20120321 BMMIAMI BEACH
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
March 21, 2012
Mayor Matti Herrera Bower
Vice-Mayor Jerry Libbin
Commissioner Jorge R. Exposito
Commissioner Michael G6ngora
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jorge M. Gonzalez
City Attorney Jose Smith
City Clerk Robert E. Parcher
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists"
requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying
activity with the City Commission, any City Board or Committee, or any personnel as defined
in the subject Code sections. Copies of the City Code sections on lobbyists laws are
available in the City Clerk's office. Questions regarding the provisions of the Ordinance
should be directed to the Office of the City Attorney.
Special note: In order to ensure adequate public consideration, if necessary, the Mayor and City
Commission may move any agenda item to the alternate meeting date which will only be held if needed.
In addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting
without reaching all agenda items.
Call to Order-9:00 a.m.
Inspirational Message, Pledge of Allegiance
Requests for Additions, Withdrawals, and Deferrals
The City Commission will recess for lunch at approximately 1:00 p.m.
Presentations and Awards
PA Presentations and Awards
Consent Agenda
C2 Competitive Bid Reports
C4 Commission Committee Assignments
C6 Commission Committee Reports
C7 Resolutions
Regular Agenda
R2 Competitive Bid Reports
RS 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.
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Commission Agenda, March 21,2012
Presentations and Awards
PA1 Certificates Of Recognition To Be Presented To The Participants In The 11th Annual Tour Of
Miami Beach Residential Gardens.
(Requested by Commissioner Jorge R. Exposito)
PA2 Certificate Of Appreciation To Be Presented To Assistant State Attorney Santiago Aroca, For His
Hard Work And Willingness To Go Above And Beyond For Our Residents And Visitors To Our
City.
(Requested By Commissioner Jorge R. Exposito)
(Deferred from February 8, 2012)
PA3 Proclamation To Be Presented To DecoBike To Celebrate Their One Year Anniversary.
(Requested by Commissioner Jorge R. Exposito On Behalf of the Mayor and Commission)
PA4 Proclamation To Be Presented To Bioplanet USA And To Women's International Zionist
Organization And A Certificate To John Oldenburg For Their Participation In The Women's
International Zionist Organization (WIZO) Tree Planting Event That Took Place On February 51h.
(Requested by Commissioner Deede Weithorn)
PAS 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)
(Deferred from February 8, 2012)
PA6 Certificate Of Recognition To Be Presented To V & E Restaurant Group (Espanola Way).
(Requested By Commissioner Jonah Wolfson)
(Deferred from February 8, 2012)
PA7 Certificates Of Appreciation To Be Presented To Johnny LaPonzina, President, Professional
Course Management (PCM) And Jeffery Hunt, Tournament Director, In Recognition Of The
Success Of The First Annual South Beach International Amateur Golf Tournament Hosted At The
City's Normandy Shores And Miami Beach Golf Clubs On December 18 -23, 2011.
(Requested By Commissioner Jonah Wolfson)
PAS Certificate Of Appreciation To Be Presented To Elizabeth Wheaton Of Public Works/
Environmental, For Her Hard Work And Dedication.
(Requested by Commissioner Jonah Wolfson)
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Commission Agenda, March 21, 2012
Presentations and Awards (Continued)
PA9 Beautification Awards To Be Presented To St. Joseph Patron Of Universal Church, St. Patrick
Catholic Church, Miami Beach Hispanic Community Center, New World Symphony, Soundscape
Park, Herzog Garage Lincoln Plaza, And Temple Beth Sholom, In Recognition Of Their
Commitment To Maintaining Their Property With The Highest Standards Of Care And Attention
To Outward Appearance.
(Requested by Mayor Matti Herrera Bower)
PA 10 Presentation On Civil Air Patrol By Miami Beach Cadet Squadron Captain Linus Osorio.
(Requested by Mayor Matti Herrera Bower)
PA11 Proclamation To Be Presented To Retiring Fire Chief Eric Yuhr For Years Of Service.
(Requested by Mayor Matti Herrera Bower)
PA12 Certificates Of Recognition To Be Presented To The SOIL Committee And The Ecology Club
From Miami Beach Senior High For The Participation And Dedication In 2012 EGO-Week.
(Requested by Commissioner Michael Gongora)
PA13 Certificate Of Recognition To Be Presented To David's Cafe For Their Long Standing
Contribution To The City Of Miami Beach.
(Requested by Commissioner Michael Gongora)
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 -Competitive Bid Reports
C2A Request For Approval To Issue A Request For Qualifications For Professional Engineering
Services On An "As-Needed Basis," To Provide Construction Management Support For Right-Of-
Way Capital Improvement Projects.
(Capital Improvement Projects)
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Commission Agenda, March 21, 2012
C2 -Competitive Bid Reports (Continued)
C2B Request For Approval To Authorize The Issuance Of A Request For Proposals (RFP) For
Auditing Services To Examine The City's Basic Financial Statements Included In The City's
Comprehensive Annual Financial Report (CAFR), Federal Grant Programs And State Projects
(OMB A-133 Single Audit), The Miami Beach Redevelopment Agency's Basic Financial
Statements (RDA), The Parking Systems Fund's (PSF) Financial Statements, The Miami Beach
Visitor And Convention Authority's (VCA) Financial Statements, The Miami Beach Convention
Center Financial Statements, The Building Better Communities Bond Program (BBC) The
Children Trust Grant Program (CT), And The Safe Neighborhood Parks And Bond Program
(SNP).
(Finance Department)
C2C Request For Approval To Issue A Request For Proposals (RFP) For The Acquisition Of A Mobile
And Handheld License Plate Recognition (LPR) Parking Enforcement System.
(Parking Department/Information Technology/Procurement)
C2D Request For Approval To Award Contracts To The Lowest And Best Bidders For Groups 1
Through 5 As Follows: Group 1 To Nagels North America, LLC, Group II To Weldon, Williams &
Lick, Inc., Group Ill To Toledo Ticket, Co., And Group IV And V To Rydin Decal, In The Estimated
Annual Amount Of $65,500 For Fiscal Year 2011/2012, And $160,000 Annually For Subsequent
Fiscal Years, Pursuant To Invitation To Bid (ITB) No. 06-11/12, For The Purchase Of Spitter
Tickets, Scratch-Off Hang Tags And Two Part Tickets.
(Parking Department/Procurement)
C2E Request For Approval To Award Contracts To The Lowest And Best Bidders For Line Items 1
Through 6 Pursuant To Invitation To Bid (ITB) No. 07-11/12, For The Purchase And Delivery Of
Athletic Uniforms For The Parks And Recreation Department: Items 1, 2, 4, And 5, To Matty's
Sports, Inc.; Item 3 To Unicommerce, And Item 6 To Riddell In The Total Estimated Annual
Amount Of $40,299.50.
(Parks & Recreation/Procurement)
C2F Request For Approval To Award Contracts Pursuant To Invitation To Bid (ITB) No. 15-11/12, For
Concrete Curbing/Sidewalk Construction, Purchase Of Asphaltic Concrete/Related Materials, And
Striping Of City Streets And Parking Lots; Awards Shall Be Based On Firms' Unit Prices As
Follows: Group 1: For Concrete Curbing/Sidewalk Construction, Team Contracting, Inc.; Group II:
For Milling And Resurfacing Of Asphalt Concrete And The Purchase Of Asphaltic-Related
Materials, Metro Express, Inc.; Group Ill: For Asphaltic Concrete/Related Material To Be Picked
Up Or Delivered To The City, H & R Paving, Inc.; And Group IV: For Striping Of City Streets And
Parking Lots, H & R Paving, Inc. In The Estimated Annual Amount Of $550,004.
(Public Works/ Procurement)
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Commission Agenda, March 21, 2012
C2-Competitive Bid Reports (Continued)
C2G 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)
(Deferred from February 8, 2012)
C2H Request For Approval To Issue A Request For Proposals (RFP) For The Management And
Operation Of Food And Beverage Concessions In The City's Parks.
(Real Estate, Housing & Community Development)
C4 -Commission Committee Assignments
C4A Referral To The Finance And Citywide Projects Committee -Discussion Regarding Assigning
Funds For The Placement Of A Fence Around South Pointe Park Tot Lot Area.
(Requested by Commissioner Jorge R. Exposito)
C4B Referral To The Finance And Citywide Projects Committee -Discussion On The Normandy
Shores Park At Its Existing Area Next To The Tennis Courts To Include A Vita Course
Equipment, Trees, Benches And An Open Area For Children To Run And Play And People To Sit
And Enjoy The View.
(Requested by Commissioner Jorge R. Exposito)
C4C Referral To The Neighborhood/Community Affairs Committee -Discussion Regarding The
Implementation Of A "See It, Report It" Campaign To Facilitate And Expedite The Reporting Of
Code Compliance And Non-Emergency Police Issues.
(Requested by Commissioner Deede Weithorn)
C4D Referral To Land Use And Development Committee-Discussion Regarding The Enforcement Of
Short Term Rentals.
(Requested by Commissioner Deede Weithorn)
C4E Referral To The Neighborhood/Community Affairs Committee -Discussion Regarding The 41st
Street Life Safety Recommendations From The Committee For Quality Education.
(Requested by Commissioner Deede Weithorn)
C4F1 Referral To The Neighborhood/Community Affairs Committee -Discussion Regarding The
Guidelines For Film Permits Issued In Residential Neighborhoods.
(Requested by Mayor Matti Herrera Bower, CommissionerDeede Weithorn & Vice-Mayor Jerry Libbin)
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Commission Agenda, March 21, 2012 ·
C4 -Commission Committee Assignments (Continued)
C4F2 Referral To The Neighborhood/Community Affairs Committee-Proposed Amendments To The
City's Film And Print Permit Guidelines.
(Tourism & Cultural Development)
C4G Referral To The Neighborhood/Community Affairs Committee -Discussion Regarding A
Resolution To Establishing And Designating Tobacco-Free Zones In All City Parks And Outdoor
Recreational Facilities.
(Requested by Vice-Mayor Jerry Libbin)
C4H Referral To The Finance And Citywide Projects Committee-Discussion Regarding A Renewal Of
The Current Management Agreement Between The City Of Miami Beach And The Miami Beach
Garden Conservancy For The Management And Operation Of The Botanical Garden; As Well As
A Proposal To Increase The Rental Rates For Use Of The Facility.
(Real Estate, Housing & Community Development)
C41 Referral To The Neighborhood/Community Affairs Committee -Discussion Regarding Mass
Transit Connectivity Within Miami Beach And With Miami-Dade County.
(Requested by Commissioner Edward L. Tobin)
C4J Referral To The Neighborhood/Community Affairs Committee-Discussion Regarding Prohibition
Of Cat Feeding In Miami Beach City Parks.
(Requested by Commissioner Edward L. Tobin)
C4K Referral To The Land Use And Development Committee-Discussion Regarding The Terminal
Island Traffic Study And Circulation Study.
(Requested by Commissioner Michael Gongora)
C4L Referral To The Finance And Citywide Projects Committee -Discussion Regarding A
Recommendation By The GLBT Committee To Address The Issue Of The Benefits Tax Inequality
For City Employees With Registered Domestic Partners Versus Legally Married Spouses.
(Requested by Mayor Matti Herrera Bower)
C4M Referral To The Land Use And Development Committee-Discussion On Ways To Enhance The
Land Use Boards Of Miami Beach In Order To Improve The Building And Planning Department
And Processes.
(Requested by Commissioner Michael Gongora)
C4N Referral To The Land Use And Development Committee-Discussion Regarding The Possibility
Of Restricting Destination Restaurants In The South Of Fifth Neighborhood.
(Requested by Mayor Matti Herrera Bower)
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Commission Agenda, March 21, 2012
CS -Commission Committee Reports
C6A Report Of The Capital Improvement Projects Oversight Committee Meeting On December 12,
2011: 1) Attendance. 2) Review And Acceptance Of Minutes. 3) Approval Of 2012 Meeting Dates.
4) Accomplishments. 5) Public Comments. S) Old Business/Requested Reports: SA) Status
Report: Normandy Isle; SB) Status Report: Sunset Island I & II; SC) Status Report: Sunset Island
Ill & IV; SO) Status Report: Lower North Bay Road; SE) Status Report: Par 3 Golf Course; SF)
Attachment B -Action Item #2 (Water Meter Relocation Coordination); SG) Status Report:
Venetian Islands; SH) Status Report: Stormwater Master Plan/Re-Engineering Of Sunset Harbor
Drainage; 7) Sunset Island I & II RPR Services.
C6B Report Of The Finance And Citywide Projects Committee Meeting On January 19, 2012: 1)
Follow Up: Report On The Number Of Business Tax Receipts (BTRS) Outstanding. 2) Discussion
Regarding Amendments To The Recycling Ordinance. 3) Discussion Regarding Towing Permits.
4) 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 Commercial Lending Institution. 5) Report On The Status Of FY
2010/11 Potential New Revenue Initiatives. S) Request For Approval To Issue A Request For
Qualifications (RFQ) For A Fourth Solid Waste Franchise Contractor To Provide Commercial
Waste Collections And Disposal Services. 7) Discussion Concerning City Fees And Charges For
Gay Pride 2012. 8) Discussion Pertaining To The Issuance Of A Request For Proposals (RFP)
For Auditing Services For The City's (CAFR), (OMB A-133 Single Audit), The Miami Beach
Redevelopment Agency's Basic Financial Statements (RDA), (PSF), (VCA) Financial Statements,
The Miami Beach Convention Center, As Managed By Global Spectrum, Financial Statements,
The Children's Trust Program, The Building Better Communities Bonds Program, And The Safe
Neighborhood Parks And Bond Program (SNP). 9) Discussion Regarding Property Assessed
Clean Energy (PACE) Program. 10) Discussion Pertaining To A Retail 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. 11) Discussion Pertaining To A Retail Lease Agreement With Groove Man
Entertainment, Inc. Involving Suites 1 Through 4 In The Anchor Shops, Located At 1550 Collins
Avenue, Miami Beach, Florida. 12) Discussion Regarding PAL's Refusal To Hand Over Public
Records.
C6C Report Of The Finance And Citywide Projects Committee On March 1, 2012: 1) Selection Of
Chair For Finance And Citywide Committee. 2) Discussion Concerning City Fees And Charges
For Gay Pride 2012. 3) Discussion Regarding Property Assessed Clean Energy (PACE)
Program. 4) Discussion Regarding Sanitizer Dispensers At City Facilities To Lessen Illness And
Increase Productivity. 5) Discussion Regarding The Issuance Of Request For Proposals (RFP)
For Catering And Concession Services For The Miami Beach Convention Center. S) Ordinance
Amending Penalty Charges For Late Utility Bills. 7) Discussion Regarding Consideration Of A
Letter Of 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. 8) Discussion
Regarding Updates On The Collins Canal/Bike Path Project.
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Commission Agenda, March 21, 2012
C6 -Commission Committee Reports (Continued)
C6D Report Of The Land Use And Development Committee Meeting On February 15, 2012: 1)
Election Of Chair And Vice-Chair 2) An Ordinance 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 118-53, "Composition;" Division 3, "Design
Review Board," Section 118-72, "Membership;" Division 4, "Historic Preservation Board," Section
118-103, "Membership;" And 118-104, "Appointment;' Division 5, "Board Of Adjustment," Section
118-131, "Membership," To Clarify The Qualifications And Categories Of Members To Be
Appointed To The City's Land Use Boards. 3) Discussion On The Parking Requirement And How
We Can lncentivize For Good Hotel Development. 4A) Discussion Of Jurisdiction Of Land Use
Boards Over Appeals. 48) Discussion Of Procedures For Obtaining Informal Opinions And
Formal Administrative Determinations From The Planning Director. 5) 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. 6) Use Of Legal Nonconforming Commercial Building In Single-
Family Districts. 7) Discussion Regarding Sidewalk Cafe Permits On The Drexel Avenue And
16th Street Sidewalks In Front Of The Retail Spaces Of The Park @ 420 Garage, Located At The
Corner Of 16th Street & Drexel Avenue. 8) Discussion Of An Ordinance Establishing The Miami
Beach Energy Economic Development Zone.
C6E Report Of The Neighborhood/Community Affairs Committee Meeting On January 30, 2012: 1)
Di.scussion 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. 2) Follow-Up Discussion
Regarding The Lack Of Parking For Permit Paying Residents In The Flamingo Park Parking Lot
P-10. 3) Follow-Up Regarding A Proposal To Honor The Extensive Community Legacy Of
Stanley Levine With A Memorial Bench On Lincoln Road. 4) Quarterly Crime Statistics Report. 5)
Discussion Concerning The Special Events Ordinance. 6) Discussion Regarding Enforcement Of
Litter Laws To The Distribution Of Handbills On Ocean Drive, Possible Handbill-Free Zones, And
Possible Amendments Of Sidewalk Cafe Regulations To Address The Soliciting Of Restaurant
Business In The Public Rights Of Way, And Possible Requirements For Alcoholic Beverage
Establishments Regarding Open Containers. 7) Discussion Regarding A Potential Signage
Program Establishing Miami Beach As A Hate Free Zone. 8) Discussion Regarding 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. 9) Discussion
Regarding Incorporating Children With Master Artists (le: Wyland And Britto) To Raise Funds For
The Cultural Arts Council And College Scholarships. 10) Discussion Regarding One Or More
Satellite Art Fairs From Mid-Town To North Beach During The Week Of Art Basel.
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Commission Agenda, March 21, 2012
C6 -Commission Committee Reports (Continued)
C6F Report Of The Neighborhood/Community Affairs Committee On February 27, 2012: 1) Selection
Of A Chair And Vice-Chair. 2) Follow-Up Report Concerning Quality Of Life Issues For West
Avenue. 3) Discussion Regarding One Or More Satellite Art Fairs From Mid-Town To North
Beach During The Week Of Art Basel. 4A) Discussion Regarding Enforcement Of Litter Laws To
Include The Distribution Of Handbills On Ocean Drive, Possible Handbill-Free Zones, And
Possible Amendments Of Sidewalk Cafe Regulations To Address The Soliciting Of Restaurant
Business In The Public Rights Of Way, And Possible Requirements For Alcoholic Beverage
Establishments Regarding Open Containers. 48) Discussion Regarding The Use Of Plastic
Straws On The Beach. 5) Discussion Regarding The Miami Design Preservation League's
Placement Of A Barbara Capitman Memorial Bust In Lummus Park. 6) Discussion Regarding
Muss Park Improvements And Seawall. 7) Discussion Regarding Sunrise Plaza And Beachwalk.
8) Discussion And Update On The Citywide Dunes Maintenance Plan. 9) Discussion Regarding
The Status Of The Major Event Plan For The Winter Music Conference And Spring Break. 1 0)
Discussion Regarding Parking At The Scott Rakow Youth Center.
C7 -Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit The
Following Grant Applications: 1) Florida Inland Navigation District For Funding In The
Approximate Amount Of $1,000,000 For The Construction Phase Of South Pointe Pier; 2) State
Of Florida, Department Of Health, For Funding In The Approximate Amount Of $20,000 For
Equipment Related To Pre-Hospital Emergency Services; 3) The Association Of Performing Arts
Presenters And Metlife Foundation In The Approximate Amount Of $25,000 For Sleepless Night
2012; And, 4) State Of Florida, Department Of Environmental Protection, Land And Water
Conservation Fund In The Approximate Amount Of $200,000 For The Par 3 Golf Course Master
Plan Project; Appropriating The Above Funds, If Approved And Accepted By The City, And
Authorizing The Execution Of All Necessary Documents Related To These Applications.
(Budget & Performance Improvement)
C7B A Resolution Approving An Escrow Agreement Between The City Of Miami Beach And Jose R.
Romero To Escrow Funds From The Sale Of 204 North Flagler Avenue, Homestead, Florida; 550
North Flagler Avenue, Homestead, Florida; 610 North Flagler Avenue, Homestead, Florida; And
700 North Flagler Avenue, Homestead, Florida; In Order To Facilitate The Rehabilitation Of And
Compliance With Outstanding Code Violations On The Real Property Located At 6955 Carlyle
Avenue, Miami Beach, Florida; 8119 Crespi Boulevard, Miami Beach, Florida; And 8230 Byron
Avenue, Miami Beach, Florida Owned By Jose R. Romero; And Further Authorizing The City
Manager To Take Such Action And Execute Any And All Necessary Documents.
(City Attorney's Office & Finance Department)
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Commission Agenda, March 21, 2012
C7-Resolutions (Continued)
C7C A Resolution Approving The Settlement In The Amount Of $15,000.00 For City Liens On Property
Owned By Museum Walk Apartments, LLC, Located At 2315 Pine Tree Drive, 2335 Pine Tree
Drive, 2365 Pine Tree Drive, 320 24th Street, 2370 Flamingo Drive, And 2380 Flamingo Drive, In
The Original Amount Of $256,918.20, And Further Authorizing The City Manager To Take Such
Action And Execute Any And All Necessary Documents To Complete Such Lien Release And
Settlement.
(City Attorney's Office)
C7D A .Resolution Lifting The Moratorium On Naming Requests And, Following Which, Accepting The
Recommendation Of The Neighborhood/Community Affairs Committee To Erect A Memorial
Honoring Barbara Baer Capitman, In The Form Of A Bronze Bust Resting On A Terrazzo Plinth,
To Be Installed In The 1100 Block Of Lummus Park, And Further Setting A Public Hearing To
Consider Such Request To Be Scheduled For The City Commission Meeting Of April 11, 2012.
(Requested by Mayor Matti Herrera Bower)
(Legislative Tracking: Parks & Recreation)
C7E A Resolution Amending Resolution No. 2010-27513, To Correct A Scrivener's Error By
Retroactively Approving The $20 Event Parking Flat Rate For Non-Residents At Certain Attended
Municipal Surface Lots, For FY 2011/2012 And Future Years, During High Impact Events,
Including Spring Break And Memorial Day Weekend; With Said Rate Having Been Deemed To
Have Commenced And Became Effective As Of October 1, 2011, And To Continue In Effect In
Subsequent Years, Until Otherwise Amended.
(Parking Department)
C7F A Resolution Authorizing The City Manager, And City Clerk To Execute A Voluntary Cooperation
And Operational Assistance Mutual Aid Agreement With The Florida International University, By
And Through The Florida International University Police Department, For The Purpose Of
Coordinating Law Enforcement Planning, Operations, And Mutual Aid Benefit Between The City
Of Miami Beach And The Florida International University.
(Police Department)
C7G A Resolution Authorizing The Mayor And City Clerk To Execute A Supplemental Services
Agreement Between The City Of Miami Beach And New World Systems Corporation, To Provide
Software Enhanced Services For The Aegis MSP Property Room Software Module, For The Total
Amount Of $37,000.00, That Shall Be Funded From The United States Department Of Justice,
Office Of Justice Programs, Bureau Of Justice Assistance Grant.
(Police Department)
C7H A Resolution Approving And Authorizing The Mayor And The City Clerk To Grant A Utility
Easement To Florida Power And Light At Flamingo Park For The Installation And Maintenance Of
A Transformer And Conduits That Will Serve The Flamingo Park Tennis Center.
(Public Works)
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Commission Agenda, March 21, 2012
C7 -Resolutions (Continued)
C71 A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Utility Design
By FOOT Consultant Agreement With The Florida Department Of Transportation (FOOT),
Providing For The Design Of City-Owned Utilities That Require Relocation, As Part Of FOOT's
State Road (S.R.) 907/Aiton Road Project From 5th Street To Michigan Avenue (FM # 249911-1-
52-02 And FM # 249911-3-52-02).
(Public Works)
C7 J A Resolution Approving And Authorizing The City Manager, Or His Designee, To Re-Allocate
Funds In The Amount Of $30,646 Previously Appropriated For Project No. PKNNSGCFEN,
Entitled "NSGC Aluminum Picket Security Fence In Normandy Shores", For The Purchase And
Installation Of Eight (8) Gate Security Cameras And Installation Of Two (2) Automatic Gate Arms
At Each Rear Entrance (For A Total Of Four (4) Gate Arms).
(Public Works)
C7K A Resolution Authorizing The Mayor And City Clerk To Execute A Professional Services
Agreement With Calvin Giordano & Associates, Inc., Pursuant To The Request For Qualifications
(RFQ) No. 20-10/11, For Design, Bid And Award, And Construction Administration Services, For
The Middle Beach Recreational Corridor; In The Not To Exceed Amount Of $529,630; With
Funds Previously Appropriated In The Middle Beach Recreational Corridor Phase II Project.
(Public Works)
C7L A Resolution Approving Amendment No. 2 To The Contract Between The City And Professional
Building Services, Dated August 3, 2011, For Citywide Janitorial Services, Said Amendment
Adding The Following Locations: Historic City Hall; Police Substation; North End Ocean Rescue
Headquarters; And Beachfront Restrooms; And Increasing The Contract, In The Amount Of
$17,473.74 Per Month.
(Public Works)
C7M A Resolution Approving And Authorizing The City Manager To Issue A Certification Of
Consistency With The City's FY 2008-2012 Consolidated Plan To The Housing Authority Of The
City Of Miami Beach (HACMB) For Their Annual Plan For Fiscal Year 2012, To Be Submitted By
HACMB To The U.S. Department Of Housing And Urban Development (HUD): Further
Authorizing The City Manager To Execute Any Subsequent Certifications Of Consistency With
The City's Consolidated Plan For The Aforesaid Plans.
(Real Estate, Housing & Community Development)
C7N A Resolution Authorizing A Substantial Amendment To The City's 2008 Action Plan To
Reprogram $24,842 Of Homeless Prevention And Rapid Re-Housing Program Funds To Reduce
The Funding From Administration Costs, While Increasing The Funding For Direct Financial
Assistance Services To Eligible Homeless Clients; Further Authorizing The City Manager To
Execute All Contracts, Agreements And Amendments Necessary To Carry Out The Above
Program.
(Real Estate, Housing & Community Development)
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Commission Agenda, March 21,2012
C7 -Resolutions (Continued)
C70 A Resolution Authorizing A Substantial Amendment To The City's 2008 Action Plan To
Reprogram $26,117.28 Of Community Development Block Grant Recovery (CDBG-R) Funds To
Reduce The Funding From Administration Costs While Increasing The Funding For The Boys
And Girls Clubs Of Miami-Dade Youth Center Project; Further Authorizing The City Manager To
Execute All Contracts, Agreements And Amendments Necessary To Carry Out The Above
Program.
(Real Estate, Housing & Community Development)
C7P A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
Waiving The Square Footage And Lummus Park User Fees For Gay Pride 2012 And Requesting
The Administration Develop Criteria For Future Fee Waivers.
(Requested by the Finance & Citywide Projects Committee)
(Legislative Tracking: Tourism & Cultural Development)
C7Q A Resolution Approving And Authorizing The City Manager To Execute A Memorandum Of
Understanding Between The City And Sunset Islands Ill & IV Property Owners, Inc.
Memorializing Certain Additional Timeframes And Terms And Conditions, As Agreed To Between
The Parties, And Pertaining To The Creation And Establishment By The City Of The Proposed
Sunset Islands 3 & 4 Special Assessment District For Undergrounding Utilities.
(Public Works)
End of Consent Agenda
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Commission Agenda, March 21,2012
REGULAR AGENDA
R5 -Ordinances
R5A An Ordinance Amending Chapter 110 Of The City Code, Entitled "Utilities," By Amending Article
IV, Entitled "Fees, Charges, Rates And Billing Procedure," By Amending Division 3, Entitled
"Billing Procedure," By Amending Section 110-191, Entitled "Payment Of Bills," By Amending
110-191(B) By Changing The Penalty For Late Utility Bills From Ten Percent Of The Current Bill
To 1.5% Per Month Of The Late Outstanding Balance; Providing For Repealer, Severability,
Codification And Effective Date. 10:15 a.m. Second Reading Public Hearing
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: Finance Department)
(Continued from January 11, 2012/Referred to FCWPC)
R5B 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
R5C Recycling Ordinance
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: Planning Department)
(Continued from February 8, 2012)
An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled "Solid Waste," By
Amending The Definitions In Article I, Entitled "In General," By Amending Section 90-2, Entitled
"Definitions"; By Amending Article II, Entitled "Administration" By Amending The Penalties For
Solid Waste Violations And To Provide Provisions And Penalties Relative To Recycling For
Multifamily Residences And Commercial Establishments; By Creating Article V, To Be Entitled
"Citywide Recycling Program For Multifamily Residences And Commercial Establishments," To
Provide Provisions For Recycling Requirements And Enforcement, A Public Education Program,
A Warning Period, An Enforcement Date, Collector Liability, A "Red Tag" Noticing System,
Penalties, And Special Master Appeal Procedures; Providing For Repealer, Severability,
Codification, And An Effective Date. 10:35 a.m. Second Reading Public Hearing
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: Public Works)
(Continued from January 11, 2012/Referred to FCWPC)
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Commission Agenda, March 21, 2012
R5 -Ordinances (Continued)
R5D 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. 10:40 a.m. Second Reading Public
Hearing
(Requested by the Sustainability Committee)
(Economic Development)
(First Reading on February 8, 2012/Referred to LUDC)
R5E Short Term Rental Of Apartment Units Or Townhomes
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. 10:45 a.m. Second Reading Public Hearing
(Requested by Commissioner Jorge R. Exposito)
(Legislative Tracking: Planning Department)
(First Reading on February 8, 2012)
R5F 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, An Effective Date, And A Sunset
Date. First Reading
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: Public Works)
(Deferred from February 8, 2012)
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Commission Agenda, March 21, 2012
RS -Ordinances (Continued)
R5G An Ordinance Amending The Following Chapters In The Code Of The City Of Miami Beach To
Provide Civil Enforcement And Penalty Provisions To Replace Criminal Misdemeanor
Enforcement And Penalty Provisions As Follows: Amending Chapter 70 Entitled "Miscellaneous
Offenses," By Amending Article I, Entitled "In General," By Amending Section 70-6, Entitled
"Penalties," To Provide Civil Penalties And Special Master Enforcement Provisions Relative To
The Prohibitions In Chapter 70, Except For Violations Of Section 70-3 Entitled "Vibration"; By
Amending Chapter 74 Of The Miami Beach City Code Entitled "Peddlers And Solicitors," By
Amending Article I, Entitled "In General," By Amending Section 74-1 Entitled "Soliciting Business
In Public From Pedestrians," By Providing That The Solicitation Of Any Food, Beverage Or
Service Is Also A Prohibited Activity And Providing Civil Penalties And Special Master
Enforcement Provisions; By Amending Chapter 82 Of The Miami Beach City Code Entitled
"Public Property," By Amending Article I, Entitled "In General," By Amending Section 82-1,
Entitled "Conducting Business On Streets, Parks Or Other Public Property," By Providing Civil
Penalties And Special Master Enforcement Provisions; Providing For Repealer; Severability;
Codification; And An Effective Date. First Reading
(Requested by Finance & Citywide Projects And Neighborhood/Community Affairs Committees)
(Legislative Tracking: Building Department)
R5H Vacant Storefront Screens And Signs
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 138, Entitled "Signs", By Amending Article IV, Entitled "Temporary
Signs", By Creating A New Section 138-140, Entitled "Vacant Storefront Screens And Signs,"
Providing For Repealer, Codification, Severability And An Effective Date. First Reading
(Requested By Commissioner Jerry Libbin)
(Legislative Tracking: Planning Department)
R51 Rooftop Small Wind Turbines
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
II, "District Regulations," Division 2, RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts,
Section 142-105(e), "Height Restrictions," By Amending The Height Regulation Exceptions To
Permit Small Roof Wind Turbines Up To 10 Feet Above The Main Roofline; And Amending Article
IV, "Supplementary District Regulations," Division 5, "Height Regulations," By Amending Section
142-1161 ," To Permit Roof Wind Turbines Subject To Certain Restrictions And Conditions;
Providing For Repealer, Severability, Codification, And An Effective Date. First Reading
(Requested by Commissioner Edward L. Tobin)
(Legislative Tracking: Planning Department)
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Commission Agenda, March 21, 2012
R5 -Ordinances (Continued)
R5J An Ordinance Amending Chapter 82, Of The Code Of The City Of Miami Beach, Entitled "Public
Property," By Amending Article VI, Entitled "Naming Of Public Facilities And Establishment Of
Monuments Or Memorials," By Amending Section 82-504, Entitled "Monuments Or Memorials,"
By Adding Criteria To Provide: A) That The Mayor And City Commissioners Shall Be Limited To
Proposing The Establishment Of One Monument Or Memorial Per Term Of Elected Office; B)
That The Costs Of The Design, Fabrication And On-Going Maintenance For Monuments Or
Memorials Shall Be The Sole Responsibility Of, And Must Be Borne By, The Requesting
Organization, Group Or Individual, Unless All Or Any Portion Of This Requirement Is Waived By
An Affirmative Vote Of 6/7ths Of The City Commission Following A Duly Noticed Public Hearing;
And C) That Any Person To Be Recognized By The Establishment Of A Monument Or Memorial
Must Be In Good Standing In The Community And If, After The Honor Is Bestowed, The Person
Is Convicted Or Adjudicated Guilty Of A Felony, The Name Of The Person Shall Be Removed
From Such Monument Or Memorial Or The Monument Or Memorial Itself May Be Removed; And
Providing For Repealer, Severability, Codification, And An Effective Date. First Reading
(Requested by the Neighborhood/Community Affairs Committee)
(Legislative Tracking: Parks & Recreation)
R5K An Ordinance Amending Chapter 46 Of The Miami Beach City Code, Entitled "Environment," By
Amending Article Ill Thereof, Entitled "Litter," By Amending Section 46-92 To Provide
Comprehensive Amendments Thereto By Amending The Definition Of Litter And The Litter
Prohibition Provisions In Subsections (A) And (B); Prohibiting Styrofoam Products And Plastic
Straws On City Beaches; Re-Lettering And Renaming Existing Provisions In Subsections (A)
Through (0) For Ease Of Reference And Creating New Provisions In Subsection (G) To Provide
Prohibitions On The Distribution Of Commercial Handbills: A) In The Art Deco Historic District
During High Impact Periods In The City; B) Within 20 Feet Of Sidewalk Cafes; And C) On City
Beaches East Of The Dunes, Providing Fines And Penalties For The Violation Of Subsection (G)
In The Re-Lettered Subsection (H); And Providing For Repealer; Severability; Codification; And
An Effective Date. First Reading
(Requested by Commissioner Jorge R. Exposito)
(Legislative Tracking: Code Compliance)
R5L 1 AFSCME Local 1554 Cost-Of-Living Adjustment (COLA)
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, In Accordance With The Negotiated Collective Bargaining Agreement,
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)
(Deferred from February 24, 2012)
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Commission Agenda, March 21, 2012
R5 -Ordinances (Continued)
R5L2 FOP William Nichols Lodge No. 8 Cost-Of-Living Adjustment (COLA)
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 II,
Represented By The Fraternal Order Of Police (FOP) William Nichols Lodge No. 8, In
Accordance With The Negotiated Collective Bargaining Agreement, 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 FOP
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)
(Deferred from February 24, 2012)
R5L3 IAFF Local1510 Cost-Of-Living Adjustment (COLA)
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 Ill,
Represented By The International Association Of Firefighters (IAFF) Local 1510, In Accordance
With The Negotiated Collective Bargaining Agreement, 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 IAFF 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)
(Deferred from February 24, 2012)
R5L4 CWA Local3178 Cost-Of-Living Adjustment (COLA)
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 IV,
Represented By The Communications Workers Of America (CWA) Local 3178, In Accordance
With The Negotiated Collective Bargaining Agreement, 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)
(Deferred from February 24, 2012)
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Commission Agenda, March 21, 2012
R5 -Ordinances (Continued)
R5L5 GSAF, OPEIU, Local 100 Cost-Of-Living Adjustment (COLA)
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 V,
Represented By The Government Supervisors Association Of Florida (GSAF), OPEIU, Local100,
In Accordance With The Negotiated Collective Bargaining Agreement, 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)
(Deferred from February 24, 2012)
R5L6 Others Cost-Of-Living Adjustment (COLA)
1. Alternative A -Ordinance
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 VI, Being All Classifications In The Classified Service Not Represented By A
Bargaining Unit (Commonly Referred To As "Others"), 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 Applicable Pay Range; Repealing All Ordinances In Conflict; Providing For
Severability, An Effective Date And Codification. First Reading
2. Alternative B -Resolution
A Resolution Providing For All Classifications In Group VI, Being All Classified Employees
In The Classified Service Not Represented By A Bargaining Unit (Commonly Referred To
As "Others"), Effective The First Full Pay Period Ending In April 2012, An Across The
Board Cost-Of-Living Adjustment (COLA) Of Up To Three Percent (3%) For Those
Employees Who Are Not Currently At The Maximum Of The Pay Range Of Their Job
Classification; And Providing No Adjustment To The Minimum And Maximum Of Each Pay
Range.
(Included in Collective Bargaining Agreements & Approved by the City Commission in 201 0)
(Legislative Tracking: Human Resources)
(Deferred from February 24, 2012)
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Commission Agenda, March 21, 2012
R5 -Ordinances (Continued)
R5M Unclassified Employees Cost-Of-Living Adjustment (COLA) Alternative A & B
1. Alternative A:
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
2. Alternative B:
A Resolution 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 Up To
Three Percent (3%) For Those Employees Who Are Not Currently At The Maximum Of
The Pay Range Of Their Job Classification; And Providing No Adjustment To The
Minimum And Maximum Of Each Pay Range.
(Legislative Tracking: Human Resources)
(Deferred from February 24, 2012)
R5N An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance Of
The City Of Miami Beach, Florida (The "Ordinance"), As Follows: Amending Section 1 Of The
Ordinance To Delete The Line Item Referencing "Grade 26," As Currently Located Underneath
The Subsection Entitled, "Class And Pay Grades, Salaries And Classifications," And Further
Referenced Thereunder Under The Sub-Sections Entitled "Minimum Biweekly" And "Maximum
Biweekly;" And Creating A New Sub-Subsection For Pay Grade "26," To Be Entitled "Grade,
Classifications And Compensation For The City Manager And City Attorney", Which Sets Forth
The Current Compensation For The City Manager And City Attorney Positions; Repealing All
Ordinances In Conflict Therewith; Providing For Severability, An Effective Date And Codification.
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: City Attorney's Office)
(Ordinance to be Submitted in Supplemental)
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Commission Agenda, March 21, 2012
R7 -Resolutions
R7A A Resolution Approving, In Substantial Form, A Professional Services Agreement, Pursuant To
Request For Qualifications No. 31-10/11, Between The City And A Joint Venture Of Zaha Hadid
Limited T/A Zaha Hadid Architects And Berenblum Busch Architecture, Inc., For The Planning,
Architectural, Engineering, Design, Bid And Award, And Construction Administration Services For
The Collins Park Garage Project; Said Agreement In The Negotiated Lump Sum Amount Of
$2,438,123, Plus An Additional Not To Exceed Amount Of $413,700 (For Other Direct/ Specialty
Services), Plus An Additional Not To Exceed Amount Of $100,000 (For Reimbursable Expenses);
For A Total Amount Of $2,951,823; With Appropriated Funds From The Fiscal Year (FY) 11/12
Capital Budget, In The Amount Of $1,500,000 From Fund-365, City Center RDA Capital Funds,
And $1,451,823 From RDA Operating Budget Account No. 168-1985-000999; Further Authorizing
The City Manager And City Attorney To Finalize The Agreement And, Once Finalized, Authorizing
The Mayor And City Clerk To Execute The Agreement (Provided, However, That In The Event Of
Any Substantive Changes, As Determined By The City Manager And City Attorney, To The
Terms Of The Agreement Approved Pursuant To This Resolution, Then Requiring That The Final
Agreement Be Brought Back To The City Commission For Approval).
(Capital Improvement Projects/Procurement)
R7B A Resolution Approving And Authorizing The Appropriation Of Advance Funds In The Amounts
Of $1,103,450 From Fund 307-NB Quality Of Life Resort Tax Fund, And $700,000 From Fund
305-SB Quality Of Life Resort Tax Fund, For The Band Shell Park Master Plan Improvements
And The Flamingo Park Projects, Respectively; With Such Funds To Be Repaid From Miami-
Dade County General Obligation Bonds To Finance The Building Better Communities Program.
(Capital Improvement Projects)
R7C A Resolution Approving The Guaranteed Maximum Price (GMP) Submitted By James B. Pirtle
Construction Co. Inc., As Required Pursuant To The Pre-Construction Services Agreement,
Dated November 16, 2011, For The Construction Of The Flamingo Park Tennis Center Project;
Said GMP In The Amount Of $5,231,816, Plus An Owner's Project Contingency Of $146,719, For
A Total Of $5,378,535; With Previously Appropriated Funding, In The Amount Of $373,561, From
Fund 377 -99 G.O. Bonds; $2,398,163 From Fund 383 -2003 G.O. Bonds; And $2,606,811
From Fund 388 -SP Post RDA CDT And Municipal Resort Tax.
(Capital Improvement Projects)
R7D A Resolution Directing That An Application For A Sidewalk Cafe Permit For The Drexel Avenue
And 16th Street Sidewalks In Front Of The Retail Spaces Of The Park @ 420 Garage, Located At
The Corner Of 16th Street & Drexel Ave., Be Sent To The Land Use And Development
Committee (LUDC) For Review And Approval.
(Planning Department)
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Commission Agenda, March 21, 2012
R7-Resolutions (Continued)
R7E A Resolution Pertaining To That Certain City Construction Project Referred To As The "Biscayne
Point Neighborhood Right-Of-Way Improvements Project" (The Project) And, With Respect To
Such Project, Pursuant To The Authorization Granted To The City Manager Via Resolution No.
2011-27809 To Take Certain Actions To Procure The Necessary Emergency Design And
Construction Services Pursuant To A Negotiated Design-Build Contract The City Manager Has
Taken The Following Actions: 1) Prepared A Design Criteria Package (DCP) Through The City's
Public Works Department (PWD); 2) Negotiated A Design-Build Contract With A Guaranteed
Maximum Price (GMP) With The Firm Of David Mancini & Sons, Inc. (DMSI), In The Amount Of
$X,XXX,XXX, Which Includes The Remaining Water, Stormwater, Landscape And Streetscape
Improvements For The Original Contract, Additional Scope Of Work Requested By The City's
Public Works Department (PWD), And The Residents Of The Biscayne Point Neighborhood, And
Assumed Contractor Risk Associated With A Typical Design-Build Contract; 3) Negotiated A
Settlement Agreement With DMSI In The Amount Of $X,XXX,XXX, Which Includes Payment For
Work Performed As Part Of The Original Contract, Through The Settlement Date Of XXXXXX,
2012, Payment For Approved Change Orders And Credits Executed As Of The Date Of The
Settlement Agreement Execution, And Compensation For Delays And Claims Resulting From
Deficiencies In The Original Construction Documents; Where The Combined Sum Of The
Negotiated Design-Build GMP And The Negotiated Settlement Agreement Amount Is
$XX,XXX,XXX, Which Is Greater Than The Not-To-Exceed Amount Of $11,998,535, Previously
Approved By The City Commission Via Resolution No. 2011-27809, But Necessary To
Incorporate The Additional Scope Of Work, And Compensation For Delays And Claims; And
Requests Approval From The Mayor And City Commission For The Increased Amount And
Approval For An Increase To The Project Professional Services Budget, In The Amount Of
$X,XXX,XXX, For Supplementary Architectural/Engineering (AlE) Professional Services; With
Previously Appropriated Funding In The Amount Of $2,335,674; And Further Appropriating
$XXX,XXX From General Obligation Bond Fund XXX, $XXX,XXX From Water And Sewer Bond
Fund Xxx, And $XXX,XXX From Fund XXX, Stormwater Projects Line Of Credit, With Such
Funds To Be Repaid From Future Stormwater Bonds.
(Capital Improvement Projects Office)
(Memorandum to be Submitted in Supplemental)
R7F A Resolution Consenting To And Confirming The Appointment Of The New Fire Department
Chief For The City Of Miami Beach.
(Human Resources)
(Memorandum to be Submitted in Supplemental)
R7G A Resolution Consenting To And Confirming The Appointment Of The New Police Department
Chief For The City Of Miami Beach.
(Human Resources)
(Memorandum to be Submitted in Supplemental)
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Commission Agenda, March 21,2012
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)
R9A2 Reappointment Of Mayor Matti Herrera Bower To The Tourism Development Council.
(Requested by Mayor Matti Herrera Bower)
R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) (Page)
R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.)
R9C Presentation By The Miami-Dade Water And Sewer Department, Related To Horizontal
Directional Drilling (HOD) Options At The Government Cut Pipeline Relocation Project.
(Public Works)
R9D Discussion Regarding The Creation Of A Task Force To Help Resolve The Lack Of Health
Services In Three Miami Beach Schools.
(Requested by Vice-Mayor Jerry Libbin)
R9E Discussion Regarding The Mayor And Commission Aide's Reclassification.
(Requested by Commissioner Edward L. Tobin)
R9F Discussion Regarding Appealing The Decision Of The ORB Not To Permit A Hedge In South
Pointe Park
(Requested by Vice-Mayor Jerry Libbin)
R9G Report On The Washington Avenue Workshop Held On February 22, 2012.
(Economic Development)
(Memorandum to be Submitted in Supplemental)
R9H Discussion Regarding The City Of Miami Beach Joining An Amicus Brief Prepared By Santa
Clara County And Supported By The U.S. Conference Of Mayors Regarding The Immigration-
Related Case Arizona V. United States.
(Requested by Mayor Matti Herrera Bower)
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Commission Agenda, March 21, 2012
R1 0 -City Attorney Reports
R1 OA City Attorney's Status Report.
(City Attorney Office)
R1 OB 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 March 21, 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.
R10C Notice Of Closed Executive Session
Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During
Recess Of The City Commission Meeting On Wednesday, March 21, 2012, In The City
Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To
Collective Bargaining.
Reports and Informational Items
Reports and Informational Items (see LTC 071-2012)
End of Regular Agenda
23
23
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
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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)
C9 MIAMI BE CH
Lobbyist's Nome
CITY CLERK'S OFFICE
LOBBYIST LIST
March 21, 2012
Commission Meeting
Retained by
Princi al
F:\CLER\COMMON\2012\20120321 \LOBBYIST LIST.Docx
26
Dote Amount
Disclosed
PA
PRESENTATIONS
AND
AWARDS
27
""CJ
)>
Presentations and Awards
PA1 Certificates Of Recognition To Be Presented To The Participants In The 11th Annual
Tour Of Miami Beach Residential Gardens.
(Requested by Commissioner Jorge R. Exposito)
PA2 Certificate Of Appreciation To Be Presented To Assistant State Attorney Santiago Areca,
For His Hard Work And Willingness To Go Above And Beyond For Our Residents And
Visitors To Our City.
(Requested By Commissioner Jorge R. Exposito)
(Deferred from February 8, 2012)
PA3 Proclamation To Be Presented To DecoBike To Celebrate Their One Year Anniversary.
(Requested by Commissioner Jorge R. Exposito On Behalf of the Mayor and Commission)
PA4 Proclamation To Be Presented To Bioplanet USA And To Women's International Zionist
Organization And A Certificate To John Oldenburg For Their Participation In The
Women's International Zionist Organization (WIZO) Tree Planting Event That Took Place
On February 5th.
(Requested by Commissioner Deede Weithorn)
PAS 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)
(Deferred from February 8, 2012)
PA6 Certificate Of Recognition To Be Presented To V & E Restaurant Group (Espanola
Way).
(Requested By Commissioner Jonah Wolfson)
(Deferred from February 8, 2012)
PA7 Certificates Of Appreciation To Be Presented To Johnny LaPonzina, President,
Professional Course Management (PCM) And Jeffery Hunt, Tournament Director, In
Recognition Of The Success Of The First Annual South Beach International Amateur
Golf Tournament Hosted At The City's Normandy Shores And Miami Beach Golf Clubs
On December 18 -23, 2011.
(Requested By Commissioner Jonah Wolfson)
PAS Certificate Of Appreciation To Be Presented To Elizabeth Wheaton Of Public Works/
Environmental, For Her Hard Work And Dedication.
(Requested by Commissioner Jonah Wolfson)
29
'Agenda Item PA/-/3
Date $~/-/2-
Presentations and Awards (Continued)
PA9 Beautification Awards To Be Presented To St. Joseph Patron Of Universal Church, St.
Patrick Catholic Church, Miami Beach Hispanic Community Center, New World
Symphony, Soundscape Park, Herzog Garage Lincoln Plaza, And Temple Beth Sholom,
In Recognition Of Their Commitment To Maintaining Their Property With The Highest
Standards Of Care And Attention To Outward Appearance.
(Requested by Mayor Matti Herrera Bower)
PA 10 Presentation On Civil Air Patrol By Miami Beach Cadet Squadron Captain Linus Osorio.
(Requested by Mayor Matti Herrera Bower)
PA11 Proclamation To Be Presented To Retiring Fire Chief Eric Yuhr For Years Of Service.
(Requested by Mayor Matti Herrera Bower)
PA12 Certificates Of Recognition To Be Presented To The SOIL Committee And The Ecology
Club From Miami Beach Senior High For The Participation And Dedication In 2012 EGO-
Week.
(Requested by Commissioner Michael Gongora)
PA13 Certificate Of Recognition To Be Presented To David's Cafe For Their Long Standing
Contribution To The City Of Miami Beach.
(Requested by Commissioner Michael Gongora)
30
C2
COMPETITIVE BID REPORTS
31
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Issue A Request For Qualifications (RFQ) For Professional Engineering Services
On An "As-Needed Basis", To Provide Construction Management Support For Right-Of-Way Capital
Improvement Projects.
Key Intended Outcome Supported:
Ensure well-maintained infrastructure.
Ensure well-designed, quality capital projects.
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey
indicated that 79% of businesses rated recently completed capital improvement projects as "excellent" or
"good".
Issue:
I Shall the Mayor and City Commission approve the issuance of the RFQ?
Item Summary/Recommendation:
The City's Capital Improvement Projects Office (CIP) is in the process of implementing a capital
improvement program with active projects representing approximately $700 million in total value. The
majority of this value is related to Right-of-Way (ROW) Improvement projects. The ROW portion of the
program has been subdivided into several neighborhood projects located throughout the City that are in
various stages of design, bid, award, construction and post construction.
It is the intent of the Administration to use the RFQ process to select one (1) firm to provide construction
management services, on an as-needed-basis, in support of specific ROW capital improvement projects.
The construction projects that may be assigned to the Construction Manager (CM) will be mostly Task Order
Contracts (TOC) from the City's CIP and other City departments.
The CM shall provide a variety of management services including, but not limited to: pre-planning,
programming, design management, design review, procurement support, construction management,
commissioning, and post-construction support in cooperation with CIP staff, client departments, architect-
engineers, construction contractors and design build firms. Professional design services are not part of the
CM services. All work will be performed based on firm, fixed price task orders issued, as needed, under the
basic contract for services.
The price and terms for the contract will be negotiated after the City Commission approves authorization to
negotiate and shall be negotiated on an "as-needed" project by project basis. The proposed contract shall be
for a two (2) year term, with two (2) one-year renewal options at the City's option.
All firms that submit a proposal for consideration must meet the minimum qualifications. If the minimum
qualifications are not met, the consultant's submittal will be deemed non-responsive. Qualifications will be
considered only from consultants that are regularly engaged in the business of providing the professional
specialization services as described in this RFQ.
APPROVE THE ISSUANCE OF RFQ.
Advisory Board Recommendation:
Financial Information:
Source of Amount
Funds: 1
I I 2
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Gus Lopez, Ext. 6641
C9 MIAMIBEACH
nt City Manager
PDW
33
Account
AGENDA ITEM-----
DATE 3-2/-/ 2-
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager ~
March21,2012 U U
REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR QUALIFICATIONS FOR
PROFESSIONAL ENGINEERING SERVICES ON AN "AS-NEEDED BASIS", TO
PROVIDE CONSTRUCTION MANAGEMENT SUPPORT FOR RIGHT-OF-WAY
CAPITAL IMPROVEMENT PROJECTS.
ADMINISTRATION RECOMMENDATION
Approve issuance of the RFQ.
ANALYSIS
The City's Capital Improvement Projects Office (CIP) is in the process of implementing a
capital improvement program with active projects representing approximately $700 million in
total value. The majority of this value is related to Right-of-Way (ROW) Improvement projects.
The ROW portion of the program has been subdivided into several neighborhood projects
located throughout the City that are in various stages of design, bid, award, construction and
post construction. Some of these ROW projects include City Center BP 9B, Palm & Hibiscus
Islands, Venetian Islands, Bayshore BP A-Central, Bayshore BP B -Lower North Bay Road,
Bayshore BP C -Lake Pancoast, Bayshore BP 80 -Sunset Islands 3 & 4, Bayshore BP 8E -
Sunset Islands 1 & 2 and La Gorce BP 5.
It is the intent of the Administration to use the RFQ process to select one (1) firm to provide
construction management services, on an as-needed-basis, in support of specific ROW capital
improvement projects. The construction projects that may be assigned to the Construction
Manager (CM) will be mostly Task Order Contracts (TOC) from the City's CIP and other City
departments.
SCOPE OF SERVICES
The CM shall provide a variety of management services including, but not limited to: pre-
planning, programming, design management, design review, procurement support,
construction management, commissioning, and post-construction support in cooperation with
CIP staff, client departments, architect-engineers, construction contractors and design build
firms. Professional design services are not part of the CM services. All work will be performed
based on firm, fixed price task orders issued, as needed, under the basic contract for services.
34
Commission Memorandum -RFQ For Professional Engineering Services for Right-of-Way Capital
Improvement Projects
March 21, 2012
Page 2 of5
CM firms will be encouraged to provide staff certified as construction managers by the
Construction Manager Certification Institute sponsored by the Construction Management
Association of America (CMAA).
The tasks to be performed pursuant to any contract issued as a result of this RFQ include, but
are not limited to, the tasks described below. Proposers are advised that tasks to be
performed under a specific task order may vary from those below and will be determined by
the City on a project by project or task by task basis. Proposers should not assume, therefore,
that each and every task will ultimately be required for every task order.
General Tasks:
Task 1 -Engineering Management
Task 2-Project Management
Task 3 -General Administration of the Construction Phase
Task 4-Project Operations Services
Task 5-Subcontracted Expert Services, Liaison Services and Other Direct Costs
The price and terms for the contract will be negotiated after the City Commission approves
authorization to negotiate and shall be negotiated on an "as-needed" project by project basis.
The proposed contract shall be for a two (2) year term, with two (2) one-year renewal options
at the City's option.
Under this Agreement, activities or tasks will be quoted as a not-to-exceed sum based on the
estimated hours to complete the task. Detailed hourly rates will be negotiated for all personnel
classifications for the firm.
It is the intent of this RFQ to evaluate and recommend award to one {1) firm.
MINIMUM QUALIFICATIONS
All firms that submit a proposal for consideration must meet the minimum
qualifications as provided below. If the minimum qualifications are not met, the
consultant's submittal will be deemed non-responsive. Qualifications will be considered
only from consultants that are regularly engaged in the business of providing the
professional specialization services as described in this RFQ.
1. Team's Experience:
• Indicate the firm's number of years of experience in providing the requested
professional specialization services with strong focus on municipal
improvement projects;
• List all projects undertaken in the past five (5) years, describe the scope of
each project in physical terms and by cost, describe the respondent's
responsibilities, and provide the name and contact telephone number of an
individual in a position of responsibility who can attest to respondent's
activities in relation to the project. An SF 255 and SF254 can suffice this
request.
35
Commission Memorandum -RFQ For Professional Engineering Services for Right-of-Way Capital
Improvement Projects
March 21,2012
Page 3 of5
• Provide the name(s) of the person, within your organization who was most
actively concerned with managing each project;
• List and describe all legal claims against any member of the team alleging
errors and/or omissions, or any breach of professional ethics, including
those settled out of court, during in the past five (5) years.
2. Construction Manager's Experience:
Provide a comprehensive summary of the experience and qualifications of the
individual(s) who as proposed will be selected to serve as the Construction
Manager(s). These individuals must have a minimum of (5) five years' experience in
their designated professional specialization, Civil Engineering, Construction
Management, Engineering Management, etc. Additionally, the Construction
Managers(s) must provide examples of three previous projects that demonstrate their
experience and capacity in performing professional services contracts for public sector
clients with focus on municipal residential improvement projects.
3. Previous Similar Projects:
Please provide a list of a minimum of ten projects which demonstrate the Team's
experience in providing the services for the listed scope of services above. Please
provide the following information for each sample project.
Client name, address, phone number, email.
• Consultant (Engineer) name, address, phone number, fax and/or e-Mail
address.
• Description of the scope of the work.
• Month and Year the project was started and completed.
• Total cost and/or fees paid to your firm.
• Total cost of the construction, estimated and actual.
• Role of the firm and the responsibilities.
4. Qualifications of Project Team:
Provide a list of the personnel to be used on this project and their qualifications. A
resume of each individual, including education, experience, and any other pertinent
information shall be included for each team member to be assigned under each
professional specialty category.
36
Commission Memorandum -RFQ For Professional Engineering Services for Right-of-Way Capital
Improvement Projects
March 21, 2012
Page 4 of 5
5. Project Approach:
Provide a detailed description on the Project Team approach to the required services.
Information should include:
• Organizational structure of project team.
• Project specific approach.
RFQ PROCESS
The procedure for response evaluation and selection is as follows:
1. Request for Qualifications issued.
2. Receipt of responses.
3. Opening of responses and determination if they meet the minimum standards of
responsiveness.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
response in accordance with the requirements of this RFQ. If further information is
desired, consultants may be requested to make additional written submissions or oral
presentations to the Evaluation Committee.
5. The Evaluation Committee will recommend to the City Manager the response or
responses acceptance of which the Evaluation Committee deems to be in the best
interest of the City. The following criteria shall be utilized by the Evaluation Committee
for the selection of the Consultant:
• {25 points) • The experience, qualifications and portfolio of the Principal Firm
• {20 points} • The experience and qualifications of the professional personnel
assigned to the Project Team as well as their familiarity with this project and a
thorough understanding of the methodology and design approach to be used in
this assignment.
• {20 points) -The experience, qualifications and portfolio of the Project
Manager, as well as his/her familiarity with this project and a thorough
understanding of the methodology and design approach to be used in this
assigl")ment.
• {10 points)-Past performance based on quality of the Performance Evaluation
Surveys and the Administration's due dilligence based upon reference checks
performed of the Firm( s) clients.
• (5 points) -Willingness to meet time and budget requirements as
demonstrated by past performance, methodology and approach
• {5 points)· Certified minority business enterprise participation. Either the Prime
Consultant or the sub-Consultant team may qualify for proof of certification for
minority business enterprise participation. Accepted minority business
enterprise certifications include the Small Business Administration (SBA), State
of Florida, or Miami-Dade County.
• {5 points)· Location
37
Commission Memorandum -RFQ For Professional Engineering Services for Right-of-Way Capital
Improvement Projects
March 21,2012
Page 5 of5
• (5 points)-Recent, current and projected workloads of the firms
• (5 points) -The volume of work previously awarded to each firm by the City,
with the object of effecting an equitable distribution of contracts among qualified
firms, provided such distribution does not violate the principle of selection of the
most highly qualified firm.
The City may request, accept and consider proposals for the compensation to be paid under
the contract only during competitive negotiations.
6. After considering the recommendation(s) of the Evaluation Committee, the City
Manager shall recommend to the City Commission the response or responses
acceptance of which the City Manager deems to be in the best interest of the City.
7. The City Commission shall consider the City Manager's recommendation(s) in light of
the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate,
approve the City Manager's recommendation(s). The City Commission may reject City
Manager's recommendation(s) and select another response or responses. In any
case, City Commission shall select the response or responses acceptance of which the
City Commission deems to be in the best interest of the City. The City Commission
may also reject all proposals.
8. Negotiations between the selected respondent and the City Manager will take place to
arrive at a contract. If the City Commission has so directed, the City Manager may
proceed to negotiate a contract with a respondent other than the top ranked
respondent if the negotiations with the top ranked respondent fail to produce a mutually
acceptable contract within a reasonable period of time.
9. A proposed contract or contracts are presented to the City Commission for approval,
modification and approval, or rejection.
1 O.lf and when a contract or contracts acceptable to the respective parties is approved by
the City Commission, the Mayor and City Clerk sign the contract(s) after the selected
respondent(s) has (or have) done so.
CONCLUSION
The Administration recommends that the City Commission approve the issuance of a Request
for Qualifications (RFQ) for Professional Engineering Services on an "as-needed basis·," to
provide Construction Management Support for Right-of-Way Capital Improvement Projects.
T:\AGENDA\2012\3-21-12\RFQ Construction Mgt Services-Memo (3-9-12).doc
38
COMMISSION ITEM SUMMARY
Condensed Title:
Request for approval to authorize the issuance of a request for proposals (RFP) for auditing
services to examine the City of Miami Beach (the City) basic financial statements included in
the City's Comprehensive Annual Financial Report (CAFR), federal grant programs and state
projects (OMB A-133 single audit), the Miami Beach Redevelopment Agency's basic financial
statements (RDA), the Parking Systems Fund's (PSF) financial statements, the Miami Beach
Visitor and Convention Authority's (VCA) financial statements, the Miami Beach Convention
Center's financial statements, the Building Better Communities bond program (BBC) the
Children Trust grant program (CT), and the Safe Neighborhood Parks and bond program
(SNP).
Key Intended Outcome Supported:
Improve the City's overall financial health and maintain overall bond rating.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue: I Should the City Commission approve the issuance of a request for proposal for auditing services?
Item Summary/Recommendation:
The purpose of the audit is to examine the City's Basic Financial Statements included in the
City's Comprehensive Annual Financial Report (CAFR). The engagement shall also include the
Single Audit, PSF, VCA, Convention Center, BBC, CT and SNP audits, for a period of up to five
(5) years at the option of the City.
The original engagement will be for the fiscal year ending September 30, 2012. Additional
years of the engagement or additional auditing services would be subject to the approval of the
Audit Committee and confirmation by the City Commission annually.
The Administration recommends that the Mayor and Commission authorize the issuance of the
RFP for auditing services.
Amount
Source of Funds:
OBPI
Total
Cit Clerk's Office Le islative Trackin
Department Director
T:\AGENDA\2012\3-21-12\ RFP for audit services memo
C9 MfAMlBEACH
19,2012
Manager
39
Account Approved
City Manager
JMG
AGENDA ITEM c;;;. B
DATE 3-~/-/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 H. Bowerand Members of the City Commission
Jorge M. Gonzalez, City Manager ~
March 21,2012 U U
REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A REQUEST
FOR PROPOSALS (RFP) FOR AUDITING SERVICES TO EXAMINE THE
CITY'S BASIC FINANCIAL STATEMENTS INCLUDED IN THE CITY'S
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), FEDERAL GRANT
PROGRAMS AND STATE PROJECTS (OMB A-133 SINGLE AUDIT), THE
MIAMI BEACH REDEVELOPMENT AGENCY'S BASIC FINANCIAL
STATEMENTS (RDA), THE PARKING SYSTEMS FUND'S (PSF) FINANCIAL
STATEMENTS, THE MIAMI BEACH VISITOR AND CONVENTION
AUTHORITY'S (VCA) FINANCIAL STATEMENTS, THE MIAMI BEACH
CONVENTION CENTER FINANCIAL STATEMENTS, THE BUILDING BETTER
COMMUNITIES BOND PROGRAM (BBC) THE CHILDREN TRUST GRANT
PROGRAM (CT), AND THE SAFE NEIGHBORHOOD PARKS AND BOND
PROGRAM (SNP).
ADMINISTRATION RECOMMENDATION
Authorize the issuance of the RFP.
ANALYSIS
The purpose of the audit is to examine the City's Basic Financial Statements included in the
City's Comprehensive Annual Financial Report (CAFR). The engagement shall also include
the Single Audit, PSF, VCA, Convention Center, BBC, CT and SNP audits, for a period of up
to five (5) years at the option of the City.
The original engagement will be for the fiscal year ending September 30, 2012. Additional
years of the engagement or additional auditing services would be subject to the approval of
the Audit Committee and confirmation by the City Commission annually.
SCOPE OF SERVICES
There are ten services which are required as part of this request for proposal. All services
must be included in the proposal in order for it to be considered. The services and scope of
services are as follows:
1. CAFR-The auditor will prepare and issue an auditor's opinion and conduct an audit
40
City Commission Memorandum -Auditing Services RFP
March 21, 2012
Page2of8
of the City's CAFR in accordance with Generally Accepted Auditing Standards
(GAAS) and the standards applicable to financial audits contained in Government
Auditing Standards, issued by the Controller General of the United States.
The examination must be made in accordance with the guidelines prepared by the
Governmental Finance Officers Association (GFOA) in order for the City to apply for
the Certificate of Achievement for Excellence in Financial Reporting.
The examination will include the governmental activities, the business-type activities,
the aggregate discretely presented component units, each major fund, and the
aggregate remaining fund balances of the City, except for the City of Miami Beach
Retirement Systems for Firefighters and Police Officers, the City of Miami Beach
Retirement Systems for General Employees, the City of Miami Beach Retirement
System for Unclassified Employee and Elected officials, the Firemen's Relief and
Pension Fund, and the Policemen's Relief and Pension Fund, which are audited by
other auditors.
On an annual basis, the City will prepare the CAFR for auditing. The auditors will
provide guidance with the implementation of Governmental Accounting Standard
Board (GASB) statements as necessary.
The audit firm shall issue an audit opinion to the City no later than 180 days following
the fiscal year end.
2. OMB A-133 Single Audits -The auditor must perform an audit in accordance with
auditing standards generally accepted in the United States of America; the standards
applicable to financial audits contained in Government Auditing Standards, issued by
the Comptroller General of the United States; and OMB Circular A-133, Audits of
States, Local Governments, and Non-Profit Organizations.
The auditor must issue an Independent Auditors' Report on Internal Control over
Financial Reporting and on Compliance, Independent Auditors' Report on
Compliance and Internal Control over Compliance Applicable to Each Major Federal
Program and State Project, and Schedule of Findings and Questioned Costs.
The City will prepare the Schedule of Expenditure of Federal Awards and State
Financial Assistance.
The audit firm shall issue the single audit report and data collections form to the
City no later than 180 days following the fiscal year end.
3. Management letter in Accordance with the Rules of the Auditor General of the
State of Florida -The auditor shall issue a management letter to address the
following:
• The City's compliance and internal controls or schedule of findings and
questioned costs, whether or not inaccuracies, shortages, defalcations, fraud
and/or violations of laws, rules, regulations, and contractual provisions
reported in the preceding annual financial audit report have been corrected.
• The City's compliance and internal controls or schedule of findings and
questioned costs, whether or not recommendations made in the preceding
annual financial audit report have been followed.
41
City Commission Memorandum -Auditing Services RFP
March 21, 2012
Page3 ofB
• Provisions of Section 218.415, Florida Statutes, regarding the City's
investment of public funds.
• The City's compliance and internal controls or schedule of findings and
questioned costs: (1) violations of laws, rules, regulations, and contractual
provisions that have occurred, or are likely to have occurred; (2) improper or
illegal expenditures; (3) improper or inadequate accounting procedures (for
example, the omission of required disclosures from the financial statements);
(4) failures to properly record financial transactions; and (5) other
inaccuracies, shortages, defalcations, and instances offraud discovered by,
or that come to the attention of, the auditor.
• Section 218.503(1), Florida Statutes, regarding financial emergencies.
• The annual financial report for the City filed with the Department of Financial
Services pursuant to Section 218.32, Florida Statutes.
• The name or official title and legal authority for the primary government and
each component unit of the reporting entity be disclosed in the management
letter, unless disclosed in the notes to the financial statements.
The audit firm shall issue a management letter to the City no later than 180 days
following the fiscal year end.
4. RDA -The City issues stand-alone basic financial statements for the RDA, a
blended component unit of the City. The auditor will prepare and issue an auditor's
opinion and conduct an audit of the RDA basic financial statements in accordance
with Generally Accepted Auditing Standards (GAAS) and the standards applicable to
financial audits contained in Government Auditing Standards, issued by the
Controller General of the United States.
The financial statements, footnotes and schedules are to be prepared by the auditor.
The audit firm shall issue the RDA basic financial statements to the City no later than
180 days following the fiscal year end.
5. PSF-The City issues stand-alone financial statements for the PSF, a major
enterprise fund of the City. The auditor will prepare and issue an auditor's opinion
and conduct an audit of the PSF financial statements in accordance with Generally
Accepted Auditing Standards (GAAS) and the standards applicable to financial
audits contained in Government Auditing Standards, issued by the Controller
General of the United States.
The financial statements, footnotes and schedules are to be prepared by the auditor.
The audit firm shall issue the PSF basic financial statements to the City no later than
150 days following the fiscal year end.
6. VCA-The City issues stand-alone basic financial statements for the VCA, a
discretely presented component unit of the City. The auditor will prepare and issue
an auditor's opinion and conduct an audit of the VCA financial statements in
accordance with Generally Accepted Auditing Standards (GAAS) and the standards
applicable to financial audits contained in Government Auditing Standards, issued by
the Controller General of the United States.
The financial statements, footnotes and schedules are to be prepared by the auditor.
42
City Commission Memorandum-Auditing Services RFP
March 21, 2012
Page4 ofB
The audit firm shall issue the VCA basic financial statements to the City no later than
90 days following the fiscal year end.
7. Convention Center-The City issues special purpose financial statements for
assets, liabilities, revenues, and expenses of the Miami Beach Convention Center,
as managed by Global Spectrum. The auditor will prepare and issue an auditor's
opinion and conduct an audit of the assets, liabilities, revenues and expenses in
accordance with Generally Accepted Auditing Standards (GAAS) and the standards
applicable to financial audits contained in Government Auditing Standards, issued by
the Controller General of the United States.
The financial statements, footnotes and schedules are to be prepared by the auditor.
The audit firm shall issue the SMG special purpose financial statements to the City
no later than 90 days following the fiscal year end.
8. SNP-The SNP governing Miami-Dade County ordinance No. 96-115 requires that
an annual independent audit of all bond funds be conducted. The auditor will
conduct an audit to incorporate the following:
• Tests for compliance with the grant agreement, SNP ordinance No. 96-115,
applicable resolution and the SNP Administrative Rules.
• Tests for compliance with advance requirements.
• Tests for expenditures of required match dollars.
• Verification of the Fund Summary Status Report.
The audit report, notes and schedules are to be prepared by the auditor. The audit
firm shall issue the SNB to the City no later than 90 days following the fiscal year
end.
9. BBC-The BBC governing Miami-Dade County ordinance No. 05-47 requires that an
annual independent audit of all bond funds be conducted. The auditor will conduct
an audit to incorporate the following:
• Tests for compliance with the grant agreement, BBC ordinance No. 05-47,
applicable resolution and the BBC Administrative Rules.
• Tests for compliance with advance requirements.
• Tests for expenditures of required match dollars.
• Verification of the Fund Summary Status Report.
The audit report, notes and schedules are to be prepared by the auditor. The audit
firm shall issue the BBC to the City no later than 90 days following the fiscal year
end.
10. The Children's Trust -The Children's Trust Fund (the "Trust") requires that an
annual independent audit of the Trust financial statement be performed as to the
specific audit requirements imposed by the Trust's contractual agreement. The
auditor will prepare and issue an auditor's opinion and other reports in accordance
43
City Commission Memorandum -Auditing Services RFP
March 21, 2012
Page 5 ofB
with the Trust agreement and in accordance with Generally Accepted Auditing
Standards (GAAS) and the standards applicable to financial audits contained in
Government Auditing Standards, issued by the Controller General of the United
States.
The audit report, notes and schedules are to be prepared by the auditor. The audit
firm shall issue the Trust audit to the City no later than 90 days following the fiscal
year end.
MINIMUM SUBMITTAL AND QUALIFICATIONS REQUIREMENTS
1 Respondent's Qualifications
a. Describe the respondent's professional development program, including the
approximate number of hours of continuing education attended by the
respondent. Also indicate the number of days of specialized training in
governmental accounting and auditing received during the last two years of
personnel to be assigned to this engagement. Indicate compliance with the
State Board of Accountancy requirements applicable to audits of Florida local
governments.
b. Describe the participation of the respondent in national or state,
governmental or professional, accounting or auditing Boards or Committees
during the last three years.
c. Describe the respondent's quality control programs and procedures that
ensure compliance with the respondent's professional standards review and
AICPA standards. Indicate whether the respondent is in the SEC Practice
Section and/or the Private Companies Practice Section of the Quality Control
Program. If the respondent answered positively to the preceding, attach a
copy of the last Peer Review received by the respondent.
d. Describe the respondent's (local office for national firms) experience in
providing accounting and auditing services to local governments.
e. Describe any litigation in excess of $100,000 filed against the respondent in
the State of Florida over the last three years. Also describe any terminations,
suspensions, censures, reprimands, probations or similar actions against the
respondent or any member of the respondent's firm by the Florida State
Board of Accountancy in the last three years.
f. The respondent will make a statement as to their independence with regard
to the City.
2. Qualifications of Project Team:
List the members of the project team. Provide a list of the personnel to be used on
the project and their qualifications. A resume including education, experience,
licenses and any other pertinent information shall be included for each team
member, including subcontractors to be assigned to each project. These resumes
should be, at minimum, for the partner, the manager and the senior for this
engagement. The resume should include the continuing education in governmental
44
City Commission Memorandum-Auditing Services RFP
March 21, 2012
Page 6 ofB
auditing and other governmental audit engagements that they have undertaken.
3. Methodology and Approach:
Describe the respondent's approach to this audit engagement. This should include at
least the following:
• Development of the audit program.
• Organization of the audit team and titles of team members and approximate
amount of time each such class of member will spend on the audit.
• The names of the partner and manager that will be assigned to this engagement
and the extent of their involvement with this engagement. Any substitution of
these individuals must be approved by the Audit Committee prior to any change
of staffing.
• The proposed schedule for the audit.
• Any anticipated use of internal audit staff or other City staff.
• Provide at least five (5) client references within the south Florida area.
4. Previous Similar Projects:
A list of a minimum of ten similar projects must be submitted. Information should
include:
• Client Name, address, contact phone number.
• Description of similar scope of services.
• Month and Year the project was started and completed.
5. Training
The City desires to maintain and improve the level of training of its personnel
assigned to the internal audit function and in accounting positions. The proposal
should indicate if the firm conducts any training for its employees and if City
personnel could attend such training.
6. Award of Contract
It is anticipated that the Evaluation Committee will review these proposals and
recommend a qualified accounting firm to the City Manager who will make a
recommendation to the City Commission. The City Commission will select the
accounting firm to undertake the engagement and authorize the City Manager or his
designee, to negotiate with the selected firm or firms for the engagement.
7. Performance Evaluation Surveys Provided by Prior Clients
45
City Commission Memorandum -Auditing Services RFP
March 21, 2012
Page 7of8
EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION
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
recommendation on the following criteria:
• Firm's Experience in Auditing Services-20 points
• Qualifications of Project Team-20 points
• Methodology and Approach - 1 0 points
• Previous Similar Projects -15 points
• References Provided by Prior Clients -15 points
• Fees -20 points
LOCAL PREFERENCE: The Evaluation Committee will assign an additional
five (5) points to Proposers, which are 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 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.
46
City Commission Memorandum-Auditing Services RFP
March 21, 2012
Page 8 ofB
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. 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.
8. Negotiations between the selected proposer and the City Manager or
designee 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.
9. If the City Commission has so approved, the City Manager or designee after
successful negotiations, will present a contract acceptable to the respective
parties to the City Attorney's office for approval as to form and language, and
then to the Mayor and City Clerk for signature after the selected proposer
has done so.
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of
the RFP for auditing services.
JMG/PW/aw
47
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48
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Issue A Request For Proposals (RFP) For The Acquisition Of A Mobile And
Handheld License Plate Reco nition LPR Parkin Enforcement S stem.
Key Intended Outcome Supported:
Improve Parking Availability; Improve process through information technology
Supporting Data (Surveys, Environmental Scan, etc: 77% of residents rated availability of Parking
across Miami Beach as too little or much too little.
Issue: I Shall the Mayor and City Commission approve the issuance of the RFP?
Item Summary/Recommendation:
The City of Miami Beach Parking Department (the City) is pursuing technology enhancements for its
parking payment systems, including but not limited to multi-space pay stations, municipal permit
programs, including business and residential permits, and potentially pay by phone services. The City
intends to migrate to an LPR enforcement system and eventually have "paperless" parking payment
options and solutions. The payment options shall be delivered through real time web based services
provided by either the vendors' payment platform, or in at least one case, the City's payment platform.
The City is seeking an LPR enforcement component including functionality through real time web enabled
mobile and handheld units which interface with the proprietary payment platforms described above. The
above payment platform list is not intended to be an all encompassing list.
It is the intent of the City to enter into a three (3) year Agreement with the successful Proposer to provide
a Mobile and Handheld LPR Parking Enforcement System, with an option for an additional two (2) year
renewal option, at the sole discretion of the City Manager.
The Proposer must have a verifiable proven track record of providing successful mobile and handheld
LPR systems and must have not fewer than three (3) consecutive years of experience in comparable
municipal parking enforcement operations and/or related enforcement applications. The Proposer must
provide evidence of sufficient financial stability to install, maintain, and support mobile and handheld LPR
systems and services to meet the City's needs. The Proposer must demonstrate a level of expertise;"
technical knowledge, innovation, and overall capacity to provide mobile and handheld LPR systems and
services with a high level of success interfacing with multiple payment platforms during variable periods
of high demand, including unforeseeable circumstances.
APPROVE ISSUANCE OF AN RFP.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount Account
Funds: 1 N/A
OBPI Total
Financial Impact Summary: Request to issue RFP only, no funds being expended.
/)
City Clerk's otic/Legislative Tracking:
Gus Lopez .,'L. e~1
. J
ent Director
MIAMI BEACH 49
AGENDA ITEM ---..::C:...:~~c_ __
DATE :3 -C:2/-I)._
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 c·ty Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: March 21, 2012
SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR
THE ACQUISITION OF A MOBILE AND HANDHELD LICENSE PLATE RECOGNITION
(LPR) PARKING ENFORCEMENT SYSTEM
ADMINISTRATION RECOMMENDATION
Approve the issuance of the RFP.
KEY INTENDED OUTCOME
Improve Parking Availability; Improve process through information technology.
ANALYSIS
The City of Miami Beach Parking Department (the City) is pursuing technology enhancements for its
parking payment systems, including but not limited to multi-space pay stations, municipal permit
programs, including business and residential permits, and potentially pay by phone services. The
City intends to migrate to a License Plate Recognition (LPR) enforcement system and eventually
have "paperless" parking payment options and solutions. The payment options shall be delivered
through real time web based services provided by either the vendors' payment platform, or in at
least one case, the City's payment platform.
The City is seeking an LPR enforcement component including functionality through real time web
enabled mobile and handheld units which interface with the proprietary payment platforms described
above. The above payment platform list is not intended to be an all encompassing list.
SCOPE OF SERVICES
It is the intent of the City to enter into a three (3) year Agreement with the successful Proposer to
provide a Mobile and Handheld LPR Parking Enforcement System, with an option for an additional
two (2) year renewal option, at the sole discretion of the City Manager.
The successful Proposer shall be responsible for the following:
1. All hardware and software for the Mobile and Handheld LPR System and application.
2. Back-Office Management and Reporting System.
3. Enables a parking inspector to quickly and easily navigate through a handheld or mobile
50
device and determine the parking payment "status" (valid or invalid) and other credential
information, as determined by the City, of a user/vehicle by reading the license plate.
4. The System must cross reference various types of parking payment platforms, including
proprietary multi-space pay stations, permit software; pay by phone, and other platforms, as
required.
5. The system will be utilized by parking enforcement personnel24 hours, 365 days a year (full
time); therefore, the Successful Proposer shall have sufficient resources and personnel to
support and maintain the system.
6. Equipment shall be ruggedized.
7. High accuracy in license plate recognition.
MINIMUM REQUIREMENTS AND QUALIFICATIONS
• The Proposer must have a verifiable proven track record of providing successful mobile and
handheld LPR systems and must have not fewer than three (3) consecutive years of
experience in comparable municipal parking enforcement operations and/or related
enforcement applications.
• The Proposer must provide evidence of sufficient financial stability to install, maintain, and
support mobile and handheld LPR systems and services to meet the City's needs.
• The Proposer must demonstrate a level of expertise, technical knowledge, innovation, and
overall capacity to provide mobile and handheld LPR systems and services with a high level
of success interfacing with multiple payment platforms during variable periods of high
demand, including unforeseeable circumstances.
MINIMUM TECHNICAL SOFTWARE REQUIREMENTS
1. The software must be Web based.
2. The software must interact and interface with City's EDEN Financial System it if processes
Revenue.
3. The software must have online registration capability for Administrative users.
4. The software must have the ability to create internal and external reports.
5. Proposer must have successfully completed at least three (3) externally hosted software
packages for a parking municipality equal to most, if not all, of the above specifications,
including software merging of an existing data/history within the past four ( 4) years.
6. The application must be capable of importing parking permit database information, as well
as parking garage availability and rate information.
7. The software must meet the following Information Technology (IT) and Finance
Requirements:
a. Must be PCI Compliant.
b. Vendor Supported and Hosted Solution shall have Mobile Capability
c. The Application Administration Functions must be a log-on to browser base, NOT a
direct log-on to the Production Server (merchant account).
d. All revenue collected from customers must be deposited into the City's bank account.
e. Both handheld and mobile mounted solution both must be included in the software
proposal.
f. Successful proposer will be responsible for all sub-contracted solutions and/or third party
software.
8. Successful proposer shall be responsible for all Service to the Data Base Website
Reporting.
9. All data must be owned by the City.
51
1 0. Proposer must provide On-site Training for implementation.
EVALUATION PROCESS
The procedure for Proposal evaluation and selection is as follows:
1. Request for Proposals issued.
2. Receipt of Proposals.
3. Opening of Proposals and determination if they meet the minimum standards of
responsiveness.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Proposal in accordance with the requirements of this RFP. Proposers may be requested to
make additional written submissions or oral presentations to the Evaluation Committee.
5. The Evaluation Committee shall recommend to the City Manager the Proposal or Proposals
acceptance of which the Evaluation Committee deems to be in the best interest of the City.
6. The Evaluation Committee shall base its recommendations on the following factors, for a
total of 1 00 possible points:
• Proposer's experience and qualifications in providing mobile and handheld LPR systems
and services: 25 points
• Cost to the City: 25 points
• Mobile and Handlheld LPR System capabilities, performance, and durability: 25 points
• Technical knowledge, innovation, and overall capacity to provide mobile and handheld LPR
systems and services: 15 points
• Past performance based on references, information provided in the proposal submission,
and performance evaluation surveys: 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.
7. After considering the recommendation(s) of the Evaluation Committee, the City Manager
shall recommend to the Mayor and Commission the Proposal or Proposals acceptance of
which the City Manager deems to be in the best interest of the City.
8. The City Commission shall consider the City Manager's recommendation( s) as it deems
appropriate and may: approve the City Manager's recommendation( s ); make its own
recommendation(s); reject all Proposals; or may prescribe such other action, as it deems
necessary and in the best interest of the City.
9. Following recommendation of award by the City Commission, negotiations between the
selected Proposers and the City Administration take place to arrive at a contract. If the
Mayor and Commission has so directed, the City Manager may proceed to negotiate a
52
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) is presented to the Mayor and Commission for approval,
modification and approval, or rejection.
11. If and when a contract (or contracts) acceptable to the respective parties is approved by the
Mayor and Commission, the Mayor and City Clerk sign the contract(s) after the selected
Proposer(s) has (or have) done so.
CONCLUSION
The Administration recommends that the Mayor and the City Commission authorize the issuance of
a Request for Proposals (RFP) for the acquisition of a mobile and handheld license plate recognition
(LPR) parking enforcement system.
T:\AGENDA\2012\3-21-12\License Plate Recognition RFP Memo.doc
53
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54
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Award A Contracts To The Lowest and Best Bidders For Groups 1 Through 5 As
Follows: Group 1 To Nagels North America, LLC, Group II To Weldon, Williams & Lick, Inc., Group Ill To
Toledo Ticket, Co., And Group IV And VTo Rydin Decal, In The Estimated AnnuaiAmountof$65,500 For
Fiscal Year 2011/2012, And $160,000 Annually For Subsequent Fiscal Years, Pursuant To Invitation To
Bid (ITB) No. 06-11/12, For The Purchase Of Spitler Tickets, Scratch-Off Hang Tags And Two Part
Tickets.
Key Intended Outcome Supported:
Improve traffic flow and improve parking availability.
Supporting Data (Surveys, Environmental Scan, etc.)
Traffic appears as one of the most important areas affecting quality of life; traffic and availability of parking
was ranked by residents as one of the changes that will make Miami Beach a better place; and 77% of
residents rated the availability of parking across the City as too little or much too little.
Issue:
Shall the Mayor and City Commission approve the award of contracts?
Item Summary/Recommendation:
The purpose of Invitation to Bid No. 06-11/12 (the "Bid") is to establish contracts by means of competitive
sealed bid, for the supply of Spitler Tickets, Scratch-off Hang Tags and Two Part Tickets for the City of
Miami Beach Parking Department on an as needed basis.
These contracts shall remain in effect for two (2) years from date of contract execution by the Mayor and
City Clerk, and may be renewed, at the sole discretion of the City, through its City Manager, for two (2)
additional one (1) year terms
Based on the aforementioned, the Administration recommends that the Mayor and City Commission
accept the City Manager's recommendation to award contracts pursuant to ITB No. 06-11/12 for the
Purchase of Spitter Tickets, Scratch-Off Hang Tags and Two Park Two Part Tickets to the following lowest
and best bidders for each category: Group I to Nagels North America, LLC; Group II to Weldon, Williams &
Lick, Inc. and Canada Ticket Co.; Group Ill to Toledo Ticket Co.; and Group IV and V to Rydin Decal.
APPROVE THE AWARD OF CONTRACT.
Advisory Board Recommendation:
Financial Information:
Source of Amount
Funds: 1 $65,500
~ 2
OBPI Total $65,500
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Saul Frances, Parking Director @ 6483
Si n-Offs:
Department Director
GL SF
MIAM~IBEACH
Account
Parking Administration Account 480-0461-000324
~
55
JMG
AGENDA ITEM _C_::l__;;;_J) __
DATE 3-2/-I 2-
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: Jorge M. Gonzalez, City Manager
DATE: March 21,2012
SUBJECT: REQUEST FOR APPROVAL TO A D CONTRACTS TO THE LOWEST AND BEST
BIDDERS FOR GROUPS 1 THROUGH 5 AS FOLLOWS: GROUP 1 TO NAGELS
NORTH AMERICA, LLC, GROUP II TO WELDON, WILLIAMS & LICK, INC., GROUP Ill
TO TOLEDO TICKET, CO., AND GROUP IV AND V TO RYDIN DECAL, IN THE
ESTIMATED ANNUAL AMOUNT OF $65,500 FOR FISCAL YEAR 2011/2012, AND
$160,000 ANNUALLY FOR SUBSEQUENT FISCAL YEARS, PURSUANT TO
INVITATION TO BID (ITB) NO. 06-11/12, FOR THE PURCHASE OF SPITlER
TICKETS, SCRATCH-OFF HANG TAGS AND TWO PART TICKETS.
ADMINISTRATION RECOMMENDATION
Approve the Award of contracts.
KEY INTENDED OUTCOME SUPPORTED
Improve traffic flow and improve parking availability.
FUNDING
Funding is available from the following Accounts for Fiscal Year 2011/2012:
$ 65,500 Parking Administration Account No. 480-0461-000324
ANALYSIS
The purpose of Invitation to Bid (ITB) No.06-11/12 (the "Bid") is to establish a contract by means of
competitive sealed bids, for the supply of spitter tickets, scratch-off hang tags, and two-part tickets
for the City of Miami Beach Parking Department on an as needed basis.
Spitter Tickets are Magstripe machine tickets issued at all locations using the City's system wide
Federal APD Parking Equipment (See Attachment A).
Scratch-Off Hang tags are used in conjunction with the hotel tag program as well as the one day
visitor hang tag program (See attachment B).
Two part tickets are used in all City of Miami Beach Pay and Display Lots as well as the 17th Street
Garage during a pre-pay parking event (See Attachment C).
BID PROCESS
ITB No. 06-11/12 was issued on October25, 2011, with a bid opening date of December 12,2011.
A pre-bid meeting to provide information to prospective bidders submitting a response was held on
November 9, 2011.
56
Commission Memorandum -/TB-06-11112 Spitter Tickets
March 21, 2012
Page 2 of 8
Bidsync issued bid notices to 17 prospective bidders. The Procurement Division notified 11
additional bidders via e-mail, which resulted in the receipt of the following eight (8) bids responses:
• ACME Decalcomania, LTD
• Canada Ticket, Inc.
• Nagels North America, LLC
• Print Media, Inc.
• Rydin Decal
• Southland Printing
• Toledo Ticket Company
• Weldon, Williams & Lick, Inc.
EVALUATION PROCESS
In addition to receiving the bids, the Procurement Division, at the request of the Parking
Department, instructed the bidders to provide samples of Group I Spitler Tickets and Group II
Scratch off Hang Tags.
The Technical Review Panel (the "Panel") consisting of the following City staff members met on
January 10, 2012, to review, discuss bids and samples received, and results of the testing
performed by the Parking Department:
• Rocio Alba, Financial Analyst Ill, Parking Department
• Miguel Beingolea, Parking Operations Manager, Parking Department
• Sasha Gonzalez, Financial Analysis I, Parking Department
Bidders were instructed to submit pricing on the following category groups see Attachment D for
the unit price breakdown. The following table shows the pricing submitted for each category group
and the recommendation made by the Panel for each category group:
Awarded Vendors are denoted bold and underline.
Group I Spitter Tickets
Print Media, Inc. $37,488.00 Group I SpitterTickets: Award a contract to
Nagel North America, LLC. Print Media, Inc.
Nagel North America, LLC provided the lowest price for Spitler Tickets.
i381162.50 The Parking Department stated that Print
Media's samples kept jamming and were
Toledo Ticket Company
$38,695.00 causing operational issues and therefore, the
testing was interrupted. It must be noted that
Southland testing was done on a cool weather
$38,908.00 weekend, and no humidity issues could have
provoked the jamming of the samples.
57
Commission Memorandum -/TB-06-11112 Spitter Tickets
March 21, 2012
Page 3 of8
Group II Scratch Off Hang Tags
Weldon, Williams & Lick, Inc. i191899.00
Canada Ticket, Inc. $36,034.20
Toledo $62,100.00
Rydin Decal $96,390.00
Group Ill Two Part Tickets
Toledo $5,400.00
Southland $5,850.00
Canada Tickets $6,215.00
Weldon, Williams & Lick, Inc. $23,895.00
Group IV Parking Decal
Rydin Decal $18.104.75
Group II Scratch Off Hang Tags: Award
contract to Weldon, Williams & Lick, Inc.
(Weldon) as the lowest and best bidder.
Group Ill Two Part Tickets: Award a
contract to Toledo Ticket as the lowest and
best bidder.
Group IV Parking Decal Award a contract to
Weldon, Williams & Lick $24,648.00 I Rydin Decal as the lowest and best bidder.
Group V Visitor Hang Tags
Rydin Decal i1 1002.00 Group V Visitor Hang Tags: Award a
contract to Rydin Decal as the lowest and
Weldon, Williams & Lick $2,949.00 best bidder.
CONCLUSION:
Based on the aforementioned, the Administration recommends that the Mayor and City
Commission accept the City Manager's recommendation to award contracts to the following lowest
and best bidders for Groups 1 through 5 as follows: Group 1 to Nagels North America, LLC, Group II to
Weldon, Williams & Lick, Inc., Group Ill to Toledo Ticket, Co., and Group IV and V to Rydin Decal, in the
estimated annual amount of $65,500 for Fiscal Year 2011/2012, and $160,000 annually for subsequent
Fiscal Years, pursuant to Invitation to Bid (ITB) No. 06-11/12, for the Purchase Of SpitterTickets, Scratch-
Off Hang Tags And Two Part Tickets.
T:\AGENDA\2012\3-21-12\ITB-06-11-12 Spitter Tickets Memo.doc
58
Commission Memorandum -/TB-06-11112 Spitler Tickets
March 21, 2012
Page 4 of8
ATTACHMENT A
17TH STRE.ET PARKING GARAGE
Welcome to tt1e
City of Miami Beach
We aro not regponsible for loss or damage due to fwe, theft.
breakage. or oo!fision. Articloo left tn vehicles at owners risk.
This ticket must be presented when leaving the par~dng area.
59
Commission Memorandum -/TB-06-11112 Spitter Tickets
March 21, 2012
Page 5 of8
ATTACHMENT 8
. I n10 OILIC rA\111'1\:1 UU 1.
REMOVE BEFORE VEHICLE IS IN MOTION.
PREVENT THEFT, LOCK YOUR VEHICLE.
MIAMI BEACH
Residential
Visitor Parking Permit
Zone No. 1 oNE TIME
South Point USE ONLY
Mon-Thurs.: 6 PM - 7 AM
Fri.-Sun.: 24 hours
NOT VALID AT METERS
60
REMOVE BEFORE VEHICLE IS IN MOTION.
PREVENT THEFT, LOCK YOUR VEHICLE.
MIAMI BEACH
Residential
Visitor Parking Permit
zone No. 1 oNE TIME
South Point USE ONLY
Mon-Thurs.: 6 PM - 7 AM
Fri.-Sun.: 24 hours
NOT VALID AT METERS
Commission Memorandum -/TB-06-11112 Spitler Tickets
March 21, 2012
Page 6 of8
ATTACHMENT C
61
Commission Memorandum -/TB-06-11112 Spitter Tickets
March 21, 2012
Page 7 of8
Attachment D
Southland Printing Toledo Ticket Co. *Print Media Nagels North America,
LLC
Group I
Spitter
Tickets: Qty. UP Total$ UP Total$ UP Total$ UP Total$
7th Street Park
GaraQe 500,000 10.96 5,480.00 10.90 5,450.00 10.56 5,280.00 10.75 5,375.00
12th Street
Parking Garage 100,000 10.96 1,096.00 10.90 1,090.00 10.56 1,056.00 10.75 1,075.00
13th Street
ParkinQ GaraQe 200,000 10.96 2,192.00 10.90 2,180.00 10.56 2,112.00 10.75 2,150.00
16th Street
ParkinQ GaraQe 500,000 10.96 5,480.00 10.90 5,450.00 10.56 5,280.00 10.75 5,375.00
17th Street
Parking Garage 1,000,000 10.96 10,960.00 10.90 10,900.00 10.56 10,560.00 10.75 10,750.00
42nd Street
Parking Garage 100,000 10.96 1,096.00 10.90 1,090.00 10.56 1,056.00 10.75 1,075.00
City Hall
ParkinQ GaraQe 200,000 10.96 2,192.00 10.90 2,180.00 10.56 2,112.00 10.75 2,150.00
5th Street
Parking Garage 730,000 10.96 8,000.80 10.90 7,957.00 10.56 7,708.80 10.75 7,847.50
Pennsylvania
Parking Garage 100,000 10.96 1,096.00 10.90 1,090.00 10.56 1,056.00 10.75 1,075.00
Parking Dept. -
Manual Tickets 120,000 10.96 1,315.20 10.90 1,308.00 10.56 1,267.20 10.75 1,290.00
Total Group I 38,908.00 38,695.00 37,488.00 38,162.50
*Print Media, Inc. provided the lowest price for Spitter Tickets, The Parking Department stated Print Media kept
jamming and were causing operational issues, and therefore, the testing was interrupted. It must be noted that
testing was done on a cool weather weekend, and no humidity issues could have provoked the jamming of the
samples.
Toledo Ticket Co. *Weldon, Williams Rydin Decal Acme Decal Canada Ticket & Lick, Inc.
Group II
Scratch
OffH-
Tags: Qty. UP Total$ UP Total$ UP Total$ UP Total$ UP Total$
Scratch-off
Hang Tag 270,000 230.00 62,100.00 73.70 19,899.00 357.00 96,390.00 135.00 36,450.00 133.46 36,034.20
Total
Group II 62,100.00 19,899.00 96,390.00 36,450.00 36,034.20
62
Commission Memorandum -/TB-06-11112 Spitter Tickets
March 21, 2012
Page 8 of8
Southland Printing Toledo Ticket Co. Weldon, Williams &
Lick, Inc.
Group Ill
Two-part
tickets: Qty. UP Total$ UP Total$ UP Total$
Blue 300,000 11.70 3,510.00 10.80 3,240.00 47.79 14,337.00
Green 100,000 11.70 1,170.00 10.80 1,080.00 47.79 4,779.00
Natural Blank 100,000 11.70 1,170.00 10.80 1,080.00 47.79 4,779.00
Total Group Ill 5,850.00 5,400.00 23,895.00
Weldon, Williams & Rydin Decal Lick, Inc.
Group IV Parking Qty. UP Total$ UP Total$
Decals:
Civic/Residential 15,675 960.00 15,048.00 970.00 15,204.75
Municipal 10,000 960.00 9,600.00 290.00 2,900.00
Total Group IV 24,648.00 18,104.75
Weldon, Williams & Rydin Decal Lick, Inc.
GroupV
Residential Visitor
H-Tag
Qty. UP Total$ UP Total$
Visitor Hang tag 600 4,915.00 2,949.00 1,670.00 1,002.00
Total Group V 2,949.00 1,002.00
63
Canada Ticket
UP Total$
12.43 3,729.00
12.43 1,243.00
12.43 1,243.00
6,215.00
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64
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Award Contracts To The Lowest And Best Bidders For Line Items 1
Through 6 Pursuant To Invitation To Bid (ITB) No. 07-11112, For The Purchase And Delivery Of
Athletic Uniforms For The Parks And Recreation Department: Items 1 ,2,4, And 5 To Matty's Sports,
Inc.; Item 3 To Unicommerce, And Item 6 To Riddell, In The Total Estimated Annual Amount of
$40,299.50.
Key Intended Outcome Supported:
Increase satisfaction with recreation programs.
Supporting Data (Surveys, Environmental Scan, etc.):
Based on the 2009 Miami Beach Customer Survey results indicates 84.9% of residents rated
the City's Recreation programs either excellent orgood.
Issue:
I Shall the City Commission approve the award of Contracts?
Item Summary/Recommendation:
The purpose of ITB No. 07-11/12 (the "Bid") is to establish a contract(s) by means of competitive
sealed bids with a qualified vendor for the purchase and delivery of athletic uniforms, including
basketball, flag football, soccer, softball, baseball and T -shirt uniforms for youth programs for the
Parks and Recreation Department.
Vendors shall be prepared to accept additional orders up to single uniforms after the initial order is
placed, produced, or shipped completed. The unit cost shall remain the same with no additional
charge for setup or quantity breaks. Production and delivery of any additional order shall be
completed within (5) days, or sooner, upon receipt of order notification by City of Miami Beach Parks
and Recreation staff.
The City reserves the right to award per line item and/or by group, should it be determined it is in
the City's best economic interest.
This contract shall remain in effect for a period of two (2) years from date of commission approval,
and may be renewed by mutual agreement for two (2) additional years, on a year-to-year basis.
APPROVE THE AWARD OF CONTRACTS.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount
Funds:
[KJ 1 $40,299.50
2
OBPI 3
Total $40,299.50
Financial Impact Summary:
islative Trackin
irector
MIAMI BEACH
Account
Parks and Recreation Operating expenditures Account
011-0950-000343
65
AGENDA ITEM _C_J....:;£;.___
DATE 3-2/-/2-
C9 tv\1/\/\/\tBEACH
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 Member3of the C"ty Commission
City Manager Jorge M. Gonzalez ~
March 21, 2012 U
REQUEST FOR APPROVAL TO AWARD CONTRACTS TO THE LOWEST
AND BEST BIDDERS FOR LINE ITEMS 1 THROUGH 6 PURSUANT TO
INVITATION TO BID (ITB) NO. 07-11/12, FOR THE PURCHASE AND
DELIVERY OF ATHLETIC UNIFORMS FOR THE PARKS AND
RECREATION DEPARTMENT: ITEMS 1, 2, 4, AND 5, TO MATTY'S
SPORTS, INC.; ITEM 3 TO UNICOMMERCE, AND ITEM 6 TO RIDDELL IN
THE TOTAL ESTIMATED ANNUAL AMOUNT OF $40,299.50.
ADMINISTRATION RECOMMENDATION
Approve the award of contracts.
KEY INTENDED OUTCOME SUPPORTED
Increase satisfaction with recreational programs.
FUNDING
$40,299.50 -Operating expenditures Account 011-0950-000343
ANALYSIS
The purpose of ITB No. 07-11/12 (the "Bid") is to establish a contract(s) by means of
sealed bids with a qualified vendor(s) for the purchase and delivery of athletic uniforms,
including basketball, flag football, soccer, softball, baseball and T-shirt uniforms for adult
programs (basketball & softball), for the Parks and Recreation Department. Orders will
be placed with vendors on an as-needed basis to meet the City's usage requirements.
Award of contracts may be to the lowest and best bidders in total or by individual
category. Should the primary vendor fail to comply with the terms and conditions of this
contract, the City reserves the right to award to the secondary vendor any individual
category, if it is deemed to be in the best interest of the City, or a combination of the two
in total or by individual category.
It is preferred, but not required, that the uniform supplier be located within Miami-Dade
County, Monroe County, or Broward County, in order to save on delivery time and to
maintain a high level of customer service for our program participants who will need
additional uniforms on an as needed basis.
Vendor shall be prepared to accept additional orders up to single uniforms after the initial
order is placed, produced, or shipped. The unit cost shall remain the same with no
additional charge for setup or quantity breaks. Production and delivery of any additional
order shall be completed within five (5) days, or sooner, upon receipt of order notification
by the City of Miami Beach Parks and Recreation staff.
66
Commission Memorandum
ITB 07-11-12
Listed below is the estimated annual contract amount of the three (3) bidders that are
being awarded. The Bid total does not include any additional orders.
Matty's Sports Inc.: Line Items 1, 2, 4, and 5 in the amount of $28,860.50
Unicommerce: Line item 3 in the amount of $2,697.00
Riddell: Line item 6 in the amount of $8,742.00
BID PROCESS
The Bid was issued on December 8, 2011, with an opening date of January 6, 2012. A
Pre-Bid conference was held December 22, 2011. Three (3) 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 to January 10, 2012.
Bidnet issued bid notices to 55 prospective bidders. Additionally, the Procurement
Division sent the bid notices to another six prospective bidders. These notices resulted
in receipt of six (6) bids from the following firms:
Matty's Sports, Inc.
Paradise Sunshine Development, Inc.
Riddell
Soccer Locker of Miami
Swago T-Shirts, Inc.
Unicommerce
Of the six (6) bids received, four (4) were deemed responsive, and two (2) were deemed
non-responsive. The non-responsive bidders did not provide the correct proposal forms.
On January 17, 2012, the Procurement Division sent the bid submissions to the following
individuals for evaluation:
Julio Magrisso, Parks and Recreation Department Assistant Director
Andrew Plotkin, Parks and Recreation Facilities Manager
Edith Guerra, Parks and Recreation Supervisor
The individuals evaluated the four (4) bids. The lowest and best total bid was submitted
by Matty's Sports, Inc., but certain individual categories by this vendor were not the
lowest. The Parks and Recreation Department stated that after reviewing the bids they
are comfortable with awarding a contract to Matty's Sports, Inc. for the basketball,
soccer, and baseball uniforms. The Department also decided to award a contract to
Unicommerce for the flag football uniforms, and the program T -Shirts to Riddell, to take
advantage of the lowest bid on those individual categories.
Matty's Sports, Inc.'s bid for the soccer and baseball uniforms was selected as the
lowest bid submitted. They were selected due to the quality of their samples provided,
which were to the exact specification requested by the Department. Matty's has been in
business for over 23 years. Based on past experience, the Parks and Recreation
Department is satisfied with their level of performance and quality of work.
Unicommerce currently has a contract with the City. The Parks and Recreation
Department is satisfied with their level of performance and quality of work.
Riddell did submit the lowest bid for one line item and is being recommended for award.
They stated they have a local Florida office and administrators, and are headquartered
in Ohio.
67
Commission Memorandum
ITB 07-11-12
Samples for the soccer uniforms submitted by Unicommerce and Swage T-Shirts, Inc.
did not meet with specifications requested by the Parks and Recreation Department, and
were of lower quality than the samples submitted by Matty's Sports. Therefore, they
were deemed non-responsive.
The Bid (ITB) also requested pricing for softball uniforms to include Jersey, shirts, visor,
and socks. However, samples provided by bidders failed to meet the specifications
established by Parks and Recreation Department. Request for Quotes will be issued and
samples received will be evaluated for the aforementioned items, which total less than
$2,000.00 per year.
CONCLUSION
Based on the analysis of the bids received, the Administration recommends that the City
award contracts to the lowest and best bidders for line items 1 through 6 pursuant to
Invitation to Bid (ITB) No. 07-11/12, for the Purchase and Delivery of Athletic Uniforms
for the Parks and Recreation Department: Items 1, 2, 4, and 5 to Matty's sports, Inc.;
Item 3 to Unicommerce, and Item 6 to Riddell, in the total estimated annual amount of
$40,299.50.
68
Total Unit -........... -.. --····--·-·--· ····-± ---··----·---···--------15.99 ---~!-1~ ... ? .O<J.. ..... N/A ···--------·-----··-240 15.99 3,837.60 N/A -----·---·-··-·--............... ____ 100 18.99 1,899.00 N/A N/A I 14.75 N/A I 14.75 N/A N/A 0') (Q l············--l········································-····--·---·····--··-·········································-····---·-t----····-..I············-·----······.J·--------·····--f--·-· ... -·--·--·+-·······--···-····-··---\----····················-1-···--·······-·-···-··················~ Baseball uniforms-shirts, hats, socks 5 6 600 I 7.99 600 I 7.99
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70
COMMISSION ITEM SUMMARY
Condensed Title·
Request for Approval to Award Contracts Pursuant to Invitation to Bid (ITB) No. 15-11/12, for Concrete
Curbing/Sidewalk Construction, Purchase of Asphaltic Concrete/Related Materials, and Striping of City Streets and
Parking Lots; Awards shall be Based on Firms' Unit Prices as Follows: Group 1: for Concrete Curbing/Sidewalk
Construction, Team Contracting, Inc.; Group II: for Milling and Resurfacing of Asphalt Concrete and the Purchase of
Asphaltic-Related Materials, Metro Express, Inc.; Group Ill: for Asphaltic Concrete/Related Material to be Picked Up
or Delivered to the City, H & R Paving, Inc.; and Group IV: for Striping of City Streets and Parking Lots, H & R
Paving, Inc. in the Estimated Annual Amount of $550,004.
Key Intended Outcome Supported:
Ensure well-maintained infrastructure
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that
79% of businesses rated recently completed capital improvement projects as "excellent" or "Qood."
Issue: I Shall the Mayor and City Commission the award of contracts?
Item Summary/Recommendation:
The purpose of this bid is to establish a contract, by means of sealed bids, for concrete curbing sidewalk
construction, the purchase of asphaltic concrete/related materials, and the striping of City streets and parking lots.
This contract shall remain in effect for two (2) years irom the date of contract execution by the Mayor and City Clerk
and two (2), one ( 1) year renewal options at the sole discretion of the City Manager
The Minimum Specifications were broken down into four separate groups from which bidders submitted pricing on a
single, any combination, or all groups of work as follows:
• Group I Concrete/Curbing Sidewalk Construction.
• Group II Milling and Resurfacing of Asphalt Concrete and the Purchase of Asphalt-Related Materials.
• Group Ill Asphaltic Concrete/Related Material to be picked-up or delivered to the City.
• Group IV Striping of City Streets and Parking Lots.
On January 6, 2012, the ITB was issued with an opening date of February 6, 2012. A Pre-proposal meeting to
provide information to prospective proposers was held on January 18, 2012. Bidnet issued bid notices to 179
prospective bidders which resulted in the receipt of four bids.
On February 22, 2012, the Panel convened to discuss each company's proposal in addition to interviewing each of
the company's project managers, superintendents, and estimators. Upon completion of the interviews, the
Committee discussed their individual perceptions of each prospective firm's qualifications, experience, and
competence in order to develop its recommendation to the City Manager.
In regards to Groups 1 and 2, the Panel voted unanimously to recommend Team Contracting, Inc. and Metro
Express, Inc., the lowest bidders respectively in each group, for award. For Groups 3 and 4, the Panel voted 4 to 1
in favor of recommending H & R Paving, Inc., the lowest bidder in both groups for award. Dwight Fulton
recommended that the City award Groups 3 and 4 to Metro Express, Inc. because it would allow for asphalt and
striping projects to be managed easier for the sake of cohesion and control of the overall process.
APPROVE THE AWARD OF CONTRACT.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount ' Account
Funds: 1 $ 30,000 Water Division Account Number 425-0410-000342
OBPI 2 $ 35,004 Sewer Division Account Number 425-0420-000342
3 $ 60,000 Sidewalk Account Number 011-9407-000342 /-J +
4 $100,000 Street Pavement Restoration Capital project Account
Number 302-2623-069357
5 $325,000 Alleyway Restoration Program Ph II Account Number
302-2617-069357
Total $550,004
Financial Impact Summary: N/A
City Manager
MIAMI BEACH 71 DATE ~2/-/~
CJ.F
~ 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: March 21,2012
SUBJECT: REQUEST FOR APPROVAL AWARD CONTRACTS PURSUANT TO
INVITATION TO BID (ITB) NO. 15-11/12, FOR CONCRETE CURBING/SIDEWALK
CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETE/RELATED
MATERIALS, AND STRIPING OF CITY STREETS AND PARKING LOTS; AWARDS
SHALL BE BASED ON FIRMS' UNIT PRICES AS FOLLOWS: GROUP 1: FOR
CONCRETE CURBING/SIDEWALK CONSTRUCTION, TEAM CONTRACTING, INC.;
GROUP II: FOR MILLING AND RESURFACING OF ASPHALT CONCRETE AND
THE PURCHASE OF ASPHALTIC-RELATED MATERIALS, METRO EXPRESS,
INC.; GROUP Ill: FOR ASPHALTIC CONCRETE/RELATED MATERIAL TO BE
PICKED UP OR DELIVERED TO THE CITY, H & R PAVING, INC.; AND GROUP IV:
FOR STRIPING OF CITY STREETS AND PARKING LOTS, H & R PAVING, INC. IN
THE ESTIMATED ANNUAL AMOUNT OF $550,004.
ADMINISTRATION RECOMMENDATION
Approve the award of contract.
KEY INTENDED OUTCOMES SUPPORTED
Ensure well-maintained facilities.
FUNDING
Funding in the amount of$ 550,004 is available from the following accounts:
$ 30,000
$ 35,004
$ 60,000
$100,000
$325~000
Water Division Account Number 425-041 0-000342
Sewer Division Account Number 425-0420-000342
Sidewalk Account Number 011-9407-000342
Street Pavement Restoration Capital project Account Number 302-2623-069357
Alleyway Restoration Program Ph II Account Number 302-2617-069357
$550,004
BACKGROUND
The purpose of this bid is to establish a contract, by means of sealed bids, for concrete curbing
sidewalk construction, the purchase of asphaltic concrete/related materials, and the striping of
city streets and parking lots, as specified herein. This contract shall remain in effect for two (2)
72
Commission Memorandum -ITB 15-11112-Concrete/Asphalt/Striping Services
March 21, 2012
Page 2 of4
years from the date of contract execution by the Mayor and City Clerk and two (2), one (1) year
renewal options at the sole discretion of the City Manager.
The work specified in this bid consists of furnishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials, services necessary for concrete/curbing and
sidewalk construction, the purchase of asphaltic concrete/related materials, and the striping of
City streets and parking lots, in accordance with the bid documents.
The Minimum Specifications were broken down into four separate groups from which bidders
submitted pricing on a single, any combination, or all groups of work as follows:
• Group I -Concrete/Curbing Sidewalk Construction.
• Group II -Milling and Resurfacing of Asphalt Concrete and the Purchase of Asphalt-
Related Materials.
• Group Ill-Asphaltic Concrete/Related Material to be picked-up or delivered to the
City.
• Group IV -Striping of City Streets and Parking Lots.
ITB PROCESS
On January 6, 2012, the ITB was issued with an opening date of February 6, 2012. A Pre-
proposal meeting to provide information to prospective proposers was held on January 18,
2012. Bidnet issued bid notices to 179 prospective bidders which resulted in the receipt of the
following four (4) bids:
• FHP Tectonics Corp.
• H & R Paving, Inc.
• Metro Express, Inc.
• Team Contracting, Inc.
As a result, the following table provides the proposed lump sum bid prices for each of the work
groups:
Group I -Concrete Curbing/Sidewalk Construction
Team Contracting, Inc. $316,850.00
FHP Tectonics Corp. $573,274.20
Metro Express, Inc. $844,500.00
H & R Paving, Inc. $917,000.00
Group II -Milling & Resurfacing of Asphalt Concrete
Metro Express, Inc. $2,573,400.00
FHP Tectonics Corp. $3,155,818.20
H & R Paving, Inc. $3,300,000.00
Group Ill -Asphaltic Concrete/Related Material to be Picked Up
or Delivered to the City
H & R Paving, Inc.
Metro Express, Inc.
73
$277,500.00
$298,500.00
Commission Memorandum -ITB 15-11112-Concrete/Asphalt/Striping Services
March 21, 2012
Page 3 of4
Group IV -Striping of City Roads and Parking Lots
H & R Paving, Inc. $152,392.00
Metro Express, Inc. $233,824.00
FHP Tectonics Corp. $253,145.45
The above lump sum bid prices could potentially result in a 13% overall savings when compared
to the lump sum bid prices received in 2008, the last time the City issued a bid for the provision
of these services and materials.
EVALUATION PROCESS
The Technical Review Panel (the "Panel") consisting of the following City staff members met on
February 22, 2012, to discuss each company's proposal in addition to interviewing each of the
company's project managers, superintendents, and estimators:
• Michael Alvarez, Infrastructure Division Director, Public Works Department
• Darlene Fernandez, Capital Project Coordinator, CIP Office
• Dwight Fulton, Civil Engineer Ill, Public Works Department
• Rhonda Gracie -Landscape Project Coordinator, Parks and Recreation Department
• Victor Hayes, Parking Operations Manager, Parking Department
Upon completion of the interviews, the Committee discussed their individual perceptions of each
prospective firm's qualifications, experience, and competence in order to develop its
recommendation to the City Manager.
In regards to Groups 1 and 2, the Panel voted unanimously to recommend Team Contracting,
Inc. and Metro Express, Inc., the lowest bidders respectively in each group, for award. For
Groups 3 and 4, the Panel voted 4 to 1 in favor of recommending H & R Paving, Inc., the lowest
bidder in both groups for award. Dwight Fulton recommended that the City award Groups 3 and
4 to Metro Express, Inc. because it would allow for asphalt and striping projects to be managed
easier for the sake of cohesion and control of the overall process.
H & R Paving, Inc.
Since 1976, H & R Paving, Inc. has been providing paving services throughout South Florida. H
& R shall also be subcontracting High Tech Striping, Inc. for part of the work. High Tech
Striping has been in business for over 15 years. Both companies have been providing striping
and other asphalt services to the City since 2005.
The performance evaluation submitted by the Public Works department for H $ R Paving
regarding their ongoing services with the City was favorable and indicated that the quality of the
work performed was good.
Metro Express. Inc.
Since 1996, Metro Express, Inc. has been providing construction services to South Florida.
Specifically, this company managed the renovation of Collins Park for the City of Miami Beach
and stormwater and right-of-way repairs for the City of Miami and the City of Coral Gables.
Metro Express, Inc. is currently a streetscape JOC Contractor performing various construction
projects throughout the City.
74
Commission Memorandum -ITB 15-11112 -Concrete/ Asphalt/Striping Services
March 21, 2012
Page 4 of4
The Performance Evaluations submitted by the CIP Office for the work performed by Metro
Express, Inc during the City Center 9A and Collins Park -Phase II projects were favorable. The
project manager indicated that Metro Express, Inc did an excellent job in Collins Park-Phase II.
Team Contracting, Inc.
Team Contracting, Inc., its principals and its employees have been providing JOC services to
local municipalities since 1997. Team has been a JOC contractor for the City of Miami Beach
since 2003 specializing in vertical and maintenance construction. Team, as F & L Construction,
Inc., has been providing concrete services to the City since 2005.
The Performance Evaluation submitted by the CIP Office and Public Works Department
regarding the work performed by Team Contracting, Inc or F & L Construction for ongoing
services with the City and work performed at theW 29th street bridge and Washington Avenue
bridge repairs, Serpentine Walkway at Lummus Park, surface lot 26A Collins and aoth Street,
and LLN & Meridian Ct were either good or excellent. The Performance Evaluation submitted for
the work performed at the City Hall Small Elevator indicated that the lower score was directly
affected by the inability of Team Contracting, Inc to manage the subcontractor Oracle, which
affected their overall scheduled and change orders submitted at the end of the job.
CITY MANAGER'S REVIEW
After considering the review and recommendation of City staff, the City Manager exercised his
due diligence and carefully considered the specifics of this ITB process. As a result, the City
Manager recommends to the Mayor and City Commission to award contracts to Team
Contracting, Inc. under Group I for concrete curbing/sidewalk construction; Metro Express, Inc.
under Group II for milling and resurfacing of asphalt concrete; and H & R Paving, Inc. under
Groups Ill and IV for asphaltic concrete/related material to be picked up or delivered to the City
and striping of City roads and parking lots respectively.
CONCLUSION
Based on the aforementioned, the Administration recommends that the Mayor and City
Commission Award Contracts pursuant to Invitations to Bid (ITB) No. 15-11/12 for concrete
curbing/sidewalk construction, purchase of asphaltic concrete/related materials, and striping of
City streets and parking lots; awards shall be based on firms' unit prices as follows: Group 1: for
concrete curbing/sidewalk construction, Team Contracting, Inc.; Group II: for milling and
resurfacing of asphalt concrete and the purchase of asphalt-related materials, Metro Express,
Inc.; Group Ill: for asphaltic concrete/related material to be picked up or delivered to the City, H
& R Paving, Inc.; and Group IV: for striping of City streets and parking lots, H & R Paving, Inc. in
the estimated total annual amount of $550,004.
T:\AGENDA\2012\3-21-12\ITB 15-11-12-Concrete, Asphalt, Striping Services-MEMO.docx
75
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76
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 ro erties and facilities.
Key Intended Outcome Supported:
Improve the City's Overall Financial Health
Supporting Data (Surveys, Environmental Scan, etc.):
75% of residents and 68% of businesses rated Miami Beach city government as excellent or good in
meeting their needs and expectations.
Issue: I Whether the City Commission should approve the issuance of the RFP?
Item Summary/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 is most advantageous to the City. White it is
the City's intention 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.
THE ADMINISTRATION RECOMMENDS ISSUANCE OF THE RFP.
Advisory Board Recommendation:
Financial Information·
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary:
Ci Clerk's Office le islative Trackin
Anna Parekh, ext. 6471
Si n-Offs:
AP G
T:\AGENDA\2012
MIAMI BEACH 77
Approved
AGENDA ITEM _C_;2_G--_
DATE 3-2/-/: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 City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: March 21,2012
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 (KIOs) 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, provide a service to the public, 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 A TM accounts; and submits an offer that is most
advantageous to the City. While it is the City's intention 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.
Based upon a comparable market analysis of the fees charged by large institutions
locally, as well as the average of fees charged by ATM operators nationally, the
Administration is recommending that the transaction fees be capped at $2.50. Below,
for your information and consideration, is a Comparable Market Analysis.
78
Commission Memo
RFPforATMs
March 21, 2012
Page 2of7
COMPARABLE MARKET ANALYSIS
ATM Machines Transaction
Located on Miami Beach Fee
Publix $2.00
Amtrust Bank $2.50
PNC Bank $2.50
Pointe Bank $2.50
Suntrust $2.95
Bank of America $3.00
BB&T $3.00
Chase $3.00
CitiBank $3.00
City National Bank $3.00
HSBC $3.00
Ocean Bank $3.00
Regions $3.00
TD Bank $3.00
Wells Fargo $3.00
National Average (2011)
per Bankrate.com
Highest:
New York
Seattle
Houston
San Diego
Denver
Lowest:
Cleveland
Minneapolis
Tampa
Chicago
Cinncinati
The Transaction Fee is the amount charged to an ATM user by the ATM owner.
$2.40
$2.60
$2.63
$2.69
$2.70
$2.75
$2.06
$2.15
$2.19
$2.20
$2.22
The Transaction Fee is in addition to any charge which the ATM user's bank may charge.
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 ATM 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.
The price structure for any future additional facilities shall be subject to the City's
approval.
79
Commission Memo
RFPforATMs
March 21, 2012
Page 3of7
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.
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 ATM 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 ATM shall offer, at a
minimum, Visa and MasterCard credit card acceptance.
Each ATM must provide cash withdrawal from checking and/or savings accounts,
account transfers, and balance inquiries, and must be capable of dispensing paper
currency in at least twenty dollar ($20.00) denominations.
ATMs shall have the capability of being programmed in at ieast two (2) languages. The
City prefers English and Spanish.
The ATMs must be attractive, functional, and resistant to rough usage and vandalism.
ATMs must have systems management capabilities for predicting, assisting, and
reporting maintenance. All ATMs shall be clearly marked with the ATM number, and
have a 24-hour toll free telephone number to call for inquiries, maintenance issues,
complaints or customer service issues.
ATMs should be located within areas approved by the City, against solid walls and away
from any glass doors or storefront glass. ATMs should not be located within open
80
Commission Memo
RFPforATMs
March 21, 2012
Page 4 of7
terraces or verandas, or within open courtyards, and should not obscure or block historic
or architecturally signifiGant 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 ATMs shall be installed in a manner compatible with the existing electrical,
mechanical, and structural design of the premises. ATM services shall be provided with
consideration regarding the regular scheduled opening and closing of the buildings, and
services shall be available 24 hours per day, 7 days per week, including holidays.
The contractor shall regularly service each ATM so that it will at all times be properly
stocked, cleaned, and in condition for use, and shall keep the ATM locations in good
order and repair and shall not allow the accumulation of waste in the areas. The
contractor shall provide a twenty-four (24) hour response time for machine repairs and/or
replacement.
The contractor shall repair any holes in the walls and flooring resulting from the
installation or removal of the ATM machines.
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.
ADD ALTERNATES
The contractor shall propose any additional sources of revenue to the City, and the
amount of said revenue, as a result of the operation of the ATM machines (i.e.
advertising, etc.).
The City reserves the right, at its sole discretion, to select none, any, or all Add
Alternates
REPORTING REQUIREMENTS
The contractor shall keep detailed monthly records on the number of total viable
transactions and foreign transactions separately for each ATM machine to determine
commissions payable to the City. Detailed records on the monthly transactions per
machine must be submitted to the City's Contract Administrator, no later than the
fifteenth (15th) of each month for the preceding reporting period.
MINIMUM GUARANTEE (MGl
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 (MG). The MG shall be due upon commencement
of the agreement and each anniversary thereafter, including any approved renewal term.
81
Commission Memo
RFPforATMs
March 21, 2012
Page 5of7
PAYMENTS AND TRANSACTION FEES
The contractor shall propose to the City the transaction fee charges and/or surcharges
levied to cardholders and non-cardholders. Transaction fees or surcharges may not be
altered without written approval by the City, and may not exceed the City's established
cap.
The contractor shall pay a percentage of the transaction fee charges and/or surcharges
to the City. During the initial term, and any approved renewal term, within thirty (30)
days of the anniversary of the agreement, the successful contractor shall pay to the City
any amount in excess of the MG which is derived from the City's portion of the
transaction fees.
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 as required by the Florida Security of Public Deposits Act, Chapter 280,
Florida Statutes.
Must provide at least five (5) clients as references, preferably government agencies.
PERFORMANCE BOND ORAL TERNATE 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.
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. The exact position of the ATM machines at each
location shall be subject to prior approval by the City.
1. CITY HALL PARKING GARAGE
1755 Meridian Avenue
2. 1701 MERIDIAN AVENUE (CITY HALL ANNEX)-LOBBY
777 1th St.
3. SCOTT RAKOW YOUTH CENTER AND ICE RINK
2700 Sheridan Avenue
4. *HISTORIC CITY HALL
1130 Washington Avenue
82
Commission Memo
RFPforATMs
March 21, 2012
Page 6of7
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. *th 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 17th St.
16. 42nd STREET PARKING GARAGE
400 42N° Street
17. PENNSYLVANIA GARAGE
1661 Pennsylvania Avenue
18. MIAMI BEACH CONVENTION CENTER (4 ATMs) (not currently available)
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:
83
Commission Memo
RFPforATMs
March 21, 2012
Page 7of7
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; (25 points);
3. Successful performance in providing and maintaining A TMs as evidenced by
performance evaluation surveys and reference checks conducted by the
Administration (25 points); and
4. Proposed revenue to the City (20 points).
LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5)
points to Proposers, which are 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 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.
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/GUAP/MM
T:\AGENDA\2012\3-21-12\ATM RFP Memo 03092012.docx
84
COMMISSION ITEM SUMMARY
Both
Condensed Title:
Request for approval to Issue a Request For Proposals (RFP) for the management and operation of
food and beverage concessions in the City's parks.
Key Intended Outcome Supported:
Increase resident satisfaction with the level of services and facilities.
Supporting Data (Surveys, Environmental Scan, etc.):
37.3% of the residential respondents to the 2009 Community Satisfaction Survey, when thinking about
recreation programs in the City of Miami Beach, felt that the "18 year of age and under'' demographic
should benefit most from limited resources during tough economic times.
Issue:
I Whether the City Commission should approve the issuance of a Request for Proposals (RFP)?
Item Summary/Recommendation:
Given the City's recent and extensive capital investment to upgrade its parks, including South Pointe
Park, Collins Park, Normandy Isle Park, Soundscape Park and the $10.5 Million renovation planned
for Flamingo Park, as well as new programming in the parks, such as Arts in the Park, Movies in the
Park and the Soundscape Cinema Series, the Administration believes it is opportune to initiate an
RFP process to competitively solicit proposals from qualified concessionaires for the operation and
management of food and beverage facilities as an added and much needed recreational amenity in
the City's parks.
The City will grant to the successful proposer(s) the exclusive right, during the term of the
Agreement(s), to manage and operate existing concession stands in the City's parks (Normandy Isle
Park Pool and Flamingo Park Pool). In addition, the City is seeking a concessionaire to provide
temporary (as needed) food and beverage services during events at parks that have no permanent
concession facilities, including, but not limited to, Soundscape Park and Bandshell Park. The contract
term will be for a period of two (2) years with the sole option and discretion of the City, to renew for an
additional three (3) one (1) year periods.
THE ADMINISTRATION RECOMMENDS ISSUANCE OF THE RFP.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount Account
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary: N/A
f9 MIAMIBEACH 85
Approved
AGENDAITEM (!;;lij
DATE i-21-/Z-
m 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 3fthe Ci Commission
Jorge M. Gonzalez, City Manager '/\'
March 21,2012 u
A REQUEST TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE
MANAGEMENT AND OPERATION OF FOOD AND BEVERAGE
CONCESSIONS IN THE CITY'S PARKS.
ADMINISTRATION RECOMMENDATION
Approve the Issuance of an RFP.
ANALYSIS
On April 10, 2007, the City of Miami Beach issued a Request for Letters of Interest to
develop a pilot program to operate a food and beverage concession at Flamingo Park and
Normandy Isle Park Pools. On June 181\ 2007, the City entered into an agreement with
Karlen Foods, Inc., to operate the concessions at these two locations for a little less than
four months, or until September 301h, 2007. Under the Agreement, Karlen Foods was
authorized to sell snack type products, including, but not limited to, microwavable
hamburgers, hot-dogs, turkey burgers, pizza and any other similar products including
candy/energy bars, chips and drinks. As a condition to operating the concessions, Karlen
Foods was required to compensate the City five (5)% of gross sales from each of the two
locations. Unfortunately, the feasibility of the pilot program could never be determined since
Karlen Food was eventually placed in default and terminated for failure to comply with the
terms of the Agreement.
On May 51h 2011, the City entered into a Letter Agreement for a pilot program for the
operation of a food concession at the Normandy Isle Pool, which was intended to help the
City gauge interest in such a service. The Letter Agreement is due to expire on April4, 2012,
and has one renewal option for an additional ninety days at the sole discretion of the City
Manager.
Given the City's recent and extensive capital investment to upgrade its parks, including
South Pointe Park, Collins Park, Normandy Isle Park, Soundscape Park and the $10.5
Million renovation planned for Flamingo Park, as well as new programming in the parks,
such as Arts in the Park, Movies in the Park and the Soundscape Cinema Series, the
Administration believes it is opportune to initiate an RFP process to competitively solicit
proposals from qualified concessionaires for the operation and management of food and
beverage facilities as an added and much needed recreational amenity in the City's parks.
86
Commission Memorandum
RFP for Pari< Concessions
March 21, 2012
Page 2 of3
Scope of Services:
The City will grant to the successful proposer(s) the exclusive right, during the Term of the
Agreement(s), to manage and operate existing and/or temporary concession stands in the
City's Parks, as follows:
Park Address/Location Type of Facility
Normandy Isle Park & Pool 7030 Trouville Esplanade Permanent 9X9 concrete structure
Flamingo Park Pool Jefferson Ave & 11m St Permanent 9X9 concrete structure
Proposals may be submitted to operate one or more of the above-referenced concession
areas. In addition, the City is seeking a concessionaire to provide temporary (as needed)
food and beverage services during events at parks that have no permanent concession
facilities, including, but not limited to, Soundscape Park and Bandshell Park. The successful
proposer(s) must agree to manage and operate the Concession Areas and will be
authorized to conduct the following kinds of business(es) within the Concession Areas, as
follows:
Permitted Uses:
Operate and manage the concession stand, which shall provide, prepare and I or sell the
following:
• Non-alcoholic beverages.
• Prepared and/or prepackaged foods.
Schedule of Operation:
Successful proposer(s)' hours of operation for permanent/on-site facilities shall be mutually
agreed upon between the City Manager's designee and the Concessionaire but, at a
minimum, shall coincide with the operational hours of the respective park location, as
established by the City's Parks and Recreation Department. Hours of operation for
proposals involving temporary concessions shall coincide with event dates and hours in the
respective park.
Concession Fees:
Security Deposit:
Upon execution of the Agreement, the successful proposer(s) shall furnish the City with a
Security Deposit, as agreed to by the City. Said Security Deposit shall serve to secure
successful proposer's performance in accordance with the provisions of the Agreement. In
the event the successful proposer fails to perform in accordance with said provisions, the
City may retain said Security Deposit, as well as pursue any and all other legal remedies
provided herein, or as may be provided by applicable law.
Minimum Guarantee (MG):
For those proposals involving the permanent on-site facilities only, the successful
proposer(s) shall pay to the City a Minimum Guaranteed Annual Concession Fee (MG).
87
Commission Memorandum
RFP for Park Concessions
March 21, 2012
Page 3of4
Percentage of Gross (PG):
During the initial term, and any renewal term, of the Agreement, successful proposer(s) shall
pay the City a percentage of successful proposer's gross receipts (PG).
For proposals involving permanent on-site facilities only, if the annual PG is more than the
MG amount provided in the Agreement, then the successful proposer shall also pay to the
City, on an annual basis, the difference between the PG amount and the MG amount.
In the event that the City, at its sole discretion, chooses to extend the term of this Agreement
for any renewal term, the renewal term MG shall be subject to negotiations.
Evaluation Criteria
Specific factors will be applied to proposal information to assist the City in its task of
selecting the most-qualified candidate or candidates for this RFP. An Evaluation
Committee appointed by the City Manager will evaluate proposals. Oral presentations may
be required of all Proposers. The evaluation criteria to be considered in the evaluation of
proposals are listed below:
A) Financial: (percentage= 30%)
• Financial capability to perform the services outlined in the RFP, and
• Proposed minimum guaranteed revenue or percentage of gross sales to the
City.
B) Experience and qualifications: (percentage= 35%)
• Experience and qualifications of the Proposer; and
• Management team's experience and qualifications.
C) Methodology and approach: (percentage = 20%)
• Methodology and approach relative to ensuring successful Concessions; and
• Customer Service Plan(s).
D) Successful previous and/or current performance in operating quality food and
beverage concessions (percentage = 15%)
• Number of positive performance evaluation surveys and/or reference checks
conducted by the Administration.
LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points
to Proposers, which are 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 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.
Term of Agreement
Any agreement entered into the by City, will be for a period of two (2) years with the sole
option and discretion of the City, to renew for an additional three (3) one (1) year periods.
88
Commission Memorandum
RFP for Park Concessions
March 21, 2012
Page 4 of4
CONCLUSION
The Administration recommends that the Mayor and City Commission authorize the
issuance of a Request for Proposals (RFP) for the management and operation of food and
beverage concessions to be located in the City's parks, in accordance with the scope of
services outlined herein.
JMG/HMF/AP/MM/KOB
T:\AGENDA\2012\3-21-12\Park Concessions RFP Memo (3-7-12).doc
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90
C4
COMMISSION COMMITTEE
ASSIGNMENTS
91
(9 MIAMIBE
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Jorge M. Gonzalez, City Manager
Robert Parcher, City Clerk
Jorge R. Exposito, Commissioner
February 15, 2012
Referral to Finance & Citywide Projects Committee
Please place a referral item on the March 21, 2011 Commission Meeting agenda to the Finance
Committee. I would like to add a discussion item on assigning funds for the placement of a
fence around South Pointe Park Tot Lot area.
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
i We are committed to providing excellent public seNice and safe'V to all who live, work, and play in our vibr<
93
Agenda ltem---.;;;C;;,_$0'-'-~-'---
Date J-d.I-JL
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94
(g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
Jorge M. Gonzalez, City Manager
Robert Parcher, City Clerk
Jorge R. Exposito, Commissioner
March 13, 2012
MEMORANDUM
SUBJECT: Referral to Finance & Citywide Projects Committee
Please place a referral item on the March 21, 2012 Commission Meeting agenda to the Finance
& Citywide Projects Committee. I would like to add a discussion item about the Normandy
Shores Open Space Park at its existing area next to the tennis courts to include a Vita course
equipment, trees, benches and an open area for children to run and play and people to sit and
enjoy the view.
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 Ia providing excellent public service and safety Ia all who live, work, and play in our vibrant~
95
! Agenda Item Ct;8
Date 3-e)/-/2
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96
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Mr. Jorge Gonzalez, City Manager
Mr. Robert Parcher, City Clerk
Commissioner Deede Weithorn
February 22, 2012
Referral to Neighborhoods Committee:
"See it, Report it" Campaign
MEMORANDUM
Commissioner Deede Weithorn would like to make a referral to the Neighborhoods &
Community Affairs Committee for a discussion item regarding the implementation of a "See it,
Report it" campaign to facilitate and expedite the reporting of code compliance and non-
emergency police issues.
Should you have any questions and/or concerns, please do not hesitate to contact me at
extension 6528.
Th~
Alex J. Fernandez,
Deputy Commissioner to
Commissioner Deede Weithorn
We are committed to providing excellent public service and salery to all who live, work, and play in our vibn
i Agenda Item C Lf C
Date 3-;21-1 L
97
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98
(9 MIAMIBE CH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Mr. Jorge Gonzalez, City Manager
Mr. Robert Parcher, City Clerk
Commissioner Deede Weithorn
February 22, 2012
Referral to Land Use & Development Committee:
Enforcement of Short Term Rentals
MEMORANDUM
Commissioner Deede Weithorn would like to make a referral to the Land Use & Development
Committee a discussion item regarding the enforcement of short term rentals.
Should you have any questions and/or concerns, please do not hesitate to contact me at
extension 6528.
Th~
Alex J. Fernandez,
Deputy Commissioner to
Commissioner Deede Weithorn
We are committed to providing excellent public service and soiery to all who live, work, and play in our
99
Agenda Item C. LfD
Date 3~d./-J 2-
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100
C9 MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Mr. Jorge Gonzalez, City Manager
Mr. Robert Parcher, City Clerk
Commissioner Deede Weithorn
March 2, 2012
Referral to Neighborhoods Committee:
41st Street Life Safety Recommendations
MEMORANDUM
Commissioner Deede Weithorn would like to refer the attached 41st Street life safety
recommendations from the Committee for Quality Education as a discussion item to the
Neighborhoods Committee.
Should you have any questions and/or concerns, please do not hesitate to contact me at
extension 6528.
Th~
Alex J. Fernandez,
Deputy Commissioner to
Commissioner Deede Weithorn
We are commiffed to providing excellent public service and safe;y to all who live, work, and play in our vibn
101
Agenda Item C (/ E
Date :J-;).1-/2-
(9 MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC # 059-2012 LETTER TO COMMISSION
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: February 28, 2012
SUBJECT: Committee for Quality Education Motions
The Committee for Quality Education would like you to be aware of the attached motion regarding
FDOT and 4V' Street landscaping request, which were approved at their February 28, 2012,
committee meeting.
C) r-.J)
c:::::o
-i --< r-.J) ·:::v :s rn n ;po.
r :;;;o ~ rn I '11
Kathie Brooks, OBPI Director # :::.r.:
~ -
C: <ft -o <
0 :s 11 leslie Rosenfeld,.QEC liaison ""'!"! r 0 ...,.., ..
CJ N
r'f'\ (.J1
;~: ~
'·-.-;; ~:}.,:.' :.::·
102
Meeting of: February 28, 2012
City of Miami Beach
Committee for Quality Education
Members Present:, Karen Rivo, Sofia Emuriel Kay Coulter, Pat Kaine, , Beverly Heller, Becky
Cohen, Dakshesh Bhatt, Maria Hosu,, Tiffany Heckler, and Heidi Tandy
Members Absent: Waldy Blanco, Nizia Motola, lvette Borello, Sheila Duffy -Lehrman, and Keren
Bajaroff
Motion Made By: Beverly Heller
Motion Second By: Heidi Tandy
Motion Text:
The Committee for Quality Education request the Mayor and Commission urge the Florida
Department of Transportatio.-. (FDOT) to implement the following: ·
• lnstall.a speed indicator at 4111t Street and Alton Road
• Move the crosswalk located on 41~ and Garden to 41st and J~erson as a result of the
request by the City to landscape and raise the medians along 41st Street and include in any
preliminary final decisions representatives of the school community
The QEC urges for the Mayor to support the above request.
Motion Passage: Votes 10-0
>:.-::.:,.··,
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104
!
I
I
& MI.AMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Matti Herrera Bower, Mayor fl;vJ .-Nvz I'M\-{~
DATE: February 27, 2012
SUBJECT: Consent Agenda Item: Referral to Neighborhoods Committee
Please place on the March 21, 2012 Commission meeting agenda a referral to the
Neighborhoods Committee of a discussion regarding the guidelines for film permits
issued in residential neighborhoods.
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 are committed /o providin9 excellent public service and safety lo all who live, work, and play in our
Agenda Item C t; F I
Date j&J/-1?
105
MIAMI BE H
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Mr. Jorge Gonzalez, City Manager
Mr. Robert Parcher, City Clerk
Commissioner Deede Weithorn
February 28, 2012
Referral to Neighborhoods Committee:
Discussion Item on the Issuance of Film Permits
MEMORANDUM
Commissioner Deede Weithorn would like to make a referral to the Neighborhoods &
Community Affairs Committee for a discussion item regarding the issuance of Film Permits in
single family neighborhoods.
Should you have any questions and/or concerns, please do not hesitate to contact me at
extension 6528.
Th~
Alex J. Fernandez,
Deputy Commissioner to
Commissioner Deede Weithorn
We are commiffed to providing excellent public service and safery to all who live, work, and play in our vibrant, tropical, historic community.
106
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION ~:MEMORANDUM
'I
TO: Jorge Gonzalez, City Manager
FROM: Jerry Libbin, Commissioner
DATE: February 29, 201 2
SUBJECT: Consent agenda item for the March 21, 2012 Commission meeting; a referral to
the Neighborhood and Community Affairs Committee
Please place on the March 21, 2012 Commission meeting agenda; a referral to the
Neighborhood and Community Affairs Committee; to consider amendments to the film permit
policy which currently allows permits in residential neighborhoods for as many as 10 films per
month .. This seems counter intuitive to the idea that we do not want residential neighborhoods to
be commercialized.
Please contact my office at ext. 7106 if you have any questions.
JL/er
\1\!e u:!' C• Jffllllill<.'d 1c > ptow:iuJg excel/en/ public service ond soldv /o oil who ltve, work, ond ploy• in uut vt/1/on/. l10picul. illslunc conununity.
107
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108
m 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: March 21, 2012
SUBJECT: A REFERRAL TO THE IGHBORHOODS AND COMMUNITY AFFAIRS
COMMITTEE PROPOSED AMENDMENTS TO THE CITY'S FILM AND PRINT
GUIDELINES
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission refer the subject to the Neighborhoods and
Community Affairs Committee for discussion and consideration.
BACKGROUND
On April 18, 2001, the City Commission adopted Ordinance No. 2001-3303 which established procedures and
criteria for the issuance of film permits in the City. At the same time, the City Commission adopted a
companion Resolution that established Film and Print Guidelines. The Film & Print guidelines outline
insurance, indemnity and application requirements; basic requirements for Police and other municipal services;
do's and don'ts of filming; restrictions; and requirements. They also include requirements for residential
production requests, as well as more detailed enforcement policies. These guidelines have been designed to
allow the City flexibility in the coordination of productions. Rarely are productions "cookie cutter" in nature, and
flexibility in the review and approval process allows City staff to be proactive and responsive in accommodating
the varying needs of this industry, while mitigating any impacts of the production on the neighborhood(s).
The Tourism and Cultural Development Department, Office of Film and Special Events, is responsible for
facilitating compatible production and, with the oversight of the City Manager's office, issues Film and Print
Permits. The Office serves the needs of the City's thriving production community while safeguarding the City's
businesses and neighborhoods. The Office of Film and Special Event issues close to 1000 film permits each
year and is an information resource to productions, businesses and residents alike.
PROPOSED FILM & PRINT AMENDMENTS
In order for the City of Miami Beach to continue to successfully foster stability and growth in the film and print
production industry, the City periodically reviews it's guidelines to determine if amendments are necessary.
The City's Production Industry Council (PIC) has reviewed amendments to the guidelines at their January 10,
2012 and February 14, 2012 meetings. In considering amendments PIC recognized the long-term value of
managing and promoting this industry, and proactively encouraging its continued growth.
Proposed amendments (see attached) include the following:
Clarify the enforcement section of film permits, mirroring recommended language proposed for the
Special Event Guidelines and Regulations, which amends the fine schedule to $500 for a first offense,
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Ordinance Amendment-Film and Print Productions
March 21, 2012 Page2
$1 ,500 for a second offense, and $3,000 for a third and all subsequent offenses. Penalties for repeat
violations are also proposed;
• further defining "City-wide" and "Driving Shot" permits;
• expanding the Vehicle Beach Access Policy pertaining to all beach, park and pedestrian use areas.
Currently the pass is intended only for beach use. This change allows proper regulation of safety
needs for productions that require access to non-beach authorized areas, such as greenspace,
mirroring language recommended for special event guidelines; and
• other amendments include clean up language to various sections.
In addition to these proposed amendments, the Administration is seeking direction from the Commission on
whether further amendments should be made to residential filming guidelines. As you know, the resident of
4350 North Bay Road has requested the City further restrict the frequency and number of Film & Print Permits
in Single Family districts as a result of the recent activity at 4358 North Bay Road. The property in question
has obtained Film & Print Permits in accordance with the City's Guidelines and has complied with all
requirements. However, this resident (4350 North Bay Road) believes the frequency of the activity changes
the nature of a residential neighborhood.
As previously stated, these guidelines were adopted in 2001 primarily to regulate residential uses after
concerns at the time that particular homes were truly commercial studios for the Print industry. Film and Print
Permits are the only regulated commercial allowances for residential Miami Beach other than garage sales and
home-based businesses. The guidelines essentially allow for completely contained uses with no major external
impacts within the hours of 7am and 10pm (Bam on weekends and holidays) to proceed with notification to all
properties within 500 feet at least 48 hours prior to the production. Any uses beyond those hours or with more
impactful elements (parking, lane closures, simulated gunfire, etc.) require signature approvals within that
same radius, with the percentage of approvals determining what impacts the City will allow. In all cases where
signature approvals are required, the immediate neighboring properties must consent or the City will not issue
a permit.
All productions that want to film in residential neighborhoods are required to obtain a Film & Print Permit. As no
two productions are the same, the Film & Print Office may require productions to meet additional requirements
depending on the nature and scope of the production.
Current Residential Notice Requirements
Although the City Code does not have a notice requirement for film productions, the Film Guidelines, which
were adopted by Resolution and are referenced in Chapter 12 of the City Code, require film productions in
residential neighborhoods to provide notice to residents living within a minimum of 500 feet from any filming
activity and/or equipment parking on private property. Productions are not allowed to park equipment or crew
on the street or swale at any time unless a proper street closure has been processed and approved, including
consent (signature approval) from affected residents.
In addition to notice, pursuant to the Film Guidelines, consent (signature approval) from affected
neighborhood residents that live within 500 feet of the production is required for residential productions
(including the parking of production vehicles) that are to occur between the hours of 10:00 p.m. and 7:00 a.m.
weekdays and 10:00 p.m. and 8:00a.m. weekends, as follows:
• Between 10:00 p.m. and 1:00 a.m., consent (signature approval) from 60% of affected
neighborhood residents must be obtained by the production.
• Between 1:00 a.m. and 7:00 a.m., consent (signature approval) forms from 75% of affected
neighborhood residents must be obtained by the production.
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City Commission Memorandum
Ordinance Amendment-Film and Print Productions
March 21, 2012 Page3
• In any instance where a production proposes to film at a residential location in excess of 14
consecutive days, regardless of filming activity, the production will be required to obtain consent
(signature approval) from 90% of affected neighborhood residents.
• In all cases where signature approvals are required, the immediate neighboring properties must
consent or the City will not issue a permit.
In addition, consent (signature approval) for residential location filming during normal hours are also required in
the following circumstances:
• Productions with exceptional filming activities (e.g., simulated gunfire, bullet hits, fire effects,
explosions, car crashes, aerial filming, etc.), or high-impact productions (e.g., large numbers of
crew/talent and/or production vehicles/equipment present), as determined by the Film & Print
Office based on an assessment of potential impact to the surrounding neighborhood, and/or any
situation in which the activities may present a public safety concern.
CONCLUSION
The Administration recommends that the City Commission refer the subject to the Neighborhoods and
Community Affairs Committee for discussion and consideration.
JM-a@/MAS
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iii CITY OF MIAMI BEACH -FILM AND PRINT OFFICE il
&TEL: (305) 673-7070-FAX: (305) 673-7063, Email: film@miamibeachfl.gov
FILM & PRINT REQUIREMENTS AND GUIDELINES
I. WHO NEEDS A FILM PERMIT?
II. PERMIT APPLICATION REQUIREMENTS
Ill. NEWS MEDIA
IV. STUDENTS
V. CITY SERVICES
VI. CITY WIDE PERMITS
VII. RESIDENTIAL NEIGHBORHOOD FILMING
VIII. MORATORIA
IX. ENFORCEMENT
X. MISCELLANEOUS
XI. REVISIONS
XII. COMMUNITY
XIII. OTHER GOVERNMENT AGENCIES
XIV. ASSOCIATION & PROPERTY OWNERS
XV. SUMMARY
XVI. PRODUCTION INCENTIVES PROGRAM
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I. WHO NEEDS A FILM & PRINT PERMIT?
Individuals or businesses wishing to conduct commercial film, television, video and
photography projects must obtain a Film & E.print permit from the City of Miami Beach.
Film & Print permits are issued for both public and private properties. Film and Print
activities taking place on private (commercially zoned) property may not require a
permit, as long as those activities (including vehicles) are completely self-contained on
the property. Any activities that require city services require a Efilm & pfiAt-Print permit.
The permit shall be available for inspection at the site on which the photography and/or
filming is to occur. Upon the request of any police officer or code enforcement officer of
the City, the owner, lessee or representative of the production company shall exhibit
such permit.
II. PERMIT APPLICATION REQUIREMENTS
Individuals or businesses wishing to conduct commercial film, television, video and
photography projects must provide the City with a copy of the following documents prior
to the issuance of any Efilm & E.print permits:
• Valid .QGertificate of Hnsurance for no less than one million US dollars (or currency
equivalent) in general liability coverage, naming the City of Miami Beach as
additional insured and ~ertificate holder;
• Completed Indemnity Agreement (located on City's website), signed and sealed
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(notary seal or corporate seal). with entity matching insured party; and
• Completed permit application---fefm. with permittee matching insured and
indemnified.
A. Requests for a Efilm & Print permit! should be received no less than :feYf..two working
days prior to the start of production in commercial districts and five working days for film
uses in residential Miami Beach. unless additional time is required due to the nature of
the request.
Film permit applicants are issued permits that are date, time, and location specific~
except for "Miami Beach Citywide" permit: Requests for filming on weekends or
holidays are reviewed on a case-by-case basis. Locations for Film & Print permits are
reserved on a first-come. first-serve basis. regardless of the size or scope of the
production.
B. A Miami Beach Citvwide permit allows for small teams (less than ten oeoQ!e in total) with+~-...----~Fo~rm;;;.a;;;;tted;.;;.;,;,:,;,.;Fo;;;.nt;;;.,: ,:;;<De.;,;f,;;,;au;;,;;lt):.;.Ar;;;.ia;;,.l ----<
minimal equipment (must be easily and quickly transported) to film on Miami Beach -·--. Formatted: ust Paragraph, Numbered +
streets. sidewalks. City beaches and parks that do not require rental fees. assuming the Level: 1 + Numbering Style: A, B, c, ... + Start
at: 1 + Alignment: left + Aligned at: -0.3" + production does not block pedestrian or vehicular traffic or impact private business or Tab after: -o.o5" +Indent at: -o.o5"
concessionaire without specific coordination. Equipment allowed includes camera.
tripod. reflectors and battery operated lights. No generators or cabling allowed. No
reserved or authorized parking permitted, including vehicles on beach or parks. Miami
Beach City-wide does not include use of residential areas. which requires additional
coordination and permitting from the City of Miami Beach. Requests fur filming on
·.veekends or holidays are re•:ievt'ed on a case by case basis. Locations for film
production are reserved on a first come, first serve basis regardless of the size or scope
of the production. Film permits fur small crews may be issued on a "City VVide" basis with
review and approval from Film & Print Office.
the day prior to the start of production. Print permit applicants (photography) may be
issued a "City Wide" permit which is valid all day fur a period of time not to e*ceed three
weeks. These "City VVide" permits do not grant the applicant any special privilege, nor
e*emption, from any City rule, regulation, ordinance or need fur City services. "City
V'lide" permits Elo not include interiors of public buildings. Due to the comple* nature of
film production, any film permit issued fur a specific location is understood to ha•.'e
priority over any "City VVide" print permit.
While these time framesapplication deadlines are considered minimum standards, the
Film & Print Office always appreciates as much notification time as possible and early
notice is in the interest of applicants who wish to secure specific locations, which are
booked on a first-come first-serve basis, or require City services. The Film & Print
Office, without obligation, makes every effort to accommodate all reasonable requests
that do not meet the above noted minimum time frames.
Ill. NEWS MEDIA: "professional journalists" collecting, photographing, recording, or reporting
"news" as defined in section 90.5015 of the Florida Statute are exempt from obtaining a
permit -but are encourage to notify the Film & Print Division if possible. Any uses that
FILM & PRINT REQUIREMENTS ANO GUIDELINES 2004
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require City coordination. inclusive of vehicles accessing authorized areas (e.g. beach
and park areas) must coordinate such uses with the Film Office.
IV STUDENTS are e*empt from compliance with the insurance requirement. Hov.'ever,
s§tudents must comply with all ~requirements and provide valid
identification, along with_proof of current enrollment. and may be asked to provide
insurance from their educational institution.
VI. CITY SERVICES
Upon receipt of the completed permit application or written request, the Office of Film &
Print will determine which City services will be required. The City will determine
minimum staffing levels appropriate for proposed film or print productions. The City
assumes no liability arising or resulting from the determinations of respective minimum
staffing levels or the requirements for any production. Because no two production
requests are the same, requirements may vary for each production. The following is a
general list of frequently required services. The Film & Print Office reserves the right to
require additional City Services and/or monetary deposits not listed below.
A. Use of Beach Patrol Headquarters and Lifeguard Stands
Approval of the Captain of Beach Patrol is required. Beach Patrol Headquarters must
notify the Office of Film & Print of their approval prior to the issuance of permit. Water
activities and/or stunts will require the presence of Off-Duty Miami Beach Patrol
lifeguard(s).
B. Use of the Convention Center I Theater of the Performing ArtsCitv Theaters and
re tal venues
Film permit applicants must contact the management of these facilities in order to obtain
approval and/or pay any applicable fees for the use of these facilities prior to a film/print
permit being issued. Parking arrangements must also be made with the management of
these facilities and the Parking Department for the use of non-metered parking for these
public venues.
C. Golf Courses
All permit applicants must contact the management of these facilities to obtain approval
and/or pay any applicable fees for the use of these facilities prior to any permits being
issued. Golf Courses are not included as part of the "City-Wide" permit.
D. Vehicles on the 8eachAuthorized Vehicle Access Passes
Vehicle Access Policv-Vehicles on the beach. in parks or other authorized area should only
be considered when absolutely necessary and may only be used for production
elements and not private vehicles. If necessary, whenever possible, All Terrain Vehicles
CATV's). all terrain gators, and/or golf carts should be utilized by productions.
Notwithstanding the above. certain productions taking place on the beach, in parks or
other authorized use areas may require vehicular access to such areas for the purposes
of loading-in and out of equipment for the event, and must be removed from such areas
immediately thereafter. There is a vehicle access fee of $150.00. per vehicle, per load-
in. A Vehicle Access Permit will be issued by the Film & Print Office and must be
displayed on the windshield of every vehicle on the beach or in such authorized areas.
For any beach access, all such vehicles must be escorted on and off the beach by either
FILM & PRINT REQUIREMENTS AND GUIDELINES 2004
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City of Miami Beach Police. Off-Duty Police or Ocean Rescue. All other authorized
access uses (i.e. in City parks) may require escort by City of Miami Beach Police. Off-
Duty Police . Ocean Rescue or other designated City employee(s). All vehicles will be
restricted to the location(s) listed on the permit.
All operating vehicles on the beach. park or other authorized use area shall follow the
procedures listed herein:
o Due care and caution will be utilized at all times while driving any vehicle on the
beach. park or other authorized use area.
o All vehicles on the beach. park or other authorized use area shall enter and
depart the area i:leaGR at the nearest access point to the call.
o Prior to entering the beach. park or other authorized use area. vehicle headlights
and overhead flashing lights (if equipped) or flashers will be turned on.
o Drivers must turn off radios and shall roll down both the passenger and driver's
side front windows of their vehicle while operating a vehicle on the beach. park or
other authorized use area.
o Maximum speed allowed on the beach. park or other authorized use area is 5
MPH.
o Vehicles, SUVs. and trucks are prohibited from driving on the soft sand where
hard pack sand exists.
o Vehicles, SUVs, and trucks shall stay west of the garbage cans on the hard
pack sand at all times.
o Do not drive over hills or berms (dunes) or near objects that may obstruct your
view.
o i"fYOu stop and exit your vehicle. walk completely around the vehicle prior to
reentering your vehicle and moving it.
o Traffic cones (orange. 18" high) must be placed at the front and rear of vehicles
when parked on the beach. park or other authorized use area.
o Use of a cellular phone or walkie talkies while the vehicle is in motion is
prohibited.
o Personal vehicles are prohibited on the beach, park or other authorized use area
at anvtime.
These procedures are to be complied with at all times by anyone operating a vehicle on
the beach. park or other authorized use area. Failure to comply with these procedures
may result in immediate revocation of the permit and termination of the event.
The applicant is re~uired te ebtain a Vehicle Beach Assess Perrnit (VBAP) frern the
Office ef Filrn & Print in additien te the regular f.ilrn/print perrnit. The day rate ef $1 aQ.QQ
per vehicle per day rnust be paid prier te the issuance ef any VBAP. Re~uest and
payrnent fer ·.•ehisle assess te the beach sheuld be received ne later than 24 heurs in
advance ef the produGtien date. The use ef Off Duty pelise is re~uired te essert
vehicles te and en the beach.
E. Helicopter landings and/or flights under 1000 feet
I A letter of authorization from the City Manager is required for any landings on Miami
Beach prior to the issuance of the film/print permit. A complete request package should
be received no later than four working days prior to the production date. As part of a
I helicopter low-flight/landing request, a production must apply for "Miami Beach Aerials"
on the Film & Print permit application and submit the following; proof of insurance from
FILM & PRINT REQUIREMENTS AND GUIDELINES 2004
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the company/helicopter owner, proof of pilot's license and certification for requested
activities in addition to authorization (low fly waiver) from FAA authorities.
F. Street I Lane Closures
A street or lane closure permit is required prior to the issuance of the film/print permit. A
street or lane closure permit is obtained from the Police Off-Duty Office and requires the
signature of both the from the Offices of the Chief of Police. Director of Public Works
and the City Manager. -The use of Off-Duty police is necessary. A stFeet-street or lane
closure permit request should be made no less than seven working days prior to the
production date and must include a Management of Traffic (MOT) plan from a Florida
Department of Traffic (FOOT) licensed provider. In addition, signed letters of
appro'lalsignature surveys must be obtained from a minimum of 80% (preferably 100%)
of the affected properties within the block, and/or business/residential associations in
the area, if applicable. Based on the location, the Office of Film & Print will identify
which entities are to be notified. All meters within closure must be reserved by
production.
G. Signage
Signage to direct cast/crew or any other production elements is not permitted and
should not be postedis permitted only by specific film permitted use and must be
removed immediately upon completion of permitted activity. Please use printed
directions and detailed maps to direct cast/crew to parking and production sites. Please
direct any further inEjuires about signage to the Film & Print Division prior to filming
Elates:-Costs incurred for any removal of left signage will be forwarded to the permittee
and must be satisfied before issuance of any further permitting.
H.l Traffic Interruption/ Driving Shots
All productions that require any amount of traffic interruption require prior approval.
I Traffic interruption for vehicles (both cars and boats) or pedestrians requires specific
information to be relayed to the Film & Print Office prior to approval. All traffic
interruption will be directly coordinated on-site by the Off-Duty officer in accordance with
the permit.
All requests for driving shots must apply for "Miami Beach Driving Shots" on the Film &
Print permit application. Driving Shots that require a process rig. car to car that
impedes the flow of traffic. car mounts or any traffic control require off-duty police
escort. Each road has specific restrictions and may require additional permit in
accordance with county or state law. Any driving shots on Ocean Drive may require
notice and/or approval of the Ocean Drive Association.
I. Parking
Most productions require some level of parking arrangements. When an applicant
requires on-street meter rentals or parking spaces in City parking lots/garages,
arrangements must be made with the City Parking Department, in conjunction with the
Office of Film & Print. Due to the high demand for parking spaces in the City of Miami
Beach, the Parking Department will only rent parking meters for vehicles essential to
production and/or to clear parking spaces for the production (no visible vehicles in the
FILM & PRINT REQUIREMENTS AND GUIDELINES 2004
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shot). All production vehicles must park in legally designated parking spaces and/or lots.
Vehicles parked in unauthorized areas (e.g., handicapped spaces, loading zones, fire
lanes, alleyways, lanes of traffic, unlicensed lots, residential zones, etc.) without official
authorization will be fined and/or removed. Loading zones are for expeditious loading
and unloading and can not exceed 30 minutes in time. Production vehicles are
prohibited from parking on Ocean Drive.
Requests for parking meters that have a direct impact on a business or residence may
be required to be accompanied by an letter ef sensent approved signature survey from
the affected business/property owner/ manager prior to the meter rental being
approved. Preeii:Jstien vehisles that park adjasent te private properties rni:Jst issi:Je prier
netif!isatien er ebtain appreval frern the bi:Jsinesstpreperty 9'Nner(s). The Film & Print
Office determines if (any) notification and/or approval from affected
businesses/residents is needed for meter rentals prior to the permit being issued. This
determination is made on a case-by-case basis.
Requests for production vehicle parking should be received by the Parking Department
no later than 48 hours prior to the production date and prior to 3:00 p.m. weekdays.
Reqi:Jests fer rneter rentals rnaele less than 24 hei:Jrs in advanse will be assessed a late
fee by the Parking Departrnent. Enforcement of reserved Mmeters are I:JSI:Jally bagged
requires 24 hours in ad 1<'anse in erder te previde si:J#isient netise te the
sernrni:Jnitynotification.
It is strengly SI:Jggested, and rnay be reqi:Jired ef serne predi:Jstiens, that erange safety
senes be plased aleng all tri:Jsks and eqi:Jiprnent parked en pi:Jblis streets/therei:Jghfares
te insrease pi:Jblis safety.
J. Parks I Recreational Facilities
The Parks Department and/or Park Supervisor must be contacted when the applicant
requires the rental or reserved use of a park facility (amphitheaters,
basketball/handball/tennis courts, baseball/football/soccer fields, pools, etc.). Approval
and/or payment of all applicable rental fees must be made prior to the issuance of the
any permit. Nerth Shere Open Spase Park reqi:Jires entranse andter f!ilrning fees, all
ether parks reqi:Jire seerelinatien with the ParkstResreatien Departrnent prier te any I:Jse
ef netable irnpast.:.
K. Production Deposits
I For some productions~ a refundable $2,500 deposit will be required for filming on public
property. This deposit is primarily for those productions that will be in one location for a
longer than usual time period, and with elements of the production left at the site over
several days. The deposit will be used to restore or clean any areas in need not
accommodated bt the production. The Film & Print office shall have discretion to
require the deposit and the value of the deposit. based on intended impact.
M. Off-Duty Fire I Fire Rescue I The Off D~;:~tySpecial Events Fire Coordinator must be contacted when the applicant
requests the use of fire, pyrotechnics, or will be performing stunts/activities (crashes,
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jumps, falls) that are considered life threatening or dangerous. or when a production
need to temporarily disable fire prevention devices in any facility. In such
instances, the use of QGff-.Q9uty Miami Beach Fire personnel is required.
N. Off-Duty Police I Off-.Q9uty police are required on any film production if the production personnel consist
of ten or more people, or any production in which the proposed activity is deemed by
the Film & Print Office or the Miami Beach Police Department to present a potential
hazard or inconvenience to the general public. Off-duty police officers are required for
all Authorized Access uses. street and lane reductions or closures or any activity that
could be mistaken as a public danger, inclusive of stunt work. fighting, use of weaponry
or bearing a likeness to a police officer.
The Police Off-Duty Coordinator determines the minimum number of off-duty police
personnel that will be required and is responsible for the collection of all related fees. I Requests for Off-.Q9uty police personnel should be received three business days prior
to the production date to ensure the request can be filled. I • Off-.Q9uty officers will be required for most residential neighborhood filming as
discussed in the Residential Neighborhood Filming section of these regulations.
Print productions completely contained on private residential property and not
including any large crews, outside set-ups or other impact elements, may be exempt
from obtaining an off-duty officer.
I • Off-.Q9uty pP.olice~ Officers first priority will be to address public safety related
activities, as well as providing security needs as they relate to the production.
I • Off-.Q9uty officers working on a production are empowered to ensure execution of
the pre-approved site plan. traffic plan and/or film permit. Officers may determine
on-site modifications to the permit when public safety is an issue. Any other
changes made on-site should be done in cooperation with officer(s) on-site and the
Film & Print Office.
• Permittees are encouraged to disclose foreseeable labor/management disputes and
other controversial issues as relative to their project as it may affect the City's ability
to provide police services.
• Applications Requests for QGff .Q9uty police must be received by the Off Duty
Qoffice a minimum of tAfee.-two business days prior to the date of requested service.
The Off Duty office may grant exceptions, anel print production may be e*emptbased
on their discretion.
• Any approved G#-off d9uty requested that is cancelled by the QGff .Q9uty employer,
must provide the Off Duty Qoffice with a minimum of twenty-four (24) hours notice of
the cancellation. Failure to provide twenty-four (24) hour notice will result in the QGff
.Q9uty employer being responsible for the four (4) hour minimum for each employee
scheduled plus the appropriate administrative charges.
0. SANITATION DEPARTMENT
The Office of Arts, Culture and Entertainment will contact the Sanitation Department
when the relocation or removal of dumpsters/trash receptacles are necessary and/or
when the proposed production activity interferes with regular trash collection. Please
note that any production that is found illegally dumping debris/trash will be fined. In
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addition, any production leaving debris/trash behind at any production location will be
billed for the time, labor and equipment used by the Sanitation Department to clean-up
the area.
VI. CITY WIDE PERMITS
"City WiEle" permit inoi~;~Eies the ~;~se of p~;~elio property (eeaoh, parks, siEI&.valks eto) anEI
e:Xteriors of the aeove listed faoilitiesMiami Beach "City-wide" permit allows for small
teams with minimal equipment (must be easily and quickly transported) to film on Miami
Beach streets, sidewalks. City beaches and parks that do not require rental fees.
assuming the production does not block pedestrian or vehicular traffic or impact private
business or concessionaire without specific coordination. Equipment allowed includes
camera. tripod. reflectors and battery operated lights. No generators or cabling allowed.
No reserved or authorized parking permitted. including vehicles on beach or parks.
"City-wide" does not include use of residential areas, which requires additional
coordination and permitting from the City of Miami Beach. HO'Never, Tthe "City-~Wide"
permit does not allow the permit holder to interfere with any scheduled activities at any
location. A representative of these venues can request that the permit holder stop all
production activity and vacate the area immediately and permit holder must promptly
comply. City Wide permits may be issued to print productions that are of a low-
impact/small scale, and film/TV productions also low impact/small in scale that do not
exceed ten people total.
VII. RESIDENTIAL NEIGHBORHOOD FILMING
Residential filming in Miami Beach, whether single family home or multi-residential
condo or apartment. requires a change of zoning from residential to commercial use via
a film permit. All such production activity. inclusive of filming. parking. set-dressing,
load in and load out in residential Miami Beach requires a film permit or shall ve a
zoning violation for the production company and homeowner. Productions desiring to
film in resiEientialresidentially zones facilities neighBorhoods are required to obtain a
permit. Detailed below are the standard logistical requirements for productions of all
sizes desiring to obtain permits in residential locations. No two productions are the
same, and the Film & Print Office may require productions to meet additional
requirements depending on the nature and scope of a production.
Productions that will require completed notification or signature forms are strongly
encouraged to begin the notification and process of obtaining signatures at least one
week in advance. Completed signature forms are due to the Film & Print Office no less
than 48 hours prior to start of production activity.:..
English and Spanish language signature and notification forms are available thro~;~gh
tAeon the Film & Print Office's website (www.filmiamibeach.com) and are mandatory for
use by production companies. These forms must be used by all productions, and shall
be reviewed and approved by the Film & Print Office before any distribution or signature
collection.
A. Notification Forms/Requirements:
• Notification to affected neighborhood(s) is required for residential location
FILM & PRINT REQUIREMENTS AND GUIDELINES 2004
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productions between the hours of7:00 a.m. and 10:00 p.m. weekdays and 8:00a.m.
and 10:00 p.m. weekends and holidays. *NOTE: Times denote from the start of load-
in and 'tail li§hts out'to the end of load out for all production_activity.
• Print produstions may be e*empt from this requirement after the Film Offise has
reviEW.'ed the permit request and as len§ as the astivity does not involve laf!i!e
numbers of srewf.talent, any parkin§ or equipment not losated solely on primarily
filmin!iJ property r.vithin the home's property), sonsiderable equipment, spesial effests
(e.!iJ., pyroteshniss, rainmakers, ets.) or astivity that will ha'Je a potentially si§nifisant
impast on a nei§hborhood. These prodi:IGtions wo1:1ld not be e*empt from obtainin§
a permit. The film offise m1:1st review all permit applisations '.'lithin residential
nei§hborhoods print, film or video.
• Mandatory notification to the affected neighborhood should occur no less than 48
hours prior to commencement of any residential filming activity, or arrival of any
production-related vehicles and/or personnel on site.
• Notification forms must be distributed to all affected areas in a neighborhood. For
purposes of the regulations, the affected neighborhood shall be determined by the
Offise of Arts, Cult1:1re and EntertainmentOffice of Film and Print. Notification must
be provided to residents within a minimum of 500 feet from any filming activity and/or
equipment parking. Some locations may require additional areas of notice.
• For production activity within a single-dwelling home, where multi-dwelling units are
affected, notifisation may be distributed to thea signature survey from the property
owner, manager, condo association board of directors or individual unit
owners/tenants should be provided~
• For production activity within a multi-dwelling unit, signature survey must be
provided te-from the property owner, manager or condo association board of
directors and/ or notification must be distributed to all individual unit owners/tenants
who are affected, as well as any affected surrounding properties.
• In certain instances, a production may be required to obtain signatures from the
impacted area during normal filming hours (see the Signature Forms section of
these guidelines).
B. Signature Forms/Requirements:
• Signature consent forms from affected neighborhood residents will be required for
residential location production activity between the hours of 1 0:00 p.m. and 7:00
a.m. weekdays and 10:00 p.m. and 8:00 a.m. weekends. *NOTE: Times denote
load-in and 'tail-lights out' for production activity.
• For residential location filming requests for extended hours between 10:00 p.m. and
1 :00 a.m., signature consent forms from 60% of affected neighborhood residents
must be obtained by production.
• For residential location filming requests for extended hours between 1 :00 a.m. and
7:00a.m., signature consent forms from 75% of affected neighborhood residents
must be obtained by production.
• Print or City-wide scaled productions may request exemption from this requirement
after the Film Office has reviewed the permit request and as long as the activity does
not involve large numbers of crew/talent, considerable equipment, special effects
(e.g., pyrotechnics, rainmakers, etc.) or activity which will have a potentially
significant impact on a neighborhood.
FILM & PRINT REQUIREMENTS AND GUIDELINES 2004
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• Signature approvals for residential location filming during normal hours will be
required in the case of exceptional filming activities (e.g., gunfire, bullet hits, fire
effects, explosions, car crashes, aerial filming, etc.), or high-impact productions
(e.g., large numbers of crew/talent and/or production vehicles/equipment present) as
determined by the Film & Print Office based on an assessment of impact to
surrounding neighborhood, and/or any situation in which the activities may present a
public safety concern.
• In any instance where a production proposes to film at a residential location in
excess of 14 consecutive days, regardless of filming activity, the production will be
required to obtain signature consent forms from 90% of affected neighborhood
residents.
• Any residential location that wishes to host in excess of 60 days of filming either
consecutively or within a 6 month period will require review by an Internal Review
Board assembled by the City Manager to review the request and set conditions for
approval. Requests for review must obtain the 90% signature approvals before
coming before the Internal Review Board.
I • A resiaent's signature, printea name ana aaaress are requirea en eash form.
• Original Ssignature forms must be submitted to the Film & Print Office before a
permit may be issued.
• Signature forms must be distributed to all impacted areas in a neighborhood.
Signature forms must be provided to residents within 500 feet from any filming
activity and/or equipment parking. Some locations may require additional areas of
notice.
• For production activity within a single-dwelling home, where multi-dwelling units are
affected, approval signatures will be accepted from the property owner, manager,
condo association board of directors or individual unit owners/tenants. Signature
sensent fermssurveys from individuals in multi-dwellings units must meet the same
minimum percentages as outlined above.
• For production activity within a multi-dwelling unit, approval signatures must be
obtained from all affected individual unit owners/tenants, as well as any affected
surrounding properties. Signature consent forms from individuals in multi-dwellings
units must meet the same minimum percentages as outlined above.
• A map created by the production company should be included with the original
signature ferm&.-surveys upon delivery to the Film & Print Office. This map should
clearly identify pertinent streets by name & block (i.e. 700 block) indicate all
addresses requiring signatures, and clearly show a site plan for production including
all essential equipment parking and any catering plans.
• At those addresses at which signatures are required, the map submitted to the Film
& Print Office should indicate: approvals, refusals, objections, and vacancies by
address. In the instance of a failure to obtain a signature at any given address,
applicant must document to the Film & Print Office as to the number of attempts at
making contact.
• Note: Production must inform all affected properties of any schedule changes made
after distribution of original notification/signature forms.
-At all times the Film & Print Office reserves the right to require the need for
Signature forms as a condition of the permit.
FILM & PRINT REQUIREMENTS AND GUIDELINES 2004
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In recognition that any production has the most impact on adjacent properties, the Film
& Print office will require a signature approval from those adjacent properties when a
production qualifies as an 'signature' level production. If one of the adjacent property
owners/tenants does not wish to consent, the production may request that the Film &
Print office activate the City's Internal Review Board to review the production's request.
The Internal Review board will have the authority to approve the production's request
after considering all circumstances including the opinion of the adjacent property owner.
C. Internal Review Board
For the purposes described above, an Internal Review Board composed of representatives
from the following City of Miami Beach departments will be convened; Police Department,
Code Compliance, City Manager's Office, Arts, C1.1lt1.1re & EntertainrnentOffice of Film &
Print, and the Parking Department. Other City Departments will be brought into the Internal
Review process as determined based on the scope & impact of a particular project (Parks
and Recreation, Beach Patrol, Building Department etc.). A Board Member from the
Production Industry Council will also be included on the Internal Review Board.
When the activation of an Internal Review Board is required, the Film & Print office shall
organize the meeting. Recognizing the often-short timeline productions must work
within; all efforts will be made to ensure that process is completed quickly and with full
representation of all parties involved.
Please Note I • The Office of Arts, C~;~lt~;~re and EntertainrnentFilm & Print may determine that some
locations require additional areas of notification.
• Production may elect to attach an additional letter with further information relating to
the shoot at their discretion.
D. Residential Parking
• Production vehicles arriving on location in or near a residential neighborhood shall
not enter the area before the time stipulated in the permit, and notification/signature
forms, and must park in approved areas one by one, turning off engines as soon as
possible.
• Residential productions may only arrange for immediate location parking of essential
production equipment. The parking of private cast/crew vehicles on public streets is
prohibited at all times. In all instances, arrangements should be made by the
production company to legally park cast/crew vehicles on private property, legally
available spaces or shuttle personnel to set. Use of City-owned swale (area abutting
the street) is prohibited.
• All production vehicles on location must have a window placard on dashboard
identifying the production company and/or project name.
Several areas in Miami Beach are restricted to Residential Permit parking only,
Monday through Friday s·oo p.m. through 7:00 a.m. and 24 hours Saturday and
Sunday. Productions in these areas must make arrangements with the Police and
FILM & PRINT REQUIREMENTS AND GUIDELINES 2004
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Parking Departments to demarcate and secure the necessary sites.
• +------
l<'ri&lay 6:QQ p.m. tl:lrewgl:l 7:QQ a.m., aRe 24 l:lewrs l!Jatwrday aRiil SwRiilay.
PredwstieR& iR tl:lese areas mwst mal<& arraRgemeRt& witl:l tl:le Pelise aRd PaFidRg
QepartmeRts te demarsate aRe seewre the Reees&aF)' sites.
E. CODE OF CONDUCT
The City of Miami Beach Code of Conduct for Film & Print Productions must be
distributed with all notification or signature approval forms, and crew should also be
copied and made aware of the Code of Conduct.
VIII. MORATORIA
The City Manager or his designee has sole discretion to place a temporary moratorium
on locations and neighborhoods that have experienced 'burn-out' as a result of previous
high volume or large impact filming.
IX. ENFORCEMENT I -Permits shall be maintained at the site on which the photography or filming occurs.
Permits shall be presented on the request of any police officer or code compliance
officer.
• fersons engaged in a Film & Prinl withQut a 12ermit. or otherwise in violation of the+..;~,----
quidelines herein, shall be subject to enforcement by Cin£ eolice or Code Compliance_ ''-:·-
officers. through the issuance of immediate cease and desist orders. the violation of which \ ',,
may subject the offender to the following immediate fines and/or partial or full default of \
securiW deposit: \
" For the first offense within a 12 month period a fine of $500:
• For the second offense within a 12 month period a fine of $1.500: and
• For the third offense within a 12 month period and subsequent offenses a
fine of $3.000.
Enforcement may include arrest for violation of Section 12-5 of the CiW Code. and/or
enforcement as provided for in section 1-14 of this Code. and/or notices of violation
referred to Special Masters, who have authoriW to issue fines or enforce compliance. as
provided for in Chapter 30 of the CiW Code. Police or Code Compliance officers will
coordinate enforcement with the Department of Tourism and Cultural Development. As
an alternate and supplemental remedy. the City may enforce these Guidelines by
injunctive relief in any court of competent jurisdiction and. in such circumstances the CiW
shall be entitled to recover its reasonable attorneys' fees and costs
Violations of a Film & Print Permit
An issued Film & Print permit will have terms and conditions intended to be followed by
the producer and/or permittee. unless specific arrangements are made only by the CiW
Manager or his/her designee. in writing. after the event permit is issued. Should such
conditions and/or arrangements be disregarded by the producer and/or permittee. his or
her vendors or participants. whether witnessed by CiW personnel or established by
photographic or other evidence or testimony afterwards, the producer and/or permittee
would be in violation of the Film & Print permit and be subject to enforcement
proceedings as provided by CiW Code and/or these guidelines.
FILM & PRINT REQUIREMENTS AND GUIDELINES 2004
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With the exception of violations for which no correction is possible (e.g. noise violation.
production without a required permit. etc.). if the violation is observed by City staff during
the active production. the Film & Print producer/permittee will be given a time-certain
opportunity (30 minutes or other time period as specified by the City Manager or
designee) to correct the violation. Notwithstanding. the City retains discretion to proceed
directly to the issuance of a notice of violation if the violation is egregious and/or violates
conditions expressly provided for in the permit. or if a prior verbal warning for a violation
of the Film & Print Permit has already been provided. Multiple violations shall be
treated as one instance when simultaneously observed. Examples of Film & Printpermit
violations may include. but are not limited to the following. unless specified by the
special event permit: violation of the noise ordinance: unauthorized use of public space:
use of unpermitted structures. generators or production elements: improper utilization of
the Vehicle Access Pass policy: violation of Florida Department of Environmental
Protection CDEPl. Miami-Dade Environmental Resource Management (DERM) or Florida
Department of Transportation (FOOT) conditions: unauthorized use of branding.
promotional activities or sampling: damaging public property without prior approval: or
inability to effect proper sanitation plan. Any event that takes place without a Film & Print
permit cannot by its nature be corrected and must be cited and shut down immediately.
The City may issue a verbal warning for first time violations in lieu of a first offense fine.
Such fines are in addition to and separate from any violations issued by the City for
noncompliance with other sections of the City Code. Enforcement of the above shall be
subject to appeal to the Special Master. The City reserves its rights to pursue alternate
enforcement proceedings and penalties as provided for and allowed by law.
The following penalties shall be imposed in addition to any fines for violations specified
above or of Section 12-5 of the City Code:
• If the offense is the fourth offense within the preceding 12 month period of time.
in addition to the fine. the property and/or Film & Print producer and/or permittee
will be restricted from receiving a Film & Print permit for a three (3) month period
of time.
" If the offense is the fifth offense within six (6) months following the fourth offense.
in addition to any fine. the property and/or Film & Print producer or and/or
permittee will be restricted from receiving a Film & Print permit for an additional
six (6) months period of time. Furthermore. the property and/or the Film & Print
producer and/or permittee are considered to be a habitual offender.
" Notwithstanding the above. for repeat and/or habitual offenders. the City
Manager may decline to issue future Film & Print permits to such person or entity
for one year. or such other period as the City Manager deems appropriate.
Each violation shall constitute a separate offense for which a separate fine shall be
imposed.
An offense shall be deemed to have occurred on the date the violation occurred.
Restrictions imposed pursuant to this section shall be imposed by City Administration
after finding an offense warranting suspension or restriction has occurred.
• Persons engageEI in film anEI 101rint activities •Nithout a permit, or otherwise in violation
of a permit, shall ee suBject to enforcement ey City police or coEie compliance
FILM & PRINT REQUIREMENTS AND GUIDELINES 2004
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offisers, through the issuanse of immediate sease and desist orders, the violation of
whish may subjest the offender to arrest, and/or enforsement as provided for in
sestion 1 14 of this Code, and/or notises of violation referred to Spesial Masters,
who have authority to issue fines or enforse somplianse, as pro•1ided for in Chapter
30 of this Code. Polise or sode somplianse offisers •~o•ill soordinate enforsement with
the Offise of Arts, Culture & Entertainment. As an alternate and supplemental
remedy, the City may enforse this ordinanse by injunstive relief in any sourt of
sompetent jurisdistion, and in sush sirsumstanse the City shall be entitled to reso•1er
its reasonable attorneys' fees and sosts. For repeat offenders, the Manager or
designee may desline to issue permits to sush person or entity for one year, or sush
other period as the Manager deems appropriate.
IX. MISCELLANEOUS
• Cast/crew may not trespass onto other neighbor's or merchant's property. All
personnel should remain within the boundaries of the property that has been
permitted for filming.
• Residents should never be prevented from accessing their street, driveway or home
as a result of film production except for brief periods when scenes are being shot.
• Production shall make every effort to maintain minimal noise levels at all times. In
the performance of the filming activity, vehicle engines and generators shall be
turned off as soon as possible, crew shall refrain from unnecessary shouting and
production radio volumes shall be conducive to effecting communication without
being obtrusive to the surrounding neighborhood. If complaints of excessive noise
levels occur, a representative of the production company shall attempt to identify,
correct and/or modify the noise source.
• Removing, trimming and/or cutting of vegetation or trees are prohibited unless
approved by the Film & Print Office and/or property o>.vnerand coordinated with City
Parks Department. In most instances. a County and or State DEP tree trimming or
removal permit will be required.
• Productions may not impede normal residential services such as garbage collection
and street cleaning without securing prior City approval.
• At no time may production disrupt regular mail service.
• Arrangements for the removal of production-generated refuse are the sole
responsibility of the production.
• When blockage of pedestrian right of way is anticipated, productions must submit a
site plan to the Office of Film & Print Arts, Culture and Entertainment for approval.
• ADA complaint Cgrossovers and/or non slip rubber matting must be used to safely
cover all cables placed on streets and sidewalks.
• When filming occurs where pedestrians who are not associated with the production
will be present, produstion representativesproper wayfinding signage must be
provided by the production company and Off-duty officers shall be stationed
throughout the set in order to direct pedestrians politely and safely through or around
set.
• Catering may only occur in pre-approved areas, and may not present any safety
hazard or public nuisance.
• All smoking refuse must be properly disposed of in marked 'butt-cans' or other
FILM & PRINT REQUIREMENTS AND GUIDELINES 2004
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specifically designated receptacles.
• Cast/crew may not bring pets to location, unless part of the production. and noted on
the permit.
• Signs utilized for the direction of cast/crew must be hbln!iJ 'Nith plastic wrap (i.e.,
yellow "cabltion" tape) string or plastic ooateel wireidentified by location in advance
and removed immediately upon completion of permitted use. Signs that are not
removed promptly after production may be subject to a fine.
I • The Office of Arts, Cblltblre anel Entertainment may reqblire oast/cre•N to •Near
identification bael!iJes •Nhen on location.
X. REVISIONS
Revisions to these Film and Print Regulations proposed by Administration may be
approved by the City Manager. City Manager may determine that the nature of a
revision(s) is such that Mayor and Commission approval will be needed, in the form of a
resolution.
XI. COMMUNITY
Miami Beach is proud of its community's spirit of giving and cooperation. We invite
production companies who film in Miami Beach to contribute leftover food and
expendables to local non-profit groups needing assistance. For a list of non-profit
groups, please contact the Film & Print Office. We appreciate any efforts you make to
assist our community in better understanding the production process. The Film & Print
Office will assist in facilitating appointments for members of your cast or crew to talk to
students in local schools and meet with members of our community.
The City of Miami Beach is undergoing an extensive effort to improve quality of life in
our residential neighborhoods. Productions are encouraged to consider assisting in
these neighborhood initiatives. If a production is capable of making lasting contributions
to the community, the City would be happy to help facilitate these efforts.
XII. OTHER GOVERNMENT AGENCIES
A. Miami-Dade County Beach Maintenance
Miami-Dade County Beach Maintenance must be contacted when the applicant requires
the beach to be raked and cleaned prior to the regular scheduled maintenance or when
the applicant's presence on the beach may interfere with the regular scheduled
maintenance. (Beach Maintenance: 305/868-7075)
B. Florida Department of Transportation
Contacted when the applicant will be filming on State roadways (MacArthur Causeway,
Aurthur Godfrey Road, Julia Tuttle Causeway, Alton Road, Fifth Street, Collins Avenue
north of 51h Street, Indian Creek Drive) that are within the City's boundaries but are
under the jurisdiction of the State. If the applicant will be interfering with the normal flow
of vehicular traffic on these roadways, a State permit must be obtained in addition to the
City's permit and the use of City of Miami Beach Police Off-Duty personnel is
mandatory. (FOOT: 305/470-5368)
FILM & PRINT REQUIREMENTS AND GUIDELINES 2004
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C. Miami Dade County Turtle Program
It is turtle nesting season each year April through October and activities on the beach
may be subject to additional conditions. (For more information, please contact Bill
Ahern or Jim Hoover at Haulover Beach Park, 305/947-3525).
XIII. ASSOCIATIONS & PROPERTY OWNERS
A. Mercantile Associations
Contacted when the applicant requires the use of any portion of a city block in such a
manner that may interfere with daily business operations and/or pedestrian/vehicular
rights-of-way.
B. Individual/Commercial Property Owners
Contacted when the applicant requests the use of public property (e.g., sidewalk, curb,
loading zone, parking meter, alleyway, park area, median, roadway, etc.) directly in
front, behind, across or next to a specific parcel of non-public property and/or when the
individual/commercial property will appear in the production. When an
individual/commercial property will appear prominently in any production, written
approval from the property may be required before a permit is issued.
Confirmation from these departments, associations and property owners must be
obtained by the applicant. All confirmations and/or additionally required permits will be
verified by the Film & Print Office prior to the issuance of any permit.
XIV. SUMMARY
Because no two requests are the same (due to the creative nature of the entertainment
industry) it may be necessary to impose additional requirements. The best guideline is
courtesy to the Miami Beach community. Proper planning and notification is the key to
any successful production. No matter the size of the production, all parties are
encouraged to contact the Film & Print Office as soon as they know about any projects
scheduled in the City of Miami Beach.
FILM & PRINT REQUIREMENTS AND GUIDELINES 2004
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MIAMI BEACH
FILM & PRINT DIVISION
PRODUCTION INCENTIVES PROGRAM
The Film & Print Division of Miami Beach offers the following incentives to productions
shooting in Miami Beach. To take advantage of this program productions can contact
us by phone: 305/673-7070, by email: film@miamibeachfl.gov, or visit the website at
www.filmiamibeach.com. We encourage any production wishing to take advantage of
these incentives to contact to the City's Film & Print Division as far ahead of the
production date as possible.
fiLM, VIDEO AND PHOTO PRODUCTION INCENTIVE
This program is available to all permitted productions:
• A free permit option is available to all users.
• One free vehicle beach access pass per day
(an off-duty Miami Beach police officer is required to be on site with any
production brining vehicles on to the beach)
• Waiver of all administrative fees related to the hiring of police off-duty officers for
film, video and photo productions.
No-cost Convention Center Parking
When not in use for a convention or other City event, the Convention Center Parking Lot
can be made available to productions for no-cost crew parking or base camps. This
must be arranged prior to the production start date .
.,.. NOTE: Consideration for neighboring residents and businesses would be
paramount in permitting the use of this Lot. Guidelines established for
Residential Filming would be applied to Convention Center parking requests
and will address hours of operation and any aspects of the production that
may have an impact on the surrounding residents. These guidelines require
a percentage of affirmative "sign-offs" from affected neighbors for parking
requests which exceed "normal" hours of operation and specifically address
residential concerns in respect to productions.
Beach Access
• During the months of June through October, vehicle beach access passes
(above an beyond the one free each day) shall be reduced by 50% to
$75.00 (per vehicle/per day).
• Productions which demonstrate no less than 1 00 Miami Beach hotel room
nights (via manifest or letter from property) may receive ten vehicle beach
access passes for free with any additional passes issued at the reduced
rate of$75.
Scouting Permits
Temporary scouting permits are available on a per project basis at the direction of the
Film & Print Division. The permit will allow cars to park at legal metered parking at no
cost and within all residential zones. It also allows a maximum of 20 minute parking in
FILM & PRINT REQUIREMENTS AND GUIDELINES 2004
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128
(marked) loading zones. Scouting permits are limited in time (typically not for more than
one day), and are $25 per day.
Production Company Mobile Unit (PCRV) Permit
A PCRV pass allows production units (RVs) to park in metered spaces without "feeding"
the meters while there. This applies to legal parking spaces only and does not apply to
Residential Parking Zones. The PCRV pass is available for $50 per month/per vehicle.
F:\INFO\$ALL\Graham\Original documents\2011 F&P GUIDELINES.docxl':liRfel$t\!,b\GfahBH!\0RgiRel aeeumeftls\21>1>1 F&P
GUIDEbiNES.aee
FILM & PRINT REQUIREMENTS AND GUIDEliNES 2004
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130
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION "·[ l '~ r" n ! ·; :. [. 1 ,, ,I\ l-.·: 1:: :MEMORANDUM
'.,_ j'
TO: Jorge Gonzalez, City Manager-----------·-
FROM: Jerry Libbin, Commissioner
DATE: March 9, 2012
SUBJECT: Referral to Neighborhood / Community Affairs Committee
Please place on the March 21, 2012 Commission meeting a referral to the
Neighborhood/ Community Affairs Committee; a resolution establishing and designating
Tobacco-Free Zones in all. city parks and outdoor recreational facilities.
Please see attached resolution and sign sample and contact my office at ext. 7106 if you
have any questions.
Attachments
JL/er
Agenda Item C t; G-vvc ore (•)ITIIIIIiic·d ''' pr!!vrdrng cxccllconf publrc servrco on,/ soldy I!! ull who lrvo. wort ond ploy 111 our'
Date J'-;)1-12-
131
RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING AND
DESIGNATING TOBACCO-FREE ZONES IN ALL CITY PARKS
AND OUTDOOR RECREATIONAL FACILITIES.
DR FT
WHEREAS, a fundamental purpose of municipal government is to promote, protect, and
improve the health, safety, and general welfare of its citizens and visitors; and
WHEREAS, in consideration and advancement of such purpose, the City of Miami
Beach provides recreational and leisure facilities and programs for children and adults
throughout the City that help to promote good health, wellness, and enhanced quality of life
opportunities for its citizens and visitors; and
WHEREAS, according to the National Cancer Institute, tobacco use is the leading cause
of preventable death and illness in the United States and causes an estimated 443,000 deaths
each year from lung cancer, heart disease, respiratory illness, and other diseases related to
tobacco use, including 49,400 deaths due to exposure to secondhand smoke; and
WHEREAS, the United States Environmental Protection Agency has determined
secondhand smoke to be a risk to the public health, and has classified secondhand smoke as a
group A carcinogen that puts our children in danger of proven health risks, including respiratory
diseases, asthma, and ear infections; and
WHEREAS, according to the Centers for Disease Control and Prevention, 3,000 youth
become regular smokers each day, and more than 80% of smokers began smoking before the
age of 18; and
WHEREAS, chewing tobacco, snuff or dip, including flavored products marketed to
youth, are tobacco products that cause cancers of the mouth, gums, tongue, and throat and the
spittle resulting from use of such products expelled onto the ground, picnic and recreational
seating areas, and other contact surfaces creates potential exposure to such products; and
WHEREAS, tobacco use in and around recreational and leisure activities and facilities
sends a contradictory message to the same young people who are encouraged to participate in
recreational and leisure activities that are beneficial to their health and wellness; and
WHEREAS, in addition, improperly discarded cigarette and cigar butts contribute to litter
and offensive pollution of our City as well as create potential choking and other health dangers
for young children, pets, and wildlife; and
WHEREAS, in light of all the foregoing, the Mayor and City Commission of the City of
Miami Beach find that the establishment of tobacco-free zones, with appropriate signage, at all
City parks and outdoor recreation facilities is in the public interest and will promote, protect, and
improve the health, safety, and general welfare of the City's citizens and visitors who use the
City's parks and outdoor recreational and leisure facilities and programs.
132
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
Section 1. Establishment of Tobacco-Free Zones.
All City of Miami Beach parks and outdoor recreation facilities are hereby designated as
tobacco-free zones. Establishment of these zones is intended only to discourage tobacco use
in such areas and shall not be deemed as establishing a park rule or ordinance subject to code
enforcement.
Section 2. Installation of Signs and-Receptacles.
The City Manager is authorized to cause the installation of appropriate signs at all City of
Miami Beach parks and outdoor recreation facilities designating such areas as tobacco-free
zones. Such signs and their location shall be as found appropriate by the City Manager or the·
City Manager's designee. Such signs may be provided by grants or tobacco-free zone
sponsors at no cost to the City except for the cost of installation by the City.
PASSED AND ADOPTED this ____ day of _____ , 2012.
ATTEST:
Mayor Matti Herrera Bower
City Clerk Robert Parcher
F:\A TTO\TURN\RESOS\Tobacco Free Zones.docx
133
m 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 yfJ
March 21,2012 u L/
REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE -A
DISCUSSION REGARDING A RENEWAL OF THE CURRENT
MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND
THE MIAMI BEACH GARDEN CONSERVANCY FOR THE MANAGEMENT
AND OPERATION OF THE BOTANICAL GARDEN; AS WELL AS A
PROPOSAL TO INCREASE THE RENTAL RATES FOR USE OF THE
FACILITY.
ADMINISTRATION RECOMMENDATION
Refer the matter to the Finance and Citywide Projects Committee for discussion.
BACKGROUND
On January 17, 2007, the Mayor and City Commission approved a Management Agreement
with the Miami Beach Garden Conservancy for the operation of the Botanical Garden, with an
initial term of five (5) years, commencing on July 1, 2007 and ending on June 30, 2012. Since
the Agreement contains a renewal option for an additional five (5) years, the Conservancy is
asking the City to approve the extension to its Agreement.
The Conservancy is also proposing to increase the rental rates for use of the facilities at the
Botanical Garden, which also requires the City's approval.
CONCLUSION
The Administration recommends that the Mayor and the City Commission refer the matter to the
Fin_::&, Citywide Projects Committee for discussion and further direction.
JMG~/KO~
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~ MIAMI BEACH -
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Ed Tobin, Commissioner
DATE: March 12, 2012
SUBJECT: Referral to Neighborhood/Community Affairs Committee for March 21st
Commission Meeting
Please place on the March 21st Commission Meeting Agenda a referral to
Neighborhood/Community Affairs Committee to discuss mass transit connectivity within
Miami Beach and with Miami-Dade County.
If you have any questions please contact, Dessiree Kane at Extension 6274
ET/dk
We are committed to providing excellent public service and safery to all who liVe, work, and play in our
137
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Date 5-.:2/-/Z-
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~ MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Edward L. Tobin, Commissioner
DATE: March 12, 2012
SUBJECT: Referral to Neighborhood/Community Affairs Committee for March 21st
Commission Meeting
Please place on the March 21st Commission Meeting Agenda a referral to Neighborhood/
Community Affairs Committee regarding prohibition of cat feeding in Miami Beach city
parks.
If you have any questions please contact, Dessiree Kane at Extension 6274
ET/dk
We ore committed to providing excellent public service and saleiy to all who live, work, and play in our lA Agenda ltem __ C.-lf~U __
Date__,;;3;.....-~e).:.-'l-_._l.-2. ......
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~ MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
Jorge Gonzalez, City Manager ~
Michael Gongora, Commissioner 't>(
March 13, 2012
SUBJECT: Referral Item for March 21 Commission Meeting
MEMORANDUM
Please place on the March 21 Commission meeting consent agenda a referral to the
March 28 Land Use Committee for discussion concerning the Terminal Island Traffic
Study and Circulation Study. Traffic has been congested in this area and this referral is
to discuss proposed solutions. If you have any questions please feel free to contact my
aide Diana Fontani at ext 6087.
MG/df
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& MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Matti Herrera Bower, Mayor M~ ~ ~~
DATE: March 13, 2012
SUBJECT: Consent Agenda Item: Referral to Finance Committee
Please place on the March 21, 2012 Commission meeting agenda a referral to the
Finance Committee of a discussion regarding a recommendation by the GLBT
Committee to address the issue of the benefits tax inequality for City employees with
registered domestic partners versus legally married spouses.
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 are commilled to providing excellent public service ond safely to o/1 who live, work, ond play in our'
Agenda Item Ct;L
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MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge Gonzalez, City Manager
FROM: Michael Gongora, Commissioner
DATE: March 13, 2012.
SUBJECT: Referral Item for March 21 Commission Meeting
Please place on the March 21 Commission meeting consent agenda a referral to
the March 28 Land Use Committee for a discussion on ways to enhance the land
use boards of Miami Beach in order to improve the City of Miami Beach Building
and Planning Department and processes. If you have any questions please feel
free to contact my aide Diana Fontani at ext 6087.
MG/df
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Date 3-J.I-IL
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I
---1
I
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Matti Herrera Bower, Mayor ({..w ~vA-~6
DATE: March 14, 2012
SUBJECT: Consent Agenda Item: Referral to Land Use Committee
Please place on the March 21, 2012 Commission meeting agenda a referral to the
Land Use Committee of a discussion regarding the possibility of restricting
destination restaurants in the South of Fifth neighborhood, as suggested by
members of the South of Fifth Neighborhood Association.
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
\1\fe are cotwllillo::d lo pwvidi11g excefft,.l public SiStvice ""'_/ soful)' /o n// w/.n live. wotk. o11d ploy ii1 our ~
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C6
COMMISSION COMMITTEE REPORTS
149
(")
en
(9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
To:
From:
Date:
COMMITTEE MEMORANDUM
Mayor Matti Herrera Bower and M.em(Obers of the City Commission
Jorge M. Gonzalez, City Manager:
March 21, 2012 ~
Subject: REVISED: REPORT OF THE CAUAL IMPROVEMENT PROJECTS OVERSIGHT
COMMITTEE MEETING OF DECEMBER 12,2011
The meeting was called to order at 5:41p.m.
Please note: These minutes are not a full transcript of the meeting.
Full audio and visual record of this meeting available online on the City's website:
http:// www.miamibeachfl.gov/video/video.asp
1. ATTENDANCE
See attendance sheet copy attached.
2. REVIEW AND ACCEPTANCE OF MINUTES 5:42p.m.
Report of the Capital Improvement Oversight Committee Meeting of December 12, 2011
*Note: Dwight Kraai commended staff for catching a defect in the cost analysis for the
AMERESCO project (Original cost savings analysis used total cost as opposed to variable cost.
This was discovered by staff.) CIPOC members asked that this recognition be reflected in the
minutes.
Additional discussion went to financial analysis of other City projects. This is a broader discussion
outside the purview of CIPOC. Mr. Kraai will inquire further with City Administration.
Additional revisions were requested and will be reflected on the minutes posted on the City's web
site. Printed copies of revisions, as requested will be provided to CIPOC members.
MOTION: Acceptance of Minutes of the December 12, 2011 CIPOC Meeting.
MOVED: T. Trujillo 2"d: S. Kilroy
PASSED: Unanimous-WITH REVISIONS (corrected minutes posted on the website)
STAFF ACTION: Investigate if funding and energy savings from the proposed AMERESCO
project would pay or have paid for the loan. (Should be brought to Finance and Citywide projects
Committee-D. Ballantyne to handle)
STAFF ACTION: Provide printed copies of revised meeting minutes.
3. APPROVAL OF 2012 MEETING DATES 5:49p.m.
The proposed schedule for 2012 CIPOC Meetings was approved, but CIPOC reserves the right to
cancel meetings if no items are going to Commission in a particular month or if no specific items
are called for the meeting. This will be decided on a month-to-month basis.
MOTION: Accept 2012 CIPOC meeting dates as presented in the agenda packet
MOVED: T. Trujillo 2nd: D. Kraai
PASSED: Unanimous
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CIPOC MEETING MINUTES, December 12, 2011
Page2of6
4. ACCOMPLISHMENTS 5:54 p.m.
a. Approval of funding for CIP's new website
Maria Palacios, Public Information Specialist, explained that a contract should be finalized
by January for Vision Internet, a company that specializes in government web sites, to
create and upload the customized CIP web site. The web site is expected to be online by
summer 2012.
b. New trees on Alton Road
Landscaping on Alton Road from South Pointe Drive to 4 Street is underway, new live oak
trees have been installed. 4 Street to 5 Street will follow.
c. Sunset Harbor garage structure progress
Contractor topped off the building with the completion of the fifth floor. Final completion of
the entire project is expected in summer 2012.
Stacy Kilroy asked on behalf of the Sunset Harbor neighborhood that the residents hold a
special meeting with the City to learn about future plans for the area. Saul Gross pointed
out that this would be a meeting for the Neighborhoods Committee or perhaps through the
Planning Department.
5. PUBLIC COMMENTS
No one came forward with any concerns under public comments.
6. OLD BUSINESS I REQUESTED REPORTS
STAFF ACTION: Provide within the printed status reports highlighted areas that show any
changes, progress or issues since the printing of the last report.
Status Report: Normandy Isle 6:05 p.m.
Mattie Reyes, Senior Capital Project Coordinator, explained that the lighting at Marseilles Drive is
to begin within two weeks of the CIPOC meeting. Crosswalk pavers are also to be installed on
Normandy Drive, pending one more signature.
Status Report: Sunset Island I & II 6:07 p.m.
Maria Hernandez, Senior Capital Project Coordinator, stated that the City came to an agreement
with the contractor, the City held a Community Pre-construction meeting, and the pre-construction
conference with the contractor in order to issue NTP2. Encroachment letters are being sent out to
the residents, followed by a second letter, sent via certified mail, that gives a 30-day window for
removal, or the contractor will do the removal at no cost to the resident. Most of the resident
inquiries are not protests of the encroachments, but questions about exactly what gets removed
and how far toward the property lines. Construction is to commence January 11, 2012.
Elizabeth Camargo asked that residents be provided with a schedule and a phasing plan.
STAFF ACTION: Provide schedule and phasing information to the Sunset Island I & II residents.
Status Report: Sunset Island II/ & IV 6:11 p.m.
Mattie Reyes, Senior Capital Project Coordinator said that an evaluation committee
recommended the selection of Corzo, Castella, Carballo, Thompson, Salman, PA as the Design
Criteria Professional for this project. The City Manager exercised due diligence and
recommended entering into negotiations with the top-ranked firm. The second ranked firm is
Calvin Giordano and Associates; the third-ranked firm is Atkins, Inc. Should negotiations with the
first firm not be successful, staff is authorized to negotiate then with the second-ranked proposer,
followed by the third should negotiations not be successful.
Once negotiations are complete, staff will return to the Commission for approval of the Design
Criteria fee.
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CIPOC MEETING MINUTES, December 12, 2011
Page 3 of6
William Goldsmith, 1820 West 25 Street, commented that he attended the evaluation meetings,
acting as an unpaid consultant for the HOA of the Sunset Island Ill & IV neighborhoods. He stated
that care was taken by staff to make sure that representations that were made by the proposers
at the meetings were included in the language of the documents prepared by Procurement. The
residents of Sunset Islands Ill & IV would like to see some additional items included in the
eventual contract documents. He also stated that so far the allocated budget is adequate.
Terry Beinstock, the HOA President stated that two budgetary issues relevant to Sunset Islands
Ill & IV were placed on the Finance and Citywide Projects Committee agenda: pertaining to the
traffic roundabout at the entrance and a section of the sidewalk. Both items were not included in
the original budget. The traffic roundabout is a requirement of the county.
Status Report: Lower North Bav Road 6:21 p.m.
Maria Hernandez told the Committee that a pre-construction conference was held on December
5with the contractor. Staff is awaiting a final schedule from the contractor (TransFiorida). The
project will begin in early January. In this particular project, the contractor will install both the
water lines and the stormwater components at the same time, which is not common practice.
Status Report: Par3 Golf Course (Commission Item) 6:24 p.m.
Bert Cabanas reported that administration is recommending to Commission that the City enter
into an agreement with QGS Development as the Construction Manager at Risk Firm for pre-
construction services in the amount of $37,500. Pre-construction services include design review,
constructability review and value engineering of the 1 00% construction documents, review of
conditions, scheduling, cost estimating and cost controls, certain licensing and pre-construction
landscaping preparations. Most important, the firm will submit their estimate for a Guaranteed
Maximum Price (GMP) for construction. Over six months the City and the firm will negotiate this
GMP. Approval of the GMP amendment is expected to go before Commission in July of 2012. If
the schedule stays on course, the notice to proceed will be issued in August 2012, and the project
completed by the summer of 2013.
Mr. Gross led a discussion about applying the $37,500 for pre-construction services to the
contractor's fee. There are many checks in place along the way toward obtaining a satisfactory
GMP. For example, the consultant must keep the City informed of current market conditions and
pricing trends. All bids from sub-contractors are done as "open-book" bidding. Christina Cuervo
noted that this contractor self-performs the majority of the work. The subs will handle installation
of the tot-lot, tennis courts and splash pad components.
MOTION: Recommend approval by the Mayor and City Commission to enter into pre-construction
services agreement with QGS Development, Inc. for the Par3 Golf Course project.
MOVED: C. Cuervo 2nd: S. Kilroy
PASSED: Unanimous (With provisos of recommendations to include peer review by a contracting
firm with golf course experience and to negotiate the pre-construction services fee to be applied
toward construction.
STAFF ACTION: Staff to advise Commission of CIPOC recommendation to retain a cost
consultant once the City negotiates the GMP for the Par3 Golf Course project, by a professional
firm that has experience building golf courses.
STAFF ACTION: Inform Commission that CIPOC recommended Negotiating all or a portion of the
pre-construction services fee to be applied against the construction contract.
Note: Information about this discussion was transmitted to the Commission agenda in the
supplemental packet.
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Attachment B -Action Item #2 (Water Meter Relocation Coordination) 6:34 p.m.
Maria Hernandez described the procedure as presented in the agenda packet, stating that what
was presented is how the procedure is carried out within a CIP project. An established Public
Works policy exists. Details are included within the December 12, 2011 CIPOC agenda packet.
Letters are going out to property owners in Sunset I & II and in the Bayshore neighborhoods, with
a return form allowing the contractors to enter private property. The resident is responsible for the
lateral once it is installed, but there is a warranty period of one year.
STAFF ACTION: Include information about the warranty period in the letter that goes out to
residents about the water meter relocations.
Mike Alvarez, Infrastructure Director from Public Works, presented information about a new pilot
program that is being rolled out on LaGorce Island with automated meter-reading units.
Approximately one-third of the meters on LaGorce Island are equipped with this item. This
program uses a hand-held device that records information as staff drives near the vicinity of the
meter.
Eleanor Carney advised Mr. Alvarez that she had heard from other cities that they had eventual
difficulties with the battery packs and asked that Miami Beach be aware of the battery life
limitations.
Stacy Kilroy related that she had heard positive feedback from other municipalities that use
similar devices. Meter readers need not go into private property with this program.
Because this technology may result the same outcome as relocating water meters to the front of
properties, Saul Gross recommended looking into the feasibility of holding off on carrying out the
relocations, and rather wait for the program to be instituted citywide. Relocating each meter costs
approximately $3,200 per relocation. The cost for installing the remote reading device is
approximately $300 per unit. Mr. Alvarez opined that it is still advisable to relocate the meters,
should there be a failure of the wifi system.
The Committee understands the reason for relocating the mains to the front, but encourages
further implementation of the wifi system for meter reading.
Status Report: Venetian Islands 6:53 p.m.
David Martinez, Acting Assistant Director for CIP, stated that the plans went back to Schwebke
Shiskin so that the consultant could re-evaluate the cost estimate. Staff will receive the revised
opinion of cost from the consultant by the end of December. The drawings must be sent through
the Public Works Department and other regulatory agencies. CIP is allowing 30 days for that
process because of the holidays. The bid will be advertised and award is expected in late March
2012. ..
Roberto Rodriguez, the Capital Project Coordinator for the Venetian Island project, said that the
Venetian Islands HOA held a meeting that was attended by City and County representatives. The
County made a presentation, and explained that their project on the Causeway is delayed. They
expect to continue construction with major components through May of 2012. The work will then
be followed by landscaping using their own forces. Community Asphalt said that they
encountered more FPL utility conflicts than anticipated, and FPL is not responding in a timely
manner.
Eleanor Carney asked if the City had any additional information about using the People's
Transportation Plan funding to help toward the budget for the Venetian Islands CIP project. Public
Works still has the money encumbered, and it has been suggested as a possible source of
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CIPOC MEETING MINUTES, December 12, 2011
Page5of6
funding for the next budget cycle, but at this time, the availability and use of those dollars for
anything other than for what the funds are already encumbered have not been determined. The
City continues to look into this possibility.
Greg Carney, President of the Venetian Islands HOA, said that Tony Moreno of the County spoke
with the HOA at their quarterly meeting and gave the same information that Roberto Rodriguez
reported above. Commissioner Sally Heyman spoke with Mr. Carney and her office is trying to
help the HOA by pushing the County project forward. Membership is concerned that the County
delays will adversely affect the CIP project both in timeline and in keeping costs down. They are
also concerned that scope will be reduced from what was promised. Fernando Vazquez assured
Mr. Carney that the purpose of Value Engineering was to keep the intent and scope of design
without compromise.
Mr. Carney has informed the membership that encroachment letters will be coming. Mr. Vazquez
reiterated that the notifications for other neighborhoods that are already in the construction phase
have to go out first, before the notifications for Venetian Islands. The Venetian project is still in the
design phase and the City does not typically send out the encroachment notifications until the
contractor has 1 00% plan documents. The engineering team can work with the contractor on
identifying the unavoidable removals versus those encroachments that may be able to stay of
they do not directly interfere with construction, safety or specific regulations. Mr. Carney's
concern is that residents have sufficient time to "contemplate" the encroachment and possible
removal.
Stacy Kilroy pointed out that residents could look at where utility lines are located. From that point
to the street would be a good indication of where items would be considered encroachments.
Mr. Carney again voiced that the Homeowners Association is concerned about the County
planting coconut palms in the medians on the causeway. This is a County issue.
Some Venetian Island residents have been receiving code violations for unkempt swales on the
causeway. This should not be a code enforcement issue, according to Mr. Carney, based on the
agreement with the County. This is not a CIP issue. County Commissioner Heyman's office is
also trying to assist with this item.
Lastly, Mr. Carney said that the "welcome" sign has been unlit for several weeks. Saul Gross
suggested that Mr. Carney place the complaint about the sign on the City's web site feature
called "Web QA."
Status Report: Stormwater Master Plan/ Re-engineering of Sunset Harbor Drainage 7:10
p.m.
Rick Saltrick, Acting City Engineer, stated that the City has scheduled a meeting with the City
Manager in early January. The Public Works Department also completed the analysis that FOOT
required for tying in to their system on Alton Road. The City proposes that the system tie in from
10 -14 streets, having found that there are no gains in efficiency by tying in to the system on 5
Street. The proposed design has been submitted to FOOT for review. When all parties agree, the
City and FOOT will execute an agreement. The outfalls run from Flamingo west to the bay. Part of
the project includes stormwater storage structures that will retain water long enough to get the
FOOT system past its peak before the water enters their system on Alton Road and then travels
to the bay. This proposal saves some money as opposed to building new pump stations. The
City is also discussing potential operation and maintenance of the Alton Road system, so that the
City has more control.
In February, Public Works hired consultants to create a design that meets the 5-yr/one-day
criteria for stormwater in the Sunset Harbor neighborhood, using the latest stormwater master
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CIPOC MEETING MINUTES, December 12, 2011
Page 6 of6
plan data. DERM requested additional information, which the City has resubmitted, and a permit
should be signed soon. With the DERM permit, the City will then go to the Department of
Environmental Protection (DEP -State Agency). Public Works is now speaking with Ric-Man
International to be a JOC contractor for the replacement of the Sunset Harbor neighborhood
stormwater system.
Dwight Kraai asked what was done wrong by the previous designer. Mr. Saltrick says that it
seems that the system was designed with insufficient capacity. They used existing wells, which
have deteriorated. The increase in tidal levels and a conveyance system that fell short of need
also contributed to the faulty performance. Three different pump stations are being installed (in
the same locations as existing stations).
Eleanor Carney asked if the City and the consultant have evaluated the piping in the system other
than the exfiltration pipes. Mr. Saltrick explained that point repairs are being made as part of the
project as needed.
Dwight Kraai asked if the electrical control panels could be decreased in size so as to be less
obtrusive. Mr. Saltrick explained that they have to be a certain height above the ground in order to
meet requirements should there be flooding (100-yr flood). Efforts are made to minimize the size
as much as possible.
7. COMMISSION ITEM: SUNSET ISLAND I & II RPR SERVICES 7:19p.m.
Saul Gross requested a matrix of the number of staff hours that would be spent by the RPR on
the project. Maria Hernandez said that such a matrix was attached to the contract. The budget for
Sunset Islands I & II is very tight. Calculations figured in a full-time person supervising the
contractor at all times, plus administrative services. In the past, some contracts for RPR services
were for part-time work; this is not the case here. This also includes closeout period after the
twelve months is up. Additionally, the contract provides for an upper level person should a
signature be required. This is a lump-sum contract. The RPR will receive the full payment not to
exceed $249,995 if the project is completed early. The City would negotiate for the additional fees
should the project go for an extended time, through unforeseen circumstances, and/or for
reasons that are no fault of the City nor the Contractor.
William Goldsmith stated that Schwebke Shiskin has already put in many hours for this project,
and the fee that has been decided upon represents 5% of the overall contract for the project. Mr.
Goldsmith spoke favorably about the firm's performance. The firm has done work related to City
projects, for which Mr. Goldsmith paid them with his own funds. Saul Gross voiced concern that
there be transparency in the work they have done (this discussion is available on the video
recording of the meeting, available on the City's web site or via the Communications
Department).
Stacy Kilroy asked that matrixes be included each time for the Committee to evaluate when
services such as RPR or CEI oversight are to be approved.
STAFF ACTION: Include cost breakdown and matrix of expected services from consultants when
this information is presented to CIPOC and to the City Mayor and Commission.
MOTION: Recommend approval of item C7F for the December 14, 2011 Commission, directing
staff to execute a professional services agreement with Schwebke Shiskin for RPR services on
the Sunset Island I & II project.
MOVED: C. Cuervo 2"d: E. Carney
Meeting Adjourned: 7:32p.m.
Next CIPOC meeting is scheduled for Monday, January 9, 2012 at 5:30 p.m. in Commission
Chambers.
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(9 MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMITIEE MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez
DATE: March 21,2012
SUBJECT: REPORT OF THE FINANCE
MEETING OF January 19, 2012.
OLD BUSINESS
1. Follow up: Report on the number of Business Tax Receipts (BTRs)
outstanding
ACTION
The Committee requested quarterly updates be given via Letter to Commission
{LTC).
Georgina Echert, Assistant Director of the Finance Department, presented the item. The
City began sending out the Fiscal Year (FY) 2012 renewal notices in early July of 2011.
As of January 13, 2012, the following is a summarry on the status FY 2012 BTR
renewals:
• 7,801 renewal notices were mailed out;
• 1 ,624 renewal notices remain unpaid; and
• 1 ,879 renewals have been paid, but remain in pending status.
A list of business entities that have not renewed their BTR has been sent to Code
Compliance for follow-up action. Ms. Echert also stated that a follow up notice has been
sent to remind businesses that have not renewed their BTR. Commissioner Jerry libbin
asked how this compares to previous years. Ms. Echert stated that the compliance level
was approximately 65-70% last year, as compared to 80% this year. The Committee
requested quarterly updates be given via letter to Commission (l TC).
2. Discussion regarding amendments to the Recycling Ordinance
ACTION
Item Deferred
3. Discussion regarding towing permits
157
· Agenda Item C.t; _8
Date 3~/-JL
ACTION
The Committee recommended that:
• the auditing and inspection provisions resemble the provisions in the
Boucher Brothers contract
• option 1 for resident discounts be put into the contract
• review the towing software and in-vehicle camera enhancements in one
year
• Administration continue to negotiate with the Permittees regarding the
number of hours a vehicle is stored at no charge to the customer
• the item be brought to the full Commission
The Committee asked that the Permittees explain why credit cards and personal
checks are not accepted when the item is brought to the full Commission and that
a discussion regarding the City's towing policy be had.
Assistant City Manager Jorge Gomez presented and gave a brief history of the item.
The Committee discussed the auditing and inspection provisions for the towing
permittees. Commissioner Jorge Exposito asked if the City has the legal ability, other
than what is granted to the City by contract, to determine the profitability of a company or
the ability to set a standard of profit. Chief Deputy City Attorney Raul Aguila stated that
the City did not have the ability to determine profitability. Discussion ensued. The
Committee recommended that auditing and inspection provisions resemble the
provisions in the Boucher Brothers contract and that option 1 for resident discounts be
implemented. The Committee discussed the requirements for retrieving a towed vehicle.
Chairperson Deede Weithorn suggested that a revision provision be included in the
contract to ensure that the permittees are making progress in regards to implementing
the enhancements required by the contract. Ralph Andrade asked why GPS tracking
devices were being required. Parking Director Saul Frances stated that the tracking
would be used for vehicles that are providing city services and the tracking software will
address issues with accountability and show the proximity of the tow truck to vehicle
which is to be towed. Mr. Frances also added that city vehicles are equipped with GPS
tracking devices. Commissioner Jerry Libbin stated that he was not in favor of moving
forward with the renewal of towing permits before an audit was performed. Ralph
Andrade, attorney for Beach Towing, gave a power point presentation regarding
increasing the towing rates. City Manager Jorge Gonzalez asked Mr. Andrade of the
jurisdictions shown as comparables, how many, if any, have towing as a regulated
industry with a limited number of operators. Mr. Andrade stated that he was unsure if
any were regulated like the City is. Mr. Gonzalez stated that the way industry was
regulated would affect the pricing, more towing companies would yield more competitive
rates. Chairperson Weithorn opened the floor to public comment which included
suggestions on revising the towing bill of rights to better protect the vehicle owner,
raising fees not by a percentage but rather a flat fee, and support for auditing provisions.
The Committee asked that the Permittees explain why credit cards and personal checks
are not accepted when the item is brought to the full Commission. The Committee
recommended that:
• the auditing and inspection provisions resemble the provisions in the Boucher
Brothers contract
• option 1 for resident discounts be put into the contract
• review the towing software and in-vehicle camera enhancements in one year
• Administration continue to negotiate with the Permittees regarding the number of
158
hours a vehicle is stored at no charge to the customer
• the item be brought to the full Commission
4. 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 commercial lending institution
ACTION
The Committee recommended that the item be brought to the full Commission and
that the funding chart be included as part of the memo.
Real Estate, Housing, and Community Development Director Anna Parekh presented
the item.
A modification of the repayment terms in the Promissory Note dated February 5, 2007,
between MBCDC: Meridian Place, LLC, to the Miami Beach Redevelopment Agency
was requested in order to facilitate the completion of Meridian Place, as well as to
prevent jeopardizing $6,415,085 of additional public funds which have been awarded to
this affordable housing project for formerly homeless elderly people. The repayment
terms in the Promissory Note are not feasible because this affordable housing project
cannot produce sufficient cash flow to cover annual principal payments in the amount of
$150,000 to the RDA. The project rehabilitation is 70% complete, and therefore had no
rental revenue cashflow to make the first $150,000 annual loan payment which was due
in December 2011. Subsequent annual payments are due every December for the next
nine years. In the event the RDA Promissory Note debt service is not modified, the
project cannot be completed and the other existing funding sources are in jeopardy.
Each of the other funding sources entered into various governing documents with
MBCDC and its predecessor to secure the use of funds and project execution. While all
the documents were prepared independently by each lender, all the loan documents
share common covenants which require the delivery of a completed affordable housing
project. Assistant City Manager Hilda Fernandez noted that neither the $2,864,642 of
the City's HUD HOME and CDBG funds or the $1,379,395 of Miami-Dade County's
Documentary Stamp Surtax Funds require repayment as long as the building is kept
affordable even at the end of the affordability period. The Administration 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 "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, that 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. The Committee recommended that the item be brought to the full Commission and
that the funding chart be included as part of the memo.
REPORTS
5. Report on the status of FY 2010/11 potential new revenue initiatives
159
ACTION
None Required
The Committee did not discuss the item.
NEW BUSINESS
6. Request for approval to issue a Request for Qualifications (RFQ) for a
fourth solid waste franchise contractor to provide commercial waste
collections and disposal services
ACTION
The Committee recommended that this item and the item regarding the Recycling
Ordinance be brought back to the March 1, 2011 Finance & Citywide Projects
Committee Meeting.
Public Works Director Fred Beckmann presented the item.
At the Finance and Citywide Projects Committee Meeting of January 26, 2010, the
Committee recommended that the City pursue the option of maintaining four (4)
franchise haulers and to accept the services package presented combined with a five (5)
year term. The Committee also recommended that a minimum of four (4) haulers be
retained and in the event the number falls below four, the matter be brought to the
attention of the City Commission. There are presently three waste collection and
disposal services franchisees in the City of Miami Beach: Waste Management of Dade
County; Waste Services, Inc.; and Choice Environmental Services of Miami. In 2011, a
previous fourth franchisee, General Hauling Services, Inc. was purchased by Waste
Services. The current waste collection and disposal services franchisees have
petitioned the City to maintain at three the number of haulers providing services within
the City. It was recommended that the fourth hauler negotiations could provide the
opportunity for the three remaining haulers to proffer additional resources for the
educational and enforcement requirements of the new recycling ordinance. However,
the re-written ordinance significantly reduces the resource requirements for enforcement
and therefore does not present the same opportunities. The haulers have requested
that -in exchange for agreeing to increase their current contribution to fund green
initiatives form 1.5% to 2% (representing an annual revenue increase of approximately
$1 00,000), and double their annual cash allocation for the purchase of recycling
containers from (15) containers valued at approximately $18,000 to (30) containers
valued at approximately $36,000, or current market value-they would like to keep only
three haulers and exercise the three (3) year renewal option currently at the City's
discretion in September 2014. Chairperson Deede Weithorn stated that she would like
to delay discussing this item so that it could be discussed in conjunction with the item
regarding the Recycling Ordinance. Mr. Beckmann stated that the proposed recycling
ordinance is ready aside from the few details that needed to be confirmed with the
County. Commissioner Jerry Libbin was also in favor of deferring the discussion.
Commissioner Jonah Wolfson and Commissioner Jorge Exposito were in favor of
issuing the RFQ. Discussion ensued. Public comment included support for both issuing
the RFQ and support for keeping the number of waste haulers at three. The Committee
recommended that this item and the item regarding the Recycling Ordinance be brought
back to the March 1, 2011 Finance & Citywide Projects Committee Meeting.
160
7. Discussion concerning City Fees and Charges for Gay Pride 2012
ACTION
Item Deferred
8. Discussion pertaining to the issuance of a Request for Proposals (RFP) for
auditing services for the City's (CAFR), (OMB A-133 Single Audit), The
Miami Beach Redevelopment Agency's basic financial statements (RDA),
... (PSF), (VCA) financial statements, The Miami Beach Convention Center,
as managed by Global Spectrum, financial statements, The Children's Trust
Program, The Building Better Communities Bonds Program, and The Safe
Neighborhood Parks and Bond Program (SNP)
ACTION
The Committee recommended moving forward with the issuance of a Request for
Proposals (RFP) for auditing services.
Georgina Echert, Assistant Director of the Finance Department, presented the item. The
current auditors, McGiadrey and Pullen were selected in Request for Proposals (RFP)
No. 23-05/06 and approved under Commission Resolution 2006-26247 to provide
auditing services for a period of five (5) years with the sole option and discretion of the
City to renew for five(5) additional one (1) year periods. The Committee recommended
moving forward with the issuance of a Request for Proposals (RFP) for auditing
services.
9. Discussion regarding property assessed clean energy (PACE) program
ACTION
Item Deferred
10. Discussion pertaining to a retail 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
ACTION
The Committee recommended that the item be brought to the Commission with
the best deal.
Assistant City Manager Hilda Fernandez presented the item. 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,
Unit1. The New York-based investment group which is behind 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
161
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. In addition to SFSG, the City received inquiries about the availability of the
space from the current adjacent tenant, operating as Massage Envy. This existing
tenant wished to expand their current space as well as introduce certain services not
currently included in their franchise agreement, which formed the basis of the lease for
their current space. Further, the initial terms proposed were deemed not favorable to the
City, while the prospective tenant submitted terms more favorable for the City's
consideration. While the adjacent tenant has remained interested in the vacant retail
space, and has since offered comparable terms, the City's broker advised staff that
securing a diverse tenant mix would protect the City further, as compared to leasing out
this space to the adjacent tenant and having one tenant control two of four retail spaces.
SFSG is offering to pay $46 per square foot for the space. Based on current market
conditions, the proposed rent is comparable and competitive. Lyle Stern of Koniver
Stern Group stated that Massage Envy had very recently made an offer which exceeded
the current $46 per square foot and suggested that more information be gathered before
a final recommendation is made. The Committee recommended that the item be
brought to the Commission with the best deal.
11. Discussion pertaining to a retail lease agreement with Groove Man
Entertainment, Inc. involving Suites 1 through 4 in the Anchor Shops,
located at 1550 Collins Avenue, Miami Beach, Florida
ACTION
The Committee recommended moving forward and bringing the item to the full
Commission.
Assistant City Manager Hilda Fernandez presented the item and gave a brief synopsis of
the memo.
On January 11, 2012, Koniver Stern Group, the City's contracted real estate broker,
presented the City with a Letter of Intent (LOI) on behalf of Groove Man Entertainment,
Inc., (Grooveman Music) for Suites 1 through 4 in the Anchor Shops. Grooveman Music
was founded by DJ/Producer George Acosta in the late 90's and has been doing
business on Miami Beach from their current location at 1543 Washington Avenue since
2002, selling DJ-related products, clothing and accessories, vinyls and CDs and
advance ticketing to music events anywhere in the world. Grooveman is interested in
moving its business to the Anchor Shops, which will not only allow them to expand their
business, but also allow them to develop higher-end boutique market with new products
and designers. Given current market conditions, the subject 2,884 square foot space
has been challenging to fill and has been vacant since December 2010. Grooveman
Music has proffered an offer of $31 per square foot, plus tax, to lease the space for an
initial term of five (5) years plus a renewal term of four (4) years and 364 days at the
City's option. The Committee recommended moving forward and bringing the item to
the full Commission.
12.Discussion regarding PAL's refusal to hand over Public Records
ACTION
The Committee recommended that should the PAL not comply with the public
records request to the satisfaction of the City Attorney's Office, a public hearing
162
be scheduled to discuss what measures should be taken including termination of
funding.
City Attorney Jose Smith presented the item and went on to introduce Donald Papy,
Chief Deputy City Attorney. Mr. Papy stated that he had spoken with the new counsel
for the Police Athletic League (PAL), Israel Reyes, regarding the status of the Miami
Herald's public records request to the PAL for records and that Mr. Reyes stated that
they were cooperating with the Miami Herald and have asked for some additional time
because he had recently become the new counsel for the PAL. Mr. Papy stated that Mr.
Reyes conveyed his intent to fully comply with the request. Chairperson Deede
Weithorn asked Mr. Papy if he asked what the time frame was for Mr. Reyes to turn the
records in. Mr. Papy stated that he did not ask but stated that Mr. Reyes had asked for
an additional 30 days to respond to the request. Steve "Bubba" Cohen, former PAL
board member, stated that his attorney had made the same request in 2009 of the PAL
and that it took almost two years for the records to be turned over. Mr. Cohen also
stated that the PAL was requested to respond to the 2005 City Audit but the PAL has
never responded to the audit. Mr. Cohen was also concerned that the Parks and
Recreation Department, the Boys and Girls Club and the PAL are all in Flamingo Park
and all competing for a small pool of children. Chairperson Weithorn stated that if the
PAL has not complied with the request by the time that the budget is being discussed,
their funding could be cut. Commissioner Jonah Wolfson stated that he would also
support not funding the PAL. The Committee recommended that should the PAL not
comply with the public records request to the satisfaction of the City Attorney's Office, a
public hearing be scheduled to discuss what measures should be taken including
termination of funding.
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164
G MIAMIBEACH
City of Miami Beach,l700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
COMMITTEE MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
City Manager Jorge M. Gonzalez~
March 21, 2012 {) L/
SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE
MEETING OF March 1, 2012.
OLD BUSINESS
NEW BUSINESS
1. Selection of Chair for Finance and Citywide Committee
ACTION
The Committee elected Commissioner Deede Weithorn as Chair and
Commissioner Jorge Exposito as Vice-Chair of the Finance and Citywide Projects
Committee for a one year term ending January 2013.
2. Discussion concerning City Fees and Charges for Gay Pride 2012
ACTION
The Committee recommended that a one year advance waiver be given for the
Square Footage and Lummus Park User Fees for Gay Pride 2012 and that Staff
work with Pride representatives to create criteria for future fee waivers.
In 2008, Mayor Bower created the Gay Business Development Ad Hoc Committee. One
of the first initiatives of this Ad Hoc Committee was to establish a Miami Beach Gay
Pride. In 2009 the Committee celebrated the inaugural Miami Beach Pride event and
they have successfully produced the event for three (3) consecutive years. The City
does not provide waivers to any entity for hard costs (police and fire personnel, parking
or sanitation), and cannot waive building fees by State law. Assistant City Manager
Hilda Fernandez noted that the Square Footage and Lummus Park User Fees were the
non hard cost or building fees that could be waived. Chip Arndt, Finance Director of
Pride, presented statistics on hotel occupancy during past Pride events. Chairperson
Deede Weithorn asked that Mr. Arndt work with Staff to create criteria for waiving City
Fees. The Committee recommended that a one year advance waiver be given for the
Agenda Item C(e C.
165 Date .!-t?/=12-
Square Footage and Lummus Park User Fees for Gay Pride 2012 and that Staff work
with Pride representatives to create criteria for future fee waivers.
3. Discussion regarding property assessed clean energy (PACE) program
ACTION
The Committee recommended that the item be brought to the League of Cities in
an effort to create a coastal communities PACE district and that the item be
brought to the full Commission subject to the League of Cities creating the
district.
Public Works Director Fred Beckmann presented the item and gave a brief synopsis of
the memo.
The Property Assessed Clean Energy (PACE) Program provides a way for local
governments to encourage property owners to reduce energy consumption and increase
energy efficiency. The program is structured around a municipal bond, from either
municipal financing districts or finance companies, which is issued to commercial and
residential property owners to pay for energy retrofits. Financed retrofits include energy
conservation and efficiency improvements, renewable energy improvements, and wind
resistant improvements. Property owners are responsible for paying the cost of the loan
over its functional life, which is generally twenty (20) years, through an annual
assessment on their property tax bill. Participation in the program is voluntary; however,
at least thirty (30) days before entering into the financing agreement, the property owner
must provide notice to the mortgage holder or loan services of the intent to enter into the
agreement.
The Town of Cutler Bay has created the Green Corridor PACE District (District) to
effectuate the intent and purpose of Section 163.08 F.S., which provides authority for a
local government to pass an ordinance or adopt a resolution to create a program that
provides up-front financing and allows property owners to apply to the local government
to receive the finance. The District is comprised of local municipalities that enter into an
lnterlocal Agreement with the other participating municipalities. In order to make the
program financially feasible, a third party administrator provides management and
finance service for the District's PACE Program. It appears that the City would not have
any financial or legal obligations, other than one elected official or City representative
sitting on the District's governing board, to ensure that the program is being
administered effectively. There are a maximum number of seven (7) members on the
governing board at any given time. At this time, the governing board has reached its
maximum of seven (7) members and the City would be only a non-voting member.
However another option of the City would be to form a separate PACE District with a t
least on other municipality. Under this option, the City would need to obtain proposals
for a third party administrator using the City's procurement process. Chairperson Deede
Weithorn stated that she would take the item to the League of Cities in order to create a
new district. Commissioner Michael Gongora was in favor of creating a coastal
communities PACE district. The Committee recommended that the item be brought to
the League of Cities in an effort to create a coastal communities PACE district and that
the item be brought to the full Commission subject to the League of Cities creating the
district.
4. Discussion regarding sanitizer dispensers at City Facilities to lessen
illness and increase productivity
166
ACTION
The Committee recommended that hand sanitizer dispensers be installed at
various City facilities.
The Committee did not discuss the item but recommended that hand sanitizer
dispensers be installed at various City facilities.
5. Discussion regarding the issuance of Request for Proposals (RFP) for
catering and concession services for the Miami Beach Convention Center
ACTION
The Committee recommended:
• changing score weighting on Experience and qualifications and Past
Performance based on Client Surveys from 25% to 35%
• reducing the weight of Business and Creative Marketing Plan from 25% to
15%.
• including a food quality criterion in section B -Experience, qualifications
and Past Performance
• including asking proposers to include a detailed plan of how they will raise
survey scores to 93% or above
• that the criteria be as defined or specific as possible as to avoid
subjectivity
Max Sklar, Tourism and Cultural Arts Development Director, presented the item.
On April 11, 2006, the Mayor and City Commission approved the issuance of a Request
for Proposal (RFP) No. 22-05/06, to provide Professional Food and Beverage Facilities
Management Services for the Miami Beach Convention Center; with an option to mange
food and beverage services at other city cultural facilities to include: 1) the Jackie
Gleason Theater of the Performing Arts; 2) the Colony Theater; and 3) the Byron Carlyle
Theater. This RFP was issued in advance of Centerplate's expiring contract on
February 28, 2007. On September 6, 2006, the City Commission adopted Resolution
No. 2006-26316 authorizing the Mayor and Clerk to execute an agreement upon
completion of successful negotiations by the Administration. Centerplate didn't conclude
negotiations until December 13, 2007, which is when the final agreement was executed.
The terms of the Agreement were retroactive to March 1, 2007 and expire on September
30, 2012. The Agreement also includes two (2) successive, five (5) year renewal
options at the City's discretion. The Convention Center Advisory Board (CCAB) at their
June 7, 2011 meeting discussed whether or not the City should exercise the five (5) year
renewal option available in the Agreement or issue a new RFP. The CCAB reviewed
Centerplate's history and recommended, by a 6-1 vote, that the City issue a new RFP for
catering and concession services at the Convention Center. This recommendation was
based largely on Centerplate's client survey scores and their history of being the lowest-
rated area of the Convention Center's overall operations. At the December 14, 2011
Commission meeting the Administration was directed to issue an RFP and referred the
scope of service to the Finance & Citywide Projects Committee to review the criteria
prior to RFP issuance.
167
Commissioner Michael Gongora asked where the food quality criteria were in the
evaluation criteria. Mr. Sklar stated that it would fall under section B, Experience and
qualifications and past performance based on client surveys. Chairperson Deede
Weithorn asked that the criteria be more defined, such as the size of the facility that is to
be compared, the minimum amount of revenue, and minimum volume of surveys.
Chairperson also asked that proposers submit a detailed plan of how they will raise
survey scores from 86% to 93%. Commissioner Gongora asked how a score of 93% or
above was arrived at. Mr. Sklar stated that 93% was set by the City because it was the
standard set for all of the departments in the facility. The Committee recommended
changing score weighting on Experience and qualifications and Past Performance based
on Client Surveys from 25% to 35% and reducing Business and Creative Marketing Plan
from 25% to 15%.
The Committee recommended:
• changing score weighting on Experience and qualifications and Past
Performance based on Client Surveys from 25% to 35%
• reducing the weight of Business and Creative Marketing Plan from 25% to 15%.
• including a food quality criterion in section B -Experience and qualifications and
Past Performance
• including asking proposers to include a detailed plan of how they will raise survey
scores to 93% or above
• that the criteria be as defined or specific as possible as to avoid subjectivity
6. Ordinance amending penalty charges for late utility bills
ACTION
Item Deferred
7. Discussion regarding consideration of a letter of 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
ACTION
The Committee recommended amending the Special Events Guidelines to reflect
the Art Basel Miami Beach Zone.
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. 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 do this, an amendment to the Special Event Guidelines
is required to establish an "Art Basel Miami Beach Zone". The Committee
168
recommended amending the Special Events Guidelines to reflect the Art Basel Miami
Beach Zone.
8. Discussion regarding updates on the Collins Canal/Bike Path project
ACTION
The Committee recommended that the item be discussed with the Capital Budget
later this year.
Fred Beckmann presented the item and gave a brief synopsis of the memo.
Approximately 3.100 feet of seawall on the north side of the Collins Canal, between
West Avenue and Convention Center Drive, is in poor condition and requires
replacement. The City received a grant for this work in the amount of $1 ,282,885. The
Cit~ is also constructing approximately 5,000 feet of bike path along this corridor from
17t Street to Park Avenue with a grant in the amount of $2,873,896. The project is fully
permitted and has been approved by the Historic Preservation Board. It has also been
endorsed by the Transportation and Parking Committee, the Disability Access
Committee, the Bikeways Committee, the Belle Isle Residents Association, the Miami
Beach Convention Center, the Greater Miami & the Beaches Hotel Association, and the
Miami Beach Senior High PTSA. The contractor, Harbor Construction, is presently on
schedule to complete the work in early July. At the request of the City, the contractor is
leaping the block that contains a 650-foot section that is too narrow to plant trees,
returning to it at the end of the project. While continuing the work, the City is pursuing
two designs in parallel that could provide for trees in that area: planting mangroves in the
canal and shifting the Dade Boulevard curb to the north to provide a planting area.
Chairperson Deede Weithorn suggested that this item be discussed with the Capital
Budget later this year. Chairperson Weithorn opened the floor for public comment which
included support for the completion of the canal repair/bike path and greenspace.
Resident Barry Miller asked for a cost estimate for shifting the Dade Boulevard curb
portion of the project. The Committee recommended that the item be discussed with the
Capital Budget later this year.
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170
~ 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: March 21, 2012
SUBJECT: REPORT OF THE FEBRUARY 1 , 2012 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A Land Use and Development Committee meeting was held on February 15, 2012.
Members in attendance were Commissioners Wolfson, Libbin 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 4:10 pm.
1. ELECTION OF CHAIR AND VICE-CHAIR
MOTION: Wolfson/Libbin -3-0: Michael Gongora as Chair.
MOTION: Libbin/Gongora -3-0: Jonah Wolfson as Vice-Chair.
2. 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
118-53, "COMPOSITION;" DIVISION 3, "DESIGN REVIEW BOARD,"
SECTION 118-72, "MEMBERSHIP;" DIVISION 4, "HISTORIC
PRESERVATION BOARD," SECTION 118-103, "MEMBERSHIP;" AND
118-104, "APPOINTMENT;' DIVISION 5, "BOARD OF ADJUSTMENT,"
SECTION 118-131, "MEMBERSHIP," TO CLARIFY THE
QUALIFICATIONS AND CATEGORIES OF MEMBERS TO BE
APPOINTED TO THE CITY'S LAND USE BOARDS; PROVIDING FOR
REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE
DATE.
(RETURNING FROM THE OCTOBER 25, 2011 PLANNING BOARD MEETING,
ORIGINALLY REQUESTED BY CITY COMMISSION
JANUARY 28, 2009, ITEM C4H)
AFTER-ACTION: Richard Lorber introduced the item and explained that it clarified and
broadened the categories and qualifications of the members of the four Land Use
Boards. Henry Stolar spoke. Gary Appel, Charlie Urstadt and Nancy Liebman spoke
regarding the Miami Dade Preservation League role on the Historic Preservation Board.
The Committee went through each of the four Boards and discussed minor changes, as
follows: Historic Preservation Board: broaden Attorney licensed in Florida to licensed in
the U.S.; Planning Board: no change; Design Review Board: add to category IV "or
resident with interest or background in design issues; and Board of Adjustment: delete
C /_D Agenda Item -=...=;fP-=._
171 Date 3<;)/-/2
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of February 15, 2012
Page 2 of4
proposed change defining Financial Consultant, keep attorney licensed in the State of
Florida to conform with the City Charter.
MOTION: Wolfson/Libbin (3-0). Move ordinance to Commission with changes
referenced above.
3. DISCUSSION ON THE PARKING REQUIREMENT AND HOW WE CAN
INCENTIVIZE FOR GOOD HOTEL DEVELOPMENT.
(RETURNING FROM THE SEPTEMBER 21, 2011 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON
FEBRUARY 9. 2011 CITY COMMISSION MEETING, ITEM C4C)
AFTER-ACTION: Deferred to the March 28, 2012 meeting.
4. 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.
{DEFFERED FROM THE JANUARY 18, 2012LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
APRIL 13. 2011 ITEM R9G MOTION #2)
AFTER-ACTION: Item was not reached.
4. 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, "ADMINISTRATIVE AND REVIEW
PROCEDURES," BY CREATING A NEW ARTICLE XII,
"ADMINISTRATIVE DETERMINATIONS," SECTIONS 118-801,
172
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of February 15, 2012
Page3 of4
"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.
(DEFFERED FROM THE JANUARY 18,2012 LUDC MEETING
REQUESTED BY CITY COMMISSION APRIL 13,2011
ITEM C4E & R9G MOTION #3)
AFTER-ACTION: Item was not reached.
5. 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.
(DEFERRED FROM THE JANUARY 18,2012 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JORGE R. EXPOSITO
OCTOBER 19,2011 CITY COMMISSION MEETING ITEM C4L)
AFTER-ACTION: DEFERRED
6. 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, "NONCONFORMANCES," 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.
(DEFERRED FROM THE JANUARY 18,2012 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
OCTOBER 19,2011 CITY COMMISSION MEETING ITEM C7M)
AFTER-ACTION: Deferred to the March 28, 2012 meeting.
173
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of February 15, 2012
Page4 of4
7. DISCUSSION REGARDING SIDEWALK CAFE PERMITS ON THE DREXEL
AVENUE AND 16TH STREET SIDEWALKS IN FRONT OF THE RETAIL
SPACES OF THE PARK@ 420 GARAGE, LOCATED AT THE CORNER OF
16TH STREET & DREXEL AVE.
(RETURNING FROM THE JANUARY 18,2012 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
OCTOBER 19, 2011 CITY COMMISSION MEETING ITEM R7C)
AFTER-ACTION: Jorge Gomez explained the issue and described the meeting held
between the property owner's representatives and Mr. Shedroff, the issues discussed,
and the lack of consensus between the two parties. Commissioner Wolfson asked about
the situation with the sidewalk width and whether it was properly permitted. Lucia
Dougherty and George Kousoulas on behalf of the property owner explained their
understanding of the sidewalk width issue. The Committee discussed the matter of the
sidewalk cafe, and whether the City had plans to widen the sidewalk along Drexel
Avenue. Adam Shedroff spoke against having a sidewalk cafe in that location. Nancy
Leibman, Arthur Marcus, Jo Manning, and Jane Losson spoke against sidewalk cafes at
this location. The Committee discussed the matter and tried to balance the issue of
sidewalk cafes near residential areas with the fact that this is commercial zoning and no
other commercial area is limited in a similar manner.
MOTION: Libbin/Wolfson (3-0) Move to lift the stay on sidewalk cafe subject to the
actual sidewalk cafe application for the subject building being presented to the Land Use
Committee for final review and approval.
*See associated Resolution provided under separate cover in Commission agenda.
8. DISCUSSION OF AN ORDINANCE ESTABLISHING THE MIAMI BEACH
ENERGY ECONOMIC DEVELOPMENT ZONE.
(REQUESTED BY CITY COMMISSION
FEBRUARY 8, 2012 CITY COMMISSION MEETING, ITEM RSF)
AFTER-ACTION: Kevin Crowder explained the matter to the Committee, and
discussed the eligibility criteria, which should be as broad as possible, and include both
rehab and new construction. The process should be competitive, rather than first
come/first served.
MOTION: Wolfson/Gongora (2-0) Approve the ordinance.
Attachment
JMG/ItR~t-
T:\AGENDA\2012\3-21-12\LUDC Meeting of February 15, 2012 afteraction RGL.docx
174
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m 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 ()P" ()
DATE: March 21, 2012 U
SUBJECT: REPORT OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE HELD ON
MONDAY, JANUARY 30,2012.
A meeting of the Neighborhood/Community Affairs Committee was scheduled for Monday, January
30, 2012 at 3:00 pm and was held in the City Manager's Large Conference Room, 41h Floor of City
Hall. Commissioners in attendance: Commissioners Edward L. Tobin, Jerry Libbin, and Deede
Weithorn (arrived at 3:20pm). Members from the Administration and the public were also in
attendance. Please see the attached sign-in sheet.
THE MEETING OPENED AT (3:08PM)
1. 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.
(3:30PM)
Assistant City Manager Hilda M. Fernandez reminded the Committee that this discussion was
deferred from the joint meeting of the Neighborhood/Community Affairs and Finance and Citywide
Projects Committees held on January 19, 2012. Ms. Fernandez reminded the Committee of the
problems that occurred with Funkshion event last year during Winter Music Conference and, as a
result, Funkshion was told they would not be able to do live entertainment again during their
March event and would not be able to use Lummus Park.
It has been the City's policy not to add additional events during these months. Hilda distributed the
calendar of those businesses that have applied for Special Event permits but have not been
approved yet. Concerns are primarily the high volume of people that these events bring during
peak times. Some have been moved to alternative dates.
Commissioner Libbin stated that he placed this item on the agenda, because a local business had
the perception that outside businesses were getting preferential treatment as opposed to local
business. He further stated that the Opium Group was unable to apply for a particular event during
Art Basel Miami Beach. Commissioner Libbin stated he is not advocating for any one business,
however, he wants to be sure the City is being fair to everyone.
Ms. Fernandez stated that the Convention Center has a methodology that allows someone to
challenge a held date, allowing a second hold, thus forcing whoever has the date to make a
decision as to whether they will be using that date. This is going to be a recommendation in the
amending of the Special Event Guidelines to incorporate that process.
177
, Agenda Item C(p E
Date J--;l/-; L
City Commission Memorandum
March 21, 2012
Report of the Neighborhoods/Community Affairs Committee of January 30, 2012
Page 2 of?
Ms. Fernandez clarified for Commissioner Weithorn that although it is not specified in the title, the
discussion is regarding special events on public property, not private property. Commissioner
Tobin stated that the City should be as hospitable and welcoming as it can be.
Commissioner Weithorn raised a concern that the City might want to distinguish between a private
event on public property that is not open to the general public as compared to a public property
event open to the general public. Ms. Fernandez explained that the concern has been regarding a
location issue and this is something that can be considered to the extent that it is not taxing City
resources. Commissioner Weithorn stated that she wants to be sure the City does not create a
policy that detracts from tourism.
Marlo Courtney spoke.
Cultural Affairs and Tourism Development Director Max Sklar stated that the City makes a
concerted effort to accommodate those conventions coming in from out of town. Ms. Fernandez
recapped that the issue is the distinction between private events, whether they occur on private or
public property, and having the ability to accommodate private events versus public events on
public property. She stated that the Administration will be reviewing.
Commissioner Libbin made the motion to send to the City Commission for approval any requests,
made on a timely basis, to hold a private event on public property during a special event period.
Commissioner Tobin disagreed. Commissioner Weithorn made a motion that the Special Event
Guidelines be submitted annually to the City Commission for review and approval.
Mr. Sklar asked for clarification if Committee endorses the City proceeding with private events on
public property during high impact periods on a case by case basis so long as the City can
accommodate them, it makes sense during the time period, and that they are not a tremendous
impact. Commissioner Weithorn concurred.
Ms. Fernandez mentioned that item #5 on this agenda is a discussion of proposed amendments
of our Special Event Guidelines. Based on the direction the Committee is now giving,
Administration will go ahead and incorporate this provision into the guidelines.
ACTION: The Committee, by consensus, directed the Administration to incorporate guidelines
addressing private events on public property during high impact periods; to consider them on a
case by case basis to allow for them so long as they the City can accommodate them, it makes
sense during the time period and they are not a tremendous impact.
2. DISCUSSION REGARDING THE LACK OF PARKING FOR PERMIT-PAYING RESIDENTS IN
THE FLAMINGO PARK PARKING LOT P-10.
(4:25PM)
Parking Director Saul Frances explained that Zones 2 and 3 are now able to use this lot and the
pilot program seems to be working well. The question now is whether the program should be
continued and/or expanded.
Commissioner Weithorn asked if there has been a usage check to see whether those spaces are
being used. Mr. Frances stated that they had not checked for turnover. Commissioner Weithorn
would like to know if the 21 spots were the right amount or if it possibly should be fewer. Mr.
Frances will do some turnover checks and license plate surveys over a period of time to see how
many spaces are actually being used.
178
City Commission Memorandum
March 21,2012
Report of the Neighborhoods/Community Affairs Committee of January 30, 2012
Page 3 of7
ACTION: The Committee directed Mr. Frances to do a usage study of the number of spaces
allocated for the pilot program to determine if fewer are needed.
3. FOLLOW-UP REGARDING A PROPOSAL TO HONOR THE EXTENSIVE COMMUNITY
LEGACY OF STANLEY LEVINE WITH A MEMORIAL BENCH ON LINCOLN ROAD.
(3:50PM)
Cultural Affairs and Tourism Development Director Max Sklar explained that this proposal
originally was submitted as a bronze statue of Mr. Levine. It has since gone to the Art in Public
Places Committee (AiPP) where they encouraged the Levine family to look at more contemporary
artists for this project. The Committee recommended the design by artist Augustina Woodgate.
The Historic Preservation Board (HPB) reviewed and approved the proposal submitted and
deleted the maintenance condition from the Motion to Approve, as the Committee felt the City
should be responsible for long-term maintenance. The Administration recommends the donor
establish a maintenance fund for the project, as required in the City's Art in Public Places
Guidelines, and requests the Committee reconsider this matter. An estimate on maintenance cost
will be approximately $7500 annually. Assistant City Manager Hilda M. Fernandez questioned the
decision by the HPB within its purview. This is a recommendation, although made in good faith by
the HPB, contradicts City Code and it is ultimately up to the City Commission as to whether to
accept this public donation and, if accepted, whether to follow the requirements of the current
code which requires the establishment of maintenance fund.
Rhonda Mitrani spoke about the concerns with graffiti and the high pedestrian volume on Lincoln
Road.
Commissioner Tobin asked for someone on staff to make a site visit with him to see where this is
intended to be placed and how much space it will be taking.
Commissioner Libbin stated that he likes the project and asked for the family's position on the
maintenance of this piece. Tina Levine-Fitch stated that she believes the maintenance costs will
be an issue with the family.
Commissioner Weithorn stated that she believes there is a distinction here as this is a piece of art
that has a function. People will be sitting on it. It seems to her that the estimated costs are high.
Commissioner Libbin made a motion to recommend accepting the donation with a $1,500 annual
family commitment for the repairs with the additional understanding that, if the piece falls into
disrepair, it must be repaired by the family or it will be removed. Commissioner Weithorn
requested that before the item it comes to Commission, that someone take a hard look at the
estimates provided. Commissioner Libbin added that he believes that the cleaning of the piece
should be handled by the contractors that keep Lincoln Road clean. Ms. Fernandez asked if the
committee is recommending the establishment of an endowment that is strictly for repairs.
Commissioner Tobin preferred sending to Commission without a recommendation for further
discussion. Commissioner Weithorn agreed. Chief Deputy City Attorney Raul Aguila explained
that the discussion cannot go to Commission without a recommendation.
Ms. Fernandez recapped her understanding of the motion to be to approve the acceptance of the
donation of this public art piece and the establishment of an endowment by the family only for the
costs associated with repairs with a caveat that, if the piece falls into disrepair, the family is to
repair it to the City's satisfaction or remove the piece. Commissioner Tobin asked the Committee
to defer this item until next month so he can have time to visit the site with Mr. Sklar and Dennis
Leyva. Commissioner Weithorn is okay with the deferral as was Commissioner Libbin.
179
City Commission Memorandum
March 21, 2012
Report of the Neighborhoods/Community Affairs Committee of January 30, 2012
Page4 of?
ACTION: The Committee moved to defer discussion until a future meeting of the Neighborhood/
Community Affairs Committee to allow Commissioner Tobin time to visit and review the site.
4. QUARTERLY CRIME STATISTICS (RECURRING ITEM ON A QUARTERLY BASIS).
(3:09PM)
Police Major Angel Vazquez introduced Lieutenant Alex Carulo to report regarding the crime
statistics. Commissioner Tobin explained the reason for the quarterly reports is to keep informed
of any trends and to stay in touch with the Police Department. Lt. Carulo summarized successful
efforts and arrests made during the previous quarter. In particular, he highlighted the arrest of the
person responsible for an extremely violent rape in the South end.
Commissioner Tobin asked if there is anything that the Police Department would need to help
them do their job. Major Vazquez suggested that the department could use a mobile command
center that would help during critical and major incidents.
Commissioner Tobin asked if there are units assigned to the causeways, in general. Major
Vazquez explained how the causeways are handled.
Commissioner Weithorn arrived (3:20 PM)
Commissioner Tobin commended Captain Mark Causey on his efforts regarding Washington
Avenue. Captain Causey advised the Committee of the upcoming Washington Avenue public
meeting scheduled for February 22, 2012. Captain Causey also spoke of the efforts to address
the pedestrian safety on West Avenue. He added that beach thefts are way down and that
utilizing ATVs and bicycles have made a difference.
ACTION: This is a quarterly report. Next report will cover January-March 2012.
5. DISCUSSION CONCERNING THE SPECIAL EVENTS ORDINANCE.
(4:08PM)
Assistant City Manager Hilda M. Fernandez stated that Commission has made several
recommendations to make changes to the guidelines. Cultural Affairs and Tourism Development
Director Max Sklar reviewed the proposed amendments to the guidelines as detailed in the
agenda package, some of which include:
• The creation of additional special event permits types in order to streamline application
processing for smaller, less impactful, special events
• Security deposit changes
• Updated list of Major Event Periods
Commissioner Weithorn requested these amendments be taken to the neighborhoods for review
and input. Mr. Sklar asked if the monthly Special Event Community Meeting where the general
public is invited to attend be sufficient. Commissioner Weithorn stated that would be sufficient.
Hilda clarified that special event permits are not necessary for private events.
Marlo Courtney spoke.
180
City Commission Memorandum
March 21, 2012
Report of the Neighborhoods/Community Affairs Committee of January 30, 2012
Page 5 of7
Commissioner Libbin asked for clarification of the security deposits noted in the memo. Mr. Sklar
noted there is a typo on the security deposits. It should read as $10,000 instead of $5,000 and
$20,000 instead of $10,000.
Ms. Fernandez highlighted some of the changes including the booking policy that was discussed
earlier in the meeting, as well as the fees for weddings and late payment fees for special events.
Commissioner Libbin wants to clarify language that the deposit shall be forfeited at a certain point
even if the event does not take place.
Commissioner Weithorn made the motion to take these amendments to the City Commission after
it is vetted at a public meeting. Motion was seconded by Commissioner Libbin. Commissioner
Tobin agreed.
ACTION: The Committee unanimously moved to take these amendments to the City Commission
after it is vetted at a public meeting.
6. DISCUSSION REGARDING ENFORCEMENT OF LITTER LAWS RELATING TO THE
DISTRIBUTION OF HANDBILLS ON OCEAN DRIVE, POSSIBLE HANDBILL-FREE ZONES,
AND POSSIBLE AMENDMENTS OF SIDEWALK CAFE REGULATIONS TO ADDRESS THE
SOLICITING OF RESTAURANT BUSINESS IN THE PUBLIC RIGHTS OF WAY, AND
POSSIBLE REQUIREMENTS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS
REGARDING OPEN CONTAINERS.
(3:25PM)
Marlo Courtney spoke.
Assistant City Manager Hilda M. Fernandez clarified how this subject will affect multiple sections
of the City Code, and advised that discussion will be back in February/March 2012. This will
involve a proposed amendment to the Litter Ordinance to address the handbill issue, a proposed
amendment to the Peddling and Solicitation sections of the Code to address solicitation and
peddling which might include the sidewalk cafes, and Administration is looking at whether the
Sidewalk Cafe Ordinance needs to be amended to establish further restrictions. Commissioner
Libbin added that alcohol with "to-go" cups would be included in this topic. Ms. Fernandez
explained that "to-go" cups will require the creation of a new section of Code and will require some
discussion. Marlo Courtney stated that progress is being made on the issue of "to-go" cups
because the restaurants on Ocean Drive have agreed to put signage and do what they can to
address the issue.
Commissioner Tobin asked if Administration may want to send letters to businesses regarding
these issues. Code Compliance Division Director Robert Santos-Aiborna advised that letters have
already gone out and outreach will continue.
Commissioner Libbin stated that he hopes this will be addressed prior to the Memorial Day
Weekend.
ACTION: The Committee made no motion as this discussion and proposed amendments will
return to the Neighborhood/Community Affairs Committee in March.
7. DISCUSSION REGARDING A POTENTIAL SIGNAGE PROGRAM ESTABLISHING MIAMI
BEACH AS A HATE FREE ZONE.
181
City Commission Memorandum
March 21, 2012
Report of the Neighborhoods/Community Affairs Committee of January 30, 2012
Page 6 of7
No discussion, item deferred.
ACTION: Discussion deferred.
8. DISCUSSION REGARDING 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.
(4:28PM)
Chief Deputy Raul Aguila reviewed the history of the FPL Franchise agreement and the result of
the discussions since First Reading.
Mr. Aguila explained that a deal has been reached with Sunset Islands Ill (3) and IV (4) on the
Memorandum of Understanding. He added that the terms of the Franchise have not changed
since First Reading; however the City has made significant additional public benefits which will be
outlined in a Consent item at Commission at the same time as Second Reading.
Aletha Player from FPL spoke.
Commissioner Tobin expressed his desire to have a clear process outlined regarding
undergrounding.
Terry Bienstock spoke.
Peter Luria spoke.
A lengthy discussion ensued regarding contract renewal. Commissioner Libbin stated that the City
is in no way restricted from doing something in the future that is in the best interest of the public.
There is no reason not to move forward. On the other hand, if the City does not move forward,
there is the question as to what happens with the fee the City charges.
Commissioner Weith om explained her concerns are with the unknown future. And who is to say if
the City will want to go into the electricity business thirty years from now because producing
electricity will not be as involved as it is today. She has trouble voting for something that is going
to probably outlive her.
Commissioner Libbin stated that the City is not prohibited from going into the business, but they
will have to play by the same rules as FPL.
Commissioner Tobin asked Raul to share what happens in the event we have a disagreement.
Raul reviewed the agreement as it pertains to the City going into business for itself and the impact
on the City.
Peter Luria spoke.
ACTION: The Committee took no action; this was a status update between First and Second
Reading.
182
City Commission Memorandum
March 21,2012
Report of the Neighborhoods/Community Affairs Committee of January 30, 2012
Page 7 of7
9. DISCUSSION REGARDING INCORPORATING CHILDREN WITH MASTER ARTISTS (IE:
WYLAND AND BRITTO) TO RAISE FUNDS FOR THE CULTURAL ARTS COUNCIL AND
COLLEGE SCHOLARSHIPS.
(5:05PM)
Commissioner Libbin explained this discussion is just for information, as no action will be taken.
He explained that the Chamber of Commerce is hosting an event May 3-4, 2012 on Lincoln Road.
The event will have 4th grade Miami Beach students working with Artist Wyland over a two-day
period on Lincoln Road to do two different murals. Wyland will be requiring that the City have a
citywide water conservation project. The Chamber will donate rain barrels to the schools where
the art teachers will be decorating the barrels in their classes, and the science teachers will be
retrofitting the barrels with hoses to water their gardens. The art pieces will be sold with proceeds
being shared by the Arts Council, the Chamber's scholarship fund and the Wyland Foundation.
ACTION: The Committee needed no action. This was informational only.
10. DISCUSSION REGARDING ONE OR MORE SATELITE ART FAIRS FROM MID-TOWN TO
NORTH BEACH DURING THE WEEK OF ART BASEL MIAMI BEACH
(5:08PM)
Commissioner Libbin would like to know if the City can look at other options during Art Basel
Miami Beach with regards to satellite art fair locations in the North Beach area. He would like to
add some synergy to the NADA Art Fair.
Commissioner Tobin would like to know how Art Basel Miami Beach feels about these programs
and wants to be sure this is not something that will upset Art Basel Miami Beach.
Commissioner Libbin stated that he believes this is a great opportunity and is looking for an
expression of consensus, in principal. Commissioners Tobin and Weithorn agreed, in principal.
Assistant City Manager Hilda M. Fernandez will come back with suggestions on incentives.
ACTION: The Committee recommended Administration work with Commissioner Libbin to attract
satellite Art Fairs to North Beach and come back to the Neighborhood/Community Affairs
Committee with an update.
THE MEETING ADJOURNED AT (5:15PM)
JM;t(j/SS/tcr/BH/rfm
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183
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m 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: March 21,2012
SUBJECT: REPORT OF THE NEIGHBORHOO /COMMUNITY AFFAIRS COMMITTEE HELD ON
MONDAY, FEBRUARY 27,2012.
A meeting of the Neighborhood/Community Affairs Committee was scheduled for Monday, February
27, 2012 at 3:00pm and was held in the City Manager's Large Conference Room, 4th Floor of City
Hall. Commissioners in attendance: Commissioners Ed Tobin, Jerry Libbin, and Jorge Exposito
(arrived at 3:24pm). Members from the Administration and the public were also in attendance.
Please see the attached sign-in sheet.
THE MEETING OPENED AT (3:15PM)
1. SELECTION OF A CHAIR AND VICE-CHAIR
(3:16PM)
Commissioner Libbin made the motion to have Commissioner Tobin as Chairperson for this
committee. Commissioner Tobin seconded.
Commissioner Tobin made the motion to select Commissioner Libbin as Vice-Chair for this
committee. Commissioner Libbin seconded.
ACTION: The Committee moved to select Commissioner Ed Tobin as Chairperson and
Commissioner Libbin as Vice-Chairperson of the Neighborhood/Community Affairs Committee.
2. FOLLOW-UP REPORT CONCERNING QUALITY OF LIFE ISSUES FOR WEST AVENUE.
(3:36PM)
Police Major Angel Vazquez introduced Captain Mark Causey. Captain Causey reported that he
recently met with the new homeowners' association forWestAvenuewheretheydiscussed some
of the issues of concern. He also recently rode through the area with the City's Traffic Manager,
Jose Gonzalez, who, together with Public Works Department Director, Fred Beckmann are
reaching out to the County to try to fix some of the signage issues and, thereby, help with the
Police Department's enforcement in the area. He explained that part of the problem with the
speeding is the signage; some of the striping needs to be redone and is actually in process. He
added that enforcement efforts are in the second month. Police are working 2-hour periods and
averaging about twenty citations per period. The Department has started radar traffic enforcement
in the 500-600 block of West Avenue for those heading southbound.
After some discussion regarding bike lanes on West Avenue, Commissioner Tobin advised
Commissioner Exposito that if he would like to make a motion to have a dedicated and protected
bike lane on West Avenue, he is certain to have a second motion. Commissioner Exposito
stated that would be ideal. Mr. Beckmann added that may result in the loss of one parking lane.
Commissioner Exposito made the motion to have the administration study the impact and cost of
Agenda Item CfeE
185 Date 3-eJ/-/2.
City Commission Memorandum
March 21,2012
Report of the Neighborhoods/Community Affairs Committee of February 27, 2012
Page 2 of 12
a dedicated and protected bike lane. The motion was seconded by Commissioner Libbin.
Commissioner Tobin concurred.
Christine Florez spoke.
Arthur Marcus spoke and made a suggestion to consider removing the parking spaces on the
east side of West Avenue in the north-bound direction between Lincoln Road and 1 th Street.
This area backs up and the removal of these spaces would allow for dedicated right-turn lane.
Commissioner Tobin asked the administration to look into this possibility and asked that Mr.
Marcus be a part of this discussion.
Hal Phillips spoke.
Commissioner Tobin spoke of his desire for neighborhood mass transit that stops at parking lots
thereby making getting around easier and quicker. People would then consider parking their car if
they had an option to get to their destination within a few minutes.
Gayle Durham spoke.
Commissioner Libbin suggested asking the Administration look into finding parking options for
residents on West Avenue. Commissioner Tobin agreed.
Commissioner Libbin asked for some discussion regarding the West Avenue bridge project.
Commissioner Tobin explained that the City has made commitments about land purchase and
lease, but can change the allocation.
Christine Florez spoke.
Arthur Marcus spoke.
Commissioner Tobin stated that he believes the sentiment is to have a pedestrian and bicycle
bridge on West Avenue. Commissioner Libbin responded that each time that it comes to
Commission he is out-voted six to one.
Mr. Beckmann stated that there is one more public meeting where the public will be able to look at
the final alternatives and make some recommendations. Based on that input, this will be brought
to the April Commission meeting for the final determination.
Chief Deputy City Attorney Raul Aguila spoke for the record that the City has had more than a
year to do its due diligence. The due diligence period expires on May 2, 2012. The item will be
brought to the City Commission in April for a final decision after which the City is locked in.
Commissioner Tobin asked that the Administration bring to the next Commission meeting some
concise background and data, as to why the City is doing the West Avenue Bridge project.
Charles Urstadt spoke.
Garry Brodhead spoke.
Commissioner Tobin reminded the Committee of the need for a mass transit system around the
City and requested that a discussion of this possibility be added to the upcoming Commission
retreat.
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ACTION: The Committee unanimously moved to direct the Administration to study the impact and
cost of a dedicated and protected bike lane on West Avenue. Additional action items included:
• Administration to look into considering the possibility of removing the parking spaces on the
east side of West Avenue in the north-bound direction between Lincoln Road and 17th Street.
and asked that Mr. Arthur Marcus be a part of this discussion (Requested by Commissioner
Tobin)
• Administration to look into finding parking options for residents on West Avenue (Requested
by Commissioners Libbin and Tobin)
• Administration to bring to the next Commission meeting some concise background and data,
as to why the City is doing the West Avenue Bridge project (Requested by Commissioner
Tobin)
3. DISCUSSION REGARDING ONE OR MORE SATELLITE ART FAIRS FROM MID-TOWN TO
NORTH BEACH DURING THE WEEK OF ART BASEL.
(3:16PM)
Commissioner Libbin detailed that during Art Basel Miami Beach, several Art Fairs may be losing
their locations due to a soon-to-be-built, Wai-Mart in Miami. While he has been looking to build a
presence in North Beach for the Art Fair that had previously closed, he has been reaching out to
the owners of Scope, Art Asia and Red Dot to get a feeling of interest in relocating to North Beach
as he believes they will add synergy to the NADA event and bring awareness to the North End.
Scope and Art Asia felt the three potential locations they evaluated couldn't accommodate their
needs but they were very interested in having the City consider the South end. Owners are
interested in holding it during Art Basel Miami Beach in the area where the So Be Food and Wine
Festival is set up by Lummus Park. Commissioner Libbin contacted Art Basel Miami Beach to
ensure that this area is outside of the boundaries of Art Basel Miami Beach and to confirm they
would have no objection. The next step would be to check with the community, hotels, and the
Ocean Drive Association to see if they would welcome this and, if so, there would be something to
discuss that could bring a significant excitement for the week of Art Basel Miami Beach.
Commissioner Tobin stated that he would like to see this in the North end. Commissioner Libbin
responded that there is simply not enough space to accommodate the size of the tents needed.
Marlo Courtney spoke
Arthur Marcus spoke.
Dr. Morris Sunshine spoke.
Charles Urstadt spoke.
Paul Janas spoke.
Carla Probus spoke.
Commissioner Libbin made the motion to direct Administration to continue to reach out to the
owners of these fairs and see if an acceptable location can be found, and simultaneously organize
some community meetings. Commissioner Tobin stated that he wants to be sure that it is clear
that he would have a difficult time voting for this if Art Basel Miami Beach is not in favor of this.
There was no second. Commissioner Libbin reiterated that he had spoken to the people at Art
Basel Miami Beach and they have no objection. Commissioner Tobin advised Commissioner
Libbin that he has done a great job in taking the lead on looking for things that will make the
community better.
ACTION: No action as no second was made to Commissioner Libbin's motion to direct
Administration to continue to reach out to the owners of these fairs and see if an acceptable
location can be found and simultaneously organize some community meetings.
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4. DISCUSSION REGARDING ENFORCEMENT OF LITTER LAWS TO INCLUDE THE
DISTRIBUTION OF HANDBILLS ON OCEAN DRIVE, POSSIBLE HANDBILL-FREE ZONES,
AND POSSIBLE AMENDMENTS OF SIDEWALK CAFE REGULATIONS TO ADDRESS THE
SOLICITING OF RESTAURANT BUSINESS IN THE PUBLIC RIGHTS OF WAY, AND
POSSIBLE REQUIREMENTS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS
REGARDING OPEN CONTAINERS.
And
DISCUSSION REGARDING THE USE OF PLASTIC STRAWS ON THE BEACH.
(4:06PM)
Assistant City Manager Hilda M. Fernandez reviewed the issues to be discussed and the
Administrations' recommendation to do one amendment to handle three issues including:
1. Ban Polystyrene products on the beach. This would prohibit Styrofoam on the beach. The
City prohibits its approved beachfront concessionaires from using Styrofoam containers,
so it would just be a matter of ensuring that there is a methodology of having people get
rid of Styrofoam if they come to the beach with it in hand or stopping people before they
get to the beach.
2. Ban plastic straws on the beach. The current beachfront concessionaire agreement does
not allow for plastic straws. This can become complicated as many people may stop
somewhere for a drink with a plastic straw prior to entering the beach. The question is
what level of enforcement is needed. Would it be that no one may have a plastic straw on
the beach or try to address where there is an issue now which appears to be potentially
where you have hotels with pool deck bars/restaurants providing food and beverage
service to beach goers. Since they are not a beachfront concession, they are not
governed under the beachfront concession rules. The recommendation is to amend the
litter ordinance to prohibit any business that delivers or provides service to a beachgoer
onto the beach from delivering any beverage with a straw. In this instance, the business
would be held responsible.
3. Ban commercial handbills in certain areas or under certain conditions as recommended
below:
a. Prohibit the distribution of commercial handbills on the beaches, east of the dunes.
b. Prohibit the distribution of commercial handbills within twenty (20) feet of a sidewalk
cafe.
c. Prohibit the distribution of commercial handbills in the Art Deco Historic District during
High Impact Periods.
Commissioner Tobin asked how the City would plan on enforcing these regulations. Ms.
Fernandez explained that the concessionaires will be handled through the beachfront concession
program and make sure that the businesses that are providing service to people on the beach
also cannot use Styrofoam. It would clearly be done by observation by Code Compliance Officers
including the Quality of Life Code Officers that work a beach detail.
Ms. Fernandez also reviewed what the Administration is doing in terms of open containers
including enforcement. She added that the City is currently working with the Greater Miami
Convention and Visitors Bureau (GMCVB) on a messaging program that will include the open
container warning. The City will provide the messaging on appropriate collaterals (e.g. signs,
decals, table tents, etc.) at no cost to the businesses. Enforcement has been ongoing and will be
enhanced for the Winter Music Conference/Spring Break MEP which has just started. The City is
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also looking at providing this educational messaging in hotel rooms as we near the Memorial Day
Weekend to include not just the open container regulations, but other things they should be aware
of in our city.
In terms of open containers, at the January 19, 2012 joint meeting of the Finance and Citywide
Projects and the Neighborhood/Community Affairs Committees, the issue of the banning of"to-go"
cups was briefly discussed and was referred to the Neighborhood/Community Affairs Committee
for further discussion. A brief discussion regarding the issue was had at the January 30, 2012
Neighborhood/Community Affairs Committee meeting where Marlo Courtney, a representative of
the Ocean Drive Business Association requested that no further action be taken at this time
regarding "to-go" cups, allowing the enhanced enforcement efforts to be implemented and
assessed before taking further action on this matter. Currently, it appears that we are getting
cooperation from businesses not allowing patrons to walk out with drinks.
Commissioner Libbin expressed that he believes the City should do what it can to get rid of
Styrofoam. He stated that he would like to see plastic straws prohibited but would like the City to
look at biodegradable straws as an option for businesses that serve drinks that require a straw.
Commissioner Libbin stated that he wants to have a zero handbill distribution during certain peak
periods.
Code Compliance Division Director Robert Santos-Aiborna spoke. He said that during Memorial
weekend more than 22,000 handbills were recovered by Code officers.
Ms. Fernandez added that within the last few months, the City has received a number of
complaints from both Lincoln Road and Ocean Drive merchants regarding the aggressive
solicitation of sidewalk cafe patrons by employees of various businesses. This solicitation is often
perceived as intrusive and highly disruptive. In addition, the City has also received numerous
complaints that some of the restaurants along both Lincoln Road and Ocean Drive may be
overzealous in the manner in which solicit pedestrians, a practice that may well be aggressive
solicitation. The Administration is seeking guidance from the Committee regarding additional
provisions that may be desired to restrict the time, place and manner in which sidewalk cafe
employees can solicit business from pedestrians. The restrictions would require an amendment
to the Sidewalk Cafe ordinance and will be taking a separate path from litter, Styrofoam, and
straws.
Marlo Courtney spoke.
Commissioner Tobin stated that he would entertain a motion to not renew anyone with a sidewalk
cafe permit without a provision that says they cannot solicit customers. Ms. Fernandez stated that
the ordinance would have to be amended to prohibit the solicitation and, if it is not prohibited, it
may limit the number of hostesses. Commissioner Libbin agreed with Commissioner Tobin in
that the ordinance should be amended.
Mr. Aguila suggested non-renewal for violations of any of the rules and regulations.
Commissioner Libbin made the motion for the City Attorney to draft an amendment to the sidewalk
cafe ordinance to include a prohibition of any type of solicitation by any sidewalk cafe employee.
The motion was seconded by Commissioner Exposito and Commissioner Tobin agreed.
Commissioner Tobin asked for a first reading on the amendment of the sidewalk cafe ordinance
to come to Commission in April.
Carla Probus spoke.
Commissioner Libbin requested to look at two additional concerns. He expressed his concern
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with "truth in advertising" such as advertisements of "specials" that are false. While he doesn't
believe laws need to be amended, but enforcement may somehow need to be adjusted. He also
is concerned with businesses "intentionally" providing "to-go" cups to patrons that are leaving their
establishment with unfinished beverages.
Marlo Courtney spoke and asked Ms. Fernandez to clarify who will be handling enforcement of
certain issues that have been discussed here. Ms. Fernandez explained the current effort being
made to change or add who has authority to enforce certain laws. For example, illegal vending
currently can only be enforced by Police; so the committee will be soon be seeing some revisions,
as requested, to allow Code Compliance to enforce. She added that many violations tracked
through the Special Master process and the Administration will be amending the City Code to
allow certain types of violations be subject to a certain provision and fine schedule. This will be
coming to Commission in March.
Commissioner Libbin made the motion to move the five (5) recommendations move forward to the
March 21, 2012 meeting of the City Commission which include:
1. Prohibit Styrofoam products on our beaches;
2. Prohibit businesses that provide beverage services to persons on the beach from providing
plastic straws;
3. Prohibit the distribution of commercial handbills on our beaches east of the dune;
4. Prohibit the distribution of handbills within twenty (20) feet of a sidewalk cafe; and
5. Prohibit the distribution of commercial handbills in the Art Deco Historic District during High
Impact Periods.
Motion was seconded by Commissioner Exposito.
Paul Janas spoke.
Commissioner Tobin requested an LTC regarding citations issued and the results of prosecution
for litter on the beach.
Commissioner Libbin clarified that when discussion should come up regarding banning "to-go"
cups, his concern is utilizing the "to-go" cups for alcoholic beverages; not all beverages.
ACTION: The Committee moved that the Administration move forward with the five (5)
recommendations to the March 21, 2012 meeting of the City Commission which includes:
1. Prohibit Styrofoam products on our beaches;
2. Prohibit businesses that provide beverage services to persons on the beach from providing
plastic straws;
3. Prohibit the distribution of commercial handbills on our beaches east of the dune;
4. Prohibit the distribution of handbills within twenty (20) feet of a sidewalk cafe; and
5. Prohibit the distribution of commercial handbills in the Art Deco Historic District during High
Impact Periods.
Additionally, the Committee directed the City Attorney to draft an amendment to the sidewalk cafe
ordinance to include a prohibition of any type of solicitation by any sidewalk cafe employee.
Commissioner Tobin requested an LTC regarding citations issued and the results of prosecution
for litter on the beach.
5. DISCUSSION REGARDING THE MIAMI DESIGN PRESERVATION LEAGUE'S PLACEMENT
OF A BARBARA CAPITMAN MEMORIAL BUST IN LUMMUS PARK.
(3:25PM)
Mr. Charles Urstadt, Chairman for the Miami Design Preservation League, stated that his board
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has endorsed and embraces this item.
Michael Kinerk spoke.
Andrew Capitman, son of Barbara Capitman, spoke regarding his mother and the conceptual
plans for the memorial. He added that the family will raise the funds and will comply with all
regulations.
Marlo Courtney spoke.
Chief Deputy City Attorney Raul Aguila reminded the committee of the current moratorium on the
establishments of monuments and memorials. The ordinance amendment establishing the
additional limitations and guidelines for monuments and memorials is coming to the City
Commission in March 2012. He stated that the Committee could certainly take action as to this
request at the committee level, however, the new ordinance will go to Commission first and then
afterwards the Barbara Capitman memorial could be brought back to the Commission.
Commissioner Tobin thanked Mr. Aguila for his input and stated that this will be voted on today
and will go to Commission.
Commissioner Libbin made the motion to move forward with the memorial for Ms. Capitman.
Commissioner Exposito seconded the motion.
Commissioner Tobin stated that Mr. Capitman, Mr. Urstadt, and Mr. Kinerk; those involved in the
memorial project would like to meet with Assistant City Manager Hilda M. Fernandez, so he
requested that she reach out to them to discuss any technical things they need to be aware of.
Commissioner Exposito stated that this is the type of memorial; for people that have impacted and
are a part of this community that should be honored.
ACTION: The Committee unanimously recommended the project move forward to the full City
Commission.
6. DISCUSSION REGARDING MUSS PARK IMPROVEMENTS AND SEAWALL.
(5:52PM)
Commissioner Tobin asked that the committee recommend that the City pay to repair the seawall
at Muss Park so the kayak launch that was approved can proceed.
Commissioner Libbin stated that the committee should recommend that this should be identified
as a high priority during the Capital Budget process.
Mr. Beckmann stated that identifying this as a high priority will move it up on the list.
Commissioner Tobin asked for a hard estimate directly from a seawall contractor; not from a
general contractor. Mr. Beckmann will get an updated estimate from seawall contractor and
Commissioner Libbin stated that they will deal with it in June during the Capital Projects budget
process.
ACTION: The Committee, by consensus moved to identify the Muss Park improvements to the
seawall as a high priority and Mr. Beckmann is to get an updated estimate for the repair from a
seawall contractor for the Capital Projects budget process.
7. DISCUSSION REGARDING SUNRISE PLAZA AND BEACHWALK.
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(5:33PM)
Public Works Director Fred Beckmann advised of the good news that the City now has the permit
for the Sunrise Plaza from Florida Department of Environmental Protection (FDEP) and
anticipates having the facility built by August 2012. He explained that initially the project was
scaled down from its original plan by the FDEP but it is an approved plan.
Carla Probus spoke.
Concern was raised that the residents want to be sure that this project would not include
structures that would allow someone to sit. Mr. Beckmann stated that it has no walls or benches
and that the existing shower will remain. Commissioner Tobin asked Ms. Probus to meet with Mr.
Beckmann to be sure resident concerns are addressed and if there is a problem to report back to
the committee.
Frank Del Vecchio spoke.
Mr. Beckmann explained that the Beachwalk II project for the on-grade pathway from South
Pointe Drive to 5th Street on the west of the dune system is broken into two phases. Phase I
(South Pointe Drive to 3rd Street) is expected to be in construction in January 2013 and confirmed
that it will not have any walls or benches. Phase II will begin after Phase I is completed or upon
receipt of easements from adjacent property owners.
Frank Del Vecchio spoke.
Mr. Beckmann explained the upcoming steps involved in acquiring some necessary easements.
Should some of those not be granted, the City would then propose alternatives to FDEP which
may include requests to relocate portions of the dune. Commissioner Tobin asked Mr. Beckmann
to consult with the City Attorney's Office.
Commissioner Tobin asked the Administration to provide an LTC on who has not agreed to the
easement.
Dr. Morris Sunshine spoke.
Carla Probus spoke.
Commissioner Exposito asked how many feet are in question for the easement.
Discussion continued regarding the amount of setback needed as well as the amount of potential
encroachment into the dune. Commissioner Tobin asked for a status update at the next
Neighborhood/Community Affairs Committee.
ACTION: Action items include:
• A status report at the next meeting of the Neighborhood/Community Affairs Committee.
• Administration to provide an LTC on who has agreed and not agreed to the easement.
(Requested by Commissioner Tobin)
8. DISCUSSION AND UPDATE ON THE CITYWIDE DUNES MAINTENANCE PLAN.
(5:00PM)
Public Works Department Director Fred Beckmann explained that starting in October 2011 the
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City began conducting monthly inspections of the dune system to prioritize maintenance
activities. These monthly inspections include representatives from the Environmental Division,
Greenspace Management Division, Property Management Division, Sanitation Division, Police
Department, Code Compliance, Ocean Rescue, Homeless Outreach Team and Miami-Dade
County Parks and Recreation. The purpose of these inspections is to identify problem or
hotspot areas of overgrown vegetation, cleanliness issues, and homeless activity. This allows
the City to program short-term clean-ups if necessary. Clean-ups are done with volunteers
and some funding is allocated annually to do some of the removal of the invasive planting and
some replanting. While there is not a lot of funding for that, he noted that Administration will
be requesting funding for a long-term maintenance program during the FY 2012/13 capital
budget process.
Commissioner Tobin reminded the committee that he previously asked for a regularly
scheduled maintenance program and asked for a status on working towards a periodic
maintenance of the dunes rather that a short term program. Mr. Beckmann responded that
there are monthly multi-departmental inspections of the dunes to identify problem areas. If the
problem areas are small in nature, they can be taken care of by our Parks Department staff.
Mr. Beckmann stated that he feels the City is doing a fair job at maintaining the dunes
however to do a good job the City needs to fund the capital piece of the program which has an
upfront cost will save money long-term by eliminating the necessity of conducting future
expensive, large-scale removals and will prevent invasive vegetation from re-establishing in
restored locations.
Commissioner Exposito agreed that not only is the removal of the invasive plants important,
but the replanting is necessary for the maintenance of the dunes.
Carla Probus spoke.
Commissioner Tobin requested a status update back to the Neighborhood/Community Affairs
Committee in three months. He added to invite the people from the North end and Deborah
Ruggiero.
Frank Del Vecchio asked who has jurisdiction for maintenance of the dunes south of Fifth Street
and during the course of maintenance and clean-up; if belongings are found left in what appears
to be an encampment without the campers present, what authority does anyone have.
Commissioner Tobin asked that Police Captain Causey be the liaison with the City Attorney's
Office to get that answer for Mr. Del Vecchio. While it is a Federal offense to be in the sea oats of
the dune; Captain Causey stated that it is an arrestable offense, and in the past, he has had
sanitation crews remove items left there by someone arrested.
ACTION: Commissioner Tobin requested a status report be presented back to the
Neighborhood/Community Affairs Committee on the progress of the maintenance of the dunes in
three months.
9. DISCUSSION REGARDING THE STATUS OF THE MAJOR EVENT PLAN FOR THE WINTER
MUSIC CONFERENCE AND SPRING BREAK.
(4:40PM)
Assistant City Manager Hilda M. Fernandez spoke regarding the City's enhanced staffing planned
for the beaches intended to address beach cleanliness, underage drinking, and glass and bottles
on the beach as was done previously. There will be enhanced enforcement for residential
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parking and sanitation. She then referred the committee to the agenda memo for additional stats.
She detailed the peak periods for staffing level enhancements and added that staffing needs are
continually monitored throughout the Major Event Plan period.
Commissioner Tobin asked who should be held responsible in the event that something were to
go wrong for any particular special event. Ms. Fernandez accepted responsibility.
Commissioner Libbin asked if the parking pay stations and meters are checked regularly ..
Parking Department Director Saul Frances stated that they are checked regularly and during high
volume, are checked and emptied more frequently.
Commissioner Libbin also asked for information on the training and utilization of Goodwill
Ambassadors (GWA). Ms. Fernandez reviewed the history of their use and how they are utilized.
Commissioner Tobin asked if they are paid. Customer Service Manager Barbara Hawayek
explained the compensation these volunteers receive. They earn one (1) hour of comp time to be
used at a later date for each hour volunteered for the first eight (8) hours and 1.5 hours for each
hour after that. Additionally, in the event the time is not used by the employee within the year, the
time is forfeited. Commissioner Libbin stated that he would like to look at outsourcing the GWA
program. Ms. Fernandez added that the County also provides GWA to the City at the County's
expense.
Commissioner Exposito asked for a report on the percentage of time that the GWA have actually
taken, compared to time earned for the last three years as well as an estimate of the cost of
outsourcing. Additionally he has some concern with the size of teams he has seen in the past.
He has seen teams of six or seven at a time. Ms. Fernandez explained that the team size is being
evaluated and is anticipated to be assigned as a maximum of three (3).
Carla Probus spoke.
There was some discussion regarding closing the public portion of the parking lot by Nikki Beach
and charge for parking. Mr. Frances stated that it has approximately forty spaces and there is the
issue of paying for an attendant for the lot. Ms. Fernandez suggested doing it on a temporary
basis to see if it generates revenue. Commissioner Tobin stated that he didn't think the revenue
should be the issue if it succeeds in keeping bad people away. Commissioners Libbin and Tobin
stated to do it on a trial basis. Commissioner Tobin advised Ms. Fernandez that while he believes
the consensus of the committee is they would like to see the parking lot attended, however, if she
decides it is not the right thing to do, they will support her decision.
ACTION: The committee directed the Administration to consider the possibility of closing the
public portion of the parking lot by Nikki Beach at Pier Park for attended parking on a trial basis for
the MEP.
Additionally, Commissioner Exposito requested a report on the percentage oftime that the GWA
have actually taken, compared to time earned for the last three years as well as an estimate of the
cost of outsourcing.
10. DISCUSSION REGARDING PARKING AT THE SCOTT RAKOW YOUTH CENTER.
(5:12PM)
Alejandro Fernandez, Aide to CommissionerWeithorn, spoke on behalf of the commissioner and
explained the issue of parking along Pinetree Drive and Sheridan Avenue in the vicinity of the
Scott Rakow Youth Center (SRYC). He stated that the Parking Department has put together a
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night and day parking pilot program that will be in effect to try to solve this problem. Together they
have met with the neighboring Bayshore and Collins Park Homeowners Associations and the
Hebrew Academy. They have reached out to the high school but have not yet been able to meet
with them. He stated that Commissioner Weithorn asked that a status report be brought back to
the Neighborhood/Community Affairs Committee after the 90-day pilot program.
Assistant City Manager Hilda M. Fernandez added that the Administration has been working on
this issue with Commissioner Exposito and meeting with some of the neighborhood associations.
Parking Department Director Saul Frances explained that the concept is to try to manage the
parking that is there now as it is currently unregulated. The recommendation is to install parking
meters. Commissioner Tobin asked what is happening to the additional parking spots that he
recalls were to be built in the swale area near the Hebrew Academy and asked if a temporary lot
has been considered.
Mr. Frances stated that, notwithstanding the potential solution of additional parking spaces at
the Hebrew Academy, there are still some opportunities to manage the spaces on the street.
The addition of parking meters on the street will create some turnover on Pinetree Drive
between 23rd Street and where it meets Sheridan Avenue on the west side as well as on
Sheridan Avenue between 28th Street and where it meets Pinetree Drive. This would be
approximately 46 parking meters. Disabled spaces will be established there as well and some
passenger loading for the school. It is anticipated that not only will this establish some
turnover in the parking but those that park all day while they are working in the Collins Avenue
area will go elsewhere as it would make no sense to park this far away when it is not free. A
three hour time limit would be another disincentive to park here long term.
Ms. Fernandez explained that this is intended as a short-term option. Commissioner Exposito
explained that one of the problems has been that the parking lot at SRYC has been utilized for
staff parking. He had recommended removing employees from the SRYC parking lot, having
them park at the meters on the street and providing them with decals that would allow them to
park at these meters while working at the center. He added another consideration is how to
manage the drop-off for children attending the youth center.
Commissioner Tobin asked Commissioner Exposito how his neighborhood would feel about a
temporary gravel parking lot where the permanent lot is planned. Commissioner Exposito
stated that he did not feel that would be a problem.
John Corey, Co-President of the Bayshore Home Owners Association spoke.
Commissioner Tobin asked what is needed to get a temporary gravel parking lot for the Hebrew
Academy. Assistant City Manager Jorge Gomez stated that one of the triggers may be when they
pull a building permit. Commissioner Tobin asked Mr. Gomez to look into this.
John Corey spoke.
Commissioner Exposito made the motion to proceed with the pilot program and to look into
allowing a temporary gravel parking lot for the Hebrew Academy at their expense. The motion was
seconded by Commissioner Libbin. Commissioner Tobin voted against the parking meters.
Commissioner Tobin, voted against meter suggestion. Commissioner Libbin suggested the
enforcement of the meters begin at 5:00pm. Mr. Frances said that would need to be done
through an ordinance amendment. Mr. Frances and Parks and Recreation Department Director
Kevin Smith stated that they had spoken with the Hebrew Academy and the high school and
found that both had no problem with the meters. Commissioner Libbin reiterated that he is
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supporting the motion and would like Administration to look into adjusting the times for
enforcement of the meters. Commissioner Exposito asked the Administration to provide a
recommendation as to the hours to be enforced.
John Corey asked if the motion could include returning the no parking signs throughout the
Bayshore neighborhood along the Par 3 that were removed recently. Ms. Fernandez reminded
that enforcement is blind and that anyone could be towed, including a resident. Mr. Corey stated
that this has been discussed at his meetings with his neighborhood and that is fine. Mr. Frances
asked for confirmation that the signs will be posted simultaneously to the meter installations to
which both Commissioners Libbin and Exposito agreed.
Motion to adjourn Libbin
ACTION: The Committee moved to direct the Administration to proceed with the pilot program
including returning the no parking signs throughout the Bayshore neighborhood along the Par 3
that were removed recently and to look into allowing a temporary gravel parking lot for the Hebrew
Academy at their expense.
NON-AGENDA ITEM.
(5:52PM)
Carla Probus asked to discuss the issue of cats at South Pointe Park and her request to establish
cat-free zones near and around the playground and the cafes. Commissioner Tobin agreed to
place a referral on the next City Commission Agenda to request a discussion at the
Neighborhood/Community Affairs Committee.
THE MEETING ADJOURNED AT (5:54PM)
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196
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~ (Q (Q MIAMI BEACH • 1 NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE MEETING 1 February 27, 2012 SIGN-IN SHEET. PLEASE PRINT LEGIBLY .... ··.,"' !•: NAME ORGANIZATION I DEPT. PHONE NO. EMAIL ~t\.(?r~,., .5-.&.u£..-"'f'((lt\ t40-E?. r\IA~<!*.t<!e!l~, I I ~l.4?,d/Q.Ht~1~4 PL.~~ ' fY\q:ytW> 50 J, ~l.{ Jt -\AI ... --............ .-:~Lo.,J ,_ --·J..J: .... -........... U ....... t ..... LI: ............. .: ....... ,..,.,J ... ,...t,..,. t ... ,..II •• J. .... 1:. ._ ...... .J. -... .J ... I._. : .............. :L ........ , '-'--:--1 L: .. t-..: ... ----..... : .. . l !7
THIS PAGE INTENTIONALLY LEFT BLANK
200
C7
RESOLUTIONS
201
COMMISSION ITEM SUMMARY
Condensed Title: I A Resolution authorizing the City Manager to apply for and accept the following grants.
Key Intended Outcomes Supported:
1) Ensure value and timely delivery of quality capital projects and maintain City's infrastructure; 2) Increase
community satisfaction with city government; 3} Maximize Miami Beach as a destination brand; and 4)
Ensure value and timely delivery of quality capital projects.
Supporting Data: 2009 Community Survey: 1) Residents surveyed reported they attend City parks and
recreational facilities an average of 3.5 times per month; 2) The Fire Department has experienced a 9%
increase in number of pre-hospital care calls for service from 14,796 in 2000 to 16,153 in 201 0; 3} 24.1% of
residents rated the availability of cultural activities as 'too few', and 24.6% rated the availability of family
friendly activities as "too few'' and 69% of resident believe that the tourism industry contributes 'about the
right amount' to their quality of life, 24% of residents rated Arts and Culture as one of the services the City
should strive not to reduce and approximately 130,000 people attended at Sleepless Night 2009; and 4)
Residents surveyed reported they attend City parks and recreational facilities an average of 3.5 times per
month.
Issue: I Shall the City support the following funding requests and execute the related agreements?
Item Summary/Recommendation:
Approval is requested to submit applications in the approximate amounts listed: 1) Florida Inland Navigation
District (FIND), $1,000,000 for the construction phase of South Point Pier; 2) State of Florida, Department of
Health, $20,000 for equipment related to pre-hospital emergency services; 3) The Association of
Performing Arts Presenters and MetLife Foundation, $25,000 for Sleepless Night 2012; and 4) State of
Florida, Department of Environmental Protection, Land and Water Conservation Fund, $200,000 for the Par
3 Golf Course Master Plan Project; appropriating the above funds and city expenses, if approved and
accepted by the City, and authorizing the execution of all necessary related documents. Adopt the
Resolution.
Advisory Board Recommendation: N/A
Financial Information:
Source # Grant Name/Project Approx Approximate
of GrantAmt Match Amount/Source
funds 1 FIND/South Pointe Pier Phase 2 $1,000,000 $1 ,000,000/S. Pointe Capital
D Construction Funds previously appropriated
for South Pointe Pier project.
2 State of Florida Matching EMS/ $20,000 $5,000/Fire Department FY
Pre-Hospital Equipment 2011/12 Operating Funds
3 Performing Arts Presenters & $25,000 N/A
MetLife/ Sleepless Night 2012
4 State of Florida, Land & Water $200,000 $200,000/ MDC CDT lnterlocal-
Conservation Fund/Par 3 COT/Resort Tax funds
previously appropriated for Par 3
Golf Course Master Plan project.
Financial Impact Summary: N/A
Cit Clerk's Office Le islative Trackin :
Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement
Si n-Offs:
Assistant City Manager
MIAMI BEACH 203
City Manager
AGENDA ITEM C 7fl
DATE 3-:Jf-/2
lD MIAMI BEACH -
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Matti H. Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager ~
DATE: March 21,2012 U (__/
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 THE FOLLOWING GRANT
APPLICATIONS: 1) FLORIDA INLAND NAVIGATION DISTRICT FOR FUNDING
IN THE APPROXIMATE AMOUNT OF $1,000,000 FOR THE CONSTRUCTION
PHASE OF SOUTH POINTE PIER; 2) STATE OF FLORIDA, DEPARTMENT OF
HEALTH, FOR FUNDING IN THE APPROXIMATE AMOUNT OF $20,000 FOR
EQUIPMENT RELATED TO PRE-HOSPITAL EMERGENCY SERVICES; 3) THE
ASSOCIATION OF PERFORMING ARTS PRESENTERS AND METLIFE
FOUNDATION IN THE APPROXIMATE AMOUNT OF $25,000 FOR SLEEPLESS
NIGHT 2012; AND, 4) STATE OF FLORIDA, DEPARTMENT OF
ENVIRONMENTAL PROTECTION, LAND AND WATER CONSERVATION FUND
IN THE APPROXIMATE AMOUNT OF $200,000 FOR THE PAR 3 GOLF
COURSE MASTER PLAN PROJECT; APPROPRIATING THE ABOVE FUNDS,
IF APPROVED AND ACCEPTED BY THE CITY, AND AUTHORIZING THE
EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THESE
APPLICATIONS
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
1. Approval to submit an application to Florida Inland Navigation District (FIND) in
the approximate amount of $1.000,000 for the Construction Phase of South
Pointe Pier
The Florida Legislature created s. 374.976, Florida Statutes in recognition of the importance
and benefits of inland navigation channels and waterways, as well as in acknowledgement
of the problems associated with the construction, continued maintenance and use of these
waterways. This law authorizes and empowers each inland navigation district to undertake
programs intended to alleviate the problems associated with its waterways. The program
that provides funding for these projects is called the Waterways Assistance Program.
The Administration intends to submit an application under this program for the construction
of South Pointe Park Pier, which is the last remaining pier on the Atlantic Ocean side of
Miami Beach.
204
Commission Memorandum
Page2
The project is currently in the Permitting phase with the Environmental agencies. The City
permit process is almost 100% approved. In order to receive an award for this project, the
permits must be in hand by September 2012. The Administration has selected the Weitz,
Construction Manager at Risk firm which will be constructing the Pier and will be entering
into contract for Pre-Construction Services as approved by Commission on February 8,
2011. The Administration aims to negotiate the construction contract by June 2012 and
have the construction contract awarded at the July 18, 2011 Commission meeting. The
construction is projected to commence by September 1, 2012.
In 2009, the City was awarded funding in the amount of $323,077 from FIND for Phase 1 of
the South Pointe Park Pier project which included planning, design and engineering related
to rebuilding the existing pier. The total cost of this project is budgeted at $6.7 million. This
request is for funding is in the approximate amount of $1 million for construction. The grant
requires a $1 :$1 match which is available from previously appropriated South Pointe Capital
Funds for the South Pointe Pier project. This project supports the key intended outcome:
ensure value and timely delivery of quality capital projects.
In accordance with FIND guidelines, Attachment 1, Florida Inland Navigation District's
Resolution for Assistance 2012 under The Florida Inland Navigation District Waterways
Assistance Program Is attached to, and included in this agenda item.
2. Approval to submit an application to the State of Florida. Department of Health for
funding in the approximate amount of $20.000 for equipment related to Pre-Hospital
Emergency Services
The State of Florida EMS Matching grant program provides emergency medical service
providers with funds to acquire, repair improve or upgrade emergency medical services
systems. Funds must be used for the improvement and expansion of emergency medical
services within the list of eligible activities outlined by the State.
The Administration has requested funding in the approximate amount of $20,000 for an Auto
Pulse System, which will to allow Emergency Medical Services personnel to employ a more
effective method for delivering chest compressions.
The grant requires a 25% match of the total project cost. The Fire Department has funding
available in its FY 11/12 operating budget to cover the costs of this match. This grant
supports the key intended outcome: increase community satisfaction with City government.
3. Approval to submit an application to the Association of Performing Arts Presenters
and Metlife Foundation in the approximate amount of $25,000 for Sleepless Night
2012
The Association of Performing Arts Presenters and Metlife Foundation have recently
launched a new program: A/1-ln: Re-imagining Community Participation. The goal of this
program is to support innovative strategies that target the full spectrum of community
members from all generations and populations in community-based performing arts
programs.
One-year grants of up to $25,000 will be awarded to presenting organizations in support of
promising new approaches to community engagement through the performing arts. A total
of $100,000 is available.
205
Commission Memorandum
Page3
The goals of Sleepless Night are to strengthen South Florida's reputation as a top cultural
tourism destination by becoming a major annual signature event, on par with Art Basel
Miami Beach and the South Beach Wine and Food Festival; to build arts audiences,
increase public awareness of the arts and educate the local arts practitioners; create
community through the shared experience of diverse audiences; to forge partnerships of
artists, arts organizations and public and private industry; and to enliven both culturally and
economically the previously depressed final month of hurricane season.
Sleepless Night 2012 will present over 150 free arts and entertainment experiences at 100
different locations concentrated in four zones within the city. Included in the event are free
museum admissions, indoor and outdoor art installations and performances, architectural
tours, dance and dancing, theater, music, slam poetry, film, fashion, acrobatics, comedy and
other cultural offerings. There will be outdoor stages at 5 locations throughout the City.
The Administration intends to apply to the Association of Performing Arts Presenters and
MetLife Foundation for funding in the amount of $25,000 for Sleepless Night 2012. This
grant does not require a match and this project supports the key intended outcome maximize
Miami Beach as a destination brand.
4. Approval to submit an application to the Land and Water Conservation fund in the
approximate amount of $200,000 for the Par 3 Golf Course Master Plan Project
The Par 3 Golf Course Master Plan Project includes the renovation of the existing golf
course and the construction of park amenities such as a jogging trail, playground, water
feature, two tennis courts, lake/wetland preserve and restrooms. This project will help to
improve the use and function of an existing public open space and will beautify the overall
appearance.
The Land and Water Conservation Fund (LWCF) is a competitive program which provides
grants for acquisition or development of land for public outdoor recreation use. The program
is administered by Florida's Department of Environmental Protection (DEP), Division of
Recreation and Parks on behalf of the U.S. Department of the Interior, National Park
Service. LWCF funds may be used for 1) Development: Includes outdoor recreation areas
and facilities such as beaches, picnic areas, trails, ball fields, tennis and basketball courts
and playgrounds along with associated support facilities such as lighting, parking, restrooms
and landscaping; and 2) Acquisition: Land for outdoor recreation purposes. The maximum
grant amount is $200,000.
LWCF assisted park land must be dedicated as a public outdoor recreation area in
perpetuity. Grantees must commit to operate and maintain LWCF assisted public recreation
facilities in reasonable repair for a minimum of 25 years after completion of construction to
prevent undue deterioration. Grantees are allowed up to three years from the effective date
of the agreement to complete development projects.
LWCF maintains the following regulations regarding fees: Fees charged to nonresidents
cannot exceed twice the amount charged to residents. Where there is no charge for
residents, but a fee is charged to nonresidents, nonresident fees cannot exceed fees
charged for residents at comparable state or local public facilities. Reservation, membership
or annual permit systems available to residents must also be available to nonresidents and
the period of availability must be the same for both residents and nonresidents. These
provisions apply only to the recreation areas described in the grant agreement.
206
Commission Memorandum
Page4
The Administration intends to apply to LWCF for $200,000 for the Par 3 project, and will
provide a $200,000 match. The grant and matching funds will partially cover the cost of the
following primary elements:tot lot/playground, jogging trail, tennis court and splash pad; and
support elements: parking lot, restroom. Matching funds are available in MDC COT
lnterlocal-COT/Resort Tax funds for the Par 3 Golf Course Master Plan project. This
project supports the key intended outcome: ensure value and timely delivery of quality
capital projects.
CONCLUSION
The Administration requests approval to authorize the City Manager or his designee to
submit the following grant applications: 1) Florida Inland Navigation District for funding in the
approximate amount of $1,000,000 for the construction phase of South Pointe Pier; and, 2)
State of Florida, Department of Health, for funding in the approximate amount of $20,000 for
equipment related to pre-hospital emergency services; 3) The Association of Performing
Arts Presenters and Metlife Foundation In the approximate amount of $25,000 for Sleepless
Night 2012; and, 4) State of Florida, Department of Environmental Protection, Land and
Water Conservation Fund in the approximate amount of $200,000 for the Par 3 Golf Course
Master Plan Project; appropriating the above funds, if approved and accepted by the City,
and authorizing the execution of all necessary documents related to these applications.
JMG/KGB/JMH
T:\AGENDA\2012\3-21-12\Grants Memo.doc
207
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 THE FOLLOWING GRANT
APPLICATIONS: 1) FLORIDA INLAND NAVIGATION DISTRICT FOR
FUNDING IN THE APPROXIMATE AMOUNT OF $1,000,000 FOR THE
CONSTRUCTION PHASE OF SOUTH POINTE PIER; 2) STATE OF
FLORIDA, DEPARTMENT OF HEALTH, FOR FUNDING IN THE
APPROXIMATE AMOUNT OF $20,000 FOR EQUIPMENT RELATED TO
PRE-HOSPITAL EMERGENCY SERVICES; 3) THE ASSOCIATION OF
PERFORMING ARTS PRESENTERS AND METLIFE FOUNDATION IN THE
APPROXIMATE AMOUNT OF $25,000 FOR SLEEPLESS NIGHT 2012; AND,
4) STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL
PROTECTION, LAND AND WATER CONSERVATION FUND IN THE
APPROXIMATE AMOUNT OF $200,000 FOR THE PAR 3 GOLF COURSE
MASTER PLAN PROJECT; APPROPRIATING THE ABOVE FUNDS, IF
APPROVED AND ACCEPTED BY THE CITY, AND AUTHORIZING THE
EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THESE
APPLICATIONS
WHEREAS, the Florida Legislature created s. 37 4.976, Florida Statutes in
recognition of the importance and benefits of inland navigation channels and waterways,
as well as in acknowledgement of the problems associated with the construction,
continued maintenance and use of these waterways and this law authorizes and
empowers each inland navigation district to undertake programs intended to alleviate the
problems associated with its waterways; and
WHEREAS, the Administration intends to submit an application under this
program for the construction of South Pointe Park Pier, which is the last remaining pier
on the Atlantic Ocean side of Miami Beach; and
WHEREAS, the project is currently in the Permitting phase with the
Environmental agencies and the construction is projected to commence by September 1,
2012;and
WHEREAS, in order to receive an award for this project, the permits must be in
hand by September 2012; and
WHEREAS, in 2009, the City was awarded funding in the amount of $323,077
from FIND for Phase 1 of the South Pointe Park Pier project which included planning,
design and engineering related to rebuilding the existing pier and the total cost of this
project is budgeted at $6.7 million; and
WHEREAS, this request is for funding is in the approximate amount of $1 million
for construction and the grant requires a $1:$1 match which is available from previously
appropriated South Pointe Capital Funds for the South Pointe Pier project; and
208
WHEREAS, this project supports the key intended outcome: ensure value and
timely delivery of quality capital projects; and
WHEREAS, in accordance with FIND guidelines, Attachment 1 Florida Inland
Navigation District's Resolution for Assistance 2012 under The Florida Inland Navigation
District Waterways Assistance Program Is attached to, and included in this agenda item;
and
WHEREAS, approval is therefore requested to submit an application to Florida
Inland Navigation District (FIND) in the approximate amount of $1,000,000 for the
Construction Phase of South Pointe Pier; and
WHEREAS, the State of Florida EMS Matching grant program provides
emergency medical service providers with funds to acquire, repair improve or upgrade
emergency medical services systems and the funds must be used for the improvement
and expansion of emergency medical services within the list of eligible activities outlined
by the State; and
WHEREAS, the Administration has requested funding in the approximate
amount of $20,000 for an Auto Pulse System, which will to allow Emergency Medical
Services personnel to employ a more effective method for delivering chest
compressions; and
WHEREAS, the grant requires a 25% match of the total project cost and the
Fire Department has funding available in its FY 11/12 operating budget to cover the
costs of this match;
WHEREAS, this grant supports the key intended outcome: increase community
satisfaction with City government; and
WHEREAS, approval is therefore requested to submit an application to the State
of Florida, Department of Health for funding in the approximate amount of $20,000 for
equipment related to Pre-Hospital Emergency Services; and
WHEREAS, the Association of Performing Arts Presenters and Metlife
Foundation have recently launched a new program: A/1-/n: Re-imagining Community
Participation and the goal of this program is to support innovative strategies that target
the full spectrum of community members from all generations and populations in
community-based performing arts programs; and
WHEREAS, one-year grants of up to $25,000 will be awarded to presenting
organizations in support of promising new approaches to community engagement
through the performing arts; and
WHEREAS, the goals of Sleepless Night are to strengthen South Florida's
reputation as a top cultural tourism destination by becoming a major annual signature
event, on par with Art Basel Miami Beach and the South Beach Wine and Food Festival;
to build arts audiences, increase public awareness of the arts and educate the local arts
practitioners; create community through the shared experience of diverse audiences; to
forge partnerships; and to enliven both culturally and economically the previously
depressed final month of hurricane season; and
209
WHEREAS, Sleepless Night 2012 will present over 150 free arts and
entertainment experiences at 1 00 different locations concentrated in four zones within
the city. Included in the event are free museum admissions, indoor and outdoor art
installations and performances, architectural tours, dance and dancing, theater, music,
slam poetry, film, fashion, acrobatics, comedy and other cultural offerings; and
WHEREAS, the Administration intends to apply to the Association of Performing
Arts Presenters and MetLife Foundation for funding in the amount of $25,000 for
Sleepless Night 2012; and
WHEREAS, this grant does not require a match and this project supports the key
intended outcome maximize Miami Beach as a destina~ion brand; and
WHEREAS, approval is therefore requested to submit an application to the
Association of Performing Arts Presenters and MetLife Foundation in the approximate
amount of $25,000 for Sleepless Night 2012; and
WHEREAS, the Par 3 Golf Course Master Plan Project includes the renovation
of the existing golf course and the construction of park amenities such as a jogging trail,
playground, water feature, two tennis courts, lake/wetland preserve and restrooms; and
WHEREAS, the Land and Water Conservation Fund (LWCF) is a competitive
program which provides grants for acquisition or development of land for public outdoor
recreation use and the program is administered by Florida's Department of
Environmental Protection (DEP), Division of Recreation and Parks on behalf of the U.S.
Department of the Interior, National Park Service; and
WHEREAS, the maximum grant amount is $200,000; and
WHEREAS, LWCF assisted park land must be dedicated as a public outdoor
recreation area in perpetuity. Grantees must commit to operate and maintain LWCF
assisted public recreation facilities in reasonable repair for a minimum of 25 years after
completion of construction to prevent undue deterioration and grantees are allowed up to
three years from the effective date of the agreement to complete development projects;
and
WHEREAS, LWCF maintains the following regulations regarding fees: Fees
charged to nonresidents cannot exceed twice the amount charged to residents and
where there is no charge for residents, but a fee is charged to nonresidents, nonresident
fees cannot exceed fees charged for residents at comparable state or local public
facilities and reservation, membership or annual permit systems available to residents
must also be available to nonresidents and the period of availability must be the same
for both residents and nonresidents and these provisions apply only to the recreation
areas described in the grant agreement; and
WHEREAS, the Administration intends to apply to LWCF for $200,000 for the
Par 3 project, and will provide a $200,000 match and the grant and matching funds will
partially cover the cost of the following primary elements: tot lot/playground, jogging trail,
tennis court and splash pad; and support elements: parking lot, restroom, and matching
funds for this project are available in previously appropriated MDC CDT lnterlocal -
COT/Resort Tax funds for the Par 3 Golf Course Master Plan project; and
210
WHEREAS, this project supports the key intended outcome: ensure value and
timely delivery of quality capital projects; and
WHEREAS, approval is requested to submit an application to the Land and
Water Conservation fund in the approximate amount of $200,000 for the Par 3 Golf
Course Master Plan Project; and
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) Florida Inland Navigation District for funding in the approximate
amount of $1,000,000 for the construction phase of South Pointe Pier; and, 2) State of
Florida, Department of Health, for funding in the approximate amount of $20,000 for
equipment related to pre-hospital emergency services; 3) The Association of Performing
Arts Presenters and Metlife Foundation In the approximate amount of $25,000 for
Sleepless Night 2012; and 4) State of Florida, Department of Environmental Protection,
Land and Water Conservation Fund in the approximate amount of $200,000 for the Par
3 Golf Course Master Plan Project; appropriating the above funds, if approved and
accepted by the City, and authorizing the execution of all necessary documents related
to these applications.
PASSED and ADOPTED this ___ day of ___ , 2012.
ATTEST:
CITY CLERK
JMG/KGB/JMH
T:\AGENDA\2012\3-21-12\Grants Reso.doc
211
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR execunoN
?>--E"('V
Date
Attachment 1
ATTACHMENT E-6
RESOLUTION FOR ASSISTANCE 2012
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
WHEREAS, THE City of Miami Beach is interested in carrying out the
(Name of Agency)
following described project for the enjoyment of the citizenry of""'""M=iam=I=--=· B=-e=a=c=h _____ _
and the State of Florida:
Project Title South Pointe Pier-Phase II Construction
Total Estimated Cost $..!.42...!4..:::.83=.!..70~2=---------------------
Brief Description of Project:
Construction of South Pointe Pier.
AND, Florida Inland Navigation District financial assistance is required for the program
mentioned above,
NOW THEREFORE, be it resolved by the City of Miami Beach, Florida
(Name of Agency)
that the project described above be authorized,
AND, be it further resolved that said City of Miami Beach, Florida
make application to the Florida Inland Navigation District in the amount of22% of the
actual cost of the project in behalf of said City of Miami Beach, Florida
(Name of Agency)
AND, be it further resolved by the City of Miami Beach, Florida
(Name of Agency)
that it certifies to the following:
1. That it will accept the terms and conditions set forth in FIND Rule 66B-2
F.A.C. and which will be a part ofthe Project Agreement for any assistance awarded under
the attached proposal.
2. That it is in complete accord with the attached proposal and that it will carry out
the Program in the manner described in the proposal and any plans and specifications attached
thereto unless prior approval for any change has been received from the District.
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) (1)
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)
212
3. That it has the ability and intention to finance its share of the cost of the project
and that the project will be operated and maintained at the expense of said City of Miami Beach,
Florida
(Name of Agency)
for public use.
4. That it will not discriminate against any person on the basis of race, color or
national origin in the use of any property or facility acquired or developed pursuant to this
proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of
1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes
relating to accessibility by handicapped persons as well as other federal, state and local
laws, rules and requirements.
5. That it will maintain adequate financial records on the proposed project to
substantiate claims for reimbursement.
6. That it will make available to FIND if requested, a post-audit of expenses
incurred on the project prior to, or in conjunction with, request for the final1 0% of the
funding agreed to by FIND.
This is to certify that the foregoing is a true and correct copy of a resolution duly and
legally adopted by the Mayor and City Commission of the City of Miami Beach at a legal
meeting held on this ____ day of _______ 20
Attest
Title
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
J\ t(ll..-
~ City Attomef\1... Date
Signature
Title
(2)
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)
213
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214
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission approving an escrow agreement between
the City and Jose R. Romero in the amount of $200,000 from the sale of certain Homestead
properties to be used for the rehabilitation and compliance with code violations on the Miami
Beach properties located at 6955 Carlyle Avenue; 8119 Crespi Boulevard; and 8230 Byron
Avenue and authorizing the City Manager to take such action and execute any and all
necessary documents.
Ke Intended Outcome Supported:
Increase resident's satisfaction with level of Building Enforcement.
Supportin Data:
(Surveys, Environmental Scan, etc.}: 61% of residents are satisfied with fairness and
consistenc of enforcement of codes and ordinances.
Issue:
Shall the Mayor and City Commission approve Resolutions approving this Escrow
A reement?
Item Summary/Recommendation:
Jose R. Romero is the owner of three Miami Beach properties with numerous unpaid building
and code compliance violations: 6955 Carlyle Avenue; 8110 Crespi Boulevard; and 8230
Byron Avenue. The City of Miami Beach has recorded numerous liens, including a lien for
unpaid Resort Taxes, against these properties and all other properties owned by Jose
Romero in Miami-Dade County.
Mr. Romero is now selling his properties in Homestead to the Dade County Public Schools
and needs our liens to be removed from these properties. In order to allow the sale of the
properties in Homestead, the City of Miami Beach and Jose Romero have agreed on an
Escrow Agreement.
The Escrow Agreement provides for the sum of $200,000.00 to be held in escrow for a
period of two (2) years. The $200,000.00 is non-refundable. The sum of $100,000.00 will be
set aside for Mr. Romero to use for rehabilitating the Miami Beach Properties, and the sum of
$100,000.00 will be set aside and applied to the outstanding fines, should Mr. Romero
request mitigation once the Miami Beach Properties are brought into compliance within two
(2) years of the effective date of the Escrow Agreement
Advisory Board Recommendation:
Financial Information:
Source of I I Amount I Account
Funds: I I I
~--~--------~------------------------------------~ Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Sign-Offs:
GPE
Department
Director
Assistant City Manager
POW I JS
C9 MIAMI BEACH 215
JMG
City Manager
AGENDA ITEM C-7 f3
DATE 3 -,;?-./-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 Ci y Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: March 21, 2012 ~
SUBJECT: A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AN ESCROW AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND JOSE R. ROMERO TO
ESCROW $200,000 FROM THE SALE OF 204 NORTH FLAGLER AVENUE,
HOMESTEAD, FLORIDA; 550 NORTH FLAGLER AVENUE, HOMESTEAD,
FLORIDA; 610 NORTH FLAGLER AVENUE, HOMESTEAD, FLORIDA; AND
700 NORTH FLAGLER AVENUE, HOMESTEAD, FLORIDA; IN ORDER TO
FACILITATE THE REHABILITATION OF AND COMPLIANCE WITH
OUTSTANDING CODE VIOLATIONS ON THE REAL PROPERTY LOCATED
AT 6955 CARLYLE AVENUE, MIAMI BEACH, FLORIDA; 8119 CRESPI
BOULEVARD, MIAMI BEACH, FLORIDA; AND 8230 BYRON AVENUE, MIAMI
BEACH, FLORIDA OWNED BY JOSE R. ROMERO; AND FURTHER
AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution authorizing the execution of the Escrow Agreement as described.
ANALYSIS
Jose R. Romero is the owner of the following properties: 6955 Carlyle Avenue, Miami Beach,
Florida; 8110 Crespi Boulevard, Miami Beach, Florida; and 8230 Byron Avenue, Miami Beach,
Florida (the "Miami Beach Properties.") The Miami Beach Properties are the subject of
numerous building and code compliance violations. In its governmental and regulatory capacity,
the City of Miami Beach recorded numerous liens, including a lien for unpaid Resort Taxes, in
the public records of Miami-Dade County, Florida. These liens attach to all real property owned
by Jose Romero.
On repeated occasions, City of Miami Beach staff has met with Mr. Romero to discuss bringing
the Miami Beach Properties into compliance. However, due to the nature of the violations and
the cost of bringing the Miami Beach Properties into compliance, Mr. Romero has not had the
financial means to do so.
In addition to the Miami Beach Properties, Mr. Romero is the owner of the following properties:
204 North Flagler Avenue, Homestead, Florida; 550 North Flagler Avenue, Homestead, Florida;
610 North Flagler Avenue, Homestead, Florida; and 700 North Flagler Avenue, Homestead,
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Florida (the "Homestead Properties.")
The Homestead Properties are encumbered by the City of Miami Beach's liens. In order for Mr.
Romero to sell the Homestead Properties and convey clear title, Mr. Romero contacted staff to
discuss releasing the Homestead Properties from the City of Miami Beach liens. In addition to
the City of Miami Beach liens, the Homestead Properties are encumbered by a mortgage and
other municipal liens.
In order to facilitate the closing on the Homestead Properties and in exchange for the City of
Miami Beach issuing a partial release of lien only as to the Homestead Properties, Mr. Romero
agreed that the total proceeds received from this sale, in the amount of $200,000.00, would be
held in escrow by the City of Miami Beach with the City of Miami Beach acting as the escrow
agent.
The purpose of the Escrow Agreement is to ensure that the Miami Beach Properties are brought
into compliance and that Mr. Romero would not be able to use the proceeds from the sale of the
Homestead Properties for anything other than rehabilitating the Miami Beach Properties.
The Escrow Agreement provides for the sum of $200,000.00 to be held in escrow for a period of
two (2) years. The $200,000.00 is non-refundable. Of the funds in escrow, $100,000.00 will be
set aside for Mr. Romero to use for rehabilitating the Miami Beach Properties, and the sum of
$100,000.00 will be set aside and applied to the outstanding fines, should Mr. Romero request
mitigation once the Miami Beach Properties are brought into compliance within two (2) years of
the effective date of the Escrow Agreement.
In the event that Mr. Romero fails to comply with the terms of the Escrow Agreement, any
unused escrowed funds will be forfeited to the City of Miami Beach and all City of Miami Beach
liens will remain on the Miami Beach Properties.
The Escrow Agreement also provides for payment in full to satisfy the Resort Tax Lien.
ADIMINISTRATION RECOMMEDATION
Adopt the Resolution authorizing the City Manager to execute the Escrow Agreement.
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RESOLUTION NO. 2012-____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AN ESCROW
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND JOSE
ROMERO TO ESCROW FUNDS FROM THE SALE OF 204 NORTH
FLAGLER AVENUE, HOMESTEAD, FLORIDA; 550 NORTH FLAGLER
AVENUE, HOMESTEAD, FLORIDA; 610 NORTH FLAGLER AVENUE,
HOMESTEAD, FLORIDA; AND 700 NORTH FLAGLER AVENUE,
HOMESTEAD, FLORIDA; IN ORDER TO FACILITATE THE
REHABILITATION OF AND COMPLIANCE WITH OUTSTANDING
CODE VIOLATIONS ON THE REAL PROPERTY LOCATED AT 6955
CARLYLE AVENUE, MIAMI BEACH, FLORIDA; 8119 CRESPI
BOULEVARD, MIAMI BEACH, FLORIDA; AND 8230 BYRON AVENUE,
MIAMI BEACH, FLORIDA OWNED BY JOSE ROMERO; AND
FURTHER AUTHORIZING THE CITY MANAGER TO TAKE SUCH
ACTION AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS.
WHEREAS, Jose Romero is the owner of certain properties located in the City of
Miami Beach, Florida, to wit:
6955 Carlyle Avenue;
8119 Crespi Boulevard; and
8230 Byron Avenue
(the "Miami Beach Properties); which are in violation of numerous City of Miami Beach
Code provisions and for which the City of Miami Beach recorded liens for
noncompliance; and
WHEREAS, in its governmental and regulatory capacity, the City of Miami Beach
is requiring Jose Romero to comply with the City of Miami Beach Code and make the
necessary repairs to the Miami Beach Properties; and
WHEREAS, Jose Romero is the owner of certain properties located in the City of
Homestead, Florida, to wit:
204 North Flagler Avenue;
550 North Flagler Avenue;
610 North Flagler Avenue; and
700 North Flagler Avenue
(the "Homestead Properties"); and
WHEREAS, the City of Miami Beach and Jose Romero have agreed that the
sum of $200,000.00 is required for releasing the Homestead Properties from the City
Liens.
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WHEREAS, the City of Miami Beach and Jose Romero have agreed that the
sum of $200,000.00 shall be held by the City of Miami Beach in Escrow (the "Escrowed
Money") in consideration for issuing Partial Releases of Liens; and
WHEREAS, the City of Miami Beach and Jose Romero now agreed that the City
of Miami Beach shall be the escrow agent {the "Escrow Agent") and that the Escrowed
Money is being created to facilitate the rehabilitation of and compliance with all code
violations on the City of Miami Beach Properties; and
WHEREAS, it is in the best interest of the City of Miami Beach to enter into the
attached Escrow Agreement, Exhibit "A."
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
That the Mayor and the City Commission hereby authorize the City Manager to
enter into the Escrow Agreement between the City of Miami Beach and Jose Romero to
escrow funds from the sale of 204 North Flagler Avenue, Homestead, Florida; 550 North
Flagler Avenue, Homestead, Florida; 610 North Flagler Avenue, Homestead, Florida;
and 700 North Flagler Avenue, Homestead, Florida; in order to facilitate the
rehabilitation of and compliance with outstanding code violations on the real properties
located at 6955 Carlyle Avenue, Miami Beach, Florida; 8119 Crespi Boulevard, Miami
Beach, Florida; and 8230 Byron Avenue, Miami Beach, Florida owned by Jose Romero;
and further authorizing the City Manager to take such action and execute any and all
necessary documents.
PASSED AND ADOPTED this ___ day of------' 2012.
ATTEST: APPROVED:
City Clerk Mayor
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ESCROW AGREEMENT
THIS ESCROW AGREEMENT (the "Agreement") is made and entered into as
of the _ day of December, 2011 ("Effective Date") between Jose R. Romero
("ROMERO") and the City ofMiami Beach, Florida (the "City" or "Escrow Agent.")
RECITALS
A. ROMERO is the owner of certain properties located in the City of Miami
Beach and located at:
6955 Carlyle A venue, Miami Beach, Florida;
8119 Crespi Boulevard, Miami Beach, Florida; and
8230 Byron Avenue, Miami Beach, Florida (the "Miami Beach
Properties");
which are in violation of numerous City of Miami Beach Code provisions and for which
the City recorded liens for noncompliance. A list of the liens recorded in Public Records
by the City is attached hereto as Exhibit "A" (the "City Liens").
B. In its governmental and regulatory capacity, the City is requmng
ROMERO to comply with the City of Miami Beach Code and make the necessary repairs
to the Miami Beach Properties to comply with the attached violations.
C. The City has agreed to issue a partial release of lien (the 'Partial Release
of Lien") only as to the properties owned by ROMERO, listed below, and as legally
described in Exhibit "B" (the "Homestead Properties"):
204 North Flagler A venue, Homestead, Florida;
550 North Flagler Avenue, Homestead, Florida;
610 North Flagler Avenue, Homestead, Florida; and
700 North Flagler Avenue, Homestead, Florida;
upon the receipt of TWO HUNDRED THOUSAND DOLLARS AND 00/100
($200,000.00) from the sale of the Homestead Properties. The Partial Release of Lien
shall be in writing and in recordable form to be delivered to the Clerk of the Court for
recording. ROMERO shall be responsible for the cost of recordation.
D. Upon the sale of the Homestead Properties, the City shall also receive a total
amount due by ROMERO for Resort Tax Liens, in the amount of FOUR THOUSAND
EIGHT HUNDRED TWENTY FIVE and 00/100 Dollars ($4,825.00). This payment is
considered a payoff in full. The Satisfaction of Lien shall be in writing and in recordable
form to be delivered to the Clerk of Court for recording. ROMERO shall be responsible
for the cost of recordation.
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NOW, THEREFORE, in consideration of the premises and for other good and
valuable consideration, the receipt and sufficiency of which hereby acknowledged, the
parties hereby agree as follows:
1. The City and ROMERO agree that the foregoing recitals are true and
correct and are incorporated herein as if repeated at length.
2. The City and ROMERO have agreed that the sum of $4,825.00 is required
for releasing the Homestead Properties from the City's Resort Tax Liens.
3. The City and ROMERO have agreed that the sum of $200,000.00 1s
required for releasing the Homestead Properties from the City Liens.
4. The City and ROMERO agree that the sum of $200,000.00 shall be held
by the City in Escrow as consideration for issuing the Partial Release of Lien (the
"Escrowed Money").
5. The City and ROMERO agree that the City will open two (2) separate
accounts with the Escrowed Money, as more particularly set forth in Sections 7(a) and (b)
hereof.
6. The City and ROMERO agree that the City shall not be obligated to invest
the Escrowed Money in an interest-bearing account.
7. The City and ROMERO agree that the City shall be the escrow agent
("Escrow Agent") and that the Escrowed Money is being created for the following
purposes:
a. REP AIRS/COMPLIANCE: The sum of ONE HUNDRED
THOUSAND AND 00/100 Dollars ($100,000.00) is non-refundable and is to be held by
the City in escrow for a period not to exceed two (2) years from the Effective Date of this
Agreement, to be used solely by ROMERO for remediation of all violations on the
Miami Beach Properties and for bringing all violations into compliance. The City shall
allow ROMERO to request draws against the Escrowed Money, upon proof that each
stage of the work has been completed, or for the purpose of obtaining permits from
regulatory authorities. Should ROMERO fail to bring the Miami Beach Properties into
compliance within the two (2) years :from the Effective Date of this Agreement,
ROMERO shall forfeit the $100,000.00 completely and the monies shall be released to
the City. In the event that the total amount of the repairs and cost for bringing the Miami
Beach Properties into compliance is less than $100,000.00, then ROMERO agrees to
release the balance of the Escrowed Monies to the City at the end of the two (2) year
period; and
b. PENDING MITIGATION: The sum of ONE HUNDRED
THOUSAND AND 00/100 Dollars ($100,000.00) is non-refundable and shall be held by
the City in escrow for a period not to exceed two (2) years from the Effective Date of this
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Agreement, for the purpose of affording ROMERO the opportunity to request mitigation
of all existing fines on the Code violation cases issued by the City against ROMERO on
the Miami Beach Properties. Should ROMERO fail to mitigate the liens on the Miami
Beach Properties within the two (2) years from the Effective Date of this Agreement,
ROMERO shall forfeit the $100,000.00 completely and the monies shall be released to
the City. In the event that ROMERO obtains compliance with all violations on the
Miami Beach Properties and is successful in his request for mitigation, the $100,000.00
will be used as a credit toward the mitigated amount.
8. Notices. All notices required or permitted to be given hereunder shall be
in writing and sent by overnight delivery service (such as Federal Express), in which case
notice shall be deemed given on the day after the date sent, or by personal delivery, in
which case notice shall be deemed given on the date received, or by certified mail, in
which case notice shall be deemed given three (3) days after the date sent, or by fax (with
copy by overnight delivery service), in which case notice shall be deemed given on the
date sent, to the appropriate address indicated below or at such other place or places as
either Buyer or Seller may, from time to time, respectively, designate in a written notice
given to the other in the manner described above.
If to ROMERO: Jose R. Romero
204 N. Flagler Avenue
Homestead, Florida 33033
Telephone No.:305-910-1814
Facsimile: ------------------
Ifto City: Office ofthe City Attorney
City of Miami Beach
1700 Convention Center Drive. Fourth Floor
Miami Beach, Florida 33139
Attn: Jose Smith, City Attorney
Telephone: 305-673-7470
Facsimile: 305-673-7002
If to Escrow Agent: Patricia D. Walker, Chief Financial Officer
City of Miami Beach
1700 Convention Center Drive, Third Floor
Miami Beach, Florida
Telephone: 305-673-7000, ext. 6461
Each party shall have the right to change the address or name of the person to
whom such notices are to be delivered by notice to the other party.
9. The terms and conditions of this Agreement shall inure to the benefit of and be
binding upon the permitted successors and assigns of each of the parties hereto.
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10. This Agreement may be modified only by a written amendment signed by all
parties hereto.
11. This Agreement shall be construed and enforced according to the laws of the
State ofFlorida.
12. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the
same instrument.
13. ROMERO hereby acknowledges that he has been represented by legal
counsel of his choice, namely Marc D. Kleiner, Esq., Kleiner & Cazeau, P.L., 18305
Biscayne Boulevard, Suite 302 Aventura, Florida 33160.
14. Each party represents and acknowledges that this Agreement has been
entered into freely and voluntarily and that there has been no undue influence or duress
brought by either party, and that each party is aware of and understands the contents and
implications hereof and acknowledges the same.
15. All understandings and agreements heretofore made between the parties are
merged in this Agreement. There are no oral promises, conditions, representations,
understandings, interpretations or terms of any kind as conditions or inducements to the
execution of this Agreement in effect between the parties. No change or modification of
this Agreement shall be valid unless the same is in writing and signed by the parties
hereto. No waiver of any of the provisions of this Agreement shall be valid unless the
same is in writing and is signed by the party against which it is sought to be enforced and
shall be valid only for the particular time and circumstances for which it is obtained.
16. Escrow Agent agrees to perform the duties of Escrow Agent under this
Agreement and to hold and disburse the Escrowed Money strictly in accordance with the
provisions hereof.
17. In performing any of its duties under this Agreement, or upon the claimed
failure to perform its duties hereunder, Escrow Agent shall not be liable to anyone for
damages, losses or expenses which may occur as a result of Escrow Agent's so acting, or
failing to act; except, however, Escrow Agent shall be liable for damages arising out of
its willful default or gross negligence under this Agreement. Accordingly, Escrow Agent
shall not incur any such liability with respect to (i) any good faith act or omission upon
advice of counsel given with respect to any questions relating to the duties and
responsibilities of Escrow Agent, hereunder, or (ii) any good faith act or omission in
reliance upon any document, including any written notice or instructions provided for in
the Agreement, not only as to its due execution and to the validity and effectiveness of its
provisions but also as to the truth and accuracy of any information contained therein,
which Escrow Agent shall in good faith believe to be genuine, to have been signed or
presented by the proper person or persons and to conform with the provisions of this
Agreement.
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18. The Escrow Agent shall not be liable in any manner for the sufficiency or
correctness as to the form, manner of execution or validity of any written instructions
delivered to it, nor as to the identity, authority or rights of any person executing same.
The duties of the Escrow Agent shall be limited to compliance with the written terms of
this Agreement or to disbursement of the funds received hereunder in accordance with
the written instruction described above. The Escrow Agent undertakes to perform only
such duties as are expressly set forth herein, and no implied duties or obligations shall be
read into this Agreement against the Escrow Agent. Upon the Escrow Agent's disbursing
the Escrow Money in accordance with the provisions hereof, the escrow shall terminate
as regards such Escrow Money, and Escrow Agent shall thereafter be release and relieved
of and from any and all liability and obligation hereunder in connection therewith.
19. If any dispute or difference arises between ROMERO, the City, the Escrow
Agent, or any person, or if conflicting demands shall be made upon the Escrow Agent,
Escrow Agent may file a suit in interpleader in the Circuit Court of Miami-Dade County,
Florida for the purpose of having the respective rights of the parties adjudicated and
deposit with the Court any or all funds held hereunder. Upon the institution of such
interpleader suit or other action and the deposit of such funds with the Court and the
giving of notice thereof to the parties thereto by personal service or in accordance with
the order of the Court, Escrow Agent shall be fully released and discharged from all
further obligations hereunder with respect to the funds so deposited. ROMERO agrees to
pay to Escrow Agent, on demand, any and all costs and reasonable attorneys' fees
incurred by Escrow Agent in connection with such interpleader or other action and to
indemnify and hold and save Escrow Agent harmless from any and all loss, costs,
damage or liability hereunder not arising from willful misconduct or gross negligence of
the Escrow Agent.
20. In connection with any litigation arising out of this Agreement, the prevailing
parties in such litigation shall be entitled to recover from the defeated parties, all costs
incurred, including reasonable attorneys' fees, and all costs and attorneys' fees on appeal
including costs and attorneys' fees it is required to pay the Escrow Agent pursuant to this
Agreement.
IN WITNESS WHEREOF, this Agreement has been signed on behalf of the
parties hereto as of the day and year first above written.
Approved
Jorge M. Gonzalez, City Manager
Date Executed: ________ , 2011
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APPROVED AS TO
fORM & LANGUAGt
& FOR EXECUTION
Exhibit "A"
Property Address located at: 6955 Carlyle Avenue, Miami Beach, Florida:
1. Special Master Case# JC080000140 (ORB 27691 page 1154)
Department Violation: CE07007010
2. Special Master Case# JC090000751 (ORB 27183 page 1614)
Department Violation: CE09001150
3. Special Master Case# JC09000752 (ORB 27099 page 4306)
Department Violation: CE09002202
4. Special Master Case# JC06000774 (ORB 25285 page 2715)
Department Violation: CE06000505
5. Special Master Case# JC03000276 (ORB 26923 page 361)
Department Violation: CE02004840
6. Special Master Case# JC09000534 (ORB 27000 page 3114)
Department Violation: CE09002201
7. Special Master Case# JC09000533 (ORB 27000 page 3115)
Department Violation: CE09002200
8. Special Master Case# JC06000944 (ORB 25538 page 892)
Department Violation: CE06000506
9. Special Master Case# JC08000140 (ORB 27691 page 1154)
Department Violation: CE07007010
10. Special Master Case# JB09000175 (ORB 26960 page 1944)
Department Violation BV09000153
11. Special Master Case# JB09000176 (ORB 26960 page 1945)
Department: BV09000154
12. Special Master Case#: JB08000479 (ORB 26996 page 4742)
Department Violation: BV08000735
Property Address located at: 8119 Crespi Blvd., Miami Beach, Florida:
1. Special Master Case# JC03000845 (ORB 22509 page 4893)
Department Violation: CE03002797
2. Special Master Case# JC 03000845 (ORB 21985 page 4782)
Department Violation: CE03002797
Property Address located at: 8230 Byron A venue, Miami Beach, Florida:
1. Special Master Case# JC 11000419 (ORB 27810 page 1774)
Department Violation: CE 1001001
2. Special Master Case# JB1100037l(ORB 27703 page 1824)
Department Violation BV10001009
3. Special Master Case# JB04000046 (ORB 22904 page 4381)
Building Violation: BV04000027
4. Special Master Case# JB080000191(0RB 26672 page 355)
Department Violation# BV08000307
5. Special Master Case# JC02000357 (ORB 20493 page 1744)
Code Violation: CE 02001092
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Exhibit "B"
PARCEL 1: 204 North Flagler A venue, Homestead, Florida
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-
QUARTER OF SECTION 18, TOWNSHIP 57 SOUTH, RANGE 39 EAST; THENCE
N89°10'43"E, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER,
A DISTANCE OF 13833 FEET; THENCE N00°49'17"W, A DISTANCE OF 30.00
FEET; THENCE N89°10'43"E, A DISTANCE OF 226.51 FEET TO A POINT SAID
POINT ALSO BEING A POINT ON THE ARC OF A NON-TAN GENT CIRCULAR
CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID
POINT BEARS N53°58'23"W); THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE, HAVING FOR ITS ELEMENTS A RADIUS OF 1050.00 FEET, A
CENTRAL ANGLE OF 05°30'35", A CHORD DISTANCE OF 100.93 FEET, A
CHORD BEARING OF N33°16'20"E, AN ARC DISTANCE OF 100.97 FEET;
THENCE N30°31'02"E, A DISTANCE OF 200.00 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF A TANGENT CIRCULAR CURVE
CONCAVE TO THE SOUTHEAST HAVING FOR ITS ELEMENTS A RADIUS OF
950.00 FEET, A CENTRAL ANGLE OF 10°45'25", A CHORD DISTANCE OF 178.10
FEET, A CHORD BEARING OF N35°53'44"E, AN ARC DISTANCE OF 178.36 FEET;
THENCE N41°16'27"E, A DISTANCE OF 45537 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE N41 °16'27"E, A DISTANCE OF 505.00 TO A
POINT; THENCE S48°26,09"E, A DISTANCE OF 140.00 FEET TO A POINT;
THENCE RUN S4 1 °16'27"W, A DISTANCE OF 505.00 FEET TO A POINT;
THENCE RUN N48°26'09"W, A DISTANCE OF 140.00 FEET TO THE POINT OF
BEGINNING. SAID PARCEL CONTAINS 1623 ACRES, MORE OR LESS.
PARCEL 2: 550 North Flagler Avenue, Homestead, Florida
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-
QUARTER OF SECTION 18, TOWNSHIP 57 SOUTH, RANGE 39 EAST; THENCE
N89°10'43"E, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER,
A DISTANCE OF 13833 FEET; THENCE N00°49'17"W, A DISTANCE OF 30.00
FEET; THENCE N89°10'43"E, A DISTANCE OF 226.51 FEET TO A POINT, SAID
POINT ALSO BEING A POINT ON THE ARC OF A NON-TANGENT CIRCULAR
CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID
POINT BEARS N53°58'23"W); THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE, HAVING FOR ITS ELEMENTS A RADIUS OF 1050.00 FEET, A
CENTRAL ANGLE OF 05°30'35", A CHORD DISTANCE OF 100.93 FEET, A
CHORD BEARING OF N33° 16'20"E, AN ARC DISTANCE OF 100.97 FEET;
THENCE N30°31'02"E, A DISTANCE OF 200.00 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF A TANGENT CIRCULAR CURVE
CONCAVE TO THE SOUTHEAST, HAVING FOR ITS ELEMENTS A RADIUS OF
950'00 FEET, A CENTRAL ANGLE OF ,10°45'25", A CHORD DISTANCE OF 178.10
FEET. A CHORD BEARING OF N35°53'44"E, AN ARC DISTANCE OF 17836 FEET;
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THENCE N41 °16'27"E, A DISTANCE OF 1,715.34 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE N41°16'27"E, A DISTANCE OF 316.99 FEET
TO A POINT; THENCE S48°43'33"E, A DISTANCE OF 140.00 FEET TO A POINT;
THENCE RUN S41°16'27"WW, A DISTANCE OF 316.99 FEET TO A POINT;
THENCE RUN N48°43'33"W, A DISTANCE OF 140.00 FEET TO THE POINT OF
BEGINNING. SAID PARCEL CONTAINS 1.018 ACRES, MORE OR LESS.
PARCEL 3: 610 North Flagler Avenue, Homestead, Florida
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-
QUARTER OF SECTION IS, TOWNSHIP 57 SOUTH, RANGE 39 EAST; THENCE
N89°10'43"E, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER,
A DISTANCE OF 138.33 FEET; THENCE N00°49' 17"W, A DISTANCE OF 30.00
FEET; THENCE N89°10'43"E, A DISTANCE OF 226.51 FEET TO A POINT, SAID
POINT ALSO BEING A POINT ON THE ARC OF A NON-TANGENT CIRCULAR
CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID
POINT BEARS N53°58'23"W): THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE, HAVING FOR ITS ELEMENTS A RADIUS OF 1050.00 FEET, A
CENTRAL ANGLE OF 05°30'35", A CHORD DISTANCE OF 100.93 FEET, A
CHORD BEARING OF N33°16'20"E, AN ARC DISTANCE OF 100.97 FEET;
THENCE N30°31'02"E, A DISTANCE OF 200.00 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF A TANGENT CIRCULAR CURVE
CONCAVE TO THE SOUTHEAST, HAVING FOR ITS ELEMENTS A RADIUS OF
950.00 FEET, A CENTRAL ANGLE OF 10°45'25", A CHORD DISTANCE OF 178.10
FEET, A CHORD BEARING OF N35°53'44"E, AN ARC DISTANCE OF 178.36
FEET; THENCE N41°16'27"E, A DISTANCE OF 2,032.33 FEET TO THE POINT OF
BEGINNING, THENCE CONTINUE N41 °16'27"E, A DISTANCE OF 289.06 FEET
TO A POINT; THENCE N41 °16'35"E, A DISTANCE OF 52.61 FEET TO A POINT;
THENCE S48°43'33"E, A DISTANCE OF 140.00 FEET TO A POINT; THENCE RUN
S41 °16'35"W, A DISTANCE OF 52.61 FEET TO A POINT; THENCE RUN
S41 °16'27"W, A DISTANCE OF 289.06 FEET TO A POINT; THENCE RUN
N48°43'33"W, A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1.098 ACRES, MORE OR LESS.
PARCEL 4: 700 North Flagler A venue, Homestead, Florida
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-
QUARTER OF SECTION 18, TOWNSHIP 57 SOUTH, RANGE 39 EAST; THENCE
N89°10'43"E, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER,
A DISTANCE OF 138.33 FEET; THENCE N00°49'1 7"W, A DISTANCE OF 30.00
FEET; THENCE N89°10'43"E, A DISTANCE OF 226.51 FEET TO A POINT. SAID
POINT ALSO BEING A POINT ON THE ARC OF A NON-TANGENT CIRCULAR
CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID
POINT BEARS N53°58'23"W; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE HAVING FOR ITS ELEMENTS A RADIUS OF 1050.00 FEET, A
CENTRAL ANGLE OF 05°30'35", A CHORD DISTANCE OF 100.93 FEET, A
CHORD BEARING OF N33°16'20"E, AN ARC DISTANCE OF 100.97 FEET;
THENCE N30°31'02"E, A DISTANCE OF 200.00 FEET; THENCE
8
227
NORTHEASTERLY ALONG THE ARC OF A TANGENT CIRCULAR CURVE
CONCAVE TO THE SOUTHEAST, HAVING FOR ITS ELEMENTS A RADIUS OF
950.00 FEET, A CENTRAL ANGLE OF 10°45'25", A CHORD DISTANCE OF 178.10
FEET, A CHORD BEARING OF N35°53'44"E, AN ARC DISTANCE OF 178.36
FEET; THENCE N41 °16'27"E, A DISTANCE OF 2321.39 FEET; THENCE
N41°16'35"E, A DISTANCE OF 52.61 FEET TO THE POINT OF BEGINNING;
THENCE NORTHEASTERLY ALONG THE ARC OF A TANGENT CIRCULAR
CURVE CONCAVE TO THE SOUTHEAST, HAVING FOR ITS ELEMENTS A
RADIUS OF 950.00 FEET, A CENTRAL ANGLE OF 12°26'11 ", A CHORD
DISTANCE OF 205.80 FEET, A CHORD BEARING OF N47°29'41"E, AN ARC
DISTANCE OF 206.20 FEET; THENCE N53°42'46"E, A DISTANCE OF 200.00
FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A TANGENT
CIRCULAR CURVE CONCAVE TO THE NORTHWEST, HAVING FOR ITS
ELEMENTS A RADIUS OF 1050.00 FEET, A CENTRAL ANGLE OF 12°26'11 ", A
CHORD DISTANCE OF 227.46 FEET, A CHORD BEARING OF N47°29'40"E, AN
ARC DISTANCE OF 227.91 FEET; THENCE N41°16'35"E, A DISTANCE OF 43.17
FEET TO AN INTERSECTION OF A LINE LYING 35.00 FEET SOUTH OF AND
PARALLEL WITH THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF
THE AFOREMENTIONED SECTION 18; THENCE RUN N89°10'46"E, ALONG THE
SAID LINE, A DISTANCE OF 40.83 FEET TO THE EAST LINE OF THE
NORTHWEST QUARTER OF THE AFOREMENTIONED SECTION 18; THENCE
S0°24'41 "E, A DISTANCE OF 29.63 FEET; THENCE S41 °16'35"W, A DISTANCE OF
674.43 FEET; THENCE N48°43'33"W, A DISTANCE OF 140.00 FEET TO THE
POINT OF BEGINNING. SAID PARCEL CONTAINS 1.42 ACRES, MORE OR LESS.
LESS AND EXCEPT FROM THE ABOVE DESCRIBED PARCEL THAT PORTION
TAKEN BY THE ACCESS RAMP FOR CAMPBELL DRIVE AND DESCRIBED AS
FOLLOWS: COMMENCE AT THE NE CORNER OF THE NW 1/4 OF SECTION 18,
TOWNSHIP 57 SOUTH, RANGE 39 EAST; THENCE RUN WESTERLY ALONG
THE NORTH LINE OF SAID SECTION 18 WITH A BEARING OF S89°10'46"W, A
DISTANCE OF 9.46 FEET TO A POINT; THENCE RUN S41 °16'35"W, A DISTANCE
OF 47.17 FEET TO THE POINT OF BEGINNING OF THE PORTION BEING
DESCRIBED HEREON; THENCE CONTINUE S41 °16'35"W, A DISTANCE OF 18.62
FEET TO A POINT; THENCE RUN S48°45'E, A DISTANCE OF 50.00 FEET TO A
POINT; THENCE RUN N41 °16'35"E, A DISTANCE OF 23.84 FEET TO A POINT;
THENCE RUN N0°24'41 "W, ALONG THE EAST LINE OF THE NW 1/4 OF SAID
SECTION 18, A DISTANCE OF 29.63 FEET TO A POINT; THENCE RUN
WESTERLY ALONG A LINE BEING 35 FEET SOUTH OF AND PARALLEL TO
THE NORTH LINE OF SAID SECTION 18, WITH A BEARING OF S89°10'46"W, A
DISTANCE OF 40.83 FEET TO THE POINT OF BEGINNING. SAID LESS AND
EXCEPT PORTION CONTAINS AN AREA OF 1,666.5 SQUARE FEET, MORE OR
LESS.
9
228
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE SETTLEMENT IN THE AMOUNT OF $15,000.00
FOR CITY LIENS ON PROPERTY OWNED BY MUSEUM WALK APARTMENTS, LLC,
LOCATED AT 2315 PINE TREE DRIVE, 2335 PINE TREE DRIVE, 2365 PINE TREE
DRIVE, 320 24TH STREET, 2370 FLAMINGO DRIVE, AND 2380 FLAMINGO DRIVE, IN
THE ORIGINAL AMOUNT OF $256,918.20, AND FURTHER AUTHORIZING THE CITY
MANAGER TO TAKE SUCH ACTION AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS TO COMPLETE SUCH LIEN RELEASE AND SETTLEMENT
Ke Intended Outcome Sup orted:
(Surveys, Environmental Scan, etc.): 61% of residents are satisfied with fairness and
consistenc of enforcement of codes and ordinances.
Issue:
Shall the Mayor and City Commission approve Resolutions approving this settlement
a reement?
Item Summary/Recommendation:
Museum Walk Apartments, LLC is the owner of the following properties in Miami Beach:
2315 Pine Tree Drive, 2335 Pine Tree Drive, 2335 Pine Tree Drive, 2365 Pine Tree Drive,
320 241h Street, 2370 Flamingo Drive, and 2380 Flamingo Drive. Since 1998 the City of
Miami Beach has recorded numerous liens against these properties and all other properties
currently owned by Museum Walk.
On January 28, 2009, Resolution No. 2009-26990 was signed, which approved the
settlement on three properties owned/controlled by Alan Lieberman, including 2315 Pine
Tree Drive. The then existing lien on 2315 Pine Tree Drive was in the amount of
$229,715.16, and with Commission approval, was settled for $3,000.00.
The recommendation of the Commission could not be implemented until all violations had
been brought into compliance and were resolved by the Commission at a closed executive
session.
In light of the prior settlement discussions and the age of the liens, it is recommended that
these liens be settled in the amount of $15,000.00, as part of a global settlement.
Advisory Board Recommendation:
Financial Information:
Source of l I Amount I Account
Funds: 1'--=-_ _,_I ___ -.LI ________________ --l
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Sign-Offs:
Department
Director
MIAMIB
Assistant City Manager
j
CH 229
JMG
City Manager
AGENDA ITEM
DATE
C7C
3-:J.!-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 ommission
FROM: Jorge M. Gonzalez, City Manager
DATE: March 2.t, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AN CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE SETTLEMENT IN THE AMOUNT OF
$15,000.00 FOR CITY LIENS ON PROPERTY OWNED BY MUSEUM WALK
APARTMENTS, LLC, LOCATED AT 2315 PINE TREE DRIVE, 2335 PINE TREE
DRIVE, 2365 PINE TREE DRIVE, 320 24TH STREET, 2370 FLAMINGO DRIVE, AND
2380 FLAMINGO DRIVE, IN THE ORIGINAL AMOUNT OF $256,918.20, AND
FURTHER AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO COMPLETE SUCH LIEN
RELEASE AND SETTLEMENT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution as described.
ANALYSIS
Museum Walk Apartments, LLC ("Museum Walk") is the owner of the following properties: 2315
Pine Tree Drive, 2335 Pine Tree Drive, 2335 Pine Tree Drive, 2365 Pine Tree Drive, 320 241h
Street, 2370 Flamingo Drive, and 2380 Flamingo Drive, Miami Beach, Florida, (the "Properties").
The Properties were united by way of a Unity of Title recorded on February 22, 2011 in Official
Records Book 27596, at Page 4471 of the Public Records in Miami-Dade County, Florida
In its governmental and regulatory capacity, the City of Miami Beach recorded numerous liens, in
the public records of Miami-Dade County, Florida. These liens related back to violations dating
back to as far as 1998. These liens attach to all real property currently owned by Museum Walk.
In 2007, then Assistant City Manager met with Alan Lieberman's designee to discuss settlement
of all existing liens on various properties owned by Alan Lieberman, including two properties
which are now part of the Museum Walk properties. However, during these discussions, it
became apparent that a full settlement could not be reached, since additional violations were
found on the Properties.
A portion of these liens were resolved and the issue of settlement was brought before the
Commission in January, 2009. On January 28, 2009, Resolution No. 2009-26990 was signed,
which in relevant part, approved the settlement on three properties owned/controlled by Alan
230
Lieberman, including 2315 Pine Tree Drive. The then existing lien on 2315 Pine Tree Drive was
in the amount of $229,715.16, and with Commission approval, was settled for $3,000.00.
The subsequent violations that prevented the recommendation to the Commission have been
brought into compliance and are the subject of resolution by the Commission at a closed
executive session.
In light of the prior settlement discussions and the age of the liens, it is recommended that these
liens, while significant in total, be settled in the amount of $15,000.00, as part of a global
settlement.
ADIMINISTRA TION RECOMMEDATION
Adopt the Resolution authorizing the City Manager to execute any and all documents necessary
to complete such lien release and settlement.
2
231
RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
SETTLEMENT IN THE AMOUNT OF $15,000.00 FOR CITY
LIENS ON PROPERTY OWNED BY MUSEUM WALK
APARTMENTS, LLC, LOCATED AT 2315 PINE TREE DRIVE,
2335 PINE TREE DRIVE, 2365 PINE TREE DRIVE, 320 24TH
STREET, 2370 FLAMINGO DRIVE, AND 2380 FLAMINGO
DRIVE, IN THE ORIGINAL AMOUNT OF $256,918.20, AND
FURTHER AUTHORIZING THE CITY MANAGER TO TAKE
SUCH ACTION AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS TO COMPLETE SUCH LIEN RELEASE AND
SETTLEMENT.
WHEREAS, the properties located at 2315 Pine Tree Drive, 2335 Pine
Tree Drive, 2365 Pine Tree Drive, 320 24th Street, 2370 Flamingo Drive, and
2380 Flamingo Drive, Miami Beach, Florida (the "Properties") have accumulated
fines, in the amount of $256,918.20; and
WHEREAS, the Properties are owned by Museum Walk Apartments, LLC
and the individual parcels have been united by way of a Unity of Title recorded
on February 22, 2011 in Official Records Book 27596, at Page 4471 of the Public
Records in Miami-Dade County, Florida; and
WHEREAS, the Properties have outstanding liens for building code
violations and code compliance violations in the amount of $256,918.20; and
WHEREAS, in review of the history and nature of the violations, the
amount of the liens accumulated exceed the appropriate penalty; and
WHEREAS, the payment of $256,918.20 would be disproportionate to the
nature of the violations; and
WHEREAS, in light of these circumstances, the Administration
recommends that the City Commission approve a $15,000.00 settlement amount
for these Properties as a penalty more in keeping with the nature of the
violations.
232
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 the settlement in the amount of
$15,000.00 for the City liens on property owned by Museum Walk Apartments,
LLC, located at 2315 Pine Tree Drive, 2335 Pine Tree Drive, 2365 Pine Tree
Drive, 320 24th Street, 2370 Flamingo Drive, and 2380 Flamingo Drive, in the
original amount of $256,918.20, and further authorizing the City Manager to take
such action and execute any and all necessary documents to complete such lien
release and settlement.
PASSED and ADOPTED this __ day of ______ , 2012.
ATTEST:
CITY CLERK
233
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION'"
THIS PAGE INTENTIONALLY LEFT BLANK
234
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution lifting the moratorium on naming requests, accepting the recommendation of the Neighborhoods/
Community Affairs Committee to erect a memorial honoring Barbara Baer Capitman to be installed in Lummus Park
and setting a public hearing to be scheduled for the City Commission meeting of April11, 2012.
Key Intended Outcome Supported:
Increase community satisfaction with City government
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 5% of residents
and 68% of businesses rated Miami Beach city government as excellent or good in meeting their needs and
expectations.
Issue: I Shall the Mayor and City Commission adopt the resolution?
Item Summary/Recommendation:
In an April 11, 2011 correspondence sent to Mayor Matti Herrera Bower, a request was made by the Miami Design
Preservation League (MDPL) to place a memorial in Lummus Park recognizing Barbara Capitman's many contributions
and accomplishments. The item was referred to the Neighborhood/Community Affairs Committee by the Commission at
the January 11, 2012 meeting. The memorial request was discussed at the Committee's February 27, 2012 meeting.
Prior to taking action on the request, the Committee recommended exempting the proposed memorial from the
moratorium on naming requests that was recommended by the Neighborhood/Community Affairs Committee at its
January 11, 2011 meeting, pending the adoption of guidelines to limit these requests in the future. The
recommendation for the moratorium, and the request for the Administration to draft guidelines to limit these requests,
was also approved by the City Commission at its February 9, 2011 meeting. As directed, the Administration and City
Attorney's Office prepared an amendment of the City's Naming Ordinance, which includes the requested additional
guidelines, and which has been included in the March 21, 2012 City Commission meeting on first reading.
At the February 27, 2012, Committee meeting, after recommending the exemption on the moratorium, the Committee
unanimously recommended the setting of a public hearing, as required pursuant to Section 82-504 of the City Code,
recommending erection of the Capitman memorial to be installed in Lummus Park. As part of this resolution (given the
fact that the Naming Ordnance amendment will also be considered at this Commission Meeting and, further, in order to
avoid an appearance, whether direct or indirect, of being arbitrary), the City Attorney's Office recommends lifting the
moratorium on naming requests altogether (rather than just exempting the Capitman Memorial proposal) and set the
public hearing to consider such request to be scheduled for the City Commission meeting of April11, 2012.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1
I I
2
3
OBPI Total
Financial Impact Summary: The Capitman Family has committed to underwrite the proposed memorial.
Ci Clerk's Office Le islative Trackin :
Kevin Smith, Parks & Recreation Director
Si n-Offs:
Department Director City Manager
KS JMG
T:\AGENDA\2012\3-21-12\Setting of Public Hearing-Barbara Capitman Memorial Bust-Approval Summary 3-21-12.do
MIAMI BEACH 235
AGENDA ITEM ----:L----=7--:D---:-_
DATE J-J./-/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
DATE: March 21, 2012
SUBJECT: A RESOLUTION OF THE MAYOR CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, LIFTING THE
MORATORIUM ON NAMING REQUESTS AND, FOLLOWING
WHICH, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD AND COMMUNITY AFFAIRS COMMITTEE TO
ERECT A MEMORIAL HONORING BARBARA CAPITMAN, IN
THE FORM OF A BRONZE BUST RESTING ON A TERRAZZO
PLINTH, TO BE INSTALLED IN THE 1100 BLOCK OF LUMMUS
PARK, AND FURTHER SETTING A PUBLIC HEARING TO
CONSIDER SUCH REQUEST TO BE SCHEDULED FOR THE
CITY COMMISSION MEETING OF APRIL 11,2012.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
KEY INTENDED OUTCOME SUPPORTED
Increase community satisfaction with City government
BACKGROUND
In an April 11, 2011 correspondence sent to the attention of Mayor Matti Herrera Bower
from the Miami Design Preservation League (MDPL) and signed by the Capitman
Memorial Committee Chairman Michael Kinerk, a request was made for the approval to
place a memorial recognizing Barbara Capitman in the 1100 block of Lummus Park
honoring Ms. Capitman for her many contributions and accomplishments including
creating the world famous Art Deco District, being the founder of the Miami Design
Preservation League and her involvement in the worldwide movement to preserve Art
Deco. (Attached please see a copy of the April 11, 2011 correspondence and a
conceptual design/site plan of the proposed memorial).
ANALYSIS
the MDPL request was subsequently referred by the City Commission to the
Neighborhood/Community Affairs Committee (NCAC) at the City Commission meeting of
January 11, 2012 and as required by City Code, the placement of the memorial honoring
Ms. Capitman was discussed by the at its February 27, 2012 Committee meeting.
236
Commission Memorandum
March 21, 2012
Lifting Moratorium on Naming and Setting of Public Hearing for Capitman Memorial
Page 2 of4
Prior to taking action on MDPL's request to erect the memorial honoring Ms. Capitman,
the Committee was advised of the existing moratorium on naming requests; so being
advised, it recommended exempting the proposed memorial from said moratorium which
was initially recommended by the Committee last year at its January 11, 2011 meeting,
pending the adoption of guidelines to limit these requests in the future. It should also be
noted that the recommendation for the moratorium on naming requests, and the request
for the Administration to draft guidelines to limit these requests, was also approved by
the City Commission at its February 9, 2011 meeting. As directed, the Administration
and City Attorney's Office have prepared an amendment of the City's Naming
Ordinance, which includes the requested additional guidelines, and which is forwarded
to the City Commission, for consideration on first reading, as a separate agenda item on
the March 21, 2012 City Commission meeting agenda.
At the February 27, 2012, NCAC meeting, the members unanimously recommended
approving the memorial in honor of Ms. Capitman. Accordingly, setting of a public
hearing is required pursuant to Section 82-504 of the City Code. It is recommended the
public hearing to consider the MDPL's request to erect a monument honoring Ms.
Capitman in Lummus Park be scheduled for the City Commission meeting of April 11,
2012.
Following an approval to proceed with the Capitman memorial the following steps will be
taken as presently stipulated under Section 82-504 -Monuments or memorials of the
City Code:
• (6) Notice of a public hearing regarding the establishment of the monument or
memorial shall be published at least 10 days prior to the hearing in a newspaper
of general circulation in the city;
• (7) At the close of the public hearing, the city commission may approve the
establishment of the monument or memorial. In approving the establishment, the
commission shall be governed by its established selection criteria. Additionally,
any proposal to establish a monument or memorial must be approved by a five-
sevenths vote of the city commission.
• (8) Upon approval of the establishment of the monument or memorial, the city
commission shall forward the proposal to the arts in public places committee.
The arts in public places committee will then make recommendations to the city
commission regarding the location, aesthetic quality, maintenance, and other
related issues, in accordance with the established criteria.
Given the fact that the amendment for the Naming Ordinance will also be considered on
first reading at the March 21, 2012 Commission Meeting and, further in order to avoid an
appearance, whether direct or indirect, of being arbitrary, the City Attorney's Office
recommends that the City Commission hereby lift the moratorium on naming requests
altogether (rather than just exempting the Capitman memorial proposal).
CONCLUSION
The Administration recommends the adoption of the attached Resolution which lifts the
moratorium on naming requests and accepts the recommendation of the
Neighborhood/Community Affairs Committee honoring Barbara Capitman, in the form of
a bronze bust resting on a terrazzo plinth, to be installed in the 11 00 block of Lummus
Park; and further sets a public hearing to consider the request to be scheduled for the
City 5,~ission meeting of April 11, 2012.
J~S
T:\AGENDA\2012\3-21-12\Setting of Public Hearing-Ba2J 'lapitman Memorial Bust-Approval Commission Memo 3-
Commission Memorandum
March 21, 2012
Lifting Moratorium on Naming and Setting of Public Hearing for Capitman Memorial
Page 3 of4
' ·:
(!, llll'lf'Jir4A/ lllhd'md
fANIIJHI' 1).1 ")..{)~~
(I/ A,
MIAMI DESIGN PAESEAVAnON LEAGUE
1001 Ocean Drive, Miami Beaclt,FI. P.O. BOX 190180, Miami Beach, PL 33119-0180
www.mdpl.org Phono; (30.5) 67!2-201<1
The Honorable Matti Herrera Bower·
Mayor, the City of Miami Beach
Miami Beach, Florlda33139
Dear Mayor Bower:
April11, 2011
We are writing to you to make a formal proposal that a memorial be e~d to honor
Barbara Beer Capltman, (1920·1990), the person most responsible for creating our world-
famous Art Deco Historic District, and also founder ofthe Miami Design Preservation League
and a worldwide movement to preserve Art Deco. We· believe the memorial should be
placed In Lummus Park to recognize forever the contribution she made to the People and
City of Miami Beach, Florida, as well as the American historic preservation movemf!!nt and
global appreciatiGn of the Art Deco style, The Miami Beach Art Deco" District which stie
promulgated has become a world-recognized destination and centerpiece In a sustained
revival of Miami Beach's tC?Urlsm lndust~ and our city's quality of life •
. The capltman family has COI"flmltted to underwrite the proposed memorial. We have
re1alned Laurlnda Spear of ARQU/TECTONICAGEOto plan the memorial. It would consist of
a bronze b~st of Barbara sculpted around 1940 by her mother, (the artist Myrtle Bachrach
Beer), resting on a terrazzo plinth to be located within Lummus Perk. . ·
Barbara Beer Capltman's creative and courageous genius deserves such a permanent
memorial. When she founded the Miami Design Preservation League In 1976, Miami Beach's ·
touristic appeal had reached a low point. Trained as an art historian and with a long career.
as a writer on design and a publidst for Industrial designers, Barbara ·Identified the
architecturally-significant character of our"1930s buildings, organized surveys required to
attain historic district status and set In motion the process that granted national recognition
for the South Beach neighborhood when It was declared the nation's first Twentieth
Century Historic District In 1979 •
. Our Board has unanimously endorsed the concept of this memoria!. In making this proposal,
MDPL looks forward to working with all Miami Beach elected officials and city executives to
bring the Barbara Beer capltman Memorial to reality. We would be most grateful if you
also_ endorse this concept and act to move It for.Nard through appropriate channels.
M,lchael D. Klnerk . ·
Chairman, MD~L ~pH:man Me!llo~ial-comm~:·
MDPL Ch11/rman Emeritus ·
,: ·.'• .·
I '
238
Commission Memorandum
March 21, 2012
Lifting Moratorium on Naming and Setting of Public Hearing for Capitman Memorial
Page 4 of4
RESOLUTION NO.-----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, LIFTING THE MORATORIUM ON NAMING
REQUESTS AND, FOLLOWING WHICH, ACCEPTING THE
RECOMMENDATION OF THE NEIGHBORHOOD AND COMMUNITY
AFFAIRS COMMITTEE TO ERECT A MEMORIAL HONORING BARBARA
CAPITMAN, IN THE FORM OF A BRONZE BUST RESTING ON A
TERRAZZO PLINTH, TO BE INSTALLED IN THE 1100 BLOCK OF
LUMMUS PARK, AND FURTHER SETTING A PUBLIC HEARING TO
CONSIDER SUCH REQUEST TO BE SCHEDULED FOR THE CITY
COMMISSION MEETING OF APRIL 11,2012.
WHEREAS, in an April 11, 2011 correspondence sent to the attention of Mayor Matti
Herrera Bower, a request was made by the Miami Design Preservation League (MDPL) to place
a memorial in the 11 00 block of Lummus Park recognizing Barbara Capitman's many
contributions and accomplishments with respect to historic preservation in the City of Miami
Beach; and
WHEREAS, the item was subsequently referred by the City Commission to the
Neighborhood/Community Affairs Committee at the City Commission meeting of January 11,
2012; and
WHEREAS, as required by City Code, the placement of the memorial honoring Ms.
Capitman was discussed at THE February 27, 2012 Committee meeting; and
WHEREAS, prior to taking action on MDPL's request to erect the memorial honoring Ms.
Capitman, the Committee was advised of the existing moratorium on naming requests; so being
advised, it recommended exempting the proposed memorial from said moratorium (which
moratorium was initially recommended by the Committee at its January 11, 2011 meeting,
pending the adoption of guidelines to limit these requests in the future); and
WHEREAS, the recommendation for the moratorium on naming requests, and the
request for the Administration to draft guidelines to limit these requests, was also approved by
the City Commission at its February 9, 2011 meeting; and
WHEREAS, as directed, the Administration and City Attorney's Office have prepared an
amendment to the City's Naming Ordinance, which includes the requested additional guidelines,
and which will be forwarded to the City Commission, for consideration on first reading, as a
separate agenda item at the March 21, 2012 City Commission meeting; and
WHEREAS, at its February 27, 2012, the Committee unanimously recommended the
memorial in honor of Ms. Capitman; accordingly, the setting of a public hearing is now required
pursuant to Section 82-504 of the City Code; and
WHEREAS, said public hearing is to be scheduled for the City Commission meeting of
April 11, 2012; and
240
WHEREAS, as part of this Resolution (given the fact that the amendment for the Naming
Ordinance will also be considered at this Commission Meeting and further, in order to avoid an
appearance, whether direct or indirect, of being arbitrary), the City Attorney's Office
recommends that the City Commission hereby lift the moratorium on naming requests
altogether (rather than just exempting the Capitman memorial proposal).
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby lift the moratorium on naming requests and, following which, accept the
recommendation of the Neighborhood/Community Affairs Committee to erect a memorial
honoring Barbara Capitman, in the form of a bronze bust resting on a terrazzo plinth, to be
installed in the 11 00 block of Lummus Park, and further set a public hearing to consider such
request, with such hearing to be scheduled for the City Commission meeting of April 11, 2012.
PASSED and ADOPTED this----day of March, 2012.
ATTEST:
ROBERT PARCHER, CITY CLERK
MATTI HERRERA BOWER
MAYOR
F:\RCPA\$ALL\Previous\KEVIN\Commission 2012\3-21-2012\Setting of Public Hearing -Barbara Capitman Memorial Bust -
Resolution 3-21-12-RA 3-7-12.doc
241
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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242
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission amending Resolution No. 201 0-27513, to correct a
scrivener's error by retroactively approving the $20 event parking flat rate for non-residents at certain
attended Municipal Surface Lots, for FY2011/2012 and future years, during high impact events,
including Spring Break and Memorial Day Weekend; with said rate having been deemed to have
commenced and became effective as of October 1, 2011, and to continue in effect in subsequent
years, until otherwise amended.
Key Intended Outcome Supported:
Improve Parking Availability; Maintain Financial Health and Overall Bond Rating.
Supporting Data (Surveys, Environmental Scan, etc.):
77.2% of respondents rate the availability of parking across the City as too little. Availability of
_parking was one of the changes residents identified to Make Miami Beach better to live, work or play.
Issue:
Whether to approve the Parking Flat Rate.
Item Summary/Recommendation:
Major events such as Spring Break and Memorial Day Weekend have a large impact on the City by
attracting large crowds. These large crowds create nuisances such as noise, litter, illegal parking, etc.
which adversely impact our residents' quality of life. By extension, municipal parking facilities are also
impacted. There are a number of initiatives and operational enhancements underway by Police,
Sanitation; Code Enforcement; and the Parking Department to address the parking, litter, and noise
violations. A key initiative that has been successful in the past was the establishment of the
referenced flat parking rates for non-residents and residents. The City Code allows the City Manager
or his designee the authority to establish a flat parking rate during the City's annual budget process.
As per Chapter 106, entitled "Traffic and Vehicles," Article II, entitled "Metered Parking," Division 1,
entitled "Generally," Section 106-55, entitled "Parking Rates, Fees, And Penalties;" Section (I) entitled
"Exceptions": (1) Flat Parking Rate. A flat rate parking rate for non-residents and for residents of the
city (photo identification required) may be established during the city's annual budget process, as
recommended by the city manager and approved by the city commission, at certain attended
municipal garages and surface lots which have been identified by the city manager to be in the best
interest of the community's health, safety, and welfare. On September 20, 2010, the Mayor and City
Commission approved Resolution No. 2010-27513, increasing the event flat rate for non-residents
(from $18) as follows: $20 from October 1, 2010, through February 28, 2011; $25 from March 1, 2011,
through May 31, 2011; $20 from June 1, 2011, through September 30, 2011; the resident flat rate of
$6.00 for event parking remained the same. This rate structure was successful last year as it
addressed peak demand periods, including Spring Break and Memorial Day Weekend which require
increased resources to maintain appropriate levels of service. However, the intent of Resolution No.
2010-27513 was to have the periods specified above roll over from year to year, or until such time as
a further amendment to the rates is approved. In other words, the term "through September 30, 2011"
should have been omitted from the Resolution, in order for the $20 non-resident event rate, effective
as of June 1, 2011, to continue in effect for subsequent years _{or until amend.edj.
Advisory Board Recommendation:
I N/A
Financial Information·
Source of Amount Account
Funds: 1
I I 2
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Saul Frances, Parking_ Director
Sign-Offs: .A
Department Director ~istant City ~rJ_ager L 1--
~£~
\AGENDA\2012\3-21-12\PkgEventRate.sum.docx ()U u T:
MIAMI BEACH
243
Approved
City Manager
ex-:;< u (_)
AGENDA ITEM _L-_7_£~
DATE .3--~/-I 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 C""fJ-6
March 21, 2012 U
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2010·27513,
TO CORRECT A SCRIVENER'S ERROR BY RETROACTIVELY
APPROVING THE $20 EVENT PARKING FLAT RATE FOR NON-
RESIDENTS AT CERTAIN ATTENDED MUNICIPAL SURFACE LOTS, FOR
FY 2011/2012 AND FUTURE YEARS, DURING HIGH IMPACT EVENTS,
INCLUDING SPRING BREAK AND MEMORIAL DAY WEEKEND; WITH
SAID RATE HAVING BEEN DEEMED TO HAVE COMMENCED AND
BECAME EFFECTIVE AS OF OCTOBER 1, 2011, AND TO CONTINUE IN
EFFECT IN SUBSEQUENT YEARS, UNTIL OTHERWISE AMENDED.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Major events such as Spring Break and Memorial Day Weekend have a large impact on
the City by attracting large crowds. These large crowds create nuisances such as noise,
litter, illegal parking, etc. which adversely impact our residents' quality of life. By
extension, municipal parking facilities are also impacted.
There are a number of initiatives and operational enhancements underway by Police,
Sanitation; Code Enforcement; and the Parking Department to address the parking,
litter, and noise violations. A key initiative that has been successful in the past was the
establishment of the referenced flat parking rates for non-residents and residents.
The City Code allows the City Manager or his designee the authority to establish a flat
parking rate during the City's annual budget process.
As per Chapter 106, entitled "Traffic and Vehicles," Article II, entitled "Metered Parking,"
Division 1, entitled "Generally," Section 106-55, entitled "Parking Rates, Fees, And
Penalties;" Section (I) entitled "Exceptions":
( 1) Flat Parking Rate. A flat rate parking rate for non-residents and for
residents of the city (photo identification required) may be established
244
Commission Memorandum
March 21, 2012
Parking Flat Rate
Page 2 of2
during the city's annual budget process, as recommended by the city
manager and approved by the city commission, at certain attended
municipal garages and surface lots which have been identified by the city
manager to be in the best interest of the community's health, safety, and
welfare.
On September 20, 2010, the Mayor and City Commission approved Resolution No.
2010-27513, increasing the event flat rate for non-residents (from $18) as follows:
Non-Resident Rate:
$20 from October 1, 2010, through February 28, 2011
$25 from March 1, 2011, through May 31, 2011
$20 from June 1, 2011, through September 30, 2011
Miami Beach Resident Rate
$6.00 at all times the facility is attended.
This rate structure was successful last year as it addressed peak demand periods,
including Spring Break and Memorial Day Weekend, which require increased resources
to maintain appropriate levels of service. However, the intent of Resolution No. 201 0-
27513 was to have the periods specified above roll over from year to year, or until such
time as a further amendment to the rates is approved. In other words, the term "through
September 30, 2011" should have been omitted from the Resolution, in order for the $20
non-resident event rate, effective as of June 1, 2011, to continue in effect for subsequent
years (or until amended).
CONCLUSION
The Administration is requesting that the Mayor and City Commission amend Resolution
No. 2010-27513, to correct a scrivener's error by retroactively approving the $20 event
parking flat rate for non-residents at certain attended municipal surface lots, for FY
2011/2012 and future years, during high impact events, including Spring Break and
Memorial Day Weekend; with said rate having been deemed to have commenced and
became effective as of October 1, 2011, and to continue in effect in subsequent years,
until otherwise amended.
JMG/JGG/SF/rar
t:\agenda\2012\3-21-12\pkgeventrate.mem.docx
245
RESOLUTION NO. ____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO.
2010-27513, TO CORRECT A SCRIVENER'S ERROR BY
RETROACTIVELY APPROVING THE $20 EVENT PARKING FLAT
RATE FOR NON-RESIDENTS AT CERTAIN ATTENDED MUNICIPAL
SURFACE LOTS, FOR FY 2011/2012 AND FUTURE YEARS, DURING
HIGH IMPACT EVENTS, INCLUDING SPRING BREAK AND
MEMORIAL DAY WEEKEND; WITH SAID RATE HAVING BEEN
DEEMED TO HAVE COMMENCED AND BECAME EFFECTIVE AS OF
OCTOBER 1, 2011, AND TO CONTINUE IN EFFECT IN SUBSEQUENT
YEARS, UNTIL OTHERWISE AMENDED.
WHEREAS, Section 1 06-55( 1) of the City Code provides that a "flat rate parking rate for
non-residents and for residents of the city (photo identification required) may be established
during the city's annual budget process, as recommended by the city manager and approved by
the city commission, at certain attended municipal garages and surface lots which have been
identified by the city manager to be in the best interest of the community's health, safety, and
welfare"; and
WHEREAS, on September 20, 2010, the City Commission approved Resolution No.
2010-27513, increasing the event flat rate for non-residents (from $18) as follows:
$20 from October 1, 2010, through February 28, 2011;
$25 from March 1, 2011, through May 31, 2011;
$20 from June 1, 2011, through September 30, 2011; and
WHEREAS, the resident flat rate of $6.00 for event parking remained the same; and
WHEREAS, this rate structure was successful last year as it addressed peak demand
periods, including Spring Break and Memorial Day Weekend, which require increased resources
to maintain appropriate levels of service; and
WHEREAS, the intent of Resolution No. 2010-27513 was to have the periods specified
above roll over from year to year, or until such time as a further amendment to the rates is
approved; and
WHEREAS, the term "through September 30, 2011" should have been omitted from the
Resolution, in order for the $20 non-resident event rate, effective as of June 1, 2011, to continue
in effect for subsequent years (or until amended).
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 amend Resolution No. 2010-27513, to correct a scrivener's error by
retroactively approving the $20 event parking flat rate for non-residents at certain attended
municipal surface lots, for FY 2011/2012 and future years, during high impact events, including
Spring Break and Memorial Day Weekend; with said rate having been deemed to have
246
commenced and became effective as of October 1, 2011, and to continue in effect in
subsequent years, until otherwise amended.
PASSED and ADOPTED this ___ day of March, 2012.
ATTEST:
MAYOR MATTI HERRERA BOWER
ROBERT PARCHER, CITY CLERK
JMG/JGG/SF/rar
t:\agenda\2012\3-21-12\pkgeventrate.res.docx
247
APPROVED AS TO
FORM & LANGUAGE
& Fn~ EX UTION
/ :?k>Jn ..
1 tto ey~ a
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248
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach, Florida authorizing the
City Manager, and the City Clerk to execute a voluntary cooperation and operational assistance
Mutual Aid Agreement with the Florida International University, by and through the Florida
International University Police Department, for the purpose of coordinating law enforcement planning,
operations, and mutual aid benefit between the City of Miami Beach and the Florida International
University.
Key Intended Outcome St!pp_orted:
Maintain crime rates at or below national trends.
Supporting Data (Surveys, Environmental Scan, etc.): According to the Center For Research
~nd Public Policy, and Business Residential Satisfaction Survey of City of Miami Beach residents
n 2009, indicated that their three top most important areas of for the City of Miami Beach to
~ddress in an effort to improve public safety throughout the City is Preventing Crime 44.9%,
~nforcing Traffic Laws 36.1% and Increasing Visibility of Police in Neighborhoods 32.4%.
Issue:
Shall the Commission adopt this Resolution?
Item Summary/Recommendation:
The City of Miami Beach and the Florida International University, Police Department because of
the existing and continuing possibility of the occurrence of law enforcement problems and other
natural and man-made conditions which are or are likely to be beyond the control, personnel,
equipment or facilities of the Miami Beach Police Department or the Florida International
University, Police Departments believe that it is beneficial for each to participate in a Mutual Aid
Agreement as authorized by Chapter 23, Florida Statues.
The Mutual Aid Agreement will allow for the sharing of law enforcement resources and the
rendering of assistance both during routine and intensive law enforcement situations.
It is recommended that the Mayor and City Commission adopt this Resolution and authorize
the signing of the Mutual Aid Agreement that will allow for the sharing of law enforcement resources.
Advisory Board Recommendation:
financial Information:
Source of Amount Account
Funds: 1
D 2
.3
OBPI Total
Financial Impact Summary: NA
Assistant City 'Manager City ·Manager
m ~· MlAMIBEACH 249
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
MEMO#
TO:
FROM:
DATE:
Subject:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager ~
March21,2012 uu
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER, AND CITY CLERK TO EXECUTE A
VOLUNTARY COOPERATION. AND OPERATIONAL
ASSISTANCE MUTUAL AID AGREEMENT WITH THE FLORIDA
INTERNATIONAL UNIVERSITY, BY AND THROUGH THE
FLORIDA INTERNATIONAL UNIVERSITY POLICE
DEPARTMENT, FOR THE PURPOSE OF COORDINATING
LAW ENFORCEMENT PLANNING, OPERATIONS, AND
MUTUAL AID BENEFIT BETWEEN THE CITY OF MIAMI
BEACH AND THE FLORIDA INTERNATIONAL UNIVERSITY.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
ANALYSIS
The City of Miami Beach and the Florida International University, Police Department
because of existing and continuing possibility of the occurrence of law enforcement
problems and other natural and man-made conditions which are or are likely to be
beyond the control, personnel, equipment or facilities of the Miami Beach Police
Department or the Florida International University, Police Departments believe that is
beneficial for each to participate in a Mutual Aid Agreement as authorized by Chapter
23, Florida Statutes.
The Mutual Aid Agreement will allow for the sharing of law enforcement resources and
the rendering of assistance both during routine and intensive law enforcement situations.
CONCLUSION
It is recommended that the Mayor and City Commission adopt this Resolution and
authorize the signing of the Mutual Aid Agreement that will allow for the sharing of law
enforcement resources.
JMG/~/~4
250
RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER, AND CITY CLERK TO EXECUTE A
VOLUNTARY COOPERATION AND OPERATIONAL
ASSISTANCE MUTUAL AID AGREEMENT WITH THE FLORIDA
INTERNATIONAL UNIVERSITY, BY AND THROUGH THE
FLORIDA INTERNATIONAL UNIVERSITY POLICE
DEPARTMENT, FOR THE PURPOSE OF COORDINATING LAW
ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL
AID BENEFIT BETWEEN THE CITY OF MIAMI BEACH AND
THE FLORIDA INTERNATIONAL UNIVERSITY.
WHEREAS, it is the responsibility of the City of Miami Beach and the Florida
International University, by and through the Florida International University Police
Department, to ensure the public safety of their citizens, students and faculty, by
providing adequate levels of police services to address any foreseeable joint operation
or emergency situation; and
WHEREAS, the existence of, and continuing possibility that there may be the
occurrence of law enforcement problems, and other natural and man-made conditions
which are, or are likely to be, beyond the control of services, personnel, equipment, or
facilities of the City of Miami Beach Police Department and the Florida International
University Police Department; and
WHEREAS, it is necessary to ensure that these law enforcement agencies will
have adequate resources to address these potential dangerous conditions, to protect the
public peace and safety, and to preserve the lives and property of the people of the City
of Miami Beach, and the students and faculty of the Florida International University; and
WHEREAS, the City of Miami Beach and Florida International University, by and
through the Florida International University Police Department, have the authority under
Chapter 23 of the Florida Statutes, known as the "Florida Mutual Aid Act," to enter into
the a Voluntary Cooperation and Operational Assistance Mutual Aid Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby authorize the City
Manager and City Clerk to execute a Voluntary Cooperation and Operational Assistance
Mutual Aid Agreement with the Florida International University, by and through the
Florida International University Police Department, for the purpose of coordinating law
enforcement planning, operations, and mutual aid benefit between the City of Miami
Beach and the Florida International University.
PASSED and ADOPTED this __ day of ______ , 2012.
ATTEST BY:
ROBERT PARCHER, CITY CLERK
251
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252
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution authorizing the Mayor and City Clerk to execute a supplemental services agreement
between the City of Miami Beach and New World Systems Corporation to provide software enhanced
services for the AEGIS MSP Property Room software module, for the total amount of $37,000, that
shall be funded from the United States Department of Justice, Office of Justice Programs, Bureau of
Justice Assistance Grant.
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 lncreasingVisibili!Y of Police in Neighborhoods 32.4%.
Issue:
Shall the Mayor and City Commission authorize the execution of a supplemental services agreement
to provide software enhanced services for the AEGIS MSP Property Room software module?
Item Summa_J'}'/Recommendation:
On January 16, 2009, the City of Miami Beach Commission approved an agreement with New World
Systems to provide an integrated Public Safety Dispatch and Records Management System for the
Miami Beach Police and Fire Departments. One of the accompanying components of the system is
the Aegis MSP Property Room module, designed to track the disposition and status of property and
evidence for the Miami Beach Police Department. This specific module is not capable of monitoring
the significant volume of property and evidence and as meet other operational demands. As a result,
there is a need to enhance the present system to satisfy these requirements with the purchase of an
enhancement to the current module software from New World Systems, which will ensure
functionality. This is a one-time purchase at a cost of $37,000, which will be funded from the United
States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance Grant
currently in place.
Advisory Board Recommendation:
Financial Information:
Source of Amount
Funds: 1 $37,000 195-6067-00067 4
~ 2
-3
;U'Tf-....
4
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin :
Mauvett Rattigan, Miami Beach Police Department
Assistant City Manager
MIAMI BEACH 253
Account
City Manager
AGENDA ITEM
DATE
C7G-
3-2/-!2
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Mattie Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: March 21,2012
SUBJECT: A RESOLUTION OF THE MAY ND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
SUPPLEMENTAL SERVICES AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH AND NEW WORLD SYSTEMS
CORPORATION, TO PROVIDE SOFTWARE ENHANCED
SERVICES FOR THE AEGIS MSP PROPERTY ROOM
SOFTWARE MODULE, FOR THE TOTAL AMOUNT OF
$37,000.00, THAT SHALL BE FUNDED FROM THE UNITED
STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE
PROGRAMS, BUREAU OF JUSTICE ASSISTANCE GRANT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On January 16, 2009, the City of Miami Beach Commission approved an agreement with
New World Systems to provide an integrated Public Safety Dispatch and Records
Management System for the Miami Beach Police and Fire Departments. One of the
accompanying components of the system is the Aegis MSP Property Room module,
designed to track the disposition and status of property and evidence for the Miami
Beach Police Department.
This specific module is not capable of monitoring the significant volume of property and
evidence and as meet other operational demands. As a result, there is a need to
enhance the present system to satisfy these requirements with the purchase of an
enhancement to the current module software from New World Systems, which will
ensure functionality. This is a one-time purchase at a cost of $37,000, which will be
funded from the United States Department of Justice, Office of Justice Programs,
Bureau of Justice Assistance Grant currently in place.
254
RESOLUTION NO.--------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A SUPPLEMENTAL SERVICES
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND NEW
WORLD SYSTEMS CORPORATION, TO PROVIDE SOFTWARE
ENHANCED SERVICES FOR THE AEGIS MSP PROPERTY ROOM
SOFTWARE MODULE, FOR THE TOTAL AMOUNT OF $37,000.00,
THAT SHALL BE FUNDED FROM THE UNITED STATES
DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,
BUREAU OF JUSTICE ASSISTANCE GRANT.
WHEREAS, the City of Miami Beach Commission approved an agreement with New
World Systems on January 16, 2008, which encompassed an integrated Public Safety Dispatch
and Records System ("the System"), for the Miami Beach Police Department; and
WHEREAS, the System incorporated Computer Aided Dispatch, Police Records
Management, Fire Records Management, Mobile Real-Time Messaging, Field Based Reporting,
and the Aegis MSP Property Room software module; and
WHEREAS, the Aegis MSP Property Room software module is designed to track the
disposition and status of property and evidence, that has been secured by the Miami Beach
Police Department within its Property and Evidence Unit; and
WHEREAS, the Aegis MSP Property Room module must be capable of monitoring the
volume of property and evidence that is secured by the Miami Beach Police Department
personnel on a daily basis, and the customized enhancements to this module are necessary to
meet the operational demands of the Miami Beach Police Department; and
WHEREAS, the New World System Aegis Property Room software module
enhancements will ensure that the Miami Beach Police Department satisfies its property and
evidence requirements as a law enforcement agency; and
WHEREAS, the New World System Aegis Property Room software module
enhancements shall result in a one-time cost of $37,000.00, which shall be funded through the
United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance
Grants; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City Commission
hereby approve and authorize the Mayor and City Clerk to execute a supplemental services
agreement between the City of Miami Beach and New World Systems Corporation, to provide
software enhanced services for the AEGIS MSP property room software module, for the total
amount of $37,000.00, that shall be funded from the United States Department of Justice, Office
of Justice Programs, Bureau of Justice Assistance Grant.
PASSED AND ADOPTED this ___ day of February, 2012.
ATTEST:
Robert Parcher, City Clerk
------------APPROVED AS TO
Mayor Matti Herrera Bower FORM & lANGUAGE .
255
. & FOR EXECUTION-
~(2 j/4,. .tl~/;v CllYATT&ffli'w; DATE
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256
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Mayor And The City Clerk To Grant A Utility Easement To Florida Power And Light At
Flamingo Park For The Installation And Maintenance Of A Transformer And Conduits That Will Serve
The Flamingo Park Tennis Center.
Key Intended Outcome Supported:
Ensure Well-Designed, Quality Capital Projects.
Supporting Data (Surveys, Environmental Scan, etc.):
The 2009 Community satisfaction survey indicates that 87.3% of South Beach and Belle Isle residents
rate the appearance and maintenance of the City's public buildings as Excellent and Good.
Issue:
Shall the City Commission adopt the Resolution?
Item Summary/Recommendation:
As part of the Flamingo Park Tennis Center Project, a new Florida Power & Light (FPL) transformer will
power the Flamingo Park Tennis Center and is to be installed within the Flamingo Park property
(Attachment). In order for FPL to locate its facilities on City property, FPL requires the City to record a utility
easement in order to install and maintain this transformer and its associated electric conduits. The
easement is on the edge of the Flamingo Park, is 250 square feet in area, and will not interfere with any
park activities.
This transformer will also power a temporary trailer that will house the pro-shop, and the temporary trailer
needs to be in operation before demolition work can begin. As a result, this easement should be granted
prior to executing the GMP.
The Administration recommends approval of the resolution.
Board Recommendation:
Capital Improvement Projects Oversight Committee
. II f f manc1a norma 1on: N t r bl o app11ca e, no f d" 0 d un mg require
Source of Amount Account
Funds: 1
2
I I
3
4
OBPI I Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Rick Saltrick, ext: 6565
Si n-Offs:
Department Director Assistant City Man
FHB DB
T:\AGENDA\2012\3-21-12\Fiamingo Pk Tennis Center FPL Easement-SUMMARY.doc
MIAMI BEACH 257
Approved
AGENDA ITEM _C,-:::;--c7::-H:-"--
DATE 3 -;2/-/Z-
~ 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: March 21, 2012
SUBJECT: A RESOLUTION OF THE MAYOR A COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
THE CITY CLERK TO GRANT A UTILITY EASEMENT TO FLORIDA POWER
AND LIGHT AT FLAMINGO PARK FOR THE INSTALLATION AND
MAINTENANCE OF A TRANSFORMER AND CONDUITS THAT WILL SERVE
THE FLAMINGO PARK TENNIS CENTER.
ADMINISTRATION RECOMMENDATION
The Administration recommends approval of the Resolution.
FUNDING
No funding is required in order to grant the easement.
BACKGROUND
On September 14, 2011, the Mayor and City Commission adopted Resolution No. 2011-
27709 approving and authorizing the Mayor and City Clerk to execute a Professional
Services Agreement with James B. Pirtle Construction Co., Inc. for Pre-Construction
Services for the Flamingo Park Tennis Center and, upon completion of Pre-Construction
Services, authorizing the City Manager to enter into negotiations for a Guaranteed
Maximum Price (GMP) for Construction Services and to execute an Agreement approving
the GMP with previously appropriated funding. It is anticipated that the GMP will be
presented to the City Commission for consideration at the March 21, 2012 meeting.
ANALYSIS
As part of the Project, a new Florida Power & Light (FPL) transformer will power the
Flamingo Park Tennis Center and is to be installed within the Flamingo Park property
(Attachment). In order for FPL to locate its facilities on City property, FPL requires the City to
record a utility easement in order to install and maintain this transformer and its associated
electric conduits. The easement is on the edge of the Flamingo Park, is 250 square feet in
area, and will not interfere with any park activities.
This transformer will also power a temporary trailer that will house the pro shop, and the
temporary trailer needs to be in operation before demolition work can begin. As a result, this
easement should be granted prior to executing the GMP.
258
Flamingo Park Tennis Center-FPL Easement
March 21, 2012
Page2 of2
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida, approve and authorize the Mayor and the City Clerk to grant a utility
easement to Florida Power and Light at Flamingo Park for the installation and maintenance
of a transformer and conduits that will serve the Flamingo Park Tennis Center.
Attachment:
Sketch and Legal Description of Proposed Easement
JMG/DRB/FHB/RWS
T:\AGENDA\201213-21-12\Fiamingo Pk Tennis Center FPL Easement-MEMO.doc
T:\AGENDA\2012\3-21-12\Fiamingo Pk Tennis Center FPL Easement-MEMO.doc
259
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND THE CITY CLERK TO GRANT A UTILITY EASEMENT TO
FLORIDA POWER AND LIGHT AT FLAMINGO PARK FOR THE
INSTALLATION AND MAINTENANCE OF A TRANSFORMER AND
CONDUITS THAT WILL SERVE THE FLAMINGO PARK TENNIS CENTER.
WHEREAS, on September 14, 2011, the Mayor and City Commission adopted
Resolution No. 2011-27709, approving and authorizing the Mayor and City Clerk to execute a
professional services agreement for Pre-Construction Services for the Flamingo Park Tennis
Center (Project) and, upon completion of Pre-Construction Services, authorizing the City
Manager to enter into negotiations for a Guaranteed Maximum Price for Construction Services
and to execute an Agreement approving the GMP with previously appropriated funding; and
WHEREAS, as part of the Project, a new FPL transformer will feed the Flamingo Park
Tennis Center and is to be installed within the Flamingo Park property; and
WHEREAS, FPL requires the City to grant it a utility easement in order to install and
maintain this transformer and its associated electric conduits; and
WHEREAS, the easement is on the edge of the Flamingo Park, is 250 square feet in
area, and will not interfere with any park activities; and
WHEREAS, this transformer will also power a temporary trailer that will house the pro-
shop, and the temporary trailer needs to be in operation before demolition work can begin; and
WHEREAS, this easement should be granted prior to executing the GMP.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby approve and authorize the Mayor and the City Clerk to grant a utility
easement to Florida Power and Light at Flamingo Park for the installation and maintenance of a
transformer and conduits that will serve the Flamingo Park Tennis Center.
PASSED AND ADOPTED this 21st day of March, 2012.
ATTEST:
Robert H. Parcher, City Clerk
3 - ( 2--(1..-·----
Date
Matti Herrera Bower, Mayor
T:\AGENDA\2012\3-21-12\Fiamingo Pk Tennis Center FPL Easement-RESO.doc
260
Work Request No. 4411027
Sec.34, Twp 53 S, Rge 42 E
Parceii.D.o2-3234-000-005o
(Maintained by County Appraiser)
Form 3722 {Stocked} Rev. 6111
EASEMENT
(BUSINESS)
This Instrument Prepared By
Name; BrianT. Bellino. PSM
Co. Name: City of Miami Beach
Address: 1700 Convention Center Dr
Miami Beach. FL 33139
pg1of~.
The undersigned, in consideration of the payment of $1.00 and other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company, its
licensees, agents, successors, and assigns ("FPL''), a non-exclusive
easement forever for the construction, operation and maintenance of
overhead and underground electric utility facilities (including wires, poles,
guys, cables, conduits and appurtenant equipment) to be installed from time
to time; with the right to reconstruct, improve, add to, enlarge, change the
voltage, as well as, the size of and remove such facilities or any of them within
an easement described as follows:
See Exhibit" A" ("Easement Area")
Attachment
Being an easement lying Block 68 Ocean Beach Fla, Additionn No. 3, according to the Plat thereof as recorded in Plat Book 2,
Page 81 of the Public Records of Miami-Dade County Florida said easement also lying in Section 34, Township 53 South,
Range 42 East, City of Miami Beach, Miami-Dade County, Florida, being more particularlY described as follows:
Commence at the southeast comer of Lot 6, Block 68 of said Ocean Bea~Fia, Addition No. 3. Thence N 90°00'00"W along
the southedy line of said Block 68 and the northerly right of way line of 11 Street, a distance of 159.30 feet to the Point or
Beginning; Thence N 00°00'00" E a distance of 10.00 feet; Thence N 90°00'00" W a distance of 2511,00 feet; Thence S 00°00'00"
W to the Intersection with said southerly line of Block 68 and the northerly right of way line of 11 Str~. a distance of 10.00
feet; Thence S 90°00'00" E, along said southerly line of Block 68 and the northerly right of way line of 11 Street, a distance of -
25.00 feet to the Point of Beginning. ·
Containing 250 square feet more or less.
Together with the right to permit FPL to attach wires to any facilities hereunder and lay cable and conduit within the easement
ana to operate the same for FPL's communications purposes; the right of ingress and egress to the Easement Area at all times;
the right to clear the land and keep it cleared of all trees, undergrowth and other obstruCtions within the Easement Area; to trim
and cut and keeR trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which
might interfere with or fall upon the lines or systems of commumcations or power transmission or distribution; and further
grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement
Area heretofore described, over, along, under and across the roads, streets or higllways adjoining or through said Easement
Area.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on -------• 20_.
Signed, sealed and delivered in the presence of:
(Witl'less' SiQnafure)
Print Name: ------mm=:;;r-------(Wifriess)
(Witness' Stgnature)
Print Name:--------:-------
(Witness)
Entity name
By: ________________ _
Print Name:
PrintAddress: -------------
STATE OF _____ AND COUNTY OF---------' The foregoing instrument was acknowledged
the before me this day of --------· 20_, by
of a , who is ----------------------------------personally known to me or has produced as identification, and who did (did not) take an oath.
(Type of Identification)
My Commission Expires:
Notary Public, Signature
Print Name ------------
261
N 0) N LEGAL DESCRIPTION: Bolng an ..-~Yfn!i-..e&Ocoanlleocb Aa.AddlliOn No, 3, """"'"ins tollle Plllll11e<eol .. recorded In Flal8oo1< 2. Pago81 of tho Pub!i<; -oiM-Da<to Colmly Rodda uid .... mentalso ~login Sedlon 34, Town<l\11153 Soulh. Ranllf! 42 Eaal, CllyoiMiomi B-. t.bmJ.Oode Colml)'. Flod!la, being...., portlcolsrly-•• ,_ 0"'"""'.,... attlle_.__oll.otll. Blod<SSoloald Ocean Beach Fla, -1'10. 3; Th"""" I190'00'00"W along Ute oou111811ylloeolsoldll~kll8 ....... 1101111G11y lf8hlol,.ayllneol111h-~o-oceoi15Q.30!eello111ePolnloiBeglnlllng;Th..,..NOO'OO'OO"Eadla._ol10.00feei;Thsf1ceN90'00'00"Wad!slaocaol25.00fl>l>~ Thenoe S OO'QO'OO"W to lllei...,..Cllon wflh tsld"""ll1erty fine ol8lod< 68 Md Ute norlhcdy rlghlof way fine of tllh Street. a distance or 10.00 feet; Them:o s 90"00'011'1!. a1<mg -SOIIIhcdyl!rntol-kiiii ... U:o n-righlolwayanool111hSue~ a~-ol25.00 filet to ll1e Polnlo!Bog\Mlng. Containing 250 SQ\J""' tool more Otto ... SURVEYOR"S NOTES: 1. BoaJ!n9s .-n -• are -.onoelo Uta NOflholly lf8hl of way llno oll11h Sltaelwblohls aoovmcd to boar N OO'llll'OO" W. 2. This Sketch is not a St.ltvey, BLOCKS$ OCEAN BEACH FLA, AOOITION No. 3 (P,B. 2, PG. 81) t FLAMINGO PARK I I, 20' I !11 I I I :I I [ ffi I LOT6 ,, ~ I ?::~1 ~ I ~ ,.. I I~ l ;t ~ l i ~ LOT7 ~ I w I •J ~--·-lid : I -~---..L.--.---------~o!~..!!._1~~----L:::s~u!~~~~~-l tn '--NORTHERLY RIW LINE ·.o.s. [ ~ w z a::f wb ~I:;. ~ 0:: w ~ .o.c. t FPLEASEMENT 250SQ.FT. 11TH STREET s.E.CORNER LOT 6, BLOCK 6& (50'RIW) SKETCH TO ACCOMPANY A LEGAL DESCRIPTION SCALE: N.T.S. ( NElGHBORHOOONo.10-FLAMlNGO/WMMUS ,e.,........., """""'-""' 0~ fflEOOK.e£tiGI'.AWt$1.£.. FPL EASEMENT £tiO~I!RU JUC(llij)j I. 4 ;wu;~=IX;P~~~ W.TE LOCATION MAP N.T.S. LEGEND: (Pl PO.At """"SION I t.11.1. P.O. PU.T iOQ( PC. PACE POB POINT OF ~0 POC POIHT OF OCMM£Nct R/W -TOF'IIAY I H£Rm't carnN.: thol thl• "$${['fCH; TO ACCCAIPANY A L£CAL OESCRIPltON" Is can"ec.t onll rnoeb the ~ Ttdinlcol Sta11donb for \.Mel ~ fn the stol• of Florldo'" -.a n1. forlh In Cbo,ftt•r :i~~ CJo ~hf,~.:C!:.. Hot w3lt wHttout the ~tur-e and ............ of•A-U...,~-:~ !!!L!U!!. ~ \ ' -DATE BR1 1, BE:WNO ClfY SUI"'E'tOR p,$.M.. Ho. 4~7J ST"lE or FLORIDA , .. ~~-lDIIIUJ&IilllOIII.~}: , .. _ $i...J0tt.ll-. 0..:~ rrr••t~:-..l__ot_i.... nM:llkd:..HA..-••..JUA_ ~~
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The City Manager To Execute A Utility Design By FOOT Consultant Agreement With The
Florida Department Of Transportation (FDOT), Providing For The Design Of City-Owned Utilities That
Require Relocation, As Part Of FOOT's State Road (S.R.) 907/Aiton Road Project From 51
h Street To
Michigan Avenue (Fm # 249911-1-52-02 And Fm # 249911-3-52-02).
Key Intended Outcome Supported:
Enhance mobility throughout the City.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction
Survey, traffic appears as one of the most important areas affecting residents' quality of life; 37% of
residents rated traffic flow as poor; traffic is ranked number 2 by residents as one of the changes that will
make Miami Beach a better place to live; traffic flow is a key driver for recommending Miami Beach as a
place to live.
Issue:
I Shall the Mayor and City Commission approve the Resolution?
Item Summary/Recommendation:
The Florida Department of Transportation (FOOT) is planning to construct improvements on Alton
Road/S.R. 907 from 51
h Street to Michigan Avenue (Project). Construction is scheduled to begin on April
2013. The Project will include roadway, sidewalk, and curb and gutter reconstruction, significant drainage
improvements, including the construction of three (3) pump stations, relocation and upgrades to City-
owned utilities, decorative roadway and pedestrian lighting, landscaping, irrigation, and bonded aggregate
improvements. The FDOT Project will impact existing City-owned utility facilities on Alton Road that
require relocation and upgrades as part of the future FDOT Alton Road project. The design of the City-
owned utility facilities relocation and upgrades by the Engineer designing the Project for FDOT, requires
the execution of a Utility Design by FOOT Consultant Agreement between FDOT and the City of Miami
Beach. The Utility Design work will be funded by the City.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount
Funds: 1 $ 68,196.00
I ,lb. I
2 $ 68,196.00
3
OBPI Total $ 136,392.00
Financial Impact Summary:
MIAMI BEACH
Account
Water 425-041 0-000312 Professional Services
Sewer 425-0420-000312 Professional Services
263
AGENDA ITEM _C_7_L __
DATE 3-2/-/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 City Commission
FROM: Jorge M. Gonzalez, City Manager~
DATE: March 21, 2012 u .._...
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A UTILITY DESIGN BY FOOT CONSULTANT AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT), PROVIDING FOR THE
DESIGN OF CITY-OWNED UTILITIES THAT REQUIRE RELOCATION, AS PART OF
FOOT'S STATE ROAD (S.R.) 907/ALTON ROAD PROJECT FROM 5TH STREET TO
MICHIGAN AVENUE (FM # 249911-1-52-02 AND FM # 249911-3-52-02).
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
FUNDING
$ 68, 196.00 Water -425-041 0-000312 Professional Services
$ 68.196.00 Sewer-425-0420-000312 Professional Services
$136,392.00
BACKGROUND
The Florida Department of Transportation (FOOT) is planning to construct improvements on Alton
Road/SR 907 from 5th Street to Michigan Avenue (Project). Construction is scheduled to begin in
April 2013. The Project will include roadway, sidewalk, curb and gutter reconstruction, significant
drainage improvements, including construction of three (3) pump stations and upgrades to City-
owned utility facilities, decorative roadway and pedestrian lighting, landscaping, irrigation, and
bonded aggregate improvements. The FOOT project will impact existing City-owned utility facilities
on Alton Road. As such, the impacted utilities require relocation as part of the future FOOT Alton
Road project. The design of the City-owned utility facilities relocation and upgrades by the engineer
designing the project for FOOT requires the execution of a Utility Design by FOOT Consultant
Agreement between the FOOT and the City of Miami Beach.
ANALYSIS
FOOT requires that the City execute the Utility Design by FOOT Consultant Agreement (attached), in
order to provide for the implementation of the necessary drainage, landscaping, irrigation, and
bonded aggregate improvements along Alton Road/S.R. 907 from 5th Street to Michigan Avenue, as
part of the future FOOT project (FM No. 249911-1-52-02 and FM No. 249911-3-52-02).
264
City Commission Memorandum -FOOT Agreements for Alton Road/S. R. 907 from 51h Street to Michigan
Avenue
March 21, 2012
Page 2 of2
This agreement stipulates that the engineering consultant designing the Project for FOOT will be
responsible for the design of the City-owned utilities, including relocation and upgrades to be
constructed as part of the future Alton Road project. The design fees shall be funded by the City of
Miami Beach. The FOOT Consultant shall be responsible for the design of all utility work, including
location (vertically and horizontally), protection, relocation, installation, adjustment, or removal of
utilities owned by the City of Miami Beach that are affected by the future Alton Road Project
CONCLUSION
The Administration recommends that the Mayor and City Commission approve and authorize the
City Manager to execute the Utility Design by FOOT Consultant Agreemert with the FOOT.
Attachment:
Utility Design by FOOT Consultant Agreement
DRB/FHB//JRG
T:\AGENDA\2012\3-21-12\FDOT Utility Design Agreement Alton Road
265
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A UTILITY DESIGN BY FOOT CONSULTANT
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FOOT), PROVIDING FOR THE DESIGN OF CITY -OWNED UTILITIES THAT
REQUIRE RELOCATION, AS PART OF FOOT'S STATE ROAD (S.R.) 907/ALTON
ROAD PROJECT FROM 5TH STREET TO MICHIGAN AVENUE (FM # 249911-1-
52-02 AND FM # 249911-3-52-02).
WHEREAS, the Florida Department of Transportation (FOOT) is planning to construct
certain infrastructure improvements on Alton Road/State Road (S.R.) 907 from 5th Street to Michigan
Avenue (the FOOT Project); and
WHEREAS, the FOOT Project will require the design and construction of roadway, sidewalk,
curb and gutter, drainage, lighting, landscaping, irrigation, and bonded aggregate paving
improvements on Alton Road; and
WHEREAS, the FOOT Project will impact existing City-owned utility facilities along Alton
Road; and
WHEREAS, the FOOT Project requires the relocation of the impacted City-owned utility
facilities; and
WHEREAS, the FOOT and the City have determined that it would be advantageous to both
parties to enter into an Agreement providing for the design of the utility relocation work by the
Engineer designing the Project for the FOOT; and
WHEREAS, FOOT is requiring the City to approve and execute a Utility Design by FOOT
Consultant Agreement which is necessary for the FOOT Consultant Engineer to develop engineering
plans for the relocation of and upgrades to City-owned utility facilities as part of the FOOT Project,
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
and authorize the City Manager to execute a Utility Design by FOOT Consultant Agreement with the
Florida Department of Transportation (FOOT), providing for the design of City-owned utilities that
require relocation, as part of FOOT's State Road (S.R.) 907/Aiton Road project from 5th street to
Michigan Avenue (FM # 249911-1-52-02 and FM # 249911-3-52-02).
PASSED AND ADOPTED this 21st day of March, 2012.
ATTEST:
Robert S: Parcher, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
d)j__@t; (_ )\S(lL
Matti Herrera Bower, Mayor
y City Attorney ~fJ--.-Date
T:\AGENDA\2012\3-21-12\FDOT Utility Design Agreement for Alton Road-R ESO.doc
266
Attachment A
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY DESIGN BY FOOT CONSULTANT AGREEMENT
(AT UTILITY EXPENSE)
Financial Project ID: Federal Project ID:
County: State Road No.:
District Document No:
Utility Agency/Owner (UAO):
Form No. 710-010-56
UTILITIES
10/04
THIS AGREEMENT, entered into this day of , year of , by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FOOT," and-----
hereinafter referred to as the "UAO";
WITNESSETH:
WHEREAS, the FOOT, is constructing, reconstructing, or otherwise changing a portion of a public road or
publicly owned rail corridor, said project being identified as __ , State Road No.: __ , hereinafter referred to as the
"Project"; and
WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the
Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may
be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and
WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation,
adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and
WHEREAS, the DEPARTMENT and the UTILITY have determined that it would be to the best interest of the
general public and to the economic advantage of both parties to enter into an agreement providing for the design of the
Utility Work by the engineer designing the Project for the FOOT, hereinafter referred to as the "FOOT Consultant,"
which design of the Utility Work shall hereinafter be referred to as the "Utility Design"; and
WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the
Utility Design;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FOOT
and the UAO hereby agree as follows:
1. Design of Utility Work
a. FOOT Consultant shall prepare, at the UAO's sole cost and expense, final engineering design, plans,
other necessary related design documents, and cost estimate for the Utility Work (hereinafter referred
to as the "Plans Package") more specifically described in the FOOT's Supplemental Agreement #
to Consultant Design Services Contract.
b. The Plans Package shall be in the same format as the FOOT's contract documents for the Project.
c. The Plans Package shall include any and all activities and work effort required to perform the Utility
Work, including but not limited to, all clearing and grubbing, survey work and shall include a traffic
control plan.
d. The Plans Package shall be prepared in compliance with the FOOT's Utility Accommodation Manual
and the FOOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the
FOOT's contract documents for the Project. If the FOOT's Plans Preparation Manual is updated and
conflicts with the FOOT's Utility Accommodation Manual, the Utility Accommodation Manual shall
apply where such conflicts exist.
e. The technical special provisions which are a part of the Plans Package shall be prepared in
Page 1 of6
267
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY DESIGN BY FOOT CONSULTANT AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710-010-56
UTILITIES
10/04
accordance with the FOOT's guidelines on preparation of technical special provisions.
f. The FOOT Consultant shall provide a copy of the proposed Plans Package to the UAO, for review at
the following stages: __ . The UAO shall review the Plans Package to see that it complies with the
requirements of this Agreement.
g. In the event the UAO finds any deficiencies in the Plans Package during the reviews performed
pursuant to Subparagraph f. above, the UAO will notify the FOOT in writing of the deficiencies within
the time specified in the plans review transmittal.
h. The UAO shall furnish the FOOT such information from the UAO files as requested by the FOOT.
I. The Facilities and the Utility Design will include all utility facilities of the UAO which are located within
the limits of the Project, except as generally summarized as follows: __ . These exceptions shall be
handled by separate arrangement.
2. Cost of Design
a. The UAO shall be responsible for all costs of the Utility Design.
b. The UAO agrees that it will, at least __ ( __ ) days prior to the FOOT issuing the Supplemental
Agreement referred to in Paragraph 1 hereof, furnish the FOOT an advance deposit of$ __ for the
payment of said Utility Design. It is understood that the FOOT's Consultant shall not begin any Utility
Design until the FOOT has received the above payment and that if such payment is not received on or
before __ this Agreement shall be null and void. The FOOT shall utilize this deposit for the
payment of Utility Design. Both parties further agree that in the event the final billing pursuant to the
terms of Subparagraph 2. d. below is less than the advance deposit, a refund of any excess will be
made by the FOOT to the UAO. No work in excess of the advance deposit shall be done. In the event
that it is subsequently determined that work in addition to that described in the Supplemental
Agreement described in Paragraph 1 hereof is necessary in order to properly complete the Utility
Design, the UAO shall make an additional deposit in the amount necessary to issue a subsequent
Supplemental Agreement to the FOOT Consultant for the additional work.
c. The payment of funds under this Agreement will be made (choose one):
D directly to the FOOT for deposit into the State Transportation Trust Fund.
D as provided in the attached Memorandum of Agreement between the UAO, the FOOT and the
State of Florida, Department of Financial Services, Division of Treasury. Deposits of less than
$100,000.00 must be pre-approved by the Department of Financial Services and the FOOT
Comptroller's Office prior to execution of this agreement.
d. Upon final payment to the FOOT Consultant, the FOOT intends to have its final and complete
accounting of all costs incurred in connection with the Utility Design within three hundred sixty (360)
days. All project cost records and accounts shall be subject to audit by a representative of the UAO for
a period of three (3) years after final close out of the project. The UAO will be notified of the final cost.
3. Default
Both parties agree that in the event the final accounting of total project costs pursuant to the terms of
this agreement is less than the total deposits to date, a refund of the excess will be made by the FOOT
to the UAO in accordance with Section 215.422, Florida Statutes.
a. In the event the UAO breaches any provision of this Agreement, then in addition to any other remedies
which are otherwise provided for in this Agreement, the FOOT may exercise one or more of the
following options, provided that at no time shall the FOOT be entitled to receive double recovery of
damages:
Page 2 of6
268
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY DESIGN BY FOOT CONSULTANT AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710-010-56
UTILITIES
10/04
(1) Terminate this Agreement if the breach is material and has not been cured within 60 days
from written notice thereof from the FOOT.
(2) Pursue a claim for damages suffered by the FOOT.
(3) Suspend the issuance of further permits to the UAO for the placement of Facilities on FOOT
property if the breach is material and has not been cured within 60 days from written notice
thereof from the FOOT until such time as the breach is cured.
(4) Pursue any other remedies legally available.
(5) Perform any work with its own forces or through contractors and seek repayment for the cost
thereof under Section 337.403(3), Florida Statutes.
b. In the event the FOOT breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of
the following options:
(1) Terminate this Agreement if the breach is material and has not been cured within 60 days
from written notice thereof from the UAO.
(2) Pursue any other remedies legally available.
c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to
other agreements between the parties or from any statutory obligations that either party may have with
regard to the subject matter hereof.
4. Indemnification
FOR GOVERNMENT-OWNED UTILITIES,
To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FOOT and all of its
officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any
acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the
performance of the Agreement, whether direct or indirect, and whether to any person or property to which
FOOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be
liable under this section for damages arising out of the injury or damage to persons or property directly caused
by or resulting from the negligence of the FOOT or any of its officers, agents, or employees during the
performance of this Agreement.
When the FOOT receives a notice of claim for damages that may have been caused by the UAO in the
performance of services required under this Agreement, the FOOT will immediately forward the claim to the
UAO. The UAO and the FOOT will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FOOT
will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO
to defend the FOOT in such claim as described in this section. The FOOT's failure to notify the UAO of a claim
shall not release the UAO from any of the requirements of this section. The FOOT and the UAO will pay their
own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in
the defense of the claim at trial, that party is responsible for all costs.
FOR NON-GOVERNMENT-OWNED UTILITIES,
The UAO shall indemnify, defend, and hold harmless the FOOT and all of its officers, agents, and employees
from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or
omission by the UAO, its agents, employees, or contractors during the performance of the Agreement,
Page 3 of6
269
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY DESIGN BY FOOT CONSULTANT AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710-010-56
UTILITIES
10/04
whether direct or indirect, and whether to any person or property to which FOOT or said parties may be
subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for
damages arising out of the injury or damage to persons or property directly caused by or resulting from the
negligence of the FOOT or any of its officers, agents, or employees during the performance of this Agreement.
The UAO's obligation to indemnify, defend, and pay for the defense or at the FOOT's option, to participate and
associate with the FOOT in the defense and trial of any damage claim or suit and any related settlement
negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FOOT's notice of claim for
indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The
UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused
because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the
UAO is not liable or determines the FOOT is solely negligent. Only a final adjudication or judgment finding the
FOOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs
and fees related to this obligation and its enforcement by the FOOT. The FOOT's delay in notifying the UAO
of a claim shall not release UAO of the above duty to defend.
5. Force Majeure
Neither the UAO nor the FOOT shall be liable to the other for any failure to perform under this Agreement to
the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event
beyond the control of the non-performing party and which could not have been avoided or overcome by the
exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly
notified the other party of the occurrence and its estimated duration, (b) promptly remedied or mitigated the
effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible.
6. Miscellaneous
a. Time is of the essence in the performance of all obligations under this Agreement.
b. The FOOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the UAO in conjunction with this Agreement.
c. This Agreement constitutes the complete and final expression of the parties with respect to the
subject matter hereof and supersedes all prior agreements, understandings, or negotiations with
respect thereto, except that the parties understand and agree that the FOOT has manuals and written
policies and procedures which may be applicable at the time of the Project and the relocation of the
Facilities.
d. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to
be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining
portions hereof.
e. All notices required pursuant to the terms hereof may be sent by first class United States Mail,
facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by
the end of five business days from the proper sending thereof unless proof of prior actual receipt is
provided. The UAO shall have a continuing obligation to notify each District of the FOOT of the
appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in
writing, notices shall be sent to the following addresses:
Page 4of6
270
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY DESIGN BY FOOT CONSULTANT AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710-010-56
UTILITIES
10/04
If to the UAO:
If to the FOOT:
7. Certification
This document is a printout of an FOOT form maintained in an electronic format and all revisions thereto by
the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled
"Changes to Form Document" and no change is made in the text of the document itself. Hand notations on
affected portions of this document may refer to changes reflected in the above-named Appendix but are for
reference purposes only and do not change the terms of the document. By signing this document, the UAO
hereby represents that no change has been made to the text of this document except through the terms of the
appendix entitled "Changes to Form Document."
You MUST signify by selecting or checking which of the following applies:
D No changes have been made to this Form Document and no Appendix entitled "Changes to Form
Document" is attached.
D No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled "Changes to Form Document."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
UTILITY:
BY: (Signature)
(Typed Name: __ )
(Typed Title: __ )
Recommen~ Approval by the District Utility Office
BY: (Signature)
FOOT Legal review
BY: (Signature)
District Counsel
DATE:
DATE:
DATE:
Page 5 of6
271
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY DESIGN BY FOOT CONSULTANT AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710-010-56
UTILITIES
10/04
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Signature)
(Typed Name: __ )
(Typed Title: __ )
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY=----------------------------------------------
(Typed Name: __ )
(Typed Title: __ )
Page 6 of6
272
DATE:
DATE:
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The City Manager, Or His Designee, To Re-Allocate Funds In The Amount Of $30,646
Previously Appropriated For Project PKNNSGCFEN, Entitled "NSGC Aluminum Picket Security Fence In
Normandy Shores", For The Purchase And Installation Of Eight (8) Gate Security Cameras And Installation
Of Two (2) Automatic Gate Arms At Each Rear Entrance (For A Total of Four (4) Gate Arms).
Key Intended Outcome Supported: I Ensure public safety
Issue:
I Shall the Mayor and City Commission approve the Resolution?
Item Summary/Recommendation:
On August 23, 2011, the Normandy Shores Home Owners Association (NSHOA) unanimously approved a
new video surveillance system to replace the existing gate security cameras, pending availability of City
funds. The NSHOA president met with the City Manager on November 7, 2011, and requested that funds
allocated in FY2011/12 for the installation of an aluminum picket fence along the South Shore Drive
Normandy Shores Golf Course, behind the apartments fronting golf holes 12 and 13, be re-allocated for
the purchase and installation of gate security cameras and automatic entrance gates. The City Manager
approved the gate security cameras and gate installation project in lieu of the aluminum picket fence
installation.
On November 16, 2011, the NSHOA board unanimously passed a motion for the City to proceed with the
installation of the automatic gates and signs and to continue work on the gate security cameras. On
December 14, 2011, the NSHOA reported to homeowners that the new gate arms would be installed at
the two (2) rear entrances with signs, and that a total of eight (8) new high definition cameras would be
installed: four (4) at the main entrance, and two (2) at each rear entrance.
At the February 8, 2012, NSHOA meeting Ron Loring, Vice President of the Association and Gus Andino,
the Contracts Coordinator for the Property Management Division presented the final proposal for the new
gate arms at the two (2) rear entrances, the installation of four (4) cameras at the main entrance, and two
(2) cameras at each rear entrance. The NSHOA approved the final proposal.
At a recent meeting the HOA membership voted to increase a special Normandy Shores Local
Government Neighborhood Improvement District Fund by an additional assessment of $6,000/year to
cover annual maintenance of cameras and entrance gates.
THE ADMINISTRATION RECOMMENDS APPROVING OF THE RESOLUTION.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount
Funds: 1 $30,646.00 j/J· rY I
2
3
OBPI Total $30,646.00
Financial Impact Summary:
n-Offs:
MIAMI BEACH
Account
Budget Code 351-2052-069357
273
AGENDA. ITEM _C.._____;1:.....,-J=-:--
DA.TE 3-J..J-/7-
~ 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 ~ r--L
March 21,2012 '{) U
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 RE-ALLOCATE FUNDS IN THE AMOUNT OF
$30,646 PREVIOUSLY APPROPRIATED FOR PROJECT PKNNSGCFEN,
ENTITLED "NSGC ALUMINUM PICKET SECURITY FENCE IN NORMANDY
SHORES", FOR THE PURCHASE AND INSTALLATION OF EIGHT (8) GATE
SECURITY CAMERAS AND INSTALLATION OF TWO (2) AUTOMATIC GATE
ARMS AT EACH REAR ENTRANCE (FOR A TOTAL OF FOUR (4) GATE ARMS).
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Resolution
FUNDING
$30,646.00
BACKGROUND
Re-allocation account number: 351-2052-069357
On August 23, 2011, the Normandy Shores Home Owners Association (NSHOA) unanimously
approved a new video surveillance system to replace the existing gate security cameras,
pending availability of City funds. The NSHOA president met with the City Manager on
November 7, 2011, and requested that funds allocated in FY2011/12 for the installation of an
aluminum picket fence along the South Shore Drive Normandy Shore Golf Course, behind the
apartments fronting golf holes 12 and 13, be re-allocated for the purchase and installation of
gate security cameras and automatic entrance gates. The City Manager approved the gate
security cameras and gate installation project in lieu of the aluminum picket fence installation.
On November 16, 2011, the NSHOA board unanimously passed a motion for the City to
proceed with the installation of the automatic gates and signs and to continue work on the gate
security cameras. On December 14, 2011, the NSHOA reported to homeowners that the new
gate arms would be installed at the two (2) rear entrances with signs, and that a total of eight (8)
new high definition cameras would be installed: four (4) at the main entrance, and two (2) at
each rear entrance.
274
City Commission Memorandum-Normandy Shores, Security Cameras and Gates
March 21, 2012
Page 2 of2
At the February 8, 2012, NSHOA meeting Ron Loring, Vice President of the Association and
Gus Andino, the Contracts Coordinator for the Property Management Division presented the
final proposal for the new gate arms at the two (2) rear entrances, the installation of four (4)
cameras at the main entrance, and two (2) cameras at each rear entrance. The NSHOA
approved the final proposal.
At a recent meeting the NSHOA membership voted to increase a special Normandy Shores
Local Government Neighborhood Improvement District Fund by an additional assessment of
$6,000/year to cover annual maintenance of cameras and entrance gates.
ANALYSIS
Further evaluation by the NSHOA of their security issues and reviewing the available technology
and methods available that can be used to better control and document those entering and
exiting Normandy Shores has led the NSHOA to request a re-allocation of funds for the
originally approved fence installation project. In lieu of the security fencing project the NSHOA
is now requesting approval to install gate security cameras and additional gate arms at the three
(3) entrances into Normandy Shores. The total project cost is $30,646. This would leave an
unused balance in the currently approved funding of $44,279 to be re-appropriated.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve and authorize
the City Manager, or his designee, to re-allocate funds in the amount of $30,646 previously
appropriated for project PKNNSGCFEN, entitled "NSGC Aluminum Picket Security Fence in
Normandy Shores", for the purchase and installation of eight (8) gate security cameras and
installation of two (2) automatic gate arms at each rear entrance (for a total of four (4) gate
arms).
DRB/FHB/DK
T:\AGENDA\2012\3-21-12\Normandy Shores Gate Security Cameras and Gates Memo.docx
275
N ....... 0) expstat.rpt 03/14/2012 1:12PM Periods: 0 through 13 351 Realloc. Funds-Other Cap. Proj 2052 pknnsJ:~cfen NSGC Aluminum Picket Sec. Fen Account Number 069300 *** Title Not Found *** 069357 Capital-Contracts Total Realloc. Funds-Other Cao. Proi Grand Total Expenditure Status Report CITY OF MIAMI BEACH 10/1/2011 through 9/30/2012 Adjusted Appropriation Expenditures 74,925.00 0.00 74,925.00 0.00 74,925.00 0.00 Page: 1 Year-to-date Year-to-date Prct Expenditures Encumbrances Balance Used 0.00 0.00 74,925.00 0.00 0.00 0.00 74,925.00 0.00 0.00 0.00 74,925.00 0.00 Page: 1
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 RE-ALLOCATE FUNDS, IN THE AMOUNT OF $30,646,
PREVIOUSLY APPROPRIATED FOR PROJECT PKNNSGCFEN, ENTITLED "NSGC
ALUMINUM PICKET SECURITY FENCE IN NORMANDY SHORES", FOR THE
PURCHASE AND INSTALLATION OF EIGHT (8) GATE SECURITY CAMERAS AND
INSTALLATION OF TWO (2) AUTOMATIC GATE ARMS AT EACH REAR
ENTRANCE (FOR A TOTAL OF FOUR (4) GATE ARMS).
WHEREAS, on August 23, 2011, the Normandy Shores Home Owners Association (NSHOA)
unanimously approved a new video surveillance system to replace the existing gate security cameras,
pending availability of City funds; and
WHEREAS, on November 7, 2011, the City Manager approved funds, allocated in FY2011/12,
for the installation of an aluminum picket fence along the South Shore Drive Normandy Shores Golf
Course, to be re-allocated and used for the purchase and installation of gate security cameras and
automatic gate arms; and
WHEREAS, on February 2012, the City Administration presented its final proposal to the
NSHOA for two (2) new automatic gate arms at each rear entrance, for a total of four (4) gate arms, and
eight (8) security gate cameras to be installed in the main and rear entrances; the NSHOA approved the
final proposal; and
WHEREAS, the NSHOA also voted to increase the Normandy Shores Local Government
Neighborhood Improvement District Fund, by an additional assessment of $6,000/year, to cover the
annual maintenance of the security cameras and automatic gate arms; and
WHEREAS, in lieu of the aluminum fencing project, the NSHOA is requesting that the City
Commission approve the re-allocation of funds, in the amount of $30,641, from the NSGC Aluminum
Picket Security Fence Project, for the purchase and installation of the eight (8) security gate cameras and
additional four (4) automatic gate arms.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve and
authorize the City Manager or his designee to re-allocate funds, in the amount of $30,646, previously
appropriated for Project PKNNSGCFEN, entitled "NSGC Aluminum Picket Security Fence in Normandy
Shores", for the purchase and installation of eight (8) gate security cameras, and installation of two (2)
automatic gate arms at each rear entrance (for a total of four (4) automatic gate arms).
PASSED AND ADOPTED this 21st day of March, 2012.
ATTEST:
Matti Herrera Bower, Mayor
Robert 1. Parcher, City Clerk
T:\AGENDA\2012\3-21-12\Normandy Shores security cameras and gates-RESO.doc
277
APPROVED AS TO
FORM & LANGUAGE
6 FOR EXECUTION
~ ~\~~\~~
~~~Date.
THIS PAGE INTENTIONALLY LEFT BLANK
278
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor and City Commission Of The City Of Miami Beach, Florida, Authorizing The
Mayor And City Clerk To Execute A Professional Services Agreement With Calvin Giordano &
Associates, Inc., Pursuant To The Request For Qualifications (RFQ) No. 20-10/11, For Design, Bid And
Award, And Construction Administration Services, For The Middle Beach Recreational Corridor; In The
Amount Of $529,630; With Funds Previously Appropriated In The Middle Beach Recreational Corridor
Phase II Project.
Key Intended Outcome Supported:
Ensure well-maintained infrastructure
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated
that 79% of businesses rated recently completed capital improvement projects as "excellent" or "good."
Issue:
I Shall the Mayor and City Commission adopt the Resolution?
Item Summary/Recommendation:
The Middle Beach Recreational Corridor (MBRC) Phase II consists of the construction of an on-grade
pedestrian walkway encompassing eighteen (18) City blocks or approximately 9,305 feet. The pathway
will be constructed along the western side of the coastal dunes and east of oceanfront properties. It will
run north from approximately 46th Street to Allison Park at 64th Street to the southern terminus of the
existing North Beach Recreational Corridor (NBRC). The pathway will also serve as a portion of the
coastal north/south connector in the larger Atlantic Greenway Network (AGN), which supports the
sustainable initiative of Alternative Transportation throughout the City. This project requires that the
path be designed and constructed utilizing sustainable (green) design elements and construction
methodologies that can be supported by the project budget. The path will be permitted in accordance
with the Florida Department of Environmental Protection coastal construction regulations. Non-native
dune vegetation will be removed and replaced with dune enhancements such as native vegetation,
protective sand fencing and rope and post. In addition, sea turtle-friendly pedestrian lighting will also be
incorporated into the design of the pathway.
At the May, 11, 2011 Commission Meeting, the Commission authorized the Administration to enter into
negotiations with the top-ranked firm, Coastal Systems International, Inc.; and if the Administration was
not be able to successfully negotiate an agreement with the top-ranked firm, it authorized the
Administration to negotiate with the second-ranked firm, Calvin, Giordano & Associates, Inc; and if the
Administration not be able to negotiate an agreement with the second-ranked firm, it authorized the
Administration to negotiate an agreement with the third-ranked firm, Kimley-Horn & Associates, Inc., for
design, bid and award, and construction administration services, for the MBRC.
The Administration was unable to reach an agreement with Coastal Systems International, Inc. thus
Administration entered into negotiations with the second ranked firm Calvin, Giordano & Associates. The
negotiated price with Calvin, Giordano & Associates, Inc. is $284,370 lower than the price proposal from
Coastal Systems International, Inc. In addition, as a comparison, the design cost for the NBRC was $92
per linear foot compared to the negotiated price with Calvin, Giordano & Associates, Inc. of $58 per
linear foot. The Administration negotiated a price of $529,630 with Calvin, Giordano & Associates, Inc.
and recommends executing a Professional Services Agreement with this firm to complete the design,
bid and award, and construction administration services for the MBRC Project.
The Administration recommends adopting the resolution.
Advisory Board Recommendation:
I N/A
Source of
Funds: '
OBPI
Amount
$529,630.00
MIAMI BEACH
303-2033-061357
279
Account
AGENDA ITEM _C_J..__K_
DATE 3-: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~
March 21, 2012 U U
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CALVIN
GIORDANO & ASSOCIATES, INC., PURSUANT TO THE REQUEST FOR
QUALIFICATIONS (RFQ) No. 20-10/11, FOR DESIGN, BID AND AWARD, AND
CONSTRUCTION ADMINISTRATION SERVICES, FOR THE MIDDLE BEACH
RECREATIONAL CORRIDOR; IN THE AMOUNT OF $529,630; WITH FUNDS
PREVIOUSLY APPROPRIATED IN THE MIDDLE BEACH RECREATIONAL
CORRIDOR PHASE II PROJECT.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
BACKGROUND
The Middle Beach Recreational Corridor (MBRC) Phase II consists of the construction of an on-
grade pedestrian walkway encompassing eighteen (18) City blocks or approximately 9,305 feet.
The pathway will be constructed along the western side of the coastal dunes and east of
oceanfront properties. It will run north from approximately 46th Street to Allison Park at 64th
Street to the southern terminus of the existing North Beach Recreational Corridor (NBRC)
Project. The pathway will also serve as a portion of the coastal north/south connector in the
larger Atlantic Greenway Network (AGN), which supports the sustainable initiative of Alternative
Transportation throughout the City.
This project requires that the path be designed and constructed utilizing sustainable (green)
design elements and construction methodologies that can be supported by the project budget.
The path will be permitted in accordance with the Florida Department of Environmental
Protection (FDEP) coastal construction regulations. Non-native dune vegetation will be
removed and replaced with dune enhancements such as native vegetation, protective sand
fencing and rope and post. In addition, sea turtle-friendly pedestrian lighting will also be
incorporated into the design of the pathway.
The City received $533,520 in grant funding from the Transportation, Community, and System
Preservation (TCSP) Program for this project. As a condition of the grant funding, the Federal
Highway Administration is requesting that the City demonstrate progress as soon as possible.
280
Commission Memorandum-RFQ-20-10111 -Bid, Award, and Construction Services for the
Middle Beach Recreational Corridor Phase II Project
March 21, 2012
Page 2 of3
ANALYSIS
At the May, 11, 2011 Commission Meeting, the Commission authorized Administration to enter
into negotiations with the top-ranked firm, Coastal Systems International, Inc.; and if the
Administration was not be able to successfully negotiate an agreement with the top-ranked firm,
it authorized the Administration to negotiate with the second-ranked firm, Calvin, Giordano &
Associates, Inc; and if the Administration was not be able to negotiate an agreement with the
second-ranked firm, it authorized the Administration to negotiate an agreement with the third-
ranked firm, Kim ley-Horn & Associates, Inc. for the following scope of services:
Task 1 -Planning Services
The Planning Services shall include all existing conditions documentation, aesthetic and quality
design, design geometry and materials approval, outreach and general design direction
approval by the City's Project Coordinator, and shall be defined as all services provided up to
and including submittal and review of plans at a 30% completion level.
Task 2-Design Services
Design Services shall be defined as those services following receipt and addressing any
comments provided to Calvin, Giordano & Associates, Inc. on behalf of the City's Project
Coordinator. These services include final design development, construction documentation,
drafting of technical specifications, and permitting associated with the project.
Task 3-Bidding and Award Services
Assist in bidding process, including pre-bid, bid opening, recommendation of award and contract
execution.
Task 4-Construction Administration Services
The Construction Administration Services outlined herein anticipate a construction period not to
exceed 52 weeks. Scope and fee outlines do not include and are not based on Construction
Administration or Construction Engineering Inspection criteria for Local Agency Program (LAP)
Agreements or for Federal funding sources. Special requirements pertinent to construction
inspection, construction administration, oversight, certifications, materials testing and any other
as dictated by LAP or Federal funding requirements shall be billed as additional services.
Coastal Systems International, Inc. and its sub-consultants developed a detailed scope of
services. On July 8, 2011, City staff met with Coastal Systems International, Inc. to review the
scope of the project. On August 2, 2011, Coastal Systems International, Inc. submitted a
proposal with a cost of $1,086,700, which significantly exceeded available funding. On
September 12, 2011, Coastal Systems International, Inc. submitted a revised scope of work and
cost proposal of $814,000, which was still above the amount budgeted for planning, design,
permitting, and construction administration. After several additional meetings, the City informed
Coastal Systems International, Inc. that it would enter negotiations with the second ranked firm.
On November 23, 2011, the City entered into negotiations with the second ranked firm Calvin,
Giordano & Associates, Inc. On December 9, 2011, Calvin, Giordano & Associates, Inc.
submitted a scope and cost estimate of $588,434, however, this submittal was incomplete.
Throughout December and January, the City continued negotiations with Calvin, Giordano &
Associates, Inc. On February, 2, 2011, Calvin, Giordano & Associates, Inc. submitted a scope
281
Commission Memorandum-RFQ-20-10111 -Bid, Award, and Construction Services for the
Middle Beach Recreational Corridor Phase II Project
March 21, 2012
Page 3 of3
and cost of $529,630, which the City found acceptable and within the budgeted project amount.
However, negotiations were not completed in time for inclusion on the February 8, 2012
Commission Agenda. The negotiated price with Calvin, Giordano & Associates, Inc. is
$284,370 lower than the price proposal from Coastal Systems International, Inc. In addition, as
a comparison, the design cost for the North Beach Recreational Corridor was $92 per linear foot
compared to the negotiated price with Calvin, Giordano & Associates of $58 per linear foot.
Administration recommends executing a Professional Services Agreement with Calvin,
Giordano & Associates, Inc. to complete the design, bid and award, and construction
administration services for the MBRC Project.
Calvin, Giordano & Associates, Inc.
Calvin, Giordano & Associates, Inc. is a well-established, multi-disciplinary firm with offices
headquartered in Ft. Lauderdale and serving the South Florida Region with offices located in
Miami-Dade, Palm Beach, St. Lucie and Orange Counties. For over 70 years, CGA has been
providing municipal consulting services -mostly to the South Florida area -including
engineering, landscape architecture, planning, code enforcement, surveying among others. Our
experience is integral in the branding, community improvements, quality-of-life enhancements
and high-quality environments of the communities we serve.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the attached
Resolution authorizing the Mayor and City Clerk to execute a Professional Services Agreement
with Calvin Giordano & Associates, Inc., pursuant to the Request For Qualifications (RFQ) No.
20-10/11, for design, bid and award, and construction administration services, for the Middle
Beach Recreational Corridor; in the amount of $529,630; with funds previously appropriated in
the Middle Beach Recreational Corridor Phase II Project.
DRB/FHB/RWS/ESW
T:\AGENDA\2012\3-21-12\RFQ 20-10-11 -MBRC-MEMO.docx
282
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 A PROFESSIONAL SERVICES
AGREEMENT WITH CALVIN GIORDANO & ASSOCIATES, INC.,
PURSUANT TO THE REQUEST FOR QUALIFICATIONS (RFQ) NO. 20-
10/11, FOR DESIGN, BID AND AWARD, AND CONSTRUCTION
ADMINISTRATION SERVICES, FOR THE MIDDLE BEACH
RECREATIONAL CORRIDOR; SAID AGREEMENT IN THE AMOUNT OF
$529,629.61, WITH FUNDS PREVIOUSLY APPROPRIATED IN THE
MIDDLE BEACH RECREATIONAL CORRIDOR PHASE II PROJECT.
WHEREAS, on March 9, 2011, the Mayor and City Commission approved the
issuance of Request for Qualifications (RFQ) No. 20-10/11, for the Design, Bid, Award, and
Construction Administration Services for the Middle Beach Recreational Corridor Phase II
Project (the "RFQ"); and
WHEREAS, the RFQ was issued on March 9, 2011, with an opening date of April 8,
2011; and
WHEREAS, on May 11, 2011, the Mayor and City Commission adopted Resolution
No 2011-27656, accepting the recommendation of the City Manager and authorizing the
Administration to enter into negotiations with the top-ranked firm of Coastal Systems
International, Inc.; to negotiate with the second-ranked firm of Calvin, Giordano &
Associates, Inc. should negotiations with the top-ranked firm be unsuccessful; and to
negotiate with the third-ranked firm of the Kim ley-Horn & Associates, Inc. should negotiations
with the first or second-ranked firms be unsuccessful; and
WHEREAS, the Administration was unsuccessful following several months of
negotiations with the top-ranked firm, Coastal System International, Inc; and
WHEREAS, the Administration has successfully negotiated the attached professional
services agreement with the second-ranked firm, Calvin, Giordano & Associated, Inc., in the
amount of $529,629.61.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute a
Professional Services Agreement with Calvin, Giordano & Associates, Inc., pursuant to the
(RFQ) No. 20-10/11, for Design, Bid and Award, and Construction Administration Services,
for the Middle Beach Recreational Corridor, in the amount of $529,629.61; with funds
previously appropriated in the Middle Beach Recreational Corridor Phase II Project.
283
PASSED AND ADOPTED THIS 21st day of March, 2012
ATTEST:
Robert H. Parcher, City Clerk Matti Herrera Bower, Mayor
AP VEDASTO
FORM NGUAGE
& FOR EX ION
City Attorney
T:\AGENDA/2012\3-21-12\RFQ 20-10-11-MBR-RESO
284
APPROVED AS TO
FORM & LANGUAGE
FOR EXECUTION
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving Amendment
No. 2 To The Contract Between The City And Professional Building Services, Dated August 3, 2011, For
Citywide Janitorial Services; Said Amendment Adding The Following Locations: Historic City Hall; Police
Substation; North End Ocean Rescue Headquarters; And Beachfront Restrooms; And Increasing The Contract,
In The Amount Of $17,473.74 Per Month.
Key Intended Outcome Supported:
Ensure Well-Maintained Facilities.
Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2009 Customer Satisfaction Survey,
87% of residents and 85% of businesses rated the appearance and maintenance of the City's public buildings
as excellent or good.
Issue:
I Shall the Mayor and City Commission approve the amendment of the contract?
Item Summary/Recommendation:
For years, the City's Sanitation Division has provided janitorial services for all the beachfront restrooms. These
services are being provided by two-man crews working two daily shifts, seven days a week. On November 7,
2011, Procurement issued a request for quotes for janitorial services at Historic City Hall, Police South
Substation and North End Headquarters/Ocean Rescue and beachfront restrooms from four vendors previously
awarded janitorial service contracts. A Technical Review Panel convened on December 7, 2011 to interview the
two lowest bidders, Professional Building Services (PBS), and ISS Facility Services, Inc. The Panel concluded
that PBS had conducted a more thoroughly assessed beachfront restrooms maintenance requirements. This
was reflected in a proposal that offered the most complete service coverage of all respondents, as well as a
plan that compared favorably against currently provided services by the City's Sanitation Div., in terms of level
of service and cost. The Panel recommended the award of the additional janitorial work to PBS. PBS' plan
offers a significantly higher level of service and a cost that is significantly lower than using City resources. PBS'
plan divides the City into three zones: South Pointe, South Beach, and Mid-Beach/North Beach. Each zone will
be staffed by a man and woman team per shift, for a total staff of six per shift. This compares favorably with the
current City staffing of two persons per shift; effectively tripling the current service coverage. PBS' proposal
also compares favorably with the City's current personnel budgeted cost of $250,51 0/year, and would generate
Fiscal Year 2012/13 savings of $73,146 (a 29% cost reduction from current budgeted cost) and recurring
annual savings of $80,019 (31% cost reduction) beginning in FY 2013/14. The savings also include avoided
fuel and repair expenses from two restroom cleaning service vans that would be eliminated from the Sanitation
Division fleet, as well as the capital savings from not having to replace one of the vans, scheduled to be retired
in FY 2012/13. As a result of the contract award for beachfront restrooms janitorial services, the disposition of
City staff impacted by the privatization of the beachfront restrooms' maintenance will be handled in accordance
with provisions of the Collective Bargaining Agreement governing those positions. The existing four City
employees would be reassigned to other Sanitation crews. The equivalent number of vacant budgeted
positions in the Sanitation Division, as well as the two temporary positions would be reduced from the budget in
order to cover the beachfront restrooms contract cost and generate the previously described savings.
The Administration recommends adopting the resolution approving the PBS contract amendment.
Advisory Board Recommendation:
Financial Information:
Amount Account
Source of 1 $90,439.10 Contract Maintenance Account 435-0430-000325
j).~nds: 2 $13,993.34 Contract Maintenance Account 520-1720-000325
OBPI Total $104,842.44
Financial Impact Summary:
islative Trackin
Department Director nager
GL __ FB
T:\AGENDA\2012\3-21-12\Janitorial Services Contract Amendment SUMMARY.doc
C9 MIAMI BEACH 285
lD MIAMIB ...,.
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 \,\ r--.... /
March 21,2012 (} ()
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO. 2
TO THE CONTRACT BETWEEN THE CITY AND PROFESSIONAL
BUILDING SERVICES, DATED AUGUST 3, 2011, FOR CITYWIDE
JANITORIAL SERVICES; SAID AMENDMENT ADDING THE
FOLLOWING LOCATIONS: HISTORIC CITY HALL; POLICE
SUBSTATION; NORTH END OCEAN RESCUE HEADQUARTERS; AND
BEACHFRONT RESTROOMS; AND INCREASING THE CONTRACT,
IN THE AMOUNT OF $17,473.74 PER MONTH.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure Well-Maintained Facilities.
FUNDING
Funding will be provided from the following Accounts, for six (6) months of services required
during Fiscal Year 2012:
$90,849.10 Contract Maintenance Account 435-0430-000325
$13,993.34 Contract Maintenance Account 520-1720-000325
$104,842.44 Total
BACKGROUND
On July 13, 2011, the City Commission awarded contracts for Janitorial Services Citywide,
pursuant to Invitation to Bid (ITB) No. 13-10/11, to the following contractors: ISS Facility
Services, Inc., Omarcio Cleaning Services, Inc., Performance Cleaning Group, and
Professional Building Services (PBS). These contracts are effective until September 30,
2013, and may be renewed by mutual agreement for three (3) additional years, on a year to
year basis.
After the execution of contracts, it was noted that three of the locations, Historic City Hall,
Police South Substation and North End Headquarters/Ocean Rescue, had been omitted
from the Invitation to Bid, and needed to be added via Amendment using the
"Addition/Deletion of Facilities" clause of the contract.
286
Commission Memorandum -Janitorial Services Contract Amendment
March 21, 2012
Page2
On November 7, 2011, Procurement issued a request for quotes, including the
aforementioned locations, and the beachfront restrooms, from all four vendors awarded
contracts. Sealed quotes were received on November 10, 2011 from Professional Building
Services, Omarcio Cleaning Services, Inc., and ISS Facility Services, Inc. (see attached
tabulated results).
A Technical Review Panel (the "Panel") convened on December 7, 2011 to interview the two
lowest bidders, Professional Building Services, and ISS Facility Services, Inc. The Panel
consisted of the following individuals:
• Jorge Cane, P.E., Administration and Business Officer
• Alfonso Ritchie, Sanitation Operations Supervisor
• George Ruiz, Assistant Director Sanitation
• Gus Andino, Property Management Contracts Administrator
The Panel determined that the staff allocated by ISS was not adequate to provide the
necessary maintenance level of service for the restrooms, as reflected in the difference in
the proposed staffing level, and that the City would receive better value if Professional
Building Services (PBS) is awarded all facilities.
The Panel concluded that PBS had conducted a more thorough due diligence effort in
assessing the maintenance requirements of the beachfront restrooms. This was reflected in
their proposal that offered the most complete service coverage of all of the respondents, as
well as a plan that compared favorably against the currently provided services in terms of
level of service and cost. The Panel recommended the award of the additional janitorial work
to PBS.
ANALYSIS
The City's public restrooms are an important amenity serving the general public, and
residents along the beachfront -the heart of the City's tourist corridor. Maintaining these
key facilities clean and well-maintained is essential to helping preserve the City's status as a
world class destination. For a number of years, the City's Sanitation Division has provided
janitorial services for all the beachfront restrooms. These services are being provided by
two-man crews working two daily shifts, seven days a week. In order to be able to staff the
daily two-man crews, four City employees (municipal service workers), as well as two
temporary employees, are employed. A total of four employees are utilized on a daily basis
to provide these janitorial services. Their work is overseen by a Sanitation Division
operations supervisor. The budgeted personnel cost to provide these services, including
pension, benefits and supplies is $250,510/year.
As a result of the City's capital construction program, the number of restroom facilities
maintained by the Sanitation Division has grown over the years to ten, including the public
restrooms at South Pointe Park. The South Beach restrooms located at 6th, 10th, and 14th
Streets, along Ocean Drive, experience significantly high traffic that peaks during numerous
major City events, such as Memorial Day Weekend, New Year's, and Fourth of July
festivities. A new public restroom facility at the Unidad Senior Center in North Beach is
nearing completion.
287
Commission Memorandum -Janitorial Services Contract Amendment
March 21, 2012
Page3
The Parks & Recreation Department also oversees contracted outside janitorial services for
the newly constructed restrooms at SoundScape Park.
This growth in the number and geographical distribution of restroom facilities has stretched
City Sanitation personnel beyond originally anticipated levels of support and presented the
opportunity for staff to explore the possibility of contracting the maintenance of the
restrooms with industry professionals. An integrated service program offers the benefit of
competitive pricing while maximizing value and service delivery efficiencies. It also allows for
the redeployment of in-house resources to focus on their respective operational core areas.
PBS' plan offers a significantly higher level of service as well as a cost that is approximately
30% lower than by using City resources. PBS' plan divides the City into three zones: South
Pointe, South Beach, and Mid-Beach/North Beach. The South Pointe zone includes South
Pointe Park and the 3rd Street beachfront restrooms; the South Beach Zone includes the
beachfront restrooms from 6th Street through 21st Street; and the Mid-Beach North Beach
zone includes the beachfront restrooms from 35th street through 73rd Street.
Each zone will be staffed by a man and woman team per shift, for a total staff of six per shift.
This compares favorably with the current City staffing of two persons per shift; effectively
tripling the current service coverage. In an effort to further improve the service level and
efficiency, the vendor will include a woman as part of each zone's shift teams. Each of the
shifts will have a supervisor available that can assist with additional cleaning if needed. This
eliminates the need to temporarily close the women's restrooms when serviced by male
employees, which negatively affects the convenience of the public, and results in service
delays when the restrooms are occupied. The vendor will also provide pressure washing on
a weekly-basis as presently provided by City staff.
PBS' proposal also compares favorably with the City's current personnel budgeted cost of
$250,510 per year, and would generate Fiscal Year 2012/13 savings of $73,146 (29% cost
reduction from current budgeted cost) and recurring annual savings of $80,019 (31% cost
reduction) beginning in FY 2013/14. The savings include avoided fuel and repair expenses
from two restroom cleaning service vans that would be removed from the Sanitation Division
vehicle fleet, as well as avoided capital expenses from not having to replace one of the vans
scheduled to be retired in FY 2012/13.
As a result of the contract award for beachfront restrooms janitorial services, the disposition
of City staff impacted by the privatization of the beachfront restrooms' maintenance will be
handled in accordance with provisions of the Collective Bargaining Agreement governing
those positions. The existing four City employees would be reassigned to other Sanitation
crews. The equivalent number of vacant budgeted positions in the Sanitation Division, as
well as the two temporary positions would be reduced from the budget in order to cover the
contract cost and generate the previously described savings.
288
Commission Memorandum -Janitorial Services Contract Amendment
March 21, 2012
Page4
CONCLUSION
Based on the aforementioned, the Administration recommends that the Mayor and City
Commission adopt the resolution approving Amendment No. 2 to the contract between the
City Professional Building Services, dated August 3, 2011, for Citywide janitorial services;
said amendment adding the following locations: Historic City Hall, Police Substation, North
End Ocean Rescue Headquarters, and beachfront restrooms; and increasing the contract, in
the amount of $17,473.74 per month.
Attachment 1: Janitorial Services Contract Amendment Tabulated Results
DRB/FHB/RWS
T:\AGENDA \2012\3-21-12\Janitorial Services Contract Amendment Memo.docx
289
Attachment 1.
Janitorial Services Contract Amendment Tabulated Results
Month!Y Cost
Professional
ISS Building
I. CITY FACILITIES Facilities Services Omarcio
1 HISTORIC CITY HALL $3,436.04 $1,000.00 $1,721.17
2 POLICE SOUTH SUB STATION $ 337.92 $610.76 $ 821.11
NORTH END HEADQUARTERS OCEAN
3 RESCUE $407.25 $721.46 $921.71
11. RESTROOM FACILITIES
4 SOUTH POINTE RESTROOMS $1,672.20 $1,828.50 $6,521.07
South Pointe
3ra Street And Ocean Drive
5 SOUTH BEACH RESTROOMS $4,571.32 $ 7,719.98 $10,296.97
(Includes Extended Schedule during
Holidays and Special Events)
6m Street and Ocean Drive
1 au Street and Ocean Drive
14u Street and Ocean Drive
21 51 Street and Ocean Drive
6 MID BEACH AND NORTH BEACH
RESTROOMS $3,762.94 $5,593.04 $7,341.74
35m Street and Collins Avenue
46u Street and Collins Avenue
53ra Street and Collins Avenue (including
Ocean Rescue HQ)
64m Street and Collins Avenue
GRAND TOTAL FACILITIES AND RESTROOMS
(Items 1-6) $14,187.67 $17,473.74 $27,623.77
CONTRACT AMENDMENT FROM APRIL 1 THRU
SEPT. 30, 2012 (6 Months) (Items 1-6) $104,842.38
290
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO. 2 TO THE
CONTRACT BETWEEN THE CITY AND PROFESSIONAL BUILDING
SERVICES, DATED AUGUST 3, 2011, FOR CITYWIDE JANITORIAL
SERVICES; SAID AMENDMENT ADDING THE FOLLOWING
LOCATIONS: HISTORIC CITY HALL; POLICE SUBSTATION; NORTH
END OCEAN RESCUE HEADQUARTERS; AND BEACHFRONT
RESTROOMS; AND INCREASING THE CONTRACT, IN THE AMOUNT
OF $17,473.74 PER MONTH.
WHEREAS, on July 13, 2011, the City Commission awarded contracts for Janitorial
Services Citywide, pursuant to Invitation to Bid (ITB} No. 13-10/11, to the following
contractors: ISS Facility Services, Inc., Omarcio Cleaning Services, Inc., Performance
Cleaning Group, and Professional Building Services (PBS); and
WHEREAS, after the execution of contracts, it was noted that three (3) of the
locations, Historic City Hall, Police South Substation, and North End Headquarters/Ocean
Rescue, had been omitted from the ITB, and needed to be added via Amendment; and
WHEREAS, on November 7, 2011, the City's Procurement Department issued a
request for quotes for the additional janitorial work at the aforementioned locations, and also
the beachfront restrooms, to all four (4) vendors awarded contracts pursuant to the ITB; and
WHEREAS, a Technical Review Panel convened on December 7, 2011, and
recommended award of the additional janitorial work to PBS; and
WHEREAS, PBS' proposal compares favorably with the City's current budgeted cost
of $250,510 per year for beachfront restrooms janitorial services, and would generate Fiscal
Year 2012/13 savings of $73,146 (29% cost reduction from current budgeted cost) and
recurring annual savings of $80,019 (31% cost reduction) beginning in FY 2013/14.
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 Amendment No. 2 to the contract between the City and
Professional Building Services, dated August 3, 2011, for Citywide Janitorial Services; said
Amendment adding the following locations: Historic City Hall; Police Substation; North End
Ocean Rescue Headquarters; and Beachfront Restrooms; and increasing the contract, in the
amount of $17,473.74 per month.
PASSED AND ADOPTED THIS 21st day of March, 2012
ATTEST:
Robert H. Parcher, City Clerk
T:\AGENDA\2012\3-21-12\Janitorial Services Contract Amendment RESO.doc
291
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292
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution authorizing the City Manager to issue a Certification of Consistency with the City's FY
2008-2012 Consolidated Plan to the Housing Authority of the City of Miami Beach (HACMB), for their
Five-Year and Annual Plan for fiscal Year 2012 to be submitted to the U.S. Department of Housing
and Urban Development: further authorizing the City Manager to execute any subsequent
certifications of consistency with the City's Consolidated Plan for the aforesaid plans.
Key Intended Outcome Supported:
Increase access to affordable housing.
Supporting Data (Surveys, Environmental Scan, etc.):
Based on the 2010 Community Satisfaction Survey, affordable housing was a concern for those
surveyed.
Key Intended Outcome Supported:
Issue:
Shall the City authorize the City Manager to issue a Certification of Consistency Consolidated Plan
HACMB for their Five-Year and Annual Plan for Fiscal Year 2012?
Item Summary/Recommendation:
HACMB requested a Certification of Consistency with the Consolidated Plan as part oftheir Five-Year
and Annual Plan for Fiscal Year 2012. HACMB is required by the Public Housing Reform Act of 1998
to submit a Five-Year and Annual Plan and obtain a Certification of Consistency with the
Consolidated Plan from the entitlement jurisdiction where they operate. In accordance with the
Consolidated Plan adopted by the City, each request for a Certification of Consistency with the
Consolidated Plan requires City Commission review and approval. It is recommended that the City
Commission approve and authorize the City Manager to issue a Certification of Consistency with the
City's Consolidated Plan: further authorizing the City Manager to execute any subsequent
certifications of consistency with the City's Consolidated Plan for the aforesaid plans.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount Account Approved
Funds: 1 N/A
D 2
3
4
OBPI Total
Financial Impact Summary:
Clerk's Office Le islative Trackin :
Anna Parekh, Director, Office of Real Estate, Housing and Community Development
MIAMI BEACH 293
AGENDA ITEM ----:C:o--:-7....,..fl1_:___
DATE :fJ-/-{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 ~
March 21,2012 lJ.._/
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO ISSUE A CERTIFICATION OF CONSISTENCY WITH THE CITY'S
FY 2008-2012 CONSOLIDATED PLAN TO THE HOUSING AUTHORITY OF THE
CITY OF MIAMI BEACH (HACMB) FOR THEIR ANNUAL PLAN FOR FISCAL
YEAR 2012, TO BE SUBMITTED BY HACMB TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (U.S. HUD), FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE ANY SUBSEQUENT CERTIFICATIONS OF
CONSISTENCY WITH THE CITY'S CONSOLIDATED PLAN FOR THE
AFORESAID PLANS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On January 20, 2012, the Housing Authority of the City of Miami Beach (HACMB) requested
a Certification of Consistency with the Consolidated Plan for their Annual Plan for Fiscal
Year 2012. HACMB submits documents to U.S. HUD annually to enable them to continue
receiving federal funding for their housing programs. HACMB is required by the Public
Housing Reform Act of 1998, to submit a Five-Year and Annual Plan.
As part of the Consolidated Plan, U.S. HUD requires that housing authorities obtain and
submit a Certification of Consistency with the Consolidated Plan from the entitlement
jurisdiction where they operate. In accordance with the Consolidated Plan adopted by the
City, each request for a Certification of Consistency with the Consolidated Plan requires City
Commission review and approval.
The Housing Authority's Five-Year and Annual Plan for Fiscal Year 2012 include a Capital
Fund Program Statement, and delineate the main goals to be implemented by HACMB. The
Plan identifies an estimated $210,653 in Capital Fund repairs per year and enumerates key
programs and activities for HACMB, including:
• Increasing the supply of assisted housing by applying for additional Section 8 Rental
Vouchers, reducing public housing vacancies, leveraging affordable housing resources
to create new units and increasing home ownership through the Family Self Sufficiency
(FSS) program.
294
HACMB Annual Plan 2012 Memo
3121/2012
Page 2 of2
• Increasing assisted housing choices through outreach efforts to potential landlords,
pursuing housing resources other than public housing or Section 8 and implementing
Voucher Mobility Counseling.
• Addressing housing needs of specific family types by targeting available assistance to
the elderly, continuing Elderly Designation for Rebecca Towers, affirmatively marketing
to races/ethnicities shown to have disproportionate housing needs and investing efforts
and resources to create/locate housing opportunities out of poverty areas.
To meet the mission and goals in the Five-Year Plan the HACMB is implementing the
following:
• Special efforts and training to continue to be a high performing authority.
• Continued construction on one (1) new building that will provide over 30 new affordable
housing units.
• Performing significant physical improvements to presently owned HACMB buildings and
wisely investing capital funds to continue the renovation and modernization of the
HACMB buildings.
• Continuing the development of additional supportive services for the HACMB
participants; HACMB has created a committee of area community agencies to discuss
and implement new services and approaches to benefit the HACMB's tenants and the
community in general.
• Integrating additional vouchers [175 HUD-Veterans Affairs Supportive Housing (HUD-
VASH) Vouchers and 257 Housing Choice Vouchers (HCV) Special Appropriation
Vouchers].
The City's Consolidated Plan identifies long term objectives ("Improvements to Housing
Authority") and a five-year strategic plan where key goals are identified. These include the
expansion of the supply of assisted housing, improving the quality of facilities, increasing
assisted housing choices, promoting self-sufficiency and ensuring equal opportunities.
Under the Public Housing Strategy, the Consolidated Plan identifies HACMB as providing
assistance to the lowest income segment of the population through initiatives such as
operating buildings designated for the elderly and administering portable rental certificates
and vouchers. HACMB is currently involved in the construction of additional, new affordable
housing for the elderly and the rehabilitation of existing multi-family housing.
CONCLUSION
The Administration recommends adoption of the attached Resolution of the Mayor and City
Commission of the City of Miami Beach, Florida, approving and authorizing the City Manager
to issue a Certification of Consistency with the City's FY 2008-2012 Consolidated Plan to the
Housing Authority of the City of Miami Beach (HACMB) for their Five-Year and Annual Plan
for Fiscal Year 2012 to be submitted by HACMB to U.S. HUD: further authorizing the City
Manager to execute any subsequent certifications of consistency with the City's
Consolidated Plan for the aforesaid plans.
JMG/HMF/AP/BG
295
and
RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER TO ISSUE A CERTIFICATION OF CONSISTENCY
WITH THE CITY'S FY 2008-2012 CONSOLIDATED PLAN TO THE
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH (HACMB) FOR
THEIR ANNUAL PLAN FOR FISCAL YEAR2012, TO BE SUBMITTED BY
HACMB TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (U.S. HUD): FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY SUBSEQUENT CERTIFICATIONS OF
CONSISTENCY WITH THE CITY'S CONSOLIDATED PLAN FOR THE
AFORESAID PLANS.
WHEREAS, on July 16, 2008, the Mayor and City Commission approved the City's Consolidated Plan;
WHEREAS, the Housing Authority of the City of Miami Beach (HACMB) is proposing to submit a Five-
Year and Annual Plan to the U.S. Department of Housing and Urban Development (U.S. HUD) as part of the
documentation for continued funding for the operation of and subsidies for rental housing programs
administered by HACMB; and
WHEREAS, U.S. HUD requires that local housing authorities obtain and submit a Certification of
Consistency with the Consolidated Plan from the entitlement jurisdiction where the proposed activity is located;
and
WHEREAS, HACMB has submitted to the City its Five-Year and Annual Plan for Fiscal Year 2012;
and
WHEREAS, HACMB has requested that the City issue the required Certification of Consistency with
the FY 2008-2012 Consolidated Plan; and
WHEREAS, in accordance with the City's adopted Consolidated Plan, each request for a Certification
of Consistency with the FY 2008-2012 Consolidated Plan requires City Commission review and approval; and
WHEREAS, HACMB's Five-Year and Annual Plan for Fiscal Year 2012 includes a Capital Fund
Program Statement, and delineates the main goals to be implemented by HACMB; and
WHEREAS, the Administration has reviewed the proposed activities of the HACMB's Five-Year and
Annual Plan and found them to be consistent with the City's FY 2008-2012 Consolidated Plan.
296
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 authorize the City Manager to issue
a Certification of Consistency with the City's Consolidated Plan to the Housing Authority of the City of Miami
Beach (HACMB) for its Annual Plan for Fiscal Year 2012, to be submitted by the HACMB to the U.S.
Department of Housing and Urban Development (U.S. HUD}, and further authorizing the City Manager to
execute any subsequent Certifications of Consistencies with the City's Consolidated Plan for the
aforesaid plans.
PASSED AND ADOPTED this ___ day of ______ , 2012.
ATTEST:
CITY CLERK
JMG/HMF/AP/bg
297
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~~)-~ li7l<?-.-rCity Attomey~(l-.-~
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298
COMMISSION ITEM SUMMARY
Condensed Title:
Resolution authorizing a Substantial Amendment to the City's 2008 Action Plan to reprogram $24,842 of Homeless Prevention
and Rapid Re-Housing Program funds to reduce the funding from administration costs while increasing the funding for direct
financial assistance services to eligible homeless clients; further authorizing the City Manager to execute all contracts,
agreements and amendments necessary to carry out the above _Qrogram.
Key Intended Outcome Supported:
Reduce the number of homeless.
Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2009 Community Satisfaction Survey, 44% of residents rated
the City's ability to address homelessness as excellent or good.
Issue:
Shall the Mayor and City Commission authorize a Substantial Amendment to the City's 2008 Action Plan to reprogram $24,842
of Homeless Prevention and Rapid Re-housing administrative funds, to reduce administrative funds and increase funding for
direct services, and authorize the City Manager to execute all contracts, agreements and amendments between the City and
HUD?
Item Summary/Recommendation:
The American Recovery and Reinvestment Act of 2009 allocated $715,418 to the City of Miami Beach under Title XII of the Act
for Homeless Prevention and Rapid Re-Housing (HPRP). On July 14, 2009, the City entered into a grant agreement with the
U.S. Department of Housing and Urban Development (U.S. HUD) for a total of $715,418 in HPRP funds. HUD rules require
that 60% of the funds be spent within two years (July 14, 2011), and the remaining balance must be spent by the end of the
third year (July 14, 2012). The funding was awarded for two distinct components: Homeless Prevention Services and Rapid
Re-Housing Services. The HPRP allocation included specific funding for administrative costs.
The Homeless Prevention Services component was allocated $380,000 and was administered by the City's Office of
Community Services. The Rapid Re-Housing Services component was initially allocated $270,000 and was administered by the
City's Homeless Services Programs office.
The City realized savings on the administrative expenses budgeted to meet the objectives of HPRP. Accordingly, the
Administration recommends reducing funds allocated to administrative costs by $24,842 to be reprogrammed to provide direct
financial assistance to eligible clients through the Rapid Re-Housing Program prior to the program's expiration.
Advisory Board Recommendation:
Financial Information:
Source of Funds: Amount Account
1 $24,842 FY 2011 Homeless Prevention and Rapid Re-housing Program (HPRP)
Account #153-5851-00348
2
I L~ I 3
OBPI Total $24,842 FY 2011 Homeless Prevention and Rapid Re-housing Program (HPRP)
Account #153-5851-000345
Financial Impact Summary: Approval of this resolution will not have a fiscal impact on the City. This Resolution will simply
reallocate HPRP funds to meet the most urgent and critical needs of the City's homeless population.
City Clerk's Office legislative Tracking:
MIAMI BEACH 299
AGENDA ITEM _C_7.,....,;1/:;..___
DATE 3-)f/2-
(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 Managerr7\~
March 21,2012 '{_f--/
A RESOLUTION AUTHORIZING A SUBSTANTIAL AMENDMENT TO THE CITY'S
2008 ACTION PLAN TO REPROGRAM $24,842 OF HOMELESS PREVENTION
AND RAPID RE-HOUSING PROGRAM FUNDS TO REDUCE THE FUNDING FROM
ADMINISTRATION COSTS, WHILE INCREASING THE FUNDING FOR DIRECT
FINANCIAL ASSISTANCE SERVICES TO ELIGIBLE HOMELESS CLIENTS;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL CONTRACTS,
AGREEMENTS AND AMENDMENTS NECESSARY TO CARRY OUT THE ABOVE
PROGRAM.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
ANALYSIS
Through Title XII, Division A, of the American Recovery and Reinvestment Act of 2009 (ARRA),
Congress designated $1.5 billion for Homeless Prevention and Rapid Re-Housing (HPRP),
allowing states and units of local government to provide financial assistance and services to
prevent individuals and families from becoming homeless or help those who are experiencing
homelessness to be rapidly re-housed and stabilized. On July 14, 2009, the City entered into a
grant agreement with the U.S. Department of Housing and Urban Development (U.S. HUD) for a
total of $715,418 in HPRP funds. HUD rules require that 60% of the funds be spent within two
years (July 14, 2011) of the City's execution of the agreement with HUD, and the remaining
balance must be spent by the end of the third year (July 14, 2012). Rather than contracting with
a sub-grantee, the Administration opted to administer the new program internally.
The City, through its Homeless Services Program, and its Office of Community Services, has
been carrying out the Homelessness Prevention and Rapid Re-Housing services in two distinct
components, as listed below:
1. Homeless Prevention Services: The City provided short-term assistance (defined as
rental costs accrued over a period of three months) and medium-term assistance (defined
as actual rental costs accrued over a period of four months to 18 months) to eligible
individuals or families at risk of becoming homeless and who were at or below 50% of the
Area Median Income (AMI). The City originally allocated $300,000 for financial assistance
to eligible clients and $80,000 for housing relocation and stabilization funds. On July 13,
2011, the City Commission authorized a reallocation of $65,600 from housing relocation
and stabilization funds to financial assistance in Rapid Re-housing services for homeless
persons. To date 99.97% of the prevention funding has been expended.
300
City Commission-HPRP Reallocation of Funds
March 21, 2012
Page 2of2
2. Rapid Re-Housing Services: The City provides assistance to homeless persons (as
defined by HUD) transitioning from emergency shelters or the streets into permanent
housing. The following activities are eligible: security and utility deposits, and up to 18
months of rental assistance, housing search and placement. An outreach and case
management component is part of this program to allow for the arrangement, coordination
and delivery of these services. The City originally allocated $200,000 for financial
assistance to eligible clients and $70,000 for housing relocation and stabilization funds.
The HPRP funding included specific funding for administrative costs associated with
administering this grant. The City has realized savings on the administration expenses
budgeted to meet the objectives of the HPRP, and accordingly, the administration recommends
reprogramming these savings to provide increased direct services to needy people. Currently,
$24,842 of available, unspent administrative funds may be reprogrammed for direct services.
Prior to amending a plan which has been approved by HUD, the City must submit a Substantial
Amendment and demonstrate compliance with public notice and citizen participation
requirements. Therefore, an advertisement was placed in the Miami Herald and the draft
Substantial Amendment was posted on the City's website. Furthermore, a public meeting was
held on February 12, 2012, at the Office of Real Estate, Housing, and Community Development.
No members of the public attended the public meeting. To date, no public comments have
been received. The 30-day public comment period will close on March 13, 2012, and public
comments received by the close of the comment period, if any, will be made available to the
City Commission.
CONCLUSION
HPRP has enabled the City to expand the level and depth of supportive services by temporarily
offering the City's homeless residents additional services including rental assistance, utility
assistance, and outreach and case management services. City Commission approval of the
proposed amendment will enable the City to expend the HPRP funds in a manner that most
appropriately and directly addresses the growing needs of the City's homeless population.
It is recommended that the Mayor and City Commission authorize a Substantial Amendment to
the City's 2008 Action Plan to reprogram $24,842 of Homeless Prevention and Rapid Re-
Housing Program funds to reduce the funding from administration costs while increasing the
funding for direct financial assistance services to eligible homeless clients, and further
authorizing the City Manager to execute all contracts, agreements, and amendments necessary
to carry out the program.
JMG~AP/KM
T:\AGENDA\2012\3-21-12\Reprogram HPRP Funds-MEMO.doc
301
RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING A SUBSTANTIAL
AMENDMENT TO THE CITY'S 2008 ACTION PLAN TO REPROGRAM
$24,842 OF HOMELESS PREVENTION AND RAPID RE-HOUSING
PROGRAM FUNDS TO REDUCE THE FUNDING FROM ADMINISTRATION
COSTS WHILE INCREASING THE FUNDING FOR DIRECT FINANCIAL
ASSISTANCE SERVICES TO ELIGIBLE HOMELESS CLIENTS; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL CONTRACTS,
AGREEMENTS AND AMENDMENTS NECESSARY TO CARRY OUT THE
ABOVE PROGRAM.
WHEREAS, the American Recovery and Reinvestment Act of 2009 allocated
$715,418 under Title XII of the Act for Homeless Prevention and Rapid Re-Housing
(HPRP) to the City of Miami Beach (City) to provide program participants with financial
assistance, housing relocation and stabilization, as well as data collection and evaluation,
and administrative costs; and
WHEREAS, on May 13, 2009, the City approved Resolution No. 2009-27072,
approving the City's planned use of funds to provide homeless prevention assistance to
participants who are at or below 50% of the Area Median Income and to rapidly re-house
persons who are homeless as defined by HUD; and
WHEREAS, the City entered in to an agreement with the Department of Housing
and Urban Development (HUD) on July 14, 2009, for the Homeless Prevention and
Rapid Re-Housing Program in the amount of $715,418 (HPRP Agreement);
WHEREAS, the HPRP Agreement will expire on July 14, 2012; and
WHEREAS, the City's originally contemplated administrative expenses to meet
the objectives of HPRP were not fully utilized; and
WHEREAS, the Administration recommends reducing administrative costs by
$24,842 to be reprogrammed to provide direct financial assistance to eligible clients
through the Rapid Re-Housing Program prior to the expiration of the HPRP Agreement;
and
WHEREAS, the City has complied with HUD-required public notice and citizen
participation requirements prior to submitting a Substantial Amendment to the City's 2008
Action Plan.
302
'" ..
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 authorize a Substantial Amendment to the City's 2008 Action Plan to
reprogram $24,842 of Homeless Prevention and Rapid Re-Housing Program funds to
reduce the funding from administration costs while increasing the funding for direct
financial assistance services to eligible homeless clients, and further authorizing the City
Manager to execute all contracts, agreements, and amendments necessary to carry out
the program.
PASSED AND ADOPTED this ___ day of-------' 2012.
ATTEST:
CITY CLERK
Robert Parcher
303
MAYOR
Matti Herrera Bower
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~~-\--'\1"'M #
THIS PAGE INTENTIONALLY LEFT BLANK
304
COMMISSION ITEM SUMMARY
Condensed Title:
Resolution authorizing a Substantial Amendment to the City's 2008 Action Plan to reprogram $26,117.28 of Community
Development Block Grant Recovery (CDBG-R) funds from CDBG-R Program Administration funds to the Boys and Girls Clubs
of Miami-Dade Youth Center construction project.
Key Intended Outcome Supported:
Ensure value and timely delivery of quality capital projects.
Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2009 Community Satisfaction Survey, 100% of residents rated
the City's ability to ensure value and timely delivery of quality capital projects as excellent or good.
Issue:
Shall the Mayor and City Commission authorize a Substantial Amendment to the City's 2008 Action Plan to reprogram
$26,117.28 of CDBG-R funds and authorize the City Manager to execute all contracts, agreements and amendments between
the City and HUD, and between the City and the Boys & Girls Club of Miami-Dade?
Item Summary/Recommendation:
Through Title XII, Division A, of the American Recovery and Reinvestment Act of 2009 (ARRA), Congress designated $1 billion
for the CDBG-R program. On September 17, 2009 the City entered into a grant agreement with the U.S. Department of
Housing and Urban Development (U.S. HUD) for a total of $467,896 in CDBG-R funds, of which $391,107 was allocated to
UNlOAD of Miami Beach, Inc. for construction of a senior center, $30,000 was allocated to Teen Jobs Corps for a youth
employment training program, and $46,789 was allocated to the Office of Real Estate, Housing and Community Development
for Program Administration. The CDBG-R program expires September 30, 2012.
The City realized savings on the originally contemplated administrative expenses to meet the objectives of CDBG-R and,
accordingly, the Administration recommends reducing administrative costs by $26,117.28 and reprogramming these funds for
another shovel-ready construction project which will serve low and moderate income youth in the South Beach Target Area.
The Administration has identified the Boys and Girls Clubs construction project currently underway in Flamingo Park (B&GC
Project) as a suitable project for allocation of the available funds. The B&GC Project which consists of demolition of an existing
building and construction of a new youth center has recently discovered a funding gap which can be assisted by the available
CDBG-R funds. The project is anticipated to be complete by the September 30, 2012, HUD expenditure deadline.
The CDBG-R program has already enabled the City to contribute $391,107 to UN I DAD of Miami Beach, Inc. for construction of
a senior center, and $30,000 to Teen Jobs Corps for a youth employment training program, two programs that meet HUD's
national objective of benefiting low and moderate income persons. By reprogramming unexpended administrative funds, the
City will be providing assistance to a third program and expending the CDBG-R funds in a manner that most appropriately and
directly addresses the growing needs of the City's low and moderate income population.
Advisory Board Recommendation:
Financial Information:
Source of Funds: Amount Account
1 $26,117.28 RHCD CDBG-R Program Administration Account #139-5250
til/1 2
I=IVI 3
OBPI Total $26,117.28 Boys& Girls Clubs of Miami-Dade Youth Center (CDBG-R) Account
Financial Impact Summary: Approval of this resolution will not have a fiscal impact on the City. This Resolution will simply
reallocate CDBG-R funds to meet HUD's national objective within the program deadlines.
City Clerk's Office Legislative Tracking:
MIAMI BEACH 305
MG
AGENDA ITEM _C,_7-=-=tJ __
DATE :J-d-/-jz___
m 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~
March21,2012 ~
A RESOLUTION AUTHORIZING A SUBSTANTIAL AMENDMENT TO THE CITY'S
2008 ACTION PLAN TO REPROGRAM $26,117.28 OF COMMUNITY
DEVELOPMENT BLOCK GRANT RECOVERY (CDBG-R) FUNDS TO REDUCE THE
FUNDING FROM ADMINISTRATION COSTS WHILE INCREASING THE FUNDING
FOR THE BOYS AND GIRLS CLUBS OF MIAMI-DADE FOR CONSTRUCTION OF A
NEW YOUTH CENTER; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL CONTRACTS, AGREEMENTS AND AMENDMENTS NECESSARY
TO CARRY OUT THE ABOVE PROGRAM.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
ANALYSIS
Through Title XII, Division A, of the American Recovery and Reinvestment Act of 2009 (ARRA),
Congress designated $1 billion for the CDBG-R program. On September 17, 2009 the City
entered into a grant agreement with the U.S. Department of Housing and Urban Development
(U.S. HUD) for a total of $467,896 in CDBG-R funds. Resolution 2009-27097 allocated
$391,107 to UNlOAD of Miami Beach, Inc. for construction of a senior center, $30,000 to Teen
Jobs Corps for a youth employment training program and $46,789 to the Office of Real Estate,
Housing and Community Development for Program Administration. The CDBG-R program
expires September 30, 2012.
All of the originally contemplated administrative expenses to meet the objectives of CDBG-R
were not fully utilized and, accordingly, the Administration recommends reducing administrative
costs by $26,117.28 and to reprogram these funds for another shovel-ready construction project
which will serve low and moderate income youth in the South Beach Target Area. The
Administration has identified the Boys and Girls Clubs construction project currently underway in
Flamingo Park (B&GC Project) as a suitable project for allocation of the available funds. The
B&GC Project consists of demolition of an existing building and construction of a new youth
center and is currently undergoing plans review for permitting. A recently discovered budget
gap due to unanticipated project cost increases can be helped, but not completely filled, by the
recommended reprogramming of CDBG-R administrative funds. The Boys & Girls Club is
aggressively pursuing the balance of the funding to fill the budget gap and the project is
anticipated to be complete by the September 30, 2012, HUD expenditure deadline.
Prior to amending the City's CDBG-R expenditure plan which was approved by HUD, the City
must submit a Substantial Amendment and demonstrate compliance with public notice and
citizen participation requirements. Therefore, an advertisement was placed in the Miami Herald
and the draft Substantial Amendment was posted on the City's website. Furthermore, a public
meeting was held on March 14, 2012, at the Office of Real Estate, Housing, and Community
Development. At the time of the writing of this memorandum, no public comments had been
306
City Commission-HPRP Reallocation of Funds
March 21, 2012
Page2of2
received. The HUD-required seven-day public comment period closes on March 16, 2012, and
public comments received by the close of the comment period, if any, will be made available to
the City Commission.
CONCLUSION
The CDBG-R program has already enabled the City to contribute $391,107 to UN I DAD of Miami
Beach, Inc. for construction of a senior center, and $30,000 to Teen Jobs Corps for a youth
employment training program, two programs that meet HUD's national objective of benefiting
low and moderate income persons. By reprogramming unexpended administrative funds, the
City will be providing assistance to a third program and expending the CDBG-R funds in a
manner that most appropriately and directly addresses the growing needs of the City's low and
moderate income population.
It is recommended that the Mayor and City Commission authorize a Substantial Amendment to
the City's 2008 Action Plan to reprogram $26,117.28 of CDBG-R Program funds to reduce the
funding from administration costs while increasing the funding for the Boys and Girls Clubs of
Miami-Dade for construction of a new youth center; further authorizing the City Manager to
execute all contracts, agreements and amendments necessary to carry out the above program.
JMG~F~BG
307
RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING A SUBSTANTIAL
AMENDMENT TO THE CITY'S 2008 ACTION PLAN TO REPROGRAM
$26,117.28 OF COMMUNITY DEVELOPMENT BLOCK GRANT
RECOVERY (CDBG-R) FUNDS TO REDUCE THE FUNDING FROM
ADMINISTRATION COSTS WHILE INCREASING THE FUNDING FOR
THE BOYS AND GIRLS CLUBS OF MIAMI-DADE YOUTH CENTER
PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL CONTRACTS, AGREEMENTS AND AMENDMENTS
NECESSARY TO CARRY OUT THE ABOVE PROGRAM.
WHEREAS, through Title XII, Division A, of the American Recovery and
Reinvestment Act of 2009 (ARRA), Congress designated $1 billion for the CDBG-R
program; and
WHEREAS, On September 17, 2009 the City entered into a grant agreement
with the U.S. Department of Housing and Urban Development (U.S. HUD) for a total of
$467,896 in CDBG-R funds, of which $391,107 was allocated to UNlOAD of Miami
Beach, Inc. for construction of a senior center, $30,000 to Teen Jobs Corps for a youth
employment training program and $46,789 to the Office of Real Estate, Housing and
Community Development for Program Administration; and
WHEREAS, the CDBG-R program will expire on September 30, 2012; and
WHEREAS, the City's originally contemplated administrative expenses to meet
the objectives of CDBG-R were not fully utilized; and
WHEREAS, all of the originally contemplated administrative expenses to meet
the objectives of CDBG-R were not fully utilized and, accordingly, the Administration
recommends reducing administrative costs by $26,117.28 and to reprogram these funds
for another shovel-ready construction project which will serve low and moderate income
youth in the South Beach Target Area; and
WHEREAS, the Administration has identified the Boys and Girls Clubs
construction project currently underway in Flamingo Park (B&GC Project) as a suitable
project for allocation of the available funds; and
WHEREAS, the City has complied with HUD-required public notice and citizen
participation requirements prior to submitting a Substantial Amendment to the City's 2008
Action Plan.
308
' '
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 authorize a Substantial Amendment to the City's 2008 Action Plan to
reprogram $26,117.28 of Community Development Block Grant Recovery (CDBG-R) funds
to reduce the funding from administrative funds while increasing the funding for the Boys
and Girls Clubs of Miami-Dade Youth Center Project, further authorizing the City Manager
to execute all contracts, agreements, and amendments necessary to carry out the above
program.
PASSED AND ADOPTED this ___ day of _______ ,, 2012.
ATTEST:
CITY CLERK
Robert Parcher
309
MAYOR
Matti Herrera Bower
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
expstat.rpt Expenditure Status Report Page: 1 03/12/2012 3:25PM Periods: 0 through 13 CITY OF MIAMI BEACH 10/01/2011 through 9/30/2012 139 CDGB-R 5250 CDBG-R Formula Grant (Recovery Act) Adjusted Year-to-date Year-to-date Prct Account Number Appropriation Expenditures Expenditures Encumbrances Balance Used 000100 PERSONNEL SERVICES 000111 Salaries and Wages 36,477.80 0.00 0.00 0.00 36,477.80 0.00 Total PERSONNEL SERVICES 36,477.80 0.00 0.00 0.00 36,477.80 0.00 000300 OPERATING EXPENDITURES 000343 Other Operating Expenditures 5,000.00 0.00 0.00 0.00 5,000.00 0.00 Total OPERATING EXPENDITURES 5,000.00 0.00 0.00 0.00 5,000.00 0.00 w Total CDGB-R 41,477.80 0.00 0.00 0.00 41,477.80 0.00 ~ 0 Grand Total 41,477.80 0.00 0.00 0.00 41,477.80 0.00 Page: 1
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution accepting the recommendation of the Finance and Citywide Projects Committee waiving the
Square Footage and Lummus Park User fees for Gay Pride 2012 and requesting the administration
develop criteria for future fee waivers.
Key Intended Outcome Supported:
Increase community ratings of cultural activities.
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey reported
more than one-fifth of all resident respondents feel there are "too few" family friendly activities (24.6%) and
cultural activities (24.1 %). Additionally, on average, residents attended 10.61 cultural activities per year and
7.19 family friendly activities per year.
Issue:
Shall the City Commission waive the Square Footage and Lummus Park User fees for Gay Pride 2012?
Item Summary/Recommendation:
In 2008, Mayor Bower created the Gay Business Development Ad Hoc Committee. One of the first
initiatives of this Ad Hoc Committee was to establish a Miami Beach Gay Pride. In 2009, the Committee
celebrated the inaugural Miami Beach Pride event and they have successfully produced the event for three
(3) consecutive years. The City does not provide waivers to any entity for hard costs (police and fire
personnel, parking or sanitation), and cannot waive building fees by State law.
On July 13, 2011, Commissioner Gongora referred a discussion concerning city fees and charges for Gay
Pride 2012 to the Finance and Citywide Projects Committee (FCWPC). FCWPC deferred the matter until
such time as the organizers of Gay Pride could provide the City with documentation showing the positive
economic impact the event has the on the community. The item was discussed on March 1, 2012 and the
City explained that the Square Footage and Lummus Park User fees could be waived if the Committee
determined it was in the City's interest to do so. Chip Arndt, Finance Director of Pride, presented statistics
on hotel occupancy during past Pride events. Upon further discussion, the Committee recommended in
favor of a one-year waiver be given for the Square Footage and Lummus Park User fees for Gay Pride
2012 and that Staff work with Pride representatives to create criteria for future fee waivers. In 2011, the
Square Footage Fee equaled $5,130.65 and the Lummus Park User Fee equaled $3,476. 70, totaling
$8,607.35.
The Administration will also develop criteria for future fee waivers and will present those to the Finance and
Citywide Projects Committee.
The Finance and Citywide Projects Committee recommended in favor of the waiver at their March 1, 2012
meetin .
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary: In 2011, the Square Footage Fee equaled $5,130.65 and the Lummus
Park User Fee equaled $3,476.70, totaling $8,607.35.
City Clerk's Office Legislative Tracking: I Max Sklar
Si n-Offs:
Department Director
AGENDA ITEM _C_7_P_
DATE .3 -2/-/7_ MIAMI BEACH 311
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Matti Herrera Bower and Members of the · y Commission
Jorge M. Gonzalez, City Manager ~
March 21, 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 WAIVING THE SQUARE
FOOTAGE AND LUMMUS PARK USER FEES FOR GAY PRIDE 2012 AND
REQUESTING THE ADMINISTRATION DEVELOP CRITERIA FOR FUTURE FEE
WAIVERS.
ADMINISTRATION RECOMMENDATION
As directed by the Finance and Citywide Projects Committee, the Administration recommends
waiver of Square Footage Fee ($5, 130.65) and the Lummus Park User Fee ($3,476.70) for Gay
Pride 2012.
BACKGROUND
In 2008, Mayor Bower created the Gay Business Development Ad Hoc Committee. One of the
first initiatives of this Ad Hoc Committee was to establish a Miami Beach Gay Pride. In 2009,
the Committee celebrated the inaugural Miami Beach Pride event and they have successfully
produced the event for three (3) consecutive years. The City does not provide waivers to any
entity for hard costs (police and fire personnel, parking or sanitation), and cannot waive building
fees by State law. It should be also noted that approximately ten (1 0) years ago, fee waivers for
special events were reduced significantly because most non-profits were receiving waivers for a
majority of their special event permit related fees. Since that time, all new events produced by a
non-profit could only receive a waiver of their Application and Permit fees; all other fees are
required to be paid. As a result, Miami Beach Gay Pride has been required to pay for all special
event permit fee except for the Application and Permit fees.
On July 13, 2011, Commissioner Gongora referred a discussion concerning city fees and
charges for Gay Pride 2012 to the Finance and Citywide Projects Committee (FCWPC).
FCWPC deferred the matter until such time as the organizers of Gay Pride could provide the
City with documentation showing the positive economic impact the event has the on the
community. The item was discussed at the FCWPC on March 1, 2012 and the City explained
that the Square Footage and Lummus Park User fees could be waived if the Committee
determined it was in the City's interest to do so. Chip Arndt, Finance Director of Pride,
presented statistics on hotel occupancy during past Pride events. Upon further discussion, the
Committee recommended in favor of a one-year waiver be given for the Square Footage and
Lummus Park User fees for Gay Pride 2012 and that Staff work with Pride representatives to
create criteria for future fee waivers. In 2011, the Square Footage Fee equaled $5,130.65 and
the Lummus Park User Fee equaled $3,476.70, totaling $8,607.35.
312
City Commission Memorandum
Ordinance Amendment-Film and Print Productions
March 21, 2012 Page2
The Administration will also develop criteria for future fee waivers and will present those to the
Finance and Citywide Projects Committee.
CONCLUSION
As directed by the Finance and Citywide Projects Committee, waiver of Square Footage Fee
($5,130.65) and the Lummus Park User Fee ($3,476.70) for Miami Beach Gay Pride 2012 is
being presented for consideration.
JMG/HMF/MAS
T:\AGENDA\2012\3-21-12\Gay Pride Fee Wiaver Reso Memo doc.docx
313
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 WAIVING THE SQUARE FOOTAGE
AND LUMMUS PARK USER FEES FOR GAY PRIDE 2012 AND
REQUESTING THE ADMINISTRATION DEVELOP CRITERIA
FOR FUTURE FEE WAIVERS.
WHEREAS, in 2008, Mayor Bower created the Gay Business Development Ad Hoc
Committee whose first initiative was the creation of Miami Beach Gay Pride; and
WHEREAS, Miami Beach Gay Pride is a not-for-profit organization that produces free,
safe, quality mass-appeal events that are open to all, and that include the Parade, Festival,
Expo, and adjunct, officially sanctioned Miami Beach Gay Pride events; and
WHEREAS, Miami Beach Gay Pride has produced three (3) successful years of events
that have generated hotel room nights in Miami Beach; and
WHEREAS, the Finance and Citywide Projects Committee recommended waiving the
Square Footage Fee, estimated at $5, 130.65, and the Lummus Park User Fee, estimated at
$3,476.70 for Gay Pride 2012.
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 Finance and Citywide Projects
Committee waiving the Square Footage and Lummus Park User fees for Gay Pride 2012 and
requesting the administration develop criteria for future fee waivers.
PASSED AND ADOPTED this 21st day of March, 2012.
Attest:
CITY CLERK
T:\AGENDA\2012\3-21-12\Gay Pride Waiver 2012.SUMM.doc
314
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Approving And Authorizing The City Manager To Execute A
Memorandum Of Understanding Between The City And Sunset Islands Ill & IV Property Owners, Inc.,
Memorializing Certain Additional Timeframes And Terms And Conditions, As Agreed To Between The Parties,
And Pertaining To The Proposed Creation And Establishment By The City Of The Proposed Sunset Islands 3 &
4 Special Assessment District For Undergrounding Utilities.
Key Intended Outcome Supported:
Issue:
Item Summary/Recommendation:
Pursuant to Resolution No. 2002-24761, adopted on February 20, 2002, the City Administration has been
working with the Sunset Islands Ill and IV Property Owners Association (HOA) toward the creation of a special
assessment district to fund the conversion of overhead utilities to underground on said Islands.
During the past year, the HOA has been working with the Administration on its proposed undergrounding
district, and it expects that the initial resolution establishing the special assessment district will likely be taken to
the City Commission for approval sometime in late Summer or early Fall2012.
On February 8, 2012, the Mayor and City Commission approved Resolution No. 2012-27842, approving and
allowing the HOA to proceed with the election requirement imposed by the City Commission, which requires
that, as a condition precedent to its final establishment of the proposed special assessment district, at least
sixty percent (60%) of the benefitted property owners within such district vote in favor of its
creation/establishment by the City, and of the levy of a special assessment to fund the costs of the
contemplated undergrounding project. The Resolution also adopted guidelines and procedures for the election,
which will be a mail ballot election.
To re-affirm certain benchmarks and timelines pertaining to the election, and other terms agreed to between the
City and the HOA with respect to the creation and establishment of the proposed Sunset Islands 3 & 4 Special
Assessment District for Undergrounding Utilities, the City and the HOA agreed to execute a Memorandum of
Understanding (MOU) (Attachment A), containing the following elements:
1. Election Timeframe;
3. Traffic Circle and Sidewalk
2. Additional Conditions, a)Costs, b)Funding;
4. Construction Timeframe
The Administration recommends adopting the Resolution.
Advisory Board Recommendation:
Financial Information:
Amount
Source of 1
Funds: 2
OBPI Total
Financial Impact Summary:
Cit Clerk's Office le islative Trackin :
Department Director
FB
T:\AGENDA\2012\3-21-12\Sunset Islands 3 & 4. SUMMARY.doc
MlAMIBEACH 315
Account
AGENDA ITEM _C_7_Q_
DATE 3-;t/-/L
(9 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 Member~of the Cit Commission
FROM: Jorge M. Gonzalez, City Manager G
DATE: March 21, 2012 u
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND SUNSET ISLANDS Ill & IV PROPERTY
OWNERS, INC., MEMORIALIZING CERTAIN ADDITIONAL TIMEFRAMES AND TERMS
AND CONDITIONS, AS AGREED TO BETWEEN THE PARTIES, AND PERTAINING TO
THE PROPOSED CREATION AND ESTABLISHMENT BY THE CITY OF THE
PROPOSED SUNSET ISLANDS 3 & 4 SPECIAL ASSESSMENT DISTRICT FOR
UNDERGROUNDING UTILITIES.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
BACKGROUND
Pursuant to Resolution No. 2002-24761, adopted on February 20, 2002, the City Administration has
been working with the Sunset Islands Ill & IV Property Owners Association (HOA) toward the
creation of a special assessment district to fund the conversion of overhead utilities to underground
on said Islands.
During the past year, the HOA has been working with the Administration on its proposed
undergrounding district, and it expects that the initial resolution establishing its special assessment
district will likely be taken to the City Commission for approval sometime in late Summer or early Fall
2012.
On February 8, 2012, the Mayor and City Commission approved Resolution No. 2012-27842,
approving and allowing the HOA to proceed with the election requirement imposed by the City
Commission, which requires that, as a condition precedent to its final establishment of the proposed
special assessment district, at least sixty percent (60%) of the benefitted property owners within
such district vote in favor of its creation/establishment by the City, and of the levy of a special
assessment to fund the costs of the contemplated undergrounding project. The Resolution also
adopted guidelines and procedures for the election, which will be a mail ballot election.
316
City Commission Memorandum-Sunset Islands Ill & IV
March 21, 2012
Page 2 of 3
To re-affirm certain benchmarks and timelines pertaining to the election, and other terms agreed to
between the City and the HOA with respect to the creation and establishment of the proposed
Sunset Islands 3 & 4 Special Assessment District for Undergrounding Utilities, the City and the HOA
agreed to execute a Memorandum of Understanding (MOU) (Attachment A), containing the following
elements:
1. Election Timeframe
The City and HOA shall use their respective good faith, commercially reasonable efforts to
hold the election sometime in April 2012 (Election Date). For purposes of this MOU, the
term "hold the election" shall refer to the date that the Official Ballots (as that term is defined
in Attachment "A" of the Resolution) are mailed out by the City, through its City Clerk's
Office, to the benefitted property owners within the District. Notwithstanding the preceding,
the April 2012 Election Date is contingent upon and subject to the City's prior timely receipt
of the final binding estimates from the utilities (FPL, AT&T, and Atlantic Broadband) and,
based on such costs, the calculation, by the City's Finance Department, of the amounts of
the individual assessments for each property owner (both if paid up front, in full, or in
installments over the agreed upon period of ten (10) years, if the property owner elects to
finance).
2. Additional Condition
A. Costs.
In order to minimize costs to the HOA, the Election will be prepared and conducted
by the City, "in-house," through its City Attorney and City Clerk's Offices. The City
will be responsible for the costs associated with printing and copying the sufficient
number of Official Ballots (currently estimated at 118) and the three(3) envelopes
accompanying each Ballot The HOA will provide to the City, and be responsible for
any costs associated with: (i) the "Certified List" of benefitted property owners within
the District (containing the names and addresses of the property owners to whom
the City shall mail the Official Ballots to); (ii) the mailing labels for each address on
the Certified List; and (iii) the costs of all postage associated with mailing out the
Official Ballots to the benefitted property owners, via First Class U.S. Mail.
B. Funding.
1. The City agrees to fund the following District costs internal to the City; which costs
will not be included as part of the total Project cost for purposes of calculating the
special assessments: the FPL-CIP Liaison, the CIP Management Fee, annual
administration fees, and the internal costs of conducting the Election (except, as to
the latter, costs associated with preparing the Certified List, mailing labels, and
postage costs, all of which will be the responsibility of the HOA).
2. The HOA will be responsible for any and all District third party costs; which costs will
be included as part of the total Project costs for purposes of calculating the special
assessments. Financing costs (interest, issuance, tax collector, debt service
reserve, and other third 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.
317
City Commission Memorandum -Sunset Islands Ill & IV
March 21, 2012
Page 3 of 3
3. Traffic Circle and Sidewalk.
Following approval of this MOU and execution by the parties hereto, the City's Capital
Improvements Projects Office (CIP) will develop and provide the HOA with a preliminary cost
estimate for (i) a traffic circle, to be located as one comes over the Sunset Island IV bridge,
from the mainland side onto Sunset Island IV; and (ii) the extension of the sidewalk
connecting the Sunset Islands Ill & IV bridges along Sunset Drive.
4. Construction Timeframe
The City shall use good faith, reasonably commercial efforts to: (i) meet the CIP timeframe
for the Project, which is currently estimated for commencement of construction in late 2012
or early 2013; (ii) expedite the preparation of the necessary resolutions, notices, and other
work product that the City needs to prepare for the City Commission's consideration relative
to creating and establishing the District (and including, without limitation, presenting options
for financing the Project costs); (iii) expedite all City issued permits for the Project; and,
provided the District is created and established; (iv) diligently and continuously prosecute
construction of the Project. Upon completion of the Project, in the event that benefitted
properties within the district have not connected their individual residences to the Project
(the "resident hook-ups"), the City will reasonably assist the HOA with such lawful actions, as
the City Commission may deem necessary, to facilitate the completion of all resident hook-
ups with the District.
Notwithstanding the preceding, or any other term or condition of this MOU, the City and HOA
hereby agree and acknowledge that the City shall have no liability whatsoever to the HOA, or
to third parties, for any claims, causes of action, costs, expenses, liabilities, or damages,
whether direct or indirect, arising out of or in connection with any act or failure to act, or any
error or omission, of the City, including without limitation, those arising from its performance
or non-performance of any good faith, reasonably commercial effort contemplated by the
City under this Section 5.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the Resolution and
authorize the City Manager to execute the Memorandum of Understanding.
DRB/FHB//JRG
T:\AGENDA\2012\3-21-12\Sunset Islands Ill & IV
318
RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION APPROVING
AND AUTHORZING THE CITY MANAGER TO EXECUTE A MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY AND SUNSET ISLANDS Ill & IV
PROPERTY OWNERS, INC. MEMORIALIZING CERTAIN ADDITIONAL
TIMEFRAMES AND TERMS AND CONDITIONS, AS AGREED TO BETWEEN
THE PARTIES, AND PERTAINING TO THE CREATION AND
ESTABLISHMENT BY THE CITY OF THE PROPOSED SUNSET ISLANDS 3 &
4 SPECIAL ASSESSMENT DISTRICT FOR UNDERGROUNDING UTILITIES.
WHEREAS, in areas of the City, utility lines for services such as telephone, electricity,
and cable television exist overhead; and
WHEREAS, certain residential neighborhoods in the City have requested the relocation
of overhead utility lines underground; and
WHEREAS, the City recognizes its innate ability to assist with said initiatives and to
provide a collection mechanism, such as those used with special assessment districts created
pursuant to Chapter 170, Florida Statutes, at the request of individual neighborhoods; and
WHEREAS, pursuant to Resolution No. 2002-24761, adopted on February 20, 2002, the
City Administration has been working with the Sunset Islands 3 and 4 Property Owners
Association (HOA) toward the creation of a special assessment district to fund the conversion of
overhead utilities to underground on said Islands (the Project); and
WHEREAS, the HOA has been working with the Administration on its proposed
undergrounding district, and has reached the point where the initial Resolution establishing its
district will likely be presented to the City Commission sometime in late Summer or early Fall
2012;and
WHEREAS, at its regular meeting on February 8, 2012, the Mayor and City Commission
approved Resolution No. 2012-27842 (the Resolution), approving and allowing the HOA to
proceed with the "election" requirement imposed by the City Commission, which requires that,
as a condition precedent to its final establishment of the proposed special assessment district,
at least sixty percent (60%) of the benefitted property owners within such district vote in favor of
its creation/establishment by the City and of the levy of a special assessment to fund the costs
of the contemplated undergrounding project; and
WHEREAS, the Resolution also adopted guidelines and procedures for the aforestated
election, which will be a mail ballot election (the Election); and
WHEREAS, the HOA has been working with representatives of the City Attorney and
City Clerk's Offices, who are preparing the ballot question and instructions and, accordingly, has
approved the attached sample ballot question and instructions, both of which are attached, in
substantial form, as Exhibit "A" hereto; and
WHEREAS, in addition to re-affirming certain benchmarks and timelines pertaining to
the Election, the City and the HOA also wish to confirm, in this MOU, other terms agreed to
319
between the City and the HOA with respect to the creation and establishment of the proposed
Sunset Islands 3 & 4 Special Assessment District for Undergrounding Utilities (the District).
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 authorize the City Manager to execute a Memorandum of
Understanding between the City and Sunset Islands Ill & IV Property Owners, Inc.
memorializing certain additional timeframes and terms and conditions, as agreed to between the
parties, and pertaining to the creation and establishment by the City of the proposed Sunset
Islands 3 & 4 Special Assessment District for undergrounding utilities.
PASSED AND ADOPTED this ____ day of _____ _. 2012
ATTEST:
CITY CLERK
F:\ATIO\AGUR\RESOS-ORD\Sunset Islands 3 and 4 MOU Reso (3-13-12).doc
320
MAYOR
APPROVED AS TO
FORM & LANGUAGE
&F ECUTION
) ~111'1-
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
AND
SUNSET ISLANDS Ill & IV PROPERTY OWNERS, INC.
This Memorandum of Understanding (MOU) is entered into this day of ,
2012, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation located
at 1700 Convention Center Drive, Miami Beach, Florida 33139 (City), and the SUNSET
ISLANDS Ill & IV PROPERTY OWNERS, INC., a non-profit Florida corporation, whose principal
address is Guard House, 2003 Sunset Drive, Miami Beach, Florida 33140 (HOA).
RECITALS:
WHEREAS, in areas of the City, utility lines for services such as telephone, electricity,
and cable television exist overhead; and
WHEREAS, certain residential neighborhoods in the City have requested the relocation
of overhead utility lines underground; and
WHEREAS, the City recognizes its innate ability to assist with said initiatives and to
provide a collection mechanism, such as those used with special assessment districts created
pursuant to Chapter 170, Florida Statutes, at the request of individual neighborhoods; and
WHEREAS, pursuant to Resolution No. 2002-24761, adopted on February 20, 2002, the
City Administration has been working with the Sunset Islands 3 and 4 Property Owners
Association (HOA) toward the creation of a special assessment district to fund the conversion of
overhead utilities to underground on said Islands (the Project); and
WHEREAS, the HOA has been working with the Administration on its proposed
undergrounding district, and has reached the point where the initial Resolution establishing its
district will likely be presented to the City Commission sometime in late Summer or early Fall
2012; and
WHEREAS, at its regular meeting on February 8, 2012, the Mayor and City Commission
approved Resolution No. 2012-27842, attached and incorporated as Exhibit "A" hereto (the
Resolution), approving and allowing the HOA to proceed with the "election" requirement
imposed by the City Commission, which requires that, as a condition precedent to its final
establishment of the proposed special assessment district, at least sixty percent (60%) of the
benefitted property owners within such district vote in favor of its creation/establishment by the
City, and of the levy of a special assessment to fund the costs of the contemplated
undergrounding project; and
1
321
WHEREAS, the Resolution also adopted guidelines and procedures for the aforestated
election, which will be a mail ballot election (the Election); and
WHEREAS, the HOA has been working with representatives of the City Attorney and
City Clerk's Offices, who are preparing the ballot question and instructions and, accordingly, has
approved the attached sample ballot question and instructions, both of which are attached, in
substantial form, as Exhibit "B" hereto; and
WHEREAS, in addition to re-affirming certain benchmarks and timelines pertaining to
the Election, the City and the HOA also wish to confirm, in this MOU, other terms agreed to
between the City and the HOA with respect to the creation and establishment of the proposed
Sunset Islands 3 & 4 Special Assessment District for Undergrounding Utilities (the District).
NOW THEREFORE, in consideration of the mutual promises contained herein, and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the City and HOA hereby agree as follows:
1. The above Recitals are hereby made a part of this MOU and expressly incorporated by
reference herein.
2. Election Timeframe and Additional Conditions.
a. As also set forth in the Resolution attached as Exhibit "A" hereto, the City and
HOA shall use their respective good faith, commercially reasonable efforts to
hold the election sometime in April 2012 (Election Date). For purposes of this
MOU, the term "hold the election" shall refer to the date that the Official Ballots
(as that term is defined in Attachment "A" of the Resolution) are mailed out by the
City, through its City Clerk's Office, to the benefitted property owners within the
District. Notwithstanding the preceding, the April 2012 Election Date is
contingent upon and subject to the City's prior timely receipt of the final binding
estimates from the utilities (FPL, AT&T, and Atlantic Broadband) and, based on
such costs, the calculation, by the City's Finance Department, of the amounts of
the individual assessments for each property owner (both if paid up front, in full,
or in installments over the agreed upon period of ten (10) years, if the property
owner elects to finance).
b. Costs. In order to minimize costs to the HOA, the Election will be prepared and
conducted by the City, "in-house," through its City Attorney and City Clerk's
Offices. The City will be responsible for the costs associated with printing and
copying the sufficient number of Official Ballots (currently estimated at 118) and
the three(3) envelopes accompanying each Ballot (as set forth in Section 4 of
Attachment "A" of the Resolution). The HOA will provide to the City, and be
responsible for any costs associated with: (i) the "Certified List" of benefitted
property owners within the District (containing the names and addresses of the
property owners to whom the City shall mail the Official Ballots to); (ii) the mailing
labels for each address on the Certified List; and (iii) the costs of all postage
associated with mailing out the Official Ballots to the benefitted property owners,
via First Class U.S. Mail.
2
322
3. Funding.
a. The City agrees to fund the following District costs internal to the City; which
costs will not be included as part of the total Project cost for purposes of
calculating the special assessments: the FPL-CIP Liaison, the CIP Management
Fee, annual administration fees, and the internal costs of conducting the Election
(except, as to the latter, costs associated with preparing the Certified List, mailing
labels, and postage costs, all of which will be the responsibility of the HOA).
b. The HOA will be responsible for any and all District third party costs; which costs
will be included as part of the total Project costs for purposes of calculating the
special assessments. Financing costs (interest, issuance, tax collector, debt
service reserve, and other third 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.
4. Traffic Circle and Sidewalk. Following approval of this MOU and execution by the
parties hereto, the City's Capital Improvements Projects Office (CIP) will develop and
provide the HOA with a preliminary cost estimate for (i) a traffic circle, to be located as
one comes over the Sunset Island 4 bridge, from the mainland side onto Sunset Island
4; and (ii) the extension of the sidewalk connecting the Sunset Island 3 & 4 bridges
along Sunset Drive.
5. The City shall use good faith, reasonably commercial efforts to: (i) meet the CIP
timeframe for the Project, which is currently estimated for commencement of
construction in late 2012 or early 2013; (ii) expedite the preparation of the necessary
resolutions, notices, and other work product that the City needs to prepare for the City
Commission's consideration relative to creating and establishing the District (and
including, without limitation, presenting options for financing the Project costs); (iii)
expedite all City issued permits for the Project; and, provided the District is created and
established; (iv) diligently and continuously prosecute construction of the Project. Upon
completion of the Project, in the event that benefitted properties within the District have
not connected their individual residences to the Project (the "resident hook-ups"), the
City will reasonably assist the HOA with such lawful actions, as the City Commission
may deem necessary, to facilitate the completion of all resident hook-ups within the
District.
Notwithstanding the preceding, or any other term or condition of this MOU, the City and
HOA hereby agree and acknowledge that the City shall have no liability whatsoever to
the HOA, or to third parties (including, without limitation, any benefitted property owners
in the District}, for any claims, causes of action, costs, expenses, liabilities, or damages,
whether direct or indirect, arising out of or in connection with any act or failure to act, or
any error or omission, of the City, including without limitation, those arising from its
performance or non-performance of any good faith, reasonably commercial efforts
contemplated by the City under this Section 5, or elsewhere in this MOU; provided,
however, that the City shall be obligated for those costs that the City has agreed to fund
pursuant to Section 2(b) and Section 3 of this MOU.
3
323
6. Notices.
All notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the HOA and the City listed below or may
be mailed by registered mail, postage prepaid (or airmailed if addressed to an address
outside of the city of dispatch).
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO HOA:
TO CITY:
Sunset Islands Ill & IV Property Owners, Inc.
Attn: Terry Bienstock, President of HOA
Guard House, 2003 Sunset Drive
Miami Beach, Florida 33140
(_) _____ _
City of Miami Beach
Attn: Fred Beckmann
Public Works Director
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7000
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the
day following the date mailed; and if mailed to an address outside the city of dispatch on
the seventh day following the date mailed.
7. This MOU shall be governed by, and construed in accordance with, the laws of the State
of Florida, both substantive and remedial, without regard to principles of conflict of laws.
The exclusive venue for any litigation arising out of this letter of understanding shall be
Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southern
District of Florida, if in Federal court. BY ENTERING INTO THIS MOU, THE CITY AND
THE HOA EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A
TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,
THIS MEMORANDUM OF UNDERSTANDING.
8. Neither party may assign this MOU. Neither this MOU, nor any of its terms, may be
changed, modified or otherwise amended except by an instrument in writing, signed by
an authorized representative, which shall be the City Manager (on behalf of the City),
and the HOA President (on behalf of the HOA).
9. The City and HOA acknowledge and agree that they are not joint venturers, partners, or
joint owners with respect to this MOU, the District, or the Project. Nothing contained
herein shall be construed as creating a partnership, joint venture or similar relationship
between the City and the HOA.
4
324
10. This MOU shall be effective following approval by the Mayor and City Commission and,
thereafter, upon the last date signed by the parties hereto (the Effective Date). Except
with respect to the parties' obligations as to their respective costs under Section 2(b)
hereof (i) in the event that, following the Election, the District is not approved by the
required sixty percent (60%) of the benefitted property owners within such District ; or (ii)
in the event that the District is not otherwise created, established, or approved by the
Mayor and City Commission, then this MOU shall automatically terminate, without further
action required by the parties, and its terms shall have no further legal force or effect.
Upon such termination, the City and the HOA shall have no further obligations and/or
liability to each other with respect to this MOU.
[SIGNATURES ON FOLLOWING PAGE]
5
325
I HAVE READ THIS MOU AND, FULLY UNDERSTANIDNG SAME AND, FURTHER, BEING
THE LAWFULLY AUTHORIZED REPRESENTATIVE OF THE PARTY BELOW, DO HEREBY
EXECUTE SAME AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
CONTAINED HEREIN.
CITY OF MIAMI BEACH, FLORIDA (CITY)
By: _________ _
Name: ________ _
Title: ________ _
Date: ________ _
SUNSET ISLANDS Ill & IV PROPERTY OWNERS, INC. (HOA)
By: _________ _
Name: ---------Title: ________ _
Date: ________ _
6
326
APPROVED AS TO
FORM & LANGUAGE
----·FOR EXECUTION
Exhibit "A"
Resolution
7
327
RESOLUTION NO. 2012-27842
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, TAKING THE FOLLOWING ACTIONS WITH
RESPECT TO THE ONGOING PROCESS FOR THE PROPOSED CREATION
OF THE SUNSET ISLAND NOS. 3 AND 4 SPECIAL ASSESSMENT DISTRICT
FOR UNDERGROUNDING UTILITIES: 1) APPROVING AND ALLOWING THE
SUNSET ISLANDS 3 AND 4 HOA TO CONDUCT THE ELECTION REQUIRED
BY THE CITY, PRIOR TO THE CITY COMMISSION'S APPROVAL OF THE
FIRST RESOLUTION ESTABLISHING THE PROPOSED SPECIAL
ASSESSMENT DISTRICT, WHICH ELECTION WILL BE A MAIL BALLOT
ELECTION, CONDUCTED BY THE CITY CLERK AND CITY ATTORNEY'S
OFFICE, AND WHICH IS ESTIMATED TO BE HELD SOMETIME IN APRIL
2012; AND 2) FURTHER APPROVING THE ATTACHED "SUNSET ISLANDS 3
AND 4 SPECIAL ASSESSMENT DISTRICT FOR UNDERGROUNDING
UTILITIES MAIL BALLOT ELECTION PROCEDURES", WHICH NOT ONLY
SETS FORTH THE PROCESS AND PROCEDURES FOR THE
AFORESTATED MAIL BALLOT ELECTION, BUT WHICH WILL ALSO SERVE
AS THE TEMPLATE FOR FUTURE MAIL BALLOT ELECTIONS IN THE
EVENT OF SUBSEQUENT REQUESTS BY OTHER HOA'S AND/OR CITY
NEIGHBORHOODS TO PROCEED WITH THE CREATION OF SPECIAL
ASSESSMENT DISTRICTS FOR UNDERGROUND UTILITES IN THEIR
AREAS.
WHEREAS, in areas of the City, utility lines for services such as telephone, electricity,
and cable television exist overhead; and
WHEREAS, certain residential neighborhoods in the City have requested the relocation
of overhead utility lines underground; and
WHEREAS, the City recognizes its innate ability to assist with said initiatives and to
provide a collection mechanism, such as those used with special assessment districts created
pursuant to Chapter 170, Florida Statutes, at the request of individual neighborhoods; and
WHEREAS, pursuant to Resolution No. 2002-24761, adopted on February 20, 2002, the
City Administration has been working with the Sunset Islands 3 and 4 Homeowners' Association
(HOA) toward the creation of a special assessment district to fund the conversion of overhead
utilities to underground on said Islands; and
WHEREAS, although not required pursuant to Chapter 170, Florida statutes, on or
about 2002, and in light of increased requests by various HOA's throughout the City for the
creation of special assessment districts to fund underground utilities conversions, and in order
to gauge whether there was support for same among the majority of property owners in those
neighborhoods/areas, the City Commission self-imposed certain additional requirements, as a
matter of policy, prior to finalizing the creation of and establishing any such special assessment
district; and
328
WHEREAS, one of these requirements requires that an election be held within the
proposed district, with at least sixty percent (60%) of the benefited property owners (within the
proposed district) voting in favor of its creation; and
WHEREAS, the City's policies require such election to be held between the City's
approval and adoption of the first Resolution, which establishes the City's intent to create the
proposed special assessment district, and the second and final Resolution, which creates the
district and approves the final assessment roll; and
WHEREAS, the Sunset Islands 3 and 4 HOA has been working with the Administration
on its proposed undergrounding district, and has reached the point where the initial Resolution
establishing its district will likely be presented to the City Commission sometime in late Summer
or early Fal12012; and
WHEREAS, notwithstanding the above, the HOA has expressed a concern that, as
many of its residents are seasonal residents, and in order to have optimum voter turnout for the
required election to approve the district, it would be in the best interest of the HOA to be able to
hold that election sometime in April 2012 (i.e. before the City's consideration of the first
Resolution initially establishing the proposed district); and
WHEREAS, the proposed election would be a mail ballot election, conducted and
overseen by the City Clerk and City Attorney's Office; and
WHEREAS, as Chapter 170 does not legally require an election, and as the election
requirement was established pursuant to City Commission policy, the City Administration and
City Attorney's Office have no objection to the HOA's request; and
WHEREAS, additionally, the City Clerk and City Attorney's Office have prepared mail
ballot election procedures for the proposed Sunset Islands 3 and 4 Special Assessment District
whidl procedures are attached and incorporated as Attachment "A" hereto; and
WHEREAS, the Administration and City Attorney's Office recommend approval of the
attached procedures and, if approved, would recommend that such procedures also be herein
adopted and approved as the uniform procedures to satisfy the City's election requirement, in
conjunction with future requests by other HOA's and/or City neighborhoods for the creation of
special assessments districts for undergrounding utilities in their areas.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISStON OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby take the following actions with respect to the ongoing process for the
proposed creation of the Sunset Island Nos. 3 and 4 Special Assessment District for
Undergrounding Utilities: 1) approving and allowing the Sunset Islands 3 and 4 HOA to conduct
the election required by the City prior to the City Commission's approval and establishment of
the first Resolution establishing the proposed special assessment district; which election will be
a mail ballot election, conducted by the City Clerk and City Attorney's Office, and which is
estimated to be held sometime in April 2012; and 2) further approving the attached the "SUnset
Islands 3 and 4 Special Assessment District for Undergrounding Utilities Mail Ballot Election
Procedures," which not only sets forth the process and procedures for the aforestated mail
ballot election, but which will also serve as the template for future mail ballot elections in the
329
event of subsequent requests by other HOA's and/or City neighborhoods to proceed with the
creation of special assessment districts for underground utilities in their areas.
PASSED AND ADOPTED this t-flt day of "@6 rlt~., Y , 2012
I
ATTEST:
F:\ATT~R\RESOS..ORD\Sunset Islands 3 and 4 SpecialAsaesament Dlstrk:t Reao ( 2·1-12).doc
330
Exhibit "8"
Sample Ballot Question and Instructions
8
331
& MIAMI BEACH
CITY OF MIAMI BEACH
OFFICIAL BALLOT
VOTE TO ESTABLISH SUNSET ISLANDS 3 & 4 SPECIAL ASSESS-
MENT DISTRICT TO PAY FOR UNDERGROUNDING OF UTILITIES
QUESTION
SHOULD THE CITY OF MIAMI BEACH ESTABLISH A
SPECIAL ASSESSMENT DISTRICT ON SUNSET IS-
LANDS 3 AND 4 (THE "DISTRICT"} FOR THE PUR-
POSE OF PAYING FOR THE UNDERGROUNDING OF
ELECTRICAL, TELEPHONE, AND CABLE TELEVI-
SION SERVICE UTILITIES (THE "PROJECT"}, WHICH
WOULD RESULT IN AN INDIVIDUAL NOT TO EX-
CEED ASSESSMENT TO EACH BENEFITTED PROP-
ERTY WITHIN THE PROPOSED DISTRICT OF: 1}
$ , PER PROPERTY, PER YEAR,
FOR TEN (10} YEARS, FOR A TOTAL OF
$ ; OR, AT THE OPTION OF
THE PROPERTY OWNER (TO BE MADE AT A LATER
DATE}, 2} A ONE-TIME NOT TO EXCEED PAYMENT
OF $ , WHICH WOULD BE DUE
PRIOR TO COMMENCEMENT OF CONSTRUCTION
OF THE PROJECT ?
CIRCLE ONE
YES [ESTABLISH THE DISTRICT]
NO [DO NOT ESTABLISH THE DISTRICT]
IETiiRNSEALEDBAi:LOTS"BY-iiAil"NO"LATER~---l
! The Official Ballots will be opened on at !
! In the City Clerk's Office, 1700 Convention Center Dr, Miami!
! Beach, Florida 33139 !
l ...................................................... .__,,,,, ... ,_ ........................................................................................................................................... J
332
~ MIAMIBE CH
1) CONTENTS:
CITY OF MIAMI BEACH
OFFICIAL BALLOT QUESTION
INSTRUCTIONS
• One "White Envelope" addressed to the City of Miami Beach
• One ballot: "City of Miami Beach Official Ballot"
(Sunset Islands 3 "blue ballot" and 4 "yellow ballot"); AND
• One envelope labeled "BALLOT ENVELOPE."
2) After reading the "Official Ballot" question, on the ballot, circle one of the
appropriate answer: "Yes" or "No."
3) Place voted "Official Ballot" inside the enclosed "Ballot Envelope" and
seal.
4) Insert "Ballot Envelope" into the pre-stamped "White Envelope"
addressed to the City of Miami Beach and seal.
IMPORTANT
Your Ballot Wm Not Be Counted If The As:tYal SUnset Island
prgpertv A;ddress Is Not Listed On The Top Left Corner Of The
"White Envelope" Addressed To The City Of Miami Beach.
5) Write the actual Sunset Island property address in the top left corner of
the "White Envelope."
6) Mail the "White Envelope," or bring it directly to the City Clerk's Office,
located at City Hall, 1700 Convention Center Drive, First Floor, Miami
Beach, no later than---------
7) For questions or replacement ballots contact the City Clerk's Office at
305-673-7411.
Ballot opening will be done on:
Date: Time:---------
Location:-------------------
333
THIS PAGE INTENTIONALLY LEFT BLANK
334
R5
ORDINANCES
335
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending Chapter 110 Of The City Code, Entitled "Utilities," By Amending Article
IV, Entitled "Fees, Charges, Rates And Billing Procedure," By Amending Division 3, Entitled
"Billing Procedure," By Amending Section 110-191, Entitled "Payment Of Bills," By Amending
110-191 (B) By Changing The Penalty For Late Utility Bills From Ten Percent Of The Current Bill
To 1.5% Per Month Of The Late Outstanding Balance ...
Key Intended Outcome Supported:
Increase community satisfaction with City Government.
Supporting Data (Surveys, Environmental Scan, etc.): 87% of residents rated Miami Beach as
an excellent or good place to live.
Issue:
Shall the Mayor and City Commission open and continue this item and refer it to the Finance and
Cit ide Pro·ects Committee?
Item Summary/Recommendation:
The Administration recommends that the City Commission open and continue this tern and refer it to
the Finance and Citywide Projects Committee (F&CWP) for Discussion.
At the July 13, 2011, City of Miami Beach Commission meeting, a discussion item regarding the
reduction of a utility bill's penalty percentage was referred by Commissioner Jonah Wolfson to the
F&CWPC. Presently, a one-time ten percent penalty is added to the current portion of all past due
water, sewer and stormwater utility bills (utility bills). No additional interest or penalties are charged.
On October 19, 2011, at a meeting of the F&CWPC, the Committee unanimously recommended
removing the one-time 1 0% penalty on the current portion and instead adopted a recurring monthly
charge of 1.5% on any portion of the account balance that is past due.
This recommendation came after penalties and interest from other utility companies were presented.
The Committee recommended charging 1.5% to be consistent with other utility companies, such as
Florida Power and Light and TECO -Peoples Gas.
At the December 14, 2011 City of Miami Beach Commission meeting, upon first reading, the
Commission unanimously voted to remove the one-time 1 0% penalty on the current portion and
instead adopt a recurring monthly charge of 1.5% on any invoice that is past due, up to a cap of 1 0%
per invoice.
After consultation with our EDEN Utility Billing System software provider, Tyler Technologies, the City
has been informed that the proposed methodology is not available; however, other methods are
available.
This item was prepared and placed on the March 1, 2012 F&CWPC meeting agenda, but not reached
for discussion. The next scheduled F&CWPC meeting is scheduled for April 19, 2012.
Adviso Board Recommendation:
The Finance and Citywide Projects Committee, at their October 19, 2011 meeting, originally
recommended the ro osed Ordinance be a roved b the Commission.
Financial Information:
Source of Amount
Funds: 1
I I
2
3
OBPI Total
Financial Impact Summary:
islative Trackin
Department Director
MIAMI BEACH 337
Account
AGENDA ITEM _B~5:-i-A_,___
DATE 3~ 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 ManagLY)r ·
~ SECOND READING (Open & Continue)
March 21, 2012 PUBLIC HEARING
AN ORDINANCE AMENDING CHAPTER 110 OF THE CITY CODE,
ENTITLED "UTILITIES," BY AMENDING ARTICLE IV, ENTITLED "FEES,
CHARGES, RATES AND BILLING PROCEDURE," BY AMENDING DIVISION
3, ENTITLED "BILLING PROCEDURE," BY AMENDING SECTION 110-191,
ENTITLED "PAYMENT OF BILLS," BY AMENDING 110-191(B) BY
CHANGING THE PENALTY FOR LATE UTILITY BILLS FROM TEN
PERCENT OF THE CURRENT BILL TO 1.5% PER MONTH OF THE LATE
OUTSTANDING BALANCE; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission open and continue this item and refer it to
the Finance and Citywide Projects Committee (F&CWP) for discussion.
BACKGROUND
At the July 13, 2011, City of Miami Beach Commission meeting, a discussion item regarding the
reduction of a utility bill's penalty percentage was referred by Commissioner Jonah Wolfson to the
Finance and Citywide Projects Committee (F&CWPC).
Presently, a one-time ten percent penalty is added to the current portion of all past due water, sewer
and stormwater utility bills (utility bills). No additional interest or penalties are charged.
ANALYSIS
On October 19, 2011, at a meeting of the F&CWPC, the Committee unanimously recommended
removing the one-time 1 0% penalty on the current portion and instead adopted a recurring monthly
charge of 1.5% on any portion of the account balance that is past due.
This recommendation came after penalties and interest from other utility companies were presented.
The Committee recommended charging 1.5% to be consistent with other utility companies, such as
Florida Power and Light and TECO -Peoples Gas.
Previously, the Committee increased the days allowed for payment from 15 to 21 to be consistent
with other utility companies.
338
UTB CH 100 Ordinance Revision
Page 2 of2
At the December 14, 2011 City of Miami Beach Commission meeting, upon first reading, the
Commission unanimously voted to remove the one-time 1 0% penalty on the current portion and
instead adopt a recurring monthly charge of 1.5% on any invoice that is past due, up to a cap of 10%
per invoice.
After consultation with our EDEN Utility Billing System software provider, Tyler Technologies, the
City has been informed that the proposed methodology is not available; however, other methods are
available.
At the January 11, 2012 City of Miami Beach Commission meeting, upon second reading of the
Ordinance, the Commission unanimously voted to open and continue, and refer back the item to the
F&CWPC. The Commission was concerned that this item may be inadvertently incentivizing
customers not to pay their utility bill, by getting an inexpensive loan. The Commission further asked
for a summary of customers that were late three or more times during the past year, included below
for your review.
City of Miami Beach
Utility Billing Customers
Calendar Year 2011
(? at}d~J.lJ.;:;:~· ~h~J.ht~ . . . . ~
No. of Occurances No. Penalties
3
4
5
6
7
8
9
10
11
12
570
383
344
271
244
208
197
157
112
337
2,823
This item was prepared and placed on the March 1, 2012 F&CWPC meeting agenda, but not
reached for discussion. The next scheduled F&CWPC meeting is scheduled for April 19, 2012.
CONCLUSION AND RECOMMENDATION
The Administration recommends that the City Commission open and continue this item and refer
back to the F&CWP for discussion.
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340
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 newspa_Q_er after the first continuance granted bya Land Use Board.
Key Intended Outcome Supported:
Maintain Strong Development Management Policies
Supporting Data (Surveys, Environmental Scan, etc.):
48% residents rate the effort to regulate development in the City as about the right amount
Issue:
Should the City Commission amend the Land Development Regulations of the 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_y_ear.
City Clerk's Office Legislative Tracking:
Richard Lorber I Mercy Lamazares
MIAMI BEACH 341
AGENDA JTEM R 513
DATE J~/-[L
(9 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 th City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: March 21, 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 not re-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
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March 21, 2012
Commission Memorandum
Ordinance -Noticing Requirements for Continuances Page 2 of4
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.
343
March 21, 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
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.
344
March 21, 2012
Commission Memorandum
Ordinance -Noticing Requirements for Continuances Page 4 of4
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, 2012 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.
At the February 8, 2012, the City Commission continued this item to the March 21, 2012
meeting.
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.
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T:\AGENDA\2012\3-21-12\Noticing Requirements for Continuances 3-21-2012 memo.docx
345
"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 TRAC 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,
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346
(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 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 newspaoer 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
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347
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 118-254(b)(iiil. 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
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"
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348
* * *
(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 +tHs 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
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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 aeneral 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 davs prior to the public hearing date. in accordance 'Nith
the provisions of (i) through (iii) above. and neticed in a newspaper of general
paid circulation at least 15 days prior to the public hearing date. The mail
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.
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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 2.1 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 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
* * *
(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 onlv one time. All further continuances of the same application shall
be noticed at least 30 £1 davs prior to the public hearing date. in accordance with
the provisions of (i) through (iii) above. and netiGed in a newspaper of general
paid circulation at least 15 days prior to the public hearing date. The cost
gf 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
(e) Final adoption of NCO overlav 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 onlv 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 (i) throb!gh and (iij) above. except that they shall be noticed jn a
newspaper of general paid circulation at least 15 davs prior to the public bearing
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
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351
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
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352
MAYOR
APPROVED AS TO
RM AND LANGUAGE
& FOR EXECUTION
1 b 1 1~ 2
11 11 Date
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending
Chapter 90 OfThe Miami Beach City Code, Entitled "Solid Waste," By Amending The Definitions In Article
I, Entitled "In General," By Amending Section 90-2, Entitled "Definitions"; By Amending Article II, Entitled
"Administration" By Amending The Penalties For Solid Waste Violations And To Provide Provisions And
Penalties Relative To Recycling For Multi-family Residences And Commercial Establishments; By Creating
Article V, To Be Entitled "Citywide Recycling Program For Multi-family Residences And Commercial
Establishments," To Provide Provisions For Recycling Requirements And Enforcement, A Public Education
Program, A Warning Period, An Enforcement Date, Collector Liability, A "Red Tag" Noticing System,
Penalties, And Special Master Appeal Procedures; Providing For Repealer, Severability, Codification, And
An Effective Date.
Ke Intended Outcome Su orted:
Enhance the Environmental Sustainability of the Community.
Supporting Data (Surveys, Environmental Scan, etc.): The waste haulers operating in the City have
reported that approximately 1 ,558 multi-family and commercial establishments within the City of Miami
Beach are current! not artici atin in the Coun -re uired Rec clin Pro ram.
Issue:
I Shall the Mayor and City Commission defer the Ordinance?
Item Summary/Recommendation:
At the July 13, 2011 Commission Meeting, the ordinance was approved on first reading and was referred
to the September 26, 2011 Finance and Citywide Projects Committee (FCWPC) meeting. The FCWPC
directed the Administration to conduct a Recycling Workshop, held on October 24, 2011. At the
Workshop, Commissioner Gongora indicated that the item would be further discussed at the Sustainability
Committee prior to referral to the FCWPC to discuss funding. At the November 15, 2011 Sustainability
Committee meeting, a vote to revise the ordinance to more closely reflect the Miami-Dade County's
ordinance passed with the following recommendations:
• Include a robust educational program
• Reduce the fine amounts
• Introduce an enforcement component; although the County ordinance provides for enforcement,
no enforcement is provided by the County.
Based on the above recommendations, the first reading ordinance significantly modified and returned to
the Sustainability Committee on January 17, 2012 and February 28, 2012 for further discussion. On
February 28, 2012, the Sustainability Committee recommended that the proposed ordinance be referred to
the March 29, 2012 FCWPC.
The Administration recommends that this item be opened and continued.
Advisory Board Recommendation:
The Land Use and Development Committee at its December 13, 2010 meeting recommended
approval of this Ordinance. The Finance and Citywide Projects Committee (FCWPC) at its June 23,
2011 meeting, recommended approval of this Ordinance. FCWPC at its September 2011 meeting
directed Administration to conduct a recycling workshop and revise the proposed ordinance as
necessary prior to returning to FCWPC.
Financial Information:
Source of Amount
Funds: 1
OBPI Total
Assistant Ci
ORB
MIAMI BEACH 353
Account
AGENDA ITEM__:,.:..=.~-
DATE --=~L.-U..::-
(9 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 Managew SECOND READING
DATE:
SUBJECT:
PUBLIC HEARING
March 21, 2012
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE
MIAMI BEACH CITY CODE, ENTITLED "SOLID WASTE," BY AMENDING
THE DEFINITIONS IN ARTICLE I, ENTITLED "IN GENERAL," BY
AMENDING SECTION 90-2, ENTITLED "DEFINITIONS"; BY AMENDING
ARTICLE II, ENTITLED "ADMINISTRATION" BY AMENDING THE
PENALTIES FOR SOLID WASTE VIOLATIONS AND TO PROVIDE
PROVISIONS AND PENALTIES RELATIVE TO RECYCLING FOR MULTI-
FAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS; BY
CREATING ARTICLE V, TO BE ENTITLED "CITYWIDE RECYCLING
PROGRAM FOR MULTI-FAMILY RESIDENCES AND COMMERCIAL
ESTABLISHMENTS," TO PROVIDE PROVISIONS FOR RECYCLING
REQUIREMENTS AND ENFORCEMENT, A PUBLIC EDUCATION
PROGRAM, A WARNING PERIOD, AN ENFORCEMENT DATE,
COLLECTOR LIABILITY, A "RED TAG" NOTICING SYSTEM,
PENAL TIES, AND SPECIAL MASTER APPEAL PROCEDURES;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
At the July 13, 2011 Commission Meeting the Ordinance was approved on first reading and was
referred to the September 26, 2011 Finance and Citywide Projects Committee (FCWPC) meeting.
The FCWPC directed the Administration to conduct a Recycling Workshop, held on October 24,
2011. At the Workshop, Commissioner Gongora indicated that the item would be further discussed
at the Sustainability Committee prior to referral to the FCWPC to discuss funding. At the November
15, 2011 Sustainability Committee meeting, a vote to revise the Ordinance to more closely reflect
the Miami-Dade County's ordinance passed with the following recommendations:
• Include a robust educational program
• Reduce the fine amounts
• Introduce an enforcement component; although the County ordinance provides for
enforcement, no enforcement is provided by the County.
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City Commission Memo -Recycling Ordinance, Second Reading
March 21, 2012
Page 2 ofB
Based on the above recommendations, the first reading Ordinance was revised and modified
significantly, and returned to the Sustainability Committee on January 17, 2012 and February 28,
2012 for further discussion. On February 28, 2012, the Sustainability Committee recommended that
the proposed revised Ordinance be referred to the FCWPC on March 29, 2012 for consideration.
Therefore, the Administration recommends that this item be opened and continued.
BACKGROUND
Commissioner Jonah Wolfson worked with the City Attorney's Office and City Administration, as well
as members of the City's Sustainability Committee, on an Ordinance that would require mandatory
recycling for multi-family residences and commercial establishments in the City, via the
establishment of a City of Miami Beach Mandatory Recycling Enforcement Program.
Currently, Miami-Dade County Code (Sections 15-2.2 to 15-2.4) requires multi-family and
commercial establishments to have a recycling program. However, as a result of multiple issues,
including fiscal constraints at the County level, the County Code requirement to demonstrate a
recycling program is not adequately or comprehensively enforced. It is believed that approximately
1 ,558 multi-family residential buildings and commercial establishments within the City of Miami
Beach are not currently participating in the County-required recycling program. This is approximately
30% of all known commercial and multi-family accounts.
The first reading Ordinance (Attachment A), which is an amendment to Chapter 90 of the City Code,
would establish more stringent requirements than the County and require multi-family residences
and commercial establishments in the City to recycle pursuant to the requirements of a City of Miami
Beach Recycling Program. This proposed program would require that multi-family and commercial
establishments, not only have a recyling program in place, but it would also mandate that
recyclables be recycled. Multi-family and commercial establishments would receive fines if
recyclables were found coming led with their solid waste or vice-versa. The County Code (Section
15-2.5) gives the City the authority to establish and enforce its own Ordinance, provided such
Ordinance is equivalent to or more stringent that the County's provisions.
Single-family homes and multi-family buildings with eight (8) units or less are already providing
weekly recycling services via the Miami-Dade County Curbside Recycling Program, which was done
through an Inter-Local Agreement (Agreement) entered into effect on June 14, 1990. The
Agreement authorizes the County to act on the City's behalf in the Administration of the contract for
this recycling service in the areas of municipal jurisdiction. The current number of households
served by Miami-Dade County within the City of Miami Beach is 6,498 units. The contractor that
currently provides the service to Miami Beach through the Agreement is World Waste Services.
Commercial facilities and multi-family residences with nine (9) or more units are required by Miami-
Dade County to hire, by means of a contract, a private hauler for their regular trash pick-up,
recycling and bulk pick-up. Miami-Dade County Code Chapter 15 entitled "Solid Waste
Management", Sections 15-2.2 through Sections 15-2.5 requires the following:
• Owners/Property owners of commercial establishments in Miami-Dade County must provide
a recycling program for their employees and tenants, using the services of an authorized
waste hauler or private recycling hauler.
• The program must recycle three (3) items from the following list of ten (1 0): high-grade
office paper, mixed paper, corrugated cardboard, glass, aluminum, steel, other scrap
production metals, plastics, textiles, and wood.
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City Commission Memo -Recycling Ordinance, Second Reading
March 21, 2012
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• Modified Recycling Programs -those that incorporate modifications, substitutions or
reductions to the requirements stated above-may be submitted to the Department of Solid
Waste Management for review and approval.
DEMOGRAPHICS
The City has approximately a5,536 residents, and 66,327 total households; of which approximately
6,49a households are on City solid waste and recycling service, which would be excluded from the
requirements of this Ordinance. The remaining 60,000 units are contained in approximately 1 ,500
multi-family residential buildings with eight (a) units or more, which would be subject to the
parameters of the multi-family residential component of the 0
rdinance. The City has approximately 3,624 commercial units.
CURRENT ENFORCEMENT
On September 1, 2009, the Miami-Dade County Multi-family and Commercial Recycling
Memorandum of Understanding (MOU) between the City of Miami Beach and Miami-Dade County-
Department of Solid Waste Management (SWM) was approved. Under the MOU, the County
agrees to enforce recycling under County Code Chapter 15, Sections 15-2.2 through 15-2.5 within
the City of Miami Beach. When facilities are found to not have a recycling program, the County
issues the offending party a warning notice followed by a notice of violation that may include fines
as delineated in Miami-Dade Code Chapter ace-entitled "Code Enforcement". In 2007-0a, the
County collected a total of $11,550 in fines Countywide for non-compliance with their recycling
ordinance.
On March 29, 2010, the City provided Miami-Dade County Solid Waste Management (SWM) with a
list of 434 addresses from the waste haulers' multi-family and commercial accounts that were not
recycling. In August 2010, the County initiated a proactive inspection approach to enforcement.
Since August 2010, the County has inspected a total of 203 multi-family residences and 27
commercial establishments. If facilities were found to not have a recycling program, the facilities
were issued a warning notice followed by a notice of violation that may include fines delineated in
Miami-Dade Code Chapter ace entitled "Code Enforcement". However, in October 2010, the
County returned to a compliant-driven approach with an emphasis on education. In January 2011,
the City franchise waste haulers provided Public Works and Sanitation Divisions with an updated list
of Miami Beach commercial facilities and multi-family residences that do not have a recycling
program in place. The list included 1 ,55a establishments previously noted, which represents 30%
known commercial and multi-family accounts that are estimated not to have a recycling program.
The percentage of non-compliant facilities that have received fines since January 2011 is unknown.
Based on SWM complaint-driven approach that focuses more on education than issuance offines,
this number is anticipated to be low.
PROGRAM ANALYSIS
The first reading Ordinance seeks to establish a comprehensive and aggressive Citywide Recyling
Program for multi-family residences and commercial establishments. The first reading Ordinance is
more stringent than the County's requirement because it expands the scope of required recyclables.
The City would develop a process by which all multi-family residences with nine (9) units or more
would be required to use a single-stream recycling process that includes all five (5) of the following
recyclable materials: newspaper, glass, metal food and beverage containers, other metal containers,
and plastics. In addition, at least three (3) of the following recyclable materials must also be
recycled: corrugated cardboard, magazines and catalogs, telephone books, office paper or organic
material. Commercial establishments would be required to recycle at least three (3) materials from
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City Commission Memo -Recycling Ordinance, Second Reading
March 21, 2012
Page 4 ofB
the following: mixed paper, glass, metal food and beverage containers, other metal containers,
plastics, textiles, wood or organic materials.
The first reading Ordinance stipulates that it is a violation for multi-family residences or commercial
establishments to have recyclable materials in any place other than in a recycling container. In
addition, the existence of recyclable materials inside a recycling container for seven (7) consecutive
days constitutes evidence that a multi-family residence or commercial establishment is not providing
regular recycling service that would be required by the provisions of this Ordinance. In addition, the
absence of recyclable materials in a recycling container for seven (7) consecutive days constitutes
evidence that a multi-family residence or commercial establishment is not separating recyclables
from their solid waste stream and is thus in violation of the provisions of the Ordinance.
Enforcement of the first reading Ordinance would require recycling inspectors to inspect the
contents of both the solid waste and recycling containers in order to ascertain compliance. These
enforcement efforts can be driven on a complaint basis, through a proactive inspection schedule, or
through a combination approach. The Sustainability Committee recommended that a hybrid
approach be utilized to achieve a greatest level of compliance.
The first reading Ordinance also includes a "red tag" noticing system. Waste contractors and
recycling contractors are required to notify their customers with a "red tag" identifying incorrect
materials found in either the solid waste or recycling container. After issuing two (2) tags, the
contractor may refuse collection service and include on the subsequent tag a description of the
action that must be taken for materials to be collected. If the recycling contractor continues to find
incorrect materials in a collection container, it is required to report the customer that has violated the
separation requirements to the City. The first reading Ordinance provides that the contractor would
be subject to fines and penalities if it collects such commingled materials and waste.
According to the parameters of the first reading recycling Ordinance, if commercial establishments,
multi-family residences, or waste haulers are found to be in non-compliance with the proposed
amendments, the following penalties would be prescibed:
a) For the first violation, a warning or a fine up to $350.00.
b) For the second violation, a fine of up to $500.00.
c) For the third violation, a fine of up to $1 ,000.00.
d) For the fourth and subsequent violations, a fine of up to $5,000.00.
The first reading Ordinance does not include a fine accrual provision, which is found in many of the
City's similar fine structures. The Administration recommends that the Committee explore the
possibility of adding an accrual provision to encourage compliance.
The first reading Ordinance calls for one (1) year of Public Education Program followed by a six (6)
month warning period before penalties would be issued. During the education and outreach period,
the City would implement an aggressive public education campaign to inform the public of the new
requirements. This would entail comprehensive community outreach through the Chamber of
Commerce, local schools, business associations, homeowner and condominium associations. In
addition, the City would disseminate information about the new program through TV, website, social
media, and printed media. After a year of extensive education and outreach, the six (6) month
warning period (or pre-full implementation period) would take place, where only warning notices
without monetary fines would be issued.
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City Commission Memo -Recycling Ordinance, Second Reading
March 21, 2012
Page 5 ofB
In addition to the outreach and educational efforts associated with a program of this magnitude, the
first reading Ordinance also includes an educational "tag program". The City would require recycling
contractors to place informational tags and/or stickers on the recycling dumpster to further educate
the public regarding allowable recyclable materials and proper recycling procedures. Only after the
education and warning period are complete (18 months from commencement of the program) would
the City issue Notices of Violation with accompanying monetary fines to companies and/or
individuals that fail to adhere to the provisions of this Ordinance.
The first reading Ordinance has been reviewed, analyzed, and commented upon by the
Sustainability Committee (at its October 2010 and November 2010 meetings). Two (2) versions of
the Ordinance were presented for review and consideration by the Land Use and Development
Commmittee (LUDC): Option "A" is the version developed by Administration and Option "8" is the
version developed by the Sustainability Committee.
The only significant differences that emerged between the Administration's version (Option "A") and
the Sustainability Committee's version (Option "8") were:
1. The dollar amount of the fines. The Sustainability Committee's recommendation for first and
second offenses did not include a warning and the dollar amounts were higher; and
2. The duration of the overall warning period. The Sustainability Committee recommended a
three (3) month warning period instead of a six (6) month warning period, during which only
warning citations and not actual monetary or other penalties would be issued.
On December 12,2010, the LUDC passed a motion recommending Option "A", the Administration's
version of the Ordinance, and moved it to the Finance and Citywide Projects Committee (FCWPC)
for discussion.
On June 23, 2011, the FCWPC passed a motion recommending that the City Commission pass
Option "A" with the stipulation that the program is revenue-neutral, and is funded through the
commercial waste hauler contributions and/or Sanitation Reserves. The FCWPC also required that
no funding from the General Fund be used to support the Recycling Program. To be revenue-
neutral, the enforcement needs to be more complaint driven than pro-active inspection. Therefore,
the Ordinance as written must be modified.
PROGRAM COMPARISONS
Staff conducted research to identify and compare similar programs established in other
municipalities across the United States. Some of the cities contacted included the localities of
Austin, Texas; Gainsville, Florida, Miami-Dade County, Montgomery County, Maryland; San Diego,
California; San Fransisco, California; and Seattle, Washington.
Levels of community compliance and enforcement vary between municipalities. For example, when
Seattle began its mandatory recycling program, there was a high level of compliance from the
beginning; more than 90% of Seattle's 150,000 apartments and businesses complied with the
requirements of the new ordinance within weeks of implementation without the issuance of fines.
Similarly, San Francisco has seen an approximate 55% rate of compliance with its mandatory
com posting and recycling ordinance. San Francisco publicized that it would strictly be enforcing
multi-family com posting and recycling in order to increase the public dialogue; however, their focus
is still mainly in compliance through outreach rather than issuance of fines.
Jurisdictions such as Gainesville, Austin, San Diego and Montgomery County have focused efforts
on providing education and extensive technical assistance rather than issuing fines to achieve
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City Commission Memo -Recycling Ordinance, Second Reading
March 21, 2012
Page 6of8
compliance. Gainesville has concentrated its efforts on a comprehensive educational campaign that
includes onsite assessment and recycling guidance to its residents and businesses. However,
Gainesville is planning to begin attaching fines to facilities' electric bills in order to increase recycling
compliance.
Similarly, Austin's current ordinance includes a fine of $500 per day. To date, Austin has elected to
focus on education rather than to issue fines for non-compliance. However, Austin is in the process
of developing a more stringent ordinance with stricter enforcement and fines, which is scheduled to
come into effect in October 2012.
Montgomery County has been focusing their efforts on providing education and technical assistance
to multi-family residences and commercial facilities. These facilities are required to complete an
Annual Waste Reduction Report that estimates the amount of recyclable materials generated
annually. This allows Montgomery County to conduct audit inspections to verify the Waste
Reduction Report and determine if the facility requires further technical assistance. If outreach is
found to be unsuccessful, Recycling Investigators will respond with verbal warnings followed by
citations; however, further fines and enforcement is uncommon.
The research also showed that the program staffing levels at a number of the locations varied in
terms of the scope of work and goals. Programs varied from a staff of four (4) Waste Diversion
Planners in Austin, Texas to more complex programs such as Montgomery County, which has a
total of eighteen (18) employees (1 Section Chief, 2 Program Coordinators, 2 Compliance
Managers, 1 Community Outreach Coordinator, 8 Educational Specialists, and 4 Recycling
Investigators). San Francisco's recycling and composting program relies heavily on community
volunteers to conduct door-to-door neighborhood outreach. In addition, San Francisco received
funds from the Federal Stimulus Package Jobs Now program that allowed it to employ fifty (50)
Environmental Outreach Assistants, whose duties included various environmental initiatives
including recycling outreach. From the Jobs Now program, eighteen (18) Outreach Assistants have
remained as full-time employees and now supplement the Zero Waste Division's eleven (11)
employees (3 Residential Recycling Coordinators, 3 City Government Recycling Coordinators, 3
Commercial Recycling Coordinators, 1 Construction & Demolition Recycling Coordinator, and 1
Division Program Manager).
STAFFING REQUIREMENTS-CITY ORDINANCE (OPTION A)
Based on the requirements and parameters set forth in the first reading Ordinance, Code
Compliance Officers (CCO) would need to inspect and assess 3,624 commercial units and
approximately 1 ,500 multi-family residential buildings with more than eight units in order to
determine compliance.
Staff has had several discussions regarding the level of enforcement that would be required for this
first reading Ordinance and how to effectuate inspections to encourage compliance. In order to
achieve the level of compliance expected to be achieved with this Ordinance, the Administration
would recommend quarterly pro-active inspections for the commercial establishments, and is
assuming a 50% compliance rate, which would require additional inspections for non-compliance.
For the multi-family residential buildings, the Administration would recommend two (2) proactive
inspections per year, again with a 50% compliance rate assumption, and additional inspections for
non-compliance. These assumptions do not include any inspections required as a result of
complaints or as notices provided by the haulers based on their observations and issuance of "red
tag" warnings. Variation from this implementation plan would impact the estimated staffing
requirements, operational costs and potential revenue from fines presented herein.
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City Commission Memo -Recycling Ordinance, Second Reading
March 21, 2012
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It should be noted that recycling Ordinance enforcement staffing would be done with additional
positions, not within the current staffing plan of the Code Compliance Divison of the Building
Department, as current staff does not have the capacity to implement this program with current
Code Compliance demands. An additional administrative support position would also be required in
order to implement this program.
Using the assumptions outlined above, a total of eleven (11) additional full-time staff would be
required in the Code Compliance Division to effectively address the parameters of the first reading
recycling Ordinance. This includes nine (9) CCOs, one (1) Recycling Manager, and one (1)
Administrative Aide I. The CCOs would be deployed by zones (South, Middle, and North), reporting
to a Recycling Administrator, who in turn would report to a Recycling Manager. Assignments would
be adjusted based on work loads. The Recycling Manager would be responsible for supervising the
program and coordinating continued community outreach and education efforts.
The ongoing annual operating costs are projected to be approximately $630,611. This includes
salaries and fringe benefits associated with full-time employment in the amount of approximately
$592,993 as well as minimal operating costs in the amount of $37,618. This estimate does not
include one-time costs such as the purchase of computers, vehicles, and office furniture, which are
estimated to be in the range of $123,600, for a total implementation cost of approximately $754,235.
It should be noted that the staffing and operating costs associated with this program can be phased
in, as the educational program and initial warning period would be for a combined period of eighteen
(18) months. Thus, the entirety of the costs would not need to be funded at the inception of the
program.
POTENTIAL RECOVERY OF EXPENDITURES /ISSUANCE OF FINES
It is difficult to estimate the revenues generated from fines collected by implementing such a
program, as there is no experience with a strictly enforced recycling program. The Administration
projects a 50% compliance rate, based on data obtained from the County; the County reports a
47% compliance rate on their ordinance. Assuming a 33% collection rate on the fines issued to the
50% of the non-compliant commerical and multi-family units, the City would collect approximately
$550,000 with this program. The 33% is the average/typical collection rate for code compliance
violations.
If fine collection turns out to be higher than anticipated, the revenue stream would increase. Of
course, the reciprical is also true. Additionally, if compliance is greater than anticipated, which would
be the ultimate goal of the program, the revenues would be less than anticipated.
PUBLIC EDUCATION PROGRAM
The first reading Ordinance specifies that the City would establish a Public Education Program that
informs the public of the new requirements and provides guidance on proper recycling procedures.
An exensive twelve (12) month education and outreach period will then be followed by a six (6)
month warning period before penalties would be issued. In order to maximize the success and
exposure of the Public Education Program during this period, prior to commencing enforcement, it is
recommended that a consultant be retained to communicate the new Recycling Program to the
community. The consultant can assist the City with developing a marketing plan, designing effective
educational materials, and administering workshops and creating information packages for
commercial and multi-family facilities.
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City Commission Memo -Recycling Ordinance, Second Reading
March 21, 2012
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FUNDING
Recommend funding for FY2012 Public Education Program to be provided from the waste haulers
contributions or through Sanitation Reserves. A source of funding for the enforcement component
of the Recycling Program has yet to be identified, other than the revenues discussed herein
associated with the fines.
CONCLUSION
At the July 13, 2011, Commission Meeting the item was referred to the September 26, 2011 Finance
and Citywide Projects Committee (FCWPC) meeting. The FCWPC directed the Administration to
conduct a Recycling Workshop, held on October 24, 2011. At the Workshop, Commissioner
Gongora indicated that the item would be further discussed at the Sustainability Committee meeting
prior to a referral to the FCWPC to discuss funding. At the November 15, 2011 Sustainability
Committee meeting, a vote to revise the first reading Ordinance to more closely reflect the Miami-
Dade County Ordinance passed with the following recommendations:
• Include a robust educational program
• Reduce the fine amounts
• Introduce an enforcement component; although the County ordinance provides for
enforcement, no enforcement is provided by the County.
Based on the above recommendations, the first reading Ordinance was revised and modified
significantly, and returned to the Sustainability Committee on January 17, 2012 and February 28,
2012 for further discussion. On February 28, 2012, the Sustainability Committee recommended that
the proposed revised Ordinance be referred to the FCWPC on March 29, 2012 for consideration.
Therefore, the Administration recommends that this item be opened and continued.
Attachments:
A First Reading Recycling Ordinance
DRB/FHB/RWS/ESW
T:\AGENDA\2012\3-21-12\Recycling Ordinance Memo.doc
361
ORDINANCE NO.--------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE MIAMI BEACH
CITY CODE, ENTITLED "SOLID WASTE," BY AMENDING THE DEFINITIONS
IN ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 90-2,
ENTITLED "DEFINITIONS"; BY AMENDING ARTICLE II, ENTITLED
"ADMINISTRATION" BY AMENDING THE PENALTIES FOR SOLID WASTE
VIOLATIONS AND TO PROVIDE PROVISIONS AND PENALTIES RELATIVE
TO RECYCLING FOR MULTIFAMILY RESIDENCES AND COMMERCIAL
ESTABLISHMENTS; BY CREATING ARTICLE V, TO BE ENTITLED
"CITYWIDE RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND
COMMERCIAL ESTABLISHMENTS," TO PROVIDE PROVISIONS FOR
RECYCLING REQUIREMENTS AND ENFORCEMENT, A PUBLIC
EDUCATION PROGRAM, A WARNING PERIOD, AN ENFORCEMENT DATE,
COLLECTOR LIABILITY, A "RED TAG" NOTICING SYSTEM, PENAL TIES,
AND SPECIAL MASTER APPEAL PROCEDURES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, nearly everything we produce, use or consume leaves behind some kind of
waste and the treatment and disposal of waste can be a source of water, land, and air pollution;
and
WHEREAS, by managing solid waste and conserving material resources through
reduction, reuse, and recycling, the City will help minimize impacts to the quality and safety of
the local environment, reduce costs of waste disposal and decrease the carbon foot print
associated with the production and the use and disposal of materials; and
WHEREAS, the recycling of recyclable materials is in the best interest of the
environment, the residents, and the environmental footprint of the City of Miami Beach; and
WHEREAS, the City seeks to establish a Citywide Recycling Program for multifamily
residences and commercial establishments that provides standards that are equivalent to or
exceed the minimum recycling requirements of Miami-Dade County; and
WHEREAS, pursuant to Sections 15-2.5 and 15-2.7 of the Miami-Dade County Code,
the City and Miami-Dade County have agreed that the following Citywide Recycling Program
meets the minimum standards set forth in section 15-2.6 of the Miami-Dade County Code and
have accordingly entered into a Memorandum of Understanding so that the City may implement
said Program.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article I, entitled "In General," of Chapter 90 of the Miami Beach City Code,
entitled "Solid Waste," is hereby amended as follows:
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CHAPTER 90
SOLID WASTE
* * *
ARTICLE I. IN GENERAL
Sec. 90-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
* * *
Commercial establishment means an establishment dealing in an exchange of goods or
services for money or barter. For purposes of this chapter, the term shall include churches,
synagogues and schools.
* * *
Multifamily residence means a building occupied or intended to be occupied by two (2)
or more families living separately, with separate kitchens in each unit.
* * *
Offense means a notice of violation that has not been appealed timely or a finding of a
violation by a special master following the appeal of a violation.
* * *
Premises means real property and includes any buildings or structures thereon.
* * *
Recyclable material§. means those materials capable of being recycled and which would
otherwise be processed or disposed of as solid waste. Any recyclable material mixed with solid
waste shall be considered to be solid waste.
Recycling means any process by which recyclable materials are collected, separated, or
processed to be reused or returned to use in the form of raw materials or products.
Recycling container means a container approved by the city manager for collection of
recyclable material by a recycling contractor.
Recycling contractor means a private contractor licensed by the city who collects
recyclable materials and transports same to a state or county-licensed recycling facility for
processing. Recycling contractors must provide their customers with a separate recycling
container for recyclable materials.
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Single-stream recycling means a process by which certain recyclable materials are
mixed together instead of being sorted into separate recycling containers in the collection
process.
SECTION 2. That Article II, entitled "Administration," of Chapter 90 of the Miami Beach City
Code entitled "Solid Waste," is hereby amended as follows:
CHAPTER 90
SOLID WASTE
* * *
ARTICLE II. ADMINISTRATION
Sec. 90-36. Enforcement of chapter; notice of violation.
(a) The city manager is hereby authorized and directed to enforce all the provisions of
this chapter regulating and governing the accumulation, collection .. and disposal of solid waste.
The city manager shall have the power to delegate duties to employees working under his
authority (including. without limitation. the city's public works director) in the enforcement of the
provisions of this chapter.
(b) Upon presentation of proper credentials, an inspector designated by the city
manager may enter any building, structure, lot or other premises for the purpose of inspection,
or to prevent violations of this chapter.
(c) The existence of solid waste shall be prima facie evidence that the same was
created or placed there by the occupant of the dwelling or commercial establishment; or the
owner; or the operator or manager. The existence of the same garbage inside the same
garbage containers for four (4) consecutive days upon premises serviced by a private waste
contractor shall be prima facie evidence of a violation of this chapter by the contractor. For
purposes of this section premises serviced by a private waste contractor shall not include
accounts that have been discontinued by the contractor when notice of discontinued service has
been mailed to the owner, occupant; or operator or manager, as well as to the city, prior to the
accumulation of the garbage.
(d) Whenever a designated city inspector observes a violation (or violations) of this
chapter regarding solid waste or an accumulation of solid waste that creates a health hazard,
environmental hazard, or nuisance, the inspector shall order the violation(s) to be corrected
within a specified period of time by serving a written notice of violation(s) upon the person
causing, or responsible for, such violation and/or health hazard, environmental hazard, or
nuisance. Such person shall immediately cease or abate the violation(s).
(e) A +Re notice of violation shall be served personally or by certified mail upon the
property owner or upon the person.{§l in lawful possession of the premises, and/or upon the
private waste contractor servicing the premises. If the person addressed with such notice
cannot be found by the city after making reasonable good faith effort, such notice shall be sent
by certified mail to the last known address of such person, and a copy of the notice shall be
posted in a conspicuous place on the premises. Such notice shall be deemed the equivalent of
personal service.
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(f) The notice shall specify any fine(s) that may be due in connection with the
violation(s)... the time specified by the inspector to correct the violations, and the procedure for
timely payment or appeal of the fine(s).
(g) If the inspector determines that the conditions constitute an immediate threat to the
health, safety or welfare of the public, he/she may order the immediate correction of the
violation(s) at the expense of the occupant; owner; or operator or manager and the city shall
have the right to recover such expenses as provided in section 90-~ 37.
(h) The enforcement of the recycling requirements for the citywide recycling program for
multifamily residences and commercial establishments provided for in Article V of this chapter.
and the penalties for violations of Article V, are provided in sections 90-345 and 90-347 through
90-348 of this chapter.
Sec. 90-37. Removal of waste by city; penalties for violations.
If the person served with a notice of violation pursuant to section 90-36 does not correct
the violation within the specified time, the city manager may do the following:
(1) For violations involving failure to remove solid waste, the city manager may
cause the waste to be removed from the premises and charge the actual costs to
the owner; occupant; or operator or manager, on a force account basis. Any fine
due pursuant to section 90-39 or 90-40 shall also be charged to the owner;
occupant; or operator or manager. Failure to pay such costs and fines or to
appeal pursuant to section 90-38 within fifteen (15) days of receipt of the notice
shall result in the imposition of a lien upon the property, in the amount of such
costs and fines. Such liens shall be treated as special assessment liens against
the subject real property and, until fully paid and discharged, shall remain liens
equal in rank and dignity with the lien of ad valorem taxes, and shall be superior
in rank and dignity to all other liens, encumbrances, titles and claims in, to or
against the real property involved. Such liens shall be enforced by any of the
methods provided in Ch. 86, Florida Statutes; or, in the alternative, foreclosure
proceedings may be instituted and prosecuted under the provisions of Ch. 173;
Florida Statutes; or the collection and enforcement or payment thereof may be
accomplished by any other method authorized by law. The owner; occupant; or
operator or manager shall pay all costs of collection, including reasonable
attorneys fees incurred in the collection of fines, and other charges, penalties,
and liens imposed by virtue of this chapter.
(2) For violations of this chapter for which no fine is specified in sections 90-39
and 90-40, the city attorney may prosecute the violators pursuant to section 1-14.
Fines for such offenses shall be as follows:
a. First offense, $350.00.
b. Second offense, $500.00.
c. Third offense, $1 ,000.00.
d. Fourth or subsequent offense. $5,000.00.
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(3) For violations which present a serious threat to the health, safety or welfare
of the public and/or violations that are continually repeated constitute a fourth or
subsequent offense by the same violator, the city attorney may seek injunctive
relief and/or, in the case of commercial establishments, revoke the business tax
receipt and/or certificate of use of the establishment and/or premises.
Sec. 90-38. Appeal to special master.
(a) Any person receiving a notice of violation pursuant to section 90-36 and/or g_notice
offine pursuant to section§ 90-39 and/or 90-40 may request, within fifteen (15) days of receipt
of the notice, an administrative hearing before a special master, appointed as provided in article
II of chapter 30, to appeal the decision of the city inspector resulting in the issuance of the
notice. Procedures and application fee for the scheduling and conduct of the hearing shall be as
provided in sections 102-384 and 102-385. Failure to appeal within the prescribed time period
shall constitute a waiver of the violator's right to an administrative hearing. A waiver of the right
to an administrative hearing shall be treated as an admission of the violation, as noticed, and
fines and penalties may be assessed accordingly.
(b) Timely filing of a notice of appeal pursuant to this section shall toll the imposition of
a lien pursuant to section 90-37 or 90-136, or enforcement procedures pursuant to section 90-
36, until thirty (30) days after the issuance of a written determination by the special master. Any
amounts of money due the city pursuant to such determination must be received by the city
within thirty (30) days after the issuance of the determination, or a lien shall be imposed upon
the property in question, and any other enforcement or collection procedures commenced, as
provided by this chapter or under state law.
SECTION 3. That Article V, to be entitled "Citywide Recycling Program for Multifamily
Residences and Commercial Establishments," of Chapter 90 of the Miami Beach City Code,
entitled "Solid Waste," is hereby created as follows:
CHAPTER 90
SOLID WASTE
* * *
ARTICLE V. CITYWIDE RECYCLING PROGRAM FOR
MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS
Sec. 90-340. Recycling required for multifamily residences.
As of ( DATE ) [NOTE: DATE SHOULD BE ONE YEAR FROM EFFECTIVE
DATE OF ORDINANCE], every multifamily residence shall be required to use a single-stream
recycling process to recycle recyclable materials and every multifamily residence shall be
serviced by a city and state licensed recycling contractor .
.@1 At a minimum. multifamily residences must recycle at least five (5) of the
recyclable materials listed below:
1l Newspaper-used or discarded newsprint. including any glossy inserts;
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~ Glass-glass jars. bottles, and containers of clear, green or amber
(brown) color of any size or shape used to store and/or package food and
beverage products for human or animal consumption. and/or used to
package other products. which must be empty and rinsed clean of
residue. This term excludes ceramics, window or automobile glass,
mirrors, and light bulbs;
ID Metal food and beverage containers-all ferrous and nonferrous (i.e.
including, but not limited to, steel, tin-plated steel, aluminum and bimetal)
food and beverage containers (i.e. including, but not limited to, cans,
plates. and trays) of any size or shape used to store and/or package food
and beverage products suitable for human or animal consumption. which
must be empty and rinsed clean of residue;
1} Other metal containers-all other ferrous and non ferrous containers used
to package household products including, but not limited to, paint cans
and aerosol cans. which must be empty and rinsed clean of residue;
§.l Plastics-all high density polyethylene (HOPE) and/or polyethylene
terephthalate (PET) bottles, jugs, jars. cartons. tubs, and/or other
containers. and lids. of any size or shape used to package food,
beverages. and/or other household products, or crankcase oil, which must
be empty and rinsed clean of residue. This term excludes all plastic film.
plastic bags, vinyl, rigid plastic (i.e. toys), and plastic foam materials; and
{Ql At least three (3) of the following recyclable materials:
1.l Cardboard -clean. unwaxed corrugated cardboard boxboard and/or
similar corrugated and kraft paper materials; food, beverage, and/or other
household cardboard boxes, cartons and/or other containers (i.e. cereal
boxes. paper egg cartons. rolls. and bags, milk, juice and other beverage
cartons and/or boxes. spiral-wound containers such as orange juice,
dough and potato chip containers, tissue boxes. and toilet tissue and
paper towel rolls); and any other corrugated and/or non-corrugated
materials made from cardboard, all of which must be empty and cleaned
of excessive amounts of contaminant such as adhesives. metals and
plastics;
~ Magazines and catalogues;
ID Telephone books and/or directories;
1} Office paper -used or discarded high-grade white paper and Manila
paper including, but not limited to. paper used for file folders, tab cards,
writing, typing, printing, computer printing, and photocopying (i.e. writing
paper. stationary, letterhead, notebook paper. copier paper. typing paper,
tablet sheets. computer print-out paper. and all paper of similar quality);
regular mail and junk mail; envelopes without wax liners or adhesive
labels; and paper gift wrap and cards. This term shall not include carbon
paper, self carbonizing paper, coated or glossy paper, and envelopes
with windows or adhesive labels.
Organic Materials -A multifamily residence that recycles organic materials in a separate
bin that is serviced by a city licensed recycling contractor shall be deemed to satisfy one of the
three(3) recyclable materials options in this subsection (b). The following items shall be
deemed to be organic materials for purposes of this section: All food materials. including but
not limited to fresh. frozen, dried, cooked and prepared foods and leftovers; fruit and vegetable
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scraps; pasta, bread, and cereal; meat and fish products; egg shells; coffee grinds and filters;
and tea bags.
Sec. 90-341. Recycling required for commercial establishments.
As of ( DATE ) [NOTE: DATE SHOULD BE ONE YEAR FROM EFFECTIVE
DATE OF ORDINANCE]. every commercial establishment shall be required to recycle
recyclable materials and shall be serviced by a city and state licensed recycling contractor, or
the city. At a minimum, commercial establishments must recycle at least three (3) recyclable
materials from the list below:
1.l Newspaper: Cardboard; Magazines and catalogues; Telephone books and/or
directories: and Office paper -(with said terms having the same definitions, and
including the same type(s) of recyclable materials as provided in Sections 90-
340(a) and (b) hereof);
.£). Glass -(with said term having the same definition and including the same type(s)
of recyclable materials as provided in Section 90-340(a) hereof);
~ Metal food and beverage containers -(with said term having the same definition
and including the same type(s) of recyclable materials as provided in Section 90-
340(a) hereof);
1} Other metal containers -(with said term having the same definition and including
the same type(s) of recyclable materials as provided in Section 90-340(a) hereof.
but also, for purposes of this subsection(4), including scrap metal. which shall
mean used or discarded items suitable for recycling, consisting predominantly of
ferrous metals. aluminum. brass, copper, lead, chromium. tin. nickel or alloys
thereof including, but not limited to. bulk metals such as large metal fixtures and
appliances (including white goods such as washing machines. refrigerators, etc.),
but excluding metal containers utilized to store flammable or volatile chemicals,
such as fuel tanks.;
§l Plastics -(with said term having the same definition and including the same
type(s) of recyclable materials as provided in section 90-340(a) hereof);
§l Textiles;
Zl Wood -clean wood waste and/or pieces generated as byproducts from
manufacturing of wood products and wood demolition waste (i.e. lumber,
plywood, etc.) thrown away in the course of remodeling or construction. It
excludes clean yard waste and clean waste (i.e. natural vegetation and minerals
such as stumps. brush, blackberry vines. tree branches, and associated dirt,
sand. tree bark. sand and rocks). treated lumber. wood pieces, or particles
containing chemical preservatives. composition roofing. roofing paper. insulation,
sheetrock, and glass.
Organic Materials -A commercial establishment that recycles organic materials (as
defined in Section 90-340 hereof) in a separate bin that is serviced by a city licensed recycling
contractor shall be deemed to satisfy one of the three(3) recyclable materials options in this
subsection.
Sec. 90-342. Unauthorized collection of designated recyclable materials.
Only those recycling contractors that have been authorized by the city and the state to
collect designated recyclables in the city shall be authorized to collect recyclable materials
under this article.
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Sec. 90-343. Public education program; warning period and enforcement date.
§} Beginning ( DATE ) £NOTE: DATE SHOULD BE 10 DAYS AFTER
ADOPTION OF ORDINANCE]. the city shall engage in public education efforts and
the city shall not prosecute individuals who unknowingly fail to separate recyclable
materials from all other solid waste materials required to be separated by this article
until as provided in subsections (d) and (e) of this section.
b) All recycling contractors must appropriately designate the recycling collection
containers they provide to customers. The containers must contain the appropriate
signage and information. as shall be established and approved by the city pursuant
to subsection (c) below. that allows users to clearly and easily identify the container
for recycling.
etc) The city shall establish an educational tag proaram whereby appropriate
information. in the form of tags. stickers. or other signage approved by the city
manager. shall be required to be placed on all recycling containers. informing the
public of proper recyclable materials and procedures. The city shall also provide
information on its website regarding what materials are acceptable as recyclables
under this article.
Ql Beginning ( DATE ) [NOTE: DATE SHOULD BE ONE YEAR FROM
EFFECTIVE DATE OF ORDINANCE] the city shall provide for a six (6) month
warning period. through and including ( DATE ) [NOTE: DATE SHOULD BE
18 MONTHS AFTER EFFECTIVE DATE OF ORDINANCE], in which warning tickets
shall be issued to persons who fail to separate recyclable materials from solid waste.
regardless of knowledge or intent.
G}e) Beginning ( DATE ) £NOTE: DATE SHOULD BE 18 MONTHS AND 1
DAY AFTER EFFECTIVE DATE OF ORDINANCE]. this article shall be enforced
and penalties shall be applied and imposed for violations of this article.
Sec. 90-344. Liability of contractors.
(a) All recycling contractors shall comply with all applicable state and city laws and
regulations. Any recycling contractor who reasonably believes that a person from whom
he/she/it collects has violated the separation requirements of article V of this chapter. shall not
collect the same. and shall notify the director of public works to report the violation. If the
contractor collects such waste. the fines and penalties set forth in sec. 90-347 shall be issued
and imposed against him/her/it. Additionally, contractors shall assist and notify the director of
public works in identifying persons that unlawfully mixed solid waste with recyclable materials.
which were later delivered to a resources recovery facility. transfer station. landfill, or other solid
waste facility.
(b) "Red Tag" Noticing System.
1) If a recycling contractor finds materials that are not the correct type as
designated for that container (such as recyclables in a sold waste
container. or solid waste in a recycling container). the contractor shall then
leave a tag on the container identifying the incorrect materials.
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2) If the contractor continues to find incorrect materials in a collection
container after the contractor has left a previous tag for that customer and
that type of container. the contractor must leave another tag on the
container identifying the incorrect materials and send a written notice to (i)
the person and/or entity who subscribes for that collection service, and (ii)
the director of public works.
3) If the contractor continues to find incorrect materials in a collection
container after the contractor has already left two {2) or more tags for that
customer and that type of container. the contractor may refuse to empty
the container. If the container is not emptied, the contractor must leave a
tag and send a written notice to (i) the person and/or entity who
subscribes for the collection service. identifying the incorrect materials and
describing what action must be taken for the materials to be collected, and
(ii) to the director of public works; provided, however. that a contractor
may not refuse on this basis to empty containers from multifamily or
commercial establishment properties with multiple tenants and joint
account collection services.
4) The contractor shall, provide to the director of public works a list of the
names and addresses of those persons and/or entities who have received
tags or notices. or whose containers have not been emptied due to non-
compliance with this article, or copies of the tags or notices issued by the
contractor. The contractor shall also provide to the director, upon request.
a list of the names, addresses, and service levels of the contractor's
customers and any additional information required by the director.
Sec. 90-345. Enforcement.
(a) The city manager is hereby authorized and directed to enforce all the provisions of
this article regulating and governing the accumulation, collection, recycling, and disposal of
recyclable materials. The city manager shall have the power to delegate duties to employees
working under his authority in the enforcement of the provisions of this article.
(b) Upon presentation of proper credentials, an inspector designated by the city
manager may enter any building, structure, lot. or other premises for the purpose of inspection,
or to prevent violations of this article.
(c) The existence of recyclable materials in any place other than in a recycling
container, shall be prima facie evidence that the same was created or placed there by the
occupant of the multifamily residence or commercial establishment. or the owner. operator, or
manager of the premises. The existence of recyclable materials inside a recycling container for
seven (7) consecutive days or more shall be prima facie evidence of a violation of this article by
the recycling contractor. The absence of recyclable materials in a recycling container for seven
(7) consecutive days or more upon the premises shall be prima facie evidence of a violation of
this article by the multifamily residence or commercial establishment. For purposes of this
section. premises serviced by a recycling contractor shall not include accounts that have been
discontinued by the recycling contractor when notice of discontinued service has been mailed to
the owner, occupant. operator, or manager of the premises, as well as to the city, prior to the
accumulation of the recyclable materials.
(d) The director of the department of public works shall develop warning notices and
notices of violation forms with which to impose penalties on violators that are in violation of this
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article. The city shall issue warning notices and notices of violations notices to property owners,
tG person(s) in lawful possession of the premises, or to the recycling contractor servicing the
premises. In addition. contractors may issue warnings at the request of the director of the
department of public works.
(e) Whenever a designated city inspector observes a violation (or violations) of this
article, or an accumulation of recyclable materials that creates a health hazard, environmental
hazard, or nuisance. the inspector shall order the violation(s) to be corrected within a specified
period of time by serving a written notice of violation(s) upon the person causing, or responsible
for. such violation and/or health hazard. environmental hazard. or nuisance. Such person shall
immediately cease or abate the violation(s).
(f) A notice of violation shall be served personally or by certified mail upon the property
owner or the person(s) in lawful possession of the premises. or upon the recycling contractor
servicing the premises. If the person addressed with such notice cannot be found by the city
after making a reasonable good faith effort, such notice shall be sent by certified mail to the last
known address of such person. and a copy of the notice shall be posted in a conspicuous place
on the premises. Such notice shall be deemed the equivalent of personal service.
(g) The notice shall specify any fine or penalty that may be due in connection with the
violation(s), the time specified by the inspector to correct the violation(s), and the procedure for
timely payment or appeal of the fine or penalty.
(h) If the inspector determines that the conditions constitute an immediate threat to the
health, safety or welfare of the public. the inspector may order the immediate correction of the
violation(s) at the expense of the property owner, occupant, operator, manager. or other
person(s) in lawful possession of the premises. and the city shall have the right to recover such
expenses as provided in section 90-37.
Sec. 90-346. Exception.
A property owner may seek a waiver from the director of public works of all or portions of
this article. if the applicant submits documentation, using a form specified by the city that
includes a signed affidavit under penalty of perjury, that shows that the property does not have
adequate storage space for containers for recyclables or solid waste or other hardship. In
cases where, after on-site verification. space or other limitations are determined to exist. the
director shall evaluate the feasibility of sharing containers for recyclables or solid waste with
contiguous properties, and, where feasible, may require container sharing in lieu of providing a
waiver, or such other suitable solutions as deemed appropriate by the director.
Sec. 90-347. Removal of Recyclable Materials by City/Penalties.
(1) For violations involving failure to remove recyclable materials from a recycling
container by a recycling contractor, the city manager may cause the recyclable materials to be
removed from the premises and charge the actual costs of removal to the owner, occupant,
operator. manager, or other person(s) in lawful possession of the premises.
(2) Penalties for violations of this article shall be as follows:
a. For the first violation, a warning or a fine up to $350.00.
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b. For the second violation, a fine of up to $500.00.
c. For the third violation, a fine of up to $1 .000.00.
d. For the fourth and subsequent violations. a fine of up to $5,000.00.
(3) Any penalty due pursuant to this article shall also be charged to the owner,
occupant. operator. manager. or other person(s) in lawful possession of the premises. Failure
to pay such costs and penalties. or to appeal pursuant to section 90-348 within fifteen (15) days
of receipt of the notice of violation shall result in the imposition of a lien upon the premises. in
the amount of such costs and penalties. Such liens shall be treated as special assessment
liens against the subject real property and. until fully paid and discharged. shall remain liens
equal in rank and dignity with the lien of ad valorem taxes, and shall be superior in rank and
dignity to all other liens, encumbrances. titles and claims in. to or against the real property
involved. Such liens shall be enforced by any of the methods provided in Ch. 86, Florida
Statutes; or. in the alternative. foreclosure proceedings may be instituted and prosecuted under
the provisions of Ch. 173; Florida Statutes; or the collection and enforcement or payment
thereof may be accomplished by any other method authorized by law. The owner. occupant.
operator. or manager of the premises shall pay all costs of collection, including reasonable
attorneys fees incurred in the collection of fines, and other charges. penalties, and liens
imposed by virtue of this chapter.
(4) For violations which present a serious threat to the health, safety or welfare of the
public. and/or violations that constitute a fourth or subsequent offense by the same violator. the
city may seek injunctive relief and/or, in the case of commercial establishments. revoke the
business tax receipt and/or certificate of use of the establishment and/or premises.
Sec. 90-348. Appeal to Special Master.
(a) Any person receiving a notice of violation pursuant to this chapter may request.
within fifteen (15) days of receipt of the notice, an administrative hearing before a special
master. appointed as provided in article II of chapter 30. to appeal the decision of the city
inspector resulting in the issuance of the notice. The procedures and application fee for the
scheduling and conduct of the hearing shall be as provided in sections 102-384 and 102-385.
Failure to appeal within the prescribed time period shall constitute a waiver of the violator's right
to an administrative hearing. A waiver of the right to an administrative hearing shall be treated
as an admission of the violation, as noticed. and fines and penalties may be assessed
accordingly.
(b) Timely filing of a notice of appeal pursuant to this sectio~:;~ shall toll the imposition of
a lien or enforcement procedures pursuant to section 90-347. untii .thirty (30) days after the
issuance of a written determination by the special master. Any costs or genalty'amounts due
the city pursuant to such determination must be received by flie city within ·thirty" (30) days after
the issuance of the determination, or a lien shall be imposed upon the premises, and any other
enforcement or collection procedures may be commenced. as provided by this chapter or under
state law. -· • ---
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SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 5. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 6. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect the day of--------' 2011.
PASSED and ADOPTED this day of-------' 2011.
ATTEST:
MAYOR MATTI HERRERA BOWER
ROBERT PARCHER, CITY CLERK
Underline denotes additions and Strike through denotes deletions.
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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 Second and Final Reading?
Item Summary/Recommendation: SECOND READING PUBLIC HEARING
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 Mayor and City Commission adopted the Ordinance on First Reading and referred the Ordinance to the Land
Use and Development Committee (LUDC) for further discussion. The LUDC discussed the proposed ordinance and
recommended that, at least initially, the program should be available for both renovations and new construction.
Additionally, the LUDC recommended that the program be administered through a competitive process.
THE ADMINISTRATION RECOMMENDS ADOPTING THE ORDINANCE ON SECOND AND FINAL
READING.
Financial Information:
Source of
Funds:
[J
... . 1 . . •,
.• • ..... ·N.
17, 2012; Land Use Committee, Februa 15, 2012.
OBPI !'ot.Sl ·'. "---'"'·.;...;'·,··'"·••·'"'-'··="'.....:· ·.....:··.....:~--_______ _,__ __________________ -1
Financial Impact Summary:
MIAMIBEAC
375
C9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
MEMO# COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: March 21, 2012
SECOND READING
PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE CITY IAMI 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 Second and Final 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
376
Commission Memorandum
Energy Economic Zone Pilot Program
March 21, 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.
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.
LAND USE AND DEVELOPMENT COMMITTEE DISCUSSION
On February 8, the Mayor and City Commission adopted the ordinance on first reading, and
referred the ordinance to the Land Use and Development Committee (LUDC) for further
discussion. On February 15, 2012, the LUDC discussed the proposed ordinance and
recommended that, at least initially, the program should be available for both renovations and
377
Commission Memorandum
Energy Economic Zone Pilot Program
March 21, 2012
new construction. Additionally, the LUDC recommended that the program be administered
through a competitive process. The Administration will include a competitive process for
award of the incentives as part of the Program Guidelines which will be presented to the
Mayor and City Commission for approval prior to July 2012. 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 also review the Program Guidelines prior to their presentation to the City
Commission.
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
second and final reading.
JMG/HF/kc
T:\AGENDA\2012\2-8-12\Ecozone.docx
378
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
379
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.
Citv 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.
380
Sec. 100-23. 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. including. but not limited to. a competitive selection process.
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
381
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.
Strikethro1::1gh denotes deleted lang1::1age.
T:\AGENDA\2012\2-8-12\Ecozone Ordinance (Revised 2-1-2012).doc
382
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
2.-l ... llr
ttorn'!f)~ Date
NE
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, March 21st, 2P12 to consider
the following:
10:40a.m. _
Ordinance Amending Chapter 100 Of The Miami Beach City Code, By Creating Article II Entitled, "Energy Economic Devei'opment 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
Inquiries may be directed to the City Manager's Office at (305) 673_-701 0.
10:45a.m. . .
Short Term Rental Of Apartment Units Or Town homes-Flamingo Park Neighborhood
'Ofdinance 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
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 Drive, 1st Floor, City Hall, and Miami
Beach, Florida 33139. This meeting may be·continued-and under such circumstances additional legal notice would not be ~rovided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to SectiJ)n 286.0105, Fla. Stat., tt'le 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 i~. madl1!,, whiclil
record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City jor tl'ie 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 iii' advance
to initiate your request. TTY users may also call 711 (Florida Relay Service).
Ad 11694
383
THIS PAGE INTENTIONALLY LEFT BLANK
384
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:
SECOND READING PUBLIC HEARING
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 adopt the proposed ordinance on second
reading public hearing.
Adviso Board Recommendation:
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.
City Clerk's Office Legislative Tracking:
Richard Lorber I Mercy Lamazares
MIAMI BEACH 385
AGENDA ITEM ~R..:..:5"-=E __
DATE 3-2/-I 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
DATE: March 21, 2012 COND READING PUBLIC HEARING
SUBJECT: Short Term Rental of Apartment Units or Town homes
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.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed
ordinance in its current, limited form. 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-
1111 (d) within a time period of six months from the effective date of this section (June
386
City Commission Memorandum
Short term rentals
March 21, 2012 Page2
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 10, 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 10, 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
legislation to reference such a case.
387
City Commission Memorandum
Short term rentals
March 21, 2012
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.
CITY COMMISSION ACTION
At the February 8, 2012 meeting, the City Commission approved the proposed
ordinance on first reading and set a second reading public hearing for the March 21,
2012 meeting.
FISCAL IMPACT
In accordance with Charter section 5.02, which requires that the "City of Miami Beach
shall consider the long-term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long-term economic
impact (at least 5 years) of this proposed legislative action, and 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.
388
City Commission Memorandum
Short term rentals
March 21, 2012
CONCLUSION
Page4
The Administration recommends that the City Commission adopt the proposed
ordinance on second reading public hearing. 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.
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.
RL
JMG/JGG/RGL/ML
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389
"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 townhome 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
390
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
391
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
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
392
MAYOR
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
1 Attorney~
I I~, J,?
~
~· MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachR.gov
COMMISSION MEMORANDUM
TO: e City Commission
FROM:
Mayor Matti Herrera Bowzr a
Jose Smith, City Attorne
Gary M. Held, First Asst. i ru;· ·terti.fb
DATE: December 6, 2011
SUBJECT: Legal Opinion -Effect of Amendment on Grandfathered Status of Short
Term Rental Ordinance
Request
The Land Use and Development Committee has requested our opinion as to whether a
proposed amendment to Ordinance 2010-3685, codified as Section 142-1111, City Code,
regulating short term rentals in multifamily buildings, affects that ordinance's grandfathered
status under state law.
Question
Does the adoption of an amendment that expands the filing period for a license to engage in
short term rental, permitted under City Code section 142-1111 affect its grandfather status
under Section 509.032(7) (b), Fla. Stat., which prohibits local ordinances from restricting the
use of vacation rentals based solely on their classification, use or occupancy?
Short Answer
The adoption of the proposed amendment would not affect the grandfathered status of
Ordinance 2010-3685, codified at Section 142-1111, as it does not expand the
grandfathered restriction on the use of properties for short term rental. Consistent with the
statute's intent, it allows additional qualifying properties to engage in short term rental. This
amendment also does not violate this statute.
Background
The owner of property at 751 Meridian Avenue has requested an amendment to City Code
Section 142-1111, "Short Term Rental of Apartment Units orTownhomes," adopted by the
City Commission on June 9, 2010. This ordinance established a timetable to legalize short
term rental, defined as less than six months and one day, in apartment buildings that
satisfied specified criteria of having previously obtai ned state licensing and paid resort taxes
as required by law.
The proposed amendment would enlarge the time periods for the owner to apply for the
permits necessary. to conduct short term rental beyond the deadlines set forth in the
ordinance. Specifically, the ordinance in subsections 142-1111 (c) (1) and (2), required
property owners to apply within three months of the effective date of the ordinance (June 19,
201 0) for all necessary approvals under the Florida Building Code, Florida Fire Prevention
Code, and with all other applicable life safety standards," and within six months to apply for a
certificate of use permitting short term rental.
393
City Commission Memorandum
December 6, 2011
Legal Opinion-Effect of Amendment on Grandfathered Status of Short Term Rental Ordinance
Page2of3
The justification for the amendment is that the owner ofthe property at 751 Meridian Avenue
has established that the State of Florida issued him the wrong license (a non-transient
license, instead of a transient license) for his rental property, and thus he was erroneously
omitted from the list of eligible property owners that received direct notice of the adoption of
the ordinance. He therefore was not on notice of the deadlines to establish eligibility under
the ordinance.
Legal Analysis
In 2011, the Florida Legislature adopted a statute that generally prohibits local government
regulation ofshort term rentals, but grandfathered ordinances existing as of June 1, 2011.
Specifically, the statute provides:
A local law, ordinance, or regulation may not restrict the use of vacation
rentals, prohibit vacation rentals, or regulate vacation rentals based solely on
their classification, use, or occupancy. This paragraph does not apply to any
local law, ordinance, or regulation adopted on or before June 1, 2011.
Section 509.032(7) (b), Florida Statutes.
The proposed amendment to section 142-1111 reads:
Applications under. this Ordinance may be accepted until 60 days after
adoption ofthis subsection (insert date), upon demonstration to the Planning
Director that a government licensing error prevented timely filing of the
application.
In answering the question stated, it is necessary to resort to the rules of statutory
construction, as the legislature did not clearly state its intention with respect to how
amendments to local ordinances grandfathered under this section should be treated.
Murray v. Mariner Health, 994 So. 2d 1051, 1060-61 (Fla. 2008) ("[L]egislative intent is the
polestar that guides a court's inquiry in statutory construction. However, when a statute is
unclear or ambiguous as to its meaning, the Court must resort to traditional rules of statutory
construction in an effort to determine legislative intent.") (citations omitted).
In the instant situation, the Florida legislature intended that local governments not limit
through the adoption of local regulations the right of property owners to engage in "vacation
rentals based solely on their classification, use, or occupancy." The legislature then
expressly excluded from this prohibition local ordinances adopted prior to June 1, 2011.
Thus, it is clear that the legislature authorized local governments to engage in regulation of
short term rentals, to the extent that existed on June 1, 2011.
In New York, the state pre-empted all regulation of labeling and ingredients of household
cleaning products, but exempted local laws in effect as of June, 1971. When a local
government deregulated its local prohibition (exempted under the state law), the court held
that
Since the State law, by virtue of the grandfather clause, permitted the local
law to remain in effect, the county was authorized to amend its local law,
particularly since the amendment brings the local law more into conformity
with the State law, a fact which is not in dispute. The local law, as amended,
394
City Commission Memorandum
December6, 2011
Legal Opinion-Effect of Amendment on Grandfathered Status of Short Term Rental Ordinance
Page3 of3 ·
does not prohibit what the State law permits nor allows what the State law
forbids. Therefore, it is not inconsistent with the State law.
Moreover, by specifically grandfathering the Suffolk County law, the State
Legislature evidenced intent not to occupy the field of regulation of
household cleansing product ingredients insofar as Suffolk County was
concerned. Suffolk County was free to amend its law to be more in
conformity with the State law
Sunshine Chern. Corp. v. Suffolk County, 104 A.D.2d 869, 870-71, 480 N.Y.S.2d 379 (1984)
(citations omitted).
This proposed amendment does not impose any additional restriction, prohibition, or
regulation on vacation rentals, or short term rentals. It also does not "restrict the use of
vacation rentals, prohibit vacation rentals, or regulate vacation rentals based solely on their
classification, use, or occupancy'' as Section 509.032(7) (b), Florida Statutes prohibits. And
it does not add further restrictions to Section 142-1111 that would violate Section 509.032(7)
(b), Florida Statutes.
The proposed amendment enlarges the deadlines for an eligible property owner, as defined
in section 142-1111, to take advantage of the licensing opportunity by obtaining a certificate
of use to engage in short term rental provided by that ordinance. As such, the instant
amendment proposes to amend the ordinance in a manner making it more consistent with
state law. This action is also consistent with and not in opposition to the intention of the
Legislature in adopting section 509.032(7) (b), Fla. Stat.
It is our opinion therefore, that the proposed amendment does not amend section 142-1111
in a way that might affect the grandfather status of Ordinance 2010-3685, "Short Term
Rental Of Apartment Units Or Townhomes-Flamingo Park Neighborhood." Further, that the
amendment does not violate section 509.032(7)(b), Fla. Stat., as it expands rather than
restricts the number of properties that can engage in short term rental under the local
ordinance permitted by state law.
F:\A TTO\HELG\Ordinances\Short Term Rental-Multifamily amend\Opinion re amendmentto short term rental ordinance 12-6-
2011.doc ·
395
MIAMI BEACH
CITY .OF MIAMI BEACH
NOTICE OF PUBLIC HEARIN(lS
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, March 21 51, 2(112 to consider
the following:
10:40a.m. .
Ordinance Amending Chapter 1 00 Of The Miami Beach CH:y Code, By Creating Article II Entitled, "Energy Economic Devei'Opmetit 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 lri The Ordinance
Inquiries may be directed to the City Manager's Office at (305} 673-701 0.
10:45a.m. . .
Short Term Rental Of Apartment Units Or Town homes-Flamingo Park Neighborhood
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
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 ari agent, or to express their views in writing addressed to the
City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are
available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami
Beach, Florida 33139. This meeting may be·continued and under such circumstances additional legal notice would not be ~rovided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Sectipn 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 jar t!\e introduction
or admission of otherwise inadmissible or irrelevant evldence, 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(ITY) five days iii' advance
to initiate your request. TTY users may also call 711 (Florida Relay Service}.
Ad#694
396
COMMISSION ITEM SUMMARY
Condensed Title:
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, An Effective Date, And A Sunset Date.
Ke Intended Outcome Su orted:
Supporting Data (Surveys, Environmental Scan, etc.}:
Issue:
Shall the Mayor and City Commission increase the Disability Access Committee (DAC)
membershi 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 proposed 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 (14) and bring it back to City Commission for
approval.
A first reading of the ordinance was scheduled at the February 8, 2012 Commission Meeting;
however, the Mayor and City Commission deferred the item to the next meeting on March 21, 2012,
with a request 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 for a period of two years, at which time the amendment set forth in this
Ordinance shall sunset.
Advisory Board Recommendation:
I None
Financial Information:
Source of Amount
Funds: 1
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Department Director Assistant City Ma
FHB DRB
T:\AGENDA\2012\3-21-1
MIAMI BEACH 397
Account Approved
AGENDA ITEM R s-F
DATE 3-2/-/L
(9 MIAMI BEJ1~ H
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 ity Commission
From: Jorge M. Gonzalez, City Manager
Date: March 21, 2012
Subject: 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, AN
EFFECTIVE DATE, AND A SUNSET DATE.
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
proposed 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 (14) and bring it back to
City Commission for approval.
A first reading of the ordinance was scheduled at the February 8, 2012 Commission
Meeting; however, the Mayor and City Commission deferred the item to the next meeting
on March 21, 2012 with a request 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 for a period
of two years, at which time the amendments set forth in this Ordinance shall sunset.
398
Disability Access Committee Commission Memo
March 21, 2012
Page 2 of2
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.
ADMINISTRATION RECOMMENDATION
The Administration requests that the Commission carefully consider this request and
balance the desire to increase the membership of the Disability Access Committee to
provide a better representation versus the potential quorum problems that a fourteen
(14) member board may experience.
DRB/FHB/DK
T:\AGENDA\2012\3-21-12\Disability Access Committee memo
399
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, AN EFFECTIVE DATE, AND A SUNSET
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 for a period of
two years, at which time the amendments set forth in this Ordinance shall sunset.
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
* * *
400
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 selJeR. fourteen
voting members,;_who shall be direct appointees by the mayor and each city
commissioner& 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.
2
401
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 AND SUNSET PROVISION.
Passed and adopted this __ day of ______ , 2012.
This Ordinance shall take effect the day of , 2012; and the
amendments set forth herein shall sunset two years thereafter on the __ day of
_______ , 2014.
ATTEST:
MAYOR MATTI HERRERA BOWER
ROBERT PARCHER, CITY CLERK
Underline denotes additions.
F:\A TTO\TURN\ORDINANC\Disability Access Committee -Amended 2012.docx
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402
COMMISSION ITEM SUMMARY
Condensed Title:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE
FOLLOWING CHAPTERS IN THE CODE OF THE CITY OF MIAMI BEACH TO PROVIDE CIVIL ENFORCEMENT AND PENALTY
PROVISIONS TO REPLACE CRIMINAL MISDEMEANOR ENFORCEMENT AND PENALTY PROVISIONS AS FOLLOWS: AMENDING
CHAPTER 70 ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING
SECTION 70-6, ENTITLED "PENAL TIES," TO PROVIDE CIVIL PENAL TIES AND SPECIAL MASTER ENFORCEMENT PROVISIONS
RELATIVE TO THE PROHIBITIONS IN CHAPTER 70, EXCEPT FOR VIOLATIONS OF SECTION 70-3 ENTITLED "VIBRATION"; BY
AMENDING CHAPTER 74 OF THE MIAMI BEACH CITY CODE ENTITLED "PEDDLERS AND SOLICITORS," BY AMENDING ARTICLE
I, ENTITLED "IN GENERAL," BY AMENDING SECTION 74-1 ENTITLED "SOLICITING BUSINESS IN PUBLIC FROM PEDESTRIANS,"
BY PROVIDING THAT THE SOLICITATION OF ANY FOOD, BEVERAGE OR SERVICE IS ALSO A PROHIBITED ACTIVITY AND
PROVIDING CIVIL PENAL TIES AND SPECIAL MASTER ENFORCEMENT PROVISIONS; BY AMENDING CHAPTER 82 OF THE
MIAMI BEACH CITY CODE ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY
AMENDING SECTION 82-1, ENTITLED "CONDUCTING BUSINESS ON STREETS, PARKS OR OTHER PUBLIC PROPERTY," BY
PROVIDING CIVIL PENAL TIES AND SPECIAL MASTER ENFORCEMENT PROVISIONS; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
Key Intended Outcome Su~~orted:
Ensure compliance with code within reasonable time frame; Improve Cleanliness of Miami Beach rights of way especially in business areas
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction Survey, 73% of residents and 66%
of businesses rated cleanliness of streets in business/commercial areas as excellent or good. Additionally, 83% of the City's residents and
85% of the City's businesses rated the overall appearance of beaches as excellent or Qood.
Issue: I Should the City Commission adopt the proposed ordinance?
Item Summa /Recommendation:
FIRST READING
Currently, section 70-4 of the City Code of Ordinances prohibits peddling within the City, and section 70-5 prohibits selling food from open-
air stands. Oftentimes, this is seen in the form of people selling water from coolers, COs or T-shirts on the street during high impact
periods. Violations include a fine not to exceed $500.00, imprisonment in the county jail for not more than 30 days, or both for first-time
convictions. Second-time convictions include a fine not to exceed $1 ,000.00, imprisonment in the county jail for not more than 12 months,
or both. The Police Department is currently responsible for enforcement of this section of the Code. Section 74-1 of the City Code of
Ordinances prohibits anyone from soliciting pedestrians to purchase goods while on any public street or sidewalk, or while in any building,
doorway, stairway, window or other opening abutting or adjacent to a street or sidewalk. Violations are subject to the Special Master
process delineated in Chapter 30 of the City Code. Section 82-1 prohibits selling or offering for sale any goods or services, other than
newspapers of general circulation. The Code Compliance division is responsible for enforcing this provision, and fines are established by
the Special Master. By decriminalizing the violations of Sections 70-4, 70-5 and 74-1, and assigning enforcement responsibility to the Code
Compliance division, enforcement can be more effective, as Code Compliance Officers are more readily available to address these types of
violations, particularly during Major Event Periods where Police Officers may be involved in other life-safety issues and/or addressing more
serious criminal activities.
The Administration is also proposing to establish a set fine schedule for the violation of all four (4) of the above-outlined provisions. The
proposed fine schedule is as follows: $50 for the 1st Offense; $100 for the 2"d Offense; and $250 for the 3rd and subsequent violations. The
establishment of a set fine schedule will also reduce the number of cases that appear before the Special Master, reducing their already
overwhelming caseload. Violators will still have the right to appeal their case before the Special Master, subject to the provisions already in
the Cit Code. The Administration recommends that the Cit Commission ado t the ro osed Ordinance.
Advisory Board Recommendation:
At a joint meeting of the Neighborhood/Community Affairs and Finance and Citywide Projects Committees on January 19, 2012, the
Committees directed the Administration to move forward with amendments to the City Code regarding any enforcement limitations currently
in place regarding solicitation and illegal vending.
Financial Information:
Source of Funds: Amount Account
1
I I 2
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Si n-Offs:
Department Director
MIAMI BEACH 403
lD MIAMI BEACH -
OFFICE OF THE CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager ~ 1)..1'-~
March 21, 2012 u FIRST READING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE FOLLOWING CHAPTERS IN THE
CODE OF THE CITY OF MIAMI BEACH TO PROVIDE CIVIL ENFORCEMENT
AND PENALTY PROVISIONS TO REPLACE CRIMINAL MISDEMEANOR
ENFORCEMENT AND PENALTY PROVISIONS AS FOLLOWS: AMENDING
CHAPTER 70 ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING
ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 70-6,
ENTITLED "PENAL TIES," TO PROVIDE CIVIL PENAL TIES AND SPECIAL
MASTER ENFORCEMENT PROVISIONS RELATIVE TO THE PROHIBITIONS
IN CHAPTER 70, EXCEPT FOR VIOLATIONS OF SECTION 70-3 ENTITLED
"VIBRATION"; BY AMENDING CHAPTER 74 OF THE MIAMI BEACH CITY
CODE ENTITLED "PEDDLERS AND SOLICITORS," BY AMENDING ARTICLE
I, ENTITLED "IN GENERAL," BY AMENDING SECTION 74-1 ENTITLED
"SOLICITING BUSINESS IN PUBLIC FROM PEDESTRIANS," BY PROVIDING
THAT THE SOLICITATION OF ANY FOOD, BEVERAGE OR SERVICE IS
ALSO A PROHIBITED ACTIVITY AND PROVIDING CIVIL PENAL TIES AND
SPECIAL MASTER ENFORCEMENT PROVISIONS; BY AMENDING
CHAPTER 82 OF THE MIAMI BEACH CITY CODE ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY
AMENDING SECTION 82-1, ENTITLED "CONDUCTING BUSINESS ON
STREETS, PARKS OR OTHER PUBLIC PROPERTY," BY PROVIDING CIVIL
PENAL TIES AND SPECIAL MASTER ENFORCEMENT PROVISIONS;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends the City Commission adopt the proposed Ordinance.
ANALYSIS
Following the 2011 Memorial Day Weekend (MOW) holiday weekend, there were several
meetings in the community regarding the events of the weekend, and concerns with issues
relating to traffic, public safety, litter, etc. Many recommendations were made. The "debrief' of
the MOW Major Events Plan (MEP) by staff also resulted in the compiling of issues observed,
and potential actions to address them in the future. On September 1, 2011, a joint meeting of
the Neighborhood/Community Affairs Committee and the Finance and Citywide Projects
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
404
City Commission Memorandum
March 21, 2012
Peddling, Solicitation and Conducting Business on City Property
Page 2of3
Committee was held to discuss planning approaches to address concerns experienced during
MOW in 2011. A matrix that provided a summary of the nature of the issues and potential
solutions that had been identified by the community and staff was distributed at that meeting.
Also in the Fall of 2011, staff began preparing and planning for MOW in 2012. As part of that
preparation, staff identified other actions, not included in previous discussions or the September
2011 matrix, which may address issues and concerns that had been raised. One of those
actions was to amend the current ordinances regarding solicitation and illegal vending to
address any enforcement limitations.
At a joint meeting of the Neighborhood/Community Affairs and Finance and Citywide Projects
Committees held on January 19, 2012, the Administration presented the idea of amending the
solicitation and illegal vending ordinances. Direction was provided by the Committees for the
Administration to move forward with amendments to the City Code regarding any enforcement
limitations currently in place regarding solicitation and illegal vending.
Current Code Provisions
Currently, section 70-4 of the City Code of Ordinances prohibits peddling within the City.
Additionally, section 70-5 prohibits the sale of food from open-air stands. Oftentimes, this is
seen in the form of people selling water from coolers, COs or T-shirts on the street during high
impact periods. Violations currently include a fine not to exceed $500.00, imprisonment in the
county jail for not more than 30 days, or both for first-time convictions. Second-time convictions
include a fine not to exceed $1 ,000.00, imprisonment in the county jail for not more than 12
months, or both. The Police Department is currently responsible for enforcement of this section
of the Code.
Section 74-1 of the City Code of Ordinances prohibits anyone from soliciting pedestrians to
purchase goods while on any public street or sidewalk, or while in any building, doorway,
stairway, window or other opening abutting or adjacent to a street or sidewalk. Violations
currently include a fine not to exceed $500.00, imprisonment for not more than 60 days, or both.
The Police Department is currently responsible for enforcement of this section of the Code.
Lastly, section 82-1 prohibits selling or offering for sale any goods or services, other than
newspapers of general circulation. The Code Compliance division is responsible for enforcing
this provision, and fines are established by the Special Master.
Proposed Revisions
The Administration believes that by decriminalizing the violations of Sections 70-4, 70-5 and 74-
1, and assigning enforcement responsibility to the Code Compliance division, enforcement can
be more effective, as Code Compliance Officers are more readily available to address these
types of violations, particularly during major event periods where Police Officers may be
involved in other life-safety issues and/or addressing more serious criminal activities.
The Administration is also proposing to establish a set fine schedule for the violation of all four
(4) of the above-outlined provisions (sections 70-4, 70-5, 74-1 and 82-1). Since the violation
has already occurred at the time of issuing a Notice of Violation (NOV), and often compliance is
not achieved, these kinds of violations would be more appropriately addressed through a set
405
City Commission Memorandum
March 21, 2012
Peddling, Solicitation and Conducting Business on City Property
Page 3of3
fine schedule as opposed to the subjectivity of the Special Master process.
The proposed fine schedule for violations of all four (4) sections is as follows:
• $50 for the 1st Offense;
• $100 for the 2nd Offense; and
• $250 for the 3rd and subsequent violations.
A violator can elect to pay the fine as outlined in the above schedule, or request an
administrative hearing before the Special Master to appeal the decision of the Code Compliance
Officer which resulted in the violation being issued. This will ensure that the violator is still
afforded due process.
In addition to establishing consistent fines for violations, a set fine schedule will also reduce the
number of cases that appear before the Special Master, reducing their already overwhelming
caseload. By eliminating a number of cases, it will also expedite the scheduling and holding of
hearings for persons receiving notices of violation for other City Code sections, thereby reducing
the turnaround time from violation to adjudication, and ultimately compliance.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed Ordinance.
T:\AGENDA\2012\3-21-12\SOLICITATION PEDDLING CONDUCTING BUSINESS FROM ROW-MEMO.doc
406
ORDINANCE NO.------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FOLLOWING
CHAPTERS IN THE CODE OF THE CITY OF MIAMI BEACH TO
PROVIDE CIVIL ENFORCEMENT AND PENALTY PROVISIONS TO
REPLACE CRIMINAL MISDEMEANOR ENFORCEMENT AND
PENALTY PROVISIONS AS FOLLOWS: AMENDING CHAPTER 70
ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING
ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 70-6,
ENTITLED "PENAL TIES," TO PROVIDE CIVIL PENAL TIES AND
SPECIAL MASTER ENFORCEMENT PROVISIONS RELATIVE TO THE
PROHIBITIONS IN CHAPTER 70, EXCEPT FOR VIOLATIONS OF
SECTION 70-3 ENTITLED "VIBRATION"; BY AMENDING CHAPTER
74 OF THE MIAMI BEACH CITY CODE ENTITLED "PEDDLERS AND
SOLICITORS," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL,"
BY AMENDING SECTION 74-1 ENTITLED "SOLICITING BUSINESS IN
PUBLIC FROM PEDESTRIANS," BY PROVIDING THAT THE
SOLICITATION OF ANY FOOD, BEVERAGE OR SERVICE IS ALSO A
PROHIBITED ACTIVITY AND PROVIDING CIVIL PENAL TIES AND
SPECIAL MASTER ENFORCEMENT PROVISIONS; BY AMENDING
CHAPTER 82 OF THE MIAMI BEACH CITY CODE ENTITLED
"PUBLIC PROPERTY," BY AMENDING ARTICLE I, ENTITLED "IN
GENERAL," BY AMENDING SECTION 82-1, ENTITLED
"CONDUCTING BUSINESS ON STREETS, PARKS OR OTHER
PUBLIC PROPERTY," BY PROVIDING CIVIL PENAL TIES AND
SPECIAL MASTER ENFORCEMENT PROVISIONS; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE
DATE.
WHEREAS, currently, the provisions in Chapters 70, 74, and 82 of the Code of the City
of Miami Beach concerning peddling, soliciting, and conducting unauthorized businesses on
public property are misdemeanor offenses enforced by the City's police department; and
WHEREAS, it is deemed in the best interest of the City that the aforementioned offenses
be decriminalized and enforced by the City's Code Compliance Division and pursuant to the
City's Special Master procedures.
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 70-4 of Article I of Chapter 70, entitled "Miscellaneous Offenses," of the Miami
Beach City Code is hereby amended as set forth below.
407
CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE I. In General
* * *
Sec. 70 -4. Peddling prohibited.
It shall be unlawful for any person to engage in the business of peddling within the city
except in those areas designated and approved by the city manager. The term "peddling" or
"peddler'' shall be defined as any person, whether a resident of the city or not, traveling by foot,
wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to
house, or from street to street, carrying, conveying or transporting goods, wares, merchandise,
meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing
the same for sale, or making sales and delivering articles to purchasers, or who, without
traveling from place to place, shall sell or offer the same for sale from a wagon, automotive
vehicle, railroad car, or other vehicle or conveyance, and one who solicits orders and as a
separate transaction makes deliveries to purchasers as a part of a scheme or design to evade
the provisions of this section. The word "peddler'' shall include the words "hawker" and
"huckster."
Sec. 70-5. Selling food from open-air stands prohibited.
The sale, keeping storage or the offering for sale of any food from open-air stands in the
city is prohibited. Such sale, keeping, storage, or the offering for sale of any food from open-air
stands in the city shall be made only within the confines of an enclosed building except in those
areas as designated and approved by the city manager.
Sec. 70 • 6. Enforcement; pP.enaltyies; appeals; unpaid fines to constitute liens.
(a) Unless otherwise provided herein, every person convicted of a violation of this chapter
shall be punished by a fine not to exceed $500.00 or imprisonment in the county jail for
not more than 30 days, or by both such fine and imprisonment; for a second conviction
of a violation of this chapter such person shall be punished by a fine not to exceed
$1,000.00 or imprisonment in the county jail not more than 12 months, or by both such
fine and imprisonment.
fill(~ The provisions of section 70-3 shall be enforced by enforcement procedures before a
special master, appointed as set forth in chapter 30 of this Code, and penalties for violations of
those sections shall be as set forth therein.
(b){c) Except as provided in subsection (b) of this section, eEnforcement of sections. 70 -4.
and 70 -5 of this chapter providing for civil penalties shall be in accordance with the
following procedures:
(1) If a code compliance officer finds a violation of this chapter, the compliance
officer shall issue a notice of violation to the violator as provided in chapter 30.
2
408
The notice shall inform the violator of the nature of the violation, amount of fine
for which the violator may be liable, instructions and due date for paying the fine,
notice that the violation may be appealed by requesting an administrative hearing
within 20 days after service of the notice of violation, and that failure to do so
shall constitute an admission of the violation and waiver of the right to a hearing.
(2) 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 as follows:
(i) First offense .... $ 50.00;
(ii) Second offense ... $100.00;
(iii) Third and subsequent offenses ... $250.00;or
b. Request an administrative hearing within 20 days before a special master
appointed as provided in article II of chapter 30 to appeal the decision of the
code compliance officer which resulted in the issuance of the notice of violation.
(3) If the named violator. after notice, fails to pay the civil fine or fails to timely
request an administrative hearing before a special master, the special master
shall be informed of such failure by report from the code compliance officer.
Failure of the named violator to appeal the decision of the code compliance
officer within the prescribed time period shall constitute a waiver of the violator's
right to an administrative hearing before the special master. A waiver of the right
to an administrative hearing shall be treated as an admission of the violation and
penalties may be assessed accordingly.
(4) Any party aggrieved by the decision of the special master may appeal the
decision in accordance with law.
(5) The city may institute proceedings in a court of competent jurisdiction to compel
payment of civil fines.
(6) A certified copy of an order imposing a civil fine may be recorded in the public
records and thereafter shall constitute a lien upon any other 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 lew against the personal
property, but shall not be deemed to be a court judgment except for enforcement
purposes. After two months from the filing of any such lien which remains unpaid.
the city may foreclose or otherwise execute upon the lien.
i£1«:11 The procedures for appeal of the notice of violation by administrative hearing shall be as
set forth in sections 102-384 and 102-385.
SECTION 2.
That Section 7 4-1 of Article I of Chapter 7 4 of the Code of the City of Miami Beach is hereby
amended as follows:
3
409
CHAPTER 74
PEDDLERS AND SOLICITIORS
ARTICLE I. In General
Sec. 74-1. Soliciting business in public from pedestrians .
.§} Prohibitions. It shall be unlawful for any person, while upon any public street or sidewalk
or while in any building, doorway, stairway, window or other opening abutting on or
adjacent to such street or sidewalk, to accost or attempt to accost any pedestrian on
such street or sidewalk for the purpose of soliciting him to purchase any property, real or
personal, or any food, beverage. or service, or to solicit him to enter any place of
business for the purpose of selling to or inducing or attempting to induce such pedestrian
to purchase any property, real or personal. or any food. beverage. or service.
Q}. Enforcement; penalties; appeals; unpaid fines to constitute liens.
Enforcement of this section shall be in accordance with the following procedures:
ill If a code compliance officer finds a violation of this chapter. the compliance
officer shall issue a notice of violation to the violator as provided in chapter 30.
The notice shall inform the violator of the nature of the violation. amount of fine
for which the violator may be liable. instructions and due date for paying the fine.
notice that the violation may be appealed by requesting an administrative hearing
within 20 days after service of the notice of violation. and that failure to do so
shall constitute an admission of the violation and waiver of the right to a hearing .
.(6} A violator who has been served with a notice of violation shall elect either to:
§. Pay the civil fine as follows:
(i) First offense .... $ 50.00;
(ii) Second offense ... $100.00;
(iii) Third and subsequent offenses ... $250.00; or
Q.. Request an administrative hearing within 20 days before a special master
appointed as provided in article II of chapter 30 to appeal the decision of the
code compliance officer which resulted in the issuance of the notice of violation.
(3) If the named violator. after notice. fails to pay the civil fine or fails to timely
request an administrative hearing before a special master. the special master
shall be informed of such failure by report from the code compliance officer.
Failure of the named violator to appeal the decision of the code compliance
officer within the prescribed time period shall constitute a waiver of the violators
right to administrative hearing before the special master. A waiver of the right to
an administrative hearing shall be treated as an admission of the violation and
penalties may be assessed accordingly.
4
410
(4) Any party aggrieved by the decision of the special master may appeal the
decision in accordance with law.
(5) The city may institute proceedings in a court of competent jurisdiction to compel
payment of civil fines.
(6) A certified copy of an order imposing a civil fine may be recorded in the public
records and thereafter shall constitute a lien upon any other 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 lew against the personal
property, but shall not be deemed to be a court judgment except for enforcement
purposes. After two months from the filing of any such lien which remains unpaid,
the city may foreclose or otherwise execute upon the lien.
(c) The procedures for appeal of the notice of violation by administrative hearing shall be as
set forth in sections 1 02-384 and 1 02-385.
SECTION 3.
That Section 82-1 of Article I of Chapter 82 of the Code of the City of Miami Beach is hereby
amended as follows:
CHAPTER82
PUBLIC PROPERTY
ARTICLE I. In General
Sec. 82-1. Conducting business on streets, parks or other public property; enforcement;
penalties; unpaid fines to constitute liens.
(a) Prohibitions. It shall be unlawful for any person, while in or on any public street, avenue
or alley, or any park, beach, structure, building or other property or place owned,
maintained or operated by the city for public use, to sell, rent or offer for sale or rent to
the public any article, commodity or service of any nature whatsoever, other than
newspapers of general circulation duly entered in the United States Postal Service.
(b) Exemptions. This section shall not apply to ,;_ill employees of the city acting for and on
behalf of the city, or to persons specifically authorized to render service to the public in
any place above described, by the city manager.....QLQ.}
(c) This section shall not apply to persons participating in any art show or exhibit held on all
city properties under the specific authorization of the city commission and who are
exhibiting paintings or objects of art produced or created by such persons.
£} Enforcement; penalties; appeals; unpaid fines to constitute liens.
Enforcement of this section shall be in accordance with the following procedures:
5
411
(1) If a code compliance officer finds a violation of this chapter, the compliance
officer shall issue a notice of violation to the violator as provided in chapter 30.
The notice shall inform the violator of the nature of the violation, amount of fine
for which the violator may be liable, instructions and due date for paying the fine.
notice that the violation may be appealed by requesting an administrative hearing
within 20 days after service of the notice of violation, and that failure to do so
shall constitute an admission of the violation and waiver of the right to a hearing.
(2) A violator who has been served with a notice of violation shall elect either to:
a. Pay the civil fine as follows:
(i) First offense .... $ 50.00;
(ii) Second offense ... $100.00
(iii) Third and subsequent offenses ... $250.00; or
b. Request an administrative hearing within 20 days before a special master
appointed as provided in article II of chapter 30 to appeal the decision of the
code compliance officer which resulted in the issuance of the notice of violation.
(3) If the named violator, after notice, fails to pay the civil fine or fails to timely
request an administrative hearing before a special master, the special master
shall be informed of such failure by report from the code compliance officer.
Failure of the named violator to appeal the decision of the code compliance
officer within the prescribed time period shall constitute a waiver of the violators
right to administrative hearing before the special master. A waiver of the right to
an administrative hearing shall be treated as an admission of the violation and
penalties may be assessed accordingly.
(4) Any party aggrieved by the decision of the special master may appeal the
decision in accordance with law.
(5) The city may institute proceedings in a court of competent jurisdiction to compel
payment of civil fines.
(6) A certified copy of an order imposing a civil fine may be recorded in the public
records and thereafter shall constitute a lien upon any other 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 lew against the personal
property, but shall not be deemed to be a court judgment except for enforcement
purposes. After two months from the filing of any such lien which remains unpaid,
the city may foreclose or otherwise execute upon the lien.
(c) The procedures for appeal of the notice of violation by administrative hearing shall be as
set forth in sections 1 02-384 and 1 02-385.
SECTION 3. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
6
412
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 _______ , 2012.
PASSED and ADOPTED this day of ________ , 2012.
ATIEST:
Robert Parcher, City Clerk
Matti Herrera Bower
Mayor
Underline denotes additions and strike through denotes deletions
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~~~-~3fl2. torney ·ur-D te
--..;,;_L_L..-...,-
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414
COMMISSION ITEM SUMMARY
Condensed Title:
Chapter 138, Entitled "Signs", By Amending Article IV, Entitled "Temporary Signs", By Creating A New
Section 138-140, Entitled "Vacant Storefront Screens And Signs" to permit the screening of the interior
of vacant storefronts on a temporary basis.
Key Intended Outcome Supported:
. Maintain Strong Development Management Policies
Supporting Data (Surveys, Environmental Scan, etc.):
48% of residents rate the effort to regulate development in the City as about the right amount.
Issue:
Should the City Commission amend the City Code to allow for temporary storefront screening and
temporary real estate and construction signs incorporated into the screening material as
supergraphics?
Item Summary/Recommendation:
FIRST READING
The proposed ordinance is designed to permit vacant storefronts to be wrapped with attractive signage
while not contravening the City's long-standing prohibition on general advertising. The Ordinance
would permit full storefront window wraps on vacant ground floor commercial spaces, but would not
mandate window wraps for vacant storefronts. This would be a voluntary program, and would take the
form of either the City's pre-printed free of charge window wrap signage, or other non-commercial
graphic window wraps, to be reviewed and approved by Design Review staff for aesthetics and
appropriateness. Leasing information or "coming soon" messages could be incorporated into the
window wrap signage, the text of which could equal 25% of the total window area.
At the October 26, 2011 LUDC meeting, the Committee discussed this issue again and by a vote of
2-0 requested to forward to the Planning Board for its review and recommendation. The Committee
also requested that the Planning Board should also comment on whether the proposed ordinance
should allow such storefront window wraps without City review.
The Administration recommends that the City Commission approve the proposed ordinance on first
reading and set a second reading public hearing for the April 11, 2012 City Commission meeting ..
Advisory Board Recommendation:
At its January 24, 2012 meeting, the Planning Board reviewed the proposed ordinance and by a vote
of 5-0 (2 members absent) recommended that the City Commission approve the ordinance including
staff review and approval. The Board also suggested that the City vigorously promote the program
and work with local area associations.
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 enacting the proposed ordinance.
City Clerk's Office Legislative Tracking:
Richard Lorber I Mercy Lamazares
MIAMIBEAC 415
AGENDA ITEM ----'~-'---5-:-H...:...-_
DATE 3-J.I-1 7-
C9 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(/\~
March 21, 2012 u u FIRST READING
VACANT STOREFRONT SCREENS AND SIGNS
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 138, ENTITLED "SIGNS",
BY AMENDING ARTICLE IV, ENTITLED "TEMPORARY SIGNS", BY
CREATING A NEW SECTION 138-140, ENTITLED "VACANT
STOREFRONT SCREENS AND SIGNS," PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE
DATE
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the proposed
ordinance on first reading and set a second reading public hearing for the April 11, 2012
City Commission meeting.
BACKGROUND
December 9. 2009: At the request of Commissioner Jerry Libbin a discussion to establish
limited permit process allowing temporary signs on windows of vacant storefronts to
generate city revenue, reduce blight, and provide economic relief to commercial property
owners was referred to the Finance And Citywide Projects Committee by the City
Commission.
August 25. 2010: The Finance and Citywide Projects Committee asked the Administration
to further explore in-window storefront advertising and referred the item to the Land Use and
Development Committee (LUDC).
November 22. 2010: The City Attorney's Office expressed their continued legal concerns
with the proposal as it relates to the City's prohibition on general advertising, and the LUDC
directed staff to bring back an ordinance which would permit "non-commercial" window
wraps, in order to satisfy legal concerns, together with a proposed program of
implementation for these non-commercial signs.
January 31, 2011: The LUDC directed staff to drop the proposal for commercial advertising,
and work exclusively on crafting a more refined "non-commercial" window wrap ordinance.
However, the Committee expressed their desire to eliminate any mandatory regulation
requiring window wraps for vacant storefronts, and indicated a willingness to see the text of
416
City Commission Memorandum
Vacant Storefront screens and signs
March 21, 2012 Page2
specific real estate and construction sign language be expanded greater than the 10%
contained in the original proposal.
October 26. 2011: The LUDC by a 2-0 voted to forward to Planning Board two versions of
the proposed ordinance, one as prepared and presented, requiring Planning Department
staff review of proposed storefront window wraps, and a second version which would
allow such storefront window wraps without City review. This was ratified at the
December 14, 2011 City Commission meeting.
ANALYSIS
Attached is the final version designed to permit vacant storefronts to be wrapped with
attractive graphics while not contravening the City's long-standing prohibition on general
advertising. The Ordinance would permit full storefront window wraps on vacant ground
floor commercial spaces. Leasing information or "coming soon" messages could be
incorporated into the window wrap signage, which are currently allowed under both the
real estate and construction sign regulations for temporary signs. The text of the subject
window wraps could equal 25% of the total window area, which is an increase from the
current limitation of 10%. This ordinance was drafted in consultation with the City
Attorney's Office's outside counsel, and appears to pass muster with respect to the legal
issues involved with general advertising. The proposal would not mandate window wraps
for vacant storefronts. This would be a voluntary program, and would take the form of
either the City's pre-printed free of charge window wrap signage, or other non-
commercial graphic window wraps, to be reviewed and approved by Design Review staff
for aesthetics and appropriateness.
PLANNING BOARD
At its January 24, 2012 meeting, the Planning Board reviewed the proposed ordinance
and by a vote of 5-0 (2 members absent) recommended that the City Commission
approve the ordinance. As requested by the Land Use and Development Committee,
the Planning Board was presented with two versions of the proposal, and asked to
comment on whether the proposed ordinance should allow such storefront window
wraps without City review. The Planning Board unanimously recommended that the
ordinance require staff review and approval. The Board also suggested that the City
vigorously promote the program and work with local area associations.
FISCAL IMPACT
In accordance with Charter section 5.02, which requires that the "City of Miami Beach
shall consider the long-term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long-term economic
impact (at least 5 years) of this proposed legislative action, and determined that there
may not be a measurable impact on the City's budget by enacting the proposed
ordinance.
417
City Commission Memorandum
Vacant Storefront screens and signs
March 21, 2012
CONCLUSION
Page3
The Administration recommends that the City Commission approve the proposed
ordinance on first reading and set a second reading public hearing for the April 11, 2012
City Commission meeting.
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
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418
VACANT STOREFRONT SCREENS AND SIGNS
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 138, ENTITLED "SIGNS", BY AMENDING ARTICLE
IV, ENTITLED "TEMPORARY SIGNS", BY CREATING A NEW SECTION 138-
140, ENTITLED "VACANT STOREFRONT SCREENS AND SIGNS,"
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach is concerned about the adverse effects of vacant
storefronts, often displaying deteriorated or deconstructed interior space, on the economic
viability of its commercial corridors, and on the high quality of the architecture and aesthetic
character of the City's commercial zoning districts; and
WHEREAS, the City of Miami Beach City Commission finds it is necessary to allow
owners and lessees of vacant storefronts to cover these storefronts to obscure the deteriorated
or deconstructed interior; and
WHEREAS, the material or temporary signage used must be appropriate to the City's
pedestrian environment, have a uniform appearance, and be subject to time, place and manner
restrictions to advance the substantial aesthetic interests of the City, as well as protect against
adverse impacts to traffic and pedestrian safety; and
WHEREAS, the City of Miami Beach City Commission finds that enactment of this
Ordinance is necessary to accomplish the foregoing objectives; and
WHEREAS, the City of Miami Beach City Commission finds that this change to its land
development regulations is consistent with its comprehensive plan.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 138, "Signs", Article IV, "Temporary Signs", Section 138-140, Entitled
"Vacant Storefront Covers And Signs," of the Land Development Regulations of the Code of the
City of Miami Beach, Florida is hereby created as follows:
Sec. 138-140. Vacant Storefront Covers And Signs.
(a) Purpose. Vacant storefronts create blighted economic and social conditions contrary to
the viable and healthy economic, aesthetic and social fabric that the City has cultivated
and encouraged in its commercial zoning districts. The purpose of this section is to
encourage and regulate the screening of the interior of vacant storefronts with
aesthetically compatible and attractive material. to obscure the deteriorated or
deconstructed conditions of vacant storefronts. and to allow temporary signs to be
included on this material.
419
(b) Definition. For purposes of this section. a vacant storefront is any ground floor business
establishment that is unoccupied.
(c) APPlicability. The requirements of this section apply only to the ground floor windows
and doors of vacant storefronts that face a public right-of-way.
(d) Storefront Window Cover Permitted for Vacant Storefronts. Windows and doors may be
completely screened with an opaque material obscuring the interior. The materials used
to satisfy this requirement shall be subject to review and approval by the Planning
Department design review staff. in accordance with applicable design review and historic
preservation criteria. and shall consist of 60-pound weight paper. or similar opaque
material. Windows covered in accordance with this section may remain covered until
issuance of a certificate of use or occupancy for the new occupant. whichever occurs
first.
(e) Temporarv Sians Permitted. Material applied to windows in conformity with this section
shall not contain general advertising signs or other prohibited sign types. Such material
may contain signs that comply with the regulations of this Chapter. as follows:
i. artistic or super-graphics in accordance with Section 138-204, which may cover
1 00% of the window: and
ii. other types of signage allowed by this Chapter. including real estate signs in
accordance with Section 138-136, and construction signs in accordance with
138-133: signage under this provision may be incorporated into artistic or super-
graphics as referenced in (i) above. however text of such signage shall be limited
to no more than 25% of the total window area of the vacant storefront.
The design and material of all proposed signs under this section shall require review by
the Planning Department design review staff. in accordance with applicable design
review and historic preservation criteria.
(f) City-provided Storefront Cover. The City may also produce and provide pre-approved
storefront covers. with or without charge, to encourage the coverage of vacant
storefronts. Covers provided by the City shall also satisfy the requirements of this
section.
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.
4~0
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, LEED AP
Acting Planning Director
Underscore denotes new language
MAYOR
T:\AGENDA\2012\3-21-12\vacant storefront screens and signs ord.docx
4~1
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Date
THIS PAGE INTENTIONALLY LEFT BLANK
422
COMMISSION ITEM SUMMARY
Condensed Title:
Ordinance Amending Chapter 142 Of The City Code, "Zoning Districts And Regulations," Article II,
"District Regulations," Division 2, RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts, By
Amending The Height Regulation Exceptions To Permit Small Roof Wind Turbines Up To 10 Feet
Above The Main Roofline; Amending Section 142-1161," To Permit Roof Wind Turbines Subject To
Certain Restrictions And Conditions
Key Intended Outcome Supported:
. Maintain Strong Development Management Policies
Supporting Data (Surveys, Environmental Scan, etc.):
48% of residents rate the effort to regulate development in the City as about the right amount.
Issue:
Should the City Commission amend the City Code to permit rooftop wind turbines to be used in single
famil districts, as well as other zonin districts?
Item Summary/Recommendation:
FIRST READING
Currently Section 142-105(e) of the Land Development Regulations does not specifically address wind
turbines, and as such, they have been categorized as "mechanical equipment" and limited to five feet
above the main roofline. Mechanical equipment also requires screening. In order for a small wind
turbine to function properly, there needs to be some amount of clearance above the roof, especially if
there is the standard 3'6" foot parapet surrounding a flat roof. Amending the code to specify rooftop
wind turbines as an allowable height exception for single family homes, up to 1 0 feet above the main
roofline, would permit these turbines to be installed by homeowners. This height should not have a
negative effect on surrounding residential properties as long as the proper setback requirements are
respected.
With regard to multifamily and commercial buildings, the Code already permits similar rooftop
accessory structures such as radio and cellular telephone antennas, water towers, and mechanical
equipment. These may be up to 25 feet above the main roofline (with design review approval).
Adding rooftop wind turbines to this list of uses would also help clarify that these are permitted, and
may encourage their use for supplementary power generation.
The Administration recommends that the City Commission approve the proposed ordinance on first
reading and set a second reading public hearing for the April 11, 2012 City Commission meeting ..
Adviso Board Recommendation:
At its January 24, 2012 meeting, the Planning Board reviewed the proposed ordinance and by a vote
of 4-0 3 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 not be a measurable impact on the City's
budget by enacting the proposed ordinance.
City Clerk's Office Legislative Tracking:
Richard Lorber I Mercy Lamazares
Si
MIAMI BEACH 423 DATE 3-21-12..
~ 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: March 21, 2012 FIRST READING
SUBJECT: ROOFTOP SMALL WIND TURBINE
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 II, "DISTRICT
REGULATIONS," DIVISION 2, RS-1, RS-2, RS-3, RS-4 SINGLE-
FAMILY RESIDENTIAL DISTRICTS, SECTION 142-105(e), "HEIGHT
RESTRICTIONS," BY AMENDING THE HEIGHT REGULATION
EXCEPTIONS TO PERMIT SMALL ROOF WIND TURBINES UP TO
10 FEET ABOVE THE MAIN ROOFLINE; AND AMENDING ARTICLE
IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5,
"HEIGHT REGULATIONS," BY AMENDING SECTION 142-1161," TO
PERMIT ROOF WIND TURBINES SUBJECT TO CERTAIN
RESTRICTIONS AND CONDITIONS; 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 and set a second reading public hearing for the April 11, 2012
City Commission meeting.
BACKGROUND
September 14. 2011: the City Commission had a discussion regarding a change
amendment to the Land Development Regulations of the City Code to address wind
turbines and referred the matter to the Land Use and Development Committee at the
request of Commissioner Tobin.
September 21. 2011: the Land Use and Development Committee discussed this matter
and moved to refer a proposed amendment to the LDRs to the Planning Board to
consider legalization of wind turbines on rooftops in single-family homes and consider
appropriate review, impact on noise and on neighborhood and consider appropriate
number.
October 19. 2011: the City Commission ratified this referral to the Planning Board.
424
City Commission Memorandum
Small rooftop wind turbines
March 21, 2012
ANALYSIS
Page2
Currently Section 142-1 05( e) of the Land Development Regulations governs the
permissible heights of accessory structures on rooftops of single family homes. The
Code does not specifically address wind turbines, and as such, they have been
categorized as "mechanical equipment" and limited to five feet above the main roofline.
Mechanical equipment also requires screening. In order for a small wind turbine to
function properly, there needs to be some amount of clearance above the roof,
especially if there is the standard 3'6" foot parapet surrounding a flat roof.
Since the existing interpretation as mechanical equipment limits the height to 5 feet
above the roofline, this will not allow effective placement of these small turbines on roofs
of homes. Other rooftop structures may be permitted to reach 1 0 feet in height above
the main roofline, and this height would allow for efficient operation of rooftop wind
turbines. Amending the code to specify rooftop wind turbines as an allowable height
exception for single family homes, up to 10 feet above the main roofline, would permit
these turbines to be installed by homeowners. This height should not have a negative
effect on surrounding residential properties as long as the proper setback requirements
are respected. Design review criteria would continue to apply.
With regard to multifamily and commercial buildings, Section 142-1161 of the code
already permits similar rooftop accessory structures such as radio and cellular telephone
antennas, water towers, and mechanical equipment. These may be up to 25 feet above
the main roofline (with design review approval). Adding rooftop wind turbines to this list
of uses would also help clarify that these are permitted, and may encourage their use for
supplementary power generation. Since the height permitted would be only 25 feet
above the roofline, which would be similar in height to other permitted structures such as
antennas or mechanical equipment, it would not be expected that wind turbines of this
height would produce negative effects on neighboring properties, if properly engineered.
Stand-alone wind turbines which require mounting on a tower are governed by existing
zoning regulations for main building heights and setbacks, depending on the zoning
district. No accessory use wind turbine tower could exceed the maximum allowable
height of the district within which it is located, and would be subject to the same
setbacks as the main building. No amendment to the code is anticipated to be required
for this category.
PLANNING BOARD
At its January 24, 2012 meeting, the Planning Board reviewed the proposed ordinance
and by a vote of 4-0 (3 members absent) recommended that the City Commission
approve the ordinance with a limit of one wind turbine per property.
FISCAL IMPACT
In accordance with Charter section 5.02, which requires that the "City of Miami Beach
shall consider the long-term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long-term economic
impact (at least 5 years) of this proposed legislative action, and determined that there
may not be a measurable impact on the City's budget by enacting the proposed
ordinance.
425
City Commission Memorandum
Small rooftop wind turbines
March 21, 2012
CONCLUSION
Page3
The Administration recommends that the City Commission approve the proposed
ordinance on first reading and set a second reading public hearing for the April 11, 2012
City Commission meeting.
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.
t'CL
JMG/JGG/RGL/ML
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426
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 II, "DISTRICT
REGULATIONS," DIVISION 2, RS-1, RS-2, RS-3, RS-4 SINGLE-
FAMILY RESIDENTIAL DISTRICTS, SECTION 142-105(e), "HEIGHT
RESTRICTIONS," BY AMENDING THE HEIGHT REGULATION
EXCEPTIONS TO PERMIT SMALL ROOF WIND TURBINES UP TO 10
FEET ABOVE THE MAIN ROOFLINE; AND AMENDING ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5,
"HEIGHT REGULATIONS," BY AMENDING SECTION 142-1161," TO
PERMIT ROOF WIND TURBINES SUBJECT TO CERTAIN
RESTRICTIONS AND CONDITIONS; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the Land Development Regulations (LDRs) of the City Code are
designed to protect and preserve the environmental quality of the City's neighborhoods
and to encourage and promote compatibility with the established neighborhood context;
and
WHEREAS, the Mayor and City Commission place a strong emphasis on and
desire to seek a more sustainable and healthier "green" environment for its residents;
and
WHEREAS, the Mayor and City Commission have identified as a legitimate
government purpose the promotion of an environmentally friendly and sustainable
environment; and
WHEREAS, the Mayor and City Commission have previously adopted an
ordinance providing incentives for the construction of green/LEED certified buildings;
and
WHEREAS, the LDRs for single-family structures contain a list of exceptions in
terms of height and location not to exceed ten feet above the roofline of the structure,
but do not include small wind turbines; and
WHEREAS, the height exception regulations in the LDRs for all districts, except
single-family districts, contain a list of items such as elevator bulkheads, air conditioners
and others, but do not include small wind turbines; and
WHEREAS, permitting this type of use will not create an adverse impact on the
general health and welfare of the residents of the City and is consistent with the public
health, safety and welfare; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
1 of 4
427
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1.
That Chapter 142, "Zoning Districts and Regulations," Division 2, "RS-1, RS-2, RS-3,
RS-4, Single-Family Residential Districts," is hereby amended as follows:
Sec. 142-105.-Development regulations and area requirements.
(e) Height restriction. The height regulation exceptions contained in Section 142-
1161 shall not apply to the RS-1, 2, 3 and 4 zoning districts. The following exceptions
shall apply, and unless otherwise specified in terms of height and location, shall not
exceed ten feet above the roofline of the structure. In general, height exceptions that
have not been developed integral to the design intent of a structure shall be located in a
manner to have a minimal visual impact on predominant neighborhood view corridors as
viewed from public rights-of-way and waterways.
(1) Chimneys and air vents, not to exceed five feet in height.
(2) Decks, not to exceed six inches above the main roofline and not exceeding a
combined deck area of 50 percent of the enclosed floor area immediately one
floor below.
(3) Decorative structures used only for ornamental or aesthetic purposes such as
spires, domes, belfries, and covered structures, which are open on all sides, and
are not intended for habitation or to extend interior habitable space. Such
structures shall not exceed a combined area of 20 percent of the enclosed floor
area immediately one floor below.
(4) Radio and television antennas.
(5) Parapet walls, not to exceed three and one-half feet above the maximum
permitted height.
(6) Stairwell and elevator bulkheads in general shall be located to be visually
recessive such that they do not become vertical extensions of exterior building
elevations located directly along required setback lines. SFRRP, historic
preservation board or design review board, approval as applicable, shall be
required when the bulkhead's proximity to a property line is closer than 125
percent of the depth of the nearest setback yard(s). Depth shall be measured
perpendicular from the property line.
(7) Skylights, not to exceed five feet above the main roof line.
(8) Air conditioning and mechanical equipment not to exceed five feet above the
main roof line and may be required to be screened in order to ensure minimal
visual impact as identified in the general section description above .
.{ID Rooftop wind turbines. not to exceed 1 0 feet above the main roofline.
When any of the above items are freestanding, they shall follow the height limitations of
the underlying zoning district (except flag poles which are subject to section 138-72).
Section 2.
That Section 142-1161, "Height regulation exceptions," is hereby amended as follows:
2 of4
428
For all districts, except RS 1, 2, 3 and 4, (single-family residential districts).
(a) The height regulations as prescribed in these land development regulations shall
not apply to the following when located on the roof of a structure or attached to
the main structure. For exceptions to the single-family residential districts, see
subsection 142-105(d).
(1) Air-conditioning, ventilation, electrical, plumbing equipment or equipment
rooms.
(2) Chimneys and air vents.
(3) Decks, not to exceed three feet above the main roof line and not
exceeding a combined deck area of 50 percent of the enclosed floor area
immediately one floor below.
(4) Decorative structures used only for ornamental or aesthetic purposes
such as spires, domes, belfries, not intended for habitation or to extend
interior habitable space. Such structures shall not exceed a combined
area of 20 percent of the enclosed floor area immediately one floor below.
(5) Elevator bulkheads or elevator mechanical rooms.
(6) Flagpoles subject to the provisions of section 138-72
(7) Parapet walls, not to exceed 3% feet above the main roof line unless
otherwise approved by the design review board up to a maximum of 25
feet in height.
(8) Planters, not to exceed three feet in height above the main roof line.
(9) Radio, television, and cellular telephone towers or antennas, and rooftop
wind turbines.
(1 0) Stairwell bulkheads.
(11) Skylights, not to exceed five feet above the main roof line.
(12) Stage towers or scenery lofts for theaters.
(13) Swimming pools, whirlpools or similar structures, which shall have a four-
foot wide walkway surrounding such structures, not to exceed five feet
above the main roof line.
(14) Trellis, pergolas or similar structures that have an open roof of cross
rafters or latticework.
(15) Water towers.
(b) The height of all allowable items in subsection (a) of this section, unless
otherwise specified, shall not exceed 25 feet above the height of the roof line of
the main structure for districts that have a height restriction. In a district that does
not have a height restriction, the height of any of the above items shall be
determined by the design revie·.v board or joint design revie'N board/historic
preservation board, as applicable, based upon the design criteria found in
chapter 118, article VI (and chapter 118, article X, if applicable), of these land
development regulations. When any of the above items are freestanding, they
shall follow the height limitations of the underlying zoning district (except flag
poles which are subject to section 138-72). In a district that does not have a
height restriction, the height of any of the above items, when freestanding, shall
be determined by the design review board (or joint design revie•N/historic
preservation board '.\1hen located 'Nithin a local historic district or historic site),
based upon the design criteria found in chapter 118, article VI (and chapter 118,
article X), as applicable) of these land development regulations.
3 of4
429
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.
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
MAYOR
APPROVED AS TO FORM
AND LANGUAGE
~-2/D FOR EXECUTION
~ yj;(-Date
First Reading:
Second Reading:
Verified By: ------------
Richard G. Lorber, AICP
Acting Planning Director
Underline= new language
Strikethrough = deleted language
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430
COMMISSION ITEM SUMMARY
Condensed Title:
A Ordinance amending Chapter 82 -Section 504 of the Miami Beach City Code entitled "Monuments or Memorials,"
as recommended by the members of the Neighborhoods/Community Affairs Committee at their December 8, 2011,
meeting to Limit Commissioners and the Mayor to one (1) monument/memorial recommendation per term of elected
office; require the cost for design, fabrication and maintenance be borne by the requesting party; add language to
permit the financial responsibility of the third-party requestor to be waived with a 6/7 vote of the City Commission,
require that the honoree be in good standing and if convicted/adjudicated of a felony a process to remove their name
and instructing the Administration to streamline the process for handling monuments/memorials as recommended.
Ke_y Intended Outcome Supported:
Increase Community Satisfaction With City Government
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 75% of
residents and 68% of businesses rated Miami Beach city government as excellent or good in meeting their needs and
expectations.
Issue:
Should the City Commission accept the recommendations of the Neighborhoods/Community Affairs Committee to
streamline the rocess for hand lin monuments/memorials as recommended?
Item Summa /Recommendation:
FIRST READING
At the January 11, 2011, the Neighborhoods/Community Affairs Committee (NCAC) the members expressed concern
about increase of requests for memorial plaques requested additional procedures to be developed to serve as-
guidelines in authorizing future requests. At the conclusion of the discussion as a part of the motion approving a
memorial under discussion the Committee approved a moratorium on naming requests until draft guidelines were
developed and returned to the committee for review, discussion and, if approved, referred to the full Commission for
action.
The Administration prepared a discussion of potential policies for the nomination/number of monument or memorial
plaques for the December 8, 2011 NCAC meeting. This discussion resulted in the following recommendations to the
full commission. A) Limit Commissioners and the Mayor to recommending one (1) monument/memorial
recommendation per term of elected office; B) In the event the request comes from a third party, then the cost and
maintenance is the requestor's responsibility; C) Add language to allow for the financial responsibility of the third-
party requestor to be waived with a 617 vote of the City Commission; and D) Include recommended wording that the
individual be in good standing and if convicted/adjudicated of a felony, their name shall be removed. Additionally, the
Administration was to add whatever language is necessary for administrative cleanup and streamline the process for
handling monuments/memorials as recommended. The above action was subsequently presented to and accepted
by the City Commission at the February 8, 2012 meeting in agenda item C6A -1) Report Of The
Neighborhoods/Community Affairs Committee Meeting On December 8, 2011. Based on NCAC's recommendation, the
ro osed ordinance amendment is resented on first readin
Board Recommendation:
Affairs Committee meetin
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary: N/A
Ci Clerk's Office le islative Trackin :
Kevin Smith, Director of Parks and Recreation
Si n-Offs:
Department Director Assistant City Manager City Manager
KS JMG
T:\AGENDA\2012\3-21-12\Comm. Summary-Monuments or Memorials Ordinance Amendment 1st rdg 3-21-12.doc
MIAMI BEACH 431 AGENDA ITEM_:_::,.:::-.~...,..,..
DATE ---'o<......:'-'-...:...:==---
~ 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 th · ity Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: March 21, 2012 FIRST READING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI,
ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF
MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82-504, ENTITLED
"MONUMENTS OR MEMORIALS," BY ADDING CRITERIA TO PROVIDE: A) THAT
THE MAYOR AND CITY COMMISSIONERS SHALL BE LIMITED TO PROPOSING
THE ESTABLISHMENT OF ONE MONUMENT OR MEMORIAL PER TERM OF
ELECTED OFFICE; B) THAT THE COSTS OF THE DESIGN, FABRICATION AND
ON-GOING MAINTENANCE FOR MONUMENTS OR MEMORIALS SHALL BE THE
SOLE RESPONSIBILITY OF, AND MUST BE BORNE BY, THE REQUESTING
ORGANIZATION, GROUP OR INDIVIDUAL, UNLESS ALL OR ANY PORTION OF
THIS REQUIREMENT IS WAIVED BY AN AFFIRMATIVE VOTE OF snths OF THE
CITY COMMISSION FOLLOWING A DULY NOTICED PUBLIC HEARING; AND C)
THAT ANY PERSON TO BE RECOGNIZED BY THE ESTABLISHMENT OF A
MONUMENT OR MEMORIAL MUST BE IN GOOD STANDING IN THE COMMUNITY
AND IF, AFTER THE HONOR IS BESTOWED, THE PERSON IS CONVICTED OR
ADJUDICATED GUILTY OF A FELONY, THE NAME OF THE PERSON SHALL BE
REMOVED FROM SUCH MONUMENT OR MEMORIAL; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on first reading.
KEY INTENDED OUTCOME SUPPORTED
Increase Community Satisfaction With City Government
BACKGROUND
At the January 11, 2011, the Neighborhoods/Community Affairs Committee held a discussion
concerning the approval of a memorial in honor of a Miami Beach resident to be located on
Lincoln Road.
While discussing the memorial issue the members also expressed concern as to the increase of
requests for memorial plaques over the past several months and felt the current process would
be well served to have additional procedures developed to serve as guidelines in authorizing
future requests for memorial plaques.
432
Ordinance Amendment To Chapter 82-Article VI-Naming Of Public Facilities and Naming of Monuments and Memorials
March 21, 2011
City Commission Meeting
At the conclusion of the discussion the Neighborhoods/Community Affairs Committee, as a part
of the motion approving the memorial under discussion, approved a moratorium on naming
requests until draft guidelines to limit these requests were developed by the Administration and
returned to the Committee for its review, discussion, and if approved referred to the full
Commission for action.
ANALYSIS
Based on the discussion held at the January 11, 2011 Neighborhoods/Community Affairs
Committee, relevant information from our City Code and the review of other communities'
standards, the Administration referred for discussion on March 11, 2011 to the Neighborhoods/
Community Affairs Committee "Potential Policies for the Nomination/Number of Monument or
Memorial Plaques." The item was heard at the Committee's December 8, 2011 meeting.
At the conclusion of the extended discussion, which included both the Committee members and
resident input, the following action was taken.
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 the Mayor and each Commissioner 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.
433
Ordinance Amendment To Chapter 82-Article VI-Naming Of Public Facilities and Naming of Monuments and Memorials
March 21, 2011
City Commission Meeting
The above action was subsequently presented to the City Commission at the February 8, 2012,
meeting in agenda item C6A -1) Report Of The Neighborhoods/Community Affairs Committee
Meeting On December 8, 2011.
CONCLUSION
The proposed ordinance amendment to the City of Miami Beach Code, Chapter 82, entitled
"Public Property" by amending Article VI entitled "Naming Of Public Facilities and Establishment
of Monuments or Memorials" by amending Section 82-504 entitled "Monuments or Memorial.s"
as recommended by the Neighborhoods/Community Affairs Committee at the December 8,
2011 meeting, is presented on first reading.
JMG/HMF/KS
T:\AGENDA\2012\3-21-12\Com_. Memo -Monuments or Memorials Ordinance Amendment 1st rdg 3-21-12.doc
434
ORDINANCE NO.-----
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, OF
THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF
PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR
MEMORIALS," BY AMENDING SECTION 82-504, ENTITLED
"MONUMENTS OR MEMORIALS," BY ADDING CRITERIA TO
PROVIDE: A) THAT THE MAYOR AND CITY COMMISSIONERS
SHALL BE LIMITED TO PROPOSING THE ESTABLISHMENT OF ONE
MONUMENT OR MEMORIAL PER TERM OF ELECTED OFFICE; B)
THAT THE COSTS OF THE DESIGN, FABRICATION AND ON-GOING
MAINTENANCE FOR MONUMENTS OR MEMORIALS SHALL BE THE
SOLE RESPONSIBILITY OF, AND MUST BE BORNE BY, THE
REQUESTING ORGANIZATION, GROUP OR INDIVIDUAL, UNLESS
ALL OR ANY PORTION OF THIS REQUIREMENT IS WAIVED BY AN
AFFIRMATIVE VOTE OF 6/7ths OF THE CITY COMMISSION
FOLLOWING A DULY NOTICED PUBLIC HEARING; AND C) THAT
ANY PERSON TO BE RECOGNIZED BY THE ESTABLISHMENT OF A
MONUMENT OR MEMORIAL MUST BE IN GOOD STANDING IN THE
COMMUNITY AND IF, AFTER THE HONOR IS BESTOWED, THE
PERSON IS CONVICTED OR ADJUDICATED GUlL TY OF A FELONY,
THE NAME OF THE PERSON SHALL BE REMOVED FROM SUCH
MONUMENT OR MEMORIAL OR THE MONUMENT OR MEMORIAL
ITSELF MAY BE REMOVED; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, at its January 11, 2011 meeting, the Neighborhoods/Community Affairs
Committee (the Committee) held a discussion concerning the approval of a memorial in honor of
a Miami Beach resident, to be located on Lincoln Road; and
WHEREAS, while discussing the aforestated issue, the members expressed concern as
to the increase in requests for establishment of monuments and memorials, and that the current
process would be well served by having additional procedures developed to serve as guidelines
in authorizing future requests for the establishment of monuments and memorials; and
WHEREAS, as a part of its motion approving the memorial for the Miami Beach resident,
the Committee also recommended establishing a moratorium on future requests (for the
establishment of monuments and memorial), until draft guidelines to limit these requests could
be developed by the Administration and returned to the Committee for review and, if approved,
referred to the full City Commission for action; and
WHEREAS, as directed, the Administration prepared a subsequent referral to the
Committee of proposed guidelines for the establishment of monuments or memorials and; this
issue was discussed at the December 8, 2011, Committee meeting; and
WHEREAS, at the conclusion of the discussion, which included input from both the
Committee members and residents present, the Committee recommended the following:
435
a) that the Mayor and each City Commissioner be limited to proposing the
establishment of one (1) monument or memorial per term of elected office;
b) in the event of a request for the establishment of a monument or memorial by a
third party(ies ), that the cost and maintenance for the monument or memorial (if
approved) be the requesting party's(ies') responsibility; and
c) allowing for waiver of the requesting party's(ies') obligations in subsection (b)
above, by 6/?ths vote of the City Commission, following a duly noticed public
hearing; and
d) that individuals being honored with the establishment of a monument or memorial
be in good standing in the community at the time of approval and, if subsequently
convicted or adjudicated of a felony, that such individual's name, or the
monument or memorial itself, be removed; and
WHEREAS, the aforestated Committee recommendations were subsequently presented
to, and accepted by, the full City Commission at its February 8, 2012, Meeting.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Chapter 82, Article VI, Section 82-504 of the Miami Beach City Code is hereby amended
as follows:
Sec. 82-504. Monuments or memorials.
(a) Whenever there is a proposal to establish a monument or memorial on public property in
the city, it shall first be considered and reviewed by the committee according to the
following procedures:
(1) Any person, organization, association, corporation, or other entity, including a
member of the city commission, or the administration of the city, may propose the
establishment of a monument or memorial at any time by submitting a proposal
in writing to the city managerthe committee. Additionally, the mayor or any
member of the city commission may propose the establishment of a monument
or memorial at any time by referring the proposal in writing to the committee;
which referral to committee shall first be approved by the city commission.
m The establishment of a monument or memorial shall also be subject to the
following requirements:
ru The mayor and each city commissioner shall be limited to
proposing the establishment of one (1) monument or
memorial per their respective term of elected office.
Q} All costs associated with the design, fabrication. installation.
and on-going maintenance of a monument or memorial shall
be the sole responsibility of. and shall be borne by, the
person, organization. association. corporation. or other entity
requesting the establishment of the monument or memorial.
In the case of a proposal submitted by the mayor or a city
436
commissioner. the "requesting party" shall be deemed to be
the person. organization. association. corporation. or other
entity initially making the request or submitting the proposal
for establishment of the monument or memorial to the mayor
or sponsoring commissioner.
f} Any or all of the requirements in subsection (2)(b) above may
be waived by an affirmative vote of 6/7ths of the city
commission, following the duly noticed public hearing
required under Section 82-504(a)(7) hereof.
Ql Any person to be recognized by the establishment of a
monument or memorial must be in good standing in the
community at the time of final approval of same by the city
commission and if. after the establishment of such monument
or memorial, the person is subsequently convicted or
adjudicated guilty of a felony, the name of the person shall be
removed from said monument or memorial or. at the city
commission's sole option and discretion. the monument or
memorial itself may be removed. In either case. neither the
city, nor any of its officers. employees. contractors. or agents.
shall have any liability to the person. and/or any other
party(ies) including. without limitation. those in subsection
(2)(b) hereof. for any costs or claims resulting from such
action and including, without limitation, reimbursement of any
costs for design, fabrication. installation. and/or maintenance
of the monument or memorial.
.@} Recommendations for the establishment of a monument or memorial shall be
referred by the city manager or sponsoring commission member (as the case
may be) to the committee within a reasonable time after receiving the proposal.
(~) Within a reasonable time after receipt of the proposal, the committee shall meet
to consider and review same. Notice of the meeting shall be given to all persons
and/or entities who have proposed the establishment of the monument or
memorial.
(~§) After reviewing the proposal for the establishment of a monument or memorial ffi
accordance '.Vith its established selection criteria. the committee may
recommend, by majority vote. approval of the proposal, in which case such
proposal shall be transmitted with the committee's recommendation as follows:
the committee shall transmit a written recommendation to the city commission
regarding same .
.@} If the committee recommends approval of a monument or
memorial that only requires the placement of a commemorative
plaque. the proposal and the committee's recommendation shall
be transmitted directly to the city commission.
(b) If the committee recommends approval of a monument or
memorial that requires the design, fabrication. installation. and
437
maintenance of a monument or memorial other than a plaque
(including without limitation, a site. bust. sculpture, structure, or art
work), then the proposal and the committee's recommendation
shall first be transmitted to the Art in Public Places Committee
(AiPP), for its review as to location, aesthetic quality,
maintenance, and other related issues. The AIPP's
recommendation. which shall only be advisory, shall be
transmitted to the city commission, along with the committee's
recommendation, prior to its consideration for final approval for
establishment of the proposed monument or memorial.
(4§.) The city commission may only consider a proposal to establish a monument or
memorial that has been ill recommended for approval by a majority of the
members of the committee, and (ii) reviewed by the AiPP in accordance with the
criteria established in subsection (5)(b) above; and (iii) that includes a written
analysis by the city administration of the estimated costs for the design,
fabrication, installation, and ongoing maintenance of the proposed monument or
memorial.
(a) \11lithin a reasonable time after receiving the recommendation for the
establishment of a monument or memorial from the committee,the city
commission shall call a public hearing.
(ei) The city commission shall hold a public hearing to hear public comment, prior to
final approval for the establishment of a proposed monument or memorial.
Notice of the public hearing regarding the establishment of the monument or
memorial shall be published at least 1 0 days prior to the hearing in a newspaper
of general circulation in the city. If there is a request to waive any or all of the
requirements in Section 82-504(a)(2){b) hereof, the notice shall also include such
information.
(7§.) At the close of the public hearing, the city comm1ss1on may approve the
establishment of the monument or memorial.:. In approving the establishment, the
commission shall be governed by its established selection criteria. Additionally,
aAny proposal to establish a monument or memorial must be approved by a
5/?ths vote of the city commission; and, further, if a waiver of all or any of the
requirements in Section 82-504(a)(2)(b) are requested, such waiver must be
approved, by a separate vote. by a 6/?ths vote of the city commission.
t8} Upon approval of the establishment of the monument or memorial, the city
commission shall forward the proposal to the art in public places committee. The
art in public places committee will then make its recommendation to the city
commission regarding the location, aesthetic quality, maintenance, and other
related issues, in accordance with the its established criteria.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are herby
repealed.
438
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made
part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be
changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the day of-------' 2012.
PASSED and ADOPTED this day of ______ , 2012.
ATTEST:
MATTI HERRERA BOWER, MAYOR
ROBERT PARCHER, CITY CLERK
Underline denotes additions and strike through denotes deletions
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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440
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 46 Of The Miami Beach City
Code, Entitled "Environment," Article Ill, Section 46-92 By Amending The Definition Of Litter And The Litter Prohibition Provisions In
Subsections (A) And (B); Prohibiting Styrofoam Products And Plastic Straws On City Beaches; Re-Lettering And Renaming Existing
Provisions In Subsections (A) Through (0) And Creating New Provisions In Subsection (G) To Provide Prohibitions On The Distribution Of
Commercial Handbills: a) In The Art Deco Historic District During High Impact Periods In The City; b) Within 20 Feet Of Sidewalk Cafes;
And c) On City Beaches East Of The Dunes, Providing Fines And Penalties For The Violation Of Subsection (G) In The Re-Lettered
Subsection (H); And Providing For Repealer; Severability; Codification; And An Effective Date.
Key Intended Outcome Supported:
Improve cleanliness of Miami Beach rights of way, especially in business areas; Improve cleanliness of city beaches; Ensure compliance
with code within reasonable time frame; Preserve our beaches; Enhance the environmental sustainability of the community
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction Survey, 73% of residents and
66% of businesses rated cleanliness of streets in business/commercial areas as excellent or good. Additionally, 83% of the City's
residents and 85% of the City's businesses rated the overall appearance of beaches as excellent or good.
Issue: I Should the City Commission adopt the proposed Ordinance on first reading?
Item Summa /Recommendation:
FIRST READING At its August 31, 2010 meeting, the Neighborhood/Community Affairs Committee (NCAC) recommended the amendment
of the City's Litter Ordinance to prohibit the presence of polystyrene (Styrofoam) products on our beaches. Subsequently, the City
Commission, at its October 27, 2010 meeting, approved the Committee's recommendation. An ordinance amendment was being developed
but was pending further discussion on other items relating to litter. At the request of Commissioner Libbin at the December 14, 2011 City
Commission meeting, the City Commission referred an item regarding enforcement of litter laws, handbills, and sidewalk cafe regulations to
the NCAC for further discussion. In addition, at the request of Commissioner Exposito at the February 8, 2012 City Commission meeting,
the City Commission referred an item regarding the use of plastic straws on the beach to the NCAC for discussion.
Polystyrene Products: Research reflects that items made of polystyrene, also known as Styrofoam, are oftentimes carried away by the
wind and they disintegrate into smaller pieces, posing a major a threat to the marine and coastal environment. The attached ordinance
amendment will incorporate Styrofoam as a type of litter, and will prohibit any person form taking Styrofoam onto our beaches.
Plastic Straws: City's permitted beachfront concessionaires is prohibited in all of the City's beaches. The narrow shape of plastic straws
makes it difficult for straws to be picked up by both the City and County's sand sifting machines or manual labor. While current beach
concessionaires are prohibited from providing plastic straws when they sell beverages, hotels and condos with beachfront restaurants that
provide service to persons on the beach are providing straws that are subsequently being littered. The proposed amendment to the litter
ordinance would prohibit any business that services or delivers beverages to persons on the beach from providing plastic straws. Should
this amendment not address this issue, further restrictions can be contemplated in the future.
Handbills: Unwanted commercial handbills are oftentimes left behind by patrons, littering our beaches. The Administration is proposing a
ban on the distribution of commercial handbills from person to person on the beach, east of the dunes, and on the Boardwalk, Beachwalk,
Baywalk and Cutwalk. Unsolicited commercial handbills are also commonplace in our sidewalk cafes, where patrons are approached by
individuals passing out flyers. The Administration is proposing a ban on the distribution of commercial handbills within 20 feet of a sidewalk
cafe. Lastly, and as discussed during the joint Finance and Citywide Projects Committee and Neighborhood/Community Affairs Committee
meeting on January 19, 2012, the proliferation and accumulation of commercial handbills during certain high visitor volume periods found
discarded in certain areas of the City has become a major litter issue and constitutes a public health hazard. The Administration proposed,
and the Committees approved, moving forward with a ban on the distribution of commercial handbills in certain areas of the City during high
impact periods such as New Year's Eve and Memorial Day Weekend. In an effort to address issues regarding litter on the beach and our
City, the following amendments were recommended to the NCAC at its February 27, 2012 meeting: 1) Prohibit Styrofoam products on our
beaches; 2) Prohibit Businesses that provide beverage services to persons on the beach from providing plastic straws; 3) Prohibit the
distribution of commercial handbills on our beaches, east of the dune; 4) Prohibit the distribution of handbills within twenty (20) feet in any
direction from the outside perimeter of a sidewalk cafe, and on the right-of-way within the approved sidewalk cafe; and 5) Prohibit the
distribution of commercial handbills in certain portions of the Art Deco Historic District during High Impact Periods. The NCAC
recommended the adoption of the ordinance to the full City Commission. The Administration recommends that the City
Commission adopt the proposed Ordinance.
Neighborhood/Community Affairs Committee and Finance and Citywide Projects Committee (Joint January 19, 2012 meeting; and February
27, 2012 Nei hborhood I Communit Affairs Committee.
Financial Information:
Source of Funds: Amount
I I 1
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Si n-Offs:
Department Director
MIAMI BEACH 441
Account
City Manager
AGENDA ITEM_;....._;._;:____
DATE ____:.:::_..::._!._.1-==--
lD /\/\IAN\ I BE CH ._..
OFFICE OF THE CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager ~v'-6
March 21,2012 U FIRST READING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
MIAMI BEACH CITY CODE, ENTITLED "ENVIRONMENT," BY
AMENDING ARTICLE Ill THEREOF, ENTITLED "LITTER," BY
AMENDING SECTION 46-92 TO PROVIDE COMPREHENSIVE
AMENDMENTS THERETO BY AMENDING THE DEFINITION OF
LITTER AND THE LITTER PROHIBITION PROVISIONS IN
SUBSECTIONS (A) AND (B); PROHIBITING STYROFOAM
PRODUCTS AND PLASTIC STRAWS ON CITY BEACHES; RE-
LETTERING AND RENAMING EXISTING PROVISIONS IN
SUBSECTIONS (A) THROUGH (0) FOR EASE OF REFERENCE AND
CREATING NEW PROVISIONS IN SUBSECTION (G) TO PROVIDE
PROHIBITIONS ON THE DISTRIBUTION OF COMMERCIAL
HANDBILLS: A) IN THE ART DECO HISTORIC DISTRICT DURING
HIGH IMPACT PERIODS IN THE CITY; B) WITHIN 20 FEET OF
SIDEWALK CAFES; AND C) ON CITY BEACHES EAST OF THE
DUNES, PROVIDING FINES AND PENALTIES FOR THE VIOLATION
OF SUBSECTION (G) IN THE RE-LETTERED SUBSECTION (H); AND
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
ADMINSTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed Ordinance.
BACKGROUND
At its August 31, 2010 meeting, the Neighborhood/Community Affairs Committee recommended
the amendment of the City's Litter Ordinance to prohibit the presence of polystyrene (Styrofoam)
products on our beaches. Subsequently, the City Commission, at its October 27, 2010 meeting,
approved the Committee's recommendation. An ordinance amendment was being developed but
was pending further discussion on other items relating to litter. At the request of Commissioner
Libbin at the December 14, 2011 City Commission meeting, the City Commission referred an item
regarding enforcement of litter laws, handbills, and sidewalk cafe regulations to the
Neighborhood/Community Affairs Committee for further discussion. In addition, at the request of
Commission Exposito at the February 8, 2012 City Commission meeting, the City Commission
referred an item regarding the use of plastic straws on the beach to the Neighborhood/Community
Affairs Committee for discussion.
ANALYSIS
The City of Miami Beach is known for its tropical setting, beaches, and cultural entertainment; and
as our mission statement reflects, it is a vibrant, tropical, historic community. Thus, the ambience,
We are committed to providing excellent public seNice and safety to all who live, work, and play in our vibrant, tropical, historic community.
442
City Commission Memorandum
March 21, 2012
Litter, Sidewalk Cafe Regulations, Open Container
Page 2of3
aesthetics, environment, and having a cleaner and safer community is not only part of the City's
vision, but an intrinsic part of its value and a key component in being a world-class City.
Both residents and visitors alike enjoy our beaches, restaurants and cafes; however, at times there
are factors that adversely impact that enjoyment.
A. Polystyrene Products: Research reflects that items made of polystyrene, also known as
Styrofoam, are oftentimes carried away by the wind and they disintegrate into smaller
pieces, posing a major a threat to the marine and coastal environment. Once Styrofoam
begins to break apart, the miniscule pieces become difficult to clean up, littering our
beaches and posing a threat to marine life. Marine animals can mistake the foam as food,
and if ingested, the foam can cause them to starve by blocking their digestive tract. Not
only is Styrofoam an increasingly prolific pollutant in our oceans, but also toxic to produce,
releasing a known carcinogen (styrene), which does not decompose and is not recyclable.
The attached ordinance amendment will incorporate Styrofoam as a type of litter, and will
prohibit any person form taking Styrofoam onto our beaches.
B. Plastic Straws: The use of plastic straws by the City's permitted beachfront
concessionaires is prohibited in all of the City's beaches. In addition, the narrow shape of
plastic straws makes it difficult for straws to be picked up by both the City and County's
sand sifting machines or by manual labor.
The increased and prolific use of single-use/disposable plastics, such as plastic straws, is a
major contributor to litter on our beaches. Most marine plastic pollution starts out on land as
litter on beaches, streets and sidewalks. The very same qualities that make plastic products
adaptable and durable also make plastic an environmental challenge. Plastic products are
not biodegradable, instead they photo degrade -breaking down under exposure to the
sun's ultraviolet rays, into smaller and smaller pieces. Consequently, nearly every piece of
plastic that was ever made still exists in some shape or form.
A concern has been raised that while current beach concessionaires are prohibited from
providing plastic straws when they sell beverages, hotels and condos with beachfront
restaurants that provide service to persons on the beach are providing straws that are
subsequently being littered. As such, the proposed amendment to the litter ordinance
would prohibit any business that services or delivers beverages to persons on the beach
from providing plastic straws. Should this amendment not address this issue, further
restrictions can be contemplated in the future.
C. Handbills: The passing of a commercial handbill from one person to another is currently
allowed by our City Code. However, violations are issued for commercial handbills that are
discarded or left on public property in such a manner that, more likely than not, they were
thrown or placed there. Anyone seen throwing or discarding commercial handbills on public
property may be subject to litter fines.
Aggressive marketing in the form of commercial handbills and/or flyer distribution can have
a negative impact on our ecology, and the ability of our residents and visitors to enjoy our
City. More specifically, unwanted commercial handbills are oftentimes left behind by
patrons, littering our beaches. These commercial handbills distributed on our beaches can
be carried by the wind and enter the marine environment where animals can mistake them
for food; or flow into stormwater drainage systems and canal banks. Litter left on the beach
creates unsanitary conditions and presents hazards to nesting sea turtles, hatchlings, and
other marine life. Lastly, when these handbills get wet from humidity, salt spray, or rain
showers, they begin to break down, making litter control difficult and causing chemicals in
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City Commission Memorandum
March 21, 2012
Litter, Sidewalk Cafe Regulations, Open Container
Page 3of3
the petroleum-based inks to leach toxic chemicals into the environment, and release
volatile organic compounds (VOCs) into our beaches and atmosphere.
As a result, the Administration is proposing a ban on the distribution of commercial
handbills from person to person on the beach, east of the dunes.
Unsolicited commercial handbills are also commonplace in our sidewalk cafes, where
patrons are approached by individuals passing out flyers. This passing out of unsolicited
commercial handbills is intrusive and a nuisance to the sidewalk cafe patrons, as well as a
disruption and annoyance to the business owners who must frequently pick up flyers left on
their cafe tables, or blown onto their sidewalk areas. Often, the City receives complaints
from individual restaurants and organizations, such as the Ocean Drive Business
Association, requesting the intervention of Code Compliance. At this time, however, the
City cannot stop the distribution of commercial handbills from person to person in Sidewalk
Cafe areas. Thus, the Administration is proposing a ban on the distribution of commercial
handbills within twenty (20) feet in any direction from the outside perimeter of a sidewalk
cafe, and on the right-of-way within the approved sidewalk cafe.
Lastly, and as discussed during the joint Finance and Citywide Projects Committee and
Neighborhood/Community Affairs Committee meeting on January 19, 2012, the
proliferation and accumulation of commercial handbills during certain high visitor volume
periods found discarded in certain areas of the City has become a major litter issue and
constitutes a public health hazard. Improper disposal of commercial handbills on public
property is a nuisance and an expense for the City, reducing the overall cleanliness and
world-class image of the City. As such, the Administration proposed, and the Committees
approved, moving forward with a ban on the distribution of commercial handbills in certain
portions of the National Register Historic District (also referred to as the Art Deco Historic
District) during high impact periods, such as New Year's Eve and Memorial Day Weekend.
The attached proposed ordinance amendment reflects this prohibition.
In an effort to address issues regarding litter on the beach and our City, the following amendments
were recommended to the Neighborhood/Community Affairs Committee at its February 27, 2012
meeting.
1. Prohibit Styrofoam products on our beaches;
2. Prohibit Businesses that provide beverage services to persons on the beach from providing
plastic straws;
3. Prohibit the distribution of commercial handbills on our beaches, east of the dune;
4. Prohibit the distribution of handbills within twenty (20) feet of a sidewalk cafe; and
5. Prohibit the distribution of commercial handbills in certain portions of the Art Deco Historic
District during High Impact Periods.
The Neighborhood/Community Affairs Committee recommended the adoption of the ordinance to
the full City Commission.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed Ordinance.
T:\AGENDA\2012\3-21-12\Litter PolystyreneHandbill Straws sidewalk cafe-Memo.doc
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ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
MIAMI BEACH CITY CODE, ENTITLED "ENVIRONMENT," BY
AMENDING ARTICLE Ill THEREOF, ENTITLED "LITTER," BY
AMENDING SECTION 46-92 TO PROVIDE COMPREHENSIVE
AMENDMENTS THERETO BY AMENDING THE DEFINITION OF
LITTER AND THE LITTER PROHIBITION PROVISIONS IN
SUBSECTIONS (A) AND (B); PROHIBITING STYROFOAM
PRODUCTS AND PLASTIC STRAWS ON CITY BEACHES; RE-
LETTERING AND RENAMING EXISTING PROVISIONS IN
SUBSECTIONS (A) THROUGH (0) FOR EASE OF REFERENCE AND
CREATING NEW PROVISIONS IN SUBSECTION (G) TO PROVIDE
PROHIBITIONS ON THE DISTRIBUTION OF COMMERCIAL
HANDBILLS: A) IN THE ART DECO HISTORIC DISTRICT DURING
HIGH IMPACT PERIODS IN THE CITY; B) WITHIN 20 FEET OF
SIDEWALK CAFES; AND C) ON CITY BEACHES EAST OF THE
DUNES, PROVIDING FINES AND PENALTIES FOR THE VIOLATION
OF SUBSECTION (G) IN THE RE-LETTERED SUBSECTION (H); AND
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") declares that it is in the interest of the
public health, safety, and welfare to reduce litter and pollutants on the land and the waters of the
City which is a major and internationally recognized tourist destination; and
WHEREAS, polystyrene foam ("styrofoam"), a petroleum based by-product, and plastic
straws are not readily recyclable, non-biodegradable, and take several decades to hundreds of
years to deteriorate in the environment or in a landfill; and
WHEREAS, styrofoam is easily capable of breaking into small pieces that pose a health
hazard to wildlife, including nesting turtles on the City's beaches, is difficult if not impossible to
clean from the sand by sand cleaning equipment, and contributes to litter and pollution on the
City's beaches; and
WHEREAS, plastic straws are similarly non-biodegradable and not able to be effectively
removed from the City's sandy beaches by the daily cleaning efforts engaged in by Miami-Dade
County; and
WHEREAS, it has come to the attention of the City that there is a proliferation of
discarded plastic straws on the beach as a result of businesses providing plastic straws with
beverage service on the beach; and
WHEREAS, in order to better protect the City's beaches, and to reduce the
environmental impact of styrofoam and plastic straws on the City's beaches, styrofoam products
should be prohibited on the City's beaches and businesses that provide beverage service on the
beach should be prohibited from providing plastic straws with such service; and
445
WHEREAS, the distribution of commercial handbills on the heavily traveled pedestrian
sidewalks on Ocean Drive, Lincoln Road, Washington Avenue, and Collins Avenue causes
increased pedestrian congestion, harassment of tourists and residents who traverse these
historically designated streets, and increased litter on sidewalks, streets, and in sidewalk cafe
areas; and
WHEREAS, the harassing and excessive commercial handbill distribution on Ocean
Drive, Lincoln Road, Washington Avenue, and Collins Avenue has resulted in significant
complaints to the City, and to local business owners, from residents and tourists who seek a
pleasant strolling and sightseeing experience and is an invasion of the privacy of pedestrians
and a detrimental nuisance which adversely impacts the City's tourist industry, especially during
high impact periods in the City; and
WHEREAS, excessive and harassing commercial handbill distribution on the public
rights-of-way that are adjacent to and within permitted sidewalk cafe areas is also a detrimental
nuisance which invades the privacy of cafe diners and adversely impacts the City's interests in
preserving its aesthetic ambience, tourist industry, and image as a beautiful and enjoyable
beachfront destination; and
WHEREAS, in addition, those residents and visitors in the City that seek to enjoy and
relax on the City's world renowned beaches are similarly harassed by the nuisance of
commercial handbill distribution, especially during high impact periods in the City, and such
activity contributes to litter, visual blight, and negative environmental impacts on the City's
beaches; and
WHEREAS, it is in the best interest of the City to preserve and enhance the
attractiveness of its historic streets and world famous beaches by imposing restrictions on the
distribution of commercial handbills within twenty (20) feet of all sidewalk cafes, on the heavily
traveled pedestrian sidewalks on Ocean Drive, Washington Avenue, Collins Avenue, and
Lincoln Road during high impact periods, and on the City's beaches east of the dunes.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article Ill, entitled "Litter," of Chapter 46 of the Miami Beach City Code,
entitled "Environment," is hereby amended as follows:
CHAPTER46
ENVIRONMENT
* * *
ARTICLE Ill. LITTER
Division 1. Generally
* * *
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446
Sec. 46-92. Prohibitions on !,bitter; Definitions; Prohibitions on litter; Penalties for litter
and commercial handbill violations; Commercial handbill regulations, fines,
and possession of glass or metal containers on beaches unla\"lful;
&weeping or thro-wing litter on public anEI private properties unlawful;
garbage containers requireEI for take out restaurants; rebuttable
presumptions; civil fines for violations; seizure;-and removal of litter by the
£ltv; Elefinitions; enforcement; appeals; liens.
~161 Definitions. The following words. terms and phrases. when used in this article.
shall have the meanings ascribed to them in this section. except where the context clearly
indicates a different meaning:
(1) Benefactor means the owner of the business advertised in the
commercial handbill whose agent, employee, contractor, promoter, or
other representative did or caused the throwing, discarding, placing or
depositing.
(2) Business means any commercial or industrial activity, entity, or event in
or for which any goods or services are made, sold or offered for sale or
other consideration, pecuniary or otherwise.
(3) Handbill means any handbill, flyer, paper, document, dodger, circular,
folder, booklet, letter, card, pamphlet, sheet, poster, sticker, banner,
notice or other written, printed or painted matter or object that conveys
any information, except that "handbill" shall not include a newspaper or its
contents.
(4) Commercial handbill means any handbill that conveys any information
about any good or service provided by a business.
(5) Litter means any paper, handbill, commercial handbill, garbage, bottle
caps, chewing gum, tobacco products, including, but not limited to, used
and unused cigarettes, cigars, pipe or chewing tobacco, styrofoam or
plastic products. or other waste, including, but not limited to, tree, plant,
and grass cuttings, leaves, or other yard maintenance debris, that has
been placed or deposited on a public sidewalk, street, road, avenue,
beach, swale, median, building, fence, wall, boardwalk, beachwalk,
baywalk, cutwalk, park, or in a gutter, drain, or sewer, or on any other
public property, right-of-way or place, or on any object located on public
property, or on the kneewall, window ledge or sill of any public or private
building, or on a motor vehicle, or on any other type of private real or
personal property. Handbills and commercial handbills attached to a trash
receptacle, but not within the trash receptacle in the usual manner, shall
also be considered litter.
(6) One day means a 24-hour period from noon to noon.
(7) Person, benefactor, or owner include, within their respective meanings,
either an individual or an entity.
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447
ta).(Ql Litter prohibited. It shall be unlawful for any person or benefactor to throw,
discard, place or deposit, or cause to be thrown, discarded, placed, or deposited, litter in any
manner or amount whatsoever in or on any public highway, sidewalk, road, street, alley,
thoroughfare, beach, park, baywalk, beachwalk, cutwalk, sidewalk cafe areas, or any other
public place, except in containers or areas lawfully provided therefor. It shall be unlawful for any
person to throw, discard, place or deposit any garbage, cans, bottles or containers in or on any
freshwater lakes, rivers, streams, canals, or tidal or coastal waters within the city. In addition, it
shall be unlawful for any person to throw, discard, place or deposit litter in any manner or
amount whatsoever on any private real or personal property, including but not limited to
sidewalk cafe furniture and fixtures, unless prior consent of the owner has been given and
unless such litter will not cause a public nuisance or be in violation of any other state or local
laws, rules or regulations.
tet!fl Prohibitions on beaches. It shall be unlawful for any person to carry onto any
beach within the city a glass or metal bottle or other glass or metal container. In addition, it shall
be unlawful for any person to carry any styrofoam product onto any beach within the city or for
any business to provide plastic straws with the service or delivery of any beverage to patrons on
the beach.
fst@ Prohibitions on causing litter in sewers and on public and private property It
shall be unlawful for any person to use leaf blowers, or any other means, to sweep, cast or
throw, or cause to be cast or thrown, or discarded into any of the gutters, drain, sewers, or
public rights-of-way within the city, or upon any adjacent public or private real or personal
property, any garbage, litter, paper, handbill, trash, tree, plant, or grass cuttings, leaves, yard
maintenance debris, or other objects or substances.
tet.Lru. Garbage container requirements for restaurants. All restaurants with take-out
service shall have up to four garbage containers, as need requires, based on the determination
of the city manager or his designee. The containers shall be located in front of and within 50 feet
in each direction of the premises at locations approved by the city manager or his designee.
These containers shall be kept in clean and sanitary condition at all times and shall be emptied
daily or more frequently if necessary to prevent overflowing. The garbage containers required by
this section are in addition to those required by chapter 90 of this Code.
tetill. Penalties for violations. The following civil fines shall be imposed for violations of
this section except as provided in subsection& (h) below:
(1) First offense: $50.00 fine.
(2) Second offense: $100.00 fine.
(3) Third or subsequent offense: $500.00 fine.
In lieu of a fine, the special master may accept voluntary community service removing
litter in the city equivalent to one hour of community service for each $5.00 of an imposed fine. If
the community service is not completed within six months of an adjudication of guilt, the fine
shall be reinstated.
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448
.(g} Prohibitions on commercial handbill distribution.
ill Definitions. The following words. terms and phrases. when used in this
section. shall have the meanings ascribed to them in this subsection.
except where the context clearly indicates a different meaning:
12). Art Deco Historic District means that area within the boundaries
of the National Register Historic District (the Miami Beach
Architectural District) as set forth in Appendix A.
lQl High Impact Periods mean those periods of time as annually
designated by the City Manager during which one or more of the
following occur: i) there is a designated major event period: ii) a
maintenance of traffic plan is required (e.g., including. but not
limited to. street closures. lane closures. shuttle service.); iii) hotel
occupancy levels are anticipated to be greater than 75%: iv)
mutual aid or other assistance from outside agencies is required
to provide for the safety and wellbeing of residents and visitors to
the destination; and. v) an event on public property is anticipated
to result in more than 25.000 visitors to the destination.
{fl Right-of-Way means and includes. but is not limited to. any state.
county. or city owned public street. sidewalk, street corner. curb.
bicycle path. or pedestrian walkway.
ill Art Deco Historic District During High Impact Periods. Commercial
handbills shall not be distributed in the Art Deco Historic District during
high impact periods on Ocean Drive from 6th through 15th Streets.
Washington Avenue from 6th through 1 th Streets. Collins Avenue from 6th
through 171h Streets. and on any portion of Lincoln Road .
.Q} Sidewalk Cafes. Commercial handbills shall not be distributed on the
right-of-way a) within twenty (20) feet in any direction from the outside
perimeter of any approved sidewalk cafe Cas indicated in the approved
site plan attached to the city issued permit) and b) on any right-of-way
within the approved sidewalk cafe.
ill Beaches. Commercial handbills shall not be distributed on any City beach
east of the dunes.
~ib.l Penalties for commercial handbill violations. If a violation of this section resulted
from the throwing, discarding, placing, or depositing, or causing to be thrown, discarded, placed,
or deposited, of commercial handbills as litter in violation of subsection (b). or resulted from a
violation of subsection (g), then the following civil fines shall be imposed. The special master
shall not have discretion to alter these prescribed penalties except as to the per handbill fine of
$50.00 provided in subsection (f)(1).
(1) If the offense is the first offense, $100.00 fine ... plus $50.00 per handbill for
a violation of subsection (b);
5
449
(2) If the offense is the second offense within the preceding 12 months,
$500.00 fine.~. plus $50.00 per handbill for a violation of subsection (b);
(3) If the offense is the third or subsequent offense within the preceding 12
months, $1,500.00 fine.~. plus $50.00 per handbill for a violation of
subsection (b);
(4) Notwithstanding subsections ~.(!]}.(1)-(3), no person or benefactor shall
receive more than one offense within any one-day period, however, the
$50.00 per handbill fine shall apply to all littered handbills found during
that one-day period for a violation of subsection (b).
t§t.ill Commercial handbill presumption. At any prosecution for violation of this section
when the litter involved is a commercial handbill, if ten or more commercial handbills advertising
the same business are found in plain view as litter under circumstances that make it more likely
than not that the commercial handbills were placed there, or caused to be placed there, by an
agent, employee, contractor, promoter, or other representative of the business advertised on the
face of the commercial handbills, the special master shall apply a rebuttable presumption that
the business advertised on the face of the handbills threw, discarded, placed or deposited the
commercial handbills as litter.
Will Securing of commercial handbill litter by the city. If a person is found littering
with commercial handbills, the code compliance officer is authorized to seize, for use as
evidence in the prosecution of the violator before the special master, all commercial handbills in
the possession of the violator.
fitill Removal of litter by the citv. The city may cause the removal, at the violator's
expense, of all litter distributed or placed in violation of this section.
[Note: former subsection U) has been moved to subsection (a)]
Will Enforcement by code compliance officers; notice of violation. If a code
compliance officer finds a violation of this article, such code compliance officer shall issue a
notice of violation to the violator as provided in chapter 30. The notice shall inform the violator of
the nature of the violation, amount of fine for which the violator may be liable, instructions and
due date for paying the fine, notice that the violation may be appealed by requesting an
administrative hearing within 20 days after service of the notice of violation, and that failure to
do so shall constitute an admission of the violations and waiver of the right to a hearing.
fiH.!!ll Rights of violators; payment of fine; right to appeal; 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; or
b. Request an administrative hearing before a special master
appointed by the city commission upon recommendation of the city
manager to appeal the decision of the code compliance officer which
resulted in the issuance of the notice of violation.
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450
(2) The procedures for appeal by administrative hearing of the notice of
violation shall be as set forth in sections 1 02-384 and 1 02-385 of the City
Code.
(3) If the named violator after notice fails to pay the civil fine or fails to timely
request an administrative hearing before a special master, the special
master shall be informed of such failure by report from the code
compliance officer. Failure of the named violator to appeal the decision of
the code compliance officer within the prescribed time period shall
constitute a waiver of the violator's right to administrative hearing before
the special master. A waiver of the right to an administrative hearing shall
be treated as an admission of the violation and penalties may be
assessed accordingly.
(4) Any party aggrieved by the decision of the special master may appeal the
decision in accordance with law.
tmtilll Recovery of unpaid fines; unpaid fines to constitute a lien; foreclosure.
(1) The city may institute proceedings in a court of competent jurisdiction to
compel payment of civil fines.
(2) A certified copy of an order imposing a civil fine may be recorded in the
public records and thereafter shall constitute a lien upon any other 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 personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. After two months from the
filing of any such lien which remains unpaid, the city may foreclose or
otherwise execute upon the lien.
W.(Ql Planning Board authoritv. Nothing in this article shall limit or restrict any
condition or limitation imposed by the planning board.
tei.(Ql Injunctive relief As an additional means of enforcement, the city may seek
injunctive relief and/or follow procedures to revoke a business tax receipt and/or certificate of
use as set forth in chapters 14, 18 and 102 of the City Code when there are more than three
offenses by the same violator within a calendar year.
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 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.
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451
SECTION 3. Severability.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. Effective Date.
This Ordinance shall take effect the day of--------' 2012.
PASSED and ADOPTED this day of _________ , 2012.
ATTEST:
Robert Parcher, City Clerk
Underline denotes additions
Stril~ethrough denotes deletions
Matti Herrera Bower, Mayor
H:\Code Compliance\Fiyers\Commercial Handbills and Litter NCAC 2 27 12.docx
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452
Appendix
"A"
THIS PAGE INTENTIONALLY LEFT BLANK
454
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending the Classified Employees Salary Ordinance (No. 789) as follows: providing for members of the
American Federation of State, County and Municipal Employees (AFSCME) Local 1554, in accordance with the
negotiated Collective Bargaining Agreement (CBA), 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 AFSCME 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 CBA negotiated with AFSCME, by amending the Classified Employees Salary
Ordinance to provide an across the board COLA of three percent (3%) to all AFSCME employees, and a three percent
(3%) increase to the minimum and maximum of each AFSCME 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 for AFSCME employees effective with the first pay period ending in April2012; and changing the minimum and
maximum of the AFSCME pay ranges. The AFSCME Collective Bargaining Agreement that was ratified by the·
Commission in 2010 included a three percent (3%) COLA for AFSCME employees and the adjustment of the AFSCME
pay ranges. The AFSCME COLA amount was budgeted and approved by the City Commission as part of the
FY2011/2012 budget process. Ratified collective bargaining agreements are legally binding and enforceable. Disputes
involving labor contracts can be litigated through grievances and arbitrations, unfair labor practice charges before the
Public Employees Relations Commission (PERC), and lawsuits, all of which involve potential money or other remedies
and defense costs. The Administration recommends the City Commission approve the Ordinance on first reading, and
set a second reading, public hearing for April 11, 2012.
Financial Information:
Sourceo~ Amount Account Approved
Funds: 1 $240,000 Included in various Departmental salary
if budgets for FY 2011/2012
OBPI Total $240,000 Included in various Departmental salary
budgets for FY 2011/2012
Financial Impact Summary: The COLA for the AFSCME employees represents an impact of approximately
$240,000 to the City's FY2011/2012 operating budget. This amount was budgeted and approved by the City
Commission as part of the FY2011/2012 bud_g_et psocess.
Clerk's Office Le islative Trackin
Ramiro lnguanzo, Human Resources Director
Si n-Offs:
ce MIAMI BEACH
455
City Manager
Jorge M. Gonzale
AGENDA ITEM R5 L I
DATE 3-lf-/ z.._
~ 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 th City Commission
FROM: City Manager Jorge M. Gonzalez
DATE: March 21, 2012 FIRST READING
SUBJECT: American Federation of State, Cou and Municipal Employees (AFSCME)
Local 1554 Cost-of-Living Adjustment (COLA)
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, IN ACCORDANCE WITH THE NEGOTIATED
COLLECTIVE BARGAINING AGREEMENT, 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
This Ordinance was scheduled for first reading on February 8, 2012, but was deferred to
the February 24, 2012 special City Commission meeting. At the February 24 special City
Commission meeting, the item was deferred to the March 21, 2012 City Commission
meeting. The Administration recommends that the City Commission approve the
Ordinance on first reading, and set a second reading and public hearing for April 11,
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;
• Group Ill -Represented by the International Association of Firefighters (IAFF) Local
1510;
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City Commission Memorandum
March 21, 2012
AFSCME Classified Salary Ordinance
Page 2 of3
• Group IV -Represented by the Communications Workers of America (CWA) Local
3178; and
• Group V -Represented by the Government Supervisors Association of Florida
(GSAF), OPEIU, Local100.
In addition, the City has one (1) unrepresented Classified employee group, Group VI,
comprising all other classifications in the Classified Service not covered by a bargaining
unit. This group is commonly referred to in the City of Miami Beach as the "Others".
By way of background, in 2010 the City and AFSCME reached an agreement to amend
the prior three-year Collective Bargaining Agreement. The successor three-year
Agreement was approved by the AFSCME bargaining unit members and ratified by the
City Commission on July 14, 2010.
In order to attain the City Commission's goal of approximately $15 million in savings
from employee concessions applicable towards FY2009/201 0 and FY201 0/2011 for all
Classified and Unclassified employees, the AFSCME Agreement contained the following
provisions as cost savings components:
• No cost-of-living adjustments (COLAs) for the first two and one-half (2 %) years of
the Agreement; and
• No merit increases from May 1, 2010 through April 30, 2012. When the merits
resume, the maximum will be two percent (2%) instead of the previous maximum of
four percent (4%).
An across the board COLA of three percent (3%) for AFSCME employees was
negotiated, effective with the first full pay period ending in April 2012 (approximately six
(6) months into FY2011/2012). Correspondingly, as stipulated in the Agreement, the
minimum and maximum of each pay range would increase effective the first full pay
period ending in April 2012.
Based on the provision of the Collective Bargaining Agreement between AFSCME and
the City, 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
FY2011/2012), for AFSCME employees; increasing the minimum and maximum of each
AFSCME 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 Consumer Price Index (CPI) for the Miami-
Fort Lauderdale area as of December 2011, which was 3.1 %, as well as the COLA
adjustment provided by the U.S. Federal Government to all Social Security beneficiaries
in January 2012, which was 3.6%.
No AFSCME employee who separated from employment with the City prior to the date
of implementation of the COLA effective the first full pay period ending in April 2012 will
be eligible to receive this COLA increase.
457
City Commission Memorandum
March 21, 2012
AFSCME Classified Salary Ordinance
Page 3 of3
The COLA for AFSCME employees represents an impact of approximately $240,000 to
the City's FY2011/2012 operating budget. This estimate was compiled during the
preparation for the collective bargaining negotiations process that began in 2009 for the
Collective Bargaining Agreement that is currently in effect, and although the figure does
not take into consideration current turnover rates, we anticipate the impact to be
minimal. The $240,000 amount was discussed, budgeted and approved by the City
Commission as part of the FY2011/2012 budget process.
The AFSCME Collective Bargaining Agreement that was ratified by the City Commission
in 2010 included three percent (3%) COLAs and the adjustment of the corresponding
AFSCME salary ranges. Ratified labor agreements are legally binding and enforceable.
Disputes involving collective bargaining agreements can be litigated through grievances
and arbitrations, unfair labor practice charges before the Public Employees Relations
Commission (PERC), and lawsuits, all of which involve potential money or other
remedies and defense costs.
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
AFSCME employees, and increasing the minimum and maximum of each AFSCME 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 April11, 2012.
T:\AGENDA\2012\3-21-12\COLA-AFSCME MEMO CLASSIFIED EMPLOYEES.doc
458
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, IN
ACCORDANCE WITH THE NEGOTIATED COLLECTIVE
BARGAINING AGREEMENT, 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, 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 151 0; Group IV represented by the Communications Workers
of America (CWA) Local 3178; Group V represented by the Government Supervisors
Association of Florida (GSAF), OPEIU, Local 100; and Group VI comprising of all other
classifications in the Classified Service not covered by a bargaining unit (commonly
referred to as "OTHERS"); and
WHEREAS, the City of Miami Beach has approximately 1 ,487 Classified
employees of which, approximately 418 of these employees are covered by the
AFSCME Local 1554 (Group I); and
WHEREAS, in 2010 the City and AFSCME reached agreement to amend the
prior three-year collective bargaining agreement (CBA); and
WHEREAS, the successor three-year CBA between the City and AFSCME was
approved by the corresponding bargaining unit members and ratified by the City
Commission on July 14, 201 0; and
WHEREAS, in order to attain the City Commission's goal of approximately $15
million savings in employee concessions for FY2009/201 0 and FY201 0/2011, the
AFSCME CBA contained the following provisions as cost savings components: no cost-
1
459
of-living adjustments (COLA) for the first two and one-half (2 %) years of the agreement;
no merit increases for bargaining unit employees represented by AFSCME from May 1,
2010 through April 30, 2012; and when the merits resume, the maximum will be two
percent (2%) instead of the previous maximum of four percent (4%): and
WHEREAS, an across the board COLA of three percent (3%) for all Classified
employees represented by AFSCME 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 employees represented by AFSCME
is in compliance with the negotiated CBA; and
WHEREAS, the COLA listed herein for employees represented by AFSCME is
consistent with the negotiated COLA for the other Classified employees represented by
a bargaining unit ((CWA, GSAF, FOP and IAFF) Groups II through V); and
WHEREAS, no Classified employee represented by AFSCME 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
represented by AFSCME 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: Effective the first full pay period ending in April 2012, the minimum
and the maximum biweekly pay ranges for the classifications represented by AFSCME
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:
[THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK]
2
460
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
42,92~
3Q,8QQ
3e,382
33,483
3Q,788
28,334
2e,Q7e
23,9Qe
22,Q84
2Q,324
MINIMUM
BIWEEKLY
1,700
1,565
1,440
1,325
1,220
1,122
1,033
951
MAXIMUM
BIWEEKLY
e9,32Q 2,746
e3,7Q7 2,527
88,7~2 2,326
84,Q3~ 2,140
49,728 1,970
48,7eQ 1,813
42,~~4 1,668
38,787 1,535
38,ee8
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 MINIMUM MAXIMUM
HOURLY HOURLY HOURLY
RATE RATE RATE
WITH WITHOUT
HEALTH HEALTH
BENEFITS BENEFITS
~ 10.94 12.17 17.66
1 10.72 12.17 16.25
3
461
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
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
4
462
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.
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
5
463
Classified employees represented by AFSCME 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.
ATTEST:
Robert Parcher, City Clerk
Matti Herrera Bower, Mayor
APPROVED AS TO FORM & LANGUAGE
& FOR EXECUTION ~~~ City Attorney Date
T:\AGENDA\2012\3-21-12\COLA-ORDINANCE-AFSCME 3-21-12 First Reading.docx
6
464
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending the Classified Employees Salary Ordinance (No. 789) as follows: providing for members of the
Miami Beach Fraternal Order of Police (FOP) William Nichols Lodge No. 8, in accordance with the negotiated Collective
Bargaining Agreement (CBA), 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
FOP 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 CBA negotiated with FOP, by amending the Classified Employees Salary
Ordinance to provide an across the board COLA of three percent (3%) to all FOP employees, and a three percent
(3%) increase to the minimum and maximum of each FOP 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 for FOP employees effective with the first pay period ending in April 2012; and changing the minimum and
maximum of the FOP pay ranges. The FOP Collective Bargaining Agreement that was ratified by the Commission in
2010 included a three percent (3%) COLA for FOP employees and the adjustment of the FOP pay ranges. The FOP-
COLA amount was budgeted and approved by the City Commission as part of the FY2011/2012 budget process.
Ratified collective bargaining agreements are legally binding and enforceable. Disputes involving labor contracts can be
litigated through grievances and arbitrations, unfair labor practice charges before the Public Employees Relations
Commission (PERC), and lawsuits, all of which involve potential money or other remedies and defense costs. The
Administration recommends the City Commission approve the Ordinance on first reading, and set a second reading,
public hearing for April11, 2012.
Financial Information:
Source of ~ Amount Account Approved
Funds: u~ 1 $590,000 Included in various Departmental salary
f budgets for FY 2011/2012
OBPI Total $590,000 Included in various Departmental salary
budgets for FY 2011/2012
Financial Impact Summary: The COLA for the FOP employees represents an impact of approximately $590,000
to the City's FY2011/2012 operating budget. This amount was budgeted and approved by the City Commission as
part of the FY2011/2012 budget process.
Clerk's Office le islative Trackin
Ramiro lnguanzo, Human Resources Director
Si n-Offs:
Department Director
Ramiro lnguanzo
T:\AGENDA\2012\3-21-12\CO
fi MIAMI BEACH
465
City Manager
AGENDA ITEM H 5 L 2
DATE 2-:Z)-I 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. Gonzale
DATE: March 21,2012 FIRST READING
SUBJECT: Fraternal Order of Police (FOP) illiam Nichols Lodge No. 8 Cost-of-Living
Adjustment (COLA)
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 II, REPRESENTED BY THE FRATERNAL
ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8, IN
ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING
AGREEMENT, 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 FOP PAY RANGE; REPEALING
ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN
EFFECTIVE DATE AND CODIFICATION.
RECOMMENDATION
This Ordinance was scheduled for first reading on February 8, 2012, but was deferred to
the February 24, 2012 special City Commission meeting. At the February 24 special City
Commission meeting, the item was deferred to the March 21, 2012 City Commission
meeting. The Administration recommends that the City Commission approve the
Ordinance on first reading, and set a second reading and public hearing for April 11,
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;
• 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
466
City Commission Memorandum
March 21,2012
FOP Classified Salary Ordinance
Page 2 of3
• Group V -Represented by the Government Supervisors Association of Florida
(GSAF), OPIU, Local 100.
In addition, the City has one (1) unrepresented Classified employee group, Group VI,
comprising all other classifications in the Classified Service not covered by a bargaining
unit. This group is commonly referred in the City of Miami Beach to as the "Others."
By way of background, in 201 0 the FOP reached an agreement to amend the prior
three-year Collective Bargaining Agreement. The successor three-year Agreement was
ratified by the City Commission on July 14, 2010 and subsequently approved by the
FOP bargaining unit members.
In order to attain the Commission's goal of approximately $15 million in savings from
employee concessions applicable towards FY2009/201 0 and FY201 0/2011 for all
Classified and Unclassified employees, the Agreement contained no cost-of-living
adjustments (COLAs) for the first two and one-half (2 %) years of the Agreement.
An across the board COLA of three percent (3%) for all FOP employees was negotiated,
effective with the first full pay period ending in April 2012 (approximately six (6) months
into FY2011/2012). Correspondingly, as stipulated in the FOP Collective Bargaining
Agreement, the minimum and maximum of each pay range would increase effective the
first full pay period ending in April 2012.
Based on the provision of the Collective Bargaining Agreement between the City and the
FOP, 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
FY2011/2012), for all FOP employees; increasing the minimum and maximum of each
FOP 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 Consumer Price Index (CPI) for the Miami-
Fort Lauderdale area as of December 2011, which was 3.1 %, as well as the COLA
adjustment provided by the U.S. Federal Government to all Social Security beneficiaries
in January 2012, which was 3.6%.
No FOP employee who separated employment from the City prior to the date of
implementation of the COLA effective the first full pay period ending in April 2012, will be
eligible to receive this COLA increase.
The COLA for the FOP employees represents an impact of approximately $590,000 to
the City's FY2011/2012 operating budget This estimate was compiled during the
preparation for the collective bargaining negotiation process that began in 2009 for the
Collective Bargaining Agreement that is currently in effect, and although the figures did
not take into consideration current turnover rates, we anticipate the impact of these
current turnover rates to be minimal. This $590,000 was discussed, budgeted and
approved by the City Commission as part of the FY2011/2012 budget process.
The FOP Collective Bargaining Agreement that was ratified by the City Commission in
2010 included a three percent (3%) COLA and the adjustment of the corresponding FOP
pay ranges. Ratified collective bargaining agreements are legally binding and
467
City Commission Memorandum
March 21,2012
FOP Classified Salary Ordinance
Page 3 of3
enforceable. Disputes involving collective bargaining agreements can be litigated
through grievances and arbitrations, unfair labor practice charges before the Public
Employees Relations Commission (PERC), and lawsuits, all of which involve potential
money or other remedies and defense costs.
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 FOP
employees, and increasing the minimum and maximum of each FOP 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 April 11, 2012.
T:\AGENDA\2012\3-21-12\COLA-FOP MEMO CLASSIFIED EMPLOYEES.doc
468
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 II, REPRESENTED BY THE
FRATERNAL ORDER OF POLICE (FOP) WILLIAM
NICHOLS LODGE NO. 8, IN ACCORDANCE WITH THE
NEGOTIATED COLLECTIVE BARGAINING AGREEMENT,
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 FOP PAY RANGE; REPEALING ALL
ORDINANCES IN CONFLICT; PROVIDING FOR
SEVERABILITY, AN EFFECTIVE DATE AND
CODIFICATION.
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), OPEIU, 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, the City of Miami Beach has approximately 1 ,487 Classified
employees of which, approximately 356 of these employees are currently covered by
the FOP (Group II); and
WHEREAS, in 2010 the City and FOP reached agreement to amend the prior
three-year collective bargaining agreement (CBA); and
WHEREAS, the successor three-year CBA between the City and FOP was
ratified by the City Commission on July 14, 2010 and subsequently approved by the
FOP bargaining unit members; and
WHEREAS, in order to attain the City Commission's goal of approximately
$15 million savings in employee concessions for FY2009/2010 and FY2010/2011,
1
469.
the FOP CBA contained no cost-of-living adjustments (COLAs) for the first two and
one-half (2 %) years of the Agreement; and
WHEREAS, an across the board COLA of three percent (3%) for all
Classified employees represented by FOP 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 employees represented by FOP is
in compliance with the negotiated CBA; and
WHEREAS, the COLA listed herein for employees represented by FOP is
consistent with the negotiated COLA for the other Classified employees represented
by a bargaining unit ((AFSCME, CWA, GSAF, and IAFF) Groups I, Ill, IV and V); and
WHEREAS, no Classified employee represented by FOP 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 represented by FOP 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: Effective the first full pay period ending in April 2012, the
minimum and the maximum biweekly pay ranges for the classifications represented
by FOP 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:
[THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK]
2
470
GROUP II
FRATERNAL ORDER OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8
Salary Ranges and Classification
A. Classification and Salaries
JOB
JOB CLASS
CLASSIFICATION NO. MINIMUM MAXIMUM
BIWEEKLY BIWEEKLY
DETENTION OFFICER 5305 1548.00 11594.44 1903.92 11961.04
LIEUTENANT OF 5009 3230.77 31327.69 3739.62 31851.81
POLICE
POLICE OFFICER 5011 1983.00 21042.49 2791.11 21874.84
POLICE OFFICER 8001 1685.55 1l36.12 1883.85 11940.37
TRAINEE
SERGEANT OF POLICE 5010 2929.30 31017.18 3230.77 31327.69
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 represented by FOP 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
3
471
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.
ATTEST:
Robert Parcher, City Clerk
Matti Herrera Bower, Mayor
APPROVED AS TO FORM & LANGUAGE
& FOR EXECUTION
~~ ~ ~/n/J~->
City Attorney Date
T:\AGENDA\2012\3-21-12\COLA-ORDINANCE-FOP 3-21-12 First Reading.docx
4
472
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending the Classified Employees Salary Ordinance (No. 789) as follows: providing for members of the
Miami Beach International Association of Firefighters (IAFF) Local151 0, in accordance with the negotiated Collective
Bargaining Agreement (CBA), 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
IAFF pay range; repealing all ordinances in conflict; providing for severability, an effective date and codification.
Key Intended Outcome Su_pported:
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 CBA negotiated with IAFF, by amending the Classified Employees Salary
Ordinance to provide an across the board COLA of three percent (3%) to aiiiAFF employees, and a three percent
(3%) increase to the minimum and maximum of each IAFF 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 for IAFF employees effective with the first pay period ending in April 2012; and changing the minimum and
maximum of the IAFF pay ranges. The IAFF Collective Bargaining Agreement that was ratified by the Commission in
2010 included a three percent (3%) COLA for IAFF employees and the adjustment of the IAFF pay ranges. The IAFF
COLA amount was budgeted and approved by the City Commission as part of the FY2011/2012 budget process.
Ratified collective bargaining agreements are legally binding and enforceable. Disputes involving labor contracts can be
litigated through grievances and arbitrations, unfair labor practice charges before the Public Employees Relations
Commission (PERC), and lawsuits, all of which involve potential money or other remedies and defense costs. The
Administration recommends the City Commission approve the Ordinance on first reading, and set a second reading,
public hearing for April 11, 2012.
Financial Information:
SourceofL~ Amount Account Approved
Funds: 1 $290,000 Included in various Departmental salary
OBPI -rf budgets for FY 2011/2012
Total $290,000 Included in various Departmental salary
budgets for FY 2011/2012
Financial Impact Summary: The COLA for the IAFF employees represents an impact of approximately $290,000
to the City's FY2011/2012 operating budget. This amount was budgeted and approved by the City Commission as
part of the FY2011/2012 budget process.
Clerk's Office Le islative Trackin
Ramiro lnguanzo, Human Resources Director
Si n-Offs:
Department Director
Ramiro lnguanzo
MIAMI BEACH
473
City Manager
AGENDA ITEM
DATE
R5L 3
3-2[-{1--
~ 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. Gonzale
DATE: March 21, 2012 FIRST READING
SUBJECT: International Association
Adjustment (COLA)
151 0 Cost-of -Living
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 Ill, REPRESENTED BY THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) LOCAL 1510,
IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING
AGREEMENT, 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 IAFF PAY RANGE; REPEALING
ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN
EFFECTIVE DATE AND CODIFICATION.
RECOMMENDATION
This Ordinance was scheduled for first reading on February 8, 2012, but was deferred to
the February 24, 2012 special City Commission meeting. At the February 24 special City
Commission meeting, the item was deferred to the March 21, 2012 City Commission
meeting. The Administration recommends that the City Commission approve the
Ordinance on first reading, and set a second reading and public hearing for April 11,
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;
• Group Ill -Represented by the International Association of Firefighters (IAFF) Local
1510;
474
City Commission Memorandum
March 21,2012
IAFF Classified Salary Ordinance
Page 2 of3
• Group IV -Represented by the Communications Workers of America (CWA) Local
3178; and
• Group V -Represented by the Government Supervisors Association of Florida
(GSAF), OPEIU, Local100.
In addition, the City has one (1) unrepresented Classified employee group, Group VI,
comprising all other classifications in the Classified Service not covered by a bargaining
unit. This group is commonly referred to in the City of Miami Beach as the "Others."
By way of background, in 2010 the City and the IAFF reached an agreement to amend
the prior three-year Collective Bargaining Agreement. The successor three-year
Agreement was approved by the IAFF bargaining unit members and ratified by the City
Commission on July 14, 2010.
In order to attain the City Commission's goal of approximately $15 million in savings
from employee concessions applicable towards FY2009/201 0 and FY201 0/2011 for all
Classified and Unclassified employees, the Agreement contained no cost-of-living
adjustments (COLAs) for the first two and one-half (2 %) years of the Agreement.
An across the board COLA of three percent (3%) for all IAFF employees was negotiated,
effective with the first full pay period ending in April 2012 (approximately six (6) months
into FY2011/2012). Correspondingly, as stipulated in the IAFF Collective Bargaining
Agreement, the minimum and maximum of each pay range would increase effective the
first full pay period ending in April 2012.
Based on the provision of the Collective Bargaining Agreement between the City and the
IAFF, 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
FY2011/2012), for all IAFF employees; increasing the minimum and maximum of each
IAFF 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 Consumer Price Index (CPI) for the Miami-
Fort Lauderdale area as of December 2011, which was 3.1 %, as well as the COLA
adjustment provided by the U.S. Federal Government to all Social Security beneficiaries
in January 2012, which was 3.6%.
No IAFF employee who separated from employment with the City prior to the date of
implementation of the COLA effective the first full pay period ending in April 2012 will be
eligible to receive this COLA increase.
The COLA for the IAFF employees represents an impact of approximately $290,000 to
the City's FY2011/2012 operating budget This estimate was compiled during the
preparation for the IAFF collective bargaining negotiations process that began in 2009
for the Collective Bargaining Agreement that is currently in effect, and although the
figures did not take into consideration current turnover rates, we anticipate the impact of
these current turnover rates to be minimal. The $290,000 was discussed, budgeted and
approved by the City Commission as part of the FY2011/2012 budget process.
475
City Commission Memorandum
March 21, 2012
IAFF Classified Salary Ordinance
Page 3 of3
The IAFF Collective Bargaining Agreement that was ratified by the City Commission in
2010 included a three percent (3%) COLA and the adjustment of the corresponding IAFF
pay ranges. Ratified collective bargaining agreements are legally binding and
enforceable. Disputes involving collective bargaining agreements can be litigated
through grievances and arbitrations, unfair labor practice charges before the Public
Employees Relations Commission (PERC), and lawsuits, all of which involve potential
money or other remedies and defense costs.
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 aiiiAFF
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 April 11, 2012.
T:\AGENDA\2012\3-21-12\COLA-IAFF MEMO CLASSIFIED EMPLOYEES.doc
476
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 Ill, REPRESENTED BY THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS (IAFF) LOCAL 1510, IN
ACCORDANCE WITH THE NEGOTIATED COLLECTIVE
BARGAINING AGREEMENT, 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 IAFF PAY RANGE; REPEALING ALL
ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY,
AN EFFECTIVE DATE AND CODIFICATION.
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), OPEIU, Local 100; and Group VI comprising of all other
classifications in the Classified Service not covered by a bargaining unit (commonly
referred to as "OTHERS"); and
WHEREAS, the City of Miami Beach has approximately 1 ,487 Classified
employees of which, approximately 188 of these employees are currently covered by
the IAFF (Group Ill); and
WHEREAS, in 2010 the City and IAFF reached agreement to amend the prior
three-year collective bargaining agreement (CBA); and
WHEREAS, the successor three-year CBA between the City and IAFF was
approved by the corresponding bargaining unit members and subsequently ratified by
the City Commission on July 14, 2010; and
WHEREAS, in order to attain the City Commission's goal of approximately $15
million savings in employee concessions for FY2009/201 0 and FY201 0/2011, the IAFF
CBA contained no cost-of-living adjustments (COLAs) for the first two and one-half (2
%) years of the Agreement; and
1
477
WHEREAS, an across the board COLA of three percent (3%) for all Classified
employees represented by IAFF 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 employees represented by IAFF is in
compliance with the negotiated CBA; and
WHEREAS, the COLA listed herein for employees represented by IAFF is
consistent with the negotiated COLA for the other Classified employees represented by
a bargaining unit ((AFSCME, CWA, FOP and GSAF) Groups I, II, IV and V)); and
WHEREAS, no Classified employee represented by IAFF who left the City prior
to the date of implementation of the COLA effective the first full pay period ending in
April2012 will be eligible for this COLA increase; and
WHEREAS, there is a need to amend the salary ranges of Classified employees
represented by IAFF 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: Effective the first full pay period ending in April 2012, the minimum
and the maximum biweekly pay ranges for the classifications represented by IAFF 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:
[THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK]
2
478
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 31491.66 3739.62 31851.81
FIRE CAPTAIN 5105 3926.60 41044.40 4329.08 41458.95
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 represented by IAFF 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.
3
479
PASSED and ADOPTED this __ day of ________ , 2012.
ATTEST:
Robert Parcher, City Clerk
Matti Herrera Bower, Mayor
APPROVED AS TO FORM & LANGUAGE
& FOR EXECUTION
~P~fy 1/tv/1~
City Attorney Date
T:\AGENDA\2012\3-21-12\COLA-ORDINANCE-IAFF 3-21-12 FirstReading.docx
4
480
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending the Classified Employees Salary Ordinance (No. 789) as follows: providing for members ofthe
Communications Workers of America (CWA) Local 3178, in accordance with the negotiated Collective Bargaining
Agreement (CBA), 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 CWA 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 CBA negotiated with CWA, by amending the Classified Employees Salary
Ordinance to provide an across the board COLA of three percent (3%) to all CWA employees, and a three percent
(3%) increase to the minimum and maximum of each CWA 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 for CWA employees effective with the first pay period ending in April 2012; and changing the minimum and
maximum of the CWA pay ranges. The CWA Collective Bargaining Agreement that was ratified by the Commission in
2010 included a three percent (3%) COLA forCWAemployees and the adjustment of the CWA pay ranges. The CWA
COLA amount was budgeted and approved by the City Commission as part of the FY2011/2012 budget process.
Ratified collective bargaining agreements are legally binding and enforceable. Disputes involving labor contracts can be
litigated through grievances and arbitrations, unfair labor practice charges before the Public Employees Relations
Commission (PERC), and lawsuits, all of which involve potential money or other remedies and defense costs. The
Administration recommends the City Commission approve the Ordinance on first reading, and set a second reading,
public hearing for April 11, 2012.
Adviso Board Recommendation:
Discussed and approved by the Finance and Citywide Projects Committee at the June and July 2011 budget-related
meetin s as well as b the Ci Commission at the Se tember 2011 bud et commission meetin s.
Financial Information:
Source of L..~ Amount Account Approved
Funds: 1 $390,000 Included in various Departmental salary
Tf budgets for FY 2011/2012
OBPI Total $390,000 Included in various Departmental salary
budgets for FY 2011/2012
Financial Impact Summary: The COLA for the CWA employees represents an impact of approximately $390,000
to the City's FY2011/2012 operating budget. This amount was budgeted and approved by the City Commission as
part of the FY2011/2012 budget process.
Clerk's Office le islative Trackin
Ramiro lnguanzo, Human Resources Director
Si n-Offs:
MIAMI BEACH
481
City Manager
AGENIDAITEM
DATE
~ 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
DATE: March 21, 2012 FIRST READING
SUBJECT: Communications Workers of
Adjustment (COLA)
3178 Cost-of-Living
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 IV, REPRESENTED BY THE
COMMUNICATIONS WORKERS OF AMERICA (CWA) LOCAL 3178, IN
ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING
AGREEMENT, 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
This Ordinance was scheduled for first reading on February 8, 2012, but was deferred to
the February 24, 2012 special City Commission meeting. At the February 24 special City
Commission meeting, the item was deferred to the March 21, 2012 City Commission
meeting. The Administration recommends that the City Commission approve the
Ordinance on first reading, and set a second reading and public hearing for April 11,
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;
• Group Ill -Represented by the International Association of Firefighters (IAFF) Local
1510;
482
City Commission Memorandum
March 21, 2012
CWA Classified Salary Ordinance
Page 2 of3
• Group IV -Represented by the Communications Workers of America (CWA) Local
3178; and
• Group V -Represented by the Government Supervisors Association of Florida
(GSAF), OPEIU, Local100.
In addition, the City has one (1) unrepresented Classified employee group, Group VI,
comprising all other classifications in the Classified Service not covered by a bargaining
unit. This group is commonly referred to in the City of Miami Beach as the "Others".
By way of background, in 2010 the City and the CWA reached an agreement to amend
the prior three-year Collective Bargaining Agreement. The successor three-year
Agreement was approved by the CWA bargaining unit members and ratified by the City
Commission on October 27, 2010.
In order to attain the Commission's goal of approximately $15 million in savings from
employee concessions applicable towards FY2009/201 0 and FY201 0/2011 for all
Classified and Unclassified employees, the CWA Agreement contained the following
provisions as cost savings components:
• No cost-of-living adjustments (COLAs) for the first two and one-half (2 %) years of
the Agreement; and
• Commencing October 1, 2010, no merit increases for CWA bargaining unit
employees.
An across the board COLA of three percent (3%) for all CWA employees was
negotiated, effective with the first full pay period ending in April 2012 (approximately six
(6) months into FY2011/2012). Correspondingly, as stipulated in the CWA Collective
Bargaining Agreement, the minimum and maximum of each corresponding CWA pay
range would increase effective the first full pay period ending in April 2012.
Based on the provisions of the Collective Bargaining Agreement between the City and
the CWA, 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
FY2011/2012), for all CWA employees; increasing the minimum and maximum of each
CWA 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 Consumer Price Index (CPI) for the Miami-
Fort Lauderdale area as of December 2011, which was 3.1 %, as well as the COLA
adjustment provided by the U.S. Federal Government to all Social Security beneficiaries
in January 2012, which was 3.6%.
No CWA employee who separated from employment with the City prior to the date of
implementation of the COLA effective the first full pay period ending in April 2012 will be
eligible to receive this COLA increase.
483
City Commission Memorandum
March 21, 2012
CWA Classified Salary Ordinance
Page 3 of3
The COLA for the CWA employees represents an impact of approximately $390,000 to
the City's FY2011/2012 operating budget. This estimate was compiled during the
preparation for the collective bargaining negotiations process that began in 2009 for the
Collective Bargaining Agreement that is currently in effect, and although the figures did
not take into consideration current turnover rates, we anticipate the impact of these
turnover rates to be minimal. The $390,000 was discussed, budgeted and approved by
the City Commission as part of the FY2011/2012 budget process.
The CWA Collective Bargaining Agreement that was ratified by the City Commission in
2010 included three percent (3%) COLAs and the adjustment of the ranges. Ratified
collective bargaining agreements are legally binding and enforceable. Disputes involving
collective bargaining agreements can be litigated through grievances and arbitrations,
unfair labor practice charges before the Public Employees Relations Commission
(PERC), and lawsuits, all of which involve potential money or other remedies and
defense costs.
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 CWA
employees, and increasing the minimum and maximum of each CWA 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 April 11, 2012.
T:\AGENDA\2012\3-21-12\COLA-CWA MEMO CLASSIFIED EMPLOYEES.doc
484
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 IV,
REPRESENTED BY THE COMMUNICATIONS WORKERS OF
AMERICA (CWA) LOCAL 3178, IN ACCORDANCE WITH THE
NEGOTIATED COLLECTIVE BARGAINING AGREEMENT,
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, 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 151 0; Group IV represented by the Communications Workers of
America (CWA) Local 3178; Group V represented by the Government Supervisors
Association of Florida (GSAF), OPEIU, Local 1 00; and Group VI comprising of all other
classifications in the Classified Service not covered by a bargaining unit (commonly
referred to as "OTHERS"); and
WHEREAS, the City of Miami Beach has approximately 1 ,487 Classified
employees of which, approximately 464 of these employees are currently covered by the
CWA (Group IV); and
WHEREAS, in 2010 the City and CWA reached agreement to amend the prior
three-year collective bargaining agreement (CBA); and
WHEREAS, the successor three-year CBA between the City and CWA was
approved by the corresponding bargaining unit members and ratified by the City
Commission on October 27, 2010; and
WHEREAS, in order to attain the City Commission's goal of approximately $15
million savings in employee concessions for FY2009/201 0 and FY201 0/2011, the CWA
CBA 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 agreement; and
1
485
commencing October 1, 2010, no merit increases for CWA bargaining unit employees: and
WHEREAS, an across the board COLA of three percent (3%) for all Classified
employees represented by CWA 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 employees represented by CWA is in
compliance with the negotiated CBA; and
WHEREAS, the COLA listed herein for employees represented by CWA is
consistent with the negotiated COLA for the other Classified employees represented by a
bargaining unit ((AFSCME, GSAF, FOP and IAFF) Groups I, II, Ill and V); and
WHEREAS, no Classified employee represented by CWA 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
represented by CWA 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: Effective the first full pay period ending in April 2012, the minimum
and the maximum biweekly pay ranges for the classifications represented by CWA 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:
[THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK]
2
486
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 H50 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]
3
487
Grade Minimum Maximum Grade Minimum Maximum
H15 Biweekly 11195.66 11731.68 H32 Biweekly 11976.25 31122.23
H16 Biweekly 11231.53 11783.63 H33 Biweekly 21055.30 31247.12
H17 Biweekly 11268.48 11837.14 H34 Biweekly 21137.51 31377.01
H18 Biweekly 11306.53 11892.25 H35 Biweekly 21223.01 31512.09
H19 Biweekly 11345.73 11949.02 H36 Biweekly 21311.93 31652.57
H20 Biweekly 11386.10 21007.49 H37 Biweekly 2z404.41 31798.67
H21 Biweekly 11427.69 21067.71 H50 Biweekly 11522.85 21226.95
H22 Biweekly 11470.52 21129.75 H51 Biweekly 11568.53 21316.02
H23 Biweekly 11514.63 21193.64 H52 Biweekly 11615.59 21408.67
H24 Biweekly 11560.07 21281.38 H53 Biweekly 11664.05 21505.01
H25 Biweekly 11606.87 21372.64 H54 Biweekly 11713.98 21605.21
H26 Biweekly 11655.08 21467.55 H55 Biweekly 11765.40 2z109.42
H27 Biweekly 11704.73 21566.25 H56 Biweekly 11818.35 21538.55
H28 Biweekly 11755.87 21668.90 H57 Biweekly 11872.91 21930.51
H29 Biweekly 11808.55 21775.65 H58 Biweekly 21006.26 21745.71
H30 Biweekly 11862.81 21886.68 H59 Biweekly 21086.51 31169.64
H31 Biweekly 11918.69 3,002.15 H60 Biweekly 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
4
488
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 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.
5
489
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 prov1s1on 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 represented by CWA 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.
ATTEST:
Robert Parcher, City Clerk
Matti Herrera Bower, Mayor
APPROVED AS TO FORM & LANGUAGE
& FOR EXECUTION
~~'¥~ ?(tv/;v
City Attorney Date
T:\AGENDA\2012\3-21-12\COLA-ORDINANCE-CWA 3-21-12 First Reading.docx
6
490
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending the Classified Employees Salary Ordinance (No. 789) as follows: providing for members of the
Government Supervisors Association of Florida (GSAF), OPEIU, Local 100, in accordance with the negotiated
Collective Bargaining Agreement (CBA), 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 GSAF pay range; repealing all ordinances in conflict; providing for severability, an effective date and codification.
Key Intended Outcome Su_m>orted:
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 CBA negotiated with GSAF, by amending the Classified Employees Salary
Ordinance to provide an across the board COLA of three percent (3%) to all GSAF employees, and a three percent
(3%) increase to the minimum and maximum of each GSAF 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 for GSAF employees effective with the first pay period ending in April 2012; and changing the minimum and
maximum of the GSAF pay ranges. The GSAF Collective Bargaining Agreement that was ratified by the Commission in
2010 included a three percent (3%) COLA for GSAF employees and the adjustment of the GSAF pay ranges. The
GSAF COLA amount was budgeted and approved by the City Commission as part of the FY2011/2012 budget process.
Ratified collective bargaining agreements are legally binding and enforceable. Disputes involving labor contracts can be
litigated through grievances and arbitrations, unfair labor practice charges before the Public Employees Relations
Commission (PERC}, and lawsuits, all of which involve potential money or other remedies and defense costs. The
Administration recommends the City Commission approve the Ordinance on first reading, and set a second reading,
12_ublic hearing for April11, 2012.
Adviso Board Recommendation:
Discussed and approved by the Finance and Citywide Projects Committee at the June and July 2011 budget-related
meetin s as well as b the Ci Commission at the Se tember 2011 bud et commission meetin s.
Financial Information:
Source of 1._;-f\~ Amount Account Approved
Funds: 1 $70,000 Included in various Departmental salary
Tf-
budgets for FY 2011/2012
OBPI Total $70,000 Included in various Departmental salary
budgets for FY 2011/2012
Financial Impact Summary: The COLA for the GSAF employees represents an impact of approximately $70,000
to the City's FY2011/2012 operating budget. This amount was budgeted and approved by the City Commission as
part of the FY2011/2012 budget process.
Clerk's Office Le islative Trackin
Ramiro lnguanzo, Human Resources Director
Si n-Offs:
Department Director
Ramiro lnguanzo
T:\AGENDA\2012\3-21-12\COLA ~GS
MIAMI BEACH
491
City Manager
Jorge
AGENIDAITEM
DATE
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
DATE: March 21, 2012 FIRST READING
SUBJECT: Government Supervisors Associatn;w'l'~ Florida (GSAF), OPEIU, Local 100
Cost-of-Living Adjustment (COLA)
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 V, REPRESENTED BY THE GOVERNMENT
SUPERVISORS ASSOCIATION OF FLORIDA (GSAF), OPEIU, LOCAL 100,
IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING
AGREEMENT, 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
This Ordinance was scheduled for first reading on February 8, 2012, but was deferred to
the February 24, 2012 special City Commission meeting. At the February 24 special City
Commission meeting, the item was deferred to the March 21, 2012 City Commission
meeting. The Administration recommends that the City Commission approve the
Ordinance on first reading, and set a second reading and public hearing for April 11,
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;
• Group Ill -Represented by the International Association of Firefighters (IAFF) Local
1510;
492
City Commission Memorandum
March 21,2012
GSAF Classified Salary Ordinance
Page 2 of3
• Group IV -Represented by the Communications Workers of America (CWA) Local
3178; and
• Group V -Represented by the Government Supervisors Association of Florida
(GSAF), OPEIU, Local100.
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. This group is often referred to in the City of Miami Beach as the
"Others".
By way of background, in 2010 the City and the GSAF reached an agreement to amend
the prior three-year Collective Bargaining Agreement. The successor three-year
Agreement was approved by the GSAF bargaining unit members and ratified by the City
Commission originally in January 13, 2010 and then again on July 14, 2010.
In order to attain the Commission's goal of approximately $15 million savings in
employee concessions for FY 2009/2010 and FY 2010/2011 for all Classified and
Unclassified employees, the GSAF Agreement contained the following provisions as
cost savings components:
• No cost-of-living adjustments (COLAs) for the first two and one-half (2 Y2) years of
the Agreement; and
• No merit increases from October 1, 2009 through September 30, 2011 for GSAF
bargaining unit employees. When the merits resumed, the maximum is now two
percent (2%) instead of the previous maximum of four percent (4%).
An across the board COLA of three percent (3%) for all GSAF employees was
negotiated, effective with the first full pay period ending in April 2012 (approximately six
(6) months into FY 2011/2012). Correspondingly, as stipulated in the Collective
Bargaining Agreement, the minimum and maximum of each corresponding GSAF pay
range would increase effective the first full pay period ending in April 2012.
Based on the provisions of the Collective Bargaining Agreement between the City and
the GSAF, 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 GSAF employees; increasing the minimum and maximum of
each GSAF 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 Consumer Price Index (CPI) for the Miami-
Fort Lauderdale area as of December 2011, which was 3.1 %, as well as the COLA
adjustment provided by the U.S. Federal Government to all Social Security beneficiaries
in January 2012, which was 3.6%.
No GSAF employee who separated their employment with 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.
493
City Commission Memorandum
March 21, 2012
GSAF Classified Salary Ordinance
Page 3 of3
The COLA for the GSAF employees represents an impact of approximately $70,000 to
the City's FY 2011/2012 operating budget. This estimate was compiled during the
preparation for the collective bargaining negotiations process that began in 2009 for the
Collective Bargaining Agreement that is currently in effect, and although the figures do
not take into consideration current turnover rates, we anticipate the impact to be
minimal. The $70,000 was discussed, budgeted and approved by the City Commission
as part of the FY 2011/2012 budget process.
The GSAF Collective Bargaining Agreement that was ratified by the City Commission in
2010 included three percent (3%) COLAs and the adjustment of the corresponding
GSAF pay ranges. Ratified collective bargaining agreements are legally binding and
enforceable. Disputes involving collective bargaining agreements can be litigated
through grievances and arbitrations, unfair labor practice charges before Public
Employees Relations Commission (PERC), and lawsuits, all of which involve potential
money or other remedies and defense costs.
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
GSAF employees, and increasing the minimum and maximum of each GSAF 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 April 11, 2012.
T:\AGENDA\2012\3-21-12\COLA-GSAF MEMO CLASSIFIED EMPLOYEES.doc
494
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 V, REPRESENTED BY THE
GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA
(GSAF), OPEIU, LOCAL 100, IN ACCORDANCE WITH THE
NEGOTIATED COLLECTIVE BARGAINING AGREEMENT,
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, Classified employees are categorized into 6 groups: Group
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), OPEIU, Local 100; and Group VI comprising of all other
classifications in the Classified Service not covered by a bargaining unit (commonly
referred to as "OTHERS"); and
WHEREAS, the City of Miami Beach has approximately 1 ,487 Classified
employees of which, approximately 61 of these employees are currently covered by the
GSAF (Group V); and
WHEREAS, in 2010 the City and GSAF reached agreement to amend the prior
three-year collective bargaining agreement (CBA); and
WHEREAS, the successor three-year CBA between the City and GSAF was
approved by the corresponding bargaining unit members and subsequently ratified by
the City Commission on July 14, 2010; and
WHEREAS, in order to attain the City Commission's goal of approximately $15
million savings in employee concessions for FY 2009/2010 and FY 2010/2011, the
GSAF CBA 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 agreement;
no merit increases for bargaining unit employees represented by GSAF from October 1,
1
495
2009 through September 30, 2011; and when the merits resume, the maximum will be
two percent (2%) instead of the previous maximum of four percent (4%): and
WHEREAS, an across the board COLA of three percent (3%) for all Classified
employees represented by GSAF 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 employees represented by GSAF is in
compliance with the negotiated CBA; and
WHEREAS, the COLA listed herein for employees represented by GSAF is
consistent with the negotiated COLA for the other Classified employees represented by
a bargaining unit ((AFSCME, CWA, FOP and IAFF) Groups I through IV)); and
WHEREAS, no Classified employee represented by GSAF 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
represented by GSAF 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: Effective the first full pay period ending in April 2012, the minimum
and the maximum biweekly pay ranges for the classifications represented by GSAF 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:
[THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK]
2
496
...
"'· -
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
ee,eGG 2,489
a7,82e 2,291
§3,218 2,108
48,97§ 1,940
4a,G71 1,785
41,478 1,643
38,173 1,512
3a,13G 1,392
32,33Q 1,281
29,7§3 1,179
MAXIMUM
BIWEEKLY
1Q1 ,482
93,394
8a,9aG
79,Q98
72,793
ee,99G
e1 ,ea4
ae,738
§2,21§
42,768
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
3
497
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.
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 represented by GSAF shall become effective the first full payroll
period in April 2012.
4
498
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.
ATTEST:
Robert Parcher, City Clerk
Matti Herrera Bower, Mayor
APPROVED AS TO FORM & LANGUAGE
& FOR EXECUTION
~~/ 7ftc(l~
City Attorney Date
T:\AGENDA\2012\3-21-12\COLA-ORDINANCE-GSAF 3-21-12 First Reading.docx
5
499
THIS PAGE INTENTIONALLY LEFT BLANK
500
COMMISSION ITEM SUMMARY
Condensed Title:
Alternative A -An Ordinance amending Ordinance No. 789, the Classified Employees Salary Ordinance as follows:
providing for all Unrepresented Classified Employees (commonly referred to as "Others"), 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 Unrepresented Classified Employees pay range; or
Alternative 8 -A Resolution providing for all Unrepresented Classified Employees, effective the first full pay period
ending in April 2012, an across the board COLA of up to three percent (3%) for those Unrepresented Classified
Employees who are not currently at the maximum of the pay range of their job classification; and providing no
adjustment to the minimum and maximum of each pay range.
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); Fraternal Order of Police (FOP); International Association of Firefighters (IAFF);
Communication Workers of America (CWA); and the Government Supervisors Association of Florida (GSAF), by
amending the Classified Employees Salary Ordinance to provide an across the board COLA for Unrepresented
Classified Employees of three percent (3%), with the first full pay period ending April2012?
Item Summary/Recommendation:
Alternative A -An Ordinance amending Ordinance No. 789, the Classified Employees Salary Ordinance as follows: providing
for all Unrepresented Classified Employees, effective the first full pay period ending in April2012, an across the board COLA of
three percent (3%), and a three percent (3%) increase to the minimum and maximum of each Unrepresented Classified
Employees pay range; or Alternative 8 - A Resolution providing for all Unrepresented Classified Employees, effective the first
full pay period ending in Apri12012, an across the board COLA of up to three percent (3%) for those Unrepresented Classified
Employees who are not currently at the maximum of the pay range of their job classification; and providing no adjustment to
the minimum and maximum of each pay range.
The Administration recommends the City Commission approve Alternative A approving the proposed Ordinance amendment
on first reading, and setting a second reading, public hearing for April 11, 2012. However, should the City Commission not
approve Alternative A, the Administration recommends that the Commission adopt Alternative 8, which provides for all
Unrepresented Classified Employees, effective the first full pay period ending in April 2012, an across the board COLA of up to
three percent (3%) for those employees who are not currently at the maximum of the pay range of their job classification; and
providing no adjustment to the minimum and maximum of each pay range.
Adviso Board Recommendation:
Discussed and approved by the Finance and Citywide Projects Committee at the June and July 2011 budget-related
meetin s as well as b the full Commission durin the Se tember 2011 bud et commission meetin s.
Financial Information:
Sourceo~ Amount Account Approved
Funds: Alternatives A or B Approximately Included in various Departmental
-rF $20,000 salary budgets for FY 2011/2012
Financial Impact Summary: The City estimates an impact of approximately $20,000 to the City's FY 2011/2012
operating budget. This amount was budgeted and approved by the City Commission as part of the FY 2011/2012
Budget process.
City Clerk's Office Le islative Trackin :
Ramiro lnguanzo, Director, Human Resources
Sign-Offs:
De artment Director /
Ramiro lnguanzo
T:\AGENDA\2012\3-21-12\
MIAMI BEACH AGENDA JTEM ~...!-t.-...::.---'=:..
DATE --"'--=.!---'-=
501
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 · ity Commission
FROM: City Manager Jorge M. Gonzalez
DATE: March 21, 2012
SUBJECT: Unrepresented Classified
(COLA)
ALTERNATIVE A:
FIRST READING
Cost-of-Living Adjustment
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 VI, BEING ALL CLASSIFICATIONS IN THE
CLASSIFIED SERVICE NOT REPRESENTED BY A BARGAINING UNIT
(COMMONLY REFERRED TO AS "OTHERS"), 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 APPLICABLE PAY RANGE; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND
CODIFICATION.
ALTERNATIVE B:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA PROVIDING FOR ALL CLASSIFICATIONS IN
GROUP VI, BEING ALL CLASSIFIED EMPLOYEES IN THE CLASSIFIED
SERVICE NOT REPRESENTED BY A BARGAINING UNIT (COMMONLY
REFERRED TO AS "OTHERS"), EFFECTIVE THE FIRST FULL PAY
PERIOD ENDING IN APRIL 2012, AN ACROSS THE BOARD COST-OF-
LIVING ADJUSTMENT (COLA) OF UP TO A THREE PERCENT (3%) FOR
THOSE EMPLOYEES WHO ARE NOT CURRENTLY AT THE MAXIMUM OF
THE PAY RANGE OF THEIR JOB CLASSIFICATION; AND PROVIDING NO
ADJUSTMENT TO THE MINIMUM AND MAXIMUM OF EACH PAY RANGE.
RECOMMENDATION
The Administration recommends that the City Commission approve the Ordinance
(Alternative A) on first reading and set a second reading and public hearing for April 11 ,
2012. If the Ordinance is not approved, the Administration recommends that the City
Commission approve the alternate Resolution (Alternative B).
502
City Commission Memorandum
March 21, 2012
Unrepresented Classified employees
Page 2 of6
This Ordinance was scheduled for first reading on February 8, 2012, but was deferred to
the February 24, 2012 special City Commission meeting. At the February 24 special City
Commission meeting, the item was deferred to the March 21, 2012 City Commission
meeting.
BACKGROUND
The City of Miami Beach currently has 18 Unrepresented Classified employees. This
group is commonly referred to in the City of Miami Beach as the "Others".
By way of background, in 2010 the City and its five (5) bargaining units reached
agreements to amend the prior three-year collective bargaining agreements with each of
the five (5) bargaining units in the City. The successor three-year agreements were
approved by the corresponding bargaining unit members and ratified by the City
Commission. In order to attain the City Commission's goal of approximately $15 million
in savings from employee concessions applicable towards FY2009/201 0 and
FY201 0/2011 for all Classified and Unclassified employees, the agreements contained
the following provisions as cost savings components:
• No cost-of-living adjustments (COLAs) for the first two and one-half (2 Y2) years of
the agreements; and
• No merit increases for bargaining unit employees represented by the American
Federation of State, County and Municipal Employees (AFSCME); the
Communication Workers of America (CWA); and the Government Supervisors
Association of Florida (GSAF) 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 Fraternal Order of Police (FOP) and the International
Association of Fire Fighters (IAFF) employee groups continued to receive their five
percent (5%) step increases during this period of time.
Consistent with the concessions negotiated with the represented Classified employees
(employees whose classifications are represented by a union), the City imposed
equivalent COLA and merit freezes on the Unrepresented Classified employees
(Classified employees whose classifications are not represented by a union). The merit
freeze was put into effect for the Unrepresented Classified employees and the
Unclassified employees prior to reaching agreements with the AFSCME, CWA, FOP and
IAFF bargaining units. The merit freezes for the Unrepresented Classified employees,
the Unclassified employees and the GSAF bargaining unit commenced October 1, 2009.
The estimated savings for the two-year merit freeze (FY2009/2010 and FY2010/2011)
for all Unrepresented Classified employees was anticipated to be $78,000.
Given this, there have been no COLAs for any Unrepresented Classified employees
since May 2009 and no merit increases for any Unrepresented Classified employees
since October 2009. In addition, the Unrepresented Classified employees and the
Unclassified employees who participate in the Miami Beach Employees' Retirement Plan
(MBERP) began contributing an additional two percent (2%) of their pensionable salary
towards their pension effective January 18, 2010, thus reducing the City's portion of the
Annual Required Contribution (ARC). The Classified employees represented by the five
503
City Commission Memorandum
March 21, 2012
Unrepresented Classified employees
Page 3 of6
(5) collective bargaining units did not commence the additional two percent (2%)
contribution of their pensionable salary toward their pension until November 27, 2010,
approximately ten (10) months later. From January 18, 2010 to November 27, 2010,
Unrepresented Classified employees contributed an additional approximate $16,287 to
offset the City's pension contribution.
ALTERNATIVE A
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 FY2011/2012). Correspondingly, the minimum and
maximum pay ranges 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
FY2011/2012), for all Unrepresented Classified employees; increasing the minimum and
maximum of each Unrepresented Classified employee 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.
No Unrepresented Classified employee who separated from employment from 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 Unrepresented Classified employees is
consistent with those negotiated for the Classified employees covered by the American
Federation of State, County and Municipal Employees (AFSCME); the Fraternal Order of
Police (FOP); the International Association of Firefighters (IAFF); the Communication
Workers of America (CWA); and the Government Supervisors Association of Florida
(GSAF) and would become effective at the same time. This COLA adjustment is also
comparable to the 3.6% COLA that all Social Security beneficiaries commenced
receiving in January 2012.
This adjustment will provide additional incentives and competitiveness to attract and
retain new and existing Unrepresented Classified employees. The City estimated an
impact of $20,000 to the City's FY2011/2012 operating budget for COLAs for
Unrepresented Classified employees. This estimate was compiled during the preparation
for the collective bargaining process, which began in 2009 for the collective bargaining
agreements that are currently in effect. This estimate did not take into account turnover
rates, which have occurred and also included the adjustment to the minimum of the
ranges for temporary employees. This amount was discussed, budgeted and approved
by the City Commission as part of the FY2011/2012 budget process and is budgeted in
the City's FY2011/2012 Adopted Budget.
504
City Commission Memorandum
March 21, 2012
Unrepresented Classified employees
Page 4 of6
ALTERNATIVE B
In 2009, as part of the recommended classification and compensation study, the City's
consultant, Condrey & Associates, made a recommendation regarding the issuance of
periodic market increases (Cost of Living Adjustments). By way of background, the
purpose of the classification and compensation study was to examine the City's job
classifications, make recommendations as they related to the City's classification and
salary plans and appropriately update all job classifications to ensure internal equity and
external competitiveness.
Condrey & Associates recommended a number of personnel cost containment and best
practices strategies to consider along with the classification and compensation plans.
The most significant of these recommendations are provided below. In addition, through
negotiations, a number of these recommendations were implemented and are
referenced below:
(1) Cost of Living Adjustments (COLA)-Periodic market increases, similar to the
COLA the City currently awards, should be limited to the Consumer Price Index
(CPI) for the Miami-Fort Lauderdale area. Such increases should only be
implemented when appropriate and deemed desirable by the City.
(2) Step Increases I Merit Increases -Automatic step increases should be
eliminated for all classifications where steps currently exist. In keeping with salary
and compensation best practices, merit increases in the range of two percent (2%)
to three percent (3%) should be awarded to employees meeting performance
standards and whose current salary is below the maximum of the salary range for
the position they are in. The current classifications in the City which include
automatic step increases are the following: Lifeguard I, II and Lifeguard Lieutenant;
Fire Fighter I, II, Fire Lieutenant, and Fire Captain; and Police Officer, Police
Sergeant, and Police Lieutenant. With regards to merit increases, all other
employee classifications are on a pay-for-performance plan, meaning that
depending on how they perform during an evaluation year period, the employee is
eligible for a merit increase of anywhere between zero and four percent (4%).
• For all classifications in AFSCME, GSAF, Unrepresented Classified and
Unclassified employees, the maximum merit increases for general employees
in the pay-for-performance plan was reduced, and now range from zero to a
maximum of two percent (2%) versus the previous range of zero to a maximum
of four percent (4%).
• Through negotiations with the CWA, the automatic step increases for the
Lifeguard I, II and Lifeguard Lieutenant classifications were eliminated. These
classifications are now on the pay-for-performance plan just like all other
general employees.
(3) Merit Increase For Employees Who Are Above The Maximum Of The Salary
Range -Unlike the City's current practice of not awarding merit increases to those
employees who are maxed out (other than COLA), the City should consider a
policy that once employees reach the maximum of their salary range, a merit
increase, based on performance, should be earned as a lump sum payment (one-
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City Commission Memorandum
March 21, 2012
Unrepresented Classified employees
Page 5 of6
time bonus) rather than being added to the base salary. This will help alleviate
retention and motivation challenges associated with employees who have "maxed-
out" of their pay range.
(4) Overtime-The City should strictly adhere to the overtime provisions in the Fair
Labor Standards Act (FLSA) and eliminate policies that provide more than what the
law requires. In some cases, the City provides for double or triple time the salary
for overtime worked, when FLSA only requires time-and-a-half.
• For all classifications in the CWA, the City negotiated adherence to the
overtime provisions in the FLSA and eliminated policies that provided more
than what the law requires. In some cases, the City provided for double or
triple time the salary for overtime worked, when FLSA only requires time-and-a-
half. A similar adherence to the overtime provisions in the FLSA as was
negotiated with the CWA was implemented on the Unrepresented Classified
employees.
(5) Salary Survey -To make sure that the City's pay structure remains in a
competitive position, the City should conduct a salary survey every four (4) to five
(5) years.
As it relates to COLAs, Condrey recommended that periodic market increases (COLAs)
should be provided but limited to the Consumer Price Index (CPI) for the Miami-Fort
Lauderdale area. The CPI for the Miami-Fort Lauderdale area as of December 2011 was
3.1 %. The COLA adjustment provided by the U.S. Federal Government to all Social
Security beneficiaries in January 2012 was 3.6%. Therefore, it is recommended that the
already budgeted three percent (3%) COLA for Unrepresented Classified employees
should be approved effective the first full pay period in April 2012 for any Unrepresented
Classified employee who is not already at the maximum of the salary range of the
position they currently hold. Currently there is only one (1) Unrepresented Classified
employee who has reached the maximum of their salary range. There are no
Unrepresented Classified employees who are less than three percent (3%) away from
the maximum of their salary range. The remaining seventeen (17) Unrepresented
Classified employees are all more than three percent (3%) away from the maximum of
their salary range. As there is only one (1) Unrepresented Classified employee impacted
by Alternative 8, the financial impact between Alternatives A and 8 are minimal.
Although it has been the City's past practice to provide COLA adjustments to
Unrepresented Classified employees and Unclassified employees consistent with those
negotiated for the Classified employees covered by collective bargaining agreements,
the City Commission may want to implement up to a three percent (3%) across the
board COLA, effective the first full pay period ending April 2012 (six (6) months into the
FY2011/2012), for all Unrepresented Classified employees who are not currently at the
maximum of the pay range of their classification; without adjusting the minimum and
maximum of the salary ranges for each classification.
No Unrepresented Classified employee who separated from City employment prior to
the date of implementation of the proposed COLA, effective the first full pay period
ending in April 2012, will be eligible to receive this COLA increase.
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City Commission Memorandum
March 21, 2012
Unrepresented Classified employees
Page 6 of6
The proposed COLA of up to three percent (3%) for Unrepresented Classified
employees would become effective on the first full pay period ending April 2012, the
same date COLAs were negotiated by the five (5) bargaining units. Further, this
adjustment will provide additional incentives and competitiveness to attract and retain
new and existing Unrepresented Classified employees. It should be noted that while
implementation of Alternative 8 is feasible, the implementation as a policy for
Unrepresented Classified employees may lead to compression issues. These issues
could result in inequities between Unrepresented Classified employees and represented
Classified employees positions, and may lead to difficulty in promoting internal
applicants and may discourage upward mobility.
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
FY2011/2012) for all Unrepresented Classified employees. If Alternative A is approved
on first reading, then the Administration recommends that the second reading be set for
a hearing on April 11, 2012.
If Alternative 8 is approved, then the Administration recommends that the practice of
providing for periodic COLAs without adjusting the minimum and maximum of the salary
ranges for each classification be proposed and negotiated with each of the bargaining
units during the upcoming contract negotiations for the 2012-2015 collective bargaining
agreements to be consistent with the practice begun by the Unrepresented Classified
employees.
T:\AGENDA\2012\3-21-12\COLA-OTHERS CLASSIFIED EMPLOYEES MEMO 1.docx
507
. \
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 VI, BEING
ALL CLASSIFICATIONS IN THE CLASSIFIED SERVICE NOT
REPRESENTED BY A BARGAINING UNIT (COMMONLY
REFERRED TO AS "OTHERS"}, 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 APPLICABLE PAY RANGE;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR
SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION.
WHEREAS, the City of Miami Beach has approximately 18 employees in the
Classified Service who are not represented by a collective bargaining unit (commonly
referred to as "Others") (Group VI); 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 City Commission's goal of approximately $15
million savings in employee concessions for FY2009/201 0 and FY201 0/2011, 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, OPEIU, Local100 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
508
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 AFSCME Local 1554, the FOP William Nichols
Lodge No.8; the IAFF local 1510; the CWA Local 3178; and the GSAF, OPEIU, Local
100;and
WHEREAS, the City's past practice has been to provide COLA increases to
Unrepresented Classified employees and the Unclassified employees, consistent with
the COLA negotiated by the represented Classified employees (Groups I through V);
and
WHEREAS, no Unrepresented Classified employee who separated from
employment with the City prior to the date of implementation of the COLA effective the
first full pay period ending in April2012 will be eligible for this COLA increase; and
WHEREAS, there is a need to amend the salary ranges of the Unrepresented
Classified 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 Classified Salary Ordinance No. 789 shall be amended as follows:
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
2
509
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
aa,Q68 2,182
§Q,678 2,008
46,638 1,848
42,921 1,700
39,aQQ 1,565
36,3§2 1,440
33,4§3 1,325
3Q,788 1,220
28,334 1,122
26,Q76 1,033
23,996 951
22,Q84
2Q,324
MAXIMUM
BIWEEKLY
96,641 3,828
88,94Q 3,523
81,848 3,242
7a,32a 2,984
69,32Q 2,746
63,797 2,527
§8,712 2,326
a4,Q31 2,140
49,72§ 1,970
4a,76Q 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
3
510
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
6
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)
4
511
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
Unrepresented Classified employees shall become effective the first full payroll period in
April2012.
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: APPROVED AS TO FORM & LANGUAGE
& FOR EXECUTION
Robert Parcher, City Clerk
~~4~
City Attorney
T:\AGENDA\2012\3-21-12\COLA-ORDINANCE-OTHERS 3-21-12 FIRST READING.docx
5
512
Date
RESOLUTION NO. ___ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA PROVIDING FOR ALL
CLASSIFICATIONS IN GROUP VI, BEING ALL CLASSIFIED
EMPLOYEES IN THE CLASSIFIED SERVICE NOT REPRESENTED
BY A BARGAINING UNIT (COMMONLY REFERRED TO AS
"OTHERS"), EFFECTIVE THE FIRST FULL PAY PERIOD ENDING IN
APRIL 2012, AN ACROSS THE BOARD COST -OF-LIVING
ADJUSTMENT (COLA) OF UP TO THREE PERCENT (3%) FOR
THOSE EMPLOYEES WHO ARE NOT CURRENTLY AT THE
MAXIMUM OF THE PAY RANGE OF THEIR JOB CLASSIFICATION;
AND PROVIDING NO ADJUSTMENT TO THE MINIMUM AND
MAXIMUM OF EACH PAY RANGE.
WHEREAS, the City of Miami Beach has approximately 18 Unrepresented
Classified employees (this group is commonly referred to as the "Others".); 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 City Commission's goal of approximately $15
million savings from employee concessions applicable towards FY2009/201 0 and
FY201 0/2011, 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 Local1554, CWA Local 3178 and GSAF, OPEIU, Local100 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
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 FY2011/2012); and
513
WHEREAS, as part of the adopted FY2011/2012 operating budget approved by
the City Commission, $20,000 was budgeted for all Unrepresented Classified
employees to receive a three percent (3%) COLA effective with the last full pay period in
April 2012; and a three percent (3%) increase to the minimum and maximum of each
pay range; and
WHEREAS, during the March 21, 2012 City Commission meeting, the
Administration presented to the City Commission an amendment to Ordinance 789, the
Classified Employees Salary Ordinance as "Alternative A", implementing a three
percent (3%) COLA for Unrepresented Classified employees ("Others") effective with
the first full pay period ending in April 2012, and a three percent (3%) increase to the
minimum and maximum of each Unrepresented Classified employee pay range; and
WHEREAS, the City Commission chose not to approve an amendment to
Ordinance No. 789, but instead approved "Alternative 8", which provides up to a three
percent (3%) COLA for those Unrepresented Classified employees ("Others") who are
not currently at the maximum of their pay range for their job classification and not
providing any adjustment to the minimum and maximum of each Unrepresented
Classified employee ("Others") pay range; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that Unrepresented
Classified employees, effective with the first full pay period ending in April 2012, shall
receive an across the board cost-of-living adjustment (COLA) of up to a three percent
(3%) for those employees who are not currently at the maximum of the pay ranger of
their job classification; and providing no adjustment to the minimum and maximum of
each pay range.
PASSED and ADOPTED this __ day of---------' 2012.
ATTEST:
Robert Parcher, City Clerk
Matti Herrera Bower, Mayor
APPROVED AS TO FORM & LANGUAGE
& FOR EXECUTION
!I ~ ~· ~ 3k~/JL
City Attorney Date
T:\AGENDA\2012\3-21-12\COLA-OTHERS EMPLOYEES RESOLUTION-Alternative B.docx
514
COMMISSION ITEM SUMMARY
Condensed Title:
Alternative A-An Ordinance amending Ordinance No. 1605, the Unclassified Employees Salary Ordinance 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; or
Alternative B - A Resolution 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 up to three percent (3%) for those employees who are not
currently at the maximum of the pay range of their job classification; and providing no adjustment to the minimum and
maximum of each pay range.
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); Fraternal Order of Police (FOP); International Association of Firefighters (IAEF);
Communication Workers of America (CWA); and the Government Supervisors Association of Florida (GSAF), by
amending the Unclassified Employees Salary Ordinance to provide an across the board cost-of-living adjustment (COLA)
of three percent (3%), with the first full pay period ending Apri12012?
Item Summary/Recommendation:
Alternative A-An Ordinance amending Ordinance No. 1605, the Unclassified Employees Salary Ordinance 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; or Alternative B-A Resolution 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 up to three percent (3%) for those
employees who are not currently at the maximum of the pay range of their job classification; and providing no adjustment
to the minimum and maximum of each pay range.
The Administration recommends the City Commission approve Alternative A, approving the proposed Ordinance
amendment on first reading, and setting a second reading, public hearing for April 11, 2012. However, should the City
Commission not approve Alternative A, the Administration recommends that the Commission adopt Alternative B, which
provides for all Unclassified employees, effective the first full pay period ending in April2012, an across the board cost-of-
living adjustment (COLA) of up to three percent (3%) for those employees who are not currently at the maximum of the
pay range of their job classification; and providing no adjustment to the minimum and maximum of each pay range.
Adviso Board Recommendation:
Discussed and approved by the Finance and Citywide Projects Committee at the June and July 2011 budget-related
meetin s as well as b the full Commission durin the Se tember 2011 bud et commission meetin s.
Financial Information:
Source of~ Amount Account Approved
Funds: lf'l Alternative A $580,000 Included in various Departmental salary
fr budgets for FY 2011/2012
Alternative B $418,000 Included in various Departmental salary
budgets for FY 2011/2012
Financial Impact Summary: The City estimates an impact of between $418,000 to $580,000 (depending on which
Alternative is adopted) to the City's FY 2011/2012 operating budget. This amount was budgeted and approved by the
City Commission as part of the FY 2011/2012 Budget process.
Ci~ Clerk's Office Legislative Tracking:
Ramiro lnguanzo, Director, Human Resources
Sign-Offs:
De artment Director
Ramiro lnguanzo
MIAMI BEACH
515
AGENDA nEM ......z:::~.t:::.:....L.,__
DATE ---''---__.__-=
~ 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
DATE: March 21,2012 FIRST READING
SUBJECT: Unclassified Employees Cost-of-Living Adjustment (COLA)
ALTERNATIVE A:
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.
ALTERNATIVE B:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA 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 UP TO A THREE PERCENT (3%) FOR THOSE EMPLOYEES
WHO ARE NOT CURRENTLY AT THE MAXIMUM OF THE PAY RANGE OF
THEIR JOB CLASSIFICATION; AND PROVIDING NO ADJUSTMENT TO
THE MINIMUM AND MAXIMUM OF EACH PAY RANGE.
RECOMMENDATION
The Administration recommends that the City Commission approve the Ordinance
(Alternative A) on first reading and set a second reading and public hearing for April 11 ,
2012. If the Ordinance is not approved, the Administration recommends that the City
Commission approve the Resolution (Alternative B).
This Ordinance was scheduled for first reading on February 8, 2012, but was deferred to
the February 24, 2012 special City Commission meeting. At the February 24 special City
Commission meeting, the item was deferred to the March 21, 2012 Commission
meeting.
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March 21, 2012
Unclassified Salary Ordinance
Page 2 of6
BACKGROUND
The City of Miami Beach currently has 401 employees who are considered Unclassified.
These Unclassified positions range from entry level office associates and other
administrative support and clerical positions to entry, middle and senior level supervisory
and management employees. There are a total of 252 Unclassified classifications filled
by the 401 Unclassified employees.
By way of background, in 2010, the City and its bargaining units reached agreements to
amend the prior three-year collective bargaining agreements with each of the five (5)
bargaining units in the City. 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 FY2009/2010 and FY2010/2011 for all Classified and Unclassified
employees, 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); the
Communication Workers of America (CWA); and the Government Supervisors
Association of Florida (GSAF) 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 Fraternal Order of Police (FOP) and the International
Association of Fire Fighters (IAFF) employee groups continued to receive their five
percent (5%) step increases during this period of time.
Consistent with the concessions negotiated with the represented Classified employees
(Classified employees whose classifications are represented by a union), the City
imposed equivalent COLA and merit freezes on the Unrepresented Classified
employees (employees whose classifications are not represented by a union) and all
Unclassified employees. The merit freeze was put into effect for the Unclassified and the
Unrepresented Classified employees prior to reaching agreements with the AFSCME,
CWA, FOP and IAFF bargaining units. The merit freezes for the Unclassified employees,
the Unrepresented Classified employees and the GSAF bargaining unit commenced
October 1, 2009. The estimated savings for the two-year merit freeze (FY2009/201 0 and
FY2010/2011) for all Unclassified employees was approximately $2.4 million.
Given this, there have been no COLAs for any Unclassified employee since May 2009
and no merit increases for any Unclassified employees since October 2009.
Furthermore, since FY2007/2008 the management team (senior level and executive
employees) have only received one (1) merit adjustment. In addition, Unclassified
employees and the Unrepresented Classified employees who participate in the Miami
Beach Employees' Retirement Plan (MBERP) began contributing an additional two
percent (2%) of their pensionable salary towards their pension effective January 18,
2010, thus reducing the City's portion of the Annual Required Contribution (ARC). The
Classified employees represented by the five (5) collective bargaining units did not
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City Commission Memorandum
March 21, 2012
Unclassified Salary Ordinance
Page 3 of6
commence the additional two percent (2%) contribution of their pensionable salary
toward their pension until November 27, 2010, approximately ten (10) months later.
From January 18, 2010 to November 27, 2010 Unclassified employees and the
Unrepresented Classified employees contributed an additional approximately $451,225
to offset the City's pension contribution.
ALTERNATIVE A
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 FY2011/2012). 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
FY2011/2012), 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 separated employment from 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); the Fraternal Order of Police
(FOP); the International Association of Firefighters (IAFF); the Communication Workers
of America (CWA); and the Government Supervisors Association of Florida (GSAF) 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 adjustment 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 FY2011/2012 operating budget for COLAs for all Unclassified
employees. This estimate was compiled during the preparation for the collective
bargaining process, which began in 2009 for the collective bargaining agreements that
are currently in effect. This estimate did not take into account turnover rates, which have
occurred and also included the adjustment to the minimum of the ranges for temporary
employees. This amount was discussed, budgeted and approved by the City
Commission as part of the FY2011/2012 Budget process and is budgeted in the City's
FY2011/2012 Adopted Budget.
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City Commission Memorandum
March 21, 2012
Unclassified Salary Ordinance
Page 4 of6
ALTERNATIVE 8
In 2009, as part of the recommended classification and compensation study, the City's
consultant, Condrey & Associates, made a recommendation regarding the issuance of
periodic market increases (Cost of Living Adjustments). By way of background, the
purpose of the classification and compensation study was to examine the City's job
classifications, make recommendations as they related to the City's classification and
salary plans and appropriately update all job classifications to ensure internal equity and
external competitiveness.
Condrey & Associates recommended a number of personnel cost containment and best
practices strategies to consider along with the classification and compensation plans.
The most significant of these recommendations are provided below. In addition, through
negotiations, a number of these recommendations were implemented and are
referenced below:
(1) Cost of Living Adjustments (COLA)-Periodic market increases, similar to the
COLA the City currently awards, should be limited to the Consumer Price Index
(CPI) for the Miami-Fort Lauderdale area. Such increases should only be
implemented when appropriate and deemed desirable by the City.
(2) Step Increases I Merit Increases -Automatic step increases should be
eliminated for all classifications where steps currently exist. In keeping with salary
and compensation best practices, merit increases in the range of two percent (2%)
to three percent (3%) should be awarded to employees meeting performance
standards and whose current salary is below the maximum of the salary range for
the position they are in. The current classifications in the City which include
automatic step increases are the following: Lifeguard I, II and Lifeguard Lieutenant;
Fire Fighter I, II, Fire Lieutenant, and Fire Captain; and Police Officer, Police
Sergeant, and Police Lieutenant. With regards to merit increases, all other
employee classifications are on a pay-for-performance plan, meaning that
depending on how they perform during an evaluation year period, the employee is
eligible for a merit increase of anywhere between zero and four percent (4%).
• For all classifications in AFSCME, GSAF, Unrepresented Classified and
Unclassified employees, the maximum merit increases for general employees
in the pay-for-performance plan was reduced, and now range from zero to a
maximum of two percent (2%) versus the previous range of zero to a maximum
of four percent (4%).
• Through negotiations with the CWA, the automatic step increases for the
Lifeguard I, II and Lifeguard Lieutenant classifications were eliminated. These
classifications are now on the pay-for-performance plan just like all other
general employees.
(3) Merit Increase For Employees Who Are Above The Maximum Of The Salary
Range -Unlike the City's current practice of not awarding merit increases to those
employees who are maxed out (other than COLA), the City should consider a
policy that once employees reach the maximum of their salary range, a merit
increase, based on performance, should be earned as a lump sum payment (one-
time bonus) rather than being added to the base salary. This will help alleviate
519
City Commission Memorandum
March 21, 2012
Unclassified Salary Ordinance
Page 5 of6
retention and motivation challenges associated with employees who have "maxed-
out" of their pay range.
(4) Overtime-The City should strictly adhere to the overtime provisions in the Fair
Labor Standards Act (FLSA) and eliminate policies that provide more than what the
law requires. In some cases, the City provides for double or triple time the salary
for overtime worked, when FLSA only requires time-and-a-half.
• For all classifications in the CWA, the City negotiated adherence to the
overtime provisions in the FLSA and eliminated policies that provided more
than what the law requires. In some cases, the City provided for double or
triple time the salary for overtime worked, when FLSA only requires time-and-a-
half.
(5) Salary Survey -To make sure that the City's pay structure remains in a
competitive position, the City should conduct a salary survey every four (4) to five
(5) years.
As it relates to COLAs, Condrey recommended that periodic market increases (COLAs)
should be provided but limited to the Consumer Price Index (CPI) for the Miami-Fort
Lauderdale area. The CPI for the Miami-Fort Lauderdale area as of December 2011 was
3.1 %. The COLA adjustment provided by the U.S. Federal Government to all Social
Security beneficiaries in January 2012 was 3.6%. Therefore, it is recommended that the
already budgeted three percent (3%) COLA for Unclassified employees should be
approved effective the first full pay period in April 2012 for any Unclassified employee
who is not already at the maximum of the salary range of the position they currently hold.
For any employee who may be less than three percent (3%) away from the maximum of
the salary range of the position they currently hold, it is recommended that these
employees receive the incremental percentage that would take them to the maximum of
the salary range of their position. Below is a breakdown of the number of employees
who have (1) reached the maximum of the salary range for their position; (2) whose
salaries are less than three percent (3%) away from the maximum of the salary range;
and (3) whose salaries are more than three percent (3%) away from the maximum of the
salary range:
CATEGORY #OF COST OF
EMPLOYEES ALTERNATE B
EMPLOYEES WHO HAVE REACHED THE 54 $0.00
MAXIMUM OF THEIR SALARY RANGE
EMPLOYEES WHOSE SALARIES ARE LESS 9 $7,700
THAN 3 PERCENT (3%) AWAY FROM THE
MAXIMUM OF THEIR SALARY RANGE
EMPLOYEES WHOSE SALARIES ARE MORE 338 $410,000
THAN 3 PERCENT (3%) AWAY FROM THE
MAXIMUM OF THEIR SALARY RANGE.
TOTAL 401 $417,700.00
Although it has been the City's past practice to provide COLA adjustments to
Unrepresented Classified employees and Unclassified employees consistent with those
negotiated for the Classified employees covered by collective bargaining agreements,
520
City Commission Memorandum
March 21, 2012
Unclassified Salary Ordinance
Page 6 of6
the Administration recommends implementing up to a three percent (3%) across the
board COLA, effective the first full pay period ending April 2012 (six (6) months into the
FY2011/2012), for all Unclassified employees who are not currently at the maximum of
the pay range of their classification; without adjusting the minimum and maximum of the
salary ranges for each classification.
No Unclassified employee who separated employment from 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 COLA of up to three percent (3%) for Unclassified employees would
become effective on the first full pay period ending April 2012, the same date COLAs
were negotiated by the five (5) bargaining units. Further, this adjustment will provide
additional incentives and competitiveness to attract and retain new and existing
Unclassified employees. It should be noted that while implementation of "Alternative B"
is feasible, the implementation as a policy for Unclassified employees only may lead to
compression issues. These issues could result in inequities between Classified and
Unclassified positions, and may also lead to difficulty in promoting internal applicants
and may discourage upward mobility.
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
FY2011/2012) for all Unclassified employees.
If Alternative A is approved on first reading, then the Administration recommends that
the second reading be set for a hearing on April 11 , 2012.
If Alternative B is approved, then the Administration recommends that the practice of
providing for periodic COLAs without adjusting the minimum and maximum of the salary
ranges for each classification be proposed and negotiated with each of the bargaining
units during the upcoming contract negotiations for the 2012-2015 collective bargaining
agreements to be consistent with the practice begun by the Unclassified employees.
T:\AGENDA\2012\3-21-12\COLA-UNCLASSIFIED EMPLOYEES MEMO.docx
521
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 and FY 2010/2011, 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
522
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
523
22 ~ ~9.~99 4,607 ~g7,g~g 7,441
21 ~Q7,Q~9 4,240 ~72,g9g 6,848
20 9g,499 3,902 ~99,Q79 6,302
19 9Q,949 3,591 ~49,397 5,800
18 g3,4~9 3,305 ~34,73~ 5,337
17 79,799 3,041 ~23,99~ 4,912
16 7Q,399 2,787 ~ ~4.~Qg 4,520
15 99,Q~9 2,576 ~Q9,Q~ ~ 4,160
14 99,g37 2,370 99,94~ 3,828
13 99,Q9g 2,182 gg,94Q 3,523
12 9Q,97g 2,008 g~,g4g 3,242
11 49,93g 1,848 79,329 2,984
10 42,92~ 1,700 99,32Q 2,746
9 39,9QQ 1,565 93,797 2,527
8 39,392 1,440 9g,7~2 2,326
7 33,493 1,325 94,Q3~ 2,140
6 3Q,7gg 1,220 49,729 1,970
5 ~g,334 1,122 49,79Q 1,813
4 29,Q79 1,033 42,~ ~4 1,668
3 23,999 951 3g,797 1,535
~ 22,Qg4 39,99g
4-2Q,324 32,g24
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 201 0-3682
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
524
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
~ 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
525
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
526
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
527
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
528
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
529
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
530
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
531
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
532
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 FORM & LANGUAGE
Robert Parcher, City Clerk
~N CW 2 1+2-Date
T:\AGENDA\2012\2-8-12\COLA-ORDINANCE-UNCLASSIFIED EMPLOYEES a.docx
12
533
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA 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 UP TO THREE PERCENT (3%)
FOR THOSE EMPLOYEES WHO ARE NOT CURRENTLY AT THE
MAXIMUM OF THE PAY RANGE OF THEIR JOB CLASSIFICATION;
AND PROVIDING NO ADJUSTMENT TO THE MINIMUM AND
MAXIMUM OF EACH PAY RANGE.
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 and FY 2010/2011, 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
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, as part of the adopted FY 2011/2012 operating budget approved by
the City Commission, $580,000 was budgeted for all Unclassified employees to receive
a three percent (3%) COLA effective with the last full pay period in April 2012; and a
three percent (3%) increase to the minimum and maximum of each pay range; and
534
WHEREAS, during the February 24, 2012 Special City Commission meeting, the
Administration presented to the City Commission an amendment to Ordinance No.
1605, the Unclassified Employees Salary Ordinance as "Alternative A", implementing a
three percent (3%) COLA effective with the first full pay period ending in April 2012, and
a three percent (3%) increase to the minimum and maximum of each pay range; and
WHEREAS, the City Commission chose not to approve an amendment to
Ordinance No. 1605, but instead approved "Alternative B", which provides up to a three
percent (3%) COLA for those employees who are not currently at the maximum of their
pay range for their job classification and does not provide any adjustment to the
minimum and maximum of each pay range; and
WHEREAS, the City estimates an impact of approximately $418,000 to the City's
FY 2011/2012 operating budget, which is approximately $162,000 less than what was
budgeted and approved by the City Commission as part of the FY 2011/2012 Budget
process; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that Unclassified
employees, effective with the first full pay period ending in April 2012, shall receive an
across the board cost-of-living adjustment (COLA) of up to a three percent (3%) for
those employees who are not currently at the maximum of the pay ranger of their job
classification; and providing no adjustment to the minimum and maximum of each pay
range.
PASSED and ADOPTED this __ day of--------' 2012.
Matti Herrera Bower, Mayor
ATTEST:
Robert Parcher, City Clerk Date
F:\HUMA\$aii\REG\ORDINANCES -COLA\COLA Unclassified Alternative B Resolution.docx
535
THIS PAGE INTENTIONALLY LEFT BLANK
536
JOSE SMITH, CITY ATIORNEY
OFFICE OF THE CITY ATIORNEY
TO: Mayor Matti Herrera Bower and
Members of the City Commission
CC: Jorge Gonzalez, City Manager
FROM: Jose Smith, City Attor e
DATE: March 21, 2012
MEMORANDUM
SUBJECT: COMMISSIONER WOLFSON'S PROPOSED AMENDMENT TO THE
UNCLASSIFIED EMPLOYEE'S SALARY ORIDNACE
At the request of Commissioner Wolfson during the February 24, 2012 City Commission
Meeting, the City Attorney's Office has prepared the attached Ordinance, which amends
the Unclassified Employees Salary Ordinance (Ordinance No. 1605) to specifically
delineate the current compensation of the City Manager and City Attorney.
Commissioner Wolfson has requested that this item be heard, and considered on First
Reading, in conjunction with Agenda Item R5M, which is the consideration of the
proposed COLA for the Unclassified Employees.
F:\ATTO\SMIJ\COMMISSIONMEMOS\SalaryOrdinanceforCityManagerandCityAttorney.docx
537
Agenda Item R S" N
Date 3-21-12-
ORDINANCE TO BE SUBMITTED
538
R7
RESOLUTIONS
539
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Approving in substantial form a Professional
Services Agreement with a joint venture of Zaha Hadid Limited T/A Zaha Hadid Architects, and Berenblum Busch Architecture, Inc.,
for the Planning, Architectural, Engineering, Design, Bid, and Award and Construction Administration Services for the Collins Park
Garage Project, in the negotiated lump sum amount of $2,438,123, plus an additional not to exceed amount of $413,700 (for Other
Direct/Specialty Services), plus an additional not to exceed amount of $100,000 (for Reimbursable expenses), for the total amount of
$2,951 ,823; further authorizing the City Manager and City Attorney to finalize the Agreement and, once finalized, authorizing the
Mayor and City Clerk to execute the Agreement (provided that in the event of any substantive changes, as determined by the City
Manager and City Attorney, to the terms of the attached Agreement, then requiring that the final Agreement be brought back to the
City Commission for approval).
Ke_y Intended Outcome Supported:
Ensure well desianed q_ualitycaJ>ital Qrojects. I
Supporting Data (Surveys, Environmental Scan, etc I
Issue:
I Shall the Mayor and the City Commission Adopt the Resolution?
Item Summary/Recommendation:
The parking garage will be located at 300-342 23'0 Street. In addition, to the proposed parking garage, the City desires to enhance
and/or close a portion of Liberty Avenue, from 23rd Street to 22"d Street, in order to create a pedestrian plaza that will provide a strong
connection from the parking structure to Collins Park, the City Ballet building, and the City Library. In addition, the City is requesting
that Zaha Hadid Architects provide the design for a proposed building on the parcel located at 224 23'd Street (surface lot north of the
City Library), and propose various concepts to the City which may include; a commercial building with retail on the ground floor and
parking and/or commercial and/or retail on the floors above, with the possibility of being connected directly by an extension of the
parking levels or via a bridge to the new parking garage.
The Parking Garage scope entails approximately 400 parking spaces, retail on the ground floor, and may include roof top activation for
events; The design of Liberty Avenue, from 23'd Street to 22"d Street, to create a pedestrian plaza that serves City functions and
facilities; The construction budget for the parking garage and treatment of Liberty Avenue is approximately $12,500,000. Additionally;
the proposed building located at 224 23'd Street, could include retail and/or commercial on the ground floor, and/or retail, commercial or
parking on the floors above, certain service requirements for the City library building; and physical connection between structures.
The construction budget for this portion of the scope is approximately $6,000,000, bringing the overall construction budget to a total of
$18,500,000.
The City is requesting that ZHA in conjunction with BA provide architectural services, structural engineering, mechanical engineering,
electrical engineering, plumbing engineering, fire protection engineering, civil engineering, landscape architecture, parking and
transportation consulting, traffic impact study within the parameters required by the City's Public Works and Planning Departments,
environmental assessments, threshold inspections, special inspection (as required by the Building Department), construction cost
estimating, surveying, geotechnical services, and asbestos survey services for the Project. The services shall include, but not be
limited to, planning, design development, estimate(s) of probable construction cost, construction documents, permitting, bidding I
award, minimum LEED Silver (including but not limited to LEED process support and documentation), and construction administration
services for the Project.
The total fees for basic services are $2,438,123
The total fees for other direct services are $413,700
The total for reimbursables is $100,000
The fee for Basic Design Services {Task 1-3), excluding Construction Administration, other Direct/ Specialty Services and
reimbursables, in the amount of $ 100,000, represents approximately 10% of the approximate project construction budget of
$18,500.000.
Advisory Board Recommendation:
Funds:
1 $1,500,000
2 $1,451,823
MIAMI BEACH
365-2801-061357
City Center RDA Funds
168-1985-000999
RDA Operating Budget Account
541
AGENDA ITEM ---~.R~7.;.-:A=---
DATE 3 -J/-1 l-
lD MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager \\(i../~
DATE: March 21, 2012 () ()
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING IN SUBSTANTIAL FORM A PROFESSIONAL
SERVICES AGREEMENT WITH A JOINT VENTURE OF ZAHA HADID LIMITED T/A
ZAHA HADID ARCHITECTS, AND BERENBLUM BUSCH ARCHITECTURE, INC.,
FOR THE PLANNING, ARCHITECTURAL, ENGINEERING, DESIGN, BID AND
AWARD AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE COLLINS
PARK GARAGE PROJECT; SAID AGREEMENT IN THE NEGOTIATED LUMP SUM
AMOUNT OF $2,438,123, PLUS AN ADDITIONAL NOT TO EXCEED AMOUNT OF
$413,700 (FOR OTHER DIRECT/ SPECIALTY SERVICES), PLUS AN ADDITIONAL
NOT TO EXCEED AMOUNT OF $100,000 (FOR REIMBURSABLE EXPENSES), FOR
A TOTAL AMOUNT OF $2,951 ,823; WITH APPROPRIATED FUNDS FROM (FY) 11/12
CAPITAL BUDGET, IN THE AMOUNT OF $1,500,000 FROM FUND-365, CITY
CENTER RDA CAPITAL FUNDS, AND $1,451,823 FROM RDA OPERATING BUDGET
ACCOUNT NO. 168-1985-000999; FURTHER AUTHORIZING THE CITY MANAGER
AND CITY ATTORNEY TO FINALIZE THE AGREEMENT AND, ONCE FINALIZED,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT
(PROVIDED, HOWEVER, THAT IN THE EVENT OF ANY SUBSTANTIVE CHANGES,
AS DETERMINED BY THE CITY MANAGER AND CITY ATTORNEY, TO THE TERMS
OF THE AGREEMENT APPROVED PURSUANT TO THIS RESOLUTION, THEN
REQUIRING THAT THE FINAL AGREEMENT BE BROUGHT BACK TO THE CITY
COMMISSION FOR APPROVAL).
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
FUNDING
FY 11/12 Capital Budget, in the amount of $1 ,500,000, from Fund 365, City Center RDA Capital Funds,
and $1,451,823 from RDA Operating Budget Account No. 168-1985-000999, Collins Park Parking
Garage Reserve Fund.
BACKGROUND
The site for the new parking facility is bounded by 23rct Street on the north, Park Avenue on the west, the
Miami City Ballet on the south, and Liberty Avenue on the east (300 to 342 23rd Street). In addition, the
City desires to enhance and/or close a portion of Liberty Avenue, from 22nd Street to 23rd Street, in order
to create a pedestrian plaza that will provide a strong connection from the parking structure to Collins
Park, the Miami City Ballet building, and the City Library.
1 of4
542
Commission Memorandum -AlE Agreement Award for Collins Park Garage
March 21,2012
On May 26, 2011, RFQ No. 31-10/11 was issued for Architectural, Engineering, Design, Bid and Award,
and Construction Administration Services for the Collins Park Garage Project (the "RFQ").
At its September 14, 2011 meeting, the City Commission approved Resolution No. 2011-27735,
authorizing the City Manager to negotiate with the top ranked firm of Zaha Hadid Limited t/a Zaha Hadid
Architects (ZHA); and should the Administration not be able to successfully negotiate an agreement with
the top-ranked firm, authorizing the Administration to negotiate with the second-ranked firm, Brooks+
Scarpa Architects Inc.; and should the Administration not be able to negotiate an agreement with the
second-ranked firm, authorizing the Administration to negotiate an agreement with the third-ranked firm
Oppenheim Architecture + Design LLP.
As identified and presented in the RFQ proposal, the project documentation will collaboratively be
developed by a joint venture consisting, of ZHA, as the Prime Architect, and Berenblum Busch
Architecture, Inc. (BBA), as the Executive Architect and local Architect of Record.
In addition to the design of the parking garage, and the pedestrian plaza, the City is also requesting as
part of the Project, that ZHA provide the design for a proposed new building on the parcel located at 224
23rd Street (surface lot north of the City Library), and propose various concepts to the City that studies
the best use of the above referenced parcel which may include, but not be limited to, a commercial
building with retail on the ground floor and parking, and/or commercial, and/or retail, on the floors above,
with the possibility of being connected directly by an extension of the parking levels, or via a bridge to
the new parking garage.
The "Project" will consist of the following:
1: Parking Garage located at 300-342 23'd Street
1a: A Parking Garage with (maximized space) approximately 400 parking spaces, retail on the ground
floor, and may include roof top activation for events.
1 b: The design of Liberty Avenue, from 23rd Street to 22"d Street, in order to create a pedestrian plaza
that serves the Miami City Ballet building, the City Library, and links Collins Park to the new facilities.
1c: The construction budget for the parking garage and treatment of Liberty Avenue is $12,500,000.
2: Proposed New Building located at 224 23'd Street
2a: The proposed building could include retail and/or commercial on the ground floor, and/or retail,
commercial or parking on the floors above.
2b: The City Library has certain service requirements which need to be addressed in the design of the
proposed building.
2c: The proposed Parking Garage and proposed building could be physically connected.
2d: The construction budget for the proposed new building (including connection) is $6,000,000.
The City desires that ZHA produce a design that personifies iconic architecture through the use of
design elements that integrate the two (2) structures, their physical connection, and potential pedestrian
plaza into the distinctive urban context of the City's Cultural Arts Neighborhood District Overlay
(CANDO) and the Museum Historic District, to arrive at a solution that addresses the unique needs of
the City's stakeholders, residents and visitors to this area.
Page2 of4
543
Commission Memorandum -AlE Agreement Award for Collins Park Garage
March 21, 2012
ANALYSIS
The City is requesting that ZHA and BBA provide architectural services, structural engineering,
mechanical engineering, electrical engineering, plumbing engineering, fire protection engineering, civil
engineering, landscape architecture, parking and transportation consulting, traffic impact study (within
the parameters required by the City's Public Works and Planning Departments), environmental
assessments, threshold inspections, special inspection (as required by the Building Department),
construction cost estimating, surveying, geotechnical services, and asbestos survey services for the
Project. The services shall include, but not be limited to, planning, design development, estimate(s) of
probable construction cost, construction documents, permitting, bidding I award, minimum LEED Silver
(including but not limited to LEED process support and documentation), and construction administration
services for the Project.
On November 9, 2011, ZHA submitted a proposal, in the amount of $3,37 4,900. Following negotiations,
the City was able to reach an agreement, in the lump sum amount of $2,851 ,823, broken down as
follows:
FIRM TASK1 TASK2 TASK3 TASK4 TOTAL
Planning I Design Bidding Construction Per firm
Programming Services and Administration
Services Award Services
Services
Zaha Hadid Architects $457,800 $580,900 $4,500 $232,800 $1,276,000
(Prime Architect)
Berenblum Busch $79,500 $364,500 $11,500 $237,500 $693,000
Architecture (Executive
Architect)
DeSimone Consulting $22,500 $155,000 $6,300 $56,200 $240,000
(Structural Engineers)
Ross & Baruzzini (MEP $14,500 $112,700 $1000 $31,800 $160,000
Engineers)
Kimley-Horn and Associates, $7,500 $15,000 $400 $1,600 $24,500
Inc. [Landscape Architect}_
Langan Engineering $1,307 $31,504 $0 $11,812 $44,623
(Civil Engineer)
Sub Totals $583,107 $1,259,604 $23,700 $571,712
(Per Taskl
TOTAL SERVICES $2,438,123.00
Page3 of4
544
Commission Memorandum -AlE Agreement Award for Collins Park Garage
March 21, 2012
Other Direct/Specialty Services are as follows:
Transportation Consultant. .................................................................. $ 7,000
Parking Consultant. ........................................................................... $ 65,000
Construction Cost Estimating Consultant. ............................................... $ 65,000
LEED Specialist. ................................................................................ $ 26,500
Fagade Consultant. ............................................................................ $ 40,000
Traffic Impact Study ......................................................................... $ 18,000
Threshold Inspection Services ............................................................... $130,000
Geotechnical Engineering Reports ......................................................... $ 25,600
Environmental Assessments ................................................................. $ 8,500
Topographic Survey ............................................................................ $ 28,100
Total for Other Direct Specialty Services ......•.............................•..........•............... $413,700
Lump Sum Amount Total ..•..........•..............................•....................•................. $2,851 ,823
Total for Reimbursable Expenses ........................................................................... $100,000
Total sum ............................................................................................................. $2,951 ,823
The fee for planning, design, and bidding services (tasks 1-3) is $1 ,866,411 and represents about 10%
of the approximate Project construction budget of $18,500,000. Construction administration services,
other direct/specialty services and reimbursable expenses are approximately 5% of the construction
budget.
From the outset, the City contemplated engaging a world-class architect for the design of this parking
structure. Zaha Hadid a Pritzker Architecture Prize winner (the first female architect to win this
prestigious award) fulfills the desire to bring an iconic statement for this structure and join the ranks of
recently completed garages by other renowned architects like Frank Gehry, Enrique Norten, Herzog and
de Meuron and otherworld class architects. Indeed, the selection ofZaha Hadid and her team to design
this structure has resulted in numerous articles in magazines, design publications and other architecture
related media bringing much attention to the City and raising the profile of the Collins Park area.
Zaha Hadid's portion of the design fee, including Construction Administration services is $1,276,000 or
about 7% of the total project budget. Adding the local architect fees plus the other design fees
associated with structural, MEP, civil and landscape professionals, brings the total design fees to
approximately 13% of the total project budget. This fee is comparable to the Pennsylvania Avenue
Garage designed by Gehry Partners.
The final negotiated fee is commensurate with the level of improvements contemplated in the scope of
services for this Project.
ADMINISTRATION RECOMMENDATION
JMG
T:\AGENDA\2012\3-21-12\Collins Park Garage commission items\Collins park Garage -Zaha Hadid Architects Award-MEMO.doc
Page 4 of 4
545
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A PROFESSIONAL
SERVICES AGREEMENT, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 31-10/11,
BETWEEN THE CITY AND A JOINT VENTURE OF ZAHA HADID LIMITED T/A ZAHA HADID
ARCHITECTS AND BERENBLUM BUSCH ARCHITECTURE, INC., FOR THE PLANNING,
ARCHITECTURAL, ENGINEERING, DESIGN, BID AND AWARD, AND CONSTRUCTION
ADMINISTRATION SERVICES FOR THE COLLINS PARK GARAGE PROJECT; SAID
AGREEMENT IN THE NEGOTIATED LUMP SUM AMOUNT OF $2,438,123, PLUS AN
ADDITIONAL NOT TO EXCEED AMOUNT OF $413,700 (FOR OTHER DIRECT/ SPECIALTY
SERVICES}, PLUS AN ADDITIONAL NOT TO EXCEED AMOUNT OF $100,000 (FOR
REIMBURSABLE EXPENSES}; FOR A TOTAL AMOUNT OF $2,951 ,823; WITH
APPROPRIATED FUNDS FROM THE FISCAL YEAR (FY} 11/12 CAPITAL BUDGET, IN THE
AMOUNT OF $1,500,000 FROM FUND-365, CITY CENTER RDA CAPITAL FUNDS, AND
$1,451,823 FROM RDA OPERATING BUDGET ACCOUNT NO. 168-1985-000999; FURTHER
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO FINALIZE THE
AGREEMENT AND, ONCE FINALIZED, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE AGREEMENT (PROVIDED, HOWEVER, THAT IN THE EVENT OF ANY
SUBSTANTIVE CHANGES, AS DETERMINED BY THE CITY MANAGER AND CITY
ATTORNEY, TO THE TERMS OF THE AGREEMENT APPROVED PURSUANT TO THIS
RESOLUTION, THEN REQUIRING THAT THE FINAL AGREEMENT BE BROUGHT BACK
TO THE CITY COMMISSION FOR APPROVAL).
WHEREAS, on May 11, 2011, the Mayor and City Commission approved the issuance
of Request for Qualifications (RFQ) No. 31-10/11, for Architectural, Engineering, Design, Bid
and Award, and Construction Administration Services for the Collins Park Garage (the RFQ);
and
WHEREAS, on September 14, 2011, the Manager and City Commission approved
Resolution No. 2011-27735, authorizing the City Manager to enter into negotiations with the top-
ranked firm of Zaha Hadid Limited t/a Zaha Hadid Architects, and
WHEREAS, the proposed parking garage will be located at 300-342 23rd Street; and
WHEREAS, in addition, the City desires to enhance and/or close a portion of Liberty
Avenue, from 23rd Street to 22nd Street, in order to create a pedestrian plaza that will provide a
strong connection from the proposed garage to Collins Park, the Miami City Ballet building, and
the City Library, and
WHEREAS, the City is requesting that Zaha Hadid Architects also provide the design for
a proposed new building on the parcel located at 224 23rd Street (surface lot north of the City
Library), and propose various concepts to the City that studies the best use of the forestated
parcel with the possibility of being connected directly by an extension of the parking levels, or
via a bridge, to the new garage, and
WHEREAS, accordingly the "Project" will consist of the new parking garage (with a
minimum of 400 parking spaces), retail on the ground floor, and which may include roof top
activation for events; the re-design of a portion of Liberty Avenue to create a pedestrian plaza;
and the proposed new building (which could also potentially include retail and/or commercial on
the ground floor, certain service requirements for the City Library, and which could potentially be
physically connected); and
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WHEREAS, the City desires that the Zaha Hadid Architects serving as the Prime
Architect for the Project, produce a design that personifies iconic architecture through the use of
design elements, to arrive at a solution that addresses the unique needs of the City's
stakeholders, residents, and visitors to the City's Cultural Campus.
WHEREAS, the City's current estimate of probable cost for the Project is $18,500,000;
and
WHEREAS, the City has negotiated the attached AlE Agreement with a joint venture
consisting of Zaha Hadid Architects, who will be the Prime Architect, and Berenblum Busch
Architecture, Inc. who, as the AlE firm licensed and certified to practice in the State of Florida,
will serve as the Executive Architect; and
WHEREAS, the City Administration recommends and requests that the Mayor and City
Commission approve the attached AlE Agreement, in substantial form; authorize the City
Manager and City Attorney to finalize the Agreement; and, once finalized, further authorize the
Mayor and City Clerk to execute the final Agreement (provided, however, that in the event of
any substantive changes, as determined in the reasonable judgment of the City Manager and
City Attorney, to any of the terms of the attached Agreement, then the final Agreement will be
brought back to the City Commission for approval).
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Commission hereby
approve, in substantial form, the attached AlE Agreement, pursuant to Request For
Qualifications No. 31-1 0/11 , between the City and a Joint Venture of Zaha Hadid Limited tla
Zaha Hadid Architects and Berenblum Busch Architecture, Inc., for the Planning, Design, Bid
and Award, and Construction Administration Services, for the Collins Park Garage Project; said
Agreement in the negotiated lump sum amount of $2,438,123, plus an additional not to exceed
amount of $413,700 (for other direct/ specialty services), plus an additional not to exceed
amount of $100,000 (for Reimbursable Expenses); all for a total of $2,951,823; with
appropriated funds from the Fiscal Year (FY) 11/12 Capital Budget, in the amount of $1,500,000
(From Fund-365, City Center RDA Capital Funds), and $1,451 ,823 from RDA Operating Budget
Account No. 168-1985-000999; further authorizing the City Manager and City Attorney to
finalize the attached Agreement and, once finalized, authorizing the Mayor and City Clerk to
execute the Agreement (provided, however, that in the event of any substantive changes, as
determined by the City Manager and City Attorney, to the terms of the attached Agreement,
then the final Agreement shall be brought back to the City Commission for approval).
PASSED AND ADOPTED THIS ___ DAY OF ____ .2012.
ATTEST:
Robert Parcher, City Clerk . APPROVED AS TO
Matt1 Herrera Bower, Ma~RM & LANGUAGE
& FOR EXECUTION
T:\AGENDA\2012\3-21-12\Collins Park Garage commission items\Collins Park Garage-Zaha
com mtg.doc
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AGREEMENT
BETWEEN
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THE CITY OF MIAMI BEACH, FLORIDA
AND
A JOINT VENTURE OF ZAHA HADID LIMITED T/A ZAHA HADID ARCHITECTS
AND
BERENBLUM BUSCH ARCHITECTURE, INC.
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES
FOR THE
COLLINS PARK GARAGE PROJECT
Resolution No.-------
548
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TABLE OF CONTENTS
DESCRIPTION
ARTICLE 1
ARTICLE 2.
ARTICLE 3.
ARTICLE4.
ARTICLE 5.
ARTICLES.
ARTICLE 7.
ARTICLE 8.
ARTICLE 9.
ARTICLE 10.
ARTICLE 11.
ARTICLE 12.
ARTICLE 13.
ARTICLE 14.
ARTICLE 15.
ARTICLE 16.
SCHEDULES:
SCHEDULE A
SCHEDULE A-1
SCHEDULE B
SCHEDULE C
SCHEDULED
SCHEDULE E
SCHEDULE F
SCHEDULE G
DEFINITIONS
BASIC SERVICES
THE CITY'S RESPONSIBILITIES
RESPONSIBILITY FOR CONSTRUCTION COST
ADDITIONAL SERVICES
REIMBURSABLE EXPENSES
COMPENSATION FOR SERVICES
ACCOUNTING AND OTHER RECORDS
OWNERSHIP OF PROJECT DOCUMENTS
TERMINATION OF AGREEMENT
INSURANCE
INDEMNIFICATION AND HOLD HARMLESS
ERRORS AND OMISSIONS
LIMITATION OF LIABILITY
NOTICE
MISCELLANEOUS PROVISIONS
SCOPE OF SERVICES
OUTLINE OF DELIVERABLES
COMPENSATION
HOURLY BILLING RATE
CONSTRUCTION COST BUDGET
PROJECT SCHEDULE
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
INSURANCE AND SWORN AFFIDAVITS
ii
CITY APPROVED A & E FORM (AUGUST 201 0)
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TERMS AND CONDITIONS
OF AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
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A JOINT VENTURE OF ZAHA HADID LIMITED T/A ZAHA HADID ARCHITECTS
AND
BERENBLUM BUSCH ARCHITECTURE, INC.
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING (AlE) SERVICES FOR THE
COLLINS PARK GARAGE PROJECT
This Agreement made and entered into this _ day of _____ , 2012 (Effective
Date), between the City of Miami Beach, a municipal corporation existing under the laws of
the State of Florida, having its principal office at 1700 Convention Center Drive, Miami Beach,
Florida, 33139 (hereinafter referred to as the "City") and a Joint Venture of Zaha Hadid Limited
t/a Zaha Hadid Architects, a company certified by the Registrar of Companies for England
and Wales, having its principal office at 10 Bowling Green Lane, London, EC1R OBQ, United
Kingdom (which may also be referred to herein and in the attached Schedules as the "Prime
Architect" or the "P.A."); and Berenblum Busch Architecture, Inc., a Florida corporation
having its principal office at 848 Brickell Avenue, Suite 625, Miami, Florida, 33131 (which may
also be referred to herein and in the attached Schedules as the "Executive Architect" or the
"E.A."). For purposes of this Agreement and the attached Schedules, the term "Design
Professional" shall refer to the Joint Venure of the P.A. and the E.A. created for purposes of
this Agreement.
WI T N E S S E T H:
WHEREAS, the City intends to undertake a project within the City of Miami Beach,
which is more particularly described in the Scope of Services attached as Schedule "A"
hereto, and wishes to engage the Design Professional to provide specific professional services
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including, without limitation, AlE services, for the Project, at the agreed upon fee set forth in this
Agreement; and
WHEREAS, the Design Professional desires to contract with the City for performance
of the aforestated professional services relative to the Project, as hereinafter set forth; and
NOW THEREFORE, the City and the Design Professional, in consideration of the
mutual covenants and agreement herein contained, agree as follows:
ARTICLE 1. DEFINITIONS
1.1 CITY: The "City" shall mean the City of Miami Beach, a Florida municipal
corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida,
33139.
1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body
of the City.
1.3 CITY MANAGER: The "City Manager'' shall mean the chief administrative officer of the
City. The City Manager shall be construed to include any duly authorized representatives
designated in writing (including the Project Coordinator) with respect to any specific matter(s)
concerning the Services and/or this Agreement (exclusive of those authorizations reserved
to the City Commission or regulatory or administrative bodies having jurisdiction over any
matter(s) related to the Project, the Services, and/or this Agreement).
1.4 DESIGN PROFESSIONAL: The entity referred to in this Agreement as "a Joint
Venture of Zaha Hadid Limited T/A Zaha Hadid Architects and Berenblum Busch Architecture,
Inc." and consisting of the P.A. and the E.A. as its only members.
1.5 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean "Request for
Qualifications (RFQ) No. 31-10/11, for Architectural, Engineering, Design, Bid and Award, and
Construction Administration Services for the Collins Park Garage", issued by the City in
contemplation of this Agreement, together with all amendments thereto (if any) (collectively, the
"RFQ"), and the Primary Architect's proposal in response thereto (the "Proposal"), which is
incorporated by reference to this Agreement and made a part hereof; provided, however, that in
the event of an express conflict between the Proposal Documents and this Agreement, the
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Agreement shall prevail.
1.6 PRIME ARCHITECT AND EXECUTIVE ARCHITECT: The Prime Architect (also
referred to as the "P.A."), and the Executive Architect (also referred to as the "E.A.") are the
named entities on page 1 of this Agreement and who, as the only members of the Joint Venture
of Zaha Hadid Limited T/A Zaha Hadid Architects and Berenblum Busch Architecture, Inc.
(which Joint Venture is also referred to herein as the "Design Professional"), enter into this
Agreement, each on their own behalf for the full performance of the Agreement, and to provide
the Services described herein. The terms "Design Professional," "Prime Architect," and
"Executive Architect" shall also be deemed to include any respective officers, employees, sub-
consultants, agents, and any other person(s) or entity(ies) acting under the supervision,
direction, or control of, respectively, the Design Professional, the P.A., or the E.A.
Any sub-consultants retained by the Design Professional, the P.A., or the E.A. for the
Project shall be subject to the prior written approval of the City Manager. The Design
Professional shall be the party responsible for providing the Project Coordinator with copies of
contracts with any sub-consultants. Any such contracts shall contain provisions that preserve
and protect the rights of the City under this Agreement. Nothing contained in this Agreement
shall create any contractual relationship between the City and sub-consultants. Any approval
of a sub-consultant by the City shall not, in any way, shift the responsibility for the quality and
acceptability by the City of work or services performed by the sub-consultant, from the Design
Professional, the P.A., and/or the E.A., to the City. Payment of sub-consultants shall be the
responsibility of the Design Professional, and shall not be cause for any increase in
compensation to the Design Professional for payment of the Basic Services. The quality of
work or services and acceptability to the City of such work or services performed by sub-
consultants shall be the sole responsibility of the Design Professional, the P .A., and/or the E. A..
The sub-consultants expressly denoted in Schedule "A" hereto are hereby deemed
approved by the City Manager for the Project.
1.7 PROJECT COORDINATOR: The "Project Coordinator'' shall mean the individual
designated in writing by the City Manager who shall be the City's authorized representative to
coordinate, direct, and review (on behalf of the City) all matters related to the Project during the
design and construction (unless expressly provided otherwise in this Agreement or the Contract
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Documents).
1.8 BASIC SERVICES: "Basic Services" shall include those services which the Design
Professional shall perform in accordance with the terms of the Agreement (and as required to
complete the Project), and shall generally consisting of Planning Services, Design Services,
Bidding and Award Services, Construction Administration Services, and Other Services; all as
further described in Section 2.5, and Schedules "A" and Schedule "A-1" hereto (Schedule A-1,
entitled "Outline of Deliverables," specifically denotes those Basic Services which will be
performed primarily by the P.A., and those which will be performed primarily by the E.A.). Any
Services not specifically addressed as Basic Services shall be considered Additional Services
(as defined herein).
1.9 PROJECT: The "Project" shall mean that certain City capital project that has been
approved by the City Commission and that is described in Schedule "A" hereto.
1.9.1 Project Cost: The "Project Cost", shall mean the estimated total cost of the
Project established by the City, including the estimated Construction Cost and
Soft Costs. The Project Cost may, from time to time, be revised or adjusted by
the City, in its sole discretion, to accommodate approved modifications or
changes to the Project or scope of work.
1.9.2 Project Scope: The "Project Scope" shall mean the description of the Project in
Schedule "A" hereto.
1.10 CONSTRUCTION COST: The "Construction Cost" shall mean the sum which is the
actual total cost to the City of the Work (as established in the Contract Documents, as same
may be amended from time to time}, including a contingency allowance for unforeseen
conditions, not to exceed ten percent (10%) of the construction cost for new construction, or
twenty percent (20%) of the construction cost for rehabilitation of historic buildings.
For Work not constructed, the Construction Cost shall be the same as the lowest bona
fide bid or competitive bid received and accepted from a responsive and responsible bidder or
proposer for such Work.
1.1 0.1 Construction Cost Budget: The "Construction Cost Budget" shall mean the
amount budgeted by the City for the Construction Cost, as set forth in Schedule
"A" hereto.
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1.1 0.2 Statement Of Probable Construction Cost: The "Statement of Probable
Construction Cost" shall mean the latest approved written estimate of
Construction Cost submitted by the Design Professional to the City, in a format
approved by the Project Coordinator for Work for which bids or proposals have
not been let, the Statement of Probable Construction Cost shall be the same as
the Construction Cost.
1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or
irresistible force occasioned by violence in nature without the interference of human agency,
such as hurricanes, tornadoes, floods, loss caused by fire, and other similar unavoidable
casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations
("Applicable Laws," as defined in Section 2.3 hereof) enacted after the Effective Date of this
Agreement; or other causes beyond the parties' control which have, or may be reasonably
expected to have, a material adverse effect on the Project, or on the rights and obligations of
the parties under this Agreement and which, by the exercise of due diligence, such parties shall
not have been able to avoid; provided, however, that inclement weather (except as noted
above), the acts or omissions of sub-consultants and/or sub-contractors, market conditions,
labor conditions, construction industry price trends, and similar matters which normally impact
on the construction process, SHALL NOT be considered a Force Majeure.
If the Design Professional is delayed in performing any obligation under this Agreement
due to a force majeure, it shall request a time extension from the Project Coordinator within five
(5) business days following the occurrence of said force majeure. Any time extension shall be
subject to mutual agreement and shall not be cause for any claim by the Design Professional.
for extra compensation, unless Additional Services are required and approved pursuant to
Article 5 hereof.
1.12 CONTRACTOR: "Contractor'' shall mean the individual or individuals, firm, company,
corporation, joint venture, or other entity contracting with the City for performance of the Work
covered in the Contract Documents and shall include, but not be limited to, the General
Contractor.
1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement
(together with all exhibits, addenda, and written amendments issued thereto), and the
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documents prepared by the Design Professional in accordance with the requirements in
Schedules "A" and "A-1" hereto. The Contract Documents shall also include, without limitation
(together with all exhibits, addenda, and written amendments issued thereto), the invitation to
bid (ITS}, instructions to bidders, bid form, bid bond, the Contract for Construction, surety
payment and performance bonds, Conditions of the Contract for Construction (General,
Supplementary, and other Conditions}, Divisions 0-17, Construction Documents, and approved
Change Order(s).
1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean the legally
binding agreement between City and Contractor for performance of the Work covered in the
Contract Documents.
1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final
plans, technical specifications, drawings, documents, and diagrams prepared by the Design
Professional pursuant to this Agreement, which show the locations, characters, dimensions and
details of the Work to be done, and which are part of the Contract Documents.
1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification
to the Agreement approved by the City (as specified below) and executed between the City, and
the Design Professional, covering changes, additions, or reductions in the terms of this
Agreement including, without limitation, authorizing a change in the Project, or the method
and manner of performance thereof, or an adjustment in the fee and/or completion dates.
Contract Amendments shall be approved by the City Commission if they exceed twenty-
five thousand dollars ($25,000.00), or the City Manager if they are twenty-five thousand dollars
($25,000.00) or less (or other such amount as may be specified by the City of Miami Beach
Procurement Ordinance, as amended). Even for Contract Amendments for less than twenty-five
thousand ($25,000.00}, the City Manager reserves the right to seek and obtain concurrence of
the City Commission for approval of any such Contract Amendment.
1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to
the Basic Services, which the Design Professional shall perform, at the City's option, and which
have been duly authorized, in writing, by the City Manager or his authorized designee, prior to
commencement of same.
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1.18 WORK: "Work" shall mean all labor, materials, tools, equipment, services,
methods, procedures, etc. necessary or convenient to performance by Contractor of all duties
and obligations proposed by the Contract Documents.
1.19 SERVICES: "Services" shall mean all Basic Services and Additional Services,
performed by the Design Professional under this Agreement.
1.20 SOFT COSTS: "Soft Costs" shall mean costs related to the Project other than
Construction Costs including, without limitation, the Design Professional's costs for Basic
Services and Additional Services, and costs for surveys, testing, consultants, financing,
permitting fees, etc.
1.21 BASE BID: "Base Bid" shall mean the elements contained in the Construction
Documents recommended by the Design Professional (and approved by the City) as being within
the Construction Cost Budget. The "Base Bid" shall not include Additive Alternates or Deductive
Alternates.
1.22 SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope and
Basic Services, as described in this Agreement and Schedules "A" and "A-1" hereto; and any
Additional Services (as defined herein and as approved by the City).
1.23 SCHEDULES: "Schedules" shall mean the various schedules attached to this
Agreement and referred to as follows:
Schedule A -Scope of Services.
Schedule A-1-0utline of Deliverables.
Schedule B -Compensation.
Schedule C -Hourly Billing Rate Schedule.
Schedule D -Construction Cost Budget.
Schedule E -Project Schedule.
Schedule F -General Conditions of the Contract for Construction
Schedule G -Insurance Requirements and Sworn Affidavits
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ARTICLE 2. BASIC SERVICES
2.1 The Design Professional shall provide Basic Services for the Project, as required by the
Contract Documents, and as set forth in Schedules "A" and "A-1" hereto (Schedule "A-1"
specifically denotes the Basic Services which will be performed primarily by the P .A., and those
which will be performed primarily by the E.A.).
2.2 The Services will be commenced upon issuance of the first Notice to Proceed which
shall be issued by the Project Coordinator and counter-signed by the Design Professional.
A separate Notice to Proceed shall be required prior to commencement of each Task (as
same are set forth in Schedule "A" hereto). These subsequent Notices to Proceed shall also
be issued by the Project Coordinator, and counter-signed by the Design Professional.
2.3 As they relate to the Services and the Project, the Design Professional, and the P.A.,
and the E.A. individually, each jointly and severally warrant and represent to the City that they
are knowledgeable of Federal, State, and local laws, ordinances codes, rules and regulations
applicable in the jurisdiction in which the Project is located, including, without limitation,
applicable Florida Statutes, and State of Florida codes, rules and regulations (including, without
limitation, the Florida Building Code), and local (City of Miami Beach and Miami-Dade County)
ordinances, codes, and rules and regulations enacted as of the Effective Date of this Agreement
(collectively, "Applicable Laws"). As they relate to the Services and to the Project, the Design
Professional, and the P.A., and the E.A. individually, each agree to comply with all such
Applicable Laws .
Recognizing that the construction of other projects within the City may affect scheduling
of the construction for this Project, the Design Professional shall diligently coordinate
performance of the Services with the City, through the Project Coordinator, in order to provide
for the safe, expeditious, economical, and efficient completion of the Project, without negatively
impacting concurrent work by others. The Design Professional shall coordinate the Services
with all of the respective sub-consultants (whether of the Design Professional, the P.A., or the
E.A.), as well as other consultants including, without limitation, City provided consultants (if
any).
2.4 The Design Professional, and the P.A., and the E.A. individually, each jointly and
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severally warrant and represent to the City that: (i) all of the Services required under this
Agreement shall be performed in accordance with the standard of care normally exercised in the
design of comparable projects in South Florida; (ii) each is experienced and fully qualified to
perform the Services; (iii) the Executive Architect is properly authorized and licensed to do
business to perform the Services in the State of Florida; and, for purposes of this Agreement
and the Services, shall serve as the "Architect of Record" for the Project; and (iv) they shall be
responsible for the technical accuracy of the Services.
2.5 The Basic Services shall consist of five (5) Tasks: 1. Planning, 2. Design, 3.
Bidding/Award, 4. Construction Administration, and 5. Other Services; all as further described in
Schedules "A" and "A-1" hereto. The Basic Services shall also include, outline, and describe
any and all of the P.A. and E.A.'s respective primary and secondary responsibilities and
obligations with respect to the Project, including, without limitation, those as may be also set
forth in the General Conditions of the Contract for Construction (attached as Schedule "F"
hereto).
2.5.1 Planning Services:
The Design Professional shall provide planning services for the Project, as
required by the Contract Documents, and as set forth in Task 1 of Schedule "A"
hereto (entitled "Planning Services").
2.5.2 Design Services:
The Design Professional shall prepare Design Documents for the Project,
as required by the Contract Documents, and as set forth in Task 2 of Schedule
"A" hereto (entitled "Design Services").
2.5.3 Bidding and Award Services:
The Design Professional shall provide bidding and award services for the
Project, as required by the Contract Documents, and as set forth in Task 3 of
Schedule "A" hereto (entitled "Bidding and Award Services").
2.5.4 Construction Administration Services:
The Desgin Professional shall provide construction administration services for
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the Project, as required by the Contract Documents and as set forth in Task 4 of
Schedule "A" hereto (entitled "Construction Administration Services").
2.5.5 Other Services:
The Design Professional shall provide other services for the Project, as required
by the Contract Documents and as set forth in Task 5 of Schedule "A" hereto
(entitled "Other Services").
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written decisions and/or approvals
issued by the City shall not constitute nor be deemed a release of the responsibility and liability
of either the Design Professional, or of the P.A. or the E.A. individually (nor of any of their
respective officers, employees, sub-consultants, agents, and any other person(s) or entity(ies)
acting under the supervision, direction or control of, respectively, the Design Professional, or of
the P.A. or the E.A.), for the accuracy and competency of their designs, working drawings,
plans, technical specifications, or other technical documents, nor shall such approval and/or
decisions be deemed to be an assumption of such responsibility by the City for a defect, error or
omission in designs, working drawings, plans, technical specifications, or other technical
documents; provided, however, that the Design Professional, and the P.A. and the E.A.
individually, shall be entitled to reasonably rely upon the accuracy and validity of written
decisions and approvals furnished by the City pursuant to this Agreement, and shall be held
harmless by the City for reliance upon such City-provided written decisions and approvals.
2.7 TIME: It is understood that in the completion of the Project, the parties agree as follows:
2.7.1 Term: Provided the Agrement has been approved by the Mayor and City
Commission, the term of this Agreement (Term) shall commence upon
execution by the last party to sign it (the Effective Date on page 1 hereof), and
shall be in effect (unless otherwise terminated pursuant to Article 10 hereof) until
all Services are completed.
2.7.2 The Design Professional shall each perform the Services as expeditiously as is
consistent with the standard of professional skill and care required by this
Agreement, and the orderly progress of the Work.
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2. 7.3 The Services shall be performed in a manner that shall conform with the
approved Project Schedule, attached as Schedule "E" hereto. The Design
Professional may submit requests for an adjustment (i.e. extension) to the
Project Schedule, if made necessary because of undue delays resulting from
untimely review taken by the City or its consultants (including, but not limited to,
the Contractor), or other governmental authorities having jurisdiction over the
Project, to approve the Design Professional's submissions, or any other portion
of the Services requiring approval by the City or its consultants, or other
governmental authorities having jurisdiction over the Project. The Design
Professional shall expeditiously provide the Project Coordinator with written
notice stating the reason for the particular delay; the requested adjustment to the
Project Schedule; and a revised anticipated schedule of completion. Upon
receipt and review of the Design Professional's request (and such other
documentation as the Project Coordinator may require), the Project Coordinator
may grant a reasonable extension of time for completion of the particular work
or services involved, and authorize that the appropriate adjustment be made to
the Project Schedule. The Project Coordinator's approval (if granted) shall be in
writing.
2.7.4 Nothing in this Section 2.7 shall prevent the City from exercising its rights to
terminate the Agreement, as provided elsewhere herein.
2.8 The Design Professional shall make commercially reasonable efforts to maintain a
constructive, professional, and cooperative working relationship with the Project Coordinator,
the Contractor, and any and all other individuals and/or firms that have been contracted, or
otherwise retained, by the City to perform work (including, without limitation, the Work) or
services on the Project.
2.9 The Design Professional, and the P.A. and E.A. individually, shall each perform their
respective duties under this Agreement in a competent, timely, and professional manner, and
shall be jointly and severally liable to the City for any failure in their (respective) performance,
except to the extent that acts or omissions by the City, and/or the Contractor, and/or any and all
other individuals and/or firms that have been contracted or otherwise retained by the City to
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perform work or services on the Project, make such performance impossible.
The Design Professional, and the P.A. and the E.A. individually, shall each be
responsible for the professional quality, technical accuracy, completeness, performance and
coordination of their respective portions of the Services (including work or services performed
by their respective sub-consultants), within the specified time period and specified cost. The
Design Professional, and the P.A. and the E.A. individually, shall each perform the Services
required under this Agreement utilizing the skill, knowledge, and judgment ordinarily possessed
and used by a proficient consultant with respect to the disciplines required for the performance
of such work or services in the State of Florida. The Design Professional, and the P.A. and the
E.A. individually, are each responsible for, and shall jointly and severally represent and warrant
to the City, that the Services shall conform to the City's requirements for the Project (as set forth
in the Agreement and the other Contract Documents). To the extent set forth in this Agreement,
the Design Professional, and the P.A. and the E.A. individually, shall each be, and remain,
jointly and severally liable to the City for all damages to the City including, without limitation,
costs incurred by the City caused by the Design Professional's, and/or the P.A. or the E.A.
individual, negligent acts, or errors, or omissions in the performance of the Services. In addition
to all other rights and remedies which the City may have, the City may require that the Design
Professional, at its sole cost and expense, re-perform all or any portion of the Services to
correct any deficiencies which result from the either the Design Professional's, or the P.A.
and/or the E.A.'s individual, failure to perform in accordance with the above standards. Neither
the City's inspection, review, approval, or acceptance of, nor payment for, any of the Services
required under the Agreement shall be construed to relieve the Design Professional, or the P.A.
or the E.A. individually (or any of their respective sub-consultants, of their obligations and
responsibilities under the Agreement, nor constitute a waiver of any of the City's rights under the
Agreement, or of any cause of action arising out of the performance of the Agreement. The
Design Professional, and the P.A. and the E.A. individually (and their respective sub-
consultants), shall each be, and remain, jointly and severally liable to the City in accordance
with Applicable Laws for all damages to the City including, without limitation, costs incurred by
the City caused by any failure of the Design Professional, or the P.A. or the E.A. individually (or
any of their respective sub-consultants), to comply with the terms and conditions of the
Agreement; or by the Design Professional's, or the P.A. or the E.A.'s individual (or any of their
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sub-consultants'), misconduct, unlawful acts, negligent acts, errors, or omissions in the
performance of the Services. With respect to the performance of any work and/or services by
sub-consultants, the Design Professional, and the P.A. or the E.A. individually, shall, in
approving and accepting such work and/or services, ensure the professional quality,
completeness, and coordination of the sub-consultant's work product.
2.9.1 The Design Professional, and the P.A., and the E.A. individually, shall each be
responsible for deficient, defective Services, and any resulting deficient, defective
construction services re-performed within twelve (12) months following final
acceptance of the Work, and shall be subject to further re-performance, repair
and replacement for twelve (12) months from the date of initial re-performance,
not to exceed twenty-four months (24) from final acceptance of the Work.
2.9.2 The Design Professional is advised that a performance evaluation of the Services
rendered pursuant to this Agreement will be completed by the City, and kept in
the City's files for evaluation of future solicitations.
2.10 The City shall have the right, at any time, in its sole and absolute discretion, to submit for
review to other consultants (engaged by the City at its expense and including, without limitation,
contractors, other design professionals, and/or other consultants retained by the City) any or all
parts of the Services, and the Design Professional. shall cooperate fully in such review(s).
Whenever others are required to verify, review, or consider any Services performed by the
Design Professional, the intent of such requirement is to enable the Design Professional to
receive input from others' professional expertise; or to identify any discrepancies, or errors
or omissions that are inconsistent with industry standards for design or construction of
comparable projects; or which are inconsistent with Applicable Laws; or which are inconsistent
with standards, decisions or approvals provided by the City under this Agreement. The Design
Professional will use reasonable care and skill, in accordance and consistent with
customary professional standards, in responding to items identified by other reviewers in
accordance with this subsection. The Design Professional shall receive comments from
reviewers, in writing, including, without limitation (and where applicable), via a set of marked-up
drawings and specifications. The Design Professional shall, address comments forwarded to
iUthem in a timely manner. The term "timely" shall be defined to mean as soon as possible
under the circumstances, taking into account the timelines of the Project Schedule.
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Notwithstanding the preceding, the Design Professional's review and responses to comments
forward and to it/them by others to pursuant to this subsection, shall be deemed an Additional
Service.
2.11 [Intentionally Omitted]
2.12 The Design Professional, agrees that when any portion of the Services relates to a
professional service which, under Florida Statutes, requires a license, certificate of
authorization, or other form of legal entitlement to practice and/or perform such Service(s), it
shall employ and/or retain only qualified duly licensed certified personnel to provide same.
Pursuant to the representation made to the City in subsection 2.4(iii), the City acknowledges
that the Executive Architect is the individual/firm designated under this Agreement who/which is
properly authorized and licensed to do business to perform the Services in the State of Florida,
and who/which, as such, shall assume and be responsible for all work, services, and other
services attributable to the "Architect of Record" for the Services and the Project.
2.13 The Design Professional agrees to designate, in writing, within five (5) calendar days
after issuance of the first Notice to Proceed, a qualified licensed professional to serve as its
project manager (hereinafter referred to as the "Project Manager''). The Project Manager shall
be authorized and responsible to act on behalf of the Design Professional, and the P.A., and the
E.A., with respect to directing, coordinating and administrating all aspects of the Services. The
Project Manager (as well as any replacement) shall be subject to the prior written approval of
the City Manager or his/her designee (who in this case shall be the Project
Coordinator). Replacement (including re-assignment) of an approved Project Manager shall
also not be made without the prior written approval of the City Manager or his/her designee (i.e.
the Project Coordinator).
2.13.1 The Design Professional agrees, within fourteen (14) calendar days of receipt of
written notice from the City Manager or his/her designee (which notice shall state
the cause therefore), to promptly remove and replace a Project Manager, or any
other personnel employed or otherwise retained by the Design Professional, P.A.
or the E.A. for the Project (including, without limitation, any sub-consultants).
2.14 The Design Professional agrees not to divulge, furnish, or otherwise make available to
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any third party(ies), any non-public information concerning the Services or the Project, without
the prior written consent of the City Manager or his/her designee (who shall be the Project
Coordinator), unless such disclosure is incident to the proper performance of the Services; or
the disclosure is required pursuant to Florida Public Records laws; or, in the course of judicial
proceedings, where such information has been properly subpoenaed. The Design Professional
shall also require all sub-consultants to comply with this subsection.
2.15 The City and the Design Professional acknowledge that the Scope of Services do not
delineate every detail and minor work task required to be performed by the P.A. and the E.A. to
complete the Project. If, during the course of performance of the Services, the P.A. and the E.A.
determine that work and/or services should be performed to complete the Project which is, in
their reasonable opinion, outside the level of effort originally anticipated in the Scope of
Services, the Design Professional shall promptly notify the Project Coordinator, in writing, and
shall obtain the Project Coordinator's written consent before proceeding with such work and/or
servcies. If the P.A. or the E.A. proceed with any such additional work or service without
obtaining the prior written consent of the Project Coordinator, said work or service shall be
deemed to be within the original Scope of Services, and deemed included as a Basic Service
(whether or not specifically addressed in the Scope of Services). Mere notice by the Design
Professional to the Project Coordinator shall not constitute authorization or approval by the City
to perform such work or services. Performance of any such work or services by the P.A. or E.A.
without the prior written consent of the Project Coordinator shall be undertaken at their sole risk
and liability.
2.16 The Design Professional shall establish, maintain, and categorize any and all
Project documents and records pertinent to the Services and shall provide the City, upon
request, with copies of any and all such documents and/or records. In addition, the Design
Professional shall provide electronic document files to the City upon completion of the Project.
2.17 The City's participation in the design and construction of the Project shall in no way be
deemed to relieve the Design Professional, and P.A. and the E.A. individually, of their
respective professional duties and responsibilities under the Contract Documents or under
Applicable Laws.
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2.18 GREEN BUILDING STANDARDS:
The Design Professional. shall comply with the requirements of Section 255.2575,
Florida Statutes, and Chapter 1 00 of the City Code, as both may be amended from time to time,
addressing applicable Leadership in Energy and Environmental Design (LEED) compliance
requirements.
2.19 SUB-CONSULTANTS:
All work and services provided by sub-consultants shall be consistent with those
commitments made by the P.A. in its Proposal, and during the competitive solicitation selection
process and interview. Such work and services shall be undertaken and performed pursuant to
appropriate written agreements between (as the case may be) the Design Professional, the
P.A., or the E.A. and the particular sub-consultant, which shall contain provisions that preserve
and protect the rights of the City under this Agreement. Nothing contained in this Agreement
shall create any contractual relationship between the City and sub-consultants.
Neither the Design Professional, nor the P.A., or the E.A. shall retain, add, or replace
any sub-consultant without the prior written approval of the City Manager, in response to a
written request from the Design Professional stating the reasons for any proposed substitution.
Any approval of a sub-consultant by the City Manager shall in no way shift the responsibility for
the quality and acceptability by the City of the work or services performed by such sub-
consultant, from the Design Professional, or the P.A. and the E.A. individually, to the City. The
quality and acceptability of work or services performed by sub-consultants shall be the sole
responsibility of the Design Professional, and the P.A. and the E.A. individually. The Design
Professional shall cause the names of sub-consultants responsible for significant portions of the
Services to be inserted in the plans and specifications.
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the
City's authorized representative to coordinate, direct, and review all matters related to this
Agreement and the Project during the design and construction of same (except unless
otherwise expressly provided in this Agreement or the Contract Documents). The Project
Coordinator shall be authorized (without limitation) to transmit instructions, receive information,
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and interpret and define City policies and decisions with respect to the Services and the Project.
However, the Project Coordinator is not authorized to issue any verbal or written orders or
instructions to the Design Professional (or the P.A. or the E.A.) that would have the effect (or be
interpreted as having the effect) of modifying or changing, (in any way) the following:
a) the Scope of Services;
b) the time within which the Design Professionalis obligated to commence and
complete the Services; or
c) the amount of compensation the City is obligated or committed to pay the
Design Professional.
3.2 The City shall make available to the Design Professional all information that the City has
in its possession pertinent to the Project. The Design Professional, and the P.A. and the E.A.
individually, hereby each agree and acknowledge that, in making any such information available
to the Design Professional, the City makes no express or implied certification, warranty, and/or
representation as to the accuracy or completeness of such information. The P.A. and the E.A.
hereby agree and acknowledge, that they are each responsible for verifying, to the extent they
deem necessary, any and all information furnished by the City to the Design Professional
pursuant to this subsection, and that the City shall not be responsible for the accuracy and/or
applicability of any or all such information used by the P.A. and the E.A. Such verification may
include, without limitation, visual examination of existing conditions in all locations encompassed
by the Project, where such examination can be made without using destructive measures (i.e.
excavation or demolition). Survey information shall be spot checked to the extent that the Design
Professional, and the P.A. and the E.A. individually, have each satisfied themselves as to the
reliability of the information.
3.3 [Intentionally Omitted]
3.4 At any time, in his/her sole discretion, and at the City's expense, the City Manager may
furnish accounting, and insurance counseling services for the Project (including, without
limitation, auditing services to verify the Design Professional's applications for payment, or to
ascertain that the Design Professionalhas properly remitted payment due to sub-consultants or
vendors).
3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project, or of
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any non-conformance with the Contract Documents, the City, through the Project Coordinator,
shall give prompt written notice thereof to the Design Professional.
3.6 The City, acting in its proprietary capacity as owner of the Project, and not in its regulatory
capacity, shall render any administrative approvals and decisions required under this
Agreement, in writing, as reasonably expeditious for the orderly progress of the Services
and of the Work. No proprietary City administrative approvals or decisions required under
this Agreement, including any decisions by the City Manager and the Project Coordinator, shall
be unreasonably conditioned, withheld, or delayed; provided, however, that the City shall at all
times have the right to approve or reject any such requests for any reasonable basis.
3. 7 The City Commission shall be the final authority to do or to approve the following actions
or conduct, by passage of an enabling resolution or amendment to this Agreement:
3. 7.1 Except where otherwise expressly noted in the Agreement or the Contract
Documents, the City Commission shall be the body to consider, comment upon,
or approve any amendments or modifications to this Agreement.
3.7.2 The City Commission shall be the body to consider, comment upon, or approve
any assignment, sale, transfe, or subletting of this Agreement. Assignment and
transfer shall be defined to also include sale of the majority of the stock of a
corporate consultant.
3.7.3 Upon written request from the Design Professional, the City Commission shall
hear appeals from administrative decisions of the City Manager or the Project
Coordinator. In such cases, the Commission~s decision shall be final and binding
upon all parties. This paragraph does not constitute a waiver of any party's right
to proceed in a court of competent jurisdiction after the City Commission's
decision becomes final.
3. 7.4 The City Commission shall approve or consider all Contract Amendments that
exceed the sum of twenty five thousand dollars ($25,000.00) (or other such
amount as may be specified by the City of Miami Beach Procurement Ordinance,
as amended).
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3.8 Except where otherwise expressly noted in this Agreement, the City Manager shall serve
as the City's primary representative to whom administrative requests for proprietary
decisions and approvals required hereunder by the City shall be made. Except where
otherwise expressly noted in this Agreement or the Contract Documents, the City Manager
shall issue decisions and authorizations which may include, without limitation, review, approval,
or comment, in a proprietary capacity, upon the schedules, plans, reports, estimates, contracts,
and other documents submitted to the City through the Design Professional.
3.8.1 The City Manager shall have prior review and approval of the Project Manager
(and any replacements) and of any sub-consultants (and any replacements).
3.8.2 The City Manager shall decide and render administrative decisions, in a
proprietary capacity, on matters arising pursuant to this Agreement which are not
otherwise expressly provided for in this Agreement. In his/her discretion, the
City Manager may also consult with the City Commission on such matters.
3.8.3 At the request of the Design Professional, the City Manager shall be authorized,
but not required, to reallocate monies already budgeted toward payment of
the Design Professioanl; provided, however, that the Design Professional's
compensation (or other budgets established by this Agreement) may not be
increased without the prior approval of the City Commission, which approval (if
granted at all) shall be at the Commission's sole and reasonable discretion.
3.8.4 [Intentionally Omitted]
3.8.5 The City Manager may approve Contract Amendments which do not exceed the
sum of twenty five thousand dollars ($25,000.00) (or other such amount as may
be specified by the City of Miami Beach Purchasing Ordinance, as amended);
provided that no such amendments increase the Design Professional's
compensation or any of the other budgets established by this Agreement.
3.8.6 The City Manager may, in his/her sole discretion, form a committee or
committees, or inquire of, or consult with, persons for the purpose of
receiving advice and recommendations relating to the exercise of the City's
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powers, duties, and responsibilities under this Agreement or the other Contract
Documents.
3.8. 7 The City Manager shall be the City Commission's authorized representative with
regard to acting on behalf of the City in the event of issuing any default notice(s)
under this Agreement, and, should such default remain uncured, in terminating
the Agreement (pursuant to and in accordance with Article 10 hereof).
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The City has established the Construction Cost Budget for the Project, as set forth in
Schedule "D", attached hereto.
4.2 The Design Professional, and the P.A. and the E.A. individually, shall each use
reasonable skill and care to represent to the City tha all estimates of Construction Cost
prepared by the Design Professionalare true and correct in all material respects at the time they
are submitted to the City for review.
4.3 The Design Professional, and P.A. and the E.A. individually, shall each represent to the
City that the Design Professional's review and evaluation of the Construction Cost Budget,
Statement of Probable Construction Cost, and any other cost estimates prepared (or otherwise
provided) by the Design Professional for the Project, represent their best judgment as
experienced design professionals familiar with the construction industry; provided, however, that
the Design Professional, or the P.A. and the E.A., cannot (and do not) guarantee that bids or
negotiated prices will not vary from any estimates of Construction Cost or other cost estimate(s)
prepared (or otherwise provided) by them.
4.4 The Construction Cost Budget (as established in Schedule "D" hereto) shall not be
exceeded without fully justifiable and unforeseen circumstances which are beyond the control of
the parties (such as Force Majeure). Any expenditure above this amount shall be subject to
prior City Commission approval which, if granted at all, shall be at the sole and reasonable
discretion of the City Commission. The City Commission shall have no obligation to approve
an increase in the Construction Cost Budget and, if such budget is exceeded, the City
Commission may, at its sole and reasonable discretion, terminate this Agreement (and the
remaining Services) for convenience, without any further liability to the City.
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4.5 If the lowest and best base bid exceeds the Construction Cost Budget by more than five
percent (5%), the City Commission may, at its sole option and discretion, elect any of the
following options: (1) approve an increase to the Construction Cost Budget; (2) reject all bids,
and (at its option) authorize re-bidding of the Project; (3) abandon the Project and terminate the
remaining Services for convenience without any further liability to the City; (4) select as many
Deductive Alternatives as may be necessary to bring the lowest and best bid within the
Construction Cost Budget; or (5) work with the Design Professional to reduce the Project Scope,
construction schedule, sequence of Work, or such other action, as deemed necessary, to
reduce the Construction Cost Budget. In the event the City elects to reduce the Project Scope,
the Design Professional shall provide any required revisions to the Contract Documents
(including, without limitation, the Construction Documents}, and provide re-bidding services, as
many times as reasonably requested by the City, at no additional cost to the City, in order to
bring any resulting, responsive and responsible bids within five percent (5%) of the Construction
Cost Budget.
ARTICLE 5. ADDITIONAL SERVICES
5.1 Additional Services shall only be performed by the Design Professional following receipt
of written authorization by the Project Coordinator (which authorization must be obtained prior to
commencement of any such additional work by the Design Professional). The written
authorization shall contain a description of the Additional Services required; an hourly fee (in
accordance with the rates in Schedule "C" hereto), with a "Not to Exceed" amount;
Reimbursable Expenses (if any) with a "Not to Exceed" amount; the amended Construction Cost
Budget (if applicable); the time required to complete the Additional Services; and an amended
Project Schedule (if applicable). "Not to Exceed" shall mean the maximum cumulative hourly
fees allowable (or, in the case of Reimbursable Expenses, the maximum cumulative expenses
allowable}, which the Design Professional shall not exceed without further written authorization
of the Project Coordinator. The "Not to Exceed" amount is not a guaranteed maximum cost for
the additional work requested (or, in the case of Reimbursables, for the expenses}, and all costs
applicable to same shall be verifiable through time sheets (and, for Reimbursables, expense
reviews).
5.2 Additional Services may include, but not be limited to, the following:
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5.2.1 Providing additional work or services relative to the Project which arises from
subsequent circumstances and causes which do not currently exist, or which are
not contemplated by the parties at the time of execution of this Agreement,
including changes in Applicable Laws, but excluding circumstances and causes
resulting from error, omission, inadvertence, or negligence of the Design
Professional, or of the individual P.A. or the E.A.
5.2.2 Serving as an expert witness in connection with any public hearing,
arbitration proceeding, or legal proceeding, unless the subject matter at issue
has arisen from the error, omission, inadvertence, or negligence of the Design
Professional, or of the individual P.A. or the E.A.
5.2.3 [Intentionally Omitted]
5.2.4 Assistance in connection with bid protests, or re-negotiating contracts.
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses are an allowance set aside by the City and shall include actual
expenditures made by the Design Professional in the interest of the Project. The Reimbursable
Expenses allowance, as specified in Schedule "B" hereto, belongs to, and shall be controlled by,
the City. Any money not authorized by the City to be used for Reimbursable Expenses shall
remain with the City (i.e. unused portions will not be paid to the Design Professional).
Notwithstanding the Reimbursable Expenses allowance, any request for Reimbursable
Expenses from such allowance, in excess of $500, must be authorized, in advance, in writing,
by the Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be submitted
by the Design Professional to the Project Coordinator (along with any supporting receipts and
other back-up material requested by the Project Coordinator). The Desgin Professional (as the
case may be) shall certify as to each such invoice and/or voucher that the amounts and items
claimed as reimbursable are "true and correct and in accordance with the Agreement."
6.2 Reimbursable Expenses may include, but not be limited to, the following:
6.2.1 Cost of reproduction, courier, and postage and handling of drawings, plans,
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specifications, and other Project documents (excluding reproductions for the
office use of the Design Professional and its sub-consultants, and courier,
postage and handling costs between the Design Professional and its sub-
consultants).
6.2.2 Costs for reproduction and preparation of graphics for community workshops.
6.2.3 Permit fees required by City of Miami Beach regulatory bodies having jurisdiction
over the Project (i.e. City permit fees).
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 The Design Professional's "Not to Exceed" fee for provision of Basic Services (which
includes all Basic Services to be provided by the P.A. and the E.A.) shall be $2,851,823, with a
Reimbursable Expenses allowance of $100,000, all as specified in Schedule "B" hereto.
7.2 Payments for Services shall be made within thirty (30) calendar days of receipt and
approval of an acceptable invoice (submitted by the Design Professional) by the Project
Coordinator. The Project Coordinator shall make reasonable good faith efforts to process and
approve all submitted invoices within ten (10) calendar days of receipt by the City. Payments
shall be made to the Design Professional in proportion to the Services satisfactorily performed,
so that the payments for Services never exceed the progress percentage noted in the Progress
Schedule (to be submitted with each invoice). No mark-up shall be allowed on subcontracted
work.
7.3 Approved Additional Services shall be compensated in accordance with the hourly rates
set forth in Schedule "C," attached hereto. Any request for payment of Additional Services shall
be included with a payment request. No mark-up shall be allowed on Additional Services
(whether sub-contracted or not). Additional Services are not included in the "Not to Exceed" fee
for provision of the Basic Services set forth in Section 7.1 above.
7.4 Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto, up
to the "Not to Exceed" Reimbursable allowance amount in Schedule "B" hereto. Any request for
payment of Reimbursable Expenses shall also be included with a payment request. No mark-
up shall be allowed on Reimbursable Expenses. Reimbursable Expenses are not included in the
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"Not to Exceed" fee for provision of the Basic Services set forth in Section 7.1 above.
7.5 ESCALATION: During the Term of this Agreement, the City may, by written directive
approved and executed by the City Manager, adjust and proportionately increase the fees
included in the Hourly Billing Rate Schedule in Schedule "C" hereto, to reflect a corresponding
increase in the Consumer Price Index (CPI) on a year to year basis. Such adjustment will be
based on the cumulative change of the CPI for the Miami urban area; provided, however, that in
no event shall any annual increase exceed three percent (3%).
7.6 No retainage shall be made from the Design Professional's compensation on account of
sums withheld by the City on payments to Contractor.
7.7 METHOD OF BILLING AND PAYMENT. The Design Professional (acting on behalf of
itself and on behalf of the P.A. and the E.A. individually) shall invoice the Project Coordinator in
a timely manner, but no more than once on a monthly basis. Invoices shall identify the nature
and extent of the Services performed (including the portion of the Services performed by the
P.A. and the E.A., respectively). For Services charged hourly, the total hours of work or
services performed by employee category, and the respective hourly billing rate associated
therewith, will also be supplied. In the event sub-consultant work is used, the percentage of
completion shall be identified. Invoices shall also itemize and summarize any Additional
Services and/or Reimbursable Expenses. A copy of the written approval of the Project
Coordinator for the requested Additional Service(s) or Reimbursable Expense(s) shall
accompany the invoice.
7. 7.1 If requested, the Design Professional shall provide back-up for past and current
invoices that records hours for all work (by employee category), and cost
itemizations for Reimbursable Expenses (by category).
7.7.2 The City shall pay the Design Professional on pay requests within thirty (30)
calendar days from receipt and approval of an acceptable invoice by the Project
Coordinator. Payment on an invoice by the City to the Design Professional shall
not only be deemed to constitute payment to the Design Professional, but also to
the P.A. and the E.A. individually (and any respective sub-consultants), for the
portion of Services performed and referenced within such payment
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request/invoice (and including any approved Additional and/or Reimbursable
Expenses claimed therein).
7.7.3 Upon completion of the Services, the Design Professional's final payment shall
require the prior written approval of the City Manager before disbursement of
same.
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
8.1 All books, records (whether financial or otherwise), correspondence, technical
documents, and any other records or documents related to the Services and/or Project will be
available for examination and audit by the City Manager, or his/her authorized representatives,
at the Executive Architect's office (at the address designated in Article 15 ["Notices"]), during
customary business hours. All such records shall be kept at least for a period of three (3)
years after the P.A. and E.A.'s completion of the Services. Incomplete or incorrect entries
in such records and accounts relating to personnel services and expenses may be grounds
for the City's disallowance of any fees or expenses based upon such entries. The Design
Professional shall also bind its sub-consultants to the requirements of this Article and
ensure compliance therewith
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS
9.1 All notes, correspondence, documents, plans and specifications, designs, drawings,
renderings, calculations, specifications, models, photographs, reports, surveys, investigations,
and any other documents (whether completed or partially completed) and copyrights thereto for
Services performed or produced in the performance of this Agreement, or related to the Project,
whether in paper or other hard copy medium or in electronic medium (collectively, "Intellectual
Property") shall be and remain the property of the Primary Architect subject to the terms and
conditions of this Article 9.
9.2 Without limiting the foregoing, the Primary Architect shall retain all rights to the
Intellectual Property ("Intellectual Property Rights"), and shall have the right to be identified as
the author of the Project in whole or in part and to assert such right at any time.
9.3 The City shall not be entitled to make, nor authorize or permit others to make, any
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material change to the product of the Design Professional's Services without the Primary
Architect's prior written consent. A "material change" is one that has a materially adverse impact
upon the aesthetic of the Project. The Primary Architect shall have the right to withdraw its
endorsement of the Project and the use of the Mark (as defined below) in the event of any
damage to the goodwill and reputation if the City amends, alters or deviates without limitation
from the designs, drawings and plans approved by the Primary Architect in the construction of
the Project.
9.4 Subject to full payment of the fees due for the Services delivered, and, in the case of
termination of the Agreement pursuant to subsection 10.1, 10.2 or 1 0.3, subject to payment of
Services satisfactorily performed and accepted up to termination date, the Design Professional,
and the P.A. and the E.A. individually, hereby each grant to the City an exclusive license of the
Intellectual Property Rights ("IP License") to use, copy and reproduce the product of their
Services for the purpose of a single construction of the Project, for the avoidance of doubt,
including (without limitation), the construction, completion, maintenance, alteration, modification,
reinstatement, repair, full or partial destruction, use, letting, lending, donating, sale, or
advertisement of the Project or the City's interest in it, or any part of it. The City shall not re-use
the Intellectual Property on any future project and the City agrees that neither the Design
Professional, nor the P.A., or the E.A. individually, shall have any liability to the City arising out
of any re-use by the City of the Intellectual Property.
9.5 The City or anyone authorized by the City shall be entitled to grant sub-licenses of the IP
License, provided that such sub-license contains the same obligations as in the IP License and
the City is solely responsible for the sub-licensees adherence to its terms.
9.6 Zaha Hadid is a registered trade mark ("Mark") and any use or association of the Mark
by the City in association with the Project or otherwise is subject to the following conditions:
Subject to full payment of the fees due for the Services delivered by the Design Professional,
the Primary Architect hereby grants to the City a non-exclusive license to use the Mark solely in
association with the Project including the promotion and advertisement of the Project ("Trade ·
Mark License"). For the avoidance of doubt there are no visual images of the proprietor attached
to the Trade Mark License.
9. 7 The City acknowledges the proprietary rights in the Mark and agrees that it shall not
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obtain any rights or goodwill in the Mark, and shall not attempt, or permit others to attempt, to
register the Mark or anything similar to it in any jurisdiction.
9.8 The City shall ensure that the Mark, as well as the name of the E.A.'s firm, shall be
clearly visible on the Project building in such prominence and form as would be in accordance
with industry standards and shall further ensure that the Mark (including, the name of the E.A. 's
firm) appears on all duplications of the products of the Services as are procured by or on behalf
of the City.
9.9 The City undertakes that it will not do or permit others to do anything which is derogatory
or detrimental to the goodwill and reputation of the Primary Architect and the Mark; and the
name, and endorsement of the P.A. and/or the Mark shall not be used for any purpose other
than that provided under the Trade Mark License, without the written prior consent of the P.A.
9.10 The City and the P.A. shall promptly notify the other in writing if they becomes aware of
any:
9.1 0.1 Actual or suspected infringement of the Intellectual Property Rights, including the
Mark, by any third party ("Infringement"); and/or
9.1 0.2 Claims made or threatened by any third party, that the Intellectual Property
Rights, including the Mark, infringe the rights of such third party ("Claim").
In the case of subsections 9.1 0.1 or 9.10.2:
Where the Infringement or Claim relates to the Intellectual Property Rights and/or rights
in the Mark licensed to the City under the terms of this Agreement, the City shall be entitled to
conduct any claims or proceedings and shall bear all costs of the same and shall be entitled to
retain all sums recovered in any action for its own account.
Where the Infringement or Claim relates to intellectual property rights of the Primary
Architect not licensed under the terms of this Agreement, or (i) where the City elects by notice in
writing to the P.A. not to conduct any claim or proceedings, or (ii) where the City fails to so notify
or, (iii) fails to commence any proceedings within thirty (30) days of receipt of notification of
them (in accordance with subsection 9.10 above), then the P.A. shall be entitled to conduct any
claims or proceedings and shall bear all costs of the same and shall be entitled to retain all
sums recovered in any action for its own account.
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Both parties shall provide to the other all assistance that it may reasonably require in the
conduct of any claims or proceedings.
9.11 The P.A. is entitled to the full range of remedies available under the jurisdiction for the
infringement of the P.A.'s Intellectual Property Rights and/or Mark.
9.12 Nothing contained herein shall be deemed 1) to exclude any document from
Chapter 119, Florida Statutes; or 2) notwithstanding subsection 9.3, in particular, a
waiver of the City's rights, both in its proprietary and regulatory capacity, to comment
upon, recommend changes to, and/or otherwise amend, alter, or deviate from the Desin
Professional's designs, drawings, and plans, to the extent required to obtain any and all
required design and other regulatory approvals for construction of the Project .
ARTICLE 10. TERMINATION OF AGREEMENT
10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is
subject to the appropriation of funds by its legislative body in an amount sufficient to allow
continuation of its performance in accordance with the terms and conditions of this Agreement.
In the event there is a lack of adequate funding either for the Services or the Project (or both),
the City may terminate this Agreement without further liability to the City provided that the
Design Professional shall be entitled to payment for all Services satisfactorily performed and
accepted up to the termination date, Reimbursable Expenses incurred through the date of
termination, and for the Design Professional's respective costs in assembly and delivery to the
Project Coordinator of the Project documents (referenced in subsection 1 0.2.3 below).
10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may
terminate this Agreement (which termination shall terminate the Agreement as to both the
Design Professional and as to the P .A. and the E.A. individually) for cause, upon written notice
to the Design Professional, in the event that either the Design Professional, or the individual
P.A. or the E.A. (hereinafter, the "defaulting party"): (1) violates any provision of this Agreement
or performs same in bad faith; (2) unreasonably delays the performance of the Services or any
portion thereof; or (3) does not perform the Services or any portion thereof in a timely and
satisfactory manner. In the case of termination for cause by the City, the defaulting party shall
first be granted a thirty (30) day cure period (commencing upon receipt of the initial written
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notice of default from the City); provided, however, if the nature of the cause is such that the
Project Coordinator determines that it cannot be cured within thirty (30) days, the City agrees to
provide the defaulting party with an additional reasonable time to cure up to a maximum of
ninety (90) days from the defaulting party's receipt of the initial notice; and provided, further, that
the defaulting party has (i) advised the City in writing of the reasons why cure cannot be
completed in thirty (30) days, (ii) commenced cure within the initial thirty (30) day period, and (iii)
is diligently and in good faith proceeding with its cure efforts ..
10.2.1 In the event this Agreement is terminated for cause by the City, the City, at its
sole option and discretion, may take over the remaining Services and
complete them by contracting with another consultant(s), or otherwise. The
Design Professional, and the P.A. and the E.A. individually, shall each be jointly
and severally liable to the City for any additional cost(s) incurred by the City due
to such termination. "Additional Cost" is defined as the difference between the
actual cost of completion of the Services, and the cost of completion of such
Services had the Agreement not been terminated.
1 0.2.2 In the event of termination for cause by the City, the City shall only be obligated
to pay for those Services satisfactorily performed and accepted up to the date of
termination and applicable Reimbursable Expenses (as such date is set forth in,
or can be calculated from, the City's initial written default notice). Upon payment
of any amount which may be due to the Design Professional pursuant to this
subsection 1 0.2.2, the City shall have no further liability to either the Design
Professional, or to the P.A. or the E.A. individually, with respect to this
Agreement or the Project.
1 0.2.3 As a condition precedent to release of any payment which may be due to the
Design Professional under subsection 1 0.2.2, the Design Professional shall
promptly assemble and deliver to the Project Coordinator any and all Project
documents prepared (or caused to be prepared) by it (including, without
limitation, those referenced in subsection 9.1 hereof, but which shall remain
subject to the conditions of Article 9). The City shall not be responsible for any
cost incurred by either the Design Professional, or the P.A. or the E.A.
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individually, for assembly, copy, and/or delivery of Project documents pursuant to
this subsection.
10.3 TERMINATION FOR CONVENIENCE: In addition to the City's right to terminate for
cause, the City, through the City Manager, may also terminate this Agreement (which
termination shall terminate this Agreement as to both the Design Professional and as to the
P.A. and the E.A. individually), upon fourteen (14) days prior written notice to the Design
Professional, for convenience, without cause, and without penalty, when (in its sole discretion) it
deems such termination to be in the best interest of the City. In the event the City terminates
the Agreement for convenience, the Design Professional shall be compensated for all Services
satisfactorily performed and accepted up to the termination date (as set forth in the City's written
notice), Reimbursable Expenses incurred through the date of termination, and for the its costs in
assembly and delivery to the Project Coordinator of the Project documents (referenced in
subsection 9.1, but which shall remain subject to the conditions of Article 9). Upon payment of
any amount which may be due to the Design Professional pursuant this subsection 1 0.3, the
City shall have no further liability to either the Design Professional, or to the P.A. or the E.A.
individually, with respect to this Agreement or the Project.
10.4 TERMINATION BY THE DESIGN PROFESSIONAL: Only the Design Professional
(and not the P.A. or the E.A. acting in their individual capacity) may terminate this Agreement,
and then only for cause, upon thirty (30) days prior written notice to the City, in the event that
the City willfully violates any provisions of this Agreement or unreasonably delays payment of
the Services or any portion thereof to the Design Professional. In the event of a termination for
cause, which can only be initiated by the Design Professional, the City shall pay the Design
Professional for any Services satisfactorily performed and accepted up to the date of
termination; provided, however, that the City shall first be granted a thirty (30) day cure period
(commencing upon receipt of the Design Professional's initial written notice).
1 0.4.1 Neither the Design Professional, nor the P.A. or the E.A., individually, shall have
the right to terminate this Agreement for convenience.
10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for
cause or for convenience), the Design Professional shall immediately, upon receipt of the City's
written notice of termination: (1) stop (or cause to stop) the performance of Services; (2) place
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no further orders or issue any other subcontracts (or ensure that no further ordrs have been
placed or subcontracts issued}, except for those which may have already been approved, in
writing, by the Project Coordinator; (3) terminate all existing orders and subcontracts (or ensure
that all existing orders and subcontracts have been terminated); and (4) promptly assemble (or
cause to be assembled) all Project documents (for delivery to the Project Coordinator). If
following any termination of this Agreement the City modifies the Project or any components
thereof, and that in the event of any such modifications that, in the reasonable opinion of the
P.A., result in a deviation from the P.A.'s original design, at P.A.'s request, the City shall refrain
from identifying the Project as being designed by the P .A.
10.6 "KEY PERSON" CLAUSE: The parties hereby acknowledge and agree that the City's
award of the RFQ, and its subsequent decision to negotiate, approve, and execute this
Agreement, was (and is) premised upon the following assumptions and findings: (1) that Zaha
Hadid Architects will be the Primary Architect for the Project, and-as the Primary Architect-
will perform the Services commensurate therewith (as referenced in this Agreement and in the
attached Schedules "A" and "A-1" hereto); (2) that the Project will be designed, constructed
and, once completed, recognized as a Zaha Hadid building; and (3) that the ongoing retention
and contractual participation of Zaha Hadid and Associates as the Primary Architect is of
integral and primary consideration to the City in its determination to proceed with the design,
development, and construction of the Project. Accordingly, if at any time during the Term of this
Agreement, Zaha Hadid Architects, is no longer contractually a part of this Agreement, or
otherwise ceases to be the Primary Architect for the Project, then the City Commission, at its
sole option and discretion, may elect to terminate this Agreement for cause, in accordance with
the provisions of subsection 10.2 hereof.
ARTICLE 11. INSURANCE
11.1 At all times during the Term of this Agreement, the Design Professional shall be solely
responsibly for ensuring to the City (and shall require) that the PA. and the E.A. each maintain
the following required insurance coverage in full force and effect. Neither the P .A. or the E.A.
shall commence any Services until the Design Professional has provided satisfactory proof of
the P.A. and the E.A.'s required insurance coverage to the Project Coordinator:
(a) Professional Liability Insurance, in the amount of one million dollars ($1 ,000,000.00},
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per occurrence, with a maximum deductible of $150,000 per occurrence, $450,000
aggregate. The P.A. and the E.A. shall each notify the Project Coordinator, in writing,
within thirty (30) days of any claims filed or made against their respective
Professional Liability Insurance policy.
(b) Comprehensive General Liability Insurance, in the amount of one million dollars
($1 ,000,000.00), Single Limit Bodily Injury and Property Damage coverage, for
each occurrence, which shall include products, completed operations, and
contractual liability coverage. The City of Miami Beach, Florida must be named as
an additional insured on this policy.
(c) Worker's Compensation and Employer's Liability coverage within the statutory
limits required under Florida law.
11.2 The P.A. and the E.A. must give the Project Coordinator at least thirty (30) days prior
written notice of cancellation or of substantial modifications in any of their respective required
insurance coverage. All certificates and endorsements shall contain this requirement.
11.3 The insurance must be furnished by an insurance company rated B+:VI or better, or its
equivalent, according to Bests' Guide Rating Book, and by insurance companies duly
authorized to do business in the State of Florida, and countersigned by the company's Florida
resident agent.
11.4 The P.A. and the E.A. shall each provide the Project Coordinator with a certificate of
insurance of all required insurance policies. The City reserves the right to require a certified
copy of such policies, upon written request to the P.A. or the E.A. (as the case may be).
ARTICLE 12.1NDEMNIFICATION AND HOLD HARMLESS
12.1 PRIMARY ARCHITECT'S INDEMNIFICATION: Pursuant to Section 725.08,
Florida Statutes, the P.A. shall indemnify and hold harmless the City and its officers,
employees, agents, and instrumentalities, from liabilities, damages, losses, and costs, including,
but not limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the P.A., and/or any other persons employed
or utilized by the P.A., in the performance of the P.A.'s Services pursuant to this Agreement and
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(as such Services are also denoted in Schedules "A" and "A-1" hereto).
The P.A. shall pay all claims and losses in connection therewith and shall investigate
and defend all claims, suits, or actions of any kind or nature in the name of the City, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's
fees which may issue thereon. The P.A. expressly understands and agrees that any insurance
protection required by this Agreement, or otherwise provided by the P.A., shall in no way limit its
responsibility to indemnify, keep, and save harmless and defend the City or its officers,
employees, agents, and instrumentalities as herein provided
12.2 The P.A. agrees and recognizes that the City shall not be held liable or responsible for
any claims which may result from any negligent, reckless, or intentionally wrongful actions,
errors or omissions of the P.A. in which the City participated, either through review or
concurrence of the P.A.'s actions. In reviewing, approving or rejecting any submissions by the
Contractor, or other acts of the P.A., the City in no way assumes or shares any responsibility or
liability of the P.A. (including, without limitation its sub-consultants) under this Agreement.
12.3 EXECUTIVE ARCHITECT'S INDEMNIFICATION: Pursuant to Section 725.08,
Florida Statutes, the E.A. shall indemnify and hold harmless the City and its officers,
employees, agents, and instrumentalities, from liabilities, damages, losses, and costs, including,
but not limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the E.A., and/or any other persons employed
or utilized by the E.A. in the performance of the E.A.'s Services pursuant to this Agreement (and
as such Services are also denoted in Schedules "A" and "A-1" hereto).
The E.A. shall pay all claims and losses in connection therewith and shall investigate
and defend all claims, suits, or actions of any kind or nature in the name of the City, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's
fees which may issue thereon. The E.A. expressly understands and agrees that any insurance
protection required by this Agreement, or otherwise provided by the E.A., shall in no way limit its
responsibility to indemnify, keep, and save harmless and defend the City or its officers,
employees, agents, and instrumentalities as herein provided
12.4 The E.A. agrees and recognizes that the City shall not be held liable or responsible for
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any claims which may result from any negligent, reckless, or intentionally wrongful actions,
errors or omissions of the E.A. in which the City participated, either through review or
concurrence of the E.A.'s actions. In reviewing, approving or rejecting any submissions by the
Contractor, or other acts of the E.A., the City in no way assumes or shares any responsibility or
liability of the E.A. (including, without limitation its sub-consultants) under this Agreement.
ARTICLE 13. ERRORS AND OMISSIONS
13.1 ERRORS AND OMISSIONS: It is specifically agreed that any construction changes
categorized by the City as caused by an error, an omission, or any combination thereof, in the
Contract Documents that were prepared by the Design Professional will constitute an additional
cost to the City that would not have been incurred without the error. The damages to the City
for errors, omissions, or any combination thereof shall be calculated as the total cost of any
damages or incremental costs to the City resulting out of the errors or omissions by the Design
Professional.
Damages shall include delay damages caused by the error, omission, or any
combination thereof. Should the Design Professional disagree that all or part of such damages
are the result of errors, omissions, or any combination thereof, then the Design Professional
may appeal this administrative determination, in writing, to the City's Capital Improvement
Projects Director (the Director). The Director's decision on all claims, questions and disputes
shall be administratively final, conclusive, and binding upon the parties hereto unless such
determination is clearly arbitrary or unreasonable. In the event that the Design Professional
does not agree with the decision of the Director, the Design Professional, shall present any such
objections, in writing, to the City Manager. The Director and the Design Professional, shall
abide by the decision of the City Manager. This paragraph does not constitute a waiver of any
party's right to proceed in a court of competent jurisdiction in a de novo proceeding after the
above administrative remedies have been exhausted.
ARTICLE 14. LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit
on its liability for any cause of action for money damages due to an alleged breach by the City
of this Agreement, so that its liability for any such breach never exceeds the total "Not to
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Exceed" amount of the fee to be paid to the Design Professional. under this Agreement, less
any amount(s) actually paid to it hereunder. The Design Professional, and the P.A. and the
E.A. individually, each hereby express their willingness to enter into this Agreement, with their
total collective recovery from the City for any damages for action for breach of contract to be
limited to the total "Not to Exceed" fee specified under this Agreement, less any amount(s)
actually paid by the City to the Design Professional hereunder.
Accordingly, and notwithstanding any other term or condition of this Agreement, the
Design Professional, and the P.A. and the E.A. individually, hereby agree that the City shall
not be liable to them, collectively, for money damages due to an alleged breach by the City of
this Agreement, in an amount in excess of the total "Not to Exceed amount" of the Design
Professional's fee under this Agreement, which amount shall be reduced by any amount(s)
actually paid by the City to the Design Professional hereunder.
Nothing contained in this subsection, or elsewhere in this Agreement, is in any way
intended to be a waiver of the limitation placed upon City's liability, as set forth in Section
768.28, Florida Statutes, with respect to tort liability.
The Design Professional, and the P.A. and the E.A. individually, each desire to enter into
this Agreement only if in so doing they can place a limit on their total collective liability for any
cause of action for money damages due to an alleged breach by the Design Professional
(including a breach by the individual P.A. or the E.A.) of this Agreement, so that their total
collective liability for any such breach never exceeds the total "Not to Exceed" amount of the
fee to be paid to the Design Professional under this Agreement. The Design Professional, and
the P.A. and the E.A. individually, each hereby express their willingness to enter into this
Agreement, with the City's total recovery from the Design Professional, and the P .A and the
E.A. individually, for any damages for action for breach of contract to be limited to a maximum
equal to the total "Not to Exceed" fee to be paid to the Design Professional under this
Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement, the City
hereby agrees that the Design Professional, and the P.A. and the E.A. individually, shall not be
liable to it, in total, for money damages due to an alleged breach by the Design Professional, or
by the individual P.A. or the E.A., of this Agreement, in an amount in excess of the total "Not to
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Exceed" amount of the fee to be paid to the Design Professional under this Agreement.
Nothing contained in this subsection, or elsewhere in this Agreement, is in any way
intended to be a waiver of the limitation placed upon City's liability, as set forth in Section
768.28, Florida Statutes, with respect to tort liability.
Notwithstanding the City's agreement to limit the Design Professional (and the P.A. and
E.A.'s) liability to the City in the event of an action for money damages for breach of this
Agreement by the Design Professional (or the individual P.A. or the E.A.), the aforestated
limitation of liability SHALL NOT apply to any cause of action for damages as a result of the
Design Professional's, or the individual P.A. or the E.A.'s, errors, omissions, or any combination
thereof (as set forth in Article 13 hereof; or for any damages, liabilities, lossess, and costs
sustained by the City, and its officers, employees, contractors, and agents, to the extent caused
by the misconduct, unlawful acts, negligence, recklessness, or intentionally wrongful conduct of
the Design Professional, or the individual P.A. or the E.A., or any of their respective officers,
employees, subconsultants, agents, and any other person(s) or entity(ies) acting under their
supervision, direction, or control.
ARTICLE 15. NOTICE
All written notices given to City by the Design Professional shall be addressed to:
City Manager's Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Jorge Gonzalez, City Manager
With a copy to:
Capital Improvement Projects Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Fernando Vazquez P.E., CIP Director
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All written notices given to the Design Professional from the City shall be addressed to:
[INSERT ADDRESS FOR D.P.]
With a copy to the Prime Architect (P.A.) at:
Zaha Hadid Limited
1 0 Bowling Green Lane
London EC1 R OBQ
Attn: Christoper Lepine, Associate
and
With a copy to the Executive Architect (E.A.) at:
Berenblum Busch Architecture, Inc.
848 Brickell Avenue
Suite 625
Miami, Florida 33131
Attn: Gustavo Berenblum, Principal
and
With a copy to:
Richard Daniels, Esquire
Daniels Kashtan, P.A.
3300 Ponce de Leon Blvd.
Coral Gables, Florida 33134
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All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by
certified mail, return receipt requested or recognized overnight courier such as Federal Express,
Express Mail or DHL. Notices may also be sent by electronic means such as email or facsimile
provided that such notice is followed up with a hard copy n the manner set forth in the preceding
sentence.
ARTICLE 16. MISCELLANEOUS PROVISIONS
16.1 VENUE: This Agreement shall be governed by, and construed in accordance with,
the laws of the State of Florida, both substantive and remedial, without regard to principles of
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conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of
Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, THE CITY, DESIGN
PROFESSIONAL, AND THE P.A., AND THE E.A. INDIVIDUALLY, EACH EXPRESSLY WAIVE
ANY RIGHTS SUCH PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: The Design Professional, and the
P.A. and the E.A. individually, each agree that they will not discriminate against any
employee or applicant for employment for work under this Agreement because of race,
color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or
familial status, or age, and will take affirmative steps to ensure that applicants are employed and
employees are treated during employment without regard to race, color, national origin, religion,
sex, gender identity, sexual orientation, disability, marital or familial status, or age.
16.3 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act
(Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has been
placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to the City, may not submit a bid on
a contract with the City for the construction or repair of a public building or public work, may not
bid on leases of real property to the City, may not be awarded or perform work as a contractor,
supplier, subcontractor, or subconsultant under a contract with the City, and may not transact
business with the City in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for Category Two, for a period of 36 months from the date of being placed on the
convicted vendor list. For violation of this subsection by either the Design Professional, or the
individual P.A. or the E.A., City shall have the right to terminate the Agreement without any
liability to City, and pursue debarment of the Design Professional.
16.4 NO CONTINGENT FEE: The Design Professional, and the P.A. and the E.A.
individually, each warrant and represent to the City that none of them have employed or
retained any company or person, other than a bona fide employee working solely for the Design
Professional, or for the P.A. or the E.A., to solicit or secure this Agreement, and that they have
not paid or agreed to pay any person, company, corporation, individual or firm, other than a
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bona fide employee working solely for the Design Professional, or for the P.A. or the E.A., any
fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or violation of this subsection, the City shall
have the right to terminate the Agreement, without any liability or, at its discretion, to deduct
from the contract price (or otherwise recover) the full amount of such fee, commission,
percentage, gift, or consideration.
16.5 LAWS AND REGULATIONS:
16.5.1 The Design Professional, and the P.A. and the E.A. individually, shall each,
during the Term of this Agreement, be governed by any and all Applicable
Laws which may have a bearing on the Services and the Project.
16.5.2 Project Documents. In accordance with Section 119.07 (3) (ee), Florida
Statutes, entitled "Inspection, Examination, and Duplication of Records;
Exemptions," all building plans, blueprints, schematic drawings, and diagrams,
including draft, preliminary, and final formats, are exempt from the provisions of
Section 119.07(1), Florida Statutes (inspection and copying of public records),
and s. 24(a), Article I of the State Constitution. Information made exempt by this
paragraph, with prior written approval from the City Manager, may be disclosed
to another entity to perform its duties and responsibilities; to a licensed architect,
engineer, or contractor who is performing work on or related to the Project; or
upon a showing of good cause before a court of competent jurisdiction. The
entities or persons receiving such information shall maintain the exempt status of
the information.
16.5.2.1 In addition to the requirements in this subsection 16.5.2, the
Design Professional, and the P.A. and the E.A. individually, each
agree to abide by all applicable Federal, State, and City
procedures, as may be amended from time to time, by which the
documents are handled, copied, and distributed which may
include, but is not limited to, each employee of either the Design
Professional, the P.A. or the E.A., and their respective sub-
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consultants that will be involved in the Project being required to
sign an agreement stating that they will not copy, duplicate, or
distribute the documents unless authorized by the City Manager,
in writing.
The Design Professional, and its respective sub-consultants each
agree that a current set of the Project documents shall at all times
be kept and maintained in a secure location in Miami-Dade
County, Florida (which location shall be the E.A. 's principal place
of business, as set forth in the "Notices" section of this Agreement
([Article 15 hereof]).
Each set of the Project documents are to be numbered and
the whereabouts of the documents shall be tracked at all times.
A log is developed to track each set of documents logging in the
date, time, and name of the individual(s) that work on or view the
documents.
16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The P.A. and the E.A. shall prepare,
without added compensation, all necessary supplemental documents to correct errors,
omissions, and/or ambiguities which may exist in the Contract Documents prepared by the P.A.
and the E.A., including documents prepared by their respective sub-consultants. Compliance
with this subsection shall not be construed to relieve the P .A or the E.A. from any liability
resulting from any such errors, omissions, and/or ambiguities in the Contract Documents and
other documents or Services related thereto.
16.7 WARRANTY: The Design Professional, and the P.A. and the E.A. individually, each
warrant to the City that the Services furnished under this Agreement shall conform to the quality
expected of and usually provided by the profession in the State of Florida applicable to the
design and construction of public parking garage facilities.
16.8 NON-EXCLUSIVITY: Notwithstanding any provision of this non-exclusive Agreement,
the City is not precluded from retaining or utilizing any other architect, engineer, design
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professional or other consultant to perform any incidental Basic Services, Additional Services, or
other professional services within the contract limits defined in the Agreement. The Design
Professional, and the P.A. and the E.A. individually, shall each have no claim against the City as
a result of the City electing to retain or utilize such other architect, engineer, design
professional, or other consultant to perform any such incidental Services.
16.9 ASSIGNMENT: Neither the Design Professional, nor the P.A. or the E.A. individually,
shall assign, transfer or convey this Agreement to any other person, firm, association or
corporation, in whole or in part, without the prior written consent of the City Commission, which
consent, if given at all, shall be at the Commission's sole option and discretion. However, the
above parties will be permitted to cause portions of the Services to be performed by sub-
consultants, subject to the prior written approval of the City Manager.
16.10 SUCCESSORS AND ASSIGNS: The Design Professional, the P.A., the E.A., and the
City each bind their selves and their respective partners, successors, legal representatives, and
assigns to the other party of the Agreement, and to the partners, successors, legal
representatives, and assigns of such party in respect to all covenants of this Agreement. The
Design Professional, the P.A., and the E.A. shall each afford the City (through the City
Commission) the opportunity to approve or reject all proposed assignees, successors or other
changes in the ownership structure and composition of either the Design Professional, the P.A.,
or the E.A.. Failure to do shall constitute a breach of this Agreement.
16.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance
of the Services prescribed herein, it shall be the responsibility of the P.A. and the E.A. to provide
all salaries, wages, materials, equipment, sub-consultants, and other purchased services, etc.,
as necessary to complete said Services.
16.12 INTENT OF AGREEMENT:
16.12.1 The intent of the Agreement is for the Design Professional, through the
P.A. and the E.A., to provide design services, and to include all necessary
items for the proper completion of such services for a fully functional
Project which, when constructed in accordance with the design, will be
able to be used by the City for its intended purpose. The Design
43
590
16.12.2
16.12.3
Draft in Substantial Form
3-14-12
Professional. shall perform, as Basic Services, such incidental work which
may not be specifically referenced, as necessary to complete the Project.
This Agreement is for the benefit of the parties only and it does not grant
rights to a third party beneficiary, to any person, nor does it
authorize anyone not a party to the Agreement to maintain a suit for
personal injuries, professional liability, or property damage pursuant to
the terms or provisions of the Agreement.
No acceptance, order, payment, or certificate of or by the City, or its
employees or agents, shall either stop the City from asserting any rights
or operate as a waiver of any provisions hereof or of any power or right
herein reserved to the City or of any rights to damages herein provided.
16.13 This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements, or understandings applicable to the matters
contained herein; and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements whether oral or written. It is further
agreed that no modification, amendment or alteration in the terms or conditions contained
herein shall be effective unless memorialized in written document approval and executed with
the same formality and of equal dignity herewith.
[REMAINDER OF THIS PAGE LEFT INTENTIONAllY BLANK.
SIGNATURES ON FOllOWING PAGES]
44
591
Draft in Substantial Form
IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
signed in their names by their duly authorized officers and principals, attested by their
respective witnesses and City Clerk on the day and year first hereinabove written.
Attest CITY OF MIAMI BEACH
CITY CLERK MAYOR
[DESIGN PROFESSIONAL SIGNATURES ON FOLLOWING PAGE]
45
592
3-14-12
Draft in Substantial Form
NOTE: THE PARTIES EXECUTING BELOW HEREBY AGREE AND ACKNOWLEDGE
THAT THEY ARE AUTHORIZED TO SIGN THE AGREEMENT BOTH (1) ON
BEHALF OF ONE OF THE TWO (2} MEMBERS OF THE JOINT VENTURE..!. AND
(2) INDIVIDUALLY, ON BEHALF OF (AS THE CASE MAY BE) THE t"RIME
ARCHITECT AND THE EXECUTIVE ARCHITECT ANDz.. ACCORDINGLY, BY
SUCH EXECUTION HEREINBELOW, THEY DO HEREtsY BIND THE JOINT
VENTURE {DESIGN PROFESSIONAL), AND THE PRIME ARCHITECT AND
EXECUTIVE ARCHITECT INDIVIDUALLY, TO THE TERMS AND CONDITIONS
OF THIS AGREEMENT.
Attest
Signature/Secretary
Print Name
Attest
Signature/Secretary
Print Name
46
593
DESIGN PROFESSIONAL/A JOINT
VENTURE OF ZAHA HADID LIMITED
AND BERENBLUM
BUSCH ARCHITECTURE, INC.
PRIME ARCHITECT (P.A.)/
ZAHA HADID LIMITED T/A ZAHA HADID
ARCHITECTS
Signature/President
Print Name
EXECUTIVE ARCHITECT (E.A.)/
BERENBLUM BUSCH ARCHITECTURE,
INC.
Signature/President
Print Name
3-14-12
SCHEDULE A:
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND
A JOINT VENTURE OF ZAHA HADID LIMITED T/A ZAHA HADID ARCHITECTS AND
BERENBLUM BUSCH ARCHITECTURE,INC.
FOR THE
COLLINS PARK GARAGE PROJECT
SCOPE OF SERVICES
DESIGN PROFESSIONAL:
ZAHA HADID LIMITED T/A ZAHA HADID ARCHITECTS {"PRIME ARCHITECT" or "P.A.") AND
BERENBLUM BUSCH ARCHITECTURE, INC {EXECUTIVE ARCHITECT" or "E.A.")
[Note: The term "Consultant" is used throughout this Schedule "A" for purposes of convenience and refers to
the Prime Architect and Executive Architect. Schedule "A-1 ", however, specifically denotes those services, or
portions thereof, to be performed primarily by the Prime Architect (P.A), and those to be performed by the
Executive Architect (E.A)]
BACKGROUND
The Cultural Arts Neighborhood District Overlay (CANDO) is an area that is in need of parking for the visitors and
residents of the City of Miami Beach. In order to serve this need, the CITY is proposing to build a five (5) level parking
garage. The site for the new parking facility is bounded by 23rd Street on the north; Park Avenue on the west; the Miami
City Ballet building on the south; and Liberty Avenue on the east (300 to 342 23rd Street).
In addition, the CITY owns a surface lot that serves the City Library bounded by Liberty Avenue to the west and the City
Library to the south (224 23rd Street), which the CITY is desirous to plan, design and build as part of the Basic Services
contemplated in this Agreement. This Project once built will generate jobs as well as provide a source of revenue for the
CITY.
SCOPE OF SERVICES
On May 11, 2011, the Mayor and City Commission approved the issuance of Request for Qualifications No. 31-10/11 for
the Architectural, Engineering, Design, Bid and Award, and Construction Administration Services for the Collins Park
Garage Project (the RFQ).
On June 17, 2011, the RFQ was issued, and on September 1, 2011, an Evaluation Committee ranked Zaha Hadid
Limited tla Zaha Hadid Architects as the top-ranked firm. On September 14, 2011, the Mayor and City Commission
approved Resolution No 2011-27735, authorizing the City Manager to execute a Professional AlE Services Agreement
for the Project, in the lump sum amount of $2,438,123, (plus an additional not to exceed amount of $413,700 for other
direct/specialty services, plus an additional not to exceed amount of $100,000 for Reimbursable Expenses), for
architectural, structural engineering, mechanical, electrical, plumbing, fire protection, (MEP) engineering, civil
engineering, landscape architecture, parking and transportation consultant, traffic impact study within the parameters
required by the CITY's Public Works and Planning Departments, environmental assessments, threshold inspection,
Zaha Hadid: Schedule A 594
special inspection (as required by the Building Department), construction cost estimating, surveying, geotechnical, and
asbestos survey services for the Project. The Services shall include, but not be limited to, planning, design development,
estimate(s) of probable construction cost, construction documents, permitting, bidding I award, minimum LEED Silver
(including but not limited to LEED process support and documentation), and construction administration services for the
Project.
The parking garage will be located on 300-342 23rd Street. In addition, to the proposed parking garage, the CITY desires
to enhance and/or close a portion of Liberty Avenue, from 23rd Street to 22nd Street, in order to create a pedestrian plaza
that will provide a strong connection from the parking structure to Collins Park, the Miami City Ballet building, and the
City Library.
In addition, the CITY is requesting that the DESIGN PROFESSIONAL also provide the design for a proposed new
building on the parcel located on 224 23rd Street (surface lot north of the City Library), and propose various concepts to
the CITY that studies the best use of the above referenced parcel which may include, but not be limited to, a commercial
building with retail on the ground floor and parking and/or commercial and/or retail on the floors above, with the
possibility of being connected directly by an extension of the parking levels or via a bridge to the new parking garage.
The Project will generally consist of the following (excluding commercial space tenant build-outs):
1: Parking New Garage located at 300-342 2:fd Street
1a: A Parking Garage with (maximized space) approximately 400 parking spaces, retail on the ground floor, and may
include roof top activation for events.
1 b: The design of Liberty Avenue, from 23rd Street to 22nd Street, in order to create a pedestrian plaza that serves the
Miami City Ballet building, the City Library, and links Collins Park to the new facilities.
1 c: The Construction Cost Budget established by the City for the parking garage and treatment of Liberty Avenue is
$12,500,000.
2: Proposed New Building located at 224 2:fd Street
2a: The proposed new building could include retail and/or commercial on the ground floor, and/or retail, commercial or
parking on the floors above.
2b: The City Library has certain service requirements which need to be addressed in the design of the proposed new
building.
2c: The parking garage and proposed new building could be physically connected.
2d: The Construction Cost Budget established by the City for the proposed new building including connection is
$6,000,000.
The City desires that the DESIGN PROFESSIONAL produce a design that personifies iconic architecture through the
use of design elements that integrates the two (2) structures, their physical connection and potential pedestrian plaza
into the distinctive urban context of the Cultural Arts Neighborhood District Overlay (CANDO) and the Museum Historic
District located within the City of Miami Beach, and arrive at a solution that addresses the unique needs of tl)e City's
stakeholders, residents, and visitors to the City's Cultural Campus.
Zaha Hadid: Schedule A 595
The Project will consist of the following:
1. A five (5) level parking garage and the proposed new building (as referenced in subsections 1 and 2 on p.2
hereof) with a maximum height as required by CITY Ordinance.
2. Approximately 400 parking spaces minimum (parking spaces to be maximized).
3. Retail establishments at a minimum on the on the ground floor, as required by the CITY.
4. Illuminated Exterior Garage Sign.
5. All applicable Project Site Way Finding Signage.
6.Signage for the Garage and Proposed New Building, including internal pedestrian and traffic directional signage as
well as all required Safety to Life signage.
7. Security System including High Definition Cameras including surveillance at the Stairwells.
8. Stairwell drainage system to enable pressure cleaning.
9. Stairwells to have water and graffiti resistant finishes.
1 0. Key Card Access.
11. Parking Revenue Control Equipment and "Pay on Foot" stations at major pedestrian access points. (Central
Cashier Station with Pay on Foot)
12. Parking Office and Bullet Proof Cash Window and Storage
13. Parking Space stripping as required by the Parking Department.
14. Traffic Deck waterproofing on roof.
15. Sandwiched Concrete Deck with hot applied roofing system over retail.
16. Traffic deck waterproofing system to protect car park decks.
17. Bike Storage.
18. Electric Charging Stations for Electric Vehicles, quantity to be determined during the planning and design
development phases.
19. Exit Pay on Foot Assistance I Refuge Area for Customers that did not pre-pay the Parking Fee at pedestrian
level Pay on Foot Station.
20. Required Life Safety Systems including but not limited to fire sprinklers, and fire alarm system.
21. Back-up Emergency Generator for Safety to Life Systems for the Garage.
22. Phone I Data and Information Technology (IT) I Audio Visual (AV) capability. Site Furniture.
23. The design of Liberty Avenue, from 23rd Street to 22nd Street, in order to create a pedestrian plaza that serves
the Miami City Ballet building, the City Library, and links Collins Park to the new facilities (as referenced in
subsection 1(b) on p.2 hereof).
Zaha Hadid: Schedule A 596
The Project Site:
Legend
c:J CIP Projects
The DESIGN PROFESSIONAL's services shall also include LEED process support and documentation pursuant to U.S.
Green Building Counsel LEED Standard and/ or CITY Code Chapter 1 00, "Sustainability, Article 1, Green Building
Ordinance", whichever is most stringent and include but not be limited to the following.
• LEED documentation, application and all required submittals to achieve a USGBC LEED SILVER certification for
new construction;
• Providing the Project specifications that clearly delineate all LEED-related Contractor responsibilities and
procedures, provide the LEED required documentation of all materials, technologies, and procedures upon which
the achievement of design intent and LEED Silver certification depend;
Zaha Hadid: Schedule A 597
• Coordinating with and assisting the CITY's Building Commissioning Agent I Contractor in its implementation of the
Building Commissioning Plan. That plan shall result in full compliance with the LEED standard for full
documentation of building commissioning. In particular it will structure and document the full initiation, testing,
operational instruction, and record documentation of all building systems.
• The Project Team will conduct meetings that will result in a list of clearly defined and clearly assigned actions and
responsibilities for moving towards the achievement of LEED Silver certification and related project goals.
It is understood that DESIGN PROFESSIONAL cannot guarantee LEED Certification.
The DESIGN PROFESSIONAL's Basic Services shall consist of Five Tasks: 1.) Planning, 2.) Design, 3.} Bidding and
Award, 4.) Construction Administration, and 5.) Other Services (Parking and Transportation Consultant, Traffic Impact
Study, Environmental Assessments, Threshold Inspection and Special Inspection Services, Surveying, Geotechnical,
Asbestos Survey}, and shall also include, without limitation, any and all of the DESIGN PROFESSIONAL's
responsibilities and obligations, as set forth in the attached General Conditions of the Contract for Construction and/or
the Construction Manager at Risk Agreement (Schedule F).
The CITY may, at its sole option, choose to employ conventional bids, or Construction Manager (CM) at-Risk for the
Project. The DESIGN PROFESSIONAL shall cooperate fully with the General Contractor, or Construction Manager
(CM) at-Risk selected by the CITY. All required drawings shall be prepared utilizing CADD (vector format) in
conformance with the latest CITY format.
The DESIGN PROFESSIONAL shall become familiar with the Project site through frequent site visits, research, and
examination of any record drawings, as applicable, and shall notify the CITY of any field, on-site, or off-site conditions not
shown or incorrectly shown on the record drawings, as may have been reasonably discovered. At the DESIGN
PROFESSIONAL's request, the CITY will facilitate the DESIGN PROFESSIONAL'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 DESIGN PROFESSIONAL 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 DESIGN
PROFESSIONAL's Basic Services, are considered due diligence, and the DESIGN PROFESSIONAL shall receive no
additional compensation for such design phase site visits and meetings. Provided the DESIGN PROFESSIONAL has
conducted a good faith investigation, the DESIGN PROFESSIONAL shall not be responsible or held liable for
undiscovered hazardous or other unforeseen conditions or materials.
The total estimated Construction Cost Budget established by the City for the Project is approximately $18,500,000, not
including a construction phase contingency allowance that is to be held in reserve by the CITY, for CITY's use, during
the construction phase.
The CITY may require (in order to expedite this Project) that the DESIGN PROFESSIONAL phase this Project as
described below:
Zaha Hadid: Schedule A 598
Phase ONE: Demolition Phase: Produce a set of permit ready demolition plans to be developed as a separate permit
package by the General Contractor (GC) or GMP Amendment to the Construction Manager at Risk (CMR) to be
scheduled in advance of the Notice to Proceed for the construction issued to the General Contractor (GC) or
Construction Manager at Risk (CMR).
1. Phase TWO: Construction Phase: Construction of the Parking Garage, Proposed New Building and a pedestrian
plaza that serves the Miami City Ballet building, the City Library, and links Collins Park to the new facilities.
The DESIGN PROFESSIONAL shall arrange for and coordinate the efforts of its sub-consultants as such expertise is
needed and determined by the evolution of the Project program requirements and/or site conditions.
The DESIGN PROFESSIONAL, at the DESIGN PROFESSIONAL's expense, proposes to have the specialists
designated below, either from the DESIGN PROFESSIONAL's organization or as the DESIGN PROFESSIONAL's
contracted sub-consultants, to perform the services indicated:
Structural Engineer:
MEP Engineers:
Fire Protection Engineer:
Fa9ade Engineer:
Landscape Architect:
Civil Engineer:
Traffic Impact Study:
Transportation CONSULTANT:
Parking CONSULTANT:
Surveyor:
Construction Cost Estimating:
Geotechnical Engineering:
LEED Specialist:
Threshold Inspections:
Environmental Assessments:
Material Testing:
Zaha Hadid: Schedule A
DeSimone Consulting Engineers {Florida)
Ross & Baruzzini {Florida)
Ross & Baruzzini {Florida)
Front Inc. {New York) or other approved consultant
Kimley-Horn and Associates, Inc. {Florida)
Langan Engineering {Florida)
Kimley-Horn and Associates, Inc. {Florida)
Kimley-Horn and Associates, Inc. {Florida)
Tim Hass {Florida)
Miller Legg {Florida)
PACO Group {Florida)
Langan Engineering {Florida)
Sequil Systems {Florida)
DeSimone Consulting Engineers {Florida)
Langan Engineering {Florida)
Tierra South {Florida)
599
Basic Services shall consist of the following:
TASK 1 PLANNING SERVICES:
The purpose of this Task is to specifically develop a phased concept plan that meets the CITY's functional requirements,
incorporates community input, and stays within established schedule and cost parameters.
The Planning Phase will include the following major tasks: (1.1) Project Kick-Off Meeting; (1.2) Visioning Session to
clarify project goals and confirm budget; (1.3) Project Site Reconnaissance Visit; (1.4a) Initial Planning Session and
(1.4b) Development of Design Concepts; (1.5} Review Meeting prior to Community Design Workshop; (1.6.1) Community
Design Workshop # 1 and (1.6.2) Community Design Workshop I Historic Preservation Board Workshop (HPB) # 2;
(1.7) Preparation of a draft Basis of Design Report (BOOR); (1.8) Conduct LEED Workshop and prepare conclusions;
(1.9); Review of Draft BOOR with City Departments and Present the Basis of Design Report to the City's Historic
Preservation Board (HPB) and/or Planning Board if applicable; (1.1 0) Final Master Plan I Basis of Design Report (BOOR)_
Presentation to the Mayor and City Commission for approval; (1.11) Additional Historic Preservation Board Workshop
(HPB), Planning Board (PB), City Commission and/or other required Review Meetings.
Note that Tasks 1.1 through 1.11 are intended to identify the information required to develop an initial Concept
Plan. A total of two (2) Community Design Workshops shall be conducted as defined in Task 1.6.
Based on the results of the Community Design Workshops, a draft Basis of Design Report (BOOR) shall be
developed as noted in Task 1.7. A LEED Workshop shall be conducted to develop the CITY's goals for sustainable
architecture as described in Task 1.8. A review of the draft BOOR with City Departments and/or Agencies and the
Historic Preservation Board Workshop (HPB}, Planning Board, and City Commission presentations and approvals shall
be as noted in Task 1.9. A final Basis of Design Report shall then be prepared summarizing the accepted design
concept, budget level cost estimate and implementation schedule as noted in Task 1.10. To facilitate the
implementation of a Public Information Program, DESIGN PROFESSIONAL shall provide electronic files of all Project
documents, as requested by CITY.
Note: Tasks 1.1 through 1.4a are a series of meetings that will be consolidated into two (2) to a maximum of four (4)
consecutive days.
Task 1.1 Project Kick-Off Meeting: The DESIGN PROFESSIONAL shall meet with the CITY to review existing
documents and receive copies of available reference documents. CITY shall provide general information regarding
procedures and direction. The DESIGN PROFESSIONAL shall prepare draft meeting minutes and forward them to CITY
for review and comments. The DESIGN PROFESSIONAL shall finalize and distribute, accordingly. The DESIGN
PROFESSIONAL shall prepare a list of requested background information, department interviews and any other special
area visits. The DESIGN PROFESSIONAL shall schedule a reconnaissance visit of the Project site, to be attended by
critical DESIGN PROFESSIONAL personnel, as well as key CITY staff.
Zaha Hadid: Schedule A 600
Deliverables:
1 . Attend Project Kick-Off Meeting
2. Prepare and distribute Meeting Minutes
Schedule: See Schedule "E": Project Schedule
Task 1.2 Attend "Visioning" Session: The DESIGN PROFESSIONAL shall attend a half-day "Visioning" session to
be scheduled with representatives of CITY and the DESIGN PROFESSIONAL. The purpose of the "Visioning" session
shall be to clarify project goals to prepare for the Community Design Workshops. Issues to be discussed shall
include the proposed alternatives, budget and schedule.
Deliverables:
1. Attend ''Visioning" session with representatives of the CITY and the DESIGN PROFESSIONAL.
2. Prepare and distribute meeting minutes
Schedule: See Schedule "E" -Project Schedule
Task 1.3 Project Site Reconnaissance Visit: The DESIGN PROFESSIONAL shall attend a Site Reconnaissance Visit.
This site visit shall also be attended by applicable CITY staff. The intent of this task is to facilitate the DESIGN
PROFESSIONAL'S understanding of the Project needs. This may include document review, department interviews and
requests for additional information to be facilitated by the CITY.
The DESIGN PROFESSIONAL shall prepare draft meeting minutes including action items and individuals responsible for
further action, and forward them to the CITY for review and comments. The DESIGN PROFESSIONAL shall finalize and
distribute accordingly.
Subsequent visits (at no additional cost to the CITY) may be required to gather additional information. This task includes
further document research, exploration and documentation of existing conditions, and discussions with particular on-site
personnel to understand their current conditions, shortfalls and future needs. The DESIGN PROFESSIONAL shall inform
the CITY of any additional document or visitation needs so that information can be researched in an organized and
timely manner. Secondary meetings with other agencies, code officials or utilities may also be necessary as part of this
task.
The DESIGN PROFESSIONAL shall prepare draft meeting minutes and forward them to CITY for review and comments.
The DESIGN PROFESSIONAL shall finalize and distribute, accordingly.
Deliverables:
1 . Attend Site Reconnaissance Project Site Visit
2. Prepare and distribute meeting minutes
Schedule: See Schedule "E" -Project Schedule
Zaha Hadid: Schedule A 661
Task 1.4 a. Initial Planning Sessions and b. Development of Design Concepts:
a. The DESIGN PROFESSIONAL shall attend an initial Planning Session to be scheduled with representatives of the
CITY and the DESIGN PROFESSIONAL. The purpose of the session shall be to clarify Project goals to the user group(s)
so that viable conceptual alternatives can be explored. At this meeting, the DESIGN PROFESSIONAL shall review the
background information, program and site options in preparation for an open "brain-storming" discussion regarding the
benefits and disadvantages of each. This planning session will establish the groundwork for the development of initial
conceptual alternatives.
The DESIGN PROFESSIONAL shall prepare draft meeting minutes and forward them to the CITY for review and
comments. The DESIGN PROFESSIONAL shall finalize and distribute, accordingly.
b. Based on the results of the site visit, materials presented at the Kickoff Meeting and during subsequent background
gathering, and discussion and conclusions made at the initial planning session, the DESIGN PROFESSIONAL shall
develop a minimum of three (3) preliminary conceptual alternatives. The DESIGN PROFESSIONAL shall require that two
(2) of the referenced concepts shall present proposed improvements possible under current budget limitations and, that
are responsive to the Project program, budget, and schedule. The other concept(s) shall reflect additional levels of
potential improvements that may be possible should additional funding become available. Initial testing parameters and
investigative work recommendations shall also be identified. The DESIGN PROFESSIONAL shall assemble graphic
images identifying alternative Project design concepts, if applicable, to allow the CITY a full understanding of proposed
alternatives.
The DESIGN PROFESSIONAL shall develop Project conceptual alternatives graphically representative of Phase One
30% schematic design level of detail. In this effort, the DESIGN PROFESSIONAL shall meet with the CITY to review the
various alternatives and discuss the benefits and disadvantages of each so that decisions can be made on the
recommended alternatives and priorities. Each alternative will have a preliminary rough-order of magnitude (ROM) cost
estimate with enough detail, equal to a Phase One schematic design level of detail, to be able to compare and
differentiate each alternative and make planning decisions.
Upon completion of the work session, the DESIGN PROFESSIONAL shall make revisions to its proposed conceptual
plan (Schematic Design level-Phase One 30%), as necessary, to develop a recommended approach.
I'
Deliverables:
1. Attend review session with representatives from the CITY.
2. Prepare and distribute meeting minutes
3. Develop Project a minimum of three (3) conceptual alternatives graphically representative of Phase One 30%
Schematic Design level of detail as noted above
4. Develop "budget" level ROM cost estimates
5. Revise proposed concept (Phase One Schematic Design drawings) and develop final materials for
Recommended Approach as approved by the CITY
Zaha Hadid: Schedule A
Schedule: See Schedule "E" -Project Schedule
Task 1.5 Review Meeting Prior to Community Design Workshops: DESIGN PROFESSIONAL shall meet with
applicable CITY Staff to ensure that any and all concerns regarding Project scope, schedule and cost parameters are
addressed prior to scheduling the Community Design Workshops. DESIGN PROFESSIONAL shall prepare and
distribute meeting minutes, accordingly.
Deliverables:
1. Meet with representatives of CITY during Task 1.1 through 1.5.
2. Prepare and distribute meeting minutes
Schedule: See Schedule "E": Project Schedule
Task 1.6 Community Design Workshops
Two ( 2 } community workshops shall be conducted to solicit and address resident input on the design of the
Project. CITY will schedule, find locations for, and notify residents of all such meetings. DESIGN PROFESSIONAL
shall prepare all materials for presentation at each workshop. At a minimum these shall include "full size" graphics, a
summary of cost estimates, workshop agendas and requisite handouts of each. DESIGN PROFESSIONAL shall
prepare draft meeting minutes and forward them to the CITY, who shall finalize and distribute, accordingly. Each
workshop is intended to address specific design issues as discussed in the following:
Task 1.6.1 Community Design Workshop No.1
The first workshop is intended to provide community residents with a review of the Project scope, budget and
schedule. DESIGN PROFESSIONAL shall prepare full size presentation graphics illustrating the Site Analysis Maps
and Design Concept Alternatives developed under Tasks 1.2 and 1.11. As previously noted, the alternatives shall
present proposed improvements possible under current budget limitations. In addition, graphics shall be prepared
presenting a summary of probable costs for the various improvements and the workshop agenda. "Budget" level cost
estimates shall be +30%, -11 0% as defined by the American Association of Cost Engineers. Based on this data,
DESIGN PROFESSIONAL shall present the preliminary planning information to attendees. CITY Staff will also attend
these meetings, and assist DESIGN ~ROFESSIONAL with responses to resident questions, as applicable. DESIGN
PROFESSIONAL shall note reasonable design revision requests from residents for review and incorporation into the
proposed plan. Due to the fixed nature of funding on the various projects within the Program, budget limits must be
adhered to. DESIGN PROFESSIONAL shall be prepared to discuss budgets and the various impacts of resident
requested revisions on such, accordingly.
Deliverables:
1. Prepare materials, attend and conduct Community Design Workshop No. 1.
2. Prepare and distribute meeting minutes
Schedule: See Schedule "E": Project Schedule
Zaha Hadid: Schedule A 6u>3
Task 1.6.2 Community Design Workshop No. 2 (To take place at a Historic Preservation Board Meeting):
The second workshop is intended to take place at a Historic Preservation Board (HPB) Meeting, and is intended to
present the HPB and the members of the public present, with the selected design concept, budget and schedule after
consideration of the input received during Workshop No. 1. The DESIGN PROFESSIONAL shall prepare full size
presentation graphics illustrating the selected design concept, along with a summary of probable costs for the
improvements and the workshop agenda. The selected design concept shall be presented and shall illustrate proposed
improvements possible under current budget limitations. "Budget" level cost estimates shall be +30%, -110% as defined
by the American Association of Cost Engineers. Based on this data, the DESIGN PROFESSIONAL shall present the
information to the attendees. CITY staff will also attend these meetings, and assist DESIGN PROFESSIONAL with
responses to resident questions, as applicable. DESIGN PROFESSIONAL shall note that the design concepts
presented during this meeting are considered "near final" and the CITY will consider only minor design revision
requests from residents for review and incorporation into the proposed plan.
Deliverables:
1. Prepare materials, attend and conduct Community Design Workshop No. 2.
2. Prepare and distribute meeting minutes
Schedule: See Schedule "E": Project Schedule
Task 1.7 Preparation of Draft Basis of Design Report (BOOR):
The DESIGN PROFESSIONAL shall prepare a draft BOOR presenting the results of the Community Design Workshops
and final consensus design plan (Phase I, 30% Schematic Design drawings). The BOOR shall include a summary of
findings, site plan, and exhibit(s) illustrating all proposed improvements, inclusive of the demolition of existing facilities and
engineering limitations, construction of buildings, vehicular access and pedestrian circulation/access.
In addition, the BOOR shall include sufficient detail in plans (representative of Phase I, 30% Schematic Design drawings),
sections, notes, and key descriptions to facilitate review by the various CITY permitting departments (Building
Department, Fire Prevention, Public Works and Planning divisions) as discussed in Task 1.9.
At a minimum, the draft BOOR shall include narratives and graphics illustrating:
• Executive Summary summarizing the contents of the BOOR.
• A section reviewing the existing conditions to be improved.
• A section reviewing the planning and programming process and development of the final recommended phased
improvement plan. This section shall include details (representative of Phase I, 30% Schematic Design level of
detail in the drawings) presentations of all proposed improvements.
• A Project implementation plan, inclusive of demolition of existing structures, utilities, buildings, landscaping, lighting,
vehicular access I parking, ingress and egress to the site I buildings, construction and general site improvements.
Zaha Hadid: Schedule A 6()14
• Proposed Improvements with a description of all proposed project elements inclusive of a Phase I, Schematic
Design concept plan and design alternatives, if applicable.
• A section discussing the phasing of general concepts from the planning process, if applicable.
• A "budget" level cost estimate prepared in conformance with format provided by CITY. Estimates shall be provided
for all phased project capital improvements, including without limitation, the proposed new building at 224 23rd
Street site.
• A schedule for implementing the Project by phases (i.e. design, bid/award, construction, as applicable) itemized
phase by phase, including critical issues and the time period allowed for resolving each issue. The schedule shall
be prepared in the latest version of Primavera Project Planner and provided to the CITY in hard copy as well as
electronically.
• Discussion regarding permitting authorities having jurisdiction over Project and provide a list of permits typically
retained by the City and I or Contractor. Unique and I or special permitting requirements shall be identified as well
as permitting fees.
• Incorporate vehicular access and pedestrian access (ingress and egress) as recommended by the completed
Traffic Impact Study to be included as part of the BODR.
Five (5) copies of the draft BODR shall be provided to the CITY for initial review and comments and shall at a minimum,
include the following sections: Executive Summary, Purpose and Scope, Existing Conditions report(s), Phase I,
Schematic Design drawings, Permitting and Implementation, and Cost Estimates.
Deliverables:
1. Prepare 25 copies of the draft BODR.
Schedule: See Schedule "E": Project Schedule
Task 1.8 Conduct LEED Workshop and Prepare Conclusions:
The DESIGN PROFESSIONAL shall organize and conduct an LEED (Leadership in Energy and Environmental Design
Green Building Rating System) workshop to be scheduled with appropriate representatives of the CITY and the DESIGN
PROFESSIONAL to discuss LEED registration and certification for the new facility. The DESIGN PROFESSIONAL's
sustainability initiatives shall conform to Florida Statute 255.2575 "Energy Efficiency and Sustainable buildings", CITY
Code Chapter 100, "Sustainability, Article 1, Green Building Ordinance", and US Green !Building Counsel LEED Standard;
whichever is most stringent addressing LEED compliance requirements.
The DESIGN PROFESSIONAL shall organize the discussion around the specific approach and method to accomplish
achieving a minimum "Silver" LEED rating (with higher ratings sought if possible).
.{.
Deliverables:
1. Prepare materials and conduct workshop
2. Prepare and distribute preliminary LEED Checklists indicating prioritized points and likelihood of attainment.
3. Prepare and distribute meeting minutes
Zaha Hadid: Schedule A 6()?5
4. Register project with US Green Building Council
Schedule: See Schedule "E":Project Schedule
Task 1.9 Review of Draft BOOR with the CITY Departments and Present to the CITY's Historic Preservation Board
(HPB); Design Review Board (ORB) and/or Planning Board (PB) as required by the CITY.
The DESIGN PROFESSIONAL shall meet to receive, present and review the draft BOOR with the following, but not
limited to, CITY Departments and Committees:
• CITY of Miami Beach Public Works Department;
• CITY of Miami Beach Property Management Department;
• CITY of Miami Beach Planning Department;
• CITY of Miami Beach Historic Preservation Board (HPB);
• CITY of Miami Beach Building Department;
• CITY of Miami Beach Capital Improvement Projects Office;
• CITY of Miami Beach Police Department;
• CITY of Miami Beach Fire Department;
• CITY of Miami Beach Parking Department;
• CITY of Miami Beach Parks and Recreation I Green-space;
• Capital Improvement Oversight Committee {CIPOC);
• And, if necessary and/or required, any County, and/or state agency having jurisdiction over the Project, or
elements herein.
The CITY will forward copies of the draft BOOR to the above noted CITY Departments. Comments shall be solicited and
forwarded to the DESIGN PROFESSIONAL for review I comment I response I incorporation into the draft BOOR
document. It is anticipated that the DESIGN PROFESSIONAL shall attend a total of up to three (3) meetings with the
various CITY Department representatives to review the various CITY Department comments.
The applicable CITY staff will attend the noted review meeting(s) and assist the DESIGN PROFESSIONAL, as
practicable. However, the DESIGN PROFESSIONAL retains final responsibility for obtaining all necessary approvals, and
for implementing required revisions and resubmissions as necessary.
The DESIGN PROFESSIONAL and its key sub-consultants shall attend meetings as deemed necessary by the CITY. It is
recognized by the CITY that the time period for obtaining approvals from the various review agencies is beyond the ..
control of the DESIGN PROFESSIONAL, except for issues concerning the acceptability of the proposed design concepts
and the DESIGN PROFESSIONAL's ability to respond to review agency comments. Hence, the DESIGN
PROFESSIONAL shall address and respond to comments received from the various reviews in writing, and implement
requested revisions into the draft BOOR, as agreed with the CITY, within ten (10) business days of acceptance of
comments, unless agreed to otherwise with the CITY.
Zaha Hadid: Schedule A 600
Upon incorporating the comments received from the various CITY Departments; the DESIGN PROFESSIONAL shall
revise its draft BOOR and then present the revised draft BOOR with Phase One, 30% Schematic Design level of detail in
the drawings, (with requisite narratives, graphics and Power-point presentation materials) to the CITY's Historic
Preservation Board (HPB).
Deliverables:
1. Attend BOOR review meetings
2. Prepare and distribute meeting minutes
3. Address comments and revise BOOR accordingly
4. Present BOOR to Historic Preservation Board (HPB)
5. Present BOOR to Capital Improvement Oversight Committee (CIPOC) if required.
Schedule: See Schedule "E" Project Schedule
Task 1.10 Final Master Plan I Basis of Design Report (BOOR) and Presentation to the CITY Commission
The DESIGN PROFESSIONAL shall prepare a final BOOR based on comments and revisions implemented during the
reviews with the various the CITY Departments I review entities as noted in Task 1.9.
This final BOOR serves as the basis for development of detailed design documents as discussed in Task 2.0. It shall also
be used as the basis for the DESIGN PROFESSIONAL's presentation to the CITY Commission for approval. If the CITY
Commission directs revision to the final BOOR, the DESIGN PROFESSIONAL shall prepare an Addendum, in the CITY
provided format, for distribution to all final BOOR stakeholders.
Deliverables:
1. Prepare and distribute meeting minutes
2. Prepare 25 copies of a final BOOR and Addendum, as necessary.
3. Present the final BOOR to the CITY Commission for approval
Schedule: See Schedule "E": Project Schedule
Task 1.11 Additional HPB, ORB,' PB and/or City Commission and/or City Department Review Meetings:
The DESIGN PROFESSIONAL shall provide for an additional up to three total (4) presentations to the HPB, ORB, PB,
City Commission and other CITY Departments meetings if necessary to gain the required CITY approvals in order to
proceed with the Design Development phase of the Project.
In addition, to all required efforts noted above, the DESIGN PROFESSIONAL shall note that the CITY may, at its
discretion, substitute one of the meetings described in Task 1.0 through 1.10 for a meeting with the CITY, Committee or
Agency, as deemed necessary. These meetings shall be identified as a separate line item in Schedule B and if this
allowance is not used it shall remain with the CITY.
TASK 2 DESIGN SERVICES:
The purpose of this Task is to establish requirements for the preparation of contract documents for the Project.
Zaha Hadid: Schedule A 6117
Task 2.1 requires that DESIGN PROFESSIONAL perform a variety of forensic tasks to verify existing conditions and the
accuracy of any available as-built drawings, surveys and maps to be used for development of the contract drawings.
Task 2.2 discusses requirements for the preparation of contract documents, inclusive of drawings, specifications and
front-end documents.
Task 2.3 establishes requirements with regard to constructability and value engineering reviews.
Task 2.4 establishes requirements for the preparation of Statements of Probable Construction Cost by the DESIGN
PROFESSIONAL.
Task 2.5 establishes requirements for the Community Design Review Meeting (CORM).
Task 2.6 discusses contract document revisions based upon the input received from the residents at the Community
Design Review Meeting (CORM).
Task 2.7 specifies requirements for review of contract documents with jurisdictional permitting agencies prior to
finalization.
Task 2.8, discusses the DESIGN PROFESSIONAL's QA/QC of Design Documents.
To facilitate the implementation of a Public Information Program, the DESIGN PROFESSIONAL shall provide electronic
files of all Project documents, as requested by the CITY for posting on the program website. The DESIGN
PROFESSIONAL shall provide the electronic files for the front-end documents, technical specifications, and construction
drawings in MS-Word, AutoCAD and Adobe Acrobat file format.
The review process shall consist of 30%, 60%, 90% and 1 00% complete submittals. Contract documents shall be subject
to constructability and value engineering reviews to be performed by others. DESIGN PROFESSIONAL shall work with
the CITY to adjust I revise Project scope as may be deemed necessary to meet established budgets as the design
evolves from earlier to latter stages of completion.
It is understood that if the DESIGN PROFESSIONAL'S design at the 30%, 60%, 90% and/or 100% submittals are over
the established construction budget, then at the direction of the City the DESIGN PROFESSIONAL shall perform value
engineering of the project and propose alternative designs, materials, and/or systems to the CITY in order to bring the
project within budget.
DESIGN PROFESSIONAL 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 DESIGN PROFESSIONAL.
Task 2.1 Verification of Existing Conditions: DESIGN PROFESSIONAL shall obtain all available As-Built drawings,
perform structural evaluation of the structures, perform a detailed topographic survey of the existing Project site. The
survey shall be performed 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 DESIGN PROFESSIONAL.
Zaha Hadid: Schedule A 6118
• The DESIGN PROFESSIONAL shall set benchmarks at convenient locations along the site to be used during
both the design and construction phases of the Project.
• The DESIGN PROFESSIONAL shall locate and identify existing surface improvements I topographic features that
are visible within the Project site, including but not limited to, the following:
• 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.
• Above ground 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/ 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 DESIGN
PROFESSIONAL shall submit 3 copies of a preliminary Draft Survey for CITY review and comment. The DESIGN
PROFESSIONAL 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.
Upon completion and acceptance of the final survey, the DESIGN PROFESSIONAL shall forward same to the following
agencies with a request to mark I identify respective utilities on the survey base map. The DESIGN PROFESSIONAL
shall coordinate this effort with each agency in an effort to identify the location of all existing underground utilities. The
DESIGN PROFESSIONAL shall incorporate utility owner markups I edits into its survey base map file. The DESIGN
PROFESSIONAL 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
• Bell South I A TT
• 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 DESIGN PROFESSIONAL
The DESIGN PROFESSIONAL shall also request information regarding any future proposed improvements by each
agency. To facilitate tracking of the progress made in this work effort, the DESIGN PROFESSIONAL shall copy the CITY
Zaha Hadid: Schedule A 609
on all correspondence with each agency. In addition, the DESIGN PROFESSIONAL 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 DESIGN PROFESSIONAL, during construction.
The DESIGN PROFESSIONAL shall become familiar with the Project site through frequent site visits, research, and
examination of any record drawings, as applicable, and shall notify the CITY of any field, onsite, or off-site conditions not
shown or incorrectly shown on record drawings, as may have been reasonably discovered. At the DESIGN
PROFESSIONAL's request, the CITY shall facilitate the DESIGN PROFESSIONAL's access to the Project site and or
facilities for investigative purposes. These site visits are part of the DESIGN PROFESSIONAL's Basic Services, are
considered due diligence, and the DESIGN PROFESSIONAL shall receive no additional compensation for such design
phase site visits and meetings. Provided that the DESIGN PROFESSIONAL has conducted a good faith investigation, the
DESIGN PROFESSIONAL and DESIGN PROFESSIONAL's sub-consultants shall not be responsible or held liable for
undiscovered hazardous or unforeseen conditions or materials.
Based on the collected data, the DESIGN PROFESSIONAL shall develop detailed design base maps for the Project. 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. DESIGN PROFESSIONAL shall illustrate proposed improvements on the site plan and shall
prepare final site plan ba.sed on the information gathered herein. Copies of base maps shall be distributed to CITY.
Deliverables:
1. Perform work as noted to develop final survey.
2. Deliver three (3) draft and five (5) final signed and sealed surveys to CITY.
Schedule: See Schedule "E": Project Schedule
Task 2.2 Detailed Design: DESIGN PROFESSIONAL shall prepare detailed design documents consisting of
architectural, 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 at time of execution of this
Agreement.
Technical specifications shall be prepared in conformance with Construction Specifications Institute (CSI) formats. The
CITY, through the DSM, shall furnish the DESIGN PROFESSIONAL with standard CITY specification outlines for
Divisions 1. For reference purposes, the CITY will provide copies of its standard Job Order Contract (JOC) specifications
via the DSM. DESIGN PROFESSIONAL shall provide additional sections that the DESIGN PROFESSIONAL may require,
not already provided through the CITY standards I DSM, subject to review and comment by the CITY. DESIGN
PROFESSIONAL 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 DESIGN PROFESSIONAL in "Microsoft MS-
Word" format. DESIGN PROFESSIONAL shall use the same software in all Project related work. DESIGN
PROFESSIONAL shall utilize base front-end documents provided by the CITY. DESIGN PROFESSIONAL shall edit
Zaha Hadid: Schedule A 6fl0
accordingly to result in a Project specific document. Any requirements for Supplementary General Conditions shall be
subject to review and acceptance by the CITY.
DESIGN PROFESSIONAL shall attend monthly Design Progress Meetings as required to meet the project schedule (see
Schedule "E") with CITY at the CITY's CIP offices as scheduled by CITY staff. The DESIGN PROFESSIONAL shall
provide, and maintain a design progress schedule. Should the CITY determine that the DESIGN PROFESSIONAL has
fallen behind schedule, pursuant to the attached "Schedule "E"" through no fault of the CITY, the DESIGN
PROFESSIONAL shall provide a mutually acceptable recovery schedule.
The DESIGN PROFESSIONAL shall submit monthly invoice requests accompanied by an updated design progress
schedule.
For purposes of this Scope of Services, the following will be considered the minimum effort to be provided by the DESIGN
PROFESSIONAL for establishing detail design milestone submittals:
Task 2.2.1: 30% Design Development Documents Requirements
Prior to the preparation of the 30% design completion stage drawings, the DESIGN PROFESSIONAL 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 2.1. As a guide, the CITY requires at a minimum, the following information for 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 (Berenblum Busch).
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 F.S. 2310.193.
6. Asbestos Survey and Material Testing Report
7. Floor Plans: Floor plans showing points of the compass, overall dimensions, identity of each space,
proposed door locations, accessibility for the disabled, occupant load of each space, proposed passive design
Zaha Hadid: Schedule A 6181
and low energy usage features, possible community service areas any existing buildings and use, future
additions, and phased construction.
8. Emergency Generator Location: Indicate location of emergency generator, fire pump room, electrical vault,
mechanical rooms, elevator equipment and machine rooms, IT Closet, as and other Life Safety design
features, if applicable.
9. Life Safety Plan: A life-safety plan showing exits, accessibility for the disabled, fire walls, fire resistance rated
walls, protected corridors, smoke barriers, fire alarm systems, room names and numbers, or any other life-
safety features relevant to the facility. The life-safety plan shall also show if a fire sprinkler system is proposed
10. Technical Specifications: Draft technical specifications in outline form, to be incorporated into the project.
11. 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.
12. Statement of Probable Construction Cost: The submittal shall include the DESIGN PROFESSIONAL'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.
13. Geotechnical Evaluation
14. Drainage Calculations
15. Traffic Impact Study
Task 2.2.2: 60% Design Development Documents Requirements
The 60% design development documents shall consist of the plan and profile view of all improvements, applicable
sections and construction details. The CITY requires that the 60% design development documents continue the
development of the 30% design submittal documents approved by the CITY and shall include but not be limited to the
following design development drawings and documents at a minimum:
1. Topographic Survey
2. Demolition Plan
3. Civil Drawings
4. Landscape, Irrigation Plans and Site Lighting
5. Life Safety Plan
6. Architectural Plans: Exterior Building Elevations, Sections, Details, Interior Elevations, Enlarged Plans of
Special areas with furnishings and equipment layouts (such as Building Lobby, Bathrooms, Offices,
Stairways, Elevator etc), Reflected Ceiling Plans, Vertical Circulation Drawings and Details, $chedules and
General Notes,
7. Structural Plans
8. Mechanical Plans
9. Fire Protection Systems
10. Electrical Plans Fire Alarm
11 . Photometric Plans
12. Plumbing Plans
13. Site Signage Plans
14. Garage Signage including Pedestrian and Traffic Signage Plans
Zaha Hadid: Schedule A 612
Specialized Reports and Testing: The results of all the reports and tests including but not limited to geotechnical
reports, structural calculations, drainage reports, material testing, environmental reports and testing shall be incorporated
into the design documents and they shall identify proposed foundation design, structural shell design, roof and deck
design and treatment, drainage, and if applicable method for removal of contaminated materials and/or soils.
Technical Specifications: Specifications giving general description of finishes, materials, and systems, as required, to
supplement and support the intent, quality and performance of the DESIGN PROFESSIONAL's design documents.
Schedule of Unit Prices: Updated 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.
Statement of Probable Construction Cost: The submittal shall include the DESIGN PROFESSIONAL's updated
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.
The DESIGN PROFESSIONAL shall submit the 60% design to the CITY for distribution to City Departments and the
Regulatory Agencies having jurisdiction over the Project, for review and comments. Said comments from the CITY shall
be incorporated into the 90% design submittal.
Task 2.2.3: 90% and 100% Design Development Documents Requirements
The 90% design completion stage milestone shall consist of a near final construction document set including the front-end
documents (general and supplemental conditions), technical specifications, and construction drawings for all Work. The
DESIGN PROFESSIONAL shall include detailed construction sequencing restrictions for the CITY's review with this
submittal. Prior to the preparation of the 90% design completion stage drawings, the DESIGN PROFESSIONAL shall
incorporate changes to its design based upon review comments received, as noted in Task 2.3 below. In addition, the
DESIGN PROFESSIONAL shall provide its "Definitive" Statement of Probable Construction Cost as defined by the
American Association of Cost Engineers with this submittal to be consistent with the overall not-to-exceed Project
Construction Cost Budget. Prior to 90% design, DESIGN PROFESSIONAL shall meet with appropriate regulatory
agencies to evaluate the project compliance with regulatory requirements.
The 100% design completion stage milestone shall consist of the 90% documents updated to include all constructability
and design review comments, and regulatory agency comments. The DESIGN PROFESSIONAL shall provide its
"Definitive" Statement of Probable Construction Cost, and unit price bid form, modified as needed, to reflect final permit
and regulatory agency comments and modifications.
In addition, the 100% plans shall be considered final, once the DESIGN PROFESSIONAL has achieved a City of Miami
Beach Building permit and all other applicable permits necessary to commence construction of the Project.
Deliverables:
1. Furnish six {6) sets each of the 30, 60, 90, and 100 percent design completion stage documents and Statements of
Zaha Haclid: Schedule A 64>3
Probable Construction Cost to CITY, as applicable (three full size and three half size for each submittal).
2. Attend design progress meetings with CITY staff at the CIP offices as scheduled by the CITY.
Schedule: See Schedule "E" -Project Schedule
The DESIGN PROFESSIONAL shall respond in writing and revise the design I construction documents as
necessary to reflect all comments from the Regulatory Agencies Having Jurisdiction over the Project and/or
other CITY Departments within ten (10) business days of receipt of comments for the 30%, 60%, 90% and 100%
design submittals or determine another mutually acceptable timeframe.
Task 2.3 Design I Constructability I Value Engineering Review: To verify that the DESIGN PROFESSIONAL is in
compliance with the required BOOR and CITY 's requirements, the CITY will conduct a series of design submittal reviews
on all Project design documents, inclusive of cost estimates at the 100% and 90% completion stage submittals. Note that
the 90% completion stage submittal will be utilized to initiate the CITY of Miami Beach Building Department permitting
reviews, and the 100% design completion stage submittal will incorporate the review comments and will be used to
procure permits from jurisdictional review agencies, and/or may be utilized to obtain pricing.
The purpose of these reviews shall be to verify that the documents are consistent with the design intent as set forth in the
approved Project Basis of Design Report (BOOR). These documents shall be furnished as bound 8-1/2-inch by 11-inch
technical specifications and full-size (24-inch by 36-inch) and half size (11-inch by 17-inch) drawings (as noted in the Task
2.3 deliverables). The applicable CITY Departments shall perform reviews on these documents and provide written
comments (in "Excel" spreadsheet format) back to the DESIGN PROFESSIONAL.
Following receipt of comments by the DESIGN PROFESSIONAL, a meeting may be scheduled between the CITY and
DESIGN PROFESSIONAL to discuss the intent and review of the comments. Subsequently, the DESIGN
PROFESSIONAL shall address how each comment was acted upon, within ten (10) business days after the review
session and/or receipt of the comments. The responses shall be in the spreadsheet format provided to the DESIGN
PROFESSIONAL. The DESIGN PROFESSIONAL shall revise its documents to address all review comments.
The CITY will perform constructability reviews of the design documents relative to value, construction sequencing, and bid
format. These reviews shall be based upon 30, 608 90 and 100 percent design submittals received from the DESIGN
PROFESSIONAL and shall be conducted concurrently but separately from the 30, 60, 90 and 100 percent design reviews
noted above. These constructability review meetings shall be held to discuss the DESIGN PROFESSIONAL's proposed
construction sequencing restrictions and bid formats.
The CITY's review of the contract documents shall .not relieve DESIGN PROFESSIONAL from its responsibility to the
CITY with regard to the quality and completeness of its contract documents.
Deliverables:
1. Attend meetings with the CITY to review and discuss design constructability and value comments.
2. Prepare written responses to comments made during reviews within ten (10) business days after the review
Zaha Hadid: Schedule A
session
Schedule: Complete concurrently with Design Phase schedule.
Task 2.4 Cost Opinions: The DESIGN PROFESSIONAL shall prepare Statements of Probable Construction Cost for the
30, 60, 90 and 100 design completion stage submittals, as well as the final (100 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
11 0% under the actual amount) "Budget" Level as defined by the American Association of Cost Engineers. The accuracy
of the cost estimate associated with the 60, 90 and 100 percent completion stage submittals shall be a +110% to -10%
(i.e. 11 0% over I 10% under the actual amount) "Definitive" Level Estimates as defined by the American Association of
Cost Engineers. All estimates shall be submitted in Microsoft "Excel" format. All estimates shall be furnished bound in 8-
1/2-inch by 11-inch size. Based upon the DESIGN PROFESSIONAL's cost estimate or bids, the CITY will advise the
DESIGN PROFESSIONAL if portions of the Project need to be deleted, phased and/or bid as alternate bid items to satisfy
Construction Cost Budget (based upon DESIGN PROFESSIONAL's analysis and recommendations). In this effort, the
DESIGN PROFESSIONAL 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 DESIGN PROFESSIONAL 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, 60, 90 and 100 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 Design Phase schedule.
Task 2.5 Community Design Review Meeting
The DESIGN PROFESSIONAL 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 DESIGN PROFESSIONAL shall prepare draft meeting minutes and forward them to the CITY, who shall review,
f;
provide comments and distribute accordingly. The DESIGN PROFESSIONAL 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 DESIGN PROFESSIONAL shall provide sufficient staff at the meeting to address concerns by residents at
two (2) plan stations. It is, anticipated that the DESIGN PROFESSIONAL will attend one Pre-CORM meeting with CITY
staff to review the proposed format of the presentation.
Task 2.6 Document Revisions: The DESIGN PROFESSIONAL shall incorporate contract document revisions, as
approved by the CITY and based upon the input provided by the residents at the CORM. Provided they are consistent
with previous obtained approvals and do not represent an extensive change to project scope, size, design, price, etc.
Zaha Hadid: Schedule A 6~
Task 2. 7 Permitting Reviews: DESIGN PROFESSIONAL shall prepare applications and such documents and design
data as may be required to procure approvals from all such governmental authorities that have jurisdiction over the
Project. The CITY will pay all permit fees. DESIGN PROFESSIONAL shall participate in meetings, submissions,
resubmissions and negotiations with such authorities. DESIGN PROFESSIONAL shall respond to comments by such
authorities within ten (10) business days of receipt of comments or determine another mutually acceptable timeframe. It
is the intent of this scope of services that the DESIGN PROFESSIONAL be the responsible party for formally transmitting
and receiving permits to and from the respective jurisdictional authorities. However, since the CITY is to track and monitor
progress on the preparation and review of permits and subsequent requests for information, DESIGN PROFESSIONAL
shall also copy the CITY on all permit related correspondence. This includes DESIGN PROFESSIONAL generated
minutes from meetings held with related parties. It is recognized by CITY that the time period required for obtaining
permits is beyond the control of the DESIGN PROFESSIONAL, except with regard to issues concerning the permit ability
of the proposed design and the DESIGN PROFESSIONAL's ability to respond to permitting agency requests for
information in a timely manner. At the time of scope preparation, governmental authorities that have or may have
jurisdiction over Project have been identified as follows:
• Florida Department of Environmental Protection
• South Florida Water Management District
• Miami-Dade Water and Sewer Authority
• Miami-Dade Department of Public Works
• Miami-Dade Department of Health and Rehabilitative Services
• Miami-Dade Department of Environmental Resource Management
• The CITY of Miami Beach Building Department
• The CITY of Miami Beach Fire Department
• The CITY of Miami Beach Planning Department
• The CITY of Miami Beach Public Works Department
• Florida Department of Transportation
Notwithstanding the above, the CITY's failure to identify governmental authorities that have jurisdiction over the Project
shall not relieve DESIGN PROFESSIONAL from its responsibility to assist the City in obtaining all required permits.
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 Design Phase schedule.
Task 2.8 The DESIGN PROFESSIONAL's QA/QC of Design Documents:
DESIGN PROFESSIONAL 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.
Zaha Hadid: Schedule A 6:!J36
The CITY, at its discretion, may require that DESIGN PROFESSIONAL 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. Provided that "Redi-check" technical experts
or any other such effort is paid for by the City and is not part of basic scope of DESIGN PROFESSIONAL's Basic
Services.
TASK 3 -BIDDING AND AWARD SERVICES:
The CITY, at its sole option and discretion, will be advertising for a General Contractor (GC) via an Invitation to Bid (ITB}
or a Construction Manager at Risk (CMR) for Pre-construction Services I Guaranteed Maximum Price (GMP)
Construction Contract to prosecute construction of the Project. The DESIGN PROFESSIONAL shall assist, advise and
evaluate bids and/or the GMP Amendment(s) as required in the General Contractor's Contract or the Construction
Manager at Risk Agreement (Schedule G), attached hereto and incorporated herein by reference.
CITY shall transmit contract documents prepared by the DESIGN PROFESSIONAL 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.
DESIGN PROFESSIONAL shall attend the Technical Review Panel meeting convened by the CITY to interview the
General Contractor or CMR and/or sub-contractors and evaluate their submittals. DESIGN PROFESSIONAL's role will be
to provide any relevant technical information and address technical questions, as may be needed by CITY staff during the
bid evaluation process.
Task 3.1 Construction Contract Document Review: DESIGN PROFESSIONAL shall assist the CITY during the bid and
award phase of the Project's construction contract. The CITY shall transmit contract documents prepared by DESIGN
PROFESSIONAL to the CITY's Risk Management, Legal and Procurement Departments for verification of appropriate
insurance, form and bonding requirements. DESIGN PROFESSIONAL shall assist CITY in this effort by providing (1) one
electronic copy of the complete contract documents set (drawings and specifications).
Task 3.2 Bid Document Delivery: D~SIGN PROFESSIONAL shall provide the CITY and GC or CMR 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 and Bid Opening: The CITY and the GC or CMR shall conduct one or more pre-bid
conferences. DESIGN PROFESSIONAL shall attend the pre-bid conference and bid opening for each phase of this
Project and review, and advise the CITY accordingly.
DESIGN PROFESSIONAL will prepare meeting agenda and draft meeting minutes. DESIGN PROFESSIONAL shall
attend and participate in as many pre-bid conferences and bid openings as may be required.
Zaha Hadid: Schedule A 61147
Task 3.4 -Addenda Issuance:
DESIGN PROFESSIONAL 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 DESIGN PROFESSIONAL
by CITY. These queries and responses shall be documented and a record of each shall be transmitted to the CITY within
48 hours. DESIGN PROFESSIONAL shall 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 Subcontract Bid Evaluation and Bid Opening:
DESIGN PROFESSIONAL shall coordinate with the GC or CMR the process for evaluation, review and acceptance of the
subcontract bidding. The DESIGN PROFESSIONAL shall be present with the CITY and GC or CMR when the bids are
opened and shall evaluate and make recommendations to the CITY regarding the acceptance and award of bids to
qualified responsive and responsible subcontractors.
DESIGN PROFESSIONAL shall evaluate the bids for completeness, 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.
This scope of services includes no additional allowance for DESIGN PROFESSIONAL's time to assist the CITY in the
event of a bid protest. To the extent DESIGN PROFESSIONAL's services are required in the event of a bid protest; this
shall be considered an Additional Service.
Task 3.6 Guaranteed Maximum Price (GMP) Construction Contract Award or Hard Bid /ITB Construction Award:
DESIGN PROFESSIONAL shall provide three (3) sets of construction contract documents, inclusive of addenda, for
execution by the CITY and the GC or CMR within ten (10) business days or a mutually acceptable time period of
request, as approved by the CITY.
Task 3.7 As-Bid Contract Documents: After the contract award and prior to the pre-construction conference, the
DESIGN PROFESSIONAL shall prepare "As-Bid" construction contract documents which, at a minimum, shall incorporate
the following items into the construction contract documents:
• GC or CMR 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 construction contract drawings to include modifications I revisions incorporated via contract addenda.
The DESIGN PROFESSIONAL shall prepare As-Bid construction contract documents and reproduce sets as requested,
for distribution to the CITY within ten (10) business days or a mutually acceptable time period, as approved by CITY,
after CITY Commission approval.
The following apply to Task 3.1 through 3.7:
Zaha Hadid: Schedule A
Deliverables:
1 . Attend and participate in pre-bid conferences and bid openings.
2. Respond to questions from prospective bidders and prepare addenda for distribution by others on a same day
basis and no later than 48 hours or a mutually acceptable timeframe.
3. Prepare recommendation of award letter
4. Provide sets of contract documents for contract execution
5. Prepare As-Bid contract documents reproduce sets and forward to the CITY.
Schedule: See Schedule "E": Project Schedule
TASK 4 CONSTRUCTION ADMINISTRATION SERVICES
The DESIGN PROFESSIONAL shall perform the following tasks related to the construction administration of the Project.
These tasks shall be performed during the duration of all construction.
DESIGN PROFESSIONAL's compensation includes construction administration for the duration (through completion and
issuance of final certification) of the Project. DESIGN PROFESSIONAL's construction administration services tasks shall
be required during the duration of all construction (through Project completion and final certification) at the negotiated total
amount which is based on a monthly rate for an anticipated duration. Beyond this anticipated duration, agreed rates
apply for Additional Services, pursuant to Schedule B. No over-time rates will be considered.
The use of E-Builder software will be implemented during the construction phase of this Project and will be used by CITY
staff, the Contractor, and the DESIGN PROFESSIONAL for Project document management and tracking purposes.
DESIGN PROFESSIONAL will be required to electronically archive into E-Builder scanned copies of: DESIGN
PROFESSIONAL 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
<?Orrespondence, 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 4.1a Pre-Construction Meeting: The DESIGN PROFESSIONAL shall attend one (1) pre-construction meeting with
CITY and Contractor. The DESIGN PROFESSIONAL will prepare and distribute agenda and subsequent meeting minutes
to all attendees and other appropriate parties.
Deliverables:
1. Attend and participate in pre-construction meeting.
2. Prepare agenda and meeting minutes.
Schedule: As scheduled by CITY after issuance of Task 4 Notice to Proceed.
Zaha Hadid: Schedule A 6~
Task 4.1 b: Pre-Construction Kick-off Meeting with Residents:
DESIGN PROFESSIONAL shall prepare, attend and conduct one (1) pre-construction meeting with the residents. The
purpose of this meeting shall be to introduce the Contractor to the residents, as well as have the DESIGN
PROFESSIONAL present a Power Point overview of anticipated construction sequencing, conditions to be expected, and
other issues that may be of concern to residents, as either addressed at the meeting, or the pre-meeting with CITY
representatives (that is to be held to review the content of the presentation with the DESIGN PROFESSIONAL prior to the
meeting).
Task 4.2 Weekly Construction Meetings:
The DESIGN PROFESSIONAL shall attend weekly construction meetings with the Contractor and applicable CITY staff
for the duration of the Project. The purpose of these meetings shall be to review the status of construction progress, shop
drawing submittals, and contract document clarifications and interpretations. These meetings shall also serve as a forum
for discussion of construction issues, potential changes I conflicts and any other applicable matters. The meetings may
include site visits to visually observe I address construction related concerns that may result from discussion during the
construction meeting. These site visits shall be separate and distinct from the "Specialty Site Visits" under Task 4.6.
The DESIGN PROFESSIONAL will prepare meeting minutes and distribute to all attendees and other appropriate parties.
Site visits and observations are not intended to be an exhaustive check or detailed inspection of the Contractor's work but
rather are to allow the DESIGN PROFESSIONAL to become generally familiar with the Work in progress and to
determine, in general, if the Work is proceeding in accordance with the Contract Documents. Based on field observations
and other construction related activities, the DESIGN PROFESSIONAL shall identify and document observations, field
conditions, Contractor performance related items, and other risks/concerns that may impact the cost and timely delivery of
the Project, and the expectations of the CITY, as well as the Contractor's plans and recovery schedule to mitigate those
risks and meet contractual obligations.
Deliverables:
1. Attend and participate in weekly construction progress meetings.
2. Prepare meeting minutes and distribute same within 48 hours of construction meeting to document
construction activities as stated above.
3. Issue non-compliance notices to the Contractor, and log into theE-Builder software program, as warranted.
4. Archive all relevant documents, transmittals and correspondence into E-Builder, as previously noted.
Schedule: Weekly throughout the Project duration.
Task 4.3 Contractor's Submittals and Shop Drawings
The DESIGN PROFESSIONAL shall review and approve or take other appropriate action on the contractor submittals,
such as shop drawings, product data, samples and other data, which the Contractor is required to submit, but only for the
limited purpose of checking for conformance with the design concept and the information shown in the Construction
Documents. This review shall not include review of the accuracy or completeness of details, such as quantities,
dimensions, fabrication processes, construction means and methods or coordination of the work with other trades, all of
which are the sole responsibility of the Contractor. Review of a specific item shall not indicate that the DESIGN
Zaha Hadid: Schedule A 6l'O
PROFESSIONAL has reviewed the entire assembly of which the item is a component. The DESIGN PROFESSIONAL
shall not be responsible for any deviations from the Construction Documents not brought to the attention of the DESIGN
PROFESSIONAL in writing by the Contractor. The DESIGN PROFESSIONAL shall not be required to review partial
submissions or those which submissions of correlated items have not been received.
The DESIGN PROFESSIONAL will receive, log and distribute Contractor submittals and shop drawings for review. The
DESIGN PROFESSIONAL shall have ten (10) business days from the time of receipt in its office, to review and return
submittals and shop drawings to the Contractor. The CITY will hold the DESIGN PROFESSIONAL directly responsible for
any impacts resulting from untimely review of submittals.
4.3.1 The DESIGN PROFESSIONAL shall review and approve (or disapprove and require modifications to) the
Contractor's document submittal schedule.
4.3.2 The DESIGN PROFESSIONAL shall review and evaluate product data and samples, schedules, shop drawings, and
other submissions for conformance with the design requirements of the Project(s), applicable codes and ordinances,
Project Specifications and the Construction Contract Documents.
4.3.3 The DESIGN PROFESSIONAL shall conduct reviews and evaluations and respond appropriately with reasonable
promptness in order to cause no delay to the progress of the Project(s), as outlined in the Contractor's approved
document submittal schedule, but in any event, DESIGN PROFESSIONAL's action will be taken not later than ten (10)
business days from Contractor's submittal. The DESIGN PROFESSIONAL shall review and either return without
exceptions, or with noted comments, reject, or take other appropriate action upon a Contractor's submittal. The DESIGN
PROFESSIONAL's action shall be taken with such reasonable promptness so as to cause no delay to the progress of the
Project(s), as called for in the Contractor's approved document submittal schedule, while allowing sufficient time in the
DESIGN PROFESSIONAL's professional judgment to permit adequate review. If the DESIGN PROFESSIONAL rejects a
submittal, the DESIGN PROFESSIONAL shall state, in writing, the grounds for rejection.
4.3.4 If the DESIGN PROFESSIONAL is required to review a submittal more than two (2) times due to an incomplete or
incorrect submittals by the Contractor, an appropriate Change Order may be issued by the DESIGN PROFESSIONAL
deducting a sum reasonably sufficient to compensate the DESIGN PROFESSIONAL from payments due or to become
due to the Contractor as compensation for the DESIGN PROFESSIONAL's additional expenses and services made
necessary by the Contractor's submission of incomplete or incorrect submittals. The DESIGN PROFESSIONAL shall
notify the PM within three (3) business days of a second submittal rejection.
4.3.5 The DESIGN PROFESSIONAL shall prepare change order items for the City's action in a timely manner in order to
cause no delay to the progress of the Project. DESIGN PROFESSIONAL's action will be taken no later than seven (7)
business days from the CITY's request to process change order.
4.3.6 The DESIGN PROFESSIONAL shall assemble, for transmittal to the CITY, the various documents required by
contract from the Contractor including, but not limited to, shop drawings, guarantees, warranties, operation and
maintenance manuals, releases of claim and as-built documents.
Zaha Hadid: Schedule A 6i!l1
Deliverables:
1. Review and approve, require modifications, or reject, submittals and shop drawings and return them to the CITY
and/or Contractor.
2. Archive all relevant documents, transmittals and correspondence into E-Builder, as previously noted.
Schedule: Ongoing throughout Project duration.
Task 4.4 Substitutions
The DESIGN PROFESSIONAL shall review and evaluate in a timely manner, for the CITY's review and approval,
substitutions proposed by the Contractor for conformance with the Construction Documents 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 project as jointly determined by CITY and DESIGN PROFESSIONAL
in performance, quality, aesthetics and/or price.
The DESIGN PROFESSIONAL is not required to act on any request for substitution that is not submitted within forty-five
(45) business days of execution of the Construction Contract, except for good cause shown or unless requested by th~a
CITY; if so, the cost thereof, including compensation for the DESIGN PROFESSIONAL'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 4.5 Quality Control
The DESIGN PROFESSIONAL shall make a reasonable effort to evaluate materials and/or workmanship for conformance
with Construction Contract Documents, evaluate quality control testing reports, advise the Contractor and the CITY
immediately of any unacceptable materials and/or workmanship the DESIGN PROFESSIONAL may discover. The CITY
recognizes and accepts that the DESIGN PROFESSIONAL shall have no responsibility or control over the Contactor's
work nor have any responsibility for the construction means, methods, techniques, sequences or procedures selected by
the Contractor.
Task 4.6 Requests for Information I Contract Document Clarification {RFis I CDCs):
The DESIGN PROFESSIONAL will receive, log and process all RFis I CDCs. Whenever an RFI involves the
interpretation of design issues or design intent, the DESIGN PROFESSIONAL shall prepare a written response within
three (3) business days and return it to the CITY. In addition, should certain items within the contract documents require
clarification, the DESIGN PROFESSIONAL may be requested by the CITY to prepare and forward CDCs. The CITY will
hold the DESIGN PROFESSIONAL directly responsible for any impacts resulting from untimely responses. However, if
the Contractor's request for information, clarification or interpretation are, in the CITY and DESIGN PROFESSIONAL's
opinion, for information readily apparent from reasonable observation of field conditions or a review of the Construction
Documents, or are reasonably inferable therefrom, the DESIGN PROFESSIONAL shall be entitled to reasonable
compensation for Additional Services for the DESIGN PROFESSIONAL's time spent responding to such requests. The
CITY'S opinion in this matter shall be final.
Zaha Hadid: Schedule A 6!2
Deliverables:
1. Respond to those RFI's that involve design interpretations and return to CITY.
2. Issue CDC's as required. Respond I process RFPs as required.
3. Provide RFI, CDC and other construction management logs.
4. Archive all relevant documents, transmittals and correspondence into E-Builder, as previously noted.
Schedule: On-going throughout Project construction duration
Task 4.7 Requests for Changes to Construction Cost and/or Schedule:
The DESIGN PROFESSIONAL will receive, log and evaluate all requests for Project cost and/or schedule changes from
the CM and report such to the CITY at the weekly progress meetings at a minimum. The DESIGN PROFESSIONAL shall
distribute and update the Change Order log at each progress meeting. Changes may be the result of unforeseen
conditions or interferences identified by the Contractor during the routine progress of work, inadvertent omissions
(betterment) issues in the contract documents, or additional improvements requested by the CITY or DESIGN
PROFESSIONAL after approval of the GMP Amendment(s) by the CITY Commission. Regardless of the source, DESIGN
PROFESSIONAL will evaluate the merit of the claim as well as the impact of the potential change in terms of Project cost
and the schedule. DESIGN PROFESSIONAL will review claims and I or change order requests with CITY. No claims
assistance services are included under this task.
Deliverables:
1. Perform independent review of request for cost increase and/or time extension.
2. Coordinate and participate in meetings, as required, with the CITY and Contractor to resolve and/or negotiate the
equitable resolution of request. To the extent that the Change Order is not generated by an error or omission of the
DESIGN PROFESSIONAL, the DESIGN PROFESSIONAL shall be compensated for such additional work.
3. Provide written opinion and I or recommendation upon request.
4. Prepare change order documentation in AlA format with supporting documentation.
5. Archive all relevant documents, transmittals and correspondence into E-Builder, as previously noted.
Schedule: Ongoing throughout Project duration
Task 4.8 Mandatory Specialty Site Visits
The DESIGN PROFESSIONAL shall be required to perform the following mandatcYty site visits that shall occur during the
following stages of construction (as applicable to the scope of work of this Project) and shall be conducted by the
appropriate professional DESIGN PROFESSIONAL's sub-DESIGN PROFESSIONALs.
A. Site preparation/underground utilities/demolition:
1. Clearing, demolition & debris removal
2. Site utilities, excavation & installation
3. Site Drainage
B. Foundations and ground floor slab {By Special Inspector)
1. Foundation excavation
Zaha Hadid: Schedule A 6~
2. Reinforcement placement
3. Foundations-pouring
4. Ground floor slab - reinforcement
5. Underground utilities before backfilling occurs
C. Structural framework: General Observations (By Special Inspector)
1. Reinforcement concrete - reinforcement sizing & spacing before pouring,
based on approved reinforcing steel shop drawings
2. Steel -connections, welds, bolts & fireproofing
D. Exterior closure:
1. Exterior walls -attachment to foundation, expansion joints, stucco and paint (By Special Inspector)
2. Windows/glass-installation, method of attachment (By Special Inspector)
3. Doors-flashing, installation, hardware, hold
E. Roof structure and accessories:
1. Roof slab by (Special Inspector)
2. Roof insulation & flashing
3. Final roofing material & accessories
F. Interior Build-Out (rough-in):
1. Interior walls & ceilings -insulation, bracing, fire rating
2. Fixtures & equipment-backing, rough-in
3. Floors & substrate
4. Electrical system rough-in, conduit, boxes, raceways
5. HVAC system rough-in, chilled lines, ductwork, dampers, insulation
6. Plumbing system, backing, fittings, clean-outs, traps
7. Fire alarm & security system rough-in, conduit, boxes, raceways
G. Interior build-out (finish):
1. Building finishes
2. Cabinetry work & shelving
3. Floors
4. Walls
5. Ceilings
6. Accessories
7. HVAC, controls, grilles, equipment, fire dampers
8. Plumbing-fixtures, grab bars, valves & drains
9. Electrical-fixtures, outlets, switch, safety switches, fire alarm & P.A. system
10. Safety-to-Life systems
Zaha Hadid: Schedule A 6214
H. Final exterior work:
1. Paving, slope, drainage, striping & curbs
2. Landscaping -irrigation, planting material, grades
3. Stucco/paint, cracks, caulking, flashing, expansion joints
4. Walkways-drainage
I. Final punch-list/close-out:
1 . Punch-lists
2. Project close-out
3. Instruction manuals
4. Substantial Completion Form 00921 0
5. Certificate of Final Payment Form 0926
J. Warranty Phase:
1. Warranty period visit
2. Review and certify visit
K. Post-Occupancy Evaluation.
After each Site Visit, the DESIGN PROFESSIONAL, and/or the DESIGN PROFESSIONAL's sub-consultants, shall
complete and submit to the CITY, a report ("Site Visit Report") which shall, at minimum, contain the following information:
1. Site Visit report number;
2. CITY, Facility name, Project title, Project number and location;
3. Name of contractor/subcontractor;
4. Start and finish time of Site Visit and weather conditions; Project site administrator sign-in and sign-out;
5. Personnel on-site, by trade;
6. Progress/quality of work by trade;
7. Photographic record with captions (digital format); and
8. Remarks/Actions
On the basis of Site Visit observations, the DESIGN PROFESSIONAL shall inform the CITY and the Contractor within five
(5} business days, in writing, of the progress (or lack of progress) and quality of the Work and the DESIGN
PROFESSIONAL shall endeavor to guard the CITY against defects and/or deficiencies in the Work. The DESIGN
PROFESSIONAL shall have access to the Work at all times, whether it is in preparation or progress, in order to meet its
responsibilities and obligations under the agreement.
The DESIGN PROFESSIONAL shall not be responsible for any acts or omissions of the Contractor, any subcontractor,
any entity performing any portions of the Work or any agents or employees of any of them. The DESIGN
PROFESSIONAL does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's
failure to perform its Work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations.
Zaha Hadid: Schedule A 6225
Task 4.9 Certification for Payments
All payments shall be processed in accordance with the requirements of the General Conditions of the Contract
Documents and Florida's Local Government Prompt Payment Act in effect at the time the payments are being processed.
The DESIGN PROFESSIONAL shall review the Contractor's notarized requisitions for payment, the schedule of values,
as-builts, subcontractor partial releases and the Project schedule(s) as required by the General Conditions of the Contract
for Construction.
The DESIGN PROFESSIONAL shall determine the amounts, which, in the DESIGN PROFESSIONAL's opinion, should
be paid to the Contractor 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 for architectural and 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 Contract Documents, the DESIGN PROFESSIONAL shall
also represent to the CITY that, to the best of the DESIGN PROFESSIONAL's professional knowledge, information and
professional judgment, the quality of work is in general accordance with the Construction Contract Documents, unless th~
CITY has been notified to the contrary in writing.
Prior to issuing certification for payment, the DESIGN PROFESSIONAL shall review the status of Contractor's
Construction Documents, As-Builts, and Project Schedules and verify that the Construction Documents, As-Builts, and
Project Schedules are up-to-date and accurate to the extent visual observation of construction will disclose. The DESIGN
PROFESSIONAL shall also confirm that, after the first application for payment, each subsequent application shall be
accompanied by subcontractor partial lien releases fully accounting for subcontractor payments due for the previous
application.
If the Construction Documents, As-Builts, and/or Project Schedule(s) are not up-to-date and/or accurate, the DESIGN
PROFESSIONAL shall include in its certification for payment a statement that the Construction Documents, As-Builts,
and/or Project Schedule(s) are not up-to-date. In such event, the CITY may:
Reject the partial or final requisition for payment due Contractor until DESIGN PROFESSIONAL verifies that the
Construction Documents and/or Project Schedule(s) are up-to-date and accurate.
The DESIGN PROFESSIONAL's certification is a representation by DESIGN PROFESSIONAL to the CITY that all
required items noted herein are submitted and proper and serves as a recommendation for payment only.
The DESIGN PROFESSIONAL shall make every reasonable effort to process the Contractor's requisitions for payment in
accordance with the timelines established in the General Conditions of the Contract for Construction. : \
Task 4.10 Substantial Completion
The DESIGN PROFESSIONAL, upon notification by the Contractor that the Work is substantially complete and ready for
substantial completion, including, but not limited to all "Life Safety Standards", shall promptly conduct inspections to
determine the date or dates of substantial completion for the Work. If the DESIGN PROFESSIONAL determines that in
Zaha Hadid: Schedule A 6!6
the DESIGN PROFESSIONAL's opinion the Work has reached substantial completion and the Work is ready for
inspection, the DESIGN PROFESSIONAL shall provide written notice to the CITY and the Contractor. The DESIGN
PROFESSIONAL, including its engineers and DESIGN PROFESSIONALs, the CITY and the Contractor shall participate
in a walk-through to inspect the Work. At the conclusion of the Inspection, the Work will be determined as follows:
• Finally Complete: If it is determined that the Work has achieved Final Completion, final payment shall be made in
accordance with the Contract Documents.
• Substantially Complete: If it is determined that the Work has achieved Substantial Completion, this is the date for
contract purposes, that liquidated damages end and the DESIGN PROFESSIONAL will prepare a consolidated
Substantial Completion Punchlist which will incorporate all punchlists prepared by participants in the walk-through.
The Substantial Completion Punchlist will be provided to the Contractor within fifteen (15) calendar days of the
Inspection. The Contractor shall complete the Substantial Completion Punchlist within thirty (30) calendar days of
its receipt and provide written notice to the DESIGN PROFESSIONAL that the Work is ready for final inspection
and acceptance inspection and acceptance. If the Substantial Completion Punchlist is not completed and the
Project(s) accepted within thirty (30) calendar days of its receipt from the DESIGN PROFESSIONAL without
good cause shown, damages will be assessed as described in the Contract Documents and such other
consequences as allowed by contract and at law shall be employed.
• Not Substantially Complete: If the DESIGN PROFESSIONAL determines that the Work has not achieved
Substantial Completion, the DESIGN PROFESSIONAL will notify the Contractor in writing of the deficiencies within
ten (10) calendar days of the Inspection.
Task 4.11 Final Completion and Final Payment
4.11.1 Upon receipt of written notice that the Work is ready for Final Inspection and Acceptance and upon receipt of a final
Requisition for Payment or at completion of the thirty (30) day punchlist period, whichever is earliest, the DESIGN
PROFESSIONAL, its engineers and other consultants, the CITY and the Contractor shall participate in a walk-through to
inspect the Work. At the conclusion of the inspection, the Work shall be determined to be as follows:
• Finally Complete: If it is determined that the Work has achieved Final Completion, final payment shall be made in
accordance with the Contract Documents.
• Not Finally Complete: If it is determined that the Work has not achieved Final Completion, the DESIGN
PROFESSIONAL shall prepare a Final Completion Punch-list and Final Completion shall be achieved in
accordance with the Contract Documents.
If after the preparation of an initial Final Inspection Punch-list additional legitimate Punch-list items are identified, the CITY
may, at its option, address the additional Punch-list items as items under guarantee.
After all Final Inspection Punch-list items have been completed, the DESIGN PROFESSIONAL will recommend to CITY
acceptance of the Project(s) and make recommendations regarding the Contractor's final pay request. Acceptance occurs
on the date that the CITY determines the Project(s) is(are) complete, including the proper and complete submittal of all
warranties, manuals, and other closeout documents, and no work remains to be performed.
Zaha Hadid: Schedule A 6!7
Task 4.12 Record Documents
After construction is completed, the DESIGN PROFESSIONAL utilizing record data provided by the Contractor along with
the DESIGN PROFESSIONAL's own record data, shall revise and update the original construction contract documents
showing all changes made by addenda, substitutions, change orders or field instructions during construction. After the
original construction contract documents have been updated by the DESIGN PROFESSIONAL to conform to the record
data, and the CITY has reviewed and approved these record documents, the DESIGN PROFESSIONAL shall verify the
following submittal requirements and furnish to the CITY:
4.12.1 One electronic copy and four (4) sets of full size blue line drawings of the updated record drawings.
4.12.2 The Contractor's marked-up record field set of drawings and a new, final survey, if applicable, of the Project(s)
furnished to the DESIGN PROFESSIONAL by the Contractor.
4.12.3 Four (4) sets of the annotated (updated) Project Specifications indicating on all sections, the requirements of which
have been changed by addenda, by substitutions or by change orders, the addendum item, the substitution or the change
order which effected the change. Each Project Specification set shall include copies of all referenced written addenda,
substitutions, change orders or other documents that delineate the change.
4.12.4 Four (4) copies of all maintenance and operations manuals, and equipment and product warranties.
4.12.5 One (1) set of approved shop drawings.
Task 4.13 Occupancy
During the final completion process, the DESIGN PROFESSIONAL shall notify the CITY when, based upon the DESIGN
PROFESSIONAL's observation, the Project(s) is(are) sufficiently complete to allow occupancy by the CITY. Occupancy
by the CITY at any time during the correction of punch-list items shall not alter the schedule or responsibilities of the
DESIGN PROFESSIONAL regarding completion.
Task 4.14 Project Closeout
At Substantial Completion, the DESIGN PROFESSIONAL shall immediately commence closeout of the Project(s),
finalizing all aspects of the construction phase, including: obtaining from the Contractor 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 and certificate of occupancy by the CITY's Building Department, Fire, Planning, Public Works, and
any other agency that has jurisdiction over the Project including satisfactorily responding to all comments which apply to
the DESIGN PROFESSIONAL and the DESIGN PROFESSIONAL's work.; completing the processing of any remaining
contract change orders; evaluating the assessment of liquidated damages, if any, and reviewing and processing final
payment(s) to the Contractor. The DESIGN PROFESSIONAL shall certify that, to the best of the DESIGN
PROFESSIONAL's professional knowledge and belief, no asbestos-containing building material (ACBM) was specified
for, or was used in the construction of the Project.
Project closeout shall be completed within sixty (60) calendar days after acceptance of the completed Project. The
Project closeout as defined by this section, either by the completion of the duties required herein or the sixty (60) day
requirement identified herein, shall be the date of the completion of the AlE AGREEMENT for purposes of payment,
assessment of damages incurred by the CITY, determination of extended contract administration if any, or any other
Zaha Hadid: Schedule A 628
claims by the DESIGN PROFESSIONAL, insurance, and such other events or activities which require a date of contract
completion to be made effective.
Deliverables:
1. Receive Contractor Substantial Completion notification.
2. Coordinate and attend field meetings to review Substantial Completion.
3. Prepare and verify that punch lists are completed.
4. Certify Project completion to appropriate agencies.
5. Receive from Contractor original permit set, red-lined "as-built" drawings in a form acceptable to the City.
6. Prepare electronic record drawings and certify Project as complete per applicable jurisdictional requirements.
?.Submit five (5) full size copies of final as-built record drawings with applicable certifications of completion.
8.Submit final as-built record drawings electronically in CD format.
9.Submit final Project photographs I aerials. Provided these have been submitted by Contractor
DESIGN PROFESSIONAL to provide Close-Out Book with the following information:
1. Permits: Complete final permit inspection sign-offs; ensure that all permits are closed, provided that the permits
have been completed by contractor
2. Certification of Project Completion that Project was built, to the best of DESIGN PROFESSIONAL'S professional
knowledge, in accordance with plans and specifications.
3. Change orders: Provide all finalized change order information, including funding.
4. Punch list: Provide complete list, including date item closed.
5. Certificate of Substantial I Final Completion
6. Operating and Maintenance Manuals, provided these are submitted by Contractor
7. Pay applications
8. Final Waiver and Releases of Lien I Consent of Surety, provided these have been submitted by contractor
9. Material testing log, provided these have been submitted by contractor
10. Permit fees log, provided these have been submitted by contractor
11. Record drawing log, provided these have been submitted by contractor
Schedule: On-going throughout duration of Project.
Task 4.15 Warranty Administration/Post Project Services:
The DESIGN PROFESSIONAL shall assist the CITY with the coordination of requested warranty work. This assistance
shall be provided for a period of up to one (1) year following Final Completion and acceptance of the Project by the CITY,
or the issuance of the Final Payment, whichever occurs latest.
Deliverables:
1. Assist the CITY with warranty work completion.
Schedule: Up to one (1) year following Final Completion and acceptance of the Project by the CITY, or the issuance of
the Final Payment, whichever occurs latest.
Zaha Hadid: Schedule A 6!9
TASK 5 OTHER SERVICES
The following services and Designated Specialists shall be included as part of the Basic Services:
Task 5.1 Parking and Transportation Consultant
The DESIGN PROFESSIONAL shall arrange for and coordinate the efforts of a professional Parking and Transportation
Consultant to provide expertise and design input regarding the 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 Traffic Impact Study
The DESIGN PROFESSIONAL shall arrange for and coordinate the efforts of an engineer to provide a traffic impact study
within the parameters established by the City for the 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: Environmental Assessments
The DESIGN PROFESSIONAL shall arrange for and coordinate the efforts of an engineer to provide a Phase One
Environmental Site Assessment Report and/or Phase Two Environmental Site Assessment Report within the parameters
established by the City for the 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 5.4 Threshold Inspection and Special Inspection Services
The DESIGN PROFESSIONAL shall arrange for and coordinate the efforts of a licensed threshold inspection and special
inspection services professional, as required by the Florida Building Code and/or the City of Miami Beach Building
Department for the 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 5.5 Surveying: The DESIGN PROFESSIONAL shall arrange for and coordinate the efforts of a licensed surveyor(s)
to prepare a topographical survey 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.
Task 5.6 Underground Utility Verification: The DESIGN PROFESSIONAL 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
DESIGN PROFESSIONAL, subject to CITY review and acceptance. Proposals for these services shall be submitted to
the CITY for review and approval.
Task 5.7 Geotechnical
The DESIGN PROFESSIONAL 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.
Zaha Hadid: Schedule A 63{)
Task 5.8 Asbestos Survey
The DESIGN PROFESSIONAL shall arrange for and coordinate the efforts of a geotechnical firm to perform a demolition
asbestos containing materials and HAZMAT survey for the existing facilities at the Project site. Proposals for these
services shall be submitted to the CITY for review and approval.
The DESIGN PROFESSIONAL shall negotiate a fair and equitable agreement with each of the Designated Specialists
based on the terms and conditions of this AGREEMENT. The DESIGN PROFESSIONAL may choose additional
specialists, for which prior written notice to the CITY shall be given, but shall not terminate or replace those originally
designated without the prior written approval of the CITY and without a signed and sealed or notarized release from the
Designated Specialist being replaced or justification acceptable to the CITY that such a release is not obtainable.
The DESIGN PROFESSIONAL's agreement(s) with its Designated Specialists shall specifically require the Designated
Specialists to visit the Project(s) during construction, as part of their comprehensive services, in order to guard the
CITY against deviations by the Contractor from requirements of the Contract Documents.
The DESIGN PROFESSIONAL shall be responsible for all the work of the DESIGN PROFESSIONAL's organization and_
that of the DESIGN PROFESSIONAL's Designated Specialists. In the required effort to avoid errors and omissions in the
Construction Documents, special attention shall be given by Designated Specialists to the coordination of their work with
that of others. However, the final responsibility for such coordination rests with the DESIGN PROFESSIONAL. Nothing
contained in the AGREEMENT shall create any contractual relationship between the CITY and any of the Designated
Specialists working for the DESIGN PROFESSIONAL. It shall be understood that the DESIGN PROFESSIONAL is in no
way relieved of any responsibility under the terms of this AGREEMENT by virtue of the performance or non-performance
of required services by any Designated Specialist who may associate with the DESIGN PROFESSIONAL in performing
the work.
ADDITIONAL SERVICES
No Additional Services are envisioned at this time. However, if such services are required, they shall be requested by
CITY and negotiated in accordance with Agreement 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 or services not expressly required by
this Scope of Services. If DESIGN PROFESSIONAL proceeds with "out of scope" work or services, without proper
authorization, it does so at its own risk.
REIMBURSABLE EXPENSES
Reproduction Services: The DESIGN PROFESSIONAL shall be reimbursed at the usual and customary rate for
reproduction of reports, contract documents, renderings, models 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.
Travel and Subsistence:
Travel and Subsistence is included as part of the Compensation under the AGREEMENT/ or Basic Services.
Zaha Hadid: Schedule A 6~
RECORDS RETENTION
The DESIGN PROFESSIONAL shall retain all financial and design documentation related to the Project for a minimum of
four (4) years after completion of the AGREEMENT, or for such longer period as may be required by law.
Minimum Drawing Requirements
The composite set of drawings to be produced shall contain sufficient information and detail to clearly define all proposed
improvements in terms of quantity, quality and location. The DESIGN PROFESSIONAL shall propose a drawing list to be
reviewed and approved by the CITY.
Site Plans
• Existing Conditions -Site Survey -to include property lines, existing grade I topography, sidewalks, pavement
areas, landscaping, site improvements, buildings, dimensions of buildings, fencing, lighting, overhead and
underground utilities, etc.
• Demolition -Clearly depict existing conditions to be demolished or modified.
• Proposed improvements -Clearly depict all new design elements including sidewalks, pavement areas,
landscaping, buildings, fencing, lighting, utility modifications, replacements, and additions, etc.
• Enlarged site plans -Where necessary to clearly define Project requirements, provide enlarged site plans for
specific areas of improvement.
Building Drawings
All buildings to be demolished, renovated or constructed shall be detailed in the Project drawings in sufficient detail to
clearly and thoroughly depict the intended improvements or modifications and shall at a minimum include drawings for all
involved disciplines: Architectural, Civil, Structural, Mechanical, Electrical, Plumbing, and Landscape Architecture.
Drawings shall be organized by building and by discipline.
THIS IS A LUMP SUM CONTRACT.
Zaha Hadid: Schedule A
SCHEDULE A-1
OUTLINE OF DELIVERABLE$
(See attached)
682
Collins Park Garage Schedule A-1: Outline of Deliverables 14-Mar-12 0) w w Task SCHEDULE A-1 "Outline of Deliverables" General Notes: 1. P = Primary Responsibility for the Task S = Secondary Responsibility for the Task 2. Zaha Hadid Architects = Prime Architect Berenblum Busch Architecture= Executive Architect 3. Refer to Schedule A-1 Deliverables I Actions interviews and any other special area visits. rtment Community Design workshops. Discuss proposed alternatives, budget, and schedule <( VI u w ..... z I Q) -VI Q) VI~ <( 1j c: Q) Q) "il.o ..... 0.. ..... c: co I :E w ·o VI u llO 0 1j ... VI <( c: VI Q) :;:; <( 1:2 ..c: :; u u VI VI ..... ::I c: <( co 0 u S I P P I S s I s I s I s s s Sl P SIP s I s I s I s PI S s I s I S I s
Task b. Development of Design Concepts I SCHEDULE A-1 "Outline of Deliverables" <( w I II) <( tl Q) a. ..... I ::c tl u .... <( Q) Deliverables I Actions 1:2 .c: u u II) .... :::1 <( co Attend review session with representatives from the CITY Project goals to the user group(s) so that conceptual alternatives can be explored. I P I S Review background information, program and site options in preparation for an open "brain-storming" discussion regarding the benefits and disadvantages of each. I P I S I graphically representaive of Phase One 30% Schematic Design I p s p s p Develop "budget" ROM (rough order of magnitude) cost estimates for each alternative I s I s I Page 2 of 17 II) u .... z Q) Q) .,; c: Q) "60 ..... c: ttl w "iJ tlO 0 c: II) II) E <( ..... c: :::1 "2 "0 ttl II) c: ..... c: ·;;; II) ttl :; 0 N u :::1 9-~ F II) c: 0 u 1+1+1 H Is I s I s I P I s I I s I IS
Task SCHEDULE A-1 "Outline of Deliverables" Deliverables I Actions <( a.. I Ill tJ Q) 1:2 u .... <( <( w I Ill ..... u Q) ..... :c u .... <( ..r::. u Ill ::J lXI Ill .... Q) Q) s::: 'So s::: w b.O s::: E ::J '2 Ill s::: 'j.;j Ill 0 N 9-e: u ::J P I s I I s I S I s I s Workshop No. 2 (intended to be presented at a Historic Preservation meeting Board (HPB) with the selected design concept, budget and schedule after consideration of the input received during Workshop No. 1) I P I S Prepare full size presentation graphics PI S Page 3 of 17 s I s I s I S s u z -vi' Q) ..... ctl ·o 0 Ill Ill b.O <( ..... s::: s::: 'i:: "C ctl Q) s::: .:!: Q) ctl ::J s::: != Ill ·o:o s::: gg 0 s::: u ~ w ~ s::: ctl .... b.O ..!!:! s::: ~ ctl ...J s s
SCHEDULE A-1 "Outline of Deliverables" < VI u w ..... z I Q) -VI Q) VI' < t:$ r:: Q) Q) "60 .... 0.. .... r:: rtl I :2 w ·o VI u tl.O 0 t:$ ..... VI < r:: VI tl.O Q) ·.;::; < .... r:: Task I Deliverables I Actions I:E ..r:: :; "'C r:: ·;:: u VI "2 r:: rtl Q) u VI :!: ..... ::J r:: ... VI rtl ::J Q) < III 0 N 9-!; F VI r:: u ::J ,... "60 r:: w Prepare Basis of Design Report (5) Copies to include: Executive Summary p s Purpose and Scope p s Existing conditions report(s) s s I I IP Phase 1, Schematic Design Drawings p s s Permitting and Implementations s Executive Summary summarizing the contents of the BODR p s A section reviewing the existing conditions to be improved p s A section reviewing the planning and programming process and development of the final recommended phased improvement plan. This section shall include details (representative of Phase 1, 30% Schematic Design level of detail in the drawings) presentations of all proposed Project improvements. I s I P Project Implementation Plan, inclusive of demolition of existing structures, utilities, buildings, landscaping, lighting, vehicular access I parking, ingress and egress to the site I buildings, construction and general site improvements I PI s I I s I s I s I s I I s I IS improvements with a description Project elements inclusive of a Phase 1, Schematic Design concept plan and design alternatives, if app'licable. I PI s I I s I s I I S I Is I IS Page4 of 17
Task SCHEDULE A-1 "Outline of Deliverables" Deliverables I Actions A schedule for implementing the Project by phases (i.e. design, bid/award, construction, as applicable) itemized phase by phase, including critical issues and the time period allowed for resolving each issue. The schedule shall be prepared in the latest version of Primavera Project Planner and provided to the CITY in hard copy as well as electronically. Discussion regarding permitting authorities having jurisdiction over Project and provide a list of permits typically retained by the City and I or Contractor. Unique and I or special permitting requirements shall be identified as well as permitting fees. Prepare materials and conduct workshop Prepare and distribute preliminary LEED Checklists indicating prioritized points and likelihood of attainment. Prepare and distribute meeting minutes Register project with US Green Building Council Page 5 of 17 <( w I ., <( t3 0.. CIJ I .. ~ ., .s::. t) ~ ~ <( .s::. ~ <( I s I s I I s I PI s I s s ~ CIJ CIJ c "Gil c w llO c :p :; ., c 0 u I s I s I p I s I I s I s I s I s I p s u z .,, CIJ ...... co ·o 0 ., ~11:: I s I I s I co .:!: ::J ., c 0 u Is IS llO c ·;:: CIJ CIJ c: .Gil Ill() c llO w CIJ ....1 .... ..!!! ~
u co 1-tlO s::: ::I "C OJ ..s::: u V') Task I SCHEDULE A-1 "Outline of Deliverables" <( w I "' <( ..... u OJ a. ..... I :E "' u ..... .... u <( OJ Deliverables I Actions I:E ..s:: u u "' .... ::l <( Cl PI s PIs PI s preparation of an Addendum, in the CITY provided format, for distribution to all final BOOR stakeholders. I P I S Prepare 25 copies of a final BOOR and Addendum, as necessary. I S I P Present the final BOOR to the CITY Commission for approval s I s be obtained from available records. s I s Page 6 of 17 "' u .... z OJ OJ .n s:: OJ '60 ..... s:: Ill w ·o tlO 0 "' s:: "' tlO :;::; <( ..... s:: :; '0 s:: ·;:: ·c: Ill OJ "' s:: .:!: s:: ·;::; "' Ill ::l OJ 0 N e. ~ F "' s:: u ::l s:: '60 0 s:: u "' w S I s I s I s s s s I s I s I s s s s I s I s I s I I s s I s I s I s s s s I s I S I s s s s I s I s I s s s p p
Task 1----· SCHEDULE A-1 "Outline of Deliverables" Deliverables I Actions Set benchmarks at convenient locations along the site to be used during both the design and construction phases of the Project. locate and identify existing surface improvements I topographic features that are visible within the Project site, including but not limited to, the following: 1 Marktng ot all pro perry corners, 1ocat1on ana aetalls ot 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. P"'\IJVV<061 VUIIU 01 ·~ -•~-1 61 VUIIU -'"' .,-~ ·-·· -· HIVII;) V 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 ~nd 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 Design Professional shall submit 3 copies of a preliminary Draft Survey for CITY review and comment. __ ....:....__ ··-------------··-··-------Page 7 of17 <t w I VI <t t::l 0.. Q) ..... I :E tl u < Q) ;!:::: ..c ..c u u VI .... ::l <t co -c E :0 ::l co ::0 ::c c co Q) ..c .... co Q) N co s s s s s s s s s s s s VI u .... z Q) -Q) VI' c Q) 'biJ ..... co c w ·o bO 0 VI c VI bO E <t ..... c ::l -c c ·;::: ·c: co VI c ..... Q) c ';::j VI co :; Q) 8 N c. E c VI c ::l 'bb .... ::l Q) .... c bO Q) co 0 ..... 0 0 c bO c co .... > ::c u VI w Q) 0 l!l Vl I VI c .....1 IX! iti Q) co E 8 ':i -c ::c co .... Vi ~ E co bO J!:! tT u. E c Q) 0 <t Q) S2 co i= co ~ 0 0:: 0.. Vl u. .....1 p p p p p p
Task SCHEDULE A-1 "Outline of Deliverables" Deliverables I Actions !d BOOR: All proposed improvements identified in the approved BOOR, illustrated in plan and elevation views, and applicable sections and details. Site Plan: A site plan showing acreage; points of the compass; contours and general topographical conditions; floodplain elevation and velocity zone; a key map shall which illustrates e relationship between the drawings and its respective location within the neighborhood; overall dimensions; adjacent 1ds, emergency access; fire hydrants; power ission 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 additions; community use buildings; phased construction; and preliminary soil borings. Floodplain: A statement should be included on the site plan identifying the FEMA flood zone and floodplain elevation in ich the project is located. The statement shall be signed, sealed and dated by the A/E of record (Berenblum Busch). Page 8 of 17 <( .1!1 '7 .~ VI .J::. .... u lrl < .'!: .r:. u < p-r-j I PI s I I PI s I I I I I ~ Q) Q) c: "So c: w bO c: E I I I s I s I I s I s I I I I I I s I I s I I u z VI' Q) .... Ill ·o ~~-c I I Is I I s I I I Ill .:!: ::s VI c: 8 I I I IS IS I I I bO c: ·;:: Q) Q) c: "So c: w lp I P
SCHEDULE A-1 "Outline of Deliverables" <( VI u w .... z I Q) VI Q) VI~ <( tJ c: Q) Q) .So +-' a.. +-' c: CQ I :2 w ·o VI u bO 0 tJ .... VI <( c: VI bO Q) :;::; <( +-' c: Task I Deliverables I Actions I:E ..c: :; -c c: ·;:: u ·c: CQ Q) u VI VI c: .:!:: .... :::1 c: .N VI CQ :::1 Q) <( co 0 N !:!-E F VI c: u :::1 c: .So 8 c: VI w p .sbestos Survey and Material Testing Report Floor Plans: Floor plans showing points of the compass, overall dimensions, identity of each space, proposed door locations, accessibility for the disabled, occupant load of each space, proposed passive design and low energy usage features, possible community service areas any existing buildings and use, future additions, and phased construction. I PI s I I s I s I I s I I s I s I s Emergency Generator Location: Indicate location of emergency generator, fire pump room, electrical vault, mechanical rooms, elevator equipment and machine rooms, IT Closet, as and other Life Safety design features, if applicable. I s I s I I IP Life Safety Plan: A life-safety plan showing exits, accessibility for the disabled, fire walls, fire resistance rated walls, protected corridors, smoke barriers, fire alarm systems, room names and numbers, or any other life-safety features relevant to the facility. The life-safety plan shall also show if a fire sprinkler l~si__L IP technical specifications in outline form, to be incorporated into the project. Is I P 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. I s I s I I S I s I P Page 9 of 17
Task I SCHEDULE A-1 "Outline of Deliverables" Deliverables I Actions include the Design Professional'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. Geotechnical Evaluation Drainage Calculations Traffic Impact Study Details, Interior Elevations, Enlarged Plans of Special areas with furnishings and equipment layouts (such as Building Lobby, Bathrooms, Offices, Stairways, Elevator etc), Reflected Ceiling Plans, Vertical Circulation Drawings and Details, Schedules and General Notes, ral Plans Mechanical Plans Fire Protection Systems Electrical Plans Fire Alarm Photometric Plans Plumbing Plans Site Signage Plans Page 10 of 17 <( w I VI <( .... u Qj a. .... I :E VI u .... ... u <( Qj 1:2 ..c: u u VI ... ::I <( co Sl S s I P VI u ... z Qj Qj vi' c: Qj '6D .... c: ttl w ·o 0.0 0 VI c: VI ~ <( :; "C '2 VI c: c: ·;::; VI ttl 0 N 0. E: c: u ::I -I .---I ' m" 0,0 0.0 Qj -' s I s I P p p Sl S s p p p p p
Task I SCHEDULE A-1 "Outline of Deliverables" Deliverables I Actions Garage Signage including Pedestrian and Traffic Signage Plans Specialized Reports and Testing: The results of all the reports and tests including but not limited to geotechnical reports, structural calculations, drainage reports, material testing, environmental reports and testing shall be incorporated into the design documents and they shall identify proposed foundation design, structural shell design, roof and deck design and treatment, drainage, and if applicable method for removal <( w I "' <( '13 Q) a.. ..... I :c "' u '13 .... <( Q) 1:2 .$;. u u "' .... ::s <( r::o of contaminated materials and/or soils. I S I S description of finishes, materials, and systems, as required, to supplement and support the intent, quality and performance of design documents. I S I P Schedule of Unit Prices: Updated 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. include the Design Professional's updated 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. The Design Professional shall submit the 60% design to the CITY distribution to City Departments and Regulatory Agencies for review and comments. Said comments from the CITY shall be incorporated into the 90% design submittal. Page 11 of 17 s I S s I s "' u .... z Q) Q) "'' c:: Q) "ii'o ..... c:: Ill w ·o Ill) 0 "' c:: "' Ill) ':;::; <( ..... c:: :; "0 c:: ·;:: ·c: Ill "' c:: .:!: Q) c:: "t:i "' Ill ::s Q) 0 N E c:: u ::s Q.. F "' "ii'o c:: 0 c:: u "' w P I P I P I P p p p
Task I SCHEDULE A-1 "Outline of Deliverables" Deliverables I Actions The 90% design completion stage milestone shall consist of a near final construction document set including the front-end documents (general and supplemental conditions), technical <( c.. I "' t) CJ) I~ u .... <( <( w I Ill .... u CJ) +-' :c u .... <( .c u Ill ::s co specifications, and construction drawings for all Work. I S 1 p aetauea construction sequencing restrictions for the CITY's review with this submittal. I S I P Ill .... CJ) CJ) c "So c w tl.O c +=' :; ·c: Ill c ";:::j Ill 8 N E ::s Q.. s I P I I S I s euon ~~ rnuestone snau ronSist 01 me I : I ~ I 1r1PIS 90% documents updated to include all constructability and design review comments, and regulatory agency comments. Provide its "Definitive" Statement of Probable Construction Cost, and unit price bid form, modified as needed, to reflect final permit and regulatory agency comments and s I s urms s1x se s eac o e , an percen design completion stage documents and Statements of Probable Construction Cost to CITY, as applicable {three full size and three half size for each submittal). I S I P design progress meetings with as scheduled by the CITY. u z vi' CJ) .... rtl ·o 0 Ill Ill tl.O <( .... c -c c ·;:: rtl c .::: CJ) rtl ::s CJ) c != Ill "So c 0 c u "' w
Task I Design Review Constructability and Value Engineering SCHEDULE A-1 "Outline of Deliverables" Deliverables I Actions constructability and value comments. Prepare written responses to comments made during reviews within 10 business working days after the review session The purpose of these reviews shall be to verify that the documents are consistent with the design intent as set forth in the approved Project Basis of Design Report (BODR). on these documents and provide written comments (in "Excel" spreadsheet format). Following receipt of comments, a meeting may be scheduled to discuss the intent and review of the comments. Subsequently, address how each comment was resolved, within 10 working days after the review session and/or receipt of the comments. responses shall be in the spreadsheet format provided by City. Revise documents to address all review comments. CITY will perform constructability reviews of the design documents relative to value, construction sequencing, and bid format. These reviews shall be based upon 30, 60, 90 and 100 percent design submittals and shall be conducted concurrently but separately from the 30, 60, 90 and 100 percent design reviews noted above. These constructability review meetings shall be held to discuss the proposed construction sequencing restrictions and bid formats. Page 13 of 17 <( w I <n <( ...... u OJ c.. ...... I :2 <n u ti ... <( OJ I~ ~ u u <n ... :::J <( r::c E <n u ... z OJ OJ vi c OJ .bo ...... c Ill w ·a l:lll 0 <n c <n l:lll :;::; <( ...... c :; "0 c ·;:: ·c: Ill <n c ~ OJ c .N <n Ill :::J OJ 0 N c u :::J c. E c <n .bo ... :::J ~ ... c OJ ~ ,... 0 0 c u II) w
Task I SCHEDULE A-1 "Outline of Deliverables" Deliverables I Actions e meeting to address concerns by residents at two (2) plan stations. Prepare draft meeting minutes and forward them to the CITY, who shall review, provide comments and distribute accordingly. one Pre-CDRM meeting with CITY staff to review the Page 14 of17 <( c.. I VI t) Q) I:E u .._ <( <( VI w .._ I Q) VI Q) t) c: Q) ·c.o ..... c: :E w u bO .._ <( c: E .s:::; u ::I VI VI ::I c: 8 co Q) c: u z v) Q) ..... Ill ·o 0 VI VI <( ..... c: '2 "0 Ill c: ..... 'j;j VI Ill "5 N ::I c. E c: VI .._ ::I Q) .._ 81 ~I 1~18,8 Ill 0 ..... 0 N"l .._ > :r:: _.
Task I SCHEDUlE A-1 "Outline of Deliverables" Deliverables I Actions permitting requirements. Revise documents and respond to permitting inquiries as required. Attend meetings with the CITY, and/or permitting agency staff as required to review, discuss and finalize permit procurement. repare appncat1ons ana sucn aocuments ana aes1gn aata as may be required to procure approvals from all such governmental authorities that have jurisdiction over the Project. Participate negotiations with such authorities. permits to and from the respective jurisdictional authorities. However, since the CITY is to track and monitor progress on the preparation and review of permits and subsequent requests for information, copy the CITY on all permit related correspondence, including minutes from meetings held with The CITY, at its discretion, may require attendance at public meetings or meetings with CITY Staff to review the status and present results of its QA/QC efforts. Page 15 of17 <( w I VI <( ti Q) a.. ...... I ::2 VI ~ ti <( Q) I~ .r= u u VI ..... ::s <( co VI u ..... z Q) Q) v) c Q) "60 ...... c ctJ w ·o 0.0 0 VI c VI 0.0 B <( ...... c ::s "0 c ·;:: ·c: ctJ Q) VI c ...... c ·;;:; VI ctJ :; Q) 0 N 9-l;: F VI c u ::s .... "60 c w
Task I SCHEDULE A-1 "Outline of Deliverables" Deliverables I Actions 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. prepare addenda for distribution by others on a same day basis and no later than 24 hours Prepare recommendation of award letter Provide sets of contract documents for contract execution Page 16 of 17 <( w I VI <( ti QJ c.. +-' I :E VI u ti ..... <( QJ I:E .s::. u u VI ..... ::s <( Ill VI u ..... z QJ QJ vi' c: QJ '60 +-' c: rtl w ·o OJ) 0 c: VI VI E <( +-' c: ::s ·c: "C rtl VI c: +-' c: ·;:::; VI rtl '3 0 N a. !: F VI u ::s -81 ~I I ~I &8 --'
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Vl -:;:::;
~
0
Planning Services*
Design Services*
Bidding and Award Services
Construction Administration Services**
Other Services
Reimbursable Allowance***
SCHEDULE B
CONSULTANT COMPENSATION
Schedule of Payments
Note*: These services shall be paid based on percentage complete of each phase as identified in the individual tasks and
attached Schedule B, prepared by the CONSULTANT.
Note**: Construction Administration will be paid based on a monthly basis upon commencement of construction and for a
project duration of eighteen (18) months. The CONSULTANT's monthly fee during the construction phase will be $31,972.
In the event that, through no fault of the CONSULTANT, Construction Administration services are required to be
extended, which extension shall be subject to prior CITY approval, at its sole discretion, the CONSULTANT agrees to
extend said services for $31,972 per month for the duration required to complete the project.
Note***:
The Reimbursable Expenses allowance belongs to the CITY and must be approved in advance, by the Project
Coordinator. Unused portions will not be paid to the CONSULT ANT.
Zaha Hadid: Schedule B
03/14/2012 3:38PM 650
SCHEDULE C
HOURLY BILLING RATES
Project Principal $ 150.00 Traffic Engineers $ 101.00
Project Manager $ 120.00 Cost Estimator $ 65.00
Senior Civil Engineer $ 115.00 Specifications Writer $ 55.00
Civil Engineer $ 101.00 Constr. Administrator/Manager $ 82.00
Senior Electrical Engineer $ 115.00 Senior Project Manager $ 120.00
Electrical Engineer $ 101.00 MEP Project Engineer $ 120.00
Senior Mechanical Engineer $ 115.00 Horticultural/Maintenance/Consultant $ 75.00
Mechanical Engineer $ 101.00 Irrigation Engineer $ 82.00
Senior Structural Engineer $ 115.00 Job Captain $ 80.00
Structural Engineer $ 101.00 Interior Designer $ 83.00
Senior Environmental Engineer $ 115.00 Principal/Director of Design $ 120.00
Environmental Engineer $ 101.00
Environmental Technician $ 65.00
Environmental Specialist $ 55.00
Environmental Permit Specialist $ 55.00
Project Scientist $ 105.00
Senior Surveyor $ 120.00
Surveyor $ 101.00
Surveyor Support Staff $ 60.00
Senior Architect $ 115.00
Architect $ 101.00
Senior Designer $ 115.00
Designer $ 83.00
Senior Urban Planner $ 115.00
Senior CAD Technician $ 60.00
CAD Technician $ 55.00
Senior Landscape Architect $ 115.00
Landscape Architect $ 101.00
Clerical $ 35.00
Administrative Assistant $ 35.00
Survey Crew Party of 2 $ 122.33
Survey Crew Party of 2 w/GPS $ 146.53
Survey Crew Party of 3 $ 148.21
Survey Crew Party of 3 w/ GPS $ 171.31
Survey Crew Party of 4 $ 183.75
Survey Crew Party of 4 w/GPS $ 217.50
Sr. Inspector (CEI) $ 90.00
Inspector (CEI, Field or Construction) $ 82.50
Project Engineer (Coastal or Other) $ 101.00
Sr. Field Services Professional $ 101.00
Field Services Professional $ 70.00
Threshold Inspector $ 120.00
Structural Special Inspector $ 95.00
Technical Editor $ 65.00
Senior GIS Specialist $ 101.00
GIS Specialist $ 75.00
Staff Engineer/Geologist/Scientist $ 82.00
Landscape Designer $ 83.00
Planner $ 101.00
Project Principal (Structural Engineer) $ 150.00
ZahaHadid:
03/14/2012 3:38PM 651
ZahaHadid:
03/14/2012 3:38PM
SCHEDULED
CONSTRUCTION COST BUDGET
$18,500,000
652
ZahaHadid:
03/14/2012 3:38PM
SCHEDULE E
PROJECT SCHEDULE
(TBA)
653
ZahaHadid:
03/14/2012 3:55PM
SCHEDULE F
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
(TBA)
654
ZahaHadid:
03/14/2012 3:55PM
SCHEDULEG
INSURANCE REQUIREMENTS AND SWORN AFFIDAVITS
(TBA}
655
THIS PAGE INTENTIONALLY LEFT BLANK
656
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving and Authorizing The
Appropriation of Advance Funds In The Amounts Of $1,103,450, From Fund 307 -NB Quality Of Life Resort Tax Fund, and
$700,000 From Fund 305 -SB Quality Of Life Resort Tax Fund, For The Band Shell Park Master Plan Improvements And
Flamingo Park Projects, Respectively; With Such Funds To Be Repaid From Miami-Dade County General Obligation Bonds To
Finance The Building Better Communities Program.
Key Intended Outcome Supported:
Ensure Value and Timely Delivery of Quality Capital Projects
Supporting Data (Surveys, Environmental Scan, etc.):
37.3% of the residential respondents to the 2009 Community Satisfaction Survey, when thinking about recreation
programs in the City of Miami Beach, felt that the "18 year of age and under" demographic should benefit most from
imited resources during tough economic times.
Issue: I Shall the Mayor and City Commission approve the Resolution?
Item Summary/Recommendation:
The Band Shell Park and Flamingo Park projects were included under the voter approved Miami-Dade County Building
Better Communities program to be funded by General Obligation Bonds {GOB) with funding allocations of $1,500,000 and
$3,099,000, respectively. Although the initial year of funding for the two projects was listed as 2005 by the County, the City
has still not received executed agreements for these projects. Construction on the northeast quadrant of the Band Shell
Park is expected to commence in March, 2012, while construction work in Flamingo Park is anticipated to commence in
April, 2012. For these reasons, the City cannot delay the Band Shell Park and Flamingo Park projects any longer;
especially, as the County's GOB funding is only one component of a larger funding package. As such, the City
Administration will need to appropriate advance Quality of Life {QOL)funds for these two remaining projects, with the intent
that these advance funds will be reimbursed by County GOB funds after the two agreements are executed. The Miami-
Dade County budget, approved in September, 2011, included the Band Shell Park and Flamingo Park projects for Fiscal
Year 2011/12 funding; however, a moratorium was placed on the execution of agreements pending a County Commission
workshop to review project funding priorities. Please refer to the attached copy of a letter dated March 5, 2012 from Miami-
Dade County Mayor Gimenez to Mayor Matti Herrera Bower, noting that the Board of County Commissioners will be
discussing funding priority of the Building Better Communities GOB projects at their March 6, 2012 Board meeting. At the
March 6, 2012 Board meeting, the Miami-Dade County Mayor and County Commission unanimously approved a motion to
move forward all pending FY 2011/12 projects including Band Shell Park and Flamingo Park. However, the City is still
pending receipt of the agreement from Miami-Dade County. It is important to note that there is an 18-month window for
reimbursement {as dictated by the IRS Reimbursement Rules relating to expenditure eligibility for GOB projects). This
could potentially mean that once the advanced funding is spent, if agreements for these projects are not executed in a
timely manner, the City may not be eligible for reimbursement. The proposed advance funding of $1,103,450, from Fund
307-NB QOL Resort Tax Fund will allow for the construction completion of the Band Shell Park MasterPlan Improvements
project. The proposed advance funding of $700,000, from Fund 305-SB QOL Resort Tax Fund, will supplement existing
funding in the Flam in go Park project to allow for the construction advancement of several components of the project. As of
October 1, 2011, QOL funds were available in the amounts of $2.0 million in NB-QOL Fund 307 and $1.6M in SB-QOL.
Fund 305. The appropriation of $1,103,450 in advance Fund 307 funds for the Band Shell Park project, and $0.7M in
advance Fund 305 funds for the Flamingo Park project, would reduce the amounts available for appropriation through the
capital budget process to the following amounts: North Beach QOL: $896,550; and South Beach QOL: $900,000.
Construction on the northeast quadrant of the Band Shell Park is expected to commence in March, 2012, with the balance
of the work at the park expected to enter into construction in Nov./Dec. 2012, with expected completion by June, 2013.
Construction work at FlaminQo Park is anticipated to commence in April, 2012.
Advisory Board Recommendation:
I I'
Financial Information·
Source of Funds: Amount
OBPIA~ $1,103,450
$700,000
Total $1,803,450
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Fernando Vazquez, Ext. 6399
MIAMI BEACH
Account
Fund 307-NB Quality of Life Fund
Fund 305-SB Quality of Life Fund
657
AGENDA ITEM_.._..__........,._____
DATE-~....::...:.......~<-.::
lD 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: March 21, 2012
SUBJECT: A RESOLUTION OF THE MAY R CITY COMMISSION OF'THE
CITY OF MIAMI BEACH, FLORID , APPROVING AND AUTHORIZING
THE APPROPRIATION OF ADVANCE FUNDS IN THE AMOUNTS OF
$1,103,450 FROM FUND 307-NB QUALITY OF LIFE RESORT TAX
FUND, AND $700,000 FROM FUND 305 -SB QUALITY OF LIFE
RESORT TAX FUND, FOR THE BAND SHELL PARK MASTER PLAN
IMPROVEMENTS AND THE FLAMINGO PARK PROJECTS,
RESPECTIVELY; WITH SUCH FUNDS TO BE REPAID FROM MIAMI-
DADE COUNTY GENERAL OBLIGATION BONDS TO FINANCE THE
BUILDING BETTER COMMUNITIES PROGRAM.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
The Band Shell Park and Flamingo Park projects were included under the voter approved
Miami-Dade County Building Better Communities program to be funded by General Obligation
Bonds (GOB) with funding allocations of $1,500,000 and $3,099,000, respectively. Although the
initial year of funding for the two projects was listed as 2005 by the County, the funding
schedule was subsequently revised and the City has still not received executed agreements for
these projects. Construction on the northeast quadrant of the Band Shell Park is expected to
commence in March, 2012, while construction work in Flamingo Park is anticipated to also
commence in April, 2012.
For these reasons, the City cannot delay the Band Shell Park and Flamingo Park projects any
longer; especially as the County's GOB funding is only one component of a larger funding
package. As such, the City Administration will need to appropriate advance Quality of Life funds
for these two remaining projects, with the intent that these advance funds will be reimbursed by
County GOB funds after the two agreements are executed. The Miami-Dade County budget,
approved in September, 2011, included the Band Shell Park and Flamingo Park projects for
Fiscal Year 2011/12 funding; however, a moratorium was placed on the execution of
agreements pending a County Commission workshop to review project funding priorities. Please
refer to the attached copy of a letter dated March 5, 2012 (Attachment A), from Miami-Dade
County Mayor Carlos Gimenez to Mayor Matti Herrera Bower, noting that the Board of County
Commissioners would be discussing funding priority of the Building Better Communities General
Obligation Bond projects at their March 6, 2012 meeting of the Board. At the March 6, 2012
Board meeting, the Miami-Dade County Mayor and County Commission unanimously approved
658
City Commission Memorandum -Band Shell and Flamingo Parks Advance Funds
March 21, 2012
Page2of4
a motion to move forward all pending FY 2011112 projects including Band Shell Park and
Flamingo Park. However, the City is still pending receipt of the agreement from Miami-Dade
County.
It is important to note that there is an 18-month window for reimbursement (as dictated by the
IRS Reimbursement Rules relating to expenditure eligibility for GOB projects). This could
potentially mean that once the advanced funding is spent, if agreements for these projects are
not executed in a timely manner, the City may not be eligible for reimbursement.
The proposed advance funding of $1,103,450, from Fund 307 -NB Quality of Life Resort Tax
Fund will allow for the construction completion of the Band Shell Park Master Plan
Improvements project. The proposed advance funding of $700,000, from Fund 305 -SB Quality
of Life Resort Tax Fund, will supplement existing funding in the Flamingo Park project to allow
for the construction advancement of the following project components:
• Handball courts I restrooms I Parks & Recreation office
• Football field & track renovation
As of October 1, 2011, Quality of Life funds were available in the amounts of $2.0 million in NB -
QOL Fund 307 and $1.6M in SB -QOL Fund 305. The appropriation of $1,103,450 in advance
Fund 307 funds for the Band Shell Park project, and $0.7 million in advance Fund 305 funds for
the Flamingo Park project, would reduce the amounts available for appropriation through the
capital budget process to the following amounts:
• North Beach Quality of Life: $896,550
• South Beach Quality of Life: $900,000
ANALYSIS
Band Shell Park Master Plan Improvements Project
The Band Shell Park, located on Collins Avenue, between 72"d and 73rd Streets, will be
undergoing a renovation that consists of new walkways and enhanced circulation, a wider
promenade, widening of the 73rd Street sidewalk, new walkway linking the park to the North
Beach Recreation Corridor at 72"d Street, new landscaping and irrigation, new urban elements
including seating, tables, bike racks, water fountains, trash receptacles, new security lighting,
and a new marquee for the park.
UNlOAD is currently overseeing the construction and development of the North Beach
Community Center, located within the North Shore Band Shell Park property. The new two-story
building, located at 7251 Collins Avenue within Band Shell Park, will be approximately 8,000
square feet and include public restrooms as well as a public terrace.
On January 19, 2011, the Mayor and City Commission adopted Resolution No. 2011-27573
approving the execution of an Agreement between the City of Miami Beach and UNlOAD of
Miami Beach, Inc., for Project Management Services relative to the design, development and
construction of certain improvements at Band Shell Park including a terrace, tree relocation, and
utilities adjacent to the North Beach Community Center.
On February 9, 2011, the Mayor and City Commission adopted Resolution No. 2011-27591
approving the Master Plan for the North Shore Band Shell Park Project.
659
City Commission Memorandum -Band Shell and Flamingo Parks Advance Funds
March 21, 2012
Page 3 of4
On July 13, 2011, the Mayor and City Commission adopted Resolution No. 2011-27680
approving execution of Amendment No.2 to the Agreement between the City and Unidad of
Miami Beach, Inc. for design and construction of the northeast quadrant of the Band Shell Park
as per the adopted master plan.
On December 14, 2011 the Mayor and City Commission adopted Resolution No. 2011-27794
accepting the recommendation of the City Manager pursuant to Request for Qualifications
(RFQ) No. 42-10/11, for a construction manager at risk (CMR) to provide pre-construction
services and construction phase services via a Guaranteed Maximum Price (GMP) Amendment
for the Band Shell Park; and authorizing the Administration to enter into negotiations with the
top-ranked firm, D. Stephenson Construction, Inc.; ·and should the Administration not be able to
successfully negotiate an agreement with the top-ranked firm, authorizing the Administration to
negotiate with the second-ranked firm, Harbour Construction, Inc.; and should the
Administration not be able to negotiate an agreement with the second-ranked firm, authorizing
the Administration to negotiate an agreement with the third-ranked firm, KM Plaza; and further
authorizing the Mayor and City Clerk to execute an agreement for pre-construction services.
The City has negotiated a fee for pre-construction services with D. Stephenson Construction in
the amount of $14,400.
Construction on the northeast quadrant of the Band Shell Park is expected to commence in
March, 2012, with the balance of the work at the park expected to enter into construction in
November I December 2012, with expected completion by June, 2013. The proposed advance
funding of $1,103,450, from Fund 307 -NB Quality of Life Resort Tax Fund will allow for the
construction completion of the Band Shell Park Master Plan Improvements project.
Flamingo Park Master Plan Improvement Project
The scope of work included for this project was recommended in the Basis of Design Report
developed by Wolfberg Alvarez and Partners dated November 2009 for the Flamingo Master
Plan project. Some of the planning recommendations included upgrades to the lighting,
installation of artificial turf at the football field, accessibility upgrades to the existing restrooms
and stadium seating at the football & baseball field. The BOOR for the Master Plan also
recommended new amenities such as a community garden, an interactive water feature, a
teenage activity and the replacement of the tennis center.
On September 9, 2009, the Mayor and City Commission adopted Resolution No. 2009-27190
officially approving the revised Master Plan for the Flamingo Park Project.
On November 9, 2010, the Historic Preservation Board approved the Flamingo Park Master
Plan and on December 8, 2010, the Mayor and City Commission adopted Resolution No. 2009-
27586 approving a Certificate of Appropriateness for the demolition of the Robert C. Haas
Handball Court, and the demolition of the facility known as the "Friendship Corner", pursuant to
Miami Beach City Code Section 118-563.
The proposed advance funding of $700,000 from Fund 307-NB Quality of Life Resort Tax Fund
will allow for the construction completion of the scope of work for the Flamingo Park Master Plan
Improvements project. The following describes the scope of work and highlights the milestones
for commencement and completion of construction for each pull-out project:
Handball Court Project
The handball court project includes the renovation of the existing indoor courts, 8 new exterior
handball courts, new restroom and office building. It also includes the demolition of existing
Haas Handball Court Building and demolition of the facility known as the "Friendship Corner".
660
City Commission Memorandum -Band Shell and Flamingo Parks Advance Funds
March 21, 2012
Page 4 of4
Construction on the Handball Court project scope of work is expected to commence in
September, 2012, with expected completion by February, 2013.
Football Field/Track Renovations Project
Improvements under this pull-out project include the renovation of the existing concession area,
press box and bathrooms including installation of ADA ramps and accessible seating for ADA
compliance at the stadium bleachers. In addition, the improvements to the football field will
include the installation of artificial turf with associated drainage, a new running track and
upgrades to the existing lighting.
Construction on the Football Field/Track Renovations project scope of work is expected to
commence in April, 2012, with expected completion by September, 2012.
Parkwide Improvements
This project includes improvements to the baseball stadium, gateway structure and restroom
building. It also includes the interactive water feature, community garden and upgrades to the
pedestrian mall promenade, signage, landscaping, irrigation and lighting throughout the park.
The renovation of the historic Lodge and restoration of the area currently being used by
Property Management facility will be included in the design.
Commencement of design on the parkwide improvements scope of work is anticipated to
commence in June, 2012 and construction is expected to commence in June, 2013 with
expected completion by June, 2014.
CONCLUSION
The Administration recommends that the City Commission adopt a Resolution approving and
authorizing the appropriation of advance funds in the amounts of $1,103,450 from Fund 307 -
NB Quality of Life Resort Tax Fund and $700,000 from Fund 305-SB Quality of Life Resort
Tax Fund, for the Band Shell Park Master Plan Improvements and Flamingo Park projects,
respectively; with such funds to be repaid from Miami-Dade County General Obligation funds to
finance the Building Better Communities Program.
Attachment A.: March 5, 2012 Letter from Mayor Gimenez to Mayor Bower
JMG/DB;:('
T:\AGENDA\2012\3-21-12\Band Shell & Flamingo Parks MEMO 2012-03-21.docx
661
RESOLUTION NO. ____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
APPROPRIATION OF ADVANCE FUNDS IN THE AMOUNTS OF $1,103,450
FROM FUND 307-NB QUALITY OF LIFE RESORT TAX FUND, AND $700,000
FROM FUND 305 • SB QUALITY OF LIFE RESORT TAX FUND, FOR THE
BAND SHELL PARK MASTER PLAN IMPROVEMENTS AND THE FLAMINGO
PARK PROJECTS, RESPECTIVELY; WITH SUCH FUNDS TO BE REPAID
FROM MIAMI-DADE COUNTY GENERAL OBLIGATION BONDS TO FINANCE
THE BUILDING BETTER COMMUNITIES PROGRAM.
WHEREAS, the Band Shell Park and Flamingo Park projects were included under the
voter approved Miami-Dade County Building Better Communities program funded by General
Obligation Bonds (GOB) with funding allocations of $1,500,000 and $3,099,000, respectively; and
WHEREAS, although the initial year of funding for the two projects was listed as 2005 by
the County and the City has still not received executed agreements for these projects; and
WHEREAS, construction on the northeast quadrant of the Band Shell Park is expected to
commence in March, 2012, while construction work in Flamingo Park is anticipated to commence in
April, 2012; and
WHEREAS, for these reasons, the City cannot delay the Band Shell Park and Flamingo
Park projects any longer; especially as the County's GOB funding is only one component of a larger
County-wide funding package which has been delayed; and
WHEREAS, the City Administration will need to appropriate advance Quality of Life funds
for these two remaining projects, with the intent that these advance funds will be reimbursed by the
pending issuance of County GOB funds after the two agreements are executed; and
WHEREAS, the proposed advance funding of $1,103,450, from Fund 307-NB Quality of
Life Resort Tax Fund will allow for the construction completion of the Band Shell Park Master Plan
Improvements project; and
WHEREAS, The proposed advance funding of $700,000, from Fund 305-SB Quality of
Life Resort Tax Fund, will supplement existing funding in the Flamingo Park project to allow for the
construction advancement of several components of the project.
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 authorize the appropriation of advance funds in the amounts of $1,103,450
from Fund 307-NB Quality of Life Resort Tax Fund, and $700,000 from Fund 305-SB Quality of
Life Resort Tax Fund, for the Band Shell Park Master plan improvements and Flamingo Park
projects, respectively; with such funds to be repaid from Miami-Dade County General obligation
Bonds to finance the Building Better Communities Program.
PASSED AND ADOPTED this_ day of ___ , 2012.
ATTEST:
CITY CLERK MAYOR
T:\AGENDA\2012\3-21-12\Band Shell & Flamingo Parks RESO 2012-03-21.doc
662
APPROVED AS TO
FORM & LANGUAGE
~Otl. EXECUTION
~-zl~::-fn lty~~
CARLOS A. GIMENEZ
MAYOR
March 5, 2012
Honorable Mayor Matti Herrera Bower
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
AHachmenf A
OFFICE OF THE MAYOR
MIAMI-DADE CoUNTY, FLORIDA
Re: Response concerns regarding funding delays for the two City of Miami Beach Building Better
Communities General Obligation Bond {BBC-GOB) Projects -Flamingo Park and Band Shell Park.
Dear Mayor Bower:
The City of Miami Beach (City) and Miami-Dade County have been working very closely since the BBC-GOB
was overwhelmingly approved by the voters of Miami-Dade County in 2004. The City has completed 13 out
of its 15 BBC-GOB projects and received over $21,500,000 of funding from the BBC-GOB Program.
In August of 2011, City staff was advised that the BBC-GOB proposed budget for the referenced projects for
FY 2011-12 was as follows:
FY 2011-12 FY 2013·14
Flamingo Park $2,000,000 $1,099,000
Band Shell Park $1,500,000 N/A
The City was further advised that the FY 2011-12 funding would be available by September 2012. Via e-mail
correspondence with BBC-GOB staff, the City's staff responded very favorably to the proposed BBC-GOB
funding schedule for the two projects and confirmed that the City would be able to ·move forward with the
projects.
As you are aware, due to general economic conditions and the scarcity of capital funds, the Board of County
Commissioners (Board) requested, during the second budget hearing held on September 22, 2011, that a
workshop be held to review all of the BBC-GOB projects funded in FY 2011-12. In response to the request,
a directive was issued that no new BBC-GOB funded projects would begin until the Board has had the
opportunity to review the projects for FY 2011-12 and approve the plan. The members of the Board
subsequently provided a list of priority projects within each of their Commission Districts. The BBC-GOB
discussion has been placed on the agenda of the March 6, 2012 meeting of the Board.
STEPHEN P. CLARK • 111 N.W. FIRST STREET • 29TH FLOOR • MIAMI, FLORIDA 33128·1930 • (305) 375-5071
663
Honorable Mayor Herrera Bower
BBC-GOB Project Funding for the City of Miami Beach
Page2
We are working diligently with all of our stakeholders to make sure all the ongoing BBC-GOB projects are
completed. Miami-Dade County remains committed to the success of the BBC-GOB Program. The Office of
Management and Budget will keep the City informed as new developments occur.
If you have any questions or additional inquires contact Nan A. Markowitz, Bond Program Coordinator, at
(305) 375-3879. Thank you for your continued support of the BBC-GOB Program.
c: Edward Marquez, Deputy Mayor
Jennifer Moon, Director, Office of Management and Budget
Nan A. Markowitz, Bond Program Coordinator, Office of Management and Budget
Jorge M. Gonzalez, City Manager, City of Miami Beach
Mayor08212
664
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Mayor And City Clerk To Execute A Guaranteed Maximum Price (GMP) Amendment
No.1, To The Pre-Construction Services Agreement With James B. Pirtle Construction Co. Inc., Dated
November 16, 2011, For The Construction Of The Flamingo Park Tennis Center Project, In The
Negotiated Amount Of $5,231,816, Plus An Owner's Contingency Of $146,719, For A Total Of
$5,378,535; With Previously Appropriated Funding In The Amount Of $373,561 From Fund 377-99
G.O. Bonds, $2,398,163 From Fund 383-2003 G.O. Bonds, And $2,606,811 From Fund 388-SP Post
RDA COT And Municipal Resort Tax.
Key Intended Outcome Supported:
Ensure well designed Quality Capital Projects.
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community satisfaction survey indicates
that 87.3% of South Beach residents rate the appearance and maintenance of the City's public buildings
as Excellent and Good.
Issue:
l Shall the Mayor and City Commission adopt the Resolution?
Item Summary/Recommendation:
The scope of work for the Flamingo Park Tennis Center project consists of the demolition of the existing
tennis center building and courts, and construction of a new 6,348 square-foot one-story tennis center
facility and seventeen (17) hydro tennis courts, pursuant to the approved master plan (Resolution 2009-
27190), inclusive of courts lighting, landscape and irrigation work.
On September 14, 2011, the Mayor and City Commission adopted Resolution No. 2011-27709
approving and authorizing the Mayor and City Clerk to execute a professional services agreement with
James B. Pirtle Construction Co., Inc. (Pirtle}, in an amount not to exceed $41,710, for pre-construction
services for the construction of the Flamingo Park Tennis Center, and upon completion of pre-
construction services, authorizing the City Manager to enter into negotiations for a Guaranteed
Maximum Price (GMP) for construction services.
The City and Pirtle negotiated a GMP of $5,231,816, plus an owner's contingency of $146,719, for a
total of $5,378,535.
The Administration is of the opinion that the final GMP is competitive, fair and a reasonable price for the
construction of the Flamingo Park Tennis Center and courts.
With the approval of this resolution it is anticipated that construction will commence in May 2012, and
will be substantially completed in May 2013.
THE ADMINISTRATION RECOMMENDS APPROVAL OF THIS RESOLUTION.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account
Funds: 1 $ 373,561 Fund 377 377-2320-067357 99 G.O.Bonds
~ 2 $2,398,163 Fund 383 383-2320-067357 2003 G.O. Bonds
3 $2,606,811 Fund 388 388-2320-069357 SP Post RDA COT and
Municipal Resort Tax
4
OBPI Total $5,378,535
Financial Impact Summary:
Assistant
C9 MIAMI BEACH 665
(9 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: March 21, 2012
SUBJECT: A RESOLUTION OF THE MAYO ND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A GUARANTEED MAXIMUM
PRICE (GMP) AMENDMENT NO. 1, TO THE PRE-CONSTRUCTION
SERVICES AGREEMENT WITH JAMES B. PIRTLE CONSTRUCTION CO.,
INC., DATED NOVEMBER 16, 2011, FOR THE CONSTRUCTION OF THE
FLAMINGO PARK TENNIS CENTER PROJECT, IN THE AMOUNT OF
$5,231,816, PLUS AN OWNER'S PROJECT CONTINGENCY OF $146,719,
FOR A TOTAL OF $5,378,535; WITH PREVIOUSLY APPROPRIATED
FUNDING IN THE AMOUNT OF $373,561, FROM FUND 377 • 99
G.O.BONDS, $2,398,163 FROM FUND 383 • 2003 G.O. BONDS, AND
$2,606,811 FROM FUND 388 • SP POST RDA COT AND MUNICIPAL
RESORT TAX.
ADMINISTRATIVE RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME
Ensure a quality, well constructed capital project.
FUNDING
Construction:
Previously appropriated funds for this project will be allocated as follows:
$ 373,561
$2,398,163
$2.606.811
$5,378,535
ANALYSIS
Fund 377-99 G.O.Bonds
Fund 383 -2003 G.O. Bonds
Fund 388-SP Post RDA CDT and Municipal Resort Tax
TOTAL
377-2320-067357
383-2320-067357
388-2320-069357
The scope of work for the Flamingo Park Tennis Center project consists of the demolition of the
existing tennis center building and courts, and construction of a new 6,348 square-foot one-story
tennis center facility and seventeen (17) hydro tennis courts, pursuant to the approved master plan
(Resolution 2009-27190), inclusive of courts lighting, landscape and irrigation work.
On September 5, 2007, the Mayor and City Commission adopted Resolution No. 2007-26609,
approving and authorizing the Mayor and City Clerk to execute an agreement with Wolfberg Alvarez
& Partners (W AP) for professional services for the Flamingo Park Project, pursuant to Request for
666
Commission Memorandum -Flamingo Park Tennis Center
March 21, 2012
Page 2 of3
Qualifications (RFQ) No. 15-06/07.
On June 1, 2011, the Mayor and City Commission approved the issuance of Request for
Qualifications (RFQ) No. 37-10/11 for Construction Manager at Risk (CMR) Pre-Construction
Services for the construction of the Flamingo Park Tennis Center project located in Flamingo Park.
On July 13, 2011, the Mayor and City Commission adopted Resolution No. 2011-27685 accepting
the recommendation of the City Manager, pursuant to Request For Qualifications (RFQ) No. 37-
1 0/11, for a Construction Manager at Risk firm to provide Pre-construction services and construction
phase services via a Guaranteed Maximum Price (GMP) amendment for the Flamingo Park Tennis
Center project; and authorizing the administration to enter into negotiations with the top-ranked firm,
James B. Pirtle Construction Co., Inc. (Pirtle).
On September 14, 2011, the Mayor and City Commission adopted Resolution No. 2011-27709
approving and authorizing the Mayor and City Clerk to execute a professional services agreement
with Pirtle, in an amount not to exceed $41,710, for pre-construction services for the construction of
the Flamingo Park Tennis Center, and upon completion of pre-construction services, authorizing the
City Manager to enter into negotiations for a Guaranteed Maximum Price (GMP) for construction
services.
On December 19, 2011, a public invitation to bid notice was sent by Pirtle and the City of Miami
Beach to advise subcontractors interested in bidding the project to submit bids no later than January
10, 2012 at 2:00pm.
On January 10, 2012, Pirtle held a bid opening which was attended by representatives of the City
and WAP. Subcontractors submitted sealed bids which were opened by Pirtle in the presence of the
City and WAP.
On January 19, 2012, Pirtle submitted the first draft of the GMP proposal for review by the City and
WAP, in the amount of $5,989,883. Following a number of negotiation meetings, discussions, and
evaluation of value-engineering options, the final negotiated GMP is $5,231,816, plus an owner's
contingency of $146,719 for a total of $5,378,535. It is important to note that Pirtle obtained
competitive bids from sub-contractors in order to reach the best possible GMP. The Schedule of
Values per discipline is included as Attachment A.
In order to obtain further assurance that the best value for this project has been negotiated, the City
also contracted Atkins of North America (Atkins) to perform an independent construction cost
estimate {Attachment B). Atkins' estimated construction cost of this project is within a range of $5.2
to $5.6 million.
The final negotiated GMP is also in line with the $5,098,000 construction estimate from WAP dated
March 2010 (Attachment C).
The Administration is of the opinion that the final GMP is competitive, fair and a reasonable price for
the construction of the Flamingo Park Tennis Center project.
Upon City Commission's approval of the GMP, and as contemplated in any GMP Amendment(s),
Pirtle will deliver all of the Construction Services required to complete the Work in strict accordance
with the Contract Documents, and deliver the Project to the City at or below the GMP and within the
Contract time.
The total construction budget for Flamingo Park Project, as appropriated in the adopted Capital
Budget, was $7,491,501. The conceptual construction budget estimate for the Tennis Center
component, as identified in the Basis of Design Report (BODR), was $4,820,000. The current
667
Commission Memorandum -Flamingo Park Tennis Center
March 21, 2012
Page 3 of3
negotiated GMP in the amount of $5,231,816 is higher as a result of current market conditions and
due to the added project phasing component, which requires that a Pro-shop and half of the tennis
courts remain in operation during the construction period. As a result of this increase, the
construction budget for the remainder elements identified in the BOOR will be reduced by $411,816.
The anticipated Project Schedule for the construction of the Tennis Center is as follows:
Commission GMP Awarded: March 21, 2012
Notice to Proceed Number One: April 11, 2012
Notice to Proceed Number Two: May 1, 2012
Construction Start: May 2012
Substantial Completion: May 2013
CONCLUSION
The Administration recommends approval of the attached Resolution, authorizing the Mayor and City
Clerk to execute a Guaranteed Maximum Price (GMP) Amendment No.1 to the Pre-Construction
Services Agreement with James B. Pirtle Construction Co., Inc., for the Flamingo Park Tennis
Center Project, in the amount of $5,231,816, plus an owner's contingency in the amount of
$146,719, for a total of $5,378,535.
JMG\DB\FV\DM
Attachments:
A. Schedule of Values by Discipline
B. Atkins Cost Estimate
C. WAP Cost Estimate
668
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
GUARANTEED MAXIMUM PRICE (GMP) SUBMITTED BY JAMES
B. PIRTLE CONSTRUCTION CO. INC., AS REQUIRED PURSUANT
TO THE PRE-CONSTRUCTION SERVICES AGREEMENT, DATED
NOVEMBER 16, 2011, FOR THE CONSTRUCTION OF THE
FLAMINGO PARK TENNIS CENTER PROJECT; SAID GMP IN THE
AMOUNT OF $5,231,816, PLUS AN OWNER'S PROJECT
CONTINGENCY OF $146,719, FOR A TOTAL OF $5,378,535; WITH
PREVIOUSLY APPROPRIATED FUNDING, IN THE AMOUNT OF
$373,561, FROM FUND 377 -99 G.O.BONDS; $2,398,163 FROM
FUND 383 -2003 G.O. BONDS; AND $2,606,811 FROM FUND 388 -
SP POST RDA COT AND MUNICIPAL RESORT TAX.
WHEREAS, the scope of work for the Flamingo Park Tennis Center Project consists
of the demolition of the existing tennis center building and courts, and construction of a new
6,348 square-foot one-story tennis center facility and seventeen (17) clay tennis courts,
pursuant to the approved Master Plan (as approved by Resolution 2009-27190), inclusive of
courts lighting, landscape and irrigation work (the Project); and
WHEREAS, on June 1, 2011, the Mayor and City Commission approved the
issuance of Request for Qualifications (RFQ) No. 37-1 0/11, for a Construction Manager at
Risk (CMR) to provide Pre-Construction Services and Construction Phase Services via a
Guaranteed Maximum Price (GMP) Amendment for the Flamingo Park Tennis Center
Project; and
WHEREAS, on July 13, 2011, the Mayor and City Commission adopted Resolution
No. 2011-27685, accepting the recommendation of the City Manager, pursuant to Request
For Qualifications (RFQ) No. 37-1 0/11, and authorized the Administration to enter into
negotiations with the top-ranked firm, James B. Pirtle Construction Co., Inc. (Pirtle); and
WHEREAS, on September 14, 2011, the Mayor and City Commission adopted
Resolution No. 2011-27709, approving and authorizing the Mayor and City Clerk to execute
a Professional Services Agreement with Pirtle, in an amount not to exceed $41,710, for pre-
construction services and, upon completion of such pre-construction services, authorizing
the City Manager to enter into negotiations for a Guaranteed Maximum Price (GMP) for
construction services and, subject to approval of the GMP by the City Commission, also
authorizing the City Manager and City Clerk to execute the GMP Amendment for the Project;
and
WHEREAS, the City Administration and Pirtle have a GMP, in the amount of
$5,231,816, plus an owner's contingency of $146,719 and, accordingly, the City Manager
requests that the Mayor and City Commission accept and approve the GMP, following which
he will proceed to execute the GMP Amendment with Pirtle.
669
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 the Guaranteed Maximum Price (GMP) submitted by James B.
Pirtle Construction Co. Inc., as required pursuant to the Pre-Construction Services
Agreement, dated November 16, 2011, for the construction of the Flamingo Park Tennis
Center Project; said GMP in the amount of $5,231,816, plus an owner's contingency of
$146,719; for a total of $5,378,535; with previously appropriated funding, in the amount of
$373,561, from Fund 377-99 G.O. Bonds; $2,398,163 from Fund 383-2003 G.O. Bonds;
and $2,606,811 from Fund 388-SP Post RDA CDT and Municipal Resort Tax.
PASSED AND ADOPTED THIS ___ DAY OF ------'2012.
ATTEST:
Robert Parcher, CITY CLERK Matti Herrera Bower, MAYOR
JMG\08\FV\DM
T:\AGENDA\2012\3-21-12\Fiamingo Tennis Pirtle GMP Amendment 1-RESO.doc APPROVED AS TO
FORM & LANGUAGE
&F ECUTION
~~'71==.~~ ft.p~._
670
Flamingo Park Tennis Center
ESTIMATE NO./REF.
TIME TO COMPLETE {days):
PROJECT NUMBER:
LOCATION/OWNER:
BID DATE:
Flamingo Pal1< GM' 221.12.xlsm
11459
330
2011-27709
COMB
January 10, 2012
Form ES-4020
671
!ATTACHMENT A I
Pirtle Construction Company
ESTIMATE SUMMARY
1 of1
I AMI
CITY OF MIAMI BEACH
FLAMINGO PARK
TENNIS CENTER
100%COST ESTIMATE
FEBRUARY 2012
SUBMITTED BY:
ATKINS
672
!ATTACHMENT Bl
H
Date: February 27, 2012
Ms. Thais Vieira, RA
Capital Projects Coordinator
Capital Improvement Projects
City of Miami Beach
Subject:
Dear Thais:
Flamingo Park, Tennis Center
Estimate of Probable Construction Costs
100% Construction Documents Submittal
FLAMINGO PARK, TENNIS CENTER
submitted via e-mail
Attached please find the subject project's estimate of probable construction costs. We anticipate the probable
range of construction costs for this project to be $5.2M to $5.6M. The estimated costs exclude any
Environmental Remediation including lead/ Arsenic removal, as well as value engineering. The estimated
range of probable costs accounts for the current market conditions and potential competitive bids within a CM
@ Risk environment. Please note the following basis, assumptions and qualifications that are accounted for in
the development of this project cost estimate:
Basis, Assumption and Exclusions:
• Estimated costs are based on drawings provided by Wolfberg Alvarez & Partners, Inc. dated March 16,
2010 with latest version No. 7 dated 12/7/11.
• Intent of the cost estimate development is to establish a reasonable range of costs for the project.
• Unit costs and allowances are based on standard R.S. Means 2012 prices, vendor price quotes and
historical data.
• Estimated costs exclude the following:
o Environmental Mitigation and Remediation including lead, Asbestos Abatement (if required)
o Furnishings, Fixtures and Equipment and other scope that are typically NIC (Not-In-Contract)
o Design, Construction Administration Costs
o General Contractor's Contingency (if required)
o Inflation, all costs are present day.
o Estimate includes builder's risk as an allowance.
Please call me with any questions or comments at (305) 514-3211.
---
Juan, fonso,Assoc.AIA
Assoc. VP, Group Manager
CC:File
Page I 2
673
KINS
16
City of Miami Beach
Flamingo Park Tennis Center
100% Construction Documents Estimate
Summary-Estimate of Probable Construction Costs
No. Scope Description
Tennis Center
2 Sitework
ESTIMATED PROBABLE CONSTR. COST (2012)
Builders Risk (Allowance) @ 2%
ESTIMATED PROBABLE CONSTR. COST (Rounded)
General Contractor's Contingency (if applicable)
February 27, 2012
Total Estimate
$2,149,700
$3,204,702
$5,354,402
$107,088
$5,461,500
Not Included
ESTIMATE QUALIFICATION; Due to the recent unpredictable bidding conditions in the local area, ATKINS qualifies that the attached
estimate and established range or probable construction costs are based on ATKINS' best judgment of a reasonable construction cost range
to complete the subject project. However, it is to be noted that there is a potential for the bids for this project to vary from the established
range due to reasons that are beyond normal construction market conditions and reasonable competition.
1\TKINS
674
City of Miami Beach
Flamingo Park Tennis Center
100% Construction Documents Estimate
Allocation of Construction Cost (Based on CSI Division Breakdown)
02 Sitework* $ 2,772,238
03 Concrete $ 401,867
04 Masonry $ 105,171
OS Metals $ 30,275
06 Wood, Plastics, and Composites $ 33,418
07 Thermal and Moisture Protection $ 78,172
08 Openings $ 141,496
09 Finishes $ 196,528
10 Specialties $ 79,129
15 Mechanical $ 269,194
16 Electrical $ 212,149
Subtotal Construction Costs $ 4,319,637
Gen. Contractor General Conditions 10% $ 431,964
Bonds & Insurance 3% $ 129,589
Subtotal Construction Costs $ 4,881,189
Overhead & Profit 6.5% $ 317,277
Subtotal Construction Costs $ 5,198,467
Design Contingency 3% $ 155,954
Construction Costs $ 5,354,421
Builders Risk Insurance (Allowance) 2% $ 107,088
• Sitework for Building and Tennis Courts
$800,000 ~ i ~ ... ~ II' ...,, !1>'
$700,000 ~ ~ -.; ~ $
~ 'b ~ $600,000 "' ~-" ,:;-.tr Iff' <:>' "" ri' ~
$500,000 ,f rfr' l iJ;'
$400,000 ~ "" $300,000
$200,000
$100,000
$-
.... "' ., ... ., <o " 'b 0) ;s ;s ;s ~ ;s ;s ;s ;s ;s
§ § i' § .{ § § § ~ ~ ~ ~ ~ ~ ~
Estimated Project Duration: lZ Months
Page 17
675
FLAMINGO PARK, NEW TENNIS CENTER
February 27, 2012
11 Sitework*
11 Concrete
!3 Masonry
11 Metals
Ill Wood, Plastics, and
Composites
!:l Thermal and Moisture
Protection
ill Openings
<'l Finishes
f:l; Specialties
»Mechanical
r;o Electrical
.!!' .... ~ j' "' !:>' ~ "" l -tt
~ ~ ::; ;s l ;s
.{ § ~ ~
ATKINS
0) ...... 0) ----.-.-~ ................... r . ·---······--------------------·-------·-·-··-~ I .---..\ ;' \.._.... ' '.....___./ I .UU:RJ J'C.t:l fJ. r-WOLFBERG ALVAREZ AND PARTNERS n 1500 San Remo Avenue· Suite 300 Coral Gables, Florida 33146 '-lHII :'i ~ &H f ~t; I Estimate of Probable Construction Cost PROJECT SUMM~RY I CONSTRUCTION DOCUMENTS PERMIT SUBMITTAL Project No. : I ProJect Totals Market Conditions 0.90 Flamingo Park J Contct's Gnri Cond 7.5% Tennis Center OH I Profit· GC 7.5% Miami Beach, F ~rida Contingency 0.0% Performance Bond 1.5% Total Cost ITEM DESCRIPTION I I SUMMARY I I Civil I I I Architectural & Structural\ Mechanical-HVAC I Plumbing ! I Electrical I I Musco Lighting Svstem I LandscaQe and lrrigation\(AIIowance) NOTE: I --1 THIS ESTIMATE DOES ~OT INCLUDE ANY COSTS ASSOCIATED WITH CONSTRUCTION PHASING I summary ·-··-. -DATE 16-Mar-10 $ 4,829 502 $ 4 346552 $ 4 346 552 $ 325,991 $ 4,672,543 $ 350,441 $ 5,022,984 $ - $ 5,022,984. $ 75345 $ 5 098 329 $ 5,098,329: SUB-TOTAL $ 2,282,023 $ 1,182,908 $ 76,198 $ 185,464 $ 344,830 $ 608,080 $ 150,000 ~--------~---·-~ \ .. / Page 1 ~ );! 0 I s: m z -I 0
0) ...... ...... -···----·-·---·-·· ........ .. I'.. ..... ........ ..-------· ..... . -. ---··----·--·· r· I --~\ ··-\ "---I , ___ __, ... / .U.<'OfH.C'rUJtllli I -~;,_,..~·~;'~····'~~;~. WOLFBERG ALVAREZ AND PARTNERS }•, \;' :·;/_; 1500 San Remo Avenue· Suite 300 . ~t _ ....... , .. ¥ . Coral Gables, Florida 33146 :~~-.:~~~;~·" Estimate of Probable Construction Cost WA Project No.: 2801000 I Civil CONSTRUCTION DOCUMENTS PERMIT SUBMITTAL DATE 16-Mar-10 File Identification : Wolfberg Alvarez & Partners Gross Area (air conditioned area: 4,703 + 1/2 outdoor terraces: 2,239) NIA Sq. Ft. Estimated by : Roberto Carl:lona II Unit Cost Per Sq. Ft. Checked by : Jorge Maldo~do ProJect Total Cost Per Sq. Ft. LABOR MATERIAL TOTAL ProJect Name: Project Totals $1,082,440 $842.923 $1,925,363 Local Area Adjustment 1.00 $1,062,440 1.00 $842,923 $1,925,363 Flamingo Park contingency o% so $0 $1,925,363 Tennis Center Taxes, Etc. 7.0% $59,oos $1,964,367 Miami Beach, Florida overhead & Profit 15% $297,655 $2,282,023 I Miscellaneous SO $0 $0 I Total Cost $2,262,023 LABOR MAT'L I ) UNIT UNIT ITEM DESCRIPTION I REFER QTY UNIT COST LABOR COST MATERIAL TOTAL Pollution Con~rol 1 Silt Fence I I 2,000 L.F. $0.40 $800.00 $0.35 $700.00 $1,500.00 2 Temporary Pollution, Erosion, Siltation Controls 1 LS. $6,000.00 $6,000.00 $1,000.00 $1,000.00 $7,000.00 Demolition and R~movals 3 Clearing & Grubbing i I · 1 L.S. $12,000.00 $12,000.00 $0.00 $0.00 $12,000.00 4 Remove Tennis Courtsi I 107,234 S.F. $0.15 $16,085.10 $0.00 $0.00 $16,085.10 5 RemoveConcretePav~ment(si~ewalks,etc.) 11,000 S.F. $1.00 $11,000.00 $0.00 $0.00 $11,000.00 6 Demolish Building & structures I 1 L.S. $20,000.00 $20,000.00 $0.00 $0.00 $20,000.00 7 Remove Chain Link Fepce I 2,225 L.F. $1.50 $3,337.50 $0.00 $0.00 $3,337.50 8 Remove Benches I I 4 E.A. $200.00 $800.00 $0.00 $0.00 $800.00 9 Remove Irrigation System I 2,450 L.F. $0.20 $490.00 $0.00 $0.00 $490.00 10 Remove Concrete Curti I 207 L.F. $1.75 $362.25 $0.00 $0.00 $362.25 11 Remove Catch Basins I I 4 E.A. $220.00 $880.00 $0.00 $0.00 $880.00 Hardscapel 12 New Concrete Sidewal!t I 12,800 S.F. $1.20 $15,360.00 $2.64 $33,792.00 $49,152.00 13 New Concrete Practice! Court I 4,230 S.F. $5.00 $21,150.00 $2.00 $8,460.00 $29,610.00 14 Fill Hydrocourt (D.rading) I 5,380 C.Y. $3.00 $16,140.00 $10.00 $53,800.00 $69,940.00 15 Tennis Court (Inc. fence1 curb, nets\ net posts, Jines, etc.) 17 E.A. $40,000.00 $680,000.00 $25,000.00 $425,000.00 $1,105,000.00 16 Fill Building (grading F;FE=U.oo·~ 1,476 C.Y. $4.00 $5,904.00 $10.00 $14,760.00 $20,664.00' 17 Chain Link Fence (ove~ CBS wa(l) 135 L.F. $15.00 $2,025.00 $20.00 $2,700.00 $4,725.00 18 Picket Fence I I 75 L.F. $10.00 $750.00 $125.00 $9,375.00 $10,125.00 I ~~I I i I c~~ _, I
0) ....... co ITEM 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 j· .......... . i I I DESCRIPTION Drainage Wells (well+ Cone. Str(u;ture 6'x10'x5') 15" HOPE Solid Storm Pipe I 15" PVC Solid Storm Pipe I 11" PVC Solid Storm Pipe I 8" PVC Solid Storm Pipe I 6" PVC Solid Storm Pip~ I 4" PVC Solid Storm Pipe I 2" PVC Solid Storm Pi~ I Trench zurn Z-882 I I Precast Drainage Structures I NyJoplast Drainage Structures I Water and Sewer 1" Water Main i I 1/2" Water Main I I 2" Water Main I I 2" Irrigation Meter installed I 4" Water Main I I Connect 4" Water Main ito ExistlQg 16" Water Main 4" Water Meter i I 2"RPBP I 4"RPBP ! I Connect 6" Sanitary Pipe to Exis~ing c.o. I I I I I I I I ! i I i -I I I I I I ! I I I I I I -··-·----·· lr~ I ' ' --REFER QTY 8 1,542 132 445 200 20 12 80 739 6 31 314 60 412 2 97 1 1 1 1 1 Clvii.XLS ~-.. "\ UNIT UNIT LABOR MAT'L UNIT COST LABOR COST MATERIAL TOTAL E. A. $22,000.00 $176,000.00 $18,000.00 $144,000.00 $320,000.00 LF. $20.00 $30,840.00 $8.00 $12,336.00 $43,176.00 L.F. $12.00 $1,584.00 $12.00 $1,584.00 $3,168.00 LF. $12.00 $5,340.00 $10.40 $4,628.00 $9,968.00 L.F. $10.40 $2,080.00 $5.60 $1,120.00 $3,200.00 L.F. $10.50 $210.00 $4.80 $96.00 $306.00 L.F. $8.00 $96.00 $2.00 $24.00 $120.00 LF. $8.00 $640.00 $1.00 $80.00 $720.00 L.F. $12.00 $8,868.00 $116.00 $85,724.00 $94,592.00 E.A. $1,200.00 $7,200.00 $1,080.00 $6,480.00 $13,680.00 E.A. $800.00 $24,800.00 $870.00 $26,970.00 $51,no.oo L.F. $8.00 $2,512.00 $1.00 $314.00 $2,826.00 L.F. $8.00 $480.00 $1.00 $60.00 $540.00 L.F. $8.00 $3,296.00 $1.50 $618.00 $3,914.00 E.A. $160.00 $320.00 $280.00 $560.00 $880.00 L.F. $10.00 $970.00 $6.00 $582.00 $1,552.00 E.A. $2,400.00 $2,400.00 $1,600.00 $1,600.00 $4,000.00 E.A. . $200.00 $200.00 $2,920.00 $2,920.00 $3,120.00 E. A. $600.00 $600.00 $1,320.00 $1,320.00 $1,920.00 E.A. $800.00 $800.00 $2,280.00 $2,280.00 $3,080.00 E.A. $120.00 $120.00 $40.00 $40.00 $160.00 I I Page2
0) ...... (Q c r I I ~:\'Ut"'·.: Ull.f~tl WA Project No. : 2801000 I File Identification : Wolfberg Alvare% & Partners Estimated by : Rafael Labrada I Checked by : Marcel Morlote Project Name : I Flamingo Park I Tennis Center 1 Miami Beach, Florir ITEM !DESCRIPTION Div. 3 !Concrete Beams Columns Slabs -Elevated Ground Floor Slab-7"i Mud-Slab 2" 1 Augercast Piles-14" Dia. Grade Beams I Stairs I Concrete Stem Walls! I L.!ghtweight lnsulatif!9_ Concret~ I I Div. 4 IMasoi!!Y_ I I 8"CMU r··-~ Cell Reinforcement ! I~ 12"CMU 1-I Ornamental Precast Sphere I I I Div.5 Metals I I 8" !1i Steel Column at !Roof Ca~opy -~, \-----./ WOLFBERG ALVAREZ AND PARTNERS 1500 San Remo Avenue· Suite 300 Coral Gables, Florida 33146 Estimate of Probable Construction Cost Arch. & Struc. CONSTRUCTION DOCUMENTS PERMIT SUBMITTAL REFER Gross Area (air conditioned area: 4,703; + 1/2 outdoor terraces: 2,239) Unit Cost Per Sq. Ft. $60.47 Project Total Cost Per Sq. Ft. Project Totals Local Area Adjustment Contingency Taxes, Etc. overhead & Profit l\lllscellaneous Total Cost QTY I UNIT 851 C.Y. 100 I C.Y. 1861 C.Y. 172 I C.Y. 50 I C.Y. 2,116 I L.F. 2081 C.Y. 3141 LF-N 60 I C.Y. 6,0561 S.F. 8,8521 S.F. 3,9261 S.F. 350 I S.F. 1 I EA. 192 I L.F. Archllecturai.XLS 1.00 0% 7.0% 12.5% UNIT LABOR COST $400.00 $450.00 $150.00 $100.00 $30.00 $10.00 $300.00 $12.00 $375.00 $1.00 $3.00 $4.75 $4.25 $100.00 $4.00 LABOR $419,810 $419,810 $0 $0 LABOR $34,000.00 $45,000.00 $27,900.00 $17,200.00 $1,500.00 $21,160.00 $62,400.00 $3,768.00 $22,500.00 $6,056.00 $26,556.00 $18,648.50 $1,487.50 $100.00 $768.00 UNIT MAT'L COST 1.00 $315.00 $335.00 $250.00 $200.00 $85.00 $12.00 $350.00 $4.50 $295.00 $2.00 $2.10 $3.10 $3.00 $750.00 $65.00 -....._,_ I ·.~ DATE 16-Mar-10 6,942 Sq. Ft. -$85.04 $145.51 MATERIAL $590,340 $590,340 $0 $41,324 $131,434 $0 MATERIAL $26,775.00 $33,500.00 $46,500.00 .. $34,400.00 $4,250.00 $25,392.00 $72,800.00 $1,413.00 $17,700.00 .. $12,112.00 I' $18,589.20 . $12,170.60 $1,050.00 $750.00. $12,480.00 $170.40 TOTAL $1,010,150 $1,010,150 $1,010,150 $1,051,474 $1,182,908 $0 $1,182,908 TOTAL $60,775.00 $78,500.00 $74,400.00 $51,600.00 $5,750.00 $46,552.00 $135,200.00 $5,181.00 $40,200.00 $18,168.00 $45,145.20 $30,819.10 $2,537.50 $850.00 $13,248.00 Page 1
0) 00 0 ITEM Div. 6 Div. 7 Div. 8 Div. 9 .l .. ··--T-----·-------.. -·-c I I I I I DESCRIPTION I REFER Aluminum RailinQs -Wall I Aluminum Railinlls I I Nosings I I I Metal Ladders I I 4" Steel Columns-at v./indows I I I I I I I Wood and Plastics I I ' Quartz Surfaced Couriter Tops I Plastic Laminate Cabinets I Wood Base I I I I Thermal and MoistureiProtectl.;m Waterproofing-Planters & Stem Walls L,iquid Applied Waterproofing ~t Roof Canopy Rjgid Insulation -Wall I Mod. Bitumen Roofing I Roofing Walkways I I Roof Hatch I I Caulking and Sealants l ~ I I Openings I I GUAL Doors-Pair I I I GUAL Doors-Single! I Electric Rolling Grille ! I HM Doors and Frame!-Pair I HM Doors and Frame-Single I HM Door/Frame -Single x Int. I Storefront-Impact Resistant I Fixed Windows-lmpa(:t Resist~:~nt Door Hardware -Average I Wood Louvered Swin~ Doors i I I Finishes I I Gypsum Board Part I I r·, \....__ ... ../ QTY UNIT 66 L.F. 182 L.F. 314 L.F. . 28 VLF 165 L.F. 34 L.F. 40 L.F. 230 L.F. 2,800 S.F. 2,360 S.F. 2,200 S.F. 61 sa. 250 S.F. 2 EA. 1 LS 2 EA. 1 EA. 1 EA. 1 EA. 2 EA. 10 EA. 760 S.F. 190 S.F. 20 EA. 5 EA. 2230 S.F. Archltecturai.XLS '') ./ UNIT UNIT LABOR MAT'L COST LABOR COST MATERIAL TOTAL $7.00 $462.00 $20.00 $1,320.00 $1,782.00 $15.00 $2,730.00 $125.00 $22,750.00 $25,480.00 $1.25 $392.50 $4.00 $1,256.00 $1,648.50 $15.00 $420.00 $35.00 $980.00 $1,400.00 $3.50 $577.50 $50.00 $8,250.00 $8,827.50 $30.00 $1,020.00 $85.00 $2,890.00 $3,910.00 $45.00 $1,800.00 $175.00 $7,000.00 $8,800.00 $1.50 $345.00 $2.50 $575.00 $920.00 $0.75 $2,100.00 $1.10 $3,080.00 $5,180.00 $1.50 $3,540.00 $2.50 $5,900.00 $9,440.00 $0.30 $660.00 $0.50 $1,100.00 $1,760.00 $45.00 $2,745.00 $40.00 $2,440.00 $5,185.00 $0.65 $162.50 $1.25 $312.50 $475.00 $150.00 $300.00 $700.00 $1,400.00 $1,700.00 $750.00 $750.00 $100.00 $100.00 . $850.00 $900.00 $1,800.00 $3,000.00 $6,000.00 $7,800.00 $450.00 $450.00 $1,500.00 $1,500.00 $1,950.00 $400.00 $400.00 $2,500.00 $2,500.00 . $2,900.00 $150.00 $150.00 $750.00 $750.00 $900.00 $100.00 $200.00 $450.00 $900.00 $1,100.00 $90.00 $900.00 $375.00 $3,750.00 . $4,650.00 $6.00 $4,560.00 $25.00 $19,000.00 $23,560.00 $4.50 $855.00 $20.00 $3,800.00 $4,655.00 $125.00 $2,500.00 $400.00 $8,000.00 $10,500.00 $50.00 $250.00 $175.00 $875.00 $1,125.00 $1.75 $3,902.50 $1.20 $2,676.00 $6,578.50 Page2
0) 00 ~ -~~ ---~~ ·····-... ··-· -· --··-. -,. ~--· ---· c I i I I ITEM DESCRIPTION Gypsum Board on Fuiring I Stucco I I Stained Concrete Floors I Susp. Gyp. Board Ceilings I Exterior Soffits/Framimg I Suspended "Aqua-Tough" Ceilirg_ Porcelain Tile Walls I I Porcelain Tile -Floors I Mosaic Tiles/Exterior inc. WP I Suspended Acoustical Ceilings~··· Exterior Painting -Walls I Interior -Painting i I Painting -Doors/Frames I Interior Painting -CMU I Misc. Painting I I I I Div. 1C Sr!_eclaltles I I Exterior Signage I I Misc. Signage -Doors I Toilet Compartments : I Toilet Accessories-Allowance I Mirrors i I Fire Extinguishers I i I Lockers-Metal I I Wood Bench I I Benches and Tables~ Outdoor/ ShadeKiosk I I ShadeCano~ ' I ! Shoe Cleaners I I I I I I I I I ·---. -~-----·-------~ \_j REFER QTY UNIT 3,200 S.F. 830 SY 2,870 S.F. 1,150 S.F. 250 S.F. 1,408 S.F. 3,260 S.F. 2,700 S.F. 2,690 S.F. 614 S.F. 9.400 S.F. 6,580 S.F. 18 EA. 2,200 S.F. 1 LS 1 EA. 13 EA. 5 EA. 1 LS 14 EA. 3 EA. 80 EA. 4 EA. 4 EA. Welsh 4 EA. 4 EA. Welsh 4 EA. ··-·--~ --··-Archltecturai.XLS -------·--·· ·-------"' '. . __ / UNIT UNIT LABOR MAT'L COST LABOR COST MATERIAL TOTAL $4.50 $14,400.00 $0.80 $2,560.00 $16,960.00 $22.00 $18,260.00 $2.25 $1,867.50 $20,127.50 $1.00 $2,870.00 $0.50 $1,435.00 $4,305.00 $0.90 $1,035.00 $1.15 $1,322.50 $2,357.50 $2.75 $687.50 $2.50 $625.00 $1,312.50 $1.15 $1,619.20 $8.00 $11,264.00 $12,883.20 $4.00 $13,040.00 $8.00 $26,080.00 $39,120.00 $3.50 $9,450.00 $8.00 $21,600.00 $31,050.00 $6.00 $16,140.00 $10.50 $28,245.00 $44,385.00 $1.25 $767.50 $2.25 $1,381.50 $2,149.00 $0.60 $5,640.00 $0.10 $940.00 $6,580.00 $0.25 $1,645.00 $0.05 $329.00 $1,974.00 $45.00 $810.00 $5.00 $90.00 $900.00 $0.35 $770.00 $0.12 $264.00 . $1,034.00 $2,000.00 $2,000.00 $400.00 $400.00 $2,400.00 I $600.00 $600.00 $4,500.00 $4,500.00 $5,100.00 $10.00 $130.00 $50.00 $650.00 $780.00 $100.00 $500.00 $1,400.00 $7,000.00 . $7,500.00 $500.00 $500.00 $3,500.00 $3,500.00 $4,000.00. $25.00 $350.00 $150.00 $2,100.00 . $2,450.00 $10.00 $30.00 $100.00 $300.00 $330.00! $20.00 $1,600.00 $220.00 $17,600.00 $19,200.00 $0.00 $425.00 $1,700.00 $1,700.00 $50.00 $200.00 $750.00 $3,000.00 . $3,200.00 $800.00 $1,250.00 $4,800.00 $19,200.00 $20,450.00 $150.00 $1,250.00 $600.00 $2400.00 $3,650.00 $75.00 $1,250.00 $250.00 $1,000.00 . $2,250.00 -·-· Page3
0) 00 !\.) ---------..=-------·--------·--·-.... -------------······ ···---------------------------·----_,-,.--, ......... L ~-----' -.) I .utcnn tel Vlilh: I .. ~(··;~i;;:i':;:~ij-I WOLFBERG ALVAREZ AND PARTNERS f,~ ·~-· "':!;/./ 1500 San Remo Avenue ·Suite 300 .It~~--. ~ .,:@1.. • Coral Gables, Florida 33146 ........... ~·"'; · 1 Estimate of Probable Construction Cost WA Project No.: 2801000 I HVAC CONSTRUCTION DOCUMENTS PERMIT SUBMITTAL DATE 16-Mar-10 File Identification : Wolfberg Alvarez & Partners Gross Area (air conditioned area: 4,703 + 112 outdoor terraces: 2,239) 6942 Sq. Ft. Estimated by: Joe Styrsky I Unit Cost Per Sq. Ft. $2.97 $5.77 $8.74 Checked by: Marlo Gutierrez Project Total Cost Per Sq. Ft. $10.98 I LABOR MATERIAl. TOTAl. Project Name : 'i Project Totals $20,604 $40,069 $60,692 Local Area Adjustment 1.00 $20,604 1.00 $40,089 $60,692, Flamingo Park Contingency 0% $0 $0 $60,692 ' Tennis Center J Taxes, Etc. 7.0% $2,806 $63,496 Miami Beach, Florida Overhead & Profit 20% $12,700 $76,198 I Miscellaneous $0 $0 $0 Total Cost $76,198 I I UNIT UNIT I LABOR MArL ITEM DESCRIPTION . REFER QTY UNIT COST LABOR COST MATERIAl. TOTAL AIRCOOLEDCONDUNIT2TONS I 2 EA $295.00 $590.00 $670.00 $1,340.00 $1,930.00 AIRCOOLEDCONDUNIT10TONSI 1 EA $1,250.00 $1,250.00 $3,850.00 $3,850.00 $5,100.00 AIR HANDLING UNIT-2 TONS I 2 EA $515.00 $1,030.00 $2,600.00 $5,200.00 $6,230.00 AIR HANDLING UNIT -10 TONS-Wr2 1 EA $655.00 $655.00 $5,400.00 $5,400.00 $6,055.00 REFRIGERANT PIPING & /NSULATION-2 TONS 2 SYSTEM $725.00 $1,450.00 $225.00 $450.00 $1,900.00 REFRIGERANT PIPING & INSULATION-10 TONS 1 SYSTEM $1,050.00 $1,050.00 $415.00 $415.00 $1,465.00 DUCTWORK GALVANIZED SHEETro.\IETAL 2,500 LBS $1.90 $4,750.00 $4.72 $11,800.00 $16,550.00 DUCTWORK INSULATION I 1,750 SF $1.16 $2,030.00 $1.87 $3,272.50 $5,302.50 EXHAUST GRILLES I I 19 EA $17.00 $323.00 $45.00 $855.00 $1,178.00 RETURN GRILLES I I 3 EA $19.00 $57.00 $73.00 $219.00 $276.00 DIFFUSERS I I 17 EA $42.00 $714.00 $145.00 $2,465.00 $3,179.00 SIDEWALL REGISTERS I I 3 EA $63.00 $189.00 $155.00 $465.00 $654.00 SIDEWALL REGISTERS I I 6 EA $18.00 $108.00 $49.00 $294.00 $402.00 FLEX DUCTWORK ! I 90 LF $3.03 $272.70 $2.20 $198.00 $470.70 FAN EXHAUST BELT DRJVEN 500 OFM 2 EA $130.00 $260.00 $365.00 $730.00 $990.00 FAN EXHAUST BELT DRiVEN 1500~CFM 1 EA $185.00 $185.00 $465.00 $465.00 $650.00 AIR INLET HOODS i I 2 EA $95.00 $190.00 $210.00 $420.00 $610.00 CONTROLS i I 1 LS $1,000.00 $1,000.00 $2,250.00 $2,250.00 $3,250.00 TEST AND BALANCE I I 1 LS $4,500.00 $4,500.00 $0.00 $0.00 $4,500.00 I I ' HVAC-Buildlng.XLS Page 1
0) 00 w -·-r--· I ... ··-···--·· -··--------(,----. ' '--...-/ .·-, -~Jl<:utn:.t•tllk~ I WOLFBERG ALVAREZ AND PARTNERS 6 I I 1500 San Remo Avenue· Suite 300 Coral Gables, Florida 33146 &...:G't:O."f,J .• , ... .u I Estimate of Probable Construction Cost WA Project No. : 2801000 I Plumbing CONSTRUCTION DOCUMENTS PERMIT SUBMITTAL File Identification : Wolfberg Alvarez & Partners Gross Area (air conditioned area: 4,703 + 112 outdoor terraces: 2,239) Estimated by : Gina M. D~enas I Unit Cost Per Sq. Ft. $8.80 Checked by : Elvira Pita J Project Total Cost Per Sq. Ft. i I LABOR Project Name : Project Totals $61,078 Local Area Adjustment 1.00 $61,078 1.00 Flamingo Park Contingency 0% $0 Tennis Center 1 Taxes, Etc. 7.0% Miami Beach, Florida Overhead & Profit 20% I Miscellaneous $0 I Total Cost I I UNIT UNIT LABOR MAT'L ITEM DESCRIPTION REFER QTY UNIT COST LABOR COST 1 Piping (Domestic Water) I 1,000 LF $13.00 $13,000.00 $10.50 2 Piping (Sanitary, Waste, Vent) I 830 LF $14.50 $12,035.00 $12.00 3 Piping (Storm Drainage) I 600 LF $14.50 $8,700.00 $12.00 4 Piping (Condensate Drainage)! 65 LF $13.00 $845.00 $10.50 5 Insulation (Condensate Drain~ge) 65 LF $4.35 $282.75 $1.10 6 Insulation (Hot Water: Pipin_g} I 400 LF $6.50 $2,600.00 $4.50 7 Planter Drain I I 3 EA $200.00 $600.00 $800.00 8 Roof Drain I I 5 EA $250.00 $1,250.00 $750.00 9 Area Drain I I 12 EA $65.00 $780.00 $435.00 10 Floor Drain i I 9 EA $45.00 $405.00 $275.00 11 Cleanouts I I 28 EA $55.00 $1,540.00 $175.00 12 Gate Valves ! I 16 EA $45.00 $720.00 $90.00 13 Hose Bibbs ! I 6 EA $50.00 $300.00 $130.00 14 Water Hammer Arrestors I 31 EA $50.00 $1,550.00 $60.00 15 Trap Primers I I 9 EA $35.00 $315.00 $115.00 16 4"VTR I I 2 EA $80.00 $160.00 $320.00 17 3"VTR I I 5 EA $70.00 $350.00 $280.00 ! 18 Service Sink I I 2 EA $150.00 $300.00 $350.00 19 Sink 1 I 1 EA $215.00 $215.00 $510.00 20 Lavatory I I 14 EA $240.00 $3,360.00 $560.00 I Plumblng-Bulldlng.XLS I I '> DATE 16-Mar-10 6942 Sq. Ft. $12.58 $21.38 $26.72 MATERIAL TOTAL $87,360 $148,438 $87,360 $148,438 $0 $148,438 $6,115 $154,553 $30,911 $185,464 $0 $0 $185,464 MATERIAL TOTAL $10,500.00 $23,500.00 $9,960.00 $21,995.00 $7 200.00 $15,900.00 $682.50 $1,527.50 $71.50 $354.25 $1,800.00 $4,400.00 $2,400.00 $3,000.00 $3,750.00 $5,000.00 $5,220.00 $6,000.00 $2,475.00 $2,880.00 $4,900.00 $6,440.00 $1,440.00 $2,160.00 $780.00 $1,080.00 $1,860.00 $3,410.00 $1,035.00 $1,350.00 $640.00 $800.00 $1,400.00 $1,750.00 $700.00 $1,000.00 $510.00 $725.00 $7,840.00 $11,200.00 Page 1
0) 00 ~ -----__ __. ____ , .......... ·····r .. ··-c. i I ! I ITEM DESCRIPTION ! 21 Water Closet ' ' 22 Urinal I I 23 Drinking Fountain i 24 Shower I 25 Water Heater I 26 Backwater Valves ! I I I ! _.;._ -·. -.. ·----·---··· /--..... . ) \_J j REFER QTY UNIT I 10 EA I 2 EA I 2 EA I 6 EA I 1 EA. i 12 EA I I I Plumblng-Buildlng.XLS ··--··----" .... ..,.I UNIT UNIT LABOR MAT'l I COST LABOR COST MATERIAL TOTAL $285.00 $2,850.00 $665.00 $6,650.00 $9,500.00 $185.00 $370.00 $440.00 $880.00 $1,250.00 $360.00 $720.00 $840.00 $1,680.00 $2,400.00 $185.00 $1,110.00 $440.00 $2,640.00 $3,750.00 $1,500.00 $1,500.00 $3,386.00 $3,386.00 $4,886.00 $435.00 $5,220.00 $580.00 $6,960.00 $12,180.00 -··-Page2
0) 00 CJ1 ··-·--;· c I I :'IU:'UIYJ:C:t'tt41r. I ·~· t'-'-=~.:---::,;::; .. !;;.~.1-I . . I 1;2olt:1.>El:Rt:'i'r0 WA ProJect No.: 2801000 I : I File Identification : Wolfberg AIV!!rBZ & Partners Estimated by : Richard Nodarsel I Checked by : Richard Nodarsa ~ I r·· Project Name : I Flamingo Park I Tennis Center Miami Beach, Florit:la I l I I ITEM DESCRIPTION ! I Dlv. 16 Electrical DEMOLITION I I Site light poles (including base) I Equipment i I Panels I I I In-grade pull boxes ! I I Div.16 Electrical New work ' I #12 wire I I #Swire I I #10 wire : I 3/4"C. I I #Swire I I 1·1/4"C. I I 1"C. I I Receptacle WP cover I I Receptacle GFI I I Receptacle I I Disc. SW. 60A. 2P UF I I I I I I ! I I I I ~ I _L------·-----/\ -, ' / ~-WOLFBERG ALVAREZ AND PARTNERS 1500 San Remo Avenue-Suite 300 Coral Gables, Florida 33146 Estimate of Probable Construction Cost Electrical Construction Documents Date 01/14/10 Gross Area (air conditioned area: 4,703; + 112 outdoor terraces: 2,239) 6,964 Sq. Ft. Unit Cost Per Sq. Ft. $13.88 $25.59 $39.47 Project Total Cost Per Sq. Ft. $49.52 LABOR MATERIAL TOTAL Pro_lect Totals $ 96,641.80 $ 178,239.62 $ 274,881.42 Local Area AdJustment 1.00 $ 96,641.80 $ 1.00 $ 178,239.62 $ 274,881.42 Contingency 0% $ -$ -$ 274,881.42 Taxes Etc. 7.0% $ 12,476.77 $ 287,358.19 Overhead & Profit 20% $ 57 471.64 $ 344,829.83 Miscellaneous $ -Total Cost $ 344,829.83 UNIT UNIT LABOR MAT'L REFER QTY UNIT COST LABOR COST MATERIAL TOTAL 33 EA $ 500.00 $ 16,500.00 $ -$ 16,500.00 33 EA $ 100.00 $ 3,300.00 $ -$ 3,300.00 5 EA $ 151.00 $ 755.00 $ -$ 755.00 7 EA $ 100.00 $ 700.00 $ -$ 700.00 15,267 LF $ 0.26 $ 3,969.42 $ 0.04 $ 648.85 $ 4,618.27 738 LF $ 0.42 $ 309.96 $ 0.20 $ 145.39 $ 455.35 436 LF $ 0.34 $ 146.06 $ 0.11 $ 47.74 $ 193.80 5,065 LF $ 2.58 $ 13,067.70 $ 0.98 $ 4,963.70 $ 18,031.40 800 LF $ 0.52 $ 412.00 $ 0.33 $ 260.00 $ 672.00 200 LF $ 3.36 $ 672.00 $ 2.67 $ 534.00 $ 1,206.00 223 LF $ 2.92 $ 651.16 $ 1.74 $ 388.02 $ 1,039.18 18 EA $ 5.60 $ 100.80 $ 27.00 $ 486.00 $ 586.80 29 EA $ 31.50 $ 913.50 $ 8.85 $ 256.65 $ 1,170.15 24 EA $ 12.45 $ 298.80 $ 8.85 $ 212.40 $ 511,20 I 3 EA $ 146.00 $ 438.00 $ 271.00 $ 813.00 $ 1,251.00 -·--Electrlcal-musco.XLS Page 1
0) 00 0) --.w----•·-·---··--••••~-' •• ---...... ~-~--·--·--·--,..-... L . ITEM DESCRIPTION I REFER Receptacle auad I I Disc. SW. 30A. 2P UF i I Disc. SW. 30A.1P UF I I Motor rated SW WP I i Junction box 4" I I Receptacle wall olate I I Eauioment Connections I I I I Light fixtures I I iA I IA1 I iB I !81 I ;c I IC1 I ID I IE iE1 IF IF1 !G H;ALT3 H1 ALT3 ;J iK IL iM :N iN1 I ;' R I :s I !T I ~u I :v I iW I IXE ! IY I !Z I IBB I !CC I !DD I ;EE I iW I I I I Panel1 OOOA MCB I I l I ';·-.-I I /-") \.___.. .. UNIT LABOR QTY UNIT COST 3 EA $ 24.90 $ 3 EA $ 96.00 $ 3 EA $ 96.00 $ 3 EA $ 12.45 $ 3 EA $ 16.80 $ 35 EA $ 4.20 $ 1 LS $ 3,200.00 $ 12 ""EA $65.00 2 EA $65.00 43 EA p65.00 -17 tA" 65.00 2 EA p83.00 2 EA p83.00 2 EA $83.00 9 EA $9"1.00 7 EA $91.00 4 EA $83.00 3 EA -$83.00 13 -EA $65.00 2 EA $65.00 2 EA $65.00 11 ""EA ""$91.00 6 EA $83.00 4 """EA" $125.00 5 EA $125.00 3 ""EA $125.00 5 EA $125.00 4 EA 65.00 6 EA 83.UO 6 EA p83.00 2 EA 25.00 -2 tA 125.00 6 EA i125.00 6 EA $65.00 2 EA $65.00 4 tA" $125.00 4 EA $83.00 4 tA" -$415:00 . 58 EA $125.00 10 EA $125.00 2 tA -$65.M 1 EA. $ 840.00 $ Electrical-musco.XLS ---, -../ UNIT MAT'L LABOR COST MATERIAL TOTAL 74.70 $ 17.70 $ 53.10 $ 127.80 288.00 $ 99.50 $ 298.50 $ 586.50 288.00 $ 99.50 $ 298.50 $ 586.50 37.35 $ 17.15 $ 51.45 $ 88.80 50.40 $ 2.24 $ 6.72 $ 57.12 147.00 $ 0.46 $ 16.10 $ 163.10 3,200.00 $ 1,100.00 $ 1100.00 $ 4 300.00 $780.00 $ 231.24 $2,774.88 $3,554.88 $130.00 $ 331.24 $662.48 $792.48 $2, 7So_.IJO $ 142.71 :J;6,136.53 $8,931.53 _!1,105.00 $ 326.00 $5,542.00 $6,647.00 p166.00 $ 311.25 622.50 $788.50 p166.00 $ 423.75 p847.50 $1,013.50 p166.00 $ 226.79 453.58 $619.58 819.00 $ 244.40 $2,199.60 $3,018.60 637.00 $ 536.48 $3,755.36 $4,392.36 332.00 $ 86.00 $344.00 $676.00 249.UU $ 253.00 $759.00 $1,008.00 i845.00 $ 104.30 $1,355.90 $2,200.90 i130.(JO $ 375.00 $750.00 $880.00 $130.00 $ 562.00 $1,124.00 1,254.00 $1,001.00 $ 743.00 $8,173.00 9,174.00 i-498.00 $ 114.00 $684.00 1,182.00 500.00 $ 423.75 P1,695.00 2,195.00 625.00 $ 461.25 2,306.25 $2,931.25 375.00 $ 437.50 1,312.50 1,687.50 625.00 $ 625.00 p3,125.00 3,750.00 i260.00 $ 416.00 1,664.00 1,924.00' p498.00 $ 115.00 ~690.00 1,188.00 p498.00 $ 250.00 !li1 500.00 1,998.00 250.00 $ 162.00 1324.00 $574.00 ~250.00 $ 61.00 $122.00 $372.00 i750.00 $ 109.75 ~ 658.50 $1,408.50 390.00 $ 362.81 $2,176.86 $2,566.86 130.00 $ 63.27 $126.54 $256.54 ;5oo.oo s 552.00 $2,208.00 $2,708.00 332.00 $ 206.25 $825.00 $1,157.00 $1 660.00 $ 1,035.50 $4,142.00 $5,802.00 $7,250.00 $ 1,176.25 $68,222.50 $75.472.50 $1,250.00 $ 461.25 $4,612.50 $5,862.50 $130.00 $ 247.50 $495.00 l!i625.00 840.00 $ 2,000.00 $ 2,000.00 $ 2,840.00 Page2
0) 00 ....... ~------... -----+-------1-----·~ I I r-I I ITEM DESCRIPnON ! REFER Panel 800A MCB i I Panei400A MCB {42 ccts~ I Panel 225A MCB (42 ccts~ I I I CB20 1P I I CB 15A to 50A 2P I I CB 15A to 60A 3P i I CB70A3P I I CB 125A 3P I I CB300A3P I I CB 700A3P i I I I Main feeder I I Panel "A" feeder i I Panel "B" feeder I I Panei"C" feeder ; I I I i I Fire Alarm Detection System panel I Strobe/Hom i I Hom I I Strobe I I Pull Station I I Smoke Detector I I Heat Detector I I DuctSD I I Fire Alarm Soeaker I I Fire Alarm Interface Devices I Fire Alarm Wirlog i I Fire Alarm Svstem Programming I I I Ll!lhlning Protection I I Master TV Antenna I I ; I I J I I I I I I I I I I I I I ! I I I I I I I I I I I I r -·-------... I ' UNIT LABOR QTY UNIT COST 1 EA. $ 765.00 $ 1 EA. $ 355.00 $ 1 EA. $ 800.00 $ 48 EA. $ 33.50 $ 6 EA. $ 42.00 $ 2 EA. $ 54.00 $ 1 EA. $ 114.00 $ 1 EA. $ 105.00 $ 1 EA. $ 560.00 $ 1 EA. $ 620.00 $ 270 $ 40.68 $ 5 LF. $ 2.31 $ 15 LF. $ 3.10 $ 20 LF. $ 1.97 $ 1 EA. $ 670.00 $ 4 EA. $ 76.00 $ 3 EA. $ 50.00 $ 4 EA. $ 60.00 $ 3 EA. $ 55.00 $ 4 EA. $ 67.00 $ 2 EA. $ 67.00 $ 1 EA. $ 125.00 $ EA. $ 55.00 $ 3 S.F. $ 45.30 $ 1000 L.F. $ 0.20 $ 1 EA. $ 1,500.00 $ $ 1 LS $ 2000.00 $ 1 LS $ 1 000.00 $ Bectrlcal-musco.XLS UNIT MAT'L LABOR COST MATERIAL TOTAL 765.00 $ 1,900.00 $ 1,900.00 $ 2,665.00 355.00 $ 1,500.00 $ 1,500.00 $ 1,855.00 800.00 $ 635.00 $ 635.00 $ 1,435.00 1,608.00 $ 13.00 $ 624.00 $ 2,232.00 252.00 $ 28.50 $ 171.00 $ 423.00 108.00 $ 90.50 $ 181.00 $ 289.00 114.00 $ 67.00 $ 67.00 $ 181.00 105.00 $ 635.00 $ 635.00 $ 740.00 560.00 $ 1,525.00 $ 1,525.00 $ 2,085.00 620.00 $ 1,825.00 $ 1,825.00 $ 2,445.00 10,983.60 $ 63.30 $ 17,091.00 $ 28,074.60 11.55 $ 6.70 $ 33.50 $ 45.05 46.50 $ 6.80 $ 102.00. $ 148.50 39.40 $ 4.22 $ 84.40 $ 123.80 670.00 $ 1,400.00 $ 1,400.00 $ 2,070.00 304.00 $ 95.00 $ 380.00 $ 684.00 150.00 $ 36.50 $ 109.50· $ 259.50 240.00 $ 48.00 $ 192.00 $ 432.00 165.00 $ 68.00 $ 204.00 . $ 369.00 268.00 $ 150.00 $ 600.00 $ 868.00 134.00 $ 150.00 $ 300.00 $ 434.00 125.00 $ 285.00 $ 285.00 $ 410.00 -$ 68.00 $ -$ -135.90 $ 275.04 $ 825.12 $ 961.02 200.00 $ 0.10 $ 100.00 $ 300.00 1 500.00 $ -$ -$ 1,500.00 -2,000.00 $ 2,000.00 $ 2,000.00 $ 4000.00 1 000.00 $ 500.00 $ 500.00 $ 1,500.00 ' I I Page3
0) 00 00 :-·, c: •j• -··--·-·--I I I I I I I I I I I I 1:J;Ill.:OOl£111t1'Ht WA PrQiect No. : 2801000 I ! I File Identification : Wolfberg Alvl!lr&Z & Partners Estimated by : Richard Nodarse ~-I Checked by : Richard Nodarse ! ' Flamlnao Park I Tennis Center ! Miami Beach, Flori,da Project Name : I ITEM !DESCRIPTION Dlv.16IE1ectrical DEMOLITION ! Site Ughtpoles (lnclu_!llng ~ase) Equipment i Panels lin-grade pull boxes Div.161Eiectrlcal New work #12 wire #Swire #10wire 3/4"C. #Swire 1-1/4"C. 1"C. Receptacle WP cover Receptacle GFI Receptacle Disc. SW. 60A. 2P UF \' .... ~ . ./ WOLFBERG ALVAREZ AND PARTNERS 1500 San Remo Avenue-Suite 300 Coral Gables, Florida 33146 Estimate of Probable Construction Cost Electrical Construction Documents Gross Area (air conditioned area: 4,703; + 112 outdoor terraces: 2,239) Unit Cost Per Sq. Ft. $31.35 Project Total Cost Per Sq. Ft. Pro_lect Totals Local Area Adjustment Contill!le~ Taxes, Etc. Overhead & Profit Miscellaneous Total Cost REFER QTY I UNIT 33 EA $ 33 EA $ 5 EA $ 7 EA $ 15,267 LF $ 738 LF $ 436 LF $ 5,065 LF $ 800 LF $ 200 LF $ 223 LF $ 18 EA $ 29 EA $ 24 EA $ 3 EA $ Electrlcal-shoebox.XLS $ 1.00 I$ UNIT LABOR COST 0%1$ 7.0% 20% 500.00 I$ 100.00 I$ 151.00 I$ 100.00 I$ 0.261$ 0.421$ 0.341$ 2.581$ 0.521$ 3.361$ 2.921$ 5.60 I$ 31.50 I$ 12.451 $ 146.00 I $ LABOR 217,641.80 217,641.80 I $ LABOR 16,500.00 3,300.00 755.00 700.00 3,969.42( $ 309.961$ 146.06 I$ 13,067.70 I $ 412.00 I$ 672.00 I$ 651.16 I$ 1oo.ao I$ 913.50 I$ 298.80 I$ 438.00 I$ \ ' ..... · Date 01/15/10 6,942 Sq. Ft. $64.26' $95.61 $120.13 MATERIAL TOTAL $ 446,074.62 $ 663,716.42 1.001$ 446,074.62 $ 663,716.42 $ -$ 663,716.42 $ 31,225.22 $ 694,941.64 $ 138,988.33 $ 833,929.97 $ -$ 833,929.97 UNIT MAT'L COST I MATERIAL TOTAL $ -$ 16,500.00 $ -$ 3,300.00 $ -$ 755.00 $ -$ 700.00 0.04 $ 648.85 $ 4,618.27 0.20 $ 145.39 $ 455.35 0.11 $ 47.74 $ 193.80 0.98 $ ~.963.70 $ 18,031.40 0.33 $ 260.00 $ 672.00 2.67 $ 534.00 $ 1,206.00 1.74 $ 388.02 $ 1,039.18 27.00 $ 486.00 $ 586.80 8.85 $ 256.65 $ 1,170.15 8.85 $ 212.40 $ 511.20 271.00 $ 813.00· $ 1,251.00 Page1
0) 00 (Q ITEM /~ \__, ~--r-I I l l DESCRIPnON I I Recep!acle quad i I Disc. SW. 30A. 2P UF i I Disc. SW. 30A.1P UF i I Motor rated SW WP ! ! Junction box 4" I ! Receptacle wall plate I I Equipment Connections I I I t Light fixtures I I :A I iA1 I iB I iB1 I IC I iC1 I ID I 'E I iE1 I iF I IF1 I IG I HiALT3 I H1ALT3 I IJ I IK I IL I IM I IN I IN1 I !R I !S I IT I !U I I IV I iW I iXE I iY I :z I !BB I iCC I iDD I lEE I IW I ' I ! Panei1000A MCB i I ... ----··---·-------------------------------------------.~· ......... ' .. _./ ··' UNIT UNIT LABOR MAT'L REFER QTY UNIT COST LABOR COST MATERIAL TOTAL 3 EA $ 24.90 $ 74.70 $ 17.70 $ 53.10 $ 127.80 3 EA $ 96.00 $ 288.00 $ 99.50 $ 298.50 $ 586.50 3 EA $ 96.00 $ 288.00 $ 99.50 $ 298.50 $ 586.50 3 EA $ 12.45 $ 37.35 $ 17.15 $ 51.45 $ 88.80 3 EA $ 16.80 $ 50.40 $ 2.24 $ 6.72 $ 57.12 35 EA $ 4.20 $ 147.00 $ 0.46 $ 16.10 $ 163.10 1 LS $ 3,200.00 $ 3,200.00 $ 1,100.00 $ 1100.00 $ 4,300.00 12 I::A $65.00 $760.00 $ 231.24 $2,774.88 $3,554.88 2 t::A $65.00 $130.00 $ 331.24 :ji662.48 $792.48 43 _f:A ~§_.00 $2, 79b.lJO $ 142.71 $6,136.53 $8,831.53 17 EA 65.00 _!1,105.00 $ 326.00 $5,542.00 $6,647.00 2 EA 83.00 i166.00 $ 311.25 1i622.50 $788.50 2 I::A $83.(.)()_ i16(:!.00 $ 423.75 ~847.50 $1,013.50 2 EA $83.00 i166.00 $ 226.79 453.o8 $619.58 9 EA :PS1.00 819.00 $ 244.40 $2,199.60 $3,018.60 7 -~ }91.00 637.00 $ 536.48 $3,755.36 $4,392.36 4 _EA $83.00 332.00 $ 86.00 $344.00 $676.00 3 EA $83.00 i~O $ 253.00 $759.00 ~1,008.00 13 J::A $65.00 i845.00 $ 104.30 $1,355.90 $2,200.90 2 EA $65.00 i13Q,()Q_ $ 375.00 $750.00 $880.00 2 EA $65.00 i130.00 $ 562.00 $1,124.00 11_,254.00 11 EA lt91.00 $' ,001.00_ $ 743.00 $8,173.00 9,174.00 6 EA $83.00 $498.00 $ 114.00 $684.00 1,]82.00 4 I::A ~25-90 $500.00 $ 423.75 1,695.00-2,195.00 5 EA $125.00 $625.00 $ 461.25 2,306.25: 2,931.25 _3 EA $125.00 ~375.00 $ 437.50 ~1,312.50 1,687.50 5 EA $125.00 ~625.00 $ 625.00 p3,125.00 3,750.00 4 EA $65.00 260.00 $ 416.00 $1,664.00• )1,924.00 6 EA :ji83.00 498.00 $ 115.00 $690.00 1,188.00 6 EA lli63.00 i498.00 $ 250.00 $1,500.00 i1,998.00 2 EA $125.00 250.00 $ 162.00 $324.00 :jj574.00 2 EA $125.00 ,250.00 $ 61.00 $122.00 ~72.00 6 I::A $125.00 75(.).00 $ 109.75 $658.50• $1,408.50 6 EA $65.00 i390.00 $ 362.81 $2,176.86: $2,566.86 I 2 -~ ~65.00 pl).OO $ 63.27 $126.54 $256.54_ 4 EA $125.00 i500.00 $ 552.00 $2,208.oo· $2,708.00 4 EA :1183.00 1332.00 $ 206.25 $625.00 :!i1rJ57.00 I 4 EA $415.00 ~1.§60.00 $ 1,035.50 $4,142.00 $5,802.00 58 EA $125.00 $7,250.00 $ 1,176.25 $68,222.50. $75,472.50 10 EA $125.00 Ji1,25Q,OO $ 461.25 _$4,612.5()_ $5,B62.Q_O 2 EA $65.00 $130.00 $ 247.50 $495.oo· $625.00 ' 1 EA. $ 640.00 $ 840.00 $ 2,000.00 $ 2,000.00; $ 2,840.00 Electrlcal-shoebox.XLS Page2
0) (Q 0 ITEM '_ i --l-_T __ _ ./. ,,. I C. I I I DESCRIPTION ! I Panel 800A MCB ' I ' Pane1400A MCB (42 eels)' I Panei225A MCB (42 ccts)i I I I CB 20 1P ! I CB 15A to 50A 2P i I CB 15A to 60A 3P I I CB70A3P I ! CB 125A 3P i I CB 300A 3P i I CB 700A3P j I i I Main feeder I I I Panel "A" feeder i I Panel "B" feeder I I Panel "C" feeder I I l I I i Fire Alarm Detection System _p_anel I Strobe/Hom ; I I Horn i I Strobe I I Pull Station I I Smoke Detector I I Heat Detector I I DuctSD I I Fire Alarm Speaker : I Fire Alarm Interface Devices I Fire Alarm WirinA ! I Fire Alarm Svstem ProQramming I i I Lightning Protection I I Master TV Antenna I i I I SHOEBOX I I Contactors 30A 3p ! I 600A 42 Circuits 'Panelboard I I I I Liahtlna I I 1000W MH Liaht Fixture I I Pole 22' high + base I I I I Conduit & Wlrina I I Pull Box I I I I I L ,•r .._, REFER QTY UNIT 1 EA. $ 1 EA. $ 1 EA. $ 48 EA. $ 6 EA. $ 2 EA. $ 1 EA. $ 1 EA. $ 1 EA. $ 1 EA. $ 270 $ 5 LF. $ 15 LF. $ 20 LF. $ 1 EA. $ 4 EA. $ 3 EA. $ 4 EA. $ 3 EA. $ 4 EA. $ 2 EA. $ 1 EA. $ EA. $ 3 S.F. $ 1000 L.F. $ 1 EA. $ 1 LS $ 1 LS $ 34 E.A. $ 2 EA $ 136 EA. $ 57 EA. $ 12,500 LF $ 84 EA $ Eleclrical-shoebox.XLS / UNIT UNIT LABOR MAT'L COST LABOR COST MATERIAL TOTAL 765.00 $ 765.00 $ 1,900.00 $ 1 900.00 $ 2,665.00 355.00 $ 355.00 $ 1,500.00 $ 1,500.00 $ 1,855.00 800.00 $ 800.00 $ 635.00 $ 635.00 $ 1,435.00 33.50 $ 1,608.00 $ 13.00 $ 624.00 $ 2,232.00 42.00 $ 252.00 $ 28.50 $ 171.00 $ 423.00 54.00 $ 108.00 $ 90.50 $ 181.00 $ 289.00 114.00 $ 114.00 $ 67.00 $ 67.00 $ 181.00 105.00 $ 105.00 $ 635.00 $ 635.00 $ 740.00 560.00 $ 560.00 $ 1,525.00 $ 1,525.00 $ 2,085.00 620.00 $ 620.00 $ 1,825.00 $ 1,825.00 $ 2,445.00 40.68 $ 10,983.60 $ 63.30 $ 17,091.00 $ 28,074.60 2.31 $ 11.55 $ 6.70 $ 33.50 $ 45.05 3.10 $ 46.50 $ 6.80 $ 102.00 $ 148.50 1.97 $ 39.40 $ 4.22 $ 84.40 $ 123.80 670.00 $ 670.00 $ 1,400.00 $ 1,400.00 $ 2,070.00 76.00 $ 304.00 $ 95.00 $ 380.00 $ 684.00 50.00 $ 150.00 $ 36.50 $ 109.50 $ 259.50 60,00 $ 240.00 $ 48.00 $ 192.00 $ 432.00 55.00 $ 165.00 $ 68.00 $ 204.00 $ 369.00 67.00 $ 268.00 $ 150.00 $ 600.00 $ 868.00 67.00 $ 134.00 $ 150.00 $ 300.00 $ 434.00 125.00 $ 125.00 $ 285.00 $ 285.00 $ 410.00 55.00 $ -$ 68.00 $ -$ -45.30 $ 135.90 $ 275.04 $ 825.12 $ 961.02 0.20 $ 200.00 $ 0.10 $ 100.00 $ 300.00 1,500.00 $ 1 500.00 $ -$ -$ 1,500.00 $ -2,000.00 $ 2000.00 $ 2,000.00 $ 2,000.00 $ 4,000.00 1 000.00 $ 1 000.00 $ 500.00 $ 500.00 $ 1,500.00 250.00 $ 8 500.00 $ 740.00 $ 25,160.00 $ 33 660.00 1.675.00 $ 3 350.00 $ 3 675.00 $ 7 350.00 $ 10,700.00 150.00 $ 20400.00 $ 1100.00 $ 149 600.00· $ 170,000.00 475.00 $ 27,075.00 $ 900.00 $ 51,300.00· $ 78,375.00 I I 4.43 $ 65375.00 $ 2.25 $ 28125.00 $ 83,500.00 I 75.00 $ 6,300.00 $ 75.00 $ 6,300.00 $ 12 600.00 ~tt,f7S" I Page3
ce
COMMISSION ITEM SUMMARY
Condensed Title:
Resolution-Directing that an Application for a Sidewalk Cafe Permit for the Drexel Avenue and 16th
Street Sidewalks In Front of the Retail Spaces of the Park@ 420 Garage, Located at the Corner of
16th Street & Drexel Ave., Be Sent to the Land Use And Development Committee (LUDC) for Review
and Approval.
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 lift the stay on the approval of sidewalk cafes at the 420 Garage building
and require that the proposed sidewalk cafe at the Park @ 420 Garage be sent to the Land Use and
Development Committee for review and approval?
Item Summa_ry/Recommendation:
This matter arose at the October 19, 2011 Commission Meeting, during the approval of a revocable
permit for an awning for 420 Lincoln Road Development Group, owner of Lincoln East Garage located
at 420 Lincoln Road. During the public hearing, Mr. Adam Shedroff voiced concerns about a potential
sidewalk cafe and its impact on the surrounding residential neighborhood. In response to Mr.
Shedroff's concerns, the Commission placed a stay on any sidewalk cafe approvals pending a referral
to the Land Use and Development Committee (LUDC).
The issues was discussed at subsequent meetings of the LUDC and by the parties involved with
assistance from the Planning Department. A consensus between the parties could not be arrived at,
and on February 15, 2012 the LUDC resolved the matter by deciding to lift the stay on the proposed
sidewalk cafe, subject to the actual sidewalk cafe application for the property being presented to the
Land Use Committee for final review and approval.
The Administration recognizes the need to balance compatibility of sidewalk cafes located near
residential areas with continuing to encourage economic growth and vitality by permitting sidewalk
cafes in commercial areas. To require this one particular sidewalk cafe application to be subject to the
approval of the LUDC would be unfairly singling out one property, and subjecting it to requirements
that are not imposed upon any other similar commercial property in the City.
Based on the above, it is recommended to lift the stay on the approval of sidewalk cafes at the 420
Garage building, further advise the Administration as to the level of restriction and conditions that it
would deem appropriate, and instruct the Administration to handle the proposed sidewalk cafe
application with those criteria.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount Account
Funds: 1
D 2
3
OBPI Total
Financial Impact Summary:
N/A
RID
691 DATE 3-JI-t'L
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 ':\ r"~
March 21, 2012 U
RESOLUTION -DIRECTING THAT AN APPLICATION FOR A
SIDEWALK CAFE PERMIT FOR THE DREXEL AVENUE AND 16TH
STREET SIDEWALKS IN FRONT OF THE RETAIL SPACES OF THE
PARK@ 420 GARAGE, LOCATED AT THE CORNER OF 16TH STREET
& DREXEL AVE., BE SENT TO THE LAND USE AND DEVELOPMENT
COMMITTEE (LUDC) FOR REVIEW AND APPROVAL.
ADMINISTRATION RECOMMENDATION
Lift the stay on the approval of sidewalk cafes at the 420 Garage building, advise the
Administration as to the level of restriction and conditions that it would deem appropriate,
and instruct the Administration to handle the proposed sidewalk cafe application with
those criteria.
BACKGROUND
At the October 19, 2011 Commission Meeting, the Mayor and the City Commission
granted a revocable permit for 420 Lincoln Road Development Group, owner of Lincoln
East Garage located at 420 Lincoln Road for mid-tension, removable HPDE metal mesh
that extends approximately five feet six inches (5'-6") over and into the public Right-of-
Way on 161h street and Drexel Avenue.
During the public hearing, Mr. Adam Shedroff spoke about his concern that the
developer would request a sidewalk cafe permit and its impact on the surrounding
residential neighborhood. In response to Mr. Shedroff's concerns, a motion was made
by commissioner Libbin to approve the revocable permit and place a stay on any
sidewalk cafe approvals pending a referral to the Land Use and Development
Committee.
On January 18, 2012 the Land Use and Development Committee discussed this issue.
The attorney for the 420 Lincoln Road property and Mr. Adam Shedroff addressed the
Committee and discussed several issues related to the operation of sidewalk cafes at
this property. The Committee instructed that both parties meet and attempt to reach
consensus before February 8, 2012. If consensus cannot be reached, then the matter
was to be brought back to LUDC.
On February 2, 2012, the Administration and staff from the Planning Department met
with representatives of the 420 Lincoln Road property and Mr. Shedroff and his
representative. After a discussion of the various issues, the attorney for 420 Lincoln
Road proffered certain operational limitations on any sidewalk cafe that would be
licensed. Mr. Shedroff requested time to consider the proposed limitations. On February
692
420 Building Sidewalk Cafe to LUDC for Approval
March 21, 2012 Page2
7, 2012 Mr. Shedroff communicated to all parties that he wanted to continue discussing
the proposed conditions.
On February 15, 2012 the Land Use and Development Committee again took up the
issue. Jorge Gomez briefed the Committee on the meeting held between the property
owner's representatives and Mr. Shedroff, the issues discussed, and the lack of
consensus between the two parties. Additional public testimony was heard, and further
discussion by the Committee centered upon attempting to balance the issue of sidewalk
cafes near residential areas with the fact that this is commercial zoning and no other
commercial area is limited in a similar manner. The Committee resolved the matter by
deciding to lift the stay on the proposed sidewalk cafe, subject to the actual sidewalk
cafe application for the property being presented to the Land Use Committee for final
review and approval.
ANALYSIS
The Administration applauds both the Land Use and Development Committee as well as
City staff for striving to balance the issue of compatibility of sidewalk cafes which are
located near residential areas against the similarly important need to continue to
encourage economic growth and vitality by providing a unique environment for relaxation
and food and beverage consumption in the City's Commercial areas. It would be wise
for the City to accept the property owner's voluntary proffer of limiting the location,
intensity and hours of any proposed sidewalk cafe operation at the 420 Garage site, as
these concessions should help to ensure that there is no negative impact of the sidewalk
cafe upon nearby residential properties.
However, the Administration does not recommend the proposal of the Land Use and
Development Committee that the sidewalk cafe application be submitted to the
Committee for review and approval. The procedures and criteria for approval of
sidewalk cafe applications by the City is specified by the City's Sidewalk Cafe
Ordinance, as delineated in Chapter 82, Article IV, Division 5 of the City Code. To
require that this one particular sidewalk cafe application should be subject to the
approval of the Land Use and Development Committee would be unfairly singling out
one property, and subjecting it to requirements that are not imposed upon any other
similar commercial property in the City. Rather, the Administration would suggest that
the Commission advise the Administration as to the parameters and restrictions that it
feels would be appropriate for a proposed sidewalk cafe at the subject location, and then
permit the Administration to handle the approval of such an application with the
understanding that such conditions as are deemed appropriate are applied.
CONCLUSION
Based on the above, it is recommended to lift the stay on the approval of sidewalk cafes
at the 420 Garage building, advise the Administration as to the level of restriction and
conditions that it would deem appropriate, and instruct the Administration to handle the
proposed sidewalk cafe application with those criteria.
R&-L
JMG/JGG/RGL
T:\AGENDA\2012\3-21-12\reso memo for LUDC review of sidewalk cafe.docx
693
(9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachR.gov
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: Land Use and Development Committee
FROM: Jorge M. Gonzalez, City Manager ~~ .JI.\•
DATE: February 15, 2012
SUBJECT: DISCUSSION REGARDING SIDEWALK CAFE PERMITS ON THE DREXEL
AVENUE AND 16TH STREET SIDEWALKS IN FRONT OF THE RETAIL
SPACES OF THE PARK@ 420 GARAGE, LOCATED AT THE CORNER OF
16TH STREET & DREXEL AVE.
BACKGROUND
At the October 19, 2011 Commission Meeting, the Mayor and the City Commission
granted a revocable permit for 420 Lincoln Road Development Group, owner of Lincoln
East Garage located at 420 Lincoln Road for mid-tension, removable HPDE metal mesh
that extends approximately five feet six inches (5'-6") over and into the public Right-of-
Way on 16th street and Drexel Avenue.
During the public hearing, Mr. Adam Shedroff spoke about his concern that the
developer would request a sidewalk cafe permit and its impact on the surrounding
residential neighborhood. In response to Mr. Shedroffs concerns, a motion was made
by commissioner Libbin to approve the revocable permit and place a stay on any
sidewalk cafe approvals pending a referral to the Land Use and Development
Committee.
CONCLUSION
On January 18, 2012 the Land Use and Development Committee discussed this issue.
The attorney for the 420 Lincoln Road property and Mr. Adam Shedroff addressed the
Committee and discussed several issues related to the operation of sidewalk cafes at
this property. The Committee instructed that both parties meet and attempt to reach
consensus before February 8, 2012. If consensus cannot be reached, then the matter
was to be brought back to LUDC.
On February 2, 2012, the Administration and staff from the Planning Department met
with representatives of the 420 Lincoln Road property and Mr. Shedroff and his
representative. After a discussion of the various issues, the attorney for 420 Lincoln
Road proffered certain operational limitations on any sidewalk cafe that would be
licensed. Mr. Shedroff requested time to consider the proposed limitations. On February
7, 2012 Mr. Shedroff communicated to all parties that he wanted to continue discussing
the proposed conditions.
As consensus was not reached by February 8, 2012, as instructed by the LUDC, we
have placed this item on this agenda for further consideration and direction on this issue.
JMG/JGG
M:\$CMB\CCUPDATES\Land Use and Development Commlttee\2012\February\420 Lincoln Road Land Use memo.docx
LUDC #59
694
RESOLUTION NO. ____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, DIRECTING THAT AN
APPLICATION FOR A SIDEWALK CAFE PERMIT FOR THE DREXEL
AVENUE AND 16TH STREET SIDEWALKS IN FRONT OF THE RETAIL
SPACES OF THE PARK @ 420 GARAGE, LOCATED AT THE
CORNER OF 16TH STREET & DREXEL AVE., BE SENT TO THE
LAND USE AND DEVELOPMENT COMMITTEE (LUDC) FOR REVIEW
AND APPROVAL
WHEREAS, at the October 19, 2011 Commission Meeting, the Mayor and the City
Commission granted a revocable permit for 420 Lincoln Road Development Group, owner of Lincoln
East Garage located at 420 Lincoln Road for mid-tension, removable HPDE metal mesh that extends
approximately five feet six inches (5'-6") over and into the public Right-of-Way on 16th street and
Drexel Avenue; and
WHEREAS, during that public hearing, a nearby resident, Mr. Adam Shedroff, spoke about his
concern that the developer would request a sidewalk cafe permit and its impact on the surrounding
residential neighborhood; and ·
WHEREAS, in response to Mr. Shedroff's concerns, the Commission voted to approve the
revocable permit and place a stay on any sidewalk cafe approvals pending a referral to the Land Use
and Development Committee (LUDC) ; and
WHEREAS, after a meeting of the LUDC on January 18, 2012 at which the issue was
discussed, and a meeting of City staff with representatives of the 420 Lincoln Road property and Mr.
Shedroff and his representative on February 2, 2012 at which the parties failed to reach consensus,
on February 15, 2012 the LUDC resolved the matter by deciding to lift the stay on the proposed
sidewalk cafe, subject to the actual sidewalk cafe application for the property being presented to the
Land Use Committee for final review and approval; and
WHEREAS, it is the stated policy of the City Commission that actions taken by their
Committees must first be ratified by the full Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that a proposed Sidewalk Cafe Permit application for the use of
the sidewalks in front of the retail spaces at the Park @ 420 Garage, located at the corner of 16th
Street and Drexel Avenue, shall be sent to the Land Use and Development Committee (LUDC) for
review and approval.
PASSED and ADOPTED this __ day of , 2012.
ATTEST:
CITY CLERK
T:\AGENDA\2012\3-21-12\Reso for LUDC review of sidewalk cafe rev. oc
695
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
7h3 Jn.-
1 Date
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696
R7 -Resolutions
R7E A Resolution Pertaining To That Certain City Construction Project Referred To As The
"Biscayne Point Neighborhood Right-Of-Way Improvements Project" (The Project) And,
With Respect To Such Project, Pursuant To The Authorization Granted To The City
Manager Via Resolution No. 2011-27809 To Take Certain Actions To Procure The
Necessary Emergency Design And Construction Services Pursuant To A Negotiated
Design-Build Contract The City Manager Has Taken The Following Actions: 1) Prepared
A Design Criteria Package (DCP) Through The City's Public Works Department (PWD);
2) Negotiated A Design-Build Contract With A Guaranteed Maximum Price (GMP) With
The Firm Of David Mancini & Sons, Inc. (DMSI), In The Amount Of $X,XXX,XXX, Which
Includes The Remaining Water, Stormwater, Landscape And Streetscape Improvements
For The Original Contract, Additional Scope Of Work Requested By The City's Public
Works Department (PWD), And The Residents Of The Biscayne Point Neighborhood,
And Assumed Contractor Risk Associated With A Typical Design-Build Contract; 3)
Negotiated A Settlement Agreement With DMSI In The Amount Of $X,XXX,XXX, Which
Includes Payment For Work Performed As Part Of The Original Contract, Through The
Settlement Date Of XXXXXX, 2012, Payment For Approved Change Orders And Credits
Executed As Of The Date Of The Settlement Agreement Execution, And Compensation
For Delays And Claims Resulting From Deficiencies In The Original Construction
Documents; Where The Combined Sum Of The Negotiated Design-Build GMP And The
Negotiated Settlement Agreement Amount Is $XX,XXX,XXX, Which Is Greater Than The
Not-To-Exceed Amount Of $11,998,535, Previously Approved By The City Commission
Via Resolution No. 2011-27809, But Necessary To Incorporate The Additional Scope Of
Work, And Compensation For Delays And Claims; And Requests Approval From The
Mayor And City Commission For The Increased Amount And Approval For An Increase
To The Project Professional Services Budget, In The Amount Of $X,XXX,XXX, For
Supplementary Architectural/Engineering (AlE) Professional Services; With Previously
Appropriated Funding In The Amount Of $2,335,674; And Further Appropriating
$XXX,XXX From General Obligation Bond Fund XXX, $XXX,XXX From Water And
Sewer Bond Fund Xxx, And $XXX,XXX From Fund XXX, Stormwater Projects Line Of
Credit, With Such Funds To Be Repaid From Future Stormwater Bonds.
(Capital Improvement Projects Office)
(Memorandum to be Submitted in Supplemental)
697
• Agenda Item R 7 E-
Date 3 -21-12-
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698
R7 -Resolutions
R7F A Resolution Consenting To And Confirming The Appointment Of The New Fire
Department Chief For The City Of Miami Beach.
(Human Resources)
(Memorandum to be Submitted in Supplemental)
699
: Agenda Item !< 7 F
Date 3-;?f--/~
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700
R7 -Resolutions
R?G A Resolution Consenting To And Confirming The Appointment Of The New Police
Department Chief For The City Of Miami Beach.
(Human Resources)
(Memorandum to be Submitted in Supplemental)
Agenda Item R7 G-
701
Date 6-21-I 2-
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702
R9
NEW BUSINESS
AND
COMMISSION REQUESTS
703
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov
OFFICE OF THE CITY CLERK, Robert Parcher, City Clerk
Tel: (305) 673-7 411, Fox: (305) 673-7254
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Commission
From:
Date:
Subject:
Jorge M. Gonzalez, City Manager
March 21, 2012
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: TOTALVAC PAGE
Affordable Housing Advisory
Committee
Capital Improvements Projects
Oversight Committee
Committee on the Homeless
Community Development Advisory
Committee
Community Relations Board
11
9
9
14
17
City Commission 1 Page 1
City Commission 1 Page 6
Mayor Matti Herrera Bower 1
Commissioner Deede Weithorn 1 Page 10
Commissioner Michael G6ngora 1
Commissioner Deede Weithorn 1 Page 11
Commissioner Michael G6ngora 1
Commissioner Michael G6ngora 1 Page 13
Jorge M. Gonzalez, City Manager 2
:Agenda ltem_1?.L.J-LCf..J...A.L....-._
We are committed to providing excellent public service and safety to all who live, work and play ill Date_..::::3~-...:2/=:L.....--...t../....:L::::__
705
VACANCIES
BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE
Design Review Board
Fine Arts Board
Hispanic Affairs Committee
Historic Preservation Board
Marine Authority
Miami Beach Commission For
Women
Miami Beach Cultural Arts Council
Miami Beach Human Rights
Committee
Miami Beach Sister Cities Program
Parks and Recreational Facilities
Board
Personnel Board
Planning Board
7 City Commission 2 Page 17
14 Commissioner Deede Weithorn 1 Page 20
7
7
7
21
9
5
24
10
10
7
Commissioner Michael G6ngora 1
Mayor Matti Herrera Bower
City Commission
Mayor Matti Herrera Bower
Commissioner Ed Tobin
Commissioner Michael G6ngora
City Commission
Mayor Matti Herrera Bower
Mayor Matti Herrera Bower
Commissioner Michael G6ngora
City Commission
City Commission
706
1 Page 26
1 Page 27
1
1
1
1
1
8
1
1
1
VACANCIES
BOARD OR COMMITTEE: TOTALMBRS. APPOINTED BY: TOTALVAC PAGE
Police Citizens Relations Committee
Production Industry Council
Safety Committee
Single Family Residential Review
Panel
Sustainability Committee
17
7
14
3
7
Commissioner Deede Weithorn
Commissioner Michael G6ngora
Mayor Matti Herrera Bower
Commissioner Ed Tobin
Jorge M. Gonzalez, City Manager
Commissioner Deede Weithorn
Attached is breakdown by Commissioner or City Commission:
JMG:REP/Ig
707
1
1
1
1
3
1
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708
MIAMI BEACH
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 y_ ,yv ~
March 21,2012 l)
SUBJECT: BOARD AND COMMITTEE APPOINTMENTS -CITY COMMISSION APPOINTMENTS
ADMINISTRATION RECOMMENDATION
Make appointments as indicated.
BOARDS AND COMMITTEES
1. Affordable Housing Advisory Committee
2. Capital Improvements Projects Oversight Committee
3. Design Review Board
4. Historic Preservation Board
5. Miami Beach Cultural Arts Council
6. Personnel Board
7. Planning Board
JMG/REP
Agenda Item R9A f
F:\CLER\$ALL\MARIA-M\B & C\Commission Memo B & C FOR 03-21-12.doc Date 9 -JI-lL
709
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
Vacancy:
Members:
Name
Amy
Arian
David
Guy
Jeremy
Juan
Mark
Muayad
Robert
Stephanie
Applicants
Andrew Fischer
Karen Fryd
To replace
Jonathan Fryd
Last Name
Perry
Adorno
Smith
Simani
Glazer
Rojas
Wohl
Abbas
Saland
Berman
(8) Local Plann. Bd.
Position/Title
----··---····--··-··-~-·-··-------·-
(11) Rep. Essential Serv.
(9) Res. Juris Local Govt
(3) Rep. Labor Home Bid.
(10) Rep. Empl. With/Juris.
(4) Low-Income Adv
(2) Banking/Mortgage
(7) Real Estate Prof.
(5) For Profit
(1) Res. Home Bldg.
(6) Not for Profit
Position/Title
12/31/2012 City Commission
Term Ends: Appointed by: Term Limit:
-·-----------
12/31/2013 City Commission 12/31/17
12/31/2013 City Commission 12/31/17
12/31/2012 City Commission 12/31/14
12/31/2013 City Commission 12/31/17
12/31/2013 City Commission 12/31/17
12/31/2012 City Commission 12/31/16
12/31/2013 City Commission 12/31/17
12/31/2012 City Commission 12/31/17
12/31/2012 City Commission 12/31/14
12/31/2012 City Commission 12/31/14
Applicants Position/Title
Dr. Barry Ragone
Marie Towers
-------.--l'li"'I'\U~-·~~._......._~,._«........, _________ , _ _, __ ,. _____ . ·--~-,.......,-
Monday, March 12, 2012 Page 1 of 51
710
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
Vacancy:
To replace Richard (C5) Engineer 12/31/2012 City Commission
(Rick) Kendle
To replace Saul (1) Mayor Designee 12/31/2013 Mayor Matti Herrera Bower
Gross
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
-~·--·-··-···----·---------· -·--··--·-·----····-····---·---·------------
Brian Ehrlich (C3) Developer 12/31/2013 City Commission 12/31/14
Christina Cuervo (C5) Developer 12/31/2013 City Commission 12/31/13
Dwight Kraai (2) Engineer 12/31/2012 City Commission 12/31/13
Eleanor Carney (C4) At-large 12/31/2013 City Commission 12/31/15
Elizabeth Camargo (C2) Architect 12/31/2013 City Commission 12/31/13
Stacy Kilroy (C3) ConsUGen Contrac 12/31/2012 City Commission 12/31/13
Tony Trujillo (C4) Cap.Budg/Finance 12/31/2012 City Commission 12/31/16
Applicants Positionffitle Applicants Positionffitle -----~"" ,-Monday, March 12, 2012 Page 6 of 51 (Continued ....
711
Board and Committees Current Members
Annsheila Turkel
Christian Folland
Gerhard Rima
Jacobs Jacobs
Jason Green
Michael Laas
Ronald Starkman
Cheryl Jacobs
Dominique Bailleul
lvette Isabel Borrello
James Lloyd
Josh Gimelstein
Rima Gerhard
---~··· OUOM_, ___ , _ _.~--·----------------~---~~--Monday, March 12,2012 Page 7 of 51
712
Board and Committees Current Members
Design Review Board
Composition:
Two {2) year term.
Appointed by a minimum of 4 votes.
Seven (7) regular members and two {2) ex-officio members.
The seven (7) regular members shall consist of:
two (2) registered architects,
Sec. 118.71
one {1) registered architect or a member of the faculty of a school of architecture, urban planning or
urban design in the state, with practical or academic expertise in the field of design, planning, historic
preservation or the history of architecture, or a professional architectural designer or professional
urban planner
one (1) registered landscape architect,
one (1) registered architect, professional designer or professional urban planner,
and two {2) citizens at-large.
One person appointed by the City Manager from an eligibility list provided by the Disability Access
Committee shall serve in an advisory capacity with no voting authority. The Planning Director, or
designee and the City Attorney or designee shall serve in an advisory capacity.
Residency and place of business in the county. The two (2) citizen-at-large members and one of the
registered landscape architects, registered architects, professional designer or professional urban
planners shall be residents of the city.
City Liaison: Thomas Mooney
Vacancy:
Members:
Name
To replace Thomas Registered Architect
DeLuca
To replace Michael Urban Planner
La as
Last Name Position/Title
12/31/2013 City Commission
12/31/2012 City Commission
Term Ends: Appointed by: Term Limit:
----·-----------------------------·~-
Carol
Jason
Lilia
Manuel
Seraj
Gary Held
Richard Lorber
Vacant
Applicants
Housen
Hagopian
Medina
Minagori
Saba
At-large
Registered Architect
Urban Planner
At-large
Landscape Architect
advisory/City Attorney. Designee
advisory/Acting Planning Director
ex-officio/Disability Access Committee
Position/Title
Alexander Annunziato
Britta Hanson
Daniel Garcia
Elsa Urquiza
Gilbert Squires
Jane Gross
12/31/2012 City Commission
12/31/2013 City Commission
12/31/2012 City Commission
12/31/2013 City Commission
12/31/2013 City Commission
Applicants Position/Title
Beth Dunlop
Bryan Rosenfeld
Elizabeth Camargo
Francis Steffens
Ileana Bravo-Gordon
Jessica Conn
713
12/31/16
12/31/15
12/31/15
12/31/17
12/31/13
Board and Committees Current Members
John Stuart
Leonard Wien, Jr.
Michael Bernstein
Ray Breslin
Scott Needelman
Steve Berke
Larkin Menezes
Leslie Tobin
Pamela Palma
Roberta Gould
Seth Wasserman
Zarco Cyn
714
Board and Committees Current Members
Historic Preservation Board
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) members. There shall be a member from each of the following categories:
1) A representative from the Miami Design Preservation League (MDPL);
Selected from three names nominated by the League.
2) A representative from Dade Heritage Trust (DHT);
Selected from three names nominated by the Trust.
Sec. 118-101
3) Two at-large member who have resided in one of the city's historic districits for at least one year,
and have demostrated ineterest and knowledge in urban design and the preservation of historic
buildings.
4) An architect registered in the State of Florida with practical experience in the rehabilitation of
historic structures;
5) A registered architect, registered landscape architect, professional designer or professional urban
planner with practical experience in the rehabilitation of historic structures; or an attorney, or a
licensed engineer who has professional experience and demonstrated interest in historic preservation.;
6) A member of the faculty of a school of architecture in the State of Florida, with academic expertise
in the field of design and historic preservation or the history of architecture, with a preference for an
individual with practical experience in architecture and the preservation of historic structures.
City Liaison: Thomas Mooney
Vacancy:
Members:
Name
··-----·---·----
David
Dominique
Henry
Herb
Jane
Josephine
To replace
Norberta
Rosenstein
Last Name
Wieder
Bailleul
Lares
Sosa
Gross
Manning
Reg. Architect
Position/Title
Attorney
At-large
Faculty Member
MDPL
Dade Heritage
At-large
Applicants Position/Title
Andrew Fischer
Daniel Garcia
Francis Steffens
Jessica Jacobs
Josh Gimelstein
Michael Bernstein
Raymond Adrian
12/31/2013 City Commission
Term Ends: Appointed by: Term Limit:
12/31/2013 City Commission 12/31/15
12/31/2012 City Commission 12/31/16
12/31/2013 City Commission 12/31/13
12/31/2012 City Commission 12/31/15
12/31/2012 City Commission 12/31/16
12/31/2012 City Commission 12/31/14
Applicants Position/Title
Beth Dunlop
Elizabeth Pines
Jeffrey Cohen
John Stuart
Marilys Nepomechie
Morris Sunshine
~-=---.-.,..._,, -~-~""'""""'"'"'""'-""" --· -----OUIII-$--~'1P-· ~--· ~~----Monday, March 12, 2012 Page 28 of 51
715
Board and Committees Current Members
Miami Beach Cultural Arts Council
Com position:
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, 2001, concurrent with the expiration of the terms of six (6) members of the
council, and the resulting vacancies thereon, three (3) members shall be appointed for three (3) year
terms each, provided that one of those appointments shall be to fill the vacancy of the one (1) year
term expiring on December 31, 2001, and three (3) members shall be appointed for two (2) year
terms each. Additionally, effective December 31, 2002, no council member may serve more than six
(6) consecutive years.
City Liaison: Gary Farmer
Vacancy:
To replace Ileana
Bravo-Gordon
Members:
Name Last Name Position/Title
-·-----·---·-····-·-------·-·------·-
Beatrice Hornstein
Charles Million
Daniel Nove Ia
Ed a Valero-Figueira
Gregory
Isadore
Marjorie
Merle
Nina
Zoila
Applicants
Annette Fromm
Brian Levin
Melvin
Havenick
O'Neill-Butler
Weiss
Duval
Datorre
Darin Feldman
Eugenio Cabreja
Janda Wetherington
Jenna Ward
Karlene Mcleod
Maria Cifuentes Marrero
Melvin Brazer
Molly Leis
Monica Minagorri
Oliver Oberhauser
Paul Venette
Robert Barrera
Tamra Sheffman
Zarco Cyn
Position/Title
12/31/2012 City Commission
Term Ends: Appointed by: Term Limit: ------
12/31/2012 City Commission 12/31/15
12/31/2013 City Commission 12/31/17
12/31/2012 City Commission 12/31/15
12/31/2014 City Commission 12/31/14
12/31/2014 City Commission 12/31/15
12/31/2013 City Commission 12/31/13
12/31/2012 City Commission 12/31/15
12/31/2013 City Commission 12/31/17
12/31/2013 City Commission 12/31/13
12/31/2014 City Commission 12/31/14
Applicants Position/Title
Antoinette Zel
Calvin Kohli
Elizabeth Pines
George Durham
Jean Fils
Jonathan Parker
Kumar Prakash
Mark Alhadeff
Michael McManus
Monica Harvey
Nathaniel Kern
Patti Hernandez
Rebecca Diaz
Robert Newman
Wetherington Janda
716
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
Vacancy:
Members:
To replace Barbara
Patchen
12/31/2013 City Commission
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
------·-----··--·----"" -··-~--··------·-·------·-·--··--
David Alschuler (TL 12/31/2012) 12/31/2012 City Commission
Gabriel
Michael
Mojdeh
Rosalie
Christopher Diaz
Evette Phillips
George Castell
Ramiro Inguanzo
Applicants
Brent Coetzee
Elsa Orlandini
Lori Gold
Richard Preira
Paez
Perlmutter (TL 12/31/2012)
Khaghan
Pincus
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
12/31/2012
12/31/2013
12/31/2012
12/31/2013
Position/Title Applicants
City Commission
City Commission
City Commission
City Commission
Position/Title
Carlos Condarco
Gail Harris
Raquel Elejabarrieta
Page39of51
717
12/31/12
12/31/15
12/31/12
12/31/16
12/31/15
Board and Committees Current Members
Planning Board Sec. 118-51
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) regular voting members. The voting members shall have considerable experience in
general business/ land development, land development practices or land use issues.
The board shall at a minimum be comprised of:
one registered architect or a member of the faculty of a school of architecture in the state, with
practical or academic expertise in the field of design 1 planning, historic preservation or the history of
architecture, or a professional architectural designer or professional urban planner1
one developer,
one attorney who has considerable experience in land use and zoning issues,
and one person who has education and/or experience in historic preservation issues. For purposes of
this section, the term "education and/or experience in historic preservation issues" shall be a person
who meets one or more of the following criteria:
(1). Has earned a college degree in historic preservation
(2). Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or
(3). Is recognized by the city commission for contributions to historic preservation, education or
planning. No person except a resident of the city, or an individual having their main business interest
in the city shall be eligible for appointment to the Planning Board.
City Liaison: Katia Hirsh.
Vacancy:
To replace Developer
Jonathan Fryd
Members:
Name Last Name
Charles Urstadt
Daniel Veitia
Henry Stolar
Jonathan Beloff
Leslie Tobin
Randy Weisburd
Applicants
Alexander Annunziato
Beth Dunlop
Bryan Rosenfeld
Francis Steffens
Gary Twist
Jane Gross
Jessica Conn
Joy Malakoff
Lior Leser
Mark Alhadeff
Noah Fox
Wolfarth Robert
Position/Title
-----·--·· ...... ______ ...... --·-···----·-------·-
General Business
Historic Preservation
General Business
Attorney
Architect
General Business
Position/Title
12/31/2013 City Commission
Term Ends: Appointed by: Term Limit:
·····--·-----·-···--···---
12/31/2013 City Commission 12/31/17
12/31/2012 City Commission 12/31/14
12/31/2013 City Commission 12/31/13
12/31/2013 City Commission 12/31/15
12/31/2012 City Commission 12/31/16
12/31/2012 City Commission 12/31/13
Applicants Position/Title
Avi Ciment
Brian Ehrlich
Daniel Garcia
Frank Kruszewski
Gilbert Squires
Jeffrey Cohen
John Stuart
Leonard Wien, Jr.
Maria Gomez
Michael Bernstein
Scott Needelman
718
•.. ·. ,.
' .· l..
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Jorge M. Gonzalez, City Manager
Matti Herrera Bower, Mayor (Lv..J ~ £N\t{ B
March 14, 2012
SUBJECT: Consent Agenda Item: Reappointment to the Tourist Development
Council
Please place on the March 21, 2012 Commission meeting agenda my
reappointment as the City of Miami Beach's representative to the Tourist
Development Council.
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
VVe are cwnmillr:.•d I•.J providin[.J <.~xcelleul public sb•rvicr~ and .sofc:.·Jy lCl off \•\··ho live, wo1k. one/ p1CJ}·· 111 (1111 \:ii
719
. Agenda ltem __ R;....:..? ....... A..._2_
Date 3-JI-12--=--__,;,_...;.....;:;.._
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720
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-J-JZ..
721
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722
R9 -New Business and Commission Requests
R9C Presentation By The Miami-Dade Water And Sewer Department, Related To
Horizontal Directional Drilling (HOD) Options At The Government Cut Pipeline
Relocation Project.
(Public Works)
Agenda Item R or c...
Date 3--21-1 2-
723
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724
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
Jorge Gonzalez, City Manager ,.1-;}
Jerry Libbin, Commissioner T 1
March 2, 2012
SUBJECT: Agenda item for the March 21, 2012 Commission meeting; a discussion
regarding the creation of a task force to help resolve the lack of health services in three Miami
Beach Schools
Please place on the March 21, 2012 Commission meeting agenda; a discussion regarding the
creation of a joint task force between the City and the Miami Beach Chamber to help resolve the
lack of health services in three Miami Beach Schools. A motion was made by the Quality of
Education Committee urging "the City of Miami Beach to support a joint task force with the
MBQEC and the Miami Beach Chamber of Commerce Education Council and other interested
partners for the purpose of seeking and obtaining health care partners for all of the Miami Beach
public schools".
Please contact my office at ext. 7106 if you have any questions.
JL/er
725
• Agenda ltem_R~q-=D __
Date 3-Jkf 2. __ ....;._;__ __
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726
~ MIAMI BEACH -
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Edward L. Tobin, Commissioner
DATE: March 12, 2012
SUBJECT: Item for discussion for March 21 5 Commission Meeting
Please place on the March 21st Commission Meeting Agenda a request for discussion
regarding the Mayor and Commission Aide's reclassification.
If you have any questions please contact, Dessiree Kane at Extension 6274
ET/dk
Agenda Item R q E.
We are committed to providing excellent public service and safeiy ta all who live, work, and play in au Date--3:....-;...J.~/...:;-:;;;./_2...._
727
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728
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSIOZ~ 12 i i.~~R I L? ? ; '
TO:
FROM:
Jorge Gonzalez, City rvfanager·
Mayor and Commission
City of Miami Beach Commissione
. ' . ') .....
·~ ... .!_.::.... MEMORANDUM
RE: ORB Order regarding the designated off-leash area at South Pointe Park
DATE: March 14, 2012
Please place an item for discussion on the March 21 51 Commission agenda on whether or
not the Mayor and Commissioners should direct the City Manager to appeal the ORB
decision not to allow a hedge to be placed in South Pointe Park to facilitate the demarcation
of an off-leash area for the dogs, and whether the designated off-leash area should or
should not be located in the area where the Art in Public Places piece is currently located.
As you know, we have had numerous discussions on the importance of providing a large
enough space for our dogs to play and get exercise, and at the same time we all understand
that there are individuals, who are afraid of dogs and do not support any off leash policy in
the city. At our most recent Neighborhood I Community Affairs Committee meeting, we had
a large turnout and almost unanimous support from the community for a hedge to be
installed on the West lot which will provide a large enclosed area for the dogs to be off
leash. After the discussion, the Commission members voted unanimously to support the
hedge and we were told that ORB would have to hear and make a recommendation.
Since there is a 20 day period to appeal an order of the ORB, and this order would become
final before our next Commission meeting in April, I recommend that we discuss this matter
and provide direction to the City Manager on whether or not he should file an appeal of the
order.
JL/er
We are curr,,i;lccf to pwv,cli11g excellent public serv1ce and solely to oil who live. work, unci ploy 111 ot" v1Ll Agenda Item Rq F
· Date 3 .-l/-{?--
729
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730
R9 -New Business and Commission Requests
R9G Report On The Washington Avenue Workshop Held On February 22, 2012.
(Economic Development)
(Memorandum to be Submitted in Supplemental)
731
. Agenda Item R q 6-
Date 3-2/-/ z._
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732
I
).
t\. /\ I .h
\" · .. '
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Matti Herrera Bower, Mayor ~ ~ MIA~
DATE: March 14, 2012
SUBJECT: Discussion Regarding Joining Amicus Brief in Arizona v. United States
Please place on the March 21, 2012 Commission meeting agenda a discussion
regarding the City of Miami Beach joining an amicus brief prepared by Santa Clara
County and supported by the U.S. Conference of Mayors regarding the immigration-
related case Arizona v. United States, which will be heard by the United States
Supreme Court this term.
In 2010, the Mayor and Commission approved a resolution condemning anti-
immigrant Arizona legislation that placed an undue burden on community policing
and immigrant integration.
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 commilled I•J prodding r.xc:elleitl public servio;e ond ouidr lc• ull who he. work. one/ p/or in c•l
733
Agenda Item R 9/-1
Date 3--)/-IL
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734
R10
CITY ATTORNEY REPORTS
735
~ 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:
DATE: March 21, 2012
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. Suntrust Bank vs. Gary Brecka, et al., Case No. 12-1672 CA 27 (Circuit Court-11th
Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 725 E. Dilido Drive,
Miami Beach, Florida. The Summons and Complaint were served on the City on January
24, 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 February 7, 2012.
2. Aspen Shackleton II LLC vs. Jessica lngelmo, et al., Case No. 12-2854 CA 04 (Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 5445 Collins
Avenue, Unit 428, Miami Beach, Florida. The Summons and Complaint were served on
the City on January 27, 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 February 7, 2012.
3. Lisette Luna v. City of Miami Beach, Phillip Elmore and Frederick Dominguez, Case No.
12-01246 CA 25 (Circuit Court -11th Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on January 25, 2012 alleging that on April 27,
2008, the plaintiff, Lisette Luna, was walking with her fiance Kelisie Lordeus on Ocean
Drive and gth Street at approximately 1 :00 a.m. when she observed Officer Elmore and
Dominguez using excessive force on a subject. She took pictures of the officers using
excessive force and her flash light went off. Thereafter, Officer Dominguez yelled to
Officer Elmore and some bouncers from a nearby establishment, Mangos, to "get the
camera." In the process of grabbing for the camera around plaintiff's left wrist, excessive
force was used and plaintiff sustained injuries to her left wrist and lower back including a
herniated disc at L4-5. The next day after the incident, the plaintiff reported the matter to
internal affairs. Internal Affairs investigation and Internal Affairs report substantiated four
of five claims including use of force. The only claim unsubstantiated was theft of the
camera. We shall file our answer to the complaint and propound discovery to the
plaintiff.
737
Agenda Item H 10 A
Date 3-21-J.)..
City Attorney's Report
March 21, 2012
Page2
4. The Bank of New York Mellon vs. Jeff T. Balitewicz. et al.. Case No. 12-2911 CA 13
(Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 710 Washington
Avenue, Unit 301, Miami Beach, Florida. The Summons and Complaint were served on
the City on February 2, 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 February 7, 2012.
5. Arrow Financial Services. LLC vs. Jeffrey Louis Morris. et al.. Case No. 12-3404 CA 13
(Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to quiet title on real property located at 1670 Lincoln Court, Unit 5-D,
Miami Beach, Florida. The Summons and Complaint were served on the City on
February 2, 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 February 7, 2012.
6. Federal National Mortgage Association vs. Jeffrey Louis Morris. et al.. Case No. 12-2974
CA 40 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1670 Lincoln Court,
Unit 5-C, Miami Beach, Florida. The Summons and Complaint were served on the City
on February 3, 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 February 7, 2012.
7. GR Investments Holdings. LLC vs. Bobby Flinn. et al.. Case No. 12-3818 CA 27 (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 February 3, 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 February 7, 2012.
8. BAC Home Loans Servicing. LP vs. Dorrell Price. et al.. Case No. 10-53079 CA 01
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1051 NE 151 Street,
North Miami Beach, Florida. The Summons and Verified Amended Complaint were
served on the City on February 3, 2012.
738
City Attorney's Report
March 21, 2012
Page3
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 February 7, 2012.
9. Bank of America, N.A, vs. Joel Espinosa. et al., Case No. 12-3116 CA 13 (Circuit Court
-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 300 7 4 Street, Unit
17, Miami Beach, Florida. The Summons and Complaint were served on the City on
February 3, 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 February 7, 2012.
10. LPC Fund, LLC vs. Nocturnal Miami. Inc .. et al., Case No. 12-02460 CA 23 (Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a security interest in a liquor license. The Summons and
Complaint were served on the City on February 6, 2012.
The City's Answer and Affirmative Defenses was filed on February 8 2012.
11. GMAC Mortgage. LLC, vs. Robin Hale, et al., Case No. 12-3641 CA 23 (Circuit Court-
11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 7382 Gary Avenue,
Miami Beach, Florida. The Summons and Complaint were served on the City on
February 8, 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 February 15, 2012.
12. Denrick Bruce v. Alexander Torres, and City of Miami Beach Case No. 12-04744 CA 30
(Circuit Court-11th Judicial Circuit in and for Miami Dade County).
This is a state court lawsuit by an individual against the City, and one of its police
officers for state claims, and federal civil rights violations by both defendants arising out
of the alleged false arrest of the Plaintiff during a drug sting.
The incident occurred in February 28, 2009, in which the Plaintiff was arrested for selling
crack cocaine in a drug sting. The Plaintiff alleged the officer fabricated the evidence
against him. This case has been removed to federal court from state court. The City is
in the process of responding to the Complaint.
13. Guy Sahar v. City of Miami Beach, Case No. 08-04231 CA 30 (Circuit Court -11th
Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on February 10, 2012 alleging that on March 27,
2010, the plaintiff, Guy Sahar, riding his bicycle southbound on Washington Avenue at
approximately 1oth Street in Miami Beach when he struck a "pothole" and/or roadway
739
City Attorney's Report
March 21, 2012
Page4
depression and was thrown from his bike and was injured. We shall file our answer to
the complaint and propound discovery to the plaintiff.
14. Bank of America, N.A. vs. Herbert P. Rickman, et al., Case No. 12-4850 CA 02 (Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 5225 Collins Avenue,
Unit 1616, Miami Beach, Florida. The Summons and Complaint were served on the City
on February 10, 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 February 16, 2012.
15. Buffed Condominium Association, Inc. vs. Clarence Edward Hylton, Jr., et al., Case No.
12-2975 CC 23 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action to foreclose a condominium lien on real property located 825 Euclid
Avenue, Unit 12-A, Miami Beach, Florida. The Summons and Complaint were served on
the City on February 10, 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 February 22, 2012.
16. Roxana Llarena v. City of Miami Beach, Case No. 23-813 CC 26 (Circuit Court-11th
Judicial Circuit in and for Miami-Dade County, Florida)
The City was served with this complaint on February 13, 2012 alleging that on February
9, 2011, the plaintiff, Roxana Llarena, was walking on the park on Crespi Boulevard and
81st Street in Miami Beach, when a piece of sharp metal jutting out from the ground cut
her leg causing the plaintiff to suffer injuries to her body and extremities. We shall file our
answer to the complaint and propound discovery to the plaintiff.
17. Bank of America, N.A. vs. lliyana Panova, et al., Case No. 12-4926 CA 02 (Circuit Court
-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 1300 Alton Road, Unit
1 0-D, Miami Beach, Florida. The Summons and Complaint were served on the City on
February 13, 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 February 16, 2012.
18. Bank of America, N.A. vs. Maria P. Colombini, et al., Case No. 12-4925 CA 02 (Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 6917 Collins Avenue,
Unit 1226, Miami Beach, Florida. The Summons and Complaint were served on the City
on February 13, 2012.
740
City Attorney's Report
March 21, 2012
PageS
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 February 16, 2012.
19. Andres Duquesne v. City of Miami Beach, Phillipe Archer. individually Michael Mulley,
individually, and Bernadette Maher, individually Case No. 12-CV-20575 Huck Bandstra
This is a federal lawsuit by an individual against the City and three of its police officers
for state claims, including false arrest, use of excessive force and battery, and federal
civil rights violations by all defendants.
The incident occurred in February 16, 2008, in which the Plaintiff was arrested for
alcohol offenses, drug offenses, and resisting arrest by the police officers. The Plaintiff
alleged the officers fabricated the evidence against him and used excessive force
against him. The City is in the process of responding to the Complaint.
20. Bank of America, N.A. vs. Sean Greco, et al., Case No. 12-5417 CA 11 (Circuit Court-
11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 900 Bay Drive, Unit
813, Miami Beach, Florida. The Summons and Complaint were served on the City on
February 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 February 23, 2012.
21. The Bank of New York vs. Humberto Maestre. et al., Case No. 12-5600 CA 21 (Circuit
Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 7125 Bay Drive, Unit
304, Miami Beach, Florida. The Summons and Complaint were served on the City on
February 21, 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 February 22, 2012.
22. Agnes Youngblood v. Greensquare. Inc. and City of Miami Beach, Case No. 12-1212
CA01 (Circuit Court-11th Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on February 21, 2012 alleging that on June 1,
2009, the Plaintiff, Agnes Youngblood, was injured while she was playing tennis at a
City-owned tennis court. She is alleging that the co-defendant Greensquare was
responsible for supervising and maintaining the tennis court, which is owned by the City
of Miami Beach. We shall send a letter to the insurance carrier of Greensquare
demanding representation and indemnification for the City of Miami Beach.
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City Attorney's Report
March 21, 2012
Page6
23. Dario D. Vasquez v. City of Miami Beach, et al Case No. 12-05600 CA 21 (Circuit Court
-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is a state court lawsuit by an individual against the City, the Mayor, the City
Manager, the former police chief, and one of its police officers for state claims, including
use of excessive force and battery, and federal civil rights violations by all defendants.
The incident occurred in February 4, 2008, in which the Plaintiff was arrested for alcohol
offenses by the police officer. The Plaintiff alleged the officer used excessive force
against him. This case has been removed to federal court from state court. The City is
in the process of responding to the Complaint.
24. Green Tree Servicing LLC vs. Rene Perez. et al., Case No. 12-5826 CA 22 (Circuit
Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 6905 East Bay Drive,
Unit 21, Miami Beach, Florida. The Summons and Complaint were served on the City on
February 22, 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 February 22, 2012.
25. Green Tree Servicing LLC vs. Andres F. Perez. et al., Case No. 12-6136 CA 02 (Circuit
Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 350 E 21 Street, Unit
305, Hialeah, Florida. The Summons and Complaint were served on the City on
February 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 February 29, 2012.
26. Bank of America, N.A. vs. Raul A. Gonzalez. et al., Case No. 12-6199 CA 08 (Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 210 Fountainebleu
Blvd., Unit 110, Miami, Florida. The Summons and Complaint were served on the City
on February 24, 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 February 29, 2012.
27. Serafina Fedorova. a minor and her Mother and Guardian Natalia Fedorova as Guardian
and individually v. City of Miami Beach, Case No. 12-05810 CA 21 (Circuit Court-11th
Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on February 24, 2012 alleging that on April 14,
2011, the plaintiff, Serafima Fedorova, was a 14 year old enrolled at the Scott Rakow
Center in a gymnastic class sponsored by the City of Miami Beach. It is further alleged
742
City Attorney's Report
March 21, 2012
Page7
that as a result of there being no spotter and no supervision for the plaintiff to perform a
back flip, the plaintiff landed in an awkward manner fracturing her elbow. After the
accident, it is also alleged that no one from the recreation center called fire rescue or the
plaintiff's mother, Natalia Fedorova. We shall file our answer and propound discovery to
the plaintiff.
28. Onewest Bank, FSB vs. Edwin Erik Gonzalez. et al., Case No. 12-6680 CA 06 (Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 18870 NW 57
Avenue, Unit 301, Miami, Florida. The Summons and Complaint were served on the City
on February 27, 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 February 29, 2012.
29. Bank of America. N.A. vs. Gabriela Vargas. et al., Case No. 12-6819 CA 20 (Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1 045 1oth Street,
Unit 903, Miami Beach, Florida. The Summons and Complaint were served on the City
on February 27, 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 February 29, 2012.
30. Wells Fargo Bank, N.A. vs. Pilar Corredor. et al., Case No. 12-6958 CA 04 (Circuit Court
-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 2301 Collins
Avenue, Unit 1631, Miami Beach, Florida. The Summons and Complaint were served on
the City on March 1, 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 March 12, 2012.
31. The Bank of New York Mellon vs. Juan Rodriguez. et al.. Case No. 12-7504 CA 27
(Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 558 SW 16 Terrace,
Homestead, Florida. The Summons and Complaint were served on the City on March 2,
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 March 12, 2012.
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City Attorney's Report
March 21, 2012
PageS
32. Regions Bank d/b/a as Regions Mortgage vs. Yesenia Leon, et al., Case No. 12-7702
CA 25 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 800 West Avenue,
Unit 420, Miami Beach, Florida. The Summons and Complaint were served on the City
on March 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, will be timely filed.
33. Bank of America. N.A. vs. Nathan Finberg, et al., Case No. 12-77681 CA 21(Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 401 69th Street, Unit
512, Miami Beach, Florida. The Summons and Complaint were served on the City on
March 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 March 12, 2012.
34. JPMorgan Chase Bank, National Association vs. Edwin Resto, et al., Case No. 12-7324
CA 02 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1250 West Avenue,
Unit 4 E, Miami Beach, Florida. The Summons and Complaint were served on the City
on March 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 March 12, 2012.
35. Regions Bank vs. Marley Domene, et al., Case No. 11-22870 CA 24 (Circuit Court-
11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 4141 Nautilus Drive,
Unit 6-J, Miami Beach, Florida. The Summons and Second Amended Complaint were
served on the City on March 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 March 12, 2012.
36. Arch Bay Holdings, LLC-Series 2010A vs. Michael Giorango, et al., Case No. 12-7102
CA 13 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 2618 Collins
Avenue, Unit 222, Miami Beach, Florida. The Summons and Complaint were served on
the City on March 5, 2012.
744
City Attorney's Report
March 21, 2012
Page9
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 March 12, 2012.
37. Bank of America. N.A. vs. Luis D. Ramirez, et al., Case No. 12-8292 CA 42 (Circuit
Court -11 1h Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 2618 Collins
Avenue, Unit 332, Miami Beach, Florida. The Summons and Complaint were served on
the City on March 8, 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 will be timely filed.
JS!Ir
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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 Gon
Jose Smith, City Attor
March 21, 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 March 21, 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
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R1 0 -City Attorney Reports
R10C Notice Of Closed Executive Session
Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will
Be Held During Recess Of The City Commission Meeting On Wednesday, March
21, 2012, In The City Manager's Large Conference Room, Fourth Floor, City
Hall, For A Discussion Relative To Collective Bargaining.
· Agenda ltem_.:.....:.R..:...;.ItJ_L. __
Date 5-21-1 J.... _...;,____;__.:.., __
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REPORTS
AND
INFORMATIONAL ITEMS
751
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-I\
0
;:::;
C'D
3
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Reports and Informational Items
(see LTC 071-2012)
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