20120606 BMMIAMI BEACH
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention~enter Drive
June 6, 2012
Mayor Matti Herrera Bower
Vice-Mayor Jerry Libbin
Commissioner Jorge R. Exposito
Commissioner Michael Gongora
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.
Special note: In order to ensure adequate public consideration, if necessary, the Mayor and City
Commission may move any agenda item to the alternate meeting date which will only be held if needed.
In addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting
without reaching all agenda items.
Call to Order-9:00 a.m.
Inspirational Message, Pledge of Allegiance
Requests for Additions, Withdrawals, and Deferrals
The City Commission will recess for lunch at approximately 1 :00 p.m.
Presentations and Awards Regular Agenda
PA Presentations and Awards R2 Competitive Bid Reports
R5 Ordinances
Consent Agenda R7 Resolutions
C2 Competitive Bid Reports R9 New Business & Commission Requests
C4 Commission Committee Assignments R 1 0 City Attorney Reports
C6 Commission Committee Reports
C7 Resolutions Reports and Informational Items
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
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Commission Agenda, June 6, 2012
Presentations and Awards
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 -Competitive Bid Reports
C2A Request For Approval To Award Contracts To Lehigh Outfitters, LLC; Safety Shoe Distributors;
Global Trading, Inc.; And Paradise Sunshine Sports Development, Pursuant To Invitation To Bid
(ITB) No. 25-11/12, For The Purchase Of Public Safety Shoes, In The Estimated Annual Amount
Of $67,817.70.
(Citywide/Procurement)
C2B Request For Approval To Award Contracts As Primary Vendors To Personally Yours Lawn
Service, Inc.; Jerry's Custom Landscaping, Inc.; C & M Landscaping, Inc.; And Elan Lawn And
Landscape Service, Inc. For Mowing; And Secondary Vendors To Groundkeepers, Inc. And
Superior Landscaping & Lawn Service, Inc. For Pool Cleaning, Pool Pumping Removal Of
Rodents, And Removal Of Beehives, Pursuant To Invitation To Bid (ITB) No. 21-11/12, For
Citywide Lot Clearance Services.
(Code Compliance/Procurement)
C2C Request For Approval To Extend On A Month To Month Basis, The Street Lighting Maintenance
And Service Agreement With Under Power Corporation, Which Expired On May 31, 2012; With
Said Extension Commencing Retroactively On June 1, 2012, And Terminating, For Convenience
And Without Cause, At Such Time As A New Contract Is Entered Into With A Successful Bidder,
Following A Successful Bidding Process.·
(Public Works/Procurement)
C2D Request For Approval To Award Contracts To Equipment And Tools Solutions, Inc., Hertz
Equipment Rentals Corporation, Sunbelt Rentals, Inc., And United Rentals (North America), Inc.,
Pursuant To Invitation To Bid (ITB) No. 29-11/12, For The Rental Of Construction Equipment, In
The Annual Estimated Amount Of $20,000 For Fiscal Year 2011/2012, And $70,000 Annually For
Subsequent Fiscal Years.
(Public Works/Procurement)
C2E Request For Approval To Issue A Request For Proposals (RFP) For Cost Allocation Studies For
The City Of Miami Beach.
(Budget and Performance Improvement)
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Commission Agenda, June 6, 2012
C4 -Commission Committee Assignments
C4A Referral To Planning Board-RM-2 Regulations: Accessory Use Regulations To Permit A Limited
Number Of Commercial Accessory Uses In An Apartment Building Adjacent To A Public Baywalk
To Be Open To The Public.
(Requested by Edward L. Tobin And Land Use & Development Committee)
(Legislative Tracking: Planning Department)
C4B Referral To Planning Board-Parking Requirements To lncentivize Hotel Development.
(Requested by Commissioner Jonah Wolfson And Land Use & Development Committee)
(Legislative Tracking: Planning Department)
C4C Referral To Planning Board-Changing The Permitted Uses In A CD-2 District To Allow For Self
Storage.
(Requested By Vice-Mayor Jerry Libbin And Land Use & Development Committee)
(Legislative Tracking: Planning Department)
C4D Referral To The Land Use And Development Committee And The Finance And Citywide Projects
Committee -Discussion Regarding The Appropriateness Of Granting A Perpetual Sub-Surface
Easement To Collins 3300, LLC And 3420 Collins Avenue, LLC, Owners Of The Properties
Located At 3301 Indian Creek Drive, 3400 Collins Avenue And 3420 Collins Avenue, For A
Proposed Subsurface Parking Garage, That Spans The Entire Width Of The 50-Foot Public Right
Of Way Of 34th Street For A Length Of Approximately 93 Feet.
(Public Works)
C4E Referral To The Land Use And Development Committee And The Neighborhood/Community
Affairs Committee -Discussion Regarding An Agreement With Marriott Seville, For Improvements
To And The Maintenance Of The 29th Street End And Traffic Circle And For The Construction Of
A Portion Of The Beachwalk.
(Public Works)
C4F Referral To The Neighborhood/Community Affairs Committee - A Resolution Approving And
Authorizing The Mayor And City Clerk To Execute Temporary License Agreements, Permanent
Easement Agreements, And A Storm Water Pump Stations And Pollution Control Structures
Maintenance Memorandum Of Agreement, In Substantially The Attached Forms, With The
Florida Department Of Transportation, For The Construction, Harmonization, And Maintenance
Of Proposed Improvements As Part Of The State Road 907/Aiton Road Project From 5th Street
To Michigan Avenue.
(Public Works)
C4G Referral To The Finance And Citywide Projects Committee-Discussion On Water Conservation
Methods And The Implementation Of Same.
(Requested by Commissioner Jonah Wolfson)
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Commission Agenda, June 6, 2012
C4 -Commission Committee Assignments (Continued)
C4H Referral To The Land Use And Development Committee -Discussion Of RFP For Tennis
Maintenance And Bifurcating Maintenance And Operations.
(Requested by Commissioner Jonah Wolfson)
C6 -Commission Committee Reports
C6A Amended Report Of The Capital Improvement Projects Oversight Committee Meeting On March
19, 2012: 1) Attendance. 2) Review And Acceptance Of Minutes. 3) Accomplishments:
Completion Of Fire Station #2 Historic Building And Hose Tower. 4) Public Comments. 5) Old
Business/Requested Reports: 5a) Status Report: Normandy Isle Neighborhood; 5b) Discussion:
Biscayne Point Neighborhood Improvement Project; 5c) Status Report: Sunset Islands I & II; 5d)
Status Report: Sunset Island Ill & IV; 5e) Status Report: Lower North Bay Road; 5f) Status
Report: Venetian Island; 5g) Status Report: Palm & Hibiscus Island Undergrounding. 6)
Commission Items: 6a) RFQ For Construction Management Service; 6b) Flamingo Park Tennis
Center Project; 6c) Collins Park Garage.
C6B Report Of The Land Use And Development Committee Meeting Of May 16, 2012: 1) Board
Member Qualifications And Categories. 2) Discussion On The Parking Requirement And How We
Can lncentivize For Good Hotel Development. 3) Discussion On RM-2 Zoning District
Regulations. 4) Discussion Of Jurisdiction Of Land Use Boards Over Appeals. 5) Discussion Of
Procedures For Obtaining Informal Opinions And Formal Administrative Determinations From The
Planning Director. 6) Discussion Regarding Changing The Permitted Uses In A CD-2 District To
Allow For Self Storage. 7) Follow-Up Discussion Of Controlled, Limited And Attentive Off-Leash
Hours At Pine Tree Park 8) Discussion On Artificial Grass At Hotels And Homes And The
Planning Department Procedure For Approving Same. 9) Discussion Regarding A Resolution By
The Historic Preservation Board To Modify The Code Governing The Voluntary Designation Of
Single Family Homes. 1 0) Reduced Parking Rates For Hotel Employees. 11) Discussion
Regarding Not Charging Double Permit Fees For People Who Come Forward And Request
Permits For Work Done Without A Permit. 12) Discussion Concerning The Terminal Island Traffic
Study And Circulation Study. 13) Discussion On Ways To Enhance The Land Use Boards Of
Miami Beach In Order To Improve The City Of Miami Beach Building And Planning Department
And Processes. 14) Request From City Attorney's Oversight Committee For Referral To Land
Use And Development Committee To Discuss Amendment To Section 30-36, Appointment Of
Chief Special Master.
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Commission Agenda, June 6, 2012
C6 -Commission Committee Reports (Continued)
C6C Report Of The Finance And Citywide Projects Committee Meeting On May 17, 2012: 1)
Discussion Regarding New Recycling Bins Throughout The ROW On The Beach. 2) Discussion
Regarding A Renewal Of The Current Management Agreement Between The City Of Miami
Beach And The Miami Beach Garden Conservancy For The Management And Operation Of The
Botanical Garden; As Well As A Proposal To Increase The Rental Rates For Use Of The Facility.
3) Discussion Regarding The Issuance Of A Request For Proposals (RFP) For The Management
And Operation Of Street Markets In Miami Beach At Various Locations. 4) A Discussion
Regarding Approving A Second Amendment To The Retail Lease Agreement By And Between
The City Of Miami Beach, The Miami Beach Redevelopment Agency (RDA) And Penn 17, LLC
(Lessee), Involving The Lease Of Ground Floor Retail Space At The Pennsylvania Avenue
Garage. 5) Discussion Regarding A Resolution Authorizing The City Manager To Solicit The
Services Of A Qualified Firm(s) To Audit The Processes Of Certain Regulatory Departments Or
Divisions. 6) Discussion Regarding Memorandum Of Understanding Between The City, On Behalf
Of The Police Department, And The Federal Bureau Of Investigation, Miami Area Corruption
Task Force.
C6D Report Of The Neighborhood/Community Affairs Committee Meeting On May 22, 2012: 1)
Discussion Regarding A Draft Ordinance That Regulates Private Parking Lots Or Facilities With
Automated Pay Machines. 2) Discussion Regarding Security Cameras. 3) Discussion And Update
On The Citywide Dunes Maintenance Plan. 4) Follow-Up Discussion And Request For Direction
Concerning The Continuation Or Termination Of The Dog Off-Leash Pilot Program Approved By
The City Commission In South Pointe Park. 5) Discussion Regarding The Implementation Of A
"See It, Report It" Campaign To Facilitate And Expedite The Reporting Of Code Compliance And
Non-Emergency Police Issues. 6) Discussion Regarding Prohibition Of Cat Feeding In Miami
Beach City Parks. 7) Discussion Regarding The Impact Of A Proposed Development And
Construction Of The West Avenue Bridge Project In Regards To Option 3. 8) Discussion
Regarding The Consideration Of An Agreement Between The City And Temporary Entertainment,
LLC, For The Presentation Of "Orchid", A Live Theatrical And Musical Performance Within A
Spiegeltent And The Installation Of Ancillary Food And Beverage Services And Entertainment
Areas, To Be Located At The Collins Park Spoil Area, Between 21 51 And 22nd Streets. 9)
Discussion Regarding A Resolution Granting And Authorizing The Mayor And City Clerk To
Execute An After-The-Fact Revocable Permit To ASR Berwick Family LTD Partners, As Owner
Of The Commercial Property Located At 335 West 4ih Street, To Retain AIC Units, A Utility
Room, And A Trash Enclosure, Currently Placed Within The Public City Right-Of-Way On West
4yth Court.
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Commission Agenda, June 6, 2012
C7 -Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit Grant
Applications To: 1) Miami-Dade County For FY 2013 Edward Byrne Memorial Justice Assistance
Grant Program Funds In The Approximate Amount Of $9,114 For The Police Department's E-
Ticketing Initiative; 2) The U.S. Department Of Energy, National Energy Technology Laboratory,
Office Of Energy Efficiency And Renewable Energy, Clean Cities-Implementation Initiatives To
Advance Alternative Fuel Markets Program, For Funding In The Approximate Amount Of
$250,000 For The City's Alternative Vehicle Fuels Program; And, 3) Florida Department Of
Transportation, Public Transit Service Development Program, For Funding In The Approximate
Amount Of $1,731,000 Over Three Years For The City's North/Middle Beach Circulator;
Appropriating The Above Grants, Matching Funds And City Expenses, If Approved And Accepted
By The City, And Authorizing The Execution Of All Documents Related To These Applications;
Appropriating The Above Grants If Approved And Accepted By The City, And Authorizing The
Execution Of All Documents Related To These Applications.
(Budget & Performance Improvement)
C7B A Resolution Approving And Authorizing The City Manager Or His Designee To Execute A
Federally Funded Subgrant Agreement, On Behalf Of The Talmudic University (University), With
The State Of Florida, Division Of Emergency Management (OEM), For Federal Funding From
The U.S. Department Of Homeland Security, Federal Emergency Management Agency (FEMA),
Pre-Disaster Mitigation Program In An Amount Not To Exceed $706,825.12, For The Windstorm
Hazard Mitigation Project At The Talmudic University Located At 4000 Alton Road, Miami Beach,
With The Aforestated Scope Of Work To Be Undertaken And Completed By The University;
Further Authorizing The City Manager Or His Designee To Negotiate And Execute A
Memorandum Of Understanding Between The City And Talmudic University, Whereby The
University Agrees To Be Solely And Completely Responsible For Prosecuting And Completing
The Aforestated Scope Of Work In Accordance With The Terms And Conditions Of The Subgrant
Agreement (As If It Were A Party Thereto), And Whereby The University Further Agrees To
Indemnify And Hold The City Harmless From Any Liability Under The Subgrant Agreement.
(Budget & Performance Improvement)
C7C A Resolution Electing Commissioner Jorge R. Exposito, Group II, As Vice-Mayor For A Term
Commencing On July 1, 2012, And Terminating On October 31, 2012, Or On Such Date When A
New Vice-Mayor Is Thereafter Elected.
(City Clerk's Office)
C7D A Resolution Retroactively Approving And Authorizing The Acceptance Of A Total Of Seven
Thousand Eight Hundred Dollars ($7,800) In Cash And In-Kind Donations From The Sponsors
Set Forth In This Resolution, Made To The City For Health Fair And Bingo Night For Seniors, A
Free Informative And Entertainment Event Held On May 22, 2012; And Further Appropriating
Said Funds; And Also Accepting And Authorizing The City Manager Or His Designee To Make
Such Expenditures And/Or Reimbursements From The Aforestated Donations, In Furtherance Of
And Consistent With The Aforestated Event.
(Community Services)
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Commission Agenda, June 6, 2012
C7 ·Resolutions (Continued)
C7E A Resolution Supporting The Miami-Dade County League Of Cities' (MDCLC) Priorities
Regarding The Municipal Distribution Of The People's Transportation Plan Surtax Funding;
Authorizing The Administration To Represent The City Of Miami Beach During Negotiations
Between The MDCLC And Miami-Dade County; And Further Reaffirming The City's Position That
Surtax Funding For Newly Incorporated Municipalities Should Be From The County's 80% Share
Of The Surtax, As Originally Negotiated In Good Faith And Agreed To By Miami-Dade County In
2002, And As Currently Required By Miami-Dade County Ordinance 02-116.
(Economic Development)
C7F A Resolution Approving The First Year Renewal Option To The Professional Services Agreement
Between The City And RBC Dain Rauscher, Inc. (D/B/A RBC Capital Markets), Dated March 14,
2007, For Financial Advisory Services; Said Renewal Term Having Been Deemed To Commence
Retroactively On March 15, 2012, And Ending On March 14, 2013.
(Finance Department)
C7G A Resolution To Exercise The First Renewal Option With Paper Solutions, Inc. (D/B/A Partek
Solutions), And Print Media Corporation, Pursuant To Invitation To Bid (ITB) No. 27-09/10, For
The Purchase And Delivery Of Multi-Space Parking Pay Station Receipt Paper, In The Estimated
Annual Amount Of $75,000.
(Parking Department)
C7H A Resolution Accepting The Recommendation Of The City Manager To Reject All Proposals
Received Pursuant To Request For Proposals No. 23-11/12 To Provide Security Guard Services
(The RFP) And, In The Alternative, Retroactively Approving The Third Renewal Term Of Security
Alliance's Current Contract For Security Guard Services, Dated April 2, 2007, With Such Third
Renewal Term Being Effective As Of May 1, 2012, To April 30, 2013; And Further Authorizing
The Issuance Of A New Request For Proposals (RFP) For Security Guard Services, At Least Six
(6) Months Prior To Contract Expiration (Or October 1, 2012).
(Parking/Police/Procurement)
(Memorandum & Resolution to be Submitted in Supplemental}
C71 A Resolution Authorizing The City Manager, And City Clerk To Execute A Voluntary Cooperation
And Operational Assistance Mutual Aid Agreement With The City Of Miami, Florida, For The
Purpose Of Coordinating Law Enforcement Planning, Operations, And Mutual Aid Benefit
Between The City Of Miami Beach And The City Of Miami, Florida.
(Police Department)
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Commission Agenda, June 6, 2012
C7 -Resolutions (Continued)
C7J A Resolution Authorizing The City Manager Or His Designee And City Clerk To Execute A
Vehicle Purchase And Sales Agreement Between The City Of Miami Beach, On Behalf Of The
Miami Beach Police Department, And Brink's, Inc. For The Purchase Of An Armored Vehicle In
The Amount Of $10.00; Further Establishing An Amount Of $10,664 For The Conversion Of The
Armored Vehicle, And Setting Forth The Annual Expense Of $4,235 For The Maintenance Of The
Armored Vehicle; And Directing The Fleet Department To Acknowledge The Inclusion Of The
Armored Vehicle Within The City Of Miami Beach's Fleet Of Vehicles.
(Police Department/Fleet Management)
{Memorandum & Resolution to be Submitted in Supplemental)
C7K A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Firms, Pursuant To Request For Qualifications (RFQ) No. 24-11/12, For Citywide Surveying,
Topographical, And Mapping Services On An As-Needed Basis; Authorizing The Mayor And City
Clerk To Execute Agreements Upon Completion Of Successful Negotiations With The Five Top-
Ranked Proposers: Atkins North America, Inc., F.R. Aleman & Associates, Inc., Manuel G. Vera
& Associates, Inc., Miller Legg, And Woolpert, Inc.; And Further Authorizing The Mayor And City
Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The
Administration.
(Public Works/Procurement)
C7L A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Firms, Pursuant To Request For Proposals (RFP) No. 28-11/12, For Emergency Disaster
Debris Monitoring Services; Authorizing The Administration To Enter Into Negotiations With The
Two (2) Top-Ranked Proposers: O'Brien's Response Management Inc. And Science Application
International Corporation; And Further Authorizing The Mayor And City Clerk To Execute
Agreements Upon Completion Of Successful Negotiations.
(Public Works/Procurement)
C7M A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Firms, Pursuant To Request For Proposals (RFP) No. 27-11/12, For Disaster Recovery
Services; Authorizing The Administration To Enter Into Negotiations With The Top Ranked Firms
Of Ceres Environmental Services, Inc., Ashbritt, Inc, Tag Grinding Services, Inc., Byrd Brothers
Environmental Services, Inc., D&J Enterprises, Inc., And Phillips And Jordan, Inc.; And Further
Authorizing The Mayor And City Clerk To Execute Agreements Upon Conclusion Of Successful
Negotiations By The Administration; And Further Approving The City's Exercise Of A One (1)
Year Renewal Term Under The City's Current Contracts For Disaster Recovery Services With
The Following Firms: Ashbritt, Inc.; Ceres Environmental Services, Inc.; Phillips And Jordan, Inc.;
And Crowdergulf Joint Ventures, Inc. (With Such Renewal Term Commencing Retroactively On
February 1, 2012, And Ending On January 31, 2013).
(Public Works/Procurement)
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Commission Agenda, June 6, 2012
C7-Resolutions (Continued)
C7N A Resolution Approving Amendment No.2 To The Contract Between The City And Professional
Building Services, Dated August 3, 2011, For Citywide Janitorial Services; Said Amendment
Adding The Following Locations: Historic City Hall; Police Substation; North End Ocean Rescue
Headquarters; And Beachfront Restrooms; And Increasing The Contract, In The Amount Of
$22,559.63 Per Month.
(Public Works)
C70 A Resolution Approving And Authorizing The City Manager Or His Designee, To Execute A
Memorandum Of Understanding With The Miami-Dade County Public Works And Waste
Management Department That Provides For The City Of Miami Beach To Operate A Recycling
Program For Multifamily Residences And Commercial Establishments That Meets The Minimum
Standards Of Miami-Dade County Code Sections 15-2.2, 15-2.3, 15-2.4, And 15-2.5.
(Public Works)
C7P A Resolution Authorizing The Acceptance Of $1,250 Of Sponsorships Support Of The City's
Community Development Week Activities, And Further Accepting Future Sponsorships For This
Purpose, Subject To Ratification By The Mayor And City Commission; And Authorizing The City
Manager Or His Designee To Make Such Expeditures And/Or Reimbursements From The
Aforestated Sponsorship, In Furtherance Of And Consistent With The Aforestated Event.
(Real Estate, Housing & Community Development)
C?Q A Resolution Approving The Renewal Option Provided For In The Management Agreement
Between The City Of Miami Beach And The Miami Beach Garden Conservancy For The
Management And Operation Of The Miami Beach Botanical Garden, Extending The Term For An
Additional Five (5) Years, Commencing On July 1, 2012 And Ending On June 30, 2017.
(Real Estate, Housing & Community Development)
C7R A Resolution Consenting To A Subconcessionaire Agreement Of The Ice Cream Vending
Component Only Of The Concession Agreement Between Bettoli Trading Corp., And The City, To
Advance Ice Cream Vending Co.
(Real Estate, Housing & Community Development)
C?S A Resolution Authorizing The Approval And Expenditure Of $9,350 For The City's Joint Tourism
And Hospitality Scholarship Program In Partnership With Global Spectrum And Centerplate; And
Further Awarding Said Scholarships.
(Tourism & Cultural Development)
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Commission Agenda, June 6, 2012
C7-Resolutions (Continued)
C?T A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee And Approving The Substantive Terms Of A Proposed Lease Agreement Between
The City Of Miami Beach And Temporary Entertainment, LLC, For The Presentation Of "Orchid,"
A Live Theatrical And Musical Performance Within A Spiegeltent, And The Installation Of
Ancillary Food And Beverage Services And Entertainment Areas, To Be Located At The Collins
Park Spoil Area Between 21st And 22nd Streets, As More Specifically Set Forth In That Certain
Draft Agreement Attached As Exhibit "A" To This Resolution; Further Authorizing The City
Manager To Negotiate The Final Lease Agreement With Temporary Entertainment LLC, And, If
Successful, Approving And Authorizing The Mayor And City Clerk To Execute The Agreement,
Subject To And Contingent Upon The Following Conditions: 1) The Final Version Of The Lease
Shall Be Subject To Review And Sign Off By The City Attorney; And 2) In The Event That The
City And Temporary Entertainment, LLC Deem It Necessary To Include Any Substantive Terms
Which Are Not Included In The Attached Draft Agreement, Then, Prior To Finalizing The Lease,
The City Manager Shall Be Required To Report Same To The City Commission.
(Tourism & Cultural Development)
End of Consent Agenda
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Commission Agenda, June 6, 2012
REGULAR AGENDA
R5 -Ordinances
R5A Board Member Qualifications And Categories
An Ordinance Amending The Land Development Regulations Of The City Code By Amending
Chapter 118, "Administrative And Review Procedures," Article II, "Boards," Division 2, "Planning
Board," Section 118-53, "Composition;" Division 3, "Design Review Board," Section 118-72,
"Membership;" Division 4, "Historic Preservation Board," Section 118-103, "Membership;" And
118-104, "Appointment;' Division 5, "Board Of Adjustment," Section 118-131, "Membership," To
Clarify The Qualifications And Categories Of Members To Be Appointed To The City's Land Use
Boards; Providing For Repealer; Codification; Severability And An Effective Date.
10:15 a.m. Second Reading Public Hearing
(Requested By City Commission)
(Legislative Tracking: Planning Department)
(First Reading on April 11, 2012/Referred to LUDC)
R5B Recycling Ordinance
An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled "Solid Waste," By
Amending The Definitions In Article I, Entitled "In General," By Amending Section 90-2, Entitled
"Definitions"; By Amending Article II, Entitled "Administration" By Amending The Penalties For
Solid Waste Violations And To Provide Provisions And Penalties Relative To Recycling For
Multifamily Residences And Commercial Establishments; By Creating Article V, To Be Entitled
"Citywide Recycling Program For Multifamily Residences And Commercial Establishments," To
Provide Provisions For Recycling. Requirements And Enforcement, A Public Education Program,
A Warning Period, An Enforcement Date, Requirements For Recycling Contractors, Penalties,
And Special Master Appeal Procedures; Providing For Repealer, Severability, Codification, And
An Effective Date. 10:25 a.m. Second Reading, Public Hearing
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: Public Works)
(First Reading on May 9, 2012/Referred to Sustainability Committee)
R5C An Ordinance Amending The Land Development Regulations Of The City Code, Chapter 118,
"Administration And Review Procedures," By Creating A New Article XII, "Maintenance And
Security Bonds," Establishing Definitions And Requirements For Property Owners Applying For
Development Review Approval For Substantial Construction Work To Ensure That Their
Properties Are Properly Maintained And Secured Until Completion Of Work; Providing For
Codification, Repealer, Severability, And An Effective Date. 10:30 a.m. Second Reading, Public
Hearing
(Requested by Commissioner Edward L. Tobin)
(Legislative Tracking: Planning Department)
(First Reading on May 9, 2012)
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Commission Agenda, June 6, 2012
RS • Ordinances (Continued)
R5D An Ordinance Amending Chapter 70 Of The Miami Beach City Code Entitled "Miscellaneous
Offenses," By Amending Article II, Entitled "Public Places"; By Amending Division II, Entitled
"Bicycling, Skateboarding, Roller Skating, In-Line Skating, And Motorized Means Of
Transportation," By Amending Section 70-66, Entitled "Definitions," By Adding A Definition For
Bicycle Path; And By Amending Section 70-67, Entitled "Prohibited Activities," By Amending The
Prohibitions Regarding Motorized Means Of Transportation, Including Electric Personal Assistive
Mobility Devices (Also Known As Segways ), By Rewording The Provisions Therein And
Conforming The Language To State Law; By Restricting The Speed Of Electric Personal
Assistive Mobility Devices To Six (6) MPH On All City Sidewalks, Sidewalk Areas, And Bicycle
Paths; And By Prohibiting The Operation Of Electric Personal Assistive Mobility Devices On
Interior Pathways Within South Pointe Park And Collins Park; By Amending Section 70-68,
Entitled "Exemptions," By Exempting The Use Of Electric Personal Assistive Mobility Devices By
City Police And City Contracted Services From The Restrictions Of Division II; By Amending
Section 70-69, Entitled "Responsibilities Of Bicyclists And Skaters," By Adding Responsibilities
For Persons Operating Electric Personal Assistive Mobility Devices; By Amending Section 70-70,
Entitled "Penalties," To Provide For Responsibilities Of Businesses Providing Rentals And Tours
Of Electric Personal Assistive Mobility Devices; By Creating Section 70-71, To Be Entitled
"Penalties" To Provide Civil Penalties In Addition To Existing Non-Criminal Infraction Penalties
For The Violation Of Certain Provisions In Chapter 70, Article II, Division II; Providing For
Repealer; Severability; Codification; And An Effective Date. 10:35 a.m. Second Reading, Public
Hearing
(Requested by Commissioner Deede Weithorn)
(Legislative Tracking: Public Works)
(First Reading on May 9, 2012)
R5E Bicycle Rental Kiosk Advertising
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 82,
"Public Property," Article IV, "Uses In Public Rights-Of-Way," Division 6, "Prohibited Signs Over
Public Property," Section 82-414 "Permitted Signs, Shelters And Advertising In Public Rights-Of-
Way", To Permit Advertising On Bicycle Rental Kiosks As Part Of A City Bike Sharing Program;
Providing For Codification, Repealer, Severability And An Effective Date. First Reading
(Requested by Finance & Citywide Projects Committee)
(Legislative Tracking: Planning Department)
R5F An Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By
Amending Section 10-11, Entitled "Running At Large Prohibited," By Extending The Pilot Program
Off-Leash Area For Dogs In South Pointe Park Through And Including December 31, 2012,
Providing For Repealer, Severability, Codification, And An Effective Date. First Reading
(Requested by Neighborhood/Community Affairs Committee)
(Legislative Tracking: Parks & Recreation)
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Commission Agenda, June 6, 2012
R7 -Resolutions
R7 A A Resolution Setting Forth An Order [Granting Or Denying] An Appeal Request Filed By The City
Manager Of The City Of Miami Beach, On Behalf Of The City Administration, Pertaining To A
Decision Of The Design Review Board ("ORB") For The Property Located At 1 Washington
Avenue-South Pointe Park (File No. 22894). 10:20 a.m. Public Hearing
(Parks & Recreation/City Attorney's Office)
(Continued from May 9, 2012)
R7B A Resolution Granting A Revocable Permit To CG Tides, LLC, CG Tides Village, LLC, CG Tides
Village I, LLC And CG Tides Village II, LLC; 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. 10:20 a.m. Public Hearing
(Public Works)
R7C 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)
(Continued from May 9, 2012)
R70 A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No.
2 To That Certain Retail Lease Agreement By And Between The City Of Miami Beach, The Miami
Beach Redevelopment Agency And Penn 17, LLC. (Lessee), Dated September 16, 2011,
Involving The Lease Of Approximately 7,655 Square Feet Of Ground Floor Retail Space At The
Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida; Said
Amendment Providing For The Following: 1) An Abatement Of One (1) Month's Rent And
Deferring An Additional Two (2) Months' Rent To Be Paid By The Lessee In Lump Sum Or In
Thirty Six (36) Equal Monthly Installments, Commencing In The Third Year Of The Lease Term,
And Ending On The Last Day Of The Fifth Year Of The Lease Term; 2) Increasing The Size Of
The Tenant's Additional Area (Storage Space), As Defined In Section 3.11 Of The Lease, To
Include An Additional 284 Square Feet (Formerly Designated For Storage Of The Building's
Flood Panels); 3) Increasing The Charge For Common Area Maintenance (CAM) From $98,850
Per Year, To $101,690, To Reflect The Increase In The Size Of The Storage Space; And 4)
Providing For The Construction Of A New Replacement Enclosure, At The Tenant's Sole Cost
And Expense, For The Storage Of Flood Panels.
Joint Redevelopment Agency And City Commission
(Real Estate, Housing & Community Development)
13
13
Commission Agenda, June 6, 2012
R7-Resolutions (Continued)
R7E 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, State, 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 Authorizing The Administration To Negotiate A Professional Services
Agreement, In An Amount Not To Exceed $150,000, With For Services
Related To Auditing The Processes Of Certain Regulatory Departments Or Divisions; And
Should The Administration Not Be Able To Successfully Negotiate An Agreement With
_______ , Authorizing The Administration To Enter Into Negotiations With
_______ ;Authorizing The Mayor And City Clerk To Execute An Agreement
With The Successful Proposer Upon Completion Of Negotiations By The Administration.
(Police/Building/Human Resources)
(Deferred from May 9, 2012/Referred to FCWPC)
(Memorandum & Resolutions to be Submitted in Supplemental)
R7F A Resolution Pertaining To The Responses Received, Pursuant To A Request For Expression Of
Interest For The Engagement Of Qualified Recruitment Firms To Provide Professional Services In
Conjunction With The Screening And Selection Process For The New City Manager; Authorizing
The To Enter Into Negotiations With ; And Further Authorizing The
Mayor And City Clerk To Execute An Agreement Upon Completion Of Successful Negotiations.
(City Attorney's Office/Procurement)
(Memorandum & Resolution to be Submitted in Supplemental)
14
14
Commission Agenda, June 6, 2012
R7 -Resolutions (Continued)
R7G Update To The February 8, 2012 Commission Memorandum On Public Towing Permits
A Resolution Authorizing And Approving A Month To Month Extension Of The Towing Permits
With Beach Towing Services, Inc. And Tremont Towing Services, Inc., Respectively; Said
Extension Commencing On July 1, 2012, And Expiring On December 31, 2012.
(Parking Department)
R7H A Resolution Granting Two Perpetual Easements And A Temporary Construction Easement To
Miami-Dade County, For A Proposed 60-lnch Diameter Wastewater Force Main In South Pointe
Park.
(Public Works)
(Memorandum & Resolution to be Submitted in Supplemental)
R71 A Resolution Relating To City Manager Jorge M. Gonzalez.
(City Manager's Office)
(Memorandum & Resolution to be Submitted in Supplemental)
R9 -New Business and Commission Requests
R9A Board And Committee Appointments.
(City Clerk's Office)
R9A 1 Board And Committee Appointments -City Commission Appointments.
(City Clerk's Office)
R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.)
R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.)
R9C The Committee Of The Whole Will Meet During Lunch Recess Of The June 6, 2012 City
Commission Meeting At The City Manager's Office Large Conference Room To Discuss Pending
Issues With Department Directors And Assistant Directors.
(Requested by City Commission)
R9D The Committee Of The Whole Will Meet During Lunch Recess Of The June 6, 2012 City
Commission Meeting At The City Manager's Office Large Conference Room To Discuss: 1) The
Status Of The FY 2012/13 Budget; And 2) The Proposed FY 2012/13 Mayor And Commission
Office Budget.
(Budget & Performance Improvement)
15
15
Commission Agenda, June 6, 2012
R9 -New Business and Commission Requests (Continued)
R9E Discuss Selection Of Interim City Manager Appointment.
(Requested by City Commission)
R9F Discuss Whether The City Charter Should Be Amended To Provide That The Position Of City
Clerk Be Appointed By, And Report Directly To, The City Commission Or Whether The City Clerk
Remain A City Employee Who Is Hired By And Reports Directly To The City Manager.
(Requested by Commissioner Deede Weithorn)
R9G Discussion On The Status And Progress Of The Stormwater Master Plan.
(Requested by Commissioner Jonah Wolfson)
R9H Discussion Regarding Commercial Use Of Residential Property.
(Requested by Commissioner Edward L. Tobin)
R91 Discussion Regarding Limiting The Sort Of Items The Commission And City Manager Shall
Pursue In The Manager's Remaining Days.
(Requested by Commissioner Jonah Wolfson)
R9J Discuss Reviewing The Code And Repealing Laws That Are Not Necessary.
(Requested by Commissioner Jonah Wolfson)
R1 0 -City Attorney Reports
R10A City Attorney's Status Report.
(City Attorney Office)
Reports and Informational Items
Reports and Informational Items (see LTC No. 148-2012)
End of Regular Agenda
16
16
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA
THE REGULARLY SCHEDULED MEETINGS OF THE CITY COMMISSION ARE ESTABLISHED BY RESOLUTION. SCHEDULED
MEETING DATES ARE AVAILABLE ON THE CITY'S WEBSITE, DISPLAYED ON MBTV 77, AND ARE AVAILABLE IN THE CITY
CLERK'S OFFICE. COMMISSION MEETINGS COMMENCE NO EARLIER THAN 9:00 A.M. GENERALLY THE CITY·
COMMISSION IS IN RECESS DURING THE MONTH OF AUGUST.
1. DR. STANLEY SUTNICK CITIZENS' FORUM will be held during the first Commission meeting each month. The Forum is
split into two (2} sessions, 12:30 p.m. and 5:30 p.m., or as soon as possible thereafter, provided that the Commission
Meeting has not already adjourned prior to the time set for either session of the Forum. In the event of adjournment prior
to the Stanley Sutnick Citizens' Forum, notice will be posted on MBTV 77, and posted at City Hall. Approximately thirty
(30} minutes will be allocated for each session, with individuals being limited to no more than three (3} minutes or for a
time period established by the Mayor. No appointment or advance notification is needed in order to speak to the
Commission during this Forum.
2. Prior to every Commission meeting, an Agenda and backup material are published by the Administration. Copies of the
Agenda may be obtained at the City Clerk's Office on Thursday morning prior to the regularly scheduled City Commission
meeting. The Agenda and backup materials are also available on the City's website: www.miamibeachfl.gov the Thursday
prior to a regularly scheduled City Commission Meeting.
3. Any person requesting placement of an item on the Agenda must provide a written statement with his/her complete address
and telephone number to the Office of the City Manager, 1700 Convention Center Drive, 4th Floor, Miami Beach, Fl 33139,
briefly outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be
handled administratively, an appointment may be scheduled to discuss the matter with a member of the City Manager's staff.
"Requests for Agenda Consideration" will not be placed on the Agenda until after Administrative staff review. Such review will
ensure that the issue is germane to the City's business and has been addressed in sufficient detail so that the City Commission
may be fully apprised. Such written requests must be received in the City Manager's Office no later than noon on Monday of
the week prior to the scheduled Commission meeting to allow time for processing and inclusion in the Agenda package.
Presenters will be allowed sufficient time, within the discretion of the Mayor, to make their presentations and will be limited to
those subjects included in their written requests.
4. Once an Agenda for a Commission Meeting is published, persons wishing to speak on item(s} listed on the Agenda, other than
public hearing items and the Dr. Stanley Sutnick Citizens Forum, should call or come to City Hall, Office of the City Clerk,
1700 Convention Center Drive, telephone (305)673-7 411, before 5:00p.m., no later than the day prior to the Commission
meeting and give their name, the Agenda item to be discussed, and if known, the Agenda item number.
5. All persons who have been listed by the City Clerk to speak on the Agenda item in which they are specifically interested, and
persons granted permission by the Mayor, will be allowed sufficient time, within the discretion of the Mayor, to present their
views. When there are scheduled public hearings on an Agenda item, IT IS NOT necessary to register at the City Clerk's
Office in advance of the meeting. All persons wishing to speak at a public hearing may do so and will be allowed sufficient
time, within the discretion of the Mayor, to present their views.
6. If a person wishes to address the Commission on an emergency matter, which is not listed on the Agenda, there will be a
period allocated at the commencement of the Commission Meeting when the Mayor calls for additions to, deletions from, or
corrections to the Agenda. The decision as to whether or not the matter will be heard, and when it will be heard, is at the
discretion of the Mayor. On the presentation of an emergency matter, the speaker's remarks must be concise and related to a
specific item. Each speaker will be limited to three minutes, or for a longer or shorter period, at the discretion of the Mayor.
F:\CLER\CLER\CITYCLER\sutnick. v21.doc
17
CITY OF MIAMI BEACH
2012 MEETING DATES
COMMISSION MEETINGS ALTERNATE MEETINGS
January 11 (Wednesday) January 18 (Wednesday)
February 8 (Wednesday) February 15 (Wednesday)
March 21 (Wednesday) March 28 (Wednesday)
April 11 (Wednesday) April 18 (Wednesday)
May 9 (Wednesday) May 16 (Wednesday)
June 6 (Wednesday)
July 18 (Wednesday) July 25 (Wednesday)
August - City Commission in recess
September 12 (Wednesday)
October 24 (Wednesday) October 31 (Wednesday)
November 14 (Wednesday) November 21 (Wednesday)
December 12 (Wednesday) December 19 (Wednesday)
CITY CLERK’S OFFICE
LOBBYIST LIST
June 6, 2012 Commission Meeting
Lobbyist’s Name Retained by
Principal
Date
Registered
Amount
Disclosed
C7O Execute MOU w/ MDCPW - Operate Recycling Program
Eston Melton III Waste Pro of Florida, Inc. 06/06/2011 $1,000 monthly
Jason Neal Waste Management Inc. 07/12/2011 Salaried
R5B Recycling Ordinance
Eston Melton III Waste Pro of Florida, Inc. 06/06/2011 $1,000 monthly
Jason Neal Waste Management, Inc. 07/12/2011 Salaried
R7B Revocable Permit – CG Tides, LLC
Kobi Karp CG Tides, LLC 04/10/2012 $150 hourly
Michael Larkin CG Tides, LLC 04/10/2012 $450 hourly
Jennifer McConney CG Tides, LLC 04/10/2012 $150 hourly
R7G Approve Month to Month Extension of Towing Permits
Rafael Andrade Beach Towing Services 09/24/2010 No compensation
Jeffrey Buckholz Juan Rivera/Beach Towing 02/08/2012 $8,300 flat rate
David Custin Beach Towing Services 02/04/2011 $2,223 monthly
Russell Galbut Tremont Towing 05/11/2011 No compensation
Randall Hilliard Beach Towing 05/09/2011 $2,500 monthly
Neisen Kasdin Tremont Towing 03/24/2008 $500 hourly
Eston Melton II Beach Towing 05/06/2011 $1,000 hourly
David Nevel Tremont Towing 05/11/2012 $275 hourly
Kent Robbins Beach Towing 08/03/2011 $475 hourly
F:\CLER\COMMON\2012\20120509\LOBBYIST LIST.Docx
C2
COMPETITIVE BID REPORTS
21
0
N
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Award Contracts To Lehigh Outfitters, LCC; Safety Shoes Distributors, LP; Global Trading, Inc.; And
Paradise Sunshine Sport Products, Pursuant To Invitation to Bid No. 25-11/12, For The Purchase Of Public Safety Shoes In The
Estimated Annual Amount of $67,817.70
Key Intended Outcome Supported:
Attract and maintain a quality workforce.
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that 87.2% of residents, and
85% of businesses rated the appearance and maintenance of the City's public buildings as excellent or good.
Issue: I Shall the City Commission approve the award of Contracts?
Item Summary/Recommendation:
The purpose The purpose of Invitation to Bid No. 25-11/12 (the Bid) was to establish an agreement, by means of competitive sealed bids,
for the purchase of safety shoes as specified in the bid documents, on an as needed basis. This contract shall remain in effect for three
(3) years from date of contract execution by the Mayor and City Clerk, and may be renewed, by mutual agreement, for two (2) additional
one (1) year terms, if approved by the City Manager.
A Panel of representatives from using Departments reviewed and evaluated the bids received. After completing their review and
subsequent evaluation, they unanimously recommend all the following companies:
• Lehigh Outfitter, LLC ("Lehigh")
• Safety Shoe Distributors LLP, ("Safety'')
• Global Trading, Inc. ("Global")
• Paradise Sunshine Sport ("paradise")
The City's Departments have budgeted $67,817.70 for public safety shoes for FY 2011/2012. Expenditures to date this fiscal year are
$25,914.12. Therefore, the requested balance for FY 11/12 is $41,903.58.
APPROVE THE AWARD OF CONTRACTS.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount Account
Funds:
~ 1 $1,200.00 Building Department Account 011-1510-000154
2 $1,980.00 Code Compliance Account 011-1520-000154
3 $16, 000.00 Fire Department Account 011-1240-000154
4 $3,000.00 Fleet Management Account 510-1780-000154
5 $220.00 Parking Department Account 480-0461-000154
OBPI 6 $500.00 Parking Department Account 480-0462-000154
7 $5,000.00 Greenspace Management Division 011-0940-000154
8 $72.68 Recreation Division Account 011-0950-000154
9 $11,020.00 Police Department Account 168-1124-000154
10 841.23 Police Department Account 011-1130-000154
11 $635.82 Public Works Property Management Account 520-1720-000154
12 $500.00 RDA Lincoln Road Account 168-9964-000154
13 $2,244.00 Public Works Stormwater Account 427-0427-000154
14 $2,500.00 Public Works Streets 011-0840-000154
15 $4,025.00 Public Works Sewer 425-0420-000154
16 $5,000.00 Public Works Water Account 425-0410-000154
17 $4,254.75 Public Works Sanitation Account 435-0430-000154
18 $247.35 Public Works Sanitation Account 435-9968-000154
19 $747.05 Public Works Sanitation Account 435-9969-000154
20 $4,895.70 Public Works Sanitation Account 435-9962-000154
Total $41,903.58
Financial Impact Summary:
Assistant Ci
F __ JO RM __ PD
MIA.MiiBEACH 23
A·GENDA ITEM------'--
DATE--!:!~:;__:~=-
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 Jorge M. Gonzalez ~
June 6, 2012 Q U
REQUEST FOR APPROVAL TO AWARD CONTRACTS TO LEHIGH
OUTFITTERS, LLC; SAFETY SHOE DISTRIBUTORS; GLOBAL TRADING,
INC.; AND PARADISE SUNSHINE SPORTS DEVELOPMENT, PURSUANT
TO INVITATION TO BID (ITB) NO. 25-11/12, FOR THE PURCHASE OF
PUBLIC SAFETY SHOES, IN THE ESTIMATED ANNUAL AMOUNT OF
$67,817.70
ADMINISTRATION RECOMMENDATION
Approve the award of contracts.
KEY INTENDED OUTCOME SUPPORTED
Increase Employees Rating of Public Safety
FUNDING
The City's Departments have budgeted $67,817.70 for public safety shoes for
FY2011/2012. Expenditures to date this fiscal year are $25,914.12. Therefore, the
requested balance for FY20111/2012 is $41,903.58.
ANALYSIS
The purpose of Invitation to Bid No. 25-11/12 (the Bid) was to establish an agreement,
by means of competitive sealed bids, for the purchase of safety shoes as specified in the
bid documents, on an as needed basis. This contract shall remain in effect for three (3)
years from date of contract execution by the Mayor and City Clerk and may be renewed
by mutual agreement for two (2) additional one (1) year terms, if approved by the City
Manager.
This catalog discount bid is for the purchase and delivery of safety shoes and boots for
various departments. The successful firms must have a good record of dependability and
be able provide delivery of supplies in a timely manner after receipt of order, the
successful vendors must be stocking distributors or have immediate access to the entire
items in the catalogs.
The successful vendors must have a mobile unit that will drive out to various City sites,
to assist in the selection, sizing/fitting and purchase of safety shoes and boots to City
employees. If a local store is available, the various City departments may choose to
schedule employees, as appropriate within City or Department Guidelines, to go to the
stores for assistance in the selection, sizing/fitting and/ or to purchase the safety shoes
or boots.
24
Commission Memorandum
June 6, 2012
ITB 25-11-12
BID PROCESS
The Bid was issued on March 22, 2012 with an opening d<=\te of April 26, 2012. A pre-bid
conference to provide information to prospective contractors was held on April 2, 2012.
BidNet issued bid notices to forty-nine (49) prospective bidders. Additionally, the
Procurement Division sent notice to five (5) prospective bidders. These notices resulted
in the receipt of four (4) bids from the following firms:
Lehigh Outfitters LLC; Safety Shoes Distributors LLP; Global Trading, Inc; and Paradise
Sunshine Sport Development.
On May 8, 2012 the Procurement Division sent the bid submissions to the following
individuals for evaluation:
• Nedra Marcelus, Administrative Aide II;
• Sonia Porter, Property Evidence Tech I;
• Maddy Reisler, Office Associate V;
• Shelly Fernandez, Office Associate IV;
• Recio Alba, Financial Analyst Ill;
• Martha Torres, Warehouse Supervisor;
• Brenda Carbonell, Parks and Recreation Analyst;
• Joyce Dickerson, Office Associate V;
• Sonia Lecounte, Office Associate V; and
• Tasha Byars, Code Compliance Officer II
The individuals evaluated the four (4) bids received. The highest percentage discount
was submitted by Lehigh Outfitters LLC, Global Trading, Inc.; Safety Distributors LLP,
and Paradise Sunshine Sports Development. However, not all companies submitted bids
for all line items; therefore it is in the best interest of the City to recommend the four (4)
bidders.
The departments reserve the right to purchase or not purchase from the catalog. It will
be up to the departments to determine which company offers the highest percentage
discount.
Lehigh Outfitters LLC submitted the highest discount for seventeen (17) items, and the
City is currently utilizing their services. They have over 20,000 customers. City, County,
Government and private sector.
Global Trading, Inc. submitted discounts for Jwelve (12) line items, and the City is
currently utilizing their services for citywide uniforms, and is satisfied with their level of
performance and quality of work.
Safety Shoe Distributors, LLP submitted discount for four (4) line items, this company
been in business over thirty-five (35) years.
Paradise Sunshine Sports, Development submitted discounts for all thirty-two (32) line
items, therefore they are being recommend for award.
T:\AGENDA\2012\June06\ITB-25-11-12 Memo.doc 25
Commission Memorandum
June 6, 2012
ITB 25-11-12
BID RESULTS
The bid results are attached
CONCLUSION
Based on the analysis of the bids received, the Administration recommends that the City
award contracts to multiple vendors pursuant to Invitation to Bid (ITB) No. 25-11/12, for
the purchase of safety shoes for various departments citywide in the estimated annual
amount of $67,817.70.
T:\AGENDA\2012\June06\ITB-25-11-12 Memo.doc 26
Lehigh GLOBAL SAFETY SHOES Paradise Sunshine ITB-25-11-12 Public DISTRIBUTORS
Safety Shoes Outfitters LLC TRADING, Inc LLP Sport
Item Manufacturer Discount Discount Discount Discount
1 Altama 12%
2 Avenger 25% 22.50% 12%
3 Bates 22.50% 12%
4 Cate 12%
5 Catei"Qillar 12% 12%
6 Converse 25% 25% 25% 12%
7 Crocs 25% 12%
8 Dr. Martens 25% 12%
9 Florsheim 25% 25% 25% 12%
10 Georiga 25% 22.50% 12%
11 Harley-Davidson 12%
12 Hush Puppies 12%
13 Iron Age 25% 12%
14 Lehigh 25% 20% 12%
15 Mangnum 22.50% 12%
16 Merrell 25% 12%
17 5.11 Bates 12%
18 5.1·1 Converse 25% 12%
19 5.11 Magnum 12%
20 5.11 Thotogood 25% 12%
21 Michelin 12%
22 Natilus 25% 22.50% 22.50% 12%
23 New Balance 12%
24 Oxford 12%
25 Puma 25% 12%
26 Reebok 25% 12%
27 Rocl<y_ 25% 12%
28 Sketchers 22.50% 22.50% 12%
29 Slip Grips 25% 12%
30 Timberland 25% 25% 17% 12%
31 Wolverine 22.50% 12%
32 Work one 25% 12%
The four (4) highest bidders were selected on the following percent evaluation: Since the specifications
consists of mobile unit that will drive out to various City sites or the City Department may chose to schedule
employees as appropriate within City Department guidelines, to go to the store for assistance in the
selection.
27
THIS PAGE INTENTIONALLY LEFT BLANK
28
I
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Award Contracts As Primary Vendors To Personally Yours Lawn Service, Inc.;
Jerry's Custom Landscaping, Inc.; C & M Landscaping, Inc.; And Elan Lawn and Landscaping Services For
Mowing; And Secondary Vendors To Groundkeepers And Superior Landscaping & Lawn Service, Inc. For
Pool Cleaning, Pool Pumping, Removal of Rodents, and Removal Of Beehives, Pursuant To Invitation To
Bid (ITS) No. 21-11/12 For Citywide Lot Clearance Services.
Key Intended Outcome Supported:
Ensure Compliance with Code within reasonable time frame
Supporting Data (Surveys, Environmental Scan, etc.): 61% of residents are satisfied or very
satisfied with fairness and consistency of enforcement of codes and ordinances.
Issue:
Shall the Mayor and City Commission approve award of contracts?
Item Summary/Recommendation:
The purpose of this ITS is to establish a contract by means of sealed bid, for Citywide Lot Clearance
Services, with responsive and responsible vendors, at the lowest possible cost.
This City has the option to award to multiple vendors by line item or by group to achieve the best unit and
total cost for the City. This Contract(s) shall remain in effect for four {4) years from date of contract
execution by the Mayor and City Clerk, and may be renewed at the sole discretion of the City, through its
City Manager, for two (2) additional one (1) year terms.
Based on the analysis of the nine (9) responsive Bids received, it is recommended that the City
Commission approve multiple awards to vendors based on the lowest and best bid received for mowing,
pool cleaning, and pumping, and removal of rodents and beehives, as indicated in the attached Bid
Tabulation sheet.
APPROVE THE AWARD OF CONTRACTS.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1
I I 2
OBPI Total
Financial Impact Summary: The City contracts and pays for the services. Properties are then billed to
offset the expenses incurred by the City. This becomes a special assessment lien against such properties
thirty (30) days after notice of completion of the work by the City if the City bill for these hard costs remains
unpaid.
Si n-Offs:
Department Director
RS __ _
T:\AGENDA\2012\June 6 \consent\Lot Clearan
MlA,MIBEACH 29
AGENDA ITEM _C_;).--'-8 __
DATE 6 ... 6-1?...
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';) D
June 6, 2012
REQUEST FOR APPROVAL TO AWARD CONTRACTS AS PRIMARY VENDORS
TO PERSONALLY YOURS LAWN SERVICE, INC.; JERRY'S CUSTOM
LANDSCAPING, INC.; C & M LANDSCAPING, INC.; AND ELAN LAWN AND
LANDSCAPE SERVICE, INC. FOR MOWING; AND SECONDARY VENDORS TO
GROUNDKEEPERS, INC. AND SUPERIOR LANDSCAPING & LAWN SERVICE,
INC. FOR POOL CLEANING, POOL PUMPING REMOVAL OF RODENTS, AND
REMOVAL OF BEEHIVES, PURSUANT TO INVITATION TO .BID (ITB) NO. 21-
11/12, FOR CITYWIDE LOT CLEARANCE SERVICES.
ADMINISTRATION RECOMMENDATION
Approve the Award of Contracts.
FUNDING
The City contracts and pays for the services. Properties are then billed to offset the expenses
incurred by the City. This becomes a special assessment lien against such properties thirty (30)
days after notice of completion of the work by the City if the City bill for these hard costs
remains unpaid.
ANALYSIS
The Code Compliance Division will only request a lot clearance on a property after all
possibilities of having a responsible party take care of the vacant property are exhausted,
including the issuance of the appropriate violation. Generally, lot clearances are requested
when property conditions can pose sanitary, health and cleanliness issues. The services often
include mowing and tree trimming and have included pool services. These services are
typically needed for abandoned properties. Due to the recent foreclosure crisis, the Code
Compliance Division saw an increase in properties requiring City intervention. In addition to the
obvious health and sanitation concerns, unkept properties tend to attract unwanted activities.
This is referred to, commonly, as the "broken window theory." A City~bill is created for the cost of
the lot clearance service secured, and if the City bill is not paid, a lien is placed on the property.
This reimbursement process is often lengthy, with the City not only incurring the out-of-pocket
costs, but having to wait to get reimbursed. In light of the increased use of lot clearance
services, it was determined that an ITB would assist in determining if another vendor(s) could
provide the services at a better price.
30
June 6, 2012
Commission Memorandum
ITB 21-11/12
Page2
The purpose of Invitation to Bid No. 21-11/12 (the "Bid") was to establish a contract(s), by
means of sealed bids, for citywide lot clearance services for mowing, retrieval of materials and
disposal in the City of Miami Beach, on an as needed basis. This contract(s) shall remain in
effect for four (4) years from date of contract execution by the Mayor and City Clerk, and may be
renewed at the sole discretion of the City, through its City Manager, for two (2) additional one
(1) year terms.
BID PROCESS
The Bid was issued on March 15, 2012, with an opening date of April 27, 2012. A pre-bid
conference to provide information to prospective contractors was held on March, 28, 2012.
The Florida Online Bid System issued bid notices to one hundred and twenty-six (126)
prospective bidders. Additionally, the Procurement Division sent notices to seven (7)
prospective bidders. The notices resulted in the receipt of nine (9) bids from the following firms:
• Jerry's Custom Landscaping, Inc.:
• Personally Yours Lawn Service, Inc.;
• BCLS Landscaping Group, Inc.;
• C & M Landscaping, Inc.;
• Groundkeepers, Inc.;
• Orchidman Landscape Artisans, Corp.;
• Elan Lawn and Landscape Services, Inc;
,. Superior Landscaping and Lawn Service, Inc.; and
• Greco International, Corp.
On May 11, 2012, the Procurement Division sent the bid submissions to the following individuals
for evaluation:
• Mercedes Carcasses, Code Compliance Administrator;
• George Castell, Code Compliance Administrator, and
• Manuel Villar, Code Compliance Administrator
On May 21, 2012 the Procurement Division requested clarification as to whether all the firms'
line items No. 1 under "Mowing Rates" was a rate per square foot. All the firms provided an
affirmative response.
Based on the analysis of the nine (9) responsive Bids received, it is recommended that the City
Commission approve multiple awards to vendors based on the lowest and best bids received for
mowing, pool cleaning, and pumping, and the removal of rodents and beehives, to the following
firms:
Personally Yours Lawn Services, Inc.; Jerry's Custom Landscaping, Inc.; C & M Landscaping,
Inc.; and Elan Lawn and Landscape Services, Inc. for mowing, and additional landscaping tasks
2-5 (see attached schedule), and to secondary vendors Groundkeepers, Inc. and Superior
Landscaping & Lawn Service, Inc. for pool cleaning, pool pumping, removal of rodents and
removal of beehives.
31
June 6, 2012
Commission Memorandum
ITB 21-11/12
Page 3
Listed on the attached schedule is the estimated annual contract amount of the six (6) firms that
are being recommended for award.
The Procurement Division secured satisfactory references on the six (6) vendors being
recommended.
CONCLUSION
Based on the analysis of the Bids received, the Administration recommends that the City award
contracts to multiple vendors pursuant to Invitation Bid (ITB) No. 21-11-12 For Citywide Lot
Clearance.
32
June 6, 2012
Commission Memorandum
ITB21-11/12
Page4
33
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34
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Extend On A Month To Month Basis, The Street Lighting Maintenance and
Service Agreement With Under Power Corporation, Which Expired On May 31, 2012; With Said
Extension Commencing Retroactively On June 1, 2012, And Terminating, For Convenience And
Without Cause, At Such Time As A New Contract Is Entered Into With A Successful Bidder, Following
A Successful Bidding Process.
Key Intended Outcome Supported:
Maintain City's Infrastructure
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey
indicated that 87% of City of Miami Beach street and landscape lighting assessed in good condition
Issue:
Shall the City Commission Approve The Extension?
Item Summary/Recommendation:
At its June 6, 2007 meeting, the Mayor and City Commission adopted Resolution No. 2007-26567,
which approved and authorized, pursuant to Section 2-367 (e) of the Miami Beach City Code, a waiver
of the competitive bidding process, by 5/7ths vote, a two-year Maintenance and Service Agreement
with Under Power Corporation at the rate of $10.22 per light, per month (the Agreement).
The maintenance and service rate of $10.22 per light, per month, was a fixed cost for year one, and
additional years were subject to the Consumer Price Index for Miami and Fort Lauderdale, which has
not been exercised, to date. Invoices for January and February 2012 reflected additional expenses
due to repairs to light poles as a result of an accident and theft. The average monthly cost has been
$8,298.64 for the maintenance of 812 street light poles, which includes eight (8) added lights on 63
Street, Indian Creek Road that were not part of the original maintenance agreement.
The Agreement expired on May 31, 2012. The Administration recommends that the Mayor and City
Commission approve a month to month extension of the Agreement, under the same terms and
conditions, until a new maintenance agreement is awarded via a bidding process.
The Administration is finalizing the specifications of the new Invitation to Bid (ITB), and it is estimated
that the recommendation of award pursuant to the new ITB will be presented at the July 18, 2012
Commission meeting.
APPROVE THE EXTENSION
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1 $ 16,597.28 011-0840-000325 General Fund for Public Works-
lA· I
Streets, Contract M~intenance
2
OBPI Total
Financial impact Summary: N/A
City Clerk's Office Legislative Tracking: I Raul Aguila
Assistant City
JGG
MIAMI BEACH
35
er City Manager
JMG
AGENDA ITEM _C_2_C._
DATE '-{;,-12..
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager ~
June 6, 2012 U L./
SUBJECT: REQUEST FOR APPROVAL TO EXTEND ON A MONTH TO MONTH BASIS, THE
STREET LIGHTING MAINTENANCE AND SERVICE AGREEMENT WITH UNDER
POWER CORPORATION, WHICH EXPIRED ON MAY 31, 2012; WITH SAID
EXTENSION COMMENCING RETROACTIVELY ON JUNE 1, 2012, AND
TERMINATING, FOR CONVENIENCE AND WITHOUT CAUSE, AT SUCH TIME AS
A NEW CONTRACT IS ENTERED INTO WITH A SUCCESSFUL BIDDER,
FOLLOWING A SUCCESSFUL BIDDING PROCESS.
ADMINISTRATION RECOMMENDATION
Approve the extension.
FUNDING
Funding will be provided from the following account for the months of June and July, 2012
until a new maintenance agreement is awarded via a bidding process:
$ 16,597.28 General Fund for Public Works-Streets, Contract Maintenance
Account No. 011-0840-000325
The Public Works Department has budgeted $99,584 (approximately $8,928 per month) for
street lighting maintenance services for FY2012. Expenditures to date for this Fiscal Year
are $59,692.
BACKGROUND
At its April 11, 2007 meeting, the Mayor and City Commission approved and authorized the
Mayor and City Clerk to execute a State Highway Lighting, Maintenance, and Compensation
Agreement between the City and the Florida Department of Transportation for the street
light ~aintenance services for FOOT-owned lighting systems on Miami Beach.
The aforementioned authorization was based on the Administration's recommendation that
the City take over the maintenance of FOOT owned lighting systems within the City of Miami
Beach to provide sufficient mounting assets for the deployment of the City's WiFi system.
The FOOT Lighting Systems are located along the following roads:
Abbott Avenue -72nd Street to Indian Creek Drive
Alton Road -5th Street to 63rd Street
36
Commission Memorandum -Street Lighting Maintenance
June 6, 2012
Page 2 of 2
Collins Avenue-5th Street to 61st and 72nd Street to 87th Terrace
5th Street -Alton Road to Ocean Drive
41st Street-Alton Road to Collins Avenue
63rd Street-Alton Road to Collins Avenue
71st Street-West of North Bay Causeway to Rue Notre Dame
Harding Avenue -72nd Street to 87th Terrace
Indian Creek Drive-26th Street to 44th Street and 59th Street to 71st Street
Normandy Drive -Rue Notre Dame to West of North Bay Causeway
MacArthur Causeway -Alton Road to West City Limits
The City agreed to be responsible for energy costs, replacement or system upgrades,
location of underground electrical conduits, response to citizen reports of street light
malfunctions, and all other maintenance activities (including emergency responses).
At its June 6, 2007 meeting, the Mayor and City Commission adopted Resolution No. 2007-
26567, which approved and authorized, pursuant to Section 2-367 (e) of the Miami Beach
City Code, a waiver of the competitive bidding process, by 5/7ths vote, a two-year
Maintenance and Service Agreement with Under Power Corporation at the rate of $10.22
per light, per month (the Agreement).
The maintenance and service rate of $10.22 per light, per month, was a fixed cost for year
one, and additional years were subject to the Consumer Price Index for Miami and Fort
Lauderdale, which has not been exercised, to date. Invoices for January and February 2012
reflected additional expenses due to repairs to light poles as a result of an accident and
theft. The average monthly cost has been $8,298.64 for the maintenance of 812 street light
poles, which includes eight (8) added lights on 63rd Street at Indian Creek Road that were
not part of the original maintenance agreement.
The Agreement expired on May 31, 2012. The Administration recommends that the Mayor
and City Commission approve a month to month extension of the Agreement, under the
same terms and conditions, until a new maintenance agreement is awarded via a bidding
process.
The Administration is finalizing the specifications of the new Invitation to Bid (ITB), and it is
estimated that the recommendation of award pursuant to the new ITB will be presented at
the July 18, 2012 Commission meeting.
CONCLUSION
The Administration recommends that the City Commission approve a month to month
extension to the Street Lighting Maintenance and Service Agreement with Under Power
Corporation, which expired on May 31, 2012; with said extension commencing retroactively on
June 1, 2012, and terminating, for convenience and without cause, at such time as a new
contract is entered into with a successful bidder, following a successful bidding process.
T:\AGENDA\201216-6-12\UnderPower-Memo.doc
37
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38
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Award Contracts To Equipment And Tools Solutions, Inc., Hertz Equipment Rentals
Corporation, United Rentals (North America), Inc., Sunbelt Rentals, Inc., Pursuant To Invitation To Bid (ITB}
No. 29-11/12, For The Rental Of Construction Equipment, In The Annual Estimated Amount Of $20,000 For
Fiscal Year 2011/2012, And $70,000 Annually For Subsequent Fiscal Years.
Key Intended Outcome Supported:
Ensure well maintained infrastructure.
Supporting Data (Surveys, Environmental Scan, etc.):
Issue:
I Shall the City Commission approve the award of Contracts?
Item Summary/Recommendation:
The purpose of Invitation to Bid (ITB) No. 29-11/12 was to establish a contract, by means of sealed bids, to a
qualified vendor for the rental of construction equipment, on an as needed basis. The City rents construction
and maintenance equipment, including, but not limited to, pick-up trucks, backhoes, drum rollers, crane
trucks, front loaders, lifts, compressors, and pumps, necessary to the continued operations of the various
departments.
This contract shall remain in effect for one ( 1) year from date of contract execution by the Mayor and City
Clerk, and may be extended at the sole discretion of the City, through its City Manager, for three (3) additional
one (1) year terms, if mutually agreed upon by both parties.
Bid Net issued bid notices to 33 prospective bidders. The notices resulted in the receipt of five ( 5) responsive
bids from the following companies: Hertz Equipment Rentals Corporation, United Rentals (North America),
Inc., Equipment & Tools Solutions, Inc., Sunbelt Rentals, Inc., and Xylem Dewatering Solutions dba Godwin
Pumps.
The ITB stipulated that the City reserves the right to make multiple awards if deemed in the best interest of
the City. Award is being recommended to four (4) bidders, which will ensure availability of equipment, and
allow the City flexibility should a vendor fail to provide the required equipment.
APPROVE THE AWARD OF CONTRACTS.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account
Funds: 1 $9,000.00 Public Works Sewer Account 425-0420-000323
~ 2 $9,000.00 Public Works Water Account 425-0410-000323
3 $1,650.00 Public Works Streets/Streetlights Account 011-0840-323
OBPI 4 $350.00 Property Management Account 520-1720-000342
5
Total $20,000.00
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Si
er
MIAM:f BEACH 39
AGENDA ITEM _C--:-J._D.:..___
DATE {,-{; -Jl..
(9 MIAMIB CH
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 ~
June 6, 2012 u L/
REQUEST FOR APPROVAL TO AWARD CONTRACTS TO EQUIPMENT AND TOOLS
SOLUTIONS, INC., HERTZ EQUIPMENT RENTALS CORPORATION, SUNBELT
RENTALS, INC., AND UNITED ·RENTALS (NORTH AMERICA), INC., PURSUANT TO
INVITATION TO BID (ITB) NO. 29-11/12, FOR THE RENTAL OF CONSTRUCTION
EQUIPMENT, IN THE ANNUAL ESTIMATED AMOUNT OF $20,000 FOR FISCAL
YEAR 2011/2012, AND $70,000 ANNUALLY FOR SUBSEQUENT FISCAL YEARS.
ADMINISTRATION RECOMMENDATION
Approve the Award of contracts.
KEY INTENDED OUTCOME
Ensure well-maintained infrastructure.
FUNDING
Funding will be provided from the following account for Fiscal Year 2011/2012:
$9,000 Public Works Sewer Account 425-0420-000323
$9,000 Public Works Water Account 425-0410-000323
$1,650 Public Works Streets/Streetlights Account 011-0840-323
$ 350 Property Management Account 520-1720-000342
$20,000 Total Fiscal Year 2011/2012
For subsequent Fiscal Years, commencing on October 1, 2012, the estimated annual cost of
$70,000 associated with the rental of construction equipment will be subject to funds availability
approved through the budgeting process.
Additional funding may be required due to increased need of services, subject to the review and
approval of the Office of Budget and Performance Improvement (OBPI).
ANALYSIS
The purpose of Invitation to Bid (ITB) No. 29-11/12 is to establish a contract, by means of sealed
bids, to a qualified vendor for the rental of construction equipment, on an as needed basis. The
City rents construction and maintenance equipment, including, but not limited to, pick-up trucks,
backhoes, drum rollers, crane trucks, front loaders, lifts, compressors, and pumps. This equipment
is necessary to the continued operations of the various departments such as during unforeseen
emergencies; to replace existing equipment out for repair, or for jobs that require specific
equipment which the City does not own.
40
ITB 29-11112 -Rental of Construction Equipment
June 6, 2012
Page2
This contract shall remain in effect for one (1) year from date of contract execution by the Mayor
and City Clerk, and may be extended at the sole discretion of the City, through its City Manager,
for three (3) additional one (1) year terms, if mutually agreed LIPOn by both parties.
BID PROCESS
Invitation to Bid (the "ITB") No. 29-11/12, was issued on February 29, 2012 with a bid opening
date of March 29, 2012. One (1) addendum was issued to provide additional information and to
respond to all questions submitted by the prospective bidders. Bid Net issued bid notices to 33
prospective bidders. The notices resulted in the receipt of seven (7) bids from the following
companies:
• Hertz Equipment Rentals Corporation
• United Rentals (North America), Inc.
• Equipment & Tools Solutions, Inc.
• Sunbelt Rentals, Inc.
• Xylem Dewatering Solutions dba Godwin Pumps
• * Flagler Construction Equipment, LLC
• * Gold Coast Crane Service, Inc.
*Flagler Construction Equipment and Gold Coast Crane Service were deemed non-responsive
due to failure to submit the Bid Form as required by the ITB.
The ITB stipulated that award of this contract may be made to a primary and secondary lowest
and best bidder per Group, as defined in General Conditions 1.38, whose bid will be the most
advantageous to the City of Miami Beach. The City reserved the right to make multiple awards if
deemed in the best interest of the City.
In determining the lowest and best bidder, the City utilized the "Best Value" Procurement process.
An administrative review panel, comprised of the following City staff members convened on May
18, 2012 to review and evaluate all responsive bids.
• Gus Andino, Property Management
• Martha Torres, Public Works
• Jeremy Hinkle, Greenspace Management
Bids were evaluated and ranked according to the following criteria:
1. Experience and qualifications of the Bidder (15 points).
2. Cost (60 points).
3. Methodology and Approach (15 points).
4. Past performance (10 points).
The Panel scored all bidders as follows:
41
/TB 29-11112-Rental of Construction Equipment
June 6, 2012
Page3
FINAL RANKINGS
COMPANY NAME Gus Andino Marta Torres Jeremy Hinkle
Rank (Points) Rank (Points) Rank (Points)
Hertz Equipment
Rentals 2 (94) 1 (90) 1 (95)
Sunbelt Rentals 1 (97) 2 (80) 3(76)
United Rentals
(North America) 3 (93) 3 (65) 2 (89)
Xylem Dewatering
Solutions 5 (78) 4 {63) 4 {75)
Equipment and
Tools Solutions 4 (91) 5 {50) 5 (70)
Low
Aggregate Ranking
Totals Order
4 1
6 2
8 3
13 4
14 5
The Panel recommended award of a contract to the top three (3) ranked bidders, Hertz Equipment
Rentals, Sunbelt Rentals and United Rentals (North America). Award to multiple vendors will
ensure availability of equipment, allowing the City flexibility should a vendor fail to provide the
required equipment. The Panel believed that having three companies under contract will serve the
needs of the City.
It must be noted that when the mobilization charge was accounted for, Equipment and Tools
Solutions (ETS) offered the lowest rate for line items 10, 11, 12 and 13. ETS was not
recommended by the Panel based on company qualifications and variety of equipment offered. It
is the Administration's recommendation that ETS be awarded a contract so the City benefits from
the lowest rates. ETS is a pre-qualified vendor under Miami-Dade County Contract 8446-5/17 for
construction equipment rental. Additionally, favorable performance evaluation surveys were
received for ETS.
The attached bid tabulation shows daily, monthly and weekly rates offered by each bidder. Prices
shall remain fixed and firm during the term of the contract. While the City has listed all major items
on the bid solicitation which are rented on an as needed basis, there may be additional equipment
that must be rented by the City during the term of this contract. Under these circumstances,
successful bidder(s) under this contract shall be invited to submit price quotes for the additional
equipment. The City reserves the right to award these items to the lowest responsible bidder or to
bid the items through a separate solicitation in the best interest of the City.
There were no responsive bids received for Line Items 3 and 3a for the rental of a 25 and 50 ton
crane, with operator. Public Works Department budgets approximately $3,000 per year for the
rental of this type of equipment. It is recommended that the City utilizes Miami-Dade County
Contract 8446-5/17 for the rental ofthis type of equipment, until expiration on March 21, 2013, and
any subsequent renewals.
Equipment and Tools Solutions (ETS), Inc. is a Miami based company that rents heavy equipment
such as dozers, backhoes, excavators, etc. ETS has been in business since 2006, and has
serviced municipal as well as private accounts throughout Miami-Dade County and the South
Florida area.
Hertz Equipment Rentals Corporation was founded in 1965, and is recognized as one of the
largest global equipment companies. Hertz has been working with government agencies for more
than 30 years, offering a large variety of equipment, including aerial equipment, earthmoving and
compaction equipment, trucks and trailers.
42
ITB 29-11112 -Rental of Construction Equipment
June 6, 2012
Page4
Sunbelt Rentals. Inc. is a full line equipment rental company established in 1983, based in Fort
Mill, South Carolina. Sunbelt operates out of 34 states with 350 locations nationwide. Sunbelt
services government accounts on every level from federal, state, county, cities and school boards.
Currently they hold contracts with Miami-Dade County, School Boards of Broward and Dade, St.
Lucie County. Sun belt has been a vendor of the City for the past several years, providing highly
satisfactory service to the City.
United Rentals {North America). Inc. was founded in 1997, and operates a network of 900 rental
locations in 48 states and 1 0 Canadian provinces. United Rentals offeres over 600 different types
of rentals to customers that include construction and industrial companies, utilities, municipalities
and other government agencies, and independent contractors.
COST COMPARISON
The ITB listed those items most commonly requested. Not all items are needed on a given year.
Miami-Dade County has a contract No. 8446-5/17, which is a pre-qualification of bidders, with no
set pricing. Every time a department needs a rental, they send out a request for quotes. Pricing is
determined upon availability and is different each time. The latest rates paid for equipment rented
by the City, utilizing Miami-Dade County Contract, compared to the rates submitted by Bidders are
shown below:
Description Current Rates Paid Rates per ITB 29-11/12
26' Scissor Lift $195.00/Day $135.00/Day
Mobilization Charge $150.00 $125.00
Silent Trash Pump 6" $264.00/Day $225.00/Day
Mobilization Charge $400.00 $250.00
2.5 to 3 Ton Drum Roller $165.00/Day $100
Mobilization Charge $198.00 $250.00
CITY MANAGER'S REVIEW
After considering the review and recommendation of City staff, the City Manager exercised his due
diligence and recommends award to Equipment tools and Solutions, Inc. for those line items were
the company was lower, to allow for additional cost savings, in addition to the Panel's
recommended bidders, Hertz Equipment Rentals Corporation, United Rentals (North America),
Inc., Sunbelt Rentals, Inc.
CONCLUSION
Based on the aforementioned, the Administration recommends that the Mayor and City
Commission award contracts to Equipment and Tools Solutions, Inc., Hertz Equipment Rentals
Corporation, United Rentals (North America), Inc., Sun belt Rentals, Inc., pursuant to Invitation to
Bid (ITB) No. 29-11/12, for the rental of construction equipment, in the annual estimated amount of
$20,000 for Fiscal Year 2011/2012, and $70,000 annually for subsequent fiscal years.
T:\AGENDA\2012\6-6-12\ITB 29-11-12 Rental of Construction Equipment MEMO.doc
43
ITB 29-11/12-RENTAL OF CONSTRUCTION EQUIPMENT
BID TABULATION
Item Equipment ETS Hertz
1 Front Loader $595.00 $379.00
2 2.5 Ton Drum Roller $325.00 $100.00
3 25 Ton Boom Crane with Operator No Bid No Bid
3a 50 Ton Boom Crane with Operator No Bid No Bid
47 Silent Trash Pump 6" No Bid $249.00
5 Silent Trash Pump 8" No Bid $447.00
6 Silent Trash Pump 10" No Bid $510.00
7 Pick up Truck F150% Ton or equal No Bid $105.00
8 Trailer 7-9 Ton (Backhoe Trailer) No Bid No Bid
Skid Loader Bobcat S130 Rubber
9 Tire or equal $245.00 $141.00
Back Hoe John Deere 310 Size 4WD
10 or equal $365.00 $171.00
11 Air compressor Towable 185 CFM $65.00 $55.00
12 Portable Lighting Tower with Trailer $60.00 $55.00
Forklift (Aprox. 3,000 lbs) lifting
13 capacity, straight mast $125.00 $101.00
High Lift (various sizes) Provide
14 description below:
14.1 40 ft Straight Boom $345.00 No Bid
14.2 40 ft Articulating Boom No Bid $145.00
14.3 45 ft Articulating Boom No Bid No Bid
14.4 60 ft Straight Boom $395.00 No Bid
14.5 60 ft Articulating Boom No Bid $269.00
14.6 80 ft StraightBoom No Bid $374.00
14.7 80 ft Articulating Boom No Bid No Bid
14.8 120 ft Straight Boom No Bid $781.00
14.9 19' Electric Scissor Lift $195.00 No Bid
14.10 20' Electric Scissor Lift $195.00 No Bid
14.11 26' Electric Scissor Lift $195.00 No Bid
Mobilization Charge Included $200.00
Environmental Fee
44
DAILY RATE
Xylem dba
Sun belt United Godwin
Rentals Rentals Pumps
$475.00 595.00 No Bid
$220.00 199.00 No Bid
No Bid No Bid No Bid
No Bid No Bid No Bid
$225.00 No Bid $267.00
$325.00 No Bid $379.00
$325.00 No Bid $450.00
No Bid No Bid No Bid
No Bid No Bid No Bid
$200.00 179.00 No Bid
$230.00 $252.00 No Bid
$79.00 $91.00 No Bid
$79.00 $77.00 No Bid
$125.00 $157.00 No Bid
$225.00 $242.00 No Bid
No Bid No Bid No Bid
$235.00 $242.00 No Bid
$365.00 $324.00 No Bid
$365.00 No Bid No Bid
$455.00 No Bid No Bid
$455.00 No Bid No Bid
No Bid No Bid No Bid
No Bid $115.00 No Bid
;
No Bid No Bid No Bid
No Bid $135.00 No Bid
$150.00 $250.00 $400.00
1-4% 0.0048%
ITB 29-11112 -RENTAL OF CONSTRUCTION EQUIPMENT
BID TABULATION
WEEKLY RATE
Sun belt United
Item Equipment ETS Hertz Rentals Rentals
1 Front Loader $1,595.00 $1,075.00 $1,220.00 $1,446.00
2 2.5 Ton Drum Roller $745.00 $485.00 $605.00 $708.00
3 25 Ton Boom Crane with Operator No Bid No Bid No Bid No Bid
3a 50 Ton Boom Crane with Operator No Bid No Bid No Bid No Bid
47 Silent Trash Pump 6" No Bid $745.00 $625.00 No Bid
5 Silent Trash Pump 8" No Bid $1,309.00 $825.00 No Bid
6 Silent Trash Pump 10" No Bid $3,384.00 $825.00 No Bid
7 Pick up Truck F150 'h Ton or equal No Bid $376.00 No Bid No Bid
8 Trailer 7-9 Ton (Backhoe Trailer) No Bid No Bid No Bid No Bid
Skid Loader Bobcat S130 Rubber
9 Tire or equal $545.00 $313.00 $475.00 $442.00
Back Hoe John Deere 310 Size 4WD
10 or equal $615.00 $433.00 $595.00 $631.00
11 Air compressor Towable 185 CFM $275.00 $125.00 $179.00 $221.00
12 Portable Lighting Tower with Trailer $245.00 $155.00 $179.00 $186.00
Forklift (Aprox. 3,000 lbs) lifting
13 capacity, straight mast $375.00 $333.00 $375.00 $453.00
High Lift (various sizes) Provide
14 description below:
14.1 40 ft Straight Boom $695.00 No Bid $555.00 $605.00
14.2 40 ft Articulating Boom No Bid $430.00 No Bid No Bid
14.3 45 ft Articulating Boom No Bid No Bid $565.00 $605.00
14.4 60 ft Straight Boom $715.00 No Bid $735.00 $810.00
14.5 60 ft Articulating Boom No Bid $593.00 $735.00 No Bid
14.6 80 ft StraightBoom No Bid $1,001.00 $1,195.00 No Bid
14.7 80 ft Articulating Boom No Bid No Bid $1,195.00 No Bid
14.8 120ft Straight Boom No Bid $2,962.00 No Bid No Bid
14.9 19' Electric Scissor Lift $245.00 No Bid No Bid $175.00
-14.10 20' Electric Scissor Lift $250.00 No Bid No Bid No Bid
14.11 26' Electric Scissor Lift $350.00 No Bid No Bid $250.00
Mobilization Charge Included $200.00 $150.00 $250.00
Environmental Fee 1-4%
45
Xylem dba
godwing
Pumps
No Bid
No Bid
No Bid
No Bid
$800.00
$1,110.00
$1,350.00
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
$400.00
ITB 29-11/12-RENTAL OF CONSTRUCTION EQUIPMENT
BID TABULATION
MONTHLY RATE
Sun belt United
Item Equipment ETS Hertz Rentals Rentals
1 Front Loader $3,475.00 $3,300.00 $3,451.00 $3,286.00
2 2.5 Ton Drum Roller $1,545.00 $960.00 $1,350.00 $1,198.00
3 25 Ton Boom Crane with Operator No Bid No Bid No Bid No Bid
3a 50 Ton Boom Crane with Operator No Bid No Bid No Bid No Bid
47 Silent Trash Pump 6" No Bid $2,234.00 $1,800.00 No Bid
5 Silent Trash Pump 8" No Bid $3,565.00 $2,200.00 No Bid
6 SilentTrash Pump 10" No Bid $10,151.00 $2,200.00 No Bid
7 Pick up Truck F150% Ton or equal No Bid $675.00 No Bid No Bid
8 Trailer 7-9 Ton (Backhoe Trailer) No Bid No Bid No Bid No Bid
Skid Loader Bobcat S130 Rubber
9 Tire or equal $1,275.00 $750.00 $1,050.00 $1,106.00
Back Hoe John Deere 310 Size 4WD
10 or equal $1,495.00 $1,389.00 $1,300.00 $1,351.00
11 Air compressor Towable 185 CFM $445.00 $389.00 $419.00 $556.00
12 Portable Lighting Tower with Trailer $495.00 $349.00 $419.00 $462.00
Forklift (Aprox. 3,000 lbs) lifting
13 capacity, straight mast $770.00 $709.00 $909.00 $1,052.00
High Lift (various sizes) Provide
14 description below:
14.1 40 ft Straight Boom $1,049.00 No Bid $1,075.00 $1,295.00
14.2 40 ft Articulating Boom No Bid $1,384.00 No Bid No Bid
14.3 45 ft Articulating Boom No Bid No Bid $1,095.00 $1,295.00
14.4 60 ft Straight Boom $1,795.00 No Bid $1,555.00 $1,838.00
14.5 60 ft Articulating Boom No Bid $1,999.00 $1,555.00 No Bid
14.6 80 ft StraightBoom No Bid $3,280.00 $3,195.00 No Bid
14.7 80 ft Articulating Boom No Bid No Bid $3,195.00 No Bid
14.8 120ft Straight Boom No Bid $5,638.00 No Bid No Bid
14.9 19' Electric Scissor Lift $340.00 No Bid No Bid $385.00
14.10 20' Electric Scissor Lift $340.00 No Bid No Bid No Bid
14.11 26' Electric Scissor Lift $545.00 No Bid No Bid $550.00
Mobilization Charge Included $200.00 $150.00 $250.00
Environmental Fee 1-4%
46
Xylem dba
godwing
Pumps
No Bid
No Bid
No Bid
No Bid
2,400.00
3,330.00
4,050.00
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
$ 400.00
ce
COMMISSION ITEM SUMMARY
Condensed Title:
Request for Approval to issue a Request for Proposals (RFP) for Cost Allocation Studies for the City of
Miami Beach
Key Intended Outcome Supported:
Improve the City's overall financial health and maintain overall bond rating
Supporting Data (Surveys, Environmental Scan, etc.): ..
Issue:
I Shall the Mayor and City Commission approve the issuance of the RFP?
Item Summary/Recommendation:
The Administration proposes that the City issue a Request for Proposals (RFP) to select a qualified
consulting firm to conduct cost allocation studies for the City of Miami Beach. These costs allocation studies
include Indirect Cost Allocation Studies, South Pointe Cost Allocation Studies, and Resort Tax Cost
Allocation Studies.
The City of Miami Beach provides administrative support to its service departments in the General Fund,
Enterprise Funds and Special Revenue Funds, through administrative support departments such as The
Manager's Office, Finance, Human Resources, Budget and Performance Improvement, Procurement and
other departments. The City has conducted prior studies, on a periodic basis, to document and allocate the
costs of these services to operating departments based on an Indirect Cost Allocation Study. These studies
provide auditable basis for appropriately offsetting these costs in the General Fund by charging the
appropriate costs to the Enterprise and Special Revenue Funds. The latest study was performed using FY
2007/08 audited costs.
In addition, the City conducts cost allocation studies to determine the annual costs incurred in the City in the
area known as "South Pointe", formerly the South Pointe Redevelopment District Area funded by tax
increment revenues; as well and the cost of City services that are eligible to be funded from Resort Taxes.
Further, some of the Resort Tax eligible costs are within the South Pointe area, and, as a result, the studies
identify Resort Tax eligible costs that are outside the South Pointe area.
APPROVE THE ISSUANCE OF RFP.
Advisory Board Recommendation:
Financial Information· .
Source of Amount
Funds: 1
I I 2
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
nt Director Assistan
POW
MIAMI BEACH
nager
47
Account
City Manager
JMG
AGENDA ITEM _C-=--).~£ __
DATE h,-h-/L
lD MIAMI BEACH ""="'
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: June 6, 2012
SUBJECT: REQUEST TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR COST
ALLOCATION STUDIES FOR THE CITY OF MIAMI BEACH.
ADMINISTRATION RECOMMENDATION
Approve issuance of the RFP.
KEY INTENDED OUTCOMES SUPPORTED
Improve the City's overall financial health and maintain overall bond rating.
BACKGROUND
The Administration proposes that the City issue a Request for Proposals (RFP) to select a
qualified consulting firm to conduct cost allocation studies for the City of Miami Beach. These
costs allocation studies include Indirect Cost Allocation Studies, South Pointe Cost Allocation
Studies, and Resort Tax Cost Allocation Studies.
The City of Miami Beach provides administrative support to its service departments in the
General Fund, Enterprise Funds and Special Revenue Funds, through administrative support
departments such as The Manager's Office, Finance, Human Resources, Budget and
Performance Improvement, Procurement and other departments. The City has conducted
prior studies, on a periodic basis, to document and allocate the costs of these services to
operating departments based on an Indirect Cost Allocation Study. These studies provide
auditable basis for appropriately offsetting these costs in the General Fund by charging the
appropriate costs to the Enterprise and Special Revenue Funds. The latest study was
performed using FY 2007/08 audited costs.
In addition, the City conducts cost allocation studies to determine the annual costs incurred in
the City in the area known as "South Pointe", formerly the South Pointe Redevelopment
District Area funded by tax increment revenues; as well and the cost of City services that are
eligible to be funded from Resort Taxes. Further, some of the Resort Tax eligible costs are
within the South Pointe area, and, as a result, the studies identify Resort Tax eligible costs that
are outside the South Pointe area.
The City may also require other costs allocation studies on an as needed basis.
The term of contract will be for three (3) years with the sole option and discretion of the City
Manager to renew for two (2) additional one (1) year periods.
48
Commission Memorandum-Cost Allocation Studies RFP
June 6, 2012
Page 2 of 5
SCOPE OF SERVICES
For each cost allocation study conducted, the scope of services will include the following
tasks:
1. Meet with the Office of Budget and Performance Improvement (OBPI) and Finance
personnel to discuss objectives of the study, the departments involved, the sections
and functions to be included in the study, and organizational changes that have
occurred since the last cost allocation study was implemented.
2. Review allocation statistics and criteria used in the prior study, and meet with
departments involved to collect any data needed to update allocation assumptions and
statistics to conditions for the applicable fiscal year being studied.
3. Collect organizational, personnel, and financial information relative to the study
4. Develop an expenditure analysis which ties back all study costs to the audited financial
statements for the applicable fiscal year being studied.
5. Generate cost allocation summary schedules and narratives in a format that can be
applied prospectively for future budgets using standard cost allocation methodology
and cost principles contained in Federal Circular OMB A-87
6. Review with OBPI and Finance personnel.
7. Revise as necessary.
8. Produce draft study document, including all supporting schedules, statistical data, and
assumptions for review by City staff.
9. Incorporate comments from City staff, and provide final report including all supporting
schedules, statistical data, and assumptions in original form (word, excel, etc.) as well
as in a printer-ready pdf format.
Deliverables
The Cost Allocation Study Reports should provide clear documentation regarding the
assumptions used as well as the relationship between the audited costs contained in the City's
General Ledger for the applicable fiscal year.
Minimum Requirements
All firms that submit a proposal for consideration must meet the minimum qualifications as
provided below. If the minimum qualifications are not met, the consultant's submittal will be
deemed non-responsive.
• The proposer must have successfully completed within the past four (4) years at least
two (2) cost allocation studies for governmental entities of comparable size to Miami
Beach. Proposers must provide the following information for each cost allocation study:
• Client name, address, phone number and e-mail address.
• Description of the scope of the work.
• Month and year the project was started and completed.
• Client's formal or informal evaluation of performance, If available
• Role of the firm and the responsibilities.
• Provide a comprehensive summary of the experience and qualifications of the
individual who will be selected to serve as the Project Manager.
• The Proposer shall submit a minimum one (1) cost allocation study sample.
49
Commission Memorandum -Cost Allocation Studies RFP
June 6, 2012
Page 2 of 5
EVALUATION PROCESS
The procedure for response, evaluation and selection will be as follows:
1. The RFP will be issued after City Commission approval is received.
2. A Pre-Proposal Submission Meeting with Proposers will be conducted.
3. All timely received Proposals will be opened and listed.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Proposal in accordance with the requirements set forth in the RFP. If further
information is desired, Proposers may be requested to make additional written
submissions or oral presentations to the Evaluation Committee.
5. The Evaluation Committee will recommend to the City Manager the Proposer or
Proposers that it deems to be the best candidate(s) by using the following evaluation
criteria:
o Qualifications of Individuals assigned to work with the City 35 points
o Consultant(s) experience and past performance with similar projects 20 points
o Proposed Fees 35 points
o Methodology and Approach 1 0 points
LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5)
points to Proposers, which are, or include as part of their proposal team, a Miami
Beach-based vendor as defined in the City's Local Preference Ordinance.
VETERANS PREFERENCE: The Evaluation Committee will assign an additional five
(5) points to Proposers, which are, or include as part of their proposal team, a small
business concern owned and controlled by a veteran(s) or a service-disabled veteran
business enterprise, as defined in the City's Veterans Preference Ordinance.
6. The City Manager shall recommend to the City Commission the Proposal or Proposals
which he deems to be in the best interest of the City.
7. The City Commission shall consider the City Manager's recommendation and, if
appropriate, approve such recommendation. The City Commission may also, at its
option, reject the City Manager's recommendation and select another Proposal or
Proposals which it deems to be in the best interest of the City, or it may also reject all
Proposals.
8. Negotiations between the City and the selected Proposers will take place to arrive at
an agreement. If the Mayor and Commission has so directed, the City Manager may
proceed to negotiate a contract with a Proposer other than the top-ranked Proposer if
the negotiations with the top-ranked Proposer fail to produce a mutually acceptable
contract within a reasonable period of time.
10. The final agreement(s) is presented to the Mayor and Commission for approval.
50
Commission Memorandum -Cost Allocation Studies RFP
June 6, 2012
Page 2 of 5
11. If the agreement(s) are approved by the Commission, the Mayor and City Clerk shall
sign the executed contract(s) after the Proposer(s) has (or have) done so.
Should the Mayor and Commission authorize the issuance of this RFP, all procurement rules
(i.e. Cone of Silence, etc.) will apply.
CONCLUSION
The Administration recommends that the Mayor and the City Commission authorize the
issuance of a Request for Proposals (RFP) for Cost Allocation Studies for the City of Miami
Beach.
51
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52
C4
COMMISSION COMMITTEE
ASSIGNMENTS
53
MIAMI BEAC:t-1
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSlON MEMORANDUM
Mayor Matti Herrera Bower
and Members of the City Commission
Jorge M. Gonzalez, City Manager '\.r6
June 6, 2012 l)
Referral to Planning Board -RM-2 Regulations: Accessory Use
Regulations to Permit a Limited Number of Commercial Accessory Uses
in an Apartment Building Adjacent to a Public Baywalk to be Open to the
Public.
ADMINISTRATION RECOMMENDATION
Forward the proposed ordinance to Planning Board for its review and recommendation.
SUMMARY
At the May 16, 2012 meeting, the Land Use and Development Committee had a
discussion related to the accessory uses in the RM-2 district that explored introducing
restrictions that are found elsewhere in the Land Development Regulations, primarily in
the Home Based Business Office ordinance. The LUDC recommended that such an
ordinance be referred to the Planning Board for its input and recommendation.
An office use on the ground floor of an apartment building in the RM-2 zoning district that
was subject to the above restrictions would most likely have minimal impact upon the
surrounding residential neighborhood. However, in an abundance of caution, staff would
suggest that the proposal also include the requirement for Conditional Use approval by
the Planning Board, to ensure compliance with the above conditions, and recourse if
there wer to be problems with the operation of the office in future.
RL
JMG/ /RGLIML
T:\AGENDA\2012\6-6-12\Referral to Planning Board-RM-2 accessory use regulations.docx
55
Agenda Item C $'"A
Date 6-6 ... I 2..
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56
IV\ I AMI BEAC:r1
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 erA
June 6, 2012 '0 v
Referral to Planning Board -Parking Requirements to lncentivize Hotel
Development
ADMINISTRATION RECOMMENDATION
Forward the proposed ordinance to Planning Board for its review and recommendation.
SUMMARY
At the May 16, 2012 meeting, the Land Use and Development Committee had a
discussion that explored ways to incentivize good hotel development and recommended
that such an ordinance be referred to the Planning Board for its input and
recommendation.
A review of parking requirements for hotels in other Florida cities and in other tourist
destination cities throughout the country show that most of them have a lower parking
requirement for the dense, walkable, urban districts than our current requirement of one
parking space per hotel room (1 :1). While the ITE Institute of Transportation Engineering
parking manual reflects a similar level of required parking as our existing code, this may
reflect a more suburban, auto oriented type of hotel and may be less appropriate for
Miami Beach. This theory is consistent with the other cities surveyed, which generally
have a 1:1 parking requirement for suburban areas and a lower parking requirement for
urban districts.
Based upon the research conducted so far, the hotel parking requirement could be
reduced to 1 space per 2 rooms as an incentive for good hotel development. However,
changing the current parking requirements for ancillary facilities within hotels such as
retail, restaurants, bars, nightclubs, meeting rooms and ballrooms is not recommended.
Parking requirements for such uses have already been discounted for a certain
percezta e of users being guests in the same hotel.
RL
JMG/ /RGLIML
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57
Agenda Item C VB
Date 6-6-12....
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58
City of Miomi Beach, 1700 Convention Center Drive, Miomi 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 r6
June 6, 2012 ~
Referral to Planning Board -changing the permitted uses in a CD-2
district to allow for self storage.
ADMINISTRATION RECOMMENDATION
Forward the proposed ordinance to Planning Board for its review and recommendation.
SUMMARY
At the May 16, 2012 meeting, the Land Use and Development Committee had a
discussion related to "self-storage warehouse" use in the CD-2, Commercial Medium
Intensity zoning district as a Conditional Use; this use is a Conditional Use in the CD-1,
Commercial Low Intensity district, and is a main permitted use in the 1-1 Urban Light
Industrial District. The Committee recommended that the proposed ordinance be
referred to the Planning Board for its review and comment.
At this time it may be appropriate to update the actual list of Conditional Uses within the
CD-2, Commercial, Medium Intensity, zoning district by adding "Self-Storage
Warehouses" as Conditional Uses. However, while staff agrees that there is a need for
this use throughout the City, there are a few concerns that must be expressed in this
regard.
It should be noted that the CD-2 districts throughout the City are either adjacent to
residential uses or separated only by alleys. One of the concerns is the compatibility of
self-storage warehouses to the residential areas that are in close proximity, as well as
the traffic, parking and the noise that may be generated by this use. A self-storage
warehouse is categorized as an establishment engaged in renting or leasing secure
space for self-storage such as rooms, compartments, lockers, containers or outdoor
space where clients can store and retrieve their goods. As it is in the CD-1, staff
suggests that "self-storage warehouse" be a Conditional Use in the CD-2 district to
ensure~o liance and recourse if there were to be problems with the operation.
RL-
JMG/J /RGUML
T:\AGENDA\2012\6-6-12\Referral to Planning Board-warehouse use in CD-2 district.docx
' Agenda Item C V C.
Date '-6 .... /'L
59
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60
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the ity Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: June 6, 2012
SUBJECT: REFERRAL TO THE LAND USE COMMITTEE AND THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE-A DISCUSSION REGARDING THE APPROPRIATENESS
OF GRANTING A PERPETUAL SUB-SURFACE EASEMENT TO COLLINS 3300,
LLC AND 3420 COLLINS AVENUE, LLC, OWNERS OF THE PROPERTIES
LOCATED AT 3301 INDIAN CREEK DRIVE, 3400 COLLINS AVENUE AND 3420
COLLINS AVENUE, FOR A PROPOSED SUBSURFACE PARKING GARAGE, THAT
SPANS THE ENTIRE WIDTH OF THE 50-FOOT PUBLIC RIGHT OF WAY OF 34TH
STREET FOR A LENGTH OF APPROXIMATELY 93 FEET.
ADMINISTRATION RECOMMENDATION
Refer the matter to the Land Use Committee and the Finance and Citywide Projects Committee
for discussion.
BACKGROUND
Collins 3300, LLC And 3420 Collins Avenue, LLC, owners of the properties located at 3301
Indian Creek Drive, 3400 Collins Avenue And 3420 Collins Avenue, are requesting a sub-
surface easement beneath 34th Street for the construction of a sub-surface parking garage that
would connect the properties.
The Administration is recommending that this item be referred to the Committees to determine if
the City wishes to grant easements beneath its rights-of-way for these purposes.
CONCLUSION
The Administration recommends that the Mayor and the City Commission refer the matter to the
Land Use Committee for policy direction and the Finance and Citywide Projects Committee for
compensation discussion.
~8/JJF/RWS
T:\AGENDA\2012\6-6-12\Referral to Land Use and FCWC-34th Street Underground Easement.doc
61
Agenda Item C, f./ j)
Date 6 ... 6-12.
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62
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
~:,::r ;·;~::.: ;~;:~:::e~em:::;: City Commission
June 6, 2012 -~ U
REFERRAL TO THE LAND USE COMMITTEE AND THE NEIGHBORHOOD/
COMMUNITY AFFAIRS COMMITTEE - A DISCUSSION REGARDING AN
AGREEMENT WITH MARRIOTT SEVILLE, FOR IMPROVEMENTS TO AND THE
MAINTENANCE OF THE 29TH STREET END AND TRAFFIC CIRCLE AND FOR THE
CONSTRUCTION OF A PORTION OF THE BEACHWALK.
ADMINISTRATION RECOMMENDATION
Refer the matter to the Neighborhood/Community Affairs Committee for discussion.
BACKGROUND
On May 10, 2011 and June 14, 2011, the Historic Preservation Board (HPB) approved
(pursuant to HPB File No. 7249) the substantial renovation and restoration of the existing Seville
Hotel located at 2901 Collins.
As a result of the development process, Seville Acquisition, LLC (Applicant), as the owner of the
Property, has negotiated an agreement with City staff for the maintenance of the 29th street end
and traffic circle and for the construction of a portion of the Beachwalk.
CONCLUSION
The Administration recommends that the Mayor and the City Commission refer the matter to the
Neighborhood/Community Affairs Committee for discussion and further direction.
~~
T:\AGENDA\2012\6-6-12\Referral to NCAC-Marriott Seville Agreement.doc
63
Agenda Item C 'IE
Date 6-6-I z...
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64
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager
June 6, 2012 "\ ~
A REFERRAL TO THE NEIGHBORJJOD/COMMUNITY AFFAIRS COMMITTEE -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 TEMPORARY LICENSE AGREEMENTS, PERMANENT EASEMENT
AGREEMENTS, AND A STORM WATER PUMP STATIONS AND POLLUTION
CONTROL STRUCTURES MAINTENANCE MEMORANDUM OF AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORMS, WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION, FOR THE CONSTRUCTION, HARMONIZATION, AND
MAINTENANCE OF PROPOSED IMPROVEMENTS AS PART OF THE STATE ROAD
907/ALTON ROAD PROJECT FROM 5TH STREET TO MICHIGAN AVENUE.
ADMINISTRATION RECOMMENDATION
Refer the matter to the Neighborhood/Community Affairs Committee for discussion and further
direction.
BACKGROUND
The Florida Department of Transportation (FOOT) is planning construction improvements on Alton
Road/State Road (SR) 907 from 5th Street to Michigan Avenue (Project). Construction is scheduled
to begin in April2013, and construction duration is estimated to be (12) months. The Project will
include roadway, sidewalk, and curb and gutter reconstruction, significant drainage improvements
including construction of three (3) stormwater pump stations at 5th Street, 1Oth Street, and 14th Street,
decorative roadway and pedestrian lighting, landscaping, irrigation, and bonded aggregate
improvements.
These improvements will require FOOT execute two (2) temporary license agreements, four (4)
permanent easement agreements, and a pump station maintenance agreement with the City. The
two license agreements are needed for harmonization on adjacent City-owned properties,
particularly in the vicinity of Flamingo Park (1200 Meridian) and the City park located at 20th
Street/Sunset Drive/Alton Road. FOOT is requesting four (4) permanent easements from the City
for the maintenance of the pump station electrical panels and drainage structures along 1oth Street
and 14th Street, on City rights-of-way, between Alton Road and Biscayne Bay. In addition, a Storm
Water Pump Stations and Pollution Control Structures Maintenance Memorandum of Agreement
stipulating the FOOT's and the City's maintenance responsibilities in terms of storm water system
Agenda Item C y p
Date {?-6-12....
65
City Commission Memorandum -FOOT Agreements for Alton Road
June 6, 2012
Page 2 of2
interconnectivity, storm water flow regulation, and maintenance of the pump stations and associated
elements, is also required.
CONCLUSION
The Administration recommends that the Mayor and the City Commission refer the matter to the
Neighborhood/Community Affairs Committee for discussion and further direction.
4rd~~RG
T:\AGENDA\2012\6-6-12\FDOT Agreements-Alton Road
66
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Jonah Wolfson, Commissioner
DATE: May 31st, 2012
SUBJECT: Discussion Item for June 6th, 2012 Commission Meeting
Please place on the June 6th, 2012, Commission meeting agenda a referral to the
Finance Committee for a discussion on water conservation methods and the
implementation of same.
If you have any questions, please do not hesitate to contact Leonor Hernandez at
extension 6437.
JW/Ih
: Agenda Item C. lf G-
vve are commitied to providing excellent public service and safety to ali who live, work, and play in oj Date--6---6---~-Z-
67
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68
lD MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Jonah Wolfson, Commissioner
DATE: May 3 1 st, 2 0 1 2
SUBJECT: Agenda Item
Please place on the June 6'h, 2012, Commission Meeting Agenda a referral to the
Land Use and Development Committee for the discussion of RFP for tennis
maintenance and bifurcating maintenance and operations.
If you have any questions, please contact Leonor Hernandez at extension 6437.
JW/Ih
; Agenda ltem __ G.....:..lf_;..H-'---_
We are committed to p1oviding exceilent public se1vice and saFety to ali who iive, work, and play in Olj Date 6: 6 -/ 2.,_
69
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70
C6
COMMISSION COMMITTEE REPORTS
71
(9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
To:
From:
Date:
COMMITIEE MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager .J
June6, 2012 G U
Subject: AMENDED REPORT OF THE CAPITAL IMPROVEMENT PROJECTS OVERSIGHT
COMMITTEE MEETING OF MARCH 19,2012
The meeting was called to order at 5:44 p.m.
Please note: These minutes are not a full transcript of the meeting.
Full audio and visual record of this meeting available online on the City's website:
http://www. miamibeachfl. govlvideolvideo. asp
· Meeting Chaired by Co-Chair Christina Cuervo.
1. ATTENDANCE
See attendance sheet copy attached.
·Ms. Cuervo introduced new member,·Brian Ehrlich, to the Committee.
2. REVIEW AND ACCEPTANCE OF MINUTES 5:46 p.m.
Report of the Capital Improvement Oversight Committee Meeting of February 6, 2012
MOTION:
MOVED:
Acceptance of Report (Minutes) of the February 6, 2012 CIPOC Meeting.
D. Kraai 2"d: T. Trujillo
PASSED: Unanimous
· Dwight Kraai requested a copy of the draft of the stormwater master plan that is currently in
development. Rick Saltrick, Acting City Engineer, told the Committee that Public Works
personnel and others involved in the development of the Stormwater Master Plan were meeting
with the City Manager (Friday, March 23) to present the draft of the plan, clarify some of the
Manager's questions and to clarify costs. The draft will be brought to Commission in April. A copy
will also be provided for members of CIPOC.
ACTION ITEM: Provide a draft copy of the Stormwater Master Plan to Committee members in the
. April agenda. (PWD)
3. ACCOMPLISHMENTS 5:49 p.m.
a. Completion of Fire Station #2 Historic Building and Hose Tower.
Maria Palacios and Shari Holbert Lipner, of the Office of Capital Improvement Projects,
presented information about the construction project to restore Fire Station #2 for use as the
administration building for the fire department including information about the efforts to restore
some significant historic details in the building.
Assistant Chief Javier Otero spoke and said the fire department administration is very happy
with the results.
Tony Trujillo commented favorably on the project.
73
· Agenda Item C ~ 1/
Date 6'6-12..
C/POC MEETING MINUTES, March 19,2012
Page 2 of5
4. PUBLIC COMMENTS
No members of the public came forward.
5. OLD BUSINESS I REQUESTED REPORTS
Status Report: Normandy Isle Neighborhood 6:00 p.m.
David Martinez, Office of CIP Acting Assistant Director reported on behalf of Mattie Reyes, Senior
Capital Project Coordinator, who was out. Installation of the light poles in Normandy Isle has been
completed. The lights were to be energized within a few weeks of the meeting. The City secured
a JOC contractor to complete the crosswalk pavers, and funding has been identified. The project
is expected to begin in April, 2012. CIP has identified a consultant from the A&E rotational list to
complete the plans for the swale reclamation and design for drainage. Design services are
expected to be completed over the summer and if the bid process is conducted on schedule,
construction should be completed by summer 2013.
Discussion: Biscayne Point Neighborhood Improvement Project 6:02 p.m.
CIP Director Fernando Vazquez explained that the final agreement for the new design/build
contract was going to Commission (March 21 ). Added scope generated by newer requirements,
would be included in the package. The contract includes settlement of any delay claims from the
contractor as well.
CIP and the contractor have been meeting with the City Manager. The full, executed contract was
not complete at the time of the CIPOC meeting, and was not yet ready for presentation to
Commission, so a copy was not brought to CIPOC. Christina Cuervo asked for a presentation on
this item to be brought to the Committee for review.
ACTION ITEM: Bring information and a presentation to CIPOC on the final agreement with DMSI
for the Biscayne Point new design/build package.
In the meantime, work had not stopped in the Biscayne Point neighborhood. The contractor is
finalizing water main installations and lighting.
Status Report: Sunset Islands I & II 6:06 p.m.
Maria Hernandez, Senior Capital Projects Coordinator said that work is proceeding according to
schedule.
E. Camargo, who is also a resident of Sunset Island II, commented that work is progressing well.
Christina Cuervo asked how the RPR for this project is working out with the team. Ms. Hernandez
· responded that the company, Schwebke Shiskin, is very responsive and working well. ·The
-" Engineer of Record is Chen and Associates, and all entities involved attend the meeting~ and
respond to all inquiries.
Status Report: Sunset Islands Ill & IV 6:07 p.m.
Rick Saltrick, Acting City Engineer, explained that the Design Criteria Package (DCP) is being
developed with the firm CT3S for the undergrounding of utilities. The City is working with the HOA
for a ballot question to distribute to the neighborhood the end of April. ·
Entry improvements are underway. Final permitting for the guardhouse is also underway. The
City has agreed to pay $50,000 for enhancements to the guardhouse, and the rest of the work will
be funded by the HOA.
*The Committee noted that the item that was brought to the last meeting, which HOA
F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\June 9\AMENDED CIPOC March 19 Meeting MinutesMARCH.docx
74
CIPOC MEETING MINUTES, March 19,2012
Page 3 of5
representatives complained had been pulled from the City Commission agenda in
February, had been placed back on the agenda, and the undergrounding efforts are
proceeding.
Status Report: Lower North Bay Road 6:10 p.m.
Maria Hernandez told the Committee that this project is temporarily on hold while revisions to the
drainage design are being considered, using the new stormwater model. A report on the new
design is expected April 6.
The City Public Works Department is verifying through the drainage model if the design meets the
level of service required.
Dwight Kraai asked if the City is waiting for new Stormwater Master Plan to be completed before
verifying the design for LNBR. Rick Saltrick explained that this project was designed under the
older criteria and is not required to meet tailwater elevations. Public Works is making use of a
more detailed model, and that data is being used to help in the design.
Eleanor Carney asked what hydrographics were being used in the modeling and on what time
period they were basing the rain results. Mr. Saltrick responded that they are using the South
Florida Water Management District graphs which are based on a Syear, 1 day storm event.
Status Report: Venetian Islands 6:14p.m.
Aaron Sinnes, Senior Capital Projects Coordinator, said that the design was resubmitted to the
overseeing agencies after the City responded to the last set of comments (Feb. 3). Schwebke
Shiskin received the changes on February 20, and have submitted their revised cost estimates.
An ITB is anticipated in May.
Eleanor Carney asked for further clarification about the revised cost estimates.
David Martinez said that a certain percentage of fluxuation is allowed with the cost estimate. The
estimate that was just submitted is current and reflects the current market and the cost of fuel.
Ms. Carney asked how much of a shortfall is reflected in the current cost estimate. Mr. Martinez
says that the estimate is short by approximately 10%, which is the equivalent of the contingency,
but to cover all costs comfortably, the City is seeking approximately an additional $650,000. Ms.
Carney complained that the shortfall was a result of money taken out of the project and placed in
the causeway waterline project, without increasing the budget.
Additional discussion surrounded concern over the time schedule. In previous meetings, the City
indicated that the ITB would be out in March and now that component is two month behind the
anticipated schedule.
ACTION ITEM: Bring a revised schedule to the April CIPOC meeting for the Venetian Island
Neighborhood Improvement Project.
Eleanor Carney added that the City was to make efforts to seek other funding sources.
Status Report: Palm & Hibiscus Island Undergrounding 6:24 p.m.
David Martinez, Assistant Director of the Office of Capital Improvement Projects, said that the
City's Legal Department had not yet received the inter-local agreement from the County and City
officials are currently inquiring with the County to receive it. There is a negotiable fee for the
design criteria package preparations and the contract will be executed when the inter-local
agreement comes back and the numbers are known.
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75
CIPOC MEETING MINUTES, March 19,2012
Page 4 of5
6. COMMISSION ITEMS:
RFQ For Construction Management Service 6:25 p.m.
Fernando Vazquez, CIP Director, said that this contract would provide construction management
services on an as-needed basis to help supplement current CIP resources. The City is seeking a
professional construction management firm to assist CIP in managing the multiple neighborhood
improvement projects as infrastructure and streetscape improvement projects ramp up. The
proposed selected firm would provide engineering management services to ensure plans are
properly designed before going to bid. They would also provide assistance during the bidding
process in reviewing bid proposals and construction management services up to project
completion.
A discussion ensued and the Committee requested clarifications on the scope of services
outlined in the RFQ. Assistant City Attorney Raul Aguila joined the discussion as well and
answered some questions about conflicts of interest, etc. The Committee asked that some
clarifications to the RFQ be made before the document goes to Commission. The Committee a/so
requested that the RFQ for the construction management services include a list of the names of
the projects to be supplemented with these services and to a/so include itemized budgets for the
projects. Mr. Aguila opined that changes and addendums can be made up to the issuance of the
RFQ.
The full recording of the meeting can be found at
http://web. m iamibeachfl.qov/mbtv77/scroll.aspx?id=52536
Recommend to the Mayor and Commission to pass the resolution.
B. Erlich 2"d: T. Trujillo
MOTION:
MOVED:
PASSED: 5 Votes in favor
D. Kraai opposed
Flamingo Park Tennis Center Project 7:05 p.m.
Bert Cabanas, Capital Projects Coordinator, explained that the Guaranteed Maximum Price is
$5.2 Million plus owner contingency. The City expects a start date in May and completion in one
year after construction commences. The project will be phased so some courts are open at all
times. A pro shop will also be open during construction, at times in a temporary location.
Denis Russ, representing the Flamingo Park Neighborhood Association, spoke on behalf of the
neighborhood. The community is enthusiastic about the project and has been in close dialogue
with CIP about the project. There is an understanding that the budget evolves with the process as
the market has changed. Mr. Russ is encouraged by the movement forward.
MOTION:
MOVED:
Recommend to the Mayor and Commission to pass the resolution.
T. Trujillo 2"d: E. Camargo
PASSED: Unanimous
C. Cuervo abstained
(citing that a relative works for the company being hired)
Collins Park Garage 7:11 p.m.
Bert Cabanas, Capital Projects Coordinator, explained the project, which will include a 400-space
garage, a pedestrian plaza and retail space.
Christina Cuervo asked for a breakdown of square footage for the retail/commercial
space. The BOOR has not yet been developed or accepted. Once that is complete, this
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76
CIPOC MEETING MINUTES, March 19, 2012
Page 5 of5
information will be included. This Professional Services Agreement includes the
development of the BOOR as part of the Architectural Services.
ACTION ITEM: Bring a breakdown of square footage to the CIPOC as soon as available,
preferably at the April meeting. ..
MOTION:
MOVED:
Recommend to the Mayor and Commission to pass the resolution.
T. Trujillo 2"d: E. Carney
PASSED: Unanimous
Meeting Adjourned: 7:17p.m.
Next CIPOC meeting is scheduled for Monday, April 8, 2012 at 5:30 p.m. in Commission
Chambers. However, meeting schedule may change. Official notification will be posted on the
City Clerk Calendar, http://www.miamibeachfl.gov/calendar/cmbcalendar.aspx each month.
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77
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78
(9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager~
June 6, 2012 (j U
REPORT OF THE MAY 16, 2012 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A Land Use and Development Committee meeting was held on May 16, 2012. Members
in attendance were Commissioners Gongora, Wolfson and Libbin. Members from the
Administration and the public were also in attendance. Please see the attached sign-in
sheet. The meeting was called to order at 4:20pm.
1. BOARD MEMBER QUALIFICATIONS AND CATEGORIES
(REQUESTED BY CITY COMMISSION, APRIL 11, 20121TEM R51,
ORIGINALLY REQUESTED BY CITY COMMISSION
JANUARY 28,2009, ITEM C4H)
AFTER-ACTION: DEFERRED
2. DISCUSSION ON THE PARKING REQUIREMENT AND HOW WE CAN
INCENTIVIZE FOR GOOD HOTEL DEVELOPMENT.
(DEFERRED FROM THE MARCH 28, 2012 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON
FEBRUARY 9, 2011 CITY COMMISSION MEETING, ITEM C4C)
AFTER-ACTION: Richard Lorber introduced the item and how the proposal would be
similar to parking requirements in other urban hotel areas throughout the area. The
Committee expressed general approval for referral to Planning Board.
MOTION: Libbin/Wolfson: (3-0). Refer to Planning Board.
3. DISCUSSION ON RM-2 ZONING DISTRICT REGULATIONS.
POSSIBLE AMENDMENT TO THE ACCESSORY USE REGULATIONS TO PERMIT A
LIMITED NUMBER OF COMMERCIAL ACCESSORY USES IN AN APARTMENT
BUILDING ADJACENT TO A PUBLIC BAYWALK TO BE OPEN TO THE PUBLIC.
(RETURNING FROM THE MARCH 28,2012 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER EDWARD L. TOBIN,
APRIL 13, 2011 CITY COMMISSION MEETING ITEM C4H)
AFTER-ACTION: Jorge Gomez introduced the item. Steve Polisar indicated that they
met with staff and Mr. DelVecchio and Mr. Marcus. Resident of the Capri Hal Phillips
spoke. Mr. Marcus spoke. Richard Lorber explained how the ordinance would require
Conditional Use approval by the Planning Board, which would be noticed to all residents
within 375 feet.
79
Agenda Item Ct; .8
Date ?6--/L
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of May 16, 2012
Page 2 of4
MOTION: Libbin/Wolfson: (3-0) refer ordinance to Planning Board.
4. DISCUSSION OF JURISDICTION OF LAND USE BOARDS OVER
APPEALS.
(DEFERRED FROM THE MARCH 28, 2012 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
APRIL 13, 20111TEM R9G MOTION #2)
MOTION: Libbin/Wolfson: (3-0) Deferred from LUDC -Referred to Charter Review
Committee.
5. DISCUSSION OF PROCEDURES FOR OBTAI
AND FORMAL ADMINISTRATIVE DETER
DIRECTOR.
MOTION:
(DEFERRED FROM THE
REQUESTED
APRIL 13, 2011,
Review
Committee.
MOTION:
ED USES IN A CD-2
MEETING
JERRY LIBBIN
ON MEETING, ITEM C4G
item. Commissioner Libbin asked for
Attorney Wayne Pathman discussed
and Alton Road. David Blum spoke
from the Flamingo Park Neighborhood
1!/jUii:)vU·;:);:>o:::;•u the impact of the proposal on the
signage could be limited.
limiting the prol
signage; item to return to
Refer to Planning Board with direction to address
use in the CD-2 districts, and to address issues of
LUDC prior to going to Commission.
7. FOLLOW-UP DISCUSSION OF CONTROLLED, LIMITED AND ATTENTIVE OFF-
LEASH HOURS AT PINE TREE PARK
(RETURNING FROM THE OCTOBER 26, 2011 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON
SEPTEMBER 14,2011 CITY COMMISSION MEETING, ITEM C4A)
AFTER-ACTION: Hilda Fernandez introduced the item and discussed the bark park
options. Kevin Smith explained the capital budget that they have reserved was
$105,000. Discussion centered on the expansion of the existing bark park, with seating
80
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of May 16, 2012
Page3 of4
for dog owners and a fountain for dogs. Commissioner Libbin asked about the $105,000
budget and how it is used. Residents spoke, Rick Kendle spoke. Jonathan Groff, Chair
of the Park Board spoke. Mark Derr spoke about the parking lot at the park. Gordon
Loader spoke. Commissioner Libbin expressed support for a larger fenced dog park
MOTION: Libbin/Wolfson (3-0) Expand the dog park, as shown in the approved plan,
but keep it fenced, subject to County approval if the City Attorney's office determines it is
required.
8. DISCUSSION ON ARTIFICIAL GRASS AT HOTELS AND HOMES AND THE
PLANNING DEPARTMENT PROCEDURE FOR APPROVING SAME.
(DEFERRED FROM THE MARCH 28, 20 LUDC MEETING
ORIGINALLY REQUESTED BY COM JONAH WOLFSON
SEPTEMBER 14,2011 CITY COM MEETING, ITEM C4C)
AFTER-ACTION: The item was discussed
MOTION: Wolfson/Libbin (3-0) Send
9. DISCUSSION REGARDING
BOARD TO MODIFY THE
SINGLE FAMILY HOMES.
11. DISCUSSION
PEOPLE WHO COME
WITHOUT A PERMIT.
RVATION
TION OF
MEETING
RABOWER
NG, ITEM C4M)
IWIIWIII ........... , ..... NER JONAH WOLFSON,
COMMISSION MEETING, ITEM C4K)
NOT CHARGING DOUBLE PERMIT FEES FOR
AND REQUEST PERMITS FOR WORK DONE
(REQUESTED BY COMMISSIONER JONAH WOLFSON
DECEMBER 14,2011 CITY COMMISSION MEETING, ITEM C4A)
AFTER-ACTION: DEFERRED
12. DISCUSSION CONCERNING THE TERMINAL ISLAND TRAFFIC STUDY AND
CIRCULATION STUDY.
(RETURNING FROM THE MARCH 28,2012 LUDC MEETING
81
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of May 16, 2012
Page4 of4
ORIGINALLY REQUESTED BY COMMISSIONER MICHAEL GONGORA
MARCH 21, 2012 CITY COMMISSION MEETING, ITEM C4K)
MOTION: Libbin/Gongora (2-0) Direct staff to meet with FPL and bring back an update
at next meeting.
13. DISCUSSION ON WAYS TO ENHANCE THE LAND USE BOARDS OF MIAMI
BEACH IN ORDER TO IMPROVE THE CITY OF MIAMI BEACH BUILDING AND
PLANNING DEPARTMENT AND PROCESSES.
(DEFERRED FROM THE MARCH 28,2012 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER MICHAEL GONGORA
MARCH 21, 2012 CITY COMMISSION M , ITEM C4M)
AFTER-ACTION: The Committee discussed
requirements, appeals of board decisions, and the
MOTION: Bring back to Committee with
14. REQUEST FROM CITY A
REFERRAL TO LAND USE AND
AMENDMENT TO SECTION 30-36, APPOI
AFTER-ACTION:
MOTION: Send
2012 AFTERACTION-2.DOCX
82
Is, including residency
MITTEE FOR
TO DISCUSS
MASTER
City Attorney.
NAME 1. 2. 3. 4. 5. 6. 7. 8. 00 I 9. w I 10. 11. 12. 13. 14 17. 18. 20. LAND USE AND DEVELOPMENT COMMITTEE MEETING May 16, 2012@ 4:00pm City Manager's Large Conference Room Attendance Sheet CONTACT NUMBER I I WISH TO RECEIVE THE AGENDA ELECTRONICALLY ----/
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(9 MIAMIBEACH
DRAFT
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
COMMITTEE MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
City Manager Jorge M. Gonzale'f\~
June 6, 2012 u· 0
SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE
MEETING OF May 17, 2012.
OLD BUSINESS
1. Discussion regarding new recycling bins throughout the ROW on the
beach
ACTION
The Committee recommended that the item be brought back at the time the FY
2012/13 budget is presented and that staff determine the number of recycling bins
needed and where the recycling bins will be placed to ascertain the costs
associated with each bin option.
Public Works Director Fred Beckmann presented the item.
On April 19, 2012 the Finance and Citywide Projects Committee (FCWP) recommended
that one GoGreen Eco-Bin and one Big Belly Solar unit be installed in the Right-of-Way
(ROW) to compare the two models. These bins along with the City's current silver
recycling bin and the proposed Coca-Cola sponsored bin have been placed at Euclid
Circle on Lincoln Road. Coca-Cola provided the uniform messaging panels for the
GoGreen Eco-Bin and Big Belly Solar. Since 2009, the City installed 74 dual recycling
bins and 7 4 silver urban style standalone silver recycling bins throughout the City's
ROW, and 7 4 dual recycling/trash bins at beach entrances, and in select parks. The
bins were financed through negotiations with the City's franchise waste haulers.
Through these negotiations, the City's franchise waste haulers provide in-kind solid
waste and recycling pick-up. Waste haulers service the ROW waste receptacles on a
regular schedule to ensure a high level of service in City parks, beach entrances and
ROW locations. The City is also still in discussions with Coca-Cola for ROW recycling
bins as part of the Coca-Cola partnership agreement. As part of this agreement, Coca-
Cola is developing signage and wraps for existing recycling bins to improve recycling
rates. In addition, Coca-Cola has proposed a new silver bin to be installed along Lincoln
Road and has agreed to purchase at least nineteen (19) new recycling bins once a style
and design has been approved by the City.
85
Agenda ltem. __ c_c,_c __
Date--=-6.....;-6::::;_--=-(-=2_:.-..
The Sustainability Committee believes that the City should consider improving the
design of the recycling receptacles currently deployed throughout the City. A number of
companies have presented dual trash and recycling receptacle products to the
Sustainability Committee, including GoGreen Eco-Bin and Big Belly Solar. Both of these
companies' business models include an option to use advertising to offset the cost of
providing these public benefits. An ordinance was adopted-by the City in 2001, codified
in Section 82-414 (Attachment D) in the City Code, which addresses directory signs, bus
shelters, and the bike sharing program, which are supported by advertisement. Section
82-414 would need to be amended to permit advertisement on waste receptacles. Other
concerns that have been identified with selecting new recycling receptacles included
size constraints in the ROW, uniformity with current receptacles, and odor problems
associated with the compacting models.
Currently, it costs the City approximately $400 to operate/maintain a City recycling bin
over a five year period. The bins are purchased through funds from our waste haulers,
and the regular servicing of the bins is at no cost to the City. It would cost approximately
the same amount to operate and maintain the Coca-Cola bins that would be provided for
free to the City. Based on the proposals submitted, the cost (per bin, over five years) for
the City to own· and operate the GoGreen Eco-Bin would be approximately $6,000 and
the cost to own and operate the Big Belly Solar unit would be approximately $9,500.
The per bin cost for the City to lease the bins and advertising/community messaging
space over five years is approximately $7,200 for the GoGreen Eco-Bin, and is
approximately $9,700 for the Big Belly Solar unit.
Sanitation Director Alberto Zamora expressed concerns about the durability of the solar
panel on the Big Belly unit and asked the cost to replace it if it got damaged. Laura
Craven, of Dade Paper, stated that she was not with the manufacturer of the Big Belly
Solar Bins but with the distributor, but would find out the cost of replacing the solar
panel. Ms. Craven also stated that the solar panel could be cleaned if it were graffitied
or covered and that the motorcycle battery which operates the compactor would
continue to work for approximately 30 days if the solar panel was covered or damaged.
Commissioner Jorge Exposito asked what the savings would be from using the new
recycling bins. Mr. Beckmann stated that the least costly would be the Coca-Cola
provided bins (no cost to the City for some bins; only $680 per bin for any purchased by
the City directly), then the GoGreen Eco-Bin, and the most costly would be the Big Belly
Solar unit. Furthermore, Mr. Beckmann stated that replacing the recycling bins which
currently are provided by the franchise waste haulers would not create a savings for the
City in terms of servicing them because the City has no expense with these bins; the
City's franchise waste haulers provide in-kind solid waste and recycling pick-up at no
cost to the City. The Committee asked if the bins were "operational" in terms of their
ease to be accessed and serviced. Mr. Zamora stated that all bins were "operational"
with the exception of the GoGreen Eco-Bin. Chairperson Deede Weithorn asked if there
were currently recycling bins located in places other than South Beach. Mr. Beckmann
stated that there are some bins located in parks and beach entrances in Middle and
North Beach. Chairperson Weithorn then asked how many more bins would be needed
throughout the city. Mr. Zamora stated that he would get back to Chairperson Weithorn
with the number. The Committee recommended that the item be brought back at the
time the FY 2012/13 budget is presented and that staff determine the number of
recycling bins needed and where the recycling bins will be placed to ascertain the costs
associated with each bin option. -
2. Discussion regarding a renewal of the current management agreement
between the City of Miami Beach and The Miami Beach Garden
86
Conservancy for the management and operation of the Botanical Garden;
as well as a proposal to increase the rental rates for use of the facility.
ACTION
The Committee recommended that the management agreement be extended for
the five-year renewal option, and that a review of the proposed fee increases be
discussed when the FY 2012/13 budget is presented, and that the Miami Beach
Garden Conservancy prepare a projection of what their income will be based on
the new rate schedule; and that the discussion on an additional renewal period
occur at that time.
Assistant City Manager Hilda Fernandez and Real Estate, Housing, Community
Development Director Anna Parekh presented the item.
The item was discussed briefly at the April 19, 2012 F&CWP Committee meeting and
referred to the budget meetings. However, since the current term expires June 30, 2012
Commission action was required before then. As a result, the item was placed on the
F&CWP Committee agenda again.
On January 17, 2007, the Mayor and City Commission approved a Management
Agreement with the Miami Beach Garden Conservancy (the Conservancy) for the
operation of the Botanical Garden, with an initial term of five (5) years, commencing on
July 1, 2007 and ending on June 30, 2012, with option, at the City's sole discretion, to
renew and extend the Agreement for an additional five (5) year term. Since taking over
the operations of the Botanical Garden in July 1999, the Conservancy has initiated
extensive public outreach initiatives and educational programming, and has played an
important role in working with the City to plan and implement the recently completed
renovation of the Botanical Garden. In order to see the Master Plan through to
completion and to continue its mission of providing quality horticultural, educational and
volunteer-based programming initiatives, the Conservancy is asking to exercise its
renewal option for an additional five years. Also, in light of the recent improvements to
the premises, and in order to be more competitive with comparable venues in South
Florida, the Conservancy is proposing to increase the rental rates at the Botanical
Garden, which also requires the City's approval. Additionally, the Conservancy is asking
the City to consider amending the Management Agreement to provide for an additional
renewal option for an additional five (5) years, at the City's sole and absolute discretion.
It was noted that this is separate and in addition to the one renewal option provided for
and authorized in the current Management Agreement. Suzanne Stolar, President of the
Miami Beach Garden Conservancy, stated that the five (5) year renewal and the five (5)
year extension is important because the Conservancy will be hiring a new executive
director. The Committee recommended that the management agreement be extended
for the five-year renewal option, and that a review of the proposed fee increases be
discussed when the FY 2012/13 budget is presented, and that the Miami Beach Garden
Conservancy prepare a projection of what their income will be based on the new rate
schedule. Further, they deferred action on the requested additional five year renewal
period until that time.
NEW BUSINESS
3. Discussion regarding the issuance of a Request for Proposals (RFP) for the
management and operation of street markets in Miami Beach at various
locations
87
ACTION
The Committee recommended issuing the Request for Proposals (RFP); that the
RFP is broad enough for a market in locations other than where the markets are
today; and recommended that the current agreement(s) be allowed to continue on
a month-to-month basis until the process was completed.
Staff is to review and research the per day charge for electrical service.
Real Estate, Housing, Community Development Director Anna Parekh presented the
item.
On September 6, 2006, the Mayor and City Commission adopted Resolution No. 2006-
26281, awarding, pursuant to RFP 30-05/06, the operation and management of the
Green Markets on Lincoln Road, Espanola Way and Normandy Isle to the Market
Company and the operations and management for the Antique and Collectibles Market
on Lincoln Road to Production Sud, Inc. The City entered into four separate
management and operating agreements governing each of the Markets, each
commencing on October 1, 2006 and terminating on September 9, 2009. The
Agreements provided for an extension of the respective terms for an additional three (3)
years, which was approved by the City on July, 1, 2009. It was noted that shortly after
the renewal options were approved, the Espanola Way Market was closed due to lack of
interest by the vendors. With no additional renewal options remaining, the current terms
are set to expire on September 30, 2012. For allowing the Markets to operate in their
respective locations, the City receives rent equivalent to the greater of a fixed
percentage of concessionaire's gross receipts or an established minimum guarantee.
The City also receives certain additional rent from the Concessionaires to cover the cost
of field monitoring at $19.85/hour for a maximum of 2 hours per event; $100.00 paid in
four equal quarterly installments of $25.00 each to cover the cost of pressure cleaning;
and $4.00 per market day for each vendor that requires electrical service. The original
intent of bringing the Markets to Miami Beach was to establish an ancillary activity to
attract new business for the merchants in the areas in which they are located,
particularly during the summer and off-season months. However, since the number of
vendors participating in the Green Markets is significantly reduced during the summer
and off-season and the Antiques and Collectibles Market only operates from October
through May. Staff recommended the Committee consider a new Request for Proposals
(RFP) process to solicit interest in managing and operating street markets on Miami
Beach in one or more of the four locations and that the scope of the RFP be expanded
to include other areas of the City, provided however, the locations involved have the
support of the respective neighborhood and/or neighborhood association, do not
interfere with traffic circulation and parking and don't pose any life-safety and/other
code-related problems. Additionally, staff recommended allowing the current markets to
continue operating on a month-to-month basis beyond their respective expiration dates,
until such time that new agreements are executed.
Chairperson Deede Weithorn asked if staff was seeking one operator for all of the
markets or could there be several operators. Ms. Parekh stated that there could be
several operators. Commissioner Jorge Exposito asked if there had been any requests
for a market in the north end of Miami Beach. Assistant City Manager Hilda Fernandez
stated that there has been some discussion about Ocean Terrace and suggested that if
the RFP could be made broad enough, for proposers to suggest a market in locations
other than where the markets are today. The Committee recommended issuing the
Request for Proposals (RFP); that the RFP is broad enough for a market in locations
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other than where the markets are today; and recommended that the current
agreement(s) be allowed to continue on a month-to-month basis until the process was
completed. Commissioner Exposito stated that the $4.00 per market day charge for
electricity seemed low. Ms. Fernandez stated that staff would ask the Property
Management Department for an estimate for use of electricity.
4. A discussion regarding approving a second amendment to the retail lease
agreement by and between the City of Miami Beach, The Miami Beach
Redevelopment Agency (RDA) and Penn 17, LLC (Lessee), involving the
lease of ground floor retail space at the Pennsylvania Avenue Garage
ACTION
The Committee recommended that the item be approved and brought to the full
Commission along with the maintenance standards of the sidewalk cafe permit.
Real Estate, Housing, Community Development Director Anna Parekh presented the
item.
On April 13, 2011, the Mayor and City Commission passed Resolution No. 2011-27647,
approving a lease agreement (the Lease), having a term of nine (9) years and 364 days,
between the City, the Redevelopment Agency (RDA) and Penn 17, LLC (Tenant), for
use of the ground level retail space at Pennsylvania Avenue Garage, 1661 Pennsylvania
Avenue, Miami Beach for a restaurant (primary use}, with ancillary uses for a bakery, a
bar/cafe, and a book and gift shop. In February, 2011, the City's Broker was able to
secure the interest of the current approved Tenant, whose background in the restaurant
industry is well suited to taking on the cost of building out the space, which at the very
least would have to include the installation of a grease trap, additional sub-grade
plumbing and venting of the kitchen exhaust, none of which were provided for in the
design of the space. As plan development progressed, it became apparent that some of
the challenges in converting the space proved considerably more complex and time-
consuming than originally anticipated, particularly related, but not limited to, the
engineering and permitting of the venting for the kitchen exhaust; installing not one but a
system of multiple grease traps; the build-out of the storage room and particularly the
design of the structural slab; restoration of the existing structural slab in the retail space
following partial demolition to install the plumbing; and addressing additional flood-
proofing criteria. The plans have also undergone extensive revisions to address
comments and concerns raised by the Building Department, as well as certain other
regulatory agencies, as part of the permitting process. As a result of the delays, it is
anticipated that the opening date, originally planned for April 2012, is now pushed back
to late July or August. However, the Lease Agreement, in acknowledgement of the
Tenant's originally anticipated schedule and level of investment, currently provides a six
month rent credit, with rent payments that formally commenced on April 13, 2012. Out
of consideration of the Tenant's ongoing commitment and level of investment, staff
recommended an additional one-month rent credit, together with a deferral of an
additional two month's rent, to be repaid in equal monthly installments together with the
Tenant's regular payments of rent, taxes and Common Area Maintenance (CAM),
commencing on the first day of the third year of the lease term.
Also, pursuant to the Lease, the Tenant is in the process of building out the area located
beneath the garage ramp to render it useable for walk-in refrigerated food and beverage
storage, dry storage, certain food preparation and for general deliveries. The Tenant's
work includes creating an access door, installing lighting, electricity, plumbing, life-safety
systems, pouring a floor slab and installing refrigerators and storage enclosures.
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Immediately adjacent to this area is an existing 284 square foot storage room used to
store the building's flood barrier panels. In order to properly level and tie in with the
existing slab under the panel storage room, the Tenant's work mandated the removal of
the interior walls in this space, which in effect squares off the entire space beneath the
ramp as one contiguous area. While the Tenant's plans provide for restoration of the
City's storage panel room in the same location, the Tenant is instead proposing to retain
and incorporate this space as part of its storage area and to construct, at its sole cost
and expense, a new floor-to-ceiling enclosure for the City in an alternate and unused
space located on the ground floor of the garage. Pursuant to the Lease, the Tenant
currently pays the established CAM rate of $10.00 per square foot for use of the storage
space. The additional 284 square feet will increase CAM by $2840, from $98,850 to
$101,690 annually. In acknowledgement of the significant added value created by the
Tenant's build-out of this previously unusable area of the garage, staff recommended
approving this minimal modification and amending the lease accordingly.
Commissioner Jorge Exposito asked if there were minimum standards set for
maintenance of the sidewalk area. Assistant City Manager Hilda Fernandez stated that
the standards of maintenance of the sidewalk area are covered by the sidewalk cafe
permit and are not part of the lease agreement. Commissioner Exposito asked that
when the item is brought to Commission that the expected maintenance of the sidewalk
as part of the sidewalk cafe permit be included. The Committee recommended that the
item be approved and brought to the full Commission along with the maintenance
standards of the sidewalk cafe permit.
5. Discussion regarding a resolution authorizing the City Manager to solicit
the services of a qualified firm(s) to audit the processes of certain
regulatory departments or divisions
ACTION
The meeting was recessed and will reconvene June 1, 2012 at 10 am.
Assistant City Manager Hilda Fernandez presented the item.
This portion of a four-part Commission Item from the May 9, 2012 Commission Meeting
was referred to the Finance & Citywide Projects Committee for further discussion and
direction.
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 the meeting, the Commission appointed Commissioner Deede Weithorn
to work with the administration to develop the scope of the work for this process, and to
assist the 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 the Capital Improvement Projects Office, Code
Compliance Division, and Parking Enforcement.
Based on recent events with the Code Compliance and Fire Inspection divisions, it was
recommended that similar external audits be initiated of the Code Compliance Division;
Fire Inspection process; Parking Enforcement Division; Fire Prevention Division; Public
Works Department (permitting processes only); Planning Department (permitting
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processes, concurrency fees, impact fees and other related areas); and Special Master
Processes. The firm(s) will be asked to prioritize and complete audits of the Code
Compliance Division, Fire Inspection process and Parking Enforcement Division first.
In order to expedite the process, an initial meeting was convened on April 23, 2012 to
discuss the potential scope of such an audit. Based on the input from the participants in
the meeting, it was concluded that the minimum criteria be necessary for a firm to
conduct these audits would include the following:
• Experience with similar regulatory systems, including dispatch-based process;
• 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, the selected
firm would complete their review of these three areas within 120 days of contract
execution, with separate final reports to follow in 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. A preliminary list of potential consultants to perform these external audits was also
developed at the initial meeting. It was recommended that a process similar to that used
in the selection of the 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.
Commissioner Ed Tobin asked that the Capital Improvement Projects (CIP) Department
be added to the departments that are audited. Chairperson Deede Weithorn stated that
the skill set needed to audit the CIP Department is different from the skill set to audit the
other departments and suggested that it be brought up as a separate engagement.
Commissioner Tobin was also concerned about the projects handled by the Public
Works Department. Chairperson Weithorn suggested that that type of investigation
could be added to the suggested CIP audit. Commissioner Tobin then stated that he
would like Chairperson Weithorn to be the liaison. Commissioner Tobin then asked how
long it would take to hire the audit firm. City Attorney Jose Smith stated that a waiver
was approved at the May 9, 2012 Commission Meeting. Commissioner Tobin restated
that he wanted to Chairperson Weithorn to be the liaison and to make decisions on
behalf of the Commission regarding the audit. Conversation ensued. The
Administration will work with Commissioner Weithorn to send out a request for
Expressions of Interest to identify firms, and receive responses. The Committee will
meet to review the responses and determine which firms they would like to interview. A
recommendation is anticipated for the June 6, 2012 City Commission meeting. The
meeting was recessed and will reconvene June 1, 2012 at 1 Oam.
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6. Discussion regarding memorandum of understanding between the City, on
behalf of the Police Department, and the Federal Bureau of Investigation,
Miami Area Corruption Task Force
ACTION
The Committee recommended approval of the Memorandum of Understanding
(MOU) and that the item be brought to the full Commission.
Police Chief Ray Martinez presented the item.
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 to identify significant public
corruption investigations throughout the Southern District of Florida. 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. 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.
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. The proposed
Memorandum of Understanding (MOU) between the FBI and the City of Miami Beach on
behalf of the MBPD 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 in 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.
Chairperson Deede Weithorn asked whose supervision the police officer would be
under. Chief Martinez stated that the officer would be under the FBI's supervision and
would report to the Internal Affairs chain of command. Chief Martinez then introduced
FBI Supervisory Special Agent John Jimenez, supervisor of the Public Corruption Task
Force. Commissioner Jorge Exposito asked for clarification on where the Miami Beach
Police Officer would be assigned. Agent Jimenez stated that the officer would work on
cases in Dade County, including Miami Beach. Commissioner Jorge Exposito asked
who the findings would be reported to and what the Miami Beach Police Officer's chain
of command would be. Agent Jimenez stated that the reporting that is done would be
FBI reports and could not be disseminated outside of the FBI without the FBI's approval;
92
communication with the Miami Beach Chief of Police would be done on a "need to know''
basis; depending on the scope of the case; and would be left to up to his discretion.
Commissioner Exposito then asked if there was training for the officer that could be
brought back to the Police Force. Agent Jimenez stated that there is FBI training that
the Miami Beach officer would participate in and that FBI would expect that the training
would be brought back to the Miami Beach Internal Affairs Department. Chairperson
Weithorn asked how long an officer is typically assigned to the task force. Agent
Jimenez stated that there is no limitation and that his recommendation, because there is
a learning curve in investigating public corruption and FBI procedures, would be a
minimum of a three to five year commitment. City Attorney Jose Smith asked if there
certain crimes that involve public corruption that are not within the jurisdiction of the FBI
and if so, does the FBI work with the State Attorney's Office to pursue the investigation.
Agent Jimenez stated that there are not many violations that are not within the
jurisdiction of the FBI, but there can be and those cases are referred to the State
Attorney's Office. The Committee recommended approval of the Memorandum of
Understanding (MOU) and that the item be brought to the full Commission.
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94
lD MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager~
June 6, 2012 Q U DATE:
SUBJECT: REPORT OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE HELD ON
TUESDAY, MAY 22, 2012.
A meeting of the Neighborhood/Community Affairs Committee was scheduled for Tuesday, May 22,
2012 at 3:00 pm and was held in the City Manager's Large Conference Room, 4th Floor of City Hall.
Commissioners in attendance: Commissioners Ed Tobin, Jerry Libbin (arrived at4:45 pm), Jorge
Exposito and Jonah Wolfson (arrived at 3:19 pm). Members from the Administration and the public
were also in attendance. Please see the attached sign-in sheet.
1. DISCUSSION REGARDING A DRAFT ORDINANCE THAT REGULATES PRIVATE PARKING
LOTS OR FACILITIES WITH AUTOMATED PAY MACHINES.
(4:45PM)
Commissioner Libbin explained the origin of this draft ordinance.
Parking Director Saul Frances explained that previous direction from the Committee was to come
back with a warning notice requirement, which is included in the agenda package. The
requirement includes better signage as well as that a notice be placed on any ticket or other
transaction document issued at the lot, any receipt, or on the pay station itself.
Commissioner Libbin added that if the customer is using the 1-Park system, they would not go to
the pay machine to see a notice posted there. Mr. Frances explained that notice is intended to be
included in signage prominently posted at the entrance.
Assistant City Manager Jorge Gomez suggested noticing the 1-Park patrons that their 1-Park
transponders will not work at privately owned lots.
Chief Deputy City Attorney Raul Aguila explained the tow authorization process.
Gabrielle Redfern spoke.
Commissioner Libbin made a motion to authorize the Administration to move forward with the
draft ordinance amendment. Commissioner Wolfson explained that his is agreeable with the
signage requirement but is not agreeable with the requirement of a one-hour grace period in
private lots.
Rafael Andrade spoke.
Commissioner Libbin asked what happens if the machine is not functioning. City Attorney Smith
said it is a civil matter.
A lengthy discussion ensued regarding the grace period.
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Agenda Item C b ()
Date 6 -6 -I Z.
City Commission Memorandum
June 6, 2012
Report of the Neighborhoods/Community Affairs Committee of May 22, 2012
Page 2 ofB
Commissioner Wolfson suggested going with the signage requirements for now and six months
from now consider more significant measures if necessary. Commissioner Wolfson made the
motion to notice in a more conspicuous fashion, letting Assrstant City Manager Gomez determine
the amount of signage and revisit this issue in six months. Motion was seconded by
Commissioner Tobin and Commissioner Exposito concurred. Commissioner Wolfson suggested
penalties for not having the appropriate signage.
William Joseph spoke.
ACTION: The Committee (Commissioners Tobin, Libbin, Exposito, and Wolfson present)
unanimously moved to recommend the signage requirement to the City Commission and to revisit
the issue in six months.
2. DISCUSSION REGARDING SECURITY CAMERAS.
(3:25PM)
Commissioner Tobin stated that he is in favor of security cameras.
Police Major John Bambis introduced Captain Rabelo and Lieutenant Hernandez. Major Bambis
reviewed salient points when considering the installation of a public surveillance system, as well
as the legal issues. A PowerPoint presentation was made.
Commissioner Tobin asked if the video must be monitored. Major Bambis explained that is a
choice as to whether the system will be actively monitored to make arrests or as more of a
passive system for historical data to use later in an investigation. Active monitoring is very labor
intensive and the number of people needed to staff the operation would be based on the number
of cameras installed. If the decision is to use the system in a more passive way, monitors could
be installed in the Public Safety Communications Unit (PSCU) where personnel are on site 24/7.
In this instance, if a call were to come in while a crime is in progress, staff would be able to view
the video if cameras were installed in that particular area.
Commissioner Tobin expressed that while he is in favor of surveillance cameras, some
Commissioners may not feel the same way. He would like information comparing active and
passive monitoring and how these systems have worked in other cities.
Commissioner Exposito explained that his questions relate to the cost of the cameras and the
associated equipment and staffing for monitoring the videos. He noted that he has read of some
Federal grants and wondered if the City would be eligible for funding. He likes the idea of the
cameras and thinks the discussion should be sent to the Finance Committee rather than directly
to the Commission.
Commissioner Tobin stated that he believed the fundamental question needed to be answered
(whether the City wants to utilize technology to help fight crime or not). Commissioner Wolfson
added that he believes that tourists would feel very comfortable knowing they would be safe.
Commissioner Exposito stated that he is in favor of the cameras.
Commissioner Wolfson suggested asking a company to do a pilot program. Commissioner Tobin
stated that an RFP would have to be done first. Commissioner Wolfson suggested taking this
discussion to the Commission to determine if it is supported and if it is, send it to the Finance
Committee to discuss sending it out for RFP. Commissioner Exposito suggested having some
fundamental information for the Commission to discuss. Commissioner Tobin stated to bring the
discussion to the Commission in July with a presentation to include a rough cost estimate. Major
Bambis asked what scope the Committee wanted to include. Commissioner Tobin asked to
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City Commission Memorandum
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Report of the Neighborhoods/Community Affairs Committee of May 22, 2012
Page 3 of8
concentrate on where the highest number of rapes and robberies are occurring and asked the
Police staff to determine the best locations to make a dent in crime. Commissioner Tobin clarified
that Police staff should be prepared for the July Commission meeting with information from cities
with both passive and active surveillance.
ACTION: The Committee (Commissioners Tobin, Exposito, and Wolfson present) directed Police
staff to prepare a presentation for the July Commission meeting to include options and
suggestions for the installation and use of public surveillance cameras. The presentation should
include rough cost estimates, recommended locations for cameras, monitoring recommendations
and comparative information from other cities for both passive and active surveillance.
3. DISCUSSION AND UPDATE ON THE CITYWIDE DUNES MAINTENANCE PLAN.
(3:40PM)
Public Works Director Fred Beckmann reviewed the progress of the dune maintenance program.
Commissioner Tobin asked if the responsibility for the maintenance of the dunes can be divided
up amongst a few people to establish accountability. He would like to hold someone responsible
when a section of the dune is neglected. He is frustrated with spending time at meetings figuring
out the plan that will be used to cut the grass and believes that time can be better spent cutting
the grass and maintaining the dunes on a regular timely basis.
Commissioner Exposito would like to see a proactive schedule. Mr. Beckmann suggested
returning to the Committee in June with a plan for a regular schedule for maintenance.
Commissioner Tobin agreed and asked that the plan include having the areas currently being
handled by volunteers be handled by staff and utilize volunteers as supplement.
ACTION: The Committee (Commissioners Tobin, Exposito, and Wolfson present) directed the
Administration to return to the next Committee meeting with a plan for maintenance of the dunes
and identifying who is responsible.
4. FOLLOW-UP DISCUSSION AND REQUEST FOR DIRECTION CONCERNING THE
CONTINUATION OR TERMINATION OF THE DOG OFF-LEASH PILOT PROGRAM
APPROVED BY THE CITY COMMISSION IN SOUTH POINTE PARK.
(5:25PM)
Assistant City Manager Hilda M. Fernandez reviewed the history of the off-leash dog park in South
Pointe Park.
Commissioner Libbin stated that he is in favor of the hedge to border the off-leash area.
William Joseph spoke.
Commissioner Tobin asked if the fines related to dogs are being paid. Ms. Fernandez stated that
information will be researched and provided.
Code Compliance Division Director Robert Santos-Aiborna explained the challenges for his staff
in enforcing the dog regulations.
Commissioner Tobin suggested making this a criminal offense. Assistant City Manager
Fernandez stated that she would have to discuss that with Police. Commissioner Tobin asked the
Administration to find out what other cities are doing to enforce these laws. He then
recommended extending the pilot program in South Pointe Park. Commissioner Exposito stated
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Report of the Neighborhoods/Community Affairs Committee of May 22, 2012
Page 4 of8
that the program should maintain the same hours as is currently in place. He added that the
Committee should not lose sight of the fact that parks are for people too.
Commissioner Tobin asked that when the appeal of the Design Review Board decision comes
back to Commission that a sub-issue be brought up to get a sense of the how the Commission
would feel about making dogs off-leash a criminal offense. Commissioner Libbin made the
motion to extend the pilot program through the end of the calendar year to allow final
determination on the issue of the hedge. Motion was seconded by Commissioner Exposito.
ACTION: The Committee (Commissioners Tobin, Libbin, Exposito, and Wolfson present)
unanimously moved to extend the pilot program through the end ofthe calendar year to allow final
determination on the issue of the hedge. Additionally, Commissioner Tobin requested that when
the appeal of the Design Review Board decision comes back to Commission that a sub-issue be
brought up to get a sense of the how the Commission would feel about making dogs off-leash a
criminal offense.
5. DISCUSSION REGARDING THE IMPLEMENTATION OF A "SEE IT, REPORT IT" CAMPAIGN
TO FACILITATE AND EXPEDITE THE REPORTING OF CODE COMPLIANCE AND NON-
EMERGENCY POLICE ISSUES.
(3:53PM)
Alex Fernandez, Aide to Commissioner Weithorn, explained that this was referred by
Commissioner Weithorn.
Assistant City Manager Hilda M. Fernandez explained that in anticipation of the discussion on this
item, Staff recently met with Commissioner Weithorn's aide, Alex Fernandez, to discuss how the
City currently facilitates the reporting of issues, and what options might be pursued to facilitate the
ability for residents to report issues they see in the community when they see them.
Ms. Fernandez explained that several months ago the City began exploring a smartphone
integration for the Citizen Support Center. The new phone application, currently being tested, will
integrate with the City's WebQA system, allowing cases opened through the app to be routed the
same way as any cases or complaints opened through our online program. The new app, which
we had called and branded "Miami Beach Report It," will be available soon for downloads on all
smartphones for free.
Ms. Fernandez explained the concept discussed was the creation of a simple message designed
to alert residents and businesses on how they can report issues. Working off the "Report It"
branding that was already being implemented for the phone app, the following is being
implemented, as they are cost-free:
• Modifications to the 305.604.CITY voice response routing system to make it more
user-friendly in reporting issues of concern. The "See it. Report it." Messaging will be
used.
• Re-branding all of our citizen support services (phone, online and app) to reflect the
"Report It" tag.
o Since our Online program includes the ability to ask questions, the Website's
home page link to "Citizen Support" will be changed to "Ask it. Report it."
o When "Ask it. Report it." Is selected, a new web landing page will
communicate the three ways to report issues and concerns (online,
smartphone app and telephone).
• "Report It" will be promoted using several communications methods that are of no cost
to us, which include publications (ie. MB magazine and MB Line), video, radio, media,
and social media. Other promotion methods include printing business cards and
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Report of the Neighborhoods/Community Affairs Committee of May 22, 2012
Page 5 of8
posters in-house to use at city facilities and frontline points (reception desks, cashiers
and employees).
Other options being considered include:
• Adding "See it. Report it." and the 305.604.CITY number to any informational signs
being replaced at city facilities (including parks, etc.). Producing new signs with only
this message would only be possible if funding was identified.
• Placing stickers with "See it. Report it." and the webpage and/or phone number on the
City's fleet vehicles, should funding be identified.
The implementation of a "Report It" program is consistent with recent efforts to create easier
methods for residents or businesses to report issues they observe at the City. The smartphone
app, to be launched publicly soon, will make this easier by even allowing residents to attach
photos of issues they report. Modifications to the City's web page to reflect the new "brand" for the
citizen complaint process can be accomplished in-house and at no cost, and the promotions of
the branding using the City's current media tools is not an issue. Should it be the desire of the
Committee to pursue a signage program to complement the Report lt. Program, then funding will
be necessary.
Commissioner Exposito made the motion to push this item forward to the Commission for
approval. Motion was seconded by Commissioner Tobin.
ACTION: The Committee (Commissioners Tobin, Exposito, and Wolfson present) moved to push
the item forward to the City Commission for approval.
6. DISCUSSION REGARDING PROHIBITION OF CAT FEEDING IN MIAMI BEACH CITY PARKS.
(3:55PM)
Assistant City Manager Hilda M. Fernandez explained that staff has been monitoring where cat
feeding has been occurring in the City. Staff has not identified there being an issue with cat
feeding near the tot-lot in South Pointe Park near Smith and Wollensky. The feeding areas that
have been identified in South Pointe Park are west of the dune near beachwalk, fishing pier area,
and near the Smith and Wollensky outdoor cafe area.
Mary Thingelstad from the Cat Network and Assistant City Manager Fernandez explained the
efforts being made to spay and neuter the cats under the grant agreement with the Cat Network.
John Curbelo spoke.
Commissioner Tobin asked for a report to the Neighborhood/Community Affairs Committee on the
progress made by the Cat Network in about three (3) months.
ACTION: The Committee (Commissioners Tobin, Exposito, and Wolfson present) requested a
follow-up report to the Neighborhood/Community Affairs Committee in three (3) months on the
progress of the efforts by the Cat Network to spay and neuter cats.
7. DISCUSSION REGARDING THE IMPACT OF A PROPOSED DEVELOPMENT AND
CONSTRUCTION OF THE WEST AVENUE BRIDGE PROJECT IN REGARDS TO OPTION 3.
(4:00PM)
Public Works Director Fred Beckmann explained the difference between Options 2 and 3 for the
construction of a West Avenue bridge.
Commissioner Exposito suggested narrowing or tapering the sidewalk at the right-hand turn in
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Report of the Neighborhoods/Community Affairs Committee of May 22, 2012
Page 6 of8
order to provide extra space at the turn between the cars and the bicycles. Mr. Beckmann will
look at that possibility.
Discussion ensued regarding the turn lane options and safety. Assistant City Manager Jorge
Gomez clarified some issues regarding the turn lane options. Commissioner Tobin stated that he
wants the safer option.
Christine Florez spoke.
Commissioner Tobin asked if a traffic study is being done for West Avenue, further south from the
location of the bridge. Mr. Beckmann explained that a traffic study has been requested and is
being done that will be looking atthe entire West Avenue movement. Commissioner Tobin asked
if the Administration feels that would impact the decision regarding the West Avenue bridge
project. Mr. Gomez explained that the purpose of the traffic study is to make sure that any
deficiencies in terms of speeding and crosswalks are addressed.
Commissioner Exposito made the motion to recommend Option 2 to the City Commission. The
motion was seconded by Commissioner Tobin.
Gayle Durham spoke.
Mr. Beckmann explained some of the landscaping plans for the bridge. After some discussion
regarding landscaping, Commissioner Tobin stated that the direction from the Committee is to do
something that is in line with the desire to look beautiful and greener.
ACTION: The Committee (Commissioners Tobin, Exposito, and Wolfson present) moved to
recommend Option 2 to the City Commission.
8. DISCUSSION REGARDING THE CONSIDERATION OF AN AGREEMMENT BETWEEN THE
CITY AND TEMPORARY ENTERTAINMENT, LLC, FOR THE PRESENTATION OF "ORCHID",
A LIVE THEATRICAL AND MUSICAL PERFORMANCE WITHIN A SPIEGEL TENT AND THE
INSTALLATION OF ANCILLARY FOOD AND BEVERAGE SERVICES AND ENTERTAINMENT
AREAS, TO BE LOCATED AT THE COLLINS PARK SPOIL AREA, BETWEEN 21 5 r AND 22N°
STREETS.
(4:23PM)
Max Sklar, Cultural Affairs and Tourism Development Director, explained that staff is seeking
direction from the Committee and to determine if there is interest in negotiating a lease agreement
with Temporary Entertainment for the presentation of "Orchid". He outlined the proposed
programming.
Commissioner Tobin asked if anyone has reached out to the adjoining property owners. Mr. Sklar
explained that Administration wanted to determine the interest of the Commission before
expending staff time.
Marty LaSalle spoke.
Mr. Sklar explained the performance hours requested and the parking plan for the performances
as requested by Commissioner Tobin. Mr. Sklar explained that it has been specified that this
performance would not run during Art Basel and other dates will need to be reviewed as it relates
to Winter Music Conference.
100
City Commission Memorandum
June 6, 2012
Report of the Neighborhoods/Community Affairs Committee of May 22, 2012
Page 7 of8
Commissioner Exposito expressed his concern with noise since a tent is not soundproof. Mr.
Sklar explained that this type of tent has a wood paneled interior.
Assistant City Manager Hilda M. Fernandez explained that two issues have been identified that
would need the Committee's direction. The hours of operation are one concern, as is the length
of run. Mr. Sklar clarified that the hours being requested would include closing at midnight
Sunday through Thursday after a 10 pm show and closing at 2 am on Friday and Saturday nights
after a midnight show. The desired length of the run is for approximately 22 weeks, from
November 2012 to March 2013, which is almost half the year that this public space would be
utilized.
Further discussion ensued regarding off-duty, sanitation, security, and fire requirements, as well
as deposits and water connections.
Commissioner Tobin explained that his reservations include the impact on the surrounding
neighbors, and the length of time the public beach will be tied up. He further stated he would want
resident discounts for longer than the proposed four weeks and having operations until4:00 am is
not acceptable.
Discussion continued regarding parking, and transportation to and from the venue.
Commissioner Tobin stated that he thinks having this event will be good for the City.
Commissioner Exposito stated that he thinks this will be good as long as the sound issue is
addressed and the scheduling does not interfere with Art Basel.
Commissioner Tobin asked to be shown the actual space that will be taken up. Mr. Sklar will
provide him with a site visit.
Mr. LaSalle explained his reason for requesting the amount of time he is asking to use this space.
He added that he will need a confirmation by early June in order to coordinate with his service
providers in time for the opening as anticipated.
Commissioner Tobin stated this will be on the June Commission agenda to get a sense of the
Commission's perspective.
Commissioner Wolfson made the motion to move this discussion to the Commission. Motion was
seconded by Commissioner Exposito. Commissioner Tobin concurred.
ACTION: The Committee (Commissioners Tobin, Exposito, and Wolfson present) unanimously
moved the discussion to the June meeting of the City Commission.
9. DISCUSSION REGARDING A RESOLUTION GRANTING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AFTER-THE-FACT REVOCABLE PERMIT TO ASR
BERWICK FAMILY LTD PARTNERS, AS OWNER OF THE COMMERCIAL PROPERTY
LOCATED AT 335 WEST 47TH STREET, TO RETAIN AIC UNITS, A UTILITY ROOM, AND A
TRASH ENCLOSURE, CURRENTLY PLACED WITHIN THE PUBLIC CITY RIGHT -OF-WAY ON
WEST 47TH COURT.
(3:15PM)
Public Works Director Fred Beckmann explained that a maintenance agreement has been drafted
for all parties to sign.
101
City Commission Memorandum
June 6, 2012
Report of the Neighborhoods/Community Affairs Committee of May 22, 2012
Page 8 of 8
Andrew Dickman, representing the Esquire House, explained that he just received a parking plan
that reduces the parking by 50%. This is the main parking for the Esquire House and that he is
not able to agree to that.
Mr. Beckmann clarified that the parking plan is approved by the Parking Department and that
Parking Director Saul Frances was not at the meeting to have further discussion on it.
Commissioner Tobin stated to send this issue back to the Commission.
Matthew Amster, attorney representing the Berwick Building owners, stated that his client is
agreeable to the maintenance agreement and that the parking plan is an issue that has just come
up. He added that his client has no problem with the parking status quo.
Mr. Beckmann clarified that the parking plan is reducing the parking spaces from 17 to 11, not
quite by 50%.
Commissioner Tobin suggested trying to reach Mr. Frances with Mr. Beckmann to discuss the
parking plan and to see if this can be worked out while the Committee meeting continues, to be
brought back before the Committee meeting adjourned. The interested parties stepped out to
discuss.
Discussion resumed at 5:13pm.
A lengthy discussion regarding parking options for the residents in this area ensued.
Commissioner Libbin suggested establishing a residential parking district.
Commissioner Tobin stated that this discussion will be deferred to a future meeting of the
Committee while certain options are reviewed with the Fire, Parking and Public Works
Departments.
William Joseph spoke.
ACTION: The Committee (Commissioners Tobin, Libbin, Exposito, and Wolfson present)
deferred further discussion to a future meeting of the Neighborhood/Community Affairs
Committee.
THE MEETING ADJOURNED AT 5:25PM.
NOTE: Pursuant to Miami Beach City Code, Sec. 2-13 "Commission committee draft minutes -City
commission approval"; These draft minutes are subject to correction, amendment, and approval by the city
with any corrections or amendments to be reflected in those minutes.
S/KT/BH/rfm
12\6-6-12\NCAC REPORT MAY 22-2012 (DRAFT-3).doc
102
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C7
RESOLUTIONS
105
ce
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution authorizing the City Manager to apply for and accept three (3) grants.
Key Intended Outcomes Supported:
1) Maximize efficient delivery of services; and 2) Enhance the environmental sustainability of the
community and maximize efficient delivery_ of services; 3J Enhance mobility throughout the City.
Supporting Data • Police Department Scorecard: 1) In Fiscal Year 2010/11 the turnaround time for
police reports was 3 days (E Ticketing will allow officers to write police reports electronically and digitally
transmit them through the approval process to merge with the Records Management System);
2009 Community Survey: 2) Maximize efficient delivery of services was a key driver in the community
survey; 3) Half of all respondents, 51.5%, reported a willingness to use "local bus circulators" as an
alternative to taking a car.
Issue:
Shall the City support the following funding requests and execute the related agreements?
Item Summary/Recommendation:
Approval is requested to submit grant applications to: 1) Miami-Dade County for FY 2013 Edward Byrne
Memorial Justice Assistance Grant funds in the approximate amount of $9,114 for Police Department
initiatives; 2) The U.S. Department of Energy, National Energy Technology Laboratory, Office of Energy
Efficiency and Renewable Energy, Clean Cities Implementation Initiates to Advance Alternative Fuel Markets
Grant Program in the approximate amount of $250,000 for the City's Alternative Vehicle Fuels Program;
and, 3) Florida Department of Transportation, Public Transit Service Development Program, for funding in
the approximate amount of $1,731,000 over three years for the City's North/Middle Beach Circulator;
appropriating the grants, matching funds and city expenses, if approved and accepted by the City, and
authorizing the execution of all necessary documents related to these applications. Approve the Resolution.
Advisory Board Recommendation: N/A
Financial Information:
Source of Grant Name/ Project Grant Match Amount/City
funds Approx. Expense/Source
Amount
1 MDC FY 2013 Edward Byrne $9,114 N/A-No Match Required
Memorial Justice Assistance
Grant Program/ E-ticketing
D 2 U.S. Dept of Energy/Clean $250,000 N/A-No Match Required
Cities Program/ Alternative
Vehicle Fuels Program
3 FOOT Public Transit Service $1,731,000 $1,731,000 over 3 years. Source is
Development Program/North over 3 subject to identification of funding
Middle Beach Circulator years through the budget process. If
funding is not approved, the grant
application will be withdrawn from
consideration.
Clerk's Office Le islative Trackin :
Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement
Assistant City Manager
MIAMI BEACH 107
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager~
DATE: June 6, 2012 u {__/
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO SUBMIT GRANT APPLICATIONS TO: 1}
MIAMI·DADE COUNTY FOR FY 2013 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT PROGRAM FUNDS IN THE APPROXIMATE AMOUNT OF
$9,114 FOR THE POLICE DEPARTMENT'S E·TICKETING INITIATIVE; 2} THE
U.S. DEPARTMENT OF ENERGY, NATIONAL ENERGY TECHNOLOGY
LABORATORY, OFFICE OF ENERGY EFFICIENCY AND RENEWABLE
ENERGY, CLEAN CITIES -IMPLEMENTATION INITIATIVES TO ADVANCE
ALTERNATIVE FUEL MARKETS PROGRAM, FOR FUNDING IN THE
APPROXIMATE AMOUNT OF $250,000 FOR THE CITY'S ALTERNATIVE
VEHICLE FUELS PROGRAM; AND, 3} FLORIDA DEPARTMENT OF
TRANSPORTATION, PUBLIC TRANSIT SERVICE DEVELOPMENT PROGRAM,
FOR FUNDING IN THE APPROXIMATE AMOUNT OF $1,731,000 OVER THREE
YEARS FOR THE CITY'S NORTH/MIDDLE BEACH CIRCULATOR;
APPROPRIATING THE ABOVE GRANTS, MATCHING FUNDS AND CITY
EXPENSES, IF APPROVED AND ACCEPTED BY THE CITY, AND
AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO THESE
APPLICATIONS
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
1. Approval to submit an application to Miami-Dade County for FY 2013 Edward
Byrne Memorial Justice Assistance Grant Program funds in the approximate
amount of $9,114 for the Police Department's E-ticketing Initiative
This application is for federal funds that are passed through from the US Department of
Justice to the State of Florida, Florida Department of Law Enforcement and then to Miami-
Dade County. Miami-Dade County disburses these funds to cities. It is the Administration's
intent to apply for funds from the County's allocation for the continuation of the City's
Records Improvement Program, through E-ticketing.
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary
provider of federal criminal justice funding to state and local jurisdictions. JAG funds support
all components of the criminal justice system, from multijurisdictional drug and gang task
forces to crime prevention and domestic violence programs, courts, corrections, treatment,
technology improvement programs and justice information sharing initiatives.
108
Commission Memorandum
Page2
The City is applying for funding in the amount of $9,114 for the continuation of the Police
Department's Records Improvement Program. Funding will be used to purchase E-ticket
bundles to enable the Police Department to comply with Florida Department of Law
Enforcement's requirements of providing validated statistics.
E Ticketing will allow officers to write police reports electronically and digitally transmit them
through the approval process to merge with the Records Management System. Currently,
with the exception of the officers who have the automated ticket writing software and
equipment, officers continue to handwrite State Traffic citations; this process causes
significant delays in the management of criminal justice data and records management and
fails to meet the needs of data management and collection.
This grant does not require matching funds, and the project supports the key intended
outcome: maximize efficient delivery of services.
2. Approval to submit an application to the U.S. Department of Energy, National
Energy Technology Laboratory, Office of Energy Efficiency and Renewable
Energy, Clean Cities Implementation Initiatives to Advance Alternative Fuel
Markets Grant Program. in the approximate amount of $250.000 for the City's
Alternative Vehicle Fuels Program.
The U.S. Department of Energy's (DOE), Office of Energy Efficiency and Renewable Energy
(EERE) is providing funding for projects that address and assist in reducing multiple barriers
to alternative fuel vehicle adoption and use and aim to decrease the nation's dependence on
petroleum and reduce greenhouse gas emissions.
The expanded use of alternative fuel vehicles and domestically produced alternative
transportation fuels can create and retain jobs, stimulate and support domestic economies,
and help protect the environment. The Department of Energy's Clean Cities program has
identified the following four critical areas that provide significant obstacles to alternative fuel
vehicle use: 1) Policies, 2) Barrier Reduction, 3) Safety and Training, and 4) Market
Development/Outreach.
The City's program proposes to provide information to businesses and residents in South
Florida on targeted remedies for obstacles to alternative fuel vehicle adoption and use in
local, regional and/or statewide sectors and niche markets. By organizing outreach through
conferences, workshops and training events, the City will show vehicle/fuel options and
enlighten people about the new trends and technologies. The event will feature the City's
electric vehicle charging stations program. The City intends to apply for funding in the
approximate amount of $250,000 to address needed outreach, education, and information
dissemination regarding the use of alternative fuel vehicles.
As of Thursday, May 30, 2012, the Administration was contacted by the Coordinator of
Florida Gold Coast Clean Cities Coalition regarding a statewide application being prepared
by Florida Space Coast Clean Cities (Orlando) coalition. Miami Beach was invited to join as
a coalition stakeholder in this larger statewide grant application. As such, the City is
exploring the possibility of joining this larger statewide coalition. The Administration will
follow up with the coalition and will either apply as part of the coalition; or if not it is not
compatible with the City's project, then the Administration will submit an application directly
from the City. No matching funds are required of this grant. This project supports the key
intended outcomes: enhance the environmental sustainability of the community and
maximize efficient delivery of services.
109
Commission Memorandum
Page3
3. Approval to submit an application to Florida Department of Transportation, Public
Transit Service Development Program, for funding in the approximate amount of
$1,731,000 over three years for the City's North/Middle Beach Circulator
The Public Transit Service Development Program (Service Development Program) was
enacted by the Florida Legislature to provide initial funding for special projects. The program
is selectively applied to determine whether a new or innovative technique or measure can be
used to improve or expand public transit.
Service Development Projects specifically include projects involving the use of new
technologies, services, routes, or vehicle frequencies; the purchase of special transportation
services, and other such techniques for increasing service to the riding public as are
applicable to specific localities and transit user groups. Recipients accepting Service
Development funds accept the commitment to continue the project, if deemed successful by
their own measures, without additional Public Transit Service Development Program funds.
The goal of the North/Middle Beach Circulator is to provide a high quality transit service to
increase transit ridership and shift a considerable amount of the community's primary mode
of travel from personal vehicle use to public transportation. This shift to a more sustainable
mode of transportation will result in a higher quality of life for the Miami Beach community
through improved mobility, an increase in accessible and alternative quality and economic
development. The project will be coordinated with Miami-Dade Transit. The City has
previously been awarded a grant from Miami-Dade County's Metropolitan Planning
Organization (MPO) to conduct a Transit Planning Study for this route.
The grant provides start-up funding for 50% of the annual operating and maintenance costs
of the proposed transit service for a 3-year period; the City is responsible for the remaining
50% match. The cost of operating and maintenance is $1,154,000 annually or $3,462,000
over 3 years. The grant will provide $577,000 annually, for a total of $1,731,000 over 3
years. The City will be required to provide matching funds in the amountof$1 ,731,000 over
3 years. For the fourth year onwards, the City will be responsible for paying the full
$1,154,000 annually. The source of the City's matching funds is subject to identification
through the budget process. If funding is not approved through the budget process, then the
Administration will withdraw the grant application from funding consideration. This project
supports the key intended outcome: enhance mobility throughout the City.
CONCLUSION
The Administration requests approval to authorize the City Manager or his designee to
submit grant applications to: 1) Miami-Dade County for Edward Byrne Memorial Justice
Assistance Grant funds in the approximate amount of $9,114 for the City's Police
Department E-ticketing initiative; 2) the U.S. Department of Energy, National Energy
Technology Laboratory, Office of Energy Efficiency and Renewable Energy, Clean Cities
Implementation Initiates to Advance Alternative Fuel Markets Grant Program in the
approximate amount of $250,000 for the City's Alternative Vehicle Fuels Program; and, 3)
Florida Department of Transportation, Public Transit Service Development Program, for
funding in the approximate amount of $1,731,000 over 3 years for the City's North/Middle
Beach Circulator; appropriating the grants, matching funds and city expenses, if approved
and accepted by the City, and authorizing the execution of all necessary documents related
to these applications.
JMG/KGB/JMH
T:\AGENDA\2012\6-6-12\Grants Me.mo.doc
110
RESOLUTION NO. ___ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND/ AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO SUBMIT GRANT APPLICATIONS TO: 1)
MIAMI-DADE COUNTY FOR FY 2013 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT PROGRAM FUNDS IN THE APPROXIMATE AMOUNT
OF $9,114 FOR THE POLICE DEPARTMENT'S E-TICKETING INITIATIVE; 2)
THE U.S. DEPARTMENT OF ENERGY, NATIONAL ENERGY TECHNOLOGY
LABORATORY, OFFICE OF ENERGY EFFICIENCY AND RENEWABLE
ENERGY, CLEAN CITIES-IMPLEMENTATION INITIATIVES TO ADVANCE
ALTERNATIVE FUEL MARKETS PROGRAM, FOR FUNDING IN THE
APPROXIMATE AMOUNT OF $250,000 FOR THE CITY'S ALTERNATIVE
VEHICLE FUELS PROGRAM; AND, 3) FLORIDA DEPARTMENT OF
TRANSPORTATION, PUBLIC TRANSIT SERVICE DEVELOPMENT PROGRAM,
FOR FUNDING IN THE APPROXIMATE AMOUNT OF $1,731,000 OVER THREE
YEARS FOR THE CITY'S NORTH/MIDDLE BEACH CIRCULATOR;
APPROPRIATING THE ABOVE GRANTS, MATCHING FUNDS AND CITY
EXPENSES, IF APPROVED AND ACCEPTED BY THE CITY, AND
AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO THESE
APPLICATIONS; APPROPRIATING THE ABOVE GRANTS IF APPROVED AND
ACCEPTED BY THE CITY, AND AUTHORIZING THE EXECUTION OF ALL
DOCUMENTS RELATED TO THESE APPLICATIONS
WHEREAS, the Edward Byrne Memorial Justice Assistance Grant (JAG)
Program is the primary provider of federal criminal justice funding to state and local
jurisdictions and JAG funds support all components of the criminal justice system; and
WHEREAS, this application is for federal funds that are passed through from the
US Department of Justice to the State of Florida, Florida Department of Law
Enforcement and then to Miami-Dade County, and Miami-Dade County disburses these
funds to cities; and
WHEREAS, the Administration plans to apply for funding in the amount of
$9,114 for the continuation of the Police Department's Records Improvement Program
and funding will be used to purchase E-ticket bundles to enable the Police Department
to comply with Florida Department of Law Enforcement's requirements providing
validated statistics; and
WHEREAS, E Ticketing will allow officers to write police reports electronically
and digitally transmit them through the approval process to merge with the Records
Management System; and
WHEREAS, currently, with the exception of the officers who have the automated
ticket writing software, officers continue to handwrite State Traffic citations, this causes
significant delays in the management of criminal justice data and records management
and fails to meet the needs of data management and collection; and
WHEREAS, this project supports the key intended outcome: maximize efficient
delivery of services and approval is requested to apply to the JAG program in the
approximate amount of $9,114 for the Police Department's E-ticketing initiative; and
111
WHEREAS, the Department of Energy is providing funds for projects that assist
in reducing multiple barriers to alternative fuel vehicle use and that aim to decrease the
nation's dependence on petroleum reducing greenhouse gas emissions; and
WHEREAS, the expanded use of alternative fuel vehicles and domestically
produced alternative transportation fuels can create and retain jobs, stimulate and
support domestic economies, and help protect the environment, and the Clean Cities
program has identified the following four critical areas: 1) Policies, 2) Barrier Reduction,
3) Safety and Training, and 4) Market Development/Outreach; and
WHEREAS, the City's program proposes to provide information to businesses
and residents in South Florida on targeted remedies for obstacles to alternative fuel
vehicle adoption and use in local, regional and/or statewide sectors and niche markets
and by organizing outreach through conferences, workshops and training events, the
City will show vehicle/fuel options and enlighten people about the new trends and
technologies; and
WHEREAS, the event will feature the City's electric vehicle charging stations
program and the City intends to apply for funding in the approximate amount of
$250,000 to address needed outreach, education, and information dissemination
regarding the use of alternative fuel vehicles; and
WHEREAS, no matching funds are required; and the project supports the key
intended outcomes: enhance the environmental sustainability of the community and
maximize efficient delivery of services; and
WHEREAS, approval is requested to submit an application to the U.S.
Department of Energy, National Energy Technology Laboratory, Office of Energy
Efficiency and Renewable Energy, Clean Cities Implementation Initiatives to Advance
Alternative Fuel Markets Grant Program, in the approximate amount of $250,000 for the
City's Alternative Vehicle Fuels Program; and
WHEREAS, the Public Transit Service Development Program (Service
Development Program) was enacted by the Florida Legislature to provide initial funding
for special projects and the program is selectively applied to determine whether a new or
innovative technique or measure can be used to improve or expand public transit; and
WHEREAS, Service Development Projects specifically include projects involving
the use of new technologies, services, routes, or vehicle frequencies; the purchase of
special transportation services, and other such techniques for increasing service to the
riding public as are applicable to specific localities and transit user groups; and
WHEREAS, recipients accepting Service Development funds accept the
commitment to continue the project, if deemed successful by their own measures,
without additional Public Transit Service Development Program funds; and
WHEREAS, the goal of the North/Middle Beach Circulator is to provide a high
quality transit service to increase transit ridership and shift a considerable amount of the
community's primary mode of travel from personal vehicle use to public transportation;
and
112
WHEREAS, the project will be coordinated with Miami-Dade Transit and the City
has previously been awarded a grant from Miami-Dade County's Metropolitan Planning
Organization (MPO) for funding to conduct a Transit Planning Study for this route; and
WHEREAS, the Service Development Program provides start-up funding for 50%
of the annual operating and maintenance costs of the proposed transit service for a 3-
year period and the City is responsible for the remaining 50% match; and
WHEREAS, the cost of operating and maintenance for the North/Middle Beach
Circulator is estimated at $1,154,000 annually, or $3,462,000 over 3 years and the grant
will provide $577,000 annually, for a total of $1,731,000 over 3 years; the City will be
required to provide matching funds in the amount of $1,731,000 over 3 years and for the
fourth year onwards, the City will be responsible for paying the full $1,154,000 annually
and; and
WHEREAS, the source of the City's matching funds is subject to identification
through the budget process and if funding is not approved through the budget process,
the Administration will withdraw the grant application from funding consideration; and
WHEREAS, this project supports the key intended outcome: enhance mobility
throughout the City; and
WHEREAS, approval is requested to submit an application to Florida
Department of Transportation, Public Transit Service Development Program, for funding
in the approximate amount of $577,000 for the City's North/Middle Beach Circulator.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH hereby approve and authorize the City
Manager or his designee to submit applications to: 1) Miami-Dade County for Edward
Byrne Memorial Justice Assistance Grant Program funds in the approximate amount of
$9,114 for the Police Department's E-ticketing initiative; 2) the U.S. Department of
Energy, National Energy Technology Laboratory, Office of Energy Efficiency and
Renewable Energy, Clean Cities Implementation Initiates to Advance Alternative Fuel
Markets Grant Program in the approximate amount of $250,000 for the City's Alternative
Vehicle Fuels Program; and 3) Florida Department of Transportation, Public Transit
Service Development Program, for funding in the approximate amount of $1,731,000
over three years for the City's North/Middle Beach Circulator; appropriating the grants,
matching funds and city expenses, if approved and accepted by the City, and authorizing
the execution of all necessary documents related to these applications.
PASSED and ADOPTED this ___ day of ___ , 2012
ATTEST:
CITY CLERK
JMG/KGB/JMH
T:\AGENDA\2021 \6-6-12\Grants Reso.doc
113
MAYOR
APPROVED AS TO
FORM & LANGUAGE
6 FOR EXECUTION
THIS PAGE INTENTIONALLY LEFT BLANK
114
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving and authorizing the City Manager or his designee to execute a Federally Funded
Subgrant Agreement, on behalf of The Talmudic University with the State of Florida, Division of Emergency
Management, for federal funding in an amount not to exceed $706,825.12, for a Windstorm Hazard
Mitigation Project at the Talmudic University located at 4000 Alton Road, further authorizing the City Manager
or his designee to negotiate and execute a Memorandum of Understanding between the City and the
University, whereby the Talmudic University agrees to be solely and completely responsible for prosecuting
and completing the aforestated scope of work and whereby the Talmudic University further agrees to
indemnify and hold the City harmless from any liability under the Subgrant Agreement.
Key Intended Outcomes Supported:
Not Applicable-this is a "pass through" grant from FEMA on behalf of the Talmudic University.
Supporting Data -2009 Community Survey: Not Applicable.
Issue:
Shall the City execute the Funding Agreement and Memorandum of Understanding?
Item Summary/Recommendation:
The City has been awarded funding in the amount of $706,825.12 for the Talmudic University Windstorm
Hazard Mitigation Project. The University cannot receive federal funding for this project directly; however, the
Federal Emergency Management Agency (FEMA) authorizes local governments to apply for funding from the
Pre-Disaster Mitigation program on behalf of eligible non-profit organizations. The Talmudic University will
be undertaking the Project and the City will execute a Memorandum of Understanding between the City and
the University, whereby the Talmudic University agrees to be solely and completely responsible for
prosecuting and completing the aforestated scope of work and whereby the Talmudic University further
agrees to indemnify and hold the City harmless from any liability under the Subgrant Agreement.
Approve the Resolution.
Advisory Board Recommendation: N/A
Financial Information:
Source of Funding Agency Name/ Project Funding City Match
funds Amount Amount/Source
D US Dept of Homeland Security/ $706,825.12 N/A -No matching funds
Talmudic University Windstorm will be paid by the City.
Hazard Mitigation Project.
Clerk's Office Le islative Trackin :
Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement
Si n-Offs:
Assistant City Manager
--~---
MIAMI BEACH 115
City Manager
AGENDA. ITEM -----::C:--7-;'8::;..___
DATE G-6 -/2_
G MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager ~
DATE: June 6, 2012
SUBJECT: A RESOLUTION OF THE MAYOR A CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A FEDERALLY FUNDED
SUBGRANT AGREEMENT, ON BEHALF OF THE TALMUDIC UNIVERSITY
(UNIVERSITY), WITH THE STATE OF FLORIDA, DIVISION OF EMERGENCY
MANAGEMENT (OEM), FOR FEDERAL FUNDING FROM THE U.S.
DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA), PRE-DISASTER MITIGATION PROGRAM IN
AN AMOUNT NOT TO EXCEED $706,825.12, FOR THE WINDSTORM HAZARD
MITIGATION PROJECT AT THE TALMUDIC UNIVERSITY LOCATED AT 4000
ALTON ROAD, MIAMI BEACH, WITH THE AFORESTATED SCOPE OF WORK
TO BE UNDERTAKEN AND COMPLETED BY THE UNIVERSITY; FURTHER
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND
TALMUDIC UNIVERSITY, WHEREBY THE UNIVERSITY AGREES TO BE
SOLELY AND COMPLETELY RESPONSIBLE FOR PROSECUTING AND
COMPLETING THE AFORESTATED SCOPE OF WORK IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF THE SUBGRANT AGREEMENT (AS
IF IT WERE A PARTY THERETO), AND WHEREBY THE UNIVERSITY
FURTHER AGREES TO INDEMNIFY AND HOLD THE CITY HARMLESS FROM
ANY LIABILITY UNDER THE SUBGRANT AGREEMENT
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Pre-Disaster Mitigation (PDM) program is authorized by Section 203 of the Stafford Act,
42 U.S.C. 5133 and provides funds to states, territories, Indian tribal
governments, communities, and universities for hazard mitigation planning and the
implementation of mitigation projects prior to a disaster event. Funding these plans and
projects reduces overall risks to the population and structures, while also reducing reliance
on funding from actual disaster declarations. The PDM program is funded by the US
Department of Homeland Security, through FEMA, and administered by the State of Florida
Division of Emergency Management.
FEMA regulations state that non-profit organizations and colleges and universities cannot
apply directly for these funds; however, an eligible, relevant State agency or local
government may apply for assistance to benefit the non-profit entity.
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Commission Memorandum
Page2
As such, the Talmudic University on Miami Beach had requested that the City submit an
application on their behalf in order to mitigate the impact of disaster events. The Talmudic
University (University) will manage and assume full responsibility of the grant, project and
matching funds requirement. Therefore, on November 5, 2008, the Mayor and City
Commission approved Resolution No. 2008-26928, authorizing the City to submit an
application for funding to the U.S. Department of Homeland Security, FEMA, on behalf of the
Talmudic University, located at 4000 Alton Road, Miami Beach, for a Windstorm Hazard
Mitigation Project.
The City, as the applicant, has been notified that the University project has been approved
for federal funding through the Pre-Disaster Mitigation (PDM) competitive grant program
pursuant to the Congressional appropriation for Fiscal Year 2012 in the amount of
$706,825.12, for the Windstorm Hazard Mitigation Project.
The Talmudic University will be undertaking the Project work, subject to the terms and
conditions set forth in the State Contract. No City funding, City funding commitment or City
match is required. The University shall be solely responsible for, and shall assume all cost,
work, and liability with regard to the Project scope of work (as contemplated under the State
Contract).
The University will provide its own matching funds in the amount of $235,608.41 as required
by the State.
The City has previously been awarded funding from FEMA for the following Wind Retrofit
Projects:
1. The City was awarded funding in the amount of $637,777 for Impact-resistant
windows/wind retrofit at City Hall, Police Station, Fire Station 1 and Fire Station #3.
Project has been completed.
2. The City was awarded funding in the amount of $690,049 for impact resistant
windows/wind retrofit at 555 17th Street, 1701 Meridian, 21st Street Recreation
Building and Fleet Management Building (140 McArthur Causeway). Project is
underway.
3. Similar to the Talmudic University Project, the City was awarded funding in the
amount of $750,000 through the PDM Program for Mount Sinai for the purchase and
installation of a generator at the Gumenick Ambulatory Surgical Center at Mount
Sinai Hospital. Project is underway.
The City and the University will enter into a Memorandum of Understanding (Exhibit "1 ")
whereby the University will be bound by the terms of the State Contract, as if it stood in the
City's place as a party thereto and further, whereby the University agrees to completely
indemnify and hold the City harmless from any work it undertakes, and any other terms and
conditions, under the State Contract (See Exhibit "2").
The Administration is therefore requesting that the Mayor and City Commission approve the
actions requested pursuant to this Resolution.
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Commission Memorandum
Page3
Conclusion
The Administration requests that the Mayor and City Commission hereby approve and
authorize the City Manager or his designee or his designee to negotiate and execute a
Federally Funded Subgrant Agreement, on behalf of the Talmudic University (University),
with the State of Florida, Division of Emergency Management (OEM), for Federal funding
from the U.S. Department of Homeland Security, Federal Emergency Management Agency
(FEMA), in an amount not to exceed $706,825.12, for its windstorm hazard mitigation project
at the University, located at 4000 Alton Road, with the aforestated scope of work to be
undertaken and completed by the University; further authorizing the City Manager to execute
a Memorandum of Understanding between the City and the University, whereby the
University agrees to be solely and completely responsible for prosecuting and completing
the aforestated scope of work in accordance with the terms and conditions of the Subgrant
Agreement (as if it were a party thereto), and whereby the University further agrees to
indemnify and hold the City harmless from any liability under the Subgrant Agreement.
JMG/KGB/JMH
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118
RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A FEDERALLY FUNDED
SUBGRANT AGREEMENT, ON BEHALF OF THE TALMUDIC UNIVERSITY
(UNIVERSITY), WITH THE STATE OF FLORIDA, DIVISION OF
EMERGENCY MANAGEMENT (OEM), FOR FEDERAL FUNDING FROM
THE U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA), PRE-DISASTER
MITIGATION PROGRAM IN AN AMOUNT NOT TO EXCEED $706,825.12,
FOR THE WINDSTORM HAZARD MITIGATION PROJECT AT THE
TALMUDIC UNIVERSITY LOCATED AT 4000 ALTON ROAD, MIAMI
BEACH, WITH THE AFORESTATED SCOPE OF WORK TO BE
UNDERTAKEN AND COMPLETED BY THE UNIVERSITY; FURTHER
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE
AND EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY AND TALMUDIC UNIVERSITY, WHEREBY UNIVERSITY AGREES TO
BE SOLELY AND COMPLETELY RESPONSIBLE FOR PROSECUTING AND
COMPLETING THE AFORESTATED SCOPE OF WORK IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF THE SUBGRANT AGREEMENT
(AS IF IT WERE A PARTY THERETO}, AND WHEREBY THE UNIVERSITY
FURTHER AGREES TO INDEMNIFY AND HOLD THE CITY HARMLESS
FROM ANY LIABILITY UNDER THE SUBGRANT AGREEMENT
WHEREAS, the Pre-Disaster Mitigation (PDM) program is authorized by Section
203 of the Stafford Act, 42 U.S.C. 5133 and provides funds to states, territories, Indian
tribal governments, communities, and universities for hazard mitigation planning and the
implementation of mitigation projects prior to a disaster event; and
WHEREAS, funding these plans and projects reduces overall risks to the
population and structures, while also reducing reliance on funding from actual disaster
declarations; and
WHEREAS, the PDM program is funded by the US Department of Homeland
Security, through FEMA, and administered by the State of Florida Division of Emergency
Management; and
WHEREAS, FEMA regulations state that non-profit organizations and colleges
and universities cannot apply directly for these funds; however, an eligible, relevant
State agency or local government may apply for assistance to benefit the non-profit
entity, and, as such, the Talmudic University on Miami Beach had requested that the
City submit an application on their behalf in order to mitigate the impact of disaster
events; and
119
WHEREAS, therefore, on November 5, 2008, the Mayor and City Commission
approved Resolution No. 2008-26928, authorizing the City to submit an application for
funding to the U.S. Department of Homeland Security, FEMA, on behalf of the Talmudic
University (University), located at 4000 Alton Road, Mtami Beach, for a Windstorm
Hazard Mitigation Project; and
WHEREAS, the University will manage and assume full responsibility of the
grant, project and matching funds requirement; and
WHEREAS, the City, as the applicant, has been notified that the University
project has been approved for federal funding through the Pre-Disaster Mitigation (PDM)
competitive grant program pursuant to the Congressional appropriation for Fiscal Year
2012 in the amount of $706,825.12, for the Windstorm Hazard Mitigation Project; and
WHEREAS, the Talmudic University will be undertaking the Project work, subject
to the terms and conditions set forth in the State Contract: and
WHEREAS, no City funding commitment or City match is required, the University
shall be solely responsible for, and shall assume all cost, work, and liability with regard
to, the Project scope of work (as contemplated under the State Contract); and
WHEREAS, the University will provide its own matching funds in the amount of
$235,608.41 as required by the State; and
WHEREAS, the City has previously been awarded funding from FEMA for the
following Wind Retrofit Projects: 1) The City was awarded funding in the amount of
$637,777 for Impact-resistant windows/wind retrofit at City Hall, Police Station, Fire
Station 1 and Fire Station and the project has been completed; 2) The City was awarded
funding in the amount of $690,049 for impact resistant windows/wind retrofit at 555 1 ih
Street, 1701 Meridian, 21 51 Street Recreation Building and Fleet Management Building
and the project is underway; 3) Similar to the Talmudic University Project, the City was
awarded funding in the amount of $750,000 through the PDM Program for Mount Sinai
for the purchase and installation of a generator at the Gumenick Ambulatory Surgical
Center at Mount Sinai Hospital and the project is underway; and
WHEREAS, the City and the University will enter into a Memorandum of
Understanding (MOU) (Exhibit "1 ") whereby the University will be bound by the terms of
the State Contract, as if it stood in the City's place as a party thereto and further,
whereby the University agrees to completely indemnify and hold the City harmless from
any work it undertakes, and any other terms and conditions, under the State Contract
(See Exhibit "2"); and
WHEREAS, the Administration is therefore requesting that the Mayor and City
Commission approve the actions requested pursuant to this Resolution and this project
supports the key intended outcome: diversify business base in Miami Beach.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH hereby approve and authorize the City
Manager or his designee to execute a Federally Funded Subgrant Agreement, on behalf
of the Talmudic University (University), with the State of Florida, Division of Emergency
Management (DEM), for Federal funding from the U.S. Department of Homeland
120
Security, Federal Emergency Management Agency (FEMA), in an amount not to exceed
$706,825.12, for its windstorm hazard mitigation project at the University, located at
4000 Alton Road, with the aforestated scope of work to be undertaken and completed by
the University; further authorizing the City Manager or hrs designee to negotiate and
execute a Memorandum of Understanding between the City and the University, whereby
the University agrees to be solely and completely responsible for prosecuting and
completing the aforestated scope of work in accordance with the terms and conditions of
the Subgrant Agreement (as if it were a party thereto), and whereby the University
further agrees to indemnify and hold the City harmless from any liability under the
Subgrant Agreement.
PASSED and ADOPTED this ___ day of ___ ,, 2012
ATTEST:
CITY CLERK
JMG/KGB/JMH
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121
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1..--s~ ;\ ~ ,
Date
Exhibit "1"
DRAFT-
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA, AND
TALMUDIC UNIVERSITY REGARDING TALMUDIC UNIVERSITY'S
WINDSTORM PRE-DISASTER MITIGATION PROJECT
PURSUANTTOSTATECONTRACTNUMBER __________ _
This Memorandum of Understanding (the Agreement) is made and executed on this __
day 2012 (Effective Date), between the City of Miami Beach, a municipal
corporation of the State of Florida whose address is 1700 Convention Center Drive, Miami
Beach, Florida 33139 (City), and Talmudic University, a Florida non-profit corporation with its
principal address at 4000 Alton Road, Miami Beach Florida, 33140 (University).
RECITALS
Whereas, the City, on behalf of the University, proposes to enter into Contract Number,
______ ("State Contract") with the State of Florida, Division of Emergency
Management (DEM), which is attached and incorporated as Exhibit "1" hereto; and
Whereas, the State Contract requires the completion of FEMA Project No.: PDMC-PJ-
04-FL-2012-014, which includes the installation of impact-resistant windows, roof system and
garage doors at the University, which scope of work is more specifically described in
Attachment "A" to the State Contract (said Scope of Work may also be collectively referred to
herein as the "Project"); and
Whereas, at its regular meeting on November 5, 2008, the Mayor and City Commission
approved Resolution No. 2008-26928 (attached and incorporated as Exhibit "2" hereto), which
authorized the City to enter into the State Contract on behalf of the University, subject further to
the terms and conditions of this Agreement; and
Whereas, the University will be undertaking the scope of work under the State Contract,
subject to the terms and conditions of said Contract, and subject further to this Agreement; and
Whereas, the University acknowledges and agrees that, but for the fact that the University
needs to prosecute and complete the aforestated scope of work for the betterment of its facility,
and but for the fact that the City, and not the University, is an eligible party that can enter into
the State Contract on behalf of the University, the City would not otherwise be entering into said
Contract; and
Whereas, accordingly, the City and University wish to enter into this Agreement for the
express purpose of the University indemnifying, holding harmless, and otherwise assuming, on
behalf of the City, any liability that the City may have as a result of the University's failure to
prosecute and complete any work required under the State Contract, or as a result of the
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University's failure to comply, on behalf of the City, with any term or condition of the State
Contract, as if the University itself were a party thereto (instead of the City).
NOW THEREFORE, in consideration of the conditions and covenants hereinafter contained, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1 Recitals. The foregoing recitals are hereby acknowledged as true and correct, and are
incorporated herein by reference.
2 Purpose. The purpose of this Agreement is to ensure the University's compliance with
all requirements under the State Contract, and to ensure that the University, and not the City, shall
be the ultimate party responsible for complying with the terms and conditions of the State
Contract. Accordingly, the University hereby agrees to be fully responsible and liable for any act
or omission under the State Contract, as if the University - and not the City -were a party
thereto.
3 University's Obligations.
a) The University shall be solely responsible for, and shall assume all cost, work, and
liabilities associated in any way with, or pertaining to, the Scope of Work contemplated under
the State Contract (as such Scope of Work is referenced in Attachment "A" to the State
Contract). Notwithstanding the preceding, and without limitation, the University shall also
assume, and be solely responsible for complying with, any and all other requirements and/or
obligations of the City under the State Contract. Accordingly, the University herein agrees, and
warrants and represents to the City, that it shall be bound by the terms of the State Contract as if
it were a party thereto (instead of the City), and that it shall at all times comply with all terms,
conditions, and any other requirements, duties, and/or obligations imposed upon the City under
the State Contract, so as to at all times maintain the City in good standing and :free from default
under said Contract.
b) The University agrees to be bound by all applicable State and federal laws and
regulations.
c) The University agrees, at its sole cost and expense, to transmit any necessary reporting
documents to the City, as same may be required by the City in order to comply with any
reporting and or other requirements under the State Contract, within five (5) business days prior
to any reporting (or other) deadlines. The University shall document, in quarterly reports and a
close-out report, its progress in performing and completing the Scope of Work (and any other
required milestones) under the State Contract. The University shall retain sufficient records for
an audit.
d) The University shall provide a written statement as to whether it is a minority vendor,
as defined in Section 288.703, Fla. Statutes and as required under the State contract.
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123
e) The University shall provide the Certification Regarding Debarment, Suspension and
Ineligibility and Voluntary Exclusion Form, as required under the State Contract.
f) The University shall comply with the requirements of the Budget and Scope of Work
(as described in Attachment "A" to the State Contract) regarding the requirement of matching
funds. The University acknowledges that the Project contemplated under the Scope of Work
requires a non-federal match, in the amount of$235,608.41, and agrees to contribute the required
non-federal match, in the amount of $235,608.41, to this Project. The University further
acknowledges and agrees that this non-federal match ("Local Share") will not be reimbursed.
g) The University shall transmit to the City, within five (5) business days prior to the
deadlines in the State Contract, and with such supporting documentation, and in such manner as
may be reasonably requested by the City, in its reasonable discretion and judgment, the required
Request for Reimbursements ("RFR's"), which include proof of the University's payment of
Project expenses, in the amount of $942,433.53 (which amount includes the State Contract
funds, in an amount not to exceed $706,825.12, and the University's required Local Share, in the
amount of$235,608.41).
h) The University acknowledges that the City will receive reimbursement funding
pursuant to the State Contract, through a FEMA Pre-Disaster Mitigation Program. The City
agrees to submit the RFR's to the State of Florida and, if approved by the State, to accept
payment from the State on behalf of the University, in an amount determined by the State but not
to exceed $706,825.12. Notwithstanding the preceding, or any other term or condition of this
Memorandum of Understanding or the State Contract, the City shall have no liability to the
University or to third parties (including, without limitation, any contractors or subcontractors
retained by the University to prosecute the Scope of Work), for any costs or payments as a result
of any RFR'S which are not approved and/or disallowed by the State.
i) Notwithstanding subsection (h) above, if DEM, upon subsequent review or audit, finds
any disallowed and/or unapproved costs of the Project, which will not be reimbursed, or if funds
for the Project are not received from the State, then the University shall immediately reimburse to
the City any and all such disallowed and/or unapproved costs previously provided by the City.
j) The University shall own, maintain and repair the impact-resistant windows, roof
system and garage doors under the Project scope of work and shall follow procurement
procedures approved by the State DEM.
4 Indemnification.
The University shall fully indemnify and hold the City and its respective officers, employees,
agents, contractors, instrumentalities, and assigns, harmless from any and all liability, losses or
damages, including attorneys' fees and costs of defense, which the University, and/or its
respective officers, employees, agents, contractors, instrumentalities and assigns, may incur as a
result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising
out of, relating to, or resulting from the State Contract and/or this Agreement. The University
shall hold the State of Florida, Division of Emergency Management harmless against all claims
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of whatever nature arising out of the performance of work under the Scope of Work and this
Agreement, to the extent allowed and required by law.
Further, the University agrees and acknowledges that, but for the University's need to prosecute
and complete the Scope of Work contemplated under the State Contract for the continued
maintenance, preservation and improvement of the its facility, and but for the City being the only
eligible party that can enter into the State Contract, that the City would not otherwise be entering
into the State Contract, and is doing so for the sole and express purpose of assisting the
University and for the University's sole benefit.
Accordingly, and in addition to (and without limiting) the indemnification provision in the
preceding paragraph, the University shall fully indemnify, defend and hold harmless the City of
Miami Beach, and its officials, employees, agents, contractors, successors and assigns (the "City
lndemnitees"), from and against all liabilities, obligations, losses, damages, penalties, claims,
actions, costs, charges, subrogations, and expenses (including, without limitation, reasonable
legal and other professional fees and expenses) which may be imposed upon, or incurred by, or
asserted against the City lndemnitees (collectively, the "Damages"), or any of them, by reason of
actual or alleged (1) injury or death to persons (including, without limitation, one or more of the
City Indemnitees or of the University and/or its officers, directors, employees, contractors,
agents, successors or assigns, or of any other third parties); or (2) damage to the property of any
person or legal entity (including, without limitation, the property of one or more of the City
Indemnitees, or of the University and/or its officers, directors, employees, contractors, agents,
successors or assigns, or of any other third parties); and/or (3) any monetary losses which may be
sustained by any of the City Indemnitees; all, as referenced in the aforestated subsections,
subsections (1) -(3), as a direct or proximate cause, resulting from, or arising from any act or
omission, and /or any work, services, and/or other obligations performed and/or otherwise
provided and/or improved by virtue of the University's agreement herein to perform and/or
provide any and all of the City's obligations as a party to the State Contract. Notwithstanding
the specific language of this paragraph, nothing in this paragraph shall in any way serve as an
indemnification, duty to defend or hold harmless by the University against any gross negligence
or willful misconduct by any of the City Indemnitees.
Notwithstanding anything contained in this Agreement, any and each of the University's
obligations to indemnify, defend or hold harmless the City or the City Indemnitees shall be
subject to the City's obligation to act in good faith regarding the State contract and the Project.
The provisions of this Section 4 shall survive termination or expiration of this Agreement, and of
the State Contract.
5 Severability
In the event any paragraph, clause .or sentence of this Agreement or any future amendment is
declared invalid by a court of competent jurisdiction, such paragraph, clause or sentence shall be
stricken from the subject Agreement and the balance of the Agreement shall not be affected by the
deletion, provided to do so would not render interpretation of the Agreement provisions
ambiguous or a nullity.
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6 Notice
Any notices to be given hereunder shall be in writing and shall be deemed to have been given if
sent by hand delivery or recognized overnight courier (such as Federal Express), or if by certified
U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the
place specified. For the present, the parties designate the following as the respective places for
notice purposes, which includes electronic mail address as indicated for copies of notices given.
If to the University
If to the City
Talmudic University
4000 Alton Road
Miami Beach, Florida 33140
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
7. Compliance with Federal, State, and Local Law
All parties hereby agree that they shall comply with all applicable Federal, State, Miami-Dade,
and City laws, ordinances and codes, including the Americans with Disabilities Act, as they
apply to this Agreement.
8. Entire Agreement
This Agreement and its Exhibits represent the entire agreement between the parties. It is further
understood, and agreed to and acknowledged by University, that -notwithstanding and Event of
Default under the State Contract which, if incurred, results in termination of such contract, the
University's liability to the City, and to the City Indemnitees, and to any other third parties shall
not in any way be limited or affected by same.
IN WITNESS WHEREOF, the City and University have caused this Agreement to be executed
by their respective and duly authorized officers the day and year indicated above.
CITY: UNIVERSITY:
CITY OF MIAMI BEACH TALMUDIC UNIVERSITY
By: ___________ _ By: ___________ _
ATTEST: ATTEST:
By: ___________ _ By: ___________ _
JMG/KGB/JMH
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Exhibit "2"
DRAFT-
Contract Number:
CFDA Number: 97.047
FEMANo.:
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and, the City of Miami
Beach (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has received these grant funds from the Federal Emergency Management
Agency, and has the authority to subgrant these funds to the Recipient upon the terms and conditions
below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A-2 of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution and shall end
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
unless
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal OMB Circulars:
States, local governments, and Indian Tribes follow:
• A-87 for Cost Principles, Relocated to 2 CFR, Part 225
• A-102 for Administrative Requirements, and
• A-133 for Audit Requirements
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127
Educational Institutions (even if part of a State or Local government) follow:
• A-21 for Cost Principles, Relocated to 2 CFR, Part 220
• A-110 for Administrative Requirements, Relocated to 2 CFR, Part 215, and
• A-133 for Audit Requirements
Non-Profit Organizations follow:
• A-122 for Cost Principles, Relocated to 2 CFR, Part 230 (362k)
• A-110 for Administrative Requirements, Relocated to 2 CFR, Part 215, and
• A-133 for Audit Requirements
If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the
Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request. The Recipient shall ensure that audit working papers are available to them upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the Division.
The five year period may be extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires,
and extends beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget
and Scope of Work-Attachment A-and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business
hours of 8:00a.m. to 5:00p.m., local time, on Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
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128
(b) These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall
ordinarily mean normal business hours of 8:00a.m. to 5:00p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows
the Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including
Federal resources received from the Division. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, as revised.
An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB
Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the
Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB
Circular A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non-Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB
Circular A-133, as revised, and required by subparagraph (d)_above, when required by Section .320 (d),
OMB Circular A-133, as revised, by or on behalf of the Recipient to:
The Division at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.usl
and
Division of Emergency Management
Bureau of Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by
submission online at:
htto://harvester.census.gov/fac/collect/ddeindex.html
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129
And to any other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send
a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any
management letter issued by the auditor, to the Division at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.usl
and
Division of Emergency Management
Bureau of Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required
to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Division for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after the Division has notified the Recipient of such non-compliance.
U) The Recipient shall have all audits completed by an independent certified public
accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473,
Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The
audit must be received by the Division no later than nine months from the end of the Recipient's fiscal
year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all sub recipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 15 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
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(c) The close-out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that
the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(f) The Recipient shall provide additional reports and information identified in
Attachment F.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above,
monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope
audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division or the
Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to
comply with any additional instructions provided by the Division or the Department to the Recipient
regarding such audit. The Recipient further agrees to comply and cooperate with any inspections,
reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor
General. In addition, the Division will monitor the performance and financial management by the
Recipient throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless the Recipient is a State agency or subdivision, as defined in Section 768.28,
Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, the Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent or tortuous acts or omissions which result in
claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
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{10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in paragraph (11 ). However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
{b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
{11) REMEDIES
If an Event of Default occurs, then the Division may, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in the United States, first
class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in
paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
{d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds;
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. Request additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of performance;
2. Issue a written warning to advise that more serious measures may be taken if
the situation is not corrected;
3. Advise the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
4. Require the Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible.
(f) Exercise any other rights or remedies which may be available under law;
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132
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
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133
(b) The name and address of the Division project manager for this Agreement is:
Project Manager Name: Mr. Quinton Williams, Planner
Bureau Name: Bureau of Mitigation
Division Name: Division of Emergency Management
Address: 2555 Shumard Oak Boulevard
City, State, Zip Tallahassee, Florida 32399
Telephone Number: 850-487-7584
Fax Number: 850-413-9857
Email Address: quinton.williams@em.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
CONTACT NAME:
RECIPIENT NAME: City of Miami Beach
ADDRESS: 1700 Convention Center Drive
CITY, STATE, ZIP Miami Beach, Florida 33139-18191
Telephone: 305-673-7510
Fax: 786-394-4675
Email:------------------
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided as outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
fully executed subcontract must be forwarded to the Division within ten days of execution for review and
approval. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the
terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 -Funding Sources
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134
Attachment A-Budget and Scope of Work
Attachment B -Program Statutes and Regulations
Attachment C-Statement of Assurances
Attachment D-Request for Reimbursement
Attachment E -Justification of Advance
Attachment F -Quarterly Report Form
Attachment G-Warranties and Representations
Attachment H -Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
( 17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $750,000.00
subject to the availability of funds. All requests for reimbursement of administrative costs must be
accompanied by the back-up documentation evidencing all such administrative costs.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla. Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months of the contract term. For a federally funded
contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash
Management Improvement Act of 1990. If an advance payment is requested, the budget data on which
the request is based and a justification statement shall be submitted to the Division Contact in
accordance with Attachment E. Attachment E will specify the amount of advance payment needed and
provide an explanation of the necessity for and proposed use of these funds.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(d) Request for Reimbursement should be submitted at least quarterly and should
include the supporting documentation for all costs of the project submitted on the Request for
Reimbursement. The supporting documentation must comply with the documentation requirements of
applicable OMB Circular Cost Principles. Attachment D must be completed and signed by an authorized
representative of the recipient. Any Requests for Reimbursement that fail to include Attachment D with
the supporting documentation may be returned or delayed in processing. The final invoice shall be
submitted within 60 days after the expiration date of the agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the
United States Congress, the federal Office of Management and Budgeting, the State Chief Financial
Officer or under subparagraph ( 19)(h) of this Agreement, all obligations on the part of the Division to
make any further payment of funds shall terminate, and the Recipient shall submit its closeout report
within thirty days of receiving notice from the Division.
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(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of "Department of Community Affairs," and mailed directly to the Division's Contact
listed above.
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the
Division for collection, the Recipient shall pay the Division a service fee of $15.00.or 5% of the face
amount of the returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and
the release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on
the basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
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(g) Any Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief,
that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. Have not, within a five-year period preceding this proposal been convicted of or
had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(g)2. of this certification; and
4. Have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile
transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And
Voluntary Exclusion" (Attachment H) for each intended subcontractor which the Recipient plans
to fund under this Agreement. The form must be received by the Division before the Recipient
enters into a contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
U) Any bills for travel expenses shall be submitted in accordance with Section 112.061,
Fla. Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(I) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 27 4A( e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 27 4A( e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
11
137
All contractors must E-Verify the employment status of their employees and subcontractors to the extent
permitted by federal law and regulation.
{n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or meetings of any
subcommittee making recommendations to the governing board. All·of these meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shall be public records, available to the
public in accordance with Chapter 119, Fla. Stat.
{o) All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S. C. 1 Oa, unless it would not be in the public interest or unreasonable in cost.
{20) LOBBYING PROHIBITION
{a) No funds or other resources received from the Division ~nder this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
{b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
(21) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
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PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the -eourse of or as a result of work or .
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property
exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind the
Recipient to the terms of this Agreement.
(23) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment C.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF MIAMI BEACH:
BY: ___________________ _
Name and title:-----------------
Date: ____________________ _
FlO# _________________ _
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY: -------------------------
Name and Title: Bryan W. Koon, Director
Date ____________________ _
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140
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Electing Commissioner Jorge R. Exposito, Group II, As Vice-Mayor For A Term Commencing
On July 1, 2012, And Terminating On October 31, 2012, Or On Such Date When A New Vice-Mayor Is
Thereafter Elected.
Key Intended Outcome Supported:
N/A.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
Shall the City Commission Elect Commissioner Jorge R. Exposito as Vice-Mayor?
Item Summary/Recommendation:
The City Commission has established a policy of rotating the position of Vice-Mayor every four (4) months.
Since 1994, the rotation has been by Commission Group numbers in the following sequence, Group I, II,
Ill, IV, V, and VI.
Based on this direction, the next Vice-Mayor Group is Group II. The term for the next Vice-Mayor is July 1,
2012 and terminating on October 31, 2012. Commissioner Jorge R. Exposito (Group II) is next in the
rotation to serve as Vice-Mayor.
Advisory Board Recommendation:
IN/A
Financial Information· .
Source of Amount
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Rafael E. Granado, City Clerk
Si n-Offs:
or Assistant City Manager
T:\AGENDA\20
MIAMI BEACH 141
Account Approved
City Manager
AGENDA ITEM __:::C,.......:7---=C::;___
DATE 6 .... 6-/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 ~
June 6, 2012 {) U
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ELECTING COMMISSIONER JORGE R. EXPOSITO,
GROUP II, AS VICE-MAYOR FOR A TERM COMMENCING ON JULY 1, 2012,
AND TERMINATING ON OCTOBER 31,2012, OR ON SUCH DATE WHEN A
NEW VICE-MAYOR IS THEREAFTER ELECTED.
ANALYSIS
The City Commission has established a policy of rotating the position of Vice-Mayor every
four (4) months. Since 1994, the rotation has been by Commission Group number in the
following sequence, Group I, II, Ill, IV, V, and VI.
Based on this direction, the next Vice-Mayor Group is Group II. The term for the next Vice-
Mayor is July 1, 2012 through October 31, 2012. Commissioner Jorge R. Exposito (Group II)
is next in the rotation to serve as Vice-Mayor.
JMG/REP
T:\AGENDA\2012\6-6-12\vice-mayor.cm.doc
142
RESOLUTION NO.-----
A RESOLUTION OF THE MAYOR AND CITY'COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ELECTING COMMISSIONER
JORGE R. EXPOSITO, GROUP II, AS VICE-MAYOR FOR A TERM
COMMENCING ON JULY 1, 2012, AND TERMINATING ON OCTOBER
31, 2012, OR ON SUCH DATE WHEN A NEW VICE-MAYOR IS
THEREAFTER ELECTED.
WHEREAS, the Mayor and City Commission established a policy of rotating the position of
Vice-Mayor every four months; and
WHEREAS, for the term commencing on July 1, 2012, and terminating on October 31, 2012,
the Mayor and City Commission herein elect Commissioner Jorge R. Exposito as Vice-Mayor.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that Commissioner Jorge R. Exposito is hereby elected
as Vice-Mayor of the City of Miami Beach, Florida, for a term commencing on July 1, 2012, and
terminating on October 31, 2012, or on such date when a new Vice Mayor is thereafter elected.
PASSED and ADOPTED THIS 61h day of June, 2012.
ATTEST:
RAFAEL E. GRANADO,
CITY CLERK
T:IAGENDA\2012\4-11-12\vice-mayor-RES,doc
143
MATTI HERRERA BOWER,
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOt=l EXECUTION
THIS PAGE INTENTIONALLY LEFT BLANK
144
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution authorizing the acceptance of $7,800 dollars in cash and in-kind donations (including sponsorships) made to the
City for Health Fair and Bingo Night for Seniors, a free information and entertainment event; and further appropriating said funds
for costs associated with the Health Fair and Bingo Night for Seniors; and accepting and appropriating future donations for this
purpose, as well as in support of other senior programming such as healthy eating workshops; and authorizing the City Manager
or his designee to make such expenditures and/or reimbursements from the aforestated donations.
Key Intended Outcome Supported:
Improve the lives of elderly residents.
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey reported that 26.1% of
residents believed the "65 years of age and older'' demographic should benefit most from limited resources during tough
economic times.
Issue: I Should the City accept sponsorships for Health Fair and Bingo Night for Seniors?
Item Summary/Recommendation:
Since 2009, the City has partnered with Global Spectrum to present special events for our elder residents featuring dances,
movie night and bingo, accompanied by a free dinner. With free transportation provided by the City's Parks & Recreation
Department, these events typically attract up to 500 elder residents.
This year, our goal was to expand the impact of these events by including a health fair to provide elder residents with much-
needed preventive health information, as well as introductions to key elder services providers, such as the South Florida
Center for Independent Living, Switchboard of Miami's Seniors Never Alone Program, Florida Senior Medicare Patrol and
Independent Living Community Services.
As a means of offsetting any hard costs, as well as raising funds to further elder programming in the City, several local
businesses were approached to sponsor Health Fair and Bingo Night for Seniors. The event was limited to 10 for-profit
business and 1 0 non-profit businesses catering to the elderly. Simply Health care became the name event sponsor providing a
$5,000 sponsorship fee. The following businesses each paid $500 to sponsor a table at the event: Humana; Care Plus; United
Healthcare; and Miami Beach Medical Group. Navarro Pharmacy and Vitas each paid $250 sponsorship fees. Finally, the medical
offices of Dr. Richard Cuello-Fuentes provided $300 in gift cards as prizes for bingo. A total of $7,800 was raised.
On May 22"d, the Health Fair and Bingo Night for Seniors was held from 2pm to 5pm followed by dinner and bingo from 5pm to
7pm. More than 700 tickets were distributed to elder residents throughout the City. More than 300 people attended. Expenses
were limited to $108 for a banner that was displayed at the Miami Beach Convention Center directing attendees to the event
location, and $2,070 for buses that provided free transportation to and from the event. It is proposed that the unexpended funds
balance of $5,322 be used to sponsor a series of 11 healthy eating workshops, including cooking seminars, for our City's elder
residents who, because of income limitations, are often relegated to eating high sodium, high fat foods that trigger high blood
pressure, diabetes and other medical ailments, as well as off-setting any hard costs associated with supporting any of the senior
events programmed by the City and Global Spectrum.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Funds: Amount Account
1 $7,800 1 03-8000-366908
OBPI Total
Financial Impact Summary:
These sponsors are providing a total of $7,800 in funding and in-kind contributions to offset the costs for Health Fair and Bingo
Night for Seniors, and for use in support of other senior programs.
Ci
Department Director
MIAMI BEACH 145
AGENDA ITEM c 7 D
DATE 6-6-/l_
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manage~ ..
1
r/-
June 6, 2012 Qwv 0
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING AND AUTHORIZING
THE ACCEPTANCE OF A TOTAL OF SEVEN THOUSAND EIGHT HUNDRED
DOLLARS ($7,800) IN CASH AND IN-KIND DONATIONS FROM THE
SPONSORS SET FORTH IN THIS RESOLUTION, MADE TO THE CITY FOR
HEALTH AND BINGO NIGHT FOR SENIORS, A FREE INFORMATIVE AND
ENTERTAINMENT EVENT HELD ON MAY 22, 2012; AND FURTHER
APPROPRIATING SAID FUNDS; AND ALSO ACCEPTING AND AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO MAKE SUCH EXPENDITURES
AND/OR REIMBURSEMENTS FROM THE AFORESTATED DONATIONS, IN
FURTHERANCE OF AND CONSISTENT WITH THE AFORESTATED EVENT, AS
WELL USE ANY UNEXPENDED PORTIONS IN SUPPORT OF OTHER SENIOR
PROGRAMMING, AS SET FORTH BELOW.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
ANALYSIS
Since 2009, the City has partnered with Global Spectrum to present special events for our
elder residents, featuring dances, movie night and bingo, accompanied by a free dinner.
With free transportation provided by the City's Parks & Recreation Department, these events
typically attract up to 500 elder residents. Past events have included Halloween dances,
movie nights and holiday parties. The Parks and Recreation Department and Teen Club
staff the events.
This year, our goal was to expand the impact of these events by including a health fair to
provide elder residents with much-needed preventive health information, as well as
introductions to key elder services providers, such as:
• South Florida Center for Independent Living
• Switchboard of Miami's Seniors Never Alone Program
• Florida Senior Medicare Patrol
• Independent Living Community Services
• Alzheimer's Association
• Unidad of Miami Beach
• Douglas Gardens Community Mental Health Center
• Community Action Agency/Human Services Programs
• Jewish Community Services Miami Beach Senior Center
• Alliance for Aging/ SHINE Program
146
Elder Health Fair
June 6, 2012
City Commission Meeting
Page 2 of 3
All of these agencies provide free programming and support to elder residents to ensure
their continued independence.
EVENT IMPACT
On May 22nd, the Health Fair and Bingo Night for Seniors was held from 2pm to 5pm
followed by dinner and bingo from 5pm to 7pm. More than 700 tickets were distributed to
elder residents throughout the City. More than 300 seniors attended.
The City's Parks and Recreation Department and Office of Community Services collaborated
to promote the event among our residents by targeting participants in recreation and care
coordination programs, as well as those living in affordable housing for seniors. Six buses
circulated among various sites in 25-minute intervals, enabling residents greater freedom to
attend and leave the event as they wished.
Free, continuous transportation was provided to the following elder housing buildings:
• Stella Maris (8638 Harding Avenue)\
• North Shore Youth Center (501 72nd Street)
• Four Freedoms House (3800 Collins Avenue)
• Villa Maria (2800 Collins Avenue)
• Edwards Apartments (953 Collins Avenue)
• Council Towers North (1040 Collins Avenue)
• Council Towers South (533 Collins Avenue)
• Shep Davis Plaza (220 23rd Street)
• Blackstone Apartments (800 Washington Avenue)
• Allen Apartments (2001 Washington Avenue)
• Rebecca Towers (200 Alton Road)
• Federation Towers (757 West Avenue)
• Lulav Square (628 Lenox Avenue)
• Michigan Avenue Apartments I & II (530-532 Michigan Avenue)
• Jefferson Apartments (542 Jefferson Avenue)
FUNDING
As a means of offsetting costs, as well as raising funds to further elder programming in the
City, several local businesses were approached to sponsor Health Fair and Bingo Night for
Seniors. The event was limited to 10 for-profit business and 10 non-profit businesses
catering to the elderly. Simply Healthcare became the named event sponsor, providing a
$5,000 sponsorship fee. The following businesses each paid $500 to sponsor a table at the
event: Humana; Care Plus; United Healthcare; and Miami Beach Medical Group. Navarro
Pharmacy and Vitas each paid $250 sponsorship fees. Finally, the medical offices of Dr.
Richard Cuello-Fuentes provided $300 in gift cards as prizes for bingo. The total amount
raised through sponsorships was $7,800.
Expenses were limited to $108 for a banner that was displayed at the Miami Beach
Convention Center directing attendees to the event location, and $2,070 for transportation
services. It is recommended that the unexpended funds balance $5,322 be used to sponsor
147
Elder Health Fair
June 6, 2012
City Commission Meeting
Page 3 of 3
a series of eleven ( 11) healthy eating workshops, including cooking seminars, for our City's
elder residents who, because of income limitations, are often relegated to eating high
sodium, high fat foods that trigger high blood pressure, diabetes and other medical ailments,
as well as offsetting any hard costs associated with supporting any of the senior events
programmed by the City and Global Spectrum.
CONCLUSION
Staff has worked diligently to identify funding sources to off-set the City's hard costs to
produce this event that provides an entertaining, informative experience for our elder
residents, and promotes the City's commitment to improving their lives. The Administration
recommends the adoption of the attached Resolution authorizing the acceptance of these
donations, their appropriation to cover costs of Health Fair and Bingo Night for Seniors, as
the appropriation of any remaining funds raised for this event, as well as the acceptance and
appropriation of future donations, to fund healthy cooking workshops, as well as other senior
programming produced by the City in partnership with Global Spectrum.
JMG/HMF/M~
T:\AGENDA\2012\6-6-12\Eider Health Fair Memo.doc
148
RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING AND
AUTHORIZING THE ACCEPTANCE OF A TOTAL OF SEVEN THOUSAND
EIGHT HUNDRED DOLLARS ($7,800) IN CASH AND IN-KIND DONATIONS
FROM THE SPONSORS SET FORTH IN THIS RESOLUTION, MADE TO
THE CITY FOR HEALTH FAIR AND BINGO NIGHT FOR SENIORS, A FREE
INFORMATIVE AND ENTERTAINMENT EVENT HELD ON MAY 22, 2012;
AND FURTHER APPROPRIATING SAID FUNDS; AND ALSO ACCEPTING
AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE
SUCH EXPENDITURES AND/OR REIMBURSEMENTS FROM THE
AFORESTATED DONATIONS, IN FURTHERANCE OF AND CONSISTENT
WITH THE AFORESTATED EVENT.
WHEREAS, improving the lives of elderly residents is a Key Intended Outcome for the
City; and
WHEREAS, our community's elder residents can benefit from programming that is
tailored to their unique needs while providing an opportunity for social interaction; and
WHEREAS, in furtherance of the Health Fair and Bingo Night for Seniors, held on May
22, 2012, the following entities have made Donations to the City, totaling $7,800 in cash and in-
kind services, and shall be recognized as sponsors of "Health Fair and Bingo Night for Seniors"
2012:
o Simply Healthcare (Named Sponsor);
o Humana;
o United Healthcare;
o Navarro Pharmacy;
o Miami Beach Medical Group;
o Vitas;
o Medical offices of Dr. Richard Cuello-Fuentes; and
WHEREAS, the event provides seniors with salient health information as well as a fun-
filled evening with dinner, bingo games and prizes; and
WHEREAS, it is hereby recommended that the Mayor and City Commission retroactively
accept the aforestated donations on behalf of the Health Fair and Bingo Night for Seniors 2012,
and that the Mayor and City Commission hereby authorize the City Manager or his designee to
make any necessary reimbursements and/or expenditures of the aforestated donations, in
furtherance of and consistent with the aforestated "Health Fair and Bingo Night for Seniors"
2012 event.
149
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
retroactively approve and authorize the acceptance of a total of seven thousand eight hundred
dollars ($7,800) in cash and in-kind donations from the sponsors set forth in this Resolution,
made to the City for Health Fair and Bingo Night for Seniors 2012, a free informative and
entertainment event held on May 22, 2012; and further appropriating said funds for Health Fair
and Bingo Night for Seniors, and authorizing the City Manager or his designee to make such
expenditures and/or reimbursements from the aforestated donations, in furtherance of and
consistent with the aforestated event.
PASSED and ADOPTED this ___ day of _____ , 2012.
ATTEST:
MAYOR
CITY CLERK
T:\AGENDA\2012\6-6-12\Eider Health Fair RESO.doc
150
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution supporting the position of the Miami-Dade County League of Cities' priorities regarding the
municipal share of the Surtax; authorizing the Administration to continue working with the MDCLC during
negotiations with Miami-Dade County; and further reaffirming the City's position regarding distribution of the
municipal share of the Surtax ..
Key Intended Outcome Supported:
Enhance Mobility Throughout the City
Supporting Data (Surveys, Environmental Scan, etc.): Transportation remains one of the most significant
~reas to address from the survey results (often mentioned as a key quality of life issue). 24% of residents
ated traffic flow as excellent or good, and 37% as poor. 35% of residents rated the availability of pedestrian
rails and bicycle paths/lanes as excellent or good, and 30% as poor.
Issue:
Shall the City support the Miami-Dade League of Cities during negotiations with Miami-Dade County regarding
the distribution of the munici al share of the Peo le's Trans ortation Plan Surtax?
Item Summary/Recommendation:
The Administration has attended several meetings recently with the Miami-Dade County City Managers
Association MDCCMA) and the Miami-Dade County League of Cities (MDCLC} to discuss the Transportation
Surtax and upcoming negotiations with Miami-Dade County. Each municipality that receives a distribution from
the Transportation Surtax has entered into an lnterlocal Agreement (ILA) with Miami-Dade County. These
agreements were originally entered into in 2003, but were revised in 2007 by Miami-Dade County. The 2007 I LAs
expire in July, 2012, and the MDCCMA and MDCLC have jointly initiated negotiations with Miami-Dade County
regarding the items that the cities would like to be included in the new I LAs.
There are five (5) municipalities that did not execute the revised 2007 ILA: Miami Beach, Pinecrest, South Miami,
North Miami Beach, and Virginia Gardens. The 2003 ILA does not have an expiration date; therefore, the City of
Miami Beach's ILA will remain in effect beyond July 2012, when the 2007 ILA's entered into by other cities expire.
Furthermore, the 2003 ILAs require that the County fund only those cities in existence in 2003 from the 20%
municipal share and that new cities are to be funded from the County's 80% share. Attachment A compares that
terms between the 2003 and 2007 ILAs (as well as the 2011 ILA entered into by the three newly incorporated
cities).
The MDCCMA and MDCLC have identified several items (Attachment B) for inclusion in a new ILA, to be
negotiated with the County. The Administration recommends that the City support the position of the MDCCMA
and MDCLC during negotiations with the County, and further support each item listed on Attachment B, provided
that:
1. Newly incorporated cities be funded from the County's 80% share, and at a funding level that is the per
capita equivalent of the existing cities; and
2. That the new ILA remain in effect from year-to-year for so long as the County receives net proceeds
from the Surtax.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount
Funds: 1
OBPI Total
Financial Impact Summary:
Clerk's Office Le islative Trackin
Kevin Crowder, City Manager' Office
MIAMI BEACH 151
Account
AGENDA ITEM ~C=-7~£ __
DATE 6-6-/2-
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
MEMO# COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: June 6, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SUPPORTING THE MIAMI-DADE COUNTY
LEAGUE OF CITIES' (MDCLC) PRIORITIES REGARDING THE MUNICIPAL
DISTRIBUTION OF THE PEOPLE'S TRANSPORTATION PLAN SURTAX
FUNDING; AUTHORIZING THE ADMINISTRATION TO REPRESENT THE
CITY OF MIAMI BEACH DURING NEGOTIATIONS BETWEEN THE MDCLC
AND MIAMI-DADE COUNTY; AND FURTHER REAFIRMING THE CITY'S
POSITION THAT SURTAX FUNDING FOR NEWLY INCORPORATED
MUNICIPALITIES SHOULD BE FROM THE COUNTY'S 80% SHARE OF THE
SURTAX, AS ORIGINALLY NEGOTIATED IN GOOD FAITH AND AGREED
TO BY MIAMI-DADE COUNTY IN 2002, AND AS CURRENTLY REQUIRED
BY MIAMI-DADE COUNTY ORDINANCE 02-116.
ADMINISTRATION RECOMMENDATION
Adopt the Resolutions.
BACKGROUND
In 2002, Miami-Dade County voters approved the PTP and a half-cent sales tax surtax
to be used for the enhancement of transit and transportation in Miami-Dade County.
Previous efforts to implement such a tax had been defeated by the voters, and then-
Mayor Alex Penelas worked in good faith with municipal leaders to develop a revenue-
sharing concept that could be supported by the cities in Miami-Dade County. It is
common knowledge that, without support from the municipal leadership in Miami-Dade
County, the ballot question most likely would have failed. The agreed-upon proposal
provided that 20% of the revenue generated by the half penny sales tax would be
distributed to the cities in existence at the time the tax was approved.
On July 9, 2002, the Board of County Commissioners (BCC) adopted Ordinance 02-116,
which expressly states that 20% of the proceeds must be distributed solely among the
existing cities. The Ordinance specifically states that newly incorporated municipalities
will have the right to negotiate with the County for their pro rata share of the sales surtax
from the County's 80% portion, and that providing funding to new cities would not affect
the 20% share provided to municipalities that existed at the time the question was
approved by the voters. The record from that meeting of the BCC is clear; it was the
intent of the Board that new cities be funded from the County's 80% share of the
152
Commission Memorandum
June 6, 2012
People's Transportation Plan -Proposed Changes
Transportation Surtax funds since, in addition to countywide projects and services, that
share also funds projects in the unincorporated areas. Clarification on this issue was
provided prior to ordinance approval.
In response to Miami-Dade County's failure to enter into interlocal agreements to provide
funding to municipalities incorporated after the passage of the PTP, as required by the
PTP Ordinance, House Bill 1205 was approved during the 2009 legislative session,
requiring the County to renegotiate the interlocal agreements for distribution of the
Surtax proceeds every five years to include any new municipalities. House Bill 1205
does not specify whether or not new municipalities should be funded from the 20%
share; it is silent on the issue. For the most part, this legislation essentially required the
County to do what the PTP ordinance already required. However, the County is
interpreting this legislation differently.
In response to continuing concerns, a working group was convened in 2010 by Miami-
Dade County with representatives of municipalities and the County to discuss this issue.
This group met on at least three occasions and discussed options proffered by the
County. There was no agreement by the cities on any one option proffered, only that
further discussion should continue.
On September 15, 2010, the Mayor and City Commission adopted the following
Resolutions:
Resolution 2010-27470: A Resolution Expressing Support For The Cities Of Miami
Gardens, Doral, And Cutler Bay, And Urging Miami-Dade County Board Of County
Commissioners To Provide These Three Cities With Their Rightful Share Of People's
Transportation Plan Surtax Funding From The County's 80% Share Of The Surtax, As
Originally Negotiated In Good Faith And Agreed To By Miami-Dade County In 2002, And
As Currently Required By Miami-Dade County Ordinance 02-116.
Resolution 2010-27471: A Resolution Urging The Miami-Dade County Board Of County
Commissioners To Reject The County Manager's Proposal To Provide The Peoples
Transportation Plan Surtax Funds To Cities Incorporated After 2002 From The Growth
Of The Existing Cities' 20% Share, Also Known As The "Hold-Harmless Option," And
Urging The Miami-Dade County Board Of County Commissioners To Direct The County
Administration To Prepare A Plan To Fund The Newly Incorporated Cities From The
County's 80% Share, As Agreed To In Miami-Dade County Ordinance No. 02-116.
Since the time that these Resolutions were adopted, Miami-Dade County has reached
agreement with the three new cities, and provided funding to those cities in Fiscal Year
2011/12 from the County's 80% share of the surtax.
RECENT DEVELOPMENTS
The Administration has attended several meetings recently with the Miami-Dade County
City Managers Association MDCCMA) and the Miami-Dade County League of Cities
(MDCLC) to discuss the Transportation Surtax and upcoming negotiations with Miami-
Dade County. Each municipality that receives a distribution from the Transportation
Surtax has entered into an tnterlocal Agreement (ILA) with Miami-Dade County. These
153
Commission Memorandum
June 6, 2012
People's Transportation Plan-Proposed Changes
agreements were originally entered into in 2003, but were revised in 2007 by Miami-
Dade County. The 2007 ILAs expire in July, 2012, and the MDCCMA and MDCLC have
jointly initiated negotiations with Miami-Dade County regarding the items that the cities
would like to be included in the new I LAs.
There are five (5) municipalities that did not execute the revised 2007 I LA: Miami Beach,
Pinecrest, South Miami, North Miami Beach, and Virginia Gardens. The 2003 ILA does
not have an expiration date; therefore, the City of Miami Beach's ILA will remain in effect
beyond July 2012, when the 2007 entered into by other cities expire. Furthermore, the
2003 ILAs require that the County fund only those cities in existence in 2003 from the
20% municipal share and that new cities are to be funded from the County's 80% share.
Attachment A compares the terms between the 2003 and 2007 ILAs (as well as the 2011
ILA entered into by the three newly incorporated cities).
The MDCCMA and MDCLC have identified several items (Attachment B) for inclusion in
a new ILA, to be negotiated with the County. The Administration recommends that the
City support the position of the MDCCMA and MDCLC during negotiations with the
County, and further support each item listed on Attachment B, provided that:
1. Newly incorporated cities be funded from the County's 80% share, and at a
funding level that is the per capita equivalent of the existing cities; and
2. That the new ILA remain in effect from year-to-year for so long as the County
receives net proceeds from the Surtax.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the
Resolution, supporting the position of the Miami-Dade County League of Cities' priorities
regarding the municipal share of the Surtax; authorize the Administration to continue
working with the MDCLC during negotiations with Miami-Dade County, and further
reaffirm the City's position regarding distribution of the municipal share of the Surtax.
JMG/HF/k~
T:\AGENDA\2012\6-6-12\PTP Memo.docx
154
RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, SUPPORTING
THE MIAMI-DADE COUNTY LEAGUE OF CITIES' (MDCLC)
PRIORITIES REGARDING THE MUNICIPAL DISTRIBUTION
OF THE PEOPLE'S TRANSPORTATION PLAN SURTAX
FUNDING; AUTHORIZING THE ADMINISTRATION TO
REPRESENT THE CITY OF MIAMI BEACH DURING
NEGOTIATIONS BETWEEN THE MDCLC AND MIAMI-DADE
COUNTY; AND FURTHER REAFFIRMING THE CITY'S
POSITION THAT SURTAX FUNDING FOR NEWLY
INCORPORATED MUNICIPALITIES SHOULD BE FROM THE
COUNTY'S 80% SHARE OF THE SURTAX, AS ORIGINALLY
NEGOTIATED IN GOOD FAITH AND AGREED TO BY MIAMI-
DADE COUNTY IN 2002, AND AS CURRENTLY REQUIRED
BY MIAMI-DADE COUNTY ORDINANCE 02-116.
WHEREAS, in 2002, Miami-Dade County voters approved the People's
Transportation Plan ("PTP") and a half-cent sales tax surtax to be used for the
enhancement of transit and transportation in Miami-Dade County; and
WHEREAS, because previous efforts to implement such a tax had been
defeated by the voters, then-Mayor Alex Penelas worked in good faith with municipal
leaders to develop a revenue-sharing concept that could be supported by the existing
cities in Miami-Dade County; and
WHEREAS, without support from the municipal leadership in Miami-Dade
County, the ballot question most likely would have failed; and
WHEREAS, the agreed-upon proposal provided that 20% of the revenue
generated by the half-cent sales tax would be distributed to the cities in existence at the
time the tax was approved; and
WHEREAS, on July 9, 2002, the Miami-Dade County Board of County
Commissioners (BCC) adopted Ordinance No. 02-116, which expressly states that 20%
of the half-cent sales tax proceeds must be distributed solely among the existing cities;
and
WHEREAS, Ordinance No. 02-116 specifically states that newly incorporated
municipalities will have the right to negotiate with the County for their pro rata share of
the sales surtax from the County's 80% portion, and that providing funding to new cities
would not affect the 20% share provided to municipalities that existed at the time the
question was approved by the voters; and
WHEREAS, since 2002, three incorporations have been permitted in Miami-
Dade County: Miami Gardens, Doral, and Cutler Bay; and
WHEREAS, municipalities currently receiving the surtax have consistently
155
expressed support for these three new cities to receive funding as provided for by
Miami-Dade County in Ordinance No. 02-116; and
WHEREAS, a working group was convened in 2010 by Miami-Dade County with
representatives of municipalities and the County to discuss this issue, which group met
on at least three occasions and discussed options proffered by the County; and
WHEREAS, the working group did not agree on a solution, only that further
discussion should continue; and
WHEREAS, on July 19, 2010, County Manager George Burgess issued a
memorandum to the Board of County Commissioners (BCC) informing the BCC that he
had directed staff to prepare legislation for their consideration that "embraces a hold-
harmless model" (the "hold-harmless option"); and
WHEREAS, the hold-harmless option proposed to provide PTP revenues to the
new cities with the growth in PTP revenue, including the 20% municipal share that was
expected in the coming years as the economy recovers; and
WHEREAS, the 5-year impact to the City of Miami Beach from loss of growth of
the 20% municipal share was estimated by the Citizen's Independent Transportation
Trust to be between $800,000 and $1.1 million under the hold-harmless option; and
WHEREAS, the BCC did not adopt the hold-harmless option; and
WHEREAS, on July 29, 2010, the Citizen's Independent Transportation Trust
("CITT") approved two resolutions, the first supporting an amendment to Ordinance No.
02-116 to provide for the funding of new municipalities through the implementation of the
hold-harmless option and the easing of the municipal maintenance of effort requirement,
and second urging the BCC to fund the new municipalities from a county source other
than the 20% municipal share until new funding sources are identified or Ordinance No.
02-116 is amended; and
WHEREAS, on August 24, 2010, the City Commissions of the cities of Coral
Gables and Hialeah approved resolutions to initiate a conflict resolution procedure
against Miami-Dade County pursuant to Section 164.1052 of the Florida Statutes
regarding this "hold-harmless option"; and
WHEREAS, on September 15, 2010, the Mayor and City Commission of the City
of Miami Beach adopted Resolutions No. 2010-27470 and 2010-27471, opposing the
hold-harmless option and supporting a plan whereby the new cities of Miami Gardens,
Doral, and Cutler Bay are provided their rightful share of PTP surtax funding as provided
in Miami-Dade County Ordinance No. 02-116; and
WHEREAS, some of the lnterlocal Agreements between the municipalities and
Miami-Dade County expire in July 2012; and
WHEREAS, the Miami-Dade County League of Cities (MDCLC) and the Miami-
Dade County City Managers Association (MDCCMA) have met recently with the
2
156
administrations of the cities in Miami-Dade County to identify a list of issues for inclusion
in negotiations between with Miami-Dade County.
NOW, THEREFORE, BE IT RESOLVED BY, THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission support the Miami-Dade County League of Cities priorities regarding the
municipal distribution of the People's Transportation Plan Surtax funding; authorize the
Administration to continue to represent the City during negotiations between the Miami-
Dade County League of Cities and Miami-Dade County; and further reaffirm the City's
position that Surtax funding for newly incorporated cities should be from the County's
80% share of the surtax, as originally negotiated in good faith and agreed to by Miami-
Dade County in 2002, and as currently required by Miami-Dade County Ordinance No.
02-116.
PASSED AND ADOPTED this ___ day of __ 2012.
ATTEST:
CITY CLERK
T:\AGENDA\2010\September 15\Consent\PTP Reso.docx
APPROVED AS TO
FORM & LANGUAGE
ORE UTION
MAYOR
3
157
ATTACHMENT A
lnterlocal Agreement for Distribution of Transit System Surtax Proceeds
2003 Agreement
• Cities: Pinecrest South Miami, North Miami Beach, Virginia Gardens, Miami Beach.
2007 Agreement
• Cities: Miami Springs, Aventura, Bal Harbour Village, Bay Harbor Islands, Miami, Key Biscayne,
Village of El Portal, Indian Creek Village, West Miami, Sunny Isles Beach, North Bay Village,
Sweetwater, Miami Lakes, Florida City, Biscayne Park, Hialeah, Surfside, Palmetto Bay, Hialeah
Gardens.
2011 Agreement
• Cities: Town of Cutler Bay, Miami Gardens, Doral
By June 1 of each yr, cities will certify same level of general funding support for
transportation in FY 2001-2002, using share in accordance with agreement.
If cities failed to meet certification requirements, after opportunity to correct
deficiencies, the pro rata portion of the municipal share will not be distributed to the
and be redistributed to remaini
the city's
Under Article 2.2. The noticed party of termination of the agreement shall have an
opportunity to cure.
158
X
X
X
X
X
X
X
X
X
X
X X
X X
X X
X X
X X
X X
X X
Silent in 2007 & 2011 Agreements
Silent in 2007 & 2011 Agreements
in 2007 &2011
2007&2011
Similar wording in 2007 &2011
Agreement. Date changed from June 1
to November 1.
Similar wording in 2007 &2011
Agreements
in 2007 &2011
in 2007 &2011
in 2007 &2011
Need to define "cause".
rii<;n<>r·<ino of surtax proceeds
breach is cured.
of Program Costs ......• all costs associated with the
r documentation.
Under Article 5-Audit and Inspection. By November 1 a certified report with a
disclosure of surtax proceeds expended, followed by independent audit report six (6)
months after the fiscal year end. City agrees to cooperate with CITT and County
agencies, including providing access to records upon request. City retain records for
three rs from date audit is issued.
Under Article 5. If audit discloses noncompliance, the City such submit plan for
Under Whereas. County Distributes 20% of net proceeds ("municipal share") to cities
existing as of Nov. 5, 2002, and those Cities incorporated between Nov.S, 2002 and
the date of this agreement that meet certain conditions. (herein, referred to "eligible
cities"
Under Whereas. County agrees to provide its pro rata share from the County's 80%
share of Surtax revenue.
Under Article 12. Favored Nation Status. The County agrees that the Town will be
entitled to the same favorable terms as other eligible Cities without the need for an
amendment to this A.,., ..... m .. !nt.
159
X X
X X Increased reporting requirements
X X
X X Similar wording in 2003 Agreement.
Date changed from June 1 to
November 1.
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X Particular to the Incorporation.
X Particular to the Incorporation.
Particular to this Agreement.
X
ATTACHMENT 8
Some suggested new (or reintroduction) of terms for the new lnterlocal Agreement:
• Eliminate 20% transit requirements, making 100% of the funds available for transportation
purposes;
•· Define Transportatio.n purposes to include but not limited the provisions of Florida Statutes
212.055, with the relevant sub-references to the Public Transportation, Chapter 334.03 and
Florida Statutes 334.065(1)(a) {Attached);
• Allow for an annual independent audit to be overseen by an established Municipal Committee
to audit the County}s ~se of th~surtax funds with the same regularity as the County audits the
Cities; -· -
• Eliminate the required baseline maintenance of efforts;
• Distributed net proceeds to Cities incorporated after November 5, 2002 shall not be reduced
or affect the municipal share for eligible Cities (similar term exist in the 2003 Agreement);
• Identify a percent of the County's 80% (based on population) that is dedicated to UMSA, with
the intent to allocate to future annexations and incorporations;
• Allow for the Agreement to remain in effect from year to year for so long as the County
receives net proceeds (similar term exist in the 2003 Agreement);
• Provide "favored nations" status to Cities, so as to grant the same exemptions and rights that
the County grants itself and/or other eligible Cities (similar term exist in the 2011 Agreement);
• Need to define "cause" related to "termination" and/ or when County "withholds" surtax
funds; and
• Reduce reporting requirements to annually not quarteriy, and tied to the certification
requirement of the work completed (similar term exist in the 2003 Agreement).
160
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach,
Florida, approving the first year renewal option to the professional services
agreement between the City and RBC Oain Rauscher, Inc. (d/b/a RBC Capital
Markets), dated March 14, 2007, for financial advisory services; said renewal
term having been deemed to commence retroactively on March 15, 2012, and
ending on March 14, 2013.
Key Intended Outcome Supported:
Improve the City's overall financial health and maintain overall bond rating.
Supporting Data (Surveys, Environmental Scan, etc.):
Issue:
I Should the "!1a}!or and City Commissior ap_erove the Resolution?
Item Summary/Recommendation:
The Administration recommends that the Mayor and City Commission adopt the
Resolution which approves the first year renewal option to the Professional Services
Agreement between the City and RBC Dain Rauscher, Inc. (0/B/A RBC Capital
Markets), dated March 14, 2007, for Financial Advisor Services; said renewal term
having been deemed to commence retroactively on March 15, 2012, and ending on
March 14, 2013.
Advisory Board Recommendation:
IN/A
Financial Information:
Amount
Source of Funds: N/A
OBPI
Total
Ci Clerk's Office Le islative Trackin
Patricia Walker, Chief Financial Officer
Si n-Offs:
Department Director
POW
MIAMI BEACH
Account
Fees paid from proceeds of new
Bonds issued.
Manager
161
JMG
AGENDA ITEM
DATE
Approved
(9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, ~.miamibeachll.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Bower and Members of the City Commis~ion
FROM: Jorge M. Gonzalez, City Manager
DATE: June 6, 2012
SUBJECT: A RESOLUTION OF THE MAYOR A D CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE FIRST YEAR RENEWAL
OPTION TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY AND RBC DAIN RAUSCHER, INC. (D/B/A RBC CAPITAL
MARKETS), DATED MARCH 14, 2007, FOR FINANCIAL ADVISORY
SERVICES; SAID RENEWAL TERM HAVING BEEN DEEMED TO
COMMENCE RETROACTIVELY ON MARCH 15, 2012, AND ENDING ON
MARCH 14, 2013.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
KEY INTENDED OUTCOME SUPPORTED
Improve the City's overall financial health and maintain overall bond rating.
BACKGROUND
The Mayor and City Commission, at its March 14, 2007 City Commission meeting, passed and
adopted Resolution 2007-26484, which accepted the City Manager's recommendation
pertaining to the ranking of firms pursuant to Request for Proposals (RFP) No. 20~06/07 for
Financial Advisory Services. It further authorized the Administration to enter into negotiations
with RBC Capital Markets and authorized the Mayor and City Clerk to execute an agreement
upon the completion of successful negotiations by the Administration;
ANALYSIS
The purpose of this resolution is to recommend the first year renewal of the contract with RBC
Capital Markets for Financial Advisory Services. The original contract was for an initial five (5)
year term with up to five (5) additional one (1) year renewal terms.
162
Commission Memorandum
Financial Advisor Renewal
June 6, 2012
Page 2 of2
RBC Capital Markets acts as Financial Advisors for the City's ongoing capital program, including
Water & Sewer Bonds, Stormwater Bonds, Parking Bonds, and with the Line of Credit financing
program. They are currently assisting the City with the financing" plan for the undergrounding of
the utilities for Sunset Islands 3 & 4.
Addition, they serve as Financial Advisors for the Miami Beach Health Facilities Authority (HFA).
Currently, Mt. Sinai has applied to the HFA for a substantial bond refunding series of
approximately $160 million. When RBC Capital Markets serves as the Financial Advisors to the
HFA, the issuer, in this case Mt. Sinai, shall compensate them from the proceeds from the sale
of the bonds or other fees charged for a project.
RBC Capital Markets also provides the City with various other financial advisory services some
ef whiel'l iRelude the fellewiMg:
Review existing debt structure and financial resources to determine available
borrowing eapaeity.
-Advise as to market conditions and recommend the timing of the sale of bonds.
Provide information concerning the structure of financing programs used by other
issuers.
Advise on the use of a negotiated or competitive bid sale for each issue.
-Advise as to the advantages and disadvantages of municipal bond issuance or other
credit enhancements.
-Assist in negotiating the interest rates proposed by the underwriters.
Review the bond purchase agreement and advise as to its acceptance or rejection in
light of market conditions.
Assist legal counsel in the preparation and distribution of the Official Statement.
Arrange for distribution of the Official Statement to bond underwriters and investors
in accordance with the objectives communicated by the City.
Included as Exhibit A is a more comprehensive list of the scope of services that RBC Capital
Markets is required to perform and was part of their original contract with the City. In this Exhibit
is also the fee structure that will continue to be in effect should this resolution be approved.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution
which approves the first year renewal option to the Professional Services Agreement between
the City and RBC Dain Rauscher, Inc. (0/B/A RBC Capital Markets), dated March 14, 2007, for
Financial Advisor Services; said renewal term having been deemed to commence retroactively
on March 15, 2012, and ending on March 14, 2013.
JMG/PDW
163
RESOLUTION NO.-----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING/ THE FIRST YEAR
RENEWAL OPTION TO THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY AND RBC DAIN RAUSCHER,
INC. (D/B/A RBC CAPITAL MARKETS), DATED MARCH 14, 2007,
FOR FINANCIAL ADVISORY SERVICES; SAID RENEWAL TERM
HAVING BEEN DEEMED TO COMMENCE RETROACTIVELY ON
MARCH 15,2012, AND ENDING ON MARCH 14,2013.
WHEREAS, at its March 14, 2007 meeting, the Mayor and City Commission
adopted Resolution No. 2007~26484, which accepted the City Manager's
recommendation pertaining to the ranking of firms pursuant to Request for Proposals
(RFP) No. 20-06/07 for Financial Advisory Services, authorizing the Administration to
enter into negotiations with RBC Capital Markets, and further authorizing the Mayor and
City Clerk to execute an agreement upon the completion of successful negotiations by
the Administration; and
WHEREAS, the aforestated Agreement provides for the City, at its sole
discretion, to renew the Agreement, upon the same term and conditions, for up to five (5)
additional one (1) year renewal terms; and
WHEREAS, the Administration requests that the City Commission hereby
approve the exercise of the first renewal term, which would be deemed to have
commenced retroactively on March 15, 2012 and which would expire on March 14,
2013.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve the
first year renewal option to the Professional Services Agreement between the City and
RBC Dain Rauscher, Inc. (D/B/A RBC Capital Markets), dated March 14, 2007, for
Financial Advisor Services; said renewal term having been deemed to commence
retroactively on March 15, 2012, and ending on March 14, 2013.
PASSED and ADOPTED this -----day of _____ .2012.
MAYOR
ATTEST:
CITY CLERK
164
EXHIBIT A
SCOPE OF SERVICES
l.-Financings Involving A Public Offering of Debt Securities. The Consultant agrees that upon
request the following services may be performed by the Consultant in consideration of the
compensation in Paragraph 4 of this Exhibit '~A".
• a. Review existing debt structure and financial resources to determine available
borrowing capacity.
b. Evaluate financing mechanisms and assist in the financing component of any such
mechanisms chosen by the City.
c. To be available, upon proper notification, to participate in conference calls,
conferences, with the personnel of the City and other consultants to the City
regarding financing matters.
d. Provide information concerning the structure of financing programs used by other
issuers.
e. Recommend in conjunction with bond counsel, provtswns and covenants to be
contained in bond issues, including, but not limited to bond amounts, maturities,
interest rates, redemption provisions, flow of funds, debt service coverage
requirements, reserve funds, security pledges and conditions relating to the issuance
of additional bonds.
• f. Assist with the preparation of debt service requirements for proposed issues.
~ g. Advise on the use of a negotiated or competitive bid sale for each issue.
h. Coordinate bond closing and transfer of funds.
"' 1. Advise as to the advantages and disadvantages of municipal bond insurance or other
credit. enhancements.
j. Coordinate with and provide the municipal bond rating agencies (and credit
enhancers, if applicable) with information necessary to obtain an appropriate rating
on the bonds.
% k. Advise as to market conditions and recommend the timing of the sale of the bonds.
I. Assist where needed at the time of a competitive sale in checking all bids for
compliance with bid specifications, and make a recommendations as to award of the
bonds in the best interest of the City.
m. Assist, upon request, in selection of the book~running managing underwriter and co-
managing underwriters for negotiated sale of bonds.
11
165
n Advise whether to utilize a selling group.
o. · Assist in negotiating the interest rates proposed by the underwriters for the bonds as
well as the underwriters compensation and expenses on the issue expressed in terms
of the gross underwriters discount.
p. Review the bond purchase agreement and advise as to its acceptance or rejection in
light of market conditions.
q. Assist legal counsel in the preparation an.d distribution of the Official Statement.
r. Arrange for distribution of the Official Statement to bond underwriters and investors
in accordance with the objectives communicated to the Consultant by the City or its
agents or representatives.
s. Assist, at bond closing, and coordinate printing, signing and delivery of bonds,
including receipt oftranscript, bond printing, CUSIP numbers and delivery of bonds.
2. Financings Not Involving a Public Offering of Debt Securities. The Consultant agrees that
upon request the following services may be performed by the Consultant (in addition to the services
previously described) in consideration ofthe compensation in Paragraph 4 of this Exhibit "A".
a. Assist in the selection of a financing vehicle, including but not limited to, private
placement of debt, participation in pooled loan programs, short term borrowing
programs, bank loans, tax anticipation notes, certificates of participation, and revenue
anticipation notes or other alternative financial products, including but not. limited to
interest rate swaps, caps or collars and investment of bond proceeds.
b. In conjunction with City's legal counsel, assist in the preparation of private
placement memorandums, loan applications, or other information related to the
financing.
3. ~ervices Not Involving Specific Financings. The Consultant agrees that upon request the
following services may be performed by the Consultant in consideration of the compensation in
Paragraph 4 of this Exhibit "A".
a. Attend meetings related to the City's business as requested.
b. Prepare debt capacity reports and other requested services, such as periodic rating
agency updates and other special studies as directed by the City.
4. Compensation. The Consultant shall be compensated; for all work performed, for the City
pursuant to Paragraphs 1, 2, and 3 of this Exhibit "A" as follows: 13
a. The Consultant shall be paid the following hourly rates for all time expended by its
personnel for specific projects requested in writing by the City, as follows:
Managing Director and Director
Vice President
12
166
$225 per hour
$200 per hour
Associate Vice President and
Financial Analyst
Support Staff
$150 per hour
no charge
Altematively, the City may wish to negotiate a fixed price for such special projects.
The City and the Consultant acknowledge that there will be special projects for which
the services of the Consultant may be requested whieh are not appropriately
compensated for on an hourly rate and which do not result in the issuance of bonds as
more specifically referenced below. Fees for these special services shall be negotiated
on a case by case basis and shall be agreed to in writing by both parties.
b. In connection with the issuance of debt, the Consultant sh~:dl be paid at closing in
accordance with the following schedule with a minimum fee of $15,000 per
transaction:
Par Amount of Bonds Issued
First $0 -$50,000,000
$50,000,000 -$I 00,000,000
$100,000,000-and more
Fee Per $1,000
$1.25
$1.00
$0.75
There shall be a surcharge of $5,000 for competitive sales and/or refundings.
c. In the capacity of placement and/or pricing agent of interest rate swaps or other
derivative products, Consultant will charge a fee of five basis points (0.05%) of the
weighted average balance to be swapped each year, discounted at a taxable yield,
with a cap to be negotiated on each transaction reflecting the complexity and risk
associated with such transactions. For the reinvestment of bond proceeds Consultant
will charge a fee of 3 basis points computed on the same basis as described in the
previous sentence.
d. For the preparation of the bid solicitation and review of bids received for securities to
be purchased for escrow accounts, guaranteed investment agreements and other
investments, the Consultant shall be paid a Placement Fee of five basis points
(0.05%) of the weighted average balance to be invested each year of the agreement,
discounted at a taxable yield by the Agreement Provider on behalf of the City.
e. For conduit financings proposed to be issued through the City, the Consultant
shall be paid on the same fee schedule as set forth above in paragraph (b) by the
Borrower. In the event that no bonds are actually issued, the Consultant shall receive
a fee from the Borrower, such fee subject to negotiation between the Consultant and
the Borrower, but in no event less than the dollar amount for the hours expended on
the project to compensate the Consultant for the preparation and presentation to the
City of a report analyzing the credit, the proposed marketing plan, and analyzing the
City's protection from any risk of default on the financing and making a
recommendation regarding the issuance of the proposed bonds.
13
167
f. The Consultant shall be reimbursed for all out·of-pocket expenses. Travel expense
reimbursement shall comply with the City's polley for reimbursement of City
employees.
5. Other Services. The City agrees that the following category of services, or other
services not enumerated herein, when requested in writing to be performed by the Consultant shall be
compensated in a mutually agreed upon manner con finned in writing by both parties.
a. Assisting with validation proceedings and/or testifying as an expert witness with respect to
offeFings.
b. Providing secondary market disclosure services upon request in compliance with Rule
15e(2H 2 of' the Securities and Exchange Commission.
c. Participating in the development of a financial plan for the City's capital improvements
pPogram.
d. Advice on various budget and funding matters not specifically related to the offer of
seeuritles or other flnancings referenced in Paragraphs 1 and 2 of this Exhibit.
6. Th~ parties acknowledge that if the Consultant sells securities for investment
programs to the City such sale is in the Consultant's role as a bmker/dealer and as principal and the
City acknowledges that a mark·up will be charged on the sale, which markup shall be disclosed to
the City.
7. Richard Montalbano, Managing Director, will be the primary banker for the
Consultant for all work performed herewith. Sonya Little, Vice President, will provide project
support for all work performed herewith. Other professionals will perform services as directed by
Richard Montalbano. Neither Richard Montalbano nor Sonya Little may be removed from this
position without City's written approval.
8. The Consultant shall be entitled to the reimbursement of expenses associated with all
servle~s eontempltlted herein in full.
9. The parties acknowledge that the Consultant may have ongoing business
relationships with other investment banking firms and financial advisors, including firms doing
business with the City. 15
10. This Exhibit does not govern, nor does it prohibit the Consultant from serving in
othc.\lr roles, suck as investing funds as a broker/dealer, selling securities to the City as principal or
other activities.
14
168
COMMISSION ITEM SUMMARY
Condensed Title:
Request for approval to exercise the first renewal option with Paper Solutions, Inc. (D/B/A Partek
Solutions), and Print Media Corporation, pursuant to Invitation To Bid (ITB) No. 27-09/10, for the
purchase and delivery of multi-space parking pay station receipt paper, in the estimated annual
amount of $75,000.
orted:
Issue: I Shall the Commission renew the Contracts?
Item Summary/Recommendation:
Invitation to Bid No. 27-09/10 (the "Bid") was issued on March 15, 2010 to establish a contract(s), by
means of sealed bids, for the supply and delivery of multi-space parking pay station receipt paper, on
an as needed basis, from a source(s) of supply that will give prompt and efficient service.
On June 9, 2010, the City Commission approved the award of contracts to Paper Solutions Inc. (D/B/A
ParTek Solutions) and Print Media Corporation. The contract(s) were to remain in effect for two (2)
years commencing on June 24, 2010, with the option to be extended for an additional two (2) years, on
a year to year basis, upon mutual agreement.
This funding to be requested in FY13 from Parking Operations Fund Account No. 480-0462-000343.
At this time the Administration would like to exercise its first one (1) year renewal option.
APPROVE THE RENEWAL OF CONTRACTS
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount Account Approved
Funds: Parking Operations Fund Account
1 $75,000 No. 480-0462-000343 (FY13)
.is. OBPir Total $75,000
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Saul Frances, Parking
Si n-Offs:
Department Director Assistant City Manager
JMG
tD MIAMI BEACH .., AGENDA ITEM _C_7_G-_
DATE 6 .... 6-/2...
169
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: June 6, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, TO EXERCISE THE FIRST RENEWAL
OPTION WITH PAPER SOLUTIONS, INC. (D/B/A PARTEK SOLUTIONS),
AND PRINT MEDIA CORPORATION, PURSUANT TO INVITATION TO BID
(ITB) NO. 27-09/10, FOR THE PURCHASE AND DELIVERY OF MULTI-
SPACE PARKING PAY STATION RECEIPT PAPER, IN THE ESTIMATED
ANNUAL AMOUNT OF $75,000.
ADMINISTRATION RECOMMENDATION
Approve the renewal of the contracts.
FUNDING
$ 75,000 This funding to be requested in FY13 from Parking Operations Fund
Account No. 480-0462-000343
KEY INTENDED OUTCOME SUPPORTED
Improve parking availability
ANALYSIS
Invitation to Bid No. 27-09/10 (the "Bid") was issued on March 15, 2010 to establish a
contract(s), by means of sealed bids, for the supply and delivery of multi-space parking
pay station receipt paper, on an as needed basis, from a source(s) of supply that will
give prompt and efficient service.
On June 9, 2010, the City Commission approved the award of contracts to Paper
Solutions Inc. (D/B/A ParTek Solutions) and Print Media Corporation. The contract(s)
were to remain in effect for two (2) years commencing on June 24, 201 0, with the option
to be extended for an additional two (2) years, on a year to year basis, upon mutual
agreement.
At this time the Administration would like to exercise its first one (1) year renewal option.
CONCLUSION
The Administration recommends that the Mayor and City Commission renew the
contracts to Paper Solutions D/B/A ParTek Solutions and Print Media, Inc. pursuant to
Invitation to Bid (ITB) No. 27-09/10, in the estimated annual amount of $75,000.
(
JMG/JGG/SF/rar
T:\AGENDA\2012\6-6-12\ITB-27-09-10 Pay Station Paper Memo RENEW.doc
170
RESOLUTION TO BE SUBMITTED
171
THIS PAGE INTENTIONALLY LEFT BLANK
172
C7 -Resolutions
C7H A Resolution Accepting The Recommendation Of The City Manager To Reject All
Proposals Received Pursuant To Request For Proposals No. 23-11/12 To Provide
Security Guard Services (The RFP) And, In The Alternative, Retroactively Approving
The Third Renewal Term Of Security Alliance's Current Contract For Security Guard
Services, Dated April 2, 2007, With Such Third Renewal Term Being Effective As Of
May 1, 2012, To April 30, 2013; And Further Authorizing The Issuance Of A New
Request For Proposals (RFP) For Security Guard Services, At Least Six (6) Months
Prior To Contract Expiration (Or October 1, 2012).
(Parking/Police/Procurement)
(Memorandum & Resolution to be Submitted in Supplemental)
173
Agenda Item C 7 H
Date b-6-J z..
THIS PAGE INTENTIONALLY LEFT BLANK
174
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach, Florida authorizing the Mayor,
or his designee, and the City Clerk to execute a Mutual Aid Agreement with the City of Miami, Florida, for
the purpose of coordinating law enforcement planning, operations, and mutual aid benefit between the City
of Miami Beach and the City of Miami.
Key Intended Outcome Supported:
Maintain crime rates at or below national trends.
Supporting Data (Surveys, Environmental Scan, etc.): Safety was ranked number one by residents
as one of the factors tht will make Miami Beach a better place; safety across the City was one of the
most important areas affecting the quality of life; and 78% of Miami Beach residents rated the quality of
services provided by Miami Beach Police Department as excellent or good.
Issue:
Shall the City of Miami Beach execute a Mutual Aid Agreement with the City of Miami that will allow for the
sharing of law enforcement resources and the rendering of assistance both during routine and intensive
law enforcement situations?
Item Summary/Recommendation:
The Administration recommends the adoption of this resolution that will allow for the sharing of law
enforcement resources and the rendering of assistance both during routine and intensive law enforcement
situations. The City of Miami Beach and the City of Miami, because of the existing and continuing
possibility of the occurrence of law enforcement problems and other natural and man-made conditions
which are or are likely to be beyond the control of personnel, equipment or facilities of the Miami Beach
Police Department or the City of Miami believe that it is beneficial for each to participate in a Mutual Aid
Agreement as authorized by Chapter 23, Florida Statutes.
Advisory Board Recommendation:
Financial Information:
Source of Amount
Funds: 1
D 2
3
OBPI Total
Financial Impact Summary:
Ci~G4frk's Office Legislative Tracking:
· AV'Irdl'(ae'l Gruen, Miami Beach Police Department
Si n-Offs:
Assistant City Manager
MIAMI BEACH 175
Account
City Manager
AGENDA ITEM _C,:-7___;I:___
DATE ~-6-/Z...
(9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miamibeachfl.gov
MEMO#
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager r.£
June 6, 2012
A RESOLUTION OF THE MAY RAND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE CITY
MANAGER, AND CITY CLERK TO EXECUTE A VOLUNTARY
COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID
AGREEMENT WITH THE CITY OF MIAMI, FLORIDA FOR THE
PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING,
OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN THE CITY OF
MIAMI BEACH AND THE CITY OF MIAMI, FLORIDA.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
ANALYSIS
The City of Miami Beach and the City of Miami, because of existing and continuing
possibility of the occurrence of law enforcement problems and other natural and man-
made conditions which are or are likely to be beyond the control, personnel, equipment
or facilities of the Miami Beach Police Department or the Miami Police Departments
believe that is beneficial for each to participate in a Mutual Aid Agreement as authorized
by Chapter 23, Florida Statutes.
The Mutual Aid Agreement will allow for the sharing of law enforcement resources and
the rendering of assistance both during routine and intensive law enforcement situations.
CONCLUSION
It is recommended that the Mayor and City Commission adopt this Resolution and
authorize the signing of the Mutual Aid Agreement that will allow for the sharing of law
enforce en esources.
176
RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE CITY
MANAGER, AND CITY CLERK TO EXECUTE A VOLUNTARY
COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID
AGREEMENT WITH THE CITY OF MIAMI, FLORIDA, FOR THE
PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING,
OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN THE CITY OF
MIAMI BEACH AND THE CITY OF MIAMI, FLORIDA.
WHEREAS, it is the responsibility of the respective governments of the City of Miami
Beach and the City of Miami, Florida to ensure the public safety of their citizens by providing
adequate levels of police service to address any foreseeable routine or emergency situation;
and
WHEREAS, the existence of, and continuing possibility that there may be the
occurrence of law enforcement problems, and other natural and man-made conditions which
are, or are likely to be, beyond the control of services, personnel, equipment, or facilities of the
City of Miami Beach Police Department and the City of Miami Police Department; and
WHEREAS, it is necessary to ensure that these law enforcement agencies will have
adequate resources to address any and all of these conditions, to protect the public peace and
safety, and to preserve the lives and property of the people of the City of Miami Beach and the
City of Miami, Florida; and
WHEREAS, the City of Miami Beach, Florida and the City of Miami, Florida have the
authority under Chapter 23 of the Florida Statutes, known as the "Florida Mutual Aid Act," to
enter into the attached Voluntary Cooperation and Operational Assistance Mutual Aid
Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby authorize the City
Manager and the City Clerk to execute a Voluntary Cooperation and Operational Assistance
Mutual Aid Agreement with the City of Miami, Florida, for the purpose of coordinating law
enforcement planning, operations, and mutual aid benefit between the City of Miami Beach and
the City of Miami, Florida.
PASSED and ADOPTED this ____ day of June, 2012.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
177
MATTI HERRERA BOWER
MAYOR
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178
C7 -Resolutions
C7J A Resolution Authorizing The City Manager Or His Designee And City Clerk To Execute
A Vehicle Purchase And Sales Agreement Between The City Of Miami Beach, On
Behalf Of The Miami Beach Police Department, And Brink's, Inc. For The Purchase Of
An Armored Vehicle In The Amount Of $1 0.00; Further Establishing An Amount Of
$10,664 For The Conversion Of The Armored Vehicle, And Setting Forth The Annual
Expense Of $4,235 For The Maintenance Of The Armored Vehicle; And Directing The
Fleet Department To Acknowledge The Inclusion Of The Armored Vehicle Within The
City Of Miami Beach's Fleet Of Vehicles.
(Police Department/Fleet Management)
(Memorandum & Resolution to be Submitted in Supplemental}
179
Agenda Item C 7 .T
Date b-G -12-
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180
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Accepting the
Recommendation of the City Manager Pertaining to the Ranking of Firms, Pursuant to Request for
Qualifications (RFQ) NO. 24-11/12, for Citywide Surveying, Topographical, and Mapping Services on an
As-Needed Basis; Authorizing the Mayor and City Clerk to Execute Agreements upon Completion of
Successful Negotiations with the Five Top-Ranked Proposers: Atkins North America, Inc., F.R. Aleman
& Associates, Inc., Manuel G. Vera & Associates, Inc., Miller Legg, and Woolpert, Inc.; and Further
Authorizing the Mayor and City Clerk to Execute an Agreement upon Conclusion of Successful
Negotiations by the Administration.
Key Intended Outcome Supported:
Ensure well-maintained infrastructure
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey
indicated that 79% of businesses rated recently completed capital improvement projects as "excellent"
or "good."
Issue:
I Shall the Mayor and City Commission Adopt The Resolution?
Item Summary/Recommendation:
The City of Miami Beach is required to have current boundary and topographical surveys for the projects
in the Capital Improvement Program as well as right-of-way improvement projects for Public Works
Department. The ability to have a rotating list of Surveyors available to update, and prepare boundary
and/or topographical surveys for Capital Improvement Projects(CIP) and Public Works would enable the
City to plan projects in an expedited manner. It is the intent of the City of Miami Beach to select several
firms under this RFQ, which will be contacted on an as-needed basis. This contract shall remain in
effect for three (3) years from the date of contract execution by the Mayor and City Clerk and two (2),
one (1) year renewal options at the sole discretion of the City Manager.
On January 11, 2012, the Mayor and City Commission approved the issuance of Request for
Qualifications (RFQ) No. 24-11/12, for Citywide surveying, topographical, and mapping services on an
as-needed basis. RFQ No. 24-11/12 was issued on January 12, 2012, with an opening date of
February 15, 2012. A pre-qualifications conference to provide information to the proposers submitting a
response was held on January 18, 2012. BidNet issued bid notices to 91 prospective proposers which
resulted in the receipt of sixteen (16) proposals.
On May 15, 2012, the City Manager via Letter to Commission (LTC) No. 134-2012, appointed an
Evaluation Committee which met on May 24, 2012, to review and discuss the proposals received. Prior
to scoring and ranking the proposals, the Committee unanimously agreed to select the top five ranked
firms. A motion was presented by Bert Dorrestyn, seconded by Dwight Kraai, and approved by all
Committee members to recommend entering into negotiations with the top five ranked firms: Atkins
North America, Inc., F.R. Aleman & Associates, Inc., Manuel G. Vera & Associates, Inc., Miller Legg,
and Woolpert, Inc.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount
Funds: 1 N/A
MIAMI BEACH 181
Account
AGENDA ITEM _C-:-7.:...,-J.<.. __
DATE w-b-/ 'L
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager d
June 6, 2012 ~ ·
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO
REQUEST FOR QUALIFICATIONS (RFQ) NO. 24-11/12, FOR CITYWIDE
SURVEYING, TOPOGRAPHICAL, AND MAPPING SERVICES ON AN AS-
NEEDED BASIS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AGREEMENTS UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS WITH
THE FIVE TOP-RANKED PROPOSERS: ATKINS NORTH AMERICA, INC., F.R.
ALEMAN & ASSOCIATES, INC., MANUEL G. VERA & ASSOCIATES, INC.,
MILLER LEGG, AND WOOLPERT, INC.; AND FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION
OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure well-maintained infrastructure.
ANALYSIS
The City of Miami Beach is required to have current boundary and topographical surveys for
the projects in the Capital Improvement Program as well as right-of-way improvement projects
for Public Works Department. The ability to have a rotating list of Surveyors available to
update, and prepare boundary and/or topographical surveys for Capital Improvement Projects
(CIP) and Public Works would enable the City to plan projects in an expedited manner.
All survey work prepared for the City or through the City's Consultants shall comply with the
Minimum Technical Standards for Land Surveys in the State of Florida for work in
commercial/high risk areas and any applicable state laws, regulations or other requirements.
All field data is to be collected in digital form (GPS, Total Station, etc.) and reference recorded
in field books. The digital data shall be post processed and delivered to the City as specified
herein.
All surveying work shall be conducted under the supervision of a Professional Surveyor and
Mapper licensed in the State of Florida. The surveyor or his designee shall furnish and
maintain, at his own expense, stakes and other such material, including qualified helpers
during field survey activities.
182
Commission Memorandum-RFQ # 24-11-12 for Surveying, Topographical, & Mapping Services
June 6, 2012
Page2
SCOPE OF SERVICES
• Preliminary Engineering Surveys: This type of work shall include establishing
benchmarks, horizontal control utilizing existing right:..of-way, locating all improvements
and culture, measuring distances and angles, measuring elevations of existing
improvements, and all other required by City of Miami Beach Public Works Department
for Engineering surveys. Miscellaneous office calculations from field work may be
required. All field work shall be kept in a City of Miami Beach field book using standard
note keeping techniques, supplemented with digital data including data collector files,
and .DXF or .DWG format drawings.
• Boundary/Right-Of-Way Surveys/Legal Descriptions: This work shall include
locating all required public land corners, street monumentation, property corners, and
gathering of parcel evidence as required to determine the existing land lines and/or
right-of-way lines. Once the location of the actual boundary or right-of-way lines has
been determined, monuments as required by the Rules and Regulations of the State
Board of Professional Regulation, or Florida Statutes 472, shall be set by the
Consultant at all angle points, points of curvature, block corners, property corners, etc.
In addition to monumenting the actual right-of-way lines, a monument line or centerline,
whichever the case may be, shall also be fully monumented. A Record of Survey shall
be prepared in accordance with all applicable City, County and State regulations and
Statutes, showing the results of the survey. Preparation of legal descriptions for
acquisition or disposal of City property shall be accomplished to all State and local
standards and approved by the City Surveyor.
• Legal Descriptions: The Consultant shall perform any and all Survey work that may
be required to prepare a legal description to be used for any purpose. Any survey work
performed for this function shall be in compliance with the conditions set forth in this
contract.
• Additional Survey Services: The Consultant shall provide additional survey services
such as, but not limited to, engineering, right-of-way, specific purpose surveys,
topographical surveys, general land and aerial photography surveying services, mean
high water line, submerged/filled lands, GPS (Global Positioning System) and GPR
(Ground Penetration Radar) surveys, survey vertical control and elevations referenced
to the North American Vertical Datum of 1988 (NAVD 1988), survey horizontal control
and points referenced to Florida State Plane Coordinates North American Datum
1983/1990 (NAD 83/90), and elevation certificates in conjunction with City's Capital
Improvement Projects program and Public Works Department.
RFQ PROCESS
On January 11, 2012, the Mayor and City Commissiful approved the issuance of Request for
Qualifications (RFQ) No. 24-11/12, for Citywide surveying, topographical, and mapping
services on an as-needed basis. RFQ No. 24-11/12 was issued on January 12, 2012, with an
opening date of February 15, 2012. A pre-qualifications conference to provide information to
the proposers submitting a response was held on January 18, 2012.
BidNet issued bid notices to 91 prospective proposers which resulted in the receipt of the
following sixteen (16) proposals:
183
Commission Memorandum-RFQ # 24-11-12 for Surveying, Topographical, & Mapping Services
June 6, 2012
Page3
• Atkins North America, Inc.
• Avirom & Associates, Inc.
• CALTROP Corp.
• Calvin, Giordano & Associates, Inc.
• Consul-Tech Enterprises, Inc.
• F.R. Aleman & Associates, Inc.
• F.R.S. & Associates, Inc.
• HADONNE Corp.
• J. Bonfill & Associates, Inc.
• Keith & Schnars, P .A.
• Manuel G. Vera & Associates, Inc.
• Miller Legg
• Pillar Consultants, Inc.
• Robayna & Associates, Inc.
• Triangle Surveying and Mapping, Inc.
• Woolpert, Inc.
CALTROP Corp. was disqualified as a result of their surveying team's experience not meeting
the minimum five (5) year requirement set in the RFQ.
EVALUATION PROCESS
On May 15, 2012, the City Manager via Letter to Commission (LTC) No. 134-2012, appointed
an Evaluation Committee (the "Committee") consisting of the following individuals:
• Muayad Abbas -Resident, Leadership Academy Graduate
• Bert Dorrestyn -GIS Manager, Public Works Department
• Dwight Kraai -Resident, Capital Improvements Project Oversight Committee Member
• Michael Phang -Resident, Former Professor and Retired Vice Dean at the University
of Miami College of Engineering
• Deborah Tackett-Senior Planner, Planning Department
Alternate
• Darlene Fernandez, Capital Projects Coordinator, CIP
• Jose Perez, Capital Projects Coordinator, CIP
On May 24, 2012, the Committee convened to review and discuss the proposals and
nominated Bert Dorrestyn as Committee Chair. Committee member Deborah Tackett was
unable to attend, therefore, alternate committee member, Jose Perez, was asked to serve on
this committee. In determining the most qualified firms, the Committee discussed their
individual perceptions of each prospective firm's qualifications, experience, and competence in
order to score and rank each accordingly to develop its recommendation to the City Manager
based on the criteria noted in the RFQ below.
184
Commission Memorandum-RFQ # 24-11-12 for Surveying, Topographical, & Mapping Services
June 6, 2012
Page4
•... §total
;p:oh1ts
20
20
15
10
5
5
5
5
5
5
5
The experience, qualifications and portfolio of the Project Manager, as well
as his/her familiarity with this project and a thorough understanding of the
methodolo and desi n a roach to be used in this assi nment.
Past performance based on quality of the Performance Evaluation Surveys
and the Administration's due dilligence based upon reference checks
erformed of the Firm s clients.
The experience and qualifications of the professional personnel assigned
to the Project Team and their familiarity with this project and a thorough
understanding of the methodology and design approach to be used in this
assi nment.
Willingness to meet time and budget requirements as demonstrated by
ast erformance, methodolo and a roach
Certified minority business enterprise participation. Either the Prime
Consultant or the sub-Consultant team may qualify for proof of certification
for minority business enterprise participation. Accepted minority business
enterprise certifications include the Small Business Administration (SBA),
State of Florida, or Miami-Dade Count .
Location
Recent, current and ro'ected workloads of the firms
The volume of work previously awarded to each firm by the City, with the
object of effecting an equitable distribution of contracts among qualified
firms, provided such distribution does not violate the principle of selection
of the most hi hi ualified firm.
Local Preference -The Evaluation Committee will assign an additional five
(5) points to Proposers, which are, or include as part of their proposal
team, a Miami Beach-based vendor as defined in the City's Local
Preference Ordinance.
Veterans Preference -The Evaluation Committee will assign an additional
five (5) points to Proposers, which are, or include as part of their proposal
team, a small business concern owned and controlled by a veteran(s) or a
service-disabled veteran business enterprise, as defined in the City's
Veterans Preference Ordinance.
Prior to scoring and ranking the proposals, the Committee unanimously agreed to select the
top five ranked firms. The following table provides the scoring and ranking results:
RFQ 24-11/12 Final Ranking Scoring)
Abbas Dorrestyn Kraai Perez Phang Total
F.R. Aleman & Associates, Inc. 2 (78) 1 (78) 4 (57) 1 (81) 2 (90) 10 (384)
Miller Legg 4 (76) 13 (55) 1 (79) 4 (75) 1 (90) 23 (375)
Atkins North America, Inc. 3 (78) 6 (65) 6 (54) 3 (76) 5 (81) 23 (354)
Woolpert, Inc. 6170) 2 (73) 2 (73) 6 (71) 9 (76) 25 (363)
Manuel G. Vera & Associates, Inc. 1 (85) 4 (72) 8 (54) 2 (78) 11 (74) 26 (363)
HADONNE Corp. 5 (74) 9 (67) 3 (60) 10 (69) 3 (83) 30 (353)
Keith & Schnars, P.A. 7 (69) 3 (73) 10 (53) 9 (69) 7 (76) 36 (340)
185
Commission Memorandum-RFQ # 24-11-12 for Surveying, Topographical, & Mapping Services
June 6, 2012
Page 5
Roba na & Associates, Inc.
Calvin, Giordano & Associates, Inc.
Consul-Tech Enter rises, Inc.
Avirom & Associates, Inc.
F.R.S. & Associates, Inc.
Pillar Consultants, Inc.
A motion was presented by Bert Dorrestyn, seconded by Dwight Kraai, and approved by all
Committee members to recommend entering into negotiations with the top five ranked firms:
Atkins North America, Inc., F.R. Aleman & Associates, Inc., Manuel G. Vera & Associates,
Inc., Miller Legg, and Woolpert, Inc.
COMPANY PROFILES
• Atkins North America, Inc. has over 40 years of surveying experience and has been
provide surveying services to South Florida since 1995. Atkins has more than 60
professional surveyors and skilled technicians using the latest technological field
equipment and office hardware/software that greatly enhance the collection of survey
data necessary to accomplish any project needs. They are currently providing resident
project representative services for right-of-way improvements to Neighborhood No. 8,
Central Bayshore (Package A), Lower North Bay Road (Package B), And Lake
Pancoast (Package C), in addition to, providing engineering services to the City on an
as-needed basis.
• F.R. Aleman & Associates, Inc. (FRA) has been providing surveying services in
South Florida since 1987. The FRA Team is comprised of nearly eighty fulltime
professionals utilizing state-of-the-art technology and specializing in engineering,
surveying, and mapping. FRA's survey experience includes both prime and
subconsultant roles on numerous roadway, drainage, design and construction
contracts throughout South Florida for FOOT District 4 & 6, City of Miami, City of Ft.
Lauderdale, Miami-Dade County, Miami Parking Authority, South Florida Water
Management District.
• Manuel G. Vera & Associates, Inc. has been providing surveying services in South
Florida since 1973. Their team consists of over 30 surveyors ranging between 1 0 and
45 years of experience. In addition to performing survey services for FOOT for over 25
years, Manuel G. Vera & Associates, Inc. has also worked for Miami-Dade and Monroe
Counties and the Cities of Miami and Miami Gardens.
•,... Miller Legg has been providing surveying services in Florida for over 46 years and has
" surveyed several major landmarks, such as, the US Federal Courthouse, the American
Airlines Arena, the Performing Arts Center, Bicentennial Park, MacArthur Causeway,
the Deering Estate, Watson Island, the Miami Metromover, and the Miami MetroRail
since 1985. Miller Legg has performed surveying services for the Cities of Miami,
North Miami, North Miami Beach, Coral Gables, Miramar, Hallandale, Orlando,
Sanford, Ocoee, Tavares, St. Cloud, Green Cove Springs, Tampa and the Town of
Davie. Currently, Miller Legg is conducting the Boardwalk II Topographical Study for
the City of Miami Beach and the North Bay Road Drainage Investigation for FOOT.
• Woo/pert, Inc. has been providing surveying services since 1911 and
mapping/photogrammetric services since 1969. Woolpert, Inc. has over 140 surveying
186
Commission Memorandum-RFQ # 24-11-12 for Surveying, Topographical, & Mapping Services
June 6, 2012
Page 6
professionals throughout the country and utilizing the latest technology to conduct its
studies. Locally, Woolpert, Inc. has provided surveys for the Cities of Miami and Fort
Lauderdale, Miami-Dade, Palm Beach, and Monroe/ Counties, FDOT, South Florida
Water Management District, and the Florida Keys Aqueduct Authority.
MANAGER'S DUE DILIGENCE
After considering the review and recommendation of City staff, the City Manager exercised his
due diligence and is recommending that the Mayor and the City Commission authorize
negotiations with the top five ranked firms: Atkins North America, Inc., F.R. Aleman &
Associates, Inc., Manuel G. Vera & Associates, Inc., Miller Legg, and Woolpert, Inc.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accepts the recommendation of the City Manager pertaining to the ranking of
proposals pursuant to Request for Qualifications (RFQ) No. 24-11/12 Citywide Surveying,
Topographical, and Mapping Services on an As-Needed Basis; authorizing negotiations with
the top five ranked firms Atkins North America, Inc., F.R. Aleman & Associates, Inc., Manuel
G. Vera & Associates, Inc., Miller Legg, and Woolpert, Inc.; and further authorizing the Mayor
and City Clerk to execute an agreement upon conclusion of successful negotiations by the
administration.
JMG/DB/FVDM/MR/ME
T:\AGENDA\2012\6-6-12\RFQ 24-11-12-Surveying Services-Memo.doc
187
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER
PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR
QUALIFICATIONS (RFQ) NO. 24-11/12, FOR CITYWIDE SURVEYING,
TOPOGRAPHICAL, AND MAPPING SERVICES ON AN AS-NEEDED BASIS;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON
COMPLETION OF SUCCESSFUL NEGOTIATIONS WITH THE FIVE TOP-RANKED
PROPOSERS: ATKINS NORTH AMERICA, INC., F.R. ALEMAN & ASSOCIATES, INC.,
MANUEL G. VERA & ASSOCIATES, INC., MILLER LEGG, AND WOOLPERT, INC.; AND
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
WHEREAS, on January 11, 2012, the Mayor and City Commission approved the
issuance of Request for Qualifications (RFQ) No. 24-11/12, for Citywide surveying,
topographical, and mapping services on an as-needed basis; and
WHEREAS, the RFQ was issued on January 12, 2012, with an opening date of
February 15, 2012; and
WHEREAS, a pre-qualification meeting to provide information to prospective
proposers was held on January 18, 2012; and
WHEREAS, Bidsync sent notices to 7,772 prospective proposers of which 199
proposers viewed the notice resulting in the receipt of sixteen (16) proposals by Atkins North
America, Inc., Avirom & Associates, Inc., CALTROP Corp., Calvin, Giordano & Associates,
Inc., Consul-Tech Enterprises, Inc., F.R. Aleman & Associates, Inc., F.R.S. & Associates,
Inc., HADONNE Corp., J. Bonfill & Associates, Inc., Keith & Schnars, P.A., Manuel G. Vera
& Associates, Inc., Miller Legg, Pillar Consultants, Inc., Robayna & Associates, Inc., Triangle
Surveying and Mapping, Inc., Woolpert, Inc.
WHEREAS, the City Manager, via a Letter to Commission (LTC) No. 134-2012,
appointed the following individuals as Evaluation Committee (the "Committee") members:
• Muayad Abbas -Resident, Leadership Academy Graduate
• Bert Dorrestyn -GIS Manager, Public Works Department
• Dwight Kraai -Resident, Capital Improvements Project Oversight Committee
Member
• Michael Phang -Resident, Former Professor and Retired Vice Dean at the University
of Miamj. College of Engineering
• Deborah-' Tackett-Senior Planner, Planning Department
with the following individuals also appointed as Committee alternates:
• Darlene Fernandez, Capital Projects Coordinator, CIP
• Jose Perez, Capital Projects Coordinator, CIP
WHEREAS, the Committee convened on May 24, 2012, to discuss their individual
perceptions of each prospective bidder's qualifications, experience, and competence and to
recommend to the City Manager the top five (5) ranked firms: Atkins North America, Inc.,
F.R. Aleman & Associates, Inc., Manuel G. Vera & Associates, Inc., Miller Legg, and
Woolpert, Inc.
188
WHEREAS, after considering the review and recommendation of the Evaluation
Committee, the City Manager exercised his due diligence and carefully considered the
specifics of this RFQ process; and
WHEREAS, as a result, the City Manager recommends to the Mayor and City
Commission that the City enter into negotiations with the top five ranked firms of Atkins North
America, Inc., F.R. Aleman & Associates, Inc., Manuel G. Vera & Associates, Inc., Miller
Legg, and Woolpert, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager, pursuant to Request
for Qualifications (RFQ) No. 24-11/12, for Citywide surveying, topographical, and mapping
services on an as-needed basis; authorizing the Administration to enter into negotiations with
the top five ranked firms of Atkins North America, Inc., F.R. Aleman & Associates, Inc.,
Manuel G. Vera & Associates, Inc., Miller Legg, and Woolpert, Inc.; and further authorizing
the Mayor and City Clerk to execute an agreement upon conclusion of successful
negotiations by the administration.
PASSED AND ADOPTED THIS ___ DAY OF ____ 2012.
ATTEST:
CITY CLERK MAYOR
189
APPROVED AS TO
FORM & LANGUAGE
OR EXECUTION
-
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190
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For
Proposals (RFP) No. 28-11/12 For Emergency Disaster Debris Monitoring Services ; Authorizing The
Administration To Enter Into Negotiations With The Two (2) Top-Ranked Proposers: O'brien's Response
Management Inc And Science Application International Corporation; And Further Authorizing The Mayor And
City ClerkTo Execute Agreements Upon Completion Of Successful Negotiations.
Key Intended Outcome Supported:
Maintain Miami Beach Public Areas & Rights of Ways City Wide. Maintains City's Infrastructure
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue: I Shall the Mayor and City Commission Adopt The Resolution?
Item Summary/Recommendation:
On February 8, 2012, the Mayor and City Commission approved the issuance of Request for Qualifications
(RFQ) No. 28-11/12, for Emergency Disaster Debris Monitoring Services (RFP).
RFQ No. 28-11/12 was issued on February 21, 2012, with an opening date of March 30, 2012. A pre-
proposal conference to provide information to the proposers submitting a response was held on March 1,
2012.
Bid Net issued bid notices to 48 prospective proposers, and 12 additional proposers were notified via e-mail,
which resulted in the receipt of six (6) proposals: CDM Smith Inc; Disaster Operations & Training Inc;
O'Brien's Response Management, Inc ;Science Applications International Corporation (SAIC); CES
Consultants, Inc.; True North Emergency Management, LLC.
On, May 15, 2012, True North Emergency Management, LLC was notified via letter that its proposals was
deemed non responsive because they failed to provide the Revised Cost Proposal, as revised via Addendum
No.1.
On May 1, 2012, the City Manager via Letter to Commission (LTC) No. 1175-2012, appointed an Evaluation
Committee (the "Committee"). The Committee convened on May 24, 2012 to review and discuss the
proposals. The Committee was provided with an overview of the project, information relative to the City's
Cone of Silence Ordinance and the Government Sunshine Law, Performance Evaluation Surveys, and
additional pertinent information from all responsive proposers. Additionally, the Committee listened to ten
(10) minute presentations from each responsive proposer, followed by a 20-minute Question and Answer
session.
A motion was presented by Irene Valines, seconded by Glenn Costales, and unanimously approved by all
Committee members, to recommend entering into negotiations with the two (2) top ranked proposers:
O'Brien's Response Management Inc., and Science Applications International Corporation.
ADOPT THE RESOLUTION
Advisory Board Recommendation:
Financial Information:
Source of Amount
Funds: 1
I I 2
OBPI Total
Financial Impact Summary:
City Clerk's Office legislative Tracking:
t Director
MIAMI BEACH 191
Account
City Manager
JMG
AGENDA ITEM _C_7_L __
DATE 6-6-/'L
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager ~ ~
June 6, 2012 U
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO
REQUEST FOR PROPOSALS (RFP) NO. 28-11/12, FOR EMERGENCY DISASTER
DEBRIS MONITORING SERVICES; AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH THE TWO (2) TOP-RANKED PROPOSERS:
O'BRIEN'S RESPONSE MANAGEMENT INC AND SCIENCE APPLICATION
INTERNATIONAL CORPORATION; AND FURTHER AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AGREEMENTS UPON COMPLETION OF
SUCCESSFUL NEGOTIATIONS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Maintain Miami Beach Public Areas & Rights of Ways City Wide. Maintains City's
Infrastructure.
ANALYSIS
A comprehensive debris management plan is an essential and critical element in the efficient
recovery efforts when a disaster strikes. Emergency crews can only access critical areas of
the City as well as handle emergency health and welfare cases if debris is removed from the
roads and access areas.
The Federal Emergency Management Agency (FEMA) provides public assistance funds for
debris clearance and removal and disposal operations. Eligible applicants include State and
local governments. On August 28, 2005, FEMA determined that the damage in certain areas
of the State of Florida resulting from Hurricane Katrina which occurred on August 24, 2005,
and with Hurricane Wilma shortly after, were sufficient in severity and magnitude to warrant a
major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. §§ 5121-5206 (the Stafford Act).
FEMA was authorized to provide assistance for debris removal and emergency protective
measures (Categories A and B) under the Public Assistance program, in the designated
Florida disaster areas, Hazard Mitigation throughout the State, and any other forms of
assistance under the Stafford Act to be deemed appropriate. Direct Federal assistance was
authorized and Miami-Dade County as well as the City of Miami Beach was eligible for
assistance for Debris Removal services.
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Commission Memorandum -RFP # 28-11-12 Debris Monitoring Services
June 6, 2012
Page2
In order for the City of Miami Beach to receive assistance for disaster debris removal the City
must implement a debris removal monitoring service. This service is provided by independent
consultants that are selected by the City to provide this service. Monitoring of debris removal
and disposal contractor activities is a critical component in successful debris operations and in
the justification and documentation of any application for FEMA Public Assistance funding.
The responsibility of these Consultants will be to deploy trained debris monitors to observe
and document contractor activities. At a minimum these monitors should be stationed at all
pick-up and disposal sites.
The City currently has contracts with the following four companies for the provision of these
services: CRB Environmental, Malcolm Pirnie, Beck, Inc and COM. The current contracts are
schedule to expire on September 1, 2012 and have two (2) additional options for renewal. The
resulting contracts will be in effect for the beginning of Hurricane Season, June 15 \ 2012.
SCOPE OF SERVICES
To provide Disaster Debris Monitoring Services in the City of Miami Beach. To perform these
services, the Consultant shall:
• Conduct post-storm debris quantifications and response operations planning
• Monitor multiple contractors, at the direction of the City
• Certify contractor vehicles and complete safety checklists
• Issue and sign multipart load tickets from field monitored positions
• Conduct staging area monitoring to include validating truck haul quantities signing lead
tickets and ensuring trucks are empty on departure
• Implement and maintain a disaster debris operations management system linking load
ticket and Temporary Debris Management Site (TOMS) information to support
reconciliation and documentation
• Troubleshoot collection delays and other operational issues in work areas
• Provide daily and weekly updates to the City
• Conduct final inspections, monitor TOMS restoration and deliver closeout reports
• Perform other related assignments as directed by the debris management office or
designated City personnel
Note: Payment(s) for such services must not exceed reasonable limits acceptable to FEMA.
The term of contract will be for three (3) years with the sole option and discretion of the City to
renew for two (2) additional one (1) year periods.
RFQPROCESS
On February 8, 2012, the Mayor and City Commission approved the issuance of Request for
Qualifications (RFQ) No. 28-11/12, for Emergency Disaster Debris Monitoring Services (RFP).
RFQ No. 28-11/12 was issued on February 21, 2012, with an opening date of March 30, 2012.
A pre-proposal conference to provide information to the proposers submitting a response was
held on March 1, 2012.
BidNet issued bid notices to 48 prospective proposers, and 12 additional proposers were
notified via e-mail, which resulted in the receipt of the following six (6) proposals:
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Commission Memorandum -RFP # 28-11-12 Debris Monitoring Services
June 6, 2012
Page3
1. COM Smith Inc
2. Disaster Operations & Training Inc
3. O'Brien's Response Management, Inc
4. Science Applications International Corporation (SAl C)
5. CES Consultants, inc
6. True North Emergency Management, LLC
On, May 15, 2012, True North Emergency Management, LLC was notified via letter that its
proposals was deemed non responsive because they failed to provide the Revised Cost
Proposal, as revised via Addendum No. 1.
On May 1, 2012, the City Manager via Letter to Commission (LTC) No. 1175-2012, appointed
an Evaluation Committee (the "Committee") consisting of the following individuals:
• Mark Wohl, Resident and Leadership Academy Graduate;
• George Ruiz, Assistant Director, Sanitation Division;
• Jim Sutter, Internal Auditor, OBPI Department;
• Irene Valines, Resident and Leadership Academy Graduate;
• Glenn Costales, Resident and Leadership Academy Graduate; and
Alternates
• AI Zamora, Director, Sanitation Division.
• Pietro Tondini, Resident and Leadership Academy Graduate
The Committee convened on May 24, 2012 to review and discuss the proposals. The
Committee nominated Mark Wohl as Committee Chair. The Committee was provided with an
overview of the project, information relative to the City's Cone of Silence Ordinance and the
Government Sunshine Law. The Committee was also provided with general information on the
scope of services, Performance Evaluation Surveys, and additional pertinent information from
all responsive proposers. Additionally, the Committee listened to ten (10) minute presentations
from each responsive proposer, followed by a 20-minute Question and Answer session.
The Committee was instructed to score and rank each proposal pursuant to the evaluation
criteria established in the RFP, which was as follows:
Evaluation Criteria/Factors:
The experience and qualifications of the Consultant
The experience and qualifications of the Key Personnel
Cost
Methodology and Approach.
Plan for ensuring quality of work
Past performance Evaluation Surveys
Weight
15 points
25 points
30 points
10 points
10 points
10 points
Additional points, over the aforementioned potential points were allocated, if applicable and in
accordance to following ordinances. Please note that these points are already accounted for in
the ranking of firms table:
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Commission Memorandum-RFP # 28-11-12 Debris Monitoring Services
June 6, 2012
Page4
LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to
Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor
as defined in the City's Local Preference Ordinance.
VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5)
points to Proposers, which are, or include as part of their proposal team, a small business
concern owned and controlled by a veteran( s) or a service-disabled veteran business
enterprise, as defined in the City's Veterans Preference Ordinance.
The Committee discussed its individual perceptions of the proposers' qualifications,
experience, and competence, and further scored and ranked the proposers accordingly. The
Committee's final rankings are as follows:
FINAL RANKINGS
A motion was presented by Irene Valines, seconded by Glenn Costales, and unanimously
approved by all Committee members, to recommend entering into negotiations with the two (2)
top ranked proposers: O'Brien's Response Management Inc., and Science Applications
International Corporation.
COMPANY'S PROFILE
O'Brien's Response Management Inc
O'Brien's was incorporated in June 15, 1983, in the State of Louisiana and change its name on
January 1, 2009. O'Brien's has established offices in Florida (Fort Lauderdale and
Tallahassee), Louisiana, Texas, New Jersey, Alaska, and California, staffed with experienced
and trained disaster recovery and debris management professionals, and equipped with rapid
response Mobile Command Posts. 0' Brien's government services headquarter is in Four
Lauderdale.
O'Brien's has designed and developed its own proprietary state of the art electronic, paperless
load ticket and data management system which uses hand held units with smart cards to
replace the load tickets. The system automates and streamlines data management, GIS
applications, reporting and invoice reconciliation while reducing the risk of fraud and error.
Even if the City chooses to use standard paper load tickets, the system yields real-time results
and accurate reporting.
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Commission Memorandum -RFP # 28-11-12 Debris Monitoring Services
June 6, 2012
PageS
O'Brien's has successfully completed many large and complex debris monitoring projects in
Florida, Louisiana, Massachusetts, North Carolina, Kentucky, Oklahoma, Arkansas and
Georgia. 0' Brien's has extensive experience with FEMA anq FHWA disaster recovery funding
programs. As the primary disaster recovery and federal grants management consultant to both
the Florida Division of Emergency Management and the Florida Department of Transportation,
they assisted over one thousand public assistance applicants with federal grant.
This project will be managed from the Fort Lauderdale office with 26 full time O'Brien's
employees and their parent firm, SEACOR Holdings. The authorized principal contact is Steve
Brahnam, Rear Admiral (retired), United States Coast Guard and Chuck Brannon, the vice
president of the debris services and will act as the principal manager.
Science Applications International Corporation (SAIC)
SAIC has significant experience with federal, state, and local emergency agencies and
programs as well as funding sources and reimbursement procedures. SAIC has worked very
closely with FEMA and FHWA staff in the determination of debris eligibility, data requirements,
project worksheet/detailed damage inspection report development, auditing of lad ticket
information, and reimbursements. SAIC has provided step-by-step assistance to clients
throughout the FEMA reimbursement process.
SAIC's BDR Division has been providing disaster management recovery and reimbursement
services to local government clients throughout the United States for over 20 years. Since
2004. SAIC has managed the recovery of 63 million cubic yards of debris on behalf of over
200 public sector clients, resulting in excess of $3 billion in reimbursable costs to their clients
from FEMA and FHW A.
SAIC maintains an experienced staff of over 70 full time, fully dedicated disaster recovery
experts, affording SAIC the flexibility and resource to stage a full-scale mobilization in the City
of Miami Beach within hours of a disaster.
Over the past two (2) years, SAIC has invested nearly $2 million in improving the data
management system and reporting processes to ensure that accurate reports are provided
quickly. The investment has been made in the mobile command center, automated ticketing
technology, geographic information system (GIS) tracking tools for roads and canals, and
hauler invoice reconciliation software.
SAIC has assisted numerous clients in preparing for and responding to major disaster events,
including Miami-Dade County, City of Miramar, City of Naples, City of Daytona Beach, City of
Doral, City of Galveston, City of Houston, New Orleans, Cedar Rapid, Nashville, Dare County,
and State of Connecticut.
Joining SAIC is A.D.A Engineering, Inc, founded in 1981 and provides consulting, engineering,
planning, and construction management services.
SAIC is proposing Dan Brewster as Project Manager with over eight (8) years of experience in
debris program management operation, and Simon Carlyle as principal in charge, who is
experienced in all aspects of disaster debris program management operations and has been
involved in debris removal operations throughout Florida, Texas, Mississippi, Louisiana,
Massachusetts, and New York.
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Commission Memorandum-RFP # 28-11-12 Debris Monitoring Services
June 6, 2012
Page6
MANAGER'S DUE DILIGENCE
After considering the review and recommendation of City staff, the City Manager exercised his
due diligence and is recommending that the Mayor and the City Commission authorize the
Administration to enter into negotiations with the two (2) top-ranked proposers: O'Brien's
Response Management, Inc, and Science Applications International Corporation.; and further
authorize the Mayor and City Clerk to execute agreements upon completion of successful
negotiations.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accepts the recommendation of the City Manager pertaining to the ranking of
proposals pursuant to Request for Proposals (RFP) No. 28-11/12 for Emergency Disaster
Debris Monitoring Services; authorizing the Administration to enter into negotiations with the
two (2) top-ranked proposers: O'Brien's Response Management, Inc, and Science
Applications International Corporation; and further authorizing the Mayor and City Clerk to
execute agreements upon completion of successful negotiations.
T:\AGENDA\2012\6-6-12\RFQ-28-11-12 Disaster Recovery Monitoring Services -Memo Final.doc
197
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS,
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 28-11/12, FOR
EMERGENCY DISASTER DEBRIS MONITORING SERVICES;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH THE TWO (2) TOP-RANKED PROPOSERS: O'BRIEN'S RESPONSE
MANAGEMENT INC AND SCIENCE APPLICATION INTERNATIONAL
CORPORATION; AND FURTHER AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AGREEMENTS UPON COMPLETION OF
SUCCESSFUL NEGOTIATIONS
WHEREAS, on February 8, 2012, the Mayor and City Commission approved the
issuance of Request for Proposals (RFP) No. 28-11/12, for Emergency Disaster Debris
Monitoring Services (the RFP); and
WHEREAS, RFP No. 28-11/12 was issued on February 21, 2012, with an opening
date of March 30, 2012; and
WHEREAS, a pre-proposal conference to provide information to proposers was held
on March 1, 2012; and
WHEREAS, BidNet issued bid notices to 48 prospective proposers, and 12
additional proposers were notified via e-mail which resulted in the receipt of six (6)
proposals; and
WHEREAS, on May 15, 2012, True North Emergency Management, LLC was
notified via letter that its proposals was deemed non responsive because they failed to
provide the Revised Cost Proposal, as revised via Addendum No. 1; and
WHEREAS, on May 1, 2012, the City Manager via Letter to Commission (LTC) No.
1175-2012, appointed an Evaluation Committee (the "Committee") consisting of the following
individuals:
• Mark Wohl, Resident and Leadership Academy Graduate;
• George Ruiz, Assistant Director, Sanitation Division;
• Jim Sutter, Internal Auditor, OBPI Department;
• Irene Valines, Resident and Leadership Academy Graduate;
• Glenn Costales, Resident and Leadership Academy Graduate; and
Alternates
• AI Zamora, Director, Sanitation Division;
• Pietro Tondini, Resident and Leadership Academy Graduate; and
198
WHEREAS, the Committee convened on May 24, 2012 to review and discuss the
proposals and was also provided with an overview of the project, information relative to the
City's Cone of Silence Ordinance and the Government Sunshine Law, general information
on the scope of services, Performance Evaluation Surveys, and additional pertinent
information from all responsive proposers; and
WHEREAS, the Committee listened to ten (1 0) minute presentations from each
responsive proposer, followed by a 20-minute Question and Answer session; and
WHEREAS, the Committee discussed its individual perceptions of the proposers'
qualifications, experience, and competence, and ranked the proposers accordingly; and
WHEREAS, a motion was presented by Irene Valines, seconded by Glenn Costales,
and unanimously approved by all Committee members, to recommend entering into
negotiations with the two (2) top ranked proposers: O'Brien's Response Management Inc.,
and Science Applications International Corporation; and
WHEREAS, after considering the recommendation of the Committee, the City
Manager exercised his due diligence and concurs with the Committee's recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
accept the recommendation of the City Manager pursuant to Request for Proposals (RFP)
No. 28-11/12, for Emergency Disaster Debris Monitoring Services; authorize negotiations
with the two (2) top ranked firms: O'Brien's Response Management Inc., and Science
Applications International Corporation; and further authorize the Mayor and City Clerks to
execute agreements upon completion of successful negotiations by the Administration.
PASSED AND ADOPTED THIS ___ DAY OF ____ .2012.
ATTEST:
CITY CLERK MAYOR
T:\AGENDA\2012\6-6-12\RFQ-28-11-12 Disaster Recovery Monitoring-RESO.doc
199
APPROVED AS TO
FORM & LANGUAGE
&F CUTION
5 -;v .;\ t.-
Date
THIS PAGE INTENTIONALLY LEFT BLANK
200
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting The City Manager's Recommendation Pertaining To The Ranking of Firms For
Disaster Recovery Services, Authorizing The Administration To Enter Into Negotiations, And Authorizing
The Mayor And City Clerk To Execute Agreements, And Further Approving The Renewal Of Existing
Contracts Until Negotiations Are Complete And New Contracts Are Executed.
Wide. Maintains Cit 's Infrastructure.
Item Summary/Recommendation:
In the event of an emergency, such as a hurricane, the City would lack sufficient resources to undertake
debris recovery operations. While assistance is available from the County, State and Federal
governments, it is not sufficient to restore a community that has suffered a catastrophic disaster. Also, the
resources of the various governments are spread thin over the affected areas, necessitating contracted
private sector assistance. It is in the City's best interest to enter into agreements with firms that have the
capability and flexibility to provide disaster recovery services in the event of a declared emergency that is
of the magnitude to utilize said professional services.
In order to ensure that there is no interruption in the services, the Administration recommends that, as part
of the action taken with this Resolution, the City Commission approve the second one (1) year renewal
option under the City's contracts with AshBritt, Inc.; Ceres Environmental Services, Inc.; Phillips & Jordan,
Inc.; and CrowderGulf Joint Venture, Inc. Therefore, the City can keep these contracts and the services in
place during the negotiations of the new contracts. Once the new contracts have been successfully
negotiated and executed, the existing contracts can be terminated for convenience.
RFP No. 27-11/12 was issued on February 24, 2012 which resulted in the receipt of eleven (11) proposals.
On May 21, 2012, the City Manager via Letter to Commission No. 140-2012 appointed an Evaluation
Committee. The Committee convened on May 29, 2012, and reviewed, scored and ranked the proposals
based on the published evaluation criteria. The Committee ranked Ceres Environmental Services, Inc.;
AshBritt, Inc.; TAG Grinding Services, Inc.; Byrd Brothers Emergency Services, LLC; D&J Enterprises,
Inc; and Phillips & Jordan, Inc. as the top-ranked proposers.
IT IS RECOMMENDED THAT THE MAYOR AND COMMISSION ADOPT THE RESOLUTION
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount Account
Funds:
1
OBPI 2
-Total
Financial Impact Summary: N/A
islative Trackin :
C9 MIAMIBEACH
201
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachH.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager ~
June 6, 2012 0 U
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO
REQUEST FOR PROPOSALS (RFP) NO. 27-11/12, FOR DISASTER
RECOVERY SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER
INTO NEGOTIATIONS WITH THE TOP RANKED FIRMS OF CERES
ENVIRONMENTAL SERVICES, INC., ASHBRITT, INC, TAG GRINDING
SERVICES, INC., BYRD BROTHERS ENVIRONMENTAL SERVICES, INC., D&J
ENTERPRISES, INC., AND PHILLIPS AND JORDAN, INC.; AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS
UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION; AND FURTHER APPROVING THE CITY'S EXERCISE OF A
ONE (1) YEAR RENEWAL TERM UNDER THE CITY'S CURRENT CONTRACTS
FOR DISASTER RECOVERY SERVICES WITH THE FOLLOWING FIRMS:
ASH BRITT, INC.; CERES ENVIRONMENTAL SERVICES, INC.; PHILLIPS AND
JORDAN, INC.; AND CROWDERGULF JOINT VENTURES, INC. (WITH SUCH
RENEWAL TERM COMMENCING RETROACTIVELY ON FEBRUARY 1, 2012,
AND ENDING ON JANUARY 31, 2013).
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
In the event of an emergency, such as a hurricane, the City would lack sufficient resources
to undertake debris recovery operations. While assistance is available from the County,
State and Federal governments, it is not sufficient to restore a community that has suffered a
catastrophic disaster. Also, the resources of the various governments are spread thin over
the affected areas, necessitating contracted private sector assistance. ~
It is in the City's best interestto enter into agreements with firms that have the capability and
flexibility to provide disaster recovery services in the event of a declared emergency that is of
the magnitude to utilize said professional services.
The Federal Emergency Management Agency (FEMA) provides public assistance funds for
debris clearance and removal and disposal operations. Eligible applicants include State and
local governments. On August 28, 2005, FEMA determined that the damage in certain areas
of the State of Florida resulting from Hurricane Katrina which occurred on August 24, 2005,
and with Hurricane Wilma shortly after, were sufficient in severity and magnitude to warrant
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Commission Memorandum -Disaster Recovery Services
June 6, 2012
Page 2 of5
a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. §§ 5121-5206 (the Stafford Act).
The City currently has contracts with the following six (6) companies for the provision of
these services: Grubbs; Bamaco; AshBritt, Inc.; Phillips and Jordan, Inc.; Ceres
Environmental Services, Inc.; and CrowderGulf Joint Venture, Inc. The initial term of these
contracts were effective through January 31, 2011, with three (3) additional one-year options
for renewal. These contracts were renewed through January 31, 2012.
On February 8, 2012, the Mayor and City Commission approved the issuance of a Request
for Proposals (RFP) for Disaster Recovery Services, to select qualified contractors to assist
the City with the restoration of operations after a catastrophic disaster.
In order to ensure that there is no interruption in the services, the Administration
recommends that, as part of the action taken with this Resolution, the City Commission
approve the second one ( 1) year renewal option under the City's contracts with Ash Britt, Inc.;
Ceres Environmental Services, Inc.; Phillips & Jordan, Inc.; and CrowderGulf Joint Venture,
Inc. Therefore, the City can keep these contracts and the services in place during the
negotiations of the new contracts. Once the new contracts have been successfully
negotiated and executed, the existing contracts can be terminated for convenience.
The scope of services will include, but will not be limited to, items such as emergency road
clearance, debris removal from public rights-of-way, removal of hazardous stumps, leaning
trees and limbs, temporary debris staging areas and reduction sites, debris disposal,
hazardous waste abatement, and sand screening.
The resultant contracts will remain in effect for three (3) years, and may be renewed for two
(2) additional one (1) year periods, at the sole option of the City.
RFP PROCESS
RFP No. 27-11/12 was issued on February 24, 2012, and the Procurement Division a-
mailed, as well as uploaded the RFP to BidNet, sending notifications to over 110 firms. A
non-mandatory pre-proposal meeting to provide information and respond to questions from
prospective proposers was held on March 7, 2012. This outreach resulted in the receipt of
eleven (11) proposals from the following firms:
• AshBritt, Inc.
• Bergeron Emergency Services, Inc.
• Byrd Brothers Emergency Services, LLC
• Ceres Environmental Services, Inc.
• CrowderGulf Joint Venture, Inc.
• D&J Enterprises, Inc.
• DRC Emergency Services, LLC
• J.B. Coxwell Contracting, Inc.
• Phillips and Jordan, Inc.
• Superior Landscaping & Lawn Service, Inc.
• TAG Grinding Services, Inc.
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Commission Memorandum -Disaster Recovery Services
June 6, 2012
Page 3of5
On May 21, 2012, the City Manager via Letter to Commission No. 140-2012 appointed an
Evaluation Committee (the "Committee"), consisting of the following individuals:
Michael Alvarez
Barbara Knaub
George Navarro
John Oldenburg
Jorge Sanabria
James Sutter
AI Zamora
Alternate:
Jesus Sola
Infrastructure Division Director, Public Works, CMB
Graduate of Leadership Academy
Emergency Manager, CMB
Assistant Director, Parks, CMB
Fire Division Chief, CMB
Internal Auditor, CMB
Sanitation Director, CMB
Fire Division Chief, CMB
Due to a conflict in scheduling, AI Zamora requested Rhonda McPherson, Assistant Director,
Sanitation, to participate on the Committee in his stead.
The Committee convened on May 29, 2012, and was provided with an overview of the
project, information relative to the City's Cone of Silence Ordinance, and recent changes to
the Government in the Sunshine Law. Michael Alvarez was nominated as the Committee
chairperson.
The Committee was instructed to score and rank each proposal pursuant to the evaluation
criteria established in the RFP, which was as follows, for a total potential of 100 points:
• Firm's experience in disaster recovery services-35 points
• Qualifications of project team -20 points
• Proposed cost/fees-25 points
• Methodology and approach - 1 0 points
• Past performance performance evaluation surveys - 1 0 points
Additional points were allocated, if applicable, pursuant to, the following ordinances:
LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points
to Proposers, which are, or include as part of their proposal team, a Miami Beach-based
vendor as defined in the City's Local Preference Ordinance.
VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5)
points to Proposers, which are, or include as part of their proposal team, a small business
concern owned and controlled by a veteran(s) or a service-disabled veteran business
enterprise, as defined in the City's Veterans Preference Ordinance.
The Committee discussed the proposals and proceeded to score and rank as follows:
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Ceres
Commission Memorandum -Disaster Recovery Services
June 6, 2012
Page 4 of5
Michael Barbara Rhonda
Alvarez Knaub McPherson
Total
Ranking
of Firm
19
Ash Britt 22
TAG 24
Brothers 27
27
27
30
J.B Coxwell 32
DRC 33
CrowderGulf 37
Su 8 (73) 11 (71 52
Superior Landscaping included a copy of a Miami Beach business license in the firm's
proposal submission pursuant to the Local Preference Ordinance. Therefore, the score for
this firm reflects an additional five (5) points which are included in the scores listed above.
The Committee articulated that at least ten (1 0) of the eleven (11) firms are well qualified
and have extensive experience in disaster recovery services. As a result of the ranking of
the firms, whereby three (3) firms received the ranking of 27 for fourth-ranked, a motion was
made and passed by the Committee to enter into negotiations with the top six (6) firms.
Ceres Environmental Services, Inc. has its main office in Sarasota, Florida. Since its
founding in 1976, Ceres has been awarded over $1.7 billion in FEMA-funded disaster
recovery projects across the United States. Ceres utilizes teaming partners as well as
strategically placed owned equipment staging and office locations in Sarasota, Florida;
Bonifay, Florida; Houston, Texas; and Brooklyn Park, Minnesota. Ceres has performed
emergency work contracts of less than $25,000 and up to $1 billion. Ceres is staffed by
professionally trained individuals with..over 200 collective years of experience in disaster
recovery management, and the firm 6wns more than 450 pieces of disaster response
equipment.
AshBritt, Inc. is located in Deerfield Beach, Florida. The firm has successfully assisted in
over 95 major recovery missions nationwide since Hurricane Andrew. These missions have
included ice storms, snow blizzards, tornadoes, floods, earthquakes, wildfires, and tropical
storms, as well as major hurricanes. The principals, staff and consultant partners have over
150 years of combined disaster management and recovery operations experience on both
large and small scale projects. Ash Britt maintains a core full-time staff of about 50 people,
over half of which are experienced senior managers. The firm maintains an extensive pool of
qualified, knowledgeable, trained and experienced reservists.
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Commission Memorandum -Disaster Recovery Services
June 6, 2012
Page 5of5
TAG Grinding Services, Inc. has its primary corporate office in Dadeville, Alabama, and the
firm also maintains offices in Daviston, Alabama; Palmetto, Georgia; and New Orleans,
Louisiana. TAG began debris removal and management operations in 1996 and the
permanent staff has over 150 years of combined experience dating back to the 1970's. The
staff includes former FEMA management personnel and Corps of Engineers disaster
response managers. TAG has responded to over 100 projects throughout the country, both
individually and in support of other companies. The firm's missions have included
responding to ice storms, tornadoes, floods, tropical storms and hurricanes.
Byrd Brothers Emergency Services, LLC has its main office is located in Wilson, North
Carolina. The firm has a 16 year history of successful service with various levels of federal,
state and local governments. The team members have a combined 150-year experience.
They have completed over 200 federally funded projects at a total cost of $450,000,000.
Byrd Brothers employs a dedicated FEMA Assistance Team, and can simultaneously
operate eleven (11) debris management sites. Byrd Brothers' proposal indicates the firm
has never has a disputed FEMA reimbursement claim.
D & J Enterprises, Inc. is headquartered in Auburn, Alabama, and has forty (40) years of
experience in the disaster and debris management field. D & J is a full service contracting
firm with experience as a prime contractor for emergency recovery services, with specific
focus on debris removal, reduction, disposal and management following natural and man-
made disaster events. The firm has performed over 225 separate, federally declared
disaster response contracts throughout the United States and U.S. territories, and
protectorates in the Caribbean and Asia. Disaster recovery projects completed total over
$400,000,000, at time employing over 600 employees, 500 subcontractors, and 2,000 trucks
daily. D & J also owns a temporary debris storage, separation, reduction and disposal
facility that operates year-round.
The main office of Phillips and Jordan, Inc. is located in Zephyrhills, Florida. The firm was
incorporated in 1959 and the disaster management team has more than 273 years of
combined debris removal, disaster management and disaster recovery experience. Phillips
and Jordan have more than 1 ,500 pieces of company owned equipment and a full-time
workforce in excess of 600 employees. Additionally, they have developed a nationwide
database of more than 20,000 subcontractors.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the attached
Resolution, which recommends the acceptance of the ranking of the firms and authorizes
the Administration to enter into negotiations with Ceres Environmental Services, Inc.,
Ash Britt, Inc., TAG Grinding Services, Inc., Byrd .Brothers Environmental Services, Inc., D&J
Enterprises, Inc., and Phillips and Jordan, Inc.; and further authorizes the Mayor and City
Clerk to execute agreements upon the completion of successful negotiations by the
Administration. The Administration further recommends that the City Commission approve
the City's exercise of a one (1) year renewal term under the City's current contracts for
Disaster Recovery Services with the following firms: AshBritt, Inc.; Ceres Environmental
Services, Inc.; Phillips and Jordan, Inc.; and CrowderGulf Joint Ventures, Inc, (with such
renewal term commencing retroactively on February 1, 2012 and ending on January 31,
2013).
T:\AGENDA\2012\6-6-12\RFP-27-11-12 Disaster Recovery Services -Memo.doc
206
RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER
PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR
PROPOSALS (RFP) NO. 27-11/12, FOR DISASTER RECOVERY SERVICES;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE
TOP RANKED FIRMS OF CERES ENVIRONMENTAL SERVICES, INC., ASHBRITT,
INC, TAG GRINDING SERVICES, INC., BYRD BROTHERS ENVIRONMENTAL
SERVICES, INC., D&J ENTERPRISES, INC., AND PHILLIPS AND JORDAN, INC.; AND
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION; AND FURTHER APPROVING THE CITY'S EXERCISE OF A ONE
(1) YEAR RENEWAL TERM UNDER THE CITY'S CURRENT CONTRACTS FOR
DISASTER RECOVERY SERVICES WITH THE FOLLOWING FIRMS: ASHBRITT, INC.;
CERES ENVIRONMENTAL SERVICES, INC.; PHILLIPS AND JORDAN, INC.; AND
CROWDERGULF JOINT VENTURES, INC. (WITH SUCH RENEWAL TERM
COMMENCING RETROACTIVELY ON FEBRUARY 1, 2012, AND ENDING ON
JANUARY 31, 2013).
WHEREAS, it is in the City's best interestto enter into agreements with firms that have the
capability and flexibility to provide disaster recovery services in the event of a declared emergency;
and
WHEREAS, on February 8, 2012, the Mayor and City Commission approved the issuance
of a Request for Proposals (RFP) for Disaster Recovery Services, to select qualified contractors to
assist the City with the restoration of operations after a catastrophic disaster; and
WHEREAS, on February24, 2012, RFP No. 27-11/12was issued and noticesweresentto
over 11 0 firms; and
WHEREAS, on the specified due date, the Procurement Division received responses from
AshBritt, Inc.; Bergeron Emergency Services, Inc.; Byrd Brothers Emergency Services, LLC;
Ceres Environmental Services, Inc.; CrowderGulf Joint Venture, Inc.; D&J Enterprises, Inc.; DRC
Emergency Services, LLC; J.B. Coxwell Contracting, Inc.; Phillips and Jordan, Inc.; Superior
Landscaping & Lawn Service, Inc.; and TAG Grinding Services, Inc.; and
WHEREAS, On May 21,2012, the City Manager via Letter to Commission No. 140-2012
appointed an Evaluation Committee (the "Committee"), consisting of the following individuals:
Michael Alvarez -Infrastructure Division Director, Public Works, CMB;
Barbara Knaub -Graduate of Leadership Academy;
George Navarro -Emergency Manager, CMB;
John Oldenburg -Assistant Director, Parks, CMB;
Jorge Sanabria -Fire Division Chief, CMB;
James Sutter -Internal Auditor, CMB;
AI Zamora -Sanitation Director, CMB; and
207
WHEREAS, due to a conflict in scheduling, AI Zamora requested Rhonda McPherson,
Assistant Director, Sanitation, to participate on the Committee in his stead; and
WHEREAS, the Committee convened on May 29, 2012, and was provided with an
overview of the project, information relative to the City's Cone of Silence Ordinance and the
Government in the Sunshine Law; and
WHEREAS, the Committee scored and ranked each proposal pursuant to the evaluation
criteria established in the RFP:
• Firm's experience in disaster recovery services -35 points;
• Qualifications of project team -20 points;
• Proposed cost/fees -25 points;
• Methodology and approach -1 0 points;
• Past performance performance evaluation surveys -1 0 points; and
WHEREAS, Superior Landscaping included a copy of a Miami Beach business license in
the firm's proposal submission pursuant to the Local Preference Ordinance, therefore, the score for
this firm reflects an additional five (5) points which were included in the scores; and
WHEREAS, as a result of the ranking of the firms a motion was made and passed by the
Committee to enter into negotiations with the top six (6) firms of Ceres Environmental Services, Inc.,
AshBritt, Inc., TAG Grinding Services, Inc., Byrd Brothers Environmental Services, Inc., D&J
Enterprises, Inc., and Phillips and Jordan, Inc.; and
WHEREAS, the City Manager concurs with the recommendation; and
WHEREAS, in order to ensure that there is no interruption in the services, the
Administration recommends that, as part of the action taken with this Resolution, the City
Commission approve the second one (1) year renewal option under the City's contracts with
AshBritt, Inc.; Ceres Environmental Services, Inc.; Phillips & Jordan, Inc.; and CrowderGulf Joint
Venture, Inc.
NOW, THEREFORE, BE IT .DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby accept the recommendation of the City Manager pertaining to the ranking of firms pursuant
to Request for Proposals (RFP) No. 27-11/12 for Disaster Recovery Services; authorize the
Administration to enter into negotiations with of Ceres Environmental Services, Inc.; AshBritt, Inc.;
TAG Grinding Services, Inc.; Byrd Brothers Environmental Services, Inc.; D&J Enterprises, Inc.; and
Phillips and Jordan, Inc.; and further authorize the Mayor and City Clerk to execute agreements
upon conclusion of successful negotiations by the Administration, and further approving the City's
exercise of a one (1) year renewal term under the City's current contracts for Disaster Recovery
Services with the following firms: AshBritt, Inc.; Ceres Environmental Services, 1nc.; Phillips and
Jordan, Inc.; and CrowderGulf Joint Ventures, Inc. (with such renewal term commencing
retroactively on February 1, 2012 and ending on January 31, 2013).
PASSED AND ADOPTED this ___ day of _______ ,, 2012.
ATTEST:
Rafael E. Granado, City Clerk
T:\AGENDA\2012\6-6-12\RFP 27-11-12 Disaster Recovery Reso.doc
208
APPROVED AS TO
· . F~ANGUAGE Matt1 Herrera Bowi~xECUTION
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving Amendment
No. 2 T0 The Contract Between The City And Professional Building Services, Dated August 3, 2011, For
Citywide Janitorial Services; Said Amendment Adding The Following Locations: Historic City Hall; Police
Substation; North End Ocean Rescue Headquarters; And Beachfront Restrooms; And Increasing The Contract,
In The Amount Of $22,559.63 Per Month.
K~ Intended Outcome Supported:
Ensure Well-Maintained Facilities.
Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2009 Customer Satisfaction Survey,
87% of residents and 85% of businesses rated the appearance and maintenance of the City's public buildings
as excellent or good.
Issue:
I Shall the Mayor and City Commission approve the amendment of the contract?
Item Summary/Recommendation:
For years, the City's Sanitation Division has provided janitorial services for all the beachfront restrooms. These
services are being provided by two-man crews working two c(aily shifts, seven days a week. On November 7,
2011, Procurement issued a request for quotes for janitorial services at Historic City Hall, Police South
Substation and North End Headquarters/Ocean Rescue and beachfront restrooms from four vendors previously
awarded janitorial service contracts. A Technical Review Panel convened on December 7, 2011 to interview the
two lowest bidders, Professional Building Services (PBS), and ISS Facility Services, Inc. The Panel concluded
that PBS had conducted a more thorough assessment of beachfront restroom maintenance requirements. This
was reflected in a proposal that offered the most complete service coverage of all respondents, as well as a
plan that compared favorably against currently provided services by the City's Sanitation Division, in terms of
level of service and cost. The Panel recommended the award of the additional janitorial work to PBS, whose
plan offers a significantly higher level of service with significantly lower costs than using City resources. PBS'
plan divides the City into three zones: South Pointe, South Beach, and Mid-Beach/North Beach. Each zone will
be staffed by a man and woman team per shift, for a total staff of six per shift. This compares favorably with the
current City staffing of two persons per shift; effectively tripling the current service coverage. PBS' proposal
also compares favorably with the City's current personnel budgeted cost of $250,510/year, and would generate
FY 2012/13 savings of $73,146 and recurring annual savings of $80,019 (31% cost reduction) beginning in FY
2013/14. The FY 2012/13 to FY 2013/14 increase is due to pension and vehicle savings. At its 4/19/12 meeting,
the Finance and Citywide Projects Committee recommended bringing the item to the full Commission, providing
for extended operating hours at beachfront restrooms and specific maintenance quality standards. Even after
the additional cost of extended hours, the City will save 5% in FY 2012/13 and 7% recurring savings in FY
13/14 from current budgeted amount. The existing permanent four City employees would be reassigned to
other Sanitation crews. The equivalent number of vacant budgeted positions in the Sanitation Division, as well
as the two temporary positions will reduced from the budget in order to fund the beachfront restrooms contract
cost and generate the previously described savings.
The Administration recommends adopting the resolution approving the PBS contract amendment.
Advisory Board Recommendation:
Financial Information:
Amount Account
~~ Source of 1 $60,682.23 Contract Maintenance Account 435-0430-000325
Funds: 2 6,996.66 Contract Maintenance Account 520-1720-000325
1f-OBPI Total $67,678.89
Financial Impact Summary: Projected 5% savings in FY 12/13 and 7% recurring savings in FY 13/14.
islative Trackin
MIAMI BEACH 209
AGENDA lTEM _C_/,.--f\1 __
DATE 6-{:r/ l-
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager <:\ ~
June 6, 2012 a u
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO. 2
TO THE CONTRACT BETWEEN THE CITY AND PROFESSIONAL
BUILDING SERVICES, DATED AUGUST 3, 2011, FOR CITYWIDE
JANITORIAL SERVICES; SAID AMENDMENT ADDING THE
FOLLOWING LOCATIONS: HISTORIC CITY HALL; POLICE
SUBSTATION; NORTH END OCEAN RESCUE HEADQUARTERS; AND
BEACHFRONT RESTROOMS; AND INCREASING THE CONTRACT, IN
THE AMOUNT OF $22,559.63 PER MONTH.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure Well-Maintained Facilities.
FUNDING
Funding will be provided from the following Accounts, for three (3) months of services
required during Fiscal Year 2012:
$60,682.23 Contract Maintenance Account 435-0430-000325
6.996.66 Contract Maintenance Account 520-1720-000325
$67,678.89 Total
BACKGROUND
On July 13, 2011, the City Commission awarded contracts for Janitorial Services Citywide,
pursuant to Invitation to Bid (ITB) No. 13-10/11, to the following contractors: ISS Facility
Services, Inc., Omarcio Cleaning Services, Inc., Performance Cleaning Group, and
Professional Building Services (PBS). These contracts are effective until September 30,
2013, and may be renewed by mutual agreement for three (3) additional years, on a year to
year basis.
After the execution of contracts, it was noted that three of the locations, Historic City Hall,
Police South Substation, and North End Headquarters/Ocean Rescue, had been omitted
from the Invitation to Bid, and needed to be added via Amendment using the
"Addition/Deletion of Facilities" clause of the contract.
210
Commission Memorandum -Janitorial Services Contract Amendment
June 6, 2012
Page2
On November 7, 2011, the Procurement Division issued a request for quotes, including the
aforementioned locations, and the beachfront restrooms, from all four vendors awarded
contracts. Sealed quotes were received on November 1 cr, 2011 from Professional Building
Services, Omarcio Cleaning Services, Inc., and ISS Facility Services, Inc. (see tabulated
results in Attachment 1 ).
A Technical Review Panel (the "Panel") convened on December 7, 2011 to interview the two
lowest bidders, Professional Building Services, and ISS Facility Services, Inc. The Panel
consisted of the following individuals:
• Jorge Cano, P.E., Administration and Business Officer
• Alfonso Ritchie, Sanitation Operations Supervisor
• George Ruiz, Assistant Director Sanitation
• Gus Andino, Property Management Contracts Administrator
The Panel determined that the staff allocated by ISS was not adequate to provide the
necessary maintenance level of service for the restrooms, as reflected in the difference in
the proposed staffing level, and that the City would receive better value if Professional
Building Services (PBS) was awarded all facilities.
The Panel concluded that PBS had conducted a more thorough due diligence effort in
assessing the maintenance requirements of the beachfront restrooms. This was reflected in
their proposal that offered the most complete service coverage of all of the respondents, as
well as a plan that compared favorably against the currently provided services in terms of
level of service and cost. The Panel recommended the award of the additional janitorial work
to PBS.
Following a discussion to amend the existing PBS citywide janitorial services contract to add
the Historic City Hall, the Police Substation, the North End Ocean Rescue Headquarters,
and beachfront restrooms, held at the April 19, 2012, Finance and Citywide Projects
Committee (FCWPC) meeting, the Committee recommended bringing the item to the full
Commission and that staff develop specific quality standards and extend the hours that the
beachfront restrooms are open.
ANALYSIS
The City's public restrooms are an important amenity serving the general public, and
residents along the beachfront -the heart of the City's tourist corridor. Keeping these key
facilities clean and well-maintained is essential to preserve the City's status as a world class
destination. For a number of years, the City's Sanitation Division has provided janitorial
services for all the beachfront restrooms. These services are being provided by two-man
crews working two daily shifts, seven days a week. In order to be able to staff the daily two-
man crews, four City employees (municipal service workers), as well as two temporary
employees, are employed. A total of four employees are utilized on a daily basis to provide
these janitorial services. Their work is overseen by a Sanitation Division operations
supervisor. The budgeted personnel cost to provide these services, including pension,
benefits and supplies is $250,51 0/year.
As a result of the City's capital construction program, the number of restroom facilities
211
Commission Memorandum -Janitorial Services Contract Amendment
June 6, 2012
Page3
maintained by the Sanitation Division has grown over the years to ten, including the public
restrooms at South Pointe Park. The South Beach restrooms located at 6th, 10th, and 14th
Streets, along Ocean Drive, experience significantly high traffic that peaks during numerous
major City events, such as Memorial Day Weekend, New Year's, and Fourth of July
festivities. Another new public restroom facility at the Unidad Senior Center in North Beach
is nearing completion.
The Parks & Recreation Department also oversees contracted outside janitorial services for
the newly constructed restrooms at SoundScape Park.
This growth in the number and geographical distribution of restroom facilities has stretched
City Sanitation personnel beyond originally anticipated levels of support and presented the
opportunity for staff to explore the possibility of contracting the maintenance of the
restrooms with industry professionals. An integrated service program offers the benefit of
competitive pricing while maximizing value and service delivery efficiencies. It also allows for
the redeployment of in-house resources to focus on their respective operational core areas.
PBS' plan offers a significantly higher level of service as well as a cost that is approximately
30% lower than that required by City resources. PBS' plan divides the City into three zones:
South Pointe, South Beach, and Mid-Beach/North Beach. The South Pointe zone includes
South Pointe Park and the 3rd Street beachfront restrooms; the South Beach Zone includes
the beachfront restrooms from 6th Street through 21st Street; and the Mid-Beach North
Beach zone includes the beachfront restrooms from 35th street through 73rd Street.
Each zone will be staffed by a man and woman team per shift, for a total staff of six per shift.
This compares favorably with the current City staffing of two persons per shift; effectively
tripling the current janitorial service coverage. In an effort to further improve the service level
and efficiency, the vendor will include a woman as part of each zone's shift teams. Each of
the shifts will have a supervisor available that can assist with additional cleaning if needed.
This eliminates the need to temporarily close the women's restrooms when serviced by male
employees, which negatively affects the convenience of the public, and results in service
delays when the restrooms are occupied. The vendor will also provide pressure washing on
a weekly-basis as presently provided by City staff.
Prior to consideration of the additional maintenance cost from extending beachfront
restroom open hours (as requested by the FCWPC at its 4/19/12 meeting), PBS' original
proposal compares favorably with the City's current personnel budgeted cost of $250,510
per year, and would generate Fiscal Year 2012/13 savings of $73,146 (29% cost reduction
from current budgeted cost) and recurring annual savings of $80,019 (31% cost reduction)
beginning in FY 2013/14. The increase in savings from FY 2012/13 to FY 2013/14 are
attributable to pension and vehicles. The vehicle savings include avoided fuel and repair
expenses from two restroom cleaning service vans that would be removed from the
Sanitation Division vehicle fleet, as well as avoided capital expenses from not having to
replace one of the vans scheduled to be retired in FY 2012/13.
As a result of extending the restroom operating hours, the negotiated monthly maintenance
cost increased by $5,085.89, resulting in a new monthly total of $12,805.87 for the five
South Beach restrooms. This resulted in a corresponding increase in the overall monthly
janitorial service cost for the 10 restrooms and three City facilities from $17,473.7 4 to
212
Commission Memorandum -Janitorial Services Contract Amendment
June 6, 2012
Page4
$22,559.63. The following lists the extended operating hours by restroom location:
• South Pointe Park Restrooms: Closing hour extended from 8:00pm to the park's
9:00pm closing time.
• 5th Street & Ocean Drive Restrooms: Hours extended from 8:00pm to midnight.
• 1oth Street & Ocean Drive Restrooms: Hours extended from 8:00pm to midnight.
• 14th Street & Ocean Drive Restrooms: Hours extended from 8:00pm to midnight.
• 21st Street & Collins Ave. Restrooms: Hours extended from 8:00pm to 10:00pm.
It should be noted that, even after the additional maintenance cost impact of extending the
above restrooms' operating hours, the City will still realize modest cost savings, while
benefitting from three times the current janitorial service coverage. Fiscal Year 2012/13
savings are projected to be $12,116, or a 5% reduction from the current budgeted amount.
Similarly, recurring annual savings, beginning in FY 2013/14, would be $18,988, or a 7%
reduction from the current budgeted amount.
As a result of the contract award for beachfront restrooms janitorial services, the disposition
of City staff impacted by the privatization of the beachfront restrooms' maintenance will be
handled in accordance with provisions of the Collective Bargaining Agreement governing
those positions. The existing four City employees would be reassigned to other Sanitation
crews. The equivalent number of vacant budgeted positions in the Sanitation Division, as
well as the two temporary positions would be reduced from the budget in order to cover the
contract cost and generate the previously described savings.
A set of performance standards for public restroom maintenance have been developed and
are included as Attachment 2.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the resolution
approving Amendment No. 2 to the contract between the City Professional Building
Services, dated August 3, 2011, for Citywide janitorial services; said amendment adding the
following locations: Historic City Hall, Police Substation, North End Ocean Rescue
Headquarters, and beachfront restrooms; and increasing the contract, in the amount of
$22,559.63 per month.
Attachment 1: Janitorial Services Contract Amendment Tabulated Results
Attachment 2: Performance Standards for Public Restroom Maintenance
DRB/FHB/JF/JCC
T:\AGENDA\2012\6-6-12\Janitorial Services Contract Amendment MEMO.docx
213
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO. 2 TO THE
CONTRACT BETWEEN THE CITY AND PROFESSIONAL BUILDING
SERVICES, DATED AUGUST 3, 2011, FOR CITYWIDE JANITORIAL
SERVICES; SAID AMENDMENT ADDING THE FOLLOWING
LOCATIONS: HISTORIC CITY HALL; POLICE SUBSTATION; NORTH
END OCEAN RESCUE HEADQUARTERS; AND BEACHFRONT
RESTROOMS; AND INCREASING THE CONTRACT, IN THE AMOUNT
OF $22,559.63 PER MONTH.
WHEREAS, on July 13, 2011, the City Commission awarded contracts for Janitorial
Services Citywide, pursuant to Invitation to Bid (ITB) No. 13-1 0/11, to the following
contractors: ISS Facility Services, Inc., Omarcio Cleaning Services, Inc., Performance
Cleaning Group, and Professional Building Services (PBS); and
WHEREAS, after the execution of contracts, it was noted that three (3) of the
locations, Historic City Hall, Police South Substation, and North End Headquarters/Ocean
Rescue, had been omitted from the ITB, and needed to be added via Amendment; and
WHEREAS, on November 7, 2011, the City's Procurement Department issued a
request for quotes for the additional janitorial work at the aforementioned locations, and also
the beachfront restrooms, to all four (4) vendors awarded contracts pursuant to the ITB; and
WHEREAS, a Technical Review Panel convened on December 7, 2011, and
recommended award of the additional janitorial work to PBS; and
WHEREAS, PBS' proposal compares favorably with the City's current budgeted cost
of $250,510 per year for beachfront restrooms janitorial services, and would generate Fiscal
Year 2012/13 savings of $73,146 (29% cost reduction from current budgeted cost) and
recurring annual savings of $80,019 (31% cost reduction) beginning in FY 2013/14; and
WHEREAS, at its 4/19/12 meeting, the Finance and Citywide Projects Committee
recommended bringing the item to the full Commission, providing for extended operating
hours at beachfront restrooms and specific maintenance quality standards; and
WHEREAS, even after the additional maintenance cost impact of extended restroom
operating hours, the City will still realize modest cost savings, while benefitting from three
times the current janitorial service coverage; and
WHEREAS, Fiscal Year 2012/13 savings are projected to be $12,116, or a 5%
reduction from the current budgeted amount, and FY 2013/14, would be $18,988, or a 7%
reduction from the current budgeted amount.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve Amendment No. 2 to the contract between the City and
Professional Building Services, dated August 3, 2011, for Citywide Janitorial Services; said
Amendment adding the following locations: Historic City Hall; Police Substation; North End
Ocean Rescue Headquarters; and Beachfront Restrooms; and increasing the contract, in the
amount of $22,559.63 per month.
214
PASSED AND ADOPTED THIS 21st day of March, 2012
ATTEST:
Matti Herrera Bower, Mayor
Rafael Granado, City Clerk
T:\AGENDA\2012\6-6-12\Janitorial Services Contract Amendment RESO.doc
215
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~-;~-,t,
Date
Attachment 1.
Janitorial Services Contract Amendment Tabulated Results
Monthly_ Cost
Professional
ISS Building
I. CITY FACILITIES Facilities Services Omarcio
1 HISTORIC CITY HALL $3,436.04 $1,000.00 $1,721.17
2 POLICE SOUTH SUB STATION $337.92 $610.76 $ 821.11
NORTH END HEADQUARTERS OCEAN
3 RESCUE $407.25 $721.46 $ 921.71
II. RESTROOM FACILITIES
4 SOUTH POINTE RESTROOMS $ 1,672.20 $1,828.50* $6,521.07
South Pointe Park
-Extended operation until 9pm.
3r" Street And Ocean Drive
5 SOUTH BEACH RESTROOMS $4,571.32 $12,805.87* $ 10,296.97 (Includes Extended Schedule during
Holidays and Special Events)
6m Street and Ocean Drive
-Extended operation until midnight.
1om Street and Ocean Drive
-Extended operation until midnight.
14m Street and Ocean Drive
-Extended operation until midnight.
21 5
' Street and Ocean Drive
-Extended operation unti/1 Opm.
6 MID BEACH AND NORTH BEACH
RESTROOMS $3,762.94 $5,593.04 $7,341.74
35m Street and Collins Avenue
46m Street and Collins Avenue
53ru Street and Collins Avenue (including
Ocean Rescue HQ)
64m Street and Collins Avenue
GRAND TOTAL FACILITIES AND RESTROOMS
(Items 1-6) $14,187.67 $17,473.74 $27,623.77
CONTRACT AMENDMENT FROM JULY 1 THRU
SEPT. 30, 2012 (3 Months) (Items 1-6) $67,678.89
* Includes janitorial services coverage for extended operating hours for the South Pointe Park, 6th
Street, 10th Street, 14th Street and 21st Street restrooms.
216
Attachment 2
PERFORMANCE STANDARDS FOR
PUBLIC RESTROOM MAINTENANCE
1.0 OBJECTIVE:
The Contractor shall provide all maintenance services required herein in a workmanlike and
professional manner; shall conform to professional and industry standards; shall keep all areas in
a clean, orderly and safe condition; and satisfactory to the City at all times. The Contractor agrees
to be bound by all applicable Federal, State, City, and Municipal laws, ordinances and regulations
to the same extent as if said requirements were expressly written herein. In the event that the
Contractor is unable to meet the City's cleanliness standards or scope of services required herein
to the satisfaction of the City, the City reserves the right to increase the hours of operation and/or
required staff at no additional cost to the City.
The work specified consists of performing all maintenance operations to ensure restrooms are
maintained in a safe, attractive, clean, sanitary and operable manner at all times. The following
conditions meet the desired performance standards when all items are:
1. Counter Tops-Clean and Functional.
2. Sinks -Clean and functional.
3. Toilets/urinals-Clean and functional.
4. Toilet Paper Dispensers-Toilet paper available and dispenser functional.
5. Toilet Partitions-Clean and functional, door latch works.
6. Floors -Clean and paint/tile in good condition where applicable.
7. Celings/Windows/Walls-Clean. Paint/tile in good condition where applicable.
8. Hand Dryers -Clean and functional.
9. Trash Receptacles-Clean and free of graffiti, not overflowing.
10. Soap Dispensers -Clean and functional, soap not watered down.
11. Baby Changing Tables-Clean and functional, baby wipes available.
12. Mirrors-Clean and functional
13. Lights, Interior/Exterior-Functional.
14. Odor-No noticeable smell.
15. Pressure Cleaning -Once a week.
2.0 DEFINITIONS:
A. Safe: A condition free of hazards and not having a potential for personal injury or harm.
B. Clean: Free of impurities, foreign matter and objectionable odors.
C. Sanitary: Promoting healthful conditions by elimination of dirt, agents of disease or infection
through ventilation, cleansing with disinfectant, and/or disposal of waste.
D. Operable: Capable of being used as originally intended.
E. Scrub: The use of brushes, sponges, and/or mops with soap and clean water or other
approved cleaning materials to produce a clean surface.
F. Repair: To restore existing to good, sound, previous working condition after decay, damage,
malfunction, etc.
1
217
G. Minor H. Emergency: A serious situation or occurrence in which the rest area or its facilities
are forced to be closed or deemed inoperable at any time.
I. Facility: A building or storage room, etc.
3.0 CONTRACTOR RESPONSIBILITY:
A. General: The Contractor shall furnish all labor, materials, consumable supplies, equipment
and tools necessary to perform the duties and services specified in an efficient and
professional manner.
B. Restrooms and Interior of Buildings: The Contractor shall be responsible for maintaining
in a clean, sanitary, and operable condition, all public restrooms and interior of buildings,
including exposed plumbing and fixtures in the restrooms. This entails working in close
collaboration with the Property Management Division (PMD) and includes immediately
reporting conditions to the PMD requiring repair and/or replacement, not limited to the
following:
1. All light bulbs, ballasts and light fixture covers which are burned out, damaged or missing.
Performance Standard: Replace within 24 hours of being reported.
2. All defective soap dispensers including push buttons.
Performance Standard: Replace within 24 hours of being reported.
3. All damaged or missing toilet seats and flush valves.
Performance Standard: Replace within 24 hours of being reported.
4. All damaged or missing hardware for toilet partitions and stall doors.
Performance Standard: Repair I replace within 24 hours of being reported.
5. All damaged or missing toilet paper holders. Replacement toilet paper holders shall be
two-roll holders.
Performance Standard: Replace within 24 hours of being reported.
6. All damaged or missing mirrors and frames.
Performance Standard: Hazardous condition to be corrected I isolated as soon as possible
within 4 hours of being reported. Replace item within 24 hours of being reported.
7. All damaged or missing electrical switch plates and receptacle covers.
Performance Standard: Repair I replace as soon as possible within 4 hours of being
reported.
8. All damaged or inoperable electrical outlets.
Performance Standard: Within 4 hours of being reported.
9. All defective or inoperable odor control devices.
Performance Standard: Repair I replace within 24 hours of being reported.
10. All leaking seals, toilets, or urinals.
Performance Standard: Repair I replace within 8 hours of being reported.
11. All clogged pipes.
Performance Standard: Repair within 4 hours of being reported.
12. All damaged urinal hardware.
Performance Standard: Within 4 hours of being reported.
13. All damaged wash basins, including drains and hardware.
Performance Standard: Within 24 hours of being reported.
14. Any life/health/safety conditions not listed above.
Performance Standard: Within 4 hours of being reported.
It should be noted that, in the event repair or replacement parts are out of stock, the targeted
response time may not be achievable.
2
218
Restrooms must be accessible during hours of operation for each gender, except for
emergencies, plumbing problems, or other extraordinary conditions, as may be determined by
the City. The Contractor shall provide all labor, janitorial supplies, soaps, paper products, and
other materials and equipment as may be required to perform the work. The liquid hand soap
supplied by the Contractor must be antibacterial and the paper and chemical products supplied
must be biodegradable. The Contractor shall provide at the pre-work conference a list of all
materials and supplies to be used to the City's contracts coordinator for approval. Any change
of materials or supplies shall be approved by the City prior to use.
The Contractor's attendants, at least once per day, shall inspect all rest area equipment for
malfunctions and complete an inspection form provided by the Department. The attendants
shall identify any malfunctions, date and sign the checklist. The checklist shall be available at
each rest area for review by the Engineer at all times. Any malfunctions found shall be
reported to the Engineer no later than the following day unless the malfunction is of an
emergency nature upon which immediate notification to the Engineer is required.
All fixtures and components such as windows, light fixtures, floors, walls, toilet partitions,
doors, toilets, urinals, napkin disposals, wash basins, counters, diaper changing stations,
mirrors, soap dispensers and hand dryers shall be scrubbed and cleaned at least once per
day, with additional cleaning as necessary to maintain a sanitary condition.
The materials, equipment, or methods employed by the Contractor shall in no way deface,
damage, or mar the appearance of any component of the restroom.
C. Restrooms Building Exterior: The Contractor shall be responsible for cleaning the entrance
areas outside of the restrooms. The floors, doors, walls, water fountains and other visible
appurtenances shall be thoroughly cleaned at least once per day with additional cleaning as
needed to maintain a sanitary condition. The Contractor shall remove all graffiti from walls and
support columns daily. Graffiti shall be removed by pressure washing, cleaning compounds,
paint, or other acceptable means approved by the City. The Contractor shall remove all trash,
paper, debris and other foreign materials from the restroom building adjacent area at least
once per day. Garbage receptacles shall be emptied cleaned and can liners replaced at least
once per day or as is necessary. Garbage cans shall be pressure cleaned at least once each
month. Collected garbage shall be immediately stored in a manner and location that is not
visible to the public. Adjacent building walkways shall be swept and cleaned at least once per
day. Paved A thorough cleaning by scrubbing of the adjacent sidewalk and curb will be
required at least once per month.
D. Storage Areas: The City, at its discretion may provide access to lockable supplies storage
rooms where available. Storage rooms shall be kept in a neat and orderly fashion and shall be
exclusively used for the storage of supplies and materials required in the maintenance of
beachfront restrooms. No personal items are to be kept or stored in the storage rooms.
Equipment, cleaning materials, cleaning apparatus, or any other instruments shall not be
stored or displayed in view of the public. Areas adjacent to the actual storage room shall be
maintained in a manner that presents an attractive appearance. The City shall provide the
Contractor with one set of keys for the storage areas which are to remain locked and secured
at all times when not occupied. All materials stored in the storage areas shall be stored in
accordance with the applicable local, state, and federal requirements. Flammable liquids
(gasoline, fuels, etc,) shall not be stored in the storage areas.
E Required Maintenance Conditions: The Contractor shall be responsible for meeting the
maintenance conditions, listed on Table 1 below, on an on-going basis-including extended
schedule periods during holidays and special events.
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TABLE 1 -REQUIRED MAINTENANCE CONDITIONS
100% of Counter tops are clean, free of graffiti, secured in place and free of
1. Counter tops major defects and sharp edges.
90% Free of stains.
90% of Sinks, faucets, and drains in each restroom are clean, free of stains
2. Sinks and/or graffiti, and functioning as originally intended. Caulk is present where
intended, clean and free of mildew.
,100% of Toilets and urinals in each rest room are clean and functioning as
originally intended.
3. Toilets/Urinals (Leniency may be granted in the event that one toilet/urinal is in the process of
being repaired or replaced. In this case, the toilet/urinal must be repaired or replacec
by the following inspection unless documented justification is provided.)
100% Toilet paper dispensers are stocked sufficient toilet paper and
4.Toilet Paper Dispensers function as originally intended.
85% Partitions are clean, secured in place, and free of graffiti. Door latches,
hooks, shelves and hardware are present and functioning as originally
5. Toilet Partitions
intended. Small holes from modified hardware have no sharp edges and
do not diminish the integrity of the partition.
1 00% Partitions are free of holes and sharp edges not due to
hardware reolacement.
100% Floors are free of tripping hazards such as broken or missing tiles; no
6. Floors misalignments greater than %of an inch are present.
95% Floors are clean and free of trash, paper and debris. Grout is free
of stains and mildew, uniform in color throughout the restroom.
100% Ceilings are clean and free of mildew; vents are clean and present as
intended. Screens are clean, uniform in composition and functioning
7. Ceilings/Windows/Walls as intended.
95% Windows are clean and free of cobwebs. Walls are clean, free of
graffiti, broken tiles, and peeling paint. Vents are clean and free of rust.
100% Hand dryers and paper towel dispensers in each rest room are clean
8. Hand Dryers and functioning as originally intended. (Leniency may be granted in the event tha
one hand dryer is in the process of being repaired or replaced. In this case, the drye
must be repaired or replaced by the following inspection)
9. Trash Receptacles 100% Trash receptacles if present are free of graffiti, with no sharp edges and
function as originally intended.
10. Soap Dispensers 100% Soap dispensers are present, clean, sufficiently filled, works properly
without leaking, and functioning as originally intended.
11.Baby Changing Tables 100% Baby changing tables are clean, secure and free of graffiti. Straps are
present and functioning as originally intended.
12. Mirrors 95% Mirrors in each rest room are clean, free of discoloration and graffiti.
1 00% Mirrors are free of sharp edges, safety hazards and obscene graffiti.
13. Lights 100% Interior lights and light covers, including emergency and exit lights, are
functioning as originally intended.
14. Odor 1 00% Free of unnatural smell due to maintenance or lack of.
15. Pressure Cleaning Once a week pressure cleaning of restroom interiors.
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1. Counter Tops:
100% of Counter tops are clean, free of graffiti, secured in place and free of major defects and
sharp edges.
90% of Counter tops are free of stains.
For inspection purposes: Inspect each counter top in each rest room according to the above
maintenance conditions.
Evaluation: Each counter top shall be clean, free graffiti, with no major defects or sharp edges.
These counter tops appear to meet conditions.
2. Sinks:
90% of Sinks, faucets, and drains in each restroom are clean, free of stains and/or graffiti, and
functioning as originally intended. Caulk is present where intended, clean and free of mildew.
For inspection purposes: A sink is inspected for the basin, faucet, drain, and edge or trim.
Evaluation: Inspect each sink, faucet and drain in the facility being inspected. Count the total
number of sinks being inspected and divide by the number of sinks that did not meet criteria.
The corroded faucet would not meet desired maintenance conditions.
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This sink appears to meet conditions.
This basin is stained more than 90% and would not meet desired maintenance conditions.
This faucet is leaking and would not meet desired maintenance conditions.
3. Toilets/Urinals:
100% of Toilets and urinals in each rest room are clean and functioning as originally intended.
For inspection purposes: Each toilet or urinal in each rest room must meet the above
conditions.
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Evaluation: Inspect each toilet or urinal in each facility to be clean and functioning as originally
intended. Toilets or urinals are secure in place, no leaks or running water, flushing ability (if
equipped with auto flush sensor, the sensor must be in good working order), no chips, cracks
or rough edges in the porcelain or toilet seat.
The toilet in this stall is missing and would not meet desired maintenance conditions without
documentation.
The handle on this urinal is stuck down and the water is running; this would not meet desired
maintenance conditions.
Problem with valve water running; this would not meet desired maintenance conditions.
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NOTE: Leniency will be granted in the event that one toilet/urinal is in the process of being
repaired or replaced. In this case, the toilet/urinal must be repaired or replaced by the following
inspection unless documented justification is provided.
4. Toilet Paper Dispensers:
100% Toilet paper dispensers have sufficient toilet paper present and function as originally
intended.
For inspection purposes: Inspect each toilet paper dispenser in each stall for the above
conditions.
Evaluation: Inspect each toilet paper dispenser for sufficient amount of paper (make sure to
check for back up rolls). Each dispenser should be complete, with all parts present and in good
working order, with no sharp edges.
This dispenser is out of paper and would not meet desired maintenance conditions.
The above are examples of not having sufficient amounts of paper available; they would not meet
desired maintenance conditions.
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This dispenser is not in working order and would not meet desired maintenance conditions.
5. Toilet Partitions:
85% of Partitions are clean, secured in place, and free of graffiti. Door latches, hooks, shelves
and hardware are present and functioning as originally intended. Small holes from modified
hardware have no sharp edges, and do not diminish the integrity of the partition.
100% of Partitions are free of holes and sharp edges not due to hardware replacement. For
inspection purposes: Rate each toilet partition wall/door for the above conditions.
Evaluation: Inspect each partition surface in every restroom. Count the total number of
partitions and divide by the number of partitions that did not meet criteria.
This partition surface has holes and rough edges and would not meet desired maintenance
conditions.
This door has a broken latch and would not meet desired maintenance conditions.
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6. Floors:
100% Floors are free of tripping hazards such as broken/missing tiles; no misalignments
greater than % of an inch are present.
95% Floors are clean and free of trash, paper and debris. Grout is free of stains and mildew,
uniform in color throughout the restroom.
For inspection purposes: Inspect each floor in the facility for the above conditions. Calculate
the area of the floors that do not meet.
Evaluation: Inspect each floor in each restroom for tripping hazards, broken floor tiles, and any
misalignments greater than %inch. Calculate the total area of floors in the facility and divide by
the area of floor that did not meet the desired criteria.
Scattered paper on the floor in stalls will not meet desired maintenance conditions.
Trash and debris on floor may create a tripping hazard and will not meet desired maintenance
conditions.
7. Ceilings/Windows/Walls:
1 00% Ceilings are clean and free of mildew; vents are clean and present as intended, screens
are clean, uniform in composition and functioning as intended.
95% Windows are clean and free of cobwebs. Walls are clean, free of graffiti, broken tiles, and
peeling paint. Vents are clean and free of rust.
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For inspection purposes: Inspect the ceiling, windows, vents, screens and walls in each
restroom for above conditions. Identify and record the location(s) that does not meet criteria.
Evaluation: Inspect the ceiling in each restroom for mildew, cobwebs, peeling paint, rusted
metal, or broken ceiling tiles, inspect all vents to verify they are clean and functioning as
designed. Identify and record the location(s) that does not meet criteria.
Cobwebs on ceiling will not meet desired maintenance condition.
Peeling paint on wall will not meet desired maintenance condition.
Graffiti on walls will not meet desired maintenance condition
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Broken tile on wall will not meet desired maintenance condition.
8. Hand Dryers:
1 00% Hand dryers and towel dispensers in each rest room are clean and functioning as
originally intended. Towel dispensers shall be equipped with paper towels.
For inspection purposes: Each hand dryer and towel dispenser must meet the above
conditions.
Evaluation: Inspect each hand dryer and towel dispenser to be clean and functioning as
originally intended, secure in place, clean in appearance, running with warm air (if equipped
with auto sensor, the sensor must be in good working order) or paper towels present.
Note: (Leniency may be granted in the event that one hand dryer is in the process of being
repaired or replaced. In this case, the dryer must be repaired or replaced by the following
inspection unless documented justification is provided.)
Paper towel dispenser without paper towels; this would not meet desired maintenance
conditions.
Test each hand dryer to ensure they meet desired maintenance conditions.
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9. Trash Receptacles:
1 00% of Trash receptacles, if present, have no sharp edges and function as originally
intended.
a) Collection of trash and recycling must occur on a continuous basis throughout the day
to prevent overflow conditions.
b) Disposal of trash bags must be timely and stacking of bags on the sidewalks to await
collection is prohibited.
c) All receptacles are to be maintained in a clean condition and surfaces must be cleaned
and scrubbed as needed to prevent residue build-up.
d) All spots and spills identified on surfaces must be removed as soon as detected by
Contractor but no later than 2 hours after being reported to Contractor.
e) Contractor is responsible to ensure proper and lawful disposal of all trash collected.
f) Repair and/or replacement of damaged and/or missing trash receptacles shall be
coordinated through the City's Contract Coordinator and must occur as soon as
possible within 24 hours of being reported. Trash receptacle maintenance includes
replacement of broken or missing tops and liners; replacement of missing or broken
doors; replacement of missing or damaged door latches; the relocation of trash
receptacles; and anchoring of trash receptacles. Missing trash receptacles
g) Additional resources shall be provided as needed during special events.
For inspection purposes: Rate the trash receptacles (if supplied) in each rest room for the
above conditions.
Evaluation: Inspect trash receptacles in each facility to verify they are free of graffiti and not
over loaded.
Trash receptacle inside a restroom.
10. Soap Dispensers:
100% Soap dispensers are present, clean, sufficiently filled, works properly without leaking,
and functioning as originally intended.
For inspection purposes: Rate each soap dispenser in each rest room for the above
conditions.
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Evaluation: Inspect each soap dispenser to ensure they are secured in place, clean, contain
soap, have no leaks, and dispense soap as originally intended.
The above soap dispenser has a leak and would not meet conditions.
11. Baby Changing Tables:
1 00% Baby changing tables are clean, secure and free of graffiti. Straps are present and
functioning as originally intended.
For inspection purposes: Rate each baby changing table in each rest room for the above
conditions.
Evaluation: Inspect each baby changing table in each rest room to be secured in place, clean,
free of graffiti, straps present and functioning as originally intended. Note: If changing table is
designed without straps, then do not rate for straps.
Table designed without straps.
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Table designed with straps.
12. Mirrors:
95% of the Mirrored area in each rest room is clean, free of discoloration and graffiti.
1 00% of Mirrors are free of sharp edges, safety hazards and obscene graffiti.
For inspection purposes: Rate each mirror in each rest room for the above conditions.
Evaluation: Count the number of mirrors in the facility. Inspect each mirror in each rest room to
be secured in place, clean, free of discoloration, graffiti. At no time should any mirror be a
safety hazard, have sharp edges, or obscene graffiti.
Example: Measure the total area of mirrors and the total mirror area that is discolored or
marked with graffiti. If there are 1 00 total square feet of mirrored area and 1 0 square feet of
that area is discolored or disfigured, then the facility would not meet the required condition.
If the damaged area on this mirror is more than 5%, it would not meet the desired maintenance
conditions.
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\
If the area on this mirror has 6% discoloration it would not meet the desired maintenance
conditions.
13. Lights:
100% Interior lights and light covers, including emergency and exit lights, are functioning as
originally intended.
For inspection purposes: Rate each light and cover in each rest room for the above conditions.
Evaluation: Inspect each light, fixture, and cover (including emergency and exit lights) inside
each rest room to be working and functioning as originally intended.
This light is not working and would not meet conditions.
14. Odor:
1 00% No unnatural smell due to maintenance or lack thereof.
For inspection purposes: Rate each rest room for the above conditions.
Evaluation: Inspect inside each rest room, walk in and smell.
Example: When inside the rest room, breathe in through the nose. There should not be an
excessive smell due to chemicals or odor due to lack of maintenance such as mildew.
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15. Pressure Cleaning:
All restroom interiors shall be pressure cleaned once a week. Trash receptacles within the
service area must also be pressure cleaned to remove spots, gum, graffiti and other residue.
Contractor must provide the City's Contract Coordinator with a weekly pressure cleaning
schedule. The Contractor must use hot water and environmentally friendly detergents to clean
all hard surfaces. The Contractor, at his own expense, will be responsible for providing the
necessary water to achieve a satisfactory cleaning standard.
4.0 PERFORMANCE CONTROL AND INSPECTIONS
Daily Logs: The Contractor shall keep a daily log of all routine maintenance operations
performed and upon request by the City's Contract Coordinator make all daily logs available for
review. The daily log is to be designed by the Contractor and subject to approval by the City's
Contract Coordinator. The log shall include time and date of all scheduled and unscheduled
maintenance activities, as well as record any unusual activity or occurrence within the service
area (such as accidents, vandalism, etc.). The daily logs shall be available for audit by the City
for one (1) year after completion of this Contract period. The City may require the Contractor
to submit copies of the daily logs prior to payment of any invoice or upon completion of this
Contract. Logs should document all conditions requiring repair or replacement by the City's
Property Management Division. The Contractor shall make inspection logs available to the City
via a web-site.
Inspection Forms: The Contractor shall keep a log of supervisor quality control inspections
used to ensure that the Quality Control Plan and inspection requirements of the contract are
fulfilled. The quality control inspection form should encompass all checklist items to ensure that
all maintenance requirements are being met or exceeded. The inspection form is to be
designed by the Contractor and subject to approval by the City's Contract Coordinator. The
City reserves the right to call for unscheduled inspections with the Contractor's supervisor.
Inspection forms should document all conditions requiring repair or replacement by the City's
Property Management Division. The Contractor shall make inspection forms available to the
City via a web-site.
Quality Control Plan: In accordance with the janitorial services contract documents, the
Contractor shall establish a complete Quality Control Plan (QCP) to assure that the
requirements of the contract are met as specified.
1) Within seven (7) days after award of the contract, and prior to notice to proceed, the
Contractor shall submit a copy of his/her program to the Contract Coordinator and Property
Management Director, or designee, for review and approval. The QCP shall be a system
for identifying and correcting deficiencies in the quality of services before the level of
performance becomes unacceptable and/or the Contract Coordinator inspector's point out
the deficiencies. This QCP is of paramount importance and will be incorporated as an
official part of the contract document.
2) The QCP shall include, but not be limited to the following:
a) An inspection system that is tailored to the specific restrooms(s) covered under the
terms of the contract, and which covers all services specified in the contract
specifications.
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b) The Contractor will devise a checklist for use during the regularly scheduled and
unscheduled QCP inspections. The checklist used must be signed and dated by the
inspector at the time the inspection is completed. Identify all personnel who will be
performing QCP inspections by name, title, and type of inspection each is authorized
to perform. The person who actually performed the work being inspected shall not
perform Quality Control Inspections.
c) A system to ensure that the Contractor's employees are notified of deficiencies found
in their areas of responsibility; that the noted deficiencies are corrected (if possible);
and that these employees are counseled/retrained as necessary to ensure that
deficiencies do not recur.
d) The Contractor shall maintain a local file of all inspections conducted by the Contractor
or his/her employees, including the corrective actions taken. This documentation shall
be made available to the City's Contract Coordinator during the term of the contract. A
copy of these inspection reports shall be submitted to the CC or his/her representative
upon completion of the inspection process. The CC may compare inspections
performed by the Contractor's inspectors against the actual condition which exist at
the point in time. A system to ensure that the Contractor's employees are
counseled/trained to ensure unnecessary office lighting is OFF when appropriate to
enhance energy conservation efforts.
5.0 CONTRACTOR PERSONNEL:
A. General: The services to be provided pursuant to this contract shall be managed by a contract
supervisor assigned exclusively to the restrooms and facilities covered by the janitorial services
contract. The supervisor will be accountable to carry out the responsibilities as set forth in the
required scope of services. The supervisor will be responsible for responding to complaints
regarding all services provided by this contract. The contract supervisor, or a mutually agreed
upon representative, must be on call 24 hours a day. The Department reserves the right to
require the Contractor to remove and replace any of the employees working under this
Contract who do not meet the Department's standards.
B. Personnel Requirements: The primary responsibility of on-duty personnel shall be to
maintain the sanitary and attractive conditions of the restrooms. The Contractor shall provide
at least the minimum number of attendants per shift, seven (7)-days-per-week, as specified in
the contract documents. The Contractor's employees shall be clean, courteous, qualified,
efficient and neat. The Contractor shall not employ any person or persons in or about the
service area who shall use improper language or act in a loud or boisterous or otherwise
improper or inefficient manner. The Contractor agrees to remove from service any employee
whose conduct the City determines to be detrimental to the best interests of the City.
T:\AGENDA\2012\6-6-12\Janitorial Services Attachment 2.docx
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The City Manager Or His Designee To Execute A Memorandum Of Understanding With The
Miami-Dade County Public Works And Waste Management Department For The City Of Miami Beach To
Operate A Recycling Program That Meets The Minimum Standards Of Miami-Dade County Code Sections
15-2.2, 15-2.3, 15-2.4, and 15-2.5.
Key Intended Outcome Supported:
Enhance the Environmental Sustainability of the Community.
Supporting Data (Surveys, Environmental Scan, etc.): The solid waste haulers operating in the City
have reported that approximately 1 ,600 multifamily and commercial establishments within the City are
currently not participating in the County-required Recycling Program.
Issue:
I Shall the Mayor and City Commission approve the MOU?
Item Summary/Recommendation:
Miami-Dade County Code (Sections 15-2.2-15-2.4) requires multifamily and commercial establishments
to have a recycling program. Sec 15-2.5 of Miami-Dade County Code mandates that recycling shall be
enforced by Miami-Dade County unless the County and the City agree, in writing, that the City shall enforce
the County ordinance within the municipality or that the City is operating a recycling program that meets
the minimum standards of the County Code.
On September 1, 2009, the City executed a Memorandum of Understanding (MOU) with the County for the
County to enforce its ordinance within the City. However, as a result of multiple issues, including fiscal
constraints at the County level, the County Code requirement to have a recycling program is not
adequately or comprehensively enforced.
The City's Sustainability Committee recommended that the City establish an ordinance to encourage
Miami Beach's businesses and multifamily residences to establish a recycling program. On May 9, 2012,
the City Commission approved the proposed recycling ordinance on First Reading. If the City adopts the
proposed recycling ordinance, the City will need to execute a new MOU with the County agreeing that the
City's recycling program meets the minimum standards.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount
Funds: 1
OBPI Total
Financial Impact Summary: N/A
Clerk's Office Le islative Trackin :
Department
FHB
Sign-Offs:
T:IAGENDA\2012\6-6-12\Recycling Memo Summary.doc
MIAMI BEACH 235
Account
AGENDA ITEM __ C_7_0 __
DATE frb-/L
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: June 6, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE MIAMI-DADE COUNTY PUBLIC WORKS
AND WASTE MANAGEMENT DEPARTMENT THAT PROVIDES FOR THE
CITY OF MIAMI BEACH TO OPERATE A RECYCLING PROGRAM THAT
MEETS THE MINIMUM STANDARDS OF MIAMI-DADE COUNTY CODE
SECTIONS 15-2.2, 15-2.3, 15-2.4, and 15-2.5.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution if the ordinance is approved.
ANALYSIS
Miami-Dade County Code (Sections 15-2.2 -15-2.4) requires multifamily and
commercial establishments to have a recycling program. Sec 15-2.5 of Miami-Dade
County Code mandates that recycling shall be enforced by Miami-Dade County unless
the County and the City agree, in writing, that the City shall enforce the County
ordinance within the municipality or that the City is operating a recycling program that
meets the minimum standards of the County Code.
On September 1, 2009, the City executed a Memorandum of Understanding (MOU) with
the County for the County to enforce its ordinance within the City. However, as a result
of multiple issues, including fiscal constraints at the County level, the County Code
requirement to have a recycling program is not adequately or comprehensively enforced
in the City.
The City's Sustainability Committee recommended that the City enact an ordinance to
encourage Miami Beach's businesses and multifamily residences to establish a recycling
program and hire staff to enforce it. On May 9, 2012, the City Commission approved the
proposed recycling ordinance on First Reading. If the City adopts the proposed
recycling ordinance, the City will need to execute a new MOU with the County in order to
assume the responsibility for operating a recycling program that meets the minimum
standards of the County Code (Attachment A).
CONCLUSION
If the recycling ordinance is adopted on second reading, the Administration recommends
that the Mayor and City Commission adopt the attached Resolution, approving and
authorizing the City Manager or his designee to execute a Memorandum of
Understanding with Miami-Dade County Public Works and Waste Management
Department for the City of Miami Beach to operate a recycling program that meets the
minimum standards of Miami-Dade County Code Sections 15-2.2, 15-2.3, 15-2.4, and
15-2.5.
236
Commission Memorandum -Recycling Program MOU
June 6, 2012
Page 2 of2
Attachment A: Miami-Dade County Multi-Family and Commercial Recycling
Memorandum of Understanding
JGG/FHB/JJF/RWS/ESW
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237
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A MEMORANDUM
OF UNDERSTANDING WITH THE MIAMI-DADE COUNTY PUBLIC
WORKS AND WASTE MANAGEMENT DEPARTMENT THAT PROVIDES
FOR THE CITY OF MIAMI BEACH TO OPERATE A RECYCLING
PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL
ESTABLISHMENTS THAT MEETS THE MINIMUM STANDARDS OF
MIAMI-DADE COUNTY CODE SECTIONS 15-2.2, 15-2.3, 15-2.4, and 15-
2.5.
WHEREAS, Miami-Dade County Code Sections 15-2.2 through 15-2.4 require
multifamily and commercial establishments to have a recycling program; and
WHEREAS, Section 15-2.5 of Miami-Dade County Code mandates that recycling
shall be enforced by Miami-Dade County unless the County and the City of Miami Beach
(City) agree, in writing, that the City shall enforce the County ordinance within the
municipality or that the City is operating a recycling program that meets the minimum
standards of the County Code; and
WHEREAS, on September 1, 2009, the City executed a Memorandum of
Understanding (MOU) with the County for the County to enforce the County's ordinance
within the City of Miami Beach pursuant to the above-referenced County Code Sections; and
WHEREAS, the solid waste franchisee haulers in the City have reported that
approximately 1 ,600 multifamily residential buildings and commercial establishments within
the City are currently not participating in the County-required recycling program; and
WHEREAS, the City has passed and adopted a mandatory recycling ordinance for
multifamily residences and commercial establishments that provides standards that are
equivalent to or exceed the minimum recycling requirements of Miami-Dade County; and
WHEREAS, the City must execute the MOU with the County which is attached hereto
as Exhibit A in order to enforce its recycling ordinance that mandates recycling programs for
multifamily residences and commercial establishments in the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the City Manager, or his designee, to execute a
Memorandum of Understanding with the Miami-Dade County Public Works and Waste
Management Department, which is attached hereto as Exhibit A, that provides for the City of
Miami Beach to enforce its recycling ordinance and to operate a recycling program for
multifamily residences and commercial establishments that meets the minimum standards of
Miami-Dade County Code Sections 15-2.2, 15-2.3, 15-2.4, and 15-2.5.
PASSED AND ADOPTED this ___ day of ___ -"'2012.
ATTEST:
Rafael Granado, City Clerk Matti Herrera Bower
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238
Attachment A
Miami-Dade County
Multi-Family and Commercial Recycling Memorandum Of
Understanding
I. PREAMBLE
This Memorandum of Understanding (MOU) memorializes an agreement
reached between Miami-Dade County Public Works and Waste Management
Department, and the municipality of , hereafter referred
to collectively as "the parties". The operational commitments delineated in this
MOU become effective , superseding the previous operational
commitments that were effective September 1, 2009.
II. DEFINITIONS
Commercial establishment: Any structure used or constructed for use for
business operations. For purposes of this MOU, hotels and motels are
commercial establishments. The term "commercial establishment" shall not
include any residential unit or multi-family residential establishment.
Department: The Miami-Dade County Department of Solid Waste
Management.
Modified recycling program: An operation, approved by the Department,
which provides for the recycling of recyclable material by a method varying from
the requirements of Section 15-2.2 or Section 15-2.3 of the Miami-Dade County
Code (Code) as provided in section 15-2.4 of the Code. (All attached as Exhibit
"A").
Multi-family residential establishment: Any structure other than a residential
unit which is used, or constructed for use, as a multiple-dwelling facility. Multi-
family residential establishments shall include without limitation, rooming house,
tourist court, trailer park, bungalow court, apartment building with rental or
cooperative apartments, or multiple story condominiums with common means of
ingress and egress.
* A property of 4-units or more in the unincorporated area of Miami-Dade
County is considered to be a multi-family residential establishment.
Recyclable material: Any material which is capable of being recycled and
which, if not recycled, would be processed and disposed of as solid waste. The
term "recyclable material" shall include green glass, brown glass and clear glass;
aluminum and steel cans and scrap metal; plastic containers, mixed paper,
newspaper, corrugated cardboard, office paper, and phonebooks. Any recyclable
material mixed with solid waste shall be considered to be solid waste.
1
239
Recycling container: Receptacle used for recyclable material.
Recycling program: An operation which provides for the separate gathering,
storage, collection and marketing of recyclable material.
Recycling services: Business activities related to the buying, selling, trading,
marketing, transferring, separating, collecting or processing of recyclable
material. Such service shall include the proper handling and disposal of any
portion of collected recyclable material deemed unusable or unmarketable.
Ill. BACKGROUND AND SCOPE
Sec. 15-2.5. of the Code states that the provisions of Sections 15-2.2, 15-2.3
and 15-2.4, designated on the attachment (Exhibit "A"), shall apply to the
incorporated and unincorporated areas, and shall be enforced by Miami-Dade
County unless the County and the city agree, in writing, that the city shall enforce
this ordinance within the municipality or that the city is operating a recycling
program that meets the minimum standards. Any municipality may establish and
enforce its own ordinance provided such ordinance is equivalent to or more
stringent than the provisions of this ordinance.
This MOU provides several purposes, first, it fulfills the requirement of Section
15-2.5 of the Code, secondly, it improves communication between the parties,
and thirdly, it establishes jurisdictional responsibility that will improve utilization
of enforcement resources.
IV. TERM
This MOU is valid for an indefinite period of time between the parties. Any
changes to the term of this agreement must be done with the mutual consent of
the parties.
V. AMENDMENTS TO THE CODE
This MOU is based on the current Code of Miami-Dade County. Any future
alteration, modification, or amendments to the Code shall be communicated in
writing. Any municipality may establish and enforce its own ordinance provided
such ordinance is equivalent to or more stringent than the provisions of this
ordinance.
2
240
VII. ENFORCEMENT AGREEMENT AND EXECUTION OF MOU
(Select one of the following options.)
a. The Municipality hereby agrees that the Department shall enforce the
ordinance within its boundaries.
Municipality Designee (Initials): ___ _
Miami-Dade County Public Works and Waste Management Department
Designee (Initials): __ _
b. The Municipality shall enforce this ordinance within its boundaries.
Municipality Designee (Initials): ___ _
Miami-Dade County Public Works and Waste Management Department
Designee (Initials):,~--
c. The Municipality is operating a recycling program that meets the minimum
standards.
Municipality Designee (Initials): ___ _
Miami-Dade County Public Works and Waste Management Department
Designee (Initials):, __ _
Wherefore the Parties have hereunto set their hands this ___ d,ay of
___ ,20_
Municipality: _________ _
Print: __________ _
Designee
Signature: __________ _ Date: --------Designee
Miami-Dade County Public Works and Waste Management Department
Print: -------------Designee
Signature: _________ _ Date: --------Designee
3
241
. Miami-Dade County
Multi-Family and Commercial Recycling Memorandum Of
Understanding
EXHIBIT
A
242
Chapter 15 SOLID WASTE MANAGEMENT* Page 1 of3 Sec. 15-2.2. Recycling programs required for multi-family residential establishments. (a) No later than nine (9) months from the effective date of Ordinance Number 91·123, every multi-family residential establishment shall provide for a recycling program which shall be serviced by a permitted hauler or the appropriate governmental agency and shall Include, at a minimum, the five (5) materials listed in Section 15-2.2 below. Recyclable Materials: Multi-family (1) Newspaper (2) Glass (flint, emerald, amber) (3) Aluminum cans ( 4) Steel cans (5) Plastics (PETE, NOPE-natural, HOPE colored) (b) The failure of a multi-family residential establishment to provide a recycling program or a modified recycling program pursuant to Section 15-2.4 hereof shall constitute a violation of this section for which the property owner(s) shall be liable, provided, however, that in the case of a condominium or cooperative apartment having a condominium association or cooperative apartment association, N said association, rather than individual unit owners, shall be liable for any such violation. ~ w (Ord. No. 91-123, § 4, 10-15-91) Sec. 15-2.3. Recycling programs required for commercial establishments; joint and several liability. (a) No later than nine (9) months from the effective date of Ordinance Number 91-123, every commercial establishment shall provide for a recycling program which shall be serviced by a permitted hauler or the appropriate governmental agency and shall include a minimum of three (3) materials of Its choice selected from the list provided in Section 15-2.3 below. Recyclable Materials: Commercial Establishments (1) High grade office paper (2) Mixed paper (3) Corrugated cardboard (4) Glass (flint, emerald, amber) (5) Aluminum (cans, scrap) (6) Steel (cans, scrap) http://library6.municode.com/default-test/DocView/10620/1/253 2127/2009
N ~ ~ Chapter 15 SOLID WASTE MANAGEMENT* (7) Other metals/scrap production materials (8) Plastics (PETE, HOPE-natural, HOPE-colored) (9) Textiles (10) Wood Page 2 of3 (b) The failure of a commercial establishment to provide a recycling program or a modified recycling program pursuant to Section 15·2.4 hereof shall constitute a violation of this section for Which the property owner and the owner(s) and operator(s) of the commercial establishment shall be jointly and severally liable. (Ord. No. 91-123, § 5, 10-15-91) Sec. 15·2.4. Modified recycling programs allowed. (a) Recycling programs which Incorporate modifications, substitutions or reductions to the requirements of Sections 15-2.2 and 15· 2.3 may be submitted to the Department for approval. Approval, rejection, or approval with conditions of the proposed modified recycling program shall be determined by the Department. The Department shall consider the following factors in evaluating the proposed modified recycling program: (1) Whether the establishment operates a recycling program, and is self-hauling the materials to a recyclable material vendor. (2) Whether the establishment generates a lesser number of recyclable materials than the required minimum. {3) Whether the establishment generates and recycles materials not listed In Section 15-2.2 or Section 15·2.3 hereof, as applicable. {4) Whether the establishment is contracting with a permitted private hauler for collection services, which services provide for a post-collection separation of recyclable material, and which: (i) Generate recyclable materials which comply, in kind and quantity, with the recycling requirements provided for in Section 15-2.2 or Section 15-2.3 hereof, as applicable; and (li) Utilize a materials separation facility which is permitted in accordance with all applicable federal, State and local laws. (b) Any person seeking approval of a modified recycling program shall submit an application In such form as is prescribed by the Department. All modified recycling programs shal~ be reviewed on a semiannual basis and applicants shall be required to confirm or revise the information contained In their applications at that time. An application for approval of a modified recycling program shall include, but not be limited to, the following documentation, as appropriate to the specific application: http:/ llibrary6.municode.com/default-test/Doc View/1 0620/11253 2/27/2009
N ~ CJ1 Chapter 15 SOLID WASTE MANAGEMENT* Page 3 of3 (1) Supporting documentation to evidence self-haul activities, which shall include proof of source-separation activities and copies of receipts from recyclable material purchasers. (2) A waste compositio~ study of the waste generated by the applicant, which shall cover a representative time period of no shorter than one (1) week. (3) A copy of the applicable contract with a post-collection separation facility, specifying materials and volumes recycled which are attributable to the applicant. (Ord. No. 91-123, § 6, 1 0-15-91) Sec. 15-2.5. Applicability. The provisions of Sections 15-2.2, 1!;)-2.3 and 15-2.4 shall apply to the incorporated and unincorporated areas, and shall be enforced by Miami-Dade County unless the County and the city agree, In writing, that the city shall enforce this ordinance within the municipality or that the city is operating a recycling program that meets the minimum standards. Any municipality may establish and enforce its own ordinance provided such ordinance is equivalent to or more stringent than the provisions of this ordinance. (Ord. No. 91-123, § 7, 10-15-91) http://library6.municode.com/default-test/DocView/10620/1/253 · 2/27/2009
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246
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the
acceptance of $1,250 of sponsorships in support of the City's Community Development Week
activities, and further accepting future sponsorships for this purpose, subject to ratification by the
Mayor and City Commission; and authorizing the City Manager or his designee to make such
expenditures and/or reimbursements from the aforestated sponsorship, in furtherance of and
consistent with the aforestated event.
Key Intended Outcomes Supported:
1. Increase access to workforce or affordable housing. 2. Improve the lives of elderly residents. 3.
Enhance learning opportunities for youth. 4. Reduce the number of homeless. 5. Ensure safety and
appearance of building structures and sites.
Supporting Data (Surveys, Environmental Scan, etc): Based on the 2009 Customer Satisfaction
Survey: 17.5% of businesses feel that lack of workforce housing is one of their most important
challenges; 80% of residents 65-years or older rated City response to expectations as good or
excellent; 65% of households with children rated the City support of youth progams as good or
excellent; 43.6% of residents responded favorably to the City's handling of homelessness; 64% of
residents felt that code enforcement was acceptable.
Issue:
Shall the City adopt a resolution authorizing the acceptance of sponsorships made to the City for
Community Development Week events and further accepting future sponsorships for this purpose,
subject to ratification by the Mayor and City Commission?
Item Summary/Recommendation:
As part of the City's recognition of National Community Development Week, the City provides interested
parties with a tour of programs and projects funded by the CDBG program. In order to offset the City's
costs to provide the tour and subsequent refreshments, donations are sought from community
organizations. The following entities have made contributions and became sponsors of Community
Development Week this year: Big Bus Miami (in kind), Simply Healthcare ($250), TD Bank ($500) and
Total Bank ($500}.
The Administration recommends that the Mayor and the City Commission authorize the acceptance
of sponsorships for CD Week events.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of
Funds:
~ ~
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Anna Parekh X7260
AP
T:\AGENDA\2012\6-6-1
MIAMI BEACH
247
AGENDA ITEM _C-=-· -!:-7...:...P __
DATE 6-6-/Z.
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: June 6, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF $1,250 OF
SPONSORSHIPS SUPPORT OF THE CITY'S COMMUNITY DEVELOPMENT
WEEK ACTIVITIES, AND FURTHER ACCEPTING FUTURE SPONSORSHIPS
FOR THIS PURPOSE, SUBJECT TO RATIFICATION BY THE MAYOR AND
CITY COMMISSION; AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO MAKE SUCH EXPEDITURES AND/OR REIMBURSEMENTS
FROM THE AFORESTATED SPONSORSHIP, IN FURTHERANCE OF AND
CONSISTENT WITH THE AFORESTATED EVENT.
ADMINISTRATION RECOMMENDATION
Adopt a Resolution.
BACKGROUND
The week of April 9 through April 14, 2012 was designated as National Community
Development Week by the National Community Development Association to celebrate the
Community Development Block Grant (CDBG) program. The CDBG program has as its
primary objective the development of viable urban communities by providing decent housing,
a suitable living environment and expanding economic opportunities, principally for persons
of low-and moderate-income.
The City of Miami Beach receives a direct allocation from CDBG program annually to
provide resources that developed a strong collaborative network of relationships with its
residents and many nonprofit agencies that provide services and help make possible the
City's commitment to its neighborhoods. The CDBG program has had a significant impact on
the City of Miami Beach's local economy through job creation and retention, physical
redevelopment and improved local tax bases, with funds used for capital improvement,
housing, social services commercial revitalization, and residential rehabilitation programs.
The City recognizes that in our community and in communities throughout the nation, 34
years of CDBG program funding has developed a strong network of relationships among
local governments, residents, businesses, and non-profit organizations.
Customarily, the City of Miami Beach designates the identified week as "Community
Development Block Grant Week" in support of this valued program that has made a
248
Commission Memorandum
CD Week Sponsors
Page2of2
tremendous contribution to the viability of housing stock, infrastructure, public services and
economic vitality of our community.
As part of the City's recognition of National Community Development Week, the City
provides interested parties with a tour of City programs and projects funded by the CDBG
program. In addition to inviting our Mayor and Commissioners, other persons included US
HUD representatives, recipient agencies and City staff. In order to offset the City's costs to
provide the tour and subsequent refreshments, donations are sought from community
organizations.
The following entities have made contributions and became sponsors of Community
Development Week this year: Big Bus Miami (in kind), Simply Healthcare ($250), TD Bank
($500) and Total Bank ($500). A total of $1,250 in sponsorships were collected.
CONCLUSION
The Administration recommends that the Mayor and City Commission authorize the
acceptance of $1 ,250 in sponsorships in support City's Community Development Week
activities, and further accepting future sponsorships for this purpose, subject to ratification by
the Mayor and City Commission; and authorize the City Manager or his designee to make
such expenditures and/or reimbursement from the aforestated sponsorship funds collected,
in furtherance of and consistent with the aforestated event.
JMG/HF/AP/BG
T:\AGENDA\2012\6-6-12\CD Week Comm Memo.doc
249
RESOLUTION TO BE SUBMITTED
250
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving the renewal option provided for in the Management Agreement between the City of Miami
Beach and the Miami Beach Garden Conservancy for the management and operation of the Miami Beach Botanical
Garden; said renewal option extending the term of the Agreement for an additional five (5) years, commencing on
July 1, 2012 and ending on June 30,2017.
Key Intended Outcome Supported:
Ensure Well Maintained Facilities
Supporting Data (Surveys, Environmental Scan, etc.):
Based on 2009 CSS Survey, 85% of residents ranked the maintenance and appearance of the City's parks as
excellent and good. Renewal of the Miami Beach Garden Conservancy's Management Agreement, will insure the
Botanical Garden will be maintained to the City's high standard of excellence.
Shall the Mayor and City Commission approve the sole renewal option in in the Management Agreement between the
Ci and the Miami Beach Garden Conservanc for an additional five 5 ear term.
Item Summary/Recommendation:
On January 17, 2007, the Mayor and City Commission approved a Management Agreement with the Miami Beach
Garden Conservancy (the Conservancy) for the operation of the Botanical Garden, with an initial term of five (5)
years, commencing on July 1, 2007 and ending on June 30, 2012, with an option, at the City's sole discretion, to
renew and extend the Agreement for an additional five (5) year term.
The Conservancy's request to exercise its sole renewal option was initially discussed by the Finance and Citywide
Projects Committee at its meeting on April 19, 2012. However, since the Conservancy's request also included a
proposal to increase the rental rates at the Botanical Garden, as well as an additional request to amend the
Agreement to provide for a second renewal option for an additional five (5) years, commencing on July 1, 2017, the
Committee deferred the discussion to its Budget meeting(s) planned for June/July. Since the Committee wasn't
aware that the Management Agreement was set to expire on June 30, 2012, the item was brought back for
discussion at its meeting on May 17, 2012. The Committee subsequently recommended in favor of allowing the
Conservancy to exercise its sole renewal option, but withheld discussion on the proposed rate increase, until it had
an opportunity to evaluate the potential impact of the increased rates on the City's annual contribution to the
Conservancy's operations. The Committee also withheld discussion regarding amending the Conservancy's
Agreement to provide for a second renewal option.
In consideration of the Conservancy's efforts in establishing the Botanical Garden as a popular year-round cultural,
educational and recreational resource, as well as its track record of fiscal and operational stability, the Finance and
Citywide Projects Committee recommends approving the Conservancy's sole renewal option for an additional five (5)
year term, commencing on July 1, 2012 and ending on June 30, 2017.
Adviso Board Recommendation:
Finance & Citywide Projects Committee-April 19 & May 17, 2012-Recommendation to approve the
Conservanc 's sole renewal o tion.
Financial Information:
Source of Amount
Funds: 1
OBPI Total
Financial Impact Summary: N/A
Clerk's Office Le islative Trackin :
ent 0. Bonde, Redevelopment Coordinator Ext #6363
Si n-Offs:
Department Director
AP
T:\AGENDA\2012~une 06\Consent\Botanical
JMG:HMF:AP/KOB
MIAMI BEACH 251
Account
City Manager
JM
AGENDA ITEM ___;;;C;.._7,;,._,:,G_~--
DATE 6-6;../2-
lD MIAMI BEACH --=-
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager \v~
DATE: June 6, 2012 a-u
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE RENEWAL OPTION PROVIDED
FOR IN THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE MIAMI BEACH GARDEN CONSERVANCY FOR THE
MANAGEMENT AND OPERATION OF THE MIAMI BEACH BOTANICAL
GARDEN, EXTENDING THE TERM FOR AN ADDITIONAL FIVE (5) YEARS,
COMMENCING ON JULY 1, 2012 AND ENDING ON JUNE 30,2017.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On January 17, 2007, the Mayor and City Commission approved a Management Agreement
with the Miami Beach Garden Conservancy (the Conservancy) for the operation of the
Botanical Garden, with an initial term of five (5) years, commencing on July 1, 2007 and
ending on June 30, 2012, with an option, at the City's sole discretion, to renew and extend
the Agreement for an additional five (5) year term.
Since taking over the operations of the Botanical Garden in July, 1999, the Conservancy has
initiated extensive public outreach initiatives, educational programming, and has played an
important role in working with the City to plan and implement the recently completed and
much acclaimed renovation of the Botanical Garden, which included extensive new
landscaping, a new water feature, refurbishment of the existing fountain and a new
entryway. In addition and in order to offset costs associated with future phases of the Master
Plan that was approved by the City Commission on January 13, 2010, the City Commission
approved an amendment to the Management Agreement on June 1, 2011, to allow the
Conservancy to award naming rights to interior portions of the Botanical Garden, in
exchange for monetary contributions from private donors to fund the improvements.
The Conservancy's primary mission is to promote the Garden as a public amenity. This
strategy has proven effective. Today the Garden has achieved greater visibility, has
developed a strong base of members and supporters and is valued as a community partner
with dozens of organizations. The Conservancy's goal of increasing awareness and
providing free public access to the Botanical Garden has been a key ingredient in its
approach to welcoming community service organizations including, but, not limited to, the
Kiwanis, Rotary, Toastmasters, Surfrider Foundation, ECOMB, Ability Explosion, the City's
Beautification Committee, the Miami Beach Women's Conference, MBCDC, the Jewish
Film Festival, Save Dade, Miami Beach Chamber of Commerce, the Women's Film Festival,
the annual AIDS Walk and dozens of others. The Conservancy also conducts free daily
252
Miami Beach Commission Memorandum
Garden Conservancy Management Agreement Renewal Option
June 6, 2012
Page 2 of3
tours, hosts dozens of school group visits, accommodates arts organizations for music,
dance, art exhibits and theater and also hosts a children's art camp, which is keeping with
the City's objective of making the Botanical Garden avaifable to as many people and
programs as possible.
Historically, the City's annual contribution to the Conservancy comprises approximately 33%
of the Conservancy's income, with the balance derived from grants, donations,
memberships, event functions, and gift shop sales. It should be noted that since taking over
the Botanical Garden's operation, the Conservancy has also used its best efforts to increase
its private funding contributions towards the operation and maintenance of the facility,
resulting in the City being able to reduce its annual contribution by approximately 32% (from
$200,500 in FY 01/02 to $137,228 as of FY 10/11}, as reflected in the following schedule:
FY08/09 FY 09/10 FY 10/11 FY 11/12 Budget
Conservanc_y_lncome $212,450 $204,247 $250,727 $279,649
City Contribution $152,475 $152,475 $137,228 $137,228
Total Income $364,925 $356,722 $387,955 $416,877
Expenses ($386,109) ($355,805) ($332,602) ($416,877)
Net Income ($ 21,184} $ 917 $55,353 -$0-
It should further be noted that after several years of being subject to a series of destructive
weather events and the fact that insurance doesn't cover storm-related damage to
landscaping, the Conservancy has established a hurricane reserve account, which is
particularly timely and beneficial in light of the City's $1.2 Million investment in renovating the
Garden and will certainly offset any costs associated with having to replace downed trees
and any other damage to the property.
ANALYSIS
In order to see its Master Plan through to completion and to continue its mission of providing
quality horticultural, educational and volunteer-based programming initiatives, the
Conservancy asked to exercise its sole renewal option for an additional five (5) year term,
commencing on July 1, 2012 and ending on June 30, 2017. The Conservancy also
submitted proposed rental rate increases and a request for an additional five (5) year term at
the conclusion of the renewal period. At the March 21st City Commission Meeting, staff
placed a referral on the City Commission agenda for discussion and direction on these
requests.
The Conservancy's request to exercise its sole renewal option was initially discussed by the
Finance and Citywide Projects Committee at its meeting on April19, 2012. However, since
the Conservancy's request also included a proposal to increase the rental rates at the
Botanical Garden as well as an additional request to amend the Management Agreement to
provide for a second renewal option for an additional five (5) years, commencing on July 1,
2017, the Committee deferred the discussion to its Budget meeting(s) planned for June/July.
However, since the Committee wasn't aware that the Management Agreement was set to
expire on June 30, 2012, the item was brought back for discussion at its meeting on May
17, 2012. The Committee subsequently recommended in favor of allowing the Conservancy
to exercise its sole renewal option, but withheld discussion on the proposed rate increase,
until it had an opportunity to evaluate the impact of the rental rate increase on the City's
annual contribution to the Conservancy's operations. To this end, and in order to facilitate
253
Miami Beach Commission Memorandum
Garden Conservancy Management Agreement Renewal Option
June 6, 2012
Page 2 of3
the discussion, the Conservancy was asked to prepare income projections based on the
proposed rental rate increases. The Committee also withheld discussion regarding
amending the Conservancy's Agreement to provide for a second renewal option.
CONCLUSION
In consideration of the Conservancy's efforts in establishing the Botanical Garden as a
popular year-round cultural, educational and recreational resource, as well as its track record
of fiscal and operational stability, the Finance and Citywide Projects Committee
recommends approving the Conservancy's sole renewal option for an additional five (5) year
term. The issue of the proposed increased rental rates, and an additional five-year renewal
period, will be discussed by Committee during the budget meetings.
JMG/HMF/AP/KO~ T:\AGENDA\2012\6-6-12~"1anical Garden Memo1.doc
254
RESOLUTION NO. ____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE RENEWAL OPTION
PROVIDED FOR IN THE MANAGEMENT AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH AND THE MIAMI BEACH GARDEN
CONSERVANCY FOR THE MANAGEMENT AND OPERATION OF THE
MIAMI BEACH BOTANICAL GARDEN, EXTENDING THE TERM FOR AN
ADDITIONAL FIVE (5) YEARS, COMMENCING ON JULY 1, 2012 AND
ENDING ON JUNE 30,2017
WHEREAS, on January 17, 2007, the Mayor and City Commission approved a
Management Agreement with the Miami Beach Garden Conservancy (the Conservancy)
for the operation of the Botanical Garden (the Agreement), with an initial term of five (5)
years, commencing on July 1, 2007 and ending on June 30, 2012, with an option, at
the City's sole discretion, to renew and extend the Agreement for an additional five (5)
year term; and
WHEREAS, since taking over the operations of the Botanical Garden in July, 1999,
the Conservancy has initiated extensive public outreach initiatives, educational
programming, and has played an important role in working with the City to plan and
implement the recently completed and much acclaimed renovation of the Botanical
Garden, which included extensive new landscaping, a new water feature, refurbishment
of the existing fountain and a new entryway; and
WHEREAS, on June 1, 2011, the City Commission approved an amendment to the
Agreement, to allow the Conservancy to award naming rights to interior portions of the
Botanical Garden, in exchange for monetary contributions from private donors to fund
improvements associated with future phases of the Master Plan that was approved by
the City Commission on January 13, 201 0; and
WHEREAS, in order to see the Master Plan through to completion and to continue its
mission of providing quality horticultural, educational and volunteer-based programming
initiatives, the Conservancy has asked to exercise its sole renewal option provided for in
the Agreement.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Commission
hereby approve the renewal option provided for in the Management Agreement between
the City of Miami Beach and the Miami Beach Garden Conservancy for the management
and operation of the Miami Beach Botanical Garden, extending the term for an additional
five (5) years, commencing on July 1, 2012 and ending on June 30, 2017.
255
PASSED and ADOPTED this ___ day of ___ , 2012
ATTEST:
MAYOR
CITY CLERK
JMG/HMF/AP/KOB
T:\AGENDA\2012\6-6-12\Botanical Garden Reso.doc
256
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION ~-df,. 7\~'i-\(1/ ~~(t-Date
COMMISSION ITEM SUMMARY
Condensed Title:
Resolution Consenting to a Subconcessionaire Agreement of the Ice Cream Vending Component of the Concession
A reement between Bettoli Tradin Cor ., and the Cit , to Advance Ice Cream Co.
Key Intended Outcome Supported:
Increase resident satisfaction with the level of services and facilities.
Supporting Data (Surveys, Environmental Scan, etc.):
Approximately 40% of retail businesses surveyed, rank Miami Beach as one of the best places to do business and 61%
of the same group would recommend Miami Beach as a place to do business.
Issue:
I Should the City consent to authorizing the Concessionaire to enter into a subconcessionaire agreement?
Item Summary/Recommendation:
On May 3, 2012, the Mayor and City Clerk, pursuant to Resolution No. 2011-27776, executed a Concession Agreement
for Operation of Snack Machines between the City and Bettoli Trading Corp. (the "Concession Agreement"). The
Concession Agreement grants to Bettoli Trading Corp. (the "Concessionaire") the exclusive right to operate forty one
(41) snack vending machines, including eleven (11) ice cream vending machines, in specified locations throughout the
City. The Concession Agreement is for an initial term of five (5) years, commencing May 1, 2012 and ending April 30,
2017. Additionally, the City may extend the term of the Concession Agreement for five (5) additional one (1) year
terms, at the City's sole discretion.
Due to the requirement for specialized equipment, including refrigerated warehouses, trucks and vending machines,
Concessionaire, as contemplated in its original proposal to the City, has determined that a vending machine company
which specializes in ice cream products will be better equipped to more effectively service the ice cream vending
machines throughout the City. At this time, Concessionaire wishes to enter into a subconcessionaire agreement, which
is attached to the Commission Memorandum as "Attachment No. 1", with Advance Ice Cream Vending Co. for the ice
cream component only of the Concession Agreement. Pursuant to Section 15 of the Concession Agreement
(Assignment), transfer of all or any portion of the Concession Agreement, requires prior written consent of the City
Commission.
The Administration recommends allowing the Concessionaire to proceed in entering into a subconcessionaire
agreement as proposed, which will not affect, in any way, the revenue due to the City by Bettoli. All other terms and
conditions of the Concession Agreement will remain in full force and effect.
Advisory Board Recommendation:
Financial Information·
Source of Amount
Funds: N/A 1
Financial Impact Summary: N/A
Ci Clerk's Office le islative Trackin
Anna Parekh, Ext 7260
Si n-Offs:
Department Director
AP HF
MIAMI BEAC~57
Account
City Manager
AGENDA ITEM C 7l<
DA.TE 6-6-} Z,
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 3313-9, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Matti H. Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager (\ ~
June 6, 2012 U DATE:
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, CONSENTING TO A SUBCONCESSIONAIRE AGREEMENT OF
THE ICE CREAM VENDING COMPONENT ONLY OF THE CONCESSION
AGREEMENT BETWEEN BETTOLI TRADING CORP., AND THE CITY, TO ADVANCE
ICE CREAM VENDING CO.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
Increase resident satisfaction with level of services and facilities.
BACKGROUND
On October 19, 2011, the Mayor and the City Commission adopted Resolution No. 2011-27776, accepting
the recommendation of the City Manager pertaining to the ranking of proposals pursuant to Request for
Proposals (RFP) No. 44-10/11, for the operation of snack vending machine concessions at various City-
owned properties and facilities; authorizing the administration to enter into negotiations with the top-ranked
proposer, Bettoli Trading Corp; and further authorizing the Mayor and City Clerk to execute an agreement
upon conclusion of successful negotiations by the Administration.
The Mayor and City Clerk executed a Concession Agreement for Operation of Snack Machines between
the City and Bettoli Trading Corp. on May 3, 2012 (the "Concession Agreement"). The Concession
Agreement grants to Bettoli Trading Corp. (the "Concessionaire") the exclusive right to operate a total of
forty one (41) vending machines, including twenty eight (28) snack machines, eleven (11) ice cream
machines and two (2) combo machines, in specified locations throughout the City. The Concessionaire is
required to pay to the City an amount equal to twenty percent (20%) of the annual Gross Metered Receipts,
with an annual Minimum Guarantee of $12,000 for this volume of machines. The Concession Agreement is
for an initial term of five (5) years, commencing May 1, 2012 and ending April 30, 2017. Additionally, the
City may extend the term of the Concession Agreement for five (5) additional one (1) year terms, at the
City's sole discretion.
ANALYSIS
Due to the requirement for specialized equipment, including refrigerated warehouses, trucks and vending
machines, the Concessionaire, as contemplated in its original proposal to the City, has subsequently
determined that a vending machine company which specializes in ice cream products will be better
258
Commission Memo Subconcessionaire Agreement
June 6, 2012
Page 2of2
equipped to more effectively service the ice cream vending machines throughout the City, as contemplated
in the Concession Agreement. At this time, the Concessionaire wishes to enter into a subconcessionaire
agreement with Advance Ice Cream Vending Co. for the ice cream component only of the Concession
Agreement. Pursuant to Section 15 of the Concession Agreement (Assignment), the transfer of all or any
portion of the Concessionaire's obligations pursuant to the Concession Agreement, requires prior written
consent of the City Commission.
The proposed subconcessionaire agreement, which is attached hereto as Attachment No. 1, will not affect,
in any way, the percentage of Gross Metered Receipts due to the City from the Concessionaire, including
the $12,000 Minimum Guarantee, as this Minimum Guarantee incorporated the ice cream machines to be
provided and serviced by the subconcessionaire in its calculations. All other terms and conditions of the
Concession Agreement will remain in full force and effect.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution consenting to
the Concessionaire's request to enter into a subconcessionaire agreement with Advance Ice Cream
Vending Co. for purposes of providing the ice cream vending services required under the Concession
Agreement.
JMG\HMF\AP\MM
Attachment
T:\AGENDA\2012\6-6-12\Bettoli Trading Corp. Subconcessionaire Agreement MEMO (5-23-12).doc
259
RESOLUTION NO.--------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, CONSENTING TO A SUBCONCESSIONAIRE AGREEMENT OF THE
ICE CREAM VENDING COMPONENT ONLY OF THE CONCESSION AGREEMENT
BETWEEN BETTOLI TRADING CORP., AND THE CITY, TO ADVANCE ICE CREAM
VENDING CO.
WHEREAS, on October 19, 2011, the Mayor and the City Commission adopted Resolution No. 2011-
27776, accepting the recommendation of the City Manager pertaining to the ranking of proposals pursuant to
Request for Proposals (RFP) No. 44-1 0/11, for the operation of snack vending machine concessions at various
City-owned properties and facilities; authorizing the administration to enter into negotiations with the top-ranked
proposer, Bettoli Trading Corp; and further authorizing the Mayor and City Clerk to execute an agreement upon
conclusion of successful negotiations by the Administration; and
WHEREAS, the Mayor and City Clerk executed a Concession Agreement for Operation of Snack Machines
between the City and Bettoli Trading Corp. (the "Concessionaire") dated May 3, 2012 (the "Concession
Agreement"); and
WHEREAS, the Concession Agreement is for an initial term of five (5) years, commencing May 1, 2012 and
ending Apri130, 2017, and may be extended for five (5) additional one (1) year terms, at the City's sole discretion;
and
WHEREAS, the Concession Agreement grants to Concessionaire the exclusive right to operate forty one
(41) snack vending machines, including eleven (11) ice cream vending machines, in specified locations throughout
the City; and
WHEREAS, due to the requirement for specialized equipment, including refrigerated warehouses, trucks
and vending machines, Concessionaire, as contemplated in its original proposal to the City, has determined that a
vending machine company which specializes in ice cream products will be better equipped to more effectively
service the ice cream vending machines throughout the City; and
WHEREAS, at this time, Concessionaire wishes to enter into a subconcessionaire agreement with Advance
Ice Cream Vending Co. for the ice cream component only of the Concession Agreement; and
WHEREAS, pursuant to Section 15 of the Concession Agreement (Assignment), transfer of all or any
portion of the Concession Agreement, requires prior written consent of the City Commission; and
WHEREAS, the Administration recommends allowing the Concessionaire to proceed in entering into a
subconcessionaire agreement as proposed, which will not affect, in any way, the revenue due to the City by the
Concessionaire; and
WHEREAS, all other terms and conditions of the Agreement will remain in full force and effect.
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 consent to a subconcessionaire agreement
ofthe ice cream vending component only ofthe concession agreement between Bettoli Trading Corp., and the City,
to Advance Ice Cream Vending Co.
PASSED and ADOPTED this 6th day of June, 2012.
ATTEST:
Rafael Granado, CITY CLERK
T:\AGENDA\2012\6-6-12\Betto/i Trading Corp. Subconcessionaire Agreement RESO (5-23-12).d
260
APPROVED AS TO
FORM & LANGUAGE
ECUTION
?()o \'1--
p Date
Subconcessionaire Agreement
This Subconcessionaire Agreement (this "Contract") is made effective as of 2012 by and between
Bettoli Trading Corp. of6095 NW 167th street Ste D4 Miami, FL. 33015, and Advance Ice Cream Vending Co. of2672 W
60th street, Hialeah, FL. 33016. In this Contract, the party who is contracting to receive services will be referred to as
"Bettoli," and the party who will be providing the services will be referred to as "Advance."
1. DESCRIPTION OF SERVICES. Beginning on 2012, Advance will provide to Bettoli
the services (collectively The Scope of Services) described in the "CONCESSION AGREEMENT BY AND
BETWEE CITY OF MIAMI BEACH, FLORIDA AND BETTOLI TRADING CORP. FOR OPERATION OF
SNACK MACHINE CONCESSIONS AT VARIOUS LOCATIONS ON CITY OF MIAMI BEACH PROPERTIES
PURSUANT TO REQUEST FOR PROPOSALS #44-10/11" dated May 3'd 2012, (hereinafter called "The
Concessions Agreement") attached as "Exhibit 1", as they apply to the Ice Cream Vending Machines and ONLY
to the Ice Cream Vending Machines.
Bettoli will remain the contact to the city for all parts of the contract as well as all financial responsibilities and
reports. All communications to the city should be channeled thru Bettoli.
2. COMPLETION DATE. All "Scope of Services" shall be perform until the "Operation of Snack Machine
Concessions at various city locations on city of Miami Beach Properties" agreement is terminated or on April 30th
2017.
3. PAYMENT FOR SERVICES. In exchange for the Services Advance will pay Bettoli 25% of all sales receive by
the Ice Cream Vending Machines + Sales Tax. Advance will accept all financial responsibility for any work
performed by Advance that is not covered in this agreement or that is not approved by Bettoli. Bettoli will continue
to be responsible for the payments to the city at the rates and guarantees specified on the Exhibit 1 The Concessions
Agreement
All Payments must be accompanied by the detailed sales data from the machines.
4. TERM. This Contract will terminate automatically upon the city of Miami Beach terminating the Operation of
Snack Machine Concessions at various city locations on city of Miami Beach Properties" agreement.
5. RELATIONSHIP OF PARTIES. It is understood by the parties that Advance is an independent contractor with
respect to Bettoli, and not an employee of Bettoli. Bettoli will not provide fringe benefits, including liability,
workman's compensation, health insurance benefits, paid vacation, or any other employee benefit, for the benefit of
Advance.
6. CONFIDENTIALITY. Advance, and its employees, agents, or representatives will not at any time or in any
manner, either directly or indirectly, use for the personal benefit of Advance, or divulge, disclose, or communicate
in any manner, any information that is proprietary to Bettoli. Advance and its employees, agents, and
representatives will protect such information and treat it as strictly confidential. This provision will continue to be
effective after the termination of this Contract.
Upon termination of this Contract, Advance will return to Bettoli all records, notes, documentation and other items
that were used, created, or controlled by Advance during the term of this Contract.
7. INDEMNIFICATION. Advance agrees to indemnifY and hold Bettoli harmless from all claims, losses, expenses,
fees including attorney fees, costs, and judgments that may be asserted against Bettoli that result from the acts or
omissions of Advance and/or Advance's employees, agents, or representatives.
Advance will provide the city of Miami Beach and Bettoli Vending Certificates of insurance as require by the city of
Miami Beach on The Concessions Agreement · ,.
8. WARRANTY. Advance shall provide its services and meet its obligations under this Contract in a timely and
workmanlike manner, using knowledge and recommendations for performing the services which meet generally
acceptable standards in Advance's community and region, and will provide a standard of care equal to, or superior
to, care used by service providers similar to advance on similar projects.
ATTAC~'If~T No.1
9. CONDUCT AND APPEARANCE. Advance, and all its employees, agents, or representatives shall conduct
themselves in a professional manner at all times while Bettoli Vending. Appearances by Advance's workers shall
meet the guidelines set forth by Bettoli. (i.e. No T -shirts with offensive language or symbols, No wearing of any
garments or hat that bears the name or trademark of any company that might be in competition with Bettoli).
10. INJURIES. Advance acknowledges Advance's obligation to obtain appropriate insurance coverage that meets or
exceeds the limits require by the city of Miami Beach for the benefit of Advance (and Advance's employees, if any).
Advance waives any rights to recovery from Bettoli for any injuries that Advance (and/or Advance's employees)
may sustain while performing services under this Agreement and that are a result of the negligence of Advance or
Advance's employees.
11. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults
by failing to substantially perform any provision, term or condition of this Contract (including without limitation the
failure to make a monetary payment when due), the other party may terminate the Contract by providing written
notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party
receiving such notice shall have 5 working days from the effective date of such notice to cure the default(s). Unless
waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the
automatic termination of this Contract.
12. ENTIRE AGREEMENT. This Contract includes all clauses that pertain to ice cream vending machines contained
within the "Operation of Snack Machine Concessions at various city locations on city of Miami Beach Properties"
agreement.
13. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the
remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is
invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such
provision will be deemed to be written, construed, and enforced as so limited.
14. AMENDMENT. This Contract may be modified or amended in writing, if the writing is signed by the party
obligated under the amendment.
15. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of Florida.
16. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if
delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or
to such other address as one party may have furnished to the other in writing.
17. ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-
assigning party and the city of Miami Beach Commission.
18. CANCELATION. Bettoli may cancel this agreement by providing a 30 days cancelation letter to Advance via
Certified Mail.
19. CITY APPROVAL. This contract is subject to be approved by the city ofMiami Beach.
Bettoli
By: Date: -------
Maurizio Bettoli I Director
Advance
By: Date: -------
2
262
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Approving $9,350 for
the City's Joint Tourism and Hospitality Scholarship Program in partnership with Global Spectrum and
Centerplate; and further awarding said scholarships.
Key Intended Outcome Supported:
Maximize Miami Beach as a Brand Destination.
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey reported
69.2% of resident respondents feel the tourism industry contributes "about the right amount" to the quality of
life, while 13.3% indicated the tourism industry contributes "too little" to the quality of life.
Issue:
Shall the City Commission appropriate funding for the award of Tourism and Hospitality Scholarships?
Item Summary/Recommendation:
The City of Miami Beach Tourism and Hospitality Scholarship Program began in 2003 in partnership with
the Greater Miami Convention and Visitors Bureau (GMCVB), SMG and Centerplate. Contributions to the
City's scholarship program were contractually required of the three (3) entities. During the GMCVB's
contract renewal in 2004, the requirement was removed from their contract. As you know, in September of
2008, the City replaced SMG with Global Spectrum. Global Spectrum and Centerplate currently partner
with the City on this program and contribute $12,500 and $20,000 respectively annually. There is also a
carry forward balance of $57,350 from 2011. Therefore, the City currently has $89,850 available for this
scholarship program. After the 2012 awards are made, there will be $80,500 (plus future contributions)
available.
The scholarship program is geared toward Miami Beach residents or graduates of Miami Beach Senior
High School who are enrolled or are planning to enroll in post-secondary education and have expressed
interest in the food and hospitality industry (as demonstrated by coursework and extracurricular activities).
Since the inception of the program, $214,500, which includes the current scholarship recommendation of
$9,350, has been awarded to more than 41 different Miami Beach students. There are six (6) scholarship
awards recommended.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount Account
~ 1 $9,350 199.6025.000343
2
3
p Total $9,350 199.6025.000343
Financial Impact Summary: Funding for this is provided by Global Spectrum and Centerplate and
was appropriated in the FY 11/12 budget.
Clerk's Office le islative Trackin :
MIAMI BEACH 263
AGENDA ITEM C 7$
DATE (;-6 -12..
/\ h. I f r/ ·~
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
City Manager Jorge M. Gonzalez ~
June 6, 2012 0 U
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE APPROVAL AND EXPENDITURE OF $9,350
FOR THE CITY'S JOINT TOURISM AND HOSPITALITY SCHOLARSHIP PROGRAM IN
PARTNERSHIP WITH GLOBAL SPECTRUM AND CENTERPLATE; AND FURTHER
AWARDING SAID SCHOLARSHIPS.
RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding is available in account 199.6025.000343 provided by Global Spectrum and Centerplate as per their
agreements with the City and was appropriated in the FY 11/12 budget.
BACKGROUND
The City of Miami Beach Tourism and Hospitality Scholarship Program began in 2003 in partnership with
the Greater Miami Convention and Visitors Bureau (GMCVB), SMG and Centerplate. Contributions to the
City's scholarship program were contractually required of the three (3) entities. During the GMCVB's
contract renewal in 2004, the requirement was removed from their contract. As you know, in September of
2008, the City replaced SMG with Global Spectrum. Global Spectrum and Centerplate currently partner with
the City on this program and contribute $12,500 and $20,000 respectively annually. There is also a carry
forward balance of $57,350 from 2011. Therefore, the City currently has $89,850 available for this
scholarship program. After the 2012 awards are made, there will be $80,500 (plus future contributions)
available.
The scholarship program is geared toward Miami Beach residents or graduates of Miami Beach Senior High
School who are enrolled or are planning to enroll in post-secondary education and have expressed interest
in the food and hospitality industry (as demonstrated by coursework and extracurricular activities). To be
eligible for the scholarships, applicants must meet the following, minimum criteria:
• High School Diploma or Equivalent (Presumed in Seniors)
• United States resident, citizen or visiting student with valid student visa for college
admission
• Enrollment in post-secondary education institution
• Interest expressed in the food and hospitality industry
• Minimum 2.5 (un-weighted Grade Point Average)
• Application completed accurately
• Two letters of recommendation
• Certified copy of school transcript or credit history form
• Resume attached
• Copy of lease, utility bill or other residency proof
• Copy of birth certificate, Social Security Card, Resident Alien Card or valid student visa
• Additional support material representing service
264
Page 2 of2
Hospitality Scholarships
The level of funding allocated to an eligible applicant is based on several criteria, with a maximum award of
$2,300 possible. The five (5) funding allocation categories and criteria are as follows:
ACADEMICS INCOME APPLICATION STATUS
GPA: 2.5 -2.999 $ 150 $30,001 + $ 150 3RDTIMEAPP $ 100
GPA: 3.0-3.499 $ 300 $15,001 -$30,000 $ 300 2NDTIMEAPP $ 200
GPA: 3.5 + $ 500 $0-$15,000 $ 500 1STTIMEAPP $ 300
UNIVERSITY/COLLEGE FIELD OF STUDY
PUBLIC $ 250 RELATED FIELD $ 250
PRIVATE $ 500 TOURISM/HOSP $ 500
Since the inception of the program, $214,500, which includes the current scholarship recommendation of
$9,350, has been awarded to more than 41 different Miami Beach students.
ANALYSIS
There were a total of six (6) applications submitted this year. All applicants were deemed eligible. The
applications are reviewed by a representative of Global Spectrum, Centerplate and the City.
Based on the aforementioned funding allocation criteria, all six (6) applicants for this year's scholarship
program were recommended for scholarship award, as follows:
Francheska Salguero
Davonte Duverne
Ashley Carr
Marlena Dziechiarska
Leidy Lorenzo:
Melanie Veizaga:
TOTAL:
$1,850
$1,500
$1,500
$1,650
$1,300
$1,550
$9,350
Three (3) of the recommended recipients are currently students graduating from Miami Beach Senior High
School and will be attending college next school year. The other three (3) recommended recipients are
currently attending Miami Dade College and are pursuing careers in tourism and hospitality. They are all
residents of the City and/or attend(ed) Miami Beach Senior High School.
CONCLUSION
The City Administration recommends authorizing the expenditure of $9,350 in support of the Tourism and
Hospitality Scholarship Program, and further recommends approval of the aforementioned scholarships.
JMG\HMF\MAS
T:\AGENDA\2012\6-6-12\Hospitality Scholarships.MEM.doc
265
RESOLUTION NO., ____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE APPROVAL AND
EXPENDITURE OF $9,350 FOR THE CITY'S JOINT TOURISM AND
HOSPITALITY SCHOLARSHIP PROGRAM IN PARTNERSHIP WITH
GLOBAL SPECTRUM AND CENTERPLATE; AND FURTHER AWARDING
SAID SCHOLARSHIPS.
WHEREAS, the City of Miami Beach Tourism and Hospitality Scholarship Program began in
2003 in partnership with the Greater Miami Convention and Visitors Bureau (GMCVB), SMG and
Centerplate; and
WHEREAS, Global Spectrum and Centerplate currently partner with the City on this program;
and
WHEREAS, Global Spectrum contributes $12,500 annually and Centerplate contributes
$20,000 annually; and
WHEREAS, the scholarship program is geared toward Miami Beach residents or graduates of
Miami Beach Senior High School who are enrolled or are planning to enroll in post-secondary
education and have expressed interest in the food and hospitality industry (as demonstrated by
coursework and extracurricular activities); and
WHEREAS, the City Administration recommends approval of $9,350 in support ofthe Tourism
and Hospitality Scholarship Program and further recommends approval of the aforementioned
scholarships.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, authorize the approval and expenditure of $9,350 for
the City's joint Tourism and Hospitality Scholarship Program in partnership with Global Spectrum and
Centerplate; and further awarding said scholarships.
PASSED AND ADOPTED this ___ day of------' 2012.
ATTEST: MAYOR:
CITY CLERK
JMG/HF/MS
T:\AGENDA \2012\6-6-12\Hospitality Scholarships.RESO.doc
266
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution accepting the recommendation of the Neighborhoods And Community Affairs Committee and approving the
substantive terms of a proposed lease agreement between the city and Temporary Entertainment, LLC, for the presentation of
"Orchid," a live theatrical and musical performance within a Spiegeltent, and the installation of ancillary food and beverage
services and entertainment areas, to be located at the Collins Park Spoil Area between 21 51 and 22"d streets, as more
specifically set forth in that certain draft agreement attached as Exhibit "A" to this Resolution; further authorizing the City
Manag_er to negotiate the final lease agreement with Temporary Entertainment LLC.
Key Intended Outcome Supported: ,,
Increase community ratings of cultural activities.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Survey, on average, residents attended
cultural activities 10.61 times per month and family friendly activities 7.19 times per month.
Issue:
Should the City enter into an agreement with Temporary Entertainment, LLC for a live theatrical and musical performance
within a Spiegeltent, and the installation of ancillary food and beverage services and entertainment areas, to be located at the
Collins Park Spoil Area between 21st and 22"d streets?
Item Summary/Recommendation:
The City's began researching a variety of cultural programs to bring to the City. The objective was to maintain the City's
cultural niche while differentiating ourselves from the mainland. Additionally, the Community Satisfaction Surveys repeatedly
revealed that residents desired more cultural activities. The City's TCD Department has identified Temporary Entertainment's
"Orchid" and it's Spiegeltents as a perfect match. "Orchid" is a circus themed cabaret show, featuring live amplified music,
acrobatics, variety performance, song, dance and comedy performed in a Spiegeltent. A second Spiegeltent houses a food and
beverage operation that will enhance and expand the experience in the performance venue. Both temporary structures would
be erected in the spoil area east of the parking lot between 21st and 22"0 Streets. You may recall that this same location was
used for another Spiegeltent show in 2008. The show will include two lead cabaret/burlesque roles (one female, one male) that
will be supported by a 'chorus' of four (4) female dancers and singers. This portion of the cast will weave the show together
with comedy vignettes, production numbers, song and dance and elaborate couture costumes. In addition to these lead and
supporting roles, "Orchid" will include five (5) circus/variety acts that will be integrated throughout the show, each with a distinct
orchid theme (from the dark and mysterious, to the rare and beautiful, to the light and colorful).
The proposed Show Schedule for "Orchid" (although subject to change) is proposed to run for twenty-one (21) weeks from
November 2012-March 2013. The Administration is still working with the Winter Music Conference and Art Basel to
determine their needs for2013. Proposed Hours of Operation are 12pm (Noon) to 12am (midnight) Sunday-Thursday, and
12pm (Noon) to 2 am Friday and Saturday. Temporary Entertainment is working to create a free children's entertainment
program and has created a resident and senior discount ticket program.
Advisory Board Recommendation:
At its regular meeting on May 22, 2012, the Neighborhoods and Community Affairs Committee approved the proposal with the
following caveats: Art Basel Miami Beach must have the right of first refusal to use the area if it so desires from November 26,
2012 through December 15, 2012, noise from the site must be strictly controlled, neighboring properties, as well as the Collins
Park Neighborhood Association, must be in agreement with the proposal, valet parking and a traffic plan must be provided.
Financial Information:
Financial Impact Summary: Temporary Entertainment, LLC has agreed to pay on a weekly fee of $3,000 dollars for
the first ten (1 0) weeks and $4,500 for remaining term of the lease (11 weeks), or collect a total of $79,500 for the run. This
represents additional revenues of more than $72,700 over the typical one-time payment of square footage fees for this
location . In addition Tem Entertainment LLC will also for
Clerk's Office Le islative Trackin :
Max Sklar, Tourism and Cultural Development Director
Si n-Offs:
T:\AGENDA \2007\oct1707\Consent\Spiegel Ret
MIAMI BEACH
267
AGENDA ITEM _e.;:__7:..........:..7_
DATE 6-ft, -f'l_.
C9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager ~
June 6, 2012 U U
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE NEIGHBORHOODS AND COMMUNITY AFFAIRS COMMITTEE AND
APPROVING THE SUBSTANTIVE TERMS OF A PROPOSED LEASE
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND TEMPORARY
ENTERTAINMENT, LLC, FOR THE PRESENTATION OF "ORCHID," A LIVE
THEATRICAL AND MUSICAL PERFORMANCE WITHIN A SPIEGELTENT,
AND THE INSTALLATION OF ANCILLARY FOOD AND BEVERAGE
SERVICES AND ENTERTAINMENT AREAS, TO BE LOCATED AT THE
COLLINS PARK SPOIL AREA BETWEEN 21 81 AND 22N° STREETS, AS
MORE SPECIFICALLY SET FORTH IN THAT CERTAIN DRAFT
AGREEMENT ATTACHED AS EXHIBIT "A" TO THIS RESOLUTION;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE
FINAL LEASE AGREEMENT WITH TEMPORARY ENTERTAINMENT LLC,
AND, IF SUCCESSFUL, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE THE AGREEMENT, SUBJECT TO AND
CONTINGENT UPON THE FOLLOWING CONDITIONS: 1) THE FINAL
VERSION OF THE LEASE SHALL BE SUBJECT TO REVIEW AND SIGN
OFF BY THE CITY ATTORNEY; AND 2) IN THE EVENT THAT THE CITY
AND TEMPORARY ENTERTAINMENT, LLC DEEM IT NECESSARY TO
INCLUDE ANY SUBSTANTIVE TERMS WHICH ARE NOT INCLUDED IN
THE ATTACHED DRAFT AGREEMENT, THEN, PRIOR TO FINALIZING THE
LEASE, THE CITY MANAGER SHALL BE REQUIRED TO REPORT SAME
TO THE CITY COMMISSION.
BACKGROUND
As you know, the Arsht Center for the Performing Arts (Arsht Center) opened in October
2006 which resulted in the larger, more traditional performing arts groups booking their
annual repertoire there. In light of this transition, the City's Tourism and Cultural
Development (TCD) Department began researching a variety of cultural programs to
bring to the City. The objective was to maintain the City's cultural niche while
differentiating ourselves from the mainland. Additionally, the Community Satisfaction
Surveys repeatedly revealed that residents desired more cultural activities. The City's
TCD Department has identified Temporary Entertainment's "Orchid" and it's Spiegeltents
as a perfect match for the City and is seeking input from the Neighborhoods and
Community Affairs Committee to determine if there is interest in negotiating a lease
agreement with them for a residency this winter in Miami Beach.
ANALYSIS
"Orchid" is a circus themed cabaret show, featuring live amplified music, acrobatics,
variety performance, song, dance and comedy performed in a Spiegeltent, one of the
early 20th Century portable pavilions with stained cut glass windows, velvet and brocade
tapestries, mirrored columns, ornate bar, circular teak dance floor and intimate booths.
268
Page 2 of 6
Temporary Entertainment, LLC-"Orchid"/Spiegeltent Lease Agreement
Commission Memorandum
June 6, 2012
A second Spiegeltent houses a food and beverage operation that will enhance and
expand the experience in the performance venue. The areas between the two
Spiegeltents will also be decorated to establish a rich and immersive entertainment
experience. Both temporary structures would be erected in the spoil area east of the
parking lot between 21st and 22"d Streets. You may recall that this same location was
used for another Spiegeltent show in 2008.
Temporary Entertainment has made arrangements to bring entertainment to Miami
Beach with its new show, "Orchid." Where possible, Temporary Entertainment will
source some of the cast of "Orchid" in Miami. Additionally, Temporary Entertainment
aims to showcase other local Miami talent by working with local presenters for other
possible events in the Spiegeltents. Temporary Entertainment will also work with the
City of Miami Beach to offer a selection of free children's programming on select
weekend days.
Temporary Entertainment is run by Marty LaSalle, a former star of the Big Apple Circus,
and noted architect David M. Schwarz (a part-time Miami Beach resident.) They bring a
wide set of skills and experiences in live entertainment production and management to
the company. In addition, Mr. LaSalle and Mr. Schwartz have engaged leading
management and creative talent for this project, including:
• Steve Dixon, Creative Producer: Mr. Dixon has overseen the production and
operations of many large scale entertainment events, such as two of Britney
Spears' most recent tours, as well as the tours of Kylie Minogue, Justin
Timberlake, etc.
• William Baker, Director: Mr. Baker is a renowned fashion designer, stylist,
director and author. He has been the creative director for multiple Kylie Minogue
concerts and has worked with many other popular music stars. He also directed
the West End production of the "Hurly Burly Show."
• Wayne Cilento, Associate Director and Choreographer: One of Broadway's most
successful and prolific choreographers, Mr. Cilento originated the role "Mike" in
the show Chorus Line and has choreographed, among many others, Wicked,
Aida, and Sweet Charity.
• Robert Airhart, Tent Sourcing and Installation: Mr. Airhart runs the performing
arts center at Bard College in New York, and has operated numerous Spiegletent
shows in the past five (5) years.
• Union Square Events, Food and Beverage Development and Operations: As
noted below, Union Square Events, Danny Meyer's Company, is a premier food
and beverage service provider based in NYC.
This team had planned to present "Orchid" in New York this summer in association with
Friends of the High Line, the organization that founded and operates the elevated park
on Manhattan's West Side, but a Con Edison street construction project adjacent to their
performance site has forced them to postpone the NYC phase of this project until next
summer.
PROPOSAL SPECIFICS
As noted above, "Orchid" is a new circus-themed cabaret show that will feature circus,
variety, music and dance.
The show will include two lead cabaret/burlesque roles (one female, one male) that will
be supported by a 'chorus' of four (4) female dancers and singers. This portion of the
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Temporary Entertainment, LLC-"Orchid"/Spiegeltent Lease Agreement
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cast will weave the show together with comedy vignettes, production numbers, song and
dance and elaborate couture costumes. These numbers will be a combination of the old
and the new, taking inspiration from traditional burlesque; vaudevillian, Berlin cabaret,
the original Betty Page, and Gypsy Rose to Madonna, Lady Gaga, and other popular
music stars.
In addition to these lead and supporting roles, "Orchid" will include five (5) circus/variety
acts that will be integrated throughout the show, each with a distinct orchid theme (from
the dark and mysterious, to the rare and beautiful, to the light and colorful). Although the
specific acts are still to be confirmed, the acts will likely include a duo acrobatic hand
balancing act, a duo aerial act, a physical comedy number, a contortion act, and a
variety act such as roller-skating or some other unusual amazing feat. These acts will
do a stand-alone number but will also be integrated into the rest of the show with
choreography and staging throughout the tent. The show will be enhanced by a live
band of three -five musicians.
As a whole, the show will draw on inspiration from the likes of Moulin Rouge and other
European Variety traditions, the films of Fellini, Cirque du Soleil and many elements of
popular culture. The 'in-the-round' performance setting permits the experience to be
highly interactive and intimate, encouraging participation with both the performers and
other audience members.
Proposed Schedule
The proposed Show Schedule for "Orchid" (although subject to change) is proposed to
run from November 2012 -March 2013. The Administration is still working with the
Winter Music Conference and Art Basel to determine their needs for 2013. Temporary
Entertainment Has indicated they would vacate the site sooner if required by the City.
The following generally describes their desired weekly schedule:
Tuesday:
Wednesday:
Thursday:
Friday:
Saturday:
Sunday:
8PM
8PM
8PM and 10PM
8PM and 1 OPM (with a possible midnight show)
8PM and 1 OPM (with a possible midnight show)
6PM
The schedule for other shows and events, including free family-friendly children's
programming, may be presented in the venue and will be determined at a future date.
Hours of Operation
Proposed Hours of Operation are 12pm (Noon) to 12am (midnight) Sunday -Thursday,
and 12pm (Noon) to 2 am Friday and Saturday. Temporary Entertainment, LLC does
not currently have plans to program the early morning hours except for a midnight show
on Fridays and Saturdays. However, they would like the flexibility to do so during the
weekends.
Sound
The tent is soundly constructed with teak walls and floors. Temporary Entertainment
LLC will test the sound equipment to be sure there will be no issues with sound bleed to
neighborhoods. They will also have a certified sound engineer who will conduct tests
during opening week both on site and at a variety of locations in the neighborhood to
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ensure they are within acceptable sound levels.
Parking & Traffic Flow
In an attempt to minimize car traffic, their marketing and advertising campaign will
promote public transportation, walking or biking. They are also investigating the
possibility of providing valet services. Patrons who wish to drive will have access to
public parking adjacent to the site.
Economic Benefits
Rent -Traditionally, special events are charged a one-time square footage fee or a
concession fee (percentage of gross revenue). The choice of which to charge is typically
the one that is expected to generate the most income of the two for the City. Usually for
first-time or one-time events, the City will charge the square footage fee, since the
potential revenue of a first-time or one-time event is unknown for purposes of a
concession agreement. As a first-time event, and one that is also new to our area, the
City determined it to be in the City's best interest to charge per square foot rent instead
of sharing in gross concession revenue, as Miami Beach is a new market for "Orchid"
and the success of the show remains unknown. As noted, this event is also for a twenty-
one-week period of duration, longer than our typical special events. In an effort to attract
this programming to the city and minimize the potential risks for the City, as well as the
event organizers, a rental inducement is recommended to obtain a commitment from
Temporary Entertainment, LLC to bring their programming to Miami Beach. Temporary
Entertainment, LLC has agreed to pay the weekly fee of $3,000 dollars for the first ten
(10) weeks, and $4,500 for the remaining term of the lease (11 weeks), or pay a total of
$79,500 for the run. This represents additional revenues of more than $72,700 over the
typical one-time payment of square footage fees for this location (approximately $6,800).
In addition, Temporary Entertainment LLC will also pay for utility usage. The City will
review the results of the run at the end of the use period, and will consider the
concession revenues and other factors in determining use rates to be paid by Temporary
Entertainment LLC in any future years. This agreement in no way limits the ability of the
City to modify any future agreements relating to fees for use of the property, while
providing a fee structure that generates revenues for the City while attracting new and
unique cultural programming for our residents.
Use of Local Services-Temporary Entertainment LLC will contract the services of many
local service providers including: Marketing and Publicity Firms, Lighting, Sound and
Staging Rental Companies, Apartment Rentals, Security, Waste Management and an
events logistics firm. Temporary Entertainment will also source a large portion of its on-
site staff locally; this includes ushers, stage and production management team, box
office staff, walk-around entertainment, etc.
Food & Beverage -Temporary Entertainment's food and beverage partner is Danny
Meyer's Company, Union Square Events. Union Square Events is part of Union Square
Hospitality Group, owner and operator of New York's Union Square Cafe and Shake
Shack (among many others). The development and operations of Temporary
Entertainment's F&B program will be managed by Ron Parker, Managing Director of
Union Square Events. Union Square Events will engage local staff for the majority of its
F&B operations.
The Administration recommends that food and beverage service only be available when
there are performances or events scheduled, and that food and beverage service can
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June 6, 2012
only be provided one and one-half hours prior to the start of the first show and one hour
after the last show, daily.
Public Benefits
• Children's Programming -Temporary Entertainment LLC is working with the
Miami Beach Tourism and Cultural Development Department to create a free
children's entertainment program.
• Resident Ticket Program -Spiegelworld has agreed to provide residents of
Miami Beach with access to reduced price tickets (15%) throughout the entire run
of the show.
• Senior Ticket Program -Spiegelworld has agreed to provide senior residents of
Miami Beach with access to reduced price tickets (15%) during the season.
NEIGHBORHOODS AND COMMUNITY AFFAIRS COMMITTEE
At the regular Commission meeting on May 9, 2012, the Mayor and Commission
referred this proposal to the Neighborhoods and Community Affairs Committee for
discussion. At its regular meeting on May 22, 2012, the Neighborhoods and Community
Affairs Committee approved the proposal with the following caveats:
• Art Basel Miami Beach must have the right of first refusal to use the area if it so
desires from November 26, 2012 through December 15, 2012.
o As per the City's agreement with Art Basel, Art Basel must approve any
uses within the Art Basel Zone. Temporary Entertainment was advised of
this and has already begun discussions with Art Basel. Temporary
Entertainment understands that they may have to demobilize the event
site if Art Basel does not approve their use/activity during Art Basel Miami
Beach.
• Noise from the site must be strictly controlled.
o Temporary Entertainment understands that they must adhere to the noise
ordinance and fines may be imposed if they are found to be in violation.
• Neighboring properties, as well as the Collins Park Neighborhood Association,
must be in agreement with the proposal.
o The Roney Palace, Collins Park Neighborhood Association, Setai Hotel
W Hotel and Seagull Hotel have all been contacted and advised of the
proposed Orchid production. The only substantive concern expressed
was the potential for noise complaints by guests or residents, but all were
pleased with the potential of attracting more visitors to the Collins Park
area.
• Valet parking and a traffic plan must be provided.
o A valet and parking plan will be submitted as part of the special event
permit process and reviewed by city staff to ensure traffic flows smoothly.
Positive Impact on the Collins Beach Neighborhood
It is anticipated that "Orchid" and the Spiegeltents themselves will have a very positive
effect on the Collins Park area and the City of Miami Beach as a whole. The Collins
Park Neighborhood Association has been contacted and is in favor of this activity as
they feel it will enhance the area and attract more people.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of
Miami Beach, Florida adopt the Resolution and authorize the Administration to finalize
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the lease agreement with Temporary Entertainment, LLC as per the recommendation of
the Neighborhoods and Community Affairs Committee.
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N ...... 00 The Performance Venue: "A House of Mirrors and Attractions" rrnrorumr rmrrtmmnrnr. LLC The centerpiece of the installation will be a performance Spiegeltent-an elegant, tented venue, constructed in wood, steel and canvas and decorated with stained glass, mirrors, wood paneling and chandeliers. The venue has a central circular performance space (with a diameter of about 15 feet) as well as different levels of in-the-round seating with stand-alone seats in the first tier, and tables and booths in the second and third tiers. The tent is equipped with all of the necessary production equipment, including lighting, sound and staging/rigging equipment for a full scale theatrical show. Both air conditioning and heating allow the venue to be open all year round. This tent will be used to present a main show that will run for approximately 90 to 110 minutes and will be performed 8-10 times per performance week. It can also be used for additional events and activities.
N ...... (Q Orchid: ~~Moulin Rouge meets Cirque du Soleiln "Orchid" will include two lead cabaret/burlesque roles (one female, one male) that will be supported by a 'chorus' of 4 female dancers and singers. This portion of the cast will weave the show together with comedy vignettes, production numbers, song and dance and elaborate couture costumes. These numbers will be a combination of the old and the new, taking inspiration from traditional burlesque, vaudevillian, Berlin cabaret, the original Betty Page, and Gypsy Rose to Madonna, Lady Gaga, and other popular music stars. "Orchid" will include 5 circus/variety acts that will be integrated throughout the show, each with a distinct orchid theme (from the dark and mysterious, to the rare and beautiful, to the light and colorful). The show will draw on inspiration from the likes of Moulin Rouge and other European Variety traditions, the films of Fellini, Cirque du Soleil and many elements of popular culture. TEI1FOIUUU EfiTEnTJ1InTIEfiT. LLC 6
N 00 0 The Spiegeltent uwaffie House" and Ancillary Entertainment Area: In addition to the main show in the performance Spiegeltent, Temporary Entertainment will also create an ancillary entertainment area that will include food and beverage, merchandise, music, walk around entertainment and other attractions and events. The 'waffle tent,' pictured to the right, will complement the performance venue and permit an open-air gathering area. This part of the activation will allow the experience to be more interactive, sensory and experiential, helping to distinguish our event from other forms of live entertainment. We will partner with Danny Meyer's Company, Union Square Hospitality Group, a leading food and beverage service provider in New York to create a unique food and beverage experience that draws inspiration from both elements of the show and the culture of Miami Beach. TEI1FOitJinT EI1TLitTJiii1nEI1T. LLC 7
N 00 ~ CATERING CULTURE SPORTS EVENTS TETirOitfi.IU EnTEitTII.InTIEnT. LLC Setting the Table created exclusively for rrnrmu1.rn rmrrnmnnrm. me. Founded in 2005, Union Square Hospitality Group (USHG) launched Union Square Events to revolutionize the design and operations of catering, sports facilities, entertainment venues and large-scale special events for clients in search of unparalleled culinary and hospitality as a competitive point of distinction. Over the past two decades, USHG has conceived, created and developed a family of category-leading businesses that now includes: •6 fine dining restaurants •Museum cafes •Barbecue restaurants •A jazz club •A premier catering and sports entertainment company •A growing collection of Shake Shacks USGH restaurants are consistently ranked by New Yorkers as 11Most Popular" by the Zagat Survey. In the 2011 Zagat Survey, seven USHG restaurants (including Shake Shack and Blue Smoke) are listed in the Top 40, three included in the Top 10. USHG restaurants and chefs have earned an unprecedented 24 James Beard Awards, the highest total in the entire restaurant industry. 8
N 00 N Top 3 Expenditures by Generation av ax Going out to restatnmS ami Buyingn.wclolhlng or~s.J Watching cable propnm!ng--...J Watdllng cable progralllll'lklg J Going out to feStallra!JtS and 8oomtl's newctothnor~ '-,:.,,...,;...,1 or someone In my familg orcomlnulng education 1-.... WMclllng ca111o programming Buying new dothlng or aceessoriu TEI1fOIU\ItT EnTEitTI1Il1I1El1T. LLC Customer and Marketing Focus: The market for fresh and innovative live entertainment that addresses the Gen X and Gen Y demographics is unsaturated. While our show will have broad appeal, we will position a "Pop-Up" venue in Miami Beach to market to and engage this audience group. We will target both tourists and the local market. We intend to launch this production with a $300,000+ marketing and communications budget (and continued spend throughout the engagement) to do so. The campaign will consist of out-of-home (outdoor), television, radio, digital media buys across targeted websites, social media campaigns, grassroots activities, partnerships with corporations, organizations in the neighborhood and promoters and event producers in Miami Beach. The campaign will also leverage deep relationships that our content and F&B partners have established with customers in NYC, London and beyond. 9
N 00 w Show Content Before Dark: In addition to the show and ancillary entertainment areas that addresses a more mature audience, Temporary Entertainment can also use the venue during the afternoons, particularly on the weekends, for programming cross generational content. This will allow us to further leverage the venue and the site. Such content can include family friendly concerts, circuses and shows, as well as interactive events and community talent shows. Trnrmumr rmmnunnrm. LLC 10
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N 00 (Q David M. Schwarz, Chairman, oversees corporate business strategy and investor relations for Temporary Entertainment, LLC. David is President and CEO of David M. Schwarz Architects, Inc., which he founded the firm in Washington, DC in 1976. In addition to his executive duties, Mr. Schwarz' primary responsibility is as Principal in Charge of Design. He leads, orchestrates and reviews the design process of all the firm's projects. He has designed numerous concert halls, ballparks, entertainment centers and other "places for people." Mr Schwarz received his B.A. at St. John's College in Annapolis, MD, and a Master of Architecture at Yale University. Mr Schwarz currently serves as Chairman of the Yale School of Architecture Dean's Council; a member of the Executive Committee of the Yale University Capital Campaign; on the Boards of Directors of the Wolfsonian Museum in Miami Beach Florida and the Youth Orchestra of the Americas in Arlington, VA; a member of the National Council on the World Wildlife Fund. Additionally, he serves as the Jury Chairman for the Vincent J. Scully Prize Fund Endowment of the National Building Museum. Martin LaSalle, President and Artistic Guide, oversees daily operations and artistic development for Temporary Entertainment, LLC. He brings over a decade of experience in all facets of temporary entertainment production and management to the company. As the co-founder and owner of LaSalle Brothers, LP, starting in 2000, Martin created, performed and managed the presentation of circus and variety content across a range of industries and geographies, including four different cruise lines, the National Basketball Association, the European Variety Theater circuit, the Big Apple Circus, and corporate events for clients such as SONY, Macy's, and Mercedes Benz. Since his time at LaSalle Brothers, LP, Martin has led customer and public services and business development initiatives at the Big Apple Circus and has led the marketing and communications campaigns for Threesixty Entertainment's production of Peter Pan. Martin LaSalle graduated cum laude from Columbia College at Columbia University with a B.A. in Economics. Daryl Roth Theatrical Management will act as the Chief Operational Officer and General Manager for Temporary Entertainment. Together with Tony Award and seven-time Pulitzer Prize winning Producer Daryl Roth, Adam Hess and Seth A. Goldstein created DR Theatrical Management: a company that breaks the conventional general management mold. The DRTM team brings executive level experience to their clients' projects from over 50 commercial productions in New York, London and on the road. Entrepreneurial in spirit and collaborative by nature, the company takes pride in its tenacity, creative thinking, diplomacy, and the nurturing environment it creates for the company of artists and administrators it serves. Tmronnnr rmmmmnrm. LLC 16
N (Q 0 Steve Dixon, Creative Show Producer and Production Manager, will oversee the creative development of the show "Orchid," ensuring the show is delivered and maintained at a very high quality, on time and within budget. Steve spent his early life growing up in a small border town in the Southwest of Texas playing music with him family inspired by his late uncle's passion. After attending an arena version of Peter Pan starring Kathy Rigby, Steve decided he was either going to learn to fly (like Peter Pan) or join a circus. He has since worked with renowned artists including Justin Timberlake, Alicia Keys, Britney Spears, Kylie Minogue, Shakira, Mariah Carey, Hilary Duff, NSYNC, Backstreet Boys, II Divo, Guns and Roses, Barry Manilow, LeAnn Rimes and Wynonna Judd. He has also served as producers consulting for productions such as Michael Flatley's Lord of the Dance, Celtic Woman and Burn the Floor. In 2007 Steve was introduced to lighting designers Nick Whitehouse and Bryan Leitch. Together they were part of the team that created the award winning production for Justin Timberlake's Future Sex Love Show of 2007 and Alicia Keys As I am World Tour of 2008. With the formation of Road rage, Inc. in 2009, William Baker, Nick Whitehouse and Steve Dixon led the charge to conceive and design The Circus Starring Britney Spears. In 2010, the Roadrage team created and operated one of the most technically advanced and innovative concert tours in history for Kylie Minogue. William Baker, Director, will spearhead all elements of the creative process to ensure an integrated and high quality aesthetic and artistic value. William is best known for his creative work with Kylie Minogue, which has secured his place as a globally respected director of live music shows as well as a photographer and stylist. His work with Kylie Minogue is well documented, critically acclaimed and commercially successful, having created and directed spectacular world tours, genre-defining music videos and a revered, iconic image. William has also collaborated with some of the biggest names in music and fashion including Victoria Beckham, Britney Spears, Lily Allen, Jamiroquai, Bjork, Leona Lewis, Weslife and II Divo. William made his theater directing debut in 2007 when he directed a 'remixed' version of the musical Rent at the Duke of York's Theater, given the production a 2!5t-century pop edge. In 2008, Baker was awarded the Visionary Award at the Elle Style Awards. rrnrmumr rmrrmunnrm. LLC 17
N (Q ~ Wayne Cilento, Choreographer and Associate Director, will choreograph, stage and co-direct "Orchid." He is an American dancer and choreographer, best known for originating· the role of "Mike" in the Broadway Show A Chorus Line, and later becoming one of Broadways' most prolific choreographers. In the early 80s, Cilento started building a career as a choreographer. Concert stage and television choreography include Alicia Keys, Liza Minnelli, Chita Rivera, Donna Summer, and Pete Townshend. Music videos for Billy Joel's "Keeping the Faith" and Barry Manilow's "Read 'em and Weep" followed. With dozens of commercials, he has won two Clio Awards. He turned to full-scale musicals with the Jerry Herman revue, Jerry's Girls (with Chita Rivera) and Baby, for which he earned his second Tony nomination. His choreography profile increased again when he won both a Tony Award and a Drama Desk Award for the musical The Who's Tommy in 1993. He repeated the success in london in 1996 with an Laurence Olivier Award nomination. He recreated Fosse's style in the How to Succeed in Business Without Really Trying revival in 1995 and staged two new musicals, Aida and Wicked, two of the biggest hits of the 2000s. Most recently, he staged the revival of another Fosse work, Sweet Charity, with Christina Applegate. Steve Anderson, Musical Director, will oversee the development of a fresh new musical program for "Orchid." He is best known for his work with Kylie Minogue, having been her musical director since 1998, working on every tour and appearance, including Showgirl, X and the Sydney Olympics as well as being her producer for songs such as 'Confide in Me' and the White Diamond film score. He has also worked ass musical director for Westlie, Christopher Willem, the 2007 West End version of Rent, and the burlesque extravaganza The Hurty Burly Show. He has produced, written and remixed songs for Take That, Britney Spears, Westlife, The Pet Shop Boys, Michael Jackson, and Paul McCartney and is currently executive producer and writer for forthcoming albums by Christopher Willem, Elouise and The Ultra Girls as well as musical director for Kylie's Aphrodite-Les Folies 2011 world tour. rrnron1mr rmrnrmnnrm. LLC 18
N (Q N Ron Parker, Managing Director, Union Square Events, will oversee the development and operations of Temporary Entertainment's F&B program. Ron Parker is responsible for ensuring the highest level of excellence and hospitality at all Union Square Events, establishing new business opportunities and continually growing Union Square Events' impressive roster of clients and venues. Prior to Union Square Events, Ron held key leadership positions at Union Square Hospitality Group (USHG) for over four years; from operations manager of all USHG's acclaimed restaurants to building and opening coordinator of the company's four food service operations at the Museum of Modern Art (including The Modern, Cafe 2, Terrace 5 and Staff Cafe). Ron is also the Director of the Big Apple Barbecue Block Party, one of the nation's premiere barbecue and music events held annually in NYC with over 120,000 attendees. John Karangis, Executive Chef, Union Square Events, will oversee the new menu development for TEL Early in his career while studying Fine Dining Management, John recognized his passion for cooking and was accepted as a culinary student under Chef Andre Daguin and Chef Yves Pinard in Paris. Upon returning to the United States, John landed a job in the kitchen at Union Square Cafe under Chef Michael Romano, where he cooked for 3 years. From there, worked in some of the most acclaimed kitchens on the West Coast and New York, including Gramercy Tavern and Square One in San Francisco. He then accepted the role of Executive Chef at Restaurant Associates, and later Goldman Sachs, delivering world class dining and hospitality to an elite clientele. Returning to the culinary roots from which his career was nurtured, John brings USE a wealth of culinary experience and a passion for hospitality . AKA, Advertising, Marketing and Partnerships, will develop and implement a fully integrated advertising aRd marketing campaign. Aka is a full-service marketing and advertising agency servicing Broadway and live entertainment in New York. The management-owned, independent agency has been operating since 1995. With offices in the US, UK and Australia, aka has over 180 of the industry's best minds delivering creative, strategic, innovative and insightful marketing and advertising solutions to the entertainment industry worldwide. Aka NYC was established as a consultancy in 2008 in response to client requests for integrating a full campaign strategy and fulfillment on productions being handled by multiple agencies. In the summer of 2010, the office was expanded to include media, marketing and partnerships, digital, creative, research, box office and ticketing, and cross-platform campaign management. Current and recent US clients include Spider Man, Rock of Ages, Memphis, Billy Elliot, The MotherF**ker with the Hat, Jerusalem, and Arcadia. The office is headed up by Elizabeth Furze and Scott Moore who oversee a team of experienced, dynamic and passionate professionals. Trnronmu rmrnmmnrm. LLC 19
293
RESOLUTION TO BE SUBMITTED
294
R5
ORDINANCES
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CJ1
ce
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida Amending The Land
Development Regulations By Amending Chapter 118, Article II, "Boards," to clarify qualifications and categories of
land use board members.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc.): While nearly half, 47.6%, suggested the effort
put forth by the City to regulate development is "about the right amount," nearly one-third, 29.6%, indicated
"too little" effort is being put forth by the City in this area.
Issue:
Should the City Commission consider amending the Land Development Regulations of the City Code to clarify the
ualifications and cate cries of land use board members
Item Summary/Recommendation:
Second Reading Public Hearing
The land use boards are tasked with the regulation of land development, thus the composition requirements are very
specific to include individuals who maintain specialized positions, knowledge, experience and/or expertise and a
number of these members are required to be registered professionals. The proposed ordinance clarifies the
membership the categories. For instance, for the Planning Board, the category of registered architect would be
defined as an architect registered in the state of Florida. The membership categories for the Design Review and the
Historic Preservation Boards follow similar descriptions. The LUDC also expressed a desire to open up the
categories to provide more flexibility, broadening the architect position to permit licensure in any state. Where a land
use board has only one architect requirement, staff believes that it is important that an architect registered in the
State of Florida be required in order for that person be knowledgeable in local current code requirements and
architectural and design trends. However, where a board has a requirement for several architect positions, such as
the Design Review Board and the Historic Preservation Board, one of the architects that is registered in the United
States may qualify. At the request of the Committee, the ordinance also introduces a secondary category for
attorneys that are licensed in other states. The Board of Adjustment and membership categories reside in the City
Code, Part 1 -Charter and Related Special Acts, which states that the members representing the professional
categories must be licensed by the State of Florida. Therefore, licensing requirement cannot be changed without a
referendum vote that would change the Charter language.
At the April11, 2012 City Commission meeting, the Commission referred the item to the Land Use and Development
Committee between first and second reading; however, at the May 16, 2012 LUDC meeting, the Committee deferred
this item. Therefore, the Administration recommends that the City Commission open and continue the second
reading public hearing of the proposed Ordinance to the July 18, 2012 meeting.
Advisory Board Recommendation:
At the Planning Board meeting of October 24, 2011, after discussion of certain amendments to the ordinance a
motion was made to recommend adoption of the ordinance as amended; however, with a vote of 3-2, the motion did
not pass. At the time, there were two members absent and two members voted against the motion. Because of the
outcome of the vote, the ordinance was taken back to the Land Use and Development Committee for guidance.
Financial Information:
Source of Amount Account
Funds: 1
D 2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the
long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the
City Administration evaluated the long-term economic impact (at least 5 years) of this proposed
legislative action, and determined that there may not be a measurable impact on the City's budget by
enacting the proposed ordinance.
MIAMI BEACH 297
AGENDA ITEM---'-""'"--=;..___ __
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 ~
June 6, 2012 , 0 LJ
SECOND READING PUBLIC HEARING
BOARD MEMBER QUALIFICATIONS AND CATEGORIES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 118,
"ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE II,
"BOARDS,'' DIVISION 2, "PLANNING BOARD," SECTION 118-53,
"COMPOSITION;" DIVISION 3, "DESIGN REVIEW BOARD," SECTION 118-
72, "MEMBERSHIP;" DIVISION 4, "HISTORIC PRESERVATION BOARD,"
SECTION 118-103, "MEMBERSHIP;" AND 118-104, "APPOINTMENT;'
DIVISION 5, "BOARD OF ADJUSTMENT," SECTION 118-131,
"MEMBERSHIP," TO CLARIFY THE QUALIFICATIONS AND CATEGORIES
OF MEMBERS TO BE APPOINTED TO THE CITY'S LAND USE BOARDS;
PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
At the April 11, 2012 City Commission meeting, the Commission referred the item to the
. Land Use and Development Committee between first and second reading; however, at the
May 16, 2012 LUDC meeting, the Committee deferred this item. Therefore, the
Administration recommends that the City Commission open and continue the second reading
public hearing of the proposed Ordinance to the July 18, 2012 meeting.
BACKGROUND
• January 28. 2009: The City Commission referred two items to LUDC
Voting procedures for Land Use Board.
Clarification of categories for membership on the Land Use Boards.
• April 6, 2009: The Committee discussed the voting procedures for the City
Commission appointments to the Land Use Boards. The Administration and the
Legal Department were instructed to prepare an ordinance amending Chapter 2 of
the Code, requiring that when the City Commission votes to fill a position by
category, they may only vote on one category at a time.
Ordinance No. 2009-3642, adopted 7-15-09, amended Chapter 2, Administration,
Article Ill, Agencies Boards and Committees, Division 1.
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Commission Memorandum
Board Member Qualifications
June 6, 2012 Page 2of4
The Committee did not reach the item dealing with the clarification of the Land Use
Board categories and continued this issue to the May meeting.
• May 4. 2009: The Committee referred to the Planning Board an ordinance that
clarifies some of the membership categories of the Land Development Review
Boards. The Committee reviewed the membership requirements of the Planning
Board, Design Review Board, Historic Preservation Board and the Board of
Adjustment. The motion included, among other changes, the creation of two citizen-
at-large categories for the Planning Board, clarification of the registered architect and
several other refinements to the various categories.
• June 6. 2011: The Committee discussed this ordinance again and gave the
Administration direction on several refinements to the ordinance. Specifically, the
Committee wanted to explore more flexibility on the licensing requirements for some
of the categories. Ultimately, this item was deferred to the next meeting to make
changes to the licensing requirements.
• July 20, 2011: The Committee expressed the desire to open up the categories to
provide more flexibility, broadening the architect position to permit licensure in any
state.
• September 14, 2011: (Item C4G), the City Commission referred this proposed
ordinance to the Planning Board for its review and recommendation.
• October 24. 2011: The Planning Board made a motion not to recommend approval;
however the vote was 3-2, thus motion did not pass; two members were absent and
two member voted against the motion (4 votes are required for approval of a
recommendation).
• February 15. 2012: The Land Use and Development Committee discussed the
Planning Board proceedings and by a 3-0 vote decided to move the item to the full
City Commission.
ANALYSIS
The land use boards are tasked with the regulation of land development, thus the
composition requirements are very specific to include individuals who maintain
specialized positions, knowledge, experience and/or expertise and a number of these
members are required to be registered professionals. In addition, Chapter 118 of the
City Code specifically describes rights to serve on these boards, which require members
to be either residents of the City, or have their principal business interest within the City.
The City Commission may waive the residency requirements by a 5/7ths vote in the
event a person not meeting these requirements is available to serve on the board and is
exceptionally qualified by training and experience.
The proposed ordinance clarifies the membership categories in Land Use Boards. For
instance, for the Planning Board, the category of registered architect would be defined
as an architect registered in the state of Florida: the professional architectural designer
or professional urban planner would be described as a professional practicing in the
fields of architectural or urban design or professional urban planning; the developer
category is described as a person who has experience in developing real property; and
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Commission Memorandum
Board Member Qualifications
June 6, 2012 Page 3of4
the attorney position is clarified as licensed to practice law in the state of Florida. In
addition, the Planning Board membership would categorize three persons as citizens at
large or engaged in general business. The membership categories for the Design
Review and the Historic Preservation Boards follow similar descriptions. In the case of
the Planning Board, the ordinance also clarifies that three of the seven members may be
citizens at large or engaged in general business in the City.
The LUDC expressed a desire to open up the categories to provide more flexibility,
broadening the architect position to permit licensure in any state. Where a land use
board has only one architect requirement, staff believes that it is important that an
architect registered in the State of Florida be required in order for that person be
knowledgeable in local current code requirements and architectural and design trends.
However, where a board has a requirement for several architect positions, such as the
Design Review Board and the Historic Preservation Board, one of the architects that is
registered in the United States may qualify. In fact, such a person may be able to offer
perspectives that are different from the local views and trends.
At the request of the Committee, the ordinance also introduces a secondary category for
attorneys that are licensed in other states. This would still keep in place the requirement
that any Board that has a requirement to have an attorney, that attorney should be
licensed in the State of Florida, but creates a second attorney position with broader
licensing requirements. Staff has introduced this concept in two of the Development
Boards.
Staff explored clarifying the membership for the Board of Adjustment. In particular the
financial consultation category, however, the Board of Adjustment and membership
categories reside in the City Code, Part 1 -Charter and Related Special Acts.
Therefore, licensing requirement cannot be clarified without a referendum vote that
would change the Charter language. At the direction of LUDC (see below) only the
clarification that members representing the professional categories must be licensed in
the State of Florida has been included in the proposed ordinance.
PLANNING BOARD ACTION
At the Planning Board meeting of October 24, 2011, a motion was made to not recommend
adoption of the ordinance as proposed. Members of the Board discussed the categories and
proposed certain changes, such as eliminating certain membership categories that are
recommended by non-profit organizations, with staff expressing displeasure and total
opposition to such a proposal. Finally a motion was made for a recommendation of the
ordinance as amended. However, with a vote of 3-2, the motion did not pass. At the time,
there were two members absent and two members voted against the motion. Because of the
outcome of the vote, the ordinance was taken back to the Land Use and Development
Committee for guidance.
LAND USE AND DEVELOPMENT COMMITTEE
At the February 15, 2012 meeting, Richard Lorber introduced the item and explained
that it clarified and broadened the categories and qualifications of the members of the
four Land Use Boards. Henry Stolar spoke. Gary Appel, Charlie Urstadt and Nancy
Liebman spoke regarding the Miami Design Preservation League role on the Historic
Preservation Board.
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Commission Memorandum
Board Member Qualifications
June 6, 2012 Page 4of4
The Committee went through each of the four Boards and discussed minor changes, as
follows: Historic Preservation Board: broaden Attorney licensed in Florida to licensed in
the U.S.; Planning Board: no change; Design Review Board: add to category IV "or
resident with interest or background in design issues; and Board of Adjustment: delete
proposed change defining Financial Consultant, keep attorney licensed in the State of
Florida to conform with the City Charter.
MOTION: Wolfson/Libbin (3-0). Move ordinance to Commission with changes
referenced above.
FISCAL IMPACT
In accordance with Charter section 5.02, which requires that the "City of Miami Beach
shall consider the long-term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long-term economic
impact (at least 5 years) of this proposed legislative action, and determined that there
may not be a measurable impact on the City's budget by enacting the proposed
ordinance.
CONCLUSION
At the April 11, 2012 City Commission meeting, the Commission referred the item to the
Land Use and Development Committee between first and second reading; however, at the
May 16, 2012 LUDC meeting, the Committee deferred this item. Therefore, the
Administration recommends that the City Commission open and continue the second reading
public hearing of the proposed Ordinance to the July 18, 2012 meeting.
Pursuant to Section 118-164(3) when a request to amend the land development regulations
does not change the actual list of permitted, conditional or prohibited uses in a zoning
category, the proposed ordinance may be read by title or in full on at least two separate days
and shall, at least ten days prior to adoption, be noticed once in a newspaper of general
circulation in the city. The notice of proposed enactment shall state the date, time and place
of the meeting; the title or titles of proposed ordinances; and the place or places within the
city where such proposed ordinances may be inspected by the public.
Immediately following the public hearing at the second reading, the city commission may
adopt the ordinance. An affirmative vote of five-sevenths of all members of the city
commission shall be necessary in order to enact any amendment to these land development
regulations.
l(L
JMG/JGG/RGUML
T:\AGENDA\2012\6-6-12\Board member qualifications memo.docx
301
"BOARD MEMBER QUALIFICATIONS AND CATEGORIES"
ORDINANCE NO .. ______ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 118,
"ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE II, "BOARDS,"
DIVISION 2, "PLANNING BOARD," SECTION 118-53, "COMPOSITION;"
DIVISION 3, "DESIGN REVIEW BOARD," SECTION 118-72, "MEMBERSHIP;"
DIVISION 4, "HISTORIC PRESERVATION BOARD," SECTION 118-103,
"MEMBERSHIP;" AND 118-104, "APPOINTMENT;' DIVISION 5, "BOARD OF
ADJUSTMENT," SECTION 118-131, "MEMBERSHIP," TO CLARIFY THE
QUALIFICATIONS AND CATEGORIES OF MEMBERS TO BE APPOINTED
TO THE CITY'S LAND USE BOARDS; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the Land Development Regulations of the City Code provide for the
appointment by the City Commission of members of the four land use boards namely, the
Planning Board, the Design Review Board, the Historic Preservation Board, and the Board of
Adjustment; and
WHEREAS, certain questions have arisen as to the qualifications and categories of
membership of persons appointed to these boards; and
WHEREAS, it is desirable to resolve these questions to provide certainty to the
appointment process and to instill confidence by the public in these boards; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
Section 1. Chapter 118, "Administration and Review Procedures," Division 2, "Planning
Board," Section 118-53, "Composition," is hereby amended as follows:
Sec. 118-53. Composition.
(a) The planning board shall be composed of seven regular voting members. Each regular
member shall be appointed with the concurrence of at least four members of the city
commission. Each regular voting member shall serve for a term of two years. The planning
director or designee, and city attorney or designee, shall serve in an advisory capacity.
(b) All regular voting members of the board shall have considerable experience in general
business, land development, land development practices or land use issues; however, the
board shall at a minimum be comprised of
i. one registered architect registered in the state of Florida; or a member of the
faculty fasility of a school of architecture in the state, with practical or academic
expertise in the field of design, planning, historic preservation or the history of
302
architecture,; or a professional practicing in the fields of architectural or urban
designef or professional urban plannef!ng1~
ii. one developer who has experience in developing real property: aru:i or an
attorney in good standing licensed to practice law within the United States.
iii. one attorney licensed to practice law in the state of Florida who has considerable
experience in land use and zoning issues,~ aru:i
iv. one person who has education and/or experience in historic preservation issues.
For purposes of this section, the term "education and/or experience in historic
preservation issues" shall be a person who meets one or more of the following
criteria:
(1) Has earned a college degree in historic preservation;
(2) Is responsible for the preservation, revitalization or adaptive reuse of
historic buildings; or
(3) Is recognized by the city commission for contributions to historic
preservation, education or planning.
M three persons who are citizens at large or engaged in general business in the city
(c) No person except a resident of the city, who has resided in the city for at least one year,
shall be eligible for appointment to the planning board.
(d) The city commission may waive the residency requirements by a 5/7ths vote in the event
a person not meeting these requirements is available to serve on the board and is exceptionally
qualified by training and/or experience.
Section 2. Chapter 118, "Administration and Review Procedures," Division 3, "Design Review
Board," Section 118-72, "Membership," is hereby amended as follows:
Sec. 118-72. Membership.
(a) Composition. The design review board shall be composed of seven regular members.
The seven regular members shall consist of
i. two registered architects registered in the state of Florida United States; ,
ii. an registered architect registered in the state of Florida or a member of the
faculty of a school of architecture, urban planning or urban design in the state,
with practical or academic expertise in the field of design, planning, historic
preservation or the history of architecture,~ or a professional practicing in the
fields of architectural designef or professional urban plannef!ng1~
iii. one registered landscape architect registered in the state of Florida,~
iv. one registered architect registered in the state of Florida United States, or a
professional practicing in the fields of architectural or urban designeF, or
professional urban plannEN=ing: or resident with interest or background in design
issues: or an attorney in good standing licensed to practice law within the United
States; and
v. two citizens at large.
One person appointed by the city manager from an eligibility list provided by the mayor's barrier
free environment committee shall serve in an advisory capacity with no voting authority. The
planning director, or designee and the city attorney or designee shall serve in an advisory
capacity.
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(b) Appointment. Design review board members shall be appointed with the concurrence of
at least four members of the city commission. An eligibility list for these professional
membership categories may include, but shall not be limited to, suggestions from the following
professional and civic associations as listed below:
(1) American Institute of Architects, local chapter.
(2) American Society of Landscape Architects, local chapter.
(3) The Miami Design Alliance.
(4) American Planning Association, local chapter.
(5) The Miami Design Preservation League and Dade Heritage Trust.
(6) Other city civic, neighborhood and property owner associations.
(c) Residency and place of business. All regular members shall reside in or have their
primary place of business in the county. The two citizens-at-large members and one of the
registered landscape architects, registered architects, QLprofessionals practicing in the fields of
architectural or urban designeFS or professional urban planneFSi.!J.g shall be residents of the city.
Section 3. Chapter 118, "Administration and Review Procedures," Division 4, "Historic
Preservation Board," Section 118-103, "Membership," is hereby amended as follows:
Sec. 118-103. Membership.
(a) The historic preservation board shall be composed of seven members. There shall be a
member from each of the following categories:
(1) A representative from the Miami Design Preservation League (MDPL), selected
from three names nominated by such organization.
(2) A representative from Dade Heritage Trust (DHT), selected from three names
nominated by such organization.
(3) Two at-large members who have resided in one of the City's historic districts for
at least one year, and who have demonstrated interest and knowledge in
architectural or urban design and the preservation of historic buildings.
(4) An architect registered in the state of Florida with practical experience in the
rehabilitation of historic structures.
(5) An registered architect registered in the state of Florida United States, g_
registered landscape architect registered in the state of Florida, g_ professional
practicing in the field of architectural or urban designer or professional urban
planneri.n9... each of the foregoing with practical experience in the rehabilitation of
historic structures; or an attorney at law licensed to practice in the state of
Florida. or an lisensed engineer licensed in the state of Florida. each of the
foregoing with ... o~ho has professional experience and demonstrated interest in
historic preservation.
(6) A member of the faculty of a school of architecture in the state of Florida, with
academic expertise in the field of design and historic preservation or the history
of architecture, with a preference for an individual with practical experience in
architecture and the preservation of historic structures.
(b) All members of the board except the architect, engineer, landscape architect,
professional practicing in the field of architectural or urban designer or professional urban
planneri.!J.g and university faculty member of the board shall be residents of, the city; provided,
however, that the city commission may waive this requirement by a 5/7ths vote in the event a
person not meeting these residency requirements is available to serve on the board and is
exceptionally qualified by training and/or experience in historic preservation matters. All
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appointments shall be made on the basis of civic pride, integrity, experience and interest in the
field of historic preservation.
Sec. 118-1 04. Appointment.
(a) Historic preservation board members shall be appointed with the concurrence of at least
four members of the city commission. An eligibility list solicited from, but not limited to, the
organizations listed in this section may be considered by the city commission in selecting board
members:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
American Institute of Architects, local chapter.
Miami Design Preservation League.
Miami Beach Chamber of Commerce.
Miami Beach Development Corporation.
Dade Heritage Trust
Florida Engineer Society, local chapter.
Any other organization deemed appropriate by the city commission.
(b) Except as provided in section 118-105, every member appointed shall serve a term of
two years.
Section 4. Chapter 118, "Administration and Review Procedures," Division 5, "Board of
Adjustment," Section 118-131, "Membership," is hereby amended as follows:
Sec. 118-131. Membership.
The board of adjustment shall be composed of seven voting members. Two members shall be
appointed as citizens at-large and five members shall be appointed from each of the following
categories (no more than one per category), namely: Law, architecture, engineering, real estate
development, certified public accounting, financial consultation and general business. The
members representing the professions of law, architecture, engineering and public accounting
shall be duly licensed by the State of Florida; the member representing general business shall
be of responsible standing in the community The member representing the field of finanoial
oonsultation shall be a Certified Publio Aooountant. Chartered Finanoial Analyst, Certified
Finanoial Planner. a Chartered Finanoial Consultant or investment advisor registered with the
Seourities and Exohange Commission. or someone reoognized as having similar oredentials by
five sevenths vote of the City Commission. Members shall be appointed for a term of two years
by a five-sevenths vote of the city commission. Members of the board must be either residents
of or have their principal place of business in the city.
Section 5. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith
be and the same are hereby repealed.
Section 6. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of Miami Beach as amended;
that the sections of this ordinance may be renumbered or relettered to accomplish such
intention, and that the word "ordinance" may be changed to "section" or other appropriate word.
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305
Section 7. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
Section 8. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this __ day of------' 2012.
ATTEST:
CITY CLERK
First Reading:
Second Reading:
Verified by:---------
Richard Lorber, AICP
Acting Planning Director
Underscore denotes new language.
Strikethrough denotes deleted language.
T:\AGENDA\2012\6-6-12\Board member qualifications ord.docx
MAYOR
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306
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
E:Jso}rz,.
Date
~ MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
(CORRECTIO~ TO THE MAY ~4, 2012 N~TICE QF,PUBLIC H.EARINGS)
NOTICE tS,HEREBY given that second readings anil·public hearings will be held :by the Mayor and City Commission
of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall; 1700 Convention Center Drive, .
Miami Beach, Florida, on WEDNESDAY, June 6, 2012 to consider the following: ·
1s:1sa.m.
· Board Member Qualifications And Categories ... .
Ali OrainanceAmending The Land Development Regulations OfThe City Code By Amending Chapter 118, "Administrative
And Review Procedures," Article II, "Boards,""Division 2, "Planning Board," Section 118-53, "Composition;" Division 3,
"Design Review Board," Section 118-72, "Membership;" Division 4, "Historic Preservation Bmi.rd," Section 118-103,
"Membership;" And 118"1 04, "Appointment;' Division 5, "Board Of Adjustment," Section 118-131, "Membership," To
Clarify The Qualifications And categories Of Members To Be Appointed To: The City's Land Use Boards;··
Inquiries may be directed to the Planning Department at (305) 673-7550:
10:25 a.m: . ·.. ''· . . . .. . . . . ... .. .
Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled"Solid Waste,"-By Amending The Definitions.
In Article I, Entitled "In General," By Amending'Section 90-2, Entitled "Definitions"; By Aml'mding Article II, Entitled
"Administration" By Amen~ing The Penaltie~,l=or ·solid Waste Violations And. To Pro~ide ·Provis.jons.And Penalties
Relative To Recycling For Multifamily ResidencesAnd Commercial Establishments; By ·creating Article V, To Be Entitled
"Citywide Recycling Program For Multifamily Residences And Commercial Establishments," To Provide Provisions
Fo( Recycling. Requirements And Enforcement, A Public Education Program, A Warning Period, Ail Enforcement Date,
~uirements For Recycling Contractors, Penalties, ~n(Spe~iaiMaster Appeal Procedures. _,,
lnquiries.may be directed to the Public Works Department at (305) 67'3-7080.
10:30a.m.
"Ordinance Amend_ing The Land Development Regulations Of The City Code, Chapter 118, "Administration And
Review Procedures," By Creating A New Article XII, "Maintenance And Security Bonds," Establishing Definitions And
Requirements For Property Owners Applying For Development Review Approval For Substantial Construction Work To
Ensure That Their Properties·Are Properly Maintained And Secured Until Completion Of Work
Inquiries may be. directed to the Planning Department at (~05)67:f-7550.
10:35a.m. .
Ordinance Amending Chapter 7.0 Of The Miami Beach City Code Entitled "Miscellaneous Offenses,'~ By Amending
Article it, Entitled "Public Places"; By Amending. Division II, EQtitled "Bicycling; Skateboarding, Roller Skating; In-Line
Skating, And Motorized Means Of Transportation," By· Amending Section 70-66, Entitled "Definitions," ~Y ~J\dding
· A Definition For Bicycle· Pat!li And By Amending Section 70~67; Entjtled "Prohibited Activities," By Amending The
Prohibitions Regarding Motorized Means OfTransportation,.lncluding Electric Personal ASsistive Devices (Also Known
As Segways), By Rewording The Provisions Therein And Conforming The Language To State· law; By Restrictirig'The
Speed Of Electric Personal Assistive Devices To Six (6) MPH Oil All City Sidewalks, Sidewalk Areas, Arid BicycliH'aths;
And By Prohibiting The-Operation Of Electronic Personal Assistive Mobility Devices .On Interior Pathways"Witliin South
Pointe ParkAnd.Collins Park; By Amending Section 10-68, Entitled "Exemptions," By EXempti11g The Use Of Electric
Personal Assistive Mobility Devices By City Police And City C~:mtracted Services From The Restrictions-Of Divlsion·ll; By
Amending Sectioi170-69,Entitled ~'Responsibilities Of Bicyclists And Skaters," By Adding HesporiSitiilities For PE!r.sons
Operating Electric PersonaiAssistive.Mobility Devices; By Amending Section 70-70, Entitled"l'~llalties,"To Provide For
Responsibilities Of Businesses Providing Rentals And Tours Of Electric Personal Assistive Mobility' Devices; By Creating
Section 70-71, To Be Entitled "Penalties" To Provide Civil Penalties In Addition To EXisting· Non-Criminal Infraction
Penalties For The Violation Of Certain Provisions ln·Chapter 70, Article II, Division·ll . ·
Inquiries may be dire~ed to the Public Works Department at (305) 673-7080
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in •
writing addressed to the City Commission, c/o the City Clerk, 1700Conventlon Center Drive, 1st F.loor, City Hall, Miami
Beach, :Florida 33139. Copies of these ordinances are available for. public inspection during normal business hours
in the City Clerk's Office, 1700 ·Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This
meeting may be continued and under such circumstances additionallegal·notice would not be provided:
Rafael E. Granado, City Clerk
City of Miami Beach ·
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides. to appeal any
decision made by the City Commission with. respect to any matter considered at its meeting or its hearing, such person
must ensure that a verbatim record ofthe proceedings is made, which record includes the testimony and evidence
. upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or
admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise
allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons with
disabilities, and/or any accommodation to review any .document or participate in any city-sponsored proceeding,
pfease contact (305) 604-2489 (voice), _(305)673-7218(TIY) five days in advance to initiate your request. TI¥ users
may also call 711 (Florida Relay Service) ..
Ad#707
.JUI
!iNE I SUNDAY, M~~--~?~_?2~~-··-··--··-···--·--··-·-··----··-·· ... -···--···-
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308
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending
Chapter 90 Of The Miami Beach City Code, Entitled "Solid Waste," By Amending The Definitions In Article
I, Entitled "In General," By Amending Section 90-2, Entitled "Definitions"; By Amending Article II, Entitled
"Administration" By Amending The Penalties For Solid Waste Violations And To Provide Provisions And
Penalties Relative To Recycling For Multifamily Residences And Commercial Establishments; By Creating
Article V, To Be Entitled "Citywide Recycling Program For Multifamily Residences And Commercial
Establishments," To Provide Provisions For Recycling Requirements And Enforcement, A Public Education
Program, A Warning Period, An Enforcement Date, Collector Liability, Penalties, And Special Master
Appeal Procedures; Providing For Repealer, Severability, Codification, And An Effective Date.
Supporting Data (Surveys, Environmental Scan, etc.): The solid waste haulers operating in the City
have reported that approximately 1,600 multifamily and commercial establishments within the City are
current! not artici atin in the Coun -re uired Rec clin Pro ram.
Issue:
I Shall the Mayor and City Commission approve the Ordinance?
Item Summary/Recommendation:
SECOND READING PUBLIC HEARING
The new proposed ordinance seeks to establish a comprehensive Citywide Recycling Program for
multifamily residences and commercial establishments. The County Code (Section 15-2.5) gives the City
the authority to establish and enforce its own ordinance, provided such ordinance is equivalent to or more
stringent that the County's provisions. The new proposed ordinance would require that every multifamily
residence of nine (9) dwelling units or more provide a recycling program and use a single-stream recycling
process to separate recyclables.
The Sustainability Committee recommended that the City focus on education and address enforcement
efforts on a complaint driven basis. Beginning June 1, 2012 the new proposed ordinance calls for a six (6)
month education and community outreach effort, followed by a six (6) month warning period before
penalties would be issued. During the education and outreach period, the City would implement an
aggressive public education campaign to inform the public of the new requirements. After the year of
extensive education and outreach, the six (6) month warning period (or pre-full implementation period)
would take place, where only warning notices without monetary fines would be issued.
In FY 2011/12, $50,000 was appropriated to initiate the education program. The City will retain a
marketing company to develop a unified educational campaign with the goal of increasing recycling
awareness and educating multifamily and commercial establishments. It is the intent to have enforcement
of the new proposed ordinance conducted on a complaint driven basis by a Sustainability Officer whose
focus will be to provide education and guidance rather than issuing of fines.
The Ordinance was approved on First Reading at the May 9, 2012 City Commission Meeting.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON SECOND READING
PUBLIC HEARING.
Advisory Board Recommendation:
On April19, 2012, the FCWPC recommended that the Commission approve the new proposed ordinance
on First Reading The FCWP also recommended that the City should not enforce fines until a decision has
been made on how to enforce the separation requirements of the ordinance.
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary: Approval of the Recycling Ordinance represents an annual impact of
$104,000 which will be submitted for approval through the FY2012/13 budget process.
City Clerk's Office Legislative Tracking:
Richard Saltrick ext. 6565
Departmentpirector I Assistant CityAanager
FHB13flL I JGGLfi/!C
Sign-Offs:
.....,..,
1 - R T.IAGENDA\20 216-6 121 ecychng Ord1nance Summary.doc
MIAMI BEACH 309
I
I
City Manager
JMG~/
0 0
AGENDA ITEM _R...;_S_J3_
DATE b-b-t1--
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager ~ .r-... / SECOND READING (" t PUBLIC HEARING
June 6, 2012
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE MIAMI BEACH CITY CODE,
ENTITLED "SOLID WASTE," BY AMENDING THE DEFINITIONS IN ARTICLE I,
ENTITLED "IN GENERAL," BY AMENDING SECTION 90-2, ENTITLED
"DEFINITIONS"; BY AMENDING ARTICLE II, ENTITLED "ADMINISTRATION" BY
AMENDING THE PENALTIES FOR SOLID WASTE VIOLATIONS AND TO PROVIDE
PROVISIONS AND PENAL TIES RELATIVE TO RECYCLING FOR MULTIFAMILY
RESIDENCES AND COMMERCIAL ESTABLISHMENTS; BY CREATING ARTICLE V,
TO BE ENTITLED "CITYWIDE RECYCLING PROGRAM FOR MULTIFAMILY
RESIDENCES AND COMMERCIAL ESTABLISHMENTS," TO PROVIDE PROVISIONS
FOR RECYCLING REQUIREMENTS AND ENFORCEMENT, A PUBLIC EDUCATION
PROGRAM, A WARNING PERIOD, AN ENFORCEMENT DATE, COLLECTOR
LIABILITY, PENAL TIES, AND SPECIAL MASTER APPEAL PROCEDURES;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the Ordinance on Second
Reading and Public Hearing.
BACKGROUND
The Ordinance was approved on First Reading at the May 9, 2012 City Commission Meeting.
Commissioner Jonah Wolfson worked with the City Attorney's Office and City Administration, as well
as members of the City's Sustainability Committee, on a proposed ordinance that would require
mandatory recycling for multifamily residences and commercial establishments in the City, via the
establishment of a City of Miami Beach Mandatory Recycling Enforcement Program. On July 13,
2011, the proposed recycling ordinance was approved by City Commission and referred to the
Finance and Citywide Projects Committee (FCWPC) between first and second reading. The
FCWPC directed the Administration to conduct a Recycling Workshop, held on October 24, 2011.
At the Workshop, Commissioner Michael Gongora indicated that the item would be further
discussed at the Sustainability Committee prior to referral to the FCWPC to discuss funding. On
November 15, 2011, the Sustainability Committee recommended that the City revise the ordinance
to more closely reflect the Miami-Dade County's ordinance, but with revised fines that do not accrue
daily. Based on the Sustainability Committee's recommendations, the first reading ordinance was
significantly modified. A new proposed Ordinance was presented to the Sustainability Committee
on January 17, 2012 and February 28, 2012 for further discussion. On February 28, 2012, the
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City Commission Memo -Recycling Ordinance, Second Reading
June 6, 2012
Page 2of5
Sustainability Committee recommended that the new proposed ordinance be referred to the
FCWPC.
On April19, 2012, the FCWPC recommended the City not implement fines until a decision has been
made on how to enforce the recycling separation requirements, and to approve the new proposed
ordinance on First Reading. On May 9, 2012, the City Commission approved the new proposed
ordinance on First Reading.
Currently, Miami-Dade County Code (Sections 15-2.2 to 15-2.4) requires multifamily and commercial
establishments to have a recycling program. However, as a result of multiple issues, including fiscal
constraints at the County level, the County Code requirement to have a recycling program is not
adequately or comprehensively enforced. The solid waste franchisee haulers have reported that
approximately 1 ,600 multifamily residential buildings and commercial establishments within the City
of Miami Beach are currently not participating in the County-required recycling program. This is
approximately 30% of all known commercial and multifamily accounts.
The objective of the new proposed recycling ordinance is to establish a comprehensive Citywide
Recycling Program for multifamily residences and commercial establishments. The County Code
(Section 15-2.5) gives the City the authority to establish and enforce its own ordinance, provided
such ordinance is equivalent to or more stringent that the County's provisions. The new proposed
ordinance (Attachment A), which is an amendment to Chapter 90 of the City Code, would require
multifamily residences and commercial establishments in the City to provide a recycling program
and to use a single stream recycling process to separate recyclables. Multifamily and commercial
establishments would receive fines if they do not provide a recycling program serviced by a licensed
recycling contractor or if they fail to separate recyclable material from the solid waste stream.
Single-family homes and multifamily buildings of up to eight (8) units are already provided weekly
recycling services via Miami-Dade County's Curbside Recycling Program, which was done through
an Inter-Local Agreement (Agreement) entered into on June 14, 1990. The Agreement authorizes
the County to act on the City's behalf in the administration of the contract for this recycling service in
the areas of municipal jurisdiction. The current number of households served by Miami-Dade
County within the City of Miami Beach is 6,500 units. The contractor that currently provides the
service to Miami Beach through the Agreement is World Waste Services.
Commercial facilities and multifamily residences with nine (9) or more units are required by Miami-
Dade County to hire, by means of a contract, a private solid waste hauler for their recycling pick-up.
Miami-Dade County Code Chapter 15 entitled "Solid Waste Management", Sections 15-2.2 through
Sections 15-2.5 requires the following:
• Owners/Property owners of commercial establishments in Miami-Dade County must provide a
recycling program for their employees and tenants, using the services of an authorized waste
hauler or private recycling hauler.
• The program must recycle three (3) items from the following list often (10): high-grade office
paper, mixed paper, corrugated cardboard, glass, aluminum, steel, other scrap production
metals, plastics, textiles, and wood.
• Modified Recycling Programs -those that incorporate modifications, substitutions or
reductions to the requirements stated above -may be submitted to the Department of Public
Works and Waste Management for review and approval.
CURRENT ENFORCEMENT
On September 1, 2009, the Miami-Dade County Multifamily and Commercial Recycling
Memorandum of Understanding (MOU) between the City of Miami Beach and Miami-Dade County
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City Commission Memo -Recycling Ordinance, Second Reading
June 6, 2012
Page3of5
was approved. Under the MOU, the County agrees to enforce recycling under County Code
Chapter 15, Sections 15-2.2 through 15-2.5 within the City of Miami Beach. When facilities are
found to not have a recycling program, the County issues the offending party a warning notice
followed by a notice of violation that may include fines as delineated in Miami-Dade Code Chapter
ace-entitled "Code Enforcement". In 2007-0a, the County collected a total of $11,550 in fines
Countywide for non-compliance with their recycling ordinance.
On March 29, 2010, the City provided Miami-Dade County Solid Waste Management with a list of
434 addresses from the waste haulers' multifamily and commercial accounts that were not recycling.
In August 2010, the County initiated a proactive inspection approach to enforcement and inspected
a total of 203 multifamily residences and 27 commercial establishments. If facilities were found to
not have a recycling program, the facilities were issued a warning notice followed by a notice of
violation that may include fines delineated in Miami-Dade Code Chapter ace entitled "Code
Enforcement". However, in October 2010 the County returned to a compliant-driven approach with
an emphasis on education.
In January 2012, the City franchise waste haulers provided the City with an updated list of 1,560
commercial facilities and multifamily residences that do not have a contract with them for a recycling
program. The list was forwarded to the County; however, according to the County, the list was too
large and needed to be verified by the City. The County requested that the City review the lists
provided by the waste haulers, by visiting each address to confirm that in fact the address does not
have a recycling service. The percentage of non-compliant facilities that have received fines since
January 2012 is unknown. Based on the County's complaint-driven approach that focuses more on
education than issuance of fines, this number is anticipated to be low.
PROPOSED RECYCLING ORDINANCE
The new proposed recycling ordinance closely mirrors the existing County ordinance. The new
proposed ordinance requires that every multifamily residence of nine (9) dwelling units or more shall
provide a recycling program and use a single-stream recycling process to separate recyclables.
Similar to the County, the new proposed ordinance provides that multifamily and commercial
facilities can submit to the City's Public Works Director for approval of a modified recycling program.
The Sustainability Committee recommended that the City focus on education and address
enforcement efforts on a complaint driven basis. Beginning June 1, 2012 the new proposed
ordinance calls for a six (6) month education and community outreach effort, followed by a six (6)
month warning period before penalties would be issued. During the education and outreach period,
the City would implement an aggressive public education campaign to inform the public of the new
requirements. This would entail comprehensive community outreach through the Chamber of
Commerce, local schools, business associations, and homeowner and condominium associations.
In addition, the City would disseminate information about the new program through TV, website,
social media, and printed media. After the year of extensive education and outreach, the six (6)
month warning period (or pre-full implementation period) would take place, where only warning
notices without monetary fines would be issued.
In FY 2011/12, $50,000 was appropriated to initiate the education program. The City will retain a
marketing company to develop a unified educational campaign with the goal of increasing recycling
awareness and educating multifamily and commercial establishments. It is the intent that this
company will establish a model for the City to continue to use and build upon. In the future, the City
will also look to using volunteers to continue to promote recycling education within individual
condominiums and with the business community.
It is the intent to have enforcement of the new proposed ordinance conducted on a complaint driven
basis by a Sustainability Officer whose focus will be to provide education and guidance rather than
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City Commission Memo -Recycling Ordinance, Second Reading
June 6, 2012
Page 4 of5
issuing of fines. The new proposed ordinance fine schedule is less stringent than the County's. The
County ordinance states that a repeat violation which remains uncorrected beyond the time
prescribed for correction in the notice of violation shall be treated as a continuing violation, and the
additional penalty for each day of continued violation shall be equal to the doubled amount due for
the first day of the repeat violation. The Sustainability Committee recommended that the penalties in
the new proposed ordinance not accrue daily. The new proposed ordinance mandates the following
penalties for failing to provide a recycling program:
a) For the first violation, a fine of $350.
b) For the second violation, a fine of $500.
c) For the third violation, a fine of $1,000.
d) For the fourth and subsequent violations, a fine of $2,500.
The above fines mirror the City's fines for solid waste violations under Sec. 90-37 of the City Code,
except for the fourth and subsequent violations. The solid waste fine is $5,000 for the fourth and
subsequent violations. However, the Sustainability Committee recommended that the fine for the
fourth and subsequent recycling violations be $2,500.
The penalties for failing to use a single stream recycling process to separate recyclables from all
other solid waste are proposed as follows:
a) For the first violation, no fine.
b) For the second or subsequent violations, a fine of $100.
Legally, the City's Ordinance must reflect the separation requirements set forth by the County's
Ordinance. Staff conducted nationwide research regarding the method in which other municipalities
enforce separation requirements. Staff has not found any municipality that enforces separation or
has objective criteria to determine if a facility is not separating. The City's franchisee waste haulers
do not inspect recycling containers for contamination during pick-up. Rather, contamination is
handled at the material recovery facility. It is not possible to determine at the material recovery
facility from which specific customer the contamination originated. The Sustainability Committee has
recommended that following an intensive educational period, enforcement efforts be focused on
whether or not a recycling program is in place, rather than enforcement of the separation
requirements. Separation requirements will be enforced only on a complaint driven basis. If the City
receives a complaint regarding failure to separate garbage from the recycling, non-compliance will
be ascertained by visually determining if 1 0% of the material on the top of the recycling bin is
considered non-recyclable. The City Administration does not recommend that the solid waste
containers be inspected.
FINANCIAL IMPACT
Charter section 5.02 requires that the "City of Miami Beach shall consider the long-term economic
impact (at least 5 years) of proposed legislative actions." Staff has determined that there will be a
fiscal impact on the City's budget by enacting the proposed ordinance.
The implementation of the proposed recycling ordinance would require additional staffing. It is
projected that recurring annual operating costs for the City to implement the proposed ordinance are
to be approximately $67,500. This includes salaries and fringe benefits associated with one (1) full-
time staff and one (1) part-time staff. This estimate does not include one-time costs such as the
purchase of computers, vehicles, and office furniture, which are estimated to be in the range of
$36,800, for a total first year implementation cost of approximately $104,000. Attachment 8 outlines
the projections for staffing and operating costs. The proposed new positions will be submitted for
approval through the FY 2012/13 budget process.
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City Commission Memo -Recycling Ordinance, Second Reading
June 6, 2012
Page 5of5
The benefit of the City creating a separate ordinance from the County would be to enforce recycling
program requirements with the goal to increase recycling rates and divert recyclables from the solid
waste stream. The City can tailor the education and outreach specifically to the City's businesses
and residents to improve compliance. Under the proposed ordinance the City would be responsible
for identifying non-compliant facilities, conducting inspections, administering fines, and community
outreach. After the first year of implementation, staff will have a better estimate if one (1) full-time
and one (1) part-time staff are adequate to enforce the proposed ordinance.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Ordinance on
Second Reading Public Hearing.
Attachments:
A Proposed Recycling Ordinance
B. Recycling Ordinance Fiscal Analysis
JGG/FHB/JJF/RWS/ESW
T:\AGENDA\2012\6-6-12\Recycling Ordinance Memo.doc
314
ORDINANCE NO.--------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE MIAMI
BEACH CITY CODE, ENTITLED "SOLID WASTE," BY AMENDING THE
DEFINITIONS IN ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING
SECTION 90-2, ENTITLED "DEFINITIONS"; BY AMENDING ARTICLE II,
ENTITLED "ADMINISTRATION" BY AMENDING THE PENALTIES FOR
SOLID WASTE VIOLATIONS AND TO PROVIDE PROVISIONS AND
PENALTIES RELATIVE TO RECYCLING FOR MULTIFAMILY
RESIDENCES AND COMMERCIAL ESTABLISHMENTS; BY CREATING
ARTICLE V, TO BE ENTITLED "CITYWIDE RECYCLING PROGRAM FOR
MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS,"
TO PROVIDE PROVISIONS FOR RECYCLING REQUIREMENTS AND
ENFORCEMENT, A PUBLIC EDUCATION PROGRAM, A WARNING
PERIOD, AN ENFORCEMENT DATE, REQUIREMENTS FOR RECYCLING
CONTRACTORS, PENAL TIES, AND SPECIAL MASTER APPEAL
PROCEDURES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the recycling of recyclable materials is in the best intere.st of the
environment, City residents, and in maintaining the City's prominence as a world class resort
destination; and
WHEREAS, by managing solid waste and conserving material resources through
reduction, reuse, and recycling, the City will help minimize impacts to the quality and safety of
the local environment, reduce costs of waste disposal, and decrease the carbon footprint
associated with the production use, and disposal of materials; and
WHEREAS, the City seeks to establish a Citywide Recycling Program for multifamily
residences and commercial establishments that provides standards that are equivalent to or
exceed the minimum recycling requirements of Miami-Dade County; and
WHEREAS, pursuant to Sections 15-2.2 through 15-2.4 of the Miami-Dade County
Code, the City and Miami-Dade County have agreed that the following Citywide Recycling
Program meets the minimum standards set forth in section 15-2.5 of the Miami-Dade County
Code and, in conjunction with the passage of this Ordinance, the City and Miami-Dade County
will enter into a Memorandum of Understanding so that the City may implement said Program.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article I, entitled "In General," of Chapter 90 of the Miami Beach City Code,
entitled "Solid Waste," is hereby amended as follows:
CHAPTER 90
SOLID WASTE
* * *
315
ARTICLE I. IN GENERAL
Sec. 90-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
* * *
Commercial establishment means an establishment dealing in an exchange of goods or
services for money or barter. For purposes of this chapter, the term shall include churches,
synagogues and schools.
* * *
Multifamily residence means a building occupied or intended to be occupied by two (2)
or more families living separately, with separate kitchens in each unit.
* * *
Offense means a notice of violation that has not been appealed timely or a finding of a
violation by a special master following the appeal of a violation.
* * *
Premises means real property and includes any buildings or structures thereon.
* * *
Recyclable material§. means those materials capable of being recycled and which would
otherwise be processed or disposed of as solid waste. Any recyclable material mixed with solid
waste shall be considered to be solid waste.
Recycling means any process by which recyclable materials are collected, separated, or
processed to be reused or returned to use in the form of raw materials or products.
Recycling container means a container approved by the city manager for collection of
recyclable material by a recycling contractor.
Recycling contractor means a private contractor licensed by the city and state who
collects recyclable materials and transports same to a state or county-licensed recycling facility
for processing. Recycling contractors must provide their customers with a separate recycling
container for recyclable materials.
Single-stream recycling means a process by which certain recyclable materials are
mixed together instead of being sorted into separate recycling containers in the collection
process.
SECTION 2. That Article II, entitled "Administration," of Chapter 90 of the Miami Beach City
Code entitled "Solid Waste," is hereby amended as follows:
2
316
CHAPTER 90
SOLID WASTE
* * *
ARTICLE II. ADMINISTRATION
Sec. 90-36. Enforcement of chapter; notice of violation.
(a) The city manager is hereby authorized and directed to enforce all the provisions of
this chapter regulating and governing the accumulation, collectionJ. and disposal of solid waste.
The city manager shall have the power to delegate duties to employees working under his
authority (including. without limitation. the city's public works director) in the enforcement of the
provisions of this chapter.
(b) Upon presentation of proper credentials, an inspector designated by the city
manager may enter any building, structure, lot or other premises for the purpose of inspection,
or to prevent violations of this chapter.
(c) The existence of solid waste shall be prima facie evidence that the same was
created or placed there by the occupant of the dwelling or commercial establishment; or the
owner; or the operator or manager. The existence of the same garbage inside the same
garbage containers for four (4) consecutive days upon premises serviced by a private waste
contractor shall be prima facie evidence of a violation of this chapter by the contractor. For
purposes of this section premises serviced by a private waste contractor shall not include
accounts that have been discontinued by the contractor when notice of discontinued service has
been mailed to the owner, occupant; or operator or manager, as well as to the city, prior to the
accumulation of the garbage.
(d) Whenever a designated city inspector observes a violation (or violations) of this
chapter regarding solid waste or an accumulation of solid waste that creates a health hazard,
environmental hazard, or nuisance, the inspector shall order the violation(s) to be corrected
within a specified period of time by serving a written notice of violation(s) upon the person
causing, or responsible for, such violation and/or health hazard, environmental hazard, or
nuisance. Such person shall immediately cease or abate the violation(s).
(e) 1:::. +Ae notice of violation shall be served personally or by certified mail upon the
property owner or upon the personf§l in lawful possession of the premises, and/or upon the
waste contractor servicing the premises. If the person addressed with such notice cannot be
found by the city after making reasonable good faith effort, such notice shall be sent by certified
mail to the last known address of such person, and a copy of the notice shall be posted in a
conspicuous place on the premises. Such notice shall be deemed the equivalent of personal
service.
(f) The notice shall specify any fine(s) that may be due in connection with the
violation(s)J. the time specified by the inspector to correct the violations, and the procedure for
timely payment or appeal of the fine(s).
(g) If the inspector determines that the conditions constitute an immediate threat to the
health, safety or welfare of the public, he/she may order the immediate correction of the
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violation(s) at the expense of the occupant; owner; or operator or manager and the city shall
have the right to recover such expenses as provided in section 90-~ 37.
ill The enforcement of the recycling requirements for the citywide recycling program
for multifamily residences and commercial establishments provided for in Article V of this
chapter. and the penalties for violations of Article V. are provided in sections 90-345 through 90-
347 of this chapter.
Sec. 90-37. Removal of waste by city; penalties for violations.
If the person served with a notice of violation pursuant to section 90-36 does not correct
the violation within the specified time, the city manager may do the following:
(1) For violations involving failure to remove solid waste, the city manager may
cause the waste to be removed from the premises and charge the actual costs to
the owner; occupant; or operator or manager, on a force account basis. Any fine
due pursuant to section 90-39 or 90-40 shall also be charged to the owner;
occupant; or operator or manager. Failure to pay such costs and fines or to
appeal pursuant to section 90-38 within fifteen (15) days of receipt of the notice
shall result in the imposition of a lien upon the property, in the amount of such
costs and fines. Such liens shall be treated as special assessment liens against
the subject real property and, until fully paid and discharged, shall remain liens
equal in rank and dignity with the lien of ad valorem taxes, and shall be superior
in rank and dignity to all other liens, encumbrances, titles and claims in, to or
against the real property involved. Such liens shall be enforced by any of the
methods provided in Ch. 86, Florida Statutes; or, in the alternative, foreclosure
proceedings may be instituted and prosecuted under the provisions of Ch. 173;
Florida Statutes; or the collection and enforcement or payment thereof may be
accomplished by any other method authorized by law. The owner; occupant; or
operator or manager shall pay all costs of collection, including reasonable
attorneys fees incurred in the collection of fines, and other charges, penalties,
and liens imposed by virtue of this chapter.
(2) For violations of this chapter for which no fine is specified in sections 90-39
and 90-40, the city attorney may prosecute the violators pursuant to section 1-14.
Fines for such offenses shall be as follows:
a. First offense, $350.00.
b. Second offense, $500.00.
c. Third offense, $1 ,000.00.
d. Fourth or subsequent offense. $5.000.00.
(3) For violations which present a serious threat to the health, safety or welfare
of the public and/or violations that are oontimmlly repeated constitute a fourth or
subsequent offense by the same violator, the city attorney may seek injunctive
relief and/or, in the case of commercial establishments, revoke the business tax
receipt and/or certificate of use of the establishment and/or premises, in addition
to the penalties set forth in sec. 90-37(2).
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Sec. 90-38. Appeal to special master.
(a) Any person receiving a notice of violation pursuant to section 90-36 and/or 2.._notice
of fine pursuant to section§ 90-39 and/or 90-40 may request, within fifteen (15) days of receipt
of the notice, an administrative hearing before a special master, appointed as provided in article
II of chapter 30, to appeal the decision of the city inspector resulting in the issuance of the
notice. Procedures and application fee for the scheduling and conduct of the hearing shall be as
provided in sections 102-384 and 102-385. Failure to appeal within the prescribed time period
shall constitute a waiver of the violator's right to an administrative hearing. A waiver of the right
to an administrative hearing shall be treated as an admission of the violation, as noticed, and
fines and penalties may be assessed accordingly.
(b) Timely filing of a notice of appeal pursuant to this section shall toll the imposition of
a lien pursuant to section 90-37 or 90-136, or enforcement procedures pursuant to section 90-
36, until thirty (30) days after the issuance of a written determination by the special master. Any
amounts of money due the city pursuant to such determination must be received by the city
within thirty (30) days after the issuance of the determination, or a lien shall be imposed upon
the property in question, and any other enforcement or collection procedures commenced, as
provided by this chapter or under state law.
SECTION 3. That Article V, to be entitled "Citywide Recycling Program for Multifamily
Residences and Commercial Establishments," of Chapter 90 of the Miami Beach City Code,
entitled "Solid Waste," is hereby created as follows:
CHAPTER 90
SOLID WASTE
* * *
ARTICLEV.
CITYWIDE RECYCLING PROGRAM FOR
MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS
Sec. 90-340. Recycling program and separation of recyclable materials from solid waste
stream required for multifamily residences of nine (9) dwelling units or more;
owner/association liability; recycling contractors' assistance.
(a) As of Januarv 1. 2013. every multi-family residence of nine (9) dwelling units or
more shall provide a recycling program pursuant to this section or a City approved modified
recycling program pursuant to section 90-345. The property owner shall be liable for the failure
to provide a recycling program or a modified recycling program approved by the City. provided.
however. that a condominium or cooperative apartment having a condominium association or a
cooperative apartment association shall be liable. rather than the individual unit owner(s). for a
violation of this subsection. Further. recycling contractors shall assist and provide written notice
to the director of public works in identifying multifamily residences subject to this article which do
not have a recycling program or. in the alternative. which have allowed a recycling program to
lapse or expire.
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(b) As of Januarv 1. 2013. everv multifamily residence of nine (9) dwelling units or
more shall be required to use a single stream recycling process to separate. from all other solid
waste. the five (5) following recyclable materials:
1l Newspaper. Used or discarded newsprint. including any glossy inserts;
~ Glass. Glass jars. bottles. and containers of clear. green or amber
(brown) color of any size or shape used to store and/or package food and
beverage products for human or animal consumption. and/or used to
package other products. which must be empty and rinsed clean of residue.
This term excludes ceramics. window or automobile glass. mirrors. and
light bulbs;
.ID Metal food and beverage containers. All ferrous and nonferrous (i.e ..
including, but not limited to. steel, tin-plated steel, aluminum and bimetal)
food and beverage containers (i.e .. including, but not limited to. cans.
plates. and trays) of any size or shape used to store and/or package food
and beverage products suitable for human or animal consumption. which
must be empty and rinsed clean of residue:
1}. Other metal containers. All other ferrous and non ferrous containers used
to package household products including. but not limited to. paint cans
and aerosol cans. which must be empty and rinsed clean of residue;
§). Plastics. All high density polyethylene (HOPE) and/or polyethylene
terephthalate (PET) bottles. jugs. jars. cartons. tubs, and/or other
containers. and lids. of any size or shape used to package food,
beverages. and/or other household products. or crankcase oil, which must
be empty and rinsed clean of residue. This term excludes all plastic film.
plastic bags, vinyl, rigid plastic (i.e .. toys). and plastic foam materials; and
(c) Everv multifamily residence of nine (9) dwelling units or more shall be serviced
by a recycling contractor licensed by the city and state.
Sec. 90-341. Recycling program and separation of recyclable materials from solid waste
stream required for commercial establishments; joint and several liability; recycling
contractors' assistance.
w As of Januarv 1. 2013, every commercial establishment shall provide a recycling
program pursuant to this section or a City approved modified recycling program pursuant to
section 90-345. The failure of a commercial establishment to provide a recycling program or a
modified recycling program shall result in joint and several liability for the property owner(s) and
the owner(s) and operator(s) of the commercial establishment. Further. recycling contractors
shall assist and provide written notice to the director of public works in identifying commercial
establishments which do not have a recycling program or. in the alternative. which have allowed
a recycling program to lapse or expire.
{Ql As of Januarv 1. 2013. everv commercial establishment shall be required to use
a single stream recycling process to separate. from all other solid waste. three (3) of the
following seven (7) recyclable materials.
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.1l Newspaper. Cardboard. Magazines. and Catalogues. Telephone Books and/or
Directories. and Office Paper. As defined, but not limited to. the same type(s) of
recyclable materials as provided in Section 90-340(b)(1);
.fl Glass. As defined and including the same type(s) of recyclable materials as
provided in Section 90-340(b)(1)(2);
~ Metal food and beverage containers. As defined and including the same type{s)
of recyclable materials as provided in Section 90-340(b)(3);
11 Other metal containers. As defined and including the same type(s) of recyclable
materials as provided in Section 90-340(b)(4). but also. for purposes of this
subsection {4), including scrap metal, which shall mean used or discarded items
suitable for recycling, consisting predominantly of ferrous metals, aluminum,
brass. copper. lead, chromium. tin. nickel or alloys thereof including, but not
limited to. bulk metals such as large metal fixtures and appliances (including
white goods such as washing machines. refrigerators. etc.), but excluding metal
containers utilized to store flammable or volatile chemicals. such as fuel tanks;
§l Plastics. As defined and including the same type(s) of recyclable materials as
provided in section 90-340(b)(5);
§l Textiles;
Zl Wood. Clean wood waste and/or pieces generated as by-products from
manufacturing of wood products. It excludes clean yard waste and clean waste
(i.e. natural vegetation and minerals such as stumps, brush, blackberry vines.
tree branches. and associated dirt. sand. tree bark, sand and rocks). treated
lumber. wood pieces. or particles containing chemical preservatives. composition
roofing. roofing paper. insulation. sheetrock. and glass.
if} Every commercial establishment shall be serviced by a recycling contractor
licensed by the city and state.
Sec. 90-342. Unauthorized collection of designated recyclable materials.
Only those recycling contractors that have been authorized and licensed by the city and
the state to collect designated recyclables in the city shall be authorized to collect recyclable
materials under this article. All recycling contractors shall comply with all applicable state and
city laws and regulations.
Sec. 90-343. Public education program; requirements for recycling contractors; warning
period; enforcement date.
,ru Beginning June 1. 2012. the city shall engage in public education efforts and the city
shall not prosecute individuals who unknowingly fail to provide a recycling program
or a city approved modified recycling program. or unknowingly fail to separate
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recyclable materials from all other solid waste materials required to be separated by
this article. until as provided in subsections (c) and (d) of this section .
.Ql All recycling contractors must appropriately designate the recycling collection
containers they provide to customers. The containers must contain the appropriate
signage and information, as shall be established and approved by the city pursuant
to subsection (c) below. that allows users to clearly and easily identify the container
for recycling.
£l Beginning January 1. 2013, the city shall provide for a six (6) month warning period,
through and including December 31. 2012. in which warning tickets shall be issued
to persons who fail to provide a recycling program. or a City approved modified
recycling program. or fail to separate recyclable materials from all other solid waste
materials. regardless of knowledge or intent.
g} Beginning July 1. 2013. this article shall be enforced and penalties shall be applied
and imposed for violations of this article as provided in sections 90-345 and 90-346.
Sec. 90-344. Modified recycling programs.
{2}. Recycling programs which incorporate modifications. substitutions or reductions to the
requirements of Sections 90-340 and 90-341 may be submitted to the city's public works
director ("director'') for approval. Approval. rejection. or approval with conditions of the
proposed modified recycling program shall be determined by the director. The director
shall consider the following factors in evaluating the proposed modified recycling
program:
ill Whether the establishment operates a recycling program. and is self-hauling the
materials to a recyclable material vendor.
m Whether the establishment generates a lesser number of recyclable materials
than the required minimum types of recyclables required in Sections 90-340 or
90-341. as applicable.
Ql Whether the establishment generates and recycles materials not listed in Section
90-340 or Section 90-341. as applicable.
ffi Whether the establishment is contracting with a permitted private hauler for
collection services. which services provide for a post-collection separation of
recyclable material. and which:
ill generate recyclable materials which comply, in kind and quantity. with the
recycling requirements provided for in Section 90-340 or Section 90-341.
as applicable: and
{ill utilize a materials separation facility which is permitted in accordance with
all applicable federal, State and local laws.
fQl Any person seeking approval of a modified recycling program shall submit an application
in such form as is prescribed by the director. All modified recycling programs shall be
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reviewed on an annual basis and applicants shall be required to confirm or revise the
information contained in their applications at that time. An application for approval of a
modified recycling program shall include, but not be limited to. the following
documentation. as appropriate to the specific application:
ill Supporting documentation to evidence self-haul activities. which shall include
proof of source-separation activities and copies of receipts from recyclable
material purchasers.
f6l A waste composition study of the waste generated by the applicant. which shall
cover a representative time period of no shorter than one ( 1) week .
.Ql A copy of the applicable contract with a post-collection separation facility, specifying
materials and volumes recycled which are attributable to the applicant.
Sec. 90-345. Enforcement.
(a) The city manager is hereby authorized and directed to enforce all the provisions of
this article regulating and governing the accumulation. collection. recycling, and disposal of
recyclable materials. The city manager shall have the power to delegate duties to employees
working under his authority in the enforcement of the provisions of this article.
(b) Whenever a designated city inspector observes a violation(s) of this article. or an
accumulation of recyclable materials that creates a health hazard. environmental hazard. or
nuisance. the inspector shall order the violation(s) to be corrected within a specified period of
time by serving a written notice of violation(s) upon the property owner or upon the manager or
other person in charge. Such person(s) shall immediately cease or abate the violation(s).
(c) If the inspector determines that the conditions constitute an immediate threat to the
health. safety or welfare of the public. the inspector may order the immediate correction of the
violation(s) at the expense of the property owner. manager. or other person in charge. and the
city shall have the right to recover such expenses as provided in section 90-37(1).
(d) A notice of violation shall be served personally or by certified mail upon the property
owner. or upon the manager or other person in charge of the premises. If the person addressed
with such notice cannot be found by the city after making a reasonable good faith effort. such
notice shall be sent by certified mail to the last known address of such person. and a copy of the
notice shall be posted in a conspicuous place on the premises. Such notice shall be deemed the
equivalent of personal service.
(e) Beginning July 1. 2013. violators of sections 90-340 and 90-341 shall be issued one
warning and shall correct the violation within 30 days. If the violation is not corrected within 30
days. a notice of violation shall be issued. After one warning. violators of sections 90-340 and
90-341 shall be issued a notice of violation. All notices of violations shall specify any fine or
penalty that may be due in connection with the violation(s). the time specified by the inspector to
correct the violation(s). and the procedure for timely payment or appeal of the fine or penalty.
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Sec. 90-346. Penalties for violations of this article; removal of recyclable materials by
city; liens imposed for failure to pay fines or appeal.
.{§} Penalties for violations of sections 90-340(a) and 90-341 (a) shall be as follows:
(1) For the first violation. a fine of $350.00.
(2) For the second violation. a fine of $500.00.
(3) For the third violation. a fine of $1000.00.
(4) For the fourth violation. a fine of $2.500.00.
,(Ql The penalty for violation of sections 90-340(b) and 90-341(b) shall be as follows:
ill For the first violation. no fine.
ill For the second or subsequent violations. a fine of $100.00.
.{£} The penalty for all other violations of this article shall be $250.00 for each
violation.
@ Any penalty due pursuant to this article shall be charged to the person or entity
as provided in section 90-340(a) or section 90-341 {a). Failure to pay such costs and penalties,
or to appeal pursuant to section 90-347 within fifteen (15) days of receipt of the notice of
violation shall result in the imposition of a lien upon the premises. in the amount of such costs
and penalties. Such liens shall be treated as special assessment liens against the subject real
property and. until fully paid and discharged, shall remain liens equal in rank and dignity with the
lien of ad valorem taxes. and shall be superior in rank and dignity to all other liens,
encumbrances, titles and claims in. to or against the real property involved. Such liens shall be
enforced by any of the methods provided in Ch. 86. Florida Statutes; or. in the alternative,
foreclosure proceedings may be instituted and prosecuted under the provisions of Ch. 173;
Florida Statutes; or the collection and enforcement or payment thereof may be accomplished by
any other method authorized by law. The owner. occupant, operator. or manager of the
premises shall pay all costs of collection. including reasonable attorneys fees incurred in the
collection of fines. and other charges. penalties. and liens imposed by virtue of this chapter .
.(§2 For violations which (i) present a serious threat to the health, safety or welfare of
the public. and/or (ii) constitute a fourth or subsequent offense by the same violator under
section 90-346(a), the city may seek injunctive relief and/or. in the case of commercial
establishments. revoke the business tax receipt and/or certificate of use of the establishment
and/or premises, in addition to the penalties set forth in section 90-346{a), (b), or (c). as
applicable.
Sec. 90-347. Appeal to Special Master.
(a) Any person receiving a notice of violation pursuant to this article may request, within
fifteen (15) days of receipt of the notice, an administrative hearing before a special master,
appointed as provided in article II of chapter 30. to appeal the decision of the city inspector
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324
resulting in the issuance of the notice. The procedures and application fee for the scheduling
and conduct ot" the hearing shall be as provided in sections 102-384 and 102-385. Failure to
appeal within the prescribed time period shall constitute a waiver of the violator's right to an
administrative hearing. A waiver of the right to an administrative hearing shall be treated as an
admission of the violation, and fines and penalties may be assessed accordingly.
(b) Timely filing of a notice of appeal pursuant to this section shall toll the imposition of
a lien or enforcement procedures pursuant to section 90-347, until thirty (30) days after the
issuance of a written determination by the special master. Any costs or penalty amounts due
the city pursuant to such determination must be received by the city within thirty (30) days after
the issuance of the determination, or a lien shall be imposed upon the premises. and any other
enforcement or collection procedures may be commenced, as provided by this chapter or under
state law.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 5. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 6. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect the day of-------· 2011.
PASSED and ADOPTED this day of-------· 2011.
ATTEST:
MAYOR MATTI HERRERA BOWER
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions and Strike thro~::~gh denotes deletions.
F:\A TTO\TURN\ORDINANC\Recycling Program Ordinance 2012.docx
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<9 MIAMI BEACH Attachment B Recycling Ordinance Fiscal Analysis -1 Full-time & 1 Part-time Sustainability Officers EXPENDITURES Staffing Hourly Rate Hours # Salary Pension Medicare Health OT Holiday Pay Uniforms Total --FT -Sustainability Officer $ 20.09 2,080 1 $ 41,787.20 $ 845 $ 605.91 $2,487 6,257 $ 592.20 $ 921.32 $53,495 PT -Code Compliance Off. $ 20.09 1,534 1 $ 30,818.06 $ 770 $ 446.86 $0 0 $ 600.00 $32,635 TOTAl C).J 0"1 1 $41,787 $845 $606 $2,487 6,257 $592 $921 $53,495 On-Going Operating Expenditures Cost I unit # Fuel, Maintenance & Insurance $ 6,505 2 $ 13,010.00 $13,010 Office Supplies $ 463 2 $ 926.00 $926 TOTAl $ 13,936.00 $13,936 One-Time Expenditures Cost I unit # TOTAL ANNUAL I $67,431 I w Vehicles -Ford Focus $ 13,133 2 $ 26,266.00 EXPENDITURES 1'.) 0) Furniture, Fixtures & Equipment $ 1,000 2 $ 2,000.00 Computers and Software $ 4,269 2 $ 8,538.00 (Data provided by IT) Plus 1st Year Start-Up Costs I $36,804 I TOTAl $ 36,804 TOTAL-First Year I $104,235 I
X
I? MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
(C9RRECTIO~ TO THE MAY ~4;-2012 N~TICE QF_PUBLIC H_EARiNGS)
NOTICI: IS,HEREBY given that second readings and public hearings will be held :by the Mayor and City Commission
of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Han; 1700 Convention Center Drive, .
Miami Beach, Florida, on WEDNESDAY, June 6, 2012 to consider the following: •
1&:15a.m.
· Board Member Qualifications And Categories .,
Ali OroinanceAmendingTlie Land Development Regulations OfThe City Code By Amending Chapter 118, "Administrative
And Review Procedures," Article II, "Boards," Division 2, "Planning Board," Section 118-53, "Composition;" Division 3,
"Design Review Board," Section 118-72, "Membership;" Division 4, "Historic Preser,:vation Board," Section 118-103,
"Membership;" And 118}1 04, "Appointment;' Division 5, "Board Of Adjustment," Section 118-131, "Membership," To
Clarify The Qualifications And Categories Of Members To Be Appointed To The City's Land Use Boards~-·
Inquiries may be directed to the Planning Department at (305) 673-7550: · '
1o:2sa.ln. . . -.
Ordinance Amending Chilpter 90 OfThe Miami Beach ·city Cooe, Entitled· "SOlid Waste,"·By Amending The Definitions.
In Article I, Entitled-"In General," By Amending Section 90-2, Entitled "Definitions"; By Amending Article II, Entitled
"Administration" By Amending The Penalties.For Solid Waste Violations And. To Provide ·Priivisions..And P.enalties
Relative To Recycling For Multifamily ResidencesAnd Commercial Establishments; By Creating Article V,To Be Entllled
"Citywide Recycling Program For Multifamily Residences And Commercial Establishments," To Provide Provisions
Fo( Recycling' Requirements And Enforcement, A Putilic Education Program, A Warning Period, Ali Enforcement Date,
~J!i!uirements For Recycling Contractors, Penalties, AndSpecial Master Appeal P[ilcedures.
Inquiries may be directed to the Public Works Department at (305) 67'3-7080.
10:30a.m.
Ordinance Amend_ing The Land Development Regulations Of The City Code, Chapter 118, "Administration And
Review Procedures," By Creating A New Article XII, "Maintenance And Security Bonds," Establishing Definitions And
Requirements For Property Owners Applying For Development Review Approval For Substantial Construction Work To
Ensure That Their Properties Are Properly Maintained And Secured Until Completion Of Work
Inquiries may be. directed to the Planning Department at (~05) 673--7550.
10:35a.m. .
Ordinance Amending Chapter 70 Of The Miami Beach City Code Entitled "Miscellaneous Offenses,"-By Amending ·
Article il, Entitled "Pup lie Places"; By Amending Division II, Entitled "Bicycling; Skateboarding, Roller Skating, In-Line
Skating, And Motorized Means Of Transportation," By-Amending Section 70-66, Entitled "Definitions," By 'lidding
· A Definition For Bicycle· Patlli And By Amending Section 70~67,' Enijth3d "Prohibited Activities," By Amending The
Prohibitions Regarding Motorized Means OfTransportation, Including Electric Personal ASsistive Devices (Also Known
As Segways), By Rewording The Provisions Therein And Conforming The Language To State· Law; By Restricting The
Speed Of Electric Personal Assistive Devices To Six (6) MPH On All City Sidewalks, Sidewalk Areas, And Bicycle Paths;
And By Prohibiting The-Operation Of Electronic Personal Assistive Mobility Devices On Interior Pathways Wrthin South
Pointe ParkAnd.Collins Park; By Amending Section 70-68, Entitled "Exemptions," By Exempting ihe Use Of Electric
Personal Assistive Mobility Devices By City PoliceAnd City Contracted Services From The ReStrictions-Of Division-11; By
Amending Section 70-69,,Entitled '.'Responsibilities Of Bicyclists And Skaters," By Adding Responsibilities For Per:sons
Operating Eiectric Personal Assistive_Mobility Devices; By Amending Section 70-70, Entitled "P~nalties," To Provide For
Responsibilities Of Businesses Providing Rentals And Tours Of Electric Personal Assistive Mobility Devices; By Creating
Section 70-71, To Be Entitled "Penalties" To Provide Civil Penalties In Addition To Existing· Non~Criminal Infraction
Penalties For The Violation Of Certain Provisions ln·Chapter 70, Article II, Division-11 . -
Inquiries may be dire~ed to the Public Works Department at (305) 673-7080
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in •
writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami
Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours
in the City Clerk's Office, 1700 ·Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This
meeting may be continued and under such circumstances additional legal notice would not be provided:
Rafael E. Granado, City Clerk
City of Miami Beach ·
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any
decision made by the City Commission with· respect to any matter considered at its meeting or its himring, sitch person
must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence
. upon which the appeal is to be based. This notice does not constitute consent by the City for'the introouction or
admission of otherwise inatlmissible or irrelevant evidence, nor does it authorize challenges or appeals not iltherwise
allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons With
disabilities, and/or any accommodation to review any document· or participate in any city-sponsored proceeding,
pfease contact (305) 604-2489 (voice), _(305)673-7218(TTY) five days in advance to initiate your request. TI¥ users
may also call 711 (Florida Relay Service). . ·
Ad#707
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Condensed Title:
Chapter 118, "Administration and Review Procedures," by creating a new Article XII, "Maintenance
and Security Bonds," establishing definitions and requirements for property owners applying for
development review approval for substantial construction work to ensure that their properties are
_proQerly maintained and secured until completion of work.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc.): While nearly half, 47.6%, suggested the
effort put forth by the City to regulate development is "about the right amount," nearly one-third, 29.6%,
indicated "too little" effort is being put forth by the City in this area.
Issue:
Should the City Commission amend the City Code to require a Maintenance and Security Bond for
ualif in ro·ects?
Item Summary/Recommendation:
SECOND READING PUBLIC HEARING
The proposed ordinance is designed to require property owners who seek Development Review
Board or Planning Department approval for qualifying projects to submit a bond, or other approved
instrument, to the City prior to such approval, thus providing a mechanism for the City to draw upon
the funds, if necessary, for the purpose of lot clearance, boarding and fencing.
At the May 18, 2011 Land Use and Committee meeting, the Committee requested to forward to the
Planning Board for its review and recommendation an ordinance amendment that would require
property owners to post a Maintenance Security Instrument for qualifying projects.
The Administration recommends that the City Commission adopt the groposed ordinance.
Adviso Board Recommendation:
At its March 27, 2012 meeting, the Planning Board reviewed the proposed ordinance and by a vote of
6-1 recommended that the Cit Commission a rove the ordinance.
Financial Information:
Source of Amount Account
Funds: 1
D 2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will not be a significant measurable impact on
the City's budget by enacting the proposed ordinance. The proposed ordinance may help to
eliminate or reduce the need for the City_ to advance funds for these JJUrposes.
C1t Clerk's Office Le islative Trackin
MIAMI B,EACH 329
AGENDAnEM
DATE
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33_139, www.miamibeachfLgov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager 0x----/:
June 6, 2012 se'1nd ~ading Public Hearing
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, CHAPTER 118,
"ADMINISTRATION AND REVIEW PROCEDURES," BY
CREATING A NEW ARTICLE XII, "MAINTENANCE AND
SECURITY BONDS," ESTABLISHING DEFINITIONS AND
REQUIREMENTS FOR PROPERTY OWNERS APPLYING
FOR DEVELOPMENT REVIEW APPROVAL FOR
SUBSTANTIAL CONSTRUCTION WORK TO ENSURE
THAT THEIR PROPERTIES ARE PROPERLY
MAINTAINED AND SECURED UNTIL COMPLETION OF
WORK; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed
Ordinance.
BACKGROUND
On March 22, 2010, the Land Use and Development Committee discussed how to
further enhance the monitoring and management of vacant properties on the 300 Block
of Ocean Drive within the current means of the City until such time as the domestic
economy recovers and positive private redevelopment of these properties resumes.
During this discussion staff was directed to research what other communities currently
have provisions to require maintenance bonds.
According to City of Miami Beach Code, Sections 58-300 and 58-301, the City may take
action to remedy unsanitary conditions within vacant properties and may secure vacant
buildings including securing the property with a fence and boarding up unsecured
openings. Currently, if a property owner fails to respond to notice of violation as
specified in Sections 58-300 and 58-301, the City may perform the required remediation
and file a lien against the property for the cost of work, fees and penalties. An ordinance
requiring a maintenance bond or security for certain projects prior to building permit
330
Commission Memorandum of June 6, 2012
Maintenance Bond Ordinance
Page 2 of3
and/or extension of time, may help to eliminate or reduce the need for the City to
advance funds for these purposes.
On July 26, 2010, the Land Use and Development Committee discussed the potential
adoption of an ordinance requiring a Maintenance Bond or Security Instrument to ensure
construction meets property maintenance and security standards. During this discussion
staff was directed to work with the Building Department and Code Compliance in order
to determine potential security amounts for various project types.
On March 16, 2011, the Land Use and Development Committee discussed the potential
adoption of an ordinance requiring a Maintenance Bond or Security Instrument.
At the May 18, 2011 Land Use and Committee meeting, the Committee referred an
ordinance amendment that would require property owners to post a Maintenance
Security Instrument for qualifying projects.
At its March 27, 2012 meeting, the Planning Board held a public hearing and voted in
favor (6-1) of recommending that the Mayor and City Commission approve an ordinance
amending the Land Development Regulations of the City Code by creating a new article,
"Maintenance and Security Bonds." In addition, the Planning Board voted to recommend
that the proposed ordinance be amended to clarify that a 'Contributing' building or
structure refers to buildings listed on the National Register of Historic Places as well as
those listed within locally designated historic districts or sites.
On May 9, 2012, The City Commission approved the Ordinance on First Reading.
ANALYSIS
The Planning Department, in close consultation with the Building Department and Code
Compliance, has developed details with regard to a potential Ordinance which would
require a Maintenance and Security Bond for certain qualifying projects which require
Development Review Board approval and for qualifying projects which are approved at
an Administrative level.
The determination of the proposed bond amount is based upon a number of factors,
including the average, typical cost incurred by the City over time for site security, fencing
and gates, lot clearance and mowing, and the limited boarding up of window and door
openings of abandoned properties, all of which can be recurring. The square footage of
the property (lot) for proposed development was also taken into consideration when
developing the proposed security amounts. The cost was determined to be higher for
properties containing a structure listed as 'Contributing' within an historic district, or
properties containing an individually designated historic structure, due to the protection
of significant historic architectural features. In addition, it is necessary to secure all
openings including those above the ground floor and open stair bulkheads of historic
buildings to protect the integrity of the structures. This may include using concrete block
to secure openings that have been continuously breeched.
The $4,000 -$20,000 Range of Recovery has been carefully analyzed by Planning Staff.
All available Building Department data regarding costs the City has incurred with regards
to Board-Up, Fencing and Lot Clearance has been reviewed. Three years of invoices
were analyzed, with the peak amounts paid by the City occurring in FY 2009-2010.
331
Commission Memorandum of June 6, 2012
Maintenance Bond Ordinance
Page 3 of3
Planning staff calculated the average and median cost to the City for FY 2009-2010 per
property according to the parcel square footage and historic status (these figures take
into consideration that a single property may be serviced more than once per year). It is
important to note that these costs are for Board-Up, Fencing and Lot Clearance only.
The bond amounts listed in this ordinance are not intended for structural or other
building repair, emergency shoring and bracing or emergency demolition.
SUMMARY
The proposed ordinance will clearly have a limited financial impact upon proposed
development projects within the City. However, the Administration believes that the
ordinance as proposed addresses many of the problematic issues and concerns
identified by the Land Use Committee and Planning Board.
FISCAL IMPACT
In accordance with Charter section 5.02, which requires that the "City of Miami Beach
shall consider the long-term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long-term economic
impact (at least 5 years) of this proposed legislative action, and determined that there
may not be a measurable impact on the City's budget by enacting the proposed
ordinance.
In FY 2009-2010, the City spent $18,801.50 for the Lot Clearance (cleaning, mowing,
pool maintenance) of properties and $140,296.68 for the boarding up and fencing of
vacant properties, for a total of $159,098.18. The proposed Maintenance and Security
Bond would require property owners who seek Development Review Board or Planning
Department approval for qualifying projects to submit a bond to the City prior to such
approval, thus providing a mechanism for the City to draw upon the funds, if necessary,
for the purpose of lot clearance, boarding and fencing. The proposed ordinance may
help to eliminate or reduce the need for the City to advance funds for these purposes.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
R6--'-, r;;;Q JMG:JGG:RGL:WHC~ 1
F:IT _Orive\AGENDA\201215-9-12\Maintenance Bond_Memo.doc
332
ORDINANCE NO.------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE,
CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," BY CREATING A NEW ARTICLE XII,
"MAINTENANCE AND SECURITY BONDS," ESTABLISHING
DEFINITIONS AND REQUIREMENTS FOR PROPERTY
OWNERS APPLYING FOR DEVELOPMENT REVIEW
APPROVAL FOR SUBSTANTIAL CONSTRUCTION WORK TO
ENSURE THAT THEIR PROPERTIES ARE PROPERLY
MAINTAINED AND SECURED UNTIL COMPLETION OF WORK;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which
promote the public health, safety and general welfare of its citizens; and,
WHEREAS, the City of Miami Beach has determined that the presence of
abandoned properties poses a health and safety risk to the citizens of Miami Beach;
and,
WHEREAS, the City Commission finds that the detrimental effects of abandoned
properties include neighborhood decline, attractive public nuisance, mosquito and
animal control problems, and increased crime ; and,
WHEREAS, many abandoned properties are the responsibility of owners,
lenders, trustees and others who cannot be found, cannot be reached by local legal
process, or for other reasons fail or refuse to satisfy their responsibilities as to such
abandoned properties, including, without limitation, their responsibilities to adequately
maintain and secure these properties; and,
WHEREAS, the amendments set forth below to the City Code are necessary to
address the above problems;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Subpart B, "Land Development Regulations", Chapter 118, "Administration
and Review Procedures", of the City Code is hereby amended by the enactment of a
new Article XII entitled "Maintenance and Security Bonds", as follows:
333
ARTICLE XII. MAINTENANCE AND SECURITY BONDS
Sec. 118-801. -Purpose and Intent
Unsecured. vacant, neglected. unmaintained. and abandoned sites and buildings
present a danger to the health. safety, morals and welfare to the public. and the safety
and to the welfare of public safety officers. and as such. constitute a public risk. hazard
or nuisance. This Article is enacted to promote the health. safety, morals and welfare of
the public; to minimize hazards to public safety personnel inspecting or entering such
sites and buildings; and to prevent unauthorized persons from gaining access to such
sites and buildings. This Ordinance is intended to secure a fund for advance payment
for reimbursable maintenance and security actions taken by the City pursuant to City of
Miami Beach Code Chapter 58, Article Ill or Miami-Dade County Code 8-5 (f). The
Maintenance and Security Bond shall not be subject to call by the City or its designee
for structural or other building repair, emergency shoring and bracing or emergency
demolition.
Sec. 118-802. -Definitions
Extension of Time means a modification of a condition in a Land Use Board Final
Order that grants additional time to perform an act under the Final Order.
Final Order means the order of a Land Use Board on an application before it.
Land Use Board means the Design Review Board. Historic Preservation Board.
Board of Adjustment or Planning Board.
Maintenance and Security Bond for the purpose of this Article means a securities
instrument in a form approved by the City Attorney. which may be in the form of a bond.
escrow agreement, certified letter of credit, or other instrument approved by the City
Attorney.
Qualifying Project means: any one of the following: (A) a project within an existing
vacant building; (B) a project which requires a building to become vacant anytime
before. during or after construction until such building has attained a Certificate of
Completion or Certificate of Occupancy; (C) a new building construction project on one
or more vacant lots; (D) a construction project that requires the removal of a substantial
amount (50% or more) of the windows and/or exterior doors and/or the removal of
sections of exterior walls that would enable unauthorized egress; (E) a construction
project that requires substantial structural repairs. or substantial restoration and/or
renovation; or (F) a construction project that requires substantial structural repairs that
may result in a structure becoming unsecured or subject to the elements. including
without limitation. the removal of all or a part of the roof. Qualifying Projects include
projects requiring review and approval by either a City Land Use Board. or the City
Administration, or both.
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334
Vacant Building means a building or structure. or a substantial portion of a building
or structure. or any incomplete building. or any building on which construction has
begun. at which any one of the following conditions has existed for thirty or more
consecutive days: (A) a lack of the habitual presence of human beings who have a legal
right to be on the premises; (B) the cessation of substantially all lawful business or
construction activity or residential occupancy; or (C) the substantial abandonment or
absence of contents.
Vacant Site means a lot on which there are no substantial permanent buildings that
are in continuous and active use.
Sec. 118-803.-Requirements
(a) Evidence to be submitted and confirmed before processing and hearing. As part
of an application for Land Use Board approval of a Qualifying Project, the
applicant shall simultaneously file a letter and photographic evidence.
respectively dated and taken not more than ten (1 0) days before such filing,
verifying that the subject property, including its land and any and all buildings and
structures. is being properly maintained. is secure and that there are no
outstanding or current security issues or property maintenance violations that
would constitute a public risk. hazard or nuisance. This evidence shall be
confirmed by the Planning Director or designee to the extent possible pursuant to
a windshield inspection of the property by City staff no more than fourteen (14)
days prior to the date of the Land Use Board hearing or a Continuance of such
public hearing. The burden of proof that the subject property is being properly
maintained and is secure is the sole responsibility of the applicant. No
application for a Land Use Board approval shall be finally processed. reviewed,
or otherwise finally prepared for hearing by the Planning Department until such
letter and evidence are placed in the related application file.
(b) Requirement of filing and approval of Maintenance and Security Bond. As part of
an approval by a Land Use Board for a Qualifying Project. the applicant shall file
a bond or other security (hereinafter. a "Maintenance and Security Bond", which
term includes both the initial Maintenance and Security Bond and any successor
Maintenance and Security Bond). in form or substance approved by the City
Attorney, to indemnify and hold harmless the City from and against costs and
expenses incurred by the City in performing any of the actions described in City
of Miami Beach Code Chapter 58. Article Ill or Miami-Dade County Code 8-5 (f).
Such Maintenance and Security Bond shall be filed in compliance with the
following requirements:
(1) The Maintenance and Security Bond shall be received by the Planning
Director or designee. subject to City Attorney approval. within forty-five
(45) days of the issuance of the Land Use Board Final Order. No related
3
335
application, related building permit or related certificate or authorization
shall be approved by the Planning Department until an approved
Maintenance and Security Bond has been received by the Planning
Director, or designee.
(2) If the pending approval is an Administrative level approval, rather than a
Land Use Board approval, no related application shall be approved by
the Planning Department until an approved Maintenance and Security
Bond has been received by the Planning Director, or designee.
(3) If at any time the Maintenance and Security Bond is not maintained in
full force and effect in compliance with the requirements of this Article
XII, by either the applicant or any subsequent owner, the Building Permit
and all construction work shall be suspended until such time as evidence
of such compliance is furnished to the Planning Director or designee and
approved by the City Attorney. A requirement to provide and maintain
the Maintenance and Security Bond as provided in this Article XII, shall
be a condition of the Final Order.
(4) The bond or security shall be in an amount in accordance with the
schedule as follows:
Single Family Parcels within Miami Beach (located within RS 1 ,2,3,4)
Parcel Size (sq ft) Security Amount-Non-
Contributing/Non-
Historically Designated
Building or Structure
less than 8,000 $4,000
greater than $5,000
8,000
4
336
Security Amount-Contributing
Building or Structure (located within
a locally designated or nationally
listed historic district or site)
$4,000
$5,000
Multi-Family and Commercial Parcels within Miami Beach
Parcel Size (sq ft) Security Amount-Non-Security Amount -Contributing
Building or Structure (located within
a locally designated or nationally
listed historic district or site)
Contributing/Non-
Historically Designated
Building or Structure
less than 8.000 $5.000
8.0000 to 20,000 $9.000
greater than $11.000
$10.000
$15,000
$20.000
20.000
(5) The Maintenance and Security Bond shall be issued by a recognized
licensed insurance or bonding company with offices in the State of
Florida.
a. as an alternate to a Maintenance and Security Bond which is
issued by an insurance or bonding company, the applicant
may submit another form of security subject to the written
approval by the City Attorney. Such forms may include a
certified letter of credit from a licensed financial institution
with offices in the State of Florida. or escrow agreement
providing for funds to be held by an attorney licensed in the
State of Florida. a licensed financial institution with offices in
the State of Florida or by the City. and such form shall be
subject to call solely by the City;
b. at the inception of the Maintenance and Security Bond. and
throughout the period of its being in effect, the Maintenance
and Security Bond shall be issued and maintained in full
force and effect by the issuer.
(6) In addition to the other requirements of this Article XII. the Maintenance
and Security Bond shall:
a. require its issuer to obtain written approval from the Planning
Director thirty (30) days in advance of any proposed
cancellation. reduction in the principal amount, or any other
material change in the terms and conditions of the
Maintenance and Security Bond;
b. the issuer shall provide to the Planning Director or designee
written justification for any proposed material change in the
terms and conditions of the Maintenance and Security Bond;
5
337
c. require its issuer to maintain the Maintenance and Security
Bond in full force and effect continuously until the issuance
by the City of a final Certificate of Occupancy or Certificate
of Completion;
d. require its issuer to continue the Maintenance and Security
Bond in full force and effect. notwithstanding the transfer of
the property to a new owner, until the property transfer is
complete and a new, approved Maintenance and Security
Bond has been accepted by the Planning Director; and
include such other provisions, consistent with this Article XII,
as the Planning Director and/or City Attorney may
reasonably require, taking into account applicable law and
sound and customary bonding practices.
(c) Extensions of Time
(1) A Qualifying Project approved prior to the adoption of this Ordinance that
requests an Extension of Time from a Land Use Board after this
Ordinance is adopted will be required to file a Maintenance and Security
Bond which complies with the requirements of this Article XII.
(2) No Extension of Time shall be granted by a Land Use Board unless the
applicant has furnished the Board with documentary evidence that a
Maintenance and Security Bond that compiles with all the requirements
of this Article XII either is in full force and effect or will automatically
become effective upon the granting of the Extension of Time.
(3) Any Extension of Time granted to a Qualifying Project as a result of
authorized actions by non-City governmental authorities, shall required
the filing of a Maintenance and Security Bond that compiles with the
requirements of this Article XII if there is not already on file such a
Maintenance and Security Bond.
(d) Calls upon the Bond. The Maintenance and Security Bond shall be subject to
call. either for its full principal amount or from time to time for a portion thereof. to
fund action authorized by the City pursuant to Chapter 58, Article Ill, of this Code
or section 8-5{f) of the Miami Dade County Code.
(e) Transfer of the Property. In the event of any transfer of property to a new owner
or to any subsequent new owner, no Land Use Board shall approve a
modification to a Final Order recognizing such transfer unless the new property
owner files, as part of its application for the reissuance or modification of the
Final Order to reflect the new ownership, a successor Maintenance and Security
Bond that fully complies with the requirements of this Article XII and which
becomes fully effective upon such reissuance or modification.
6
338
(f) Any unexpended amount remaining of the security shall be released back to the
person(s) posting the Maintenance and Security Bond or successors in interest
or assigns upon the issuance of a final Certificate of Occupancy or Certificate of
Completion.
(g) All deficiencies in the Maintenance and Security Bond in covering the City's costs
under Chapter 58, Article Ill, Division 3 of this Code, shall be a liability of the
property owner and result in a lien for that amount assessed against the property
as provided in City of Miami Beach Code Chapter 58, Article Ill or Miami-Dade
County Code 8-5 (f). Providing a Maintenance and Security Bond under this
Article does not relieve the owner(s) of the property of liability for costs incurred
under City of Miami Beach Code Chapter 58, Article Ill or Miami-Dade County
Code 8-5 (f).
(h) Non-Prejudice of Other Rights of the Citv. Nothing in this Article XII shall be
interpreted or applied to preclude or in any way limit the rights of the City to take
any action against any property owner or any other responsible party, including
without limitation the rights of the City to take its own abatement and remedial
actions; to file actions and suits for collection, injunction, and other remedies as
permitted by law; to cause the initiation of prosecutions for violations of any law,
ordinance, or regulation; and to file, prosecute. foreclose upon, collect the
proceeds of, or take any other action by lien or otherwise, as permitted by law.
SECTION 8. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 9. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 10. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 11. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
7
339
PASSED AND ADOPTED this __ day of-------' 2012.
ATTEST:
CITY CLERK
Verified by:---------
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
T:\AGENDA\2012\6-6-12\Maintenance Bond_ ORD.docx
8
340
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
sjz~J2
D te
-X
I? MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
(CORRECTION TO THE MAY 24,-2012 NOTICE OF PUBLIC H.EARINGS)
NOTIC~ IS.HEREB~ cilv;~ that second readings ;nd public he~ring~will be held:by the Mayor and City Commission
of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, .
Miami Beach, Florida, on WEDNESDAY, June 6, 2012 to consider the following: ·
10:15 a.m.
· Board Member Qualifications And Categories -.. .
An Ordinance Amending The Land Development Regulations OfThe City Code By Amending Chapter 118, "Administrative
And Review Procedures," Article II, "Boards," 'Division 2, "Planning Board," Section 118-53, "Composition;" Division 3,
"Design Review Board." Section 118-72, "Membership;" Division 4, "Historic Preservation Board," Section 118-1 03,
"Membership;" And 118~1 04, "Appointment;' Division 5, "Board Of Adjustment," Section 118-131, "Membership," To
Clarify The Qualifications And Categories Of Members To Be Appointed To l)Je City's Land Use Boards.,.·
Inquiries may be directed to the Planning Department at (305) 673-7550: . .
10:25 a:m. .· --
Ordinance Amendilig Chapter 90 Of The Miami Beach ·city Code; Entitled· "Solid Waste."·By Amending The Definitions.
In Article I, Entitled·"ln General," By Amending'S!lction 90-2, Entitled "Definitions"; By Amending Article II, Entitled
"Administration" By Amending The Penalties. For ·sOlid Waste Violations And. To Provide ·Provisions-And P.enalties
Relative To Recycling For Multifamily Residenc~sAn!l CommerciaiEstablishments; By'Creating Article V,To Be Entitled
"Citywide Recycling ·Program FOr Multifamily Residences And Commercial Establishments, • ·To Provide Provisions
For Recycling· Requirements And Enforcement, A Public Education Program, A Warning Period, Ail Enforcement Date,
~uirements For Recycling Contractors, Penalties,~Q(Spe~iaiMaster Appeal Pr.Ocedures: .;;,
Inquiries .may be directed to the Public Works Department at (305) 67'3-7080.
·10:30a.m.
·ordinance Amendjng The Land Development Regulations Of The City Code, Chapter 118, "Administration And
Review Procedures," By Creating A New Article XII, "Maintenance And Security Bonds," Establishing Definitions And
Requirements For Property Owners Applying For Development Review Approval For Substantial Construction Work To
Ensure That Their Properties·Are Properly Maintained And Secured Until Completion Of Work
Inquiries may be. directed to the Planning Department at (~05) 673~ 7550.
10:35a.m. ,
Ordinance Amending Chapter 70 Of The Miami .Beach City Code Entitled "Miscellaneous Offenses,":BY Amending
Article il, Entitled "Public Places"; By Amending Division II, El)titled "Bicycling; Skateboarding, Roller Skating; In-Line
Skating, And Motorized Means bf Transportation," By Amending Section 70-66, Entitled "Definitions," By '~ding
· A. Definition For BicyCle· Patl\i And By Amending Section 70~67,' Entjtled "Prohibited Activities." By Amending The
Prohibitions Regarding Motorized Means Of Transportation, Including Electric Personal Assistive Devices (Also Knowri
As Segways), By RewordingThe Provisions Therein And·Conforming The Language To State· law; By:Restricting'The
Speed Of Electric Personal Assistive Devices To Six (6) MPH On All City Sidewalks, Sidewalk Areas, And,Bicycle P.aths;
And By Prohibiting The·Operation Of Electronic Personal Assistive Mobility Devices .On lntenor Pathways'Wrtliin South
Pointe ParkAnd .. Collins Park; By Amending Section 10-68, Entitled "Exemptions." By Exemptil)g ihe Use Of Electric
Personal Assistive Mobility. Devices By City Police And City Contracted Services From The Restrfctio!ls.Of Division·ll; By
Amending Section (0-69,Entitled ~'Responsibilities Of Bicyciists And Skaters," By AddingHespcinsitiilities For Per.sons
Operating Electric Personal Assistive_Mobility Devices; By Amending Section 70-70, Entitled "P.~1Jalties7' To Provide For
Responsibilities Of· Businesses Providing Rentals And Tours Of Electric Personal Assistive Mobility' Devices; By Cre11ting
Section 70-71, To Be Entitled "Penalties" To Provide Civil Penalties In Addition To Existing· Non-Criminal Infraction
Penalties For The Violation Of Certain Provisions ln·Chapter 70, Article II, Division-11 . · · ·
Inquiries may be direc:ted to the Public Works Department at (305) 673-7080
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent. or to express their views in .
· writing addressjld to the City Commission, c/o the City Clerk, 1700·Conventlon Center Orive, 1st F.loor, City Hall, Miami
Beach, Florida 33139. Copies of these ordinaiJces are available for. public inspection during normal business hours
in the City Clerk's Office, 1700 ·Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This
meeting may be continued and under such circumstances additional legal ·notice would not be provided:
Rafael E. Granado, City Clerk
City ot Miami Beach ·
Pursuant to Section 286.0105, Fla Stat., the City hereby advises the public that: if a person decides.to appeal any
decision made by the City Commission with. respectto any matter considered at its meeting or its hearing, siich person
must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence
. upon which the appeal is to be based. This notice does not constitute consent by the City forthe introduction or
admission of otherwise inadmissible or irrelevantevidence, nor does it authorize challenges or appeals not otherwise
allowed by law.
To request this material in accessible format, sign language interpreters, information on access fpr persons with
disabilities, and/or any accommodation to review any document or participate in any city-spon5ored proceeding,
p(ease contact (305) 604-2489 (voice),_(305)673-7218(TTY) five days in advance to initiate your request. TT¥ users
may also call 711 (Florida Relay Service). . ·
Ad#707
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 70
Of The Miami Beach City Code Entitled "Miscellaneous Offenses," By Amending Article II, Entitled "Public
Places"; By Amending Division II, Entitled "Bicycling, Skateboarding, Roller Skating, In-Line Skating, And
Motorized Means Of Transportation," By Amending Section 70-66, Entitled "Definitions," By Adding A Definition
For Bicycle Path; And By Amending Section 70-67, Entitled "Prohibited Activities," By Amending The
Prohibitions Regarding Motorized Means Of Transportation, Including Electric Personal Assistive Mobility
Devices (Also Known As Segways), By Rewording The Provisions Therein And Conforming The Language To
State Law; By Restricting The Speed Of Electric Personal Assistive Mobility Devices To Six (6) Mph On All City
Sidewalks, Sidewalk Areas, And Bicycle Paths; And By Prohibiting The Operation Of Electric Personal Assistive
Mobility Devices On Interior Pathways Within South Pointe Park And Collins Park; By Amending Section 70-68,
Entitled "Exemptions," By Exempting The Use Of Electric Personal Assistive Mobility Devices By City Police
And City Contracted Services From The Restrictions Of Division II; By Amending Section 70-69, Entitled
"Responsibilities Of Bicyclists And Skaters," By Adding Responsibilities For Persons Operating Electric
Personal Assistive Mobility Devices; By Amending Section 70-70, Entitled "Penalties," To Provide For
Responsibilities Of Businesses Providing Rentals And Tours Of Electric Personal Assistive Mobility Devices; By
Creating Section 70-71, To Be Entitled "Penalties" To Provide Civil Penalties In Addition To Existing Non-
Criminal Infraction Penalties For The Violation Of Certain Provisions In Chapter 70, Article li, Division li;
Providing For Repealer; Severability; Codification; And An Effective Date.
I Shall the Mayor and City Commission approve the Ordinance?
Item Summary/Recommendation:
In the interest of safety and in response to recurring complaints from residents, as well as observations
regarding the use of Segways on the City's beachwalks, baywalks, cutwalks, sidewalks, and interior park
pathways, the Administration recommends that the City Commission adopt an Ordinance regulating the
maximum speed of rental Segways operating in the City to 6 MPH (the beginner factory setting currently
available on Segways).
The new proposed ordinance seeks to establish new regulations on Segways and businesses providing rental
and tours of Segways. The new requirements include the following:
1. Requirement that Segways available for rental in the City be set at a maximum speed of 6 MPH (with
certification of such provided by the BTR holder/rental company).
2. Prohibition of the use of Segways in interior paths at South Pointe Park and Collins Park.
3. New responsibilities and insurance requirements for businesses providing Segway rentals and tours.
It is recommended that the new Segway regulations be enforced through the City's Code Compliance Division.
Provided the new regulations are adopted, staff will provide all licensed businesses currently providing Segway
rentals and tours with copies of such regulations.
Once the above new regulations have been adopted by way of an Ordinance, the City Administration will
evaluate if regulating the maximum speed of Segways on sidewalks and pedestrian pathways is an effective
safety measure, or if further Commission action is necessary. Such actions may include imposing additional
regulations on the use of Segways, such as restricting the use of Segways on certain pathways, etc., during
peak periods of pedestrian activity. City staff is engaging in an analysis of pedestrian use of the beachwalk,
baywalk, cutwalk, Lincoln Road and the west sidewalk of Ocean Drive, to more accurately assess peak
pedestrian activity. At the May 9, 2012 Commission meeting, the City Commission approved the ordinance on
First Reading as amended.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON SECOND READING PUBLIC
HEARING.
Adviso_!Y Board Recommendation:
On March 27, 2012, the Neighborhood/Community Affairs Committee recommended an Ordinance requiring that
rental Segways be set at a maximum speed of 6 MPH and prohibiting Segways in interior paths at South Pointe
Park and Collins Park; the Transportation and Parking Committee passed a resolution supporting the NCAC
recommendation at its April2, 2012 meetin_g.
Financial Information:
Source of Amount Account
Funds: 1
C9 MIAMIBEACH 343
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, Www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM:
DATE:
Jorge M. Gonzalez, City Manager (\~
June 6, 2012 a· "'-""" SECOND READING
PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE MIAMI BEACH CITY CODE
ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE II, ENTITLED
"PUBLIC PLACES"; BY AMENDING DIVISION II, ENTITLED "BICYCLING,
SKATEBOARDING, ROLLER SKATING, IN-LINE SKATING, AND MOTORIZED
MEANS OF TRANSPORTATION," BY AMENDING SECTION 70-66, ENTITLED
"DEFINITIONS," BY ADDING A DEFINITION FOR BICYCLE PATH; AND BY
AMENDING SECTION 70-67, ENTITLED "PROHIBITED ACTIVITIES," BY AMENDING
THE PROHIBITIONS REGARDING MOTORIZED MEANS OF TRANSPORTATION,
INCLUDING ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES (ALSO
KNOWN AS SEGWAYS), BY REWORDING THE PROVISIONS THEREIN AND
CONFORMING THE LANGUAGE TO STATE LAW; BY RESTRICTING THE SPEED
OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES TO SIX (6) MPH ON ALL
CITY SIDEWALKS, SIDEWALK AREAS, AND BICYCLE PATHS; AND BY
PROHIBITING THE OPERATION OF ELECTRIC PERSONALASSISTIVE MOBILITY
DEVICES ON INTERIOR PATHWAYS WITHIN SOUTH POINTE PARK AND COLLINS
PARK; BY AMENDING SECTION 70-68, ENTITLED "EXEMPTIONS," BY
EXEMPTING THE USE OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
BY CITY POLICE AND CITY CONTRACTED SERVICES FROM THE RESTRICTIONS
OF DIVISION II; BY AMENDING SECTION 70-69, ENTITLED "RESPONSIBILITIES OF
BICYCLISTS AND SKATERS," BY ADDING RESPONSIBILITIES FOR PERSONS
OPERATING ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES; BY
AMENDING SECTION 70-70, ENTITLED "PENAL TIES," TO PROVIDE FOR
RESPONSIBILITIES OF BUSINESSES PROVIDING RENTALS AND TOURS OF
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES; BY CREATING SECTION
70-71, TO BE ENTITLED "PENAL TIES" TO PROVIDE CIVIL PENAL TIES IN
ADDITION TO EXISTING NON-CRIMINAL INFRACTION PENAL TIES FOR THE
VIOLATION OF CERTAIN PROVISIONS IN CHAPTER 70, ARTICLE II, DIVISION II;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the Ordinance on Second
Reading Public Hearing.
344
Commission Memorandum -Ordinance Regulating Speed of Segways
June 6, 2012
Page 2 of 5
BACKGROUND
At the May 9, 2012 Commission meeting, the City Commission approved the ordinance on First
Reading as amended.
In 2007, the City of Miami Beach (City) adopted the Atlantic Greenway Network (AGN) to create a
safer environment for pedestrians and bicyclists. The AGN proposed a comprehensive network of
pedestrian and bicycle facilities that provides direct access to important destinations within the City,
linking residential neighborhoods, commercial centers, and parks. The Beachwalk, Baywalk, and
Cutwalk corridors, as well as trails and pedestrian paths located within the interior of the City's
parks, are a major component of the AGN system and facilitate the use of alternative and
sustainable forms of transportation throughout the City.
The urban, dense environment of Miami Beach leads to a high percentage of users competing for
public space, including pedestrian pathways and sidewalks. Recently, this has also included the
use of Electric Personal Assistive Mobility Devices (also known as Segways) along the City's
Beachwalk, Baywalks, Cutwalks, Sidewalks, and interior park pathways. Recent complaints with
regard to Segway use in the City have ranged from the speed at which the users pass pedestrians,
often without any warning to the pedestrian; careless and reckless behavior by the users causing
congestion and fear of injury on heavily traveled pedestrian walkways; and collisions with
pedestrians causing serious personal injuries. There have been at least two accidents involving
Segways and pedestrians that resulted in injuries requiring emergency assistance. In addition, there
has been damage to public art in Collins Park caused by Segways.
Current Regulations
The current State Statute regulating personal assistive mobility devices, §316.008(7) of the Florida
Statutes, requires the following: 1) if a person is operating the device on a sidewalk, the operator
must yield the right-of-way to pedestrians and give an audible signal before overtaking and passing
a pedestrian; 2) a person who is under the age of 16 years may not operate, ride or otherwise be
propelled on an electric personal assistive mobility device unless the person wears a bicycle helmet
that is properly fitted, that is fastened securely upon his or her head by a strap, and that meets the
standards of the American National Standards Institute (ANSI Bicycle Helmet Standards), or any
other nationally recognized standards for bicycle helmets which are adopted by the Consumer
Product Safety Commission.
Recently, at the City's request, the Florida Legislature passed House Bill 599 which amended
§316.2068 of the Florida Statutes. The law will become effective on July 1, 2012 and authorizes
municipalities to regulate the operation of electric personal assistive mobility devices on any road,
street, sidewalk, or bicycle path under its jurisdiction if the governing body of the municipality
determines that such regulation is necessary in the interest of safety. Sidewalks were added to the
list of areas where local governments may regulate, but not prohibit, the use of Segways.
In addition, municipalities are further authorized to control and regulate Segways pursuant to
§316.008(7) of the Florida Statutes. This Section provides that a municipality may restrict the
operation of electric personal assistive mobility devices, and other specified devices, on sidewalks or
sidewalk areas when such use is permissible under federal law (e.g., when Segways are not
operated on sidewalks adjacent to Federal-aid System Highways, in which case the Federal
Highway Administration must issue a permit for motorized uses other than wheelchairs and electric
bicycles). If speed is regulated by a municipal ordinance pursuant to this Section, the ordinance
must restrict the speed of the device to a maximum speed of 15 miles per hour (MPH) in such areas.
345
Commission Memorandum -Ordinance Regulating Speed of Segways
June 6, 2012
Page 3 of 5
Pursuant to 23 U.S.C. § 217, electric personal assistive mobility devices are generally prohibited on
any bicycle transportation and pedestrian walkway facility, including trails, funded under the Federal-
aid highway funding program categories. An exception to the above prohibition is if a mobility device
is used by persons with mobility related disabilities. A substantial portion of the City's existing
Beachwalk segments has been funded by the Transportation Enhancement Program (TEP), a
Federal Highway Administration (FHWA) discretionary grant program administered locally by the
Miami-Dade Metropolitan Planning Organization (MPO). As such, the City is in the process of
confirming with FHWA -Florida Division whether the above federal regulations apply to the
Beachwalks and other pedestrian ways in the AGN, as this would provide further regulation of the
types of devices permitted thereon.
At the January 19, 2012 joint meeting of the Neighborhood/Community Affairs Committee and
Finance and Citywide Projects Committee, during the discussion on actions recommended to
address issues that occur during major event periods (such as Memorial Day Weekend), a
recommendation was made to regulate the speed of Segways available for rental in the City to a low
setting. The Committee directed staff to proceed with any necessary legislation.
This item was subsequently discussed at the meeting of the Neighborhood/Community Affairs
Committee held on March 27,2012. The Committee (Commissioners Libbin and Wolfson present)
moved to have an Ordinance drafted and presented to the full City Commission requiring that
Segways available for rental in the City be set at a maximum speed of 6 MPH (with certification of
such provided by the Business Tax Receipt (BTR) holder/rental company) and prohibition of the use
of Segways in interior paths at South Pointe Park and Collins Park.
Further, the Transportation and Parking Committee met on April 2, 2012 and passed a motion
concurring with the City in regulating Segway speed limits to a maximum of 6 MPH.
ANALYSIS
The Administration recently contacted Segway, Inc., the sole manufacturer of Segway products, to
inquire regarding the possibility of setting a maximum speed at which Segways can operate.
Typically, Segway speeds are pre-set from the factory in two (2) distinct user settings: a "beginner"
setting of 6 miles per hour (MPH) and an "advanced" setting of 12 MPH. The speed is adjustable
between 4 MPH and 12.5 MPH in increments of0.5 MPH. The absolute maximum speed at which
Segways can operate is approximately 12.5 MPH. However, Segways can be set by the factory or
an authorized dealer to operate up to any pre-set maximum speed through the use of the lnfokey
Programming Tool. This tool allows an authorized dealer or Segway representative to lock in a top
speed. An end user would then only be able to adjust the speed within the parameters set by the
dealer/factory. For instance, if a dealer set the top speed of the Segway to 10 MPH, the end user
would be able to adjust the speed between 4 MPH and 10 MPH in increments of 0.5 MPH; however,
the user would not be able to exceed the maximum speed set by the dealer/factory. The lnfokey
Programming Tool is currently only sold to authorized dealers and tour groups owned by Segway
Inc. Currently, there are two authorized dealers in South Florida and one Segway Authorized
Tour/Representative in Miami Beach which have access to the lnfokey Programming Tool
necessary to adjust maximum speeds on Segways.
City staff has confirmed that five (5) Business Tax Receipts (BTRs) have been issued for the rental
of Segways in the City; two additional BTRs have applications pending. The total number of
Segways currently available for rental by Businesses with active BTRs for Segway rentals and tours
is 75. The City does not regulate the total number of actual Segways that the businesses may have
available for rental. Some Segway rental companies provide tours of the City, and these often
involve six to seven individuals on Segways travelling in a tight group with a guide.
346
Commission Memorandum -Ordinance Regulating Speed of Segways
June 6, 2012
Page 4 of 5
RECOMMENDATION
In the interest of safety and in response to recurring complaints from residents, as well as
observations regarding the use of Segways on the City's Beachwalks, Baywalks, Cutwalks,
sidewalks, and interior park pathways, the Administration recommends a two-prong approach to
addressing the issue of Segway speeds and use in the City. As a first step, and in the interest of
safety due to the proliferation of Segway users that endanger and disrupt pedestrian traffic on
sidewalks and other pedestrian pathways, the Administration recommends that the Miami Beach
City Commission adopt an Ordinance regulating the maximum speed of rental Segways operating in
the City to 6 MPH (the beginner factory setting currently available on Segways).
The proposed Ordinance would amend the City Code to require that each BTR holder, currently
providing Segway rentals in the City, provide documentation to the City certifying that each Segway
used for rental purposes has been pre-set to a maximum speed of 6 MPH, as a condition of
obtaining/renewing a BTR. Further, BTR holders providing Segway rental and tours would be
required to comply with higher general liability insurance requirements, among other responsibilities
further described below. In addition, in response to concerns with the use of Segways in interior
park pathways, the proposed Ordinance would prohibit the use of Segways in interior pathways of
South Pointe Park and Collins Park.
It is recommended that the new Segway regulations be enforced through the City's Code
Compliance Division. Provided the new regulations are adopted, staff will provide all licensed
businesses currently providing Segway rentals and tours with copies of such regulations.
Once the above new regulations have been adopted by way of an Ordinance, the City
Administration will evaluate if regulating the maximum speed of Segways on sidewalks and
pedestrian pathways is an effective safety measure, or if further Commission action is necessary.
Such actions may include imposing additional regulations on the use of Segways, such as restricting
the use of Segways on certain pathways, etc., during peak periods of pedestrian activity. City staff is
engaging in an analysis of pedestrian use of the Beachwalk, Baywalk, Cutwalk, Lincoln Road and
the West sidewalk of Ocean Drive to more accurately assess peak pedestrian activity.
PROPOSED ORDINANCE
The proposed Ordinance will amend Sections 70-66, 70-67, 70-68,70-69, and 70-70 of the current
City Code and create a new Section 70-71. In essence, the proposed Ordinance consists of the
following regulations:
1. Requirement that Segways available for rental in the City be set at a· maximum speed of 6
MPH (with certification of such provided by the BTR holder/rental company).
2. Prohibition of the use of Segways in interior paths at South Pointe Park and Collins Park.
3. New responsibilities and insurance requirements for businesses providing Segway rentals
and tours.
In particular, the proposed Ordinance consists of the following changes to the City Code:
• Section 70-66 of the Code is being revised to include a definition for "bicycle path" which
includes the City's coastal pathways, beachwalk, baywalk, and cutwalk that are within the
Atlantic Greenway Network.
• Section 70-67 of the Code is being revised to include a restriction on the maximum speed of
347
Commission Memorandum -Ordinance Regulating Speed of Segways
June 6, 2012
Page 5 of 5
electric personal assistive mobility devices to 6 MPH on sidewalk, sidewalk areas, and
bicycle paths; and a prohibition of Segways on the interior pathways within South Pointe
Park and Collins Park.
• Section 70-68 of the Code is being revised to exempt Police Department electric personal
assistive mobility devices from the proposed restrictions and new requirements.
• Section 70-69 of the Code is being revised to include responsibilities of operators of electric
personal assistive mobility devices.
• Section 70-70 of the Code is being revised to include responsibilities of businesses
providing rentals and tours of electric personal assistive mobility devices. New requirements
include obtaining a BTR from the City pursuant to Chapter 1 02 of the City Code, providing
certification from an authorized Segway dealer that the device has been set to a maximum
speed of 6 MPH at the time of BTR application, general liability insurance requirements in
the amount of $1 million, listing City of Miami Beach as additional insured, a waiver of liability
from all renters, and renter acknowledgment of all applicable State laws, codes, and City
regulations.
• Section 70-71 of the Code is being added to reflect a penalty schedule for a violation of any
of the above requirements. The penalties for each violation of the above proposed
regulations are as follows:
o $1 00 for the first offense
o $250 for the second offense
o $500 for the third offense
o $1000 for the fourth offense
o Habitual offenders are subject to forfeiture of license
FINANCIAL IMPACT
Charter section 5.02 requires that the "City of Miami Beach shall consider the long-term economic
impact (at least 5 years) of proposed legislative actions." Staff has determined that there will not be
a fiscal impact on the City's budget by enacting the proposed ordinance. The implementation of the
proposed Ordinance would not require additional staffing. Enforcement of the proposed Ordinance
would be achieved through the Code Compliance Department utilizing existing resources.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Ordinance on
Second Reading Public Hearing
JMG/HMF/FHB/~~JRG
T:\AGENDA\2012\6-6l'ii2\Segways speed. MEMO
348
ORDINANCE NO.------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING .CHAPTER 70 OF THE
MIAMI BEACH CITY CODE ENTITLED "MISCELLANEOUS
OFFENSES," BY AMENDING ARTICLE II, ENTITLED "PUBLIC
PLACES"; BY AMENDING DIVISION II, ENTITLED "BICYCLING,
SKATEBOARDING, ROLLER SKATING, IN-LINE SKATING, AND
MOTORIZED MEANS OF TRANSPORTATION," BY AMENDING
SECTION 70-66, ENTITLED "DEFINITIONS," BY ADDING A
DEFINITION FOR BICYCLE PATH; AND BY AMENDING SECTION 70-
67, ENTITLED "PROHIBITED ACTIVITIES," BY AMENDING THE
PROHIBITIONS REGARDING MOTORIZED MEANS OF
TRANSPORTATION, INCLUDING ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES (ALSO KNOWN AS SEGWAYS), BY
REWORDING THE PROVISIONS THEREIN AND CONFORMING THE
LANGUAGE TO STATE LAW; BY RESTRICTING THE SPEED OF
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES TO SIX (6)
MPH ON ALL CITY SIDEWALKS, SIDEWALK AREAS, AND BICYCLE
PATHS; AND BY PROHIBITING THE OPERATION OF ELECTRIC
PERSONAL ASSISTIVE MOBILITY DEVICES ON INTERIOR
PATHWAYS WITHIN SOUTH POINTE PARK AND COLLINS PARK; BY
AMENDING SECTION 70-68, ENTITLED "EXEMPTIONS," BY
EXEMPTING THE USE OF ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES BY CITY POLICE AND CITY CONTRACTED
SERVICES FROM THE RESTRICTIONS OF DIVISION II; BY
AMENDING SECTION 70-69, ENTITLED "RESPONSIBILITIES OF
BICYCLISTS AND SKATERS," BY ADDING RESPONSIBILITIES FOR
PERSONS OPERATING ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES; BY AMENDING SECTION 70-70, ENTITLED
"PENAL TIES," TO PROVIDE FOR RESPONSIBILITIES OF
BUSINESSES PROVIDING RENTALS AND TOURS OF ELECTRIC
PERSONAL ASSISTIVE MOBILITY DEVICES; BY CREATING
SECTION 70-71, TO BE ENTITLED "PENAL TIES" TO PROVIDE CIVIL
PENAL TIES IN ADDITION TO EXISTING NON-CRIMINAL
INFRACTION PENALTIES FOR THE VIOLATION OF CERTAIN
PROVISIONS IN CHAPTER 70, ARTICLE II, DIVISION II; PROVIDING
FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach seek to
encourage the safe use of bicycle paths in the City; and to facilitate and balance the health,
safety, and welfare interests of bicyclists, pedestrians, and others utilizing bicycle paths,
sidewalks, and sidewalk areas in the City; and
WHEREAS, the City of Miami Beach is an international tourist destination that attracts
visitors from around the world year round which thereby significantly increases the use and
congestion of the City's bike paths, sidewalks, and pedestrian ways; and
WHEREAS, Section 316.2068(5) of the Florida Statutes was amended, effective July 1,
2012, to provide that a "municipality may regulate the operation of electric personal assistive
349
devices on any road, street, sidewalk, or bicycle path under its jurisdiction if the governing body
of the ... municipality determines that regulation is necessary in the interest of safety"; and
WHEREAS, municipalities are further authorized to control and regulate segways
pursuant to Section 316.008(7) of the Florida Statutes, which provides that a municipality may
restrict the operation of electric personal assistance mobility devices to a maximum speed of 15
miles per hour on sidewalks or sidewalk areas when such use is permissible under federal law
(i.e., when such devices are not operated on sidewalks adjacent to Federal-aid System
Highways, in which case the Federal Highway Administration must issue a permit for motorized
uses other than wheelchairs and electric bicycles); and
WHEREAS, the City's bicycle paths on the Beachwalk, Baywalk, Cutwalk, and the City's
coastal pathways are within the Atlantic Greenway Network; and
WHEREAS, due to the safety concerns and injuries already experienced on the City's
heavily traveled bicycle paths and sidewalks, the Mayor and City Commission hereby determine
that it is in the interest of public safety that electric personal assistive devices be limited to a
maximum speed of six (6) mph on all City sidewalks, sidewalk areas, and bicycle paths; and
WHEREAS, due to the congestion of interior pedestrian pathways within Collins Park
and South Pointe Park, and physical damage to the public art work in Collins Park caused by
persons on electric personal assistive devices, the Mayor and City Commission determine that,
in the interest of safety, such devices should not be permitted in these areas.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Division II, entitled "Bicycling, Skateboarding, Roller Skating, In-Line Skating, and
Motorized Means of Transportation," of Article II, entitled "Public Places," of Chapter 70, entitled
"Miscellaneous Offenses," of the Miami Beach City Code is hereby amended as set forth below.
Other sections in Division II are also provided for reference purposes.
CHAPTER 70
MISCELLANEOUS OFFENSES
* * *
ARTICLE II. Public Places
* * *
DIVISION II. Bicycling, Skateboarding, Roller Skating, In-Line Skating,
and Motorized Means of Transportation
* *
Sec. 70-66. Definitions.
The following definitions are applicable to this division:
2
350
*
Bicycle path means any road, path or way that is open to bicycle travel which road. path,
or way is physically separated from motorized vehicular traffic by an open space or by a barrier
and is located either within the highway right-of-way or within an independent right-of-way, and
as defined and authorized by state law and the city code,, and includes the city's coastal
pathways, beachwalk, baywalk, and cutwalk that are within the Atlantic Greenway Network as
set forth in Appendix A.
Grinding means the process by which a skater or skateboarder attaches to a curb or rail
and slides along the edge of the curb or rail.
Launching means using any angled or elevated surface which the skater, skateboarder,
or cyclist can jump from in order to get airborne.
Rail sliding means [a process] similar to curb or edge grinding. Handrails are often used
for rail sliding, in which the skater jumps to the top of the rail and slides down the decline.
Stalling means the process by which a skater or skateboarder attaches to a curb or edge
in the space between the second and third wheel of the in-line skate or any part of the
skateboard.
Sec. 70-67. Prohibited activities.
* * *
(b) It shall be unlawful for any person to engage in bicycling, roller skating, in-line skating, or
skateboarding, or operating any motorized means of transportation, in, on. or upon any
portion of the sidewalk on the west side of Ocean Drive between South Pointe Drive and
15th Street at any time. e>Ecept for 'l.'heelchairs or other motorized devices when used by
disabled persons, in, on, or upon any portion of the sidewalk on the west side of Ocean
Drive between Biscayne Street and 15th Street at any time.
(c) It shall be unlawful to operate any motorized means of transportation in, on. or upon any
sidewalk or sidewalk areas in the city, except for @}. wheelchairs or other motorized
means of transportation devices when used by disabled persons, and (b) electric
personal assistive mobility devices which shall be restricted to a maximum speed of six
(6) miles per hour. in, on, or upon any side'Nalk or pedestrian walk\•vay in the city.
ff!l It shall be unlawful to operate an electric personal assistive device on any bicycle path in
the City at a speed greater than six (6) miles per hour.
fti-Hru It shall be unlawful to grind, rail slide, launch, or stall on the skateboard, in-line skates, or
roller skates or to engage in any other such type of activity which results in the damage
of public or private property.
ill It shall be unlawful to operate an electric personal assistive mobility device on interior
pathways within South Pointe Park and Collins Park.
Sec. 70-68. Exemptions.
Police department bicycle, aR€1-in-line skate, and electric personal assistive device patrol
units, city service vehicles, city-contracted security and maintenance services, service vehicles
authorized by the city for use by city lessors. concessionaires. or other city contractors operating
3
351
pursuant to an agreement with the city, and the city-operated tram service shall be exempt from
the restrictions of this division.
Sec. 70-69. Responsibilities of bicyclistS.z...aRG skaters.., and persons operating electric
personal assistive mobility devices.
(a) It shall be unlawful for any person to engage in bicycling, skateboarding, in-line skating,
or roller skating in the following areas:
1. On the grounds of any public facility including, but not limited to, city hall,
municipal parking garages, city police and fire stations, city public works yards,
and historically designated properties.
2. On any public walls, ramps, fountains, or other fixtures or structures.
(b) Bicycles shall not be chained or otherwise secured to any tree, fixture, or object which is
not a bicycle rack on any portion of Lincoln Road or Ocean Drive.
(c) Whenever any person is riding a bicycle, skateboarding, in-line skating, or roller skating,
such person shall engage in such activity at a controlled speed which does not endanger
the safety of pedestrians or others, shall yield the right-of-way to any pedestrian, and
shall give an audible signal before overtaking and passing such pedestrian.
@ Whenever a person is operating an electric personal assistive mobility device. such
person shall comply with all applicable state. county, and city regulations and laws.
Sec. 70-70. Penalties Responsibilities of businesses providing rentals and tours of
electric personal assistive mobility devices.
A violation of any of the provisions of this division shall be deemed a non criminal infraction as
defined in F.S. §318.13(3) and shall be subject to the penalties set forth in F.S. §316.6555.
Any person that rents. leases. or provides tours for electric personal assistive mobility devices
shall:
{§1 Obtain a business tax receipt from the city pursuant to Chapter 1 02 of the City
Code;
i!2l Provide a minimum of $1 ,000,000.00 in liability insurance coverage that includes
the City of Miami Beach as a named insured;
.(f). Provide a certificate from an authorized electric personal assistive mobility device
dealer verifying that each device made available for rent, lease. or tour has been
set to a maximum speed of six (6) mph;
@ Obtain a release of liability and hold harmless agreement. acceptable to the City
Attorney, releasing and holding the City of Miami Beach harmless from liability
signed by all renters of electric personal assistive mobility devices which release
and hold harmless agreement shall be made available for inspection by the city
at any time during business hours; and
4
352
.(gl Provide all renters of electric personal assistive mobility devices with a copy of all
applicable state and city laws, codes and regulations, the receipt of which shall
be acknowledged by the renter.
ill Comply with all administrative rules that may be established by the city regarding
rental. leases, or tours of electric personal assistive mobility devices.
Sec. 70-71. Penalties.
{21 A violation of the provisions in Sections 70-67 and 70-69 shall be deemed a non-criminal
infraction as defined in F.S. § 318.13(3) and shall be subject to the penalties set forth in
F.S. § 316.655.
i!2} A violation of the provision in Section 70-70 shall be enforced in accordance with the
following procedures and penalties:
1.:. If a code compliance officer finds a violation of this chapter, the compliance
officer shall issue a notice of violation to the violator as provided in chapter 30.
The notice shall inform the violator of the nature of the violation, amount of fine
for which the violator may be liable, instructions and due date for paying the fine,
notice that the violation may be appealed by requesting an administrative hearing
within 20 days after service of the notice of violation, and that failure to do so
shall constitute an admission of the violation and waiver of the right to a hearing.
2. A violator who has been served with a notice of violation shall elect either to:
g. Pay the civil fine as follows:
(i) First offense ........................................... $100.00;
(ii) Second offense ....................................... $250.00;
(iii) Third offense .......................................... $500.00;
(iv) Fourth and subsequent offenses ................ $1 ,000.00; or
.Q. Request an administrative hearing within 20 days before a special master
appointed as provided in article II of chapter 30 to appeal the decision of
the code compliance officer which resulted in the issuance of the notice of
violation.
£. If the offense is a fourth or subsequent offense, it shall also be considered
an habitual offender offense and, in addition to the penalty set forth in
subsection 70-71(b)(2)(a)(iv), the City Manager may issue an
administrative complaint for the suspension or revocation of a business
tax receipt and certificate of use as provided in sections 1 02-383 through
102-385.
3. If the named violator. after notice. fails to pay the civil fine or fails to timely
request an administrative hearing before a special master, the special master
shall be informed of such failure by report from the code compliance officer.
Failure of the named violator to appeal the decision of the code compliance
officer within the prescribed time period shall constitute a waiver of the violators
right to administrative hearing before the special master. A waiver of the right to
an administrative hearing shall be treated as an admission of the violation and
penalties may be assessed accordingly.
353
4. Any party aggrieved by the decision of the special master may appeal the
decision in accordance with law.
5. The city may institute proceedings in a court of competent jurisdiction to compel
payment of civil fines.
6. A certified copy of an order imposing a civil fine may be recorded in the public
records and thereafter shall constitute a lien upon any other real or personal
property owned by the violator and it may be enforced in the same manner as a
court judgment by the sheriffs of this state. including lew against the personal
property, but shall not be deemed to be a court judgment except for enforcement
purposes. After two months from the filing of any such lien which remains unpaid.
the city may foreclose or otherwise execute upon the lien.
ffl The procedures for appeal of the notice of violation by administrative hearing shall be as
set forth in sections 1 02-384 and 1 02-385.
SECTION 2. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. Severability.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. Codification.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. Effective Date.
This Ordinance shall take effect the 1st day of July, 2012.
PASSED and ADOPTED this __ day of-------' 2012.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
MATTI HERRERA BOWER
MAYOR
Underline denotes additions and strike through denotes deletions
6
354
l? MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
(C9RRECTIOI\! TO THE MAY 24, 2012 NOTICE QF PUBLIC H.EAitiNGS)
NOTICE IS,HEREBY giv;n that second readings ~nd public hearing~ will be held:by the Mayor and City Commission
of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, .
Miami Beach, Florida, on WEDNESDAY, June 6, 2012 to consider the following: ·
18:~5 a.m.
· Board Member Qualifications And Categories -.. .
AliOrdinanceAmendingThe Land Development Regulations OfThe City Code By Amending Chapter 118, ".Administrative
And Review Procedures," Article II, "Boards,'"Division 2, "Planning Board," Section 118-53, "Composition;" Division 3,
"Design Review Board," Section 118-72, "Membership;" Division 4, "Historic Preservation Board," Section 118-103,
"Membership;" And 118~1 04, "Appointment;' Division 5, "Board Of Adjustment," Section 118-131, "Membership," To
Clarify The Qualifications And Categories Of Members To Be Appointed To."(he City's Land Use Boards.~"
Inquiries may be directed to the Planning Department at (305) 673-7550:
1o:2Sa.m. -.--....
Ordinance Amending ChaPter 90 Of The Miami Beach ·city Code; Entitled· "Solid Waste, "-By Amending The DefinHions.
In Article I, Entitled "In General," By Amending Section 90-2, Entitled "Definitions"; By Amending Article II, Entitled
"Administration" By Amending The Penaltlesji=·or Solid Waste Violations And. To Provide ·Provisions-And P.enalties
Relative To Recycling For Multifamily Resideni:esAnd Commercial Establishments; By Creating Article V,To Be Entitled
"Citywide Repycling Program For Multifamily -Residences And Commercial Establishments," To Provide Provisions
Fo~ Recycling Requirements And Enforcement, A Public Education Program, A Warning Period, An Enforcementoate,
&"~uirements For Recycling Contractors, Penalties, Ard'Spe~ial Master Appeal P[bcedures • ·
Inquiries may be directed to the Public Works Department at {305)67'3-7080. "''
10:30a.m.
·ordinance Amending The Land Development Regulations Of The City Code, Chapter 118, "Administration And
Review Procedures," By Creating A New Article XU, "Maintenance And Security Bonds," Establishing DefinHions And
Requirements For Property Owners Applying For Development Review Approval For Substantial Construction Work To
Ensure That Their Properties-Are Properly Maintained And Secured Until Completion Of Work
Inquiries inay be. directed to the Planning Department at (~65) 673-7550.
~~~ . . . .
-Y Ordinance Amending Ch!!pter 70 _Of The Miami . Beach City Code Entitled "Miscellaneous Offenses," By Amending . ·
~\ Article il, Entitled "Pu~lic Places"; By Amending_ Division II, Entitled "Bicyclin_g; Skateboarding, Roller Skating; In-Line
Skating, And Motorized Means Of Transportation," By-Amending Section 70-66, Entitled "Definitions," E!Y ~dding ·
· A Definition For Bicycle· Pat!li And By Amending Section 70~67; Entjtled • Prohibited Activities," By Amending The
Prohibitions Regarding Motorized Means OfTransportation, Including Electric Personal ASsistive Devices (Also Knowri
As Segways), By Rewording The Provisions Therein And 'Conforming The Language To State· law; By Restricting The
Speed Of Electric Personal Assistive Devices To Six (6) MPH Oil All City Sidewalks, Sidewai~Areas, Arid Bicycle Paths;
And By Prohibiting The-Operation Of Electronic Personal Assistive Mobility Devices .On Interior Pattiways Wrtliin South
Pointe Park And .Collins Park; By Amending Section 70-68, Entitled "Exemptions," E!Y EXemptif!_g The Use Of Electric
Personal Assistlve Mobility DevicElS By City Police And City Contracted Services From Ttie RestriCtions-Of Division·ll; By
Ai'liending Section 70-69,,Entitled "Responsibilities Of Bicyclists And Skaters," By Adding Resprinsibliities For PE!rsons
Operating Electric PersonaiAssistive_Mobility Devices; By Amending Section 70-70, Entitled"l'~nalties';"To Provide For
Responsibilities Of Businesses Providing Rentals And Tours Of Electric PersonaiAssistive Mobility Devices; By Creating
Section 70-71, To Be Entitled "Penalties" To Provide Civil Penalties In 'Addition To EXisting-Nori~Gtiminallnfraction
Penalties For The Violation Of Certain Provisions In-Chapter 70,Article II, Division·ll . ·
Inquiries may be dire~ed to the Public Works Departrn_ent at (305) 673-7080
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in •
writing addressed to the City Commission, c/o the City Clerk, 1700-Conventlon Center [)rive, 1st F.loor, City Hall, Miami
Beach, Florida 33139. Copies of these ordinances are available for. public inspection during normal business hours
in the City Clerk's Office, 1700 ·Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This
meeting may be continued and under such circumstances additionallegal·notice would not be provided:
Rafael E. Granado, City Clerk
City of Miami Beach ·
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides. to appeal any
decision made by the City Commission with' respect to any matter considered at its meeting or its hearin_g, silch person
must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence
. upon -which the appeal is to be based. This notice does not constitute consent by the City for' the introduction or
admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise
allowed by law.
To request this material in accessible format, sign language interpreters,' information on access for persons with
disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding,
pfease contact (305) 604-2489 (voice),_(305)673-7218(ITY) five days in advance to initiate your request. m users
may also call 711 (Florida Relay Service). . ·
Ad#707 --
THIS PAGE INTENTIONALLY LEFT BLANK
356
Condensed Title:
Amendment of the City Code Chapter 82, "Public Property," Article IV, "Uses in Public
Rights of Way," Division 6, "Prohibited Signs Over Public Property," Section 82-414
"Permitted Signs, Shelters and Advertising in Public Rights-of-way", to permit advertising on
bicycle rental kiosks as ()_art of the City Bike Sharing Program.
Key Intended Outcome Supported:
Enhance mobility throughout the City.
Supporting Data (Surveys, Environmental Scan, etc.):
16.8% of residential respondents indicated that they would be willing to use bicycles as
trans_Q_ortation.
Issue:
Shall the City Commission approve the proposed amendment to the City Code allowing
advertisin on bic cle rental kiosks of the Deco Bike Shared Sic cle Pro ram?
Item Summary/Recommendation:
The Administration recommends that the City Commission approve the proposed ordinance
upon first reading and set a second reading and public hearing for July 18, 2012.
The City executed a concession agreement with Deco Bike, LLC, for a self service bicycle
rental and sharing program with facilities located in specifically designated public rights-of-
way. The bicycle sharing program now serves as a viable transportation network. As part of
the Agreement, the City currently permits the concessionaire to place limited advertising on
the bicycle baskets (through a Bike Basket Sponsorship Program). Section 138-73 of the City
Code prohibits general advertising signs. This prohibition is an important component of the
City's regulations governing aesthetic considerations, and prevents billboards and similar off-
site advertisements from proliferating throughout the City. The City has allowed limited
advertising in the public right-of-way as a means of offsetting the costs associated with
providing needed public facilities such as bus shelters and benches (city-wide) and directory
signage (on Lincoln Road).
This amendment will allow the City to permit general advertising signs on the bicycle rental
kiosks included in the City's bicycle rental and sharing program. In accordance with Charter
Section 5.02, the City shall consider the long term economic impact of proposed legislative
actions, the proposed Ordinance would have the potential to increase revenues by $288,000
in advertising revenue over the initial five (5) year term.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of :Amount
Funds:
'1 $
OBPI 'Total $
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin :
Richard Lorber, Planning Department or Gary Held, Legal
.Department Director Assistant City Manager
RL GH JGG
T:\AGENDA\2012\6-6-12\Decobike Kiosk Advertising Jun 2012 sum.docx
Ml MIB CH 357
Account ,Approved
CityiManager
JMG
AGENDA ITEM ____;R_S_E __
DATE <0-0 ~ J2__
& MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager 'X~
June 6, 2012 U First Reading DATE:
SUBJECT: Bicycle Rental Kiosk Advertising
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 82, "PUBLIC
PROPERTY," ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY,"
DIVISION 6, "PROHIBITED SIGNS OVER PUBLIC PROPERTY,"
SECTION 82-414 "PERMITTED SIGNS, SHELTERS AND
ADVERTISING IN PUBLIC RIGHTS-OF-WAY", TO PERMIT
ADVERTISING ON BICYCLE RENTAL KIOSKS AS PART OF A CITY
BIKE SHARING PROGRAM; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the proposed
ordinance upon first reading and set a second reading public hearing for July 18, 2012.
BACKGROUND
At the July 13, 2011 Commission meeting a discussion regarding DecoBike advertising
was held. The item was referred to the Finance and Citywide Projects Committee to
discuss a) determination of financial need to ensure program is successful; b) look at
alternatives ·if advertising is not an option; c) bring back first reading ordinance at the
September Commission Meeting; and d) conduct regional meetings.
The proposal by Deco Bike to allow advertising on the kiosks was discussed at
numerous committees and public meetings including the Miami Beach Visitor and
Convention Authority (8/22/11), the Transportation and Parking Committee (9/12/11), the
Ocean Drive Association (9/13/11 ), the Mayor's Blue Ribbon Bikeways Committee
(9/22/11), and two specially advertised community workshops, one at City Hall on 9/7/11
and another at the North Shore Park Youth Center on 9/12/11.
The Planning Department showed each group large images of the three options for size
and scale of advertising panels on the existing Deco Bike kiosks. They explained that if a
policy decision is made to permit advertising on the kiosks, it could be limited to
locations in commercial districts.
A majority of persons who spoke at these meetings were opposed to any type of
advertising on the Deco Bike kiosks. The most common reasons stated were aesthetics
and that it c9uld open a Pandora's Box of advertising in other locations in Miami Beach.
Many people questioned whether it was premature to make this proposal since the bike
358
City Commission Memorandum
Bicycle Rental Kiosk Advertising
June 6, 2012 Page2
sharing program had only been in operation for 6 months at that time. Some individuals
stated that the matter should be reconsidered after one year of operation and after the
City audits the books to verify whether advertising revenue is necessary to make the
program financially viable.
At the April 18, 2012 Finance and Citywide Projects Committee meeting, the results of
the Finance Department's analysis of DecoBike's financial statements were presented to
the Committee, with the recommendation that advertising revenue would be needed in
order to maintain the financial stability of the bike sharing program. The Committee
recommended approving advertising for the bicycle rental kiosks, but limiting any
increase in customer fees to $6 per hour.
ANALYSIS
Concession Agreement Review and Proposed Modifications
DecoBike, LLC, entered into a concession agreement with the City dated July 15, 2009
in response to RFP 44-07108 for the delivery and operation of a self-service bicycle
rental fleet for public use to be stationed in the public right of way. DecoBike began
operation March 14, 2011, and currently operates a total of 83 stations with 850 bicycles.
There are still 27 stations remaining to be implemented over the next 3 months. As of
March 2012, there were 2,380 members.
The DecoBike program has had a tremendously positive impact on the community. It
has logged in excess of 815,000 rides and their bike fleet journeyed more than
2,444,000 miles. By utilizing DecoBike instead of an automobile for local trips, their
members and visitors burned over 89,000,000 calories and reduced the city's C02
emissions footprint by 2,400,000 pounds.
During the initial period of operations from January 2011 through December 2011
financial statements provided by DecoBike and compiled by their accountant, Douglas
N. Rice, CPA,PA, reflected an operating loss of approximately $387,561. Their proposed
operating budget for 2012 reflects increased ridership revenue and while the business
still projects an operating loss it has been reduced to approximately $76,500. Revenues
and ridership continue to increase; however, to maintain the equipment and provide the
services that the public has come to expect, the business has a very high ratio of
expense to revenue.
The Administration met with Mr. Bonifacio Diaz, Chief Operating Officer and Mr. Ricardo
Pierdant, President DecoBike, LLC. to review the current financial statements and
contract terms of the existing concession agreement in the context of current operations.
It is clear that, without intervention by the City through contract term modification or an
additional revenue source, this program will not achieve a return of capital or modest
profit to the operator or to the City over the long term.
Over the past few months, the Administration has worked with Mr. Diaz to develop a
revised pro-forma that would achieve a sustainable financial model which provides a
return to the City, and return of capital along with a modest profit to DecoBike over a ten
year period. The revised pro-forma and the terms of a proposed new ten-year term
contract can· be found in Attachment A.
In order to provide sufficient revenue to sustain the Deco Bike operation, it is proposed to
allow 40 kiosks to display advertising. It is expected that 40 kiosks will generate annual
net revenue of $211,200 per to the concessionaire after deducting City's share, $57,600
359
City Commission Memorandum
Bicycle Rental Kiosk Advertising
June 6, 2012 Page3
and a 50/50 split of the balance with the advertising company. If the Mayor and City
Commission decides on a policy direction to allow advertising on Decobike kiosks, then
the citywide ordinance prohibiting general advertising signs needs to be amended
accordingly. ·
Advertising Ordinance Change
Section 138-73 of the City Code prohibits general advertising signs, which are defined in
the code as· "any sign which is not an accessory sign or which is not specifically limited
to a special purpose by these regulations." This prohibition is an important component
of the City's regulations governing aesthetic considerations, and prevents billboards and
similar off-site advertisements from proliferating throughout the City. ,
However, like many other cities throughout the world, the City of Miami Beach has
allowed limited advertising in the public right-of-way as a means of offsetting the costs
associated with providing needed public facilities such as bus shelters and benches
(city-wide) and directory signage (on Lincoln Road). An ordinance was adopted by the
City in 2001, codified at Section 82-414 in the City Code, in order to address these
facilities in the public right-of-way, affirming the City's authority to place such signs and
shelters in the public right-of-way with and supported by the associated advertising.
Section 82-414 had previously been amended to permit directory sign kiosks, and in
2010, it was amended to permit advertising on the baskets of the bicycles included in the
bicycle rental program. These amendments, and the currently proposed amendment
adding the bicycle rental kiosks which are part of the City-sponsored bicycle rental
program to the list of permitted advertising on facilities in the public right-of-way funded
through the advertising revenues, are generally legally recognized as a permitted
exception to the ban on general advertising, and thus do not detract from the
ban. However, as the City Attorney's Office has advised in the past, in consultation with
outside counsel, each exception to the general advertising ban adopted by the City
places the ban further at risk of being challenged and possibly invalidated. It is a policy
choice as to whether to allow a further exception in light of this opinion.
The bicycle sharing program now serves as a viable transportation network integrating
with the South Beach Local and Shared Car Program. This proposed ordinance would
further amend Section 82-414 to extend this provision to the bicycle rental kiosks as part
of the City sponsored bicycle sharing program. This amendment will allow the City to
permit general advertising signs on the bicycle rental kiosks included in the City's bicycle
rental and sharing program.
In order to permit advertising to be placed on the bicycle rental kiosks, Section 82-414 of
the City code must be amended as follows:
Section 82-414-Permitted signs. shelters and advertising in public rights-of-way
Notwithstanding any other prohibitions in this Code to the contrary, the city
may place, or contract to place, directory signs and bus shelters in the public
rights-of-way, or bicycles and bicycle rental kiosks as part of a city-
sponsored bicycle rental and sharing program, with advertising thereon.
Such signs, shelters, bicycles and bicycles rental kiosks shall be subject to
all applicable permitting requirements and design reviews as provided for in
the Land Development Regulations.
360
City Commission Memorandum
Bicycle Rental Kiosk Advertising
June 6, 2012 Page4
Conceptually, 40 advertisements on kiosks could be acceptable if located in strictly
commercial corridors, not facing any residential areas, with the advertising content
subject to specific review and approval by the City Manager or his designee. DecoBike
advises that their advertising company requires a minimum size of 22"x 48" to generate
the revenue included in the projections.
The current agreement provides that the City reserves the right to impose such
additional requirements for the installation and display of the Advertisements, at any
time, at its sole option and discretion; provided that the City Manager or his designee
shall provide the Concessionaire with written notice of such additional requirements. The
permissible content of the advertisements shall not include firearms, alcohol or tobacco
products, or be of a sexually offensive nature. Additionally, advertisements shall not
promote unlawful or illegal goods, services or activities and shall not contain images or
information that demean an individual or group of individuals on account of race, color,
religion, national origin, ancestry, gender, age, disability or sexual orientation.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action and determined that the
proposed Ordinance would have the potential to increase the revenues available to the
City generated by any proposed bicycle sharing program. It is estimated that
approximately $288,000 in advertising revenue could accrue to the Cjty over the course
of the initial five (5) year contract term.
CONCLUSION
The Administration recommends that the City Commission approve the proposed
ordinance upon first reading and set a second reading and public hearing for July 18,
2012.
T:\AGENDA\2012\6-6-12\Decobike Kiosk Advertising Jun 2012 mem rev2.doc
361
ORDINANCE NO. ___ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, BY AMENDING CHAPTER 82, "PUBLIC PROPERTY," ARTICLE IV,
"USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 6, "PROHIBITED SIGNS
OVER PUBLIC PROPERTY," SECTION 82-414 "PERMITTED SIGNS,
SHELTERS AND ADVERTISING IN PUBLIC RIGHTS-OF-WAY", TO PERMIT
ADVERTISING ON BICYCLE RENTAL KIOSKS AS PART OF A CITY BIKE
SHARING PROGRAM; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has determined that it is in the best interests of
the City to support the City's bicycle rental and sharing program allowing the placement
of bicycles and bike sharing facilities in the public rights-of-way of the City; and
WHEREAS, the bicycle rental kiosks included in this program are proposed to
include advertising to generate revenue to support the cost of the bicycle sharing
program, and for other purposes; and
WHEREAS, it is necessary and appropriate to amend the section of the City
Code granting authority for signs associated with public facilities in the public rights-of-
way.
WHEREAS, the City Commission finds that this amendment is necessary in
order to accomplish the above.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Section 82-414, "Permitted signs, shelters and advertising in public rights-
of-way," of the Land Development Regulations of the Code of the City of Miami Beach,
Florida is hereby amended as follows:
Sec. 82-414. Permitted signs, shelters and advertising in public rights-of-way.
Notwithstanding any other prohibitions in this Code to the contrary, the city may
place, or contract to place, directory signs and bus shelters in the public rights-of-way,
or bicycles and bicycle rental kiosks as part of a city-sponsored bicycle rental and
sharing program, with advertising thereon. Such signs, shelters, bicycles and bicycles
rental kiosks shall be subject to all applicable permitting requirements and design
reviews as provided for in the Land Development Regulations.
1 of 2
362
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shatl become and be made part of
the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may
be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this __ day of----' 2012.
MAYOR
ATTEST:
CITY CLERK APPROVED AS TO
FORM & LANGUAGE
& FOR EXECU ION
First Reading:
Second Reading:
Verified by: ________ _
rney 111-
Richard G. Lorber, AICP, Acting Planning Director
Underscore denotes new language
Strikethrough denotes deleted language
T:\AGENDA\2012\6-6-12\Decobike Kiosk Advertising Jun 2012 Ord.docx
2 of2
363
Attachment A
Bicycle Rental Kiosk Advertising
DecoBike Concession Agreement Review and Proposed Modifications
DecoBike, LLC, entered into a concession agreement with the City dated July 15, 2009
in response to RFP 44-07108 for the delivery and operation of a self-service bicycle
rental fleet for public use to be stationed in the public right of way. This agreement
required the concessionaire to implement a program which would enable the public to
self-rent bicycles from any of a number of locations and return them to another location
on a 24 hour, 365 day a year basis.
DecoBike began operation March 14, 2011, with 30 stations and 300 bicycles.
Approximately 53 stations and an additional 550 bicycles were added over the year,
increasing the total number of stations to 83 and bicycles to 850. There are still 27
stations remaining to be implemented over the next 3 months.
In the first month of operation DecoBike enrolled 250 members and has steadily
increased to a current total of 2,380 members. Monthly trips have steadily increased
from 35,332 trips during March 2011 to over 125,000 trips during March of 2012.
The DecoBike program has had a tremendously positive impact on the community. It
has logged in excess of 815,000 rides and their bike fleet journeyed more than
2,444,000 miles. By utilizing DecoBike instead of an automobile for local trips, their
members and visitors burned over 89,000,000 calories and reduced the city's C02
emissions footprint by 2,400,000 pounds.
During the initial period of operations from January 2011 through December 2011
financial statements provided by DecoBike and compiled by their accountant, Douglas
N. Rice, CPA,PA, reflected an operating loss of approximately $387,561. Their proposed
operating budget for 2012 reflects increased ridership revenue and while the business
still projects an operating loss it has been reduced to approximately $76,500. Revenues
and ridership continue to increase; however, to maintain the equipment and provide the
services that the public has come to expect, the business has a very high ratio of
expense to revenue.
It is clear that, without intervention by the City through contract term modification or an
additional revenue source, this program will not achieve a return of capital or modest
profit to the operator or to the City over the long term.
The Administration met with Mr. Bonifacio Diaz, Chief Operating Officer and Mr. Ricardo
Pierdant, President DecoBike, LLC. to review the contract terms of the existing
concession agreement in the context of current operations. The goal of this process was
to achieve a balance between the high quality public services provided, which continue
to be a great amenity to our residents and visitors, and financial sustainability over the
longer term.
Over the past few months, the Administration has worked with Mr. Diaz to review a
revised pro-forma using the terms of the current agreement over a prospective ten year
term. (The agreement currently is for a five year term with one five year option at the
discretion of the City.)
1
364
The pro-forma was based on current level of operation and revenues for walk-ups and
memberships were projected to increase at a rate of 3.5% per year while expenditures
were estimated to increase at a rate of 3% per year. The results reflected an annual loss
between $81 ,000 and $125,000 and a cumulative loss over the ten year period of
approximately $1,000,000.
Additionally, the original projections did not provide sufficient funds for replacement and
repair of bicycles. DecoBike has invested approximately $3,715,000 into the operation
and the projections neither provided a return of invested capital nor a profit to the
operator over the ten year term.
Staff reviewed a number of alternatives, comprised of:
• Using various rates for the City concession revenues;
• Using various rates for the City share of advertising revenues;
• Using various number of kiosks for advertising and implementing different
numbers of kiosks in different years;
• Exempting different revenues from the calculation of the City share of revenues,
and
• Providing different replacement cycles for bicycles and equipment.
Following the review of these various alternatives, it was apparent that to achieve a
sustainable financial model which provided a return to the City, and return of capital
along with a modest profit to DecoBike over the ten year period the following terms are
proposed.
Contract term
Rate increase
City Revenue Share
Begin a new ten year term retroactive to January 1, 2012.
A ten year term will allow for the return of capital after a
projected annual profit of 3%
A rate increase from $5 an hour to $7 an hour is included
in the projection. All other rates remain the same.
Continue at 12% of Walk ups and Memberships gross
revenues up to $3,000,000 of Annual Gross Revenues net
of sales tax and merchant fees.
Continue at 15% of Walk ups and Memberships gross
revenues over $3,000,000 of Annual Gross Revenues net
of sales tax and merchant fees.
Increase the exemption from City share calculation from
$1,000,000 to $1,500,000 during the first year of the new
term. This exemption will decline at a rate of $250,000 per
year to $0 in year seven of the revised term. This will allow
the concessionaire to recoup approximately two thirds of
his initial investment.
2
365
Advertising
Exempt merchant fees along with sales tax from the City
share calculation.
In Year 2 of the revised teim, it is proposed to allow 40
kiosks to display advertising.
It is expected that 40 kiosks will generate annual net
revenue of $211,200 per to the concessionaire after
deducting City's share, $57,600 and a 50/50 split of the
balance with the advertising company. The City's actual
rate of return is 27% of the kiosk net advertising revenues.
Operator's Return on Capital On an annual basis, the concessionaire will be permitted a
3% profit (on initial capital investment). Any additional net
income will be considered a return of capital.
Equipment Replacement
Windfall Provision
Any additional investment of capital by the concessionaire
will be subject to the approval of the City with capital
recovery terms to be negotiated.
Funds have been increased to provide for a 3-4 year
replacement cycle
Should the actual results of operations provide a return of
the initial capital investment to the concessionaire prior to
year ten of the revised term, the City will receive a 50%
share of annual net income in excess of the
concessionaire's 3% profit each year until the end of the
contract.
This return to the City will be capped at the sum of all the
revenues exempted from the City share calculation which
include the sum of annual Merchant Fees and the
exempted revenues beginning in year 1 of the revised term
and declining at the rate of $250,000 per year to $0 in year
7; as well as the revenues exempted during the first year of
operation under the existing contract.
Additionally, added to the cap will be the cumulative
difference between the foregone revenue of $3500 per
parking space per year (approximately 100 spaces) and
the cumulative 12%/15% City revenue share on walk-ups
and membership fees.
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366
REVISED DECO BIKE PRO-FORMA I 10yrs Option J rate 0.12 DecoBike Profit 1,114,530 advertising kiosks 40 yr 2 advertising rate 0.12 (27% on net) Return of Capital 3,745,315 rev-cs/2 + expense 0 yr3 rebate -$1.SM declining to 0 in yr 7 DecoBike Total I 4,859,8451 Capital Return 10 yr10 increase 60 min to $7 and use actual membership City earnings 2,882,589 Bike repair/replace 3,439,164 '"'~-""-"'''"'"·""'""·'"''"-~''-""""".,.-~'~''""~"='·"-·"-'""'''""""''""-"'·"'"'~~...,~-,..,~,--···---~~ • ._,_~.-·-~·-'.·>-~""r~•·-~,..--_•.e•. --~-... _,,,.,.,,..,~.,....,.,,.,.. __ ,~,._.,,,. • .,., . .,_,_._~-~~'-""'~~ '·-'""'"""'""'""""-"' ,.,.,.,,_,.,..,_,.,,,~ .. .-. ,,., •. .,...,~,,..,.~,_,.,..,._,,.., .. ...,,.,...,. Period Year Revenue Walk-ups 1,821,313 1,885,059 1,951,036 2,019,322 2,089,999 2,163,149 2,238,859 2,317,219 2,398,321 2,482,263 Memberships 489,144 506,264 523,983 542,323 561,304 580,950 601,283 622,328 644,109 666,653 Advertising 60,000 541,800 558,054 574,796 592,039 609,801 628,095 646,938 666,346 686,336 5,564,204 Gross Revenue 2,370,457 2,933,123 3,033,073 3,136,441 3,243,342 3,353,899 3,468,236 3,586,484 3,708,776 3,835,252 14,716,436 Top Line Expenses Merchant Fees 119,566 123,751 128,082 132,565 137,205 142,007 146,977 152,122 157,446 1,355,244 w FLSalesTax 205,319 212,315 219,551 227,034 234,773 242,777 251,054 259,614 268,468 0) City Revenue Share 162,989 203~641 244,657 286,049 327,831 372,518 388,268 404,556 421,401 2,882,589 ....... Total Top Line 487,873 539,707 592,290 645,648 699,808 757,302 786,299 816,292 847,314 Bottom line expenses Labor 1,010,520 1,040,836 1,072,061 1,104,222 1,137,349 1,171,470 1,206,614 1,242,812 1,280,097 1,318,499 Leases 70,022 72,122 74,286 76,515 78,810 81,174 83,610 86,118 88,701 91,362 Utilities 22,800 23,484 24,189 24,914 25,662 26,431 27,224 28,041 28,882 29,749 Office Expenses 9,000 9,270 9,548 9,835 10,130 10,433 10,746 11,069 11,401 11,743 Supplies 24,000 24,720 25,462 26,225 27,012 27,823 28,657 29,517 30,402 31,315 Advertising 61,200 274,236 282,463 290,937 299,665 308,655 317,915 327,452 337,276 347,394 Freight 12,000 12,360 12,731 13,113 13,506 13,911 14,329 14,758 15,201 15,657 Communication 39,564 40,751 41,973 43,233 44,530 45,866 47,241 48,659 50,118 51,622 Insurance 36,000 37,080 38,192 39,338 40,518 41,734 42,986 44,275 45,604 46,972 Sub-contractors 38,400 39,552 40,739 41,961 43,220 44,516 45,852 47,227 48,644 50,103 Vehicles 45,996 47,376 48,797 50,261 51,769 53,322 54,922 56,569 58,266 60,014 Bike 300,000 309,000 318,270 327,818 337,653 347,782 358,216 368,962 380,031 391,432 3,439,164 Total Bottom line expenses 1,669,502 1,930,787 1,988,710 2,048,372 2,109,823 2,173,117 2,238,311 2,305,460 2,374,624 2,445,863 Total Expenses 2,021,637 2,418,660 2,528,417 2,640,662 2,755,471 2,872,926 2,995,613 3,091,759 3,190,916 3,293,177 Total Net Income ,:C/348;820 '514,463 5o4;656 495,779 487,871 480,973 .. 472,624 494,725 517,860 542,075 4,859,845 3% profit 111,453 111,453 111,453 111,453 111,453 111,453 111,453 111,453 111,453 111,453 1,114,530 return of capital 237,367 403,010 393,203 384,326 376,418 369,520 361,171 383,272 406,407 430,622 640,377 1,033,580 1,417,906 1,794,324 2,163,844 2,525,015 2,908,286 3,314,6941 3,745,3151
From: Eileen de Ia Cuesta
Lorber. Richard
Roque. Grlsette
To:
Cc:
Subject: DecoBike feedback -MBVCA
Date: Tuesday, August 30, 20111:36:02 PM
Dear Richard,
Below is a synopsis of the feedback from the MBVCA members from their Board
meeting last Monday, August 22, 2011:
• Do not want to see extremely large ads
• Would like the City to be mindful of the location of the bike rack and if an ad is
appropriate to the location
• Suggested increasing the bike rental price in order to increase revenue, rather
than selling ad space
• Suggested reevaluating the locations, and if any unsuccessful spots were
discovered, request that the City consider removing and restoring the parking ..
• If ads are placed on Decobike stations, people might not look at the bikes
anymore, because the ad is distracting.
• They felt the ad placement went against many things that can't be changed
within the City.
• Ads are not art and do nothing to enhance or beautify the City.
• The station on Chase Ave and 41st Street takes parking away from a nearby
school and synagogue and placing ads on the station might be inappropriate
for the location. The problem is also that while rental may not be successful,
they may want to keep the station because is a good place for ads.
• Felt it was a bit hypocritical that private business cannot place ads while the
CMB can because they own the real estate.
• There is concern over the ads, because if advertising is successful, it will be
permanent regardless of how successful the bike station is.
• They would prefer hotel guests to not have to look at an ad when looking out
the window vs. palm trees, particularly for stations located in front of hotels
• Increasing rates should be better than placing advertising; however, they
understand that ad placement is the easy way out.
If you have any questions, please feel free to contact us.
Kind regards,
Eileen de Ia Cuesta
Assistant Director
Miami Beach Visitor and Convention Authority (MBVCA)
Tel: 305.673.7050/Fax: 305.673.7282
www.miamibeachvca.com
Join us on Facebook!
368
City of Miami Beach
Transportation & Parking Committee
Monday, September 12, 2011
Minutes
APPROVED:
OCT 3R0 , 2011 -TPC
**PLEASE NOTE: THE TIMES INCLUDED NEXT TO EACH ITEM IN PARENTHESIS, ARE
PROVIDED AS AN INDEX TO INDICATE THE STARTING TIME OF EACH ITEM WHEN
OBTAINING THE MP3 FILE OF THE MEETING**
I. Call to Order (00: 12)
M. Weithorn, called meeting to order at 3:31 p.m.
II. Introduction of Committee Members (00:16)
Introduction ofT & P Committee members and the public {sign-in sheet attached for reference).
Ill. Minutes of July 11, 2011 Meeting (0 1 :21}
Moved by JP Morgan, seconded by J. Asmundsson -all in favor, passed
IV. Port of Miami Tunnel Project Update (04:00)
Changes: Barging spoils off site -ran into environmental concerns and will need to truck off;
maximizing off peak hours.
Contractor presented PowerPoint Presentation (handout provided to committee); Luz Weinberg,
Director of Communications and Frank Guaymier, Project Engineer.
Tunnel Boring Machine (TBM) has been delivered, installed, and being assembled -will start boring at
end of October.
Hauling operations: Trucks go from spoil management area through Parrot Jungle Trail, west on
McArthur Causeway, 95 South, Rickenbacker Causeway, into Virginia Key.
Fully enclosed conveyor system that is connected to TBM, as it hauls out material, spoils are deposited
into conveyor system all the way through, above McArthur to pedestrian walkway/crossway into spoil
management area -concrete basin that lets material sit and holds 4000 cubic yards of material {few
days of operations); materials then put onto trucks.
Spoils are lime rock-DERM reviewing everything coming out, reviewing if any additives; Virginia Key
needs approval from DERM before allowing disposal.
No longer barging materials due to high risk involved; other cases, any minor spill, DERM would shut
down and you can shutdown barge, but not conveyor.
Main hauling will be done from 6p-7a (75%); minimal hauling 7a-6p {25%) -will minimize hauling
based on special events.
369
Trucks: Averaging One (1) truck every ten (1 0) minutes.
Drilling will last 16 months.
V.' Byron-Carlyle Parking for Employees & Valet (27:34)
APPROVED:
OCT 3R0 , 2011 -TPC
M. Weithorn stated two (2) issues: Valet Parking {not that many people) and Employee/ Actor
parking.
Max Sklar, Tourism & Cultural Development Director, stated City's contract with Stage Door, gives City
right to provide valet at venue. City tried through City's valet operator: First Class Parking. First Class
stated they are not getting revenue and by contract, they do not have to provide the service; contract
allows Stage Door to Find their own valet operator.
Southern Parking was contacted and City agreed to allow them to use spaces at 72"d Street lot for
valet storage.
S. Frances stated cost of rental for valet storage is ordained at $14.00 per space/per day.
Valet companies are not contractually obligated to provide service if it is not feasible.
Suggestion: Stage Door should contact City National Bank {private lot) for usage of lot.
S. Frances suggested purchasing iPark device {in-car parking meter); feels this would be best option at
$1 .00 per hour; only pay for time used.
VI. Deco Bike Advertising,(51 :54)
Richard Lorber, Acting Planning Director, presented several billboards -for demonstration purposes
depicting size of advertising; Deco Bike presented proposal to City to add advertising to kiosks.
City's Planning Department was asked to bring proposition to various groups of neighbors/businesses;
Planning Department does not support proposal for advertisement.
Within City of Miami Beach there is prohibition on general advertising -no billboards permitted;
some exceptions: bus shelters, as means of financing construction by private company of bus shelter
by city.
Deco Bike was approved for advertisement on bicycle baskets, not on kiosks; approval of ad in any
other location would require ordinance change.
If plan goes forward, locations have been approved on limited stations by Planning Department.
Jorge Gomez, Assistant City Manager, stated there about fifty (50) stations that could potentially have
ads; none near residential, schools or park areas.
Colby Reese, Deco Bike, stated advertisement is essential, as they are losing money for capital
repayment; billboard .is actually a sticker that goes on kiosk to help program; other option if no
advertising, would be modifying/reducing revenue share to City.
Suggestion: Give program a year {only been running For 6 months).
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370
APPROVED:
OCT 3R0 , 2011 -TPC
Patricia Walker, City's Chief Finance Officer, will be reviewing financial books for Deco Bike; update
to be provided to committee once this takes place.
VII. Memorial Day Weekend Update (01 :45:50)
Hilda Fernandez, Assistant City Manager, participated in discussion via telephone conference.
M. Weithorn stated there were questions for legal department-legally what can be done to close
down streets/divert traffic during any event causing a safety or other harmless circumstance.
Debora Turner, City Attorney, stated Administration has been working on chart of what can be done
during these types of weekends; City Attorney's Office prepared memo that outlines the authorities that
address what authority is under police power and identify major event periods {provide to committee).
Hilda Fernandez stated options have been presented to Commission -traffic management and
parking; ideas developed by staff which may merit consideration {handout provided to committee).
Max Sklar added they are waiting for Commission to give direction on how to pursue; joint meeting to
be scheduled.
S. Wasserman stated options provided do not show ways to discourage people from coming.
Debora Turner stated as long as plan is objective and applies across board based upon criteria {levels
of traffic, etc.).
Max Sklar added putting together triggers based on traffic volumes, occupancy, objective triggers,
etc., measures will be implemented during peak times.
Follow-up to be provided in November.
VIII. Miami-Dade Transit (02: 12:54)
Robert Pearsall introduced Ingrid Quallo -works at their Facilities office and a Miami Beach resident.
Airport Flyer -grant money to start using in November; after getting input, looking at data, going
ahead with extension {as in grant) to extend Airport Flyer to South Pointe Drive-Washington to South
Pointe Drive.
Option: 2-way on Washington, but how to turn around on South Pointe Drive; option which would
save couple of minutes is to use Commerce {entire route is 2 way); handout provided to committee.
Keep extension at 30 minutes; Miami lntermodal Center {MIC) will open in April (east of Airport) -all
bus service will go to MIC (including Airport Flyer); will improve headway to 24-25 minutes.
D. Fruit stated everyone likes the set schedule of this route.
S. Diffenderfer asked for consideration in using West Avenue, serve residents instead of going
up/down Washington which is slow.
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371
City of Miami Beach
Mayor's Blue Ribbon Bikeways Committee
Wednesday, September 21, 2011
ATTENDEES
Members: City of Miami Beach Staff: Guests:
Fred Sake, Chair
Harvey Bernstein
J ae Manzella
Gabrielle Redfern
Darlene Fernandez, Transportation Coordinator
Xavier Falconi, Planning & Zoning Department
Officer Javier Castillo, Police Department
Ken Burskey, Bike Blogger
Sanhita Lahid, Atkins Eng.
ISSUES
UPDATES.
ALTON RD.,
FROM SST.
TO
MICHIGAN
AV.
BEACHWALK
II
DECO BIKE
RENTAL
PROGRAM
CIP LIST
Meeting Commenced at 2:05pm
DISCUSSIONS
··~ . , ...
. . ; : c.e:•; ·,, .. : .. •·. ·. •·
GR: Reminded the group of recent MB Commission meeting controversy regarding
inclusion of bike lanes. A couple of Commissioners are adamantly against them; and the
project was sent the Neighborhood Review Committee (again) for further scrutiny.
JM: Ms. Redfern took a bold stance for cyclists, as did the FOOT Project Mgr. Ultimately,
it is his decision whether to include bike lanes. There is plenty of evidence to support them.
GR: Noted that Commissioners were also upset by the amount of parking spaces being lost.
JM: Many would be lost by newer design standards, with/without bike lanes. The sidewalks.
will be widened, so shop owners should be pleased. It should be considered a compromise.
GR: Perhaps shifting the lanes towards the east and placing a two-directional bike path on
the western side would please everyone. She suggested this to the FOOT District Secretary.
JM: Besides being an engineering nightmare, that design is unconventional in the USA.
There are far too many intersections (and driveways) to place a path along this corridor. It
wouldn't be prudent to fight against a good design which the FOOT has already endorsed.
Paths generally do not accommodate the transportation needs of cyclists.
DF: The Parking Dept. is against bike lanes as well.
DF: There has been no progress for several months.
GR: The vendor is petitioning the Co111111ission for more advertizing rights.
JM: Questioned whether there is a threat against program sustainability, or is this a way to
meet an inflated profit margin goal.
FS: There will be an expansion of the contract, with reviews/audits as necessary.
XF: This issue should be resolved by the end of the year.
DF: Brought a new list of pending projects.
Chair: None of the project listings have an estimated completion date.
DF: The PW Dept. has taken out all bike lane designs in the Bayshore neighborhood, and
replaced them with sharrows. This includes the proposed multi-use path along 28 111 St.,
adjacent to the Par3 golf course. It would not be compatible with the golf course.
JM: Protested that the golf course has trees along the entire way to buffer a path.
GR: The Bayshore Neighborhood group is opposed to taking swale to provide room for the
proposed bike lanes. This serves as bad precedent, if the bike lanes are removed from the
designs, other neighborhoods will attempt to do so.
JM: Reiterated concerns to tear-up swale and add asphalt to include bike lanes along low-
volume/low-speed roadways. The benefit does not justify the cost. Shan·ows serve the same
purpose in this circumstance. Alas, most of the group wants bike lanes everywhere.
· GR: Bike limes provide large benefits; they are safer, promote cycling and awareness.
JM: Unfortunately, many cyclists in this town ride on the sidewalks (even when bike lanes
are present); which is dangerous at every intersection (and driveway).
FS: CIP staff should provide an update to the Committee.
C:\Documents and Settmgs\FINA WaiP\Local Settings\Temporary Internet Files\Content.Outlook\2UA2SE 11\Bikeway Comm Minutes.doc
372
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 1 0 of the Miami Beach City Code entitled "Animals" by amending Section 10-11, entitled
"Running At Large Prohibited" by extending the pilot off leash program for dogs in South Pointe Park through and including
December 31, 2012, providing for repealer, severability, codification and an effective date.
Key Intended Outcome Supported:
Increase satisfaction with family recreational activities
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 84.9% of
residents rated the City's Recreation programs as either excellent or good.
Issue:
Should the City Commission approve this ordinance on first reading extending dog off leash pilot program in South Pointe
Park throu hand until December 31, 2012?
Item Surrima /Recommendation:
There have been several Commission/Commission Committee discussions concerning dogs off leash in South Pointe Park
and the existing pilot program. Select actions are as follows:
• September 9. 2009, the City Commission adopted Ordinance No. 2009-3646, authorizing dogs to be unleashed in
South Pointe Park for a six-month pilot program from sunrise to 9:00 a.m. (Mon-Fri).
• February 3. 2011, the Neighborhoods/Community Affairs Committee (NCAC) recommended extending the trial
period to include two (2) additional hours in the evening on Mon. through Fri. This action was approved and
accepted by the City Commission at the March 9, 2011, Commission meeting.
• October 19. 2011, the City Commission approved an ordinance on second/final reading that extended the pilot off--
leash program until January 1, 2012, and added two (2) hours in the evening from 5:00 P.M. To 7:00 P.M.,
Monday through Friday.
• January 11. 2012. the City Commission approved an ordinance amendment on second reading to extend the pilot
off-leash pilot program for dogs in South Pointe Park until July 15, 2012, modified the off-leash hours in the
designated area in the morning from sunrise to 10:00 A.M. daily and between 4:00 P.M. and 7:00P.M. Monday
through Friday and relocated the off-leash area to the west lawn, south and east of the Washington Avenue entry
plaza.
• May 22. 2012, the N/CAC discussed the South Pointe Park dog off-leash pilot program and recommended it be
extended again from July 15, 2012 through and until December 31, 2012.
Based on the NCAC recommendation, the proposed ordinance amendment extending the South Pointe Park Dog Off-
Leash Pilot Program is presented on first reading. The Administration requests direction from the full Commission on the
NCAC's recommendation to extend the ilot ro ram.
Adviso Board Recommendation:
NCAC meeting on 5/22/12; recommendation to proceed with ordinance amendment to extend off leash area pilot program
in South Pointe Park throu hand until December 31, 2012.
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Si n-Offs:
Department Director
KS
T:\AGENDA\2012\6-6-12\Animal Ordinan
MIAMI BEACH os-p AGENDA ITEM _0~.,....----
DATE C,-b-Fl.r 373
lD MIAMI BEACH "'='"
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM:
DATE:
Jorge M. Gonzalez, City Manager C'\ ~
June 6, 2012 U U FIRST READING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE MIAMI
BEACH CITY CODE ENTITLED "ANIMALS," BY AMENDING SECTION 10-
11, ENTITLED "RUNNING AT LARGE PROHIBITED," BY EXTENDING THE
PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE
PARK THROUGH AND INCLUDING DECEMBER 31, 2012, PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The proposed ordinance amendment to extend the off-leash area in South Pointe Park is
presented for first reading following a discussion and recommendation of the issue at the
Neighborhoods/Community Affairs Committee (NCAC) at the May 22, 2012 meeting.
KEY INTENDED OUTCOME SUPPORTED
Increase satisfaction with recreational programs.
INTRODUCTION
At the January 28, 2009, Commission meeting, the Administration requested the matter of dogs
off-leash in City parks and other public properties in general, be referred to the
Neighborhood/Community Affairs Committee for discussion. This initial Neighborhood/Community
Affairs discussion was held on February 17, 2009. Since that time there have been ongoing
discussions as to how the City can find the proper levels of services that address the needs of our
residents and guests who own dogs with those who do not. These discussions have focused on
the development of "bark parks" (fenced in areas in parks specifically designed and designated for
dogs to run off leash): access for the dogs to water from a beach or park edge; the provision of
dog bag/ waste stations that are located throughout the city's parks, rights of way, Lincoln Road,
the Beach walk and other public areas; and the establishment of off-leash access in the parks to
areas which are unfenced/ unsecured where dogs would run off leash and beyond their owner's
control. To date there have been seven (7) discussions related to dogs-off leash in South Pointe
Park at the Neighborhood/Community Affairs Committee; one (1) at the Land Use & Development
Committee (in conjunction with the Par 3 dog off-leash discussion); and six (6) Commission actions
related to the matter.
BACKGROUND
There are presently a total of five (5) fenced dog parks and one designated off-leash area within
the City's parks. These include Belle Isle, Flamingo, North Shore Open Space Park, Pinetree,
South Pointe (designated un-fenced/off-leash area), and Washington Avenue (two sites).
374
Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited
June 6, 2012
City Commission Meeting
Page 2of4
As South Pointe Park neared completion, a discussion was held on the development of a dog park
within South Pointe Park, which would be an enclosed area similar to the dog parks in Flamingo,
Washington Avenue, Pinetree, or Belle Isle. The conclusion, of the discussion was to build-out a
larger dog park on Washington Avenue, diagonal from the then-existing dog park on Collins
Avenue and 2nd street. It was also recommended that the City look at whatever amendments would
be needed to allow a pilot, off-leash area in a designated section of South Pointe Park, with limited
hours of use. The designation of an off-leash area was not only prohibited by City Code, but it was
also prohibited by County Code.
On September 9, 2009, the City Commission approved, on second reading, an Ordinance
amending Chapter 1 0 of the Miami Beach Code entitled "Animals" to allow the City Commission to
designate specific off-leash areas for dogs in public parks, specifically for South Pointe Park. The
September 9th action established morning off-leash hours (park opening (sunrise) to 9:00 A.M.)
only in a specific, unenclosed area of South Pointe Park located in the triangular area where the
public art was scheduled to be sited (south and west of the Washington Avenue entry plaza). The
item was amended to clarify that an off-leash program at South Pointe Park would be for a trial
period of six months, commencing only if/when Miami-Dade County amended Section 5-20 of their
Code pertaining to animals. At the time of the City Ordinance approval, County Code prohibited
dogs off leash except in authorized park areas. The County Commission adopted the ordinance
amendment at their May 4, 2010 Miami-Dade Board of County Commissioners meeting.
The initial Off-Leash Pilot Program in South Pointe Park began on June 1, 2010. At the February 3,
2011, Neighborhood/Community Affairs Committee meeting, the Committee held a discussion
concerning the South Pointe Park dogs off-leash pilot program and recommended extending the
trial period, as well as adding two (2) additional hours in the evening on Monday through Friday
only (hours to be determined). They also discussed the concept of adding a hedge to surround the
off-leash area once it returns to its permanent area (from where it had to be moved when the art
piece was being installed). It was concluded that the item would return to Committee after the
installation of the public art, and if the off-leash program was approved to continue, to discuss
whether the off-leash area should move back to the original site, or remain at the current location
(portion of west lawn).
In light of the pending expiration of the in South Pointe Park Dogs Off-Leash Pilot Program, and
the anticipated completion of the public art installation, a discussion item on the program was
placed on the December 8, 2011, NCAC Meeting for purposes of obtaining direction on: 1) whether
the program should be extended/made permanent; and, if so, 2) what the permanent location of
the site should be. he Committee discussed both issues. There was a consensus to extend the
program; however, Commissioner Libbin expressed concern with extending the program if it did
not include a hedge of some sort surrounding the "off-leash" area. In terms of location, there was
general agreement, including from community members present, to keep the current location
(portion of west lawn), rather than move the off-leash area back to where the public art piece had
been installed.
Following a discussion and community input, the NCAC members recommended that the
Administration be directed to:
• Extend the South Pointe Dog Off-leash Pilot Program for six (6) months in its current location
(approximately 18,000sf in the west lawn, south and east of the Washington Avenue entry
plaza, bordered to the south by the cutwalk, and a pathway on the east and north sides), with
an additional one (1) hour of off-leash time in both the morning and the afternoon. This
extension required an amendment to the current city code (via amendment to the ordinance);
and
375
Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited
June 6, 2012
City Commission Meeting
Page 3of4
• Prepare a site plan of the South Pointe Off-leash area in its present location and secure a cost
estimate for the installation of a hedge, of the appropriate species and height, to enclose the
"off-leash" area. The installation of a hedge would require;
o Presentation of the proposed site plan with the hedge to the Design Review Board.
o Identification of funding to implement this hedge, should it be approved by the Design
Review Board.
The Committee also directed staff to bring back for further discussion the continuation of the pilot
program within five (5) months if there was no conclusion on the hedge issue.
The recommendations were approved by all Committee members present at the meeting.
ANALYSIS
As directed, at the December 14, 2011 Commission meeting the Administration prepared and
presented on first reading an Ordinance Amendment to Chapter 10 of the Miami Beach City Code
entitled "Animals" to extend the pilot off-leash pilot program for dogs in South Pointe Park until July
15, 2012; modified the off-leash hours in the designated area in the morning from sunrise to 10:00
A.M. daily and between 4:00 P.M. and 7:00 P.M. Monday through Friday; and relocated the off-
leash area to the west lawn, south and east of the Washington Avenue entry plaza; the
amendment was approved. On January 11, 2012, the required second reading and public hearing
for the above ordinance amendment was held and approved by the City Commission.
Additionally, as directed by the City Commission, on February 2, 2012 the Administration prepared
and submitted the required application to the Design Review Board for design review of a small,
low growing native hedge to define the boundaries of the off-leash area delineated by the City
Commission within South Pointe Park. On March 13, 2012, the Design Review Board entered an
Order denying the request of the City Administration for a proposed hedge for the off-leash dog
area within South Pointe Park and on March 21, 2012, the City Commission directed the City
Manager to appeal the ORB Order. At the April 11, 2012 Commission meeting, a resolution setting
the public hearing, pursuant to Section 118-262 of the City Code, to review the Design Review
Board Order denying the request for the proposed hedge was approved.
At the May 9, 2012, City Commission meeting, the required public hearing to consider the appeal
of the Design Review Board Order was held. Following the public hearing and during the
discussion by the City Commission, a motion was made by Vice-Mayor Libbin to continue the
consideration of the appeal of the DRB Order to the June 6, 2012 Commission meeting. This
motion was approved 6-1.
REPORT/UPDATE ON INCIDENTS-PAST 18 MONTHS
At the May gth Commission meeting, a request was made for a complete report from the
Administration to see if there have been any problems with the designed off-leash program over
the past 18 months. Please note that according to the Police Department (and private security),
Fire Department, Code Enforcement Division, and Parks & Recreation staff, there are no
documented instances of patrons being bitten or attacked by dogs that are off-leash at South
Pointe Park.
ljowever, staff assigned to the park do express concern that they are regularly verbally abused by
dog owners when they ask those dog owners to put their dogs on a leash when they are out of the
designated off-leash area, or are not compliant with the established times for the dogs to be off-
leash.
376
Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited
June 6, 2012
City Commission Meeting
Page 4 of4
Additionally, compliance monitoring reports maintained by Code Compliance and Security Alliance
indicate that for the period of June, 2010 to May, 2012, there were a total of 672 documented
instances of dogs off-leash in violation of the City's established times and location. It should also
be noted that that Code Compliance Division staff has maintained a Repeat Offenders Dog
Violations citywide summary for the period of April 1, 2011 and April 18, 2012 -with information on
dog owners that have received a minimum of two (2) notices. For South Pointe Park there are six
individuals on this list who, collectively, have received a total of twenty-two (22) violations, with two
(2) of the six (6) dog owners each being issued six (6) violations in South Pointe Park. By
comparison, citywide there are a total of 208 violations for dog-related violations issued to a total of
forty-five (45) individuals in this same period. Please see the attached summaries of these
incidents).
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE DISCUSSION-MAY 22,2012
Pursuant to the direction of the NCAC at its December meeting, the Administration requested the
Neighborhood/Community Affairs Committee discuss and provide direction concerning the
continuation or termination of the pilot program as approved by the City Commission. The NCAC
held this discussion at its May 22, 2012 meeting. The discussion included the Committee
members, a resident, and the Administration. Among the issues discussed:
1) The number of incidences of non-compliance (e.g. outside the designated off-leash area or
those not compliant with the established times for the dogs to be off-leash). The Committee
was presented information reflecting 672 incidences of non-compliance from June, 2010 -
May 15, 2012, as reported by the City's Code Enforcement Division and Security Alliance
LLC, the City's private security in the park. A Repeat Offenders Dog Violations report,
prepared by the Code Enforcement Division, also six (6) repeat violators who accounted for
twenty-two (22) instances of non-compliance in South Pointe Park;
2) The option of creating an ordinance which would make it a criminal offense (a second
degree misdemeanor) to have a dog off-leash in the park outside the designated
area/hours;
3) A request for research on what other cities do to enforce the dog leash laws;
4) A request for a breakdown of how many of the noted non-compliance cases resulted in
violations being issued by the Code Enforcement Division, and the result of the violations
being issued (e.g. paid, not paid, etc.);
5) A recommendation to extend the South Pointe Park Dog Off-Leash Pilot Program, with all
current conditions, through and including December 31, 2012; and,
6) If the City Commission approves the ORB Appeal to permit the installation of the hedge, to
pursue the next steps to install the hedge (e.g. secure funding) and monitor the dog off-
leash violations/non-compliance for discussion at the time the program expires.
At the conclusion of the discussion the Committee recommended and unanimously approved:
Extending the pilot program off-leash area for dogs in South Pointe Park through and
including December 31, 2012.
CONCLUSION
The proposed ordinance amendment, as recommended by the Neighborhood/Community Affairs
Committee at their May 22, 2012, meeting, extends the designated off-leash pilot program in South
Pointe Park, which is presently due to expire on July 15, 2012 through and until December 31,
2012. If approved on first reading, a second reading, public hearing would need to be set.
JMG/HMF/KS
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377
SOUTH POINTE PARK DOGS OFF LEASH PILOT PROJECT VIOLATIONS June 2010-June 2011 Monitoring Agency City of Miami Beach -Code Compliance/Security Alliance LLC ~~ 0 0 0 0 0 "r"' "r"' "r"' "r"' "r"' "r"' fh 0 "r"' 0 "r"' "r"' "r"' "r"' "r"' "r"' "r"' "r"' "r"' "';" _m I "r"' I I ..:. I I I .:. .:. I ss c I C) a. ~ c .D >-c ~ ~ : G). () .!! G) ftl : j ~ ~~~ 0 0 z u.. :! #In the morning (during permitted hours) outside the specified area 6 3 5 2 9 17 11 2 3 9 5 13 85 # In the morning after 9 AM in the specified area 4 2 1 1 7 0 3 1 1 1 1 2 24 #In the morning after 9 AM in the unspecified area 1 2 1 1 6 1 3 0 0 3 2 3 23 # In the afternoon in the specified area 2 10 42 20 20 17 14 18 6 11 5 3 168 #In the afternoon in the unspecified area 10 3 11 4 5 18 26 29 24 17 8 4 159 # of Violations noted but not issued -no identification -leave site 0 9 2 5 5 6 3 1 2 3 2 3 41 Total Violations 23 29 62 33 52 59 60 51 36 44 23 28 500 DOGS OFF LEASH PILOT PROJECT VIOLATIONS July 2011-May 2012 Monitoring Agency City of Miami Beach -Code Compliance/Security Alliance LLC N ~~ "r"' "r"' "r"' "r"' () N N N N 0 "r"' "r"' "r"' "r"' "r"' G) "r"' "r"' "r"' "r"' "r"' J!O> "r"' I I I I Q I I .:. .:. I J!.$ I C') a. 1> ~ c .c ~ ]_ .i I ftl ~ G) -~ G) I~ lJ 0 0 z -u.. li li #In the morning (during permitted hours) outside the specified area 6 5 1 8 6 4 1 1 0 13 7 562 ! #In the morning after 9 AM in the specified area/10-am April on 0 3 0 0 0 0 0 0 0 3 0 # In the morning after 9 AM in the unspecified area /1 0-am April on 3 2 0 1 3 3 3 1 1 5 0 22 #In the afternoon in the specified area 3 1 2 3 3 1 0 2 0 2 4 21 #In the afternoon in the unspecified area 2 4 1 8 2 2 7 2 4 7 5 44 # of Violations noted but not issued -no identification -leave site 5 3 2 0 5 0 1 0 0 5 6 27 Total Violations 19 18 6 20 19 1 0 12 6 5 35 22 172 co ...... M
SOUTH POINTE PARK SOUTH POINTE PARK DOGS OFF LEASH PILOT PROJECT VIOLATIONS SUMMARY June 2010-May 2012 Monitoring Agency City of Miami Beach -Code Compliance/Security Alliance LLC #In the morning (during permitted hours) outside the specified area 137 #In the morning after 9 AM in the specified area/10-am April on 30 #In the morning after 9 AM in the unspecified area /10-am April on 45 #In the afternoon in the specified area 189 #In the afternoon in the unspecified area # of Violations noted but not issued -no identification -leave site Total Violations 203 68 672 0') ...... M
REPEAT OFFENDERS DOG VIOLATIONS Violations Issued between Aprill, 2011 and April18, 2012 -With a Minimum of 2 Notices -·--4 4 2 2 4 2 2 2 6 2 2 4 8 2 1 1 4 2 3 3 8 2 2 4 2 2 2 6 3 3 2 2 4 5 5 3 3 2 2 2 6 \ 8 2 10 2 2 2 2 3 2 9 3 3 3 2 5 4 4 2 2 4 6 3 6 3 18 3 3 2 2 3 3 2 2 4 2 2 4 4 4 2 2 4 2 2 4 6 5 3 3 17 2 3 5 3 3 2 2 2 2 4 2 2 4 2 2 3 3 ' 2 2 2 2 2 2 4 I 3 3 ! 2 2 ' 2 2 4 I :'::':•:········:•:c:>: :., •• , 17 !:}:;:::::::::::~~:::::;::;:::::::::-:::::::::::::::::;::::;:.e~:j'::;:;:::::::::::::;::~-~ 05/22/2012 Code Compliance 0 co M
ORDINANCE NO.------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
10 OF THE MIAMI BEACH CITY CODE ENTITLED "ANIMALS,"
BY AMENDING SECTION 10-11, ENTITLED "RUNNING AT
LARGE PROHIBITED," BY EXTENDING THE PILOT
PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE
PARK THROUGH AND INCLUDING DECEMBER 31, 2012,
PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 5-20 of the Miami-Dade County Code, "a dog may be
unrestrained and shall not be deemed at large if it is supervised by a competent person and is
(i) in a park area in which dogs are specifically authorized by a municipality or by the County to
be unrestrained ... "; and
WHEREAS, on September 9, 2009, the Mayor and City Commission adopted Ordinance
No. 2009-3646 which specifically authorized dogs to be unrestrained and off-leash in South
Pointe Park for a pilot program in the triangular area south and west of the Washington Avenue
entry plaza from sunrise to 9:00 A.M. daily, or during such hours as may be specifically
designated by a resolution of the City Commission after a public hearing; and
WHEREAS, on October 19, 2011, the Mayor and City Commission adopted Ordinance
No. 2011-37 43 which extended the pilot program in South Pointe Park until January 1, 2012,
and extended the off-leash hours in South Park by adding two (2) hours in the evening from
5:00P.M. to 7:00P.M. on Monday through Friday; and
WHEREAS, on January 11, 2012, the Mayor and City Commission adopted Ordinance
No. 2012-3750 which extended the off-leash hours in the morning from sunrise to 10:00 A.M.
daily, and in the evening from 4:00 P.M. until sunset on Monday through Friday, relocated the
off-leash dog area to the area south and east of the Washington Avenue entry plaza, and
extended the off-leash program to July 15, 2012; and
WHEREAS, on May 22, 2012, the Neighborhoods/Community Affairs Committee
recommended that the off-leash pilot program in South Pointe Park be extended through
December 31, 2012; and
WHEREAS, the Mayor and City Commission wish to extend the off-leash pilot program
in South Pointe Park through and including December 31, 2012.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
Chapter 10
ANIMALS
* * *
381
SECTION 1.
That Chapter 10, Section 10-11 of the Miami Beach City Code is hereby amended as follows:
Sec. 10-11. Running at large prohibited.
It shall be prohibited for the owner or person in control of any animal to permit the animal to run
at large. All animals, when not on the premises of their owner or of the person in control, must
be on a leash or contained in a carrier device and under the control of a competent person,
except that in South Pointe Park, in the designated area south and east of the Washington
Avenue entry plaza, dogs may be off-leash from sunrise to 10:00 A.M. daily and from 4:00 P.M.
to 7:00 P.M. on Monday through Friday, or during such other hours as may be specifically
designated by a resolution of the city commission after a public hearing, until July 15 through
and including December 31, 2012.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the 16th day of June, 2012.
PASSED and ADOPTED this 6th day of June, 2012.
ATTEST:
MATTI HERRERA BOWER
MAYOR
RAFAEL E. GRANADO, CITY CLERK
F:\ATIO\TURN\ORDINANC\Extended South Point Off-Leash Area to 12-31-12.docx
2
382
APPROVED AS TO
fORM & lANGUAGE
& FO ECUTION
R7
RESOLUTIONS
383
COMMISSION ITEM SUMMARY
Condensed Title:
A public hearing to consider the appeal of the Design Review Board Order in File No. 22894 pertaining to the
property located at 1 Washington Avenue -South Pointe Park and a Resolution setting forth an order
[granting or denying] the appeal.
Key Intended Outcome Supported:
Increase community satisfaction with recreational programs
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey results indicate 84.9%
of residents rated the City's recreation programs either excellent or good.
Issue:
I Following the public hearing, shall the Mayor and City Commission grant or deny the appeal?
Item Summary/Recommendation:
PUBLIC HEARING
This matter was originally set for a public hearing on the May 9, 2012 City Commission Agenda -
Item No. R-7 A. The public hearing was opened and a motion was made by Vice-Mayor Libbin to
continue the ORB appeal hearing to the June 6, 2012 City Commission meeting.
At the direction of the City Commission at its January 11, 2012 meeting, the City Administration, through the
Parks and Recreation Department, submitted an application to the Design Review Board (ORB) for their
review of the placement of a hedge at one of three suggested locations at South Pointe Park, to help better
delineate the designated off-leash dog area there. The ORB considered this application at their March 6,
2012 meeting. Their order was subsequently issued on March 13, 2012, denying the administration's request
for a hedge.
At the March 21 , 2012, City Commission meeting, the Commission directed the administration to appeal the !'
ORB's Order. Pursuant to City Code Section 118-262, the City Manager of the City of Miami Beach, Florida;'
timely filed an appeal, thereby requesting the City Commission's review of the Design Review Board decision
rendered on March 13, 2012 (ORB File No. 22894) pertaining to the requested design review approval for a
hedge for a City Commission-designated off-leash dog area within South Pointe Park.
At the April 11, 2012 meeting, the Mayor and City Commission set the public hearing for May 9, 2012 to
review the appeal of the Design Review Board Order pertaining to ORB File No. 22894 - 1 Washington
Avenue-South Pointe Park.
Advisory Board Recommendation:
Financial Information:
Source of
Funds:
City Clerk's Office Legislative Tracking:
Si n-Offs:
Departmentll>irect&r
IAMIBEACH
385
AGENDA ITEM _R_7....;;_A __
DATE G.-b-I 'Z..
(9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manage()~
June 6, 2012 () (_) PUBLIC HEARING
A PUBLIC HEARING TO CONSIDER THE APPEAL OF THE DESIGN
REVIEW BOARD ORDER IN FILE NO. 22894 PERTAINING TO THE
PROPERTY LOCATED AT 1 WASHINGTON AVENUE-SOUTH POINTE
PARK; AND
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA SETTING FORTH AN ORDER
[GRANTING OR DENYING] AN APPEAL REQUEST FILED BY THE CITY
MANAGER OF THE CITY OF MIAMI BEACH, ON BEHALF OF THE CITY
ADMINISTRATION, PERTAINING TO A DECISION OF THE DESIGN
REVIEW BOARD ("ORB") FOR THE PROPERTY LOCATED AT 1
WASHINGTON AVENUE-SOUTH POINTE PARK (FILE NO. 22894).
STATUS OF ORB APPEAL
This matter was originally set for a public hearing on the May 9, 2012 City Commission Agenda
-Item No. R-7 A. The public hearing was opened and a motion was made by Vice-Mayor
Libbin to continue the DRB appeal hearing to the June 6, 2012 City Commission meeting. The
motion was seconded by Commissioner Exposito and passed by a voice vote of 6-1, with
Commissioner Wolfson opposing the motion.
BACKGROUND
Following January 11, 2012 City Commission discussion of the designated off-leash program at
South Pointe Park, the City Commission directed the Administration to submit an application to
the Design Review Board requesting their consideration of the proposed placement of a hedge
in one of three possible locations for the designated off-leash area in South Pointe Park.
On or about February 2, 2012, the City of Miami Beach Parks and Recreation Department
submitted an application to the Design Review Board ("ORB") for design review approval of a
small, low growing native hedge to define the boundaries of the off-leash area delineated by the
City Commission within South Pointe Park. In its ORB application, the Administration proposed
three alternate plans where the off-leash dog area with a hedge could be located within South
Pointe Park. Proposed Areas 1 and 2 are located to the east of the Washington Avenue Plaza
and south of the walkway that follows the berm. Area No. 1 is approximately 18,000. sq. feet
(.41 acres) and Area 2, which includes Area 1, is approximately 34,000.00 sq. feet(. 78 acres).
Area 3 is the area surrounding the lighthouse sculpture at the south and west end of the Park
and is approximately 18,000 feet (.41 acres).
386
June 6, 2011
City Commission Meeting
Commission Memorandum-ORB File No. 22894, Appeal, 1 Washington Avenue, South Pointe Park.
On March 6, 2012, the ORB held a hearing on the Administration's application and on March 13,
2012, it rendered an Order imposing conditions that effectively denied the Administration's
request for a hedge by stating "there shall be no hedge to define the area" and the off-leash
area "shall not be located in area #3, surrounding the arts in public places 'lighthouse project'."
On March 21, 2012, the City Commission discussed an item referred by Commissioner Libbin
regarding the ORB Order (agenda item R9F). The City Commission subsequently approved a
motion directing the City Manager to file an appeal of the ORB order.
Pursuant to City Code Section 118-262, the City Manager, at the request of the City
Commission, timely requested a review of the Design Review Board decision rendered on
March 13, 2012 (ORB File No. 22894). On April 11, 2012, the City Commission set a public
hearing for May 9, 2012 to review the decision of the ORB (agenda item C70).
Pursuant to Section 118-262( a) of the Miami Beach Code, the review by the City Commission is
not a "de novo" hearing. It must be based upon the record of the hearing before the Design
Review Board and no new additional testimony shall be taken. Furthermore, Section 118-262
(b) states the following:
In order to reverse, or remand for amendment, modification or rehearing any decision of the
Design Review Board, the City Commission shall find that the Design Review Board did not do
one of the following:
1) provide procedural due process;
2) observe essential requirements of Jaw; or
3) base its decision upon substantial competent evidence.
In order to reverse or remand a decision of the Design Review Board, a 5/th vote of the City
Commission is required.
Section 118-262(a) requires the appellant to file with the City Clerk a written transcript of the
hearing before the Design Review Board and a written statement. The transcript and City
Manager's written statement were filed with the City Clerk and transmitted to the Mayor and City
Commission on March 25, 2012.
ANALYSIS
The grounds for the City Manager's appeal are that the ORB did not observe the essential
requirements of law and did not base its decision upon substantial competent evidence. The
analysis relative to these grounds for appeal is set forth in the City Manager's written statement,
which was provided to the Mayor and Commission under separate cover.
CONCLUSION
The Administration recommends that the continued public hearing be held to review the
decision of the Design Review Board pertaining to ORB File No. 22894 1 Washington Avenue -
South Pointe Park.
JMG/HMF/KS
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5-9-12.doc
387
RESOLUTION NO.-----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA SETTING FORTH AN ORDER [GRANTING
OR DENYING] AN APPEAL REQUEST FILED BY THE CITY MANAGER
OF THE CITY OF MIAMI BEACH, ON BEHALF OF THE CITY
ADMINISTRATION, PERTAINING TO A DECISION OF THE DESIGN
REVIEW BOARD ("ORB") FOR THE PROPERTY LOCATED AT 1
WASHINGTON AVENUE-SOUTH POINTE PARK (FILE NO. 22894).
WHEREAS, a process for review by the Mayor and City Commission of decisions
rendered by the Design Review Board, when requested by an applicant or any affected person,
has been established under Section 118-262 of the Miami Beach City Code; and
WHEREAS, the City Commission directed the City administration to submit an
application for the installation of a hedge location in one of three potential City Commission-
designated off-leash dog area within South Pointe Park (ORB File No. 22894, 1 Washington
Avenue -South Pointe Park); and
WHEREAS, on or about February 2, 2012, the City of Miami Beach Parks and
Recreation Department submitted an application to the Design Review Board for design review
approval of a small, low growing native hedge to define the boundaries of the off-leash area
delineated by the City Commission within South Pointe Park; and
WHEREAS, the Administration proposed three alternate plans for an off-leash dog area
within South Pointe Park in its ORB application. Proposed Areas 1 and 2 are located to the east
of the Washington Avenue Plaza and south of the walkway that follows the berm. Area No. 1 is
approximately 18,000. sq. feet (.41 acres) and Area 2, which includes Area 1, is approximately
34,000.00 sq. feet (. 78 acres). Area 3 is the area surrounding the lighthouse sculpture at the
south and west end of the Park and is approximately 18,000 feet (.41 acres); and
WHEREAS, on March 13, 2012, the Design Review Board entered an Order granting
the Administration's application, but denying the request of the City Administration for a
proposed hedge for the off-leash dog area within South Pointe Park and further stating that no
off-leash dog area shall be located in Area 3; and
WHEREAS, on March 21, 2012, the City Commission directed the City Manager to
appeal the ORB order; and
WHEREAS, pursuant to Miami Beach City Code Section 118-262, the City Manager on
behalf of the City Administration timely requested a review of the Design Review Board decision
rendered on March 13, 2012 in ORB File No. 22894; and
WHEREAS, pursuant to Section 118-262(a), the review by the City Commission is not a
"de novo" hearing; it must be based on the record of the hearing before the Design Review
Board; and no new, additional testimony shall be taken; and
388
WHEREAS, Section 118-262(b) provides that: in order to reverse, or remand for
amendment, modification or rehearing any decision of the Design Review Board, the City shall
find that the Design Review Board did not do one of the following; 1) provide procedural due
process; 2) observe essential requirements of the law, or 3) base it decision upon substantial,
competent evidence; and
WHEREAS, in order to reverse or remand a decision of the Design Review Board, a
5/th vote of the City Commission is required; and
WHEREAS, Section 118-262(a) requires an appellant to file with the City Clerk a written
transcript of the hearing before the Design Review Board and a written statement or brief two
weeks before the scheduled public hearing on the appeal; and the transcript and the City
Manager's written statement were timely filed with the City Clerk and transmitted to the Mayor
and City Commission by the City Clerk; and
WHEREAS, on April 11, 2012, the City Commission set the hearing for this appeal to be
held on May 9, 2012, and the City Clerk noticed such hearing; and
WHEREAS, on May 9, 2012, the City Commission opened the hearing, considered
preliminary arguments by the parties, and continued the hearing on the appeal to June 6, 2012;
and
WHEREAS, on June 6, 2012, at the continued hearing on the appeal, the City
Commission heard the parties, and pursuant to the arguments made, the record of the hearing
before the Design Review Board, the written statements submitted, and having been duly
advised in the premises, determined that the March 13, 2012 decision of the Design Review
Board did not concern a denial of due process, [but did I and did not] result in a departure from
the essential requirements of law, [and/or] a decision that was not based upon substantial
competent evidence; and
WHEREAS, on June 6, 2012, a motion was made by the City Commission to [grant or
deny] the appeal of City Manager Jorge M. Gonzalez, on behalf of the City Administration,
relative to the Design Review Board Order rendered March 13, 2012 pertaining to DRB File No.
22894, 1 Washington Avenue -South Pointe Park; and
WHEREAS, the motion to [affirm I reverse] the decision of the Design Review Board
was made and seconded, and approved by a vote of ___ _
NOW, THEREFORE, BE IT DULY RESOLVED AND ORDERED BY the Mayor and City
Commission of the City of Miami Beach as follows:
389
ORDER
The Order of the Design Review Board dated March 13, 2012 regarding File No.
22894 pertaining to the property located at 1 Washington Avenue -South Pointe
Park is hereby:
[Affirmed;
Reversed;
And/or Modified as follows:
PASSED and ADOPTED this----day of June, 2012.
ATTEST:
RAFAEL E. GRANADO
CITY CLERK
MATTI HERRERA BOWER
MAYOR
T:\AGENDA\2012\5-9-12\South Pointe Park ORB File No. 22894 Appeal-Reso. 5-9-12.doc
390
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Gary Held, First Assistant City Attorney
CC: Jose Smith, City Attorney
Jorge M. Gonzalez, City Manager
DATE: May 9, 2012
SUBJECT: ORB File No. 22894, Appeal, 1 Washington Avenue, South Pointe Park
This appeal filed by the City Manager, as directed by the City Commission on March 21,
2012, challenges the Design Review Board's ("ORB") decision rendered March 13,2012 that (1) no
off-leash dog area be located in South Pointe Park in Area 3 -the location of the Lighthouse Art in
Public Places sculpture; and (2) that no hedge be used to delineate any off-leash dog area
designated in the Park. The ORB's decision should be affirmed.
THE ORB ORDER
The ORB Order granted the City's application for an off-leash dog area in the Park, subject
to the following condition:
B. The Design Review Board does not support any off-leash dog area within
the boundaries of South Pointe Park. However, if the Commission determines
that it is appropriate and necessary to create an off-leash area in South Pointe
Park, the Board determines the following:
1. There shall be no hedge to define the area.
2. It shall not be located in area #3, surrounding the art in public
places "lighthouse" project.
ARGUMENT
1. The ORB is expressly delegated authority to impose conditions based upon the
Design Review Criteria, and thus the condition excluding Area #3 is consistent with
the essential requirements of law.
The appeal asserts that the ORB exceeded its jurisdiction by excluding area #3 from
consideration for the off-leash dog area.
The ORB has the authority to rearrange or direct the location of uses in a structure or on a
391
Memorandum to Mayor Bower and Members of the City Commission
Re: ORB File No. 22894, Appeal, 1 Washington Avenue, South Pointe Park.
Date: May 9, 2012
Page 2 of 5
property in an application before it. Such a decision is inherent in design review.
Design review encompasses the examination of architectural drawings for
consistency with the criteria stated below, with regard to the aesthetics,
appearances, safety, and function of any new or existing structure and physical
attributes of the project in relation to the site, adjacent structures and surrounding
community.
Section 118-251, City Code.
The ORB is expressly authorized pursuant to Section 118-254( c) of the City Code, to impose
the challenged condition:
The board may require such changes in the plans and specifications, and
conditions, as in its judgment may be requisite and appropriate to the
maintenance of a high standard of architecture, as established by the
standards contained in these land development regulations and as specified in
the city's comprehensive plan and other specific plans adopted by the city of
pertaining to the areas identified in subsection 118-252(a).
Section 118-254(c), City Code (bold added).
The Design Review Criteria specifically refers to the design and layout of a site plan of the
property in an application before it.
(7) The design and layout of the proposed site plan, as well as all new and existing
buildings shall be reviewed so as to provide an efficient arrangement of land uses.
Particular attention shall be given to safety, crime prevention and fire protection,
relationship to the surrounding neighborhood, impact on contiguous and adjacent
buildings and lands, pedestrian sight lines and view corridors.
Section 118-251, City Code.
Through its approval of the application, the ORB acknowledged that the City Commission
had authority to allow an off-leash dog area in the Park. This challenged condition, however, is
within the scope of the jurisdiction of the Board, based upon Sections 118-254(c) and Design
Review Criterion (7). This was acknowledged by the Planning Director in Staff's written
recommendation, and the testimony of Planning Staff at the hearing before it.
The law is well settled that "[a]dministrative agencies have the authority to interpret the laws
which they administer .... " Abramson v. Fla. Psychological Ass'n, 634 So.2d 610, 612 (Fla. 1994).
392
Memorandum to Mayor Bower and Members of the City Commission
Re: ORB File No. 22894, Appeal, 1 Washington Avenue, South Pointe Park.
Date: May 9, 2012
Page 3 of 5
Moreover, like other agencies, a municipal agency's "interpretation of the guidelines that it is
charged with administrating is entitled to judicial deference, and should not be overturned as long as
the interpretation is in the range of permissible interpretations." See At/. Shores Resort v. 507 S. St.
Corp., 937 So.2d 1239, 1245 (Fla. 3d DCA 2006) (holding that the Historic Architectural Review
Commission's determination that a building did not violate its guidelines was within the range of
permissible interpretations and, thus, should not be overturned by the court).
The DRS Staff Report for March 6, 2012, (Exhibit "C" to the Appeal) included a strong
recommendation against using Area #3 as an off-leash dog area:
/d. at 5.
Staff does, however, strongly recommend against Area #3 surrounding the Art in
Public Places (AiPP) sculpture known as the "Obstinate Lighthouse" for the
proposed off-leash dog area, for the following reasons: 1) it would be inconsistent
with the South Pointe Park master planned location for the AiPP sculpture previously
approved by the Design Review Board; 2) any form of perimeter landscaping
material or additional park signage in this location would distract from and have a
significant adverse impact upon the design integrity of the lighthouse sculpture as
well as its open lawn setting, and: 3) this location could limit the close enjoyment of
the AiPP lighthouse sculpture to only people, including young children, who are
comfortable being around dogs that are off-leash.
At the hearing, Planning Department Assistant Director William Cary testified:
Staff obviously believes that's the worst possible option, because you really-
even though the dog park is only going to be, you know, during certain hours of the
day, the off-leash dog area, we just don't feel it would be at all appropriate to, you
know, place a dog park, off-leash dog park necessarily around a public art piece, ....
Transcript of DRS hearing, March 6, 2012, at 6.
Further, the staff report included as Recommended Condition No. 1.a.:
a. Area #3, the area surrounding the Art in Public Places sculpture, shall not be
permitted.
By including this recommended condition in its staff report, the Planning Director had determined
that it was within the jurisdiction of the DRS to impose the condition.
As the Board exercised its authority under the City Code to impose the condition, it applied
the correct law, and was therefore in compliance with the essential requirements of law. Dusseau v.
393
Memorandum to Mayor Bower and Members of the City Commission
Re: DRB File No. 22894, Appeal, 1 Washington Avenue, South Pointe Park.
Date: May 9, 2012
Page 4 of 5
Metropolitan Dade County, 794 So.2d 1270, 1274 (Fla. 2001).
2. Florida law on competent substantial evidence requires the City Commission to recognize
the record below contains sufficient evidence to support the ORB's decision.
The appeal asserts that the DRS's decision to deny the use of a hedge was not supported by
substantial competent evidence.
The Commission should find, in accord with well settled Florida law, that the DRS's decision
was based on substantial competent evidence in the form of staff testimony at the hearing,
accompanied by other materials in the record. City of Hialeah Gardens v. Miami-Dade Charter
Foundation, Inc., 857 So.2d 202, 204-05 (Fla. 3d DCA 2003) ("the Chief of Police, the Director of
Public Works, and the Chief Zoning Official, gave specific fact-based reasons for their
recommendations that the application be rejected."); Metropolitan Dade County v. Sportacres
Development Group, 698 So.2d 281, 282 (Fla. 3d DCA 1997) ("maps, reports and other information
which, in conjunction with the testimony of the neighbors, if believed by the Commission, constituted
competent substantial evidence."); Dade County v. United Resources, Inc., 374 So.2d 1046, 1050
(Fla. 3d DCA 1979) ("recommendations of professional staff'); Norwood-Nor/and Homeowner's
Ass'n v. Dade County, 511 So.2d 1009, 1013 (Fla. 3d DCA 1987) ("Dade County Development
Impact Committee report"); Metropolitan Dade Countyv. Fuller, 515 So.2d 1312, 1314 (Fla. 3d DCA
1987) ("staff recommendations").
In this case on appeal before the City Commission, after an eloquent explanation of the
history of the design of the very unique South Pointe Park, Transcript of hearing at 3-5, William Cary
states:
[O]bviously staff's preference would be to have no hedge, whatever, because we
don't want to create another design element in the park, which was literally intended
to be, you know, very simple and smooth and straightforward, so all the things that
happen around the park are what really make the park, you know, such an executory
experience, and so we're not recommending, we're not saying, yes, go, ahead and
approve a hedge.
What we're saying is that if the Parks Department finds that in order to delineate the
394
Memorandum to Mayor Bower and Members of the City Commission
Re: ORB File No. 22894, Appeal, 1 Washington Avenue, South Pointe Park.
Date: May 9, 2012
Page 5 of 5
area for the off-leash dog area, if it's necessary to do that so that owners of dogs
know the area that they're limited to, that's something that they can do in the future, if
they wish to do it.
Transcript of hearing, at 7-8.
Thus, there is substantial competent evidence in the record to support the Board's decision
that there should be no hedge to delineate the off-leash dog area in South Pointe Park, if any.
CONCLUSION
Based upon the foregoing, the City Commission should affirm the decision of the Design
Review Board, and deny the appeal.
F:\ATIO\HELG\LITIGATION\South Pt Park dog area\Commission memo 4-30-12.doc
395
THIS PAGE INTENTIONALLY LEFT BLANK
396
Condensed Title:
A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, 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 SummC!!Y/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 (Properties).
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 Mol bar 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.
Following submittal of the application for a Revocable Permit to the Public Works Department, on May
9, 2012, the City Commission approved Resolution No. 2012-27900 setting a public hearing for the
June 6, 2012 Commission Meeting to consider the proposed Revocable Permit, as required pursuant
to City Code Section 82-93.
The Administration recommends not taking action and referring the matter to the land Use
Committee and the Finance and Citywide Projects Committee for discussion.
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
Si n-Offs:
Department Director
FHB
T:\AGENDA\2012\6-6-12\1220 Ocean Drive-SUMMARY.docx
MIAMI BEACH 397
Account Approved
AGENDA ITEM _,!,~_1_8.;;___
DATE frb-1 '2.-
ttl MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139; www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM:
DATE:
SUBJECT:
Jorge M. Gonzalez, City Manager \\!>"'"'Z5
June 6, 2012 0 PUBLIC HEARING
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, 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
The Administration recommends not taking action and referring the matter to the Land Use
Committee and the Finance and Citywide Projects Committee for discussion. Policy direction
should be provided on the precedent created by this and other similar requests to use the air-
rights over public property. If granted, the mechanism of approval should be discussed as a
revocable permit may not be the best instrument for these types of requests. Finally, the
Commission should determine what compensation, if any, the City should receive in
consideration for this type of easement.
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.
398
City Commission Memorandum-1220 Ocean Drive Revocable Permit
June 6, 2012
Page 2 of4
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 fagade and lobby of
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.
Following submittal of the application for a Revocable Permit to the Public Works Department,
on May 9, 2012, the City Commission approved Resolution No. 2012-27900 setting a public
hearing for the June 6, 2012 Commission Meeting to consider the proposed Revocable Permit,
as required pursuant to City Code Section 82-93.
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 service 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.
399
City Commission Memorandum-1220 Ocean Drive Revocable Permit
June 6, 2012
Page 3 of4
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 an 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
400
City Commission Memorandum-1220 Ocean Drive Revocable Permit
June 6, 2012
Page 4of4
and purpose of the City Code, and will not be injurious to the area involved or otherwise
detrimental to the public welfare. The permit will provide the applicant with a reasonable use of
the property.
CONCLUSION
The Administration recommends not taking action and referring the matter to the Land Use Committee
and the Finance and Citywide Projects Committee for discussion.
Attachments:
A-Rendering of proposed bridge
B -Sketch and Legal description of the encroachment
JMG/JGG/FHB/JJF/RWS/DW
T:\AGENDA\2012\6-6-12\1220 Ocean Drive-MEMO.docx
401
Attachment-A
Attachment A
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
TIDES BRIDGE CONNECTION
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 1 7, 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 LYING BETWEEN THE HORIZONTAL PLANE OF ELEVATION OF 22. 75 FEET AND
ELEVATION 33.25 FEET NATIONAL GEODETIC VERTICAL DATUM 1929. SAID AREA 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 DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF
THE ATTESTING PROFESSIONAL LAND SURVEYOR.
THIS 15 NOT A " BOUNDARY 5URV£Y"
C£RnFJCATE OF AlffHORIZATION No. LB-87
MARK STEVEN JOHNSON, S£C'Y. & TREAS.
FLORIDA PROFESSIONAL LAND SURVf.YOR No. 4775
403
Attachment B
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
TIDES BRIDGE CONNECTION
I
LOT 12
LEGEND:
TIDES BRIDGE CONNECTION
FROM £LEV. 22.75' TO
£LEv. 33.25' N.G. V.D. 1929
{181.6 sq.ft)
LOT 5 C'.J'
- -f: -· DENOTES CENTER LINE
--R/1+'--DENOTES RIGHT OF WAY LINE
P.B.
PG.
P.O. C.
P.O. B.
DENOTES PLAT BOOK
DENOTES PAGE
DENOTES POINT OF COMMENCEMEN
DENOTES POINT OF BEGINNING
12th STREET
-vf--
SCALE 1 "=20' SHEET 1 OF" 2 SHEETS
Sahw-Ebk.e-c::::::S) i~kin. 5 d~~oaia.f.e~.? _t7'"n.a. REVISIONS
lAND SURVEYORS-ENGINEERS-LAND PLANNERS 3240 CORPORATE WAY-MIRAMAR, FL 33025
PHONE No.(954)435-7010 AX No. (954)438-3288
ORDER NQ 199849
DATE: APRIL 27, 2012
THIS IS NOT A N BOUNDARY SURVEY"
CERTIFICATE OF AUTHORIZATION No. LB-87
MARK STEVEN JOHNSON, SEC'¥. & TREAS.
FLORIDA PROFESSIONAL LAND SURVEYOR No. 4 775
404
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
TIDES BRIDGE CONNECTION
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 1 7, 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 1 7 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 LYING BETWEEN THE HORIZONTAL PLANE OF ELEVATION OF 22. 75 FEET AND
ELEVATION 33.25 FEET NATIONAL GEODETIC VERTICAL DATUM 1929. SAID AREA 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 DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF
THE ATTESTING PROFESSIONAL LAND SURVEYOR.
SHEET 2 OF 2 SHEETS
daharEbke-ShL:i.kln a c:7f:i.:i.OaLafe:i..? __tl'na. REVISIONS
LAND SURVEYORS-ENGINEERS-LAND PLAN.~NERS -3240 CORPORATE WAY-MIRAMAR, FL 33025
PHONE No.(954)435-7010 FAX No. (954)4 3288 ~
ORDER NO. 199849 PREPARED R MY~ER~ :
DATE: APRIL 27, 2012 .~
THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON, SEC'Y. & TREAS.
CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVeYOR No. 4775
405
THE MIAMI HERALD I MiamiHerald.com -·-THURSDAY, MAY 17, 2012 I 9NE
·--··--·--------·----·--·---··---·-········------·····-·-··· ---··----------·······------------·--.---·····················-······-
'WI' MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF-PUBLIC HEARING
NOTICE IS HEREBY Given That>t A Public Hearing Will Be Held By The City Commission Of The City Of Miami Beach, In The
Commission .Chambers,. 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, On Wednesday, June 6, 2012
! At 10:20 A.M., 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.
Inquiries may be:directed to the Public Works Department at (305} 673-7080.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing
addressed to the City 'Commission, c/o the City Clerk, 1700 Convention Center Drive, ·1st Floor, City Hall, Miami 'Beach, Florida
1 33139: Copies of this item are available for public .inspection during normal business hours in the City Clerk's Office, 1700 Convention
Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances
additional legal notice would not be provided. •
Rafael E. Granado, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to app€lal any "decision m~de by
the City Commiss;on with respecT to any matter considered at its meeting or its hearing, suc;h person must ensure that a verbatim
record of the proceedings is made, which record includes the testimony ahd evidence upon which the appeal is to be based. This
notice does not constitute consent by the City_ for the introduction or admission of otherwise inadmissible or irrelevant evidence,
nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or
any accommodation to reviei!V any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice),
(305}673-7218(TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). Ad 4:t :::7-0
2
406
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
Key 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 (DRB) 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 DRB 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.
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.
Board Recommendation:
Financial Information:
Source of Amount
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary:
Ci Clerk's Office le islative Tracking:
n-Offs:
MIAMI BEACH
Account
407
Approved
AGENDA ITEM --:-R_'J_C.. __
DATE (,-(,-(2-
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM:
DATE:
Jorge M. Gonzalez, City Manager ~
June 6, 2012 Q U PUBLIC HEARING
SUBJECT: 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).
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
fac;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 fac;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
Code Section 82-93.
408
City Commission Memorandum -1916 Bay Road Revocable Permit
June 6, 2012
Page 2 of3
At the May 9, 2012 Commission meeting, subject public hearing was opened and continued to the
June 8, 2012 Commission meeting.
ANALYSIS
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 fagade.
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.
409
City Commission Memorandum-1916 Bay Road Revocable Permit
June 6, 2012
Page 3 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 ORB. The ORB 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"
B -Sketch and Legal description of the Property
JMG/JGG/FHB~/DW
T:\AGENDA\2012\6-6-12\1916 Bay Road-Revocable Permit-Memo FINAL.doc
410
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 (ORB), at its regular
meeting on August 2, 2011 (pursuant to ORB Order No. 22860), included approval of a decorative
metal"eyebrow" along the entirety of the building fac;:ade; 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.
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 91h day of May, 2012.
ATTEST:
Rafael Granado, City Clerk
T:\AGENDA\2012\5-9-12\1916 Bay Road-Reso.doc
411
Matti Herrera Bower, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOfi EXECUTION
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414
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving Amendment No. 2 to that certain Retail Lease Agreement by and between the City of Miami Beach, the
Miami Beach Redevelopment Agency and Penn 17, LLC., (Tenant) dated September 16, 2011, involving the lease of
approximately 7,655 square feet of ground floor retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue,
Miami Beach, Florida (the Lease); said Amendment No.2: 1) abating one (1) month's rent and deferring an additional two (2)
months' rent to be repaid by the Tenant in thirty six (36) equal monthly installments from year three to five of the Lease, together
with regular payments of rent, taxes and Common Area Maintenance (CAM) costs, commencing in the first day of the third Lease
Year ofthe Lease Term; 2) increasing the size ofthe Tenant's Additional Area (Storage Space), as defined in section 3.11 of the
Lease, to include an additional284 square feet, currently designated for storage ofthe building's flood panels; 3) increasing the
charge for Common Area Maintenance (CAM) from $98,850 per year to $1 01 ,690 to reflect the increase in size of the Additional
Area; and 4) constructing, at the Tenant's sole cost and expense, a new replacement enclosure for the storage of flood panels,
subject and pursuant to the satisfaction and approval of the RDA.
Key Intended Outcome Supported:
Increase resident satisfaction with the level of services and facilities.
Supporting Data (Surveys, Environmental Scan, etc.):
Approximately 40% of retail businesses surveyed, rank Miami Beach as one of the best places to do business and 61% of
the same group would recommend Miami Beach as a place to do business.
Issue:
I Shall the City Commission approve Amendment No. 2 to the Lease Agreement?
Item Summary/Recommendation:
The lessee has been diligently engaged in the process of developing their leased space. While the lessee was afforded time prior
to when rent payments would begin, the lessee encountered unanticipated delays and requested the City consideration of an
additional rent abatement. Additionally, the Lessee requested a modification of the their Additional (Storage) Area, to incorporate
an additional 284 square feet of space, currently used for storage of the garage facility's flood panels. Such modification will
result in a corresponding increase in Common Area Maintenance (CAM) costs of $2,840 annually for the Lessee, and in turn this
will require construction of a new storage enclosure in the garage to store the panels at the Lessee's sole cost and expense. The
request was taken to the Finance and Citywide Projects Committee at its meeting on May 19, 2012, at which time the above was
discussed and the request considered.
The Administration recommends entering into Amendment No. 2 to the Lease Agreement, providing for:
1. An abatement of one (1) month's rent and deferral of an additional two (2) months' rent to be paid by the Tenant in
lump sum or in thirty six (36) equal monthly installments, together with regular payments of rent, taxes and Common
Area Maintenance (CAM) costs, commencing on the first day of the third lease year of the lease term and ending on the
last day of the fifth lease year, to address the unanticipated delays encountered by the lessee;
2. An increase in size of the Tenant's Additional Area (Storage Space), as defined in section 3.11 of the Lease, to include
an additional 284 square feet, currently designated for storage of the building's flood panels, to provide additional
storage space for the lessee;
3. An increase in the charge for Common Area Maintenance (CAM) from $98,850 per year to $101 ,690 to reflect the
increase in size of the Additional Area; and 4) construction of a new replacement enclosure for the storage of flood
panels, at the Tenant's sole cost and expense and subject to the satisfaction and approval of the RDA, to secure the
appropriate rent for the increased s_l)_ace.
19, 2012-Recommended a roval
Financial Information:
Source of Funds: n/a I 1 Amount 1 Account
I 1 I n/a I
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Department Director
AP _____ _
T:\AGENDA\2012\June 6, 2012\Consent\Penn 17 LLC Agreement Amendment Summ.doc
G) MIAMIBEACH AGENDA ITEM _A_1_D_
415 DATE b-(,-I '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 \ V ({
June 6, 2012 U
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO.2 TO THAT CERTAIN RETAIL
LEASE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH, THE
MIAMI BEACH REDEVELOPMENT AGENCY AND PENN 17, LLC. (LESSEE},
DATED SEPTEMBER 16, 2011, INVOLVING THE LEASE OF APPROXIMATELY
7,655 SQUARE FEET OF GROUND FLOOR RETAIL SPACE AT THE
PENNSYLVANIA AVENUE GARAGE, 1661 PENNSYLVANIA AVENUE, MIAMI
BEACH, FLORIDA; SAID AMENDMENT PROVIDING FOR THE FOLLOWING: 1)
AN ABATEMENT OF ONE (1) MONTH'S RENT AND DEFERRING AN
ADDITIONAL TWO (2) MONTHS' RENT TO BE PAID BY THE LESSEE IN
LUMP SUM OR IN THIRTY SIX (36) EQUAL MONTHLY INSTALLMENTS,
COMMENCING IN THE THIRD YEAR OF THE LEASE TERM, AND ENDING ON
THE LAST DAY OF THE FIFTH YEAR OF THE LEASE TERM; 2) INCREASING
THE SIZE OF THE TENANT'S ADDITIONAL AREA (STORAGE SPACE), AS
DEFINED IN SECTION 3.11 OF THE LEASE, TO INCLUDE AN ADDITIONAL
284 SQUARE FEET (FORMERLY DESIGNATED FOR STORAGE OF THE
BUILDING'S FLOOD PANELS); 3) INCREASING THE CHARGE FOR COMMON
AREA MAINTENANCE (CAM) FROM $98,850 PER YEAR, TO $101,690, TO
REFLECT THE INCREASE IN THE SIZE OF THE STORAGE SPACE; AND 4)
PROVIDING FOR THE CONSTRUCTION OF A NEW REPLACMENT
ENCLOSURE, AT THE TENANT'S SOLE COST AND EXPENSE, FOR THE
STORAGE OF FLOOD PANELS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On April13, 2011, the Mayor and City Commission passed Resolution No. 2011-27647, approving a
Lease Agreement (the Lease), having a term of nine (9) years and 364 days, between the City, the
RDA and Penn 17, LLC (Tenant), for use of approximately 7,807 square feet of ground level retail
space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida, for a
restaurant (primary use), with ancillary uses for a bakery, a bar/cafe, and a book and gift shop. The
space was initially built to be able to be subdivided to accommodate up to seven tenants. However,
since the opening of the facility in October, 201 0, the City's Broker, Koniver Stern, received very little
interest from retail tenants. Instead, most inquires came from three food arid beverage businesses,
one of which culminated in an initial offer for the space. However, the offer was almost as soon
withdrawn once the prospective tenant realized the extensive challenges and costs associated with
416
Commission Memorandum
Penn 17, LLC-Retail Lease Amendment No.2
June 6, 2012
Page 2 of5
re-engineering the space for use as a restaurant, as well as the architectural impediments to venting
the kitchen exhaust.
In February, 2011, the City's Broker was able to secure the interest of the current approved Tenant,
whose background in the restaurant industry is well suited to taking on the cost of building out the
space, which at the very least would have to include the installation of a grease trap, additional sub-
grade plumbing and, as noted above, venting of the kitchen exhaust, none of which were provided
for in the design of the space.
For this reason, the Resolution approving the Lease with Penn 17, LLC also approved the execution
of a Pre-Lease Due Diligence Review Agreement, granting the Tenant a maximum of six (6) months
following approval of the Lease, in which to reserve its leasing rights while advancing design and
plan development, and consulting with the City's Planning and Building Departments in order to
ascertain the feasibility of obtaining a full building permit prior to actual commencement of the
Lease. The Pre-Lease Agreement expired on October 13, 2011. It contained two milestones:
requiring the Tenant to have a) entered into a contract with a licensed architect/engineer; and, b) to
have submitted a complete application for a building permit, evidenced by the issuance of a building
permit process number by August 13, 2011. However, due to the aggressiveness of the schedule
involved, as well as the complexity associated with addressing some of the design issues, including,
but not limited to, the installation of grease traps, additional sub-grade plumbing and kitchen exhaust
venting, the Tenant was unable to meet this deadline. Consequently, the Tenant was faced with two
options, automatic termination of the Lease and forfeiture of its $25,000 Pre-Lease deposit to the
City, or electing to execute the Lease and crediting the $25,000 towards its security deposit, albeit
without the benefit of a building permit in place. On August 29, 2011, in accordance with the
provisions of the Pre-Lease Agreement, the Tenant elected to proceed with the execution of the
Lease, committing to an October 13, 2011 Commencement Date as well as establishing a
$1,000,000 escrow construction fund. Shortly after the execution of the Lease, the Tenant formally
engaged Design 3 Architects (Architect) to further develop and finalize the plans for permitting.
The execution of the Lease also provided the Tenant with legal control of the site and the ability to
formally commence the permitting process. However, since plan development was still in process,
the Building Department allowed the Tenant to start off by submitting partial plans for review and
approval. In order to expedite work at the Premises and in consideration of the extensive and
delicate scope involved in the demolition and sub-grade work that needs to precede the interior
build-out, the Tenant's Contractor, Halloran Construction, applied for a separate permit for partial
interior demolition of the space, which was approved by the Building Department on January 19,
2012. Demolition of the slab began the week of January 23, 2012, in preparation for the installation
of additional plumbing fixtures, grease trap structures and other utilities necessary for restaurant's
operation. The Master Permit for the interior build-out of the space was finally issued on March 23,
2012, based on which the Contractor estimates substantial completion by late August, 2012.
On February 8, 2012, unrelated to the plan development and permitting process, the City and the
RDA approved Amendment No. 1 to the Lease Agreement, adjusting the square footage of the
Premises from 7,807 square feet to 7,655 square feet, in response to a formal survey of the space
that was conducted as part of City's condominiumization process to preserve the tax exempt status
of the municipal parking garage portion of the building. The Amendment further reduced the
Tenant's annual base rent from $585,525 to $57 4, 125, as well as the Common Area Maintenance
(CAM) costs from $100,370 per year to $98,850 per year. The monthly rent is currently $47,844
plus CAM in the amount of $8,237.
2
417
Commission Memorandum
Penn 17, LLC-Retail Lease Amendment No.2
June 6, 2012
Page 3 of5
ANALYSIS
1) Proposed One-Month Rent Abatement and Deferral of Two Months' Rent
As noted earlier, the Pre-Lease Agreement committed the Tenant to an aggressively ambitious
schedule by which to submit plans for permitting, especially given the uncertainty associated with
some of the unknown design and structural issues involved in converting a space not built for use as
a restaurant. Clearly, in electing to proceed with the Lease, the Tenant had some level of assurance
that these challenges could in fact be resolved, but couldn't be sure of the timing involved since the
Architect was only formally engaged upon execution of the Lease.
As plan development progressed, it became apparent that some of the challenges in converting the
space proved considerably more complex and time-consuming than originally anticipated,
particularly related, but not limited to, the engineering and permitting of the venting for the kitchen
exhaust; installing not one but a system of multiple grease traps; the build-out of the storage room
and particularly the design of the structural slab; restoration of the existing structural slab in the
retail space following partial demolition to install the plumbing; and addressing additional flood-
proofing criteria. The plans have also undergone extensive revisions to address comments and
concerns raised by the Building Department, as well as certain other regulatory agencies, as part of
the permitting review process.
As a result of these delays, it is anticipated that the opening date, originally planned for April, 2012,
is now pushed back to late August. However, the Lease Agreement, in acknowledgement of the
Tenant's originally anticipated schedule and level of investment, currently provides a six-month rent
credit, with rent payments that formally commenced on April 13, 2012. It bears noting that in
addition to the unanticipated delays associated with the permitting process, the Tenant has stated
that it also anticipates a corresponding increase in the cost ofthe project. Additionally, in anticipation
of the April opening date, the Tenant already proceeded to hire the restaurant's executive staff and
started its payroll on March 1st. Based on the foregoing, the Tenant is requesting an additional
three-month rent credit to offset these additional and unforeseen expenses.
In considering the Tenant's request, the Administration does not believe that difficulties associated
with the actual permitting review process should be a factor for consideration, particularly since the
City has already granted the Tenant a 12-month period in which to preempt and address these very
issues and since the issues encountered aren't necessarily uncommon for a project of this nature on
Miami Beach. However, based on the chronology of events since the approval of the Lease and
Pre-Lease by the City Commission on April14, 2011, the Tenant's claim concerning the extensive
amount of additional time involved in addressing and permitting some of the larger, unanticipated
regulatory requirements may provide justification for granting a portion of the additional rent credit.
Therefore, out of consideration of the Tenant's ongoing commitment and level of investment in the
Restaurant Space, staff supports an abatement of one-month's rent, together with a deferral of an
additional two months' rent, to be paid in lump sum or in thirty six (36) equal monthly installments
together with the Tenant's regular payments of rent, taxes and Common Area Maintenance (CAM),
commencing in the third year of the lease term and ending on the last day of the fifth year of the
lease term.
3
418
Commission Memorandum
Penn 17, LLC-Retail Lease Amendment No.2
June 6, 2012
Page 4 of 5
2) Modification of Tenant's Additional Area (Storage Space)
The Tenant's Lease currently provides for use of an area located beneath the garage ramp
comprising approximately 2,230 square feet of unfinished, and until recently, inaccessible space (as
reflected in the floor plan included as Exhibits "A" and "A-1" to this memorandum). Pursuant to the
Lease, the Tenant is in the process of building out this area to render it usable for walk-in
refrigerated food and beverage storage, dry storage, certain food preparation and for general
deliveries. The Tenant's work includes creating an access door, installing lighting, electricity,
plumbing, life-safety systems, pouring floor slab and installing refrigerators and storage enclosures.
Immediately adjacent to this area is an existing 284 square foot storage room used to store the
building's flood barrier panels. In order to properly level and tie in with the existing slab under the
panel storage room, the Tenant's work mandated the removal of the interior walls in this space,
which in effect squares off the entire space beneath the ramp as one contiguous area. While the
Tenant's plans provide for restoration of the City's storage panel room in the same location, the
Ten ant is instead proposing to retain and incorporate this space as part its storage area and to
construct, at its sole cost and expense, a new floor-to-ceiling enclosure for the City in an alternate
and unused space located on the ground floor of the garage (reflected in the attached floor plan).
The proposed modification of the storage area not only improves its overall functionality, but also
greatly compensates for the loss of headroom towards the back of the space where the slope of the
ramp meets the new slab. The proposal was welcomed by both Parking and Property Management
since the new flood panel storage would not only be significantly more accessible than its current
location, but would also preclude interfering with deliveries and restaurant staff going about its work
in the storage area. The Building Department has also conceptually approved this modification.
Pursuant the Lease, the Tenant currently pays the established Common Area (CAM) rate of $10.00
per square foot for use of the storage space. The additional 284 square feet will increase CAM by
$2,840, from $98,850 to $101,690 annually. In acknowledgment of the significant added value
created by the Tenant's build-out of this previously unusable area of the garage, staff supports and
recommends approving this minimal modification and amending the Lease accordingly.
FINANCE AND CITYWIDE PROJECTS COMMITTEE RECOMMENDATION
At the May 1 ih meeting of the Finance and Citywide Projects Committee (F&CWPC), staff
recommended approving an abatement of one (1) month's rent and a deferral of an additional two
(2) months' rent, to be paid in lump sum or in thirty six (36) equal monthly installments together with
the Tenant's regular payments of rent, taxes and Common Area Maintenance (CAM), commencing
in the third year of the lease term and ending on the last day of the fifth year of the lease term. Staff
further recommended approving the modification of the Tenant's Additional (Storage) Area, which as
noted above, will provide for an additional 284 square feet of space, a corresponding increase in
CAM of $2,840 annually and is conditioned upon construction of a new enclosure to store the
facility's flood panels.
The F&CWPC wanted to be sure that in light of the City's investment to improve Pennsylvania
Avenue, that use of the sidewalk for outdoor seating by the Tenant would include substantive
maintenance requirements. The Administration informed the Committee that the Tenant's use of the
sidewalk would be governed by a separate sidewalk cafe permit which is subject to very specific
maintenance and cleanliness-related standards and conditions set forth in the City's Sidewalk Cafe
Ordinance, which generally include, but are not limited to maintaining the area of the sidewalk, curb
and gutter, immediately adjacent to the restaurant/cafe clear of dirt and debris during hours of
operation and again at close of business each day; pressure cleaning the floor surface on which the
outdoor seating area is located at the close of each business day; and maintaining tables, chairs,
umbrellas and any other sidewalk cafe furniture in a clean, attractive and orderly appearance and in
4
419
Commission Memorandum
Penn 17, LLC-Retail Lease Amendment No.2
June 6, 2012
Page 5 of5
good repair at all times.
The F&CWPC recommended in favor of amending the Lease Agreement as proposed.
CONCLUSION AND RECOMMENDATION
Pursuant to the action of the Finance Committee, staff recommends approving a Second
Amendment No. 2 to the Lease Agreement between the Tenant and the RDA to reflect such
recommendations as follows:
1) Granting the Tenant a one (1) month rent abatement and deferring an additional two (2)
months' rent to be paid by the Tenant in lump sum or in thirty six (36) equal monthly
installments together with regular payments of rent, taxes and Common Area Maintenance
(CAM) costs, commencing in the third year of the Lease Term and ending on the last day
of the fifth year of the Lease Term;
2) Increasing the size of the Tenant's Additional Area (Storage Space), as defined in section
3.11 of the Lease, to include an additional 284 square feet, currently designated for
storage of the building's flood panels;
3) Increasing the charge for Common Area Maintenance (CAM) from $98,850 per year to
$101 ,690 to reflect the increase in size of the Additional Area; and
4) Constructing, at the Tenant's sole cost and expense, a new replacement enclosure for the
storage of flood panels, subject and pursuant to the satisfaction and approval of the RDA.
Upon acceptance of the proposed modifications, the annual rent (excluding the approved one-
month abatement and two-month deferral) will be $675,815 or $56,318 monthly,(comprising
$47,844 per month in base rent and $8,474 per month in CAM).
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RESOLUTION NO .. _____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH APPROVING AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AMENDMENT NO.2 TO THAT/CERTAIN RETAIL LEASE
AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH, THE MIAMI
BEACH REDEVELOPMENT AGENCY AND PENN 17, LLC. (LESSEE), DATED
SEPTEMBER 16, 2011, INVOLVING THE LEASE OF APPROXIMATELY 7,655
SQUARE FEET OF GROUND FLOOR RETAIL SPACE AT THE PENNSYLVANIA
AVENUE GARAGE, 1661 PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA;
SAID AMENDMENT PROVIDING FOR THE FOLLOWING: 1) AN ABATEMENT OF
ONE (1) MONTH'S RENT AND DEFERRING AN ADDITIONAL TWO (2) MONTHS'
RENT TO BE PAID BY THE LESSEE IN LUMP SUM OR IN THIRTY SIX (36)
EQUAL MONTHLY INSTALLMENTS, COMMENCING IN THE THIRD YEAR OF
THE LEASE TERM, AND ENDING ON THE LAST DAY OF THE FIFTH YEAR OF
THE LEASE TERM; 2) INCREASING THE SIZE OF THE TENANT'S ADDITIONAL
AREA (STORAGE SPACE), AS DEFINED IN SECTION 3.11 OF THE LEASE, TO
INCLUDE AN ADDITIONAL284 SQUARE FEET (FORMERLY DESIGNATED FOR
STORAGE OF THE BUILDING'S FLOOD PANELS); 3) INCREASING THE
CHARGE FOR COMMON AREA MAINTENANCE (CAM) FROM $98,850 PER
YEAR, TO $101,690, TO REFLECT THE INCREASE IN THE SIZE OF THE
STORAGE SPACE; AND 4) PROVIDING FOR THE CONSTRUCTION OF A NEW
REPLACEMENT ENCLOSURE, AT THE TENANT'S SOLE COST AND EXPENSE,
FOR THE STORAGE OF FLOOD PANELS.
WHEREAS, on April 13, 2011, the Mayor and City Commission adopted Resolution No.
2011-27647, approving a Lease Agreement (the "Lease"), between the City, the RDA and Penn 17
LLC. (Lessee), having a term of nine (9) years and 364 days, for use of approximately 7,807 square
feet of ground level retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue,
Miami Beach, Florida, for a restaurant (primary use), with ancillary uses for a bakery, a bar/cafe, and
a book and gift shop (the "Premises"); and
WHEREAS, on February 8, 2012, the Mayor and City Commission adopted Resolution No.
2012-0000, approving a First Amendment to the Lease, correcting the gross rentable retail space
from 7,807 square feet to 7,655 square feet, as well as providing for a corresponding reduction in
annual rent from $585,525 to $574,125, and the cost of Common Area Maintenance (CAM) from
$100,370 per year to $98,850 per year; and .
WHEREAS, in consideration of certain unforeseen delays and expenses encountered in the
permitting of the Tenant's improvements, the City Administration recommends that Tenant be
granted an abatement of one month's rent, together with a deferral of an additional two months'
rent, to be paid by Tenant in lump sum or in thirty six (36) equal monthly installments, together with
the Tenant's regular payments of rent, taxes and Common Area Maintenance (CAM), commencing
on the first day of the third year of the Lease Term and ending on the last day of the fifth year of the
Lease Term; and
WHEREAS, the Lease currently permits Tenant's use of an area located beneath the garage
ramp, comprising approximately 2,230 square feet of unfinished space (the "Additional Area"); and
WHEREAS, as part of the Tenant's build out of the Additional Area, the Tenant has asked to
incorporate an existing storage room, comprising 284 square feet, located adjacent to the Additional
Area, which is currently used by the City to store the Garage's flood barrier panels; and
WHEREAS, in exchange for granting Tenant the use of the storage room (as part of the
Additional Area), the Tenant has agreed to construct, at its sole cost and expense, a new
replacement enclosure for the storage of the aforestated flood panels, subject and pursuant to the
423
satisfaction ?md approval of the Landlord; and
WHEREAS, increasing the size of the Additional Area will also result in a corresponding
increase in Tenant's Common Area Maintenance Costs (CAM), from $98,850 per year, to $101,690
annually; and
WHEREAS, the City Administration hereby recommends that the Mayor and City
Commission approve and authorize the Mayor and City Clerk to execute Amendment No. 2 to the
Lease, memorializing the aforestated terms.
NOW, THEREFORE, BE ITDULYRESOLVED BYTHE MAYORANDCITYCOMMISSION
OF THE CITY OF MIAMI BEACH, that the Mayor and City Commission hereby approve and
authorize the Mayor and City Clerk to execute Amendment No. 2 to that certain Retail Lease
Agreement by and between the City of Miami Beach, the Miami Beach Redevelopment Agency and
Penn 17, LLC. (Lessee), dated September 16, 2011, involving the lease of approximately 7,655
square feet of ground floor retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania
Avenue, Miami Beach, Florida; said Amendment providing for the following: 1) an abatement of one
month's rent and deferring an additional two months' rent to be paid by the Lessee in lump sum or in
equal monthly installments commencing in the third lease year of the Lease Term and ending on the
last day of the fifth year of the Lease Term; 2) increasing the size of the Tenant's Additional Area
(Storage Space), as defined in section 3.11 of the Lease, to include an additional 284 square feet,
(formerly designated for storage of the building's flood panels); 3) increasing the charge for
Common Area Maintenance (CAM) from $98,850 per year to $1 01,690 to reflect the increase in size
of the Additional Area; and 4) providing for the construction of a new replacement enclosure, at the
Tenant's sole cost and expense, for the storage of flood panels.
PASSED AND ADOPTED THIS 6TH DAY OF JUNE, 2012.
ATTEST:
CITY CLERK
JMG:HF:KB:JC:KOB
T:\AGENDA\2012\June 6\Consent Penn 17 LLC Amendment 2 RESO.doc
424
MAYOR
APPROVED AS TO
FORM & LANGUAGE
----&'FO CUTION
5 ... ;~ .,(V
Date
R7 -Resolutions
R?E 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, State, 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 Authorizing The Administration To Negotiate A Professional
Services Agreement, In An Amount Not To Exceed $150,000, With
-=----------For Services Related To Auditing The Processes Of Certain
Regulatory Departments Or Divisions; And Should The Administration Not Be
Able To Successfully Negotiate An Agreement With ,
Authorizing The Administration To Enter Into Negotiations With
_______ ; Authorizing The Mayor And City Clerk To Execute An
Agreement With The Successful Proposer Upon Completion Of Negotiations By
The Administration.
(Police/Building/Human Resources)
(Deferred from May 9, 2012/Referred to FCWPC)
(Memorandum & Resolutions to be Submitted in Supplemental)
425
Agenda Item R1 E
Date {,-6-12-
THIS PAGE INTENTIONALLY LEFT BLANK
426
R7 -Resolutions
R?F A Resolution Pertaining To The Responses Received, Pursuant To A Request For
Expression Of Interest For The Engagement Of Qualified Recruitment Firms To Provide
Professional Services In Conjunction With The Screening And Selection Process For
The New City Manager; Authorizing The To Enter Into Negotiations With
_____ ; And Further Authorizing The Mayor And City Clerk To Execute An
Agreement Upon Completion Of Successful Negotiations.
(City Attorney's Office/Procurement)
(Memorandum & Resolution to be Submitted in Supplemental)
427
Agenda Item Rl F
Date ~,.h-I 2..
THIS PAGE INTENTIONALLY LEFT BLANK
428
COMMISSION ITEM SUMMARY
Condensed Title:
Update to the February 8, 2012 Commission Memorandum on Public Towing Permits.
A Resolution authorizing and approving a month to month extension of the towing permits with Beach
Towing Services, Inc., and TremontTowing Services, Inc., respectively; said extension commencing on July
1, 2012, and expiring on December 31,2012.
Key Intended Outcome Supported:
Increase community satisfaction with City Services.
Supporting Data (Surveys, Environmental Scan, etc.): 74% of residents and 72% of businesses
rate the availability of parking across the City as too little or much too little. Availability of parking was one of
the changes residents identified to make Miami Beach a better to live, work or play.
Issue:
I Shall the Mayor and City Commission approve a month-to-month extension of the towing permits?
Item Summary/Recommendation:
The City's Police and Parking Departments Public Towing Permits, and related issues, have been the
subject of extensive discussion; both before the City Commission and at the Committee level, (as heard on
numerous occasions before the Finance and Citywide Commission Projects Committee). Most recently, the
issue was brought before the City Commission on February 8, 2012; at that time, the City Commission
referred the towing permit and related issues to a Special Joint Finance and Citywide Projects Committee
and Neighborhoods and Community Affairs Committee meeting. However, due to scheduling conflicts, this
special meeting has not yet taken place. The Administration is bringing the issue back to the City
Commission at this time for two reasons: 1.) To provide an update as to what has transpired since the
February 8, 2012, meeting; and more importantly, 2.) To advise the Commission that, the most recent
extension of the public towing permits expires on June 30, 2012, further action is required should we wish to
continue to have the current permittees continue to provide towing services to the City's Police and Parking
Departments.
Provide direction to the Administration/Adopt the Resolution.
Special Joint Finance and Citywide Projects Committee and Neighborhoods and Community Affairs
ommittee meetin is to take lace.
Financial Information·
Source of Amount
Funds: 1
2
I I
3
4
OBPI Total
Financial Impact Summary:
Clerk's Office le islative Trackin
Saul Frances, extension 6483
Si n-Offs:
Department Director
SF __ .::...
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MIAMI BEACH 429
Account
AGENDA ITEM __.!..R.:.._1:......:G-=---
DATE f,~(, ... I z._
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager ~
June 6, 2012 {) (___/
SUBJECT: UPDATE TO THE FEBRUARY 8, 2012 COMMISSION MEMORANDUM ON
PUBLIC TOWING PERMITS
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING AND APPROVING A MONTH TO
MONTH EXTENSION OF THE TOWING PERMITS WITH BEACH TOWING
SERVICES, INC. AND TREMONT TOWING SERVICES, INC., RESPECTIVELY;
SAID EXTENSION COMMENCING ON JULY 1, 2012, AND EXPIRING ON
DECEMBER 31,2012.
ADMINISTRATION RECOMMENDATION
Provide direction to the Administration.
BACKGROUND
The City's Police and Parking Departments Public Towing Permits, and related issues, have
been the subject of extensive discussion; both before the City Commission and at the
Committee level, (as heard on numerous occasions before the Finance and Citywide
Commission Projects Committee). Most recently, the issue was brought before the City
Commission on February 8, 2012; at that time, the City Commission referred the towing
permit and related issues to a Special Joint Finance and Citywide Projects Committee and
Neighborhoods and Community Affairs Committee meeting. However, due to scheduling
conflicts, this special meeting has not yet taken place. The Administration is bringing the
issue back to the City Commission at this time for two reasons: 1.) To provide an update as
to what has transpired since the February 8, 2012, meeting; and more importantly, 2.) To
advise the Commission that, the most recent extension of the public towing permits expires
on June 30, 2012, further action is required should we wish to continue to have the current
permittees continue to provide towing services to the City's Police and Parking Departments.
PENDING ISSUES
At this time, the following represents a summary of the outstanding issues pertaining to the
City's Towing Permits (and related issues thereto):
Status of Current Police and Parking Department Towing Permits
As provided under Sections 106-211 through 106-222 of the City Code (Police Vehicle
Towing), the City has two (2) permittees, Beach Towing Services, lnc.(Beach Towing), and
Tremont Towing Services, Inc., {Tremont Towing) charged with the task of towing and/or
storing of vehicles identified by the City's Police and/or Parking Department as requiring
removal from public property. The administrative process for considering applications for
these towing permits requires applications to be submitted to, and considered by, the City
430
Towing Issues Supplemental Memorandum
June 6, 2012
Page 2 of6
Manager, subject to final approval and award by the City Commission.
The latest towing permits with Beach Towing and Tremont expired on August 31, 2011. The
Permittees have been continuing to provide services ona month to month term, with an
outside expiration date for such term on June 30, 2012. At this time, in order for Permittees
to continue to provide the foretasted services to the City, the City Commission may elect to
either:
• approve an additional month to month extension (to allow for further negotiations); or
• issue new permits, for a three (3) year maximum term allowed under Code Section
106-215); or
• authorize the City Manager to issue a call for applications to provide public towing
services, under the City Code, the City Manager receives and screens the
applications and presents them to the City Commission for approval.
The Permittees have been involved in ongoing negotiations with the City regarding two (2)
issues:
Issue No. 1 (New Permit Term):
Permittees have requested the issuance of a new permit (having the three (3) year
maximum term). If the Mayor and Commission wish to grant a new three (3) year maximum
permit term, the Administration recommends that the Permittees agree to provide Item Nos.
1 through 6 below, as a condition of the three (3) maximum permit term.
1) Enhancements
• Uniforms -Requires Permittees to provide all employees with uniforms,
which shall be approved by the City Manager or his designee.
• Employee Drug Screening -Requires Permittee to perform drug test
screening on all employees, and provide pass/fail results to the City
Manager or his designee, upon request.
• Driver's License Screening -Requires Permittee to perform driver's
license screening on all employees with driving responsibilities.
• Reducing the storage requirement within the City limits, from seven (7)
days to one (1) day.
2) Technologicallmprovements
Per the most recent discussions, were the City to issue Permittees new Permits (for
the maximum three (3) year term), the City required as a condition thereof the
following:
• By the end of the first Permit year (to be determined), Permittees shall
have procured, installed, and implemented Global Positioning System
(GPS) tracking devices on all vehicles. Any such GPS tracking devices
must be accessible to the City for monitoring purposes.
• At the end of the first Permit year, and provided that Permittee has
complied with the GPS requirement, the City Commission shall review
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Towing Issues Supplemental Memorandum
June 6, 2012
Page 3 of6
and, following such review, may elect, in its sole and reasonable
discretion, to require Permittee install the following additional
technological upgrades; one (1) each during the second and third Permit
years, respectively: a) towing software (which, at a minimum, includes
dispatch tracking software that is accessible to the City for monitoring
only purposes); and b) in-vehicle cameras (to monitor and record tows in
real time).
3) City of Miami Beach Resident Discounts for Public Tows
• In the event that the Commission renews the current permits, require
Permittees to provide a twenty percent (20%) discount to City residents
for public tows.
• Discounts may be applied two (2) times per Permit year, per resident,
per Permittee; resulting in a total up to four (4) resident discounts
annually.
• The discount benefit shall "reset" each Permit year, for as long as the
Permit is in effect.
• The 20% discount shall also apply to the City's fee.
4) Stronger Audit Rights
In order to clarify and strengthen the City's existing audit rights, as set forth in
the Administrative Rules and Regulations for Police and Parking Department
Towing Permits, Permittees shall meet with City staff including, without
limitation, the Chief Financial Officer and City auditor, to develop and
implement systems, procedures, and controls for the City's financial audits of
Permittees' operations pursuant to the Permit (i.e. for public tows only).
5) Dismissal of Existing Lawsuits
Dismissal, with prejudice of certain litigation initiated against the City by
Permittee Beach Towing Services, Inc.:
Beach Towing Services, Inc. v. The City of Miami Beach, Case No.
11-37364 CA 31, Eleventh Judicial Circuit, General Jurisdiction
Division (complaint challenging the adoption of Ordinance No. 2008-
3617 on robotic and mechanical parking);
Beach Towing Services of Miami, Inc. v. The City of Miami Beach,
Case No. 11-465 AP, Eleventh Judicial Circuit, Appellate Division
(petition for writ of certiorari challenging the Board of Adjustment's
opinion upholding the decisions of the Planning Director with respect
to a towing garage in the 1-1 district);
Beach Towing Services of Miami, Inc. v. The City of Miami Beach,
Case No. 11-466 AP, Eleventh Judicial Circuit, Appellate Division
(petition for writ of certiorari challenging the Board of Adjustment's
opinion upholding the decisions of the Planning Director with respect
to a towing garage in the 1-1 district.
The chart attached as Exhibit "1" to this Supplemental Memorandum, provides a quick
reference showing what the Permittees agreed to (and what they didn't agree to) with
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Towing Issues Supplemental Memorandum
June 6, 2012
Page 4of6
regards to the aforestated City-proposed additional benefits and concessions. More
specifically, the chart attached as Exhibit "2" to this Supplemental Memorandum, also
summarizes the Permittees' position as to certain City-proposed terms as of February 8,
2012.
Issue No.2 (Maximum Allowable Rate Increases)
Permittees have requested an increase to the Maximum Allowable Towing Rates, including
the establishment of an Index for future adjustments. The Administration is seeking direction
from the Mayor and Commission regarding this issue. To date, the analysis regarding a
possible rate increase has centered on the annual, compounding effect of the CPI on the
current rate and what the rate would be had an index been in place. In addition, a
comparison of sixteen jurisdictions, including Miami Beach was conducted and it
demonstrated that the current Class A fee of $115 is the median fee for these jurisdictions.
A study that has not been conducted (because the City does not have access to the
information) is an analysis to determine the accuracy of the claims by the industry that their
business model is no longer profitable with the current rates. Any consideration by the
Commission to increase the rates should take into consideration such analysis to ensure
that any adjustment to the towing rates are fair and commensurate with the service being
provided.
The Mayor and Commission may also consider the following alternative to the Permittees'
proposed increases to the towing rates and fees.
Towing Rate Increase and Enhancements-Alternative
The Permittees have strenuously objected to providing any enhancements and/or
technological improvements requested by the City due to the additional operational costs for
instituting and maintaining such enhancements. In lieu of a rate increase, an alternative
solution is to allow for a "surcharge fee" for a limited period until those additional expenses
incurred by the Permittees are recuperated. It is estimated that a Surcharge of $2.00 per
tow could be enacted for a predetermined period of time or until such time that those
expenses are recuperated by the Permittees and then reduced to a lower surcharge fee for
any recurring fees or costs.
INITIATIVES SINCE FEBRUARY 8, 2012, CITY COMMISSION MEETING
Negotiations with Permittees
The Administration held two meetings with the Permittees on March 6, 2012, and March 21,
2012. The purpose of the meetings was to negotiate certain outstanding items, as directed
by the City Commission: temporary vehicle storage; defamation provision; penalties/fines
schedule, and method of payment. Unfortunately, these items were not reached during
negotiations as the Permittees disagreed with the Administration's account of the FCPC
direction regarding the implementation schedule for GPS Tracking; towing software/point of
sale system; and in-vehicle cameras. Additionally, prior to any further negotiations, the
Permittees sought the City Manager's endorsement of the proposed towing rate increases.
Despite the fact that the FCPC had approved the proposed rate increases sought by the
Permittees, the Permittees issued the ultimatum that there would be no further dialogue on
any of the issues until, the City Manager endorsed the proposed rate increases. As a result,
no further negotiations have taken place. These issues will be addressed at the Special
Joint Meeting of the FCPC/NCAC.
Audit of the City's Towing Permit
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Towing Issues Supplemental Memorandum
June 6, 2012
Page 5 of6
An audit of the Police and Parking Department Towing Permits has been completed. The
City engaged the accounting firm of Marcum Accountants and Advisors, to perform an audit
of the City's towing permits. The audit was completed (see attached) and there were no
material findings. The audit included recommendations to further enhance accountability
and address customer complaints.
However, neither Permittee agreed to voluntarily submit to an audit of their private property
tows. Commissioner Libbin had presented a proposed ordinance which was discussed at
the Finance and Citywide Projects Committee meeting of January 19, 2012, allowing for City
audits of private property towing permits. During discussion, the Committee made no formal
recommendation, but seemed inclined to consider the proposed ordinance should it be
revised to limit the scope of such audits for purposes of City insuring compliance with the
private towing agreements, but that it not delve into the company's financial records
pertaining to private tows. The ordinance is still in Committee and has not been brought up
again for discussion. This draft Code amendment is currently making its way through the
FCPC as a separate item.
Temporary Vehicle Storage
This is one of the outstanding issues with the Permittees which was resolved without any
further negotiations necessary with the Permittees. The Administration and City Attorney's
Office researched this issue and determined that no amendment to the City Code is
necessary. The City may utilize the Miami Beach Convention Center loading docks as
temporary vehicle storage for towing during high impact events. This accommodation was
successful during Memorial Day Weekend (MDW) 2011, and has been initiated for MDW
2012. It is anticipated that high impact events may trigger this need twice, annually.
OTHER RELATED ISSUES
The following are other related issues to the towing industry which are at varying stages of
progress.
Private Property Audits
Beach Towing and Tremont Towing have objected to voluntarily submitting to an audit of
private property towing agreements. Commissioner Libbin has proposed an amendment to
the City Code to allow the City to audit private property towing. The proposed ordinance is
still before the FCPC, but has not been brought up again for discussion.
Proposed Terminal Island Towing Storage Facility
The FCPC referred the issue of the City's in-house towing initiative to the full City
Commission as a discussion item, and it was also discussed at the recent City Commission
Retreat. Additionally, a traffic analysis to improve circulation and access to Terminal Isle,
including the impact of a towing storage facility, was conducted.
The development and reconfiguration of Terminal Island is necessary in order to move
forward with this initiative. The options available to the City include either: (1) development
and reconfiguration of the parcel currently under the City's control; or (2) pursue either
potential land acquisition and/or swaps with adjacent property owners.
At the request of the City Commission, a traffic study of the intersection of Terminal Island
and McArthur Causeway was conducted. With the proposed relocation of the towing storage
facilities to Terminal Island, it is anticipated that during peak hours there will be two trucks
coming to Terminal Island, and two leaving to go to Miami Beach. This volume is negligible
and, when added to the intersections, it causes negligible increase in delay. However, the
intersection at Terminal Island and McArthur Causeway, which is currently failing, will need
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Towing Issues Supplemental Memorandum
June 6, 2012
Page 6 of6
to be improved to handle the additional traffic volumes.
As part of secondary findings of the traffic study, several improvement alternatives were
developed to simplify the geometry and traffic operation at the intersection of Terminal
Island and McArthur Causeway. All these alternatives developed will result in a significant
improvement in the intersection operation. However, the associated levels of service will
range between LOS C and LOS D from the current LOS F. These alternatives are being
discussed by the Land Use and Development Committee as part of overall traffic concerns
on Terminal Island, and are not related to the question of creating a towed vehicle storage
facility at this location. All of these conceptual alternatives will require additional studies to
determine feasibility and costs.
Moving the towing storage facilities to Terminal Island is feasible, but it could have some
impact on the daily operation of the City's Fleet Management and the Sanitation Department
located at Terminal Island. The biggest problem would deal with the accommodation of the
displaced parking areas that the new towed vehicle storage facility would occupy.
Partnering with the adjacent property owners would be required in order to explore
opportunities that would improve the City's operations, and to proceed with any of the
alternative improvements that physically modify the circulation on the island.
Additionally, and of equal importance, is the concern raised by the Palm, Hibiscus and Star
Island Homeowners Association. They have expressed opposition to the idea that towed
vehicle storage be relocated on Terminal Island (see Attachment A).
CONCLUSION
The City Commission has discussed the issue of the towing permits on several occasions
during the last year. Many issues of concern were identified and in order for these issues to
be discussed and analyzed in a thoughtful manner, the Commission has continued to
extend the permits on a month to month basis. However, it is important to note that the City
Commission must act and approve either a month to month extension or a new permit term,
as the current month to month extension will expire on June 30, 2012.
The following areas of concern have been touched upon during the last several Commission
and Committee meetings:
Rate increases;
Audits of both public and private operations;
Accountability initiatives by utilizing latest technology;
Establishing criteria for determining when a tow should be directed;
Impacts to the Sunset Harbor neighborhood;
Booting as an alternative to towing to diminish the impact to the surrounding
neighborhood;
Alternative venues for the storage of towed vehicles; and,
Conditional Use type limitations to mitigate impact of towing operations.
The Commission should provide policy guidance on this matter, including direction regarding
the towing permit term.
Attachments
JMG/RAA/JGG/SF
T:\AGENDA\2012\06-06-12\TowingPermitlssuesAdministrationUpdateJune62012.cme.docx
435
Plttm • Hibi-scus • S&m·
ISlANDS ASl!IOaA'I'ION, ll'IC.
May31,2011
Mayor Mattie Bower
Commissioner Michael Gongora
Commissioner Jorge Exposito
Commissioner Jerry Libbin
Commissioner Ed Tobin
Commissioner Deede Weithom
Commissioner Jonah Wolfson
RE: Possible Tow Lot on Terminal Island
Madam Mayor and Commissioners;
Attachment A
I am writing to you on behalf of the Board of Directors and residents of the Palm-Hibiscus-Star
Islands Association about the subject of a potential towing lot on Terminal Island. After seeking the
opinion of our residents, the vast majority are against the suggestion that the City of Miami Beach
establish a towing lot on Terminal Island for those vehicles towed by the City. Short notice and the
long holiday weekend will prevent many of our residents from attending the Commission Meeting on
June 1st.
The MacArthur Causeway is the major artery connecting our neighborhood to areas outside, in the
City of Miami Beach, the City of Miami and points beyond. Obviously, this will add traffic (slow
moving traffic) to the already packed MacArthur Causeway and the traffic light intersections,
including the Fountain Street/MacArthur Causeway intersection (entrance to Palm and Hibiscus
Islands), the Bridge Street/MacArthur Causeway intersection (entrance to Star Island), the Terminal
Island/MacArthur Causeway intersection and the 5th Street/ Alton Road intersection. This is in
addition to the Port of Miami Tunnel Project, the new Star Island Roadway Project, construction on
South Beach, the upcoming Palm and Hibiscus Islands GO Bond Projects, the Hl'biscus Island
Undergrounding Project and the many busy weekends in the community such as the Memorial Day
Weekend, the Fourth of July Weekend, Labor Day Weekend, Art Basel, the Boat Show, the Orange
Bowl, Super Bowls, Marathons, etc., etc., etc.
We have cooperated with all of the above activities and continue to be supporting of those and other
activities that benefit the City, the community and the local economy. This proposal goes way
beyond those activities that we can support. Our residents strongly encourage the City Commission
and City Administration to look elsewhere for a suitable site for a vehicle storage area when vehicles
in the City are towed.
Sincerely,
Hans C. Mueller
President
152 Palm. Avenue • Miami Beach, FL 33139
436
-·
EXHIBIT "1" AMENDMENT NO.2 TO THE ADMINISTRATIVE RULES AND REGULATIONS FOR THE POLICE AND PARKING TOWING PERMITS (Dated February 8, 2012) COMMISSION AGENDA RESOLUTION PERMITTEES' RESOLUTION WITH AMENDMENTS 11. EQUIPMENT 11. EQUIPMENT E. TECHNOLOGICAL IMPROVEMENTS E. TECHNOLOGICAL IMPROVEMENTS (1) Effective March 1, 2012, and by no later than the end of the first (1) Effective March 1, 2012, the City Manager or his authorized Permit year, or February 28, 2013, Permittee shall, at its sole cost and designee shall meet with Permittee to develop mutually agreed upon expense, have procured, installed, and implemented a GPS tracking data controls and minimum specifications and standards for the system on all of its vehicles, which will be accessible to the City for purpose of Permittee, procuring, installing and implementing a Global monitoring purposes onlv, in accordance with the following procedures: Positioning System (GPS tracking system), at its sole cost and (a) Within thirty (30) days from the effective date of the Permit, or by March 31, 2012, the City Manager or his authorized designee shall provide Permittee, in writing, with the City's minimum specifications and standards for the proposed GPS tracking system, which specifications and standards shall be commercially reasonable inasmuch as the City will not prepare same with the intent of steering Permittee toward a particular vendor, product and/or brand. expense, on all of its vehicles that provide towing services to the City pursuant to the Permit, by no later than the end of the first Permit year, or February 28, 2013. In the event that the City and Permittee are not able to develop mutually agreed upon data controls and minimum specifications and standards for Permittee's procurement, installation, and implementation of a GPS tracking system within one hundred twenty (120) days from the commencement of the Permit Term (or by July 1, 2012), then the City Manager shall refer this matter to the Finance and Citywide Projects Committee for discussion including, without limitation, discussion of disputed issues. The Finance and Citywide Projects Committee shall review the data controls and minimum specifications and standards that have been proposed, including any disputed items and issues, and shall make a recommendation as to same and refer the matter to the Mayor and City Commission. The Mayor and City Commission's decision on the matter shall be final and binding upon all parties. (a) Notwithstanding subsection 11.E(1) above, within thirty (30) days from the effective date of the Permit, or by March 31, 2012, the City Manager or his authorized designee shall provide Permittee, in writing, with the City's proposed data controls and minimum specifications and standards for the proposed GPS tracking system, which data controls and specifications and standards shall be commercially reasonable inasmuch as the City will not prepare same with the intent of steering Permittee toward a particular vendor, product and/or brand. r-... M .q-
(b) Within sixty (60) days from the date of the City's minimum specifications and standards for the GPS tracking system, the City and Permittees shall meet to prepare a mutually agreed upon schedule for Permittee's selection, procurement, installation, and implementation of the system on Permittee's vehicles. (c) The City shall have prior written approval, which approval shall not be unreasonably withheld, of (i) the vendor selected by Permittee, and (ii) the GPS tracking system to be purchased by Permittee from said vendor (Note: As to this latter right, the City's approval rights over the proposed system to be purchased shall be limited to confirming that the proposed GPS tracking system complies and meets with the City's specifications and standards for same). (d) Notwithstanding (a)-(c) above, Permittee shall have the approved GPS tracking system installed and operational in all vehicles, and certify to the City, in writing, of its compliance with this requirement, no later-than sixty (60) days prior to the end of the first Permit year (or by December 30, 2012). Non-compliance with this requirement shall be grounds for suspension or revocation of the Permit. (2) Effective March 1, 2012, and in addition to the requirement in subsection 11.E.(1) above, at any time following the end of the first Permit year, the City Commission may, in its sole option and discretion, review and, following such review, require Permittee to implement the following additional technological improvements; one (1) each during the second and third Permit years, respectively: (a) Towing software (which includes a dispatch tracking system); and (b) Notwithstanding subsection 11.E(1) above, within sixty (60) days from the date of Permittee's written receipt of the City's proposed data controls and minimum specifications and standards for the GPS tracking system, the City and Permittee shall meet to discuss same and, in the event that the City and Permitee are able to agree upon data controls and minimum specifications and standards for the GPS tracking system, the parties shall prepare a mutually agreed upon schedule for Permittee's selection, procurement, installation, and implementation of the system on Permittee's vehicles that provide towing services to the City pursuant to this Permit. (c) In the event that the City and Permittee are able to develop mutually agreed upon data controls and minimum specifications and standards for the GPS tracking system, the City shall have prior written approval, which approval shall not be unreasonably withheld, of (i) the vendor selected by Permittee, and (ii) the GPS tracking system to be purchased by Permittee from said vendor (Note: As to this latter right, the City's approval rights over the proposed system to be purchased shall be limited to confirming that the proposed GPS tracking system complies and meets with the City's proposed data controls and minimum specifications and standards for same). (d) Notwithstanding (a)-(c) above, Permittee shall have the approved GPS tracking system installed and operational in all vehicles that provide towing services to the City pursuant to this Permit no later than february 28, 2013, and certify to the City, in writing, of its compliance with this requirement, no later than thirty (31) days after the end of the first Permit year (or by March 31, 2013). Non-compliance with this requirement may result in suspension or revocation of the Permit. (2) Effective March 1, 2012, and in addition to the requirement in subsection 11.E.(1) above, at any time following the end of the first Permit year, the City Commission may, in its sole option and discretion, refer discussion of implementation by Permittee, at its sole cost and expense, of the following additional technological improvements to the Finance and Citywide Projects Committee: (a) Towing software (which must include a dispatch tracking system); and, co M .q-
(b) In-vehicle cameras to monitor and record tows in real time. [NOTE: MAJOR DIFFERENCE BETWEEN CITY AND PERMITTEE'S LANGUAGE IS THAT PERMITTEE INSERTS LANGUAGE THAT DISCUSSION OF ADDITIONAL TECHNOLOGICAL IMPROVEMENTS CAN BE REFERRED TO FINANCE AND, IF REFERRED, REQUIRES FINANCE TO ISSUE A RECOMMENDATION.] J. Indexing Provision: The City Manager or his authorized designee may initiate an administrative review of the Maximum Allowable Rates whenever the cumulative, change in the Consumer Price Index (CPI -All Urban consumers -US City average -All items -Base Period 1982-84 = 1 00) (CPI), between the current CPI and the date of the CPI used to establish the last rate adjustment, is greater than five percent (5%). Upon reaching this threshold and, further, following a survey conducted by the City of maximum allowable towing rates for similar services in surrounding communities, and/or an analysis to review the current cost of providing such services, the City Manager or his authorized designees shall prepare a recommendation as to whether there should be an adjustment to the Maximum Allowable Rates; which recommendation shall be subject to final approval by the Mayor and City Commission. [NOTE: CITY AND PERMITTEE'S PROVISIONS ARE SUBSTANTIVELY DIFFERENT. PERMITTEE'S LANGUAGE: • Sets a date, starting with January 1, 2015 (and every January 1st thereafter, that the CPI rises) for review. • Request for rates review can be made by either City or Permittee. • Reviewing CPI Indexes are different • Permittee includes a "formula" which should be verified by Finance. • Requires referral to Finance Committee for review and recommendation. • Permittee provides for June 1st effective date if the rates are increased. (b) In-vehicle cameras to monitor and record tows in real time. The Finance and Citywide Projects Committee shall review implementation by Permittee of the aforementioned technological improvements, and, following such review, shall make a recommendation as to same and refer the matter to the Mayor and City Commission. The Mayor and City Commission may require Permittee to implement the aforementioned technological improvements; one (1) each during the second and third Permit years, respectively. The Mayor and City Commission's decision on the matter shall be final and binding upon all parties. J. Indexing Provision: Effective January 1, 2015, and every January 1 thereafter, Permittee or the City Manager or his authorized designee may request an increase to the schedule of Maximum Allowable Rates each year that the Consumer Price Index rises. The increases shall be based on the Consumer Price Index for All items for All Urban Consumers for the Miami-Fort Lauderdale, Florida Area, Base Period 1982-84 = 1 00 (CPI). The increase shall be calculated by multiplying the current Maximum Allowable Rates by a fraction, the numerator of which shall be the CPI for the December preceding the request to increase the Maximum Allowable Rates, and the denominator of which shall be the CPI for the December preceding the last time the Maximum Allowable Rates were adjusted. Increases shall be rounded to the nearest whole dollar. If an increase is requested pursuant to this Section 22.J., the City Manager shall refer the request to the Finance and Citywide Projects Committee for discussion. The Finance and Citywide Projects Committee shall review the request and shall make a recommendation as to same and refer the request to the Mayor and City Commission. The request shall be subject to final approval by the Mayor and City Commission. The adjusted Maximum Allowable Rates shall be effective on June 1 of each year that the rates are increased. 0') M .q-
27. INSPECTIONS AND AUDITS Permittee agrees that all of its records, equipment, personnel, office and storage facilities will be subject to periodic inspection and audits by the City Manager or his authorized representative(s) and, in the case of inspection checks, without the need for prior notice to Permittee. Effective March 1, 2012, and notwithstanding the parties' acknowledgement of the City's existing rights to audit and inspect Permittee pursuant to this Section 27, the City Manager or his authorized designees (including, without limitation, the City's Chief Financial Officer and Internal Auditor) shall meet with Permittee to develop mutually agreed upon procedures, systems, and controls for the purpose of the City conducting financial audits concerning Permittee's operations pursuant to the Permit. In the event that the City and Permittee are not able to develop mutually agreed upon procedures, systems, and controls for City audits of Permittee's operations within ninety (90) days from the commencement of the Permit Term (or by June 1, 2012), then the City Manager shall refer this matter to the Finance and Citywide Projects Committee for discussion including, without limitation, discussion of disputed issues. The Finance Committee shall review the procedures that have been developed, including any disputed items and issues, and may make a recommendation as to same and, additionally, may recommend that the matter be referred for review by the full City Commission. The City Commission's decision on the matter shall be final and binding upon all parties. STATUS OF OUTSTANDING ISSUES WITH PERMITTEES 27. INSPECTIONS AND AUDITS Permittee agrees that all of its records, equipment, personnel, office and storage facilities will be subject to periodic inspection and audits by the City Manager or his authorized representative(s) and, in the case of inspection checks, without the need for prior notice to Permittee. Effective March 1, 2012, and notwithstanding the parties' acknowledgement of the City's existing rights to audit and inspect Permittee pursuant to this Section 27, the City Manager or his authorized designees (including, without limitation, the City's Chief Financial Officer and Internal Auditor) shall meet with Permittee to develop mutually agreed upon procedures, systems, and controls for the purpose of the City conducting financial audits concerning Permittee's operations pursuant to the Permit. In the event that the City and Permittee are not able to develop mutually agreed upon procedures, systems, and controls for City audits of Permittee's operations within ninety (90) days from the commencement of the Permit Term (or by June 1, 2012), then the City Manager shall refer this matter to the Finance and Citywide Projects Committee for discussion including, without limitation, discussion of disputed issues. The Finance and Citywide Projects Committee shall review the procedures that have been proposed, including any disputed items and issues, and shall make a recommendation as to same and refer the matter to the Mayor and City Commission. The Mayor and City Commission's decision on the matter shall be final and binding upon all parties. PERMITTEES AGREE OR DISAGREE 1. METHOD OF PAYMENT -THE TOWING PERMITS STIPULATE 11. PERMITTEES DISAGREE WITH CREDIT CARD ACCEPTANCE REQUIRED METHODS OF PAYMENT (CASH, CHECKS, AND CREDIT REQUIREMENT. CARDS). CURRENTLY, PERMITTEES DO NOT ACCEPT CREDIT CARDS 2. AUDITING AND INSPECTION PROVISIONS 2. PERMITTEES AGREE IN CONCEPT BUT DISAGREE WITH LANGUAGE IN THE RESOLUTION (SEE SECTION NO. 27 ABOVE) 3. DEFAMATION PROVISION (VIDEO/AUDIO DEPICTION PUBLIC\ 3. PERMITTEES DISAGREE TOWS) 0 ..q-..q-
4. CONSUMER PRICE INDEXING 4. PERMITIEES AGREE IN CONCEPT BUT DISAGREE WITH LANGUAGE IN THE RESOLUTION (SEE SECTION J ABOVE) 5. EXTEND HOURS OF STORAGE FROM 8 TO 12 HOURS AT NO I s. PERMITIEES DISAGREE CHARGE. 6. MITIGATE TOWING OPERATIONAL CONDITIONS ON THE SURROUNDING NEIGHBORHOOD. I 6. PERMITIEES DISAGREE 7. PENALTIES AND FINE SCHEDULE I 7. NO DISCUSSION 8. CUSTOMER COMPLAINTS I 8. NO DISCUSSION "'C""" ..q-..q-
EXHIBIT "2" COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving a three {3) year extension of the towing permits with Beach Towing
Services, Inc., and Tremont Towing Services, Inc., respectively, commencing on March 1, 2012,
and terminating on February 28, 2015; approving an amendment to the maximum allowable
towing rates; approving the second amendment to the Administrative Rules and Regulations
for Police and Parking Department Towing Permits; and as a further condition of approval of
this Resolution and issuance of a Permit, that Beach Towing Services, Inc., as the Petitioner of
those certain lawsuits filed against the City, dismiss such actions with prejudice.
Key Intended Outcome Sup~orted:
Increase community satisfaction with City Services.
Supporting Data (Surveys, Environmental Scan, etc.): 7 4% of residents and 72% of
businesses rate the availability of parking across the City as too little or much too little. Availability
of parking was one of the changes residents identified to make Miami Beach a better to live, work
or play.
Issue:
Shall the Mayor and City Commission approve: ( 1) a three year extension of the towing permit with
Beach Towing and Tremont Towing, respectively; {2) an amendment to the maximum allowable
towing rates; and {3) Amendment No.2 to the Administrative Rules and Regulations for Police and
Parking Department Towing Permits?
Item Summary/Recommendation:
Should the Mayor and Commission feel satisfied with the towing Permittees proposed rate
increase and acceptance of certain of amendments to the rules and regulations for the towing
permits, then approval of the attached resolution is in order.
Provide direction to the Administration.
Advisory Board Recommendation:
On January 19, 2012, the Finance and Citywide Projects Committee (FCWPC), approved the
following: { 1) three {3) year extension of the towing permits, commencing March 1, 2012 through
February 28, 2015; {2) an amendment to the maximum allowable towing rates; and (3) Amendment
to the Administrative Rules and Regulations for the Police and Parking Department Towing
Permits.
Financial Information:
Source of Amount
Funds: 1
2
I I 3
4
OBPI Total
Financial Impact Summary:
Clerk's Office Le islative Trackin
Saul Frances, extension 6483
Si n..Qffs:
Department Director
SF
C9 MIAMIBEACH 441
442
ager
Account
AGENDA ITEM R l E
DATE ~S'-12.
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachR.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM' Ci1y Manager Jorge M. Gonzalez ~¥ ~l!j
DATE: February 8, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ISSUANCE
OF TOWING PERMITS TO BEACH TOWING SERVICES, INC., AND TREMONT
TOWING SERVICES, INC.; SAID PERMIT TERMS COMMENCING ON MARCH
1, 2012, AND EXPIRING ON FEBRUARY 28, 2015; AND FURTHER, IN
CONJUNCTION THEREWITH, APPROVING AMENDMENT NO. 2 TO THE
ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE AND PARKING
TOWING PERMITS; SAID AMENDMENT PROVIDING, AMONG OTHER
THINGS, FOR AN INCREASE TO THE PERMIT FEES AND CERTAIN MAXIMUM
ALLOWABLE TOWING RATES; PROVIDING FOR CERTAIN ENHANCEMENTS,
PUBLIC BENEFITS, AND OTHER ADDITIONAL CONDITIONS AND
REQUIREMENTS, AS REQUESTED BY THE CITY AND SET FORTH IN THIS
RESOLUTION, AND ALL OF WHICH SHALL BE PROVIDED BY PERMITTEES
IN THE MANNER PRESCRIBED BY, AND WITHIN THE TIMEFRAMES
OUTLINED IN AMENDMENT NO. 2, AS A CONDITION OF THE CITY'S
APPROVAL OF THIS RESOLUTION AND AS CONSIDERATION FOR THE
CITY'S ISSUANCE OF THE PERMITS; AND ALSO, PROVIDING, AS A
FURTHER CONDITION OF APPROVAL OF THIS RESOLUTION AND
CONSIDERATION FOR ISSUANCE OF THE PERMITS, THAT BEACH TOWING
SERVICES, INC., ON BEHALF OF ITSELF AND INCLUDING ALL RELATED
PERSONS AND ENTITIES, AS THE PLAINTIFF AND PETITIONER IN THOSE
CERTAIN LAWSUITS FILED AGAINST THE CITY (AS SUCH LAWSUITS ARE
SET FORTH IN THIS RESOLUTION), DISMISS WITH PREJUDICE SUCH
ACTIONS THAT REMAIN PENDING WITH PREJUDICE, AND TO EXECUTE A
COVENANT NOT TO SUE, IN A FORM ACCEPT ABLE TO THE CITY
ATTORNEY, IN ANY ADMINISTRATIVE OR JUDICIAL ACTIONS, FOR ITSELF
AND ALL PERSONS OR ENTITIES RELATED TO IT, AND NOT TO SOLICIT OR
ENCOURAGE THE FILING BY ANY OTHER PERSON OR ENTITY, OF
ADMINISTRATIVE OR JUDICIAL ACTIONS, CLAIMS OR ISSUES THAT WERE
OR COULD HAVE BEEN RAISED IN THESE CASES.
ADMINISTRATION RECOMMENDATION
Provide direction to the Administration.
442
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February 8, 2012 Commission Memorandum
Towing Permit Extension/Amendment No. 2
Page2of9
ANALYSIS
The Finance and Citywide Projects Committee discussed the police permit issues at their December
27, 2011 and January 19, 2012 meetings. The FCWPC directed the Administration to bring back
the item to City Commission Meeting on February 8, 2012.
The Administration conducted extensive analyses as directed by the FCWPC, and met with
representatives of Tremont and Beach Towing {the Permittees} on January 6, 2012, January 10,
2012, January 13, 2012. Both Permittees conducted their own analysis as well and provided it to the
FCWPC {see Exhibit 1 -Permittees Analysis of Towing Rates}. The FCWPC discussed the
following items at length during its meetings on December 27, 2011, and January 19, 2012; received
input from the Permittees and residents. On January 19, 2012, the FCWPC approved to recommend
the issuance of new towing permits to Permittees, subject to the following amendments to the
Administrative Rules and Regulations for Police and Parking Towing Permits.
I. PUBLIC BENEFITS AND ADDITIONAL ENHANCEMENTS
A. Resident Discounts for Public Tows
• Twenty percent {20%) discount to Miami Beach residents for public tows only.
• Discount may be applied two {2} times per year, per resident, per Permittee.
This equates to four{4} benefits annually. The benefit resets each year; therefore,
the resident receives the benefit annually for as long as the Permit is in effect.
Permittee will track issuance of discounts to residents, annually.
• Residents must provide proof of residency within the City limits, and their driver's
license information must match with the vehicle registration information.
• 20% discount would also be applicable to all charges including the City's
Fee.
B. Permittees agreed to develop a formal "internal review" process to address
citizen complaints. This has not been developed as of the writing of this
memorandum. Should the Commission adopt the FCWPC recommendation,
the Administration will continue to pursue this issue with the Permittees.
II. MAXIMUM ALLOWABLE TOWING RATES
At the December 6, 2011, FCWPC Meeting, the Permittees jointly provided an analysis of the
Maximum Allowable Towing Rates. The analysis alleged that the current towing rates are
inadequate, since they have not been increased since 2004. The analysis suggested that a CPI
{Consumer Price Index) of three percent {3%} should be applied to certain towing rates. The CPI
Index analysis is addressed in Section Ill of this report.
At the direction of the FCWPC on December 2'th, 2011 the Administration updated its own research
of towing rates in comparable jurisdictions, and also received data from the Permittees regarding
towing rates from other jurisdictions. The table below has been updated as per discussions with the
Permittees; however, this analysis reflects a single tow under a specific set of assumptions. The
Permittees presented to the FCWPC a presentation based on the City's data to highlight their
position.
Maximum Allowable Towing Rates in Florida-The Average Tow Fee {ATF} is the mode value
{value that occurs most often} for Miami Beach and it includes fees assessed to the most common
type of tow {Class A Tow}. Please note that the Average Tow Fee (ATF} includes a Class "A" Tow
443
444
February 8, 2012 Commission Memorandum
Towing Permit Extension/Amendment No.2
Page3of9
Fee; Administrative Fee; Mileage one ( 1) mile; Labor; and After Hours Fee. Also, please note that
the Pennittees presented certain fees that are applicable in the jurisdictions they researched;
however, these certain fees are not applicable to the mode value tow described in the examples
below.
Total
Cities in Florida ATF* Class A
Bal Harbor $223.00 $115.00
Fort Lauderdale (4) $159.80 $100.00
Jacksonville $204.03 $106.02
Key West $226.75 $135.00
Miami-Dade $161.25 $104.00 (8)
MPA $176.00 $118.00
Orlando $144.00 $125.00
Surfside (5) $205.00 $115.00
West Palm Beach
$228.00 $130.00
Palm Beach
County $237.00 $156.00
Hillsborough
County $264.00 $115.00
Broward County $192.50 $105.00
St. Lucie County $198.00 $100.00
Indian River
County $208.50 $119.00
Monroe County $271.75 $135.00
CMB (CURRENT) $205.00 $115.00
Average $206.54 $118.31
Permittees'
proposed rates
applied to an
average tow
2012 $241.00 $140.00
2013 $259.00 $150.00
2014 $269.00 $155.00
{1) City Fee is included in the Class A fee
(2) Adm Fee is $63.16 applied after 72 hours
(3) Adm Fee is $50.00 applied after 48 hours
(4) Permit Fee is annual/per zone
(5) CMB Towing Permit Piggyback
Adm
Fee
$40.00
$30.00
$0.00
$25.00
$30.00
$30.00
$0.00
$30.00
$60.00
$0.00
$75.00
$30.00
$35.00
$34.00
$25.00
$30.00
$29.63
$35.00
$41.00
$44.00
(6) Adm Fee applied per notification after 24 hrs
Mileag_e
$3.00
$4.80
(2) $3.04
(7) $3.00
$3.00
$5.00
(3) $4.00
$5.00
$5.00
(9) $7.00
$4.00
(6) $0.00
$3.00
(6) $3.00
(7) $3.00
$5.00
$3.80
$6.00
$6.00
$7.00
(7) Adm Fee applied per notification after 24 hrs and up to $135
(8) Includes $3.00 Fuel Surcharge
(9) $50 Adm Lien Fee after 24 hours
Labor
per15 After
min Hours CitvFee
$25.00 $0.00 $40.00
$25.00 $0.00 $0.00 (1)
$22.72 $57.25 $15.00
$33.75 $30.00 $0.00
$24.25 $0.00 $0.00
$23.00 $0.00 $26.00 (1)
$15.00 $0.00 $0.00
$25.00 $30.00 $40.00 (1)
$33.00 $0.00 $0.00
$39.00 $35.00 $0.00
$20.00 $50.00 $0.00
$27.50 $0.00 $30.00
$25.00 $35.00 $0.00
$12.50 $40.00 $0.00
$33.75 $75.00 $0.00
$25.00 $30.00 $25.00 (1}_
$25.59 $23.89 $11.00
$30.00 $30.00 $30.00
$32.00 $30.00 $35.00
$33.00 $30.00 $40.00
It should be noted that at the January 19, 2012, FCWPC meeting, the Permittees presented the
following alternate proposal for increasing the maximum allowable towing rates. This proposal
reduces the initial 14 categories suggested to be increased down to 6 categories with rate
increases.
444
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February 8, 2012 Commission Memorandum
Towing Permit Extension/Amendment No. 2
Page4of9
1. Storage Outside-Exterior:
Any vehicle less than 20feet in length and 8 feet in width: ..
$25.QQ $30.00. effective as of Januarv 1. 2012
$36.00. effective as of January 1. 2014
2. Tow Rate Class "A" Tow Truck and Class "A" Car Carrier, including:
$115.QQ $140:001 effective as of Januarv 1. 2012
$150.001 effective as ofJanuarv 1. 2013
$155.00. effective as of January 1~ 2014
3. Special and additional charges Mileage charges (per mile):
Maximum per tow:
$&..QQ $6.001 effective as of January 1, 2012
$7.001 effective as of January 1~ 2014
$35.QQ $42.00. effective as of Januarv 11 2012
$49.00. effective as of January 1. 2014
4. Administrative Fee (Maximum per tow):
$3Q.QQ $35.00. effective as of January 1 I 2012
$41.00. effective as of January 1~ 2013
$44.00. effective as of January 1~ 2014
5. Dollies or Flatbed Services (per job):
$35.QQ $40.00. effective as of January 1. 2012
$47.001 effective as of January 1~ 2013
$50.00~. effective as of January 1. 2014
6. Labor to Engageffow: This is not an automatic fee and may only be imposed when access
to enter the vehicle is required to properly engage/tow vehicle.
AFTER HOURS FEE
$25.QQ $30.00. effective as of January 1 I 2012
$32.001 effective as of January 1~ 2013
$33.001 effective as of January 1 I 2014
The After Hours Fee is a fee assessed to tows that are retrieved between the hours of 8:00 P.M.
and 8:00A.M. The After Hours Fees was approved by the Transportation and Parking Committee
on January 5, 2004; it is subsequently referenced in the January 14, 2004, Commission
Memorandum; and Handout Reference Material LTC No. 006-2004, entitled, Miami-Dade County
Maximum Allowable Towing Rates issued January 13, 2004; however, the After Hours Fee
language was inadvertently excluded from the toWing permits. The After Hours Fee is now included
in the Administrative Rules and Regulations of the towing permits.
Based on the example above, the Permittees have proposed a rate increase that will raise the
average tow fee to $269.00 over a three (3) year period. This represents a 31% increase over the
current Average Tow Fee.
The Class "A" Tow Fee (the most common type of tow) is proposed by the Permittees to increase
from $115, over the three year period, to $155; or an increase of 35% over the current rate. The
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February 8, 2012 Commission Memorandum
Towing Permit Extension/Amendment No. 2
Page 5of9
Permittees have also proposed to increase the City's fee, which they collect for the municipality,
from the current $25 per tow, to $30 per tow in year one; $35 in year two; and up to a maximum of
$40 in year three. ··
It is important to note that for public tows, in addition to the tow fees incurred, a parking citation also
accompanies the tow fee. Parking citation fines for towable infractions ranges between $23.00 and
$250.00. The only notable exception is for vehicles that have an impound order for outstanding
citations, and even under those circumstances all outstanding citations must be paid in order to
retrieve the vehicle.
Ill. CONSUMER PRICE INDEX (CPI)
The Administration conducted its own indexing analysis utilizing CPI for the Miami-Fort Lauderdale area.
Upon comparing both the Permittees' and the Administration's indexing analyses, the variations ranged
between $0.11 and $2.04 among the fee categories. Please refer to the tables below.
YEAR
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
PERMITTEES' CPI Adjusted Rates from Applicable Base (2005) to FY2012 through FY2.014
Outside
Outside Storage Fee
Storage Fee Any Vehicle
Motor a <20ft L a
Scooters <8ftW
22.A.(2)(a) 22.A.(2)(b)
$10.00 $25.00
$10.47 $26.18
$10.98 $27.46
$11.44 $28.61
$11.97 $29.93
$11.93 $29.84
$12.03 $30.08
$12.48 $31.19
$12.85 $32.12
$13.24 $33.09
Outside
Storage Fee
Any Vehide
<20ft l or
>BftW
22.A.(2)(c)
$30.00
$31.41
$32.95
$34.33
$35.91
$35.80
$36.09
$37.43
$38.55
$39.71
Class "A"
Tow Class "B"
Fee Tow Fee
22.8 22.C
$115.00 $145.00
$120.41 $151.82
$126.30 $159.25
$131.61 $165.94
$137.66 $173.58
$137.25 $173.06
$138.35 $174.44
$143.47 $180.89
$147.77 $186.32
$152.20 $191.91
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Class
BaC
Towing
Class "C" Class "D" Fee Car Annual
Tow Fee Tow Fee Carrier CPI%
22.0 22.E 22.F 2.80%
$175.00 $200.00 $138.23 4.70%
$183.23 $209.40 $144.73 4.90%
$192.20 $219.66 $151.82 4.20%
$200.28 $228.89 $158.19 4.60%
$209.49 $239.42 $165.47 -0.30%
$208.86 $238.70 $164.98 0.80%
$210.53 $240.61 $166.30 3.70%
$218.32 $249.51 $172.45 3.00%*
$224.87 $256.99 $177.62 3.00%*
$231.62 $264.70 $182.95
February 8, 2012 Commission Memorandum
Towing Permit Extension/Amendment No. 2
Page6of9
CITY'S CPI Adjusted Rates from Applicable Base (2005) to FY2012 through FY2014
Outside Outside Class
Outside Storage Fee Storage Fee B&C
Storage Fee Any Vehicle Any Vehicle Class "A" Class "B" Class "C" Class "D" Towing
Motor & <20ft L & <20ft L or Tow Tow Tow Tow Fee car
scooters <Bftw >SftW Fee Fee Fee Fee Carrier
YEAR 22.A.{2}{a) 22.A.{2)_{b) 22.A.{2)(c) 22.B 22.C 22.D 22.E 22.F
2005 $10.00 $25.00 $30.00 $115.00 $145.00 $175.00 $200.00 $138.23
2006 $10.47 $26.17 $31.41 $120.39 $151.80 $183.20 $209.38 $144.71
2007 $10.99 $27.46 $32.96 $126.34 $159.30 $192.25 $219.72 $151.86
2008 $11.44 $28.61 $34.33 $131.60 $165.93 $200.26 $228.87 $158.18
2009 $11.97 $29.92 $35.90 $137.63 $173.53 $209.43 $239.35 $165.43
2010 $11.93 $29.82 $35.78 $137.17 $172.96 $208.74 $238.56 $164.88
2011 $12.02 $30.05 $36.06 $138.21 $174.27 $210.32 $240.37 $166.13
2012 $12.38 $30.95 $37.14 $142.36 $179.50 $216.63 $247.58 $171.11
2013 $12.75 $31.88 $38.25 $146.63 $184.88 $223.13 $255.01 $176.25
2014 $13.13 $32.83 $39.40 $151.03 $190.43 $229.83 $262.66 $181.54
Diff $0.11 $0.26 $0.31 $1.17 $1.48 $1.79 $2.04 $1.41
Annual
CPI%
2.77%
4.69%
4.94%
4.16%
4.58%
-o.33%
0.76%
3.00%*
3.00%*
3.00%*
The FCWPC discussed the issue of indexing towing rates and directed the Administration to insert
typical language used in other agreements which would; (1) trigger a review of all rates and fees;
and (2) potentially apply a CPI index at specified thresholds. The following language was drafted
and included in the relative section of the towing permit.
INDEXING PROVISION
The City Manager or his authorized designee may initiate an administrative
review of the Maximum Allowable Rates whenever the cumulative change in the
Consumer Price Index (CPI), between the current CPI and the date of the CPI
used to establish the last rate adjustment, is greater than five percent {5% ).
Upon reaching this threshold and, further, following a survey conducted by the
City of maximum allowable towing rates for similar services in surrounding
communities, and/or an analysis to review the current cost of providing such
services, the City Manager or his authorized designees shall prepare a report
which report shall be subject to final approval by the Mayor and City
Commission. This process will be conducted and discussed as part of the
annual budget process.
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February 8, 2012 Commission Memorandum
Towing Permit Extension/Amendment No. 2
Page 7of9
IV. AUDITING AND INSPECTION PROVISIONS
Pursuant to the direction received from the FCWPC to enhance the audit provisions in the current
Administrative Rules and Regulations {which govern public tows), to look at other existing audit
provisions, in comparable business models, such as the language in the agreements between the
City and Smith & Wollensky and the Boucher Bros, the following language is included in the
Administrative Rules and Regulations {to expand upon the existing audit provisions). The agreed
upon audit procedures will be developed jointly between the Permittees and the Administration
within 90 days of the commencement the permit {new) term or June 1, 2012. Failure to comply by
this established deadline shall trigger a referral of the unresolved issues to the FCWPC and
subsequently to the full City Commission whose decision on the matter( s) shall be final and binding
upon all parties.
INSPECTIONS AND AUDITS
Effective March 1, 2012, and notwithstanding the parties' acknowledgement of the City's
existing rights to audit and inspect Permittee pursuant to this Section 27, the City Manager
or his authorized designees {including, without limitation, the City's Chief Financial Officer
and Internal Auditor) shall meet with Permittee to develop mutually agreed upon procedures,
systems, and controls for the purpose of the City conducting financial audits concerning
Permittee's operations pursuant to the Permit.
In the event that the City and Permittee are not able to develop mutually agreed upon
procedures, systems, and controls for City audits of Permittee's operations within ninety {90)
days from the commencement of the Permit Term {or by June 1, 2012), then the City
Manager shall refer this matter to the Finance and Citywide Projects Committee for
discussion including, without limitation, discussion of disputed issues. The Finance
Committee shall review the procedures that have been developed, including any disputed
items and issues, and may make a recommendation as to same and, additionally, may
recommend that the matter be referred for review by the full City Commission. The City
Commission's decision on the matter shall be final and binding upon all parties.
V. DISMISSAL OF PENDING LAWSUITS/LEGAL ISSUES
The City has been a party to the following litigation arising out of disputes between the two towing
companies:
1. Beach Towing Services, Inc., v. The City Of Miami Beach, Case no. 11-37364 CA 31,
Eleventh Judicial Circuit, General Jurisdiction Division {complaint challenging the adoption of
Ordinance 2008-3617 on robotic and mechanical parking);
2. Beach Towing Services Of Miami, Inc., v. City Of Miami Beach, case No. 11-465 AP,
Eleventh Judicial Circuit, Appellate Division (petition for writ of certiorari challenging the Board of
Adjustment's opinion upholding the decisions of the Planning Director with respect to a towing
garage in the 1-1 district); and
3. Beach Towing Services Of Miami, Inc., v. City Of Miami Beach, Case No. 11-466 AP,
Eleventh Judicial Circuit, Appellate Division (petition for writ of certiorari challenging the Board of
Adjustment's opinion upholding the decisions of the Planning Director with respect to a towing
garage in the 1-1 district).
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February 8, 2012 Commission Memorandum
Towing Permit Extension/Amendment No. 2
Page 8of9
The Plaintiff in case number 1 has filed a notice of voluntary dismissal without prejudice. Case
numbers 2 and 3 have been partially briefed, and await replies to be filed by the Petitioners. It is
proposed that, as a condition of approval of Permit renewal, that tl"'e plaintiffs agree to dismiss, with
prejudice, their lawsuits and petitions, within fiVe (5} days of adoption of the Resolution, each party
to bear their own costs and attorneys' fees, and with the City drafting the Orders of Dismissal.
Further, since the Plaintiff has already dismissed case number 1, that it, and all related persons and
entities, agree not to pursue any action against Ordinance No. 2008-3617, and not to encourage any
other person or entity to file any administrative or judicial challenge to such Ordinance.
As a further condition of the approval of the attached Resolution, the plaintiffs and petitioners have
agreed to, and shall, within five (5} days of adoption of the attached Resolution, dismiss with
prejudice their lawsuits and petitions, each party to bear their own costs and attorneys' fees, and
with the City drafting the Orders of Dismissal.
VI. CITY'S IN-HOUSE TOWING INITIATIVE
The FCWPC referred the issue ofthe City's In-House Towing initiative to the full City Commission as
a discussion item. Please refer to the discussion item in this agenda.
VII. ACCOUNTABILITY AND ENHANCEMENTS
The following accountability and operational enhancements were agreed upon by the Permittees
and have been incorporated in the Administrative Rules and Regulations of the Towing Permits.
• Uniforms -Permittee shall be required to provide all employees with uniforms, which
shall be approved by the City Manager or his designee.
• Employee Drug Screening -Permittee shall perform drug test screening on all
employees, and provide pass/fail results to the City Manager or his designee, upon
request.
• Driver's License Screening -Permittee shall perform driver's license screening on all
employees with driving responsibilities.
• Permittee shall reduce the storage requirem~nt within the City limits from seven (7}
days to one (1} day.
• By the end of the first Permit year (i.e. April 30, 2013}, Permittees shall have
procured, installed, and implemented GPS tracking devices on all vehicles. Any such
GPS tracking devices must be accessible to the City for monitoring purposes.
• At anytime following the end of the first Permit year, and in addition to the above
requirement, the City Commission may, in its sole option and discretion review and
following such review, require Permittee implement the following additional
technological upgrades; one (1} each during the second and third Permit years,
respectively: a} towing software (which, at a minimum, includes dispatch tracking
software that is accessible to the City for monitoring only purposes}; and b} in-vehicle
cameras (to monitor and record tows in real time}.
The following initiatives were agreed upon, in concept, by the Permittees; however, they require
further discussions, and in one case, an amendment to the City Code may be required.
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February 8, 2012 Commission Memorandum
Towing Permit Extension/Amendment No. 2
Page 9of9
• Temporary [Towed] Vehicle Storage -The Administration recommends an
amendment to the City Code allowing for temporary storage of towed vehicles during
high impact events in the City. /
• Defamation Provision {video/audio depiction of public tows) -This provision is
intended to develop protections for the City from potential defamation that may arise
from towing service providers intending to either pursue on their own or engage a
third party to film depictions of public property tows.
• Penalties/Fine Schedule -The existing towing permits allow the City Manager to
suspend the permit for a period of time as a penalty. The Administration recommends
a fine schedule, as a financial disincentive, for violation(s) of the towing permit Fines
for typical violations may include, but are not limited to: employees out of uniform;
illegal storage of vehicles; overcharging/assessment of drop fees; violations of the
conditional use requirements, etc.
The following initiatives were not agreed to by the Permittees:
• Extend the number of hours of storage at no charge to the customer from eight {8)
hours to 12 hours.
• Operational Conditions that mitigate the impact of the towing operation on the
surrounding neighborhood. These conditions include on-site cameras, restricted
access to the facility through the neighborhood, landscaping, etc.
CONCLUSION
The City Commission has discussed the issue of the towing permits on several occasions during the
last year. Many issues of concern were identified and ultimately, the Commission extended the
permits on a month to month basis in order for these issues to be analyzed and discussed. The
following areas of concern have been touched upon during the last several Commission and
Committee meetings:
Rate increases;
-Audits of both public and private operations;
-Accountability initiatives by utilizing latest technology;
Establishing criteria for determining when a tow should be directed;
Impacts to the Sunset Harbour neighborhood;
Booting as an alternative to towing to diminish the impact to the surrounding neighborhood;
-Alternative venues for the storage of towed vehicles; and,
-Conditional Use type limitations to mitigate impact of towing operations.
While some of these issues have been vetted and addressed or have been formally referred to
Committee for further analysis, others have not had sufficient discussion to formulate a proper
recommendation. The Commission should provide policy guidance on this matter. Should the
City Commission feel satisfied with the towing Permittees proposed rate increase and
acceptance of certain of amendments to the rules and regulations for the towing permits, then
approval of the attached resolution is in order.
Attach~ JMG/J F
T:\AGEN 012\02-08-12\TowPennltAdmRulesRegsAmendmentNo2Feb082012.cme.docx
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RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ISSUANCE
OF TOWING PERMITS TO BEACH TOWING SERVICES, INC., AND
TREMONT TOWING SERVICES, INC.; SAID PERMIT TERMS COMMENCING
ON MARCH 1, 2012, AND EXPIRING ON FEBRUARY 28, 2015; AND
FURTHER, IN CONJUNCTION THEREWITH, APPROVING AMENDMENT NO.
2 TO THE ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE AND
PARKING TOWING PERMITS; SAID AMENDMENT PROVIDING, AMONG
OTHER THINGS, FOR AN INCREASE TO THE PERMIT FEES AND CERTAIN
MAXIMUM ALLOWABLE TOWING RATES; PROVIDING FOR CERTAIN
ENHANCEMENTS, PUBLIC BENEFITS, AND OTHER ADDITIONAL
CONDITIONS AND REQUIREMENTS, AS REQUESTED BY THE CITY AND
SET FORTH IN THIS RESOLUTION, AND ALL OF WHICH SHALL BE
PROVIDED BY PERMITTEES IN THE MANNER PRESCRIBED BY, AND
WITHIN THE TIMEFRAMES OUTLINED IN AMENDMENT NO. 2, AS A
CONDITION OF THE CITY'S APPROVAL OF THIS RESOLUTION AND AS
CONSIDERATION FOR THE CITY'S ISSUANCE OF THE PERMITS; AND
ALSO, PROVIDING, AS A FURTHER CONDITION OF APPROVAL OF THIS
RESOLUTION AND CONSIDERATION FOR ISSUANCE OF THE PERMITS,
THAT BEACH TOWING SERVICES, INC., ON BEHALF OF ITSELF AND
INCLUDING ALL RELATED PERSONS AND ENTITIES, AS THE PLAINTIFF
AND PETITIONER IN THOSE CERTAIN LAWSUITS FILED AGAINST THE
CITY (AS SUCH LAWSUITS ARE SET FORTH IN THIS RESOLUTION),
DISMISS WITH PREJUDICE SUCH ACTIONS THAT REMAIN PENDING WITH
PREJUDICE, AND TO EXECUTE A COVENANT NOT TO SUE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, IN ANY ADMINISTRATIVE OR
JUDICIAL ACTIONS, FOR ITSELF AND ALL PERSONS OR ENTITIES
RELATED TO IT, AND NOT TO SOLICIT OR ENCOURAGE THE FILING BY
ANY OTHER PERSON OR ENTITY, OF ADMINISTRATIVE OR JUDICIAL
ACTIONS, CLAIMS OR ISSUES THAT WERE OR COULD HAVE BEEN
RAISED IN THESE CASES.
WHEREAS, Chapter 106, Article V, Division 2 of the Miami Beach City Code, provides
for the issuance by the City Commission of towing permits, for the towing of vehicles identified
by the City as requiring removal from the public way; and
WHEREAS, on January 11, 2006, the Mayor and City Commission approved Resolution
No. 2006-26100, issuing towing permits to Beach Towing Services, Inc., and Tremont Towing
Services, Inc. (also referred to herein as the Permittees); and
WHEREAS, the term of Permittee's permits expired on August 31, 2011 and, since then,
said permits have been on a month to month term; and
WHEREAS, the outside date for expiration of the aforestated month to month term is
June 30, 2012; and
WHEREAS, Permittees have been meeting with the City with regard to the City's
issuance of new towing permits to Permittees; and
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WHEREAS, if approved, the new permits would have a three (3) year term, commencing
on March 1 , 2012, and ending on February 28, 2015; and
WHEREAS, in conjunction with the aforestated issuance of the new permits, Permittees
are also requesting an increase in the Permit Fee, as currently set forth in Section 3 of the City's
Administrative Rules and Regulations for Police and Parking Towing Permits (the Rules and
Regulations), as well as certain increases to the Maximum Allowable Towing Rates, as set forth
in Section 22 of the Rules and Regulations; all as more particularly set forth in Amendment No.
2 to the Rules and Regulations, attached and incorporated as Exhibit "A" hereto; and
WHEREAS, on December 6, 2011, Permittees and City staff jointly presented an
analysis to the Finance and Citywide Projects Committee (FCWPC) regarding Permittee's
request for the aforestated rate increases; and
WHEREAS, on January 19,2012, the FCWPC continued its discussion regarding towing
permits and, at that time, Permittees presented a further, modified analysis of their request to
the Committee; and
WHEREAS, the FCWPC recommended approval of issuance of a three (3) year police
towing permit (the Permit or Permits) to Permittees, along with Permittee's proposed rate
increases (as set forth in Exhibit "A"); provided, however, that the issuance of the permits and
the approved rate increases, as set forth in this Resolution, be subject to and conditioned upon
Permittees' agreement to, and compliance with, the following terms and conditions (all as more
specifically set forth in Exhibit "A" hereto):
1) Enhancements
• Uniforms -Permittee shall be required to provide all employees with
uniforms, which shall be approved by the City Manager or his designee.
• Employee Drug Screening -Permittee shall perform drug test screening on all
employees, and provide pass/fail results to the City Manager or his designee,
upon request.
• Driver's License Screening -Permittee shall perform driver's license
screening on all employees with driving responsibilities.
• Permittee shall reduce the storage requirement within the City limits from
seven (7) days to one ( 1) day.
2) Technologicallmprovements
• By the end of the first Permit year (i.e. February 28, 2013), Permittees shall
have procured, installed, and implemented Global Positioning System (GPS)
tracking devices on all vehicles. Any such GPS tracking devices must be
accessible to the City for monitoring purposes.
• At the end of the first Permit year, and provided that Permittee has complied
with the above requirement, the City Commission shall review and, following
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such review, may elect, in its sole and reasonable discretion, to require
Permittee install the following additional technological upgrades; one (1)
each during the second and third Permit years, respectively: a) towing
software (which, at a minimum, includes dispatch tracking software that is
accessible to the City for monitoring only purposes); and b) in-vehicle
cameras (to monitor and record tows in real time).
3) City of Miami Beach Resident Discounts for Public Tows
• Effective as of the commencement of the term of the Permit, or as of March
1, 2012, Permittees shall commence providing a twenty percent (20%)
discount to City residents for public tows.
• Discounts may be applied two (2) times per Permit year, per resident, per
Permittee; resulting in a total up to four (4) resident discounts annually.
• The discount benefit shall "reset" each Permit year, for as long as the Permit
is in effect.
• The 20% discount shall also apply to the City's fee.
4) In order to clarify and strengthen the City's existing audit rights, as set forth in the
Rules and Regulations, Permittees shall meet with City staff including, without
limitation, the Chief Financial Officer and City auditor, to develop and implement
systems, procedures, and controls for the City's financial audits of Permittees'
operations pursuant to the Permit (i.e. for police -public tows -only).
5) Establishment of a procedure for indexing towing rates to assist the City in
determining rate increases in the future, utilizing a Consumer Price Index-based
analysis; and
WHEREAS, the City has been a party to the following litigation arising out of disputes
between Permittees:
1) Beach Towing Services, Inc. v. The City of Miami Beach, Case No. 11-37364 CA 31,
Eleventh Judicial Circuit, General Jurisdiction Division (complaint challenging the
adoption of Ordinance No. 2008-3617 on robotic and mechanical parking);
2) Beach Towing Services of Miami, Inc. v. The City of Miami Beach, Case No. 11-465
AP, Eleventh Judicial Circuit, Appellate Division (petition for writ of certiorari
challenging the Board of Adjustment's opinion upholding the decisions of the
Planning Director with respect to a towing garage in the 1-1 district);
3) Beach Towing Services of Miami, Inc. v. The City of Miami Beach, Case No. 11-466
AP, Eleventh Judicial Circuit, Appellate Division (petition for writ of certiorari
challenging the Board of Adjustment's opinion upholding the decisions of the
Planning Director with respect to a towing garage in the 1-1 district; and
WHEREAS, Beach Towing Services, Inc., has already dismissed without prejudice Case
No. 11-37364 CA 31 but, as a further condition of the approval of this Resolution and as
consideration for the City's issuance of the Permits, has agreed to, and shall, within five (5) days
of adoption of this Resolution: (i) dismiss with prejudice such actions that remain pending; and
(ii) to execute a covenant, in a form acceptable to the City Attorney, not to sue the City, its
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officers and employees, in any administrative or judicial actions, for itself and all persons or
entities related to it, and not to solicit or encourage the filing by any other person or entity, of
administrative or judicial actions, claims or issues that were or could have been raised in these
cases; and
WHEREAS, the City Commission and Permittees hereby acknowledge that, while
Permittees' compliance with some of the requirements imposed upon Permittees as a condition
of approval of this Resolution (as such requirements are set forth herein and as such may also
be more specifically described in Exhibit "A"} hereto may not be required until after the City's
issuance of the Permits, they are intended to be conditions subsequent to the approval of this
Resolution (and to the City's issuance of the Permits} and, as such, in the event of a Permittee's
failure to comply with any or all of such conditions, the City may suspend or revoke Permittee's
Permit.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize and approve the issuance of towing Permits to Beach Towing
Services, Inc., and Tremont Towing Services, Inc.; said Permit terms commencing on March 1,
2012, and expiring on February 28, 2015; and further, in conjunction therewith, approving
Amendment No.2 to the Administrative Rules and Regulations for Police and Parking Towing
Permits; said Amendment providing, among other things, for an increase to the Permit Fees and
certain Maximum Allowable Towing Rates; providing for certain enhancements, public benefits,
and other additional conditions and requirements, as requested by the City and set forth in this
Resolution, and all of which shall be provided by Permittees, in the manner prescribed by and
within the timeframes outlined in Amendment No. 2, as a condition of the City's approval of this
Resolution and as consideration for the City's issuance of the Permits; and also, providing, as a
further condition of approval of this Resolution and consideration for issuance of the Permits,
that Beach Towing Services, Inc., ·on behalf of itself and including all related persons and
entities, as the plaintiff and petitioner in those certain lawsuits filed against the City (as such
lawsuits are set forth in this Resolution}, dismiss with prejudice such actions that remain
pending with prejudice, and to execute a covenant not to sue, in a form acceptable to the City
Attorney, in any administrative or judicial actions, for itself and all persons or entities related to
it, and not to solicit or encourage the filing by any other person or entity, of administrative or
judicial actions, claims or issues that were or could have been raised in these cases.
PASSED AND ADOPTED this----day of _____ ,_, 2012
ATTEST:
CITY CLERK
F:\ATTO\AGUR\RESOS-ORD\TOWING PERMIT RESO (Final1-26-12).do
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MAYOR
APPROVED AS TO
FORM & LANGUAGE
& F"R ECUTION
AMENDMENT NO.2 TO THE ADMINISTRATIVE RULES AND REGULATIONS FOR
THE POLICE AND PARKING TOWING PERMITS
(Dated February 8, 2012)
* * * *
3. PERMIT FEEIMONTHL Y BILLING
Permittee shall pay to the City a monthly Permit fee, in the amount of $25.00
$30.00. effective as of March 1. 2012: $35.00 effective as of March 1, 2013: and
$40.00. effective as of March 1. 2014, for each vehicle towed. The monthly Permit fee
shall be reduced by twenty percent (20%) percent for each vehicle towed that receives
a twenty (20%) percent discount pursuant to Section 22.L herein.
The City shall bill Permittee by the 1Oth of each month for all tows occurring in
the previous month. A late charge of $50.00, plus the greater of (i) eighteen percent
(18%) interest per annum, or ii) the maximum rate allowable under Florida law, shall be
assessed on all payments received after the 20th day of the bilting month.
Payments to the City shall be by check and remitted to the City of Miami Beach
Finance Department (Revenue Section). Checks shall be clearly marked "Police Tow"
or "Parking Department Tow."
* * * *
5. STORAGE AREA/STORAGE FACILITY(IES)
Permittee shall have available outside storage for a minimum of thirty-one (31)
vehicles and no more than a maximum of one hundred (1 00) vehicles. Said storage
area will be enclosed in accordance with applicable zoning requirements. At a
minimum, Permittee shall surround the storage area with a chain-link fence or solid-wall
type fence at least six (6') feet high. The storage area shall be sufficiently illuminated to
reveal persons and vehicles at a distance of at least 150 feet during evening hours.
Permittee shall use such security measures as necessary to prevent theft, vandalism,
stripping and dismantling of parts from vehicles in all storage areas.
1
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Permittee shall provide a completely enclosed inside storage area (solid walls,
roof, and access door) for at least five (5) vehicles. Said area will be secured against
entry by unauthorized persons.
All vehicle keys shall be secured separately.
In the event Permittee's storage areas are filled to capacity, the Permittee shall
not be relieved of its responsibility with regard to storage of vehicles pursuant to the
Permit, and shall be required to make alternate arrangements for storage (as required
to comply with the terms of the Permit). Any storage area proposed to be utilized by
Permittee, which was not identified in its Permit application, must obtain the prior written
approval of the City Manager or his designee prior to commencement of such use.
Permittee's storage area must be located within the city limits of Miami Beach.
Vehicles shall be stored for a minimum of one (1) sa..(en (7) days, after which they may
be removed to a storage area outside the city limits of Miami Beach, but within Miami-
Dade County, Florida.
Any vehicle with a "police hold," shall not be stored outside the city limits of
Miami Beach.
* * * *
11. EQUIPMENT
* * * *
E. TECHNOLOGICAL IMPROVEMENTS
(1) Effective March 1, 2012. and by no later than the end of the first Permit
year. or Februarv 28, 2013, Permittee shall. at its sole cost and expense. have
procured. installed. and implemented a GPS tracking system on all of its vehicles, in
accordance with the following procedures:
(a) Within thirty (30) days from the effective date of the Permit. or by
March 31, 2012, the City Manager or his authorized designee shall provide
Permittee. in writing, with the City's minimum specifications and standards for the
2
456
457
proposed GPS tracking system, which specifications and standards shall be
commercially reasonable inasmuch as the City will not prepare same with the
intent of steering Permittee toward a particular vendor, product and/or brand.
(b) Within sixty (60) days from the date of the City's minimum
specifications and standards for the GPS tracking system. the City and
Permittees shall meet to prepare a mutually agreed upon schedule for
Permittee's selection. procurement. installation, and implementation of the
system on Permittee's vehicles.
(c) The City shall have prior written approval. which approval shall not
be unreasonably withheld, of (i) the vendor selected by Permittee. and (ii) the
GPS tracking system to be purchased by Permittee from said vendor (Note: As
to this latter right. the City's approval rights over the proposed system to be
purchased shall be limited to confirming that the proposed GPS tracking system
complies and meets with the City's specifications and standards for same).
(d) Notwithstanding (a}-(c) above. Permittee shall have the approved
GPS tracking system installed and operational in all vehicles. and certify to the
City. in writing. of its compliance with this requirement, no later than sixty (60)
days prior to the end of the first Permit year (or by December 30, 2012). Non-
compliance with this requirement shall be grounds for suspension or revocation
of the Permit.
(2) Effective March 1. 2012, and in addition to the requirement in subsection 11.E.(1}
above. at any time following the end of the first Permit year. the City Commission
may. in its sole option and discretion. review and, following such review. require
Permittee to implement the following additional technological improvements: one
(1} each during the second and third Permit years, respectively:
(a) Towing software {which includes a dispatch tracking system); and
(b) In-vehicle cameras to monitor and record tows in real time.
3
457
458
12. EMPLOYEES OF PERMITTEE
Permittee shall be solely responsible for selecting, training and employing (or
otherwise retaining) such personnel as is necessary for Permittee to satisfy the
requirements of the Permit and to satisfactorily perform the work and services required
under the Permit.
a. Permittee shall perform driver's license screening on all employees with
driving responsibilities and a copy of each employee's driver's license shall be kept on
file by Permittee and made available upon request of the City Manager or his designee.
b. Permittee shall be required to provide all employees with uniforms. which
shall be subject to the prior written approval by the City Manager or his designee.
c. Permitttee shall perform drug test screening on all employees and provide
pass/fail results to the City Manager or his designee. upon request.
Any and all employees and/or other individuals retained by Permittee, shall not,
for any purposes, be considered to be employees of the City of Miami Beach, and
Permittee shall be solely responsible for their supervision and daily direction and
control.
It is the intent of the City and Permittee, and Permittee acknowledges, that the
Permittee is legally considered to be an independent contractor and that neither it, nor
its officers, directors, employees, agents, contractors or servants, shall, under any
circumstances, be considered officers, directors, employees, contractors, agents or
servants of the City, and that the City shall at no time be legally responsible or liable for
any negligent acts, errors, omissions, or misconduct on the part of Permittee, or any of
its officers, directors, employees, contractors, agents or servants. Additionally, toward
that end, Permittee agrees to have no markings on either vehicles, buildings, or
correspondence that indicates or tends to indicate any official relationship between the
Permittee and the City of Miami Beach.
* *
4
458
459
* *
22. MAXIMUM ALLOWABLE RATES
The City Commission shall establish the maximum rates for towing, removal, and
storage services provided under the Permit. The Permittee shall not charge in excess
of the following maximum allowable rates established by the City (as same may be
amended from time to time):
A. The first eight (8) hours of storage shall be without charge. Thereafter the
following storage rates shall apply per day:
* * * *
(2) Outside-Exterior
* * * *
(b) Any vehicle less than 20 feet in length and 8 feet in width
*
$25.00 $30.00. effective March 1 I 2012
$36.00. effective March 1. 2014
* * *
B. Tow Rate Class "A" Tow Truck and Class "A" Car Carrier, including: ·
1. First 30 minutes at scene $115.00$140.00. effective March 1 I 2012
2. Unlocking door
3. Dropping/hooking up linkage
4. Wheel lift equipment
5. Use of Dolly
*
H. Special and additional charges
*
*
*
5
459
460
*
*
$150.00. effective March 1. 2013
$155.00. effective March 1. 2014
*
*
2. Mileage charges (per mile):
Maximum per tow:
3. Administrative fee:
$9.00$6.00. effective March 1. 2012
$7.00. effective March 1. 2014
$35.00$42.00. effective March 1. 2012
$49.00. effective March 1. 2014
$30.00 $35.00 maximum per tow. effective March 1. 2012
$41.00 maximum per tow~ effective March 1. 2013
$44.00 maximum per tow. effective March 1. 2014
4. Dollies or Flatbed Services (per job):
5. Labor to Engageffow:
$35.00 $40.001 effective March 1 I 2012
$47.00, effective March 11 2013
$50.00. effective March 1. 2014
This is not an automatic fee and may only be imposed when access to enter the
vehicle is required to properly engage/tow vehicle.
6. After Hours Fee:
$25.00$30.001 effective March 11 2012
$32.001 effective March 1 I 2013
$33.00. effective March 1 I 2014
An After Hours Fee may be assessed for tows retrieved between the hours of
8:00 PM and 8:00 AM.
$30.00
* * * *
J. Indexing Provision:
The City Manager or his authorized designee may initiate an administrative
review of the Maximum Allowable Rates whenever the cumulative change in the
6
460
461
Consumer Price Index {CPI -All Urban consumers-US City average-All items-
Base Period 1982-84 = 100) (CPil. between the current CPI and the date of the CPI
used to establish the last rate adjustment. is greater than five percent (5%). Upon
reaching this threshold and, further. following a survey conducted by the Citv of
maximum allowable towing rates for similar services in surrounding communities. and/or
an analysis to review the current cost of providing such services. the Citv Manager or
his authorized designees shall prepare a recommendation as to whether there should
be an adjustment to the Maximum Allowable Rates: which recommendation shall be
subject to final approval by the Mayor and City Commission.
* * * *
L. Miami Beach Resident Discount
Effective March 1, 2012. Permittee shall reduce the total towing charges by
twenty percent (20%) for any City of Miami Beach resident whose vehicle has been
towed. City residents shall be entitled to such discount two (2) times per Permit year
(for every year during the Permit Term). per resident. and per Permittee. This shall
equate to a maximum of four (4) annual discounts for a City resident during each Permit
year during the Term. In order to be eligible for the City resident discount, residents
must provide proof of residency within the City of Miami Beach, and their driver's
license information must match the registration information of the vehicle being towed.
The monthly Permit fee shall be reduced by twenty percent (20%) for each vehicle
towed that receives a discount pursuant to this section. Permittee shall maintain a log
documenting discounts given to City residents pursuant to this section. which log shall
be available for inspection and copying by the City Manager or his authorized designee.
upon request.
* *
7
461
462
* *
27. INSPECTIONS AND AUDITS
Permittee agrees that all of its records, equipment, personnel, office and storage
facilities will be subject to periodic inspection and audits by the City Manager or his
authorized representative(s) and, in the case of inspection checks, without the need for
prior notice to Permittee.
Effective March 1. 2012. and notwithstanding the parties' acknowledgement of
the Citv's existing rights to audit and inspect Permittee pursuant to this Section 27. the
City Manager or his authorized designees (including. without limitation. the City's Chief
Financial Officer and Internal Auditor) shall meet with Permittee to develop mutually
agreed upon procedures. systems. and controls for the purpose of the City conducting
financial audits concerning Permittee's operations pursuant to the Permit.
In the event that the City and Permittee are not able to develop mutually agreed
upon procedures. systems. and controls for City audits of Permittee's operations within
ninety (90) days from the commencement of the Permit Term Cor by June 1. 2012). then
the City Manager shall refer this matter to the Finance and Citywide Projects Committee
for discussion including. without limitation. discussion of disputed issues. The Finance
Committee shall review the procedures that have been developed, including any
disputed items and issues. and may make a recommendation as to same and.
additionally. may recommend that the matter be referred for review by the full City
Commission. The City Commission's decision on the matter shall be final and binding
upon all parties.
F:\ATTO\AGUR\AGREEMENnTowing Rules and Regs-Amendment No. 2 (1-31-12}.docx
8
462
463
EXHIBIT 1
Beach Towing Services, Inc.
ANALYSIS OF MAXIMUI'vl ALLO\VABLE TO\"*'lNG RATES
City of Miami Beach
.\1\ \LYSIS 1:--. Sl'PPORT OF ,\\IE!'\Dii'\G SE<.'TIOr"\' 22. EKTITI.En. ''\-li\:'\1\Jl'\1
.\LLO\\'.\RLF Ri\TI:s:· OF THE CITY OF \U.\\1113b\CII .\D\-IIr"\ISTR:\TIVE Rt.'U:S
X\D RHil'l.\TI01\S FOR POLICE .\!\D P.\RKI!\ti TO\\lMi PER\IITS. ,\S RF\'IS!J)
0'\ .liT Y :~. ~1109 .. \:-..D .\\IFr"\DED o;-.-\I;\ Y II. 2011. BY II'\C'REASIMi TilE
\I.\XI\It.\1 .\1.1.0\\'.\BI.E R.\TES TO Rl:ll.l{ T TIIF .\I'\1\L\I.l'O'\SniER PRICE
,J:\Df:X FOR Tlfl[: \ll.X\11-FORT L.\l.DERD.\Ll: RHiiOl\ SI:\CE 21UJ-I OR E.\RLil:R t .... ~ ,.
.{
464
...
Caceres & Gomez, CPA, P .L.
1035 S\'\' S":'th .-\xenue
:\Iiami, florida 331:4
(305) 265-860""
.
December 6, 2011 ·'r"
Beach Towing Services, Inc.
1349 Dade Boulevard
Miami Beach, Florida
To The Board of Director's:
Certified Public Accountants
W'W\\".cacerescpa.com
Following is the analysis requested and adopted by your management relating to the
increase of the Maximum Allowable Towing Rates for FY2012 through FY2014, from the base
rate of FY2004, or earlier, adjusted by the Consumer Price Index applicable to the Miami-Fort
Lauderdale area. The FY2004 Maximum Allowable TQwing Rates were obtained from the City
of Miami Beach Administrative Rules and Regulations For Police and Parking Towing Permits,
Revised as of July 22, 2009 (see Appendix l of the Analysis), which rates were recommended in
the Commission Memorandum dated January 14. 2004 (see Appendix 2 of the Analysis).
, .. The analysis is intended for internal use only and your management's presentation to the
Mayor and City Commission of the City of Miami Beach, Florida, which is responsible for
setting the Maximum Allowable Towing Rates and should not be used for any other purpose.
The actual results may vary from those presented, and the variations may be material.
~ &-~;C.PIJ, P.L.
Caceres & Gomez, CPA, P.L.
4&4
465
.1:;1. 0) ....... r·-·""'-""' __ w __ _ . . . . . . . .· ~--. ··=·=·--. -.... ~-'·-·=-== ·._: . ·.:::=.~=:~=:=:=.:::: :::;:;:::::.:;;:~:;:~::: =. --~-. ·.::..:=... -~= ..• :. ,·.: .. :. . <: :· ::~~~~~-:: -=~:::::::;:;~~::;:,::;_::: :::::::.::: ::::~~:::;:::::SJ::::::::::S:·:=~-=::·;:~:~:f:!!~~f-~::~:· l-··----~-·-······ Table 1. PG 1 ~The Annual Consumer Price Index obtained from the U.S. Department of labor for Miami-Fort lauderdale Region, not seasonally adjusted, applied to the applicable Maximum Tow Rates Established in January 14, 2004 or earlier applicable base rate. Class B Towing I Class C Towing I Class D Towing I To'!,':;;.: gar I Annual CPI% Fee Fee Fee Carrier increase 22.C • .,.. nota (e) I 22.D.-note (8) I 22.E. •• nollll (a} """~l'>'~~~~~~~",.'%$.~~~~~ ~~~~~~~~~~~~~~~~~~~~~~'$.K-$~¥.~~~m~®&~~~~"'-~\~~ ~»«M~*:z ... -.:~--·· ·· :::;_,s~~-t...:.:-:«:~~~\M:-..w;..<.:;-. .... -: .. ~-v:-»'-:-..'~~~~"'*--v~ .. -y.~-;.>,)1 ~~~~~~"%~~~~~ ... :-§~~*-.~'t..~w.::::-m?~:$~~'%.~~"::1~'lli:*~~~~~\~:::l~~~~ ~""'"'"-"""'"'"'i<"•"-;,-y...~.,\o'l,""-,.~·'"""~"'""""""'~~~"'-~h~~"'·"~hlo.-.;.'l.,""""""""""".''""'"'" ........ ~~ .... lc .. ~-.~-.. ~ ..... W~i~R.~&~Z:~~'£:~1!;r~"K&~ ... ~~41t~~~z•*~~l~a ~:..~--~ .. ~::.~::.~~~~':;:"~~~~~":~'::'i~~~-~~~;:::.-:::.::-::-;.":.:.."'""' ....... ~~';;~2"~~:::-::. .. :::.~::..~~ ~~~~m:.:~"-.:1~-::.~~~~~~~~~m;::~~~&~~~t~-=::::.:;."=-~;.~;;.~~~~~~~~~~~ :}).Y.-~~~~~"&...~~~~»..~~;x;:-~m~ .. :;;=:;x::;;'*<::~m&m..~~~~~'»~\."}~:»~~~ loCIAM.,.,.. Increase of Rates with Embedded CPI Increase $ 12.00 $ 30.00 $ 35.00 $ 135.00 $ $ 12.00 $ 30.00 $ 35.00 $ 145.00 $ $ 15.00 $ 36.00 $ 44.00 $ 150.00 $ LEGEND -TABLE 1 fPG 1.2) 165.00 $ 180.00 $ 190.00 $ 200.00 $ 220.00 $ 230.00 $ 230.00 $ 250.00 $ 265.00 $ 145.00 160.00 180.00 a) The analysis of CPI increases was applied as of FV2005, since the January 14, 2004 determined increases were scaled in 2004 and 2005. b) For the periods FY2013 and FV2014, the CPIIncrease used was the 10 year average CPI, calculated at approximately 3.0% (rounded). Beach Towing Services, Inc. Consulting Engagement
.1:;1. 0) 00 .. ·-.-:-.-:-.---.:-:·:-~-;.;:;.:..· r~-;;.s ... , .. *'**'''"''i'"''"''"'''*'··""'·'''"'·"""·"···"······;-·-O<···o·O<·O<···'<·"-'.,.,.,.,,,._ .... -... --.~~--·····---.. ........ ~ ................... .,.,.,.,._.,. ____ .... -.. .. __ _ ...................... , .• ,,., .• , ..... , ...•... ,.,, ... ;;.,,,,,.,.,,, ... ,""''"''""'"' :·<r• ::i~l Table 1. PG 2-The Annual Consumer Price Index obtained from the U.S. Department of Labor for Miami-Fort lauderdale Region, not seasonally adjusted, applied to the applicable Maximum Tow Rates Established in January 14, 2004 or earlier applicable base rate. Year Mllea e Char e I Administrative I Dollies/Flat Bed I Labor to I Administrative I Miami Beach I Annual CPI% g g Fee Services Engage/Tow Charge City Fee Increase Sections: 22.H.1. 22.H.2. 22.H.3 . :a2Jid". 22.H.5.S.. NotAl (a) 22.K. Blended Increase of Rates with Embedded CPI Increase $ 20.00 $ 6.00 $ 35.00 $ 40.00 $ 30.00 $ 35.00 $ 30.00 $ 22.00 $ 6.00 $ 41.00 $ 47.00 $ 32.00 $ 40.00 $ 32.00 $ 24.00 $ 7.00 $ 44.00 $ 50.00 $ 33.00 $ 43.00 $ 35.00 -LSiEND-TABLU fiiG_Ul a) The analysis of CPI increases was applied as of FV2005, since the January 14, 2004 determined increases were scaled in 2004 and 2005. b) For the periods FY2013 and FV2014, the CPiincrease used was the 10 year average CPI, calculated at approximately 3.0% (rounded). Beach Towing Services, Inc. Consulting Engagement . ·,·,·=:.:=:=·=:~
.1:;1.~ 0) (Q .·.·:·.·.·.·.·,·.··:···:·:;:~·:·:·.·:·;~: .. ~·:~:o;;;.;_.;_{i;,~''&"'i~~-=~::~~. Table 2-The following table summarizes the effect of the Proposed CPI increases on the Maximum Allowable Tow Rates for the Average Tow. Effect of Proposed CPI Increase to Averade Tow Fee y 1 Class A Towing ear Fee I Sections: I 22.8. Beach Towing Services, Inc. Consulting Engagement Mileage Charge 22.H.2. 5.00 6.00 6.00 .. '1.00 Administrative Labor to Fee -..,., ·'.::; Engage!Tow 22.H.3. 22.H.5. $ 30.00 $ 25.00 $ 35.00 $ 30.00 $ 41.00 $ 32.00 $ 44.00 $ 33.00 ~~ .. Outside Storage Fee Any Vehicle I Mia~i Beach I Average Tow <20ft L & <Sft W City Fee Fee Increase 22.A.(2)(b) $ 25.00 $ $ 30.00 $ $ 30.00 $ $ 36.00 $
RESOLUTION TO BE SUBMITTED
470
R7 -Resolutions
R7H A Resolution Granting Two Perpetual Easements And A Temporary Construction
Easement To Miami-Dade County, For A Proposed 60-lnch Diameter Wastewater Force
Main In South Pointe Park.
(Public Works)
(Memorandum & Resolution to be Submitted in Supplemental)
Agenda Item R'l H
Date 6-b-J '2-
471
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472
R7 -Resolutions
R71 A Resolution Relating To City Manager Jorge M. Gonzalez.
(City Manager's Office)
(Memorandum & Resolution to be Submitted in Supplemental)
Agenda ltem_;;._R......;.1...;;;;.I __
Date 0-~ -/2-_...:;.......::;..._.::....=~
473
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R9
NEW BUSINESS
AND
COMMISSION REQUESTS
475
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
OFFICE OF THE CITY CLERK, Robert Parcher, City Clerk
Tel: (305) 673-7 411, Fax: (305) 673-7254
COMMISSION MEMORANDUM
To:
From:
Date:
Subject:
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzolez, City Manager ~orb
June 6, 2012 U
BOARD AND COMMITIEES
ADMINISTRATION RECOMMENDATION:
That appointments be made as indicated.
ANALYSIS:
Attached are the applicants that have filed with the City Clerk's Office for Board and
Committee appointments.
VACANCIES
BOARD OR COMMITTEE: TOTALMBRS. APPOINTED BY: TOTAL VAC PAGE
Capital Improvements Projects
Oversight Committee
Committee on the Homeless
Community Development Advisory
Committee
Community Relations Board
Design Review Board
9
9
14
17
7
City Commission 1 Page 6
Commissioner Michael G6ngora 1 Page 10
Commissioner Deede Weithorn 1 Page 11
Commissioner Michael G6ngora 1
Commissioner Michael G6rlgora 1 Page 13
Jorge M. Gonzalez, City Manager 2
City Commission 2 Page 17
Agenda Item R 9 A
We are committed to providing excellent public service and safety_ to all who live, work and play i1
477
Date &-b-/Z
VACANCIES
BOARD OR COMMITTEE: TOTALMBRS. APPOINTED BY: TOTAL VAC PAGE
Disability Access Committee
Fine Arts Board
Health Advisory Committee
Hispanic Affairs Committee
Historic Preservation Board
Marine Authority
Miami Beach Commission For
Women
Miami Beach Cultural Arts Council
Miami Beach Sister Cities Program
Production Industry Council
Safety Committee
7
14
11
7
7
7
21
9
24
7
14
Commissioner Ed Tobin 1 Page 19
Commissioner Michael Gongora 1
Commissioner Deede Weithorn
City Commission
Mayor Matti Herrera Bower
City Commission
Mayor Matti Herrera Bower
Commissioner Ed Tobin
Commissioner Michael Gongora
City Commission
Mayor Matti Herrera Bower
Mayor Matti Herrera Bower
Commissioner Ed Tobin
478
Page 21
1 Page 24
1 Page 27
1 Page 28
1 Page 31
1 Page 32
2
1 Page 33
4 Page 35
1 Page 43
1 Page 44
BOARD OR COMMITTEE:
Safety Committee
Single Family Residential Review
Panel
VACANCIES
TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE
14 Commissioner Ed Tobin Page44
3 Jorge M. Gonzalez, City Manager 3 Page45
Attached is breakdown by Commissioner or City Commission:
JMG:REG/sp
479
City Commission Committaas
Committee Position First Name
Finance & Citywide Projects Committee
Chairperson Commissioner Deede Weithorn
Vice-Chair Commissioner Jorge Exposito
Member Commissioner Michael Gongora
Alternate Commissioner Jerry Libbin
Liaison Patricia Walker, Chief Financial Off.
Land Use & Development Committee
Chairperson Commissioner Michael Gongora
Vice-Chair Commissioner Jonah Wolfson
Member Commissioner Jerry libbin
Alternate Commissioner Ed Tobin
Liaison Richard Lorber, Acting Planning Dir
Neighborhood/Community Affairs Committee
Chairperson
Vice-Chair
Member
Alternate
Commissioner Edward L. Tobin
Commissioner Jerry Libbin
Commissioner Jorge Exposito
Commissioner Jonah Wolfson
Liaison Barbara Hawayek, Building Dept.
Appointed by
Mayor Bower
Mayor Bower
Mayor Bower
Mayor Bower
Mayor Bower
Mayor Bower
Mayor Bower
Mayor Bower
Mayor Bower
Mayor Bower
Mayor Bower
Mayor Bower
Tuesday, May 22, 2012 Page 1 of 1
480
NON-CTIY COMMISSION COMMITIEES
Ricky Arriola Term ending May 2014
Mitchell Kaplan Term ending September 2012
Richard Milstein Term ending July 2014
The Adrienne Arsht Center for the Performing Arts Center Trust
Mayor Matti Herrera Bower
Citizens Oversight Committee
Greater Miami Convention and Visitors Bureau (GMVB)
Tourism Development Council Reappointed 3/21/2012
Metropolitan Planning Organization (MPO)
Hilda Fernandez, Assistant City Manager
Miami-Dade County Homeless Trust Board
Commissioner Michael G6ngora
Miami Dade League of Cities
Vacant
Dade Cultural Alliance
Victor Diaz effective 4/11/2012
Miami-Dade County Charter Review Task Force.
F:\CLER\BOARD AND COMMITIIES DATABASE\NON-CITY COMMISSION COMMITTEES.doc
481
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482
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager ~
DATE: June 6, 2012 0 V
SUBJECT: BOARD AND COMMITTEE APPOINTMENTS -CITY COMMISSION APPOINTMENTS
ADMINISTRATION RECOMMENDATION
Make appointments as indicated.
BOARDS AND COMMITTEES
1. Capital Improvements Projects Oversight Committee
2. Design Review Board
3. Health Advisory Committee
4. Historic Preservation Board
5. Miami Beach Cultural Arts Council
JMG/REG
F:\CLER\$ALL\a City Commission\Commission Memo B & C FOR 06-06-12.doc
483
·Agenda Item R'!AI
Date b-b-( 2...
Board and Committees Current Members
Capital Improvements Projects Oversight Committee 2-190-127
Composition:
The Capital improvement projects oversight committee shall consist of nine (9) voting members, eight
(8) of whom shall be appointed by the city commission as a whole (at-large-appointees), and one (1)
member appointed by the Mayor or designee, and one (1) non-voting ex-officio member selected from
three nominees. The membership of the committee shall further be comprised as follows:
1. The mayor or his/her designee, who shall sit as a voting member of the committee, and shall also
serve as chair person of the committee;
2. At least two (2) members shall be selected with experience in one of the following technical fields:
a. engineering;
b. architecture and/or landscape architecture; or historic preservation;
3. At least two (2) members shall be selected with experience in one of the following technical fields:
a. construction/general contractor; or
b. developer;
4. Two (2) members shall be selected with experience in the following technical field and/or the
following category:
a. capital budgeting and/or finance; or
b. citizen-at-large; and
5. The remaining two (2) members shall be selected from any of the technical experience categories
set forth in subsections (2) or (3) above.
6. One (1) non-voting ex-officio member shall be either a member of the disabled community or a
person with special knowledge of Americans with Disiabilities Acts (ADA) issues in order to provide
accessibility-related input to the committee.
City Liaison: Fernando Vazquez
Vacancy:
Members:
Name
Brian
Christina
Dwight
Eleanor
Elizabeth
Saul
Stacy
Tony
Applicants
To replace Richard (C5) Engineer
(Rick) Kendle
Last Name
Ehrlich
Cuervo
Kraai
Carney
Camargo
Gross
Kilroy
Trujillo
Position/Title
(C3) Developer
(C5) Developer
(2) Engineer
(C4) At-large
(C2) Architect
(1) Mayor Designee
(C3) Const/Gen Contrac
(C4) Cap.Budg/Finance
Position/Title
Monday, May 21, 2012
12/31/2012 City Commission
Term Ends: Appointed by: Term Limit:
······-·-------~--~------··---~-----~
12/31/2013 City Commission 12/31/14
12/31/2013 City Commission 12/31/13
12/31/2012 City Commission 12/31/13
12/31/2013 City Commission 12/31/15
12/31/2013 City Commission 12/31/13
12/31/2013 Mayor Matti Herrera Bower 12/31/15
12/31/2012 City Commission 12/31/13
12/31/2012 City Commission 12/31/16
Applicants Position/Title
Page6of51
484
Board and Committees Current Members
Annsheila Turkel
Christian Folland
Gerhard Rima
lvette Isabel Borrello
James Lloyd
Josh Gimelstein
Rima Gerhard
Monday, May 2012
Cheryl Jacobs
Dominique Bailleul.
Guy Simani
Jacobs Jacobs
Jason Green
Michael Laas
Ronald Starkman
485
Page 7of51
Board and Committees Current Members
Design Review Board
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) regular members and two (2) ex-officio members.
The seven (7) regular members shall consist of:
two (2) registered architects,
Sec. 118.71
one (1) registered architect or a member of the faculty of a school of architecture, urban planning or
urban design in the state, with practical or academic expertise in the field of design, planning, historic
preservation or the history of architecture, or a professional architectural designer or professional
urban planner
one (1) registered landscape architect,
one (1) registered architect, professional designer or professional urban planner,
and two (2) citizens at-large.
One person appointed by the City Manager from an eligibility list provided by the Disability Access
Committee shall serve in an advisory capacity with no voting authority. The Planning Director, or
designee and the City Attorney or designee shall serve in an advisory capacity.
Residency and place of business in the county. The two (2) citizen-at-large members and one of the
registered landscape architects, registered architects, professional designer or professional urban
planners shall be residents of the city.
City Liaison: Thomas Mooney
Vacancy:
Members:
Name
To replace Thomas Registered Architect
DeLuca
To replace Michael Urban Planner
La as
Last Name Position/Title
12/31/2013 City Commission
12/31/2012 City Commission
Term Ends: Appointed by: Term Limit:
.. --------·---------·-········--------~--------·······-~---·····-·-
Carol
Jason
Lilia
Manuel
Seraj
Heusen
Hagopian
Medina
Minagori
Saba
At-large
Registered Architect
Urban Planner
At-large
Landscape Architect
Gary Held
Richard Lorber
Vacant
advisory/City Attorney Designee
advisory/Acting Planning Director
ex-officio/Disability Access Committee
Applicants
Alexander Annunziato
Britta Hanson
Daniel Garcia
Elsa Urquiza
Gilbert Squires
Jessica Conn
Monday, May 21, 2012
Position/Title
12/31/2012 City Commission
12/31/2013 City Commission
12/31/2012 City Commission
12/31/2013 City Commission
12/31/2013 City Commission
Applicants Position/Title
Beth Dunlop
Bryan Rosenfeld
Elizabeth Camargo
Francis Steffens
Jane Gross
John Stuart
Page
486
12/31/16.
12/31/15
12/31/15
12/31/17
12/31/13
Board and Committees Current Members
Larkin Menezes
Leslie Tobin
Ray Breslin
Scott Needelman
Steve Berke
Monday, May 21, 2012
Leonard Wien, Jr.
Pamela Palma
Roberta Gould
Seth Wasserman
Zarco Cyn
487
Page18of51
Board and Committees Current Members
Health Advisory Committee Sec. 2-81 2002-
Composition:
Eleven (11) voting members. Appointed by the City Commission at-large, upon recommendations of
the City Manager:
One (1) member shall be the chief executive officer (CEO's) or a designated administrator from Mount
Sinai Medical Center,
One (1) member shall be the Chief Executive Officer (CEO) from Stanley C. Myers Community Health
Center or his/her designee administrator;
Two (2) member shall be an administrator from an Adult Congregate Living Facility (ACLF). And/or an
Assisted Living Facility (ALF);
One (1) member shall be a representative from the nursing profession;
One (1) member shall be a health benefits provider;
Two (2) members shall be physicians.;
Two (2) members shall be consumers consisting of:
1) one (1) individual from the corporate level and;
2) one (1) private individual.
One member shall be a physician or an individual with medical training or experience.
There shall be one (1) non-voting ex-officio representative from each of the following: The Miami
Dade County Health Department, the Health Council of South Florida, and the Fire Rescue
Department. The director of the Office of the Children's Affairs shall be added as a non-voting ex-
officio member of the board.
City Liaison: Clifton Leonard
Vacancy:
To replace Kathryn CEO MB Community He 12/31/2012 City Commission
Abbate
Members:
Name Last Name Position/Title
------------·-----~-----
Anthony Japour ACLF
Baruch Jacobs M.D. Health Provider
Dr. Andrew Nullman Physician
Dr. Jay Rein berg Physician
Dr. Stacey Kruger Physician
Harold Foster Private Individual
Rachel Schuster ACLF
Shaheen Wirk Private Individual
Steven Sonenreich CEO/Mt. Sinai/MH (NTL)
Tobi Ash Nursing Profession
Maria Ruiz
Marisel Losa
ex-officio, Director of Children's Affairs
Applicants
Caroline Cardenas
Daniel Brady
Ivan Rusilko
· Rep. from the Health Council of South Fla
Position/Title
Tuesday, May 22, 2012
Term Ends: Appointed by: Term Limit:
·---·-··--------~-
12/31/2012 City Commission 12/31/16
12/31/2013 City Commission 12/31/15
12/31/2012 City Commission 12/31/14
12/31/2012 City Commission 12/31/16
12/31/2012 City Commission 12/31/16
12/31/2013 City Commission 12/31/15
12/31/2012 City Commission 12/31/16
12/31/2013 City Commission 12/31/15
12/31/2012 City Commission
12/31/2013 City Commission 12/31/15
Applicants
Charlotte Tomic
Eli Strohli
Position/Title
Jared Plitt
.,. "'"''"
Page 24 of 51 (Continued ....
488
Board and Committees Current Members
Michael Baum
Paul Venette
Todd Narson
Tuesday, May 22, 2012
Michael Steffens
Samuel Reich
489
PagelS of51
Board and Committees Current Members
Historic Preservation Board
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) members. There shall be a member from each of the following categories:
1) A representative from the Miami Design Preservation League (MDPL);
Selected from three names nominated by the League.
2) A representative from Dade Heritage Trust (DHT);
Selected from three names nominated by the Trust.
Sec. 118-1 01
3) Two at-large member who have resided in one of the city's historic districits for at least one year,
and have demostrated ineterest and knowledge in urban design and the preservation of historic
buildings.
4) An architect registered in the State of Florida with practical experience in the rehabilitation of
historic structures;
5) A registered architect, registered landscape architect, professional designer or professional urban
planner with practical experience in the rehabilitation of historic structures; or an attorney, or a
licensed engineer who has professional experience and demonstrated interest in historic preservation.;
6) A member of the faculty of a school of architecture in the State of Florida, with academic expertise
in the field of design and historic preservation or the history of architecture, with a preference for an
individual with practical experience in architecture and the preservation of historic structures.
City Liaison: Thomas Mooney
Vacancy:
Members:
Name
To replace
Norberta
Rosenstein
Last Name
···--·---··········-----------····--------------
David Wieder
Dominique Bailleul
Henry Lares
Herb Sosa
Jane Gross
Josephine Manning
Reg. Architect
Position/Title
~----·------~-·-····
Attorney
At-large
Faculty Member
MDPL
Dade Heritage
At-large
Applicants Position/Title
Andrew Fischer
Daniel Garcia
Francis Steffens
Ira Giller
Jessica Jacobs
Josh Gimelstein
Morris Sunshine
Monday, May 21, 2012
12/31/2013 City Commission
Term Ends: Appointed by: Term Limit:
··----------------
12/31/2013 City Commission 12/31/15
12/31/2012 City Commission 12/31/16
12/31/2013 City Commission 12/31/13
12/31/2012 City Commission 12/31/15
12/31/2012 City Commission 12/31/16
12/31/2012 City Commission 12/31/14
Applicants Position/Title
Beth Dunlop
Elizabeth Pines
Guy Simani
Jeffrey Cohen
John Stuart
Marilys Nepomechie
Raymond Adrian
490
Page28of51
Board and Committees Current Members
Miami Beach Cultural Arts Council
Composition:
Three (3) years term.
Vacancies submitted by slate of candidates provided by the council.
Sec. 2-51
Eleven (11) members to be appointed at-large by a majority vote of the Mayor and City Commission.
Effective December 31, 2001, concurrent with the expiration of the terms of six (6) members of the
council, and the resulting vacancies thereon, three (3) members shall be appointed for three (3) year
terms each, provided that one of those appointments shall be to fill the vacancy of the one (1) year
term expiring on December 31, 2001, and three (3) members shall be appointed for two (2) year
terms each. Additionally, effective December 31, 2002, no council member may serve more than six
(6) consecutive years.
City Liaison: Gary Farmer
Vacancy:
Members:
Name
To replace Ileana
Bravo-Gordon
Last Name Position/Title
12/31/2012 City Commission
Term Ends: Appointed by: Term Limit:
----------------------·----·--··-------------------·-·-···-----
Beatrice Hornstein
Charles Million
Daniel Novela
Eda Valero-Figueira
Gregory Melvin
Isadore Havenick
Marjorie O'Neill-Butler
Merle Weiss
Nina Duval
Zoila Datorre
Applicants
Amanda Rodrigues Smith
Antoinette Zel
Calvin Kohli
Elizabeth Pines
George Durham
Jean Fils
Jonathan Parker
Kumar Prakash
Mark Alhadeff
Michael McManus
Monica Harvey
Nathaniel Korn
Patti Hernandez
Rebecca Diaz
Robert Newman
Wetherington Janda
Afonday,Aiay21,2012
Position/Title
12/31/2012 City Commission
12/31/2013 City Commission
12/31/2012 City Commission
12/31/2014 City Commission
12/31/2014 City Commission
12/31/2013 City Commission
12/31/2012 City Commission
12/31/2013 City Commission
12/31/2013 City Commission
12/31/2014 City Commission
Applicants
Annette Fromm
Brian Levin
Darin Feldman
Eugenio Cabreja
Janda Wetherington
Jenna Ward
Karlene Mcleod
Maria Cifuentes Marrero
Melvin Brazer
Molly Leis
Monica Minagorri
Oliver Oberhauser
Paul Venetie
Robert Barrera
Tamra Sheffman
Zarco Cyn
491
Position/Title
Page33 of 51
12/31/15
12/31/17
12/31/15
12/31/14
12/31/15
12/31/13
12/31/15
12/31/17
12/31/13
12/31/14
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492
R9 -New Business and Commission Requests
R981 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.)
R982 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.)
AGENDA ITEM: R981-2
DATE: "-b -12...
493
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494
R9 -New Business and Commission Requests
R9C The Committee Of The Whole Will Meet During Lunch Recess Of The June 6, 2012 City
Commission Meeting At The City Manager's Office Large Conference Room To Discuss
Pending Issues With Department Directors And Assistant Directors.
(Requested by City Commission)
Agenda Item ~ q C..
Date &-h:t '2.-
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R9 -New Business and Commission Requests
R9D The Committee Of The Whole Will Meet During Lunch Recess Of The June 6, 2012 City
Commission Meeting At The City Manager's Office Large Conference Room To Discuss:
1) The Status Of The FY 2012/13 Budget; And 2) The Proposed FY 2012/13 Mayor And
Commission Office Budget.
(Budget & Performance Improvement)
497
Agenda Item R'l D
Date 6-b-l 'L
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R9 -New Business and Commission Requests
R9E Discuss Selection Of Interim City Manager Appointment.
(Requested by City Commission)
499
Agenda Item Rq E
Date b-b-12
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500
(9 MIAMIBE CH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Mr. Jorge Gonzalez, City Manager
Mr. Rafael Granado, City Clerk
Commissioner Deede Weithorn
May 21,2012
Discussion Item:
City Clerk
MEMORANDUM
Section 4.02 (c) of the City Charter empowers the City Manager to appoint and remove all
department heads expect for the Legal Department. As currently written, this section of the
Charter authorizes the City Manager to appoint and remove the City Clerk.
I would like to request that a discussion item be placed on the June Commission Meeting
agenda as to whether the City Charter should be amended to provide that the position of City
Clerk should be appointed by, and report directly to, the City Commission (as already
established with the positions of City Manager and City Attorney), or whether the City Clerk
ought to remain a City employee who is hired by and reports directly to the City Manager.
If the City Commission wishes to proceed with the proposed change, I will direct the City
Attorney's Office to draft a resolution for the appropriate ballot language to be presented for
approval at the July City Commission Meeting.
Should you have any questions and/or concerns, please do not hesitate to contact my office at
extension 7105.
Thank you.
We are committed to providing excellent public seNice and safe·,· to all who live, work, and play in our vibl
501
Agenda ltem----:R--:..~..:..F __
Date "-h-J'L __ __;;---'t....::::::.....
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502
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Jonah Wolfson, Commissioner
DATE: May 29th, 2012
SUBJECT: Agenda Discussion Item
Please place on the June sth, 2012 Commission Meeting Agenda a discussion item on the
status and progress of the Stormwater Master Plan.
If you have any questions, please contact Leonor Hernandez at extension 6437.
JW/Ih
We are commilled to providing excellent public service and safe\ to all who !tve, work, and play in oui Agenda ltem __ R_~_G-__ _
503
Date-----"6_-h;:;,..-...... I...:L::;;._
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504
~ MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
. MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Ed Tobin, Commissioner
DATE: May 30, 2012
SUBJECT: Item for discussion for June 6th, Commission Meeting
Please place on the June 6, 2012 Commission Meeting Agenda: Discussion regarding
· commercial use of residential property. Could you please provide a time certain for this
agenda item.
If you have any questions please contact, Dessiree Kane at Extension 627 4
ET/dk
. . , Agenda Item R '1 H We are committed to providmg excellent pubhc service and safer; to all who iive, work, and play in ou ___ ...;._ __
Date 6-b-t'Z.-_..;;..._;:;;.._,;:........;;;.. __
505
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506
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: jorge M. Gonzalez, City Manager
FROM: Jonah Wolfson, Commissioner
DATE: May 3 P1
, 2012
SUBJECT: Discussion Item for June 6th, 2012 Commission Meeting
Please place on the june 6 1h, 2012 Commission Agenda a discussion about limiting the
sort of items the Commission and Manager shall pursue in the Manager's remaining days.
This includes, but is not limited to, the pursuit of significant policy, vision, spending, or
contractual items. However, this would not include the Commission's efforts with the
Ethics Commission, Inspector General, Audits, or related topics.
If you have any questions, please do not hesitate to contact my office at extension 6437.
JW/Ih
VVe are commitied to providing excellent oublic seJYice and safer,· to ali who live, work, and piav in our Agenda Item Rq I
· · · · Date ~-b-JZ-
507
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508
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez/ City Manager
FROM: Jonah Wolfson/ Commissioner
DATE:
SUBJECT: Agenda Discussion Item
Please place on the June 6 1h1 2012 Commission Meeting Agenda an item to discuss
reviewing the Code and repealing laws that are not necessary.
If you have any questions/ please contact Leonor Hernandez at extension 6437.
JW/Ih
Agenda Item R q J ------We are committed to p1oviding excellent public se1vice and safety to ali who iive, work, and play in oJ Date b-b.-( z_
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R10
CITY ATTORNEY REPORTS
511
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
FROM: Jose Smith, City Atto
DATE: June 6, 2012
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. Aqua Master Association. Inc. vs. lmer Mata. et al., Case No. 12-16097 CA 20 (Circuit
Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a condominium lien on real property located at 213 Ari
Way, Miami Beach, Florida. The Summons and Complaint were served on the City on
April 26, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on May 3, 2012.
2. Anna Gomez, as Personal Representative for the Estate of Angel Gomez vs. City of
Miami Beach, et al. Case No. 08-47680 CA 08 (Circuit Court-11th Judicial Circuit In and
for Miami Dade County).
The City was served with this complaint on April 26, 2012 alleging that on May 28, 2010,
the decedent, Angel J. Gomez, while walking with his wife along the sidewalk and
surrounding area adjacent to the Santa Barbara Hotel, and the property owned by 1920
Collins Realty LLC, came to an area which had been flooded. While attempting to
negotiate around the standing water, Angel J. Gomez, lost his footing, either slipping on
the dangerous condition caused by the standing water run-off, and/or the condition of the
sidewalk, and fell, striking his head and subsequently died. They are suing the City and
the adjacent property owners, Santa Barbara Apartments, LLC, and 1920 Collins Realty,
LLC for wrongful death. We shall file our answer to the complaint and propound
discovery to the plaintiff.
3. Luis Almonte v. City of Miami Beach, Case No. 12-12755 CA 31 (Circuit Court-11th
Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on April 27, 2012 alleging that on July 3, 2011,
the plaintiff, Luis Almonte, was injured when Officer Derick Kuilan, while on duty and
within the course and scope of his employment, was operating an A TV with the
knowledge and consent of the City of Miami Beach. While it was still dark at or near the
sand at Fourth Street on South Beach, he negligently operated and/or maintained the
A TV and ran over and injured the plaintiff, Luis Almonte, along with another beachgoer,
who were walking on the beach at the time.
513
Agenda Item RIO A
Date f,-,·12_
City Attorney's Report
June 6, 2012
Page2
Plaintiff is suing the City and Officer Kuilan individually. The complaint also alleges that
the officer was intoxicated while operating the ATV and that the City did not adequately
train, instruct and supervise Officer Kuilan. We shall file our answer to the complaint and
propound discovery.
4. EUA Real Estate, LLC vs. Luis A. Salgado et al., Case No. 12-17699 CA 30 (Circuit
Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to quiet title on real property located at 6345 Collins Avenue, Unit 909,
Miami Beach, Florida. The Summons and Complaint were served on the City on May 8,
2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on May 21, 2012.
5. The Bank of New York Mellon Trust Company vs. Beverly J. Tarnow, et al., Case No.
12-17447 CA 08 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action to foreclose a mortgage on real property located at 819 2nd Street,
Miami Beach, Florida. The Summons and Complaint were served on the City on May 9,
2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on May 10, 2012.
6. Bank of America, N.A. vs. Ocean Point Association, Inc., et al., Case No. 10-12245 CA
24 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 345 Ocean Drive,
Unit 1026, Miami Beach, Florida. The Summons and First Amended Complaint were
served on the City on May 9, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on May 10, 2012.
7. Principal Lenders Group, Inc. vs. Oscar Sanchez, et al., Case No. 12-17077 CA 42
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 367 NW 7 Street,
Miami, Florida. The Summons and Complaint were served on the City on May 11, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on May 23, 2012.
514
City Attorney's Report
June 6, 2012
Page3
8. Digna C. Mesa vs. City of Miami Beach, and Miami Dade County Case # 12-18276
CA01 (Circuit Court -11th Judicial Circuit In And For Miami Dade County).
The City was served with this complaint on May 11, 2012 alleging that on February 14,
2009, the plaintiff, Digna C. Mesa, fell on the sidewalk at West Avenue and 11th Street,
Miami Beach, because the side walk was uneven. He alleges that the sidewalk is owned
by the co-defendants in the suit. He also alleges that he was injured as a result of the fall
and is seeking damages. We shall file our answer and propound discovery.
9. LeaseFiorida 5th St., LLC. vs. Plaza Hotel, LLC et al.. Case No. 12-18755 CA59 (Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 418 -426 Meridian
Avenue, Miami Beach, Florida. The Summons and Complaint were served on the City
on May 15, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes will be timely filed.
10. Bank of America, N.A. vs. Guillermo Torres et al., Case No. 12-19051 CA 24 (Circuit
Court -11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 552 Euclid Avenue,
Unit 9, Miami Beach, Florida. The Summons and Complaint were served on the City on
May 21, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on May 23, 2012.
11. Sandra Burton vs. City of Miami Beach. Case No. 12-18152 CA 08 (Circuit Court-11th
Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on May 17, 2012 alleging that on August 30,
2011, the plaintiff, Sandra Burton, parked her vehicle at the public parking garage owned
by the City of Miami Beach at Lincoln Road and Pennsylvania Avenue in Miami Beach,
Florida. After she parked her car at said garage, she was walking on a walkway exiting
the garage when she tripped and fell due to a negligent condition in an area used by
pedestrians exiting the premises of the parking garage. The negligent condition was
indicated as hidden and uneven area in the pedestrian walkway, failure to provide safe
walking conditions for users of the garage, leaving an unmarked, hidden step in a
pedestrian walkway and failure to warn users of the garage of a dangerous and hidden
defect in pedestrian walkways.
The plaintiff is alleging injuries, pain and suffering, loss of earnings, loss of ability to earn
money and aggravation of a previously existing condition which are permanent and
continuing in nature. We shall file our answer and propound discovery to the plaintiff.
515
City Attorney's Report
June 6, 2012
Page4
12. Bank of America, N.A. vs. Carlos A. Hernandez, et al., Case No. 10-43925 CA 13
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1021 Calife Street,
Opa Locka, Florida. The Summons and Verified Amended Complaint were served on the
City on May 21, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on May 23, 2012.
13. New York Community Bank vs. Guillermo Gasparini, et al., Case No. 12-19109 CA 15
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 552 Euclid Avenue,
Unit 9, Miami Beach, Florida. The Summons and Complaint were served on the City on
May 21, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes was filed on May 24, 2012.
14. Deutsche Bank National Trust Company vs. Barbara Fernandez. et al., Case No. 12-
18947 CA 32 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 9135 SW 125
Avenue, Unit 205-P, Miami, Florida. The Summons and Complaint were served on the
City on May 22, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes will be timely filed.
15. Florida Capital Bank, N.A. vs. Prema, LLC, et al., Case No. 11-17438 CA 03 (Circuit
Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1615 NE Miami
Place, Miami, Florida. The Summons and Complaint were served on the City on May 23,
2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes will be timely filed.
JS/SHRIEB/Ir/mem
F:\ATTO\AAOFF\AAOFF\FILE.#S\Status report CAO 060612.doc
516
REPORTS
AND
INFORMATIONAL ITEMS
517
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0
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m :s::
CJ)
Reports and Informational Items
(see LTC #148-2012)
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)>
Commission Agenda, June 6, 2012
Miami Beach Redevelopment Agency
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
June 6, 2012
Chairperson of the Board Matti Herrera Bower
Member of the Board Jorge Exposito
Member of the Board Michael Gongora
Member of the Board Jerry Libbin
Member of the Board Edward L. Tobin
Member of the Board Deede Weithorn
Member of the Board Jonah Wolfson
Executive Director Jorge M. Gonzalez
Assistant Director Jorge Gomez
General Counsel Jose Smith
Secretary Rafael E. Granado
1. NEW BUSINESS
AGENDA
A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment
Agency Approving And Authorizing The Chairperson And Secretary To Execute
Amendment No.2 To That Certain Retail Lease Agreement By And Between The City Of
Miami Beach, The Miami Beach Redevelopment Agency And Penn 17, LLC. (Lessee),
Dated September 16, 2011, Involving The Lease Of Approximately 7,655 Square Feet Of
Ground Floor Retail Space At The Pennsylvania Avenue Garage, 1661 Pennsylvania
Avenue, Miami Beach, Florida; Said Amendment Providing For The Following: 1) An
Abatement Of One (1) Month's Rent And Deferring An Additional Two (2) Months' Rent To
Be Paid By The Lessee In Lump Sum Or In Thirty Six (36) Equal Monthly Installments,
Commencing In The Third Year Of The Lease Term, And Ending On The Last Day Of The
Fifth Year Of The Lease Term; 2) Increasing The Size Of The Tenant's Additional Area
(Storage Space), As Defined In Section 3.11 Of The Lease, To Include An Additional 284
Square Feet (Formerly Designated For Storage Of The Building's Flood Panels); 3)
Increasing The Charge For Common Area Maintenance (CAM) From $98,850 Per Year,
To $101,690, To Reflect The Increase In The Size Of The Storage Space; And 4)
Providing For The Construction Of A New Replacement Enclosure, At The Tenant's Sole
Cost And Expense, For The Storage Of Flood Panels. Joint Redevelopment Agency
And City Commission
(Real Estate, Housing & Community Development)
17
523
MIAMI BEACH
Miami Beach Redevelopment Agency
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
HOW A PERSON MAY APPEAR BEFORE THE REDEVELOPMENT AGENCY
OF THE CITY OF MIAMI BEACH, FLORIDA
The regularly scheduled meetings of the Redevelopment Agency are established by Resolution and are
generally held on the same day the Miami Beach City Commission holds their regularly scheduled
meetings. The Redevelopment Agency meetings commence at 10:00 a.m.
1. Jorge M. Gonzalez has been designated as the Agency's Executive Director.
Robert Parcher has been designated as the Agency's Secretary.
2. Person requesting placement of an item on the agenda must provide a written statement to the
Agency Executive Director, 4th Floor, City Hall, 1700 Convention Center Drive, telephone 673-
7285, outlining the subject matter of the proposed presentation. In order to determine whether or
not the request can be handled administratively, an appointment will be set up to discuss the matter
with a member of the Executive Director's staff. Procedurally, "Request for Agenda Consideration"
will not be placed upon the Agency agenda until after Administrative staff review. Such review will
ensure that the issue has been addressed in sufficient detail so that the Agency members may be fully
apprised of the matter to be presented. Persons will be allowed three (3) minutes to make their
presenta.tion and will be limited to those subjects included in their written request. Such written
requests must be received in the Executive Director's office no later than noon on Tuesday of the
week prior to the scheduled Agency meeting to allow time for processing and inclusion in the
agenda package.
3. Once an agenda for the Redevelopment Agency meeting is published, and a person wishes to speak
on items listed on the agenda, he/she may call or come to the Agency Secretary's Office, 1st floor,
City Hall, 1700 Convention Center Drive, telephone 673-7 411, before 5:00p.m., on the Tuesday
prior to the Agency meeting and give their name, the agenda item to be discussed and, where
known, the agenda item number.
The Agency agenda is available via the City's website, (www.miamibeachfl.gov) on the Friday prior to
the Agency meeting or may be reviewed at the Agency's Secretary Office (City Clerk's Office) on the
Monday prior to the Agency's regular meeting.
4. All persons who have been listed by the Agency Secretary to speak on the agenda item in which
they are specifically interested, will be allowed up to three (3) minutes to present their views.
Robert Parcher
Agency Secretary
F:\CLER\CLER\CITYCLER\RDA Agenda .V3.doc
March 5, 2007
524
REDEVELOPMENT AGENCY ITEM SUMMARY
\ ' '\
Condensed Title:
A Resolution approving a Amendment No. 2 to that certain Retail Lease Agreement by and between the City of Miami Beach,
the Miami Beach Redevelopment Agency and Penn 17, LLC., (Tenant) dated September 16, 2011, involving the lease of
approximately 7,655 square feet of ground floor retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue,
Miami Beach, Florida (the Lease); said Amendment No.2: 1) abating one (1) month's rent and deferring an additional two {2)
months' rent to be repaid by the Tenant in thirty six (36) equal monthly installments from year three to five of the Lease, together
with regular payments of rent, taxes and Common Area Maintenance (CAM) costs, commencing in the first day of the third Lease
Year of the Lease Term; 2) increasing the size ofthe Tenant's Additional Area (Storage Space}, as defined in section 3.11 of the
Lease, to include an additional284 square feet, currently designated for storage of the building's flood panels; 3) increasing the
charge for Common Area Maintenance (CAM) from $98,850 per year to $101 ,690 to reflect the increase in size of the Additional
Area; and 4) constructing, at the Tenant's sole cost and expense, a new replacement enclosure for the storage of flood panels,
subject and pursuant to the satisfaction and approval of the RDA.
Key Intended Outcome Supported:
Increase resident satisfaction with the level of services and facilities.
Supporting Data (Surveys, Environmental Scan, etc.):
Approximately 40% of retail businesses surveyed, rank Miami Beach as one of the best places to do business and 61% of
the same group would recommend Miami Beach as a place to do business.
Issue:
I Shall the RDA approve Amendment No. 2 to the Lease Agreement?
Item Summary/Recommendation:
The lessee has been diligently engaged in the process of developing their leased space. While the lessee was afforded time prior
to when rent payments would begin, the lessee encountered unanticipated delays and requested the City consideration of an
additional rent abatement. Additionally, the Lessee requested a modification of the their Additional (Storage) Area, to incorporate
an additional 284 square feet of space, currently used for storage of the garage facility's flood panels. Such modification will
result in a corresponding increase in Common Area Maintenance (CAM) costs of $2,840 annually for the Lessee, and in turn this
will require construction of a new storage enclosure in the garage to store the panels at the Lessee's sole cost and expense. The
request was taken to the Finance and Citywide Projects Committee at its meeting on May 19, 2012, at which time the above was
discussed and the request considered.
The Administration recommends entering into Amendment No. 2 to the Lease Agreement, providing for:
1. An abatement of one {1) month's rent and deferral of an additional two (2) months' rent to be paid by the Tenant in
lump sum or in thirty six (36) equal monthly installments, together with regular payments of rent, taxes and Common
Area Maintenance (CAM) costs, commencing on the first day of the third lease year of the lease term and ending on the
last day of the fifth lease year, to address the unanticipated delays encountered by the lessee;
2. An increase in size of the Tenant's Additional Area (Storage Space), as defined in section 3.11 of the Lease, to include
an additional 284 square feet, currently designated for storage of the building's flood panels, to provide additional
storage space for the lessee;
3. An increase in the charge for Common Area Maintenance (CAM) from $98,850 per year to $101,690 to reflect the
increase in size of the Additional Area; and 4) construction of a new replacement enclosure for the storage of flood
panels, at the Tenant's sole cost and expense and subject to the satisfaction and approval of the RDA, to secure the
appropriate rent for the increased space.
19, 2012-Recommended a roval
Financial Information:
Source of Funds: n/a I 1 Amount 1 Account
I I n/a
Financial Impact Summary:
Department Director
AP ____ _
T:\AGENDA\2012\June 6, 2012\Consent\Penn 17 LLC Agreement Amendment RDA Summ.doc
C9 MIAMI BEACH 525
AGENDA ITEM I A
DATE '-4-12...
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
REDEVELOPMENT AGENCY MEMORANDUM
Chairperson and Members of the Miami Beach Redevelopment Agency
Jorge M. Gonzalez, Executive Director \~/""if
June 6, 2012 u Q
A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY, APPROVING AND AUTHORIZING THE
CHAIRPERSON AND SECRETARY TO EXECUTE AMENDMENT NO.2 TO
THAT CERTAIN RETAIL LEASE AGREEMENT BY AND BETWEEN THE CITY
OF MIAMI BEACH, THE MIAMI BEACH REDEVELOPMENT AGENCY AND
PENN 17, LLC. (LESSEE), DATED SEPTEMBER 16, 2011, INVOLVING THE
LEASE OF APPROXIMATELY 7,655 SQUARE FEET OF GROUND FLOOR
RETAIL SPACE AT THE PENNSYLVANIA AVENUE GARAGE, 1661
PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA; SAID AMENDMENT
PROVIDING FOR THE FOLLOWING: 1) AN ABATEMENT OF ONE (1)
MONTH'S RENT AND DEFERRING AN ADDITIONAL TWO (2) MONTHS' RENT
TO BE PAID BY THE LESSEE IN LUMP SUM OR IN THIRTY SIX (36) EQUAL
MONTHLY INSTALLMENTS, COMMENCING IN THE THIRD YEAR OF THE
LEASE TERM, AND ENDING ON THE LAST DAY OF THE FIFTH YEAR OF THE
LEASE TERM; 2) INCREASING THE SIZE OF THE TENANT'S ADDITIONAL
AREA (STORAGE SPACE), AS DEFINED IN SECTION 3.11 OF THE LEASE, TO
INCLUDE AN ADDITIONAL 284 SQUARE FEET (FORMERLY DESIGNATED
FOR STORAGE OF THE BUILDING'S FLOOD PANELS); 3) INCREASING THE
CHARGE FOR COMMON AREA MAINTENANCE (CAM) FROM $98,850 PER
YEAR, TO $101,690, TO REFLECT THE INCREASE IN THE SIZE OF THE
STORAGE SPACE; AND 4) PROVIDING FOR THE CONSTRUCTION OF A
NEW REPLACMENT ENCLOSURE, AT THE TENANT'S SOLE COST AND
EXPENSE, FOR THE STORAGE OF FLOOD PANELS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On April13, 2011, the Mayor and City Commission passed Resolution No. 2011-27647, approving a
Lease Agreement (the Lease), having a term of nine (9) years and 364 days, between the City, the
RDA and Penn 17, LLC (Tenant), for use of approximately 7,807 square feet of ground level retail
space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida, for a
restaurant (primary use), with ancillary uses for a bakery, a bar/cafe, and a book and gift shop (the
Premises). The space was initially built to be able to be subdivided to accommodate up to seven
tenants. However, since the opening of the facility in October, 2010, the City's Broker, Koniver
Stern, received very little interest from retail tenants. Instead, most inquires came from three food
and beverage businesses, one of which culminated in an initial offer for the space. However, the
offer was almost as soon withdrawn once the prospective tenant realized the extensive challenges
526
Redevelopment Agency Memorandum
Penn 17, LLC-Retail Lease Amendment No.2
June 6, 2012
Page 2 of 5
and costs associated with re-engineering the space for use as a restaurant, as well as the
architectural impediments to venting the kitchen exhaust.
In February, 2011, the City's Broker was able to secure the interest of the current approved Tenant,
whose background in the restaurant industry is well suited to taking on the cost of building out the
space, which at the very least would have to include the installation of a grease trap, additional sub-
grade plumbing and, as noted above, venting of the kitchen exhaust, none of which were provided
for in the design of the space.
Forth is reason, the Resolution approving the Lease with Penn 17, LLC also approved the execution
of a Pre-Lease Due Diligence Review Agreement, granting the Tenant a maximum of six (6) months
following approval of the Lease, in which to reserve its leasing rights while advancing design and
plan development, and consulting with the City's Planning and Building Departments in order to
ascertain the feasibility of obtaining a full building permit prior to actual commencement of the
Lease. The Pre-Lease Agreement expired on October 13, 2011. It contained two milestones:
requiring the Tenant to have a) entered into a contract with a licensed architect/engineer; and, b) to
have submitted a complete application for a building permit, evidenced by the issuance of a building
permit process number by August 13, 2011. However, due to the aggressiveness of the schedule
involved, as well as the complexity associated with addressing some ofthe design issues, including,
but not limited to, the installation of grease traps, additional sub-grade plumbing and kitchen exhaust
venting, the Tenant was unable to meet this deadline. Consequently, the Tenant was faced with two
options, automatic termination of the Lease and forfeiture of its $25,000 Pre-Lease deposit to the
City, or electing to execute the Lease and crediting the $25,000 towards its security deposit, albeit
without the benefit of a building permit in place. On August 29, 2011, in accordance with the
provisions of the Pre-Lease Agreement, the Tenant elected to proceed with the execution of the
Lease, committing to an October 13, 2011 Commencement Date as well as establishing a
$1,000,000 escrow construction fund. Shortly after the execution of the Lease, the Tenant formally
engaged Design 3 Architects (Architect) to further develop and finalize the plans for permitting.
The execution of the Lease also provided the Tenant with legal control of the site and the ability to
formally commence the permitting process. However, since plan development was still in process,
the Building Department allowed the Tenant to start off by submitting partial plans for review and
approval. In order to expedite work at the Premises and in consideration of the extensive and
delicate scope involved in the demolition and sub-grade work that needs to precede the interior
build-out, the Tenant's Contractor, Halloran Construction, applied for a separate permit for partial
interior demolition of the space, which was approved by the Building Department on January 19,
2012. Demolition of the slab began the week of January 23, 2012, in preparation for the installation
of additional plumbing fixtures, grease trap structures and other utilities necessary for restaurant's
operation. The Master Permit for the interior build-out of the space was finally issued on March 23,
2012, based on which the Contractor estimates substantial completion by late August, 2012.
On February 8, 2012, unrelated to the plan development and permitting process, the City and the
RDA approved Amendment No. 1 to the Lease Agreement, adjusting the square footage of the
Premises from 7,807 square feet to 7,655 square feet, in response to a formal survey of the space
that was conducted as part of City's condominiumization process to preserve the tax exempt status
of the municipal parking garage portion of the building. The Amendment further reduced the
Tenant's annual base rent from $585,525 to $574,125, as well as the Common Area Maintenance
(CAM) costs from $100,370 per year to $98,850 per year. The monthly rent is currently $47,844
plus CAM in the amount of $8,237.
2
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Redevelopment Agency Memorandum
Penn 17, LLC-Retail Lease Amendment No.2
June 6, 2012
Page 3 of5
ANALYSIS
1) Proposed One-Month Rent Abatement and Deferral of Two Months' Rent
As noted earlier, the Pre-Lease Agreement committed the Ten ant to an aggressively ambitious
schedule by which to submit plans for permitting, especially given the uncertainty associated with
some of the unknown design and structural issues involved in converting a space not built for use as
a restaurant. Clearly, in electing to proceed with the Lease, the Tenant had some level of assurance
that these challenges could in fact be resolved, but couldn't be sure of the timing involved since the
Architect was only formally engaged upon execution of the Lease.
As plan development progressed, it became apparent that some of the challenges in converting the
space proved considerably more complex and time-consuming than originally anticipated,
particularly related, but not limited to, the engineering and permitting of the venting for the kitchen
exhaust; installing not one but a system of multiple grease traps; the build-out of the storage room
and particularly the design of the structural slab; restoration of the existing structural slab in the
Premises following partial demolition to install the plumbing; and addressing additional flood-
proofing criteria. The plans have also undergone extensive revisions to address comments and
concerns raised by the Building Department, as well as certain other regulatory agencies, as part of
the permitting review process.
As a result of these delays, it is anticipated that the opening date, originally planned for April, 2012,
is now pushed back to late August. However, the Lease Agreement, in acknowledgement of the
Tenant's originally anticipated schedule and level of investment, currently provides a six-month rent
credit, with rent payments that formally commenced on April 13, 2012. It bears noting that in
addition to the unanticipated delays associated with the permitting process, the Tenant has stated
that it also anticipates a corresponding increase in the cost ofthe project. Additionally, in anticipation
of the April opening date, the Tenant already proceeded to hire the restaurant's executive staff and
started its payroll on March 1st. Based on the foregoing, the Tenant is requesting an additional
three-month rent credit to offset these additional and unforeseen expenses.
In considering the Tenant's request, the Administration does not believe that difficulties associated
with the actual permitting review process should be a factor for consideration, particularly since the
City has already granted the Tenant a 12-month period in which to preempt and address these very
issues and since the issues encountered aren't necessarily uncommon for a project of this nature on
Miami Beach. However, based on the chronology of events since the approval of the Lease and
Pre-Lease by the City Commission on April14, 2011, the Tenant's claim concerning the extensive
amount of additional time involved in addressing and permitting some of the larger, unanticipated
regulatory requirements may provide justification for granting a portion of the additional rent credit.
Therefore, out of consideration of the Tenant's ongoing commitment and level of investment in the
Restaurant Space, staff supports an abatement of one-month's rent, together with a deferral of an
additional two months' rent, to be paid in lump sum or in thirty six (36) equal monthly installments
together with the Tenant's regular payments of rent, taxes and Common Area Maintenance (CAM),
commencing in the third year of the lease term and ending on the last day of the fifth year of the
lease term.
3
528
Redevelopment Agency Memorandum
Penn 17, LLC-Retail Lease Amendment No.2
June 6, 2012
Page4 of5
2) Modification of Tenant's Additional Area (Storage Space)
The Tenant's Lease currently provides for use of an area located beneath the garage ramp
comprising approximately 2,230 square feet of unfinished, and until recently, inaccessible space (as
reflected in the floor plan included as Exhibits 'J!\" and "A-1" to this memorandum). Pursuant to the
Lease, the Tenant is in the process of building out this area to render it usable for walk-in
refrigerated food and beverage storage, dry storage, certain food preparation and for general
deliveries. The Tenant's work includes creating an access door, installing lighting, electricity,
plumbing, life-safety systems, pouring floor slab and installing refrigerators and storage enclosures.
Immediately adjacent to this area is an existing 284 square foot storage room used to store the
building's flood barrier panels. In order to properly level and tie in with the existing slab under the
panel storage room, the Tenant's work mandated the removal of the interior walls in this space,
which in effect squares off the entire space beneath the ramp as one contiguous area. While the
Tenant's plans provide for restoration of the City's storage panel room in the same location, the
Tenant is instead proposing to retain and incorporate this space as part its storage area and to
construct, at its sole cost and expense, a new floor-to-ceiling enclosure for the City in an alternate
and unused space located on the ground floor of the garage (reflected in the attached floor plan).
The proposed modification of the storage area not only improves its overall functionality, but also
greatly compensates for the loss of headroom towards the back of the space where the slope of the
ramp meets the new slab. The proposal was welcomed by both Parking and Property Management
since the new flood panel storage would not only be significantly more accessible than its current
location, but would also preclude interfering with deliveries and restaurant staff going about its work
in the storage area. The Building Department has also conceptually approved this modification.
Pursuant to the Lease, the Tenant currently pays the established Common Area (CAM) rate of
$10.00 per square foot for use of the storage space. The additional 284 square feet will increase
CAM by $2,840, from $98,850 to $101 ,690 annually. In acknowledgment of the significant added
value created by the Tenant's build-out of this previously unusable area of the garage, staff supports
and recommends approving this minimal modification and amending the Lease accordingly.
FINANCE AND CITYWIDE PROJECTS COMMITTEE RECOMMENDATION
At the May 17th meeting of the Finance and Citywide Projects Committee (F&CWPC), staff
recommended approving an abatement of one (1) month's rent and a deferral of an additional two
(2) months' rent, to be paid in lump sum or in thirty six (36) equal monthly installments together with
the Tenant's regular payments of rent, taxes and Common Area Maintenance (CAM), commencing
in the third year of the lease term and ending on the last day of the fifth year of the lease term. Staff
further recommended approving the modification of the Tenant's Additional (Storage) Area, which as
noted above, will provide for an additional 284 square feet of space, a corresponding increase in
CAM of $2,840 annually and is conditioned upon construction of a new enclosure to store the
facility's flood panels.
The F&CWPC wanted to be sure that in light of the City's investment to improve Pennsylvania
Avenue, that the use of the sidewalk for outdoor seating by the Tenant would include substantive
maintenance requirements. The Administration informed the Committee that the Tenant's use of the
sidewalk would be governed by a separate sidewalk cafe permit which is subject to very specific
maintenance and cleanliness-related standards and conditions set forth in the City's Sidewalk Cafe
Ordinance, which generally include, but are not limited to maintaining the area of the sidewalk, curb
and gutter, immediately adjacent to the restaurant/cafe clear of dirt and debris during hours of
operation and again at close of business each day; pressure cleaning the floor surface on which the
outdoor seating area is located at the close of each business day; and maintaining tables, chairs,
umbrellas and any other sidewalk cafe furniture in a clean, attractive and orderly appearance and in
4
529
Redevelopment Agency Memorandum
Penn 17, LLC-Retail Lease Amendment No.2
June 6, 2012
Page 5 of5
good repair at all times.
The F&CWPC recommended in favor of amending the Lease Agreement as proposed.
CONCLUSION AND RECOMMENDATION
Pursuant to the action of the Finance Committee, staff recommends approving a Second
Amendment No. 2 to the Lease Agreement between the Tenant and the RDA to reflect such
recommendations as follows:
1) Granting the Tenant a one (1) month rent abatement and deferring an additional two (2)
months' rent to be paid by the Tenant in lump sum or in thirty six (36) equal monthly
installments together with regular payments of rent, taxes and Common Area Maintenance
(CAM) costs, commencing in the third year of the Lease Term and ending on the last day
of the fifth year of the Lease Term;
2) Increasing the size of the Tenant's Additional Area (Storage Space), as defined in section
3. 11 of the Lease, to include an additional 284 square feet, currently designated for
storage of the building's flood panels;
3) Increasing the charge for Common Area Maintenance (CAM) from $98,850 per year to
$101,690 to reflect the increase in size of the Additional Area; and
4) Constructing, at the Ten ant's sole cost and expense, a new replacement enclosure for the
storage of flood panels, subject and pursuant to the satisfaction and approval of the RDA.
Upon acceptance of the proposed modifications, the annual rent (excluding the approved one-
month abatement and two-month deferral) will be $675,815 or $56,318 monthly,(comprising
$47,844 per month in base rent and $8,474 per month in CAM).
JMG\HMF ~KOB Attachmen~ft\l
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5
530
1-m -J: >< w
531
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532
533
RESOLUTION NO. _____ _
A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE
CHAIRPERSON AND SECRETARY TO EXECUTE AMENDMENT NO.2 TO THAT
CERTAIN RETAIL LEASE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI
BEACH, THE MIAMI BEACH REDEVELOPMENT AGENCY AND PENN 17, LLC.
(LESSEE}, DATED SEPTEMBER 16, 2011, INVOLVING THE LEASE OF
APPROXIMATELY 7,655 SQUARE FEET OF GROUND FLOOR RETAIL SPACE
AT THE PENNSYLVANIA AVENUE GARAGE, 1661 PENNSYLVANIA AVENUE,
MIAMI BEACH, FLORIDA; SAID AMENDMENT PROVIDING FOR THE
FOLLOWING: 1) AN ABATEMENT OF ONE (1) MONTH'S RENT AND
DEFERRING AN ADDITIONAL TWO (2) MONTHS' RENT TO BE PAID BY THE
LESSEE IN LUMP SUM OR IN THIRTY SIX (36) EQUAL MONTHLY
INSTALLMENTS, COMMENCING IN THE THIRD YEAR OF THE LEASE TERM,
AND ENDING ON THE LAST DAY OF THE FIFTH YEAR OF THE LEASE TERM;
2) INCREASING THE SIZE OF THE TENANT'S ADDITIONAL AREA (STORAGE
SPACE}, AS DEFINED IN SECTION 3.11 OF THE LEASE, TO INCLUDE AN
ADDITIONAL 284 SQUARE FEET (FORMERLY DESIGNATED FOR STORAGE
OF THE BUILDING'S FLOOD PANELS); 3) INCREASING THE CHARGE FOR
COMMON AREA MAINTENANCE (CAM) FROM $98,850 PER YEAR, TO $101,690,
TO REFLECT THE INCREASE IN THE SIZE OF THE STORAGE SPACE; AND 4)
PROVIDING FOR THE CONSTRUCTION OF A NEW REPLACEMENT
ENCLOSURE, AT THE TENANT'S SOLE COST AND EXPENSE, FOR THE
STORAGE OF FLOOD PANELS.
WHEREAS, on April 13, 2011, the Mayor and City Commission adopted Resolution No.
2011-27647, approving a Lease Agreement (the "Lease"), between the City, the RDA and Penn 17
LLC. (Lessee), having a term of nine (9) years and 364 days, for use of approximately 7,807 square
feet of ground level retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue,
Miami Beach, Florida, for a restaurant (primary use), with ancillary uses for a bakery, a bar/cafe, and
a book and gift shop (the "Premises"); and
WHEREAS, on February 8, 2012, the Mayor and City Commission adopted Resolution No.
2012-0000, approving a First Amendment to the Lease, correcting the gross rentable retail space
from 7,807 square feet to 7,655 square feet, as well as providing for a corresponding reduction in
annual rent from $585,525 to $57 4, 125, and the cost of Common Area Maintenance (CAM) from
$100,370 per year to $98,850 per year; and
WHEREAS, in consideration of certain unforeseen delays and expenses encountered in the
permitting of the Tenant's improvements, the City Administration recommends that Tenant be
granted an abatement of one month's rent, together with a deferral of an additional two months'
rent, to be paid by Tenant in lump sum or in thirty six (36) equal monthly installments, together with
the Tenant's regular payments of rent, taxes and Common Area Maintenance (CAM}, commencing
on the first day of the third year of the Lease Term and ending on the last day of the fifth year of the
Lease Term; and
WHEREAS, the Lease currently permits Tenant's use of an area located beneath the garage
ramp, comprising approximately 2,230 square feet of unfinished space (the "Additional Area"); and
WHEREAS, as part of the Tenant's build out of the Additional Area, the Tenant has asked to
incorporate an existing storage room, comprising 284 square feet, located adjacent to the Additional
Area, which is currently used by the City to store the Garage's flood barrier panels; and
WHEREAS, in exchange for granting Tenant the use of the storage room (as part of the
Additional Area), the Tenant has agreed to construct, at its sole cost and expense, a new
534
replacement enclosure for the storage of the aforestated flood panels, subject and pursuant to the
satisfaction and approval of the Landlord; and
WHEREAS, increasing the size of the Additional Area will also result in a corresponding
increase in Tenant's Common Area Maintenance Costs (CAM), from $98,850 per year, to $101,690
annually; and
WHEREAS, the City Administration hereby recommends that the Mayor and City
Commission approve and authorize the Mayor and City Clerk to execute Amendment No. 2 to the
Lease, memorializing the aforestated terms.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRPERSON AND MEMBERS
OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Chairperson and Members hereby
approve and authorize the Chairperson and Secretary to execute Amendment No. 2 to that certain
Retail Lease Agreement by and between the City of Miami Beach, the Miami Beach Redevelopment
Agency and Penn 17, LLC. (Lessee), dated September 16, 2011, involving the lease of
approximately 7,655 square feet of ground floor retail space at the Pennsylvania Avenue Garage,
1661 Pennsylvania Avenue, Miami Beach, Florida; said Amendment providing for the following: 1)
an abatement of one month's rent and deferring an additional two months' rent to be paid by the
Lessee in lump sum or in equal monthly installments commencing in the third lease year of the
Lease Term and ending on the last day of the fifth year of the Lease Term; 2) increasing the size of
the Tenant's Additional Area (Storage Space), as defined in section 3.11 of the Lease, to include an
additional 284 square feet, (formerly designated for storage of the building's flood panels); 3)
increasing the charge for Common Area Maintenance (CAM) from $98,850 per year to $101,690 to
reflect the increase in size of the Additional Area; and 4) providing for the construction of a new
replacement enclosure, at the Tenant's sole cost and expense, for the storage of flood panels.
PASSED AND ADOPTED THIS 6TH DAY OF JUNE, 2012.
CHAIRPERSON
ATTEST:
SECRETARY
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T:\AGENDA\2012\June 6\Consent Penn 17 LLC Amendment RDA RESO.doc
APPROVED AS TO
FORM & LANGUAGE
~;FOR CUTION
f>-)b-(1..
Date
535
AMENDMENT NO.2 TO THE RETAIL LEASE AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH, THE MIAMI BEACH REDEVELOPMENT AGENCY
AND PENN 17, LLC, DATED SEPTEMBER 16,2011, INVOLVING THE LEASE
OF APPROXIMATELY 7,655 SQUARE FEET OF GROUND FLOOR RETAIL
SPACE AT THE PENNSYLVANIA AVENUE GARAGE, 1661 PENNSYLVANIA
AVENUE, MIAMI BEACH, FLORIDA
This Amendment No. 2 (this "Amendment"), is made and executed as of this __ day of
___ , 2012 (the "Effective Date"), by and between the CITY OF MIAMI BEACH,
FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida
(the "City"), the MIAMI BEACH REDEVELOPMENT AGENCY, a public body corporate and
politic (the "RDA"), hereinafter referred to collectively as (the "Landlord"), and PENN 17, LLC.,
a Florida corporation, whose principal place of business is located 1661 Pennsylvania Avenue,
Suite 6, Miami Beach, Florida 33139 (the "Tenant")
RECITALS:
WHEREAS, on April 13, 2011, the Mayor and City Commission adopted Resolution No.
2011-27647, approving a Lease Agreement (the "Lease"), between the City, the RDA and Penn
17 LLC. (Lessee), having a term of nine (9) years and 364 days, for use of approximately 7,807
square feet of ground level retail space at the Pennsylvania Avenue Garage, 1661 Pennsylvania
Avenue, Miami Beach, Florida, for a restaurant (primary use), with ancillary uses for a bakery, a
bar/cafe, and a book and gift shop (the "Premises"); and
WHEREAS, on February 8, 2012, the Mayor and City Commission adopted Resolution
No. 2012-0000, approving a First Amendment to the Lease correcting the gross rentable retail
space from 7,807 square feet to 7,655 square feet as well as providing for a corresponding
reduction in annual rent from $585,525 to $574,125 and the cost of Common Area Maintenance
(CAM) from $100,370 per year to $98,850 per year; and
WHEREAS, in consideration of certain unforeseen delays and expenses encountered in
the permitting of the Tenant's improvements, the City Administration recommends that Tenant
be granted an abatement of one month's rent, together with a deferral of an additional two
months' rent, to be paid by Tenant in lump sum or in thirty six (36) equal monthly installments,
together with the Tenant's regular payments of rent, taxes and Common Area Maintenance
(CAM), commencing on the first day of the third year of the Lease Term and ending on the last
day of the fifth year of the Lease Term; and
WHEREAS, the Tenant's Lease currently provides for use of an area located beneath
the garage ramp comprising approximately 2,230 square feet of unfinished, space, (the
"Additional Area"); and
WHEREAS, as part of the Tenant's build out of the Additional Area, the Tenant has
asked to incorporate an existing storage room comprising 284 square located adjacent to the
Additional Area, which is currently used to store the Garage's flood barrier panels; and
WHEREAS, in exchange for granting Tenant the use of the storage room (as part of the
Additional Area), the Tenant has agreed to construct, at its sole cost and expense, a new
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Penn 17, LLC Lease Retail Lease
replacement enclosure for the storage of the aforestated flood panels, subject and pursuant to
the satisfaction and approval of the Landlord; and
WHEREAS, increasing the size of the Additional Area will also result in a
corresponding increase in Tenant's Common Area Maintenance Costs (CAM) from $98,850 per
year to $101,690 annually.
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, Landlord and Tenant hereby agree as follows:
1. The above Recitals are true and correct and incorporated herein by reference.
2. Section 8 of the Lease Summary, entitled "Gross Rentable Area of Premises/
Retail Space" is amended as follows:
Approximately 7,655 rentable square feet (in Suite G, as also shown in Exhibit "8"), plus
~ 2.514 square feet for Additional Area (Exhibit "8-1'').
3. The schedule in Section 18 of the Lease Summary, entitled "Cost Pass-
Throughs" is amended as follows:
Lease Year
1
2-10
Common Area Maintenance (CAM)
Cost per Square Foot
$10.00
See Note(*)
Monthly/Annual
Payment
$ 8,237/FRO $ 98,850/yr
$10. 169/mo-$101 .690/yr
See Note(*)
Note(*) Beginning on the second anniversary of the Lease Commencement Date, and
at the beginning of each succeeding year thereafter during the Term of the Lease, the
CAM rate shall be adjusted to reflect the actual pro-rata share of Property Taxes and
Insurance costs incurred by the Landlord during the previous calendar year.
4. Section 2.8 of the Lease, entitled "Landlord's Lien" shall become Section 2.10
5. A new Section 2.8, entitled "Rent Abatement" shall be added and
incorporated into the Lease and shall state as follows:
2.8 Rent Credit-Commencing retroactively on June 1, 2012. Tenant shall be entitled to
a one (1) month's abatement of Minimum Rent (of the June 2012 rent). in the amount of
$47,844 plus applicable state sales tax.
6. A new Section 2.9, entitled "Rent Deferral" shall be added and
incorporated into the Lease and shall state as follows:
2.9 Rent Deferral-Commencing on July 1, 2012, Tenant shall be entitled to a deferral of
two (2) months' Minimum Rent (of the July and August 2012 rent). in the amount of $95.688
plus applicable state sales tax. Said deferred rent shall be paid by Tenant. in a lump sum or in
thirty six (36) equal monthly installments of $2,658 each. together with (and in addition to)
2
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Amendment No.2
Penn 17, LLC Lease Retail Lease
Tenant's ongoing regular oavment of rent. taxes and Common Area Maintenance (CAM).
commencing (if paid in installments). on the first day of the third year of the Lease Term and.
ending on the last day of the fifth year of the Lease Term.
7. The last sentence in Section 3.11 of the Lease, entitled "Additional Area (Storage
Space)", shall be amended as follows:
In consideration of this, the Tenant shall be permitted to use~ 2.514 square feet,
and shall allow the balance to be used by the Landlord, at no charge to the Landlord.
8. Section 3.13, entitled "Tenant's Parking", shall become Section 3.14
9. A new Section 3.13, entitled "Flood Panel Storage" shall be added and
incorporated into the Lease and shall state as follows:
3.13 Flood Panel Storage -Tenant at its sole cost and expense. shall cause the
construction and installation of a replacement storage enclosure for the flood panels to be
located in the area identified in Exhibit B-1 of the Lease. The plans for the storage enclosure
shall be subject to the Landlord's. City Manager's (or his/her designee) review and approval.
10. Exhibit B-1 entitled "Site Plan and Location of Additional Area (Storage Space)"
shall be replaced with a revised Exhibit B-1, as attached hereto.
11. Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect.
WITNESS WHEREOF, this Amendment has been duly executed by the parties hereto
as of the day and year first above written.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
City Clerk Mayor
___ day of _____ , 2012.
3
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Amendment No.2
Penn 17, LLC Lease Retail Lease
ATTEST: MIAMI BEACH REDEVELOPMENT AGENCY
Secretary Chairperson
__ day of ____ , 2012.
PENN 17, LLC.
ATTEST:
President
Secretary
Print Name
___ day of _____ , 2012.
APPROVED AS TO
FORM & LANGUAGE
FOR CUTION
5\:JG\ ,1/
Date
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