriate insurance, form and bonding capacity requirements. Various departments within CITY (Risk Management, Procurement and the CITY Attorney's Office) have non-technical review responsibility for the Construction Contract Documents. CONSULTANT shall attend the Technical Review Panel meeting convened by the CITY to shortlist and interview the Design Builder and evaluate their submittals. CONSULTANT's role will be to provide any relevant technical information and address technical questions, as may be needed by CITY staff during the short-listing and bid evaluation process. Task 3.1 Construction Contract Document Review: CONSULTANT shall assist the CITY during the bid and award phase of the Project's construction contract. The CITY shall transmit contract documents prepared by CONSULTANT to the CITY's Risk Management, Legal and Procurement Departments for verification of appropriate insurance, form and bonding requirements. CONSULTANT shall assist CITY in this effort by providing (1) one electronic copy of the complete contract documents set (drawings and specifications) and participating in meetings, submissions, resubmissions and discussions with these CITY departments, as necessary. CONSULTANT shall address and re-submit corrections and responses to comments to any CITY Agency or any CITY Department within 10 (ten) working days of receipt of comments. Task 3.2 Bid Document Delivery: CONSULTANT shall provide the CITY and Design Builder with reproducible, camera ready, sets of contract documents for each bid package. The CITY Procurement Department shall reproduce documents and handle the advertising, distribution, sale, maintenance of plan holder lists and other aspects of bid document delivery to prospective bidders. Task 3.3 Pre-Bid Conference: The CITY and the CONSULTANT shall conduct one or more pre-bid conferences. CONSULT ANT shall attend the pre-bid Conference for this Project and answer technical questions as appropriate. CONSULTANT will prepare meeting agenda and draft meeting minutes. Task 3.4 Addenda Issuance: CONSULTANT shall provide the CITY timely responses to all inquiries received from the CITY from prospective bidders by preparing written addenda. Format for addenda shall be as provided to CONSULTANT by CITY. These queries and responses shall be documented and a record of each shall be transmitted to the CITY within 48 hours or at a mutually accepted time period. CONSULTANT shall 13 01/19/2012 7:16PM 140 prepare and distribute necessary addenda as approved by the CITY. The CITY will consolidate responses and prepare and distribute the addenda to all plan holders of record accordingly. Task 3.5 Technical Review Panel Participation: The CONSULTANT shall be present with the CITY during the Technical Review and shall assist in evaluating and making recommendations to the CITY regarding the acceptance and award of proposals to qualified responsive and responsible Design Build Firms. CONSULTANT shall evaluate the proposals for completeness, full responsiveness and price, including alternative prices and unit prices, and shall make a formal recommendation to CITY with regard to the award of contract. Non-technical bid requirements shall be evaluated by others. Task 3.6 Design Build with a Guaranteed Maximum Price (GMP) Construction Contract Award CONSULT ANT shall provide sets of construction contract documents, inclusive of addenda, for execution by the CITY and the Design Builder within ten (10) calendar days of request by the CITY pursuant to Article Six (6) of this agreement. Task 3.7 As-Bid Contract Documents: After the contract award and prior to the pre-construction conference, the CONSULTANT shall prepare "As-Bid" construction contract documents which, at a minimum, shall incorporate the following items into the construction contract documents: • Design Builder bid submittals, including but not limited to, bid proposal, insurance, licenses, etc. • Amend I modify front-end documents and I or technical specifications to incorporate changes made via contract addenda. • Revise design criteria package including the Design Development Documents (30%) to include modifications I revisions incorporated via contract addenda. The CONSULTANT shall prepare As-Bid construction contract documents and reproduce sets as requested, for distribution to the CITY within ten (10) calendar days after CITY Commission approval. The following apply to Task 3.1 through 3.7: Deliverables: 1. Attend, conduct and document pre-bid conferences, including minutes of all meetings. 2. Respond to questions from prospective bidders and prepare addenda for distribution by others no later than 48 hours or as otherwise mutually agreed upon. 4. Make written recommendations to the City on the award of the design-build contract. 5. Provide sets of contract documents for contract execution. 6. Prepare As-Bid contract documents reproduce sets and forward to the CITY. 14 01/19/2012 7:16PM 141 Schedule: See Schedule E -Project Schedule Task 4: Construction Phase I General Administration of Construction Process Task 4.1: Design-Builder's Design Phase The CONSULTANT shall, at minimum, monitor the Design-Builder's design phase as follows: 4.1.1 The CONSULTANT shall instruct the Design-Builder's Engineer of Record (EOR) to prepare all required drawings utilizing CADD (vector format). 4.1.2 The CONSULTANT shall instruct the Design-Builder's EOR team of the City's requirements as to the various phases of design and approvals required and/or mandated by the City. 4.1.3 Coordinate and monitor the Design-Builder's design phases (Phase 60% and 1 00%) and recommend approval or disapproval to the City. 4.1.4 Respond to all inquiries and evaluate alternatives presented from the Design Builder for compliance with the bidding documents and possible City approval. 4.1.5 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 Agency Having Jurisdiction. 4.1.6 Review all Design-Builder's documentation at all phases of design, submit and obtain review comments and subsequent approvals from the City's consultants and/or departments having the authority to review the Project. 4.1.7 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 Tasks 4.1.1 through 4.1. 7 above, the CONSULT ANT does not assume the Design Builder's contractual responsibility and professional liability, in whole or in part, for any design and/or contract documents prepared by the Design-Builder's EOR. Task 4.2: Design Builder's Construction Phase Task 4.2.1 Observations and Weekly Progress Meetings The CONSULTANT 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 and 15 01/19/2012 7:16PM 142 certify all infrastructure improvements including but not limited to the storm-water system, water and sewer improvements, streetscape, hardscape and irrigation systems as specified in this Schedule A. 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 CONSULT ANT and in the General Conditions of the Design-Build Construction Contract, unless otherwise provided in City's agreement with the CONSULTANT. On the basis of on-site observations as the CONSULTANT, the CONSULTANT 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 CONSULTANT shall at all times have access to the Work, whether it is in the preparation stage or in progress. The CONSULTANT 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 CONSULTANT shall not be responsible for the Design-Builder's Schedules or failure to carry out the Work in accordance with the contract documents. The CONSULTANT 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. The CONSULT ANT 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 CONSULTANT's basic services, the CONSULTANT shall conduct at least one weekly Project visit I meeting at the Project site during construction to review the Design Builder's progress and approve payment requisitions. The CONSULTANT shall provide a report to the PM, in accordance to the outline shown below for each weekly site visit I meeting. Site visits shall take place at the Project site (of at least one hour duration) by one or more CONSULT ANT professional staff or consultants, for the purposes of observing the Work performed by the Design-Builder. Either the CONSULTANT or its consultant(s) shall complete and submit a site visitation report to the PM which shall contain, at a minimum, the following information: • Site visitation report number • Name and location of Project 16 01/19/2012 7:16PM 143 • Name of contractor/subcontractor • Time of visitation and weather conditions • Project site administrator sign-in and sign-out • Site personnel on-site by trade • Progress/quality of work by trade • Photographic record (if required by the City) • Remarks Task 4.2.2 E-Builder Software The use of E-Builder software will be implemented during the construction phase of this Project and will be used by CITY staff, the Design Builder, and the CONSULTANT for Project document management and tracking purposes. CONSULTANT will be required to electronically archive into E-Builder scanned copies of: CONSULTANT transmittals; approved/rejected submittals and shop drawings; responses to requests for information, contract document clarifications, requests for proposals; field orders; field measurement forms and pay application review comments; notices of contractor non-compliance; contractor permits, notices to proceed, inspection reports and photographs; daily work log and Daily Construction Observation Forms; pre/post construction digital photographs; materials sampling and test results and reports; certificates of substantial and final completion, and any and all correspondence, reports, logs and documents associated with Project management, construction administration, and Resident Project Representative activities associated with the construction and final certification of the Project. The E-Builder software license expense will be a reimbursable item and the required training for this software will be facilitated by the CITY Task 4.2.3 Design-Builder's Submittals The CONSULTANT shall review and evaluate samples, schedules, shop drawings, and other submissions for conformance with the Design Criteria and the Design-Build Contract Documents. The CONSULTANT'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 CONSULTANT shall require the Design-Builder to be responsible for compliance of the shop drawings with contract documents and that the Design-Builder notifies the CONSULT ANT in writing of any deviation in the shop drawings from contract documents or design criteria. The CONSULTANT shall select (after consultation with the City) all colors for all finish materials from their color charts or prepared by the Design-Builder. The CONSULTANT 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 CONSULTANT shall also prepare in a timely manner change order items, including the proper documentation, for the City's review and approval. The CONSULTANT 17 01/19/2012 7:16PM 144 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 4.2.4 Substitutions The CONSULTANT 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 Design Criteria Package and shall recommend substitutions only when it can be demonstrated that the item specified or its successor is no longer available for purchase or that the substitution provides a clear benefit to the CITY in performance and/or price. The CONSULTANT is not required to act on any request for substitution that is not submitted within forty- five (45) days of execution of the Design Build Contract, except for good cause shown or unless requested by the CITY; if so, the cost thereof, including compensation for the CONSULTANT's additional services and expenses made necessary by such request for substitutions may be deducted from any amount due or to become due to the Contractor from the CITY. Task 4.2.5 Quality Control The CONSULTANT 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 CONSULTANT may discover and ensure that the Design-Builder take appropriate action to remedy unacceptable conditions. Task 4.2.6 Agencies Having Jurisdiction (AHJ) The CONSULTANT 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 Agency Having Jurisdiction and shall advise the Design-Builder to provide information and explanations as requested. The CONSULTANT 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 4.2.7 Certification for Payments The CONSULT ANT shall require that the Design Builder's EOR review and approve all requisitions for payment prior to submitting them to CONSULTANT. The CONSULTANT 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 18 01/19/2012 7:16PM 145 to the Design-Builder and shall recommend for City's approval certificates for payments in such amounts. These certificates will constitute a representation to the City; based on site observations by all appropriate designated specialists and I 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 CONSULTANT shall also represent to the City that, to the best of the CONSULTANT's knowledge, 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 CONSULTANT 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 CONSULT ANT 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 CONSULTANT 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 CONSULTANT 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 4.2.8 Record Drawings Upon completion of construction, the CONSULTANT 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 CONSULTANT and the City, the CONSULTANT 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 4.2.9 Operations and Maintenance Manuals {O&M) The CONSULTANT 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 4.2.10 Substantial Completion Upon notification from the Design-Builder's EOR that the Project is substantially complete including, but 19 01/19/2012 7:16PM 146 not limited to, the Design Builder's contract and all Regulatory Agency and Life Safety Standards, the CONSULT ANT shall promptly do 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 CONSULTANT shall then certify that to the best of the CONSULT ANT'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 CONSULTANT 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 the CONSULTANT that substantial completion has been achieved, the City representatives, accompanied by the CONSULTANT, shall perform a substantial completion inspection of the Project as outlined in the Design-Build contract. If deficiencies are still found, the CONSULTANT 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 CONSULTANT and recommendations made to the City by the CONSULT ANT whether they should be added to the Contract as change orders or be handled by some other vehicle outside the Contract. The CONSULTANT 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 4.2.11: Final Completion If the CONSULTANT finds the Project to be complete and acceptable, the CONSULTANT shall obtain the City's approval to advise the Contractor of acceptance and commencement of the warranty period. Task 4.2.12: Projects Closeout Upon acceptance of the Project by the City as outlined in the Design Build contract, the CONSULTANT 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). 20 01/19/2012 7:16PM 147 Schedule: See Schedule E -Project Schedule TASK 5 -Other Services The following services shall be included as part of this lump sum contract. Task 5.1 Traffic Analysis and Assessment The CONSULTANT shall arrange for and coordinate the efforts of a Professional Engineer in the to provide a traffic impact study within the parameters established by the City for the Collins Park Garage Project to meet the intent of the approved Project Scope. Proposals for these services shall be submitted to the CITY for review and approval. Task 5.2 Contamination Screening and Assessment Report { Phase One) and Two Environmental Assessments The CONSULTANT shall arrange for and coordinate the efforts of a Professional Engineer in the to provide a Phase One Environmental Site Assessment Report and/or Two Environmental Site Assessment Report within the parameters established by the City for the Collins Park Garage Project to meet the intent of the approved Project Scope. Proposals for these services shall be submitted to the CITY for review and approval. Task 5.3 Topographic & Specific Purpose Survey: The CONSULTANT shall arrange for and coordinate the efforts of licensed surveyors to update the existing topographical and specific purpose survey provided by the CITY within the Project limits to meet the intent of the approved Project Scope. Proposals for these services shall be submitted to the CITY for review and approval. CONSULT ANT shall obtain all available As-Built drawings, and provide an updated detailed topographic survey of the existing Project site. The existing survey provided by the CITY shall be updated by a Professional Land Surveyor in the state of Florida, and shall meet the minimum technical standards identified in Chapter 61G17-6, FAC and Florida Statutes. All survey files shall be prepared in AutoCAD. At a minimum, the survey shall address the following: • Baseline of survey shall be tied into the right-of-way and sectionalized land monuments. Right-of- way information shall be obtained from available records by the CONSULTANT. • The CONSULTANT shall set benchmarks at convenient locations along the site to be used during both the design and construction phases of the Project. • The CONSULTANT shall locate and identify existing surface improvements I topographic features that are visible within the Project site, including but not limited to, the following: 21 01/19/2012 7:16PM 148 • Marking of all property corners, location and details of the existing buildings including overall dimensions and finished floor elevations including existing valve boxes, water I electrical meter boxes, electrical pull boxes, telephone I cable risers, fences, hydrants, etc. • Aboveground and underground utilities invert elevations of accessible underground utilities, wood I concrete utility poles, culverts, guardrails, pavement limits, headwalls, endwalls, manholes, vaults, mailboxes, driveways, side streets, trees, landscaping, traffic signage and any other noted improvements. Survey shall identify fence material I height, and driveway construction materials. Landscaping materials with a trunk diameter greater than six (6) inches in diameter shall be identified individually. Materials with smaller diameters shall be illustrated in groupings. • Survey limits shall include the entire Project site and an additional overlap to encompass all adjoining areas potentially impacted by the Project. • Survey Topographic survey I base map shall be prepared in AutoCAD Version 2000 or latest, and submitted on recordable Compact Disk with three (3) signed and sealed copy on 24-inch by 36- inch bond paper. Note that all standards from the DSM shall apply to the development of the survey document. In addition, the CONSULTANT shall submit 3 copies of a preliminary Draft Survey for CITY review and comment. The CONSULTANT shall prepare a final survey submittal package based on addressing any and all comments submitted through this review process, to the satisfaction of the CITY. All CAD mapping shall be performed to a scale of 1 :1 in the World Coordinate System. Text size shall be 100 Leroy for a final product at 1 =20 units. Task 5.4 Underground Utility Verification The CONSULTANT shall contract the services of an underground utility location service to perform additional vacuum extraction excavations, as needed, in an effort to better identify existing underground conditions where work is to be performed. Actual locations shall be as directed by the CONSULTANT, subject to CITY review and acceptance. Proposals for these services shall be submitted to the CITY for review and approval. Task 5.5 Geotechnical Soils Report The CONSULTANT shall arrange for and coordinate the efforts of a geotechnical firm to perform boring I test excavations as necessary to adequately define the soil characteristics for the purposes of design. Proposals for these services shall be submitted to the CITY for review and approval. Task 5.6 Bridge Load Monitoring and Compliance Measures Prepare requirements for monitoring for compliance with regard to loading requirements for bridges as required by the new Federal Government Guidelines on Truck Maximum Weight. Truck Load Control and Monitoring Plan including requirements for Bridge Inspection Report at Pre- 22 01/19/2012 7:16PM 149 Construction and Post Construction and monitoring of bridge loading during construction: • Legible log with Company name, tag number, delivery location and weight • Guidelines for restriction of bridge use Task 5.7 Evaluation of Existing Sewers The CONSULTANT shall arrange for and coordinate the efforts of a Sub Consultant to furnish a crew and all necessary equipment to clean and televise sanitary sewer and provide a DVD video with reports which document the conditions of the existing sanitary sewer system and provide recommendations for repair and/or replacement. Task 5.8 Outfall Evaluation An Outfall Cleaning & CCTV evaluation will be required and any proposed recommendations that for retrofit and/or replacement of existing outfalls will be coordinated with the proposed storm water collection system for new outfalls and retrofit of existing outfalls; processing of easements: As determined by hydraulic modeling, undersized outfalls will be identified and recommended pipe sizes will be provided. It is assumed that outfalls that may need to be upgraded may include either upsizing the pipe, and/or replacing pipe due to condition and/or sea wall repair. The City will be responsible for determining if easements exist to allow for replacement of the piping and identify landscaping and structures that may be affected. If new easements are required, the DCP shall provide documentation required and the City will be responsible for obtaining required agreements. Task 5.9 Drainage Calculations Drainage inlets and piping will be added where necessary to improve drainage on both islands. 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. Drainage Computations will be calculated based on the revised design. Task 5.10 Encroachment Analysis and Survey Update the Encroachment Analysis and Survey and coordinate with CMB I PWD encroachment policy. TASK 6 -Additional Services No additional services are envisioned at this time. However, if such services are required during the performance of the Work, they shall be requested by CITY and negotiated in accordance with contract requirements pursuant to the hourly rates identified in Schedule "C". Note that a separate Notice to Proceed is required prior to performance of any Work not expressly required by this Scope of Services. If DESIGN CRITERIA PROFESSIONAL, proceeds with "out of scope" work, without proper authorization, it does so at its own risk. TASK 7-Reimbursables 23 01/19/2012 7:16PM 150 Task 7.1 Reproduction Services: The CONSULTANT shall be reimbursed at the usual and customary rate for reproduction of reports, contract documents and miscellaneous items, as may be requested by the CITY. Unused amounts in this allowance shall be credited back to the CITY at the completion of the Project. Task 7.2 Travel and Subsistence: Travel and Subsistence is included as part of the basic services of this lump sum contract. 24 01/19/2012 7:23PM 151 01/19/2012 7:21 PM SCHEDULE B-CONSULTANT'S COMPENSATION FEE TABLE See attached 25 152 1---iName of Project: ·cotffi!1_; !Miami Beach RFQ !C3TS Proiect No .... Palm ~-lj~~~}~~!!Q§ .. P9.e .. :.Ml~rrj Beac~_ -· -----·--Miami-Dade #35-10111 P2011-157 Task 1.0-Verification of Existing FaciiHies & Documents ·ask 1.1 ·ask1.2 'ask1.3 'ask 1.4 Review Public Works Manual-suggest revisions Project Principal $150.00 ESTIMATE OF WORK EFFORT AND COST SCHEDULE B -~--1-----~+--~+----Project Senior Engineer Senior CAD CAD Tech Clerical Manager Engineer Tech $120.00 $120.00 $101.00 $60.00 $55.00 $35.00 16 24 36 12 4 12 12 12 8 8 -~~ 6 24 20 16 12 6 16 40 60 80 60 120 12 I ~ --·+···-·---~-w---40 20 ---1Q ················-~---··-· ----8 ···-:;2 12 4 8 _j_ 8 8 12 6 12 4 8 8 8 12 16 4 16 16 8 ·ask 2.8 lauality Assurance I Quality Control 12 12 8 -------~ ---' I ask 3.4 Addenda Issuance 2 Task 3.5 Technical Review Panel Participation (See Note 1 30 IT ask 3.6 018 with GMP Contract Award 2 "ask 3.7 Bid Contract Documents 2 Task 4.1 -Design/Builder's Design Phase Task4.1.1 DCPinstructDB'sEORtoorepareDians 2 4 4 I I I I Task4.1.2 DCPtolnstructOB'sEORonCityRequirements --·-----··-~~ __ ~~ 4 -·---t---· j~-T~4:~.-3.. c···o·o·rd.io.ate & Mo~itor D.B 60% a.nd 100·%·0··es· ign p. hases .'1 24 I 24 __ :~sk.o~U:..4_ ~~_spont!to!nqumes,EvaluateAit~~n~bv~s.... 2 4 12 ~ 8 Task4.1.5 CoordinateStand-uprevie'NSwithCity __ andotherAHJ 2 6 6 .. L._ 6 I SenlorCEI Inspector $90.00 Labor Cost By Activ_~ $10,416.00 $4,292.00 $3,340.00 $4,180.00 $7,052.00 $31,900.00 $23,220.00 $4,592.00 $5,492.00 $5,068.00 $5,320.00 $4,360.00 $820.00 $1,192.00 . ·······-·····-··---4---~---·-~'ill§,.!',P.,___ Sub Costs $4,208.00 $21,000.00 Other Costs 1212112011 RCastella Total Per Phase $47,436.00 __ .!?:~?.~1~.9.!?.~ _l!_u_dQ~t +-~-.... -·+ .. --·----------1-----t-1--t---t----+----1 .. ~Et~Q9 · .. ·.·j_~--:~:i~~l!Q.==~:·:: 1--~ 1 . $2~0~---1 II I I . =H $350.00 $104,888.00 1.2%lofConst Budget $563.00 ·-+---· ----· I. S>so:oo·· $250.00 $14.805.00 0.2%!of Const Budg_~~---$3 392 00 -$5~~----------1--+----1----·-+-t Task4.1.6 Review DB phasesubml~ls, coordinate City comments & approvals 12 12 T 24 T :"":. Task4.1.7 Asslst&monitorOBsubmittalstootherAHJ 8 12 12 '"' r .,.,.,.,.£.uv .,.,v.t•m.vu • 1 u . .q"70IOII.Alnstouooel ,..,. -as~~~~:.~ .. ~ .. ~!B_~ot:a~j~~~=tih:= ;-:~~-~-~erc;s~~t~~:l:Siend wktv I roQ·re·ss mto I 16 ' 160 L Ll Task4.22 E-Buildersoftv.rare tin 6 12 16 32 ask 4.2.3 Review DB Sho Orawin sam es & schedules 16 32 32 ask 4.2.4 Review & Evaluate substitutions .., o ..," Task 4.2.5 I Qu~_Control iT ask 4.2.6 I Monitor & c()()~r_ate with AHJ ~~~=~ ::~:~ ---····--··--··--l~::~~~~~~~u-on ··· ask 4.2. 9 J O&M Manuals coordination ask4.2.10 ask4.2.11 IT ask 4.2.12 I Project Closeout Task 5.0-Other Services ask5.1 ·ask5.2A ·ask 5.28 Phase 2 Environmental Assessement-BudQet iT ask 5.3 opographic & Specific Pull?Ose Survey -~~=~ ;:: ..... --... ·----···l~:~~c;;:~-~~~-~D ......... ______ _ I ITask 5.9 IDrainaae Calculations ITask 5.10 IEncroachment Analysis & survey-Task 6.0 -Additional Services (Allowance' Task 7.0. Additional Relmbursables (Allowance) 2 -+ 2 ~--1 ~~'~ .i 2 6 4 :1: i2 :1: ~~-J± 2 2 Total Staff Hours! 126 I 610 458 I 460 Total Staff Cost! $18,900.00 I $73,200.00 s54,96o.oo I $48,46o.oo Note 1 I includes two.~~ls (shortlist StwJii!!Q.. select Step 21 as we" as time for advance review of the submlttats to be discussed 148 $8,880.00 176 282 $9,680.00 $9,870.00 306 $27,540.00 $45,000.00 $6,542.00 $9,552.00 $4,010.00 $4,706.00 $2,430.00 $8,510.00 $2,552.00 $1,194.00 $5,814.00 $3,856.00 $3,796.00 $7,124.00 $1,434.00 $1,876.00 $2,516.00 $1,174.00 $2,002.00 $1,434.00 $1,434.00 $8,536.00 $31262.00 $0.00 $280,282.00 $10,065.00 $1siioo-$100.00 ··1------~----~+ --------____ ,__ ___ _ ~~.~Q,og -l---$20,000.00 $34,199:9..Q ___ L: ~~~:~~~---t=-l---s-3s,94_aoo t:: ___ _ . -$26,655.00 $20,000.00 $220,450.00 $22,350.00 $110,277.00 $1941930.00 $0.00 $20,000.00 $523,082.00 1.3%lof Const Budget + ·······+ 23%1ofConst8udget 0.0% of Const Budget --~~~!.~.~-~---~~-~t ·-·--t-----····--·········-~~~--~--~:e:;_i~':~-fh¥t~~j~~ ~!~~~ ~ ~~~I:~~~~~di'i2J~~i:~~~~ ~~-!t~:~ wo:uld be conside~r~-~-!:!!~~ .. ?1 J~~lr..! .. !~t-~-2~-~f ~E!Ir~~ 2 ~-~ -~ry-~r ~~~~~Q~1~~-t!l!..:~~i-'?!~-~~~-~-~--~---!.~--~~1 r~-~-~ .91.~.~~~---..........•. ·· I 1 · I TOTAL FEE: $523,082.00 6.1%!ofConst~t ·········I 01/19/2012 7:21 PM SCHEDULE C-HOURLY BILLING RATES SCHEDULE See attached 26 154 SCHEDULE 'C' Name of Project: Palm & Hibiscus DCP Miami Beach Miami Beach RFQ: #35-1 0/11 Date: January 27, 2012 HOURLY RATES Project Principal Project Manager Senior Engineer Engineer Senior CAD Tech CAD Tech Clerical Senior CEI Inspector 155 $150 $120 $120 $101 $60 $55 $35 $90 RESOLUTION TO BE SUBMITTED 156 COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving an increase to the construction contract, for the Right-of-Way Infrastructure Improvement Program -Neighborhood No. 13A -Star Island, in the amount of $82,995 from previously appropriated funding in the amount of $62,107, from Fund 420 -Water & Sewer for unforeseen utility conflicts, and $20,888 from Fund 384-GO Bonds-Neighborhood Improvements for additional electrical scope. Key Intended Outcome Supported: 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 completed as "excellent" or "qood" compared to 89% of residents citywide. Issue: I Shall the Mayor and City Commission approve the Resolution to increase the project contingency? Item Summary/Recommendation: On November 17, 2010, the Mayor and City Commission approved the award of the construction contract pursuant to the ITB to Trans Florida Development Corporation for the Right-of-Way Infrastructure Improvement Program -Neighborhood No. 13A-Star Island This Resolution requests an increase to the construction contract for the Right-of-Way Infrastructure Improvement Program -Neighborhood No. 13A-Star Island due to unforeseen utility conflicts throughout Buoy Park and the Right-of- Way. These conflicts required modification to the proposed water main alignment. Additional unforeseen conflicts were encountered with existing water services that were discovered at shallow depths which were in conflict with the new roadway and valley gutter. In addition, during the construction phase of the Project, the Public Works Street Lighting Division requested additional scope changes to the electrical design of the project. These requested scope changes included the addition of new underground conduit and wiring for new circuits, feeders, panels and breakers to separate the new electrical landscape up-lighting from the existing street lighting circuits. The total value of unforeseen conflicts, engineer errors and omissions and owner requested changes have exceeded the budgeted contingency allowance. As a result, the costs of these contingency overruns are being submitted for Commission approval and will subsequently be issued to the Contractor via Change Order. It is anticipated that this project shall be substantially complete by February 3rd, 2012. This time frame falls within the estimated durations established in the Contract and granted in the Change Orders. With the exception of the owner requested items, the unforeseen conditions and the engineer's errors and omissions did not exceed the available 1 0% project contingency and therefore was completed within the established budget. This Resolution approves an increase to the construction contract for the Right-of-Way Infrastructure Improvement Program-Neighborhood No. 13A-Star Island and authorizes the use of available funds in the amount of $62,107, from previously appropriated Fund 420, Water & Sewer GBL Series 2010, Capital Reserve Funds for unforeseen utility conflicts and $20,888 from Fund 384, 2003 GO Bonds, Neighborhood Improvements for additional electrical scope of work. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds:~ 1 $62,107 420-2337-069357 /JIY) 2 $17,527 384-2337-069357 3 $3,361 384-2337-000356 \. OBPV Total $82,995 FinancicilTrilpact Summary: Assistant Cit DB JMG/DB/FV/DM/AS/RR T:\AGENDA\2012\02-08-12\Star Island Contingency lncrease\Star Island-Contingency Increase-SUMMARY.doc MIAMI BEACH 157 AGENDA ITEM c 7 E DATE ,J.-3'-/L lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM ~ .... M--v_ a ..... t~ ~~~e~f the City Commission . Gonzalez, City-Mana~-- February 8, 2012 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN INCREASE TO THE CONSTRUCTION CONTRACT, FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROGRAM -NEIGHBORHOOD NO. 13A -STAR ISLAND, IN THE AMOUNT OF $82,995; FROM PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF $62,107, FROM FUND 420-WATER AND SEWER FOR UNFORSEEN UTILITY CONFLICTS, AND $20,888 FROM FUND 384 -2003 GO BONDS -NEIGHBORHOOD IMPROVEMENTS FOR ADDITIONAL ELECTRICAL SCOPE. ADMINISTRATION RECOMMENDATION Approve the Resolution. KEY INTENDED OUTCOME Ensure value and timely delivery of quality capital projects. FUNDING Funding in the amount of $62,107 has been previously appropriated from Fund 420, Water & Sewer GBL Series 2010, account no. 420-2337-069357, in the Capital Budget. Funding in the amount of $20,888 has been previously appropriated from Fund 384, 2003 GO Bonds -Neighborhood Improvements, account no. 384-2337-069357 in the amount of $17,527 and account no. 384-2337- 000356 in the amount of $3,361. BACKGROUND Invitation to Bid (ITB) 43-09/10 was issued on September 24, 2010, for the Right-Of-Way Infrastructure Improvement Program Neighborhood No. 13A -Star Island, with a bid opening date of October 25, 2010. A pre-bid conference for the project was held on October 7, 2010. The Technical Review Panel (TRP) convened on November 1, 2010, to shortlist bidders and on November 3, 2010 the TRP reconvened to interview the shortlisted bidders. After the interview and procurement process was completed, it was recommended to the City Manager that the Right-of- Way Infrastructure Improvement program -Neighborhood No. 13A -Star Island project be awarded to Trans Florida Development Corporation (TFD) as the lowest and best responsive bidder. On November 17, 2010, the Mayor and City Commission authorized the award of the contract to TFD for the Right-of-Way Infrastructure Improvement program -Neighborhood No. 13A -Star Island Project. 158 Star Island Right of Way Improvement Project-Contingency Increase February 8, 2012 Page 2 of 3 The project scope of work includes: new water main to upgrade the existing 6-inch water main (1,310 linear feet); complete roadway reconstruction along East and West Star Island Drives, including the installation of a new concrete valley gutter to improve the stormwater distribution to existing drainage inlets located within the perimeter of Buoy Park; new accent up-lighting fixtures to existing palm circles at Buoy Park and the two rows of palms along Bridge Road; and new decorative concrete pavers at the entrance by the guardhouse. ANALYSIS This Resolution requests an increase to the construction contract for the Right-of-Way Infrastructure Improvement Program -Neighborhood No. 13A -Star Island Project due to unforeseen utility conflicts, owner requested electrical changes and engineer's errors and omissions. The contractor started the installation of the water main at the north end of Buoy Park and immediately encountered conflicts, at several locations, with the existing ex-filtration drainage system. These conflicts required design modification and changes to the proposed water main alignment. Additional unforeseen conflicts were encountered as follows: a) existing force main located at the east side of the water tower building, b) tree roots from existing large trees had to be avoided, c) existing water services were encountered within the limerock base of the roadway and had to be lowered to their required depth of 24 inches; and d) additional installation of new water services were added to the contract to connect to existing water meters, not included in the contract documents. To date, the negotiated value of unforeseen utility conflicts has exceeded the remaining budget amount of $16,368.40 allowance for this specific task. As a result, the costs of the additional unforeseen conflicts, above the budget allowance, are being submitted and approved as a change order to the contract. This will deplete the available construction contingency that was originally budgeted for other related cost overruns, not solely for water related work. This request to authorize available funds that have been previously appropriated in the project budget from Fund 420, Water & Sewer GBL Series 2010, to the construction contract in the amount of $62,107, will be to cover the unforeseen utility conflicts. In addition, during the construction phase of the project, the Public Works Street Lighting Division requested additional scope changes to the electrical design of the project. These requested scope changes included the addition of new underground conduit and wiring for new circuits, feeders, panels and breakers to separate the new electrical landscape up-lighting from the existing street lighting circuits. This request is to authorize the use of available funds that have been previously appropriated in the project budget from Fund 384, 2003 GO Bonds Neighborhood Improvements, to the construction contract in the negotiated amount of $20,888, to cover the scope added by the Owner Department. It is anticipated this project shall be substantially complete by February 3rd, 2012. This time frame falls within the estimated durations established in the Contract and granted in the Change Orders. The total value of unforeseen conditions, engineer errors and omissions and owner requested changes have exceeded the budgeted contingency allowance. As a result, the costs of these contingency overruns are being submitted for Commission approval and will subsequently be issued to the Contractor via Change Order. With the exception of the owner requested items, the unforeseen conditions and the engineer's errors and omissions did not exceed the available 1 0% project contingency and therefore was completed within the established budget. 159 Star Island Right of Way Improvement Project-Contingency Increase February 8, 2012 Page 3 of 3 CONCLUSION: The Administration recommends that the Mayor and City Commission approve an increase to the construction contract for the Right-of-Way Infrastructure Improvement Program-Neighborhood No. 13A -Star Island Project, in the amount of $62,107, from previously appropriated Fund 420 Water & Sewer Funds in the project budget, for unforeseen utility conflicts, and $20,888 from previously appropriated Fund 384, 2003 GO Bonds -Neighborhood Improvements Fund for the additional electrical scope. ATTACHMENTS: Exhibit A-Contract Change Order Number 001 (executed). Exhibit B --Contract Change Order Number 002 (proposed). JMG/DB/FV/DM/JCC/AS/RR T:\AGENDA\2012\2-8-12\Star Island-Contingency Increase-MEMO.doc 160 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN INCREASE TO THE PROJECT CONTINGENCY, FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROGRAM -NEIGHBORHOOD NO. 13A -STAR ISLAND, IN THE AMOUNT OF $82,995; FROM PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF $62,107, FROM FUND 420 • WATER AND SEWER FOR UNFORESEEN UTILITY CONFLICTS, AND $20,888 FROM FUND 384 -2003 GO BONDS NEIGHBORHOOD IMPROVEMENTS FOR ADDITIONAL ELECTRICAL SCOPE WHEREAS, on September 24, 2010, Invitation to Bid (ITB) No. 43-09/10 was issued for the Right-Of-Way Infrastructure Improvement Program Neighborhood No. 13A -Star Island (the Project), with a bid opening date of October 25, 2010; and WHEREAS, on November 17, 2010, the Mayor and City Commission approved the award of the construction contract for the Project to Trans Florida Development Corporation (the Contractor); and WHEREAS, the Project has encountered an inordinate amount of utility conflicts as well as owner requested scope changes, which have depleted the allocated Project allowance, impacting the Project contingency; and WHEREAS, accordingly, the Administration recommends that the City Commission approve an increase to the Project contingency, in the amount of $82,995. 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 an increase to the Project contingency for the Right-of-Way Infrastructure Improvement Program -Neighborhood No. 13A -Star Island Project, in the amount of $62,1 07, from previously appropriated Fund 420 -Water & Sewer Funds in the Project budget, for unforeseen utility conflicts, and $20,888 from Fund 384-2003 GO Bonds- Neighborhood Improvements for additional electrical scope. PASSED and ADOPTED this ___ day of-----2012. ATTEST: ROBERT H. PARCHER, CITY CLERK JMG/08/FV/DM/AS/RR T:\AGENDA\2012\2-8-12\Star Island-Contingency Increase-RESO.doc 161 MATTI HERRERA BOWER, MAYOR APPROVED AS TO FORM & LANGUAGE & FO EXECUTION i L. J. .. ttomey~~ / / Exhibit A TRANS FLORIDA DEVELOPMENT CORP. 13960 S.W. 144 Avenue Road, Miami, Florida 33186 Phone: 305.378.2323 Fax: 305.378.6161 E CH Capital Improvement Projects Office 1700 Convention Center Drive Miami Beach, FL 33139 CHANGE ORDER APPROVAL FORM No. 001 DESCRIPTION: Additional water main components due to unforeseen items in the field not reflected on contract plans. DATE: July 20, 2011 PROJECT: Right-Of-Way Infrastructure Improvement Program-Neighborhood No. 13A-Star Island TO: Roberto Rodriguez . City of Miami Beach 1701 Meridian Ave, Suite 300 Miami Beach, Fl 33139 Item Description 1 8" DIP Solid Sleeves (RFI #5,6); 4Ea@ $306.64 2 24" PVC Sleeves Empty (RFI # 15); 130 LF@ $10.50 3 6" DIP (RFI # 5); 20 LF @ $22.80 4 4" DIP (RFI # 9, 14, 17); 220 LF@ $34.04 5 3" DIP (RFI # 9); 40 LF @ $35.60 6 8" Gate Valve & Box (RFI #6); 1 EA@ $1466.50 7 6" Gate Valve & Box (RFI #5); 1 EA@ $1037.65 8 4" Gate Valve & Box (RFI #9, 14, 17); 3 EA@ $755.54 9 3" Gate Valve & Box w/OPER Wheel (RFI # 17); 1 EA@ $660.00 10 8" X 6" TEE (RFI # 5); 1 EA@ $327.05 11 8" X 4" TEE (RFI # 9, 17); 2 EA@ $307.52 12 8" X 4" TEE CUT IN (RFI # 14, 17); 2 EA@ $857.52 13 4" X 3" Reducer(RFI # 9, 17); 2EA@ $235.81 14 4" CAP & Megalugs; 3 EA@ $140.96 15 3" CAP & Megalugs; 2 EA@ $156.50 16 8" 90 Degree Bend (RFI # 6); 1 EA @ $385.92 17 6" 90 Degree Bend (RFI # 5); 1 EA @ $269.44 18 4" 90 Degree Bend (RFI # 9, 17); 1 EA@ $217.56 19 4" 90 Degree Bend Cut In (RFI # 14); 1 EA@ $792.56 20 2" Meter Box (RFI # 17); 2 EA @ $320.00 21 3" Meter Box (RFI # 17); 1 EA@ $575.00 22 Chlorinating & Testing; 280 LF@ $1.70 23 F & I Flowable Fill (RFI # 1); 33 CY@ $103.00 24 Exploratory Digging (Meters); 3 HR@ 101.30 25 Exploratory Digging (Meters); 4 HR (lot 21)@ 105.00 26 Exploratory Digging (Crossings); 4 HR@ 156.30 27 Surveying & As-Builts; 1 LS@ 1,500.00 , ... zt-tt Date ate 8/J.Jt Date 162 CAP Engineering EnQineer of Record JOB NO. CONTRACT NO. 43-Q9/10 · Days Requested: 0 Days Approved: 0 Amount $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1,226.56 1,365.00 456.00 7,488.80 1,424.00 1,466.50 1,037.65 2,266.62 660.00 327.05 615.04 1,715.04 507.62 422.88 313.00 385.92 269.44 435.12 792.56 640.00 575.00 476.00 3,347.50 303.90 420.00 625.20 1,500.00 $31,062.40 / date CHANGE ORDER PROJECT: NEIGHBORHOOD# 13A STAR ISLAND CHANGE ORDER NUMBER: TO: TRANS FLORIDA DEVELOPMENT CORP. 13960 SW 144 AVENUE ROAD DATE: June 27, 20 I I MIAMI, FL 33186 NTP DATE: May 9, 2011 CONTRACT CHANGE FOR: Additional water main components due to unforeseen items in the field not reflected on contract plans. CONTRACT IS CHANGED AS FOLLOWS: See attachment for schedule of values. TOTAL CHANGE ORDER NO. l THE ORIGINAL CONTRACT SUM WAS THE NET CHANGE BY PREVIOUSLY AUTHORIZED CHANGE ORDERS: THE CONTRACT SUM PRIOR TO THIS CHANGE ORDER WAS THE CONTRACT SUM WILL BE INCREASED BY THIS CHANGE ORDER IN THE AMOUNT OF THE NEW CONTRACT SUM INCLUDING THIS CHANGE ORDER WILL BE THE CONTRACT TIME WILL BE CHANGED BY: To be Determined $ 31,062.40 $ 696,887.45 $ 0.00 $ 696,887.45 $ 31.062.40 $ 727,949.85 (NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and the contractor, in which case a Change Order is executed to supersede the Construction Change Directive.) CAP Engineering 8350 NW 52 Terra~, #103 Doral. FL 33166 hJ.wj ~ BY (StgnatureJ Andrew Pierce. P.E. Engineer of Record DJTt ''¥ J II Trans Florida Development Corp. 13960 SW 144 Avenue Road Miami. FL 33 186 ~~~ BY~~ 163 City of Miami Beach 1700 Convention Center Dr Miami Beach, FL 33 139 BY (Signature! (Tvped •\iame! DATE ' .. TRANS FLORIDA DEVELOPl\IIENT CORP. General Engineering Contractor Change Order# 1 Itemized Schedule of Values l. 8" DIP SOLID SLEEVES (RFI# 5,6) 4EA@$ 306.64 $ I ,226.56 2. 24'' PVC SLEEVES EMPTY tl~ II·· ;.;1 130 LF@$ 10.50 $ I ,365.00 3. 6" DIP (RF!# 5) 20 LF@ $ 22.80 $ 456.00 4. 4" DIP 1 RFI"' {).14, I 7) 220 LF@ $ 34.04 $ 7,488.80 5. 3" DIP (RFI# 9) 40 Lf@ $ 35.60 $ I ,424.00 6. 8'' GATE VALVE & BOX (RFI# 6) I EA @ $1 ,466.50 $ I ,466.50 7. 6" GATE VALVE & BOX (RFI# 5) I EA@ $I ,037.65 $ I,037.65 8. 4" GATE VALVE & BOX (RFI# 9, I4, 17) 3 EA@$ 755.54 $ 2,266.62 9. 3'' GATE VALVE & BOX w/OPER WHEEL (RFI# 17) I EA@$ 660.00 $ 660.00 I 0. 8" X 6" TEE (RFI# 5) I EA@$ 327.05 $ 327.05 II. 8'' X 4" TEE (RFI# 9, 17) 2 EA@$ 307.52 $ 6!5.04 12. 8" X 4" TEE CUT IN (RFI# 14, 17) 2 EA@$ 857.52. $ I,715.04 13. 4" X 3" REDUCER (RFI# 9, 17) 2 EA@$ 253.8I $ 507.62 14. 4" CAP & MEGALUGS 3 EA@$ I40.96 $ 422.88 15. 3" CAP & MEGALUGS 2 EA@$ I56.50 $ 3 I3.00 16. 8" 90 DEGREE BEND (RFI# 6) I EA@$ 385.92 $ 385.92 17. 6" 90 DEGREE BEND (RFI# 5) I EA@$ 269.44 $ 269.44 I8. 4"90DEGREEBEND(RFI#9, 17) 2EA@$ 217.56 $ 435.12 I9. 4" 90 DEGREE BEND CUT fN (RFI# 14) 1 EA@$ 792.56 $ 792.56 20. 2" METER BOX ( RFI# 17) 2 EA@$ 320.00 $ 640.00 21. 3" METER BOX (RFI# 17) I EA@$ 575.00 $ 575.00 22. CHLORINATfNG & TESTING 280 LF@ $ 1.70 $ 476.00 23. F & I FLOW ABLE FILL 1 Rf I I I 33 CY@ $ 103.00 $ 3,347.50 24. EXPLORATORY DIGGING (Meters) 3 HR@$ 101.30 $ 303.90 25. EXPLORA.TORY DIGGING (Frost) 4 HR@$ 105.00 $ 420.00 26. EXPLORATORY DIGGING t. r,,.,.. !n~ 4 HR@$ 156.30 $ 625.20 .,.., \i R \ f· Yl'i(, •. ~ ·\ ·, .[j I I I 1 ., I LS @ $1,500.00 $ I ,500.00 TOTAL: $ 31,062.40 Streetscape Account $ 12,354.36 (;r~·,~p L.'\l) Water System $ 18,708.04 (remainder) 164 Exhibit B apital Improvement Projects Office 1700 Convention Center Drive Miami Beach, FL 33139 TRANS FLORIDA DEVELOPMENT CORP. 13960 S.W. 144 Avenue Road, Miami, Florida 33186 CHANGE ORDER APPROVAL FORM No.002 Phone: 305.378.2323 Fax: 305.378.6161 DESCRIPTION: Additional water main components due to unforeseen items in the field. Also upgrade to Electrical panels. PROJECT: Right-Of-Way Infrastructure Improvement Program-Neighborhood No. 13A-Star Island TO: Roberto Rodriguez City of Miami Beach 1701 Meridian Ave, Suite 300 Miami Beach, Fl33139 Item 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Description 8" DIP Solid Sleeves (RFI # 20) - 2 EA. @ $306.64 4" DIP (RFI # 20 & 22)-115 LF.@ $34.04 4" Gate Valve & Box (RFI # 20)-1 EA. @ $755.54 3" Gate Valve & Box with Oper wheel (RFI # 20)-2 EA. @ $660.00 8"x 4" Tee Cut -In (RFI # 20)-1 EA. @ $857.52 4"x 3" Reducer (RFI # 20)-2 EA. @ $253.81 Cut Existing 6" Main and Cap (RFI # 18 & Frost property)-2 EA.@ $143.65 4" 90 Degree Bend Cut-In (RFI # 9) - 1 EA @ $792.56 4" 90 Degree Bend (RFI # 9, 17)-2 EA.@ $217.56 2" Tubing (Complete Service) (RFI # 17 & 21)-593 LF.@ $15.65 DR 2" Tubing (Modified or Temporary Servcie) (RFI # 11, 18 & 22) -480 LF.@ $18.10 3" Galv (Modified or Temporary Servcie) (RFI # 11, & 22)-55 LF. @ $31.95 6" Standard Univ D.l Clamp I Explore Digging Existing Services (Lot 21) -1 EA.@ $146.25 4" Standard Univ D.l Clamp I Explore Digging Existing Services (Lot 4) - 1 EA.@ $115.00 3" Standard Univ D.l Clamp I Explore Digging Existing Services (Lot 5) - 1 EA. @ $111.15 Cut Existing 2" Galv Pipe & Dispose (RFI # 11 & 22) -32 EA. @ $50.00 Cut Existing 3" & 4" Galv Pipe & Dispose (RFI # 11 & 22) - 5 EA. @ $60.00 Sod Replacement (RFI # 9 & 18) 800 SF@ 0.61 Remove & Salvage Existing Fire Hydrant (RFI # 22 & Lot 20 ) -2 1 EA. @ $250 F & I Flowable Fill (RFI # 1)-9 CY@ $103.00 Pavement Restoration (RFI # 11) -194 SY@ 18.00 Exploritory Digging (See below) 7 HR@ $156.30 Exploritory Digging (See below) 4 HR@ $112.85 Exploritory Digging (See below) 7 HR@ $101.30 Surveying & As-Builts; 1 LS @ 1 ,500.00 26 # 57 Stone Purchased & place 4" at Each Meter Box (Per CMB Request) 6 TN @ 17.00 27 1.5"-Water Meter boxes: Various locations from Lot 10 to Lot 34, Otv 9 tal $280.00 28 2"-Water Meter boxes: Various locations from Lot 10 to Lot 34, Qtv 15 tal $320.00 29 3"-Water Meter boxes: Various locations from Lot 10 to Lot 34, Qtv 2 tal $575.00 30 2" PVC Sleeve Empty at Lot 11: 195 LF tal $10.50 31 Credit for Field Office POD 1 LS tal -$3,600 32 Stormwater inlet crate 33 Electrical Changes Per Revised Plans A. Modify Electrical Panel A & Install New Circuit Breaker (Panel A: Notes 1, 5 & 6) FT B. Pull (1 l Separate Electrical Circuit For Landscpainq Liqhts at Bridqe Back to Panel A. (Note 4) C. Pull New Electrical Feeder from PFL to Panel A: (Panel A Note 2). D. Modifv Electrical Panel B & Install New Circuit Breakers (Panel B Notes 1, 3, 4, 6 & 7) E. Install New 2" Conduit from Existing Panel to Existing Pull Box. (Panel B Note 2) F. Pull (4) New Separate Elec.Circuits -Lndscp Liqht, N. & S.end of Park (Pnl A Note 4) & (Pnl B Note 5) G. 2" PVC, Directional Borinq from Buoy Park to landscape area at quardhouse: 120 LF H. 2" PVC, Directional Boring at Buoy Park to add new conduits for new lighting circuits; 860 LF I. Install new pull boxes to replace existing undersized pull boxes, tie in new circuits; 9 pull boxes J. Restoration of sod Electrical Sub Total: 165 DATE: January 17, 2012 JOB NO. CONTRACT NO. 43-09/10 Days Requested: 76 Days Approved: 76 Amount $ 613.28 $ 3,914.60 $ 755.54 $ 1,320.00 $ 857.52 $ 507.62 $ 287.30 $ 792.56 $ 435.12 $ 9,280.45 $ 8,688.00 $ 1,757.25 $ 146.25 $ 115.00 $ 111.15 $ 1,600.00 $ 300.00 $ 488.00 $ 250.00 $ 927.00 $ 3,492.00 $ 1,094.10 $ 451.40 $ 709.10 $ 1,500.00 $ 102.00 $ 2,520.00 $ 4,800.00 $ 1,150.00 $ 2,047.50 $ (3,600.00) $ 210.00 $ 47,412.74 $ 458.29 $ 1,595.42 $ 1,101.59 $ 882.54 $ 91.14 $ 25,100.94 $ 2,640.00 $ 11,180.00 $ 7,650.00 $ 600.00 $ 51,299.92 34 TransFiorida Development Mark Up of 7.5% SUBTOTAL Project Manager Senior Project Manager Assistant Director Director Capital Project Administrator Budget Date Date Date Date Date 166 Total Cost: CAP Engineering Engineer of Record Trans Florida Development Corp. Contractor: DRAFT $ $ 3,847.49 55,147.41 $ 102.560.15 Date Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and the City Commission of the City of Miami Beach, Florida, approving and authorizing the Mayor and the City Clerk to execute Amendment No. 12, to the existing Professional Services Agreement between the City of Miami Beach and Chen Moore & Associates, Inc. (CMA), dated September 8, 2004 for the City Center Right of Way Neighborhood Improvement Project Bid Packages 9A and 9B; in the negotiated not-to-exceed amount of $150,155, plus an additional amount of $2,000 for approved reimbursable expenses; to provide extended construction administration and Resident Project Representation during construction of the project; with previously appropriated fundil'lQ_from the City Center RDA Fund 365. 43% of the residential respondents to the 2009 Community Satisfaction Survey rated Storm Drainage (to avoid floodin as Excellent and Good. I Shall the City Commission adopt the resolution? Item Summa /Recommendation: On September 8, 2004, the Mayor and City Commission adopted Resolution No. 2004-25678, approving and authorizing the Mayor and City Clerk to execute an Agreement with the firm of Chen Moore & Associates, Inc. (formally Chen & Associates), (CMA), to provide professional services for the planning, design, bid and award, and construction administration phases of the City Center Right-of-Way Neighborhood Improvement Project (the Project). The original contract provided only limited Project Closeout Services and no Resident Project Representative Services. On September 9, 2009, the City Commission adopted Resolution No. 2009-27159, approving Amendment No.7 to the Agreement, in the amount of $580,424, for Resident Project Representative (RPR) services for Bid Packages 9A and 9B, during construction of the Project. The period of time for construction duration was anticipated for Bid Package A to be 24 months and Bid package B to be 18 months. During the course of the project extensions of time were awarded to the contractor, M. Vila & Associates, Inc. (MVA), via approved change orders which increased the contract time by 122 days, or approximately 4 months. On October 24, 2011, MVA was terminated from the City Center 9A project due to failure to comply with previous notices of default associated with repeated non-compliance issues, delays of time, and other deviations. On October 30, 2011 the City contracted with Metro Express, Inc. under a Job Order Contract (JOG) to assure completion of the project. Approximately 5.6 months of additional time was added to the contract as a result of MVA's delays and the necessary correction of the deficiencies. Summary of the revised Project Time is indicated below: Summary of Project Time (Based on calendar days per the contract}: Original MVA Contract 720 Days (24 months) 8/24/09 to 8/14/11 Approved MVA Change Orders 122 Days ( 4 months) 8/15/11 to 12/14/11 Projected Completion <Estimate} 168 Days (5.6 months} 12/15/11 to 5/31/12 Total Time 996 Days (33.6 Months) CMA has submitted a proposal for additional professional services pursuant to the 122 day extension of time awarded to MV A for approved change orders to the project, and also for additional professional services resulting from the termination of the contract with MV A which the City will seek financial recovery. Summary of Additional Cost: Approved MVA Change Orders RPR Services MVA Termination Analysis & Report(To be Recovered) MVA Termination Additional RPR Services (To be Recovered} Total CMA Cost $ 48,485 $ 34,680 $ 66.990 $ 150,155 Staff finds both the scope and negotiated fee to be reasonable and appropriate, and the hourly billing rates are well within the current approved amount negotiated for all City consultants. The Administration recommends approval of the resolution. Advisory Board Recommendation: I N/A Amount Account Source Funds: $152,155 365-2616-061357 Ci Center Bid Pack A OBPI $152,155 islative Trackin . 6399 MIAMI BEACH 167 AGENDA 1TEM _e_,_7_F __ DATE t9-O-/ 2.,... ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: embers of the City Commission FROM: DATE: February 8, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 12, TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CHEN MOORE & ASSOCIATES, INC. (CMA), DATED SEPTEMBER 8, 2004, FOR THE CITY CENTER RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT BID PACKAGES 9A AND 9B; IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $150,155, PLUS AN ADDITIONAL AMOUNT OF $2,000 FOR APPROVED REIMBURSABLE EXPENSES; TO PROVIDE EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT REPRESENTATION DURING CONSTRUCTION OF THE PROJECT; WITH PREVIOUSLY APPROPRIATED FUNDING FROM THE CITY CENTER RDA FUND 365. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Ensure Value and Timely Delivery of Quality Capital Projects. FUNDING Funding for this Amendment has been previously appropriated in the City Center Bid Package A from the City Center RDA fund 365 for the amount of $152,155 in account 365-2616- 061357. BACKGROUND -DESIGN On September 8, 2004, the Mayor and City Commission adopted Resolution No. 2004-25678, approving and authorizing the Mayor and City Clerk to execute an Agreement with the firm of Chen Moore & Associates, Inc. (formally Chen & Associates), (Consultant), to provide professional services for the planning, design, bid and award, and construction administration phases of the City Center Right-of-Way Neighborhood Improvement Project {the Project). The original contract provided only limited Project Closeout Services and no Resident Project Representative Services. Although the Project originally consisted of Construction of Bid Packages 9A and 9B, the project was subsequently divided into three (3) separate Bid Packages. Bid Package 9A: the residential area bounded by Lincoln Road to the south, Washington Avenue to the west, 21st Street to the north, and Collins Avenue to the east. Bid Package 9B, the commercial area bounded by 16th Street to the south, 17th Street to the north, Alton Road to the west, Washington Avenue to the east, including Meridian Avenue to 19th Street west to Convention Center Drive, and Convention Center Drive to Dade Boulevard. Bid Package 9C: within the 168 Commission Memorandum City Center ROW Chen Amendment 12 February 8, 2012 Page 2of3 commercial area on Lincoln Road from Washington Avenue to Collins Avenue. For the history of all past approved Amendments for Chen Moore & Associates for the City Center projects, refer to Amendment No. 12, Attachment No. 1. BACKGROUND -CONSTRUCTION On April 22, 2009, the City Commission approved the award of a construction contract to M. Vila & Associates, Inc. (MVA) in the amount of $7,589,825 for the construction of the Infrastructure Improvement Project I City Center Historic District Bid Package 9A. The original contract time for the project was 720 days, or 24 months to final completion. Between September 2009 and March 2011 several owner requested revisions (0/R) to MVA's contract were requested by the City of Miami Beach Public Works Department, and the CIP Department. The majority of these revisions were approved by Commission and they were as follows: A. Resolution No. 2010-27467 (0/R) for the Construction of Right of Way and Infrastructure Improvements surrounding the New World Symphony building, Pennsylvania Garage, and Lincoln Park (Soundscape) Projects. The total amount of the resolution, including contingency was $961,613. B. Resolution No. 2010-27374 (0/R) for the construction of a 24-inch PVC sanitary sewer on James Avenue. The total amount of the resolution, including contingency was $646,031. C. Resolution No. 2010-27531 (0/R) for the rehabilitation of the stormwater pipe located along Washington Avenue, between 18th and 201h streets. The total amount of the resolution, including contingency was $397,529. D. Additional, miscellaneous, owner requested or unforeseen items. The total amount of these items were awarded by change order for a total amount of $110,974. ANALYSIS -FIRST TIME EXTENSION Extensions of time were awarded to MVA, via approved change orders, for the above additional work in the cumulative amount of 1 02 days. An additional 20 days were also awarded to MVA for unforeseen conditions and other owner requested revisions, for a total of 122 days of extensions to the contract time, or approximately 17 weeks. CMA has submitted a proposal for Additional Resident Project Representative Services which were required during this extended construction phase. Attachment 2, Schedule B, itemizes the hours required for a full time resident project representative over the 122-day period. The total of 693 hours is the required amount of hours based upon a 40 hour full time work week. Staff confirmed that the negotiated fee of $70.00 per hour for this service is a 2009 rate and is reasonable and appropriate, as well as below the hourly billing rates currently negotiated for all City consultants. ANALYSIS-SECOND TIME EXTENSION AND ADDED SCOPE On October 24, 2011, after the City performed its due diligence, MVA was terminated from the City Center 9A project due to failure to comply with notices of default associated with repeated non-compliance issues, delays of time, and other contract violations. Refer to the Notice of Termination letter to MVA dated October 24, 2011, Attachment No. 3 and the Letter to Commission (LTC #290-2011) dated November 14, 2011, Attachment No. 4. On October 30, 2011 the City contracted with Metro Express, Inc. (MEl) under a Job Order Contract (JOC) to 169 Commission Memorandum City Center ROW Chen Amendment 12 February 8, 2012 Page 3of3 complete the project. CMA has also submitted a proposal for additional professional services resulting from the termination of the contract with MVA. The City requested the Consultant perform an extensive construction status analysis and prepare a preliminary punch list of the project. The findings were presented in report form, which included an estimate of probable cost to complete the project as well as repair all construction deficiencies which required correction. The total cost of this effort is $34,680. In addition, the Consultant has been requested by the City to continue its duties as the Resident Project Representative (RPR) during the period of time required to complete the project with the new contractor, Metro Express, Inc. Approximately 5.6 months of additional time was added to the contract as a result of MVA's delays and the necessary correction of the deficiencies. The total, not-to-exceed cost of the additional time for RPR services is $66,990. The City will be seeking financial recovery from MVA for the additional cost to extend the contract time and to prepare the estimate of probable cost. Attachment 5, Schedule C and Schedule D, itemizes the hours estimated and scope to be required for each of these additional tasks with an anticipated project completion date of May 31, 2012. Staff finds both the scope and negotiated fee to be reasonable and appropriate, and the hourly billing rates are well within the current approved amount negotiated for all City consultants. The current schedule for completion of the Project is summarized below: Summary of Project Time (Based on calendar days per the contract): Original MVA Contract 720 Days (24 months) 8/24/09 to 8/14/11 Approved MVA Change Orders 122 Days ( 4 months) 8/15/11 to 12/14/11 Projected Completion (Estimate) 168 Days (5.6 months) 12/15/11 to 5/31/12 Total Time 996 Days (33.6 Months) Summary of Additional Cost: Approved MVA Change Orders RPR Services MVA Termination Analysis & Report (To be Recovered) MVA Termination Additional RPR Services (To be Recovered) Total CMA Cost CONCLUSION $ 48,485 $ 34,680 $ 66.990 $150,155 The Administration recommends the execution of Amendment No. 12, in the negotiated, not to exceed amount of $152,155, to an existing Agreement between the City of Miami Beach and -' Chen Moore & Associates, Inc., dated September 8, 2004, to provide extended Construction Administration and Resident Project Representation Services for the City Center Neighborhood Improvement Right-of-Way Project Bid Packages 9A; with previously appropriated funding from the City Center RDA Fund 365. Attachment 1 -Amendment No. 12 Attachment 2 -Schedule B Attachment 3-MVA Termination Letter Attachment 4 -Letter to Commission Attachment 5 -Schedule C & D JMG/DB~DM/MH T:\AGENDA\2012\2-8-12\City Center ROW\City Center ROW-Chen Amend No 12 MEMO.docx 170 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 AMENDMENT NO. 12, TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CHEN MOORE & ASSOCIATES, INC. (CMA), DATED SEPTEMBER 8, 2004, FOR THE CITY CENTER RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT BID PACKAGES 9A AND 9B; IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $150,155, PLUS AN ADDITIONAL AMOUNT OF $2,000 FOR APPROVED REIMBURSABLE EXPENSES; TO PROVIDE EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT REPRESENTATION DURING CONSTRUCTION OF THE PROJECT; WITH PREVIOUSLY APPROPRIATED FUNDING FROM THE CITY CENTER RDA FUND 365. WHEREAS, pursuant to Request for Qualifications (RFQ) No. 68-02/03, the Mayor and City Commission adopted Resolution No. 2004-25678, on September 8, 2004, approving and authorizing the Mayor and City Clerk to execute an Agreement with Chen and Associates, Inc. (Consultant), in a not-to-exceed amount of $2,144,773, for the planning, design, bid and award, and construction administration phases of the City Center Right-of-Way (ROW) Neighborhood Improvement Project {the Project); and WHEREAS, the Project includes improvements to the stormwater system, water system, roadways, streetscape, landscaping, traffic calming, pedestrian lighting, and linkages within the public right-of-ways; and WHEREAS, the Project limits are bounded by 16th Street to the South; Dade Boulevard to the North; and from Alton Road on the West, to Collins Avenue on the East; and WHEREAS, on February 8, 2006, the City Commission adopted Resolution No. 2006- 26126, approving Amendment No. 1 to the Agreement, in an amount not-to-exceed $347,925, to include the design of streetscape improvements on Meridian Avenue, from 17th to 181h Street, and miscellaneous water and wastewater main improvements; and WHEREAS, on December 6, 2006, the City Commission adopted Resolution No. 2006- 26388, approving Amendment No. 2 to the Agreement, in an amount not-to-exceed $88,081, to include the design of streetscape improvements on 21st Street, between Park and Collins Avenues; and Construction Administration and Resident Project Representative (RPR) services for Lincoln Road, between Collins and Washington Avenues; and WHEREAS, ori April 24, 2007, the Capital Improvement Projects (CIP) Office executed Amendment No. 3 to the Agreement, for a not-to-exceed amount of $16,973, for the design of bike lanes/routes within the Project; and WHEREAS, on September 5, 2007, the Capital Improvement Projects (CIP) Office executed Amendment No. 4, in an amount not-to-exceed $24,923, for the additional planning services for the proposed improvements along the Lincoln Road corridor, between Washington and Collins Avenues (Bid Package 9C); and WHEREAS, on May 5, 2008, the Capital Improvement Projects (CIP) Office executed Amendment No.5 to the Agreement, for a not-to exceed amount of $23,935, for design revisions to the Bid Package 9B, City Center Commercial District Right-of-Way Neighborhood Improvement Project, necessitated by the Miami-Dade County Public Works Department Traffic Division; and 171 WHEREAS, on November 14, 2008, the Capital Improvement Projects (CIP) Office executed Amendment No. 6 to the Agreement, for a not-to exceed amount of $23,766, for design revisions to Lincoln Lane North, between Pennsylvania and Washington Avenue, adjacent to the New World Symphony project; and WHEREAS, on September 9, 2009, the City Commission adopted Resolution No. 2009- 27159, approving Amendment No. 7 to the Agreement, in the amount of $580,424, for Resident Project Representative (RPR) services for Bid Packages 9A and 98, during construction of the Project; and WHEREAS, on May 19, 2010, the Capital Improvement Projects (CIP) Office executed Amendment No. 8 to the Agreement, for a not-to-exceed amount of 21,078, for design revisions necessary for the re-design of 17th Street, Pennsylvania Avenue, and Lincoln Lane North, adjacent to the New World Symphony project, and WHEREAS, on February 14, 2011, the Capital Improvement Projects {CIP) Office executed Amendment No. 9 to the Agreement, for a not-to-exceed amount of $11,235, to provide revisions to electrical drawings indicating service access points from Sound Space Park, and additional services for preparation of a stormwater model to be used to establish existing conditions and determine future stormwater design and collection on Lincoln Road; and WHEREAS, on August 8, 2011, the Capital Improvement Projects (CIP) Office executed Amendment No. 10 to the Agreement, for a not-to-exceed amount of $25,000, for additional professional services necessary for Resident Project Representative (RPR) and supplemental construction administration services for Lincoln Road, between Washington Avenue and Collins Avenue, Neighborhood No. 9C, City Center Right of Way Neighborhood Improvement Project; and WHEREAS, on September 28, 2011, the Capital Improvement Projects (CIP) Office executed Amendment No. 11 to the Agreement, for the not-to-exceed amount of $6,181, for additional professional services required to revise the design plans to reflect a wider pedestrian crossing at 17th Street and Drexel Avenue and roadway geometry changes at the intersections of 1ih Street and Pennsylvania Avenue; and 1ih Street and Convention Center Drive, resulting from the proposed pedestrian signalization additions on 17th Street between Convention Center Drive and Washington Avenue; and WHEREAS, the Consultant has submitted a proposal for additional professional services required due to a 122 day extension of time awarded to the contractor, M. Vila & Associates, Inc. for approved change orders to the project; and WHEREAS, the Consultant has submitted a proposal for additional professional services required due to the termination of the contractor, M. Vila & Associates, Inc; and WHEREAS, the total additional fee requested by the Consultant for the additional-work including reimbursables is $152, 155; and WHEREAS, the Capital Improvement Project Office has evaluated the Consultant's cost proposal and are in agreement that the proposal is reasonable. 172 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 authorize the Mayor and City Clerk to execute Amendment No. 12, to the existing Professional Services Agreement between the City of Miami Beach and Chen Moore & Associates, Inc. (CMA), dated September 8, 2004 for the City Center Right of Way Neighborhood Improvement Project Bid Packages 9A and 9B; in the negotiated not-to-exceed amount of $150,155, plus an additional amount of $2,000 for approved reimbursable expenses; to provide extended construction administration and resident project representation during construction of the project; with previously appropriated funding from the City Center RDA Fund 365. PASSED AND ADOPTED THIS---DAY OF ____ .2011. ATTEST: CITY CLERK MAYOR 173 APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION Attachment 1 AMENDMENT No. 12 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CHEN MOORE & ASSOCIATES, INC. {FORMERLY CHEN AND ASSOCIATES, INC), DATED SEPTEMBER 8, 2004, FOR THE CITY CENTER RIGHT OF WAY IMPROVEMENT PROJECT, IN AN AMOUNT NOT-TO-EXCEED OF $150,122 PLUS $2,000 FOR REIMBURSABLE EXPENSES; FOR EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT REPRESENTATION, NEIGHBORHOOD NO. 9A, CITY CENTER RIGHT OF WAY NEIGHBORHOOD IMPROVEMENT PROJECT. This Amendment No. 12 to the Agreement, made and entered this _day of 2012, by and between the CITY OF MIAMI BEACH, a Municipal Corporation existing under the laws of the State of Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and CHEN MOORE AND ASSOCIATES, INC, a Florida Corporation, having its offices at 500 W. Cypress Creek Road, Suite 410, Fort Lauderdale, Florida 33309 (hereinafter referred to as the Consultant). RECITALS WHEREAS, pursuant to Request for Qualifications (RFQ) No. 68-02/03, the Mayor and City Commission adopted Resolution No. 2004-25678, on September 8, 2004, approving and authorizing the Mayor and City Clerk to execute an Agreement with Chen and Associates, Inc. (Consultant), in a not-to-exceed amount of $2,144,773, for the planning, design, bid and award, and construction administration phases of the City Center Right-of-Way (ROW) Neighborhood Improvement Project (the Project); and WHEREAS, the Project includes improvements to the stormwater system, water system, roadways, streetscape, landscaping, traffic calming, pedestrian lighting, and linkages within the public right-of-ways; and WHEREAS, the Project limits are bounded by 16th Street to the South; Dade Boulevard to the North; and from Alton Road on the West, to Collins Avenue on the East; and WHEREAS, on February 8, 2006, the City Commission adopted Resolution No. 2006- 26126, approving Amendment No. 1 to the Agreement, in an amount not-to-exceed $347,925, to include the design of streetscape improvements on Meridian Avenue, from 17th to 18th Street, and miscellaneous water and wastewater main improvements; and WHEREAS, on December 6, 2006, the City Commission adopted Resolution No. 2006- 26388, approving Amendment No. 2 to the Agreement, in an amount not-to-exceed $88,081, to include the design of streetscape improvements on 21 51 Street, between Park and Collins Avenues; and Construction Administration and Resident Project Representative (RPR) services for Lincoln Road, between Collins and Washington Avenues; and WHEREAS, on April 24, 2007, the Capital Improvement Projects (CIP) Office executed Amendment No. 3 to the Agreement, for a not-to-exceed amount of $16,973, for the design of bike lanes/routes within the Project; and WHEREAS, on September 5, 2007, the Capital Improvement Projects (CIP) Office executed Amendment No. 4, in an amount not-to-exceed $24,923, for the additional planning services for the proposed improvements along the Lincoln Road corridor, between Washington and Collins Avenues (Bid Package 9C); and 174 WHEREAS, on May 5, 2008, the Capital Improvement Projects (CIP) Office executed Amendment No. 5 to the Agreement, for a not-to exceed amount of $23,935, for design revisions to the Bid Package 9B, City Center Commercial District Right-of-Way Neighborhood Improvement Project, necessitated by the Miami-Dade County Public Works Department Traffic Division; and WHEREAS, on November 14, 2008, the Capital Improvement Projects (CIP) Office executed Amendment No. 6 to the Agreement, for a not-to exceed amount of $23,766, for design revisions to Lincoln Lane North, between Pennsylvania and Washington Avenue, adjacent to the New World Symphony project; and WHEREAS, on September 9, 2009, the City Commission adopted Resolution No. 2009- 27159, approving Amendment No. 7 to the Agreement, in the amount of $580,424, for Resident Project Representative (RPR) services for Bid Packages 9A and 9B, during construction of the Project; and WHEREAS, on May 19, 2010, the Capital Improvement Projects (CIP) Office executed Amendment No. 8 to the Agreement, for a not-to-exceed amount of 21,078, for design revisions necessary for the re-design of 1 ih Street, Pennsylvania Avenue, and Lincoln Lane North, adjacent to the New World Symphony project, and WHEREAS, on February 14, 2011, the Capital Improvement Projects (CIP) Office executed Amendment No. 9 to the Agreement, for a not-to-exceed amount of $11,235, to provide revisions to electrical drawings indicating service access points from Sound Space Park, and additional services for preparation of a stormwater model to be used to establish existing conditions and determine future stormwater design and collection on Lincoln Road; and WHEREAS, on August 8, 2011, the Capital Improvement Projects (CIP) Office executed Amendment No. 10 to the Agreement, for a not-to-exceed amount of $25,000, for additional professional services necessary for Resident Project Representative (RPR) and supplemental construction administration services for Lincoln Road, between Washington Avenue and Collins Avenue, Neighborhood No. 9C, City Center Right of Way Neighborhood Improvement Project; and WHEREAS, on September 28, 2011, the Capital Improvement Projects (CIP) Office executed Amendment No. 11 to the Agreement, for the not-to-exceed amount of $6,181, for additional professional services required to revise the design plans to reflect a wider pedestrian crossing at 17th Street and Drexel Avenue and roadway geometry changes at the intersections of 17th Street and Pennsylvania Avenue; and 17th Street and Convention Center Drive, resulting from the proposed pedestrian signalization additions on 17th Street between Convention Center Drive and Washington Avenue; and WHEREAS, the Consultant has submitted a proposal for additional professional services required due to a 122 day extension of time awarded to the contractor, M. Vila & Associates, Inc. for approved change orders to the project; and WHEREAS, the Consultant has submitted a proposal for additional professional services required due to an additional 168 day extension of the project time due to the termination of the contractor, M. Vila & Associates, Inc; and WHEREAS, the total additional fee requested by the Consultant for the additional work including reimbursables is $152, 155; and WHEREAS, the Capital Improvement Project Office has evaluated the Consultant's cost proposal and are in agreement that the proposal is reasonable; and 175 WHEREAS, this Amendment No. 12 to the Agreement, will revise the total contract sum to a not-to-exceed total of $3,466,449. NOW. THEREFORE. the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 12. 2. MODIFICATIONS The Agreement is amended to include and incorporate the additional work, as set forth in Attachment 3, attached hereto. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No. 12. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 11 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: Robert Parcher, City Clerk ATTEST: Secretary Print Name APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney CITY OF MIAMI BEACH, FLORIDA Jorge M. Gonzalez, City Manager CONSULTANT: CHEN MOORE AND ASSOCIATES, INC. President Print Name Date 176 ~ ...... ...... T:\AGENOA\2012\2-8·12\Cily COMI!lif ROW\Citr CunW. ROW ·Chen Amend. No. 12 Attacrnnrnfa. 4·b Attachment 2 SCHEDULE B CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE PROGRAM A-E CONSULTANT CONSULTANT'S COMPENSATION FEE SCHEDULE CITY CENTER 9A SCH B rev 1/27/2012 ~ """"\ 'I ~ (\ ~ ~ ~ ,)... Attachment 3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beech, Florida 33139, www.micmibecchll.gov CAPITAl IMPROVEMENT PROJECTS OFFICE Tel: 30.5-673-7071, Fax: 305-673-7073 October 24, 2011 Miguel Vila, Vice President M. Vila & Associates. Inc. 12097 ~98th Avenue Hialeah Gardens, FL 33018 Re: Notice of Termination Projed: City Center 9A ROW Dear Mr. Vila: Via Email and FedEx Tracking Number 874466406567 Due to failure to comply with previous notice of default issued September 29, 2011. M. Vila & Associates is hereby terminated for cause as of October 24, 2011. The Contractor is therefore excluded from the project site, (except to the extent of immediately removing all equipment and materials). As stated in Section 15.1, the City will use all materials and equipment on the Project site as may be suitable and acceptable. M. Vila shall not be entitled to receive any further payment until the Project is completed. Pursuant to Section 15.4, "Upon receipt of Notice of Termination pursuant to Section 15.1 or 15.3 (of the General Conditions), Contractor shall promptly discontinue all affected work .•. and deliver or otherwise make available to City all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process". Attached also find details of the default certification from Chen Moore & Associates, indicating constant deviations from the contract. In summary, the response from M. Vila dated October 4, 2011 is inadequate and does not comply with the requirements of the contract as follows: 1. Dewatering Permit Expiration and Expiration of Bacteriological Tests: The email sent from Mayra Aguiar (M.Vila) to Rogelio Mata (DERM} dated October 4, 2011 is not accurate, since the permit received on that day did not address the proposed method of properly dewatering 20th Street by using the new drainage system to convey to gravity well No. 6 on James Avenue. The correct Dewatering permit from DERM was not issued until October 14 and received 178 l'vl. Vila & Associates Notice of Termination City Center 9A Project Page2of3 via email on October 18. This has caused a delay to the critical path of the project of 55 days. In addition, l'vl. Vila allowed the bacteriological tests to expire on James Avenue. This is a significant delay to the project and to the ability to complete James Avenue prior to Art Basel week. 2. 20th Street: Drainage crews demobilized on 20th Street after the City sent l'vl. Vila the Notice of Non- Compliance and Stop Work Directive dated August 24, 2011 due to unsafe conditions for employees and lack of a dewatering permit. Currently, the only ongoing scope of work. is road reconstruction between Collins Avenue and Liberty Avenue. The City through its Department of Public Works, mobilized on 20th Street on September 14, 2011, to remove all material, equipment and/or debris that was feft behind by M. Vila. The City also installed temporary asphalt between Washington Avenue and Liberty Avenue along with a portion of sidewalk in order to make it safe for pedestrians and vehicles to park. Pursuant to Section 01010 /Item 13, "Materials and equipment shall not be stored within the right of way during non-working hours without prior approval of the City. The Contractor shall be responsible for identifying a rocation to store material and equipment". The City did not authorize the use of 20th Street for storage. The City even allowed M. Vila to use a lot behind the Convention Center since work on 20th Street commenced. As stated in the previous letter dated September 29, 2011, several requests were made by CIP requesting that M. Vila clean-up between Washington Avenue and Liberty Avenue. The City was continuously ignored. 3. Insufficient Workers: The City does not agree with M. Vila's statement in reference to maintaining sufficient workers on site. The schedule attached to your letter dated October 4, 2011 speaks for itself; as the finish date was pushed out to November 24, which is over a 30 day delay from your contractual substantial completion date of October 16, 2011. Manpower is one of the most effective methods to ensure a project is completed per schedule as per your contract. and the City has continuously made requests to increase it to an adequate level. The City has repeatedly requested that M. Vila not disrupt residents and businesses more than absolutely necessary. Yet, M. Vila continued to not complete minor tasks (i.e, conduit installation) in previous work zones forcing subcontractors and laborers to return to trench the roadways after the first lift was installed. M. Vila's means and methods were irrational, disorganized and disruptive. The City has never asked the Contractor to scale back, only to complete one roadway before demolishing another due to lack of adequate residential parking. At times, the City has also reminded M. Vila that work cannot take place in adjacent roadways, only alternating roadways, in an effort to have every other roadway open for access, pursuant to Section 01010. 4. Pay Requisition Delays: Article 4 of the Contract states that the acontractor's application shall show a complete breakdown of the Project Components, the quantities completed and the amount due, together with such supporting evidence as may be required by Consultant." Technical Specifications Section 01152 1.05 A.5, states the Contractor shall submit ''other information 179 M. Vila & Associates Notice of Termination City Center 9A Project Page 3 of3 as may be deemed necessary." Pay Application submittal requirements have become stricter over time due to proof of repeated subcontractor/supplier non-payment. 5. Updating of Construction Schedule: The Construction schedule submitted with letter dated October 4, 2011 is not acceptable pursuant to Section 01311 -Schedule and Reports. Several tasks were omitted, such as substantial drainage repairs required at all areas inspected by the Public Works Department, crosswalk paver installation, header band repairs and 18th Street service point completion. The technical specifications under Section 01311 state that "if the Contractor believes it wilt take more than thirty (30) days to recover all of the lost time, it shall prepare and submit a request for revision to the Construction Schedule and comply with all of the ··requirements for a Schedule Revision". Therefore, once M. Vila determined that the new substantial completion date was November 24, 2011, a request for a Schedule Revision should have been made and all items described under Section 01311, 1.10 should have been followed for compliance. Failure to comply with the requirements of this Section constitutes a default by Contractor under Item 1.13 of this section. 6. Record Drawings: Progress plans were submitted with every Pay Application package NOT Record Drawings. Progress plans are required to show progress between previous pay applications to the requested date of payment. Record drawings are detailed as built plans that include horizontal and vertical locations of underground utilities referenced to permanent surface improvements, location of internal utilities concealed in the construction, field changes, changes made by field order or by change order, details not shown in contract drawings, benchmark positions and their vertical values and shall be certified by a Professional Land Surveyor registered in the State of Florida, (see Section 01720). Final Record Drawings have not been submitted to date. cc: Martin Vila, President, M. Vila & Associates, Inc. Maria Hernandez, RA, Sr. CIP Capital Projects Coordinator David Martinez, PE, CIP Acting Assistant Director Jose Perez, P.E., CIP Capital Projects Coordinator Elisa A Iglesias, CIP Capital Projects Coordinator Peter Duena, El Chen Moore & Associates, Inc. Oscar Bello, PE Chen Moore & Associates, Inc. Fred Beckman. PE, PWD Director Rhonda Montoya Hasan, First Assistant City Attorney William Sanford, The Hanover Insurance Company Enclosure: Letter from Chen Moore & Associates dated 10-21-11 180 . , Maria Hernandez City of Miami Beach Capital Improvement Projects Office n1 -17th Street. 3rd Aoor Miami Beach. Florida 33139 Subject: City of Miami Beach October 20, 20 II Right-of-Way Infrastructure Improvements Program Neighborhood 9: City Center-Bid Package No. 9A Bid No. 19-08/09 Dear Ms. Hernandez: 500 Cypress Creek Road, Suite 410 Fort Lauderdale, FL 33309 954.730.0707 {Phone) 954.730.2030 (Fax) ViaE-mail In accordance witll Contract Documents, Section 1720, Article 1.06, project record drawings shall be maimained up-to-date as tile work progresses. The City has received progress plans for processing progress payments witll the expectations tllat tile contractor will submit signed and sealed Record Drawings at a later date. Per contract documents, tile work should be supervised by a Florida Licensed Registered Professional Land Surveyor. During our recent review of tile watermain as-built plans, we have gone through several iterations of comments which have not all been addressed. Furthermore, we have not received stormwater as- built plans in accordance with technical specifications. Per Contract Documents, Section lO 10, Article 1.25, revised project schedule should be submitted along with every pay request. Contractor has not included an updated schedule with tile most recent pay request packages. We received a revised project schedule dated September 30, 2011. From our review, we have identified multiple discrepancies and tile schedule cannot be accepted. Please refer to our memo dated October 19, 2011. The construction progress does not measure to the submitted construction schedule. In accordance with Section 1010, article l.lO, contractor should commit resources necessary to ensure the completion of the project in a timely manner. James Avenue watermain bacteriological test results have recently expired. We have proactively notified the contractor of the expiration. To date, we have not received any response from the contractor. Watermain certification packages cannot be submitted without acceptable test results. Several non-compliance notices have not been addressed by the contractor. The Contractor has not responded nor corrected tile non-compliance. Should you have any questions or comments, please do not hesitate to contact me at 954.730.0707. ORB/ Respectfully submitted, ~~ ~~..m ¥socrATES Oscar R. Bello, P.E., Project Manager C;ll:s:rslobel!oiDocumentsiChen\Projects\Miami Beach\City Cemer\IIHernandeziOZO_Proj~ .. "t Summary.dc.; "Prc•tfcing qr..:alit';, responsive ar:d pr:;fessfcnal service to clients, .ceers anc:! tiie public for over 25 yeers" 181 MEMORANDUM 500 Cypress Creek Road, Suite 410 Fort Lauderdale, FL 33309 954.730.0707 (Phone) 954.730.2030 (Fax} To: Maria Hernandez, District Manager· Middle Beach Neighborhoods CC: Elisa A. lglesi~ Capital Projects Coordinator From: Oscar R. Bello Date: October 19,2011 Re: Neighborhood 9: City Center-Bid Package No. 9A Revised Schedule Review Missing from the Schedule: • Activity to conduct Project Walk-Thru • Activity for addressing Punch List • Contractor Certification of Schedule. Per Technical Specification section 13 I l, in submitting any proposed schedule revisions to the City, Contractor shall submit therewith the following certification: "The undersigned CONTRACTOR certifies that the proposed schedule revision to the Construction Schedule which comprised of the graphic network of activities displayed on the sheets dated ____ and of the computerized mathematical reports dated is CONTRACTOR's schedule revision to the Construction Schedule as required by the Contract Documents; and that said schedule revision is a true and accurate representation of its plan to complete the WORK. including all Change Orders that are in the CONTRACTOR's possession as of the foregoing date, and fully complies with the requirements of the Contract Documents. The CONTRACTOR further certifies that it will prosecute the WORK in accordance with this schedule revision, subject to any change therein which is implemented in accordance with the Contract Documents; and the undersigned certifies that it has met and coordinated with and obtained the approval of said schedule revision by all separate CONTRACTORs, as evidenced by their signature thereon; and CONTRACTOR further certifies that it has met and coordinated with and obtained the approval of said schedule revision by all separate CONTRACTORs, as evidenced by their signature thereon; and CONTRACTOR further certifies it has fully complied with all of the requirements of the Contract Documents relating to coordination of said Schedule with separate CONtRACTORs." General: • "Miscellaneous items completion" should provide more specific activities. • Second lift of asphalt should be shown after substantial completion. "Pr~vicir:g quality, responsiw: ar.d professional ser1ice co clients, pe:rs and ti1e public for over 25 years" 182 Washington Avenue Pending activities not addressed in the schedule: • Address asphalt sections that did not pass density • Water main cut & caps • Lamping Report comments • Roof drain connections 17th Street: Activity 17130: "Crosswalks and bumpouts". Schedule shows activity on-going thru 10/20/20 l L To date, we have not observed this activity take place. 18th Street: Activity Al050: "Lamping inspections". Activity shows 09/14/11 as end date. To date, activity is not complete. Activity Al040: "Asphalt second lift''. Activity shows ll/04/11 as end date. The following activities are pending before activity takes place: • Concrete collar around WN£ gate valves • Lamping inspection and acceptance • Stormwater installations near Collins Avenue • Roadway restoration between James Avenue and Collins Avenue due to \V"NI leak • Adjustment to Stormwater inlets • \Vatermain tie-in to existing 8" watermain near Collins A venue • Fire line connections Activity Al060: "Service point installation". Activity shows 09/0 Ill! as end date. To date, activity is not complete. 19th Street: Activity 19010: '"Lamping inspections··. Activity shows 09/:!8/ll as end date. To date. activity is not complete. Activity 19001: ''\Yatermain Washington to James''. Activity shows 08/:!7/10 as end date. Trench restoration is pending. Activity 19012: "Asbuilts. testing, certitication, connections". Activity shows 09/0l/ll as end dace. To date, Asbuilts, and connections are not complete. Activity 19005: ''Concrete \Vashingron to James". Activity sho,vs 09/29110 as end date. Sections of sidewalk install incorrectly and missing structural soil. 183 Activity 19016: "Crosswalk at Park Ave". Activity shows 06/14/11 as end date. To date, activity is not complete. Activity 19007: "Asphalt Washington to Collins first lift". Activity shows ll/ll/10 as end date. Trench restoration is pending. Activity 20072: "Service point connection". Activity shows 09/01/ll as end date. To date, activity is not complete. 21st Street: Activity 21010: "Lamping inspection". Activity shows 09/30/ll as end date. Activity performed by MBPWD, corrective work pending. Activity 21006: "Concrete Washington to Park". Activity shows 11117/10 as end date. To date, activity is not complete. Activity 21007: "Concrete Park to Libertt'. Activity shows ll/18/10 as end date. To date, activity is not complete. Activity 21018: "Crosswalk at Park". Activity shows 08/10/ll as end date. To date, activity is not complete. Activity 21028: "Landscape and Irrigation Final". Activity shows 10113/ll as end date. To date, activity is not complete. Activity 21009: "Asphalt Washington to Collins". Activity shows ll/23/10 as end date. Asphalt restoration pending for Electrical work. Libertv A venue: Pending activities not addressed in the schedule: • Lamping inspection. Activity UOOO: "Drainage 19rh Street to 20'h Street". Activity shows 0 l/04/ll as end date. To date, activity is not complete. Activity LlOOl: "Drainage 20'h Street to 21'' Street". Activity shows OU!llll as end date. To date, activity is not complete. Activity Ll002: "Water 19'h Street to 20'h Street". Activity shows ll/18/lO as end date. To date, activity is not complete. \Vatermain tie-in at 20'h Street is pending. Activity Ll006: "Concrete l9'h Street to 20th Street". Activity shows 11/l7110 as end date. To date. activity is not complete. Bump-outs at Liberty Avenue & 20th Street is pending. Activity Ll007: "Concrete 20th Street to 11" Street". Activity shows 1212lll0 as end date To date. activity is not complete. Driveway south of 20'h Street is pending. 3 184 Activity Ll008: "Asphalt l9'h Street to 21'' Street". Activity shows 03/04/ll as end date. To date, activity is not complete. Trench restoration and installation of stormwater manhole covers are pending. Park A venue: Drainage Installation, activities P0900 to PI 00 1.5. does not include activity to address comments from Iamping report. Activity Pl002: "Water 19th Street to 20th Street". Activity shows 12/10/10 as end date. To date, activity is not complete. Trench restoration is pending. Activity P 1023: "As'-builts, testing, certification, connections". Activity shows 08/26/11 as end date. To date, activity is not complete. Certified as-built drawings are pending. Activity P 1004: "Read work zolh Street to 21st Street (east)". Activity shows 04/07/11 as end date. To date, activity is not complete. Trench restoration for stormwater is pending. Activity Pl006: "Concrete 20th Street to 21st Street". Activity shows 03129111 as end date. To date, activity is not complete. Bump-outs at Park Avenue & 20th Street is pending. Activity Pl008 & Pl008.5: ··Asphalt 191h Street to 21st Street first lift". Activity shows 06/03/ll as end date. To date, activity is not complete. Trench restoration is pending . .James A venue: Activity JlOOO: "Drainage l9'h Street to l8tlt Street". Activity shows 01/04/11 as end date. To date, activity is not complete. Manhole covers and completion of offset structures are pending. Activity 11001.12: "Lamping inspections''. Activity shows 09/14/l I as end date. To date, activity is not complete. Activity Jl015: ••As-builts, testing. certification, connections". Activity shows 10120/l I as end dace. To date, activity is not complete. Certified as-built drawings are pending and watermain bacteriological tests expired. Activity "Demo roadwork. curbpad, etc". Activities show 06/02/1 l as end date. To date, activity is not complete. Trench restoration is pending. Activity JI020: •·Landscaping & irrigation''. Activity shows 10/20/ll as end date. 'To date. activity is not complete. Activity ''Asphaltic paving first lift''. Activity shows 06/07/11 as end date. To date, activity is not complete. Trench restoration and asphalt corrective work is pending. Activity ··sewer... This is work for CMB PWD. A.:tivity shov.rs 03/25/ll as end dare. To date. activity is not complete. ~fanhole restoration. painting structures. and watertight gaskets are pending. 185 20th Street: Activity 20003.16: "As-builts, testing. certification, connections". Activity shows ll/10/ll as end date. Activity should show milestones such as flushing, chlorination, sample points, etc. Activity "Watermain construction". Activity shows 08/03/11 as end date. To date, activity is not complete. Trench restoration and installation of reinforced concrete slab are pending. Activity 20005.2: "Roadwork Park to Liberty". Activity shows 10112111 as start date. To date, activity has not started and the float time of29days is not captured on the schedule. Activity 20008: "Concrete Liberty to Collins"_ Activity shows 10/13/11 as end date. To date, activity is not complete. Sidewalk sections are missing. Activity "Concrete c1:1rbs & sidewalks". Activities are shown on the critical path and cannot be started until its predecessor activity is complete (i.e. Roadwork). C:\Userslobdlo\Documents\Chen1Proj.:cts\1•4iami Beach\City CenteriCC9A Schedule Review 10! ! -I 0-17 .doc:< 5 186 , . .. Attachment 4 . ·.-·'f·· ·-;:::·f··~ ... ~-- MlAMJ BEACH· ··;-..•" ;-·.'. ··~ ... ,. . . OFFICE OF THE CITY MANAGER . ' .... ' LTC#: 290-2011 I l._ __________ ) l")rc··FI\1'=0. hC. .-ilL..' LETTER TO cgft'ltrN~~ICRMi 1: 0 1 0 • • • • ~ ~tTY CLERK'S OFF ICE TO; ·Mayor Matti Herrera Bower and Members of.the City Commission FROM: DATE: SUBJECT: Jorge M. Gonzalez, City.'Manager ~ Novefl'\ber 14, 2011 · .u .. (__/ City Center 9A -New Contractor Commences. Construction Activities The ·purpose of .this. Letter to Commissiqn (LTC) is to inform you that the' office of Capital ~mprovement Projects recently terminated M. Vila and Associates, Jnc., for caus~ and hired Metro Express, Inc.-to complete the ,scope of work originally iriterided the City' Center'9A · Neighborhood . .The .sequence Qf evenls as it pertains·; to contractor termination aild. replacement occurred as follows: ' · • October 24, 2011 -· M. Vila and Assoc::iates was· terminated .for cause and asked to demobilize from the project limits. · · · · .. • O¢tober 26, 2011 -M. Vila arild Associates· demobilized and remov~d .all equipment --'from the-site--· · · · -· · -· -· · · · -· · .. - • Qctciber 27, · 2011 -Metro. Express began a clean-up effort t~roughout ihe project limits. · · . · · · . • . October .. 31; 2Ch1 ~Metro' Express officially.mobiiized to -complete·ttie City Center 9A · Improvements. · · The scope _of work to· be finished includes:. • Water Main Improvements • Drainage Improvements • Lighting Improvements .. • Landscaping ImprovementS::. • Roadway ImprovementS . • Hardscape Improvements .. . ···-~ .The immediate effort is to assist Metro Express fn expediting ~II ·work concemhigthe ·a'rea most us~d by Art Basel-James Avenue, 18: Street and 21 Street. This work consists.of pouring flags' of concrete to replace flags of asphalt on sidewalks currently .unfinished, completing bump outs to ensure the safe transit of pedestrians and correct lighting issues. The overall intent or push of'.the project is rectification -Metro· Express. will focus on specific tasks and work zones in qrder to~ :;r logistically ~complete" areas, critical to the advancement of the project. All work Is expected to be completed by Spring 201.2. The public involvement procE)ss of the project was maintained while the contractor was being· terminated. The Public Information Officer (PIC} that was hired by M. Vila·and Associates·was · · retarned by Metro Express, Inc. so that impacted stakeholders continue to receive project updates and alerts from the same source. Additionally, the City is coordinating a Construction . . ~ 187 .. ~ '· ··I ... ,.· /. . ..~. ' ... ~ .. · •• ! "' .... : .· .: . • ·;"':',i( •. ,. Letter to Commission,.... New Contractor Commences Construction Activities Ndvember 14, 2011 Page 2()f2 Update Meeting in order to. present Metro Express, Lnc. as the new contractor, explain what scope ofwork·has to be finalized, and provide a schedule update. . . If yo~ay~e y dditio~al questions, please feel free to contact me. \V·j .~ · JMG/DB/ /0 I H · · . . . '-· .- We are committed ·to providing excellent public service and safety to all who live. work, and ploy ir.· our •ibrant. tropical. historic community. 188 ~ 00 (Q T:IAGENDA\201212-B·12\Clly C1M110f ROW\CIIy Cootur ROW • Chun /lmtillld. No. 12 Attw;ttmenhl4-6 Attachment 5 SCHEDULEC CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE PROGRAM A-E CONSULTANT CONSULTANTS COMPENSATION FEE SCHEDULE CITY CENTER 9A SCH C rev 1/27/2012 Attachment 5 SCHEDULED SCOPE OF SERVICES Basis of Scope: The original contract for Bid Package 9A anticipated construction duration of 24 months. The original Tasks under Task 4 Construction Administration Services need to be replenished to cover the remaining time to complete the project. It is anticipated that the construction for Bid Package 9A will be complete in approximately 6 months. Task 4.3.1 -Requests for Information I Contract Document Clarification (RFis I CDCs): Consultant shall prepare a written response to RFis which involves the interpretation of design issues or design intent. In addition, the CONSULTANT may be requested by the City to prepare and forward CDCs should certain items within the contract documents require clarification. Task 4.6.1 -Field Observation Services: The Consultant shall provide specialty site visits by various design disciplines (civil, electrical, and landscaping) on an as requested basis for final acceptance or certification. Task 5.8.1.1 -Resident Proiect Representative Services BP9A: The CONSULTANT shall provide qualified, resident project representative to provide a quantity and quality of observation as required to reasonably verify that critical elements of the construction project are being complied with, and that the general intent of the contract documents is being met. In this effort, CONSULTANT's level of effort shall be based upon 957 hours of field representation. Should this level of effort be exceeded or decreased, an equitable adjustment shall be made accordingly. The CONSULTANT's field staff shall be on-site at all times when the Contractor is on the job, as practicable. In addition, the CONSULTANT's level of effort is based upon the assumption that the resident project representative shall monitor all Contractor work crews as specified by the CONSULTANT in the contract document construction sequencing requirements. In general, the CONSULTANT's resident project representative shall observe the construction of the work and; (a) CONSULTANT shall conduct on-site observations of the work in progress to determine if the contract documents and permit requirements are being complied with and to protect the CITY, through the CIP PROJECT COORDINATOR, against Contractor work defects and deficiencies. CONSULTANT shall advise the CITY, through the CIP PROJECT COORDINATOR, in writing, whenever work is determined to not conform to the contract documents. The CONSULTANT's observer shall attend all scheduled meeting with the Contractor. (b) Maintain a daily log of work performed. The daily notes shall include records of when the Contractor is on the job-site, weather conditions, change orders, or changed conditions, list of job site visitors, daily drilling and testing activities, observations in general, and specific observations in more detail as in the case of observing test procedures. Record, in writing, the outcome of these inspections. CONSULTANT shall identify any utilities damaged and verify that the Contractor ( s) has notified the respective utility owner. Page 1 of 3 190 (c) Verify that tests, equipment and systems start-up are conducted in the presence of appropriate personnel and that the Contractor maintains adequate records thereof; and observe, record, and report appropriate details relative to the test procedures and start-up. (d) Provide a photographic record of the construction, beginning with pre-construction documentation and completing with post-construction photographs. Photographs shall be digital snapshot type taken to define the progress of the project and shall be labeled as to date, location, view, electronically filed by month, and signed by the CONSULTANT. (e) Review materials and workmanship of the project and report to CITY, through the CIP PROJECT COORDINATOR, any deviations from the Contract Documents that may come to the CONSULTANT's attention. Determine the acceptability of the work and materials and make recommendations to CITY, through the CIP PROJECT COORDINATOR, to reject items not meeting the requirements of the contract documents. (f) Check Contractor(s) material certifications and samples, verifying that delivered materials match approved shop drawings. (g) Field observe critical· points in the construction process. (h) Direct and supervise the sampling and testing of materials to be performed by independent testing laboratories under subcontract to the CITY. This task includes the receipt, review and processing of invoices from the independent testing laboratories for payment by the CITY. (i) CONSULTANT shall verify and sign off on all pay requisition quantities in the field. CONSULT ANT shall develop a Field Measurement Form and utilize such form as verification of pay requisition items. In this effort the CONSULTANT shall advise the CIP PROJECT COORDINATOR of quantities being approved for concurrence. (j) Monitor that record drawing mark-ups are properly maintained by the Contractor, including progressive record drawings and rock as-builts. (k) The CONSULT ANT's resident project representative shall coordinate with its office staff as necessary to resolve I address all Requests for Information I Contract Document Clarifications I Field Orders, Change Orders and other such project related correspondence as may be forwarded by the Contractor, through the CIP PROJECT COORDINATOR. If Contractor's work schedule requires RPR to visit the site outside of normal work schedule, CONSULTANT will be entitled to an equitable adjustment accordingly, based on the hourly rates set in Schedule B. Deliverables -Provide resident project representation on the project. -Prepare Daily Construction Observation Forms. -Review and recommend payment for monthly contractor pay requests. -Process invoices for independent testing laboratories. -Provide photographic records. Page 2 of 3 191 -Prepare responses for RFI's and prepare Field Orders. -Conduct reviews and responses to Change Orders. -Prepare response for dispute resolutions. -Conduct reviews and recommendation for claims. Schedule -Ongoing throughout Project. C:\Users\obello\Documents\Proposals\20 11\Miami Beach\CC9A Additional Services\CC9A -Scope of Service Amendment 12.docx. Page 3 of 3 192 COMMISSION ITEM SUMMARY Condensed Title: Re-appointment of Abraham Laeser, Esquire, as Chief Special Master. Ke Intended Outcome Su orted: Increase resident satisfaction with level of code enforcement. Issue: Shall Abraham Laeser be re-appointed to serve as Chief Special Master for a term commencing on March 15, 2012, and endin on Se tember 14, 2012? Item Summary/Recommendation: The attached two Resolutions provide for the re-appointment by the City Commission of Abraham Laeser, Esquire, as Chief Special Master. One Resolution re-appoints Mr. Laeser as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the other Resolution re- appoints Mr. Laeser to hear appeals from citations and violations or denials, suspensions, and revocations of occupational licenses and certificates of use pursuant to Chapter 102 of the Miami Beach City Code. Mr. Laeser brings to the City of Miami Beach and the Special Master Program 36 years of experience as an Assistant State Attorney, where he served as Senior Trial Counsel until he retired in April2009. Mr. Laeser is a long time resident of Miami Beach and is active in the community. He served the City with distinction as a member of the Miami Beach Charter Review Committee. The Administration recommends approving the Resolutions. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: islative Trackin Si n-Offs: Department Director Assistant City Manager T:\AGENDA\2012\2-8-12\Abraham Laeser Item Summary.doc MIAMI BEACH 193 Account Approved City Manager AGENDA IT&M _C_7_G-__ DAT& 2.->J-IL C9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jose Smith, City Attor DATE: FEBRUARY 8, 2012 SUBJECT: RE-APPOINTMENT OF CHIEF SPECIAL MASTER 1. A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY OF MIAMI BEACH, CONCERNING THE RE-APPOINTMENT OF ABRAHAM LAESER, ESQUIRE, TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON MARCH 15, 2012, AND ENDING ON SEPTEMBER 14, 2012; PROVIDED FURTHER THAT CHIEF SPECIAL MASTER LAESER SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY AND COUNTY CODES AND ORDINANCES, AND SHALL ALSO BE AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS; AND FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT LIMITATION, SECTIONS 30-37 AND 30-38 THEREOF, CONCERNING THE COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER 2. A RESOLUTION APPROVING AND RE-APPOINTING, PURSUANT TO SECTION 102-356 OF THE CITY CODE, ABRAHAM LAESER ESQUIRE, (CHIEF SPECIAL MASTER RE- APPOINTED PURSUANT TO RESOLUTION NO. , AS THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102- 356 OF THE CITY CODE; SAID DESIGNATION COMMENCING WITH MR. LAESER'S TERM AS CHIEF SPECIAL MASTER ON MARCH 15,2012, AND ENDING ON SEPTEMBER 14,2012. ADMINISTRATION RECOMMENDATION Adopt the Resolutions. 194 ANALYSIS The attached two Resolutions provide for the re-appointment by the City Commission of Abraham Laeser, Esquire. One Resolution re-appoints Mr. Laeser as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the other Resolution re-appoints Mr. Laeser to hear appeals from citations and violations or denials, suspensions, and revocations of occupational licenses and certificates of use pursuant to Chapter 1 02 of the Miami Beach City Code. Language has been added to one of the Resolutions prohibiting the Chief Special Master and each Special Master from engaging in practice where he/she represents a client in a manner adverse to the interests of the City of Miami Beach, and from lobbying the City during his/her service with the City. Mr. Laeser brings to the City of Miami Beach and the Special Master Program 36 years of experience as an Assistant State Attorney, where he served as Senior Trial Counsel until he retired in April 2009. Mr. Laeser is a long time resident of Miami Beach and is active in the community. He served the City with distinction as a member of the Miami Beach Charter Review Committee. In 1999 he received the William S. Scurr Award for career dedication to prosecution. In 1996 he received the Eugene Berry Award for Exemplary Career Service, and in 1996 and 2003 he received the Distinguished Faculty Award. Since 1997, Mr. Laeser has been an Adjunct Professor in Trial Advocacy at the University of Miami. Mr. Laeser has the knowledge, demeanor, skills and abilities, to perform as Chief Special Master. He will to serve this City with honor and distinction, and his appointment will best serve the interests of the City. As such, the subject Resolutions should be adopted. JMG/REP/LRM/Im T:\AGENDA\2012\2-8-12\Abe Laeser Re-Appointment Memo.doc 195 RESOLUTION NO.------- A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY OF MIAMI BEACH, CONCERNING THE RE-APPOINTMENT OF ABRAHAM LAESER, ESQIDRE, TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON MARCH 15, 2012, AND ENDING ON SEPTEMBER 14, 2012; PROVIDED FURTHER THAT CHIEF SPECIAL MASTER LAESER SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL PENAL TIES AGAINST VIOLATORS OF THE CITY AND COUNTY CODES AND ORDINANCES, AND SHALL ALSO BE AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS; AND FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT LIMITATION, SECTIONS 30-37 AND 30-38 THEREOF, CONCERNING THE COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER WHEREAS, Section 30-2 of the Code of the City of Miami Beach provides for an alternative code enforcement system wherein Special Masters are authorized to hold hearings and impose fines, liens and other non-criminal penalties against violators of City and County Codes and Ordinances; and WHEREAS, Section 30-36 of the City Code, entitled "Appointment of Chief Special Master," provides for the appointment of a Chief Special Master to fulfill the above referenced duties; and WHEREAS, pursuant to Section 30-36 of the City Code, appointment of the Chief Special Master is established upon the City Commission's acceptance, by a majority vote, of the recommendation for appointment by the City Manager; and WHEREAS, the City Manager hereby recommends re-appointment of Abraham Laeser, Esquire, as Chief Special Master for the City of Miami Beach, for a term commencing on March 15,2012, and ending on September 14, 2012; and WHEREAS, all other matters set forth within Chapter 30 of the City Code, including, without limitation, Sections 30-37 and 30-38 regarding compensation and duties of the Chief Special Master, shall continue to apply and remain in full force and effect; and WHEREAS, the Chief Special Master and each Special Master, shall be prohibited from engaging in practice where he/she represents a client in a manner adverse to the interests of the 196 City of Miami Beach, and shall further be prohibited from lobbying the City during his/her service with the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Section 30-36 of the Code of the City of Miami Beach, concerning the re-appointment of Abraham Laeser, Esquire, to serve as Chief Special Master, for a term commencing on March 15, 2012, and ending on September 14, 2012; provided further that, as Chief Special Master, Mr. Laeser shall be authorized to hold hearings and impose fines, liens and other non-criminal penalties against violators of City and County Codes and Ordinances, and shall also be authorized to appoint such other Special Masters as may reasonably be required to conduct the subject hearings; and further incorporating all other matters set forth within Chapter 30 of the City Code including, without limitation, Sections 30-37 and 30-38 thereof, concerning the compensation of the Chief Special Master. PASSED and ADOPTED this 8th day ofFebruary, 2012. ATTEST: CITY CLERK Robert Parcher T:\AGENDA\2012\2·8·12\Abe Laeser Reappointment Chapter 30.doc 197 MAYOR Matti Herrera Bower APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION RESOLUTION NO.------- A RESOLUTION APPROVING AND RE-APPOINTING, PURSUANT TO SECTION 102-356 OF THE CITY CODE, ABRAHAM LAESER ESQUIRE, (CHIEF SPECIAL MASTER RE- APPOINTED PURSUANT TO RESOLUTION NO. ___ _ AS THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102- 356 OF THE CITY CODE; SAID DESIGNATION COMMENCING WITH MR. LAESER'S TERM AS CHIEF SPECIAL MASTER ON MARCH 15, 2012, AND ENDING ON SEPTEMBER 14, 2012. WHEREAS, pursuant to the Section 30-36 of the Code of the City of Miami Beach, upon prior recommendation of the City Manager, the City Commission, by a majority vote, may appoint a Chief Special Master, who shall be authorized to hold hearings and impose fines, liens, and other non-criminal penalties against violations of City Ordinances; and WHEREAS, at its regular meeting on February 8, 2012, the Mayor and City Commission adopted Resolution No. , re-appointing Abraham Laeser, Esquire, as Chief Special Master, for a term commencing on March 15,2012, and ending on September 14, 2012; and WHEREAS, pursuant to Section 102-356, the City Manager may also approve a "designee," who shall be authorized to hear appeals from citations for violations of City and County Codes and Ordinances and to conduct hearings regarding denials, suspensions and revocations of occupational licenses, certificates of use and permits, as provided by the City Code, and who shall also be authorized to appoint such other Special Masters as may reasonably be required to conduct such hearings pursuant to City Ordinances; and WHEREAS, accordingly, the City Manager hereby recommends Abraham Laeser, Esquire, to serve as the City Manager's "designee," for a six (6) month term commencing on March 15,2012, and ending on September 14, 2012; and WHEREAS, the Chief Special Master (including, as in the instant Resolution, where the Chief Special Master is acting in his capacity as the City Manager's "designee" under Section 102-356 of the City Code), shall be prohibited from engaging in practice where he/she represents a client in a manner adverse to the interests of the City of Miami Beach, and shall further be prohibited from lobbying the City during his/her service with the City. 198 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and re-appoint, pursuant to Section 102- 356 of the City Code, Abraham Laeser, Esquire, (Chief Special Master appointed pursuant to Resolution No. , as the City Manager's "designee" under Section 102-356 of the City Code; said designation commencing with Mr. Laeser's term as Chief Special Master on March 15, 2012, and ending on September 14, 2012. PASSED and ADOPTED this gth day of February, 2012. ATTEST: CITY CLERK Robert Parcher T:\AGENDA \20 12\2-8-12\Abe Laeser Reappointment Chapter 1 02.doc 199 MAYOR Matti Herrera Bower APPROVED AS TO FORM & LANGUAGE & FOR ECUTION 1J2~ }u- oate THIS PAGE INTENTIONALLY LEFT BLANK 200 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Electing Commissioner Jerry Libbin, Group I, As Vice-Mayor For A Term Commencing On March 1, 2012, And Terminating On June 30, 2012, Or On Such Date When A New Vice-Mayor Is Thereafter Elected. Key Intended Outcome Supported: N/A. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the City Commission Elect Commissioner Jerry Libbin as Vice-Mayor? Item Summary/Recommendation: The City Commission has established a policy of rotating the position of Vice-Mayor every four (4) months. Since 1994, the rotation has been by Commission Group numbers in the following sequence, Group I, II, Ill, IV, V, and VI. Based on this direction, the next Vice-Mayor Group is Group I. The term for the next Vice-Mayor is March 1, 2012 and terminating on June 30, 2012. Commissioner Jerry Libbin (Group I) is next in the rotation to serve as Vice-Mayor. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Robert E. Parcher, City Clerk Si n-Offs: Department Director Assistant City Manager T:\AGENDA\2012\2-8-12\vice-mayor-SUM.doc MIAMI BEACH 201 Account Approved City Manager AGENDA ITEM _C._l_H __ DATE 2 -f{-/ L ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager (\ ____/ February 8, 2012 U-() A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ELECTING COMMISSIONER JERRY LIBBIN, GROUP I, AS VICE-MAYOR FOR A TERM COMMENCING ON MARCH 1, 2012, AND TERMINATING ON JUNE 30, 2012, OR ON SUCH DATE WHEN A NEW VICE-MAYOR IS THEREAFTER ELECTED. ANALYSIS The City Commission has established a policy of rotating the position of Vice-Mayor every four (4) months. Since 1994, the rotation has been by Commission Group number in the following sequence, Group I, II, Ill, IV, V, and VI. Based on this direction, the next Vice-Mayor Group is Group I. The term for the next Vice- Mayor is March 1, 2012 through June 30, 2012. Commissioner Jerry Libbin (Group I) is next in the rotation to serve as Vice-Mayor. JMG/REP T:\AGENDA \2012\2-8-12\vice-mayor.cm.doc 202 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ELECTING COMMISSIONER JERRY LIBBIN, GROUP I, AS VICE-MAYOR FOR A TERM COMMENCING ON MARCH 1, 2012, AND TERMINATING ON JUNE 30, 2012, OR ON SUCH DATE WHEN A NEW VICE-MAYOR IS THEREAFTERELECTE~ WHEREAS, the Mayor and City Commission established a policy of rotating the position of Vice-Mayor every four months; and WHEREAS, for the term commencing on March 1, 2012, and terminating on June 30, 2012, the Mayor and City Commission herein elect Commissioner Jerry Libbin as Vice-Mayor. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that Commissioner Jerry Libbin is hereby elected as Vice-Mayor of the City of Miami Beach, Florida, for a term commencing on March 1, 2012, and terminating on June 30, 2012, or on such date when a new Vice Mayor is thereafter elected. PASSED and ADOPTED THIS 81h day of February, 2012. ATTEST: ROBERT PARCHER, CITY CLERK T:\AGENDA\2012\2-8-12\vice-mayor-RES.doc MATTI HERRERA BOWER, MAYOR 203 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ELECTING COMMISSIONER JERRY LIBBIN, GROUP I, AS VICE-MAYOR FOR A TERM COMMENCING ON MARCH 1, 2012, AND TERMINATING ON JUNE 30, 2012, OR ON SUCH DATE WHEN A NEW VICE-MAYOR IS THEREAFTER ELECTED. WHEREAS, the Mayor and City Commission established a policy of rotating the position of Vice-Mayor every four months; and WHEREAS, for the term commencing on March 1, 2012, and terminating on June 30, 2012, the Mayor and City Commission herein elect Commissioner Jerry Lib bin as Vice-Mayor. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that Commissioner Jerry Libbin is hereby elected as Vice-Mayor of the City of Miami Beach, Florida, for a term commencing on March 1, 2012, and terminating on June 30, 2012, or on such date when a new Vice Mayor is thereafter elected. PASSED and ADOPTED THIS 8th day of February, 2012. ATTEST: ROBERT PARCHER, CITY CLERK T:\AGENDA\2012\2-8-12\vice-mayor-RES.doc 204 MATTI HERRERA BOWER, MAYOR COMMISSION ITEM SUMMARY Condensed Title: Key Intended Outcome Supported: Designation and retention of historically significant properties. Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Survey, all respondents were asked to indicate if they felt the effort put forth by the City of Miami Beach on historic preservation was oo little, too much or about the right amount. 77.1% of respondents reported that the effort put forth by the City of Miami Beach on historic preservation is "about the right amount." Issue: The Administration is requesting that the Mayor and City Commission consider the proposed resolution, which would approve a Preconstruction Application for Historic Ad Valorem Tax Exemption for a single- family property located at 5240 North Bay Road. Item Summary/Recommendation: The Administration recommends approval of the resolution. Advisory Board Recommendation: On June 14, 2011, the City's Historic Preservation Board held a public hearing and voted to approve the individual designation of the single-family residence at 5240 North Bay Road as an historic structure; and At the same public hearing, the Historic Preservation Board reviewed and approved the proposed improvements to the subject single-family property and granted a Certificate of Appropriateness, subject to certain conditions indicated in the Final Order of the Board On November 8, 2011, the Historic Preservation Board held a public hearing and voted in favor of recommending that the Mayor and City Commission approve a Preconstruction Application for Historic Ad Valorem Tax Exemption for qualifying improvements to the historically designated single-family property at 5240 North Bay Road. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin : William H. Cary, Assistant Planning Director; Debbie Tackett, Senior Planner. MlAMIBEACH 205 AGENDA ITEM _e__· 1----=:I:-_ DATE Z.-1{-J{_ ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager ()\ ~ February 8, 2012 U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A PRECONSTRUCTION APPLICATION FOR HISTORIC AD VALOREM TAX EXEMPTION FOR A SINGLE-FAMILY PROPERTY AT 5240 NORTH BAY ROAD, AND AUTHORIZING THE MIAMI-DADE COUNTY PROPERTY APPRAISER'S OFFICE TO GRANT THIS TAX EXEMPTION FOR THE CITY'S PORTION OF AD VALOREM PROPERTY TAXES FOR QUALIFYING IMPROVEMENTS TO THE SUBJECT PROPERTY FOLLOWING SUBSTANTIAL COMPLETION OF THE PROJECT AND COMPLIANCE WITH CERTAIN CONDITIONS. ADMINISTRATION RECOMMENDATION The Administration is requesting that the Mayor and City Commission adopt the proposed resolution, thereby approving a Preconstruction Application for Historic Ad Valorem Tax Exemption for a single-family property located at 5240 North Bay Road. HISTORIC SINGLE-FAMILY AD VALOREM TAX EXEMPTION On December 8, 2004, the City of Miami Beach enacted legislation that authorizes an exemption for its portion of ad valorem taxes for improvements to historically designated single-family homes (Sections 118-600 to 118-612 of the Miami Beach City Code). This legislation allows for the City's portion of property taxes to be "frozen" at the rate they were assessed before qualifying improvements are made to an historic single-family home for a period of ten ( 1 0) years. The "freezing" is accomplished by removing from the assessment the incremental value added by the qualifying improvements. Only the incremental value of the qualifying improvements shall be "frozen" for the ten year period. Qualifying improvements are the result of restoration, renovation, rehabilitation and/or compatible additions to an historic single-family property. In order for an improvement to qualify for an exemption, the improvement must be determined by the Historic Preservation Board and City Commission to be consistent with the Secretary of the Interior's Standards for Rehabilitation and the Certificate of Appropriateness Criteria in Section 118-564 of the Miami Beach City Code. However, the Miami-Dade County 206 Commission Memorandum of February 8, 2012 Historic Single-Family Ad Valorem Tax Exemption 5240 North Bay Road Page2of5 Property Appraiser's Office will make the final determination of whether an improvement qualifies for an exemption. The application for Historic Ad Valorem Tax Exemption is a two step process. The "Part 1 -Preconstruction Application" is normally submitted to the Planning Department prior to any construction or demolition for an eligible single-family property. The "Part 2 - Review of Completed Work" is submitted to the Planning Department upon substantial completion of the project. Upon submittal of a completed Part 1 -Preconstruction Application, the Planning Department will schedule the request for approval of Historic Ad Valorem Tax Exemption from the Historic Preservation Board at their next regularly scheduled meeting. The Board will review and make a recommendation to the City Commission to grant or deny an application for tax exemption. The Planning Department will transmit the request for approval of Historic Ad Valorem Tax Exemption, together with the Part 1 -Preconstruction Application and the recommendations of the Historic Preservation Board and staff, for final consideration by the City Commission at a regularly scheduled meeting. A majority vote of the City Commission is required to approve an application for tax exemption. For final approval of an Historic Ad Valorem Tax Exemption, the applicant must submit to the Planning Department the Part 2 -Review of Completed Work upon substantial completion of the project. A review will be conducted by Planning Department staff to determine whether or not the completed improvements are in compliance with the work approved by the City Commission in the Part 1 -Preconstruction Application. To qualify for a tax exemption, the property owner is required to enter into a covenant or agreement with the City guaranteeing that the character of the property and its qualifying improvements will be maintained during the period that the exemption is granted. LEGAL DESCRIPTION Lot 17 in Block 14 of La Gorce Golf Subdivision, according to the Plat thereof, as recorded in Plat Book 14 at Page 43 of the Public Records of Miami-Dade County, Florida. EXISTING STRUCTURE The one-story residence was designed by prominent Mid Century architect Maurice Weintraub in the Post War Modern style of architecture in 1958. The building's exterior retains nearly all of its original features, details and materials, as evident upon examination of the original plans provided by the current owner. The front fac;ade has an overall generally symmetrical design with a strong horizontal emphasis. It is composed of a monumental open-air entry vestibule with soaring front facing gable roof spanning the entire width of the structure. The windows within the entry feature are designed to follow the angle of the roof. Other features on the front fac;ade include a projecting frame surrounding the large window at the southern portion, scored stucco, the use of field stone on either side of the entry feature, overhanging eaves, and a low wall made of pink rough cut Georgia marble and decorative breeze block. This use of mixed textured surfaces together was typical of the Post War Modern style of architecture. The original garage structure remains intact at the north side of the front 207 Commission Memorandum of February 8, 2012 Historic Single-Family Ad Valorem Tax Exemption 5240 North Bay Road Page3of5 (east) elevation and is clad in pink rough cut Georgia marble with a large decorative breezeblock panel at the center. The garage consists of a flat built up gravel roof with 3'-0" overhangs which intersect the main structure a precise points. The rear portion of the house is covered with a flat, built up roof. The rear (western) elevation was designed to take advantage of the magnificent views of Biscayne Bay. Generally symmetrical, the rear elevation is composed of three bays of clear, mullion free, sliding glass doors. A swimming pool was also constructed within the rear yard at the time of construction. BACKGROUND At its June 14, 2011 meeting, the Historic Preservation Board approved a request by the owner for the individual designation of the single-family property at 5240 North Bay Road as an historic structure. At the same meeting, the Historic Preservation Board reviewed and approved a request for a Certificate of Appropriateness for the partial demolition, renovation and restoration of the existing home and the construction of a new addition. At its November 8, 2011 meeting, the Historic Preservation Board held a public hearing and voted in favor of recommending that the Mayor and City Commission approve a Preconstruction Application for Historic Ad Valorem Tax Exemption for qualifying improvements to the historically designated single-family property at 5240 North Bay Road. SCOPE OF PROJECT The applicant is requesting City Commission approval of an application for Historic Ad Valorem Tax Exemption for the single-family property at 5240 North Bay Road. In brief, the project includes the improvements to the historic residence and site indicated below. A. Exterior Architectural Features 1. The existing original breeze block panel located on the garage will be retained and restored. 2. The existing deteriorated wood framing at the east (front) elevation will be replaced with pressure treated wood to match original and painted to match original. 3. The existing delaminated stucco, which is currently causing water intrusion, will be replaced with new smooth stucco, consistent with the original design. 4. A two-story rear addition that maintains the East (front) elevation in its entirety, except for changing a window to a sliding glass door, and the building footprint. Starting approximately 20 feet west of the front of the house, the existing one story structure will be substantially removed to allow for a new two story addition. Portions of the South and North walls will be maintained as well as the floor structure. The proposed new square footage is as follows: 208 Commission Memorandum of February 8, 2012 Historic Single-Family Ad Valorem Tax Exemption 5240 North Bay Road Page4of5 a. Ground floor-5,076 square feet, which includes a new entry loggia, living area, garage, staff room, dining room, kitchen, bedroom, media room, guest bedroom, and covered patio. b. Second floor-2,756 square feet, which includes a new master bedroom and bathroom, two bedrooms, exercise room and exterior balconies. 5. The existing house will be brought into compliance with current building codes. All exterior doors and windows will be replaced with impact rated doors and windows and all roofing will be new with the exception of the one story flat roof over the garage which is in good condition. All Mechanical, Electrical and Plumbing systems will be replaced with new code compliant systems. FISCAL IMPACT According to the applicant, the estimated cost of the entire project and the value of the proposed qualifying improvements for the subject single-family property is $57 4,025.00. The project commencement date is scheduled for November 15, 2011 and the estimated project completion date is December 15, 2012. Please note that the revenue implication calculation provided below is a rough approximation. It assumes that the Miami-Dade County Property Appraiser's Office will not reduce the actual square footage of the additions to adjusted square footage. It assumes that the City's millage rate, the building market value, as well as the building class and grade value will remain the same. It is also based solely on the estimated value of the new additions and not to any repairs to the historic residence. The Miami-Dade County Property Appraiser's Office determined in 2011 that the subject property has an adjusted square footage of 4,915 and a building value of $593,207. The lot size is approximately 13,456 square feet with a land value of $1,905,853. The Property Appraiser's Office advised that the subject property has an effective building value per adjusted square foot of $121 which is based upon its building class and grade. According to the applicant, approximately 4,000 square feet of the existing structure will be demolished and replaced with approximately 7,832 square footage of qualifying building additions for the site. Then the estimated value of the proposed increase in qualifying square footage only, would be $463,672. This figure does not include any other qualifying improvements that the County Tax Appraiser may determine to add value to the property. The County Tax Appraiser may determine certain improvements to the existing structure to be maintenance and therefore not adding building value to the property. In FY 2010/11, the adopted millage rate for the City of Miami Beach is 6.2155. For the sole purpose of providing an estimated savings to the property owner (based on solely on the square footage of qualifying additions), we will assume there will be no change in millage rate over the ten year period in which the exemption is granted. When using the estimated 6.2155 millage rate for FY 20010/11, the applicant will save annually approximately $2,882 from Miami Beach's portion of property taxes. Again, this 209 Commission Memorandum of February 8, 2012 Historic Single-Family Ad Valorem Tax Exemption 5240 North Bay Road Page 5 of5 calculation is a rough estimate of the revenue implication to the City due to many variables. Since the City of Miami Beach enacted legislation that authorizes an exemption for its portion of ad valorem taxes for improvements to historically designated single-family homes on December 8, 2004, a total of sixteen (16) historic single family home owners have applied for the exemption. As of the date of this memo, a total of five (5) applications have been finalized and processed by the Miami-Dade County Tax Appraiser for a total yearly exemption of $31 ,398 from the city's portion of the taxes (this number is based on the 2010/2011 millage rate). ANALYISIS The applicant is to be greatly commended for the retention and sensitive restoration of the subject home. In accordance with Section 118-604 of the Miami Beach City Code, an eligible single-family property must file a written application for Historic Ad Valorem Tax Exemption with the Planning Department prior to any construction or demolition. The tax exemption ordinance was adopted by the City Commission on December 8, 2004. The subject single-family property was determined to be an Historic Structure by the Historic Preservation Board on June 14, 2011. Thereby, the subject single-family property is eligible to apply for an Historic Ad Valorem Tax Exemption. RECOMMENDATION In view of the foregoing analysis, and consistency with the Secretary of the Interior's Standards for Rehabilitation and the Certificate of Appropriateness Criteria in Section 118-564 of the Miami Beach City Code, staff recommends in favor of the application for Miami Beach Historic Ad Valorem Tax Exemption for the single-family residence at 5240 North Bay Road. RR. ~ JMG:JGG:RGL:WHC:DJT T:IAGENDA\201212-8-1215240 North Bay Road_ Tax Exemp_Memo.doc 210 RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A PRECONSTRUCTION APPLICATION FOR HISTORIC AD VALOREM TAX EXEMPTION FOR A SINGLE-FAMILY PROPERTY AT 5240 NORTH BAY ROAD, AND AUTHORIZING THE MIAMI-DADE COUNTY PROPERTY APPRAISER'S OFFICE TO GRANT THIS TAX EXEMPTION FOR THE CITY'S PORTION OF AD VALOREM PROPERTY TAXES FOR QUALIFYING IMPROVEMENTS TO THE SUBJECT PROPERTY FOLLOWING SUBSTANTIAL COMPLETION OF THE PROJECT AND COMPLIANCE WITH CERTAIN CONDITIONS. WHEREAS, the Mayor and City Commission have deemed it in the best interest and welfare of the City of Miami Beach ("City") to provide financial incentives for the retention and rehabilitation of architecturally and historically significant single-family homes in Miami Beach; and WHEREAS, on December 8, 2004, the Miami Beach City Commission adopted Ordinance No. 2004-3469 that authorizes an exemption for the City's portion of ad valorem taxes if qualifying improvements are made to historically designated single-family homes; and WHEREAS, Ivan Schneider, the owner of real property located at 5240 North Bay Road (Lot 17 in Block 14 of La Gorce Golf Subdivision, according to the Plat thereof, as recorded in Plat Book 14 at Page 43 of the Public Records of Miami-Dade County, Florida), submitted requests to the City's Planning Department for the following: a) designation of the property as an historic structure, b) a Certificate of Appropriateness, and c) an Historic Ad Valorem Tax Exemption for the subject property; and WHEREAS, on June 16, 2011, the City's Historic Preservation Board held a public hearing and voted unanimously (7 to 0) to approve the individual designation of the single-family residence at 5240 North Bay Road as an historic structure [Exhibit "A"]; and WHEREAS, at the same public hearing, the Historic Preservation Board reviewed and approved the proposed improvements to the subject single-family property and granted a Certificate of Appropriateness, subject to certain conditions indicated in the Final Order of the Board [Exhibit "B"]; and WHEREAS, on November 8, 2011, the Historic Preservation Board held a public hearing and voted in favor of recommending that the Mayor and City Commission approve a Preconstruction Application for Historic Ad Valorem Tax Exemption for qualifying improvements to the historically designated single-family property at 5240 North Bay Road [Exhibit "C"]; and WHEREAS, the Historic Preservation Board has certified that the subject single-family property for which an exemption is requested is eligible and satisfies Section 118-602(a) of the Miami Beach City Code; and 211 WHEREAS, the Historic Preservation Board has determined that the proposed improvements to the subject single-family property are consistent with the Secretary of the Interior's Standards for Rehabilitation and the Certificate of Appropriateness criteria in Section 118-564 of the Miami Beach City Code, in accordance with Section 118-602(b ); and WHEREAS, the City's Planning Department has recommended that this request for a tax exemption for the subject single-family property be granted, subject to all of the conditions set forth herein and the Historic Preservation Board Order [Exhibit "B"]. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a Preconstruction Application for Historic Ad Valorem Tax Exemption for the subject single-family property at 4431 Alton Road be approved, subject to the conditions of the Historic Preservation Board Order (Exhibit "B") and the following conditions: 1. Scope of Tax Exemption. The exemption shall apply to one hundred (1 00) percent of the assessed value of all qualifying improvements to the single-family property that result from restoration, renovation, rehabilitation, and/or compatible additions. The exemption applies only to taxes levied by the City. The exemption does not apply to taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to the Miami Beach City Code or the Florida Constitution. The exemption does not apply to personal property or to properties located within a community redevelopment area. The Miami-Dade County Property Appraiser's Office will make the final determination of whether an improvement qualifies for an exemption. 2. Approved Qualifying Improvements. The qualifying improvements to the subject single- family property delineated below are considered to be eligible for the tax exemption, as submitted to and approved by the City's Historic Preservation Board. a. The existing original breeze block panel located on the garage will be retained and restored. b. The existing deteriorated wood framing at the east (front) elevation will be replaced with pressure treated wood to match original and painted to match original. c. The existing delaminated stucco, which is currently causing water intrusion, will be replaced with new smooth stucco, consistent with the original design. d. A two-story rear addition that maintains the East (front) elevation in its entirety, except for changing a window to a sliding glass door, and the building footprint. Starting approximately 20 feet west of the front of the house, the existing one story structure will be substantially removed to allow for a new two story addition. Portions of the South and North walls will be maintained as well as the floor structure. The proposed new square footage is as follows: i. Ground floor-5,076 square feet, which includes a new entry loggia, living area, garage, staff room, dining room, kitchen, bedroom, media room, guest bedroom, and covered patio. ii. Second floor-2, 756 square feet, which includes a new master bedroom and bathroom, two bedrooms, exercise room and exterior balconies. 2 212 -:-1 e. The existing house will be brought into compliance with current building codes. All exterior doors and windows will be replaced with impact rated doors and windows and all roofing with be new with the exception of the one story flat roof over the garage which is in good condition. All Mechanical, Electrical and Plumbing systems will be replaced with new code compliant systems. 3. Duration of Tax Exemption. The exemption shall take effect on the January 1st following substantial completion of the improvements. The exemption shall remain in effect for ten (1 0) years. The duration of ten (1 0) years shall continue regardless of any change in the authority of the City to grant such exemptions or any changes in ownership of the property. 4. Required Covenant. The property owner shall enter into a covenant with the City for the term for which the exemption is granted. The covenant shall be form approved by the City Attorney and shall require that the character of the property, and the qualifying improvements to the property, be maintained during the period that the exemption is granted. Before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Miami-Dade County, Florida. The covenant shall be binding on the current property owner, transferees, and their heirs, successors, and assigns. Violation of the covenant shall result in the property owner being required to pay the differences between the total amount of taxes which would have been due in March in each of the previous years in which the covenant was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in F.S. § 212.12(3). 5. Building Permit Plans and Construction. Building permit plans must accurately reflect all improvements approved by the Historic Preservation Board and City Commission in the Preconstruction Application and architectural drawings for the single-family property. All work on site must be in accordance with the building permit plans. 6. Amendments. All proposed amendments to the approved application and permit plans must be reviewed and approved prior to the completion of the improvements. Minor amendments to permit plans may be approved by the Planning Department provided such amendments are consistent with the Secretary of the Interior's Standards for Rehabilitation and the Certificate of Appropriateness criteria in Section 118-564 of the Miami Beach City Code. Major amendments to the approved plans must be reviewed and approved by the Historic Preservation Board. 7. Completion of Work. An application must complete all work within 30 months following the date of approval by the city commission. An approval for ad valorem tax exemption shall expire if the building permit for the approved work is not issued within the timeframes specified under the corresponding certificate of appropriateness, or if a full building permit issued for the approved work should expire or become null and void, for any reason. The approval for ad valorem tax exemption shall be suspended if such permit is issued but the property owner has not submitted a final request for review of completed work within 30 months following the date of approval by the city commission. The Historic Preservation Board, for good cause shown, may extend the time for completion of a substantial improvement for a period not to exceed two years from the completion date in the original approval by the city commission, or such lesser time as may be prescribed by the board. 3 213 8. Review of Completed Work. The applicant shall submit a request for Review of Completed Work to the Planning Department no less than 30 calendar days prior to the effective date of expiration of approval by the City Commission, as may be extended by the Historic Preservation Board. The Planning Department shall conduct a review to determine whether or not the completed improvements are in compliance with the work approved by the City Commission, including any approved amendments. If the Planning Department determines that the work is in compliance, the final request for Review of Completed Work shall be approved and issued in writing to the applicant. If the Planning Department determines that the work as completed is not in compliance, the applicant will be advised in writing that the final request for Review of Completed Work has been denied. A written summary of the reasons for the determination will be provided, including recommendations concerning the changes to the proposed work necessary to bring it into compliance. The applicant may file an appeal of the decision of the Planning Department within 15 days of such decision. The appeal shall be in writing and shall be to the Historic Preservation Board and shall set forth the factual and legal bases for the appeal. 9. Notice of Approval to the Property Appraiser. Upon the receipt of a certified copy of the recorded restrictive covenant, the Planning Department shall transmit a copy of the approved request for Review of Completed Work, the exemption covenant, and the resolution of the City Commission approving the final application and authorizing the tax exemption to the Miami-Dade County Property Appraiser's Office. Final verification of substantial completion of the improvements shall be determined by the Miami-Dade County Property Appraiser's Office. If final verification of substantial completion and approval are given by the Miami-Dade County Property Appraiser's Office, the exemption shall take effect on the January 151 following substantial completion of the improvements. PASSED and ADOPTED this _____ day of---------' 2012. MAYOR ATTEST: CITY CLERK T:\AGENDA\2012\2-8-12\5240 North Bay Road_SF Ad Valorem Tax Exemption_Reso.doc 4 214 SINGLE-FAMILY RESIDENCE 5240 North Bay Road HISTORIC STRUCTURE DESIGNATION REPORT PREPARED BY EXHIBIT "A" CITY OF MIAMI BEACH PLANNING DEPARTMENT DESIGN, PRESERVATION & NEIGHBORHOOD PLANNING DIVISION Richard G. Lorber, AICP, LEED AP, Acting Director, Planning Department William H. Cary, Assistant Planning Director Thomas R. Mooney, AICP, Design and Preservation Manager Debbie Tackett, Senior Planner CITY OF MIAMI BEACH HISTORIC PRESERVATION BOARD Herb Sosa, Chair Henry Lares Jo Manning Norberta Rosenstein David Wieder Jane Gross Dominique Bailleul June 14,2011 Adopted on June 14,2011 (HPB File No. 7254) 215 EXHIBIT"A" I. REQUEST The applicant, Ivan Schneider, is requesting that the Historic Preservation Board approve a request for the designation of an existing single-family home as an historic structure. II. DESIGNATION PROCESS The process of designation for historic structures is delineated in Section 118-591 (f) in the Land Development Regulations of the City Code. An outline of this process is provided below: Step One: An application for the individual designation of a single-family home as an historic structure is submitted by the property owner to the Planning Department for recommendation to the Historic Preservation Board. The Board will make a determination as to whether the single-family home may be designated as an historic structure based upon the requirements and criteria of Section 118-592 in the Land Development Regulations of the City Code. Step Two: Upon receipt of a completed application package, the Planning Department prepares a Designation Report that will be presented to the Historic Preservation Board at a regularly scheduled meeting. The Designation Report is an historical and architectural analysis of the proposed historic structure. Step Three: The Designation Report is presented to the Historic Preservation Board at a public hearing. If the Board finds that the proposed single-family designation application meets the criteria set forth in Section 118-592 of the Land Development Regulations in the City Code, it may formally adopt the single-family home as a local historic structure. No public hearing is required before the Planning Board or City Commission. Upon the designation of a single-family home as an historic structure, the structure is subject to the Certificate of Appropriateness requirements of Article X of the Land Development Regulations in the City Code, with the exception of the interior areas of the structure (which are not be subject to such regulations). Ill. RELATION TO ORDINANCE CRITERIA 1. In accordance with Section 118-592 in the Land Development Regulations of the City Code, eligibility for designation is determined on the basis of compliance with the listed criteria set forth below. (a) The Historic Preservation Board shall have the authority to recommend that properties be designated as historic buildings, historic structures, historic improvements, historic landscape features, historic interiors (architecturally significant public portions only), historic sites or historic districts if they are significant in the historical, architectural, cultural, aesthetic or archeological heritage of the city, the county, state or nation. Such properties shall possess an integrity of location, design, setting, materials, workmanship, feeling or association and meet at least one (1) of the following criteria: (1) Association with events that have made a significant contribution to the history of the city, the county, state or nation; (2) Association with the lives of persons significant in the city's past history; 2 216 EXHIBIT"A" (3) Embody the distinctive characteristics of an historical period, architectural or design style or method of construction; ( 4) Possesses high artistic values; (5) Represent the work of a master, serve as an outstanding or representative work of a master designer, architect or builder who contributed to our historical, aesthetic or architectural heritage; (6) Have yielded, or are likely to yield information important in pre-history or history; (7) Be listed in the National Register of Historic Places; (8) Consist of a geographically definable area that possesses a significant concentration of sites, buildings or structures united by historically significant past events or aesthetically by plan or physical development, whose components may lack individual distinction. (b) A building, structure (including the public portions of the interior), improvement or landscape feature may be designated historic even if it has been altered if the alteration is reversible and the most significant architectural elements are intact and repairable. 2. The single-family residence at 5240 North Bay Road is eligible for designation as an historic structure as it complies with the criteria as specified in Section 118-592 in the Land Development Regulations of the City Code outlined above. Staff finds that the proposed Historic Single Family Home located at 5240 North Bay Road possesses integrity of location, design, setting. materials, workmanship, feeling, or association for the following reasons: Satisfied; The construction of the home located at 5420 North Bay Road in 1958, during the construction boom in Miami Beach that followed World War II, was clearly significant in the successful development history of the City of Miami Beach. The design and construction of the home brought an architectural style of high aesthetic appeal and stature to the neighborhood. The proposed historic home still possesses the integrity of its original location at 5240 North Bay Road. Further, the original building still retains many of its historic materials, details, and workmanship as well as the feeling of its late 1950s period of construction in Miami Beach. (a) Staff finds the proposed historic site to be eligible for historic designation and in conformance with the designation criteria for the following reasons: (1) Association with events that have made a significant contribution to the history of the city, the county, state or nation; Built in 1958, the single-family residence at 5240 North Bay Road is representative of the construction boom in Miami Beach that followed World War II. Numerous homes were built throughout the City during this time period, especially in North Beach. 3 217 EXHIBIT"A" (3) Embody the distinctive characteristics of an historical period, architectural or design style or method of construction: The single-family residence at 5240 North Bay Road is a fine example of the Post War Modern style of architecture. The single-story residence is generally symmetrical and divided into three bays. A dramatic open-air entry vestibule is located at the center of the front fa9ade. The exterior walls are finished in smooth scored stucco and pink rough cut Georgian marble panels, which add texture and contrast. The roof above the main living space is a low pitched gable with flat tile incorporating overhanging eaves. The original garage structure remains intact at the north side of the front (east) elevation and is clad in pink rough cut Georgia marble with a large decorative breezeblock panel at the center. The garage consists of a flat built up gravel roof with 3' -0" overhangs which intersect the main structure at precise points. ( 4) Possesses high artistic values: Valued at $50,000 in 1958, and located in an upper-class neighborhood, this house was of high-quality design and construction with many fine details and materials which embodied the Post War Modern style movement. (5) Represent the work of a master. serve as an outstanding or representative work of a master designer, architect or builder who contributed to our historical. aesthetic or architectural heritage; Born in Miami on April 10, 1920, Maurice S. Weintraub made a significant contribution to the creation of a new architectural style in Miami Beach following World War II. This Post War Modern architecture, referred to locally today as Miami Modern (MiMo), is recognized as a style of national historical significance. This style established a path of its own in terms of modern functional simplicity with a new vocabulary of an era of exuberance. After graduating from Miami Edison Senior High School in 1936, Weintraub attended the University of Florida where he received an Associates of Arts degree in 1939 and a Bachelor of Architecture degree in 1947. Following graduation, Weintaub returned to Miami where he began his professional training as an architect working with Henry Hohauser. By 1951, he opened an architectural firm in Miami designing numerous buildings throughout the County. Weintraub designs embody the spirit of what is known today as MiMo architecture. He designed over 15 commercial and apartments buildings throughout Miami Beach's historic districts, but is perhaps best know for the iconic designs located along Biscayne Boulevard which include the former Admiral Vee Motel (1957)1ocated at 8000 Biscayne Boulevard and the Stardust Motel (1956)1ocated at 6730 Biscayne Boulevard. The following are examples of buildings designed by Maurice Weintraub within Miami Beach: 4 218 EXHIBIT "A" 6380 North Bay Road 1951 425 Collins Ave 1952 1600 Washington Ave 1952 6885 Abbott Ave 1954 1001 Bay Dr 1956 1130 Normandy Drive 1956 1333 Meridian Ave 1958 1568 Pennsylvania Ave 1958 113771stst 1959 1560 Pennsylvania Ave 1959 1185 Marseilles Dr 1960 158 Ocean Dr 1961 1234 Washington Ave 1961 221 Meridian Ave 1971 (6) Have yielded, or are likely to yield information important in pre-history or history; Retention of the single-family residence at 5240 North Bay Road promotes the general welfare of the City by providing an opportunity for the study and appreciation of a fine example of the Post War Modern style of architecture as applied to a residential setting. It also provides an understanding of the architectural evolution of design styles in Miami Beach. (b) A building. structure (including the public portions of the interior). improvement or landscape feature may be designated historic even if it has been altered if the alteration is reversible and the most significant architectural elements are intact and repairable. The single-family residence at 5240 North Bay Road maintains high degree of architectural integrity with limited modifications. Restoration of the most significant original exterior architectural features and appropriate renovation can be successfully completed of this fine residence by careful analysis of on-site conditions and available historic documentation. IV. DESCRIPTION OF BOUNDARIES The subject property is located at 5240 North Bay Road on Lot 17 in Block 14 of LA GORCE GOLF SUBDIVISION according to the Plat thereof, as recorded in Plat Book 14 at Page 43, of the Public Records of Dade County. V. PRESENT OWNER The present owner of the subject property is Ivan Schneider VI. PRESENT USE The original and current use of the subject property is single-family residential 5 219 EXHIBIT"A" VII. PRESENT ZONING DISTRICT The subject property is located in the RS-3 or Residential Single-Family Zoning District VIII. ARCHITECTURAL BACKGROUND Post War Modern I Miami Modern (About 1945 to 1965). After a hiatus in construction due to World War II, the Post War Modern style picked up where Art Deco left off with the added influences of a booming post war economy, new technologies (such as air conditioning), the prevalence of the redesigned automobile, and a feeling of national optimism. The local expression of this style has recently been dubbed Miami Modern or MiMo by the Greater Metropolitan Miami area's Urban Arts Committee (much as the term Art Deco was first applied about 1965 when the style actually first appeared in the 1920s ). The Post War Modern style in Miami Beach established a path of its own in terms of modern functional simplicity with a new vocabulary of pizzazz. Essentially the strong design personality of Art Deco, as it evolved over two decades in Miami Beach, significantly gave way to the changing dictates of use and function in the era of post war seaside resort and residential architecture. From about 1945 to 1965, the widely popular Post War Modern style was frequently applied to hotels, commercial buildings, apartment houses, and single- family homes throughout Miami Beach. The single-family residences designed in the Post War Modern style were generally constructed with concrete masonry blocks. The exterior walls were frequently finished in smooth stucco and often mixed two or more textured surfaces together (i.e. stucco with stone or brick as well as contrasting smooth and fluted stucco surfaces). Roofs were generally flat or low pitched with flat tile or barrel tile. Both roof types often incorporated rounded or "soft" eaves and overhanging roof plates. Visual interest was added to single- family homes in the Post War Modern style with varied roof angles, fin walls, and delta wings. These residences typically featured casement, jalousie, or awning windows. Drama was added to the fenestration with flush or projecting boxed windows, wrapping corner windows, and eyebrows. Porches, terraces, and balconies were commonly highlighted with decorative wrought iron railings, single or paired pipe columns (occasionally angled), and terrazzo floor finishes with a simple pattern (if any). Additional design elements frequently incorporated into single-family homes of this style were brick or stone faced wall panels and landscape planters as well as cast concrete breeze block in elaborate patterns. The Post War Modern style has come of age as a contributing historical style in Miami Beach. It is now enjoying a greatly expanded appreciation as an architectural movement of historical importance both here as well as in other cities across the nation, including New York, Los Angeles, and Miami. Strong evidence of this phenomenon was the exhibit in New York City (March 13 -May 8, 2002) entitled, "Beyond the Box: Mid-Century Modern Architecture in Miami and New York."1 It was co-presented by the Urban Arts Committee of Miami Beach and the Municipal Arts Society of New York City (the latter is credited with saving New York's Grand Central Terminal from demolition in the 1960s as well as dozens of other historic structures since 1897). This fabulous exhibit attracted much publicity and helped to raise awareness of the special qualities of Post War Modern architecture in South Florida, in particular Miami Beach, and in New York City. 1 Urban Arts Committee of Miami Beach and the Municipal Art Society of New York, "Beyond the Box: Mid- Century Modem Architecture in Miami Beach and New York," 2002, p. 4. 6 220 EXHIBIT"A" 5240 North Bay Road Constructed in 1958 on a bayfront lot along North Bay Road, the subject one-story home home was designed by the prominent Mid Century architect Maurice Weintraub in the Post War Modern style of architecture. In addition to satisfying the criteria for evaluation as noted above, the building has retained its strong integrity over the years. The property, located in a prominent residential single- family area of the city, is complemented by its setting and relationship with numerous other single-family homes of similar scale in various design styles. Its distinctive character contributes greatly to the streetscape of its residential neighborhood. The Post War Modern design is carefully executed, in harmony with the surrounding landscape. The building's proportion, scale, massing and use of materials are reflective of Post War Modern or MiMo architecture. The building's exterior retains nearly all of its original features, details and materials, as evident upon examination of the original plans provided by the current owner. The front fa<_;:ade has an overall generally symmetrical design with a strong horizontal emphasis. It is composed of a monumental open-air entry vestibule with soaring front facing gable roof spanning the entire width of the structure. The windows within the entry feature are designed to follow the angle of the roof. Other features on the front fa<_;:ade include a projecting frame surrounding the large window at the southern portion, scored stucco, the use of field stone on either side of the entry feature, overhanging eaves, and a low wall made of pink rough cut Georgia marble and decorative breeze block. This use of mixed textured surfaces together was typical of the Post War Modern style of architecture. The original garage structure remains intact at the north side of the front (east) elevation and is clad in pink rough cut Georgia marble with a large decorative breezeblock panel at the center. The garage consist of a flat built up gravel roof with 3' -0" overhangs which intersect the main structure a precise points. The rear portion of the house is covered with a flat, built up roof. The rear (western) elevation was designed to take advantage of the magnificent views of Biscayne Bay. Generally symmetrical, the rear elevation is composed of three bays of clear, mullion free, sliding glass doors. A swimming pool was also constructed within the rear yard at the time of construction. Architect Biography Maurice S. Weintraub Born in Miami on April1 0, 1920, Maurice S. Weintraub made a significant contribution to the creation of a new architectural style in Miami Beach following World War II. This Post War Modern architecture, referred to locally as Miami Modern (MiMo ), is recognized as a style of national historical significance. This style established a path of its own in terms of modern functional simplicity with a new vocabulary of an era of exuberance. After graduating from Miami Edison Senior High School in 1936, Weintraub attended the University of Florida where he received an Associates of Arts degree in 1939 and a Bachelor of Architecture degree in 1947. Following graduation, Weintaub returned to Miami where he began his professional training as an architect working with Henry Hohauser. By 1951, he opened an architectural firm in Miami designing numerous buildings throughout the County. 7 221 EXHIBIT"A" Weintraub designs embody the spirit of what is known today as MiMo architecture. He designed over 15 commercial and apartments buildings throughout Miami Beach's historic districts, but is perhaps best know for the iconic designs located along Biscayne Boulevard which include the former Admiral Vee Motel (1957)1ocated at 8000 Biscayne Boulevard and the Stardust Motel (1956)1ocated at 6730 Biscayne Boulevard. The following are examples of buildings designed by Maurice Weintraub within Miami Beach: 6380 North Bay Road 1951 425 Collins Ave 1952 1600 Washington Ave 1952 6885 Abbott Ave 1954 1001 Bay Dr 1956 1130 Normandy Drive 1956 1333 Meridian Ave 1958 1568 Pennsylvania Ave 1958 113771stst 1959 1560 Pennsylvania Ave 1959 1185 Marseilles Dr 1960 158 Ocean Dr 1961 1234 Washington Ave 1961 221 Meridian Ave 1971 X. PLANNING DEPARTMENT RECOMMENDATIONS 1. Criteria for Designation: Based upon the evidence presented and the historical and architectural significance of the single-family residence located at 5240 North Bay Road, and in accordance with Chapter 118, Article X, Division 4, of the Land Development Regulations of the City Code, the staff of the City of Miami Beach Planning Department recommends that the Historic Preservation Board adopt the subject property as a local historic structure. 2. Site Boundaries: The Planning Department recommends that the boundaries of the historic site consist of the entire property located on Lot 17 in Block 14 of La Gorce Golf Subdivision, according to the Plat thereof, as recorded in Plat Book 14 at Page 43 of the Public Records of Miami-Dade County, Florida. 3. Areas Subject to Review: The Planning Department recommends that the proposed historic site shall be subject to Section 118-591 (f) of the Land Development Regulations of the City Code. 4. Review Guidelines: The Planning Department recommends that a decision on an application for a Certificate of Appropriateness shall be based upon Section 118-591 (f) of the Land Development Regulations of the City Code. F:\PLAN\$HPB\11 HPB\JunHPB11\7254.designation.Jun11.doc 8 222 HISTORIC PRESERVATION BOARD City of Miami Beach, Florida MEETING DATE: June 14, 2011 FILE NO: 7255 PROPERTY: 5240 North Bay Road -Single Family Home LEGAL: Lot 17, block 14, La Gorce Golf Subdivision, According to the Plat Thereof, as Recorded in Plat Book 14, Page 43, of the Public Records of Miami- Dade County, Florida. IN RE: The Application for a Certificate of Appropriateness for the partial demolition, renovation, alteration, and restoration of an existing single family home, inclusive of a one (1) story roof-top addition. ORDER The applicant, Ivan Schneider, filed an application with the City of Miami Beach Planning Department for a Certificate of Appropriateness. The City of Miami Beach Historic Preservation Board makes the following FINDINGS OF FACT, based upon the evidence, information, testimony and materials presented at the public hearing and which are part of the record for this matter: A. The subject structure is a designated Historic Structure. B. Based on the plans and documents submitted with the application, testimony and information provided by the applicant, and the reasons set forth in the Planning Department Staff Report, the project as submitted is consistent with the Certificate of Appropriateness Criteria in Section 118-564(a)(1) of the Miami Beach Code, is consistent with the Certificate of Appropriateness Criteria in Section 118-564(a)(2) of the Miami Beach Code, is not consistent with Certificate of Appropriateness Criteria 'c' & 'h' in Section 118-564(a)(3) of the Miami Beach Code, and is not consistent with Certificate of Appropriateness for Demolition Criteria 'f', 'h' & 'i' in Section 118-564(f)(4) of the Miami Beach Code. C. The project would be consistent with the criteria and requirements of section 118-564 if the following conditions are met: 1. Revised elevation, site plan and floor plan drawings shall be submitted to and approved by staff; at a minimum, such drawings shall incorporate the following: a. The existing front doors shall be retained, preserved and restored. b. The proposed balconies shall be _part of the approval. 22J r-Vf) I •' Page 2 of 4 HPB File No. 7255 Meeting Date: June 14, 2011 c. Manufacturer's drawings and Dade County product approval numbers for all new windows, doors and glass shall be required. The sliding glass doors proposed for east (front) elevation, south of the entry, shall be replaced with glass doors more consistent with the design and proportion of the original awning windows as shown on original plans. This shall include the addition of muntins, in a manner to be reviewed and approved by staff. d. The center of the ridge line of the proposed second floor gable roof shall project toward North Bay Road to create the same angle as the original gable roof of the first floor roof below. e. Any roof-top fixtures, air-conditioning units and mechanical devices shall be clearly noted on a revised roof plan and elevation drawings and shall be screened from view, in a manner to be approved by staff. Any mechanical equipment located at the ground shall be located in a manner that is not disruptive to neighboring properties and is screened from view, subject to the review and approval of staff. f. The color and finishes of all new windows shall match those of the original windows. g. Prior to the issuance of a Certificate of Occupancy, the project Architect shall verify, in writing, that the subject project has been constructed in accordance with the plans approved by the Planning Department for Building Permit. 2. A revised landscape plan, and corresponding site plan, shall be submitted to and approved by staff. The species type, quantity, dimensions, spacing, location and overall height of all plant material shall be clearly delineated and subject to the review and approval of staff. At a minimum, such plan shall incorporate the following: a. Tall hedges shall not be permitted within the required front yard. Any hedge type landscaping proposed within the required front yard, shall consist of plant material that does not exceed 36" in height at maturity. The final selection of perimeter landscaping shall be subject to the review and approval of staff. b. The final selection of all landscaped areas located within the right-of-way shall be provided, in a manner to be reviewed and approved by staff. c. A fully automatic irrigation system with 1 00% coverage and an automatic rain sensor in order to render the system inoperative in the event of rain. Right-of- way areas shall also be incorporated as part of the irrigation system. d. Prior to the issuance of a Certificate of Occupancy, the project architect shall verify, in writing, that the project is consistent with the site and landscape plans approved by the Planning Department for Building Permit. 224 ~r .. Page 3 of 4 HPB File No. 7255 Meeting Date: June 14, 2011 3. The final exterior surface color scheme, including color samples, shall be subject to the review and approval of staff and shall require a separate permit. 4. The project shall comply with any landscaping or other sidewalk/street improvement standards as may be prescribed by a relevant Urban Design Master Plan approved prior to the completion of the project and the issuance of a Certificate of Occupancy. 5. The Final Order shall be recorded in the Public Records of Miami-Dade County, prior to the issuance of a Building Permit. 6. The Final Order is not severable, and if any provision or condition hereof is held void or unconstitutional in a final decision by a court of competent jurisdiction, the order shall be returned to the Board for reconsideration as to whether the order meets the criteria for approval absent the stricken provision or condition, and/or it is appropriate to modify the remaining conditions or impose new conditions. 7. The conditions of approval herein are binding on the applicant, the property's owners, operators, and all successors in interest and assigns. 8. Nothing in this order authorizes a violation of the City Code or other applicable law, nor allows a relaxation of any requirement or standard set forth in the City Code. IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information, testimony and materials presented at the public hearing, which are part of the record for this matter, and the staff report and analysis, which are adopted herein, including the staff recommendations, which were amended by the Board, that the Certificate of Appropriateness is GRANTED for the above-referenced project subject to those certain conditions specified in paragraph C of the Findings of Fact (Condition Nos. 1-8, inclusive) hereof, to which the applicant has agreed. PROVIDED, the applicant shall build substantially in accordance with the plans approved by the Historic Preservation Board, as determined by staff, entitled "Schneider Residence", as prepared by architect Michael Reinstein dated April 29, 2011. When requesting a building permit, the plans submitted to the Building Department for permit shall be consistent with the plans approved by the Board, modified in accordance with the conditions set forth in this Order. No building permit may be issued unless and until all conditions of approval that must be satisfied prior to permit issuance, as set forth in this Order, have been met. The issuance of a Certificate of Appropriateness does not relieve the applicant from obtaining all other required Municipal, County and/or State reviews and permits, including final zoning approval. If adequate handicapped access is not provided on the Board-approved plans, this approval does not mean that such handicapped access is not required. When requesting a building permit, the plans submitted to the Building Department for permit shall be consistent with the plans approved by the Board, modified in accordance with the conditions set forth in this Order. If the Full Building Permit for the project is not issued within eighteen (18) months of the meeting 225 a,{JIJJ Page 4 of 4 HPB File No. 7255 Meeting Date: June 14, 2011 date at which the original Certificate of Appropriateness was granted, the Certificate of Appropriateness will expire and become null and void. If the Full Building Permit for the project should expire for any reason (including but not limited to construction not commencing and continuing, with required inspections, in accordance with the applicable Building Code), the Certificate of Appropriateness will expire and become null and void. In accordance with Section 118-561 of the City Code, the violation of any conditions and safeguards that are a part of this Order shall be deemed a violation of the land development regulations of the City Code. Failure to comply with this Order shall subject the Certificate of Appropriateness to Section 118-564, City Code, for revocation or modification of the Certificate of Appropriatene~b Dated this ( S -day of J l) ;J E , 20 ~ \ . STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) F:\PLAN\$HPB\11 HPB\JunHPB 11\7255-JUN2011. FO.docx 226 HISTORIC PRESERVATION BOARD City of Miami Beach, Florida MEETING DATE: November 8, 2011 FILE NO: 7277 PROPERTY: 5240 North bay Road :E)CHI&IT 1~' LEGAL: Lot 17 in Block 14 of La Gorce Golf Subdivision, according to the Plat thereof, as recorded in Plat Book 14 at Page 43 of the Public Records of Miami-Dade County, Florida. IN RE: The application requesting that the Historic Preservation Board recommend approval for an Historic Ad Valorem Tax Exemption for the restoration, renovation, and rehabilitation of the existing historic home, as well as for the new construction proposed for the site. ORDER The applicant, Ivan Schneider, filed an application with the City of Miami Beach Planning Department requesting that the Historic Preservation Board recommend approval for an Historic Ad Valorem Tax Exemption. The City of Miami Beach Historic Preservation Board makes the following FINDING OF FACT, based upon the evidence, information, testimony and materials presented at the public hearing and which are part of the record for this matter: Based on the plans and documents submitted with the application, testimony and information provided by the applicant, the analysis and reasons set forth in the Staff Report, and consistency with the Secretary of the Interior's Standards for Rehabilitation and the Certificate of Appropriateness Criteria in Section 118-564 of the Miami Beach City Code, the Historic Preservation Board recommends in favor ofthe application for Miami Beach Historic Ad Valorem Tax Exemption for the subject single-family residence. IT IS HEREBY ORDERED, based upon the foregoing finding of fact, the evidence, information, testimony and materials presented at the public hearing, which are part ofthe record for this matter, including the staff report and analysis, which are adopted herein, including the staff recommendations, that the Historic Preservation Board recommends in favor of the application for Miami Beach Historic Ad Valorem Tax Exemption for the above-referenced property. 227 Page 2 of 2 HPB File No. 7277-Ad Valorem Tax Exemption Meeting Date: November 8, 2011 1 /J~ 0 >fl Dated this _~l_ day of Wo VbWl oE~:-2olL HISTORIC PRESERVATION BOARD THE CITY OF MIAMI B ACH, FLO IDA / STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) The 1 /Oregoing instrument was acknowledged before me this I r day of !VoUeWt.boer 20_!1_ by Thomas R. Mooney, Design and Preservation Manager, Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the Corporation. He is personally known to me. ~ ~ NOTARY PU LIC Miami-Dade County, Florida / / My commission expires: "3 "?.-~~ 'Zo/'f Approved As To Form: ~ //7 L? / Legal Department: -;:?'~ (1/ ..... 1 'f.·--(TO 1/ ) // Filed with the Clerk of the Historic Preservation Board on f 1-!'{-L-or( ( KC ) F:\PLAN\$HPB\11 HPB\NovHPB11\7277-AdValoremNOV2011.FO.docx 228 ~ .dt, I COMMISSION ITEM SUMMARY Condensed Title: A -Resolution adopting and appropriating the Second Amendment to the Police Confiscation Trust Fund Budget for Fiscal Year 2011/12 in the amount of $402,633 to be funded from the proceeds of State and Federal Confiscated Funds. Key Intended Outcome Supported: Increase Resident and Business ratings of Public Safety. Supporting Data (Surveys, Environmental Scan, etc.): According to the Center For Research and Public Policy Residential and Business Satisfaction Survey of City of Miami Beach residents in 2009, indicated that their three top most important areas of for the City of Miami Beach to address in an effort to improve public safety throughout the City is Preventing Crime 44.9%, Enforcing Traffic Laws 36.1% and Increasing Visibility of Police in Neighborhoods 32.4%, Issue: Shall the Mayor and City Commission adopt and appropriate the second amendment to the Police Confiscation Trust Fund Bud et for Fiscal Year 2011/12? Item Summary/Recommendation: The Assistant Chief of Police Raymond Martinez has reviewed and identified the needs for the appropriation and has established that the expenditures of forfeiture funds are in compliance with Section 932.7055, Florida State Statutes and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies. The Administration recommends that the Mayor and City Commission adopt the second amendment to the Police Confiscation Trust Fund Budget for Fiscal Year 2011/12 in the amount of $402,633. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 Confiscation Funds: 1t1 ,/ 2 $261,700 607-8000-35121 0 State funds-Confiscation y 3 $140,933 603-8000-351211 Federal-Justice funds ( 4 OBPI Total $402,633 Financial Impact Summary: Cit Clerk's Office le islative Trackin : Mauvett Rattigan, Miami Beach Police Department Si n-Offs: Department Director Ray MIAMI BEACH Assistant City Manager 229 AGENDA iTEM ____,<::.,....7_...;::J'--_ DATE )-8-/2- lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Mattie Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager ~~ February 8, 2012 U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND APPROPRIATING THE SECOND AMENDMENT TO THE POLICE CONFISCATION TRUST FUND BUDGET FOR FISCAL YEAR 2011/12 IN THE AMOUNT OF $402,633 TO BE FUNDED FROM STATE CONFISCATED FUNDS IN THE AMOUNT OF $261,700 AND FEDERAL-JUSTICE CONFISCATED FUNDS IN THE AMOUNT OF $140,933, FOR THE APPROPRIATION AND EXPENDITURE OF THOSE ITEMS SET FORTH IN EXHIBIT "A." ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Florida Statute 932.7055 provides for expenditures of forfeiture funds for law enforcement purposes. The Miami Beach Assistant Chief of Police, Raymond Martinez, has reviewed and identified the need for the appropriation and has established that the expenditures of forfeiture funds are in compliance with Section 932.7055, Florida State Statutes, and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies. These forfeiture funds have been deposited in the Police Confiscation Trust Fund. The City has complied with all statutory procedures involved in the transaction of these funds. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the second amendment to the Police Confiscations Trust Fund Budget for the Fiscal Year 2011/12, and appropriate funds in the amount of $402,633 to be funded from the proceeds of State and Federal Confiscation Funds as listed in Exhibit "A". 230 EXHIBIT"A" MIAMI BEACH POLICE DEPARTMENT CONFISCATION TRUST FUND BUDGET SECOND AMENDMENT FISCAL YEAR 2011/12 FEDERAL CONFISCATION FUNDS-Justice: AED -AUTOMATED EXTERNAL DEFIBRILLATORS FOR MIAMI BEACH POLICE FACILITIES SECURITY CAMERAS TO BE INSTALLED AT ALL ACCESS POINTS AT THE MIAMI BEACH POLICE DEPARTMENT HEADQUARTER BUILDING. REPLACEMENT IDENTIFICATION MACHINE RE-APPROPRIATION-VICTIMS OF CRIME ACT (VOCA)-SALARY MATCH TOTAL OF FEDERAL CONFISCATION FUNDS-Justice: 231 6,000 603-4750-000674 19,000 603-4750-000672 42,000 603-4750-000672 73,933 603-4750-000491 140,933 STATE FUNDS: "EXHIBIT A CONTINUED" MIAMI BEACH POLICE DEPARTMENT CONFISCATION TRUST FUND BUDGET SECOND AMENDMENT FISCAL YEAR 2011/12 DRUG & CRIME PREVENTION & SCHOOL RESOURCES PROGRAMS RE-APPROPRIATION FOR POLICE DEPARTMENT FACILITY-BUILD-OUT FOR TRAINING SIMULATORS TWO VARIABLE MESSAGE SIGNS NMSl THREE LICENSE PLATE READERS ONE HUNDRED FRENCH BARRICADES GRANT MATCH ·LAW ENFORCEMENT EQUIPMENT-SKY WATCH TOTAL OF STATE FUNDS: 232 90,000 607-4719-000353 18,000 607-4 719-000676 50,000.00 607-4719-000672 75,000.00 607-4719-000672 10,000.00 607-4 719-000343 18,700 607-4719-000674 261,700 CERTIFICATION I, Raymond Martinez, Assistant Chief of Police, City of Miami Beach, do hereby certify that the aforementioned proposed request for expenditures from the City of Miami Beach Police Confiscation Trust Fund, for the 2011/2012 fiscal year providing funds for expenditures, complies with the provisions of Section 932.7055(4)(a), Florida Statutes, and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies. Raymond Martinez, Assistant Chief of Police Miami Beach Police Department Date 233 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND APPROPRIATING THE SECOND AMENDMENT TO THE POLICE CONFISCATION TRUST FUND BUDGET FOR FISCAL YEAR 2011/2012 IN THE AMOUNT OF $402,633, TO BE FUNDED FROM STATE CONFISCATED FUNDS IN THE AMOUNT OF $261,700 AND FEDERAL-JUSTICE CONFISCATED FUNDS IN THE AMOUNT OF $140,933, FOR THE APPROPRIATION AND EXPENDITURE OF THOSE ITEMS SET FORTH IN EXHIBIT "A." WHEREAS, Section 932.7055 of the Florida Statutes, sets forth and establishes the purpose and procedures that must be utilized for the appropriation and expenditure of the Police Confiscation Trust Fund; and WHEREAS, the City of Miami Beach Commission (the "Commission") appropriated $18,000 in Fiscal Year 2010/2011 for Law Enforcement Facilities Construction Training Simulators, which was never expended by the Miami Beach Police Department; and WHEREAS, the Commission appropriated $73,933 in Fiscal Years 2001 through 2005 for the Victims of Crime Act (VOCA) Salary Grant Match, which was never expended by the Miami Beach Police Department; and WHEREAS, the $18,000 and $73,933 is available for appropriation during the 2011/2012 Fiscal Year, which monetary amounts were approved in those previous Fiscal Years expenditures, and shall now be expended for the Law Enforcement Facility Construction Training Simulators and Salary Grant Match; and WHEREAS, the Miami Beach Police Department shall be purchasing automatic external defibrillators to be utilized by its personnel as a life saving device in the event of a sudden cardiac arrest, which expenditure amounts to a total of $6,000; and WHEREAS, the Miami Beach Police Department seeks to prevent the occurrence of crime, provide safe and drug-free neighborhoods and various other school resource programs throughout the City of Miami Beach, which requires a total monetary expenditure of $90,000; and WHEREAS, various security cameras and an identification machine will provide additional equipment to the Miami Beach Police Department for its law enforcement activities, which is considered to be an integral part of the Miami Beach Police Department; and WHEREAS, variable message signs (VMS), french barricades and license plate readers will support law enforcement and public safety efforts of the Miami Beach Police Department during high impact major event periods (MEP); and WHEREAS, the Assistant Chief of Police of the City of Miami Beach has determined that the need for appropriation and expenditures exist, and that such appropriation and expenditure is not being used to meet normal operating expenses of the Miami Beach Police Department; and 234 WHEREAS, this appropriation and expenditure of forfeiture funds is in compliance with the requirements of Section 932.7055 of the Florida Statutes, and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies; and WHEREAS, funds in the amount of $402,633 are available in the Police Confiscation Trust Fund, and shall be appropriated and expended as set forth in Exhibit "A." STATE- FEDERAL- TOTAL- CURRENT BUDGET $457,800 $530,000 $987,800 INCREASE $261,700 $ 140,933 $402,633 AMENDED BUDGET $ 719,500 $ 670,933 $1,390,433 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission for the City of Miami Beach hereby adopt and appropriate funds for the second amendment to the Police Confiscation Trust Fund budget for fiscal year 2011/2012 in the amount of $402,633, to be funded from State confiscated funds in the amount of $261,700 and Federal-Justice confiscated funds in the amount of $140,933, for the appropriation and expenditure of those items set forth in Exhibit "A." PASSED and ADOPTED this ___ day of February, 2012. ATTEST BY: ROBERT PARCHER, CITY CLERK MAYOR MATTI HERRERA BOWER 235 APPROVED AS TO FORM & lANGUAGE . o:;~/k#L '""""""'OOO::c~ITY~AT~TO~R~NtrjJ3~!P"fPol DATE THIS PAGE INTENTIONALLY LEFT BLANK 236 C7 -Resolutions C7K A Resolution Authorizing The Mayor And The City Clerk To Execute A Letter Of Agreement Between The City Of Miami Beach And Florida Power And Light (FPL), Where FPL Commits To Complete Renewable Energy, Energy Efficiency And Energy Sustainability Projects. (Public Works) (Memorandum and Resolution to be Submitted in Supplemental) 237 Agenda Item c. 7 k Date 2--'t-1 2- THIS PAGE INTENTIONALLY LEFT BLANK 238 COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving a one-time only subordination of that certain Mortgage and Security Agreement, in the amount of $2,864,642, dated July 5, 2011, between MBCDC: Meridian Place, LLC, a Florida Limited Liability Corporation, and the City of Miami Beach, in favor of a Commercial Lender for an amount not to exceed $980,000; and further authorizing_ the City_ Manager to execute all a_pplicable documentation. Key Intended Outcome Supported: 1. Increase access to workforce or affordable housing. 2. Improve the lives of elderly residents. Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2009 Customer Satisfaction Survey: 17.5% of businesses feel that lack of workforce housing is one of their most important challenges; 80% of residents 65 or older ated City response to expectations as good or excellent Issue: Shall the City authorize a subordination of its lien/security position to a commercial bank lender. Item Summary/Recommendation: MBCDC purchased Meridian Place, an affordable rental housing project, located at 530 Meridian Avenue, for the purpose of rehabilitating the building to provide affordable housing. Total currently allocated grant and loan funds for the project are $7,915,085, including County-allocated and City-allocated federal affordable housing entitlement funds from the HOME and Community Development Block Grant (CDBG) programs. The City allocates its HOME and CDBG funds for capital projects as loans. Project funding also includes MBCDC-secured State funds, additional U.S. HUD vouchers, as well as a commitment from Miami Dade County District 5 General Obligation Bond funds (County GOB) for $440,431. However, until MBCDC is able to complete the required processes for drawing down those various funding sources,. including retainers held from City allocations, a cash flow gap in the amount of $977,975 is impeding the completion of the project, which is currently 70% complete. MBCDC has expressed a need to obtain commercial bank financing for an amount not to exceed $980,000 in order to complete the project. An item on the February 8, 2012 Redevelopment Agency agenda includes a recommended modification to the current RDA loan issued to MBCDC for the project. This modification is necessary as a cash flow analysis reflects that the affordable housing rents are not sufficient to make the necessary debt payments on the RDA loan, and the project will not pass a necessary underwriting review by the private lender. It is customary for commercial banks to request a first lending security position. Additionally, and consistent with the City's prior practice, the RDA agenda item also recommends that the RDA loan (as modified) be subordinated to allow for the private financing to be secured. Likewise, in an effort to facilitate the closing of the current cash flow gap and completion of the project, the Administration is recommending approval of a one-time only subordination of the City's lending position in the recorded mortgage which secures funding allocated from US HUD HOME and CDBG funding, in the amount of $2,864,642, dated July 5, 2011, between MBCDC: Meridian Place, LLC, a Florida Limited Liability Corporation, and the City of Miami Beach, in favor of a commercial lender for an amount not to exceed $980,000. Adviso Board Recommendation: On October 27,2011, no recommendation was made by FCWPC. On January 19,2012, FCWPC discussion of RDA Note modification and related debt subordination and recommendation of its referral to the Ci Commission for a roval. Financial Information: Source of Amount Funds: 1 OBPI Total Financial Impact Summary: N/A Ci Clerk's Office Le islative Trackin Anna Parekh, ext. 6471 AP T:\AGENDA\2012\February 8\Meridian City Subordination CC Summary.doc MIAMI BEACH 239 Account AGENDA ITEM _C_/_L __ D·ATE 2 -8' -/2- lD MIAMI BEACH ""='" City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Members of the City Commission FROM: r DATE: February 8, 2012 SUBJECT: A · RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A ONE-TIME ONLY SUBORDINATION OF THAT CERTAIN MORTGAGE AND SECURITY AGREEMENT, IN THE AMOUNT OF $2,864,642, DATED JULY 5, 2011, GIVEN BY MBCDC: MERIDIAN PLACE, LLC, A FLORIDA LIMITED LIABILITY CORPORATION, AS MORTGAGOR, TO THE CITY OF MIAMI BEACH, AS MORTGAGEE, IN FAVOR OF A COMMERCIAL LENDER, TO BE DETERMINED BY MBCDC, FOR AN AMOUNT NOT TO EXCEED $980,000; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTATION. This item is a companion item to RDA Agenda item 1 A. ADMINISTRATION RECOMMENDATION Adopt the resolution. BACKGROUND In 2006, Miami Beach Community Development Corporation (MBCDC) was approached by Carrfour Supportive Housing about MBCDC's potential interest in acquiring the property located at 530 Meridian Avenue to ensure its continued availability to the community as affordable housing. Carrfour had purchased the 72-unit former transient hotel and had planned extensive rehabilitation, but had decided they were not going to proceed. To complete the transaction, MBCDC requested funding from the City to assist in the acquisition of the property; RDA loan funds were allocated. MBCDC then pursued funds for the rehabilitation of the project. To date, the project has received the following funding: PROJECT FINANCING ACHIEVED City of Miami Beach -RDA State of Florida -Housing Demonstration Loan Funds Miamf..P~de county -Documentary surtax Program Miami-Dade County -US HUD -HOME Program City of Miami ~ich .. us HUO ... HOME Program City of Miami Beach -US HUD -CDBG Program Us HOP SRO; Rehab Loan Commitment (Vouchers) Miami-Dade District 5 General Obligation Bond 240 $1,500,000 1,000,000 1,379,$95 {' 395,605 2;6341518 230,124 335~012 440,431 Commission Memorandum February 8, 2012 Meridian Place Consent to Subordination Page 2of2 The total project costs, including acquisition, are currently projected at $8,117,797. The increases in costs are due primarily to plans revisions required by zoning regulations, historic and accessibility requirements, and HUD requirements. Total currently allocated grant and loan funds are $7,915,085, including County- allocated and City-allocated federal affordable housing entitlement funds from the HOME and Community Development Block Grant (CDBG) programs. The current budget also includes MBCDC's independently secured State funds, additional U.S. HUD vouchers, as well as a commitment from Miami Dade County District 5 General Obligation Bond funds (County GOB) for $440,431. However, until MBCDC is able to complete the required processes for drawing down those various funding sources, including retainers held from City allocations, a cash flow gap in the amount of $977,975 is impeding the completion of the project, which is currently 70% complete. MBCDC is pursuing commercial bank financing for an amount not to exceed $980,000 in order to complete the project. The ability to secure this financing is contingent on favorable underwriting. A companion item on the RDA agenda of February 8, 2012 recommends the modification of the terms of the current RDA loan to defer repayment of the loan until the conclusion of the afford ability period. Should that loan modification be approved by the RDA, MBCDC will proceed with necessary underwriting, apply for commercial gap financing, and proceed to draw down other funds which were previously committed to the project. That RDA agenda item also includes a recommended subordination of the RDA loan behind the commercial financing. This is a common requirement of private funders, and the City Commission has previously approved similar · subordination requests. In addition to a resolution of the RDA loan terms, in order for MBCDC to proceed with private financing, it is likewise necessary for the City to subordinate its current position on two loans the City has provided to MBCDC: 1) U.S. HUD's HOME Investment Partnership Program; and, 2) U.s. HUD's Community Development Block Grant Program. However, such subordination shall be for the maximum value of the private financing, which is currently proposed at $980,000. This amount may be further reduced should MBCDC secure County GOB District 5 funds for this project, as those funds (if received) will be required to be used to pay down the private financing. CONCLUSION It is customary for commercial banks to request a first lending position. A related item on the February 8, 2012 Redevelopment Agency agenda recommends the modification of an existing mortgage and promissory note between the RDA and MBCDC, as well as RDA approve of the a subordination of the RDA's lending position to a commercial loan. Likewise, in an effort to facilitate the closing of the current cash flow gap and completion of the project, the Administration is recommending approval of a one-time only subordination of the City's lending position in the recorded mortgage which secures funding allocated from US HUD HOME and CDBG funding, in the amount of $2,864,642, dated July 5, 2011, between MBCDC: Meridian Place, LLC, a Florida Limited Liability Corporation, and the City of Miami Beach, in favor of a commercial lender for an amount not to exceed $980,000; and further authorizing the_City Manager to execute all applicable documentation. JMG/HF/AP/ARB Attachments: T:\Agenda\2012\february 8\Meridian City Subordination CC Memo 2-8-2012.doc 241 RESOLUTION TO BE SUBMITTED 242 R2 COMPETITIVE BID REPORTS 243 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Purchase Budgeted Replacement/Addition Vehicles And Equipment Pursuant To Florida State Contract No. 11-19-0907, In The Amount Of $3,477.980.00. Key Intended Outcome Supported: Ensure well-maintained infrastructure. Improve parking availability. Maintain Miami Beach public areas & rights of way citywide. Increase satisfaction with family recreational activities. Ensure well-maintained facilities. Improve cleanliness of Miami Beach riQhts of way especially in business areas. Increase community satisfaction with City Government. Supporting Data (Surveys, Environmental Scan, etc.): 55% of residents, 48% of businesses rated the condition of roads as excellent or good, and 64% of residents, 66% of businesses rated the condition of sidewalks as excellent or good. 21% of residents and 28% of businesses rated the availability of parking across MB as about the right amount. 83% of residents and 81% of businesses rated the landscape maintenance in rights of way and public areas as excellent or good. 73% of residents and 46% of businesses rated the availability of family friendly activities as about the right amount. 88% of residents and 80% of businesses rated how safety they fell in business/commercial areas during evening/night as very safe or reasonably safe.87% of residents and 85% of businesses rated the appearance and maintenance of the City's public buildings as excellent or good. 71% of residents and 66% of businesses rated the cleanliness of streets in business/commercial areas as excellent or good. 91% of domestic visitors and 81% of international visitors indicated they definitely would or very likely would return to Miami Beach in the future. 97% of residents and 95% of businesses rated the overall quality of fire, EMR, preparedness as excellent or good. 79% of residents and 82% of businesses rated well-desiQned capital projects as excellent or Qood. Issue: l Shall the Mayor and City Commission approve the purchase? Item Summary/Recommendation: One (1) 2012 Ford Focus, four (4) 2012 Ford F-150 and four (4) 2012 Ford F-250 are approved budgeted replacements and will be funded by the Public Works Water Division Enterprise Fund Capital Account No. 425-0410-000673. One(1) 2012Ford Focus and one(1) 2012 Ford F-150 are approved budgeted replacements and will be funded by the Public Works Sewer Operations Division Enterprise Fund Capital Account No. 425-0420-000673. One (1) 2012 Ford Focus is an approved budgeted replacement and will be funded by the Public Works Storm Water Division Capital Account No. 427-0427-000673. Four (4} 2012 Ford F-250 are approved budgeted replacements and will be funded by the Public Works Sanitation Division Enterprise Fund Account No. 435-0430-000673. One (1) 2012 Ford F-150 is an approved budgeted replacement and will be funded by the Public Works Sanitation Division Enterprise Fund Capital Account No. 435-9962-000673. Two (2) 2012 Ford Transit Connect, two (2) 2012 Ford Focus and one (1) 2012 Ford F-350 are approved budgeted replacements and will be funded by the Parking on Street Capital Account No. 480-0462- 000673. Four (4) 2012 Ford Focus are approved budgeted additions and will be funded by the Parking on Street Capital Account No. 480-0462-000673. One (1) 2012 Ford F-150 is an approved budgeted replacement and will be funded by the Parking off Street Capital Account No. 480-0463-000673. Fifty one (51) 2012 Ford Focus, seven (7) 2012 Ford F-150, three (3)" 2012 Ford F-250, one (1) 2012 Ford F-350, ten(1 0} 2013 New Generation Police Interceptor utility, two (2} 2012 Chevrolet Caprice Police package, thirty nine (39) 2013 New Generation Police Interceptor sedan, twenty (20) 2012 Ford Fusions, two (2) 2012 Dodge Charger Police package and one (1) 2012 Ford Taurus are approved budgeted replacements and will be funded by the Fleet Management Fund Capital Account No. 510-1780-000673. Two (2) 2012 Ford Focus are approved budgeted additions and will be funded by the CIP Capital Account No. 011-0820-000673.0ne (1) 2012 ford E-250, two (2) 2012 Ford F-250 and one (1) 2012 Ford F-350 are approved budgeted replacements and will be funded by the Public Works prop. Mgmt. Division Capital Account No. 520-1720-000673. Two (2) 2012 Ford Transit Connect and three (3) 2012 Ford Focus are approved budgeted replacements and will be funded by the IT capital Account No.550-0640-000673. The Administration recommends approving the purchase. Financial Information· Source of Amp~~t Funds: ' 1 . $ 159,603.00 . ·~. $ 32,337.00 /"' 3 $ 16,087.00 L / 4 $ 103,862.00 /\ I 5 $ 16,953.00 I \J I ,~. $ 163,530.00 \1\ 7 $ 16,080.00 1\"\. 8 $ 32,174.00 u \ . 9 $ 92,349.00 , ~(} $ 88,026.00 1:1 $ 2,756.979.00 OBPI Tqte;J $ 3,477.980.00 SF __ T:\AGENDA \2012\February 8\Consent\Fieet.Summ MIAMIB CH ··A~t9!1nt ·;.·' .... 425-0410-000673 PW Water Div. Ent. Fund Capital Account. 425-0420-000673 PW Sewer Div. Ent. Fund Capital Account. 427-0427-000673 PW Storm Water Div. Capital Account 435-0430-000673 PW Sanitation Div. Ent. Fund Capital Account 435-9962-000673 PW Sanitation Div. Ent. Fund Capital Account. 480-0462-000673 Parking on Street Fund Capital Account. 480-0463-000673 Parking off Street Fund Capital Account. 011-0820-000673 CIP Fund Account. 550-0640-000673 IT Fund Capital Account 520-1720-000673 PW Prope_rty Mgmt. Fund Capital Account. 510-1780-000673 Fleet Management Fund Capital Account. 245 AGENDA ITEM _f<._:l_A __ DATE __.2 ...... --'<-~--4-/ ..... 2...~ m MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager ~ ~ DATE: February 08, 2012 SUBJECT: REQUEST FOR APPROVAL TO PURCHASE BUDGETED REPLACEMENT AND VEHICLE ADDITIONS AND EQUIPMENT PURSUANT TO FLORIDA STATE CONTRACT N0.11-19-09071N THE AMOUNT OF $3,477,980.00. ADMINISTRATION RECOMMENDATION Approve the purchase. FUNDING $ 159,603.00 $ 32,337.00 $ 16,087.00 $ 103,862.00 $ 16,953.00 $ 163,530.00 $ 16,080.00 $ 32,174.00 $ 92,349.00 $ 88,026.00 $2,756.979.00 ANALYSIS Funding is available from the Public Works Water Division Enterprise Fund Capital Account No. 425-041 0-000673. Funding is available from the Public Works Sewer Division Enterprise Fund Capital Account No. 425-0420-000673. Funding available from The Public Works Storm Water Division Enterprise Fund Capital Account No. 427-0427-000673. Funding is available from the Public Works Sanitation Division Enterprise Fund Capital Account No. 435-0430-000673. Funding is available from the Public Works Sanitation Division Enterprise Fund Capital Account No. 435-9962-000673. Funding is available from the Parking On-Street Fund Capital Account No. 480-0462-000673. Funding is available from the Parking off Street Fund Capital Account No. 480-0463-000673. Funding is available from the CIP Fund Account No. 011-0820- 000673. Funding is available from the IT Fund Capital Account No.550-0640- 0000673. Funding is available from the Public Works Property Management Division Capital Account No. 520-1720-000673. Funding is available from the Fleet Management Fund Capital Account No. 510-1780-000673 previously appropriated in the adopted Capital Budget. See attachments: 246 Commission Memorandum February 08, 2012 Page2 BACKGROUND 1. All vehicles and equipment are scheduled for review and or replacement based on a pre-determined schedule using the average life expectancy based on industry standards and type of service for which the vehicle/equipment is being used. 2. Each year the Fleet Management capital budget for replacements is adjusted in accordance with the schedule. 3. Once the vehicle(s) reach the planned replacement schedule, the vehicle/equipment is physically inspected. 4. All information related to the vehicle is reviewed i.e. age, mileage/hours, maintenance cost, depreciation value, residual value, accident record and overall condition are taken into consideration. 5. Determination is made whether the vehicle(s) should be replaced or can safely remain in the fleet for an additional time period and still be cost effective to maintain. 6. The vehicles and equipment that are being replaced are based on the Fleet Management approved budget for FY11/12 and does not exceed the overall budgeted amount for the fiscal year. 7. Exceptions do occur when approved funds from a previous year are encumbered and carried forward. This usually is a result of the need to revise specifications based on current situation and customer requirements. 8. Manufacturers may phase out makes and models due to exceeding their capacity to fill orders in any particular model year. Specifically the latter situation typically benefits the City by receiving a newer model vehicle with previous model year pricing. Vehicle/Equipment Efficiency Program Economic conditions and rising fuel prices has driven Fleet Management to review vehicle and equipment efficiency. Implementation of rightsizing and downsizing is a key priority for both Fleet Management and end user departments. Over the last couple of years, the City has purchased 'flex fuel' vehicles, departments have gone from full size sedans to midsize and even compact cars. Departments have also re-structured how to conduct their operations more efficiently. As of this date we have downsized 107 vehicles within Police and Fire Department. Building and Code Compliance departments and others have eliminated 1 02 vehicles and equipment over the last several years. 247 Commission Memorandum February 08, 2012 Page3 Additional Vehicle Assessment Beyond the typical vehicle analysis that is conducted, Fleet Management in conjunction with the affected Departments has adopted a temporary added level of review to assist in helping to balance the budget. The additional review is intended to assure that the vehicle is absolutely needed in order to perform the functions of the respective Department and if so, can the vehicle be deferred safely for an additional year. This added review is a temporary measure as eventually maintenance costs will increase as the fleet ages, to the point that the policy becomes counterproductive. This additional review was started in fiscal year 08/09. It is a balancing act to determine if the deferral will cost more in added maintenance cost versus the savings from the deferral and is shown in the accompanying attachments as 'Original Replacement Schedule'. One Hundred One (1 01) of the One Hundred Sixty Eight (168) total vehicles being replaced are two (2) years or more past their Life Expectancy equating to 60.00%. Sixty Seven (67) are between zero (0) and two (2) years past their Life Expectancy equating to 40.00%. In all instances the useful life of the vehicle has been completed or no longer cost effective to operate or maintain. Vehicle/Equipment Acquisitions In preparing the annual fleet acquisitions list, Fleet Management analyzes contract pricing when such contracts are available and within the guidelines of the City Procurement Policy. The analysis of the State wide contracts is critical as this review affects the decision to use the contracts or pursue a separate bid. Historically, and again in this fiscal year, the review indicates that use of the large State wide contracts are much more advantageous to the City than bidding on our own. When the Contracts are compared to the manufacturer's suggested retail price (MSRP), the pricing historically and also in this year, is significantly lower because certain Fleet dealers, usually high volume factory recognized, receive a "price concession" from the vehicle manufacturers when bidding on government contracts. Upfitting of Vehicles and Equipment Upfitting of vehicles and equipment is accomplished through the OEM (Original Equipment Manufacturer) or a third party vendor. Cost comparison and warranty coverage is researched by Fleet Management and Fleet will make the decision based on what is in the best interest for the City. Extended Warranties First year models and specialized vehicles receive more consideration based on the complexity of the vehicle. In the case of a Police or Fire take home vehicle we made a conscious decision to not purchase extended warranties as of 2003 because the vehicle has been proven to perform well up to the 85,000 miles and beyond with no major repairs. To date we have saved $1,731,231 in warranty. 248 Commission Memorandum February 08, 2012 Page4 Benefits of State and Contract Pricing Fleet Management typically utilizes Contracts from the State of Florida, Florida Sheriffs Association (FSA) and Government Services Association (GSA). Historically the Florida Sheriffs Association has been the primary contract used because they have consistently offered vehicles, equipment and services at the lowest cost to the City. FSA "request for bid" is sent to over 20 dealers throughout the state for police vehicles. The results are a 2,000 page contract document which covers everything from A TV's, motorcycles, police cars, rescue vehicles to waste haulers. Police Vehicles and Fire apparatuses being the bulk of the contract. This contract is a good example where the City benefits from the aggregate purchasing power of FSA, which are over 6,000 units statewide annually. In the absence of an approved available contract Fleet Management will formally bid any vehicle or equipment over $25,000. In the current acquisition the City will save $954,097 based on contract price versus MSRP. Surplus Vehicles and Equipment Once a vehicle or equipment is identified as "surplus" it is generally scheduled for sale at public auction or in some instances the vehicle/equipment may be used as a trade-in, offered to other law enforcement agencies at fair market value, whichever is in the best interest of the City. Surplus police vehicles are offered for sale "AS IS" fully equipped to other Police Agencies prior to being auctioned. These types of sales generally increase surplus value because we eliminate the expense of decommissioning the vehicle (removal of police equipment).This process effectively reduces the City's cost of ownership and completes the vehicles life cycle. The process that is utilized by the City extracts the remaining values from the vehicles and is applied to future purchases to reduce the new acquisition cost. Occasionally you will see a vehicle being replaced that has already been sent to auction. This is usually as a result of a vehicle being dead lined prior to replacement as the repair costs would exceed the value of the vehicle, the remaining service life is less than one (1) year and/or the vehicle is unsafe to operate. Additional Vehicles Purchase The Parking on Street department is adding four (4) 2012 Ford Focus for enforcement. These vehicles will be utilized by part time officers added in FY11 budget to cover all shifts. The CIP department is adding two (2) 2012 Ford Focus. The availability of two additional cars will improve accessibility to field staff visiting their projects on an on-going basis. The use of marked City cars will also have the serve to remind the community that there is City staff on the job monitoring the progress of our projects. These vehicles are approved budgeted additions. 249 Commission Memorandum February 08, 2012 PageS Recommendation All of the vehicles recommended for replacement have been evaluated to determine if the piece is still necessary for the functions performed and if its condition warrants deferred replacement. Given the age, high maintenance cost and down time, none of these vehicles can be deferred. Upon approval by the commission, the City Manager will direct Fleet Management at his discretion the vehicles and equipment that will receive final approval for purchase. CONCLUSION Based on the aforementioned, the Administration recommends that the City Commission approve the purchase of the budgeted replacement vehicles and equipment pursuant to Florida State Contract No. 11-19-0907 in the amount of $3,477,980.00. JMG/DB/AET/jt T:\AGENDA\2012\February 08\Fieet memo.doc 250 N CJ1 ~ MAJOR GROUPING OF VEHICLE/EQUIPMENT EXTENDED LIFE CYCLE !l!lll Normal Replacement Cycle in Years VAN UTILITY 3/4 TON TRUCK 4WD 3/4 TON CREW CAB TRUCK 4WD 3/4 TON TRUCK 2WD 1/2 TON TRUCK 2WD 1 TON UTILITY BODY CAR COMPACT VAN MINI/CARGO TRUCK 4WD 1/2 TON TRUCK 2WD 3/4 TON UTILITY BODY TRUCK 2WD 3/4 TON CREW CAB TRUCK 2WD 1 TON CREW CAB SEDAN FWD FULL SIZE-PURSUIT POLICE INTERCEPTOR UTILITY AWD CAR INTERMEDIATE SEDAN POLICE INTERCEPTOR-PURSUIT SEDAN FULL SIZE-ADMIN 111111 Extended Replacement Cycle in Years ru Acquisition to Delivery Cycle in Month 168 Vehicles/Equipment on the February 08,2012 Commission Agenda N CJ1 N **Maintenance, Repair, Accident 02/08/12 Page: 1 N CJ1 w **Maintenance, Repair, Accident 02/08/12 Page:2 N CJ1 ~ **Maintenance, Repair, Accident 02/08/12 Page:3 N CJ1 CJ1 **Maintenance, Repair, Accident 02/08/12 Page:4 N CJ1 0) **Maintenance, Repair, Accident 02/08/12 Page:5 N CJ1 ....... **Maintenance, Repair, Accident 02/08/12 Page:6 THIS PAGE INTENTIONALLY LEFT BLANK 258 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Purchase Budgeted Replacement Specialized Equipment Pursuant To Florida State Contract No.11-10-1202, Florida State Contract No. 11-19-0907 And GSA Contract No. GS-07F-0011J, In The Amount Of $967,819.91. Key Intended Outcome Supported: Increase community satisfaction with City Government. Supporting Data (Surveys, Environmental Scan, etc.): 97% of residents and 95% of businesses rated the overall quality of fire, EMR, Ocean Rescue preparedness as excellent or good. 79% of residents and 82% of businesses rated well-designed capital projects as excellent or good. Issue: I Shall the Mayor and City Commission approve the purchase? Item Summary/Recommendation: Five (5) 2012 Kawasaki Mules, one (1) 2012 Thomas School Bus, one (1) 2012 Boston Whaler, one (1) 2012 BoatMaster trailer, and one (1) 2012 Pierce Velocity PUC Pumper are approved budgeted replacements and will be funded by the Fleet Management Fund Capital Account No. 510-1780-000673. The Administration recommends approving the purchase. Financial Information: Source of /. ~lil'r~tfpt ... Funds: 1 $ 967,819.91 510-1780-000673 Fleet Management Fund Capital Account. 2 3 /\ / 4 1\ i/ !-'--,>.,-.., .• +"-,---+-------+----------------1 /, \ 6: ~~~+-------------~--------------------------------------~ I 'JI\ 1. I ~ ~~~.-+-----+-----------------------~ " 9 r-------~ ~~~+-------------~--------------------------------------~ 1;QC OBPI To~~·· $ 967,819.91 City Clerk's Office Legislative Tracking: T:\AGENDA\2012\February 08\Consent\Fieet Spec.Summ MIAMI BEACH 259 AGENDA ITEM _}<_2_£3 __ DATE 2-,3-/2. ~ MIAMI BEACH City of Miomi Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager .Jt:ZJ-,fPI' ..JM4 DATE: February 08, 2012 SUBJECT:REQUEST FOR APPROVAL TO PURCHASE BUDGETED REPLACEMENT AND VEHICLE ADDITIONS AND EQUIPMENT PURSUANT FLORIDA STATE CONTRACT NO. 11-10-1202, FLORIDA STATE CONTRACT NO. 11-19-0907 AND GSA CONTRACT NO. GS-07F-0011J IN THE AMOUNT OF $967,819.91. ADMINISTRATION RECOMMENDATION Approve the purchase. FUNDING $ 967,819.91 Funding is available from the Fleet Management Fund (510-1780-000673} previously appropriated in the adopted Capital Budget. ANALYSIS See attachments: BACKGROUND 1. All vehicles and equipment are scheduled for review and or replacement based on a pre-determined schedule using the average life expectancy based on industry standards and type of service for which the vehicle/equipment is being used. 2. Each year the Fleet Management capital budget for replacements is adjusted in accordance with the schedule. 3. Once the vehicle(s) reach the planned replacement schedule, the vehicle/equipment is physically inspected. 4. All information related to the vehicle is reviewed i.e. age, mileage/hours, maintenance cost, depreciation value, residual value, accident record and overall condition are taken into consideration. 260 Commission Memorandum February 08, 2012 Page2 5. Determination is made whether the vehicle(s) should be replaced or can safely remain in the fleet for an additional time period and still be cost effective to maintain. 6. The vehicles and equipment that are being replaced are based on the Fleet Management approved budget for FY11/12 and does not exceed the overall budgeted amount for the fiscal year. 7. Exceptions do occur when approved funds from a previous year are encumbered and carried forward. This usually is a result of the need to revise specifications based on current situation and customer requirements. 8. Manufacturers may phase out makes and models due to exceeding their capacity to fill orders in any particular model year. Specifically the latter situation typically benefits the City by receiving a newer model vehicle with previous model year pricing. Additional Vehicle Assessment Beyond the typical vehicle analysis that is conducted, Fleet Management in conjunction with the affected Departments has adopted a temporary added level of review to assist in helping to balance the budget. The additional review is intended to assure that the vehicle is absolutely needed in order to perform the functions of the respective Department and if so, can the vehicle be deferred safely for an additional year. This added review is a temporary measure as eventually maintenance costs will increase as the fleet ages, to the point that the policy becomes counterproductive. This additional review was started in fiscal year 08/09. It is a balancing act to determine if the deferral will cost more in added maintenance cost versus the savings from the deferral and is shown in the accompanying attachments as 'Original Replacement Schedule'. Three (3) of the Nine (9) total vehicles being replaced are two (2) years or more past their Life Expectancy equating to 33.00%. Six (6) are between zero (0) and two (2) years past their Life Expectancy equating to 67.00%. In all instances the useful life of the vehicle has been completed or no longer cost effective to operate or maintain. Vehicle/Equipment Acquisitions In preparing the annual fleet acquisitions list, Fleet Management analyzes contract pricing when such contracts are available and within the guidelines of the City Procurement Policy. The analysis of the State wide contracts is critical as this review affects the decision to use the contracts or pursue a separate bid. Historically, and again in this fiscal year, the review indicates that use of the large State wide contracts are much more advantageous to the City than bidding on our own. When the Contracts are compared to the manufacturer's suggested retail price (MSRP), the pricing historically and also in this year, is significantly lower because certain Fleet dealers, usually high volume factory recognized, receive a "price concession" from the vehicle manufacturers when bidding on government contracts. 261 Commission Memorandum February 08, 2012 Page3 Upfitting of Vehicles and Equipment Upfitting of vehicles and equipment is accomplished through the OEM (Original Equipment Manufacturer) or a third party vendor. Cost comparison and warranty coverage is researched by Fleet Management and Fleet will make the decision based on what is in the best interest for the City. Benefits of State and Contract Pricing Fleet Management typically utilizes Contracts from the State of Florida, Florida Sheriffs Association (FSA) and Government Services Association (GSA). Historically the Florida Sheriffs Association has been the primary contract used because they have consistently offered vehicles, equipment and services at the lowest cost to the City. FSA "request for bid" is sent to over 20 dealers throughout the state for police vehicles. The results are a 2,000 page contract document which covers everything from A TV's, motorcycles, police cars, rescue vehicles to waste haulers. Police Vehicles and Fire apparatuses being the bulk of the contract. This contract is a good example where the City benefits from the aggregate purchasing power of FSA, which are over 6,000 units statewide annually. In the absence of an approved available contract Fleet Management will formally bid any vehicle or equipment over $25,000. In the current acquisition the City will save $111,951.43 based on contract price versus MSRP. Surplus Vehicles and Equipment Once a vehicle or equipment is identified as "surplus" it is generally scheduled for sale at public auction or in some instances the vehicle/equipment may be used as a trade-in, offered to other law enforcement agencies at fair market value, whichever is in the best interest of the City. This process effectively reduces the City's cost of ownership and completes the vehicles life cycle. The process that is utilized by the City extracts the remaining values from the vehicles and is applied to future purchases to reduce the new acquisition cost. Occasionally you will see a vehicle being replaced that has already been sent to auction. This is usually as a result of a vehicle being dead lined prior to replacement as the repair costs would exceed the value of the vehicle, the remaining service life is less than one (1) year and/or the vehicle is unsafe to operate. Recommendation All of the vehicles recommended for replacement have been evaluated to determine if the piece is still necessary for the functions performed and if its condition warrants deferred replacement. Given the age, high maintenance cost and down time, none of these vehicles can be deferred. Upon approval by the commission, the City Manager will direct Fleet Management at his discretion the vehicles and equipment that will receive final approval for purchase. 262 Commission Memorandum February 08, 2012 Page4 CONCLUSION Based on the aforementioned, the Administration recommends that the City Commission approve the purchase of the budgeted replacement vehicles and equipment pursuant to Florida State Contract No. 11-10-1202 and GSA contract No.GS-07F-0011J in the amount of $967,819.91 JMG/DB/AET/jt T:\AGENDA\2012\February 08\Fieet Spec.memo.doc 263 N 0) ~ Vehicle Tvpe N 0) CJ1 MAJOR GROUPING OF VEHICLE/EQUIPMENT EXTENDED LIFE CYCLE illlll Normal Replacement Cycle in Years illlll Extended Replacement Cycle in Years m Acquisition to Delivery Cycle in Month FIRE ENGINE/PUMPER BUS PASSENGER BOAT TRAILER BOAT OCEAN RESCUE UTILITY CART-DIESEL 9 Vehicles/Equipment on the February 08, 2012 Commission Agenda [R2B] THIS PAGE INTENTIONALLY LEFT BLANK 266 R5 ORDINANCES 267 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amending Chapter 66, "MARINE STRUCTURES, FACILITIES AND VEHICLES," ARTICLE IV, "VESSELS," SECTION 66-151, "LAUNCHING AND HAULING," To Prohibit Docking, Securing, Embarking Or Disembarking Vessels At Municipal Or Public Seawalls, Wharfs, Docks Or Bulkheads In Single Family Neighborhoods. Key Intended Outcome Supported: Increase community satisfaction with City Government Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction Survey, 87% of respondents of the environmental scan reported Miami Beach as an Excellent/Good place to live, 96.3% of espondents feel safe or somewhat safe in their neighborhood during the day while 89.6% feel safe or somewhat safe during the evening/night. Issue: Shall the Mayor and the City Commission Approve The Amendments to the Ordinance? Item Summary/Recommendation: SECOND READING -PUBLIC HEARING Following the receipt of complaints by the City of problems with persons docking at public seawalls in single family neighborhoods, the attached ordinance was prepared at the request of Commissioner Weithorn. The City Commission referred the ordinance on October 19, 2011, to the Neighborhoods/Community Affairs Committee. On December 8, 2011, the Committee recommended its adoption to the City Commission. The City Commission approved the Ordinance on First Reading on January 11, 2012. The ordinance prohibits persons from docking or securing vessels, and embarking or disembarking, at any public seawall in a single family neighborhood, except in the event of an emergency involving safety to life or property. The ordinance is within the authority of the City to enact under its police power, in order to protect the public health, safety and welfare. This restriction is also intended to reduce crime and trespass to abutting private property. Enforcement of the ordinance would be in response to citizen complaints, or a "complaint driven" approach. However, signs will be posted on or next to the seawall informing the public of the regulation. Enforcement will be either by Code Compliance or the Police, with penalties for any violation as set forth in the ordinance. The ordinance is not affected by recent State legislation limiting the city's authority to regulate anchoring in navigable waters. Recommended by Neighborhoods/Community Affairs Committee December 8, 2011. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: The estimated cost for fabricating and installing signs at 28 seawall locations determined by Public Works to be affected by this ordinance is $5,600. The cost of enforcement of the proposed ordinance, if enacted, is estimated at approximately $1,100 per year based on the current frequency of complaints, which can be accomplished with existing staff. Clerk's Office Le islative Trackin City Attorney's Office Si n-Offs: Department Director MIAMI BEACH 269 AGENDA ITEM ____:.R_S_A.:..._ DATE :J_ -8 ~ (2- m MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Flarida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM February 8, 2012 SECOND READING PUBLIC HEARING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66, "MARINE STRUCTURES, FACILITIES AND VEHICLES," ARTICLE IV, "VESSELS," SECTION 66-151, "LAUNCHING AND HAULING," TO PROHIBIT DOCKING, SECURING, EMBARKING OR DISEMBARKING VESSELS AT MUNICIPAL OR PUBLIC SEAWALLS, WHARFS, DOCKS OR BULKHEADS IN SINGLE FAMILY NEIGHBORHOODS, CREATING EXCEPTIONS, PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. BACKGROUND Following the receipt of complaints by the City of problems with persons docking at public seawalls in single family neighborhoods, the attached ordinance was prepared at the request of Commissioner Weithorn. The City Commission referred the ordinance on October 19, 2011, to the Neighborhoods/Community Affairs Committee. On December 8, 2011, the Committee recommended its adoption to the City Commission. The City Commission approved the Ordinance on First Reading on January 11, 2012. ANALYSIS The ordinance prohibits persons from docking or securing vessels, and embarking or disembarking, at any public seawall in a single family neighborhood, except in the event of an emergency involving safety to life or property. The ordinance is within the authority of the City to enact under its police power, in order to protect the public health, safety and welfare. This restriction is also intended to reduce crime and trespass to abutting private property. Enforcement of the ordinance would be in response to citizen complaints, or a "complaint driven" approach. However, signs will be posted on or next to the seawall informing the public of the regulation. Enforcement will be either by Code Compliance or the Police, with penalties for any violation as set forth in the ordinance. The ordinance is not affected by recent State legislation limiting the city's authority to regulate anchoring in navigable waters. As you will note, the ordinance has been revised to include a defined fine schedule and appeals process, as well as to clarify who has authority to enforce. 270 Commission Memorandum Ordinance -Docking at Public Seawalls in Single Family Neighborhoods February 8, 2012 Page 2of 2 FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The estimated cost for fabricating and installing signs at 28 seawall locations determined by Public Works to be affected by this ordinance is $5,600. The costs of enforcement of the proposed ordinance, if enacted, is estimated at approximately $1,100 per year based on the current frequency of complaints, which can be accomplished with existing staff. CONCLUSION The proposed ordinance is intended to address concerns relating to public safety. JMG/JS/GMH/s T:\AGENDA\2012\2-8-12\Docking Memo Second Reading 2-8-2012.doc 271 ORDINANCE NO. __ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66, "MARINE STRUCTURES, FACILITIES AND VEHICLES," ARTICLE IV, "VESSELS," SECTION 66-151, "LAUNCHING AND HAULING," TO PROHIBIT DOCKING, SECURING, EMBARKING OR DISEMBARKING VESSELS AT MUNICIPAL OR PUBLIC SEAWALLS, WHARFS, DOCKS OR BULKHEADS IN SINGLE FAMILY NEIGHBORHOODS, CREATING EXCEPTIONS, PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Code, Chapter 66, provides for the regulation of vessels and docking, including limitations on docking at public and private land within the City, as permitted by State law; and WHEREAS, the City Commission has received complaints about persons docking at public seawalls in single family neighborhoods causing problems and concerns in such neighborhoods; and WHEREAS, the City Attorney drafted an ordinance at the request of Commissioner Weithorn that addresses the problem by prohibiting such dockage, with certain exceptions; and WHEREAS, the ordinance was presented to the Neighborhoods and Community Affairs Committee on December 8, 2011, which recommended its adoption; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: Section 1. Chapter 66, "Marine Structures, Facilities and Vehicles," Article IV, "Vessels," Section 66-151, "Launching and hauling," is hereby amended as follows: Sec. 66-151. -Launching1 ami hauling, and docking at public seawall, etc., prohibited . .@). No person shall launch or remove any vessel from the waters of the city over any public seawall, sidewalk, street end, or public property except at locations where a regular business of launching and hauling vessels is conducted, which has the necessary equipment to do such work, or in areas designated and posted for such purpose by the city. (b) Docking at public seawalls in single family neighborhoods prohibited. (1) No person shall dock or otherwise secure any vessel, or embark or disembark any passengers or charter parties. at any municipal or public seawall. wharf. dock. or bulkhead. in a single family neighborhood. except in case of emergency involving safety to life or property. 1 of 3 272 (2) Enforcement and Penalties. (a) Civil fine for violators. The following civil fines shall be imposed for a violation of this section: (1) First offense within a 12 month period a fine of $100.00; (2) Second offense within a 12 month period a fine of $250.00; (3) Fourth offense within a 12 month period a fine of $500.00; and (4) Fifth offense within a 12 month period a fine of $1000.00: and (5) Sixth offense and subsequent offenses within a 12 month period a fine of $2,500.00. (b) Enforcement. The code enforcement department or the Miami Beach Police Department. shall enforce the provisions of this section. This shall not preclude other law enforcement agencies or regulatory bodies. from any action to assure compliance with this section and all applicable laws. If such Officer finds a violation of this section, the Officer shall issue a Notice of Violation to the violator. The Notice of Violation shall inform the violator of the nature of the violation. amount of fine for which the violator is liable, instructions and due date for paying the fine, notice that the Violation may be appealed by requesting an administrative hearing within ten days after service of the Notice of Violation. and that failure to appeal the violation within the ten days, shall constitute an admission of the violation and a waiver of the right to a hearing. (c) Rights of violators: payment of fine; right to appear: failure to pay civil fine or to appeal. (1) A violator who has been served with a Notice of Violation shall elect either to: a. Pay the civil fine in the manner indicated on the Notice of Violation; or b. Request an administrative hearing before a special master to appeal the Notice of Violation within 1 0 days of the issuance of the notice of violation. (2) The procedures for appeal by administrative hearing of the Notice of Violation shall be as set forth in sections 30-72 and 30-73. (3) If the named violator, after issuance of the Notice of Violation, fails to pay the civil fine. or fails to timely request an administrative hearing before a special master, the special master shall be informed of such failure by report from the Officer. Failure of the named violator to appeal the decision of the Officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special master. and be treated as an admission of the violation. and fines and penalties may be assessed accordingly. (4) A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien upon any real or personal property owned by the violator and it may be enforced in the same manner as a court judgment by the sheriffs of this state. including levy against the violator's personal property. but shall not be deemed to be a court judgment except for enforcement purposes. After two months from the recording of any such lien that which remains unpaid, the city 2 of3 273 may foreclose or otherwise execute upon the lien. (5) Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. (6) The Special Master shall be prohibited from hearing the merits of the Notice of Violation or consideration of the timeliness of the request for an administrative hearing. if the violator has failed to request an administrative hearing within ten (1 0) days of the issuance of the Notice of Violation. 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 _________ , 2012. ATTEST: CITY CLERK First Reading: January 11, 2012 Second Reading: February 8, 2012 Underscore denotes new language. Strikethrough denotes deleted language. MAYOR APPROVED AS TO FORM AND LANGUAGE & FOR XE UTION Date T:\AGENDA\2012\2-8-12\Docking Ordinance Single Family Second Reading 2-8-2012.doc 3 of 3 274 . .. .... ... ....... ............ . ...................... ..... . fitG~ "dl.j~JVS: ~ MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Genter Drive, Miami Beach, Florida, on WEDNESDAY FEBRUARY, 8TH, 2012 to consider the following: 10:20a.m. Ordinance Amending Chapter 66, "Marine Structures, Facilities And Vehicles," Article IV, "Vessels,".Section 66-151, "Launching And Hauling," To Prohibit Docking, Securing, Embarking Or Disembarking Vessels At Municipal Or Public Seawalls, Wharfs, Docks Or Bulkheads In Single Family Neighborhoods, Creating Exceptions. lllquiries may be directed to the Legal Department at (305) 673-7470. 10:25 a.m. Temporary Removal Of Parking Spaces An Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter 82, "Public Property," Amending Section 82-384, "Permitted Sidewalk Cafe Frontage; Requests For Expansion," To Permit Sidewalk Cafes To Extend Into A Loading Zone Fronting A Restaurant. Inquiries may be directed. to the Planning Department at (305) 673-7550. 10:30a.m. Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 118, "Administrative And Review Procedures," Article II, "Boards," Divi!lion 5, "Board Of Adjustment;" Section 118-134, "Notification Of Hearings;" Article IV, "Conditional Use Procedure," Section 118-193 "Applications For Conditional Uses"; Article VI, "Design Review Procedures;" Article.X, "Historic Preservation;" And Article XI "Neighborhood Cmiservation Districts (NCO);" To Clarify That Continuances Shall Be Noticed By Mail After The First. Continuance Granted By A Land Use Board. Inquiries m'~y be directed to the Planning Department at (305) 673-7550. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agerit, 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,1 st 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: it a person decides to appeal ariy decision made by the City Commission -with· respect to any matter considered at its meeting or ·its hearing, such person must ensure that a verbatim record of the proceedings-is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, I 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) 673-7218 (TTY) five. days in advance to initiate your request. TrY users may -also call 711 (Florida Relay Service). 1 ·Ad#690i J. : l: = .... L.f:;) THIS PAGE INTENTIONALLY LEFT BLANK 276 COMMISSION ITEM SUMMARY Condensed Title: Amending Section 82-384, "Permitted Sidewalk Cafe Frontage; Requests For Expansion," To Permit Sidewalk Cafes To Extend Into A Loadin Zone Frontin A Restaurant. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc.): While nearly half, 47.6%, suggested the effort put forth by the City to regulate development is "about the right amount," nearly one-third, 29.6%, indicated "too little" effort is being put forth by the City in this area. Issue: Should the City Commission amend the City Code to allow temporary removal of parking spaces to ermit the ex ansion of sidewalk cafes into a loadin zone frontin a restaurant? Item Summary/Recommendation: SECOND READING PUBLIC HEARING In order to consider the use of the parking spaces for additional sidewalk cafe for businesses along Espanola Way between Drexel Avenue and Washington Avenue, the following should be considered: emergency access, traffic circulation, adjacent land uses and special events. There are several restaurants that provide sidewalk cafe along Espanola Way between Drexel Avenue and Washington Avenue that would benefit should the proposed amendment is approved. The amendment would allow an extension of the sidewalk cafes into a loading zone subject to certain restrictions such as when the street is closed to traffic during certain days or hours; all equipment placed in the loading zone is removed at the close of business each night; a permit is required and a fee is paid. Notwithstanding, the Administration has concerns relative to emergency access, traffic circulation, and the ability of adjacent land uses to utilize the street for accessibility and connectivity to other streets. The Administration recommends that the City Commission adopt the proposed ordinance. Advisory Board Recommendation: At its May 18, 2011 meeting, the LUDC recommended to refer this item to the full Commission; the recommendation was submitted with the Committee afteraction at the June 1, 2011 City Commission meeting. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI 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 determined that there may not be a measurable impact on the City's budget by not enacting the proposed ordinance. MlAMtBEACH 277 AGENDA nEM R S:B DATE 2-1f-IL ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager'\ ~ February 8, 2012 u ~COND READING PUBLIC HEARING DATE: SUBJECT: Temporary Removal of Parking Spaces AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 82, "PUBLIC PROPERTY," AMENDING SECTION 82-384, "PERMITTED SIDEWALK CAFE FRONTAGE; REQUESTS FOR EXPANSION," TO PERMIT SIDEWALK CAFES TO EXTEND INTO A LOADING ZONE FRONTING A RESTAURANT; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed ordinance. BACKGROUND September 27, 2010: The Land Use and Development Committee (LUDC) discussed strengthening the process by which permanent parking spaces may be removed from City inventory, by limiting the purpose and/or requiring Commission approval. At the meeting the Committee voted to direct City staff to prepare the ordinance and send to the full Commission and to come back to the Committee with a discussion on the temporary removal of parking spaces by adjacent commercial uses (e.g. sidewalk cafe uses). April 13, 2011: An ordinance prohibiting private requests for the permanent removal of parking spaces or loading zones except for the purpose of creating access to an off- street parking facility or other vehicular access to the property was adopted by the City Commission. May 18, 2011: The LUDC discussed the street section being reviewed at that time -the portion of Espanola Way between Drexel Avenue and Washington Avenue. According to information provided by the City's Public Works Department, Espanola Way is approximately 14 feet from curb to curb, with 5-foot sidewalks between the cafes and the buildings. The street also offers commercial loading zones (parking bays) at two specific locations on the north side and one on the south side. All the parking loading zones are restricted between the hours of 6:00 AM to 6:00 PM (30 minutes maximum) from 278 City Commission Memorandum Temporary removal of parking spaces February 8, 2012 Page2 Monday through Friday with no parking any other time. The street remains closed to thru traffic between 6:00 PM and 6:00 AM. Espanola Way is also closed to traffic from Friday at 6:00 PM thru Sunday at 9:00 AM. Espanola Way between Drexel Avenue and Washington Avenue is classified as a local street and serves to direct one way traffic on the westbound direction only. The intersection of Espanola Way and Washington Avenue is controlled by a traffic signal and offers opportunities for pedestrians to cross on all four legs of the intersection. Espanola Way at Drexel Avenue is also a four legged intersection but controlled by a stop sign. The following restaurants provide sidewalk cafe along Espanola Way between Drexel Avenue and Washington Avenue: Restaurant Address #of Seats Area (Square Feet) Oh Mexico 41 0 Espanola Way 94 1,064 A La Folie 516 Espanola Way 25 159 Hosteria Romana 429 Espanola Way 74 557 Tapas & Tintos 448 Espanola Way 37 310 Boteco Copacabana 437 Espanola Way 20 120 Pizzeria D'Angelo 1446 Washington Ave 50 436 Kane Express 455 Espanola Way 8 37 Segafredo Zanetti 1436 Drexel Ave 64 628 Total 372 3,311 An inventory of the number of seats and area covered by sidewalk cafe that each of these businesses offer is included in the attached spreadsheet (Attachment 2) provided by the Public Works Department. The LUDC recommended to refer this item to the full Commission; the recommendation was submitted with the Committee afteraction at the June 1, 2011 City Commission meeting. ANALYSIS The Administration has concerns relative to the proposed amendments because of the following issues: • Emergency Access Having the street closed to allow sidewalk cafe usage would impede the ability for fire trucks and other emergency services to provide an effective response. • Traffic Circulation The street is currently used to allow circulation to adjacent uses including other commercial and residential in addition to serving as a route to provide access for pick up and drop off for students attending the Fisher Feinberg Elementary School. 279 City Commission Memorandum Temporary removal of parking spaces February 8, 2012 Page3 Deliveries to businesses located on Espanola Way would also have to be considered as part of the overall plan. Currently deliveries utilize the commercial loading parking spaces and in some cases for larger trucks, they have been observed parking on the street often blocking through traffic since other convenient and accessible parking spaces are not available in the vicinity. A permanent closure of Espanola Way would require County approval and has to follow the requirements dictated as part of the Miami-Dade County Traffic Flow Modification Procedures which include a traffic study, public hearing and a vote from the residents affected by the modification. • Adjacent Land Uses In addition to the sidewalk cafe usage at the ground level along Espanola Way, there are other uses including residential and commercial that need to be considered. Those additional uses rely heavily on the ability to utilize Espanola Way for accessibility and connectivity to other streets. • Special Events In case the restaurant owners on Espanola Way would still like to follow up on the idea of using available parking spaces when not being used as part of the sidewalk cafe, an option would be to make that happen as part of a special event, in which case they would have to follow the City's special event permit procedure. The proposed amendments would be to Chapter 82, "Public Property," Section 82-384, "Permitted Sidewalk Cafe Frontage; Requests for Expansions," as follows: (a) Sidewalk cafes are restricted to the sidewalk frontage of the restaurant to which the permit is issued or, if the restaurant is an ancillary and/or secondary use to another type of business establishment, the sidewalk cafe shall be restricted to the sidewalk frontage of the building (or portion thereof) of the "primary" business establishment (within which the restaurant is located). Only a restaurant whose premises are on a ground floor adjacent to and fronting the sidewalk may be issued a sidewalk cafe permit. Sidewalk cafes may be extended into a loading zone fronting a restaurant as provided in subsection (d) below . .{Ql Loading zones in front of a ground floor restaurant use with sidewalk frontage and a sidewalk cafe permit may be used as part of an expanded sidewalk cafe permit area when the street on which the loading zone is located is closed to traffic. provided that the loading zone is within a street area that is regularly closed to traffic during certain days or hours, a minimum of five days each week. All platforms, tables and chairs in the loading zone shall be removed at the close of business each night. A permit modification will be required before use of a loading zone may commence. subject to suspension or revocation at the discretion of the Public Works Director. The fee for the temporary expanded sidewalk cafe permit area shall be as provided in Section 82-383, City Code. 280 City Commission Memorandum Temporary removal of parking spaces February 8, 2012 COMMISSION ACTION Page4 The City Commission approved the proposed ordinance on first reading at its January 11,2012 meeting. CONCLUSION The Administration recommends that the City Commission adopt the proposed ordinance. Pursuant to Section 2.05, "Procedures for Passing Ordinances Generally," a proposed ordinance may be read by title, or in full, on at least two (2) separate dates and shall, at least ten (10) days prior to adoption, be noticed once in a newspaper of general circulation in the municipality. After the public hearing, the City Commission may pass the ordinance with or without amendment. The effective date shall not be earlier than ten (10) days after its enactment. JMG/JGG/~b-ML T:\AGENDA\2012\2-8-12\Temporary removal of parking spaces memo.docx 281 ORDINANCE No.------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 82, "PUBLIC PROPERTY," AMENDING SECTION 82-384, "PERMITTED SIDEWALK CAFE FRONTAGE; REQUESTS FOR EXPANSION," TO PERMIT SIDEWALK CAFES TO EXTEND INTO A LOADING ZONE FRONTING A RESTAURANT; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, on September 15, 2010, the Mayor and Commission referred the issue of permanent parking space removals from City inventory to the Land Use and Development Committee (LUDC); and WHEREAS, on September 27, 2010, the LUDC held a discussion regarding strengthening the process by which permanent parking spaces may be removed from City inventory, for instance by limiting the purpose and/or requiring Commission approval; and WHEREAS, at the May 18, 2011 meeting the LUDC discussed the temporary removal of parking spaces for additional sidewalk cafe seating and recommended to send it to the full City Commission; and WHEREAS, on June 1, 2011 the full City Commission ratified this directive from the LUDC through approval of the LUDC Committee report on the Consent Agenda; 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 CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Chapter 82, "Public Property," Section 82-384, "Permitted sidewalk cafe frontage; requests for expansions," is hereby amended as follows: Sec. 82-384. Permitted sidewalk cafe frontage; requests for expansions. (a) Sidewalk cafes are restricted to the sidewalk frontage of the restaurant to which the permit is issued or, if the restaurant is an ancillary and/or secondary use to another type of business establishment, the sidewalk cafe shall be restricted to the sidewalk frontage of the building (or portion thereof) of the "primary" business establishment (within which the restaurant is located). Only a restaurant whose premises are on a ground floor adjacent to and fronting the sidewalk may be issued a sidewalk cafe permit. Sidewalk cafes may be extended into a loading zone fronting a restaurant as provided in subsection (d) below. * * * 1 of 2 282 @ Loading zones in front of a ground floor restaurant use with sidewalk frontage and a sidewalk cafe permit may be used as part of an expanded sidewalk cafe permit area when the street on which the loading zone is located is closed to traffic. provided that the loading zone is within a street area that is regularly closed to traffic during certain days or hours. a minimum of five days each week. All platforms. tables and chairs in the loading zone shall be removed at the close of business each night. A permit modification will be required before use of a loading zone may commence. subject to suspension or revocation at the discretion of the Public Works Director. The fee for the temporary expanded sidewalk cafe permit area shall be as provided in Section 82-383. City Code. 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 _______ , 2012. ATTEST: CITY CLERK First Reading: Second Reading: Verified by:--------- Richard G. Lorber, AICP Acting Planning Director Underscore denotes new language. Strikethrough denotes deleted language. MAYOR APPROVED AS TO FORM & LANGUAGE FOR EXECUTION T:\AQENDA\2012\1-11-12\temporary removal of parking spaces-ord rev gh 1st reading 1-6-12.doc 2 of2 283 MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on WEDNESDAY FEBRUARY, 8TH, 2012 to consider the following: 10:20a.m. Ordinance Amending Chapter 66, "Marine Structures, Facilities And Vehicles," Article IV, "Vessels,n Section 66-151, "Launching And Hauling," To Prohibit Docking, Securing, Embarking Or Disembarking Vessels At Municipal Or Public Seawalls, Wharfs, Docks Or Bulkheads In Single Family Neighborhoods, Creating Exceptions. lhquiries may be directed to the Legal Department at (305) 673-7470. 10:25 a.m. Temporary Removal Of Parking Spaces An Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter 82, "Public Property," Amending Section 82-384, "Permitted Sidewalk Cafe Frontage; Requests For Expansion,"To Permit Sidewalk Cates To Extend Into A Loading Zone Fronting A Restaurant. Inquiries may be directed to the Planning Department at (305) 673-7550. 10:30a.m. Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 118, "Administrative And Review Procedures," Article II, "Boards," Oivi!)ion 5, "Board Of Adjustment;• Section 118-134, "Notification Of Hearings;" Article IV, "Conditional Use Procedure," Section 118-193 "Applications For Conditional Uses"; Article VI, "Design Review Procedures;" Article X, "Historic Preservation;" And Article XI i "Neighborhood Conservation Districts (NCO);" To Clarify That Continuances Shall Be Noticed By Mail After The First Continuance Granted By A Land Use Board. . . -Inquiries may be directed to the Planning Department at (305) 673-7550. 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 City Clerk's Office, 1700 Convention Center Drtve,~st Floor, City Hall, and Miami Beach, Florida33139. 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 ariy decision made by the City Commission -with· respect to any matter considered at its meeting or ·its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. 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) 673-7218 (TTY) five. days in advance to initiate your request. TTY users may -also call 711 (Florida Relay Service). I· ·Ad#600!1. :)== ,_. ···~H4 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida Amending The Land Development Regulations By Amending Chapter 118, Article II, "Boards," to clarify that continuances shall be noticed by mail and newspaper after the first continuance granted by a Land Use Board. Key Intended Outcome Supported: Supporting Data (Surveys, Environmental Scan, etc.): Regulatory Issue: Should the City Commission amend the Land Development Regulations ofthe City Code clarifying that continuances shall be noticed b mail after the first continuance ranted b a Land Use Board? Item Summary/Recommendation: Second Reading Public Hearing The City Code requires notice to be given of public hearings for the City's four Land Use Boards. These notice requirements were amended to 30 days. Public hearings are noticed by newspaper and mailed notice to surrounding property owners within 375 feet ofthe subject property. Generally, subsequent hearings are not the subject of Code required legal notice, as they were notified of the initial hearing and could presumably follow the progress of subsequent continuances or deferrals. Planning Department staff has in the past generally advertised the continued items along with new public hearings in the monthly newspaper notice. Mailed notices have also been sent out in some cases as a courtesy notice, but not to fulfill legal requirements. However, now that the required legal notice has been extended to 30 days, staff is required to advertise the following month's hearing prior to the current month's hearing taking place, precluding the ability to include in the notice any items that were continued. The 30-day notice requirement for all land use board applications has broadened the timeframe for noticing upcoming public hearings, thereby increasing community awareness and the ability to respond to potential concerns. However, this longer timeframe for board applications has the potential to become burdensome to applicants with special hardships. At its January 11, 2012 meeting, the City Commission approved the proposed ordinance on first reading, but modified it so that the notice for continuances after the first one granted by a LUB would be mailed within 21 days rather than 30 and also noticed in the newspaper 15 days before the meeting. This would allow for continuances to the following month's meeting for almost every month, with a few exceptions. The Administration recommends that the City Commission adopt the proposed Ordinance as amended (with a 21-day mailed notice and 15 day newspaper notice) upon second reading public hearing. Advisory Board Recommendation: At the Planning Board meeting of September 20, by a vote of 4-3, the Board recommended that the City Commission not adopt the ordinance. Several reasons were cited, among them stating that the ordinance was burdensome and costly and it would add unnecessary expense to an applicant. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI 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 has estimated that there will be a measurable impact on the City's budget by enacting the proposed ordinance of approximately $2,000 per year. Clerk's Office Le islative Trackin MIAMI BEACH 285 AGENDA 1tsM R s-c DATE 1.-_.g-12.. ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: February 8, 2012 SECOND READING PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE II, "BOARDS," DIVISION 5, "BOARD OF ADJUSTMENT," SECTION 118-134, "NOTIFICATION OF HEARINGS;" ARTICLE IV, "CONDITIONAL USE PROCEDURE," SECTION 118-193 "APPLICATIONS FOR CONDITIONAL USES"; ARTICLE VI, "DESIGN REVIEW PROCEDURES;" ARTICLE X, "HISTORIC PRESERVATION;" AND ARTICLE XI "NEIGHBORHOOD CONSERVATION DISTRICTS (NCO) ;" TO CLARIFY THAT CONTINUANCES SHALL BE NOTICED BY MAIL AND NEWSPAPER AFTER THE FIRST CONTINUANCE GRANTED BY A LAND USE BOARD; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed Ordinance as amended (with a 21-day mailed notice and 15 day newspaper notice) upon second reading public hearing. BACKGROUND A discussion of the notice requirements for all Land Use Boards, (specifically, the requirement to send follow-up notices to residents after an initial meeting), was referred to the Land Use and Development Committee by the City Commission on January 19, 2011, at the request of Commissioner Wolfson. This referral was made due to concerns that when land use board hearings are repeatedly deferred or continued, and when they finally occur, the public is unaware of the hearing and final outcome. Land use boards will often direct additional noticing by mail to be undertaken when an item is continued repeatedly. However, typically, when an item is opened and continued to a date certain, it is notre-noticed. The Committee discussed an amendment allowing one continuance without re-noticing, and then after that requiring full notice for any additional continuances. Staff also discussed the costs associated with additional newspaper advertising, citing an extra ad every month may be required. On April 21, 2011, the LUDC requested, through a motion made by Commissioner Gongora and seconded by Commissioner Exposito (approved by a 3-0 vote), that an ordinance be prepared and forwarded to the Planning Board for review and comment wherein one 286 February 8, 2012 Commission Memorandum Ordinance -Noticing Requirements for Continuances Page 2of4 continuance may be permitted without mail notice, but further requests for continuance shall be fully noticed by mail. The Committee also requested that any alternatives recommended by the Board should be presented to the Land Use Committee prior to Commission. ANALYSIS The City Code requires notice to be given of public hearings for the City's four Land Use Boards. These notice requirements were recently amended to extend them from 15 days to 30 days (see attached ordinance). Public hearings are noticed by newspaper and mailed notice to surrounding property owners within 375 feet of the subject property. However, as many things may come up at the public hearing, sometimes a Board will continue a matter for one or more months. Generally, these subsequent hearings are not the subject of Code required legal notice, as they were notified of the initial hearing and could presumably follow the progress of subsequent continuances or deferrals. Planning Department staff has in the past generally advertised the continued items along with new public hearings in the monthly newspaper notice. Mailed notices have also been sent out in some cases as a courtesy notice, but not to fulfill legal requirements. However, now that the required legal notice has been extended to 30 days, staff is required to advertise the following month's hearing prior to the current month's hearing taking place, precluding the ability to include in the notice any items that were continued. In the case where an ordinance that is applicable citywide is referred by the City Commission, as a City-sponsored amendment, the ordinance title is published in the newspaper at the same time that other items are published for a regular Planning Board meeting. When the ordinance is continued by the Planning Board, it is usually continued for two months because lack of time to publish in the newspaper, following the new 30-day notice requirement. This, of course, imparts a certain cost that is not recoverable by the City, as the City is the applicant. The 30-day notice requirement for all land use board applications has broadened the timeframe for noticing upcoming public hearings, thereby increasing community awareness and the ability to respond to potential concerns. However, this longer timeframe for board applications does have the potential to become burdensome to applicants with special hardships. For instance, if a building permit plan review finds that a minor variance is necessary for approval, the ability to obtain such a variance quickly may be reduced. One approach, which was referred by Commissioner Tobin and will be the subject of a future discussion, might be to reduce the notice requirement for a selected list of variances, perhaps limited to single family homeowners, which might include minor variances for things such as swimming pools and decks, air conditioning units and generators, or small additions, while still requiring the full thirty (30) day notice for major projects. The goal would be to find the proper balance between enhancing adjacent property owner and/or neighborhood notification on the one hand, and improving efficiency and streamlining governmental procedures on the other. Staff is working on a list of minor variances for which the required notice could potentially be reduced, as per a previous committee referral. Another alternative put forward by staff to the LUDC was that if re-noticing was desired in all cases, the minimum notice period that would permit enough time for continued cases to be advertised in the newspaper for the following month's hearing was determined to be twenty- one days. However, the LUDC discussed and rejected this concept in favor of the subject ordinance. 287 February 8, 2012 Commission Memorandum Ordinance -Noticing Requirements for Continuances PLANNING BOARD ACTION Page 3of4 The proposed ordinance forwarded by the LUDC to the Planning Board was for a 30 day required mailed and newspaper notice, after the first continuance. The Board reviewed this proposal at its July 2011 meeting where several issues were raised, i.e. • Board requests supplemental information or more research; • Less than a quorum or less than a supermajority number of board members are present, or the exact minimum number of members required for approval are present (typically called a short board); • Request precedes the opening of the item; • Affected party requests continuance; or • Applicant requests a continuance. The ordinance was revised, but only with language clarifying that the agenda items that the board cannot consider due to the absence of a quorum should be automatically continued to the board's next regular meeting without further required notice. At the Planning Board meeting of September 20, 2011 the ordinance was reviewed again and by a vote of 4-3, the Board recommended that the City Commission not adopt the ordinance. Several reasons were cited, among them stating that the ordinance was burdensome and costly and it would add unnecessary expense to an applicant. REVIEW OF PROPOSED AMENDMENTS BY PLANNING BOARD While the proposed ordinance addresses noticing requirements for all cases of independent applications before the four Land Use Boards, the ordinance does not address review of proposed amendments to the Land Development Regulations by the Planning Board. The current regulations in Section 118-162(2) specify that the notice requirement for the review of proposed amendments by the Planning Board "shall be the same as the notice required for the first public hearing before the City Commission." In practice, however, the Planning Department provides the same notice for LOR amendments being reviewed by the Planning Board as for all other applications before the Land Use Boards, i.e. 30 day notice in the newspaper. As most City ordinances are legislative and not site-specific, they generally do not require mailings, except in specific cases. Staff can continue to follow this practice, treating the review of ordinances the same was as independent applications, which would maximize public awareness of these issues. However, as explained below, it is these cases that may result in a small fiscal impact to the City. Note also that codifying this procedure would require a separate referral to the Planning Board as an amendment to this particular section was not advertised. FISCAL IMPACT Charter section 5.02 requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions." Staff has determined that there may be a small fiscal impact on the City's budget by enacting the proposed ordinance. The expense associated with the new policy would be for the publication of a second advertisement in the newspaper, noticing those items that were continued to the next Board meeting, and for postage for the required mailing. Staff estimates that the cost of the required newspaper ad would be somewhere between $200 and $300 per advertisement. Mailing costs would vary widely depending on the location and the number of properties within the required radius. 288 February 8, 2012 Commission Memorandum Ordinance-Noticing Requirements for Continuances Page 4 of 4 For private applications, these costs will be borne by individual applicants; the ordinance as proposed states that the cost of the newspaper and mail notification requirement shall be the responsibility of the applicant. As described in the section above, advertisements for the Planning Board review of amendments to the City Code and other City of Miami Beach sponsored items, the publication of notice in the newspaper will require payment from City funds. Staff has reviewed the past year's Planning Board agendas, and estimates that as currently proposed, this provision would have been triggered six times. This would suggest an average fiscal impact to the City of approximately $1 ,500 per year. As most City ordinances are legislative and not site-specific, they generally do not require mailings, except in specific cases. A rough estimate might be another $500 per year for mailing costs. Therefore, staff estimates a fiscal impact to the City of approximately $2,000 per year. CITY COMMISSION ACTION At the January 11, 2011 meeting, the City Commission approved the proposed ordinance on first reading, amending it to require a 21-day mailed notice and a 15-day newspaper notice. CONCLUSION The Administration recommends that the City Commission adopt the proposed Ordinance as amended (with a 21-day mailed notice and 15 day newspaper notice) upon second reading public hearing. Pursuant to Section 118-164(3) 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 of proposed enactment 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. 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. JMG/JGG/R~ML T:\AGENDA\2012\2-8-12\Noticing Requirements for Continuances MEMO REVISED.docx 289 "CONTINUANCES BY LAND USE BOARDS" ORDINANCE NO., ______ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE II, "BOARDS," DIVISION 5, "BOARD OF ADJUSTMENT," SECTION 118-134, "NOTIFICATION OF HEARINGS;" ARTICLE IV, "CONDITIONAL USE PROCEDURE," SECTION 118-193 "APPLICATIONS FOR CONDITIONAL USES"; ARTICLE VI, "DESIGN REVIEW PROCEDURES;" ARTICLE X, "HISTORIC PRESERVATION;" AND ARTICLE XI "NEIGHBORHOOD CONSERVATION DISTRICTS (NCO);" TO CLARIFY THAT CONTINUANCES SHALL BE NOTICED BY MAIL AND NEWSPAPER AFTER THE FIRST CONTINUANCE GRANTED BY A LAND USE BOARD; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the TRAG Committee recommendations make the Land Development Application and Review Process more transparent and accessible to the public; and WHEREAS, an important recommendation of the Committee was to extend the required mailed and newspaper notice for all four land use boards from 15 days to 30 days minimum; and WHEREAS, the City Commission adopted an ordinance requiring 30 days mailed notice on December 8, 2010, Ordinance No. 2010-3711; and WHEREAS, the Land Use and Development Committee believes that any continued item before any of the land use boards, either at a board or an applicant request should also be noticed by mail; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: Section 1. Chapter 118, "Administration and Review Procedures," Article II, Boards, Division 5,"Board of Adjustment," Section 118-134, "Notification of hearings" is hereby amended as follows: Sec. 118-134. Notification of hearings. The board of adjustment shall not vary or modify any regulation or provision of these land development regulations or hear an appeal of an administrative decision until a public hearing has been held. At least 30 days prior to the public hearing date, a description of the request, and the date, time and place of such hearing shall be (i) posted on the property, 1 of7 290 (ii) advertised in a paper of general paid circulation in the community, and (iii) given by mail to the owners of record of land lying within 375 feet of the property. This mailed notification requirement shall be the responsibility of the applicant. Where · the application is for an appeal of an administrative decision the preceding information shall be supplemented by an explanation of what is being appealed. The board may continue an application to a date certain at either the request of the applicant or at its own discretion, one time only with notice through a verbal announcement at the public meeting at the time of the board vote approving the continuance only one time. All further continuances of the same application shall be noticed by mail at least 30 21 days prior to the public hearing date. in accordance with the provisions of (i) through (iii) above, reposted on the property and noticed in a newspaper of aeneral paid circulation at least 15 davs prior to the public hearina date. The cost of mail notification and newspaper notice requirement shall be the responsibility of the applicant. Agenda items that the board cannot consider due to the absence of a quorum shall be automatically continued to the board's next regular meeting without further required notice Section 2. Chapter 118, "Administration and Review Procedures," Article IV, "Conditional Use Procedure," Sec. 118-193. "Applications for conditional uses" is hereby amended as follows: Sec. 118-193. Applications for conditional uses. * * * Applications for approval of a conditional use shall be submitted to the planning department, which shall prepare a report and recommendation for consideration by the planning board, and when required, by the city commission. Within a reasonable time, but in no instance less than 30 days after receipt of a completed application, the board shall hold a public hearing, at which parties in interest and citizens shall have an opportunity to be heard. At least 30 days prior to the public hearing date, a description of the request, and the_date, time and place of such hearing shall be: .ill posted on the property, {ill advertised in a paper of general paid circulation in the community, and (iii) given by mail to the owners of record of land lying within 375 feet of the property. This mailed notification requirement shall be the responsibility of the applicant. The board may continue an application to a date certain at either the request of the applicant or at its own discretion. one time only with notice through a verbal announcement at the public meeting at the time of the board vote approving the continuance onlv one time. All further continuances of the same application shall be noticed by mail at least 30 21 days prior to the public hearing date, in accordance with the provisions of ffi through (iii) above, reposted on the property and noticed in a newspaper of general paid circulation at least 15 days prior to the public hearing date. The cost of mail notification and newspaper notice requirement shall be the responsibility of the applicant. Agenda items that the board cannot consider due to the absence of a quorum shall be automatically continued to the board's next regular meeting without further required notice 2 of7 291 Section 3. Chapter 118, "Administration and Review Procedures," Article VI, "Design Review Procedures," is hereby amended as follows: Sec. 118-254. "Decision of design review board" * * * (b) At least 30_days prior to the public hearing date, a description of the request, and the date, time and place of such hearing shall be: (i) posted on the property, (ii) advertised in a paper of general paid circulation in the community; and (iii) given by mail to the owners of record of land lying within 375 feet of property. The mail notification requirement shall be the responsibility of the applicant. Additionally, courtesy notice shall also be given to any state nonprofit community organization which has requested of the director in writing to be notified of board hearings. * * * Sec. 118-257. Deferrals, continuances, and withdrawals. (a) An applicant may defer an application before the public hearing only one time. The request to defer shall be in writing. When an application is deferred, it shall be re- noticed at the applicant's expense as provided in section 118-254. The applicant shall also pay a deferral fee as set forth in this article. In the event that the application is not presented to the design review board for approval at the meeting date for which the application was deferred, the application shall be deemed null and void. If the application is deferred by the board, the notice requirements shall be the same as for a new application as provided in section 118-254, and shall be at the city's expense. (b) The board may continue an application to a date certain at either the request of the applicant or at its own discretion, one time only with notice through a verbal announcement at the public meeting at the time of the board vote approving the continuance onlv one time. All further continuances of the same application shall be noticed by mail at least 30 21 days prior to the public hearing date, in accordance with the provisions of (i) through and (iii) above section 118-254lblliiil. reposted on the property and noticed in a newspaper of general paid circulation at least 15 days prior to the public hearing date. The cost of mail notification and newspaper notice requirement shall be the responsibility of the applicant. Agenda items that the board cannot consider due to the absence of a quorum shall be automatically continued to the board's next regular meeting without further required notice Section 4. Chapter 118, "Administration and Review Procedures," Article X, "Historic Preservation," is hereby amended as follows: Division 3. Issuance of Certificate of Appropriateness/Certificate to Dig/Certificate of Appropriateness for Demolition" * * * Section 118-563, "Review procedure" 3 of7 292 * * * (c) All applications for a certificate of appropriateness for the demolition or partial demolition of any building, structure, improvement, significant landscape feature, public interior or site individually designated in accordance with sections 118-591, 118-592 and 118-593, or located within an historic district and all applications for a certificate of appropriateness for new building construction, alteration, rehabilitation, renovation, restoration or any other physical modification of any building, structure, improvement, significant landscape feature, public interior or site individually designated in accordance with sections 118-591, 118-592 and 118-593, or located within an historic district shall only be considered by the board following a public hearing. At least 30 days prior to the public hearing date, a description of the request with the date, time and place of such hearing shall be: (i) posted on the property, (ii) advertised in a paper of general paid circulation in the community, and (iii) given by mail to the owners of record of land lying within 375 feet of the property. The mail notification requirement shall be the responsibility of the applicant. The board may continue an application to a date certain at either the request of the applicant or at its own discretion, one time only with notice through a verbal announcement at the public meeting at the time of the board vote approving the continuance onlv one time. All further continuances of the same application shall be noticed by mail at least 30 21 days prior to the public hearing date. in accordance with the provisions of (i) through (iii) above, reposted on the property and noticed in a newspaper of general paid circulation at least 15 davs prior to the public hearing date. The cost of mail notification and newspaper notice requirement shall be the responsibility of the applicant. Agenda items that the board cannot consider due to the absence of a quorum shall be automatically continued to the board's next regular meeting without further required notice * * * Division 4. Designation Sec. 118-591. Historic designation procedure. * * * (f) Public hearing; notification. A public hearing on a proposed historic preservation designation shall be conducted by the historic preservation board after the date a designation report has been filed. The property owners of record within 375 feet of the property proposed for designation shall be notified by mail of the public hearing. and the hearing shall be noticed in a newspaper of general paid circulation. at least 30 days in advance of the hearing. The cost of this +I:H& notification requirement shall be the responsibility of the applicant. The board may continue an application to a date certain at either the request of the applicant or at its own discretion. one time only with notice through a verbal announcement at the public meeting at the time of the board vote approving the 4 of7 293 continuance only one time. All further continuances of the same application shall be noticed by mail at least 30--21 days prior to the public hearing date as provided above. in accordance with the provisions of (i) through (iii) above. and noticed in a newspaper of general paid circulation at least 15 days prior to the public hearing date. The cost of mail notification and newspaper notice requirement shall be the responsibility of the applicant. Agenda items that the board cannot consider due to the absence of a quorum shall be automatically continued to the board's next regular meeting without further required notice. (g) Designation procedures initiated by owners of single-family homes in single- family districts. Notwithstanding the above, the following shall apply to any request by property owners for the individual designation of their single-family homes as historic structures: * * * (2) Public notice requirements. At least 30 days prior to the public hearing date for the subject designation, a description of the request with the time and place of the public hearing, shall be advertised in a paper of general paid circulation in the community. The board may continue an application to a date certain at either the request of the applicant or at its own discretion. one time only with notice through a verbal announcement at the public meeting at the time of the board vote approving the continuance onlv one time. All further continuances of the same application shall be noticed at least 30 21 days prior to the public hearing date. in accordance 'Nith the provisions of (i) through (iii) above. and noticed in a newspaper of general paid circulation at least 15 days prior to the public hearing date. The ffiaH notification cost of newspaper notice requirement shall be the responsibility of the applicant. Agenda items that the board cannot consider due to the absence of a quorum shall be automatically continued to the board's next regular meeting without further required notice Section 5. Chapter 118, "Administration and Review Procedures," Article XI. "Neighborhood Conservation Districts (NCD)" is hereby amended as follows: Sec. 118-705. Procedures for adoption of specific NCD overlay districts. * * * (b) Preliminary review. * * * (2) Notification of the preliminary public hearing shall be advertised in accordance with section 118-164(2)(b) regardless of acreage and, in addition, all property owners within the proposed district as well as within a 375-foot radius of the proposed district shall be notified by individual mail notice with a description prepared in plain English, and postmarked 30 days in advance of the hearing. 5 of7 294 The board may continue an application to a date certain at either the request of the applicant or at its own discretion. one time only with notice through a verbal announcement at the public meeting at the time of the board vote approving the continuance only one time. All further continuances of the same application shall be noticed at least 30 kl, days prior to the public hearing date. in accordance with the provisions of (i) through (iii) above. except that they shall be noticed in a newspaper of aeneral paid circulation at least 15 davs prior to the public hearing date. The cost of mail notification and newspaper notice requirement shall be the responsibility of the applicant. Agenda items that the board cannot consider due to the absence of a quorum shall be automatically continued to the board's next regular meeting without further required notice * * * (d) Discussion and recommendations by the design review board. * * * (2) Notification of this public meeting shall be advertised in a newspaper of general circulation 30 days prior to the meeting. The board may continue an application to a date certain at either the request of the applicant or at its own discretion. one time only with notice through a verbal announcement at the public meeting at the time of the board vote approving the continuance only one time. All further continuances of the same application shall be noticed at least 30 21 davs prior to the public hearing date. in accordance \Nith the provisions of (i) through (iii) above. and aotiGeEI in a newspaper of aeneral paid circulation at least 15 days prior to the public hearing date. The cost ~ mail notification aaEI newspaper notice requirement shall be the responsibility of the applicant. Agenda items that the board cannot consider due to the absence of a quorum shall be automatically continued to the board's next regular meeting without further required notice (e) Final adoption of NCO overlay districts. Adoption of NCO overlay districts and accompanying regulations shall be by the same procedures as for amendments to the Code generally. as set forth in article Ill of chapter 118 of these land development regulations including planning board review except that regardless of acreage. all property owners within the proposed district as well as within a 375-foot radius of the proposed district shall be notified by individual mail notice with a description prepared in plain English. and postmarked not less than 30 days in advance of the first public hearing. Each individual NCO overlay district shall be codified in Chapter 142, Article Ill, Overlay Districts. of the land development regulations of the Code. The board may continue an application to a date certain at either the request of the applicant or at its own discretion. one time only with notice through a verbal announcement at the public meeting at the time of the board vote approving the continuance only one time. All further continuances of the same application shall be noticed at least 30 21 days prior to the public hearing date. in accordance with the provisions of (j) through and OiO above. except that they shall be noticed in a newspaper of general paid circulation at least 15 davs prior to the public hearing date. The cost of mail notification and newspaper notice requirement shall be the responsibility of the applicant. Agenda items that the board cannot consider due to the 6 of7 295 absence of a quorum shall be automatically continued to the board's next regular meeting without further required notice Section 6. 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 7. 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 8. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 9. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of _________ , 2012. ATTEST: CITY CLERK First Reading: Second Reading: Verified by:--------- Richard G. Lorber, AICP Acting Planning Director Underscore denotes new language. Strikethrough denotes deleted language. T:\AGENDA\2012\2-8-12\2015-Ordinance re continuances 2d rdg 2-8-12.doc 7 of7 296 MAYOR APPROVED AS TO RM AND LANGUAGE & FOR EXECUTION J b; /.2 ' 11 Date ............. ··································· . ················· --· ..... f~:f: ;;{{j~PG:. ttl MIAMIBEACH ~ CITY OF .MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Rorida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on WEDNESDAY FEBRUARY, 8TH, 2012 to consider the following: 10:20a.m. Ordinance Amending Chapter 66, "Marine Structures, Facilities And Vehicles," Article IV, "Vessels,". Section 66-151, "Launching And Hauling," To Prohibit Docking, Securing, Embarking Or Disembarking Vessels At Municipal Or Public Seawalls, Wharfs, Docks Or Bulkheads In Single Family Neighborhoods, Creating Exceptions. lhquiries may be directed to the Legal Department at {305) 673-7470. 10:25a.m. Temporary Removal Of Parking Spaces An Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter 82, "Public Property," Amending Section 82-384, "Permitted Sidewalk Cafe Frontage; Requests For Expansion," To Permit Sidewalk Cafes To Extend Into A Loading Zone Fronting A Restaurant. Inquiries may be directed to the Planning Department at (305) 673-7550. -1 10:30 a.m. Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 118, "Administrative And Review ·Procedures," Article II, "Boards," Division 5, "Board Of Adjustment;" Section 118-134, "Notification Of Hearings;" Article IV, "Conditional Use Procedure," Section 118-193 "Applications For Conditional Uses"; Article VI, "Design Review Procedures;" Article X, "Historic Preservation;" And Article XI i "Neighborhood Conservation Districts (NCO);" To Clarify That Continuances Shall Be Noticed By Mail After The First. Continuance Granted By A Land Use Board. Inquiries m'iy be directed to the Planning Department at (305) 673-7550. 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 Conyention Center Drive, 1st Floor, City Hall, Miami Beach, Florida33139. 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 Roor, 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 ariy decision made by the City Commission .with· respect to any matter considered at its meeting or ·its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction 1 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, I information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proteeding, please contact (305) 604-2489 (voice), (305) 673-7218 (TTY) five. days in advance jo initiate your request. TIY users may -also call 711 (Florida Relay Service). I. ·A.!I#690i ,_ ~ J =, , .. . . . '. -~~/ THIS PAGE INTENTIONALLY LEFT BLANK 298 COMMISSION ITEM SUMMARY Condensed Title: Amendment to the Height Limits in the RPS-4 Zoning District Key Intended Outcome Supported: Maintain strong growth management policies; Protect historic building stock Supporting Data (Surveys, Environmental Scan, etc.): While nearly half, 47.6%, suggested the effort put forth by the City to regulate development is "about the right amount," nearly one-third, 29.6%, indicated "too little" effort is being put forth by the City in this area. Issue: Should the City Commission adopt an Ordinance Amendment that modifies the maximum allowable height requirements for residential structures located in the RPS-4 zoning district, subject to Historic Preservation Board review and approval? Item Summary/Recommendation: SECOND READING PUBLIC HEARING: The Administration recommends that the City Commission adopt the Ordinance upon second reading public hearing. Advisory Board Recommendation: On July 20, 2011, the Land Use and Development Committee referred the Ordinance to the Planning Board, with a favorable recommendation. On October 25, 2011, the Planning Board transmitted the subject Ordinance to the City Commission, with a favorable recommendation. On November 8, 2011, the Historic Preservation Board reviewed the proposed ordinance and recommended approval. On December 14, 2011, the City Commission approved the proposed ordinance on first reading. On January 11, 2012, the Ordinance was opened and continued to February 8, 2012. Financial Information: Source of Amount Account Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: The subject ordinance is not expected to have any fiscal impact. Clerk's Office Le islative Tracking: Richard Lorber or Thomas Mooney irector MIAMI BEACH 299 Approved AGENDA ITEM -..!..f<_,5~D;.....__ DATE z_-1$-\2.- ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager'\.~ February 8, 2012 u SECOND READING PUBLIC HEARING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT", SECTION 142-696 "RESIDENTIAL PERFORMANCE STANDARD AREA REQUIREMENTS" TO MODIFY THE MAXIMUM HEIGHT REQUIREMENTS FOR RESIDENTIAL APARTMENT STRUCTURES; BY AMENDING SECTION 142-697 "SETBACK REQUIREMENTS IN THE R-PS1, 2, 3, 4 DISTRICTS", TO MODIFY THE SETBACK REQUIREMENTS FOR OCEANFRONT BUILDINGS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed Ordinance upon second reading public hearing. BACKGROUND A discussion of a proposed amendment to the RPS-4 district regulations, in order to increase the maximum allowable height for residential apartment structures on oceanfront lots from 75' to 1 00', was commenced by the Land Use and Development Committee on May 18, 2011. The RPS-4 district is located south of Fifth Street, along the Atlantic Ocean and Government Cut; that portion of the RPS-4 district between First and Fifth Streets is also within the boundaries of the Ocean Beach Local Historic District. This district contains both residential apartment structures and hotel structures; all of the hotel structures have accessory uses. In 2002, pursuant to Ordinance 2002-3386, the City Commission established a maximum height limit of 75' for all structures in the RPS-4 district that are within the confines of the Ocean Beach Local Historic District. At the time, the purpose of these height limits was to control the aggregation of lots and to limit the impact of new construction on the low scale character of the west side of Ocean Drive. Recently, the property at 321 Ocean Drive was purchased by a developer who is seeking to build a residential-apartment project. Unlike the previous project proposed for this site (Bijou Hotel), the new owner is not seeking to build a hotel structure with 300 February 8, 2012 Commission Memorandum RPS-4 Heights Ordinance Page 2of 5 controversial accessory uses. The developers concept proposal, which has yet to be brought forward formally for development approval and permitting, has been met with support and enthusiasm from neighboring residents. The main reason for this initial support is that the development proposal is for a purely residential, as opposed to hotel structure. Given the number of existing transient uses (hotels) and associated accessory uses in the area, the residents of South Pointe have become increasingly concerned with a lack of balance between permanent residential uses, and transient type uses with accessory restaurants and destination type uses. Permanent residential structures are seen by residents of the South Pointe area as providing a better balance to existing commercial uses in the area. In order to encourage and foster residential apartment type uses along the oceanfront lots in the RPS-4 district, a proposal has been put forth to increase the maximum allowable height for residential apartment buildings. ANALYSIS The RPS-4 residential-performance standards district is designed to accommodate high density residential development, including hotel development and multi-family residential development. Section 142-691 of the Code specifies, in part, that 'performance standards development will allow for modification of requirements affecting certain individual lots, greater flexibility, particularly for large-scale development, and incentives for provision of certain amenities and for conformance with specified objectives, thereby encouraging more flexible and innovative design and development, in accordance with the goals and objectives of the comprehensive plan and the redevelopment plan'. The proposal put forth to increase the allowable height for new residential apartment structures in the RPS-4 district is consistent with the district purpose defined above and does have tangible benefits from a planning and urban design standpoint. In this regard, the proposed ordinance would provide more latitude for the distribution of the allowable volume for the site within a taller, slimmer structure, as well as require a separation of the tower volume, which is a better de.§ign alternative than a horizontal 'bar' building. This would lessen the impact on existing, adjacent structures, allow for better view corridors, and provide the potential for more dynamic architecture. The proposal for the increased height would also be consistent with the majority of the built context along the east side of Ocean Drive from First to Fifth Street, as more particularly illustrated in the massing studies provided. Notwithstanding these compatible attributes, after careful study and evaluation of the entire RPS-4 area as a whole, staff identified some concerns with the initial proposal. Specifically, while the proposal to increase the maximum building heights of residential apartment structures in the RPS-4 district is consistent with the established heights of the majority of the residential structures along the east side of Ocean Drive between First and Fifth Streets, it could present potential conflicts with the lower scale structures along the west side of Ocean Drive. Additionally, there are some concerns that the proposal could be limited in application. In order to address these concerns, and for the proposed increase in height to be consistent with and sensitive to the built context of the immediate area, staff has recommended that the proposed allowable increase in height be at the discretion of the 301 February 8, 2012 Commission Memorandum RPS-4 Heights Ordinance Page 3of 5 Historic Preservation Board. Additionally, the allowable heights should not exceed 6 stories I 60 feet for the first 60 feet of lot depth and 11 stories I 1 00 feet thereafter, and only under the following conditions, as proposed in the Ordinance recommended by the Planning Board and as suggested to be modified by staff: 1. The property shall be an oceanfront lot with a minimum lot width of 100 feet. 2. The property shall not contain a contributing building. 3. The sixth level of the front portion of the new construction shall meet a line-of- sight, which for the purpose of this section, is defined as not being visible when viewed at eye-level (5'6" from grade) from the opposite side of the Ocean Drive right-of-way. 4. The proposed building shall be sited and massed in a manner that promotes and protects view corridors. At a minimum, a substantial separation of the tower portion of any structure shall be required. 5. For lots greater than 50' in width, the front portion of the structure shall incorporate a separation in the center of the structure, which is open to sky, and is at least 10 feet in width and 25 feet in depth; the exact location of such separation shall be subject to the historic preservation board, in accordance with certificate of appropriateness criteria. Alternatively, the massing and architectural design of the front portion of the structure shall acknowledge the historic pattern of residential structures along Ocean Drive. 6. The proposed building shall not contain accessory uses permitted under section 142-902(2)e. 7. The proposed building shall only permit rentals that are no less than 3 months, not to exceed 3 times per calendar year. 8. The maximum residential density is 60 units per acre. 9. All required off-street parking for the building shall be provided on site; required parking may not be satisfied through parking impact fees. 10. A restrictive covenant, running with the land, or other similar instrument enforceable against the owner(s}, acceptable to and approved as to form by the city attorney, shall be executed and recorded prior to the issuance of a building permit, to ensure that the building remains as a residential apartment building for a minimum of 30 years,-.Jhat the minimum rental period shall not be less than 3 months, no more than 3 times per year, and that no uses under section 142 902(2)e are permitted on the premises during that time period. The oceanfront properties on Ocean Drive, south of Fifth Street, consist of a mix of residential condominiums and hotels with accessory uses. While hotels, some with accessory uses, have been a part of the Ocean Drive corridor over the last century, areas such as this evolve over time, as do the uses and the intensity of the uses. In this particular instance, the intensity of accessory uses within hotels has begun to impact the quality of life of the residents of the area. While the proposed Ordinance does have an intended goal of fostering more residential-apartment type uses, as opposed to hotel with accessory uses, there are also other tangible benefits from an urban design and planning standpoint. First, it is important to note that under the current code (75' height limit) the actual density for the properties on Ocean Drive in the RPS-4 district is very high, given the FAR of 2.0. Under the proposed ordinance, the density would be reduced to a maximum 302 February 8, 2012 Commission Memorandum RPS-4 Heights Ordinance Page 4of 5 of 60 units per acre. As an example, for the property at 321 Ocean Drive, under the existing code, over 90 units could be permitted under the existing code; under the provisions of the proposed ordinance, the total number of units for the site would be limited to 55. This is a very tangible benefit as it will result in a reduced impact on the City's infrastructure and require substantially less required parking. Additionally, the development projects proposed under the new ordinance would not be able to incorporate accessory uses, which further increase the intensity of a development site. This will also have a positive impact on the City's infrastructure. Although the height of a proposed structure could increase under the proposed code, the total square footage would not. Additionally, with the density and accessory use limitations, the amount of non-FAR space required for parking would be substantially reduced. Staff believes that the additional height allowed will be mitigated by the re- distribution of the allowable volume of the proposed structure and that the actual massing scheme will be much better than a standard 75' rectangular box running the depth of a substantial portion of the site. Additionally, the scale, massing and additional height would be at the discretion of the Historic Preservation Board and subject to the appropriateness criteria in the City Code. On July 20, 2011, the Land Use and Development Committee referred the proposed amendment pertaining to RPS-4 height limitations to the Planning Board with a favorable recommendation. As part of the discussion and recommendation, the Land Use Committee recommended the following, which have been included in the Ordinance: • The issue of 'Short Term Rentals'; rentals would be no less than 3 months, and not exceed 3 times per calendar year. • The maximum residential density would be limited to 60 units per acre. • The proper accommodation of all required parking spaces on site (no fees in lieu of providing the parking). • Changes to the Ordinance to address any issues with 'Spot Zoning'. LAND USE BOARD ACTION On October 25, 2011, the Planning Board transmitted the subject Ordinance to the City Commission, with a favorable recommendation, by a 5-0 vote. The Planning Board recommended a minor change to the Ordinance requiring that the expanded heights be applicable to lots 100 feet in width or greater, while allowing for a slight increase in overall height for properties 50 feet in width or less. These changes have been incorporated into the Ordinance. On November 8, 2011, the proposed ordinance was reviewed and recommended for approval by the Historic Preservation Board. Some members of the Historic Preservation Board did have a concern with the revised height limits, but concluded that the comprehensive safeguards within the text of the Code change would ameliorate any negative impacts. The Historic Preservation Board also recommended that the City Commission consider removing the 'No Contributing Building' requirement and that the minimum rental period be 6 months plus 1 day, and include a comprehensive enforcement mechanism. On December 14, 2011, the City Commission approved the proposed ordinance on first 303 February 8, 2012 Commission Memorandum RPS-4 Heights Ordinance Page 5of 5 SUMMARY The Administration is confident that the proposed ordinance addresses the issues and concerns identified by the Planning Board, the Land Use Committee and the Historic Preservation Board. After reviewing the changes recommended by the Historic Preservation Board, the Administration has concluded that the Ordinance recommended by the Planning Board would be the best fit (including the exclusion on properties containing contributing buildings, as properties with 'Contributing Buildings' should not be eligible for an increase in height). Regarding the issue of including in the ordinance a subsection requiring a minimum rental period, the City Attorney's office is concerned that a mandated limitation on short term rental time periods in the proposed ordinance would violate HB 883, adopted by the State Legislature in 2011. Minor modifications to this part of the ordinance have been proposed by the City Attorney's office to address this concern, and to be consistent with Section 142-1111 of the City Code, pertaining to the short term rental of apartments and townhomes. In conjunction with the requirement that a restrictive covenant be submitted ensuring that the building remains solely as a residential apartment building for a minimum of 30 years, the Administration believes that there is ample protection against the any structure availing itself of the proposed ordinance from becoming a hotel or other type of transient use. Finally, the Administration has added language to the proposed Ordinance regarding the voluntary proffer of an easement for a future beach walk. 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 Ordinance upon second reading public hearing. JMG/~LffRM T:\AGE~~1~~8-12\RPS-4 Heights 2011-MEMO 2nd Reading.docx 304 RPS-4 Heights 2011 ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT", SECTION 142-696 "RESIDENTIAL PERFORMANCE STANDARD AREA REQUIREMENTS" TO MODIFY THE MAXIMUM HEIGHT REQUIREMENTS FOR RESIDENTIAL APARTMENT STRUCTURES; BY AMENDING SECTION 142-697 "SETBACK REQUIREMENTS IN THE R-PS1, 2, 3, 4 DISTRICTS", TO MODIFY THE SETBACK REQUIREMENTS FOR OCEANFRONT BUILDINGS; 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 encouraging and incentivizing residential apartment development in the South Pointe area; and, WHEREAS, the City of Miami Beach has adopted regulations pertaining to the height and setbacks of structures in the RPS-4 district; and, WHEREAS, the City of Miami Beach desires to modify the maximum building height and setback requirements for new residential apartment structures in the RPS-4 district; and, WHEREAS, these amendments will allow increased height in the district, creating an incremental traffic burden, an increased cost in services, and affect the aesthetics of the district; and WHEREAS, the restrictions and conditions imposed as part of this ordinance are intended to mitigate these effects, and in addition to the design restrictions imposed, require the owners whose properties are enhanced by the increased height to provide an easement to extend the Beachwalk to the east of their structures, which will mitigate the incremental traffic burden and improve the district's aesthetics; 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 CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Chapter 142, Entitled "Zoning Districts and Regulations", Article II, Entitled "District Regulations ", Division 18, Entitled "PS Performance Standards District" of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-696.-Residential performance standard area requirements. 305 \ The residential performance standard area requirements are as follows: , Residential Subdistricts :---~··.,.~--·--·-··--·~·~-·-·._·~-·~·~~-~~ ~~~~~~---~-------r-~-~-~~·--·~--w••••"-"~"""""•·-----•!"'u~···~·"'·~••~•·-·'"'-·~··~~~ ~~-~J Performance R-PS1 1 R-PS2 R-PS3 i R-PS4 -~~~~:~ lot ;;a·~-l5,75o--sq~~~~--f~~t--------l·s::?·5·o-~quare feet is: 75o-~-q~~~~-f~~t·---·--fs~-75o~q .. ~ar~--~~t----· .... ·: ····-···-···-·······················--····-.. ·····~·-········~····-···~~~~~~~··..,-(-----·-·--··--·-···-~ ........................ ; ... ., ...• ~-~~~ .. ~---~-------~------------·-·-·····-·- Minimum lot width :so feet I 50 feet j50 feet 50 feet R~q-~ir~d-ope~------·:o:-6o~s;~---~-;~ti~~------·Ta·:65,~s~e secti~-io:7o~s~~-~~~ti~~--·· .. -~·a:?a,··s~~ ~~~tion-·142- space ratio i 142-704 ! 142-704 1142-704 1704 ~~~~*urn b~i-idi;i·l~~~~~;r;:::·w:~ or ~~t~e;~ feet~ide or--~~~!~;~-~::~ wide or ~~~~~o~a~f~~~t·~-·aa ..... i less-35 feet lless-35 feet ! less-35 feet ! Oceanfront-1 00 feet; , ' . I "'....... . ....... i ! 1 1 except tHat m tHe · I I !Ocean Beacl=! Historic ! I I District 35 feet for tl=!e I ' ' I l !first 60 feet of lot I · ldeptl=!, 75 feet I ltl=lereafter, subject to ! ltl=le line of sigl=!t ! ! analysis of section l i 142 697(d) · i Lots 50 feet wide or ; less -35 feet . ! ,. ; r·--· .. ~·~·"'·•·••""'''"~··· .. -.. ·.~~~·"~~---c~c;-c'~~,r-·~-··-·-··-·-·-···-····-···-··--·-·r····--····-······--·· .. .-._ ...... ~ ... ~~~-~......--~~~--~~---~·-··--·'"---·~····--····-·-··"-;····~-···-·····--····-··········•• .-... ·· ' Maximum number :5 15 !5 1 Non-oceanfront -8 of stories iLots 50 feet wide or ·~Lots 50 feet wide or jLots 50 feet wide or ;Oceanfront-11 i less-4 less-4 jless-4 Lots 50 feet wide or 1 ! 1 i less-4 1 l 1 i In the Ocean Beach I I Historic I , I I District - 7 .... ------·----j -~:~i~~~--fi~~~-······--···j-1:25-····------~~ ............ -]1~a·-----~--------·------------···--·-·-r1-:75-------~-l2.o · ··-----1 <'"•••-'••••••••-'««m••m•••~·--~·0.• ---·---•--•~•--•---•••«««<<<~«--«-«••-•••«•m«<«m~-~----·••·----•••«<<<«««<«<<m..............J Minimum floor 'New construction-I New construction-I New construction-New construction -550 I area per ;700 J650 600 Rehabilitated buildings I apartment unit I Rehabilitated 1 Rehabilitated Rehabilitated , -400 i (square feet); ibuildings-400 jbuildings-400 ,buildings-400 I 1 except as provided ! 1 i I 1 in section 142-· j I ' 1 1183 for elderly i I ~hous~~~-----------------; _______ .. ____________ .................. m. I I ---~~~--~--_j r ; 1 !-----------+----......... J j15% = 300-335 J15% = 300-335 i !Square feet I square feet 1! !85% = 335+ square :85% = 335+ square , 1 !feet !feet ,--------------~~~--~~~~-........~ -""·~-----------~-.l ,.---·------·-···---------·-""''"-·------'------------i-----------------··-------· Minimum floor ]N/A iN/A area per hotel unit i I (square feet) · I ~imum parking ~~_u_rs~_a_n!_!~_~_!:~~~-~ 130 and section 142-705 requirement. ~---_j ;~~~~=-.:~~~~~:-~~-J.~~~~~~-n-t_t_o_c_h_a_pt_e_r -1-30_,_a_rt_ic_l_e_ll_l._. _j 306 to article IV, division 3 of this chapter. * Notwithstanding the foregoing provisions regarding maximum building height, in the Ocean Beach historic district, as defined in subsection 118-593( e)( 11 ), the maximum building height for a lot located in the R-PS 1, R-PS2, or R-PS3 zoning districts (i) With a lot exceeding 50 feet, and (ii) Upon which there exists a contributing structure which has not received a certificate of appropriateness for demolition (or any such approval has expired), shall be 35 feet. 1. Notwithstanding the above height restrictions, existing structures within a local historic district are subject to section 142-1161. 2. In the R-PS4 zoning district, within the Ocean Beach Historic District, when an existing contributing structure is nonconforming with respect to the height regulations in section 142-696, such structure may be repaired, renovated or rehabilitated regardless of the cost of such repair, renovation or rehabilitation, notwithstanding the provisions of chapter 118, article IX, "Nonconformances." 3. Lots at a width of 50 feet or less aggregated with adjacent parcels after November 3, 2002, shall have a maximum height of 35 feet and shall not be allowed the increased height for parcels wider than 50 feet. 4. Notwithstanding the above height restrictions. in the R-PS4 zoning district. within the Ocean Beach Historic District. for lots 100 feet or more in width, the maximum height shall be 35 feet for the first 60 feet of lot depth, 75 feet thereafter. subject to the line-of-sight analysis of section 142-697(d). However. for residential apartment buildings, on lots 100 feet or more in width, the historic preservation board. in accordance with certificate of appropriateness criteria, may allow an increase in the overall height. not to exceed 6 stories. 60 feet for the first 60 feet of lot depth and 11 stories. 100 feet thereafter. and on lots 50 feet wide or less may allow an increase in overall height not to exceed 35 feet for the first 60 feet of lot depth and six stories 60 feet thereafter. provided all of the following conditions are satisfied: a. The property shall be an oceanfront lot. b. The property shall not contain a contributing building; c. The sixth level of the front portion of the new construction on lots 1 00 feet or more in width shall meet a line-of-sight. which for the purpose of this section. is defined as not being visible when viewed at eye-level (5'6" from grade) from the opposite side of the Ocean Drive right-of-way, and on lots 50 feet or less wide shall be subject to the line-of-sight analysis of section 142-697(d); d. The proposed building shall be sited and massed in a manner that promotes and protects view corridors. At a minimum. a substantial separation of the tower portion of any structure shall be required; e. For lots greater than 50 feet in width, the front portion of the structure shall incorporate a separation in the center of the structure. which is open to sky, and is at least 10 feet in width and 25 feet in depth; the exact location of such separation shall be subject to the historic preservation board. in accordance with certificate of appropriateness criteria. Alternatively, the massing and architectural design of the front portion of the structure shall acknowledge the historic pattern of residential structures along Ocean Drive; f. The proposed building shall not contain accessory uses permitted under section 142-902(2)e. g. The prepesed building shall enlv permit rentals that are ne less than 3 menths, net te exceed 3 times per calendar year. h. The maximum residential density is 60 units per acre. i. All required off-street parking for the building shall be provided on site; required parking may not be satisfied through parking impact fees. 307 ;. The owner restricts the property to permit only rentals that are no less than 6 months and one day per calendar year, through language in its condominium or cooperative documents, and by proffering a restrictive covenant. running with the land, or other similar instrument enforceable against the owner(s), acceptable to and approved as to form by the city attorney, which shall be executed and recorded prior to the issuance of a building permit, to ensure that the building remains solely as a residential apartment building for a minimum of 30 years, that the minimum rental period shall not be less than 3 months, no more than 3 times per calendar year, and that no uses under section 142-902(2)e are permitted on the premises during that time period. k. Accepting that the value in the increased height, and the incremental traffic burden and effect on aesthetics in the district are offset by the conveyance of an easement for an extension of the Beachwalk east of their structures, the owner provides an easement, acceptable to and approved as to form by the City Attorney, for a public beachwalk on the easterly portion of its property, as more specifically provided in the plans on file with the City's Public Works Department. Sec. 142-697.-Setback requirements in the R-PS1, 2, 3, 4 districts. (a) The setback requirements in the R-PS1, 2, 3, 4 districts are as follows: .----------·----------.~~Fr~o-n-t -----r···-S-id~-:-.. ·---1 Side, 1, --------R;~~---~~----~----·-··: · 'I I Interior i Facing _ -·-· __ ,1' 1 i I a Street i ,.. -------------·r--·----------·-·-------------~-------.. -----··------~--_ir~-~-------------------··-- At-grade j5 feet is feet !5 feet iNon-oceanfront lots-5 parking lot 1 I 1 ifeet (below -I !Oceanfront lots-50 building) I I . 1feet from bulkhead line ·s~-bt~~;;~~a~--------------rs-t~-~i------------·----------------------rs-teert __________ ~-------------:-5-t~-~T-------------------.. ----;·N~~~;;~~~"f~~~t-i~t~-~--a-· · I I i feet i ; 1 1 Oceanfront lots -50 i ,-P~d-~~t~~-------pe~--------~~~~~1, -15-f-e~---;~~:~;~~~;;~~~i~e ____ j 1when I Oceanfront lots -20% !section (e) 1 1of lot depth, 50 feet !below 1 /minimum from !applies.:. ! !bulkhead line. 1Lots 50 I ifeet wide I lor less-5 _ !feet. 1 !however / , for residential apartment structures seeking a~;mroval under section i 142-696.4 above, on i ' j i I lots ____ __j 308 ..---~--....... ·-. ·--.. -· ... " .. ··~ .............. -... ~---~-~~r~. ---~·····~ i -·-····- greater than 50 feet in width 1 15 feet for any: Qortion of the ; 1Qedestal I Iabove 35 I I !teet in !height. T~-w-e;:--------------------·-+1 5_0_f_e-et-, -----\.=!T=h~e==- except that !required in the R-. 1 pedestal PS4 within setback the Ocean 1 plus 0.1 0 Beach !the height Historic ·of the District, the building; I minimum however~ . shall be 60 for !feet; residential , however1 for aQartment ! residential structures !aQartment ~·seeking i structures aQQroval !seeking under I aQQroval section 1 under 142-696.4 ·section 142-above~ 15 696.4 feet. above~ the tower setback shall be determined by: the Historic Preservation ·-------------------············---·-----·--------J-=~?::::. a=rd=·-~~ --~·~--• •~ .,.-r• •-•~~··~·~~w••-•-• 1 The required pedestal I setback jplus 10.10 the I ' height of the 1 building ! I I ! i i l i -~·~~-1-•-c•------~~- Non-oceanfront lots - j15% of lot depth !Oceanfront lots-25% 1 1 ot lot depth, 75 feet minimum from I bulkhead line; 1however1 for residential aQartment structures seeking aQQroval under section 142-696.4 above 1 the tower setback shall be the I same as the Qedestal setback. I -~-------------------1 (b) All required setbacks shall be considered as minimum requirements except for the pedestal front yard setback and pedestal side yard facing a street setback which shall be considered as both a minimum and maximum requirements. (c) For lots greater than 100 feet in width the front setback shall be extended to include at least one open court with a minimum area of three square feet for every linear foot of lot frontage. (d) In the R-PS4 zoning district, within the Ocean Beach Historic District, the tower portion of ground-floor additions to contributing buildings, or ne•.v construction shall meet a line-of-sight, which 309 for the purpose of this section is defined as not visible when viewed at eye-level (5'6" from grade) from the opposite side of the adjacent right-of-way. (e) In the R-PS4 zoning district within the Ocean Beach Historic District, when an existing contributing structure has a minimum 5-foot sideyard setback, the setback of new construction in connection with the existing building may be allowed to follow the existing building line. The maintenance of the existing setback shall apply to the linear extension of the existing building. 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. NONSEVERABILITY. It is the intention of the City Commission that all provisions of this Ordinance are integral to and dependent upon all other provisions thereof, and thus if any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be severable from the portion declared invalid. Therefore, in the event any portion of this Ordinance is declared invalid, the entirety shall be declared invalid, and this Ordinance shall be returned to the City Commission for reconsideration. During this interim period following such declaration of invalidity, the land development regulations this Ordinance amended shall be reinstated as they existed prior to the adoption hereof. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this __ day of _______ , 2012. ATTEST: CITY CLERK First Reading: Second Reading: December 14, 2011 January 13, 2012 Verified by: ...-----=----------==---- Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language Strike Thru denotes deleted language BOLD denotes changes to Planning Board Version 12/05/2011 MAYOR T:\AGENDA\2011\12-14-11\RPS-4 Heights 2011 -ORO First Reading.docx 310 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Granting To Florida Power And Light Company, Its Successors And Assigns, An Electric Franchise Imposing Provisions And Conditions Relating Thereto, Providing For Monthly Payments To The City Of Miami Beach, And Providing For An Effective Date. Ke Intended Outcome Supported: Issue: I Shall the City Commission approve the ordinance granting FPL a franchise agreement? Item Summary/Recommendation: At the December 14, 2011, Commission Meeting, the Ordinance was approved on First Reading and referred to the Neighborhood/Community Affairs Committee between first and second reading. In addition, the following recommendations were made: • Renegotiate better conditions between first and second reading, • Discuss use of renewable energy technology on City owned facilities without violating franchise agreement, and • Commitment on streamlined process for the underground. At the January 11, 2012 Commission meeting, the item was opened and continued to February 8, 2012. The City Manager was also directed to meet with representatives from the Sunset Islands Nos. 3 & 4 HOA regarding their proposal that certain costs associated with their Islands, proposed undergrounding project be either waived or absorbed by the City. Regarding the recommendations made at the December 14, 2011 Commission Meeting, the following were achieved: • There has been no change to the terms and conditions between first and second reading • FPL has agreed to implement a number of renewable energy projects, conservation initiatives, and services that will refurnish to the City at no cost, and which will be memorialized in a letter agreement. • A process flow template defining City and FPL responsibilities and time frames for completing the different stages of underground conversion requests is being finalized and will be memorialized in a letter of agreement. The City has made significant gains in the proposed new franchise agreement (when compared both to the terms of the existing franchise). The most significant are as follows: • Most Favored Nation (MFN) Clause-If FPL enters into a franchise with any other city or county in either Miami- Dade, Broward, or Palm Beach County offering a franchise rate greater than 6.0%, then, at City's request, FPL will match such rate for City. If the County negotiates a new franchise with more favorable terms and conditions (beyond just the rate) than the City's franchise agreement, then the City can also avail itself of those. • Franchise Fee-At the September 14, 2011, City Commission meeting, the Commission directed the Administration to negotiate a franchise fee that would not result in an increase to residential customers (i.e. the direction was to essentially keep the fee "flat"). Following this direction, the formula for this scenario was adjusted so that total FPL payments to the City for the franchise fee, permits and fees maintain the net effective franchise rate charged to customers and remitted to the City at 5.29% of the revenue that FPL collects from the sale of electricity. • Right-of-Way (ROW) Relocation -Requires FPL to remove or relocate its facilities within 30 days if they unreasonably interfere with the safe, continuous use, maintenance, improvements, extension or expansion of a public road, or if FPL facilities interfere with reasonable egress/ingress to abutting property. • Indemnity -FPL has agreed to include the City's indemnity language (rather than FPL's standard provision), which affords the City broader protection and survives termination or expiration of the Franchise Agreement. • Right to Purchase Power from Others -For the first time, however, the non-compete clause will contain certain exceptions, to the extent that the City will have the right to purchase power from others for its own facilities, provided FPL has the right to match the third party offer. • Renewable Energy Purchases -For the first time, the City will have the right to purchase any technology recognized as "renewable electrical energy" under Florida State Statutes that is developed within City limits; or to have FPL distribute, to City facilities, renewable electrical energy that is developed within City limits. The Administration recommends approval of the Ordinance after a Second Reading Public Hearing. Advisory Board Recommendation: I None Financial Information: Source of I I Amount I Account J Approved Funds: lr----1~r-,----------+-,-----------------r-~--~~----~ Financial Impact Summary: Cit Clerk's Office Le islative Trackin MIAMI BEACH Assistant City Mana ORB 311 Ci AGENDA iTEM ___.R--t---'s-'---'-E: __ DATE. 2-~-/(., MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager ~jvd'-SECOND READING ((f(Jfn 'V PUBLIC HEARING DATE: February 8, 2012. SUBJECT: AN ORDINANCE GRANTING TO FLORIDA POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF MIAMI BEACH, AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND The City's current thirty (30) year non-exclusive franchise agreement with FPL was originally set to expire on January 22, 2012. At the request of the Commission and Staff, FPL agreed to extend the existing franchise so that it now expires February 21, 2012. Since January, 2011, representatives of the City Manager and City Attorney's Office (with the assistance of specialized outside counsel) have been negotiating the terms and conditions of a new franchise agreement with FPL. At the September 14, 2011, meeting of the City Commission, the vote on the first reading of the proposed new franchise agreement was deferred, and a recommendation made to schedule a public workshop, as initially recommended by Commissioner Weithorn, to further discuss the terms of the proposed new agreement. The subject public workshop, moderated by Commissioner Weithorn, was held on November 28, 2011, at the Miami Beach Golf Course Clubhouse, and attended by Miami Beach residents, non-residents (including the Mayors of the Village of Pinecrest and the City of South Miami, respectively), FPL representatives, and City staff. The workshop commenced with presentations by FPL and the City, respectively, regarding the terms of the proposed new agreement, including identifying those issues where the City was able to negotiate better or new terms in the new agreement than those contained in the current agreement. Following the presentations, Commissioner Weithorn entertained questions and comments from the public. At the workshop, residents (including the aforementioned officials from Pinecrest and South Miami), expressed their opinions on the franchise agreement. A major concern was the 30-year term, which, notwithstanding the City's continuous efforts to reduce, FPL indicated could not be modified. Residents from the Sunset Islands 3 & 4 neighborhood addressed concerns regarding the difficulties surrounding the process of undergrounding, and recommended that the City Commission consider enacting some type of legislation which would dedicate a percentage of the funds collected from the franchise fee to be set aside for use toward the underground placement of overhead utilities. 312 Commission Memorandum-FPL Franchise Agreement February 8, 2012 Page 2 of5 At the end of the workshop, Commissioner Weithorn recommended that an item regarding the calculation of current and proposed franchise payments be scheduled for discussion at the next Finance and Citywide Projects Committee meeting. On December 6, 2011 at the Finance and Citywide Projects Committee meeting, a discussion was held regarding FPL payments to the City of Miami Beach. The Committee discussed the calculation of the current and proposed franchise payments. No after action was required. At the December 14, 2011, Commission Meeting the Ordinance was approved on First Reading. and referred to the Neighborhood/Community Affairs Committee between First and Second Reading. In addition, the following recommendations were made: • Renegotiate better conditions between first and second reading, • Discuss use of renewable energy technology on City owned facilities without violating franchise agreement, and • Commitment on streamlined process for the underground. At the January 11, 2012 Commission meeting, the item was opened and continued to February 8, 2012. In order to accommodate the City's process, Florida Power and Light (FPL) agreed to a one-month extension on the existing franchise agreement, so that the current franchise will expire February 21, 2012 if it is not renewed and accepted prior to that time. The City Manager was also directed to meet with representatives from the Sunset Islands No. 3 & 4 Homeowners Association regarding their proposal that certain costs associated with the Islands' proposed undergrounding project be either waived or absorbed by the City. ANALYSIS There has been no change to the FPL Franchise Agreement terms and conditions presented at First Reading. Following First Reading, additional negotiations between City Staff and FPL, held on January 20, 2012, resulted in a number of significant renewable energy projects, conservation initiatives, and services that will be furnished at no cost to the City and which will be memorialized in a letter agreement to be executed between FPL and the City. The renewable energy projects include: • A donation to fully fund the installation of solar panels with backup batteries to power the lighting for the Henry Flagler Memorial, on Monument Island. • Agreement to partner with the City to work with the Miami-Dade County School District to allow for the implementation of solar demonstration programs at three schools in Miami Beach. • Conduct three Home Energy Makeover Initiatives (HEM I), one each at: 710 Jefferson Avenue, 259 Washington Ave, and 542 Jefferson Avenue. There are a total of 68 residents that live in these 3 buildings. • Conduct a Non Profit Energy Makeover (NEMO) in one of the buildings owned by the Miami Beach Development Corporation. • Conduct energy audits on key city owned facilities • Encourage citizens to participate in FPL's Home Energy Surveys. • Fund 2 City employees to attend LEED certification classes. • Investigate the potential of installing a renewable wind turbine demonstration project at South Pointe Pier. 313 Commission Memorandum-FPL Franchise Agreement February 8, 2012 Page 3 of5 • Partner with Miami Beach to implement FPL's educational Energy Conservation Program for the schools. This program targets K-8 grades. • Partner with Miami Beach during the planning process of the Department of Energy grant awarded to the South Florida Regional Planning counsel for electrical vehicles ("EV) charging and infrastructure installations. The goal of the project is to develop comprehensive ptans and streamline local regulations (including permitting) to facilitate and expand the penetration of electric vehicles in this region. FPL and the City have committed to a streamlined undergrounding process. A process flow template defining City and FPL responsibilities and time frames for completing the different stages of the overhead to underground conversion request is being finalized and will be memorialized in a the letter of agreement. As directed, the City Administration also met with representatives from the Sunset Islands 3 & 4 Homeowners Association (HOA) and it was agreed that the HOA will pay for all undergrounding costs charged by FPL, AT&T, Sprint, Atlantic Broadband, and all other third party costs. The City agreed to fund costs internal to the City. A summary of the terms agreed to between the City and the HOA, which will be memorialized in a memorandum of understanding between the parties to be presented to the City Commission at its March Meeting, is attached and incorporated as Attachment "A" to this commission Memorandum. Following its referral at the December 14, 2011 Commission Meeting, the item was presented at the January 30, 2012 Neighborhood/Community Affairs Committee was informed that there had been no change to the FPL Franchise Agreement terms and conditions presented at the First reading. No action was taken by the Committee. The City has made significant gains in the proposed new franchise agreement (when compared both to the terms of the existing franchise, and what was initially proposed by FPL). The most significant are as follows (see also Attachment "B" hereto, for overview of Franchise Agreement Terms): • Most Favored Nation (MFN) Clause -If FPL enters into a franchise with any other city or county in, either Miami-Dade, Broward, or Palm Beach County offering a franchise rate greater than 6.0%, then, at City's request, FPL will match such rate for City. Additionally, since the Miami-Dade County franchise is coming up for renewal in 2019, if the County negotiates a new franchise with more favorable terms and conditions (beyond just the rate) than the City's franchise agreement, then the City can also avail itself of those. Per FPL, this is the first time it has agreed to such an expanded MFN claim (among its 177 franchises). • Franchise Fee -At the September 14, 2011, City Commission meeting, the Commission directed the Administration to negotiate a franchise fee that would not result in an increase to residential customers (i.e. the direction was to essentially keep the fee "flat"). Following this direction, the formula for this scenario was adjusted so that total FPL payments to the City for the franchise fee, permits and fees maintain the net effective franchise rate charged to customers and remitted to the City at 5.29% of the revenue that FPL collects from the sale of electricity. In this case, the total revenue figure upon which the franchise fee payment is based was adjusted to deduct un-collectables. As a result of the proposed new agreement, there would be no change in the average residential electric bill as a result of the franchise fee. A comparison of franchise fee calculation follows: 314 Commission Memorandum-FPL Franchise Agreement February 8, 2012 Page4 of5 Revenue Ty12e Current Agreement Residential: $59,989,154 Commercial: 84,245,585 Industrial: 112 193 Total Revenue: (1) $144,346,932 Less Un-collectables: {1) Net Revenue: $144,346,932 % of Revenue Applicable to FPL Payments to City: 6.00% 6% of Revenue: $8,660,816 Other payments by FPL: Permits/Fees: ($ 4, 175) Pro12erty Taxes: (1,041,983} Franchise Fees Payment to CMB: $7,614,658 Difference: New Agreement $59,989,154 84,245,585 112 193 $144,346,932 245,255 $144,101 ,677 5.29% $7,622,979 ($4, 175) $7,618,804 ~7,614,658 $4,146 (1) Franchise revenues and uncollectible amounts are actua/12 months ending June 2011. • Right-of-Way (ROW) Restoration -The new franchise agreement requires FPL to remove or relocate its facilities if they unreasonably interfere with the safe, continuous use, maintenance, improvements, extension or expansion of a public road, or if FPL facilities interfere with reasonable egress/ingress to abutting property. If FPL fails to perform the removal or relocation within thirty (30) days, then the City may proceed with removal or relocation and charge back to FPL. • If a City ROW is excavated, damaged, or impaired by FPL (or its contractors), the franchise agreement requires FPL to restore within a reasonable time. However, pursuant to subsequent discussions between the City's Public Works Department and FPL, the City has determined, and FPL has agreed, that it can require FPL (or its contractors) to post a bond or cash security as a condition of obtaining a use permit for doing work on the City's ROW. • Indemnity -For the first time, FPL has agreed to include the City's indemnity language (rather than FPL's standard provision), which affords the City broader protection and survives termination or expiration of the Franchise Agreement. • Right to Purchase Power from Others -Typically, all of FPL's franchises contain a "non- compete" clause, whereby the county or municipal government granting the franchise agrees not to sell or distribute electric capacity and/or electric energy to "retail customers" (i.e. in competition with what FPL does). For the first time, however, the non-compete clause will contain certain exceptions, to the extent that the City will have the right to purchase power from others for its facilities, provided FPL has the right to match the third party offer. Additionally, the City will also have the right to purchase and/or distribute power to serve its own facilities; to engage in wholesale transactions; and, of course, to utilize generators and/or other electricity or energy-generating equipment during emergencies. • Renewable Energy Purchases -One of the policy concerns going into negotiation of the new franchise was that the City wanted the opportunity, and certain flexibility, with regard to its ability to be able to avail itself of new technologies that may become 315 Commission Memorandum-FPL Franchise Agreement February 8, 2012 Page 5of5 available during the term of the new franchise agreement. Accordingly, for the first time, the City will have the right to purchase any technology recognized as "renewable electrical energy" under Florida State Statutes that is developed within City limits; or to have FPL distribute, to City facilities, renewable electrical energy that is developed within City limits. FISCAL IMPACT In the past five years, the City has received 40,473,785.73 in FPL franchise fee payments. The projected revenue for the first year at a 5.29% franchise fee rate is $7,618,804. At a 1% increase per year over the next five years, the City would receive payments in the amount of $39,252, 193; At a 3% increase over the next five years, the City would receive payments in the amount of $41,662,743. Therefore, if the ordinance is not approved, the impact to the City's general fund over the next five years ranges from approximately $39,000,000 to $42,000,000. CONCLUSION The Administration recommends approval of the Ordinance after a Second Reading Public Hearing at the February 8, 2012, Commission Meeting. Attachments: Attachment A: Summary of Terms Agreed to Between CMB Sunset Islands 3 & 4 HOA Attachment 8: Table-FPL Franchise Agreement Overview JMG/DRB/FHB T:\AGENDA\2012\1-11-12\FPL Franchise Agreement-MEMO.doc 316 Attachme!lt A Proposed Basis for Memorandum of Understanding. Between the City of Miami Beach and the Property Owners Association of Sunset Islands 3 & 4 1. Timeframe. At the March City Commission meeting, the Administration will place, for the City Commission's consideration, a proposed Memorandum of Understanding (MOU) between the City and the Sunset Islands 3 & 4 Property Owner's Association (POA), memorializing the terms contained ·in this memo. At either the February Commission meeting (if we can prepare it in time to placed as a supplemental item) or at the March meeting, the Administration will also place a Resolution on the agenda pertaining to the election requirement previously imposed by the City Commission, as a condition to its final approval for these type of special assessment districts. The proposed Resolution willl.) request that the Commission allow the election to proceed prior to the adoption of the first Resolution establishing the district; and 2.) establish general guidelines and internal procedures for the City, since it will be handling the election "in- house," under the auspices of the City Clerk's Office .and City Attorney's Office. In order for the City to prepare the election ballot question and mail out the ballots to the proper parties, the City and POA shall have the following respective responsibilities: 1.) The POA will be responsible for providing the .City with its most current list of the names and addresses of the 117 property owners within the proposed district, which will then be verified by the City; and 2.) Provided the City has all the required information, including the aforestated updated, verified list, the final estimated costs of the proposed undergrounding project, and-based on such costs-the amount of the individual assessments for each property owner (both if paid up front, in full, or in installments over the agreed upon period of 10 years, if the property owner elects to finance), the City will prepare and send out the ballots for a mail ballot election, which-as per the POA's request-will be scheduled sometime in April. 2. Funding. The City agrees to fund costs internal to the City. These include: the FPL-CIP Liaison, the CIP Management Fee, annual administration fees, and the internal cost of conducting the election (if conducted by the City and not bythe County). The property owners will responsible for all 3rd party costs. Financing costs (interest, issuance, tax collector, debt service reserve, and other 3rd party and related borrowing costs) will be assessed to those property owners who do not pay the assessment up front, in full, and who elect to use the City financing option to pay for their portion in installments. 3. Traffic Circle and Sidewalk. We discussed a traffic circle located as you come over the Sunset Island 4 Bridge from the mainland side onto Sunset Island 4 and the extension of the sidewalk connecting Sunset Island 3 & 4 bridges along Sunset Drive. There was concern expressed regarding the sidewalk and more information required regarding the traffic circle. Fernando Vazquez will develop preliminary cost estimates for both and will provide the opportunity for further discussions. 317 w ~ 00 FPL FRANCHISE AGREEMENT OVERVIEW ---~--ITEM CURRENT FRANCHISE Term (Years) 30 Installation Standards None ROW Restoration Within a reasonable time Foilowing FPL Work ltidemnity i=PL's standard indemnity language Franchise fee+Property Tax+ Franchise Payment Permits/fees= 6% of collected revenue · -FINAL NEGOTIATED TERMS OF NEW FRANCHISE 30 FPL's facilities on City Right-of-Ways (ROW's) must be consistent with the FOOT Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways. 1) If City requires removal or relocation of FPL facilities because they interfere with the use of a road or egresslingress to an abutting property, and FPL fails to complete within 30 days, then the City may . handle and charge back to FPL. 2)FPL mt.ist restore damage to the ROW within a reasonable time. While not in Franchise Agreement, City may require FPL, or its contractors to post cash security or bond in order to assure timely restoration of the ROW. City successfully negotiated inclusion of its own indemnity language, which affords City broader protection, and survives termination or expi~ation of Franchise Agre~ment. . While FPL's actual property tax Is still being paid to the City, it has been dropped from the formula and uncollectible amounts have been add'ed. Thus, in order for the City to receive the same franchise fee payment and for the FPL customer to pay the same ra\e for a franchise payment, the amount of collected revenue has been dropped from 6% to 5.29%. The Agreement also contains language that allows the City to increase the Franchise fee rate up to 6%, and to lower the rate down to 1% of coliected r~venues. · --> rt rt Ol n § (D ::I rt tJj w ~ (Q ITEM FPL's Right to terminate if FPL is placed at competitive disadvantage through deregulation or the granting of additional franchises by the City FPL's right to terminate for City's breach City's right to terminate for FPL's breach Additional (New) Sections included as a result of City's negotiations CURRENT FRANCHISE N.A. N.A. City has right to terminate. FINAL NEGOTIATED TERMS OF NEW FRANCHISE 1)1f the City grants a right, privilege or franchise to construct, operate or maintain electric power facilities within areas in which FPL may serve, and if FPL determines that those terms are materially more favorable than the Franchise Agreement, FPL shall give the City at least 180 days advance written notice of its intent to terminate. If, following ~egotiations, those terms and CO':Jditions are not remedied within 120 days by the City, FPL.may terminate the Franchise! Agreement by delivering written notice to the City Clerk. 2)1f as a result of a change in laws, any person or utility is permitted to provide electric service within City to customers then being served by FPL, and FPL determines that it's placed at a material competitive disadvantage as a result or same, It can be provide the City with 120 days notice of intent to terminate. City and FPL have 120 days to remedy the material competitive disadvantage or else FPL can terminate. 3)1n eithE!r situation, City has legal right to contest termination. (Note:"termination" of Franchise Agreement does not mean that FPL will cease to continue to provide power to CMB .customers. It means that it's not obligated to pay City the franchise fee}. 4)"0ther" breaches to terms or Franchise Agreement by City, while not resulting in termination, may give FPL right to go to court and, as a remedy, request that the court withhold franchise fee payments to City until breach is cured. (It means that it's not obligated to collect from residents or pay the City the franchise fee) None. However, FPL has the right to go to court to ask the court to determine whether and to what extent franchise fees may be withheld until the City cures. IF FPL violates the terms of the franchise agreements, City has rights to terminate but , if FPL contests termination, then City can't terminate until a final court determination (including appeals) holds that FPL did, in fact breach the franchise. 1) Section affirming City's position in favor of undergrounding utilities; 2) Section affirming/promoting meters using "smart grid technology", and providing that if FPL implements this technology, it will use best efforts to provide it to its retail customers in the City; 3) FPL received Florida Public Service Commission (PSC) approval for, and will proceed to implement, a plan which includes strengthening feeders delivering power to criti~l infrastructure facilities, including those located within City limit. w 1'.) 0 ITEM Non-Compete Clause and Exceptions ' Most Favored Nation Clause ------CURRENT FRANCHISE City will not engage in the business of distributing and selling electricity during the life of this franchise. No FINAL NEGOTIATED TERMS OF NEW FRANCHISE PROHIBITIONS: 1 )City cannot engage in distribution or sale of electricity in competition with FPL to any ultimate consumer of electrical utility service (i.e. a "retail customer"), or to any electrical distribution system established solely to serve retail customers that were formerly served by FPL. 2) City can't participate in proceedings or contractual arrangements that would have the purpose of I obligating FPL to transmit or distribute electricity from any third parties to retail customers. EXCEPTIONS: 1) City can engage in "wholesale" transitions. 2) City can utilize generators or other ·generating equipment during emergencies. 3)City can (if permitted by law) purchase electricity from third parties to power City facilities, or have F'PL transmit or distribute electricity purchased by City from third parties to power City facilities, provided that before it proceeds to do so, City notifies FPL and gives FPL right to match the third party's offe.r. If FPL matches the. offer (or makes a better one), City obligated to use FPL. 4) Renewable Energy: City can purchase "renewable electric energy" (as defined by Florida Statues), produced within City limits from third parties (including other utility companies) to power City facilities, or require FPL to transmit or distribute renewable energy to power City facilities; provided, however, that if City issues a competitive solicitation for a renewable energy purchase, FPL has right to bid on it as well. 5) Customer-owned Renewable Generation: Nothing in the Franchise Agreement prevents individual FPL customers in the City from offsetting part or all or their electricity requirements by installing and utilizing "customer owned renewable generation" technologies (such as solar and wind energy systems) on their premises, and then interconnecting with the FPL system. FPL customers are also permitted to utilize customer owned renewable generation to offset their on-site electricity consumption through the process of "net metering". Yes. If FPL enters into a franchise with any other city or county in Miami-Dade, Broward, or Palm Beach Counties offering a rate base greater that 6.0%, then, if City requests, FPL will match such rate for City. Additionally, since the Miami-Dade County franchise is coming up for renewal in the next decade, if the County negotiates a new County franchise with more favorable terms and conditions, then the City can avail itself of those as well. -----------···---··------···--··---------------- ORDINANCE NO.------- AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF MIAMI BEACH, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there is currently in effect a franchise agreement between the City of Miami Beach ("City") and Florida Power & Light Company ("FPL"), the terms of which are set forth in City of Miami Beach Ordinance No. 82-2294, passed and adopted January 20, 1982, and FPL's written acceptance thereof dated January 22, 1982, granting to FPL, its successors and assigns, a thirty (30) year electric franchise ("Current Franchise Agreement"); and WHEREAS, FPL and the City desire to enter into a new agreement ("New Franchise Agreement") providing for the payment of fees to the City in exchange for the non-exclusive right and privilege of supplying electricity and other electricity-related services within the City of Miami Beach free of competition from the City of Miami Beach, pursuant to certain terms and conditions; and WHEREAS, the City Commission deems it to be in the best interest of the City of Miami Beach and its citizens to enter into the New Franchise Agreement prior to expiration of the Current Franchise Agreement. 1 321 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. There is hereby granted to Florida Power & Light Company, its successors and assigns (hereinafter called the "Grantee"), for the period of thirty (30) years from the effective date hereof, the non-exclusive right, privilege, and franchise (hereinafter called "Franchise") to construct, operate, and maintain in, under, upon, along, over, and across the present and future roads, streets, alleys, bridges, easements, and rights-of-way (hereinafter called "Public Rights-of-Way") throughout all of the incorporated areas, as such incorporated areas may be constituted from time to time, of the City of Miami Beach, Florida, and its successors (hereinafter called the "Grantor"), in accordance with the Grantee's customary practice with respect to construction and maintenance, electric light and power facilities, including, without limitation, conduits, poles, wires, transmission and distribution lines, and all other facilities installed in conjunction with or ancillary to all of the Grantee's operations (hereinafter called "facilities"), for the purpose of supplying retail electricity service and other electricity-related services incidental thereto (which other electricity-related services are defined as FPL's facility-to-facility data capabilities over the lines to identify faults, load information, and other data necessary or helpful to the provision of electric service, and which do not include any services that are sold to others) to the Grantor and its successors, the inhabitants thereof, and persons beyond the limits thereof. Section 2(a). The facilities of the Grantee shall be so located, re-located, installed, constructed, and erected as to not unreasonably interfere with the convenient, safe, continuous use, or with the maintenance, improvement, extension or expansion of any 2 322 public "road," as defined under the Florida Transportation Code, nor unreasonably interfere with reasonable egress from and ingress to abutting property. (b) To minimize such conflicts with the standards set forth in subsection (a) above, the location, relocation, installation, construction, or erection of all facilities shall be made as representatives of the Grantor may prescribe in accordance with all applicable federal, state, and local statutes, laws, ordinances, rules, and regulations, and pursuant to Grantor's valid rules and regulations with respect to utilities' use of Public Rights-of-Way relative to the placing and maintaining in, under, upon, along, over, and across said Public Rights-of-Way, provided that such rules and regulations shall be (i) for a valid municipal purpose; (ii) shall not prohibit the exercise of Grantee's rights to use said Public Rights-of-Way for reasons other than conflict with the standards set forth above; (iii) shall not unreasonably interfere with Grantee's ability to furnish reasonably sufficient, adequate, and efficient electric service to all its customers while not conflicting with the standards set forth above; or (iv) shall not require relocation of any of the Grantee's facilities installed before or after the effective date hereof in any Public Rights-of-Way unless or until the facilities unreasonably interfere with the convenient, safe, or continuous use, or the maintenance, improvement, extension, or expansion, of such Public Rights-of-Way. 3 323 (c) Such rules and regulations shall recognize that above-grade facilities of the Grantee installed after the effective date hereof should, unless otherwise permitted, be installed near the outer boundaries of the Public Rights-of-Way to the extent possible, and such installation shall be consistent with the Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, as same may be amended from time to time. (d) When any portion of a Public Right-of-Way is excavated, damaged, or impaired by Grantee, or any of its agents, contractors or subcontractors, because of the installation, inspection, or repair of any of its facilities, the portion of the Public Right-of- Way so excavated, damaged, or impaired shall, within a reasonable time and as early as practicable after such excavation, damage, or impairment, be restored to its original condition before such excavation, damage, or impairment by the Grantee at its expense. (e) The Grantor shall not be liable to the Grantee for any cost or expense in connection with any relocation of the Grantee's facilities required under this Section, except, however, the Grantee may be entitled to reimbursement of its costs from others and as may be provided by law. (f) In the event the Grantor requires removal or relocation of Grantee's facilities because the facilities unreasonably interfere with the standards set forth in subsection (a) hereof, and Grantee fails to remove or relocate such facilities at Grantee's expense within thirty (30) days after written notice from Grantor, then Grantor may proceed to cause the facilities to be removed or relocated and the expense therefore shall be charged against the Grantee. 4 324 Section 3. The Grantor shall in no way be liable or responsible for any accident, injury, or damage, whether to persons or property, that may occur in the construction, installation, location, relocation, reconstruction, maintenance, repair, or operation by Grantee of its facilities hereunder. Accordingly, acceptance of this New Franchise Agreement by Grantee shall be deemed an agreement on the part of the Grantee to indemnify and hold harmless Grantor, and its officers, employees, agents, servants, contractors, or subcontractors, from and against any and all liability, loss, costs, damages, attorneys' fees, or expenses (including, without limitation, those for or related to any accident, injury, personal injury, wrongful death, or other damage to persons or property), including Grantor's reasonable attorneys' fees and costs incurred in defending itself against any claims for such liabilities, losses, costs, damages, or expenses asserted against Grantor by others which may accrue to or be incurred by or charged or sought against Grantor, or any of its officers, employees, agents, servants, contractors, or subcontractors, by reason of construction, installation, location, relocation, reconstruction, maintenance, repair, or operation of Grantee's facilities, or by any acts or omissions of negligence, gross negligence, strict liability, products liability, or intentional torts, default, or misconduct of the Grantee, or any of its officers, directors, agents, servants, employees, contractors, or subcontractors. The indemnity hereunder shall include not only the reasonable costs, expenses, and attorneys' fees incurred by the Grantor in defense of any third party's claim (prior to and during all phases of litigation, including trial and post-trial and appellate proceedings), but shall also include the reasonable costs, expenses, and attorneys' fees incurred by the Grantor in the event it must enforce the terms of this indemnity prior to and during all litigation, including trial, post-trial, and appellate 5 325 proceedings. This indemnity shall survive expiration or other termination of this New Franchise Agreement. Section 4. All rates and rules and regulations established by the Grantee from time to time shall be subject to such regulation as may be provided by law. Section 5. As a consideration for this Franchise, the Grantee shall pay to the Grantor, commencing ninety (90) days after the effective date hereof, and each month thereafter for the remainder of the term of this Franchise, an amount which when added to the amount of all licenses, excises, fees, charges and other impositions of any kind whatsoever (except ad valorem property taxes and non-ad valorem tax assessments on property) levied or imposed by the Grantor against the Grantee's property, business or operations, and against the property, business, or operations of the Grantee's subsidiaries that are directly involved in supplying electricity and other electricity-related services as defined in Section 1 of this New Franchise Agreement, during the Grantee's monthly billing period ending sixty (60) days prior to each such payment, will equal 5.29 percent (five and two ninths percent) of the Grantee's billed revenues, less actual write-offs, from the sale of electrical energy to residential, commercial, and industrial customers (as such customers are defined by Grantee's tariff) within the incorporated areas of the Grantor for the monthly billing period ending sixty (60) days prior to each such payment, and in no event shall payment for the rights and privileges granted herein exceed 5.29 percent of such revenues for any monthly billing period of the Grantee. The Grantor understands and agrees that such revenues as described in the preceding paragraph are limited, as in the Current Franchise Agreement, to the precise revenues described therein, and that such revenues do not include, by way of example 6 326 and not limitation: (a) revenues from the sale of electrical energy for Public Street and Highway Lighting (service for lighting public ways and areas); (b) revenues from Other Sales to Public Authorities (service with eligibility restricted to governmental entities); (c) revenues from Sales to Railroads and Railways (service supplied for propulsion of electric transit vehicles); (d) revenues from Sales for Resale (service to other utilities for resale purposes); (e) franchise fees; (f) Late Payment Charges as described in Grantee's tariff; (g) Field Collection Charges as described in Grantee's tariff; (h) other service charges permissible under Grantee's tariff. Section 6. Grantee recognizes and agrees that the City Commission may, once each calendar year, upon one hundred twenty (120) days advance written notice to Grantee, prospectively reduce the percentage rate of the franchise fee which is identified in Section 5 above, to a rate which is not less than one (1.0%) percent, and that the City Commission may also, upon providing the same period of notice to Grantee, once each calendar year prospectively increase the percentage rate of the franchise fee up to, but not in excess of, a rate of six (6.0%) percent. In the event this adjustment option is exercised by the City, the formula to be used in calculating the franchise fee to be remitted shall be and remain the formula specified in detail in Section 5 of this franchise agreement, with the exception of the adjusted franchise fee percentage. Further, in the event the City elects to exercise this adjustment option, such option shall be exercised by the adoption of an ordinance, a certified copy of which must be delivered to the Grantee no later than ninety (90) days before any such increase or reduction is to become effective, which ordinance identifies the adjusted franchise fee rate. Such ordinance shall provide that the Grantee shall pay to the Grantor, no later than ninety (90) days after the end of the Grantee's first 7 327 billing period and no later than ninety (90) days after the end of each succeeding monthly billing of the Grantee during the term of the franchise, franchise fees at the adjusted franchise fee percentage rate, using the same formula (with the exception of the adjusted franchise fee percentage) delineated in Section 5 above. In no event may the Grantor increase the amount by more than two (2.0%) percent from the percentage then being collected in any given year. The Grantor shall also have the option to reduce the amount to be paid by the Grantee to any percentage between six (6.0%) percent and one (1.0%) percent without any restriction or limitation on the size of that reduction, but in no event shall the Grantor have the option to increase the percentage used to calculate the amount to be paid by the Grantee as consideration for this franchise to any percentage which is greater than six (6.0%) percent, or to reduce the percentage used to calculate the amount to be paid by the Grantee as consideration for this franchise to any percentage which is less than one (1.0%) percent. The Grantor's option hereunder shall be limited solely to the percentage to be used in the calculation of the amount to be paid by the Grantee as consideration for this franchise and as specifically set forth in this subsection, and no other section or provision of this franchise ordinance, aside from the percentage identified in Section 5 above, may be altered, amended or affected by the Grantor without the concurrence of the Grantee. Nothing herein shall require the Grantor to exercise its option hereunder .Section 7. As a further consideration, during the term of this Franchise, the Grantor agrees: (a) not to engage in the distribution and/or sale, in competition with the Grantee, of electric capacity and/or electric energy to any ultimate consumer of electric utility service (herein called a "retail customer") or to any electrical distribution system 8 328 established solely to serve any retail customer formerly served by the Grantee; and (b) not to participate in any proceeding or contractual arrangement, the purpose or terms of which would be to obligate the Grantee to transmit and/or distribute, electric capacity and/or electric energy from any third party(ies) to any other retail customer's facility(ies); provided, however, that the Grantor shall not be considered a "third party" or an "other retail customer'' for purposes of this provision. Nothing specified herein shall prohibit the Grantor from engaging with other utilities or persons in wholesale transactions which are subject to the provisions of the Federal Power Act, or from utilizing generators and/or other electricity or energy-generating equipment during emergency situations. Nothing specified herein is intended to restrict the Grantor from providing services other than retail electricity service, which is the subject of the Grantor's agreement not to compete set forth in this paragraph. Nothing specified herein shall prohibit the Grantor, if permitted by law: (i) from purchasing electric capacity and/or electric energy from any other person or utility; or (ii) from seeking to have the Grantee transmit and/or distribute to any facility(ies) of the Grantor electric capacity and/or electric energy purchased by the Grantor from any other person or utility in compliance with applicable laws and regulations; provided, however, that before the Grantor elects to purchase electric capacity and/or electric energy from any other person or utility, the Grantor shall notify the Grantee. Such notice shall include a summary of the specific rates, terms and conditions that have been offered by the other person or utility and identify the Grantor's facility(ies) to be served under the offer. The Grantee shall thereafter have ninety (90) days to evaluate the offer and, if the Grantee offers rates, terms and conditions which are equal to or better than those offered by the 9 329 other person or utility, the Grantor shall be obligated to continue to purchase from the Grantee electric capacity and/or electric energy to serve the previously-identified facility(ies) of the Grantor for a term no shorter than that offered by the other person or utility. If, within such ninety (90) day period, the Grantee does not offer rates, terms and conditions that are equal to or better than those offered by the other person or utility, then the Grantor shall be free to consummate such purchase transaction with such other person or utility, and all of the terms and conditions of this Franchise shall remain in effect. Nothing herein shall prohibit the Grantor: (i) from purchasing renewable electric energy, which may include either or both of electric capacity or electric energy that is produced within Grantor's corporate limits using any technology recognized as renewable under Section 377.803 or Section 366.91, Florida Statutes (as same may be amended from time to time), or any applicable successor statute(s) that defines renewable energy, from any other person or utility in compliance with applicable laws and regulations; or (ii) from seeking to have the Grantee transmit and/or distribute to any facility(ies) of the Grantor renewable electric energy produced within the corporate limits of the Grantor and purchased by the Grantor from any other person or utility in compliance with applicable laws and regulations; provided, however, that if Grantor seeks to purchase such renewable energy from any other person or utility by conducting a competitive solicitation process for the provision of such renewable energy, then the Grantee shall have the right, but not the obligation, to participate in such competitive solicitation process on the same basis, under the same terms and conditions, and with the same opportunity to be awarded the contract to provide the renewable energy sought by the City, as any and all other 10 330 proposers or bidders participating in the process. All of the terms and conditions of this Franchise shall remain in effect without regard to whether the Grantee, or any other vendor, is awarded the contract to provide renewable energy to the Grantor, provided the Grantor awards the contract pursuant to its competitive solicitation process, or alternatively awards the contract in accordance with Section 2-367 of the Code of the City of Miami Beach (as same may be amended from time to time) or any successor ordinance(s) without going through the competitive solicitation process. Grantee agrees that it will not initiate any territorial complaint or territorial dispute litigation against any supplier of renewable energy with which the Grantor contracts following such competitive procurement process or following the award of the contract without going through the competitive solicitation process in accordance with Section 2-367 of the Code of the City of Miami Beach or any successor ordinance(s). Section 8. If during the term of this New Franchise Agreement the Grantee enters into a franchise agreement with any other municipality or county government located in Miami-Dade County, Broward County, or Palm Beach County, Florida, the terms of which provide for the payment of franchise fees by the Grantee at a rate greater than 6.0 percent of the Grantee's residential, commercial and industrial revenues (as such customers are defined by Grantee's tariff), under the same terms and conditions as specified in Section 5 hereof, then the Grantee, upon written request of the Grantor, shall negotiate and enter into a new franchise agreement with the Grantor in which the percentage to be used in calculating monthly payments under Section 5, using the same terms and conditions as specified in Section 5 hereof, shall be the greater rate provided to the other Miami-Dade County, Broward County, or Palm Beach County, Florida 11 331 municipality or county; provided, however, that if the franchise with such other Miami-Dade County, Broward County, or Palm Beach County, Florida municipality or county contains additional benefits given to Grantee in exchange for the increased franchise rate, and such additional benefits are not contained within this New Franchise Agreement, then Grantee shall have the sole discretion to include within such new franchise agreement with Grantor the additional benefits found within the triggering franchise (i.e., the franchise that triggers the operation of this Most Favored Nations provision) which Grantee may choose to include in the new franchise agreement with Grantor. In addition to the foregoing, if during the term of this New Franchise Agreement the Grantee enters into a franchise agreement with Miami-Dade County on terms and conditions that the Grantor reasonably determines are materially more favorable to Miami- Dade County than the terms and conditions contained herein, then the Grantee, upon written request of the Grantor, shall negotiate and enter into a new franchise agreement with the Grantor that contains the terms and conditions that the Grantor has identified in the Miami-Dade County franchise as being materially more favorable to Miami-Dade County; provided, however, that if the franchise with Miami-Dade County contains additional benefits given to Grantee in exchange for the materially more favorable terms and conditions, and such additional benefits are not contained within this New Franchise Agreement, then Grantee shall have the sole discretion to include within such new franchise agreement with Grantor the additional benefits found within the triggering franchise (i.e., the Miami-Dade County franchise that triggers the operation of this Most Favored Nations provision) which Grantee may choose to include in the new franchise agreement with Grantor. 12 332 Section 9. If the Grantor grants a right, privilege or franchise to any other person or utility or otherwise enables any other such person or utility to construct, operate, or maintain electric light and power facilities within any part of the incorporated areas of the Grantor in which the Grantee may lawfully serve or compete on terms and conditions which the Grantee reasonably determines are materially more favorable than the terms and conditions contained herein, the Grantee may at any time thereafter terminate this Franchise Agreement if such terms and conditions are not remedied within the time period provided hereafter. The Grantee shall give the Grantor at least 180 days advance written notice of its intent to terminate, and the Grantor and Grantee agree to negotiate in good faith toward a mutually acceptable resolution of Grantee's claimed disadvantage during this 180 day period. Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise the Grantor of such terms and conditions that it considers materially more favorable. The Grantor shall then have 120 days in which to correct or otherwise remedy the terms and conditions complained of by the Grantee. If the Grantee reasonably determines that such terms and conditions are not remedied by the Grantor within said time period, the Grantee may terminate this Franchise Agreement by delivering written notice to the Grantor's Clerk and termination shall be effective on the date of delivery of such notice. Nothing contained herein shall be construed as constraining Grantor's rights to legally challenge at any time Grantee's determination of "materially more favorable terms or conditions" leading to _termination under this Section. Section 10. If as a direct or indirect consequence of any legislative, regulatory or other action by the United States of America or the State of Florida (or any department, agency, authority, instrumentality or political subdivision of either of them), any person or 13 333 utility is permitted to provide electric service within the incorporated areas of the Grantor to a customer then being served by the Grantee, or to any new applicant for electric service within any part of the incorporated areas of the Grantor in which the Grantee may lawfully serve, and the Grantee reasonably determines that its obligations hereunder, or otherwise resulting from this Franchise in respect to rates and service, place it at a material competitive disadvantage with respect to such other or utility person, the Grantee may, at any time after the taking of such action, terminate this Franchise Agreement if such material competitive disadvantage is not remedied within the time period provided hereafter. The Grantee shall give the Grantor at least 120 days advance written notice of its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise the Grantor of the consequences of such action which resulted in the material competitive disadvantage. The Grantor shall then have 120 days in which to correct or otherwise remedy the material competitive disadvantage, and the Grantor and Grantee agree to negotiate in good faith toward a mutually acceptable resolution of Grantee's claimed disadvantage during this 120 day period. If such material competitive disadvantage is, in the reasonable determination of Grantee, not remedied by the Grantor within said time period, and if no mutually acceptable resolution of the matter is reached through negotiation, the Grantee may terminate this Franchise Agreement by delivering written notice to the Grantor's Clerk and termination shall take effect on the date of delivery of such notice. Nothing contained herein shall be construed as constraining Grantor's rights to legally challenge at any time Grantee's determination of "material competitive disadvantage" leading to termination under this Section. 14 334 Section 11. Failure on the part of the Grantee to comply in any material respect with any of the provisions of this Franchise shall be grounds for forfeiture. In the event Grantor reasonably determines that it will invoke this forfeiture provision, Grantor shall give the Grantee at least 180 days advance written notice of its intent to invoke the forfeiture provision, and the Grantor and Grantee agree to negotiate in good faith toward a mutually acceptable resolution of the claimed basis for the forfeiture during this 180 day period. Such notice shall, without prejudice to any of the rights reserved for the Grantor herein, advise the Grantee of the substance of the alleged failure of Grantee to comply in a material respect with the provisions of this Franchise that Grantor considers to be the basis for the forfeiture. The Grantee shall then have 120 days in which to correct or otherwise remedy the claimed basis for the forfeiture. If the Grantor reasonably determines that such claimed basis for the forfeiture is not remedied by the Grantee within said time period, the Grantor may invoke this forfeiture provision by delivering written notice to Grantee's Corporate Secretary and forfeiture shall be effective on the date of delivery of such notice. Nothing contained herein shall be construed as constraining Grantee's rights to legally challenge at any time Grantor's determination of the claimed basis for the forfeiture leading to termination under this Section. The Grantor maintains the right, at its discretion, to grant such additional time to the Grantee for compliance as necessities in the case require. Section 12. Failure on the part of the Grantor to comply in substantial respect with any of the provisions of this Franchise, including but not limited to: (a) denying the Grantee use of Public Rights-of-Way for reasons other than as set forth in Section 2 hereof; (b) imposing conditions for use of Public Rights-of-Way contrary to Florida law or 15 335 the terms and conditions of this Franchise; (c) unreasonable delay in issuing the Grantee a use permit, if any, to construct its facilities in Public Rights-of-Way, shall constitute breach of this Franchise and entitle the Grantee to withhold such portion of the payments provided for in Section 5 hereof as a court of competent jurisdiction has, upon action instituted by Grantee, determined to be equitable, just, and reasonable, considering the totality of the circumstances, until such time as a use permit is issued, or a court of competent jurisdiction has reached a final determination (after the expiration or exhaustion of all rights of appeal) in the matter. The Grantor recognizes and agrees that nothing in this New Franchise Agreement constitutes or shall be deemed to constitute a waiver of the Grantee's delegated sovereign right of condemnation and that the Grantee, in its sole discretion, may exercise such right as provided by law. The Grantee recognizes and agrees that nothing in this New Franchise Agreement constitutes or shall be deemed to constitute a waiver of the Grantor's delegated sovereign right of condemnation and that the Grantor, in its sole discretion, may exercise such right as provided by law, provided that the Grantor shall not exercise such right so as to violate the Grantor's covenant, set forth in Section 7 hereof, not to compete against the Grantee in the distribution and/or sale of electricity to retail customers. Section 13. The Grantor may, at its option, upon reasonable notice to Grantee, within 180 days after each anniversary date of this Franchise, at the sole expense of Grantor, examine the books and records of Grantee as such books and records relate to the calculation of the franchise fee payment to the Grantor for the calendar year preceding such anniversary date. Grantee shall use a system of accounts and form of materials as prescribed by applicable law or regulation. Grantee shall attach to each payment to 16 336 Grantor a statement of its gross revenues against which the franchise fee is to be calculated as to all residential, commercial, and industrial accounts. Acceptance of payment by Grantor shall not stop Grantor from asserting that the amount paid is not the amount due. Grantee shall make available for review all accounts and records of Grantee that Grantor may reasonably request or require relative to calculating the franchise fee. Such examination of books and records of Grantee by Grantor shall be made during the regular business hours of the Grantee at the general office of the Grantee. Records not prepared by the Grantee in the ordinary course of its business may be provided at the Grantor's expense and as the Grantor and the Grantee may agree in writing. Additionally, where copies of Grantee's records may be properly obtained by Grantor for purposes of this Section, said copies will be made at the Grantor's expense. Information identifying the Grantee's customers by name or their electric consumption shall not be taken from the Grantee's premises. Such audit shall be impartial and all audit findings, whether they decrease or increase payment to the Grantor, shall be reported to the Grantee. The Grantor's right to examine the records of the Grantee in accordance with this Section shall not be conducted by any third party employed by the Grantor whose fee, in whole or part, for conducting such audit is contingent on findings of the audit. Records shall be retained by Grantee for a period of five (5) years. The provisions of this Section shall survive termination of this New Franchise Agreement. Notwithstanding the preceding paragraph, Grantor shall have one (1) year following the expiration of the Current Franchise Agreement within which to conduct the examination and audit contemplated by this Section, as to such Agreement; such 17 337 examination and audit to cover the last three (3) years of the Current Franchise Agreement. Section 14. Notwithstanding any provision of this New Franchise Agreement, nothing herein shall prevent, prohibit, or in any way restrict the Grantor's ability to take advantage of all applicable services set forth in Grantee's tariffs as those tariffs are approved from time-to-time by Grantee's regulators, and nothing herein shall prevent, prohibit, or in any way restrict the Grantor's ability to avail itself of all rights accruing to Grantor as a retail customer of Grantee under Florida law and the rules and regulations of the Florida Public Service Commission. Section 15. Should any section or provision of this New Franchise Agreement or any portion hereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof, other than the part declared to be invalid. Section 16. Grantee understands and acknowledges that Grantor's policies strongly favor undergrounding of utilities and improvement of safety and aesthetics. Grantee has filed a tariff and has adopted a Mechanism for Governmental Recovery of Undergrounding Fees (MGRUF), along with other undergrounding tariffs. Requests made by Grantor for undergrounding shall by implemented by Grantee in accordance with the applicable tariffs in effect on the date of Grantor's request. Section 17. Grantee acknowledges that Grantor's policies strongly favor the widespread dissemination of meters featuring "smart grid technology" which utilize an interactive monitoring network capable of providing real time electrical energy usage information to both Grantee and Grantee's retail customers via an advanced, two-way 18 338 communication device. If this technology is implemented by Grantee, Grantee shall utilize its best practicable efforts to provide such technology to retail customers located in the incorporated area of Grantor consistent with good and prudent utility practice. Section 18. Grantee understands and acknowledges that Grantor's policies strongly favor strengthening electric utility infrastructure. Grantee has filed and received Florida Public Service Commission (FPSC) approval for a plan which includes strengthening feeders delivering power to critical infrastructure facilities, including feeders located within the Grantor's boundaries. Subject to continued FPSC or regulatory approval, Grantee will implement its infrastructure hardening plan within the Grantor's boundaries. Section 19. Grantor acknowledges it is fully informed concerning the existing franchise granted by Miami-Dade County, Florida, to the Grantee herein, and accepted by the Grantee as set out in Ordinance No. 60-16, adopted on May 3, 1960, and subsequently renewed and accepted by the Grantee as set out in Ordinance No. 89-81, adopted on September 5, 1989 by the Board of County Commissioners of Miami-Dade County, Florida. Grantor agrees to indemnify and hold Grantee harmless against any and all liability, loss, cost, damage and expense incurred by Grantee in respect to any claim asserted by Miami-Dade County against Grantee arising out of the franchise set out in the above referenced ordinances for the recovery of any sums of money paid by Grantee to Grantor under the terms of this New Franchise Agreement. Grantee acknowledges and Grantor hereby relies on the Dade County Resolution No. R-709-78, adopted on June 20, 1978, in the granting of this Franchise. 19 339 Section 20. As used herein, "person" means an individual, a partnership, a corporation, a business trust, a joint stock company, a trust, an incorporated association, a joint venture, a governmental authority or any other legal entity of any nature whatsoever. Section 21. Ordinance No. 82-2294, passed and adopted January 20, 1982 and all other ordinances and parts of ordinances and all resolutions and parts of resolutions in conflict herewith, are hereby repealed. Section 22. As a condition precedent to the taking effect of this Ordinance, the Grantee shall file its acceptance hereof with the Grantor's Clerk. Grantor and Grantee agree and acknowledge that Grantee shall deliver its Acceptance to Grantor on or before January 20, 2012, provided that this Ordinance has passed on first and second reading on or before January 20, 2012, and in that event the effective date of the New Franchise Agreement shall be the date on which said Acceptance is delivered to the Grantor's Clerk by Grantee. PASSED on first reading this day of ______ ,, 2011. PASSED AND ADOPTED on second reading this day of -------' 2012. CITY OF MIAMI BEACH, FLORIDA By: ------------- ATIEST: By: ------------------City Clerk of the City of Miami Beach, Florida 20 340 (SEAL) APPROVED AS TO FORM & LANGUAGE &fOA EXECUTION .• ~ ~::\J- ate COMMISSION ITEM SUMMARY Condensed Title: An Ordinance creating Article II of Chapter 100 entitled "Energy Economic Development Zone Pilot Program, providing criteria to allow businesses to participate in the Florida Energy Economic Zone Pilot Program. Key Intended Outcome Supported: Enhance the environmental sustainability of the community. Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction Survey, 86% of respondents of the environmental scan reported Miami Beach as an Excellent/Good place to live. Issue: I Shall the City Commission adopt the Ordinance on First Reading? Item SummaryJRecommendation: In 2009, the Florida Legislature created the Energy Economic Zone pilot program Chapter 2009-89, Laws of Florida (House Bill 5013, 2009) for the purpose of developing a model to help communities cultivate green economic development, encourage renewable electric energy generation, manufacture products that contribute to energy conservation and green jobs, and other activities related to energy efficiency and land use planning. The City of Miami Beach was selected as a pilot community. In 2011, the legislature passed, and the Governor signed additional legislation for the EEZ pilot programs regarding incentives (Chapter 2011-223, Laws of Florida (House Bill 879, 2011). Under that law, Miami Beach must adopt an ordinance establishing an EEZ incentive program. The draft Ordinance is intended to keep the program simple and minimize the resources needed for implementation and administration of the program, to keep administration of the program efficient, and to make the program friendly and not burdensome for the applicants. To this end, the Administration recommends that the determination of whether or not a business has met certain thresholds of energy efficiency and sustainability be determined by their participation in already established programs. The Administration recommends that the following businesses be eligible for the incentives approved by the State of Florida: LEED certified projects; Green Lodging Establishments; or Businesses which achieve an ENERGY STAR Rating of 50 or higher. THE ADMINISTRATION RECOMMENDS ADOPTING THE ORDINANCE ON FIRST READING AND REFERRING THE ORDINANCE TO THE LAND USE COMMITTEE FOR DISCUSSION. Financial Information: Source of Amount Account Funds: 1 [J 2 3 4 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Kevin Crowder, Extension 6186 Si n-Offs: Department Director KC H T:\AGENDA\2012\2-8-12\Ecozone Summary.doc MIAMI BEACH 341 AGENDA ITEM B. S" F DATE z_-g-{2- ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City C mmission FROM: Jorge M. Gonzalez, City Manager DATE: February 8, 2012 SUBJECT: AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 100 OF THE MIAMI BEACH CITY CODE, BY CREATING ARTICLE II ENTITLED, "ENERGY ECONOMIC DEVELOPMENT ZONE PILOT PROGRAM;" CREATING SECTIONS 100-21 THROUGH 100-27 THEREOF, PROVIDING FOR PURPOSE, DEFINITIONS, ENERGY ECONOMIC DEVELOPMENT ZONE BOUNDARIES, ELIGIBILITY CRITERIA, ENERGY EFFICIENCY STANDARDS, AND PROGRAM GUIDELINES AND REVIEW TO ALLOW BUSINESSES IN THE CITY TO PARTICIPATE IN THE FLORIDA ENERGY ECONOMIC DEVELOPMENT ZONE PILOT PROGRAM, AS FURTHER DETAILED IN THE ORDINANCE; PROVIDING FOR SEVERABILITY; CODIFICATION, REPEALER, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance on First Reading and refer the Ordinance to the Land Use Committee for discussion between first and second reading. BACKGROUND In 2009, the Florida Legislature created the Energy Economic Zone pilot program Chapter 2009-89, Laws of Florida (House Bill 5013, 2009) for the purpose of developing a model to help communities cultivate green economic development, encourage renewable electric energy generation, manufacture products that contribute to energy conservation and green jobs, and other activities related to energy efficiency and land use planning. The Florida Department of Community Affairs designated the City of Miami Beach and Sarasota County as the "Energy Economic Zone Pilot Program Communities." The City of Miami Beach was specifically designated as the "Urban Service Area: City Redevelopment Program" model. Intended to provide a model for the development of energy-efficient land use patterns, the program models include strategies to reduce greenhouse gas emissions, cultivate green economic development, encourage renewable electric energy generation, and promote product manufacturing that contribute to energy conservation and green jobs. Once designated, a community receives technical assistance from the Department of Economic Opportunity, Division of Strategic Business Development (formerly the Office of Tourism, Trade and Economic Development), the Office of Energy (formerly the Governor's Office of Energy and Climate Change) and the Florida Department of Transportation. The intended result is a series of program models that could serve as a model for Florida's communities. Through the application process, the City designated the entire municipality as the Energy Economic Zone. With a land area of seven square miles and a 2008 population estimate of 342 Commission Memorandum Energy Economic Zone Pilot Program February 8, 2012 94,040 persons, this densely populated urban area averages about 13,400 people per square mile. As a compact metropolitan locale, the city lends itself to urban design served by a highly connected street and trail system designed for multiple modes of transportation. In addition, opportunities emerge to provide for more efficient use and reuse of infrastructure. One of the main reasons that the City of Miami Beach was designated was due to the comprehensive efforts to create and implement the Sustainability Plan and its associated initiatives. The Sustainability Plan also serves as the Energy Economic Zone Work Plan. 2011 LEGISLATION In 2011, the legislature passed, and the Governor signed, additional legislation for the EEZ pilot programs regarding incentives (Chapter 2011-223, Laws of Florida (House Bill 879, 2011 ). Under that law, Miami Beach must adopt an ordinance establishing an EEZ incentive program that provides, at a minimum, the following: o Boundaries of the Energy Economic Zone, with a provision allowing a change in boundaries by ordinance amendment; o Energy-efficiency standards; and o Eligibility criteria for applicants seeking state and local incentives within the EEZ. House Bill 879 provides that a governing authority (Miami Beach) with jurisdiction over an Energy Economic Zone may provide no more than $300,000 in incentives in any state fiscal year. If the $300,000 incentive cap is not fully used, the unused amount may be carried forward for no more than five (5) years. The draft Ordinance is intended to keep the program simple and minimize the resources needed for implementation and administration of the program; to keep administration of the program efficient; and to make the program friendly and not burdensome for the applicants. To this end, the Administration recommends that the determination of whether or not a business has met certain thresholds of energy efficiency and sustainability be determined by their participation in already established programs. The Administration recommends that the following businesses be eligible for the incentives approved by the State of Florida: • LEED certified projects; • Green Lodging Establishments designated by the Florida Department of Environmental Protection; or • Businesses which achieve an ENERGY STAR Rating of 50 or higher in each of the buildings that are the subject of the Energy Economic Development Zone application and attach to the application a report from the ENERGY STAR Portfolio Manager program verifying the ENERGY STAR rating. Additionally, the Administration seeks guidance on whether the program should be limited to renovations of existing buildings, and/or the retrofit of existing businesses. This would be consistent with Miami Beach's designation as the "Urban Service Area: City Redevelopment Program" model for the pilot program. The Draft Ordinance provides for approval and revision of the Program Guidelines by Resolution, and further recommends that the Sustainability Committee review the Energy Economic Zone program within six (6) months of adoption and annually thereafter to determine if any revisions should be recommended to the City Commission. 343 Commission Memorandum Energy Economic Zone Pilot Program February 8, 2012 Program Guidelines The Program Guidelines may include, among other provisions, prioritization of the eligibility criteria, the allocation of incentives based on eligibility criteria, and the process for application review and incentive approval. The Resolution approving the Program Guidelines must be adopted prior to the availability of funds in July 2012. The Sustainability Committee has reviewed the Draft Ordinance, and will discuss it further at its February meeting. At that meeting, the Administration will also solicit input from the Committee regarding the Program Guidelines. Additionally, the Administration recommends that the Land Use Committee discuss the Ordinance between first and second reading. State Tax Incentives The State of Florida incentives provided by the Ordinance become available on July 1, 2012, and include the following tax incentives: • Provides a refund for sales taxes paid on the purchase of certain building materials, up to $5,000 or 97 percent of the tax paid. For projects where at least 20 percent of the employees live in the enterprise zone, the refund is the lesser of $10,000 or 97 percent of the tax paid. • Provides a refund for sales taxes paid on the purchase of certain equipment, up to $5,000 or 97 percent of the tax paid. For projects where at least 20 percent of the employees live in the enterprise zone, the refund is the lesser of $10,000 or 97 percent of the tax paid • Provides a sales and use tax credit for up to 30 percent of wages paid to new employees who live within the enterprise zone. • Provides a refund for sales taxes paid on the purchase of certain business property, up to $5,000 or 97 percent of the tax paid per parcel of property, which is used exclusively in an enterprise zone for at least 3 years. • Provides 50 percent sales tax refund for donations made to local community development projects. • Provides 50 percent sales tax exemption to qualified businesses located within an enterprise zone on the purchase of electrical energy. Available state corporate income tax incentives for enterprise zones include: • Provides a corporate income tax credit for up to 30 percent of wages paid to new employees who live within the enterprise zone. • Provides a credit against Florida corporate income tax equal to 96 percent of ad valorem taxes paid on the new or improved property. • Provides a 50-percent credit on Florida corporate income tax or insurance premium tax, or a sales tax refund, for donations made to local community development projects CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Ordinance on first reading and refer the Ordinance to the Land Use Committee for discussion between first and second reading. T:\AGENDA\2012\2-8-12\Ecozone.docx 344 ORDINANCE NO. 2012-__ _ AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 100 OF THE MIAMI BEACH CITY CODE, BY CREATING ARTICLE II ENTITLED, "ENERGY ECONOMIC DEVELOPMENT ZONE PILOT PROGRAM;" CREATING SECTIONS 100-21 THROUGH 100-27 THEREOF, PROVIDING FOR PURPOSE, DEFINITIONS, ENERGY ECONOMIC DEVELOPMENT ZONE BOUNDARIES, ELIGIBILITY CRITERIA, ENERGY EFFICIENCY STANDARDS, AND PROGRAM GUIDELINES AND REVIEW TO ALLOW BUSINESSES IN THE CITY TO PARTICIPATE IN THE FLORIDA ENERGY ECONOMIC DEVELOPMENT ZONE PILOT PROGRAM, AS FURTHER DETAILED IN THE ORDINANCE; PROVIDING FOR SEVERABILITY; CODIFICATION, REPEALER, AND AN EFFECTIVE DATE. WHEREAS, in 2009, the Florida Legislature created the Energy Economic Zone (EEZ) Pilot Program (Section 377.809, Florida Statutes) for purposes of developing a model to help communities cultivate green economic development, encourage renewable electric energy generation, and promote the manufacturing of products that contribute to energy conservation and green jobs; and WHEREAS, the aforestated State legislation sets forth an application process for local governments applying to the State for designation as a pilot community and limited eligible locations within a pilot community to adopted urban service areas and a county landfill outside the urban service boundary; and WHEREAS, the application process requires applicants to indicate: (1) the anticipated boundaries of the EEZ; (2) how the projected EEZ would lend itself to mixed-use and form- based standards, multimodal transportation facilities and/or renewable energy facilities; and (3) a strategic plan illustrating how the EEZ would allow for promotion of land use and development patterns to: (i) reduce reliance on automobiles; (ii) encourage certified green building development and renewable energy systems; (iii) encourage creation of green jobs; and (iv) demonstrate how local financial and regulatory incentives will be used in the EEZ; and WHEREAS, in 2009, Sarasota County and the City of Miami Beach were selected by the State as the two communities to participate in the EEZ Pilot Program; and WHEREAS, in 2011, the Legislature amended Section 377.809, Florida Statutes, providing that all the incentives and benefits available to enterprise zones pursuant to State law, and other specifically identified benefits, will be available within an EEZ, and setting forth the process by which each of the EEZ governing bodies would implement the EEZ Program within its jurisdiction; and WHEREAS, in order to provide EEZ incentives, the EEZ governing body must adopt an ordinance no later than March 1, 2012, that establishes the boundaries of the EEZ; specifies applicable energy efficiency standards for businesses within the EEZ; and determines eligibility criteria for those businesses applying for EEZ incentives; and WHEREAS, Section 377.809, Florida Statutes, further provides that, effective July 1, 2012, the total amount of State credits, refunds and exemptions that may be provided by each 345 EEZ governing body to eligible businesses for EEZ incentives is $300,000 in any State fiscal year; and WHEREAS, If the $300,000 incentive cap is not fully used in any single State fiscal year, the unused amount of the cap may be carried forward for up to 5 years; and WHEREAS, each EEZ governing body is responsible for allocating the incentives, for verifying that businesses receiving such incentives are eligible for the incentives provided, and for ensuring that the incentives provided do not exceed the cap for the State fiscal year; and WHEREAS, as provided by law, no later than February 15, 2015, the Florida Department of Economic Opportunity (DEO) is to evaluate each EEZ Pilot Program and report to the Governor and Legislature any recommended revisions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 1 00 of the Miami Beach City Code is hereby amended by creating a new Article II, entitled "Energy Economic Development Zone Pilot Program," as follows: ARTICLE II. -ENERGY ECONOMIC DEVELOPMENT ZONE PILOT PROGRAM Sec. 100-21. Purpose. The Energy Economic Development Zone Pilot Program was created in 2009, pursuant to Section 377.809, Florida Statutes. to help communities such as the City of Miami Beach cultivate green economic development. encourage renewable electric energy generation, manufacture products that contribute to energy conservation and green jobs. The City of Miami Beach is a high-density urban city. which has implemented many sustainability and energy efficiency initiatives. The Energy Economic Development Zone Pilot Program provides the City with additional resources and support to continue implementation of the City's Sustainability Plan. and it is in the best interest of the City and its citizens to participate in the Pilot Program. Sec. 100-22. Definitions. The following words. terms and phrases, when used in this article. shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning, or as may be amended from time to time. City Commission means the Miami Beach City Commission. Clean Technology Sector Business means a business that produces products. services. and processes that harness renewable materials and energy sources. dramatically reduce the use of natural resources. and cut or eliminate emissions and wastes. Green Business means a business that is managed to minimize adverse environmental impacts regardless of the product or services the business offers. Green Lodging Establishment means a hotel that has been designated as a Green Lodging Establishment by the Florida Department of Environmental Protection. LEED means the Leadership in Environmental and Energy Design program administered by the United States Green Building Council. 346 Sec. 1 00-23. Energy Economic Development Zone Boundaries. The Energy Economic Development Zone shall be comprised of the entirety of the City of Miami Beach. Sec. 100-24. Eligibility Criteria. In order for a business within the City of Miami Beach to be eligible to apply for an Energy Economic Development Zone incentive. it must satisfy the following criteria: (a) The business is located within the boundaries of the Energy Economic Development Zone. as defined in Section 1 00-23; and (b) The business is either a Clean Technology Sector Business or a Green Business. as both are defined in Section 1 00-22. and meets or exceeds the Energy Efficiency Standards set forth in Section 1 00-25; or (c) The business is LEED certified; or (d) The business is a Green Lodging Establishment. as defined in Section 100-22. Sec. 1 00-25. Energy Efficiency Standards A business within the City of Miami Beach applying for an Energy Economic Development Zone incentive must meet one of the following standards: (a) The business must achieve an ENERGY STAR Rating of 50 or higher in each of the buildings that are the subject of the Energy Economic Development Zone application. and attach to the application a report from the ENERGY STAR Portfolio Manager Program verifying the ENERGY STAR rating; or (b) The business must achieve the energy efficiency standards of one of the following programs: (i) the Green Lodging Program administered by the Florida Department of Environmental Protection; or (ii) the Leadership in Environmental and Energy Design Program. administered by the U.S. Green Building Council. Sec. 100-26. Program Guidelines. The City Commission may adopt. by resolution. its own Energy Economic Development Zone Program Guidelines. which may include. among other provisions. prioritization of the eligibility criteria; allocation of incentives based on eligibility criteria; and the process for application review and incentive approval. The Sustainability Committee shall review the City's proposed Energy Economic Development Zone Program Guidelines no later than six (6) months from the date of adoption of this Ordinance. and at least annually thereafter throughout the duration of the Program. to determine if any revisions should be recommended to the City Commission. If 347 the City Commission does not adopt the initial Guidelines by July 1. 2012. then the City shall implement the Program as provided pursuant to the State's guidelines. Sec. 100-27. Program Administration. The Energy Economic Development Zone Program and the incentives provided by the State of Florida to businesses participating in the Program will be reviewed and administered by the City's Economic Development Division. SECTION 2. 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 3. 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 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 upon filing with the Office of Secretary of State of the State of Florida. PASSED AND DULY ADOPTED by the Mayor and City Commission of the City of Miami Beach, Florida, this day of , 2012. ATTEST: CITY CLERK First Reading: Second Reading: Underscore denotes new language. Strikethrough denotes deleted language. T:\AGENDA\2012\2-8-12\Ecozone Ordinance (Revised 2-1-2012).doc 348 MAYOR APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION 2.-1-n ..... ttorn~{;v Date COMMISSION ITEM SUMMARY Condensed Title: Amending Section 142-1111, "Short Term Rental Of Apartment Units Or Townhomes," To Allow An Extension Of Time For A lications Due To Governmental Error. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc.): While nearly half, 47.6%, suggested the effort put forth by the City to regulate development is "about the right amount," nearly one-third, 29.6%, indicated "too little" effort is being put forth by the City in this area. Issue: Should the City Commission amend the City Code to allow an extension of time for applications for short term rental due to overnmental error? Item Summary/Recommendation: FIRST READING The owner of 751 Meridian Avenue submitted an application to the Florida Department of Business & Professional Regulation (DBPR), Division of Hotels and Restaurants in September 2009 for a Transient Apartment license. Through an error by DBPR, the application was processed as non transient, rather than a transient license. The property has also been issued a resort tax account by the City. When the City adopted the "Short Term Rental of Apartment Units or Townhomes" ordinance allowing such rentals in the Flamingo Park Neighborhood, the owners of 751 Meridian Avenue were not able to obtain the required Certificate of Use to comply with the restrictions in the ordinance due to the State error when issuing the license, nor were they notified of the applicable deadlines and did not become aware of the deadlines until they had passed. At the September 21, 2011 LUDC meeting, the Committee discussed this issue and by a vote of 3-0, moved to refer an amending ordinance to the Planning Board, but with the restriction that an extension of time be limited to 60 days after adoption of the ordinance and only because of governmental error in issuing the proper license. The Administration recommends that the City Commission approve the proposed ordinance on first reading and set a second reading public hearing for the March 21, 2012 meeting. At its December 13, 2011 meeting, the Planning Board reviewed the proposed ordinance and by a vote of 4-1 2 members absent recommended that the Cit Commission a rove the ordinance. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI 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 determined that there may be a measurable impact on the City's budget by enacting the proposed ordinance as there should be a slight revenue increase in Resort Taxes. MlAMIBEACH 349 r>s&-AGENDA ITEM _f'\ ___ _ DATE 2-~-{2.- ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager~ February 8, 2012 o-u FIRST READING SUBJECT: Short Term Rental of Apartment Units or Townhomes AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142 OF THE CITY CODE, "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 3, "SUPPLEMENTARY USE REGULATIONS," BY AMENDING SECTION 142·1111, "SHORT TERM RENTAL OF APARTMENT UNITS OR TOWN HOMES," TO ALLOW AN EXTENSION OF TIME FOR APPLICATIONS DUE TO GOVERNMENTAL ERROR; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the proposed ordinance on first reading in its current, limited form and set a second reading public hearing for the March 21, 2012 meeting. The Administration does not support expanding the scope of the proposed ordinance. BACKGROUND This item was referred by the City Commission to the Planning Board at its October 19, 2011 meeting (City Commission item C4A), following an earlier referral to and review by the Land Use and Development Committee at its September 21, 2011 meeting, at the request of Commissioner Exposito (May 11, 2011 City Commission Item C4D). The item seeks a recommendation on a proposed amendment to the recently enacted Ordinance 2010-3685, "Short Term Rental Of Apartment Units Or Townhomes -Flamingo Park Neighborhood," which contains provisions and regulations governing those properties to be legalized for short term rental in that neighborhood. The time periods specified in the ordinance are as follows: Time periods to apply for short-term rental approvals. (1) Owners demonstrating compliance with subsections (b)(1) or (2) above, shall apply for a certificate of use permitting short-term rental as detailed in subsection 142- 350 City Commission Memorandum Short term rentals February 8, 2012 Page2 1111 (d) within a time period of six months from the effective date of this section (June 19, 201 0), or be deemed ineligible to proceed through the process specified herein for legalization of short-term rentals. (2} Within three months of the effective date of the ordinance enacting this section (June 19, 2010), eligible owners shall apply to obtain all necessary approvals to comply with the Florida Building Code, Florida Fire Prevention Code and with all other applicable life safety standards. (3} Compliance with the applicable requirements of the Florida Building Code and Florida Fire Prevention Code shall be demonstrated by October 1, 2011, or rights to engage in short-term rental under this section shall be subject to restrictions and/or limitations as directed by the building official and/or fire marshal. This subsection shall not prevent these officials from undertaking enforcement action prior to such date. The deadline for applications to legalize short-term rentals has now passed. Eligibility for this provision was determined by a specific set of criteria; for apartment buildings of four or more units, or for four or more apartment units in one or more buildings under the same resort tax account, the criteria are as follows: In order to demonstrate current, consistent and predominant short-term renting, the property must comply with all of the following: a. Have been registered with the city for the payment of resort tax and made resort tax payments as of March 1 0, 201 0; and b. Have had City of Miami Beach Resort Tax taxable room revenue equal to at least 50 percent of total room revenue over the last two-year period covered by such payments; and c. Have been registered, with the State of Florida as a transient apartment or resort condominium pursuant to Chapter 509, Florida Statutes, as of March 1 0, 2010. After these criteria were developed, staff identified all those properties that would qualify under these provisions, and developed a list of these properties for review by the Commission during the process of adoption. After the ordinance was adopted, a letter was sent to those properties on the list informing them of the passage of the ordinance and the requirements and deadlines associated with the new provisions. Recently, Mr. Simon Ferro, attorney for the owners of 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. 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. Because they had received the wrong license, they were not on the list and not specifically notified about the passage of the ordinance and applicable deadlines. Mr. Ferro has requested that his client be allowed to seek licensing under the ordinance, as his client's property otherwise meets all of the criteria to qualify based upon payment of resort taxes, and other licensing requirements. As deadlines of the ordinance cannot be waived by City staff; any exemption would require additional 351 City Commission Memorandum Short term rentals February 8, 2012 legislation to reference such a case. ANALYSIS Page3 The owner of 751 Meridian Avenue submitted an application to the Florida Department of Business & Professional Regulation (DBPR), Division of Hotels and Restaurants in September 2009 for a Transient Apartment license. Through an error by DBPR, the application was processed as non transient, rather than a transient license. The property has also been issued a resort tax account by the City. When the City adopted the "Short Term Rental of Apartment Units or Townhomes" ordinance allowing such rentals in the Flamingo Park Neighborhood, the owners of 751 Meridian Avenue were not able to obtain the required Certificate of Use to comply with the restrictions in the ordinance due to the State error when issuing the license, nor were they notified of the applicable deadlines and did not become aware of the deadlines until they had passed. At the September 21, 2011 LUDC meeting, the Committee discussed this issue and by a vote of 3-0, moved to refer an amending ordinance to the Planning Board, but with the restriction that an extension of time be limited to 60 days after adoption of the ordinance and only because of governmental error in issuing the proper license. This amending ordinance was referred to the Planning Board by the City Commission at its October 19, 2011 meeting. PLANNING BOARD At its December 13, 2011 meeting, the Planning Board reviewed the proposed ordinance and by a vote of 4-1 (Stolar opposed, Veitia and Fryd absent) recommended that the City Commission approve the ordinance. At this meeting, an attorney representing another property owner made a request to modify the proposed ordinance to include another property that was not able to avail itself of the benefits of the already approved ordinance. The case was. presented as impediments that did not include governmental errors as the cause for the delay. The Board voted 3-2 (Stolar & Tobin opposed, Veitia & Fryd absent) on this new proposal; however, the motion failed. 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 be a measurable impact on the City's budget by enacting the proposed ordinance as there should be a very slight revenue increase in Resort Taxes. CONCLUSION The Administration recommends that the City Commission approve the proposed ordinance on first reading and set a second reading public hearing for the March 21, 2012 meeting. This recommendation of approval is only for the very limited ordinance before the Commission as written, and would not extend to any modification which would expand the scope of the ordinance to other properties, which the Administration would not recommend. 352 City Commission Memorandum Short term rentals February 8, 2012 Page4 Pursuant to Section 118-164(3) 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. 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 to enact any amendment to these land development regulations. JMG/JGG/RGUML T:\AGENDA\2012\2-8-12\Short term rental memo.docx 353 "SHORT TERM RENTAL OF APARTMENT UNITS OR TOWNHOMES" Flamingo Park Neighborhood ORDINANCE NO.---- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142 OF THE CITY CODE, "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 3, "SUPPLEMENTARY USE REGULATIONS," BY AMENDING SECTION 142-1111, "SHORT TERM RENTAL OF APARTMENT UNITS OR TOWNHOMES," TO ALLOW AN EXTENSION OF TIME FOR APPLICATIONS DUE TO GOVERNMENTAL ERROR; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined through the adoption of ordinance no. 2010-3685, among other things, that there is a potential for harm if transient rentals are permitted without regulations protecting against adverse external effects of such use or prohibited in certain instances; that multifamily or townhome unit owners' sense of community and privacy would be compromised by unregulated and unrestricted commercial and transient use of units in multifamily buildings and neighborhoods; that multifamily or townhome unit owners have reasonable expectations of a community of permanent neighbors and owners and the privacy such a community entails; that the privacy and ambience of such multifamily or townhome residential buildings and areas are materially undermined by unregulated and unrestricted transient rentals; that the values associated with multifamily or town home residential areas can only be preserved by very limited and controlled commercial and transient use of residences, if at all; and WHEREAS, based upon the factors listed above, any relaxation of the current land development regulations with respect to short term rentals in multifamily zoning districts had to be limited in size and scope to specifically defined neighborhood areas, and deemed that within the Flamingo Park and Espanola Way Historic Districts, a limited number of short term rental uses, which can demonstrate a current and consistent history of short-term renting, may be approved by the City under certain specified conditions, if subject to regulation that would protect the enjoyment, character and value of apartment or townhome residential neighborhoods, buildings and units; and WHEREAS, the City Commission found that such regulations are consistent with and further the public health, safety and welfare of the City and adopted Ordinance No. 2010-3685 on June 9, 2010 wherein short term rental of apartment units or townhomes under certain specified conditions is permitted; and 1 of 3 354 WHEREAS, an owner of a short term rental property in the Flamingo Park neighborhood who otherwise qualified under the ordinance sought to apply for the appropriate city licenses, but was denied the opportunity due to a license processing error by a state governmental agency; and WHEREAS, the amendment proposed herein is necessary to allow the appropriate city licenses to be issued overcoming the other governmental license error; and WHEREAS, the City Attorney has opined that this amendment would not jeopardize the status of City Ordinance 2010-3685 creating section 142-1111, which was grandfathered under Section 509.032(7)(b), Florida Statutes (2011). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. City Code Chapter 142, "Zoning Districts and Regulations," Article IV, "Supplementary District Regulations," Division 3, "Supplementary Use Regulations," Section 142-1111, "Short Term Rental of Apartment Units or Townhomes" is hereby amended as follows: Sec. 142-1111. Short Term Rental of Apartment Units or Townhomes. * * * (c) Time periods to apply for short-term rental approvals. {1) Owners demonstrating compliance with subsections (b)(1) or (2) above, shall apply for a certificate of use permitting short-term rental as detailed in subsection 142-1111 (d) within a time period of six months from the effective date of this section (June 19, 201 0}, or be deemed ineligible to proceed through the process specified herein for legalization of short-term rentals. {2) Within three months of the effective date of the ordinance enacting this section (June 19, 2010), eligible owners shall apply to obtain all necessary approvals to comply with the Florida Building Code, Florida Fire Prevention Code and with all other applicable life safety standards. {3) Compliance with the applicable requirements of the Florida Building Code and Florida Fire Prevention Code, shall be demonstrated by October 1, 2011, or rights to engage in short-term rental under this section shall be subject to restrictions and/or limitations as directed by the building official and/or fire marshal. This subsection shall not prevent these officials from undertaking enforcement action prior to such date. ~) Applications under this Ordinance may be accepted until 60 days after adoption of this subsection (insert date). upon demonstration to the Planning Director that a government licensing error prevented timely filing of the application. 2 of3 355 Section 2. Repealer. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. Section 3. 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 re- numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 4. Severability. This ordinance is severable; if any provision hereof is held void or unconstitutional in a final decision by a court of competent jurisdiction, the balance of the ordinance, and the remainder of Ordinance 2010-3685 creating City Code section 142-1111, shall remain valid. Section 5. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of ____ 2012. ATTEST: CITY CLERK MAYOR APPROVED AS TO FORM AND LANGUAGE 0~ AND FOR EXECUTION . J 131 JJ.2. 1 y Attorney~ ~ First Reading: Second Reading: Verified By: Richard G. Lorber, AICP Acting Planning Director T:\AGENDA\2012\2-8-12\Short term rental ord.docx 3 of3 356 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending the Classified Employees Salary Ordinance (No. 789) as follows: providing for Classified employees represented by a bargaining unit, in accordance with the negotiated collective bargaining agreements (CBAs}, and all other Classified employees not covered by a bargaining unit, effective the first full pay period ending April2012, an across the board cost-of-living adjustment (COLA) of three percent (3%) and a three percent (3%) increase to the minimum and maximum of each pay range; repealing all ordinances in conflict; providing for severability, an effective date and codification. Key Intended Outcome Supported: Increase community satisfaction with City government. Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Community Satisfaction Survey, among the four (4) areas of customer service measured, 85.5% of respondents agreed that "The employees that assisted me were courteous and professional." Issue: Shall the City provide a classification and compensation system that is fair and externally and internally competitive; and consistent with the terms of the CBAs negotiated for the Classified employees covered by the American Federation of State, County and Municipal Employees (AFSCME) Local1554; the Fraternal Order of Police (FOP) William Nichols Lodge No. 8; the International Association of Firefighters (IAFF) Local151 0; the Communication Workers of America (CWA) Local3178; and the Government Supervisors Association of Florida (GSAF) Local1 00, by amending the Classified Employees Salary Ordinance to provide an across the board cost-of-living adjustment (COLA) of three percent (3%) to all Classified employees, and a three percent (3%) increase to the minimum and maximum of each pay range, effective with the first full pay period ending April2012? Item Summary/Recommendation: An Ordinance amending the Classified Employees Salary Ordinance (No. 789) by providing for a three percent (3%) COLA effective with the first pay period ending in Apri12012; and changing the minimum and maximum of the pay ranges. The Administration recommends the City Commission approve the Ordinance on first reading, and set a second reading, public hearing for March 21, 2012. Financial Information: Soure~ Amount Account Approved Funds: 1 $1,600,000 Included in various Departmental salary budgets for FY 2011/2012 OB Total $1,600,000 Included in various Departmental salary budgets for FY 2011/2012 Financial Impact Summary: The COLA for the Classified employees represents an impact of approximately $1,600,000 to the City's FY 2011/2012 operating budget. This amount was budgeted and approved by the City Commission as part of the 2011/2012 Budget process. City Clerk's Office Legislative Tracking: Si n-Offs: Department Director Assistant City Manager City Manager MIAMI BEACH AGENDA ITEM __._R_,_s-=-:--'H'--_ DATE 2,.-'f{ -Jl.- 357 & MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: M or atti Herrera Bower and Members of the City Commission C y Manager~~ DATE: February 8, 2012 FIRST READING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: PROVIDING FOR THE CLASSIFICATIONS IN GROUP I, REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 1554; GROUP II, REPRESENTED BY THE FRATERNAL ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8; GROUP Ill, REPRESENTED BY THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) LOCAL 1510; GROUP IV, REPRESENTED BY THE COMMUNICATIONS WORKERS OF AMERICA (CWA) LOCAL 3178; AND GROUP V, REPRESENTED BY THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF) LOCAL 100, IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING AGREEMENTS AND PROVIDING FOR THE CLASSIFICATIONS IN GROUP VI, BEING ALL OTHER CLASSIFICATIONS IN THE CLASSIFIED SERVICE NOT COVERED BY A BARGAINING UNIT, EFFECTIVE THE FIRST FULL PAY PERIOD ENDING APRIL 2012, AN ACROSS THE BOARD COST -OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%) AND A THREE PERCENT (3%) INCREASE TO THE MINIMUM AND MAXIMUM OF EACH PAY RANGE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION. RECOMMENDATION The Administration recommends that the City Commission approve the Ordinance on first reading, and set a second reading and public hearing for March 21, 2012. ANALYSIS The City of Miami Beach has the following five (5) Classified employee groups that are represented by bargaining units: • Group I -Represented by the American Federation of State, County and Municipal Employees (AFSCME) Local 1554; • Group II -Represented by the Fraternal Order of Police (FOP) William Nichols Lodge No.8; 358 City Commission Memorandum February 8, 2012 Classified Salary Ordinance Page 2 of3 • Group Ill -Represented by the International Association of Firefighters (IAFF) Local 1510; • Group IV -Represented by the Communications Workers of America (CWA) Local 3178; and • Group V -Represented by the Government Supervisors Association of Florida (GSAF) Local 100. In addition, the City has one (1) unrepresented Classified employee group, Group VI, comprising of all other classifications in the Classified Service not covered by a bargaining unit. In 2010, the City and its bargaining units reached agreements to amend the prior three- year collective bargaining agreements. The successor three-year agreements were approved by the corresponding bargaining unit members and ratified by the City Commission. In order to attain the Commission's goal of approximately $15 million savings in employee concessions for FY 2009/2010, FY 2010/2011 and FY 2011/2012, the agreements contained the following provisions as cost savings components: • No cost-of-living adjustments (COLA) for the first two and one-half (2 %) years of the agreements; and • No merit increases for bargaining unit employees represented by the American Federation of State, County and Municipal Employees (AFSCME) Local 1554; the Communication Workers of America (CWA) Local 3178; and the Government Supervisors Association of Florida (GSAF) Local 100 for a period of time specified in each of these individual collective bargaining agreements. When the merits resume, the maximum will be two percent (2%) instead of the previous maximum of four percent (4%). Eligible members of the FOP and IAFF employee groups continued to receive their step increases during this period of time. Consistent with the concessions negotiated with the respective Classified employees, the City imposed equivalent COLA and merit freezes on the unrepresented Classified employees (Group VI) and all Unclassified employees. An across the board COLA of three percent (3%) for all represented Classified employees was negotiated, effective with the first full pay period ending in April 2012 (approximately six (6) months into FY 2011/2012). Correspondingly, the minimum and maximum of each pay range would increase effective the first full pay period ending in April2012. Based on the provisions of the collective bargaining agreements between the City and its bargaining units (Groups I through IV), as well as the City's past practice of providing COLA increases for unrepresented Classified employees (Group VI) and Unclassified employees consistent with those negotiated for the Classified employees covered by collective bargaining agreements, the Administration recommends implementing a three percent (3%) across the board COLA, effective the first full pay period ending April 2012 (six (6) months into the FY 2011/2012), for all Classified and Unclassified employees; 359 City Commission Memorandum February 8, 2012 Classified Salary Ordinance Page 3 of3 increasing the minimum and maximum of each pay range correspondingly by three percent (3%); and amending Ordinance No. 789, the Classified Employees Salary Ordinance of the City of Miami Beach, Florida accordingly. The Ordinance amendment will ensure that the City has an employee classification and compensation system that is reasonable and competitive. This COLA adjustment is comparable to the 3.6% COLA that all Social Security beneficiaries commenced receiving in January 2012. No Classified employee who left the City prior to the date of implementation of the COLA effective the first full pay period ending in April 2012 will be eligible for this COLA increase. The COLA for the Classified employees (Groups I through VI) represents an impact of approximately $1,600,000 to the City's FY 2011/2012 operating budget. This amount breaks down as follows: Bargaining Unit I Group Approximate Financial Impact AFSCME (I} $240,000 FOP (II) $590,000 IAFF(III) $290,000 CWA(IV) $390,000 GSAF (V) $70,000 OTHERS (VI) $20,000 TOTAL $1 ,600,000* *These estimates were compiled during contract negotiations for the current CBAs, and although the figures do not take into consideration current turnover rates, we anticipate the impact to be minimal. This amount was discussed, budgeted and approved by the City Commission as part of the 2011/2012 Budget process. CONCLUSION The Administration recommends amending Ordinance No. 789, the Classified Employees Salary Ordinance of the City of Miami Beach, Florida by implementing a three percent (3%) COLA, effective the first full pay period ending April 2012 for all Classified employees, and increasing the minimum and maximum of each pay range correspondingly by three percent (3%). Based on the foregoing, the Administration recommends that the City Commission approve the proposed Ordinance on first reading, and set a second reading and public hearing for March 21, 2012. T:\AGENDA\2012\2-8-12\COLA-MEMO CLASSIFIED EMPLOYEES.doc 360 ORDINANCE NO.------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: PROVIDING FOR THE CLASSIFICATIONS IN GROUP I, REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 1554; GROUP II, REPRESENTED BY THE FRATERNAL ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8; GROUP Ill, REPRESENTED BY THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) LOCAL 1510; GROUP IV, REPRESENTED BY THE COMMUNICATIONS WORKERS OF AMERICA (CWA) LOCAL 3178; AND GROUP V, REPRESENTED BY THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF) LOCAL 100, IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING AGREEMENTS AND PROVIDING FOR THE CLASSIFICATIONS IN GROUP VI, BEING ALL OTHER CLASSIFICATIONS IN THE CLASSIFIED SERVICE NOT COVERED BY A BARGAINING UNIT, EFFECTIVE THE FIRST FULL PAY PERIOD ENDING APRIL 2012, AN ACROSS THE BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%) AND A THREE PERCENT (3%) INCREASE TO THE MINIMUM AND MAXIMUM OF EACH PAY RANGE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION. WHEREAS, the City of Miami Beach has approximately 1 ,487 Classified employees; and WHEREAS, Classified employees are categorized into 6 groups: Group I represented by the American Federation of State, County and Municipal Employees (AFSCME) Local 1554; Group II represented by the Fraternal Order of Police (FOP) William Nichols Lodge No. 8; Group Ill represented by the International Association of Firefighters (IAFF) Local 1510; Group IV represented by the Communications Workers of America (CWA) Local 3178; Group V represented by the Government Supervisors Association of Florida (GSAF) Local 1 00; and Group VI comprising of all other classifications in the Classified Service not covered by a bargaining unit (hereinafter referred to as "OTHERS"); and WHEREAS, in 2010, the City and its bargaining units reached agreements to amend the prior three-year collective bargaining agreements (CBAs); and 1 361 WHEREAS, the successor three-year CBAs were approved by the corresponding bargaining unit members and ratified by the City Commission; and WHEREAS, in order to attain the Commission's goal of approximately $15 million savings in employee concessions for FY 2009/201 0, FY 201 0/2011 and FY 2011/2012, the CBAs contained the following provisions as cost savings components: no cost-of- living adjustments (COLA) for the first two and one-half (2 %) years of the agreements; no merit increases for bargaining unit employees represented by AFSCME Local 1554, CWA Local 3178 and GSAF Local 100 for a period of time specified in each of these individual CBAs (eligible members of the FOP and IAFF employee groups continued to receive their step increases during this period of time); and when the merits resume, the maximum will be two percent (2%) instead of the previous maximum of four percent (4%): and WHEREAS, consistent with the concessions negotiated with the represented Classified employees (Groups I through V), the City imposed an equivalent COLA and merit/step freezes on the unrepresented Classified employees (OTHERS -Group VI) and the Unclassified employees for the same time period; and WHEREAS, an across the board COLA of three percent (3%) for all represented Classified employees (Groups I through V) was negotiated, with a corresponding increase to the minimum and maximum of each pay grade, effective with the first full pay period ending in April 2012 (approximately six (6) months into FY 2011/2012); and WHEREAS, the COLA listed herein for the represented Classified employees (Groups I through V) is in compliance with the negotiated CBAs; and WHEREAS, the COLA listed herein for the unrepresented Classified employees (OTHERS -Group VI) is consistent with the negotiated COLA for the Classified employees (Groups I through V); and WHEREAS, the City's past practice has been to provide COLA increases to unrepresented Classified employees (OTHERS -Group VI) and Unclassified employees, consistent with the COLA negotiated by the represented Classified employees (Groups I through V); and WHEREAS, no Classified employee who left the City prior to the date of implementation of the COLA effective the first full pay period ending in April 2012 will be eligible for this COLA increase; and WHEREAS, there is a need to amend the salary ranges of Classified employees in order to ensure that the City has an employee classification and compensation system that is fair and internally and externally competitive. 2 362 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: Effective the first full pay period ending in April 2012, the minimum and the maximum biweekly pay ranges for the indicated Classified Employee Salary Groups will be changed to reflect an employee classification and compensation system that is fair and competitive. The following lines of Section 1 of the Classified Salary Ordinance No. 789 shall be amended as follows: GROUP I AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 1554 Salary Ranges and Classification A. Salary Grades and Ranges GRADE 10 9 8 7 6 5 4 3 2 4 4~,9~~ J9,§QQ ae,aa~ aa,4aa aG,788 ~8,JJ4 ~e,Q7e ~a,99e ~~.Q84 ~Q,J~4 MINIMUM BIWEEKLY 1,700 1,565 1,440 1,325 1,220 1,122 1,033 951 MAXIMUM BIWEEKLY e9,a~g 2,746 eJ,797 2,527 §8,7~~ 2,326 a4,Ga~ 2,140 49,7~§ 1,970 4a,7eQ 1,813 4~.~~4 1,668 a8,7a7 1,535 aa,ee8 d~,8~4 In compliance with Sections 2-407 through 2-410 of the City Code, entitled "Living Wage Requirements for Service Contracts and City Employees" (See Ordinance 2010-3682 and Resolution 2011-27752), the minimum and the maximum hourly rate for Ranges 2 and 1 shall be amended as follows: 3 363 GRADE ~ 1 MINIMUM HOURLY RATE WITH HEALTH BENEFITS 10.94 10.72 MINIMUM MAXIMUM HOURLY HOURLY RATE RATE WITHOUT HEALTH BENEFITS 12.17 17.66 12.17 16.25 In compliance with Sections 2-407 through 2-410 of the City Code, entitled "Living Wage Requirements for Service Contracts and City Employees" (See Ordinance 2010-3682 and Resolution 2011-27752), effective October 1, 2012, the minimum and the maximum hourly rate for Ranges 2 and 1, shall be as follows: GRADE MINIMUM MINIMUM MAXIMUM HOURLY HOURLY HOURLY RATE RATE RATE WITH WITHOUT HEALTH HEALTH BENEFITS BENEFITS ~ 11.28 12.92 17.66 1 11.28 12.92 16.25 B. Grades and Classifications GRADE CLASSIFICATION UNION 10 BUILDING SUPERVISOR AFSCME 10 DIESEL GENERATOR MECHANIC AFSCME 10 FIRE EQUIPMENT MECHANIC AFSCME 10 MECHANIC Ill AFSCME 10 PEST CONTROL SUPERVISOR AFSCME 9 HEAVY EQUIPMENT OPERATOR II AFSCME 9 IRRIGATION SYSTEMS SUPERVISOR AFSCME 9 MECHANIC II AFSCME 9 PARK SUPERVISOR AFSCME 9 PUMPING MECHANIC AFSCME 9 RECREATION PROGRAM SUPERVISOR AFSCME 9 SEWER SUPERVISOR AFSCME 4 364 9 STREET SUPERVISOR AFSCME 9 TREE MAINTENANCE SUPERVISOR AFSCME 9 WASTE DRIVER SUPERVISOR AFSCME 9 WATER SUPERVISOR AFSCME 8 CONTROL ROOM OPERA TOR AFSCME 8 HEAVY EQUIPMENT OPERATOR I AFSCME 8 SIGN MAKER AFSCME 8 STOREKEEPER II AFSCME 8 STREET LIGHTING TECHNICIAN II AFSCME 7 ASSISTANT PUMPING MECHANIC AFSCME 7 CENTRAL SERVICES TECHNICIAN AFSCME 7 FLEET SERVICE REPRESENTATIVE AFSCME 7 MUNICIPAL SERVICE WORKER Ill AFSCME 7 SEWER PIPEFITTER AFSCME 7 STOREKEEPER I AFSCME 7 WATER METER TECHNICIAN II AFSCME 7 WATER PIPEFITTER AFSCME 6 FLEET SERVICE WRITER AFSCME 6 MECHANIC I AFSCME 6 STREET LIGHTING TECHNICIAN I AFSCME 5 MUNICIPAL SERVICE WORKER II AFSCME 5 STORES CLERK AFSCME 5 TREE TRIMMER AFSCME 5 WASTE COLLECTOR AFSCME 5 WATER METER TECHNICIAN I AFSCME 4 MUNICIPAL SERVICE WORKER I AFSCME 3 MUNICIPAL SERVICE WORKER TRAIN AFSCME 3 MUSEUM GUARD AFSCME Note: There is currently no AFSCME classification in Grades 2 or 1. [THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] 5 365 GROUP II FRATERNAL ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8 Salary Ranges and Classification A. Classification and Salaries JOB CLASS JOB CLASSIFICATION NO. MINIMUM MAXIMUM BIWEEKLY BIWEEKLY DETENTION OFFICER 5305 1548.00 11594.44 1903.92 11961.04 LIEUTENANT OF POLICE 5009 3230.77 31327.69 3739.62 31851.81 POLICE OFFICER 5011 1983.00 21042.49 2791.11 21874.84 POLICE OFFICER TRAINEE 8001 1685.55 11736.12 1883.85 11940.37 SERGEANT OF POLICE 5010 2929.30 31017.18 3230.77 31327.69 GROUP Ill INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) LOCAL 1510 Salary Ranges and Classification A. Classification and Salaries JOB JOB CLASS MINIMUM MAXIMUM CLASSIFICATION NO. BIWEEKLY BIWEEKLY FIREFIGHTER I 5110 1685.55 11736.12 2791.11 21874.84 FIREFIGHTER II 5109 2929.30 31017.18 3230.77 31327.69 FIRE LIEUTENANT 5107 3389.96 3z491.66 3739.62 31851.81 FIRE CAPTAIN 5105 3926.60 41044.40 4329.08 4z458.95 6 366 GROUP IV COMMUNICATIONS WORKERS OF AMERICA (CWA) LOCAL 3178 Salary Ranges and Classification A. Salary Grades and Ranges Range Minimum Maximum Range Minimum Maximum H15 Annual $30,181.82 $43,712.28 H32 Annual $49,885.95 $78,813.63 H16 Annual $31,087.28 $45,023.65 H33 Annual $51,881.39 $81,966.17 H17 Annual $32,019.90 $46,374.36 H34 Annual $53,956.65 $85,244.82 H18 Annual $32,980.49 $47,765.60 H35 Annual $56,114.91 $88,654.61 H19 Annual $33,969.91 $49,198.56 H36 Annual $58,359.51 $92,200.80 H20 Annual $34,989.01 $50,674.51 H37 Annual $60,693.89 $95,888.83- H21 Annual $36,038.68 $52,194.74 HSO Annual $38,440.75 $56,214.19 H22 Annual $37,119.84 $53,760.59 H51 Annual $39,593.98 $58,462.76 H23 Annual $38,233.43 $55,373.41 H52 Annual $40,781.79 $60,801.26 H24 Annual $39,380.44 $57,588.34 H53 Annual $42,005.24 $63,233.32 H25 Annual $40,561.85 $59,891.88 H54 Annual $43,265.40 $65,762.65 H26 Annual $41,778.71 $62,287.55 H55 Annual $44,563.37 $68,393.16 H27 Annual $43,032.07 $64,779.06 H56 Annual $45,900.18 $64,079.98 H28 Annual $44,323.03 $67,370.22 H57 Annual $47,277.26 $73,974.05 H29 Annual $45,652.72 $70,065.03 H58 Annual $50,643.54 $69,309.08 H30 Annual $47,022.29 $72,867.63 H59 Annual $52,669.15 $80,010.32 H31 Annual $48,432.96 $75,782.34 H60 Annual $54,775.91 $83,210.72 [THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] 7 367 Grade Minimum Maximum Grade Minimum Maximum H15 Biweekl~ 11195.66 1l31.68 H32 Biweekl~ 11976.25 31122.23 H16 Biweekl~ 11231.53 11783.63 H33 Biweekl~ 21055.30 31247.12 H17 Biweekl~ 11268.48 11837.14 H34 Biweekl~ 21137.51 31377.01 H18 Biweekl~ 11306.53 11892.25 H35 Biweekl~ 21223.01 31512.09 H19 Biweekl~ 11345.73 11949.02 H36 Biweekl~ 21311.93 31652.57 H20 Biweekl~ 11386.10 21007.49 H37 Biweekl~ 21404.41 31798.67 H21 Biweekl~ 11427.69 21067.71 H50 Biweekl~ 11522.85 21226.95 H22 Biweekl~ 11470.52 21129.75 H51 Biweekl~ 11568.53 21316.02 H23 Biweekl~ 11514.63 21193.64 H52 Biweekl~ 11615.59 21408.67 H24 Biweekl~ 11560.07 21281.38 H53 Biweekl~ 11664.05 21505.01 H25 Biweekl~ 11606.87 21372.64 H54 Biweekl~ 11713.98 21605.21 H26 Biweekl~ 11655.08 21467.55 H55 Biweekl~ 11765.40 21709.42 H27 Biweekl~ 11704.73 21566.25 H56 Biweekl~ 11818.35 21538.55 H28 Biweekl~ 11755.87 21668.90 H57 Biweekl~ 11872.91 21930.51 H29 Biweekl~ 11808.55 21775.65 H58 Biweekl~ 21006.26 21745.71 H30 Biweekl~ 11862.81 21886.68 H59 Biweekl~ 21086.51 31169.64 H31 Biweekl~ 11918.69 31002.15 H60 Biweekl~ 21169.97 31296.42 B. Grades and Classifications Range Range Classification Grade Classification Grade Clerk H15 Complaint Operator II H26 Crime Analysis Specialist H26 Coin Room Money Handler H16 Financial Specialist II H26 Clerk Typist H17 Carpenter I H27 Dispatcher H27 Masonry Helper H18 Engineering Assistant II H27 Mason H27 Account Clerk I H20 Property Evidence Tech II H27 Admin Aide I H20 Data Entry Clerk H20 Carpenter II H28 8 368 Duplicating Equip Operator H20 Code Compliance Officer II H28 Permit Clerk I H20 Commission Reporter II H28 Police Records Technician H20 Financial Specialist Ill H28 Revenue Processor I H20 Police Fleet Specialist H28 Parking Enforcement Spec I H22 Planning Technician H29 Account Clerk II H23 Field Inspector II H30 Meter Analyst H23 Engineering Assistant Ill H30 Permit Clerk II H23 Parking Meter Tech I H23 Crime Scene Technician I H31 Property Evidence Tech I H23 Police Photographer H31 Public Safety Specialist H23 Revenue Processor II H23 Air Conditioning Mechanic H34 Code Compliance Admin. H34 Admin Aide II H24 Crime Scene Technician II H34 Admin Secretary H24 Building Inspector H34 Buyer H24 Electrical Inspector H34 Engineering Assistant I H24 Electrician H34 Field Inspector I H24 Elevator Inspector H34 Financial Specialist I H24 Engineering Inspector H34 Painter H24 Mechanical Inspector H34 Parking Dispatcher H24 Plumbing Inspector H34 Plumber H34 Account Clerk Ill H25 Admin Asst I H25 Pool Guard I H50 Communications Operator H25 Dispatcher Trainee H25 Pool Guard II H52 Parking Enforcement Spec II H25 Lifeguard I H52 Parking Meter Tech II H25 Lifeguard II H56 Code Compliance Officer I H26 Commission Reporter I H26 Lifeguard Lt. H58 Note: There is currently no CWA classification in Grades H19, H21, H32, H33, H35, H36, H37, H38, H39, H40, H41, H42, H43, H44, H45, H46, H47, H48, H49, H51, H53, H54, H55, H57, H59 and H60. 9 369 GROUPV GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF) LOCAL 100 Salary Ranges and Classification A. Salary Grades and Ranges GRADE 15 14 13 12 11 10 9 8 7 6 MINIMUM BIWEEKLY 99,9QQ 2,489 §7,829 2,291 §3,218 2,108 48,97§ 1,940 4§,Q71 1,785 41,478 1,643 38,173 1,512 3§,13Q 1,392 32,33Q 1,281 29,7§3 1,179 MAXIMUM BIWEEKLY 1Q1,482 93,394 8§,9§Q 79,Q98 72,793 99,99Q 91,9§4 §9,738 §2,21§ 42,798 B. Grade and Classifications GRADE CLASSIFICATION 15 BEACH PATROL OPERATIONS SUPERVISOR 15 CITY SURVEYOR 14 AIR CONDITIONING SUPERVISOR 14 CRIME SCENE SUPERVISOR 14 ELECTRICIAN SUPERVISOR 14 PLUMBING SUPERVISOR 14 SENIOR BUILDING INSPECTOR 14 SENIOR ENGINEERING INSPECTOR 13 COMMUNICATIONS SUPERVISOR 13 FLEET OPERATIONS SUPERVISOR 13 PROPERTY MGMT OPERATIONS SUPERVISOR 13 PUMPING OPERATIONS SUPERVISOR 13 METERED SERVICES SUPERVISOR 13 SEWER FIELD OPERATIONS SUPERVISOR 13 WATER FIELD OPERATIONS SUPERVISOR 10 370 4,020 3,700 3,405 3,133 2,884 2,654 2,442 2.248 2,069 1904 UNION GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA 12 CENTRAL SERVICES SUPERVISOR GSA 12 ELECTRONICS/INSTRUMENT SUPERVISOR GSA 12 MAINTENANCE SUPERVISOR 12 PARK OPERATIONS SUPERVISOR GSA 12 PARKING OPERATIONS SUPERVISOR GSA 12 SANITATION OPERATIONS SUPERVISOR GSA 12 STREET LIGHTING OPERATIONS SUPERVISOR GSA 12 STREETS OPERATIONS SUPERVISOR GSA 12 WAREHOUSE SUPERVISOR GSA 11 BACKFLOW COORDINATOR GSA 11 LEAD MECHANIC GSA 11 PAINT SUPERVISOR GSA 11 RECREATION SUPERVISOR I GSA 10 911 COMMUNICATIONS RECORDS CUSTODIAN GSA 10 CARPENTER SUPERVISOR GSA 10 PARKING FACILITIES SUPERVISOR GSA 9 SERVICE SUPERVISOR GSA 9 WATER SERVICE REPRESENTATIVE GSA 6 TENNIS CENTER SUPERVISOR GSA Note: There is currently no GSAF classification in Grades 8 or 7. [THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] 11 371 GROUP VI ALL OTHER CLASSIFICATIONS IN THE CLASSIFIED SERVICE NOT COVERED BY A BARGAINING UNIT (A/KIA OTHERS) Salary Ranges and Classification A. Salary Grades and Ranges GRADE 14 13 12 11 10 9 8 7 6 5 4 3 ~ 4 MINIMUM BIWEEKLY §9,837 2,370 §§,068 2,182 §0,678 2,008 46,638 1,848 42,921 1,700 39,§00 1,565 36,3§2 1,440 33,4§3 1,325 30,788 1,220 28,334 1,122 26,076 1,033 23,996 951 22,084 20,324 MAXIMUM BIWEEKLY 96,641 3,828 88,940 3,523 81,848 3,242 7§,32§ 2,984 69,320 2,746 63,797 2.527 §8,712 2,326 §4,031 2,140 49,72§ 1.970 4§,760 1,813 42,114 1,668 38,7§7 1,535 3§,668 32,824 In compliance with Sections 2-407 through 2-410 of the City Code, entitled "Living Wage Requirements for Service Contracts and City Employees" (See Ordinance 2010- 3682 and Resolution 2011-27752), the minimum and the maximum hourly rate for Ranges 2 and 1 shall be amended as follows: GRADE MINIMUM HOURLY RATE WITH HEALTH BENEFITS 12 372 MINIMUM HOURLY RATE WITHOUT HEALTH BENEFITS 12.17 12.17 MAXIMUM HOURLY RATE In compliance with Sections 2-407 through 2-410 of the City Code, entitled "Living Wage Requirements for Service Contracts and City Employees" (See Ordinance 2010- 3682 and Resolution 2011-27752), effective October 1, 2012, the minimum and the maximum hourly rate for Ranges 2 and 1, shall be as follows: GRADE 2 1 MINIMUM HOURLY RATE WITH HEALTH BENEFITS B. Grade and Classifications GRADE 14 14 14 14 14 12 12 11 10 9 9 8 8 6 6 5 CLASSIFICATION Employee Benefits Specialist Senior Electrical Inspector Senior Elevator Inspector Senior Mechanical Inspector Senior Plumbing Inspector Computer Operator Firearms Specialist Human Resources Technician Ill Human Resources Technician II Ice Rink Technician Human Resources Technician I Building Services Technician Administrative Aide 11/Risk Management Recreation Leader II Customer Service Representative Office Associate II (HR & IT) 13 373 MINIMUM HOURLY RATE WITHOUT HEALTH BENEFITS 12.92 12.92 GROUP MAXIMUM HOURLY RATE Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified Other Classified 4 Recreation Leader I Other Classified 3 Concession Attendant Other Classified 2 School Guard Other Classified Note: There is currently no OTHER classification for Grades 13, 7 or 1. SECTION 2: REPEALER. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3: SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4: EFFECTIVE DATES. The Ordinance Amendments set forth in Section 1 above shall become effective the first full payroll period in April 2012. A three percent (3%) across the board COLA for all Classified employees shall become effective the first full payroll period in April 2012. SECTION 5: CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. PASSED and ADOPTED this __ day of--------' 2012. Matti Herrera Bower, Mayor ATTEST: RM & LANGUAGE Robert Parcher, City Clerk 14 374 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending the Unclassified Employees Salary Ordinance (No. 1605) by providing for all Unclassified employees, effective the first full pay period ending in April2012, an across the board cost-of- living adjustment (COLA) of three percent (3%), and a three percent (3%) increase to the minimum and maximum of each pay range; repealing all ordinances in conflict; providing for severability, an effective date and codification. Key Intended Outcome Supported: Increase community satisfaction with City government. Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Community Satisfaction Survey, among the four (4) areas of customer service measured, 85.5% of respondents agreed that "The employees that assisted me were courteous and professional." Issue: Shall the City provide a classification and compensation system that is fair and externally and internally competitive; and consistent with those negotiated for the Classified employees covered by the American Federation of State, County and Municipal Employees (AFSCME) Local1554; the Fraternal Order of Police (FOP) William Nichols Lodge No. 8; the International Association of Firefighters (IAFF) Local 151 0; the Communication Workers of America (CWA) Local 3178; and the Government Supervisors Association of Florida (GSAF) Local100, by amending the Unclassified Employees Salary Ordinance to provide an across the board cost-of-living adjustment (COLA) of three percent (3%), and a three percent (3%) increase to the minimum and maximum of each pay range, effective with the first full pay period ending April 2012? Item Summary/Recommendation: An Ordinance amending the Unclassified Employees Salary Ordinance, Ordinance No. 1605, by providing for a three percent (3%) COLA effective with the first pay period ending in April2012; and changing the minimum and maximum of the pay ranges. The Administration recommends the City Commission approve the Ordinance on first reading, and set a second reading, public hearing for March 21, 2012. Adviso Board Recommendation: Discussed and approved by the Finance and Citywide Projects Committee at the June and July 2011 budget- related meetin s. Financial Information: Sou5P Amount Account Approved Funds· 1 $580,000 Included in various Departmental salary budgets for FY 2011/2012 OBP Total $580,000 Included in various Departmental salary budgets for FY 2011/2012 Financial Impact Summary: The City estimates an impact of $580,000 to the City's FY 2011/2012 operating budget. This amount was budgeted and approved by the City Commission as part of the 2011/2012 Budget process for COLAs for all Unclassified employees. City Clerk's Office Legislative Tracking: Si n-Offs: Department Director Assistant City Manager City Manager os-I. AGENIDA ITEM ---'-"--='--- DATE .J-8-12..-MIAMI BEACH 375 (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: February 8, 2012 FIRST READING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1605, THE UNCLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: PROVIDING FOR ALL UNCLASSIFIED EMPLOYEES, EFFECTIVE THE FIRST FULL PAY PERIOD ENDING IN APRIL 2012, AN ACROSS THE BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND A THREE PERCENT (3%) INCREASE TO THE MINIMUM AND MAXIMUM OF EACH PAY RANGE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION. RECOMMENDATION The Administration recommends that the City Commission approve the Ordinance on first reading and set a second reading and public hearing for March 21, 2012. ANALYSIS The City of Miami Beach has approximately 400 employees who are considered Unclassified employees. These positions range from office associates and other administrative support positions to entering, middle and senior level management employees. In 2010, the City and its bargaining units reached agreements to amend the prior three- year collective bargaining agreements. The successor three-year agreements were approved by the corresponding bargaining unit members and ratified by the City Commission. In order to attain the Commission's goal of approximately $15 million savings in employee concessions for FY 2009/2010, FY 2010/2011 and FY 2011/2012, the agreements contained the following provisions as cost savings components (these provisions also applied to all Unclassified and unrepresented Classified employees): • No cost-of-living adjustments (COLA) for the first two and one-half (2 %) years of the agreements; and • No merit increases for bargaining unit employees represented by the American Federation of State, County and Municipal Employees (AFSCME) Local 1554; the Communication Workers of America (CWA) Local 3178; and the Government Supervisors Association of Florida (GSAF) Local 100 for a period of time specified in each of these individual collective bargaining agreements. When the merits resume, the maximum will be two percent (2%) instead of the previous maximum of four 376 City Commission Memorandum February 8, 2012 Unclassified Salary Ordinance Page 2 of3 percent (4%). Eligible members of the FOP and IAFF employee groups continued to receive their step increases during this period of time. Consistent with the concessions negotiated with the represented Classified employees, the City imposed equivalent COLA and merit freezes on the unrepresented Classified employees and all Unclassified employees for the same period. An across the board COLA of three percent (3%) for all represented Classified employees was negotiated, effective with the first full pay period ending in April 2012 (approximately six (6) months into FY 2011/2012). Correspondingly, the minimum and maximum pay range for each represented Classified position would increase effective the first full pay period ending in April 2012. Based on the provisions of the collective bargaining agreements between the City and its bargaining units, as well as the City's past practice of providing COLA increases to unrepresented Classified employees and Unclassified employees consistent with those negotiated for the Classified employees covered by collective bargaining agreements, the Administration recommends implementing a three percent (3%) across the board COLA, effective the first full pay period ending April 2012 (six (6) months into the FY 2011/2012), for all Classified and Unclassified employees; increasing the minimum and maximum of each pay range correspondingly by three percent (3%); and amending Ordinance No. 1605, the Unclassified Employees Salary Ordinance of the City of Miami Beach, Florida accordingly. The Ordinance amendment will ensure that the City has an employee classification and compensation system that is reasonable and competitive. No Unclassified employee who left the City prior to the date of implementation of the proposed COLA, effective the first full pay period ending in April 2012, will be eligible for this COLA increase. The proposed three percent (3%) COLA for Unclassified employees is consistent with those negotiated for the Classified employees covered by the American Federation of State, County and Municipal Employees (AFSCME) Local 1554; the Fraternal Order of Police (FOP) William Nichols Lodge No. 8; the International Association of Firefighters (IAFF) Local 1510; the Communication Workers of America (CWA) Local 3178; and the Government Supervisors Association of Florida (GSAF) Local 100 and would become effective at the same time. This COLA adjustment is comparable to the 3.6% COLA that all Social Security beneficiaries commenced receiving in January 2012. This increase will provide additional incentives and competitiveness to attract and retain new and existing Unclassified employees. The City estimates an impact of $580,000* to the City's FY 2011/2012 operating budget for COLAs for all Unclassified employees. This amount was discussed, budgeted and approved by the City Commission as part of the 2011/2012 Budget process. *This estimate was compiled during the collective bargaining process for the CBAs that are currently in effect, and although the estimate does not take into consideration current turnover rates, we anticipate the impact to be minimal. 377 City Commission Memorandum February 8, 2012 Unclassified Salary Ordinance Page 3 of3 CONCLUSION The Administration recommends approving the COLA of three percent (3%), effective the first full pay period ending April 2012 (approximately six (6) months into the FY 2011/2012), for all Unclassified employees. Based on the foregoing, the Administration recommends that the City Commission approve the proposed Ordinance on first reading, and set a second reading and public hearing for March 21, 2012. T:\AGENDA\2012\2-8-12\COLA-MEMO UNCLASSIFIED EMPLOYEES.doc 378 ORDINANCE NO.------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1605, THE UNCLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: PROVIDING FOR ALL UNCLASSIFIED EMPLOYEES, EFFECTIVE THE FIRST FULL PAY PERIOD ENDING IN APRIL 2012, AN ACROSS THE BOARD COST -OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%}, AND A THREE PERCENT (3%) INCREASE TO THE MINIMUM AND MAXIMUM OF EACH PAY RANGE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION. WHEREAS, the City of Miami Beach has approximately 400 employees who are considered Unclassified employees; and WHEREAS, during 2010, the City and its bargaining units reached agreements to amend the prior three-year collective bargaining agreements (CBAs); and WHEREAS, the successor three-year CBAs were approved by the corresponding bargaining unit members and ratified by the City Commission; and WHEREAS, in order to attain the Commission's goal of approximately $15 million savings in employee concessions for FY 2009/2010, FY 2010/2011 and FY 2011/2012, the CBAs contained the following provisions as cost savings components: no cost-of- living adjustments (COLA) for the first two and one-half (2 %) years of the agreements; no merit increases for bargaining unit employees represented by AFSCME Local 1554, CWA Local 3178 and GSAF Local 100 for a period of time specified in each of these individual CBAs (eligible members of the FOP and IAFF employee groups continued to receive their step increases during this period of time); and when the merits resume, the maximum will be two percent (2%) instead of the previous maximum of four percent (4%): and WHEREAS, consistent with the concessions negotiated with the represented Classified employees the City imposed an equivalent COLA and merit/step freezes on the unrepresented Classified employees and all Unclassified employees for the same period; and 1 379 WHEREAS, an across the board COLA of three percent (3%) for all represented Classified employees was negotiated, with a corresponding increase to the minimum and maximum of each pay grade, effective with the first full pay period ending in April 2012 (approximately six (6) months into FY 2011/2012); and WHEREAS, the COLAs listed herein are consistent with those negotiated for the Classified employees covered by the American Federation of State, County and Municipal Employees (AFSCME) Local 1554; the Fraternal Order of Police (FOP) William Nichols Lodge No. 8; the International Association of Firefighters (IAFF) Local 1510; the Communication Workers of America (CWA) Local 3178; and the Government Supervisors Association of Florida (GSAF) Local 1 00; and WHEREAS, the City's past practice has been to provide COLA increases to Unclassified employees and unrepresented Classified employees (OTHERS -Group VI), consistent with the COLA negotiated by the represented Classified employees (Groups I through V); and WHEREAS, no Unclassified employee who left the City prior to the date of implementation of the COLA effective the first full pay period ending in April 2012 will be eligible for this COLA increase; and WHEREAS, there is a need to amend the salary ranges of Unclassified employees in order to ensure that the City has an employee classification and compensation system that is fair and internally and externally competitive. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: The minimum and the maximum biweekly pay ranges will be changed to reflect an employee classification and compensation system that is fair and competitive, effective the first full pay period ending in April 2012. The following lines of Section 1 of the Unclassified Salary Ordinance No. 1605 shall be amended as follows: CLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS GRADE 26 25 24 23 MINIMUM BIWEEKLY Determined by the City Commission 149,287 137,311 126,368 2 MAXIMUM BIWEEKLY Determined by the City Commission 240,981 221,773 204,095 380 22 116,296 4,607 187,828 7,441 21 1Q7,Q26 4,240 172,898 6,848 20 98,499 3,902 199,G79 6,302 19 9G,649 3,591 146,J97 5,800 18 8J,419 3,305 1 J4 ,7J1 5,337 17 76,769 3,041 12J,991 4,912 16 7G,a99 2,787 114,1Q8 4,520 15 69,G19 2,576 1Q9,Q11 4,160 14 99,8a7 2,370 96,641 3,828 13 99,G68 2,182 88,94Q 3,523 12 9G,678 2,008 81,848 3,242 11 46,6a8 1,848 79,J29 2,984 10 42,921 1,700 69,a2G 2,746 9 a9,9GG 1,565 6a,797 2,527 8 a6,a92 1,440 98,712 2,326 7 aa,49a 1,325 94,Ga1 2,140 6 JQ,788 1,220 49,729 1,970 5 28,aa4 1,122 49,76G 1,813 4 26,Q76 1,033 42,114 1,668 3 2a,996 951 a8,797 1,535 2, 22,G84 a9,668 -1-2G,a24 a2,824 In compliance with Sections 2-407 through 2-410 of the City Code, entitled "Living Wage Requirements for Service Contracts and City Employees" (See Ordinance 2010-3682 and Resolution 2011-27752), the minimum and the maximum hourly rate for Ranges 2 and 1 shall be amended as follows: GRADE MINIMUM HOURLY MINIMUM HOURLY MAXIMUM RATE WITH RATE WITHOUT HOURLY RATE HEALTH HEALTH BENEFITS BENEFITS ~ 10.94 12.17 17.66 1 10.72 12.17 16.25 3 381 In compliance with Sections 2-407 through 2-410 of the City Code, entitled "Living Wage Requirements for Service Contracts and City Employees" (See Ordinance 2010- 3682 and Resolution 2011-27752), effective October 1, 2012, the minimum and the maximum hourly rate for Ranges 2 and 1, shall be as follows: GRADE MINIMUM HOURLY MINIMUM HOURLY RATE WITH RATE WITHOUT HEALTH HEALTH BENEFITS BENEFITS 2 11.28 12.92 1 11.28 12.92 B. Grades and Classifications GRADE CLASSIFICATION 26 City Attorney 26 City Manager 25 Deputy City Manager 24 Assistant City Manager 24 Chief Deputy City Attorney 24 Chief Financial Officer 23 Deputy City Attorney 23 Fire Chief 23 Police Chief 22 Executive Assistant to the City Manager 22 Public Works Director 21 Assistant Police Chief 21 Assistant Fire Chief 21 Building Director 21 Capital Improvement Projects Director 21 City Clerk 21 First Assistant City Attorney 21 General Services Director 21 Human Resources Director 4 382 MAXIMUM HOURLY RATE 17.66 16.25 EMPLOYEE GROUP Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified 21 21 21 21 21 20 20 20 20 20 20 20 20 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 18 18 18 18 18 18 Budget & Performance Improvement Director Neighborhood Services Director Parking Director Planning Director Parks & Recreation Director Assistant Director-Building Assistant Director-Finance Community I Economic Development Director Cultural Affairs & Tourism Development Director Fire Division Chief Fire Marshall Information Technology Division Director Police Division Major Assistant Director-CIP Assistant Director -Community I Economic Development Assistant Director -Public Works Bass Museum Director Ocean Rescue Division Chief Budget Officer Chief of Staff City Engineer Code Compliance Director Community Information Manager Executive Assistant to the Chief Fleet Management Division Director Internal Auditor Labor Relations Director Police Captain Police Commander Procurement Division Director Property Management Division Director Public Information Coordinator Sanitation Director Senior Assistant City Attorney Special Assistant to the City Manager Transportation and Concurrency Manager Affirmative Action Officer Application Systems Manager Assistant Director -Neighborhood Services Assistant Director -Parking Assistant Director -Parks Assistant Director -Planning 5 383 Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified 18 18 18 18 18 18 18 18 18 18 18 18 18 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 Assistant Director-Recreation Assistant Director-Tourism and Cultural Development Chief Accountant Expenditure I Treasury Manager Finance Manager Human Resources Administrator II Labor Relations Division Director Redevelopment Coordinator Revenue Manager Senior Capital Projects Coordinator Systems Support Manager Technical Services Manager Utilities Superintendent Account Manager -Finance Arts, Culture & Entertainment Director Assets Manager Assistant Director -Code Compliance Assistant Division Director -Property Management Assistant For Labor Relations Assistant to the Neighborhood Services Director Assistant Internal Auditor Call Center I Customer Service Manager Capital Improvement Administrator -Finance Capital Projects Coordinator Chief Accessibility Inspector Chief Structural Plans Examiner Code Compliance Division Director Community Development and Housing Division Director Construction Management Division Director Cultural Affairs Program Manager Economic Development Division Director Emergency Management Coordinator Employment Supervisor Geographic Information System Manager Grants Manager Historic Preservation Coordinator Housing Manager Manager-Finance Neighborhood Services Projects Administrator Office of Community Services Division Director Organizational Development & Training Coordinator Planning & Zoning Manager Preservation & Design Manager 6 384 Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified 17 17 17 17 17 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 Risk Manager Service Delivery Manager Special Projects Coordinator Streets, Lighting & Stormwater Superintendent Transportation Manager Assistant Director -Procurement Division Assistant Director -Sanitation Assistant City Attorney II Assistant City Clerk Capital Improvement Administrator Capital Projects Administrator Chief Building Code Compliance Officer Chief Building Inspector Chief Electrical Inspector Chief Elevator Inspector Chief Engineering Inspector Chief Fire Protection Analyst Chief Mechanical Inspector Chief Plumbing Inspector Civil Engineer Ill Claims Coordinator Community Development Coordinator Community Information Coordinator Community Resources Coordinator Database Administrator Employee Benefits Coordinator EMS Coordinator Environmental Resources Manager Film & Event Production Manager Financial Analyst Ill Human Resources Administrator I Implementation Services Manager Landscape Projects Coordinator Log Cabin Program Administrator Mayor I Commissioner Aide Office of Child Development Director Organizational Development & Training Specialist Park Facility Manager Parks Superintendent Police Plans & Policies Manager Principal Planner Project Planner/Designer PSCU Administrator 7 385 Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 Public Information Officer Radio Systems Administrator Real Estate Economist Senior Auditor Senior Management Analyst Senior Management & Budget Analyst Senior Management Consultant Senior Network Administrator Senior Systems Administrator Storage Area Network Architect Tourism & Convention Director Traffic Engineer Transportation Coordinator Urban Forester Utility Billing Supervisor VOIP Network Administrator Assistant Director -Bass Museum Building Permitting Information Analyst II CDBG Projects Coordinator Central Services Coordinator Code Compliance Manager Code Compliance Supervisor Contracts Compliance Specialist Departmental ADA Coordinator Development Coordinator Development Review Services Coordinator Film & Print Coordinator Financial Analyst II Fire Protection Analyst Grants Writer I Researcher Information Technology Specialist Ill Inspection Services Coordinator Media Specialist Network Administrator Property I Evidence Supervisor Redevelopment Specialist Right-of-Way Manager Safety Officer Senior Planner Senior Plans Designer Senior Capital Projects Planner Senior Systems Analyst Senior Telecommunications Specialist 8 386 Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified 15 15 15 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 13 13 13 13 13 Special Events Coordinator Structural Engineer Systems Administrator Administrative Manager Assistant City Attorney I Building Records Manager CDBG Program Analyst Civil Engineer II Communications Manager Community Development Specialist Construction Manager Cultural Facilities Manager Curator Curator of Collections Curator of Education Entertainment Industry Liaison Environmental Specialist Geographic Information System Analyst Housing Specialist Information Technology Specialist II Landscape Architect Legal Administrator Log Cabin Education Coordinator Management Consultant Parking Administration Manager Parking Operations Manager Police Records Manager Property Management Contracts Coordinator Records Manager Recreation Supervisor II Sanitation Superintendent Senior Procurement Specialist Systems Analyst Telecommunications Specialist Social Worker Transportation Engineer Victims Advocate Agenda Coordinator Auditor Executive Office Associate II Financial Analyst I Fleet Analyst 9 387 Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified Unclassified 13 Grants Writer I Researcher Unclassified 13 Labor Relations Specialist Unclassified 13 Management & Budget Analyst Unclassified 13 Office Manager Unclassified 13 Human Resources Specialist Unclassified 13 Planner Unclassified 13 Procurement Coordinator Unclassified 13 Public Art Coordinator Unclassified 13 Public Information Specialist Unclassified 13 Security Specialist Unclassified 13 Special Events Liaison Unclassified 12 Bicycle Program Coordinator Unclassified 12 Building Permitting Information Analyst I Unclassified 12 Building Records Supervisor Unclassified 12 Civil Engineer I Unclassified 12 Community Development Technician Unclassified 12 Executive Office Associate I Unclassified 12 Field Agent Unclassified 12 Field Supervisor Unclassified 12 Homeless Program Coordinator Unclassified 12 Information Technology Specialist I Unclassified 12 Labor Relations Technician Unclassified 12 Legal Secretary Unclassified 12 Police Financial Assistant Unclassified 12 Police Public Information Officer Unclassified 12 Police Records Supervisor Unclassified 12 Registrar Unclassified 11 Case Worker Unclassified 11 Elder Affairs Coordinator Unclassified 11 Grants & Operations Administrator Unclassified 11 Ice Rink Manager Unclassified 11 Log Cabin Employment Specialist I Job Coordinator Unclassified 11 Media Assistant Unclassified 11 Office Associate V Unclassified 11 Sanitation Coordinator Unclassified 11 Truancy Prevention Program Coordinator Unclassified 10 Assistant Ice Rink Manager Unclassified 10 Code Violations Clerk Unclassified 10 Customer Service Liaison Unclassified 10 Paralegal Unclassified 10 388 9 Case Worker II Unclassified 9 Office Associate IV Unclassified 9 Field Monitor Unclassified 8 Graffiti Removal Coordinator Unclassified 7 Log Cabin Instructor Unclassified 7 Office Associate Ill Unclassified 7 Receptionist Unclassified 6 There is currently no classification in this Grade. 5 Office Associate II Unclassified 4 Log Cabin Driver /Instructor Aide Unclassified 3 Office Associate I Unclassified 2 There is currently no classification in this Grade. 1 There is currently no classification in this Grade. SECTION 2: REPEALER. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3: SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4: EFFECTIVE DATES. The Ordinance Amendments set forth in Section 1 above shall become effective the first full payroll period in April 2012. A three percent (3%) across the board COLA for all Unclassified employees shall become effective the first full payroll period in April 2012. SECTION 5: CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be 11 389 renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. PASSED and ADOPTED this __ day of--------' 2012. Matti Herrera Bower, Mayor ATTEST: APPROVED AS TO F0Rty1 & LANGUAGE & FO CUTION /4 // // t .... ,~-cv Robert Parcher, City Clerk Date T:\AGENDA\2012\2-8-12\COLA-ORDINANCE-UNCLASSIFIED EMPLOYEES a.docx 12 390 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Amending Division 2, Entitled "Disability Access Committee," By Amending Sec. 2-31 (D) To Increase The Number Of Members From Seven (7) To Fourteen (14) And Amending The Quorum Requirement. Ke Intended Outcome Supported: Supporting Data (Surveys, Environmental Scan, etc.): Issue: I Shall the Mayor and City Commission increase the ADA membership to 14? Item Summary/Recommendation: At the July 13, 2011 City Commission Meeting, the Commission passed and adopted ordinance No. 2011-3731, which amended sec. 2-31 (C) to provide that the chairperson of the committee may designate a committee member to obtain information from, and provide input to other City agencies boards, or committees relative to accessibility related issues. At the September 14, 2011 Commission Meeting, a discussion item was placed in the Commission agenda by Commissioner Jonah Wolfson, regarding changes made to the Disability Access Committee (DAC). A Motion was made by Commissioner Wolfson to refer the item back to the Neighborhood/Community Affairs Committee (NCAC) meeting, where it first originated, to clarify any misunderstandings by some people and that changes to the ordinance be explained. At the December 14, 2011 NCAC meeting, the Committee recommended that the City Commission increase the membership of the DAC to fourteen and bring it back to City Commission for approval. Advisory Board Recommendation: I None Financial Information: Source of Amount Funds: 1 OBPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin Department Director Assistant City Manager JGG MIAMI BEACH 391 Account Approved AGENDA ITEM ----!..R~S"'_J __ DATE J.--8-IL City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM To: Members of the Neighborhoods/Community Affairs Committee From: Jorge M. Gonzalez, City Manager~~ ~IRST READING Date: February 8, 2012 Subject: AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 2, ENTITLED "DISABILITY ACCESS COMMITTEE," BY AMENDING SEC. 2-31(D) TO INCREASE THE NUMBER OF MEMBERS FROM SEVEN (7) TO FOURTEEN (14) AND AMENDING THE QUORUM REQUIREMENT. BACKGROUND At the July 13, 2011 City Commission Meeting, the Commission passed and adopted ordinance No. 2011-3731, which amended sec. 2-31 (C) to provide that the chairperson of the committee may designate a committee member to obtain information from, and provide input to other City agencies boards or committees relative to accessibility related issues. At the September 14, 2011 Commission Meeting, a discussion item was placed in the Commission agenda by Commissioner Jonah Wolfson regarding changes made to the Disability Access Committee (DAC). A Motion was made by Commissioner Wolfson to refer the item back to the Neighborhood/Community Affairs Committee (NCAC) meeting, where it first originated, to clarify any misunderstandings by some people and that changes to the ordinance be explained. At the December 14, 2011 NCAC meeting, the Committee recommended that the City Commission increase the membership of the DAC to fourteen and bring it back to City Commission for approval. It should be noted that in the past year, two DAC meetings were cancelled due to lack of quorum. FINANCIAL IMPACT Pursuant to the City Charter, the financial impact, if approved, is estimated to be $3,449.25 annually assuming all seven new members apply for the parking decal. This estimate is based on the estimated annual value of a citywide parking decal at $492.75. 392 ADMINISTRATION RECOMMENDATION The Administration request that the Commission carefully consider this request and balance the desire to increase the membership of the Disability Access Committee to provide better representation versus the potential quorum problems that a fourteen (14) member board may experience. DRB//FHB/JCC F:\WORK\$ALL\(1) EMPLOYEE FOLDERS\KNECHT\DAC memo 393 ORDINANCE NO .. ____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 2, ENTITLED "DISABILITY ACCESS COMMITTEE," BY AMENDING SEC. 2-31(D) TO INCREASE THE NUMBER OF MEMBERS FROM SEVEN (7) TO FOURTEEN (14) AND AMENDING THE QUORUM REQUIREMENT; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Disability Access Committee ("Committee") voted unanimously to increase its board membership from seven (7) members by adding an additional seven (7) members for a total of fourteen (14) members; and WHEREAS, the matter was referred to the Neighborhood/Community Affairs Committee (NCAC) by the City Commission on July 14, 2010 to discuss an amendment to increase the membership on the Committee and, at its December 14, 2010 meeting, the NCAC moved to recommend to the City Commission the increase in the number of members of the Committee from seven (7) to fourteen (14) members; and WHEREAS, at the January 19, 2011 City Commission meeting, the City Commission approved the recommendation to increase the number of members on the Committee from seven (7) to fourteen (14) members; and WHEREAS, at the February 9, 2011 City Commission meeting, an ordinance increasing the Committee's membership was approved on first reading and a second reading, public hearing was scheduled for March 9, 2011. In the interim, the item was referred to the NCAC; and WHEREAS, at the July 13, 2011 City Commission meeting, the Commission passed and adopted an Ordinance No. 2011-3731 amending the powers and duties of the Committee; and WHEREAS, the Mayor and City Commission wish to further amend the provisions relating to the composition of the Committee by expanding the membership of the Committee from seven (7) to fourteen (14) members and increasing the quorum requirement. NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. That Section 2-31 (d) of Chapter 2 of the City Code is hereby amended as follows: Chapter 2 ADMINISTRATION * * * 394 Article Ill. Agencies, Boards And Committees * * * Division 2. Disability Access Committee Sec. 2-31. Established; purpose; composition. (a) Established. There is hereby established the disability access committee, whose purposes, power and duties, composition, membership qualification and general governing regulations are as set forth in this section. (b) Purpose. The purpose of this committee is to review, formulate and coordinate information, suggestions, proposals and plans and to address complaints from the general public to provide more conveniently accessible facilities, public buildings, streets, sidewalks and programs for the persons with disabilities in the city. The committee, in the context of this transition plan, is consulted with in terms of prioritization of accessibility-related improvements to city facilities. The priorities are in terms of both the order of which facilities to modify, and also the particular improvements to each respective facility. The committee may provide accessibility-related input to the following departments: building services, recreation, culture and parks, police and code compliance. (c) Powers and duties. See subsection (b) of this section. In addition, the chairperson of the committee may designate a committee member to attend meetings of other city agencies, boards, or committees for the purpose of providing and obtaining input regarding accessibility related issues and reporting to the disability access committee on matters set forth in subsection (b) so that the disability access committee may provide recommendations to the city departments specified in subsection (b) or to the city commission. (d) Composition. The disability access committee shall be composed of SEWeR fourteen voting members,;_•.vho shall be direct appointees by the mayor and each city commissioners shall make two direct appointments. A quorum shall consist of thfee eight members. Formal action of the board shall require at least thfee eight votes. Consideration shall be given, but not limited to, the following categories: persons having mobility impairment; deaf and/or hard-of-hearing persons in the community; blind and/or vision-impaired persons in the community; mental, cognitive or developmental disabilities; and the industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care (or rehabilitation). The city attorney's office shall provide legal counsel. (e) Knowledge and experience. All appointments shall be made on the basis of civic pride, integrity, experience and interest in the needs of persons with disabilities. Consideration shall be given but not limited to recommendations solicited by the city commission from associations to be specified by the disability access committee at a later date. (f) Supporting department. The supporting department of the committee is public works. 395 SECTION 2. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. Passed and adopted this __ day of ______ , 2012. This Ordinance shall take effect the_ day of ______ , 2012. ATTEST: MAYOR MATTI HERRERA BOWER ROBERT PARCHER, CITY CLERK Underline denotes additions. F:\A TTO\TURN\ORDINANC\Disability Access Committee 2012.docx 396 R7 RESOLUTIONS 397 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Granting And Authorizing The Mayor And City Clerk To Execute A Revocable Permit To 1790 Alton Holdings LLC, As Owner Of The Property Located At 1790 Alton Road, To Allow A Concrete "Eyebrow" To Extend Into The Public Right-Of-Way On 181h Street And The Service Road Adjacent To Alton Road, With A Minimum Height Of 14 Feet Above The Sidewalk. Key Intended Outcome Supported: Maintain Miami Beach public areas and rights of way Citywide Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: I Shall the City Commission grant the revocable permit? Item Summary/Recommendation: The property is a small triangular parcel located west of Alton Road between Dade Boulevard and 18m Street. The owner is developing a new modern commercial building on this site. The design of this building has incorporated concrete "eyebrow" as an architectural element. These "eyebrows" extend 12 inches outside of the property line and are at a minimum of 14 feet above the public sidewalk. Concrete "eyebrows" are signature architectural features commonly found on many buildings throughout Miami Beach. The criteria for a revocable permit are satisfied per Miami Beach City Code Section 82-94, to allow an encroachment over the City's right-of-way. 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. Advisory Board Recommendation: IN/A Financial Information· Source of Amount Funds: 1 I I 2 OBPI Total N/A Financial Impact Summary: N/A Cit Clerk's Office le islative Trackin : Si n-Offs: Assistant Ci ORB fa MIAMIBEACH 399 Account N/A AGENDA ITEM R 7 A DATE Z-8-/k ,~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager " ~ DATE: SUBJECT: February 8, 2012 '6 v PUBLIC HEARING A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE PERMIT TO 1790 ALTON HOLDINGS LLC, AS OWNER OF THE PROPERTY LOCATED AT 1790 ALTON ROAD, TO ALLOW A CONCRETE "EYEBROW" TO EXTEND APPROXIMATELY TWELVE INCHES {12") INTO THE PUBLIC RIGHT-OF- WAY ON 18TH STREET, AND THE SERVICE ROAD ADJACENT TO ALTON ROAD, WITH A MINIMUM HEIGHT OF FOURTEEN {14) FEET ABOVE THE SIDEWALK. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the resolution. BACKGROUND The property is a small triangular parcel located west of Alton Road between Dade Boulevard and 181h Street. The owner is developing a new modern commercial building on this site. The design of this building will incorporate a concrete "eyebrow" as an architectural element. These "eyebrows" will extend 12 inches outside of the property line and will be at a minimum of 14 feet above the public right-of-way (Attachment). Concrete "eyebrows" are signature architectural features commonly found on many buildings throughout Miami Beach. ANALYSIS Pursuant to the criteria established under Section 82-94 of the City of Miami Beach Code of Ordinances for the granting/denying of revocable permits, the City has analyzed the criteria and issues the following conclusions: 1) That the applicant's need is substantial. Satisfied. The proposed building has been designed to express an architectural style that is contextual with the existing architecture of Miami Beach. The use of "eyebrows" as an architectural element will be incorporated into the design to express horizontality. The design is in conformance with the Design Guidelines of the City of Miami Beach Planning & Zoning Department. 400 City Commission Memorandum-1790 Alton Road February 8, 2012 Page 2 of3 2) That the applicant holds the title to an abutting property. Satisfied. A copy of the title has been submitted as part of this application, which indicates the applicant holds title to this property. 3) That the proposed improvements comply with applicable codes, ordinances, regulations, and neighborhoods plans and laws. Satisfied. The applicant will obtain all necessary building permits for the encroachments. 4) That the grant for such application will have no adverse effect on government/utility easements and uses on the property. Satisfied. The "eyebrows" will be placed at the height that will not impact vehicular access to the property or use of the sidewalk. 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. 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. b: This property is currently an empty lot on an important intersection that is the eastern entrance to a commercial district. This project is key to expressing an entrance by activating the eastern boundary of this neighborhood and enhancing the urban fabric. In addition, the proposed "eyebrow" encroachments will provide some protection to pedestrians from the sun and rain. 6) That the granting of 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. Throughout the City's commercial district there are many examples of similar conditions where concrete "eyebrows" on the front facades of the building extend over the property line/public sidewalk. The applicant is not requesting consideration for anything that has not been afforded to other commercial property owners on Miami Beach. Granting this revocable permit will in no way impact access to or past the property. 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. 401 City Commission Memorandum-1790 Alton Road February 8, 2012 Page 3 of3 Satisfied. The overhead "eyebrow" will be located at a minimum of 14 feet above the sidewalk. These "eyebrows" will enhance the sidewalk by providing pedestrians some protection against the sun and rain. The "eyebrows" will be high enough to avoid conflict with vehicular traffic. The analysis above shows that the criteria for a revocable permit are satisfied per Miami Beach City Code Section 82-94, to allow existing encroachments into the City's right-of-way to remain. 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 granting and authorizing the Mayor can City Clerk to execute a revocable permit to 1790 Alton Holdings LLC, as owner of the property located at 1790 Alton Road, to allow a concrete "eyebrow" to extend into the public right of way on 18th Street and the service road adjacent to Alton Road, with a minimum height of 14 feet above the sidewalk. Attachment A: Sketch of the proposed encroachments Attachment 8: Modani store front elevation DRB/FHB/RWS T:\AGENDA\2012\2-8-12\Revocable Permit 1790 Alton Road Memo.docx 402 RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE PERMIT TO 1790 ALTON HOLDINGS LLC, AS OWNER OF THE PROPERTY LOCATED AT 1790 ALTON ROAD, TO ALLOW A CONCRETE "EYEBROW" TO EXTEND APPROXIMATELY TWELVE INCHES (12") INTO THE PUBLIC RIGHT-OF-WAY ON 18TH STREET, AND THE SERVICE ROAD ADJACENT TO ALTON ROAD, WITH A MINIMUM HEIGHT OF FOURTEEN FEET (14') ABOVE THE SIDEWALK. WHEREAS, 1790 Alton Holdings LLC (Applicant) is the owner of property located at 1790 Alton Road (the Property); and WHEREAS, the Applicant is developing a new commercial building on the Property, which is a small triangular parcel located west of Alton Road, between Dade Boulevard and 18th Street; and WHEREAS, the design of the building incorporates a concrete "eyebrow" as an architectural element, which is a signature architectural feature commonly found on many buildings throughout Miami Beach; and WHEREAS, the aforestated "eyebrow" extends approximately twelve inches (12") into the public right-of-way, on 18th street and the service road adjacent to Alton Road, with a minimum height of fourteen feet (14') above the sidewalk; and WHEREAS, Applicant is requesting a revocable permit from the City to construct and maintain the encroachment on and over the public right-of-way; and WHEREAS, the Public Works Department is in receipt of Applicant's completed application for a revocable permit; and WHEREAS, at its January 11, 2012 meeting, the City Commission set a public hearing for its February 8, 2012 meeting to consider Applicant's request; and WHEREAS, following such duly notified public hearing, the City Commission hereby finds that Applicant has satisfied the City's criteria for granting revocable permits, as set forth in Section 82-94 of the City Code. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby grant and authorize the Mayor and City Clerk to execute a revocable permit to 1790 Alton Holdings LLC, as owner of the property located at 1790 Alton Road, to allow a concrete "eyebrow" to extend approximately twelve inches (12") into the public right-of-way on 18th street, and the service road adjacent to Alton Road, with a minimum height of fourteen feet (14') above the sidewalk. PASSED AND ADOPTED this 8th day of February, 2012. ATTEST: Robert H. Parcher, City Clerk Matti Herrera Bower, Mayor ~ T·\AClFNnA\?01?\?-A-1?\RP.vo .RhiP. PP.rmit 1790 Alton RnRci ~g~or. < .j.J 1:: (i) ] u co .j.J .j.J < w :::J z w > <:( 1-(f) w s ~--· --------------------------~ I I I I I I I I I \ [!!) EXISTING EXTERIOR PARKING "' / -// / / _..... 1!1 ~oiO>•onoO<I>IIOCI•Pll.t<><"• n 18th STREET ~----;;----------~---%( @ -f~---· ---l "EYEBROW' TO EXTEND INTO THE PUBLIC RIGHT OF WAY ON 18 '" STREET AND THE SERVICE ROAD ADJACENT TO ALTON ROAD, AND A MINIMUM OF 14 FEET ABOVE THE SIDEWALK. ~ • d d , h ~~ MODANI BUILDING PROPOSED COMMEiRCIAL -..l~'-~~ 0'--<::--_/ .. '00 .. / Q~ .. / _....'?~ .. / [!!) PROPOSED SITE PLAN fl\ SCALE·1!16"= 1' Q7 [!!) / / SITE LEGEND ID I.ANDSCIIPEAA~ / I!J EXISTIN(iPAAKIHG-ASPH'-I,TP ... VEMEHT 1!1 NEWCURO-CUTIPAAKINGEmltY·EXIT {!I f!XISTINGTRIIr.FICSIGIVIl [!) l'llOrOSE02"-l!CotiC.EYCIIROWOVEilii/ING 00 EX!Sl)NGOJ'COnt:IIETECURS I!] EXISTINGCOr<tl!EltSIOEWA.t~ rnJ EXISJINGPIIUATRE£ I!] I:XISTWiASPIW.TPAVEMENT m ElCISTINGCHIIINliUKFENCE li] NEWCQIICR!'TESIOEWAU< tilJ EXISI~IGLIGHTPOU:lOh~RElOCI'.TED ti1) EX!STMIGCOMI.IEI\C!ALDUlC.. ~ NEWROtlOOVINS~CURIIYtoA.lE g) ROll.UPOOOil / / / LOCATION PLAN z~~ C§ ~ ~ o•· 2!~ ~ ~ SI!E~T lltJIABEP .::!!!~:/.!. SP-101 H I ;J n a u n d q p d n li n ~ p i' .I p ~ ~ ~ d u ~: r J u ~ • d u q ti .q-0 .q- Attachment B THE MIAMI 'HERALD I MiamiHerald.com (9 MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that a public hearing will be held py 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, February 8, 2012 at 10:15 A.M., To Consider Granting A Revocable Permit To 1790 Alton Holdings LLC, As Owner Of The Property Located At 1790 Alton Road, To Allow A Concrete "Eyebrow" To Extend Into The Public Right-Of-Way On . 18th Street And The Service Road Adjacent To Alton Road (And A Minimum Of 14 Feet Above The Sidewalk). Inquiries may be directed to the Public Works Department at (305) 673-7080. 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 City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City·Hall, and Miami Beach, Florida 33139. This meeting may be continued and Linder such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by. the City Commission with respect to any matter considered .at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which 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 vhallenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with· di§;abilities,. and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305)673-7218(TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). Ad#689 406 COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving a First Amendment to that certain Retail Lease Agreement by and between the City of Miami Beach, the Miami Beach Redevelopment Agency and Penn 17, LLC., dated September 16, 2011, involving the lease of approximately 7,807 square feet of ground floor retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida; said First Amendment correcting the gross rentable retail space from 7,807 square feet to 7,655 square feet as well as providing for a corresponding reduction in annual rent from $585,525 to $574,125 and the cost of Common Area Maintenance (CAM) from $100,370 per year to $98,850 per year. Key Intended Outcome Supported: Increase resident satisfaction with the 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 place to do business. Issue: I Shall the City Commission approve the First Amendment to the Lease Agreement? Item Summary/Recommendation: On April 13, 2011, the Mayor and City Commission adopted a Resolution, approving a Lease Agreement (the Lease), having a term of nine (9) years and 364 days, between the City and Penn 17, LLC, for use of approximately 7,807 square feet of ground level retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida, for a restaurant (primary use), with ancillary uses for a bakery, a bar/cafe, and a book and gift shop. The Resolution also approved the execution of a Pre- Lease Due Diligence Review Agreement, granting the Tenant a maximum of six (6) months following approval of the Lease, in which to reserve its leasing rights while advancing design and plan development and consulting with the City's Planning and Building Departments in order to ascertain the feasibility of obtaining a full building permit prior to actual commencement of the Lease. On January 11, 2012, the Mayor and City Commission authorized the Administration to proceed in separating out the retail portion of the Pennsylvania Avenue Garage via a condominiumization process so as to ensure the continued tax exempt status of the municipal parking garage. Part of the process involved the preparation of a certified boundary survey, clearly delineating the retail and parking areas of the building. The survey revealed the actual size of the retail space to be 7,655 square feet and not 7,807 square feet as defined in the Lease Agreement between the City and Penn 17, LLC, a difference of 152 square feet. In order to address this discrepancy, the Administration recommends amending the Lease Agreement to reflect the adjusted square footage as provided for in the survey and to reduce the annual base rent accordingly, from $585,525 to $574,125, a difference of $11 ,400. The Tenant's Common Area Maintenance (CAM) cost will also need to be reduced from $100,370 per year to $98,850 per year, a difference of $1,520. Advisory Board Recommendation: Financial Information: Source of Funds: n/a 1 1 Amount I 1 I n/a Financial Impact Summary: ('-) Ci Clerk's Office Le islative Trackin ~Kent Bonde, extension 7193 irector 1 Account I T:\AGENDA \2012\February 8, 2012\Consent\Penn 17 LLC Agreement Amendment Summ.doc G MIAMIBEACH 407 AGENDA ITEM R1 B DATE 2-'%-/2... ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the Ci Commission FROM: Jorge M. Gonzalez, City Manager DATE: February 8, 2012 SUBJECT: A RESOLUTION OF THE MA R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO THAT CERTAIN RETAIL LEASE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH, THE MIAMI BEACH REDEVELOPMENT AGENCY AND PENN 17, LLC. (LESSEE), DATED SEPTEMBER 16, 2011, INVOLVING THE LEASE OF APPROXIMATELY 7,807 SQUARE FEET OF GROUND FLOOR RETAIL SPACE AT THE PENNSYLVANIA AVENUE GARAGE, 1661 PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA; SAID FIRST AMENDMENT CORRECTING THE GROSS RENTABLE RETAIL SPACE FROM 7,807 SQUARE FEET TO 7,655 SQUARE FEET AS WELL AS PROVIDING FOR CORRESPONDING REDUCTIONS IN LESSEE'S ANNUAL RENT FROM $585,525, TO $574,125, AND IN THE CHARGE FOR COMMON AREA MAINTENANCE (CAM) FROM $100,370 PER YEAR, TO $98,850 PER YEAR. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND On April13, 2011, the Mayor and City Commission passed Resolution No. 2011-27647, approving a Lease Agreement (the Lease), having a term of nine (9) years and 364 days, between the City and Penn 17, LLC, for use of approximately 7,807 square feet of ground level retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida, for a restaurant (primary use), with ancillary uses for a bakery, a bar/cafe, and a book and gift shop. The Resolution also approved the execution of a Pre-Lease Due Diligence Review Agreement, granting the Tenant a maximum of six (6) months following approval of the Lease, in which to reserve its leasing rights while advancing design and plan development and consulting with the City's Planning and Building Departments in order to ascertain the feasibility of obtaining a full building permit prior to actual commencement of the Lease. The Pre-Lease Agreement which expired on October 13, 2011, contained two milestones, requiring the Tenant to have a) entered into a contract with a licensed architect/engineer and b) to have submitted a complete application for a building permit, evidenced by the issuance of a building permit process number by August 13, 2011. However, due to the 408 Commission Memorandum Penn 17, LLC-Retail Lease Amendment February 8, 2012 Page 2 of3 complexity associated with addressing some of the design issues, including, but not limited to, the installation of grease traps, additional sub-grade plumbing and kitchen exhaust venting, the Tenant was unable to meet this deadline. Consequently, the Tenant was faced with two options, automatic termination of the Lease and forfeiture of its $25,000 Pre- Lease deposit to the City, or electing to execute the Lease and crediting the $25,000 towards its security deposit, albeit without the benefit of a building permit in place. On August 29, 2011, in accordance with the provisions of the Pre-Lease Agreement, the Tenant elected to proceed in the execution of the Lease, committing to an October 13, 2011 Commencement Date as well as establishing a $1,000,000 escrow construction fund. Concurrent with the execution of the Lease, the Tenant formally engaged Halloran Construction (Contractor) and Design 3 Architects to further develop and finalize the plans for permitting. The plans were submitted to the Building Department on October 4, 2011, and are currently in process of being reviewed and commented upon. In order to expedite work at the premises and in consideration of the extensive and delicate scope involved in the demolition and sub-grade work that needs to precede the interior build-out, the Contractor applied for a separate permit for partial interior demolition of the space, which was approved by the Building Department on January 17, 2012. With demolition set to commence the week of January 23, 2012, the Contractor estimates the interior build-out to proceed by mid-February with completion tentatively scheduled by late June, early July, 2012. ANALYSIS On January 11, 2012, the Mayor and City Commission authorized the Administration to proceed in separating out the retail portion of the Pennsylvania Avenue Garage via a condominiumization process so as to ensure the continued tax exempt status of the municipal parking garage. Part of the process involved the preparation of a certified boundary survey, clearly delineating the retail and parking areas of the building. The survey revealed the actual size of the retail space to be 7,655 square feet and not 7,807 square feet as defined in the Lease Agreement between the City and Penn 17, LLC, a difference of 152 square feet. In order to address this discrepancy, the Administration recommends amending the Lease Agreement to reflect the adjusted square footage as provided for in the survey and to reduce the annual base rent accordingly, from $585,525 to $574,125, a difference of $11 ,400. The Tenant's Common Area Maintenance (CAM) cost will also need to be reduced from $100,370 per year to $98,850 per year, a difference of$1,520.1tshould also be noted that the reduction in annual rent will also reduce the brokerage fee due to Koniver Stern by approximately $6,361. 2 409 Commission Memorandum Penn 17, LLC -Retail Lease Amendment February 8, 2012 Page 3 of3 CONCLUSION The Administration recommends adopting the Resolution. JMG\HMF~OB T:\AGENDA\2012\February 8\Consent\Penn 17 Retail Lease Amendment.MEM.doc 3 410 RESOLUTION NO., _____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO THAT CERTAIN RETAIL LEASE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH, THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA) AND PENN 17, LLC. (LESSEE), DATED SEPTEMBER 16,2011, INVOLVING THE LEASE OF APPROXIMATELY7,807 SQUARE FEET OF GROUND FLOOR RETAIL SPACE AT THE PENNSYLVANIA AVENUE GARAGE, 1661 PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA; SAID FIRST AMENDMENT CORRECTING THE GROSS RENTABLE RETAIL SPACE FROM 7,807 SQUARE FEET TO 7,655 SQUARE FEET AS WELL PROVIDING FOR CORRESPONDING REDUCTIONS IN LESSEE'S ANNUAL RENT FROM $585,525, TO $574,125, AND IN THE CHARGE FOR COMMON AREA MAINTENANCE (CAM) FROM $100,370 PER YEAR,TO $98,850 PER YEAR. WHEREAS, on April13, 2011, the Mayor and City Commission adopted Resolution No. 2011-27647, approving a Lease Agreement (the Lease), between the City, the RDA and Penn 17 LLC. (Lessee), having a term of nine (9) years and 364 days, for use of approximately 7,807 square feet of ground level retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida, for a restaurant (primary use), with ancillary uses for a bakery, a bar/cafe, and a book and gift shop; and WHEREAS, on January 11, 2012, the Mayor and City Commission authorized the Administration to proceed in separating out the retail portion of the Pennsylvania Avenue Garage via a condominiumization process so as to ensure the continued tax exempt status of the municipal parking garage; and WHEREAS, the condominiumization process involved the preparation of a certified boundary survey, revealing the actual size of the aforestated retail space to be 7,655 square feet, and not 7,807 square feet as defined in the Lease; and WHEREAS, in order to address the difference in square footage, it is necessary to amend the Lease to reflect the adjusted square footage, and accordingly to also reduce the Lessee's annual base rent and the cost of Common Area Maintenance (CAM). 411 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute a First Amendment to that certain Retail Lease Agreement by and between the City of Miami Beach, the Miami Beach Redevelopment Agency and Penn 17, LLC. (Lessee), dated September 16, 2011, involving the lease of approximately 7,807 square feet of ground floor retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida; said First Amendment correcting the gross rentable retail space from 7,807 square feet to 7,655 square feet as well as providing for corresponding reductions in Lessee's annual rent from $585,525, to $57 4, 125, and in the charge for the Common Area Maintenance (CAM) from $100,370 per year, to $98,850 per year. PASSED AND ADOPTED THIS 8TH DAY OF FEBRUARY, 2012. ATTEST: CITY CLERK JMG:HF:KB:JC:KOB T:\AGENDA\2012\Feb 8\Consent Penn 17 LLC Amendment RESO.doc 412 MAYOR APPROVED AS TO FORM & LANGUAGE FOR CUTION \"'t1-"'\l/ Date AMENDMENT NO.1 TO THE RETAIL LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, THE MIAMI BEACH REDEVELOPMENT AGENCY AND PENN 17, LLC., DATED SEPTEMBER 16, 2011, INVOLVING THE LEASE OF APPROXIMATELY 7,807 SQUARE FEET OF GROUND FLOOR RETAIL SPACE AT THE PENNSYLVANIA AVENUE GARAGE, 1661 PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA This Amendment No. 1 (this "Amendment"), is made and executed as of this __ day of ___ , 2012 (the "Effective Date"), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida (the "City"), the MIAMI BEACH REDEVELOPMENT AGENCY, a public body corporate and politic (the "RDA"), hereinafter referred to collectively as (the "Landlord"), and PENN 17, LLC., a Florida corporation, whose principal place of business is located 1661 Pennsylvania Avenue, Suite 6, Miami Beach, Florida 33139 (the "Tenant) RECITALS: WHEREAS, on April 13, 2011, the Mayor and City Commission adopted Resolution No. 2011-27647, approving a Lease Agreement (the Lease), between the City, the RDA and Penn 17 LLC. (Lessee), having a term of nine (9) years and 364 days, for use of approximately 7,807 square feet of ground level retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida, for a restaurant (primary use), with ancillary uses for a bakery, a bar/cafe, and a book and gift shop; and WHEREAS, on January 11, 2012, the Mayor and City Commission authorized the Administration to proceed in separating out the retail portion of the Pennsylvania Avenue Garage via a condominiumization process so as to ensure the continued tax exempt status of the municipal parking garage; and WHEREAS, the condominiumization process involved the preparation of a certified boundary survey, revealing the actual size of the aforestated retail space to be 7,655 square feet, and not 7,807 square feet as defined in the Lease; and WHEREAS, in order to address the difference in square footage, it is necessary to amend the Lease to reflect the adjusted square footage, and accordingly to also reduce the Lessee's annual base rent and the cost of Common Area Maintenance (CAM). NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Landlord and Tenant hereby agree as follows: 1. The above Recitals are true and correct and incorporated herein by reference. 2. Section 8 of the Lease Summary, entitled "Gross Rentable Area of Premises/ Retail Space" shall be amended as follows: Approximately -7;-SQ+ 7,655 rentable square feet (in Suite G, as also shown in Exhibit "B"), plus 2,230 square feet for Additional Area (Exhibit "B-1'') 413 F 1 Amendment Penn 17, LLC Lease Retail Lease 3. The schedule in Section 11 of the Lease Summary, entitled "Minimum Rent" shall be amended as follows: MONTHLY PAYMENT LEASE YEAR ANNUAL MINIMUM RENT* (PLUS SALES TAX} 1 -2 $§8§,§2§ ~574,125 $48,794 ~47,844 3-10 See Note(*) See Note(*) 4. The schedule in Section 18 of the Lease Summary, entitled "Cost Pass- Throughs" shall be amended as follows: Lease Year 1 2-10 Common Area Maintenance (CAM) Cost per Square Foot $10.00 See Note(*) Monthly/Annual Payment $8,364/mo-$100,370/yr $8,237/mo-$98,850/yr See Note(*) Note (*) Beginning on the second anniversary of the Lease Commencement Date, and at the beginning of each succeeding year thereafter during the Term of the Lease, the CAM rate shall be adjusted to reflect the actual pro-rata share of Property Taxes and Insurance costs incurred by the Landlord during the previous calendar year. 5. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. 2 414 rt Amendment Penn 17, LLC Lease Retail Lease WITNESS WHEREOF, this Amendment has been duly executed by the parties hereto as of the day and year first above written. ATTEST: CITY OF MIAMI BEACH, FLORIDA City Clerk Mayor ___ day of _____ , 2012. ATTEST: MIAMI BEACH REDEVELOPMENT AGENCY Secretary Chairperson ___ day of _____ , 2012. PENN 17, LLC. ATTEST: President Secretary Print Name ___ day of _____ , 201 2. F:\Econ\$AII\Asset\Pennsylvania Ave Garage Leases\Gigi's\Penn 17 LLC 1st Amenment.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 3 415 THIS PAGE INTENTIONALLY LEFT BLANK 416 COMMISSION ITEM SUMMARY Condensed Title: A Resolution accepting the recommendation of the Finance and Citywide Projects Committee at their October 27, 2011 meeting to extend the current management agreement with Greensquare on a month-to-month basis until the new Flamingo Tennis Center is nearing completion and issue a new Tennis Centers Operations and Management Request For Proposals (RFP) in time to have the selected operator in place to coincide with the grand opening of the new Flamingo Park Tennis Center Facility and authorizing the issuance of the above referenced request for proposals as described. Key Intended Outcome Supported: 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 accept the recommendation of the Finance and Citywide Projects Committee to extend the current management agreement with Greensquare until the new Flamingo Tennis Center is nearing completion and issue a new Request For Proposals (RFP) to have the selected operator in place for the grand opening of the new Flamingo Park Tennis Center Facility? Item Summary/Recommendation: This matter was referred by the City Commission to the F&CWPC on July 13, 2011. The current agreement with Greensquare Inc., expires in April, 2012. It has been the Administration's intention to issue an (RFP) in a manner to avoid any break in quality management operations or services at the tennis centers. On October 27, 2011, the Committee discussed the matter. The discussion focused on the timing of the issuance of this RFP, and the anticipated tennis center reconstruction in the near future. The Committee was advised that the construction plan anticipates phasing the work to ensure there are banks of courts available for play to the patrons. However, this goal presents some potentially challenging issues that may benefit from having a management team familiar with the tennis center's patrons and the conditions of the current tennis center and programs. Additionally, because of fewer available tennis courts there is an expected reduction of tennis revenue during the construction period that will impact the tennis centers' management. It is unclear how this may impact the responses to the RFP, including the subsequent negotiations with the selected operator. Following a discussion that included the Committee members, resident tennis players and the Administration, the Committee members recommended that the RFP for the selection of the operator of the City's tennis facilities not be issued at this time, but that the RFP be issued with sufficient time for the selected operator to be able to assume operations of the tennis facilities concurrent with the opening of the renovated Flamingo Park Tennis Center. As such, they recommended the extension of the current Agreement with Greensquare, Inc. on a month-to-month basis until such time as that competitive process is complete. The item was deferred at the January 11, 2012 Commission meeting. Advisory Board Recommendation: I Finance and Citywide Projects Committee on October 27, 2011 Financial Information: Source of Amount Funds: 1 OBPI Total Financial Impact Summary: N/A Ci Clerk's Office Le islative Trackin : Kevin Smith, Director of Parks and Recreation Sign-Offs: Department Director KS MIAMI BEACH 417 Account City Manager JMG ary 2-8-12.doc AGENDA ITEM 81 (_ DATE 2--8'-/'l. .... ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager ~ February 8, 2012 U (._/ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT THEIR OCTOBER 27, 2011 MEETING TO EXTEND THE CURRENT MANAGEMENT AGREEMENT WITH GREENSQUARE ON A MONTH-TO-MONTH BASIS UNTIL SUCH TIME AS THE NEW FLAMINGO TENNIS CENTER IS NEARING COMPLETION AND COORDINATE THE ISSUANCE OF A NEW TENNIS CENTERS OPERATIONS AND MANAGEMENT REQUEST FOR PROPOSALS (RFP) IN A MANNER TO HAVE THE SELECTED OPERA TOR IN PLACE TO COINCIDE WITH THE GRAND OPENING OF THE NEW FLAMINGO PARK TENNIS CENTER FACILITY AND AUTHORIZING THE ISSUANCE OF THE ABOVE REFERENCED REQUEST FOR PROPOSALS AS DESCRIBED. ADMINISTRATION RECOMMENDATION Adopt the Resolution KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs BACKGROUND This matter was referred by the Mayor and Members of the City Commission to the Finance and Citywide Projects Committee at the July 13, 2011 Commission meeting. The current agreement with Greensquare inc., for the management and operations of the City's tennis centers is due to expire in April, 2012. It has been the Administration's intention to issue a Request For Proposals (RFP) in a timely manner to avoid any break in quality operations or services to the City's tennis-playing residents and guests. The RFP is intended to secure a qualified professional management company for the operation of the City's two public tennis facilities, to include the operation at each facility of the tennis courts; pro shop; a food and beverage concession; and other tennis-related operations as approved by the City. Services also include those customarily associated with the operation of a public tennis center, including permitted special events related to the tennis center activities. 418 February 8, 2012 Resolution Extending the Current Tennis Centers Management Agreement Page 2 of 3 The final price and terms for the contracts would be negotiated after the City Commission approves authorization to negotiate with the selected entity. The new management agreement is expected to be for a three (3) year term, with two (2) one-year renewal options at the City's option. Attached, please find a draft of the proposed Scope of Services and Evaluation Criteria for the RFP. ANALYSIS On October 27, 2011, the Finance and Citywide Projects Committee held a 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 Park Tennis Centers". The discussion focused on the issues related to the timing of the issuance of this RFP, taking into consideration that the Flamingo Park Tennis Center was anticipated to be under complete reconstruction in the near future. At the time, the Commission had taken the actions necessary to secure the construction company to provide the GMP pre-construction and construction services for the Flamingo Park Tennis Center project. It was also reported at that time it was anticipated that the demolition and construction of the Flamingo Park Tennis Center would begin in January, 2012. It was further reported that the construction would take approximately one year, with an expected completion date of January, 2013. Since that meeting, this schedule has now been modified with the commission action to award the GMP (Guaranteed Maximum Price) anticipated to be no later than March, 2012 and construction beginning in April, 2012. The Finance and Citywide Projects Committee was also informed that the Flamingo Park Tennis Center construction plan anticipates phasing the work to ensure there are always banks of courts available for play to the patrons. However, the goal of keeping the tennis center open while under construction and continuing to provide quality customer service for our residents and guests presents some potentially challenging issues that may benefit from having a management team familiar with the tennis patrons and the conditions of the current tennis center and programs. Some of these challenges include, but are not limited to: • Anticipated complaints from current tennis center members and guests trying to obtain a court reservation with approximately 50% fewer courts available for play. • Assuring a delicate balance of member play, non-member play, private lesson and clinics, given the reduction of available courts between the Flamingo and North Shore Tennis Centers. • Continue the existing and expand the successful youth programs currently underway. Additionally, as a result of fewer available tennis courts there is an expected negative financial impact to the tennis center and a reduction of tennis revenue during the construction period that will impact the tennis centers' management. It is unclear how this may impact the responses to the RFP, including the subsequent negotiations with the firm awarded the agreement. Following a discussion that included the Committee members, resident tennis players and the Administration, the Committee members recommended extending the current agreement with Greensquare on a month-to-month basis until such time as the new Flamingo Park Tennis Center is nearing completion and at such time coordinate the issuance of the RFP in a manner to have the selected operator in place to coincide with the grand opening of the new facility. The Committee also recommended that an item regarding the creation of a Tennis Advisory Committee be added to a Commission agenda. The October 27, 2011, Finance and Citywide Projects Committee recommendations were included in the December 14, 2011, City Commission agenda, item C6C -Report of The Finance And Citywide Projects Committee On October 27, 2011, and approved by the full Commission. 419 February 8, 2012 Resolution Extending the Current Tennis Centers Management Agreement Page 3 of 3 CONCLUSION Following discussion of the issue at their October 27, 2011 meeting, the Finance and Citywide Projects Committee recommended that the RFP for the selection of the operator of the City's tennis facilities not be issued at this time but, rather, that the RFP be issued with sufficient time for the selected operator to be able to assume operations of the tennis facilities concurrent with the opening of the renovated Flamingo Park Tennis Center. As such, they recommended the extension of the current Agreement with Greensquare, Inc. on a month-to-month basis until such time as that competitive process is complete. JMG/HMF/KS T:\AGENDA\2012\2-8-12\Tennis Centers ManagmentAgreement Extension -Comm Memo 1-11-12.doc 420 DRAFT CITY OF MIAMI BEACH COMPREHENSIVE PROFESSIONAL TENNIS MANAGEMENT AND OPERATIONS SERVICES AT THE CITY'S FLAMINGO AND NORTH SHORE PARK TENNIS CENTERS. SCOPE OF SERVICES A. Premises to be managed: The City-owned Flamingo Tennis Center located at 11th Street and Jefferson Avenue, and the North Shore Tennis Center located at 501 72nd Street, together with all buildings, improvements and fixtures located thereon. B. Services to be provided: Services shall include those customarily associated with the operation of a public tennis center, and permitted special events related to the tennis center activities. Services shall include but not be limited to: • Provide, promote and instruct lessons in the game of tennis by certified and licensed tennis professionals to individuals, groups and clinics. Said services shall offer the tennis patron a choice of instructor levels and hourly fee commensurate with the instructor's level. • Provide the City of Miami Beach Parks and Recreation Programs: two (2) courts at each center twice per week for two (2) hours on a schedule to be determined by the City, to provide free instructional lessons to after school participants, at no cost to the City. • Coach tennis teams sanctioned and approved by the City's Parks and Recreation Department, such services to be provided for a coaching fee or free, depending on mutual advance agreement of the City. • Offer demonstrations and instruction on all aspects of the game of tennis in promotion of the Center. Such demonstrations may be either for a fee or free of charge, depending on mutual advance agreement of the City. • Operate a "pro shop" at each facility, to include providing adequate and appropriate inventory, and commensurate with pro shops at other publicly-owned tennis facilities. • Operate a food and beverage concession at each facility, commensurate with food and beverage concessions at other publicly-owned tennis facilities. • Pursue, Establish and/or manage tournaments, as requested by the City or facility tennis patrons, including participation in establishing specific needs for individual tournaments. • Promote junior tennis by establishing a junior tennis team or league (s). • Provide advice to the City of changes regarding the tennis industry in general, tennis rules and regulations, equipment and promotional methods associated with the operation of public tennis facilities. • Provide Seasonal group clinics to the community. • Provide overall Tennis Center Management in accordance with City directives and policies, including but not limited to: a. Manage and maintain a computerized Tennis Court reservation system to include proper monitoring of court use and court time. b. Daily and routine maintenance of the buildings, facilities/courts/ grounds as determined by the City, and at a level commensurate with other publicly managed tennis facilities. To include, but not limited to: complying with the City's facility and courts' maintenance standards as established by the City and the tennis courts manufacturer's standards and guidelines for hydro-courts or other tennis court systems to be installed; quarterly maintenance inspection by City approved outside independent certified tennis court builder/manufacturer to ensure courts are up to industry standards, such inspections to be paid by the Management Company, for as long as it is required by the City or as necessary to assure consistency by the Management Company; implement any corrective 421 actions when identified. c. Develop and implement ongoing Marketing, promotion and advertising of the City's Tennis Centers to residents, day guests and Miami Beach hotels. d. Develop and Provide summer and specialty camps based on the established Recreation Division format. f. Adhere to all City of Miami Beach established tennis center fees, regulations and rules. g. Hire, train and supervise appropriate staff to support the Tennis Center operations, including, but not limited to: 1) hiring Tennis instruction professionals that possess appropriate licensing and credentials commensurate with tennis instruction professionals employed at other public tennis facilities. ; 2) using certified background investigations, in a format acceptable to the City), for all employee hires; 3) developing a drug screening process and protocol; 4) developing specific job descriptions for the hiring of personnel; 5) ensuring appropriate levels of staffing at all times at the facility; 6) Designated staff will be required to attend industry standard training on court maintenance as mandated by the City and as required; and 7) ensuring all staff is properly identified (uniforms, etc). h. Develop, implement and maintain a revenue collection system and revenue and expense reporting process, to include the provision of monthly and annual financial reporting. C. Fee Structure: The Proposer shall submit their proposed fee structure, including the proposed minimum guarantee and percentage of gross revenues. This fee proposal shall include, as may be· applicable, the corresponding fees for the services to be provided (e.g. pro shop revenues, food and beverage revenues, lesson/program revenues, court usage revenue, etc). Proposers are advised that an escalator on the minimum guarantee (greater of CPI or 3%) will be required. D. Term: Three (3) years, with two (2) one-year extensions on a year to year basis at the City manager's option. Additionally, the City shall have the option to terminate this Agreement at its convenience and without cause and/ or any time at the City's convenience and without cause with sixty (60) days written notice to the Management Company. It shall also be the City's option to suspend the terms and conditions of this Agreement during the period the Flamingo Tennis Center is under construction and resume it when the Center reopens, with no impact to the City or the Management Company. E. Customer Service Standards: City employees have been trained and are expected to perform to the City of Miami Beach's customer service standards. All vendors and contractors that are partnered with the City are also expected to perform and comply with these customer service standards. The customer service standards are provided below and are segmented based on different forms of customer interactions. Information is also provided on how these customer standards are monitored. MINIMUM REQUIREMENTS In order to be deemed qualified for consideration, the proposing Management Company must: 1) Have a minimum of five (5) years of verifiable experience within the last ten ( 1 0) years in the following tennis related fields: a. Management and/or operation of a tennis center of similar quality, facilities and amenities of the Flamingo or North Shore Tennis Centers. b. A minimum of five (5) years of experience within the last ten (10) years in the provision of professional tennis lessons (private, group, and clinic) for youth and adults. The City will require the Head Teaching Professional to be certified Tennis Professional by USPTA and/or USPTR. All assistants must demonstrate a knowledge and experience in tennis instruction and related activities. The Head Tennis Professional and/or Center Manager(s) must demonstrate knowledge and experience in tennis instruction and related activities, facility management, tennis court maintenance and related activities, as well as, knowledge of the legal requirements that are involved in this type of operation. All personnel must be hired according to specific qualification as stated in the Job Descriptions. The Management Company shall provide full resumes of the key personnel assigned to this project and must meet the qualifications stated in said job descriptions. c. Pro shop operations, including scheduling or management of tennis lessons, equipment repairs, 422 food and beverage and merchandise sales. d. Documented evidence of tennis (hard surface and clay) courts maintenance experience and operations. 2) Possess and demonstrate a record of financial responsibility commensurate with the obligations contemplated under this RFP. 3) Possess a competent record of employment or history of contract service in the operation of a similar tennis facility business as verified and supported by references, letters, and other necessary evidence from all employers and/or public agencies, including but not limited to disclosure of all non contract renewal for management and/or operation of tennis facilities. 4) A Performance Bond or irrevocable Letter of Credit in the amount of $50,000 shall be required prior to the final execution of the Agreement. The Performance Bond may be reduced later at City choice. 5) Operating Plan: The Management Company shall describe the operating policies and procedures to be employed by the Management Company. Describe any proposed initiatives which would improve the revenue to the City. The Operating Plan shall at a minimum include the staffing levels, maintenance procedures, operating procedures, maintenance plan, and food and beverage operations. EVALUATION PROCESS The procedure for Proposal evaluation and selection is as follows: 1) Request for Proposals issued. 2) Receipt of proposals. 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 proposal in accordance with the requirements of this RFP. The Management Company may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5) The Evaluation Committee shall recommend to the City Manager the proposal or proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. The Evaluation Committee shall base its recommendations on the following factors, for a total of 1 00 possible points: 1) 2) Fee proposal (35 points) Qualifications of the Management Company and key personnel proposed as part of the Team (25 points). 3) Corporate Responsibility (Community Involvement/Clinics/Tournaments) (10 points) 4) Strengh and Sustainability of the Operating Plan (15 points). 5) Interview of management company key personnel (5 points). 6) Past Performances based on number and quality of the Performance Evaluation Surveys (10 points). 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. 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 the 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. Negotiations between the selected respondent and the City take place to arrive at agreement terms. If the City Commission has so directed, the City may proceed to negotiate an agreement with a respondent other than the top ranked respondent if the negotiations with the top ranked respondent fail to produce a mutually acceptable agreement within a reasonable period of time. 423 A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected respondent(s) has (or have) done so. 424 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS OCTOBER 27, 2011 MEETING, TO EXTEND THE CURRENT MANAGEMENT AGREEMENT WITH GREENSQUARE, ON A MONTH-TO-MONTH BASIS, UNTIL SUCH TIME AS THE NEW FLAMINGO PARK TENNIS CENTER IS NEARING COMPLETION, AND COORDINATE THE ISSUANCE OF A TENNIS CENTER(S) OPERATION AND MANAGEMENT AGREEMENT REQUEST FOR PROPOSALS (RFP) IN A MANNER TO HAVE THE SELECTED OPERATOR IN PLACE TO COINCIDE WITH THE GRAND OPENING OF THE NEW FLAMINGO PARK TENNIS CENTER FACILITY, AND AUTHORIZING THE ISSUANCE OF THE ABOVE REFERENCED REQUEST FOR PROPOSALS, AS DESCRIBED. WHEREAS, this matter was referred by the Mayor and Members of the City Commission to the Finance and Citywide Projects Committee at the July 13, 2011 City Commission meeting; and WHEREAS, the current Agreement with Greensquare Inc., for the management and operation of the City's tennis centers, is due to expire in April, 2012, and it has been the Administration's intention to issue a Request For Proposals (RFP) in a timely manner to avoid any break in operations or services to the City's tennis-playing residents and guests; and WHEREAS, the RFP is intended to secure a qualified professional management company for the operation of the City's two (2) public tennis facilities, to include the operation at each facility of the tennis courts; pro shop; a food and beverage concession; other tennis-related operations, as approved by the City; and services also customarily associated with the operation of a public tennis center, including permitted special events related to the tennis center activities; and WHEREAS, the final price and terms would be negotiated after the City Commission approves authorization to negotiate with the selected entity; the new management agreement is expected to be for a three (3) year term, with two (2) one-year renewal options, at the City's option; and WHEREAS, on October 27, 2011, the Finance and Citywide Projects Committee held a 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 Park Tennis Centers"; and WHEREAS, the Finance and Citywide Projects Committee was also informed that the Flamingo Park Tennis Center construction plan anticipates phasing the work to ensure there are always banks of courts available for play; and WHEREAS, the Committee members recommended extending the current Agreement with Greensquare on a month-to-month basis, until such time as the new Flamingo Park Tennis Center is nearing completion and, at such time, coordinate the issuance of the new RFP in a manner to have the selected operator in place to coincide with the grand opening of the new facility; and 425 WHEREAS, following discussion of the issue at its October 27, 2011 meeting, the Finance and Citywide Projects Committee recommended that the RFP for the selection of the operator of the City's tennis facilities be issued with sufficient time for the selected operator to be able to assume operations of the tennis facilities concurrent with the opening of the renovated Flamingo Park Tennis Center; and WHEREAS, as such, the Committee recommended the extension of the current Agreement with Greensquare, Inc., on a month-to-month basis, until such time as the RFP process is complete. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Mayor and City Commission hereby accept the recommendation of the Finance and Citywide Projects Committee at its October 27, 2011 meeting, to extend the current Management Agreement with Greensquare, on a month-to-month basis, until such time as the new Flamingo Park Tennis Center is nearing completion, and coordinate the issuance of a tennis center(s) operation and management agreement Request for Proposals (RFP) in a manner to have the selected operator in place to coincide with the grand opening of the new Flamingo Park Tennis Center facility, and authorizing the issuance of the above referenced Request For Proposals, as described. PASSED AND ADOPTED this ___ day of------2012. ATTEST: CITY CLERK MAYOR 426 APPROVED AS TO FORM & LANGUAGE & Fn~ EXECUTION ~~L/W- COMMISSION ITEM SUMMARY Condensed Title: A Resolution following a duly notice Public Hearing, approving the substantive terms of a Lease Agreement between the City and South Florida Salon Group, Inc. (SFSG), for use of 1 ,327 SF of City-owned property located at 1701 Meridian Avenue, Unit 1 (a/k/a 765 1 ih Street), for a term of five {5) years, with one ( 1) additional renewal term of four (4) years and 364 days; and, waiving by 5/ihs vote the competitive bidding requirements as required by Section 82-39 of the City Code; and authorizing the Administration to negotiate a final Lease Agreement for execution by the Mayor and City Clerk Key Intended Outcome Supported: Increase resident satisfaction with the 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 grou!2_ would recommend Miami Beach as a _Qiace to do business. Issue: I Should the City Commission approve the lease agreement? Item Summa /Recommendation: On November 16, 2011, Koniver Stern Group, the City's contracted real estate broker, presented the City with a Letter of Intent (LOI) on behalf of the South Florida Salon Group, Inc., (SFSG) for use of approximately 1,327 square feet of City- owned space located at 1701 Meridian Avenue, Unit 1 (Unit 1 ), formerly occupied by Leonardo's Hair Salon which is currently vacant and available. SFSG'S proposal which was submitted to the Finance and Citywide Projects Committee (FCWPC) at its January 19, 2012 meeting, offered a rate of $46.00 per square foot for the space. However, shortly before the Committee meeting, the City's Broker received an offer from Massage Partners, the current tenant of the adjacent Unit 2, operating as a Massage Envy franchise, of $50/sf, which exceeded SFSG's proposal. The FCWPC asked the City's Broker to gather further information, continue negotiations with both parties, and bring back the best possible proposal for_ consideration and approval by the City Commission. Following this development, SFSG submitted a new LOI, increasing its proposed rent to $51.00 per square foot. SFSG is also planning significant renovations to upgrade the current condition of the space and is currently in the process of obtaining bids for construction of tenant improvements. While both competing proposals are acceptable, the City's Broker recommends proceeding with SFSG's proposal, generally outlined as follows: • Square Footage: 1 ,327 square feet • Term: Five (5) years, with one additional renewal term of four (4) years and 364 days • Rent: $51.00 PSF, plus 3% annual increases • Pre-paid Rent: One (1) month due upon execution • Security Deposit: Six (6) months rent due upon execution • Rent Commencement: Ninety (90) day from execution • Construction Escrow: Construction funds based on final contract amount to be deposited in Escrow Section 82-39 provides for the waiver of the competitive bidding requirements, by 5/7ths vote of the Mayor and City Commission, upon a finding by the Mayor and City Commission that the public interest would be served by waiving such conditions. It is recommended that the Ma or and Commission a rove the ro osed lease er the ne otiated terms. 19,2012 Financial Information: Source of Funds: I I Amount I Account n/a lr1~~~-n~ffi------~1r-------------------------------------------~ Financial Impact Summary: Ci Clerk's Office Le islative Trackin Si n-Offs: Anna Parekh, Department Director AP ___ _ T:\AGENDA\2012\Feb 8\Regular\777 Retail Lease Summ.doc MIAMI BEACH 427 AGENDA ITEM --.~-B::.....:l~D.:;...__ DATE __:::2...;....-..::.)/_.-/....,2.::;.__ ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, city Managern---/. February 8, 2012 U A RESOLUTION OF THE MAYO D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING FOLLOWING A DULY NOTICED PUBLIC HEARING, THE SUBSTANTIVE TERMS OF A LEASE AGREEMENT BETWEEN THE CITY AND SOUTH FLORIDA SALON GROUP, INC., FOR USE OF APPROXIMATELY 1,327 SQUARE FEET OF CITY-OWNED PROPERTY, LOCATED AT 1701 MERIDIAN AVENUE, UNIT 1 (A/KIA 76517TH STREET), MIAMI BEACH, FLORIDA; SAID LEASE HAVING AN INITIAL TERM OF FIVE (5) YEARS, WITH ONE ADDITIONAL FOUR (4) YEAR AND 364 DAY RENEWAL TERM, AT THE CITY'S SOLE DISCRETION; AND, WAIVING BY 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENTS, AS REQUIRED BY SECTION 82-39 (a) OF THE MIAMI BEACH CITY CODE; FURTHER AUTHORIZING THE CITY ADMINISTRATION TO NEGOTIATE A FINAL LEASE AGREEMENT, BASED UPON THE SUBSTANTIVE TERMS APPROVED HEREIN, AND IF SUCCESSFUL, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE LEASE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOMES SUPPORTED Increase resident satisfaction with the level of services and facilities. BACKGROUND On October 17, 2001, the City Commission passed Resolution No. 2001-24661 authorizing the purchase of the building at 1701 Meridian Avenue (a. k.a. 777 Building) in order to address the City's ongoing need for administrative office space expansion. At the time, the preservation of a retail environment on the ground floor of the property was considered and it was determined that retention of the retail space was conducive to maintaining and enhancing the pedestrian character of the linkage between Lincoln Road Mall and the Civic/Convention Center area. At the October 21, 2008 meeting of the Finance & Citywide Projects Committee (F&CPC), and subsequently at their meeting of March 10, 2009, and following a comprehensive review of the City's office space use, the Committee agreed with City staff's recommendation that usage of the ground floor of 1701 Meridian Avenue Building remain a primary use for commercial retail space. Additionally, the Committee recommended that any commercial leases (including renewals and/or extensions) for use of space at the Building be handled as it is in the private sector and not through a competitive bid process 428 Commission Memorandum South Florida Salon Group, Inc. February 8, 2012 Page 2 of4 On November 16, 2011, Koniver Stern Group, the City's contracted real estate broker, presented the City with a Letter of Intent (LOI) on behalf of the South Florida Salon Group, Inc., (SFSG) for use of approximately 1 ,327 square feet of City-owned space located at 1701 Meridian Avenue, Unit 1 (Unit 1 ), formerly occupied by Leonardo's Hair Salon, which is currently vacant and available. SFSG is proposing to introduce a relatively new and exciting concept taking hold in many retail markets throughout California, New York, Arizona, Texas, Atlanta and Miami in the form of a blow-dry hair salon. As the name implies, the facility would offer an attractively affordable fixed-price menu of blow-dry hair styling options as well as manicuring services. A concept rendering of the proposed space as well as an estimate for the design and construction are included as Exhibit A to this memorandum. In addition to SFSG, the City received inquiries about the availability of the space from Massage Partners, the current adjacent tenant of Unit 2, currently operating as a Massage Envy franchise, who wishes to expand its current leased space, as well as introduce certain services currently not included in its franchise agreement. The terms proposed by Massage Partners, which originally included amending the existing lease to incorporate additional square footage, were deemed not favorable to the City because the initially proposed rent was below the market rate, and because the overall proposal did not include a security deposit. Furthermore, the City's existing lease with Massage Partners specifically states that Massage Partners' Demised Premises shall be used by the Tenant only for the purpose(s) of providing therapeutic massage services, facials, and any other products or services authorized pursuant to Tenant's franchise agreement, dated June 2, 201 0. The Franchise Agreement was attached as an exhibit to the lease for Unit 2. The lease for Unit 2 also states that any additional uses shall be subject to the prior written approval of the City Manager, in his sole and reasonable discretion. While Massage Partners has remained interested in the vacant Unit 1 retail space, and has consistently altered its proposal, and even verbally offered to exceed the rent proposed in good faith by South Florida Salon Group, as presented to the Finance & Citywide Projects Committing (FCWPC) during its January 19, 2012 meeting, the City's broker advises that securing a diverse tenant mix would protect the City further, as compared to leasing out this space to the adjacent tenant and thereby having one tenant control two of four retail spaces. ANALYSIS SFSG'S initial proposal, submitted to the FCWPC at its meeting on January 19, 2012, offered a rate of $46.00 per square foot for the space. However, shortly before the Committee meeting, the City's Broker received an offer from Massage Envy of $50/sf, which exceeded SFSG's proposal. The FCWPC asked the City's Broker to gather further information and to continue negotiations with both parties, in order bring back the best possible proposal for consideration and approval by the City Commission. Following this development, SFSG proposed to increase its rent to $51.00 per square foot. SFSG is also planning significant renovations to upgrade the current condition of the space and is currently in the process of obtaining bids for architectural services. The proposed budget for tenant improvements is under development but is currently estimated at approximately $138,000 for the design and build-out of the space. This proposed budget far exceeds the ninety (90) day tenant improvement rent credit proposed and outlined below. Currently, we have two competing LOis for the use of Unit 1. While the Administration recommends acceptance of the proposal by South Florida Salon Group (SFSG), the terms proposed by Massage Envy, as well as by SFSG are outlined below for the Commission's consideration. 429 Commission Memorandum South Florida Salon Group, Inc. February 8, 2012 Page 3 of4 Tenant: Use: Term: Rent: Increases: Lease Commencement: Rent Commencement: Condition of Delivery: Prepaid Rent: Minimum Security Deposit: Construction Escrow: Early Termination: Guaranty: RECOMMENDATION MASSAGE ENVY SOUTH FLORIDA SALON GROUP Spa/salon Blow Dry Salon 5 yrs + 4 yrs 364 days 5 yrs + 4 yrs 364 days $50/sf $51/sf 3% per year 3% per year Lease execution Lease execution Earlier of 90 days from Landlord's 90 days from Landlord's delivery delivery; or the date Tenant opens for business As-is As-is One month's rent due upon Lease One month's rent due upon Lease execution execution Two months rent Six months rent N/A Construction funds to be deposited into the tenant's attorney's escrow account to securitize construction. To be based upon General Contractor's final contract. N/A N/A Personal guarantee by principal(s) and N/A their respective spouses, of the business corporation with the same terms as in the adjacent leased space. The rent and uses proposed by both prospective tenants are relatively comparable. However, and despite Massage Envy's continued verbal offers to further negotiate, in light of our broker's recommendation to minimize the City's risk by not having one single tenant control two of the four spaces within one building, as well as due to the other, below described considerations, the Administration recommends approval of South Florida Salon Group's proposal to lease Unit 1. Other matters considered by the Administration prior to this recommendation were: 430 Commission Memorandum South Florida Salon Group, Inc. February 8, 2012 Page 4 of4 • SFSG has consistently presented written offers for market, and then above-market terms, for the use of the space • SFSG has produced professional renderings and estimates for the intended improvements and presents a well-thought out use of space • SFSG proposes to greatly exceed the security deposit proposed by Massage Envy • SFSG proposes to post a construction escrow account to securitize construction • Massage Envy, as a franchisee, is not permitted by its master franchisor to utilize the proposed space for spa/salon services. While the City would entertain such use if the franchisor agreed to such use/services, or if a separate corporate entity were established for purposes of leasing Unit 1, there is neither any guarantee that such approval would be granted by the master franchisor, nor a proposed time frame within which such written approval would be produced, nor has a separate corporate entity been established by the principals of Massage Envy for such purposes. CONCLUSION Section 82-37 (b) of the Miami Beach City Code, governing the sale/lease of public property, provides that the lease of any City-owned property for a term of ten years or less (including option periods}, requires the following: (1) The proposed lease shall be transmitted by the city manager (without the need for referral by the city commission) to the finance and citywide projects committee, for its review: and (2) The city commission may approve the lease on one reading, which shall be accompanied by a public hearing, which may be set by the city manager and shall be advertised not less than seven days prior to said hearing, in order to obtain citizens input into the proposed lease. Furthermore, pursuant to Section 82-39 (a) of the Miami Beach Code, for sale or leases of City property, the conditions of the public bidding process may be waived by a five-sevenths vote of the City Commission, upon a finding by the City Commission that the public interest would be served by waiving such conditions. The proposed lease terms are within the range of comparable spaces in the area, and reflect the current economic reality. The recommended Tenant's use is consistent with prior uses on the ground floor of the building and the surrounding commercial area. After compliance with Code provisions and having considered all relevant information, the Administration recommends that a lease agreement with South Florida Salon Group, for use of the ground floor commercial retail space known as Unit 1, with the proposed terms as delineated herein, be approved. Additionally, the Administration recommends that the City Commission waive by 5/?ths vote, the competitive bidding requirement, as required by Section 82-39 of the Miami Beach City Code. JMG/HMF/AP/KOB T:\AGENDA\2012\Feb 8\Regular\777 Retail Lease Memo.doc 431 RESOLUTION NO. ________ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING FOLLOWING A DULY NOTICED PUBLIC HEARING, THE SUBSTANTIVE TERMS OF A LEASE AGREEMENT BETWEEN THE CITY AND SOUTH FLORIDA SALON GROUP, INC., FOR USE OF APPROXIMATELY 1,327 SQUARE FEET OF CITY-OWNED PROPERTY, LOCATED AT 1701 MERIDIAN AVENUE, UNIT 1 (A/KIA 765 17TH STREET), MIAMI BEACH, FLORIDA; SAID LEASE HAVING AN INITIAL TERM OF FIVE (5) YEARS, WITH ONE ADDITIONAL FOUR (4) YEAR AND 364 DAY RENEWAL TERM, AT THE CITY'S SOLE DISCRETION; AND, WAIVING BY 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENTS, AS REQUIRED BY SECTION 82-39 (b) OF THE MIAMI BEACH CITY CODE; FURTHER AUTHORIZING THE CITY ADMINISTRATION TO NEGOTIATE A FINAL LEASE AGREEMENT, BASED UPON THE SUBSTANTIVE TERMS APPROVED HEREIN, AND IF SUCCESSFUL, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE LEASE. WHEREAS, on October 17, 2001, the City Commission adopted Resolution No. 2001-24661, authorizing the purchase of 1701 Meridian Avenue Building (a/kla 777 Building) with the intention of preserving the retail environment on the ground floor of the property; and WHEREAS, on March 10, 2009, the Finance & Citywide Projects Committee (FCWPC) recommended that any commercial leases (including renewals and/or extensions) for use of space at the Building be handled as it is in the private sector and not through a competitive bid process; and WHEREAS, on November 16, 2011, Koniver Stern Group, the City's contracted real estate broker, presented the City with a Letter of Intent (LOI) on behalf of the South Florida Salon Group, Inc., (SFSG) for use of approximately 1,327 square feet of City-owned space located at 1701 Meridian Avenue, Unit 1 (Unit 1), formerly occupied by Leonardo's Hair Salon which is currently vacant and available; and WHEREAS, SFSG'S initial proposal and a competing offer were submitted to the FCWPC at its meeting on January 19, 2012; and WHEREAS, the FCWPC asked the Administration and the City's Broker to gather further information and to continue negotiations with both parties, in order bring back the best possible proposal for consideration and approval by the City Commission; and 432 WHEREAS, after careful deliberation, an evaluation of both proposals, and consideration of the City's Broker's advice that securing a diverse tenant mix will best protect the City, the Administration recommends approval of SFSG' proposal, as revised, and attached as Exhibit "A" hereto. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve, following a duly noticed public hearing, the substantive terms of a Lease Agreement between the City and South Florida Salon Group, Inc., for use of approximately 1 ,327 square feet of City-owned property, located at 1701 Meridian Avenue, Unit 1 (a/kla 765 1ih Street), Miami Beach, Florida, for an initial term offive (5) years, with one additional renewal term of four (4) years and 364 days, at the City's sole discretion; waiving by 5nths vote, the competitive bidding requirements, as required by sections 82-39 (b) of the Miami Beach City Code; and further authorizing the City Administration to negotiate a final Lease Agreement, based upon the substantive terms approved herein, and if successful, authorizing the Mayor and City Clerk to execute the Lease. PASSED and ADOPTED this ath day of February, 2012. ATTEST: Robert Parcher, CITY CLERK JMG\HMF\AP\KOB T:\Agenda\2012\Feb 8\Regular\777 Retail Lease Reso.doc 433 Matti Herrera Bower, MAYOR NIPROVED AS TO F1JrtM & LANGUAGE .WOR EXECUTION ~--\ ... \1..., Date ATTACHMENT "A" SOUTH FLORIDA SALON GROUP, INC. CONCEPT RENDERINGS & INITIAL COST ESTIMATES 434 0 g E < c ~ .vn Ol~ 435 EXHIBIT A ~ & 0 E < j ~ 1- <I > Ill _J Ill I 1- ll () z .... alJ 5> II ~ ~ w _, <( (.) "' N s ~ 1- ~ Ill ~ _J Ill II I ~ 1- ::l w () _, <( d) (.) "' X N 0 .... 436 r ----------------------------------------..., ' ' ' ' ' ' ' 0 0 I 1 ------------------- I I l ---------------------------- I-- r--- ---- ' ' ' ' 0 q --- L J ' ' ' ' ' ' ' ' '-----------------------------------------...J r------------ a ' ' ' a ' a ' d ' __________________________________________________ J 0 0 [£ - r- 0 0 I 0 0 If 0 0 437 FHL DESIGN I ARRIAGA llC INTERIOR DESIGN & DECOR January 10, 2012 Client: Omid Lari---Salon Location: 765 17th Street Miami Beach, FL 33139 The following estimates are for the design and construction based on the Architectural drawings provided. 1. Designer: 20% of all construction/ design costs. 2. Drawings/Shop Drawings by contracted Architect: $6,000 3. Permit Fees: -Master Permit includes all works to be addressed: $2,000 4. Contractual agreement for all carpentry, millwork, flooring, paint and all other works as specified on drawings. -Carpentry/flooring: $15,000 -Millwork/workstations: $15,000 -Paint: $6,500 -Marble Countertops: $10,000 5. Contractual agreement to do all electrical works as specified on drawings. -Electrical and Lighting: $10,000 6. Contractual agreement to do all plumbing as specified on drawings. -Bathrooms and working stations: $10,000 438 Total contractual budget agreement: $74,500-includes all construction layout/design as per drawings $40,000-allocated for furnishings $22,900-20% designer fee $137,400 TOTAL ESTIMATED COST* *All figures are estimates of projected costs to reflect budget and visionary standpoint. Final figures and detailed estimates to be presented with final contractual agreement. 439 tc. MIAMIBEACH -=- CITY OF MIAMI BEACH PUBLIC HEARING NOTICE IS HEREBY GIVEN that a first and final hearing will be held by the City Commission of the City of Miami Beach on WEDNESDAY, February 8, 2012 at 10:40 A.M .. or as soon thereafter as possible in the City Commission Chambers, Third Floor, City Hall, located at 1700 Convention Center Drive, Miami Betach, Florida 33139 to consider: Approving on Rrst and Final Reading, a Lease Agreement between the City and South Florida Salon Group, Inc., for use of approximately 1 ,327 square feet of city-owned property,Jocated at 1701 Meridian Avenue, Unit 1 (AKA 765 17lh Street), Miami Beach, Florida; said Lease having an initial term of five (5) years, with one additional term of four (4) years and 364 days at the City's sole discretion. InqUiries may be directed to the Real Estate, Housing & Community Develqpment Department (305) 673-7260. All 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 Planning Department, 1700 Convention Center . Drive, City Hall, Miami Beach, Florida 33139. Copies of the proposed amendments are available in the Planning.Department. · · Pursuant to Florida Stat. 286,0105, the City hereby advises the public that if a .person decides to appeal any decision made by the Planning Board 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 .must include the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otheJWise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding -~hould contact the Board's Administrator no later than four days prior to the proceeding at {305) 673-7550. for assistance; if hearing impaired, telephone the Florida Relay Service numbers, (305) 673-7218 or 711, for assistance. AD #691 SB 440 COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving a three (3) year extension of the towing permits with Beach Towing Services, Inc., and Tremont Towing Services, Inc., respectively, commencing on March 1, 2012, and terminating on February 28, 2015; approving an amendment to the maximum allowable towing rates; approving the second amendment to the Administrative Rules and Regulations for Police and Parking Department Towing Permits; and as a further condition of approval of this Resolution and issuance of a Permit, that Beach Towing Services, Inc., as the Petitioner of those certain lawsuits filed against the City, dismiss such actions with prejudice. Key Intended Outcome Supported: Increase community satisfaction with City Services. Supporting Data {Surveys, Environmental Scan, etc.): 74% of residents and 72% of businesses rate the availability of parking across the City as too little or much too little. Availability of parking was one of the changes residents identified to make Miami Beach a better to live, work or play. Issue: Shall the Mayor and City Commission approve: ( 1) a three year extension of the towing permit with Beach Towing and Tremont Towing, respectively; (2) an amendment to the maximum allowable towing rates; and (3) Amendment No.2 to the Administrative Rules and Regulations for Police and Parking Department Towing Permits? Item Summary/Recommendation: Should the Mayor and Commission feel satisfied with the towing Permittees proposed rate increase and acceptance of certain of amendments to the rules and regulations for the towing permits, then approval of the attached resolution is in order. Provide direction to the Administration. Advisory Board Recommendation: On January 19, 2012, the Finance and Citywide Projects Committee (FCWPC), approved the following: (1) three (3) year extension of the towing permits, commencing March 1, 2012 through February 28, 2015; (2) an amendment to the maximum allowable towing rates; and (3) Amendment to the Administrative Rules and Regulations for the Police and Parking Department Towing Permits. Financial Information: Source of Amount Account Funds: 1 2 I I 3 4 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Saul Frances, extension 6483 Si n-Offs: Department Director SF JGG T:\AGENDA\2012\Feb082012\TowPermitAdmRulesRegsAmendNo2Feb082012.sum.doc C9 MIAMI BEACH 441 AGENDA ITEM R l E DATE ;).-8'-l 2- MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM, City Manager Jorge M. Gonzalez ~r ~~ DATE: February 8, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ISSUANCE OF TOWING PERMITS TO BEACH TOWING SERVICES, INC., AND TREMONT TOWING SERVICES, INC.; SAID PERMIT TERMS COMMENCING ON MARCH 1, 2012, AND EXPIRING ON FEBRUARY 28, 2015; AND FURTHER, IN CONJUNCTION THEREWITH, APPROVING AMENDMENT NO. 2 TO THE ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE AND PARKING TOWING PERMITS; SAID AMENDMENT PROVIDING, AMONG OTHER THINGS, FOR AN INCREASE TO THE PERMIT FEES AND CERTAIN MAXIMUM ALLOWABLE TOWING RATES; PROVIDING FOR CERTAIN ENHANCEMENTS, PUBLIC BENEFITS, AND OTHER ADDITIONAL CONDITIONS AND REQUIREMENTS, AS REQUESTED BY THE CITY AND SET FORTH IN THIS RESOLUTION, AND ALL OF WHICH SHALL BE PROVIDED BY PERMITTEES IN THE MANNER PRESCRIBED BY, AND WITHIN THE TIMEFRAMES OUTLINED IN AMENDMENT NO. 2, AS A CONDITION OF THE CITY'S APPROVAL OF THIS RESOLUTION AND AS CONSIDERATION FOR THE CITY'S ISSUANCE OF THE PERMITS; AND ALSO, PROVIDING, AS A FURTHER CONDITION OF APPROVAL OF THIS RESOLUTION AND CONSIDERATION FOR ISSUANCE OF THE PERMITS, THAT BEACH TOWING SERVICES, INC., ON BEHALF OF ITSELF AND INCLUDING ALL RELATED PERSONS AND ENTITIES, AS THE PLAINTIFF AND PETITIONER IN THOSE CERTAIN LAWSUITS FILED AGAINST THE CITY (AS SUCH LAWSUITS ARE SET FORTH IN THIS RESOLUTION}, DISMISS WITH PREJUDICE SUCH ACTIONS THAT REMAIN PENDING WITH PREJUDICE, AND TO EXECUTE A COVENANT NOT TO SUE, IN A FORM ACCEPT ABLE TO THE CITY ATTORNEY, IN ANY ADMINISTRATIVE OR JUDICIAL ACTIONS, FOR ITSELF AND ALL PERSONS OR ENTITIES RELATED TO IT, AND NOT TO SOLICIT OR ENCOURAGE THE FILING BY ANY OTHER PERSON OR ENTITY, OF ADMINISTRATIVE OR JUDICIAL ACTIONS, CLAIMS OR ISSUES THAT WERE OR COULD HAVE BEEN RAISED IN THESE CASES. ADMINISTRATION RECOMMENDATION Provide direction to the Administration. 442 February 8, 2012 Commission Memorandum Towing Permit Extension/Amendment No. 2 Page 2 of9 ANALYSIS The Finance and Citywide Projects Committee discussed the police permit issues at their December 27, 2011 and January 19, 2012 meetings. The FCWPC directed the Administration to bring back the item to City Commission Meeting on February 8, 2012. The Administration conducted extensive analyses as directed by the FCWPC, and met with representatives of Tremont and Beach Towing (the Permittees) on January 6, 2012, January 10, 2012, January 13, 2012. Both Permittees conducted their own analysis as well and provided it to the FCWPC (see Exhibit 1 -Permittees Analysis of Towing Rates). The FCWPC discussed the following items at length during its meetings on December27, 2011, and January 19, 2012; received input from the Permittees and residents. On January 19, 2012, the FCWPC approved to recommend the issuance of new towing permits to Permittees, subject to the following amendments to the Administrative Rules and Regulations for Police and Parking Towing Permits. I. PUBLIC BENEFITS AND ADDITIONAL ENHANCEMENTS A. Resident Discounts for Public Tows • Twenty percent (20%) discount to Miami Beach residents for public tows only. • Discount may be applied two (2) times per year, per resident, per Permittee. This equates to four ( 4) benefits annually. The benefit resets each year; therefore, the resident receives the benefit annually for as long as the Permit is in effect. Permittee will track issuance of discounts to residents, annually. • Residents must provide proof of residency within the City limits, and their driver's license information must match with the vehicle registration information. • 20% discount would also be applicable to all charges including the City's Fee. B. Permittees agreed to develop a formal "internal review" process to address citizen complaints. This has not been developed as of the writing of this memorandum. Should the Commission adopt the FCWPC recommendation, the Administration will continue to pursue this issue with the Permittees. II. MAXIMUM ALLOWABLE TOWING RATES At the December 6, 2011, FCWPC Meeting, the Permittees jointly provided an analysis of the Maximum Allowable Towing Rates. The analysis alleged that the current towing rates are inadequate, since they have not been increased since 2004. The analysis suggested that a CPI (Consumer Price Index) of three percent (3%) should be applied to certain towing rates. The CPI Index analysis is addressed in Section Ill of this report. At the direction of the FCWPC on December 27th, 2011 the Administration updated its own research of towing rates in comparable jurisdictions, and also received data from the Permittees regarding towing rates from other jurisdictions. The table below has been updated as per discussions with the Permittees; however, this analysis reflects a single tow under a specific set of assumptions. The Permittees presented to the FCWPC a presentation based on the City's data to highlight their position. Maximum Allowable Towing Rates in Florida-The Average Tow Fee (ATF) is the mode value (value that occurs most often) for Miami Beach and it includes fees assessed to the most common type oftow (Class A Tow). Please note that the Average Tow Fee (ATF) includes a Class "A" Tow 443 February 8, 2012 Commission Memorandum Towing Permit Extension/Amendment No. 2 Page 3 of9 Fee; Administrative Fee; Mileage one (1) mile; Labor; and After Hours Fee. Also, please note that the Permittees presented certain fees that are applicable in the jurisdictions they researched; however, these certain fees are not applicable to the mode value tow described in the examples below. Total Cities in Florida ATF* Class A Bal Harbor $223.00 $115.00 Fort Lauderdale (4) $159.80 $100.00 Jacksonville $204.03 $106.02 Key West $226.75 $135.00 Miami-Dade $161.25 $104.00 (8) MPA $176.00 $118.00 Orlando $144.00 $125.00 Surfside (5) $205.00 $115.00 West Palm Beach $228.00 $130.00 Palm Beach County $237.00 $156.00 Hillsborough County $264.00 $115.00 Broward County $192.50 $105.00 St. Lucie County $198.00 $100.00 Indian River County $208.50 $119.00 Monroe County $271.75 $135.00 CMB (CURRENT) $205.00 $115.00 Average $206.54 $118.31 Permittees' proposed rates applied to an average tow 2012 $241.00 $140.00 2013 $259.00 $150.00 2014 $269.00 $155.00 (1) City Fee is included in the Class A fee (2) Adm Fee is $63. 16 applied after 72 hours (3) Adm Fee is $50.00 applied after 48 hours (4) Permit Fee is annual/per zone (5) CMB Towing Permit Piggyback Adm Fee $40.00 $30.00 $0.00 $25.00 $30.00 $30.00 $0.00 $30.00 $60.00 $0.00 $75.00 $30.00 $35.00 $34.00 $25.00 $30.00 $29.63 $35.00 $41.00 $44.00 (6) Adm Fee applied per notification after 24 hrs Mile~e $3.00 $4.80 (2) $3.04 (7) $3.00 $3.00 $5.00 (3) $4.00 $5.00 $5.00 (9) $7.00 $4.00 (6) $0.00 $3.00 (6) $3.00 (7) $3.00 $5.00 $3.80 $6.00 $6.00 $7.00 (7) Adm Fee applied per notification after 24 hrs and up to $135 (8) Includes $3.00 Fuel Surcharge (9) $50 Adm Lien Fee after 24 hours Labor per 15 After min Hours City Fee $25.00 $0.00 $40.00 $25.00 $0.00 $0.00 (1) $22.72 $57.25 $15.00 $33.75 $30.00 $0.00 $24.25 $0.00 $0.00 $23.00 $0.00 $26.00 (1) $15.00 $0.00 $0.00 $25.00 $30.00 $40.00 (1) $33.00 $0.00 $0.00 $39.00 $35.00 $0.00 $20.00 $50.00 $0.00 $27.50 $0.00 $30.00 $25.00 $35.00 $0.00 $12.50 $40.00 $0.00 $33.75 $75.00 $0.00 $25.00 $30.00 $25.00 (1) $25.59 $23.89 $11.00 $30.00 $30.00 $30.00 $32.00 $30.00 $35.00 $33.00 $30.00 $40.00 It should be noted that at the January 19, 2012, FCWPC meeting, the Permittees presented the following alternate proposal for increasing the maximum allowable towing rates. This proposal reduces the initial 14 categories suggested to be increased down to 6 categories with rate increases. 444 February 8, 2012 Commission Memorandum Towing Permit Extension/Amendment No. 2 Page 4 of9 1. Storage Outside-Exterior: Any vehicle less than 20feet in length and 8 feet in width: $25.00 $30.00, effective as of January 1, 2012 $36.00, effective as of January 1, 2014 2. Tow Rate Class "A" Tow Truck and Class "A" Car Carrier, including: $115.00 $140~00, effective as of January 1. 2012 $150.00, effective as of January 1, 2013 $155.00, effective as of January 1, 2014 3. Special and additional charges Mileage charges (per mile): Maximum per tow: $§.:00 $6.00, effective as of January 1, 2012 $7.00, effective as of January 1, 2014 $35.00 $42.00, effective as of January 1, 2012 $49.00, effective as of January 1, 2014 4. Administrative Fee (Maximum per tow): $30.00 $35.00, effective as of January 1, 2012 $41.00, effective as of January 1, 2013 $44.00. effective as of January 1, 2014 5. Dollies or Flatbed Services (per job): $35.00 $40.00, effective as of January 1, 2012 $47.00, effective as of January 1, 2013 $50.00, effective as of January 1, 2014 6. Labor to Engage/Tow: This is not an automatic fee and may only be imposed when access to enter the vehicle is required to properly engage/tow vehicle. AFTER HOURS FEE $25.00 $30.00, effective as of January 1, 2012 $32.00, effective as of January 1, 2013 $33.00. effective as of January 1, 2014 The After Hours Fee is a fee assessed to tows that are retrieved between the hours of 8:00P.M. and 8:00A.M. The After Hours Fees was approved by the Transportation and Parking Committee on January 5, 2004; it is subsequently referenced in the January 14, 2004, Commission Memorandum; and Handout Reference Material LTC No. 006-2004, entitled, Miami-Dade County Maximum Allowable Towing Rates issued January 13, 2004; however, the After Hours Fee language was inadvertently excluded from the towing permits. The After Hours Fee is now included in the Administrative Rules and Regulations of the towing permits. Based on the example above, the Permittees have proposed a rate increase that will raise the average tow fee to $269.00 over a three (3) year period. This represents a 31% increase over the current Average Tow Fee. The Class "A" Tow Fee (the most common type of tow) is proposed by the Permittees to increase from $115, over the three year period, to $155; or an increase of 35% over the current rate. The 445 February 8, 2012 Commission Memorandum Towing Permit Extension/Amendment No. 2 Page 5 of9 Permittees have also proposed to increase the City's fee, which they collect for the municipality, from the current $25 per tow, to $30 per tow in year one; $35 in year two; and up to a maximum of $40 in year three. It is important to note that for public tows, in addition to the tow fees incurred, a parking citation also accompanies the tow fee. Parking citation fines for towable infractions ranges between $23.00 and $250.00. The only notable exception is for vehicles that have an impound order for outstanding citations, and even under those circumstances all outstanding citations must be paid in order to retrieve the vehicle. Ill. CONSUMER PRICE INDEX (CPI) The Administration conducted its own indexing analysis utilizing CPI for the Miami-Fort Lauderdale area. Upon comparing both the Permittees' and the Administration's indexing analyses, the variations ranged between $0.11 and $2.04 among the fee categories. Please refer to the tables below. PERMITTEES' CPI Adjusted Rates from Applicable Base (2005) to FY2012 through FY2014 Outside Outside Class Outside Storage Fee Storage Fee B&C Storage Fee Any Vehicle Any Vehicle Class "A" Towing Motor & <20ft L & <20ft L or Tow Class "B" Class "C" Class "D" Fee car Annual Scooters <8ftW >SftW Fee Tow Fee Tow Fee Tow Fee Carrier CPI% YEAR 22.A.(2)(a) 22.A.(2)(b) 22.A.(2)(c) 22.8 22.C 22.0 22.E 22.F 2.80% 2005 $10.00 $25.00 $30.00 $115.00 $145.00 $175.00 $200.00 $138.23 4.70% 2006 $10.47 $26.18 $31.41 $120.41 $151.82 $183.23 $209.40 $144.73 4.90% 2007 $10.98 $27.46 $32.95 $126.30 $159.25 $192.20 $219.66 $151.82 4.20% 2008 $11.44 $28.61 $34.33 $131.61 $165.94 $200.28 $228.89 $158.19 4.60% 2009 $11.97 $29.93 $35.91 $137.66 $173.58 $209.49 $239.42 $165.47 -0.30% 2010 $11.93 $29.84 $35.80 $137.25 $173.06 $208.86 $238.70 $164.98 0.80% 2011 $12.03 $30.08 $36.09 $138.35 $174.44 $210.53 $240.61 $166.30 3.70% 2012 $12.48 $31.19 $37.43 $143.47 $180.89 $218.32 $249.51 $172.45 3.00%* 2013 $12.85 $32.12 $38.55 $147.77 $186.32 $224.87 $256.99 $177.62 3.00%* 2014 $13.24 $33.09 $39.71 $152.20 $191.91 $231.62 $264.70 $182.95 446 February 8, 2012 Commission Memorandum Towing Permit Extension/Amendment No. 2 Page 6of9 CITY'S CPI Adjusted Rates from Applicable Base (2005) to FV2012 through FV2014 Outside Outside Class Outside Storage Fee Storage Fee B&C Storage Fee Any Vehicle Any Vehicle Class "A" Class "B" Class "C" Class "D" Towing Motor & <20ft L & <20ft L or Tow Tow Tow Tow Fee Car Scooters <SftW >SftW Fee Fee Fee Fee Carrier YEAR 22.A.(2)(a) 22.A.(2)(b) 22.A.(2)(c) 22.8 22.C 22.0 22.E 22.F 2005 $10.00 $25.00 $30.00 $115.00 $145.00 $175.00 $200.00 $138.23 2006 $10.47 $26.17 $31.41 $120.39 $151.80 $183.20 $209.38 $144.71 2007 $10.99 $27.46 $32.96 $126.34 $159.30 $192.25 $219.72 $151.86 2008 $11.44 $28.61 $34.33 $131.60 $165.93 $200.26 $228.87 $158.18 2009 $11.97 $29.92 $35.90 $137.63 $173.53 $209.43 $239.35 $165.43 2010 $11.93 $29.82 $35.78 $137.17 $172.96 $208.74 $238.56 $164.88 2011 $12.02 $30.05 $36.06 $138.21 $174.27 $210.32 $240.37 $166.13 2012 $12.38 $30.95 $37.14 $142.36 $179.50 $216.63 $247.58 $171.11 2013 $12.75 $31.88 $38.25 $146.63 $184.88 $223.13 $255.01 $176.25 2014 $13.13 $32.83 $39.40 $151.03 $190.43 $229.83 $262.66 $181.54 Diff $0.11 $0.26 $0.31 $1.17 $1.48 $1.79 $2.04 $1.41 Annual CPI% 2.77% 4.69% 4.94% 4.16% 4.58% -0.33% 0.76% 3.00%* 3.00%* 3.00%* The FCWPC discussed the issue of indexing towing rates and directed the Administration to insert typical language used in other agreements which would; (1) trigger a review of all rates and fees; and (2) potentially apply a CPI index at specified thresholds. The following language was drafted and included in the relative section of the towing permit. INDEXING PROVISION The City Manager or his authorized designee may initiate an administrative review of the Maximum Allowable Rates whenever the cumulative change in the Consumer Price Index (CPI), between the current CPI and the date of the CPI used to establish the last rate adjustment, is greater than five percent ( 5% ). Upon reaching this threshold and, further, following a survey conducted by the City of maximum allowable towing rates for similar services in surrounding communities, and/or an analysis to review the current cost of providing such services, the City Manager or his authorized designees shall prepare a report which report shall be subject to final approval by the Mayor and City Commission. This process will be conducted and discussed as part of the annual budget process. 447 February 8, 2012 Commission Memorandum Towing Permit Extension/Amendment No. 2 Page 7of9 IV. AUDITING AND INSPECTION PROVISIONS Pursuant to the direction received from the FCWPC to enhance the audit provisions in the current Administrative Rules and Regulations (which govern public tows), to look at other existing audit provisions, in comparable business models, such as the language in the agreements between the City and Smith & Wollensky and the Boucher Bros, the following language is included in the Administrative Rules and Regulations (to expand upon the existing audit provisions). The agreed upon audit procedures will be developed jointly between the Permittees and the Administration within 90 days of the commencement the permit (new) term or June 1, 2012. Failure to comply by this established deadline shall trigger a referral of the unresolved issues to the FCWPC and subsequently to the full City Commission whose decision on the matter( s) shall be final and binding upon all parties. INSPECTIONS AND AUDITS Effective March 1, 2012, and notwithstanding the parties' acknowledgement of the City's existing rights to audit and inspect Permittee pursuant to this Section 27, the City Manager or his authorized designees (including, without limitation, the City's Chief Financial Officer and Internal Auditor) shall meet with Permittee to develop mutually agreed upon procedures, systems, and controls for the purpose of the City conducting financial audits concerning Permittee's operations pursuant to the Permit. In the event that the City and Permittee are not able to develop mutually agreed upon procedures, systems, and controls for City audits of Permittee's operations within ninety (90) days from the commencement of the Permit Term (or by June 1, 2012), then the City Manager shall refer this matter to the Finance and Citywide Projects Committee for discussion including, without limitation, discussion of disputed issues. The Finance Committee shall review the procedures that have been developed, including any disputed items and issues, and may make a recommendation as to same and, additionally, may recommend that the matter be referred for review by the full City Commission. The City Commission's decision on the matter shall be final and binding upon all parties. V. DISMISSAL OF PENDING LAWSUITS/LEGAL ISSUES The City has been a party to the following litigation arising out of disputes between the two towing companies: 1. Beach Towing Services, Inc., v. The City Of Miami Beach, Case no. 11-37364 CA 31, Eleventh Judicial Circuit, General Jurisdiction Division (complaint challenging the adoption of Ordinance 2008-3617 on robotic and mechanical parking); 2. Beach Towing Services Of Miami, Inc., v. City Of Miami Beach, Case No. 11-465 AP, Eleventh Judicial Circuit, Appellate Division (petition for writ of certiorari challenging the Board of Adjustment's opinion upholding the decisions of the Planning Director with respect to a towing garage in the 1-1 district); and 3. Beach Towing Services Of Miami, Inc., v. City Of Miami Beach, Case No. 11-466 AP, Eleventh Judicial Circuit, Appellate Division (petition for writ of certiorari challenging the Board of Adjustment's opinion upholding the decisions of the Planning Director with respect to a towing garage in the 1-1 district). 448 February 8, 2012 Commission Memorandum Towing Permit Extension/Amendment No. 2 Page 8of9 The Plaintiff in case number 1 has filed a notice of voluntary dismissal without prejudice. Case numbers 2 and 3 have been partially briefed, and await replies to be filed by the Petitioners. It is proposed that, as a condition of approval of Permit renewal, that the plaintiffs agree to dismiss, with prejudice, their lawsuits and petitions, within five (5) days of adoption of the Resolution, each party to bear their own costs and attorneys' fees, and with the City drafting the Orders of Dismissal. Further, since the Plaintiff has already dismissed case number 1, that it, and all related persons and entities, agree not to pursue any action against Ordinance No. 2008-3617, and not to encourage any other person or entity to file any administrative or judicial challenge to such Ordinance. As a further condition of the approval of the attached Resolution, the plaintiffs and petitioners have agreed to, and shall, within five (5) days of adoption of the attached Resolution, dismiss with prejudice their lawsuits and petitions, each party to bear their own costs and attorneys' fees, and with the City drafting the Orders of Dismissal. VI. CITY'S IN-HOUSE TOWING INITIATIVE The FCWPC referred the issue of the City's In-House Towing initiative to the full City Commission as a discussion item. Please refer to the discussion item in this agenda. VII. ACCOUNTABILITY AND ENHANCEMENTS The following accountability and operational enhancements were agreed upon by the Permittees and have been incorporated in the Administrative Rules and Regulations of the Towing Permits. • Uniforms -Permittee shall be required to provide all employees with uniforms, which shall be approved by the City Manager or his designee. • Employee Drug Screening -Permittee shall perform drug test screening on all employees, and provide pass/fail results to the City Manager or his designee, upon request. • Driver's License Screening -Permittee shall perform driver's license screening on all employees with driving responsibilities. • Permittee shall reduce the storage requirement within the City limits from seven (7) days to one (1) day. • By the end of the first Permit year (i.e. April 30, 2013), Permittees shall have procured, installed, and implemented GPS tracking devices on all vehicles. Any such GPS tracking devices must be accessible to the City for monitoring purposes. • At anytime following the end of the first Permit year, and in addition to the above requirement, the City Commission may, in its sole option and discretion review and following such review, require Permittee implement the following additional technological upgrades; one (1) each during the second and third Permit years, respectively: a) towing software (which, at a minimum, includes dispatch tracking software that is accessible to the City for monitoring only purposes); and b) in-vehicle cameras (to monitor and record tows in real time). The following initiatives were agreed upon, in concept, by the Permittees; however, they require further discussions, and in one case, an amendment to the City Code may be required. 449 February 8, 2012 Commission Memorandum Towing Permit Extension/Amendment No. 2 Page 9 of9 • Temporary [Towed] Vehicle Storage -The Administration recommends an amendment to the City Code allowing for temporary storage of towed vehicles during high impact events in the City. • Defamation Provision (video/audio depiction of public tows) -This provision is intended to develop protections for the City from potential defamation that may arise from towing service providers intending to either pursue on their own or engage a third party to film depictions of public property tows. • Penalties/Fine Schedule -The existing towing permits allow the City Manager to suspend the permit for a period of time as a penalty. The Administration recommends a fine schedule, as a financial disincentive, for violation( s) of the towing permit. Fines for typical violations may include, but are not limited to: employees out of uniform; illegal storage of vehicles; overcharging/assessment of drop fees; violations of the conditional use requirements, etc. The following initiatives were not agreed to by the Permittees: • Extend the number of hours of storage at no charge to the customer from eight (8) hours to 12 hours. • Operational Conditions that mitigate the impact of the towing operation on the surrounding neighborhood. These conditions include on-site cameras, restricted access to the facility through the neighborhood, landscaping, etc. CONCLUSION The City Commission has discussed the issue of the towing permits on several occasions during the last year. Many issues of concern were identified and ultimately, the Commission extended the permits on a month to month basis in order for these issues to be analyzed and discussed. The following areas of concern have been touched upon during the last several Commission and Committee meetings: Rate increases; Audits of both public and private operations; Accountability initiatives by utilizing latest technology; Establishing criteria for determining when a tow should be directed; Impacts to the Sunset Harbour neighborhood; Booting as an alternative to towing to diminish the impact to the surrounding neighborhood; Alternative venues for the storage of towed vehicles; and, Conditional Use type limitations to mitigate impact of towing operations. While some of these issues have been vetted and addressed or have been formally referred to Committee for further analysis, others have not had sufficient discussion to formulate a proper recommendation. The Commission should provide policy guidance on this matter. Should the City Commission feel satisfied with the towing Permittees proposed rate increase and acceptance of certain of amendments to the rules and regulations for the towing permits, then approval of the attached resolution is in order. Attachi! JMG/J SF T:\AGEN 012\02-08-12\TowPermitAdmRulesRegsAmendmentNo2Feb082012.cme.docx 450 RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ISSUANCE OF TOWING PERMITS TO BEACH TOWING SERVICES, INC., AND TREMONT TOWING SERVICES, INC.; SAID PERMIT TERMS COMMENCING ON MARCH 1, 2012, AND EXPIRING ON FEBRUARY 28, 2015; AND FURTHER, IN CONJUNCTION THEREWITH, APPROVING AMENDMENT NO. 2 TO THE ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE AND PARKING TOWING PERMITS; SAID AMENDMENT PROVIDING, AMONG OTHER THINGS, FOR AN INCREASE TO THE PERMIT FEES AND CERTAIN MAXIMUM ALLOWABLE TOWING RATES; PROVIDING FOR CERTAIN ENHANCEMENTS, PUBLIC BENEFITS, AND OTHER ADDITIONAL CONDITIONS AND REQUIREMENTS, AS REQUESTED BY THE CITY AND SET FORTH IN THIS RESOLUTION, AND ALL OF WHICH SHALL BE PROVIDED BY PERMITTEES IN THE MANNER PRESCRIBED BY, AND WITHIN THE TIMEFRAMES OUTLINED IN AMENDMENT NO. 2, AS A CONDITION OF THE CITY'S APPROVAL OF THIS RESOLUTION AND AS CONSIDERATION FOR THE CITY'S ISSUANCE OF THE PERMITS; AND ALSO, PROVIDING, AS A FURTHER CONDITION OF APPROVAL OF THIS RESOLUTION AND CONSIDERATION FOR ISSUANCE OF THE PERMITS, THAT BEACH TOWING SERVICES, INC., ON BEHALF OF ITSELF AND INCLUDING ALL RELATED PERSONS AND ENTITIES, AS THE PLAINTIFF AND PETITIONER IN THOSE CERTAIN LAWSUITS FILED AGAINST THE CITY (AS SUCH LAWSUITS ARE SET FORTH IN THIS RESOLUTION}, DISMISS WITH PREJUDICE SUCH ACTIONS THAT REMAIN PENDING WITH PREJUDICE, AND TO EXECUTE A COVENANT NOT TO SUE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ANY ADMINISTRATIVE OR JUDICIAL ACTIONS, FOR ITSELF AND ALL PERSONS OR ENTITIES RELATED TO IT, AND NOT TO SOLICIT OR ENCOURAGE THE FILING BY ANY OTHER PERSON OR ENTITY, OF ADMINISTRATIVE OR JUDICIAL ACTIONS, CLAIMS OR ISSUES THAT WERE OR COULD HAVE BEEN RAISED IN THESE CASES. WHEREAS, Chapter 106, Article V, Division 2 of the Miami Beach City Code, provides for the issuance by the City Commission of towing permits, for the towing of vehicles identified by the City as requiring removal from the public way; and WHEREAS, on January 11, 2006, the Mayor and City Commission approved Resolution No. 2006-26100, issuing towing permits to Beach Towing Services, Inc., and Tremont Towing Services, Inc. (also referred to herein as the Permittees); and WHEREAS, the term of Permittee's permits expired on August 31, 2011 and, since then, said permits have been on a month to month term; and WHEREAS, the outside date for expiration of the aforestated month to month term is June 30, 2012; and WHEREAS, Permittees have been meeting with the City with regard to the City's issuance of new towing permits to Permittees; and 451 WHEREAS, if approved, the new permits would have a three (3) year term, commencing on March 1, 2012, and ending on February 28, 2015; and WHEREAS, in conjunction with the aforestated issuance of the new permits, Permittees are also requesting an increase in the Permit Fee, as currently set forth in Section 3 of the City's Administrative Rules and Regulations for Police and Parking Towing Permits (the Rules and Regulations), as well as certain increases to the Maximum Allowable Towing Rates, as set forth in Section 22 of the Rules and Regulations; all as more particularly set forth in Amendment No. 2 to the Rules and Regulations, attached and incorporated as Exhibit "A" hereto; and WHEREAS, on December 6, 2011, Permittees and City staff jointly presented an analysis to the Finance and Citywide Projects Committee (FCWPC) regarding Permittee's request for the aforestated rate increases; and WHEREAS, on January 19, 2012, the FCWPC continued its discussion regarding towing permits and, at that time, Permittees presented a further, modified analysis of their request to the Committee; and WHEREAS, the FCWPC recommended approval of issuance of a three (3) year police towing permit (the Permit or Permits) to Permittees, along with Permittee's proposed rate increases (as set forth in Exhibit "A"); provided, however, that the issuance of the permits and the approved rate increases, as set forth in this Resolution, be subject to and conditioned upon Permittees' agreement to, and compliance with, the following terms and conditions (all as more specifically set forth in Exhibit "A" hereto): 1) Enhancements • Uniforms -Permittee shall be required to provide all employees with uniforms, which shall be approved by the City Manager or his designee. • Employee Drug Screening -Permittee shall perform drug test screening on all employees, and provide pass/fail results to the City Manager or his designee, upon request. • Driver's License Screening -Permittee shall perform driver's license screening on all employees with driving responsibilities. • Permittee shall reduce the storage requirement within the City limits from seven (7) days to one (1) day. 2) Technologicallmprovements • By the end of the first Permit year (i.e. February 28, 2013), Permittees shall have procured, installed, and implemented Global Positioning System (GPS) tracking devices on all vehicles. Any such GPS tracking devices must be accessible to the City for monitoring purposes. • At the end of the first Permit year, and provided that Permittee has complied with the above requirement, the City Commission shall review and, following 452 such review, may elect, in its sole and reasonable discretion, to require Permittee install the following additional technological upgrades; one (1) each during the second and third Permit years, respectively: a) towing software (which, at a minimum, includes dispatch tracking software that is accessible to the City for monitoring only purposes); and b) in-vehicle cameras (to monitor and record tows in real time). 3) City of Miami Beach Resident Discounts for Public Tows • Effective as of the commencement of the term of the Permit, or as of March 1, 2012, Permittees shall commence providing a twenty percent (20%) discount to City residents for public tows. • Discounts may be applied two (2) times per Permit year, per resident, per Permittee; resulting in a total up to four (4) resident discounts annually. • The discount benefit shall "reset" each Permit year, for as long as the Permit is in effect. • The 20% discount shall also apply to the City's fee. 4) In order to clarify and strengthen the City's existing audit rights, as set forth in the Rules and Regulations, Permittees shall meet with City staff including, without limitation, the Chief Financial Officer and City auditor, to develop and implement systems, procedures, and controls for the City's financial audits of Permittees' operations pursuant to the Permit (i.e. for police -public tows -only). 5) Establishment of a procedure for indexing towing rates to assist the City in determining rate increases in the future, utilizing a Consumer Price Index-based analysis; and WHEREAS, the City has been a party to the following litigation arising out of disputes between Permittees: 1) Beach Towing Services, Inc. v. The City of Miami Beach, Case No. 11-37364 CA 31, Eleventh Judicial Circuit, General Jurisdiction Division (complaint challenging the adoption of Ordinance No. 2008-3617 on robotic and mechanical parking); 2) Beach Towing Services of Miami, Inc. v. The City of Miami Beach, Case No. 11-465 AP, Eleventh Judicial Circuit, Appellate Division (petition for writ of certiorari challenging the Board of Adjustment's opinion upholding the decisions of the Planning Director with respect to a towing garage in the 1-1 district); 3) Beach Towing Services of Miami, Inc. v. The City of Miami Beach, Case No. 11-466 AP, Eleventh Judicial Circuit, Appellate Division (petition for writ of certiorari challenging the Board of Adjustment's opinion upholding the decisions of the Planning Director with respect to a towing garage in the 1-1 district; and WHEREAS, Beach Towing Services, Inc., has already dismissed without prejudice Case No. 11-37364 CA 31 but, as a further condition of the approval of this Resolution and as consideration for the City's issuance of the Permits, has agreed to, and shall, within five (5) days of adoption of this Resolution: (i) dismiss with prejudice such actions that remain pending; and (ii) to execute a covenant, in a form acceptable to the City Attorney, not to sue the City, its 453 officers and employees, in any administrative or judicial actions, for itself and all persons or entities related to it, and not to solicit or encourage the filing by any other person or entity, of administrative or judicial actions, claims or issues that were or could have been raised in these cases; and WHEREAS, the City Commission and Permittees hereby acknowledge that, while Permittees' compliance with some of the requirements imposed upon Permittees as a condition of approval of this Resolution (as such requirements are set forth herein and as such may also be more specifically described in Exhibit "A") hereto may not be required until after the City's issuance of the Permits, they are intended to be conditions subsequent to the approval of this Resolution (and to the City's issuance of the Permits) and, as such, in the event of a Permittee's failure to comply with any or all of such conditions, the City may suspend or revoke Permittee's Permit. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize and approve the issuance of towing Permits to Beach Towing Services, Inc., and Tremont Towing Services, Inc.; said Permit terms commencing on March 1, 2012, and expiring on February 28, 2015; and further, in conjunction therewith, approving Amendment No. 2 to the Administrative Rules and Regulations for Police and Parking Towing Permits; said Amendment providing, among other things, for an increase to the Permit Fees and certain Maximum Allowable Towing Rates; providing for certain enhancements, public benefits, and other additional conditions and requirements, as requested by the City and set forth in this Resolution, and all of which shall be provided by Permittees, in the manner prescribed by and within the timeframes outlined in Amendment No. 2, as a condition of the City's approval of this Resolution and as consideration for the City's issuance of the Permits; and also, providing, as a further condition of approval of this Resolution and consideration for issuance of the Permits, that Beach Towing Services, Inc., on behalf of itself and including all related persons and entities, as the plaintiff and petitioner in those certain lawsuits filed against the City (as such lawsuits are set forth in this Resolution}, dismiss with prejudice such actions that remain pending with prejudice, and to execute a covenant not to sue, in a form acceptable to the City Attorney, in any administrative or judicial actions, for itself and all persons or entities related to it, and not to solicit or encourage the filing by any other person or entity, of administrative or judicial actions, claims or issues that were or could have been raised in these cases. PASSED AND ADOPTED this----day of ______ , 2012 ATTEST: CITY CLERK F:\ATTO\AGUR\RESOS-ORD\TOWING PERMIT RESO (Final1-26-12).do 454 MAYOR APPROVED AS TO FORM & LANGUAGE & F'"\8 ECUTION AMENDMENT NO. 2 TO THE ADMINISTRATIVE RULES AND REGULATIONS FOR THE POLICE AND PARKING TOWING PERMITS (Dated February 8, 2012) * * * * 3. PERMIT FEE/MONTHLY BILLING Permittee shall pay to the City a monthly Permit fee, in the amount of $25.00 $30.00, effective as of March 1, 2012; $35.00 effective as of March 1, 2013; and $40.00, effective as of March 1. 2014, for each vehicle towed. The monthly Permit fee shall be reduced by twenty percent (20%) percent for each vehicle towed that receives a twenty (20%) percent discount pursuant to Section 22.L herein. The City shall bill Permittee by the 1Oth of each month for all tows occurring in the previous month. A late charge of $50.00, plus the greater of (i) eighteen percent (18%) interest per annum, or ii) the maximum rate allowable under Florida law, shall be assessed on all payments received after the 2oth day of the billing month. Payments to the City shall be by check and remitted to the City of Miami Beach Finance Department (Revenue Section). Checks shall be clearly marked "Police Tow" or "Parking Department Tow." * * * * 5. STORAGE AREA/STORAGE FACILITY(IES) Permittee shall have available outside storage for a minimum of thirty-one (31) vehicles and no more than a maximum of one hundred (1 00) vehicles. Said storage area will be enclosed in accordance with applicable zoning requirements. At a minimum, Permittee shall surround the storage area with a chain-link fence or solid-wall type fence at least six (6') feet high. The storage area shall be sufficiently illuminated to reveal persons and vehicles at a distance of at least 150 feet during evening hours. Permittee shall use such security measures as necessary to prevent theft, vandalism, stripping and dismantling of parts from vehicles in all storage areas. 1 455 Permittee shall provide a completely enclosed inside storage area (solid walls, roof, and access door) for at least five (5) vehicles. Said area will be secured against entry by unauthorized persons. All vehicle keys shall be secured separately. In the event Permittee's storage areas are filled to capacity, the Permittee shall not be relieved of its responsibility with regard to storage of vehicles pursuant to the Permit, and shall be required to make alternate arrangements for storage (as required to comply with the terms of the Permit). Any storage area proposed to be utilized by Permittee, which was not identified in its Permit application, must obtain the prior written approval of the City Manager or his designee prior to commencement of such use. Permittee's storage area must be located within the city limits of Miami Beach. Vehicles shall be stored for a minimum of one (1) seven (7) days, after which they may be removed to a storage area outside the city limits of Miami Beach, but within Miami- Dade County, Florida. Any vehicle with a "police hold," shall not be stored outside the city limits of Miami Beach. * * * * 11. EQUIPMENT * * * * E. TECHNOLOGICALIMPROVEMENTS (1) Effective March 1, 2012, and by no later than the end of the first Permit year. or February 28, 2013, Permittee shall. at its sole cost and expense, have procured, installed, and implemented a GPS tracking system on all of its vehicles, in accordance with the following procedures: (a) Within thirty (30) days from the effective date of the Permit. or by March 31, 2012, the City Manager or his authorized designee shall provide Permittee, in writing, with the City's minimum specifications and standards for the 2 456 proposed GPS tracking system. which specifications and standards shall be commercially reasonable inasmuch as the City will not prepare same with the intent of steering Permittee toward a particular vendor. product and/or brand. (b) Within sixty (60) days from the date of the City's minimum specifications and standards for the GPS tracking system, the City and Permittees shall meet to prepare a mutually agreed upon schedule for Permittee's selection. procurement. installation. and implementation of the system on Permittee's vehicles. (c) The City shall have prior written approval. which approval shall not be unreasonably withheld. of (i) the vendor selected by Permittee. and (ii) the GPS tracking system to be purchased by Permittee from said vendor (Note: As to this latter right. the City's approval rights over the proposed system to be purchased shall be limited to confirming that the proposed GPS tracking system complies and meets with the City's specifications and standards for same). (d) Notwithstanding (a)-(c) above. Permittee shall have the approved GPS tracking system installed and operational in all vehicles. and certify to the City. in writing, of its compliance with this requirement. no later than sixty (60) days prior to the end of the first Permit year (or by December 30, 2012). Non- compliance with this requirement shall be grounds for suspension or revocation of the Permit. (2) Effective March 1, 2012, and in addition to the requirement in subsection 11.E.(1} above, at any time following the end of the first Permit year. the City Commission may, in its sole option and discretion. review and, following such review. require Permittee to implement the following additional technological improvements; one (1} each during the second and third Permit years. respectively: (a} Towing software (which includes a dispatch tracking system); and (b) In-vehicle cameras to monitor and record tows in real time. 3 457 12. EMPLOYEES OF PERMITTEE Permittee shall be solely responsible for selecting, training and employing (or otherwise retaining) such personnel as is necessary for Permittee to satisfy the requirements of the Permit and to satisfactorily perform the work and services required under the Permit. a. Permittee shall perform driver's license screening on all employees with driving responsibilities and a copy of each employee's driver's license shall be kept on file by Permittee and made available upon request of the City Manager or his designee. b. Permittee shall be required to provide all employees with uniforms. which shall be subject to the prior written approval by the City Manager or his designee. c. Permitttee shall perform drug test screening on all employees and provide pass/fail results to the City Manager or his designee. upon request. Any and all employees and/or other individuals retained by Permittee, shall not, for any purposes, be considered to be employees of the City of Miami Beach, and Permittee shall be solely responsible for their supervision and daily direction and control. It is the intent of the City and Permittee, and Permittee acknowledges, that the Permittee is legally considered to be an independent contractor and that neither it, nor its officers, directors, employees, agents, contractors or servants, shall, under any circumstances, be considered officers, directors, employees, contractors, agents or servants of the City, and that the City shall at no time be legally responsible or liable for any negligent acts, errors, omissions, or misconduct on the part of Permittee, or any of its officers, directors, employees, contractors, agents or servants. Additionally, toward that end, Permittee agrees to have no markings on either vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between the Permittee and the City of Miami Beach. * * * * 4 458 22. MAXIMUM ALLOWABLE RATES The City Commission shall establish the maximum rates for towing, removal, and storage services provided under the Permit. The Permittee shall not charge in excess of the following maximum allowable rates established by the City (as same may be amended from time to time): A The first eight (8) hours of storage shall be without charge. Thereafter the following storage rates shall apply per day: * * * * (2) Outside-Exterior * * * * (b) Any vehicle less than 20 feet in length and 8 feet in width * $25.00 $30.00. effective March 1, 2012 $36.00. effective March 1, 2014 * * * B. Tow Rate Class "A" Tow Truck and Class "A" Car Carrier, including:· 1. First 30 minutes at scene $115.00$140.00. effective March 1, 2012 2. Unlocking door $150.00. effective March 1, 2013 3. Dropping/hooking up linkage $155.00, effective March 1. 2014 4. Wheel lift equipment 5. Use of Dolly * * * * H. Special and additional charges * * * * 5 459 2. Mileage charges (per mile): Maximum per tow: 3. Administrative fee: $§.;00 $6.00. effective March 1, 2012 $7.00, effective March 1. 2014 $35.00$42.00. effective March 1. 2012 $49.00, effective March 1. 2014 $30.00 $35.00 maximum per tow. effective March 1, 2012 $41.00 maximum per tow. effective March 1, 2013 $44.00 maximum per tow. effective March 1, 2014 4. Dollies or Flatbed Services (per job): 5. Labor to Engage!Tow: $35.00 $40.00, effective March 1, 2012 $47.00, effective March 1, 2013 $50.00, effective March 1, 2014 This is not an automatic fee and may only be imposed when access to enter the vehicle is required to properly engage/tow vehicle. 6. After Hours Fee: $25.00 $30.00. effective March 1. 2012 $32.00. effective March 1. 2013 $33.00, effective March 1. 2014 An After Hours Fee may be assessed for tows retrieved between the hours of 8:00 PM and 8:00AM. $30.00 * * * * J. Indexing Provision: The City Manager or his authorized designee may initiate an administrative review of the Maximum Allowable Rates whenever the cumulative change in the 6 460 Consumer Price Index (CPI -All Urban consumers -US City average -All items - Base Period 1982-84 = 100) (CPI), between the current CPI and the date of the CPI used to establish the last rate adjustment. is greater than five percent (5%). Upon reaching this threshold and. further. following a survey conducted by the City of maximum allowable towing rates for similar services in surrounding communities. and/or an analysis to review the current cost of providing such services. the City Manager or his authorized designees shall prepare a recommendation as to whether there should be an adjustment to the Maximum Allowable Rates; which recommendation shall be subject to final approval by the Mayor and City Commission. * * * * L. Miami Beach Resident Discount Effective March 1. 2012, Permittee shall reduce the total towing charges by twenty percent (20%) for any City of Miami Beach resident whose vehicle has been towed. City residents shall be entitled to such discount two (2) times per Permit year (for every year during the Permit Term). per resident, and per Permittee. This shall equate to a maximum of four (4) annual discounts for a City resident during each Permit year during the Term. In order to be eligible for the City resident discount. residents must provide proof of residency within the City of Miami Beach, and their driver's license information must match the registration information of the vehicle being towed. The monthly Permit fee shall be reduced by twenty percent (20%) for each vehicle towed that receives a discount pursuant to this section. Permittee shall maintain a log documenting discounts given to City residents pursuant to this section. which log shall be available for inspection and copying by the City Manager or his authorized designee. upon request. * * * * 7 461 27. INSPECTIONS AND AUDITS Permittee agrees that all of its records, equipment, personnel, office and storage facilities will be subject to periodic inspection and audits by the City Manager or his authorized representative(s) and, in the case of inspection checks, without the need for prior notice to Permittee. Effective March 1, 2012, and notwithstanding the parties' acknowledgement of the City's existing rights to audit and inspect Permittee pursuant to this Section 27, the City Manager or his authorized designees (including, without limitation. the City's Chief Financial Officer and Internal Auditor) shall meet with Permittee to develop mutually agreed upon procedures. systems, and controls for the purpose of the City conducting financial audits concerning Permittee's operations pursuant to the Permit. In the event that the City and Permittee are not able to develop mutually agreed upon procedures, systems, and controls for City audits of Permittee's operations within ninety (90) days from the commencement of the Permit Term (or by June 1, 2012), then the City Manager shall refer this matter to the Finance and Citywide Projects Committee for discussion including, without limitation, discussion of disputed issues. The Finance Committee shall review the procedures that have been developed, including any disputed items and issues, and may make a recommendation as to same and. additionally, may recommend that the matter be referred for review by the full City Commission. The City Commission's decision on the matter shall be final and binding upon all parties. F:\ATTO\AGUR\AGREEMENnTowing Rules and Regs-Amendment No. 2 (1-31-12).docx 8 462 EXHIBIT 1 Beach Towing Services, Inc. ANALYSIS OF MAXIl'vlUl\1 ALLOWABLE TO\\'ING RATES City of Miami Beach .\~.\LYSIS I'-. Sl"PPORT OF .\\IE~Dli\G Sl'CTIO~' 22. U\TITI.FD. ""\!:\:'\1\ll .. \1 .\LLO\\ .\BLF Ri\1!-S ... OF THF CITY OF \II.\ \1113L:.\CII .\D\II~ISTR.\TI\'E RU.L:S .\'-D R('(iU.\TIO~S FOR POLICI.: .\:\D P.\RKIT\(i TOW!Vi Pl'R\liTS .. \S RF\'ISLD 0'-.II I Y :2. 2009 .. \T\D .\\lf~DED 0!\ \L\Y II. 2011. BY 1'\CRb\SE\<i THE \1 \:'\1\ll. \I \1.!.0\\ .\BI.E R.\TFS TO R!l U ( T TIIF .\1\:\\ .\l. CO'-Sl. \H:R I'RICF ,}T\Dl~:'\ FOR Tli!E \11~\11-FOR r L.\t DERD.\LL RE<iiOl\ SIT\CI-: 200-l OR F.\RLII·.R 1 .-.YI1. ,. f Caceres & Gomez, CPA, P.L. 1035 S\\' s~•h :\ yenue ~Iiami, Florida 331 ~ 4 (305) 265-860""' December 6, 2011 Beach Towing Services, Inc. 1349 Dade Boulevard Miami Beach, Florida To The Board of Director's: Certified Public Accountants \\'\\'W.cacerescpa.com Following is the analysis requested and adopted by your management relating to the increase of the Maximum Allowable Towing Rates for FY2012 through FY2014, from the base rate of FY2004, or earlier, adjusted by the Consumer Price Index applicable to the Miami-Fort Lauderdale area. The FY2004 Maximum Allowable Towing Rates were obtained from the City of Miami Beach Administrative Rules and Regulations For Police and Parking Towing Permits, Revised as of July 22, 2009 (see Appendix 1 of the Analysis), which rates were recommended in the Commission Memorandum dated January 14, 2004 (see Appendix 2 of the Analysis). >"The analysis is intended for internal use only and your management's presentation to the Mayor and City c&mmission of the City of Miami Beach, Florida, which is responsible for setting the Maximum Allowable Towing Rates and should not be used for any other purpose. The actual results may vary from those presented, and the variations may be material. ~ &.-~i C.PIJ, P.L. Caceres & Gomez, CPA, P.L 464 Over the past ten years there has been a substantial increase in the CPI published by the U.S. Bureau of Labor Statistics. c~be increase translates to an average CPI annual increase of 9 about 2.97% over a 10 year Pt;.t:i-od or an increase in expenses of about the same rate. More importantly, CPI adjustments increased at a rate of 4.7% in 2005, 4.90% in 2006, 4.20% in 2007, and 4.60% in 2008. The CPI decreased at a rate of -0.30% in 2009. The CPI increased at a rate of 0.80% in 2010. The trend for 2011 is a CPI increase of approximately 3.70%. The data tables from the U.S. Bureau of Labor Statistics are attached hereto in as Appendix "3." The rapid rise in costs has severely dampened the financial sustainability of operating a towing business in the City of Miami Beach, particularly if the Maximum Allowable Towing Rates are not adjusted in a timely manner. The rates have remained stagnant ranging from 2001 for several fees and for all fees since January 14, 2004, resulting in unavoidable losses of income for companies engaged in the towing business in the City of Miami Beach. ' Thus, Beach Towing Services, Inc., believes the CPI increases from the base rates ranging from 2001 and from the 2004 to the present warrant an increase to the "Maximum Allowable Rates," set forth in Section 22 of the City of Miami City of Miami Beach Administrative Rules and Reglrf-lations For Police and Parking Towing Permits, Revised as of July 22, 2009 (attached hereto as Appendix "!"). It is vital to note that the same conditions and justifications cited in the Commission Memorandum dated January 14, 2004 (attached hereto as Appendix "2"), to warrant an increase to the Maximum Allowable Towing Rates are present today. The following Table 1, broken out into two (2) pages, reflects the application of the CPI to the FY2004 Maximum Allowable Towing Rates. Immediately following the CPI calculations are Beach Towing Services, Inc., proposed blended rates (rounded for simplicity) until such time as the rates approximate the CPI adjusted rates through FY 2014. Table 2, summarizes the effect of the CPI increases to the Average Tow. Beach Towing Services, Inc. Consulting Engagement 465 ,,,,,,,,, .. _, ____ ------- Ww:R.mN.Affl~~~ov:«~o:~>::::o:~m~~ ~~':>:·:·:·:·;;;~·:·;-;;":~:":·~~:-::~·;-: ....... ~:-:·:~~·:::·:·:·:·:·:~ ... ~»:·;~. [·-·~~-""-·-···~ -~-~-~-·· Table 1. PG 1-The Annual Consumer Price Index obtained from the U.S. Department of labor for Miami-Fort lauderdale Region, not seasonally adjusted, applied to the applicable Maximum Tow Rates Established in January 14, 2004 or earlier applicable base rate. Blended Increase of Rates with Embedded CPIIncrease $ 12.00 $ 30.00 $ 35.00 $ 135.00 $ $ 12.00 $ 30.00 $ 35.00 $ 145.00 $ $ 15.00 $ 36.00 $ 44.00 $ 150.00 $ LEGEND -TABLE 1 (PG 1.2) 165.00 $ 180.00 $ 190.00 $ Class B & C I Annual CPI% Class D Towing I Towing Fee Car increase Fee Carrier 200.00 $ 220.00 $ 230.00 $ 230.00 $ 250.00 $ 265.00 $ 145.00 160.00 180.00 a) The analysis of CPI increases was applied as of FY2005, since the January 14, 2004 determined increases were scaled in 2004 and 2005. b) For the periods FY2013 and FY2014, the CPIIncrease used was the 10 year average CPI, calculated at approximately 3.0% (rounded). Beach Towing Services, Inc. Consulting Engagement r""'''~,,,,,,,,",,,,,,,.,.,,.,,,,,,,,,,,,,,.,.,, .. ,,,,,.,,.,. .... : .. ·,·.·.·.·.·,·c·.·.·.·····.·.·.···.·············· . .. ... Table 1. PG 2-The Annual Consumer Price Index obtained from the U.S. Department of labor for Miami-Fort Lauderdale Region, not seasonally adjusted, applied to the applicable Maximum Tow Rates Established in January 14, 2004 or earlier applicable base rate. CPI Adjusted Rates from the Applicable Base Rate to FY2012 throuah FY2014 ... Extra Labor Year I Fee/Waiting Mileage Charge Administrative Dollies/Flat Bed I Labor to I Administrative I Miami Beach I Annual CPI % Time Per hour Fee Services EngagefTow Charge City Fee increase Sections: I 22.H.1. 22.H.2. 22.H.3. ~.H.4. j22.H.5.See Note (a) I 22.K. ~· 3.70% ~~ Blended Increase of Rates with Embedded CPllncrease $ 20.00 $ 6.00 $ 35.00 $ 40.00 $ 30.00 $ 35.00 $ 30.00 $ 22.00 $ 6.00 $ 41.00 $ 47.00 $ 32.00 $ 40.00 $ 32.00 $ 24.00 $ 7.00 $ 44.00 $ 50.00 $ 33.00 $ 43.00 $ 35;00 LEGEND -TABLE 1 (PG 1.2) a) The analysis of CPI increases was applied as of FY2005, since the January 14, 2004 determined increases were scaled in 2004 and 2005. b) For the periods FY2013 and FY2014, the CPIIncrease used was the 10 year average CPI, calculated at approximately 3.0% (rounded). Beach Towing Services, Inc. Consulting Engagement b b Table 2-The following table summarizes the effect of the Proposed CPI increases on the Maximum Allowable Tow Rates for the Average Tow. Effect of Prooosed CPI Increase to Average Tow Fee Year 1 Class A Towing Fee I Sections:! 22.8. $ 115.00 $ 135.00 $ 145.00 $ 150.00 Beach Towing Services, Inc. Consulting Engagement Mileage Charge 22.H.2. $ 5.00 $ 6.00 $ 6.00 $ 7.00 Administrative Labor to Fee -EngagefTow ' '"'' 22.H.3. 22.H.5. $ 30.00 $ 25.00-$ 35.00 $ 30.00 $ 41.00 $ 32.00 $ 44.00 $ 33.00 Outside Storage • . Fee Any Vehicle I M1a~1 Beach I Average Tow <20ft L & <Sft W City Fee Fee Increase 22.A.(2)(b) $ 25.00 $ $ 30.00 $ 30.00 ~$ 31.00 $ 30.00 $ 33.00 $ 15.00 $ 36.00 $ '35.00 $ 14.00 .· .. · .·.,.··:-:·: ·:·:·:·:~::~:;..-.::~~~»~~«~~ COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The City Manager To Negotiate Amendment No. 1 To The Management Agreement With UIA Management, LLC., Dated January 13, 2010, For The Maintenance Of The 1100 Block Of Lincoln Road Mall; Said Amendment Electing The Option, Pursuant To Section 23 Of The Management Agreement, To Expand The Scope Of Said Agreement To Cover Management And Maintenance OfThe Entire Length Of Lincoln Road, From Collins Avenue To West Avenue, Including Side Streets Between Lincoln Lane (North And South); Further Waiving, By 5/71h Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Augmenting Dev~loper's Management And Maintenance Responsibilities To Also Require The Provision Of Security Services Within The Designated Area; Further Providing That The Final Negotiated Amendment Shall Be Brought Back To The City Commission For Approval. Key Intended Outcome Supported: Improve cleanliness of Miami Beach rights-of-ways, especially in business areas. Supporting Data (Surveys, Environmental Scan, etc.): Existing Maintenance Agreement with UIA Management, LLC dated January 13, 2010 for the maintenance of the 1100 block of Lincoln Road. Issue: I Shall the Mayor and City Commission approve the Resolution? Item Summary/Recommendation: Section 23 of the UIA Management Agreement states: "The City and Manager (UIA), by mutual written agreement, can expand scope of Agreement to cover management of maintenance of other sections of Lincoln Road and/or the future Lincoln Park." Since security services are not part of the current UIA Agreement, a 5/71 h vote of the City Commission is needed to waive competitive bidding requirements. On February 24, 2011, the Finance and Citywide Projects Committee (FCWPC) approved proceeding with the expansion of the UIA Agreement to remainder of Lincoln Road and SoundScape Park. The item regarding the outsourcing of maintenance services was withdrawn from the July 13, 2011 Commission Meeting since it was the Administration's understanding that several Lincoln Road property owners had some concerns. It is the Administration's current understanding the recently created Lincoln Road Property Owners Assoc. supports the outsourcing of maintenance services to UIA. At the September 14,2011, Commission Meeting, an item requested by Commissioner Wolfson, regarding a letter in reference to expanding the UIA Agreement resulted in a referral to FCWPC and also the item was referred to the State Attorney's Office. Thus far, a response from the State Attorney's Office is still pending. At its December 6, 2011 meeting, the FCWPC: 1) directed the Administration to provide information regarding the positions that would be eliminated by the outsourcing of Lincoln Road maintenance services, and if any of those positions would be retiring in near future, and 2) recommended that a workshop be held to discuss the Lincoln Road maintenance. On January 10, 2012, the workshop was held at the Miami Beach Community Church to present an overview of maintenance services provided by the various City Divisions, and possibility of outsourcing of maintenance services. In general, business owners did not appear comfortable with outsourcing maintenance, but several did express that if the City were to pursue outsourcing, it should be done via a competitive process. Several of those present expressed satisfaction with City provided services & recognized that the City should continue to improve existing services. Several of the owners expressed their support for outsourcing as a way of increasing value and enhancing services. Although the concept of appointing a Mall Manager was favorably received, opinions varied as to whether the position should be a City employee or an outside manager. On February 1, 2012, the owner of 420 Lincoln Road is scheduled to meet with UIA to discuss concerns regarding the expansion of maintenance services through the UIA Agreement. The results of that meeting will be communicated at the Commission Meeting. The Administration is seeking direction on how to proceed with the provision of maintenance services. The maintenance options are: 1) Status Quo-no change; 2) Status Quo with enhancements; 3) Amend UIA Agreement to provide current services; 4) Amend UIA Agreement to provide enhanced services; 4) Issue Request for Proposals (RFP) for provision of existing services, RFP could include alternates for enhanced services. 24,2011 Financial Information: Source of Funds: I J <Amount .. >'I ·'' ' .········ ..... •· ' Account· '' <'•:>.: :·.· •·· ',ji. OBPI l''rotal I I Financial Impact Summary: City Clerk's Office Legislative Tracking_: Fred H. Beckmann ext. 6012 Directot -8-12\Lincoln Road Mall Maintenance SUMM 2012-02-0B.docx M.IAMI BEACH 469 AGENDA 1TEM -----'R_1_i== __ DATE z-g---12.- City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM' Jorge M. Gonzalez, City Manager $fut J,<Aq DATE: February 8, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AMENDMENT NO. 1 TO THE MANAGEMENT AGREEMENT WITH UIA MANAGEMENT, LLC, DATED JANUARY 13, 2010, FOR THE MAINTENANCE OF THE 1100 BLOCK OF LINCOLN ROAD MALL; SAID AMENDMENT ELECTING THE OPTION, PURSUANT TO SECTION 23 OF THE MANAGEMENT AGREEMENT, TO EXPAND THE SCOPE OF SAID AGREEMENT TO COVER MANAGEMENT AND MAINTENANCE OF THE ENTIRE LENGTH OF LINCOLN ROAD, FROM COLLINS AVENUE TO WEST AVENUE, INCLUDING SIDE STREETS BETWEEN LINCOLN LANE (NORTH AND SOUTH); FURTHER WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUGMENTING DEVELOPER'S MANAGEMENT AND MAINTENANCE RESPONSIBILITIES TO ALSO REQUIRE THE PROVISION OF SECURITY SERVICES WITHIN THE DESIGNATED AREA; FURTHER PROVIDING THAT THE FINAL NEGOTIATED AMENDMENT SHALL BE BROUGHT BACK TO THE CITY COMMISSION FOR APPROVAL. ADMINISTRATION RECOMMENDATION Provide direction and guidance to the City Manager BACKGROUND On March 14, 2007, the City Commission adopted Resolution No. 2006-26422, approving a Development Agreement between the City and UIA Management, LLC, (UIA) for the design, development, and construction of certain improvements to the 1100 Block of Lincoln Road, in conjunction with the project being developed by MBeach1, LLP, an affiliate of UIA, at 1111 Lincoln Road, Miami Beach. Section 52.6 of the Development Agreement provides that (i) a comprehensive annual maintenance program and schedule be prepared by the Design Architects for City for successful future maintenance of the "urban glade" features of the Project (as defined in the Development Agreement}, including ponds, water features, indigenous plants and trees and special lighting; (ii) such program and schedule shall be approved by City staff and relevant City agencies; and (iii) Manager (UIA) shall provide oversight of such program and schedule as part of a separate agreement to be entered into with City. In January, 2010, the City Commission approved the execution of the Management Agreement 470 City Commission Memorandum -Lincoln Road and Soundscape Management Agreement February 8, 2012 Page 2 ofB for Maintenance of 1100 Block of Lincoln Road between the City of Miami Beach and UIA, for the maintenance of improvements to the 1100 block of Lincoln Road Mall. Under the Maintenance Management Agreement, UIA has provided maintenance, repair and replacement of the water features, landscaping, trees, Pedra Portuguesa stone pavement, lighting, electrical equipment, mechanical systems and sanitation services on the 1100 Block of Lincoln Road. The purpose of the Agreement was to evaluate the benefits received by consolidating oversight and management of all maintenance activities under a single entity as an attempt to control costs, while improving levels of service and response time. To date, the general consensus is that the contract has been successfully executed. On February 24, 2011, the Finance and Citywide Projects Committee (FCWPC) approved proceeding with the expansion of the UIA Agreement to the remainder of Lincoln Road and SoundScape Park. The item regarding the outsourcing of maintenance services for Lincoln Road and SoundScape Park was withdrawn from the July 13, 2011 Commission Meeting since it was the Administration's understanding that several Lincoln Road property owners had some concerns with the outsourcing. It is the Administration's current understanding that this may no longer be the case and that the recently created Lincoln Road Property Owners Association supports the outsourcing of maintenance services to UIA. At the September 14, 2011, Commission Meeting, an item (R9F), requested by Commissioner Wolfson, regarding a letter in reference to the maintenance contract for Lincoln Road, was discussed. A Motion by Commissioner Wolfson to refer the item to the Finance and Citywide Projects Committee (FCWPC) was seconded by Commissioner Gongora and unanimously approved. A second Motion made by Vice-Mayor Tobin to refer the item to the State Attorney's Office was seconded by Commissioner Libbin and unanimously approved. Thus far, a response from the State Attorney's Office is still pending. At its December 6, 2011 meeting, the FCWPC: 1) directed the Administration to provide information regarding the positions that would be eliminated by the outsourcing of Lincoln Road maintenance services, and if any of those positions would be retiring in the near future, and 2) recommended that a workshop be held to discuss the maintenance of Lincoln Road. In a memorandum dated December 8, 2011, Commissioner Weithorn requested information on various Lincoln Road maintenance related items regarding copies of work orders (WOs) presented to Commissioner Weithorn at the December 6, 2011 FCWPC meeting by Mr. Richard McKinnon, President of Communications Workers of America, Local 3178. A copy of the LTC (without attachments), dated January 23, 2012, submitted in response to Commissioner Weithorn's memorandum, is included as Attachment C. On January 10, 2012, a workshop was held at the Miami Beach Community Church meeting hall to present to Lincoln Road business and property owners an overview of the current maintenance services provided by the various City Divisions, as well as to discuss the possibility of outsourcing of current and enhanced maintenance services. In general, business owners did not appear comfortable with outsourcing the maintenance work, but several did express that, if the City were to pursue the outsourcing of maintenance services, it should be done through a competitive bidding process. Several of those present expressed general satisfaction with City provided services and recognized that the City should continue to improve existing maintenance services. Several of the owners expressed their support for outsourcing services as a way of increasing value and enhancing services. One of the owners noted that the Lincoln Road Property Owners Association is in favor of outside management of services. Although the concept of appointing a Mall Manager was favorably received, opinions varied as to whether the position should be a City employee or an outside manager. 471 City Commission Memorandum -Lincoln Road and Soundscape Management Agreement February 8, 2012 Page 3 ofB On February 1, 2012, the owner of 420 Lincoln Road is scheduled to meet with UIA management to discuss concerns regarding the expansion of Lincoln Road maintenance services through the Management Agreement for Maintenance of 11 00 Block of Lincoln Road between the City and UIA. The results of that meeting will be verbally communicated at the City Commission Meeting. ANALYSIS With the exception of the 1100 block of Lincoln Road (between Lenox Avenue and Alton Road), City of Miami Beach personnel from three divisions -Property Management, Sanitation and Greenspace Management, with limited support from temporary labor, provide maintenance services for the entire length of Lincoln Road -from Collins Avenue to West Avenue, including the side streets between Lincoln Lane North and Lincoln Lane South. Maintenance services for the 1100 Block are provided under the Management Agreement with UIA. Refer to Attachment "A" for a map of Lincoln Road maintenance service area. Section 23 of the UIA Management Agreement states that: "The City and Manager (UIA), by mutual written agreement, can expand the scope of this Agreement to cover management of the maintenance of other sections of Lincoln Road and/or the future Lincoln Park." Since security services are not part of the current Agreement with UIA, a 5/?th vote of the City Commission is necessary to waive competitive bidding requirements, finding such waiver to be in the best interest of the City. Maintenance I security services provided or managed by City personnel are as follows: • Parks and Recreation Dept. Greenspace Management Division -A total of five City personnel support the following maintenance activities: -Turf mowing, trimming and edging (30/year) -Shrub and ground cover pruning (12/year) -Weed control (40/year) -Tree/palm pruning (2-3/year) -Date palm seed removal (4-6/year) -Mulch application (2/Year); daily irrigation system checks (5 days, weekly) and repairs as needed -Flower installations (3/Year) with additional plants also installed -Turf fertilization (3/year) -Shrub/ground cover granular fertilization (3/year) -Liquid fertilization (minors) (4/year) -Tree/palm fertilization (3/year) -Litter removal (supplemental to Sanitation Division) once per day, 5 days weekly -Integrated pest management. • Sanitation Division - A total of 13 City personnel and three temporary laborers support the following maintenance activities daily from 6:30a.m, to 11:30 p.m.: -Pressure cleaning of all hard surfaces, with scrubber overlapping pressure cleaners, as well as area garbage cans (5 days, weekly, 15-day rotation) -Seven-day litter control from 6:10 a.m. to 11:30 p.m., including blowing and sweeping the walkways and emptying garbage and recycling containers -Reporting of deficient conditions for follow-up or corrective work by other divisions 472 City Commission Memorandum -Lincoln Road and Soundscape Management Agreement February 8, 2012 Page4 ofB -Close work with Code Enforcement, Police and Homeless Outreach Team to support a cleaner and safer environment for tourists, residents and business owners. • Property Management Division - A total of six City personnel support the following maintenance activities: -Painting of all structures, retaining walls and "piano keys"; -Service and maintenance of all decorative, landscaping and pedestrian street lighting; -Maintenance of all electrical service points for vendors; -Cleaning and chemical treatment of fountains/water features, as well as repair and maintenance of associated electrical, pumping and plumbing systems. The equivalent of three of the six employees -an Electrician, a Municipal Service Worker Ill, and a Painter are dedicated to maintain other RDA district facilities outside of the Lincoln Road service area; therefore, only three of the six employees will be impacted. • Police Department -Contracted security services provide two daily shifts I 7 -day coverage; each shift staffed by two guards. Split shifts are from 6:00am to 2:00pm and 6:00 pm to 2:00 am. Over the course of the past eighteen (18) months, UIA has met expectations under the terms and conditions of the Management Agreement. General consensus is that the levels of maintenance, oversight, and repair for the contracted portion of Lincoln Road Mall compare favorably to other Mall areas maintained by City forces. Average scores from the City's Cleanliness Index & Assessment Program's recent surveys for Lincoln Road are as follows: From FY1 O/Q2(1) through FY11/Q4: • Lincoln Road, excluding the 1100 block: 1.6 • Lincoln Road, 1100 block only: 1.4 (1) VIA Management contract for 1100 Block maintenance commences Cleanliness index scores provide an objective measurement of performance ranging from 1.0 (Very clean) to 6.0 (Very Dirty) and include assessment of litter, litter/garbage cans and dumpsters, organic material and fecal matter. The results of the assessments are used to monitor the impact of recently implemented initiatives to target areas for future improvements and assure the quality of services. Should the City Commission consider outsourcing the maintenance of Lincoln Road Mall, via amending the UIA agreement or through the issuance of an RFP, the expectation would be that the costs of the outsourcing agreement would not exceed the avoidable costs of the approved Fiscal Year 2011/12 Budget for supporting Lincoln Road maintenance and security services. Any new or additional scope of work and/or services would require the approval of a funding increase through the budget process. The objective of any outsourcing negotiations would be to secure additional and/or enhanced service levels at a cost equivalent to, or less than, the avoidable costs of the approved Fiscal Year 2011/12 Budget for supporting Lincoln Road maintenance and security services. 473 City Commission Memorandum -Lincoln Road and Soundscape Management Agreement February 8, 2012 PageS ofB Should the Commission wish to consider amending the existing UIA Maintenance Agreement, the Administration would proceed to negotiate an amendment that extends the management oversight provided by UIA to the entirety of Lincoln Road from Collins Avenue to West Avenue, including side streets (between Lincoln Lane North and Lincoln Lane South). UIA would then obtain a minimum of three bids from local companies for the services that will be expanded to the remainder of Lincoln Road Mall, review the bids, and be ready to start negotiations with the City should this option be approved by the City Commission. Upon conclusion of said negotiations, the Administration would bring the proposed amendment to the City Commission for consideration and approval prior to execution of an agreement. Following the February 24, 2011 approval by FCWPC to proceed with the expansion of the UIA Agreement to the remainder of Lincoln Road and SoundScape Park, preliminary discussions were held with UIA on various enhancement and service options such as: • Providing a full-time Mall Manager to coordinate maintenance activities, • Offering enhanced levels of service by increasing maintenance resources on as as- needed basis, • Increasing plant replacement frequency, • Setting higher standards for maintaining the various amenities that comprise the Mall area, and • Augmenting Mall security by increasing the hours of daily coverage from 16 hours per day to 24 hours per day. These discussions didn't come to final fruition since the outsourcing item was pulled from a subsequent City Commission meeting as noted previously. Nevertheless, increasing security and providing a single point of contact for all maintenance activities should improve the overall appearance and condition of the Mall features. Twenty-four hours per day surveillance by trained security guards will reduce the defacing of City property, thereby freeing up maintenance resources to concentrate on performing preventive maintenance in lieu of corrective maintenance (reacting to damage, graffiti and acts of vandalism). Whether procured via an amendment to the UIA Agreement, an RFP, or dedicated City employee, providing a single point of contact for all Lincoln Road Mall maintenance and repairs, via a dedicated Mall Manager, would offer improved coordination and supervision of the workforce where attention to details will be a priority. It should also be understood that any additional resources required for the provision of new and/or enhanced services would need to be approved through the budget process. It should be clear that the role of any outside group or agency contracted to perform maintenance services on Lincoln Road is exclusive of any involvement in the development of a "future vision" for Lincoln Road, as part of that maintenance role. It should also be noted that any provider of maintenance services will have no direct involvement in the administration of the City's policies, codes, or capital investment process. Any future capital enhancements and improvements to Lincoln Road will follow the City's established process, wherein a Basis of Design Report (BOOR) is drafted with the input of all interested parties and residents and subsequently submitted for review and approval by the FCWPC and the City Commission. A proposed marketing plan, promoting Mall destinations that would include the use of social media and an application accessible by smart mobile devices that will help direct patrons of the Mall to their desired location, assist with parking, and promote special events was discussed with UIA during the preliminary discussion held in 2011. The Lincoln Road Property Owners Association has pledged to match City annual revenues received from the Lincoln Road Adshell advertising panels ($85,000 projection for 2011) in support of the proposed marketing plan. The 474 City Commission Memorandum -Lincoln Road and Soundscape Management Agreement February 8, 2012 Page 6 ofB development of the marketing application would be accomplished independently of any potential Management and Maintenance Agreement from the outsourcing of services. The majority of the employees providing maintenance in Lincoln Road fall under the Municipal Service Worker (MSW) classification. The MSW and other positions could be absorbed within vacant positions throughout the various City Divisions. None of the City employees in budgeted positions assigned to the maintenance of Lincoln Road are anticipated to retire in the near future. Should the City Commission recommend that the maintenance services be outsourced, these employees could easily be transferred. Attachment B provides a listing of the City staff positions budgeted for the provision of maintenance services on Lincoln Road. The disposition of City staff impacted by the privatization of the maintenance of the remainder of Lincoln Road Mall will be handled in accordance with provisions of the various Collective Bargaining Agreements governing those positions as follows: • Section 9.2 of the current contract between the City and the American Federation of State, County and Municipal Employees, AFSCME Local No. 1554, stipulates that "No AFSCME unit position will be impacted between May 1, 2010 through September 30, 2010. Further, no employee covered under the AFSCME Bargaining Unit will be separated from the City for reasons other than discipline or voluntary separation for the period of time between October 1, 2010 through September 30, 2011 (Fiscal Year 2010-2011} and October 1, 2011 through September 30, 2012 (Fiscal Year 2010-2011}. In the event that there is an impact to a position in FY 2011-2012, the impacted employee shall be offered a position with the City. The City will offer the impacted employee a position for which they meet the minimum qualifications. If that impacted employee's hourly rate is above the maximum hourly rate of the position offered, that employee will remain at their hourly rate even if that hourly rate exceeds the maximum hourly rate of the position offered. In addition, recall rights will be in place for two (2) years from date of impact. 11 • Section 9.3 of the current contract between the City and the Communications Workers of America, CWA Local No. 3178, stipulates that " ... for the time period covering from October 1, 2010 through September 30, 2012, no employee covered under the CWA Bargaining Unit shall be separated from the City for reasons other than disciplinary, voluntary separation, or whose position is reclassified due to changes in job duties. Individuals whose positions are eliminated from the budget (or are impacted as a result of the elimination of a position in the budget, (bumping)) will be placed in a position with the City. 11 The current termination clauses for default and convenience contained in the existing City/UIA Management Agreement for Maintenance of 11 00 Block of Lincoln Road (Sections 1 0 and 11, respectively) would continue to be in effect should the City Commission approve an amendment to the City/UIA agreement for the management of maintenance and security services for the Lincoln Road Mall. In addition, any renewals or extensions of such agreement would be subject to the availability of annual appropriations. CONCLUSION The Administration is seeking direction on how to proceed with the provision of maintenance services for the Lincoln Road Mall, from Collins Avenue to West Avenue and including the side streets, between Lincoln Lane North and Lincoln Lane South. The maintenance options to be considered are the following: 475 City Commission Memorandum -Lincoln Road and Soundscape Management Agreement February 8, 2012 Page 7 ofB 1. Status Quo -With the exception of the 11 00 block of Lincoln Road (between Lenox Avenue and Alton Road), City personnel from Property Management, Sanitation and Greenspace Management Divisions, with limited support from temporary labor, to continue to provide previously described existing maintenance for the entire length of Lincoln Road -from Collins Avenue to West Avenue, including the side streets between Lincoln Lane North and Lincoln Lane South. Police Dept. would continue to manage security services contract. Maintenance services for the 11 00 Block would continue to be provided under the existing management agreement with UIA Management, LLC. 2. Status Quo with Enhancements -Same as Option 1, but with the opportunity to consider adding resources, during the budget process, to provide for any approved enhancements, such as a professional Mall Manager position and expanded security, or additional/expanded maintenance services. 3. Negotiate Amendment 1 to the existing agreement with UIA Management, LLC maintaining existing service levels -Expand scope of UIA agreement to provide maintenance and security services, equivalent to those currently being provided by City personnel, to the entire length of Lincoln Road, from Collins Ave. to West Ave., including side streets between Lincoln Lane North and Lincoln Lane South. 4. Negotiate Amendment 1 to the existing agreement with UIA Management, LLC to expand existing service levels -Same as Option 3, but with the opportunity to consider adding resources, during the budget process, to provide any approved enhancements, such as a professional Mall Manager position and expanded security, or additional/expanded maintenance services. 5. Issue publicly advertised Request for Proposals (RFP) for the provision of maintenance and security services a. Scope -The scope of the RFP would be for the provision of the existing maintenance and security services currently being provided by City personnel for the entire length of Lincoln Road-from Collins Avenue to West Avenue, except for the 1100 block of Lincoln Road (between Lenox Avenue and Alton Road), including the side streets between Lincoln Lane North and Lincoln Lane South. The RFP could include alternate items for any approved enhancements b. Resources -The avoidable costs of the FY 2011/12 Budget for supporting Lincoln Road maintenance and security services. c. Procurement Process -The RFP process is comprised of the following steps: 1) Commission authorizes the issuance of RFP; 2) Upon receipt of authorization, Procurement Division issues publicly advertised RFP; 3) Procurement Division reviews submittals for responsiveness; 4) Evaluation committee reviews responses, interviews candidate firms, and makes recommendation to City Manager; 5) City Manager reviews recommendation and forwards his own recommendation to City Commission for authorization to award; 6) If Commission approves, then Administration negotiates with recommended firm; and 7) If required, negotiated contract would be brought back to the City Commission for approval prior to execution. 476 City Commission Memorandum -Lincoln Road and Soundscape Management Agreement February 8, 2012 Page 8 of8 Attachments: A: Map of Lincoln Road maintenance service area 8: List of Lincoln Road City staff positions C: Lincoln Road Maintenance LTC (without attachments) JMG/DRB/FHB T:\AGENDA\2012\2-8-12\Lincoln Road Mall Maintenance MEMO 2012-02-0S.docx 477 RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATEAMENDMENTN0.1 TO THE MANAGEMENT AGREEMENTWITH UIA MANAGEMENT, LLC, DATED JANUARY 13, 2010, FOR THE MAINTENANCE OF THE 1100 BLOCK OF LINCOLN ROAD MALL; SAID AMENDMENT ELECTING THE OPTION, PURSUANT TO SECTION 23 OF THE MANAGEMENT AGREEMENT, TO EXPAND THE SCOPE OF SAID AGREEMENT TO COVER MANAGEMENT AND MAINTENANCE OF THE ENTIRE LENGTH OF LINCOLN ROAD, FROM COLLINS AVENUE TO WEST AVENUE, INCLUDING SIDE STREETS BETWEEN LINCOLN LANE (NORTH AND SOUTH}; FURTHER WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUGMENTING DEVELOPER'S MANAGEMENT AND MAINTENANCE RESPONSIBILITIES TO ALSO REQUIRE THE PROVISION OF SECURITY SERVICES WITHIN THE DESIGNATED AREA; FURTHER PROVIDING THAT THE FINAL NEGOTIATED AMENDMENT SHALL BE BROUGHT BACK TO THE CITY COMMISSION FOR APPROVAL WHEREAS, Lincoln Road Mall is one of the premier pedestrian destinations in Miami Beach, attracting residents and tourists from all over the world; and WHEREAS, the maintenance of Lincoln Road Mall, from Collins Avenue to West Avenue, is of paramount importance to the c01tinued vitality of this international destination; and WHEREAS, UIA Management, LLC presently provides management and maintenance services to the 1100 Block of Lincoln Road Mall under a Management Agreement with the City dated January 13, 2010 (the Agreement); and WHEREAS, Section 23 of the Agreement provides an option for the expansion of the scope to include other areas of the Lincoln Road Mall; and WHEREAS, at its regular meeting on February 24, 2011, the Finance and Citywide Projects Committee reviewed a proposal to expand UIA Management, LLC's management and maintenance obligations under the Agreement to include the entire length of Lincoln Road Mall, from Collins Avenue to West Avenue, and all the side streets between Lincoln Lane (north and south); and WHEREAS, the Committee recommended authorizing the City Manager to proceed with negotiating an amendment to the Agreement, to include management and maintenance of this additional area; and WHEREAS, the Agreement does not include security services; however, the Administration also recommends that it would be in the best interest of the City to include security services as part of the new expanded scope of services, thereby necessitating a 5/71h vote of the City Commission, to waive formal bidding procedures for adding security services to the scope of the proposed Amendment. 478 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the City Manager to negotiate Amendment No. 1 to the Management Agreement with UIA Management, LLC, dated January 13, 2010, for the maintenance of the 1100 block of Lincoln Road Mall; said Amendment electing the option, pursuant to section 23 of the Management Agreement, to expand the scope of said Agreement to cover management and maintenance of the entire length of Lincoln Road, from Collins Avenue to West Avenue, including side streets between Lincoln Lane (north and south); further waiving, by 5/ih vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City, and augmenting developer's management and maintenance responsibilities to also require the provision of security services within the designated area; further providing that the final negotiated amendment shall be brought back to the City Commission for approval. PASSED AND ADOPTED this_ day of ___ , 2012. ATTEST: CITY CLERK MAYOR JMG/DRB/FHB T:\AGENDA\2012\2-8-12\Lincoln Road Mall Maintenance RESO 2012-02-0B.doc 479 < +J ~ (J) .E u til .j...l +J < PROPOSED MAINTENANCE SERVICE AREA TO BE OUTSOURCED ~ CD o:: I '» i ~n" u~~ ~u ·~/~~~ ~ 5: X 0 ~ 0 -1 I "' ~ ~-1 17th. ST. ---~ID@.=~aEKE~-~ ·""w~ I' ':DDIDUIUILJUIUR ~~.~ "" Ill 1 111' 00 oo., ' 16th.ST. . DO DDQ w ~ w ~I o: on ~~ i I i D D ~ LJ 1lJJlj ~ ' ~ 15 ST. JlNOLA WAl ill..=~ ~ . ~ ~ """"' ;, . ~ LlilllJ uu uu lll d u I ~ lj'IV~~[h , 1 D DO 14 s DQDD " 14 ~ sr ~ Attachment B LIST OF CITY POSITIONS ASSIGNED TO LINCOLN ROAD Sanitation Operations Supervisor MSW Ill MSW II MSWI Temp TOTAL Tree Trimmer MSWII MSWI TOTAL Electrician Painter MSWII TOTAL Sanitation 1 2 6 7 3 19 Parks & Recreation 1 3 1 5 Property Management 1 1 1 3 F:\WORK\$ALL\(1) EMPLOYEE FOLDERS\FIORELLA SARMIENTO\list of City Positions assigned to LR 481 GSA AFSCME AFSCME AFSCME N/A AFSCME AFSCME AFSCME CWA CWA AFSCME Attachment C ~ MIAMI BEACh RECFtVFO 10\2 JAN 24 PM 12: \ 0 OFFICE OF THE. CITY MANAGER TO: FROM: DATE: CITY CLERK'S OFF ICE Deede Weithorn, Commissioner Jorge M. Gonzalez, City Manager \~/ January 24, 2012 () CJ SUBJECT: Lincoln Road Maintenance MEMO //001-2012 This memo is provided in reply to your request for information dated December 8, 2011, regarding copies of work orders (VVOs) presented to you at the December 6, 2011 meeting of the Finance and Citywide Projects Committee (FCWPC), by Mr. Richard McKinnon, President of Communications Workers of America (CWA), Local 3178. The WOs were presented at the moment when Item No.9 of the FCWPC agenda (Discussion on Outsourcing of Lincoln Road Mall Maintenance Services) was up for discussion. Mr. McKinnon was accompanied by Jonathan Sinkes, CWA Local3178 Secretary, and Donald Kelley, electricians in the City's Property Management Division. Mr. Sinkes and Mr. Kelley perform maintenance activities throughout the City, including Lincoln Road. Background With the exception of the 1100 block of Lincoln Road (between Lenox Avenue and Alton Road), City of Miami Beach personnel from three divisions -Property Management, Sanitation and Greens pace Management, with limited support from temporary labor, provide maintenance services for the entire length of Lincoln Road -from Collins Avenue to West Avenue, including the side streets between Lincoln Lane North and Lincoln Lane South. Maintenance services for the 1100 Block have been provided under a management agreement with UIA Management, LLC (UIA) since its approval at the January 13, 2010 Commission Meeting. At this meeting, it was discussed that if the agreement was a success, it may open other opportunities in the future. In addition, the agreement has an option by which the City and UIA by mutual agreement could expand the type services encompassed under the 11 00 block of Lincoln Road agreement to other sections of Lincoln Road and the future Lincoln Park, now named Miami Beach Soundsdcape. The services provided by UIA have been consistent without any significant complaints and minor oversight and involvement from the City. The Administration is presently exploring opportunities to expand the outsourcing of Lincoln Road maintenance services as a way to maximize value and service delivery efficiency through a balanced utilization of in-house and outside resources. Analysis This section will address the specific WOs presented at the December 6th FCWPC meeting as well as specific questions and issues requested in your memo. Please refer to Attachment 1. Mr. McKinnon represented at the FCWPC meeting that the Property Management Division (PMD) had not been able to do maintenance work on Lincoln Road due to unavailability of parts. It needs to be clarified that none of the 14 employee WOs presented by Mr. Sinkes and Mr. Kelley were related to Lincoln Road maintenance activities. Of the fourteen items presented, WO 66072 was a duplicate of WO 66071. Of the thirteen actual WOs, none involved life safety issues and were all related·to 482 LTC Response to Commissioner Weithom 2011-12-08 Memo January 24, 2012 Page2of4 parks, parking garages, the Police Station and the Bass Museum. A total of 67.5 work-hours were actually charged for work performed by PMD employees on the 13 WOs that were referenced. Maintenance records reflect WOs # 65861 and 65872 as being completed. The WO percent completion ranged from 0% (non-stock parts that need to be special ordered or rented, such as circuit boards, scissors lifts and bucket trucks, equipment) to 100%. In some cases, a large portion of the work was completed but some out-of-stock parts had to be ordered in order to complete the job. In most cases, purchase order requisitions were submitted in late October, electronic approval to purchase were received by Property Management on December 1, and following confirmation of vendor receipt of blanket purchase orders, parts were ordered on December 7. Please refer to Attachment 2 for a detailed breakdown of the 13 WOs and their current status. All 13 WOs presented have been completed and the electrical supervisor confirmed that none were of an emergency/life-safety nature. Please refer to Attachment 3 for the Employee Daily Field Worksheets listing yYOs that employees worked during the peri_od of time that CWA claims employees could not complete work on Lincoln Road, due to unavailability of parts, including the previously mentioned 13 WOs. Generally, WO requests are received viae-mails, phone calls, or by maintenance staff reporting the deficiency. In the case of WOs associated with emergency or life safety issues, when the WO is called in, the supervisor is contacted by office staff via two-way radio and a crew is dispatched immediately. All work orders are entered into an automated WO system and database, where they are tracked and issued, on an on-going basis, to the respective shop supervisors. The supervisors establish and schedule the work priority and issue WOs to their technicians accordingly. As a point of reference, a total of 9,591 WOs were completed by PMD during FY 2010/11 (see Attachment 4); 319 of these WOs were specific to Lincoln Road and 125 completed by the electrical department (see Attachment 5). Typically, WOs are completed within five days. In November of 2011, a total of 759 WOs were completed by PMD; of the 759 WOs, 15 were completed by the electrical shop within five days (see Attachment 6). Expenditures for parts totaling $36,740, of which $10,579 were for materials used by the electrical department. For a listing of open WOs, as of Dec. 30, 2011, please refer to Attachment 7. It should be noted that the WOs presented by CWA at the December 6, 2011 FCWPC meeting were worked on during the transition from the previous fiscal year. The priority for the City during the transition is to upload the new budget and, therefore, deal with new requisitions on an as-needed basis due to the very high volume of new requisitions generated at the beginning of the fiscal year. However, emergency or priority requisitions are approved on an expedited mode when requested by a department. In addition, the supervisors and the property management director have City-issued Purchase Cards that are available, if necessary, to deal with the procurement of parts, materials, and services required for emergency and life/safety WOs. The following responses address your specific questions from the December 8, 2011 email: • Was Fred Beckmann, Director, Public Works Department; Kathie Brooks, Director, Office of Budget and Performance Management; or your staff in the City Manager's Office aware of these requests for supplies and/or their funding? If not, who was the highest ranking employee in the above-mentioned departments and offices that was aware of these requests? Neither Mr. Beckmann, nor Ms. Brooks or City Manager's Office staff were aware of these requests for supplies. Under standard operating procedures, unless there is an emergency or life threatening issue that cannot be resolved at the division director level, and require senior management support, there would be no reason for the PWD or OBPI 483 LTC Response to Commissioner We/thorn 2011-12-08 Memo January 24, 2012 Page3 of4 directors to be made aware of these requests for supplies and/or funding. In the case of the 13 WOs discussed at the FCWPC meeting, the electric department supervisor was the highest-ranking staff person to be aware of the WOs and made the determination that they were not of an emergency I life-threatening nature. In addition, the electrical technicians that were assigned to the WOs did not report to the electrical supervisor that any of the 13 WO requests were of an emergency /life-threatening nature. • Who denied the allotting of supplies or their funding and why? No one denied the allotting of supplies or their funding fo.r the required Lincoln Road repairs. It is appropriate to address allegations that the City did not provide supplies and/or denied a purchase by examining the example WOe provided at the FCWPC meeting in the proper context of standard operating procedures, priorities and temporary funding issues. Although for a limited period of time, purchases on non-emergency/life-safety items were delayed, that should not be construed as a denial to purchase, nor that the PMD technicians did not have other WOs that they could be working on -as evidenced by Attachment 3. • What process is followed by maintenance employees when requesting supplies? When maintenance employees require parts, materials, or supplies, technicians will first check in-house inventory and if the item is not in stock then the technician has the ability to go to a local vendor (electrical, air conditioning, plumbing, painting & general maintenance) under existing blanket purchase orders (BPO) and procure the needed part(s). Where a part has to be special ordered, a longer lead-time is to be expected. If the needed part is from a vendor for which there is not an existing BPO, then the priority need of the part determines the purchasing procedure: 1. For routine purchases, a purchase order requisition will be generated and processed in according to City internal policies and procedures. 2. For emergency or life-safety related purchases up to $5,000, the parts/materials are purchased via a City-issued Visa "P-Card". P-Cards for purchases up to $5,000 are issued to the Property Management director. P-Cards for purchases up to $2,500 are issued to the maintenance superintendent, the five supervisors and one technician under each of the five supervisors, as well as the three building technicians and two administrative staff. P-Cards are used only for emergency purposes. 3. For emergency or life-safety related purchases greater than $5,000, the Property Management director will make a direct request to the Procurement Division director for the emergency purchase. • Are maintenance employees allowed to utilize blanket purchase orders or procurement cards ("p-cards') to obtain supplies from City approved vendors? If so, why were the supplies not purchased? • Yes. Please refer to above response. If maintenance employees were unable to fulfill their duties, how was their working hours occupied? At no time were maintenance employees unable able to fulfill their duties. In fact, the electrical technicians charged· 67.5 hours of productive work to the 13 WOs presented. (Please refer to Attachment 6 for a detailed breakdown of WOs completed by the electrical shop for Lincoln Road). 484 LTC Response to Commissioner We/thorn 2011-12-08 Memo January 24, 2012 Page4of4 Although not specifically requested in your memo, a list of City positions assigned to Lincoln Road is included as Attachment 8. This information was requested at the December 6, 2011 FCWPC meeting. Should the City Commission recommend that maintenance services for the remainder of Lincoln Road Mall be outsourced, the disposition of City staff impacted by any outsourcing actions would be handled in accordance with provisions of the various Collective Bargaining Agreements governing those positions. Although not requested in your memo of December 8, 2011, we have also attached the City Clerk's response to CWA public records request #6373 providing information on the preliminary analysis conducted by City staff to determine the feasibility of outsourcing the maintenance of the Lincoln Road Mall to UIA Management (see attachment 9}. Conclusion An examination of the representations made by CWA at the FCWPC meeting indicate that - although there are always opportunities to improve processes and procedures -at no time were emergency/life-safety issues not properly addressed, nor maintenance staff left with unproductive hours. None of the WO presented by the CWA representatives at the FCWPC meeting were associated with Lincoln Road maintenance work. It should be noted that PMD records show that any inferences made by the CWA Union representatives as to the electricians' inability to perform work on Lincoln Road based, were found to be unsubstantiated. The nature of any property management organization, especially one with over 200 facilities and 4,000,000 square feet to maintain, is such that there is always a backlog of routine work orders needing to be completed. The absence of a backlog would suggest overstaffing and/or the authorization of excessive overtime. · A process already exists and is used to handle the purchase of materials for emergency/life safety or priority WOs during th\3 transition between fiscal years. Space limitations within the existing Property Management facilities restrict the amount of inventory of the most commonly used repair and replacement parts that can be maintained at any given time. The proposed new facility, currently under design, should address this condition by providing adequate parts and materials storage areas and electronic inventory control systems. I hope this adequately answers your questions. Should you need additional information, please contact my office. Attachment 1 -Commissioner Weithorn Memo Dated Dec. 8, 2011 Attachment 2 -Status of WOs Presented at Dec. 8, 2011 FCWPC Meeting Attachment 3 -Employee Daily Field Worksheets Listing WO Assignments Attachment 4 -PMD Completed WO Summary FY 201 0/11 Attachment 5 -PMD Completed Lincoln Road WOs FY 2010/11 Attachment 6 -Listing of All WOs Completed in November, 2011 Attachment 7-Listing of Open WOs Greater than 10 Days, as of 12-30-11 Attachment 8-Listing of City Employees Assigned to Lincoln Road Attachment 9-Response to CWA request #6373, dated December 29, 2011 DRB/FHB F:\WORK\$ALL\(1) EMPLOYEE FOLDERS\CANO\Lincoln Road Maintenance\LTC-LINCOLN ROAD MAINT 2012-01-12 (final draft).doc CC: Mayor and Commissioners 485 THIS PAGE INTENTIONALLY LEFT BLANK 486 R9 NEW BUSINESS AND COMMISSION REQUESTS 487 1\1\ 1/\/V\ I City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov OFFICE OF THE CITY CLERK, Robert Parcher, Ci1y Clerk Tel: (305) 673-7 411, Fax: (305) 673-7254 COMMISSION MEMORANDUM To: From: Date: Subject: Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager If"'~ February 8, 2012 0 · 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: TOTALMBRS. APPOINTED BY: TOTAL VAC PAGE Affordable Housing Advisory Committee Art in Public Places Capital Improvements Projects Oversight Committee Committee on the Homeless Community Development Advisory Committee 11 7 9 9 14 City Commission 9 Page 1 City Commission 1 Page 3 City Commission 2 Page 7 Commissioner Deede Weithorn 1 Page 11 Commissioner Michael G6ngora 1 Commissioner Deede Weithorn 1 Page 12 Commissioner Jonah M. Wolfson 1 Commissioner Michael G6ngora 1 i Agenda Item R9A We are committed to providing excellent public seNice and safety to a// who live, work and play in o\ Date :;L-g-17... 489 : BOARD OR COMMITTEE: Community Relations Board Convention Center Advisory Board Design Review Board Disability Access Committee Fine Arts Board Hispanic Affairs Committee Historic Preservation Board Housing Authority Marine Authority Miami Beach Commission For Women Miami Beach Cultural Arts Council VACANCIES TOTALMBRS. 17 7 7 7 14 7 7 5 7 21 9 APPOINTED BY: TOTAL VAC PAGE Jorge M. Gonzalez, City Manager Commissioner Ed Tobin City Commission Commissioner Jorge Exposito Commissioner Deede Weithorn Commissioner Jonah M. Wolfson 2 Page 14 1 Page 16 3 Page 18 1 Page 20 1 Page 21 1 Commissioner Michael G6ngora 1 Mayor Matti Herrera Bower 1 Page 26 City Commission 1 Page 27 Mayor Matti Herrera Bower 1 Page 28 Mayor Matti Herrera Bower 1 Page 30 Commissioner Ed Tobin 1 Page 31 City Commission 3 Page 32 490 VACANCIES BOARD OR COMMITTEE: TOTALMBRS. APPOINTED BY: TOTAL VAC PAGE Miami Beach Sister Cities Program Personnel Board Planning Board Police Citizens Relations Committee Production Industry Council Safety Committee Single Family Residential Review Panel Visitor and Convention Authority Waterfront Protection Committee Youth Center Advisory Board 24 10 7 17 7 14 3 7 10 10 Mayor Matti Herrera Bower City Commission City Commission Commissioner Deede Weithorn Commissioner Michael G6ngora Mayor Matti Herrera Bower Commissioner Ed Tobin Jorge M. Gonzalez, City Manager City Commission Mayor Matti Herrera Bower Commissioner Jonah M. Wolfson Attached is breakdown by Commissioner or City Commission: JMG:~t 491 6 Page 34 1 Page 38 1 Page 39 1 Page 40 1 1 Page 42 1 Page 43 3 Page 44 1 Page 48 1 Page 49 1 Page 50 CITY COMMISSION COMMITTEES COMMITTEE POSITION NAME APPOINTED BY Finance and Citywide Projects Committee; Member Commissioner Exposito Mayor Bower Member Commissioner Gongora Mayor Bower Member Commissioner Weithorn Mayor Bower Alternate Commissioner Libbin Mayor Bower Liaison Patricia Walker, Chief Financial Officer Land use and Development Committee: Member Commissioner Gongora Mayor Bower Member Commissioner Libbin Mayor Bower Member Commissioner Wolfson Mayor Bower Alternate Commissioner Tobin Mayor Bower Liaison Richard Lorber, Acting Planning Director Neighborhood/Community Affairs Committee: Member Commissioner Exposito Mayor Bower Member Commissioner Libbin Mayor Bower Member Commissioner Tobin Mayor Bower Alternate Commissioner Wolfson Mayor Bower Liaison Randi MacBride, Building Department 492 NON-CTIY COMMISSION COMMITTEES Ricky Arriola Term ending May 2014 Mitchell Kaplan Term ending September 2012 Richard Milstein Term ending July 2014 The Adrienne Arsht Center for the Performing Arts Center Trust Mayor Matti Herrera Bower Citizens Oversight Committee Greater Miami Convention and Visitors Bureau (GMVB) Tourism Development Council Metropolitan Planning Organization (MPO) Hilda Fernandez, Assistant City Manager Miami-Dade County Homeless Trust Board Commissioner Michael G6ngora Miami Dade League of Cities Vacant Dade Cultural Alliance 493 THIS PAGE INTENTIONALLY LEFT BLANK 494 & ,'MIAMI BEACH / City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager~~OJ-'J,yJ February 8, 2012 tr" DATE: 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. Health Advisory Committee 5. Miami Beach Cultural Arts Council 6. Miami Beach Human Rights Committee 7. Personnel Board 8. Visitors and Convention Authority JMG/REP F:\CLER\$ALL\MARIA-M\B & C\Commission Memo B & C FOR Other Boards 02-08-12.doc 495 · Agenda Item R q A \ Date J. -g-l L Board and Committees Current Members Affordable Housing Advisory Committee Sec. 2-167 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) two at-large who have resided in one of the city's historic districts for at least one year, and have demonstrated interest and knowledge in urban design and the preservation of historic buildings. 4) actively engaged as a for-profit provider of affordable housing; 5) actively engaged as a not-for-profit provider of affordable housing (Housing Authority member); 6) actively engaged as a real estate professional in connection with affordable housing; 8) actively serving on the local planning agency pursuant to Florida Statute § 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 Appointments To Be Made : Michael Burnstine (7) Real Estate Prof. 12/31/2011 City Commission 12/31/13 Vacancy: To replace (3) Rep. Labor Home Bl 12/31/2012 City Commission Stephanie Berman To replace (8) Local Planning Boar 12/31/2012 City Commission Jonathan Fryd To replace Roberto (6) Not For Profit 12/31/2012 City Commission DaTorre To replace Clark (9) Res. Juris. Local Gvt 12/31/2013 City Commission Reynolds To replace Dr. (1 0) Rep. Empl. with/ju 12/31/2013 City Commission Barry Ragone To replace Ada (4) Low-Income Advoc. 12/31/2013 City Commission Llerandi To replace Brian (1) Res. Home Bldg. 12/31/2012 City Commission Ehrlich To replace Lianne (11) Rep. Essential Serv 12/31/2013 City Commission Pastoriza To replace Robert (5) For Profit 12/31/2012 City Commission Sa land Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ---------·----------------···---------------- t~·nr.-,.,.,..<>."=.:'£~X'.·-"~>"~'N-.Jr,n . .;ru~~ff.'J!.,..~~"''"'...:>'-«:.>:'>>;,-c>K'<.•-t",-~-v,~.lr~~.-~·.·...-..-_,.=_,·"'~"~J!.4-'-'~..-.•_•~1'.!i(.f:lf:!;f.~PV"".-"'"''<1Xr.lt!l;~r;:<i:'<X"""•".:ll"n'~~'''''''"="""=··;;.~fJ.~.I!~-.,411.T . .o;;.;:&.>~.JOI"'n~.<n-..r.:<:~~·.,.~·.-.~-.,.,.. .... ~··&.-«51M:<>f~·.-.·•r.Ai!!e&rJ. Monday, January 30,2012 Page I of 50 496 Board and Committees Current Members Juan Applicants Amy Perry Arian Adorno Karen Fryd Mark Wohl Rojas (2) Banking/Mortgage Positionffitle 12/31/2012 City Commission Applicants Andrew Fischer Dr. Barry Ragone Marie Towers Roberto DaTorre 497 Positionffitle 12/31/16 AFFORDABLE HOUSING ADVISORY COMMITTEE (AHAC) -Eligible Appointees November 2011 Categories -One Citizen: 1 Actively engaged in the residential horne 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 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 low-Income persons in connection with 7 Actively engaged as a real estate professional in connection with affordable housinll: 8 Actively serves on the local planning agency pursuant to Florida State 163.3174 9 Resides within the jurisdiction of the local governing body making the appointments 10 Represents employers within the jurisdiction. 11 Represents essential service personnel, as defined In the LHAP Past member/eligible and Applicants/eligible for appointment to willing to be re-appointed fill vacancy Stephanie Berman/CarrFour Robert Saland/Landmark Cos. David Smith/ LG Capital Juan Rojas/ Gibraltar Bank Partners (Mtg. Banking} David Smith/ LG Capital Partners (Mtg. Banking} Jeremy Glazer/Gov't program director/The Good Governmentment Initiative Stephanie Berman Barry Ragone Robert Saland Robert Saland Muayad Abbas/real estate consultlng/Urbanis Advisors Stephanie Berman Michael Burnstine Mark Wohl/real estate investments/Marcus & Mlllichap Adrian Adorno/real estate broker/New Age Properties Andrew Fischer/real estate owner-mgr/Euclld LLC Charles Urstadt/real esate broker/Urstadt Real Estate LLC Jonathan Fryd Jonathan Fryd Clark Reynolds Michael Burnstine Stephanie Berman MarkWohl Andrew Fischer Muayad Abbas Charles Urstadt Jeremy Glazer Jeremy White Marie Towers GuySimani Barry Ragone Robert Saland Adrian Adorno Marie Towers/job developer/case worker/UNlOAD Guy Simani/business consulting- networking/YidBiz Amy Perry/hospital administration/ Mt. Sinai 452 498 REHCD RECOMMENDATION Robert Saland Juan Rojas David Smith Jeremy Glazer Muayad Abbas Stephanie Berman , MarkWohl Jonathan Fryd Michael Burnstlne GuySimani Amy Perry Board and Committees Current Members Art in Public Places Composition: Two (2) year term. Appointed by a minimum of 4 votes. Sec. 82-561 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. Cit;y Liaison : Dennis Leyva Appointments To Be Made : Lisette Olemberg Golds 12/31/2011 City Commission 12/31/14 Rhonda Mitrani-Buchman (TL 12/31/2012) 12/31/2011 City Commission 12/31/12 Vacancy: Members: Name To replace Flavia Lowenstein Last Name Position/Title 12/31/2013 City Commission Term Ends: Appointed by: Term Limit: -----·····-·-··----~---~------·---·-----·----·---------------------·-··-··-·---··--------·--···-·-·-- Elizabeth James Janda Resnick Lloyd Wetherington Megan Riley Applicants Adrian Gonzalez Annette Fromm Antoinette Zel Britta Hanson Dale Stine Elizabeth Schwartz Francis Trullenque Kathleen Kowall Leslie Tobin Lisa Austin Mark Alhadeff Molly Leis Pamela Palma Robert Barrera Silvia Ros Wetherington Janda Zarco Cyn (TL 12/31/2012) Position/Title 12/31/2012 City Commission 12/31/2012 City Commission 12/31/2012 City Commission 12/31/2012 City Commission Applicants Ana Cordero Anthony Japour Brian Levin Claire Warren David Lombardi Emma DeAibear llija Mosscrop Larkin Menezes Lisa Austin Maria Rodriguez Merri Mann Mykel (Michael) Tulloch Patricia Fuller Rosemarie Murillo Likens Stella Gelsomino Xavier Cortada Zoila Datorre 499 Position/Title 12/31/12 12/31/16 12/31/16 12/31/16 Board and Committees Current Members Capital Improvements Projects Oversight Committee 2-190-127 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 Appointments To Be Made : Saul Gross (1) Mayor Designee Christina Cuervo (C5) Developer Eleanor Carney (C4) At-large Elizabeth Camargo (C2) Architect Vacancy: Members: To replace Fred (C3) Developer Karlton To replace Richard (C5) Engineer (Rick) Kendle 12/31/2011 Mayor Matti Herrera Bower 12/31/2011 City Commission 12/31/2011 City Commission 12/31/2011 City Commission 12/31/2013 City Commission 12/31/2012 City Commission 12/31/15 12/31/13 12/31/15 12/31/13 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Dwight Stacy Tony Applicants Kraai Kilroy Trujillo Monday, January 30,2012 (2) Engineer (C3) Const/Gen Contrac (C4) Cap.Budg/Finance Positionffitle 12/31/2012 City Commission 12/31/2012 City Commission 12/31/2012 City Commission 12/31/13 12/31/13 12/31/16 Applicants Positionffitle Page 7 of 50 (Continued .... 500 Board and Committees Current Members Annsheila Turkel Cheryl Jacobs Dominique Bailleul lvette Isabel Borrello James Lloyd Josh Gimelstein Rima Gerhard Monday, January 30, 2012 Brian Ehrlich Christian Folland Gerhard Rima Jacobs Jacobs Jason Green Michael Laas Ronald Starkman 501 Page8of50 Board and Committees Current Members Health Advisory Committee Sec. 2-81 2002- Composition: Eleven (11) voting members. Appointed by the City Commission at-large, upon recommendations of the City Manager: One (1) member shall be the chief executive officer (CEO's) or a designated administrator from Mount Sinai Medical Center, One (1) member shall be the Chief Executive Officer (CEO) from Stanley C. Myers Community Health Center or his/her designee administrator; Two (2) member shall be an administrator from an Adult Congregate Living Facility (ACLF). And/or an Assisted Living Facility (ALF); One (1) member shall be a representative from the nursing profession; One (1) member shall be a health benefits provider;. · Two (2) members shall be physicians.; Two (2) members shall be consumers consisting of: 1) one (1) individual from the corporate level and; 2) one (1) private individual. One member shall be a physician or an individual with medical training or experience. There shall be one (1) non-voting ex-officio representative from each of the following: The Miami Dade County Health Department, the Health Council of South Florida, and the Fire Rescue Department. The director of the Office of the Children's Affairs shall be added as a non-voting ex- officio member of the board. City Liaison: Clifton Leonard Appointments To Be Made : Tobi Ash Nursing Profession Harold Foster Private Individual Shaheen Wirk Private Individual Baruch Jacobs M.D. Health Provider Members: Name Last Name Positiontritle Anthony Japour ACLF Dr. Andrew Nullman Physician Dr. Jay Rein berg Physician Dr. Stacey Kruger Physician Kathryn Abbate CEO MB Community Health Rachel Schuster ACLF Steven Sonenreich CEO/Mt. Sinai/MH (NTL) Maria Ruiz Marisel Losa ex-officio, Director of Children's Affairs Rep. from the Health Council of South Fla Applicants Caroline Cardenas Daniel Brady Jared Plitt Michael Steffens Samuel Reich Monday, January 30, 2012 Positionffitle 12/31/2011 City Commission 12/31115 12/31/2011 City Commission 12/31/15 12/31/2011 City Commission 12/31/15 12/31/2011 City Commission 12/31/15 Term Ends: Appointed by: Term Limit: 12/31/2012 City Commission 12/31/2012 City Commission 12/31/2012 City Commission 12/31/2012 City Commission 12/31/2012 City Commission 12/31/2012 City Commission 12/31/2012 City Commission Applicants Positionffitle Charlotte Tomic Eli Strohli Michael Baum Paul Venette Todd Narson Page24 of50 502 12/31/16 12/31/14 12/31/16 12/31/16 12/31/16 Board and Committees Current Members Miami Beach Cultural Arts Council Composition: Three (3) years term. Vacancies submitted by slate of candidates provided by the council. Sec. 2-51 Eleven (11) members to be appointed at-large by a majority vote of the Mayor and City Commission. Effective December 31 1 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 Appointments To Be Made : Zoila Ed a Gregory Vacancy: Members: Datorre Valero-Figueira Melvin To replace Ileana Bravo-Gordon To replace Solomon Genet To replace Israel Sands 12/31/2011 City Commission 12/31/2011 City Commission 12/31/2011 City Commission 12/31/2012 Oty Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/14 12/31/14 12/31/15 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ---··- Beatrice Daniel Isadore Marjorie Nina Applicants Annette Fromm Brian Levin Hornstein Nove Ia Havenick O'Neill-Butler Duval Darin Feldman Eugenio Cabreja Janda Wetherington Jenna Ward Karlene Mcleod Maria Cifuentes Marrero Melvin Brazer Michael McManus Monica Harvey Nathaniel Korn Patti Hernandez Rebecca Diaz Robert Newman Wetherington Janda Monday, January 30, 2012 Position/Title 12/31/2012 City Commission 12/31/15 12/31/2012 City Commission 12/31/15 12/31/2013 City . Commission 12/31/13 12/31/2012 City Commission 12/31/15 12131/2013 City Commission 12/31/13 Applicants Position/Title -·-------- Antoinette Zel Calvin Kohli Elizabeth Pines George Durham Jean Fils Jonathan Parker Kumar Prakash Mark Alhadeff Merle Weiss Molly Leis Monica Minagorri Oliver Oberhauser Paul Venette Robert Barrera Tamra Sheffman Zarco Cyn Page32of50 503 Board and Committees Current Members Miami Beach Human Rights Committee 2010-3669 Composition: The committee shall consist of a minimum of five (5) and a maximum of eleven (11) members, with one (1) out of every five (5) members, to be a direct appointment by the Mayor, and with the remaining members to be at-large appointments of the City Commission. The members of the committee shall reflect as nearly as possible, the diversity of individuals protected under the City's Human Rights Ordinance. In keeping with this policy, not less than two (2) months prior to making appointments or re-appointments to the committee, the City Manager shall solicit nominations from as many public service groups and other sources, which he/she deems appropriate, as possible. At least one (1) of the committee members shall possess, in addition to the general qualifications set forth herein for members, a license to practice law in the State of Florida; be an active member of and in good standing with the Florida Bar, and have experience in civil rights law. The attorney member shall also serve as chair of the committee. City Liaison: Ralph Granado Appointments To Be Made : Walker Burttschell Elsa Urquiza Alan Fishman Elizabeth Schwartz Michael Andrews Members: Name Last Name Carlos J Ortuno Dr. Barry Ragone Rafael Trevino Todd Narson Applicants Erik Carrion Michael Perlmutter William Warren Jr. Monday, January 30, 2012 Law Exec. Artistic Director Position/Title Positionffitle 12131/2011 City Commission 12/31/16 12/31/2011 Mayor Matti Herrera Bower 12/31/16 12131/2011 City Commission 12/31/16 12/31/2011 City Commission 12131/16 12/31/2011 City Commission 12/31/16 J Term Ends: Appointed by: Term Limit: 12/31/2012 City Commission 12/31/2012 City Commission 12131/2012 City Commission 12/31/2012 City Commission Applicants Positionffitle Ivana Vento Monica Harvey Page33of50 504 12131/16 12/31/16 12131/16 12/31/16 Board and Committees Current Members Personnel Board Sec. 2-190.66 Composition: Ten {10) members appointed by a 5/7 vote. Six (6) of which shalll 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 employees of regular status in the respective groups: Group I shall consist of the employees of the Police Department, Fire Department and Beach Patrol Department, Group II shall consist of employees who are in clerical and executive positions, Group III shall consist of all other employees, The Personnel Director is a non-voting member. City Liaison: Ramiro Inguanzo Appointments To Be Made : Michael Perlmutter (TL 12/31/2012) 12/31/2011 City Commission 12/31/12 Rosalie Vacancy: Members: Pincus To replace Barbara Patchen 12/31/2011 City Commission 12/31/15 12/31/2013 City Commission Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ----·-·------------------------------------ David Gabriel Mojdeh Alschuler Paez Khaghan (TL 12/31/2012) 12/31/2012 City Commission 12/31/12 Christopher Diaz Evette Phillips George castell Ramiro Inguanzo Applicants Brent Coetzee Elsa Orlandini Raquel Elejabarrieta 12/31/2012 City Commission 12/31/15 12/31/2012 City Commission 12/31/16 elected 07/20/2011 exp. 7/31/2014-Group I elected 06/26/2009 exp. 7/31/2012 Group III elected 07/23/2010 exp. 7/31/2013 Group II Human Resources Director Position/Title Applicants Carlos Condarco Gail Harris Richard Preira Position/Title Monday, January 30, 2012 Page38of50 505 Board and Committees Current Members Visitor and Convention Authority Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) member who shall be permanent residents of Miami-Dade County. Sec. 102-246 The seven (7) members of the authority shall be representative of the community as follows: 1) Not less than two (2) nor more than three (3) members shall be representative of the hotel industry; 2) and the remaining members none of whom shall be representative of the hotel industry, shall represent the community at-large. Any member of the authority or employee therefore violating or failing to comply with provisions of this article shall be deem to have vacated his office or position. City Liaison: Grisette Roque. Appointments To Be Made : Jaqueline Hertz At-large Jeff Lehman Hotellndustry Micky Ross Steinberg At-large Keith Menin Hotellndustry Vacancy: Members: To replace Elsie Sterling Howard At-large 12/31/2011 City Commission 12/31/2011 City Commission 12/31/2011 City Commission 12/31/2011 City Commission 12/31/2012 City Commission 12/31/13 12/31/13 12/31/15 12/31/15 Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Aaron Steven Applicants Antoinette Zel Calvin Kohli Perry Adkins Christopher Todd Eric Lawrence George Castillo Ileana Bravo-Gordon James Lloyd Joy Malakoff Karlene Mcleod Margaret (Peggy) Benua Mykel (Michael) Tulloch Nesip Toykan Steven Gonzalez Monday, January 30, 2012 At-Large At-large Position/Title 12/31/2012 City Commission 12/31/2012 City Commission Applicants Brian Richard Christine Taplin Diana Fontani Martinez Frank Kruszewski Harold Foster Israel Sands Jeffrey Graff Karen Brown Leif Bertrand Mark Tamis Natalia Datorre Prakash Kumar Zahara Mossman 506 Position/Title Page48of50 12/31/16 12/31/14 IV\ I A/V\ I ?VISITOR /\ND [ ' v··-~. (~·~ [ r. CONVENTION d.,~·-Jj: ~-"~t AUTHORITY ..,.,'if~=i \-._,.!. January 30, 2012 Mayor and Commission City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Dear Mayor and Commission: The Miami Beach Visitor and Convention Authority (MBVCA) would like to thank you for your support of our efforts for FY 2011/2012. To assist the MBVCA in conducting business, we kindly request the reappointment of our Chair, Jeff Lehman and members Jacqueline Hertz, Keith Menin, and Micky Ross Steinberg. We will be sending another letter with a slate of recommendations for the vacancy caused by the term limit of our Chair Elsie Sterling Howard. Jeff Lehman, Chair (Hotelier) was appointed Chair of the MBVCA on January 27,2012. He was appointed to the MBVCA in February 2008 after previously serving on the board from 2001 through 2007. He has been working in the Hospitality Industry in Miami Beach for the past 14 years. He is currently managing the Betsy Hotel, a boutique property in Miami Beach's South Beach. Prior to this, he assisted with the restoration of Miami Beach's historic gem, the National Hotel, and was the hotel's General Manager until it was sold in 2007. His extensive experience in the hotel and cruise industries span 30 years and has included positions in Tahiti, Japan, Hawaii, Seattle, San Francisco, Miami and his hometown, Los Angeles. He has also served as a board member on the Greater Miami Convention & Visitors Bureau Board of Directors,. Mayor's Blue Ribbon Task Force on Tourism and was the past Vice Chair of the Collins Avenue Reconstruction Task Force. He currently is on the Board of the Greater Miami & the Beaches Hotel Association. In 2009, Mr. Lehman accompanied Mayor Bower and a local delegation on a goodwill journey to our sister city of Fujisawa, Japan, to further this diplomatic and economic relationship. Mr. Lehman was re-elected as the MBVCA's Vice Chair in December 2008. Jacque Hertz (At-Large) was appointed to the MBVCA in January 2008 and is an At-Large member. She is the founder and owner of Angel Care Management, Inc. and a longtime Miami Beach resident. Ms. Hertz is the current President of the Douglas Gardens Community Mental Health Center and the South Florida Guardianship Association and serves on several other boards including AYUDA, Florida State Guardianship Association, Miami Jewish Home & Hospital and is a Founder at Mount Sinai Medical Center and Miami Jewish Home & Hospital. Ms. Hertz's many recognitions include receiving 'A Woman Worth Knowing' award from the City of Miami Beach Commission on the Status of Women; a Humanitarian Award from Prime Time Seniors, Inc.; "Woman of the Year'' award from the Junior Auxiliary of the Miami Jewish Home & Hospital, and a Certificate of Appreciation from the Circuit Court of the State of Florida, Eleventh Judicial Circuit in Miami -Dade County. Keith Men in (Hotelier) was appointed to the MBVCA in February 2010. A resident of Miami Beach since childhood, Principal of Menin Hotels Keith Menin began his career in the hospitality industry at the front desk of The Shelborne Hotel while he was still in high school. Shortly thereafter, he attended The School of Hotel Administration at Cornell University and began to design his first hotel, The Sanctuary South Beach, at the age of 24. At 26, Menin had a new idea to convert a residential building on West Avenue, fronting Biscayne Bay to a hotel residence. Partnering with Morgans Hotel Group, Menin successfully created the impressive Mondrian South Beach. Menin has since developed Bentley Hotel South Beach, the Raffaello Hotel in Chicago and his latest venture the same hotel where he was employed at the age of 15, The Shelborne. A portfolio that even the most seasoned hoteliers would be envious of, Menin has added restaurants to the list such as Vesper Cafe & Brasserie, Pizza Bar, Bar Tanaka and Lucy's Cantina Royale. 777 17th Street " Suite 402A ~ Miami Beach, Florida 33139 " www.miamibeachvca.com ~ Tel: 305-673-7050 ~ Fax: 305-673-7282 507 Micky Ross Steinberg (At-Large) was appointed to the MBVCA in April 2010. Not only is she a successful Realtor with Palm Properties of South Florida, but she has deep roots in Miami Beach and continues to contribute to the betterment of our great City. Micky grew up in Miami Beach and is now raising her two year old daughter here with her husband, State Representative Richard Steinberg. Prior to dedicating herself full time as a Realtor, Micky worked in special event planning, nightlife and restaurant businesses in Miami Beach. Among her various civic involvements, Micky was a member of the Miami Beach Police Department's Police/Citizen Relations Committee, Public Policy Committee of Jewish Community Services, the Greater Miami Jewish Federation and is a Lifetime Member of Hadassah. Because of her civic involvement, Micky was recognized as a Woman of Valor by the Aventura Turn berry Jewish Center in 2008. The MBVCA continues to have a significant commitment to tourism and tourist-related issues in Miami Beach; recruiting knowledgeable and experienced members to our Board is critical. We are available to answer any questions, when and if they arise. Thank you for your attention. li ;oque arcos Executive Director Cc: Robert Parcher, City Clerk MBVCA Board Members Harold Rosen, Esq. 508 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Matti Herrera Bower, Mayor (t-....J ~ M" f3 DATE: January 13, 2012 SUBJECT: Boards& Committees: appointment of a member to the Housing Authority Please place on the Feb. 8, 2012 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 6157. Thank you. MHB/rw We ore commitled to providing excellent public seNice and safety Ia all who live, work, and ploy in oq i Agenda Item ·R9 A{_ Date ')...--t-1 2- 509 THIS PAGE INTENTIONALLY LEFT BLANK 510 R9 -New Business and Commission Requests R981 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R982 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.) AGENDA ITEM: R981-2 DATE: 2-K-/2- 511 THIS PAGE INTENTIONALLY LEFT BLANK 512 (9 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Ed Tobin, Commissioner DATE: October 14, 2011 SUBJECT: Agenda Item for October 19th City Commission Meeting Please place on the October 19th, 2011 Commission Meeting Agenda a discussion and update regarding the Tennis Management Contract RFP. If you have any questions please contact, Dessiree Kane at Extension 627 4 ET/dk r . j We are cammlfted to providing excellent public service and safety to all who live. work, and ploy in o Agenda Item R q (__ Date 2.-&'-1 L 513 ....... THIS PAGE INTENTIONALLY LEFT BLANK 514 lD MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Jonah Wolfson, Commissioner DATE: November 7'h, 2011 SUBJECT: Agenda Discussion Item Please place on the December 14'h, 2011, Commission meeting agenda a discussion item for the City Commission to talk about the creation of a Tennis Committee. If you have any questions, please contact Leonor Hernandez at extension 6437. JW/Ih THIS PAGE INTENTIONALLY LEFT BLANK 516 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge Gonzalez, City Manager FROM: Michael Gongora, Commissioner DATE: December 7, 2011 SUBJECT: Agenda Item for December 14, 2011 Commission Meeting Please place on the December 14, 2011 Commission Meeting agenda as a discussion item regarding an ordinance on creating a committee entitled the Tennis Advisory Committee. The mission of the committee would be to improve the lives of the residents by promoting the development and sound management of public facilities dedicated to the sport of tennis in Miami Beach. The powers and the duties of the committee would be to provide reports and make recommendations as to the use, management, and development of public tennis facilities to the appropriate city officials. The committee would consist of a seven member committee each appointed by the Mayor and Commission. Please see attached ordinance. Another alternative is to combine the Golf Advisory Committee and Tennis Advisory Committee and then the Mayor and Commissioners can have two appointees to the newly created Golf and Tennis Advisory Committee. If you have any questions, please contact Diana Fontani Martinez at extension 7103. Attachment MG/df 517 ' Agenda Item 'R 9 E Date ;2-8'-12- ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY CREATING DIVISION 33, TO BE ENTITLED "TENNIS ADVISORY COMMITTEE," AND BY CREATING SECTIONS 2- 190.148 THROUGH 2-190.153 THERETO TO CREATE A TENNIS ADVISORY COMMITTEE AND PROVISIONS ESTABLISHING THE COMMITTEE AND ITS MISSION, POWERS, DUTIES, COMPOSITION, AND SUPPORTING DEPARTMENT; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, tennis is a popular recreational sport enjoyed by many residents and visitors in the City of Miami Beach; and WHEREAS, in order to improve the lives of the residents in the City of Miami Beach by promoting the development and sound management of public tennis facilities, a Tennis Advisory Committee should be created. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS: SECTION 1. That Chapter 2, Article Ill, of the Miami Beach City Code is hereby amended to create Division 33 thereof, and Sections 2-190.148 through 2-190.153 thereto, as follows: DIVISION 33. TENNIS ADVISORY COMMITTEE Section 2-190.148. Establishment. There is hereby established the Tennis Advisory Committee. whose mission. powers. duties. and composition are set forth below. Section 2-190.149. Mission. To improve the lives of residents by promoting the development and sound management of public facilities dedicated to the sport of tennis in Miami Beach. Section 2-190.150. Powers and Duties. To provide reports and to make advisory recommendations as to the use. management, and development of public tennis facilities to the appropriate city officials who may include the City Commission. the City Manager. the Historic Preservation Board. the Capital Improvements Projects Office. and/or any other applicable committees or boards whose policies influence the sport of tennis in Miami Beach. 518 Section 2-190.151. Composition. The Committee shall be composed of seven (7) members, each of whom shall be voting members who have demonstrated a high degree of interest. participation, and/or expertise in the sport of tennis. The Mayor and City Commissioners shall each make one direct appointment. Section 2-190.152. Other Committees. The chairperson of the Tennis Advisory Committee, or his or her designee, shall serve as a nonvoting, ex officio member of the Parks and Recreational Facilities Board. Section 2-190.153. Supporting Department. The supporting department of the committee is the Parks and Recreation Department. SECTION 3. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 5. Codification. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 6. Effective Date. This Ordinance shall take effect the day of December, 2011. PASSED and ADOPTED this day of December, 2011. ATTEST: ROBERT PARCHER, CITY CLERK Underline denotes additions MATTI HERRERA BOWER MAYOR F:\atto\TURN\ORDINANC\Creating Committee-Tennis Advisory Committee.doc 2 519 THIS PAGE INTENTIONALLY LEFT BLANK 520 ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gocnzalez, City Manager FROM: Ed Tobin, Commissioner DATE: December 5, 2011 SUBJECT: Agenda Item for December 14th Commission Meeting Please place on the December 14th, 2011 Commission Meeting Agenda a request for a discussion and update of the City Wide Dunes Maintenance Plan. If you have any questions please contact, Dessiree Kane at Extension 627 4 ET/dk We are committed to providing excellent public service and safe~, to all who live, work, and play in our Agenda Item R. 9 P Date :J-.-l?--1 2- 521 THIS PAGE INTENTIONALLY LEFT BLANK 522 (9 MIAMIBEA H OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Jorge M. Gonzalez, City Manager Robert Parcher, City Clerk Jorge R. Exposito, Commissioner November 16, 2011 Agenda item: Construction Communications MEMORANDUM Please place a discussion item on the December 14, 2011 Commission Meeting agenda regarding communications about the progress of projects and construction to the local residents. 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, JRE/bp We are committed to providing excellent public service and safety to all who live, work, and play in our vi 523 Agenda ltem___,:/_~_.;..9-=-C-__ Date 2-Y-IL _...;;...__;:;,_,;,-=;__ THIS PAGE INTENTIONALLY LEFT BLANK 524 (9 MIAMIBE CH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Jorge M. Gonzalez, City Manager Robert Parcher, City Clerk Jorge R. Exposito, Commissioner December 21, 2011 Agenda item: Spring Break MEMORANDUM Please place a discussion item on the January 11, 2012 Commission Meeting agenda regarding the status of the major event plan for the Winter Music Conference and Spring Break. We trust that you will find all in good order. Should you have any questions, please feel free to contact my aide, Barbie Paredes at 6457. Best regards, JRE/bp We are commilled to providing excellent public service and salf't,· to all who :,ve, work, and play in our vib~ 1 Agenda ltem._..;_R_q"--1{_,___ Date 2 -f{ -I L 525 THIS PAGE INTENTIONALLY LEFT BLANK 526 COMMISSION MEMORANDUM TO: Honorable Mayor Matti Herrera Bower Members of the City Commission CC: FROM: DATE: February 8, 2012 SUBJECT: The Florida Legislature's 2011 Amendments to the Florida Uniform Firearms Act and City of Miami Beach Resolution Urging the Repeal of the 2011 Amendments. At the January 11, 2012 Commission meeting, the City Commission asked the City Attorney to consider the options to oppose the penalty provisions in the 2011 amendments to the Joe Carlucci Uniform Firearms Act ("Firearms Act"). The following is a summary of the new legislation and a recent legal challenge thereto filed by Palm Beach County. In addition, attached hereto is a Resolution for consideration by the Mayor and City Commission urging the Florida Legislature to repeal the 2011 amendments. In 1987, the Florida Legislature enacted the Firearms Act expressly preempting to the State the regulation of firearms and ammunition, with certain limited exceptions. In 2011, the Florida Legislature amended the Firearms Act to expand the preemption of firearms regulation to include the storage of firearms and ammunition. In addition, the 2011 amendments established penalties for local government officials and local governmental entities that violate the preemption by "enacting or causing to be enforced any local ordinance or administrative rule or regulation impinging upon such exclusive occupation of the field." §790.33(3)(a), Fla. Stat. The new penalties include injunctive relief against the governmental entity; up to a $5000.00 fine for knowing and willful violations by government officials; the termination of employment or contract of any person acting in an official capacity for a knowing and willful violation of the Firearms Act or removal from office by the Governor; and reasonable attorney's fees, costs, actual damages up to $100,000.00, and interest shall be awarded to a prevailing party in a suit brought by an adversely affected person or organization §790.33(3)(a)-(f), Fla. Stat. The Firearms Act also provides that it is no defense that a local government acted in good faith or upon advice of counsel in enacting an Agenda Item R Cf :C.. 527 Date ;2..-(-/L ordinance or regulation in violation of the Act. §790.33(3)(b), Fla. Stat. Moreover, public funds may not be used to defend or reimburse a person found to have knowingly and willfully violated the Act. §790.33(3)(d), Fla. Stat. On December 6, 2011, the Palm Beach County Board of County Commissioners, and five named Commissioners in their individual and official capacities, filed a Complaint for Declaratory and Injunctive Relief in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County against Governor Rick Scott, Florida Attorney General Pam Bondi, the Florida Senate, and the Florida House of Representatives. The Complaint challenges the 2011 amendments to the Firearms Act on various grounds. (A copy of the Complaint will be provided to you under separate cover). In the Complaint, the Plaintiffs seek: 1) a declaratory judgment that the new sanctions in the Firearms Act violate the Plaintiffs' rights to legislative immunity in the enactment of legislation, including but not limited to ordinances and resolutions; 2) injunctive relief to enjoin the enforcement of the new sanctions imposed by the Act on the basis that such sanctions violate legislative immunity enjoyed by Plaintiffs and the enacting of legislation requires discretion and, therefore, is not a ministerial act subject to sanctions; 3) a declaratory judgment that the sanction of removal from office by the Governor is an unlawful delegation of power by the Florida Legislature to the Governor and violates the separation of powers doctrine. Specifically, Plaintiffs assert that, under the Florida Constitution, it is the Senate that has the power to remove a local official from office or to reinstate a suspended official. It is within the Governor's initial discretion to determine whether a particular set of circumstances warrants suspension. The Senate has no power to either expand the categories for which the Governor may suspend an official or to mandate a finding that a certain act fits within one of the discretionary categories for suspension; and 4) injunctive relief to enjoin the enforcement of the removal from office sanction because such sanction constitutes an unlawful delegation of power to the Governor and violates the separation of powers doctrine because it is the Senate that has the authority to remove an official from office. The Defendants' response to the Complaint is due to be filed on Monday, January 30, 2012. We are closely monitoring the Palm Beach County case and we will keep you advised as to the status of the litigation. JS/DT/mem F:\A TIO\SMIJ\Memore-firearmsJanuary2012.docx 528 RESOLUTION NO. 2012-__ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA URGING THE FLORIDA LEGISLATURE TO REPEAL THE PENALTY PROVISIONS IN THE JOE CARLUCCI UNIFORM FIREARMS ACT WHICH WERE ENACTED DURING THE 2011 FLORIDA LEGISLATIVE SESSION AND WHICH BECAME EFFECTIVE OCTOBER 1, 2011. WHEREAS, there are various provisions in the Florida Statutes which preempt certain areas of regulation to the State Florida; and WHEREAS, in an unprecedented action, the Florida Legislature amended the Joe Carlucci Uniform Firearms Act ("Act") during its 2011 legislative session to not only clarify and expand its preemption in the area of the regulation of firearms and ammunition, but it enacted fines and penalty provision against local governments and their officials when they enact or cause or to be enforced any local ordinance, administrative rule, or regulation impinging upon the exclusive occupation of the field of firearm regulation by the State of Florida; and WHEREAS, the fine and penalty provisions in the Act include: injunctive relief against governmental entities; up to a $5000.00 fine for knowing and willful violations by government officials; the termination of employment or contract of any person acting in an official capacity for a knowing and willful violation of the Act or removal from office by the Governor; and the mandatory award of reasonable attorney's fees, costs, actual damages up to $100,000.00, and interest to a prevailing party in a suit brought by an adversely affected person or organization; and WHEREAS, local government officials and local governments around the State, including the Mayor and City Commission for the City of Miami Beach, oppose the new penalty amendments in the Act on the bases that they are a) unconstitutional and contravene the legislative immunity of local government officials and b) violate the separation of powers doctrine with regard to the authority given to the Governor in the Act to remove local officials when such authority is vested in the Florida Senate pursuant to the Florida Constitution; and WHEREAS, in particular, the Palm Beach County Board of County Commissioners, and five named Commissioners in their individual and official capacities, have filed a complaint for declaratory and injunctive relief against Governor Rick Scott, Pam Bondi, the Florida Senate, and the Florida House of Representatives in the Circuit Court of the 151h Judicial Circuit in and for Palm Beach County, Florida, on the bases that the penalty provisions in the Act violate the Florida Constitution and the principles of legislative immunity. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that, based upon the foregoing reasons, the Florida Legislature is hereby urged to repeal the penalty provisions in the Joe Carlucci Uniform Firearms Act. PASSED AND ADOPTED this ____ day of _____ , 2012. ATTEST: Mayor Matti Herrera Bower City Clerk Robert Parcher F:\ATIO\TURN\RESOS\Repeal Penalty Provisions-Firearms Act.docx 529 .. :; :.: ,· THIS PAGE INTENTIONALLY LEFT BLANK 530 (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manage~ ,.r '--6 February 8, 2012 o Discussion of the Traffic Analysis of the Proposed Relocation of Towing Storage Facilities to Terminal Island BACKGROUND The Finance and Citywide Projects Committee (FCWPC) at the December 27, 2011 meeting, requested that this issue be discussed by the full City Commission. The City Commission originally discussed the viability of storing City directed towed vehicles on Terminal Island on June 1, 2011. At that meeting, Commissioner Tobin made the motion to direct staff to conduct a traffic impact study for the proposed relocation of towing storage facilities to Terminal Island. City staff developed a scope of work and subsequently requested quotes from three consulting firms. Atkins was one of the proposers and the selected firm to conduct the study. Following the completion of the Draft Traffic Impact Study, a meeting took place on September 8, 2011, with representatives of Terminal Island, Fisher Island, City staff and Atkins to discuss the findings of the study and to request that they be taken into consideration as part of the development of the scope of work for the proposed parking garage on Terminal Island. Alternatives to improve the operation of the intersection of Terminal Island at the MacArthur Causeway were also part of the discussion. ANALYSIS The City of Miami Beach is considering the relocation of the towing storage facilities currently provided by two towing companies with facilities located in the Sunset Harbor area to the City's property on Terminal Island. The Traffic Impact Study analyzes the current conditions of the adjacent transportation system and evaluates the impact of the relocation within the study area in the opening year 2013. Along with the proposed relocation of the towing storage there are other changes currently being considered at Terminal Island. These include a newly proposed garage (Sun Terminal) to be located where a parking lot currently exists east of the City's property along with a new ferry terminal that will be dedicated for the service personnel and employees to Fisher Island. The ferry terminal currently operational west of Terminal Island is proposed to be maintained but to be used solely by residents and guests to Fisher Island. It is anticipated that there will be additional vehicular traffic due to committed new development at Fisher Island. Currently the intersection of Terminal Island and McArthur Causeway has a complex geometry and inefficient signal operation. With three independent approaches at 531 • Agenda Item R q J Date 2-o '"FL. February 8, 2012 Discussion of the Traffic Analysis of the Proposed Relocation of Towing Storage Facilities to Terminal Island Page 2of 5 Terminal Island at this intersection, multiple signal phases are needed. Whenever there is a signal call on the Terminal Island side, it stops all the traffic movements at the intersection including the very heavy traffic going eastbound and westbound on the McArthur Causeway to clear the three phases one at a time. The driver's sight distance is poor and the grade separation between the entrance to Terminal Island and the McArthur Causeway further forces the drivers to move slowly as they negotiate this intersection. This leads to heavy intersection delays especially during the AM and PM peak periods. If the geometry of this intersection is simplified it is expected to operate under acceptable levels of service. Evaluation of the intersections within the study area shows that both the intersections of Terminal Island and McArthur Causeway and Alton Road at 5th Street currently operate at failed conditions or levels of service (LOS) F. However, the anticipated impact of the tow trucks at the intersection of Alton Road and 5th Street is negligible and this intersection is geometrically constrained. The traffic growth from year 2011 to year 2013 is approximately 1.3%, which along with the committed developments results in a minor increase in traffic volume. The future operating conditions with background traffic volumes and traffic volumes due to committed developments cause these intersections to continue to fail at slightly worse than the existing conditions. With the proposed relocation of the towing storage facilities to Terminal Island, it is anticipated that during the peak hours there will be two trucks coming to Terminal Island and two leaving to go to Miami Beach. This volume is negligible and when added to the intersections it causes negligible increase in delay. However, the intersection at Terminal Island and McArthur Causeway which is currently failing will need to be improved to handle the additional traffic volumes. Table 1 illustrates the total number of trips from committed development traffic that will be added to the intersection of Terminal Island at the MacArthur Causeway during the peak hours. The total trips generated by the proposed towing storage facilities were added to the numbers described below. Table 1: Committed Development Traffic AM Inbound Resident = 1 vph Outbound Resident = 9 vph Peak 40vph Hour Inbound Non Resident = 23vph Outbound Non Resident = 7 vph PM Inbound Resident = 6vph Outbound Resident = 5 vph Peak 53 vph Hour Inbound Non Resident= 6 vph Outbound Non Resident = 36 vph IMPROVEMENT ALTERNATIVES As part of secondary findings of this study, several improvement alternatives were developed to simplify the geometry and traffic operation at the intersection of Terminal Island and McArthur Causeway. All these alternatives developed will result in a significant improvement in the intersection operation. However the associated levels of 532 February 8, 2012 Discussion of the Traffic Analysis of the Proposed Relocation of Towing Storage Facilities to Terminal Island Page 3of5 service will range between LOS C and LOS D from the current LOS F. The Terminal Island intersection with the McArthur Causeway has an extremely complex geometric and traffic operation which negatively impacts the level of service. Even with relatively low volumes of traffic on Terminal Island, the impact to the McArthur Causeway is significant. This intersection has three independently signalized phases that allow only one approach to move while the other approaches on Terminal Island as well as the traffic on the McArthur Causeway have to stop. Vehicles move slowly through this intersection in order to negotiate geometrically unfriendly conditions consisting mainly of poor sight distances and grade differences between the entrance to Terminal Island and the MacArthur Causeway. Therefore, to improve the operation at this intersection, it is critical that the complex signal phasing operation is streamlined and instead of three independent phases, only one is kept and the approach is improved so that drivers arriving at the stop bar and exiting Terminal Island would be able to see oncoming traffic on the MacArthur Causeway and their arrival travel lane. Also, by streamlining the operation, the traffic volume destined to the City of Miami Beach from Terminal Island is moved to the slip right turning lane located east of this signalized intersection so that all traffic making a right turn at the Terminal Island and MacArthur Causeway intersection is completely removed which adds another benefit to the effective operation of the traffic signal. The attached Draft Traffic Impact Study includes a figure for each of the following alternatives: Alternative I (Figure 4): It assumes that the existing ferry operation will be either completely relocated to the east of Terminal Island or that the access to and from the existing ferry terminal would be moved to the intersection of Bridge Road and the MacArthur Causeway (as shown in Alternative V). This alternative assumes that the current FP&L access which is located south of this intersection will be moved further east where there is an existing gated access. Alternative II (Figure 5): It is similar to Alternative I but allows ingress only to FP&L at this intersection. Egress would potentially occur at the gate located east of this intersection. This also allows vehicles from FP&L destined to Miami Beach to use the right-turning slip lane which lessens the impact at the signal. Although this alternative was reviewed if was not found to be feasible because of the difficulty mixing services trucks and passenger vehicles within the FPL's property. Alternative Ill (Figure 6): This alternative is similar to Alternative II but allows egress and ingress from FP&L. However, this egress is to make a right-turn movement only. A "jug-handle" turn-around proposed near the FP&L gate will allow vehicles to turn either to Miami Beach using the exclusive slip lane or to the signalized intersection heading westbound on the MacArthur Causeway. 533 February 8, 2012 Discussion of the Traffic Analysis of the Proposed Relocation of Towing Storage Facilities to Terminal Island Page 4of5 Alternative IV (Figure 7): This alternative improves the geometry significantly by moving the western approach and the southern approach to Terminal Island further away from the intersection. This will streamline the operation so that all vehicles heading eastbound and northbound make a right-turning movement only inside Terminal Island. This traffic will not impact the signal at all. Additionally the "jug-handle" concept could also be implemented in this alternative as shown in Alternative Ill. Alternative V (Figure 8): This alternative demonstrates the concept of connecting the existing ferry terminal west of Terminal Island at Bridge Road intersection and disconnecting it from the existing Terminal Island signalized intersection. A new left turn lane will need to be introduced on the MacArthur Causeway to this ferry terminal. A single lane exit is sufficient to handle traffic volumes without negatively impacting the operation. However, the concept could allow for additional lanes if needed. This concept will streamline the operation for both intersections at Terminal Island and Bridge Road since the two intersections are so close they operate as one. Therefore the overall vehicular delays to all users including those on the MacArthur Causeway will be reduced significantly resulting in an estimated overall improved level of service LOS C. All of these conceptual alternatives will however require additional studies to determine feasibility and costs. Alternative V additionally could have potential environmental impacts that will need to be further studied to determine probable costs and therefore feasibility. Incremental Improvements: As a result of exploring these alternatives the possibility of incremental or phase improvements type approach was also considered. For instance, relocating the current FP&L access with a dedicated signal phase to the west of its existing location would have a significant improvement on the operation of the intersection of the Terminal Island and MacArthur Causeway intersection. The traffic model calculations show that by relocating the FP&L access to the west, the intersection of Terminal Island at the MacArthur Causeway would operate at LOS E in the morning peak hour and would remain at LOS F but with significant delay reduction from existing 389.2 to 196.0 seconds in the afternoon peak hour. Attached is a drawing illustrating the proposed relocation of the FP&L access to the west as an incremental improvement that would provide some relief to this already busy intersection. CONCLUSION Moving the towing storage facilities to Terminal Island is feasible but it could have some impact on the daily operation of the City's Fleet Management and the Sanitation Department located at Terminal Island. The biggest problem would deal with the accommodation of the displaced parking areas that the new towed vehicle storage facility would occupy. Partnering with the adjacent property owners would be required in order to explore opportunities that would improve the City's operations and to proceed with any of the alternative improvements that physically modify the circulation on the 534 February 8, 2012 Discussion of the Traffic Analysis of the Proposed Relocation of Towing Storage Facilities to Terminal Island Page 5of 5 island. These are analyzed in the attached Traffic Impact Study. In order to gain a better understanding of the most feasible alternative to consider, further discussions with FP&L would be a very important part of the process at this time. Determining the future impacts of the proposed parking garage will also need to be part of the evaluation. As a first step the Administration recommends that we reach out to FP&L and begin discussing the possibility of relocating the entrance to their facility in order to create significant reduction in the delay caused by the existing signal phase at this intersection. At this time the Administration is seeking further policy direction from the Commission. Attachments: A) Draft Traffic Impact Study for Relocation of Towing Storage Facilities B) Drawing illustrating proposed relocation of existing FP&L's access to the west JMG/~UXF t:\agenda\2012\2-8-12\terminal island towing storage discussion item.docx 535 From: Sent: To: Cc: Subject: Attachments: Importance: Tim Rose [tim.rose@phsislands.org] Tuesday, January 10, 2012 1:35 PM Weithorn, Deede; Tobin, Ed; Libbin, Jerry; Wolfson, Jonah; Exposito, Jorge; Bower, Matti H.; Gongora, Michael Parcher, Robert; Gomez, Jorge; Barbara Hagen; 'Gib Oxios'; Hans C. Mueller; 'Hans Mueller'; Mary Jo Garrity; 'Neil Fairman'; Pierre De Agostini; Steve & Linda Evans PHS Islands-Terminal Island Towing Facility Ltr-Towing Lot.doc High Madam Mayor & Members of the Commission- I understand that the topic of a Towing Facility on Terminal Island may be discussed at tomorrow's City Commission Meeting. Please allow me to express our near unanimous opposition to a new towing facility to be located on Terminal Island. The MacArthur Causeway's greatly increased traffic, speeding, accidents, construction at both ends of the Causeway, construction vehicles coming to our neighborhood and others that use the Causeway, lane closures, traffic light synchronization, special events on the Causeway and special events in the surrounding Miami-Dade County community all make this idea very bad for our neighborhood and for the Beach as a whole. Attached please find a letter, dated May 31, 2011, from our Board President, Hans Mueller, that supports our view at that time. It is still our view, even more so. The last thing we need is to have more very slowly moving vehicles, towing other vehicles behind them, moving in and out of Terminal Island through the traffic light intersection that is already backed up. It can take our residents 30-45 minutes to reach the Beach at times. Please consider our concerns and do not approve this very bad idea. Thank you for your consideration of our view in this matter. Tim Tim W. Rose, Jr. Executive Director Palm-Hibiscus-Star Islands Association 152 Palm Avenue Miami Beach, FL 33139 305-299-2617 1 536 ISLANDS ASSOCIATION, INC. May 31,2011 Mayor Mattie Bower Commissioner Michael Gongora Commissioner Jorge Exposito Commissioner Jerry Libbin Commissioner Ed Tobin Commissioner Deede Weithom Commissioner Jonah Wolfson RE: Possible Tow Lot on Terminal Island Madam Mayor and Commissioners; I am writing to you on behalf of the Board of Directors and residents of the Palm-Hibiscus-Star Islands Association about the subject of a potential towing lot on Terminal Island. After seeking the opinion of our residents, the vast majority are against the suggestion that the City of Miami Beach establish a towing lot on Terminal Island for those vehicles towed by the City. Short notice and the long holiday weekend will prevent many of our residents from attending the Commission Meeting on June l 8t. The MacArthur Causeway is the major artery connecting our neighborhood to areas outside, in the City of Miami Beach, the City of Miami and points beyond. Obviously, this will add traffic (slow moving traffic) to the already packed MacArthur Causeway and the traffic light intersections, including the Fountain Street/MacArthur Causeway intersection (entrance to Palm and Hibiscus Islands), the Bridge Street/MacArthur Causeway intersection (entrance to Star Island), the Terminal Island/MacArthur Causeway intersection and the 5th Street/ Alton Road intersection. This is in addition to the Port of Miami Tunnel Project, the new Star Island Roadway Project, construction on South Beach, the upcoming Palm and Hibiscus Islands GO Bond Projects, the Hibiscus Island Undergrounding Project and the many busy weekends in the community such as the Memorial Day Weekend, the Fourth of July Weekend, Labor Day Weekend, Art Basel, the Boat Show, the Orange Bowl, Super Bowls, Marathons, etc., etc., etc. We have cooperated with all of the above activities and continue to be supporting of those and other activities that benefit the City, the community and the local economy. This proposal goes way beyond those activities that we can support. Our residents strongly encourage the City Commission and City Administration to look elsewhere for a suitable site for a vehicle storage area when vehicles in the City are towed. Sincerely, Hans C. Mueller President 152 Palm Avenue • Miami Beach, FL 33139 537 Transportation Impact Study for Proposed Relocation of Towing Storage Facilities to Terminal Island DRAFT Prepared By IN August 22, 2011 538 EXECUTIVES~Y The City of Miami Beach is considering the relocation of the towing storage facilities currently operational in Miami Beach to Terminal Island. This study analyzes the current traffic conditions within the study area and evaluates the impact of the tow truck relocation within the study area in the opening year 2013. Along with the proposed relocation of the tow truck storage there are other changes currently being considered at Terminal Island including a newly proposed garage (Sun Terminal) to be located where a parking lot currently exists east of Terminal Island along with a new ferry terminal that will be dedicated for the service personnel and employees to Fisher Island. The current ferry terminal currently operational west of Terminal Island is proposed to be maintained but to be used by residents and guests to Fisher Island. It is anticipated that there will be additional vehicular traffic due to committed new development at Fisher Island. Currently the intersection of Terminal Island and McArthur Causeway has a complex geometry and inefficient signal operation. With three independent approaches at Terminal Island at this intersection, multiple signal phases currently are needed. Whenever there is a signal call on the Terminal Island side, it stops all the traffic at the intersection including the very heavy traffic going Eastbound and Westbound on McArthur Causeway to clear the three phases one at a time. The driver's sight distance is poor and the grade separation between Terminal Island and McArthur Causeway further forces the drivers to drive slowly as they negotiate this intersection. This leads to heavy intersection delays especially during the AM and PM peak periods. If the geometry of this intersection is simplified it is expected to operate under acceptable levels of service. Evaluation of the intersections within the study area shows that both the intersections of Terminal Island and McArthur Causeway and Alton Road and 5th Street currently operate at failed conditions (LOS "F"). However, the impact of the tow trucks at the intersection of Alton Road and 5th Street is negligible and this intersection is geometrically-constrained. The traffic growth from year 2011 to year 2013 is approximately 1.3%, which along with the committed developments results in a minor increase in traffic volume. The future operating conditions with background traffic volumes and traffic volumes due to committed developments cause these intersections to continue to fail at slightly worse than the existing conditions. With the proposed relocation of tow truck storage to Terminal Island, it is anticipated that during peak hours there will be 2 trucks coming to Terminal Island and two leaving to go to Miami Beach. This volume is negligible and when added to the intersections causes negligible increase in delay. However, the intersection at Terminal Island and McArthur Causeway which is currently failing will need to be improved to handle the additional traffic volumes. Several improvement alternatives were developed to simplify the geometry and traffic operation at the intersection of Terminal Island and McArthur Causeway. All these alternatives developed will result in a significant improvement in the intersection operation. However the associated levels of service will range between LOS "C" and LOS "D" from the current LOS "F". Draft 539 Table of Contents 1. IN"TRODUCTION .................................................................................................................. 1 2. FIELD OBSERVATION ........................................................................................................ 1 3. DATA COLLECTION AND ANALYSIS ............................................................................. 2 3.1. Data Collection ................................................................................................................. 2 3.2. Data Analysis ................................................................................................................... 4 4. FUTURE TRAFFIC ................................................................................................................ 5 5. ENGINEERIN"G ANALYSIS ................................................................................................. 7 6. IMPROVEMENT ALTERN"ATIVES .................................................................................... 8 7. SUMMARY AND RECOMMENDATION ......................................................................... 10 List of Tables Table 1: Committed Development Traffic due to Fisher Island Growth ........................................ 6 Table 2: SYNCHRO MOBs for Geometric Conditions Existing in Year 2011 ............................. 8 List of Figures Figure 1 -Study Area Figure 2-Existing Facilities on Terminal Island Figure 3a and 3b -Data Collection Locations Figure 4 -Improvement Alternative I Figure 5 -Improvement Alternative II Figure 6 -Improvement Alternative III Figure 7 -Improvement Alternative IV Figure 8 -Improvement Alternative V List of Appendix A. DATA COLLECTION B. FUTURE TRAFFIC C. SYNCHRO OUTPUT Draft ii 540 1. INTRODUCTION City of Miami Beach is considering the relocation of the towing storage facilities currently operating in Miami Beach to the Terminal Island. The towing storage facilities are proposed to be co-located at an existing City of Miami Beach facility on Terminal Island currently in use by City's Fleet Management Operations, and the Sanitation Division. Along with the City owned facility, Terminal Island also currently includes other land uses such as the US Coast Guard Station, FPL station, cargo terminal, water pump station, Fisher Island Ferry Terminal and a 266- space surface parking lot utilized by employees of Fisher Island. At the request of the City of Miami Beach, ATKINS has performed a traffic impact study to examine the potential impacts of the proposed relocation of the towing storage facilities to the Terminal Island. Figure 1 shows the general area of study and Figure 2 shows the locations of the different land uses on Terminal Island. 2. FIELD OBSERVATION Extensive field observations were performed in the study area during the AM and PM peak hours on a typical weekday. Photographs taken during the observation are included in the Appendix. The following issues were observed/identified: • Traffic volume along the McArthur Causeway is generally heavy during weekdays and increases slightly during weekends. • The traffic volumes on Bridge Road are generally minor at all times including weekday peak hours and weekend. Generally Bridge Road intersection with the McArthur operates at an excellent level of service. • The Terminal Island intersection with the McArthur Causeway has an extremely complex geometric and traffic operation which negatively impacts the level of service. Even with relatively low volumes of traffic on Terminal Island, the impact to the McArthur Causeway is significant. This is due to the geometric and operational characteristics which has three independently signalized "phases" that allow only one approach to move while the other approaches on Terminal Island as well as the traffic on the McArthur has to stop as vehicles move one-by-one as they negotiate a geometrically unfriendly conditions due to poor sight distances and grade differences that force vehicles to move very slowly. • Pedestrian, bicycle and transit operation and facilities at Terminal Island intersection with the McArthur appear well utilized. The availability of sidewalk allowed both pedestrians and bicycles to use it. The limited and not continuous dedicated bike lane was observed not to be utilized. The modem and user friendly bus shelter next to the Terminal Island intersection was observed to be well utilized. The overall multi-modal operation at this intersection was evident and was working well. Draft 1 541 • Ferry operation on the west end of Terminal Island ran every 15 minutes. At the approach to the ferry entrance there were three lanes, numbered 1, 2 and 3. Lane 1 was signed for use exclusively by residents' vehicles. Lane 2 was signed for use by guests to Fisher Island while lane 3 was signed for other service personnel. A large parking lot located on the east side of Terminal Island was dedicated for service personnel and other employees at Fisher Island who may wish to park their vehicles and then ride the ferry. Shuttle buses loaded personnel every 15 minutes and transported them back and forth between this parking lot and the ferry terminal. • Since the ferry arrives once every 15 minutes, the number of vehicles it drops at Terminal Island directly impacts the signalized intersection at Terminal island and McArthur causeway whereas the rest of the time and between ferries, there is no traffic impact from the west end of Terminal Island to this intersection. However vehicular traffic continues to arrive either destined to the ferry or to the surface parking area east of the Island. • Maximum number of vehicles that can be transported by each ferry is 22 vehicles. This limit was generally not reached during our observations. This also indicates that the maximum number of vehicles impacting the eastbound approach at Terminal Island intersection with McArthur will not generally exceed 22 vehicles at one time. Yet this is considered a severe impact at this intersection given the current conditions. • The signalized intersection at Alton Road and 5th Street was observed to be busy most of the times with heavy delays during peak periods. 3. DATA COLLECTION AND ANALYSIS 3.1. Data Collection Data collection was performed within the study area based on discussions with the City staff, field observations conducted by ATKINS, and the Sun Terminal Parking Garage and Service Ferry Relocation Traffic Impact Analysis Report, Dated January 2009, and Prepared by Kimley-Horn and Associates, Inc. provided by City ofMiami Beach. Figure 3a and Figure 3b show all the data collection locations. Automatic bi-directional continuous counts were performed at the following locations from 08/11111 (Thursday) to 08/13/11 (Saturday): • Alton Road north of 5th Street (between 6th and 7th Street) • North-South Driveway (FPL) on Terminal Island south of McArthur Causeway • Terminal Island East Leg south ofMcArthur Causeway • Terminal Island West Leg (to/from Ferry) south of McArthur Causeway • Terminal Island Slip Ramp to Eastbound McArthur Causeway The peak hours of operation was determined based on the continuous counts and turning movement counts were conducted at the following locations on 08/17/11 during the peak hours of operation: Draft 2 542 • McArthur Causeway and Terminal Island 06:00AM to 09:00AM & 03:00PM to 06:00PM • Alton Road and 5th Street 07:00AM to 09:00AM & 04:00PM to 06:00PM All raw counts are included in the Appendix. The following information was obtained from the FDOT 2010 Florida Traffic Information CD: • AADT Forecast at the permanent station at 870031 (SR-A1A McArthur Causeway 0.2Miles W of Palm Island Entrance in Dade County • Peak Season Factor Category Report for Miami-Dade County • Weekday Continuous Count at count station 876059 (Ramp 87037200 from Eastbound McArthur Causeway to Northbound Alton Road) All the FDOT data is included in the Appendix. Traffic data for the intersection of Bridge Road and McArthur Causeway was obtained from Sun Terminal Parking Garage Traffic Study along with information for future developments and related traffic on Fisher Island. Fisher Island Ferry operation official was interviewed and the following information was obtained: • The capacity of a ferry is 22 vehicles at one time and the operation runs at an interval of approximately 15 minutes. • The parking garage that is proposed to be built on the eastside of the Terminal Island will be mainly for non-resident visitor/service personneVemployees. • A separate ferry will be operational on the side of Terminal Island for the non- resident traffic of Fisher Island • After the completion of the proposed garage on Terminal Island and the start of the ferry operation to/from Fisher Island on the east side of Terminal Island, the current ferry operation will then be exclusive for Fisher Island residents and guests. In order to have a thorough understanding of the ferry operation, vehicular counts were also conducted at the Ferry approach both on Terminal Island and on Fisher Island. The raw counts are included in the Appendix. Draft 3 543 ATKINS had analyzed the tow service information during a previous project for City of Miami Beach; the raw information obtained from City of Miami Beach at that time is also included in the Appendix. The signal timing and phasing for the signalized intersections within the study area was obtained from Miami-Dade County and are included in the Appendix. In order to assess the transit operation and service within the study area, especially near the Terminal Island the schedules for the buses going on McArthur Causeway were downloaded from Miami-Dade Transit. The raw information is also included in the Appendix. 3.2. Data Analysis The data collected above was analyzed as follows: Continuous Counts: The raw continuous counts were summarized using tables and graphs. The counts show that traffic destined to Terminal Island peaks between 06:00AM and 07:00 AM in the morning and then between 03:00PM and 04:00PM in the afternoon. However, traffic volumes on the McArthur shows that the heaviest AM peak period is 08:00AM to 09:00AM and the heaviest PM peak hour is from 05:00PM to 06:00PM. The traffic volume differences are much higher for the McArthur Causeway which should dictate the peak hours of 07:00 to 09:00AM and then 04:00 to 06:00PM, however, due to the importance of the traffic volumes to and from Terminal Island, traffic volumes for three hours in the morning 06:00AM to 09:00AM and three hours in the afternoon 03:00PM to 06:00 PM was examined. The traffic on Alton Road peaks from 07:00AM to 09:00AM in the morning and 04:00PM to 06:00PM in the evening. The graphs clearly show that the traffic to and from Terminal Island is very less compared to the traffic on McArthur Causeway. Turning Movement Counts: The raw turning movement counts were adjusted based on the Peak Season Conversion Factor; based on FDOT information a factor of 1.08 was used. The hourly turning movement volumes were summarized in a table at an increment of 15 minutes. Based on the volumes and the field observations it was determined that 07:00AM to 08:00 AM in the morning would represent the worst case scenario for the intersection of Terminal Island and McArthur Causeway and also within the study area, while 04:15PM to 05:15PM would represent the peak hour during the afternoon. The following engineering analysis and development of future traffic volumes were based on these peak hours. Draft 4 544 Ferry Counts: The vehicles accessing the ferry at Terminal Island and at Fisher Island were counted from 06:00AM to 09:00AM and from 03:00PM to 06:00PM. Based on the lane designation at the ferry the number of resident vehicles and non-resident vehicles were determined. This traffic was distributed at the intersection of Terminal Island and McArthur Causeway based on the current turning movement counts. Tow Truck Counts: The tow truck counts obtained from City of Miami Beach as part of a previous project was analyzed. The six month data analysis showed that the maximum tow truck service on a Thursday was 48. And the hourly data analysis showed that the maximum use during AM and PM peak hours were 5% of the daily service. Therefore approximately 2 trucks will access the Terminal Island after relocation during each of the peak hours. Signal Timing and Phasing: The signal timing information obtained from Miami-Dade County confirms the field observation that there are multiple phases at the intersection of Terminal Island and McArthur Causeway. Even though the traffic volume on McArthur Causeway is significantly higher than the traffic volume on Terminal Island, in order to accommodate all the multiple phases only approximately 49% of the signal cycle length time (160 sec) during the AM peak hours and 47% of the signal cycle length time (170 sec) during the PM peak hours is provided to the traffic on McArthur Causeway. The intersection of Alton Road and 5th Street also has split phases for the north-south movement, which would cause additional traffic delay. Transit: There are sufficient bus routes that service the intersection of McArthur Causeway and Terminal Island at a frequent headway both during peak and off-peak hours. The intersection has mild pedestrian volumes, which mainly access the transit. 4. FUTURE TRAFFIC The future traffic was generated as following: • The growth factor was calculated based on the FDOT AADT forecast year 2010. It was determined that there will be a traffic growth of 1.3% from year 2011 to year 2013, which is the target year for the project. The growth factor calculation along with tables and graphs are included in the Appendix. • The adjusted year 2011 turning movement counts were projected to year 2013 based on the growth factor above to obtain the background traffic growth. • It is anticipated that there will be 40 new trips during the AM peak hour and 53 new trips during the PM peak hour related to the Fisher Island1, these trips were considered as 1 Sun Terminal Parking Garage and Service Ferry Relocation Traffic Impact Analysis Report, Dated January 2009, and Prepared by Kimley-Horn and Associates, Inc. Draft 545 5 committed development trips. These new Fisher Island trips were distributed based on the ferry counts. Table 1 below shows the committed development trip split. Table 1: Committed Development Traffic due to Fisher Island Growth AM Inbound Resident = 1 vph Outbound Resident = 9 vph Peak 40vph Hour Inbound Non Resident= 23vph Outbound Non Resident = 7 vph PM Inbound Resident = 6vph Outbound Resident = 5 vph Peak 53vph Hour Inbound Non Resident = 6 vph Outbound Non Resident = 36 vph • The committed development trips were distributed based on the current turning movement counts at the intersection of Terminal Island and McArthur Causeway. The detailed distribution is included in the Appendix. • Based on the current ferry count the resident and the non-resident traffic proportion was identified and the projected turning movement counts for the AM and PM peak hours for year 2013 was revised to reflect the proposed changes to Fisher Island ferry (the current ferry location will be designated for residents and guests and another ferry location will be operational on the Terminal Island side for service personnel and employees). The detailed table is included in the Appendix. • The changes to the Fisher Island Ferry was reflected to the committed development traffic and added to the revised 2013 Background traffic to develop the turning movement volumes for year 2013 without the tow traffic at the intersection Me Arthur Causeway and Terminal Island. The committed development traffic was also added to the traffic at Alton Road. The detailed tables are included in the Appendix. • The tow traffic for the peak hour was distributed at the intersection of 5th Street and Alton Road based on the current turning movement counts and added to the turning movement volumes with year 2013 background traffic and committed development traffic. Since the tow facility will be located on the east side of Terminal Island, the tow traffic at the intersection of Terminal Island and Me Arthur Causeway was distributed accordingly. It was assumed that the towed vehicles will be released in the same hour as they are dropped off at the facility. The tow truck volumes were added to the turning movement volumes with year 2013 background traffic and committed development traffic. The detailed turning movement volumes are included in the Appendix. Draft 6 546 5. ENGINEERING ANALYSIS The engineering analysis of the data collected above was performed using Synchro 7 and SimTraffic 7 software. The geometric conditions existing in Year 2011 was analyzed for various scenanos. Existing Conditions (vear 2011): In order for the model to accurately micro-simulate the future conditions, the existing roadway and intersection conditions during the AM and PM peak hours had to be simulated and the model calibrated to reflect accurate driver behavior and patterns within the study area. The model calibration was based on the field observations and therefore reflects typical traffic behavior. The adjusted turning movement count was used at the intersections of Terminal Island and Me Arthur Causeway and at the intersection of Alton Road and 5th Street. As observed in the field, the intersections fail with heavy intersection delays both during AM and PM peak hours. Table 2 below shows the Delay and LOS at the intersections. The intersection of Bridge Road and Terminal Island has minimal traffic to/from Bridge Road and delay due to side-street traffic is minimal. The intersection is affected mostly when eastbound MacArthur Causeway traffic spills back from the Terminal Island intersection. The detailed Synchro outputs are included in the Appendix. Conditions with Background Traffic and Committed Development (vear 2013): The turning movement volumes generated in Section 4 of this report was used to simulate the intersection operation for this scenario. The turning movement volumes reflect the proposed changes in Ferry at Terminal Island. The intersections continue to fail, however since the increment in traffic is minor the increase in delay is also minor. The MOEs are included in Table 2. The detailed Synchro outputs are included in the Appendix. Conditions with Background Traffic. Committed Development and Relocated tow trucks (vear 2013): The turning movement volumes generated in Section 4 of this report was used to simulate the intersection operation for this scenario. The number of tow trucks is minor therefore the increase in impact at the intersections is negligible as seen in Table 2. The detailed Synchro outputs are included in the Appendix. Draft 7 547 Table 2: SYNCHRO MOEs for Geometric Conditions Existing in Year 2011 Terminal Island Alton Road& SYNCHRO MOBs &McArthur 5th Street Causeway Delay LOS Delay LOS Year 2011-124.5 F 170.7 F Existing Conditions AM Year 2013-Peak Background Growth + Committed Development 125.0 F 174.3 F Hour Year 2013- Background Growth + Committed Development + 125.3 F 174.1 F Tow Trucks Year 2011-389.2 F 554.2 F Existing Conditions PM Year2013-Peak Background Growth + Committed Development 387.4 F 557.3 F Hour Year2013- Background Growth + Committed Development + 388.2 F 558.4 F Tow Trucks Comparison of Different Scenarios: Table 2 above shows that the intersection operation at Terminal Island will have only minor change from the existing conditions in the future and the impact of the tow truck relocation is negligible. There will be no impact of the tow truck relocation at the intersection of Bridge Road and McArthur Causeway. 6. IMPROVEMENT ALTERNATIVES The main issue of concern within the area of this study is the intersection of MacArthur Causeway at Terminal Island. This study has identified several improvement alternatives that will improve the existing poor and failing levels of service (LOS F) to acceptable levels of service (generally LOS "C" or LOS "D" depending on which alternative). Improvement Alternatives: As stated earlier, Terminal Island intersection with the McArthur Causeway has an extremely complex geometric and traffic operation which negatively impacts the level of service. Even with relatively low volumes of traffic on Terminal Island, the impact to the McArthur Causeway is significant. This is due to the geometric and operational characteristics which has three independently signalized "phases" that allows only one approach to move while the other approaches on Terminal Island as well as the traffic on the McArthur to stop as one vehicles move one by one as they negotiate a geometrically unfriendly conditions due to poor sight distances and grade differences that force vehicles to move very slowly. Draft 8 548 Therefore, to improve the operation at this intersection, it is critical that the complex signal "phasing" operation is streamlined and instead of three independent phases, only a single phase is kept and the approach is improved so that the drivers arriving at the stop bar of this approach is able to see the traffic on the MacArthur and to see their destination lane. Also, by streamlining the operation, the traffic volume destined to the City of Miami Beach from Terminal Island is moved to the slip right turning lane located east of this signalized intersection so that all traffic making a right turn at this signalized intersection is completely removed. Alternative 1: This alternative assumes that the existing ferry operation will be either completely moved from where it currently operates west of Terminal island to the east of Terminal Island or that the access to and from the existing ferry terminal is moved to the intersection of Bridge Road and the Mac Arthur (as will be shown in Alternative V). This alternative assumes that the current FP&L access which is located south of this intersection will be moved further east where there is currently a gated access. Figure 4 shows the improvement. Alternative ll: This alternative is similar to Alternative I but allows ingress only to FP&L with no egress for FP&L at this intersection. Egress would potentially occur at the gate located east of this intersection. This also allows vehicles from FP&L destined to Miami Beach to use the right- turning slip lane which lessens the impact at the signal. Figure 5 shows the improvement. Alternative lll: This alternative is similar to Alternative II but also allows egress from FP&L in addition to ingress. However, this egress is to make a right-tum movement only. A ''jug-handle" tum-around proposed near the FP&L gate will allow vehicles to turn either to Miami Beach using the exclusive slip lane or to the signalized intersection heading westbound on the MacArthur. Figure 6 shows the improvement. Alternative IV: This alternative improves the geometry significantly by moving the western approach and the southern approach to Terminal Island further away from the intersection and will streamline the operation so as all vehicles eastbound and northbound make a right-turning movement only inside terminal Island. This traffic will not to impact the signal at all. Additionally the ''jug handle" concept could also be implemented in this alternative as shown in Alternative III above. Figure 7 shows the improvement. Alternative V: This alternative shows the concept of connecting the existing ferry terminal west of Terminal Island at Bridge Road intersection and disconnecting it with the Terminal Island signalized intersection. A new left -turning lane will need to be introduced on the MacArthur to this ferry terminal. A single lane exit is sufficient to handle traffic volumes without negatively impacting the operation. However, the concept could allow for additional lanes if needed. Draft 9 549 This concept will streamline the operation for both intersections at Terminal and Bridge since the two intersections are so close they operate as one. Therefore the overall vehicular delays to all users including those on the MacArthur will be reduced significantly resulting in an estimated overall improved level of service LOS "C". Figure 8 shows the improvement. All the above concepts will however require additional studies to determine feasibility and costs. Alternative V additionally will have other environmental impacts that will need to be further studied to determine potential impacts and probable costs and therefore feasibility. 7. SUMMARY AND RECOMMENDATION ./ The intersections of Terminal Island and McArthur Causeway, and 5th Street and Alton Road currently operate at failure conditions both during AM and PM peak hours. Draft The intersection of Terminal Island fails mainly due to complex geometry, multiple signal phasing and awkward grade difference. There is generally a minor impact of the relocated tow trucks at all intersections within the study area. The traffic operation at the intersection of Terminal Island and McArthur Causeway can be significantly improved with the simplification of geometry as presented in Alternatives I thru V. It is recommended that the feasibility of the improvement alternatives be further considered and evaluated. This includes environmental impacts and cost estimates among others. 10 550 Figures 551 553 ~ ~ z G) 8 z CJ -1 0 z en ""CJ ~ 1J 0 en m CJ s:: 1J ::0 ~ m s:: m z -1 ,ll .:it/. m >< CJ) -1 z G) 8 z 0 -1 0 z CJ) m >< ~ z G) 8 z 0 -I 0 z C/l "'0 ~ "'0 0 C/l m 0 s:: "'0 ::0 ~ m s:: m z -I ':~~: ---PROPOSEDIMPROVEMENT -EXISTING CONDITIONS 1\TKINS %%' ·~1#. IMPROVEMENT ALTERNATIVE IV FIGURE 7 0') Lt') Lt') .... 3: "a ~ m 3: m z .... ,. ~ m ~ ~ m < I I m '"'0 G) ~ ;:o m 0 z ~ '"'0 0 z 0 G) ~ (') 0 0 -z 3: 0 '"'0 -::0 -i ~ o m ~ 3: m ~ THIS PAGE INTENTIONALLY LEFT BLANK 562 R9 -New Business and Commission Requests R9K Budget Advisory Committee Pension Reform Initiative Status Report. (Budget & Performance Improvement) (Memorandum to be Submitted in Supplemental) 563 i Agenda Item R9 K Date 2-tf-12... THIS PAGE INTENTIONALLY LEFT BLANK 564 ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Ed Tobin, Commissioner DATE: January 31, 2012 SUBJECT: Agenda Item for February 81 h, Commission Meeting Please place on the February 81h Commission Meeting Agenda a request for discussion regarding changes and progress at Building Department. If you have any questions please contact, Dessiree Kane at Extension 627 4. ET/dk . . : Agenda Item R q L We are committed to providing excellent public service and safety to all who live. work, and play m our ~ -...L....l....JL.....:::;;;,...__ Date ~-K-!2- 565 THIS PAGE INTENTIONALLY LEFT BLANK 566 ~ MIAMI BEACH "="'" OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Ed Tobin, Commissioner DATE: January 31, 2012 SUBJECT: Agenda Item for February 8th, Commission Meeting Please place on the February ath Commission Meeting Agenda a request for discussion regarding Muss Park Improvements and Seawall. If you have any questions please contact, Dessiree Kane at Extension 627 4. ET/dk We are committed to providing excellent pubhc service and safety to ail who l1ve, work. and play in our 1 Agenda ltem_...lR~q~M~-- Date_..:..Z_-~g_-~/2-_ 567 THIS PAGE INTENTIONALLY LEFT BLANK 568 m MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Ed Tobin, Commissioner DATE: February 1, 2012 SUBJECT: Discussion And Referral to Neighborhoods for February ath, Commission Meeting Please place on the February 8th Commission Meeting Agenda a Discussion and Referral to Neighborhoods/Community Affairs Committee regarding Sunrise Plaza and Beachwalk. If you have any questions please contact, Dessiree Kane at Extension 627 4 ET/dk We are committed to provtding excellent publ1c seTVice and safety to all who live, work. and play in our: Agenda ltem __ R;.....!...q£.~N~-- 569 Date_.uf)::__-.JI.-8'-...J...l =2.-- THIS PAGE INTENTIONALLY LEFT BLANK 570 ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Ed Tobin, Commissioner DATE: January 31, 2012 SUBJECT: Agenda Item for February 81h, Commission Meeting Please place on the February 81h Commission Meeting Agenda a request for discussion regarding an update on the dredging and replacement of the 54" force main in Government Cut. If you have any questions please contact, Dessiree Kane at Extension 627 4 ET/dk We are commiffed to providing excellent public service and safety to all who hve. work. and play in our Agenda Item R 9 0 _....;..___,;_..;;..,_ __ Date 2. -~-12--=---.:::.......!..-;;..__ 571 THIS PAGE INTENTIONALLY LEFT BLANK 572 ~ MIAMI BEACH ""="" OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Ed Tobin, Commissioner DATE: January 31, 2012 SUBJECT: Agenda Item for February 81h, Commission Meeting Please place on the February 81h Commission Meeting Agenda a request for discussion regarding a summary of successes, failures and costs associated with new Police Department Sector Plan. If you have any questions please contact, Dessiree Kane at Extension 627 4. ET/dk We are committed to providing excellent pubhc seNice ond safely to off who hve, work. and play in au~ Agenda ltem_--~..,;R:~...9,J....J.,P __ 573 · Date____;2~-2~-...L.' =2-- THIS PAGE INTENTIONALLY LEFT BLANK 574 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Jonah Wolfson, Commissioner DATE: February 15 \ 2012 SUBJECT: Agenda Discussion Item Please place on the February ath, 2012, Commission Meeting Agenda a discussion item for a status report on the Biscayne Pointe Island Capital Improvements Project. If you have any questions, please contact Leon or Hernandez at extension 6437. JW/Ih We ore committed Ia providing excellent public serv1ce and safe;.,· to all who five. work, and play in our v~ Agenda ltem_:f<:...:.-t.q..J<Q:L--__ 575 Date----=;2~-gOL--..~...:12-:::;___ THIS PAGE INTENTIONALLY LEFT BLANK 576 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Jonah Wolfson, Commissioner DATE: February 15 \ 2012 SUBJECT: Agenda Discussion Item Please place on the February 81h, 2012, Commission Meeting Agenda a discussion item to reconsider the Off-Leash Designated Area at South Point Park. If you have any questions, please contact Leon or Hernandez at extension 6437. JW/Ih We are committed to providing excellent public service and sale\ to a!/ who live. work, and play in our vi~ Agenda Item R C, R Date Z-'if-12- 577 THIS PAGE INTENTIONALLY LEFT BLANK 578 (g MIAMI BEA(::H OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Jorge M. Gonzalez, City Manager Robert Parcher, City Clerk Jorge R. Exposito, Commissioner February 1, 2012 Agenda item: Collins Canal I Bike Path MEMORANDUM Please place a discussion item on the February 8, 2012 Commission Meeting agenda regarding updates on the Collins Canal I Bike Path project. 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, JREibp We are commiffed to providing excellent public service and soiP'y to all who live, work, and ploy in our vibroj ' Agenda Item R q S _-:.....;;......;...:::;...._ __ Date J-t-12--___ ..:...;;;, __ 579 THIS PAGE INTENTIONALLY LEFT BLANK 580 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Matti Herrera Bower, Mayor DATE: February 1, 2012 SUBJECT: DISCUSSION ITEM FOR FEBRUARY 8, 2012 COMMISSION MEETING Please place on the February 8th Commission Meeting Agenda a discussion item regarding the request from the developer of the 500-600 Block of Alton Road to have the City formally participate in a design charette process. Agenda Item Rq T We ore commilted fo providing excel/en/ public service and sole', to all who five. work, and ploy in oul -.:....:....JI.....!...--Date Z=$-11- 581 THIS PAGE INTENTIONALLY LEFT BLANK 582 R10 CITY ATTORNEY REPORTS 583 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me rs of the City Commission FROM: Jose Smith, City ~ DATE: February 8, 2012 SUBJECT: City Attorney's Status Report LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT 1. Rosa Flynn vs. City of Miami Beach, et al., Case No. 11-42830 CA 11 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to quiet title on real property located at 1150 71 Street, Miami Beach, Florida. The Summons and Complaint were served on the City on January 5, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on January 11, 2012. 2. Shawn Ransom v. City of Miami Beach, Case No. 12 -00356 CA 02 (Circuit Court -11th Judicial Circuit in and for Miami Dade County). The City was served with this complaint on January 9, 2012 alleging that on June 6, 2010, the plaintiff, Shawn Ransom, tripped and as a result of a backed-up stormed drain on the incline in the parking lot adjoining the Jackie Gleason Theater at 1700 Washington Avenue, Miami Beach, Florida. The plaintiff is alleging fracture to the fifth metatarsal of his left foot. We shall file our answer and propound discovery to the plaintiff. 3. Bank of America, N.A. vs. Robert J. Vitale, Jr. et al., Case No. 11-43003 CA 23(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose mortgage on real property located at 503 75th Street, Unit 6, Miami Beach, Florida. The Summons and Complaint were served on the City on January 9, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on January 12, 2012. Agenda Item BID ,q_ 585 Date 2-8-12- City Attorney's Report February 8, 2012 Page2 4. Jonathan Raineau v. Mynt Holding Company and City of Miami Beach, Case No. 10-47884 CA 21 (Circuit Court -11th Judicial Circuit in and for Miami Dade County). The City was served with this complaint on January 10, 2012 alleging that on May 9, 2010, the plaintiff, Jonathan Raineau, while lawfully at the premises of co- defendant Mynt Ultra Lounge, was accused of grand theft for failure to settle a bar tab of $613.29 and was falsely arrested and detained by City of Miami Beach Police Officers without probable cause. The information indicates that the plaintiff prevailed in the underlying crime charge of grand theft. We shall file our answer to the complaint and propound discovery to the plaintiff. 5. William Lee v. City of Miami Beach, USA Track and Field, US Road Sports and Entertainment of Florida LLC f/kla PR Racing Miami LLC and lNG North America Insurance Corporation, Case No. 11-43145 CA 08 (Circuit Court-11th Judicial Circuit in and for Miami Dade County). The City was served with this complaint on January 11, 2012 alleging that on January 26, 2008, the plaintiff, William Lee, was an authorized volunteer at the lNG MIAMI MARATHON and as such was a business invitee of the defendants. On the date of the Marathon, the plaintiff tripped and fell on a cracked, broken and unleveled public sidewalk located at 150 Alton Road, Miami Beach, Florida 33139 and sustained bodily injuries and aggravated an existing disease or physical defect. We shall seek indemnification and representation from the insurance carriers of the co-defendants' marathon organizers. 6. Miriam Rodriguez v. FOOT and City of Miami Beach, Case No. 11-26736 CA 21 (Circuit Court-11th Judicial Circuit in and for Miami Dade County). The City was served with this amended complaint on January 11, 2012 alleging that on June 11 , 2008, the plaintiff, Miriam Rodriguez, sustained injuries to her cervical, thoracic and lumbar spine, as well as injuries to her right knee and other bodily injuries, including bruising and abrasions as a result of a trip and fall on a sidewalk located in the vicinity of Abbott Avenue and 71st Street in Miami Beach, Florida. The plaintiff is alleging that both defendants are responsible for maintaining the sidewalk where the plaintiff allegedly fell. The plaintiff's medical records and fire rescue report, however, indicate that the plaintiff fell in the middle of the roadway, which is FOOT responsibility and not the City's as the City is only responsible for maintaining the sidewalk pursuant to an agreement with FOOT. We shall file our answer to the complaint and propound discovery to the plaintiff. 7. Isaac Raiiman and Milton Raiiman as trustees of the Raiiman Realty Inc. Profit Sharing Plan vs. F & S Ventures. Inc. et al., Case No. 12-958 CA 09 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose mortgage on real property located at 6345 Collins Avenue, Unit 432, Miami Beach, Florida. The Summons and Complaint were 586 City Attorney's Report February 8, 2012 Page3 served on the City on January 12, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on January 19 2012. 8. Isaac Raijman and Milton Raijman as trustees of the RaHman Realty Inc. Profit Sharing Plan vs. Servicentro Garcia, Inc. et al., Case No. 12-968 CA 58 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose mortgage on real property located at 6345 Collins Avenue, Unit TH-16, Miami Beach, Florida. The Summons and Complaint were served on the City on January 12, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on January 19, 2012. 9. Sanctuary South Beach Condominium Association. Inc. vs. Conodinvest. LLC, et al., Case No. 12-0857 CA 11 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a condominium assessment lien on real property located at 1745 James Avenue, Unit 201, and Miami Beach, Florida. The Summons and Complaint were served on the City on January 12, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on January 19, 2012. 10.Roby LLC vs. M & J Apts .. Inc., et al., Case No. 12-00122 CA 30 (Circuit Court- 11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to quiet title on real property located at 401 80th Street, Unit 1, Miami Beach, Florida. The Summons and Complaint were served on the City on January 17, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on January 19, 2012. 11.Joycia Apartments Association, Inc. vs. Katherine Taboada, et al., Case No. 12- 01396 CA 27 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a condominium assessment lien on real property located at 2250 Bay Drive, Unit 6, Miami Beach, Florida. The Summons and Complaint were served on the City on January 17, 2012. 587 City Attorney's Report February 8, 2012 Page4 The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on January 19, 2012. 12.Wells Fargo Bank. N.A. vs. Marc Lessem. et al., Case No. 11-01348 CA 59 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose mortgage on real property located at 2925 Indian Creek Drive, Unit 326, Miami Beach, Florida. The Summons and Complaint were served on the City on January 18, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on January 25, 2012. 13. Nuri Dorra v. City of Miami Beach, Case No. 12-CV-20178-MORENO/BROWN in the United States District Court Southern District of Florida This is a Federal lawsuit brought by a manager and owner of Roosevelt Park, LLC, which formerly owned a property located at 1611 Meridian Avenue. The property had numerous code violations and the cases have been heard by the Special Master and some of the fines were mitigated. The Plaintiff brings this suit under the Americans with Disabilities Act alleging discrimination due to disability. The City will be responding to the suit. 14. The Bank of New York Mellon vs. Michael Kadosh, et al., Case No. 12-00972 CA 25 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose mortgage on real property located at 2034 Fisher Island Drive, Unit 2034, Miami, Florida. The Summons and Complaint were served on the City on January 20, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on January 25, 2012. 15.Bank of America. N.A. vs. Carla Mueller, et al., Case No. 12-00353 CA 21 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose mortgage on real property located at 224 Meridian Avenue, Unit 2, Miami Beach, Florida. The Summons and Complaint were served on the City on January 20, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on January 25, 2012. 588 City Attorney's Report February 8, 2012 PageS 16.Bank of America, N.A. vs. William Gagnon, et al., Case No. 12-01895 CA 15 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose mortgage on real property located at 4000 Collins Avenue, Unit 321, Miami Beach, Florida. The Summons and Complaint were served on the City on January 23, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on January 25, 2012. 17.Bank of America, N.A. vs. Jose Rodriguez, et al., Case No. 12-02082 CA 25 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose mortgage on real property located at 7660 SW 82 Street, Miami, Florida. The Summons and Complaint were served on the City on January 23, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on January 25, 2012. JS/Ir/mem 589 THIS PAGE INTENTIONALLY LEFT BLANK 590 ~ MIAMI BEACH -=- City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: COMMISSION MEMORANDUM Mayor Matti Herrera Bower Members of the City Commission City Manager Jorge Gonzalez February 8, 2012 SUBJECT: Closed Attorney-Client Session Pursuant to §286.011, Florida Statutes, the City Attorney hereby advises the Mayor and City Commission that he desires advice concerning the following pending litigation matter: 1) 1100 West Properties, LLC v. City of Miami Beach, Circuit Court Case No. 09-70789 CA 23 2) City of Miami Beach v. 1100 West Properties, LLC, Circuit Court Appellate Division Case No.: 11-505 AP Therefore, a private closed Attorney-Client Session will be held during the lunch recess of the City Commission meeting on February 8, 2012, in the City Manager's Large Conference Room, Fourth Floor, City Hall, to discuss settlement negotiations and/or strategy related to litigation expenditures with regard to the above-referenced litigation matters. The following individuals will be in attendance: Mayor Matti Herrera Bower; Members of the City Commission: Jorge Exposito, Michael Gongora, Jerry Libbin, Edward Tobin, Deede Weithorn and Jonah Wolfson; City Manager Jorge Gonzalez, City Attorney Jose Smith, First Assistant City Attorney Rhonda Montoya Hasan and First Assistant City Attorney Gary Held. JS/RM/mem F:\A TIO\SMIJ\attorney client session \Attorney-Client Session-Mondrian.doc 591 Agenda Item B I 0 13 Date 2,-<j}-j 2..- THIS PAGE INTENTIONALLY LEFT BLANK 592 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower Members of the City Commission City Manager Jorge Gonzalez Jose Smith, City Attar February 8, 2012 Closed Attorney-Client Session Pursuant to §286.011, 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. 011-058; 060; 061; 063; 069, 070, 072- 084;086;087; 115-124;662-670. Therefore, a private closed Attorney-Client Session will be held during the lunch recess of the City Commission meeting on February 8, 2012, in the City Manager's Large Conference Room, Fourth Floor, City Hall, to discuss settlement negotiations and/or strategy related to litigation expenditures with regard to the above-referenced litigation matters. The following individuals will be in attendance: Mayor Matti Herrera Bower; Members of the City Commission: Jorge Exposito, Michael Gongora, Jerry Libbin, Edward Tobin, Deede Weithorn and Jonah Wolfson; City Manager Jorge Gonzalez, City Attorney Jose Smith, First Assistant City Attorney Rhonda Montoya Hasan and First Assistant City Attorney Steven Rothstein. JS/SHR/mem 593 · Agenda Item R lO L Date 2--~-J ~ THIS PAGE INTENTIONALLY LEFT BLANK 594 REPORTS AND INFORMATIONAL ITEMS 595 -:::::s 0' -CD 3 t/) Reports and Informational Items (see LTC #025-2012) 597 THIS PAGE INTENTIONALLY LEFT BLANK 598 599 :::c c )> Commission Agenda, February 8, 2012 Miami Beach Redevelopment Agency City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive February 8, 2012 Chairperson of the Board Matti Herrera Bower Member of the Board Jorge Exposito Member of the Board Michael G6ngora 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 AGENDA 1A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency (RDA) Approving The Modification Of The Terms Of That Certain Mortgage And Promissory Note, In The Amount Of $1,500,000, Dated February 5, 2007, Given By MBCDC: Meridian Place, LLC, A Florida Limited Liability Corporation, As Mortgagor, For Funds Advanced To MBCDC By The RDA For The Acquisition Of Meridian Place, 530 Meridian Avenue, Miami Beach, Florida; Said Modification Restructuring The Repayment Terms To Be Consistent With Other Affordable Housing Loans From The City, Which Defer The Repayment Of The Debt During The Documented Affordability Period; Further Approving A Subordination Of Said RDA Note And Mortgage, In Favor Of A Commercial Lender, To Be Determined By MBCDC, For An Amount Not To Exceed $980,000; And Further Authorizing The Executive Director To Execute All Applicable Documentation. (Real Estate, Housing & Community Development) 1 B A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency (RDA), Approving And Authorizing The Chairperson And Secretary To Execute A First Amendment To That Certain Retail Lease Agreement By And Between The City Of Miami Beach, The Miami Beach Redevelopment Agency (RDA) And Penn 17, LLC. (Lessee), Dated September 16, 2011, Involving The Lease Of Approximately 7,807 Square Feet Of Ground Floor Retail Space At The Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida; Said First Amendment Correcting The Gross Rentable Retail Space From 7,807 Square Feet To 7,655 Square Feet As Well Providing For Corresponding Reductions In Lessee's Annual Rent From $585,525, To $574,125, And In The Charge Of Common Area Maintenance (CAM) From $100,370 Per Year, To $98,850 Per Year. Joint City Commission & Redevelopment Agency (Real Estate, Housing & Community Development) End of RDA Agenda 18 601 MIAMI BEACH Miami Beach Redevelopment Agency City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.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 10:00 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. 2. 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 presenta.tion 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 meeting 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, 1st floor, City Hall, 1700 Convention Center Drive, telephone 673-7 411, before 5:00p.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 F:\CLER\CLER\CITYCLER\RDA Agenda .V3.doc March 5, 2007 602 MIAMI BEACH REDEVELOPMENT AGENCY ITEM SUMMARY Condensed Title: A resolution of the Chairperson and Members of the Board of Directors of the Miami Beach Redevelopment Agency (RDA) approving the modification of the terms of the Promissory Note in the amount of $1,500,000, dated February 5, 2007, between MBCDC: Meridian Place, LLC, a Florida limited liability corporation, and the RDA; approving a subordination of the RDA's mortgage in favor of a commercial lender; and further authorizing the Executive Director to execute all applicable documentation. Key Intended Outcome Supported: 1. Increase access to workforce or affordable housing. 2. Improve the lives of elderly residents. Supporting Data {Surveys, Environmental Scan, etc.): Based on the 2009 Customer Satisfaction Survey: 17.5% of businesses feel that lack of workforce housing is one of their most important challenges; 80% of esidents 65 or older rated City response to expectations as good or excellent; Issue: Shall the RDA authorize a modification of the repayment terms of the $1 ,500,000 Promissory Note, and authorize a subordination of the debt to a commercial bank lender. Item Summary/Recommendation: Based on current rental income projected for this affordable housing project and the RDA debt service which was scheduled to commence on December 31, 2011, MBCDC has been unable to obtain a commitment for private bank financing to fill a current funding gap or access other sources of potential funding. A draft of the HUD-required independent third-party Subsidy Layering Review recently requested by the Administration indicated that the development's cash flow, which is limited by HUD rents, does not support annual principal payments in the amount of $150,000 to the RDA. Based on cash flow projections outlined in MBCDC's Meridian Place Proforma, the annual RDA debt payments would create negative cashflow of more than $100,000 in each of the next ten years. However, if the RDA Promissory Note is modified to reflect a deferred or forgivable status, then the project will be provided with a modest net cash flow average of approximately $20,000 for each of the next ten years; with the exception of the first year of operation. It is recommended that the RDA loan repayment terms be restructured to be consistent with other affordable housing grants and mortgage documents provided by the City, which defer the repayment of the funding as long as the project is kept "affordable" in accordance with HUD guidelines. Additionally, a reverter clause is recommended which will require that, in the event the project fails to comply with HUD's affordability requirements at any time during the affordability period, then the title to the property will revert to the City. Also, it is recommended that MBCDC be required to apply any proceeds of GOB funding from the County to reduce the private bank financing, and rents be reduced to reflect the debt service cashflow savings. Finally, in light of MBCDC's need for upfront funding of HUD approved gap financing and the private bank gap financing, it is recommended that the RDA subordinate its secured debt position in the maximum amount of $980,000 to a commercial lending institution, consistent with prior practice. Adviso Board Recommendation: On January 19, 2012, the Finance and Citywide Projects Committee discussed the Note modification and debt subordination and recommended its referral to the Ci Commission for a roval. Financial Information: Source of Amount Account Funds: 1 OBPI Total Financial Impact Summary: N/A Ci Clerk's Office Le islative Trackin : Anna Parekh, ext. 6471 Sign-Offs: I AP ~~~ T:\AGENDA\2012\February 8\RDA\Meridian Loan Mod CC Summary.doc MIAMI BEACH AGENDA ITEM _/:.....;A-:.....;.__ 603 DATE 2-8"' J '"1.-- C9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov REDEVELOPMENT AGENCY MEMORANDUM DATE: February 8, 2012 SUBJECT: A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA) APPROVING THE MODIFICATION OF THE TERMS OF THAT CERTAIN MORTGAGE AND PROMISSORY NOTE, IN THE AMOUNT OF $1,500,000, DATED FEBRUARY 5, 2007, GIVEN BY MBCDC: MERIDIAN PLACE, LLC, A FLORIDA LIMITED LIABILITY CORPORATION, AS MORTGAGOR, FOR FUNDS ADVANCED TO MBCDC BY THE RDA FOR THE ACQUISITION OF MERIDIAN PLACE, 530 MERIDIAN AVENUE, MIAMI BEACH, FLORIDA; SAID MODIFICATION RESTRUCTURING THE REPAYMENT TERMS TO BE CONSISTENT WITH OTHER AFFORDABLE HOUSING LOANS FROM THE CITY, WHICH DEFER THE REPAYMENT OF THE DEBT DURING THE DOCUMENTED AFFORDABILITY PERIOD; FURTHER APPROVING A SUBORDINATION OF SAID RDA NOTE AND MORTGAGE, IN FAVOR OF A COMMERCIAL LENDER, TO BE DETERMINED BY MBCDC, FOR AN AMOUNT NOT TO EXCEED $980,000; AND FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL APPLICABLE DOCUMENTATION. ADMINISTRATION RECOMMENDATION Adopt the resolution. BACKGROUND Meridian Place, located at 530 Meridian Avenue, was built in 1940 and operated as a 72-unit transient hotel. The building was purchased for rehabilitation by Carrfour Supportive Housing in 2001. As a result of ongoing issues with its funders, Carrfour Supportive Housing decided to not pursue completion of the project, and Miami Beach Community Development Corporation (MBCDC) was approached regarding its interest in acquiring the property to ensure its continued availability to the community as affordable housing. In July 2006, Miami Beach Community Development Corporation (MBCDC) entered into a purchase agreement with Carrfour Supportive Housing for the acquisition of the property. The "as-is" purchase price in 2006 was $3,800,000, as supported by an August 22, 2006, appraisal by J.B. Alhale & Associates, Inc., which determined the "as is" value to be $3,800,000. The appraiser also provided an "upon completion" value of $6,525,000. However, this value was predicated upon the original build-out as a 71-unit development. To complete the transaction, MBCDC requested funding from the City to assist in the acquisition of the property. An underwriting analysis performed by First Housing Finance Corporation on November 29, 2006, determined that, based upon the proposed financing structure, the rehabilitation and construction completion, the principals' experience, the favorable financial support from the City of Miami Beach, and considering the noted debt service coverage, the proposed transfer of ownership of the uninhabitable development to MBCDC was considered favorable. At that time, there was no debt service contemplated for the RDA's $1 ,500,000 contribution. On October 11, 2006, the Miami Beach Redevelopment Agency (RDA) approved Resolution No. 538- 2006 authorizing an appropriation of South Pointe Redevelopment Area funds in the amount of $1,500,000 to be utilized by MBCDC for the p~'82fe of MBCDC's acquisition and rehabilitation of the Miami Beach Redevelopment Agency Memorandum February 8, 2012 Meridian Place Note Modification and Consent to Subordination Page 2of4 building located at 530 Meridian Avenue to provide 34 units of affordable housing for elderly, formerly homeless persons. The RDA approval provided for the funds to be allocated via a loan or other instrument, to be determined by staff. On February 5, 2007, a Mortgage and Security Agreement and a corresponding Promissory Note (the Note) were executed by MBCDC: Meridian Place, LLC, a Florida limited liability corporation. As typical for affordable housing projects, this loan included a required afford ability period of thirty (30) years. However, unlike the more typical loans provided for affordable housing projects that are either forgivable or direct grants, the RDA loan to MBCDC included a repayment schedule in the amount of $150,000, commencing December 31, 2011, and continuing each December 31 thereafter annually for ten years. This provision was included to provide for the possibility of the project securing additional funds, thus making repayment possible. MBCDC has a history of successfully leveraging multiple funding sources for their affordable housing projects. Needless to say, affordable housing projects are, by their nature, heavily subsidized to be able to reduce debt service and, as a result, provide rents to meet affordable housing standards/requirements. ANALYSIS The project is now 70% complete. The total project costs, including acquisition, are currently projected at $8,117,797. As expected, MBCDC has been successful in securing additional funds for the project. However, potential sources of funding identified and tentatively approved to fill the remaining funding gap for the project cannot be secured, and a construction loan to complete the project cannot be approved by the lender, as a result of the required debt service payment for the RDA loan. Total currently allocated grant and loans funds are $7,915,085, including the RDA contribution, and including U.S. HUD vouchers secured by MBCDC for construction debt ($335,012). MBCDC also secured a commitment of Miami Dade County District 5 General Obligation Bond funds (County GOB) for $440,431. Until the HUD and County GOB funds are paid to MBCDC, and the City is able to release retainers at project completion, the cash flow gap to complete the construction of the project is $977,975. As such, in order to draw down the remaining funding sources and complete the project, MBCDC needs to obtain commercial bank financing for an amount not to exceed $980,000. However, the debt service required in the RDA Note has impeded the completion of satisfactory bank underwriting, as well as a HUD-required Subsidy Layering Review, and will preclude any favorable underwriting report necessary for the release of allocated County grant funds, as well as the balance of the State grant. Furthermore, MBCDC applied for a HUD HOME/HOPWA grant in the amount of $300,000 from the City of Miami and was informed that the current cash flow projections with an RDA debt repayment would render the project unable to maintain the levels of rents required by the grant program. RDA Debt Payment Impact Based on cash flow projections outlined in MBCDC's Meridian Place Proforma dated 9/21/11, the annual RDA debt payments would create negative cash flow of more than $100,000 in each of the next ten years. This position is further compounded by an additional $1,000,000 in negative cash flow if the State debt is repaid in the year 2020, as required. A HUD-required Subsidy Layering Review was initiated by the Administration in August 2011 in order to evaluate the sources and uses of funds and ensure that the necessary funds are invested in HOME- funded affordable housing projects. The procured outside consultant, First Housing Development Corporation, reviewed Meridian Place and determined in its "Draft" report that "It is First Housing's opinion that the property will not be economically feasible with the uncertainty surrounding the proposed first mortgage loan and the requirement of the RDA loan to begin principal payments of $150,000 on December 31, 2011. If these two issues can be resolved satisfactorily then First Housing is of the opinion that the property will be economically viable." In short, the project does not have sufficient r~ij~evenue cash flow to make the RDA loan payments. Miami Beach Redevelopment Agency Memorandum February 8, 2012 Meridian Place Note Modification and Consent to Subordination Page 3 of4 Options to address RDA Debt Payment Impact Staff reviewed options to address the impact of the RDA debt service payments. These options included forgiving the loan altogether, consistent with typical affordable housing project funding approaches; deferring the loan payments to a later date; establishing an alternative payment schedule; or developing an alternative that continues to ensure that the housing remains affordable for a longer period of time. MBCDC's cash flow analysis reflects that if the RDA Promissory Note is modified to reflect a deferred or forgivable status, then the project will be provided with a modest net cash flow average of approximately $20,000 for each of the next ten years, with the exception of the first year of operation. This also presumes that MBCDC is successful in receiving its requested payment deferral and extended amortization of the State debt. If a modification of the loan terms is not made, then the project cannot be completed, putting the public funds that have already been expended, at risk. The current funding sources, which are at potential risk if this project fails to move forward, and which were discussed at the January 19, 2012, Finance & Citywide Projects Committee meeting, are included in the following chart: PROJECT FINANCING ACHIEVED City of Miami Beach -RDA State of Florida -Housing Demonstration Loan Funds Miami-Dade County -Documentary Surtax Program Miami-Dade County -US HUD -HOME Program City of Miami Beach -US HUD -HOME Program City of Miami Beach -US HUD -CDBG Program US HUD SRO -Rehab Loan Commitment (Vouchers) Miami-Dade District 5 General Obligation Bond TOTAL PROJECT FUNDING $1,500,000 1,000,000 1,379,395 395,605 2,634,518 230,124 335,012 440,431 $7,915,085 As noted above, and exclusive of any construction loan from a private lender, the project already has almost 45% of its funding secured from NON-City sources. MBCDC options to address Debt Service Payment As a part of the City Commission's May 11, 2011 referral of this discussion to the Finance and Citywide Projects Committee, Commissioner Libbin requested that MBCDC provide a spreadsheet of all the buildings owned by MBCDC and when they will become cash flow positive. As was outlined in the Committee Memorandum dated October 27, 2011, labeled "Attachment 1" and attached hereto for your easy reference, any positive cash flow from any one building would most likely not be available to pay debt service on a completely different building due to grant restrictions imposed upon each project. Furthermore, each of the projects is organized as a separate limited liability corporation and therefore cash flow cannot be moved between projects without legal agreements and justifications. As such, it is necessary to address the funding issues relating to Meridian Place within the funding mechanisms that exist for that project. RECOMMENDATION The City must ensure that federal, state, and local funds allocated to this affordable housing project for formerly homeless elderly persons, are utilized in a feasible project. In light of the HUD subsidy layering feasibility requirements, which include the current and future cash flow possibilities of the project, it is recommended that the RDA loan repayment terms be restructured and the RDA loan be modified. This proposed modification would make the terms of this loan consistent with other affordable housing 606 Miami Beach Redevelopment Agency Memorandum February 8, 2012 Meridian Place Note Modification and Consent to Subordination Page 4 of4 allocations from the City by deferring any repayment of the funding for as long as the project is kept "affordable" in accordance with HUD guidelines. This project's "afford ability period" is currently thirty (30) years, commencing at the issuance of the Final Certificate of Completion. Based on the proposed modification terms, at the end of the affordability period, the City may: • Forgive the loan payment, consistent with typical affordable housing loans; • Extend the deferral period and further defer payments for an additional thirty (30) year affordability period; or • Require payment of the loan. Should the RDA approve the deferral of the current loan payments during the initial 30-year afford ability period, it will be further required that if, at any time during the initial deferral period the project fails to comply with HUD's affordability requirements, title to the property reverts to the City. Further, should MBCDC receive any GOB funds from District 5, MBCDC shall be required to use those funds to reduce the private loan debt, and rents be further reduced accordingly. SUBORDINATION OF LOAN POSITION As previously explained, in order to address the current cash flow gap, commercial bank financing has been proposed. In order to qualify for the commercial bank financing, MBCDC must not only modify the repayment terms of the February 5, 2007 Promissory Note, but it must also, as is customary with bank financing, require that the City subordinate its secured debt position to the commercial lending institution. As such, should the RDA approve the loan modification, as recommended, it is also recommended that the RDA approve the necessary subordination of the RDA loan to allow for MBCDC to secure private financing to complete the project. It should be noted that a companion item on the February 8, 2012 Commission agenda requests the subordination of City-issued HOME & CDBG loans to this project, as well. FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING At the January 19, 2012, FCWPC meeting, the Committee recommended that the item be brought to the full Commission and that the funding chart be included as part of the memo. The Administration recommended that the RDA loan repayment terms be restructured to be consistent with other affordable housing grants (loan) from the City, which defer the repayment of the funding as long as the project is kept "affordable" in accordance with HUD guidelines. This project's "affordability period" is currently thirty (30) years, commencing at the issuance of the Final Certificate of Completion. It was also recommended that at the expiration of the 30-year affordability period, the City may be given the option to either call in the note, extend the affordability period (e.g. another thirty years), or otherwise modify the note. CONCLUSION Based on the project's inability to service the RDA debt from projected affordable rent cash flow, as well as MBCDC's inability to secure additional funds based on the feasibility of the project with the current RDA loan repayment schedule, it is recommended that the RDA approve a modification of the terms of the Promissory Note in the amount of $1,500,000, dated February 5, 2007, with MBCDC: Meridian Place, LLC, for the RDA to restructure the repayment terms to be consistent with other affordable housing loans from the City which defer the repayment of the debt during the thirty (30) year affordability period. At the expiration of the thirty (30) year period, the City will have the option to forgive the loan, extend the affordability period, or require payment. It is further recommended that approval be granted for the subordination of the referenced RDA Note and Mortgage in favor of a commercial lender to be determined by MBCDC, for an amount not to exceed $980,000, require MBCDC to apply any County GOB proceeds to reduce private financing and reduce rents; and further authorize the executive director to execute all applicable documentation. JMG/HF/AP/ARB Attachments: 607 ATTACHMENT 1 City of .Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, VI'WW.miomibeochH.gov TO: FROM: DATE: SUBJECT: COMMITIEE MEMORANDUM Fi nc a . d C~~::~~~~tj8:mmittee Chairperson and Committee Members r eM. Gonzai;;{.C;ty~rh-. October 27, 2011 A DISCUSSION OF A PROPOSED MODIFICATION OF THE PROMISSORY NOTE DATED FEBRUARY 5, 2007, BETWEEN 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 MADE BY A COMMERClAL LENDING INSTITUTION. BACKGROUND Meridian Place was built in 1940 and had been operating as a 72-unit transient hotel, located at 530 Meridian Avenue, which was purchased for rehabilitation by Carrfour Supportive Housing in 2001. The "as-is" purchase price in 2006 was $3,800,000, as supported by an August 22,2006 appraisal·by J.B. Alhale & Associates, Inc., which determined the "as is" value to be $3,800,000. The appraiser also provided an "upon completion" value of $6,525,000. However; this value was predicated upon the orjginal build-out as a 71-unit deyelopment. As a result .of ongoing jssues with its funders, Carrfour Supportive Housing indicated that it would no longer pursue completion of the re-named "Sunsouth Place Apartments" project. Miami Beach Community Development Corporation (MBCDC) was approached regarding its · inter.est :in acquiring the property ·to ·ensure its .continued · .availability to the communjty as affordable housing. To complete the transaction, MBCDC requested funding· from the City to assist in ~he acquisition of the property. In July 2006, Miami Beach Community Development Corporation (MBCD.C) entered into a purchase agreement with Carrfour Supportive Housing for t})e acquisition of the property. An underwriting analysis performed by First Housing Finance Corporation on November 29, 2006, determined that based upon the proposed financing structure, the rehabilitation and construction completion, the principals' experience, the favorable financial support from the City of Miami Beach, and considering the noted debt service coverage, the proposed transfer of ownership of the uninhabitable development to MBCDC was considered favorable. At that time, there was no debt service contemplated for the RDA's $1 ,500,000 contribution. On October 11, 2006, the Miami Beach Redevelopment Agency (RDA) approved Resolution No. 538-2006 authorizing an appropr~ation of South Pointe Redevelopment Area funds in the amount of $1,500,000 to be utilized by MBCDC for the purpose of MBCDC's acquisition and rehabilitation of the building located at 530 Meridian Avenue to provide 34 units of affordable housing for·elderly, fonneriy homeless persons. On February 5;2007, a Mortgage and Security Agreement and a corresponding Promissory Note were executed by MBCDC: Meridian Place, LLC, a Florida limited liability corporation (the Promissory Note), committing to a repayment schedule in the amount of $150,000, commencing December 31, 2011, and continuing each 608 ·-·:. Finance & Citywide Projects Committee Modification of Meridian Place Promissory Note October 27, 2011 December 31 thereafter annually. In order to complete the total renovation of the project and meet HUD's national objective, MBCDC also obtained funding directly from U.S. HUD, the State of Florida, and Miami-Dade County to cover the construction costs. However, commercial bank financing will be necessary to cover a budget gap and to provide gap financing until some other funding sources are received. In order to qualify for the commercial bank financing, MBCDC must modify the repayment tenns of the February 5, 2007, Promissory Note and is also, as is customary with bank financing, requesting that the City subordinate its secured debt position to the commercial lending institution. The rehabilitation of the property (now known as Meridian Place) is underway and the project is approximately 60% complete, with completion anticipated in February 2012, assuming the necessary cash flow is secured. ANALYSIS At the time of MBCDC's acquisition of Meridian Place, total project costs were estimated at $6,629,000, including acquisition. Since that time, the City's regulatory processes, which in~luded Board of Adjustment and Historic Preservation hearings, as well as HUD's regulations concerning the size of the units, necessitated significant modifications to the plans, including the complete reconfiguration of the floor plans to reduce the number of units to 34, the addition of an elevator, and the reconfiguration of the lobby for ADA compliance. The total costs are currently projected at $8,117,797, including the $3,800,000 acquisition cost. Total currently allocated grant and loans funds are $7,139,822, including the RDA contribution. In addition, U.S. HUD vouchers for construction debt will be available ($335,012), and MBCDC has se.cured a commitment of Miami Dade County General Obligation Bond funds (County GOB) in the amount of $440,431. Until the HUD and County GOB funds are paid to MBCDC, the funding gap to complete the construction of the project is $977,975. · Currently, the County has $440,431 of District 5 funds· allocated to uMiami Beach Community Devefopment Corporation to finance developm·ent of certain affordable housing· units." While commercial bank financing is currently being sought in the amount of $977,975, once the County GOB funds are released, MBCDC anticipates paying down the commercial bank loan with the $440,431, MBCDC's preliminary approval of $440,431 in County GOB ·funds is ·still subject to official project allocation to Meridian Place, but also to successful underwriting review by the County. Successful underwriting is critical to the allocation of the County GOB :funds to Meridian Place. If MBCDC . is ultimately successful in securing the County GOB f~nds for Meridian Place, the savings in cash flow from the reduced debt service will be utilized to reduce rents to make the units more affordable. Based on current rental income projected for this. affordable housing project, and in light of the RDA debt service which is scheduled to commence this December and the current market value of the property, MBCDC has been unable to obtain a commitment for private bank financing to fill the current funding gap. MBCDC recently applied for a HUD HOME/HOPWA grant in the amount of $300,000 from the City of Miami and was informed that the current cash flow projections with an RDA repayment beginning this· ye.ar would render the project unable to maintain the levels of rents required by the grant program. Furthermore, a draft of the HUD- required independent · third-party Subsidy Layering Review recently requested by the Administration indicated that the development's cash flow, which is limited by HUD rents, does not support annual principal payments in the amount of $150,000 to the RDA. Page2 609 Finance & Citywide Projects Committee Modification of Meridian Place Promissory Note October 27, 2011 The value of the property was recently appraised in conjunction with the HUD-required Subsidy Layering Review. On April 21, 2011, J. Alhale Appraisals, Inc. updated the previous appraisal and determined market values utilizing various different approaches, to be as follows: Prospective Market Value Upon Completion of Renovation; .tn a 34-unit affordable rental housing use Without the favorable loan/grant package (Not economically feasible) $1,990,000 Estimated investment value in a 34-unit affordable housing Use upon completion of remaining rehabilitation Subject to the favorable loan/grant package $4,760,000 Based on cash flow projections outlined in MBCDC's Meridian Place Proforma dated 9/21/11, which is attached and labeled Exhibit A, the annual RDA debt payments would create negative cashflow of more than ·$100,000 in each of .the next ten years. This position is further compounded by an additional $1,000,000 in negative cashflciw if the State debt is repaid in the year 2020, as required. MBCDC states that if the RDA Promissory Note is modified to reflect a deferred or forgivable status, then the project will be provided with a modest net cash flow average of approximately $20,000 for each of the next ten years; with the exception of the first year of operation. This also presumes that MBCDC is successful in receiving its requested payment deferral and extended amortization of the State debt. ADDITIONAL INFORMATION As a part of the City Commission's May 11, 2011 referral of this discussion to the Finance and Citywide Projects Committee, Commissioner Libbin requested that MBCDC provide a spreadsheet of all the buildings owned by MBCDC and when they will become cashflow positive. Commissioner Libbin asked which buildings are going to have free cash and when it comes available. MBCDC's Consolidated Revenue and Expense by Sequence Report Period: 9/1/2010-8/31/201·1 is attached as Exhibit B (Exhibit 81 is a summary of the revenues and expenses; Exhibit 82 is the full back-up information). lt is important to note that if there were any positive cashflow from any one building, most, if not all of MBCDC's buildings are highly leveraged by a variety of grants, and any positive cashflow from one building would most likely not be available to pay debt seJVice on a completely different building. Furthermore, each of the projects is organized as a separate limited liability corporation and therefore cashflow cannot be moved between projects without legal agreements and justification. RECOMMENDATION Notwithstanding these considerations, a responsibility exists to ensure that HUD HOME and CDBG funds allocated to this affordable housing project for formerly homeless elderly persons, are utilized in a feasible project. In light of the HUD subsidy layering feasibility requirements, it . is recommended that the RDA loan repayment terms be restructured to be consistent with other affordable housing grants (loans) from the City which defer the repayment of the funding as long as the project is kept "affordable" in accordance with HUD guidelines. This project's Psas3 610 Finance 8: Citywide Projects Committee Modification of Metidian Place Promissotv Note OctolJer 27, 2011 · "affordability periodn is currently thirty (30) years, commencing at the issuance of the Final Certificate of Completion. Should the deferral be approved, it is recommended that at the expiration of the 30-year affordability period, the City may be given the option to either call in the note, extend the affordability period (e.g. another thirty years), or otherwise modify the note. Furthermore, consistent with other recently approved grants and loan documents to MBCDC, a provision may be added to the tenns of a modified loan which requires that, in the event the project fails to comply with HUD's affordability requirements, title to the property reverts to the City and the RDA loan repayment is accelerated and is immediately due and payable. CONCLUSION Based on the project's inability to service the RDA debt from projected affordable rent cashfiow, it is recommended that the RDA loan repayment terms be restructured to be consistent with other affordable housing grants and mortgage documents provided by the City, which defer the repayment of the funding as long as the project is kept "affordableu in accordance with HUD guidelines. Additionally, a reverter clause is recommended which will require that, in the event the , project fails to comply with HUD's affordability requirements at any time during the af.fordabilfty period, then the tftle to the property will revert io the City and the RDA loan repayment will be accelerated and immediately due and payable to the City. Also, it is recommended that MBCDC be required to apply the proceeds of the GOB funding from the County to the reduction of the private bank financing, and rents be reduced to reflect the debt service cashflow savings. Finally, tn ·light of MBCDC's need for upfront funding of the HUD approved gap financing and the additional private bank gap financing, it is recommended that the City subordinate its secured debt position in the maximum amount of $980,000 to a. commercial lending institution, if bank financing is secured, consistent with prior practice. JMG/HMF/AP/ARB Attachments H:\Real Est, Hsng & Comrn Dev\Community Development\Meridian Finance Memo October 27 2011 10-21-11.docx Psge4 611 . EXHIBIT A 612 0) ~ w I . I MCI<IUIA. ----· ... -..... 10/ff.S . 18,521! _SgFIIUtllls Cosls llt!f ~ ~AVE. Miami Bln!Ch ft 33'13~ COsts to cornp!!lte 1 -hn ~COs!$ 1. s a OVeillealls u. I FlorliiiHoUSina Demo lOan 101 1,000,000 Perstt Ft Per IPRE Revis ad I OPEAATIOI•f 2: GciS!s ri!V -;: ' Moanagl!ment {n K of grr:n:;s 1-!.755 14 "•'"~ AOq. Clolllnt:l ~::Delio .. " 17,9-IS Accaunlln" 3,000 l Colll4 osr 6 2.890 Tllk!: Uod:.te 12 ors Llc:enc:e a Perm ts 7!io Cos1s par 114 31 a22 Other GloS!nu.cl'larues 28M3 Melntsnanee 20.~00 Cc&l!l Par 28 13,1135 Seller Mi?£!QaaeJnlorut 430 oss Garba!ll! OliliiOsal ~.ooo Tolal Cost psr ~91· 238 759 OOOa!riiCUon Loan lnlerut 30 ooo extermlneUno iiD 100 om 1.2oo Permanent La.n Closln!l 20 ooo Grounds Malnuii! 100 ~>m 1,;.oo ltl!lpecUon Fees 1 a,&oo Comll1!ln Ell!clrlc 10.001 MAXIMUM -'1,823,928 i~j>ralsal · 7,000 Water&Sewer 3: CMB -HOME ;ws 489 Survev 2.soo Elevator M~nlenanc:e @300 om County HOME 280 517 • l£!m_Jinl·-~ r'IUD.t.: 615,565 16% -:! ~ ~ ~CifMiil!nlBeacb RDA 106 1500000 12 000% 10 12,500 • 12 o 00% ao o ~6.388 TPTA 2Ai7,S7-5-Total Monllilv Deb\ Service ZO 3&8· L4 i.tU~nua.IRantSchedue: SQ.I'T. Units 1 Renl/mo. #PvmUVr, Annual Rents HOME2011 I.Qne B~~ AMI <SO% HOME 11 717.00 12 9H41 Base Rent Loan Amort Contract Rent -· . . .. , <~HOME 3 680.00 12 24480 ~ 543.0C!i 1S0,20_l 733.20j 8 Rent I 20 I 733.20 12 I 175,9! 5 I .TOtal NUMber"' Unlb: {FLOW I Ren!allnaome Year 1·10 I R!'1llallnconte Year 11-30 Vacancy ..,.. FY 02/03, 03104, OSfOS,DSfD7,0atoa Raptogr:rm Vaar2011 No Income, project 10 ba compldl<•d in Morc:h 2012 3,11 1 QI'O!:s Poten!lallnftr>l'nft. 295,09 381,339 ~~------~--~~--,---~----r---~---r--~,---~--~----~--~--~--~~---r--~8----~--~9----,----1~0~---IU\11! 20111 I 2020 ~-=<-0.::!1_ 3.00% 2!15,092.\ aoa,945\ a1a,06al m,4ssr -aa2::i2ill a~.093 3$2.355 362.926 373,81-'1 3BS.otl! 19,:!51 18-:1~ 1ll,S91 17_,61 11,11JS 15.606 16.123 15.859 1:1.590 14,765 0 .0 -. 3.00% 5.00% 4.00"" Plus: Olher --r--------~ 'EFFECiiVEGR<:SSINCOME Ol .280.337 280355 29 410 306332 315,522 324,988 334.738 344.730 3551231 ass,,, Less: Om!ratinl! --· ii.OO% 0 163,297 169,828 176,&22 183 606 191,034. 198,675 208,622 21~ 887 223,(1.!3 232.'-7.'-NetooeraUIIQ mi!OI'IIe{NOl).... D 117 041 120,626 1211788 1ZZ.G46 124,<1#8 126,313 1211,115 129,892 131.S40I 133,355 Less:1st , Oebtsel'lllae" Assbh!d 45,648 48.8411 <!5,&~0 451148 45 648 45 648 45 648 45 Bola 45.648 45,e<eJ 2mlM .Oeblse!W>e.. Non 40.768 -18768 -40.768-48768 4B,TBB 48788 48,768 .(87811 48768 .te,76ej 3rd Stale Loan 1,000,000 0 4thRDAloan 151),000 150.001i 150000 150000 150000 150000 150000 150000 150000 150,000 liobiiMonthll Mortml~ 150.000 24-4.415 2oW.415 244.415 . 2.44.-415 2oW.416 244,4j5 2<14.415 2oW.-415 1.24M151 ~.dl& l:t:Zli.BBS 11lll!,6Z7 112.1.170 !119,927f--1110.1031 !116,300C-lffoi..523X (1:117~775) _ __ u.sss [150.000 (127.37 1 I NET C:ASH FLOW 0.111 --_1.-<1] 0.00\ 0.48 G.4UI -bAD 0.50 0.5' 0,52 o.s: o.s:sl iBlDEB' m >< =r:: o:J -! )::--10!1:::1;.1:'1~ Meridian PlaCI!I Pn:lfanna CMB Nate Repayment3.123 '· ·--............... ...: ...... ·-----·-------------··· --·-----·--··--···-· ...... . i I _, i I ! j EXHIBIT B 614 en ~ CJ1 RMnue e.p. .... Nal !""""" Avatlabla lor Oabl 1. O&pradaltolt Elcp!IUID Dabl sorvlca Mllooo o~•rl!aiHI 111111 Pralft Daprada1!an Elcpan•• Noll-MBCDC Conaolldalcd Revenue end Expense by Sequence Report Period: 9111201 0 -813112011 J\t.li!H I!A!IRllllA ~ IWICI.AY CRESPI (PROJECTeD) 0/\I.IAOilO FIIRNWOOO Jl!PI'I!ntiO MADISON SCA1TE!lEO SHElBOIJIINE VILlA MAP.~ \1/ESTl:HEST'ER Tol•l ~ ........ _,_..,. .......... '""•""~ '"'•'""'"A """''"'·"" 12T,or.t:I.OG 1114,~28.00 42,030.115 1&G,97D,DI "'7!10::19,::::08;;:3,'il43;==::;1;:;88;=:,8;:;&a.3===='1 1ID,T17.1% IOA,&DUI 271,%12.03 15~.'00,04 l-'•M>?.:n 81,11111.112 135,037.47 3118,301,211 Bi,107.42 1BD1044,0D ~2,703,91 139,118,08 138,137.01 __ 1~,.1~~--~1,~49.76 199,85Cl.d2 171,12J,U 10G,P3UG f,7P.t,t:~!J/t:' ~a.72U1 iO,Bb9.iS ~~.1~5.76 ~&.238,&4 28,482.00 :na.ao 10,001,75 60,946.52 48,417.03 19,487.37 (26UI) u.oaus ~7.553.<8 l.r.:i,,l.?.l;~ @?1420.00) (31,~81.!10) (83.14) (11,004.!!0) , (381937.0D) {22,10) (170.07) {43,88&.ll0) (18,324,13) (4,llllG.!JO} (14MB} (!!O,O;t,O!J) (4S,B•!.IHIJ !l•?.~'M~J. 1M81.S1 24,688,15 lr.I,OS2.G! M,331.84 (11,11&.00) 204,?0 10,B9f.GB 7,l77.&a 30,0!2.80 1:!.812.37 (413.37) 3%,o!OUS 1,701.~8 iPJi..~~0.~1 {&31000,01!) (118,1197,!10) f32,118,!!0) (BI.040.DO) 0.00 0.00 (7Y,302.00) (38,740,01!) (87,&11.62) (31,170,01!) {111,91 JI.OO) (lll.157.00) (TS;>,IHI..IE?.l (47,11!11.:111) t'~,108.85) ~4.112 (:!5,808,:14} (11,116.!!0) :!DUB (GU,B1D.3:!j e1.~82.4Dj (117,&18,112) (10,357.113) (Sl,:\74,37) (45,543.•5} (119,'.S<U2) (S;2,71.,,;r} '· rn >< :::r:: o::l -1 co _.. 0) ~ 0) Atqu1dlan ct.IJ!na Co!!ls Ullily04MIIdldn Fou lllllllcHlperlllfnt Waler'"'dSG'IIBr Garbage Colotlfon Telophone o-.onbablo li'ldlrmlnallan l!>pansa1 l!/ovolatldalni-H !.awn Marm-ncu I!Uppllq 11111 Mlllerloll Cancio Malnlantlnea l'ea Mllri111JG111enl F'ea MBOOC Nonogomenl F .. TIXOIIdll Partnor Canlrut Malnlonllrlda FaeiAI!CIJC Janllotltl COtilmet MI!CIJO LtmnFen · !lon!(Fets CGMtrutlfonP-. Flas . IIIHrvoslilrl\eploe.,..nfl Uncallad•bl• Rani • U...u.ctablo Ani Prev.l'adtHI1 E!tpeniDI P-P1!l!Udl Tatal e.pcm.aa Htl !ncomto Avaldbll l'orllobl & bepruclllllon l!!lopun11 DtblS8Mca MSOOC ovirfu.od ana Pfclll Oopri!O!IIIlanl:xponae Notlncoma MBCOC Conuolldaled Revenue and Expense by Sequence Report PeriOd: 9/1/2!J10-8131/2011 AUeH SAI!RINI\ M!CHlGAN BARClAY CAESPI (PROJEC~ CAMAcHO FERNWoOD JIU'PERUO MADiaOH IICATTI!I'tEO .SHEleolJIINI! Vlli.AW.RIA WESTCHESTER Tl!lbt 0.00 o.oo o.oo 0.00 0,00 0.00 0.00 o.oo o.oo 1~1.BG 0.00 0.00 o.oo tl.t,o;; o.oo D.DD 0.00 o.oo· 0,00 3!.32 o.oo 0,00 0.00 0.00 0,00 0.00 Mo :4&,!!;: 1,1189.4& 7,GOU7 55,61~.39 2.1~8.3~ 32,400.00 G.l14.00 20,781,67 7,42d.B3 2.1R07 1~0.00 23,101.30 3,~99.00 MSUO 11!=!,,1~.~'! 7,202.1& 23,!125.87 3T,B77.3B 11,349.32. 24,000.00 1,013.00 0,121.52 10,571.3& 13,&Sf.U 0,00 8,200.23 1~,737.29 11,700.72 17~.a7.rlJH 4,353.83 • 5,684.42 O,DS!.D2 &,878.23 !i,78tLOO 2,346.07 7,529.10 4,241,07 7,002.99 0.00 3,D03,1Ja 5,!!7,02 5.B~D.70 l!r:~li"!:,t:r; 2,094,1Ja 1,933,!12 0,531.114 o.oo 0.00 0,00 2,BO>.Oft 13,013.67 1,846,18 0.00 S,IBG,U 2.0<7.:10 1:,1!(9.t:l ~!'·.1~1'J..'r'-. 421.47 o.oo 33U.08 o.oo 0.00 0.00 30MO O.DO o.oo 0.00 o.oo "·!0 0.00 t,1n:..c:s DCli.DD 2,94MS 2.B!fl.42 450.00 1,000.00 1®.00 1,0®.00 1,nao.oo !ll!O,OB 800.00 1,6T3.Sd 1.~40.00 19<-.91 1':.7:!1.,1.1! o.oo 0.00 970.00 O.DO 3,000.00 0,00 0,522.21 4,171.54 3,121.91 o.oo 2,712.70 J,S2t.OT 0.00 :1,01~.~.( 8~0.00 1,GBO.OO 005,00 4,200.00 1,200,00 340,00 D10.DO 1,030,00 100,00 o.oo 1,812.54 ABO.® uo.oo 1.!.~.(T.~~ 2,003.!111 0,00 O.DD 200.00 1,000,00 70,00 o.oo o.oo 0.00 o.oo o.oo 10,.111 0.00 ~.;:u~.!!r; 0.00 0.00 0.00 o.oo o.oo 0,00 0.00 p.oo o.oo 46,750,84 o.oo D. DO 0.00 .!l';,j!;tl,f!ot 11,780,00 18,976,00 12,000,00 9,400.00 0,070.00 ~.170,00 IO,BB4.0D 16,078.00 2,489.90 7,114UO 14,11%.00 1',675.00 11,G26.00 11.1),frt;.~; o.oo 0.00 0.00 0,00 o.oo 0,00 o.oo 0.00 :!.49!1,96 0.00 0,00 0.00 0.00 7.,l0:?,t;; 18,200.00 25,200.00 0.00 13,200.00 27,300.00 7,700.00 14,400.00 22.000.00 11.800,00 10,200.00 19.200.00 ~T.!Ob.Oll 11.;,AOO.OO ::H,'.'FO.n!J ?,aoo.oo 8,000,00 o.oo G,GIJD,OO ll.OD 2,!10D.Oll G,DDO.DO 6,000.00 8,000.00 D.DD s.ooo.oo 5,500,00 ;,200,00 n.1:r;n.r.Jo 0,00 o.oo 0.00 O.Oll 0.00 70.10 o.oo b.OO 237,50 0,00 0,00 11,141.00 o.oo ~ t.l.~r..e;!'l 30,00 00,00 12.00 0.00 0.00 2D.Ds 0,00 30.00 70.10 0.00 (181.00) 11',00 .(1,t"J ;:~JL,I/:i 143.76 393,75 <93,78 346,00 o.oo 0.00 70,00 180.00 o.oa 142.7£ 70.011 !TIJ.:SD B!:!.T5 :u::rn.n!i &.000.00 8,100.00 33,000.00 4,800.00 11,700.00 7,200.00 5,400.00 0,100.00 0,00 3,900,00 7,200,00 10,200.00 7,1.00.00 1~,.~~r..f;l'1 0.00 0,00 Q.OO 0.00 9,070.00 0.00 23B,b0 O.OD o.oo a.ao 0.00 0.00 0.31 f'J.";:f'l-;,:r1 0.00 0,00 0,00 aa.oo 0.00 0.00 0.00 o.oo 2,752.01 1,!115,00 ITa. vi 2'-D,OO 27.00 s.~:;,,e~ .. 0.00 0.00 0.00 • 0,00 o.oq 0.00 3,431,01 0.00 o.oo 0,00 1,391.25 !1,011.3!1 o.oo 3,l:11.1.i 88,018.82 13S,D3M7 300,301.20 81,197,42 1&&,944.00 42,7o3.oo 130,118.118 130,137,11 118,405,1.9 91,%49.7& l&s]so,•t 171,12MB 1!'6,93G.E!6 \,1';:1..!'•;"'.1_:1,..!1; 48,728.61 511,009.15 33,145.7& 4&,23&.!14 25,402,09 220.00 1D,D81,7S SII,04U2 48,417.03 iD,ttG':'.aT (2l!U1) 03,0DU5 1.7,SS'-. .(S 'S:~.';l;,r;1 (33,420,011) f.3M11,DO) (83,14) (1t,90ti,OO) (311,031.00) (22.1di !170.07) (43,&&8.!io) (10,324.13) (G,!lSS.OO) (141,41) (I!O,GTI,OO) (45,&4!,00) (m.o<M*l. 15,308,61 24.&98.15 33,002.1la ~U31.D4 (11,1G5.DO) 204,70 10,1101,08 7.2.77,42 ~U.OD2.DO 12,812.37 (413.3'/1 31.,404,55 1,TOL,l6 •~;.oo-,.91 (83.000,00) (i18,5B7,00) (32,118.00) (59,D411.00J 0.00 MD (77,302.00) (30,740,00) (8T.G11.S2) (31,170.00) (51,981.00) (77.948.00) (121,157.00] ('i$~.1t~l..r.::n (47,11!11.39} _____ (!14,106,1151 ------__ ]lli~.S2 J2B,aoo.3Sl_ ____111.1~_ggL. __ 204:111 [BO,dj!!.!!2l. __ @IA~i~l_-_(!M1_8.ll~t __ (1B,SGT.G3) ___ (!~,!!T_ol_,3_'!l ___ (4S,BAS.•5) (H•,<S2.~:!) (;:-::,.,;.r.:\.~~l '· RESOLUTION TO BE SUBMITTED 617 THIS PAGE INTENTIONALLY LEFT BLANK 618 REDEVELOPMENT AGENCY ITEM SUMMARY Condensed Title: A Resolution approving a First Amendment to that certain Retail Lease Agreement by and between the City of Miami Beach, the Miami Beach Redevelopment Agency and Penn 17, LLC., dated September 16, 2011 , involving the lease of approximately 7,807 square feet of ground floor retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida; said First Amendment correcting the gross rentable retail space from 7,807 square feet to 7,655 square feet as well as providing for a corresponding reduction in annual rent from $585,525 to $57 4,125 and the cost of Common Area Maintenance (CAM) from $100,370 per_y_ear to $98,850 per _y_ear. Key Intended Outcome Supported: Increase resident satisfaction with the 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 groUQ_ would recommend Miami Beach as a j>lace to do business. Issue: I Shall the RDA approve the First Amendment to the Lease Agreement? Item Summary/Recommendation: On April 13, 2011, the Mayor and City Commission adopted a Resolution, approving a Lease Agreement (the Lease), having a term of nine (9) years and 364 days, between the City and Penn 17, LLC, for use of approximately 7,807 square feet of ground level retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida, for a restaurant (primary use), with ancillary uses for a bakery, a bar/cafe, and a book and gift shop. The Resolution also approved the execution of a Pre- Lease Due Diligence Review Agreement, granting the Tenant a maximum of six (6) months following approval of the Lease, in which to reserve its leasing rights while advancing design and plan development and consulting with the City's Planning and Building Departments in order to ascertain the feasibility of obtaining a full building permit prior to actual commencement of the Lease. On January 11 , 2012, the Mayor and City Commission authorized the Administration to proceed in separating out the retail portion of the Pennsylvania Avenue Garage via a condominiumization process so as to ensure the continued tax exempt status of the municipal parking garage. Part of the process involved the preparation of a certified boundary survey, clearly delineating the retail and parking areas of the building. The survey revealed the actual size of the retail space to be 7,655 square feet and not 7,807 square feet as defined in the Lease Agreement between the City and Penn 17, LLC, a difference of 152 square feet. In order to address this discrepancy, the Administration recommends amending the Lease Agreement to reflect the adjusted square footage as provided for in the survey and to reduce the annual base rent accordingly, from $585,525 to $574,125, a difference of $11 ,400. The Tenant's Common Area Maintenance (CAM) cost will also need to be reduced from $100,370 per year to $98,850 per year, a difference of $1,520. Advisory Board Recommendation: Financial Information: Source of Funds: n/a ~~--+I_A_m_o_un_t ________________ +I_A_cc_o_u_nt __________________ ~ I I~ I Financial Impact Summary: ent Director T:\AGENDA\2012\February 8, 2012\Consent\Penn 17 LLC Agreement Amendment RDA Summ.doc G MIAMI BEACH 619 AGENDA ITEM ............... 1 B""--_ DATE rz-3-12.. ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: REDEVELOPMENT AGENCY MEMORANDUM Chairperson and Members of the Miami Beach Redevelopment Agency Jorge M. Gonzalez, Executive Director ~b~ February 8, 2012 U .~ U A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE CHAIRPERSON AND SECRETARY TO EXECUTE A FIRST AMENDMENT TO THAT CERTAIN RETAIL LEASE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH, THE MIAMI BEACH REDEVELOPMENT AGENCY AND PENN 17, LLC. (LESSEE) , DATED SEPTEMBER 16, 2011, INVOLVING THE LEASE OF APPROXIMATELY 7,807 SQUARE FEET OF GROUND FLOOR RETAIL SPACE AT THE PENNSYLVANIA AVENUE GARAGE, 1661 PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA; SAID FIRST AMENDMENT CORRECTING THE GROSS RENTABLE RETAIL SPACE FROM 7,807 SQUARE FEET TO 7,655 SQUARE FEET AS WELL AS PROVIDING FOR CORRESPONDING REDUCTIONS IN LESSEE'S ANNUAL RENT FROM $585,525, TO $574,125, AND IN THE CHARGE FOR COMMON AREA MAINTENANCE (CAM) FROM $100,370 PER YEAR, TO $98,850 PER YEAR. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND On April13, 2011, the Mayor and City Commission passed Resolution No. 2011-27647, approving a Lease Agreement (the Lease), having a term of nine (9) years and 364 days, between the City and Penn 17, LLC, for use of approximately 7,807 square feet of ground level retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida, for a restaurant (primary use), with ancillary uses for a bakery, a bar/cafe, and a book and gift shop. The Resolution also approved the execution of a Pre-Lease Due Diligence Review Agreement, granting the Tenant a maximum of six (6) months following approval of the Lease, in which to reserve its leasing rights while advancing design and plan development and consulting with the City's Planning and Building Departments in order to ascertain the feasibility of obtaining a full building permit prior to actual commencement of the Lease. The Pre-Lease Agreement which expired on October 13, 2011, contained two milestones, requiring the Tenant to have a) entered into a contract with a licensed architect/engineer and b) to have submitted a complete application for a building permit, evidenced by the 620 Redevelopment Agency Memorandum Penn 17, LLC-Retail Lease Amendment February 8, 2012 Page 2 of3 issuance of a building permit process number by August 13, 2011. However, due to the complexity associated with addressing some of the design issues, including, but not limited to, the installation of grease traps, additional sub-grade plumbing and kitchen exhaust venting, the Tenant was unable to meet this deadline. Consequently, the Tenant was faced with two options, automatic termination of the Lease and forfeiture of its $25,000 Pre- Lease deposit to the City, or electing to execute the Lease and crediting the $25,000 towards its security deposit, albeit without the benefit of a building permit in place. On August 29, 2011, in accordance with the provisions of the Pre-Lease Agreement, the Tenant elected to proceed in the execution of the Lease, committing to an October 13, 2011 Commencement Date as well as establishing a $1 ,000,000 escrow construction fund. Concurrent with the execution of the Lease, the Ten ant formally engaged Halloran Construction (Contractor) and Design 3 Architects to further develop and finalize the plans for permitting. The plans were submitted to the Building Department on October 4, 2011, and are currently in process of being reviewed and commented upon. In order to expedite work at the premises and in consideration of the extensive and delicate scope involved in the demolition and sub-grade work that needs to precede the interior build-out, the Contractor applied for a separate permit for partial interior demolition of the space, which was approved by the Building Department on January 17, 2012. With demolition set to commence the week of January 23, 2012, the Contractor estimates the interior build-out to proceed by mid-February with completion tentatively scheduled by late June, early July, 2012. ANALYSIS On January 11, 2012, the Mayor and City Commission authorized the Administration to proceed in separating out the retail portion of the Pennsylvania Avenue Garage via a condominiumization process so as to ensure the continued tax exempt status of the municipal parking garage. Part of the process involved the preparation of a certified boundary survey, clearly delineating the retail and parking areas of the building. The survey revealed the actual size of the retail space to be 7,655 square feet and not 7,807 square feet as defined in the Lease Agreement between the City and Penn 17, LLC, a difference of 152 square feet. In order to address this discrepancy, the Administration recommends amending the Lease Agreement to reflect the adjusted square footage as provided for in the survey and to reduce the annual base rent accordingly, from $585,525 to $574,125, a difference of $11,400. The Tenant's Common Area Maintenance (CAM) cost will also need to be reduced from $100,370 per year to $98,850 per year, a difference of $1 ,520. It should also be noted that the reduction in annual rent will also reduce the brokerage fee due to Koniver Stern by approximately $6,361. 2 621 Redevelopment Agency Memorandum Penn 17, LLC-Retail Lease Amendment February 8, 2012 Page 3 of3 CONCLUSION The Administration recommends adopting the Resolution. JMG\HMF~KOB T:\AGENDA\2012\February 8\Consent\Penn 17 Retail Lease Amendment RDA.MEM.doc 3 622 RESOLUTION NO .. _____ _ A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA), APPROVING AND AUTHORIZING THE CHAIRPERSON AND SECRETARY TO EXECUTE A FIRST AMENDMENT TO THAT CERTAIN RETAIL LEASE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH, THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA) AND PENN 17, LLC. (LESSEE), DATED SEPTEMBER 16, 2011, INVOLVING THE LEASE OF APPROXIMATELY 7,807 SQUARE FEET OF GROUND FLOOR RETAIL SPACE AT THE PENNSYLVANIA AVENUE GARAGE, 1661 PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA; SAID FIRST AMENDMENT CORRECTING THE GROSS RENTABLE RETAIL SPACE FROM 7,807 SQUARE FEET TO 7,655 SQUARE FEET AS WELL PROVIDING FOR CORRESPONDING REDUCTIONS IN LESSEE'S ANNUAL RENT FROM $585,525, TO $574,125, AND IN THE CHARGE OF COMMON AREA MAINTENANCE (CAM) FROM $100,370 PER YEAR, TO $98,850 PER YEAR. WHEREAS, on Apri113, 2011, the Mayor and City Commission adopted Resolution No. 2011-27647, approving a Lease Agreement (the Lease) between the City, the RDA, and Penn 17, LLC (Lessee), having a term of nine (9) years and 364 days, between the City, the RDA and Penn 17, LLC, for use of approximately 7,807 square feet of ground level retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida, for a restaurant (primary use), with ancillary uses for a bakery, a bar/cafe, and a book and gift shop; and WHEREAS, on January 11, 2012, the Mayor and City Commission authorized the Administration to proceed in separating out the retail portion of the Pennsylvania Avenue Garage via a condominiumization process so as to ensure the continued tax exempt status of the municipal parking garage; and WHEREAS, the condominiumization process involved the preparation of a certified boundary survey, revealing the actual size of the aforetasted retail space to be 7,655 square feet and not 7,807 square feet, as defined in the Lease; and WHEREAS, in order to address the difference in square footage, it is necessary to amend the Lease to reflect the adjusted square footage, and accordingly to also reduce Lessee's annual base rent and the cost of Common Area Maintenance (CAM). 623 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, that the Chairperson and Members of the Miami Beach Redevelopment Agency hereby approve and authorize the Chairperson and Secretary to execute a First Amendment to that certain Retail Lease Agreement by and between the City of Miami Beach, the Miami Beach Redevelopment Agency and Penn 17, LLC. (Lessee), dated September 16, 2011, involving the lease of approximately 7,807 square feet of ground floor retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida; said First Amendment correcting the gross rentable retail space from 7,807 square feet to 7,655 square feet as well as providing for corresponding reductions in annual rent from $585,525, to $57 4, 125, and the charge for Common Area Maintenance (CAM) from $100,370 per year, to $98,850 per year. PASSED AND ADOPTED THIS 8TH DAY OF FEBRUARY, 2012. CHAIRPERSON ATTEST: SECRETARY JMG:HF:KB:JC:KOB T:\AGENDA\2012\Feb 8\Consent Penn 17 LLC Amendment RESO.doc 624