20120509 SUPP1m MIAMI BEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 1
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
May 9, 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 Rafael E. Granado
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.
SUPPLEMENTAL MATERIAL 1
C7 -Resolutions
C7C A Resolution Approving The Neighborhood/Community Affairs Committee's Recommendation
To Implement A Pilot Food Truck Program In North Beach.
(Economic Development)
(Resolution)
C7H A Resolution Setting A Public Hearing For The June 6, 2012 Meeting To Consider Granting A
Revocable Permit To CG Tides, LLC, CG Tides Village, LLC, CG Tides Village I, LLC And CG
Tides Village II, LLC; As The Owners Of The Properties Located At 1220 Ocean Drive And 1201,
1221 And 1225 Collins Avenue, For A Proposed Elevated, Covered Pedestrian Bridge That
Spans The 20' Public Right-Of-Way Of Ocean Court At A Width Of 9' 1" With A Minimum Vertical
Height Of 15' Above Ocean Court.
(Public Works)
(Memorandum & Resolution)
1
Supplemental Material1, May 9, 2012
R7 -Resolutions
R7B A Resolution Granting A Revocable Permit To Bay Road Outparcel Partners, LLC, As The Owner Of
The Property Located At 1916 Bay Road, To Allow For A Decorative Metal Eyebrow To Extend 3 Feet
Into And 48 Feet Along The Public Right-Of-Way On Bay Road, (And A Minimum Of 11.5 Feet Above
The Sidewalk). 11:15 a.m. Public Hearing
(Public Works)
(Memorandum & Resolution)
R71 A Resolution To Consider 1) Whether To Issue A Request For Qualifications For A Fourth Franchise
Waste Contractor For Residential And Commercial Solid Waste Collections And Disposal; Or, In
Alternative, 2) Renew The Franchise Agreements With The City's Three (3) Existing Franchise Waste
Contractors, For An Additional Three (3) Year Term, Subject To A) Amending Section 90-230(B) Of
The City Code, In Order To Permit The City To Exercise Such Renewal Terms Prior To Expiration Of
The Initial Term Of The Franchise Agreements; And B) An Amendment To The Current Service
Agreement Between The City And The Existing Three (3) Franchise Contractors To Provide
. Additional Benefits To The City.
(Public Works)
(Memorandum)
R7 -Resolutions
R7 J Resolutions Authorizing Agreements With Various External Entities To Assist The City In
. Implementing The Action Plan To Address Potential Corruption And Misconduct:
1. A Resolution Approving And Authorizing The City Manager And City Clerk To Execute A
Memorandum Of Understanding Between The City, On Behalf Of Its Police Department, And
The Federal Bureau Of Investigation, Miami Area Corruption Task Force, For The Purpose Of
Identifying And Prosecuting Public Officials And Law Enforcement Officers At The Federal,
Stale, And Local Levels Of Government Involved In Public Corruption Throughout The
Southern District Of Florida.
2. A Resolution Approving And Authorizing The City Manager And City Attorney To Negotiate An
Agreement With Miami-Dade County, On Behalf Of The Miami-Dade County Office Of The
Inspector General (MDCOIG), To Authorize The MDCOIG To Provide Independent
Investigations Into City Practices And Operations In Order To Prevent And Detect Fraud,
Waste, Financial Mismanagement, Employee Misconduct, Or Other Abuses.
3. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement
In The Not To Exceed Amount Of $45,000, With Miami-Dade County, Florida, On Behalf Of
The Miami-Dade County Commission On Ethics And Public Trust, To Develop And Provide A
Comprehensive Ethics Training Program For City Employees Who Hold Positions That Are In
Regulatory Areas Of The City.
4. A Resolution Waiving, By 5/7ths Vote, The Competitive Bidding Requirement, Finding Such
Waiver To Be In The Best Interest Of The City, And Authorizing The City Manager To
Negotiate And Execute A Professional Services Agreement, In An Amount Not To Exceed
$150,000, With A Qualified Firm For Services Related To Auditing The Processes Of Certain
Regulatory Departments Or Divisions.
(Police/Building/Human Resources)
(Memorandum & Resolutions)
2
ii
RESOLUTION NO. 2012-__ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE'S
RECOMMENDATION TO IMPLEMENT A PILOT FOOD TRUCK
PROGRAM IN NORTH BEACH.
WHEREAS, on November 1 0, 2011, the Neighborhoods/Community Affairs Committee
(NCAC) discussed the topic of food trucks and the potential of a food truck festival in North
Beach, and approved a motion to direct the Administration to have discussions with the
community to identify issues and suggestions regarding a food truck event; and
WHEREAS, a food truck workshop was held with the North Beach community on
February 16, 2012, at the North Shore Park & Youth Center, with approximately 25 individuals
in attendance; and
WHEREAS, at the community meeting, the residents in attendance were stongly in favor
of a festival, and the restaurants were opposed; and
WHEREAS, there was consensus that, if a food truck event is going to take place, that
the following issues be addressed:
• The food truck event should be done on a slow business day, not on a weekend;
• The food trucks should not be a stand-alone event, but should be part of a larger event;
• That local businesses, particularly restaurants, must be allowed to participate for free;
• If alcohol is allowed, it should only be available from the existing restaurants;
• The food trucks must take care of restroom, sanitation, and security needs; and
WHEjlEAS, on April 24, 2012, the NCAC recommended that an event incorporating
food trucks be initiated as a pilot program beginning in June, 2012, and that a total of three
events take place during the summer of 2012; and
WHEREAS, the NCAC further recommended that North Beach restaurants be allowed to
participate in the event, that the program include branding of the event, and that the food trucks
be responsible for providing restrooms, sanitation, and security; and
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 Neighborhood/Community Affairs Committee's recommendation to implement a
pilot food truck program to take place in North Beach in June, July, and August 2012.
PASSED and ADOPTED this gth day of May, 2012.
ATTEST: APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Matti Herrera Bower, M
Rafael Granado, City Clerk
Date :Agenda Item C 7 C
· 3 Date 5"-9-12...
THIS PAGE INTENTIONALLY LEFT BLANK
4
Condensed Title:
A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, Setting A
Public Hearing At Its June 6, 2012 Meeting To Consider Granting A Revocable Permit To CG Tides,
LLC, CG Tides Village, LLC, CG Tides Village I, LLC And CG Tides Village II, LLC; Owners Of The
Properties Located At 1220 Ocean Drive And 1201, 1221 And 1225 Collins Avenue, For A Proposed
Elevated, Covered Pedestrian Bridge That Spans The 20' Public Right Of Way Of Ocean Court At A
Width Of 9'1" With A Minimum Vertical Height Of 15' Above Ocean Court.
Ke Intended Outcome Su orted:
Maintain Miami Beach public areas and Right-of-Ways Citywide
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
I Shall the Mayor and the City Commission approve the Resolution?
Item Summary/Recommendation:
CG Tides, LLC, CG Tides Village, LLC, CG Tides Village I, LLC and CG Tides Village II, LLC are
owners of Tides Hotel at 1220 Ocean Drive, a surface parking lot at 1201 Collins Avenue, the Molbar
Building at 1221 Collins Avenue, and the Splendor Building at 1225 Collins Avenue.
The Applicants had previously received HPB approval (pursuant to HPB Order No. 5477) to redevelop
the Collins Avenue properties. The Applicants now wish to unify all the Properties and have the main
entry through the Tides Hotel on Ocean Drive with an elevated, pedestrian bridge across Ocean Court
at the second level of the Tides Hotel to connect to the second level of the Molbar Building. The bridge
is proposed to cross the entire 20-foot width of the City-owned Ocean Court at a minimum vertical
elevation of 15 feet above the surface grade. At its regular April10, 2012 meeting, the HPB (pursuant
to HPB Order No. 7303) approved the proposed elevated, pedestrian bridge to connect the Properties.
As a result, the Applicants are requesting a revocable permit for the construction and maintenance of
the aforestated elevated, covered pedestrian bridge. The Administration's analysis shows that the
criteria established under Section 82-94 of the City Code are satisfied. Per City Code Section 82-93,
following submittal of the application for a Revocable Permit to the Public Works Department, the City
Commission should set a public hearing for consideration of the proposed Revocable Permit.
THE ADMINSTRATION RECOMMENDS APPROVING THE RESOLUTION.
oard Recommendation:
n.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
e MIAMIBEACH 5
AGENDA
DATE __ ;.......;. __
~ 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 ~
May 9, 2012 U U
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING AT ITS
JUNE 6, 2012 MEETING TO CONSIDER GRANTING A REVOCABLE PERMIT
TO CG TIDES, LLC, CG TIDES VILLAGE, LLC, CG TIDES VILLAGE I, LLC
AND CG TIDES VILLAGE II, LLC; OWNERS OF THE PROPERTIES
LOCATED AT 1220 OCEAN DRIVE AND 1201, 1221 AND 1225 COLLINS
AVENUE, FOR A PROPOSED ELEVATED, COVERED PEDESTRIAN BRIDGE
THAT SPANS THE 20' PUBLIC RIGHT OF WAY OF OCEAN COURT AT A
WIDTH OF 9'1" WITH A MINIMUM VERTICAL HEIGHT OF 15' ABOVE
OCEAN COURT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution setting a public hearing to consider approving an elevated, pedestrian
bridge over the public right-of-way.
BACKGROUND
CG Tides, LLC, CG Tides Village, LLC, CG Tides Village I, LLC and CG Tides Village II, LLC
(Applicants) are owners of the 8-story Tides Hotel at 1220 Ocean Drive, a surface parking lot at
1201 Collins Avenue, the 3-story Molbar Building at 1221 Collins Avenue, and the 2-story
Splendor Building at 1225 Collins Avenue (Properties).
The Properties are located in the MXE Zoning District, the Ocean Drive/Collins Avenue Local
Historic District, and the National Register Architectural District. All three buildings: the Tides
Hotel designed by L. Murray Dixon and built in 1936, the Molbar designed by Henry Hohauser
and constructed in 1939, and the Splendor designed by M.J. Nadel and R.M. Norden and built
in 1936, are contributing historic structures, which require review and approval by the Historic
Preservation Board (HPB) for any re-development.
The Applicants had previously received HPB approval (pursuant to HPB Order No. 5477) to
redevelop the Collins Avenue properties, to be known as the Tides Village. The Applicants now
wish to unify all the Properties and have the main entry through the grand fac;ade and lobby of
6
City Commission Memorandum -1220 Ocean Drive Revocable Permit
May9, 2012
Page 2 of3
the Tides Hotel on Ocean Drive. To achieve this, the Applicants proposed an elevated,
pedestrian bridge (Attachment A) across Ocean Court at the second level of the Tides Hotel to
connect to the second level of the rear of an approved addition to the Molbar Building. The
bridge is proposed to cross the entire 20-foot width of the City-owned Ocean Court at a
minimum vertical elevation of 15 feet above the surface grade (Attachment B). At its regular
April 10, 2012 meeting, the HPB (pursuant to HPB Order No. 7303) approved the proposed
elevated, pedestrian bridge to connect the Properties.
As a result, the Applicants are requesting a revocable permit for the construction and
maintenance of the aforestated elevated, covered pedestrian bridge. Per City Code Section 82-
93, following submittal of the application for a Revocable Permit to the Public Works
Department, the City Administration shall review the request and prepare a recommendation,
and the City Commission should set a public hearing for consideration of the proposed
Revocable Permit.
ANALYSIS
Pursuant to the criteria established under Section 82-94 of the City for the granting/denying of
revocable permits, the City Administration has analyzed the criteria and issues the following
conclusions:
1) That the applicant's need is substantial.
Satisfied. The applicant's need for the permit is substantial. The unification of the Tides
Hotel with the Tides Village requires safe, appropriate and controlled access between the
two portions of the Property. Since City rights-of-way separate and surround the two
portions of the Property, any connection must use City property. Since the Tides Hotel is
located mid-block and does not front on 12th Street, any ground-level access would have to
either: (1) utilize sidewalks on Ocean Drive and 12th Street, passing a large property not
owned by the applicant, and cross Ocean Court before returning to the Property; or (2) cross
the servlYe alley. The first path takes guests on a long trek adjacent to busy streets that is
inappropriate for hotel operations, such as luggage handling. The second path, although
considerably shorter, also poses danger to guests by way of vehicles, including large
service vehicles, without the benefit of a designated and well-defined cross-walk. The
elevated bridge resolves these problems by providing safe and controlled access between
the hotel buildings.
2) That the applicant holds the title to an abutting property.
Satisfied. The applicant is the Fee Simple Owner of the properties located at 1220 Ocean
Drive and 1201, 1221 and 1225 Collins Avenue and the properties are adjacent to Ocean
Court.
3) That the proposed improvements comply with applicable codes, ordinances, regulations,
and neighborhoods plans and laws.
Satisfied. The proposed elevated pedestrian bridge will be constructed in accordance with
the relevant sections of the Code of the City of Miami Beach and the Florida Building Code,
including proper elevation for service emergency vehicles.
7
City Commission Memorandum -1220 Ocean Drive Revocable Permit
May 9, 2012
Page 3of4
4) That grant of such application will have no adverse effect on governmental/utility easements
and uses on the property.
Satisfied. The bridge does not impact any governmental use of the property as it is elevated
15' above ground-level. Above ground utilities will be relocated as part of the development.
The elevation and narrow width (9'1") of the bridge provides unimpeded access in the event
the City or any utility company may need to access any below ground easement.
5) Alternatively:
a. That an unnecessary hardship exists that deprives the applicant of reasonable use of the
land, structure or building for which the Revocable Permit is sought arising out of special
circumstances and conditions that exist, and were not self-created, and are peculiar to the
land, structures or buildings in the same zoning district, and the grant of the application is
the minimum that will allow reasonable use of the land, structures, or building.
b. That the grant of revocable permit will enhance the neighborhood and/or community by such
amenities as, for example, enhanced landscaping, improved drainage, improved lighting and
improved security.
Satisfied. Granting the permit will enhance the security of the neighborhood by facilitating
the unification of the Tides Hotel and Tides Village with safe and appropriate access. The
bridge will remove unnecessary foot traffic and luggage handling activity from the City's
sidewalks and not impede vehicular access along Ocean Court. The covered bridge will
also provide shade and protection from the elements.
6) That granting the revocable permit requested will not confer on the applicant any special
privilege that is denied to other owner of land, structures, or building subject to similar
conditions.
Satisfied. The safety and security of guests of any property requires appropriate measures,
especially at commercial establishments such as hotels. Granting the permit provides the
means for the applicant to ensure the safety of the hotel guests traveling between the hotel
buildings. Granting the permit will not confer any special privilege on the applicant that
would otherwise be denied to others similarly situated in the same zoning district.
7) That granting the revocable permit will be in harmony with the general intent and purpose of
Article Ill of the City Code, and that such revocable permit will not be injurious to
surrounding properties, the neighborhood, or otherwise detrimental to the public welfare.
Satisfied. The elevated bridge will comply with all Code regulations and maintain the
present service uses along Ocean Court while ensuring the safety of hotel guests and all
users of the City rights-of-way. As such, it will neither be injurious to the surrounding
properties nor detrimental to the public welfare.
The Administration's analysis above shows that the above criteria established under Section 82-
94 of the City Code are satisfied, to allow a modest encroachment over the City's right-of-way to
provide for the security of hotel guests of the Tides Hotel and Tides Village and maintain
unimpeded use of the service alley of Ocean Court. The request is in harmony with the intent
and purpose of the City Code, and will not be injurious to the area involved or otherwise
8
City Commission Memorandum-1220 Ocean Drive Revocable Permit
May 9, 2012
Page 4of4
detrimental to the public welfare. The permit will provide the applicant with a reasonable use of
the property.
CONCLUSION
The Administration recommends that the City Commission set a public hearing at its June 6,
2012 meeting to consider granting a revocable permit for the properties located at 1220 Ocean
Drive and 1201, 1221 and 1225 Collins Avenue, for the proposed elevated pedestrian bridge
that extends over the public right-of-way.
Attachments:
A -Rendering of proposed bridge
B -Sketch and Legal description of the encroachment
JMG/JGG/FHB/JJF/RWS/DW
T:\AGENDA\2012\5-9-12\1220 Ocean Drive-MEMO.docx
9
Attachment - A
Attachment - B
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
TIDES BRIDGE CONNECTION EASEMENT
LEGEND:
---£--· DENOTES CENTER LINE
--R-/W--DENOTES RIGHT or WAY LINE
P.B.
PG.
P.O. C.
P.O. B.
DENOTES PLAT BOOK
DENOTES PAGE
DENOTES POINT or COMMENCEMEN
DENOTES POINT or BEGINNING
SCALE 1 n=20'
I I
LOT 12
12th STREET
-----fb-f---
11
nDES BRIDGE CONNECTION
EASEMENT
FROM ELEV. 22.75' TO
ELEV. 33.25' N.G. V.D. 1929
{181.6 sq.ft)
LOT 5 C\J
REVISIONS
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
TIDES BRIDGE CONNECTION EASEMENT
A PORTION OF 20 FOOT PUBLIC ALLEY {OCEAN COURT), OCEAN BEACH, FLA, ADDITION
NO. 2, BLOCK 17, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT
PAGE 56 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY. FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCE AT THE SOUTHEAST CORNER OF LOT 9, BLOCK 17, OCEAN BEACH, FLA,
ADDITION NO. 2, ACCORDING TO THE PLAT THEREOF, AS· RECORDED IN PLAT BOOK 2 AT
PAGE 56 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE NORTH 00
DEGREES 00 MINUTES 35 SECONDS EAST, ALONG THE EAST LINE OF LOTS 9 THROUGH 11
OF BLOCK 17 OF SAID PLAT OF OCEAN BEACH, FLA, ADDITION NO. 2, FOR 139.39 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 DEGREES 00 MINUTES 35
SECONDS EAST FOR 9. 08 FEET,· THENCE SOUTH 89 DEGREES 59 MINUTES 25 SECONDS
EAST FOR 20.00 FEET TO THE WEST LINE OF LOT 6 OF BLOCK 17 OF SAID PLAT OF
OCEAN BEACH, FLA, ADDITION NO. 2; THENCE SOUTH 00 DEGREES 00 MINUTES 35
SECONDS WEST, ALONG SAID LINE FOR 9. 08 FEET,· THENCE NORTH 89 DEGREES 59
MINUTES 25 SECONDS WEST FOR 20.00 FEET TO THE POINT OF BEGINNING. SAID BRIDGE
CONNECTION EASEMENT LYING BETWEEN THE HORIZONTAL PLANE OF ELEVATION OF 22. 75
FEET AND ELEVA T/ON 33.25 FEET NA T/ONAL GEODETIC VERTICAL DATUM 1929. SAID
EASEMENT CONTAINING 181. 6 SQUARE FEET.
LYING AND BEING IN SECTION 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF
MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA.
NORTH
1) BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF NORTH 00 DEGREES 00 MINUTES 35
SECONDS EAST ALONG THE EAST LINE OF LOTS 9 THROUGH 11 OF BLOCK 17 OF SAID PLAT OF OCEAN
BEACH, FLA, ADDITION NO. 2.
2) ORDERED BY: BERCOW RADELL & FERNANDEZ, P.A.
3) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIP,TIOf!(.fJl:JSl:JiEAR THE EMBOSSED SEAL OF
THE ATTESTING PROFESSIONAL LAND SURVEYOR. . ; :; . ,. ' '( '· [ · I ~' 0,: <;~ .
.. \~.·c~·~ .... ~.'.·:·, :.~·· •• :.i-'!J,--:.~ ... ·.i
.:· ,.-~· .··, \l. .. ' '1 •C .• 'Il·'• 0 ·: .. F.:. SHc:-ET 2 OF 2 SHEETS • '' . \• ., • •. /.. ··: . • 1:.1
12
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR THE
JUNE 6, 2012 MEETING TO CONSIDER GRANTING A REVOCABLE PERMIT
TO CG TIDES, LLC, CG TIDES VILLAGE, LLC, CG TIDES VILLAGE I, LLC
AND CG TIDES VILLAGE II, LLC, AS THE OWNERS OF THE PROPERTIES
LOCATED AT 1220 OCEAN DRIVE AND 1201, 1221 AND 1225 COLLINS
AVENUE, FOR A PROPOSED ELEVATED, COVERED PEDESTRIAN BRIDGE
THAT SPANS THE 20' PUBLIC RIGHT-OF-WAY OF OCEAN COURT AT A
WIDTH OF 9'1" WITH A MINIMUM VERTICAL HEIGHT OF 15' ABOVE
OCEAN COURT.
WHEREAS, CG Tides, LLC; CG Tides Village, LLC; CG Tides Village I, LLC; and CG
Tides Village II, LLC (Applicants) are owners of the 8-story Tides Hotel, at 1220 Ocean Drive; a
surface parking lot at 1201 Collins Avenue; the 3-story Molbar Building, at 1221 Collins Avenue;
and the 2-story Splendor Building at 1225 Collins Avenue (collectively, the Properties); and
WHEREAS, the Applicants have received approval from the City's Historic Preservation
Board (HPB) (pursuant to HPB Order No. 5477) to redevelop the Properties, (to be known as
the "Tides Village"); and
WHEREAS, the Applicants wish to unify the Properties with an elevated, covered
pedestrian bridge across Ocean Court at the second level of the Tides Hotel, to connect to the
second level of the rear of an approved addition to the Mol bar Building; and
WHEREAS, the bridge is 15 feet above ground-level with a width of 9 feet 1 inch; and
WHEREAS, at its regular meeting on April 10, 2012, the HPB (pursuant to HPB Order
No. 7303) approved the proposed elevated, pedestrian bridge to connect the Properties; and
WHEREAS, pursuant to Section 82-93, following submittal of the application for a
Revocable Permit to the Public Works Department, the City Administration shall review the
request and prepare a recommendation, and the City Commission should set a public hearing
for consideration of the proposed Revocable Permit.
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 set
a public hearing for the June 6, 2012 meeting to consider granting a revocable permit to CG
Tides, LLC, CG Tides Village, LLC, CG Tides Village I, LLC and CG Tides Village II, LLC, as the
owners of the properties located at 1220 Ocean Drive and 1201, 1221 and 1225 Collins
Avenue, for a proposed elevated, covered pedestrian bridge that spans the 20' public right-of-
way of Ocean Court at a width of 9'1" with a minimum vertical height of 15' above Ocean Court.
PASSED and ADOPTED this 9th day of May, 2012.
ATTEST:
Rafael Granado, City Clerk
T:\AGENDA\2012\5-9-12\1220 Ocean Drive-RESO.docx
13
Matti Herrera Bower, Mayo APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
THIS PAGE INTENTIONALLY LEFT BLANK
14
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Granting A
Revocable Permit To Bay Road Outparcel Partners, LLC, As The Owner Of The Property Located At
1916 Bay Road, To Allow For A Decorative Metal Eyebrow To Extend 3 Feet Into And 48 Feet Along
The Public Right-Of-Way, And A Minimum Of 11.5 Feet Above The Sidewalk
Ke Intended Outcome Supported:
Maintain Miami Beach public areas and Right-of-Ways Citywide
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
I Shall the Mayor and the City Commission approve the Resolution?
Item Summary/Recommendation:
On August 2, 2011, the Design Review Board (ORB) approved modifications to the existing two story
building located at 1916 Bay Road (the Property), including the substantial redesign of the front
fa9ade. The existing use is that of a warehouse, and the proposed use is retail. As part of the project,
the predominantly blank east elevations will be replaced with nearly continuous storefronts.
The project plans approved by the ORB included approval of a decorative metal "eyebrow" extending
three feet into the Bay Road right-of-way and 11.5 feet above the existing sidewalk, along the entirety
of the building fa9ade. The 3-foot by 48-foot decorative metal "eyebrow" was viewed as an integral
component of the design.
As a result, Bay Road Partners LLC has requested a revocable permit for the construction and
maintenance of the aforestated decorative metal "eyebrow." Following submittal of the application for
a Revocable Permit to the Public Works Department, on April 11, 2012, the City Commission
approved Resolution No. 2012-27883 setting a public hearing for consideration of the proposed
Revocable Permit, as required pursuant to City Code Section 82-93.
However, the application is still incomplete pending receipt of the opinion of title and a topographic
survey. Staff reviewed the incomplete application in expectation that the opinion of title and a
topographic survey would be submitted. The Administration's analysis shows that the criteria
established under Section 82-94 of the City of Miami Beach Code of Ordinances are satisfied.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisor Board Recommendation:
Financial Information:
Source of Amount
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
FHB/RWS, Public Works 6565
Si n-Offs:
MIAMI BEACH
Account
ger
15
Approved
AGENDA ITEM ----:R"""'. _7-=8~
DATE ~-f-/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 ~
May 9, 2012 u U PUBLIC HEARING
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, GRANTING A REVOCABLE PERMIT TO BAY ROAD OUTPARCEL
PARTNERS, LLC, AS THE OWNER OF THE PROPERTY LOCATED AT 1916 BAY
ROAD, TO ALLOW FOR A DECORATIVE METAL EYEBROW TO EXTEND 3 FEET
INTO AND 48 FEET ALONG THE PUBLIC RIGHT -OF-WAY, AND A MINIMUM OF 11.5
FEET ABOVE THE SIDEWALK.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the attached resolution approving
the revocable permit.
BACKGROUND
On August 2, 2011, the Design Review Board (ORB) approved modifications to the existing two-
story building located at 1916 Bay Road (the Property), including the substantial redesign of the front
fa<;ade. The existing building is located in a CD-2 commercial medium intensity zoning area, with
the same future land use designation. The existing use is that of a warehouse, and the proposed
use is retail. -As part of the project, the predominantly blank east elevations will be replaced with
nearly continuous storefronts.
The application submitted to the ORB included the complete redesign of the current building facade
facing Bay Road. The new design is compatible with new construction recently approved in the
immediate area, including the Sunset Harbor Parking Garage and the City's Property Management
facility.
The project plans approved by the ORB, at its regular meeting on August 2, 2011 (pursuant to ORB
Order No. 22860), included approval of a decorative metal "eyebrow" (Attachment A) extending
three feet into the Bay Road right-of-way and 11.5 feet above the existing sidewalk, along the
entirety of the building fa<;ade. The 3-foot by 48-foot decorative metal "eyebrow" was viewed as an
integral component of the design (Attachment B).
As a result, Bay Road Partners LLC, as the owner of the Property, has requested a revocable permit
from the City for the construction and maintenance of the aforestated decorative metal "eyebrow".
Following submittal of the Property Owner's application for a Revocable Permit to the Public Works
Department, on April11, 2012, the City Commission approved Resolution No. 2012-27883 setting a
public hearing for consideration of the proposed Revocable Permit, as required pursuant to City
16
City Commission Memorandum-1916 Bay Road Revocable Permit
May 9, 2012
Page 2 of3
Code Section 82-93. However, the application is still incomplete pending receipt of the opinion of
title and a topographic survey.
ANALYSIS
Staff reviewed the incomplete application in expectation that the opinion of title and a topographic
survey would be submitted. Pursuant to the criteria established under Section 82-94 of the City
Code for the granting/denying of revocable permits, the City Administration has concluded the
following;
1) That the Applicant's need is substantially satisfied.
Satisfied. The Applicant's need has been established by the adopted and City approved design.
The metal eyebrow extends over and into the public ROW to aesthetically capture a unique
building fa9ade.
2) That the Applicant holds title to an abutting property.
Satisfied. The Applicant is the Fee Simple Owner of the property located at 1916 Bay Road
(Attachment 5).
3) That the proposed improvements comply with applicable codes, ordinances, regulations, and
neighborhood plans and laws.
Satisfied. The Applicant has complied with all the regulatory requirements for design criteria. A
zero set back on Bay Road caused the decorative metal eyebrow as designed to project over
and into the public ROW.
4) That the grant of such application will have no adverse effect on government/utility easements
and uses of the property.
Satisfied:The architectural encroachments do not create a conflict with existing government
utilities and/or easements.
5) Alternatively:
a. That an unnecessary hardship exists that deprives the applicant of a reasonable use of
the land, structure or building for which the Revocable Permit is sought arising out of
special circumstances and conditions that exist, and were not self-created and are
peculiar to the land, structures or buildings in the same zoning district and the grant of
the application is the minimum that will allow reasonable use of the land, structure or
building.
b. That the grant of the revocable permit will enhance the neighborhood and/or community
by such amenities as, for example: enhanced landscaping, improved drainage, improved
lighting and improved security.
Satisfied. Granting this permit may be considered a neighborhood-enhancing amenity,
since the decorative metal eyebrow provides pedestrian and bicyclists with shade and
protection from rain.
17
City Commission Memorandum-1916 Bay Road Revocable Permit
May9, 2012
Page3 of3
6) That granting the revocable permit requested will not confer on the applicant any special
privilege that is denied to other owners of land, structures or building subjected to similar
conditions.
Satisfied. Granting this permit will not provide special privileges to the applicant; any other
property owner may also apply for a Revocable Permit for metal eyebrow provided they meet the
applicable criteria, do not interfere with the safe utilization of any public ROW, and provide a
neighborhood amenity such as pedestrian shade.
7) That granting the revocable permit will be in harmony with the general intent and purpose of
Article Ill of the City Code, and that such revocable permit will not be injurious to surrounding
properties, the neighborhood, or otherwise detrimental to the public welfare.
Satisfied. The proposed eyebrow will not have an impact on surrounding properties, will not
devalue any adjacent properties, and will not have a detrimental effect to the public welfare.
The Administration's analysis above shows that the above criteria established under Section 82-94
of the City Code are satisfied. This application is also supported by the fact that the decorative metal
eyebrow is part of the design that was approved by the DRB. The DRB considered the decorative
metal eyebrow to be part of the best design solution for this project. Additionally, the metal eyebrow
provides a public benefit in shading pedestrians and protecting them from rain.
CONCLUSION
The Administration recommends that the City Commission adopt the attached resolution approving
the revocable permit.
Attachments:
A-Rendering of proposed "eyebrow"
8 -Sketch and Legal description of the Property
j
JMG/JGG/FHB/JJF/RWS/DW
T:\AGENDA\2012\5-9-12\1916 Bay Road-Revocable Permit-Memo.doc
18
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(() I ...... r::: Q) E .r::: (.) ro ~ Ill <( ~ 1-,;. -Cl -~_,CV)l.:: ~ g Qj e:, ~ "" .20th -(j_ 1-~ 3"~-ti Q Qj C1l z ~rl "' 9 1-<( ~s ~~ oesl -lJ.. Q Cli-_, ;!: gilD .• 1.0 0 ~3CV)~ t5 Iii-'"' ·~~·" 0:': :;J """" llJ " Q _., :~~k ;:::-... ou ... <: Qj ~ill" "" ! "-"-'-,.l'<t !II u.w v• u :: ABBREVIATIONS: STREET ~~ "' q "' II aj ~ ..J "' w .. u.: u.: .; :-:::: ·.;-:-l I .... !i!i!l[\1!!1~~ -····. II .,.oo 0 ''·' ···l:r:-::::·1::::.1:~ .:-: ~·:<:> :c:a: 'm :iii: f...l •'!!i!i!i!ii\l .•',.J:-(::':" SV'M.=S1DEMLK. CBS,CONCRETE BLOCK STRUCTURE. CLF=CHAIN LII~KFENCE, Pl=PROPERIY LINE, DUE=DR.(I.INAGE UTILITY EASEM ENT,IP.,IRON I'!.'> E. F=FOUNO. NC=AIR CONDITIONER PAD. PIC=PROPERTY CORNER. 0/H=DRH.LEO HOLE, 'MF=V.OOOEN FENCE, REScRESIDEI~CE. Cl-C LEAR. RB=REDAR, UE=UTILITY EASEMENT. CONC=CONCRETE SLAB. RIW=RIGHT OF WAY. DE,DRAit:JAGE EASEMENT, CIL=CENTER LINE. Q:QtAMTER, TYP=l'r'FICAL, W M:MEASURED. ReRECORDED. ENCR=ENCROACHMENT. COMP:CQMPUTER. ASH:::ASPHALT. NIO=NAIL & DISC. S=SET. FEE=FlNISH FLOOR ELEVATIOH. NOT VALID UNLESS EMBOSSED WITH OIS=OFFSET. PIP=POv.ER POLE. OHP:OVERHEAD PO\'\tRUNE. IAM=Wl\ TER METER SURVEYOR'S SEAL ~~g~~~~:t. ELEVATION BASED ON LOC. # ru ~~~~~f~:~cfi~~:;.;~~~~E~~~~~~;~·~·~~.-~~·1 ..... ,,.,.,J CBM# ELV. TYPE OF SURVEY: BOUNDARY SURVEY SURVEYOR'S NOTES· 1) OWNERSHIP SUBJECT TO OPINION OF TITLE. 2) NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR ANO MAPPER. 3) THE SURVEY DEPICTED HERE IS IKlT COVERED BY PROFESSIONAL LIABILITY INSURANCE. 4) LEGAL DESCRIPTION PROVIDED BY CLIENT. 5) UNDERGROUND ENCROACHMENTS NOT LOCATED. 6) ELEVATIONS ARE BASED ON NATIONAL GEODETIC !Ill-------------Ill VERTICAL DATUM OF 1929. 7) OWNERSHIP OF FENCES ARE UNKNOWN. B) THERE MAY BE ADDITIONAl. REVISED RESTRICTIONS NOT SHOWN ON THIS SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 9) CONTACT THE APPROPRIATE AUTHORITY PRIOR TO ANY DESIGN WORK FOR BUILDING AND ZONING INFORMATION. 10) EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO DETERMINE RECORDED 'INSTRUMENTS, IF ANY, AFFECTING THIS PROPERTY. BEARINGS WHEN SHOW!; ARE REFERRED TO AN ASSUMED VALUE OF SAID PB ___ PAGE ---LOCATION SKETCH SCALE:NTS 20th STREET r.n w "¢ :;:) z ---------Q w ~ M <C ---------0 ~ N ~ "t"' ~ ~ :::» .. a':l D.. tO I I I I"" I I I •. SURVEY OF: 1916 BAY ROAD, MIAMI BEACH, Ft. 33139. LEGAL DESCRIPTION: THE EAST 1/2 OF LOT 3 & THE NORTH 4 FEET OF THE EAST 1/2 OF LOT 2, BLOCK 14-A OF ISLAND VIEW ADDITION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9 AT PAGE 144 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. I HEREBY CERTIFY That the survey represented thereon meets the minimum technical requirements adopted by the STATE OF FLORIDA Board of Land Surveyors pursuant to Section 472.027 Florida Statutes. There are no encroachments, overlaps, easements appearing on the plat or visible easements other than as shown hereo: lt J) ~' ADIS N. NUNEZ REGISTERED LAND SURVEYOR STATE OF FLORIDA #5924 SINCE 1987 BLANCO SURVEYORS lNG. Engineers • Land Surveyors • Planners • LB # 0007059 555 NORTH SHORE DRIVE MIAMI BEACH, FL 33141 (305) 865-1200 Email: blancosurveyorslnc@yahoo.com Fax: (305) 865-7810 roBttfrff*TE & &¥& 7JSUFFI~~~~ 4 DArf::;777;:+:fE7 COMMUNITY# OWN. BY:
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, GRANTING A REVOCABLE PERMIT TO
BAY ROAD OUTPARCEL PARTNERS, LLC, AS THE OWNER OF THE
PROPERTY LOCATED AT 1916 BAY ROAD, TO ALLOW FOR A
DECORATIVE METAL EYEBROW TO EXTEND 3 FEET INTO AND 48
FEET ALONG THE PUBLIC RIGHT-OF-WAY ON BAY ROAD, (AND A
MINIMUM OF 11.5 FEET ABOVE THE SIDEWALK).
WHEREAS, Bay Road Outparcel Partners, LLC (the Applicant) is the owner of the property
located at 1916 Bay Road (the Property); and
WHEREAS, the Applicant is re-developing an existing two-story building on the Property,
including the complete re-design of the current building facade facing Bay Road; and
WHEREAS, the project plans approved by the Design Review Board (DRB), at its regular
meeting on August 2, 2011 (pursuant to DRB Order No. 22860), included approval of a decorative
metal "eyebrow" along the entirety of the building fa9ade; and
WHEREAS, the proposed metal eyebrow extends horizontally 3 feet into and 48 feet along
the public right-of-way, at a vertical height of 11.5 feet above the Bay Road finished sidewalk grade;
and
WHEREAS, at its April11, 2012 meeting, the City Commission approved Resolution No.
2012-27883, setting a public hearing to consider this request; and
WHEREAS, the Public Works Department is in receipt of Applicant's completed application,
and finds that it meets the criteria established for granting of a revocable permit pursuant to Section
82-94 of the City Code.
j
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 grant a
Revocable Permit to Bay Road Outparcel Partners, LLC, as the owner of the property located at
1916 Bay Road, to allow for a decorative metal eyebrow to extend 4 feet into and 48 feet along the
public right-of-way on Bay Road, (and a minimum of 11.5 feet above the sidewalk).
PASSED and ADOPTED this 9th day of May, 2012.
ATTEST:
Rafael Granado, City Clerk
T:\AGENDA\2012\5-9-12\1916 Bay Road-Reso.doc
21
Matti Herrera Bower, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
l? MIAMIBEACH
C.ITY'OF MIAMI BEACH
.NOTICE OF PUBLIC HEARING
... --. -
NOTICE IS HEREBY giv~n.that a public hearing will be held by the City Commissi~n oftheCity ofMiamiBeach, in the bommiSsJon
Chambers, 3rdjloor, City.Hall, 1700.Convention'certer Dfive,-MiamiBeach; El6rida, on Wednesday, May 9, 2012 at 11:15 A.liii.;To
Consider Granting A Revocable Permit To Bay Road Outparcel Partners, LLC, And Bay Road Partners 1930 LLC, As Owner Of The
Property Located At 1916 Bay Road, To Allow-. A Decorative Meitai-"Eyebrow" To· Extend 4 Feet Into And 48 Feet Along The Public
Right-Of-Way A Minimum Of 11.5 Feet Above:~~ Sidewalk. ·
Inquiries may be directed to the Public Works Departl!lent at (305) 673,-7080,
INTERESTED PARTIES are invited to appear at this meeting, or b~ represented by an agent, or to expres~ their views in writing
addressee;! to _the City Cqmmlssion,:c/o the City Clerk, 1700 Convention C~nter Drive, 1st Floor, City Hall, Miami Beach; Florida
33139. Copies'of these ordinances,are:available for public inspection during normal business ho_urs 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 noti.c:e.wol.\!Ci not be provided. ' . . . . ~ '
Rafael· E. Granado, City Clerk
City of Miami Beach
Pursuantto Section 286.0105, Fla. Stat., the Qity hereby advises-theipublic that:: if a person decides to appeal any decision made by
the City Commission with respect to ariy matter considered at its meeting or its' hearing, such person must ensure that a verl:;>atim
record of tlie proceedings is made, which r~cord includes the testimony and evidence upon which the appeal i$to be based. This
notice does not constitute consent by the 'City fo~ the ihtroduction or admission of otherWise Inadmissible or irreiev~nt evidence, nor
does ital!thorize_ challelig~~p[ ~_ppeals not ~theiwisf allowe9,PX Jaw. '--·
To request thi;:material in a~lfile:'farmat, sign language i~t~~pr!:lters, information on access for persons with-disabilities, and/or
any accominodaticmto:r~l'tie""(iem'l£!?.cument or participate in any city-'sponsoredproceeding, please contact (305) 604-2489 (voice},
(305) 673-7218 (TTY)• fi~e ~ays jt'f,f!!:lvance to 'initiate your request. TIY users may also call 711 (Florida Relay ServicE!). ·
3~E \ SUNDAY, APRIL 22,2012 _. , _: aq,:..v
~--------~~~~~~ .~~~~~~~~--~~--~--~~~~~~~
iL
22
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, To Consider 1)
Whether To Issue A Request For Qualifications For A Fourth Franchise Waste Contractor For Residential
And Commercial Solid Waste Collections And Disposal; Or, In Alternative, 2) Renew The Franchise
Agreements With The City's Three (3) Existing Franchise Waste Contractors, For An Additional Three (3)
Year Term, Subject To A) Amending Section 90-230(b) Of The City Code, In Order To Permit The City To
Exercise Such Renewal Terms Prior To Expiration Of The Initial Term Of The Franchise Agreements; And
B) An Amendment To The Current Service Agreement Between The City And The Existing Three (3)
Franchise Contractors To Provide For Additional Benefits To The City.
Ke Intended Outcome Su orted:
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
I Shall the Mayor and the City Commission approve the Resolution?
Item Summary/Recommendation:
At the July 13, 2011 Commission Meeting, the City Administration requested approval to issue a Request
For Qualifications (RFQ) for a fourth solid waste franchise contractor to provide residential and
commercial solid waste collection and disposal services. This request was made after one of the existing
four (4) solid waste franchise contractors, General Hauling Services, Inc., was acquired by Waste
Services, Inc., leaving the City with three (3) solid waste franchise contractors. The Commission referred
the item to the Finance and Citywide Projects Committee (F&CWPC). At the January 19, 2012 F&CWPC
meeting, following discussion on whether to issue the RFQ, the Committee recommended that it be
brought back to the Committee at the same time as the City's proposed Recycling Ordinance. The three
existing franchise contractors have requested that an RFQ not be issued. Since the F&CWPC January 19,
2012 meeting, the City Administration has met with the three current contractors (Waste Management of
Dade County, Waste Services, Inc., and Choice Environmental Services of Miami) to discuss potential
additional benefits and/or contributions to the City. The item was discussed again at the April 19, 2012
F&CWPC meeting, and the recommendation was to bring the discussion to the full City Commission.
Subsequent to the April 19th F&CWPC meeting, the City Administration continued to meet with the three
existing solid waste contractors, at which time the contractors promised the following best and final offer:
an increase of $300,000/year to their existing public benefit contribution; a new $25,000/year contribution
to support City affiliated environmental groups; and an increase of one half of a percent (.5%) of their
percentage of gross revenues payments to the City (from 1.5% to 2%) for sustainable, or "green",
initiatives in the City of Miami Beach. (The increase would represent approximately $90,000/year in
added revenue to the City). The best and final offer is premised upon the City Commission's agreement
not to issue an RFQ for a fourth franchise waste contractor and, further, to prematurely exercise the three
year renewal term in each of the franchise agreements which would renew the current three agreements
until September 30, 2017. The City Administration recommends that the City Commission evaluate the
additional benefits and/or contributions proposed by the existing three (3) contractors, and determine
whether to proceed to issue an RFQ for a fourth franchisee, or keep the status quo, subject to the
aforestated conditions.
Adviso Board Recommendation:
Source of Amount
Funds: 1
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Fred Beckmann, Ext. 6012
n-Offs:
Department Director
FHB
T:\Fourth Waste Hauler Comm. 2012-05-09.SUMMARY
MIAMI BEACH
Account
23
Approved
AGENDA ITEM R7X
DATE S"'-"f-12-
I AMI
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: May 9, 2012
SUBJECT: A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, TO CONSIDER 1) WHETHER TO ISSUE A REQUEST FOR
QUALIFICATIONS FOR A FOURTH FRANCHISE WASTE CONTRACTOR FOR
RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTIONS AND DISPOSAL;
OR, IN ALTERNATIVE, 2) RENEW THE FRANCHISE AGREEMENTS WITH THE CITY'S
THREE (3) EXISTING FRANCHISE WASTE CONTRACTORS, FOR AN ADDITIONAL
THREE (3) YEAR TERM, SUBJECT TO A) AMENDING SECTION 90-230(b) OF THE
CITY CODE, IN ORDER TO PERMIT THE CITY TO EXERCISE SUCH RENEWAL
TERMS PRIOR TO EXPIRATION OF THE INITIAL TERM OF THE FRANCHISE
AGREEMENTS; AND B) AN AMENDMENT TO THE CURRENT SERVICE AGREEMENT
BETWEEN THE CITY AND THE EXISTING THREE (3) FRANCHISE CONTRACTORS
TO PROVIDE ADDITIONAL BENEFITS TO THE CITY.
ADMINISTRATION RECOMMENDATION
The City Administration recommends that the City Commission evaluate the additional public
benefits and/or contributions proposed by the existing three (3) solid waste franchise contractors,
and the condj!ions for receipt of such benefits, and determine whether it is an acceptable option.
Alternatively, the City Commission may wish to proceed to issue a Request for Qualifications (RFQ)
for a fourth franchise waste contractor.
BACKGROUND
At the July 13, 2011 Commission Meeting, the City Administration requested approval to issue a
Request For Qualifications (RFQ) for a fourth solid waste franchise contractor to provide residential
and commercial solid waste collection and disposal services. This request was made after one of
the existing four (4) solid waste franchise contractors, General Hauling Services, Inc., was acquired
by Waste Services, Inc., leaving the City with three (3) solid waste franchise contractors. The
Commission referred the item to the Finance and Citywide Projects Committee (F&CWPC). At the
January 19, 2012 F&CWPC meeting, following discussion on whether to issue the RFQ, the
Committee recommended that it be brought back to the Committee at the same time as the City's
proposed Recycling Ordinance. The three existing franchise contractors have requested that an
RFQ not be issued. Since the F&CWPC January 19, 2012 meeting, the City Administration has met
with the three current contractors (Waste Management of Dade County, Waste Services, Inc., and
Choice Environmental Services of Miami) to discuss potential additional benefits and/or
contributions to the City. The existing three (3) contractors currently provide in-kind and cash
benefits to the City in the amount of $1,618,750 over a five (5) year period, or $323,750 per year.
The item was discussed again at the April19, 2012 F&CWPC meeting, and the recommendation
24
May 9, 2012
City Commission Memorandum
Fourth Solid Waste Hauler
Page 2of3
was to bring the discussion to the full City Commission to whether or not issue the RFQ or accept
additional public benefits from the contractors in exchange for keeping it to the three (3) existing
contractors.
Following the April 19, 2012 F&CWPC meeting, the City Administration met with the three (3)
existing solid waste franchise contractors, at which time the contractors presented the following best
and final offer:
• An increase of $300,000/year to their existing public benefit contribution;
• A new $25,000/year contribution to support City affiliated environmental groups; and
An increase of one half of a percent (.5%) to their percentage of gross revenue payments to the City
to support sustainable, or "green" initiatives in the City of Miami Beach (increasing the current
payment from 1.5% to 2%). The increase would represent approximately $90,000/year in added
revenue to the City.
As consideration for the above best and final offer, the franchise waste contractors would require
that the City:
• Not proceed to issue the RFQ for the fourth franchise waste contractor, and agree to
maintain the number of franchise contractors at three (3), until the expiration of the
proposed renewed agreement (September 30, 2017) ;
• Agree to an early renewal of the current franchise agreements. If renewed, the
agreements, which have an initial five (5) year term that expires on September 30, 2014,
would continue in effect until September 30, 2017 (i.e. the renewal term would be for three
(3) years, commencing on October 1, 2014). It shoud be noted that, in order for the City to
exercise an early renewal of the franchise agreements, the City Commission would also
have to amend Section 90-230(b) of the City Code, which currently only allows for the
renewal of a franchise agreement upon expiration of the initial term. Additionally, the
additional public benefits and other considerations in the "best and final" offers would
require an amendment to the existing Service Agreement between the City and the
franchise contractors.
ANALYSIS
In evaluating the aforestated proposal from the three (3) solid waste franchise contractors, the City
Administration considered the following pros and cons:
Pros
Best and final offer provides an increase of $300,000/year to the franchisees' existing public benefit
contributions, which the City Administration recommends to be applied as follows: $210,220to fund
the residential recycling collection service; $65,000 toward the disposal of illegal dumping (estimated
at 70 tons/month); and $24,780 toward the annual refurbishment of approximately 120 existing litter
containers.
25
May 9, 2012
City Commission Memorandum
Fourth Solid Waste Hauler
Page 3of3
Best and final offer provides a new $25,000/year contribution to support the activities of affiliated
environmental groups within the City.
Environmental benefits would be derived, as concluded in the "Waste Collection Services-Truck
Impacts Miami Beach, FL" evaluation prepared by Kimley Horn and Associates, Inc., and submitted
by the solid waste franchise contractors (See Attachment 1 ).
The existing solid waste franchise contractors are already familiar with the City, and have been
providing a good level of service with minimal complaints.
Cons
Limiting the number of contractors may also limit competition, and may have an effect on the prices
charged by the franchise waste contractors to residential and commercial clients (as it is arguable
that, by increasing the number, more competitive pricing may occur, as contractors vie for accounts).
Locks in the existing three (3) franchise waste contractors until 2017, which begs the question
whether the financial and other benefits, as proposed in the best and final offer, are in proportion to
the additional term being granted to the contractors by the City's agreement to an "early" renewal of
the existing three (3) franchise agreements.
CONCLUSION
The City Administration recommends that the City Commission evaluate the additional benefits
and/or contributions proposed by the existing three (3) contractors, and determine whether to
proceed to is§~Ue an RFQ for a fourth franchisee, or keep the status quo, subject to the aforestated
conditions.
Attachment:
Waste Collection Services-Truck Impacts Evaluation by Kimley Horn & Associates, Inc.
JMG/JGG/FHB
T:\AGENDA\2012\5-9-12\Fourth Waste Hauler MEMO 2012-05-09.docx
26
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY, AND THE FEDERAL BUREAU OF INVESTIGATION, MIAMI
AREA CORRUPTION TASK FORCE, FOR THE PURPOSE OF IDENTIFYING AND PROSECUTING PUBLIC
OFFICIALS AND LAW ENFORCEMENT OFFICERS INVOLVED IN PUBLIC CORRUPTION.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AN AGREEMENT WITH THE
MIAMI-DADE COUNTY OFFICE OF THE INSPECTOR GENERAL (MDCOIG, TO AUTHORIZE THE MDCOIG
TO PROVIDE INDEPENDENT INVESTIGATIONS INTO CITY PRACTICES AND OPERATIONS IN ORDER TO
PREVENT AND DETECT FRAUD, WASTE, FINANCIAL MISMANAGEMENT, EMPLOYEE MISCONDUCT OR
OTHER ABUSES.
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 AN AGREEMENT IN THE
NOT TO EXCEED AMOUNT OF $45,000, WITH THE MIAMI-DADE COUNTY COMMISSION ON ETHICS AND
PUBLIC TRUST, TO DEVELOP AND PROVIDE A COMPREHENSIVE ETHICS TRAINING PROGRAM FOR
CITY EMPLOYEES WHO HOLD POSITIONS THAT ARE IN REGULATORY AREAS OF THE CITY.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENT, AND AUTHORIZING THE
MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN AN AMOUNT
NOT TO EXCEED $150,000, WITH A QUALIFIED FIRM FOR SERVICES RELATED TO AUDITING THE
PROCESSES OF CERTAIN REGULATORY DEPARTMENTS OR DIVISIONS.
Key Intended Outcome Supported:
Increase Community Satisfaction with City Services; Increase Resident Satisfaction with Employee Contact;
Attract and Maintain a Quality Workforce; and Ensure Expenditure Trends are Sustainable over the Long Term.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
I Shall the Mayor and the City Commission approve the Resolutions?
Item Summary/Recommendation:
On April 11, 2012,)five (5) Code Compliance and two (2) Fire Department employees were arrested by the
Federal Bureau of Investigations on charges including conspiracy to commit extortion. These arrests and alleged
misconduct by a few city employees represent a huge betrayal not only of the public's trust, but of our entire
organization. In my Letter to Commission (LTC) #105-2012, dated April 24, 2012, the administration delineated
actions taken and proposed to be taken to address issues raised by these arrests. Specifically, I proposed a five-
point approach that is intended to support the City in our efforts to root out employee misconduct and corruption,
and improve upon or create the necessary processes to prevent this from occurring again. One of the five actions
has already been initiated; Commander Hernan Cardeno has been re-assigned from the Police Department to
provide day-to-day oversight. In addition, a review of Code Compliance and Fire Inspection cases is also
underway, being handled by our City's Internal Audit Division. The other four proposed actions require
Commission consideration and approval.
1) Authorizing the City Manager and City Clerk to execute a Memorandum of Understanding between the City
and the Federal Bureau of Investigation, Miami Area Corruption Task Force. This will enhance the City's
ability to engage in public corruption investigations, and allows us to leverage the Task Force's resources in
this regard. The City was invited to participate in the Task Force. A proposed MOU is attached to the memo.
2) Authorizing the City Manager and City Attorney to finalize the negotiations of an agreement with the Miami-
Dade County Office of the Inspector General (MDCOIG), authorizing the MDCOIG to provide independent
investigations into city practices and operations in order to prevent and detect fraud, waste, financial
mismanagement, employee misconduct or other abuses. The MDCOIG would serve as the City's Inspector
General and operate independently to initiate investigations, as well as respond to calls and complaints about
potential wrongdoing. A draft scope of work is attached to the memo. Direction from the Commission is
requested. The final negotiated agreement would be brought back to the City Commission in June.
3} Authorizing_ the City to enter into an agreement with the Miami-Dade County Commission on Ethics and
e MIAMI BEACH 27
AGENDA ITEM R 7 T
DATE S"-9-IL.
Public Trust, to develop and provide a comprehensive ethics training program for city employees who hold
positions that are in regulatory areas of the city. This program is in addition to the current training provided to
all employees. A proposed program of work is attached to the memo.
4) Waiving competitive bidding and authorizing the City Manager to work with Commissioner Weithorn to
identify, negotiate and execute a professional services agreement, in an amount not to exceed $150,000,
with a qualified firm for services related to auditing the processes of certain regulatory departments or
divisions. This follows the same approach taken with the external audit of the Building Department by Watson
Rice. The scope includes, but is not limited to, reviewing organizational structure and culture, internal
controls, processes, and operations. Departments/divisions to be reviewed include the Code Compliance
Division; Fire Inspection process; Parking Enforcement Division; Fire Prevention Division; Public Works
Department (permitting processes only); Planning Department (permitting process, concurrency fees, impact
fees and other related areas); and Special Master Process. While all of these reviews are important, we will
be asking the selected firm to prioritize and complete the audits of the Code Compliance Division, Fire
Inspection process and Parking Enforcement Division first. A draft scope of work is attached to the memo.
To enhance these above-recommended efforts and assist me directly on all similar matters, I have reached out to
former U.S. Attorney for the Southern District of Florida, Roberto (Bob) Martinez, to serve in an advisory capacity
on matters related to protecting the integrity of our operations.
It is recommended that the Mayor and City Commission approve all four resolutions.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account Approved
Funds: 1 $150,000 (Audit) TBD
I I
2 $ 45,000 (Ethics) TBD
3 TBD (MDCOIG) TBD
OBPI Total $195,000
Financial Impact Summary:
City Clerk's Office legislative Tracking:
Sign-Offs:
Department Director
28
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 Mem. bers of /ity Commission
Jorge M. Gonzalez, City Manager C\ ~
May 9, 2012 {)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY, ON BEHALF OF ITS POLICE DEPARTMENT, AND THE FEDERAL BUREAU OF
INVESTIGATION, MIAMI AREA CORRUPTION TASK FORCE, FOR THE PURPOSE
OF IDENTIFYING AND PROSECUTING PUBLIC OFFICIALS AND LAW
ENFORCEMENT OFFICERS AT THE FEDERAL, STATE, AND LOCAL LEVELS OF
GOVERNMENT INVOLVED IN PUBLIC CORRUPTION THROUGHOUT THE
SOUTHERN DISTRICT OF FLORIDA.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND
CITY ATTORNEY TO NEGOTIATE AN AGREEMENT WITH MIAMI-DADE COUNTY, ON
BEHALF OF THE MIAMI-DADE COUNTY OFFICE OF THE INSPECTOR GENERAL
(MDCOIG), TO AUTHORIZE THE MDCOIG TO PROVIDE INDEPENDENT
INVESTIGATIONS INTO CITY PRACTICES AND OPERATIONS IN ORDER TO
PREVENT AND DETECT FRAUD, WASTE, FINANCIAL MISMANAGEMENT,
EMPLOYEE MISCONDUCT, OR OTHER ABUSES.
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 AN AGREEMENT IN THE NOT TO EXCEED AMOUNT OF $45,000,
WITH MIAMI-DADE COUNTY, FLORIDA, ON BEHALF OF THE MIAMI-DADE COUNTY
COMMISSION ON ETHICS AND PUBLIC TRUST, TO DEVELOP AND PROVIDE A
COMPREHENSIVE ETHICS TRAINING PROGRAM FOR CITY EMPLOYEES WHO
HOLD POSITIONS THAT ARE IN REGULATORY AREAS OF THE CITY.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING
REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE
CITY, AND AUTHORIZING THE MANAGER TO NEGOTIATE AND EXECUTE A
PROFESSIONAL SERVICES AGREEMENT, IN AN AMOUNT NOT TO EXCEED
$150,000, WITH A QUALIFIED FIRM FOR SERVICES RELATED TO AUDITING THE
PROCESSES OF CERTAIN REGULATORY DEPARTMENTS OR DIVISIONS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolutions.
KEY INTENDED OUTCOMES SUPPORTED
Increase Community Satisfaction with City Services; Increase Resident Satisfaction with Employee
Contact; Attract and Maintain a Quality Workforce; and Ensure Expenditure Trends are Sustainable
over the Long Term.
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Action Items-Apri/11 Events
Page2 of8
BACKGROUND
On April11, 2012, five (5) Code Compliance and two (2) Fire Department employees were arrested by
the Federal Bureau of Investigations on charges including conspiracy to commit extortion. These
arrests and alleged misconduct by a few city employees represent a huge betrayal not only of the
public's trust-but of our entire organization. Their irresponsible actions have now cast a negative light
on the vast majority of our employees, who are hard working, dedicated men and women committed to
our mission of public service. They also paint an unfair picture of the hard work and efforts by the
Mayor and City Commission to provide honest guidance and vision for this community. As reported to
you in my Letter to Commission (LTC) #105-2012, dated April 24, 2012 (Attachment 1), these
employees were immediately placed on leave without pay, and the process to terminate their
employment was initiated.
The LTC also delineated the administration's actions subsequent to the arrests. More specifically, I
proposed a five-point approach that is intended to support the City in our efforts to root out employee
misconduct and corruption, and improve upon or create the necessary processes to prevent this from
occurring again. One of the five actions has already been initiated; Commander Hernan Cardeno has
been re-assigned from the Police Department to assist the Code Compliance Division by providing day-
to-day oversight of the staff. In addition, a review of Code Compliance and Fire Inspection cases is also
underway, being handled by our City's Internal Audit Division of the Office of Budget and Performance
Improvement. Commissioner Weithorn met with me and staff to discuss potential approaches to this
internal review, and we will continue to seek her suggestions and input as that process proceeds.
The other four proposed actions require Commission consideration and approval.
1. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE FEDERAL BUREAU
OF INVESTIGATION, MIAMI AREA CORRUPTION TASK FORCE
The Miami Division of the Federal Bureau of Investigation (FBI) has established the Miami Area
Corruption Task Force (MACTF) for the purpose of maximizing inter-agency cooperation and
formalizing relationships between the participating agencies, for purposes of coordinating policy
guidelines, planning, training and public relations relative to public corruption. The mission of the
MACTF is f() identify significant Public Corruption investigations throughout the Southern District of
Florida. The MACTF consists of a specialized group of investigators and prosecutors who are
responsible for the identification, investigation, prosecution, and forfeiture of all assets involved in such
cases. The MACTF also works to identify and develop new cases of corruption by both Public Officials
and Law Enforcement Officers on the Federal, State, and Local levels of government. It is intended to
enhance the effectiveness of Federal, State and local law enforcement resources through coordinated
initiatives, using the most effective investigative and prosecution avenues to investigate, convict and
incarcerate offenders.
Current MACTF members include the Federal Bureau of Investigation; City of Miami Police
Department; United States Attorney's Office-Southern District of Florida; United States Department of
Housing and Urban Development -Office of Inspector General; United States Department of
Transportation-Office of Inspector General; Internal Revenue Service-Criminal Investigation Division;
City of Hialeah Police Department; and the United States Environmental Protection Agency-Office of
Inspector General. Participation in the MACTF allows the participating agencies to utilize the task force
as a force multiplier.
In the course of discussions relating to the recent arrests, the Miami Beach Police Department (MBPD)
and the FBI discussed the City's participation in the MACTF. Both the FBI and the City felt that this was
a mutually beneficial partnership, as it establishes an ongoing relationship between these two law
enforcement entities. The invitation for the MBPD to participate also demonstrates the FBI's confidence
30
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Action Items -Apri/11 Events
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and trust in our Police Department's leadership and investigative staff. The proposed Memorandum of
Understanding (MOU) between the FBI and the City of Miami Beach on behalf of the MBPD
(ATTACHMENT 1 ), would allow the City to assign a sworn police officer full time to the MACTF to work
in conjunction with their personnel in investigating and prosecuting public corruption. Participation in the
MACTF will benefit the City and the MBPD by providing access to the full benefit of the Task Force's
investigatory support and capabilities to attack corruption now and in the future on Miami Beach. In
addition to the assigned officer, other Police Department investigative personnel will also be deputized
to have special training and clearance to work with MACTF.
The term of the MOU is for the duration of the MACTF operations, and can be terminated at any time
upon written mutual consent of the agencies involved. There is no additional cost associated with the
City's participation in the MACTF beyond the City's continued funding of the full time sworn officer. The
FBI covers costs associated with providing a car (including fuel), phone, training, and reimbursement of
overtime. Additionally, the City will participate in the distribution of funds from any seizures.
We continue to provide the FBI hotline number (305.944.91 01) as a means to report anonymous tips
either about this investigation or any other, similar issue.
2. AGREEMENT BETWEEN THE MIAMI-DADE COUNTY OFFICE OF THE INSPECTOR
GENERAL AND THE CITY, TO PROVIDE INDEPENDENT INVESTIGATIONS INTO CITY
PRACTICES AND OPERATIONS IN ORDER TO PREVENT AND DETECT FRAUD, WASTE,
FINANCIAL MISMANAGEMENT, EMPLOYEE MISCONDUCT OR OTHER ABUSES.
It is important that employees, residents and business owners alike report conduct that is not consistent
with the integrity we expect of our public servants and, when doing so, those reporting such activities
must feel confident that their call and concerns will be properly investigated. Likewise, it is beneficial for
the City to have available an independent process to investigate any reported fraud or employee
misconduct, such as concerns with the City's procurement and regulatory functions, especially as it
relates to matters that may not rise to the level necessitating the FBI's involvement.
Shortly after the news of the arrests, the Mayor and I reached out to Miami-Dade County Inspector
General Ch_rjstopher R. Mazzella about the possibility of the Miami-Dade County Office of the Inspector
General (MDCOIG) providing our City with their services to investigate and review allegations of waste,
fraud, abuse, employee misconduct and mismanagement. The Mayor and I met with him and his staff
on April18, 2012, to discuss the possibility of a formal relationship between his office and our City. The
Inspector General was receptive to such an engagement.
The MDCOIG was created in 1998 by the Miami-Dade County Commission, through County Ordinance,
and has the authority to "review past, present and proposed County and Public Health Trust programs,
accounts, records, contracts, and transactions. The MDCOIG investigates allegations of fraud, waste,
abuse and misconduct amongst public officials and County employees, as well as contractors and
vendors doing business with the County."
To carry out this function, the MDCOIG is empowered with the ability to require the production of
documents and records in the possession and control of the County, and has the power to issue
subpoenas, where necessary. The MDCOIG can also require reports from any County official, County
agency or instrumentalities regarding any matter in its jurisdiction; to report on and recommend to
County government on whether a particular program, contract or transaction is financially sound,
reasonable, necessary or operationally deficient; to conduct random audits; and to provide general
oversight of department programs and large-scale construction projects. The MDCOIG has oversight of
over 40 county departments, including Aviation, the Seaport, Transit, Housing, Community and
Economic Development, Water and Sewer, Solid Waste, Public Works and the Public Health Trust
(JMH). Since 2007, the MDCOIG has been serving as the Inspector General for the Miami-Dade
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Action Items-Apri/11 Events
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County School Board through an lnterlocal Agreement. The MDCOIG's powers do not extend to
municipalities.
A proposed Agreement between the City and Miami-Dade County, on behalf of the MDCOIG, would
authorize the MDCOIG to provide similar services to the City. Staff members from the MDCOIG, City
Administration, City Attorney's Office and I have been working closely to refine a proposed Agreement
setting forth these authorized powers and duties. As we are the first municipality to propose an
Agreement with the MDCOIG, no existing template for that type of Agreement exists. The negotiated
Agreement would be brought back to the City Commission in June for final approval. Please refer to the
attached DRAFT Scope of Services for this Agreement (ATTACHMENT 2).
The following generally describes the role of the Inspector General and the scope of services that
would be contemplated to be provided through the Agreement being negotiated:
• It is intended that the organization and administration of the MDCOIG will be sufficiently
independent to assure that no interference or influence external to the MDCOIG adversely
affects the independence and objectivity of the Inspector General. The Inspector General
considers this an integral component of any engagement with their office.
• The MDCOIG may exercise any of the responsibilities, functions and authorities contained in
the Agreement upon his or her own initiative.
• The Mayor and Commission, City Manager, City Attorney, City's Internal Auditor and Miami
Beach Police will cooperate with the MDCOIG to achieve the goals of preventing and detecting
fraud, waste, financial mismanagement, employee misconduct or other abuses, and promoting
accountability, integrity, economy, and efficiency in government.
It would be anticipated that, subject to any limitations which may be specifically delineated in the
Agreement, the MDCOIG would be authorized by the City to:
• Serve as the Inspector General for the City during the term of the Agreement.
• Randomly or in response to complaints, conduct any reviews, audits, inspections, investigations
or analyses relating to departments; offices; committees; activities; accounts; records;
procurement processes (e.g. how bid specifications were established; how the bid process was
ma~ged; and the activities of the prospective bidder, its officers, agents and employees,
lobbyists, City staff, and elected officials); contracts; transactions; past/present/future programs
and agencies of the City: employee compliance with established policies and/or standard
operating procedures of the City (including the operations of departments or divisions of the
City with regulatory oversight of city/state/federal codes such as, but not limited to, fire, parking,
planning and zoning, building, property maintenance, noise, etc.); and allegations of employee
misconduct.
• Require reports and the production of records from the Mayor, Commission, City Manager, City
officers, employees (except any files or reports relating to litigation that are subject to attorney-
client or other similar privilege) and entities under contract with the City.
• Staff and support a "hotline," which shall be operational throughout the duration of this
Agreement, to accept calls from individuals reporting alleged fraud, waste, financial
mismanagement, employee misconduct or other abuses. Such hotline shall be advertised by
the City.
The MDCOIG will not, whenever possible, duplicate the work of the City's Internal Auditor, Miami
Beach Police Department Internal Affairs Division, Miami Beach Human Resources Department,
City Commission, City Manager and City Attorney, or of the State Attorney's Office or Miami-Dade
County Commission on Ethics. It is understood, however, that the MDCOIG's audits, investigations,
inspections and reviews may from time to time address the same or similar issues or activities
being reviewed by the aforementioned entities. In such cases, the MDCOIG's audits, investigations,
inspections and reviews will be conducted separately and independently from those entities, and
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Action Items-Apri/11 Events
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upon conclusion, the MDCOIG, where appropriate, will refer the disposition or finalization of any
audit, investigation, inspection or review to the appropriate City entity for any additional action.
The proposed Agreement would be for a term of three (3) years from date of execution by all
parties, and would be renewable for an additional term; any additional term would be determined
and agreed upon by both Parties. The Agreement may be terminated for any reason, including
convenience, by either party by thirty (30) days' written notice to the other party.
Direction from the Commission is requested on the DRAFT Scope of Services for this Agreement.
3. AGREEMENT WITH THE MIAMI-DADE COUNTY COMMISSION ON ETHICS AND PUBLIC
TRUST, TO DEVELOP AND PROVIDE A COMPREHENSIVE ETHICS TRAINING PROGRAM
FOR CITY EMPLOYEES WHO HOLD POSITIONS THAT ARE IN REGULATORY AREAS OF
THE CITY.
While the City currently provides and requires ethics training for all City employees, additional, tailored
ethics training focused on the issues and challenges faced by all of our regulatory employees in the
Building, Code Compliance, Fire, Parking, Planning and Police Departments is necessary.
On April 13, 2012, immediately following the arrests, I contacted the Miami Dade County Commission
on Ethics and Public Trust (Commission on Ethics) and spoke to Executive Director and General
Counsel Joseph M. Centorino about having the Commission on Ethics assist the City of Miami Beach
with ethics training for all city employees. I requested that this training first focus on, and be provided
to, those employees who work in any of the city's regulatory areas. On Apri119, 2012, Mayor Bower
and I along with other city staff met with several senior-level staff members from the Commission on
Ethics including Mr. Centorino and Deputy General Counsel Miriam Ramos, to discuss this
comprehensive ethics training. On April23, 2012, Michael Murawski, Advocate for the Commission on
Ethics had separate and individual meetings with senior-level staff from the city's Code Compliance,
Fire, Parking, Organizational Development, and Internal Audit areas to gather additional information
and details about the city's past and intended efforts pertaining to training on ethics, particularly for the
employees in the regulatory areas of the city.
By way of further background, in 2004, I appointed a team from throughout the city to develop
curriculum and deployment strategies for each of the city's priority training areas which include: ethics,
diversity, sexual harassment, customer service and team building. Course content was developed in
consultation with the Office of the City Attorney, Human Resources, the Commission on Ethics and
other external subject-matter experts. Training in each of these areas was geared specifically to each
city department and made available to all city staff. By 2008, all employees were required to attend
these trainings (employees are required to attend the Ethics course every two years). In addition, in
2011, an on-line electronic learning system was procured which allows the city to provide access to all
employees of these required trainings 24-hours-7-days-a-week. The city is in the process of making
this system available to all employees this month.
The training that has been discussed with the Commission on Ethics would provide additional, specific
and much more in-depth training to all employees who are in a regulatory area of the city. For now, the
Commission on Ethics has been asked to first focus on employees in the Code Compliance, Building,
Planning, Fire (Inspections) and Parking (Enforcement) areas of the city. It is expected that in the near
future, a similar training program will be provided to other city employees.
Attached is the proposal submitted by the Commission on Ethics (ATTACHMENT 3). The proposal
includes multiple sessions of intensive and interactive training for all employees and supervisors
engaged in the areas of (1) fire inspection; (2) parking enforcement; (3) building inspection; (4) code
enforcement; and (5) planning. This includes nearly 230 employees. The Commission on Ethics is
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Action Items-Apri/11 Events
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prepared to design, conduct and conclude the initial training within six months.
The proposed sessions include the following over the six month period:
1. Introduction to Ethics -Interactive lecture and discussion led by staff from the Commission on
Ethics on public service ethics, governmental organizational culture and professionalism.
2. Provide a detailed presentation on the code of ethics requirements for public employees
emphasizing issues such as gifts, conflict of interest, and exploitation provisions particularly
relevant to employees engaged in a regulatory role. These will be illustrated with case
examples.
3. Presentation and discussion of legal and administrative consequences of illegal and unethical
activity by public servants, including the participation offormer public employees whose conduct
led to termination.
4. Presentation on the laws that govern bribery, including a discussion of illustrative criminal cases
from Miami-Dade County and elsewhere.
5. Presentation and discussion on the special integrity challenges presented by the regulatory
environment in the City of Miami Beach, including presentations by a retired management-level
employee of a local government municipality.
6. Interactive group discussion led by staff from the Commission on Ethics on six hypothetical
scenarios directly relevant to issues confronting regulatory personnel.
7. Design and implement a "train the trainer'' program for supervisory level staff which addresses
the need for an on-going strategy necessary for building an ethical organizational culture with
oversight controls and in-service ethics training throughout city departments.
8. Private and confidential one-on-one sessions to be conducted with all regulatory employees by
staff from the Commission on Ethics to discuss and address past and future ethical concerns
raised by their personal and professional experiences and providing each of them with an
opportunity to suggest changes and/or improvements in the workplace that could help create a
stronger ethical climate.
9. The Commission on Ethics will issue a final report summarizing all the training sessions and
include recommendations for follow-up training and implementation of long-term management
strategies to help prevent future corruption.
The cost estimate for the proposed training by the Commission on Ethics is $45,000. Given that there
are approximately 230 employees that would participate in all of the trainings described above, the per-
person cost for the six month period would be approximately $200 per employee.
4. NEGOTIATION AND EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH A
QUALIFIED FIRM FOR SERVICES RELATED TO AUDITING THE PROCESSES OF
CERTAIN REGULATORY DEPARTMENTS OR DIVISIONS.
As you may recall, at the April 16, 2008 City Commission Meeting, the Commission authorized the
hiring of an outside auditor to perform an audit of the operations and processes of our Building
Department. At that meeting, the Commission appointed Commissioner Deede Weithorn to work with
the administration to develop the scope of work for this process, and to assist he administration in
identifying/selecting a firm and negotiating an agreement for services. After meetings with various
consultants, Watson Rice was subsequently selected to perform the organizational review and
operational analysis; their report provided specific recommendations to improve the operations of our
building development process. Similar audits for other City departments and divisions have been
discussed since then, including for the Capital Improvements Projects Office, Code Compliance
Division and Parking Enforcement.
I am recommending that we immediately initiate a similar external audit of the Code Compliance
Division; Fire Inspection process; Parking Enforcement Division; Fire Prevention Division; Public Works
Department (permitting processes only); Planning Department (permitting process, concurrency fees,
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Action Items-Apri/11 Events
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impact fees and other related areas); and Special Master Process. While all of these reviews are
important, we will be asking them to prioritize and complete the audits of the Code Compliance
Division, Fire Inspection process and Parking Enforcement Division first.
In order to expedite this process, an initial meeting was convened on April 23, 2012 to discuss the
potential scope of such an audit. The attendees included Commissioner Weithorn and Dr. Morris
Sunshine (both of whom offered their assistance); Hilda Fernandez, Assistant City Manager; Kathie
Brooks, Director of the Office of Budget and Performance Improvement; Patricia Walker, Chief
Financial Officer; Stephen Scott, Building Director; Kristin Tigner, Assistant Building Director; Robert
Santos-Aiborna, Code Compliance Division Director; and Hernan Cardeno, Division Commander
assigned to the Code Compliance Division.
Based on the input from the participants in this meeting, it was concluded that the minimum criteria
necessary for a firm to conduct these audits would include the following:
• experience with similar regulatory systems, including dispatch-based processes;
• that it be a Florida Firm (registered in the State of Florida), preferably with a South Florida
office; and
• that Staff assigned to the project from the successful firm must have at least one of the
following certifications:
o certified public accountant;
o certified fraud examiner;
o certified fraud specialists; or
o certified public auditor.
An expedited timeline is envisioned for the component of the review relating to the Code Compliance
Division, Fire inspections and Parking enforcement. Ideally, we would like to see the selected firm
complete their review of these three areas within 120 days of contract execution, with separate final
reports to follow on each individual area of review within 30 days. The balance of the areas for review
would follow a timeline to be determined at the time of Agreement execution. If a contract is
successfully negotiated by the end of June, field work on the first three audit areas could take place
between July and October, with final reports for those three areas due in November. A timeline for the
completion of the external audit of all other areas would be developed with the selected firm.
j
Please refer to ATTACHMENT 4 for the DRAFT scope of services.
A preliminary list of potential consultants to perform these external audits was also developed at the
initial meeting. It would be recommended that a process similar to that used in the selection of Watson
Rice be initiated for this process, designating Commissioner Weithorn to assist the administration in
developing the short list of questions that the interested firms would respond to; reviewing and selecting
the firm; negotiating the engagement agreement; and serving as a liaison to the administration during
the audit process. The fees for the agreement would be negotiated, at a not to exceed amount of
$150,000.
CONCLUSION
As you know, I have, in the past, initiated investigations of criminal misconduct whenever any
information has come to my attention. I have sought out assistance from the State Attorney's Office and
the Miami Beach Police Department, and even allocated investigative resources to ensure that criminal
behavior is rooted out and removed from our organization. I have spoken with U.S. Attorney for the
Southern District of Florida, Wifredo Ferrer, and assured him that we will continue to give our full
support to his office and the FBI as the investigation continues. I and others from the City have met with
representatives from the FBI on several occasions since April 11th to assist in their investigation and
provide any information they have requested.
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To enhance these above-recommended efforts and assist me directly on all similar matters, I have
reached out to former U.S. Attorney for the Southern District of Florida, Roberto (Bob) Martinez, to
serve in an advisory capacity on matters related to protecting the integrity of our operations.
The Administration recommends that the Mayor and City Commission approve the attached resolutions
which will assist the City is further identifying any internal weaknesses and process improvement
needs, in particular in our departments and divisions with regulatory roles, and in rooting out
inappropriate conduct at any level of this government. In summary, this includes:
1) Authorizing the City Manager and City Clerk to execute a Memorandum of Understanding
between the City and the Federal Bureau of Investigation, Miami Area Corruption Task
Force;
2) Authorizing the City Manager and City Attorney to finalize the negotiations of an agreement
with the Miami-Dade County Office of the Inspector General (MDCOIG), authorizing the
MDCOIG to provide independent investigations into city practices and operations in order to
prevent and detect fraud, waste, financial mismanagement, employee misconduct or other
abuses;
3) Authorizing the City to enter into an agreement with the Miami-Dade County Commission on
Ethics and Public Trust, to develop and provide a comprehensive ethics training program
for city employees who hold positions that are in regulatory areas of the city; and
4) Waiving competitive bidding and authorizing the City Manager to work with Commissioner
Weithorn to identify, negotiate and execute a professional services agreement, in an
amount not to exceed $150,000, with a qualified firm for services related to auditing the
processes of certain regulatory departments or divisions.
ATTACHMENTS
JMG/hmf
36
[Ml] ATTACHMENT 1
MIAMI AREA CORRUPTION TASK FORCE
MEMORANDUM OF UNDERSTANDING
Memorandum of Understanding between the
Federal Bureau of Investigation; City of Miami Police Department; United
States Attorney's Office -Southern District of Florida; United States
Department of Housing and Urban Development -Office of Inspector
General; United States Department of Transportation -Office of Inspector
General; Internal Revenue Service-Criminal Investigation Division; City of
Hialeah Police Department; United States Environmental Protection Agency
-Office of Inspector General; to establish the Miami Area Corruption Task
Force (MACTF).i
1
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
37
1) PARTIES
This Memorandum of Understanding (MOU) is entered into by and between the
Federal Bureau of Investigation (FBI) and the aforementioned agencies.
2) AUTHORITIES
Authority for the FBI to enter into this agreement can be found at 28 U.S.C. 1
533; 42 U.S.C. 1 3771; and 28 C.F.R. 1 0.85 and applicable United States
Attorney General Guidelines.
3) PURPOSE
The purpose of this MOU is to delineate the responsibilities of the MACTF
participants, maximize inter-agency cooperation, and formalize relationships
between the participating agencies for policy guidance, planning, training, and
public I media relations. This MOU is not intended, and should not be
construed, to create any right or benefit, substantive or procedural,
enforceable at law, or otherwise, by any third party against the parties, the
United States, or the officers, employees, agents, or other associated
personnel thereof. Nothing in this MOU should be construed as limiting or
impeding the basic spirit of cooperation which exists between the participating
agencies.
4) MISSION
The mission of the MACTF is to identify significant Public Corruption
investigations throughout the Southern District of Florida (SDFL). The MACTF
will b~ a specialized group of investigators and prosecutors responsible for the
identification, investigation, prosecution, and forfeiture of all assets involved in
such cases. The MACTF will seek to identify and develop new cases of
corruption by both Public Officials and Law Enforcement Officers on the
Federal, State, and Local levels of government.
The MACTF will enhance the effectiveness of Federal/State/Local law
enforcement resources through a well-coordinated initiative seeking the most
effective investigative and prosecutive avenues by which to convict and
incarcerate those involved in the aforementioned crimes. Participation in the
MACTF will allow the participating agencies to utilize the task force as a force
multiplier.
5) SUPERVISION AND CONTROL
A. Supervision
2
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
38
Overall supervision of the personnel on the MACTF shall be the shared
responsibility of the participating agencies.
The Special Agent in Charge (SAC) of the Miami Division shall designate
one FBI Supervisory Special Agent (SSA) to have direct and daily
responsibility for all FBI personnel and FBI investigative matters pertaining
to the MACTF.
Each participating agency will provide at least one agent/officer to act as
Task Force Coordinator (TFC). The day-to-day operation and
administrative control of the MACTF will be the responsibility of the TFC
from each agency. Responsibility for the conduct of the MACTF
participants, both personally and professionally, shall remain with the
respective agency heads.
Each MACTF member will be subject to the personnel rules, regulations,
laws, and policies applicable to those of their respective agencies. FBI
participants will continue to adhere to the Bureau=s ethical standards and
will remain subject to the Supplemental Standards of Ethical Conduct for
employees of the Department of Justice.
Each MACTF member will continue to report to his or her respective agency
supervisor for non-investigative administrative matters not detailed in this
MOU.
Continued assignment of personnel to the MACTF will be based upon
performance and will be at the discretion of the respective agency
heads/supervisors. Each participating agency will, upon request, be
provided with an update as to the accomplishments of the MACTF.
B. Case Assignments
The FBI SSA with designated oversight for FBI investigative and personnel
matters will be responsible for opening, monitoring, directing, and closing
FBI investigations pertaining to the MACTF in accordance with existing FBI
policy and the applicable United States Attorney General=s Guidelines.
Assignments of cases to personnel will be based on, but not limited to,
experience, training, and performance, in addition to the discretion of the
TFC with designated oversight for investigative and personnel matters.
For FBI administrative purposes, MACTF cases will be entered into the
relevant FBI computer system.
MACTF members will have equal responsibility for each case assigned.
MACTF personnel will be totally responsible for the complete investigation
from predication to resolution.
3
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
39
C. Resource Control
Specific control of MACTF resources, including personnel, and the
continual dedication of MACTF resources shall be retained by the
participating agency supervisors, who will be kept fully apprised of all
investigative developments by their respective subordinates.
6) OPERATIONS
A. Investigative Exclusivity
It is agreed that matters designated to be handled by the MACTF will not
knowingly be subject to non-MACTF law enforcement efforts by any of the
participating agencies. It is incumbent on each agency to make proper
internal notification regarding the MACTF=s existence and areas of
concern.
It is agreed that there is to be no unilateral action taken on the part of the
FBI or participating agencies relating to MACTF investigations or areas of
concern. All law enforcement actions will be coordinated and cooperatively
carried out.
B. Informants
MACTF members may operate their confidential informants (CI's) and
cooperating witnesses (CW's) pursuant to the guidelines of his/her
respective agency.
The disclosure of FBI informants to non-MACTF members will be limited to
thOse situations where it is essential to the effective performance of the
MACTF. These disclosures will be consistent with applicable FBI
guidelines.
Non-FBI MACTF members may not make any further disclosure of the
identity of an FBI informant, including to other members of the MACTF. No
documents which identify, tend to identify, or may indirectly identify an FBI
informant may be released without prior FBI approval.
In those instances where a participating agency provides an informant, the
FBI may, at the discretion of the SAC, become solely responsible for the
informant=s continued development, operation, and for compliance with
necessary administrative procedures regarding operation and payment as
set forth by the FBI.
4
FOR OFFICIAL USE ONLY
This document Is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
40
The United States Attorney General=s Guidelines and FBI policy and
procedure for operating FBI informants and cooperating witnesses (CW's),
shall apply to all FBI informants and CW's that are opened and operated by
the FBI in furtherance of MACTF investigations. Documentation of, and any
payments made to, FBI informants and CW's shall be in accordance with
FBI policy and procedure.
Operation, documentation, and payment of solely state, county, or local
informants and CW's opened and operated by Non-FBI MACTF members
in furtherance of MACTF investigations must be in accordance with the
respective agencies' rules and regulations. Documentation of state, county,
or local informants and CW's opened and operated in furtherance of
MACTF investigations shall be maintained at an agreed upon location.
C. Investigative Methods/Evidence
For cases assigned to an FBI Special Agent or in which FBI informants or
cooperating witnesses are utilized, the parties agree to conform to Federal
standards concerning evidence collection, processing, storage, and
electronic surveillance.
In all cases assigned to state, county, or local law enforcement participants,
the parties agree to utilize Federal standards pertaining to evidence
handling and electronic surveillance activities to the greatest extent
possible. However, in situations where the statutory or common law of the
state is more restrictive than the comparable Federal law, the investigative
methods employed by state and local law enforcement agencies shall
conform to the requirements of such statutory or common law pending a
decision as to venue for prosecution.
The use of other investigative methods (search warrants, interceptions of
oral communications, etc.) and reporting procedures in connection
therewith will be consistent with the policy and procedures of the FBI.
All physical evidence, including original tape recordings (audio and video),
will be maintained pursuant to the Federal Rules of Evidence. As such,
evidence acquired in a MACTF case, which is assigned to an agent
representing a Federal agency, may either be maintained by that agency
leading the respective investigation or the FBI. All other evidence acquired
will be processed and maintained in accordance with FBI policies and
procedures.
D. Undercover Operations
5
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither It nor its contents may be released without authorization by FBI Headquarters.
41
All MACTF undercover operations will be conducted and reviewed in
accordance with FBI guidelines and the Attorney General=s Guidelines on
FBI Undercover Operations. All participating agencies may be requested to
enter into an additional MOU if a member of the participating agency is
assigned duties which require the officer to act in an undercover capacity.
E. Reports and Records
All FBI investigative reporting will be prepared in compliance with existing
FBI policy. When permitted by law, copies of pertinent documents created
by each member of the MACTF will be made available for inclusion in the
respective investigative agencies= files as appropriate. Only one report
memorializing the results of any investigative action should be created to
avoid duplicated reports. The production of investigative reports should be
distributed equitably among the participating investigators.
A copy of all reports prepared by task force members will be maintained at
an FBI approved location; original FBI documents will be maintained by the
FBI.
MACTF investigative records maintained at the Miami office of the FBI will
be available to all MACTF members, as well as their supervisory and
command staff subject to pertinent legal, administrative and/or policy
restrictions.
Placement of all or part of said information into participating agency files
rests with the discretion of supervisory personnel of the concerned
agencies. No FBI generated investigative record will be converted into an
electronic format or stored in a database of a non-FBI participating agency.
Clqssified information and/or documents containing information that
identifies or tends to identify an FBI informant shall not be placed in the files
of participating agencies unless appropriate FBI policy has been satisfied.
7) INFORMATION SHARING
No information possessed by the FBI, to include information derived from
informal communications by the Task Force Coordinator (TFC) to personnel
of the FBI, may be disseminated by the TFC to non-MACTF personnel
without the permission of the TFC's designated FBI MACTF Supervisor and
in accordance with the applicable laws and internal regulations, procedures
or agreements between the FBI and the Participating Agencies that would
permit the Participating Agencies to receive that information directly.
Likewise, the TFC will not provide any Participating Agency information to
the FBI that is not otherwise available to it unless authorized by appropriate
Participating Agency officials.
6
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
42
The Parties acknowledge that the information involved in this MOU may
identify U.S. persons whose information is protected by the Privacy Act of
1974 and/or Executive Order 12,333 (or any successor executive order).
All such information will be handled lawfully pursuant to the provisions
thereof.
The Parties agree to review and make appropriate changes, if any, to their
privacy compliance documents, including applicable Privacy Act system of
records notices and notices required by the Privacy Act (5 U.S. C.
552a(e)(3)), in advance of the implementation of this MOU to ensure that
the scope and routine uses of such notices permit the collection,
maintenance, and sharing of personal information as set forth in this MOU.
Before using personally identifiable information (PII) shared pursuant to this
MOU, the recipient agency will make reasonable efforts to ensure that the
information is accurate, timely, relevant and complete.
The non-Federal Parties acknowledge that the information involved in this
MOU in possession of a non-Federal TFC may be subject to chapter 119 of
the Florida Statutes, the Public Records Law. Absent a statutory exception,
this information may be open to review and inspection by the public.
The FBI is providing access to information from its records with the
understanding that in the event the recipient becomes aware of any
inaccuracies in the data, the recipient will promptly notify the FBI so that
corrective action can be taken. Similarly, if the FBI becomes aware that
information it has received pursuant to this MOU is inaccurate, it will notify
the contributing Party so that corrective action can be taken.
The IRS is responsible for tax administration and the investigation of
criminal violation of the Internal Revenue Code, (Title 26, United States
Gode). Internal Revenue Code, Section 6103, restricts the disclosure of tax
or tax return information except as provided by Section 6103.
Section (c) of the Privacy Act, 5 U.S.C. 552a(c), requires that an agency
maintain the ability to provide an accounting for covered disclosures made
outside the disclosing agency. The accounting must include the date,
nature, and purpose of each disclosure and the name and address of the
person or agency to which the disclosure is made. The accounting must be
maintained for five years after the disclosure for which the accounting is
required or for the life of the record, whichever is longer. To the extent that
this provision of the Privacy Act is applicable to disclosures of Pll made
under the MOU, each Party will be responsible for compliance.
Each Party will immediately report to the other Party each instance in which
data received from the other Party is used, disclosed, or accessed in an
unauthorized manner (including any data losses or breaches).
7
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
43
8) PROSECUTIONS
MACTF investigative procedure is to conform to the requirements for
Federal Prosecution.
A determination will be made on a case-by-case basis whether the
prosecution of MACTF cases will be at the state or Federal level. This
determination will be based on the evidence obtained and a consideration
of which level of prosecution would be of the greatest benefit to the overall
objectives of the MACTF.
In the event that a state or local matter is developed that is outside the
jurisdiction of the FBI or it is decided to prosecute a MACTF case at the
state or local level, the FBI agrees to provide all relevant information to state
and local authorities.
Whether to continue and/or conduct additional investigation of the state or
local crimes involved will be at the sole discretion of the respective state and
local authorities.
9) DEADLY FORCE AND SHOOTING INCIDENT POLICIES
Members of the MACTF will follow their own agency's policy concerning
firearms discharge and use of deadly force. Any incident will be
investigated by the respective agency.
10) DEPUTATIONS
Local and state law enforcement personnel designated to the MACTF,
subject to a limited background inquiry, may be sworn as Federally
deputized Special Deputy United States Marshals, with the FBI securing the
required deputation authorization. These deputations should remain in
effect throughout the tenure of each investigator=s assignment to the
MACTF or until the termination of the MACTF, whichever comes first.
Administrative and personnel policies imposed by the participating agency
will not be voided by deputation of their respective personnel.
11) PROPERTY AND EQUIPMENT
Property utilized by the MACTF in connection with authorized investigations
and/or operations and in the custody and control and used at the direction
of the MACTF, will be maintained in accordance with the policies and
procedures of the agency supplying the equipment.
12) FUNDING
8
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
44
This MOU is not an obligation or commitment of funds, nor a basis for
transfer of funds, but rather is a basic statement of the understanding
between the parties hereto of the tasks and methods for performing the
tasks described herein. Unless otherwise agreed in writing, each party shall
bear its own costs in relation to this MOU. Expenditures by each party
will be subject to its budgetary processes and to the availability of funds and
resources pursuant to applicable laws, regulations, and policies. The
parties expressly acknowledge that the above language in no way implies
that Congress will appropriate funds for such expenditures.
13) FORFEITURES
The FBI shall be responsible for the processing of assets seized for Federal
forfeiture in conjunction with MACTF operations.
Asset forfeitures will be conducted in accordance with Federal law, and the
rules and regulations set forth by the FBI and Department of Justice (DOJ).
Where permitted by law, forfeiture attributable to MACTF investigations will
be equitably distributed among the agencies participating in the
investigations, as determined by each agencies relative contribution to the
investigation.
14) DISPUTE RESOLUTION
In cases of overlapping jurisdiction, the participating agencies agree to work
in concert to achieve the MACTF=s objectives.
The parties agree to attempt to resolve any disputes regarding jurisdiction,
ca-Se assignments, workload, etc., at the field level first before referring the
matter to supervisory personnel for resolution.
15) MEDIA RELEASES
All media releases and statements will be mutually agreed upon and jointly
handled according to FBI and participating agency guidelines.
All Press releases will be handled by the United States Attorney's Office. No
release will be issued without the participating agencies final approval.
16) SECURITY CLEARANCES
9
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
45
State and local members of the MACTF, as well as appropriate supervisory
personnel responsible for these individuals, can apply for and receive a
Secret Security Clearance granted by the FBI. MACTF members from
other Federal agencies can obtain a Top Secret (TS) clearance from their
agency and have this information passed to the FBI. No one will have
access to sensitive or classified documents or materials or FBI space
without a valid security clearance and the necessary "need-to-know".
Pursuant to the provisions of Section 1.2 of Executive Order 12968,
Detailees are required to have signed a nondisclosure agreement approved
by the FBI's Security Division. Pursuant to the Federal law, MACTF
members are strictly forbidden from disclosing any classified information to
individuals who do not possess the appropriate security clearance and
"need-to-know".
17) LIABILITY
Unless specifically addressed by the terms of this MOU, the parties agree to
be responsible for the negligent or wrongful acts or omissions of their
respective employees. Legal representation by the United States is
determined by DOJ on a case by case basis. The FBI cannot guarantee the
United States will provide legal representation to any Federal, state or local
law enforcement officer.
Congress has provided that the exclusive remedy for the negligent or
wrongful act or omission of an employee of the United States government,
acting within the scope of his employment, shall be an action against the
United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1
1346(b), I I 2671-2680.
For the limited purpose of defending claims arising out of MACTF activity,
state or local law enforcement officers who have been specially deputized
and who are acting within the course and scope of their official duties and
assignments pursuant to this MOU, may be considered an Aemployee@ of
the United States government as defined in 28 U.S.C. 1 2671. See 5 U.S.C.
I 3374(c)(2).
Under the Federal Employees Liability Reform and Tort Compensation Act
of 1988 (commonly known as the Westfall Act), 28 U.S.C. 1 2679(b)(1) the
Attorney General or his/her designee may certify that an individual
defendant acted within the scope of his/her employment at the time of the
incident-giving rise to the suit. ld., 28 U.S.C. 1 2679(d)(2). The United
States can then be substituted for the employee as the sole defendant with
respect to any tort claims, 28 U.S.C. 1 2679(d)(2). If the United States is
substituted as defendant, the individual employee is thereby protected from
suits in his official capacity.
10
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
46
If the Attorney General declines to certify that an employee was acting
within the scope of employment, Athe employee may at any time before trial
petition the court to find and certify that the employee was acting within the
scope of this office or employment.@ 28 U.S.C. 1 2679(d)(3).
Liability for negligent or willful acts of MACTF employees undertaken
outside the terms of this MOU, will be the sole responsibility of the
respective employee and agency involved.
Liability for violations of Federal constitutional law rests with the individual
Federal agent or officer pursuant to Bivens v. Six Unknown Named Agents
of the Federal Bureau of Narcotics, 403 U.S. 388 (1971) or pursuant to 42
U.S.C. 1 1983 for state and local officers or cross-deputized Federal
officers.
Both state and Federal officers enjoy qualified immunity from suit for
constitutional torts Ainsofar as their conduct does not violate clearly
established statutory or constitutional rights of which a reasonable person
would have known." Harlow v. Fitzgerald, 457 U.S. 800 (1982).
MACTF officers may request representation by the U.S. DOJ and their
respective agencies for civil suits against them in their individual capacities
for actions taken within the scope of employment. 28 C.F.R 1 1 50.15,
50.16.
An employee may be provided representation Awhen the actions for which
representation is requested reasonably appear to have been performed
within the scope of the employee=s employment and the Attorney General
or his/her designee determines that providing representation would
otherwise be in the interest of the United States.@ 28 C.F.R. 1 50.15(a).
A MACTF officer=s written request for representation should be directed to
the Attorney General and provided to the Chief Division Counsel (CDC) of
the FBI division coordinating the MACTF. The CDC will then forward the
representation request to the FBI=s Office of the General Counsel (OGC)
together with a Letterhead memorandum concerning the factual basis for
the lawsuit. FBI/OGC will then forward the request to the Civil Division of
DOJ together with an agency recommendation concerning scope of
employment and Department representation. 28 C.F.R. 1 50.15(a)(3).
If a MACTF officer is found to be liable for a constitutional tort, he/she may
request indemnification from DOJ to satisfy an adverse judgment rendered
against the employee in his/her individual capacity. 28 C.F.R. I 50.15(c)(4).
The criteria for payment are substantially similar to those used to determine
whether a Federal employee is entitled to DOJ representation under 28
C.F.R. 1 50.15(a).
11
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
47
18) DURATION
The term of this MOU is for the duration of the MACTF=s operations, but
may be terminated at any time upon written mutual consent of the agencies
involved.
Any participating agency may withdraw from the MACTF at any time by
written notification to the SSA with designated oversight for investigative
and personnel matters or program manager of the MACTF at least 30 days
prior to withdrawal.
Upon termination of this MOU, all equipment provided to the MACTF will be
returned to the supplying agency/agencies. In addition, when an entity
withdraws from the MOU, the entity will return equipment to the supplying
agency/agencies. Similarly, remaining agencies will return to a withdrawing
agency any unexpended equipment supplied by the withdrawing agency
during any MACTF participation.
19) MODIFICATIONS
This agreement may be modified at any time by written consent of all
involved agencies.
Modifications to this MOU shall have no force and effect unless such
modifications are reduced to writing and signed by an authorized
representative of each participating agency.
12
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
48
Special Agent in Charge
Federal Bureau of Investigation
Miami, Florida
Date
13
49
Commissioner Director
Florida Dept. of Law Enforcement
Tallahassee, Florida
Date
14
50
Special Agent in Charge
U.S. Environmental Protection
Agency-OIG
Atlanta, Georgia
Date
15
51
United State~ Attorney
U.S. Attorney's Office-SDFL
Miami, Florida
Date
16
52
Special Agent in Charge
U.S. Dept. of Housing and Urban
Development -OIG
Miami, Florida
Date
17
53
Special Agent in Charge
Internal Revenue Service-CID
Miami, Florida
Date
18
54
RESOLUTION No.-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY, ON BEHALF OF ITS POLICE DEPARTMENT, AND THE FEDERAL
BUREAU OF INVESTIGATION, MIAMI AREA CORRUPTION TASK FORCE, FOR
THE PURPOSE OF IDENTIFYING AND PROSECUTING PUBLIC OFFICIALS AND
LAW ENFORCEMENT OFFICERS AT THE FEDERAL, STATE, AND LOCAL LEVELS
OF GOVERNMENT INVOLVED IN PUBLIC CORRUPTION THROUGHOUT THE
SOUTHERN DISTRICT OF FLORIDA.
WHEREAS, the Miami Division of the Federal Bureau of Investigation (FBI) has established the Miami
Area Corruption Task Force (MACTF), for the purpose of maximizing inter-agency cooperation and formalize
relationships between the participating agencies for policy guidance, planning, training, and public/relations
relative to public corruption; and
WHEREAS, the MACTF is comprised of a specialized group of Federal, State, and local investigators
and prosecutors responsible for investigating and prosecuting significant public corruption throughout the
Southern District of Florida; and
WHEREAS, the MACTF enhances the effectiveness of Federal, State and local law enforcement
resources through well-coordinated initiatives, seeking the most effective investigative and prosecution -
avenues by which to convict and incarcerate individuals involved in public corruption; and
WHEREAS, the Miami Beach Police Department's participation in the MACTF is a mutually beneficial
partnership that establishes an ongoing relationship between these two law enforcement entities, provides for
increased investigative resources and capabilities, improves the effectiveness of the Miami Beach Police
Department's law enforcement activities in investigating public corruption, and demonstrates the FBI's
confidence and trust in our Police Department's leadership and investigative staff; and
WHEREAS, the City of Miami Beach, on behalf of the Miami Beach Police Department, and the Federal
Bureau of Investigation, wishes to execute a Memorandum of Understanding, commencing upon the
signatures of all parties, and remaining in effect for the duration of the City's participation in the MACTF; and
WHEREAS, the Miami Beach Police Department shall appoint a sworn officer on a full time basis to the
MACTF to work in conjunction with Federal, State, and local law enforcement personnel in identifying, locating
and apprehending individuals who are involved in public corruption.
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 thereby authorize the City Manager
and City Clerk to execute a Memorandum of Understanding between the City of Miami Beach, on behalf of the
Miami Beach Police Department, and the Federal Bureau of Investigation, Miami Area Corruption Task Force,
for the purpose of Identifying and prosecuting public officials and law enforcement officers at the Federal, State
and local levels of government involved in public corruption throughout the Southern District of Florida.
PASSED and ADOPTED this---day of-----' 2012.
MAYOR
ATTEST:
CITY CLERK
55
APPROVED AS TO
FORM & LANGUAGe
lr"FO EXECUTION
PARTIES:
TERM:
TERMINATION:
SCOPE:
DRAFT SCOPE OF SERVICES
INSPECTOR GENERAL SERVICES
City of Miami Beach
ATTACHMENT 2
Miami-Dade County, on behalf of the Miami-Dade County Office of the Inspector
General (MDCOIG)
Three (3) years from date of execution by all parties.
Renewable for an additional term, as such additional term is determined and agreed
upon by both Parties.
May be terminated for any reason, including convenience, by either party by thirty (30)
days' written notice to the other party.
The term "Inspector General" when standing alone hereinafter shall refer to the Inspector General for the City
whose role is being fulfilled by the MDCOIG pursuant to the terms of this Agreement.
a. Subject to the limitations provided herein, the MDCOIG is authorized to serve as the Inspector General for
the City during the term of this Agreement.
b. The organization and administration of the MDCOIG shall be sufficiently independent to assure that no
interference or influence external to the MDCOIG adversely affects the independence and objectivity of the
Inspector General.
c. The MDCOIG shall have the authority to make investigations of City programs, accounts, records,
contracts and transactions as further set forth in this Agreement, and the power to review past, present and
proposed City programs, accounts, records, contracts and transactions, as further set forth in this
Agreement.
d. The MDCOIG shall have the power to require reports and the production of records from the Mayor,
Commission, City Manager, City officers and employees, regarding any matter within the jurisdiction of the
MDCOIG. Any files or reports relating to litigation that are subject to attorney-client or other privilege shall
not be subject to disclosure to the MDCOIG.
e. The Inspector General shall be authorized to conduct any reviews, audits, inspections, investigations or
analyses relating to departments, offices, committees, activities, programs and agencies of the City of
Miami Beach, including reviews of employee compliance with established policies and/or standard
operating procedures of the City.
f. The MDCOIG shall be authorized to conduct any reviews, audits, inspections or analyses relating to the
operations of departments or divisions of the City with regulatory oversight of city codes such as, but not
limited to, fire, parking, planning and zoning, building, property maintenance, noise, etc., and/or state or
federal codes including, but not limited to, state building and fire codes, federal ADA requirements, etc.,
including reviews of employee compliance with established policies and/or standard operating procedures
for their regulatory departments or divisions of the City. Such reviews, audits, inspections or analyses shall
be in accordance with any Collective Bargaining Rights, Personnel Rules, and other Federal and State
guidelines regarding employee rights.
56
g. The MDCOIG may, on a random basis, perform audits, inspections and reviews of City contracts, and shall
be deemed the City's designee for any audits, inspections, and reviews of City contracts provided for under
the terms of those City contracts.
h. The MDCOIG shall have the power to audit, investigate, monitor, inspect, and review the operations,
activities and performance of the procurement process for contracts, including, but not limited to, how bid
specifications were established; how the bid process was managed; and the activities of the prospective
bidder, its officers, agents and employees, lobbyists, City staff, and elected officials; in order to ensure
compliance with the City's established procurement procedures and any other State, County or City law or
ordinance relating to procurement that is applicable to the City.
i. Notwithstanding the above, the MDCOIG shall have the power to review and investigate any citizen's
complaints regarding City projects, programs, contracts, transactions, and employee misconduct, including
misconduct by employees involved in regulatory oversight functions. Such review and investigation shall be
in accordance with any Collective Bargaining Rights, Personnel Rules, and other Federal and State
guidelines regarding employee rights.
j. The MDCOIG may exercise any of the responsibilities, functions and authorities contained in the
Agreement upon his or her own initiative.
k. The MDCOIG shall be notified in writing prior to any meeting of an evaluation or negotiation committee
where any matter relating to the procurement of goods or services by the City is to be discussed. Th~
notice required by this section shall be given to the MDCOIG as soon as possible after a meeting has been
scheduled, but in no event later than twenty-four hours prior to the scheduled meeting; said notice may be
provided via electronic mail. The MDCOIG may, at his or her discretion, attend all duly noticed City
meetings relating to the procurement of goods or services as provided herein, and may pose questions and
raise concerns consistent with the functions, authority and powers of the Inspector General. An audio tape
recorder shall be utilized to record all applicable evaluation and negotiation committee meetings.
The Mayor and Commission, City Manager, City Attorney, City's Internal Auditor and Miami Beach Police will
cooperate with the MDCOIG to achieve the goals of preventing and detecting fraud, waste, financial
mismanagement, employee misconduct or other abuses, and promoting accountability, integrity, economy, and
efficiency in government.
The MDCOIG will not, whenever possible, duplicate the work of the City's Internal Auditor, Miami Beach Police
Department Internal Affairs Division, Miami Beach Human Resources Department, City Commission, City
Manager and City Attorney, or of the State Attorney's Office or Miami-Dade County Commission on Ethics. It is
understood, however, that the MDCOIG's audits, investigations, inspections and reviews may from time to time
address the same or similar issues or activities being reviewed by the aforementioned entities. In such cases,
the MDCOIG's audits, investigations, inspections and reviews will be conducted separately and independently
from those entities, and upon conclusion, the MDCOIG, where appropriate, will refer the disposition or
finalization of any audit, investigation, inspection or review to the appropriate City entity for any additional
action.
REPORTING: The MDCOIG shall provide an annual report to the City on the prior year's activities.
STAFF & SUPPORT: All MDCOIG staff to remain staff of the MDCOIG
City may assign City staff to support MDCOIG
FEES:
City to provide office space and office essentials (desks, phones, etc).
Flat annual fee for service.
Initial annual fee to be negotiated.
Subsequent annual budget request to be submitted and approved by the City as part of
annual City Budget process.
57
RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER
AND CITY ATTORNEY TO NEGOTIATE AN AGREEMENT WITH MIAMI-DADE
COUNTY, ON BEHALF OF THE MIAMI-DADE COUNTY OFFICE OF THE
INSPECTOR GENERAL (MDCOIG), TO AUTHORIZE THE MDCOIG TO PROVIDE
INDEPENDENT INVESTIGATIONS INTO CITY PRACTICES AND OPERATIONS IN
ORDER TO PREVENT AND DETECT FRAUD, WASTE, FINANCIAL
MISMANAGEMENT, EMPLOYEE MISCONDUCT, OR OTHER ABUSES.
WHEREAS, Section 163.01, Florida Statutes, the "Florida lnterlocal Cooperation Act of 1969,"
authorizes public agencies to enter into interlocal agreements for mutual benefit, except that no such
agreement shall authorize the delegation of constitutional, statutory or Charter duties of city officers; and
WHEREAS, the home rule powers under Chapter 166.021, Florida Statutes, authorizes the City
to exercise any power except as expressly prohibited by the State Constitution or general law, and
Section 2.03 of the City Charter empowers the City Commission to "investigate the official acts and
conduct of any City official, and by similar investigations may secure information upon any matter"; and
WHEREAS, the City seeks to hire an Inspector General that would be authorized, on behalf of ·
the City, to conduct independent audits and investigations into City practices and operations, in order to
prevent and detect fraud, waste, financial mismanagement, or other abuses, and promote accountability,
integrity, economy, and efficiency in government; and
WHEREAS, the County has already established the Miami-Dade County Office of the Inspector
General (MDCOIG); and
WHEREAS, the County and the City recognize that, given the knowledge, experience, and ability
of the staff of the MDCOIG in conducting investigations into government waste, fraud, or
mismanagement 1 it will serve the public interest to enter into an agreement with the MDCOIG in order to
accomplish all of the goals set forth in this resolution.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MAIMI BEACH, FLORIDA that the Mayor and City Commission hereby authorize the City
Manager and City Attorney to negotiate an agreement with Miami-Dade County, on behalf of the Miami-
Dade County Office of the Inspector General( MDCOIG), and the City, to authorize the MDCOIG to
provide independent investigations into City practices and operations, in order to prevent and detect
fraud, waste, financial mismanagement, employee misconduct, or other abuses.
PASSED and ADOPTED this_ day of-----' 2012.
ATTEST: MAYOR
CITY CLERK
58
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
5-1-\1_.,
om~(t_-Date
MIAMI-DADE CoUNTY
COMMISSION ON Ennes & PuBuc TRusT
Mayor and City Commission
Miami Beach City Hall
1700 Convention Center Drive
Miami Beach, FL 33139
May 2, 2012
Re: Ethics Training
Honorable Mayor and City Commissioners:
ATTACHMENT 3
In response to the request of the City of Miami Beach, the Miami· Dade
Commission on Ethics and Public Trust submits its proposal for a comprehensive
ethics training program for regulatory employees.
The attached program includes multiple sessions of intensive and interactive
training for all employees and supervisors engaged in the areas of fire inspection,
parking enforcement, building inspection, code enforcement, and planning, which
comprises wproximately 223 staff. We are prepared to conduct and conclude this
training within six months of executing a final agreement for same under mutually
agreed upon conditions.
We are available to discuss this proposal further at your convenience and
look forward to meeting with you.
~'-b'T//'--,;~l·· ~
ep M. Centorino
xecutive Director and General Counsel
Miami· Dade Commission on Ethics and Public Trust
59
PROPOSAL FOR CITY OF MIAMI BEACH ETHICS TRAINING
The Miami·Dade Commission on Ethics and Public Trust submits the following
proposal for ethics training for 223 City of Miami Beach employees and supervisors
engaged in regulatory enforcement. This proposal is for an intensive training
program to be completed within six months of implementation. Class size should
not exceed 50.
Sessions:
1) Introduction to Ethics: Interactive Lecture/Discussion led by Ethics
Commission personnel focusing on public service ethics, governmental
organizational culture and professionalism. (1 hr)
2) Detailed presentation of Miami· Dade County and City of Miami Beach Code
of Ethics requirements for public employees, emphasizing gift, conflict of
interest, and exploitation provisions particularly relevant to regulatory
personnel, illustrated with case examples. (4 hrs)
3) Presentation/Discussion of legal and administrative consequences of
illegal/unethical activity by public servants, including participation of a
former City of Miami Beach official whose misconduct led to termination.
(1 hr)
4) Presentation on the law of Bribery, including a discussion of illustrative
criminal cases from Miami· Dade County and elsewhere. (1 hr)
5) Presentation/Discussion on the special integrity challenges presented by the
regulatory environment in Miami Beach, including a presentation by a
retired management level employee of a local municipality. (1 hr)
6) Interactive group discussion led by Ethics Commission personnel based on 6
hypothetical scenarios directly relevant to issues confronting regulatory
personnel. (2 hrs)
May 2, 2012
60
7) "Train the trainer" program for supervisory level personnel, addressing the
need for an ongoing strategy necessary for building an ethical organizational
culture, with oversight controls and in-service ethics training within their
respective departments. (2 hrs)
8) Private, confidential one-on-one sessions to be conducted with all regulatory
employees by Ethics Commission staff to discuss and address past and future
ethical concerns raised by their personal and professional experiences, with
an invitation for them to suggest changes and/or improvements in the
workplace that each employee feels would lead to a stronger ethical climate.
(112 hr each)
9) Final Report prepared by Ethics Commission staff summarizing all training
sessions, with recommendations for follow-up training and for
implementation of long-term management strategies to prevent future
corruption.
Cost Estimate: $45,000
Proposal for City of Miami Beach Ethics Training
May2,2012
2
61
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 AN AGREEMENT IN THE NOT TO EXCEED AMOUNT OF
$45,000, WITH MIAMI-DADE COUNTY, FLORIDA, ON BEHALF OF THE MIAMI-
DADE COUNTY COMMISSION ON ETHICS AND PUBLIC TRUST, TO DEVELOP
AND PROVIDE A COMPREHENSIVE ETHICS TRAINING PROGRAM FOR CITY
EMPLOYEES WHO HOLD POSITIONS THAT ARE IN REGULATORY AREAS OF
THE CITY.
WHEREAS, on April 13, 2012, the City Manager contacted the Miami Dade County
Commission on Ethics and Public Trust (Commission on Ethics) and spoke to Executive
Director and General Counsel Joseph M. Centorino about having the Commission on Ethics
assist the City of Miami Beach with ethics training for all city employees; and
WHEREAS, It was requested that this training first focus on, and be provided to, those
City employees who work in any of the City's regulatory areas; and
WHEREAS, on April 19, 2012, Mayor Matti Herrera Bower, the City Manager and other
City staff met with several senior-level staff members from the Commission on Ethics to discuss
the comprehensive ethics training; and
WHEREAS, The Commission on Ethics has proposed a comprehensive training
program which includes multiple sessions over a six month period of intensive and interactive
training for all employees and supervisors engaged in the regulatory areas of the City in (1) fire
inspection; (2) parking enforcement; (3) building inspection; (4) code enforcement; and (5)
planning (includes nearly 230 City employees); and
WHEREAS, The cost estimate for the proposed training by the Commission on Ethics is
$45,000 and given that there are approximately 230 employees that would participate in all of
the training5r/the per-person cost for the six month period would be approximately $200 per
employee.
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 Mayor and City Clerk to execute an Agreement,
in the not to exceed amount of $45,000, with Miami Dade County, Florida, on behalf of the
Miami-Dade County Commission on Ethics and Public Trust, to develop and provide a
comprehensive ethics training program for City employees who hold positions that are in
regulatory areas of the City.
PASSED and ADOPTED this, the ___ day of------'' 2012.
MAYOR
ATTEST:
CITY CLERK
T:\AGENDA\2012\5-9-12\EthicsTrainingRESO rev.doc 6 2
ATIACHMENT4
DRAFT SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT (PSA) FOR SERVICES RELATED TO
THE EXTERNAL AUDITING THE PROCESSES OF CERTAIN REGULATORY
DEPARTMENTS OR DIVISIONS
TERM: One ( 1) year from date of execution by all parties;
Completion of first phase of reviews within 120 days of contract execution, with separate
final reports to follow on each individual area of review within 30 days.
TERMINATION: PSA may be terminated for any reason, including convenience, by either party by thirty
(30) days' written notice to the other party.
SCOPE:
• Review organizational structure and functions
\:.
• Review internal controls
• Review department/division processes (including uses of technology)
• Review department/division operations
• Development recommendation: process improvement, internal controls, efficiencies, etc.
Audit focus:
• Code Compliance Division*
• Fire Inspection process*
• Parking Enforcement Division*
• Fire Prevention Division (permitting processes only)
• Public Works Department (permitting processes only)
• Planning_Department (permitting process, concurrency fees, impact fees and other related areas),
• Special Master Process
*to be completed within the first 150 days following engagement; timeline for balance of areas
FEES: Fee to be negotiated; not to exceed $150,000.00.
63
RESOLUTION NO. ___ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, WAIVING, BY 5/7THS VOTE, THE COMPETITIVE
BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN AN
AMOUNT NOT TO EXCEED $150,000, WITH A QUALIFIED FIRM FOR SERVICES
RELATED TO AUDITING THE PROCESSES OF CERTAIN REGULATORY
DEPARTMENTS OR DIVISIONS.
WHEREAS, at the April 16, 2008 City Commission Meeting, the Commission authorized the
hiring of an outside auditor to perform an audit of the operations and processes of the Building
Department; and
WHEREAS, at that meeting, the Commission appointed Commissioner Deede Weithorn to work
with the Administration to develop the scope of work for this process, and to assist the Administration in
identifying/selecting a firm and negotiating an agreement for services; and
WHEREAS, after meeting with various consultants, Watson Rice was subsequently selected to
perform the organizational review and operational analysis, which resulted in a report that provided
specific recommendations to improve the operations of the building development process; and
WHEREAS, similar audits for other City departments and divisions have been discussed
since then, including for the Capital Improvements Projects Office, Code Compliance Division and
Parking Enforcement; and
WHEREAS, based on the recent arrests of Code Compliance and Fire Inspection employees, the
Administration is recommending that the City immediately initiate a similar process for selecting and
entering into a professional services agreement with a consultant to conduct an external audit of the
processes, internal controls, organizational structure and operations of the Code Compliance Division,
Fire Inspection process, Parking Enforcement Division, as well as the Fire Prevention Division, Public
Works Department (permitting processes only), Planning Department (permitting process, concurrency
fees, impact fees and other related areas), and Special Master Process.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission waive, by 5/7ths vote, the
competitive bidding requirement, finding such waiver to be in the best interest of the City, and authorize
the City Manger to negotiate and execute a professional services agreement, in an amount not to exceed
$150,000, with a qualified firm for services related to auditing the processes, internal controls,
organizational structure and operations of certain regulatory departments or divisions.
PASSED and ADOPTED this ___ day of ______ , 2012.
ATTEST:
CITY CLERK MAYOR
T:\AGENDA\2012\5-9-12\Post Arrest Action Plan Audit Services Reso.doc
64
APPROVED AS TO
FORM & LANGUAGE
& F R EXECUTION