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20120718 BMMIAMI BEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive July 18, 2012 Mayor Matti Herrera Bower Vice-Mayor Jorge R. Exposito Commissioner Michael G6ngora Commissioner Jerry Libbin Commissioner Edward L. Tobin Commissioner Deede Weithorn Commissioner Jonah Wolfson Interim City Manager Kathie G. Brooks 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. 1 Commission Agenda, July 18, 2012 Presentations and Awards PA1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For March And April 2012. (Requested by Vice-Mayor Jorge R. Exposito) PA2 Certificates Of Recognition To Be Presented To Officer Arthur Martineau And The Miami Beach Police Athletic League For Their Participation In The Beach Cleanup During Spring Break Weekend. (Requested by Vice-Mayor Jorge R. Exposito) PA3 Certificates Of Recognition To Be Presented To The Class Of 2012 Valedictorian And Salutatorian Of Rabbi S. Gross (RASG) Hebrew Academy. (Requested by Vice-Mayor Jorge R. Exposito) PA4 Certificates Of Recognition To Be Presented To lraida Gonzalez, Participant, And Maria Eugenia Marino, Employer, From The Grown By The Day Childcare Center, For The UNlOAD's Senior Placement Program. (Requested By Commissioner Jonah Wolfson) PA5 Certificate Of Appreciation To Be Presented To Gabrielle Redfern For Her Service To The Community As Well As Bicycle Advocacy In Miami Beach. (Requested by Mayor Matti Herrera Bower) PA6 Certificates Of Appreciation To Be Presented To The Miami Beach Police Department And Outside State And Federal Agencies In Appreciation And Recognition Of The Hard Work And Professionalism Displayed In The Implementation Of The City's Major Event Plan For Memorial Day Weekend 2012. (Requested by Mayor Matti Herrera Bower) PA7 Proclamation To Be Presented To Central Cab And Verifone For Providing 100% Computer Dispatching And Full GPS As Well As Verifone Computer System Which Is Hooked Up To The Miami Beach Police Department For Amber Alerts, Missing Elderly, Wanted Criminals And Even Missing Pets. (Requested by Mayor Matti Herrera Bower) PAS Certificates Of Completion To Be Presented To The City Of Miami Beach Neighborhood Leadership Academy Graduates. (City Manager's Office) PA9 Key To The City To Be Presented To Michael James Lipari, Of The U.S. Army, For His Military Service. (Requested by Commissioner Jerry Libbin) 2 2 Commission Agenda, July 18, 2012 Presentations and Awards (Continued) PA10 Certificate Of Recognition To Be Presented To Alina Delgado From David's Cafe For Her Dedication For Serving The Tuesday Morning Breakfast Club Members. (Requested by Commissioner Michael Gongora) PA11 Certificate Of Recognition To Be Presented To Richard Lydecker For His Dedication In Serving As The Chairman Of The Miami-Dade County Democratic Executive Committee And His Longtime Role As A Community Advocate. (Requested by Commissioner Michael Gongora) CONSENT AGENDA Action: Moved: Seconded: Vote: C2 -Competitive Bid Reports C2A Request For Approval To Issue A Request For Qualifications (RFQ) For The Establishment Of A Pre-Approved List Of Professional Construction Engineering And Inspection (CEI) Firms To Provide Various CEI Services On An "As-Needed" Basis. (Capital Improvement Projects/Procurement) C2B Request For Approval To Authorize The Issuance Of A Request For Proposals (RFP) For The Provisions Of Various Banking Services To The City Of Miami Beach, For A Five-Year Period With Five One-Year Renewal Options. (Finance Department/Procurement) C2C Request For Approval To Authorize The Issuance Of A Request For Proposals (RFP) For The Provisions Of Credit Card Merchant Processing Services To The City Of Miami Beach, For A Five-Year Period With Five One-Year Renewal Options. (Finance Department/Procurement) C2D Request For Approval To Purchase One (1) Vactron From Vac-Tron Equipment LLC Pursuant To GSA Contract No. GS-07F-0700N In The Amount Of $43,159.00, One (1) Nissan Forklift, One (1) CAT Backhoe, One (1) Genie Aerial Work Platform From Kelly Tractor, One (1) Freightliner M2 Chassis With Options From Atlantic Truck Center, Pursuant To Florida State Contract No. 11-19- 0907 In The Amount Of $228,361.00 And One (1) JLG Scissor Lift From Grainger, Pursuant To Florida State Contract No. 450-000-11-ACS In The Amount Of $12,490.00. (Fleet Management) 3 3 Commission Agenda, July 18, 2012 C2 -Competitive Bid Reports (Continued) C2E Request For Approval To Award A Contract To Dana Safety Supply, Inc., Pursuant To Invitation To Bid No. 46-11/12, For The Purchase And Installation Of Public Safety Lighting Equipment On City Vehicles In The Estimated Amount Of $313,458. (Fleet Management) C2F Request For Approval To Re-Issue A Request For Proposals (RFP) For The Acquisition Of A Mobile And/Or Handheld License Plate Recognition (LPR) Parking Enforcement System With Certain Amended Requirements. (Parking Department) C2G Request For Approval To Award A Contract To Showturf, LLC, Pursuant To Invitation To Bid (ITB) 45-11/12, For Lease Of Golf Course Turf Maintenance Equipment For The Normandy Shores Golf Club, For A Period Of Forty-Eight (48) Months, With Monthly Installments Of $8,567.48 With Lease Schedule Beginning On August 27, 2012, And Authorize The Mayor And City Clerk To Execute A Four Year Master Lease Agreement With Deere Credit, Inc. In The Total Amount Of $411,239.04. (Parks & Recreation) C2H Request For Approval To Award A Contract To Underpower Corporation, Pursuant To Invitation To Bid (ITB) No. 44-11/12, For Maintenance Of Street Lighting On State Roads Within The Miami Beach City Limits, At The Rate Of $7.95 Per Light, Per Month, In The Total Annual Amount Of $77,464.80; And $0.50 Per WiFi Node, Per Month, For A Total Annual Amount Of $510.00. (Public Works/Procurement) C21 Request For Approval To Issue A Request For Qualifications (RFQ) For The Purpose Of Conducting And Documenting A Detailed Facilities Condition Assessment Of Various Buildings/Assets Owned By The City Of Miami Beach, And To Develop A Schedule For Assets And Equipment Replacement Within The Buildings To Include Current And Projected Future Replacement Costs. (Public Works/Procurement) C2J Request For Approval To Issue A Request For Qualifications (RFQ) For The Purpose Of Conducting The Required 40-Year Building Recertification And Subsequent 10-Year Building Recertification, As Required By Miami-Dade County Code. (Public Works/Procurement) C2K Request For Approval To Issue A Request For Proposals (RFP) For Maintenance And Security Services For The Lincoln Road Mall Service Area. (Public Works) 4 4 Commission Agenda, July 18, 2012 C4 -Commission Committee Assignments C4A Referral To Neighborhood/Community Affairs Committee -Discussion Regarding A Request Related A Plaque Being Placed At City Hall In Honor Of Rose Weiss, As The Rose Weiss Park Is Now Known As The Washington Park & Community Garden. (Requested by Vice-Mayor Jorge R. Exposito) C4B Referral To Land Use And Development Committee-Discussion Concerning Idling Ordinance. (Requested by Commissioner Michael Gongora) C4C Referral To The Neighborhood/Community Affairs Committee-Discuss Bringing A New Festival Of The Arts To North Beach. (Requested by Commissioner Jerry Libbin) C4D Referral To The Land Use And Development Committee Regarding A Proposed Easement Agreement With Shelborne Associates, GP, Costello Investments, Inc., And Shelborne Ocean Beach Hotel Condominium Association, Inc., Owners Of The Property Located At 1801 Collins Avenue, For A Lift Station And Associated Connection To City's Sanitary Sewer System In The Public Right Of Way Of 18th Street, With A Total Area Of 527 Square Feet. (Public Works) C4E Referral To The Neighborhood/Community Affairs Committee-Discuss Collins Canal Centennial Celebration. (Requested by Vice-Mayor Jorge R. Exposito) C4F Referral To The Land Use And Development Committee -Discussion Regarding Miami Beach United Resolutions, Addressing The Issue Of Compatibility Of Certain Uses In Proximity To Residential Uses, To Create Safeguards While Allowing For Flexibility Of Development. (Requested by Commissioner Michael Gongora) C4G Referral To The Finance And Citywide Projects Committee -Discussion Concerning Supplemental Health Benefits To City Employees At No Cost To The City From Liberty National. (Requested by Commissioner Michael Gongora) C4H Referral To The Finance And Citywide Projects Committee -Discussion Regarding The Wolfsonian-FlU Master Plan And Washington Avenue Initiatives. (Requested By Vice-Mayor Jorge R. Exposito) 5 5 Commission Agenda, July 18, 2012 C6 -Commission Committee Reports C6A Amended Report Of The Land Use And Development Committee Meeting On 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. 10) 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. C6B Report Of The Land Use And Development Committee Meeting Of June 13, 2012: 1) Board Member Qualifications And Categories. 2) Discussion Regarding A Resolution By The Historic Preservation Board To Modify The Code Governing The Voluntary Designation Of Single Family Homes. 3) Reduced Parking Rates For Hotel Employees. 4) Discussion Regarding Not Charging Double Permit Fees For People Who Come Forward And Request Permits For Work Done Without A Permit. 5) Discussion Regarding A Possible Charter Amendment Restricting The Manner In Which Changes To Current Land Use Regulations Can Be Made. 6) 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. 7) Discussion On Policy Consideration Regarding The Granting Of Subterranean Or Aerial Rights Over Public Property. C6C Report Of The Finance And Citywide Projects Committee Meeting On June 1 , 2012: 1) A Resolution Waiving, By 5/7ths Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Authorizing The City Manager To Negotiate And Execute A Professional Services Agreement, In An Amount Not To Exceed $150,000, With A Qualified Firm For Services Related To Auditing The Processes Of Certain Regulatory Departments Or Divisions. C6D Report Of The Finance And Citywide Projects Committee Meeting On June 5, 2012: 1) A Resolution Waiving, By 5/?ths Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Authorizing The City Manager To Negotiate And Execute A Professional Services Agreement, In An Amount Not To Exceed $150,000, With A Qualified Firm For Services Related To Auditing The Processes Of Certain Regulatory Departments Or Divisions. 6 6 Commission Agenda, July 18, 2012 C6 -Commission Committee Reports (Continued) C6E Report Of The Finance And Citywide Projects Committee Meeting On June 28, 2012: 1) Discussion Regarding A Proposed Ordinance On Ethics Guidelines For Acceptance Of Gifts, Favors, Or Services By City Employees. 2) Status Report From The Engineering Company Assigned To Do The City's Citywide Stormwater Master Plan. 3) Approval Of Scope Of Services And Criteria For Outsourcing Of Lincoln Road Mall Maintenance Services RFP. 4) Discussion Regarding Development Of Criteria And Procedures For Use Of The Commission Chamber. 5) Discussion Regarding The Appropriateness Of Granting A Perpetual Sub-Surface Easement To Collins 3300, LLC And 3420 Collins Avenue, LLC, For A Proposed Sub-Surface Parking Garage. 6) Discussion Regarding CDBG Funding For Fixing Storefronts. 7) Discussion Regarding Advertising On Deco Bike Stations. C7 -Resolutions C7A A Resolution Approving And Authorizing The City Manager Or Her Designee To Submit Applications To: 1) Miami-Dade County Homeless Trust For Primary Care Housing And Services Funds In The Approximate Amount Of $75,000 For The City's Homeless Outreach Program; 2) Miami-Dade County ADA Parking Fines Program For Funding In The Approximate Amount Of $90,000 For The City's Eligible ADA Projects; 3) Assistance To Firefighters Grant Program For Funding In The Approximate Amount Of $45,000 For Equipment For Fire Department Operations; 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. (Budget & Performance Improvement) C7B 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 Three Top- Ranked Proposers: Atkins North America, Inc., F.R. Aleman & Associates, Inc., And Miller Legg; And Should The Administration Not Be Able To Successfully Negotiate An Agreement With Any Of The Three Top-Ranked Firms, Authorizing The Administration To Negotiate With The Fourth And Fifth-Ranked Firms, Woolpert, Inc. And Manuel G. Vera & Associates, Inc. As Needed Respectively; And Further Authorizing The Mayor And City Clerk To Execute Agreements Upon Conclusion Of Successful Negotiations By The Administration. (Capital Improvement Projects/Procurement) 7 7 Commission Agenda, July 18, 2012 C7 -Resolutions (Continued) C7C Appointment Of Chief Special Master 1. A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Section 30-36 Of The Code Of The City Of Miami Beach, Concerning The Appointment Of Enrique Zamora, Esq., To Serve As Chief Special Master, For A Term Commencing On September 15, 2012, And Ending On March 14, 2013; Provided Further That Chief Special Master Zamora Shall Be Authorized To Hold Hearings And Impose Fines, Liens And Other Non-Criminal Penalties Against Violators Of The City And County Codes And Ordinances, And Shall Also Be Authorized To Appoint Such Other Special Masters As May Reasonably Be Required To Conduct The Subject Hearings; And Further Incorporating All Other Matters Set Forth Within Chapter 30 Of The City Code, Including, Without Limitation, Sections 30-37 And 30-38 Thereof, Concerning The Compensation And Duties Of The Chief Special Master. 2. A Resolution Approving And Appointing, Pursuant To Section 102-356 Of The City Code, Enrique Zamora, Esq., (Chief Special Master Appointed Pursuant To Resolution No. ~--:---'-' As The City Manager's "Designee" Under Section 102-356 Of The City Code; Said Designation Commencing With Mr. Zamora's Term As Chief Special Master On September 15, 2012, And Ending On March 14, 2013. (City Clerk's Office) C7D A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendments To The Contracts Between The City Of Miami Beach And Central Poly Corp.; Dermatec Direct; Hospitality Purchasing LLC; Hudson Plastic Corp.; Janitor's Supply Outlet; Pride Enterprises; Rex Chemical Corp.; Songahi, Inc.; Totalpack, Inc.; And Troy Industries, Inc.; Dated August 8, 2011, For The Purchase Of Janitorial Supplies, In The Estimated Annual Amount Of $183,000; Said Amendments Approving The First Year Renewal Option Of The Contracts, And Further Amending Section 2.2 (Terms) Of Such Contracts To Allow Subsequent Renewals By The City Manager, At His/Her Sole Option And Discretion. (Procurement) C7E A Resolution Approving The Settlement In The Amount Of $15,000.00 For City Liens On Property Owned By Sunset Apartments, LLC, Located At 1545 Drexel Avenue, Miami Beach, Florida, In The Original Amount Of $358,708.15, And Further Authorizing The City Manager To Take Such Action And Execute Any And All Necessary Documents To Complete Such Lien Release And Settlement. (Finance Department/City Attorney's Office) 8 8 Commission Agenda, July 18, 2012 C7 -Resolutions (Continued) C7F A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Proposals (RFP) No. 34-11/12 For Auditing Services To Examine The City's Basic Financial Statements Included In The City's Comprehensive Annual Financial Report (CAFR), Federal Grant Programs And State Projects (OMB A-133 Single Audit), The Miami Beach Redevelopment Agency's Basic Financial Statements (RDA), The Parking Systems Fund's (PSF) Financial Statements, The Miami Beach Visitor And Convention Authority's (VCA) Financial Statements, The Miami Beach Convention Center Financial Statements, The Building Better Communities Bond Program (BBC), The Children Trust Grant Program (CT), And The Safe Neighborhood Parks And Bond Program (SNP); Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Firm, McGiadrey, LLP., And Should The Administration Not Be Able To Negotiate An Agreement With The Top-Ranked Firm, Authorizing The Administration To Negotiate With The Second-Ranked Firm, Cherry, Bekaert & Holland, LLP.; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon The Completion Of Successful Negotiations By The Administration, With Such Agreement Having A Five (5) Year Term, Through And Including The Audit Of Fiscal Year Ending September 30, 2016, With Additional Years Of The Engagement To Be Subject To The Audit Committee And Confirmation By The City Commission Annually. (Finance Department) C7G A Resolution Accepting The Recommendation Of The City Manager Relative To The Ranking Of Proposers, Pursuant To Request For Proposals (RFP) No. 34-10/11 To Provide Testing Services For Police And Fire Entry Level Positions And Classified Promotional Classifications; And/Or To Provide Consultation Services For Sworn And Non-Sworn Positions In Order To Develop Job Analysis, Entry Level And Promotional Tests, Scoring, Minimum Requirements For Job Background Test Requirements; Authorizing The Administration To Enter Into Negotiations With Industrial/Organizational Solutions, Inc.; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon The Completion Of Successful Negotiations By The Administration. (Human Resources) C7H A Resolution Accepting The Recommendation Of The City Manager To Reject All Proposals Received Pursuant To Request For Proposals (RFP) No. 20-11/12, To Install And Maintain An Externally Web Hosted Software For Parks And Recreation; And To Re-Issue A Request For Proposals (RFP) With Certain Amended Minimum Requirements. (Parks & Recreation/Procurement) C71 A Resolution Authorizing The City Manager And City Clerk To Execute The Criminal Justice Municipality User Authorization Agreement For The Arrest Affidavit Project Sponsored By The Miami-Dade County Association Of Chiefs Of Police, Between The City Of Miami Beach, On Behalf Of The Miami Beach Police Department, And The Miami-Dade Police Department, Which Shall Allow The Miami Beach Police Department To Access And Support The Implementation Of The Automated Arrest Affidavit Project. (Police Department) 9 9 Commission Agenda, July 18, 2012 C7 -Resolutions (Continued) C7 J A Resolution Accepting The Donation Of $7,500 From Mr. David Wallack To Purchase A Specially Trained Canine To Be Utilized By The Miami Beach Police Department Operations Division Crime Suppression Team, For Narcotics Detection, Seizure, Apprehension And Arrest Of Subjects Involved In Illegal Narcotics Activity. (Police Department) C7K A Resolution Accepting The Recommendation Of The City Manager To Amend The Contract With Radio Satellite Integrators, Inc., And Appropriate The Necessary Funding To Implement The Public Safety Automated Vehicle Locator (AVL) For Police And Fire Departments; And Further Authorizing The Mayor And City Clerk To Execute Amendment No. 1. (Procurement) C7L A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Qualifications (RFQ) No. 41-11/12, For The Removal And Disposal Of Derelict Vessels; Authorizing The Administration To Enter Into Negotiations With The Firms Adventure Environmental, Inc., Biscayne Towing & Salvage, Inc., Blue Water Marine Services, Inc., Dock And Marine, Construction, Inc., DRC Emergency Services, LLC, And Underwater Engineering Services, 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 Contracts For Derelict Vessel Removal And Disposal With The Following Firms: Biscayne Towing & Salvage, Inc.; Blue Water Marine Services, Inc.; And Dock And Marine Construction, Inc. (With Such Renewal Term Commencing Retroactively On May 6, 2012, And Ending On May 5, 2013.) (Procurement) C7M A Resolution Approving, Pursuant To Section 2-367 (d) Of The Miami Beach City Code, The Sole Source Purchase Of A Mobile Inventory Management System From Motorola Solutions, Inc., Which Integrates With Cityworks, In The Estimated Total Amount Of $137,067. (Public Works/Procurement) C7N A Resolution Setting A Public Hearing For The September 12, 2012 Commission Meeting To Consider Granting An 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, Pursuant To The Procedures And Standards Recommended By The Land Use And Development Committee, And Finance And Citywide Projects Committee. (Public Works) 10 10 Commission Agenda, July 18, 2012 C7 -Resolutions (Continued) C70 A Resolution Setting A Public Hearing For The September 12, 2012 City Commission Meeting, To Consider Granting A Revocable Permit To Seville Acquisition, LLC, As The Owner Of The Property Located At 2901 Collins Avenue, To Allow For Decorative Concrete Eyebrows To Extend 3 Feet Into And 35.45 Feet Along The Public Right-Of-Way On 29th Street And To Extend 3 Feet Into And 354 Feet Along The Public Right-Of-Way On 30th Street. (Public Works) C?P A Resolution Setting A Public Hearing For The September 12, 2012 Commission Meeting To Consider Granting An Aerial Easement Agreement With 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-Foot Public Right-Of-Way Of Ocean Court At A Width Of 9'1" With A Minimum Vertical Height Of 16 Feet Above Ocean Court. (Public Works) C?Q A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Professional Services Agreements, In Substantially The Attached Form, For General Transportation Planning And Traffic Engineering Consulting Services On An As-Needed Basis, For The City Of Miami Beach, With The Following Five Firms: AECOM USA, Inc., Atkins Global, Inc., The Corradino Group, Inc., Florida Transportation Engineering, Inc., And Gannett Fleming, Inc. (Public Works) C?R A Resolution Approving And Authorizing The City Manager And City Clerk To Execute An lnterlocal Agreement, In Substantially The Form Attached, Between All Co-Permittees Named In National Pollutant Discharge Elimination System Permit No. FLS000003-003 And Miami-Dade County, Providing For Performance Of Professional Services By Miami-Dade County, And Also Between All Co-Permittees Providing For Identification And Control Of Pollutant Discharges In Shared Municipal Separate Storm Sewer Systems, And To Negotiate And Execute Changes To The Selection Of Activity Participation By Co-Permittees. (Public Works) C?S A Resolution Accepting A Utilities Easement, In Substantially The Form Attached To This Resolution From Dr. Modesto Mora, As The Owner Of Lot 8 And Lot 9 Of The Corrected Plat Of Star Island, For The Construction, Installation, Operation, And Maintenance Of A Stormwater Outfall Pipe, To Be Located Within The Easement Area, As Such Area Is Described In This Resolution And In The Proposed Easement. (Public Works) 11 11 Commission Agenda, July 18, 2012 C7 -Resolutions (Continued) C7T A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Locally Funded Agreement, A Memorandum Of Agreement, A Maintenance Memorandum Of Agreement, And A Perpetual Easement Agreement, With The Florida Department Of Transportation, For The Construction And Maintenance Of Proposed Decorative Street Lights, Landscape, And Irrigation Improvements As Part Of The State Road A1A!Collins Avenue Project From 5th Street To Lincoln Road. (Public Works) C7U A Resolution Adopting The City's One-Year Action Plan For Federal Funds For Fiscal Year 2012/2013, Which Includes The Budgets For The Community Development Block Grant (CDBG) Progam, The Home Investment Partnership (HOME) Program And The Fiscal Year 2011-2012 State Housing Initiatives Partnership (SHIP) Program; Authorizing The City Manager To Make Minor Non-Substantive Changes To The One-Year Action Plan Or Resulting Agreements Before Execution (Which May Be Identified During The Finalization And/Or Review Process, And Which Do Not Affect The Purpose, Scope, Approved Budget And/Or Intent Of The Plan); Authorizing The City Manager To Extend The Expiration Dates Of Said Agreements When Necessary; Authorizing The City Manager To Execute All Applicable Documents And Submit The One-Year Action Plan To The U.S. Department Of Housing And Urban Development (HUD); Further Authorizing The Mayor And City Clerk To Execute Agreements For Sub-Recipients Of CDBG, HOME And SHIP Funds; And Authorizing The Appropriation Of All Federal And State Funds When Received. (Real Estate, Housing & Community Development) C7V A Resolution Retroactively Approving And Authorizing The Acceptance Of $18,500 In Cash Donations (Including Sponsorships) Made To The City For The Annual Fourth Of July Celebration, A Free Event; And Further Appropriating Said Funds For The Fourth Of July Celebration; And Authorizing The City Manager Or Her Designee To Make Such Expenditures And/Or Reimbursements From The Aforestated Donations, In Furtherance Of And Consistent With The Aforestated Event. (Tourism & Cultural Development) C7W A Resolution Approving And Authorizing The Mayor And The City Clerk To Execute Retroactive Amendment No. 13 To The Professional Services Agreement With STA Architectural Group, Inc., Dated July 17, 1996, For The Fire Station 2 And Hose Tower Refurbishment Projects; Said Amendment, In The Not To Exceed Amount Of $20,747.36, To Provide Program Revisions And Design Services For Changes Requested By The Fire Department, And Extended Construction Administration Services; With Funding From The Capital Reserve Fund 304 Appropriated In The Capital Budget Fiscal Year 2010/2011. (Capital Improvement Projects) 12 12 Commission Agenda, July 18, 2012 C7-Resolutions (Continued) C7X A Resolution Authorizing The Miami Beach Botanical Garden's Increased Facility Rental Rates, As Proposed By The Miami Beach Garden Conservancy, Inc., And As Recommended By The Finance And Citywide Projects Committee On July 10, 2012. (Real Estate, Housing & Community Development) (Memorandum & Resolution to be Submitted in Supplemental) C7Y A Resolution Approving Pursuant To Section 2-367 (d) Of The Miami Beach City Code, The Sole Source Purchase Of Replacement Parts And Service For The Existing Channel Monster Grinder At Sewer Pump Station No. 28 (28th Street/Pine Tree Drive) From JWC Environmental, The Manufacturer Of The Grinder, And Exclusive Supplier Of Replacement Parts, In The Estimated Annual Amount Of $35,381.99 For Fiscal Year 2011/12, And The Purchase Of A Spare Channel Monster Grinder In The Estimated Amount Of $134,844. (Public Works/Procurement) C7Z A Resolution Approving In Substance The Terms Of A Professional Services Agreement With The International City County Management Association ("ICMA") For Review And Recommendations For Efficiencies For The Police And Fire Departments; Authorizing The City Manager And City Attorney's Office To Negotiate And Draft The Agreement Based Upon The Approved Terms; And Authorizing The Mayor And City Clerk To Execute The Final Agreement In An Amount Not To Exceed $120,000. (Finance Department) (Memorandum & Resolution to be Submitted in Supplemental) End of Consent Agenda 13 13 Commission Agenda, July 18, 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) (Continued from June 6, 2012/Referred to LUDC) R5B 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. 10:30 a.m. Second Reading Public Hearing (Requested by Finance & Citywide Projects Committee) (Legislative Tracking: Planning Department) (First Reading on June 6, 2012/Referred to FCWPC) R5C 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. 10:40 a.m. Second Reading Public Hearing (Requested by Neighborhood/Community Affairs Committee) (Legislative Tracking: Parks & Recreation) (First Reading on June 6, 2012) 14 14 Commission Agenda, July 18, 2012 R5 -Ordinances (Continued) R5D An Ordinance Amending Chapter 82, Of The Code Of The City Of Miami Beach, Entitled "Public Property," By Amending Article VI, Entitled "Naming Of Public Facilities And Establishment Of Monuments Or Memorials," By Amending Section 82-504, Entitled "Monuments Or Memorials," By Adding Criteria To Provide That: A) Only The Mayor Or A Member Of The City Commission May Propose The Establishment Of A Monument Or Memorial; B) The Mayor And City Commissioners Shall Each Be Limited To Proposing The Establishment Of One Monument Or Memorial Per Term Of Elected Office; C) Any Person To Be Recognized By The Establishment Of A Monument Or Memorial Must Be In Good Standing In The Community And If, After The Honor Is Bestowed, The Person Is Convicted Or Adjudicated Guilty Of A Felony, The Name Of The Person Shall Be Removed From Such Monument Or Memorial Or The Monument Or Memorial Itself May Be Removed, Without Any Resulting Liability To The City; And Providing For Repealer, Severability, Codification, And An Effective Date. 11 :00 a.m. Second Reading Public Hearing (Requested by the Neighborhood/Community Affairs Committee) (Legislative Tracking: Parks & Recreation) (Continued from May 9, 2012/Referred to NCAC) R5E An Ordinance Amending Chapter 12 Of The Miami Beach City Code, Entitled "Arts, Culture And Entertainment," By Amending Article II Thereof, Entitled "Special Events," By Amending Section 12-5, "Special Events Permits" To Provide Clarification To Special Event Applicants Under Provision (5); By Providing Enforcement And Penalties For The Violation Of Section 12-5 As Set Forth In Provision (9); And Providing For Repealer, Codification, Severability, And An Effective Date. 11 :30 a.m. Second Reading Public Hearing (Requested by the Neighborhood/Community Affairs Committee) (Legislative Tracking: Tourism & Cultural Development) (Continued from May 9, 2012/Referred to NCAC) R5F An Ordinance Amending The Miami Beach City Code By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Creating Division 33, To Be Entitled "Tennis Advisory Committee," And By Creating Section 2- 190.148 To Create A Tennis Advisory Committee And Provisions Establishing The Committee And Its Purpose, Powers And Duties, Composition, And Supporting Department; And Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Requested by Commissioners Michael Gongora & Jonah Wolfson) (Legislative Tracking: Parks & Recreation) R5G Private Parking Facilities With Automated Payment Machines An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, "Traffic And Vehicles"; Article VI, "Towing And Immobilizations"; Section 262(a)(5), "Vehicles Parked On Private Property; Towing"; Requiring Notification Of Private Property With Automated Payment Machine Use; Providing For Codification, Repealer, Severability And An Effective Date. First Reading (Requested by Commissioner Jerry Libbin) (Legislative Tracking: Parking Department) 15 15 Commission Agenda, July 18, 2012 RS -Ordinances (Continued) R5H Artificial Grass (Without Restrictions): 1. An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article Ill, "Overlay Districts," Division 2, "Dune Preservation Overlay," By Amending Section 142- 774, "Uses And Structures Permitted," To Allow Synthetic Grass; Providing For Repealer, Codification, Severability And An Effective Date. First Reading (With Restrictions) 2. An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article Ill, "Overlay Districts," Division 2, "Dune Preservation Overlay," By Amending Section 142- 774, "Uses And Structures Permitted," To Establish Policies Regarding The Installation Of Synthetic Grass; Providing For Repealer, Codification, Severability And An Effective Date. First Reading (Requested By Commissioner Jonah Wolfson) (Legislative Tracking: Planning Department) R7 -Resolutions R7 A 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) (Continued from June 6, 2012/Referred to LUDC) R7B A Resolution Setting 1) The Proposed Operating Millage Rate; 2) The Required Debt Service Millage Rate; 3) The Calculated "Rolled-Back" Rate; And, 4) The Date, Time, And Place Of The First Public Hearing To Consider The Millage Rates And Budgets For Fiscal Year (FY) 2012/13; Further Authorizing The City Manager To Transmit This Information To The Miami-Dade County Property Appraiser In The Form Required By Section 200.065, Florida Statutes. (Budget & Performance Improvement) (Memorandum & Resolution to be Submitted in Supplemental) 16 16 Commission Agenda, July 18, 2012 R7-Resolutions (Continued) R?C A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood Improvement District Setting 1) The Proposed General Operating Millage Rate For The Normandy Shores Neighborhood Improvement District; 2) The Calculated Rolled-Back Rate; And, 3) The Date, Time And Place Of The First Public Hearing To Consider The Operating Millage Rate And Budget For Fiscal Year (FY) 2012/13; Further Authorizing The City Manager To Transmit This Information To The Miami-Dade County Property Appraiser In The Form Required By Section 200.065, Florida Statutes. (Budget & Performance Improvement) R?D A Resolution Calling For A November 6, 2012 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether Miami Beach City Charter Articles II And IV Should Be Amended To Establish The City Clerk As A Charter Officer Responsible For Performing Designated Duties, Whose Compensation Shall Be Established By Ordinance, And Whereby The Clerk Shall Be Appointed And Removed By, And Accountable To, The City Commission Instead Of The City Manager; And The Power To Supervise And Control The Clerk's Office, And To Appoint And Remove Unclassified Personnel Therein, Shall Be Transferred From The City Manager To The City Clerk. (Requested by Commissioner Weithorn) (Legislative Tracking: City Attorney's Office) R?E Call For A Special Election -HPB And Building Heights 1. A Resolution Calling For A November 6, 2012 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether The Miami Beach City Charter Section 1.06 Should Be Created To Require That Any Change To Chapter 118, Article II, Division 4 Of The City Code ("Historic Preservation Board"), Or To Chapter 118, Article X, Divisions 1-4 ("Historic Preservation"), That Reduces The Powers And Duties Of The Board, Or Creates Less Stringent Historic Preservation Standards Or Regulations, Shall, Before Becoming Effective, Be Approved By A Majority Of Voters In A Citywide Election? 2. A Resolution Calling For A November 6, 2012 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether Miami Beach City Charter Section 1.03 Should Be Amended To Require That Any Change To The City's Land Development Regulations That Allows Increased Maximum Building Heights In Local Historic Districts Shall, Before Becoming Effective, Be Approved By A Majority Of Voters In A Citywide Election? (Requested by Mayor Matti Herrera Bower) (Legislative Tracking: City Attorney's Office) 17 17 Commission Agenda, July 18, 2012 R7-Resolutions (Continued) R7F Call For A Special Election-Qualifying Period Via Petition And Waiver Of 7.5% Qualifying Fee 1. A Resolution Amending City Of Miami Beach Resolution No. 2012-27933, And Substituting This Resolution Therefor Calling For A November 6, 2012 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether Miami Beach City Charter Section 6.03 Should Be Amended To Change The Time That A Candidate Qualifying Via Petition For City Elected Office Must File Said Petition, From No Later Than The Second Day Of The Four-Day Qualifying Period, To No Later Than Noon Of The 14th Day Prior To The First Day Of Such Qualifying Period? 2. A Resolution Amending City Of Miami Beach Resolution No. 2012-27934, And Substituting This Resolution Therefor, Calling For A November 6, 2012 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether Miami Beach City Charter Section 6.03 Should Be Amended To Provide That If The County Elections Department Has Not Issued Its Certificate Verifying The Required Number Of Valid Signatures On A Timely-Filed Qualifying Petition By 5:00 P.M. On The Second Day Of The City's Qualifying Period, The City's 7%% Qualifying Fee Shall Be Waived If The Subject Candidate Otherwise Qualifies Pursuant To Charter Section 6.03, Waiver Subject To Elections Department Confirmation That The Qualifying Petition Contained The Required Number Of Valid Signatures? (Requested By Commissioner Wolfson) (Legislative Tracking: City Attorney's Office) R7G A Resolution Authorizing Early Voting For The August 14, 2012 And November 6, 2012 City Of Miami Beach Special Elections. (City Clerk's Office) R7H A Resolution Approving An Expenditure Of Budgeted Funds In Reasonable And Necessary Amounts For The Public Purpose Of Informing And Educating The Voters Of The City Of Miami Beach Regarding The Ballot Questions On The City's August 14, 2012 And November 6, 2012 Special Election Ballots In Order To Achieve A More Informed Electorate Vote. (City Manager's Office) R71 A Resolution Authorizing The Miami-Dade County Canvassing Board For The August 14, 2012 And November 6, 2012 Elections To Serve As Canvassing Board For The City Of Miami Beach Special Elections To Be Held On August 14, 2012 And November 6, 2012. (City Clerk's Office) R7J A Resolution Authorizing The City Manager, Or Her Designee, To Select, Negotiate, Award And Reject All Bids, Contracts, Agreements, Purchase Orders, Change Orders And Grant Applications; Renew Existing Contracts Which May Expire; And Terminate Existing Contracts, As Needed, From The Last Commission Meeting On July 18, 2012, Until The First Regularly Scheduled Commission Meeting On September 12, 2012, Subject To Ratification By The City Commission At Its First Regularly Scheduled Meeting On September 12, 2012. Joint City Commission & Redevelopment Agency (Procurement) 18 18 Commission Agenda, July 18, 2012 R7-Resolutions (Continued) R7K A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Two (2) Temporary License Agreements And Four (4) Perpetual Easement Agreements, With The Florida Department Of Transportation, For The Construction, Harmonization, And Maintenance Of Proposed Roadway And Drainage Improvements As Part Of The State Road 907/Aiton Road Project From 5th Street To Michigan Avenue. (Public Works) R7L A Resolution Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The Construction Contract Between The City Of Miami Beach, Florida, And Trans Florida Development Corporation, For The Construction Of The City Of Miami Beach Right Of Way Infrastructure Improvement Program, Neighborhood No. 12/D/E/F, South Pointe Phases Ill, IV And V; Dated September 9, 2010 (The Contract), In The Not-To-Exceed Amount Of $1,749,048 For The Construction Of A New 12-lnch Water Main Along Ocean Drive From 5th Street To South Pointe Drive, Additional Roadway Reconstruction Throughout The Project Limits, Installation Of Light Emitting Diode (LED) Lighting Fixtures In Lieu Of Metal Halide, And Improvements To 1st Street Between Alton Road And Washington Avenue; With Previously Appropriated Funding Available From South Pointe Capital Fund 389, In The Amount Of $1,749,048, For The Construction, And $174,904, For Contingency, For A Grand Total Of $1,923,952. (Capital Improvement Projects Office) R7M A Resolution Providing For 1) Amending Resolution No. 2003-25171, Which Approved The Basis Of Design Report (BOOR) For The Bayshore Right Of Way Improvement Project; Said Amendment Amending The BOOR As Follows: A) Incorporating Implementation Of HOA Requested Roadway Width And Landscape Items (11 Points); B) Providing Additional Stormwater Upgrades To The Area Known As Zone 4 In The BOOR; And C) Providing Complete Milling And Resurfacing Of The Roadway In Lieu Of Asphalt Overlay; And 2) Authorizing The Mayor And City Clerk To Execute Amendment No. 23 To The Professional Services Agreement Between The City Of Miami Beach, Florida, And CH2M Hill For The Professional Landscape, Architectural And Engineering Services For The Right-Of-Way Infrastructure Improvements Program For Neighborhood No. 8 Bayshore And Sunset Islands, Dated May 16, 2001 (The Agreement), In The Negotiated Not-To-Exceed Amounts Of $200,401, For Additional Design Services For The Right Of Way Infrastructure Improvements For The Central Bayshore Neighborhood No. 8A Package In Order To Incorporate The Necessary Design Changes To Accommodate The Previously Noted BOOR Modifications; And $7,440 For Reimbursable Expenses, For A Grand Total Not-To-Exceed Amount Of $207,841; With Previously Appropriated Stormwater Bond Funding. (Capital Improvement Projects Office) R7N Resolution Approving The Issuance And Sale Of Not To Exceed $145,000,000 Principal Amount Of City Of Miami Beach Health Facilities Authority Hospital Revenue Refunding Bonds, Series 2012 (Mount Sinai Medical Center Of Florida), By The City Of Miami Beach Health Facilities Authority, Including The Approval Required By Section 147(f) Of The Internal Revenue Code Of 1986, As Amended; Providing That Said Bonds Shall Not Constitute A Debt, Liability Or Obligation Of The City Or The State Of Florida Or Any Political Subdivision Thereof But Shall Be Payable Solely From The Revenues Provided Therefor; And Providing An Effective Date. (Finance Department) 19 19 Commission Agenda, July 18, 2012 R7 -Resolutions (Continued) R70 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, 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 August 1, 2012, To April 30, 2013; And Further Authorizing The Issuance Of A New Request For Proposals (RFP) For Security Guard Services. (Parking/Police/Procurement) (Deferred from June 6, 2012) R7P A Resolution Approving The Substantive Terms Of The First Amendment To The Concession Agreement Between The City Of Miami Beach, Florida And Deco Bike, LLC. For The Implementation, Management And Operation Of A Self-Service Bicycle Sharing Program; Authorizing The City Manager And City Attorney's Office To Negotiate And Draft The Final Amendment, Based Upon The Approved Terms (As Further Referenced In The Term Sheet Attached As Exhibit "A" To This Resolution); And Authorizing The Mayor And City Clerk To Execute The Final Agreement. (Financial Department) R7Q A Resolution Approving An Agreement Between The City Of Miami Beach And Interim City Manager Kathie G. Brooks, And Authorizing The Mayor And City Clerk To Execute The Agreement. (City Attorney'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 Florida Department Of Transportation (FOOT) Project's Status Report Presentation. (Requested by Neighborhood/Community Affairs Committee) (Legislative Tracking: Public Works) 20 20 Commission Agenda, July 18, 2012 R9 -New Business and Commission Requests (Continued) R9D Discussion Relating To Healthy Initiatives Being Implemented By The Parks And Recreation Department In The City Of Miami Beach. (Requested by Vice-Mayor Jorge R. Exposito) R9E Discuss Letter From John Rivera, PBA President, Regarding Sergeant Manuel Moraga's Review Of Termination. (Requested by Commissioner Jonah Wolfson) R9F Presentation Regarding The Use Of Public Surveillance Cameras. (Requested By Neighborhood/Community Affairs Committee) (Legislative Tracking: Police Department) R9G Discuss And Refer To The Finance And Citywide Projects Committee -Pension Reform And The Budget Advisory Committee's Recommendation To Discuss Positional For Referendum. (Requested by Vice-Mayor Jorge R. Exposito) R9H Discussion Item Regarding Former City Manager, Jorge Gonzalez's Contract Terms. (City Attorney's Office) R1 0 -City Attorney Reports R 1 OA City Attorney's Status Report. (City Attorney Office) R10B Notice Of Closed Executive Session Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During Recess Of The City Commission Meeting On Wednesday, July 18, 2012, In The City Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To Collective Bargaining. 21 21 Commission Agenda, July 18, 2012 R1 0 -Citv Attorney Reports (Continued) R 1 OC Closed Attorney-Client Session Pursuant To §286.011, Florida Statutes, The City Attorney Hereby Advises The Mayor And City Commission That He Desires Advice Concerning The Following Pending Litigation Matter: The City Of Miami Beach. Florida Vs. Ultra Music Festival Corp. Case No.: 11-03908 CA 02 Therefore, A Private Closed Attorney-Client Session Will Be Held During The Lunch Recess Of The City Commission Meeting On July 18, 2012, In The City Manager's Large Conference Room, Fourth Floor, City Hall, To Discuss Settlement Negotiations And/Or Strategy Related To Litigation Expenditures With Regard To The Above-Referenced Litigation Matters. The Following Individuals Will Be In Attendance: Mayor Matti Herrera Bower; Members Of The City Commission: Jorge Exposito, Michael Gongora, Jerry Libbin, Edward Tobin, Deede Weithorn And Jonah Wolfson; City Manager Jorge Gonzalez, City Attorney Jose Smith, And First Assistant City Attorney Steven Rothstein. Reports and Informational Items Reports and Informational Items (see LTC No. 172-2012) End of Regular Agenda 22 22 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 23 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) PA PRESENTATIONS AND AWARDS 25 ""C )> Presentations and Awards PA1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For March And April 2012. (Requested by Vice-Mayor Jorge R. Exposito) PA2 Certificates Of Recognition To Be Presented To Officer Arthur Martineau And The Miami Beach Police Athletic League For Their Participation In The Beach Cleanup During Spring Break Weekend. (Requested by Vice-Mayor Jorge R. Exposito) PA3 Certificates Of Recognition To Be Presented To The Class Of 2012 Valedictorian And Salutatorian Of RabbiS. Gross (RASG) Hebrew Academy. (Requested by Vice-Mayor Jorge R. Exposito) PA4 Certificates Of Recognition To Be Presented To lraida Gonzalez, Participant, And Maria Eugenia Marino, Employer, From The Grown By The Day Childcare Center, For The UNlOAD's Senior Placement Program. (Requested By Commissioner Jonah Wolfson) PAS Certificate Of Appreciation To Be Presented To Gabrielle Redfern For Her Service To The Community As Well As Bicycle Advocacy In Miami Beach. (Requested by Mayor Matti Herrera Bower) PA6 Certificates Of Appreciation To Be Presented To The Miami Beach Police Department And Outside State And Federal Agencies In Appreciation And Recognition Of The Hard Work And Professionalism Displayed In The Implementation Of The City's Major Event Plan For Memorial Day Weekend 2012. (Requested by Mayor Matti Herrera Bower) PA7 Proclamation To Be Presented To Central Cab And Verifone For Providing 100% Computer Dispatching And Full GPS As Well As Verifone Computer System Which Is Hooked Up To The Miami Beach Police Department For Amber Alerts, Missing Elderly, Wanted Criminals And Even Missing Pets. (Requested by Mayor Matti Herrera Bower) PA8 Certificates Of Completion To Be Presented To The City Of Miami Beach Neighborhood Leadership Academy Graduates. (City Manager's Office) PA9 Key To The City To Be Presented To Michael James Lipari, Of The U.S. Army, For His Military Service. (Requested by Commissioner Jerry Libbin) 27 ·Agenda Item PA/-11 Date 7-/(>-/2.- Presentations and Awards (Continued) PA10 Certificate Of Recognition To Be Presented To Alina Delgado From David's Cafe For Her Dedication For Serving The Tuesday Morning Breakfast Club Members. (Requested by Commissioner Michael Gongora) PA11 Certificate Of Recognition To Be Presented To Richard Lydecker For His Dedication In Serving As The Chairman Of The Miami-Dade County Democratic Executive Committee And His Longtime Role As A Community Advocate. (Requested by Commissioner Michael Gongora) 28 C2 COMPETITIVE BID REPORTS 29 COMMISSION ITEM SUMMARY Condensed Title: Request for Approval to Issue a Request For Qualifications (RFQ) for the Establishment of a Pre-Approved List of Professional Construction Engineering and Inspection (CEI) Firms to Provide Various CEI Services on an "As-Needed Basis" 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 approve the issuance of the RFQ? Item Summary/Recommendation: This Request for Qualifications is for the establishment of a pre-approved list of Professional Construction Engineering and Inspection (CEI) firms to provide various CEI services on an "as needed basis." "As needed basis" means that each firm awarded a contract will agree to be placed on a professional CEI list where the City may call upon them to perform professional projects as assigned by the Administration. As the need for service arises, firms will be contacted to provide the necessary professional services according to the negotiated scope of work and cost. Adequate management of construction projects by the City of Miami Beach Office of Capital improvement Projects (CIP) requires implementation of CEI services during construction. The ability to have a rotating list of CEI firms available to provide these services for Capital Improvement Projects would enable the City to effectively and efficiently manage the construction phase of these projects. 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 two (2) 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. Advisory Board Recommendation: IN/A Financial Information: Source of ,Amount Funds: 1 N/A OBPI Total Financial Impact Summary: N/A . . . C9 MIAMI BEACH 31 ,Account AGENDA ITEM c /)..A DATE 7-/ ff.,./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 ~t~rrissi~n Kathie G. Brooks, lntertm City Manager -% ~} j July 18,2012 / . REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) FOR THE ESTABLISHMENT OF A PRE-APPROVED LIST OF PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION (CEI) FIRMS TO PROVIDE VARIOUS CEI SERVICES ON AN "AS NEEDED BASIS." ADMINISTRATION RECOMMENDATION Approve issuance of the RFQ. KEY INTENDED OUTCOME SUPPORTED Ensure well-maintained infrastructure. ANALYSIS This Request for Qualifications is for the establishment of a pre-approved list of Professional Construction Engineering and Inspection (CEI) firms to provide various CEI services on an "as needed basis." "As needed basis" means that each firm awarded a contract will agree to be placed on a professional CEI list where the City may call upon them to perform professional projects as assigned by the Administration. As the need for service arises, firms will be contacted to provide the necessary professional services according to the negotiated scope of work and cost. Adequate management of construction projects by the City of Miami Beach Office of Capital improvement Projects (CIP) requires implementation of CEI services during construction. The ability to have a rotating list of CEI firms available to provide these services for Capital Improvement Projects would enable the City to effectively and efficiently manage the construction phase of these projects. 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 two (2) 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. SCOPE OF SERVICES The Consultant's Basic Services that may be provided under this Agreement shall (at a minimum) consist of, but not be limited to, the following: 1. Administer the Construction Contract and monitor and inspect the work performed by the Contractor such that the project is constructed in reasonable conformity with the plans, specifications, and special provisions of the Construction Contract. 32 Commission Memorandum-Issuance of the Construction Engineering & Inspection Services RFQ July 18, 2012 Page 2 of11 2. Provide Survey Control -Consultant shall check or establish the survey control baseline(s) along with sufficient baseline control points and bench marks at appropriate intervals along the project in order to: (1) make and record measurements necessary to calculate and document quantities for pay items, (2) make and record pre-construction and final cross section surveys of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project, and (3) perform incidental engineering surveys. 3. Resident Engineering Services -Coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing the construction project. Services shall include maintaining the required level of surveillance of Contractor activities, interpreting plans, specifications, and special provisions for the Construction Contract. Maintain complete, accurate records of all activities and events relating to the project and properly document all project changes. The following services shall be performed. a) General Coordination: The Consultant shall communicate daily or periodically with the City, the Design Consultant and Contractor, as needed. They shall report on concerns as it relates to the construction effort and activities. In addition, the Consultant shall also coordinate with the Public Information Officer (PIO) where notifications such as utility outages, road closures, etc. may be required. The Consultant shall monitor and verify that the Contractor has made the required notifications to the utility owners, residents and businesses as may be required. b) Value Engineering Meetings: The Consultant shall be expected to attend, participate, and provide cost estimating information at Value Engineering meetings between the City, the Design Consultant, and the Contractor for the Project. c) Resident's Information Meetings: The Consultant shall be expected to attend, address residents' concerns, participate, produce meeting minutes, and take a lead role in Resident Information Meetings with the City for the Project. d) Pre-Construction Meetings: The Consultant shall be expected to attend, participate, produce meeting minutes and take a lead role in Pre-Construction Meeting with the City, Design Consultant and Contractor for the Project. The Pre-construction Meeting shall be scheduled once the first Notice-to-Proceed is issued to the Contractor. e) Weekly Construction Progress Meetings: The Consultant shall attend, participate and take a lead role in weekly construction project meetings with the City, Design Consultant and Contractor on the Project. These meetings shall serve as forums to review the status of construction progress, discuss construction issues, discuss schedule and/or cost concerns, discuss potential changes or conflicts, review the status of shop drawing submittals and Construction Document clarifications and interpretations, and to resolve problems before they become critical. Consultant shall prepare weekly meeting minutes and distribute to all meeting attendees, review the two week look ahead provided by the Contractor and provide comments or objections to written statements within the specified timeframe. The Consultant shall prepare detailed weekly reports that describe the construction activities, progress, incidents and issues that have occurred on the construction site and distribute to the attendees in advance of the weekly construction progress meetings. f) Field Observations: The Consultant shall conduct field observations on a daily basis 33 Commission Memorandum -Issuance of the Construction Engineering & Inspection SeNices RFQ July 18, 2012 Page 3 of11 throughout the duration of construction. Field observations shall be provided jointly by the City and the Consultant. If and when necessary, the City shall provide part-time construction inspectors for the duration of the Project. The role of the City's construction inspectors shall be limited. The Consultant shall be present at the construction site daily during the construction phase of the Project and shall be expected to be available, as needed, throughout the Contractor's work day. g) Stormwater Permit -Verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. For each project that requires the use of the NPDES General Permit, provide at least one inspector who has successfully completed the "Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors". The Consultant's inspector shall be familiar with the requirements set forth in the FEDERAL REGISTER, Vol. 57, No. 187, Friday, September 5, 1992, pages 4412 to 4435 "Final NPDES General Permits for Storm Water Discharges from Construction Sites" and the City's guidelines. h) Specialty Design Consultant Site Visits: The Consultant shall monitor the number of specialty site visits requested by the Contractor or City and conducted by the Design Consultant. When it becomes evident that a specialty site visit from the design Engineer of Record (EOR) shall be required, the Consultant shall notify the EOR to discuss and schedule a mutually acceptable time for meeting at the construction site. i) Daily Reports: The Consultant shall prepare daily reports, on the same date as construction occurs, to record the daily performance of the Contractor as well as other significant construction related matters. Daily reports shall be uploaded by the Consultant to e-Builder™, the City's document management system. At the end of each week, the Consultant shall forward the original daily reports to the City for review. The Consultant shall maintain and file paper copies of the daily reports onsite for reference. The daily reports shall include records of when the Contractor is on the job-site, general field observations, weather conditions, change orders, changed conditions, list of job site visitors, daily drilling and testing activities, testing results, testing observations, and records of the outcome of tests and inspections. At a minimum the daily reports shall contain the following information: • Weather and general site conditions • Contractor's work force counts by category and hours worked • Description of Work performed including location • Equipment utilized • Names of visitors to the jobsite and reason for the visit • Tests made and results • Construction difficulties encountered and remedial measures takeJ1 • Significant delays encountered and apparent reasons why • Description of (potential) disputes between the Contractor and City • Description of (potential) disputes between the Contractor and residents • Summary of additional directions that may have been given to the Contractor • Detailed record of materials, equipment and labor used in connection with extra work, or where there is reason to suspect that a claim or request for Change Order may be submitted by the Contractor • Summary of any substantive discussions held with the Contractor and/or City • Summary of nonconforming work referenced to corresponding Non- Compliance Notice • A log of photographs taken 34 Commission Memorandum -Issuance of the Construction Engineering & Inspection Services RFQ July 18, 2012 Page 4 of11 j) Photographic Record: Consultant shall provide a photographic record of the overall progress of construction, beginning with preconstruction documentation, following with on-going construction documentation, and ending with post-construction documentation. Photographs shall be digital snapshot type taken to define the progress of the project and shall be filed electronically by month in e-Builder™, the City's document management system, labeled by date, time and location. The Consultant shall upload all photos to the e-Builder™ document management system on a weekly basis. k) Adherence to Construction Documents: The Consultant shall review materials and workmanship of the projects and report to the City any deviations from the Construction Documents that may come to the Consultant's attention. Consultant shall determine the acceptability of the work and materials and, in concert with the Design Consultant (as necessary), make recommendations to the City to reject items not meeting the requirements of the Construction Documents. I) Delivery of Unaccepted Materials to Jobsite: As new materials are delivered to the jobsite, the Consultant shall check the material's certifications and samples and verify that an approved shop drawing was submitted for the material in question. If it is determined that a submittal has not been approved, the Consultant shall immediately notify the City and issue a Non-Compliance Notice. In conjunction with the Design Consultant (as necessary}, the Consultant shall direct and supervise the sampling and testing of materials to be performed by the City's independent testing laboratory. The Consultant shall maintain test report logs which shall be submitted to the City for review on a monthly basis and uploaded to e-Builder™, the City's document management system on a weekly basis. Consultant shall also review invoices submitted by the independent testing laboratories and recommend payment by the City. m) Shop Drawing Submittals: The Consultant shall review shop drawing and product approvals throughout the duration of the construction period for familiarity prior to delivery of materials. Consultant shall verify that Contractor is maintaining a submittal log, conducting timely submittals, and uploading approved shop drawings to e-Builder™, the City's document management system. n) Issuance of Non-compliance Notices: The Consultant shall be responsible for notifying the City when they become aware of a condition that is believed to be in non- compliance with Construction Documents. Anytime the Consultant notices a potential construction problem or a condition that could result in non-complying materials, equipment or workmanship, the Consultant will need to determine whether the condition poses an immediate threat to public health or safety. If a condition does not pose a threat to public health or safety, immediate verbal notification or "Pre-Noncompliance Notice" of fhe potential non-compliance should be made to the Contractor and the City. This verbal notice shall be documented in the Consultant's daily report and shall advise the Contractor of potential construction problems, errors, or deficiencies that can be promptly resolved and do not warrant a Non-compliance Notice. If the Contractor fails to respond to the verbal notification within a reasonable timeframe, the Consultant shall notify the City and the City's Projects Coordinator shall issue a Non-compliance Notice. If a condition poses an immediate threat to public health or safety, the Consultant shall notify the Contractor and City immediately and the City's Projects Coordinator shall issue a Non-compliance Notice to the Contractor. Non-compliance Notices shall include a description of the Work that does not meet the construction contract requirements, along with a required timetable for corrective work to be implemented by the Contractor. Other 35 Commission Memorandum-Issuance of the Construction Engineering & Inspection Services RFQ July 18, 2012 Page 5 of11 items that should be included in the Notice include a reference to the provision of the Construction Documents that has been violated. o) Damage to Existing Facilities: The Consultant shall identify any existing facilities damaged by the Contractor and verify that the Contractor has notified the respective owner(s). The Consultant shall include record of such occurrences in the daily reports. p) Change Orders: Consultant shall perform an independent review of any Change Orders submitted by the Contractor and provide a written statement noting recommendation for approval or denial of the Change Order to the City. If recommended for approval, the Consultant shall note if the requested cost and schedule impacts are fair and reasonable. The Consultant shall be responsible for maintaining a Change Order log and uploading approved Change Orders to e-Builder™, the City's document management system. The Consultant shall also participate in change request review meetings with City and Contractor to resolve and/or negotiate the equitable resolution of request. q) Requests for Information/Construction Document Clarification (RFis/CDCs): When RFis and CDCs involve design issue interpretations, the Consultant shall coordinate with the Design Consultant, as needed, to resolve the Contractor's Requests for Information, Construction Document Clarifications, Field Orders, and other related correspondence. The Consultant shall be also be responsible for verifying that the Design Consultant is providing a written response to RFis and CDCs in a timely manner and for processing, logging, and distributing all RFis/CDCs. Consultant shall upload all RFI and CDC responses to e-Builder™, the City's document management system. r) Schedule: Analyze the Contractor's schedule(s) (i.e. baseline(s), revised baseline(s), updates, as-built, etc.) for compliance with the contract documents. Elements including, but not limited to, completeness, logic, durations, activity, flow, milestone dates, concurrency, resource allotment, and delays shall be reviewed. Verify the schedule conforms with the construction phasing and MOT sequences, including all contract modifications. Provide a written review of the schedule identifying significant omissions, improbable or unreasonable activity durations, errors in logic, and any other concerns as detailed in the contract documents. s) Pay Requisitions: Consultant shall verify Contractor's pay requisition quantities and sign-off on all pay requisition quantities in the field. Consultant shall be responsible for reviewing with the Contractor the monthly payment requisition to confirm the status of completed and uncompleted work and stored materials. The Consultant shall advise the City of quantities being approved for subsequent concurrence for payment purposes. Payment Requisitions shall only be approved by the City. t) Equipment Tests and Systems Start-up: Consultant shall be responsible for coordinating various tests for quality control on the projects; verifying that equipment tests and systems start-up are conducted in the presence of appropriate personnel; and that the Contractor is maintaining adequate records thereof. Consultant shall observe, record, and report appropriate details relative to the test procedures and start-up. u) Record Drawings: Consultant shall monitor that record drawing mark-ups are properly maintained by the Contractor. The Consultant shall review the record drawing mark-ups as deemed necessary by the City. Contractor's failure to maintain the record drawings in up-to-date condition may be deemed grounds for withholding Contractor's monthly payment requisitions until such time as the record drawings are brought up-to-date. The 36 Commission Memorandum-Issuance of the Construction Engineering & Inspection Services RFQ July 18, 2012 Page 6 of11 Consultant shall notify the City if it considers the mark-up documents insufficient. The City shall make final determination of payment withholding. v) Safety: Consultants shall be expected to recognize a hazard that any reasonable non- safety professional might be expected to recognize. In addition, those safety obligations extend only to recognizable hazards that the Consultant may note while in the normal conduct of onsite business. If a situation presents itself, the following procedures should be followed: • Immediately direct personnel to remove themselves from the apparent danger. • Notify the Contractor's superintendent of the apparent condition that caused the concern and that the affected personnel were directed to remove themselves accordingly. • Notify the Contractor of the situation that arises concern, both in writing and verbally. • Issue a written Notice of Noncompliance stating that the Contractor should take immediate action as it deems necessary to correct the deficiency I condition. • Write a full report in the Daily Report on the condition found to be unsafe, all actions taken, and correspondence written, including times and names. • Take photographs, of the concern. • If the Contractor does not make corrections, the Consultant should notify the City. • The Consultant shall review the situation with the City for further direction. • The condition, as well as all conversations and correspondence, shall be recorded in the Consultant's Daily Report. • In the case of a construction-related accident, Consultant shall notify the City of the accident. Consultant shall direct the Contractor to prepare an accident report with a copy forwarded to the City. w) Quality Control: The Consultant shall review and monitor the Contractor's adherence to an acceptable quality control program submitted by the Contractor prior to the issuance of the second Notice-to-Proceed by the City. This program shall describe the Contractor's quality control, organizational procedures, documentation controls and processes for each phase of the work. Quality control during construction shall be the responsibility of the Contractor; however, oversight and ensuring the Contractor complies with applicable jurisdictional construction standards shall be enforced on the City's behalf by the Consultant. x) Proceeding with Dispute2 Work: In the event that an agreement cannot be reached on a Change Order, the Contractor must carry on the work and adhere to the project schedule in accordance with the construction contract general conditions. The Consultant shall log all forced work efforts related to disputed change order on a Forced Work Daily Log Reports which shall be signed and dated by the Consultant and the Contractor's representative at the completion of each workday. The Consultant shall forward copies of this form to the City for record purposes. y) Maintenance of Traffic (MOT): The Contractor shall provide the Consultant, City and Design Consultant with approved copies of its MOT at the Pre-Construction Meeting for general information purposes. It shall be the Consultant's responsibility to verify compliance with the MOT in the field. 37 Commission Memorandum -Issuance of the Construction Engineering & Inspection SeNices RFQ July 18, 2012 Page 7 of11 z) Contractor Request for Services: When the Contractor requires services from the City for issues such as water main shutdowns, tie-ins to existing water mains, special regulatory inspections, etc., a request shall be made in writing by the Contractor, and forwarded by the Consultant to the City, a minimum of three working days prior to when required. aa) Substantial Completion: When the Contractor considers that the Work has reached Substantial Completion, the Contractor shall notify the Consultant who shall verify that the work has progressed to the substantial completion point in accordance the Construction Documents. If the Consultant is in agreement, the Consultant shall contact the City to agree on a schedule for conducting a substantial completion "walk-through" inspection of the Work. Consultant shall attend and participate in the substantial completion "walk-through", perform a substantial completion inspection with the Contractor, Design Consultant and the City, and prepare a master punch list that describes items remaining to be completed. This master punch list shall be attached to the certificate of substantial completion. bb) Final Completion and Project Closeout: When the Contractor considers that the Work has reached Final Completion, the Contractor shall notify the Consultant who shall verify that the work has progressed to the Final Completion point in accordance the Construction Documents. If the Consultant is in agreement, the Consultant shall contact the City to agree on a schedule for conducting a Final Completion "walk-through" inspection of the Work. Consultant shall attend and participate in the Final Completion "walk-through" and perform a Final Completion inspection with the Contractor, Design Consultant and the City. If the work is determined to be incomplete, Consultant and other attendees shall each develop a punch list of items requiring completion or correction prior to consideration of final acceptance of each project which shall be forwarded to the Contractor by the Consultant for the Project. Consultant shall complete all necessary close-out and construction completion forms and documentation in coordination with the City for the Project. The Consultant shall work with the Design Consultant and the Contractor, as necessary to ascertain materials required for the closeout binder, as required by the City, and review the Operation and Maintenance manuals for each project for completeness prior to forwarding documentation to the City. Once all parties determine the work is complete and the Contractor has delivered all close-out documentation to the City, the Consultant shall prepare a Final Certificate for Payment. The Consultant shall be responsible for providing final certifications based on the entire scope of work for the Project. cc) Consultant and Design Consultant Relationship: These services outlined herein are intended to provide support to both the City and the Design Consultant during the construction phase of the Project. The Consultant shall perform the services outlined in this Agreement under the supervision and contractual directives of the Project Coordinator, and shall refer all matters pertaining to this Agreement to the City. In matters relating to the design concept and constructability thereof, the Consultant shall conduct this scope of services under the technical directives issued by the Design Consultant such that the Design Consultant's EOR can provide final certification of the design components at Project Closeout. 4. Provide qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. The personnel shall be qualified by experience and education. Submit in writing to the City for review and approval, the names of personnel proposed for assignment to the project, including a detailed resume for each. The City 38 Commission Memorandum -Issuance of the Construction Engineering & Inspection Services RFQ July 18, 2012 Page 8 of11 reserves the right to have Consultant's personnel removed and substituted from the project, if the employee's conduct or performance is detrimental to the project. The City reserves the right to request periodic rotation of field personnel. 5. The Consultant shall furnish the City with a Quality Assurance Plan within 15 calendar days after the award of this agreement. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the Consultant's organization for providing services pursuant to this Agreement. Significant changes to the work requirements may require the Consultant to revise the QA Plan. It shall be the responsibility of the Consultant to keep the plan current with the work requirements. The Plan shall include, but not be limited to: • Consultant's QA Organization and its functional relationship to the part of the organization performing the work under the Agreement. The authority, responsibilities and autonomy of the QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization. • Methods used to monitor and achieve organization compliance with Agreement requirements for services and products. • Outline the types of records which shall be generated and maintained during the execution of the QA program. • Methods used to control subconsultant and vendor quality. • An officer of the Consultant firm shall certify that the inspection and documentation was done in accordance with specifications, plans, City standards, and City's procedures. • Maintain adequate records of the quality assurance actions performed by the organization (including subcontractors and vendors) in providing services and products under this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. 6. Provides assistance in preparing for arbitration hearings or litigation that occurs during the Agreement time in connection with the construction project covered by this Agreement. 7. Provide qualified engineering witnesses and exhibits for arbitration hearings or litigation in connection with the Agreement. 8. Provide services determined necessary for the successful completion and closure of the Construction Contract. 9. Provide Post construction claims review-The Consultant shall analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and process the required documentation to close out the claim. ... 10. The Consultant may be asked to provide all or some construction engineering and inspection services including inspectors, construction managers and/or construction administration staff for CIP Right-of-Way construction projects. MINIMUM REQUIREMENTS For purposes of compliance with this minimum experience requirement, the term "Proposer'' is hereby defined to mean the firm and/or business entity which is submitting a proposal pursuant to this RFQ. Accordingly, the firm and/or business entity must meet the minimum requirements listed below in order to be deemed responsive. Non-responsive bids will be disqualified from consideration. 39 Commission Memorandum -Issuance of the Construction Engineering & Inspection Services RFQ July 18, 2012 Page 9 of11 1. Team's Experience: • Indicate the firm's number of years of experience in providing the requested professional specialization services with strong focus on municipal improvement projects; • List all projects undertaken in the past five (5) years, describe the scope of each project in physical terms and by cost, describe the respondent's responsibilities, and provide the name and contact telephone number of an individual in a position of responsibility who can attest to respondent's activities in relation to the project. An SF 255 and SF254 can suffice this request. • Provide the name(s) of the person, within your organization who was most actively concerned with managing each project; • List and describe all legal claims against any member of the team alleging errors and/or omissions, or any breach of professional ethics, including those settled out of court, during in the past five (5) years. 2. Project Manager's Experience: Provide a comprehensive summary of the experience and qualifications of the individual(s) who as proposed will be selected to serve as Project Manager(s). These individuals must have a minimum of (5) five years' experience in their designated professional specialization. Additionally, the selected Project Managers(s) must provide examples of three previous projects that demonstrate their experience and capacity in performing professional services contracts for public sector clients with focus on municipal residential improvement projects. 3. Previous Similar Projects: Please provide a list of a minimum of five projects which demonstrate the Team's experience in providing the services for the listed scope of services above. Please provide the following information for each sample project. • Client name, address, phone number, email. • Consultant (Architect, Engineer, other) name, address, phone number, fax and/or e-Mail address. • Description of the scope of the work. • Month and Year the project was started and completed. • Total cost and/or fees paid to your firm. • Total cost of the construction, estimated and actual. • Role of the firm and the responsibilities. 4. Qualifications of Project Team: Provide a list of the personnel to be used on this project and their qualifications. A resume of each individual, including education, experience, and any other pertinent information shall be included for each team member to be assigned to this project. 5. Project Approach: Provide a detailed description on the Project Team approach to the required services. Information should include: • Organizational structure of project team. • Project specific approach. 40 Commission Memorandum-Issuance of the Construction Engineering & Inspection Services RFQ July 18, 2012 Page 10 of 11 RFQ PROCESS The procedure for response, evaluation and selection will be as follows: 1. RFQ issued 2. Pre-qualification meeting 3. Receipt of qualificaiton packages 4. Opening and listing of all responses received. 5. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each response in accordance with the requirements of this RFQ. If further information is desired, respondents may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 6. The Evaluation Committee will recommend to the City Manager the proposal(s) that the Evaluation Committee deem to be in the best interest of the City by using the following criteria for selection: 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. 41 Commission Memorandum -Issuance of the Construction Engineering & Inspection Services RFQ July 18, 2012 Page 11 of 11 7. The City Manager shall recommend to the City Commission the firm or firms, acceptance of which the City Manager deems to be in the best interest of the City. 8. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject the City Manager's recommendation(s) and select another response or responses. In any case, City Commission shall select the response or responses, acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 9. Negotiations between the selected respondent and the City take place to arrive at agreement terms. If the City Commission has so directed, the City may proceed to negotiate an agreement with a respondent other than the top ranked respondent if the negotiations with the top ranked respondent fail to produce a mutually acceptable agreement within a reasonable period of time. 10. A proposed contract is recommemed by the City Manager to the City Commission for approval. 11. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected respondent(s) has (or have) done so. CONCLUSION The Administration recommends that the Mayor and the City Commission authorize the issuance of a Request for Qualifications (RFQ) for the establishment of a pre-approved list of Professional Construction Engineering and Inspection (CEI) Firms to provide various CEI services on an "as needed basis." - 42 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Authorize The Issuance Of A Request For Proposals (RFP) For The Provisions Of Various Banking Services To The City Of Miami Beach, For A Five-Year Period With Five One-Year Renewal. Key Intended Outcome Supported: Improve the City's overall financial health and maintain overall bond rating. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: I Should the City Commission authorize the issuance of an RFP for banking services? Item Summary/Recommendation: Every five years the City issues an RFP seeking competitive pricing for various banking services involving the general operating, general depository and payroll accounts among several others. These services consist of a General Depository Account for funds collected daily; a General Disbursing Account which is strictly a checking account; a Payroll Disbursing Account to cover bi-weekly payroll; computerized services, including direct deposits, control pay, web pay, debit/credit memos, ACH deposits, daily and monthly statement and stop payments; lockbox processing; wire transfers; zero balance services and automatic redeposit of items returned to mention a few. With the approval of the City Commission, the Administration will issue two separate RFP's: one for banking services and the other for credit card merchant processing services. By issuing two separate RFP's, the City is anticipating that it will receive more replies to the credit card merchant processing service than combining this service with the banking services in just one RFP. The objective the credit card merchant processing service RFP would be to identify the credit card processing company that will provide the City with the highest quality service for the best value. The cost of these services will be paid from the interest earned on 1he City's General Depository Account which is an interest bearing account held by the bank. The original term of the contract will begin on January 1, 2013 for a five year term with five one- year renewal options. Each year of the five year options may be renewed at the sole discretion of the City, through its City Manager. AUTHORIZE THE ISSUANCE OF THE RFP Advisory Board Recommendation: N/A Financial Information: Amount Account 'Appro:ved Source of Funds: Cost of services paid by interest QBPI earnings Total City Clerk's Office Legislative Tracking: Patricia Walker, Chief Financial Officer Sign-Offs: n \ Department Director As _l: 71,.-,., i~y Manager POW 'V T:\AGENDA\2012\7-18-12\Banking Services RFP-Summary Memo.doc M!IAMIBEACH 43 ·City'Manager KGB .,.A£;'7 / AGENDA ITEM _C_~...,B __ DATE 7.,/ 'i-I l- ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti H. Bower and Members of the City Commi~sion ~ .£ Kathie G. Brooks, Interim City Manager /~ Y --• July 18, 2012 REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR THE PROVISIONS OF VARIOUS BANKING SERVICES TO THE CITY OF MIAMI BEACH, FOR A FIVE-YEAR PERIOD WITH FIVE ONE-YEAR RENEWAL OPTIONS. ADMINISTRATION RECOMMENDATION Authorize the issuance of the RFP. ANALYSIS Every five years the City issues an RFP seeking competitive pricing for various banking services involving the general operating, general depository and payroll accounts among several others. These services consist of a General Depository Account for funds collected daily; a General Disbursing Account which is strictly a checking account; a Payroll Disbursing Account to cover bi-weekly payroll; computerized services, including direct deposits, control pay, web pay, debit/credit memos, ACH deposits, daily and monthly statement and stop payments; lockbox processing; wire transfers; zero balance services and automatic redeposit of items returned to mention a few. With the approval of the City Commission, the Administration will issue two separate RFP's: one for banking services and the other for credit card merchant processing services. By issuing two separate RFP's, the City is anticipating that it will receive more replies to the credit card merchant processing service than combining this service with the banking services in just one RFP. The objective of the credit card merchant processing service RFP would be to identify the credit card processing company that will provide the City with the highest quality service for the best value. The cost of these services will be paid from the interest earned on the City's General Depository Account which is an interest bearing account held by the bank. The original term of the contract will begin on January 1, 2013 for a five year term with five one-year renewal options. Each year of the five year options may be renewed at the sole discretion of the City, through its City Manager. 44 Commission Memorandum-July 18, 2012 Banking Services RFP Page2 of5 SCOPE OF SERVICES There are several services which are required as part of this request for proposal. All services must be included in the proposal in order for it to be considered. The banking services detailed in this section are to be performed for the City on a contractual basis for five years with five one-year renewal options. It is the intent of the City to have one single bank provide the service needs of the City on its three major bank accounts, which are the general depository, general disbursing and payroll accounts and any other bank accounts that the City may have or open in the future. The services and scope of services are as follows: 1. GENERAL DEPOSITORY ACCOUNT-City funds collected daily will be deposited in this account the following business day. Checks deposited will be available the day of deposit in the bank by the time of day the bank normally closes its transactions for that day. This will also include Automated Clearing House (ACH) transactions generated by Miami-Dade County, which must be considered available on date of receipt, even if received after normal closing hours. All transactions must be identified. This account has to be an interest bearing account. The proposer will need to show the basis and method of computing such interest earnings. 2. GENERAL DISBURSING ACCOUNT -This account will be strictly a checking account. The bank will transfer the exact amount of funds each day to this account to cover clearings. Approximately 1 ,500 checks will be issued monthly, amounting to approximately $7,000,000. Disbursements will be made by check as well as wire transfer; each transaction must be shown separately on the bank statement (no netting permitted). 3. PAYROLL DISBURSING ACCOUNT-The City's payroll is currently bi-weekly, paying every other Friday approximately 2,000 employees; net pay amounts to approximately $3,000,000 bi-weekly. The bank will transfer the exact amount required each day to cover clearings 4. COMPUTERIZED SERVICES -All demand and time deposit accounts maintained must be computerized so that reconciliation can be performed. Reconciliation service to produce an outstanding check list for each account with substantial check activity must be available to the City by the 15th day of the month following activity, as well as, a CD with scanned images of the front and back of each check issued for all accounts. In addition, the bank must provide a separate computer listing of all checks which have cleared by check (voucher) number and amount with a total dollar amount indicated on all accounts not designated for automatic reconciliation services. The City needs the ability to use a form of Control Pay that will allows items that are transmitted to be verified prior to being paid by the bank. The ability to offer ACH on-line bill payment, utilizing credit cards, debit cards, and ACH transactions. The City requires an On-line banking feature to be used to obtain and report on balances and transactions on a daily basis for each bank account. This feature must also allow for the initiation of wire transfers and stop payments. 45 Commission Memorandum -July 18, 2012 Banking Services RFP Page3 of5 The proposer should have the capability to upload data (cleared checks) to the City's financial system. 5. SAME DAY PROCESSING-All transactions received before the close of business must be posted on the same day (at no extra charge). 6. STATEMENT AND ADVICE FREQUENCY -All advises affecting a debit or credit memo type transaction must be produced daily and emailed/fedex to the City. Statements on all bank accounts will be produced monthly on a calendar month basis and available to the City no later than the 7th working day of the subsequent month. 7. AUTOMATIC REDEPOSIT OF DEPOSIT ITEMS RETURNED-All deposit items charged back on the City's general operating/depository account will be automatically re-deposited the following day of the bank. If returned a second time, they will be forwarded on a daily basis to the City 8. DIRECT DEPOSIT/ACH-PAYROLL CHECKS-The proposer must have the ability to initiate direct deposit for payroll. It is estimated that 1850 of the City's 2000 employees utilize direct deposit. Additionally, the ability to provide payroll cards for those employees that are not on direct deposit 9. COUNT AND DEPOSIT METER COLLECTIONS-The Parking Department via an armored car service will deliver 20-23 bags containing coins (in all denominations) in the amount of $12,000 to $20,000 daily. Bank must have the ability to count, weigh and deposit coins, or provide an alternative solution for this process. 10. LOCK BOX ACCOUNT PROCESSING -The City utilizes a lock box to receive payments for various types of City fees. The proposer must have the ability to process transactions and report by type. The estimated volume is $2,500,000 per month. 11. AUTOMATED TELLER MACHINE (ATM}-The proposer must be willing to install a revenue sharing ATM at City Hall (at no cost to the City). 12. LOCAL .DECISION MAKING AT BANK OFFICES-The location of a banking office should be located in Miami Beach preferably located convenient to City Hall. This banking office should have the ability to make decision and solve problems. 13. PERSONAL CONTACT-The proposer must assign personal contacts at the Senior Management level, Branch, Treasury Management, Merchant Services and Technical Support areas. 14. PURCHASING CARD PRODUCT-The proposer must provide a Purchasing Card Product for ease of procurement purchases that can interface with the City's financial system, and it must also interface with the program Card Manager Plus by WORKS, or other equivalent software. 15. ADDITIONAL SERVICES (OPTIONAL)-No charge for non-client check cashing; offer employee benefits that include free checking account and other employee benefits. 46 Commission Memorandum -July 18, 2012 Banking Services RFP Page4 of5 16. OTHER OFFERED SERVICES-Any other product/service that the proposer may offer its clients that the City has not otherwise requested in the RFP. Alternate services: 17. CREDIT CARD PROCESSING-The proposer must have the ability to accept credit card payments on the Internet. Credit card payment must be processed within one business day. The proposer may incorporate as part of its bid, an additional alternative for credit card processing. Specifications for the credit card services are available on the RFP for credit card merchant processing services that will be issued in conjunction with the banking services RFP. EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION The procedure for proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of proposals. 3. Opening and listing of all proposals received. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further information is desired, proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. The Evaluation Committee shall base its recommendation on the following criteria: • State of the Art Technology-On-line Services-25 points • Charges for Services -45 points • Personal Contact Points -Customer Services -15 points • Interest rate earned -15 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. 47 Commission Memorandum-July 18, 2012 Banking Services RFP Page5 of5 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the proposal or proposals acceptance of which the City Manager deems to be in the best interest of the Cio/. 7. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject City Manager's recommendation(s) and select another proposal or proposals. In any case, City Commission shall select the proposal or proposals acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 8. Negotiations between the selected proposer and the City Manager or designee take place to arrive at a contract. If the City Commission has so directed, the City Manager may proceed to negotiate a contract with a proposer other than the top-ranked proposer if the negotiations with the top- ranked proposer fail to produce a mutually acceptable contract within a reasonable period of time. 9. If the City Commission has so approved, the City Manager or designee after successful negotiations, will present a contract acceptable to the respective parties to the City Attorney's office for approval as to form and language, and then to the Mayor and City Clerk for signature after the selected proposer has done so. CONCLUSION The Administration recommends that the Mayor and Commission authorize the issuance of the RFP for banking services. JMG/PW/jr T:\AGENDA\2012\7-18-12\Banking Services RFP-Commission memo.doc 48 / COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Authorize The Issuance Of A Request For Proposals (RFP) For The Provisions Of Credit Card Merchant Processing Services To The City Of Miami Beach, For A Five-Year Period With Five One-Year Renewal Options. Key Intended Outcome Supported: Improve the City's overall financial health and maintain overall bond rating. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Should the City Commission authorize the issuance of an RFP for banking services? Item Summary/Recommendation: Every five years the City issues an RFP seeking competitive pricing for various banking services involving the general operating, general depository and payroll accounts among several others. In the past, these banking services included the credit card merchant processing services. The City currently has a contract with SunTrust Bank that will expire on December 31, 2012, and also has a subcontract with Sun Trust Merchant Services for credit card processing services which will also expire on the same day. With the approval of the City Commission, the Administration will issue two separate RFP's: one for banking services and the other for credit card merchant processing services. By issuing two separate RFP's, the City is anticipating that it will receive more replies to the credit card merchant processing service than combining this service with the banking services in just one RFP. The objective the credit card merchant processing service RFP would be to identify the credit card processing company that will provide the City with the highest quality service for the best value. The original term of the contract will begin on January 1, 2013 for a five year term with five one- year renewal options. Each year of the five year options may be renewed at the sole discretion of the City, through the City Manager. AUTHORIZE THE ISSUANCE OF THE RFP Advisory Board Recommendation: N/A Financial Information: Amount To Be Source of Funds: Determined OBPI Total Ci Clerk's Office le islative Trackin Department Director MIAMIBEACH Account GF, Parking, RDA, Parks & Rec & other any other Funds that process Credit Cards 49 KGB A,GENDA ITEM DATE Approved MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti H. Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager ~ 4-- July 18, 2012 /// REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR THE PROVISIONS OF CREDIT CARD MERCHANT PROCESSING SERVICES TO THE CITY OF MIAMI BEACH, FOR A FIVE-YEAR PERIOD WITH FIVE ONE-YEAR RENEWAL OPTIONS. ADMINISTRATION RECOMMENDATION Authorize the issuance of the RFP. ANALYSIS Every five years the City issues an RFP seeking competitive pricing for various banking services involving the general operating, general depository and payroll accounts among several others. In the past, these banking services included the credit card merchant processing services. The City currently has a contract with Sun Trust Bank that will expire on December 31,2012, and also has a subcontract with Sun Trust MerchantServicesforcredit card processing services which will also expire on the same day. With the approval of the City Commission, the Administration will issue two separate RFP's: one for banking services and the other for credit card merchant processing services. By issuing two separate RFP's, the City is anticipating that it will receive more replies to the credit card merchant processing service than combining this service with the banking services in just one RFP. The objective of the credit card merchant processing service RFP would be to identify the credit card processing company that will provide the City with the highest quality service for the best value. The original term of the contract will begin on January 1, 2013 for a five year term with five one-year renewal options. Each year of the five year options may be renewed at the sole discretion of the City, through the City Manager. SCOPE OF SERVICES There are several services which are required as part of this request for proposal. All services must be included in the proposal in order for it to be considered. The credit card merchant processing services detailed in this section are to be performed for the City on a contractual basis. It is the intent of the City to have one single credit card processing 50 Commission Memorandum-July 18, 2012 Credit Card Services RFP Page 2 of4 company provide all the service needs of the City. The services and scope of services are as follows: 1. Provide a competitively based discount for the processing of all four major credit cards: Visa, MasterCard, Discover, and American Express. 2. The service shall allow the City to authenticate the cardholders and use the card's magnetic stripe to authenticate the cardholder and to authorize and capture the transaction. 3. Provide payment, settlement and refunding services. 4. Provide a customer receipt that has only the last four (4) digits of the credit card number and does not show the expiration date. 5. Deposit payments into specified City bank accounts by merchant I D. 6. Provide online daily transaction and account reconciliation reports by major credit card and by merchant ID. 7. Application must be compatible with the City's present equipment and software, or provide equipment and software alternative. 8. Provide, at no cost to the City, on-site technical service as may be required in the event of operational difficulties related to transmission of daily transactions or any equipment/software failure or malfunction. In addition to the above scope of services, the companies that would be replying to this RFP shall: 1. Be a company with at least five (5) years experience processing credit card payment records transmitted for processing and settlement from major credit/debit card processing networks. 2. Be a company with at least five (5) public sector customers. 3. Be compliant with all Payment Card Industry (PC I) security standards as established by the Payment Card Industry Standards Council. 4. Provide seven (7) days per week technical support utilizing a customer service phone number. 5. Provide daily settlement of merchant accounts. 6. Make next day deposits after settlement into the City's specified bank accounts. 7. Be able to handle approximately 255,000 monthly transactions which represents approximately $3 million and expected growth over the next five years. 8. Provide on-line resource for retrieving, reviewing, printing and/or downloading transactions and settlement data. 9. Have the ability to provide multiple user access to on-line reporting. 51 Commission Memorandum-July 18, 2012 Credit Card Services RFP Page3 of4 10. Notify the City in writing within ten (1 0) business days of any changes in Federal or State regulations that would thereafter affect the credit card merchant service contract. 11. Notify the City of any new services that become available to the City throughout the contract period. 12. Have the records relating to the City accounts open to review by either City staff or independent auditors during normal business hours. EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION The procedure for proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of proposals. 3. Opening and listing of all proposals received. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further information is desired, proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. The Evaluation Committee shall base its recommendation on the following criteria: • State of the Art Technology-On-line Services-25 points • Charges for Services including hardware & software costs -45 points • Personal Contact Points-Customer Services -15 points • Experience, Qualifications and References -15 points LOCAL PREFERENCE: The Evaluation Comnfljtee 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. 52 Commission Memorandum-July 18, 2012 Credit Card Services RFP Page4 of4 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the proposal or proposals acceptance of which the City Manager deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject City Manager's recommendation(s) and select another proposal or proposals. In any case, City Commission shall select the proposal or proposals acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 8. Negotiations between the selected proposer and the City Manager or designee take place to arrive at a contract. If the City Commission has so directed, the City Manager may proceed to negotiate a contract with a proposer other than the top-ranked proposer if the negotiations with the top- ranked proposer fail to produce a mutually acceptable contract within a reasonable period of time. 9. If the City Commission has so approved, the City Manager or designee after successful negotiations, will present a contract acceptable to the respective parties to the City Attorney's office for approval as to form and language, and then to the Mayor and City Clerk for signature after the selected proposer has done so. CONCLUSION The Administration recommends that the Mayor and Commission authorize the issuance of the RFP for credit card merchant processing services. JMG/PW/jr T:\AGENDA\2012\7-18-12\Credit Card Services RFP-Commission memo.doc 53 THIS PAGE INTENTIONALLY LEFT BLANK 54 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Purchase One (1) Vactron From Vac-Tron Equipment LLC Pursuant To GSA Contract No. GS-07F-0700N In The Amount Of $43,159.00, One (1) Nissan Forklift, One CAT Backhoe, One (1) Genie Aerial Work Platform From Kelly Tractor, One (1) Freightliner M2 Chassis With Options From Atlantic Truck Center, PursuantTo Florida State Contract No. 11-19-0907 In The Amount Of $228,361.00 And One (1) JLG Scissor Lift From Grainger, Pursuant To Florida State Contract No. 450-000-11-ACS In The Amount Of $12,490.00. Key Intended Outcome Supported: Ensure well Maintained Facilities, Maintain Miami Beach Public Areas and Rights of Way Citywide, Maintain City's Infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): 82.7% of Residents and 85% of businesses rated the appearance and maintenance of the City's public buildings as excellent or good. 83% of residents and 81% of businesses rated landscape maintenance in riQhts of way and public areas as excellent or good. Issue: Shall the Mayor and City Commission approve the purchase? Item Summary/Recommendation: The Freightliner M2 chassis with options is an approved budgeted replacement in fiscal year 11/12 and will be funded by the Fleet Management Fund Capital Account No. 510-1780-000673. This equipment will be used by the Parks Greenspace Dept. for the removal of debris. The Nissan Lift Truck, Genie Scissor Lift and JLG Scissor lift are approved budgeted replacements in fiscal year 11/12 and will be funded by the Convention Center Fund Capital Account No. 440-6039-000673. This equipment will be used for the maintenance of the Convention Center. The CAT backhoe is an approved budgeted replacement in fiscal year 11/12 and will be funded by the Public Works Water and Sewer Fund Account No. 425-0420-000673. This equipment will be used for excavation, installation and repair of force mains, gravity mains and laterals. The Vactron was budgeted in FY 2011/12 by the Property Management Fund Capital Account No. 520-1720-000674 and by the RDA City Center Operations Fund Capital Account No. 168-9964-00067 4, this equipment will be used to remove and discard sand from the drainage system along the beach. The Administration recommends approving the purchase. Advisory Board Recommendation: j n/a Financial Information: Source of Amount Account Funds: 1 $111 '706.00 510-1780-000673 Fleet Management Fund Capital Account (*) 2 $ 79,500.00 425-0420-000673 Public Works Water and Sewer Fund rr(i/· Account 3 $ 49,645.00 440-6039-000673 Convention Center Fund Capital Account 4 $ 25,659.00 520-1720-00067 4 Property Management Fund Capital Account 5 $ 17,500.00 168-9964-00067 4 RDA City Center Operations Fund Account OBPI Total $284,010.00 Financial Impact Summary: *Funding is previously appropriated in the City's FY 2011/12 Capital Budget and is planned to be reimbursed by an equipment loan. Clerk's Office Le islative Trackin : Jay Fink, Assistant Public Works Director. Ext: 6319 Si n-Offs: Department Director Manager MIAMI BEACH 55 City Manager KGB AGENDA ITEM _C_:2._D=-_ DATE 7-/9-Jc_ lD MIAMI BEACH ""=" City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, City Manager /~ h(_ July 18,2012 / REQUEST FOR APPROVAL TO PURCHASE ONE (1) VACTRON FROM VAC-TRON EQUIPMENT LLC PURSUANT TO GSA CONTRACT NO. GS-07F-0700N IN THE AMOUNT OF $43,159.00, ONE (1) NISSAN FORKLIFT, ONE CAT BACKHOE, ONE (1) GENIE AERIAL WORK PLATFORM FROM KELLY TRACTOR, ONE (1) FREIGHTLINER M2 CHASSIS WITH OPTIONS FROM ATLANTIC TRUCK CENTER, PURSUANT TO FLORIDA STATE CONTRACT NO. 11-19-09071N THE AMOUNT OF $228,361.00 AND ONE (1) JLG SCISSOR LIFT FROM GRAINGER, PURSUANT TO FLORIDA STATE CONTRACT NO. 450-000-11-ACS IN THE AMOUNT OF $12,490.00. ADMINISTRATION RECOMMENDATION Approve the purchase. FUNDING *Funding is previously appropriated in the City's FY 2011/12 Capital Budget and is planned to be reimbursed by an equipment loan. $111,706.00 Funding is available from the Fleet Management Fund Account No. 510- 1780-000673. $ 79,500.00 Funding is available from the Public Works Water and Sewer Fund Account No. 425-0420-000673. $ 49,645.00 Funding is available from the Convention Center Fund Capital Account No. 440-6039-000673. $ 25,659.00 Funding is available from the Property Management Fund Capital Account No. 520-1720-000674. $ 17,500.00 Funding is available from the RDA City Center Operations Fund Capital Account No. 168-9964-000674. ANALYSIS The Nissan lift truck, Genie scissor lift, Freightliner M2 chassis, and CAT backhoe are recommended to be purchased pursuant to Florida State Contract No. 11-19-0907. The Vactron is recommended to be purchased pursuant to General Services Administration Contract No. GS-07F- 56 Commission Memorandum-Feet Vehicles-Memo July 18, 2012 0700N. The JLG Scissor Lift is recommended to be purchased pursuant to Florida State Contract No. 450-000-11-ACS. Florida State Contract No.11-19-0907 Base Price MSRP As Ordered Nissan Lift Truck $21,676.00 $ 30,965.00 $ 23,900.00 Genie Scissor Lift $18,142.00 $ 22,965.00 $ 13,255.00* Freightliner M2 Chassis $33,322.00 $104,812.00 $111,706.00 CAT Backhoe $70,094.00 $101,080.00 $ 79,500.00 GSA Contract No. GS-07F-0700N Base Price MSRP As Ordered Vactron $43,159.00 $50,080.00 $ 43,159.00 Florida State Contract No. 450-000-11-ACS Base Price MSRP As Ordered JLG Scissor Lift $12,490.00 $18,750.00 $ 12,490.00 .. *less add1t1onal discount The Freightliner M2 Chassis with options is a approved budgeted replacement in fiscal year 11/12 and will be funded by the Fleet Management Fund Capital Account No. 510-1780-000673. This vehicle will be used by the Parks Greenspace Dept. for safely removing and transporting the debris generated by tree trimming and other landscape projects. The Nissan Lift Truck, Genie Scissor Lift and JLG Scissor Lift are approved budgeted replacements in fiscal year 11/12 and will be funded by the Convention Center Fund Capital Account No. 440-6039-000673. This equipment will be used for maintaining the Convention Center. The CAT Backhoe is an approved budgeted replacement in fiscal year 11/12 and will be funded by the Public Works Water and Sewer Fund Account No. 425- 0420-000673. This equipment will be used for excavation, installation and repair of force mains, gravity mains and laterals. The Vactron was budgeted in FY 2011/12 by the Property Management Fund Capital Account No. 520-1720-000674 and the RDA City Center Operations Fund Capital Account No. 168-9964-00067 4, this equipment will be used to safely remove and discard sand from the drainage system along the beach. BACKGROUND In the typical Fleet Management vehicle replacement process, all vehicles and equipment are scheduled for review and or replacement based on a pre-determined schedule using the average life expectancy based on industry standards and type of service for which the vehicle/equipment is being used. Each year the Fleet Management capital budget for replacements is adjusted in accordance with the schedule. Once the vehicle reaches its planned replacement, the vehicle/equipment is physically inspected. All information related to the vehicle is reviewed i.e. age, mileage/hours, maintenance cost, depreciation value, residual value, accident record and overall condition are taken into consideration to determine whether the vehicle should be replaced or can safely remain in the fleet for an additional time period and still be cost effective to maintain. Fleet Management and the Convention Center has detailed maintenance and fuel records on each vehicle/equipment during its life cycle. The vehicles to be replaced, as listed, have met or exceeded the established criteria for replacement. 57 Commission Memorandum-Feet Vehicles-Memo July 18, 2012 Veh# Dept Year Make Model Mileage/Hours 0650 0420 2001 Case 590SM 3.485 hours 0057-9 0441 1989 Yale GC50RD 1,324 hours 0571 0940 2000 Sterling L7500 38.444 0526 0940 2004 Morbark Tornado 600 hours Life to Date Condition Maintenance $63,248.00 Poor $7,878.00 Poor $40,274.00 Poor $10.400.00 Poor Criteria for replacement of vehicles are based on age, mileage, maintenance, engine hours (one engine hour idling = 35 miles), and overall condition of the vehicle. The life to date maintenance includes all costs associated with the vehicle, including, but not limited to, repairs, routine maintenance, accidents and other damage. In preparing the annual fleet acquisitions list, Fleet Management analyzes piggyback contract pricing when such contracts are available and within the guidelines of the City Procurement Policy. The analysis of the State wide contracts is critical as this review affects the decision to use the contracts or pursue a separate bid. Historically, and again in this fiscal year, the review indicates that use of the large State wide contracts is much more advantageous to the City than bidding on our own. When the Contracts are compared to the manufacturer's suggested retail price (MSRP), the pricing historically and also in this year, is significantly lower because certain Fleet dealers, usually high volume factory recognized, receive a "price concession" from the vehicle manufacturers when bidding on government contracts. One of the primary contracts that we have historically accessed is the Florida Sheriffs Association (FSA) Florida State Contract. FSA "request for bid" is sent to over 20 dealers throughout the state for police vehicles. The results are a 2,000 page contract document which covers everything from A TV's, motorcycles, police cars, rescues to waste haulers. Police and Fire Apparatus being the bulk of the contract. This contract is a good example where the City benefits from the aggregate purchasing power of FSA, which are over 6,000 units statewide annually. CONCLUSION Request for approval to purchase one (1) Vactron from Vac-Tron Equipment LLC pursuant to GSA Contract No. GS-07F-0700N in the amountof$43, 159.00, one (1) Nissan forklift, one CAT backhoe, one (1) Genie aerial work platform from Kelly Tractor, one (1) Freightliner M2 chassis with options from Atlantic Truck Center, pursuant to Florida State Contract No. 11-19-0907 in the amount of $228,361.00 and one (1) JLG scissor lift from Grainger, pursuant to Florida State Contract No. 450- 000-11-ACS in the amount of $12,490.00. JGG/FHB/JJF/JC/JVD. T:\AGENDA\2012\July 18\Consent\July 18.2012 Fleet Vehicles. doc 58 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract To Dana Safety Supply, Inc., PursuantTo Invitation To Bid No. 46-11/12, For The Purchase And Installation Of Public Safety Lighting Equipment On City Vehicles In The Estimated Annual Amount Of $313,458. Ke Intended Outcome Su orted: Increase resident ratings of public safety services Issue: Shall the Mayor and City Commis'sion approve the award of a contract? Item Summary/Recommendation: The purpose of Invitation to Bid No. 46-11/12 was to establish a contract (s) by means of sealed bids, with a qualified contractors(s) for the purchase and installation of public safety lighting and equipment on vehicles. This contract shall remain in effect for a period of two (2) years from date of contract execution by the Mayor and City Clerk, and renewed at the sole direction of the City, through its City Manager, for three (3) additional one ( 1) year terms. The Bid also included an optional list of public safety equipment that the Police Department utilizes for which the bidders could submit pricing. Sixty-seven (67) police vehicles (sedans, utility vehicles, and Fusions) have been purchased which require emergency lighting and safety equipment to be installed, maintained and repaired, as needed. In addition, other new City vehicles, including twelve ( 12) A TVs for Ocean Rescue, will be required to be outfitted with safety equipment. There is also a need to repair or replace lights for existing equipment due to damage or failure as required by the using department. The estimated purchase is broken down into new equipment (capital) and repairs or replacement (maintenance). The lowest and best responsive bid for providing and installing the safety equipment on the vehicles was received from Dana Safety Supply, Inc. This vendor has a 7500 square foot Miami location which is a full retail, full wholesale, and full warehouse and installation facility. APPROVE THE CONTRACT AWARD Advisory Board Recommendation: IN/A Financial Information: Source of Amount .Account Approved Funds: 1 Fleet Management Capital Account No. $273,458 510.1780.000673 m 2 Fleet Management Fund Repair/maintenance $ 40,000 Supply Account No. 510.1780.000342 Total $313,458 OBPI Financial Impact Summary: Clerk's Office Le islative Trackin Raul Aguila Si n-Offs: 59 AGENDA ITEM __ (!.,_;2....,....:.::-E_ DATE 7-/ ~-/2- 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 Kathie G. Brooks, lntertm City Manager /A~~ . July 18,2012 / REQUEST FOR APPROVAL TO AWARD A CONTRACT TO DANA SAFETY SUPPLY, INC. PURSUANT TO INVITATION TO BID (ITB) NO. 46-11/12 FOR THE PURCHASE AND INSTALLATION OF PUBLIC SAFETY LIGHTING AND EQUIPMENT ON CITY VEHICLES, IN THE ESTIMATED AMOUNT OF $313,458. ADMINISTRATION RECOMMENDATION Approve the Award of a Contract. KEY INTENDED OUTCOME Increase resident ratings of public safety services FUNDING Funding was previously appropriated as part of the City's FY2011/12 Capital Budget for replacement and the FY2011/12 Operating Budget for repairs. $273,458.00 Funding is available from General Fund Fleet Management Capital Account No. 51 0-1780-000673 $ 40,000.00 Funding is available from Fleet Management Fund Repairs/Maintenance Supply Account No. 510-1780-000342. $313,458.00 Total ANALYSIS The purpose of Invitation 1o Bid No. 46-11/12 was to establish a contract by means of sealed bids, with a qualified contractor for the purchase and installation of public safety lighting and equipment on vehicles. This contract shall remain in effect for a period of two (2) years from date of contract execution by the Mayor and City Clerk, and may be renewed at the sole discretion of the City, through its City Manager, for three (3) additional one (1) year terms. The Bid also included an optional list of public safety equipment that the Police Department utilizes ·for which the bidders could submit pricing. 60 July 18, 2012 Commission Memorandum ITB 46-11/12 Page 3 The successful firm must be able to take direct shipments of vehicles upon reasonable notice and provide proof of manufacturer's drop ship code. The successful vendor must provide mobile service at the customer location upon request for the purpose of installations. Sixty-seven (67) police vehicles (sedans, utility vehicles, and Fusions) have been purchased which require emergency lighting and safety equipment to be installed, maintained and repaired, as needed. In addition, other new City vehicles, including twelve (12) ATVs for Ocean Rescue, will be required to be outfitted with safety equipment. There is also a need to repair or replace lights for existing equipment due to damage or failure as required by the using department. The estimated purchase is broken down into new equipment (capital) and repairs or replacement (maintenance). The police vehicles and A TVs presently awaiting lighting and equipment are estimated to cost $273,458 based on the bid items. Additional vehicles and equipment are anticipated to be purchased in this fiscal year which will require these items. To date, $11,500 has been spent out of the Fleet Management Repairs/Maintenance Account to repair and replace lighting and equipment. The contract and recommendation for award is based on estimated quantities. The bid includes unit pricing for materials and installation services. There is specific language within the invitation to bid which will be incorporated to the contract which states that "no guarantee is expressed or implied as to quantities." Payment will only be for materials supplied or services rendered. BID PROCESS The Bid was issued on June 11, 2012, with an opening date of June 25, 2012. A pre-bid conference to provide information to prospective contractors was held on June 18, 2012. The Florida Online Bid System issued bid notices to 41 prospective bidders. Additionally, the Procurement Division sent notices to six (6) prospective bidders. The notices resulted in the receipt of three (3) bids from the following firms: Dana Safety Supply, Inc; Lights N More, LLC; and Signal Technology Enterprise. Of the three (3) bids received, one (1) was deemed responsive, and two (2) were deemed non-responsive. Signal Technology Enterprises and Lights N More LLC did not meet the minimum requirement outlined in the specifications to be authorized by the manufacturers to take direct shipment of vehicles at their facility, and the requirement of being a factory authorized distributor, or a factory authorized warranty service center. Signal Technology also did not meet the insurance requirements. The lowest and best responsive bid for providing and installing the safety equipment on the City vehicles was received from Dana Safety Supply, Inc. This vendor has a Miami location with 7500 square feet, is a full retail, full wholesale, full warehouse, and installation facility. Dana Safety Supply, Inc. has previously provided public safety lighting and equipment for City vehicles in accordance to the appropriate configurations. Dana Safety Supply, Inc. has been in business over seven (7) years and was acquired by the 61 July 18, 2012 Commission Memorandum ITB 46-11/12 Page4 Scott-McRae Automotive Group of Jacksonville This company provides similar services to the following municipalities: Miami Dade County; City of Miami; Miccosukee Police Dept; City of Miami Gardens; Miami Dade County School Board PD; and Division of Homeland Security [ICE]. On June 25, 2012, the bid submissions were evaluated by the following individuals: Larry Bornstein, Police Captain Jorge Alessandri, Police Sergeant George Fisher, Fleet Analyst Joyce Dickerson, Fleet Office Associate V The Review Panel stated after reviewing the bids that it felt comfortable awarding a contract to Dana Safety Supply, Inc., the lowest and best responsive bidder. MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exercised her due diligence and is recommending that the Mayor and the City Commission authorize a contract to Dana Safety Supply, Inc. for the purchase and installation of safety lighting and equipment on the City vehicles. CONCLUSION Based on the analysis of the bids received, the Administration recommends that the City award a contract to Dana Safety Supply, Inc. for the purchase and installation of public safety lighting and equipment on City vehicles. JGG/FHB/JJF/JC/GF T:\AGENDA\2012\7-18-12\ITB-46-11-12 Safety Equipment Memo.doc 62 July 18, 2012 Commission Memorandum ITB 46-11/12 PageS APPENDIX "A" Group I 2013 Police Interceptor Sedan DANA SAFETY SUPPLY, Installation onlyl Patrol Marked Unit INC Item Description Cost per unit 1 Light bar $ 115.00 2 Console with floor plate $ 75.00 3 Siren Box $ 75.00 4 12v 3 outlet adapter $ 15.00 5 Inverter $ 15.00 6 Cup-holder $ 5.00 7 Partition with foot extensions $ 55.00 8 Shotgun or AR rack $ 65.00 9 Rear transport seat $ 55.00 10 Radio antenna base $ 25.00 11 External speaker with mounting beacket $ 45.00 12 Tremco dual smart anti-theft unit $ 45.00 INSTALLATION COST $ 590.00 OPTIONAL EQUIPMENT INSTALLATION 13 Laptop mount complete $ 75.00 14 Screen Support $ 7.50 INSTALLATION COST FOR OPT. EQUIP. $ 82.50 TOTAL INSTALLATION COST 1 THRU 14 $ 672.50 Hourly rate for non-standard items $ 51.00 Group 2 2013 Police Interceptor sedan DANA SAFETY SUPPLY, (installation only) supervisor marked unit INC Item Description Installation cost per unit 1 Light bar $ 115.00 2 Console with floor plate $ 75.00 3 Siren Box $ 75.00 4 12v 3 outlet adapter $ 15.00 5 Inverter $ 15.00 6 Cup-holder $ 5.00 7 Shotgun or AR rack $ 75.00 8 Radio antenna base $ 25.00 -·· 9 External speaker with mounting beacket $ "' 45.00 10 Tremco dual smart anti-theft unit $ 45.00 INSTALLATION COST $ 490.00 OPTIONAL EQUIPMENT INSTALLATION 11 Laptop mount complete $ 75.00 12 Screen Support $ 7.50 INSTALLATION COST FOR OPT. EQUIP. $ 82.50 TOTAL INSTALLATION COST 1 THRU 12 $ 572.50 Hourly rate for non-standard items $ 51.00 63 July 18, 2012 Commission Memorandum ITB 46-11/12 Page6 APPENDIX "A" Group 3 Crown Victoria Installation only K9 DANA SAFETY marked unit SUPPLY, INC Item Description Installation cost per unit 1 Light bar $ 115.00 2 Console with floor plate $ 75.00 3 Siren box $ 75.00 4 12V 3 outlet adapter $ 15.00 5 Inverter $ 15.00 6 Cup-holder $ 5.00 7 Rear deck third brake light $ 25.00 8 Corner strobe kit $ 95.00 9 Headlight flasher $ 25.00 10 Radio antenna $ 25.00 11 External speaker with mounting bracket $ 45.00 12 Tremco dual smart anti-theft unit $ 45.00 13 K-9 cag_e $ 95.00 14 Heat alert system with pager $ 35.00 15 Window fan $ 15.00 INSTALLATION COST $ 705.00 OPTIONAL EQUIPMENT INSTALLATION 16 Laptop mount complete $ 75.00 17 Screen support $ 7.50 INSTALLATION COST FOR OPT. EQUP. $ 82.50 TOTAL INSTALLATION COST 1 THU 17 $ 787.50 Hourly rate for non-standard items $ 51.00 64 July 18, 2012 Commission Memorandum ITB 46-11/12 Page 7 APPENDIX "A" GROUP 4 2013 Police Interceptor Sedan Patrol Marked unit Item Description Model No. Whelen liberty SX led light bar 48.5 w/sedan mounting 1 kit SX8BBRRPC/MKEZ76L 2 Setina # 1 0 space saver cage w/XL incl Lej>_ 10-XL-C 3 Laguna black transport seat with belts (rear)_ FT3501 4 Havis 14" Console C-VS-1400-INSE 4a Havis 23' Console C-VS-1058-INSE 5 Seina dual vertica gunlock w/cuff key SMCDUALVERTGUNLOCK 6 MPIInverter 400 MP1400 7 Havis two 12V outlet 3 switch plate C-LP2-PS3-2 8 100 watt speaker w/mounting bracket SA315P 9 Whelen cencom gold control head w/amp relay module CCSRN2 10 Whelen 20' microphone ext CCMICX20 11 Whelen Trim rirJg CCTRIM 12 Whelen deck mounted Avenger lights AVENS2RB 13 Havis "Brother" Armest Printer Mount C-ARPB-101 14 Tremco ant-theft integrated TREMOINT 15 Havis Daul External Cup Holder C-series C-CUP2-E-C • TOTAL MATERIAL ONLY Dana Safety$ 3,728.76 16 Havis computer mount w/lock UT-X 17 Havis Screen Support SS-UT-X 18 Havis Charge Gard Universal Control Module CG-X 19 Havis 15' Extension Cord, 16G MISC 20 Havis Computer Mounting Package PKGPSM241 TOTAL TOTAL INSTALLATION COST (1 THU 20) • TOTAL MATERIAL (1 THU 20) Dana Safety $ 4,372.92 Denotes Anthmet1cal Error 65 DANA SAFETY SUPPLY, INC Unit price $ 1,069.00 $ 539.00 $ 455.31 $ 163.30 $ 217.36 $ 279.16 $ 38.00 $ 39.48 $ 124.00 $ 458.12 INCLUDED INCLUDED $ 172.67 $ 153.65 $ 98.56 $ 21.07 $ 3,828.68 $ 153.97 $ 42.23 $ 55.04 $ 21.02 $ 371.90 $ 644.16 $ 590.00 $ 4,472.68 July 18, 2012 Commission Memorandum ITS 46-11/12 Page 8 APPENDIX "A" Group 5 2013 Police Interceptor utility vehicle patrol marked unit Item Description Model No. 1 Whelen liberty SX LED light bar 48.5 w/Suv mounting kit SX8BBRRPC/MKZ83 2 Setina# 1 0 space saver cage w/XL incl LEP 10-XL-C 3 Setina rear compartment partition w/expanded metal 12-VS 4 Laguna black trans_port seat with belts (rear) FT3501 5 Havis 21" console C-VS-1308-INUT 6 Setina Dual Vertical Gunlock w/cuff key SMCDUALVERTGUNLOCK 7 MPI Inverter 400 MPI400 8 Havis two 12VOutlet 3 switch plate C-LP2-PS3-2 9 100 watt speaker w/mounting bracket SA315P 10 Whelen cencom gold control head w/amp relay module CCSRN2 11 Whelen 20' microQ_hone ext CCMICX20 12 Whelen Trim ring CCTRIM 13 Havis "Brother'' Armrest Printer mount C-ARPB-101 Whelen deck mounted avenger lights w/adjustable AVNS2RB/AVNBKT4 14 height bracket 15 Tremco Ant-Theft Integrated TREMCOINT 16 Havis Dual External Cup Holder C-Series C-CUP2-E-C MATERIAL TOTAL ( 1-16 17 Havis computer Mount w/lock UT-X 18 Havis Screen Support SS-UT-X 19 Havis Charge Gard, Universal Control Module CG-X 20 Havis 15' extension cord 16G MISC 21 Havis computer mounting package PKGPSM241 TOTAL MATERIAL (17-21) TOTAL INSTALLATION COST ( 1 thu 21) MATERIAL TOTAL 1 THU 21 66 DANA SAFETY SUPPLY, INC Unit price $ 1,069.00 $ 539.08 $ 341.00 $ 455.31 $ 208.49 $ 279.16 $ 38.00 $ 39.48 $ 124.00 $ 458.1~ INCLUDED INCLUDED $ 153.65 $ 172.67 21.88 $ 98.56 $ 21.07 $4,019.47 $ 153.97 $ 42.23 $ 55.04 $ 21.02 $ 371.90 $ 644.16 $ 590.00 $4,663.63 July 18, 2012 Commission Memorandum ITB 46-11/12 Page 9 APPENDIX "A" Group 6 Alternate Item Description 1 Whelen Liberty light bar 2 Whelen Liberty Light bar 3 Whelen Liberty light bar lens replacement kit 4 Whelen Dual Avenger 5 Whelen Single Avenger 6 Whelen Slimlighter Light bar 7 Whelen Linz6 8 Whelen lon 9 Whelen Vertex 10 Whelen LINZ6 INNER-EDGE 8-LT TAURUS 11 Whelen Mini LFL LED Light bar 4 Corner 12 Pro-Gard Shotgun Rack W/Cuff key OH 13 Pro-Gard AR15 14 Pro-Gard AR 15/SG OH 15 Whelen 100W compact black composite 122db speaker 16 Whelen hand held remote siren 17 Whelen 30W siren/speaker combo w/PA 18 Tremco Integrated Anti Theft System 19 Tremco Integrated System for 2010 ford Infusion 20 Tremco Combined for 2011 Ford Taurus 21 Laguna Transport Seat 22 Rear deck lighting red/blue 23 Rear deck lighting red/blue 24 Rear mirror lighting dual red/blue 25 Rear mirror single RB ** LED color may vary 67 DANA SAFETY SUPPLY, INC Model No. Unit price SX8BBRRPC $ 1,069.00 SX2** $ 1,069.00 9LLENSPKIT1 $ 162.17 AVNS2** $ 172.67 AVN1** $ 89.18 SLPMM** $ 179.82 LINZ6** $ 59.44 ION** $ 75.88 VTX6** $ 52.66 IZ32UF8 $ 628.23 LT2** $ 519.08- G5500 w/s $ 310.08 G55000UTfor AR15 $ 202.88 G5500D w/s $ 629.88 SA315P $ 124.00 HHS2200 $ 256.72 WSSPA30 $ 159.84 TREMCO $ 98.56 Tremco-lnfusion $ 98.56 Tremcoft2011 $ 98.56 F2501 $ 406.31 GS1 DISCONTINUED DS1 DISCONTINUED TLN2RB $ 164.12 TLN1J $ 89.18 July 18, 2012 Commission Memorandum ITB 46-11/12 Page 10 APPENDIX "A" Group 7 Manufacturer Item Manufacturer Description AOI 1 Electrical Airbag Switches 2 Edison Automotive Light Bulbs 3 Havis-Shield La~top Mounts, consoles lights, scene lighting 4 Laguna 3P Rear Seats 5 Ray Allen K9 Cages and Heat Alert Systems 6 Setina Prisoner Patitions, Transport seats, seat organizer 7 Steck Automotive Locksmithing 8 Tremco Anti-theft system 9 Unity Lighting Equipment 10 Whelen Emergency Lighting and PeriQ_heral EquiQment APPENDIX "A" 68 DANA SAFETY SUPPLY, INC Unit price % off list 20% 25% 30% 15% 5% 30% 5% 5% 20% 42% July 18, 2012 Commission Memorandum ITB 46-11/12 Page 11 Group 8 Installation shall be completed within calendar days of receipt of order Installation to be performed at (check all options) City of Miami Beach Fleet ManaQement Division Vendor Facility (provide address) City's Option Delivery Days (ARO) Days Warranty ( Material) years (section 2.16) Warranty (Labor) years (section) 2.16) Extended Warranty Options years 69 DANA SAFETY SUPPLY, INC 30+ X X X 30+/- 5 years 5 years 2 years THIS PAGE INTENTIONALLY LEFT BLANK 70 COMMISSION ITEM SUMMARY Condensed Title: Request for approval to re-issue a Request For Proposals (RFP) for the acquisition of a Mobile and/or Handheld License Plate Recognition (LPR) parking enforcement system with certain amended. requirements. Key Intended Outcome Supported: Improve Parking Availability; Improve process through information technology Supporting Data (Surveys, Environmental Scan, etc: 77% of residents rated availability of Parking across Miami Beach as too little or much too little. Issue: I Shall the Mayor and City Commission approve the re-issuance of the RFP? Item Summary/Recommendation: The City of Miami Beach Parking Department (the City) is pursuing technology enhancements for its parking payment systems, including but not limited to multi-space pay stations, municipal permit programs, including business and residential permits, and potentially pay by phone services. The City intends to migrate to an LPR enforcement system and eventually have "paperless" parking payment options and solutions. The payment options shall be delivered through real time web based services provided by either the vendors' payment platform, or in at least one case, the City's payment platform. On March 21, 2012 the City Commission approved the issuance of RFP No. 35-11/12 for the acquisition of a mobile and handheld LPR parking enforcement system. The intent was to acquire both systems from one vendor. The RFP was issued on April 20, 2012 and proposals received on May 21, 2012. Two (2) proposals were received, however neither one provided both solutions in one package. Since this was a requirement of RFP No. 35-11/12, the Administration has disqualified both proposals for being non- responsive. Therefore, the Administration recommends that the RFP be re-issued to allow for vendors to provide proposals for each solution separately. The Administration recommends that the Mayor and the City Commission re-issue a Request For Proposals for the acquisition of a Mobile and/or --,t:landheld License Plate Recognition (LPR) Parking Enforcement System with certain amended requiremen!s. ..... .... APPROVE THE ISSUANCE OF THE RFP. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Funds: 1 N/A OBPI Total Financial Impact Summary: Request to issue RFP only, no funds being expended. Cit Clerk's Office Le islative Trackin Saul Frances ext 6483 MIAMI BEACH 71 AGENDA iTEM DATE G2F 7-1 '&7-/2- 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: Kathie G. Brooks, Interim City Manager ;!'.,/'t ~ /--' DATE: July 18, 2012 / -// SUBJECT: REQUEST FOR APPROVAL TO RE-ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE ACQUISITION OF A MOBILE AND/OR HANDHELD LICENSE PLATE RECOGNITION (LPR) PARKING ENFORCEMENT SYSTEM WITH CERTAIN AMENDED REQUIREMENTS. ADMINISTRATION RECOMMENDATION Re-issue RFP with certain amended requirements. KEY INTENDED OUTCOME Improve Parking Availability; Improve process through information technology. ANALYSIS The City of Miami Beach Parking Department (the City) is pursuing technology enhancements for its parking payment systems, including but not limited to multi-space pay stations, municipal permit programs, including business and residential permits, and potentially pay by phone services. The City intends to migrate to a License Plate Recognition (LPR) enforcement system and eventually have "paperless" parking payment options and solutions. The payment options shall be delivered through real time web based services provided by either the vendors' payment platform, or in at least one case, the City's payment platform. The City is seeking an LPR enforcement component including functionality through real time web enabled mobile and handheld units which interface with the proprietary payment platforms described above. The above payment platform list is not intended to be an all encompassing list. On March 21, 2012 the City Commission approved the issuance of RFP No. 35-11/12 for the acquisition of a mobile and handheld LPR parking enforcement system. The intent was to acquire both systems from one vendor. The RFP was issued on April 20, 2012 and proposals received on May 21, 2012. Two (2) proposals were received, however neither one provided both solutions in one package. Since this was a requirement of RFP No. 35-11/12, the Administration has disqualified both proposals for being non-responsive. Therefore, the Administration recommends that the RFP be re-issued to allow for vendors to provide proposals for each solution separately. 72 July 18, 2012 City Commission Memorandum Parl<ing LPR-RFP Page 2of4 SCOPE OF SERVICES It is the intent of the City to enter into a three (3) year Agreement with the successful Proposer to provide a Mobile and/or Handheld LPR Parking Enforcement System, with an option for an additional two (2) year renewal option, at the sole discretion of the City Manager. The successful Proposer shall be responsible for the following: 1. All hardware and software for the Mobile and/or Handheld LPR System and application. 2. Back-Office Management and Reporting System. 3. The system enables a parking inspector to quickly and easily navigate through a handheld and/or mobile device and determine the parking payment "status" (valid or invalid) and other credential information, as determined by the City, of a user/vehicle by reading the license plate. 4. The System must cross reference various types of parking payment platforms, including proprietary multi-space pay stations, permit software, pay by phone, and other platforms, as required. 5. The system will be utilized by parking enforcement personnel 24 hours, 365 days a year (full time); therefore, the Successful Proposer shall have sufficient resources and personnel to support and maintain the system. 6. Equipment shall be ruggedized. 7. High accuracy in license plate recognition. MINIMUM REQUIREMENTS AND QUALIFICATIONS 1. The Proposer must have a verifiable proven track record of providing successful mobile and/or handheld LPR systems and, to that end, must have no fewer than three (3) consecutive years of experience in comparable municipal parking enforcement operations and/or related enforcement applications. 2. The Proposer must demonstrate evidence of financial capability sufficient to install, maintain, and support mobile and handheld LPR systems and services to meet the City's needs. 3. The Proposer must demonstrate a level of expertise, technical knowledge, innovation, and overall capacity to provide mobile and/or handheld LPR systems and services with a high level of success interfacing with multiple payment platforms during variable periods of high demand, including unforeseeable circumstances. MINIMUM TECHNICAL SOFTWARE REQUIREMENTS 1. Software in the LPR must read real time parking data from the City's parking database for both mobile and handheld LPR devices. 2. Software must be compatible with Windows 7 Desktop. 3. Software must have the ability to create internal and external reports 4. Proposer must have successfully completed at least three (3) externally hosted software packages for a comparable parking system equal to most, if not all, of the above specifications, including software merging of an existing data/history within the past four (4) years. 5. Successful proposer will be responsible for all sub-contracted solutions and/or third party software. 73 July 18, 2012 City Commission Memorandum Parking LPR-RFP Page 3 of4 6. Proposer must provide on-site training for implementation. 7. Proposer shall be responsible for all service to the database website reporting. 8. All data must be owned by the City. EVALUATION PROCESS The procedure for Proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of Proposals. 3. Opening of Proposals and determination if they meet the minimum standards of responsiveness. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements of this RFP. Proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the Proposal or Proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. 6. The Evaluation Committee shall base its recommendations on the following factors, for a total of 100 possible points: • Proposer's experience and qualifications in providing mobile and/or handheld LPR systems and services: 25 points • Cost to the City: 25 points • Mobile and/or Handlheld LPR System capabilities, performance, and durability: 25 points • Technical knowledge, innovation, and overall capacity to provide mobile and/or handheld LPR systems and services: 15 points • Past performance based on references, information provided in the proposal submission, and performance evaluation surveys: 10 points LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. 7. • After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the Mayor and Commission the Proposal or Proposals acceptance of which the City Manager deems to be in the best interest of the City. 8. The City Commission shall consider the City Manager's recommendation(s) as it deems appropriate and may: approve the City Manager's recommendation(s); make its own recommendation(s); reject all Proposals; or may prescribe such other action, as it deems necessary and in the best interest of the City. 74 July 18, 2012 City Commission Memorandum Parl<ing LPR-RFP Page 4 of4 9. Following recommendation of award by the City Commission, negotiations between the selected Proposers and the City Administration take place to arrive at a contract. If the Mayor and Commission has so directed, the City Manager may proceed to negotiate a contract with a Proposer other than the top-ranked Proposer if the negotiations with the top-ranked Proposer fail to produce a mutually acceptable contract within a reasonable period of time. 10. A proposed contract (or contracts) is presented to the Mayor and Commission for approval, modification and approval, or rejection. 11. If and when a contract (or contracts) acceptable to the respective parties is approved by the Mayor and Commission, the Mayor and City Clerk sign the contract(s) after the selected Proposer(s) has (or have) done so. CONCLUSION The Administration recommends that the Mayor and the City Commission re-issue a Request For Proposals for the acquisition of a Mobile and/or Handheld License Plate Recognition (LPR) Parking Enforcement System with certain amended requirements. KGB/JGG/SF T:\AGENDA\2012\7-18-12\LPR Handheld RFP Memo.docx 75 THIS PAGE INTENTIONALLY LEFT BLANK 76 \. COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract To Showturf, LLC, Pursuant To Invitation To Bid 45- 11/12, For Lease Of Golf Course Turf Maintenance Equipment For The Normandy Shores Golf Club, For A Period Of Forty-Eight (48) Months, With Monthly Installments Of $8,567.48 With Lease Schedule Beginning On August 27, 2012, And Authorize The Mayor And City Clerk To Execute A Four Year Master Lease Agreement With John Deere Credit, Inc. In The Total Amount Of $411,239.04. Key Intended Outcome Supported: Increase satisfaction with recreational programs. Supporting Data (Surveys, Environmental Scan, etc.): Parks and Recreation appeared as one of the most important areas affecting resident's quality of life. Of the 79% of residents and 82% of businesses rated the overall quality of the recreational programs and facilities as excellent or good and 58% of residents stated that they go to recreational facilities a couple of times a month or more. More recreational opportunities appeared as one of the changes residents would make to make Miami Beach a better place to live, work, and play. Shall the Mayor and City Commission approve the award of contract and execution of lease a reement? Item Summary/Recommendation: On June 1, 2012, Invitation to Bid (ITB) No. 45-11/12 was issued with an opening date of June 28, 2012. A Pre-bid conference to provide information to prospective bidders was held on June 12, 2012. BidNet issued bid notices to 70 prospective bidders. Additionally, the Procurement Division notified 8 local contractors, via e-mail, which resulted in the receipt of two (2) bids: Hector Turf and Show Turf, LLC. An administrative review of the bidders' qualifications, experience, capability, and performance evaluations was conducted. Based on the analysis of the two (2) bids received, the administration unanimously recommended the lowest and best bidder, Show Turf, based on surveys, price, and past performance in working with them on the Miami Beach Golf Club contract. The current 48-month term lease agreement, awarded via piggyback memo through a State of Florida contract, is $597,792.48. By approving the award of the new 48-month term lease agreement to Show Turf, LLC., in the amount of $411,239.04, the City would save $186,553.44 over the lease term, and approximately $46,638 per year. The City will realize savings in the amount of$ 59,190 from the FY 2012/2013 proposed current service level budget. The Administration recommends Approving the Award and Authorize execution of Lease Agreement Advisory Board Recommendation: Financial Information: Source of Funds: 1 Amount $10,877.58 Account Parks and Recreation Fund Account No. 011-0975- 000323 111"' t:j L+ 2 ~~~~~~~------~~----~--~~~~~~------------~ 0~ Total $10,877.58 Total remaining for FY 2011/2012 Financ1al Impact Summary: N/A C!!Y Clerk's Office Legislative Tracking: Raul Aguila, for Procurement Director Si n-Offs: Department Director IAMlBEACH 77 AGENDA ITEM ---:G.........:;2::....;6-:=--- DATE 7-/~'-/2- 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 Kathie G. Brooks, Interim City Manager /A ~ July 18, 2012 / REQUEST FOR APPROVAL TO AWARD A CONTRACT TO SHOWTURF, LLC., PURSUANT TO INVITATION TO BID (ITB) NO. 45-11/12 FOR LEASE OF GOLF COURSE TURF MAINTENANCE EQUIPMENT FOR THE NORMANDY SHORES GOLF CLUB, FOR A PERIOD OF FORTY -EIGHT (48) MONTHS, WITH MONTHLY INSTALLMENTS OF $8,567.48 WITH LEASE SCHEDULE BEGINNING ON AUGUST 27, 2012, AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE A FOUR YEAR MASTER LEASE AGREEMENT WITH DEERE CREDIT, INC. IN THE TOTAL AMOUNT OF $411,239.04. ADMINISTRATION RECOMMENDATION Approve the award of contract and authorize the execution of lease. KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs. FUNDING Funding will be provided from the following account for remainder of Fiscal Year 2011/2012: $10,877.58 Parks and Recreation Fund Account No. 011-0975-000323 The Parks and Recreation Department proposed budget for 2012/2013 is $162,000. By approving the award of the contract, the City will realize a savings of $59,190 from the FY 201.2/2013 proposed current service level budget. The current 48-month term lease agreement, awarded via piggyback memo through a State of florida contract, is $597,792.48. By approving the award of the new 48-month term lease agreement to Show Turf, LLC., in the amount of $411,239.04, the City would save $186,553.44 over the lease term, and approximately $46,638 per year. ANALYSIS The purpose of this bid is to establish a 48-month Lease Agreement/Contract, by means of sealed bids to a qualified contractor for the Lease of all new Golf Course Turf Maintenance Equipmentforthe Normandy Shores Golf Club. 78 Commission Memo ITB 45-11/12 Lease of Golf Course Turf Equipment for NSGC July 18, 2012 The Parks & Recreation Department's Golf Courses Division currently has a lease for Toro turf maintenance equipment distributed by Hector Turf, and financed through Siemens Financial Services, which provides the turf grooming equipment used to maintain the Normandy Shores Golf Club and expires on August 28, 2012. ITB PROCESS On June 1, 2012, Invitation to Bid (ITB) No. 45-11/12 was issued with an opening date of June 28, 2012. A Pre-bid conference to provide information to prospective bidders was held on June 12, 2012. BidNet issued bid notices to 70 prospective bidders. Additionally, the Procurement division notified 20 local contractors via e-mail, which resulted in the receipt of two (2) bids from the following vendors: 1. Show Turf, LLC (Show Turf) 2. Hector Turf An administrative review of the responsive bidders' qualifications, experience, capability, and performance evaluations was conducted by the following individuals: • David Duffy, PCM; and • Carlos Da Cruz, Parks and Recreation Department. Based on the analysis of the two (2) responsive bids received, the administration unanimously recommended the lowest bidder, Show Turf, based on surveys, price and past performance in providing turf equipment for the Miami Beach Golf Club. BID TABULATION The following table provides the bid tabulation for ITB No. 45-11/12: Lease Pa ment Personal Property Taxes Lease Term 48 Months SHOW TURF Total Lease Term 47 HECTOR TURF* Month I Total $411,239.04 Months $10,218.65 $480,276.55 *Hector Turf submitted a 47-month lease with the last month included as part of the total lease payment. The terms and conditions of the Master Lease Agreement are the same as reviewed and accepted for the 48-month lease of turf maintenance equipment for the Miami Beach Golf Club with John Deere Financial, executed in October 2011. SHOWTURF, LLC ShowTurf, LLC. is a full-line John Deere Golf & Turf Distributor. They serve the golf and sports turf market in Southern Florida, Southern Georgia, Hilton Head and the Caribbean. 2 79 Commission Memo ITB 45-11/12 Lease of Golf Course Turf Equipment for NSGC July 18, 2012 Some of their clients include Parkland Golf and Country Club, Boca West Country Club, Indian Creek Country Club, the Miami Beach Golf Club and La Gorce Country Club, among others. Their leasing agent is John Deere Credit, Inc., owned by John Deere Financial. It should also be noted that: o John Deere Financial/Manufacturer owns the equipment directly; therefore, they will not pass on the cost for Personal Property Tax to a Municipal Government. This represents an additional cost savings of approximately $30,000 to the City. In our previous lease with Toro's financial representative, Siemens Financial, we were required to pay property tax in excess of $26,000 for the 48 month lease. o John Deere has agreed to include rust-preventing under coating at no additional cost on the Turf Utility Vehicles. This is very important due to the fact the golf course frequently uses salt water from the lakes for irrigation. o John Deere is providing the new 2500E-Series, Hybrid Riding Mowers, which offers fuel economy, reduces the noise of mower operations and because the Reel Motor is Electric, vs. a Hydraulic Reel motor there is no chance for hydraulics leaks that can damage the putting greens. o John Deere offers a residual buy back option of 20% of the original proposed lease value. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission award a contract to Show Turf, LLC., pursuant to Invitation to Bid (ITS) No. 45- 11/12 for Lease of Golf Course Turf Maintenance Equipment for the Normandy Shores Golf Club, for a period of forty-eight (48) months, with monthly installments of $8,567.48 with lease schedule beginning on August 27, 2012, and authorize the Mayor and City Clerk to execute a four year Master Lease Agreement with Deere Credit, Inc. in the total amount of $411 ,239.04. T:\AGENDA\2012\7-18-12\ITB 45-11-12 Lease of Golf Course Turf Equipment for NSGC-MEMO.docx 3 80 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract To Under Power Corporation, Pursuant To Invitation To Bid (ITB) No. 44-11/12, For Maintenance Of Street Lighting On State Roads Within The Miami Beach City Limits, At The Rate Of $7.95 Per Light, Per Month, In The Total Annual Amount Of $77,464.80; And $0.50 Per Wi-Fi Node, Per Month, For A Total Annual Amount Of $510.00. Key Intended Outcome Supported: Maintain City's Infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that 87% of CMB street and landscape lighting assessed in good condition. Issue: Shall the City Commission Approve The Award of Contract? Item Summary/Recommendation: On June 8, 2012, Invitation to Bid (ITB) No. 44-11/12 was issued with an opening date of June 29, 2012. A Pre-bid conference to provide information to prospective bidders was held on June 19, 2012. BidNet issued bid notices to 158 prospective bidders. Additionally, the Procurement Division notified seven {7) local contractors, via e-mail, which resulted in the receipt of four (4) bids from the following vendors: American Lighting and Stabilization, Inc.; Enterprise Electrical Contracting, Inc.; Horsepower Electric, Inc.; and Under Power Corporation. An administrative review of the bidders' qualifications, experience, capability, and performance evaluations was conducted. Based on the analysis of the four (4) bids received, Mr. Mike Alvarez and Mr. Melvin Sarria (the Panel) recommended the lowest and best bidder, Under Power, based on price, experience, a nd past performance in working with the City over the past five (5) years. The Panel also agreed that Under Power's response time has been excellent. By awarding the contract to the lowest total bid, the City will realize a total annual cost savings of $21,608.88 from the current contract. Therefore, the Administration concludes that it would be in the best interest of the City to recommend the lowest and best bidder, Under Power. The Administration recommends Approving the Award. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 $31,593.52 I 1E_ I 2 OBPI Total $31,593.52 Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Raul Aguila, for Procurement Director Si n-Offs: Department Director RA FB MIAMI BEACH Account General Fund for Public Works-Streets, Contract Maintenance Account No. 011-0840-000325 Total remaining for FY 2011/2012 81 AGENDA ITEM ---=C=---;2._/f_,___ DATE 7-/J-/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 Kathie G. Brooks, Interim City Manager ~~ ~~ • July 18,2012 / REQUEST FOR APPROVAL TO AWARD A CONTRACT TO UNDERPOWER CORPORATION, PURSUANT TO INVITATION TO BID (ITB) NO. 44-11/12, FOR THE MAINTENANCE OF STREET LIGHTING ON STATE ROADS WITHIN THE MIAMI BEACH CITY LIMITS, AT THE RATE OF $7.95 PER LIGHT, PER MONTH, IN THE TOTAL ANNUAL AMOUNT OF $77,464.80; AND $0.50 PER WIFI NODE, PER MONTH, FOR A TOTAL ANNUAL AMOUNT OF $510.00. ADMINISTRATION RECOMMENDATION Approve the Award of the contract. KEY INTENDED OUTCOME Maintain City's Infrastructure. FUNDING Funding will be provided from the following account for remainder of Fiscal Year 2011/2012: $31,593.52 General Fund for Public Works-Streets, Contract Maintenance Account No. 011-0840-000325 For subsequent Fiscal Years, commencing October 1, 2012, the estimated annual cost of $77,974.80 associated with the maintenance of street lighting will be subject to funds availability approved through the budgeting process. ANALYSIS The purpose of this bid is to establish a contract, by means of sealed bids, for qualified vendor(s) for the supply of all labor, materials, tools, and equipment necessary to provide service, repair, and maintain the State Roadway Street Lighting System located within the limits of Miami Beach, consisting of 812 lighting fixtures and 85 Wi-Fi nodes for power at the pole and photocell located on the light pole and/or pole arm, on an as needed basis. This contract shall remain in effect for a term of one (1) yea,r and may be renewed at the sole 82 Commission Memo ITS 44-11/10 Maintenance of Street Lighting on State Roads within the Miami Beach City Limits July 18, 2012 discretion of the City, through its City Manager, for three (3) additional one (1) year terms. BACKGROUND The Mayor and City Commission, at its April 11, 2007 meeting, 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 maintenance services for FOOT-owned lighting systems on Miami Beach. The aforementioned authorization was based on the Administration's recommendation that the City of Miami Beach 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 Wi-Fi 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; 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; and 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(the Resolution) 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 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. The contract with Under Power Corporation expired on May 31, 2012. At its June 6, 2012 meeting, the Mayor and City Commission approved a month to month extension of the contract under the same terms and conditions, until a new maintenance agreement would be awarded via a bidding process. 2 83 Commission Memo ITB 44-11/10 Maintenance of Street Lighting on State Roads within the Miami Beach City Limits July 18, 2012 ITB PROCESS On June 8, 2012, Invitation to Bid (ITB) No. 44-11/12 was issued, with an opening date of June 29, 2012. A Pre-bid Conference to provide information to prospective bidders was held on June 19, 2012. BidNet issued bid notices to 158 prospective bidders. Additionally, the Procurement division notified seven (7) local contractors via e-mail, which resulted in the receipt of four (4) bids from the following vendors: • American Lighting and Stabilization, Inc.; • Enterprise Electrical Contracting, Inc.; • Horsepower Electric, Inc.; and • Under Power Corporation (Under Power). In determining the lowest and best bidder, the City utilized the "Best Value" Procurement process to select a contractor with the experience and qualifications; the ability; capability, and capacity; and proven past successful performance for the maintenance and repair of street lighting. An administrative review of the bidders' qualifications, experience, capability, and performance evaluations was conducted by the following individuals: • Mike Alvarez, Infrastructure (Operations) Director, Public Works; and • Marvin Sarria, Electrician Supervisor, Public Works. Based on the analysis of the four (4) bids received, Mr. Mike Alvarez and Mr. Melvin Sarria (the Panel) recommended the lowest and best bidder, Under Power, based on price, experience, and past performance. The Panel also noted that Under Power's response time has been excellent. The enclosed schedule provides the bid tabulation results for ITB No. 44-11/12. (see Appendix A) It should be noted that three (3) of the four (4) bidders' (including Under Power's) Bid Forms contained minor irregularities, in that the bidder incorrectly interpreted the method by which certain line items were to be filled out. Using Under Power's Bid Form as an example, under the line item pricing for the Wi-Fi Nodes component, the line item for "Total Annual Amount (12 months)" reflects the Unit Price (per node/per month) multiplied by the total number of Wi-Fi nodes (85), but not multiplied by 12 months. Notwithstanding the preceding, the Administration considers that, should the City Commission wish to move forward with the recommended award, it has the discretion, as expressly provided in the ITB, to waive this minor irregularity. Section 1.3 of the ITB, entitled "Price Quoted", provides that "In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern." (See ITB at pg. 6, also attached as Appendix B hereto). UNDER POWER Under Power has been providing street lighting maintenance and repair services to the City since 2007. It has contracts with the City of Aventura, City of Miami, City of Doral, and the Florida Department of Transportation. 3 84 Commission Memo ITB 44-11/10 Maintenance of Street Lighting on State Roads within the Miami Beach City Limits July 18, 2012 By awarding the contract to the lowest total bid, the City will realize a total annual cost savings of $21,608.88 from the current contract. Therefore, the Administration concludes that it would be in the best interest of the City to recommend the lowest bidder, Under Power. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission Award a contract to Under Power Corporation, pursuant to Invitation to Bid (ITB) No. 44-11/12, for the Maintenance of Street Lighting on State Roads within the Miami Beach City Limits, at the rate of $7.95 per light, per month, in the total annual amount of $77,464.80; and $0.50 per Wi-Fi node, per month, for a total annual amount of $510.00. JGG/FHB/JJF/RWS T:\AGENDA\2012\7-18-12\ITB-44-11-12 Maintenance of Street Lighting on State Roads within the Miami Beach City limits-MEMO.docx 4 85 co en WI-ANODES Repairs and maintenance of 85 WI-FI nodes at a per node, per month unit price for WI-FI nodes located within the Oty limits of Miami Beach to Include labor and equipment. I $ Total Annual Amount (12 months) I $ UNDERGROUND SERVICES 1 Kepalr to unaergrouna aamages as aescnoea 1n section 3.8. Labor cost per hour-based on three (3) man crew $ Backhoe $ Jackhammer $ Compressor $ PER UNEAR FOOT Directional Boring (including conduit) $ 2-inch conduit schedule 40 $ #6 Electrical Wires $ Pull Boxes $ Trenching $ APPENDIX A Unit Price Unit Price per hour per hour 249.99 $ 275.00 29.99 $ 20.00 0.99 $ 10.00 9.99 $ 10.00 Unit Price Unit Price Pl!f linear foot per linear foot 19.99 $ 15.00 0.99 $ 1.00 1.99 $ 6.00 109.99 $ 700.00 9.99 $ 15.00 4.50 I $ 1,500.00 882.50 I $ 11,000.00 Unit Price Unit Price per hour per hour $ 155.00 $ 275.00 $ 65.00 $ 25.00 $ -$ 1.00 $ -$ 1.00 Unit Price Unit Price per llnear foot per linear foot $ 14.00 $ 18.00 $ 0.55 $ 18.00 $ 0.50 $ 2.00 $ 150.00 $ 250.00 $ 12.00 $ 100.00 *The Unit Price and Total Annual Amounts above reflect the Bid Form pricing received by each bidder. Pursuant to section 1.3 of the ITB, entitled "Prices Quoted"; "In £ase of disaepancy in computing the amount of the bid, the UNIT PRICE quoted wlil govern." Appendix B MAINTENANCE OF STREET LIGHTING ON STATE ROADS WITHIN THE MIAMI BEACH CITY LIMITS ITB # 44-11/12 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: An original, five (5) copies, and one (1) CD of the complete bid, must be returned in order for the bid to be considered for award. All bids are subject to the conditions specified in these General Conditions, and on the attached Special Conditions, Specifications, and Bid Form. The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title to the City of Miami Beach Procurement Division, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Facsimile, electronic, ore-mailed bids will not be accepted. 1.2 EXECUTION OF BID: The bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign the bid shall invalidate same, and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids, or corrections not initialed will NOT be tabulated. The original bid conditions and specifications CANNOT be changed or altered in any way. Altered bids will NOT be considered. Clarification of bids submitted shall be in letter form, signed by bidders and attached to the bid. 1.4 TAXES: The City of Miami Beach is exempt from all Federal Excise and State taxes. 1.5 MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. 1.6 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be the latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.7 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 87 THIS PAGE INTENTIONALLY LEFT BLANK 88 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Issue A Request For Qualifications (RFQ) For The Purpose Of Conducting And Documenting A Detailed Facilities Condition Assessment Of Various Buildings/Assets Owned By The City Of Miami Beach, And To Develop A Schedule For Assets And Equipment Replacement Within The Buildings To Include Current And Projected Future Replacement Costs. Issue: Ensure well maintained facilities. 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. Item Summary/Recommendation: City facilities in Miami Beach range in age from historic buildings from the1920s to buildings constructed or renovated within the past year. Although building systems have been maintained to keep them operational and many well beyond the life-cycle estimates, these components of buildings can and will fail with time. It is extremely important that facility condition assessments (FCA) be performed on a regular schedule. These FCA assist in determining the asset value, replacement cost and a full condition report of all systems that support the asset within the assets envelope. Seven years ago the City invested in the VFA Capital Planning Management Solutions software program that, combined with the information collected from the FCA, provides a tool to manage and assure the City maintains all its facilities at the highest possible level of integrity and functionality. Successful proposer will be required to provide a thorough FCA and inspection of the City owned facilities listed below, following the VFA facility condition assessment format. All inspectors must be certified by the State of Florida to perform the inspections of their specific disciplines and must have extensive knowledge of current building code requirements. AUTHORIZE ISSUANCE OF THE RFQ Advisory Board Recommendation: Financial Information: Source of Funds: D Finance Dept. Amount City Clerk's Office legislative Tracking: J Raul Aguila: Si n-Offs: T:\AGENDA\2012\7-18-12\RFQ Facility Condition Assessment SUMMARY.doc 89 Account AGENDA ITEM c 2 I DATE 7-13-/-z-- 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 Kathie G. Brooks, Interim City Manage~~ M- July 18, 2012 / REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR QUALIFICATIONS{RFQ) FOR THE PURPOSE OF CONDUCTING AND DOCUMENTING A DETAILED FACILITIES CONDITION ASSESSMENT OF VARIOUS BUILDINGS/ASSETS OWNED BY THE CITY OF MIAMI BEACH, AND TO DEVELOP A SCHEDULE FOR ASSETS AND EQUIPMENT REPLACEMENT WITHIN THE BUILDINGS TO INCLUDE CURRENT AND PROJECTED FUTURE REPLACEMENT COSTS. ADMINISTRATION RECOMMENDATION Approve the Issuance of the RFQ. ANALYSIS City facilities in Miami Beach range in age from historic buildings from the1920s to buildings constructed or renovated within the past year. Even some of our more modern buildings in the City such as City Hall and the Police Department have equipment and support systems that have exceeded their expected life-cycle. Although building systems have been maintained to keep them operational and many well beyond the life-cycle estimates, these components of buildings can and will fail with time. It is extremely important that facility condition assessments (FCA) be performed on a regular schedule. These FCA assist in determining the asset value, replacement cost and a full condition report of all systems that support the asset within the assets envelope. The FCA projects timelines for equipment replacement based on condition and lifecycle and projects needed upgrades within the assets interior and exterior envelope. All of this information combined generates the assets Facility Condition Index (FCI). The FCI is used to measure a facilities overall condition (excellent, good, poor or should be demolished) and provides a monetary investment value needed to bring the assets FCI to a more desirable rating. The FCI is also a tool used in the city's active strategy program to track the overall average condition of the major facilities within the city. Seven years ago the City invested in the VFA Capital Planning Management Solutions software program that, combined with the information collected from the FCA, provides a tool to manage and assure the City maintains all its facilities at the highest possible level of integrity andfunctionality. 90 Commission Memorandum RFQ for Facility Condition Assessments July 18, 2012 Page 2of7 Additionally, the information gathered from the FCA is critical to an effective facility management program and this information can only be attained by conducting thorough facility inspections. The City does not have the excess capacity to conduct the required comprehensive inspections ourselves thus we must rely on outside sources who possess the knowledge and experience both in their ability to conduct a timely detailed FCA and who are knowledge and experienced in working with the VFA Capital Planning Management Solutions software used by the city to manage this data. SCOPE OF SERVICES: Successful proposer will be required to provide a thorough FCA and inspection of the City owned facilities listed below, following the VFA facility condition assessment format. All inspectors must be certified by the State of Florida to perform the inspections of their specific disciplines and must have extensive knowledge of current building code requirements. Facilities scheduled for FCA are listed below: 1 Oth Beach Patrol 1Oth St. Auditorium 12th Street Parking Garage 13th Street Parking Garage 14th. Street Beach Restroom 16th Street Parking Garage 16th Street Parking Garage 17th Street Parking Garage 21th Street Community Center 42nd Street Parking Garage 777 Building 7th Street Parking Garage A-555 Building A-Beach Restroom No.1 -3rd Street A-Beach Restroom No. 2 -6th Street A-Beach Restroom No.3-10th Street A-Beach Restroom No. 4-14th Street A-Beach Restroom No. 5-21st Street A-Beach Restroom No. 6 -Men -46th Street A-Beach Restroom No. 6-Women -46th Street A-Beach Restroom No.7-53rd Street A-Beach Restroom No. 8-Men -64th Street A-Beach Restroom No. 8-Women -64th Street Acorn Band shell Acorn Theater 91 Commission Memorandum RFQ for Facility Condition Assessments July 18, 2012 Page 3of7 A-Fairway Park Pavilion A-Normandy Isle Park Pool A-Normandy Shores Park Restrooms & Storage A-North Shore Open Space Park Pavilion No. 1 A-North Shore Open Space Park Pavilion No. 2 A-North Shore Open Space Park Pavilion No. 3 A-North Shore Open Space Park Restroom No. 2 A-North Shore Open Space Park Restroom No. 3 A-Scott Rakow Community Youth Center A-South Point Police Substation Bass Museum Byron Carlyle Theater Carl Fisher Clubhouse City Hall Colony Theater Crespi Park Building Electrowave Building Fire Station 1 Fire Station 2 Fire Station 3 Fire Station 4 Flamingo Pool Facility Buildings Fleet Maintenance Shop #1 Fleet Maintenance Shop #2 Fleet Maintenance Shop #3 Garden Center Buildings Historic City Hall Historic Fire Station 2 Lummus Park Beach Restroom Marine Patrol Building @ Bay St Miami Beach Golf Clubhouse Miami City Ballet Building Muss Park Building Normandy Golf course Clubhouse North Shore Band shell Building North Shore Open Space Park Restroom No. 1 North Shore Youth Center Old Library Building PAL Building Police Garage 92 Commission Memorandum RFQ for Facility Condition Assessments July 18, 2012 Page 4 of7 Police Station Public Works operations facility Sanitation Storage South Shore Community Center Stillwater Park Building Tatum Park Building All FCA's must be completed within 120 days of the contract award. All data gathered from the FCA must be loaded into VFA by the contractor within 00 days of completion of all FCA's. The City retains the right to award all, partial or none and may choose to award to more than one contractor Contractors shall specify the cost by asset for each FCA performed. The City retains the right to award all, partial or none and may choose to award to more than one contractor. MINIMUM REQUIREMENTS For purposes of compliance with this minimum experience requirement, the term "Proposer" is hereby defined to mean the firm and/or business entity which is submitting a proposal pursuant to this RFQ. Accordingly, the firm and/or business entity must meet the minimum requirements listed below in order to be deemed responsive. Non-responsive bids will be disqualified from consideration. 1. Team's Experience: • Indicate the firm's number of years of experience in providing the requested professional specialization services with strong focus on municipal improvement projects; • List all projects undertaken in the past five (5) years, describe the scope of each project in physical terms and by cost, describe the respondent's responsibilities, and provide the name and contact telephone number of an individual in a position of responsibility who can attest to respondent's activities in relation to the project. An SF 255 and SF254 can suffice this request. • Provide the name(s) of the person, within your organization who was most actively concerned with managing each project; • List and describe all legal claims against any member of the team alleging errors and/or omissions, or any breach of professional ethics, including those settled out of court, during in the past five (5) years. • List all projects undertaken that were completed and data documented using VFA Capitol Planning Management Solutions software 2. Project Manager's Experience: Provide a comprehensive summary of the experience and qualifications of the individual(s) who as proposed will be selected to serve as Project Manager(s). These individuals must have a minimum of (5) five years' experience in their designated professional specialization. Additionally, the selected Project Managers(s) must provide examples of three previous projects that demonstrate their experience and capacity in performing professional services 93 Commission Memorandum RFQ for Facility Condition Assessments July 18, 2012 Page 5 of7 contracts for public sector clients with focus on municipal residential improvement projects. 3. Previous Similar Projects: Please provide a list of a minimum of five projects which demonstrate the Team's experience in providing the services for the listed scope of services above. Please provide the following information for each sample project. • Client name, address, phone number, email. • Consultant (Architect, Engineer, other) name, address, phone number, fax and/or e-Mail address. • Description of the scope of the work. • Month and Year the project was started and completed. • Total cost and/or fees paid to your firm. • Total cost of the construction, estimated and actual. • Role of the firm and the responsibilities. 4. Qualifications of Project Team: Provide a list of the personnel to be used on this project and their qualifications. A resume of each individual, including education, experience, and any other pertinent information shall be included for each team member to be assigned to this project. 5. Project Approach: Provide a detailed description on the Project Team approach to the required services. Information should include: • Organizational structure of project team. • Project specific approach. RFQ PROCESS The procedure for response, evaluation and selection will be as foiiONs: 1. RFQ issued 2. Pre-qualification meeting 3. Receipt of qualificaiton packages 4. Opening and listing of all responses received. 5. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each response in accordance with the requirements of this RFQ. If further information is desired, respondents may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 6. The Evaluation Committee will recommend to the City Manager the proposal(s) that the Evaluation Committee deem to be in the best interest of the City by using the following criteria for selection: 94 Commission Memorandum RFQ for Facility Condition Assessments July 18, 2012 Page 6of7 Total Criteria Points 25 The experience, qualifications and portfolio of the Principal Firm 30 The experience and qualifications of the professional personnel assigned to the Project Team and the Project Manager, as well as their familiarity with this project and a thorough understanding of the methodology_ and approach to be used in this assignment 20 Past performance based on quality of the Performance Evaluation Surveys and the Administration's due dilligence based upon reference checks performed of the Firm(s) clients 5 Willingness to meet time and budget requirements as demonstrated by past performance, methodology and approach 5 Certified minority business enterprise participation. Either the Prime Consultant or the sub-Consultant team may qualify for proof of certification for minority business enterprise participation. Accepted minority business enterprise certifications include the Small Business Administration (SBA), State of Florida, or Miami-Dade County 5 Location 5 Recent, current and projected workloads of the firms 5 The volume of work previously awarded to each firm by the City, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firm LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. 7. The City Manager shall recommend to the City Commission the firm or firms, acceptance of which the City Manager deems to be in the best interest of the City. 8. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject the City Manager's recommendation(s) and select another response or responses. In any case, City Commission shall select the response or responses, acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 9. Negotiations between the selected respondent and the City take place to arrive at agreement terms. If the City Commission has so directed, the City may proceed to negotiate an agreement with a respondent other than the top ranked respondent if the negotiations with the top ranked respondent fail to produce a mutually acceptable agreement within a reasonable period of time.A proposed contract is recommemed by the City Manager to the City Commission for approval. 95 Commission Memorandum RFQ for Facility Condition Assessments July 18, 2012 Page 7of7 1 0. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected respondent(s) has (or have) done so. CONCLUSION The Administration recommends that the Mayor and the City approve the issuance of a Request for Qualifications (RFQ) for the purpose of conducting and documenting a detailed facilities condition assessment of various buildings/assets owned by the City of Miami Beach, and to develop a schedule for assets and equipment replacement within the buildings, to include current and projected future replacement costs. KGB/JGG/FHB/ JJ F /RWS T:\AGENDA\2012\7-18-12\RFQ Facility Condition Assessment MEMO.doc 96 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Issue A Request For Qualifications (RFQ) For The Purpose Of Conducting The Required 40-Year Building Recertification And Subsequent 10-Year Building Recertification, As Required By Miami-Dade County Code Key Intended Outcome Supported: Ensure well maintained facilities. 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 Mayor and City Commission approve the issuance of the RFQ? Item Summary/Recommendation: Under Section 8-11 (f) of the Miami-Dade County Code, the owner of a building which has been in existence for forty (40) years or longer is required to have the building inspected for the purpose of determining the general structural condition of the building and the general condition of its electrical systems. In accordance with Section 8-11 (f) the owner (City) must submit a written Recertification Report to the Building Official, prepared by a Florida registered professional engineer or architect*, certifying each building or structure is structurally and electrically safe for the specified use for continued occupancy. In order to complete the 40-year building recertification and 10-year building recertification of City owned building facilities, the Administration recommends the issuance of a Request for Qualifications. THE ADMINISTRATION RECOMMENDS APPROVING THE ISSUANCE OF THE RFQ. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: I Raul Aguila: f9 MIAMIBEACH Account 97 Approved City Man KGB AGENDA ITEM DAlE c~r 7-18-12- 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 Kathie G. Brooks, Interim City Manager j('A #---• July 18, 2012 /' REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR QUALIFICATIONS{RFQ) FOR THE PURPOSE OF CONDUCTING THE REQUIRED 40-YEAR BUILDING RECERTIFICATION AND SUBSEQUENT 10-YEAR BUILDING RECERTIFICATION, AS REQUIRED BY MIAMI-DADE COUNTY CODE. ADMINISTRATION RECOMMENDATION Approve the Issuance of the RFQ. ANALYSIS Under Section 8-11 (f) of the Miami-Dade County Code, the owner of a building which has been in existence for forty ( 40) years or longer is required to have the building inspected for the purpose of determining the general structural condition of the building and the general condition of its electrical systems. In accordance with Section 8-11 (f) the owner (City) must submit a written Recertification Report to the Building Official, prepared by a Florida registered professional engineer or architect*, certifying each building or structure is structurally and electrically safe for the specified use for continued occupancy. Given the fact the City owns a number of buildings that are now 40 years of age or older, we are in a position that requires us to comply with the State Statute thus we must move to have our facilities professionally evaluated and recertified in accordance with the requirements and mandates of the Statute. SCOPE OF SERVICES: The successful proposer will be required to provide inspection services of City owned facilities as designated by the owner. Inspection and recertification of the facilities must be performed in accordance with the aforementioned Section of the Miami-Dade County Code. The written Recertification Report must be prepared by a Florida registered engineer or architect All inspectors must be certified by the State of Florida to perform the inspections of their specific disciplines and must have extensive knowledge of current building code requirements. 98 Commission Memorandum RFQ for Required Building Re-certification July 18, 2012 Page 2of5 The City retains the right to award all, partial or none of the buildings to be recertified and shall determine the specific order in which the buildings will be inspected and further reserves the right to add or delete any items from the inspections due to known building conditions and existing warranties that may be in place. Such action by the City,if undertaken, shall comply with the aforementioned Florida State Statute. The current list of buildings to undergo the 40 year recertification are as follows: • 777 Building • Sanitation/Fleet Management facility • 555 Building, Bass Museum • Fire Station No. 1 • Byron Carlyle Theater The current list of buildings to undergo the 1 0-year recertification are as follows: • Log Cabin, • Colony Theater • Historic Fire Station No. 2 • Historic City Hall. All re-certifications shall be completed within 120 days ofthe date of the Notice to Proceed issued after contract execution. Six copies of the detailed, certified report shall be presented to the owner in binder form within 30 days of the completed recertification process. MINIMUM REQUIREMENTS For purposes of compliance with this minimum experience requirement, the term "Proposer" is hereby defined to mean the firm and/or business entity which is submitting a proposal pursuant to this RFQ. Accordingly, the firm and/or business entity must meet the minimum requirements listed below in order to be deemed responsive. Non-responsive bids will be disqualified from consideration. 1. Team's Experience: • Indicate the firm's number of years of experience in providing the requested professional specialization services with strong focus on municipal improvement projects; • List all projects undertaken in the past five (5) years, describe the scope of each project in physical terms and by cost, describe the respondent's responsibilities, and provide the name and contact telephone number of an individual in a position of responsibility who can attest to respondent's activities in relation to the project. An SF 255 and SF254 can suffice this request. • Provide the name(s) of the person, within your organization who was most actively concerned with managing each project; • List and describe all legal claims against any member of the team alleging errors and/or omissions, or any breach of professional ethics, including those settled out of court, during in the past five (5) years. 2. Project Manager's Experience: 99 Commission Memorandum RFQ for Required Building Re-certification July 18, 2012 Page 3 of5 2. Project Manager's Experience: Provide a comprehensive summary of the experience and qualifications of the individual(s) who as proposed will be selected to serve as Project Manager(s). These individuals must have a minimum of (5) five years' experience in their designated professional specialization. Additionally, the selected Project Managers(s) must provide examples of three previous projects that demonstrate their experience and capacity in performing professional services contracts for public sector clients with focus on municipal residential improvement projects. 3. Previous Similar Projects: Please provide a list of a minimum of five projects which demonstrate the Team's experience in providing the services for the listed scope of services above. Please provide the following information for each sample project. • Client name, address, phone number, email. • Consultant (Architect, Engineer, other) name, address, phone number, fax and/or e-Mail address. • Description of the scope of the work. • Month and Year the project was started and completed. • Total cost and/or fees paid to your firm. • Total cost of the construction, estimated and actual. • Role of the firm and the responsibilities. 4. Qualifications of Project Team: Provide a list of the personnel to be used on this project and their qualifications. A resume of each individual, including education, experience, and any other pertinent information shall be included for each team member to be assigned to this project. 5. Project Approach: Provide a detailed description on the Project Team approach to the required services. Information should include: • Organizational structure of project team. • Project specific approach. RFQ PROCESS The procedure for response, evaluation and selection will be as follows: 1. RFQ issued 2. Pre-qualification meeting 3. Receipt of qualificaiton packages 4. Opening and listing of all responses received. 5. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each response in accordance with the requirements of this RFQ. If further information is desired, respondents may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 6. The Evaluation Committee will recommend to the City Manager the proposal(s) that the Evaluation Committee deem to be in the best interest of the City by using the following 100 Commission Memorandum RFQ for Required Building Re-certification July 18, 2012 Page 4of5 criteria for selection: TQtal Criteria Points ·.·. 25 The experience, qualifications and portfolio of the Principal Firm 30 The experience and qualifications of the professional personnel assigned to the Project Team and the Project Manager, as well as their familiarity with this project and a thorough understanding of the methodology and aRm-oach to be used in this assignment 20 Past performance based on quality of the Performance Evaluation Surveys and the Administration's due dilligence based upon reference checks performed of the Firm(s) clients 5 Willingness to meet time and budget requirements as demonstrated by past performance, methodology_ and aQRfOach 5 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 Miam~Dade County 5 Location 5 Recent, current and projected workloads of the firms 5 The volume of work previously awarded to each firm by the City, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firm LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. 7. The City Manager shall recommend to the City Commission the firm or firms, acceptance of which the City Manager deems to be in the best interest of the City. 8. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject the City Manager's recommendation(s) and select another response or responses. In any case, City Commission shall select the response or responses, acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 9. Negotiations between the selected respondent and the City take place to arrive at agreement terms. If the City Commission has so directed, the City may proceed to negotiate an agreement with a respondent other than the top ranked respondent if the negotiations with the top ranked respondent fail to produce a mutually acceptable agreement within a 101 Commission Memorandum RFQ for Required Building Re-certification July 18, 2012 Page 5of5 reasonable period of time.A proposed contract is recommemed by the City Manager to the City Commission for approval. 1 0. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected respondent(s) has (or have) done so. CONCLUSION The Administration recommends that the Mayor and City Commission approve the issuance of a Request for Qualifications (RFQ) for the required building recertification. KGB/JGG/FH~RWS T:IAGENDA\201217-18-12\RFQ 40-Year Building Recertification MEMO.doc 102 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Issue A Request For Proposals (RFP) For Maintenance And Security Services For The Lincoln Road Mall Service Area Key Intended Outcome Supported: Improve cleanliness of Miami Beach rights-of-ways especially in business areas. Supporting Data (Surveys, Environmental Scan, etc.): Cleanliness Index for Streets, Sidewalks, Rights-of-Way, Parks, Parking and Alleys Issue: I Shall the Mayor and City Commission approve the Resolution? Item Summary/Recommendation: This memorandum is submitted as a follow-up to the February 8, 2012, City Commission Meeting, wherein a discussion was held on Agenda Item R7F regarding the outsourcing of maintenance services within the Lincoln Road Mall service area. With the exception of the 11 00 block of Lincoln Road (between Lenox Avenue and Alton Road), the maintenance services would be ~rovided for the entire length of Lincoln Road, from Collins Avenue to West Avenue, including side streets between 16 hand 1 ih Streets, also referred to as the Lincoln Road Service Area (LRSA). The Administration was directed to develop the scope, bring the objective criteria to measure success or failure to the Finance and Citywide Projects Committee (FCWPC) for approval, and submit the RFP for approval at the following Commission meeting. At its June 28,2012 meeting, the FCWPC recommended that, in concept, the item be moved and broughttothe Commission, subject to Staff meeting with Chairperson Weithorn and Commissioner Exposito to further refine the RFP. Staff has met with and received input from Commissioners Weithorn and Exposito and, as a result, revisions are being incorporated into the RFP. The required services and work scope to be outsourced include: Pedestrian Surfaces & Side Streets Maintenance; Facilities Maintenance; Landscaping Services; Coordination with Code Enforcement, Police and Homeless Outreach; Special Events; and Miscellaneous Duties. The contract will require the Contractor to have all services supervised under a mutually agreed upon manager, or representative, to be exclusively assigned to the LRSA, and whose duties will include responding to any stakeholder issues or complaints; ensuring that the provision of maintenance services is done with minimal disruption and inconvenience to the Lincoln Road Mall business and property owners; and serving as the primary point of contact with the City. A basic requirement of the RFP will be for the Contractor to submit a detailed Quality Control I Quality Assurance (QA/QC) plan outlining the quality management procedures and responsibilities for the workmanlike and professional performance of the key maintenance and repair processes associated with this Contract. The QC/QA plan will be subject to review and input by the City, and the mutually agreed upon performance and quality measures shall be inputted into a web-based Computerized Maintenance Management System. The quality of the work to be performed shall be determined by the Contractor's compliance to the performance and quality standards to be established prior to commencement of the work. Compliance verification shall be accomplished by various methods including random and scheduled inspections by the City's contract manager, City personnel, and outside professionals; input from the various Lincoln Road stakeholders; and the City's examination of documents and records, under its contractual rights. THE ADMINISTRATION RECOMMENDS APPROVING THE ISSUANCE OF THE RFP. Financial Information: Source of Funds: Amount:···· .. :1 $1,680,000 OBPI Total Financial impact Summary: Ci Clerk's Office Le islative Trackin Fred H. Beckmann, Ext. 6012 M'IAMI BEACH 24, 2011, June 28, 2012 .. .,,,, ,,,,.,, , ...•. ' . ,., ... · ·•.· ':; :Account . '• .·, ,,,,.· ) . Fund 168-City Center RDA 103 AGENDA 1TEM ---::C.---f).=k--:-- DATE J-/g-{h .>'" 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 Kathie G. Brooks, Interim City Manage? .1 ~ , July 18, 2012 // SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR MAINTENANCE AND SECURITY SERVICES FOR THE LINCOLN ROAD MALL SERVICE AREA This memorandum is submitted as a follow-up to the February 8, 2012, City Commission Meeting, wherein a discussion was held on Agenda Item R7F regarding the· outsourcing of maintenance services within the Lincoln Road Mall service area. With the exception of the 11 00 block of Lincoln Road (between Lenox Avenue and Alton Road), the maintenance services would be provided for the entire length of Lincoln Road, from Collins Avenue to West Avenue, including side streets between 16th and 17th Streets, the Lincoln Road Service Area (LRSA). Refer to Attachment A for a map of the LRSA. The discussion on Item R7F led to a Motion by Vice-Mayor Weithorn to issue a publicly advertised Request for Proposals (RFP). The Motion was seconded by Commissioner Wolfson and passed by a unanimous vote. The Administration was directed to develop the scope, bring the objective criteria to measure success or failure to the Finance and Citywide Projects Committee (FCWPC) for approval, and submit the RFP for approval at the following Commission meeting. At its June 28, 2012 meeting, the FCWPC recommended that in concept the item be moved and brought to the September 12, 2012 Commission Meeting, subject to Staff meeting with Chairperson Weithorn and Commissioner Exposito to further refine the RFP. Staff has met with and received input from Chairperson Weithorn and Commissioner Exposito and, as a result, revisions are being incorporated into the RFP. BACKGROUND Existing Maintenance Services Managed by City Personnel Except for the 1100 block of Lincoln Road (between Lenox Avenue and Alton Road), City of Miami Beach personnel provide maintenance services for the entire length of Lincoln Road - from Collins Avenue to West Avenue, including the side streets between Lincoln Lane North and Lincoln Lane South. Maintenance services for the 1100 Block are provided under a management agreement with UIA Management, LLC (UIA). Maintenance I security services provided or managed by City personnel are as follows: 104 City Commission Memorandum -Lincoln Road Maintenance & Security Services RFP July 18,2012 Page 2 of7 • Parks and Recreation Dept. GreenSpace Management Division -Include turf mowing, trimming and edging (30/year); shrub and ground cover pruning (12/year); weed control (40/year); tree/palm pruning (2-3/year); date palm seed removal (4-6/year); mulch application (2Near); daily irrigation system checks (5 days, weekly) and repairs as needed; flower installations (3Near) with additional plants also installed; turf fertilization (3/year); shrub/ground cover granular fertilization (3/year); liquid fertilization (minors) (4/year); tree/palm fertilization (3/year); and litter removal (supplemental to Sanitation Division) once per day, 5 days weekly; and integrated pest management. A total of five City personnel support the above activities. • Sanitation Division -Include pressure cleaning of all hard surfaces, with scrubber overlapping pressure cleaners, as well as area garbage cans(5 days, weekly, 15-day rotation); seven-day litter control from 6:10 a.m. to 11:30 p.m., including blowing and sweeping the walkways and emptying garbage and recycling containers; reporting of deficient conditions for follow-up or corrective work by other divisions; and close work with Code Enforcement, Police and Homeless Outreach Team to support a cleaner and safer environment for tourists, residents and business owners. A total of 14 City personnel and three temporary laborers support the above daily activities from 6:30 a.m. to 11:30 p.m. • Property Management Division -Include painting of all structures, retaining walls and "piano keys"; service and maintenance of all decorative, landscaping and pedestrian street lighting; maintain all electrical service points for vendors; and provide cleaning and chemical treatment of fountains/water features, as well as repair and maintenance of associated electrical, pumping and plumbing systems. A total of nine City personnel support the above activities as well as other maintenance activities that fall within the RDA area, but outside of the Mall service area. For this reason, the approximate equivalent of five employees -two Electricians, two Painters, and a MSW II -will be considered as the equivalent number of full-time Property Management positions fully dedicated to the Lincoln Road service area. • Police Department -Contracted security services provide two daily shifts I 7 -day coverage; each shift staffed by two guards. Split shifts are from 6:00 am to 2:00 pm and 6:00 pm to 2:00 am. Existing Maintenance Services Managed by UIA Management and Excluded from RFP On January 2010 the City Commission approved the execution of a Management Agreement between the City and UIA Management, LLC (UIA) for the maintenance of improvements to the 1100 block of Lincoln Road Mall. Under the Maintenance Management Agreement, UIA has provided maintenance, repair and replacement of the water features, landscaping, trees, Pedra Portuguesa stone pavement, lighting, electrical equipment, mechanical systems and sanitation services on the 1100 Block of Lincoln Road. Over the course of the past eighteen (18) months, UIA has met expectations under the terms and conditions of the Agreement. General consensus is that the levels of maintenance, oversight, and repair for the contracted portion of Lincoln Road Mall compare favorably to other Mall areas maintained by City forces. The Management Agreement of the 1100 block of Lincoln Road Mall was contracted to UIA Management, LLC in accordance with Section 52-6 of the original Development Order for the construction of UIA's mixed use parking garage facility. The purpose of the Agreement was to evaluate the benefits received by consolidating oversight and management of all maintenance activities under a single entity as an attempt to control costs while improving levels of service 105 City Commission Memorandum -Lincoln Road Maintenance & Security Services RFP July 18, 2012 Page 3 ofB and response time. To date, the general consensus is that the contract has been successfully executed. The 11 00 block is excluded from the service area Cleanliness Standards The City's Cleanliness Index for Streets, Sidewalks, Rights-of-Way, Parks, Parking and Alleys program is used to evaluate and score the condition of existing facilities. Cleanliness index scores provide an objective measurement of performance, ranging from 1.0 (Very clean) to 6.0 (Very Dirty}, and include assessment of litter, litter/garbage cans and dumpsters, organic material and fecal matter. The target assessment score for streets and sidewalks is 1.5. The results of the assessments are used to monitor the impact of recently implemented initiatives to target areas for future improvements and assure the quality of services. Average scores from the City's Cleanliness Index & Assessment Program's recent surveys for Lincoln Road are as follows: · From FY10/Q2(1) through FY11/Q4: • Lincoln Road, excluding the 1100 block: 1.6 • Lincoln Road, 11 00 block only: 1.4 (1) Commencement of UtA contract for maintenance of 1100 Block. Maintenance Budget for Existing and Contracted Services The expenses for maintenance services are funded from the adopted City Center RDA budget for the LRSA. This budget includes expenses for corresponding management, supervisory, and administrative positions in the various Divisions that will remain after maintenance services are outsourced. The expenses are not separately budgeted, but based on allocations of cost estimated at $2.4 million. Consequently, the effective RDA budget available is estimated as follows: • GreenSpace Management Division: $310,000 • Sanitation Division: $666,000 • Property Management Division: $453,000 • Police Department (Security): $186,000 • UIA Contract: $158,000 • Special Events Coverage: ~65,000 Total: $1,838,000 Excluding the amount of $158, 1 02 required to cover the active U lA Contract for the 11 00 block of Lincoln Road, the projected amount available to fund contract maintenance services for the remaining portion of the Lincoln Road service area is $1,680,000. Capital Improvement Projects for Lincoln Road As part of the FY2011/2012 budget process, a new capital project, "Lincoln Road Landscaping- Lenox Ave. to Washington Ave." was approved and funded at $150,000 to initially address wholesale replacement of landscaping along the entire length of the Lincoln Road Mall. A second capital project "Lincoln Road Landscaping Future Years" was also approved with the intent of programming future annual appropriations to invest in the landscaping revitalization of the Mall, with an additional $150,000 programmed for appropriation in FY 2012/13. 106 City Commission Memorandum -Lincoln Road Maintenance & Security Services RFP July 18, 2012 Page 4 ofB In addition, the "Lincoln Road Washington Ave. to Lenox Ave." project is programmed for a future appropriation of $20,000,000 beginning in Fiscal Year 2014/15 for the purpose of comprehensive enhancements including new lighting, pedestrian surface refurbishment, street furnishings, healthy tree fertilization systems, milling and resurfacing pavement surfaces, and crosswalk enhancements. ANALYSIS Extending along a nearlyA,OOO foot long corridor, Lincoln Road is a major South Florida destination serving tourists, residents and the general public. Maintaining this key thoroughfare clean and well-maintained is essential to helping preserve the City's status as a world class destination. For a number of years, the management of maintenance services within the Lincoln Road service area has been provided by the Property Management, Sanitation, and GreenSpace Management Divisions, with the Police Department managing the contracted security services. Attachment 8 lists the full-time City positions assigned to Lincoln Road, as well as their disposition in the event maintenance services are outsourced. An integrated maintenance service program offers the benefit of competitive pnc1ng while maximizing value and service delivery efficiencies. Following the unanimous vote to issue the RFP for maintenance services at the February sth City Commission meeting, staff completed a draft of the scope of work and performance standards that will be included as Section II of the proposed RFP. RFP Scope of Work Section II of the proposed RFP is divided into three main sections: • Minimum Requirements I Qualifications -The primary objective of the RFP is to enter into a contract with a responsive and responsible Contractor to ensure ever improving level of cleanliness and maintenance services within the Lincoln Road service area. Key requirements include: o Proven track record of maintenance management in pedestrian-oriented public venues and facilities. o Ability to develop and implement a quality control I quality assurance plan to ensure that quality control services are provided by its organization, suppliers, sub-Contractors and vendors. o Demonstrate possession of all necessary attributes to successfully manage the maintenance and expectations of the City, Lincoln Road property and business owners, visitors and the general public. o Possess and demonstrate successful use of a web-based Computerized Maintenance Management System (CMMS) where all service requests, work orders, and performance measures are entered and tracked. • Cost Proposal -The cost proposal format has been structured in a manner that requires the Contractor to provide a detailed breakdown of how it arrived at the value of its proposal; not unlike a unit price contract. Required cost information includes: number of positions, description of duties, hourly rates, and estimated hours per year; description and number of vehicles and equipment, with annual operating expenses; projected quantities of maintenance supplies and costs; projected quantities of repair and replacement parts and unit costs; and projected quantities of plant and shrub 107 City Commission Memorandum -Lincoln Road Maintenance & Security Services RFP July 18, 2012 Page 5 ofB replacement expenses and unit costs. The Contractor will also separately list a percentage-based amount for general, administrative, and overhead costs, and profit for each of the major cost categories in the proposal. However, the proposal will ultimately be evaluated and awarded based on a lump sum amount. The major cost categories in the Base Proposal section are the following: o Maintenance Labor Expenses o Vehicle and Equipment Operating Expenses o Maintenance Supplies and Consumable Expenses o Repair and Replacement Parts Expenses o Plant and Shrub Replacement Expenses The cost proposal also includes the following two "Add Alternates" that require ·the Contractor to provide similar cost breakdowns as detailed above: o Mall Manager Services o Security Services The detailed cost proposal format will make it easier for the Review Panel to: 1) Determine the thoroughness of the Contractor in conducting its due diligence with respect to the resources necessary to perform the required services and scope of work; 2) Tabulate and compare all submittals, across the various categories, in order to seek clarification of any apparent disparities or deficiencies in the manner in which resources were allocated for the work; and 3) Request an explanation of any apparent pricing irregularities, and/or imbalances, across individual items and cost categories. • Required Services/Scope of Work -The required services and work scope are detailed in the following sub-sections: o Pedestrian Surfaces & Side Streets Maintenance o Facilities Maintenance o Landscaping Services o Coordination with Code Enforcement, Police and Homeless Outreach o Special Events o Miscellaneous Duties The Contractor will be required to have all services supervised under a mutually agreed upon manager, or representative, to be exclusively assigned to the Lincoln Road service area, and whose duties will include responding to any stakeholder issues or complaints; ensuring that the provision of maintenance services is done with minimal disruption and inconvenience to the Lincoln Road Mall business and property owners; and serving as the primary point of contact with the City's contract manager. The City's contract manager will be appointed by the City Manager and will have responsibilities that include monitoring and documenting Contractor responsiveness and quality of work. The City's contract manager will also coordinate as necessary with the City's appropriate Division(s) in matters requiring certain levels of technical expertise regarding performance and quality standards, as well as coordination of special procurement items. 108 City Commission Memorandum -Lincoln Road Maintenance & Security Services RFP July 18, 2012 Page 6 ofB Performance and Quality Standards The goal of the City is to improve the actual and perceived cleanliness of the Lincoln Road service area, as well as the timely and effective delivery of maintenance services through the implementation and enforcement of performance and quality standards. An effective tool for monitoring and evaluating the effectiveness of various targeted City initiatives is the currently used Cleanliness Index assessments described in page 3. In addition to this useful tool, the development of the RFP presented an opportunity to introduce a series of performance standards that are included for the various activities described in the scope of work. The standards address response times that depend on the nature and urgency of the task to be performed. The Contractor Standards section provides specific requirements regarding quality of operation, personnel, equipment, supplies, program management, safety regulations, and fines and penalties. A basic requirement of the RFP will be for the Contractor to submit a detailed Quality Control I ·• Quality Assurance (QA/QC) plan outlining the quality management procedures and responsibilities for the workmanlike and professional performance of the key maintenance and repair processes associated with this Contract. Prior to commencement of the contract, the Contractor shall describe how it will measure quality and performance thresholds for work performed under this Contract. The QC/QA plan will be subject to review and input by the City, and the mutually agreed upon performance and quality measures shall be entered into a web-based Computerized Maintenance Management System (CMMS). The requirement for the Contractor to utilize a CMMS, where all service requests, work orders, and performance and quality measures are entered and tracked, will be the key to monitoring the progress and evaluating quality of the maintenance services provided under the contract. The Contractor will be required to provide CMMS "read-only" and management report generating access to the City. The quality of the work to be performed shall be determined by the Contractor's compliance to the performance and quality standards to be established prior to commencement of the work .. Compliance verification shall be accomplished by various methods including random and scheduled inspections by the City's contract manager, City personnel, and outside professionals; input from the various Lincoln Road stakeholders; on-line review of CMMS management reports and data; and the City's examination of documents and records, under its contractual rights. EVALUATION I SELECTION PROCESS The procedure for response, evaluation and selection will be as follows: 1. The RFP will be issued 2. A Pre-Proposal Submission Meeting with potential 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 109 City Commission Memorandum -Lincoln Road Maintenance & Security Services RFP July 18, 2012 Page 7of8 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: T:otali•~PointS >· ; > ... ·.· ........ ····•· ;.\. ··EvatuafionOriteria· >; .. . ..... •.. ···.··• i) •••. •·•••• 25 Maintenance Services Experience & Qualifications of Project Team 5 Methodology and Approach 20 Previous Similar Projects 10 References & Past Performance Surveys Provided by Prior Clients 40 Total Base Proposal Amount 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 a·re,. or include as part of their proposal team, a small business concern owned and controlled by a. veteran(s) or a service-disabled veteran bw;;iness 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 Proposer(s) will take place to arrive at a mutually acceptable Agreement. If the City Commission has so directed, the City may proceed to negotiate an Agreement with a proposer other than the top-ranked proposer. 9. The final proposed agreement(s) will be presented to the City Commission for approval. 10. If the agreement(s) are approved by the City Commission, the Mayor and City Clerk shall execute the contract(s), after the Proposer (or Proposers) has (or have) done so. CONCLUSION Should the City Commission approve this item, the Administration will proceed to issue a Request for Proposals for Maintenance and Security Services for the LRSA. Attachments: A: Map of Proposed Lincoln Road Service Area B: List of Lincoln Road City Staff Positions KB/JGG/FHB/JJF/JC T:\AGENDA\2012\7-18-12\Lincoln Road Mall Maintenance MEMO 2012-07-18.docx 110 0 w u cr:: :::» 0 (/) 1- ::l 0 w m 1-----. 0 1- <( w cr:: <( w u ~ w (/) w u z <( z w 1-z -<( :E 0 w (/) 0 a. 0 cr:: a. Attachment A 111 Attachment 6 LIST OF CITY FULL-TIME EQUIVALENT POSITIONS ASSIGNED TO LINCOLN ROAD 'Sanitation Divisi.on ··. .. ~.. . . . :: .. · Position Number Bargaining Unit Disposition Following Outsourcing MSW Ill 1 AFSCME ................................................................................................................................................................................. Positions could be accomodated within existing MSW II 6 AFSCME vacancies in Sanitation Division currently filled by .............................................................. ············································ ....................................................................... temporary employees. MSW I 7 AFSCME Temp 3 N/A Reduce temps by three. TOTAL 17 'Piuksi&!Recre~tiohlDepartment · · Position Number Bargaining Unit Disposition Following Outsourcing Tree Trimmer 1 AFSCME ................................................................................................................................................................................. Positions could be accomodated within existing MSW II 3 AFSCME vacancies in Sanitation Division currently filled by ······························································ ............................................ ······································································· temporary employees. MSW I 1 AFSCME TOTAL 5 'Prgpe~YMei~aiem~ntzDi~ision•' ' " . ~' ,' . ' ' '·,·/ .. ·' '' Position Number Bargaining Unit Disposition Following Outsourcing Electrician 2 CWA Pursuant to the CWA Collective Bargaining .............................................................. ············································ ······································································· Agreement, these employees would be relocated to Painter 2 CWA a position within the City. ······························································ ...................................................................................................................................................................................................................................... . MSWII 1 TOTAL 5 AFSCME Position could be accomodated within existing vacancies in Sanitation Division currently filled by temporary employees. F:\WORK\$ALL\(1) EMPLOYEE FOLDERS\CANO\Lincoln Road Maintenance\Comm. Item July. 2012\Lincoln Road RFP-City Positions Assigned to LR 112 C4 COMMISSION COMMITTEE ASSIGNMENTS 113 OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Kathie Brooks, City Manager Rafael E. Granado, City Clerk Jorge R. Exposito, Vice-Mayor July 9, 2012 Referral to the Neighborhood/Community Affairs Committee I would like to refer a discussion item to the Neighborhood/Community Affairs Committee regarding a request related a plaque being placed at City Hall in honor of Rose Weiss as the Rose Weiss Park is now known as the Washington Park & Community Garden. We trust that you will find all in good order. Should you have any questions, please feel free to contact my aide, Barbie Paredes at 6457. Best regards, JRE/bp We are committed to prov1ding excellent public service and .sate Jo all whc) :,ve, work, and play in our vil1 ' Agenda Item C <; /1 Date 7-!f-1'2- 115 ------------------------------------------------------------------- Co~1l'it!b.SIO~x;l) ;fo~Gf IS. G)(('OS\'tO ~ , MO~ T~t\tl~t UN ~GR .. IS \£1\~l~vl i tclf)~ "(o-'(;J:·---~ TMJ~----- , :Jb f\_ G l~: ('f\. GOi~ 7:. ?~ \... ~ 5 , c.rN r-q ~1t·.J {\ (; E:. \1\ ~ • - l vJ!\~) \J~P,t~J Dl-0 r'\IA(<)! C)\S?)C~~ ~'<;;{' '{C:C.AKS :::'lc?J0 1 & ,C),s \:t:\1\ ~f\Crt< .~,,() \ Ctd\) --·-----·- 1\(rn~.\0~JB-I\ vv~r~So\?.'( STot,h:::Pll~t,} DOlk;uiS 1\\E.\ft.R \>\P Ar}tC\-1\t~G· -c::nr; Ol)~~ I vr("( ·n\(:Yl' \~.lC1dc)) l:~Al'E.. Ar~11 & /1 P?\P-.'ti.', AF\,ZF; t·\E: F\. ~\ov.hS\IE.g, \ covu) WF\I"l~ ?1 i300\Ll -"\BoUT .. n\E. £\CCO<f)PUS~~i'~iE.i~ts ·of 116 . ' ' ':''. . ' . C~ITY OF MIAMI BEACH .DEDICA Tlr;JN :·1 ROSE WEISS PARK Friendship· Corner Number 2 Second 'llnd 'Waahington A venues · M;am; Beacll, Florida . · Thunday, Septem/Jer.25, irns,' 2:00 p.11';. ·PROGRAM .•' .Jnvor:ation ... ' ............. , ...... : ... Rabbi Leo~ I< ron ish We/com~.~ ......................... Mayor }/f11'Q/d Rosen · ·comments ...... , ..... : . : . . . . . . . . . . . . . . . . . Councilme~ . . . . . Unvetling vfPiaqu~ ... : : ... · .... · .. · ... .". · ...... Mayor R,osen . · . Mayor: Ifarold Rosen· . Vice Mayor Murray'Meyerson Couni:i/men Councilmen Milton Weiss Dr. Leonatd HUber Hal Sptlet · ·· . . Philip Sah/ ·Leonard Weinstein Dr. Simon Wikler. ~{ Clty Manager Frank R: 'Spence ... .. · ( 0~{-1\) ,....,...., .... _ " ............ 117 Page of.~··· .•. . ' • . ... ::· ... @ Public Parks t!lEt Public Parks with '<!lW Shade Systems CIJ Golf Courses MIAMI BEACH PARKS & RECREATION YOUR PLACES TO PLAY miamibeachparks.com I 305.673.7730 BISCAYNE BAY ' . ATLANTIC OCEAN 118 MIAMI BEACH Parks & Kecreolio: TWo SPECTACULAR G~:J;Lf' COU R5~S· ONE LOCATION: MIAMI BEACH PREFERRED GOL.F RATES FOR MIAMI BEACH RESIDENTS! .... ,. ...... ·. ctirs THROUGH ·RED .TAPE, om ANSWI PROBLEMS ANP ~lANDS UP ·FOR ·youR I : ·: ·. . . . . . .. : ... action.lin~@l:ler.ald~·oom . ' . . . fidn: dat~ i's ~~ailable. : .· . . . · H~· was ~ member of the. . . . · . . . . . · Ros·~ w ~i~s t::ru:Q.e to Flqrida . Sch~ol tloar.d; presid.~t 9! .the · THIS .. PARK HONORS .. · in l920.and was !l.ctive=in cicy H:i'aleah-Miami springs-Liot:J.S. · :A SPECIAL WOMAN · . politics. · . . : . . Cluti.Bll.d llo;norary· member of ··: ·,.:: ··:' :·:. :. ·· . ·.·.:. ' . · ·she was a chal:ter.m.em.ber.of ''tqe· NJapattah.Lions Club.. · "·· Qt WOen·wilHhe :c1ty of· ilie Miami Beach Chamber. of. :·.The .. o}'l'iler .o~ tl:!,e Mobley· Ml~J~.i'Beach'live up·to 'its·: ·co'mm.er~e, designed 'the' offi-. ·Appliance Co. and the Jolp:\ promise· tQ. restorfi!. Ros·e . cihl,flag of the city of Miami Mobley Tjj:e Co., Mobley .is ;Weiss Park? · · · · ,Beach, nin the city's .Welfare .probablybestkliownfol'lliwing· . · .. A ··l"ecexit .:s:exald ·a.r:t:lde· ·.D.epartme~t-'. <~s •a yolu,S.teei)· · ~he: Miami ·'M'oun.ted .po~ed the .~ort ~nderwe:f.. ·and :t:~sed mor.e .tl:ian.$5 riilllioi:i ... Poli~e .Force ~heP..Jce .dona!ed · tO' restore tlie'Flagler Monu-in War Bonds ,during World· his whlte ,Texm.esse~ wal.ldxtg merit built by" carl Fisher, · :War·ll. . · · .. ·. :· . .. . . · · ·Buddy 'to· 'the police· ;but: :Fisher's 1io'od · .friend · . · . ' . ·· . . ·... ,depaio;ru:n't . · · Rose :Welss'}.s·ignored. ·. · · THIS STREET HONOR.S .. · ... :.:.:·::.: ·:·, .... ::. ·· · · '· . · ... · . ·· : Wolf B. F.elct A .SPECIAUVIAN' :: '· ·.:·:.· ... ' . . .. . . . . .· . · ... : :· .. · . ·. Mi~1 ~each· ·. Q; Man; ·:.~j'a:n~-i>~~~ ·: .. · : .· · .. , \ . · .. · A. Don\ ·worry, your ~unt Co'uncy· streets are· named · INFAN:f CAR. SEATS ., . :. ·isn't beiog fo:i:gotte:u. . : .. :: after peophi •. In parth:i:ll'ai'~ : MAY NOT BE SECUR.E :· : . . · : ).~enovat~on is planned for Northwest 14th Street near . · · > ·· .. · · : : : ' : · :that P,a.rk.. an.d the ~a:r:g~ a.dja-: 'Jilckson Memorl~l is Jobn B. . . ~raco:ohil~~·rP.rodti.cts 'j.s · .~ntparli,accord.ipgtoNan~tte MilbleyWay. ·: .. :· .: . · · nicall~ng 918,930' .s.nug;Ri'de'· ;Jl.od:r:!~e:z;,·a ~po~eswo~an f~r ~~.t's 'f!IY last rianui;·too, ·. infant c;:ar seat~ ~J?Ped. with.a · ith.e Cll;f .of~ ~ch.. so 17m t;'l.ln(IWI;,.;who was he?.. b!ls.e :!J¥1D.~tured. m tlie USA· · , Rose Weiss Pa.rk. also called . · · C;;Mobfey, ,. betvl:~ Aug. 31, 1~9~, and fe~. ll?ri.endship ·c:::omer Number z1 is · · .. . Plantation' 28,. ~002. . · : · . · : .. ; i~djacent' to. wasl:U.nito.n .Parle, , . . . . · · J?lease *ot'e tha.{ :if yvi(p.w:-· .. · i!J)SQ mown· ~s: (?cean. J3~aclX . A. In ·Miiuni Springs, lj.e''s chaseCJ. ·a· blise tJu:oU.gh G;~:aco. · .iP,ark. .. . . . . · . . . remembered· as "Honest John" · Customer Seroce; yout'model· · · ··::·. It's a Cl,)nitl;!"· ~ilia buii~~g · ..:.__ ~h~ inmi VfhQ helped pri..J;tg inunber'nl.ay; net appear on t:J:te ion it at Wasl:iington. .A.ve:u'u.e Little'League.Ba.seball: to l!l~"" ··.(o~~owing ~t : :: ·::·. · ·., ;8il.d'.Second Street.· : · · : ... · ·. : ·ida and once went to Havana to . The models are:. . . . · i: The park:w!'5·nam~9,..Frti;n<F·: · pro:xpo'te t;he rQde.g. . . · .. 749399,,."7493RS, 7497HL, :Shlp CQrner Numb!!!.? iri.l973. His :memory Wa.s horiCn:e'd by 7497SY, 7i:l?~LK; 74~9N2, . ~:rwo years later it was renamed ~e street signs in January 1996, 8411Ql, 84:I;t<?2, Mll03, .84~03; ~.Rose Weiss Park. ... · •·· 23 years after his death.· The · 8412T02;· 84$7D5, 8457-D~V, ,. It's one ofthre'e slated to be signs. wez:e hung' o+er :fqu( · .8457F3;. 8457GP, ·. 8~57IND, ,r:enovatea.~ the'·neai future. ·IntJ:!Is~ntions·along·.Ni>rth.west 8457MA.';'. 8457.MV,: 845.?'RG, .. . Th~ renov.ation :will .include 14th Sb:eet m Allapattab. · · · '8:457T-MJ, · 8457TM:P, B457YL, ian area w:P,ere' residents ,can· ... ~obley, who lived in Miami . 8458A5!· · 8458AE; . : ~·4o8,B.V;' l{>lay domino-es.-. . .. · . : · . Springs,· was ·known for. ~is . 8458D8, ·. ~fo58FK;B, · 84.58HE; ~·· .:· :~t nOw,·fhe·re.nC;Vation·is tnaiJ..y aCtiVitieS .and~.'ci'!'iC 84S8'H~," .8458KY, 8458NS, .~· ljn 'the bidding.process, so·no ilivolvei:neill. ·. 84~9VL;·. 8::J60LV, '8462HAV, .~t. • ,,· •• ,. : ... . • • .: • ••• •• ·: -.· •. :.:~ •••• : • : ·: : 0 .. :_ ••• • ,' •• ·: •... •• •• ';.: ; : •• :··; .. ·: .. ·~~IT,E ACTJ.O.N J..INt, .T,J:IE HER'~LD; 'fH~~At.,t? PLAZAL·MIAIUII c:• ~~ 119 THIS PAGE INTENTIONALLY LEFT BLANK 120 ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Kathie Brooks, City Manager . a Michael GOngora, Commissione\lf • July 9, 2012 SUBJECT: Referral Item for July 18 Commission Meeting MEMORANDUM Please place on the July 18 Commission meeting consent agenda a referral to the Land Use Committee for a discussion concerning the idling ordinance. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 121 Agenda Item C l.f !3 Date 7-111-/'2- THIS PAGE INTENTIONALLY LEFT BLANK 122 lD MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie Brooks, Interim City Manager FROM: Jerry Libbin, Commissioner DATE: July 3, 2012 SUBJECT: Consent agenda item for the July 18, 2012 Commission meeting; a referral to the Neighborhood and Community Affairs Committee Please refer to the Neighborhood and Community Affairs Committee a discussion to bring a new Festival of the Arts to North Beach. Please see attached and contact my office at ext. 7106 if you have any questions. Attachment JL/er · Agenda Item C lf C. __ ..:,_ __ _ We are commilied to providing excellent public service and safeiy to ali who live, work, and ploy in o Date 7-/J>--/'2- 123 Life is Art & PARK Project present MIAMI BEACH FESTIVAL~~ ARTS Date: February 9-1 0, 2013 Time: 1 Oam -6:00pm Historic Location: Ocean Terrace, east of Collins from 73rd to 75th Street 150+ High Quality Artists & Booths Cultural and Performing Arts Entertainment Engagement of Residents, Local Businesses, Civic & Non-Profit Organizations International Cuisine, Live Music, Kids Corner and Fun for the entire family! 124 Th · Proposal For e CJty of Miami Beach Commission Mayor Matti Herrera 'Bower Vice-Mayor Jerry Libbin Commissioner Jorge Exposito Commissioner Michael Gongora Commissioner Jonah Wolfson Commissioner Edward L. Tobin Commissioner Deede Weithorn UCTI The Miami Beach Festival of the Arts (MBFA) is nearly 40 years old and one of the most prestigious cultural arts festivals on the East Coast of the United States. MBFA is recorded to bring an estimated 30,000 people every year to the City of Miami Beach to peruse fine art exhibits and enjoy an outdoor festival with a diverse span of cultural and performing arts entertainment. This magnificent and long-standing tradition offers two days of music, dance, theatre, arts & crafts, storytelling, and international cuisine for people of all ages. The City of Miami Beach prides itself as an artistic destination and should have a renowned, self-branded arts festival as part of its identity and cultural offerings. As Miami Beach residents. participants and overall supporters of MBFA for the past several years, we feel a responsibility to offer our collective expertise to bring it back, earn your trust and ensure it grows with each passing year. We are confident in our ability to create a historic "come back" event for the City of Miami Beach in 2013 with the biggest and best MBFA seen yet! With Life is Art and PARK Project at the reigns, MBFA wlll surely be propelled to new heights. We will reinvigorate and infuse MBFA with our passion, contagious spirit, industry knowledge and the new life it has been craving for. We are a tight knit team of event professionals, marketers and all around do-gooders who are passionate about turning MBFA into one of our signature annual events! L Our goal is to reinstate MBFA back to its original glory and earn local. regional and internationally acclaimed status in the next few years. Life is Art and PARK Project seek approval of the Title Partnership opportunity that follows, and establishing an ongoing relationship with the City of Miami Beach. We are committed to produce MBFA in a way upholds the event's mission and honors the City of Miami Beach and its high quality standards. Our extensive experience in events, branding, marketing & advertising coupled with our forward thinking strategies and creative solutions will build on MBFA's success and reinvigorate Miami Beach residents, businesses and the community at large to PARK for the arts! INCREASE the Quality of ArHsts & Exhibits INCREASE in Resident Participation & Overall Attendance INCREASE in Local Business Impact & Community Engagement INCREASE in Sponsor Support and overall Event Revenue 125 Cl F Ml TITLE PARTNERSHIP OPPORTUNITY RIGHTS TO EVENT & TITLE Life is Art & PARK Project present the Miami Beach Festival of the Arts REINSTATEMENT OF CITY BUDGET $55,000 IN-KIND REQUEST INCLUDES Marketing & PR Support Logistical Support Police Coverage Waste Management I Sanitation Parking Management Permit Fees Website Domain Preliminary Budget Estimate TARGET REVENUE* I S37.ooo.oo I $10,507.00 * Event Revenue benefits local artists and non-profit organizations through Life is Art & PARK Project grants, programs and events year round. 126 lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager ~-ft.---.~ July 18, 2012 A REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE REGARDING A PROPOSED EASEMENT AGREEMENT WITH SHELBORNE ASSOCIATES, GP, COSTELLO INVESTMENTS, INC., AND SHELBORNE OCEAN BEACH HOTEL CONDOMINIUM ASSOCIATION, INC., OWNERS OF THE PROPERTY LOCATED AT 1801 COLLINS AVENUE, FOR A LIFT STATION AND ASSOCIATED CONNECTION TO CITY'S SANITARY SEWER SYSTEM IN THE PUBLIC RIGHT OF WAY OF 18TH STREET, WITH A TOTAL AREA OF 527 SQUARE FEET. ADMINISTRATION RECOMMENDATION The Administration recommends referring the matter to the Land Use and Development Committee for discussion. BACKGROUND The subject Property contains the Shelborne Hotel and is located at the northeast corner of the intersection of Collins Avenue and 18th Street. The Shelborne Hotel is classified as Contributing in the Miami Beach Historic Properties Database and is located within the Ocean Drive/Collins Avenue Local Historic District and National Register Architectural District. It was originally designed by Polevitsky & Russel and constructed in 1940, and contains a front addition designed by Morris Lapidus and constructed in 1957. Located along the south side of the Property, 18th Street provides pedestrian access to and from the beach. The Property occasionally experiences back-ups of sewage onto the Property. It has been determined that a private sewage lift station, owned by the Applicants, is required to address the problem as the standard backflow preventer will not work under the hydraulic conditions. The Applicants and City staff have worked together to address the situation and locate a lift station. 127 Agenda Item (!., {(D Date 2-1 ;5 -/'L City Commission Memorandum -1801 Collins Avenue Easement July 18, 2012 Page 2 of4 The following locations were considered that are outside the public right-of-way: 1. Inside the building -Structural constraints and access issues make it extremely difficult to place the lift station inside the existing building. 2. Adjacent to the south side of the building - Negative impacts to the existing building foundation, as verified by a third-party structural engineer, prevent placing the lift station in the 5'-0" setback between the sidewalk and the building on 18th Street. 3. At the front of the building -Code requirements and the historic character of the Shelborne Hotel, as determined by the Planning Department, disqualify placing the lift station at front corner of Shelborne hotel near the intersection of Collins Avenue and 18th Street. 4. At the rear of the building -Adverse impacts to existing structures and foundations exclude placing the lift station in the rear yard. As such, the lift station must be placed in the City's right-of-way. After careful consideration and analysis, the Applicants and City staff determined that the best and most unobtrusive location is below grade in the existing sidewalk mid-block on the north side of 18th Street at the point where the existing sewer line lateral exits the Property. The pump station will convey sewage through an underground pipe to the City's sanitary sewer system located directly south of that location near the center of 18th Street. No part of the lift station and the associated conveyance piping in the right-of-way will protrude above the grade of the existing sidewalk or 18th Street. Therefore, the lift station will neither impede pedestrian access to and from the beach, nor inhibit parking in 18th Street. The Applicant will place the control panel, vent stack, and any other above grade elements for the lift station outside of the public right-of-way, in the area north of the sidewalk. Due to the permanent nature of the lift station, the City will require the Applicants to obtain an easement for the area encroached upon by the lift station and the associated piping. The area of this proposed encroachment is approximately 527 square feet. ANALYSIS There is no section of the City Code that provides guidance on the appropriateness of granting an easement. Therefore, staff has reviewed the appropriateness of the facility pursuant to the criteria established under Section 82-38 of the City Code for the proposed sale or lease of City property. 1) Whether or not the proposed use is in keeping with city goals and objectives and conforms to the city's comprehensive plan. Satisfied. Granting the easement for the lift station will uphold the City's goals of protecting the health and safety of the public. 2) The impact on adjacent properties (if any), including the potential positive or negative impacts such as diminution of open space, increased traffic, noise level, enhanced property values, improved development patterns and provision of necessary services. Based on the proposed use of the property, the city shall determine the potential impact of the project on city utilities and other infrastructure needs and the magnitude of costs associated with needed infrastructure improvements. Should it become apparent that further evaluation of 128 City Commission Memorandum -1801 Collins Avenue Easement July 18, 2012 Page3of4 traffic impact is needed, the purchaser/lessee shall be responsible for obtaining and paying for a traffic impact analysis from a reputable traffic engineer. Satisfied. The lift station and associated piping will be below grade. The lift station access hatch will be at grade on the sidewalk. However, there will not be any negative impact on pedestrian access to and from the beach or any negative impact on parking in 18th Street. There will not be any traffic impacts. 3) A determination as to whether or not the proposed use involves a public purpose, or is in keeping with the community's needs, such as expanding the city's revenue base, reducing city costs, creating jobs, creating a significant revenue stream, and/or improving the community's overall quality of life. Satisfied. Granting the easement for the new lift station serves a public purpose by preventing sewage back-ups that otherwise create a health and safety problem. The easement meets a need of the community by protecting the residents and visitors of this area of the City. 4) A determination as to whether or not the proposed use is in keeping with the surrounding neighborhood, will block views or create other environmental intrusions, and evaluation of the design and aesthetic considerations of the proposed development or project. Satisfied. Lift stations are common and necessary uses in the neighborhood. The lift station and associated piping below at grade and will not block any views. The control panel and vent pipe will be placed outside of the public right-of-way, north of the sidewalk, in a landscaped area and will also not block any views or impede pedestrian or vehicular access. The underground lift station will further protect the view and appreciation of the historic Shelborne Hotel. 5) The impact on adjacent properties, whether or not there is adequate parking, street and infrastructure needs. Satisfied. There will not be any adverse impacts to adjacent properties, including 18th Street. Granting the easement will provide better control of sewage and prevent sewage back-ups. 6) Such other issues as the city manager or his authorized designee, who shall be the city's planning director, may deem appropriate in analysis of the proposed disposition. Satisfied. The Applicant and City Administration have worked together and sought to place the lift station on private property. Unfortunately, none of four potential locations on the Property are feasible. Specifically, (1) structural constraints and access issues prohibit placing the lift station inside the existing building; (2) negative impacts to the existing building foundation, as verified by a third-party structural engineer, prevent placing the lift station in the 5'-0" setback between the sidewalk and the building on 18th Street; (3) Code requirements and the historic character of the Shelborne Hotel, as determined by the Planning Department, disqualify placing the lift station at front corner of Shelborne hotel near the intersection of Collins Avenue and 18th Street; and (4) adverse impacts to existing structures and foundations exclude placing the lift station in the rear yard. In addition, engineers for the Applicant have determined to the satisfaction of the City Administration 129 City Commission Memorandum-1801 Collins Avenue Easement July 18, 2012 Page 4of4 that installation of a check valve on the existing sewer line exiting the Property is not feasible to resolve the sewage overflows. The analysis above shows that the criteria for the proposed sale or lease of City property are satisfied, per Miami Beach City Code Sections 82 -38, to allow an encroachment in the City's right-of-way to provide an underground lift station. At this time, an appraisal has not been requested of the proposed easement area. CONCLUSION The Administration recommends referring the matter to the Land Use and Development Committee for discussion. JMG/6~Jffi'¥s/DW T:\AGENDA\2012\7 -18-12\revocable permits and easements\1801 Collins Easement-MEMO.doc 130 (9 MIAMIBE OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Kathie Brooks, Interim City Manager Rafael E. Granado, City Clerk Jorge R. Exposito, Vice-Mayor July 10, 2012 MEMORANDUM SUBJECT: Referral to Neighborhood/Community Affairs Committee: Collins Canal Centennial Celebration Please place a referral item on the July 18, 2012 Commission Meeting Agenda to the Neighborhood/Community Affairs Committee relating to having a plaque and a celebration for the lOOth year Anniversary of the Collins Canal coming up in November. We trust that you will find all in good order. Should you have any questions, please feel free to get in touch with my aide, Barbie Paredes at extension 6457. Best regards, JRE/bp We are committed lo providing excellent public service ond safery lo all who live, work, and play in our vi 131 Agenda ltem_C--L..l$/t::=--- Date__:..l-__;/_!-_-"--=/2-=-- THIS PAGE INTENTIONALLY LEFT BLANK 132 m MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie Brooks, City Manager FROM: Michael Gongora, Commissioner DATE: July 10, 2012 SUBJECT: Referral Item for July 18 Commission Meeting Please place on the July Commission meeting consent agenda a referral to the Land Use and Development Committee a discussion item dealing with Miami Beach United resolutions. The point of the discussion is to address the issue of compatibility of certain uses in proximity to residential uses, to create safeguards while still allowing for flexibility of development. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 133 Agenda Item C,l( F Date 1-1 3-12._ THIS PAGE INTENTIONALLY LEFT BLANK 134 m MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Kathie Brooks, City Manager Michael GOngora, commissionerw July 9, 2012 SUBJECT: Referral Item for July 18 Commission Meeting MEMORANDUM Please place on the July 18 Commission meeting consent agenda a referral to the Finance Committee for a discussion concerning supplemental health benefits to city employees at no cost to the City from Liberty National. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 135 Agenda Item C Y C- Oate 7-/V-/2.. THIS PAGE INTENTIONALLY LEFT BLANK 136 (9 N\IAMIBE OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Kathie Brooks, Interim City Manager Rafael E. Granado, City Clerk Jorge R. Exposito, Vice-Mayor July 10, 2012 Referral to Finance & Citywide Projects Committee regarding The Wolfsonian-FIU/Washington Avenue Initiative Please place a referral item on the July 18, 2012 Commission Meeting Agenda to the Finance & Citywide Projects Committee relating to the Wolfsonian-FIU Master Plan and Washington Avenue Initiatives. The Wolfsonian Museum is a jewel within the City of Miami Beach. Last year the Wolfson ian acquired an additional150 frontage feet of Property adjacent and north of their existing space. Miami-Dade County through its building Better Neighborhoods bond issues has committed $10 Million to the Wolfsonian. The Commission has long debated how to improve Washington Avenue as an important gateway to our city. I believe the Wolfsonian can have an enormous impact and positive impression on Washington Avenue if the city were to work with then in developing a master plan to develop the museum's real estate and adjacent areas. The cost of a Museum Master Plan would be approximately $150,000. I would recommend thus at a minimum and give serious consideration for additional funding beyond the museum property scope, to be discussed and decided by the Commission and staff. JRE/bp We are com mitred to providing excellent public service ond safery to all who live, work, and play in our vibrd C, U / / . Agenda ltem _ __..;,n...::..n ____ _ Date 7-!8-/L. 137 THIS PAGE INTENTIONALLY LEFT BLANK 138 C6 COMMISSION COMMITTEE REPORTS 139 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 Ci~y Com ~s/ Kathie G. Brooks, Interim City Manager /A / . July 18, 2012 · SUBJECT: AMENDED 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 G6ngora, 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 141 Agenda Item CG A Date 7-1~ -/?.... City Commission Memorandum Report of the Land Use & Development Committee Meeting of May 16, 2012 Page 2 of4 within 375 feet. 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 OBT~FORMAL OPINIONS AND FORMAL ADMINISTRATIVE DETERMINA~S'''fJlQM THE PLANNING DIRECTOR(DEFERRED FROM THE ";012 L;~ETING REQUESTED COMMISSIO :@jt;,,, APRIL 13.2011, & MOTION'fQ),,,, MOTION: Libbin/Wolfson: -Referred ,,:~~i~!!Dharter Review Committee. the about the Association ~~'=~· neighborhood, USES IN A CD·2 DC MEETING :o"~MISSIONER JERRY LIBBIN tsiCJN MEETING, ITEM C4G item. Commissioner Libbin asked for Attorney Wayne Pathman discussed Street and Alton Road. David Blum spoke Jeff from the Flamingo Park Neighborhood ittee discussed the impact of the proposal on the : . signage could be limited. MOTION: Libbi Refer to Planning Board with direction to address limiting the proliferation this use in the CD-2 districts, and to address issues of signage; item to return to the 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 that. pending additional direction from the committee. a 142 City Commission Memorandum Report of the Land Use & Development Committee Meeting of May 16, 2012 Page3of4 capital budget project request for the expansion of the dog park was submitted as a request. in the F.Y. 2012/13 capital budget. but no other funding was available or otherwise authorized. Discussion centered on the expansion of the existing bark park. with seating for dog owners and a fountain for dogs. Commissioner Libbin asked about the $105.000 budget estimate and how it would be 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. D HOMES AND THE _,.""''~SAME. DC MEETING JONAH WOLFSON ITEM C4C) EMPLOYEES. COMMISSIONER JONAH WOLFSON, ~!!1JII.IL,Utillttl.'CITY COMMISSION MEETING, ITEM C4K} AFTER-ACTION: 11. DISCUSSION REGARDING NOT CHARGING DOUBLE PERMIT FEES FOR PEOPLE WHO COME FORWARD AND REQUEST PERMITS FOR WORK DONE WITHOUT A PERMIT. (REQUESTED BY COMMISSIONER JONAH WOLFSON DECEMBER 14. 2011 CITY COMMISSION MEETING, ITEM C4A} AFTER-ACTION: DEFERRED 143 City Commission Memorandum Report of the Land Use & Development Committee Meeting of May 16, 2012 Page 4 of4 12. DISCUSSION CONCERNING THE TERMINAL ISLAND TRAFFIC STUDY AND CIRCULATION STUDY. (RETURNING FROM THE MARCH 28, 2012 LUDC MEETING 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. dfuBb (DEFERRED FROM THE MARC.H8& , " LUDC MEETING ORIGINALLY REQUESTED BY COMMI_ .. ·. ,_.... . -~ MICHAEL GONGORA MARCH 21 I 2012 CITY COM MIS ~,.,,,,:·. ·.· /ri~~G, ITEM C4M) AFT~R-ACTION: The Committee the pr~p~!... including residency requirements, appeals of board the other po1nts. ··'=1¥i.h: .. MOTION: Bring back to Committee with ' T:\AGENDA\2012\ COMMITTEE FOR MITTEE TO DISCUSS F SPECIAL MASTER ITEM C4C) matter with the City Attorney. Meeting of May 16 2012 afteraction-2.docx 144 1. 2. 3. 4. 5. 6. 7. 8. co~ (a) 10. f[ 12. 13. 14 15. 16. 17. 18. LAND USE AND DEVELOPMENT COMMITTEE MEI;TING May 16,2012@ 4:00pm City Manager's Large Conference Room Attendance Sheet CONf ACT NUMBER I I WISH TO RECEIVE'IliE . .AGEtfDA ELEClRONICAU: ~ @ ~J!'i b!.rp ·GeM @ bm.sc(f.ft~"" It) -.:::1" "'l""" CD .... 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(0 -.:::1" "l""" (9 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 C~y ~7is ·on Kathie G. Brooks, Interim City Manager~ .Y'-; · July 18, 2012 SUBJECT: REPORT OF THE JUNE 13, 2012 LAND USE AND DEVELOPMENT COMMITTEE MEETING A Land Use and Development Committee meeting was held on June 13, 2012. Members in attendance were Commissioners Gongora, Libbin and Wolfson. 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 (DEFER~ED FROM THE MAY 16,2012 LUDC MEETING REQUESTED BY CITY COMMISSION, APRIL 11, 2012 ITEM R51, ORIGINALLY REQUESTED BY CITY COMMISSION JANUARY 28. 2009, ITEM C4H) AFTER-ACTION: Richard Lorber and Jorge Gomez introduced the item and discussed the various changes that have been made, and discussed Commissioner Weithorn's concern regarding the definition of Financial Consultant. The Committee discussed adding a category of landscape architect to one or more of the Boards. Staff in consultation with the City Attorney's Office, is to explore the ability to clarify by ordinance, the Board of Adjustment's Financial Consultant category, for second reading. MOTION: Libbin/G6ngora: (2-0). HPB section, amend lawyer to be licensed in U.S. MOTION: Libbin/G6ngora: (3-0). PB to add Landscape Architect to category one. 2. DISCUSSION REGARDING A RESOLUTION BY THE HISTORIC PRESERVATION BOARD TO MODIFY THE CODE GOVERNING THE VOLUNTARY DESIGNATION OF SINGLE FAMILY HOMES. (DEFERRED FROM THE MAY 16,2012 LUDC MEETING ORIGINALLY REQUESTED BY MAYOR MATTI HERRERA BOWER SEPTEMBER 14. 2011 CITY COMMISSION MEETING, ITEM C4M) AFTER-ACTION: DEFERRED 147 Agenda Item C" (3 Date 7-li'-/2.... City Commission Memorandum Report of Land Use & Development Committee Meeting of June 13, 2012 Page 2 of4 3. REDUCED PARKING RATES FOR HOTEL EMPLOYEES. (DEFERRED FROM THE MAY 16, 2012 LUDC MEETING ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON, OCTOBER 19,2011 CITY COMMISSION MEETING, ITEM C4K) AFTER-ACTION: DEFERRED 4. DISCUSSION REGARDING NOT CHARGING DOUQ8::,,_PERMIT FEES FOR PEOPLE WHO COME FORWARD AND REQUEST PER~iL11P>R WORK DONE WITHOUT A PERMIT. ,,,,~t~~:-l:l:liiiit~~~~i\,,, (DEFERRED FROM THE M~~l_Bt:2012 t ____ MEETING ORIGINALLY REQUESTED BY O.llitiSSIONER'~H WOLFSON DECEMBER 14. 2011 CITY.,~ISSION MEETI~!EM C4A) -~{:~~~~l~)~:::: ··=:::~~@~~)::: .. AFTER-ACTION: DEFERRED AD"" .,; ' 5. ~~SEC~~~~RR~NG~~~NHG'--~Jp C~~! A~;:g~~~T ~~SJ~~~~~ CAN ~.E~~~~~~~:IREEFF1~TVE~~~ ~·~~ p~~~~:o~A~~.:~·g~~~~~:~~.~~~~~~ ){~,,-illlllil.]lill.~.E!t.-~~f;Jsi:j~~l~~~~~~f~!i iit}:;:, REGUCAt.IQNs;--=~T BEr~OVED BY A MAJORITY OF VOTERS IN ·<; t-:: :-~:=k A CITYWf~~:~ECftfl:~~, ~:::~;::~:~!SHALL SEC. 1.03 '''OF THE CHARTER BE AMENDED TO REQUIRE 'fiAT, AFTEiiit NOVEMBER 7, 2012, AND BEFORE BECOMING Ef'Mie.TIVE, iiiv CHANGE TO THE CITY'S LAND DEVELOPMENT REGlltAllgD' THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHf$.Itif[)tOCAL HISTORIC DISTRICTS SHALL FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? (REQUESTED BY CITY COMMISSION, MAY 9, 2012 CITY COMMISSION MEETING, ITEM R7F ORIGINALLY REQUESTED BY MAYOR MATTI HERRERA BOWER JULY 13, 2011 CITY COMMISSION MEETING, ITEM R7G; AND DECEMBER 14, 2011 CITY COMMISSION MEETING, ITEM C4C) AFTER-ACTION: DEFERRED (Note: This item will be placed on the City Commission Agenda of July 18, 2012) 148 City Commission Memorandum Report of Land Use & Development Committee Meeting of June 13, 2012 Page3of4 6. 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. {RETURNING FROM THE MAY 16, 2012 LUDC MEETING ORIGINALLY REQUESTED BY COMMISSIONER MICHAEL GONGORA MARCH 21. 2012 CITY COMMISSION MEETING, ITEM C4M) AFTER-ACTION: Jorge Gomez reviewed the points discussed by the Committee at last month's meeting. Commissioner Wolfson indicated that prefer that appeals come to the City Commission. The Committee discussed · and directed that staff review other jurisdictions' approach. Richard Lorber d itional recommendations from staff, including concurrent Board reviews, stream variances, and Planning Board review of docks. Terry Bienstock discussed hearing regarding Palau. Commissioner Libbin discussed enhancing information on projects through using technology, using email. ng the idea of appeals by citizens to the Commission after a asked that the Committee let the citizens know what they am[Q01ing MOTION: Libbin/Wolfson: from the Board of Adjustment Regulations. (Note: Comm requirements of deminimus varia 7. of private use of public air-rights or ·!:lnl"ll"n\1'.:::~• for these types of requests. The or revocable permits should be addressed ; Richard Lorber read the criteria from Section 82- policy question regarding the proper method for · revocable permit, or easement, or other instrument, and remuneration to the City. The Committee indicated that these types be in the form of easement agreements but decided as a public hearing li Michael Larkin indicated that his client would agree that his request re-advertised as an easement, for the September City Commission meeting. objected to being required to pay for the City's appraisal. The Committee discussed the appraisal cost, suggesting that the fee for the application could include the cost of the appraisal. Neisen Kasdin discussed appraisal methodology with the Committee. The Committee discussed setting the required public hearings, sending the issue of appraisal and methodology to Finance. Mr. Kasdin then presented the Atlantic Hotel project. The Committee expressed satisfaction with the proposed project, and discussed how the City should treat similar requests for these types of approvals of underground parking easements. Neisen Kasdin expressed that they are prepared to proffer a grade level beachwalk as part of the project. The Committee then discussed thresholds for future approvals, expressing that large projects should probably have additional public hearings, but smaller ones might not need it. The Administration will bring 149 City Commission Memorandum Report of Land Use & Development Committee Meeting of June 13, 2012 Page4of4 back draft outline of how to deal with these requests in the future for further impact. MOTION: Libbin/Wolfson: (3-0) For the Tides Bridge over the alley, general approval of the concept, setting the required public hearings, sending the issue of appraisal and methodology to Finance. MOTION: Libbin/Wolfson: (3-0) For the Atlantic Hotel underground parking easement, move to Finance with the recommendation to move forward with the appraisal process. Attachment KGB/il/;;;; 150 ....llo. U1 ....llo. 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M:\$CMB\CCUPDATES\Land Use and Development Committee\2012\Sign ln Sheet2012.docx ---. --· --. --· ·------------· ----··~ >c y~ ~ ~ ~---. -Y/::s 2<2 ~..< -v t/ E-MAIL ADDRESS __&_~___£ (0 it @ t\tt.lOI\1;~-{l, <:1\V Acta-H-. --.:;; @ D11 it:tft'l t la:z <eA f11K 11-f.tuJ @ v.u...,·--.,: ~A @ ~t>~w.~~~ @ ~e.f-(7\c;c { _ 6 0 ~ 0 L0e.. .. .f"1.Y-./ @ 1 t.e,. 111.( (e.~ & ' AN~S33 l ~ 9 @ Y A /lOb. Cgi'Vl "'1We..'Marl1 @ &>-,a_,'(. C')'"1 @ N"ctl-~_n.bcar.~.es @ ak.er~. Cof.A -maM s+.er @ br::z.oi'\L_oqi'4V ~<'lj)l' @ <...J @ @ @ THIS PAGE INTENTIONALLY LEFT BLANK 152 (9 MfAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMITIEE MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROMo Interim City Manager Kathie G. Brooks /..,4, ~ . DATE: July 18, 2012 SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING OF JUNE 1, 2012. OLD BUSINESS 1. A resolution waiving, by 5/7ths vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City, and authorizing the City Manager to negotiate and execute a Professional Services Agreement, in an amount not to exceed $150,000, with a qualified firm for services related to auditing the processes of certain regulatory departments or divisions ACTION The Committee reviewed the six candidates and selected two to be brought back at the June 5, 2012 Finance & Citywide Projects Committee Meeting for an interview/presentation. Assistant Building Director Kristin Tigner and Assistant City Manager Hilda Fernandez presented the item. The Committee reviewed and discussed the six Expressions of Interest that were received. The Committee then selected two candidates to be interviewed at the June 5, 2012 Finance & Citywide Projects Committee Meeting. The meeting was recessed and will reconvene June 5, 2012 at 1 pm. Agenda Item C..C, C. Date 7-IR-1 2... 153 THIS PAGE INTENTIONALLY LEFT BLANK 154 (9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMITTEE MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROMo Interim City Manager Kathie G. Brooks/~~ I DATE: July 18, 2012 SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING OF JUNE 5, 2012. NEW BUSINESS 1. A resolution waiving, by 5/7ths vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City, and authorizing the City Manager to negotiate and execute a Professional Services Agreement, in an amount not to exceed $150,000, with a qualified firm for services related to auditing the processes of certain regulatory departments or divisions ACTION The Committee ranked the two candidates as follows: 1. Crowe Horwath, 2. TCBA Watson Rice and in the event that the City cannot come to terms with Crowe Horwath with regard to scope, the Committee then recommended moving forward with the second ranked firmTCBA Watson Rice. The two candidates made presentations. The Committee discussed the two candidates and ranked them as follows: 1. Crowe Horwath, 2. TCBA Watson Rice. The Committee also recommended that in the event that the City cannot come to terms with Crowe Horwath with regard to scope, the Committee recommended moving forward with TCBA Watson Rice. 155 Agenda ltem_c_~_D __ Date 7--lf-1 l THIS PAGE INTENTIONALLY LEFT BLANK 156 C9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beech, Florida 33139, www.miamibeachfl.gov COMMITTEE MEMORANDUM TO: FROM: DATE: Mayor Matti Herrera Bower and Members of the City Commission Interim City Manager Kathie G. Brooks /.cA • .. July18,2012 · SUBJECT: REPORT OF THE FINANCE AND MEETING OF June 28, 2012. OLD BUSINESS 1. Discussion rega acceptance of gifts, ACTION The Committee Citywide Proj Commission M' lines for to the Finance and September 12, 2012 .. referred this matter for discussion to Comm . The item referred for discussion issue of potential amendments to the City Code ed to the City's Officers and Employees, below fair m ness with the City or from a lobbyist. At the September . · ... Committee meeting City Attorney Jose Smith advised Committee m · · unty's Commission on Ethics was reviewing the issue of complimentary ; the Committee recommended that the matter be monitored and a provided to the Committee. The discussion on a ticket distribution policy from an initial investigation by the Miami-Dade Commission on Ethics and Public Trust (COE) and State Attorney's Office (SAO) in response to a complaint by the New World Symphony (NWS) about the inclusion of a complimentary ticket program as part of the negotiations of proposed revisions to the "public benefit" section of the NWS's lease with the City for the NWS use of public land. In 1992 the Florida Commission on Ethics issued its Opinion No. 92-33, holding that City of Miami Beach elected officials could legally accept complimentary tickets from the City (obtained via negotiated 'public benefit' clauses in City contracts) to performances taking place at City-owned venues, subject only to the requirement that public disclosure of such ticket receipt be made by the recipient/Officials on quarterly gift disclosure forms. In reliance upon the opinion of the State Ethics Commission, the City of Miami Beach adopted its Resolution No. 93-20694, in which the City Commission formally established 157 Agenda Item CrtJ!E Date "J.-If-1 L a procedure for the City's distribution of its tickets to performances taking place at City- owned venues, whereby designated municipal officials and deserving members of the community would receive complimentary tickets to such productions. A complimentary ticket program has been negotiated as part of resulting public benefits programs for other venues with management and/or lease agreements, including the Miami City Ballet and Byron Carlyle Theater. Based on this longstanding City policy and State Commission on Ethics opinion, the SAO closed its case on October 18, 2011, with a finding of no wrongdoing, but referred the matter to the COE for further review on the policy elements of the issue. On March 1, 2012, the COE released a DRAFT "Guidelines and recommendations regarding 'public benefit' clauses in certain government contracts. The focus of the guidelines was on complimentary ticket programs in those public benefits clauses, and what they perceived to be "flawed" policies by several municipalities related to such. The Attorney's Office reviewed the COE's recommended guidelines and on 28, 2012 submitted a Memorandum of Law to the COE addressing the by their guidelines, and challenging the authority of the COE to issue s idelines. It is the opinion of the City Attorney that these are matters of · .· ·. .. not subject to review by the COE. . Assistant City Manager Hilda Fernandez .t:m:,:ser current ticket distribution policy. Discussion:;r~n:sueld ained the City's added that he what is and . resolution felt that only the County Commission or the what is not a "public benefit" should the City Commission concerned that the guidelines contradicted each other. missioner Jorge ito was the proposed City resolution Jamesu~a that the language defining a "public benefit" in the oroaeisea Ms. Fernandez a single/performance ru~o;:cnt•ng members of the at assist in promoting and stated that City entitled · event and that ning ti community, 1 marketing the and/or entities distri agreement with the City or to persons ons to the community; and 15% nrn·v~~.::wAr:rlnnition Program. Ms. Fernandez ltl · · committee would review and nizatiort~f~Tidtor groups eligible to receive tickets and Commission. Chairperson Weithorn expressed asked what happened to tickets that were not which are not picked up would be given to Employee Recognition Program. City Attorney Smith ners make note of the how tickets were used using the in an addendum by the COE. Chairperson Weith the floor to public comment. Miami Beach Resident Frank Del Vecchio suggested reducing the administrative burden by following the City's 1993 resolution, keeping the disclosure requirements but removing the distribution policy and adopting guidelines which reference the guidelines of the CO E. City Attorney Smith stated that there were other reasons that the 1993 resolution needed to be updated and that he would go over them with Mr. Del Vecchio. City Manager Jorge Gonzalez asked what the COE expected the City to do. City Attorney Smith stated that the COE said that if the City does not follow their guidelines the City could be subject to an ethics complaint. The Committee recommended that the item be brought back to the Finance and Citywide Projects Committee and then brought to the September 12, 2012 Commission Meeting. 158 NEW BUSINESS 2. Status Report from the engineering company assigned to do the City's Citywide Stormwater Master Plan ACTION The Committee recommended that the item be brought back to the August Finance & Citywide Projects Committee meeting and that a special meeting be set up for the Public Works Director and the public to discuss technical issues with the Stormwater Master Plan. Public Works Director Fred Beckmann presented Jason Johnson of Camp Dresser & McKee (C master planning for a number of cities includi and went on to introduce at has provided stormwater nice and Italy. anagement Master ends sustainable The previous provided SWMMP more powerful that and identifies those basins a computerized This task and identified system The Stormwater Master · e consultant made use of a ric sea level data. As a result, for all feet NAVD88 is now being used for 3.2 feet NAVD88 as a minimum for were 0.04 feet NAVD88 for sea level The provide concurrency reviews of recently bid neighbo oro~1ectst.;~V1· m has prompted changes to the stormwater designs of·· oornocJas.~aue to the revised sea level elevation and the inter-basin flows. The ne:lf'l:lll:IOor·no,oCil:t~::rjevlt9Wt9CI to date are: Biscayne Point; Central Bayshore; Lower North B Pancoast; Sunset Islands I & II. In addition, the new preparation of the following projects: Star Island; Palm and Hibiscus Islands; S nds Ill & IV; Sunset Harbor; Flamingo 6th Street; 16th Street; La Gorce. Further, the SWMMP has developed an order of magnitude cost estimates for the improvements required that total almost $200 million in needed infrastructure improvements. These improvements will need to be made over an estimated span of 25 years, contingent upon the rate of sea level rise. Mr. Johnson presented the report, which is an update and expansion of the SWMMP. The SWMMP is intended to be a guide for improving the City's stormwater management system performance for the next 50 years, with considerations to potential sea level rise over this time period. Ch~irperson Deede Weithorn asked where the outflows are of the pump stations that are being installed as part of the FOOT project on Alton Road and if the City needed to get permission from the buildings along Alton Road to install the outflows. Mr. Beckmann stated that the outflows go to Biscayne Bay and that the pump 159 stations are being installed under the city right-of-ways. Commissioner Jorge Exposito asked why the recommendation by Coastal Systems International Inc. (CSI) regarding the sea level rise was not utilized. Mr. Johnson explained that CSi provided a great deal of information including the latest yearly mean high water elevation which was based off a document developed by the National Oceanic and Atmospheric Administration. However sea levels are calculated not over one year but over an epoch; and an epoch is based on 19 years of information. Mr. Johnson went on to explain that CSI took that information and made projections based off of Virginia Key. Mr. Johnson then stated that COM used a combination of the information provided by CSI and the epoch information to establish their recommendations. Commissioner Exposito expressed concern that the recommendations by COM were not conservative enough in light of global warming and rising tides. Mr. Johnson stated that there were three options; one was to raise the entire elevation of Miami Beach; two, "give back" the city. from part of the city, more specifically, everything west of Washington Ave be "given back"; or three find the appropriate level of solutions and implement . more definitive information regarding sea level rise becomes available. Mr. went on to say that COM's solutions have been recommended in such a for the City to make the appropriate level of capital investment over of time based on the life span of the particular components. n Weithorn opened the floor to public comment rising sea levels and whether the proposed minimum Committee recommended that the item be brought Citywide Projects Committee meeting an.ft;;ti:Jat a lie Works Director and the public to discu ·····~ ·. ·. 't!\Qical issues · r Plan. ACTION ~.,;~~ .:~:-:~~!~~~~ the item be moved and brought to subject to Mr. Beckmann meeting CilntBb~;sit)nE'r Exposito to further refine the Chairnlllrr~~;,n ... .,"•<li\OI:;s~o• at Public Works Director Fred Beckmann meet of th uage in the Request for Proposal (RFP). inn·l:!f~~;.,, .• ,...,.,"' t:XI::>Ol:N:te also asked that Mr. Beckmann meet with him to discuss with Comm the RFP. Di;:,vu1::.J::>tu moved and Beckmann mAATir,n· ... ; refine the Request for Committee recommended that in concept the item be ""'"''"'rnn1=>r 12, 2012 Commission Meeting subject to Mr. rnc.r~r•n Weithorn and Commissioner Exposito to further 4. Discussion regarding development of criteria and procedures for use of the Commission Chamber ACTION Item Deferred 160 5. Discussion regarding the appropriateness of granting a perpetual sub- surface easement to Collins 3300, LLC and 3420 Collins Avenue, LLC, for a proposed sub-surface parking garage ACTION The Committee recommended using fee simple methodology for valuation of the easements with flexibility to have discounts when appropriate based on the recommendations from the City Appraiser. Assistant City Manager Jorge Gomez presented the item. At the June 6, 2012 meeting, the City Commission refe perpetual easement underneath 34th Street to Committee (LUDC) and the Finance and Citywide discussion. On a similar track, a proposed n""'"r"' Ocean Court was referred to the LUDC. policy direction should be provided on easements to use the air rights over and proposal for a subsurface Use and Development Committee (FCWPC) for for an aerial bridge across inistration believes that by both requested .nrtA'Ift:'r~·th public property. regarding the or easement ity. The and sending issue of then discussed thresholds ld probably have a public ittee voted 3-0 in favor of appra the proposed easements the City on July 6, 2012. Lee Waronker of Miami handles requests for public r.nc,rnr.n but suggested that a fee simple City of Miami Beach would hold an heig . 'the air rights. Mr. Waronker then stated concerned with the cost of buying the rights back, ore than the cost they were sold for. He also has it as estimating the value of fee simple interest, temporary construction easement and that, would be the compens Chairperson Deede Weithorn stated that the City's valuation techn some differences based on criteria, such as air rights over an alley ve over a thoroughfare. Chairperson Weithorn then asked when an appraisal is done using fee simple methodology if the use of the area mattered. Mr. Waronker stated that it did matter and added that since the City is the property owner, it should set the value of the property and not use a formula to determine it. Commissioner Michael Gongora asked what would happen if the current owner transferred the property to a new owner. Public Works Director Fred Beckmann stated that it would depend on how the easement is drafted and in most instances it is transferrable. Chairperson Weithorn opened the floor to public comment. Michael Zurh, representing Ari Pearl, stated he was in favor of using the fee simple methodology. Neisen Kasdin, representing the FAENA group, stated that he would expect that a discount would be applied to the valuation based upon the restricted area and restricted use. Conversation ensued. Keith Kulynych of Revuelta Architecture International presented an overview of the Saxony project. Resident Frank Del Vecchio asked if accommodations or a provision be made for extraordinary conditions, in terms of the 161 rising sea level and the citywide Stormwater Master Plan, for the City that would ensure that the public interest would be served. Mr. Kasdin stated that the engineers would look at the range of possibilities and possible needs of the City and account for them by giving appropriate rights to the City. The Committee recommended using fee simple methodology for valuation of the easements with flexibility to have discounts when appropriate based on the recommendations from the City Appraiser. 6. Discussion regarding CDBG funding for fixing storefront ACTION The Committee recommended that a start acceptance of applications be established. Economic Development Division Director Kevin :'~~ ~ 31, 2012 for the lli:l>:l•l\ii'J)I!~.wrovides funding in the ~T<:>rru"'T area of Collins able to apply for re exhausted, nants within are for proi~~m management. The Administration has uire about their interest in managing this program on a positive response, likely due to the low funding that may be involved. Therefore, the Admi an in-house process for management of the Fa<;ade Improvement determine whether or not to hire a qualified independent contractor as tasks that City staff is unable to perform, if any. A Memorandum ng (MOU) is being developed between Economic Development, Plann Real Estate, Housing, and Community Development (REHCD), which is similar to what REHCD, has done with Community Services and with Code Enforcement in the past, which clearly establishes the parameters of the program and how it will be managed. Staff from Economic Development and Planning will work closely with the applicant through the entire project, and will engage a qualified independent contractor with experience in federal funding project management for assistance with the program if necessary, depending on the workload. During the week of June 25, 2012, Economic Development and Planning staff visited each business in the target area with an announcement of the program, as well as a preliminary application, and explained the program to each business owner or scheduled a follow-up visit to do so. Additionally, staff reached out to each property owner either through telephone or mail to inform them of the program. 162 Commissioner Michael Gongora asked who would decide whether or not a business receives funding. Mr. Crowder stated that funding would be awarded on a first come first serve basis, funds would run through September 30, 2013 and that a deadline of December 31, 2012 was established for applications. Mr. Crowder added that three property owners are interested and six storefronts are interested, and that he feels that there will be more than enough interest in the program to exhaust the funds. Commissioner Gongora was concerned about the fairness of the funds being awarded on a first come first serve basis. Chairperson Deede Weithorn suggested that a date be established for the acceptance of applications and that funds then be awarded on a first come first serve basis. The Committee recommended that a start date of August 31, 2012 for the acceptance of applications be established. 7. Discussion regarding advertising on Deco ACTION /~~~~;;, -~~~~~s;~:~~~- The Committee recommended moving fo1!W8lrd with optiori~l d bringing the item :h:fe;:::~a~:~:::~tricia Walker , ,~,~ The request by Deco Bike to al ·· the April 19, 2012 Finance presented Option J, which .... """"'"" a modest profit to DecoBike Committee asked to $6 per hour; normal, and Department long term fiscal s nance discussed at the June 6, 2012 City Comm Finance discuss add on requested that the item be brought back to Prr.t~'t:;·t~ Committee Meeting being held on June 28, 2012 to Ms. Walker at the the Commission presented Options K, L, and M to the Finance and mittee, where Option K reflects going to the $6 Hour rate, Option L eliminates ki advertising and Option M eliminates the City Revenue Share and kiosk advertising. Chairperson Deede Weithorn stated that the DecoBike Bike Share Program was being implemented in other cities and asked what the rates would be in those cities. Mr. Bonifacio Diaz, Chief Operating Officer DecoBike, LLC., stated that the rates would be the same as the rates in Miami Beach. Chairperson Weithorn was concerned that if the rates in Miami Beach were higher that bikes would be rented in the surrounding cities rather than in Miami Beach. Commissioner Jorge Exposito asked if the other cities were allowing advertising. Mr. Diaz stated that advertising has been allowed. The Committee recommended moving forward with option J which was presented at the FCWP on April 19, 2012 meeting and bringing the item to the full Commission. 163 THIS PAGE INTENTIONALLY LEFT BLANK 164 C7 RESOLUTIONS 165 COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing the City Manager to apply for and accept the following three (3) grants. Ke Intended Outcomes Su orted: 1) Reduce the number of homeless; 2) Promote and celebrate our City's diversity; 3) Maximize efficient delive of services; Supporting Data -2009 Community Survey: 1) "The City's efforts to address homelessness" was a key driver for resident respondent in how they view the city as a place to live, view city government on meeting expectations and if they would or would not recommend the city as a place to live; "A lot of homeless" was rated amongst the top five things that have a negative impact on the quality of life; 2) N/A; and 3) The Fire Department has experienced a 9% increase in the number of pre-hospital care calls for service from 14,796 in 2000 to 16,153 in 2010. Issue: Shall the City support the following funding requests and execute the related agreements? Item Summary/Recommendation: Approval is requested to submit the following applications: 1) Miami-Dade County Homeless Trust for Primary Care Housing and Services funds in the approximate amount of $75,000 for the City's Homeless Outreach Program; 2) Miami-Dade County ADA Parking Fines Program for funding in the approximate amount of $100,000 for the City's Eligible ADA Projects; 3) Assistance To Firefighters Grant Program for funding in the approximate amount of $45,000 for equipment for Fire Department Operations. Financial Information: Source # Grant Name/Project Approx Approximate of funds Grant Match Amount/Source ~ Amount 1 Miami-Dade County Homeless $75,000 N/A Trust/Primary Care Housing 2 Miami-Dade County ADA $90,000 N/A Parking Fines/ADA projects 3 Assistance to Firefighters Grant $45,000 $11,000/ Fire Department Program/Equipment proposed FY 2012/13 o_Q_erating_ budget Financial Impact Summary: N/A Cit Clerk's Office Le islative Trackin : Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement Si n-Offs: Department Director Assistant City Manager MIAMI BEACH 167 AGENDA ITEM _e_~~V/-__ DATE 7-/f-/2... ~ MIAMI BEACH ...... City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the ?i~Tmission Kathie G. Brooks, Interim City Manager /_,/L. /j-. July 18, 2012 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO SUBMIT APPLICATIONS TO: 1) MIAMI- DADE COUNTY HOMELESS TRUST FOR PRIMARY CARE HOUSING AND SERVICES FUNDS IN THE APPROXIMATE AMOUNT OF $75,000 FOR THE CITY'S HOMELESS OUTREACH PROGRAM; 2) MIAMI-DADE COUNTY ADA PARKING FINES PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $90,000 FOR THE CITY'S ELIGIBLE ADA PROJECTS; 3) ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $45,000 FOR EQUIPMENT FOR FIRE DEPARTMENT OPERATIONS; 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 a grant application to Miami-Dade County Homeless Trust for Primary Care Housing and Services funds in the approximate amount of $75,000 for the City's Homeless Outreach Program. The Miami-Dade County Homeless Trust was created by the Miami-Dade Board of County Commissioners to, among other things, oversee the use ofthe Food and Beverage Tax and other funds and in this regard to establish and implement policies based on the Miami-Dade County Community Homeless Plan (the Plan). The Plan is a comprehensive continuum of care system to serve homeless persons in Miami-Dade County. Funding is available for programs in the Hotel Placement category. Funds are available for short term hotel placement for homeless families and individuals who cannot be placed in emergency shelter due to capacity issues. The City has previously received these funds through the Homeless Trust's Hotel/Motel grant. This program also provides funding for food vouchers for families while residing in placements if food arrangements or other resources are unavailable. The City is applying for funding in the approximate amount of $75,000. Matching funds are not required. This project supports the key intended outcome: reduce the number of homeless. 168 Commission Memorandum Page2 2. Approval to participate in Miami-Dade County's Parking Fines Reimbursement Program for funding in the amount of $90,000 for eligible American with Disabilities Act (ADA) projects Each year the City participates in Miami-Dade County's Parking Fines Reimbursement Program. The Program is based on Section 316.008, Florida Statutes, and Section 30-447 of the Code of Miami-Dade County, which authorizes the charging of fines for misuse of specially marked parking spaces for people with disabilities. On June 25, 2008, the City of Miami Beach entered into a new lnterlocal Agreement with Miami-Dade County for the distribution of these funds. The agreement requires that the City annually submit an affidavit sworn by the chief administrative officer that expenditures will meet the program criteria. The funds will be used by the City to improve accessibility and equal opportunity to qualified disabled persons. As in previous years, the City's priority will be to address issues in the 1998 ADA Settlement Agreement. Matching funds are not required. This project supports the key intended outcomes: promote and celebrate our city's diversity. 3. Approval to submit an application to the Assistance to Firefighters grant program in the approximate amount of $45,000 for the City's fire-related needs The primary goal of the Assistance to Firefighters Grant (AFG) is to meet the firefighting and emergency response needs of fire departments and nonaffiliated emergency medical service organizations. Since 2001, AFG has helped firefighters and other first responders to obtain critically needed equipment, protective gear, emergency vehicles, training and other resources needed to protect the public and emergency personnel from fire and related hazards. The AFG funding priorities for Fire Departments are: a) Fire Operations and Firefighter Safety (includes firefighter training, firefighting equipment acquisitions, firefighter personal protective equipment, firefighterwellness and fitness, and modifications to fire stations and facilities); and b) Firefighting vehicle acquisition. This program does not provide funding for salaries. The City intends to apply to the AFG program for funding for Automated External Defibrillators (AEDs) and a Rapid Diver System. The AEDs cost approximately $38,000 and will be placed at locations citywide; and, the Diver System will cost approximately $18,000. The total project cost is approximately $56,000. The City is required to provide a non-federal match of 20 percent of the total project cost. The City will apply for funding in the approximate amount of $45,000; the source of matching funds in the amount of $11,000 is the Fire Department's proposed FY 2012/13 operating budget. This project supports the key intended outcome: maximize efficient delivery of services. 169 Commission Memorandum Page3 CONCLUSION The Administration requests retroactive approval to authorize the City Manager or her designee to submit the following grant applications: 1) Miami-Dade County Homeless Trust for Primary Care Housing and Services funds in the approximate amount of $75,000 for the City's Homeless Outreach Program; 2) Miami-Dade County ADA Parking Fines Program for funding in the approximate amount of $90,000 for the City's Eligible ADA projects; 3) Assistance To Firefighters Grant Program forfunding in the approximate amountof$45,000 for equipment for Fire Department Operations; appropriating the above grants, and matching funds as necessary, if approved and accepted by the City and authorizing the execution of all necessary documents related to these applications. KGB/JMH T:\AGENDA\2012\7-18-12\Grants Memo.doc 170 RESOLUTION NO.---- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO SUBMIT APPLICATIONS TO: 1) MIAMI-DADE COUNTY HOMELESS TRUST FOR PRIMARY CARE HOUSING AND SERVICES FUNDS IN THE APPROXIMATE AMOUNT OF $75,000 FOR THE CITY'S HOMELESS OUTREACH PROGRAM; 2) MIAMI-DADE COUNTY ADA PARKING FINES PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $90,000 FOR THE CITY'S ELIGIBLE ADA PROJECTS; 3) ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $45,000 FOR EQUIPMENT FOR FIRE DEPARTMENT OPERATIONS; 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 WHEREAS, the Miami-Dade County Homeless Trust was created by the Miami- Dade Board of County Commissioners to, among other things, oversee the use of the Food and Beverage Tax and other funds and in this regard to establish and implement policies based on the Miami-Dade County Community Homeless Plan; and WHEREAS, funds are available for short term hotel placement for homeless families and individuals who cannot be placed in Emergency Shelter due to capacity issues; and WHEREAS, the City has previously received these funds through the Homeless Trust's Hotel/Motel grant and this program also provides funding for food vouchers for families while residing in placements if food arrangements or other resources are unavailable; and WHEREAS, the City is applying for funding in the approximate amount of $75,000 for this program; and WHEREAS, matching funds are not required for this grant and this project supports the key intended outcome: reduce the number of homeless; and WHEREAS, approval is therefore requested to submit a grant application to Miami-Dade County Homeless Trust for Primary Care Housing and Services funds in the approximate amount of $75,000 for the City's Homeless Outreach Program; and WHEREAS, each year the City participates in Miami-Dade County's Parking Fines Reimbursement Program, and the Program is based on Section 316.008, Florida Statutes, and Section 30-447 of the Code of Miami-Dade County, which authorizes the charging of fines for misuse of specially marked parking spaces for people with disabilities; and 171 WHEREAS, on June 25, 2008, the City of Miami Beach entered into a new lnterlocal Agreement with Miami-Dade County for the distribution of these funds and the agreement requires that the City annually submit an affidavit sworn by the chief administrative officer that expenditures will meet the program criteria; and WHEREAS, the funds will be used by the City to improve accessibility and equal opportunity to qualified disabled persons, and as in previous years, the City's priority will be to address issues in the 1998 ADA Settlement Agreement; and WHEREAS, matching funds are not required for this grant, and this project supports the key intended outcomes: promote and celebrate our city's diversity; and WHEREAS, approval is requested to participate in Miami-Dade County's Parking Fines Reimbursement Program for funding in the approximate amount of $90,000 for eligible American with Disabilities Act (ADA) projects; and WHEREAS, the primary goal of the Assistance to Firefighters Grant (AFG) is to meet the firefighting and emergency response needs of fire departments and nonaffiliated emergency medical service organizations; and WHEREAS, the AFG funding priorities for Fire Departments are: a) Fire Operations and Firefighter Safety (includes firefighter training, firefighting equipment acquisitions, firefighter personal protective equipment, firefighter wellness and fitness, and modifications to fire stations and facilities); and b) Firefighting vehicle acquisition and this program does not provide funding for salaries; and WHEREAS, the City intends to apply to the AFG program for funding for Automated External Defibrillators (AEDs) and a Rapid Diver System and the total project cost is approximately $56,000; and WHEREAS, the City is required to provide a non-Federal match of 20 percent of the total project cost and the city will apply for funding in the approximate amount of $45,000; and the source for matching funds in the amount of $11,000 is the Fire Department's proposed FY 2012/13 operating budget; and WHEREAS, this project supports the key intended outcome: maximize efficient delivery of services; and WHEREAS, approval is requested to submit an application to the Assistance to Firefighters grant program in the approximate amount of $45,000 for the City's fire- related needs. 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: The Administration requests retroactive approval to authorize the City Manager or his designee to submit the following grant applications: 1) ) Miami-Dade County Homeless Trust for Primary Care Housing and Services funds in the approximate amount of $75,000 for the City's Homeless Outreach Program; 2) Miami-Dade County ADA Parking Fines Program for funding in the approximate amount of $90,000 for the City's Eligible ADA projects; 3) Assistance To Firefighters Grant Program for funding in the approximate amount of 172 $45,000 for equipment for Fire Department Operations; appropriating the above grants, and matching funds as necessary, 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 KGB/JMH T:\AGENDA\2012\7-18-12\Grants Memo.doc 173 MAYOR APPROVED AS TO FORM & LANGUAGE &FO CUTION 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, 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 Three Top-Ranked Proposers: Atkins North America, Inc., F.R. Aleman & Associates, Inc., and Miller Legg; and Should the Administration not Be Able to Succesfully Negotiate an Agreement with Any of the Three Top-Ranked Firms, Authorizing the Administrationto Negotiate with the Fourth and Fifth-Ranked Firms, Woolpert, Inc. and Manuel G. Vera & Associates, Inc. as Needed Respectively; 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. 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. BidNet issued bid notices to 91 prospective proposers resulting 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. The Committee unanimously recommended 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. After considering the review and recommendation of City staff, the City Manager exercised her due diligence and is recommending that the Mayor and the City Commission authorize negotiations with the top three (3) ranked firms: Atkins North America, Inc., F.R. Aleman & Associates, Inc., and Miller Legg. Based on the number of projects performed under the previous contract (RFQ 03-06/07), there is insufficient evidence to support the need for five firms under contract. Should negotiations with any of the top three ranked firms be unsuccessful, the City may negotiate with the fourth and fifth-ranked firms as needed respectively. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Funds: 1 N/A OBPI Total Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Raul Aguila Sign-Offs: u '\ :Department Director I Assistant City Manager I Chi~V'""'-"'ial Officer I Ci!Y Mana~j FB I JGG POW ·vv T:\AGENDA\2012\7-18-12\RFQ 24-11-12-Surveying Services-Summary.doc 175 I KGB :1.1!!17 '/ AGENDA ITEM ___,e!-,..--7='8--.,..-- DATE 7-/3-/2_ ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager /A~ , July 18, 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 THREE TOP-RANKED PROPOSERS: ATKINS NORTH AMERICA, INC., F.R. ALEMAN & ASSOCIATES, INC., AND MILLER LEGG; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO SUCCESSFULLY NEGOTIATE AN AGREEMENT WITH ANY OF THE THREE TOP-RANKED FIRMS, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE FOURTH AND FIFTH- RANKED FIRMS, WOOLPERT, INC. AND MANUEL G. VERA & ASSOCIATES, INC. AS NEEDED RESPECTIVELY; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS 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, apd 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. 176 Commission Memorandum-RFQ # 24-11-12 for Surveying, Topographical, & Mapping Services July 18, 2012 Page2 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. 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 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. 177 Commission Memorandum-RFQ # 24-11-12 for Surveying, Topographical, & Mapping Services July 18, 2012 Page3 BidNet issued bid notices to 91 prospective proposers which resulted in the receipt of the following sixteen (16) proposals: • 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. 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 DorrestYT'! 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. 178 Commission Memorandum-RFQ # 24-11-12 for Surveying, Topographical, & Mapping Services July 18, 2012 Page4 'iio1al Jl>;omts 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 (5) ranked firms. The following table provides the scoring and ranking results: RFQ 24-11/12 Final Ranking Scorin_gl Abbas Dorrestyn Kraai Perez Phang Total F.R. Aleman & Associates, Inc. 2 (78) 1 (78) 4 (57) 1 (81) 2 (90) 10 Miller Legg 4 (76) 13 (55) 1 (79) 4 (75) 1 (90) 23 Atkins North America, Inc. 3_(_7~ 6 _(_65) 6 (54) 3 (76) 5 (81) 23 Woolpert, Inc. 6 (70) 2 (73) 2 (73) 6 (71) 9 (76) 25 Manuel G. Vera & Associates, Inc. 1 (85) 4 (72) 8 (54) 2 (78) 11 (74) 26 HADONNE Corp. 5 (74) 9 (67) 3 (60) 10 (69) 3 (83) 30 Keith & Schnars, P.A. 7 (69) 3 (73) 10 (53) 9 (69) 7 (76) 36 179 Commission Memorandum-RFQ # 24-11-12 for Surveying, Topographical, & Mapping Services July 18, 2012 PageS Robayna & Associates, Inc. 12 (64) 10 (62) 7 (54) 8 (69) 4 (82) J. Bonfill & Associates, Inc. 14 (56) 7 (65) 9 (53) 7 (69) 6 (80) Triangle Surveying & Mapping, Inc. 11 (65) 11 (63) 5 (55) 11 (69) 8 (76) Calvin, Giordano & Associates, Inc. 9 (68) 8 (63) 12 (45) 5 (74) 15 (70) Consul-Tech Enterprises, Inc. 8(681 5(71} 15{_5j 15 (_54}_ 13 (711_ Avirom & Associates, Inc. 13 (59) 12 (61) 11 (49) 12 (64) 10 (75) F.R.S. & Associates, Inc. 10 (65) 15 (45) 13 (39) 14 (61) 14 (70) Pillar Consultants, Inc. 15 (33) 14 (50) 14 (34) 13 (61) 12 (73) 41 43 46 49 56 58 66 68 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 (5) 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. Previous projects include: o City of Doral Intersection Stormwater Improvements Survey, Design, and Construction Phase Services -City of Doral o Coral Gables Campus Cadastre Mapping for the University of Miami - University of Miami o District-wide Survey and Right-of-Way Mapping Services in Miami-Dade and Monroe Counties -FOOT District Six o Florida Key Overseas Heritage Trail -Florida Department of Environmental Protection o Hard Rock Cafe -Perini/Suitt, a Joint Venture o Miami lntermodal Center-Earth Tech AECOM o Miami-Dade County Wolfson Campus Building -Miami-Dade College o Northside Station Survey -The Cornerstone Group o Virginia Key and Miami Harbor Mapping Program -City of Miami o William E. Lehman Center.-Miami-Dade County • 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. Previous projects include: o Biscayne Pointe Right of Way Improvement Project-EAC Consulting, Inc. 180 Commission Memorandum-RFQ # 24-11-12 for Surveying, Topographical, & Mapping Services July 18, 2012 Page 6 o Design Survey SR 7 (NW 2nd Avenue) from NW 176th Street to NW 215th Street-A.D.A. Engineering, Inc. o Design Survey for SR 968 (SW. 1st Street) from SW 17th Avenue to SW. 24th Avenue-Civil Works, Inc. o District-wide Utility Location Services-FOOT District Four o Eller Drive SR595/SR5 (US-1) Surveying & Mapping-TYLIN International o Survey/SUE Services 1-595-Greenhorne & O'Mara, Inc. o Surveying of OMNI Area in Downtown Miami -EAC Consulting o Tree Island Park -DERM • 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. Other projects include: o City of Miami Lummus Park-MC Harry Associates, Inc. o Watson Island -City of Miami o Miami Art Museum -Paratus Group o Miami Science Museum -Oppenheim Lewis o Miami-Dade Government Cut Microtunnel Construction Management -PB Americas o Statewide Surveying and Mapping Services Escambia, Monroe, Okaloosa, Osceola, Pinellas, Santa Rosa, and Walton counties, FL -Florida Department of Environmental Protection Division of State Lands o West Lake Park II -Environmental Services -Broward County Parks and Recreation Division MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exercised her due diligence and is recommending that the Mayor and the City Commission authorize negotiations with the three (3) top-ranked firms: Atkins North America, Inc., F.R. Aleman & Associates, Inc., and Miller Legg. Based on the number of projects provided purchase orders under the previous contract (RFQ 03-06/07), there is insufficient evidence, as demonstrated below, to support the need for five firms under contract. Should negotiations with any of the top three ranked firms be unsuccessful, the City may negotiate with the fourth and fifth-ranked firms as needed respectively. RFQ 03-06/07 -Surveying, Topographical, and Mapping Projects* ConsuiTech Surveying and Mapping, Inc. Normandy Isle Park & Pool F R Aleman & Associates Electromagnetic/GPR Survey Services North Shore Open Space Park Dog Park Fisher Park New Tot Lot Polo Park 181 Project Cost Purchase Order# $7,000.00 $4,200.00 $6,181.33 $5,229.64 $7,003.02 009840 007760 015722 015919 015920 Commission Memorandum-RFQ # 24-11-12 for Surveying, Topographical, & Mapping Services July 18, 2012 Page 7 South Pointe Park Playground Collins Court from 7th to 8th Street J Bonfill & Associates North Shore Bandshell Park Project Miller Legg $12,104.66 $4,995.00 $16,278.00 015921 016628 007952/009397 5th Street to South Pointe Drive $19,175.00 015910/018888 *No projects were assigned to JBM Data System, LLC 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 three ranked firms Atkins North America, Inc., F.R. Aleman & Associates, Inc., and Miller Legg; and should the Administration not be able to successfully negotiate an agreement with any of the three top-ranked firms, authorizing the Administration to negotiate with the fourth and fifth-ranked firms, Woolpert, Inc. and Manuel G. Vera & Associates, Inc. as needed respectively; and further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the administration. KGB/DB/FHB/MR/ME T:\AGENDA\2012\6-6-12\RFQ 24-11-12-Surveying Services-Memo.doc 182 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 THREE TOP-RANKED PROPOSERS: ATKINS NORTH AMERICA, INC., F.R. ALEMAN & ASSOCIATES, INC., AND MILLER LEGG; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO SUCCESSFULLY NEGOTIATE AN AGREEMENT WITH ANY OF THE THREE TOP- RANKED FIRMS, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE FOURTH AND FIFTH-RANKED FIRMS, WOOLPERT, INC. AND MANUEL G. VERA & ASSOCIATES, INC. AS NEEDED RESPECTIVELY; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS 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 Miami 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 183 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. 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, after considering the review and recommendation of City staff, the City Manager exercised her due diligence and is recommending that the Mayor and the City Commission authorize negotiations with the top three (3) ranked firms: Atkins North America, Inc., F.R. Aleman & Associates, Inc., and Miller Legg, based on the number of projects performed under the previous contract (RFQ 03-06/07), there is insufficient evidence to support the need for five firms under contract; and WHEREAS, should negotiations with any of the top three ranked firms be unsuccessful, the City may negotiate with the fourth and fifth-ranked firms as needed respectively. 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 184 COMMISSION ITEM SUMMARY Condensed Title: I Appointment of Enrique Zamora, Esq., as Chief Special Master. Key Intended Outcome Supported: Increase resident satisfaction with level of code enforcement. Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Community Satisfaction Survey, 61% of residents thought the City's code enforcement efforts were about right, while 21% felt the City did not do enough to enforce codes. Issue: Shall Enrique Zamora, Esq. be appointed to serve as Chief Special Master for a term commencing on Se tember 15, 2012, and endin on March 14, 2013? Item Summary/Recommendation: On the determination of City Attorney Jose Smith that Enrique Zamora possesses the knowledge, skills and attributes to perform as Chief Special Masters, and my concurrence with such determination, I am recommending Enrique Zamora, Esq. as Chief Special Master. Attached are two Resolutions providing for the appointment by the City Commission of Mr. Zamora as Chief Special Master. The first Resolution appoints Mr. Zamora as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the second Resolution appoints Mr. Zamora to hear appeals from citations and violations or denials, suspensions, and revocations of certificates of use pursuant to Chapter 102 of the Miami Beach City Code. Mr. Zamora has a Juris Doctor Degree from the University of Miami School of Law (1985); a Master of Business Administration ( 1975) and a Master of Science Management in Accounting and Taxation (1981) from Florida International University; and a Bachelor of Science in Electrical Engineering (1971) from the University of Florida. Mr. Zamora is a partner with the law firm of Zamora & Hillman. Mr. Zamora's practice includes the areas of probate administration, probate litigation, guardianship, estate planning and elder law. He is a certified civil mediator. Mr. Zamora is an adjunct professor at St. Thomas University School of Law where he teaches Elder Law. He is the past chair of the Probate and Guardianship Committee of the Dade County Bar Association, where he also served as vice-chair and secretary. Mr. Zamora was the recipient of the 2000 Put Something Back Pro Bono Award presented by the Dade County Bar Association, and he received the Leo Plotkin Outstanding Legal Service Award in 1999 from the Association for Retarded Citizens, South Florida. Mr. Zamora was first appointed as a Special Master for the City of Miami Beach in October 2001. The Administration recommends approving the Resolutions. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Funds: 1 $250.00/hour I Maximum of JP· $1 ,250 per hearing. Estimated for remainder of FY 11/12-$5,000. ~ The funding for FY 12/13 will be requested during the FY 12/13 Budget Process. OBPI Total $5,000 Financial Impact Summary: Clerk's Office Le islative Trackin MIAMI BEACH 185 Account Approved 011-0210-000312 011-0210-000312 City Manager Kathie G. Brooks AGENDA ITEM _C._7_L __ DATE 7--/f-/2.. ce 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, Kathie G. Brooks, Interim City Manag /~#- Jose Smith, City Att ~ DATE: July18,2012 SUBJECT: APPOINTMENT OF CHIEF SPECIAL MASTER 1. A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY OF MIAMI BEACH, CONCERNING THE APPOINTMENT OF ENRIQUE ZAMORA, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON SEPTEMBER 15, 2012, AND ENDING ON MARCH 14, 2013; PROVIDED FURTHER THAT CHIEF SPECIAL MASTER ZAMORA SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY AND COUNTY CODES AND ORDINANCES, AND SHALL ALSO BE AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS; AND FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT LIMITATION, SECTIONS 30-37 AND 30-38 THEREOF, CONCERNING THE COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER. 2. A RESOLUTION APPROVING AND APPOINTING, PURSUANT TO SECTION 102-356 OF THE CITY CODE, ENRIQUE ZAMORA, ESQ. (CHIEF SPECIAL MASTER APPOINTED PURSUANT TO RESOLUTION NO. ), AS THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102-356 OF THE CITY CODE; SAID DESIGNATION COMMENCING WITH ZAMORA'S TERM AS CHIEF SPECIAL MASTER ON SEPTEMBER 15, 2012, AND ENDING ON MARCH 14, 2013. ADMINISTRATION RECOMMENDATION Adopt the Resolutions. ANALYSIS On the determination of City Attorney Jose Smith that Enrique Zamora possesses the knowledge, skills and attributes to perform as Chief Special Masters, and my concurrence with such determination, I am recommending Enrique Zamora, Esq. as Chief Special Master. 186 Attached are two Resolutions providing for the appointment by the City Commission of Mr. Zamora. The first Resolution appoints Mr. Zamora as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the second Resolution appoints Mr. Zamora to hear appeals from citations and violations or denials, suspensions, and revocations of certificates of use pursuant to Chapter 102 of the Miami Beach City Code. Language has been added to the Resolutions prohibiting the Chief Special Master and each Special Master from engaging in practice where he/she represents a client in a manner adverse to the interests of the City of Miami Beach, and from lobbying the City during his/her service with the City. Mr. Zamora is a partner with the law firm of Zamora & Hillman. Mr. Zamora's practice includes the areas of probate administration, probate litigation, guardianship, estate planning and elder law. He is also a certified civil mediator. He is the chair of the Guardianship Committee of the Elder Law Section of the Florida Bar and member of the Guardianship Task Force where he represents the Elder Law Section. Mr. Zamora is an adjunct professor at St. Thomas University School of Law where he teaches Elder Law. He is the past chair of the Probate and Guardianship Committee of the Dade County Bar Association, where he also served as vice- chair and secretary. Mr. Zamora has served as general counsel, director and president of the South Florida Guardianship Association. Mr. Zamora has acted as General Master, Guardian Advocate, and Special Public Defender in Baker Act proceedings for the last six years. Mr. Zamora was the recipient of the 2000 Put Something Back Pro Bono Award presented by the Dade County Bar Association, and he received the Leo Plotkin Outstanding Legal Service Award in 1999 from the Association for Retarded Citizens, South Florida. Mr. Zamora was first appointed as a Special Master for the City of Miami Beach in October 2001. Mr. Zamora has a Juris Doctor Degree from the University of Miami School of Law (1985); a Master of Business Administration (1975) and a Master of Science Management in Accounting and Taxation (1981) from Florida International University; and a Bachelor of Science in Electrical Engineering (1971) from the University of Florida. A copy of Mr. Zamora's resume is attached for your review. Mr. Zamora has the knowledge, demeanor, skills and abilities, to perform as Chief Special Master. He will serve this City with honor and distinction, and his appointment will best serve the interests of the City. As such, the subject Resolutions should be adopted. KGB/REG/reg T:\AGENDA\2012\7-18-12\CHIEF SPECIAL MASTER MEMO vers 3.doc 187 Enrique Zamora, Esq. Founding Partner Martindale-Hubbell AV rated Phone: (305) 285-0285 Fax: (305) 285-3285 E-Mail: ezamor~t!J.flW..:n~ Area of Concentration: Probate & Guardianship administration, litigation and mediation, Elder Law, Trust Administration, Estate Planning, and related litigation Education: University of Miami -School of Law Coral Gables, Florida Juris Doctor Degree, 1985, Cum Laude Florida International University Miami, Florida Master of Business Administration, 1975 Master of Science in Management, (Accounting & Taxation), 1981 University of Florida Gainesville, Florida Bachelor of Science in Electrical Engineering, 1971 Professional Memberships: The Florida Bar Chair of the Elder Law Section of the Florida Bar Member of NAELA (National Academy of Elder Law Attorneys) Member of AFELA (Academy of Florida Elder Law Attorneys) Dade County Bar Association 188 Cuban American Bar Association Florida State Guardianship Association-Former member of the Board of Directors South Florida Guardianship Association -Former President Legal Activities: Special Master for the City of Miami Beach Court Appointed Attorney-Ad-Litem for Cuban National Heirs, 11th Judicial Circuit of the State of Florida, Dade County -Probate Division Special Magistrate over Baker Act proceedings & Marchman Act proceedings Member and Former Chair of Probate & Guardianship Committee of the Dade County Bar Association Former Chair of the Grievance Committee 11 th "D" of the Florida Bar Areas of Specialty: Certified Civil Mediator Teaching Activities: St. Thomas School of Law -2004 to date Adjunct Professor of Elder Law Miami-Dade Comm. College-Professional Guardianship Prgm-1998 to date Lead Instructor & Planning Committee Chair of the 44- Hour course for Professional Guardians University of Miami-Koubek Center-September 1989 to 1998 189 School of Continuing Studies Adjunct Professor of Business Law Florida National College -July 1986 to 1996 Professor of Paralegal Program Responsible for teaching: Trusts & Wills, Business Law, Real Estate and Introduction to the American Legal System. Published Works: The Elder Law Advocate - "The right to bear arms as a removable right in incapacity proceedings" Vol. XIX, No. 1, Spring 2011. Download article herE! The Elder Law Advocate - "The issue of standing in guardianship litigation" Vo. XVIII, No.3, Fall2010. Download article here The Elder Law Advocate - "The use of the Baker Act and its alternatives" Volume XVII, No. 3, Fall 2009 The Elder Law Advocate - 'Wards and support for their dependents" Volume XVII, No. 1, Spring 2009. Download article here The Elder Law Advocate - "Dealing with foreign wards and their investments" Volume XVI -Volume Two-Winter 2008. Download article here The Elder Law Advocate - "Examining Committee Training & Update"-Winter 2007 Florida Journal of International Law, University of Florida Levin College of Law-"Obstacles Encountered Representing the Interests of Cuban Nations in the American Courts" by Jose I. Valdes, Esq. and Enrique Zamora, Esq. -Spring 2003 Volume XV Number 3. Download article here Honors and Awards: Pro Bono Award from the Dade County Bar Association and the 11th Judicial Circuit 2008 For Guardianship services rendered. 190 Certificate of Appreciation from The Florida State Guardianship Association (2003) For services rendered to the F.S.G.A. Board of Directors. Dade County Bar Association Award {2001-2002) For exceptional service as CHAIR of the Probate & Guardianship Committee. Dade County Bar Association Award {2000-2001) For exceptional service as CHAIR of the Probate & Guardianship Committee. State of Florida Award {2000) For exceptional service as CHAIRMAN of the Probate & Guardianship Committee of the Dade County Bar Association. Dade County Bar Association Award (1999-2000) For exceptional service as CHAIR of the Probate & Guardianship Committee. Outstanding Legal Service Award from the Association for Retarded Citizens, South Florida (1999) For his efforts on behalf of persons with Mental Retardation and other Developmental Disabilities. Seminars I Presentations: Florida State Guardianship Association-24th Annual Conference: Solving the Mysteries of Guardianship- Speaker Offered by the Florida State Guardianship Association- July 2011 Trust Fiduciary Training -Speaker Offered by Morgan Keegan University-April 5, 2011 PROBATE: A View From the Bench And Bar-Speaker Offered by the DCBA Probate & Guardianship Committee -March 11, 2011 Elder Law Certification Exam Review Course -Event Chair Offered by the Florida Bar-January 2011 Elder Law Section Annual Retreat-Program Co-Chair Offered by the Florida Bar-October 2010 191 2010 Florida State Guardianship Annual Conference Elder Law Certification Exam Review Course-Speaker Offered by the Florida Bar-January 2010 Guardianship Team 2009-Speaker Offered by the Florida Legal Education Association- February 2009 ABC's and XYZ's of Guardianship-Speaker Offered by the Florida Bar-November 2008 Florida State Guardianship Association-21st Annual Conference: So your Ward is Suing or Worse Being Sued-What to Know-Speaker Offered by the Florida State Guardianship Association- August 2008 Fundamentals of Elder Law II-Speaker Offered by the Florida Bar-April 10, 2008 Dealing with foreign wards and their investments- Speaker Offered by the Dade County Bar Association-February 2008 Florida State Guardianship Association-Annual Meeting-Speaker Offered by the Florida State Guardianship Association- August 2007 Guardianship Team 2007-Speaker Offered by the Florida Legal Education Association - March 2007 Examining Committee Training Seminar-Lead Trainer Offered by the Probate and Guardianship Division of the 11th Judicial Circuit End of Life Issues Seminar-Speaker Offered by Lorman Education Services -July 2007 Elder Law Certification Course -Speaker Offered by the Elder Law Section -January 2006 Fundamentals of Elder Law-Speaker-April16, 2005 Introduction to Guardianship -Speaker Offered by the Florida State Guardianship Association - 192 August 5, 2005 Free Advance Directives Workshop -Speaker Offered by the Florida Bar Association Elder Law Section PROBATE: A View From the Bench And Bar -Speaker Offered by the DCBA Probate & Guardianship Committee Medicaid and Elder Law Issues in Florida -Speaker Offered by Lorman Education Services -January 27, 2005 Successful Handling of Wrongful Death Cases in Florida -Speaker Offered by Lorman Education Services -January 7, 2005 Guardianship Team 2004-Speaker Offered by the Florida Legal Education Association - February 13 & 14, 2004 Legal Experience: Zamora & Hillman 3006 Aviation Avenue, Penthouse 4C, Coconut Grove, Florida 33133-2001 to present Law Offices of Enrique Zamora 1102 Ponce de Leon Blvd., Coral Gables, Florida 33134 -1997 to 2000 Perez-Abreu, Zamora, Hillman & Martin-Lavielle, PA 901 Ponce de Leon Blvd., #502, Coral Gables, Fl33134- 1987 to 1997 193 RESOLUTION NO.------- A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY OF MIAMI BEACH, CONCERNING THE APPOINTMENT OF ENRIQUE ZAMORA, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON SEPTEMBER 15, 2012, AND ENDING ON MARCH 14, 2013; PROVIDED FURTHER THAT CHIEF SPECIAL MASTER ZAMORA SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY AND COUNTY CODES AND ORDINANCES, AND SHALL ALSO BE AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS; AND FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT LIMITATION, SECTIONS 30-37 AND 30-38 THEREOF, CONCERNING THE COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER. WHEREAS, Section 30-2 of the Code of the City of Miami Beach provides for an alternative code enforcement system wherein Special Masters are authorized to hold hearings and impose fines, liens and other non-criminal penalties against violators of City and County Codes and Ordinances; and WHEREAS, Section 30-36 of the City Code, entitled "Appointment of Chief Special Master," provides for the appointment of a Chief Special Master to fulfill the above referenced duties; and WHEREAS, pursuant to Section 30-36 of the City Code, appointment of the Chief Special Master is established upon the City Commission's acceptance, by a majority vote, of the recommendation for appointment by the City Manager; and WHEREAS, the City Manager hereby recommends appointment of Enrique Zamora, Esq., as Chief Special Master for the City of Miami Beach, for a term commencing on September 15, 2012, and ending on March 14, 2013; and WHEREAS, all other matters set forth within Chapter 30 of the City Code, including, without limitation, Sections 30-37 and 30-38 regarding compensation and duties of the Chief Special Master, shall continue to apply and remain in full force and effect; and WHEREAS, the Chief Special Master and each Special Master, shall be prohibited from engaging in practice where he/she represents a client in a manner adverse to the interests of the City of Miami Beach, and shall further be prohibited from lobbying the City during his/her service with the City. 194 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Section 30-36 of the Code of the City of Miami Beach, concerning the appointment of Enrique Zamora, Esq., to serve as Chief Special Master, for a term commencing on September 15, 2012, and ending on March 14, 2013; provided further that, as Chief Special Master, Mr. Zamora shall be authorized to hold hearings and impose fines, liens and other non-criminal penalties against violators of City and County Codes and Ordinances, and shall also be authorized to appoint such other Special Masters as may reasonably be required to conduct the subject hearings; and further incorporating all other matters set forth within Chapter 30 of the City Code including, without limitation, Sections 30-37 and 30-38 thereof, concerning the compensation of the Chief Special Master. PASSED and ADOPTED this 181h day of July, 2012. ATTEST: RAFAEL E. GRANADO, CITY CLERK MATTI HERRERA BOWER, MAYOR T:\AGENDA\2012\7 -18-12\Chief Special Master Resolution Chapter 30.doc 195 RESOLUTION NO.------- A RESOLUTION APPROVING AND APPOINTING, PURSUANT TO SECTION 102-356 OF THE CITY CODE, ENRIQUE ZAMORA, ESQ. (CHIEF SPECIAL MASTER APPOINTED PURSUANT TO RESOLUTION NO. }, AS THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102-356 OF THE CITY CODE; SAID DESIGNATION COMMENCING WITH MR. ZAMORA'S TERM AS CHIEF SPECIAL MASTER ON SEPTEMBER 15, 2012, AND ENDING ON MARCH 14,2013. WHEREAS, pursuant to the Section 30-36 of the Code of the City of Miami Beach, upon prior recommendation of the City Manager, the City Commission, by a majority vote, may appoint a Chief Special Master, who shall be authorized to hold hearings and impose fines, liens, and other non-criminal penalties against violations of City Ordinances; and WHEREAS, at its regular meeting on July 18, 2012, the Mayor and City Commission adopted Resolution No. , appointing Enrique Zamora, Esq., as Chief Special Master, for a term commencing on September 15, 2012, and ending on March 14, 2013; and WHEREAS, pursuant to Section 102-356, the City Manager may also approve a "designee," who shall be authorized to hear appeals from citations for violations of City and County Codes and Ordinances and to conduct hearings regarding denials, suspensions and revocations of occupational licenses, certificates of use and permits, as provided by the City Code, and who shall also be authorized to appoint such other Special Masters as may reasonably be required to conduct such hearings pursuant to City Ordinances; and WHEREAS, accordingly, the City Manager hereby recommends Mr. Zamora to serve as the City Manager's "designee," for a six (6) month term commencing on September 15, 2012, and ending on March 14, 2013; and WHEREAS, the Chief Special Master (including, as in the instant Resolution, where the Chief Special Master is acting in his capacity as the City Manager's "designee" under Section 102-356 of the City Code), shall be prohibited from engaging in practice where he/she represents a client in a manner adverse to the interests of the City of Miami Beach, and shall further be prohibited from lobbying the City during his/her service with the City. 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 appoint, pursuant to Section 102-356 of the City Code, Enrique Zamora, Esq., (Chief Special Master appointed pursuant to Resolution No. ------'' as the City Manager's "designee" under Section 102-356 of the City Code; said designation commencing with Mr. Laeser's term as Chief Special Master on September 15, 2012, and ending on March 14, 2013. PASSED and ADOPTED this 18th day of July 2012. ATTEST: RAFAEL E. GRANADO, CITY CLERK T:\AGENDA\201217-18-12\Chief Special Master Resolution Chapter 102.doc MATTI HERRERA BOWER, MAYOR APPROVED AS TO FORM & LANGUAGE .---.LX. FOR CUTION 196 ~2- COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute Amendments To The Contracts Between The City Of Miami Beach And Central Poly Corp.; Dermatec Direct; Hospitality Purchasing LLC; Hudson Plastic Corp.; Janitor's Supply Outlet; Pride Enterprises; Rex Chemical Corp.; Songahi, Inc.; Totalpack, Inc.; And Troy Industries, Inc.; Dated August 8, 2011, For The Purchase Of Janitorial Supplies, In The Estimated Annual Amount Of $183,000; Said Amendments Approving The First Year Renewal Option Of The Contracts, And Further Amending Section 2.2 (Terms) Of Such Contracts To Allow Subsequent Renewals By The City Mana er, At His/Her Sole 0 tion And Discretion. Key Intended Outcome Supported: Ensure well maintained facilities. 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 adopt the Resolution? Item Summary/Recommendation: The Mayor and City Commission at its July 13, 2011 City Commission meeting awarded contracts to Best Janitorial & Supplies, Inc.; Calico Industries, Inc.; Central Poly Corp.; Dermatec Direct; Hospitality Purchasing LLC; Hudson Plastic Corp.; lnterboro Packaging Corp.; Janitor's Supply Outlet; Pride Enterprises; Quill Corp.; Rex Chemical Corp.; Songahi, Inc.; Totalpack, Inc.; and Troy Industries, Inc., as primary and secondary vendors per line item, pursuant to Invitation to Bid (ITB) No. 5-10/11, for the purchase of janitorial supplies Citywide, in the estimated annual amount of $183,009. The purpose of this Resolution is to recommend the first year renewal of these contracts, and to amend Section 2.2 of the contracts, to allow renewal for the second option year, by the City Manager, at his/her sole discretion. It is the Administration's recommendation to renew all contracts except Best Janitorial & Supplies, Inc. (Best). Best was not able to maintain the delivery schedule during the term of the contract, resulting in the supplies being ordered from the secondary vendors, Hospitality Purchasing and Troy Industries. Performance Evaluations have been received from the user Departments with favorable feedback for all other vendors awarded contracts. ADOPT THE RESOLUTION. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Funds: 1 D 2 3 4 OBPI Total ~ Financial Impact Summary: City Clerk's Office Legislative Tracking: I Raul Aguila:ij\\ (/\_ r Assistant PDW T:\AGENDA\2011\7- M'IAMI BEACH 197 Account AGENDA ITEM _C-_7----=0=--- DATE 7-/3-/2... ce MIAMIBEACH 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 Kathie G. Brooks, Interim City Manager. -'if~/-!-. July 18, 2012 / 1 . 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 AMENDMENTS TO THE CONTRACTS BETWEEN THE CITY OF MIAMI BEACH AND CENTRAL POLY CORP.; DERMATEC DIRECT; HOSPITALITY PURCHASING LLC; HUDSON PLASTIC CORP.; JANITOR'S SUPPLY OUTLET; PRIDE ENTERPRISES; REX CHEMICAL CORP.; SONGAHI, INC.; TOTALPACK, INC.; AND TROY INDUSTRIES, INC.; DATED AUGUST 8, 2011, FOR THE PURCHASE OF JANITORIAL SUPPLIES, IN THE ESTIMATED ANNUAL AMOUNT OF $183,000; SAID AMENDMENTS APPROVING THE FIRST YEAR RENEWAL OPTION OF THE CONTRACTS, AND FURTHER AMENDING SECTION 2.2 (TERMS) OF SUCH CONTRACTS TO ALLOW SUBSEQUENT RENEWALS BY THE CITY MANAGER, AT HIS/HER SOLE OPTION AND DISCRETION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Ensure well-maintained facilities. FUNDING Funding required until September 30, 2012 was approved by the Office of Budget and Performance Improvement (OBPI) through the budgeting process for Fiscal Year 2011/2012. Commencing on October 1, 2012, the estimated annual cost of $183,000 associated with the purchase of janitorial supplies will be subject to funds availability approved through the budgeting process during subsequent Fiscal Years. Should additional funding be required due to increased need of supplies, funding will be subject to the review and approval of OBPI. ANALYSIS The Mayor and City Commission at its July 13, 2011 City Commission meeting awarded contracts to Best Janitorial & Supplies, Inc.; Calico Industries, Inc.; Central Poly Corp.; Dermatec Direct; Hospitality Purchasing LLC; Hudson Plastic Corp.; lnterboro Packaging Corp.; Janitor's Supply Outlet; Pride Enterprises; Quill Corp.; Rex Chemical Corp.; Songahi, Inc.; Totalpack, Inc.; and Troy Industries, Inc., as primary and secondary vendors per line item, pursuant to Invitation to Bid (ITB) No. 5-10/11, for the purchase of janitorial supplies Citywide, in the estimated annual amount of $183,009. 198 Commission Memorandum -ITB 5-09110 Purchase of Janitorial Supplies July 18, 2012 Page2 The purpose of this Resolution is to recommend the first year renewal of these contracts, and to amend Section 2.2 of the contracts to allow renewal for the second option year, by the City Manager, at his/her sole discretion. It is the Administration's recommendation to renew all contracts except Best Janitorial & Supplies, Inc. (Best). Best was not able to maintain the delivery schedule during the term of the contract, resulting in the supplies being ordered from the secondary vendors, Hospitality Purchasing and Troy Industries. Performance Evaluations have been received from the user Departments with favorable feedback for all other vendors awarded contracts. CONCLUSION: Based on the aforementioned, the Administration recommends that the Mayor and City Commission approve and authorize the Mayor and City Clerk to execute amendments to the contracts between the City Of Miami Beach and Central Poly Corp.; Dermatec Direct; Hospitality Purchasing LLC; Hudson Plastic Corp.; Janitor's Supply Outlet; Pride Enterprises; Rex Chemical Corp.; Songahi, Inc.; Total pack, Inc.; and Troy Industries, Inc.; dated August 8, 2011, for the purchase of janitorial supplies, in the estimated annual amount of $183,000; said Amendments approving the first year renewal option of the contracts, and further amending section 2.2 (Terms) of such contracts to allow subsequent renewals by the City Manager, at his/her sole option and discretion. T:\AGENDA\2011\7-13-11\ITB 5-10-11 Purchase of Janitorial Supplies MEMO.doc 199 RESOLUTION TO BE SUBMITTED 200 COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving the settlement in the amount of $15,000.00 for city liens on property owned by Sunset Apartments at 1545 Drexel Avenue, Miami Beach, Florida, and authorizing the Interim City Manager to take such action and execute any and all necessary documents to complete such lien release and settlement. Ke Intended Outcome Su orted: Increase resident's satisfaction with level of Building Enforcement. (Surveys, Environmental Scan, etc.): 61% of residents are satisfied with fairness and consistenc of enforcement of codes and ordinances. Issue: I Shall the Mayor and City Commission approve the Resolution approving settlement? Item Summary/Recommendation: Sunset Apartments, LLC is the owner 1545 Drexel Avenue, Miami Beach, Florida. In its governmental and regulatory capacity, the City of Miami Beach recorded three (3) liens, in the public records of Miami-Dade County, Florida. These liens relate back to violations for failing to comply with the 40 year recertification of the building and property maintenance violations. The property owner completed substantially all of the repairs prior to the compliance date. However, in order to close out the violation, minor repairs were required to a first floor lighting fixture, to the electrical box to the washing machine and replacement of the exit sign on the second floor. In addition, two minor violations were issued for an illegal banner and for titles installed on the first floor patio area without a permit. Both Mitigation Orders are also the subject of Appeals. The property owner and representatives from the Finance Department have met to discuss a global settlement of the Appeals and of all outstanding liens on the Property. The parties have reached an agreement for a global settlement of $15,000, subject to Commission approval. Advisory Board Recommendation: Financial Information: Source of I I Amount I Account Funds: I J I L_---L--------~--------------------------------------1 Financial Impact Summary: City Clerk's Office legislative Tracking: Sign-Offs: Assistant City Manager GPE POW I JS MIAMI BEACH 201 KGB City Manager AGENDA ITEM --:::C~7=E--:-­ DATE 7-/f-/L. MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Kathie G. Brooks, Interim City Manager ~ / · Mayor Matti Herrera Bower and Members of the City?Lo mission July 18,2012 / ·-/// A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT IN THE AMOUNT OF $15,000.00 FOR CITY LIENS ON PROPERTY OWNED BY SUNSET APARTMENTS, LLC, LOCATED AT 1545 DREXEL AVENUE, MIAMI BEACH, FLORIDA, IN THE ORIGINAL AMOUNT OF $358,708.15, AND FURTHER AUTHORIZING THE INTERIM CITY MANAGER TO TAKE SUCH ACTION AND EXECUTE ANY AND All NECESSARY DOCUMENTS TO COMPLETE SUCH LIEN RELEASE AND SETTLEMENT. ADMINISTRATION RECOMMENDATION Adopt the Resolution as described. ANALYSIS Sunset Apartments, LLC ("Sunset") is the owner 1545 Drexel Avenue, Miami Beach, Florida, (the "Property"). In its governmental and regulatory capacity, the City of Miami Beach recorded three (3) liens, in the public records of Miami-Dade County, Florida. These liens relate back to violations for failing to comply with the 40 year recertification of the building and property maintenance violations. In connection with the forty (40) year recertification violation, the property owner completed substantially all of the repairs prior to the compliance date. However, in order to close out the violation, minor repairs were required to a first floor lighting fixture, to the electrical box to the washing machine and replacement of the exit sign on the second floor. When these items were corrected, the property owner requested mitigation. At the hearing on the Petition for Mitigation, the Special Master reduced the fines. However, a review of the audio reflects that the hearing ended without a definitive determination as to the amount that the Special Master reduced the fines to. The Special Master instructed his Clerk to calculate the fine in accordance with specific dates. The discussion continued and it appears that a dollar amount was then announced. Unfortunately, the mitigation amount in the Order does not reflect the actual findings of the Special Master and the City and the property owner agree that it is in their best interest to resolve this matter without the time and expense of costly and lengthy litigation. The two (2) property maintenance violations were minor in nature. These violations were issued for an illegal banner and for titles installed on the first floor patio area without a permit. The outstanding 202 fines in connection with these two (2) cases were mitigated by the Special Master from $165,290.25 to $35,000.00. Both Mitigation Orders are also the subject of Appeals. The property owner and representatives from the Finance Department have met to discuss a global settlement of the Appeals and of all outstanding liens on the Property. The parties have reached an agreement, subject to Commission approval. There are no open violations on the Property at this time. In light of the foregoing, it is recommended that these liens, while significant in total, be settled in the amount of $15,000.00. ADIMINISTRA TION RECOMMEDATION Adopt the Resolution authorizing the City Manager to execute any and all documents necessary to complete such lien release and settlement. 2 203 RESOLUTION TO BE SUBMITTED 204 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Accepting The City Manager's Recommendation Pertaining To The Ranking Of Firms For Auditing Services, Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Firm, McGiadrey, LLP, And If Unsuccessful, With The Second-Ranked Firm, Cherry, Bekaert & Holland, LLP, And Authorizing The Mayor And City Clerk To Execute An Agreement For Auditing Services. Ke Intended Outcome Su orted: Improve the City's Overall Financial Health and Maintain Overall Bond Rating Issue: I Shall the Commission Adopt the Resolution? Item Summary/Recommendation: The purpose of the audit is to examine the City's Basic Financial Statements included in the City's Comprehensive Annual Financial Report (CAFR). The engagement shall also include the Single Audit, PSF, VCA, Convention Center, BBC, CT, and SNP audits, for a term of up to five (5) years. The engagement will be for five (5) fiscal years ending September 30, 2016. Additional years of the engagement or additional auditing services would be subject to the approval of the Audit Committee and confirmation by the City Commission annually. On March 21, 2012, the City Commission authorized the issuance of an RFP to solicit proposals for auditing services for the City of Miami Beach. RFP No. 34-11/12 was issued on April 20, 2012, with notifications sent to over 35 firms. This outreach resulted in the receipt of five (5) proposals from Cherry, Bekaert & Holland, LLP; Crowe Horwath, LLP.; Keefe, McCullough & Co., LLP; Marcum, LLP; and McGiadrey, LLP. A resolution was passed at the June 6, 2012, Commission meeting selecting Crowe Horwath, LLP to audit the processes of certain regulatory departments and divisions in the City, and therefore could no longer be considered for this project, as this would create a conflict of interest. An Evaluation Committee appointed by the City Manager reviewed and discussed the proposals, then scored and ranked the four (4) remaining proposals. Based on the published evaluation criteria, the Committee unanimously ranked McGiadrey, LLP. as the top-ranked firm. The Committee further ranked Cherry, Bekaert & Holland, LLP. as the second-ranked firm. ADOPT THE RESOLUTION 19, 2012: Recommended the issuance of an RFP Source of Amount Account Approved Funds: Professional Services Accounts: /1 1 $168,727.39 011.9310.000312 ~ 2 18,550.30 440.0442.000312 I 3 20,867.80 168.1985.000312 4 20,867.80 480.0461.000312 5 18,550.30 160.4300.000312 OBPI Total $247,563.59 Financial Impact Summary: Amounts are included in the FY2012/2013 proposed operating budget. City Clerk's Office Legislative Tracking: jRJA __ _ Si n-Offs: Department Director GE POW T:\AGENDA\2012\7 -18-12\Auditing Services Summary.doc MtAMIBEACH 205 er KGB AGENDA ITEM _C_· -'-7...;...j::,--- DATE 7-fff-/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 Commis ·on Kathie G. Brooks, Interim City Manager~ A July18,2012 ~ 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 PROPOSALS (RFP) NO. 34-11/12 FOR AUDITING SERVICES TO EXAMINE THE CITY'S BASIC FINANCIAL STATEMENTS INCLUDED IN THE CITY'S COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), FEDERAL GRANT PROGRAMS AND STATE PROJECTS (OMB A-133 SINGLE AUDIT), THE MIAMI BEACH REDEVELOPMENT AGENCY'S BASIC FINANCIAL STATEMENTS (RDA), THE PARKING SYSTEMS FUND'S (PSF) FINANCIAL STATEMENTS, THE MIAMI BEACH VISITOR AND CONVENTION AUTHORITY'S (VCA) FINANCIAL STATEMENTS, THE MIAMI BEACH CONVENTION CENTER FINANCIAL STATEMENTS, THE BUILDING BETTER COMMUNITIES BOND PROGRAM (BBC) THE CHILDREN TRUST GRANT PROGRAM (CT), AND THE SAFE NEIGHBORHOOD PARKS AND BOND PROGRAM (SNP); AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP- RANKED FIRM, MCGLADREY, LLP., AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE SECOND-RANKED FIRM, CHERRY, BEKAERT & HOLLAND, LLP.; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON THE COMPLETION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION, WITH SUCH AGREEMENT HAVING A FIVE (5) YEAR TERM, THROUGH AND INCLUDING THE AUDIT OF FISCAL YEAR ENDING SEPTEMBER 30, 2016, WITH ADDITIONAL YEARS OF THE ENGAGEMENT TO BE SUBJECT TO THE AUDIT COMMITTEE AND CONFIRMATION BY THE CITY COMMISSION ANNUALLY. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Improve the City's Overall Financial Health and Maintain Overall Bond Rating FUNDING AND ESTIMATED AMOUNT Fees are not to exceed $250,000 for 2012 audit fees to be paid in 2013. Amounts are included in the FY2012/2013 proposed Operating Budget. Estimated 206 City Commission Memorandum -Auditing Services July 18, 2012 Page 2 of5 Service Audit of City's Basic Financial Statement (CAFR) OMB A-133 Single Audits Management Letter in Accordance with the Rules of the Auditor General of the State of Florida Safe Neighborhood Parks Single Audit (SNP) Building Better Communities Children's Trust Miami Beach Redevelopment Agency (RDA) Miami Beach Parking Systems Funds (PSF) Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts, as Managed by Global Spectrum Miami Beach Visitor and Convention Authority (VCA) ANALYSIS/BACKGROUND Funding Source Expenditure 011.9310.000312 $115,927.53 011.9310.000312 23,185.30 011.9310.000312 011.9310.000312 011.9310.000312 011.9310.000312 168.1985.000312 480.0461.000312 440.0442.000312 160.4300.000312 2,319.56 9,270.00 8,240.00 9,785.00 20,867.80 20,867.80 18,550.30 18.550.30 $247,563.59 The purpose of the audit is to examine the City's Basic Financial Statements included in the City's Comprehensive Annual Financial Report (CAFR). The engagement shall also include the Single Audit, PSF, VCA, Convention Center, BBC, CT and SNP audits of the year ended September 30, 2012, through and including the year ended September 30, 2016. Additional years of the engagement would be subject to the approval of the Audit Committee and confirmation by the City Commission annually. On July 12, 2006, the Mayor and City Commission authorized the Administration to execute an Agreement, pursuant to RFP No. 23-05/06, with McGiadrey & Pullen for Auditing Services. The Agreement term was for five (5) years, commencing from the City Fiscal Year ending on September 30, 2006, and ending on September 30, 2010, with renewal options for five (5) additional one (1) year terms, at the sole discretion of the City. A resolution was approved by the Mayor and Commission at its September 14, 2011 meeting, to exercise the first year renewal option for the audit of fiscal ending on September 30, 2011. The Mayor and City Commission at its March 21, 2012, meeting authorized the Administration to issue an RFP to examine the City's Basic Financial Statements included in the City's Comprehensive Annual Financial Report (CAFR). The engagement shall also include the Single Audit, PSF, VCA, Convention Center, BBC, CT, and SNP audits, for a term of five (5) years with additional years subject to the approval of the Audit Committee and confirmation by the City Commission. RFP PROCESS RFP No. 34-11/12 was issued on April20, 2012, and the Procurement Division e-mailed, as well as uploaded the RFP to Bid Net, sending notifications to over 35 firms. A non- mandatory pre-proposal meeting to provide information and respond to questions from prospective proposers was held on May 1, 2012. This outreach resulted in the receipt of five (5) proposals on the due date of May 18, 2012, from the following firms: • Cherry, Bekaert & Holland, LLP. • Crowe Horwath, LLP. • Keefe, McCullough & Co., LLP. • Marcum, LLP. • McGiadrey, LLP. 207 City Commission Memorandum -Auditing Services July 18, 2012 Page3 of5 On June 7, 2012, the City Manager via Letter to Commission No. 154-2012 appointed an Evaluation Committee (the "Committee"}, consisting of the following individuals: Marcella Paz-Cohen Larry Herrup Kathaleen Smarsh James Sutter Allison Williams Alternates: Georgie Echert Mark Coolidge Melvin Brazer Resident and Leadership Academy Graduate Resident, CPA, and Budget Advisory Committee Member Resident and Leadership Academy Graduate Internal Auditor, CMB Chief Accountant, CMB Assistant Finance Director, CMB Senior Auditor, CMB Resident and Leadership Academy Graduate The Committee convened on June 20, 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. Larry Herrup was nominated as the Committee chairperson. The chairperson requested Patricia D. Walker, Chief Financial Officer for the City, to provide an overview to the Committee on the current relationship with McGiadrey, LLP, and the perception of the strengths of other proposers. The overall feedback from the Finance Department pursuant to McGiadrey's performance is positive. The Committee was subsequently informed that a resolution was passed at the June 6, 2012, Commission meeting selecting Crowe Horwath, LLP, to audit the processes of certain regulatory departments and divisions in the City, and therefore could no longer be considered for this project, as this would create a conflict of interest. The Committee was instructed to score and rank the remaining four (4) proposals pursuant to the evaluation criteria established in the RFP, which was as follows, for a total potential of 1 00 points: • Firm's experience in Auditing Services-20 points • Qualifications of Project Team-20 points • Methodology and approach - 1 0 points • Previous Similar Projects -15 points • References Provided by Prior Clients -15 points • Fees-20 points 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. 208 City Commission Memorandum -Auditing Services July 18, 2012 Page4 of5 The Committee discussed the proposals and proceeded to score and rank as follows: Herrup Smarsh Sutter Williams Total Ranking of Firm 5 19 The Committee unanimously ranked McGiadrey, LLP as the top-ranked firm. Also, although tied with Marcum, LLP for a total score of thirteen (13), Cherry, Bekaert & Holland, LLP received the majority of second place scores, therefore the Committee passed a motion to rank McGiadrey as the top-ranked and Cherry, Bekaert & Holland as the second-ranked firms. As Committee chairperson, Larry Herrup articulated that he would recommend changing the Engagement Partner periodically for ongoing business between the City and McGiadrey, so as to maintain objectivity. McGiadrey has been the incumbent auditor for the City for the past six (6) years. There have been no issues with the performance of the firm relative to audits performed for Miami Beach. The references provided on behalf of the firm from their other clients were very positive. Nationally, McGiadrey provides services to over 2, 700 public sector clients, including 600 government clients. Locally, the public sector is the largest industry group of the Southeast practice, serving over 200 entities in Florida. Cherry, Bekaert & Holland, LLP was established in 1947 and is one of the largest CPA firms headquartered in the Southeast. The firm has offices in six states between Florida and Virginia, with a staff of over 750 people. The references provided on behalf of the firm from their clients were very positive. CONCLUSION The Administration recommends that the Mayor and City Commission approve the attached resolution, which accepts the recommendation of the City Manager pertaining to the ranking of firms pursuant to Request for Proposals (RFP) No. 34-10/11 for Auditing Services To Examine The City's Basic Financial Statements Included In The City's Comprehensive Annual Financial Report (CAFR), Federal Grant Programs And State Projects (OMB A-133 Single Audit), The Miami Beach Redevelopment Agency's Basic Financial Statements (RDA), The Parking Systems Fund's (PSF) Financial Statements, The Miami Beach Visitor And Convention Authority's (VCA) Financial Statements, The Miami Beach Convention Center Financial Statements, The Building Better Communities Bond Program (BBC) The Children Trust Grant Program (CT), And The Safe Neighborhood Parks And Bond Program (SNP), and authorizes the Administration to enter into negotiations with the top-ranked firm, McGiadrey, LLP., and should the Administration not be able to negotiate an agreement with the top-ranked firm, authorizing 209 City Commission Memorandum -Auditing Services July 18, 2012 Page 5 of5 the Administration to negotiate with the second-ranked firm, Cherry, Bekaert & Holland, LLP.; and further authorizes the Mayor and City Clerk to execute an agreement upon the completion of successful negotiations by the Administration, with such agreement having a five (5) year term, through and including the audit of fiscal year ending September 30, 2016 with additional years of the engagement subject to the approval of the Audit Committee and confirmation by the City Commission annually. T:\AGENDA\2012\7 -18-12\Auditing Services Memo.doc 210 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. 34-11/12 FOR AUDITING SERVICES TO EXAMINE THE CITY'S BASIC FINANCIAL STATEMENTS INCLUDED IN THE CITY'S COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), FEDERAL GRANT PROGRAMS AND STATE PROJECTS (OMB A-133 SINGLE AUDIT), THE MIAMI BEACH REDEVELOPMENT AGENCY'S BASIC FINANCIAL STATEMENTS (RDA), THE PARKING SYSTEMS FUND'S (PSF) FINANCIAL STATEMENTS, THE MIAMI BEACH VISITOR AND CONVENTION AUTHORITY'S (VCA) FINANCIAL STATEMENTS, THE MIAMI BEACH CONVENTION CENTER FINANCIAL STATEMENTS, THE BUILDING BETTER COMMUNITIES BOND PROGRAM (BBC)1 THE CHILDREN TRUST GRANT PROGRAM (CT), AND THE SAFE NEIGHBORHOOD PARKS AND BOND PROGRAM (SNP); AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP-RANKED FIRM, MCGLADREY, LLP., AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE SECOND-RANKED FIRM, CHERRY, BEKAERT & HOLLAND, LLP.; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON THE COMPLETION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION, WITH SUCH AGREEMENT HAVING A FIVE (5) YEAR TERM, THROUGH AND INCLUDING THE AUDIT OF FISCAL YEAR ENDING SEPTEMBER 30, 2016, WITH ADDITIONAL YEARS OF THE ENGAGEMENT TO BE SUBJECT TO THE AUDIT COMMITTEE AND CONFIRMATION BY THE CITY COMMISSION ANNUALLY. WHEREAS, on March 21, 2012, the Mayor and City Commission at its March 21, 2012, meeting authorized the Administration to issue an RFP to examine the City's Basic Financial Statements included in the City's Comprehensive Annual Financial Report (CAFR), whereby the engagement shall also include the Single Audit, PSF, VCA, Convention Center, BBC, CT, and SNP audits, for a term of up to five (5) years (to be determined at the option of the City); and WHEREAS, on April20, 2012, RFP No. 34-11/12 was issued and notices were sent to over 35 firms; and WHEREAS, on the specified due date of May 18,2012, the Procurement Division received responses from Cherry, Bekaert & Holland, LLP.; Crowe Horwath, LLP.; Keefe, McCullough & Co., LLP.; Marcum, LLP.; and McGiadrey, LLP.; and WHEREAS on June 7, 2012, the City Manager via Letter to Commission No. 154-2012 appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: Marcella Paz-Cohen, Resident and Leadership Academy Graduate; Larry Herrup, Resident, CPA, and Budget Advisory Committee Member; Kathaleen Smarsh, Resident and Leadership Academy Graduate; James Sutter, Internal Auditor, CMB; Allison Williams, Chief Accountant, CMB; and WHEREAS, the Committee convened on June 20, 2012, and was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance, and recent 211 changes to the Government in the Sunshine Law; and WHEREAS, the Committee was subsequently informed that a Resolution was passed at the June 6, 2012, Commission meeting, selecting Crowe Horwath, LLP. to audit the processes of certain regulatory departments and divisions in the City, and therefore could no longer be considered for this project, as this would create a conflict of interest; and WHEREAS, the Committee proceeded to score and rank the remaining four (4) proposals pursuant to the evaluation criteria established in the RFP, which was as follows, for a total potential of 1 00 points: • Firm's experience in Auditing Services-20 points; • Qualifications of Project Team-20 points; • Methodology and approach - 1 0 points; • Previous Similar Projects -15 points; • References Provided by Prior Clients -15 points; • Fees -20 points; and WHEREAS, the Committee unanimously ranked McGiadrey, LLP. as the top-ranked firm, and further agreed to the ranking of Cherry, Bekaert & Holland, LLP as the second-ranked firm; and WHEREAS, the City Manager concurs with the recommendation. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager pertaining to the ranking of proposals pursuant to Request for Proposals (RFP) No. 34-11/12 For Auditing Services To Examine The City's Basic Financial Statements Included In The City's Comprehensive Annual Financial Report (CAFR), Federal Grant Programs And State Projects (OMS A-133 Single Audit), The Miami Beach Redevelopment Agency's Basic Financial Statements (RDA), The Parking Systems Fund's (PSF) Financial Statements, The Miami Beach Visitor And Convention Authority's (VCA) Financial Statements, The Miami Beach Convention Center Financial Statements, The Building Better Communities Bond Program (BBC) The Children Trust Grant Program (CT), And The Safe Neighborhood Parks And Bond Program (SNP); authorize the administration to enter into negotiations with the top-ranked firm, McGiadrey, LLP .; and should the administration not be able to negotiate an agreement with the top-ranked firm, authorize the administration to negotiate with the second-ranked firm, Cherry, Bekaert & Holland, LLP.; and further authorize the Mayor and City Clerk to execute an agreement upon the completion of successful negotiations by the Administration, with such agreement having a five (5) year term, through and including the audit of fiscal year ending 2016, with additional years of the engagement to be subject to approval by the Audit Committee and confirmation by the City Commission annually. PASSED AND ADOPTED this ___ day of-------'' 2012. ATTEST: Rafael E. Granado, City Clerk T:\AGENDA \2012\7 -18-12\Auditing Services Reso.doc 212 Matti Herrera Bowe~~8VED AS TO FORM & LANGUAGE & Ffl~ E CUTION COMMISSION ITEM SUMMARY Condensed Title: A Resolution Accepting The City Manager's Recommendation Pertaining To The Ranking of Firms For Testing Services, Authorizing The Administration To Enter Into Negotiations, And Authorizing The Mayor And City Clerk To Execute An Agreement. Key Intended Outcome Supported: Control costs of payroll, including salary and fringes; minimize taxes; and ensure expenditure trends are sustainable over the long term. Supporting Data (Surveys, Environmental Scan, etc: In the 2009 Community Satisfaction Survey, among the four (4) areas of customer service measured, 85.5% of respondents agreed that "The employees that assisted me were courteous and professional." Issue: I Shall the Mayor and City Commission adopt the resolution? Item Summary/Recommendation: The City has a need to establish an agreement with a qualified provider of services to develop, validate, administer, score, report and review testing programs to determine qualified applicants for police and fire entry level positions and classified promotional classifications; and/or to provide consultation services in order to develop job analysis, entry level and promotional tests, scoring, minimum requirements for jobs, and test requirements for sworn and non-sworn positions. The Mayor and City Commission at its May 11, 2011 meeting authorized the Administration to issue an RFP to provide testing services. RFP No. 34-10/11 was issued on May 25, 2011 which resulted in proposals being received from the following: (1) Booth Research Group, Inc.; (2) Employment Technologies Corporation; (3) Ergometrics & Applied Personnel Research, Inc.; (4) Industrial/Organizational Solutions, Inc. (1/0 Solutions, Inc.); and (5) David Santisteban, Ph. D. An Evaluation Committee appointed by the City Manager reviewed, and participated in question and answer sessions with each of the proposers, and scored and ranked the proposals. Based on the published evaluation criteria, the Committee ranked David Santisteban, Ph.D. as the top-ranked proposer, followed by Industrial/Organizational Solutions, Inc. (1/0 Solutions) as the second-ranked proposer. After reviewing the Committee's recommendation and analyzing the overall benefits to the City, the Administration is recommending to the Mayor and City Commission that the Administration enter into negotiations with the proposer deemed to be in the best interest and best value to the City, 1/0 Solutions, Inc. 1/0 Solutions, Inc. is a public-safety human resources consulting firm that specializes in personnel selection, development, validation and administration of police, corrections and fire services entrance, physical ability and promotional examinations. In addition to providing third-party recruitment services, the firm is also a national test publishing organization offering over 30 published entry-level and promotional exams and assessments. IT IS RECOMMENDED THAT THE MAYOR AND COMMISSION ADOPT THE RESOLUTION Advisory Board Recommendation: IN/A Financial Information: Source of Amount Func ~A r 1 $65,400 h:.l ~~ 2 $10,000 N Total $75,400 Fnil ncial Impact Summary: N/A islative Trackin MIAMI BEACH 213 Account Professional Services Acct No. 011-1130-000312 Professional Services Acct No. 011-0370-000312 AGENDA ITEM DATE C7G- 7-tf-tz_ & 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 ~f th;,Yi~ommission Kathie G. Brooks, City Manager /A r / ~ . July 18, 2012 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER RELATIVE TO THE RANKING OF PROPOSERS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 34-10/11 TO PROVIDE TESTING SERVICES FOR POLICE AND FIRE ENTRY LEVEL POSITIONS AND CLASSIFIED PROMOTIONAL CLASSIFICATIONS; AND/OR TO PROVIDE CONSULTATION SERVICES FOR SWORN AND NON-SWORN POSITIONS IN ORDER TO DEVELOP ·JOB ANALYSIS, ENTRY LEVEL AND PROMOTIONAL TESTS, SCORING, MINIMUM REQUIREMENTS FOR JOB BACKGROUND TEST REQUIREMENTS; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH INDUSTRIAUORGANIZATIONAL SOLUTIONS, INC.; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON THE COMPLETION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING $65,400 $10,000 $75,400 Funding is available from Professional Services Account #011-1130-000312 Funding is available from Professional Services Account #011-0370-000312 BACKGROUND The City has a need to establish an agreement with a qualified provider of services to develop, validate, administer, score, report and review testing programs to determine qualified applicants for police and fire entry level positions and classified promotional classifications; and/or to provide consultation services in order to develop job analysis, entry level and promotional tests, scoring, minimum requirements for jobs, and background tests requirements for sworn and non-sworn positions. The City had a month-to-month Agreement for these services that expired on June 30 2012, with no further options for renewal. The Mayor and City Commission at its May 11, 2011 meeting authorized the Administration to issue an RFP to provide testing services for Police and Fire entry level positions and classified promotional classifications; and/or to provide consultation services for sworn and non-sworn positions in order to develop job analysis, entry level 214 Commission Memorandum July 18, 2012 Testing Services Page 2of5 and promotional tests, scoring, minimum requirements for jobs, and test requirements. The term of the Agreement with the selected Provider will be for a one (1) year term, with four (4) additional one (1) year renewal options, at the discretion of the City Manager. The RFP provided for an option to submit a proposal on any or all of the Base and/or Alternate Proposal. The Base Proposal was for Police and Fire Classifications for entry level and promotional testing, and the Alternate Proposal was for consultation services in order for the City to develop job analysis, entry level and promotional tests, scoring, minimum requirements for jobs, and test requirements for sworn and non-sworn positions. Proposers for the Base Proposal must have a minimum of five (5) years experience in developing, validating, administering and scoring testing programs to determine qualified applicants for sworn and non-sworn positions. Proposers for the Alternate Proposal must have a minimum of five (5) years experience in developing, validating, administering and scoring testing programs to determine qualified applicants for sworn and non-sworn positions or consulting services in these same areas. All proposers shall possess a master's or doctorate degree from an accredited college or university in Industrial Organizational Psychology; or a master's degree in Business Administration, from an accredited college or university, with concentration in Organizational Psychology, Applied Psychology or other closely related field. RFP PROCESS RFP No. 34-1 0/11 was issued on May 25, 2011, and the Procurement Division ("Procurement") e-mailed, as well as uploaded the RFP to BidSync.com and BidNet, sending notification to over 75 firms or individuals. This outreach resulted in the receipt of proposals on the due date of June 29, 2011, from the following five (5) firms or individuals: (1) Booth Research Group, Inc.; (2) Employment Technologies Corporation; (3) Ergometrics & Applied Personnel Research, Inc.; (4) Industrial/Organizational Solutions, Inc. (1/0 Solutions, Inc.); and (5) David Santisteban, Ph. D. On August 24, 2011, the City Manager via Letter to Commission No. 209-2011 appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: Hernan Cardeno Averill Lynne Dorsett Barbara Knaub Dio Sanchez Yamileth Slate-McCloud Eric Yuhr Alternate: Audrea Hinds Division Commander, CMB Police Department Director of Human Resources, City of Fort Lauderdale Resident and Graduate of Leadership Academy Human Resources Manager, City of Wilton Manors Human Resources Director, Town of Surfside Fire Chief, CMB Fire Department Interim Director of Human Resources, City of North Miami Beach 215 Commission Memorandum July 18, 2012 Testing Services Page 3of5 The Committee convened on September 12, 2011, and was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government in the Sunshine Law. The Committee listened to a brief overview and participated in a question and answer session with each of the five (5) Proposers. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP, which was as follows: • Qualifications and Experience of the Proposer/Subcontractors 30% • Methodology and Approach 25% • Proposed Fee/Compensation 35% • References 1 0% Total Possible 1 00% The Committee discussed the proposals and proceeded to score and rank as follows: Slate-Total Dorsett Knaub Sanchez McCloud Yuhr Ranking of Firm David Santisteban, 1 (93) 1 (100) 1 (94) 1 (92) 2 (90) 6 Ph.D. 1/0 Solutions 9 16 4 (65) 3 (90) 4 (73) 4 (82) 4 (85) 19 Research 5 (55) 5 (80) 5 (70) 5 (79) 5 (83) 25 Grou The majority of the Committee ranked David Santisteban, Ph. D. as the top-ranked proposer. Dr. Santisteban has been providing testing and consulting service for over 21 years, and has been responsible for the entire entry level and promotional testing program for the City of Miami Beach Fire and Police Departments. Industrial/Organizational Solutions, Inc. (110 Solutions) was the Committee's overall second-ranked proposer. 110 Solutions is a public safety human resources consulting firm that specializes in personnel selection and the development, validation and administration of police, corrections and fire service entrance, physical ability and promotional examinations. 110 Solutions has been providing personnel selection consulting services since 1997. ADMINISTRATION'S DUE DILIGENCE The Administration exercised its due diligence in reviewing the proposals to determine the most beneficial solution for the City's testing and consulting services. The Administration believed it to be in the best interest of the City to extend the current Agreement with David Santisteban, Ph.D., which expired December 6, 2011, on a month-to-month basis for a period not to exceed six (6) months, expiring no later than June 30, 2012, or until such time as a new Agreement was executed pursuant to RFP 216 Commission Memorandum July 18, 2012 Testing SeNices Page 4 of5 No. 34-10/11. The Mayor and City Commission at its December 14,2011 approved the extension, and an amendment to the Agreement was subsequently executed. During the Agreement extension period, Dr. Santisteban had been tasked with developing, validating, administering, and scoring, the Fire Captain and Fire Lieutenant promotional examinations, which are required to be conducted every three (3) years pursuant to Section 6.13 (a) of the Collective Bargaining Agreement (CBA) with the International Association of Fire Fighters (Local 1510). This Section of the CBA further requires the City to begin the Fire promotional process no later than nine (9) months prior to the expiration of the promotional lists. The current promotional lists for Fire Captain and Fire Lieutenant expire on October 21, 2012, requiring the City to have commenced the promotional process by January 21, 2012. The written exams took place on March 6, 2012, followed by the Behavioral Assessment Phase (BAP) which took place on May 22 and 23, 2012. Due to the relatively short test development and validation window, January 2012 through March 2012, as well as the complexity and voluminous nature of the reading materials to be reviewed by the test developer, the Administration deemed it in the best interest of the City to allow Dr. Santisteban to undertake the 2012 Fire promotional examinations based on his knowledge of the City's Fire promotional procedures and his familiarity with the reading materials. The City is in the process of completing the current promotional examination process for the Fire Department. The next promotional process in the Fire Department is not scheduled to take place until 2015 (per current IAFF Collective Bargaining Agreement). The next promotional process for the Police Department is scheduled to commence in early 2013 per the current FOP Collective Bargaining Agreement. It is important to have a standing contract for testing services to ensure timely and efficient development and progression through these future processes. ADMINISTRATION'S RECOMMENDATION The Administration recommends executing a new agreement with the 1/0 Solutions to provide testing and consulting services to the City. This recommendation is based on the premise that the Administration must identify the most economical yet effective solution for the City as well as the due diligence analysis that was conducted. For example, the rates for 1/0 Solutions for the development of promotional examinations (written exam and assessment center) for the classifications of Police Sergeant and Police Lieutenant, which is the most important component of the work required during the next fiscal year, is more competitive than that of Dr. Santisteban. The cost for 1/0 Solutions would be approximately $43,130 versus $57,650 for Dr. Santisteban, yielding a savings of nearly $15,000 to the City by having 1/0 Solutions provide the work. 110 Solutions is a public safety human resources consulting firm that specializes in personnel selection, development, validation and administration of police, corrections and fire services entrance, physical ability and promotional examinations. In addition to providing third-party recruitment services, the firm is also a national test publishing organization, offering over 30 published entry-level and promotional exams and assessments. The firm employs a team of psychometricians and experts on the Industrial/Organization Psychology field, and puts a strong emphasis on developing assessment tools that identify the best employees, whether hiring entry-level employee or promoting existing personnel, through a valid, reliable, fair, and defensible selection process. 217 Commission Memorandum July 18, 2012 Testing Services Page 5of5 1/0 Solutions has worked with over 1 ,000 public safety agencies throughout the United States and Canada, such as the Florida Department of Law Enforcement (FDLE), Jacksonville, FL Sheriffs/Police Department, Washington, D.C. Fire and EMS, Washington, D.C. Metropolitan Police Department, New York State Police Department, and the City of Chicago. 1/0 Solutions is one of the few major public safety consulting firms with an unblemished litigation history. In 2009, the U.S. Supreme Court, in Ricci v. DeStefano, ruled that the City of New Haven, CT was required to use the examinations developed by 1/0 Solutions in order to resolve a lawsuit brought against the City by twenty city firefighters alleging that the city discriminated against them with regard to promotions. In addition, in 2007, the entry-level police officer examination developed for the City of Buffalo, NY, satisfied the scrutiny of the U.S. Department of Justice. Further, an independent firm hired by the City of Chicago to evaluate all commercially available entry-level firefighter examinations identified the 1/0 Solutions as having the best firefighter selection tool in the nation. Based on its expertise, the availability of both customized and off-the-shelf exams, and its track record, the Administration recommends that the Mayor and City Commission approve the recommendation of contracting with 1/0 Solutions. The RFP requires that proposal submissions are irrevocable until contract award unless withdrawn in writing prior to the proposal due date, or after expiration of 120 calendar days from the opening of proposals without a contract award. As more than 120 calendar days have passed since the opening, the Procurement Division secured a letter from the Chief Executive Officer of 110 Solutions on March 21, 2012, confirming the firm's willingness to hold the proposal submitted valid for a minimum of 90 days, or until such time as a contract is awarded, whichever occurs first. 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 Industrial/Organizational Solutions, Inc.; and further authorizes the Mayor and City Clerk to execute an agreement upon the completion of successful negotiations by the Administration. T:\AGENDA\2012\7-18-12\Testing Services Commission Memo.docx 218 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER RELATIVE TO THE RANKING OF PROPOSERS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 34-10/11 TO PROVIDE TESTING SERVICES FOR POLICE AND FIRE ENTRY LEVEL POSITIONS AND CLASSIFIED PROMOTIONAL CLASSIFICATIONS; AND/OR TO PROVIDE CONSULTATION SERVICES FOR SWORN AND NON-SWORN POSITIONS IN ORDER TO DEVELOP JOB ANALYSIS, ENTRY LEVEL AND PROMOTIONAL TESTS, SCORING, MINIMUM REQUIREMENTS FOR JOB BACKGROUND TEST REQUIREMENTS; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH INDUSTRIAL/ORGANIZATIONAL SOLUTIONS, INC.; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON THE COMPLETION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, the City has a need to establish an agreement with a qualified provider of services to develop, validate, administer, score, report and review testing programs to determine qualified applicants for police and fire entry level positions and classified promotional classifications; and/or to provide consultation services in order to develop job analysis, entry level and promotional tests, scoring, minimum requirements for jobs, and background tests requirements for sworn and non-sworn positions; and WHEREAS, the City had an Agreement for these services that would have expired on December 6, 2011, with no further options for renewal; and WHEREAS, the Mayor and City Commission at its May 11, 2011 meeting authorized the Administration to issue an RFP to provide these testing services; and WHEREAS, on May 25, 2011, RFP No. 34-10/11 was issued and notices were sentto over 75 firms or individuals; and WHEREAS, on the specified due date, the Procurement Division received responses from Booth Research Group, Inc.; Employment Technologies Corporation; Ergometrics & Applied Personnel Research, Inc.; Industrial/Organizational Solutions, Inc. (110 Solutions, Inc.); and David Santisteban, Ph. D.; and WHEREAS, on August 24, 2011, the City Manager via Letter to Commission No. 209-2011 appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: Hernan Cardeno -Division Commander, CMB Police Department; Averill Lynne Dorsett-Director of Human Resources, City of Fort Lauderdale; Barbara Knaub -Resident and Graduate of Leadership Academy; Dio Sanchez -Human Resources Manager, City of Wilton Manors; Yamileth Slate-McCloud-Human Resources Director, Town of Surfside; Eric Yuhr -Fire Chief, CMB Fire Department; and WHEREAS, the Committee convened on September 12, 2011, and was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government in the Sunshine Law. The Committee listened to a brief overview and participated in a question and answer session with each of the five (5) Proposers; and 219 WHEREAS, the Committee scored and ranked each proposal based on the following evaluation criteria, as outlined in the RFP: • Qualifications and Experience of the Proposer/Subcontractors -30%; • Methodology and Approach-25%; • Proposed Fee/Compensation-35%; • References-1 0%; and WHEREAS, the Committee ranked David Santisteban, Ph. D. as the top-ranked proposer; and WHEREAS, the Committee ranked Industrial/Organizational Solutions, Inc. (1/0 Solutions) as the second-ranked proposer; and WHEREAS, the Administration exercised its due diligence in reviewing the proposals to determine the most beneficial solution for the City's testing and consulting services, and believed it to be in the best interest of the City to extend the Agreement with David Santisteban, Ph.D. on a month-to-month basis for a period not to exceed six (6) months, expiring no later than June 30, 2012, or until such time as a new Agreement is executed pursuant to RFP No. 34-10/11; and WHEREAS, the Mayor and City Commission at its December 14, 2011, meeting approved the extension, and an amendment to the Agreement was subsequently executed; and WHEREAS, upon expiration of the Dr. Santisteban's Agreement extension period on June 30, 2012, the Administration recommends executing a new agreement with the 110 Solutions to provide testing and consulting services to the City based on the premise that the Administration must identify the most economical, yet effective solution for the City; and WHEREAS, the City Manager concurs with the recommendation. 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. 34-10/11, to provide testing services for Police and Fire entry level positions and classified promotional classifications; and/or to provide consultation services for sworn and non-sworn positions in order to develop job analysis, entry level and promotional tests, scoring, minimum requirements for job background test requirements; authorize the Administration to enter into negotiations with Industrial/Organizational Solutions, Inc.; and further authorize the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this ___ day of _______ ;, 2012. ATTEST: Rafael E. Granado, City Clerk T:IAGENDA\2012\6-6-12\Testing Services Reso.doc 220 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 Reject All Proposals Received Pursuant To Request For Proposals (RFP) No. 20-11/12, To Install And Maintain An Externally Web Hosted Software For Parks And Recreation; And To Re-Issue A Request For Proposals (RFP) With Certain Amended Minimum Requirements. Key Intended Outcome Supported: Increase Satisfaction with Family Recreational Activities Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: I Shall the Mayor and City Commission Adopt The Resolution? Item Summary/Recommendation: The City of Miami Beach (the City) solicited responses from qualified software firms to provide an externally hosted software package for the Parks & Recreation Department in the City of Miami Beach. The software is intended to replace the Department's current software, which has slowly become outdated since its installation in 2005. On December 14, 2011, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 20-11/12, to Install and Maintain an externally web hosted software for the City of Miami Beach Parks and Recreation Department (RFP). RFP No. 20-11/12 was issued on January 18, 2012, with an opening date of February 29, 2012. A pre- proposal conference to provide information to the proposers submitting a response was held on February 2, 2012. Bid Net issued bid notices to 155 prospective proposers, and 15 additional proposers were notified via e-mail, which resulted in the receipt of six (6) proposals. Four (4) proposers were deemed non responsive because they failed to meet the minimum requirements. On May 4, 2012, the City Manager via Letter to Commission (LTC) No. 125-2012, appointed an Evaluation Committee (the "Committee"). The Committee convened on June 29, 2012 to receive software demonstrations from the two (2) responsive proposers and engage on a 30-minute Question and Answer session. A motion was presented by Bruce Reich, seconded by Jon Groff, and unanimously approved by all Committee members, to recommend rejecting all proposals received and issued a new RFP with revised minimum requirements which would allow for greater competition. ADOPT THE RESOLUTION Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 I I 2 OBPI Total Financial Impact Summary: ent Director MIAMIB CH 221 Account AGENDA ITEM --::::oC.-7_H~­ DATE 7-I 8'-12- ~ 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 t;e ly Commission Kathie G. Brooks, City Manager/A~ ~ • July 18,2012 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO REJECT ALL PROPOSALS RECEIVED PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 20-11/12, TO INSTALL AND MAINTAIN AN EXTERNALLY WEB HOSTED SOFTWARE FOR PARKS AND RECREATION; AND TO RE-ISSUE A REQUEST FOR PROPOSALS (RFP) WITH CERTAIN AMENDED MINIMUM REQUIREMENTS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Increase Satisfaction with Family Recreational Activities BACKGROUND The City of Miami Beach (the City) solicited responses from qualified software firms to provide an externally hosted software package for the Parks & Recreation Department in the City of Miami Beach. The software is intended to replace the Department's current software, which has slowly become outdated since its installation in 2005. In addition to being able to merge data/history from the City's current software (Rec-Ware Safari), while meeting the City Finance Department's requirements to provide daily direct deposits into the City's bank account, and updating the City's EDEN Finance Accounting System in order to generate analytical reports, this software is intended to simplify the registration process by allowing residents the ability to not just register and pay on-line for Parks programming, but to manage their own information; this functionality is not available with the Parks Department's current software. The intent is to select new technology which will be easier to use, more customer-friendly and interface directly with the City's current financial system. " The Parks and Recreation Department had previously received approval from the City's IT Governance Committee to proceed with selecting replacement software. The provider of the current Parks software has developed a web-based upgrade that appeared to provide most of the functionality that was being requested. Staff began negotiations with the vendor for this upgrade, but after more than nine months of discussions, was ultimately unable to reach agreement on certain terms. As such, it is necessary to identify other software providers that may be able to meet the City's needs. 222 Commission Memorandum-RFP # 20-11-12 Parks and Recreation Software July 18 2012 Page2 SCOPE OF SERVICES The software must meet the minimum requirements and should address most, if not all, of the following Parks and Recreation Department needs. The proposals that do not meet the minimum requirements shall be deemed non-responsive and will not be further evaluated. Minimum Requirements 1. The software must be Web based. 2. The software must interact and interface with City's EDEN Financial System to process Revenue and miscellaneous other Reports. 3. The software must have online registration capability. 4. The software must have Point of Sale. 5. The software must have the ability to create internal and external reports. 6. Vendor must have successfully completed at least ten (10) externally hosted software packages for a Parks & Recreation municipality equal to most, if not all the above specifications, including software merging of an existing data/history within the past four years. 7. The software must meet the following IT and Finance Requirements: a. Must be PCI Compliant (quarterly reports must be submitted) b. Vendor Supported and Hosted Solution shall have Mobile Capability c. The Application Administration Functions must be a log on to browser base, NOT a direct log-on to the Production Server (merchant account) d. All revenue collected from customers must be deposited into the City's Bank account within no more than three (3) days of collection, including internet based payments such as PayPal. e. Database must be Microsoft SQL compatible Parks and Recreation Department needs: 1. Capabilities for Online Registration with payment plan and scholarship options for the customers. 2. Customer Registration with capabilities for refunds, transfers, billing, create waiting lists, etc. 3. Facility Reservations 4. Point of Sale Feature to include hardware such as receipt printers, inventory scanners, etc. 5. Ability to create internal/external reports such as, but not limited to-Customer History, Customer Profile, Marketing, Financial, Profit/Loss, Rosters, Sign-Outs, Daily Close- Out, etc. 6. Membership Module. 7. The Hosted Support Software should be capable of transferring data/history from current software (Rec-Ware Safari) converting all of the Parks & Recreation data with the new software. 8. Vendor shall be responsible for all Service to the Data Base Website Reporting. 9. All data must be owned by the City. 223 Commission Memorandum-RFP # 20-11-12 Parks and Recreation Software July 18 2012 Page 3 10. Proposer must provide On-site Training for implementation. 11. The City will reimburse the vendor for their participation fees (percentage) separately. The successful proposer will be responsible for the following tasks during the Pre-planning and project kick-off phases: 1. Meet with staff committee members to review and refine the project methodology. 2. Review the City's current Recreation software for a new development process, including fees charged by the Parks & Recreation Department. 3. Meet with staff from Department. 4. Review relevant prior studies conducted by the City, including existing cost allocation studies and prior studies reconciling revenues and fees. 5. Review historical direct costs and revenues and process for Recreation Programs and Registration. 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. RFP PROCESS On December 14, 2011, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 20-11/12, to Install and Maintain an externally web hosted software for the City of Miami Beach Parks and Recreation Department (RFP). RFP No. 20-11/12 was issued on January 18, 2012, with an opening date of February 29, 2012. A pre-proposal conference to provide information to the proposers submitting a response was held on February 2, 2012. BidNet issued bid notices to 155 prospective proposers, and 15 additional proposers were notified via e-mail, which resulted in the receipt of the following six (6) proposals: 1. Unlocked Media, LLC-Stadiumroar.com 2. The Active Network 3. Cirilian, Inc d/b/a REC1 4. Capturepoint.com 5. Vermont System, Inc 6. Energov Solutions On April26, 2012, The Active Network was notified via letter that its proposal was deemed non responsive because The Active Network did not meet minimum requirement No.7 (d), which stated that all revenue collected from customers must be deposited into the City's bank account within no more than three (3) days of collection, including internet based payments such as Pay Pal. On June 12, 2012, Vermont Systems, Inc was notified via letter that its proposal was deemed non responsive because Vermont Systems, Inc did not meet the minimum requirement which required vendors to have successfully completed at least ten (10) externally hosted software 224 Commission Memorandum-RFP # 20-11-12 Parks and Recreation Software July 18 2012 Page4 packages for a Parks and Recreation municipality equally to most, if not all the above specifications, including software merging of an existing data/history within the past four years. On June 12, 2012, Unlocked Media, LLC -Stadiumroar.com was notified via letter that its proposal was deemed non responsive because Unlocked Media, LLC -Stadiumroar.com did not meet the minimum requirement which required vendors to have successfully completed at least ten (1 0) externally hosted software packages for a Parks and Recreation municipality equally to most, if not all the above specifications, including software merging of an existing data/history within the past four years. On June 12, 2012, Energov Solutions was notified via letter that its proposal was deemed non responsive because Energov Solutions did not meet the minimum requirement which required vendors to have successfully completed at least ten (10) externally hosted software packages for a Parks and Recreation municipality equally to most, if not all the above specifications, including software merging of an existing data/history within the past four years. On May 4, 2012, the City Manager via Letter to Commission (LTC) No. 125-2012, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Theresa Buigas, Parks and Recreation Analyst, Parks and Recreation Department; • Bob Biles, Applications System Manager, IT Department; • Modesto Mora, Resident and Leadership Academy Graduate; • Tony Lopez, Parks and Recreation Director, Town of Miami Lakes; • Jon Groff, Resident and Chairman of the Parks and Recreational Facilities Board; • Bruce Reich, Resident and Leadership Academy Graduate • Meryl Wolfson, member of the Parks and Recreational Facilities Board; and Alternates • Esther Egozi Choukroun, resident and Scott Rakow Board member The Parks and Recreation department developed a scripted demos outline to be performed by the proposers during their presentation. The Committee convened on June 29, 2012 to receive software demonstrations from the two (2) responsive proposers. The Committee nominated Jon Groff 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 engaged on a 30-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: Software functionality according to Departmental needs Consultant(s) experience and past performance with similar projects Proposed Fees Methodology and Approach 225 Weight 35 points 20 points 35 points 10 points Commission Memorandum-RFP # 20-11-12 Parks and Recreation Software July 18 2012 Page 5 Additional points, over the aforementioned potential points were to be allocated, if applicable and in accordance to following ordinances. Please note that no points were given to any of the companies since neither company claimed Veterans or Local preference. 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 Bruce Reich, seconded by Jon Groff, and unanimously approved by all Committee members, to recommend rejecting all proposals received and issued a new RFP with revised minimum requirements which would allow for greater competition. Furthermore, a second motion was presented by Jon Groff, seconded by Theresa Buigas, and unanimously approved by all Committee members, that in the event the rejection of proposals would not be considered, they would recommend entering into negotiations with the top ranked proposer, Capturepoint, contingent upon the administration's review of their user/resident interface. If negotiations were not successful with the top ranked, the Committee recommended entering into negotiations with the second ranked proposer, REC1, contingent upon the request of a more revised cost estimate, security provision, administrative features, and the review of their clients feedback since no Performance Evaluation Surveys were requested by the proposers from its clients and therefore no client feedback was presented to the Committee for consideration. 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 reject all proposals received and re-issue the RFP with the following minimum requirements: The software must meet the minimum requirements and should address most, if not all, of the following Parks and Recreation Department needs. The proposals that do not meet the minimum requirements shall be deemed non-responsive and will not be further evaluated. 226 Commission Memorandum-RFP # 20-11-12 Parks and Recreation Software July 18 2012 Page6 Minimum Requirements 1. The software must be Web based. 2. The software must interact and interface with City's EDEN Financial System to process Revenue and miscellaneous other Reports. 3. The software must have online registration capability. 4. The software must have Point of Sale. 5. The software must have the ability to create internal and external reports. 6. Vendor must have successfully completed at least five (5) externally hosted software packages for a Parks & Recreation municipality. 7. The software must meet the following IT and Finance Requirements: a) Must be PCI Compliant (quarterly reports must be submitted) b) Vendor Supported and Hosted Solution shall have Mobile Capability c) The Application Administration Functions must be a log on to browser base, NOT a direct log-on to the Production Server (merchant account) d) All revenue collected from customers must be deposited into the City's Bank account within no more than three (3) days of collection, including internet based payments such as PayPal. e) Database must be Microsoft SQL compatible f) City of Miami Beach's data must be in a separate database In addition, the RFP will request proposers to submit price for the conversion of historical data from the City's current system and clearly indicate how much of the data is included in their cost proposal. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accepts the recommendation of the City Manager to reject all proposals received pursuant to Request for Proposals (RFP) No. 20-11/12 to provide an externally; hosted software package for the Parks & Recreation Department and to re-issue a Request For Proposals (RFP) with certain amended minimum requirements. T:\AGENDA\2012\7-18-12\RFP-20-11-12 Web Hosted Sofware-Memo Final. doc 227 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO REJECT ALL PROPOSALS RECEIVED PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 20-11/12, TO INSTALL AND MAINTAIN AN EXTERNALLY WEB HOSTED SOFTWARE FOR PARKS AND RECREATION; AND TO RE-ISSUE A REQUEST FOR PROPOSALS (RFP) WITH CERTAIN AMENDED MINIMUM REQUIREMENTS. WHEREAS, on December 14, 2011, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 20-11/12, to Install and Maintain an externally Web Hosted Software for the City of Miami Beach Parks and Recreation Department (RFP); and WHEREAS, RFP No. 20-11/12 was issued on January 18, 2012, with an opening date of February 29, 2012; and WHEREAS, a pre-proposal conference to provide information to the proposers submitting a response was held on February 2, 2012; and WHEREAS, BidNet issued bid notices to 155 prospective proposers, and 15 additional proposers were notified via e-mail, which resulted in the receipt of six (6) proposals; and WHEREAS, on April 26, 2012, The Active Network was notified via letter that its proposal was deemed non responsive because The Active Network did not meet minimum requirement No. 7 (d), which stated that all revenue collected from customers must be deposited into the City's bank account within no more than three (3) days of collection, including internet based payments such as Pay Pal; and WHEREAS, on June 12, 2012, Vermont Systems, Inc was notified via letter that its proposal was deemed non responsive because Vermont Systems, Inc did not meet the minimum requirement which required vendors to have successfully completed at least ten (1 0) externally hosted software packages for a Parks and Recreation municipality equally to most, if not all the above specifications, including software merging of an existing data/history within the past four years; and WHEREAS, on June 12, 2012, Unlocked Media, LLC -Stadiumroar.com was notified via letter that its proposal was deemed non responsive because Unlocked Media, LLC - Stadiumroar.com did not meet the minimum requirement which required vendors to have successfully completed at least ten (1 0) externally hosted software packages for a Parks and Recreation municipality equally to most, if not all the above specifications, including software merging of an existing data/history within the past four years; and WHEREAS, on June 12, 2012, Energov Solutions was notified via letter that its proposal was deemed non responsive because Energov Solutions did not meet the minimum requirement which required vendors to have successfully completed at least ten (10) externally hosted software packages for a Parks and Recreation municipality equally to most, if not all the above specifications, including software merging of an existing data/history within the past four years; and 228 WHEREAS, on May 4, 2012, the City Manager via Letter to Commission (LTC) No. 125-2012, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Theresa Buigas, Parks and Recreation Analyst, Parks and Recreation Department; • Bob Biles, Applications System Manager, IT Department; • Modesto Mora, Resident and Leadership Academy Graduate; • Tony Lopez, Parks and Recreation Director, Town of Miami Lakes; • Jon Groff, Resident and Chairman of the Parks and Recreational Facilities Board; • Bruce Reich, Resident and Leadership Academy Graduate • Meryl Wolfson, member of the Parks and Recreational Facilities Board; Alternates • Esther Egozi Choukroun, resident and Scott Rakow Board member; and WHEREAS, the Parks and Recreation department developed a scripted demo outline to be performed by the proposers during their presentation; and WHEREAS, the Committee convened on June 29, 2012 to receive software demonstrations from the two (2) responsive proposers; and WHEREAS, 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, pertinent information from all responsive proposers, and engaged on a 30-minute Question and Answer session; and WHEREAS, the Committee discussed its individual perceptions of the proposers' qualifications, experience, and competence, and further scored and ranked the proposers accordingly; and WHEREAS, a motion was presented by Bruce Reich, seconded by Jon Groff, and unanimously approved by all Committee members, to recommend rejecting all proposals received and issue a new RFP with revised minimum requirements which would allow for greater competition; and WHEREAS, in the alternative, the Committee further recommended, as a second motion, that should the City Manager not concur with its first motion of reject all proposals that they would recommend entering into negotiations with the top ranked proposer, Capturepoint, contingent upon the administration's review of their user/resident interface. If negotiations were not successful with the top ranked, the Committee recommended entering into negotiations with the second ranked proposer, REC1, contingent upon the request of a revised cost estimate, and a further review of the security provisions, administrative features, and their clients feedback since no Performance Evaluation Surveys were requested by the proposers from its clients and therefore, no client feedback was presented to the Committee for consideration; and WHEREAS, after considering the recommendation of the Committee, the City Manager exercised her due diligence and concurs with the Committee's recommendation and is recommending that the Mayor and the City Commission reject all proposals received and re-issue the RFP with the amended minimum requirements. 229 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\7 -18-12\RFP-20-11-12Web Hosted Software -RESO.doc APPROVED AS TO FORM & LANGUAGE &FOR CUTION '1\\oV0 Date 230 COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Mayor and City Commission of the City of Miami Beach, Florida authorizing the City Manager, and City Clerk to execute the Criminal Justice Municipality User authorization agreement for the arrest affidavit project sponsored by the Miami-Dade County Association of Chiefs of Police between the City of Miami Beach and on behalf of the Miami Beach Police Department and the Miami Dade Police Department to access and support the implementation of the automated arrest affidavit project. Key Intended Outcome Supported: Maintain crime rates at or below national trends. Supporting Data (Surveys, Environmental Scan, etc.): Safety was ranked number one by esidents as one of the factors that will make Miami Beach a better place; safety across the City fNas one of the most important areas affecting the quality of life; and 78% of Miami Beach esidents rated the quality of services provided by Miami Beach Police Department as excellent or good. Issue: Shall the City of Miami Beach execute a Criminal Justice Municipality User Authorization Agreeement with the Miami-Dade Police De artment? Item Summary/Recommendation: In an effort to reduce the prisoner processing delays at Miami-Dade County Corrections and Rehabilitation Department facilities, they have initiated an automated arrest affidavit system. Once implemented all Miami-Dade County police agencies will be required to prepare the arrest affidavit via a computer, and then send these electronically to the concerned Miami Dade County Corrections and Rehabilitation Department booking facility. With this provision in place it is expected that the processing of prisoners will be more timely. The Miami Dade Police Department is the host agency for this project, and is coordinating this effort in association with the Miami-Dade County Association of Chiefs of Police. In order to participate in this initiative, the City of Miami Beach on behalf of the Miami Beach Police Department must enter into a Criminal Justice Municipality User Authorization Agreement with the Miami-Dade Police Department. This agreement is set forth to provide user agencies via Miami-Dade County Police's system with access to 24 hours a day, 7 days a week, to information contained in the Florida Crime Information Center System (FCIC), National Crime Information Center System (NCIC), National Law Enforcement Telecommunications System (NLETS), other State and National criminal justice information systems, the motor vehicle registry, the driver license registry, the boat registry, the administrative information system, and the Miami-Dade County Association of Chiefs of Police Countywide Prisoner Processing Project as required to perform their law enforcement functions. This authorization is for the purpose of entering and making or receiving inquiries and administrative messages. To participate in this initiative there will be no costs to the City of Miami Beach. Further, the Miami Dade County, State Attorney's Office, Office of the Circuit and County Courts, Clerk of the Court and the Public Defender's Office are in support of this project. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 D 2 3 OBPI Total Financial Impact Summary: NA City Clerk's Office Legislative Tracking: Michael Gruen, Ma ager Planning and fi :~sea ~h Section SignOffs: Department Di lecto Assistant City Manager Raymond A. ~~ru 7,~ ~f I ~ 231 Account _9.Jty Manager ;(4:) ,,., AGENDA JTEM _(2_7--'I;::-.-_ DATE 7-fi-/?..- & MIAMI BEACH "'="" City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov MEMO# COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of th,e ~ Commission Kathie Brooks, Interim City Manager ;:1"4/J-· DATE: July 18, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE CITY MANAGER, AND CITY CLERK TO EXECUTE THE CRIMINAL JUSTICE MUNICIPALITY USER AUTHORIZATION AGREEMENT FOR THE ARREST AFFIDAVIT PROJECT SPONSORED BY THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE BETWEEN THE CITY OF MIAMI BEACH, ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT AND THE MIAMI- DADE POLICE DEPARTMENT WHICH SHALL ALLOW THE MIAMI BEACH POLICE DEPARTMENT TO ACCESS AND SUPPORT THE IMPLEMENTATION OF THE AUTOMATED ARREST AFFIDAVIT PROJECT. ADMINISTRATION RECOMMENDATION Approve the Resolution. ANALYSIS In an effort to reduce the prisoner processing delays at Miami-Dade County Corrections and Rehabilitation Department facilities, they have initiated an automated arrest affidavit system. Once implemented all Miami-Dade County police agencies will be required to prepare the arrest affidavit via a computer, and then send these electronically to the concerned Miami Dade County Corrections and Rehabilitation Department booking facility. With this provision in place it is expected that the processing of prisoners will be more timely. The Miami Dade Police Department is the host agency for this project, and is coordinating this effort in association with the Miami-Dade County Association of Chiefs of Police. In order to participate in this initiative, the City of Miami Beach on behalf of the Miami Beach Police Department must enter into a Criminal Justice Municipality User Authorization Agreement with the Miami-Dade Police Department. This agreement is set forth to provide user agencies via Miami-Dade County Police's system with access to 24 hours a day, 7 days a week, to information contained in the Florida Crime Information Center System (FCIC}, National Crime Information Center System (NCIC}, National Law Enforcement Telecommunications System (NLETS}, other State and National criminal justice information systems, the motor vehicle registry, the driver license registry, the 232 boat registry, the administrative information system, and the Miami-Dade County Association of Chiefs of Police Countywide Prisoner Processing Project as required to perform their law enforcement functions. This authorization is for the purpose of entering and making or receiving inquiries and administrative messages. To participate in this initiative there will be no costs to the City of Miami Beach. Further, the Miami Dade County, State Attorney's Office, Office of the Circuit and County Courts, Clerk of the Court and the Public Defender's Office are in support of this project. KB/RAM/~~ 233 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 THE CRIMINAL JUSTICE MUNICIPALITY USER AUTHORIZATION AGREEMENT FOR THE ARREST AFFIDAVIT PROJECT SPONSORED BY THE MIAMI- DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE BETWEEN. THE CITY OF MIAMI BEACH, ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT AND THE MIAMI-DADE POLICE DEPARTMENT, WHICH SHALL ALLOW THE MIAMI BEACH POLICE DEPARTMENT TO ACCESS AND SUPPORT THE IMPLEMENTATION OF THE AUTOMATED ARREST AFFIDAVIT PROJECT. WHEREAS, in an effort to facilitate the prisoner booking process at Miami-Dade County Corrections and Rehabilitation Department facilities an automated arrest affidavit has been developed; and WHEREAS, the Miami-Dade Police Department, as well as all municipal police agencies in Miami-Dade County, will be required to utilize automated arrest affidavits to book arrestees into the Miami-Dade County Corrections and Rehabilitation Department facilities; and· WHEREAS, the automated arrest affidavit has the support of the Miami-Dade County State Attorney's Office, Office of the Circuit and County Courts, Clerk of the Court and Public Defenders Office; and WHEREAS, the Miami-Dade Police Department has been designated as the Host Agency for the Miami-Dade County Association of Chiefs of Police county-wide automated Arrest Affidavit Project; and WHEREAS, Miami Beach Police Department sworn Police Officers will utilize their mobile laptop computers to prepare the text for the automated arrest affidavits, which will be linked to Miami-Dade Police Department and Miami-Dade County Corrections and Rehabilitation Department; and WHEREAS, the City of Miami Beach, on behalf of the Miami Beach Police Department, must execute a Criminal Justice Municipality User Authorization Agreement for the Arrest Affidavit Project spons'ored by the Miami-Dade County Association of Chiefs of Police; and WHEREAS, the Miami Beach Police Department shall be required to ensure that information being entered into the automated arrest affidavit is complete and accurate, and shall be responsible for the content of the information which is entered into the automated arrest affidavit. 234 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager and City Clerk are authorized to execute the Criminal Justice Municipality User Authorization Agreement for the Arrest Affidavit Project sponsored by the Miami-Dade County Association of Chiefs of Police between the City of Miami Beach, on behalf of the Miami Beach Police Department and the Miami-Dade Police Department, which shall allow the Miami Beach Police Department to access and support the implementation of the automated Arrest Affidavit Project. PASSED and ADOPTED this ___ day of Juty, 2012. ATTEST BY: RAFAEL E. GRANADO, CITY CLERK MATTI HERRERA BOWER MAYOR 235 THIS PAGE INTENTIONALLY LEFT BLANK 236 COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Mayor and City Commission of the City of Miami Beach, Florida acceptiing the donation of $7,500 from Mr. David Wallack to purchase a canine to be utilized by the Miami Beach Police Department Operations Division Crime Suppression Team,for narcotics detection seizure, apprehension and arrest of subjects involved in illegal narcotics activity. Key Intended Outcome Supported: Increase resident ratings of public safety services Supporting Data (Surveys, Environmental Scan, etc.): According to the Center for Research and Public Policy, and Business Residential Satisfaction Survey of the City of Miami Beach, esidents in 2009, indicated that their three most important areas for the City of Miami Beach to address in an effort to improve public safety throughout the City are: Preventing Crime 44.9%, Enforcing Traffic Laws 36.1% and increasing Visibility of Police in the Neighborhoods 32.4%. Issue: I Shall the City adopt the Resolution? Item Summary/Recommendation: The Miami Beach Police Department has identified a need to purchase a narcotics passive alert detection dog to curb the illegal narcotics activity that is taking place throughout the City of Miami Beach. Dogs utilized in narcotics detection are family type, non-aggressive intelligent breeds (i.e. beagles, labradors and golden retrievers) with a strong sense of smell. These dogs are trained to sit or react in a non-threatening manner when they smell illegal narcotics and can be deployed at traffic stops and various situations where illegal drugs are suspected. The dog will be purchased from the Miami Beach Police Department's current proven canine vendor, US Canine Academy. Prior to obtaining the dogs they will have been trained in basic obedience and narcotics scent detection, along with the selected Crime Suppression Team K-9 handlers. These dogs will be assigned to the Operations Division Crime Suppression Teams. Crime Suppression Teams are proactive squads of officers deployed within the City and target all criminal activity including illegal narcotics activity. Mr. David Wallack a City of Miami Beach business owner has graciously donated a sum of $7,500 for the purchase of a dog to be utilized for passive alert narcotic detection. To maintain the skill levels of the handlers and the narcotics detection ability of the dog, there will be on-going training provided by the canine vendor as well as our Canine Squad on a monthly basis. The use of these passive alert narcotics detection dogs by various law enforcement agencies has proven to be an effective means to impact illegal narcotics use and the criminality it brings to the community. Advisory Board Recommendation: I NA Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: NA City Clerk's Office Legislative Tracking: Michael Gruen, M~nager Planning and Re ~E arcn Section Sign-Offs: Department Din ~or Assistant City Manager City Manager Raymond A. Martinez, C ief l ~ Miami Beach Police \ Department ~ 1 (/ ... Iii> - MtAMI BE,ACH AGENDA ITEM C7:J DATE 2-1 1?-/ 237 ~ 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 Kathie G. Brooks, Interim City Manager /A~ 1-. July 18, 2012 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE DONATION OF $7,500 FROM MR. DAVID WALLACK TO PURCHASE A SPECIALLY TRAINED CANINE TO BE UTILIZED BY THE MIAMI BEACH POLICE DEPARTMENT'S OPERATIONS DIVISION CRIME SUPPRESSION TEAM, FOR NARCOTICS DETECTION, SEIZURE, APPREHENSION, AND ARREST OF SUBJECTS INVOLVED IN ILLEGAL NARCOTICS ACTIVITY. ADMINISTRATION RECOMMENDATION Adopt the Resolution ANALYSIS The Miami Beach Police Department has identified a need to purchase a narcotics passive alert detection dog to curb the illegal narcotics activity that is taking place throughout the City of Miami Beach. Dogs utilized in narcotics detection are family type, non-aggressive intelligent breeds (i.e. beagles, labradors and golden retrievers) with a strong sense of smell. These dogs are trained to sit or react in a non-threatening manner when they smell illegal narcotics and can be deployed at traffic stops and various situations where illegal drugs are suspected. The dog will be purchased from the Miami Beach Police Department's current proven canine vendor, US Canine Academy. Prior to obtaining the dogs they will have been trained in basic obedience and narcotics scent detection, along with the selected Crime Suppression Team K-9 handlers. These dogs will be assigned to the Operations Division Crime Suppression Teams. Crime Suppression Teams are proactive squads of officers deployed within the City and target all criminal activity including illegal narcotics activity. Mr. David Wallack a City of Miami Beach business owner has graciously donated a sum of $7,500 for the purchase of a dog to be utilized for passive alert narcotic detection. To maintain the skill levels of the handlers and the narcotics detection ability of the dog, there will be on-going training provided by the canine vendor as well as our Canine Squad on a monthly basis. The use of these passive alert narcotics detection dogs by various law enforcement agencies has proven to be an effective means to impact illegal narcotics use and the criminality it brings to the community. T:\AGENDA\2012\7-18-12\Commission Memo Donation David Wallack k-9 Dog doc.docx 238 RESOLUTION NO.-------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE DONATION OF $7,500 FROM MR. DAVID WALLACK TO PURCHASE A SPECIALLY TRAINED CANINE TO BE UTILIZED BY THE MIAMI BEACH POLICE DEPARTMENT OPERATIONS DIVISION CRIME SUPPRESSION TEAM, FOR NARCOTICS DETECTION, SEIZURE, APPREHENSION AND ARREST OF SUBJECTS INVOLVED IN ILLEGAL NARCOTICS ACTIVITY. WHEREAS, the Miami Beach Police Department has identified a need to acquire a passive-alert narcotics detection dog to impede any illegal narcotics activity which may be taking place in the City of Miami Beach; and WHEREAS, law enforcement agencies with specially trained canines have proven to be an effective means to deter crime, and the crime suppression teams are effective, proactive squads of officers deployed throughout the City of Miami Beach, to hinder criminal activity including illegal narcotics activity; and WHEREAS, Mr. David Wallack, a City of Miami Beach business owner, has graciously agreed to donate the sum of $7,500 to purchase this specialized canine for the Miami Beach Police Department crime suppression teams, which will be utilized for passive alert narcotics detection throughout the City of Miami Beach; and WHEREAS, the utilization of passive alert detection dogs by the City of Miami Beach, has proven to be an effective means to impact illegal narcotics use in the City of Miami Beach; and WHEREAS, the canine will be purchased from US Canine Academy, an approved Miami Beach Police Department canine vendor, for the sum of $7,500. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, accepting the donation of $7,500 from Mr. David Wallack to purchase a specially trained canine to be utilized by the Miami Beach Police Department Operations Division crime suppression team, for narcotics detection, seizure, apprehension and arrest of subjects involved in illegal narcotics activity. PASSED and ADOPTED this __ day of July, 2012. ATTEST BY: RAFAEL E. GRANADO, CITY CLERK 239 MATTI HERRERA BOWER MAYOR THIS PAGE INTENTIONALLY LEFT BLANK 240 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 To Amend The Contract With Radio Satellite Integrators, Inc And Appropriate The Necessary Funding To lmplementThe Public Safety Automated Vehicle Locator (AVL) For Police And Fire Departments; And Further Authorizing The Mayor And City Clerk To Execute Amendment No.1. orted: I Shall the Mayor and City Commission Adopt The Resolution? Item Summary/Recommendation: On December 8, 2010, the Mayor and City Commission of the City of Miami Beach, Florida accepted the City Manager's recommendation pertaining to the ranking of proposals pursuant to Request for Proposals (RFP) No. 39-09/10, for the acquisition of an automated vehicle locator (AVL) system and authorized the Administration to enter into negotiations with the top-ranked proposer, Radio Satellite Integrators, Inc (RSI), and further authorized the Mayor and City Clerk to execute an agreement upon the conclusion of successful negotiations by the Administration (Resolution No. 2010-7561). The Administration successfully negotiated with RSI and executed an agreement on June 27, 2011. Please refer to Appendix "A" for agreement. Subsequently, 177 devices have been installed in vehicles from the Building, Code Compliance, and Parking. Additionally, a small number have been installed in Police vehicles on a test basis. The first phase of this implementation included Code Compliance, Building Inspectors, and Parking Enforcement vehicles. The second phase extends the implementation to Police Patrol vehicles and Fire vehicles and apparatus. Additional phases of the implementation will extend to all City vehicles and equipment. In an effort to provide AVL services to Police and Fire, the AVL team met a number of times over the past six (6) months to review the specifications of the Public Safety AVL System for Police and Fire and to determine if RSI could meet the specialized requirements of Public Safety. Working cooperatively, the AVL team reduced the extensive list of requirements initially provided by the Police and Fleet Departments to the essential requirements needed. Once the essential requirements were determined, a request was sent to RSI to obtain feedback on their capability of fulfilling these requirements and the timeline for implementation of the same. RSI responded that they could meet all the specific requirements except for an integration module with NWS-CAD. Our research indicated that there was currently no AVL system integrated with NWS-CAD. To accomplish this, RSI has agreed to provide the live data to us, at no charge, and GIS will develop the application program "API" to pass the data to New World System. We have requested pricing from New World Systems and it is estimated that it would approximately cost $13,200. The City has negotiated the prices and additional system features with RSI further and recommends executing Amendment No. 1. ADOPT THE RESOLUTION Advisory Board Recommendation: Financial Information: Source o'-rf Amount Account Funds: j 1 $245,130 Police Confiscations-Federal Justice Account 603-4750-000672. I~ ~-I 2 $13,252 Fire Account tJumber 011-1230-000343 >BPT~ Total $258,382 FiHfl 1cial Impact Summary: City Clerk's Office Legislative Tracking: I Raul Aguila Si n-Offs: Department Director Ass is tan RM JO __ _ T:\AGENDA\2012\7-18-12\Publi Safety AVL -Summary.doc MIAMI BEACH 241 anager AGENDA ITEM """""""=_C._7=K--:-:::- DATE 2-/R-/2- ~ 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 Kathie G. Brooks, Interim City Manager /~ j<-' July 18, 2012 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO AMEND THE CONTRACT WITH RADIO SATELLITE INTEGRATORS, INC AND APPROPRIATE THE NECESSARY FUNDING TO IMPLEMENT THE PUBLIC SAFETY AUTOMATED VEHICLE LOCATOR (AVL) FOR POLICE AND FIRE DEPARTMENTS; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Increase Visibility of Police FUNDING Funding in the amount of $245,130 is available in the Police Confiscations-Federal Justice Account Number 603-4750-000672. Funding in the amount of $13,252 is available in the Fire Account Number 011-1230-000343. The additional funding to cover expenditures associated with the installation of the AVL system on the remaining cars from Fire and the respective monthly fees will be submitted as a budget enhancement to the FY 2013 CSL budget. BACKGROUND On December 8, 2010, the Mayor and City Commission of the City of Miami Beach, Florida accepted the City Manager's recommendation pertaining to the ranking of proposals pursuant to Request for Proposals (RFP) No. 39-09/010, for the acquisition Df an automated vehicle locator (AVL) system and authorized the Administration to enter into negotiations with the top- ranked proposer, Radio Satellite Integrators, Inc (RSI), and further authorize the Mayor and City Clerk to execute an agreement upon the conclusion of successful negotiations by the Administration (Resolution No. 2010-7561). The Administration successfully negotiated with RSI and executed an agreement on June 27, 2011. Please refer to Appendix "A" for agreement. 242 Commission Memorandum-Public Safety AVL July 18, 2012 Page2 Subsequently, 177 devices have been installed in vehicles from the Building, Code Compliance, and Parking. Additionally, a small number have been installed in Police vehicles on a test basis. The first phase of this implementation included Code Compliance, Building Inspectors, and Parking Enforcement vehicles. The second phase extends the implementation to Police Patrol vehicles and Fire vehicles and apparatus. Additional phases of the implementation will extend to all City vehicles and most equipment to include the following departments: • CIP • Public Works to include Engineering, Streets, Environmental, Storm water, Sewer, Water, and Sanitation • Parks and Recreation and Greenspace • Planning • Convention Center • TCD/REHCD(including Community Services) • IT • Ocean Rescue • Other Police Areas to include Support Tech and Chief Office • Property Management • Fleet • Central Services ANALYSIS In an effort to provide AVL services to Police and Fire, the AVL team (Patricia Walker, Kathie Brooks, Hernan Gardena, Jason Stewart, Bert Dorrestyn, Larry Bornstein, Drew Terpak, Javier Otero, Gladys Gonzalez, Nelson Martinez, and Maria Estevez) met a number of times over the past six (6) months to review the specifications of the Public Safety AVL System for Police and Fire and to determine if RSI could meet the specialized requirements of Public Safety. Working cooperatively, the AVL team reduced the extensive list of requirements initially provided by the Police and Fire Departments to the essential requirements listed below: 1. Transmittal of data up to default 15 seconds and 5 seconds when lights or siren is activates. 2. Vehicles Icon changes or flashes to indicate that lights or siren has been activated. 3. Integrate the AVL data with our New World System ("NWS") Computer Aided Dispatch System ("CAD"). 4. Send a~ alert in the event a device is tampered with. 5. Ability to create ad hock customized reports by users without vendor intervention 6. Ability to configure the system based on groups and individual vehicles. Vehicle Group shall be 2 or more vehicles. 7. Ability to impersonate one user with different identities so they can temporary or permanent part of more than one group. 8. Maintenance of data for at least 13 months. 243 Commission Memorandum-Public Safety AVL July 18, 2012 Page 3 Once the essential requirements were determined, a request was sent to RSI to obtain feedback on their capability of fulfilling the requirements and the timeline for implementation of the same. Simultaneously, Police, Fire, and Fleet Departments initiated an independent search for Public Safety AVL providers to see if there were any who met all of the essential requirements. No other company was identified that could meet the specific requirements of had an integration module for NWS-CAD. RSI, however, responded that they could meet all the specific requirements except for an integration module with NWS-CAD. Our research indicated that there was currently no AVL system integrated with NWS-CAD. To accomplish this, RSI has agreed to provide the live date to us, at no charge, and GIS will develop the application program "API" to pass the data to New World System. We have requested pricing from New World System and it is estimated that it would approximately cost $13,200. CONTACT SCOPE OF SERVICES The existing contract has the following prices. Amendment No. 1 will add the new system features to the existing contract with RSI: • Device Purchase Price for unit: $295 • Monthly Fee: The current monthly fee is $23.50. The original contract was negotiated in such as way that when the total of units ordered surpassed 300, the monthly fee will be lowered to $21.50 and if the total of units ordered surpassed 500, the monthly fee will be lowered to $21.00. It is estimated that Police will add 250 vehicles and Fire will add 61 vehicles. The City currently has 177 vehicles in the system. The total of 488 cars will bring the monthly cost to $21.50. • Installation per unit: $145. RSI will accommodate to the installation needs of Police and Fire department and perform ten (10) or more installations per day. New Features • Web Tracking Fees $6.50 per month per vehicle with data transmittal every five (5) seconds to meet the Police requirement. • Back up Battery for tamper alert: $44 per unit, one time charge, to install the back up battery. However, this item may not be necessary since the AVL Policy and Procedures are almost complete. Tampering actions to the AVL system are-- contemplated in the Policy and Procedures and will be handled as disciplinary action. " • Real time access to AVL data: RSI will provide, at no charge, real time AVL data access to the City of Miami Beach to facilitate the integration with Public Safety CAD System. • Speed limit Information: Over Speed Report with both the posted and actual speed of the vehicle. • Silverlight Implementation: Silverlight will be implemented by June 30, 2012 for the Tracking Screen. Silverlight for the administration side will be available shortly thereafter. 244 Commission Memorandum-Public Safety AVL July 18, 2012 Page4 • Reporting: Create Standardized Automatic Reports send by e-mail to the users. Ad- hock customize reporting and the ability to create and report on retroactive geofences. No charge. • Vehicle Indicators: Vehicle Icon indicator changes for a minimum of six (6) different vehicle statutes to include shotgun and/or AR15 rack, Police Emergency Lights, Siren, and Trunk. • Geofencing and Groups: Ability to configure the system based on groups and individual vehicles. Ability to impersonate one user with different identities so they can temporary or permanent part of more than one group. • Data Maintenance: RSI will maintain our data for at least 13 months. 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 Radio Satellite Integrators, Inc.; 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 to amend the contract with Radio Satellite Integrators, Inc. and appropriate the necessary funding to implement the public safety automated vehicle locator (AVL) for police and fire departments; and further authorizing the Mayor and City Clerk to execute amendment no. 1. T:\AGENDA\2012\7-18-12\Public Safety AVL -Memo.doc 245 RESOLUTION TO BE SUBMITTED 246 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Accepting The City Manager's Recommendation Pertaining To The Ranking of Firms For The Removal And Disposal of Derelict Vessels; 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, and Maintain Cit 's Infrastructure. Item Summary/Recommendation: The purpose of this RFQ is to retain sea-towing contractors for the removal and disposal of derelict vessels from public waters. The services would be utilized for abandoned and derelict vessels that can pose hazards to navigation, enviromental damage, squatting by homeless, or danger to surrounding homes, vessels and public areas. Also, in the event of a natural disaster, damage caused can include sunken boats and other debris that may impede navigation. 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 the following firms: Biscayne Towing & Salvage, Inc.; Blue Water Marine Services, Inc.; and Dock And Marine Construction, Inc. (with such renewal term commencing retroactively on May 6, 2012, and ending on May 5, 2013). 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. RFQ No. 41-11/12 was issued on May 15, 2012 which resulted in the receipt of seven (7) proposals. On June 11, 2012, the City Manager via Letter to Commission No. 155-2012 appointed an Evaluation Committee. The Committee convened on June 21, 2012, and reviewed, scored and ranked the proposals based on the published evaluation criteria. As a result of the ranking of the firms, the Committee passed a motion to enter into agreements with the six (6) firms. In the event of catastrophic event, all of these firms may not be available on a case by case basis, and contracting with them would allow for a pool of professionals to request quotes from. Upon securing quotes, the Administration would select the lowest and best proposal and issue a work order in the form of a Notice to Proceed. IT IS RECOMMENDED THAT THE MAYOR AND COMMISSION ADOPT THE RESOLUTION Advisory Board Recommendation: I N/A Financial Information: Source of Amount Funds: ~ OBP Total Financial Impact Summary: N/A MIAMI BEACH 247 Account AGENDA. ITEM DATE ~7L 7-1/J-12.- m MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager /~ 'P--· July 18, 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. 41-11/12, FOR THE REMOVAL AND DISPOSAL OF DERELICT VESSELS; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE FIRMS ADVENTURE ENVIRONMENTAL, INC., BISCAYNE TOWING & SALVAGE, INC., BLUE WATER MARINE SERVICES, INC., DOCK AND MARINE, CONSTRUCTION, INC., DRC EMERGENCY SERVICES, LLC, AND UNDERWATER ENGINEERING SERVICES, INC; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINSTRATION; AND FURTHER APPROVING THE CITY'S EXERCISE OF A ONE (1) YEAR RENEWAL TERM UNDER THE CITY'S CONTRACTS FOR DERELICT VESSEL REMOVAL AND DISPOSAL WITH THE FOLLOWING FIRMS: BISCAYNE TOWING & SALVAGE, INC.; BLUE WATER MARINE SERVICES, INC.; AND DOCK AND MARINE CONSTRUCTION, INC. (WITH SUCH RENEWAL TERM COMMENCING RETROACTIVELY ON MAY 6, 2012, AND ENDING ON MAY 5, 2013). ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Maintain Miami Beach Public Areas & Right of Ways City Wide, and Maintain City's Infrastructure. ANALYSIS/BACKGROUND The purpose of this RFQ was to retain sea-towing contractors for the removal and disposal of derelict vessels from public waters. Abandoned and Derelict vessels: Abandoned and derelict vessels can pose hazards to navigation, enviromental damage, squatting by homeless, or danger to surrounding homes, vessels and public areas. The Florida Fish and Wildlife Conservation Commission maintains a list of at risk and derelict vessels for removal. Inclusion on the list requires the vessel in question to be clearly tagged with the case number and pertinent information, photographed, and certified letters and contact attempts made to the owner or last register of the vessel. In coordination with local Marine Patrol authorities, these vessels may need to be removed and disposed of. Removals initiated by the City of Miami Beach, and subsequently Contractors pursuant to award of this RFQ, must meet all applicable FEMA, DERM, and Coast Guard rules, regulations and standards. 248 City Commission Memorandum -Removal and Disposal of Derelict Vessels July 18, 2012 Page 2 of4 Natural Disaster: Damage caused by a major natural disaster can include sunken boats and other debris that may impede navigation. Coordination should take place between the United States Coast Guard, State and local Marine Patrol, local government agencies, legal counsel, marine salvage contractors, commercial divers, and certified surveyors to ensure that navigation hazards are removed safely and efficiently. Removals initiated by the City of Miami Beach, and subsequently, Contractors pursuant to award of this RFQ, must meet all applicable FEMA, DERM, and Coast Guard rules, regulations and standards. The Mayor and City Commission at its February 8, 2012, meeting, authorized the Administration to issue an RFP for the Removal and Disposal of Derelict Vessels. The scope of services in the commission item was limited in comparison to the existing contracts, and the evaluation criteria depicted 40 points to be allocated for cost. The existing contracts are based upon quoting services on an as-needed basis, and do not contain pricing. The RFP that was published in 2006 pursuant to the existing contracts initially had cost as an evaluation criteria, which was subsequently removed. As the agenda item that approved the issuance of the RFP by the Commission included cost as a criteria, RFP No. 26-11/12 was issued with an expanded scope of services, and a cost proposal sheet requesting pricing per linear foot for sunken and not sunken vessels. The Administration was in concurrence that the most effective method of securing contracts for the removal and disposal of derelict vessels is qualifications-based, contracting with more than one qualified firm, and soliciting quotes from each of the contracted firms on an as-needed basis, whereby the City would issue a Notice to Proceed for each incident. Therefore, it was deemed in the City's best interest to cancel Request for Proposals, and issue this Request for Qualifications, with an enhanced scope of services, and thus removing the requirement to submit up-front pricing. The Mayor and City Commission at its May 9, 2012, meeting, authorized the City Administration to cancel the RFP and issue this RFQ for the removal and disposal of derelict vessels. 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. RFQ PROCESS RFQ No. 41-11/12 was issued on May 15, 2012, and the Procurement Division e-mailed, as well as uploaded the RFP to Bid Net, sending notifications to over 20 firms. A non- mandatory pre-proposal meeting to provide information and respond to questions from prospective proposers was held on May 23, 2012. This outreach resulted in the receipt of seven (7) proposals on the due date of June 5, 2012, from the following firms: • Adventure Environmental, Inc. • Biscayne Towing & Salvage, Inc. • Blue Water Marine Services, Inc. • CB Marine Towing and Salvage, Inc. D/B/A Sea Tow Miami • Dock and Marine Construction, Inc. • DRC Emergency Services, LLC. • Underwater Engineering Services, Inc. 249 City Commission Memorandum -Removal and Disposal of Derelict Vessels July 18, 2012 Page3 of4 On June 11, 2012, the City Manager via Letter to Commission No. 155-2012 appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: Melvin Brazer Thomas Fleischhauer Jane Pierce Lesson Manny Villar Elizabeth Wheaton Eduardo Yero AI Zamora Graduate of Leadership Academy Marine Patrol, City of Miami Beach Resident and Graduate of Leadership Academy Code Compliance, City of Miami Beach Public Works Environmental, City of Miami Beach Police Department. City of Miami Beach Sanitation Director, City of Miami Beach Due to conflicts in schedules, Elizabeth Wheaton was unable to attend, and AI Zamora requested Juan Rosario, Sanitation Supervisor, to participate in his stead. The Committee convened on June 21, 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. Lieutenant Eduardo Yero was nominated as the Committee chairperson. The Committee was instructed to discuss, score and rank the proposals pursuant to the evaluation criteria established in the RFQ, which was as follows, for a total potential of 100 points: • Experience and Qualifications of the Contractor -25 points • Experience and Qualifications of the Team-25 points • Methodology and approach -20 points • Financial Stability - 1 0 points • Past performance based on references, information provided in the proposal submission, and performance evaluation surveys-20 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: 250 City Commission Memorandum -Removal and Disposal of Derelict Vessels July 18, 2012 4of4 Brazer Fleischhauer Losson Rosario Villar 2 Blue Water 3 DRC 4 Dock and Marine 5 Underwater 1 6 Sea Tow Miami 7 Yero The Committee articulated that six (6) of the seven (7) firms are well qualified and have experience in derelict vessel removal and disposal. Sea Tow Miami's proposal submission did not demonstrate substantial experience in derelict vessel removal, and the firm's equipment was limited. As a result of the ranking of the firms, the Committee passed a motion to negotiate agreements with the six (6) firms. In the event of catastrophic event, one or more of these firms may not be available on a case by case basis, and contracting with the recommended six (6) would allow for a "pool" of professionals to request quotes from. Upon securing quotes, the Administration would select the lowest and best proposal and issue a work order in the form of a Notice to Proceed. 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 the following firms: Biscayne Towing & Salvage, Inc.; Blue Water Marine Services, Inc.; and Dock And Marine Construction, Inc. (with such renewal term commencing retroactively on May 6, 2012, and ending on May 5, 2013). 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. CONCLUSION The Administration recommends that the Mayor and City Commission approve the attached Resolution which accepts the recommendation of the City Manager pertaining to the ranking of the firms pursuant to RFQ No. 41-11/12, and authorizes the Administration to enter into negotiations with Adventure Environmental, Inc, Biscayne Towing & Salvage, Inc., Blue Water Marine Services, Inc., Dock and Marine Construction, Inc., DRC Emergency Services, LLC., and Underwater Engineering Services, 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 contracts for the Removal and Disposal of Derelict Vessels with the following firms: Biscayne Towing & Salvage, Inc.; Blue Water Marine Services, Inc.; and Dock And Marine Construction, Inc. (with such renewal term commencing retroactively on May 6, 2012, and ending on May 5, 2013). T:\AGENDA\2012\7-18-12\Removal and Disposal of Derelict Vessels Memo.doc 251 Total Ranking of Firm 9 17 19 25 27 29 42 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. 41-11/12, FOR THE REMOVAL AND DISPOSAL OF DERELICT VESSELS; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE FIRMS ADVENTURE ENVIRONMENTAL, INC., BISCAYNE TOWING & SALVAGE, INC., BLUE WATER MARINE SERVICES, INC., DOCK AND MARINE, CONSTRUCTION, INC., DRC EMERGENCY SERVICES, LLC, AND UNDERWATER ENGINEERING SERVICES, 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 CONTRACTS FOR DERELICT VESSEL REMOVAL AND DISPOSAL WITH THE FOLLOWING FIRMS: BISCAYNE TOWING & SALVAGE, INC.; BLUE WATER MARINE SERVICES, INC.; AND DOCK AND MARINE CONSTRUCTION, INC. (WITH SUCH RENEWAL TERM COMMENCING RETROACTIVELY ON MAY 6, 2012, AND ENDING ON MAY 5, 2013). WHEREAS, abandoned and derelict vessels can pose hazards to navigation, enviromental damage, squatting by homeless, or danger to surrounding homes, vessels and public areas; and WHEREAS, damage caused by a major natural disaster can include sunken boats and other debris that may impede navigation; and WHEREAS, on May 9, 2012, the Mayor and City Commission approved the issuance of a Request for Qualifications (RFQ) for the Removal and Disposal of Derelict Vessels; and WHEREAS, on May 15, 2012, RFQ No. 41-11/12 was issued and notices were sent to over 20 firms; and WHEREAS, on the specified due date of June 5, 2012, the Procurement Division received responses from Adventure Environmental, Inc.; Biscayne Towing & Salvage, Inc.; Blue Water Marine Services, Inc.; CB Marine Towing and Salvage, Inc. D/B/A Sea Tow Miami; Dock and Marine Construction, Inc.; DRC Emergency Services, LLC.; and Underwater Engineering Services, Inc.; and WHEREAS, on June 11, 2012, the City Manager via Letter to Commission No. 155-2012 appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: Melvin Brazer, Graduate of Leadership Academy; Thomas Fleischhauer, Marine Patrol, City of Miami Beach; Jane Pierce Losson, Resident and Graduate of Leadership Academy; Manny Villar, Code Compliance, City of Miami Beach; Elizabeth Wheaton, Public Works Environmental, City of Miami Beach; Eduardo Yero, Police Department City of Miami Beach; AI Zamora, Sanitation Director, City of Miami Beach; and 252 WHEREAS, due to conflicts in schedules, Elizabeth Wheaton was unable to attend, and AI Zamora requested Juan Rosario, Sanitation Supervisor, to participate in his stead; and WHEREAS, the Committee convened on June 21, 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 RFQ: • Experience and Qualifications of the Contractor -25 points; • Experience and Qualifications of the Team-25 points; • Methodology and approach -20 points; • Financial Stability-1 0 points; • Past performance based on references, information provided in the proposal submission, and performance evaluation surveys -20 points; 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 Adventure Environmental, Inc, Biscayne Towing & Salvage, Inc., Blue Water Marine Services, Inc., Dock and Marine Construction, Inc., DRC Emergency Services, LLC., and Underwater Engineering Services, 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 a one (1) year renewal option under the City's contracts with Biscayne Towing & Salvage, Inc.; Blue Water Marine Services, Inc.; and Dock And Marine Construction, 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 Qualifications (RFQ) No. 41-11/12 for the Removal and Disposal of Derelict Vessels; authorize the Administration to enter into negotiations with Adventure Environmental, Inc.; Biscayne Towing & Salvage, Inc.; Blue Water Marine Services, Inc.; Dock and Marine Construction, Inc.; DRC Emergency Services, LLC.; and Underwater Engineering Services, 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 the Removal and Disposal of Derelict Vessels with the following firms: with Biscayne Towing & Salvage, Inc.; Blue Water Marine Services, Inc.; and Dock And Marine Construction, Inc.; (with such renewal term commencing retroactively on May 6, 2012 and ending on May 5, 2013). PASSED AND ADOPTED this ___ day of-------' 2012. ATTEST: Rafael E. Granado, City Clerk Matti Herrera Bower, Mayor T:\AGENDA\2012\7-18-12\Removal and Disposal of Derelict Vessels Reso.doc 253 THIS PAGE INTENTIONALLY LEFT BLANK 254 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Approving, Pursuant To Section 2-367 (d) Of The Miami Beach City Code, The Sole Source Purchase Of A Mobile Inventory Management System From Motorola Solutions Inc., Which Integrates with CityWorks, In The Estimated Total Amount Of $137,067. Ke_y Intended Outcome Supported: Maintain City's Infrastructure and Improve Storm Drainage Citywide Supporting Data {Surveys, Environmental Scan, etc.):N/A Issue: I Shall the Mayor and City Commission adopt the Resolution? Item Summary/Recommendation: The implementation of Cityworks was part of the original proposal for an Infrastructure Management System (IMS) in the Public Works Department, which included a Computerized Maintenance Management System (CMMS) integrated with a Geographic Information System (GIS). Cityworks is operational and has been in use by the following Public Works' Divisions since May 2006, and has been in use in Engineering since June 2010. Cityworks has fulfilled the Public Works Department's requirements for the past five (5) years. Azteca Systems, Inc. designs, creates, and owns the Cityworks software, including the copyright and trademark ownership. Azteca Systems, Inc. is the sole source provider and licensor of the software and therefore, the sole source provider for software maintenance services within the United States. Motorola Solutions has represented the Cityworks product over nine (9) years. Motorola Solutions commitment to the product has allowed the establishment of a strong relationship with Azteca Systems, and that success has been expanded into the current relationship they have in place with Miles Technology. Miles Technologies INVision Software is used to interface the Motorola's handheld mobile computers to Azteca Cityworks StoreRoom Module. This partnership is unique and provides the Mobile Inventory Management System offering exclusive to Cityworks, which is the only experienced implanter of the Mobile Inventory Management System that integrates with Cityworks Storeroom. This system has been installed in the maintenance warehouse of O'Hare Airport in Chicago and it has increased the efficiency and reliability of the asset management system. The Mobile Inventory Management System will solve these problems by bringing the data entry device and bar coding to the location of the materials. The total inventory of Public Works Operations Warehouse is on an average $2,600,000.00 with a total of $1,100,000.00 materials issued to work orders in a year. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Adviso Board Recommendation: The case was presented to the IT Steering Committee on July 20, 2011 and it was approved without any further recommendations. Financial Information: Source of Amount Account Funds: 1 $ 45,689 Public Works Funding-425-0410-000343 2 $ 45,689 Public Works Funding-425-0420-000343 qp 3 $ 45,689 Public Works Funding-427-0427-000343 Total $137,067 Financial Impact Summary: City Clerk's Office Legislative Tracking: j Raul Aguila Si n·Offs: Department Director MIAMI BEACH 255 AGENDA ITEM {!. 7J'1 DATE 7-IK-(1...- m MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING, PURSUANT TO SECTION 2-367 (d) OF THE MIAMI BEACH CITY CODE, THE SOLE SOURCE PURCHASE OF A MOBILE INVENTORY MANAGEMENT SYSTEM FROM MOTOROLA SOLUTIONS INC, WHICH INTEGRATES WITH CITYWORKS, IN THE ESTIMATED TOTAL AMOUNT OF $137,067. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENTDED OUTCOME SUPPORTED Maintain City's Infrastructure and Improve Storm Drainage Citywide. FUNDING The funding of $137,067 will be evenly split between the following accounts: 425-041 0-000343 -$ 45,689 425-0420-000343 -$ 45,689 427-0427-000343 -$ 45,689 $137,067 ANALYSIS The implementation of Cityworks from Azteca Systems, Inc. was part of the original proposal for an Infrastructure Management System {IMS) in the Public Works Department, which included a Computerized Maintenance Management System {CMMS) integrated with a Geographic Information System {GIS). A Request for Proposals {RFP) was issued in 2004. The contract for the development of the CMMS portion of the project was awarded to Camper Dresser, McKee, Inc. {COM) in 2005. Cityworks from Azteca was selected to be the best software system based on this RFP. Cityworks software was purchased for the City as part of the CMMS project. 256 Commission Memorandum -Cityworks Mobile Inventory Management System Sole Source July 18, 2012 Page2 Cityworks is operational and has been in use by the following Public Works' Divisions: Water, Storm Water, Sewer, Streets, Street Lights, Sanitation and GIS since May 2006, and has been in use in Engineering since June 2010. Cityworks has fulfilled the Public Works Department's requirements for the past five (5) years. Azteca Systems, Inc. designs, creates, and owns the Cityworks software, including the copyright and trademark ownership. Azteca Systems, Inc. is the sole source provider and licensor of the software and therefore, the sole source provider for software maintenance services within the United States. Motorola Solutions has represented the Cityworks product over nine (9) years. Motorola Solutions commitment to the product has allowed the establishment of a strong relationship with Azteca Systems, and that success has been expanded into the current relationship they have in place with Miles Technology. Miles Technologies INVision Software is used to interface the Motorola's handheld mobile computers to Azteca Cityworks StoreRoom Module. This partnership is unique and provides the Mobile Inventory Management System offering exclusive to Cityworks, which is the only experienced implanter of the Mobile Inventory Management System that integrates with Cityworks Storeroom. This system has been installed in the maintenance warehouse of O'Hare Airport in Chicago and it has increased the efficiency and reliability of the asset management system. This purchase will obligate the City to continue using Cityworks and the Mobile Inventory Management System from Azteca System Inc. and pay our yearly maintenance fee. The City's site license allows for unlimited amount of users of the software. If the City would decide purchasing other available software modules, these modules will have to be purchased from Azteca Systems, Inc. and/or Motorola Solutions. Sole Source Justification : After an in-depth investigation of the business needs the GIS Manager together with the Executive Director Enterprise Solutions, Mr. George Mastakas of Azteca, Inc. created the technical specification and presented these specifications to Motorola Solutions, Inc only. Based on these specifications Motorola Solutions, Inc. presented the Cityworks Mobile Inventory Management Implementation Proposal. The City's GIS Manager and Azteca Systems Inc. compared this proposal to other systems on price and capabilities. Since no other system exists with the unique integration of this system, a full comparison analysis could not be done, however, it was concluded that the price for this system is fair and reasonable. Since January 27, 2011, the date the first budgetary proposal was received, the GIS Manager had several conversations and e-mail exchanges with the Enterprise Asset Management (EAM) Product Manager from Motorola Solutions, Inc to discuss the total cost of the proposal and the different cost components of the total solution. With the use of the Miami Beach WIFI network and development support of the GIS development 2 257 Commission Memorandum -Cityworks Mobile Inventory Management System Sole Source July 18, 2012 Page 3 staff, we were able to contain the cost of the system under the available budget for this project. The City's internal Auditor reports indicated that the current process to issue materials in the Public Works Operations Warehouse had some major problems. To illustrate, issued materials are not directly entered into the system, but recorded on a paper form. The data from this form is later entered into our Computerized Maintenance Management System (CMMS) Cityworks; this process can lead to omissions and errors. Please refer to the "automation of forms" in findings 1 and 2 of the enclosed Audit Report. The Mobile Inventory Management System will solve these problems by bringing the data entry device and bar coding to the location of the materials. The total inventory of Public Works Operations Warehouse is on an average $2,600,000.00 with a total of $1,100,000.00 materials issued to work orders in a year. Motorola Solutions Inc.'s proposal includes the lnvision for Cityworks Site License, On- site and Off-site Implementation Services, purchase of six (6) Motorola Solution MC9090 Mobile Handheld Computer devices, One (1) Bar Code Printer, Wireless Infrastructure Hardware, and three (3) years of annual support and maintenance. The total amount including the three (3) years of support and maintenance is $137,067.00. Please see attached Motorola Solutions Inc.'s proposal and letters. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, adopt the attached resolution, herein approving pursuant to Section 2-367 (d) of the Miami Beach City code, the sole source purchase of a Mobile Inventory Management System from Motorola Solutions Inc, which integrates with Cityworks, in the estimated total amount of $137,067. T:\AGENDA\2012\7-18-12\Mobile Inventory Management System-Memo 1a final.docx 3 258 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING, PURSUANT TO SECTION .2- 367 (d) OF THE MIAMI BEACH CITY CODE, THE SOLE SOURCE PURCHASE OF A MOBILE INVENTORY MANAGEMENT SYSTEM FROM MOTOROLA SOLUTIONS INC, WHICH INTEGRATES WITH CITYWORKS, IN THE ESTIMATED TOTAL AMOUNT OF $137,067. WHEREAS, the implementation of Cityworks from Azteca Systems, Inc. was part of the original proposal for an Infrastructure Management System (IMS) in the Public Works Department, which included a Computerized Maintenance Management System (CMMS) integrated with a Geographic Information System (GIS). A Request for Proposals (RFP) was issued in 2004; and WHEREAS, the contract for the development of the CMMS portion of the project was awarded to Camper Dresser, McKee, Inc. (CDM) in 2005. Cityworks from Azteca was selected to be the best software system based on this RFP; Cityworks software was purchased for the City as part of the CMMS project; and WHEREAS, Cityworks is operational and has been in use by the following Public Works' Divisions: Water, Storm Water, Sewer, Streets, Street Lights, Sanitation and GIS since May 2006, and has been in use in Engineering since June 201 0; and WHEREAS, . Cityworks has fulfilled the Public Works Department's requirements for the past five (5) years. Recently, Cityworks was successfully implemented for the Convention Center, and is currently being implemented for the Property Management Division of Public Works; and WHEREAS, Motorola Solutions has represented the Cityworks product over nine (9) years. Motorola Solutions commitment to the product has allowed the establishment of a strong relationship with Azteca Systems, and that success has been expanded into the current relationship they have in place with Miles Technology; and WHEREAS, Miles Technologies INVision Software is used to interface the Motorola's handheld mobile computers to Azteca Cityworks StoreRoom Module; and WHEREAS, this partnership is .unique and provides the Mobile Inventory Management System offering exclusive to Cityworks, which is the only experienced implanter of the Mobile Inventory Management System that integrates with Cityworks Storeroom. WHEREAS, the Mobile Inventory Management System will solve these problems by bringing the data entry device and bar coding to the location of the materials; the total inventory of Public Works Operations Warehouse is on an average $2,600,000.00 with a total of $1,100,000.00 materials issued to work orders in a year; and WHEREAS, Motorola Solutions Inc.'s proposal includes the lnvision for Cityworks Site License, On-site and Off-site Implementation Services, purchase of six (6) Motorola Solution MC9090 Mobile Handheld Computer devices, One (1) Bar Code Printer, Wireless 259 Infrastructure Hardware, and three (3) years of annual support and maintenance. The total amount including the three (3) years of support and maintenance is $137,067.00; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager approving pursuant to Section 2-367 (d) of the Miami Beach City code, the sole source purchase of a Mobile Inventory Management System from Motorola Solutions Inc, which integrates with Cityworks, in the estimated total amount of $137,067. PASSED AND ADOPTED THIS ___ DAY OF ____ 2012. ATTEST: CITY CLERK MAYOR T:\AGENDA\2012\7-18-12\Mobile Inventory Sole Source-Resolution.doc 260 CITYWORKS MOBILE INVENTORY MANAGEMENT IMPLEMENTATION PROPOSAL FOR THE CITY OF MIAMI BEACH, FL March 22, 2012 The design, technical, and cost information furnished with this proposal is to be considered proprietary information of Motorola Solutions, Inc. Such information is submitted with the restriction that it is to be used only for the evaluation of the Proposal, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Proposal without the express written permission of Motorola Solutions, Inc. MOTOROLA, MOTOROLA SOLUTIONS, MOTO and the Stylized M Logo are registered in the U.S. Patent & Trademark Office. All other product or service names are the property of their respective owners. ©MOTOROLA SOLUTIONS. Inc. 2012 261 • MO.,.OROLA SOLUTIONS March 22,2012 Bert Dorrestyn GIS Manager, Public Works Department City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Tel: 305-673-7000 Ext 6347 Subject: Mobile Inventory Management Proposal for the City of Miami Beach. Dear Mr. Dorrestyn: Motorola Solutions is pleased to present the City of Miami Beach the following proposal for the expansion of Cityworks Storeroom to including mobile bar-coding technology into the warehouse. Cityworks is the market leading GIS-based asset and work order management system, with a fully integrated inventory management module, deployed in over four hundred (400) unique customer locations worldwide. The implementation ofMotorola's Mobile Inventory Management with bar-coding technology will offer improved efficiencies for materials management and work order management within the City's warehouse operations. Motorola has represented the Cityworks product for over nine years. Our commitment to the product has allowed us to establish a strong relationship with Azteca Systems, and that success has been expanded into the current relationship we have in place with Miles Technologies. These partnerships are unique in that they come together to provide the Mobile Inventory Management offering exclusive to Cityworks that is described within this proposal. As part of these relationships, Motorola remains as ihe only authorized reseller of Cityworks software and to date is the only experienced implementer of the Mobile Inventory Management system that integrates with Cityworks Storeroom. We invite you to review the content of the Mobile Inventory Management and bar-coding proposal and look forward to discussing the details of it with you in the near future. This proposal is being submitted on a firm-fixed price basis and is subject to the terms and conditions ofMotorola Solutions' existing contract (number BW8127-5/12-0TR) in place with Miami Dade County. This Motorola Solutions proposal is valid for sixty (60) days. If you have any questions regarding this proposal, please contact Jeff Cegielski, 262-253-1416, or at jeff.cegielski@motorolasolutions.com. Sincerely, ~ Motorola SolM Inc. ~d: ~ Director, Advanced Solutions Team Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Solutions Confidential Proprietary 262 1 ~MOTOROLASOLUTIONS BACKGROUND Miami Beach has an enterprise-wide labor and materials tracking solution called Cityworks, created by Azteca Systems. While Cityworks handles the material details, it does not offer an out-of-the-box wireless solution for inventory management. INVision for Cityworks is a wireless Mobile Inventory Control solution that bridges that gap and enables Miami Beach to use barcode scanning and real-time transaction and materials tracking in their warehouse. The INVision developers and Motorola Solutions have partnered up to create the INVision for Cityworks solution to add mobile wireless real-time inventory control to Cityworks' Storeroom functionality. INVision for Cityworks has been fully implemented and successfully deployed at the second largest airport facility in the U.S. by the City of Chicago Department of Aviation. Cityworks will track the PO's, the receipts, the transfers, the requisitions, and the labor for the work orders they apply to while the Storeroom application will act as a repository for the available inventory within Cityworks. INVision will enable Cityworks to maintain an accurate inventory of what is in the warehouse through barcode scanning to enable real-time posting of Purchase Order receipts, Material Requisition issues to persons or Work Orders, and Transfers of materials within the warehouse or from Warehouse to satellite Storerooms, as the transactions occur. It will also enable a free- standing cycle and physical count process to maintain inventory accuracy. INVISION SOFTWARE INTRODUCTION INVision is a real-time, Windows-based, inventory control system that addresses all of the commonly used functions in a typical warehouse environment. It incorporates the latest in wireless data collection technologies and a powerful PC database to provide timely and accurate inventory data. While INVision was created to manage the complexities of inventory control, it was designed to make those tasks very simple. INVision is a state-of-the-art, feature-rich Inventory Control Solution that is priced to be the most affordable solution in the industry. With a comprehensible GUI interface for PC workstations and an easy-to-use prompt-and- response interface for wireless data collection terminals, INVision was designed to manage and record all inventory stock movements, such as Receiving, Put Away, Moves and Picks. The system also includes Locator and Cycle Counting functionality and provides historical ~and real- time reporting for all of these transactions. INVision makes use ofboth wireless data collection terminals and PC workstations. Warehouse transactions are performed on wireless handheld terminals, and data queries, reporting and adjustments are managed on PC workstations. INVision will provide the visibility and inventory accuracy required to make informed business decisions. Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Solutions Confidential Proprietary 263 • MOTOROLA SOLUTIONS The INVision system is comprised of three major components: • INVision Client (Workstation PC App) • INVision Server (Database, RF Communication Server, Integration Server Software) • Radio Frequency Terminals Wireless· Devices INVlsion Server Host System Access Point Client PC Client PC Client PC Client PC Client PC Client PC's are used to run the INVision Desktop Client program. From this program, a user can lookup inventory, modify system settings, run reports, and adjust quantities. This part of the application was designed to allow multiple users to query the same database. Each client PC must be connected to the network to allow the program to function properly. 2 The INVision server has multiple responsibilities. First, the INVision database will reside on this machine, allowing multiple RF and Client programs to query for results. Second, the INVision RF Communications Program allows you to configure handheld behavior, monitor RF activity, and ensure database connectivity from each of the handheld devices. Finally, their may also be an INVision Server program which is responsible for importing and exporting to your host system. The Radio Frequency (RF) terminals. These devices run the INVision mobile application. This application or program allows users to Receive, Put Away, Pick, Ship, Move, Count, and Lookup inventory from tlip warehouse floor via radio connection. Although the devices are not physically connected to your network, the RF connection allows these devices to update your database in real-time, giving the Desktop Client program instant and real inventory results. Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Solutions Confidential Proprietary 264 3 • MOTOROLA SOLUTIONS SCOPE OF WORK The intent of this section is to initially identify the responsibilities of Motorola Solutions and the City regarding the scope of work, deliverables and schedule of the project described herein. This Scope of Work describes the work for professional services to be performed by Motorola Solutions for the City of Miami Beach (Customer). It delineates responsibilities between Motorola Solutions and the Customer as agreed to by the contract. Services shall be provided in accordance with a mutually agreed to consulting timeframe. The final Statement of Work, project timeframe, cost, and starting date are contingent on agreement from both parties. Motorola Solutions shall provide on-site Business Systems Analyst consulting time to the City of Miami Beach for deployment of the Mobile Inventory Management system. The on-site consulting must take place in consecutive weeks. Details of the type of work to be performed can be found under "Anticipated Project Tasks". GENERAL REQUIREMENTS Motorola Solutions and the Customer will each provide a single point of contact for all administrative, technical, and scheduling issues related to the project. MOTOROLA'S PROJECT RESPONSIBILITIES (GENERAL) ~ Provide a single point of contact responsible for managing all Motorola Solutions activities, deliverables, and schedule during the period of the contract, ~ Schedule the delivery of professional services consulting in agreement with the Customer, ~ Work with the Customer Project Manager in the resolution of project issues, ~ Motorola Solutions will provide a summary of the hours expended on the project, ~ Maintain and report overall project action items for Motorola Solutions and Customer required activities, and ~ Bring Azteca Systems in to review the fmal configuration. CITY OF MIAMJ BEACH PROJECT RESPONSIBILITIES (GENERAL) The City of Miami Beach shall be responsible for the performance of all equipment and software provided by the Customer for use by Motorola Solutions in the performance of this contract. Customer's responsibilities on this project are further defined in the SOW. If the Customer Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Solutions Confidential Proprietary 265 "' MOTOROLA SOLUTIONS employs an outsourced IT vendor to perform certain Customer identified responsibilities, the Customer is responsible for managing the outsourced IT vendor and assuring delivery according to the project plan. Customer's general responsibilities include the following: ~ Provide a customer Project Manager as a primary point of contact, ~ Provide access to key personnel in a timely manner, ~ Provide access to facilities and equipment and, ~ Provide timely responses to Motorola Solutions requests for information necessary for the performance of this contract, ~ Cooperate in the scheduling any system changes so as to minimize the downtime of the system and the impact to the Customer, ~ Support a safe work environment for all activities, ~ Work with the Motorola Solutions point of contact in the resolution of project issues, ~ Participate in and support overall project scheduling, ~ Be responsible for timely execution of Customer responsibilities as defmed in this SOW, ~ Provide all required IT infrastructure to include servers, Oracle or SQL Server and ESRI ~ Other specific tasks as defined in this SOW. PROJECT TASKS 4 "Out-of-the-box", the baseline INVision inventory control software is designed for integration with host system that supplies the Purchase Order and Sales Order information, and processes the receipts and issues acknowledgements that INVision provides. INVision retains the knowledge of precisely where in the warehouse all inventories are located, and the host system is only updated with information pertaining to receipts and issues. Originally, to simplifY the implementation costs, streamline deployment, and avoid feature- changes to the baseline system, INVision , as proposed, will be implemented at Miami Beach with this baseline functionality for the desktop application and device screens, with only the receipts/issues interface with Cityworks as "CUSTOM" development. • INVision RF Client and Desktop will be used for searching, cycle counting and maintaining the physical inventory in the Warehouse, and in the Storerooms (when applicable). .... • All inventory transactions in INVision are reflected real-time in Cityworks, and historically recorded there. • Cityworks is the interface for performing Inventory Adjustments and Work Order posting (and back-flushing the Storeroom inventories in Cityworks and INVision for the Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Solutions Confidential Proprietary 266 • MOTOROLA SOLUTIONS materials consumed "on the job"). Any such adjustments in Cityworks will be reflected near-real-time in INVision. 5 • All Purchase Orders are maintained by and within Cityworks; INVision validates receipts against those PO's and reports the receipts back to Cityworks for auditing. • Cityworks will be the primary reporting interface for the warehouse data for those associates and tradesmen of Miami Beach who do not work in the warehouses. INVISION INTEGRATION There are two primary areas of system design changes between INVision "baseline" and "INVision for Cityworks." The first involves the multiple kinds of orders that INVision system needs to support in conjunction with Cityworks, and the necessity to post all inventory moves and adjustments from INVision to Cityworks. Cityworks and INVision are both built on SQL databases, so sharing data between the two systems is a matter of utilizing queries, stored procedures, views, triggers, and SOAP methods to ensure that all inventory transactions and information is bi-directionally shared (when applicable). For example, adds and changes to the MATERIALLEAF table in Cityworks should trigger an insert or update into the ItemMaster table in INVision. This integration is subject to the limitations of the ODBC links between the platforms; Cityworks SQL services supported by Oracle, INVision is supported by MS-SQL. Communications between the two systems is managed by an INVision Data Server application that manages the required bidirectional polling. Receipts Cityworks has record ofPurchase Order Requisitions (POReq) which are be "exposed" for the INVision system to query against when performing a Receiving Transaction in the Main Warehouse. When materials are received in the main Warehouse though INVision, the receipts will be posted against the POReq in Cityworks. Cityworks' Storeroom will be updated with the additional stock quantities for the Warehouse/Storeroom for the default Bin Location for that item. All receipts will be put away by Part Number to random Bin Locations in the Warehouse in INVision. Moves Moves performed using INVision within the warehouse from one bin location to another will be reflected as a Transaction in Cityworks, but the Cityworks STORERMSTOCK tables will not be updated because there is no net change in material quantity for an intra-warehouse move. Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Solutions Confidential Proprietary 267 6 • MOTOROLA SOLUTION$ Transfers When material is transferred from the Warehouse to a Storeroom using INVision, the inventory will automatically transfer within INVision to the default Bin Location for that storeroom as defmed in the Cityworks STORERMSTOCK table, and will also post the transfer transaction for Cityworks to make a parallel update. Issues INVision has a transaction called ISSUE which enables INVision to capture the transfer of materials to a Person (as defined as a Cityworks EMPNAME), and/or to a Work Order (explicitly defmed in Cityworks) directly from the warehouse or storeroom, based on a Manual Material Requisition form. The MaterialCostiD for this transaction to be posted against will have to be audited by the Work Management Center via the submitted paper work after the fact. Issues do not have a "bill of materials" (BOM) to validate against until the material is actually pulled. So all issues are being "recorded" as the materials are being pulled for the issue; inventory is not decremented in INVision or posted to Cityworks until the Issue is "closed" as completed in INVision-any items can be returned to stock before closure via the Put-Away function after the items has been "rejected" instead of issued. Work Order Back Flush The inventory quantities in INVision and Cityworks would remain up-to-date ifiNVision's ISSUE transaction was used to post ALL material issues, including Work Orders. However, this would require a serious change in workflow for the Trades, the Work Management Center, and for the Warehouse. Work Order issues will be the exception and not the rule. Currently all issues are material issues to a Person, not a Work Order. When posting a Materials Issue in Cityworks (for a Work Order or to an individual) against the inventory in a storeroom, this should decrement the inventory in the Cityworks STORERMSTOCK table and trigger a parallel decrement of the INVision Inventory table for the Part Number at the Bin Location recorded in Cityworks STORERMSTOC via an XML Document transaction posted through integration. If INVision has only one bin location for that item in that store room, the back flush will result in identical and accurate inventory records in both INVision and Cityworks; if the inventory is stored in more than one location in INVision and the inventory was not pulled from the Primary Location (which is specific to each warehouse), then the back flush will incorrectly decrement the entire issued quantity from the storeroom's prilrtt!.ry location and possibly drive the inventory negative for that bin location--however, the aggregate quantity of that part number in the warehouse should match exactly with Cityworks Storeroom qty for that part number in the warehouse. Any discrepancies in INVision will be cleared up during cycle counting and reconciliation via moves to correct the INVision variance reports. Any Adjustments required to account for overall discrepancies between the aggregate physical count and the aggregate Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Solutions Confidential Proprietary 268 • MOTOROLA SOLUTIONS recorded inventory will need to be manually adjusted in Cityworks; such adjustments to the material quantities in Cityworks' Storeroom will be reflected in a parallel adjustment in JNVision for the inventory count primary location for the storeroom via the XML integration. Sales Orders 7 INVision has existing functionality to support a sales order process for shipping inventory out of the warehouse to an end-user customer. This functionality is useful to a distribution center, but is not applicable to the warehouse operations via Cityworks, and is suppressed and not available in the lNVision for Cityworks. IMPLEMENTATION PLAN PHASE I: START-UP JNVision for Cityworks may be run in a stand-alone fashion, where the POR's and Issues are handled in a "blind" manner, where they are recorded and tracked in lNVision, but not validated or posted against the host system. This enables JNVision to build and maintain an accurate inventory separate from any host system. It lacks the richness of the full product, but is sufficient to get the warehouse operations up and running. This is also used to test the implementation prior to completing the integration hookups with Cityworks. In order for Cityworks to function it needs, as a baseline, current, complete and accurate inventory information for the warehouse. Until they have accurate inventory information, they cannot even ''turn the key" to get the Cityworks system started. This will require the Cityworks developers to supply a one-time (or reproducible) export ofthe Item, Warehouse and Location master files from the existing databases to set the baseline. The warehouse users will then need to perform a complete physical count of all materials in the warehouse, Audit the inventory using lNVision' s Variance Report and perform any adjustments required in Cityworks to handle the discrepancies. Then Miami Beach can begin using JNVision to track all of their receipts and issues and moves into, within and out of the warehouse. PHASE II: INVISJON AND CITYWORKS Once the inventory information is deemed accurate The JNVision Implementers will return and assist Motorola with transferring a copy of the current inventory information into Cityworks, and then apply the integration tools to link up JNVision and Cityworks via the issues/receipts transactions, so that all Work Orders and Purchase Orders in Cityworks will be visible and validated against in lNVision. Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Solutions Confidential Proprietary 269 • MOTOROLA SOLUTION$ Alternatively, Cityworks could export the current inventory-by-location information (if it is available), and Miami Beach's main warehouse could begin using INVision in for inventory control, using cycle-counting over a periods of weeks, and gradually work towards acceptable inventory accuracy. All transactions would be performed using INVision, but the inventory would NOT be accurate at the beginning. 8 At this point in time, Cityworks and INVision will be integrated, and in such a manner that either system could be temporarily shut down for maintenance without causing undue or unacceptable harm to either system .... Files and transactions would just queue up until such time as the shut- down was ended and normal processing would occur. This can be implemented using XML transfers via stored procedure calls to INVision from Cityworks. SYSTEM COMPONENTS: Hardware: Software: Applications: Implementation Services: Pre-Req's: WinServer or a dedicated WinXPPro Applications Server Motorola /Symbol WLAN 6 x Motorola I Symbol MC909x Mobile Computers MCL-Net-10 6 x MCL-Clients Seagull Scientific's BarTender Enterprise Automation (BT-EA-3) INVision RF Device Application (s) (MCL Project) INVision Desktop Client Custom Integration with Cityworks System Requirements Defmition System Integration, Implementation, Installation and Training SQL Server Cityworks Developer Cooperation Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Solutions Confidential Proprietary 270 9 • MOTOROLA SOLUTIONS PROJECT OVERVIEW AND SCOPE RF-WIRELESS NETIVORK Miami Beach has a municipal WIFI network in place that may supply sufficient wireless coverage for this application. However, an infrastructure specific to the warehouse may be required for to ensure proper implementation of the mobile computing system in the warehouse. Regardless, a cursory RF Site Survey is required to validate the existing wireless infrastructure to assure proper 802.11 b/g wireless coverage. (The INVision Implementers is not responsible for cell phone coverage-see the cellular network provider.) The INVision lmplementers will perform this as an implementation step to assure that the warehouse has complete RF coverage, and to alert Miami Beach of any dead spots or holes in the coverage. Any additional wireless infrastructure or services will be quoted separately. WIRELESS INvENTORY CONTROL SOFTWARE • INVision -Deliver, install, site specifically configure, test and load customer data into the INVision Inventory Control software on Miami Beach's supplied server. Install, configure and test up to 3 Windows 2000 or above client PC's. • Cityworks Integration -Install, configure and test bi-directional transactions between INVision and Cityworks using SQL and SOAP-based methods. • Seagull Scientific's BarTender-Deliver, install, configure and test BarTender Label Printing Software for customer, for "Part Number" label automation at receiving. PROFESSIONAL SERVICES • Project Management Services -The scope of this project includes all the services related to successfully implementing INVision in Miami Beach's warehouse operations. This includes system requirements definition (SRD), solution engineering, project kick off meeting, site specific configuration, data base loading, testing, system certification, resource coordination, training, process automation consulting, and on-going support. • Cityworks Integration -Install, configure and test bi-directional transactions between INVision and Cityworks using SQL and SOAP-based methodologies. HARDWARE • Included in the scope of this project is the recommendation of wireless bar code printers, related labeling stock and supplies, scanners and wireless terminals for use with INVision for Cityworks. Also included is the delivery, set up, configuration of Bar Code Printers, Scanners, Mobile Computers, and Wireless Network components. • Please note that hardware provided under this proposal will support current industry standards for wired Ethernet using CATS cabling and Wireless 802.11 b/g standards. Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Solutions Confidential Proprietary 271 10 • MOTOROLA SOLUTIONS IMPLEMENTATION STEPS There are four steps to the basic INVision for Cityworks implementation plan: 1. System Requirement Definition (SRD) -is a critical step in a successful implementation. The Project Leader will detail the software configuration requirements, data flow with other systems involved and RF site survey for layout of the Wireless network to be used in the inventory control process, as a part of the SRD. This also details how the integration between INVision and Cityworks will occur. (Includes certification of customer supplied infrastructure such as servers, PC's, network and software component such as MS SQL Server.) This process includes a Gap Analysis to ensure that INVision for Cityworks will meet the functional needs for warehouse inventory control for Miami Beach. 2. Project Kick Off Meeting will be established with leaders and qualified participants Miami Beach, and Motorola's INVision for Cityworks implementers. The meeting will focus on tasks, responsibilities, milestones with associated dates for the project. 3. Coordination of all activities; warehouse prep, any setup and or process improvements, IT infrastructure coordination, installation, testing, training, certification and sign-off. 4. System Live a. Standalone INVision implementation phase. On the cut over day, your INVision Project Leader will be on-site the first day the system goes live, to assist with learning curve and system performance issues. b. Cityworks Integration implementation phase. On the cut over day, your INVision Project Leader will be on-site the first day the system goes live, to assist with learning curve, integration, and system performance issues. Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Solutions Confidential Proprietary 272 11 • MOTOROLA SOLUTIONS ASSUMPTIONS AND CUSTOMER RESPONSIBILITIES The following are issues that must be addressed by Miami Beach: SYSTEM INFRASTRUCTURE It is the responsibility of the customer to acquire all the additional hardware, software (including MS SQL Server and client licenses) and network components required by the INVision Inventory Control Solution. PC clients must be MS Windows 2000 or above and free of defects or operational anomalies as The INVision Implementers cannot be responsible for reconfiguring or reloading OS and end user applications. INVISION SERVER REQUIREMENTS A server running Windows 2003 (or higher) is required for INVision and the supporting utilities. This PC should be dedicated to INVision with the following minimum hardware profile; Pentium 4 processor, 256MB of system RAM, lOGBytes ofhard disk, CD, Fast Ethernet Network adapter, Super VGA graphics and Monitor, Mouse, Keyboard, Modem and Microsoft Office 2007/XP. Please note that a tape back up system is not included, it is assumed that the IT group (not Motorola) will be responsible for backup and recovery procedures with their existing processes. Please check with IT to make sure that this can be done and that they have the 'open database' tape backup agents, which allows for backup of the database while it is open or being used. Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Solutions Confidential Proprietary 273 12 • MOTOROLA SOLUTIONS HOST AND NETWORK INTERFACE From time to time the project team will need to consult with the organization or persons responsible for setting up the customer's host system and IT infrastructure. The customer is responsible for providing access to these resources. Additionally, the INVision implementers request 'supervisor-level' network access security clearance or the customer must provide equivalent support to the INVision implementers during installation and all site work. PROJECT ASSUMPTIONS: );;.> An 802.11 alb/g Wireless roaming-supporting infrastructure with complete and necessary coverage is required to support this project. Quantities and configurations presented above are for estimates, and may change based upon the results of the RF Site Survey, and assume coverage requirements for a small warehouse. );;.> The City will have all hardware available and loaded with any necessary software required for Cityworks and/or Storeroom. );;.> The consulting will take place within an eight (8) week period. );;.> The City will work with Motorola Solutions to determine a schedule for the project and will give a minimum of three weeks advance notice for all work to be performed. Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Solutions Confidential Proprietary 274 13 • MOTOROLA SOLUTIONS PRICING TABLE Component Units Description Price INVision for Site License INVision for Cityworks (Site License)--The fully $25,000.00 Cityworks Customized MCL-RF Client with INVision Desktop and Seagull's BT -EA-3 On-site On-site implementation services for INVision $37,000.00 Implementation implementation including: Services • SRD • RF coverage validation • Installation • Training • Travel Off-site Off-site implementation services for INVision $ 18,800.00 Implementation implementation including: Services • Development of bidirectional interface • Testing Annual Support Three (3) Annual maintenance agreement for INVision $ 9,600.00 and Years software. Support includes software upgrades, Maintenance technical phone support and bug fixes. Agreement Motorola Six (6) Six (6) Motorola Solutions MC9090 Mobile $28,667.00 Solutions Motorola Handheld Computers Including: MC9090 Mobile Solutions • 3-year bronze level service Handheld MC9090 • Spare Battery Computers devices • Cradle Kit 0 Cables INVision software installed and prepared to be configured for use with Cityworks Storeroom BarCode One (1) Bar Zebra 1 05SL Printer w/ Internal Print Server and $ 3,000.00 Printer Code Printer US Line Cord Wireless Wireless Infrastructure Hardware and on-site $ 15,000.00 Infrastructure Services to include: • Site Survey --• Wireless 802.11 Switch " • Access Port • Antennas • Installation Services • Travel Total Mobile Inventory Management Implementation Proposal $ 137,067.00 Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Solutions Confidential Proprietary 275 14 • MOTOROLA SOLUTIONS PAYMENT SCHEDULE The following payment schedule describes three (3) payment milestones. Payment is due Net 30 days from the date of invoice. 1 Contract Signing TBD $35,000.00 2 Software Delivery TBD $35,000.00 3 On-Site Hardware and TBD Infrastructure Installation $67,067.00 Total 100% Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Solutions Confidential Proprietary 276 • MOTOROLA SOLUTIONS May 10,2012 Patricia Walker Chief Financial Officer City of Miami Beach 1700 Convention Center Drive Miami Beach, Fl 33139 Dear Ms. Walker: Azteca systems, Inc. provides an Enterprise-GIS asset maintenance management system, Cityworks to The City of Miami Beach. Cityworks is the market leading GIS-based asset and work order management system, with a fully integrated inventory management module, deployed in over four hundred ( 400) unique customer locations worldwide. The implementation of Motorola's Mobile Inventory Management with bar-coding technology will offer improved efficiencies for materials management and work order management within the City's warehouse operations. Motorola has represented the Cityworks product for over nine years. Our commitment to the product has allowed us to establish a strong relationship with Azteca Systems, and that success has been expanded into the current relationship we have in place with Miles Technologies. These partnerships are unique in that they come together to provide the Mobile Inventory Management offering exclusive to Cityworks. Motorola is the only implementer of the Mobile Inventory Management system that integrates with Cityworks Storeroom. Please feel free to contact Jeff Cegielski at 262-253-1416 or jeff.cegielski@motorolasolutions.com if you have any questions or need any additional information. Regards, ot la Solutions, Inc. John Thompson -MSSSI Vice President Motorola Solutions Confidential Proprietary 277 May 9, 2012 Patricia Walker Chief Financial Officer City of Miami Beach 1700 Convention Center Drive Miami Beach, Fl 33139 Dear Ms. Walker, Azteca Systems, Inc. 11075 S. State Street Suite 24 Sandy, Utah 84070 (801) 523-2751 FAX: (801) 523-3734 www.citvworks.com Azteca systems, Inc. provides an Enterprise-GIS asset maintenance management system, Cityworks to the City of Miami Beach. As with all software applications developed by Azteca Systems, Inc., Azteca retains ownership of the copyright and trademark of such software and is in the sole source provider and licensor ofthe software and maintenance services. The City of Miami Beach has been a licensed user of Cityworks since May 1, 2006. Your license includes an add-on module named Cityworks Storeroom for inventory management. This module is a desktop application and to enhance its use we have partnered with Motorola, who is the only provider of Azteca approved software that enables users of Cityworks Storeroom, to perform inventory tasks through wireless mobile devices using bar-coding technology. Feel free to contact me with any questions. Regards, -George George M. Mastakas-VP, Enterprise Solutions Azteca Systems Inc. 11075 South State Street, #24 Sandy, UT 84070 main: 801.523.2751 fax: 801.523.3734 georgem@cityworks.com www.cityworks.com 278 & -~·:: ;_ .. . ' M_-lA-------M--_I B. ___ -_---E---___ Ac· • •H----_ BUDGET AND PERFORMANCE IMPROVEMENT Internal Audit Division INTERNAL AUDIT REPORT TO: VIA: FROM: DATE: AUDIT: PERIOD: Jorge M. Gonzalez, City Manager Kathie G. Brooks, Budget and Prer:zance Improvement Director James J. Sutter, Internal Audito~ November 20, 2009 Public Works Department Inventory Processing Audit October 1, 2008-July 31, 2009 This report is the result of a specially requested audit by City Management to review the processes used in the receipt, storage and distribution of inventory by the Public Works Department's warehouse. This audit did not include an inventory physical count as that will be done at fiscal year end. INTRODUCTION The Public Works warehouse located at451 Dade Boulevard, supplies materials for Public Works Water, Sewer, Streets, Streetlights and Stormwater divisions. These materials are received for and issued to the various divisions (water, sewer, storm water, etc.) and are either charged to specifically assigned job orders and individuals or to the receiving department's designated budget code. Job order numbers were created to track the cost of labor, materials, and equipment used in projects performed by the Public Works Department; to allow the Department to know the cost of the projects; and to recover the cost of repair or replacement of City property damaged by or caused by an outside party. Meanwhile, small materials and equipment as tools, raincoats, etc. that are not job specific as they are used repeatedly at more than one location are charged to the individual crew truck account to show disbursement at no charge to the employee. Finally, items like paper cups and towels that are used by other City departments are charged out directly to the receiving departments indicated budget code. Received parts are accepted by warehouse staff and compared to the packing slip, purchase requisition, etc. for completeness. In addition, the charged prices are checked against those quoted to confirm their agreement. Once approved, the inventory is accepted, entered into the Cityworks system and ultimately paid through normal procurement channels. Conversely, parts are issued to authorized personnel upon the proper completion of Public Works originated inventory issuance (MX-1) forms. Among other information, these pre-numbered sequential forms printed by Central Services require the preparer to enter the date, job order number, part number, quantity, part description, job location and issuer name. The cost assigned to the item is based on the Cityworks calculated weighted average cost which factors in each corresponding purchase made since 1984. The MX-1 form's white copy is maintained internally by the warehouse and filed by the associated number to help ensure that all are accounted for. The yellow copy is sent to the operations supervisors (Water, Sewer, etc.) typically at week end and the final (pink) copy is given to the employee receiving the inventory at the time the materials are charged out. The operations supervisors are to periodically match the yellow and pink copies to ensure agreement and investigate any differences. vVe are commllled to providing excellent public se!Vice and safety to all who live, work. one/ ploy in our vibrant, tropical, histo1ic community. 279 Internal Audit Report Public Works Warehouse Inventory Processing Audit November 20, 2009 A similar sequential pre-numbered three part MX-2 form is occasionally used to record the receipt of goods whose exact quantity is initially unknown (rock, sand, asphalt, propane, etc.). The actual amount received is determined at delivery and is documented along with such other things as the items received, their stock numbers, items descriptions, the quantities received and their cost. Warehouse staff input directly from these MX-2 forms into Cityworks with a printout attached to confirm that the information entered was correct. This supporting documentation is stored in folders by the month in which the items were received. Warehouse personnel currently consists of a Warehouse Supervisor, a Storekeeper Ill, two Storekeeper lis, a Municipal Service Worker I and an Administrative Aide I. These personnel interact with the Procurement Division, Office of Budget and Performance Improvement, Finance Department, and vendors in the purchase, receipt, and issuance of goods as well as their corresponding payment. They all have the ability to disburse inventory from the Cityworks System implemented in April1, 2006 but only the Warehouse Supervisor and Storekeeper Ill have the ability to add inventory. The Public Works Department had 115 purchase and change orders with 80 different vendors to provide services and materials totaling $1,942,010.23 for the 2008/09 fiscal year. Examples of approved vendors include Aaron Industrial Safety, Condo Electric Motor Repair, Mercedes Electric Supply Inc., Sensus Metering Systems and Universal Signs & Accessories. The ordering of needed inventory is done by the Warehouse Supervisor and/or Storekeeper Ill upon notification by the staff, review of Cityworks listed quantities or upon his/her site inspections. All parts are received at the warehouse so that someone is present to inspect it for completeness and to attest to its receipt. Afterwards, the items are brought into inventory and stored until they are charged out. A majority of the Public Works inventory is stored inside the warehouse located at 451 Dade Boulevard. It is the largest and most secure facility as it is protected by cameras and locked alarmed doors. Other inventory locations on the property also protected by cameras include the following: • Yard 1, a secure fenced area with a covered roof, is located directly south of the warehouse at the bottom of the loading dock ramp. This secure area is used to safeguard such larger, frequently issued items as selected clamps, valves, glands, etc. • Yard 2 is another secure fenced area located further south of yard 1 by the water tanks and bordering Miami Beach Senior High School. The items stored in this area consist primarily of light poles, hydrants, offsets, and caps. ... City vehicles, and assorted equipment and inventory are stored outside in the middle of the yard. Finally, large slow moving inventory is presently stored at the gated facilities located at 75th Street and Dickens Avenue and 81 51 Street and Hawthorne Avenue. Examples of inventory stored in these facilities are selected bends, sleeves, light poles and concrete bases. Page 2 of 8 280 Internal Audit Report Public Works Warehouse Inventory Processing Audit November 20, 2009 OVERALL OPINION The Public Works warehouse maintains and safeguards approximately $2 million in inventory at any given time at several locations and is continually receiving and issuing needed items. As a result, it is imperative to keep accurate, complete documentation and to follow sound internal controls to help ensure that all inventoried goods are accounted for. Internal Audit's testing showed that operations and systems appear to be functioning as intended but a number of opportunities for improvements were discovered as shown by the following: • Completed pre-numbered sequential MX-1 forms that record the issuance of inventory were not all accounted for, were not completed in a manner so as to prevent subsequent unauthorized changes and were not properly controlled to ensure that all issued parts were delivered to and used at the job site. • A comparison of the manually prepared MX-2 forms to record the receipt of inventory with the corresponding Cityworks entries found differences in 71% (5/7) of those sampled with no known means to verify which is correct. • Cityworks has not been fully implemented and needs system revisions to better satisfy Public Works warehouse's operational needs. • The Public Works Department has not updated its policies and procedures to better detail the newly instituted warehouse and Cityworks practices. • The Finance Department prepares timely monthly manual journal entries to record the issuance of materials as the Cityworks and Eden Systems do not interface well thereby increasing the possibility of mistakes. PURPOSE The purpose of this audit is to determine whether transactions are economically and efficiently processed, accurately and promptly recorded, reported and followed up; whether City assets and key forms, records, files and systems are properly safeguarded and controlled, and access thereto is restricted in accordance with management's criteria; and whether final disposition of these properties was in compliance with department policies and procedures. SCOPE 1. Confirm that documented operating policies, standards and procedures exist to ensure efficient and effective administration of the warehouse and that there is compliance with these policies, standards and procedures, as well as all laws and regulations. 2. Confirm that the CityWorks System is being fully utilized to facilitate daily operations and to accurately compile, value, and record the inventory. 3. Confirm that a proper segregation of duties and sound internal controls exist. 4. Confirm that all tested inventory transactions (addition and removal) were accurately valued, approved and processed. 5. Confirm that well organized, complete and sufficient documentation is maintained to support all tested transactions. Page 3 of 8 281 Internal Audit Report Public Works Warehouse Inventory Processing Audit November 20, 2009 FINDINGS, RECOMMENDATIONS AND MANAGEMENT RESPONSES 1. Finding-MX-1 Forms Completion All the sequentially pre~numbered MX-1 s that recorded the issuance of materials on the four randomly selected dates of 12/01/08, 03/12/09, 06/26/09 and 07/08/09 by Public Works warehouse staff were tested. These forms are manually prepared to record such pertinent information as the date in which the materials were issued, the work or job order number, who issued the materials and who received them, the part number, the quantities issued and descriptions of the items, the signatures of the employees issuing and receiving the items, etc. MX~ 1 forms have three copies with the white being maintained by the warehouse; the yellow is given by the warehouse periodically to the corresponding operational supervisor for review and the pink is kept by the employee receiving the goods. These white copies are ultimately stored inside a warehouse cabinet attached to a printout confirming entry into the Cityworks system. The following deficiencies were noted during the locating and review of the corresponding 121 MX-1 forms sampled (includes two forms labeled as "void') which could among other things helped cause the noted discrepancies between past fiscal years' end physical counts and the recorded Cityworks counts: a. The manual completion of the MX~1 forms in their present format and their subsequent entry into Cityworks is a duplication of work, entries can be later unknowingly changed, entries on the yellow and pink carbon copies can be difficult to read, etc. b. Two forms numbered 79704 and 84809 of the 121 tested or 1.65% could not be located as of the conclusion of this audit. c. .85% or 1 of the 119 MX-1 forms reviewed (numbered 79714) was missing the issuing employee's signature, while all properly contained the signatures of the individuals authorizing the issuance. d. Such important information as the part number and/or quantity issued were changed by crossing out, writing over, whiting out, etc. the listed information in 14 of the 117 or 11.97% of the MX~1 forms reviewed. They did not contain any notations as to who made the changes and the reasons why. e. The reviewed forms did not always indicate the last item charged out to prevent materials from being subsequently added that were not issued. f. The quantities of the items issued that were entered in Cityworks appeared to differ from those listed on the MX~1 forms for 2 of the 117 reviewed or 1.71%. The - corresponding MX~1 forms numbered 85035 and 85038 were written over making it " difficult to determine exactly which figure is correct. Recommendation(s): The implementation of the following recommendations concerning the completion and storage of MX~1 forms should help resolve the listed shortcomings: a. The MX-1 forms should be automated to save workers' time, to help prevent someone from later changing entries, to help ensure that all duplicate copies are Page 4 of 8 282 Internal Audit Report Public Works Warehouse Inventory Processing Audit November 20, 2009 easily read, etc. b. The missing forms or a copy thereof should be located and added to Public Works warehouse's existing files so that a complete set is maintained to help substantiate the issuance of materials. In the future, greater care should be taken to help ensure that all MX-1 forms are accounted for. c. All MX-1 forms should be fully completed at the time of issuance so that when both parties' sign they attest to the accuracy of the listed information and no changes should be forthcoming. d. If the MX-1 form is automated then any future changes would have to be entered into the computer so that a new form would be created requiring both parties to sign again. In the interim, any changes should be clearly noted, initialed by both parties and sufficiently explained to avoid any confusion when entered into the Cityworks system or a new form should be prepared. e. Under the current format, submitted forms should always contain a line drawn from the last items charged out to the bottom to help prevent others from subsequently adding parts. f. A designated warehouse employee independent of the entering process should periodically compare the entries in Cityworks with the data on the MX-1 forms for agreement. Any differences should be further investigated immediately. Management Response: A meeting was recently held between Public Works and the City's GIS Manager where it was agreed upon that a bar code inventory system should be implemented in the Cityworks warehouse module by October 201 0. 2. Finding -MX-2 Form Entry Public Works warehouse staff occasionally orders via telephone such commonly used items as asphalt, rock, sand, propane, etc. as needed. The exact quantities to be received are not known until received. At this time, pre-numbered MX-2 forms are prepared listing among other things the items received, their stock numbers, items descriptions, the quantities received and their cost. The corresponding entries into Cityworks are then printed and attached to the applicable MX-2 form to confirm accurate input. Internal Audit tested seven completed MX-2s and compared their listed information to the Cityworks entries and found the following differences: • • • • • MX-2 number 22555 dated 11/26/08 listed six more ZREC-12 parts than were entered. Additionally, Cityworks contained entries for sand and rock that were not present on the manually prepared MX-2 form. MX-2 number 22556 dated 11/25/08 contained sand, rock and mega lugs that were not entered into Cityworks. MX-2 number Z2580 dated 03/27/09 listed a $.30 less unit cost than entered into Cityworks for propane. MX-2 number 22584 dated 04/10/09 recorded less asphalt than the amount entered into the Cityworks System. MX-2 number 22589 dated 04/29/09 listed different quantities of rock and sand received. Furthermore, review of the Cityworks report showed other entries of asphalt, concrete, rock and sand that did not appear on the MX-2 form. Page 5 of 8 283 Internal Audit Report Public Works Warehouse Inventory Processing Audit November 20, 2009 Recommendation(s): As shown above, a number of differences existed in the comparison of the manually prepared MX-2 forms' data and the corresponding entries into the Cityworks system. Internal Audit had no known way to confirm which entries were correct. Going forward, the two should show agreement to facilitate independent reconciliation and they should be periodically reviewed for accuracy with any differences investigated. Finally, the MX-2 forms should also be automated to save workers' time, to help prevent someone from later changing entries, to help ensure that all duplicate copies are easily read, etc. Management Response: The incorrectly entered items specified above were minor in nature and were caused by a warehouse employee not paying attention to his work which at present time, is no longer entering items in MX or onto Cityworks. Also, the automation of MX-2 forms will be discussed with Azteca, Inc. and the City's GIS Manager to determine its feasibility. 3. Finding -Cityworks Inventory System The current Public Works warehouse inventory computer system called Cityworks was implemented April 1, 2006. Although this system contains many improvements over the previous PWK system, the following shortcomings were identified: a. Inventory items continue to be valued using a weighted average costing approach that includes all purchases made of the item since 1984. Technology advancements and component materials' price changes have caused some parts' most recent purchase prices to vary both negatively and positively from the recorded weighted average prices. As a result, fiscal year end inventory valuations continue to be impacted. Public Works Administration is currently researching the materiality ofthe conversion to FIFO (First In First Out) method of inventory valuation and plans to implement this new method pending the approval of the Finance Department. b. Maximum and minimum quantities have not yet been recorded in Cityworks to facilitate ordering. In their absence, ordering continues to be done manually which could lead to inadvertent stockouts or overstocks thereby negatively affecting carrying costs and inventory turns. c. Such important information as the quantity of items disbursed, the MX-1 number and the truck number are combined in one field under the "Comments" section in Cityworks. Consequently, this data cannot be easily separated so that it can be sorted and the desired information found quicker. For example, someone currently has to scan each entry to determine how many tools, rain coats, etc. have been charged out to a truck crew to try to determine if any abuses occurred. d. Cityworks does not alert the user as to a possible input error when entering inventory quantities that exceed the amounts designated in the previously prepared requisition. Conversely, the system does inform the enterer when the quantity is less and those items are on back order. Recommendation(s): The implementation of the following recommendations should help the City better realize Cityworks capabilities: a. Plans to convert from the weighted average inventory valuation method to first-in- first-out should be continued in an effort to more accurately reflect the actual value of the inventory currently in stock. b. Ordering should be automated to help ensure that inventory levels stay within Page 6 of 8 284 Internal Audit Report Public Works Warehouse Inventory Processing Audit November 20, 2009 desired parameters. c & d. All known Cityworks desired changes should be prioritized and senttothevendorfor their review and comments. This listing should include separating the data entered in the "Comments" section to facilitate sorting and locating and installing warnings to alert the enterer when the quantity entered exceeds the amount listed on the requisition. Management Response: A meeting was recently held between Public Works and the City's GIS Manager to further discuss these recommendations where it was agreed that implementation should occur no later than October 2010. Azteca Corp. will be contacted for discussion on Cityworks weighted average changes to first-in-first out which may be a major task/change. 4. Finding -Policies and Procedures Although descriptive and covering a wide array of topics, the Public Works Department's policies and procedures were last revised (effective 10/01/02) and did not fully address warehouse operations. Some of the previous procedures changed with the implementation of the Cityworks System in April 2006. This process is known entirely by few and should be better documented to avoid further difficulties if personnel change. Recommendation(s): The Public Works Department's operating policies and procedures should be updated as soon as possible and should more descriptively outline current warehouse operations. Policies and procedures serve both as a benchmark to measure individuals' performance and as an instruction manual in the event employees' change. Management Response: Departmental policies and procedures will be reviewed and revised as needed. They are expected to be completed by mid-January 2010. 5. Finding -Financial System Entries Public Works warehouse staff runs the Cityworks created Warehouse Issue Report Summary at month end to capture the total value of inventory issued for each applicable general ledger account. This report is then forwarded to the Finance Department for review and entry into the City's Eden System as the two systems do not interface to allow entries to be automatically uploaded. Review of March 2009 through July 2009's journal entries and supporting documentation found the following shortcomings: • Up to five separate instances were found in a given month whereby general ledger account entries into Cityworks varied for the same account causing duplicate entries. For example, general ledger account number 427-0427-000342 showed a $1,229.18 balance, while there was another entry for the same account listed as 427.0427.000342 with a $1,685.50 balance. All duplicate accounts reviewed were correctly combined and entered into Eden by the Finance Department but their existence creates additional work for someone to identify and total these accounts. • June 2009 Cityworks report incorrectly reported a total of $499.95 for general ledger account number 011-0840-0000342, which contains one too many digits (an extra zero}. The Finance Department identified the mistake and made the correct journal entry. • There was a $65.28 entry into a non-existent general ledger account number of 425- Page 7 of 8 285 Internal Audit Report Public Works Warehouse Inventory Processing Audit November 20, 2009 0342-000342 in July 2009. The Finance Department correctly identified the mistake and properly included the amount in 425-041 0-000342 in journal entry numbered 010-005. Recommendation(s): Efforts should be undertaken to determine if Cityworks can be uploaded directly into Eden to prevent the future need for these journal entries. If not possible, then Cityworks should be contacted to determine if it can be revised so that all general ledger account entries are standardized and/or City personnel should be instructed on the need for uniformity. Finally, someone designated in Public Works should review the Cityworks entries for accuracy and correct any identified mistakes. Management Response: The City's GIS Manager will discuss this request with Azteca Corp., as well as Eden Corp. A follow-up response will be provided by mid-January, 2010. EXIT CONFERENCE An exit conference was held on November 4, 2009 in the Public Works Department. Participants included Michael Alvarez (Assistant Public Works Director), Elie Fakie (Water and Sewer Superintendent), Martha Torres (Warehouse Supervisor), George Corchado (Storekeeper Ill), James Sutter (Internal Auditor) and Mark Coolidge (Senior Auditor). All parties were in agreement as to the contents of this report. Management responses were solicited and included in our report. JJS:MC:mc Audit performed by Mark Coolidge (Senior Auditor) F:\obpi\$AUD\INTERNAL AUDIT FILES\DOCOB-09\REPORTS-FINAL\PUBLIC WORKS INV PROCESSING.doc cc: Jorge Gomez, Assistant City Manager Fred Beckmann, Public Works Director Michael Alvarez, Assistant Public Works Director Patricia Walker, Chief Financial Officer Page 8 of 8 286 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, Setting A Public Hearing For The September 12, 2012 Commission Meeting To Consider Granting An Easement To Collins 3300, Lie And 3420 Collins Avenue, Lie, 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, Pursuant To The Procedures And Standards Recommended By The Land Use And Development Committee, And Finance And Citywide Projects Committee. Ke Intended Outcome Su orted: Maintain Miami Beach public areas and Right-of-Ways Citywide Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: I Shall the Mayor and the City Commission approve the Resolution? Item Summary/Recommendation: Collins 3300, LLC And 3420 Collins Avenue, LLC, (Applicants) wish to construct a hotel with accessory assembly space, a parking garage, and retail and restaurant uses. They propose to connect the Properties and provide for required parking with a subsurface parking garage beneath 34th Street. The parking garage is proposed to be 12 feet 10 inches below ground-level with a width of 50 feet and a length of approximately 93 feet. At the Historic Preservation Board meeting, the Applicants received approval (pursuant to HPB Order No. 7299) to redevelop the Properties. This proposed subterranean parking garage was then referred to the Land Use Committee and the Finance and Citywide Projects Committee for policy direction. At the Land Use Committee meeting, it was determined that an easement was the more appropriate instrument for allowing a subterranean parking facility across City right-of-way, that the value of the easement should be determined via an appraisal conducted for the City and paid for by the Applicants, and that the Commission should set a public hearing to consider granting the easement. At the Finance and Citywide Projects Committee, it was recommended to use the fee simple methodology for valuation of this easement with flexibility to adjust the valuation when appropriate, based on recommendations from the City appraiser. At this time, the Applicants have submitted a draft easement agreement. A significant amount of discussion will be required to include the terms, protection, and guarantees that City staff will need in order to recommend approval of the easement agreement. However, it is very likely that this will be completed before the September 12, 2012 Commission meeting. THE ADMINSTRATION RECOMMENDS APPROVING THE RESOLUTION. Advisory Board Recommendation: I The Historic Preservation Board has approved the proposed design. Financial Information: Source of Amount Account Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Tracking: Assistant Ci MIAMI BEACH 287 Approved AGENDA ITEM ---:C:---7,:.../(1~­ DATE J-/f-/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 FROMo Kathie G. Brooks, Interim City Manager 7~ ~ DATE: July 18, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR THE SEPTEMBER 12, 2012 COMMISSION MEETING TO CONSIDER GRANTING AN 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, PURSUANT TO THE PROCEDURES AND STANDARDS RECOMMENDED BY THE LAND USE AND DEVELOPMENT COMMITTEE, AND FINANCE AND CITYWIDE PROJECTS COMMITTEE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the resolution setting a public hearing to consider granting the easement. BACKGROUND Collins 3300, LLC And 3420 Collins Avenue, LLC, (Applicants) are owners of the properties located at 3301 Indian Creek Drive, 3400 Collins Avenue and 3420 Collins Avenue (collectively, the Properties). The properties are located in the Collins Waterfront Historic District and presently a vacant parcel, an existing 3-story hotel, and a vacant parcel, respectively. The Applicants wish to construct a 5-story hotel with an accessory assembly space on the vacant parcel at 3301 Indian Creek Drive, renovate the 3-story hotel at 3400 Collins Avenue, and construct a 6-story parking garage with accessory retail and restaurant uses on the vacant parcel at 3420 Collins Avenue. They propose to connect the Properties and provide for required parking with a subsurface parking facility beneath 34th Street. The subsurface parking facility is proposed to be 12 feet 1 0 inches below ground-level with a width of 50 feet and a length of approximately 93 feet. At the Historic Preservation Board meeting on February 14, 2012, the Applicants received approval (pursuant to HPB Order No. 7299) to redevelop the Properties. This proposed subsurface parking garage was then referred to the Land Use Committee and the Finance and Citywide Projects Committee for policy direction. At the June 13, 2012 Land Use Committee meeting, it was determined that: 1. An easement was the more appropriate instrument for allowing a subsurface parking facility across City right-of-way. 288 City Commission Memorandum-3400 Collins Avenue Subterranean Easement July 18, 2012 Page2 of3 2. The value of the easement should be determined via an appraisal conducted for the City and paid for by the Applicants. 3. The Commission should set a public hearing to consider granting the easement. At the June 28, 2012 Finance and Citywide Projects Committee, it was recommended to use the fee simple methodology for valuation of this easement with flexibility to adjust the valuation when appropriate, based on recommendations from the City appraiser. ANALYSIS There is no section of the City Code that provides guidance on the appropriateness of granting an easement. Therefore, staff has reviewed the appropriateness of the facility pursuant to the criteria established under Section 82-38 of the City Code for the proposed sale or lease of City property as it has done for the proposed aerial easement across Ocean Court for the Tides Hotel. Those criteria are: 1. Whether or not the proposed use is in keeping with city goals and objectives and conforms to the city comprehensive plan. Consistent-The property is located within the RM-2 Multifamily Residential Medium Intensity future land use category, and surrounded by this and the RM-3 Multifamily Residential High Intensity future land use category. The proposed use is underground parking garage use for the adjacent hotel facilities. The proposed use of the adjacent properties as hotel facilities is consistent with the future land use category description contained in the Comprehensive Plan. 2. The impact on adjacent property, including the potential positive or negative impacts such as diminution of open space, increased traffic, noise level or enhanced property values, improved development patterns and provision of necessary services. Based on the proposed use of the property, the city shall determine the potential impact of the project on city utilities and other infrastructure needs and the magnitude of costs associated with needed infrastructure improvements. Should it become apparent that further evaluation of traffic impact is needed, the proponent shall be responsible for obtaining a traffic impact analysis from a reputable traffic engineer. Consistent -The property in question is surrounded on both the north and south by the proposed hotel development, and the property to the east, across Collins Avenue, is under the same ownership and approved for hotel and condominium use. There would be no diminution of open space is being proposed. No additional utility or infrastructure is expected to be necessary. A traffic study was prepared as part of the development review approval process, which indicated that the proposal would not degrade the level of service of the surrounding roadway network below acceptable levels. 3. A determination as to whether or not the proposed use is in keeping with a public purpose and community needs, such as expanding the city's revenue base, creating jobs, creating a significant revenue stream, and improving the community's overall quality of life. Consistent -The proposal is associated with an important new hotel development of particular architectural distinction. This portion of the Collins Avenue corridor has not developed as rapidly as areas of the City further south, and the proposed new hotel developments in this corridor are generally seen as positive for the city's economic and 289 City Commission Memorandum-3400 Collins Avenue Subterranean Easement July 18, 2012 Page3of3 tourism development. The proposed hotel development is expected to provide a significant number of jobs, and to provide additional property tax and resort tax revenues to the City. 4. Determination as to whether or not the development is in keeping with the surrounding neighborhood, will block views or create environmental intrusions, and evaluation of the design and aesthetic considerations of the project. Consistent-The proposed easement is entirely underground, and should not create any visual or environmental impacts on the surrounding neighborhood. 5. The impact on adjacent properties, whether or not there is adequate parking, street and infrastructure needs. Consistent -There should not be any adverse impacts to adjacent properties other than those owned by the Applicants. 6. Such other issues as the city manager or his authorized designee, who shall be the city's planning director, may deem appropriate in analysis of the proposed disposition. Not applicable -The Planning Department has no other issues it deems appropriate to analyze for this proposal. The firm of Waronker and Rosen has prepared an appraisal of the subsurface easement and estimates its fee simple value at $1 ,250,000. Per the direction of the Finance and Citywide Projects Committee, staff will negotiate an easement agreement based on the fee simple value of the appraisal. At this time, the Applicants have submitted a draft easement agreement. A significant amount of discussion will be required to include the terms, protection, and guarantees that City staff will need in order to recommend approval. However, it is very likely that this will be completed before the September 12, 2012 Commission meeting. CONCLUSION The Administration recommends that the City Commission adopt the attached resolution to schedule a public hearing to consider approving the requested easement. KGB/JlHB/JJF/RWS T:\AGENDA\2012\7-18-12\revocable permits and easements\3300 Collins Subterranean Easement-Memo.doc 290 RESOLUTION NO.---- A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR THE SEPTEMBER 12, 2012 COMMISSION MEETING TO CONSIDER GRANTING AN 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, PURSUANT TO THE PROCEDURES AND STANDARDS RECOMMENDED BY THE LAND USE AND DEVELOPMENT COMMITTEE, AND FINANCE AND CITYWIDE PROJECTS COMMITTEE. WHEREAS, Collins 3300, LLC and 3420 Collins Avenue, LLC, (Applicants) are owners of the properties located at 3301 Indian Creek Drive, 3400 Collins Avenue and 3420 Collins Avenue (collectively, the Properties); and WHEREAS, the Applicants wish to connect the Properties and provide for required parking with a subsurface parking garage beneath 34th Street; and WHEREAS, the parking garage is proposed to be 12 feet 10 inches below ground-level with a width of 50 feet and a length of approximately 93 feet; and WHEREAS, the Applicants have received approval from the City's Historic Preservation Board (pursuant to HPB Order No. 7299) to redevelop the Properties; and WHEREAS, the Land Use and Development Committee, and the Finance and Citywide Projects Committee, have recommended procedures and standards by which this proposed easement should be evaluated, which are set forth in the memorandum accompanying this resolution, and which include the setting of a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, hereby set a public hearing for the September 12, 2012 Commission meeting to consider granting an 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, pursuant to the procedures and standards recommended by the Land Use and Development Committee, and Finance and Citywide Projects Committee. PASSED and ADOPTED this 18th day of July, 2012. ATTEST: Rafael Granado, City Clerk Matti Herrera Bower, Mayor -; J. ~ Lt-~e ~ T:\AGENDA\2012\7-18-12\revocable permits and easements\3300 Collins Subterranean Easement-RESO rev .doc 291 THIS PAGE INTENTIONALLY LEFT BLANK 292 Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Setting A Public Hearing For The September 12, 2012, City Commission Meeting, To Consider Granting A Revocable Permit To Seville Acquisition, LLC, As The Owner Of The Property Located At 2901 Collins Avenue, To Allow For Decorative Eyebrows To Extend 3 Feet Into And 35.45 Feet Radially Along The Public Right-Of-Way Of 29th Street And To Extend 3 Feet Into And 354 Feet Along The Public Right- Of-Way Of 30th Street. Ke Intended Outcome Su orted: Maintain Miami Beach public areas and Rights-of-Way 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 May 10, 2011, the Historic Preservation Board (HPB) approved the substantial renovation and restoration of the existing Seville Hotel located at 2901 Collins (Property). On June 14, 2011, the HPB approved the site plan and landscaping for the Property. The project plans approved by the HPB, at its regular meetings on May 10, 2011 and June 14, 2011 (pursuant to HPB File No. 7249) included the restoration of the existing "eyebrow" extending horizontally 3 feet into and 35.45 feet radially along the 29th Street public right-of-way and the reconstruction and extension of the existing "eyebrow" extending horizontally 3 feet into and 354 feet along the 30th Street public right-of-way (Attachments A and B). As a result, Seville Acquisition, LLC (Applicant), as the owner of the Property, has requested a revocable permit for the construction and maintenance of the aforestated "eyebrows." Per City Code Section 82-93, following submittal of the application for a Revocable Permit to the Public Works Department, the City Administration shall review the request and prepare a recommendation, and the City Commission should set a public hearing for consideration of the proposed revocable permit. THE ADMINSTRATION RECOMMENDS APPROVING THE RESOLUTION. Financial Information: Source of Amount Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: Ci Clerk's Office le islative Trackin n-Offs: Department Direct MIAMI BEACH Account 293 Approved AGENDA ITEM_(!_· -~-t) __ DATE 7;/f., /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 FROM: Kathie G. Brooks, Interim City Manager DATE: July 18, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR THE SEPTEMBER 12,2012, CITY COMMISSION MEETING, TO CONSIDER GRANTING A REVOCABLE PERMIT TO SEVILLE ACQUISITION, LLC, AS THE OWNER OF THE PROPERTY LOCATED AT 2901 COLLINS AVENUE, TO AllOW FOR DECORATIVE EYEBROWS TO EXTEND 3 FEET INTO AND 35.45 FEET RADIALLY ALONG THE PUBLIC RIGHT-OF-WAY OF 29TH STREET AND TO EXTEND 3 FEET INTO AND 354 FEET ALONG THE PUBLIC RIGHT-OF-WAY OF 30TH STREET. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the resolution setting a public hearing to consider the revocable permit. BACKGROUND On May 10, 2011, the Historic Preservation Board (HPB) approved the substantial renovation and restoration of the existing Seville Hotel located at 2901 Collins (Property). On June 14, 2011, the HPB approved the site plan and landscaping for the Property. The approval included: 1. The demolition of the existing 2-story cabana wing at the southeast corner of the site and its replacement with a new 5-story structure. 2. The demolition of the northwest corner of the existing Seville pedestal to construct a new 18-story structure for additional hotel rooms and condominium units. 3. The substantial demolition and reconfiguration of the entire north pedestal portion of the building for new uses, including parking, a ballroom, a nightclub, and an ice rink. 4. The reconfiguration of the majority of the site at the rear of the property with the exception of the original pool, diving platform, and outdoor pavilion, which will be retained. The project plans approved by the HPB, at its regular meetings on May 10, 2011 and June 14, 2011 (pursuant to HPB File No.7249) included the restoration of the existing "eyebrow" extending horizontally 3 feet into and 35.45 feet radially along the 29th Street public right-of-way and the reconstruction and extension of the existing "eyebrow'' extending horizontally 3 feet into and 354 feet along the 30th Street public right-of-way (Attachments A and B). As a result, Seville Acquisition, LLC (Applicant), as the owner of the Property, has requested a revocable permit for the construction and maintenance of the aforestated "eyebrows." Per City Code 294 City Commission Memorandum-2901 Collins Avenue Revocable Permit July 18, 2012 Page 2 of3 Section 82-93, following submittal of the application for a Revocable Permit to the Public Works Department, the City Administration shall review the request and prepare a recommendation, and the City Commission should set a public hearing for consideration of the proposed revocable permit. ANALYSIS Pursuant to the criteria established under Section 82-94 of the City Code for the granting/denying of revocable permits, the City 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. 2) That the Applicant holds title to an abutting property. Satisfied. The Applicant is the Fee Simple Owner of the property located at 2901 Collins Avenue. 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. 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 "eyebrows" provide pedestrian and bicyclists with shade and protection from rain. 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 295 City Commission Memorandum-2901 Collins Avenue Revocable Permit July 18, 2012 Page3 of3 property owner may also apply for a Revocable Permit 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 eyebrows 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 eyebrows are part of the design that was approved by the HPB. The HPB considered the eyebrows to be part of the best design solution for this project. CONCLUSION The Administration recommends that the City Commission adopt the attached resolution to schedule a public hearing to consider approving the revocable permit. Attachments: A Sketch of encroachment on 29th Street B. Sketch of encroachment on 30th Street KGB/JGG/FH~ T:IAGENDA\2012\7-18-12\revocable permits\2901 Collins Avenue Revocable Permit-Memo.doc 296 RESOLUTION NO.---- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR THE SEPTEMBER 12, 2012, CITY COMMISSION MEETING, TO CONSIDER GRANTING A REVOCABLE PERMIT TO SEVILLE ACQUISITION, LLC, AS THE OWNER OF THE PROPERTY LOCATED AT 2901 COLLINS AVENUE, TO ALLOW FOR DECORATIVE CONCRETE EYEBROWS TO EXTEND 3 FEET INTO AND 35.45 FEET ALONG THE PUBLIC RIGHT -OF-WAY ON 29TH STREET AND TO EXTEND 3 FEET INTO AND 354 FEET ALONG THE PUBLIC RIGHT-OF-WAY ON 30TH STREET. WHEREAS, Seville Acquisition, LLC (the Applicant) is the owner of the hotel property located at 2901 Collins Avenue (the Property); and WHEREAS, the Applicant is proposing to substantially renovate and restore the existing Seville Hotel on the Property; and WHEREAS, the project plan approved by the Historic Preservation Board (HPB) at its regular meetings on May 10, 2011, and June 14, 2011, respectively (pursuant to HPB File No. 7249), approved the project with concrete eyebrows extending into the 29th Street and 30th Street right-of- ways; and WHEREAS, on 29th Street, the proposed eyebrow extends horizontally 3 feet into and 35.45 feet along the public right-of-way; and WHEREAS, on 30th Street, the proposed eyebrow extends horizontally 3 feet into and 354 feet along the public right-of-way; and · WHEREAS, the Applicant is requesting a revocable permit from the City to construct and maintain the encroachment on and over the public right-of-way; and WHEREAS, the Public Works Department is in receipt of Applicant's completed application for a revocable permit and, accordingly, a public hearing must be set for the City Commission to consider the request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, hereby set a public hearing for the September 12, 2012, City Commission Meeting, to consider granting a revocable permit to Seville Acquisition, LLC, as the owner of the property located at 2901 Collins Avenue, to allow for decorative concrete eyebrows to extend 3 feet into and 35.45 feet along the public right-of- way on 29th Street and to extend 3 feet into and 354 feet along the public right-of-way on 30th street. PASSED and ADOPTED this 18th day of July, 2012. ATTEST: Rafael Granado, City Clerk Matti Herrera Bower, Mayor APPROVED AS TO FORM & LANGUAGE &FO ECUTION '1 \1, \t'L Dat'e Attachment A SKETCH & LEGAL DESCRIPTION BUILDING t:Ai::icMEN I LOT6 BLOCK11 29th STREET (l,IW.U BFACII DIUI'E. P,!L &, PG. 7) LOT1 '\ \ /lORl'HERLY R/YI. \'\-QU!l'-CIJJI,IB) ~ -CilY 01' 10011 • \ BrAe~!, O.R.B. ~. PAGE W, \ I· I /..----·---·--··--·----· I f...__R/'11. 50' AAOIUS CUlQ.E, I P.O. s. pC. 7 & 8, OAR. '-A..#t::::JK~'¥1 FRONT PROPERTY OF COMPANY P.B. 5, PGS. 7 & O.C.R. ---------··-----------B-L 0 . -·8 -.... ·-. ---. . ·------- . 298 Attachment B SKETCH .. & LEGA"L DESCRIPTION BUILDING EASEMENT _. .QOLL/NS,A VENUE! __ =r_ ( ~z I §~:U ~<i "J? :i !!! lXI .. ~· Ill .LOCATION MAP® SC4LE: 1 ~=200' IN Sf!CT/ON ~l!t. TOWNSHIP 53 S., RANGe 42 E. CFTY OF MIAMI P<:ACH. MfAMI-DAD£ COUNTY; FLORIDA LEGEND: ,._ • OENnW.ANGU! N> • AAO I.ENG11i D.O.R. • MIAW4)ADEOOUHTY PUBUO RI!OOROS 1.11· • UC~ BIJSINESS PJL • PIA1'800K p,(1. • POI!IT OF OURVIITIJRE P.R.<1. • POlNTOF REVEI\SEC\11\VATUR! P.T. • POlNTOFTAHGI!NCY I'G. • PAGE p.()J!, • POI!ITOF~ P.O.O. • POIII'f.OF~ Rw • RADIUS fWf • RIOHT..QF.WAY SUBJECT EASEMENT 299 SUBJECT PROPERTY AT SHADED AREA _j I ~ lJ..J ~D ~ -a:: (:) LOT 12 LOT 11 LOT 8 LOT 7 LOT 5 I I I LOT 13 ... I I · LOT 4 2: I~ -~ ,tti -~ a LOT 14 8 L 0 c ~ 12 LOT 3 .. LOT 15 PAR CEL 2 LOT 2 ~ <: -~ ~ -LOT 16 br LOT 10 LOT 9 LOT 6 ,...;:::\ PAR CEL 3 '?~\{\...! LOT 1 LOT 17 I I '--------29th STREET I I w 0 0 lLJ LOT 6 I LOT 5 :J 12.5' dJ BLOCK 8 ::S LOT 7 LOT 4 ~ 28th STREET ~ --.....,J 0 0 ~------~~----------~ l LOTB I LOT3 LOT9 I LOT2 ~ ®LOCATION MAP s:: ); ~ tiJ ~ C) ::r: tJ )J -~ "' <': ~ l1J (.) a (.) -f-. <': ~ ......! f-. ~ Condensed Title: A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, Setting A Public Hearing For The September 12, 2012 Commission Meeting, To Consider Granting An Aerial Easement Agreement With 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-foot Public Right-Of-Way Of Ocean Court At A Width Of 9'1" With A Minimum Vertical Height Of 16 Feet Above Ocean Court. Ke Intended Outcome Supported: Maintain Miami Beach public areas and Right-of-Ways Citywide Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: I Shall the Mayor and the City Commission approve the Resolution? Item Summary/Recommendation: CG Tides, LLC, CG Tides Village, LLC, CG Tides Village I, LLC and CG Tides Village II, LLC (Applicants) 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 received HPB approval (pursuant to HPB Order No. 5477) to redevelop the Collins Avenue properties and now wish to unify all the Properties with an elevated, pedestrian bridge across Ocean Court at the second level of the Tides Hotel to connect to the second level of the Molbar Building. The bridge is proposed to cross the 20-foot width of Ocean Court at a minimum vertical elevation of 16 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. The Land Use Committee and the Finance and Citywide Projects Committee for policy direction. At the June 13, 2012 Land Use Committee meeting, it was determined that an easement was the more appropriate instrument for allowing an aerial bridge across City right-of-way and that the Commission should set a public hearing to consider granting the easement. Staff has reviewed the appropriateness of the facility pursuant to the criteria established under Section 82-38 of the City Code for the proposed sale or lease of City property. The City has determined that the criteria are satisfied. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Financial Information: Source of Amount Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin n-Offs: MIAMI BEACH Account 301 AGENDA ITEM DATE Approved C7P 7--li'-l'k ~ 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 Com ission Kathie G. Brooks, Interim City Manager ~ h ~ . July 18, 2012 / • " ~ A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR THE SEPTEMBER 12, 2012 COMMISSION MEETING TO CONSIDER GRANTING AN AERIAL EASEMENT AGREEMENT WITH 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-FOOT PUBLIC RIGHT-OF-WAY OF OCEAN COURT AT A WIDTH OF 9'1" W1TH A MINIMUM VERTICAL HEIGHT OF 16 FEET ABOVE OCEAN COURT. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the Resolution. BACKGROUND CG Tides, LLC, CG Tides Village, LLC, CG Tides Village I, LLC and CG Tides Village II, LLC (Applicants) are owners of the 8-story Tides Hotel at 1220 Ocean Drive, a surface parking lot at 1201 Collins Avenue, the 3-story Molbar Building at 1221 Collins Avenue, and the 2-story Splendor Building at 1225 Collins Avenue (Properties). The Properties are located in the MXE Zoning District, the Ocean Drive/Collins Avenue Local Historic District, and the National Register Architectural District. All three buildings: the Tides Hotel designed by L. Murray Dixon and built in 1936, the Molbar designed by Henry Hohauser and constructed in 1939, and the Splendor designed by M.J. Nadel and R.M. Norden and built in 1936, are contributing historic structures, which require review and approval by the Historic Preservation Board (HPB) for any re-development. The Applicants had previously received HPB approval (pursuant to HPB Order No. 5477) to redevelop the Collins Avenue properties, to be known as the Tides Village. The Applicants now wish to unify all the Properties and have the main entry through the grand fac;ade and lobby of 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 302 City Commission Memorandum -1220 Ocean Drive Revocable Pennit July 18, 2012 Page 2of5 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 16 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. However, at the public hearing, this issue was referred to the Land Use Committee and the Finance and Citywide Projects Committee for policy direction. At the June 13, 2012 Land Use Committee meeting, it was determined that: 1. An easement was the more appropriate instrument for allowing an aerial bridge across City right-of-way. 2. The value of the easement should be determined via an appraisal conducted for the City and paid for by the Applicants. 3. The Commission should set a public hearing to consider granting the easement. At the Finance and Citywide Projects Committee, it was determined that the Applicants should pay the assessed value of the easement and should contribute to funding a "green)' alley in Ocean Court. ANALYSIS There is no section of the City Code that provides guidance on the appropriateness of granting an easement. Therefore, staff has reviewed the appropriateness of the facility pursuant to the criteria established under Section 82-38 of the City Code for the proposed sale or lease of City property. 1) Whether or not the proposed use is in keeping with city goals and objectives and conforms to the city's comprehensive plan. Satisfied. 2) The impact on adjacent properties (if any), including the potential positive or negative impacts such as diminution of open space, increased traffic, noise level, enhanced property values, improved development patterns and provision of necessary services. Based on the proposed use of the property, the city shall determine the potential impact of the project on city utilities and other infrastructure needs and the magnitude of costs associated with needed infrastructure improvements. Should it become apparent that further evaluation of traffic impact is needed, the purchaser/lessee shall be responsible for obtaining and paying for a traffic impact analysis from a reputable traffic engineer. Satisfied. The Applicants own the properties on either side of the proposed easement, and the easement should enhance the property values. There will not be any impact on City utilities, which are below ground. Other 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 303 City Commission Memorandum-1220 Ocean Drive Revocable Permit July 18, 2012 Page 3of5 easement. The easement is 16 feet above Ocean Court, so there will not be any traffic impacts. 3) A determination as to whether or not the proposed use involves a public purpose, or is in keeping with the community's needs, such as expanding the city's revenue base, reducing city costs, creating jobs, creating a significant revenue stream, and/or improving the community's overall quality of life. Satisfied. The Applicants have agreed to help fund the construction of a "green" alley adjacent to their properties that will improve the appearance and drainage of Ocean Court. Further, 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. 4) A determination as to whether or not the proposed use is in keeping with the surrounding neighborhood, will block views or create other environmental intrusions, and evaluation of the design and aesthetic considerations of the proposed development or project. Satisfied. At its regular April 10, 2012 meeting, the HPB (pursuant to HPB Order No. 7303) determined that this use is in keeping with the surrounding neighborhood and approved the proposed elevated, pedestrian bridge to connect the Properties. 5) The impact on adjacent properties, whether or not there is adequate parking, street and infrastructure needs. Satisfied. There will not be any adverse impacts to adjacent properties other than those owned by the Applicants. 6) Such other issues as the city manager or his authorized designee, who shall be the city's planning director, may deem appropriate in analysis of the proposed disposition. Satisfied. This proposed aerial easement was referred to the Land Use and Development Committee and the Finance and Citywide Project Committee for policy direction. At those meetings, it was determined that the consideration for granting this easement should be heard at a public hearing and that the Applicants should pay the assessed value of the easement. The firm of Waronker and Rosen has prepared an appraisal of the aerial easement and estimates its value at $75,000. The analysis above shows that the criteria for the proposed sale or lease of City property are satisfied, per Miami Beach City Code Sections 82-38, to allow an encroachment in the City's right-of-way to provide an aerial bridge. The request will not be detrimental to the public welfare. As this application was originally referred as a revocable permit, staff also reviewed the appropriateness of the facility pursuant to the criteria established under Section 82-94 of the City Code for the granting/denying of revocable permits. The conclusions below are included in the memorandum to provide additional information to the Commission: 1) That the applicant's need is substantial. 304 City Commission Memorandum -1220 Ocean Drive Revocable Pennit July 18, 2012 Page 4of5 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 .. 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. 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 16' 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. The Applicants have agreed to help fund the construction of a "green" alley adjacent to their properties that will improve the appearance and drainage of Ocean Court. Further, 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. 305 City Commission Memorandum -1220 Ocean Drive Revocable Permit July 18, 2012 Page 5of5 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 also satisfied. At this time, the Applicants and City staff are negotiating the terms of the easement agreement. CONCLUSION The Administration recommends that the City Commission set a public hearing at the September 12, 2012 City Commission Meeting to consider a granting an aerial easement for 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-foot public right-of-way of Ocean Court at a width of 9'1" with a minimum vertical height of 16 feet above Ocean Court Attachments: A -Rendering of proposed bridge 8 -Sketch and Legal description of the encroachment JMG/JGG/FHB/JJF /RWS/DW T:\AGENDA\2012\7-18-12\revocable permits and easements\1220 Ocean Drive-MEMO.docx 306 Attachment-A Attachr1ent B SKETCH TO ACCOMPANY LB'&AL v~·;:,·cftJYllUJV 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 --RjW--DENOTES RIGHT OF WAY LIN£ P.B. PG. P.O. C. P.O. B. DENOTES PLAT BOOK DENOTES PAGE DENOTES POINT OF COMMENCEMEN7 DENOTES POINT OF BEGINNING -N 12th STREET -'tir~--- SCALE 1 "=20' SHEET 1 OF 2 SHEETS d'ahw-.e k.e-d'hi.6.-kin. 6-d.:t.:toaia.f£.6.-.? .£lna. REVISIONS LAND SURVEYORS-ENGINEERS-LAND PLANNERS 3240 CORPORATE WAY-MIRAMAR, FL 33025 PHONE No.(954)435-7010 AX No. (954)438-3288 ORDER NO. 199849 ER DATE: APRIL 27, 2012 _......,;.__~...._~ THIS IS NOT A u BOUNDARY SURVEYn CERTIFICATE OF AUTHORIZATION No. LB-87 MARK STEVEN JOHNSON, SEC'Y. & TRE:AS. FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775 308 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-DAD£ COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHEAST CORNER OF LOT 9, BLOCK 17, OCEAN BEACH, FLA, ADDITION NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT PAGE 56 OF THE PUBLIC RECORDS OF MIAMI-DAD£ 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. SHEET 2 OF 2 SHEETS .::::S'czhw.eb-k.e-Sht~kin. 5 c7f~~oaiaf.e~., .£lna. REVISIONS LAND SURVEYORS-ENGINEERS-LAND PLAN.~NERS -3240 CORPORATE WAY-MIRAMAR, FL 33025 ORDER NO. 199849 PREPARED R MY SUPERVI : PHONE No.(954)435-7010 F~No. (954)4 3288 ~ DATE: APRIL 27, 2012 ~' THIS IS NOT A " BOUNDARY SURVEY" CfRTIFICAT£ OF AUTHORIZATION No. LB-87 MARK STEVEN JOHNSON, SEC'Y, & TR£AS. FLORIDA PROFESSIONAL LAND SURVfYOR No. 4775 309 RESOLUTION TO BE SUBMITTED 310 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute Professional Service Agreements, In Substantially The Attached Form, For General Transportation Planning And Traffic Engineering Consulting Services On An As-Needed Basis, For The City Of Miami Beach, With The Following Five Firms, AECOM USA, Inc., Atkins Global, Inc., The Corradino Group, Inc., Florida Transportation Engineers, Inc., And Gannet Flemin_g, Inc. Key Intended Outcome Supported: Maintain And Improve Traffic Flow Conditions Citywide Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction Survey, traffic appears as one of the most important areas affecting residents quality of life; 37% of residents rated traffic flow as poor; traffic is ranked number 2 by residents as one of the changes that will make Miami Beach a better place to live; traffic flow is a key driver for recommending Miami Beach as a place to live. Issue: I Shall the Mayor and City Commission approve the Resolution? Item Summary/Recommendation: Pursuant to Resolution No. 2010-27325 authorizing the Administration to negotiate with AECOM USA, Inc., Atkins Global, Inc., The Corradino Group, Inc., Florida Transportation Engineering, Inc., and Gannet Fleming, Inc. to provide General Transportation Planning and Traffic Engineering Consulting Services on an as-needed basis, the City has reached an agreement with these firms. It is the intent of the Administration to execute these contracts in order to be able to obtain specialized professional services from these firms in the transportation planning and traffic engineering fields. The execution of these contracts is a crucial step in support of the City's Key Intended Outcome. In accordance with section 287.055, Florida Statutes, known as the "Consultants' Competitive Negotiation Act", the City may enter into a "continuing contract" for Professional Architectural and Engineering Services for projects in which construction costs do not exceed $2 million or for study activities for which the fee does not exceed $200,000. The execution of these contracts will provide the flexibility of obtaining Transportation Planning and Traffic Engineering services on demand, without undergoing the time consumption of the Request for Qualifications process for each individual task. This is a critical component in developing a Departmental process of review for transportation planning, traffic engineering, and design projects. THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Funds: 1 I I 2 3 OBPI Total Financial Impact Summary:. N/A-funding will be identified at the time work is issued Si n-Offs: MIAMI BEACH 311 City Manager KGB AGENDA ITEM _C__:..7_Q::--.:..-- DATE 2-flf-/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: Kathie G. Brooks, Interim City Manager DATE: July 18, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES ON AN AS-NEEDED BASIS, FOR THE CITY OF MIAMI BEACH, WITH THE FOLLOWING FIVE FIRMS: AECOM USA, INC., ATKINS GLOBAL, INC., THE CORRADINO GROUP, INC., FLORIDA TRANSPORTATION ENGINEERING, INC., AND GANNETT FLEMING, INC. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND Pursuant to Resolution No. 2010-27325 authorizing the administration to negotiate with AECOM USA, Inc., Atkins Global, Inc., The Corradino Group, Inc., Florida Transportation Engineering, Inc., and Gannet Fleming, Inc. to provide General Transportation Planning and Traffic Engineering Consulting Services on As-Needed Basis, the City has reached an agreement with these firms. It is the intent of the administration to execute these contracts in order to be able to obtain specialized professional services from these firms in the transportation planning and traffic engineering fields. ANALYSIS In accordance with Section 287.055, Florida Statutes, known as the "Consultants' Competitive Negotiation Act", the City may enter into a "continuing contract" for professional architectural and engineering services for projects in which construction costs do not exceed $2 Million or for study activities for which the fee does not exceed $200,000. Pursuant to Request for Qualifications (RFQ), the five (5) firms selected are locally represented and strongly qualified to provide professional services as it pertains to General Transportation Planning and Traffic Engineering Consulting Services on As-Needed Basis. Pursuant to the City's Key Intended Outcome to maintain and improve traffic flow conditions citywide, the City is in need of comprehensive outside support to address traffic and transportation challenges inherent to the departmental work plan. Therefore, the execution of these contracts will T:\AGENDA\2012\7-18-12 312 City Commission Memorandum-Selection of Transportation Planning and Traffic Engineering Firms July 18, 2012 Page 2 of2 provide the flexibility of obtaining transportation planning and traffic engineering services on demand, without the Request for Qualifications process for each individual task. This is a critical component in developing a departmental process of review for transportation, planning, and design projects. In addition, it is advantageous to retain consulting firms on board in order to maintain the continuity and consistency desired for tasks and projects to be performed. These firms will provide comprehensive outside support on as-needed basis to handle the specific projects that meet the City's Key Intended Outcome. It is the intent of the City to execute these contracts in order for these firms to carry out the scope of services provided by the City. The aforementioned five (5) firms have had meetings with staff in which a preliminary agreement has been reached on the hourly rates for the basic consultant firm staff members to provide work for the task required by the city. These rates are described in Schedule C of the sample agreement. CONCLUSION The approval and execution of these contracts will allow the City to rely upon the assistance of qualified local firms specializing in the transportation planning and traffic engineering consulting fields. Attachments: Sample Agreement JGG/FHB/JJF/~~'f/&/JFD T:\AGENDA\2012\7 -18-12\ Selection of Transportation Planning and Traffic Engineering Firms T:\AGENDA\2012\7 -18-12 313 AGREEMENT BETWEEN CITY OF MIAMI BEACH AND ATKINS GLOBAL, INC. FOR GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES, ON AS NEEDED BASIS, FOR THE CITY OF MIAMI BEACH, PURSUANT TO RFQ N0.55-08/09, GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES Resolution No. 2010-27325 AGREEMENT-ACOUSTIC 314 TABLE OF CONTENTS DESCRIPTION ARTICLE 1. DEFINITIONS ARTICLE 2. BASIC SERVICES ARTICLE 3. THE CITY'S RESPONSIBILITIES ARTICLE 4. [Intentionally Omitted] ARTICLE 5. ADDITIONAL SERVICES ARTICLE 6. REIMBURSABLE EXPENSES ARTICLE 7. COMPENSATION FOR SERVICES ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS ARTICLE 10. TERMINATION OF AGREEMENT ARTICLE 11. INSURANCE ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS ARTICLE 13. [Intentionally Omitted] ARTICLE 14. LIMITATION OF LIABILITY ARTICLE 15. NOTICE ARTICLE 16. MISCELLANEOUS PROVISIONS SCHEDULES: PAGE 3 8 13 16 17 17 19 19 20 22 23 23 24 25 NOTE TO AGREEMENT SCHEDULES 30 SCHEDULE A-CONSULTANT SERVICE ORDER (SCOPE OF SERVICES) 31 SCHEDULE B-CONSULTANT COMPENSATION 35 SCHEDULE C-CONSULTANT HOURLY BILLING RATE 36 2 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 315 TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT FOR GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES This Agreement made and entered into this _day of , 2012, (Effective Date), by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as City), and Atkins Global, Inc. a State of Incorporation corporation having an office at Company's address (hereinafter referred to as Consultant). WI T N E S S E T H: WHEREAS, the City intends to contract for General Transportation Planning and Traffic Engineering Consulting Services for certain projects located within the City of Miami Beach, and wishes to engage the Consultant to provide certain professional services as same are described and set forth in Schedule "A" hereto, for such projects, to be assigned, at the City's discretion and by means of the issuance of a "Consultant Service Order" (similar to the form shown in Schedule "A" attached hereto), at the agreed fees set forth in this Agreement; and WHEREAS, the Consultant desires to contract with the City for performance of those certain professional services relative to those projects assigned by the City, pursuant to a Consultant Service Order, as described and set forth in Schedule "A", NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement herein contained, agree as follows: ARTICLE 1. DEFINITIONS 1.1 CITY (OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. 1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the 3 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 316 City. 1.3 CITY MANAGER: The "City Manager'' shall mean the chief administrative officer of the City. The City Manager shall be construed to include any duly authorized representatives designated in writing (including the Project Coordinator) with respect to any specific matter(s) concerning the Services and/or this Agreement (exclusive of those authorizations reserved to the City Commission or regulatory or administrative bodies having jurisdiction over any matter(s) related to the Project, the Services, and/or this Agreement). 1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for Qualifications No. 55-08/09, entitled "General Transportation Planning and Traffic Engineering Consulting Services" issued by the City in contemplation of this Agreement, together with all amendments thereto (if any), (the RFQ), and the Consultant's proposal in response thereto (Proposal), which is incorporated by reference to this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the Agreement shall prevail. 1.5 CONSULTANT: The named entity on page 1 of this Agreement, the "Consultant" shall mean the company/firm who has entered into a contract with the City to provide the Services described under this Agreement. When the term "Consultant" is used in this Agreement it shall also be deemed to include any officers, employees, sub-consultants, agents, and any other person or entity acting under the supervision, direction, or control of Consultant. Any sub-consultants retained by Consultant for the Project shall be subject to the prior written approval of the City Manager. Consultant shall provide the Project Coordinator with copies of the contract between Consultant and any sub-consultant's. Any such contracts shall contain provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual relationship between the City and sub-consultants. Any approval of a sub-consultant by the City shall not, in any way, shift the responsibility for the quality and acceptability by the City of the services performed by the sub-consultant, from the Consultant to City. Payment of sub-consultants shall be the responsibility of the Consultant, and shall not be cause for any increase in compensation to the Consultant for payment of the Basic Services. The quality of services and acceptability to the City of the services performed by such sub-consultants shall be the sole responsibility of Consultant. 1.6 PROJECT COORDINATOR: The "Project Coordinator'' shall mean the individual designated in writing by the City Manager who shall be the City's authorized representative to coordinate, direct, and review (on behalf of the City) all matters related to the Project (unless expressly provided 4 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 317 otherwise in this Agreement). 1.7 [Intentionally Omitted] 1.8 BASIC SERVICES: "Basic Services" shall include those services which Consultant shall perform in accordance with the terms of the Agreement (and as required to complete the Project), as further described in Article 2 and Schedule "A" hereto. In addition any Services not specifically addressed as Additional Services (as defined herein) shall be considered Basic Services. 1.9 PROJECT: The "Project" shall mean that certain project located within the City of Miami Beach,as more specifically described in Schedule "A" hereto. 1.9.1 Cost of Services: The "Cost of Services", shall mean the total cost to complete the objectives and perform the scope of services as described in Schedule "A" hereto. The Cost of Services may, from time to time, be revised or adjusted by the City, in its sole discretion, to accommodate approved modifications or changes to the Project or scope of work. 1.9.2 Project Scope: The "Project Scope" shall mean the description of the Project contained in the "Consultant Service Order" (and as same may be modified by any approved change orders). 1.10 [Intentionally Omitted] 1.1 0.1 [Intentionally Omitted] 1.1 0.2 [Intentionally Omitted] 1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations enacted after the date of this Agreement ; or other causes beyond the parties' control which have, or may be reasonably expected to have, a material adverse effect on the Project, or on the rights and obligations of the parties under this Agreement and which, by the exercise of due diligence, such parties shall not have been able to avoid; provided, however, that inclement weather (except as noted above), the acts or omissions of sub-consultants/sub-contractors, market conditions, labor conditions, construction industry price 5 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 318 trends, and similar matters which normally impact on the construction process SHALL NOT be considered a Force Majeure. If the Consultant is delayed in performing any obligation under this Agreement due to a force majeure, the Consultant shall request a time extension from the Project Coordinator within five (5) business days of said force majeure. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Consultant for extra compensation, unless additional services are required, and approved pursuant to Article 5 hereof. 1.12 [Intentionally Omitted] 1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together with all exhibits, addenda, and written amendments issued thereto), and the Consultant Service Order issued to Consultant by the City for a particular Project, and the documents prepared by Consultant in accordance with the requirements stipulated in such Consultant Service Order. The Contract Documents may also include, without limitation (together with all exhibits, addenda, and written amendments issued thereto), the invitation to bid (ITB), instructions to bidders, bid form, bid bond, an approved Change Order(s), and/or approved written order(s) for a minor change in the Work. 1.14 [Intentionally Omitted] 1.15 [Intentionally Omitted] 1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to the Agreement approved by the City (as specified below) and executed between City and Consultant, covering changes, additions, or reductions in the terms of this Agreement including, without limitation, authorizing a change in the Project, or the method and manner of performance thereof, or an adjustment in the fee and/or completion dates. Contract Amendments shall be approved by the City Commission if they exceed twenty-five thousand dollars ($25,000.00) or the City Manager if they are twenty-five thousand dollars ($25,000.00) or less (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). Even for Contract Amendments for less than twenty-five thousand ($25,000.00), the City Manager reserves the right to seek and obtain concurrence of the City Commission for approval of any such Contract Amendment. 1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to the 6 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 319 Basic Services in this Agreement, which the Consultant shall perform, at the City's option, and which have been duly authorized, in writing, by the City Manager or his authorized designee, prior to commencement of same. 1.18 [Intentionally Omitted] 1.19 SERVICES: "Services" shall mean all services, work, and actions by the Consultant performed pursuant to or undertaken under this Agreement. When the term "Services" is used in this Agreement, it shall also be deemed to refer to to the particular work, services, and/or tasks assigned to Consultant pursuant to the City's issuance of a Consultant Service Order. 1.20 [Intentionally Omitted] 1.21 [Intentionally Omitted] 1.22 SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic Services, and any Additional Services (as approved by the City), all as described inSchedule "A" hereto. It should also be noted that when the City issues a Consultant Service Order to Consultant for a particular Project, then the Scope of Services shall also be deemed to include the particular work, services, and/or tasks described and delineated in such Order. 1.23 CONSULTANT SERVICE ORDER: "Consultant Service Order" shall specifically describe and delineate the particular services (Basic and otherwise) which will be required of Consultant for the Project that is the subject of such order. 1.24 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A-Consultant Service Order (Scope of Services). Schedule B -Consultant Compensation. Schedule C -Consultant Hourly Billing Rate Schedule. 7 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 320 ARTICLE 2. BASIC SERVICES 2.1 The Consultant shall provide Basic Services under this Agreement, as set forth in Schedule "A" hereto. 2.2 The Services will be commenced by the Consultant upon receipt of a written Consultant Service Order signed by the City Manager or his/her designee. Consultant shall countersign the Consultant Service Order upon receipt, and return the signed copy to the City. 2.3 As it relates to the Services and the Project, Consultant warrants and represents to City that it is knowledgeable of Federal, State, and local laws codes, rules and regulations applicable in the jurisdiction(s) in which the Project is located, including, without limitation, applicable Florida Statutes, and State of Florida codes, rules and regulations, and local (City of Miami Beach and Miami-Dade County) ordinances, codes, and rules and regulations (collectively, "Applicable Laws"). As they relate to the Services and to the Project, the Consultant agrees to comply with all such Applicable Laws, whether now in effect or as may be amended or adopted from time to time, and shall further take into account all known pending changes to the foregoing of which it should reasonably be aware. 2.4 The Consultant warrants and represents to City that all of the Services required under this Agreement shall be performed in accordance with the standard of care normally exercised in the review of comparable projects in South Florida. Consultant warrants and represents to the City that it is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to perform the Services. Consultant warrants and represents to City that it is responsible for the technical accuracy of the Services. 2.5 The Consultant's Basic Services to be provided under this Agreement shall consist of, but not limited to, the applicable tasks outlined in Schedule "A" hereto: Notwithstanding the preceding, the Consultant Service Order issued by the City to Consultant shall delineate the Services to be provided by Consultant for the particular Project (that is the subject of such order). 2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written decisions and/or approvals issued by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant (or of any of its officers, employees, sub-consultants, agents, and/or servants), for the accuracy and competency of its/their designs, plans, technical specifications, or other technical documents, nor shall such approval and/or decisions be deemed to be an assumption of such 8 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 321 responsibility by the City for a defect, error or omission in designs, plans, technical specifications, or other technical documents; provided, however, that the Consultant shall be entitled to reasonably rely upon the accuracy and validity of written decisions and approvals furnished by the City pursuant to this Agreement. 2.7 TIME: It is understood that time is of the essence in the completion of the Project and, in this respect, the parties agree as follows: 2.7.1 Term: The term of this Agreement shall commence upon execution by the parties (subject to approval of the Agreement by the Mayor and City Commission) (the Effective Date, as referenced on page 1 hereof), and shall be in effect until the work and/or services under each Consultant Service Order issued to Consultant have been completed. Notwithstanding the preceding Term, Consultant shall adhere to any and all timelines and/or deadlines, as set forth in the Consultant Service Order issued for a particular Project. 2. 7.2 The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement, and the orderly progress of the Work. 2.7.3 The Services will be performed in a manner that shall conform to the Consultant Service Order. The Consultant may submit requests for an adjustment to the Consultant Service Order completion time, if made necessary because of undue delays resulting from untimely review taken by the City (or other governmental authorities having jurisdiction over the Project) to approve the Consultant's submissions, or any other portion of the Services requiring approval by the City (or other governmental authorities having jurisdiction over the Project). Consultant shall immediately provide the Project Coordinator with written notice stating the reason for the particular delay; the requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated schedule of completion. Upon receipt and review of Consultant's request (and such other documentation as the Project Coordinator may require), the Project Coordinator may grant a reasonable extension of time for completion of the particular work involved, and authorize that the appropriate adjustment be made to the Project Schedule. The Project Coordinator's approval (if granted) shall be in writing. 2.7.4 Nothing in this Section 2.7 shall prevent the City from exercising its rights to terminate the Agreement, as provided elsewhere herein. 9 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 322 2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working relationship with the Project Coordinator, and any and all other individuals and/or firms that have been contracted, or otherwise retained, to perform work on the Project. 2.9 The Consultant shall perform its duties under this Agreement, and under a Consultant Service Order, in a competent, timely and professional manner, and shall be responsible to the City for any failure in its performance, except to the extent that acts or omissions by the City make such performance impossible. The Consultant is responsible for the professional quality, technical accuracy, completeness, performance and coordination of all Services required under the Agreement and, specifically under any Consultant Service Order issued to the Consultant by the City (including the Services performed by sub-consultants), within the specified time period and specified cost. The Consultant shall perform the Services utilizing the skill, knowledge, and judgment ordinarily possessed and used by a proficient consulting with respect to the disciplines required for the performance of the Services in the State of Florida. The Consultant is responsible for, and shall represent to City that its work conforms to the City's requirements, as set forth in the Agreement and in any particular Consultant Service Order issued to Consultant by the City. The Consultant shall be and remain liable to the City for all damages to the City caused by the Consultant's negligent acts or errors or omissions in the performance of the work. In addition to all other rights and remedies, which the City may have, the Consultant shall, at its expense, re-perform all or any portion of the Services to correct any deficiencies which result from the Consultant's failure to perform in accordance with the above standards. Neither the City's inspection, review, approval or acceptance of, nor payment for, any of the Services required under the Agreement shall be construed to relieve the Consultant (or any sub-consultant) of its obligations and responsibilities under the Agreement, nor constitute a waiver of any of the City's rights under the Agreement, or of any cause of action arising out of the performance of the Agreement. The Consultant and its sub-consultants shall be and remain liable to the City in accordance with Applicable Laws for all damages to City caused by any failure of the Consultant or its sub-consultants to comply with the terms and conditions of the Agreement or by the Consultant or any sub-consultants' misconduct, unlawful acts, negligent acts, errors or omissions in the performance of the Agreement. With respect to the performance of Services by sub-consultants, the Consultant shall, in approving and accepting such Services, ensure the professional quality, completeness, and coordination of the sub-consultant's Services. 2.9.1 Consultant Performance Evaluation: The Consultant is advised that a performance evaluation of the work and or services rendered throughout this Agreement will be completed 10 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 323 by the City and kept in the City's files for evaluation of future solicitations. 2.10 The City shall have the right, at any time, in its sole and absolute discretion, to submit for review to other consultants (engaged by the City at its expense) any or all parts of the Services and the Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review, or consider any Services performed by Consultant (including, without limitation, contractors, other design professionals, and/or other consultants retained by the City), the intent of such requirement is to enable the Consultant to receive input from others' professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for the review of comparable projects; or which are inconsistent with Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by the City under this Agreement. Consultant will use reasonable care and skill, in accordance and consistent with customary professional standards, in responding to items identified by other reviewers in accordance with this subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation (and where applicable), via a set of marked-up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be defined to mean as soon as possible under the circumstances, taking into account the timelines of the Project Schedule. 2.11 [Intentionally Omitted] 2.12 Consultant agrees that when any portion of the Services relates to a professional service which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal entitlement to practice and/or perform such Service(s), it shall employ and/or retain only qualified duly licensed certified personnel to provide same. 2.13 Consultant agrees to designate, in writing, within five (5) calendar days after receiving a fully executed Consultant Service Order, a qualified licensed professional to serve as its project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of the Services. Consultant's Project Manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who in this case shall be the Project Coordinator). Replacement (including reassignment) of an approved Project Manager shall not be made without the prior written approval of the City Manager or his designee (i.e. the Project Coordinator). 2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice from the City Manager or his designee (which notice shall state the cause therefore), to promptly 11 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 324 remove and replace a Project Manager, or any other personnel employed or otherwise retained by Consultant for the Project (including, without limitation, any sub-consultants). 2.14 Consultant agrees not to divulge, furnish or make available to any third party(ies), any non- public information concerning the Services or the Project, without the prior written consent of the City Manager or his designee (who shall be the Project Coordinator), unless such disclosure is incident to the proper performance of the Services; or the disclosure is required pursuant to Florida Public Records laws; or, in the course of judicial proceedings, where such information has been properly subpoenaed. Consultant shall also require its employees and sub-consultants to comply with this subsection. 2.15 The City and Consultant acknowledge that the Services, as described in this Agreement and in Schedule "A" hereto, do not delineate every detail and minor work task required to be performed by Consultant to complete the work and/or services described and delineated under a Consultant Service Order issued to Consultant by the City for a particular Project. If, during the course of performing work,- services and/or tasks on a particular Consultant Service Order, Consultant determines that work and/or services should be performed to complete the Project (delineated under such Order) which is, in the Consultant's reasonable opinion, outside the level of effort originally anticipated in the Consultant Service Order (issued for the particular Project), then Consultant shall promptly notify the Project Coordinator, in writing, and must obtain the Project Coordinator's written consent before proceeding with such work and/or services. If Consultant proceeds with any such additional work and/or services without obtaining the prior written consent of the Project Coordinator, said work and/or services shall be deemed to be a Basic Service under this Agreement and shall also be deemed to be within the scope of services delineated in the Consultant Service Order (whether or not specifically addressed in such scope of services). Mere notice by Consultant to the Project Coordinator shall not constitute authorization or approval by the City to perform such work and/or services. Performance of any such work and/or services by Consultant without the prior written consent of the Project Coordinator shall be undertaken at Consultant's sole risk and liability. 2.16 Consultant shall establish, maintain, and categorize any and all Project documents and records pertinent to the Services and shall provide the City, upon request, with copies of any and all such documents and/or records. In addition, Consultant shall provide electronic document files to the City upon completion of the Project. 2.17 The City's participation in the review of the Project shall in no way be deemed to relieve the 12 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 325 Consultant of its professional duties and responsibilities under the Contract Documents or under Applicable Laws. 2.18 [Intentionally Omitted] 2.19 SUB-CONSULTANTS: All services provided by sub-consultants shall be consistent with those commitments made by the Consultant in its Proposal and during the competitive solicitation selection process and interview. Such services shall be undertaken and performed pursuant to appropriate written agreements between the Consultant and the sub-consultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual relationship between the City and the sub-consultants. The Consultant shall not retain, add, or replace any sub-consultant without the prior written approval of the City Manager, in response to a written request from the Consultant stating the reasons for any proposed substitution. Any approval of a sub-consultant by the City Manager shall not in any way shift' the responsibility for the quality and acceptability by the City of the services performed by the sub- consultant from the Consultant to the City. The quality of services and acceptability to the City of the services performed by sub-consultants shall be the sole responsibility of Consultant. The Consultant shall cause the names of sub-consultants responsible for significant portions of the Services to be inserted on the plans and specifications. ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's authorized representative to coordinate, direct, and review all matters related to this Agreement and the Project during the review of same (except unless otherwise expressly provided in this Agreement or the Contract Documents). The Project Coordinator shall be authorized (without limitation) to transmit instructions, receive information, and interpret and define City policies and decisions with respect to the Services and the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to Consultant that would have the affect (or be interpreted as having the effect) of modifying or changing, (in any way) the following: a) the Services described in the Agreement; b) the Term of this Agreement; or c) the amount of compensation the City is obligated or committed to pay Consultant. 13 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 326 3.2 The City shall make available to Consultant all information that the City has in its possession pertinent to the Project. Consultant hereby agrees and acknowledges that, in making any such information available to Consultant, the City makes no express or implied certification, warranty, and/or representation as to the accuracy or completeness of such information. The Consultant understands, and hereby agrees and acknowledges, that it is obligated to verify to the extent it deems necessary all information furnished by the City, and that it is solely responsible for the accuracy and applicability of all such information used by Consultant. Such verification shall include, without limitation, visual examination of existing conditions in all locations encompassed by the Project, where such examination can be made without using destructive measures (i.e. excavation or demolition). Survey information shall be spot checked to the extent that Consultant has satisfied itself as to the reliability of the information. 3.3 [Intentionally Omitted] 3.4 At any time, in his/her sole discretion, the City Manager may furnish accounting, and insurance counseling services for the Project (including, without limitation, auditing services to verify the Consultant's applications for payment, or to ascertain that Consultant has properly remitted payment due to its sub-consultants or vendors). 3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project, or non- conformance with the Contract Documents, the City, through the Project Coordinator, shall give prompt written notice thereof to the Consultant. 3.6 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity, shall render any administrative approvals and decisions required under this Agreement, in writing, as reasonably expeditious for the orderly progress of the Services and of the Work. No City administrative (proprietary) approvals and/or decisions required under this Agreement shall be unreasonably conditioned, withheld, or delayed; provided, however, that the City shall at all times have the right to approve or reject any such requests for any reasonable basis. 3. 7 The City Commission shall be the final authority to do or to approve the following actions or conduct, by passage of an enabling resolution or amendment to this Agreement: 3. 7.1 Except where otherwise expressly noted in the Agreement or the Contract Documents, the City Commission shall be the body to consider, comment upon, or approve any 14 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 327 amendments or modifications to this Agreement. 3.7.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, of this Agreement. 3.7.3 Upon written request from Consultant, the City Commission shall hear appeals from administrative decisions of the City Manager or the Project Coordinator. In such cases, the Commission's decision shall be final and binding upon all parties. 3. 7.4 The City Commission shall approve or consider all Contract Amendments that exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). 3.8 Except where otherwise expressly noted in this Agreement, the City Manager shall serve as the City's primary representative to whom administrative (proprietary) requests for decisions and approvals required hereunder by the City shall be made. Except where otherwise expressly noted in this Agreement or the Contract Documents, the City Manager shall issue decisions and authorizations which may include, without limitation, proprietary review, approval, or comment upon the schedules, plans, reports, estimates, contracts, and other documents submitted to the City by Consultant. 3.8.1 The City Manager shall have prior review and approval of the Project Manager (and any replacements) and of any sub-consultants (and any replacements). 3.8.2 The City Manager shall decide, and render administrative (proprietary) decisions on matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement. In his/her discretion, the City Manager may also consult with the City Commission on such matters. 3.8.3 At the request of Consultant, the City Manager shall be authorized, but not required, to reallocate monies already budgeted toward payment of the Consultant; provided, however, that the Consultant's compensation (or other budgets established by this Agreement) may not be increased without the prior approval of the City Commission, which approval (if granted at all) shall be in its sole and reasonable discretion. 3.8.4 [Intentionally Omitted] 15 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 328 3.8.5 The City Manager may approve Contract Amendments which do not exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended); provided that no such amendments increase any of the budgets established by this Agreement. 3.8.6 The City Manager may, in his/her sole discretion, form a committee or committees, or inquire of, or consult with, persons for the purpose of receiving advice and recommendations relating to the exercise of the City's powers, duties, and responsibilities under this Agreement or the Contract Documents. 3.8.7 The City Manager shall be the City Commission's authorized representative with regard to acting on behalf of the City in the event of issuing any default notice(s) under this Agreement, and, should such default remain uncured, in terminating the Agreement (pursuant to and in accordance with Article 1 0 hereof). ARTICLE 4. [Intentionally Omitted] ARTICLE 5. ADDITIONAL SERVICES 5.1 Additional Services shall only be performed by Consultant following receipt of written authorization by the Project Coordinator (which authorization must be obtained prior to commencement of any such additional work by Consultant). The written authorization shall contain a description of the Additional Services required; an hourly fee (in accordance with the rates in Schedule "C" hereto), with a "Not to Exceed" amount;; the time required to complete the Additional Services; and an amended Project Schedule (if applicable). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable, which the Consultant shall not exceed without further written authorization of the Project Coordinator. The "Not to Exceed" amount is not a guaranteed maximum cost for the additional work requested, and all costs applicable to same shall be verifiable through time sheets 5.2 Additional Services may include, but not be limited to, the following: 5.2.1 Providing additional work relative to the Project which arises from subsequent circumstances and causes which do not currently exist, or which are not contemplated by the parties at the time of execution of this Agreement (excluding circumstances and causes resulting from error, omission, inadvertence, or negligence of Consultant). 16 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 329 5.2.2 Serving as an expert witness in connection with any public hearing, arbitration proceeding, or legal proceeding, unless the subject matter at issue has arisen from the error omission, inadvertence, or negligence of Consultant. 5.2.3 [Intentionally Omitted] 5.2.4 [Intentionally Omitted] ARTICLE 6. REIMBURSABLE EXPENSES 6.1 Reimbursable Expenses are NOT an allowance set aside by the City and shall be included in all bid pricing. 6.2 [Intentionally Omitted] 6.2.1 [Intentionally Omitted] 6.2.2 [Intentionally Omitted] 6.2.3 [Intentionally Omitted] ARTICLE 7. COMPENSATION FOR SERVICES 7.1 Consultant's "Lump Sum" or "Not to Exceed" fee for provision of the Services, or portions thereof, as may be set forth and described in the Consultant Service Order issued for a particular Project, shall be negotiated between City and Consultant, and shall be set forth in the Consultant Service Order. 7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the Project Coordinator. Payments shall be made in proportion to the Services satisfactorily performed, so that the payments for Services never exceed the progress percentage noted in the Consultant's Progress Schedule (to be submitted with each invoice). No mark- up shall be allowed on subcontracted work. 7.3 Approved Additional Services shall be compensated in accordance with the hourly rates set forth in Schedule "C," attached hereto. Any request for payment of Additional Services shall be 17 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 330 included with a Consultant payment request. No mark-up shall be allowed on Additional Services (whether sub-contracted or not). 7.4 [Intentionally Omitted] 7.5 ESCALATION: During the Term of this Agreement, the City may, by written directive approved and executed by the City Manager, adjust the fees included in the Hourly Billing Rate Schedule in Schedule "C" hereto, to reflect the change in the Consumer Price Index (CPI) on a year to year basis. Such adjustment will be based on the cumulative change of the CPI for the Miami urban area, provided that in no event shall any the annual increase exceed three percent (3%). 7.6 No retainage shall be made from the Consultant's compensation on account of sums withheld by the City on payments to Contractor. 7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator in a timely manner, but no more than once on a monthly basis. Invoices shall identify the nature and extent of the work performed; the total hours of work performed by employee category; and the respective hourly billing rate associated therewith. In the event sub-consultant work is used, the percentage of completion shall be identified. Invoices shall also itemize and summarize any Additional Services.. A copy of the written approval of the Project Coordinator for the requested Additional Service(s) shall accompany the invoice. 7.7.1 If requested, Consultant shall provide back-up for past and current invoices that records hours for all work (by employee category), and cost itemizations for Reimbursable Expenses (by category). 7.7.2 The City shall pay Consultant within forty-five (45) calendar days from receipt and approval of an acceptable invoice by the Project Coordinator. 7.7.3 Upon completion of the Services, Consultant's final payment shall require the prior written approval of the City Manager before disbursement of same. ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS All books, records (whether financial or otherwise), correspondence, technical documents, and any 18 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 331 other records or documents related to the Services and/or Project will be available for examination and audit by the City Manager, or his/her authorized representatives, at Consultant's office (at the address designated in Article 15 ["Notices"]), during customary business hours upon reasonable prior written notice. All such records shall be kept at least for a period of three (3) years after Consultant's completion of the Services. Incomplete or incorrect entries in such records and accounts relating personnel services and expenses may be grounds for City's disallowance of any fees or expenses based upon such entries. Consultant shall also bind its sub-consultants to the requirements of this Article and ensure compliance therewith ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 9.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings, calculations, specifications, models, photographs, reports, surveys, investigations, and any other documents (whether completed or partially completed) and copyrights thereto for Services performed or produced in the performance of this Agreement, or related to the Project, whether in paper or other hard copy medium or in electronic medium, except with respect to copyrighted standard details and designs owned by the Consultant or owned by a third party and licensed to the Consultant for use and reproduction, shall become the property of the City. Consultant shall deliver all such documents to the Project Coordinator within thirty (30) days of completion of the Services (or within thirty (30) days of expiration or earlier termination of this Agreement as the case may be). However, the City may grant an exclusive license of the copyright to the Consultant for reusing and reproducing copyrighted materials or portions thereof as authorized by the City Manager in advance and in writing, In addition, the Consultant shall not disclose, release, or make available any document to any third party without prior written approval from the City Manager. The Consultant shall warrant to the City that it has been granted a license to use and reproduce any standard details and designs owned by a third party and used or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein shall be deemed to exclude any document from Chapter 119, Florida Statutes. 9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior written approval of the City Manager. 9.3 At the City's option, the Consultant may be authorized, as an Additional Service, to adapt copyrighted material for additional or other work for the City; however, payment to the Consultant for such adaptations will be limited to an amount not greater than 50% of the original fee earned to adapt the original copyrighted material to a new site. 19 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 332 9.4 The City shall have the right to modify the Project or any components thereof without permission from the Consultant or without any additional compensation to the Consultant. The Consultant shall be released from any liability resulting from such modification. 9.5 The Consultant shall bind all sub-consultants to the Agreement requirements for re-use of plans and specifications. ARTICLE 10. TERMINATION OF AGREEMENT 10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding either for the Services or the Project (or both), the City may terminate this Agreement without further liability to the City. 10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the Services or any portion thereof; or (3) does not perform the Services or any portion thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the Consultant shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial written notice of default from the City). 10.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole option and discretion, may take over the remaining Services and complete them by contracting with another consultant(s), or otherwise. The Consultant shall be liable to the City for any additional cost(s) incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of the Services, and the cost of completion of such Services had the Agreement not been terminated. 1 0.2.2 In the event of termination for cause by the City, the City shall only be obligated to pay Consultant for those Services satisfactorily performed and accepted prior to the date of termination (as such date is set forth in, or can be calculated from, the City's initial written default notice). Upon payment of any amount, which may be due to Consultant pursuant to this subsection 1 0.2.2, the City shall have no further liability to Consultant. 20 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 333 1 0.2.3 As a condition precedent to release of any payment which may be due to Consultant . under subsection 1 0.2.2, the Consultant shall promptly assemble and deliver to the Project Coordinator any and all Project documents prepared (or caused to be prepared) by Consultant (including, without limitation, those referenced in subsection 9.1 hereof). The City shall not be responsible for any cost incurred by Consultant for assembly, copy, and/or delivery of Project documents pursuant to this subsection. 10.3 TERMINATION FOR CONVENIENCE: In addition to the City's right to terminate for cause, the City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior written notice to Consultant, for convenience, without cause, and without penalty, when (in its sole discretion) it deems such termination to be in the best interest of the City. In the event the City terminates the Agreement for convenience, Consultant shall be compensated for all Services satisfactorily performed and accepted up to the termination date (as set forth in the City's written notice), and for Consultant's costs in assembly and delivery to the Project Coordinator of the Project documents (referenced in subsection 1 0.2.3 above). Upon payment of any amount which may be due to Consultant pursuant this subsection 1 0.3, the City shall have no further liability to Consultant. 10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment of the Services or any portion thereof. In the event of a termination for cause by Consultant, the City shall pay Consultant for any Services satisfactorily performed and accepted up to the date of termination; provided, however, that the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's initial written notice). 1 0.4.1 The Consultant shall have no right to terminate this Agreement for convenience. 10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or for convenience), the Consultant shall immediately, upon receipt of the City's written notice of termination: (1) stop the performance of Services; (2) place no further orders or issue any other subcontracts, except for those which may have already been approved, in writing, by the Project Coordinator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project documents (for delivery to the Project Coordinator). ARTICLE 11. INSURANCE 21 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 334 11.1 At all times during the Term of this Agreement, Consultant shall maintain the following required insurance coverage in full force and effect. The Consultant shall not commence any work until satisfactory proof of all required insurance coverage has been furnished to the Project Coordinator: (a) Professional Liability Insurance, in the amount of one million dollars ($1 ,000,000.00), per claim, with a maximum deductible of $150,000 per occurrence, $450,000 aggregate. Consultant shall notify the Project Coordinator, in writing, within thirty (30) days of any claims filed or made against its Professional Liability Insurance policy. (b) Comprehensive General Liability Insurance, in the amount of one million dollars ($1 ,000,000.00), Single Limit Bodily Injury and Property Damage coverage, for each occurrence, which shall include products, completed operations, and contractual liability coverage. The City of Miami Beach, Florida must be named as an additional insured on this policy. (c) Worker's Compensation and Employer's Liability coverage within the statutory limits required under Florida law. 11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written notice of cancellation or of substantial modifications in any required insurance coverage. All certificates and endorsements shall contain this requirement. 11.3 The insurance must be furnished by an insurance company rated B+:VI or better, or its equivalent, according to Bests' Guide Rating Book, and by insurance companies duly authorized to do business in the State of Florida, and countersigned by the company's Florida resident agent. 11.4 Consultant shall provide the Project Coordinator with a certificate of insurance of all required insurance policies. The City reserves the right to require a certified copy of such policies, upon written request to Consultant. ARTICLE 12.1NDEMNIFICATION AND HOLD HARMLESS 12.1 Pursuant to Section 725.08, Florida Statutes, the Consultant shall indemnify and hold harmless the City and its officers, employees, agents, and instrumentalities, from liabilities, damages, losses, 22 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 335 and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement and/or in the performance of any Consultant Service Order issued by the City to Consultant pursuant to this Agreement. The Consultant shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Consultant expressly understands and agrees that any insurance protection required by this Agreement (or otherwise provided by Consultant) shall in no way limit its responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. 12.2 The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any negligent, reckless, or intentionally wrongful actions, errors or omissions of the Consultant in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Contractor, or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant (including, without limitation its sub-consultants and/or any registered professionals (architects and/or engineers) under this Agreement). ARTICLE 13. [Intentionally Omitted] ARTICLE 14. LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds $10,000, less any amount(s) actually paid to Consultant hereunder. Consultant hereby expresses its willingness to enter into this Agreement, with Consultant's recovery from the City for any damages for action for breach of contract to be limited to $10,000, less any amount(s) actually paid by the City to the Consultant hereunder. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this Agreement, in an amount in excess $10,000, which amount shall be reduced by any 23 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 336 amount(s) actually paid by the City to Consultant hereunder. Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to be a waiver of the limitation placed upon City's liability, as set forth in Section 768.28, Florida Statutes. ARTICLE 15. NOTICE All written notices given to City by Consultant shall be addressed to: City Manager's Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Kathie G. Brooks, Interim City Manager With a copy to: Public Works Department City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Fred H. Beckmann P.E., Public Works Director All written notices given to the Consultant from the City shall be addressed to: Atkins Global, Inc 2001 Northwest 1 07th Avenue Miami, Florida 33172-25 Attn: Rafiq S. Alqasem, P.E., PTOE All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. 16.1 VENUE: ARTICLE 16. MISCELLANEOUS PROVISIONS This Agreement shall be governed by, and construed in accordance with, the 24 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 337 laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age, and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age. 16.3 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not bid on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or subconsultant under a contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. For violation of this subsection by Consultant, City shall have the right to terminate the Agreement without any liability to City, and pursue debarment of Consultant 16.4 NO CONTINGENT FEE: Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this subsection, City shall have the right to terminate the Agreement, without any liability or, at its discretion, to deduct from the contract price (or otherwise recover) the full amount of such fee, commission, percentage, gift, or consideration. 25 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 338 16.5 LAWS AND REGULATIONS: 16.5.1 The Consultant shall, during the Term of this Agreement, be governed by Federal, State, Miami-Dade County, and City laws, ordinances, and codes which may have a bearing on the Services involved in the Project. 16.5.2 Project Documents. In accordance with Section 119.07 (3) (ee), Florida Statutes, entitled "Inspection, Examination, and Duplication of Records; Exemptions," all building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, are exempt from the provisions of Section 119.07(1), Florida Statutes (inspection and copying of public records), and s. 24(a), Article I of the State Constitution. Information made exempt by this paragraph, with prior written approval from the City Manager, may be disclosed to another entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to the Project; or upon a showing of good cause before a court of competent jurisdiction. The entities or persons receiving such_ information shall maintain the exempt status of the information. 16.5.2.1 In addition to the requirements in this subsection 16.5.2, the Consultant agrees to abide by all applicable Federal, State, and City procedures, as may be amended from time to time, by which the documents are handled, copied, and distributed which may include, but is not limited to, each employee of Consultant and sub-consultants that will be involved in the Project being required to sign an agreement stating that they will not copy, duplicate, or distribute the documents unless authorized by the City Manager, in writing. 16.5.2.2 The Consultant and its sub-consultants agree in writing that the Project documents are to be kept and maintained in a secure location. 16.5.2.3 [Intentionally Omitted] 16.5.2.4 [Intentionally Omitted] 16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without added compensation, all necessary supplemental documents to correct errors, omissions, and/or ambiguities which may exist in the Contract Documents prepared by Consultant, including documents prepared by its sub-consultants. Compliance with this subsection shall not be construed to relieve the Consultant 26 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 339 from any liability resulting from any such errors, omissions, and/or ambiguities in the Contract Documents and other documents or Services related thereto. 16.7 WARRANTY: The Consultant warrants that the Services furnished to the City under this Agreement and under any Consultant Service Order issued by the City to Consultant shall conform to the quality expected of and usually provided by the profession in the State of Florida applicable to the design and construction of public and commercial facilities. 16.8 NON-EXCLUSIVITY: Notwithstanding any provision of this non-exclusive Agreement, the City is not precluded from retaining or utilizing any other architect, engineer, design professional or other consultant to perform any incidental Basic Services, Additional Services, or other professional services within the contract limits defined in the Agreement. The Consultant shall have no claim against the City as a result of the City electing to retain or utilize such other architect, engineer, design professional, or other consultant to perform any such incidental Services. 16.9 ASSIGNMENT: The Consultant shall not assign, transfer or convey this Agreement to any other person, firm, association or corporation, in whole or in part, without the prior written consent of the City Commission, which consent, if given at all, shall be at the Commission's sole option and discretion. However, the Consultant will be permitted to cause portions of the Services to be performed by sub-consultants, subject to the prior written approval of the City Manager. 16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself, his/her partners, successors, legal representatives and assigns to the other party of the Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. The Consultant shall afford the City (through the City Commission) the opportunity to approve or reject all proposed assignees, successors or other changes in the ownership structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement by the Consultant. 16.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all salaries, wages, materials, equipment, sub-consultants, and other purchased services, etc., as necessary to complete said Services. 16.12 INTENT OF AGREEMENT: 27 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 340 16.12.1 The intent of the Agreement is for the Consultant to provide general transportation planning and traffic consulting services, and to include all necessary items for the proper completion of such services. 16.12.2 This Agreement is for the benefit of the parties only and it does not grant rights to a third party beneficiary, to any person, nor does it authorize anyone not a party to the Agreement to maintain a suit for personal injuries, professional liability, or property damage pursuant to the terms or provisions of the Agreement. 16.12.3 No acceptance, order, payment, or certificate of or by the City, or its employees or agents, shall either stop the City from asserting any rights or operate as a waiver of any provisions hereof or of any power or right herein reserved to the City or of any rights to damages herein provided. 16.13 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless memorialized in written document approval and executed with the same formality and of equal dignity herewith. IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. 28 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 341 Attest CITY OF MIAMI BEACH: CITY CLERK MAYOR CONSULTANT: Rafiq S. Alqasem, PE, PTOE Attest Signature Signature Print Name I Title Print Name I Title 29 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 342 NOTE TO AGREEMENT SCHEDULES NOTE: WITH THE EXCEPTION OF SCHEDULES "A" AND "C" (BASIC SERVICES AND CONSULTANT'S HOURLY BILLING RATE SCHEDULE), THE ATTACHED SCHEDULES ARE FOR ILLUSTRATIVE PURPOSES ONLY. WHEN CONSULTANT IS ISSUED A CONSULTANT SERVICE ORDER FOR A PARTICULAR PROJECT PURSUANT TO THIS AGREEMENT, THEN THE SPECIFIC SCHEDULES PERTAINING TO THAT PARTICULAR WORK, SERVICES AND/OR TASKS (I.E. THE SCOPE OF SERVICES; CONSULTANT COMPENSATION; CONSTRUCTION COST BUDGET; PROJECT SCHEDULE; ETC) SHALL BE NEGOTIATED BETWEEN THE CITY AND THE CONSULTANT AND THE TERMS OF THIS AGREEMENT SHALL GOVERN FOR THAT PARTICULAR PROJECT. 30 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 343 SCHEDULE A SCOPE OF SERVICES The Consultant shall provide General Transportation Planning and Traffic Engineering Consulting Services, on an "as needed basis", meaning that each firm awarded a contract hereby agrees to be placed on a list of professionals that will provide General Transportation Planning and Traffic Engineering Consulting where the City may call upon them to perform professional services in these fields. As the need for services arise, firms will be contacted to provide the necessary professional services according to the negotiated scope of work and cost. Professional services will be quoted as a lump sum, based on the estimated hours to complete a project and in accordance with the hourly rates set forth in Schedule "C", attached hereto. The Services will be commenced by the Consultant upon receipt of a written Consultant Service Order signed by the City Manager or his/her designee. Consultant shall counter-sign the Consultant Service Order upon receipt, and return the signed copy to the City. The Scope of Services shall consist of, but not be limited to, the following: SOUND STUDY STANDARDS OBJECTIVES 1. Update of the Automated Concurrency Management System 2. Conduct Transportation planning, design, and other feasibility work requested by the City 3. Conduct Studies for vehicular, pedestrian, bicycles, and transit facility projects 4. Review traffic impact studies submitted by land developers for proposed projects in Miami Beach, and provide input to the City Administration on accuracy of the information provided in the studies, as they relate to the impact to the current transportation system 5. Conduct studies for corridors within the City with the purpose of identifying mobility improvements and develop a capital plan to facilitate efficient transportation movement throughout the City 6. Conduct data collection for the City FEES Fees for typical studies will be determined in consultation and in negotiation with the Consultant, depending on the scale and complexity of the study that is the subject of the particular Consultant Service Order issued to Consultant. 31 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 344 SCHEDULE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND Atkins Global Inc. CONSULTANT SERVICE ORDER Service Order No. for Consulting Services. TO: DATE: SCOPE OF SERVICES: Per attached proposal dated , to be considered part of this Agreement. Project Name and No: Estimated calendar days to complete this work: ____ days Start Date: Fee for this Service Order: $ ____ _ The above fee is a Lump Sum ___ _ or an Upset Limit. ____ (check one). Project Coordinator Date Public Works Director Date Consultant Date City Manager Date 32 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 345 SCHEDULE B CONSULTANT COMPENSATION AGREEMENT BETWEEN CITY OF MIAMI BEACH AND Atkins Global Inc. FOR General Transportation Planning and Traffic Consulting Services Pr~ectNameandNo~=~---------------------------------------------­ ScopeofServices~=-------------------------------------------------- Fee for this Service Order: $. ____ _ Note*: These services will be paid lump sum based on percentage of work complete as identified in the Consultant Service Order. 33 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 346 · Project Principal Senior Project Manager Senior Transportation Engineer Senior Traffic Engineer Senior Transportation Planner Traffic Engineer Transportation Planner Senior CAD Technician CAD Technician Clerical Administrative Assistant Other Industry Expert ATTEST: (Name of Corporation) (Secretary) (Corporate Seal)- __ day of _____ --,. 20 __ . CITY APPROVED A & E FORM (AUGUST 201 0) SCHEDULE C HOURLY BILLING RATE SCHEDULE CERTIFIED HOURLY RATES (Applicable personnel only) $ 190.00 $ 180.00 $ 145.00 $ 120.00 $ 120.00 $ 101.00 $ 101.00 $ 60.00 $ 55.00 $ 35.00 $ 35.00 $ Rate To Be Negotiated at Time of Service $. _____ _ CONSULTANT By: (Signature) (Print Name and Title) 347 RESOLUTION TO BE SUBMITTED 348 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Approving And Authorizing The City Manager And City Clerk To Execute An lnterlocal Agreement, In Substantially The Form Attached, Between All Co-Permittees Named In National Pollutant Discharge Elimination System Permit No. Fls000003-003 And Miami-Dade County Providing For Performance Of Professional Services By Miami-Dade County, And Also Between All Co-Permittees Providing For Identification And Control Of Pollutant Discharges In Shared Municipal Separate Storm Sewer Systems, And To Negotiate And Execute Changes To The Selection Of Activity Participation By Co-Permittees. Ke Intended Outcome Su orted: Supporting Data (Surveys, Environmental Scan, etc.):N/A Issue: I Shall the Mayor and City Commission adopt the Resolution? Item Summary/Recommendation: In June 2011, the Florida Department of Environmental Protection (FDEP) issued a new municipal separate stormwater system (MS4) operating permit for Miami-Dade County and the co-permitees including the City of Miami Beach to implement the National Pollution Discharge Elimination System (NPDES) program. The new and amended five year lnterlocal Agreement is between all co-permittees named in the NPDES permit FLS000003-003 and the County allows for each co-permittee to select its participation level for monitoring of water quality, best management practices and basin management action plan and to reserve the right to participate in any activities at a later date. The lnterlocal Agreement signed in 2005 only addressed water quality monitoring. The City only needs to participate in two activities: water quality monitoring and best management practices. At this time the City does not need to participate in basin management plan monitoring. Basin management action plans are required when municipalities discharge into bodies of water that have been designated as impaired by the State of Florida. The City's MS4 does not discharge into any waters that are considered impaired. The City has 306 outfalls, which is 3.8% of the 8,002 outfalls in the County. As in the prior agreement, the water monitoring annual costs are based on a percentage rate obtained by dividing the number of outfalls of each co-permittee by the total number of all co-permittees. Based on this percentage rate, the City's water quality monitor cost is not to exceed $17,782 annually. The new NPDES MS4 operating permit also requires that co-permittees monitor best management practices and create a basin management action plan for waters that have been designated as impaired. These additional activity costs are based on the percentage rate obtained by dividing the roadway drainage area of each co- permittee by the total roadways drainage area all co-permittees. The City's drainage area is 30,511,682 square feet which is 1.4% the drainage road area in the County. Based on this percentage rate, the City's water quality monitor cost is not to exceed $495 annually. The City does not need to monitor for a basin management action plan because the City does not discharge into water that has been designated as impaired. In total, water quality and best management practices monitoring is not to exceed $18,277 annually. These activities are funded through the Stormwater Enterprise fund. The NPDES annual monitoring costs for FY2011/12 has already been expended. For FY2012/13, the projected expense has been included in the proposed FY2012/13 operating budget for this purpose. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 $18,277 427-0427-00312 2 ~ 3 Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Elizabeth Wheaton x6121 S1 n-Offs: Department Director MIAMI BEACH 349 Account AGENDA ITEM _C_7_R_-'-- DATE 2-//-/2_ ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager~ #- July 18, 2012 / A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, BETWEEN ALL CO-PERMITTEES NAMED IN NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT NO. FLS000003-003 AND MIAMI-DADE COUNTY PROVIDING FOR PERFORMANCE OF PROFESSIONAL SERVICES BY MIAMI-DADE COUNTY, AND ALSO BETWEEN ALL CO- PERMITIEES PROVIDING FOR IDENTIFICATION AND CONTROL OF POLLUTANT DISCHARGES IN SHARED MUNICIPAL SEPARATE STORM SEWER SYSTEMS, AND TO NEGOTIATE AND EXECUTE CHANGES TO THE SELECTION OF ACTIVITY PARTICIPATION BY CO-PERMITTEES. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING $18,277 in Stormwater Enterprise Funding. BACKGROUND In June 2011, the Florida Department of Environmental Protection (FDEP) issued a new National Pollutant Discharge Elimination System (NPDES) municipal separate stormwater system (MS4) operating permit for Miami-Dade County and the co-permitees including the City of Miami Beach. The new permit requires annual water quality monitoring, best management practices, and a basin management action plan. ANALYSIS Attached is the new and amended five (5) year lnterlocal Agreement between all co- permittees named in NPDES MS4 permit No.FLS000003-003 and the County. Attachment A of the lnterlocal Agreement outlines the annual monitoring costs for Miami- Dade County and co-permittees for FY2012/13. The lnterlocal Agreement signed in 2005 only addressed water quality monitoring. The new lnterlocal Agreement allows for each co-permittee to select its participation level for monitoring of water quality, best management practices and basin management action plan and to reserve the right to participate in any activities at a later date. The City of Miami Beach only needs to participate in two of the three activities: water quality monitoring and best management practices. At this time the City does not need 350 City Commission Memo-NPDES lnterlocal Agreement July 18, 2012 Page 2 of2 to participate in basin management plan monitoring. Basin management action plans are required when municipalities discharge into bodies of water that have been designated as impaired by the State of Florida. The City's MS4 does not discharge into any waters that are considered impaired. The City of Miami Beach has 306 outfalls, which is 3.8% of the 8,002 outfalls in Miami- Dade County. As in the prior agreement, the water monitoring annual costs are based on a percentage rate obtained by dividing the number of outfalls which drain to United States bodies of water existing in the geographical boundaries of each co-permittee by the total number of outfalls existing within the geographic boundaries of all co- permittees. Based on this percentage rate, the City's water quality monitor cost is not to exceed $17,782 annually which is to be funded through the Stormwater Enterprise fund. The new NPDES MS4 operating permit also requires that co-permittees monitor best management practices and create a basin management action plan for waters that have been designated as impaired. These additional activity costs are based on the percentage rate obtained by dividing the roadway drainage area existing in the geographical boundaries of each co-permittee by the total roadways drainage area existing within the geographic boundaries of all co-permittees. The City of Miami Beach's drainage area is 30,511,682 square feet which is 1.4% the drainage road area in Miami- Dade County. Based on this percentage rate, the City's water quality monitor cost is not to exceed $495 annually which is to be funded through the Stormwater Enterprise fund. The City does not need to monitor for a basin management action plan because the City does not discharge into water that has been designated as impaired by the State of Florida. In total, water quality and best management practices monitoring is not to exceed $18,277 annually. These activities will be funded through the Stormwater Enterprise fund. In past fiscal years, the City's annual cost was $23,300 for Miami-Dade County to conduct water quality monitoring. Since 2005, the number of outfall incorporated within this permit have increased from 4,361 to 8,002, which has reduced the City's percentage of total outfalls. Subsequently, the new lnterlocal Agreement annual costs for monitoring have been reduced from $23,300 to $18,277. Due to the scale of the County's monitoring activities, they are able to complete this work for less money than if the City were to conduct this work. For FY2012/13, the projected expense has been included in the proposed FY2012/13 operating budget for this purpose. CONCLUSION The Administration recommends that the Mayor and the City Commission approve an lnterlocal Agreement between all co-permittees named in National Pollution Discharge Elimination System MS4 Permit No. FLS000003-003 and Miami-Dade County. The lnterlocal Agreement provides for performance of professional services by Miami-Dade County, and also between all co-permitees providing for identification and control of pollutant discharges in shared municipal separate storm sewer systems, and to negotiate and execute changes to the selection of activity participation by co-permittees. Attachment: lnterlocal Agreement JMG/JGG/FHB/JJF/RWS T:\AGENDA\2012\7-18-12\NPDES_Memo.docx 351 RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, BETWEEN ALL CO-PERMITTEES NAMED IN NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT NO. FLS000003-003 AND MIAMI-DADE COUNTY PROVIDING FOR PERFORMANCE OF PROFESSIONAL SERVICES BY MIAMI-DADE COUNTY, AND ALSO BETWEEN ALL CO-PERMITTEES PROVIDING FOR IDENTIFICATION AND CONTROL OF POLLUTANT DISCHARGES IN SHARED MUNICIPAL SEPARATE STORM SEWER SYSTEMS, AND TO NEGOTIATE AND EXECUTE CHANGES TO THE SELECTION OF ACTIVITY PARTICIPATION BY CO-PERMITTEES. WHEREAS; water pollution degrades surface waters making them unsafe for drinking, fishing, swimming, and other activities; and WHEREAS; the Clean Water Act authorizes the National Pollutant Discharge Elimination System (NPDES) permit program to control water pollution by regulating point sources that discharge pollutants into waters of the United States; and WHEREAS, the City of Miami Beach has 306 stormwater outfalls that discharge into the City's waterways and Biscayne Bay; and WHEREAS, the it is in the best interests of the City to continue to participate in an interlocal agreement with Miami-Dade County as a co-permitee in the NPDES Program under the Florida Department of Environmental Protection (FDEP) Permit Number FLS000003-03 to control stormwater discharges; and WHEREAS, on June 2011, the FDEP issued a new NPDES operating permit for Miami- Dade County and co-permitees; and WHEREAS, it is the intent of the County and City, through the attached lnterlocal Agreement, to continue previously established relationships and responsibilities for planning, control, operation, construction, maintenance repair, and enhancement of stormwater systems located within the limits of the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, hereby approve and authorize the City Manager and City Clerk to execute the attached lnterlocal Agreement, in substantially the form attached, between all co-permittees named in the National Pollutant Discharge Elimination System Permit No. FLS000003-003 and Miami-Dade County providing for performance of professional services by Miami-Dade County, and as between all co-permittees providing for identification and control of pollutant discharges in shared municipal separate storm sewer systems, and to negotiate and execute changes to the selection of activity participation by co-permittees. PASSED and ADOPTED this 181h day of July, 2012. ATTEST: Rafael Granado, City Clerk T:\AGENDA\2012\7-18-12\NPDES-RESO.docx 352 INTERLOCAL AGREEMENT BETWEEN ALL CO- PERMITTEES NAMED IN NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT NO. FLS000003-003 AND MIAMI-DADE COUNTY PROVIDING FOR PERFORMANCE OF PROFESSIONAL SERVICES BY MIAMI-DADE COUNTY, AND ALSO BETWEEN ALL CO- PERMITTEES PROVIDING FOR IDENTIFICATION AND CONTROL OF POLLUTANT DISCHARGES IN SHARED MUNICIPAL SEPARATE STORM SEWER SYSTEMS, AND TO NEGOTIATE AND EXECUTE CHANGES TO THE SELECTION OF ACTIVITY PARTICIPATION BY CO- PERMITTEES This Interlocal Agreement ("Agreement") is made and entered into by, and between, all CO-PERMITTEES named in Florida Department of Environmental Protection ("DEP") Municipal Separate Storm Sewer System ("MS4") Permit Number FLS000003-003,' Authorization to Discharge under the National Pollutant Discharge Elimination System ("NPDES MS4 Operating Permit"). This Agreement provides for identification and control of discharges from any and all Municipal Separate Storm Sewer Systems (MS4s) that may be shared by any of the parties to this Agreement, as required by DEP pursuant to Section 403.0885, Florida Statutes, and' DEP Rule 62-624, Florida Administrative Code, and the Environmental Protection Agency ("EPA") National Pollutant Discharge Elimination System ("NPDES") Permit Regulations for Storm Water Discharges Final Rule ("NPDES Final Rule"). This Agreement further provides for the professional services required to accomplish the tasks set forth in the NPDES Final Rule and the NPDES MS4 Operating Permit that may be initiated and performed by Miami-Dade County on behalf of both the CO-PERMITTEES and MIAMI- DADE COUNTY. This Agreement also provides for the negotiation and execution of changes to the selection of activity participation by CO-PERMITTEES. Section I Definitions For purposes of this Agreement, the following terms shall apply: AGREEMENT shall mean this document, including any written amendments thereto, and other written documents or parts thereof which are expressly incorporated herein by reference. CO-PERMITTEE or CO-PERMITTEES shall mean the following municipalities and agencies named in NPDES MS4 Operating Permit No. FLS000003-003 as CO-PERMITTEES: City of Aventura, Bal Harbour Village, Town of Bay Harbor Islands, City of Coral Gables, Town of Cutler Bay, City of Doral, Village of El Portal, Town of Golden Beach, City ofHialeah Gardens, City ofHomestead, Indian Creek Village, Village of Key Biscayne, Town of Medley, City of Miami Beach, City of Miami Gardens, Town of Miami Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay Village, City of North Miami, City of North Miami Beach, City of Opa-locka, Village of Palmetto Bay, Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, Town of Surfside, Village of Virginia Gardens, City of West Miami, Florida Department of Transportation ("FDOT") District VI, FDOT Turnpike Enterprise, Miami-Dade Expressway Authority (MDX), and Miami-Dade County. COUNTY shall mean Miami-Dade County 353 FORCE MAJEURE shall mean an act of God, epidemic, lightning, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement. MS4 shall mean municipal separate storm sewer system, as set forth in 40C.F.R.122.26. In all other instances, terms used in this Agreement shall have the definitions contained in the EPA NPDES Final Rule 40 CFR Parts 122, 123 and 124. Section II Term of Agreement This Agreement shall become effective, and supersede the current interlocal agreement, on October 1, 2012. This Agreement shall expire on September 30, 2017, or until a replacement interlocal agreement is executed, whichever is later. Section III Scope of Work The parties hereto agree that the EPA is requiring as part of the NPDES MS4 Operating Permit the sampling, monitoring, and analysis of a variety of storm sewer systems throughout Miami-Dade County. The parties hereby agree that the water monitoring annual costs (Activity 1) attributable to this operating permit shall be shared by those CO-PERMITTEES who elect to participate in this Activity, and the costs shall be based on a percentage rate obtained by dividing the number of outfalls which drain to United States bodies of water existing in the geographical boundaries of each CO-PERMITTEE by the total number of outfalls existing within the geographic boundaries of all CO-PERMITTEES. The parties further agree that the best management practices (BMP) (Activity 2) and basin management action plan (BMAP/WTW) (Activity 3) costs attributable to this operating permit shall be shared by those CO- PERMITTEES who elect to participate in these Activities, and the costs shall be based on a percentage rate obtained by dividing the roadway MS4 drainage area existing in the geographical boundaries of each CO- PERMITTEE by the total roadway MS4 drainage area existing within the geographic boundaries of all CO- PERMITTEES. These costs are included in Attachment "A" of this Agreement. Furthermore, 40 CFR 122.26(d)(2)(i)(D) requires control of pollutants through interlocal agreements, making each NPDES CO-PERMITTEE responsible for discharges from their MS4 to the MS4 of another NPDES CO-PERMITTEE or to the waters of the United States. This Agreement sets forth the agreement of the CO- PERMITTEES and the COUNTY and between all of the CO-PERMITTEES with respect to shared responsibilities in the identification and control of discharges from one MS4 to another. Section IV COUNTY's Obligations 1. Compliance with NPDES MS4 Operating Permit The COUNTY shall perform monitoring and sampling activities as required in Miami-Dade County's NPDES MS4 Operating Permit. 2 354 2. Permits The COUNTY shall obtain all applicable federal, state and local permits and approvals (with the exception of permits and approvals required by CO-PERMITTEES, if any, which shall be obtained by the respective CO-PERMITTEE), which are required to perform activities under the NPDES MS4 Operating Permit. 3. Report The COUNTY shall provide the CO-PERMITTEES with a report, on an annual basis, with the results of the monitoring and sampling activities required under the NPDES MS4 Operating Permit. 4. Notice of COUNTY Meeting The COUNTY shall provide the CO-PERMITTEES with oral or written notice of all regular meetings held by COUNTY staff for the purpose of reviewing the compliance status with the NPDES MS4 Operating Permit. Section V CO-PERMITTEES' Obligations 1. Prevention of Theft of COUNTY Equipment The CO-PERMITTEES shall take reasonable steps to prevent theft or vandalism of COUNTY equipment located within the CO-PERMITTEE'S geographic boundary. The CO-PERMITTEES agree that such equipment may be placed within each CO-- PERMITTEE'S geographic boundary for extended periods of time, as necessary to complete the sampling and monitoring tasks contemplated by this Agreement and the NPDES MS4 Operating Permit. 2. Compensation Each CO-PERMITTEE will reimburse the COUNTY for costs of activities performed over the preceding fiscal year in accordance with Attachment "A", and as specified in the Execution in Counterparts form for that fiscal year. The COUNTY will bill each CO-PERMITTEE annually, within six (6) months after the end of the fiscal year, for actual amounts expended during the prior fiscal year. Payment by the CO-PERMITTEE is to be made not later than forty-five (45) days after the bill presentation. Failure to pay the agreed-upon costs to the COUNTY in accordance with this Agreement shall be deemed default by the CO-PERMITTEE that fails to pay pursuant to this Agreement. The expenditures for the final fiscal year that this Agreement is valid will be invoiced by the COUNTY and paid by the CO-PERMITTEES during the following fiscal year. 3. Access The CO-PERMITTEES shall provide the COUNTY with reasonable access at all times as necessary to perform the sampling and monitoring required by this Agreement of any storm sewer systems which may be located within the CO-PERMITTEE'S geographic boundary. Section VI Indemnification The CO-PERMITTEE shall indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the COUNTY or its officers, employees, agents or instrumentalities 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 performance of this Agreement by the CO-PERMITTEE or its employees, agents, servants, partners, principals or subcontractors. The CO-PERMITTEE shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgements 3 355 and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent of and within the limitations of Section 768.28 Fla Stat., and subject to the provisions of that Statute whereby the CO-PERMITTEE shall not be held liable to pay a personal injury or property damage claim or judgement by any one person which exceeds the sum of $200,000, or any claim or judgement or portions thereof, which, when totaled with all other claims or judgement paid by the CO-PERMITTEE arising out of the same incident or occurrence, exceed the sum of $300,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the CO- PERMITTEE, provided further that any CO-PERMITTEE's liability hereunder shall be based on that CO- PERMITEE's performance of this Agreement only, and no CO-PERMITTEE shall be liable for indemnification based on another CO-PERMITTEE's performance of this Agreement. The COUNTY shall indemnify and hold harmless the CO-PERMITTEE and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the CO-PERMITTEE or its officers, employees, agents or instrumentalities 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 performance of this Agreement by the COUNTY or its employees, agents, servants, partners, principals or subcontractors. The COUNTY shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CO- PERMITTEE, where applicable, including appellate proceedings, and shall pay all costs, judgements and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the COUNTY shall not be held liable to pay a personal injury or property damage claim or judgement by any one person which exceeds the sum of $200,000, or any claim or judgement or portions thereof, which, when totaled with all other claims or judgement paid by the COUNTY arising out of the same incident or occurrence, exceed the sum of $300,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the COUNTY. Section VII County Event of Default Without limitation, the failure by the COUNTY to substantially fulfill any of its material obligations in accordance with this Agreement, unless justified by Force Majeure, shall constitute a "COUNTY event of Default". If a COUNTY event of default should occur, the CO-PERMITTEE shall have all of the following rights and remedies which it may exercise singly or in combination: 1. The right to declare that this Agreement together with all rights granted to COUNTY hereunder are terminated, effective upon such date as is designated by the CO-PERMITTEE; 2. Any and all rights provided under federal laws and the laws ofthe State of Florida. 4 356 Section VIII Co-Permittee Event of Default Without limitation, the failure by the CO-PERMITTEE to substantially fulfill any of its material obligations in accordance with this Agreement, unless justified by Force Majeure, shall constitute a" CO-PERMITTEE Event of Default". If a CO-PERMITTEE Event of Default should occur, the COUNTY shall have all of the following rights and remedies which it may exercise singularly or in combination: 1. The right to declare that this Agreement together with all rights granted to CO-PERMITTEE hereunder are terminated, effective upon such date as is designated by the COUNTY; 2. Any and all rights provided under federal laws and the laws of the State of Florida. Section IX General Provisions 1. Authorization to Represent the CO-PERMITTEE in NPDES MS4 Operating Permit The CO- PERMITTEE hereby authorizes the COUNTY to act on its behalf only with respect to: the activities under this Agreement; and compliance with requirements of those monitoring, sampling, BMP, and BMAP portions under the NPDES MS4 Operating Permit. 2. Attendance at COUNTY Permit Review Meetings. The CO-PERMITTEE may, but is not required to, attend any or all regular meetings held by COUNTY staff for the purpose of reviewing the status of the NPDES MS4 Operating Permit. 3. Responsibility for Discharges The CO-PERMITTEES shall each be responsible for the control, investigation of and remedial activities relating to discharges of pollutants from within their respective MS4 or boundaries to the municipal separate storm sewer system of another NPDES MS4 CO- PERMITTEE, pursuant to the requirements of 40CFR 122.26(d)(2)(i)(D). 4. Identification of Discharges Both the CO-PERMITTEE whose stormwater system generates a pollutant discharge that impacts another CO-PERMITEE'S system and the impacted CO- PERMITTEE agree to cooperate by providing the staff and equipment necessary to identify the source of pollutant discharges emanating from the separate storm sewer system of one CO-PERMITTEE to the separate storm sewer system of another CO-PERMITTEE. 5. Notification When pollutant discharges to a shared separate storm sewer system are discovered, the CO-PERMITTEES, or COUNTY, or any of the foregoing, as applicable, which are the source of the discharge(s) agree to report said discharges to the other affected parties sharing the particular MS4. The COUNTY shall assist, as needed, in any investigation and identification of a source of the discharge. If the COUNTY discovers a discharge in the separate storm sewer system of a CO-PERMITTEE or the COUNTY, the COUNTY will investigate the source of the discharge and report its findings to the affected NPDES CO-PERMITTEES. When an investigation specifically identifies a NPDES CO- PERMITTEE as the source of a pollutant discharge, then that CO-PERMITTEE shall be responsible 5 357 for ceasing the discharge and remediating the effects of the discharge by restoring the affected MS4 in accordance with applicable standards. 6. Dispute Resolution When the parties sharing a MS4 cannot agree on the source of a discharge to their shared MS4, the State of Florida Department of Environmental Protection, Bureau of Watershed Management, shall be the final arbiter in determining jurisdiction and responsibility for cessation of discharge, remediation, and final resolution. 7. Termination Each party may terminate that particular party's participation in this Agreement without cause by providing sixty ( 60) days prior written notice of termination to the other parties to this Agreement. CO-PERMITTEES shall be entitled to reimbursement of monies paid to the COUNTY only in the event of termination without cause by the COUNTY, and the CO-PERMITTEE shall then be entitled to such reimbursement only to the extent that services providing information useful to the NPDES MS4 Operating Permit have not been rendered by the COUNTY. Upon termination by any party, the NPDES MS4 Operating Permit status of that party shall be the sole responsibility of that party. 8. Entire Agreement; Prior Agreements Superseded; Amendment to Agreement This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by the parties hereto or their representatives. 9. Headings Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 10. Notices and Approval Notices and approvals required or contemplated by this Agreement shall be written and personally served or mailed, registered or certified United States mail, with return receipt requested, addressed to the parties listed in Section I of this Agreement. 11. Performance by Parties Except as otherwise provided in this Agreement, in the event of any dispute arising over the provisions of this Agreement, the parties shall proceed with the timely performance of their obligations during the pendency of any legal or other similar proceedings to resolve such dispute. 12. Rights of Others Nothing in the Agreement express or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. 13. Time is of Essence It is mutually agreed that time is of the essence in the performance of all terms and conditions to be met and performed pursuant to this Agreement. 14. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the United States. The COUNTY and the CO-PERMITTEE agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh 6 358 Judicial Circuit in and for Miami-Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Miami-Dade County, Florida. 15. Severability The invalidity of one or more of the phrases, sentences, clauses, or Sections contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided the material purposes of this Agreement can be determined and effectuated. 16. Waiver There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. 17. Number of Outfalls The COUNTY will review and adjust on an annual basis the number of outfalls and MS4 drainage area of each CO-PERMITTEE during the month of March for each fiscal year the Agreement is in effect. Adjustments made, if any, will be in effect for the upcoming fiscal year, to recalculate each CO-PERMITTEE'S share of the total annual costs. CO-PERMITTEES may submit relevant outfall information to be included in the review during a two month period, from January1 st to February 28th ofthe year immediately preceding the start of the fiscal year ofthe intended changes. An updated Attachment "A" shall be provided to CO-PERMITTEES annually by March 31st for budgetary purposes. 18. Maximum Annual Costs Each CO-PERMITTEE'S maximum (not to exceed) financial commitment under this Agreement is shown in Attachment "A". It should be noted that the CO-PERMITTEE's cost share may change ( +/-) based on any changes made to the Number of Outfalls or Drainage Area during the annual reviews. Such changes shall be reflected in an updated Attachment "A". Actual annual expenditures invoiced by the COUNTY for water monitoring, sampling, BMP, and BMAP activities performed, will not exceed the CO-PERMITTEE'S total annual cost shown in Attachment "A" for that fiscal year. 7 359 Execution in Counterparts This Agreement shall be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. IN WITNESS WHEREOF,--------------------' FLORIDA, by its Commission I Council attest, that this Agreement be executed in its name by the Manager or his designee, attested by the Clerk or Legal Representative. Co-Permittee selection of Activities detailed in Attachment "A": Activity 1 (Water Monitoring) [ ] Yes, we wish to participate [ ] No, but we reserve the right to request participation in subsequent fiscal years Activity 2 (Best Management Practices, BMP) [ ] Yes, we wish to participate [ ] No, but we reserve the right to request participation in subsequent fiscal years Activity 3 (Basin Management Action Plan/Walk the WBID, BMAPIWTW) [ ] Yes, we wish to participate [ ] No, but we reserve the right to request participation in subsequent fiscal years The Co-Permittee selections shown above remain in effect for the duration of the Agreement unless otherwise modified by the Co-Permittee. Each Co-Permittee may elect to modify their selections shown above every fiscal year the Agreement remains in place. These modifications must be formally requested between January 1 and February 28 in order to become effective for the following fiscal year and for the duration of the Agreement unless further modifications are made by executing a new "Execution in Counterparts" form. Name ofManager (print) Signature Date Name of Clerk I Legal Representative (print) Signature Date 8 360 Execution in Counterparts This Agreement shall be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. IN WITNESS WHEREOF, Miami-Dade County, Florida, has caused this Agreement to be executed in its name by the County Mayor or his designee, attested by the Clerk of the Board of County Commissioners and has caused the seal of the Board of County Commissioners to be hereto attached. MIAMI-DADE COUNTY Stephen P. Clark Center 111 N.W. 1 Street Miami, FL 33128 Mayor or Mayor's Designee HARVEY RUVIN, CLERK Attest: Deputy Clerk 9 361 Date Date Municipality/Agency City of Bal Harbour Village Bay Harbor Islands, Town of Coral Gables, City of Cutler Bav. Town of Doral, City of El Portal, Village of Golden Beach, Town of Hialeah Gardens, City of of Key Biscayne, Village of Medley, Town of Miami Beach, City of Miami Gardens. Citv of ~I Miami Lakes, Town of 1\.) Miami Shores, Village of Miami Springs, City of North Bay Village, City of North Miami Beach. Citv of North Miami, City of Opa-locka, City of Palmetto Bay, Village of Pinecrest, Village of South Miami. Citv of Sunny Isles Beach, City of Surfside, Town of 1 Virginia Gardens, Village of 1 West Miami, City of FOOT District VI FOOT Turnpike Enterprise MDX 44 306 298 221 32 23 65 204 115 18 98 58 31 66 5 1 1 1.469 574 456 2 1 Municipalities with no outfalls have been assigned a value of one outfall MS4 Drainage Area (square feet) Percent of Total MS4 Drainage Area Co-Permittee's I Co-Permittee's Total Annual Cost Total Annual Cost (not to exceed) (not to exceed) 1,826 $1,166 $4,264 $35,555 $23.696 ,135 $1,457 $986 $5,925 $28,801 $5,131 $8,540 $34,830 030 $23,386 $8,341 $9,407 $4,569 154 .169 $7,511 $23,331 $21,053 Note: If a municipality or agency chooses not to participate in one or more of the activities (1, 2, or 3) described above, then sampling, modeling, or mapping may not be conducted within said municipality's or agency's service territory. The not-to-exceed amounts for each Co-Permittee and ~activity remain unchanged for the fiscal year shown regardless of the participation decisions by Co-Permittees. 7/3/2012 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, Accepting A Utilities Easement, In Substantially The Form Attached To This Resolution From Dr. Modesto Mora, As The Owner Of Lot 8 And Lot 9 Of The Corrected Plat Of Star Island, For The Construction, Installation, Operation, And Maintenance Of A Stormwater Outfall Pipe, To Be Located Within The Easement Area, As Such Area Is Described In This Resolution And In The Proposed Easement. Key Intended Outcome Supported: Ensure Well-Designed, Quality Capital Projects. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the City Commission adopt the Resolution? Item Summary/Recommendation: The west side of Star Island Drive has recently been experiencing flooding during moderate and heavy rains. The City has installed a system of portable pumps to temporarily address the problem and developed a stormwater design to provide a 5-year 24-hour level of service. Staff determined that the best way to permanently address the deficiencies of the stormwater system was to interconnect five of the existing drainage basins. The original design featured five new drainage wells and no new outfalls. However, after multiple meetings between staff and residents, the owner of Lot 8 and Lot 9 offered an easement for a new drainage outfall. As a result of this offer, City staff developed a new design that features a proposed 36-inch outfall through the easement, which is superior to the previous design because it will allow more discharge and will require less maintenance. The easement agreement is not yet finalized. However, the City is expediting the design and permitting of this project in order to expeditiously relieve the flooding. As a result, staff believes it important to have the Commission vote on accepting this easement in substantially the form attached at its July meeting and not wait until the easement agreement is finalized. This project has $650,000 available for construction, contingency, and soft costs. The Administration recommends approving the resolution. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Funds: 1 396,413 431-2337-069357 2 67,320 431-2337-000356 I 7f I 3 186,267 431-2730-069357 4 OBPI l Total 650,000 Financial Impact Summary: Clerk's Office Le islative Trackin Rick Saltrick, ext: 6565 Si n-Offs: Department Direc FHB T:\AGENDA\2012\7-18-12\revocable permits and easements\Star Island Utility Easement-SUMMARY.doc Approved C75 MIAMI BEACH 363 AGENDA ITEM ---:--:"-....- DATE 7-{({-/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 /fi f/-. Kathie G. Brooks, Interim City Manager f July 18, 2012 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A UTILITIES EASEMENT, INSUBSTANTIALLY THE FORM ATTACHED TO THIS RESOLUTION FROM DR. MODESTO MORA, AS THE OWNER OF LOT 8 AND LOT 9 OF THE CORRECTED PLAT OF STAR ISLAND, FOR THE CONSTRUCTION, INSTALLATION, OPERATION, AND MAINTENANCE OF A STORMWATEROUTFALL PIPE, TO BE LOCATED WITHIN THE EASEMENT AREA, AS SUCH AREA IS DESCRIBED IN THIS RESOLUTION AND IN THE PROPOSED EASEMENT. ADMINISTRATION RECOMMENDATION The Administration recommends approving the Resolution. FUNDING No funding is required in order to accept the easement and no additional funding is being requested to construct the project. BACKGROUND The City has recently completed a capital improvements project at Star Island. This neighborhood was not defined as a priority basin in the Comprehensive Stormwater Management Program Master Plan developed by CH2MHill in 1997 and thus no new stormwater infrastructure was pro\Ailed. Stormwater is collected by a valley gutter into six separate drainage basins. Each basin contains multiple inlets and an exfiltration trench system. The south most basin is located adjacent to the bridge approach and is connected to a 15-in outfall. The northern basin is connected to an existing 1 0-in outfall. While these basins drain properly, flooding is now occurring at three of the four basins located near the middle of the west side of the island. Upon investigation, staff found that the existing exfiltration 364 Star Island Lot 10 Utility Easement July 18, 2012 Page 2 of2 trench system was functioning at a severely diminished capacity. The City has installed a system of portable pumps to temporarily address the problem and developed a stormwater design to provide a 5-year 24-hour level of service. Four out of the six existing drainage basins are not connected to any outfalls. Due to the diminished capacity of the existing exfiltration trench, they fail to meet the minimum required level of service for the 5-year 24-hour storm event. Further, should the basins be connected, the existing outfalls at the north and south ends of the island would not be large enough to dispose of the stormwater runoff from the entire island. ANALYSIS Staff determined that the best way to address the deficiencies of the stormwater system is to interconnect five of the existing drainage basins. The original design featured five new drainage wells and no new outfalls. However, after multiple meetings with residents, the owner of Lot 9 offered an easement for a new drainage outfall (Attachment). The new design features a proposed 36-inch outfall through the easement and is superior to the previous design because it will allow more discharge and will require less maintenance. The easement will be 9 to12 feet in width and approximately 407 feet in length for an area of approximately 4,709 square feet. It provides the City with the ability to construct, install, inspect, operate, and maintain utilities infrastructure, and all appurtenant facilities thereto, with right to reconstruct, improve, change and remove all or any of the facilities within the easement. The cost for this work is estimated to be $580,000 plus contingency, inspections, JOG fee, and testing in the amount of $70,000 for a total cost of $650,000. These funds have been previously appropriated. Therefore, no additional funding is requested. The easement agreement is not yet finalized. However, the City is expediting the design and permitting of this project in order to expeditiously relieve the flooding. As a result, staff believes it important to have the Commission vote on accepting this easement in substantially the form attached at its July meeting and not wait until the easement agreement is finalized. CONCLUSION The Administration recommends that the Mayor and City Commission accept a utilities easement, in substantially the form attached to this resolution from Dr. Modesto Mora, as the owner of lot 8 and lot 9 of the corrected plat of Star Island, for the construction, installation, operation, and maintenance of a stormwater outfall pipe, to be located within the easement area, as such area is described in this resolution and in the proposed easement. Attachment: Draft Utility Easement JMG/JGG/FHB/JJF/~ T:\AGENDA\2012\7-18-12\revocable permits and easements\Star Island Utility Easement-MEMO.doc 365 GRANT OF EASEMENT THIS INDENTURE, made this day of ______ , 2012, between THE CITY OF MIAMI Reserved for Circuit Court BEACH, a municipal corporation ofthe State of Florida, (hereinafter called GRANTEE), and , owner of Lot 9 of the corrected plat of Star Island, whose mailing address is , (hereinafter called GRANTOR); WI TN E S S E T H: THAT, the GRANTOR, for and in consideration ofthe sum ofTEN DOLLARS ($10.00) and other good and valuable considerations, the receipt of which is hereby acknowledged by the GRANTOR, has granted and does hereby grant to the GRANTEE, its successors and assigns, forever, the right and privilege of an exclusive easement on the property of the GRANTOR, shown and described on EXHIBIT "A" attached hereto and made a part hereof, (hereinafter called the EASEMENT) to, construct, install, inspect, operate and maintain utilities infrastructure, and all appurtenant facilities thereto, with right to reconstruct, improve, change and remove all or any of the facilities within the easement, with the full right of ingress thereto and egress therefrom on the express condition that it is used for the express purposes provided herein; The GRANTEE shall regulate the right of ingress thereto and egress therefrom so as not to conflict with normal operations of the GRANTOR; however, the GRANTEE shall have full right to enter upon the EASEMENT at any time when normal operations or emergency repairs of the FACILITIES are required. 366 By acceptance of this instrument, the GRANTEE agrees to indemnify and hold harmless the GRANTOR from all and against all suits, claims, judgments, and all loss, damage, costs or charges including attorney's fees and court costs solely arising from the installation or maintenance, repair, use or existence of the GRANTEE'S FACILITIES adjacent to the EASEMENT. This indemnification shall survive any cancellation of this agreement. The GRANTEE shall be held responsible for any damage to adjacent property as a result 0f the future operation of the FACILITIES. The GRANTEE. during the course of future operation of the FACILITIES, shall not encroach beyond the boundaries of the EASEMENT or any other easement that .may be granted by the GRANTOR. Should the EASEMENT be abandoned or discontinued by law or otherwise, or no longer of use for the purposes provided herein or if. the GRANTEE does not comply with any term, covenant, or condition of this instrument, the said EASEMENT shall automatically cease and revert with the right of immediate possession and right of entry to the GRANTOR or its successors in interest .. The GRANTOR does hereby affirm that it has full power and authority to grant this EASEMENT and GRANTEE accepts the property in "as is" condition. All notices, requests, consents and other communications required or permitted under this EASEMENT shall be in writing (including telex and telegraphic communications) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, or sent by any form of overnight mail, addressed to: TO GRANTEE: CITY OF MIAMI BEACH City Manager City of Miami Beach 1700 Convention Center Drive 2 367 WITH COPIES TO: CITY OF MIAMI BEACH City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 3313 9 Miami Beach, FL TO GRANTOR: WITH COPIES TO: or to such other address as any party may designate by notice complying with the terms of this paragraph. Each such notice shall be deemed delivered (1) on the date delivered if by personal delivery; (2) on the date telecommunicated if by telegraph; (3) on the date of transmission with confirmed receipt if by telex, telefax or other telegraphic method; ( 4) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and ( 5) one day after mailing by any form of overnight mail service. (The rest of this page is intentionally blank.) 3 368 IN WITNESS WHEREOF, the GRANTOR herein has caused these presents to be executed on the day and year first above written. Attestation of this EASEMENT shall constitute evidence of approval by the GRANTOR. ATTEST: DR. MODESTO MORA By: ________________ _ Owner of Lot 9 of the corrected plat of Star Island APPROVED AS TO FORM AND LEGALITY: City Attorney 4 369 LEGAL DESCRIPTION AND SKETCH SEE ATTACHED EXHIBIT "A" Page 1 5 370 RESOLUTION TO BE SUBMITTED 371 THIS PAGE INTENTIONALLY LEFT BLANK 372 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor-And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute A Locally Funded Agreement, A Memorandum Of Agreement, A Maintenance Memorandum Of Agreement, And A Perpetual Easement Agreement, With The Florida Department Of Transportation, For The Construction And Maintenance Of Proposed Decorative Street Lights, Landscape, And Irrigation Improvements As Part Of The State Road A 1A/Collins Avenue Project, From 5th Street To Lincoln Road. Key Intended Outcome Supported: Enhance mobility throughout the City. Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction Survey, traffic appears as one of the most important areas affecting residents quality of life; 37% of residents rated traffic flow as poor; traffic is ranked number 2 by residents as one of the changes that will make Miami Beach a better place to live; traffic flow is a key driver for recommending Miami Beach as a place to live. Issue: I Shall the Mayor and City Commission approve the Resolution? Item Summary/Recommendation: The Florida Department of Transportation (FOOT) is planning construction improvements on Collins Avenue/State Road (S.R.) A1A from 5th Street to Lincoln Road (Project). Construction is scheduled to begin in April 2013, and construction is anticipated to end on January 9, 2014. The Project will include roadway milling and resurfacing, restriping, sidewalk/curb and gutter reconstruction, new bulb-outs, drainage improvements, decorative lighting, landscaping, irrigation, and bonded aggregate improvements. The contract amount is $5,770,000. This amount is subject to change depending on changes to the plans. The City and the Collins Improvement Association (CIA) have requested FOOT include enhancements in the Project scope to improve the aesthetics and quality-of-life of this important commercial corridor. The enhancements include decorative lighting, landscape, and irrigation. These enhancements will require FOOT execute various agreements listed below and attached herewith with the City for the construction and maintenance of the proposed enhancements which are considered above and beyond the standard improvements typically implemented as part of standard FOOT roadway improvement projects. These additional improvements carry a cost for the City of $400,486. A. Locally Funded Agreement (LFA) B. Memorandum of Agreement (MOA) C. Landscape and Irrigation Maintenance Memorandum of Agreement (MMOA) D. Perpetual Easement Agreement THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: This is a future FOOT Project (FY 12/13); City's contributions are unfunded at this time. Funding has been requested through the FY 12/13 Capital Budget process. Si n-Offs: MIAMI BEACH 373 AGENDA ITEM DATE \, C71 7-t/1-;-;_ 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 Co'Jmission Kathie G. Brooks, Interim City Manager /#-r--' July 18, 2012 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LOCALLY FUNDED AGREEMENT, A MEMORANDUM OF AGREEMENT, A MAINTENANCE MEMORANDUM OF AGREEMENT, AND A PERPETUAL EASEMENT AGREEMENT, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION AND MAINTENANCE OF PROPOSED DECORATIVE STREET LIGHTS, LANDSCAPE, AND IRRIGATION IMPROVEMENTS AS PART OF THE STATE ROAD A1A/COLLINS AVENUE PROJECT, FROM 5TH STREET TO LINCOLN ROAD. ADMINISTRATION RECOMMENDATION The Administration recommends approving the Resolution BACKGROUND The Florida Department of Transportation (FOOT) is planning construction improvements on Collins Avenue/State Road (S.R.) A1A from 51h Street to Lincoln Road (Project). Construction is scheduled to begin in April 2013, and construction is anticipated to end on January 9, 2014. The Project will include roadway milling and resurfacing, restriping, sidewalk/curb and gutter reconstruction, new bulb-outs, drainage improvements, decorative lighting, landscaping, irrigation, and bonded aggregate improvements. The City has been collaborating with the Collins Improvement Association (CIA) for some time to ensure the FOOT project includes certain aesthetic improvements that will serve to improve the quality-of-life of this important commercial corridor. As a result of the CIA's involvement, the scope of the Project has increased from a simple milling and resurfacing project with little pedestrian enhancements to a $5.7 million project with decorative lighting, landscaping, and irrigation. These enhancements will have a cost of $400,486.00 to the City. These enhancements will require FOOT execute various agreements with the City for the construction and maintenance of the proposed enhancements which are considered above and beyond the standard improvements typically implemented as part of standard FOOT roadway 374 Commission Memorandum -FOOT Agreements for Collins Avenue from 51h Street to Lincoln Road July 18, 2012 Page 2 of 3 improvement projects. ANALYSIS The City of Miami Beach considers Collins Avenue to be a primary north-south arterial and important gateway corridor serving the mobility needs of residents and visitors. As such, the City and the CIA have requested FOOT include enhancements in the Project scope which are considered over and above the standard FOOT roadway improvements. It is important to note that FOOT typically does not include non-standard improvements and enhancements such as decorative street lighting, landscaping, irrigation, and tree wells with bonded aggregate improvements in the scope of its roadway projects unless specifically requested by the municipality wherein the project is located. When such a request is made, the municipality is typically responsible for the capital and maintenance costs associated with the implementation of the non-standard improvements and enhancements as part of the FOOT project. Further, Memoranda of Agreements (MOA) and Locally Funded Agreements (LFA) are required by FOOT in order to fund the construction costs associated with the non-standard improvements as part of an FOOT project. Execution of the Agreements (Attachments A-D) between FOOT and the City is required in order to implement the decorative street lighting, landscaping, irrigation, and tree wells with bonded aggregate improvements along Collins Avenue from 5th Street to Lincoln Road. Below is a description of the purpose and need for each Agreement Locally Funded Agreement (LFA) At the request of the Collins lmprovementAssociation, the City has requested that decorative street lights, landscaping and an irrigation system be installed as part of the Project. This Agreement stipulates that the City will fund the cost for installation ofthe aforementioned enhancements and that FOOT, through its contractor, will install the enhancements along Collins Avenue from 5th Street to 16th Street as part of the Project. This LFA will be for $400,486.00. Memorandum of Agreement (MOA) This Agreement creates an escrow account established by FOOT with an advance deposit in the amount of $400,486 funded by the City for the purpose of installing thirty-seven (37) decorative light poles, landscape, and an irrigation system on Collins Avenue from 5th Street to 16th Street as part of the Project. landscape and Irrigation Mailtenance Memorandum of Agreement (MMOA) FOOT requires that the City enter into a Maintenance Memorandum of Agreement (MOA) for the maintenance of the proposed landscaping and irrigation requested by the City and constructed as part of the Project. FOOT will install landscaping and an irrigation system in accordance with the design plans and the City will be responsible for the maintenance of said enhancements on the FOOT right-of-way. Perpetual Easement Agreement As per the FOOT's standard letter attached (Attachment D), the Department is requesting donation of property for a permanent easement along City rights-of-way to serve the purpose of constructing and maintaining a sidewalk width in compliance with American with Disabilities Act (ADA) clearance requirement of 4 feet minimum. The proposed easement will eliminate the need to remove five (5) 375 Commission Memorandum -FOOT Agreements for Collins Avenue from 51h Street to Lincoln Road July 18, 2012 Page 3 of3 existing coconut palm trees that are on FOOT right-of-way and prevent the compliance with ADA requirements. The parcel is located adjacent to the east sidewalk of Collins Avenue between 1oth Street and 11 1h Street and contains approximately 601 square feet. CONCLUSION The Administration has determined that the State Road A 1A/Collins Avenue Project is in the best interest of the City as it will improve the aesthetics of this primary north-south arterial roadway in the City. As such, the Administration recommends that the Mayor and City Commission approve and authorize the City Manager to execute the required Agreements with FOOT. Attachments: A. Locally Funded Agreement (LFA) B. Memorandum of Agreement (MOA) C. Landscape and Irrigation Maintenance Memorandum of Agreement (MMOA) D. Perpetual Easement Agreement JGG/FHB~/RWS/JRG T:\AGENDA\2012\7-18-12\FDOT AGREEMENTS FOR COLLINS AVENUE FROM 5TH STREET TO LINCOLN ROAD 376 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LOCALLY FUNDED AGREEMENT, A MEMORANDUM .OF AGREEMENT, A MAINTENANCE MEMORANDUM OF AGREEMENT, AND A PERPETUAL EASEMENT AGREEMENT, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION AND MAINTENANCE OF PROPOSED DECORATIVE STREET LIGHTS, LANDSCAPE, AND IRRIGATION IMPROVEMENTS AS PART OF THE STATE ROAD A1A/COLLINS AVENUE PROJECT, FROM 5TH STREET TO LINCOLN ROAD. WHEREAS, the Florida Department of Transportation (FOOT) is planning construction improvements on Collins Avenue/State Road (S.R.) A1A, from 5th Street to Lincoln Road (Project); and WHEREAS, the City has been collaborating with the Collins Improvement Association (CIA) for some time to ensure that the Project includes certain roadway enhancements, such as decorative lighting, landscaping, and irrigation, that will serve to improve the aesthetics and quality-of-life of this important commercial corridor; and WHEREAS, these enhancements will require FOOT and the City to execute various agreements for the construction and maintenance of the proposed enhancements, which are considered above and beyond the standard improvements typically implemented as part of standard FOOT roadway improvement projects; and WHEREAS, FOOT is requiring the City to approve and execute a 1) Locally Funded Agreement (LFA), 2) Memorandum of Agreement (MOA), 3) Maintenance Memorandum of Agreement (MMOA), and 4) Perpetual Easement Agreement, which are necessary for the construction and maintenance of the proposed roadway enhancements as part of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute a Locally Funded Agreement, a Memorandum of Agreement, a Maintenance Memorandum of Agreement, and a Perpetual Easement Agreement, with the Florida Department of Transportation, for the construction and maintenance of proposed decorative street lights, landscape, and irrigation improvements as part of the State Road A 1A/Collins Avenue Project from 5th Street to Lincoln Road. ATTEST: PASSED AND ADOPTED THIS ___ DAY OF ____ .2012. CITY CLERK APPROVED AS TO ----M=A-:-:Y~o=R:----:F::-::ORM & LANGUAGE & FOR EXECUTION T:IAGENDA\2012\5-9-12\FDOT Agreements for Alton Road. RESO.doc 377 '\\v\ '-V Date Attachment A LOCALLY FUNDED AGREEMENT THIS LOCALLY FUNDED AGREEMENT (hereinafter 'Agreement') is made and entered into this _ day of , 20_, between the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida, hereinafter referred to as the 'CITY', and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION a component agency of the State of Florida, hereinafter referred to as the 'DEPARTMENT'. RECITALS: WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road (S.R.) AlA/Collins Avenue corridor within the corporate limits of the CITY; and WHEREAS, the CITY has requested the DEPARTMENT to install or cause to be installed thirty seven (37) decorative light poles, landscape and irrigation along S.R. AlA/Collins Avenue from 5th Street to 16th Street; and WHEREAS, the DEPARTMENT has agreed to install or cause to be installed the thirty seven (37) decorative light poles, landscape and irrigation along S.R. AlA/Collins Avenue from 5th Street to 16th Street, subject to the terms and conditions detailed in this Agreement; and WHEREAS, the CITY shall fund the increased costs, under financial project number 250236-3-52-02, associated with the installation of the thirty seven (3 7) decorative light poles, landscape and irrigation along S .R. A 1 A/Collins A venue, from 5th Street to 16th Street, hereinafter collectively called the 'PROJECT', and as detailed in the attached Exhibit "A", "Scope of Services", which is herein incorporated by reference; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to Sections 334.044(7) and 339.12 (2006), Florida Statutes, and authorize its officers to do so. Pagel ofl3 Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation, Financial Project Numbers 250236-3-52-02 378 NOW, THEREFORE, in consideration of the premises, the mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals The Recitals to this Agreement are true and correct and are incorporated herein by reference and made a part hereof. 2. General Requirements (a) A true and correct copy of the Resolution of the CITY Commission approving this Agreement is attached hereto as Exhibit "C", 'CITY OF MIAMI BEACH RESOLUTION', and is incorporated herein by reference. (b) The CITY shall: 1. utilize the U.S. Department of Homeland Security'y E-Verify system to verify the employment eligibility of all new employees hired by the CITY during the term of the Agreement; and n. expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Agreement term. (c) The DEPARTMENT will administer and construct the PROJECT in accordance with the signed and sealed PROJECT plans and as detailed in the attached Exhibit "A", Page 2 ofl3 Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation, Financial Project Number 250236-3-52-02 379 'Scope of Services'. The DEPARTMENT will complete the PROJECT utilizing the funds provided by the CITY. (d) The CITY will provide funding to the DEPARTMENT, in the aggregate amount of FOUR HUNDRED THOUSAND FOUR HUNDRED EIGHTY SIX DOLLARS ($400,486.00), for the PROJECT, subject further to the provisions in Section 3 of this Agreement and as outlined in the attachment Exhibit "B", "Financial Summary", which is herein incorporated by reference. (e) The DEPARTMENT Contractor will not commence work on the PROJECT until CITY funding for the PROJECT is on deposit with the DEPARTMENT. (f) Upon the receipt, authorization and encumbrance of funding received from the CITY as a result of this Agreement, the DEPARTMENT Contractor will commence work on the PROJECT. 3. Financial Provisions. (a) The CITY agrees that it will, no later than thirty (30) calendar days after the DEPARTMENT's execution of this Agreement, furnish the DEPARTMENT an advance deposit in the amount of FOUR HUNDRED THOUSAND FOUR HUNDRED EIGHTY SIX DOLLARS ($400,486.00) for full payment of the estimated PROJECT cost for Locally Funded project number 250236-3-52-02. The advance deposit shall be the total estimated PROJECT cost plus allowances. The DEPARTMENT may utilize this deposit for payment of the costs of the PROJECT. (b) If the accepted bid amount plus allowances is in excess of the advance deposit amount, the CITY will provide an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT or prior to posting of the accepted bid, Page 3 of13 Locally Funded Agreement between the City of Miami Beach and the Florida Department ofTransportation, Financial Project Number 250236-3-52-02 380 whichever is earlier, so that the total deposit is equal to the bid amount plus allowances. The DEPARTMENT will notify the CITY as soon as it becomes apparent the accepted bid amount, plus allowances, is in excess of the advance deposit amount. However, failure of the DEPARTMENT to so notify the CITY shall not relieve the CITY from its obligation to pay for its full participation on final accounting as provided herein below. If the CITY cannot provide the additional deposit within fourteen (14) days, a letter must be submitted to and approved by the DEPARTMENT's project manager indicating when the deposit will be made. The CITY understands the request and approval of the additional time could delay the PROJECT, and additional costs may be incurred due to a delay of the PROJECT. (c) If accepted bid amount plus allowances is less than the advance deposit amount, the DEPARTMENT will refund the amount that the advance deposit exceeds the bid amount plus allowances if such refund is requested by the CITY in writing. (d) Should PROJECT modifications or changes to bid items occur that increase the CITY's share of total PROJECT costs, the CITY will be notified by the DEPARTMENT accordingly. The CITY agrees to provide, without delay, in advance of additional work being performed, adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund its share of the PROJECT. The DEPARTMENT shall notify the CITY as soon as it becomes apparent the actual costs will overrun the award amount. However, failure of the DEPARTMENT to so notify the CITY shall not relieve the CITY from its obligation to pay for its full participation during the PROJECT and on final accounting as provided herein below. Funds due from the CITY during the PROJECT not paid within forty ( 40) calendar days from the Page 4 of13 Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation, Financial Project Number 250236-3-52-02 381 date of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, Florida Statutes (F.S.). (e) The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred and sixty (360) days of final payment to the Contractor. The DEPARTMENT considers the PROJECT complete when final payment has been made to the Contractor, not when the construction work is complete. All PROJECT cost records and accounts shall be subject to audit by a representative of the CITY for a period of three (3) years after final close out of the PROJECT. The CITY will be notified of the final cost. Both parties agree that in the event final accounting of total PROJECT costs pursuant to the terms of this agreement is less than the total deposit to date, a refund of the excess will be made by the DEPARTMENT to the CITY. If the final accounting is not performed within three hundred and sixty (360) days, the CITY is not relieved from its obligation to pay. (f) In the event the final accounting of total PROJECT costs is greater than the total deposits to date, the CITY will pay the additional amount within forty ( 40) calendar days from the date ofthe invoice from the DEPARTMENT. The CITY agrees to pay interest at a rate as established pursuant to Section 55.03, F .S., on any invoice not paid within forty ( 40) calendar days until the invoice is paid. (g) The payment of funds under this Locally Funded Agreement will be made directly to the DEPARTMENT for deposit and as provided in the attached Memorandum of Page 5 ofl3 Locally Funded Agreement between the City of Miami Beach and the Florida Department ofTransportation, Financial Project Number 250236-3-52-02 382 Agreement (MOA) between the CITY, Department and the State of Florida, Department of Financial Services, Division ofTreasury. (h) Nothing in this Agreement shall be construed to violate the provisions of Section 339.135(6)(a), Florida Statutes, which provides as follows: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year." 4. Effective Date of this Agreement This Agreement shall become effective upon execution by the CITY and the DEPARTMENT and as of the date set forth on page one (1) hereof. Page 6 ofl3 Locally Funded Agreement between the City of Miami Beach and the Florida Department ofTransportation, Financial Project Number 250236-3-52-02 383 5. Provisions Separable The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part. 6. Amendment of Agreement This Agreement may only be amended by mutual agreement of the DEPARTMENT and the CITY, expressed in writing and executed and delivered by each. 7. Notices All notices, requests, demands and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given, made and received when delivered (personally, by courier service such as Federal Express, or by other messenger) against receipt or upon actual receipt of registered or certified mail, postage prepaid, return receipt requested, addressed as set forth below: (a) If to the CITY: (b) Ifto the DEPARTMENT: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: Fred Beckmann, Public Works Director Florida Department of Transportation 1000 NW 111 A venue, Room 6202B Miami, Florida 33172 Attention: Michelle Loren Meaux, JP A Coordinator Any party may alter the address to which communications or copies are to be sent by giving notice of such change of address in conformity with the provisions of this paragraph for the giving of notice. Page 7 of 13 Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation, Financial Project Number 250236-3-52-02 384 8. Entire Agreement This Agreement, including its attached Exhibits, contain the sole and entire Agreement between the parties with respect to such subject matter and supersede any and all other prior written or oral agreements between them with respect to such subject matter. 9. Binding Effect This Agreement shall be binding upon the parties and their respective representatives, successors and assigns. 10. Waiver Waiver by either party of any breach of any provision of this Agreement shall not be considered as or constitute a continuing waiver or a waiver of any other breach of the same or any other provision of this Agreement. 11. Captions The captions contained in this Agreement are inserted only as a matter of convenience or reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any of its provisions. 12. Absence of Third Party Beneficiaries Nothing in this Agreement, express or implied, is intended to (a) confer upon any entity or person other than the parties and their permitted successors and assigns any rights or remedies under or by reason of this Agreement as a third party beneficiary or otherwise except as specifically provided in this Agreement; or (b) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement. Page 8 of13 Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation, Financial Project Number 250236-3-52-02 385 13. Other Documents The parties shall take all such actions and execute all such documents which may be reasonably necessary to carry out the purposes of this Agreement, whether or not specifically provided for in this Agreement; provided that the parties further acknowledge that certain additional actions by the CITY may require approval by the CITY Commission, and, to the extent such approval is required by applicable law, obtaining such approval shall be a condition to the obligations of the CITY under this Section. 14. Governing Law This Agreement and the interpretation of its terms shall be governed by the laws of the State of Florida, without application of conflicts of law principles. Venue for any judicial, administrative or other action to enforce or construe any term of this Agreement or arising from or relating to this Agreement shall lie exclusively in Miami-Dade County, Florida. Page 9 of l3 Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation, Financial Project Number 250236-3-52-02 386 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the day and year first above written, the CITY OF MIAMI BEACH, signing by and through its City Manager, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, signing by and through its District Secretary, each duly authorized to execute same. CITY OF MIAMI BEACH: BY: CITY MA YORIMANAGER ATTEST: (SEAL) CITY CLERK APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION 1! <l\t\\V City Altom~ o8a STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: BY: DISTRICT SECRETARY ATTEST: (SEAL) EXECUTIVE SECRETARY LEGAL REVIEW: DISTRICT CHIEF COUNSEL Page 10 of 13 Locally Funded Agreement between the City of Miami Beach and the Florida Department ofTransportation, Financial Project Number 250236-3-52-02 387 EXHIBIT 'A' SCOPE OF SERVICES The PROJECT work consists of the installation of thirty seven (37) decorative light poles, landscape and irrigation along S.R. AlA/Collins Avenue from 5th Street to 16th Street in the CITY. The PROJECT is further defined in Attachment "AI", PROJECT plans (incorporated herein by reference). The CITY has requested that the decorative lighting poles be of certain style and the DEPARTMENT will install them with the current safety project along S.R. AlA/Collins Avenue from 5th Street to Lincoln Road. PROJECT LIMITS: S.R. AlA/Collins Avenue from 5th Street to 16th Street DEPARTMENT Financial Project Numbers: 250236-3-52-02 COUNTY: Miami-Dade DEPARTMENT Project Manager: Heidi Solaun-Dominguez, P.E.; 305-470-5282 CITY Project Manager: Jose Gonzalez, Transportation Manager; 305-673-7080 Ext. 6768 Page 11 of13 Locally Funded Agreement between the City of Miami Beach and the Florida Department ofTransportation, Financial Project Number 250236-3-52-02 388 EXHIBIT 'B' FINANCIAL SUMMARY The DEPARTMENT's Work Program allocates the following funding, programmed under Financial Project Number 250236-3-52-02, for PROJECT completion: Fiscal Year: Amount: Fund Type: 2012/2013 $400,486.00 Local Funds (LF) CITY OF MIAMI BEACH FINANCIAL RESPONSIBILITY: $400,486.00 Page 12 of 13 Locally Funded Agreement between the City of Miami Beach and the Florida Department ofTransportation, Financial Project Number 250236-3-52-02 389 EXHIBIT 'C' CITY OF MIAMI BEACH RESOLUTION To be attached hereto and incorporated herein once ratified by the CITY Commission. Page 13 ofl3 Locally Funded Agreement between the City of Miami Beach and the Florida Department a/Transportation, Financial Project Number 250236-3-52-02 390 .:·· =:· "" ".".: ":·" " " .:: :· """"" : --.: "" "" .:· .·.··:· ·..-·= ....... -.:···.,... "·.·· .... :. Attachment B MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this __ , day of , 20_, by and between the State of Florida, Department of Transportation, hereinafter referred to as "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury, hereinafter referred to as "TREASURY" and the City of Miami Beach hereinafter referred to as the "PARTICIPANT". WITNESSETH WHEREAS, FDOT is currently constructing the following project: Main Financial Project No.: 250236-3-52-02 County: Miami-Dade hereinafter referred to as the "PROJECT". WHEREAS, FDOT and the PARTICIPANT entered into a Locally Funded Agreement (LFA) dated , 20_, wherein FDOT agreed to perform certain work on behalf of the PARTICIPANT in conjunction with the PROJECT. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of FDOT and the PARTICIPANT to establish an interest bearing escrow account to provide funds for the work performed on the PROJECT on behalf of the PARTICIPANT by FDOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit in the amount of Four Hundred Thousand Four Hundred Eighty Six Dollars ($400,486.00) will be made by the PARTICIPANT into an interest bearing escrow account established by FDOT for the purposes of the PROJECT. Said escrow account will be opened with the TREASURY on behalf of FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FDOT. 2. Other deposits will be made only by the PARTICIPANT as necessary to cover the cost increases or the cost of additional work prior to the execution of any Supplemental Agreements or Amendments. 3. Payment will be made as follows (check appropriate payment method): D Wire transfer 0 ACH deposit D Check 391 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER 392 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF TREASURY PARTICIPANT SIGNATURE PARTICIPANT NAME & TITLE PARTICIPANT ADDRESS FEDERAL EMPLOYER I.D. NUMBER APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Attachment C FLORIDA DEPARTMENT OF TRANSPORTATION LANDSCAPE AND IRRIGATION MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI BEACH This AGREEMENT, entered into on , 20 __ , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the DEPARTMENT, and the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida, hereinafter called the CITY, and collectively referred to as the PARTIES. RECITALS: A. The DEPARTMENT has jurisdiction over State Road (S .R.) AlA/Collins Avenue from 5th Street (MP 3. 676) to 16th Street(MP 4.660), which is located within the limits of the CITY; and B. The DEPARTMENT, pursuant to Contract # T-6294, has drafted design plans for improvements on S. R. AlA/Collins Avenue from sth Street to 16th Street, the limits of which are described in the attached Exhibit 'A' (the PROJECT LIMITS) , which by reference shall become a part of this AGREEMENT; and C. The DEPARTMENT will install landscape and irrigation systems in accordance with the design plans for Contract # T-6294(the nProject"); and D. The PARTIES to this AGREEMENT mutually recognize the need for entering into an agreement designating and setting forth the responsibilities of each party with regards to the maintenance of the landscaping and irrigation systems installed pursuant to the Project; and E. The CITY, by Resolution No. , dated attached hereto as Exhibit 'B', which by reference shall become a part of this AGREEMENT, desires to enter into this AGREEMENT and authorizes its officers to do so. NOW, benefits THEREFORE, contained for and in herein and consideration other good of the mutual and valuable Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 1 of 11 393 consideration, the parties covenant and agree as follows: 1. RECITALS The recitals in are incorporated hereof. this AGREEMENT are true and herein by reference and 2. DEPARTMENT RESPONSIBILITIES correct, made a and part The PARTIES agree that by executing this AGREEMENT all maintenance responsibilities pertaining to the landscape within the PROJECT LIMITS are assigned to the CITY in perpetuity upon the DEPARTMENT'S release of its contractor from further warranty work and responsibility, as set forth in Section 580-5 of the Department's Standard Specification for Road and Bridge Construction. Additionally, the PARTIES agree that all maintenance responsibilities pertaining to the irrigation shall be assigned to the CITY in perpetuity upon the DEPARTMENT's issuance of the Notice of Final Acceptance of the Project to its contractor. 3. CITY'S MAINTENANCE RESPONSIBILITIES The CITY shall maintain the landscape and irrigation in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall not be limited to the Maintenance Rating Program Handbook, as may be amended from time to time. Additionally, the CITY shall maintain the landscape and irrigation in accordance with the International Society of Arboriculture standards, guidelines, and procedures, as may be amended from time to time, and in accordance with the standards set forth in the Project Plans, and in the Project Specifications and Special Provisions. The CITY'S maintenance obligations shall include but not be limited to: a. Mowing, cutting and/or trimming and edging the grass and turf. b. Pruning all plant materials, which include trees, shrubs and ground covers, and parts thereof. c. Removing and properly disposing of dead, diseased or otherwise deteriorated plants in their entirety, and Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 2 of 11 394 replacing those that fall below the standards set forth in the Project Plans and in the Project Specifications, incorporated herein by reference, and all applicable Department guidelines, standards and procedures, as may be amended from time to time. All replacement materials shall be in accordance with the Project Plans and the Project Specifications and Special Provisions. d. Mulching all plant beds and tree rings. e. Removing and disposing of including but not limited removal of invasive exotic all undesirable vegetation to weeding of plant beds and plant materials. f. Watering and fertilizing all maintain the plant materials in growing condition. plants as needed to a healthy and vigorous g. Performing routine and regular inspection of the irrigation system (s) to assure that the systems are fully functional; identifying damage and/or malfunctions to the system(s); repairing and/or replacing broken or missing irrigation equipment; and adjusting spray heads to eliminate overspray of water onto paved areas. h. Paying all for water use and all costs associated therewith. i. Removing and disposing of litter from roadside and median strips in accordance with all applicable government rules, regulations, policies, procedures, guidelines, and manuals, as amended from time to time. j . Removing and disposing of all trimmings, roots, branches, litter, and any other debris resulting from the activities described by 2.A through 2.I. k. Maintaining a service log of all maintenance operations that sets forth the date of the maintenance activity, the location that was maintained, and the work that was performed. 1. Submitting Lane Closure Requests to the DEPARTMENT when maintenance activities will require the closure of a traffic lane in the DEPARTMENT's right-of -way. Lane Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 3 of 11 395 closure requests shall be submitted through the District Six Lane Closure Information System/ to the Departmentrs area Permit Manager and in accordance with the District Six Lane Closure Policy/ as may be amended from time to time. The DEPARTMENT may 1 at its sole discretion/ perform periodic inspection of the landscape and irrigation to ensure that the CITY is performing its duties pursuant to this AGREEMENT. The DEPARTMENT shall share with the CITY its inspection findings/ and may use those findings as the basis of its decisions regarding maintenance deficiencies/ as set forth in Section 4 of this AGREEMENT. The CITY is responsible for obtaining copies of all applicable rules 1 regulations/ policies/ procedures 1 guidelines/ and manuals 1 and the Project Specification and Special Provisions 1 as may be amended from time to time. 4. MAINTENANCE DEFICIENCIES If at any time it shall come to the attention of the DEPARTMENT that the CITY's responsibilities as established herein are not being properly accomplished pursuant to the terms of this AGREEMENT/ the DEPARTMENT may 1 at its option/ issue a written notice 1 in care of the CITY MANAGER/ to notify the CITY of the maintenance deficiencies. From the date of receipt of the notice 1 the CITY shall have a period of thirty (30) calendar days 1 within which to correct the cited deficiency or deficiencies. Receipt is determined in accordance with Section 5 of this AGREEMENT. If said period/ follows: deficiencies are not the DEPARTMENT mayr corrected within at its option/ this time proceed as a. Maintain the landscape and irrigation/ or a part thereof and invoice the CITY for expenses incurred; or b. Terminate this AGREEMENT in accordance with Section 7 1 remove any or all landscape and irrigation located within the PROJECT LIMITS 1 and charge the CITY the reasonable cost of such removal. 5. NOTICES All notices r requests 1 demands r consents r approvals 1 and Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 4 of 11 396 other communication which are required to be served or given hereunder, shall be in writing and shall be sent by certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To the DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6205 Miami, Florida 33172-5800 To the CITY: Attn: District Maintenance Engineer City of Miami Beach 1700 Convention Center Drive Miami, Florida 33139 Attention: City Manager Notices shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. 6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE LANDSCAPE AND IRRIGATION SYSTEMS a. The PARTIES addressed by or adjusted DEPARTMENT's DEPARTMENT agree that the landscape and irrigation this AGREEMENT may be removed, relocated at any time in the future, at the sole discretion. In the event that the relocates or adjusts the landscape and the CITY'S maintenance responsibilities the relocation or adjustment, as long as irrigation, wi 11 survive the materials 7 . TERMINATION remain within the PROJECT LIMITS. This AGREEMENT is subject to termination under any one of the following conditions: a. By the DEPARTMENT, if the CITY fails to perform its duties under Section 3 of this AGREEMENT, following the thirty (30) days written notice, as specified in Section 4 of this AGREEMENT. b. In accordance with Section 287.058(1) (c), Florida Statutes, the DEPARTMENT shall reserve the right to unilaterally cancel this AGREEMENT if the CITY refuses to allow public access to any or all documents, papers, Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 5 ofll 397 letters, or other materials made or received by the CITY pertinent to this AGREEMENT which are subject to provisions of Chapter 119, of the Florida Statutes. c. If mutually agreed to by both parties, upon thirty (30) days advance notice. An agreement to terminate shall be valid only if made in writing and executed with the same formalities as this AGREEMENT. 8. TERMS a. The effective date of upon execution by the continue in perpetuity forth in Section 7. this AGREEMENT This shall commence AGREEMENT shall Parties. or until termination as set b. For purposes of performing its duties under this AGREEMENT, the CITY shall insert the following clause into any contracts entered into by the CITY, with vendors or contractors: Vendors/Contractors i. Shall utilize the U.S Department of Homeland Security,s E-Verify system to verify the employment eligibility of all new employees hired by the vendo"r I contractor during the term of the AGREEMENT; and ii. Shall expressly require subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security,s E-Verify system to verify the employment of all new employees hired by the subcontractors during the AGREEMENT term. c. This writing embodies the entire agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. d. This AGREEMENT shall not be transferred or assigned, in whole or in part, without the prior written consent of the DEPARTMENT. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 6 of 11 398 e. This AGREEMENT shall be governed by and constructed in accordance with the laws of the State of Florida. Any provisions of this AGREEMENT found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions of the AGREEMENT. f. Venue for any and all actions arising out of or in connection to the interpretation, validity, performance or breach of this AGREEMENT shall lie exclusively in a state court of proper jurisdiction in Leon County, Florida. g. A modification or waiver of any of the provisions of this AGREEMENT shall be effective only if made in writing and executed with the same formality as this agreement. h. The section headings contained in this AGREEMENT are for reference purposes only and shall not affect the meaning or interpretation hereof. i. No term or provision of this AGREEMENT shall be interpreted for or against either Party because the Party or its legal representative drafted the provision. j. The DEPARTMENT is a state agency, self-insured and subject to the provisions of Section 768.28, Florida Statutes, as may be amended from time to time. Nothing in this AGREEMENT shall be deemed or otherwise interpreted as waiving the DEPARTMENT'S sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. 9. INDEMNIFICATION Subject to Section 768.28, Florida Statutes, as may be amended from time to time, the CITY shall promptly indemnify, defend, save and hold harmless the DEPARTMENT, its officers, agents, representatives and employees from any and all losses, expenses, fines, fees, taxes, assessments, penalties, costs, damages, judgments, claims, demands, liabilities, attorneys fees, (including regulatory Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 7 ofll 399 and appellate fees), and suits of any nature or kind whatsoever caused by, arising out of, or related to the CITY's exercise or attempted exercise of its responsibilities as set out in this AGREEMENT, including but not limited to, any act, action, neglect or omission by the CITY, its officers, agents, employees or representatives in any way pertaining to this agreement, whether direct or indirect, except that neither the CITY nor any of its officers, agents, employees or representatives will be liable under this provision for damages arising out of injury or damages directly caused or resulting from the sole negligence of the DEPARTMENT. The CITY's obligation to indemnify, defend and pay for the defense of the DEPARTMENT, or at the DEPARTMENT's option, to participate and associate with the DEPARTMENT in the defense and trial of any claim and any related settlement negotiations, shall be triggered immediately upon the CITY's receipt of the DEPARTMENT's notice of claim for indemnification. The notice of claim for indemnification shall be deemed received if the DEPARTMENT sends the notice in accordance with the formal notice mailing requirements set forth in Section 5 of this AGREEMENT. The DEPARTMENT's failure to notify the CITY of a claim shall not release the CITY of the above duty to defend and indemnify the DEPARTMENT. The CITY shall pay all costs and fees related to this obligation and its enforcement by the DEPARTMENT. The indemnification provisions of this section shall survive termination or expiration of this AGREEMENT, but only with respect to those claims that arose from acts or circumstances which occurred prior to termination or expiration of this AGREEMENT. The CITY's evaluation of liability or its inability to evaluate liability shall not excuse the CITY's duty to defend and indemnify the DEPARTMENT under the provisions of this section. Only an adjudication or judgment, after the highest appeal is exhausted, specifically finding the DEPARTMENT was solely negligent shall excuse performance of this provision by the CITY. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 8 ofll 400 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. CITY OF MIAMI BEACH: STATE OF FLORIDA BY: --------------------------CITY Mayor DEPARTMENT OF TRANSPORTATION: BY: -----------------------------District Director of Transportation Operations ATTEST: _________________ (SEAL) ATTEST: __________________ __ BY: CITY Clerk Executive Secretary LEGAL REVIEW: BY: --------------------------------------------------------CITY Attorney District Chief Counsel Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 9 of 11 ~01 EXHIBIT 'A' PROJECT LIMITS Below are the limits of the landscape and irrigation to be maintained under this AGREEMENT. State Road Number: AlA/Collins Avenue Agreement Limits: From sth Street (M.P. 3.676) to 16~ Street (M.P. 4.660) County: Miami-Dade Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 10 ofll 402 EXHIBIT 'B' CITY OF MIAMI BEACH RESOLUTION To be herein incorporated once ratified by the CITY Board of Commissioners. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page II of II 403 Attachment D Florida Department of Transportation RICKSCOTI GOVERNOR Fred Beckman, P.E. Public Works Department 1700 Convention Center Drive Miami, Beach, Florida 33139 ITEM/SEGMENT NO.: MANAGING DISTRICT: F.A.P.NO.: STATE ROAD NO.: COUNTY: PARCEL NO(s).: Dear Mr. Beckman: 2502363 SIX N/A 1000 NW 111 Avenue Miami. Florida 33172-5800 May21, 2012 SR-AlA (Collins Avenue) Miami-Dade 801 A:'IIA'l'H PRASAD,l•.E. SECRETARY The Florida Department of Transportation, District VI, is proposing a project on SR AlA I Collins A venue from 5th Street to Lincoln Road. This segment consists mainly of commercial and residential uses and the purpose of the project is to adjust existing sidewalks and ramps to comply with ADA standards as well as to perform milling and resurfacing of the roadway. The Department bas the need to obtain a donation from City of Miami Beach; pursuant to Section 337.29, of the Florida Statues and the Florida Department of Transportation Right of Way Procedures for acquiring rights of way from other governmental agencies. Parcel 801: Easement is being requested for the modification to adhere to current ADA standards and in order to maintain the sidewalks in the future. The parcel contains 601 square feet, more or less. WV>~W .dot.state. tlus 404 Page2 This project has been fast tracked and will require the City of Miami Beach to transfer Parcels 801 to the Department no later than June 6, 2012. Therefore, we have attached the following documents for your review and to begin the process to allow this item through appropriate meetings for approvals: 1. Legal Description and Parcel Sketches showing location and size of parcels 2. Proposed Perpetual Easements and Resolution Instruments prepared by the Department 3. Right of Way Acquisition Brochure and Donation Form 4. Project Fact Sheet Slides 5. Power Point Slide Sheets Describing Parcel 6. Pertinent Contract Plan Sheet We look forward to working together for the fulftllment of our Public Service mission. If you have any questions, and/or need additional information please contact me at 305-470-5157. Steven C. Imas Right ofWay Agent Enclosures Cc: Javier Bustamante, Jose Gonzalez, Alejandro Casals, Diego Rivadeneira, Richard Lineberger www.dot.state.fl.us 405 07-PE.13 This instrument prepared by, or under the direction of, Alicia Trujillo, Esq. District Six ChiefCmmsel State of Florida Department of Transportation 1000 N.W. 111th Avenue Miami, Florida 33172 May21, 2012-NE Parcel No. : 8(H.l Item/Segment No. : 2502363 Managing District : 6 PERPETUAL EASEMENT TinS EASEMENT Made the __ day of 20 ___, by THE CITY OF MIAMI BEACH, a municipality of the State of Florida, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, its successors and assigns, grantee. WITNESSEm: That the grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its successors and assigns, a perpetual easement for the purpose of constructing and maintaining a sidewalk in compliance with the ADA clearance requirement of 4.00 feet within the Right of Way in, over, under, upon and through the following described land in Miami-Dade County, Florida, viz: PARCEL801 FIN No. 2502363 A parcel of land being a portion of Lots 12, 13 and 14, Block 15 of OCEAN BEACH, FLA. ADDITION NO.2, according to the Plat thereof, as recorded in Plat Book 2, Page 56 of the Public Records of Miami-Dade County, Florida, and being more particularly described as follows: From the POINT OF BEGINNING at the Northwest Comer of said Lot 14; thence runS 79"1 0'36" E, along the North Line of said Lot 14, for a distance of5.36 feet; thence runS 11°35'34" W for a distance of26.64 feet; thence runS 83°25 • 43" E for a distance of 1.56 feet; thence run S 06°22' 45" W for a distance of9.00 feet; thence run N 82°57' 12" W for a distance of 1.56 feet; thence run S 11 °00'22" W for a distance of 19.13 feet; thence run N 79°57'21" W for a distance ofO. 70 feet; thence run S 1 ODJ5'32" W for a distance of3 8.02 feet; thence run S 72°52'08" E for a distance of0.54 feet; thence runS 10°48'36" W for a distance of18.48 feet; thence run N79"23'21" W for a distance of5.58 feet, to the point of intersection with the East Right of Way line of State Road A-1-A (Collins Avenue) as shown on the Florida Department of Transportation Maintenance Map, Section 87060-2581 (said Right ofWay line also being the West Lines of said Lots 12, 13 and 14; thence run N 10°47'35" E, along said Right of Way line, a distance of 111.32 feet to the POINT OF BEG1NNING. Containing 601 square feet, more or less. S. Bruce-Consultech. 5-16-2012 AS SHOWN ON EXHIBIT "A". ATTACHED HERETO AND TO BE MADE A PART HEREOF TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever, together with immunity unto the said grantee, its successors and assigns from all claims for damage, if any, arising from or growing out of such construction and/or maintenance to the lands, if any, owned by the grantor, lying adjacent or contiguous to the lands hereinabove described and the grantor will defend the title to said lands against all persons claiming by, through or under said grantor. 1 of 6 406 IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: ------------------------The City of Miami Beach Its City Clerk By. ________________________ ___ Its Mayor Address STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this ____ day of 20 ___ , by , Mayor, who is personally known to me or who has produced as identification. ---------------------------- (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any: ------------ Date 2 of 6 407 r-h-----------------------------------------------------------------·~~--EXH I 8 I T "'A~· UGAt._ DISCI] PTIOU • PMCEL &011 I pot'UI Of IGftef btf-1"'0 0 por"tJQI"' Of t.Qt• 1.2. U and J.C,. lloek !5 of OCEJ\ti KliCH• Ft..A• ADDifiCW 110. i. GCCOt'dlf19 to t11i1t Pit* ~. GS r'ecordad tn Plot OCJCJ!t 1', Poof, II of tb• Jllulat ro Rmlorc of 'MTG!Il·-DCIU· Och..'ll'lfy. 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'IEEIIllr.IRRII!IEI..IIIt. ill !121 J.E GaOL lll'IES at HET 1111: '=t:: !r.r. f4D, 250111-3·R:;.-~~rl;;;~: !llfll :r • ~ 07-PE.14 This instrument prepared by, or under the direction of, Alicia Trujillo, Esq. District Six Chief Counsel State ofFlorida Department of Transportation 1000 N.W. 111 th Avenue Miami, Florida 33172 May 21, 2012-NE Parcel No. : 801.1 Item/Segment No. : 2502363 Managing District : 6 RESOLUTION ON MOTION of Commissioner--------------' seconded by Commissioner -----------..J the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. A-1-A, Section No. 2502363, in Miami-Dade County, Florida: and WHEREAS, it is necessary that an easement across certain lands now owned by The City of Miami Beach, Florida, be acquired by the State of Florida Department ofTransportation: and WHEREAS, said use is in the best interest of the City: and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State ofFlorida Department of Transportation a perpetual easement, or easements, in favor of the State of Florida Department of Transportation for the purpose of constructing and maintaining a sidewalk in compliance with the ADA clearance requirement of 4.00 feet within the Right of Way, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners ofThe CityofMiami Beach, Florida, that the application of the State of Florida Department of Transportation for a perpetual easement, or easements, is for transportation purposes which are in the public or community interest and for public welfare; that a perpetual easement, or easements, in favor of the State of Florida Department of Transportation in Miami-Dade County, Florida, should be drawn and executed by this Board of City Commissioners. Consideration shall be $ BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at Tallahassee, Florida. 5 of 6 410 STATE OF FLORIDA CITY OF MIAMI-DADE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of Miami Beach, Florida, at a meeting held on the __ day of 20 __ ATTEST: -------------------- Clerk (or Deputy Clerk) of the Circuit Court (Affix County Seal) 6 of 6 411 The Board of City of Miami Beach, Florida, By its Board of City Commissioners By:------------- Its Chair (or Vice-Chair) (Address) --4m 0 :::r:l>-oO mt.n:tJz Q~~~ --4-< m 0 0 Zt.nz 0-tm -nzo~ ~m-oo -mmc l>c::om ~m-ot.n -cm-1 --f CJ 11-c .., m:::o)>o :t>or-:"J Q~ )> 412 N U1 0 N ()J m ()J 413 CQWI!S CO!Nlr.. :.;.;.,l)OLLIN$ C(JtJRT lllifflll I2ZJ fltNOrJ;S -IM C::':J f'ffF.'I.,~,.,. ~ D£11111'£5 tt«11f!! ,...tlltllr _____ ;.._. P.ll•=· -'I<IIIE ___ _ COUJNS caJRT ~ ~ FW u < ..: ~ ~ i i i ~ r.: ~ i ' .. e ' ~ ; ~ ~ :Jft'.f&'fJ.U. 'l'UT -·--l t"" •'\ :.;;, f; DCENI COIIffr I i: ·--. -. ~.. a~·~· ··-,;..,...,,_.. I ~' I SHm! /Cf 'Z.P.E. INtrAI!I'I'MRtYrCJr1'lfltNII'fHtf".'l17rtV: JlO,. ....... "'l""" ....... 415 575-030-12 RIGHT OF WAY 06199 RICKSCOTI' GOVERNOR Florida Department of Transportati(Jn lOOONW'lll Avenue Miami. F'L 33172 .ANANTH PRASAD, P.E. SECRETARY Donation of Property to the· Florida Department of Transportatl~n FRED BECKMAN, P.E. CITY OF MIAMI BEACH PUBLIC WORKS OEPARMENT 1700 ·cONveNTION CENTER DRIVE M~IBEACH,FL33139 ITEM/SEGMENT NO.: 2502363 MANAGING· DISTRICT~ =SIX;.;:;:.;=----------- F.A.P. NO:: N/A STATE ROAD NO.: A1A (COLLINS AVENUE) COUNTY: MIAMI-DADE. PARCEL NO.: 801 =------------------------INTEREST CONVEYED: PERPETUAL EAS.EMENT This Is to advise that the undersigned, as ()~ner of the property or property Interest referenced above and as shown on Right of Way maps for referenced proJect, desires to make a voluntary·dqnation of said property or property interest to the State of Florida for the use and benefit of the Florida Department of Transportation. · The undersigned hereby acknowl~dges t~at he/she has been fully advised by a Department representative of his/her right to have the referenced property or property interest appraised, to accompany the appraiser durlrig .the appraisal inspection .of the property, to receive full compensation for the above referenced property, and to receive reimbursement for reasonable fees and e9sts incurred, if any. Having .been fully Informed of the above rights, I hereby waive those rights unless otherwise noted below. Owner's Signature Type· or Print Pro~rty Owner's Name Street Address City, State, Zip Code. ·Date www.dot.state.fl.us 416 INSTRUCTIONS FOR COMPLETION OF THE DONATION OF PROPERTY TO THE 575-030-12 RIGHT OF WAY 06199 FLORIDA DEPARTMENT OF TRANSPORTATION (FORM 575-030-12) This form should be printed on official DOT DATE AND INSIDE ADDRESS: PROJECT/PARCEL INFORMATION: OWNER'S SIGNATURE BLOCK: ORIGINAL: COPIES: letterhead. Space is provided for a date and inside address of the property owner. The following information can be located in the legal documents and Right of Way map for each project and is required on official Department forms: Item/Segment No. Managing District F.A.P. No. State Road No. County Parcel No. The owner must sign and provide an address and date before the Department can accept the donation. Parcel File Owner(s) 417 COLLINS CCI/Rf:-: l'o COLLINS COURT ~ 0 10 i/0 ,Feet 0 0 ID ~ ~ ...._ ~~~l i tt. M?NG AND RESURFJCING_; ; ~ 4--:_;_t-I--~-~il------------'---------~ = ::i -~ -~ ---------~Tc:x------------~-. -2 . ..J-eW..:-: :X: ------161 ~ 1~ .t.l:. Sl'IO (.) ()0 ·:t: . ;,/,:-: ~,: .. ~,:. ~~ • , ' I . .. -!;;: :::& LEGEND fZZl DENOTES WIDENING rr.:J fflfJfmlY!Ifidfrr l522l DENOTES LICENSE /JGREEIIENT -------------=~~~~ ~~~~f~~~cr_~_LE ________ ~ OCEAN coom;.:*'-~ijfi mRJf~'?ft.{gAIL SHEET OCEAN COURT ROADWAY PLAN ... .; ..: ~ ~ ~ ~ ~ i "' ~ ~ Q ~ ;;; ~ ;;: " ~ ~ ~ .. ~ ~ t; ~ !! ~ ~ I :;! u i .. i!: ~ ~ " SHEET NO. -24 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Adopting the One-Year Action Plan for FY 2012-2013, which includes the budgets for the Community Development Block Grant (CDBG) Program, the HOME Investment Partnerships program (HOME), and the State Housing Initiatives Partnership program (SHIP); authorizing the City Manager to execute all applicable Action Plan documents; authorizing the Mayor and City Clerk to execute agreements for sub-recipients; and authorizing the appropriation of all federal and state funds when received. Key Intended Outcome 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 2011 Strategic Plan Update: 80% of residents 65-years or older rated City response to expectations as good or excellent; 67% of households with children rated Miami Beach city government as good or excellent in supporting or meeting their expectations; 43.6% of residents responded favorably to the City's handling of homelessness; and 64% of residents felt that code enforcement was acceptable. Issue: I Shall the City adopt the One-Year Action Plan for FY 2012-2013 in substantially the attached form? Item Summary/Recommendation: For fiscal year 2012-2013, the following federal and state entitlementfunds are available for the City's use: $909,737 the annual entitlement allocation for the CDBG program, plus $158,338 from prior years' unexpended administrative funds; $491,136 the annual entitlement allocation of HOME program funds, plus $266,646 from prior years' unexpended administrative funds; and $42,524 allocated by the State of Florida for FY 2011-2012 for the SHIP program. Two Requests for Proposals (RFP) were issued simultaneously on April 2, 2012, for the selection of sub-recipients for the entitlement funds, which offered available funds net of the City's allowed administrative funds and other set-asides. One RFP was for the CDBG funds for public services and CDBG-eligible capital projects. The second RFP was for affordable housing funding from HOME and SHIP, and sought only affordable housing proposals. Eighteen (18) proposals were received for the CDBG funds, and only one (1) proposal was received for HOME and SHIP funds. The proposals for the CDBG funds were reviewed by the Administration and by the Community Development Advisory Committee (CDAC). Presentations were also made to CDAC by all applicants for CDBG funding. The proposals for CDBG funding were ranked according to their impact on the Consolidated Plan, project description, specific goals, budget analysis, and leveraging of funds. After review and deliberations by the Administration and CDAC, the resulting recommendation to fund thirteen (13) activities with the CDBG funds was incorporated into the proposed One-Year Action Plan, which is due to HUD in August. The sole response to the RFP for affordable housing funds was from Miami Beach Community Development Corporation (MBCDC). MBCDC proposes to utilize available HOME project funds to fill a funding gap in the London House II project, located at 1975 Washington Avenue; and proposes to utilize available SHIP funds for home-buying activities as per the SHIP rules. The City's Loan Review Committee was informed that a sole proposal was received for affordable housing funds. The City is also required to set-aside a minimum of 15% of its HOME funds allocation for a qualified Community Housing Development Organization (CHDO), and a minimum of five (5%) percent of its HOME funds to the CHDO for administrative funding. In accordance with HUD's Citizen Participation Process requirement, the proposed One-Year Action Plan for the allocation and use of CDBG and HOME funds was advertised and posted on the City's website for a 30 day public comment period from June 18 through July 17,2012. Furthermore, after being duly advertised, a meeting to collect public input was held on June 27, 2012. A representative of Sunflower Society attended the public meeting and expressed dissatisfaction with the CDBG public service recommendations, which did not include funding for Sunflower Society. No further public comments have been received. Advisory Committee Recommendation: I The Community Development Advisory Committee (CDAC) met as follows: • May 17, 2012-Applicants for CDBG funding made oral presentations to CDAC; • May 23, 2012-CDAC reviewed proposals and made recommendations for FY 2012-2013 One-Year Action Plan; • May 31, 2012 -CDAC made final recommendations for allocations. Additionally, a Public Meeting was held on June 27, 2012 to obtain input and comments from citizens. A draft of the Action Plan was made available for a 30-d~!Y: comment period, as required by HUD, from June 18, 2012 through July 17, 2012. Financial Information· Source of Funds: Amount Account 1 $909,737 CDBG Allocation FY 2012-2013 (136) 2 $158,338 CDBG Prior Year Administration Funds (132-1931 ;133-1931; 134-1931) if' I 3 $491,136 HOME Allocation FY 2012-2013 (180) I 4 $266,646 HOME Prior Year Administration Funds (151-5222, 5223, 5224) 5 $42,524 SHIP FY 2011-2012 (152-5721) OBPI Total $1,868,381 Financial Impact Summary: Federal CDBG and HOME funding, as well as State SHIP funds, will be allocated to the City of Miami Beach and the CJ!y will allocate the FY 2012-2013 entitlements to projects and sub-recipients. City Clerk's Office Legislative Tracking: Anna Parekh fl Sign-Offs: /;1 " 1\ Department Director J AsiJ.fttt¢itf M~ger I AP .IL\OC I MAS l.i/vf/'1./ v-/ I KGB f.J\1 v 0 MIAMI BEACH 419 ~Manager -7~ // AGENDA ITEM C 7 {( DATE 7-(l{-/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 Kathie G. Brooks, Interim City Manag~ ·/~ July 18,2012 / - A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CITY'S ONE-YEAR ACTION PLAN FOR FEDERAL FUNDS FOR FISCAL YEAR 2012/2013, WHICH INCLUDES THE BUDGETS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG), THE HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME), AND THE FISCAL YEAR 2011/2012 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM; AUTHORIZING THE CITY MANAGER TO MAKE MINOR NON- SUBSTANTIVE CHANGES TO THE ONE-YEAR ACTION PLAN OR RESULTING AGREEMENTS BEFORE EXECUTION (WHICH MAY BE IDENTIFIED DURING THE FINALIZATION AND/OR REVIEW PROCESS, AND WHICH DO NOT AFFECT THE PURPOSE, SCOPE, APPROVED BUDGET AND/OR INTENT OF THE PLAN); AUTHORIZING THE CITY MANAGER TO EXTEND THE EXPIRATION DATES OF SAID AGREEMENTS WHEN NECESSARY; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS AND SUBMIT THE ONE-YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS FOR SUB-RECIPIENTS OF CDBG, HOME AND SHIP FUNDS; AND AUTHORIZING THE APPROPRIATION OF ALL FEDERAL AND STATE FUNDS WHEN RECEIVED. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The City of Miami Beach is a HUD-designated entitlement city, as determined by the decennial census information on population growth lag, age of housing stock, and poverty. The City of Miami Beach has been a CDBG entitlement city since 1975. The HOME Program, also funded by HUD, was started in 1992 to provide a grant specifically for affordable housing. HUD allocates these funds "to strengthen public/private partnerships and to expand the supply of decent, safe, sanitary, and affordable housing with primary attention to rental housing, for very low-income families." As an entitlement city, the City of Miami Beach automatically qualifies for an annual allocation of federal funding under HUD's grant programs. HUD requires participating jurisdictions to submit an annual One-Year Action Plan which describes how the city will utilize funding and resources to address priority needs identified in the Consolidated Plan. The One-Year Action Plan is one component of the Five-Year Consolidated Plan that is filed by the City with HUD. The One-Year Action Plan follows the strategies that have been included in the 2008-2012 Five-Year Consolidated Plan. CDBG funds have been primarily used to provide vital public services, housing activities, code enforcement, and improvements to public facilities, such as youth 420 Commission Memorandum-FY 2012/2013 Action Plan July 18, 2012 Page 2 of7 centers and senior centers, while HOME and SHIP funds have been used for affordable rental housing activities and first time homeownership opportunities. The State Housing Initiatives Partnership (SHIP) Program, administered through the Florida Housing Finance Corporation (FHFC), was established by the 1992 William E. Sadowski Affordable Housing Act to stimulate the production of housing statewide. Annually, FHFC allocates SHIP Program funds among participating jurisdictions on a formula basis. The City has participated in the SHIP Program since FY1995-1996. The City had historically received approximately $500,000 a year in SHIP funds, of which 90% had been allocated to provide program-eligible activities to income-eligible persons. However, in recent years the State has reallocated the SHIP Trust funds to other uses in the State's General Fund. As a result, funding for FY2009-201 0, FY201 0-2011, and FY2011-2012 was reduced to $43,691, $0, and $42,524, respectively. The use of the SHIP funding is outlined and governed by the City's Local Housing Assistance Plan. Staff conferred with HUD representatives to request permission to utilize any prior year unspent administrative funds from CDBG and HOME to re-allocate for project costs. After receiving HUD's approval, the Administration included those funds in the RFP process to be allocated for capital projects (affordable housing). The HUD HOME rules require that entitlement communities must reserve a minimum of 15% of its annual allocation for activities undertaken by qualified Community Housing Development Organizations. A Community Housing Development Organization (CHDO) is a private nonprofit, community-based service organization that has obtained or intends to obtain staff with the capacity to develop affordable housing for the community it serves. A CHDO must meet certain requirements pertaining to its legal status, organizational structure, capacity and experience. The only certified CHDO in Miami Beach is the Miami Beach Community Development Corporation (MBCDC). This fiscal year, the total available funds for distribution are as follows: Community Development Block Grant FY12-13 Entitlement estimated by HUD ............................................................... $909,737 Less administrative allowance (20%) .............. -$181,947 Less repayment for Section 108 loan ............... -$210,000 Less set-aside for CDBG Code Enforcement - $ 90,000 Net FY 12/13 funds available for distribution ......................................................... $427, 790 Prior year unspent CDBG Administration ............................................................. $158,338 Total available for allocation ........................................................................... $586,128 HOME FY 12-13 Entitlement estimated by HUD .............................................................. $491,136 Less administrative allowance (1 0%) ................ -$49,114 Less minimum 15% CHDO project set-aside ...... -$73,670 Less minimum 5% CHDO admin. set-aside ........ -$24,557 Net FY 12/13funds available for distribution .......................................................... $343,795 Prior year unspent HOME Administration ............................................................ $266,646 Total available for allocation ........................................................................... $610,441 421 Commission Memorandum-FY 2012/2013 Action Plan July 18, 2012 Page 3 of 7 SHIP FY 11-12 Entitlement estimated by State .............................................................. $42,524 Less administrative allowance (10%) ..................... -$4,252 Net funds available for allocation ..................................................................... $38,272 In light of the 46% reduction in the federal FY 2013 CDBG entitlement, the 62% reduction in the federal FY 2013 HOME entitlement, and the limited State affordable housing funding, the Administration explored ways to most effectively advertise and award available funding for the intended purposes. In addition to conducting the traditional Request for Proposal (RFP) process for CDBG funding, this year, the City also issued an RFP for affordable housing entitlements from HOME and SHIP. Prior to issuing the CDBG RFP, the Administration conferred with the Community Development Advisory Committee (CDAC) to explore strategies to most efficiently award CDBG funding for public service activities, funding for which is subject to a 15% cap of the total CDBG allocation to the City. The City has traditionally funded public service activities for several elderly programs, several meals programs, and several child care programs. In an effort to either consolidate or otherwise most effectively utilize the funding, CDAC voted to limit each public service applicant to seek funding for only one activity. The CDAC recommendation was incorporated into the RFP for CDBG funds. On April 2, 2012, the Administration issued the two RFPs with a submission deadline of May 1, 2012; one RFP included the available CDBG funds; the other included affordable housing funds from HOME and SHIP. ANALYSIS CDBGFunds The available CDBG allocation is $586,128, which includes an additional $158,338 of recaptured prior year CDBG administration funds. Eighteen (18) written proposals for CDBG funds in the aggregate amount of $1,637,913 were timely received and reviewed by the Administration and CDAC, and ranked according to their impact on the Consolidated Plan; project description; specific goals; budget analysis; and leveraging of funds. The following factors were taken into consideration when determining funding awards: 1) the level of impact according to the Consolidated Plan; 2) project description of activities; 3) attainment of performance measures and program outcomes; 4) organizational capacity and experience; 5) budget analysis; and 6) the organization's ability to leverage additional non-CDBG sources of funding for project activities. All agencies that submitted responsive proposals were asked to make project presentations before the CDAC and City staff. The presentations were followed by a question and answer session which allowed the CDAC members and City staff the opportunity to learn additional information about the agencies and their respective programs. All of this information was utilized to rank and make appropriate funding recommendations, which form the basis of the Action Plan. The resulting recommendations have been incorporated in the draft One-Year Action Plan for FY 2012-2013 and are summarized in the attached Exhibit 1. A description of the programs and the proposed allocations is provided in Exhibit 1. As in previous years, given the limited amount of CDBG resources available (capped by federal regulations}, the CDAC and the Administration had to make difficult decisions regarding funding recommendations for a number of organizations and projects. Consensus recommendations were reached and are consistent with the priority needs areas as identified by the Commission, the community, and the Consolidated Plan. The main priorities include those activities 422 Commission Memorandum-FY 2012/2013 Action Plan July 18, 2012 Page 4 of7 addressing and serving elderly, youth, health services including persons with AIDS, homelessness, affordable housing, and public facilities. More specific information is provided below. Public Service Activities A maximum of fifteen percent (15%) of the entitlement allocation may be awarded to public service activities. Public service activities include meals programs, after school programs, etc., for income-eligible participants. A total of $136,461 was available for public service funding. Eleven (11) applications were received for a total of $380,516 in requests. The following seven (7) subrecipients, providing a total of seven activities, are being recommended for Public Service funding: • Boys & Girls Clubs of Miami ...................................................................... $20,000 • Food for Life Network .............................................................................. $15,000 • Jewish Community Services of S. Florida .................................................... $26,461 • Little Havana Activities & Nutrition Centers ................................................... $30,000 • Miami Beach Community Development Corporation ....................................... $20,000 • RAIN Parents, Inc ................................................................................... $15,000 • UNlOAD of Miami Beach .......................................................................... $1 0,000 Total Public Service Allocations ................................................................ $136,461 Capital/Community Development CDBG funding was also requested for activities that include the rehabilitation of affordable housing buildings and other eligible capital improvements. $449,667 was available for other CDBG eligible capital activities. A total of seven (7) applications were received for $775,450 in requests. Seven (7) projects were recommended for funding. They include: • Douglas Gardens CMHC-Mayfair House Apartments lmprovements ............... $20,000 • HACMB-Boiler Replacement. .................................................................. $75,000 • HACMB-Shower Conversion at Rebecca Towers ........................................ $25,000 • JCS-Miami Beach Senior Center Capital Improvement. ................................. $50,000 • MBCDC London House Apartments Phase 11 .............................................. $158,338 • MBCDC-Multifamily Housing Program ..................................................... $100,000 • UNlOAD of Miami Beach, Inc.-Coral Rock House lmprovements .................... $21.329 Total CDBG Capital Allocations ................................................................... $449,667 Other The balance of the available FY12/13 CDBG allocation is used as follows: a portion of the CDBG allocation is used to repay an existing Section 108 loan, and a portion is being set aside to fund code compliance services; and, in order to effectively implement and monitor the CDBG program, $181,947 (20% of the entitlement as allowed by HUD) was allocated for administrative and operational expenses. HOME The Administration issued a Combined HOME and SHIP RFP on April 2, 2012 with a submission deadline of May 1, 2012. This RFP made available $343,795 in HOME FY 2012- 2013 allocations, plus $266,646 in prior years' re-programmed administrative funds, which HUD authorized for project costs, bringing the total of non-CHDO available HOME funds to $610,441. 423 Commission Memorandum-FY 2012/2013 Action Plan July 18, 2012 Page 5 of7 The usual method of notification of the availability of an RFP is to advertise in a local newspaper, however, in an effort to reach as many interested parties as possible, in addition to advertising in the newspaper, staff also contacted the South Florida Community Development Coalition requesting distribution of the notice of RFP for affordable housing funds to its membership. Additionally, staff contacted organizations that had previously expressed interest in upcoming RFPs and affordable housing funds. To ensure that any RFP requirements could be clarified and any questions relating to the completion and submission of an application could be addressed, a mandatory pre-submission meeting was held on April 12, 2012. Representatives of four organizations interested in affordable housing funding attended the pre- submission conference. Those organizations were: Equal Housing Fund of Florida Corp.; UNlOAD of Miami Beach; the Housing Authority of the City of Miami Beach, and Miami Beach Community Development Corporation. However, at the close of the RFP submission period, only Miami Beach Community Development Corporation submitted a proposal requesting HOME and SHIP funds. MBCDC requested funding for its 18-unit London House II affordable rental housing project located at 1975 Washington Avenue, which, at the time of application, had a $1.3 million funding gap in its $3.2 million development budget. At the time of the writing of this memorandum, there was a sole applicant for the HOME $610,441 funding. Furthermore, HUD approved the utilization of previous year unexpended CDBG administrative funding in the amount of $158,338 for eligible projects. Additionally, MBCDC is the only CHDO in Miami Beach therefore making it eligible to receive a minimum required project set-aside of 15% of annual HOME funds (which is $73,670 for FY12/13). Therefore, the Administration is proposing to allocate all of the available HOME funds, plus the available CDBG funds, plus the required CHDO set-aside to MBCDC to fill the funding gap in the London House II project. With the total HOME and CDBG funding available of $842,449, the project's funding gap is now $1 ,099,245, which MBCDC has advised will be covered by commercial bank financing. In formulating the recommendation for funding to MBCDC's London House II project, it was taken into consideration that MBCDC continues to leverage additional funding for its HOME- assisted projects, utilizing a variety of funding sources from federal, state and local resources (HUD, Florida Housing Finance Corporation, State Apartment Incentive Loan Program, Predevelopment Loan Program, the Housing Credit Program, Miami-Dade County Surtax Funds, Miami-Dade County HOME funds, Miami-Dade County General Obligation Bond funds, etc.). Also, all projects that receive City of Miami Beach HOME funding must go through a subsidy layering review to ensure that all costs are necessary and reasonable, and to evaluate the compatibility of different program requirements, eligible costs, and analyze the development process, including review of the development budget, the sources and uses statement, and the operating pro forma to determine long-term project viability. Furthermore, the Administration engaged First Housing Development Corporation of Florida, an organization that has 30 years of experience in evaluating, reviewing, and servicing affordable multi-family properties for state and local housing authorities, to conduct a Physical Needs Assessment of the London House Phase II. The report, which included a structural study of the building to confirm structural integrity for safety and liability purposes and an analysis to ensure that project costs and needs are compatible, determined that, while no evidence of structural abnormalities were encountered, the interior of the building should be gutted and fully renovated. The report stated that the overall curbside appearance of the property is fair but could easily be improved with renovations and that it would be more prudent to provide a complete renovation than to try and address individual areas, systems and components. Having said that, the cost of immediate necessary repairs to bring the property to operational facility status, addressing life safety and code violations was estimated to be $1,358,850. The 424 Commission Memorandum-FY 2012/2013 Action Plan July 18, 2012 Page 6 of7 report stated that this amount will not include many improvements and upgrades beyond what is required to bring it back to this status. It is relevant to note that the consultant's estimate for the necessary repairs did not factor the City of Miami Beach plans review process and permitting requirements, or the fact that the property is in a historic district. These factors will potentially increase the project costs. Finally, in addition to obtaining a Physical Needs Assessment report from First Housing Development Corporation of Florida, the Administration also obtained a Structural Report by Eastern Engineering Group, a local engineering firm. The evaluation determined that the property is structurally safe for residential continued use. However, the engineer recommended that the certain measures be adopted, including replacing all wood planks,· all concrete spalls and cracks, and that they repair and restore all exposed rebars. Other As mentioned above, the City is required to set-aside a minimum of 15% of its HOME funds for a qualified Community Housing Development Organization (CHDO), but is allowed to set-aside more, to be utilized in projects that produce affordable housing units. Additionally, the City is allowed to set-aside up to five (5%) percent of its HOME fund allocation to assist with the operating expenses of a qualified CHDO. The City's only certified CHDO is Miami Beach Community Development Corporation (MBCDC). Historically, the annual HOME set-aside funds (which included not only the minimum requirement, but all available project funds) were reserved for the City's CHDO for eligible project activities such as acquisition and rehabilitation of multi-unit residential properties for low and moderate-income persons, families and seniors; and to also provide administrative/operating expense assistance for the CHDO. The City has 24 months from the last day of the month in which US HUD signs the City's HOME Agreement transmittal letter to identify projects it plans to work with, and to reserve monies for those specific projects. MBCDC will also receive the required CHDO set-aside allocation of $73,670 for project construction and is also permitted to receive a set aside for operating expenses ($24,557). For FY2012-2013, $49,114 of HOME funds (10% of entitlement funds as allowed by HUD) is being allocated to Housing and Community Development Staff for administration and required Fair Housing activities. To ensure a thorough and fair evaluation of the proposals received, staff convened a meeting of the Loan Review Committee (LRC) on April 5, 2012 to discuss its participation in the evaluation process of proposals for affordable housing funds. The RFP process was discussed, and it was agreed that if multiple applications were received that they would be presented to the LRC for its review, evaluation, and recommendation. Since only one proposal was received for the HOME and SHIP funds and was deemed responsive by the Administration, the LRC was not reconvened for deliberation. SHIP Funds The SHIP allocation for FY 2011-2012 is $42,524. The State has not allocated SHIP funds for FY 2012-2013 as of July 1, 2012, which is the beginning of the State fiscal year. The SHIP program follows the strategies that are outlined in the Local Housing Assistance Plan and the funds are primarily used for income-eligible first-time homeownership opportunities, such as down payment assistance and home rehabilitation, but may also be utilized for income eligible, owner-occupied housing rehabilitation. After deducting the City's allowable administrative expenses of ten (10%) percent, the available $38,272 was included in the previously described 425 Commission Memorandum-FY 2012/2013 Action Plan July 18, 2012 Page 7 of 7 Combined RFP issued on April 2, 2012, and subject to the same submission deadline and mandatory pre-submission meeting. At the close, the only submission for these funds was received from MBCDC for its existing Homebuyer Assistance Program to assist eligible individuals/families acquire and/or repair existing homes. MBCDC also leverages funding from Miami-Dade County, MMAP, and bank loans for its home-buying activities and programs. PUBLIC COMMENTS As required by HUD, a draft of the One-Year Action Plan was made available to the public for a 30-day comment period commencing on June 18, 2012, and ending July 17, 2012. Additionally, a public meeting to hear public comments was held on June 27, 2012. A representative of one organization, Sunflower Society, attended the public meeting and expressed disappointment that its application for public service funding was rejected. CONCLUSION Most of the activities described in the One-Year Action Plan will take place in City-designated community development target areas, which contain census tract/block groups that have greater than 51% of households with incomes at or below 80% of the median income and continue to be a priority for allocation of CDBG resources. As in previous years, the City received funding requests that exceeded our entitlement allocations. Recommendations on allocations are based on staff review and analysis, as well as the review and input of CDAC. The Administration recommends that the Mayor and City Commission approve the attached resolution adopting the One-Year Action Plan for FY 2012-2013 in substantially the attached form, to allow the City to draw down entitlement funds to assist income eligible persons with services and housing, and approve the allocation of the FY 2011-12 SHIP funds to the sole bidder for the home-buying program. KGB/MAS/AP/BG T:\AGENDA\2012\7-18-12\HUD FY 2012-13 Action Plan Memo.docx 426 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CITY'S ONE-YEAR ACTION PLAN FOR FEDERAL FUNDS FOR FISCAL YEAR 2012/2013, WHICH INCLUDES THE BUDGETS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGAM, THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM AND THE FISCAL YEAR 2011-2012 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM; AUTHORIZING THE CITY MANAGER TO MAKE MINOR NON- SUBSTANTIVE CHANGES TO THE ONE-YEAR ACTION PLAN OR RESULTING AGREEMENTS BEFORE EXECUTION (WHICH MAY BE IDENTIFIED DURING THE FINALIZATION AND/OR REVIEW PROCESS, AND WHICH DO NOT AFFECT THE PURPOSE, SCOPE, APPROVED BUDGET AND/OR INTENT OF THE PLAN); AUTHORIZING THE CITY MANAGER TO EXTEND THE EXPIRATION DATES OF SAID AGREEMENTS WHEN NECESSARY; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS AND SUBMIT THE ONE-YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS FOR SUB-RECIPIENTS OF CDBG, HOME AND SHIP FUNDS; AND AUTHORIZING THE APPROPRIATION OF ALL FEDERAL AND STATE FUNDS WHEN RECEIVED. WHEREAS, the City is an entitlement recipient of federal formula HUD grant programs as follows: Community Development Block Grant (CDBG) funds, and HOME Investment funds (HOME); and WHEREAS, the City expects to continue to receive entitlement funds from these grant programs to operate the City's housing and community development activities; and WHEREAS, the One-Year Action Plan for Federal funds is a requirement under the U.S. Department of Housing and Urban Development (HUD) formula grant programs, which include the Community Development Block Grant (CDBG) Program and the HOME Investment Partnership (HOME) Program; and WHEREAS, the attached One-Year (FY 2012/2013) Action Plan is based upon the City's Federal entitlement of $909,737 in CDBG Program funds and $158,338 of CDBG prior year CDBG administration funds, $491,136 in HOME Program funds and $266,646 of prior year HOME administration funds; and WHEREAS, the City will be receiving $42,524 in SHIP FY 2011-2012 (non- federal) funds; and 427 WHEREAS, a comprehensive planning phase was initiated by the City on April2, 2012, with the issuance of a CDBG and a HOME and SHIP Request for Proposals for housing and community development activities; and WHEREAS, meetin~s of the Community Development Advisory Committee (CDAC) were held on May 17 , May 23, and May 31, 2012, respectively, to review, rank and make recommendations regarding eighteen (18) written proposals received for CDBG funds; and WHEREAS, the sole proposal for HOME and SHIP funds was deemed responsive and in compliance with the HUD HOME rules and the State SHIP rules; and WHEREAS, the resulting CDBG and HOME recommendations have been incorporated in the attached One-Year (FY 2012/2013) Action Plan; and WHEREAS, a draft One-Year (FY2012/13) Action Plan was made available to the public for a 30-day public review and comment period, from June 18, 2012, through July 17, 2012, and two public meetings were held on May 18,2012, and June 27,2012, to obtain citizen input and determine the priorities and needs for housing and community development; and WHEREAS, while CDBG funds are primarily used to provide vital public services, housing activities, code enforcement, public facilities, youth centers and senior centers, HOME Program funds have been used for affordable rental housing activities and first time homeownership opportunities; and WHEREAS, the City is required to set aside a minimum of 15% of its HOME funds allocation to a qualified Community Housing Development Organization (CHDO) but is allowed to set aside more; and WHEREAS, the available FY2012/2013 HOME funds are identified for the City's certified CHDO, Miami Beach Community Development Corporation (MBCDC), for eligible activities such as acquisition and rehabilitation of multi-unit residential units for low and moderate-income persons, families and seniors; and WHEREAS, the City Manager is the HUD designated agent for all formula grants, and executes the grant applications, the Agreements, and other applicable HUD documents on behalf of the City, and WHEREAS, the One-Year Action Plan must be submitted to HUD no later that August 15, 2012. 428 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 adopt the City's One-Year) Action Plan for Federal Funds for Fiscal Year 2012/2013, which includes the budgets for the Community Development Block Grant (CDBG) Program, the HOME Investment Partnership (HOME) Program and the SHIP program; authorize the City Manager to make minor non-substantive changes to the One-Year Action Plan or resulting agreements before execution (which may be identified during the finalization and/or review process and which do not affect the purpose, scope, approved budget and/or intent of the Plan); authorize the City Manager to extend the expiration dates of said agreements when necessary; authorize the City Manager to execute all applicable documents and submit the One-Year Action Plan to the U.S. Department of Housing and Urban Development (HUD); further authorizing the Mayor and City Clerk to execute agreements for sub-recipients of CDBG, HOME and SHIP funds; and authorizing the appropriation of all Federal and State funds when received. PASSED AND ADOPTED this ___ day of ______ , 2012. ATTEST: CITY CLERK MAYOR to~~ Date 429 EXHIBIT1 CITY OF MIAMI BEACH ONE-YEAR ACTION PLAN FOR FEDERAL CDBG FUNDS-FISCAL YEAR 2012/2013 SUMMARY OF ACTIVITIES COMMUNITY DEVELOPMENT BLOCK GRANT CCDBG) $909,737 OF FY 2012/2013 FUNDS AND $158,338 OF FY 2010-2011 RECAPTURED ADMINISTRATION FUNDS TOTALING $1,068,075 Public Service Activities Boys and Girls Clubs of Miami-Miami Beach Juvenile Program-$20,000-To provide a free, high- quality, after-school academic improvement program, athletics, recreational activities, and 8-week summer program for approximately 300 youth ranging in ages from 5 to 16. Food for Life Network, Inc.-Home Delivered Meals/Groceries for Persons with HIV/AIDS-$15,000 -To provide weekly, home-delivered prepared meals and home-delivered groceries to approximately 20 income-eligible homebound persons with HIV/AIDS in Miami Beach. Jewish Community Services -Case Management Services -$26,461 -To provide employment assistance to promote client and family self-sufficiency for approximately 48 low to moderate-income, situational and economically homeless individuals, homeless persons in families with children, and those in danger of becoming homeless. Homeless individuals only are also provided with job training, necessary work equipment, work clothes and transportation tokens. To provide professional support to an adult day care program servicing to" frail elderly in a structured supportive setting with daily activities, nutritionally balanced meals and therapies that provide or prolong the need for institutionalization. To partially fund a social worker for a home delivered meals and shopping services program servicing approximately 125 low to moderate income frail elders residing in the City of Miami Beach. The social worker will visit approximately 125 elderly clients throughout the year; in addition the program also provides shopping services to 25 elders unable to shop for themselves. Little Havana Activities and Nutrition Centers of Dade County, Inc. -Rainbow lntergenerational Child Care-$30,000-To provide an affordable child development program to 30 pre-schoolers of very low-income working parents. Employ Miami Beach seniors as teachers and allow approximately 100 parents to be employed Miami Beach CDC-Housing Based Public Service Coordination -$20,000-To fund a coordinator that brings together existing program services including referral services to address the needs of approximately 220 low and moderate income elderly and special needs tenants. R.A.I.N. Parents, Inc.-Family Services-$15,000-To provide vouchers for emergency food, and child care scholarships for approximately 75 low to moderate-income individuals and families with children residing in Miami Beach who have received eviction notices or who are already homeless, with peer counseling for assisting parents in making positive life changes towards self-sufficiency. UNlOAD of Miami Beach, Inc. a Project Link-$10,000-To provide information and referral services, employment activities and bilingual assistance to approximately 5000 income-eligible Miami Beach residents at the Miami Beach Hispanic Community Center in the North Beach area and the Career Center located in the South Beach area. 430 Housing and Capital Improvements Douglas Gardens CMHC -Mayfair House Improvements -$20,000 (Housing) -Rehabilitation of the Mayfair House. HACMB-Boiler Replacement-$75,000-To replace the Boiler at Rebecca Towers. HACMB-Shower Conversion at Rebecca Towers-$25,000-To convert showers at Rebecca Towers to make them accessible for frail elders. Jewish Community Services of S. Florida -Miami Beach Sr. Ctr. Capital Improvement -$50,000 - To improve the Senior Adult Day Care Center. Miami Beach CDC-Rehabilitation of the London House Apartments Phase II -$158,338 - Rehabilitation of 16 multifamily rental units. Miami Beach Community Development Corporation -Multi-Family Housing Program -$100,000 (Housing) -Service delivery and project management costs to provide affordable rental housing units for low to moderate income households. Currently there are seven projects being rehabilitated an additional project two projects that are in the pre-development phase. UNlOAD of Miami Beach, Inc.-Coral Rock House Improvements-$21,329-Improvements to the Coral Rock House which provides public services to the North Beach Target Area. Other (SET ASIDE) City of Miami Beach Office of Real Estate, Housing and Community Development- Planned Repayment of Section 108 Principal -$210,000 -To repay the principal balance of a HUD Section 108 loan in the amount of $4,000,000. The loan was acquired to implement a comprehensive streetscape improvement program in the North Beach area, including Normandy Isle; and to complete construction of the North Shore Youth Center as part of a neighborhood revitalization strategy for North Beach. (SET ASIDE) City of Miami Beach Real Estate, Housing, and Community Development -CDBG Administration -$181,947 -To continue to provide the necessary funding to manage, oversee, coordinate, monitor, audit and evaluate the CDBG program and sub-recipients in accordance with federal regulations. Funding includes activities to ensure compliance with federal Fair Housing/EEO requirements, environmental review, fiscal management, citizen participation, public information and planning and management activities. This line item includes $5,000 set-aside for Housing Opportunities Project for Excellence, Inc. (H.O.P.E., Inc.) for a Fair Housing Education Program, which is matched by an equal amount of HOME funds (SET ASIDE) City of Miami Beach Code Compliance Division -Code Enforcement North Beach - $90,000 -To provide 2 full-time Code Compliance Officers to assist in the implementation of the North Beach Economic Development Strategic Plan and the North Beach Neighborhood Revitalization Strategy. 431 EXHIBIT2 CITY OF MIAMI BEACH ONE-YEAR ACTION PLAN FOR FEDERAL HOME FUNDS-FISCAL YEAR 2012/2013 SUMMARY OF ACTIVITIES HOME INVESTMENT PARTNERSHIPS PROGRAM $491,136 OF FY 2012/2013 FUNDS PLUS $266,646 OF RECAPTURED PRIOR YEAR ADMINISTRATION FUNDS TOTALING $757,782 • City of Miami Beach Office of Real Estate, Housing, and Community Development - Administration-$49,114 For management, oversight, coordination, monitoring, evaluation, staff and overhead, public information, fair housing education activities, indirect costs and planning activities. This line item includes a $5,000 set-aside for Housing Opportunities Project for Excellence, Inc. (H.O.P.E.) for a Fair Housing Education Program, which is matched by an equal amount of CDBG funds. • MBCDC-London House II-$343,795 of FY 2012-2013 funds and $266,646 of recaptured Administration funds. Rehabilitation of 18 multifamily rental units. • Community Housing Development Organization (CHDO) Project Set-aside -MBCDC $73,670 For acquisition and/or rehabilitation of multi-unit residential housing and to provide affordable rental and/or homeownership opportunities. The following 18 unit affordable rental housing project has been identified: • The London House Apartments Phase II • Community Housing Development Organization (CHDO) Operating Expenses (5%) - MBCDC $24,557 For salaries, wages, and other employment compensation and benefits; rent, utilities, employee education, travel, training, communication costs, taxes, insurance, equipment, materials, and supplies. STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM $42,524 OF FY 2011/12 FUNDS • City of Miami Beach Office of Real Estate, Housing, and Community Development - Administration -$4,252 -For management, oversight, coordination, monitoring, and program evaluation. • Miami Beach CDC -Homebuyer Assistance and Housing Rehabilitation -$38,272 - Homebuyer assistance and housing rehabilitation. 432 m :i Prepared by: City of Miami Beach Office of Real Estate, Housing and Community Development Approved by the Commission on 7/18/12 I I I t' ?,::: ::!"' 'C <c ' 7 " '/ I --"1 ' I" -" C\ 7 f~ ~~~timn c miC:nn' , , , ,': ' ,, ", ~ ;,0 :\c~ T;:,;p,; ;,-" ~"'\ ~_,/r: 1 ,'9 " u4':: 433 Table of Contents Executive Summary ...................................................................................... 1 Managing the Process ................................................................................. 14 Citizen Participation ................................................................................... 15 Institutional Structure ................................................................................ 17 Monitoring .................................................................................................. 17 Lead-based Paint ........................................................................................ 18 Specific Housing Objectives ........................................................................ 19 Needs of Public Housing ............................................................................. 22 Barriers to Affordable Housing ................................................................... 22 HOME/ American Dream Down payment Initiative (ADDI) ......................... 23 Specific Homeless Prevention Elements ..................................................... 25 Discharge Coordination .............................................................................. 28 Emergency Shelter Grants (ESG) ................................................................ 28 Community Development ........................................................................... 28 North Beach Revitalization ......................................................................... 29 Anti-Poverty Strategy ................................................................................. 33 Non-homeless Special Needs (91.220 (c) and (e)) ..................................... 34 Obstacles~~~~············•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 34 Housing Opportunities for People with AIDS .............................................. 37 Specific HOPWA Objectives ........................................................................ 38 Exhibits Exhibit A: SF 424 Application for Funding Exhibit B: Certifications Exhibit C: Public Notices/Comments Exhibit D: Needs Worksheet Exhibit E: Summary of Specific Objectives Exhibit F: Annual Housing Completion Goals Exhibit G: 2012-13 Project Worksheets Exhibit H: Resolution Approving Action Plan 434 Fifth Program Year Action Plan The CPMP Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. Narrative Responses Ex~cutive .st.t.rnr!iqfy The Exed{lUVe ~u~~af"Y is ~~quir~d. lncfude t~~obJ~cti~es andhdito.QJ~S identified in the plan and an evaluation of pt::Jst ~rformanc~i ···· · ·.·. Program Year 5 Action Plan Executive Summary: Community Profile The City of Miami Beach was founded in 1913 and originally incorporated in 1915 as Ocean Beach. The name was changed to Miami Beach in 1917. Since its founding, the City has undergone many demographic changes and an economic resurgence in the 1980s and 1990s in the Art Deco/South Beach area. These changes have generated new housing and community development needs and priorities in the community. The City of Miami Beach is rich with history and diversity as documented, by the buildings, photos and monuments that tell its story. The City is approximately 7.1 square miles and in 2010 had a population of 87,779 persons according to the U.S. Census. There are 46,801 (54%) low and moderate income persons. There are 67,499 housing units, 4 7,168 of which are occupied. The City has seven miles of Beach, 3 golf courses, 20 parks and a host of arts and cultural venues, restaurants and entertainment. The City of Miami Beach is consists of three neighborhoods: North Beach, Middle Beach and South Beach. The areas with low to moderate-income concentrations are in North Beach and South Beach. These areas generally overlap with the areas of minority concentration. Because North Beach was not experiencing the economic revitalization that was being experienced in other parts of the City in City of Miami Beach 2012-2013 Action Plan 1 435 the 1990s, the City developed and adopted a Neighborhood Revitalization Strategy (NRS) in 2001 that focused on that area. The NRS was approved by HUD, and a redevelopment plan was also approved for the area. North Beach is the northernmost section of Miami Beach and encompasses the area of 63rd Street north to 87th Street and Biscayne Bay east to the Atlantic Ocean. According to the City's NRS, the North Beach area is culturally diverse and predominantly poor with a few pockets of affluence. Most of the residents live in multi-unit rental housing. In recent years, the regional housing boom led to a surge in residential activity in the North Beach area. There is continued focus on revitalizing the North Beach area in the 2008-2012 Consolidated Plan. Grantee Overview The City of Miami Beach is an entitlement recipient of federal funds. It receives an annual allocation of funds from the Community Development Block Grant (CDBG) program and the Home Investment Partnerships (HOME) program. The City of Miami Beach has been a recipient of funds from Florida's State Housing Initiative Partnership (SHIP) program. For FY 2009-2010 funds from the SHIP program were drastically reduced to $43,691, there was no SHIP allocation in 2010/11, and the City will receive $42,524 for FY 2011-2012. The City is entitled to these funds because its population, housing, and/or demographic characteristics meet the formula funding requirements. The City of Miami Beach, like other entitlement communities, develops its own programs and funding priorities. However, it is recognized that maximum feasible priority must be given to activities which 1) benefit low and moderate income persons and households 2) aid in the prevention or elimination of slums and blight, or 3) meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community. Urgent needs must have no other financial resources available to meet such needs. Past Performance Federal and State resources have aided the City of Miami Beach in funding and achieving high priority housing and community development goals and objectives that were identified in its 2003-2007 Consolidated Plan and its HUD approved 2001 Neighborhood Revitalization Strategy. Some of the accomplishments completed under the City of Miami Beach's 2003-2007 Consolidated Plan were public services, rehabilitation and preservation of owner-occupied housing units, acquisition programs, multi-family rehabilitation for new rental opportunities, homeownership assistance, and economic development initiatives for small business. All of these activities were targeted to low to moderate income persons and areas within the City. 2 City of Miami Beach 2012-2013 Action Plan 436 The City has invested in the public infrastructure of its low to moderate-income neighborhoods to spur private investment. The City has also awarded federal funds to support the activities of the local Community Housing Development Organization. The FY 2012-2013 Action Plan describes specific activities that will be funded through the City's grant programs. City of Miami Beach 2012-2013 Action Plan 437 3 TABLE: SUMMARY OF 2012-2013 ACTION PLAN OBJECTIVES AND OUTCOMES Priority Proposed Activities Outcome Statement Indicator Performance Measure 1 Year Goal Funding Objectives /Projects Sources Decent Housing Single Family Housing Improve availability and accessibility Homes Rehabilitated 0 Rehabilitation of decent housing in the City in an effort to maintain/improve housing stock conditions for low/mod households. Decent Housing Scattered Site Home Purchase Improve affordability of decent Homes Purchased 1 Unit SHIP (prior years) Assistance (Down housing within City for low/mod Payment/Closing And Mortgage households. Buy Down) Decent Housing Scattered Site Home Counseling Improve availability and accessibility Persons Counseled 30 Persons County SHIP of decent housing in the City CountyCDBG ~ Decent Housing Multi-Family Housing Improve availability and accessibility Rental Units Rehabilitated 24 Units HOME w ()0 Rehabilitation Program of decent rental housing in the City. CDBG SHIP (prior years) Decent Housing Outreach Activities Improve availability and accessibility Training Sessions Per Year 4 Sessions CDBG and HOME of decent housing opportunities in the City. Suitable Living Code Compliance Encourage suitable living Number People Living in the North Beach 23,311 CDBG Environment environments that promote Target Area sustainability in the City. Job Training/ Job Training/Public Service Improve availability and accessibility Persons Trained and Placed 50 Persons Trained CDBG placement of jobs to low/mod persons. and placed in temporary or permanent jobs City of Miami Beach 2012-2013 Action Plan 4 ~ w CD Priority Objectives Suitable Living Environment Economic Opportunity/ Suitable Living Environment Proposed Activities /Projects Public Facilities Public Service Activities: Child Care Services Health Services Senior Programs and Senior Services Services to Persons with Disabilities Youth Programs Outcome Statement Encourage suitable living environments that promote sustainability in the City. Promote economic opportunities and/or suitable living environment with new/improved access to public services. City of Miami Beach 2012-2013 Action Plan Indicator Performance Measure Physical Improvements Made To Benefit Low To Moderate Income Persons In Target Areas Including North Beach Revitalization Area Persons Assisted 1 Year Goal One Senior Center 1,206 Persons Funding Sources CDBG/Section 108, RDA CBDG 5 General Questions 1. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a) (1)) during the next year and the rationale for assigning the priorities. 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. 4. Identify the federal, state, and local resources expected to be made available to address the needs identified in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, low-Income Housing Tax Credits, and competitive McKinney-Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified in the strategic plan. Program Year 5 Action Plan General Questions response: Geographic Areas The North Beach and South Beach neighborhoods contain the highest concentration of low and moderate-income persons in the City. All area-wide benefit activities the City will undertake during the 2008-12 Consolidated Plan period will take place in designated community development target areas. These target areas contain Census tract/block groups that display evidence of greater than 51% of households with incomes at or below 80% of the median income and continue to be a priority for allocation of resources. Public service activities are generally available on a citywide basis and are available to the populations that need the services the most. There is a citywide benefit to these types of activities. Addressing Obstacles The City will seek opportunities to secure additional funds and leverage resources to make more funds available to meet the underserved needs. City of Miami Beach 2012-2013 Action Plan 6 440 () ;::;: '< 0 -+o s: 55" ~-OJ <D Ol (') ::::r "' 0 _.... "' I "' 0 _.... (;.) }> g 0 ~ :::J ~ -a ....Jo. Ol :::J II "' !I ... 0 ~ ~ "' 10 ~ ~ f. f. ~ ' -....! City of Miami Beach 2000 Census Tracts Color shaded areas indicate density of Low/Moderate income persons by block groups. (Information source: U.S. Bureau of the Census "' ,,_ .... ..,.,. ll II ~ ~ !I l" ~ Neigbbomood Services Deplllimenl Housing lllld Communily Developmeot Dlvklou JlUilllU')' 2004 'I 11 <t]~ ' "' ~ -!l 10 )I' ~ ~ ·r ... ? 0 0 ~ ~ "' ill ~ \o 10 :'6 ~ ~ ::n Ul c ., tD .. -1 ::T tD n ~ 0 ...., 3: iii' 3 -· Ill tD QJ n :::r n tD ::J (ft c (ft -1 ., QJ ~ (ft The following resources are anticipated to be available to the City of Miami Beach in FY 2012-2013 to undertake Housing and Community Development activities: CDBG BUDGET FOR FY 2012-2013 CDBG Sources CDBG Allocation for FY 2012-2013 909,737 CDBG Prior Year Administration 158,338 Total CDBG Funds 1,068,075 CDBG Allocations by Category Public Services 136,461 Code Enforcement 90,000 Housing 378,338 Public Facilities 71,329 Repayment of Section 1 08 Loan 210,000 Program Administration 181,947 Total Allocations by Category 1,068,075 HOME BUDGET FOR FY 2012-2013 HOME Sources of Funds HOME Allocation 491,136 HOME Prior Year Administration 266,646 Total HOME Funds 757,782 HOME Allocations by Category Multifamily Rehabilitation 343,795 MB CDC HOME Project (CHDO Set-Aside) 73,670 CHDO Operating 24,557 Program Administration 49,114 Multifamily Rehabilitation {Prior Year Administration 266,646 Total HOME Allocations by Category 757,782 TOTAL FEDERAL AND STATE RESOURCES CDBG 1,068,075 HOME 757,782 SHIP 42,524 Total 1,868,381 City of Miami Beach 2012-2013 Action Plan 442 8 OTHER RESOURCES The City will leverage these resources with those available through its RDA, Resort Tax, Supportive Housing, County Surtax, and other Federal, County, and City resources that may become available. 9 City of Miami Beach 2012-2013 Action Plan 443 Table: 2012-2013 Action Plan Summary-Resource Allocation AGENCY-PROJECT AMOUNT AGENCY-PROJECT AMOUNT CDBG PROGRAM-$909,737j_Estimated Entitlement) Plus $158,338 of RecapJured Prior Year Administration Funds Totaling $1,068,075 Housing Activities, Rehabilitation and PreseNation Activities, and Public SeNices Public Facilities Boys and Girls Clubs of Miami -Miami Beach Juvenile Program $20,000 Douglas Gardens-Mayfair Hotel Renovation $20,000 Food for Life Network, Inc.-Groceries and Home-Delivered Meals $15,000 Jewish Community Services of S. Florida-Miami Beach Senior Center $50,000 for Persons with HIV/AIDS Capital Improvement Jewish Community Services-Case Management Services $26,461 HACMB-Replacement of the Boiler at Rebecca Towers $75,000 Little Havana Activities and Nutrition Centers of Dade County, Inc. -$30,000 HACMB-Shower Conversion at Rebecca Towers $25,000 Rainbow lntergenerational Child Care Miami Beach Community Development Corp.-Multi-Family Housing $100,000 Miami Beach Community Development Corp. -Housing Based $20,000 Program Public Service Coordination UNlOAD-Coral Rock House Improvements $21,329 RAIN Parents, Inc. -Family Services $15,000 UNlOAD of Miami Beach, Inc.-Project Link $10,000 Other Eligible Activities City of Miami Beach Office of Real Estate, Housing and Community $181,947 Development-CDBG Administration ($5,000 will be used to pay for HOPE, Inc. -Fair Housing Education & Outreach Initiative) City of Miami Beach Office of Real Estate, Housing and Community $210,000 Development-Planned Repayment of Section 108 Loan Principal City of Miami Beach Code Enforcement-North Beach District Code $90,000 Enforcement Total FY 2012-2013 CDBG Funds-Non-Public SeNices $773,276 Total FY 2012-2013 CDBG Funds-Public SeNices $136,461 CDBG PROGRAM-$158,338 of Recaptured FY 2010-2011 Administration Funds MB CDC-London House II $158,338 HOME PROGRAM-$491,136 (Estimated Allocation) Plus $266,646 of Recaptured Prior Year Administration Funds Totaling $757,782 Other Eligible Activities Community Housing Development Organization (CHDO) City of Miami Beach Office of Real Estate, Housing and Community $49,114 Miami Beach Community Development Corp.-London House PH II $343,795 Development -HOME Program Administration ($5,000 will be used to pay Miami Beach Community Development Corp. -CHDO Project Set-$73,670 for HOPE, Inc.-Fair Housing Education & Outreach Initiative) Aside Miami Beach Community Development Corp. -CHDO Operating $24,557 (5%) Total FY 2012-2013 HOME Funds-Other $49,114 Total FY 2012·2013 HOME Funds-CHDO $442,022 HOME PROGRAM-$266,646 of FY 2008-2009, FY 2009-2010, and FY 2010-2011 Recaptured Administration Funds MB CDC-London House II $266,646 SHIP • $42,524 City of Miami Beach -Administration $4,252 Miami Beach CDC -Homebuyer/Rehabilitation $38,272 City of Miami Beach 2012-2013 Action Plan 444 CDBG Public Service Activities Boys and Girls Clubs of Miami -Miami Beach Juvenile Program -$20,000 - To provide a free, high-quality, after-school academic improvement program, athletics, recreational activities, and 8-week summer program for approximately 300 youth ranging in ages from 5 to 16. Food for Life Network, Inc. -Home Delivered Meals/Groceries for Persons with HIV/AIDS -$15,000 -To provide weekly, nutritionally balanced home- delivered frozen meals or groceries to approximately 20 income-eligible homebound persons living with HIV/AIDS in Miami Beach. Jewish Community Services -Case Management Services -$26,461 -To provide employment assistance to promote client and family self-sufficiency for approximately 48 low to moderate-income, situational and economically homeless individuals, homeless persons in families with children, and those in danger of becoming homeless. Homeless individuals only are also provided with job training, necessary work equipment, work clothes and transportation tokens. To provide professional support to an adult day care program servicing to' frail elderly in a structured supportive setting with daily activities, nutritionally balanced meals and therapies that provide or prolong the need for institutionalization. To partially fund a social worker for a home delivered meals and shopping services program servicing approximately 125 low to moderate income frail elders residing in the City of Miami Beach. The social worker will visit approximately 125 elderly clients throughout the year; in addition the program also provides shopping services to 25 elders unable to shop for themselves. Little Havana Activities and Nutrition Centers of Dade County, Inc. - Rainbow lntergenerational Child Care -$30,000 -To provide an affordable child development program to 30 pre-schoolers of very-low income working parents. Employ Miami Beach seniors as teachers and allow approximately 100 parents to be employed. City of Miami Beach 2012-2013 Action Plan 445 Miami Beach Community Development Corporation -Housing Based Public Services Coordination -$20,000 -To fund a coordinator that brings together existing program services including referral services to address the needs of approximately 220 low and moderate income elderly and special needs tenants. R.A.I.N. Parents, Inc. -Family Services -$15,000 -To provide vouchers for emergency food, and child care scholarships for approximately 75 low to moderate-income individuals and families with children residing in Miami Beach who have received eviction notices or who are already homeless, with peer counseling for assisting parents in making positive life changes towards self- sufficiency. UNlOAD of Miami Beach, Inc.-Project Link-$10,000-To provide information and referral services, employment activities and bilingual assistance to approximately 5,000 income-eligible Miami Beach residents at the Miami Beach Hispanic Community Center in the North Beach area and the Career Center located in South Beach area. CDBG Housing Activities Miami Beach CDC-Rehabilitation of the London House Apartments Phase II -$158,338-Rehabilitation of 16 multifamily rental units. Miami Beach Community Development Corporation -Multi-Family Housing Program-$100,000-To provide affordable rental housing units for people with low to moderate income, living and working on Miami Beach. Currently there are seven projects being developed under this program. CDBG Rehabilitation. Preservation and Public Facilities Douglas Gardens CMHC -Mayfair House Apartments Improvements - $20,000 -Interior and exterior improvements to the Mayfair House Apartments. HACMB-Boiler Replacement-$75,000-To replace the Boiler at Rebecca Towers. HACMB -Shower Conversion at Rebecca Towers -$25,000 -To convert showers at Rebecca Towers to make them accessible for frail elders. City of Miami Beach 2012-2013 Action Plan 446 Jewish Community Services of S. Florida -Miami Beach Senior Center Capital Improvement -$50,000 -Improvements to the Senior Adult Day Care Center. UNlOAD of Miami Beach, Inc.-Coral Rock House Improvements-$21,329- Improvements to the Coral Rock House which provides public services to the North Beach Target Area. CDBG Other Eligible Activities City of Miami Beach Office of Real Estate, Housing and Community Development-CDBG Administration -$181,947-To continue to provide the necessary funding to plan, manage, oversee, coordinate, monitor, audit and evaluate the CDBG program and sub-recipients in accordance with federal regulations. Funding includes activities to ensure compliance with federal fair housing/EEO requirements ($5,000 for HOPE, Inc.), environmental review, fiscal management, citizen participation, public information and planning and management activities. City of Miami Beach Office of Real Estate, Housing and Community Development-Planned Repayment of Section 108 Principal-$210,000-To repay the principal balance of a HUD Section 108 loan in the amount of $4,000,000. The loan was acquired to implement a comprehensive streetscape improvement program in the North Beach area, including Normandy Isle; and to complete construction of the North Shore Youth Center as part of a neighborhood revitalization strategy for North Beach City of Miami Beach Code Compliance Division -Code Enforcement North Beach District -$90,000 -To provide 2 full-time Code Compliance Officers to assist in the implementation of the North Beach Economic Development Strategic Plan and the North Beach Neighborhood Revitalization Strategy. HOME Eligible Project Activities MB CDC -London House PH II -$343,795 -Rehabilitation of 18 units of multifamily housing. CHDO Project Set-Aside -Miami Beach Community Development Corporation -$73,760 Acquisition and/or rehabilitation of multi-unit residential properties, to provide affordable housing opportunities. City of Miami Beach 2012-2013 Action Plan 447 • The London House Apartments Phase II -$73,670 CHDO Operating -Miami Beach Community Development Corporation - $24,557 Funds to pay salaries, wages, and other employee compensation and benefits, rent, utilities, employee education, travel, training, communication costs, taxes, insurance, equipment, materials, and supplies. MB CDC -London House PH II -$266,646 of Recaptured Administration Funds -Rehabilitation of 18 units of multifamily housing. HOME Other Eligible Activities City of Miami Beach Office of Real Estate, Housing and Community Development-HOME Program Administration -$49,114 for management, oversight, coordination, monitoring, evaluation, staff and overhead, public information, fair housing education activities ($5,000 for HOPE, Inc.), indirect costs and planning activities. Managing the Process 1. Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. Program Year 5 Action Plan Managing the Process response: Lead Agency The City of Miami Beach Office of Real Estate, Housing and Community Development is charged with the responsibility of administering Federal and State programs that are meant to provide vital public services and public facilities, and to develop decent affordable housing and revitalize urban neighborhoods through community and economic development initiatives. City of Miami Beach 2012-2013 Action Plan 448 Significant Aspects of Planning Process The City has established housing, community, and economic development priorities through a variety of planning activities that include its Consolidated Plan, Comprehensive Plan, redevelopment plans, community surveys and Local Housing Assistance Plan. In addition to these resources, the City of Miami Beach annually requests proposals for housing and community development projects, which are reviewed by the City's Community Development Advisory Committee (CDAC). The CDAC reviews funding requests for the CDBG program. The CDAC is a 14- member volunteer board appointed by the City Commission. The City received 18 project proposals for consideration for Fiscal Year (FY) 2012-2013. The updated data for the City's 2012-2013 Action Plan was gathered from various sources including, but not limited to, the Comprehensive Housing Affordability Strategy (CHAS) data, HUD low and moderate income special tabulation data, U.S. Census data, the Florida Clearinghouse, University of Florida Shimberg Center and Claritas. FY 2012-2013 Action Steps to Enhance Coordination The Office of Real Estate, Housing and Community Development will continue to utilize its Community Development Advisory Committee (CDAC) as a way to coordinate efforts and flow of information between public and private housing, health, and social service agencies. Citizen Participation 1. Provide a summary of the citizen participation process. 2. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non-English speaking persons, as well as persons with disabilities. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. *Please note that Citizen Comments and Responses may be included as additional files within the CPMP Tool. Program Year 5 Action Plan Citizen Participation response: As a recipient of Federal funds, the City of Miami Beach must implement a 15 City of Miami Beach 2012-2013 Action Plan 449 Citizen Participation Plan that sets forth the City's policies and procedures for involving the community in developing the Consolidated Plan, incremental action plans, any substantial amendments to such plans, and for developing the Consolidated Annual Performance Evaluation Report (CAPER). Below is a summary of all the opportunities for citizen input in the development of the FY 2012-2013 Action Plan. Summary of Citizen Participation Process • Community Development Advisory Committee Meeting -January 27, 2012 • Request for Proposal Process -April 2 to May 1, 2012 • Community DE:welopment Advisory Committee Meeting-April27, 2012 • Community Development Advisory Committee Meeting -May 4, 2012 • Community Development Advisory Committee Meeting-May 18, 2012 • 30 Day Public Comment Period-June 18, 2012 to July 17, 2012 • Public Meeting-June 27, 2012 • Commission Approval-July 18, 2012 Summary of Efforts to Broaden Citizen Participation Notices of all public hearings were published prior to the hearings, in a non-legal section (i.e. display advertisement) of at least one newspaper of general circulation. The Request for Proposals application process was also published in a newspaper (i.e. display advertisement). In addition to public meetings required to be held regarding the 2012-2013 Action Plan, City staff met as necessary with the Community Development Advisory Committee (CDAC). The CDAC is a 14-member volunteer board that is appointed by the City Commission. The CDAC members reviewed CDBG project funding requests. In 2009, the City completed a community satisfaction survey which over 1000 residents and 500 businesses participated. Phone surveys were conducted in both English and Spanish. The surveys provided the City with the information needed to develop, improve and implement strategic priorities for the future of the City. The 2009 survey was a follow up to the community satisfaction surveys conducted in 2005 and 2007. Any comments received from the public pertaining to the Action Plan will be addressed in the format described the City's Citizen Participation Plan. Written comments received are included under "Exhibits". City of Miami Beach 2012-2013 Action Plan 450 Institutional Structure 1. Describe actions that will take place during the next year to develop institutional structure. Program Year 5 Action Plan Institutional Structure response: While the Office of Real Estate, Housing and Community Development serves as the lead agency, the One-Year Action Plan is implemented with the assistance of various non-profit social service providers, the Miami Beach Community Development Corporation, the Miami Beach Housing Authority, and various other for-profit entities. The Office also strengthens efforts of the continuum of care for homelessness by providing emergency shelter and other support services for homeless individuals and families, and/or interim assistance for the prevention of homelessness. The City previously collaborated with the other local entitlement jurisdictions including Miami-Dade County, City of Miami, City of Hialeah and City of North Miami in the creation of a "Metropolitan Fair Housing Advisory Committee" as part of its effort to complete an updated Analysis of Impediments to Fair Housing Choice report, which was prepared by Housing Opportunities Project for Excellence (H.O.P.E.) Inc. Monitoring 1. Describe actions that will take place during the next year to monitor its housing and community development projects and ensure tong-term compliance with program requirements and comprehensive planning requirements. Program Year 5 Action Plan Monitoring response: The overall standards used to monitor the management and implementation of the City's Action Plan is the applicable laws found in the Code of Federal Regulations, Title 24 which pertains to HUD. In addition, policy memorandums and notices issued by HUD and consultation with the HUD's Miami Field Office- Community Planning and Development Department, serve as guidance in maintaining and monitoring program compliance. HUD's Community Planning and Development Office has developed a monitoring guide that is used to monitor grantees. Other applicable regulations and policies such as those from the Department of Labor, U.S. Office of Management and Budget, Office of Fair Housing and Equal Opportunity, and the Environmental Protection Agency are standard for any monitoring tools and procedures developed for housing and City of Miami Beach 2012-2013 Action Plan 451 community development programs. Subrecipients will be monitored for compliance with the following HUD rules and regulations: • National Objective and Eligibility • Conformance to the Subrecipient Agreement • Record-Keeping Systems • Financial Management Systems • Insurance • Procurement • Equipment and Real Property • Non-Discrimination and Actions to Further Fair Housing The goal of subrecipient monitoring is to ensure that services are provided as prescribed in the subrecipient contract and to identify concerns and or findings and implement corrective action. The emphasis is on prevention, detection and correction of problems. All quarterly reports submitted by the subrecipients will undergo a desk review and risk assessment. Technical assistance workshops, training and monitoring visits will be performed throughout the program year. Communication is the key to a good working relationship with the subrecipient agencies. Monitoring is an ongoing process involving continuous subrecipient communication and evaluation. The staff of the Office of Real Estate, Housing and Community Development is experienced in subrecipient monitoring criteria and techniques. Lead-based Paint 1. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead-based paint hazards in order to increase the inventory of lead-safe housing available to extremely low-income, low-income, and moderate-income families, and how the plan for the reduction of lead-based hazards is related to the extent of lead poisoning and hazards. Program Year 5 Action Plan Lead-based Paint response: The City of Miami Beach will continue to evaluate lead-based paint hazards by contacting the Miami Dade Health Department annually to determine whether any residents have been diagnosed with high levels of lead and where the housing units are located. As part of any City administered housing program, the City will ensure that all appropriate lead hazard disclosures, brochures and testing are done in compliance with Federal regulations for those homes that were built prior to City of Miami Beach 2012-2013 Action Plan 452 1978. If abatement is required, specifications by a certified lead contractor will be written and incorporated into rehabilitation specifications to be implemented by the City with CDBG/HOME funding. These actions will prevent lead poisoning and hazards in the community. Specific Housing Objectives *Please also refer to the Housing Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the next year. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 5 Action Plan Specific Objectives response: Increasing decent affordable housing opportunities is a priority objective in the City. The City currently has programs such as first-time home buyer assistance and multi-family residential rehabilitation which are funded from CDBG, HOME and/or SHIP. Maintaining and increasing affordable rental properties is a priority of the City. Continuing to fund these activities and programs will remain a priority. As evidenced by the CHAS special tabulation data, the priority need in the City remains affordable rental housing. The highest priority continues to address the households that have very low income and are paying more than 50% of their income on housing needs and/or are living in substandard housing. The medium priority is assigned to households at 51% to 80% AMI, therefore having less severe issues. The lowest priority will be assigned to those households with incomes 80% AMI or greater. City of Miami Beach 2012-2013 Action Plan 453 TABLE: SUMMARY OF 2012-2013 HOUSING PLAN OBJECTIVES AND OUTCOMES Priority Proposed Activities/Project Outcome Statement Indicator P~rformance Measure 1 Year Goal Funding Objectives Sources Decent Housing Single Family Housing Improve availability and Homes Rehabilitated 0 Rehabilitation accessibility of decent housing in the City in an effort to maintain/improve housing stock conditions for low/mod households. Decent Housing Scattered Site Home Purchase Improve affordability of Households 1 Household SHIP Assistance (Down decent housing within City for Payment/Closing And Mortgage low/mod households. Buy Down) Decent Housing Scattered Site Home Counseling Improve availability and Persons Counseled 30 Persons CountyCDBG ~ accessibility of decent U1 housing in the City ~ Decent Housing Multi-Family Housing Improve availability and Rental Units Rehabilitated 24 Units HOME, CDBG Rehabilitation Program accessibility of decent rental and Private housing in the City. Investment RDA Decent Housing Outreach Activities Improve availability and Training Sessions Per Year 4 Sessions CDBG accessibility of decent housing opportunities in the City. Suitable Living Code Compliance Encourage suitable living Number of People that Live in the 23,340 CDBG Environment environments that promote North Beach Target Area sustainability in the City. 20 City of Miami Beach 2012-2013 Action Plan Resources Available (Federal) CDBG -Community Development Block Grant. Funds will be used primarily for home repair assistance, purchase assistance and may be utilized for one time emergency assistance needs. (State) SHIP-State Housing Initiative Partnership-$42,524. Remaining funds from prior year allocations will be utilized primarily for rehabilitation of units in the City. This is only funding that will be available for households that are at 80% to 120% AMI. (Federal) HOME -Home Investment Partnerships Funds will be used primarily for the rehabilitation of units. Funds will be set aside for a certified Community Housing Development Organization to undertake eligible HOME activities. (Local) Redevelopment Agency Funds (RDA) -Through tax increment financing available to the City Center RDA, funds are available for target areas. Additional Leverage Resources Section 202 -Program designed to promote the creation of new units or substantial rehabilitation of units, by a non-profit, for housing and related facility for the elderly, and mentally or physically disabled. Public Housing Grants -Grants that are provided by HUD to local public housing agencies. Funds are used to construct or rehabilitate publicly owned housing which is rented at below market rate to very low and low income households. Potential State Leverage Resources SHADP -Special Housing Assistance and Development Program. This program is designed to target smaller rental developments for hard-to-serve populations such as persons with a disability, frail elders and people who are homeless. SHADP helps finance development and operation of developments that have other resources. Tax Exempt Bonds -Issued by Florida Housing Finance to provide funding to subsidize units for very low and low income households. City of Miami Beach 2012-2013 Action Plan 455 City of Miami Beach Needs of Public Housing 1. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. 2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. Program Year 5 Action Plan Public Housing Strategy response: The following HACMB projects are underway: HACMB -Lois Apartments Rehabilitation -$150,000 -Rehabilitation of the Lois Apartments, located at 211 Collins Avenue. This project will provide for the replacement of windows and doors in this 16-unit, rental (Section 8) property with hurricane/impact resistant doors and windows. Two HACMB projects are included in the FY 2012/13 Plan; The HACMB, which operates independently from the City of Miami Beach, will undertake its own programs. Barriers to Affordable Housing 1. Describe the actions that will take place during the next year to remove barriers to affordable housing. Program Year 5 Action Plan Barriers to Affordable Housing response: As a recipient of Florida's SHIP funds, the City of Miami Beach is required to reinstate its Affordable Housing Advisory Committee (AHAC). The AHAC is an 11- member advisory board that is charged with the responsibility of reviewing the City's Comprehensive Plan and affordable housing policies and making recommendations to the City commission about how to enhance policies and incentives to promote affordable housing within the City. The City is required to submit to the State the committee's updated policy review and recommendations every three years. 22 City of Miami Beach 2012-2013 Action Plan 456 City of Miami Beach HOME/ American Dream Down payment Initiative (ADD I) 1. Describe other forms of investment not described in§ 92.205(b). 2. If the participating jurisdiction (PJ) will use HOME or ADD I funds for homebuyers, it must state the guidelines for resale or recapture, as required in § 92.254 of the HOME rule. 3. If the PJ will use HOME funds to refinance existing debt secured by multifamily housing that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under§ 92.206(b). The guidelines shall describe the conditions under which the PJ will refinance existing debt. At a minimum these guidelines must: a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. d. Specify the required period of affordability, whether it is the minimum 15 years or longer. e. Specify whether the investment of HOME funds may be jurisdiction-wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215{e)(2) or a Federally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, incfuding CDBG. 4. If the PJ is going to receive American Dream Down payment Initiative {ADDf:) funds, please complete the following narratives: a. Describe the planned use of the ADD! funds. b. Describe the PJ's plan for conducting targeted outreach to residents and tenants of pubtic housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families. c. Describe the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers. City of Miami Beach 2012-2013 Action Plan 457 City of Miami Beach Program Year 5 Action Plan HOME/ADDI response: The City of Miami Beach receives HOME funds which are utilized by the City's CHDO for rehabilitation and refinancing of buildings to provide affordable rental housing and rental assistance to income eligible persons to increase the number of affordable housing units in the housing stock. Appropriate Refinance Options • To ensure a lower interest rate. • Inability or unwillingness of the existing lender to cooperate with the planned HOME program financing or improvements. • The Subrecipient (CHDO) used interim financing in order to secure an available property. • Secure advantageous terms, conditions or procedures offered by a refinancing lender (No payments required during the construction period) or • Other circumstances as may be approved on an individual basis. • Refinancing must be incidental to the overall goal of the multi-family rehabilitation. Staff Review Each HOME program involving refinancing will be evaluated by the Housing and Community Development Division. The staff review will consist of: • A determination that rehabilitation, not refinancing is the primary activity. • Ensure project has a minimum affordability period of 15 years or longer period if determined appropriate. • A determination that the cost of rehabilitation is not less than an aggregate cost of $10,000 per unit in any project that is included. • A review of management practices which should demonstrate disinvestment in the property has not occurred. • A determination that the long term needs of the project can be met. • A determination that serving the targeted population over an extended affordability period is feasible. • A statement of whether the new investment is being made to maintain current affordable units or to create additional affordable units or both. The policies above apply to HOME activities regardless of where they occur within the City. HOME funds cannot be used to refinance multi-family loans made or insured by another federal program, including CDBG. To expedite staff review, each project for which refinancing is sought shall be submitted to the Housing and Community Development Division with information addressing the purpose, and each of the above mentioned review items. The City will not receive ADD I funds in FY 2012-2013. City of Miami Beach 2012-2013 Action Plan 458 City of Miami Beach Specific Homeless Prevention Elements *Please also refer to the Homeless Needs Table in the Needs. xis workbook. 1. Sources of Funds-Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney-Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly-owned land or property. Please describe, briefly, the jurisdiction's plan for the investment and use of funds directed toward homelessness. 2. Homelessness-In a narrative, describe how the action plan wfll address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3. Chronic homelessness-The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2012. Again, please identify barriers to achieving this. 4. Homelessness Prevention-The jurisdiction must describe its planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. 5. Discharge Coordination Policy-Explain planned activities to implement a cohesive, community-wide Discharge Coordination Policy, and how, in the coming year, the community will move toward such a policy. Program Year 5 Action Plan Special Homeless Prevention Elements response: Sources of Funds The City is a sub-recipient of Supportive Housing Program (SHP) funds from the Miami-Dade County Homeless Trust; it matches these funds with revenue generated by resort tax funds. It provides for supportive street outreach and placement services. The City is also receives funding from the Miami-Dade County Homeless Trust to assist the homeless in replacing state issued identification and placing homeless families, chronic homeless individuals, as well as transgendered homeless individuals in hotels until appropriate shelter is available. The City also utilizes $335,875.00 in resort tax funds to purchase additional emergency shelter beds for homeless individuals and families. This includes 31 emergency shelter beds at the Salvation Army, 15 emergency shelter beds at the City of Miami Beach 2012-2013 Action Plan 459 City of Miami Beach Miami Rescue Mission, and two treatment beds with Citrus Health Network, Inc., a community mental health services provider that enables the provision of short-term housing to the City's chronic homeless clients suffering from mental illness and/or substance abuse addiction. The City, through resort tax funds, also provides for food, identification assistance, and storage for items belonging to homeless clients provided with emergency shelter. Homelessness The City continues its efforts to reduce the number of homeless in Miami Beach by collaborating with the Miami-Dade County Homeless Trust and its Continuum of Care (CoC) to provide housing placements and other homeless services throughout Miami-Dade County. The City facilitates these efforts through the City's Homeless Services Program street outreach team, who conduct initial assessment, evaluate for residential stability, and provide placement into emergency, transitional, and permanent housing. The City receives an allocation of 34 emergency shelter beds out of the 794 emergency shelter beds funded by the Miami-Dade County Homeless Trust. As well as the 31 beds at the Salvation Army, 15 beds at the Miami Rescue Mission, and two treatment beds at Citrus Health Network, Inc. The City refers to several transitional and permanent housing providers in the CoC including: Camillus House, Citrus Health Network, Carrfour and Douglas Gardens (the latter both have facilities within Miami Beach). The Homeless Services Program also provides identification replacement assistance, which assists the homeless with the replacement of state issued picture identification. Many times not having picture identification poses a barrier to accessing much needed services. Other services provided to reduce the homeless population include transportation, free bus passes, referrals to other community resources, family reunification, food, and storage for items that belong to homeless individuals placed in shelter. Priority Homeless Needs specific to Miami Beach include: • Homeless Prevention • Street Outreach • Emergency Shelter • Transitional Housing • Permanent Housing Obstacles to reducing the number of homeless in Miami Beach are: • the lack of available emergency shelter beds, and • the 30 day turn-around period for which a homeless person is not allowed to return to shelter if they left the shelter without notice. City of Miami Beach 2012-2013 Action Plan 460 26 City of Miami Beach Chronic Homelessness The City of Miami Beach intends to support homeless initiatives and outreach efforts that promote ending chronic homelessness by 2012. These include initiatives and efforts focused on homelessness prevention, comprehensive street level outreach, assessments, emergency shelter, transitional and permanent housing placements, and referrals for services to address the needs of the homeless in the City. The goal is to help chronically homeless persons make the transition to permanent housing and independent living. The City, through its Homeless Services Program, utilizes the referral system and network of providers available through the Miami-Dade County CoC . • The Coordinated Outreach Program contracted to Citrus Health Network, Inc. This program is based on the Philadelphia Model Coordinated Outreach program, a best practice model. This approach includes all outreach teams, licensed clinical staff, and a psychiatrist. The program identifies (via referrals from the outreach teams) and tracks individuals experiencing chronic homelessness and compiles a focus list for targeted services. The individuals are then provided targeted assessment, clinical and primary health services, and placement of clients into appropriate permanent supportive housing and treatment. • The CoC also has Safe Havens, which have proven highly effective in engaging the chronic homeless, particularly those impacted with mental health issues. • Housing First, low demand models for those individuals and families experiencing chronic homelessness continues to be a funding priority for the Homeless Trust. Homelessness Prevention Through the countywide homeless hotline, funded by the Homeless Trust, individuals and families at risk of homelessness are assessed and provided with or linked to appropriate services, including but not limited to: case management, rental assistance, utilities assistance, and other services. Emergency Food and Shelter Assistance provided by FEMA Funds are utilized to assist individuals and families in need of emergency assistance with issues regarding payment of utility bills, rent and mortgage payments and also provides temporary shelter and food. These funds are administered by the Miami-Dade County Community Action and Human Services Department. City of Miami Beach 2012-2013 Action Plan 461 City of Miami Beach Discharge Coordination The Miami-Dade County Homeless Trust has established a Memoranda of Agreement with several systems of care. The goal of the agreement is to prevent homelessness, by setting forth discharge policies, and the identification of roles and responsibilities related to the discharge of homeless individuals and those who are at risk of homelessness. Some of the agencies who have executed inter-agency agreements are the Miami-Dade Corrections & Rehabilitation Department, the Department of Children and Families, the Eleventh Judicial Circuit Court of Florida, the Public Health Trust, Our Kids of Miami-Dade/Monroe, Inc., and the State Attorney's Office. Emergency Shelter Grants (ESG) (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. Program Year 5 Action Plan ESG response: This section does not apply as the City of Miami Beach no longer receives McKinney-Vento Homeless Assistance Act Emergency Shelter Grant (ESG). Community Development *Please also refer to the Community Development Table in the Needs.xls workbook. 1. Identify the jurisdiction's priority non-housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), public facilities, public improvements, public services and economic development. 2. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low-and moderate-income persons. "Note: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period (i.e., one, two, three, or more years), and annual' program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other measurable terms as identified and defined by the jurisdiction. Program Year 5 Action Plan Community Development response: The following section addresses non-housing community development needs in the City of Miami Beach. In general the City's priority non-housing community 28 City of Miami Beach 2012-2013 Action Plan 462 City of Miami Beach development needs have been public facilities/infrastructure improvements and public service needs. Through the 2008-2012 Consolidated planning process the City of Miami Beach has identified priority needs and a community development needs worksheet can be found under the Exhibits section. Public service activities that assist youth, elderly, homeless, and special needs, will continue to be priorities. The North Beach revitalization district will also remain a priority. Public Facilities and Infrastructure Improvements Activities such as senior centers, community centers, youth centers, neighborhood facilities, recreational facilities, and water/sewer projects are eligible CDBG activities. These improvements must benefit low to moderate income persons. These activities can be undertaken in low to moderate income areas or public facilities can be constructed where it is clear the presumed beneficiaries are low to moderate-income citizens. Specific public facilities and infrastructure improvements have been identified on the needs worksheet. The use of CDBG funds can be leveraged against available resources from the City's Redevelopment Area Tax Increment Financing, Capital Improvement Program, Enterprise Zone, or private investment to carry out activities within the community. CDBG funds are not meant to replace an existing funding source but rather to serve as a catalyst for projects that would not be accomplished without the assistance of the CDBG program. North Beach Revitalization The City of Miami Beach's priority community development needs continues to focus on the North Beach Community. In 2001, HUD approved the City's adopted Neighborhood Revitalization Strategy (NRS) for North Beach. The NRS includes a list of projects targeted for this area, an area that has not experienced the revitalization felt in South Beach and other areas. There is also a redevelopment plan in place that provides for tax increment financing (TIF) revenue. North Beach is the northernmost section of Miami Beach and encompasses the area of 63rd Street north to 87th Street and Biscayne Bay east to the Atlantic Ocean. Residents are primarily low to moderate-income renters. Also, many parts of the North Beach area are included in a State-designated Enterprise Zone, including all of the commercial areas and portions of the residential neighborhoods. The area is being expanded. The Florida Enterprise Zone program offers financial incentives to businesses located in designated areas found in urban and rural communities. These incentives are offered to encourage private investment in the zones as well as employment opportunities for the area's residents. Such incentives include: • Enterprise Zone Jobs Tax Credit (Corporate Income Tax) • Enterprise Zone Jobs Tax Credit (Sales and Use Tax) City of Miami Beach 2012-2013 Action Plan 463 City of Miami Beach • Enterprise Zone Property Tax Credit (Corporate Income Tax) • Sales tax refund for building materials used in rehabilitation of real property • Sales tax refund for business machinery and equipment • Sales tax exemption for electrical energy • Community Contribution Tax Credit Program The NRS and North Beach Redevelopment Plan contain a variety of strategies that drive revitalization efforts in the area. The NRS captures a variety of CBDG eligible community development strategies to address the diverse needs of the community range from historic preservation to upgrading public infrastructure and facilities. Basis for Priority: The City has an approved NRS for the area specifically designed to improve the area to help sustain the overall economic vitality of the City. Obstacles: Sufficient funding to address the many needs is difficult to assemble. The various needs of the community such as economic opportunity, housing, and legal issues may serve as an obstacle to attracting private investment needed to help revitalize it. Cost of homeownership is out of reach for many low income persons. The lack of ownership may thus continue to reduce the stability of the community. Basis for Priority: The key to revitalizing a community and attracting private investment is for the City to invest in its infrastructure. Obstacle: Funding. Public Service Needs Activities such as outreach, counseling, substance abuse, child care services, outreach activities, and training are generally considered public service activities. These funds are subject to a 15% cap under the CDBG program. With a diverse community such as Miami Beach, a variety of services is needed. Some of the services addressed as priorities include: • Child Care Services • Economic Development • Employment Training • General Public Services • Health Services • Public Facilities and Improvements • Senior Programs and Senior Services • Services to Persons with Disabilities • Youth Programs City of Miami Beach 2012-2013 Action Plan 464 City of Miami Beach Basis for Priority: Each year, during the City's Request for Proposal process, the majority of applications received are public service based. Obstacle: Funding, capacity of service providers, and possible unnecessary overlap in delivery. City of Miami Beach 2012-2013 Action Plan 465 TABLE: SUMMARY OF 2012-2013 COMMUNITY DEVELOPMENT OBJECTIVES AND OUTCOMES Prior Objectives Economic Opportunity Suitable Living Environment Economic Opportunity/ .~:=Suitable Living cn=nvironment CD Economic Opportunity/ Suitable Living Environment Proposed Activities /Projects Job Training/Public Service Senior Centers Public Service Activities: Child Care Services General Public Services Health Services Senior Programs and Senior Services Services to Persons with Disabilities Youth Programs Fac;ade Improvement Program Outcome Statement Improve availability and accessibility of jobs to low/mod persons. Encourage suitable living environments that promote sustainability in the City. Promote economic opportunities and/or suitable living environment with new/improved access to public services. Promote economic opportunities and/or suitable living environment. City of Miami Beach 2012-2013 Action Plan Indicator Performance Measure Job Training Physical Improvements Made To Benefit Low To Moderate Income Persons In Target Areas Including North Beach Revitalization Area Persons Assisted Businesses Assisted 1 Year Goal 50 Persons Trained 1 Public Facility 11 ,450 Persons 1 0 Businesses Funding Sources CDBG CDBG/Section 108, RDA CBDG FY 11/12 CDBG Private Match 32 City of Miami Beach Anti-Poverty Strategy 1. Describe the actions that will take place during the next year to reduce the number of poverty level families. Program Year 5 Action Plan Antipoverty Strategy response: The Anti-Poverty Plan is intended to increase incomes and job opportunities for low- income households. Miami Beach's economy relies on lower paying service-sector and seasonal tourism-oriented jobs. Many of these jobs are open to people with low skills and low educational attainment. In response to the Welfare Reform Act, the City of Miami Beach focused its core to combat poverty and focused on the creation of secure, well-paying jobs. Implementation of these anti-poverty efforts remains a cooperative effort between the City, the local business community, community development agencies, nonprofit organizations, the City's designated CHDO, the Housing Authority of the City of Miami Beach, Inc., and other service organizations. A major objective of the City's economic development activities is the stimulation of economic revitalization and job creation by facilitating business development and expansion, job creation/retention, encouraging private development through public support, and carrying out housing and neighborhood revitalization. The development of convention-quality hotels is an economic development objective which is an example of business development that provides significant employment opportunities for persons entering the job market. The purpose of this strategy is to link individuals and families to the programs and services available to them and to build upon existing anti-poverty program infrastructure. External factors that impact the economy will have an impact on the resources and programs available to move individuals towards economic self sufficiency as well as jobs available. These factors can also have an impact on affordable housing. However, even with negative external factors the overall goals, objectives/policies will remain the same as programs and activities are adapted to reflect market change. The City will continuously seek out opportunities that support or improve its anti-poverty strategy. City of Miami Beach 2012-2013 Action Plan 467 Non-homeless Special Needs (91.220 (c) and (e)) *Please also refer to the Non-homeless Special Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 5 Action Plan Specific Objectives response: As indicated in the 2008-12 Consolidated Plan Housing Assessment, one-fifth of the City's households are headed by a household 65 years or older and more than half are cost burdened. The burden of housing leaves many other needs unaddressed. The needs of the elderly and frail elderly are a priority in the City. Approximately 18 percent of the population has a disability. The highest prevalence of disabilities exists among seniors. Most of the disability is physical. The needs of the disabled are a priority. Miami Beach and the surrounding neighborhoods have some of the highest concentrations of reported adult HIV/AIDS cases in the County. Over the past ten years, there were 3,097 reported AIDS cases and 1 ,686 reported HIV cases in the area. The supportive needs of households with HIV/AIDS are a priority. Obstacles The major obstacle in meeting the needs of the non-homeless special needs populations is funding and a potential decrease in funding for non-profits. A decrease in funding will lead to fewer services provided to the community and may result in more wait-list type situations for the services. Housing and Supportive Services -Facilities and Programs Supportive housing and social services for special needs residents, including housing for persons with disabilities or HIV/AIDS, are provided by the City, County, local housing authorities and numerous nonprofit organizations. Primary programs are listed as follows: City of Miami Beach 2012-2013 Action Plan 468 City of Miami Beach Shelter Plus Care Program The Shelter Plus Care Program administered by the Miami-Dade Housing Authority (MDHA) provides housing assistance to homeless individuals or families who have a permanent disability, such as mental illness, substance abuse and/or HIV+/AIDS. The goal of the program is to provide self-sufficiency to the residents. Veterans Assisted Supportive Housing Program The MDHA in conjunction with the U.S. Department of Veterans Affairs provides 50 rental vouchers to homeless veterans with severe psychiatric or substance abuse disorders. HOPWA-Supported Housing The countywide HOPWA Program is administered by the City of Miami. The goal is to assist program participants in achieving and maintaining housing stability so as to avoid homelessness and improve their access to, and engagement in, HIV/AIDS treatment and care. Local HOPWA funds are directed towards long-term rental assistance, project-based rental or operating assistance and, when funds allow, capital funding for rehabilitation or new construction (new construction limited to single-room occupancy units and community residences). Approximately 1,000 households (well over 3,000 persons) are provided long-term tenant-based rental assistance and the support of housing specialists. Sixty (60) households are provided subsidized project-based housing. An additional thirty-one (31) units of housing, built in part with HOPWA funds, are restricted to housing only for persons living with AIDS. Assisted living Facilities Shelbourne House: Through CDBG program funds, the City regularly provides funding to the Shelbourne House. Shelbourne House provides housing and supportive services to income eligible persons with HIV/AIDS in Miami Beach. Housing vouchers are also available to eligible residents. Douglas Gardens: Douglas Gardens provides housing and supportive health services on a citywide basis for the elderly in Miami Beach. Housing Accessibility Programs Currently, 42 units from the City's assisted housing inventory are dedicated to persons with disabilities. HACMB is continuing to update and improve its public housing inventory. In accordance with their Section 504 needs assessment, HACMB is renovating Rebecca Towers to be ADA compliant. In addition, all new construction and renovation projects within the City must comply with the Americans with Disabilities Act. City of Miami Beach 2012-2013 Action Plan 469 City of Miami Beach Miami Beach Senior Centers Jewish Community Services has also received funding to make improvements to another senior center and provide supportive services. Tenant Based Rental Assistance The City does not currently have a tenant based rental assistance program funded from HOME. However, with such a large presence of cost burdened elderly households on fixed incomes, the City may undertake a tenant based rental assistance program in the future. City of Miami Beach 2012-2013 Action Plan 470 City of Miami Beach Housing Opportunities for People with AIDS *Please also refer to the HOPWA Table in the Needs.xls workbook. 1. Provide a Brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range/ type of housing activities to be done during the next year. 2. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. 3. Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans. 4. Report on annual HOPWA output goals for the number of households assisted during the year in: ( 1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dweflings, where funds are used to develop and/or operate these facilities. Include any assessment of ctient outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 5. Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan. 6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its approved Consolidated Plan. 7. Describe any barriers (including non-regulatory) encountered, actions in response to barriers, and recommendations for program improvement 8. Please describe the expected trends facing the community in meeting the needs of persons living with HIV/AIDS and provide additional information regarding the administration of services to people with HIV/AIDS. 9. Please note any evaluations, studies or other assessments that will be conducted on the local HOPWA program during the next year. Program Year 5 Action Plan HOPWA response: The City of Miami receives and administers HOPWA funds for the Miami-Dade County metropolitan area. Local HOPWA funds are directed towards long-term rental assistance, project-based rental or operating assistance and when funds allow, capital funding for rehabilitation or new construction (new construction limited to single-room occupancy units and community residences). City of Miami Beach 2012-2013 Action Plan 471 City of Miami Beach Specific HOPWA Objectives Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. Program Year 5 Specific HOPWA Objectives response: The City of Miami Beach does not receive HOPWA funding directly. HOPWA program objectives are identified by the City of Miami who is responsible for administering the HOPWA program for the metropolitan area. The City will support housing and other initiatives for persons with HIV/AIDS through appropriate public service/public facility dollars. Include any Action Plan information that was not covered by a narrative in any other section. City of Miami Beach 2012-2013 Action Plan 472 COMMISSION ITEM SUMMARY Condensed Title: A Resolution retroactively authorizing the acceptance of $18,500 dollars in cash donations (including sponsorships} made to the City for the annual Fourth of July celebration, a free event; and further appropriating said funds for the Fourth of July celebration; 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. Key Intended Outcome Supported: Increase community ratings of cultural activities. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Community Satisfaction Survey reported that 66% of all resident respondents felts that the number of family friendly activities and cultural activities are "about right". Additionally, on average, residents attended 15 cultural activities per year and 13 family friendly activities per year. These indicate increased satisfaction from the 2009 survey. Issue: Should the City accept sponsorships for July Fourth? Item Summary/Recommendation: In 1991, the City of Miami Beach launched the first "An American Celebration" as a means to attract more visitors to this area during the 4th of July. This celebration, due to its great success, has been carried on year after year as a vehicle to continue to bring more visitors to the city. In order to generate interest in all areas of the city, the event's location used to alternates between the North Beach community (72"d Street beach front) and the South Beach Community (Ocean Drive Beach Front) areas. When taking place in North Beach, the fireworks were discharged from a barge in the Atlantic Ocean. Unfortunately, due to the extremely high costs of procuring a barge, the City has produced the July 4th event from South Beach since 2007. However, the City has implemented a free shuttle from North Beach. On July 4th, 2012, the City of Miami Beach hosted its 19th annual July 4th celebration. The event took place at 8th Street east of Ocean Drive at Lummus park. This year's program entitled "Coca-Cola Presents Fire on the Fourth, Brought to You by the City of Miami Beach And Classical South Florida Radio" featured performances from Fred Thomas, South Florida Symphony Orchestra Quartet and DJ Maximus3000. The City also partnered with Classical South Florida Radio 89.7 FM to broadcast the program live on the radio. The fireworks show was accompanied by patriotic melodies compiled by Classical South Florida. The program began at noon with the aforementioned performances followed by a sixteen (16) minute firework show at 9pm. July 4th is an all day event and it is open to the general public at no charge. Advisory Board Recommendation: IN/A Financial Information· . Source~ it Amount Account /funds: \ 1 $18,500 011.9322.000352 \ OBP Total Financial Impact Summary: These sponsors are providing a total of $18,500 in funding and in-kind contributions to offset the costs for July 4th. Si n-Offs: Department Director T:\AGENDA\2012\7-18-12\July 4th Sponsorship MIAMI BEACH City Manager 473 AGENDA ITEM _C~7_V_ DATE 7-18-/1..._ ~ 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 Cif cynmission Kathie G. Brooks, Interim City Manager ;;;{'~ ~ / July 18,2012 /.- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING AND AUTHORIZING THE ACCEPTANCE OF $18,500 DOLLARS IN CASH DONATIONS (INCLUDING SPONSORSHIPS) MADE TO THE CITY FOR THE ANNUAL FOURTH OF JULY CELEBRATION, A FREE EVENT; AND FURTHER APPROPRIATING SAID FUNDS FOR THE FOURTH OF JULY CELEBRATION; AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO MAKE SUCH EXPENDITURES AND/OR REIMBURSEMENTS FROM THE AFORESTATED DONATIONS, IN FURTHERANCE OF AND CONSISTENT WITH THE AFORESTATED EVENT. ADMINISTRATION RECOMMENDATION Adopt the resolution. FUNDING Donations (including Sponsorships} made to the City for the July 4, 2012 event will be expended from 011.9322.00352. ANALYSIS In 1991, the City of Miami Beach launched the first "An American Celebration" as a means to attract more visitors to this area during the 4th of July. This celebration, due to its great success, has been carried on year after year as a vehicle to continue to bring more visitors to the city. In order to generate interest in all areas of the city, the event's location used to alternates between the North Beach community (72nd Street beach front) and the South Beach Community (Ocean Drive Beach Front) areas. When taking place in North Beach, the fireworks were discharged from a barge in the Atlantic Ocean. Unfortunately, due to the extremely high costs of procuring a barge, the City has produced the July 4th event from South Beach since 2007. However, the City provides FREE transportation from the 72nd Street and 81 5t Street parking lots in North Beach. · On July 4th, 2012, the City of Miami Beach hosted its 19th annual July 4th celebration. The event took place at 8th Street east of Ocean Drive at Lummus park. This year's program entitled "Coca-Cola Presents Fire on the Fourth, Brought to You by the City of Miami Beach And Classical South Florida Radio" featured performances from Fred Thomas, South Florida Symphony Orchestra Quartet and DJ Maximus3000. The City also partnered with Classical South Florida Radio 89.7 FM to broadcast the program live on the radio. The fireworks show was accompanied by patriotic melodies compiled by Classical South Florida. The program began at noon with the aforementioned performances followed by a sixteen (16) minute firework show at 9pm. 474 July 4th July 18, 2012 City Commission Meeting Page 2 of2 July 41h is an all day event and it is open to the general public at no charge. Marketing efforts for this event include PSAs and printed ads starting a month prior to the event. The media plan included news and local programming coverage for the event, including MB77, the Miami Beach government channel, as well as radio, television, and newspaper calendars around South Florida. The City secured the following sponsors for the event at varying levels of support: o Coca-Cola o Classical South Florida Radio o Waste Management o Planet Dodge o Planet Fiat o Allied Marketing o TD Bank This year's media sponsors included: 1. The Miami Herald, El Nuevo Herald and Miami.com 2. The Miami New Times 3. Classical South Florida 4. Atlantic Broadband 5. Welcome Channel CONCLUSION Staff worked diligently to identify funding sources to off-set the costs of producing this event. The Administration recommends the adoption of the attached Resolution authorizing the acceptance of these donations, their appropriation to cover costs of July 4th. JMG/HMF/MAS T:\AGENDA\2012\7-18-12\July 4th Sponsorship Acceptance Memo.doc 475 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING AND AUTHORIZING THE ACCEPTANCE OF $18,500 DOLLARS IN CASH DONATIONS (INCLUDING SPONSORSHIPS) MADE TO THE CITY FOR THE ANNUAL FOURTH OF JULY CELEBRATION, A FREE EVENT; AND FURTHER APPROPRIATING SAID FUNDS FOR THE FOURTH OF JULY CELEBRATION; AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO MAKE SUCH EXPENDITURES AND/OR REIMBURSEMENTS FROM THE AFORESTATED DONATIONS, IN FURTHERANCE OF AND CONSISTENT WITH THE AFORESTATED EVENT. WHEREAS, in 1991, the City of Miami Beach launched the first "An American Celebration" as a means to attract more visitors to this area during the 4th of July; and WHEREAS, this celebration has been carried out year after year as a vehicle to continue to bring more visitors to the city; and WHEREAS, the event includes performances for the public and a fireworks show, all free of charge; and WHEREAS, in furtherance of the City's July 4th 2012 event, following entities made donations to the City and were recognized as event sponsors: o Coca-Cola; o Classical South Florida Radio; o Waste Management; o Planet Dodge; o Planet Fiat; o Allied Marketing; o TD Bank; and WHEREAS, it is hereby recommended that the Mayor and City Commission retroactively approve and accept the aforestated donations on behalf of the City for the July 4, 2012 event; and WHEREAS, it is further recommended that the Mayor and City Commission hereby authorize the City Manager or her designee to make any necessary reimbursements and/or expenditures of the aforestated donations, in furtherance of and consistent with the aforestated July 4, 2012 event. 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 approves and authorizes the acceptance $18,500 dollars in cash donations (including sponsorships) made to the city for the annual fourth of July celebration, a free event; and further appropriating said funds for the fourth of July celebration; and authorizing the city manager or her 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\7 -18-12\July 4th Sponsorship Acceptance Reso.doc 476 COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Officially Adopting That The Mayor and The City Clerk To Execute Retroactive Amendment No.13 To The Existing Professional Services Agreement With STA Architectural Group, Inc., For The Fire Station 2 And The Hose Tower Refurbishment Projects; To Provide Program Revisions And Design Services For Program Changes Requested By The Fire Department And Extended Construction Administration Services; For Said Amendment In The Not To Exceed Amount Of $20,747.36 With Funding From The Capital Reserve Fund 304 Previously Appropriated In The Capital Budget Fiscal Year 201 0/2011. Key Intended Outcome Supported: Ensure well-Designed, Quality Capital projects Supporting Data (Surveys, Environmental Scan, etc.): Middle Beach lags the rest of the City in quality of City emergency/hurricane preparedness satisfaction: 78% of Middle Beach residents surveyed rated emeroencv/hurricane preparedness as excellent or oood compared to 84% of residents City-wide. Issue: I Shall the Mayor and City Commission adopt the Resolution? Item Summary/Recommendation: The Amendment No. 13 is for a not-to-exceed amount of $20,747.36, to revise the permitted construction set of plans in order to reconfigure the architectural layout during construction, as requested by the Fire Department Administration, since the Fire Prevention Department would remain in its current location. After the project was permitted, and well into construction; a request was made to change the original building layout in a particular section of the building. A detailed and careful evaluation of the changes took place and STA presented a request for additional services to perform the work required. The additional services proposal was reviewed and negotiated in accordance with the original fees as stipulated in the contract. The additional services negotiated entailed meetings with the Fire Department to discuss program changes; preparing alternate reconfiguration substituting Fire Prevention with other Fire Department Administration uses; preparing Construction Document revisions to the permitted plans; providing MEP services in accordance with the changes, extended coordination meetings, additional site visits, inspections, and evaluation of the potential impact to the construction schedule, allowance for reimbursable, and it was also determined that the above mentioned items would in-fact impact the original schedule by approximately two months. This Amendment also consists of additional services for the Consultant to provide extended construction administration services from Januarythru March 2012. In accordance with City of Miami Beach procurement policies, change orders up to $25,000 can be processed administratively. Although this Amendment is less than the threshold ($20,747.30) there have already been previous Amendments administratively approved this fiscal year for STA on this project. The cumulative total would exceed the $25,000 threshold, therefore warranting Commission approval. Advisory Board Recommendation: I~N~~~~~--------------------------------------------------=-:J Financial Information: Source of Amount FlMs: $20,747.36 lx OBPrf.A-.. -~ Total $20,747.36 I \ inancl~~l.j,pact Summary: N/A City Clerk'W l:1ffice Legislative Tracking: Fernando Vazquez ext. 6135 Sign-Offs: /) DepartmjM'lt Qifector Assistant City, FV( .,b JGG/DB A2!A' er I I Account 304-2146-061357 -City Mana!let/ KGB~ T:\AGENDA\2012\7 -18~\STA Ammendment No13 -FS2\Summary for STA ll.lf!ITiendment No13.docx MIAMI BEACH 477 AGENDA ITEM DATE C7W 7-1!-/1- ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager ~ ~ July 18,2012 Y SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE RETROACTIVE AMENDMENT NO. 13, TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH STAARCHITECTURAL GROUP, INC., FOR THE FIRE STATION 2 AND HOSE TOWER REFURBISHMENT PROJECTS; TO PROVIDE PROGRAM REVISIONS AND DESIGN SERVICES FOR PROGRAM CHANGES REQUESTED BY THE FIRE DEPARTMENT AND EXTENDED CONSTRUCTION ADMINISTRATION SERVICES; SAID AMENDMENT IN THE NOT- TO-EXCEED AMOUNT OF $20,747.36 WITH FUNDING FROM THE CAPITAL RESERVE FUND 304APPROPRIATED IN THE CAPITAL BUDGET FISCAL YEAR 2010/2011. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Previously appropriated Fire Station No. 2 Project funds: $20,7 47.36 Capital Reserve fund account 304-2146-000346 for Contingency to be transferred into Design account 302-2146- 061357. ANALYSIS On June 7, 2012, Miami Beach officials celebrated the grand re-opening of the historically- designated Fire Station No. 2. The historic building, at 2300 Pine Tree Drive, serves as the City Fire Department's administrative headquarters. The firehouse's estimated cost of $2 million renovation and reconstruction had the approval of Miami Beach's historic preservation and planning boards. The plans for the reconstruction of the Historical Fire Station were developed by STA Architectural Group. On July 17, 1996, the Mayor and City Commission adopted Resolution No. 96-22068 authorizing an Agreement with STA Architectural Group (Consultant) for Professional Services for the Renovation and Expansion of Fire Station No. 2 building A and B as well as a Master Plan for the Site. The Agreement provided for the detailed planning, design, bidding and construction administration services. After many years of planning and development, the Historical Fire Station 2 project commenced. After the project was permitted, and well into construction; the Fire Department requested changes be made to the original building layout. The changes were required since the Fire Prevention Division would no longer move in~fte Fire Station 2 building. Fire Station No. 2 -STA Amendment #13 Ju/y18, 2012 Page 2 of2 STA was directed to perform a detailed evaluation of the changes and they in turn presented a request for additional services. The additional services proposal was reviewed and negotiated in accordance STA's original fees as stipulated in the contract (Exhibit B-1 and B-2). The negotiated additional service was for a not-to-exceed amount of $20,747.36 presented as Amendment No. 13 (Exhibit A) as identified in the scope of services, for the permitted construction set of plans. The additional services negotiated entailed meetings with the Fire Department to discuss program changes; preparing alternate reconfiguration substituting Fire Prevention with other Fire Department Administration uses; preparing Construction Document revisions to the permitted plans; providing MEP services in accordance with the changes, extended coordination meetings, additional site visits, inspections, and evaluation of the potential impact to the construction schedule, allowance for reimbursable, and it was also determined that the above mentioned items would in-fact impact the original schedule by approximately two months. This Amendment also consists of additional services for the Consultant to provide extended construction administration services from January thru March 2012. In accordance with City of Miami Beach procurement policies, change orders up to $25,000 can be processed administratively. Although this Amendment is less than the threshold ($20,747.30) there have already been previous Amendments administratively approved this fiscal year for STA on this project. The cumulative total would exceed the $25,000 threshold, therefore warranting Commission approval. CONCLUSION The Administration recommends that the City approve retroactive Amendment No.13 to the STA Architectural Group, Inc., Agreement, to provide program revisions as requested by the Fire Department and the required extended construction administration services, for a not-to-exceed amount of $20,747.36. KGB/JGG/FV/DM/HC Attachment T:\AGENDA\2012\7-18-12\STA Ammendment No13-FS2\FS2-STA Amend 13-Memo.doc 479 RESOLUTION NO., ______ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE RETROACTIVE AMENDMENT N0.13 TO THE PROFESSIONAL SERVICES AGREEMENT WITH STA ARCHITECTURAL GROUP, INC., DATED JULY 17, 1996, FOR THE FIRE STATION 2 AND HOSE TOWER REFURBISHMENT PROJECTS; SAID AMENDMENT, IN THE NOT TO EXCEED AMOUNT OF $20,7 47 .36, TO PROVIDE PROGRAM REVISIONS AND DESIGN SERVICES FOR CHANGES REQUESTED BY THE FIRE DEPARTMENT, AND EXTENDED CONSTRUCTION ADMINISTRATION SERVICES; WITH FUNDING FROM THE CAPITAL RESERVE FUND 304 APPROPRIATED IN THE CAPITAL BUDGET FISCAL YEAR2010/2011. RECITALS WHEREAS, pursuant to Request for Letters of Interest No. 133-94/95, the Mayor and City Commission adopted Resolution No. 96-22068 on July 17, 1996, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with STA Architectural Group, Inc. (Consultant) for the Renovation and Expansion of Fire Station No.2, and a Master Plan for the site at 451 Dade Boulevard (the Project); and WHEREAS, the Agreement provided for the detailed planning, design, bidding and construction administration services for the Fire Station No. 2 Project; and WHEREAS, an Agreement for planning services was executed for a not-to-exceed amount of $78,000; and WHEREAS, on June 28, 2000, the Mayor and City Commission adopted Resolution No. 2000-23975, approving Amendment No. 1 to the Agreement, for schematic design, design development, construction documents, permitting & bidding, and construction administration services for the rehabilitation of the historic structure and the new construction of a dormitory and apparatus structure improvements within the Project, for a not-to-exceed amount of $318,020; and WHEREAS, on October 17,2001, the Mayor and City Commission adopted Resolution No. 2001-24624, approving Amendment No.2 to the Agreement for the design of an Emergency Operations Center, a site drainage system, and a dedicated driveway serving the Public Works Yard, for a not-to-exceed amount of $117,000; and WHEREAS, on December 10, 2003, the Mayor and City Commission adopted Resolution No. 2003-25439, approving Amendment No. 3 to the Agreement for construction administration services for the Project, for a not-to-exceed amount of $192,000; and WHEREAS, on March 15, 2007, Amendment No.4 to the Agreement was executed approving additional construction administration services for the Project, for a not-to-exceed amount of $24,500; and 480 WHEREAS, on October 27, 2007, Amendment No. 5 to the Agreement was executed approving additional construction administration services for the Project, to be rendered on a monthly basis, for a not-to-exceed amount of $24,500; and WHEREAS, on June 20, 2008, Amendment No. 6 to the Agreement was executed approving additional construction administration services for the Project, to be rendered on a monthly basis, for a not-to-exceed amount of $24,447; and WHEREAS, on July 1 0, 2008, Amendment No. 7 to the Agreement was executed approving additional design and construction administration services for the Project, to be rendered on a monthly basis, for a not-to-exceed amount of $40,000; and WHEREAS, the first phase of the Fire Station No. 2 Project, the construction of Building Band its Emergency Operations Center, is substantially complete, and the Fire Department moved into the building and put it into service; and WHEREAS, Building A has now been more thoroughly inspected and several additional items have been identified that require modifications to the construction documents; and WHEREAS, the hose tower was also evaluated and, despite recent repairs, structural deficiencies were found; and WHEREAS, as a result, work to the hose tower, which had not been a part of the original scope of work, must now be included in the renovation project; and WHEREAS, on December 9, 2009, Amendment No. 8 to the Agreement was negotiated by staff, for a fee of $183,000, for an in-depth preconstruction review, Historic Preservation Board presentation, re-drawing and development of construction documents (per current codes), and bid and construction administration services for the rehabilitation of the historic building, hose tower, and new addition two-story connectors; and WHEREAS, on November 12, 201 0, Amendment No. 9 to the Agreement was executed approving the additional programming, planning, concept design, meetings and presentations for a two-story Auxiliary Training Structure to be added along the rear side of the Project structure, for a not-to-exceed amount of $11 ,480; and WHEREAS, on March 25, 2011, Amendment No. 10 to the Agreement was executed approving additional services for the special structural inspections of all the reinforcing steel, structural steel, wood truss framing, bracing, sheathing, exterior door and wood frame attachments for the construction of the Project, to be performed by a structural engineering sub- consultant, as required by the City's Building Department, to for a not-to-exceed amount of $10,000; and WHEREAS, on May 17, 2011, Amendment No. 11 to the Agreement was executed approving additional services for the architectural and structural design services associated with the re-design of foundations for the two connector buildings due to unforeseen conditions during construction, for a not-to-exceed amount of $2,760; and WHEREAS, on December 8, 2011, Amendment No. 12 to the Agreement was executed approving additional services for remediation special inspection services required for the structural engineer to oversee the structural spalling repairs of the building, for a not-to-exceed amount of $16,600; and · 481 WHEREAS, the following Amendment No. 13 to the Agreement approves additional services for program revisions requested by the Fire Department and extended construction administration services, for a not-to-exceed amount of $20,747.36. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and the City Commission hereby approve and authorize the Mayor and the City Clerk to execute retroactive Amendment No.13 to the Professional services Agreement with STA Architectural Group, Inc., dated July 17,1996, for the Fire Station 2 and the Hose Tower refurbishment Projects; said amendment, in the not to exceed amount of $20,747.36 to provide revisions and Design Services for program changes requested by the Fire Department, and extended Construction Administration services; with funding from the capital reserve fund 304 previously appropriated in the capital budget fiscal year 2010/2011. ATTEST: City Clerk, Rafael Granado CITY OF MIAMI BEACH By ________________________ _ Mayor Mattie Herrera Bower PASSED AND ADOPTED this __ day of ____ , 2012. T:\AGENDA\2012\7-18-12\STA Ammendment No13-FS2\Reso for STA Amendment No. 13-FS2.doc 482 APPROVED AS TO FORM & LANGUAGE & FO EXECUTION ._L,1.2.. ttomey~~ EXHIBIT A AMENDMENT N0.13 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND STA ARCHITECTURAL GROUP, DATED JULY 21, 1996 FOR PROGRAM REVISIONS REQUESTED BY THE FIRE DEPARTMENT AND EXTENDED CONSTRUCTION ADMINISTRATION SERVICES IN THE NOT-TO-EXCEED AMOUNT OF $20,7 47 .36. This Amendment No. 13 to the Agreement made and entered this_ day of , 2012, by and between the City of Miami Beach, a Municipal Corporation existing under the laws of the State of Florida (hereinafter referred to as CITY), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and STAArchitectural Group, Inc., a Florida Corporation, having its offices at 3526 North Miami Avenue, Miami, Florida, 33127 (hereinafter referred to as CONSULTANT). RECITALS WHEREAS, pursuant to Request for Letters of Interest No. 133-94/95, the Mayor and City Commission adopted Resolution No. 96-22068 on July 17, 1996, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with ST A Architectural Group, Inc. (CONSULTANT) for the Renovation and Expansion of Fire Station No.2, and a Master Plan for the site at 451 Dade Boulevard (PROJECT); and WHEREAS, the Agreement provided for the detailed planning, design, bidding and construction administration services for the Fire Station No. 2 Project; and WHEREAS, an Agreement for planning services was executed for a not-to-exceed amount of $78,000; and WHEREAS, on June 28, 2000, the Mayor and City Commission adopted Resolution No. 2000-23975, approving Amendment No. 1 to the Agreement, for schematic design, design development, construction documents, permitting & bidding, and construction administration services for the rehabilitation of the historic structure and the new construction of a dormitory and apparatus structure improvements within the PROJECT, for a not-to-exceed amount of $318,020; and WHEREAS, on October 17, 2001, the Mayor and City Commission adopted Resolution No. 2001-24624, approving Amendment No. 2 to the Agreement for the design of an Emergency Operations Center, a site drainage system, and a dedicated driveway serving the Public Works Yard, for a not-to-exceed amount of $117,000; and WHEREAS, on December 1 0, 2003, the Mayor and City Commission adopted Resolution No. 2003-25439, approving Amendment No. 3 to the Agreement for construction administration services for the PROJECT, for a not-to-exceed amount of $192,000; and WHEREAS, on March 15, 2007, Amendment No. 4 to the Agreement was executed approving additional construction administration services for the PROJECT, for a not-to-exceed amount of $24,500; and 483 WHEREAS, on October 27, 2007, Amendment No. 5 to the Agreement was executed approving additional construction administration services for the PROJECT, to be rendered on a monthly basis, for a not-to-exceed amount of $24,500; and WHEREAS, on June 20, 2008, Amendment No.6 to the Agreement was executed approving additional construction administration services for the PROJECT, to be rendered on a monthly basis, for a not-to-exceed amount of $24,447; and WHEREAS, on July 10, 2008, Amendment No. 7 to the Agreement was executed approving additional design and construction administration services for the PROJECT, to be rendered on a monthly basis, for a not-to-exceed amount of $40,000; and WHEREAS, the first phase of the Fire Station No. 2 Project, the construction of Building B and its Emergency Operations Center, is substantially complete, and the Fire Department moved into the building and put it into service; and WHEREAS, Building A has now been more thoroughly inspected and several additional items have been identified that require modifications to the construction documents; and WHEREAS, the hose tower was also evaluated and, despite recent repairs, structural deficiencies were found; and WHEREAS, as a result, the hose tower, work to which had not been a part of the original scope of work, must now be included; and WHEREAS, on December 9, 2009, Amendment No. 8 to the Agreement was negotiated by staff, for a fee of $183,000, for an in-depth preconstruction review, Historic Preservation Board presentation, re-drawing and development of construction documents (per current codes), and bid and construction administration services for the rehabilitation of the historic building, hose tower, and new addition two-story connectors; and WHEREAS, on November 12, 2010, Amendment No. 9 to the Agreement was executed approving the additional programming, planning, concept design, meetings and presentations for a two-story Auxiliary Training Structure to be added along the rear side of the PROJECT structure, for a not-to-exceed amount of $11 ,480; and WHEREAS, on March 25, 2011, Amendment No. 10 to the Agreement was executed approving additional services for the special structural inspections of all the reinforcing steel, structural steel, wood truss framing, bracing, sheathing, exterior door and wood frame attachments for the construction of the PROJECT, to be performed by a structural engineering sub-consultant, as required by the City's Building Department, for a not-to-exceed amount of $1 0,000; and WHEREAS, on May 17, 2011, Amendment No. 11 to the Agreement was executed approving additional services for the architectural and structural design services associated with the re-design of foundations for the two connector buildings due to unforeseen conditions during construction, for a not-to-exceed amount of $2, 760; and WHEREAS, on December 8, 2011, Amendment No. 12 to the Agreement was executed approving additional services for remediation special inspection services required for the structural engineer to oversee the structural spalling repairs of the building, for a not-to-exceed amount of $16,600; and WHEREAS, the following Amendment No. 13 to the Agreement approves additional services for program revisions requested by the Fire Department and extended construction administration services, for a not-to-exceed amount of $20,747.36. 484 NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No.13. 2. MODIFICATIONS The Agreement is amended to include "Schedule A-13", which is attached and incorporated herein. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The CITY and CONSULT ANT ratify the terms of the Agreement, as amended by this Amendment No. 13. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 13 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: City Clerk, Rafael Granado ATTEST: TITLE: Print Name 485 CITY OF MIAMI BEACH By ________________________ ___ Interim City Manager, Kathy G. Brooks CONSULTANT: STA ARCHITECTURAL GROUP, INC. By =T=IT~LE=:-------------------- Print Name APPROVED AS TO FORM & LANGUAGE &FOR CUTION SCHEDULE A-13 1. SCOPE OF WORK AND SERVICES REQUIRED Exhibit "A" of the Agreement, entitled "Scope of Services", is amended as follows and attached as Schedule A-13: Fire Department Requested Program Changes: This Amendment consists of additional services to revise the construction document set of plans to accommodate a reconfiguration of the architectural layout impacted by the City Manager's approval to maintain Fire Prevention at it's current location, as requested by the Fire Department. Revisions to the plans generally entail the relocation of the employee lounge, relocation of the division chiefs office, reconfiguration of the second floor main building bathroom/ janitor's closet, and the deletion of work stations in the first floor main building. Relocation of the employee lounge will impact changes to the mechanical, electrical, and plumbing plans as well. This scope of work include the necessary architectural, mechanical, electrical, and plumbing services required to address these revisions and any associated coordination with the City. Scope of work not-to-exceed fee includes reimbursable expenses. Extended Construction Administration Services: This Amendment consists of additional services for the Consultant to provide extended construction administration services from January thru February 2012. These additional services are necessary for the Consultant to address the ongoing construction issues of the project including, but not limited to: coordination with the City and Contractor; conducting site visits, as necessary, to inspect and document the progress of construction; attend meetings with the City and Contractor to resolve ongoing concerns; addressing Contractor Requests for Information (RFI); review and approval of change orders and Contractor payment applications; etc. 2. TIME OF COMPLETION Services authorized by this Amendment shall be completed by February 29, 2012. 3. PAYMENT AND COMPENSATION The scope of services described in this Amendment No. 13 shall be performed for a not-to- exceed amount of $20,747.36. Invoicing shall be as referenced in the original agreement. Compensation: Original Agreement Amendment No. 1 Amendment No. 2 Amendment No. 3 Amendment No. 4 Amendment No.5 Amendment No. 6 Amendment No. 7 Amendment No. 8 Amendment No. 9 Amendment No. 1 0 Amendment No. 11 Amendment No. 12 Amendment No. 13 Total Revised Agreement $78,000.00 $318,020.00 $117,000.00 $192,000.00 $24,500.00 $24,500.00 $24,446.70 $40,000.00 $183,000.00 $11,480.00 $10,000.00 $2,760.00 $16,600.00 $20,747.36 $1,063.054.06 486 EXHIBIT B-1 Title: Amendment • Extended Construction Administration Date: June 24, 2011 No. AWA 9607.012 Scope of Services Total Amount Authorization I Approval ADDITIONAL WORK AUTHORIZATION Fire Station No. 2 • Miami Beach :> _..s· $6,863.68 '-'-~~~ \~ Date ST A Architectural Group 487 EXHIBIT B-2 Title: Amendment -Program Revisions per attached plan diagrams Date: June 30, 2011 ADDITIONAL WORK AUTHORIZATION Fire Station No. 2 -Miami Beach No. AWA 9607.014 Scope of Services personnel to discuss program changes. Prepare alternate lr>>~Yinllinu,rati•ln substituting prevenllon with other fire dept administration uses. lr.ll•"tfi',at~wilh fire dept, cip, consulting engineers, and contractor. Prepare lr.t~ln<:tnlldio~n document revisions for permit admendment submission. Principal 6 Project Manager 8 Principal 0 Project Manager 0 56 Authorization I Approval Date ST A Architectural Group 488 Projected Fee rate fee -~- $ 150 $ 600 $ 120 $ 2.160 $ 75 $ 900 $ 3,660 .. -. $ 150 $ 900 $ 120 $ 960 $ 75 $ 600 $ 2,460 "·· ' .·, $ 150 $ . $ 120 $ . $ 75 $ . $ . ~ $ 500 ·• $6,620 ~:4l~ C7 -Resolutions C7X A Resolution Authorizing The Miami Beach Botanical Garden's Increased Facility Rental Rates, As Proposed By The Miami Beach Garden Conservancy, Inc., And As Recommended By The Finance And Citywide Projects Committee On July 10, 2012. (Real Estate, Housing & Community Development) (Memorandum & Resolution to be Submitted in Supplemental) 489 Agenda Item C '7 X Date 7-/ '6-/"~- THIS PAGE INTENTIONALLY LEFT BLANK 490 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Approving Pursuant To Section 2-367 (D) Of The Miami Beach City Code, The Sole Source Purchase Of Replacement Parts And Service For The Existing Channel Monster Grinder At Sewer Pump Station No. 28 From JWC Environmental, The Manufacturer Of The Grinder, And Exclusive Supplier Of Replacement Parts, In The Estimated Annual Amount Of $35,381.99 For Fiscal Year 2011/12, And The Purchase Of A Spare Channel Monster Grinder In The Amount Of $134,844. Key Intended Outcome Supported: Ensure well maintained infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: I Shall the Mayor and City Commission Adopt the Resolution? Item Summary/Recommendation: Purchase Order No. 018051 in the amount of 15,581.99 was issued on 12/19/2011 to JWC Environmental for the purchase of replacement parts and service for the Channel Monster grinder. Public Works Department has requested an increase to PO 018051 in the amount of $19,800 for additional parts required, bringing the total amount of the PO to $35,381.99, bringing the amount over the $25,000 threshold allowed by the Administration to issue Purchase Orders. The purpose of this Resolution is to request approval to issue a Purchase Order to JWC Environmental, the manufacturer and exclusive supplier of replacement parts for the grinder, in excess of $25,000. Additionally, to request approval to purchase a spare grinder in the amount of $134,844. This request for a sole source of parts and service and the purchase of a spare grinder will allow Public Works to respond to grinder failures in a timely and cost effective manner, and to minimize by-pass operations, overtime expenditures, and the risk of sanitary sewer overflows on public streets or in private property. ADOPT THE RESOLUTION. Advisory-Board Recommendation: I N/A Financial Information: Source of Amount Funds: 1 $19,800 EJ 2 $134,844.00 3 I 4 OBPI Total Financial Impact Summary: N/A islative Trackin Assistant City RA FB T:\AGENDA\2012\7 -18-12\J C9 MIAMIBEACH 491 Account Approved 425-0420-000342 Public Works Department Sewer Account Machinery & Equipment Account Number 425-0420-000674 AGENDA ITEM _C_7-..L.Y_ DATE 7-/f-/2- ~ 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 Kathie G. Brooks, City Manager /~ #--• July 18, 2012 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, APPROVING PURSUANT TO SECTION 2-367 (d) OF THE MIAMI BEACH CITY CODE, THE SOLE SOURCE PURCHASE OF REPLACEMENT PARTS AND SERVICE FOR THE EXISTING CHANNEL MONSTER GRINDER AT SEWER PUMP STATION NO. 28 (28th STREET/PINE TREE DRIVE) FROM JWC ENVIRONMENTAL, THE MANUFACTURER OF THE GRINDER, AND EXCLUSIVE SUPPLIER OF REPLACEMENT PARTS, IN THE ESTIMATED ANNUAL AMOUNT OF $35,381.99 FOR FISCAL YEAR 2011/12, AND THE PURCHASE OF A SPARE CHANNEL MONSTER GRINDER IN THE ESTIMATED AMOUNT OF $134,844. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Ensure well-maintained infrastructure. FUNDING Funding will be provided from the following account for Fiscal Year 2011/2012: $ 19,800 Public Works Department Sewer Account Number 425-0420-000342 $134,844.00 Machinery & Equipment Account Number 425-0420-00067 4 ANALYSIS The purpose of this Resolution is to request approval to issue Purchase Orders to JWC Environmental in excess of $25,000, for the purchase of replacement parts and service for the Channel Monster grinder located at Sewer Pump Station No. 28. Sewer Pump Station No. 28 is one of the City's largest sewer lift/booster pump stations processing approximately 7,000,000 gallons per day. It is located at 28th Street and Pine Tree Drive. The Channel Monster sewer grinder {the "grinder") grinds large solids into small pieces that will not damage the station's pumps. The grinder is an existing component of Sewer Pump Station No. 28, and it was installed as part of the city wide pump station improvements in 2007. The installation was reviewed and approved by the City's industry expert/consultant, COM, which reviewed the submission from JWC Environmental in 2007 to ensure that this grinder met all the requirements to 492 Commission Memorandum-JWC Environmental July 18, 2012 Page 2of2 fulfill the City's needs (Attachment 1 ). The station must be shut down when the grinder is out of service and it becomes necessary to by- pass the station to protect the pumps from being clogged with solids and damaged. The by-pass set up is necessary to avoid the sanitary sewer from overflowing onto the public streets and backing into private properties. By-pass operations require the rental of large portable pumps and installation of temporary piping above ground and outside the pump station. The by-pass operation also requires 24n maintenance and monitoring to control the sewer flows and to respond immediately in case of other by-pass or permanent equipment failures that could result in sewer overflows on City streets, therefore creating the need for daily overtime work. On average, the total cost for labor and equipment for by-pass operations is on the order of $3000 per week. In December, the station required service and repairs at a cost of $15,581.99. Presently, the station is operating at 60 percent capacity due to the present condition of the grinder. If the situation continues to deteriorate, then by-pass pumping will be required. An estimate has been received for $19,800 to replace the grinder teeth (Attachment 2). Therefore, it is requested to increase the total amount of the existing purchase order to the sum of $35,381.99. The Public Works Department is also recommending the acquisition of a spare grinder assembly in order to eliminate the need of rental of by-pass pumping equipment and the additional operational overtime expenditures. The new grinder will be available to swap out the existing grinder in case of failure. At that point, that grinder can then be repaired and readied for future use. Please see attached quote obtained from JWC Environmental for the spare grinder (Attachment 3). JWC Environmental is the sole manufacturer of the Channel Monster sewer grinder and the exclusive source for parts and service for this equipment (Attachment 4). This request for a sole source of parts and service will allow Public Works to respond to grinder failures in a timely manner, and to minimize by-pass operations and overtime expenditures. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, adopt the attached Resolution, herein approving the purchase of replacement parts and service for the Channel Monster grinder at Sewer Pump Station No. 28 from JWC Environmental, the manufacturer of the grinder, and exclusive supplier of replacement parts, in the estimated annual amount of $35,381.99 for Fiscal Year2011/12, an increase of$19,800, and the purchase of a spare Channel Monster grinder in the amount of $134,844. JGG/FHB/JJF/MA T:\AGENDA\2012\7-18-12\JWC Environmental Sole Source rev-Memo.doc 493 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, APPROVING PURSUANT TO SECTION 2-367 (d) OF THE MIAMI BEACH CITY CODE, THE SOLE SOURCE PURCHASE OF REPLACEMENT PARTS AND SERVICE FOR THE EXISTING CHANNEL MONSTER GRINDER AT SEWER PUMP STATION NO. 28 (28th STREET/PINE TREE DRIVE) FROM JWC ENVIRONMENTAL, THE MANUFACTURER OF THE GRINDER, AND EXCLUSIVE SUPPLIER OF REPLACEMENT PARTS, IN THE ESTIMATED ANNUAL AMOUNT OF $35,381.99 FOR FISCAL YEAR 2011/12, AND THE PURCHASE OF A SPARE CHANNEL MONSTER GRINDER IN THE ESTIMATED AMOUNT OF $134,844. WHEREAS, Sewer Pump Station No. 28 is one of the City's largest sewer lift/booster pump stations processing approximately 7,000,000 gallons per day; and WHEREAS, the Chanel Monster sewer grinder (the "grinder") grinds large solids as well as debris before those solids are carried with the flow to be handled by the pumps; and WHEREAS, at any time the grinder is out of service, it is necessary to place the pump station on by-pass mode to protect the pumps from being clogged with solids, and eventually damaged, and to avoid the sanitary sewer form overflowing on to the public streets and backing into private properties; and WHEREAS, by-pass operations require the rental of large portable pumps and installation of temporary piping above ground and outside the pump station; and WHEREAS, the by-pass operation also requires 24/7 maintenance and monitoring to control the sewer flows and to respond immediately in case of other by-pass or permanent equipment failures that could result in sewer overflows on City streets, therefore creating the need for daily overtime work; and WHEREAS, in December, the station required service and repairs at a cost of $15,581.99 and presently, the station is operating at 60 percent capacity due to the present condition of the grinder; and WHEREAS, an estimate has been received for $19,800 to replace the grinder teeth and therefore, it is requested to increase the total amount of the existing purchase order to the sum of $35,381.99; and WHEREAS, the Public Works Department is also recommending the acquisition of a spare grinder assembly in order to eliminate the need of rental of by-pass pumping equipment and the additional operational overtime expenditures in , the amount of $134,844; anel WHEREAS, JWC Environmental is the sole manufacturer of the "Channel Monster" sewer grinder and the exclusive source for parts and service for this equipment; and WHEREAS, this request for a sole source of parts and service will allow Public Works to respond to grinder failures in a timely manner, and to minimize by-pass operations and overtime expenditures. 494 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the purchase of replacement parts and service for the Channel Monster grinder at Sewer Pump Station No. 28 from JWC Environmental, the manufacturer of the grinder, and exclusive supplier of replacement parts, in the estimated annual amount of $35,381.99 for fiscal year 2011/12, and the purchase of a spare Channel Monster grinder in the estimated amount of $134,844 PASSED and ADOPTED this ___ day of-----' 2012. ATTEST: CITY CLERK MAYOR T:\AGENDA\2012\7-18-12\JWC Environmental Sole Source-Reso.doc 495 800 Brickell Ave., Suite 710 Miami, Fl 33131 To: ~i_9_~,L~~: __________________ _ ?3.?? ~!i!!!!l9_l30C!~ Attn: Lou Beck 1. APPROVED 2. APPROVED AS NOTED 3. APPROVED AS NOTED/CONFIRM 4. APPROVED AS NOTED/RESUBMIT Comments: CC: Hiram Siaba Field File 0 Attachment 1 TRANSMITTAL Date: _3t212S>.fJ.1 ___ .. -. ---.. ------------ Job: 09381_-:41L36::0.2R ______ -------- Water _an~LWa.s..tewarei.PJJ.mttStation !Jpgrade _ ---------------------- 5. NOT APPROVED 6. COMMENTS ATTACHED 7. RECEIPT ACKNOWLEDGED 8. FOR YOUR REVIEW c c c B ~d~ Y .... ·-··· -·--c --------·---· ·-·-----·· Beatriz rrero 496 SHOP DRAWING REVIEW COMMENTS City of Miami Beach Water and Wastewater Pump Station Upgrades Reprocurement S.D. Submittal No. D-11332-001-A S.D. Description: Channel Monster Grinder@ Pump Station# 28 CDM Project No. 9381-002R Date: March 1, 2007 STATUS OF S.D. APPROVED AS NOTED COMMENTS -Steve Martin- 1. Confirm that the dimensions of the existing channel have been field verified and taken into consideration before the frame assembly is designed and fabricated. 2. Drawing CDA 1161-103728 indicates that the Grinder unit will be installed in the existing channel approximately 2-ft upstream of the designed location. We have no objections to this. However, this will be necessary to extend the new handrail to accommodate the new location of the unit. The Contractor shall coordinate the requirements for grating and handrail with the actual installed location of the new unit. Page 1 of 1 SD#D-11332-001-A.doc 497 CARDINAL CONTRACTORS ,., rJ j 1 (/ll~iln~Min1' {;ij.'17Jl.f.iu.telii9·n Sewage Treatment Works Water Treatment Works Substructure Construction Via: UPS TO: CDM 800 Brickell Avenue Suite 700 Miami, Florida 33131 ATTN: James E. Crane, P. E. DATE: RE: PH: 954-587-0520 FAX: 954-587-6653 5365 Stirling Road Ft. Lauderdale, FL 33314 Febru~12,2007 City of Miami Beach Pump Station Upgrade City Project Bid No. 10-02 I 03 Widell, Inc. Job No. 672 Submittal D-11332-001-A WEENCLOSETHEFOLLO~G: ~Sh~o~p~D~r~a~w~m~g~s---------------------------------------- NO. DWGNO. DESCRIPTION COPIES 10 Binders Channel Monster Grinder @, WWPS 28 I SUBMITTED BY: I JWC Environmental/ Heyward I P. 0. No. I A-672-36 FOR: m APPRovAL o coRRECTION & RESUBMISSION D FINAL APPROVAL D APPROVED AS NOTED, PROCEED REMARKS: cc File Field Chrono City Miami Beach, c/o H. Siaba 498 D APPROVED, PROCEED D USE::.__ ,.._, --· c:~ c:- -J '""•-=·· -=~ ... !"·.--"'::. .;:o ------------~------------------------------······· ·······-······ CARDINAL CONTRACTORS f~~~e~ PH: 954-587-0520 FAX: 954-587-6653 .5365 Stirling Road Sewage Treatment Works Water Treatment Works Substructure Construction Submittal No. Item: Specification Section: Location Ft. Lauderdale, FL 33314 D-11332-001-A Channel Monster Grinder 11332 Wastewater Pump Station No. 28 CERTIFICATION STATEMENT: By this submittal, I hereby represent that I have determined and verified all field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings and all Contract requirements. CARDINAL CONTRACTORS ~ Project Manager ~· :li~~n;;- ~;_CT::l~- ----r.;~t~·~"ti) ·-\·~~o: t: t u..mansiortS. ThU.!i:-t,Qil'!Jtrt.~t's ro'J;'CW l)l thi:."! :;r,.;;:,;> -.;'!.,;.'" ;· .; "v. t ~-,.. ~} ~:i ~·.; C~U!_;)r(IP!"d 0f1£! t~~fa~zyti·H:; -':l ~r,;;v~1 fA~ ·• i i,~ ~ ..... ,::" ':""t!';t;~·t, ·. ;_~1:~, ', dtt&ien ncn{,~l ThM re/'!\','J L~l<-:,., !~ •i ~~·: •••• • '.' ;:· ~>;_,3•;r,t;t: t ~;."'t!= in the S:Vb<'llilb~ Cf ffCt'~: !ht;. ~;r.!W::..<":;..~::· ~::;. .. ;:\.>•:'.~~ ·,, : .•,::'d.t fmmth·'ltcnt:ar.;t)r'~um<~.l~ -:·; .• ·.r::~.;.··-·:· .. ·-:~;... !':~~ (!\monsioo5 of ~~br£::ll'•;.!• ~l",'l ·~u~~~·~~.:·, .. · ·~. :~ .• ··. $eqt:;;{:J.":S:i0Hl((,®Uit:!lnlt;Jf'S'fl...\!~:r/ .~~!:;. '•:•:';.'.~·;.;·• :.;" !i!J~~.c~~($\L. anti tor •. r:u!'A':; or tlfhlsslons ; ~ !:·~1 !:rtJ' davintkm:s • · ':l~.,. dataJlt:o and \~·b;C·; •. :'lchniquos, I ;;;.;;··~-2k!ib. .. f..Ao,.f:n., .. ':· ... '~l~~~A8nn: ~~~~.ho....:M~~ Cardinal Contractors· 672 I Project: Water and Wastewater Pump Station Upgrade, Bid 10·02103 COM Project 9381..002R WIJob672 I Owner: City ofMiaml Beach, florida EllJ)ineer: Camp ·oresser & McKee Inc. Date 2112101 Submittal 11332·001./~ No. Speclf. Di.v. 11.332 Para. No. 1-03 ~ Drawing No. c.o. 6 Drgs. Reviewe_!!.... By - 499 IIII!JA :r~c:::: ~1 Environmental® February 6, 2007 JWC SO 103728 Widell, Inc. 5365 Stirling Road Fort Lauderdale, FL 33314 Attention: Louis J. Beck Reference: JWC Channel Monster™ Miami Beach PS Dear Louis J. Beck: Enclosed please find our submittal packages for the above referenced project. This package includes the engineering data, pertinent drawings and bill of material for equipment. Review & Approval: Once your review is complete, please return one complete copy of the approved drawings and bill of material clearly identifying any remarks or concerns that you may have. If, at anytime during the review, you have any questions or need additional information, please feel free to contact me at (714) 428-4790. Shipping Instructions: Please confirm the contact person, telephone number, job-site address and delivery date. Ship to: Widell Engineering Construction Jobsite Trailer 7290 Dickens Avenue Miami Beach, FL 33141 Attention: Phone: {954) 931-1564 Request Delivery Date: Shipping Instructions: Upon receipt of the equipment, please check the packing list to make sure all items have- been received. If there is any discrepancy, any part of the shipment appears to be~ damaged upon arrival or missing, you should request a carrier inspection, and notify JWC as soon as possible. Purchaser is responsible to keep equipment and/or material in a safe, dry place, protected from the elements, vandals or thieves. 500 Ay~c::: V' Environmentar Supply by Otlters: The following items are to be supplied by Others: 1. Unloading of new equipment and removing existing equipment. 2. Installation of new equipment. 3. Civil works and electrical wiring and conduit. 4. Anchor bolts. Clarifications: Please review the following item(s) that clarifY any deviations or additional information: 1. Please notify JWC ifthe power supply is not 460V, 3ph, 60Hz. 2. Please advise any requirement on delivery and installation dates. Currently the project has not been released for manufacturing. Upon receiving approval of the submittal package, the project will be released for manufacturing. At that time, an estimated shipping schedule can be determined. We are looking forward to a successful delivery and installation of this project and other future projects. Best regards, David Tran, PE Project Engineer Tel: (714) 428-4790 Fax: (714)549-4007 Email: davidt@jwce.com 501 ::.-~-: Environmental® SUBMITTAL DATA Widell, Inc. 5365 Stirling Road Fort Lauderdale, FL 33314 Project Name: Miami Beach PS Sales Order Number: 103728 502 ·-; DATE JWCES.O. PROJECT NAME SOLD TO SUBMITTAL DATA FEBRUARY 6, 2007 103728 MIAMI BEACH PS WIDELL INC. EQUIPMENT TO BE FURNISHED: ONE (1) MODEL CDD5016-XDM2.5 CHANNEL MONSTER GRINDER MODEL CUTTERS SEALS DRIVE BAR SCREEN FRAME PAINT SERIAL NO. CAST IRON CHANNEL MONSTER, 50" CUTTING CHAMBER, 1/2" DIAMETER 304 STAINLESS STEEL COIL WITH I" PITCH 11-TOOTH CAM, AR500 LUGGED TUNGSTEN CARBIDEIBUNA-N ELECTRIC MOTOR, IOHP TENV XP IMMERSIBLE, 460V 3PH 60HZ, 254TC FRAME 1.15SF, REDUCER WITH 29: I REDUCTION RATIO WITH 40' CABLE. ELECTRIC MOTOR, 1 HP TENV XP IMMERSIBLE, 460V 3PH 60HZ, 145C FRAME 1.15SF, REDUCER WITH 377:1 REDUCTION RATIO WITH 40' CABLE. OVERFLOW BARSCREEN FOR 66" CHANNEL WIDTH, 13" HEIGHT, 316 SST. 3 I 6 SST ANGLE FRAME FOR 66" WIDE AND 81" DEEP CHANNEL, WITH SLIDE GATE TNEMEC EPOXY GREEN MUFFIN MONSTER SERIAL NO.: 103728-1-1 ONE (1) MODEL PC2223 MOTOR CONTROLLER DRAWING ENCLOSURE FEATURES VOLTAGE SERIAL NO. PC2223-103728-A NEMA 4X 316 STAINLESS STEEL DWG# CFll-308 (36X30X08) ONE (t) tAIL CONTACT AND ONE (1) RUN CONTACT, 1 OA RATED; MAIN RO:fARY DISCONNECT SWITCH, FUSED BRANCH CIRCUITS, MOTOR OVERTEMPS, SIEMENS S7-200 PLC (1) 10 HP/7.5 KW AT 460V /3-PHASE /60HZ (2) lHP /0.75KW AT 460V /3-PHASE/ 60HZ CONTROLLER SERIAL NO.: 103728-2-1 503 =--~-::. Environm.ental<I!J IClJSt<)mE~r:. Miami Beach •t;.,~nr:::u~r Name: Martha Torres 305-673-7660 . 786-394-4826 Attachment 2 Southeast Service Center 4485 Commerce Dr. Suite 109 Buford, GA 30518-3473 Phone: {770) 271-2106 (800) 331-8783 Fax: (770) 925-9406 Quote Date: 09/29/2011 Terms: Net 30 Days Pricing: Valid 60 Days Freight Terms: FOB Buford, GA Page 1 ofl QUOTE FOR MUFFIN MONSTER SPARE PARTS DESCRIPTIQN QTY UNIT PRICE EXTENDED PRICE 40071-0011 11 Tooth Cam Cutter ARSOO 108 $125.00 40025 AR500 Steel Spacer 108 $56.00 Grinder Serial # 103728-1-1-01 Freight PP and Add 1 $252.00 Total: Lead Time 1 Weeks Notes: . Please fax a Purchase Order for the Total amount with a correct Bill to Address and Ship to Address and I will complete the order. Please let me know how to ship items, i.e. UPS Ground, Overnite etc. Please call me if you have any questions or concerns. Thank-You! Rick LeShane JWCE Product Support 504 $13,500.00 $6,048.00 $252.00 $19,800.00 Item# otes: --~-= Environmental® Customer: Miami Beach Contact Name: Martha Torres Phone: 305-673-7680 Fax: 786-394-4826 E-mail: Martha Torres@miamibeachfl.gov Description Model CDD5016-XDM2.5 New Cutter Cartridge 11 Tooth Cam Cutters 1:1 Stack 8620 STL Stainless Steel Coil Drums Buna Elastomer Seal Assemblies Cork and Rubber Gaskets 3 New Motors 3 New Reducers Painted Epoxy Green Reference Grinder SN:1 03728-1-1 Qty Attachment 3 Eastern Service Center 4485 Commerce Drive Suite 109 Buford GA 30518 Phone: 770-271-2106 800-331-8783 Fax: 770-925-9406 Quote Date: 7/5/2012 Terms: Net 30 Days Pricing: Valid 60 Days Freight Terms: FOB Buford GA Unit Price $134,844.00 Total Extended Price Delivery $134,844.00 4 to 6 Weeks ARO 1. Price does not include the Controller, Start up, Removal or Installation of the Equipment. 2. Freight is Included 3. JWCE's standard one year warranty is included. By: JWC Environmental, LLC Adam Barlow Phone: 1-800-331-8783 Fax: 770-925-9406 Email: adamb@jwce.com 505 I~«: Environmental® To Martha Torres Date 6/5/12 From: Adam Barlow Subject: Sole Source for Muffin Monster Parts Attachment 4 JWG -southeast 4485 Commerce Dr. Buford, GA 30518 Tel: 800-331-8783 Tel: 770-925-7376 Fax:77G-925-9406 JWC Environmental is the inventor and owner of the Muffin Monster, Channel Monster, Auger Monster, Screenings Washer Monster, Honey Monster and Monster Separation System. We hold numerous patents and trademarks on these products. JWC Environmental is the sole manufacturer of these products and the exclusive source for service parts for this equipment. Please feel free to contact me at 1-800-331-8783 or adamb@jwce.com if we can provide any additional information 506 The Monster Family is Growing www.jwce.com/headworks C7 -Resolutions C7Z A Resolution Approving In Substance The Terms Of A Profe.ssional Services Agreement With The International City County Management Association ("ICMA") For Review And Recommendations For Efficiencies For The Police And Fire Departments; Authorizing The City Manager And City Attorney's Office To Negotiate And Draft The Agreement Based Upon The Approved Terms ; And Authorizing The Mayor And City Clerk To Execute The Final Agreement In An Amount Not To Exceed $120,000. (Finance Department) (Memorandum & Resolution to be Submitted in Supplemental} 507 Agenda ltem_C__;.7__;Z-;.;,.__ Date 7-/f-/ :;l.. THIS PAGE INTENTIONALLY LEFT BLANK 508 RS ORDINANCES 509 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida Amending Chapter 118, Article II, "Boards," to clari ualifications and cate ories 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 ories 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. 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 City Commission approved the proposed ordinance on first reading; however, it was referred back to the LUDC between first and second reading to review the categories to make sure the requirements for each member category are clear. The LUDC reviewed the proposed ordinance at its June 13, 2012 meeting, amending the Historic Preservation Board section by making a lawyer position to be licensed in the United States, and adding the category of landscape architect to the list of architectural and design professionals in the Planning Board. The Board of Adjustment and membership categories reside in the City Code, Part 1 -Charter and Related Special Acts. Therefore, licensing requirement cannot be changed without a referendum vote that would change the Charter language. After further review by the LUDC at its June 13, 2012 meeting, the request was made that staff investigate the ability to amend the BOA by ordinance to clarify Financial Consultant for second reading. The Administration and City Attorney's office have reviewed the new language under the Board of Adjustment section of the ordinance which only states who could be a representative member in the field of financial consultation and believe that these are only clarifications of the position and not new member categories; and therefore, would not affect the City Charter. The Administration recommends that the City Commission adopt the proposed ordinance, as amended by the Land Use and Development Committee at its June 13, 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 ofthe 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 I I 2 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) ofthis proposed legislative action, and determined that there may not be a measurable impact on the City's budget by enacting the proposed ordinance. City Clerk's Office Legislative Tracking: Richard Lorber I Mercy Lamazares I MIAMI BEACH 511 AGENDA ITEM ~f('--5';-:::oA-__ DATe 1-lg .. 12..- ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of the City!J-;~sion Kathie G. Brooks, Interim City Manager/..A r ' July 18, 2012 DATE: SECOND READING PUBLIC HEARING SUBJECT: 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 The Administration recommends that the City Commission adopt the proposed ordinance, as amended by the Land Use and Development Committee at its June 13, 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 LUDC 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. The LUDC did not reach the item dealing with the clarification of the Land Use Board categories and continued this issue to the May meeting. 512 Commission Memorandum Board Member Qualifications July 18, 2012 Page 2of 5 • May 4. 2009: The LUDC 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 LUDC 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 LUDC 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 LUDC discussed the Planning Board proceedings and by a 3-0 vote decided to move the item to the full City Commission. • April 11. 2012: The City Commission approved the ordinance on first reading and requested that it be referred to the LUDC to ensure that the category requirements are clear. • June 13. 2012: The LUDC again reviewed the ordinance and proposed that a category of landscape architect be added to the Planning Board list and that the lawyer in the Historic Preservation Board be licensed in the United States. The LUDC also requested a change that clarifies the ability to amend the Board of Adjustment by ordinance to clarify Financial Consultant. 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 513 Commission Memorandum Board Member Qualifications July 18, 2012 Page 3 of 5 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 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. The City Commission approved the proposed ordinance on first reading; however, it was referred back to the LUDC between first and second reading to review the categories to make sure the requirements for each member category are clear. The LUDC reviewed the proposed ordinance at its June 13, 2012 meeting, amending the Historic Preservation Board section by making a lawyer position to be licensed in the United States, and adding the category of landscape architect to the list of architectural and design professionals in the Planning Board. 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. Initially the Administration was under the impression that because the licensing requirement is within the Charter, it could not be amended 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. After further review by the LUDC at its June 13, 2012 meeting, the request was made that staff investigate the ability to amend the BOA by ordinance to clarify Financial Consultant for second reading. The Administration and City Attorney's office have reviewed the new language under the Board of Adjustment section of the ordinance which only states who could be a representative member in the field of financial consultation and believe that these are only clarifications of the position and not new member categories; and therefore, would not affect the City Charter. 514 Commission Memorandum Board Member Qualifications July 18, 2012 PLANNING BOARD ACTION Page 4of 5 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. 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. At the April 11, 2012 meeting, the City Commission approved the ordinance on first reading and requested that it be referred to the LUDC to ensure that the category requirements are clear. The LUDC June 13, 2012 again reviewed the ordinance and proposed that a category of landscape architect be added to the Planning Board list and that the lawyer in the Historic Preservation Board be licensed in the United States. The LUDC also requested that staff clarifies the ability to amend the Board of Adjustment by ordinance to clarify Financial Consultant. CITY COMMISSION ACTION At the April 11, 2012 meeting the City Commission approved the ordinance on first reading and referred to the LUDC between first and second reading at the request of Commissioner Weithorn to review the categories to make sure that the category requirements are clear. The amendments requested by the LUDC have been incorporated into the proposed ordinance. 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. 515 Commission Memorandum Board Member Qualifications July 18, 2012 CONCLUSION Page 5of 5 The Administration recommends that the City Commission adopt the proposed ordinance, as amended by the Land Use and Development Committee at its June 13, 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. JMG/JGG/RGLIML T:\AGENDA\2012\7-18-12\LUB member qualifications memo 7-18-12.docx 516 "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 facility 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 517 architecture,; or a landscape architect; or a professional practicing in the fields of architectural or urban designer=, or professional urban planner=in.g,~ ii. one developer who has experience in developing real property; anG 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,~ anG 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 designer= or professional urban planner=in.g,~ 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 designer;-or professional urban planner=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. 2 of5 518 (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 planneFSin.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. 118·1 03. 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) A.o. registered architect registered in the state of Florida United States, .§ registered landscape architect registered in the state of Florida, .§ professional practicing in the field of architectural or urban designeF or professional urban planneF!o.o... 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 United States. or a.o. licensed engineer licensed in the state of Florida. each of the foregoing with 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. (b) All members of the board except the architect, engineer, landscape architect, professional practicing in the field of architectural or urban designeF or professional urban planneFin.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 3 of 5 519 appointments shall be made on the basis of civic pride, integrity, experience and interest in the field of historic preservation. Sec. 118-104. 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 financial consultation shall be a Certified Public Accountant, Chartered Financial Analyst. Certified Financial Planner. a Chartered Financial Consultant or investment advisor registered with the Securities and Exchange Commission. or someone recognized as having similar credentials and duly licensed by the State of Florida. 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. 4 of 5 520 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. MAYOR T:\AGENDA\2012\7-18-12\LUB member qualifications & cat ord rev. 7-18-2012.docx 5 of5 521 APPROVED AS TO FORM AND LANGUAGE FORE EC TION Date THIS PAGE INTENTIONALLY LEFT BLANK 522 COMMISSION ITEM SUMMARY 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 part 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 transportation. Issue: Shall the City Commission approve the proposed amendment to the City Code allowing advertisin on bic cle rental kiosks of the DecoBike Shared Bic cle Pro ram? The Administration recommends that the City Commission adopt the proposed ordinance upon second reading public hearing. 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: I N/A Financial Information: Source of Amount Funds: 1 $ OBPI Total $ Financial Impact Summary: City Clerk's Office Legislative Tracking_: Richard Lorber, Planning Department or Gary Held, Legal . S1 n-Offs: Department Director Assistant City Manager RL GH JGG T:\AGENDA\2012\7-18-12\Decobike Kiosk Advertising MIAMI BEACH 523 Account Approved KGB AGENDA ITEM ___.;..R_5"~B:;;...__ DATE 7--/9--/L (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM FROM: Mayor Matti Herrera Bower and Members of the City Commi,ion Kathie G. Brooks, Interim City Manager /~ '/- TO: DATE: July 18, 2012 Se nd Readin Public Hearin 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 adopt the proposed ordinance upon second reading public hearing. 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 could 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 524 City Commission Memorandum Bicycle Rental Kiosk Advertising July 18, 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. April19, 2012 Finance & Citywide Projects Committee At the April 19, 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. City Commission First Reading At the June 6, 2012 City Commission meeting, the Commission approved this proposed ordinance upon first reading, but with a referral back to the Finance and Citywide Projects Committee prior to second reading, to explore if there were any other funding options other than advertising to subsidize the program. June 28.2012 Finance & Citywide Projects Committee On June 28, 2012, the Finance and Citywide Projects Committee discussed the matter further, and concluded that there were no other viable funding mechanisms to subsidize the bike sharing program, and recommended that the Commission adopt the proposed ordinance. 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 525 City Commission Memorandum Bicycle Rental Kiosk Advertising July 18, 2012 Page3 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. In order to provide sufficient revenue to sustain the DecoBike 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 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 201 0, 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 526 City Commission Memorandum Bicycle Rental Kiosk Advertising July 18, 2012 the City code must be amended as follows: Page4 Section 82-414 -Permitted signs. shelters and advertising in oublic 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 bicycle& rental kiosks shall be subject to all applicable permitting requirements and design reviews as provided for in the Land Development Regulations. 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 $306,000 in advertising revenue could accrue to the City over the course of the initial five (5) years of the ten year amended contract. CONCLUSION The Administration recommends that the City Commission approve the proposed ordinance upon second reading public hearing. T:\AGENDA\2012\7-18-12\Decobike Kiosk Advertising July 2012 memo.docx 527 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 "PERMITIED 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 2 528 SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this __ day of----' 2012. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECU ION First Reading: Second Reading: Verified by: ________ _ rney ill- 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 529 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. Deco Bike 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.) 1 530 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. 2 531 Advertising Exempt merchant fees along with sales tax from the City share calculation. In Year 2 of the revised term, 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. 3 532 REVISED DECO BIKE PRO-FORMA OptionJ 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 ~~"""""',..·"""'"·'<··-~ .. ~~,. .. -. ~-·""-~--------~~--~~---•. ,... .• .,.~. ---·· ·-··---··· ~---, ~-·-··-··---~~---_ .. , _______ .,. __ , ________ ~---------~--,-----·-------------•. --" ----~-----------· .. --· ·--. ---·---· ... 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 115,523 119,566 123,751 128,082 132,565 137,205 142,007 146,977 152,122 157,446 1,355,244 CJ'I FLSalesTax 165,932 205,319 212,315 219,551 227,034 234,773 242,777 251,054 259,614 268,468 w City Revenue Share 162,989 203,641 '244,657 286,049 327,831 372,518 388,268 404,556 421,401 2,882,589 w 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:"i' 348,820 ' -... ' 514,463 5o4;556 495,779 487,871 480,973 472,624 494,725 517,860 542,075 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 3,314,694L. 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! 534 City of Miami Beach Transportation & Parking Committee Monday, September 12, 2011 Minutes APPROVED: OCT ~0, 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 (TBMJ 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 shut down 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. 535 Trucks: Averaging One (1) truck every ten (10) minutes. Drilling will last 16 months. v.· Byron-Carlyle Parking for Employees & Valet (27:34) APPROVED: OCT 3R0 , 2011 -TPC M. Wei thorn 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). 2 536 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.J. 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. 3 537 City of Miami Beach Mayor's Blue Ribbon Bikeways Committee Wednesday, September 21, 2011 ATTENDEES Members: City of Miami Beach Stafi: Guests: Fred Sake, Chair Harvey Bernstein J ae Manzella Gabrielle Redfern Darlene Fernandez, Transportation Coordinator Xavier Falconi, Plruming & Zoning Department Officer Javier Castillo, Police Depru"tment Ken Burskey, Bike Blogger Sru1hita Lahiri, Atkins Eng. ISSUES UPDATES ... ALTON RD., FROM SST. TO MICHIGAN AV. BEACHWALK II DECOBIKE RENTAL PROGRAM CIP LIST Meeting Commenced at 2:05pm DISCUSSIONS GR: Reminded the group of recent MB Commission meeting controversy regarding inclusion of bike lanes. A couple of Conunissioners 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 FDOT 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 runotmt ofpru-king 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 lru1es towards the east and placing a two-directional bike path on the western side would please everyone. She suggested this to the FDOT District Secretary. JM: Besides being an engineering nightmare, that design is unconventional in the USA. There ru-e far too mru1y intersections (and driveways) to place a path along this corridor. It wouldn't be prudent to fight against a good design which the FDOT 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 Commission for more advertizing rights. JM: Questioned whether there is a tlu-eat 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 necessru·y. XF: This issue should be resolved by the end of the yeru-. 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 shru-rows. This includes the proposed multi-use path along 28 111 St., adjacent to the Pru-3 golf course. It would not be compatible with the golf course. JM: Protested that the golf comse 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 lru1es. 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. Sharrows serve the srune purpose in this circumstance. Alas, most of the group wants bike lanes everywhere. GR: Bike lanes provide large benefits; they are safer, pt;omoi:e 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 538 )< NE THURSDAY, JULY 5, 2012 I 13NE .,...h -~~----·~-~···-·-·-· ••• "MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that second readings and public hearings will be· held by the Mayor and City Commission · · of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor. City Hall, 1700 ConventionCenter Drive, Miami Beach, Florida, on WEDNESDAY, July 18, 2012 to consider the following: 10:30a.m. Bicycle Rental Kiosk Advertisil"\g . • Ordinance Amending The Code OfThe City Of Miami Beach, Sy Amending Chapter 82, "Pul;llic 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. Inquiries may be directed to ·the Planning Department at (305) 673-7550. 10:40-a.m. :ordinance Amending Chapter 10 Of The Miami Beach City Coqe Entitled "Animals," By Amending Section 10-11, Entitled "Running At Large Prohibited," By Eixtendin·g The Pilot Program ,Off-Leash Area For Dogs In South Pointe Park Through And Including De9ember 31, 2012. . . Inquiries may be· directed to the Parks and Recreation Department at (304) 673-7730. INTERESTED PARTIES E!f"e invitedto.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 Driv.e, 1st Floor, ·City .Hali, Miami Beach, Florida 33139. Copies of these ordinances are available for pllblic inspection during normal business hours in the City Clerk's Office, 1700 Convention·Center Drive, 1st Floor, City Hall, Miami Beach, Floriaa 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 Pursuantto 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 re~ord 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 oth~rwise inadmissible or irrelevant evidence, nor does it alfthorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, si.gn ··language interpreters, information qn access for persons With disabilities, .and/or any accommodation to review any document or participate in any cjty-sponsored·proceeding, please contact (305) 604-2489 (voice), (305) 673~7218 (ITY) ·five days in advance to initiate your re.quest. TTY users may also call 711 (Florida Relay Ser:vice). AD #708 539 '• THIS PAGE INTENTIONALLY LEFT BLANK 540 COMMISSION ITEM SUMMARY Condensed Title: 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 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 Summa /Recommendation: SECOND READING -PUBLIC HEARING 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 9:00a.m. (Man-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. • June 6, 2012. the City Commission approved this ordinance on first reading extending dog off leash pilot program in South Pointe Park through and until December 31, 2012. The Administration recommended the second readin and public hearin be held and the extension be a roved. 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 Funds: 1 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Si n-Offs: Department Director KS T:\AGENDA\2012\7-18-12\Animal Ordinance A MIAMI BEACH Account City Manager KGB ilot Program Extension 2 rdg Summary.doq 541 Agenda Item R~ '-- Date 7-!K'-/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 ;it~/ission Kathie G. Brooks, Interim City Manager pi.~ · July 18, 2012 SECOND READING PUBLIC HEARING 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 pilot program in South Pointe Park is presented for second reading and public hearing following a discussion and recommendation of the issue at the Neighborhoods/Community Affairs Committee (NCAC) at the May 22, 2012 meeting and approval on first reading by the Mayor and City Commission at its June 6, 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. BACKGROUND There are presently 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). 542 Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited Second Reading/Public Hearing July 18, 2012 City Commission Meeting Page2of3 As South Pointe Park neared completion, a Commission 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. On June 10, 2010 the initial Off-Leash Pilot Program in South Pointe Park began. 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). On 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 5:00P.M. To 7:00P.M., Monday through Friday. ANALYSIS At the December 14, 2011 Commission meeting the Administration prepared and presented on first reading an Ordinance Amendment to Chapter 1 0 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 543 Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited Second Reading/Public Hearing July 18, 2012 City Commission Meeting Page 3of3 area within South Pointe Park and on March 21, 2012, the City Commission directed the City Manager to appeal the ORB Order. At the April11, 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 ORB Order to the June 6, 2012 Commission meeting. This motion was approved 6-1. At the June 6, 2012 Commission meeting a commission agenda item was presented to the Mayor and City Commission seeking direction/action that would grant or deny the Design Review Board's decision denying the request of the City Administration for a proposed hedge for the off-leash dog area within South Pointe Park. The resolution was discussed and the appeal was denied in a 3-4 vote (a 5/7 vote was required for approval). Additionally, on June 6, 2012, the City Commission approved this ordinance on first reading extending dog off leash pilot program in South Pointe Park through and until December 31, 2012. REQUEST FOR FURTHER DIRECTION As stated, if approved on second reading, the South Pointe Park Off-leash Pilot Program will extend through and including December 31, 2012, unless further legislative action is taken. If an action past December 31, 2012 is to be taken an ordinance amendment would need to be submitted for Commission consideration on November 14, 2012, and for second reading on December 12, 2012. Therefore, the Administration requests that direction be provided concerning the next steps related to continuation of the off-leash area pilot program in South Pointe Park. CONCLUSION 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. 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. On June 6, 2012, the City Commission approved this ordinance on first reading extending dog off leash pilot program in South Pointe Park through and until December 31, 2012. It is presented for second reading and public hearing. This amendment is necessary to continue the off-leash program in South Pointe Park, as the current pilot program was scheduled to expire on July 15, 2012. KGB/MAS/KS T:\AGENDA\2012\7-18-12\Animal Ordinance Amendment Off Leash Pilot Program Extension 2nd Reading -Public hearing MEMO -R.doc 544 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 5:00 P.M. to 7:00 P.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 * * * 545 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 2 546 APPROVED AS TO FORM & LANGUAGE & FO ECUTION NE THURSDAY. JULY 5, 2012 I 13NE .MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that second readings and public hearings will be· held by the Mayor and City Commission · · of the City of Miami Beach, Florida, in the Commis.sion Chambers, 3rdfloor. CityHaii,1700ConventionCenter Drive, Miami Beach, Florida, on WEDNESDAY, July 18, 2012 to consider the following: 10:30a.m. Bicycle Rental Kiosk Advertising . • Ordinance Amending The Code OfThe 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. Inquiries may be directed to ·the Planning Department at (305) 673-7550. ~0:40a.m. 'Ordinance Amending Chapter 10 Of The Miami Beach City Cocle 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 Depember 31, 2012. Inquiries may be. directed to the Parks and Recreation Department at (304) 673-7730. · INTERESTED PARTIES eve invitedto 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 Hali, Miami Beach, Florida 33139. Copies of these ordinances are available for pllblic inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, Oity Hall, 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 2ff6.0105, Fla. Stat.., the CiJ;y hereby advises the public that: if a person decides to appeal any decision made by the· CitY Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, Which record includes the testimony and evidence upon Which the appeal is to be based. This notice does not constitute consent by the CitY for the introduction or admission of oth~rwise inadmissible or irrelevant evidence, nor does it al:rthorize challenges or appeals not otherwise allowed by law. To request this material in accessibl.e forrnat, sign · ·tanguage interpreters. information qn access for persons with disabilities; and/or any accommodation to revieW any documentor participate in any CitY-sponsored proceeding. plea""Se contact (305) 604-2489 (voice), (305) 67.30::721 a (lT'f) five day~ In advance lo initiate your request, TTY users may also calf 711 (Florida Relay Service). AD#708 547 THIS PAGE INTENTIONALLY LEFT BLANK 548 COMMISSION ITEM SUMMARY Condensed Title: A Ordinance amending Chapter 82 -Section 504 of the Miami Beach City Code entitled "Monuments or Memorials," as recommended by the members of the Neighborhoods/Community Affairs Committee (NCAC) of December 8, 2011, and approved by the City Commission on first reading at the March 21, 2012 meeting where it was also referred back to the NCAC between first and second reading for further discussion at the Committee's March 27, 2012 meeting. The recommendations of the NCAC have been incorporated accordingly. Key Intended Outcome Supported: Increase Community Satisfaction With City Government Supporting Data {Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 75% of residents and 68% of businesses rated Miami Beach city government as excellent or good in meeting their needs and expectations. Issue: Should the City Commission accept the recommendations of the Neighborhoods/Community Affairs Committee to streamline the rocess for handlin monuments/memorials as recommended? Item Summary/Recommendation: SECOND READING PUBLIC HEARING -At the January 11, 2011, the Neighborhoods/Community Affairs Committee (NCAC) the members expressed concern about the increased number of requests for memorial plaques and asked that additional guidelines be developed for authorizing future requests. At the conclusion of the discussion the Committee approved a moratorium on naming requests until draft guidelines were developed and returned to the committee for review and approval. There have been a number of discussions and Commission actions related to the establishment of guidelines for monuments and memorials since the initial discussion. These include; • December 8, 2011 -NCAC discussion/recommendations to further manage the monuments and memorials- process. These recommendations were accepted by the City Commission on February 8, 2012. • March 21, 2012-An ordinance amendment was presented and adopted on first reading, but was referred back to the NCAC for further discussion (between first and second reading of the Ordinance.). • March 27, 2012-The NCAC discussed the proposed Ordinance and recommended that it be brought back to the full Commission for second and final reading, with the following modifications: a) that proposals for the establishment of a monument or memorial may only be proposed by (or through) a member of the City Commission; and b) that the additional condition, requiring that the "requesting party" for the establishment of a monument or memorial be responsible for all costs associated with the design, fabrication, installation, and on-going maintenance of the proposed monument and memorial, be deleted. • May 9, 2012 -the item was discussed and a motion was made to open and continue the item, referred it back to NCAC with the same scope and bring it back to the July 18, 2012 Commission meeting. Due to the cancellation of the June 26, 2012 NCAC meeting, and the next scheduled NCAC meeting is not until July 30, 2012, the Administration recommends that the City Commission open and continue the second reading public hearing of the proposed Ordinance Amendment to the September 12, 2012 meeting. Adviso Board Recommendation: Financial Information: Source of Amount Funds: 1 OBPI Total Financial Impact Summary: N/A Ci Clerk's Office Le islative Trackin : Kevin Smith, Director of Parks and Recreation Si n-Offs: Department Director KS MIAMI BEACH Account City Manager KGB n or Memorials Ordinance Amendment 2nd rdg & Public Hearing 7-18-12.doc 549 AGENDA ITEM __._,R'"'""'~;;_Q=:-­ DATE 7-/f-/'2- (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager ~ AA. July 18, 2012 SECOND READIN~BLIC HEARING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82-504, ENTITLED "MONUMENTS OR MEMORIALS," BY ADDING CRITERIA TO PROVIDE THAT: A) ONLY THE MAYOR OR A MEMBER OF THE CITY COMMISSION MAY PROPOSE THE ESTABLISHMENT OF A MONUMENT OR MEMORIAL; B) THE MAYOR AND CITY COMMISSIONERS SHALL EACH BE LIMITED TO PROPOSING THE ESTABLISHMENT OF ONE MONUMENT OR MEMORIAL PER TERM OF ELECTED OFFICE; C) ANY PERSON TO BE RECOGNIZED BY THE ESTABLISHMENT OF A MONUMENT OR MEMORIAL MUST BE IN GOOD STANDING IN THE COMMUNITY AND IF, AFTER THE HONOR IS BESTOWED, THE PERSON IS CONVICTED OR ADJUDICATED GUILTY OF A FELONY, THE NAME OF THE PERSON SHALL BE REMOVED FROM SUCH MONUMENT OR MEMORIAL OR THE MONUMENT OR MEMORIAL ITSELF MAY BE REMOVED, WITHOUT ANY RESULTING LIABILITY TO THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Due to the cancellation of the June 26, 2012 Neighborhood/Community Affairs Committee meeting and the next scheduled NCAC meeting is not until July 30, 2012, the Administration recommends that the City Commission open and continue the second reading public hearing of the proposed Ordinance Amendment to the September 12, 2012 meeting. KEY INTENDED OUTCOME SUPPORTED Increase Community Satisfaction With City Government BACKGROUND At the January 11, 2011, the Neighborhood/Community Affairs Committee held a discussion concerning the approval of a memorial in honor of a Miami Beach resident to be located on Lincoln Road. 550 ,, Ordinance Amendment To Chapter 82-Article VI-Naming Of Public Facilities and Naming of Monuments and Memorials- Second Reading I Public Hearing July 18, 2012 City Commission Meeting While discussing the memorial issue the members also expressed concern as to the increase of requests for memorial plaques over the past several months and felt the current process would be well served to have additional procedures developed to serve as guidelines in authorizing future requests for memorial plaques. At the conclusion of the discussion the Neighborhood/Community Affairs Committee, as a part of the motion approving the memorial under discussion, approved a moratorium on naming requests until draft guidelines to limit these requests were developed by the Administration and returned to the Committee for its review, discussion, and if approved referred to the full Commission for action. ANALYSIS Based on the discussion held at the January 11, 2011 Neighborhood/Community Affairs Committee, relevant information from our City Code and the review of other communities' standards, the Administration referred for discussion on March 11, 2011 to the Neighborhood/ Community Affairs Committee "Potential Policies for the Nomination/Number of Monument or Memorial Plaques." The item was heard at the Committee's December 8, 2011 meeting. At the conclusion of the extended discussion, which included both the Committee members and resident input, the following action was taken. ACTION: The Committee (Commissioners Libbin, Weithorn, and Gongora present) recommended the following to the Commission: With a vote of two to one, with Commissioner Gongora dissenting: • Limit the Mayor and each Commissioner to one (1) monumenUmemorial recommendation per term of elected office. • In the event the request comes from a third party, then the cost and maintenance is the requestor's responsibility. • Add language to allow for the financial responsibility of the third-party requestor to be waived with a 617 vote of the City Commission. With a unanimous vote: • Include recommended wording that the individual be in good standing and if convicted/adjudicated of a felony, their name shall be removed. • Administration to add whatever language is necessary for administrative cleanup. • Streamline the process for handling monuments/memorials as recommended. o Recommendations for monuments or memorials are referred by the sponsoring commissioner to the appropriate Commission committee. o If the committee approves (with the required majority) the placement of a memorial plaque, that recommendation is forwarded to the full City Commission to set a public hearing. o If the committee approves a monument or a memorial that is not a plaque (e.g. a site, bust, sculpture, structure, art work), the recommendation is forwarded to the Art in Public Places Committee (AiPP) for their review and recommendation as to location, aesthetic quality, maintenance, and other related issues (in accordance with their criteria); the AiPP recommendation is subsequently forwarded to the full City Commission to set a public hearing. 551 Ordinance Amendment To Chapter 82-Article VI-Naming Of Public Facilities and Naming of Monuments and Memorials- Second Reading I Public Hearing July 18, 2012 City Commission Meeting o At the close of the public hearing, the City Commission may approve (or disapprove of) the establishment of the monument or memorial, subject to consistency with the criteria established in the Code. • Monuments/memorials must comply with all established City Policies, procedures, standards and guidelines. The above action was subsequently presented to the City Commission at the February 8, 2012, meeting in agenda item C6A -1) Report Of The Neighborhood/Community Affairs Committee Meeting On December 8, 2011. As directed, the Administration prepared the proposed ordinance amendment to the City of Miami Beach Code, Chapter 82, entitled "Public Property" by amending Article VI entitled "Naming Of Public Facilities and Establishment of Monuments or Memorials" by amending Section 82-504 entitled "Monuments or Memorials" as recommended by the Neighborhood/Community Affairs Committee at the December 8, 2011 meeting and presented it on first reading to the Mayor and City Commission at the March 21, 2012 meeting. At that time the City Commission adopted the Ordinance on first reading, but referred it back to the Neighborhoods/Community Affairs Committee for further discussion (between first and second reading of the Ordinance.) The Neighborhood/Community Affairs Committee discussed the proposed Ordinance at its meeting on March 27, 2012, and recommended that it be brought back to the City Commission for second and final reading, with the following modifications: a) that proposals for the establishment of a monument or memorial may only be proposed by (or through) a member of the City Commission; b) that the additional condition, requiring that the "requesting party" for the establishment of a monument or memorial be responsible for all costs associated with the design, fabrication, installation, and on-going maintenance of the proposed monument and memorial, be deleted. Accordingly, the Administration has incorporated the Committee's recommended changes, as set forth in the above recommendation, for consideration on adoption of the Ordinance on second and final reading. At the May 9, 2012 City Commission meeting the title of the ordinance was read into the record and the public hearing was held. Following the public hearing and City Commission discussion a motion was made by Vice-Mayor Libbin to open and continue the item and refer to the Neighborhood/Community Affairs Committee keeping the scope the same and to bring back to Commission at the July 18, 2012 meeting. CONCLUSION Due to the cancellation of the June 26, 2012 NCAC meeting and the next scheduled NCAC meeting is not until July 30, 2012, the Administration recommends that the City Commission open and continue the second reading public hearing of the proposed Ordinance Amendment to the September 12, 2012 meeting. KGB/MAS/KS T:\AGENDA\2012\7-18-12\Com_. Memo -Monuments or Memorials Ordinance Amendment 2nd rdg-Public Hearing 7-18-12.doc 552 ORDINANCE NO.----- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82-504, ENTITLED "MONUMENTS OR MEMORIALS," BY ADDING CRITERIA TO PROVIDE THAT: A) ONLY THE MAYOR OR A MEMBER OF THE CITY COMMISSION MAY PROPOSE THE ESTABLISHMENT OF A MONUMENT OR MEMORIAL; B) THE MAYOR AND CITY COMMISSIONERS SHALL EACH BE LIMITED TO PROPOSING THE ESTABLISHMENT OF ONE MONUMENT OR MEMORIAL PER TERM OF ELECTED OFFICE; C) ANY PERSON TO BE RECOGNIZED BY THE ESTABLISHMENT OF A MONUMENT OR MEMORIAL MUST BE IN GOOD STANDING IN THE COMMUNITY AND IF, AFTER THE HONOR IS BESTOWED, THE PERSON IS CONVICTED OR ADJUDICATED GUILTY OF A FELONY, THE NAME OF THE PERSON SHALL BE REMOVED FROM SUCH MONUMENT OR MEMORIAL OR THE MONUMENT OR MEMORIAL ITSELF MAY BE REMOVED, WITHOUT ANY RESULTING LIABILITY TO THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, at its January 11, 2011 meeting, the Neighborhoods/Community Affairs Committee (the Committee) held a discussion concerning the approval of a memorial in honor of a Miami Beach resident, to be located on Lincoln Road; and WHEREAS, while discussing the aforestated issue, the members expressed concern as to the increase in requests for establishment of monuments and memorials, and that the current process would be well served by having additional procedures developed to serve as guidelines in authorizing future requests for the establishment of monuments and memorials; and WHEREAS, as a part of its motion approving the memorial for the Miami Beach resident, the Committee also recommended establishing a moratorium on future requests (for the establishment of monuments and memorial), until guidelines to limit these requests could be developed by the Administration and returned to the Committee for review and, if approved, referred to the full City Commission for action; and WHEREAS, as directed, the Administration prepared a subsequent referral to the Committee of proposed guidelines for the establishment of monuments or memorials; this issue was discussed at the December 8, 2011, Committee meeting; and WHEREAS, at the conclusion of the discussion, which included input from both the Committee members and residents present, the Committee recommended the following: a) that the Mayor and each City Commissioner be limited to proposing the establishment of one ( 1) monument or memorial per term of elected office; b) in the event of a request for the establishment of a monument or memorial by a 553 third party(ies), that the cost and maintenance for the monument or memorial (if approved) be the requesting party's(ies') responsibility; c) allowing for waiver of the requesting party's(ies') obligations in subsection (b) above, by 6/7ths vote of the City Commission, following a duly noticed public hearing; d) that individuals being honored with the establishment of a monument or memorial be in good standing in the community at the time of approval and, if subsequently convicted or adjudicated of a felony, that such individual's name, or the monument or memorial itself, be removed; and WHEREAS, the aforestated Committee recommendations were subsequently presented to the City Commission at its March 21, 2012, Meeting, as an ordinance amending the City's Naming Ordinance (said amendment hereinafter referred to as the "Ordinance"); and WHEREAS, the City Commission adopted the Ordinance on first reading, but referred it back to the Neighborhoods/Community Affairs Committee for further discussion (between first and second reading of the Ordinance); and WHEREAS, the Committee discussed the proposed Ordinance at its meeting on March 27, 2012, and recommended that it be brought back to the City Commission for second and final reading, with the following modifications: a) that proposals for the establishment of a monument or memorial may only be proposed by (or through) a member of the City Commission; b) that the additional condition, requiring that the "requesting party" for the establishment of a monument or memorial be responsible for all costs associated with the design, fabrication, installation, and on-going maintenance of the proposed monument and memorial, be deleted; and WHEREAS, accordingly, the Administration has incorporated the Committee's recommended changes, as set forth below, for consideration on adoption of the Ordinance on second and final reading. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Chapter 82, Article VI, Section 82-504 of the Miami Beach City Code is hereby amended as follows: Sec. 82-504. Monuments or memorials. (a) Whenever there is a proposal to establish a monument or memorial on public property in the city, it shall first be considered and reviewed by the committee according to the following procedures: (1) Any person, organization, association, corporation, or other entity, including a member of the city commission, or the administration of the city, Only the mayor or a member of the city commission may propose the establishment of a monument or memorial ... at any time by Such proposal shall be submitted (by the 554 mayor or individual city commissioner sponsoring the subject proposal)ffi§-a proposal in writing to the city manager. who shall place the proposal on a city commission meeting agenda within a reasonable time after receiving same. The proposal shall be placed as a request for referral to the committee; which request for referral shall first be approved by the city commission. @ The establishment of a monument or memorial shall also be subject to the following requirements: §} The mayor and each city commissioner shall be limited to proposing the establishment of one (1) monument or memorial per their respective term of elected office. Q}. Any person to be recognized by the establishment of a monument or memorial must be in good standing in the community at the time of final approval of same by the city commission and if. after the establishment of such monument or memoriaL the person is subsequently convicted or adjudicated guilty of a felony, the name of the person shall be removed from said monument or memorial or. at the city commission's sole option and discretion. the monument or memorial itself may be removed. In either case. neither the city, nor any of its officers. employees. contractors. or agents. shall have any liability to the person recognized by the monument or memorial (including, without limitation. if such person is deceased. his/her heirs. relatives. successors. or assigns). and/or any other party(ies), for any costs or claims resulting from such action and including, without limitation. reimbursement of any costs incurred for design, fabrication. installation. and/or maintenance of the monument or memorial. (2) Provided the referral to the committee (of the proposal to establish the monument or memorial) is approved by the city commission pursuant to subsection (a)(1) hereof then. Wwithin a reasonable time after receipt of the proposal, the committee shall meet to consider and review same. Notioe of the meeting shall be gi}Jen to all persons and/or entities who have proposed the establishment of the monument or memorial. (3) After reviewing the proposal for the establishment of a monument or memorial +n aooordanoe with its established seleGtion oriteria, the committee may recommend. by majority vote. approval of the proposal, in which case such proposal shall be transmitted. with the committee's recommendation. as follows: the oommittee shall transmit a written reoommendation to the oity oommission regarding same . .(§} If the committee recommends approval of a monument or memorial that only requires the placement of a commemorative plaque. the proposal and the committee's recommendation shall be transmitted directly to the city commission. 555 (b) If the committee recommends approval of a monument or memorial that requires the design, fabrication. installation. and maintenance of a monument or memorial other than a plaque (including without limitation. a site. bust, sculpture. structure. or art work), then the proposal and the committee's recommendation shall first be transmitted to the Art in Public Places Committee (AiPP). for its review as to location. aesthetic quality. maintenance. and other related issues. The AIPP's recommendation. which shall only be advisory, shall be transmitted to the city commission, along with the committee's recommendation. prior to its consideration for final approval for establishment of the proposed monument or memorial. (4) The city commission may only consider a proposal to establish a monument or memorial that has been ill recommended for approval by a majority of the members of the committee; and. if required under subsection (3)(b) hereof. (ii) reviewed by the AiPP in accordance with the criteria established in subsection (5)(b) hereof; and further (iii) that includes a written analysis by the city administration. which shall be transmitted to the city commission as part of the commission agenda item for consideration of final approval. of the estimated costs for the design, fabrication. installation. and ongoing maintenance of the proposed monument or memorial. (~) 'JVithin a reasonable time after receiving the recommendation for the establishment of a monument or memorial from the committee,the city commission shall call a public hearing. (e§) The city commission shall hold a public hearing to hear public comment, prior to final approval for the establishment of a proposed monument or memorial. Notice of the public hearing regarding the establishment of the monument or memorial shall be published at least ten (10) days prior to the hearing in a newspaper of general circulation in the city. (7§.) At the close of the public hearing, the city comm1ss1on may approve the establishment of the monument or memorial ... In approving the establishment, the commission shall be governed by its established selection criteria. Additionally, aAny proposal to establish a monument or memorial must be approved by a 5/7ths vote of the city commission.;-... (81 Upon approval of the establishment of the monument or memorial, the city commission shall forward the proposal to the art in public places committee. The art in public places committee ¥.'ill then make its recommendation to the city commission regarding the location, aesthetic quality, maintenance, and other related issues, in accordance with the its established criteria. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are herby repealed. 556 SECTION 3. SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the day of-------' 2012. PASSED and ADOPTED this day of ______ , 2012. ATTEST: MATTI HERRERA BOWER, MAYOR RAFAEL E. GRANADO, CITY CLERK Underline denotes additions and strike through denotes deletions APPROVED AS TO FORM & LANGUAGE & FOtl. EXECUTION F:\ATTO\AGUR\RESOS-ORD\Monuments Memorials Ordinance-Amendment (Final4-3-12).doc T:\AGENDA\2012\5-9-12\Monuments Memorials Ordinance-Amendment (Final4-3-12).doc 557 THIS PAGE INTENTIONALLY LEFT BLANK 558 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending Chapter 12, Article II of the Code of the City, by amending Section 12-5, "Special Events Permits," by amending the rocedures; and further amendin Section 12-5 9 , entitled "Enforcement,"; rovidin for codification, re ealer, severabilit and an effective date. Key Intended Outcome Supported: Increase community ratings of cultural activities. Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey reported more than two-thirds of all resident respondents surveyed, 69.6%, reported the City is doing either a "very good" (17.5%) or "good" (52.1 %) job handling events that attract large crowds to the City. Issue: I Shall the City Commission amend Chapter 12, Article II of the City Code? Item Summary/Recommendation: OPEN AND CONTINUE The Administration has been drafting amendments to the Special Event Guidelines and Ordinance since late 2010. The City Commission referred the subject for further discussion to the Neighborhoods and Community Affairs Committee (NCAC) at its December 8, 2010 meeting. The NCAC met on February 3, 2011, and recommended additional changes to both the Ordinance and guidelines. Subsequently, concerns were raised with issues that occurred during the Funkshion Fashion event in March 2011. The NCAC discussed these concerns at their June 3, 2011 meeting. The NCAC requested a review of the security deposit requirements as they felt they were too low for events of this nature. Since that time, the Tourism and Cultural Development Department researched special event programs in other major cities such as New York, Chicago and Los Angeles, and drafted additional amendments to both the Ordinance and guidelines. These changes have been presented to the Production Industry Council and reviewed by an invited group of event producers representing a cross section of events that take place in Miami Beach. The Neighborhoods and Community Affairs Committee reviewed the most recent draft of amendments to the Special Event Ordinance and Guidelines at their January 30, 2012 meeting. The Committee unanimously moved to take these amendments to the City Commission after being vetted at a public meeting. The proposed amendments were subsequently presented to the Community on February 10, 2012 and March 8, 2012. Public comment was very minor and primarily focused on the neighborhood review requirements and the booking policy. All comments have been incorporated into the proposed amendments. The City Code currently requires applicants to present their special event plans to the neighborhood association corresponding to the geographic area of the event. However, The Tourism and Cultural Development Department has subsequently instituted a recurring monthly special event community review meeting where all members of the public are invited to participate. This meeting has become a reliable forum for the community to receive the required information from applicants and for the City to receive feedback from the community. Therefore, the Administration has drafted an amendment to this section of the Code that requires participation in the monthly special event community review meeting and may also require review by the corresponding neighborhood association. Additionally, the City has been reviewing the City Code to standardize and streamline enforcement provisions. The Special Event Ordinance is another section that would be more appropriately addressed through a set fine schedule. A violator can elect to pay the fine as outlined in the established fine schedule, or request an administrative hearing before the Special Master to appeal the decision of the Code Compliance Officer which resulted in the violation being issued and still ensures that the violator is still afforded due process. This change is also reflected in the attached amendment. The subject was referred to the Neighborhood and Community Affairs Committee at the May 9, 2012 City Commission meeting. This item is scheduled for the July 30, 2012 NCAC meeting. Therefore, the Administration recommends the Mayor and City Commission Open and Continue the item. Advisory Board Recommendation: The Neighborhoods and Community Affairs Committee reviewed the most recent draft of amendments to the Special Event Ordinance and Guidelines at their January 30, 2012 meeting, and unanimously moved to take these amendments to the City Commission after they are vetted at a public meeting. Financial Information: Source of Funds: Amount 1 Total Financial Impact Summary: N/A islative Trackin MIAMI BEACH Account 559 Approved AGENDA ITEM ____.;.R...:...s_--::E,--:- oATE J-/ "ff-1 L. G MIAMI BEACH TO: FROM: DATE: City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM Honorable Mayor Matti H. Bower and Members of the ity Commission Kathie G. Brooks, Interim City Manage~ ~ )__ . July 18, 2012 lj OPEN AND CONTINUE SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE MIAMI BEACH CITY CODE, ENTITLED "ARTS, CULTURE AND ENTERTAINMENT," BY AMENDING ARTICLE II THEREOF, ENTITLED "SPECIAL EVENTS," BY AMENDING SECTION 12-5, "SPECIAL EVENTS PERMITS" TO PROVIDE CLARIFICATION TO SPECIAL EVENT APPLICANTS UNDER PROVISION (5); BY PROVIDING ENFORCEMENT AND PENAL TIES FOR THE VIOLATION OF SECTION 12-5 AS SET FORTH IN PROVISION (9); AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The subject was referred to the Neighborhood and Community Affairs Committee at the May 9, 2012 City Commission meeting. This item is scheduled for the July 30,2012 NCAC meeting. Therefore, the Administration recommends the Mayor and City Commission Open and Continue the item. BACKGROUND The City of Miami Beach has become the location of choice for a number of activities and special events in South Florida. The Tourism and Cultural Development (TCD) Department coordinates the permitting of special events, including review by the appropriate neighborhood association, in an effort to complement the ambience and aesthetics of the area in which the events are presented. TCD supports events on public property and other properties where the proposed event requires a Special Event Permit, and is responsible for assisting producers with special events guidelines and permit requirements and the issuance of Special Events Permits. In addition, TCD staff serves as liaison between local and regional associations and agencies in addressing the delivery of city services, and assists neighborhood associations with maintenance of events criteria. A City of Miami Beach Permit is required for special events, which are defined as a temporary use on public or private property that would not be permitted generally or without restriction throughout a particular zoning district, but would be permitted if controlled with special review. Applications are processed on a "first come, first served" basis unless otherwise provided for under the booking policy. Applicants must provide 60 days notice for public use and 30 days notice for private use. The special event process is a review and approval process in which all aspects of an event are coordinated through internal, neighborhood and permitting reviews. In 1988, the City Commission approved a set of requirements for any applicant who wishes to hold a special event in the City of Miami Beach. The Special Events Requirements and Guidelines ("Special Event Guidelines") were designed to help guide applicants through the process of applying for a Special Events Permit, while ensuring minimal disruption to the impacted, surrounding environment. In 1995, via Resolution No. 95-21684, several revisions to the guidelines were adopted, but the procedures set forth did not adequately address a variety of issues associated with the production of special events. In 1998, via Resolution No. 98-23003, the guidelines were amended to incorporate direction received from neighborhood associations, property owners and citizen groups. Subsequently, in 2001, Ordinance No. 2001-3302 and the corresponding Resolution No. 2001-24341 were adopted by the City Commission, which codified the Special Event permit process and adopted separate 560 Page 2of6 July 18, 2012 City Commission Meeting Special Events Ordinance Amendment guidelines with procedures, requirements and criteria for the issuance of permits for special events in Miami Beach. In July 2005, additional amendments were made to the City Code and to the Special Events Guidelines relating to the definition of a special event, consecutive day clause, permit application deadlines, neighborhood review and fines associated with the special event permit. In 2008, via Resolution 2008-26908, additional amendments to the Special Event Guidelines were made pursuant to direction from the Finance and Citywide Projects Committee. To generating additional revenue for the City, a permit process for promotional hand-to-hand giveaways, which were unregulated by the City and took place regularly throughout the City without a permit, was created. These giveaways range from food (e.g. yogurt, protein bars, chips, etc.}, to drinks (e.g. sodas, energy drinks, etc.}, to products (e.g. sunscreen, chapstick, t-shirts, CO's, etc.). The Amendment to the Special Event Requirements and Guidelines was approved on September 17, 2008 by the City Commission and became effective October 1, 2008. ANALYSIS The Administration has been drafting amendments to the Special Event Ordinance and Guidelines since late 2010. The City Commission referred the subject for further discussion to the Neighborhoods and Community Affairs Committee (NCAC) at its December 8, 201 0 meeting. Subsequently, concerns were raised with issues that occurred during the Funkshion Fashion event in March 2011. The NCAC discussed these concerns at their June 3, 2011 meeting. The NCAC requested a review of the security deposit requirements as they felt they were too low for events of this nature. Since that time, the Tourism and Cultural Development Department has researched special event programs in other major cities, such as New York, Chicago and Los Angeles, and drafted additional amendments. These changes have been presented to the Production Industry Council and reviewed by an invited group of event producers representing a cross section of events that take place in Miami Beach. The Neighborhoods and Community Affairs Committee reviewed the most recent draft of amendments to the Special Event Ordinance and Guidelines at their January 30, 2012 meeting. The Committee unanimously moved to take these amendments to the City Commission after they are vetted at a public meeting. The Administration subsequently presented the proposed amendments to the Community during the monthly Special Event Community Review Meetings held on February 10, 2012 and March 8, 2012. Public comment was very minor and primarily focused on the neighborhood review requirements and the booking policy. All comments have been incorporated into the proposed amendments. PROPOSED ORDINANCE AMENDMENTS The City Code currently requires applicants to present their special event plans to the neighborhood association corresponding to the geographic area of the event. However, The Tourism and Cultural Development Department has subsequently instituted a recurring monthly special event community review meeting where all members of the public are invited to participate. The Tourism and Cultural Development Department has also created an opt-in email list to notice the community of the monthly meetings and agenda, as well as all approved permits. This meeting has become a reliable meeting for the community to receive the required information from applicants and for the City to receive feedback from the community. Therefore, the Administration has proposed amending the Special Events Ordinance as follows: A) Requirement to attend community meeting (Section 5) Special event applications applicants are subject required to present their plans for review at the monthly Special Events Community Review meeting and may also be requested to present for review by the corresponding neighborhood association in the neighborhood by, and applicants are required to present their plans to, the neighborhood association(s) corresponding to the geographic area where the event is proposed. In the case of events that expect 200 or more attendees and where there is no legally constituted/recognized association, or in the discretion of the city commission, the city manager or city manager's designee, the matter wiJ.I. may also be referred for review and recommendation to the city planning board. 561 Page 3of6 July 18, 2012 City Commission Meeting Special Events Ordinance Amendment B) Defined penalty/fine provision (Section 9) As you know, the City has been reviewing the City Code to standardize and streamline enforcement provisions. The Special Event Ordinance is another section that would be more appropriately addressed through a set fine schedule. A violator can elect to pay the fine as outlined in the established fine schedule, or request an administrative hearing before the Special Master to appeal the decision of the Code Compliance Officer which resulted in the violation being issued. This will ensure that the violator is still afforded due process. The following are the proposed amendments to the enforcement and penalty provisions: (9) Enforcement and Penalties. (a) Civil fine for violators. The following civil fines shall be imposed for a violation of this section: (1) First offense within a 12 month period a fine of$1,000.00; (2) Second offense within a 12 month period a fine of $2.500.00; and (3) Third offense and subsequent offenses within a 12 month period a fine of $5,000.00. (b) Enforcement. The code enforcement department or the Miami Beach Police Department shall enforce the provisions of this section. This shall not preclude other law enforcement agencies or regulatory bodies from anv action to assure compliance with this section and all applicable laws. If a Miami Beach Police Officer or a Code Compliance Officer finds a violation of this section. the Miami Beach Police Officer or the Code Compliance Officer shall issue a Notice of Violation to the violator as provided in chapter 30 of this Code. as may be amended from time to time. The Notice of Violation shall inform the violator of the nature of the violation. amount of fine for which the violator is liable. instructions and due date for paving the fine. notice that the Violation may be appealed by requesting an administrative hearing within ten days after service of the Notice of Violation. and that failure to appeal the violation within the ten days, shall constitute an admission of the violation and a waiver of the right to a hearing. (c) Rights of violators; payment of fine: right to appear: failure to pay civil fine or to appeal. (1) A violator who has been served with a Notice of Violation shall elect either to: a. Pay the civil fine in the manner indicated on the Notice of Violation: or b. Request an administrative hearing before a special master to appeal the Notice of Violation within 10 days of the issuance of the notice of violation. (2) The procedures for appeal by administrative hearing of the Notice of Violation shall be as set forth in sections 30-72 and 30-73. (3) If the named violator. after issuance of the Notice of Violation, fails to pay the civil fine. or fails to timely request an administrative hearing before a special master, the special master shall be informed of such failure by report from the Code Compliance Officer or the Miami Beach Police Officer. Failure of the named violator to appeal the decision of the Code Compliance Officer or the Miami Beach Police Officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special master. and be treated as an admission of the violation. and fines and penalties may be assessed accordingly. ( 4) Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. (5) The Special Master shall adjudicate a violation upon failure to request an administrative hearing with ten (10) days of the issuance of the Notice of Violation, and shall be prohibited from hearing the merits of the Notice of Violation or consideration of 562 Page 4of6 July 18, 2012 City Commission Meeting Special Events Ordinance Amendment the timeliness of the requestfor an administrative hearing. (d) Enhanced penalties. The following enhanced penalties shall be imposed, in addition to any mandatorv fines set forth in (9)(a) above. for violations of this Section: ill If the offense is a fourth offense within the preceding 12 month period of time. in addition to the fine set forth in (9)(a). the property owner. event producer or permittee shall be restricted from receiving a Special Event Permit for a three (3) month period of time. @ If the offense is a fifth offense within six (6) months following the fourth offense. in addition to any fine set forth in (9)(a). the property owner. event producer or permittee will be restricted from receiving a Special Event Permit for a six (6) month period of time. The property owner. event producer or permittee shall be deemed a habitual offender. Ql The City Manager may decline to issue future Special Event Permits to such person or entity that have been deemed habitual offenders pursuant to this section for a period of one year. or such other period of time acceptable to the City Manager. PROPOSED-SPECIAL EVENT GUIDELINE AMENDMENTS A companion item is being presented in conjunction with the second reading/public hearing of the above-noted Special Events Ordinance amendments, to amend the special event guidelines. This amendment follows a review of other major cities' special event procedures, review by the Production Industry Council and a group of event producers. The following are the recommended amendments to the guidelines: A. Permit Types: Creates additional special event permits types in order to streamline application processing for smaller, less impactful, special events. Public Property • Reduce the application deadline from sixty (60) days to thirty (30) days for events with a maximum attendance of 150 people and requiring no city services. This change will help streamline the process for small events. • Large more impactful events will remain with a sixty (60) day application deadline as they are more complicated and require more advance planning. Private Property • Reduce the application deadline from thirty (30) days to fifteen (15) days for events taking place on private property and requiring no city services. This streamlines the process for less impacting events on private property, which historically require a shorter turnaround time. (Note: all other events on private property must apply with a minimum of thirty (30) days. B. Security Deposit: In response to concerns that the security deposit was not sufficient enough to cover expenses for larger events, the following changes are proposed: • $2,500 for small events up to 150 people • $5,000 for events up to 1500 attendees • $10,000 for events with between 1500 and 5000 attendees • $20,000 +for events with more than 5000 attendees 563 Page 5of6 July 18, 2012 City Commission Meeting Special Events Ordinance Amendment C. Updates the list of Major Event Periods. D. Booking Policy: Adds language to the booking policy allowing an applicant to challenge dates already held by a "first hold" applicant. A "first hold" applicant has submitted an application and an application fee, for an event on a certain day or dates at a particular location. If a Second Hold applicant for those held day(s) challenges a First Hold applicant's dates, the First Hold applicant will be required to post a cash bond in the amount equal to the estimated cost of City services (i.e. Security Deposit, Off-duty Police, Off-duty Fire and Sanitation, etc.) within fourteen (14) days of receipt of notice from date/location challenge from the City. Additionally, the Second Hold applicant must post a cash bond in the amount equal to the estimated cost of City services at the time of the date challenge. If the First Hold applicant fails to provide the City with the specified cash bond within 14 days of receipt of notice, the Second Hold applicant will then have a First Hold on the dates and location.the opportunity to post a cash bond in the amount equal to the estimated cost of City services for their event (i.e. Off duty Police, Off duty Fire and Sanitation, etc.) within fourteen (14 days) of receipt of notice from the City. If the Second Hold applicant posts a cash bond with the City •.vithin 14 days, the applicant will have a First Hold on the dates and location. If both parties fail to post a cash bond, the dates and location are released and will be made available on a first-come, first served basis. E. Consecutive Day Clause: Clarifies the Consecutive Day Clause limiting venues to five (5) special event permits per calendar year. F. Art Basel Zone: The establishment of a zone to be bounded by 23rd Street to the north; by Lincoln Lane South to the south; by Alton road to the west; and by the Atlantic Ocean to the east, where special event permits for non-Art Basel Miami Beach official events will not be permitted. The effective term and duration of the Art Basel Miami Beach Zone is only intended to run concurrent with the actual ABMB Event dates. The following amendments to the guidelines are recommended to address changes already previously approved by the Commission: G. Wedding Permit Fees: The City Administration implemented a new $125 wedding permit fee as part of the FY 10/11 budget, which was approved by the City Commission on September 20, 2010 via Resolution No. 2010-27519. The proposed amendment will include this information in the guidelines (Section I.A.lii- Weddings and Ceremonies. H. Late Fees: If an application is received later than the specified deadline a late application fee of $250 applies. The intent is to encourage event producers to apply timely. There is also another late fee is applicants have not submitted all required documentation 14 days before the load-in of the event commences. The application is then considered denied and any additional coordination requires a reinstatement fee, commensurate with the event's permit fee: • 0 to 1499 attendees $250 • 1500 and above attendees $500 These changes to the special event fees were approved by the City Commission on September 20, 2010 via Resolution No. 2010-27519 and were adopted as part of the FY 10/11 budget. The proposed amendment will include this information in the guidelines (Section I.A.VII -Minimum Requirements; Late Application Fee). 564 Page 6of6 July 18, 2012 City Commission Meeting Special Events Ordinance Amendment I. The Administration reviewed the guidelines and determined that the City's Administrative Policy for repeat violators of special event permits should be formally incorporated into the guidelines. They were developed to clarify Section 12-5(9)(b) of the City Code and impose additional penalties, in addition to fines for violations of this Section of the City Code (Section Ill). The policy levies additional penalties for event producers who violate the terms of their permit multiple times within the preceding 12 month period of time and restricts the producer from obtaining additional permits for a specified period of time depending on the number of violations. J. Temporary Sampling: creates a distance separation from existing sidewalk cafes and tightens the definition of "mobile" sampling. The amendments prohibit sampling from moving vehicles and sampling within 20 feet of an approved sidewalk cafe, outdoor cafe, outdoor restaurant, etc. On May 25, 2010, the Neighborhoods and Community Affairs Committee reviewed the City's temporary sampling regulations and recommended revisions to the guidelines. K. Adds additional criteria for the Manager's consideration when considering a special event permit for events that feature a public benefit component (Section I.B.II.e.). L. Includes language clarifying that the City is not responsible for any expenses incurred by the applicant (Section 1.8.111.). M. Changes from "weeks" to "days" the requirement for the deadline for payment for City services (Section 1.0.11) N. Includes clarification language for required verification for light post banners for 501 (c) 3 non-profits (Section II.E.III). 0. Additional proposed changes clarify the Vehicle Access Pass policy as pertaining to all beach, park and pedestrian use areas. Currently the pass is intended only for beach use. This change allows proper regulation of safety needs for events that require access to non-beach authorized areas, such as greenspace (Section II.A). P. Another change clarifies waiver provisions for non-profit groups (Section I.A. VII-Minimum Requirements) and amends the submission date for the Indemnity Agreement and Insurance documents (Section I.A. VII- Minimum Requirements, Indemnity Agreement; Insurance Requirements). CONCLUSION The subject was referred to the Neighborhood and Community Affairs Committee at the May 9, 2012 City Commission meeting. This item is scheduled for the July 30, 2012 NCAC meeting. Therefore, the Administration recommends the Mayor and City Commission Open and Continue the item. JMG/HMF/MAS/GW T:\AGENDA\2012\7-18-12\Special Events Ord amendment memo Open and Continue.doc 565 THIS PAGE INTENTIONALLY LEFT BLANK 566 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending Chapter 2 of the Miami Beach City Code entitled "Administration" by amending Article Ill, entitled "Agencies, Boards and Committees," by creating Division 33, to be entitled "Tennis Advisory Committee," and by creating Section 2-190.148 to create a Tennis Advisory Committee and provisions establishing the Committee and it purpose, powers and duties, composition, and supporting department; and 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 approving the creation of a "Tennis Advisory Committee?" Item Summary/Recommendation: A discussion regarding the creation of a Tennis Committee was held at the February 8, 2012 Commission meeting. Following the discussion, the City Commission supported the concept of creating an Ad Hoc Tennis Committee to serve in an advisory capacity during the construction of the new Flamingo Park Tennis Center and directed the Administration to bring a resolution creating the Ad Hoc Tennis Committee for consideration of the City Commission. At the February 24, 2012 special City Commission meeting, Mayor Matti Herrera Bower requested a referral to the Neighborhood/Community Affairs Committee (NCAC) a discussion regarding "Creating A Clear Mission Statement For The Proposed Ad Hoc Tennis Committee." This action was approved by the full City Commission and the discussion item was placed on the March 2ih NCAC agenda. As directed the Administration presented a mission statement for the proposed Ad Hoc Tennis Committee to the NCAC. Following discussion, the proposed mission statement was recommended by the NCAC. At the May 9, 2012 Commission meeting the Administration presented a resolution accepting the Neighborhood/Community Affairs Committee's recommendations approved on March 27, 2012 regarding the creation of an Ad Hoc Tennis Committee. Following a Commission discussion the proposed resolution accepting the N/CAC recommendation to establish the Ad Hoc Tennis Committee failed. Alternatively, the Commission approved the following motion: To direct the Legal Department to draft an ordinance for first reading, creating a seven (7) member stand-alone Tennis Committee, as direct appointments by each member of the City Commission, and bring back the ordinance on first reading at the July 18, 2012 Commission Meeting. The proposed ordinance amendment to create a seven (7) member stand-alone Tennis Committee as directed by the full Commission at its May 9, 2012 meeting is being presented for first reading. If approved on first reading, a second reading, public hearing will be set. IN/A Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 OBPI Total Financial Impact Summary: It is estimated that an additional six (6) hours per month will be required by Parks & Recreation staff members to prepare meeting notices, meeting agendas, attend the meetings, maintain the committee's attendance, prepare the meeting minutes and perform other committee related duties as necessary to staff the newly established Tennis Advisory Committee. These functions will be absorbed by existing staff. Ci Clerk's Office Le islative Trackin Si n-Offs: Department Director KS T:\AGENDA\2012\7 -18-12\Tennis Comm1 t MIAMI BEACH 567 City Manager KGB 1st rdg Summary.doc AGENDA ITEM DATE R5""F 7-/ &'-/1- lt\ 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. t~e City Commi# Kathie G. Brooks, Interim City Manager p Z__ = ' July 18, 2012 FIRST READING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY CREATING DIVISION 33, TO BE ENTITLED "TENNIS ADVISORY COMMITTEE," AND BY CREATING SECTION 2-190.148 TO CREATE A TENNIS ADVISORY COMMITTEE AND PROVISIONS ESTABLISHING THE COMMITTEE AND ITS PURPOSE, POWERS AND DUTIES, COMPOSITION, AND SUPPORTING DEPARTMENT; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The proposed ordinance amendment to create and establish a Tennis Advisory Committee is presented for first reading as directed by the City Commission at the May 9, 2012 City Commission meeting. KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs. BACKGROUND The matter of creating a Tennis Committee was initially presented for discussion at the December 14, 2011 Commission meeting by Commissioners Gongora and Wolfson. The matter was deferred at the December 14, 2011 meeting and scheduled for inclusion in the January 11, 2012 Commission meeting, where it was once again deferred but set for a time certain on the February 8, 2012 Commission meeting agenda. A discussion regarding the creation of a Tennis Committee was held at the February 8, 2012 Commission meeting. Comments were made by both the City Commission and residents in attendance who spoke to the opportunities and challenges of creating a Tennis Committee; the option of creating a sub-committee to the existing Parks and Recreational Facilities Board; or the creation of an Ad Hoc Tennis Committee. Following much discussion, the City Commission supported the concept of creating an Ad Hoc Tennis Committee to serve in an advisory capacity during the construction of the new Flamingo Park Tennis Center. 568 Ordinance Amendment To Chapter 2-Article /II -Creating A Tennis Advisory Committee July 18, 2012 City Commission Meeting Page 2 of2 The Administration was also directed to bring a resolution creating the Ad Hoc Tennis Committee for consideration of the City Commission, including a list of nominees, as recommended. Subsequently, and prior to bringing the item back to the full Commission in March, at the February 24, 2012 special City Commission meeting, Mayor Matti Herrera Bower made a request to refer to the to the Neighborhood/Community Affairs Committee (NCAC) a discussion regarding "Creating A Clear Mission Statement For The Proposed Ad Hoc Tennis Committee." This action was approved by the full City Commission and the discussion item was placed on the March 27th NCAC agenda. At the March 27th NCAC meeting, staff presented a recommended mission statement for the proposed Ad Hoc Tennis Committee, as well as information on the proposed membership and Ad-Hoc Committee duration. The proposed mission statement was developed based on staffs understanding of the Commission's intent in forming the Ad Hoc Tennis Committee, as referenced by the comments made during the Commission discussion on February 8th. The following mission statement was presented and discussed at the NCAC on 3/27: "The Flamingo Park Ad Hoc Tennis Committee shall exist to provide City Staff with advisory recommendations on operational issues relating to the Flamingo Park Tennis Center, as they may arise during the construction of the Flamingo Park Tennis Center, to ensure the continued enjoyment of the tennis facilities during construction." Following discussion, this proposed Mission Statement was recommended by the NCAC on March 27th. At the May 9, 2012 Commission meeting the Administration presented a resolution accepting the Neighborhood/Community Affairs Committee's recommendations from their March 27, 2012 meeting regarding the Ad Hoc Tennis Committee's mission statement, and the membership, purpose, duration and functions. Following a commission discussion the resolution accepting the N/CAC recommendations was not approved, however the Commission did approve the following motion: Motion made by Vice-Mayor Libbin to direct the Legal Department to draft an ordinance for first reading, creating a seven (7) member stand-a/one Tennis Committee, as direct appointments by each member of the City Commission, and bring back at the July 18, 2012 Commission Meeting; seconded by Commissioner Gongora. Voice vote: 6-0; Absent: Commissioner Wolfson. FISCAL IMPACT It is estimated that an additional six (6) hours per month will be required by Parks & Recreation staff members to prepare meeting notices, meeting agendas, attend the meetings, maintain the committee's attendance, prepare the meeting minutes and perform other committee related duties as necessary to staff the newly established Tennis Advisory Committee. These functions will be absorbed by existing staff. CONCLUSION The proposed ordinance amendment to create a seven (7) member stand-alone Tennis Committee as directed by the full Commission at its May 9, 2012 meeting is being presented for first reading. If approved on first reading, a second reading, public hearing would need to be set. KGB/MAS/KS T:\AGENDA\2012\7-18-12\Tennis Committee Establisg'~gt Ordinance-1st rdg MEMO.doc ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY CREATING DIVISION 33, TO BE ENTITLED "TENNIS ADVISORY COMMITTEE," AND BY CREATING SECTION 2-190.148 TO CREATE A TENNIS ADVISORY COMMITTEE AND PROVISIONS ESTABLISHING THE COMMITTEE AND ITS PURPOSE, POWERS AND DUTIES, COMPOSITION, AND SUPPORTING DEPARTMENT; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, tennis is a popular recreational sport enjoyed by many residents and visitors in the City of Miami Beach; and WHEREAS, in order to improve the quality of life of the residents in the City by promoting the development and sound management of public tennis facilities, a Tennis Advisory Committee should be created. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS: SECTION 1. That Chapter 2, Article Ill, of the Miami Beach City Code is hereby amended to create Division 33 thereof and Section 2-190.148 thereto, as follows: CHAPTER2 ADMINISTRATION * * * ARTICLE Ill * * * Division 33. Tennis Advisory Committee Sec. 2-190.148. Established: purpose: powers and duties: composition; supporting department. @1 Established. There is hereby established the Tennis Advisory Committee, whose purpose. powers. duties and composition. are set forth in this section . .{Ql Pumose. The mission of the Tennis Advisory Committee is to improve the lives of residents by promoting the development and sound management of public facilities dedicated to the sport of tennis in the City of Miami Beach and to make recommendations, as appropriate, to the City Commission and the City Administration. 570 !fl Powers and duties. The powers and duties of the committee shall be to provide advisory recommendations regarding the use. operation. management. and development of public tennis facilities to the City Commission and the City Administration for such action as the City Commission and the City Administration may deem appropriate. !Ql Composition. The committee shall be composed of seven (7) members. each of whom shall be a voting member who has demonstrated a high degree of interest. participation. and/or expertise in the sport of tennis. The Mayor and City Commissioners shall each make one direct appointment to the committee . .@). Supporting department. The supporting department of the committee is the Parks and Recreation Department. SECTION 2. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. Codification. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. Effective Date. This Ordinance shall take effect the __ day of ________ , 2012. PASSED and ADOPTED this __ day of-------' 2012. ATTEST: RAFAEL E. GRANADO, CITY CLERK Underline denotes additions MATTI HERRERA BOWER MAYOR F:IATTO\TURN\ORDINANC\Creating Tennis Advisory Committee 2012.doc 2 571 OATE THIS PAGE INTENTIONALLY LEFT BLANK 572 COMMISSION ITEM SUMMARY Condensed Title: Amendment of the City Code Chapter 106, "Traffic and Vehicles"; Article VI, "Towing and Immobilizations"; Section 262(a)(5), "Vehicles Parked On Private Property; Towing"; Requiring Notification Of Private Property With Automated Payment Machine Use; Providing For Codification, Repealer, Severability And Effective Date. Key Intended Outcome Supported: 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 better to live, work or play. Issue: Shall the City Commission approve the proposed amendment to the City Code requiring notice at rivate arkin facilities with automated a ment machines? Item Summary/Recommendation: On February 8, 2012, the Mayor and City Commission approved a referral to the Neighborhoods and Community Affairs Committee (NCAC) for a discussion regarding a draft ordinance to regulate private parking lots or facilities with automated parking systems. On May 22, 2012, the NCAC held a follow-up discussion, regarding the proposed amendment to the City Code and recommended approval of the proposed ordinance, including the attached notice which must be prominently posted at all times. The City Attorney's Office and the Administration drafted the following amendment to the City Code and notice (see attached) regulating enforcement of private parking facilities with automated parking systems. FISCAL IMPACT-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 no fiscal impact to the City. The Administration recommends that the Mayor and Commission approve the proposed ordinance upon first reading and set a second reading public hearing for September 12, 2012. Financial Information: Source of Amount Funds: 1 $ OBPI Total $ Financial Impact Summary: . C1ty Clerk's Office Legislative Trackmg: I Saul Frances, Parking Director Sign-Offs: Department Director SF JGG T:\AGENDA\2012\07 -18-12\PrivateParkingFacilitiesAu MIAMI BEACH Account 573 Approved AGENDA ITEM _1(.;..=....;;;.$""_(;-,..--- DATE r/ f-/2- m 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?L Cm ission Kathie G. Brooks, lntertm City Manager / ,_//. j. DATE: July 18, 2012 First Reading SUBJECT: PRIVATE PARKING FACILITIES WITH AUTOMATED PAYMENT MACHINES 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 106, "TRAFFIC AND VEHICLES"; ARTICLE VI, "TOWING AND IMMOBILIZATIONS"; SECTION 262(a)(5), "VEHICLES PARKED ON PRIVATE PROPERTY; TOWING"; REQUIRING NOTIFICATION OF PRIVATE PROPERTY WITH AUTOMATED PAYMENT MACHINES; 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 September 12, 2012. ANALYSIS On February 8, 2012, at the request of Commissioner Libbin, the Mayor and City Commission approved a referral to the Neighborhoods and Community Affairs Committee (NCAC) for a discussion regarding a draft ordinance to regulate private parking lots or facilities with automated parking systems. On March 27, 2012, the NCAC held a discussion on the item and directed the City Attorney's Office and the Administration to amend the draft of the ordinance to include the following requirements: • Conspicuously posted notices advising that the subject property is "Private Property'' and said facility is operated with Automated Payment Machines (APMs). • Nonpayment and/or overtime parking violations may result in their vehicle being towed at the owner's expense only after a one {1) hour grace period has been provided before removal. • The aforementioned information shall be prominently and conspicuously posted as follows (see attached): 574 • At the entrance and exit of the facility. • On transactional parking tickets, receipts, and/or any other standardized ticket or receipt used by patrons to make payment for use of the facility. • At the APM or any other equipment or machine used to accept and/or process payment for use of the facility. • In-car meters or similar devices offered by the City of Miami Beach are not honored on private property. On May 22, 2012, the NCAC held a follow-up discussion regarding the proposed amendment to the City Code and approved the aforementioned recommendations, including the attached notice which must be prominently posted at all times. It is important to note that the NCAC did not approve the requirement to have a one (1) hour grace period before removal of the vehicle. The City Attorney's Office and the Administration drafted the following amendment to the City Code and notice (see attached) regulating enforcement of private parking facilities with automated parking systems. Miami Beach City Code Chapter 106 Section 106·262 (a) (5) (5) In unattended private lots using automated payment systems. following payment and expiration of parking fees. the property owner may remove vehicles for nonpayment or overtime parking. only if the owner has provided notice prominently posted on the property in compliance with the standards of F.S. 715.07. that the property is private and nonpayment or overtime parking may result in the vehicle being towed. All notices shall be posted as follows: FISCAL IMPACT • At the entrance and exit of the facilitv. • On transactional parking tickets. receipts. and/or any other standardized ticket or receipt used by patrons to make payment for use of the facility. • At the APM or any other equipment or machine used to accept and/or process payment for use of the facility • In-car meters or similar devices offered by the City of Miami Beach are not honored on private property. 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 no fiscal impact to the City. 575 CONCLUSION The Administration recommends that the City Commission approve the proposed ordinance upon first reading and set a second reading and public hearing for September 12, 2012. KGB/rJttJ;;' T:\AGENDA\2012\07 -18-12\PrivateParkingFacilitiesAutomatedPaymentMachinesFirstReadingJuly182012.mem.docx 576 WARNING NOTICE THIS FACILITY IS PRIVATE PROPERTY THIS IS NOT A CITY OF MIAMI BEACH MUNICIPAL PUBLIC PARKING FACILITY. MUNICIPAL PAYSTATION RECEIPTS; PARKING PERMITS; AND/OR IN-CAR METERS ARE NOT HONORED AT THIS FACILITY. THE PENAL FOR UNAUTH RIZED USE, NONP YMENT, OR OVERTIME P RKING N PRIV TE PR PERTY IS THE TO lNG OF THE VEHICLE AT THE NER'S EXPENSE. IF YOU DO NOT PAY OR PARK IN EXCESS OF THE TIME PURCHASED, YOUR VEHICLE MAY BE TOWED. THE EXPENSE TO RECOVER YOUR VEHICLE FROM THE TOWING SERVICE IS SUBJECT TO MAXIMUM ALLOWABLE TOWING RATES. 577 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 106, "TRAFFIC AND VEHICLES;" ARTICLE VI, "TOWING AND IMMOBILIZATIONS;" SECTION 262(a)(5), "VEHICLES PARKED ON PRIVATE PROPERTY; TOWING;" REQUIRING NOTIFICATION OF PRIVATE PROPERTY AND AUTOMATED PAYMENT MACHINE USE; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, on February 8, 2012, at the request of Commissioner Libbin, the Mayor and City Commission approved a referral to the Neighborhoods and Community Affairs Committee ("NCAC") for a discussion regarding a draft ordinance to regulate private parking lots or facilities with automated parking systems; and WHEREAS, the NCAC held discussions and deemed that private property owners should be required to provide notice, in the manner described herein, to the public identifying a private parking facility as private property and not a municipal parking facility, including penalties for non-payment and/or overtime parking; and WHEREAS, on May 22, 2012, the NCAC held a follow-up discussion, at its scheduled meeting, regarding the proposed amendment to the City Code and approved the proposed amendment contained herein; and WHEREAS, the proposed amendment set forth below is necessary to accomplish the objectives set forth above. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 106, "Traffic And Vehicles;" Article VI, "Towing And Immobilizations;" Section 106-262, "Vehicles Parked On Private Property; Towing;" is hereby amended by adding a new subsection (a)(5), as follows: Section 106-262. Vehicles Parked On Private Property; Towing. (a) A property owner may cause any vehicle parked on his property without his permission to be removed by a business enterprise without liability for the costs of removal, transportation or storage or damages caused by such removal, transportation or storage, under any of the following circumstances: (1) When the property is appurtenant to and obviously a part of a single-family residence property; 1 of 3 578 (2) When the property is obviously not intended to be used for parking vehicles; (3) In the case of any other property, when notice is prominently posted on the property in compliance with F.S. § 715.07, or has been personally given to the owner or driver of the vehicle that the area in which such vehicle is parked is reserved or is otherwise unavailable for unauthorized vehicles; or (4) When the vehicle has been parked in the same place without authorization for more than 48 hours. (5) In unattended private lots using automated payment systems. following payment and expiration of parking fees. the property owner may remove vehicles for nonpayment or overtime parking, only if the owner has provided notice prominently posted on the property in compliance with the standards of F.S. 715.07, that the property is private. nonpayment or overtime parking may result in the vehicle being towed. and whether in-car meters or similar devices offered by the City of Miami Beach are honored on the private property. All notices shall be posted as follows: a. At the entrance and exit of the facility; b. On transactional parking tickets. receipts. and/or any other standardized ticket or receipt used by patrons to make payment for use of the facility; and c. At the automatic payment machine or any other equipment or machine used to accept and/or process payment for use of the facility. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. 2 of3 579 PASSED AND ADOPTED this __ day of ____ , 2012. ATIEST: CITY CLERK First Reading: Second Reading: Underscore denotes new language Strikethrough denotes deleted language MAYOR APPROVED AS TO FORM & LANGUAGE FOR EXECUTION ate T:\AGENDA\2012\7 -18-12\Private Parking Facilities Auto Payment Machines FirstReading July182012 ord rev.doc 3 of 3 580 ce COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida Amending Chapter 142, Article Ill, "Uses and Structures Permitted," to permit artificial grass with or without restricting in the Dune Preservation Overlay. Key Intended Outcome Supported: Supporting Data (Surveys, Environmental Scan, etc.): Issue: Should the City Commission consider amending the Land Development Regulations of the City Code to permit the installation of artificial grass where it is currently not permitted in Dune Preservation Overlay area-the area between the easternmost portion of most oceanfront hotel properties which functions as a transitional zone between the intensely developed uplands and the dune and beach. Item Summary/Recommendation: First Reading As a result of significant recent advances in the development of high quality artificial grass products, in terms of use, durability, desirability, and aesthetic appearance, the Planning Department has begun to receive requests for the use of these products. From the public sector, requests have been received from the Parks and Recreation Department to approve the use of artificial grass in three particular areas, 1) on 'covered' children's playground areas, 2) on high-intensity-use football and soccer fields, and 3) in limited small public outdoor areas, where the use and maintenance of natural grass has become problematic. A small number of hotels have requested to replace natural grass with artificial grass in limited areas of high-intensity-use where natural grass cannot be sustained in a healthy condition and good appearance without being frequently replaced, most particularly around highly active pool deck areas. In response to these requests, the Planning Department, in close consultation with the Department of Parks and Recreation, has developed a general policy with regard to the use of high quality artificial grass as a replacement for natural grass for certain appropriate applications and locations in Miami Beach. However, while this has given the opportunity for hotels to install artificial grass with either staff or board approval, the policy specifically excludes the "Dune Preservation Overlay District," the easternmost portion of most oceanfront hotel properties. The Administration recommends that the City Commission approve the proposed ordinance as recommended by the Planning Board, which establishes policies regarding the installation of synthetic (artificial) grass and set a second reading public hearing for the September 12, 2012 meeting. Advisory Board Recommendation: At the January 24, 2012 meeting, the Planning Board reviewed both versions of the ordinance as requested by the LUDC. By a vote of 5-0 (2 members absent), the Board recommended that the City Commission adopt the more restrictive ordinance, which is the one that limits the area where synthetic grass may be installed in the "Dune Overlay District." Financial Information: Source of Amount Account Funds: 1 I I 2 OBPI Total Financial Impact Summary: In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there may not be a measurable impact on the City's budget by enacting the proposed ordinance. City Clerk's Office Legislative Tracking: Richard Lorber I Mercy Lamazares MIAMI BEACH 581 AGENDA ITEM --o:t(:--r..,.-::H..--- DATE 7-/ f -/ 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 Co mission Kathie G. Brooks, Interim City Manager~ fj--· July 18, 2012 FIRST READING SUBJECT: Artificial Grass -without restrictions AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE Ill, "OVERLAY DISTRICTS," DIVISION 2, "DUNE PRESERVATION OVERLAY," BY AMENDING SECTION 142-774, "USES AND STRUCTURES PERMITTED," TO ALLOW SYNTHETIC GRASS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. Artificial Grass -with restrictions AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE Ill, "OVERLAY DISTRICTS," DIVISION 2, "DUNE PRESERVATION OVERLAY," BY AMENDING SECTION 142-774, "USES AND STRUCTURES PERMITTED," TO ESTABLISH POLICIES REGARDING THE INSTALLATION OF SYNTHETIC GRASS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the proposed ordinance as recommended by the Planning Board, which establishes policies regarding the installation of synthetic (artificial) grass and set a second reading public hearing for the September 12, 2012 meeting. BACKGROUND September 14, 2011: at the request of Commissioner Wolfson A discussion regarding an amendment to the Land Development Regulations of the City Code to address the issue of artificial grass was referred by the City Commission to the Land Use and Development Committee (LUDC). September 21, 2011: the LUDC continued this item to the October 26, 2011 meeting. 582 Commission Memorandum Arlificial grass -two options July 18, 2012 Page 2of4 October 26. 2011: By a vote of 2-0, the LUDC requested that the Planning Board review both versions of the proposed ordinance permitting artificial grass in the Dune Overlay District (one permitting unlimited use, and one setting a maximum of 50% of the required landscape area and requiring setbacks from side property lines) and then bring back to LUDC. ANALYSIS As a result of significant recent advances in the development of high quality artificial grass products, in terms of use, durability, desirability, and aesthetic appearance, the Planning Department has begun to receive requests for the use of these products. From the public sector, requests have been received from the Parks and Recreation Department to approve the use of artificial grass in three particular areas, 1) on 'covered' children's playground areas, 2) on high-intensity-use football and soccer fields, and 3) in limited small public outdoor areas, where the use and maintenance of natural grass has become problematic. A small number of hotels have requested to replace natural grass with artificial grass in limited areas of high-intensity-use where natural grass cannot be sustained in a healthy condition and good appearance without being frequently replaced, most particularly around highly active pool deck areas. In response to these requests, the Planning Department, in close consultation with the Department of Parks and Recreation, has developed a general policy with regard to the use of high quality artificial grass as a replacement for natural grass for certain appropriate applications and locations in Miami Beach (see attached). However, while this has given the opportunity for hotels to install artificial grass with either staff or board approval, the policy specifically excludes the "Dune Preservation Overlay District," the easternmost portion of most oceanfront hotel properties. The Dune Preservation Overlay District is governed by Section 142-774 of the City Code, which states that these regulations "are designed to accommodate and promote recreational, open space and related uses" and that "this area functions as a transitional zone between the intensely developed uplands and the dune and beach. It accommodates uses and structures which are compatible and supportive of the beachfront park system and the natural beach environment." This has been interpreted to date by the Planning Department as a prohibition on artificial grass within this area. An amendment to this section of the code to liberalize that policy to permit artificial grass in the Dune Overlay District could take the following form: Section 1. That Chapter 142, "Zoning Districts and Regulations," Article Ill, Overlay Districts, Division 2, "Dune Preservation Overlay," Section 142-774, "Uses and Structures Permitted," is hereby amended as follows: Sec. 142-774.-Uses and structures permitted. Uses and structures permitted under this division shall be designed to accommodate and channel pedestrian movement in such a manner as to protect and enhance vegetation and the beach. No land or structure shall be used, in whole or in part, except for one or more of the following permitted uses: * * * 583 Commission Memorandum Artificial grass -two options July 18, 2012 Page 3of4 (7) Landscaping conforming to the specifications of the beachfront park and promenade plan. Synthetic grass shall be permitted. Planning Department staff would recommend that rather than a complete liberalization within the Dune Overlay District, that the amendment would be improved and address planning concerns by the following additions. a) Limit total area of synthetic grass to a reasonable proportion of area; b) Limit use in side setback areas, in order to discourage group assembly activities directly next to neighboring properties; c) Require synthetic grass product to be fully pervious to water; d) Specify that synthetic grass is for use in high-traffic pedestrian or assembly areas. This could take the following form. (7) Landscaping conforming to the specifications of the beachfront park and promenade plan. In up to one-half of the area required to be open to the sky and landscaped (but not in required side yards.) synthetic grass which is fully pervious shall be permitted in high-traffic pedestrian/assembly areas. It should be noted that allowing artificial grass in the Dune Overlay District could facilitate the intensification of these areas, with large open air assemblies. PLANNING BOARD ACTION At the January 24, 2012 meeting, the Planning Board reviewed both versions of the ordinance as requested by the Committee. By a vote of 5-0 (Fryd & Tobin absent), the Board recommended that the City Commission adopt the more restrictive ordinance, which is the one that limits the area where synthetic grass may be installed in the "Dune Overlay District." LAND USE AND DEVELOPMENT COMMITTEE October 26, 2011: Commissioner Wolfson introduced the item and explained the Dune Overlay District. Commissioner Gongora expressed the feeling that artificial grass should not be widely used, but had no objections to the matter being referred to the Planning Board and then brought back to the Committee. Commissioner Wolfson expressed his preference to permit artificial grass with no restrictions, but decided that both versions of the proposal should be sent to the Planning Board. By a vote of 2-0, the LUDC requested that the Planning Board review both versions of the proposed ordinance permitting artificial grass in the Dune Overlay District (one permitting unlimited use, and one setting a maximum of 50% of the required landscape area and requiring setbacks from side property lines) and then bring back to LUDC. At the May 16, 2012 meeting the LUDC reviewed and discussed the proposed ordinance after the Planning Board had made its recommendation. By a vote of 3-0, it decided to 584 Commission Memorandum Artificial grass -two options July 18, 2012 Page 4of4 send both versions of the ordinance -with and without restrictions -to the full Commission. 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 The Administration recommends that the City Commission approve the proposed ordinance as recommended by the Planning Board, which establishes policies regarding the installation of synthetic (artificial) grass and set a second reading public hearing for the September 12, 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. JMG/JGG/R&-~ML T:\AGENDA\2012\7 -18-12\artificial grass memo.docx 585 Administrative Level Approval of the Use of Artificial Grass 1. Private or Public Football Fields or Soccer Fields where game action is very frequent and very intense and natural grass cannot recover adequately in between games uses, as determined by the Parks and Recreation Department or the respective institution. Planning staff may approve the installation of high grade artificial grass for use in these areas, limited to the 'game' area of the playing field. 2. Private or Public Covered Children's Playgrounds where canopy shade structures above the playground equipment prevent the growth and use of natural grass. Planning staff may approve the installation of high grade artificial grass for use in these covered playground areas, limited to the area covered by the canopy. 3. High-Intensity-Use Small Public Outdoor Areas where natural grass cannot survive the intensity of use without the area being closed for extended periods of time for the natural grass to recover or be replaced, and/or where natural grass may be victim of frequent dog use and cannot be kept sanitary for use by small children. An example is the Euclid Oval on Lincoln Road where very small children frequently crawl and run bare foot. Planning staff may approve the installation of high grade artificial grass for use in these high-intensity-use small public areas at the request of the Parks and Recreation Department. Board Level Approval of the Use of Artificial Grass 1. Hotel Property I Private Club I or Multi-family Residential Pool Deck Areas where lounge chairs cover the natural grass most of the time as well as produce beaten down 'foot paths' where bathers come from and go to the pool, and where the use of artificial grass would not have a significant adverse aesthetic impact. Natural grass cannot normally survive this level of constant shade or intensity of foot traffic without being frequently replaced; such applications may be submitted to and approved by the Historic Preservation Board or the Design Review Board provided they do not fall within the Dune Preservation Overlay District. 2. Hotel Property I Private Club High-lntensitv-Use Outdoor Areas where multiple high intensity events are held on a daily or weekly basis involving large concentrations of people on the natural grass as well as the moving of vehicles and equipment over the grass in preparation for such events, and where the use of artificial grass does not have a significant adverse aesthetic impact. These areas of natural grass often cannot be reasonably maintained in healthy condition and good appearance without frequent replacement. Such applications may be submitted to and approved by the Historic Preservation Board or the Design Review Board provided they do not fall within the Dune Preservation Overlay District. 586 -· 0 .· ORDINANCE NO.-------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE Ill, "OVERLAY DISTRICTS," DIVISION 2, "DUNE PRESERVATION OVERLAY," BY AMENDING SECTION 142-774, "USES AND STRUCTURES PERMITTED," TO ALLOW SYNTHETIC GRASS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, As a result of significant recent advances in the development of high quality artificial grass products in terms of use, durability, desirability, and aesthetic appearance, requests for the use of these products both from the public and private sectors are being received; and WHEREAS, requests to replace natural grass for synthetic grass are for use in limited areas of high-intensity-use where natural grass cannot be sustained in a healthy condition and good appearance without being frequently replaced, most particularly around highly active pool deck areas; and WHEREAS, the proposed amendments are necessary to effectuate the replacement of natural grass with synthetic grass in the Dune Preservation Overlay. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Section 1. That Chapter 142, "Zoning Districts and Regulations," Article Ill, Overlay Districts, Division 2, "Dune Preservation Overlay," Section 142-774, "Uses and Structures Permitted," is hereby amended as follows: Section 142-77 4. -Uses and structures permitted. Uses and structures permitted under this division shall be designed to accommodate and channel pedestrian movement in such a manner as to protect and enhance vegetation and the beach. No land or structure shall be used, in whole or in part, except for one or more of the following permitted uses: * * * (7) Landscaping conforming to the specifications of the beachfront park and promenade plan. Synthetic grass shall be permitted. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may 587 be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this __ day of-------' 2012. ATTEST: CITY CLERK First Reading: Second Reading: Verified by:-:-~-:--:-----:-:--------=------­ Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language T:\AGENDA\2012\7-18-12\artificial grass Ord w-o restrictions.docx 588 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 111 1,1... ijiel- ORDINANCE NO.-------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE Ill, "OVERLAY DISTRICTS," DIVISION 2, "DUNE PRESERVATION OVERLAY," BY AMENDING SECTION 142-774, "USES AND STRUCTURES PERMITTED," TO ESTABLISH POLICIES REGARDING THE INSTALLATION OF SYNTHETIC GRASS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, As a result of significant recent advances in the development of high quality artificial grass products in terms of use, durability, desirability, and aesthetic appearance, requests for the use of these products both from the public and private sectors are being received; and WHEREAS, requests to replace natural grass for synthetic grass are for use in limited areas of high-intensity-use where natural grass cannot be sustained in a healthy condition and good appearance without being frequently replaced, most particularly around highly active pool deck areas; and WHEREAS, the proposed amendments are necessary to effectuate the replacement of natural grass with synthetic grass in the Dune Preservation Overlay. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Section 1. That Chapter 142, "Zoning Districts and Regulations," Article Ill, Overlay Districts, Division 2, "Dune Preservation Overlay," Section 142-774, "Uses and Structures Permitted," is hereby amended as follows: Section 142-77 4. -Uses and structures permitted. Uses and structures permitted under this division shall be designed to accommodate and channel pedestrian movement in such a manner as to protect and enhance vegetation and the beach. No land or structure shall be used, in whole or in part, except for one or more of the following permitted uses: * * * (7) Landscaping conforming to the specifications of the beachfront park and promenade plan. In up to one-half of the area required to be open to the sky and landscaped (but not in required side yards.) synthetic grass which is fully pervious shall be permitted in high-traffic pedestrian/assembly areas. 589 SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this __ day of-------' 2012. ATTEST: CITY CLERK First Reading: Second Reading: Verified by:------------ Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language T:\AGENDA\2012\7-18-12\artificial grass Ord with restrictions.docx 590 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 11-z. \,2 fatf R7 RESOLUTIONS 591 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 Summary/Recommendation: CG Tides, LLC, CG Tides Village, LLC, CG Tides Village I, LLC and CG Tides Village II, LLC are owners of Tides Hotel at 1220 Ocean Drive, a surface parking lot at 1201 Collins Avenue, the Molbar Building at 1221 Collins Avenue, and the Splendor Building at 1225 Collins Avenue (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 Molbar Building. The bridge is proposed to cross the entire 20-foot width of the City-owned Ocean Court at a minimum vertical elevation of 15 feet above the surface grade. At its regular April10, 2012 meeting, the HPB (pursuant to HPB Order No. 7303) approved the proposed elevated, pedestrian bridge to connect the Properties. 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 withdrawing the item. 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 n-Offs: Department Direct Assistant City Manager FHB MIAMI BEACH 593 Account Approved AGENDA ITEM -.!.R~7"'-'A-'--­ DATE 7-1 K-12...- ~ 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 th~ C.L:..mi~sion Kathie G. Brooks, Interim City Manager ~~ / ~~~?.ND HEARING /"I"' PUBLIC HEARING July 18, 2012 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 withdrawing the item. 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 qesigned by Henry Hohauser and constructed in 1939, and the Splendor designed by M.J. Nadel and R.M. Norden and built in 1936, are contributing historic structures, which require review and approval by the Historic Preservation Board (HPB) for any re-development. The Applicants had previously received HPB approval (pursuant to HPB Order No. 5477) to redevelop the Collins Avenue properties, to be known as the Tides Village. The Applicants now wish to unify all the Properties and have the main entry through the grand fac;ade and lobby of 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 594 City Commission Memorandum -1220 Ocean Drive. MEM02 July 18, 2012 Page 2of3 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 121h Street, any ground-level access would have to either: (1) utilize sidewalks on Ocean Drive and 121h 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. 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. 595 City Commission Memorandum -1220 Ocean Drive. MEM02 July 18, 2012 Page 3of3 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 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 withdrawing the item. JMG/JGG/FHB/JJF/RWS/DW T:\AGENDA\2012\7-18-12\1220 Ocean Drive-MEM02.docx 596 R7 -Resolutions R?B A Resolution Setting 1) The Proposed Operating Millage Rate; 2) The Required Debt Service Millage Rate; 3) The Calculated "Rolled-Back" Rate; And, 4) The Date, Time, And Place Of The First Public Hearing To Consider The Millage Rates And Budgets For Fiscal Year (FY) 2012/13; Further Authorizing The City Manager To Transmit This Information To The Miami-Dade County Property Appraiser In The Form Required By Section 200.065, Florida Statutes. (Budget & Performance Improvement) (Memorandum & Resolution to be Submitted in Supplemental) 597 1 Agenda ltem.----!8~7.::-~-­ Date 7--!P-/2.. THIS PAGE INTENTIONALLY LEFT BLANK 598 Condensed Title: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT SETTING 1) THE PROPOSED GENERAL OPERATING MILLAGE RATE FOR THE NORMANDY SHORES NEIGHBORHOOD IMPROVEMENT DISTRICT; 2) THE CALCULATED ROLLED-BACK RATE; AND, 3) THE DATE, TIME AND PLACE OF THE FIRST PUBLIC HEARING TO CONSIDER THE OPERATING MILLAGE RATE AND BUDGET FOR FISCAL YEAR (FY) 2012/13; FURTHER AUTHORIZING THE CITY MANAGER TO TRANSMIT THIS INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER IN THE FORM REQUIRED BY SECTION 200.065, FLORIDA STATUTES Key Intended Outcome Supported: Increase visibility of police; Maintain crime rates at or below national trends Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Community Survey, both residents and businesses reported the following areas for the City to address in an effort to improve public safety: • Preventing crime (Residents: 44.9%, Business: 43.9%) Issue: Shall the Mayor and City Commission, acting in its capacity as the Board of Directors for the Normandy Shores Local Government Neighborhood Improvement District, adopt the attached resolution which sets the Proposed General Operating Millage Rate; the Calculated Rolled-Back Rate; and sets the date, time and place for the first public hearing? Item Summary/Recommendation: The proposed ad valorem millage recommended by the Administration is 1.14 78 mills to provide the current level of security required by this district. The rolled-back rate is the millage rate required to produce the same level of property tax revenue on FY 2012/13 as anticipated to be collected in FY 2011/12 based on adjusted values as of July 1, 2012. The rolled-back rate is calculated as 1.0063 or 0.0872 mills less than the millage rate of 1.0935 adopted for FY 2011/12. The increase in the FY 2012/13 proposed millage rate is due to the maintenance of homeowner-requested cameras and security gates, the estimated impact of the living wage ordinance on the security contract expenses, and Property Management charges primarily due to personnel cost increases. The required millage without the homeowner-requested additional security and the living wage increase is 1.0588 (0.0347 mills below the FY 2011/12 rate). The FY 2012/13 proposed millage rate is above the maximum millage rate of 1.0513 allowed to be adopted by a majority vote, and will therefore require a 5/7 vote. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 ~~-If I 2 OBPI Total Financial Impact Summary: The increase of 0.0543 mills from the prior year millage represents an annual increase of $15.50 to the City average 2012 homesteaded property of $285,517 taxable value (estimate based on Ad Valorem Assessment Roll as of January, 2011 ), for a total of approximately $327 per year ($27 per month). This tax levy will generate proceeds of $129,000. The total operating expenditures to provide the current service level to this district is $188,000 for FY 2012/13. The City of Miami Beach General Fund is required to provide 35% of the total operating expenditures ($65,800), and the City has funded the 35% for each of the nineteen years since the District was established. The amount provided by the General Fund for this purpose in FY 2011/12 was $58,406 . . . City Clerk's Off1ce Leg1slat1ve Tracking: s· Off lgn-s: Department Director Assistant City Manager City)Janager 4/AIL. i' £/' I C9 MIAMI BEAC:H 599 AGENDAITEM R7C.. DATE 1-/ g.../L m MIAMI BEACH Mayor Matti Herrera Bower and Members of the City Commission Kathie G Brooks, Interim City Manager/~~ . July 18, 2012 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT SETTING 1) THE PROPOSED GENERAL OPERATING MILLAGE RATE FOR THE NORMANDY SHORES NEIGHBORHOOD IMPROVEMENT DISTRICT; 2) THE CALCULATED ROLLED-BACK RATE; AND, 3) THE DATE, TIME AND PLACE OF THE FIRST PUBLIC HEARING TO CONSIDER THE OPERATING MILLAGE RATE AND BUDGET FOR FISCAL YEAR (FY) 2012/13; FURTHER AUTHORIZING THE CITY MANAGER TO TRANSMIT THIS INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER IN THE FORM REQUIRED BY SECTION 200.065, FLORIDA STATUTES ADMINISTRATION RECOMMENDATION The Administration recommends that the Mayor and City Commission, acting in its capacity as the Board of Directors for the Normandy Shores Local Government Neighborhood Improvement District, adopt the attached resolution which authorizes the City Manager to transmit the following information to the Miami-Dade County Property Appraiser: 1) Proposed Operating Millage Rate of the Normandy Shores Neighborhood Improvement District for FY 2012/13: General Operating 1.1478 mills (1.0935) last year 2) "Rolled-Back" Rate (Truth In Millage) 1.0063 mills 3) The first public hearing to consider the proposed Normandy Shores Neighborhood Improvement District operating millage rate and tentative budget for FY 2012/13 shall be held on Wednesday, September 12, 2012 at 5:02 P.M., in the City Commission Chambers, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. 600 FY 2012/13 Normandy Shores Proposed Millage Rate July 18, 2012 Page 2 of 4 BACKGROUND The Normandy Shores Local Government Neighborhood Improvement District, a dependent taxing district of its principal, the City of Miami Beach, was established in 1994 to provide continual 24-hour security to this gated community; FY 2012/13 represents its nineteenth year of operation. It was established by Ordinance 93-2881 , and has the authority "to levy an ad-valorem tax on real and personal property of up to two mills, provided that no parcel of property will be assessed more than $500 annually for such improvements". During FY 1998/99 the amount of annual funding to be provided by the City and the dependent status of the District were issues discussed by the Finance and Citywide Projects Committee. A determination was reached that the City would fund 35% of the annual cost of the operation of the community gate guard. This cost will eventually be funded from the golf course operation of the Normandy Shores Golf Course. It was further agreed that the City would continue to supplement the District at current levels until both issues were resolved. On August 29, 2002, the Administration met with the Normandy Shores Local Government Neighborhood Improvement District representatives and agreed to eliminate the $500 cap on the highest valued home in the District. The enabling legislation was adopted by the Commission on September 25, 2002. This ensures that the City's contribution from the General Fund remains at 35% of the operating budget of the District. Statutory Requirement FS 200.065, entitled "Method of Fixing Millage" establishes specific guidelines that must be used by all local government entities, including dependent taxing districts like Normandy Shores in setting its millage (property tax) rates. Not unlike its principal taxing authority (City of Miami Beach), Normandy Shores is also required to transmit within 35 days from receipt of the Certification of Taxable Value (received July 1, 2012), to the Miami-Dade County Property Appraiser, a proposed operating millage rate, the calculated rolled-back rate and the date, time, and place of the first public hearing to consider the proposed operating millage rate and tentative budget for FY 2012/13. After setting the proposed operating millage rate for Normandy Shores, the City Commission may, at any time prior to the final adoption, lower the millage rate; however any increase above the proposed millage rate of 1.1478, if adopted, would require an expensive mailing and advertising process to each property owner of Normandy Shores. Therefore, this proposed millage rate is viewed as the ceiling. The rolled-back rate is the millage rate required to produce the same level of property tax revenue on FY 2012/13 as collected in FY 2011/12. The rate is calculated as 1.0063, or 0.1415 mills less than the millage rate adopted for FY 2011/12. It is important to note that the January 1, 2011 tax roll for Normandy Shores declined by almost $730,000 (0.7%) between the July 1, 2011 valuation and the July 1, 2012 valuation due to appeals, adjustments, etc., which resulted in the FY 2011/12 "roll-back rate" being slightly lower than the FY 2011/12 current millage rate if just adjusted for the increase in revenues above the FY 2011/12. Further, pursuant to State Statute, the City may elect to approve millage rates above the 601 FY 2012/13 Normandy Shores Proposed Millage Rate July 18, 2012 Page 3 of 4 roll-back rate up to the constitutional cap of 1 0 mills subject to the following votes by the Commission or referendum: • Option 1: A majority of the approval of the Commission Millage is required to approve a millage up to 1.0513 (equivalent to a 0.55% increase in Property Tax revenues). The 0.55% increase is the state per capita personal income gain for the prior calendar year. • Option II: A two-thirds approval (5 of 7 votes) of the Commission is required to approve a millage up to 1. 1564 (equivalent to a 1 0% increase in Property Tax revenues above Option 1). • Option Ill: A unanimous approval of the Commission or referendum is required to approve a millage above 1.1564 mills The proposed rate of 1.14 78 requires therefore a two-thirds approval ( 5 of 7 votes) of the Commission. ANALYSIS On July 1, 2012, the City received the 2011 Certification of Taxable Value from the Property Appraiser's Office stating that the taxable value for Normandy Shores is $112,393,414, which includes a reduction of $283,196 to new construction, renovation, etc. The preliminary value represents an increase of $7,981,561 from the July 1, 2011 Certification of taxable Value of $104,411,853 (7.6 percent) and an increase of 8.4 percent over 2011's July 2012 value of $103,688,864. Operating Millage and Budget The proposed ad valorem millage recommended by the Administration is 1.1478 mills to provide the current level of security required by this district. This tax levy will generate proceeds of $129,000. The increase of 0.0543 mills from the prior year millage represents an annual increase of $15.50 to the City average 2012 homesteaded property of $285,517 taxable value (estimate based on Ad Valorem Assessment Roll as of January, 2011 ), a total of approximately $327 per year ($27 per month). The total operating expenditures to provide the current service level to this district is $188,000 for FY 2012/13. The City of Miami Beach General Fund is required to provide 35% of the total operating expenditures ($65,800), and the City has funded the 35% for each of the nineteen years since the District was established. The amount provided by the General Fund for this purpose in FY 2011/12 was $58,406. The $188,000 in FY 2012/13 represents a $21,125 increase (12.6%) from the FY 2011/12 budget of $166,875, due to maintenance of homeowner-requested cameras and security gates, the estimated impact of the living wage ordinance on the security contract expenses, and Property Management charges primarily due to personnel increases. For the Normandy Shores taxing District, the value for each mill ($1.00 of ad valorem tax for each $1,000 of property value) is determined by the 2012 Certification of Taxable Value and has been set at $112,393. Florida Statutes permit a discount of up to five percent for early payment discounts, delinquencies, etc. Therefore, the 95 percent value of the mill is $106,773. Accordingly, 1.1478 mills are required to generate $129,000 in property tax 602 FY 2012/13 Normandy Shores Proposed Millage Rate July 18, 2012 Page 4 of 4 revenues by the district. The required millage without the homeowner-requested additional security and the living wage increase is 1.0588 (0.0347 mills below the FY 2011/12 rate). First Public Hearing The first public hearing on the proposed operating millage rate and tentative budget for FY 2012/13 must be held no later than 80 days (September 18th) or earlier than 65 days (September 3rd) from the start of the TRIM calendar (July 1st). Other guidelines are: 1) The public hearing cannot be scheduled on a Sunday or on those days utilized by Miami-Dade County or the Miami-Dade County School Board for their public hearing; 2) If on a day other than Saturday, it must be held after 5:00 P.M.; and 3) must be held immediately following discussion of the tentative millage and budget of its principal taxing authority (City of Miami Beach). Based on these guidelines, the first hearing must be held between September 3rd and September 18th. These dates are unavailable for the following reasons: September 9 and 16 September 6 and 20 September 5 Sundays Proposed dates for Miami-Dade County Public Hearing Miami-Dade County School Board Public Hearing Of the remaining days, it is recommended that the first public hearing be set for Wednesday, September 12, 2012 at 5:02 P.M., in the City Commission Chambers, City Hall, 1700 Convention Center Drive, immediately following the City of Miami Beach's public hearing. JMG:KB:JC 603 RESOLUTION TO BE SUBMITTED 604 JOSE SMITH, CITY ATTORNEY OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower Members of the City Commission FROM: Jose Smith, City Atto DATE: July 18, 2012 SUBJECT: Resolution Regarding Ballot Question Establishing the City Clerk as a Charter Officer Pursuant to the direction of the City Commission at the June 6, 2012 City Commission meeting, the attached Resolution has been drafted for the City Commission's consideration. The Resolution sets forth a ballot question for the City's November 6, 2012 Special Election amending the City Charter to establish the City Clerk as a Charter Officer appointed and removed by, and accountable to, the City Commission instead of the City Manager. The proposed Charter Amendment would also transfer from the City Manager to the City Clerk the power to supervise and control the Clerk's Office and to appoint and remove unclassified personnel therein. JS/DT/mem 605 · Agenda ltem_...~-8..:....7~D:::::;..__ Date J~ti'-{2- RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 6, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER MIAMI BEACH CITY CHARTER ARTICLES II AND IV SHOULD BE AMENDED TO ESTABLISH THE CITY CLERK AS A CHARTER OFFICER RESPONSIBLE FOR PERFORMING DESIGNATED DUTIES, WHOSE COMPENSATION SHALL BE ESTABLISHED BY ORDINANCE, AND WHEREBY THE CLERK SHALL BE APPOINTED AND REMOVED BY, AND ACCOUNTABLE TO, THE CITY COMMISSION INSTEAD OF THE CITY MANAGER; AND THE POWER TO SUPERVISE AND CONTROL THE CLERK'S OFFICE, AND TO APPOINT AND REMOVE UNCLASSIFIED PERSONNEL THEREIN, SHALL BE TRANSFERRED FROM THE CITY MANAGER TO THE CITY CLERK. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00a.m. to 7:00p.m. on Tuesday, November 6, 2012, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated SECTION 3. That the said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts in which the official registration books show that the said electors reside. SECTION 4. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of 606 Miami-Dade County. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 8ih Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 5. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of §50.031 and §100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 6. The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00A.M. UNTIL 7:00P.M. ON THE 61h DAY OF NOVEMBER, 2012, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: ESTABLISHING CITY CLERK AS A CHARTER OFFICER SHALL THE CHARTER BE AMENDED TO ESTABLISH THE CITY CLERK AS A CHARTER OFFICER RESPONSIBLE FOR PERFORMING DESIGNATED DUTIES, WHOSE COMPENSATION SHALL BE ESTABLISHED BY ORDINANCE, AND WHEREBY: • THE CLERK SHALL BE APPOINTED AND REMOVED BY, AND ACCOUNTABLE TO, THE CITY COMMISSION INSTEAD OF THE CITY MANAGER; AND • POWER TO SUPERVISE AND CONTROL THE CLERK'S OFFICE, AND TO APPOINT AND REMOVE UNCLASSIFIED PERSONNEL THEREIN, SHALL BE TRANSFERRED FROM THE CITY MANAGER TO THE CITY CLERK? _____ YES _____ NO 2 607 SECTION 7. That the official ballot to be used in the Special Election to be held on November 6, 2012, hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" ESTABLISHING CITY CLERK AS A CHARTER OFFICER SHALL THE CHARTER BE AMENDED TO ESTABLISH THE CITY CLERK AS A CHARTER OFFICER RESPONSIBLE FOR PERFORMING DESIGNATED DUTIES, WHOSE COMPENSATION SHALL BE ESTABLISHED BY ORDINANCE, AND WHEREBY: • THE CLERK SHALL BE APPOINTED AND REMOVED BY, AND ACCOUNTABLE TO, THE CITY COMMISSION INSTEAD OF THE CITY MANAGER; AND • POWER TO SUPERVISE AND CONTROL THE CLERK'S OFFICE, AND TO APPOINT AND REMOVE UNCLASSIFIED PERSONNEL THEREIN, SHALL BE TRANSFERRED FROM THE CITY MANAGER TO THE CITY CLERK? SECTION 8. That the absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee voting. SECTION 9. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 10. If any section, sentence, clause or phrase of the proposed ballot measure 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 said ballot measure. 3 608 SECTION 11. This Resolution shall be effective upon its passage. PASSED and ADOPTED this ___ day of ________ , 2012. ATTEST: RAFAEL E. GRANADO, CITY CLERK (Requested by Commissioner Deede Weithorn) F:\ATTO\TURN\BALLOT.QUESTIONS\CityCierkCharterOfficer.doc 4 609 MATTI HERRERA BOWER, MAYOR APPROVED AS TO FORM & LANGUAGE & FOR ECUTION ,~~~~---· 71~Y~~ ---.u=:.~;my t rney,~ Da PROPOSED BALLOT TITLE AND BALLOT SUMMARY NOVEMBER 6, 2012 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: ESTABLISHING CITY CLERK AS A CHARTER OFFICER SHALL THE CHARTER BE AMENDED TO ESTABLISH THE CITY CLERK AS A CHARTER OFFICER RESPONSIBLE FOR PERFORMING DESIGNATED DUTIES, WHOSE COMPENSATION SHALL BE ESTABLISHED BY ORDINANCE, AND WHEREBY: • THE CLERK SHALL BE APPOINTED AND REMOVED BY, AND ACCOUNTABLE TO, THE CITY COMMISSION INSTEAD OF THE CITY MANAGER; AND • POWER TO SUPERVISE AND CONTROL THE CLERK'S OFFICE, AND TO APPOINT AND REMOVE UNCLASSIFIED PERSONNEL THEREIN, SHALL BE TRANSFERRED FROM THE CITY MANAGER TO THE CITY CLERK? II. PROPOSED CHARTER TEXT: ARTICLE II. CITY COMMISSION * * * Sec. 2.03. Powers of the city commission. All powers of the City shall be vested in the City Commission except those powers specifically given to the Mayor, the City Manager, and to the City Attorney, and the City Clerk. as provided in this Charter and except those powers specifically reserved in this Charter to the electors of the City. Moreover, the City Commission shall have all powers and privileges not inconsistent herewith, granted to the City Commission of cities and towns by the general laws of the State of Florida, and shall have power to do and perform all things necessary for the government of the City not inconsistent with the constitution of the State of Florida, the Constitution and laws of the United States, and the terms and provisions of this Charter. The City Commission shall appoint a City Manager aM-.. a City Attorney, and a City Clerk; the City Commission shall have the power to remove the City Manager .. aflEifof City Attorney, and/or City Clerk at any time by a majority vote of the Commission, or, in the event of an employment agreement between the parties removal shall occur pursuant to the terms of said agreement. The Commission may also investigate the official acts and conduct of any City official, and by similar investigations may secure information upon any matter. In conducting such investigations, the Commission may require the attendance of witnesses and the production of books, papers and other evidence. The independent City Auditor shall be appointed by the City Commission; both appointment 5 610 and removal of the independent City Auditor shall be made by the City Commission. Duties, method of selection and method of compensation of the independent City Auditor shall be established by ordinance. * * * ARTICLE IV. CITY MANAGER, CITY CLERK AND ADMINISTRATIVE ORGANIZATION * * * Sec. 4.02. City manager-Functions and powers. The City Manager shall be the chief executive officer and head of the administrative branch of the City government. Except as specifically provided otherwise in this Charter, the City Manager shall be responsible to the City Commission for the proper administration of all affairs of the City. The functions and powers of this office shall be: (a) To see that the laws and ordinances are enforced. (b) To appoint all directors of the several departments now existing, or to be created, with the consent of the City Commission, and to remove the same at will, except for the Legal Department and the City Clerk's Office. (c) To appoint and remove, at will, the division heads of departments or divisions now existing or to be created by law or ordinance, except for the Legal Department and the City Clerk's Office. (d) To appoint and remove at will, all other officers or employees in the unclassified service of the City, except the Mayor and City Commissioners, or those individuals appointed by the Commission, the employees in the Mayor's Office who are in the unclassified service for whom the Mayor shall be the appointing authority, aA4 the unclassified personnel in the Legal Department who shall be appointed and removed by the City Attorney, and the unclassified personnel in the City Clerk's Office who shall be appointed and removed by the City Clerk. (e) To attend all meetings of the City Commission, with the right to take part in the discussion, but having no vote. (f) To recommend to the City Commission for adoption, such measures as he/she may deem necessary or expedient. (g) To keep the City Commission fully advised as to the financial condition and needs of the City. (h) To have (general and special supervision and control), subject to the control by the City Commission, of the several departments now existing, except for the Legal Department and the City Clerk's Office, or hereafter to be created, and the City Manager shall be the purchasing agent of the City, with authority to delegate such duty. (i) To negotiate all contracts and agreements in which the City is a party subject to the approval of the City Commission. 6 611 U) The City Manager shall account to the City Commission for the conduct and acts of the several departments now existing, or hereafter to be created, and he/she shall have supervision and control of the heads of the said departments, and such heads as appointed by the City Manager shall be accountable to the City Manager for the conduct and acts of their departments, except for the Legal Department and the City Clerk's Office. (k) To perform such other duties as may be prescribed by the City Commission by ordinance or resolution and which are not in conflict with the duties of the City Clerk. Sec. 4.03. City Clerk; appointment and compensation. The City Clerk shall be appointed by the City Commission and shall be the Department head of the City Clerk's Office. The City Clerk's compensation shall be fixed by the City Commission by ordinance. Sec. 4.04. City Clerk; duties and authority. The City Clerk shall have the following duties and authority: @}. To give notice of, attend, and keep minutes of all City Commission meetings. !.Ql To serve as the City of Miami Beach's official Records Custodian. 1m To maintain records of the City Commission. Citv Boards, and City Committees. @ To perform all duties and functions relative to municipal elections in accordance with applicable state. county. and city law . .(§} To appoint all personnel in the City Clerk's Office and to appoint and remove. at will. all unclassified personnel in the City Clerk's Office. To have supervision and control of the City Clerk's Office subject to the control of the Citv Commission and consistent with the provisions of the City Code and City Charter. ill To perform such other duties as the City Commission may prescribe from time to time which are not in conflict with the duties of the City Manager. .(g). To maintain the seal of the City of Miami Beach and attest the signatures of the Mayor and City Manager. as the case may be. on all documents if needed . .(h). To otherwise account to the City Commission for the conduct and acts of the Citv Clerk's Office. ill To perform such other professional duties as may be required of him/her by ordinance or resolution of the Commission or by this Charter. 7 612 COMMISSION ITEM SUMMARY Condensed Title: A Resolution calling for a November 6, 2012 special election, for the purpose of submitting to the electorate of the City of Miami Beach, Florida a question asking whether the Miami Beach City Charter section 1.06 should be created to require that any change to Chapter 118, Article II, Division 4 of the City Code ("Historic Preservation Board"), or to Chapter 118, Article X, Divisions 1-4 ("Historic Preservation"), that reduces the powers and duties of the board, or creates less stringent Historic Preservation standards or regulations, shall, before becoming effective, be approved by a majority of voters in a Citywide election? A Resolution calling for a November 6, 2012 special election, for the purpose of submitting to the electorate of the City of Miami Beach, Florida a question asking whether Miami Beach City Charter section 1.03 should be amended to require that any change to the city's land development regulations that allows increased maximum building heights in local historic districts shall, before becoming effective, be approved by a majority of voters in a Citywide election? Key Intended Outcome Supported: Maintain strong Development Management Policies Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: I Whether to Adopt the Resolutions? Item Summary/Recommendation: The proposed Charter amendments will require that any ordinance amendment to the LOR's that either reduce the powers and duties of the Historic Preservation Board or that create less stringent historic preservation standards or regulations or that increase the maximum building height in local historic districts must first be approved by a majority of votes in a Citywide election. ADOPT THE RESOLUTIONS. Joint Neighborhoods I Community Affairs & Land Use and Development Committees Financial Information: Source of Amount Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin Jorge Gomez, ext. 6150 s· Off 1gn-s: Department Director Assi-•-• '1ty Manager 'Wl/7 JGG .t'f/1/1 T:\AGENDA\2012\7-18-12\Hei ht and HP Ballot Questions Summa .docx g ry MIAMI BEACH 613 Account Ci%Manager KGB ~ /I' AGENDA ITEM ---~.R~J~E:-­ DATE 1-ff'-/2- (9 MIAMIBEACH TO: FROM: DATE: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager .Jf' A* . July 18, 2012 -// SUBJECT: A RESOLUTION CALLING FOR A NOVEMBER 6, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER THE MIAMI BEACH CITY CHARTER SECTION 1.06 SHOULD BE CREATED TO REQUIRE THAT ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 OF THE CITY CODE ("HISTORIC PRESERVATION BOARD"), OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1-4 ("HISTORIC PRESERVATION"), THAT REDUCES THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS, SHALL, BEFORE BECOMING EFFECTIVE, BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? A RESOLUTION CALLING FOR A NOVEMBER 6, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER MIAMI BEACH CITY CHARTER SECTION 1.03 SHOULD BE AMENDED TO REQUIRE THAT ANY CHANGE TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL, BEFORE BECOMING EFFECTIVE, BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? ADMINISTRATION RECOMMENDATION Adopt the resolutions and refer the attached ordinance to the Planning Board with a review by the Historic Preservation Board prior to City Commission First Reading. BACKGROUND The proposed amendment was originally referred to a joint meeting of the Neighborhoods/Community Affairs and Land Use Committees by the City Commission on June 1, 2011, at the request of Mayor Bower. The Joint Committee met on July 7, 2011 and considered two specific charter amendments requiring voter approval before allowing increased building heights or enacting less stringent standards for historic preservation. After discussing the issues, the Joint Committee passed a motion, by acclimation, moving the item to the full Commission without a recommendation. 614 Memorandum to the City Commission on Height and HP Ballot Questions July 18, 2012 Page 2 of4 On July 13, 2011, the City Commission discussed the ballot questions relating to the two charter amendments and voted to defer the matter to the June 2012 Commission Meeting. Furthermore, Mayor Bower requested that the Land Use and Development Committee and the Neighborhood/Community Affairs Committee discuss the proposed charter amendments no later than May 2012 in order for the item to be ready for presentation at the June 2012 Commission meeting. At the December 14, 2011 City Commission meeting, Mayor Bower referred to the Land Use and Development Committee and Neighborhoods/Community Affairs Committee the two proposed charter amendments that would strengthen the existing protections for Historic Preservation In Miami Beach. At the same meeting, Commissioner Wolfson also referred to the Land Use and Development Committee a proposal to put the Historic Preservation Board enabling language in the charter to protect the composition and existence of our city's preservation mechanism. At the March 27, 2012 Neighborhood/Community Affairs Committee (NCAC) meeting, the Committee moved to recommend the charter amendment dealing with the City's Historic Preservation process to the full City Commission for its consideration and vote on whether to place it on the August ballot. The motion also included that the charter amendment dealing with heights return to Committee for further discussion in April. The Committee also requested that an ordinance amendment be prepared that would deal with the Board member categories stipulating which ones the Commission would determine would be required to formally constitute the Board and changes thereto would trigger the Charter provision of referendum. At the March 28, 2012 Land Use and Development Committee (LUDC) meeting, the Committee also moved to recommend the charter amendment dealing with Historic Preservation to the full City Commission and return to Committee in April; with further discussion on the charter amendment dealing with heights. Both Committees requested that the charter amendment dealing with heights be presented as a series of alternatives for consideration by the LUDC and NCAC and if possible, conduct it as a joint meeting of both Committees. At a joint meeting of the Neighorhood/Community Affairs and Land Use and Development Committees on April 24, 2012, the Committees recommended the subject ballot question dealing with heights for consideration by the City Commission. At the June 13, 1 012 Land Use and Development Committee meeting, the item was not reached. At the May 9, 2012 City Commission meeting, a discussion regarding a possible charter amendment restricting the manner in which changes to current Land Use Regulations can be made was referred to the Land Use and Development Committee. 615 Memorandum to the City Commission on Height and HP Ballot Questions July 18, 2012 Page 3 of4 ANALYSIS The first proposed charter amendment; drafted in consultation with the City Attorney's Office addresses both the requests made by Mayor Bower and Commissioner Wolfson to protect the City's Historic Preservation processes. 1. Historic Preservation Regulations CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE ENACTING LESS STRINGENT STANDARDS FOR HISTORIC PRESERVATION. SHALL THE CHARTER BE AMENDED TO REQUIRE THAT, AFTER NOVEMBER 7, 2012, BEFORE BECOMING EFFECTIVE, ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 OF THE CITY CODE ("HISTORIC PRESERVATION BOARD"), OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1-4, OF THE CODE ("HISTORIC PRESERVATION"), WHICH REDUCES THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS, FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? As discussed in Committee, this Charter amendment, not unlike the Charter provision that deals with the ethics ordinance, will require that any future amendment to the Land Development regulations that diminishes the powers and duties of the Historic Preservation Board or creates a less stringent historic preservation standard or regulation must be approved by referendum before it can become effective. These standards and regulations are contained in Chapter 118, Article X, Divisions I through 4 and include the intent and purpose of the Board, the Board's review of projects, the regulations pertaining to the issuance of Certificate of Appropriateness for demolition and the Boards' process for designation among others. This Charter amendment does not include Division 5 of Article X that deals with the Single Family Ad Valorem Tax Exemption provision of the Code. This Charter provision also applies to Chapter 118, Article II, Division 4 which include the HPB's authority, powers and duties, membership, etc. With respect to the Board membership, both the NCAC and LUDC discussed the composition of the Board and if changing the membership of the Board would be considered a less stringent modification. After much discussion, Mayor Bower requested that an ordinance amendment be prepared that would define which of the 6 membership categories, if amended, would trigger the referendum. The draft Ordinance is attached and the Administration is seeking policy direction on which of the categories should be designated as "charter'' members. The second proposed charter amendment, prepared after the original referral on June 1, was refined by the Mayor's Office in consultation with the City Attorney's Office to focus on the issue of increases to the height regulations. 616 Memorandum to the City Commission on Height and HP Ballot Questions July 18, 2012 Page 4 of4 2. Height Restrictions CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE ALLOWING INCREASED BUILDING HEIGHTS, EXCEPT FOR CITY PROPERTY. SHALL THE CHARTER BE AMENDED SO THAT, BEFORE BECOMING EFFECTIVE, ANY CHANGE TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? After discussion by both the LUDC and NCAC, this proposed Charter amendment was modified to deal with increases in height regulations within the City's local historic districts. This amendment would require a referendum for any proposed ordinance that would increase the maximum building height regulations for those districts within a local historic district. As discussed in Committee this would not apply to amendments that deal with the various height exemptions for those structures that may exceed the maximum building heights like chimneys, wind turbines, rooftop mechanical rooms, etc. This proposed Charter amendment would also not apply to other height modifications that do not change a district's maximum building heights. CONCLUSION The Administration recommends adoption of the resolutions and requests that the City Commission refer the draft ordinance amendment dealing with the Historic Preservation Board member categories and amendments thereto that trigger the referendum, to the Planning board for their required review. The Administration would also recommend that such proposed ordinance be also reviewed by the Historic Preservation Board for their comments. The deadline for placing ballot questions on the November 6, 2012, general election is July 24, 2012. KGB/J~ T:\AGENDA\2012\7-18-12\Height and HP Ballot Questions City Commn mem 7-18-12.docx 617 RESOLUTION NO.------ A RESOLUTION CALLING FOR A NOVEMBER 6, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER THE MIAMI BEACH CITY CHARTER SECTION 1.06 SHOULD BE CREATED TO REQUIRE THAT ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 OF THE CITY CODE ("HISTORIC PRESERVATION BOARD"), OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1-4 ("HISTORIC PRESERVATION"), THAT REDUCES THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS, SHALL, BEFORE BECOMING EFFECTIVE, BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 6, 2012, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. SECTION 3. That the said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts in which the official registration books show that the said electors reside. SECTION 4. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. Each person desiring to become a registered 618 voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Dora!, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 5. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of §50.031 and §100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 6. The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00P.M. ON THE 6TH DAY OF NOVEMBER, 2012, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: VOTER APPROVAL REQUIRED TO REDUCE HISTORIC PRESERVATION BOARD POWERS AND DUTIES OR HISTORIC PRESERVATION STANDARDS. SHALL CHARTER SECTION 1.06 BE AMENDED TO REQUIRE THAT ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 ("HISTORIC PRESERVATION BOARD") OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1-4 ("HISTORIC PRESERVATION") OF THE CITY CODE, WHICH REDUCES THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS, SHALL, BEFORE BECOMING EFFECTIVE, BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? SECTION 7. ____ YES ____ NO That the official ballot to be used in the Special Election to be held on November 6, 2012, hereby called, shall be in substantially the following form, to-wit: 2 619 "OFFICIAL BALLOT" VOTER APPROVAL REQUIRED TO REDUCE HISTORIC PRESERVATION BOARD POWERS AND DUTIES OR HISTORIC PRESERVATION STANDARDS. SHALL CHARTER SECTION 1.06 BE AMENDED TO REQUIRE THAT ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 ("HISTORIC PRESERVATION BOARD"), OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1-4 ("HISTORIC PRESERVATION"), OF THE CITY CODE, WHICH REDUCES THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS, SHALL, BEFORE BECOMING EFFECTIVE, BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? SECTION 8. _____ YES _____ NO That the absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee voting. SECTION 9. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 10. If any section, sentence, clause or phrase of the proposed ballot measure 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 said ballot measure. SECTION 11. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this ___ day of ________ , 2012. ATTEST: RAFAEL GRANADO, CITY CLERK (Requested by Mayor Matti Herrera Bower) MATTI HERRERA BOWER, MAYOR APPROVED AS TO FORM & LANGUAGE &FOREX~fTf . "l. '-l___,~~fl;f;i~ty:IA\+.tt;:::o::::rn:;e:;y--ate T:\AGENDA\2012\7-18-12\Ballot Question-Historic Preservation Reso (7-18-12) REV3.doc 3 620 PROPOSED BALLOT TITLE AND BALLOT SUMMARY NOVEMBER 6, 2012 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: VOTER APPROVAL REQUIRED TO REDUCE HISTORIC PRESERVATION BOARD POWERS AND DUTIES OR HISTORIC PRESERVATION STANDARDS. SHALL CHARTER SECTION 1.06 BE AMENDED TO REQUIRE THAT, ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 ("HISTORIC PRESERVATION BOARD"), OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1-4 ("HISTORIC PRESERVATION"), OF THE CODE, WHICH REDUCES THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS, SHALL, BEFORE BECOMING EFFECTIVE, BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? _____ YES _____ NO II. PROPOSED CHARTER TEXT: Sec. 1.06. Public vote required prior to enacting reduced powers and duties for Historic Preservation Board, or less stringent historic preservation standards or regulations. Any change to City Code Chapter 118. Article II, Division 4, "Historic Preservation Board." or City Code Chapter 118. Article X. Divisions 1-4. "Historic Preservation," which. whether through amendment, exemption. repeal, or otherwise. reduces the powers and duties of the City's Historic Preservation Board. or creates less stringent historic preservation standards or regulations. shall, before becoming effective be approved by a majority of the voters in a Citywide referendum. T:\AGENDA\2012\7-18-12\Eiection Proposed Ballot Question and Text (2012)-Historic Preservation (7-18-12) REV3.doc 621 RESOLUTION NO.------ A RESOLUTION CALLING FOR A NOVEMBER 6, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER MIAMI BEACH CITY CHARTER SECTION 1.03 SHOULD BE AMENDED TO REQUIRE THAT ANY CHANGE TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL, BEFORE BECOMING EFFECTIVE, BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 6, 2012, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. SECTION 3. That the said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts in which the official registration books show that the said electors reside. SECTION 4. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections 622 Office, 2700 N.W. 8th Avenue, Dora!, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 5. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of §50.031 and §100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 6. The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00A.M. UNTIL 7:00P.M. ON THE 61h DAY OF NOVEMBER, 2012, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: VOTER APPROVAL REQUIRED BEFORE ALLOWING AN INCREASE TO MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL CHARTER SECTION 1.03 BE AMENDED TO REQUIRE THAT ANY CHANGE TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL, BEFORE BECOMING EFFECTIVE, BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? SECTION 7. ____ YES ____ NO That the official ballot to be used in the Special Election to be held on November 6, 2012, hereby called, shall be in substantially the following form, to-wit: 2 623 "OFFICIAL BALLOT" VOTER APPROVAL REQURIED BEFORE ALLOWING AN INCREASE TO MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL CHARTER SECTION 1.03 BE AMENDED TO REQUIRE THAT ANY CHANGE TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL, BEFORE BECOMING EFFECTIVE, BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? _____ YES _____ NO SECTION 8. That the absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee voting. SECTION 9. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 10. If any section, sentence, clause or phrase of the proposed ballot measure 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 said ballot measure. SECTION 11. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this ___ day of--------' 2012. ATTEST: MATTI HERRERA BOWER, MAYOR RAFAEL GRANADO, CITY CLERK (Requested by Mayor Matti Herrera Bower) T:\AGENDA\2012\7-18-12\Ballot Question-Height Restrictions Reso (7-18-12) REV2.doc 3 624 PROPOSED BALLOT TITLE AND BALLOT SUMMARY NOVEMBER 6, 2012 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: VOTER APPROVAL REQUIRED BEFORE ALLOWING AN INCREASE TO MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL CHARTER SECTION 1.03 BE AMENDED TO REQUIRE THAT ANY CHANGE TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL, BEFORE BECOMING EFFECTIVE, BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? _____ YES _____ NO II. PROPOSED CHARTER TEXT: Sec. 1.03. Powers of City. * * * * (f) Any change to the Land Development Regulations (LOR's) in the City Code which, whether through amendment. exemption, repeal, or otherwise. allows for increased building heights beyond the maximum building heights permitted by, and existing in, the LOR's as of the effective date of this Charter section, within locally designated historic districts. shall, before becoming effective, be approved by a majority of the voters in a Citywide referendum. T:\AGENDA\2012\7-18-12\Eiection Proposed Ballot Question and Text (2012)-Height Restriction (7-18-12) REV2.doc 625 THIS PAGE INTENTIONALLY LEFT BLANK 626 JOSE SMITH, CITY AnORNEY OFFICE OF THE CITY AnOR.NEY COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower Members of the City Commission CC: Kathie Brooks, Interim Ci FROM: Jose Smith, City Attorn y DATE: July 18, 2012 SUBJECT: Resolutions Regarding Ballot Questions Concerning Change in Filing Period for Qualifying Petitions and Waiver of the City's Qualified Fee for Qualified Petitions Attached are two Resolutions amending Resolutions No 2012-27933 and 2012-27934 passed and adopted at the June 6, 2012 City Commission meeting. The attached Resolutions amend and are to be substituted for the previously adopted Resolutions to make certain formatting changes and clarify the questions presented. JS/DT/mem F:\A TIO\SMIJ\COMMISSION MEMOS\Resolutions regarding ballot questions amending city charter provisions re change in filing period and waiver of qualifying fee.docx 627 Agenda Item f</ F Date 7-/9-/2... RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING CITY OF MIAMI BEACH RESOLUTION NO. 2012-27933, AND SUBSTITUTING THIS RESOLUTION THEREFOR CALLING FOR A NOVEMBER 6, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER MIAMI BEACH CITY CHARTER SECTION 6.03 SHOULD BE AMENDED TO CHANGE THE TIME THAT A CANDIDATE QUALIFYING VIA PETITION FOR CITY ELECTED OFFICE MUST FILE SAID PETITION~ FROM NO LATER THAN THE SECOND DAY OF THE FOUR-DAY QUALIFYING PERIOD, TO NO LATER THAN NOON OF THE 14TH DAY PRIOR TO THE FIRST DAY OF SUCH QUALIFYING PERIOD? NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00a.m. to 7:00p.m. on Tuesday, November 6, 2012, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated SECTION 3. That the said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts in which the official registration books show that the said electors reside. SECTION4. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain 628 registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 8ih Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 5. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of §50.031 and §100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 6. The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00A.M. UNTIL 7:00P.M. ON THE 61h DAY OF NOVEMBER, 2012, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: CHANGE OF FILING PERIOD FOR QUALIFYING PETITIONS SHALL CHARTER SECTION 6.03 BE AMENDED TO CHANGE THE TIME THAT A CANDIDATE QUALIFYING VIA PETITION FOR CITY ELECTED OFFICE MUST FILE SAID PETITION, FROM NO LATER THAN THE SECOND DAY OF THE FOUR-DAY QUALIFYING PERIOD, TO NO LATER THAN NOON OF THE 14TH DAY PRIOR TO THE FIRST DAY OF SUCH QUALIFYING PERIOD? _____ YES _____ NO 2 629 SECTION 7. That the official ballot to be used in the Special Election to be held on November 6, 2012, hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" CHANGE OF FILING PERIOD FOR QUALIFYING PETITIONS SHALL CHARTER SECTION 6.03 BE AMENDED TO CHANGE THE TIME THAT A CANDIDATE QUALIFYING VIA PETITION FOR CITY ELECTED OFFICE MUST FILE SAID PETITION, FROM NO LATER THAN THE SECOND DAY OF THE FOUR-DAY QUALIFYING PERIOD, TO NO LATER THAN NOON OF THE 14TH DAY PRIOR TO THE FIRST DAY OF SUCH QUALIFYING PERIOD? SECTION 8. _____ YES _____ NO That the absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee voting. SECTION 9. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 10. If any section, sentence, clause or phrase of the proposed ballot measure 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 said ballot measure. SECTION 11. A. This Resolution shall stand as the operative City legislation scheduling the question set forth hereinabove for placement on the November 6, 2012 City of Miami Beach Special Election ballot, and shall be effective immediately upon its passage. 3 630 B. City of Miami Beach Resolution No. 2012-27933, adopted by the City Commission on June 6, 2012 for the purpose of scheduling the November 6, 2012 Special Election, is hereby amended and the terms and provisions in this Resolution are substituted therefor. PASSED and ADOPTED this ___ day of--------· 2012. ATTEST: RAFAEL E. GRANADO, CITY CLERK (Requested by Commissioner Jonah Wolfson) MATTI HERRERA BOWER, MAYOR APPROVED AS TO FORM & LANGUAGE & FOR ECUTION F:\ATTO\TURN\BALLOT.QUESTIONS\Change of Filing Period for Qualifying Petitions.doc 4 631 PROPOSED BALLOT TITLE AND BALLOT SUMMARY NOVEMBER 6, 2012 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: CHANGE OF FILING PERIOD FOR QUALIFYING PETITIONS SHALL CHARTER SECTION 6.03 BE AMENDED TO CHANGE THE TIME THAT A CANDIDATE QUALIFYING VIA PETITION FOR CITY ELECTED OFFICE MUST FILE SAID PETITION, FROM NO LATER THAN THE SECOND DAY OF THE FOUR-DAY QUALIFYING PERIOD, TO NO LATER THAN NOON OF THE 14TH DAY PRIOR TO THE FIRST DAY OF SUCH QUALIFYING PERIOD? II. PROPOSED CHARTER TEXT: Charter Sec. 6.03. -Qualifying. The City Commission shall cause to be placed on the ballot to be used in the general election the name of any qualified elector of the City residing within the City at least one year prior qualifying and who, within the four (4) consecutive days immediately following the first Monday of September prior to said general election, shall have paid to the City Clerk of the City of Miami Beach the sum equal to seven and one-half percent (7 %%) of the annual salary of the office to which he/she seeks election as a qualifying fee and shall have been photographed and fingerprinted by the identification bureau of the Police Department of the City, unless such person shall file with the City Clerk no later than tAe second day for noon of the 14th day prior to the first day of qualifying as a candidate for such office, a petition approving his candidacy signed by sufficient qualified and registered voters to constitute not less than two percent (2%) of this number of such voters as the same shall be on the date sixty (60) days prior to the first day of qualifying as a candidate for office, and shall have taken, signed and subscribed to an oath or affirmation in writing in which he/she shall state (1) the title of the office for which he/she is a candidate; (2) that he/she is a qualified elector of the City of Miami Beach, Florida and has resided in the City at least one year prior to qualifying via petition; (3) his/her legal residence, by street and number; (4) that he/she is qualified under the ordinances (including Miami Beach City Code Chapter 38 governing "Elections") and Charter of the City of Miami Beach, Florida, to hold the office for which he/she is a candidate. * * 5 632 * RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING CITY OF MIAMI BEACH RESOLUTION NO. 2012- 27934, AND SUBSTITUTING THIS RESOLUTION THEREFOR, CALLING FOR A NOVEMBER 6, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER MIAMI BEACH CITY CHARTER SECTION 6.03 SHOULD BE AMENDED TO PROVIDE THAT IF THE COUNTY ELECTIONS DEPARTMENT HAS NOT ISSUED ITS CERTIFICATE VERIFYING THE REQUIRED NUMBER OF VALID SIGNATURES ON A TIMELY-FILED QUALIFYING PETITION BY 5:00P.M. ON THE SECOND DAY OF THE CITY'S QUALIFYING PERIOD, THE CITY'S 7%% QUALIFYING FEE SHALL BE WAIVED IF THE SUBJECT CANDIDATE OTHERWISE QUALIFIES PURSUANT TO CHARTER SECTION 6.03, WAIVER SUBJECT TO ELECTIONS DEPARTMENT CONFIRMATION THAT THE QUALIFYING PETITION CONTAINED THE REQUIRED NUMBER OF VALID SIGNATURES? NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 6, 2012, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. SECTION 3. That the said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts in which the official registration books show that the said electors reside. 633 SECTION 4. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 5. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of §50.031 and §100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 6. The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00A.M. UNTIL 7:00 P.M. ON THE 6th DAY OF NOVEMBER, 2012, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: LIMITED WAIVER OF CITY QUALIFYING FEE SHALL CHARTER SECTION 6.03 BE AMENDED TO PROVIDE THAT IF COUNTY ELECTIONS DEPARTMENT HASN'T ISSUED ITS CERTIFICATE VERIFYING THE REQUIRED NUMBER OF VALID SIGNATURES ON A TIMELY-FILED QUALIFYING PETITION BY 5:00P.M. ON THE SECOND DAY OF CITY'S QUALIFYING PERIOD, CITY'S 7:V2% QUALIFYING FEE SHALL BE WAIVED IF THE SUBJECT CANDIDATE OTHERWISE QUALIFIES PURSUANT TO CHARTER SECTION 6.03, 634 WAIVER SUBJECT TO ELECTIONS DEPARTMENT CONFIRMATION THAT THE QUALIFYING PETITION CONTAINED REQUIRED NUMBER OF VALID SIGNATURES? SECTION 7. ____ YES ____ NO That the official ballot to be used in the Special Election to be held on November 6, 2012, hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" LIMITED WAIVER OF CITY QUALIFYING FEE SHALL CHARTER SECTION 6.03 BE AMENDED TO PROVIDE THAT IF COUNTY ELECTIONS DEPARTMENT HASN'T ISSUED ITS CERTIFICATE VERIFYING THE REQUIRED NUMBER OF VALID SIGNATURES ON A TIMELY-FILED QUALIFYING PETITION BY 5:00P.M. ON THE SECOND DAY OF CITY'S QUALIFYING PERIOD, CITY'S 71'2% QUALIFYING FEE SHALL BE WAIVED IF THE SUBJECT CANDIDATE OTHERWISE QUALIFIES PURSUANT TO CHARTER SECTION 6.03, WAIVER SUBJECT TO ELECTIONS DEPARTMENT CONFIRMATION THAT THE QUALIFYING PETITION CONTAINED REQUIRED NUMBER OF VALID SIGNATURES? SECTION 8. ____ YES _____ NO That the absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee voting. SECTION 9. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. 635 SECTION 10. If any section, sentence, clause or phrase of the proposed ballot measure 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 said ballot measure. SECTION 11. A. This Resolution shall stand as the operative City legislation scheduling the question set forth hereinabove for placement on the November 6, 2012 City of Miami Beach Special Election ballot, and shall be effective immediately upon its passage. B. City of Miami Beach Resolution No. 2012-27934, adopted by the City Commission on June 6, 2012 for the purpose of scheduling the November 6, 2012 Special Election, is hereby amended and the terms and provisions of this Resolution are substituted therefor. PASSED and ADOPTED this ___ day of ________ , 2012. ATTEST: MATTI HERRERA BOWER, MAYOR RAFAEL E. GRANADO, CITY CLERK (Requested by Commissioner Jonah Wolfson) ~ J~ 1~~ Dat F:\ATTO\TURN\BALLOT.QUESTIONS\waiver of city fee for qualified petitions 7-3-12.docx 636 PROPOSED BALLOT TITLE AND BALLOT SUMMARY NOVEMBER 6, 2012 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: LIMITED WAIVER OF CITY QUALIFYING FEE SHALL CHARTER SECTION 6.03 BE AMENDED TO PROVIDE THAT IF COUNTY ELECTIONS DEPARTMENT HASN'T ISSUED ITS CERTIFICATE VERIFYING THE REQUIRED NUMBER OF VALID SIGNATURES ON A TIMELY-FILED QUALIFYING PETITION BY 5:00 P.M. ON THE SECOND DAY OF CITY'S QUALIFYING PERIOD, CITY'S 7%% QUALIFYING FEE SHALL BE WAIVED IF THE SUBJECT CANDIDATE OTHERWISE QUALIFIES PURSUANT TO CHARTER SECTION 6.03, WAIVER SUBJECT TO ELECTIONS DEPARTMENT CONFIRMATION THAT THE QUALIFYING PETITION CONTAINED REQUIRED NUMBER OF VALID SIGNATURES? II. PROPOSED CHARTER TEXT: Charter Sec. 6.03. -Qualifying. The City Commission shall cause to be placed on the ballot to be used in the general election the name of any qualified elector of the City residing within the City at least one year prior qualifying and who, within the four (4) consecutive days immediately following the first Monday of September prior to said general election, shall have paid to the City Clerk of the City of Miami Beach the sum equal to seven and one-half percent (7 %%) of the annual salary of the office to which he/she seeks election as a qualifying fee and shall have been photographed and fingerprinted by the identification bureau of the Police Department of the City, unless such person shall file with the City Clerk no later than the second day for qualifying as a candidate for such office, a petition approving his candidacy signed by sufficient qualified and registered voters to constitute not less than two percent (2%) of this number of such voters as the same shall be on the date sixty (60) days prior to the first day of qualifying as a candidate for office,; in the event the Miami-Dade County Elections Department has not issued its certificate verifying the required number of valid signatures on the subject qualifying petition by 5:00 p.m. on the second day of the City's four-day qualifying period, the City's 7%% qualifying fee shall be waived by the City in the event the subject candidate should otherwise qualify for office pursuant to this Charter section. The waiver of the City's 7%% qualifying fee is subject to confirmation by the Elections Department's certificate that the qualifying petition contained the required number of valid signatures. All candidates qualifying for office aA4 shall have taken, signed and subscribed to an oath or affirmation in writing in which he/she shall state (1) the title of the office for which he/she is a candidate; (2) that he/she is a qualified elector of the City of Miami Beach, Florida and has resided in the City at least one year prior to qualifying via petition; (3) his/her legal residence, by street and number; (4) that he/she is qualified under the ordinances (including Miami Beach City Code Chapter 38 governing "Elections") and Charter of the City of Miami Beach, Florida, to hold the office for which he/she is a candidate. * * * 637 THIS PAGE INTENTIONALLY LEFT BLANK 638 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Authorizing Early Voting For The August 14, 2012 And November 6, 2012 City Of Miami Beach Special Elections. Key Intended Outcome Supported: N/A Supporting Data (Surveys, Environmental Scan, etc.): In 2011, there were 42,959 registered voters for the General Election with 6,953 total ballots cast, for a voter turnout of 16.19%. There were 1 ,268 early voters, 2,442 absentee voters, and 3,243 voters on election day. Issue: Shall the City Commission approve early voting for the August 14, 2012 and November 6, 2012 City of Miami Beach S ecial Elections? Item Summary/Recommendation: The City of Miami Beach has scheduled a Special Election to be held on Tuesday, August 14, 2012, in conjunction with the State Primary Election; and it is anticipated that on July 18, 2012, the City Commission will schedule an additional Special Election for November 6, 2012, in conjunction with the State General Election. These Special Elections will present to the City's electorate numerous Charter changes. Section 1 01.657(1)(d) of the Florida Statutes (the "Early Voting" Statute) requires that early voting begin on the 1 01 h day before an election that contains state or federal races and end on the 3rd day before said election, and stipulates that early voting shall be held for no less than 6 hours and no more than 12 hours per day at each site during the applicable period. The Miami-Dade County Supervisor of Elections has designated the following early voting schedule for the City's August 14, 2012 Special Election, and has designated Miami Beach City Hall and the North Shore Branch Library as the early voting locations within the City of Miami Beach: Saturday, August 4 Sunday, August 5 Monday, August 6 Tuesday, August 7 VVednesday,August8 Thursday, August 9 Friday, August 10 Saturday, August 11 7 am-7 pm 7 am-7 pm 7 am-7 pm 7 am-7 pm 7 am-7 pm 7 am-7 pm 7am-7 pm 7 am-7 pm Upon receipt from the County Elections Department of the specific early voting locations and hours for the City's anticipated November 6, 2012 Special Election, the Administration will report this information to the Mayor and Commissioners via Letter to Commission (LTC), and will further post the information on the City's website. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Funds: 1 Estimated $29,599.35-August 14, 2012 Special Election 011-9322-000312 ILJ · :tt:: I 2 Estimated $29,599.35-November 6, 2012 Special Election 011-9322-000312 OBPI Total $59,198.70 Financial Impact Summary: Payment of the November 6, 2012 Special Election is being requested in the FY 13 Budget Process. Ci Clerk's Office Le islative Trackin Rafael E. Granado, City Clerk Si n-Offs: Assistant City Manager REG N/A MIAMI BEACH 639 KGB AGENDA ITEM DATE R7G- 7-tll-tz._ lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager /A/ f-. July 18,2012 1/ DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING EARLY VOTING FOR THE AUGUST 14, 2012 AND NOVEMBER 6, 2012 CITY OF MIAMI BEACH SPECIAL ELECTIONS. ADMINISTRATION RECOMMENDATION Approve the Resolution. ANALYSIS The City of Miami Beach has scheduled a Special Election to be held on Tuesday, August 14, 2012 in conjunction with the State Primary Election; and it is anticipated that on July 18, 2012, the City Commission will schedule an additional Special Election for November 6, 2012, in conjunction with the State General Election. These Special Elections will present to the City's electorate numerous Charter changes. Section 1 01.657(1 )(d) of the Florida Statutes (the "Early Voting" Statute) requires that early voting begin on the 1oth day before an election that contains state or federal races and end on the 3rd day before said election, and stipulates that early voting shall be held for no less than 6 hours and no more than 12 hours per day at each site during the applicable period. The Miami-Dade County Supervisor of Elections has designated the following early voting schedule for the City's August 14, 2012 Special Election, and has designated Miami Beach City Hall and the North Shore Branch Library as the early voting locations within the City of Miami Beach: Saturday, August 4 Sunday, August 5 Monday, August 6 Tuesday, August 7 VVednesday,August8 Thursday, August 9 Friday, August 1 0 Saturday, August 11 7 am -7 pm 7 am-7 pm 7 am-7 pm 7 am-7 pm 7 am -7 pm 7 am-7 pm 7 am-7 pm 7am-7pm Upon receipt from the County Elections Department of the specific early voting locations and hours for the City's anticipated November 6, 2012 Special Election, the Administration will report this information to the Mayor and the Members of the City Commission via Letter to Commission (LTC), and will further post the information on the City's website in advance of that scheduled election. 640 FINANCIAL INFORMATION The Miami-Dade County Elections Department has provided the Administration an estimate of $29,599.35 for each of the City's August 14, 2012 and November 6, 2012 Special Elections, which includes early voting costs. (Total anticipated cost is $59, 198.70.) CONCLUSION The Administration recommends that the Mayor and City Commission hereby authorize early voting for the August 14, 2012 and November 6, 2012 City of Miami Beach Special Elections, said early voting to be conducted in accordance with the provisions of the attached Resolution and Section 101.657, Florida Statutes. Attachment KGB/REG A T:\AGENDA \20~12\Early Voting CM.doc 641 RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING EARLY VOTING FOR THE AUGUST 14, 2012 AND NOVEMBER 6, 2012 CITY OF MIAMI BEACH SPECIAL ELECTIONS. WHEREAS, the City of Miami Beach has scheduled Special Elections to be held on Tuesday, August 14, 2012 ~nd on November 6, 2012 for the purpose of presenting to the City's electorate numerous ballot questions; and WHEREAS, the City Commission hereby authorizes early voting for the August 14, 2012 and November 6, 2012 City of Miami Beach Special Elections, and WHEREAS, in recognition of the 2011 statutory amendments to Florida Statute section 101.657 governing "Early Voting," the City Commission hereby acknowledges that early voting shall begin on the 1Oth day before the scheduled election dates and end on the 3rd day before said elections, and shall be provided for no less than 6 hours and no more than 12 hours per day at each site during the applicable period (locations and hours to be designated by the County Elections Supervisor, per Florida law); and WHEREAS, as currently noticed on the City's website, the County Elections Supervisor has designated the following early voting schedule for the City's August 14, 2012 Special Election, and has designated Miami Beach City Hall and the North Shore Branch Library as the early voting locations within the City of Miami Beach: Saturday, August 4 Sunday, August 5 Monday, August 6 Tuesday, August 7 VVednesday,August8 Thursday, August 9 Friday, August 10 Saturday, August 11 ?am -7 pm ?am -7 pm ?am-7 pm ?am -7 pm ?am -7 pm ?am -7 pm ?am -7 pm ?am -7 pm; and WHEREAS, the Miami-Dade County Elections Department has given the Administration a budget estimate of approximately $29,599.35, including the costs of early voting, for each of the City's August 14, 2012 and November 6, 2012 Special Elections; and WHEREAS, upon receipt from the County Elections Department of the specific early voting locations and hours for the City's November 6, 2012 Special Election, the Administration is hereby directed to report this information to the Mayor and Commissioners via a Letter to the Commission (LTC), which election information shall be posted on the City's website in advance of that scheduled election. 643 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 early voting for the August 14, 2012 and November 6, 2012 City of Miami Beach Special Elections, said early voting to be conducted in accordance with the provisions of this Resolution. PASSED and ADOPTED this 18th day of July 2012. ATTEST: RAFAEL E. GRANADO, CITY CLERK F:\ATIO\TURN\RESOS\Early Voting Aug and Nov 2012.docx 644 MATTI HERRERA BOWER MAYOR COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving an expenditure of budgeted funds in reasonable and necessary amounts for the public purpose of informing and educating the voters of the City of Miami Beach regarding the ballot questions on the City's August 14, 2012 and November 6, 2012 special election ballots in order to achieve a more informed electorate vote. Key Intended Outcome Supported: Increase community satisfaction with City government. Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 75% of residents rated Miami Beach city government as Good or Excellent in meeting their expectations. Issue: Should the City Commission approve this Resolution? Item Summary/Recommendation: The voters of the City of Miami Beach will be presented with two City ballot questions on its August 14, 2012 Special Election ballot and five City ballot questions on its November 6, 2012 Special Election ballot. The subject of the City ballot questions relate to amending the City Charter on issues concerning: authority to increase City's Resort Tax percentage; power to call Special Meetings of the City Commission; creation of "City Clerk" as a Charter Officer, with related amendments to powers of the City Commission, City Manager, and City Clerk; change to filing period for qualifying petitions, and limited waiver of City qualifying fees; the City's Historic Preservation Board powers and duties, and the City Code's historic preservation standards-all of which issues affect and involve the interests of the City of Miami Beach and its citizens. The City Administration believes that educating the voters on these matters is in the public interest and serves a public purpose. In an effort to explain, and educate the voters on each of these questions, the Administration will be preparing public education information through various methods which may include video presentation on the City's cable channel, a voter's guide, and other means. No additional funding is required to educate the public as the Administration will use funds budgeted and appropriated in FY 11/12 for MB Magazine and MBTV for video production, printing, graphics, translation services, layout, mailing, advertising, and other miscellaneous costs as needed to disseminate the information. However, the Administration is requesting authorization to spend these previously appropriated funds for this public purpose. These expenditures will further serve the public purpose given the City's reasonable expectation that these efforts at explaining the ballot questions and educating the voters will result in a more informed electorate vote, benefiting the public good. IN/A Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 OBPI Total Financial Impact Summary: No additional funding is required to educate the public as the Administration will use funds budgeted and appropriated in FY 11/12 for MB Magazine and MBTV. islative Trackin Si n-Offs: Department Director N/A T:\AGENDA\2012\7-18-12\Voters Educatio MIAMI BEACH 645 City Manager KGB AGENDA ITEM _R_7_,H.--- DATE J-tl-/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 Kathie G. Brooks, Interim City Manage~~ ~ • July 18, 2012 /' A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN EXPENDITURE OF BUDGETED FUNDS IN REASONABLE AND NECESSARY AMOUNTS FOR THE PUBLIC PURPOSE OF INFORMING AND EDUCATING THE VOTERS OF THE CITY OF MIAMI BEACH REGARDING THE BALLOT QUESTIONS ON THE CITY'S AUGUST 14, 2012 AND NOVEMBER 6, 2012 SPECIAL ELECTION BALLOTS IN ORDER TO ACHIEVE A MORE INFORMED ELECTORATE VOTE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Increase community satisfaction with City government. ANALYSIS The voters of the City of Miami Beach will be presented with two City ballot questions on its August 14, 2012 Special Election ballot and five City ballot questions on its November 6, 2012 Special Election ballot. The subject of the City ballot questions relate to amending the City Charter on issues concerning: authority to increase City's Resort Tax percentage; power to call Special Meetings of the City Commission; creation of "City Clerk" as a Charter Officer, with related amendments to powers of the City Commission, City Manager, and City Clerk; change to filing period for qualifying petitions, and limited waiver of City qualifying fees; the City's Historic Preservation Board powers and duties, and the City Code's historic preservation standards-all of which issues affect and involve the interests of the City of Miami Beach and its citizens. The City Administration believes that educating the voters on these matters is in the public interest and serves a public purpose. In an effort to explain, and educate the voters on each of these questions, the Administration will be preparing public education information through various methods which may include video presentation on the City's cable channel, a voter's guide, and other means. No additional funding is required to educate the public as the Administration will use funds budgeted and appropriated in FY 11/12 for MB Magazine and MBTV for video production, printing, graphics, translation services, layout, mailing, advertising, and other miscellaneous costs as needed to disseminate the information. However, the Administration is requesting authorization to spend these previously appropriated funds for this public purpose. These expenditures will further serve the public purpose given the City's reasonable expectation that these efforts at explaining the ballot questions and educating the voters will result in a more informed electorate vote, benefiting the public good. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution. KGB/MAS T·\An.I='MnA \?n1 ?\7_1 SL 1 ?\\/n+o.rt:! ~nlll"''!lfinn ~'!~lin+ ()II.O.C!ti64.6n1 ?1\llc.n"ton nn,.. RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN EXPENDITURE OF BUDGETED FUNDS IN REASONABLE AND NECESSARY AMOUNTS FOR THE PUBLIC PURPOSE OF INFORMING AND EDUCATING THE VOTERS OF THE CITY OF MIAMI BEACH REGARDING THE BALLOT QUESTIONS ON THE CITY'S AUGUST 14, 2012 AND NOVEMBER 6, 2012 SPECIAL ELECTION BALLOTS IN ORDER TO ACHIEVE A MORE INFORMED ELECTORATE VOTE. WHEREAS, the voters of the City of Miami Beach will be presented with two City ballot questions on its August 14,. 2012 Special Election ballot and five City ballot questions on its November 6, 2012 Special Election ballot; and WHEREAS, the subject matters of the subject City ballot questions relate to amending the City Charter on issues concerning: authority to increase City's Resort Tax percentage; power to call Special Meetings of the City Commission; creation of "City Clerk" as a Charter Officer, with related amendments to powers of the City Commission, City Manager, and City Clerk; change to filing period for qualifying petitions, and limited waiver of City qualifying fees; the City's Historic Preservation Board powers and duties, and the City Code's historic preservation standards-all of which issues affect and involve the interests of the City of Miami Beach and its citizens; and WHEREAS, the Miami Beach City Commission believes that educating the voters on these matters is in the public interest and serves a public purpose; and WHEREAS, in an effort to explain, and educate the voters on each of these questions through various methods which may include video presentation on the City's cable channel, a voter's guide, and other means, the Administration is requesting approval to spend reasonable and necessary budgeted amounts for video production, printing, graphics, translation services, layout, mailing, advertising, and other miscellaneous costs as needed; and WHEREAS, these expenditure will further serve the public purpose given the City's reasonable expectation that these efforts at explaining the ballot questions and educating the voters thereon will result in a more informed electorate vote, benefiting the public good. 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 herein state the public purpose of explaining to and educating the City's voters on the seven City ballot questions which will appear on its August 14, 2012 and November 6, 2012 Special Election ballots, and thus approve the expenditure of budgeted funds in reasonable and necessary amounts in furtherance of the aforementioned public policy which is intended to benefit the public good and serve a public purpose. PASSED and ADOPTED this ___ day of July 2012. ATTEST: MATTI HERRERA BOWER RAFAEL E. GRANADO, CITY CLERK MAYOR F:\ATTO\TURN\RESOS\Voters Education Ballot Questions-2012.doc 647 THIS PAGE INTENTIONALLY LEFT BLANK 648 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Authorizing The Miami-Dade County Canvassing Board For The August 14, 2012 And November 6, 2012 Elections To Serve As Canvassing Board For The City Of Miami Beach Special Elections To Be Held On August 14, 2012 And November 6, 2012. Key Intended Outcome Sup]!orted: N/A Supporting Data (Surveys, Environmental Scan, etc.): In 2011, there were 42,959 registered voters for the General Election with 6,953 total ballots cast, for a voter turnout of 16.19%. There were 1 ,268 early voters, 2,442 absentee voters, and 3,243 voters on election day. Issue: Shall the City Commission authorize the Miami-Dade County Canvassing Board For The August 14, 2012 and November 6, 2012 Elections to serve as the Canvassing Board for the City of Miami Beach Special Elections to be held on August 14, 2012 and November 6, 2012? Item Summary/Recommendation: Pursuant to Florida Statutes, an election canvassing board is charged with responsibilities relating to the conduct of elections. The attached Resolution has thus been prepared to formally authorize the Miami-Dade County Canvassing Board to serve as the Canvassing Board for the City of Miami Beach's August 14, 2012 and November 6, 2012 Special Elections, which are being held in conjunction with the County's Primary and General Elections respectively. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Funds: 1 I I 2 OBPI Total Financial impact Summary: The funding for this activity has already been taken into account in the resolutions approving early voting for the City of Miami Beach Special Elections to be held on August 14, 2012 and November 6, 2012. Ci Clerk's Office Le islative Trackin Rafael E. Granado, City Clerk Assistant City Manager N/A MIAMI BEACH 649 City Manager KGB AGENDA ITEM _..;__1{,__7_I_ DATE 1-£ t(-/'L lD MIAMI BEACH City of Miami Beach, 1 700 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 Kathie G. Brooks, Interim City Manager ? ¥ . July 18,2012 · / A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MIAMI-DADE COUNTY CANVASSING BOARD FOR THE AUGUST 14, 2012 AND NOVEMBER 6, 2012 ELECTIONS TO SERVE AS CANVASSING BOARD FOR THE CITY OF MIAMI BEACH SPECIAL ELECTIONS TO BE HELD ON AUGUST 14,2012 AND NOVEMBER 6, 2012. ADMINISTRATION RECOMMENDATION Approve the Resolution. ANALYSIS Pursuant to Florida Statutes, an election canvassing board is charged with responsibilities relating to the conduct of elections. The attached Resolution has thus been prepared for the purpose of formally authorizing the Miami-Dade County Canvassing Board to serve as the Canvassing Board for the City of Miami Beach's August 14, 2012 and November 6, 2012 Special Elections, which are being held in conjunction with the County's Primary and General Elections respectively. FINANCIAL INFORMATION The funding for this activity has already been taken into account in the resolutions approving early voting for the City of Miami Beach Special Elections to be held on August 14, 2012 and November 6, 2012. CONCLUSION The Administration recommends that the Mayor and City Commission hereby authorize the Miami-Dade County Canvassing Board to serve as the Canvassing Board for the City of Miami Beach's August 14, 2012 and November 6, 2012 Special Elections. Attachment KGB/REG B T:\AGENDA\2012\7-18-12\Canvassing Board Memo.doc 650 RESOLUTION NO.---- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MIAMI-DADE COUNTY CANVASSING BOARD FOR THE AUGUST 14, 2012 AND NOVEMBER 6, 2012 ELECTIONS TO SERVE AS CANVASSING BOARD FOR THE CITY OF MIAMI BEACH SPECIAL ELECTIONS TO BE HELD ON AUGUST 14,2012 AND NOVEMBER 6, 2012. WHEREAS, on August 14, 2012 and November 6, 2012, Miami-Dade County will be conducting Primary and General Elections respectively, at which times the City of Miami Beach has authorized the holding of Special Elections relating to proposed City Charter amendments; and WHEREAS, the City of Miami Beach, under the auspices of Miami-Dade County, will be submitting to the City's electorate the aforementioned ballot questions proposing Charter amendments at said elections; and WHEREAS Miami-Dade County is charged with the full responsibility of conducting the subject elections, except for accepting the Miami-Dade County Department of Elections certificate of elections concerning the results of the City of Miami Beach Special Elections; and WHEREAS, the Miami-Dade County Canvassing Board shall be charged with the statutory respons~bilities relating to the conduct of elections for the subject elections and is authorized to act as the Canvassing Board for the City of Miami Beach's August 14, 2012 and November 6, 2012 Special Elections. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, that the Miami-Dade County Canvassing Board for the August 14, 2012 Primary and November 6, 2012 General Elections is hereby authorized to act as Canvassing Board for the August 14, 2012 and November 6, 2012 Special Elections of the City of Miami Beach. PASSED and ADOPTED this 18th day of July 2012. MATTI HERRERA BOWER, MAYOR ATTEST: RAFAEL E. GRANADO, CITY CLERK T:\AGENDA\2012\7-18-12\Canvassing Board Resolution final.docx 651 THIS PAGE INTENTIONALLY LEFT BLANK 652 ce COMMISSION ITEM SUMMARY Condensed Title: A Resolution Authorizing The City Manager, Or Her Designee To Select, Negotiate, Award And Reject All Bids, Contracts, Agreements, Purchase Orders, Change Orders And Grant Applications; Renew Existing Contracts Which May Expire, And Terminate Existing Contracts As Needed From The Last City Commission Meeting On July 18, 2012, Until The First Regularly Scheduled City Commission Meeting On September 12, 2012, Subject To Ratification By The City Commission At Its First Regularly Scheduled Meeting On September 12, 2012. Key Intended Outcome Supported: August Recess Authorization Supports All City Key-tmended Outcomes. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: I Whether to Adopt the Resolution? Item Summary/Recommendation: Between the last meeting on July 18, 2012, and the first regularly scheduled meeting on September 12, 2012, the City Commission will not be in session. During this period there may be bids or contracts in excess of the $25,000, which may need to be rejected, awarded or terminated. Based on the above, it is requested, that the City Manager, or her designee, be authorized to sign all contracts, agreements, purchase orders, change orders, and grant applications; renew any existing contracts, for an appropriate period of time; terminate existing contracts, as needed, from the last Commission meeting on July 18, 2012, until the first regularly scheduled Commission meeting on September 12, 2012, subject to ratification by the City Commission at its first regularly scheduled meeting on September 12, 2012. ADOPT THE RESOLUTION. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Raul Aguila, ext. 6475 Si n-Offs: Department Director AG PDW T:\AGENDA\2012\7-18-12\August Recess Summary.doc MIAMI BEACH 653 Account 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 c; /i7n Kathie G. Brooks, Interim City Manager ~ // -• July 18, 2012 / ' A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI' BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, OR HER DESIGNEE, TO SELECT, NEGOTIATE, AWARD AND REJECT ALL BIDS, CONTRACTS, AGREEMENTS, PURCHASE ORDERS, CHANGE ORDERS AND GRANT APPLICATIONS; RENEW EXISTING CONTRACTS WHICH MAY EXPIRE; AND TERMINATE EXISTING CONTRACTS, AS NEEDED, FROM THE LAST COMMISSION MEETING ON JULY 18, 2012, UNTIL THE FIRST REGULARLY SCHEDULED COMMISSION MEETING ON SEPTEMBER 12, 2012, SUBJECT TO RATIFICATION BY THE CITY COMMISSION AT ITS FIRST REGULARLY SCHEDULED MEETING ON SEPTEMBER 12, 2012. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND Between the last meeting on July 18, 2012, and the first regularly scheduled meeting on September 12, 2012, the City Commission will not be in session. During this period there may be bids or contracts in excess of the $25,000, which may need to be rejected, awarded or terminated. Based on the above, it is requested, that the City Manager, or her designee, be authorized to sign all contracts, agreements, purchase orders, change orders, and grant applications; renew any existing contracts, for an appropriate period of time; terminate existing contracts, as needed, from the last Commission meeting on July 18, 2012, until the first regularly scheduled Commission meeting on September 12, 2012, subject to ratification by the City Commission at its first regularly scheduled meeting on September 12, 2012. Since this authorization is necessary to ensure that essential services and projects continue during the period between the last Commission meeting on July 18, 2012, until the first regularly scheduled Commission meeting on September 12, 2012, it is recommended that the City Commission adopt this Resolution. T:\AGENDA\2012\7-18-12\August Recess Memo.doc 654 RESOLUTION NO. __ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, OR HER DESIGNEE, TO SELECT, NEGOTIATE, AWARD AND REJECT ALL BIDS, CONTRACTS, AGREEMENTS, PURCHASE ORDERS, CHANGE ORDERS AND GRANT APPLICATIONS; RENEW EXISTING CONTRACTS WHICH MAY EXPIRE; AND TERMINATE EXISTING CONTRACTS, AS NEEDED, FROM THE LAST COMMISSION MEETING ON JULY 18, 2012, UNTIL THE FIRST REGULARLY SCHEDULED MEETING ON SEPTEMBER 12, 2012, SUBJECT TO RATIFICATION BY THE CITY COMMISSION AT ITS FIRST REGULARLY SCHEDULED MEETING ON SEPTEMBER 12,2012. WHEREAS, between the last meeting on July 18, 2012, and the first regularly scheduled meeting on September 12, 2012, the City Commission will not be in session; and WHEREAS, during this. period, there may be bids or contracts in excess of the $25,000, which may need to be rejected, awarded or terminated; and WHEREAS, the City Commission has historically, during its August recess, assigned the City Manager with the authority to select, negotiate, award and/or renew contracts, as needed, subject to ratification by the City Commission; and WHEREAS, it is therefore requested that the City Manager, or her designee, be authorized to sign all contracts, agreements, purchase orders, change orders, and grant applications; renew any existing contracts, which may expire, for an appropriate period of time; terminate existing contracts, as needed, from the last Commission meeting on July 18, 2012, until the first regularly scheduled Commission meeting on September 12, 2012, subject to ratification by the City Commission at its first regularly scheduled meeting on September 12, 2012. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the City Manager, or her designee, to select, negotiate, award and reject all bids, contracts, agreements, purchase orders, change orders, and grant applications; renew existing contracts which may expire; and terminate existing contracts, as needed, from the last City Commission meeting on July 18, 2012, until the first regularly scheduled meeting on September 12, 2012, subject to ratification by the City Commission at its first regularly scheduled meeting on September 12, 2012. PASSED and ADOPTED this----day of _____ , 2012 Mayor ATTEST: City Clerk T:\AGENDA\2012\7-18-12\August Recess Reso.doc 655 THIS PAGE INTENTIONALLY LEFT BLANK 656 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute Two (2) Temporary License Agreements And Four (4) Perpetual Easement Agreements, With The Florida Department Of Transportation, For The Construction, Harmonization, And Maintenance Of Proposed Roadway And Drainage Improvements As Part Of The State Road 907/Aiton Road Project From 5th Street To Michigan Avenue. Key Intended Outcomes Supported: Maintain Miami Beach public areas and rights-of-way citYWide Supporting Data -2009 Community Survey: N/A Issue: Shall the City approve the license agreements? Item Summary/Recommendation: The Florida Department of Transportation (FDOT) 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 twelve (12) months. The Project will include roadway, sidewalk, curb and gutter reconstruction, significant drainage improvements, including construction of three (3) stormwater pump stations, decorative roadway and pedestrian lighting, landscaping, irrigation, and bonded aggregate improvements. These improvements will require harmonization within adjacent City owned properties, in particular within Flamingo Park and the City park located at 20th Street and Sunset Drive. The harmonization of the proposed improvements at these two parks requires the execution of License Agreements attached herewith between the FDOT and the City of Miami Beach. Due to construction impact and grade elevation differentials between the FDOT right-of-way and City-owned property at Flamingo Park (1200 Meridian Avenue) and Fountain park (20th Street/Sunset Drive/Alton Road), FDOT is proposing to tie-in, grade, and harmonize work to reconnect existing features in the City's right-of- way with the proposed roadway improvements on Alton Road. As such, FDOT requires a temporary License Agreement to enter a strip of land in the two aforementioned City properties. Further, FDOT is requesting to obtain four (4) permanent easements along City rights-of-way necessary for the maintenance of two (2) proposed storm water pump stations and associated elements. The four (4) permanent easements will allow FDOT to construct its pump station electrical panels and drainage structures along 10th Street and 14th Street, on City rights-of-way, between Alton Road and Biscayne Bay. The Administration recommends that the Mayor and City Commission approve and authorize the execution of the two (2) temporary license Agreements and four (4) perpetual easement agreements with FOOT. Advisory Board Recommendation: N/A Financial Information: Source of funds # Amount Account I I Financial Impact Summary: Cit Clerk's Office Le islative Trackin : Jose Gonzalez, Transportation Manager, Public Works 6168 Si n-Offs: Department Director FHB T:\AGENDA\2012\7-18-12\FDOT License Agreement-Alt MIAMI BEACH 657 Approved AGENDA ITEM --:R1::-':--:::-k"--=- DATE 1-f~-f)_ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beoch, Florida 33139, www.miomibeochfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the CityfJL-om ·s 'on Kathie G. Brooks, Interim City Manager /A . July 18, 2012 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 TWO (2) TEMPORARY LICENSE AGREEMENTS AND FOUR (4) PERPETUAL EASEMENT AGREEMENTS, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION, HARMONIZATION, AND MAINTENANCE OF PROPOSED ROADWAY AND DRAINAGE IMPROVEMENTS AS PART OF THE STATE ROAD 907/ALTON ROAD PROJECT FROM 5TH STREET TO MICHIGAN AVENUE. ADMINISTRATION RECOMMENDATION The Administration recommends approving the Resolution. 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 twelve (12) months. The Project will include roadway, sidewalk, and curb and gutter reconstruction, si~nificant drainage improvements including construction of three (3) storm water pump stations at 51 Street, 1oth Street, and 14th Street, decorative lighting, landscaping, irrigation, and bonded aggregate improvements. These improvements will require FOOT execute two (2) temporary license agreements and four (4) permanent easement agreements with the City. The two license agreements are needed for harmonization on adjacent City-owned properties, particularly in the vicinity of Flamingo Park located at 1200 Meridian Avenue and Fountain 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 10th Street and 14th Street, on City rights-of-way, between Alton Road and Biscayne Bay. 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 interconnectivity, storm water flow regulation, and maintenance of the three proposed pump stations and associated elements is currently being negotiated with FOOT and will be presented to the City Commission for approval at a 658 Commission Memorandum -FOOT Alton Road Agreements July 18, 2012 Page 2 of 3 future date. ANALYSIS Temporary License Agreements Due to construction impact and grade elevation differentials between the FOOT right-of-way and City-owned property at Flaming Park (located at 1200 Meridian Avenue) and Fountain Park (located at 20th Street/Sunset Drive/Alton Road), FOOT is proposing to tie-in, grade, and harmonize work to reconnect existing features in the City's rights-of-way with the proposed roadway improvements. As such, FOOT is requesting two (2) temporary License Agreements in order to enter a strip of land in the City properties described below: Parcel921: FOOT is requesting a temporary license agreement for harmonization of work along the west 2.0 feet, and a portion of the south 2.0 feet, and a portion of the north 2.0 feet of the property located at 1200 Meridian Avenue (Flamingo Park). Please refer to Attachment A for a copy of this License Agreement, property information, and roadway plan. Parcel951: FOOT is requesting a temporary license agreement for harmonization of work along a portion of the southeasterly 2.0 feet of the property bounded on the west by Sunset Drive, on the Southeast by Alton Road, and on the North by 20th Street. Please refer to Attachment B for a copy of this License Agreement, property information, and roadway plan. Perpetual Easement Agreements FOOT is requesting to obtain the following four (4) permanent easements along City rights-of-way for the maintenance of two (2) proposed storm water pump stations and associated elements: Parcel 801: FOOT is requesting a permanent easement from the City for the maintenance of the pump station electrical panel and associated structures, conduits, and cabling along 1oth Street for the proposed pump station located along Alton Road just north of the intersection at 1Oth Street. The requested easement contains approximately 2,187.8 square feet. Please refer to Attachment C for a copy of this Perpetual Easement Agreement and related documents. Parcel802: FOOT is requesting a permanent easement from the City for the maintenance of a 36" ductile iron pipe storm water force main, all associated fittings, and dissipater structure along 1oth Street between Alton Road and Biscayne Bay which will be constructed for the purposes of conveying storm water which will outfall into Biscayne Bay. The requested easement contains approximately 10,234 square feet. Please refer to Attachment D for a copy of this Perpetual Easement Agreement and related documents. Parcel 803: FOOT is requesting a permanent easement from the City for the maintenance of the pump station electrical panel and associated structures, conduits, and cabling along 14th Street for the proposed pump station located along Alton Road just north of the intersection with 14th Street. The requested easement contains approximately 2,224.9 square feet. Please refer to Attachment E for a copy of this Perpetual Easement Agreement and related documents. Parcel 804: FOOT is requesting a permanent easement from the City for the maintenance of a 36" ductile iron pipe storm water force main, all associated fittings, and dissipater structure along 14th Street between Alton Road and Biscayne Bay which will be constructed for the purpose of conveying 659 Commission Memorandum -FOOT Alton Road Agreements July 18, 2012 Page 3 of 3 storm water which will outfall into Biscayne Bay. The requested easement contains approximately 15,530 square feet. Please refer to Attachment F for a copy of this Perpetual Easement Agreement and related documents. CONCLUSION The proposed FOOT roadway and drainage improvements along Alton Road will require execution of the above two (2) temporary License Agreements and four (4) Perpetual Easement Agreements in order for FOOT to construct, harmonize, and maintain roadway and storm water improvements on Alton Road and adjacent City-owned park properties as part of the Alton Road Reconstruction Project from 51h Street to Michigan Avenue. Attachments: A. License Agreement for Parcel 921 -Flamingo Park B. License Agreement for Parcel951 -Fountain Park (Sunset Drive/201h Street/Alton Road) C. Perpetual Easement Agreement for Parcel 801 D. Perpetual Easement Agreement for Parcel 802 E. Perpetual Easement Agreement for Parcel 803 F. Perpetual Easement Agreement for Parcel804 JGG/~~/JRG T:\AGENDA\2012\7-18-12 \FOOT LICENSE AGREEMENTS 660 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE TWO (2) TEMPORARY LICENSE AGREEMENTS AND FOUR (4) PERPETUAL EASEMENT AGREEMENTS, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION, HARMONIZATION, AND MAINTENANCE OF PROPOSED ROADWAY AND DRAINAGE IMPROVEMENTS AS PART OF THE STATE ROAD 907/ALTON ROAD PROJECT FROM 51 H STREET TO MICHIGAN AVENUE. WHEREAS, the Florida Department of Transportation (FOOT) is planning to construct improvements on Alton Road/State Road (S.R.) 907 from 5th Street to Michigan Avenue (Project); and WHEREAS, these improvements will require FOOT to execute temporary license agreements and permanent easement agreements with the City; and WHEREAS, two (2) license agreements are needed for grading, connecting, and harmonizing proposed roadway and drainage improvements on adjacent City-owned properties, particularly in the vicinity of Flamingo Park, located at 1200 Meridian Avenue and Fountain Park, located at 20th Street/Sunset Drive/Alton Road; and WHEREAS, FOOT is requesting four (4) perpetual 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; and WHEREAS, FOOT is requiring the City to approve and execute two (2) Temporary License Agreements and four (4) Perpetual Easement Agreements which are necessary for the construction and maintenance of the proposed roadway enhancements as part of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve and authorize the Mayor and City Clerk to execute two (2) Temporary License Agreements and four (4) Perpetual Easement Agreements, with the Florida Department of Transportation, for the construction, harmonization, and maintenance of proposed roadway and drainage improvements as part of the State Road 907/Aiton Road Project from 5th Street to Michigan Avenue. PASSED AND ADOPTED THIS ___ DAY OF ____ 2012. ATTEST: MAYOR CITY CLERK T:\AGENDA\2012\5-9-12\FDOT Agreements for Alton Road. RESO.doc 661 APPROVED AS TO FORM & LANGUAGE nt=t EXECUTION ~~ 0') 0') 1\.) · .. ~ ~//4 ( \ ~. 1901 WICif(]'I/A BANK OJRVE lA PI STA. • 1111-75.8/l •.:··..' ~ r~A~ • NH • • D • JJJ• f·•s ·~ •• , T • Jo• .J: 31J" lilT)' • • • • L • 204.41 16" , .. R = 396.94 '•, •. ~ STA. : :f2.0D A • .fJ• J9' .fO• (RTJ D • JO• 25" zs• T • 207.34 L • 396.54 II • 549.15 , • •• • . STA. • B~::r. •• ••• ·. IJIIf PC STA. • 1T+A.3S J'T STA. • Bl+li4.BB ® FIXJT DISTRICT SiX • ONIIEL IGlESIAS, P .£. 1(](1) 11:11./UTH AVEJIU£ liiiAIII, FI.ORifJA lJ/12 P.E.N0.6824/ [5i:::;M~T--~ / ~ ... J, OJRVI! IB PI STA. • 1!l+li9.52 HKIH 'L A • JIJ• 19' 31J" (IITI D • JD" 43' 28'" T • 201.49 L • 31J5.35 II • 534.25 PC STA. • 17+68.04 PT STA. • BH-53.39 ~ 4) F_, PRNAffSHOUsf: APAR~NTS IEIJEliiJ: e ~ DElltJTE$ HNIIIOIIIZATIDII Elt/ST/IIG INIDSCAPlliG ' SOO 111 BE REPlACED 'fi!l"lls,~r wrs. ROADWAY PLAN SHEET NO. 64 0') 0') (...) 1100 ALTON ROAD CONDOMINIUM liTH Sf IEiiEIIDI ~ ~ OEIIOT£$ H-IZAT/011 eXISTING I.JIIIIJSCN'HIG / SOO TrJ BE II£PU«O OENOT£S SIOEWAlX CUT ouTs. SEE SIIJE.fiAIJI PI.NIS • . ,._ OEifOT£S 11111'1FJAT -IZAT/011 ~ OEIIOTcS RE-M. OF EX/STIIIG 10" ~ CI1IICII£Tc P/IIIEIIEJIT 1114 1114 /140 JEWISH E~fg[AL PARKING LOT LANfXJII PRESCHOOL 1200 PARK 1-.··· ... ·.m---~-1 ---(\)) FIXJT DISTRICT SIX DIJtiEL IGLESIAS, P £; 10/XJ NKt./IITH AVENUE UWII, FI.IJRJ()A 33112 P.E:./10.682-41 ,. .. ,.. 01'-IIIII'/MlDIIINTOI'~A7XW ~-""" ""' 0 10 .., SHEET /10, ROADWAY PLAN 55 RICKSCOTI' GOVERNOR Florida Department of Transportation 1000 NW 111 Avenue City Of Miami Beach Public Works Deparbnent Fred Beckmann 1700 Convention Center Drive Miami Beach, FL 33139 Miami. Florida 33172-5800 May2, 2012 Subject: License Agreement 921 ltem!Segment No.: 2499111 Managing District: Six F.A.P. No.: N/A State Road No. County: Parcel No.: State Road No. 907/ Alton Road Miami-Dade 921 Attachment A Parcel Address: 1200 Meridian Avenue, Miami Beach, FL 33139 Dear Mr. Beckmann, The Florida Department of Trans~ortation is planning the reconstruction of State Road No. 907/ Alton Road from 5 Street to Michigan Avenue. The . Improvements Include: drainage, new pavement, and sidewalks. Construction is expected to begin in the spring of 2013. The Department's mission is to provide a safe roac;J, enhancing the economic prosperity and the quality of the described area. Due to construction impact and grade elevation differentials between the Right of Way and private property, the Department improvement plans include tying in, grading and harmonization work to reconnect existing features in the private property with the road Improvements which are to be constructed. To this effect, the Department needs a temporary License Agreement to enter a strip of land iri the identified property in the attached drawing. · The Department will be finishing the construction plans in ·the next 90 days. Attached you will find the proposed License Agreement. Feel free to contact us if you have a question or coricem with this agreement; please retum the signed document to our office via fax at 305-470-5327.or e-mail. Without the owner's agreement, the Department does not have the choice to harmonize and reconnect existing features of www.dot.state.fl. us 664 1200 Meridian Avenue, Miami Beach, FL 33139 April 19,2012 Page Two the licensor's property with the highway improvements. If you need more information, please do not hesitate to e-mail me at steve.imas@dotstate.fl.us or call me at 305-470-5157 or cell561-376-1834. SCI~b Enclosures V7,you~- Steven C. lmas Right of Way Agent 665 09-LA.02-05/2000 This instrument prepared by, or under the direction of, Alicia Trujillo, Esq., District Six Chief Counsel State ofFlorida Department of Transportation lOOON.W. 111th Avenue, Miami, Florida33172 March 30, 2012 -DD LICENSE Parcel No. :921 Item/Segment No.: 249911-1 Managing District: 6 THIS AGREEMENT, Made the day of 20_, by and between CITY OF MIAMI BEACH, herein called licensor, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herein called licensee. In consideration of the benefits accruing unto the licensor, the parties agree as follows: Licensor hereby grants to licensee a license to occupy and use, subject to all of the terms and condi~ons hereof, the following deseribed premises: Parcel921 Fin. No. 249911-1 The West 2.0 feet, and a portion of the South 2.0 feet, and a portion of the North 2.0 feet of the property located at: 1200 Meridian Ave., Miami Beach, FL 33139. Folio Numbers: 0232340000050 The premises may be occupied and _used by licensee solely for sloping, grading, tying in, harmonizing and reconnecting existing features of the licensor's property with the highway improvements which are to be constructed together with incidental purposes related thereto during the period beginning with the date first above written ~d continuing until completion of the ~on project, but not later than the last day of June 201_5. The making, execution and delivery of this agreement by licensor has been induced by no representations, statements, warranties, or agreements other than those contained herein. This agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject inatter hereof. IN WTINESS WHEREOF, the said licensor has signed and sealed these presents the day and year first above written. 666 By. ________________________ _ Print name APPROVED AS TO FORM & LANGUAGE &F XECUTION 1100 ALTON ROAD CONOOUINIU/J liTH ST LEGEND: B ~ DENOTE'S HARMONilAT/ON EXI$TINII' LANEiSCM'INII' / SOD TO BE REPLACED DENOTES SIDE.WAUC CUT (}(ITs. SEE SIDEWAUC PUliS. -DENOTES DRIVEWAY HARIIONilATKJII t'•''·'·l =nt'lli.PJ/Eif EXISTING 10'" 1140 1114 1114 JEWISH PARKING LOT LAN{)(JN PRESCHOOL EDUCATIONAL CENTER 1200 PARK ~-:...,_II!IIIWAL/11!11/CATI/Iffl __ ,.,_ &) FOOT DISTRICT SIX DANIEL IGLESIAS, P.E. 1000 N.W. /liTH AVENUE UIAUI, FIIJRIOA JJ/12 P.E. NO. 68241 8TA!nr 01' l'UiriiiW. -.urntiiNT 01' ~A7JDIV ~ 0 I() 40 ROADWAY PLAN SHEET NO. 55 ...... (Q (Q RICKSCOJT GOVERNOR Florida Department of Transportation 1000 NW 111 Avenue City Of Miami Beach Public Works Department Fred Beckmann 1700 Convention Center Drive Miami Beach, FL 33139 Miami. Florida 33172-5800 May 2, 2012 Subject: Ucense Agreement 951 Item/Segment No.: 2499111 Managing District: Six F.A.P. No.: N/A State Road No. State Road No. 907/ Alton Road County: Miami-Dade Parcel No.: 951 Folio Number: 0232330220350 Dear Mr. Beckmann, Attachment B ANANTH PRASAD SECRETARY The Florida Department of Trans~rtation is planning the reconstruction of State Road No. 907/ Alton Road from 5 Street to Michigan Avenue. The improvements include: drainage, new pavement, and sidewalks. -Construction is· expected to begin in the spring of 2013. The Department's mission is to provide a safe roads enhancing the economic prosperity and the quality of the described area. Due to construction impact and grade elevation differentials between the Right of Way and private property, the Department improvement plans include tying in, grading and harmonization work to reconnect existing features in the private property witJ'I the road improvements which are.to be constructed. To this effect, the Department needs a temporary License Agreement to enter a strip of land ln. the Identified property in the attached drawing. The Department will be finishing the construction plans in the next 90 days. Attached you will find the proposed license Agreement. Feel free to contact us If you have a question or concern with this agreement; please return the signed document to our office via fax at 305-470-5327 or e-mail. Without the owner's agreement, the Department does not have the choice to harmonize and reconnect existing features of www.dotstate.tl.us 668 Folio Number: April19, 2012 Page Two 0232330220350 the licensors property with the highway i~provemenis. If you need more information, please do not hesitate to e-mail me at steve.imas@dot.state.ft.us or call me at 305-470-5157 or cell 561-376-1834. SCI/jb Enclosures VaEu~. Ste en C. lmas Right of Way Agent 669 09-LA.02-05/2000 This instrument prepared by, or under the direction of, Alicia Trujillo, Esq., District Six Chief Counsel State of Florida Department of Transportation 1000 N.W. 11lth Avenue~ Miami, Florida ~3172 March 30, 2012 -DD LICENSE Parcel No. : 951 Item/Segment No.: 249911-1 Managing District: 6 TinS AGREEMENT, Made the day of 20_, by and between CITY OF MIAMI BEACH, herein Called licensor, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herein called licensee. In consideration of the benefits accruing unto the licensor, the parties agree as follows: Licensor. hereby grants to licensee a license to occupy and use, subject to all of the terms and conditions hereof, the following described premises: · Parcel951 Fin. No. 249911-1 A portion of the Southeasterly 2.0 feet of the property bounded on the West by Sunset Drive, on the Southeast by Alton Road, and on the North by 20th Street, in Miami Beach, FL.· Folio Numbers: 0232330220350 · The premises may be occupied and used by licensee solely for sloping, grading, tying in, harmonizing and reconnecting existing features of the licensor's property with·. the highway improvements which are to be constructed together with incidental purposes related thereto during the period beginning with the date first above written and continuing until completion of the transportation project, but not later than the last day of June 2015. The making, execution and delivery of this agreement by licensor has been induced by no representations, statements, warranties, or agreements other th8n those contained herein. This agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the said licensor has signed and sealed these presents the day and year first above written. 670 By. ________________________ __ Print name APPROVED AS TO FORM & LANGUAGE &FO ECUTION .. ~// ( \ \ \J :~~A~ • 84+12 ~ : n: 19~53 •• . ~ :2 3904.:1' 16. • n 0.~ ·• PC STA : 542.00 • • I'T SI'A. 82+08 04 • • • • • LINE , • 85+98: 98 ·. (RTJ 1901 WACHOVIA BANK CURIIE lA Pl STA . .,. 79+75.68 A .... u• 19' 4D" o = Jo• zs· 20" T • 207.34 t. • 396.54 ft -549.75 PC STA. • 11+68.35 PT STA. • 81+64 .88 (j FOOT DISTRICT SIX . DANIEL IGLESIAS, P.E. KXJ() N.W. /liTH AVENUE IIIAJII, FWRIDA JJ/72 P.E. NO. 68241 (RTJ 1-===/~::-1 / CURVE IS ;}; ;: 1965 JEWISH HIGH SCHOOL PI STA •.. 79+69. 52 4 • 41" 19' 38" (RT) o ... zo• 43' zs• T • 201.49 L • 385.35 R • 534.25 PC STA. • 77+68.04 PT STA. • 81+53 .39 0 10 .., b# !"! Feet 2f)()8 PRNATE HOOSE 1950 APARTMENTS LEJJEIIIJ: e ~ DENOTES HARJ/011/ZAT/ON EXISTING IJJIDSCAP/1/G / SOD ro 8£ REPI.ICEO DENOTES SIOEWAUI CUT CUTS. SEE SIOEWAIX PI.N/S. ~ :::i iS ... ~ ROADWAY PLAN SHEET NO. 64 "'f""" ...... c,g 07-PE.13 This instrument prepared by, or under the direction of, Alicia Trujillo, Esq. District Six Chief Counsel State ofFlorida Department of Transportation 1000 N.W. 111th Avenue Miami, Florida 33172 May 2, 2012 -NE Parcel No. : 801.1 Item/Segment No.: 2499113 Managing District : 6 PERPETUAL EASEMENT Attachment C THIS EASEMENT Made the __ day of , 20 ___:_o by THE CITY OF MIAMI BEACH, a municipalityoftheStateofFlorida,grantor,totheSTATEOFFLORIDADEPARTMENTOFTRANSPORTATION, its successors and assigns, grantee. WITNESSETH: That the grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its successors and assigns, a perpetual easement for the purpose of installing and maintaining a pump station electrical panel and associated structures, conduits cabling in, over, under, upon and through the following described land in Miami-Dade County, Florida, viz: PARCEL801 F.P. No. 249911-3 Being a parcel ofland lying in the Northwest one-quarter(~) of Section 3, Township 54 South, Range 42 East, and lying South and West of Lot 1, Block 84 of THIRD COMMERCIAL SUBDIVISION OF THE ALTON BEACH REALTY COMPANY, according to the plat thereof, as recorded in Plat Book 7, Page 160, all in Miami-Dade County, Florida, and being more particularly described as follows: COMMENCE at the intersection of the baseline of survey of State Road 907 (Alton Road) with the baseline of survey of 1Oth Street, as said baselines are depicted on the Florida Department of Transportation Project Network Control for said State Road 907, Project No. 249911-1, dated 07/30/2010; thence N 01 °59'06" W, along said baseline of survey of State Road 907, a distance of 35.00 feet to the easterly prolongation of the North right-of-way line of 1Oth Street; thence S 88°00'54" W, along said easterly prolongation, 65.00 feet to the POINT OF BEGINNING of the following described parcel: Thence continue S 88°00' 54" W, along said North right-of-way line of 1Oth Street, 135.00 feetto the Southwest comer of aforesaid Lot 1, Block 84; thence N 01 °59'06" W, along the West line of said Lot 1, Block 84, a distance of 59.32 feet; thence S 88°00'54" W 6.75 feet; thence S 01 °59'06" E 66.62 feet; thence N 88°00'54"E 63.78 feet; thence S 01 °59'06" E 62.70 feetto the intersection with the South right-of-way line of aforesaid 1Oth Street; thence N 88°00'54" E, along said South right-of-way line, 12.00 feet; thence N 01 °59'06" W 62.70 feet; thence N 88°00'54" E 65.98 feet; thence N 01 °59'06" W 7.30 feet to the POINT OF BEGINNING. Containing 2,187.8 Square Feet, more or less. DD/CG/04/11/2012 AS SHOWN ON EXHIBIT "A", ATTACHED HERETO AND TO BE MADE A PART HEREOF 1 of 6 672 TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever, together with immunity unto the said grantee, its successors and assigns from all claims for damage, if any, arising from or growing out of such construction and/or maintenance to the lands, if any, owned by the grantor, lying adjacent or contiguous to the lands hereinabove described and the grantor will defend the title to said lands against all persons claiming by, through or under said grantor. IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: ---------------------------The City of Miami Beach Its City Clerk By: -------------------------------- Its Mayor Address STATE OF FLORIDA COUNTY OF MIAMI-DAB The foregoing instrument was acknowledged before me this __ day of 20 _,by -------------------------------·' Mayor, who is personally known to me or who has produced as identification. --------------------------- (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any: _____________ _ APPROVED AS TO FORM & LANGUAGE &F CUTION 2 of 6 673 EXHJ BlT II A11 LEGAL O:.SCR"PTION -PARCEL 80 1: Being :l parcel of land lying ir the Northwest on~ quarter (Ji} of S.ect.on 3, Township 54 south, Rc'mge: 42 t:::.s-;:, ;:nd lying SOUt.'l and lNi'!St of LOt 1, Bloc.k 84 of THIRD COMMERCIAL SUBDIVlS[ON OF Tl f[ ALTON BEA.CH REALTY COt.IIPANY, act:.ordin!,l to Lhc plat there<lf, as recorded in tJiuL Book 7. Pug!?. 160, ell iq tJiiall'i·Di.itde County, Flo~idi:i!, and .oeing more particularly described as follows: COMM~CE at the int.erser.tion of the basel·ne ot surv~y ot State Rnali 9fl7 {Alton Road) with the bilsi'!llne <tf survey of lOth .street. as SOlid IH!SelirJeos .:.re de-pit:Led on the Florida Dep::~rlment of Trans.portatioJn Project Net:w~>rk Control fur s~:~itl Sl~:~L.:-Road 9{}1. t'r-ojec No. 2499H·l, dc:tE!d 07l30J20 10; thence N 0 1 .. .59'06• W, e~loncl said baseline of survey of StBte Roacl 9{1"/, a. distance: of 35.00 feeL I:J tile 'ii!a5terl_v pr-oltmgvtion {If lhe ~orth rignt-.gf-way iine flf lOth Street: thence S as~OCI'S4• W, ul(mg :;a1d E!uS:E!rly pr:JIDngation, 65.Cl0 te~At to thE! POlNT OF BEc;;rtiiN"NG of the following desc.!'lbed p.;,n:a·: Thenct' con~inue S 88"00•5.:111 W, !illo-ng said No~h tigt:t"of~way line of lOth Street, 135.00 feet lo the S~\lthwl;!.&>t cornl;!r I"Jf &fori-ii\id L.ot 1. E31Qtk .134: thencr;J N 01•59 0611 W, alc-ng the West line of saio tot 1, Bh.a:k. 84, r!1 di::;lilm:e of 59.32 fef!t; thence S 8Suoa•s4n 'IN 6.75 feat: thenr.e S 01a5·SP06 11 F 66.67.' ~c:ct; thcr:c~: "" 88"00'54. E 63.78 faa~: thencQ s 01 y59'0fi." e f.i2. 70 feet to the lnte.rsec:~itJr: IIIith Lt·e South right-;,f-way line of aforesaid lOth Street; thence N 880)00'54• E. Blond s.e.id SouLh r gt·t-Df-w~y lin~A, 1?.00 fP,et.: them:fi.! tor.· 01°591 0611 lN Ei?..70 feet: thence N 6.8 ... 001 5411 F 65.98 reet: :hence N IH"'59'G6' W 7.30 IE!E!l 1..0 Lh€;l POINT OF BEClNNtNG. Co'ltaining ::! .187 . .a Square r-cct. more or less. GENERAl NOTES: -Tt 1!5 IS fo\OT A FJELD SURVEY Reproductions or thfs m£~p .are not Yalh::l w"ti-Jout the signature and origindl raised seal o .. the c oriO:a LlccnscLI Survey-or iH1d Mapp~r in re-spor.sible t:hi:H'gl:i!. . • LQnds. !lhcwn i"'P.r'f!M WE:'re 10~ abstracted by this office for righl:s-uf-way. e111sements of n~!.urd, Dwnersh'p, ah::md(Jnmel1ts. deerl restric'::ions, or Murphy Ar:t Deeds. Til is inf.orm~;:ion shet..•d t:e obtained through appro:pr o-:e v P.ritic:at i-r:: n . · The Be-5rhg~:> shown hE!n'!an are rP.-ferenccd to the Basellni'! of SUIV~y ~;~-f St;,te P.oad 90 I (Alton Rood). hMing a beerinQ of N 03 "59.06 11 W. as shown on L:n;o F orida Department of Tf.a.nspl)rlc!Lion Prnject Nt=!twork Con7rol for said State Road 907, p-epared by \.1anucl G. ve:r<D & A:uo.:lt.tl!s. lne .• Projer;;t No. 249911-1. DatP.d {17/3{}/::!0 10. • Dimensions shavm '-lr' sk:el:r:r art=! c-alr.ul3ted based em 1iles pro'!Jii:led by FOOT project mana!}cr. -Ad{li~ions ttnd/or deletions to survey ltli&p~:>, sketches or report,; by .an:y party o~her lhan Lhe signin-g party are prohibited without the written· e~B~4li* ·of the signir:g Darty. v'~h {<< •.:'7 .. ::· .. -L=.·<:·-. . .i i ' . ·.· .··"ll~ •·:..~·:· ... '., . ~ .... (.:. ~.-:· .. ~·· .t'.}-\ ... .. ... T "'i5 dG~ .. Jrrer.t consists llf two (2:) she-ets a "!d s ha II not be co r.sldered 11..11. 'otalld, ill"!d C.Oil"p f!tf! J1lf!5~ P.a:"h :<;t'P.oAt 1!1. ilttiil(.hf!LI te> t"JI(' 11111-l'!f. II'! ~~---t •t;;{! ~·~ ·~ -, ,, 1, u- 1 ~~ 2... 'J -.• , ..... lt,.l. ~ .!. -:. -, FLDR[DA OEPART~NT OF TRA~SPORTATlCN SKETCH TO ACCOMPANY LEGAL DESCRIPTION t------+-1 --lr----tSrATE ROAO NO. 907 P.IIM.II•DADE CCUNT"I' -;···· •• ;.;-;;;--~~·PIJ;£) &to. --I D•fL .i(lLft;;<:t I Jvl J.:l•ollr ;1 '.'I hLL ~L .. _II6L NUfE~ Dl'tLIIII b.DEIIJC'S ID~..,.II2 I ------; 1---.L-~-~t-~~---~-. --4-l .. -.-. --1"-,"-,~-~~o+e-.c.-Aa-c•_.lt_414_,-1 -, ,-;ll F. P. No. 2-4!11 1 -:!I sEc nett a To! 7 SHEEt • OF t 3 of 6 674 0') ·""' ........ 0 Hl 01 0'\ I'ARCEL NO. I OWNER'S NAI'-11:: F!.I:MAlNDER P"ARCF.L AREA COr.t1MEI'IT5 EXHIBIT 11A" 2":-HH.S SO.FT. 8{} 1 I CJTY OF ML'\Ml REACH UNDFTERMINED THIR.D COMMERCIAL SUJlDlVISION --· -OF THE ALTON BEACH IU:ALTY COMI'ANY --_f:GI!ND: ~-Rii*llllie ~. P.llr~&JI :d&JnLifit:..,tion Number :x . Exist r,g FOOT· FIOI'idc~ Ot:pJ•Lrnr.nt ot Tron:soorta:la:m F.P. • ri11an.; 11111 Pr3ictt PIO. • Nl.l"'bll!:r lP) -Dl:ne::slon t:"t" Pll L P • .:.. • P ;t Book PG. -:~age: Fl. R.tuiu:. R.G-E. -R;; nge n 11.1 14 P.B. 7, PG. 160 ~ s 88$00'54" w 6.75' :2 150.00' (P) BLOCK 84 l ~ .... o-~c <[ no <ac:: ~z wl: 1--1 0:( ''II( ~­V) IT) ~ ~ 0) P.l\o'J • II l;lit-of-wa·t !.CC. Scctia, POINT OF 8 BEG£NNlNG \ :31-I:::X.lST. NOR.TH 5.... In u z,.j~ 'S.F. -:state Roa f.' sn.. 9mtion nvP.-Teo,.,n~hip L"": :-r: CX£ST. NORTH Rfii\1 UPIIr-26:5 lOTH STREET S 01*5~'0fi." E 62.10' EX'f~T . .sffilTH MN LLNI:. __ 1 . r t· y z ~ _. < RJW UNE.-, ; 135.110' ~ ..,.a--R-= 1.5' , ;:::,...:---6-:.:;-:-oo'---:--1\ N as·no·5...,4:-:-, .. E_ .... , s 8a~oo'r;4' w . f 65.98' "'-.N C: "~9'06" VII 257 \ J \_,\J s.s~oo•s4• E 12.00" (.1 7.30' ·-\ 20 40 0 z ~ e:: ~ co• .ao w N '1!1' ui F!) LY! Ul "'' If] Q.. ~· "'I ~ I.Jl J20 I hi.s doc.un\t:nL c;o•l:l;i6l:s of ~wo (2) sheet5 anoJ i-h!!l• nol be ..:on.s.dered 1\111. v:.lln, ~;mo corlPiclc un:ess each .;t,H:t Is attiil(h~ to the other. --Sr.iitle: 1" = 4(}' FLORIDA. DEPARTt.ENT OF TRANSPORTAT[ON ·-----t---ISTATE rt04D Nl), 'IQ7 ~~A~I·DAD~ COUNTY KETCH TO ACCO~PANft 1 LEGAL DESCRIPTION . ~-.... U•l.t I :r.:I"•H:.L! ::.... IC'""'" :OliJHLt.l -:-1. V~ J I \'>I W::T G ':1-L :iLit.. ~.\I. h'OTES Ct. 'lo~FFT 1 llFUMI lll.IIENIS. ~.H)<41•.:! • ' CHI:(ILI:I) ~.f;ollll'!:l.l n4JIIJI3! F.P. NO. 249911-3 S£CTitlt,l t70:Il. ,I SHE(f 2: OF ' I)~"L ~, p~.-tu~ 07-PE.14 This instrument prepared by, or under the direction of, Alicia Trujillo, Esq. District Six Chief Counsel State of Florida Department of Transportation lOOON.W. lllth Avenue Miami, Florida 33172 May 2, 2012 -NE Parcel No. : 801.1 Item/Segment No.: 2499113 Managing District : 6 RESOLUTION ON MOTION of Commissioner __________________ , seconded by Commissioner -------------------'the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 907, Item No. 2499113, in Miami-Dade County, Florida: and WHEREAS, it is necessary that an easement across certain lands now owned by The City of Miami Beach, Florida, be acquired by the State of Florida Department of Transportation: and WHEREAS, said use is in the best interest of the City: and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State ofFlorida Department ofTransportation a perpetual easement, or easements, in favor of the State of Florida Department of Transportation for the purpose of installing and maintaining a pump station electrical panel and associates structures, conduits cabling and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of The City of Miami Beach, Florida, that the application of the State of Florida Department of Transportation for a perpetual easement, or easements, is for transportation purposes which are in the public or community interest and for public welfare; that a perpetual easement, or easements, in favor of the State ofFlorida Department ofTransportation in Miami-Dade, Florida, should be drawn and executed by this Board of City Commissioners. Consideration shall be $ ___ _ BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at Tallahassee, Florida. 5 of 6 676 STATE OF FLORIDA CITY OF MIAMI-DADE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of Miami Beach, Florida, at a meeting held on the __ day of , 20 __ . ATTEST: --------------- Clerk (or Deputy Clerk) of the Circuit Court (Affix County Seal) 6 of 6 677 The Board of City of Miami Beach, Florida, By its Board of City Commissioners By: -------------------------------- Its Chair (or Vice-Chair) (Address) 07-PE.13 This instrument prepared by, or under the direction of, Alicia Trujillo, Esq. District Six Chief Counsel State ofFlorida Department of Transportation 1000 N.W. 111 th Avenue Miami, Florida 33172 May 2, 2012 -NE Parcel No. : 802.1 Item/Segment No.: 2499113 Managing District : 6 PERPETUAL EASEMENT Attachment D THIS EASEMENT Made the __ day of , 20 __ , by THE CITY OF MIAMI BEACH, a municipality of the State ofFlorida, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, its successors and assigns, grantee. WITNESSETH: That the grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its successors and assigns, a perpetual easement for the purpose of installing and maintaining a 36" DIP storm water force main, all associated fittings and dissipated structures in, over, under, upon and through the following described land in Miami-Dade County, Florida, viz: PARCEL802 F.P. No. 249911-3 Being a parcel of land lying in the Northwest one-quarter(~) of Section 3 and Northeast one-quarter(~) of Section 4, Township 54 South, Range 42 East, and lying within the right-of-way of lOth Street as depicted on the AMENDED PLAT OF FLEETWOOD SUBDIVISION, according to the plat thereof, as recorded in Plat Book 28, Page 34, all in Miami-Dade County, Florida, and being more particularly described as follows: COMMENCE at the intersection of the baseline of survey of State Road 907 (Alton Road) with the baseline of survey of 1Oth Street, as said baselines are depicted on the Florida Department of Transportation Project Network Control for said State Road 907, Project No. 249911-1, dated 07/30/201 0; thence S 88°00'54" W, along said baseline of survey of lOth Street, 65.00 feet; thence S 01 °59'06" E 13.50 feet to the POINT OF BEGINNING of the following described parcel: Thence continueS 01 °59'06" E 15.00 feet; thence S 88°00'54" W 73.16 feet; thence N 46°59'06" W 36.77 feet; thence S 88°00'54" W 198.95 feet; thence N 46°59'06" W 38.18 feet; thence S 88°00'54" W 61.87 feet; thence S 43°00'54" W 11.31 feet; thence S 88°00'54" W 265.59 feet; thence S 03°38'10" E 1.66 feet; thence S 86°21 '50" W 2.42 feet to the intersection with the West line of 1Oth Street, as it is shown on aforesaid AMENDED PLAT OF FLEETWOOD SUBDIVISION; thence N 04°01 '56" W, along said West line of lOth Street, 16.74 feet; thence N 88°00'54" E 267.30 feet; thence N 43°00'54" E 4.71 feet; thence N 88°00'54" E 15.00 feet; thence N 01 °59'06" W 4.67 feet; thence N 88°00'54" E 59.02 feet; thence S 46°59'06" E 38.18 feet; thence N 88°00'54" E 198.95 feet; thence S 46°59'06" E 36.77 feet; thence N 88°00'54" E 66.94 feet to the POINT OF BEGINNING. Containing 10,234 Square Feet, more or less. DD/CG/04/25/20 12 AS SHOWN ON EXHIBIT "A", ATTACHED HERETO AND TO BE MADE A PART HEREOF 1 of 7 678 TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever, together with immunity unto the said grantee, its successors and assigns from all claims for damage, if any, arising from or growing out of such construction and/or maintenance to the lands, if any, owned by the grantor, lying adjacent or contiguous to the lands hereinabove described and the grantor will defend the title to said lands against all persons claiming by, through or under said grantor. IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: -----------------------The City of Miami Beach Its City Clerk By: -------------------------------- Its Mayor Address STATE OF FLORIDA COUNTY OF MIAMI-DAE The foregoing instrument was acknowledged before me this ____ day of 20 ___ , by ----------------' Mayor, who is personally known to me or who has produced as identification. --------------- (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any: ________ _ APPROVED AS TO FORM & LANGUAGE -----FOR EXECUTION \,\to\ \t, Date 2 of 7 679 EXHIB1T 11A11 LEGAL DESCRiPTIO."' -PARCEL 802: Being ii parcel of land lying in Lhc .Northwc:sl ar:c-quilr"li!r f Mt~ of Section 3 i'lrd NortheHsc t>ne-qlli!ilr~~r (~) of 5e.:::til:m 4, Township 54 South, P.al}ge 42 East, a.nd lying wit·lin Lht: tiyht-ot-l1Jay of 10th StreE':t a5 depicted on tne Ar.IIENl1ED PLAT OF FLEETWOOD SUBDlVlSION. i!!!t(:¢rdillg to the plat ~hereQf, es re:ol'lled in Plat Book 2B, Paye 34. all In Miami-Dade County, rlorldu, and being mere pl!lrtil:u larl•t descri;Ded as f(llll:tW.5: COMr-tENCI: at the lnlersediun or Lhe baseline af sur...-ey af St:ate Road 907 (Alton P.ocd) with thc- ba.sel;ne o= sLorvcy <Jf lOth Stre:~t. t:~s sold bosellnes tlre depltt&o on the Florida Depvrtment of Transportatior Project Ne-:\'IJork Control for said St~tc R.oaa 907. Prr..]c:ct No. 249911-1. dutr.d 07/30/2010; l."'lence s f!S"M'!:i4" W, aloml said baseline of survey l)f lOth Str~ct. ti5.00 feet; lht:H'ICE! S 0 1"59'[}6" E ll.SCl tAI!t to thl:! P01NT OF BEGINNING of the foll-owin~ described parcel: -herce (Ontinue S 0 P!:>9'06' : 1s.oo feet; thenc:.e s ee~oo•s4• w 73.16 fe-~; the:'l<:e N 4&~59'{l5" V·i 36.77 ... eet; thence S ae~00'54" W 198.95 feet; thence N 4il 6 59'M" W 38.18 :'p,f!t; Lhem:e S 88.00'54'" W 61.37 feP.t: then-:e S 43~00 54' W 1:.31 feet~ thence S S8"'0t>'S4" W :Z6S.59 feet; thence s o3u:38'10' E 1.65 tMt; th!f'nce 5 86~'21 50 • W 2.42 feet tl) the-intersection wi~h tl'.e West line of 10th Street. as It Is Sh0\'IH1 on 111rufe.!o=.t!d /\MENDED PLAT OF FLEETWOOD SUBDMSlON; thence tJ 04~0 1'.56" W, alorg said West line of lOth scrut, 16.74 fa@t; thanc:e N 8B"OD'SII" E 267.30 feet; >hem;l<.! N ll.3•tJ0'54' F 4.711eet: tttence N a.a~oo'S4' E 15.00 feet; then-ce N Ol~sg•n6' w 4.67 fE!eL; l•nmC(:! N sa~DQ'54' E 59.£.2 feet; tl-f!nt;t; S 46 4 59'06" F .38.18 fell"t; thence N S8AOQ'~4" 1: 19!1.95 feet; tnc::ncc S 4b~59'0o• E 36.77 feP.t; thML':~ N as•OO'Sil" E 66.911 fell"t to ~he I"'O(NT OF EIEG1NN1NG. Contai., i'1!:i 10 234 Sqt.JQrf.'l Feet, more ar less.. GENE~.AL NOTES: -TillS [S NOT A··FIEL:> SUF\VFY -~eprodv<:~icns. <lf this. mi:llp Qre r.ot valid 'L'Jith<lu~ the s:ignature: Qnd original rii5e::l seil of the florid~ Licansed SurvP.yar ~nd f-1aJJper in responsible t.h~rgo. -Lands s.h.oJNn hll!f~Qn were not abstracted CJ'i tris ottlce tor right$-l)f-way, easements ()f r~cofd, o-.\•nf!rship, abandonmenh, deed restrlc.tlons, or Murphy Act l);:!f!d'>. This information shoui.U b(:! obta.inP.n through appropriatc- veri11~aticf'l. • The D.::!!!rrnglii shb~.,., hf!reon a.'e reference-d to t·le ll8SE!Iir'te or Survey of .Sta:-P. Road 90t (Alton Ro.ad), tl.avirtg iii bearing Qf N 01~59'66'' w, as shown (In the Florida L>epalt'ltent of 1 ri!lnsportiltion PrQje(t lllet:worl;: Control for said Sl.rsle Ruad '907, pfflpared by Manuel G. Vera & A!:ls4lc:aLes, In(;., Project No. 249911-J. Det$d 07/30/20 lO. -Dimensions shown on sk:et~:h ~ffl r;alculated based on tiles Gra ... itJeu by fDOT ~~~~~ . . -AdditiQ'lS ~nd/or deletions to :s..wvey milfl~. likP.tchf.'-s or reD<Jrts. ·bY'' ~·rtt· party alher lmm the signinu parly arc-p.rohibltl:l:d wit b. Lhe writtl!!n •l:tirtS>eti-:-. of•_ the s·gnlr.g ~arty. I J. .~· t; >~·.;:.~;~~.:·; .. -~i · .. . ~·. r~·~~~,~;·t. u;~"-:·.'j;:~ ;.~\ U4 t~ Eofi. lt.i.s d ocumer.t ccnsi ~t£ of three .:3) sl" eets: ancr s:t'al n.ot be cor.sldererJ fUll, vaiiQ, CAR s .R:· GI{RSL! f :· : I OA E PR ~S10NAL:.~.Wif:'4d~ .. ;if'J6f~AI' P:R ana c:omp lntn Jn IO"i::<: • !;1tt1 ~h r:~,l i•.; ., l,\lC.:h!:L\1 lo lilt"! otht~l. Ff 0 .. ~A l.lCENS>f."N~.-~o:£.90"' .._ ,· .~· ·-... ·.::t~;nti').(,·~,· . ........ ······ I FLORIDA DEPARTNENT OF TRANSPORTAT[O~ SKETCH TO ACCOMPANY LEGAL DESCRIPTION l---------1~--15 T.t. TE. ROAD NO• 907 WUW[ -DADE. COUNT't ~-------------------------4---------t--------.-~~.----~n=.T~~~~~M:~~~~t~~~~~~------------·------------------p~~~~~~~:~~~:~.,-------------- 1--------------------------+------t-=:::-+:-:::-::-t:-:-::--:-F :o-D I nR: : T \'I llti'lll ll'aliEI'II 5o {I~ ..04111 1 Slf[ET I OF !t 3 of 7 680 0') co ....Jo. "" 0 t-h -..J ~ PARCEL NQ. OWNER.IS NAME .so2 CLTY OF MlAM£ BEft.CH -nioSJii!llnP. ;!?,. J>,m r:l ld~!nliD~.2Unn t..u111b1:1r t:)IJ -l:ldstina FOOT Flur ia ~ Dup;:n Lr•c r L rrt Tr:r.ns ~~rtat on f.P. Fin01rc ~I Project ~0. · t.IJMIIo!!:r :P:-Dimension bY Plat P' .a. -Plat Book =r.::l.-Pw;G R. 1\~tliu:. RCiE. • Rilln(le \I'N -l'ilit=ht-ot-'aVay SEC. Scctian S.;f.. -s:ate ~01a::t STA. -$tutloo-r 1WP. Te.wnshi.:;> 1.3 14 --~1!)1. NORTH R!W lLNt: ·--•• -19-1:1.95' s 88904}'~4" w 1 9!:J::9-51 ""I ~ z 1"1 lOTH STREET ::::i G I ' EX.lS't_SOUTH RJW UNE 1--~ :! 15 BLOCK 3 COMMENTS REMAINDER EXHIBIT .A .. UN DETERM [NI:.IJ (}I . t-u z 0 ~ <[ ~I::;;--'"" 6 '! SURVFY ....,.......""-.. ~6~1;~s9IOtj" w~ 1. l."ifl.O:l1 rr~ BLOCK 84 1 ...... o-c:nO Qc( <0 or.c a::z wo ~--~ g ~<( 1.{\ u:::-gk-l~U.IJO Wi R = 151 '\ l !)0' ---~y S 46a59106" E 36.771 4'1'1 f'1 N N !36*.00.~4" C :---s 0 l ~591061 E ,.. .... c ;c: )-"" :;:. ...:: ::. ..., r£tl '---' ~.50 ~ ~POl NT OF rJI:~lNNlNG -...,.--S C 1 ~59'1)61 E 1 ~ 8B"001.'i.o1 I w 6.S01 ... ~ o;2" Ul :') 1!£ VI '0:1" Lr,. ..._:. ~ """ Fo-!'<1 u Vi' 150.001 1:1) -[ --_~--· '15.001 7;·Ll61 -• ' 1{-1~ I ~l~T RJ ... 9~~~~1iflli,l!!;, ') 16 AMEMDED PLAT FLEETWOOD SUBDIVISlON ThiS dotum~n-: ccn:r;ists of three (3j sheet.; o'lnd shall 'lat be co•·s'oered f.J I, valid. and complete •Jnle;s E':;.r:h ~ht~~~• ;<, illl<~rhed to the ot'ler. P.B. 28. P~.-3-4 FLORJDA DEPARTUE~T 0~ TRANSPORTATION l------....:._---1 !. TAU: ROAD ttQ. 901 [} 10 -40 80 120 --Sr.t!,e: J I = 40' YIA~[·D~CE COUNT~ KETCH TO ACCOMPANYt I I ~l ru.·r I ~~E.I'~'E~ b' I rpo:.T c::stR:Ic-; , ... a. ................ -...................... -...... 1 r ~l!IN fl.D!Ift~ 04 tl)il ~ll L E CAL DE SCR I p T J ON III:'~TCII A· ;-.IT. tHEtKEII c. !Mile 1.r. -~T.I!i..rr t I F • P • .Nil. 2.tt 99 1 I -3 'SHEET 2 OF .5i 0') co 1\.) (Jl 0 H1 -..] llARt:EL NO. I OWI\JI:P.1S NAME RI:MALNDER COMME\ITS 6{12 I Cl'IY Ot MLAMJ BEACH I • • ase ~e I lliGi!! • 1-'ar.:-•1 lrfl'lnt 1ir,llftllln Nu·r1t1111' I •~• 1. • -:x ;brg rDOT • rlar id21 De;;.s ·1 mr.nt of Tra.1SPOI'Atlon I. F.P. F n~nd~l "rnjr.rt NO.· Numbe•· S (P) • Lllmo~:rslor b'J l'lo.t c.n I P.a .• Pl;t B4l'k. n PG. Pag!!! BLOCK 80 10 IJNOETERMJNI:D P. • 1\iJI)IUS > RGE. """iC' N 01"'.59'0-5" W Z ":;EC:. • ~ e~t.on < I Mo,l • Fl.lg:-.·of-l'iay ~ 4.67' m S.R. S~,:i~JZ Rll\ld 802 N as~ool 54 I E STA. • ~-:atlon 15. OC' ~ T'ltP. -·owns.11p 3.501• N 43"'00'54' E ~ I exlST. NORTH RIW uNc_,. >73.7()' ·:>'i f 4,11' -., ~· ft~~~-~~ A 0 r-::06 J • .30' l -=' f t.•! I'll s 88"{10'~:i4' w 262: 265.591 If:! !.0 EXHIBIT 11A11 7nl " w I-:> ~.nz IIJw 3=> o( 5 46~59106" E ;~s.ls1 I 59,021 I N !3S"OO'S4' E \ V.----s 86"'00'54~ w 61.871 IJ.J {'., 'It w ~ vi ..:,t ... .., r;L s: t-v La' 1"1 u t:f ,. ii:l ...... w 1(1 I 5 03'38110" E ~ EJ8VI}(J'S4" w 5 4;34D0154" w ttl 8 ].661 lUl' ~<:r I s su~n·:,o" w lOTH STREET ;r. N 46"59'Uo·· w 0~ 7..4) I I'll 36.18' z,, ' ____ ... ·-EXJST. SOUTH R/W LLNE __ -~ 286 2C• (P) .'}.. lS R:::.l5' ? \1 BLOCK: 1 / •.. -... I AMENDED PLAT FLEI::lWOOD SUBO!VIStON P .8. 2'8.PG~~:34 (I 20 40 80 120 This dot:UI"'oent cansisl:i of thMe r:i) ~l'le~L:-; and sh::all r1ot be r.an.~idf!rP.d fvll. -v~ id, ---LLI ::z ::i :I: u !;( !'! anci r.ornpl~l~ Lilli:'':>'> ~:ad1 ~lu:-t:t is !Attlu:hcd L(l :h~ Olht'l. Scale: 1 • == 40· F'LOOl DA bEPARTt.£NT OF I TRANSPORTATION I n~ ~Art I"~~IFMn ~t. 1<E TCH TO ACCO~AN"' 1 L'tl_.,. u,~[~-DttD4!I:ti'Di>T t:m:c· ~ ,n. ~· .. ···~-;····· -·---I LEGAL DESCR [ PT) ON os••~ r.·J A· • r J--------+---1 STATE FtOAD MO. 90f Ul~f-OADE COU~Tf &RF!&KEII c.IJI.IICIA;D4mirl2'j F • P. tlt:l. 241!1'911 -3 "'ll1{ 'SIIE.ET 3 OF ) 07-PE.14 This instrument prepared by, or under the direction of, Alicia Trujillo, Esq. District Six Chief Counsel State of Florida Department of Transportation 1000 N. W. 111 th A venue Miami, Florida 3 3172 May 2, 2012 -NE Parcel No. : 802.1 Item/Segment No.: 2499113 Managing District : 6 RESOLUTION ON MOTION of Commissioner , seconded by Commissioner ------------------------------------~-------------------------------' the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 907, Item No. 2499113, in Miami-Dade County, Florida: and WHEREAS, it is necessary that an easement across certain lands now owned by The City of Miami Beach, Florida, be acquired by the State ofFlorida Department ofTransportation: and WHEREAS, said use is in the best interest of the City: and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State ofFlorida Department ofTransportation a perpetual easement, or easements, in favor of the State of Florida Department of Transportation for the purpose of installing and maintaining a 36" DIP storm water force main, all associates fittings and dissipated structures and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of The City of Miami Beach, Florida, that the application of the State ofFlorida Department of Transportation for a perpetual easement, or easements, is for transportation purposes which are in the public or community interest and for public welfare; that a perpetual easement, or easements, in favor of the State of Florida Department of Transportation in Miami-Dade, Florida, should be drawn and executed by this Board of City Commissioners. Consideration shall be $ ___ _ BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at Tallahassee, Florida. 6 of 7 683 STATE OF FLORIDA CITY OF MIAMI-DADE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of Miami Beach, Florida, at a meeting held on the __ day of , 20 __ . ATTEST: ---------------------- Clerk (or Deputy Clerk) of the Circuit Court (Affix County Seal) 7 of 7 684 The Board of City of Miami Beach, Florida, By its Board of City Commissioners By: -------------------------------- Its Chair (or Vice-Chair) (Address) 07-PE.I3 This instrument prepared by, or under the direction of, Alicia Trujillo, Esq. District Six Chief Counsel State ofFlorida DepanrnentofTransportation 1000N.W.111th Avenue Miami, Florida 33172 May 2, 2012 -NE Parcel No. : 803.1 Item/Segment No. : 2499113 Managing District : 6 PERPETUAL EASEMENT Attachment E TillS EASEMENT Made the __ day of 20 __ ,by THE CITY OF MIAMI BEACH, a municipalityoftheStateofFlorida,grantor,totheSTATEOFFLORIDADEPARTMENTOFTRANSPORTATION, its successors and assigns, grantee. WITNESSETH: That the grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its successors and assigns, a perpetual easement for the purpose of installing and maintaining a pump station electrical panel and associated structures, conduits cabling in, over, under, upon and through the following described land in Miami-Dade County, Florida, viz: PARCEL803 F.P. No. 249911-3 Being a parcel ofland lying in the Southwest one-quarter(~) of Section 34, Township 53 South, Range 42 East, and lying South of Lot 1, Block 78A of COMMERCIAL SUBDIVISION OF THE ALTON BEACH REALTY COMPANY, according to the plat thereof: as recorded in Plat Book 6, Page 5, all in Miami-Dade County, Florida, and being more particularly described as follows: COMMENCE at the intersection of the baseline of survey of State Road 907 (Alton Road) with the baseline of survey of 14th Street, as said baselines are depicted on the Florida Depanrnent of Transportation Project Network Control for said State Road 907, Project No. 249911-1, dated 07/30/2010; thence N 01 °59'06" W, along said baseline of survey of State Road 907, a distance of35.00 feet to the easterlyprolvngation of the North right-of-way line of aforesaid 14th Street; thence S 88°00'54" W, along said easterly prolongation ofthe North right-of-way line of 14th Street, 65.00 feetto the POINT OF BEGINNING of the following described parcel: Thence continue S 88°00'54" W, along said North right-of-way line of 14th Street, 130.73 feet; thence S 01 °59'06" E 18.90 feet; thence N 88°00'54" E 108.88 feet; thence N 01 °59'06" W 11.25 feet; thence N 88°00'54" E 21.85 feet; thence N 01 °59'06" W 7.65 feet to the POINT OF BEGINNING. Containing 2,224.9 Square Feet, more or less. DD/CG/04/12/2012 AS SHOWN ON EXHIBIT "A", ATTACHED HERETO AND TO BE MADE A PART HEREOF TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever, together with immunity unto the said grantee, its successors and assigns from all claims for damage, if any, arising from or growing out of such construction and/or maintenance to the lands, if any, owned by the grantor, lying adjacent or contiguous to the 1 of 6 685 TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever, together with immunity unto the said grantee, its successors and assigns from all claims for damage, if any, arising from or growing out of such construction and/or maintenance to the lands, if any, owned by the grantor, lying adjacent or contiguous to the lands hereinabove described and the grantor will defend the title to said lands against all persons claiming by, through or under said grantor. IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: ---------------------------The City of Miami Beach Its City Clerk By: -------------------------------- Its Mayor Address STATE OF FLORIDA COUNTY OF MIAMI-DAE The foregoing instrument was acknowledged before me this __ day of 20 __ , by -------------------------------' Mayor, who is personally known to me or who has produced as identification. --------------------------- (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any: ------------ 2 of 8 686 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~~ LEGAL DF5CRrPTrON -PARCFI 304: 3eing ::~~ parr.-P.I r>f laod lyir.g in tn~ Southea:;t one-quart.e~ (~) IT Section 33 and SDuthwes~ one- quarb::!r f/t) ul Sedior 34, Township 53 Sauth, Range 42 East, iind lying within the right-af-wr~y of r4th StreEt as d€P ctea oo the ALTON BEJ\CH REALTY CO'S. rLAT OF ALTON BEACH BAY F~ONT, <.Kco~<Jing t-o the pli!t the· eof, as !"'EH.:orded in Plat BElok 4, P'aQe 125, .all in Miarni-:lade County, Fla~ir:a, and beil"g rrn~e pt.~rtl.::ulorly de.sc:rlbed ~s foiii)WS: COI\olMI::NCC at the intcr!>ctticn of the baseline of Sl. rvcy of State Road 9417 (Alton Roadl 'iJith the baseline. (If survey ~>f 14t" Street, as said ba>elines are depicted oro the Florida Departmen-: of Tr;:mspnrbitian Projecl Network Cantrnl for said S.tate: Road !J07, P'rojecl No. 249911-1, diiited fl7/30/2Dm; thenef! s 8B"DC'54" w. alontl said bc!!AIIrtff ar suNey o' 14th strMt. 65.GC ff.!at to the POJNT Or OCG!NNlNG af the following dasc.rlbed parcel: Thence 5 or59'06" E 2.41 feet: tre1C:E s 88D00'3-1" w 363.86 fl:"el; thent:t' s 42n03'01" w 23.61 ft:u~t; tht=m:Et S S8a00'31" W 590.90 feet; ~hencEt S 42.03'01' W 15.12 reel; lhencs S B8 2 01'22" 'W 36.73 tP.t!!t to t"'f! lnler~ec:t:lon with the west line of :4th strai!!t. u It Is sho\vn o"' tl\e PLAT OF THE SU BD[IJISlON OF THE NO~TH 23:0 FEET OF LO-1 OF TtiE SUDDMSION OF BLOCK SO Or ALTON 13 t::ACH RfALTl' COI\lPAt..;Y, according to the olat tr~reoz, as re<:orded in Plett. Book 34, Pag~ 25 in the pu.Oiic f'ecords of Miemi-lleu:l('! Co~mf'>J, F•orid~; th.ent"e Ill 3Ga33'S8" w, !!ltmn -:;aid We')t lin~ of 14th Street. 17.18 feel; them:!:! M 3-1."58'11' E 1.57 feel; lhert(.;ll! N 8Sa01'22" E 38.80 r..-r::l; lhent.:e N 42"03'01' E 15.12 flf:et; thence N ssQOD'll' E 590.90 feet; t"'once N 42u03'01" 1: B.til fee-t; thence \J BsvaD 31' E 3?0.2.3 feet; thence S 01 ~59'06" E 12.59 feet tx> the POJNT OF BEGJNNfNG. ContRin ing 15,.':.30 Squtt."lit Feet, more ar less. GENE::tii.L NOTES.: -THIS rs NOT 1\ FIELD SURVEY ~L!pfcduclir.m::. ur lhis rnup ;,:ue not valid without the sign<!~i.Jre a!ld original raisea seal of the ~lorlaa uc.ensec 5ui'YE!'Vor and MappoP.:r in ~~sronsible (;herge. -L;;,nds s1r.wn herP.on we~ not abstracted by this oftlce for rlghll:l-01-ll'lilly. eilseme:nts or record, owru~r~llip, .abanclonmer.~s. deed restrictions, or Murphy Act Deeds. Thi::i inrurrni:Jlian sho•Jid be obtr~ ined thn:n.Jgh appropriate verifira. ~ion, · The Bevrings ~howr. h-ereon are referenced to the i:lii:seline l.lf Sui"'.'EtY ot Stf.tba Ro12d 907 (Alton fl..o;;,dj, hr~v· n9 a bearing of N 0 1·~Y'06" w. as shown Otl the F-iori(la Depart me-n~ of Transpofle.tion Pr~je~;L · Net\"fO"k CDntrol for sai<l Stat~ Road 907, prepared by Mar.uel G. V;::ri:l & Ali:::;ot.:i;Jtes, lr.::., Projec;t No. 2499:11-1, 0-E~t~d 07J30l2010. -Dlmensiol'!s. sl'lo~vn on ~ketcl1 are cal<:~lated based on fiics pr ~Yid'.!d by fOOT proje{t rra:l!'lgCr. . · · • • •., • Ad di~i ems on ator d c-1 ctior.s to survey m up.s., ~-~e lr;~ $ ~r rep-t>.r.t&. by· any. pa (ty other_ tr~Hl thf!! signirlg party are prohibite-d wilh ~ll/fc ''H il:t;.n .r.'ll_.t'l~~nt.. 9f>. lhe "•!;Jntng party. rt ; .. 1·,_::.:;-· .. ,•.::· .. ·· .-. 1 ~l ~~ ..... , ..... ~. r,iJ .............. "'! ~ {loy~ •• !!-! . ·~ ~ :: ~. V""\ (""ki-""VI L This clot-.. me r.t t'O ~ s.i$1:; of ~~ .... r ( 4) sheets atld ,; ha II r:ot l:te considered f ... 11 t va :i<l. i!lnd ~orpl~ unles:s. e::.ch shee: s a:bc.hed lCl b~~: ql:l~·. CAR -'1: r5-i' . G~~Cll\. .. ,·-· , ~ l ·' ~ OI'>.TEe P'ROFE$ PNA'k.~'J~~:ea:~~liR""I.U.P~ER I"LORJD~' UCENlS~::.'1b'~:·~~-... · ...... , .. \J '• .i.,~;.~ ......... . t •• •t•l• ...... . i F'LORIOA DEPARTt.ENT OF TRANSPORTATION SKETCH TO ACCOUPANV LEGAL DESCRIPTION 3 of 8 687 0') II» co 0 co Hl 00 v II. 0 .... 1-11.1 ILl ::r::: v.. lLJ w Ul I 11.1 :z ::i ::r:: '-' !( ::! PARCE:L NU. I OWNER'S NAME REMAINLJI::R :8 04 I ClTV OF M1AM1 Bi:At: H UNDETEP.MlNED C OMMER.CfAL SUBDIVISION --'O!:!:..!F_TIIE ALTON EIEACH REAL TV COMPANY P.a:· 6, PG. 5 LE::iENO: -... ;r.selml!< ;v.. p,..,...._.. ltf'i'!"!tii~illt on Mu•·•bi!:r t-X • ~ ll"i~~inq 13 ~~o, . .J 2 =oar Fl-.•idJ l:t!'r:mrl m~'lt ~A TfilnS.)luflali-:):" =.P. -Finnc:ior P•oject NC. Numbt:! __J . I 1 ':0.00' If.') < l'l -Dlmer.s ;)t'• Lly Pli:IL ,,B. -Plat 5ook t•[~ .• r•;,~e R. -P. .. ili• .... 'I.Ci E. • 1\<1 "9"' t\1'!1 -RI-~Jnt·o'-Wa)' S5.C: •• S.1:1r~inn s .R.. -seale Rtloc:l(l STA. -5t&tl~r, l'.~~. T.;-Nm~;hi~ 14 EXIST. r\ORTH R!W LJNE 1-0 z ~ .;..J < .1'1 ..., N 88~110'.31' E 370.23' ---299 5 asno0'3:1" w 363.66' :r. . .., 14TH STREET 1----1.. _ EXIST. S OIITH RNJ LINE_ This .r:toc1.mcnt con:.;ist' of fou: C~} sheets ar.d srall not be consi.ac:-ed full, valid. ar-d <:omp;;;::e unless each sheet is attached to tt.e other. ~-BLOCK 78A 1 :3s.oo• m ~ 290~ COMMENTS i:!: ~ N <:'" R-]5'-\,-/ -·· ---;.._ R=:s·J ~ 0 21} -FLORIDA OEPART~~l OF ST.T£ RO~C NO. 907 TRANSPORTATION '' eY ~"ll" ~IE~•P.EDt•a EXHJBIT ••A•• "'"' 1 > UJ c-> -mC cC co;( :::> ..... <~ asJ oz g rx:o In ~~ ~~ iJ') 1i:: \::1-0 ';0 at.. L.'lo .. -0 ..._ ... -. -----2 I'Q[NT OF r.Or.tr.tF w N ~ w t;l "' ~ U'l ~ ...; Frl-u LLJ In !JfSTA. 49 •OIJ.-Il-!:t {S.R. ~Uit = 1i STA. 291+45.46 (14TH ST.) 40 80 120 --Sr.ale: 1" = 40' M! .AM I ·DADE CtiUJ'rlll' I'IUlll ~t'I.A".fr KETCH TO ACcoupAr..•'IV . F~~T )I~"'ICT e 1-L (;Lt.L1~L \0-~S ~H :>HEeT I I IYI 1'1 I I)IJ.WII ~.O!kiS G4~tl1 LEGAL DE SCR) PT l ON A''IIWlll tY • D&TE UIEI::tiED c~ci.RC.u. 04,~~~~1 f 1 p, NO. 24gfl 1-3 SECTION 8?037 SHEET 2' CIF ~ 0') co CD U1 0 HI 00 PARCEL NO. I OWNER'S NAME 8.04 I ClT'f OF MlAMl !!-tACH ln:lfND: -aaslllr• ;(." l'rl''"'l Jlje!l:IIICi.lltl>)'l 'oJ\I'I"'~r t-x -""' s·Jng cooT-Ht~•irl;;~ nll!pntment o• Trdr':.jJUr'. ~ litlrl 1-.!• -1-n01nc.lal Pfoh:!Ll ~JO. -1\.umb~;~~ (I') -D iiU1!:11!>i~•· by p ~ t P.B. -Plilt Sll-C!:C PG. Po1g.:-: R-Rlli:llu& RGE. -~oo<;~~ 11 R!'N R.igllt of' VJay SEC. -Sectlor JO l:o. K. ~'tOIX; l\O<ld oct I 5'"".\. -!iL~ :1an u. rwp. -1 o'A'nsl'llp 0 50.00' 11'1 'It ~--• REMAINDER COMMENTS UN DETE;:I. MIN 1:0 A Rf5U6D[VISION Of BLOCKS 67 AND 79 Of AL.TON BI:.ACII REALTY CO'S. BAY FR.OI'n" SlJFlOtviSION P.B. 16, PG. 1 BLOCKI '19 ·C 9 e 1 II R=J5' J 50.00' iPi ' 6•J.OO' ~FI Y EXJ.ST. NORTH RJW UNE --G:i w :r: \11 14TH STREET N 42"03'01" E 23.61' 286 oiiJ "" '<:!" EXHIBIT ••A• u.i ;.:I ~ ..... w I m ::) Lr, a.: :z ~ w I > -< l ..; "' ~ ! ~ VI l1J I i'l"' 3: ....... u t.LJ I l..n I~ ' ·~ .,_ N l:u N 88"0{}'31 II £:: 3JD.2~~ 28B VI 1.1.1 UJ Ill ~ N B8a00'54" 'E 1.1'1 590.il0' f! SURVEY ~ S sa~oo'3.1" W 3ill3 Bfi' UJ 2 :I s 88"1)0'3!." w 590.90' ;;~;I y ~r sa.o3' cP)-,;: 6 II 7 I:X!ST. SOUTH R/W liNE II ,-~!>8.83 (P) a 9: PlAT OF THe SUBDIVISION OF' THE NORTH 230 FEI;T OF LOT 1 OF THE SUBDIVISION OF BLOCK &Q ...,..,,.,,..,a: ALTON BEACH REALTY COMPANY PliS ~ecu.'l'lC"'l cors sts of =our ~~~) steets a"'CI shalr r.ot t:c considered 1'1..11, ... alid, tl'ld tomplde unless each !;he~t il'. ~l.,cs~hi:'Q oo the att:er. FLORIOA DEPART~~T OF TRANSPORTATION .B. 34, PG. 25 1 1 I5TATE Ro•n NO. 90T .-r-D•'= .. • l'll:FPIAI:f: h• 0 20 -10' ,._ 40 ao ./··· 1.1.1 z :i :J: ~ ::E 12U --Seale: 1" = 40' Ml&~l-D4DE COUNTY KETCH TO ACCOMPANn I LEGAL DESCRIPT[QN I ~.\T.• ;~R'£ o ,-------~~;;.FF:.....:.;;~;fN, 1'"1. rOIL'S, 11tl ~HE ET ( SIIEE'T l or .. c•:E fiR.row I D.IIENJS lMt,ZIJitl2 t'JI> .llollll(;l c a!ECII.i:D t.~;;8JICU. G41Z! 112 F • P • 1>11). 2 49~ I I -j SECT I Gti 8 ?0~ 7 ~y nYIU:lll 0') 0'\ <.0 0 0 HI 00 OWNER'S NAI-1E REMAINDER. COI'.,MENTS Cll Y Of MLAMl BEACH UNDl:.II:RFvlJNED ~11c:11nc ALTON BEACH REALTY CO'S. ~• P.Jrc;:·lld~rtl'(aton Nwrrl:o~r EX • E~b.lirrg PLAT or I C C ALTON B.Eil.CH BAY FRONT tt 1-lltTi • F"orldii Departme:r.L ef lranepcrtatl::m r.P. • ri"f.l!nl·h•l Pmj~::t ~l).-Numbe,r < 1'1 • Dimension b)l Pia': P.l!. • l'la~ Rnnlt PG. • P"!l"== II • 1\01(11~!> :P.C.-•• FlangP. rvw -R ;111.·<•·-w.,y :b t.c. -section BLOCK 43 7 P.B. 4, PG. 12~ I I LU EXHIBIT "A" ...... ~ \LI (.!;). I c:: c !/) '<( ..., 0 I "1 a: CL. I :: ~ 1-fl:l ..n r'"' li 70' !JJ !&.K. • ~'t .. tl!' fl.~ol) STA. -Sl~tl 'l)n 1\"1 ... -To(Wmshht L. P.=l5'>j -· J. (f)_ -;I * -EXl!:.T. NORTH R1W llNE-... N 4>'~3"01'' E ' o > ' , __ _J~ ''~-" ' ' ' ' -' ' ' , ••.• , .,,. -I , , . ~'B SO' -'"·"" ~?» " ' ; N 80"00'31" E 500.90 "\;. /, ) I , \ I I \-. 282 .n ..., 14TH STREET 283 .::.-. ~ ILl :I: Ill 11.1 IIJ 11'1 ILl ,... .... ~-~'01"W 15.12' 5 813r.OI)'31" W 590.90' ----12 ;:o ..... ~r... 111,'! Zr-t ~ ·.n ;,. /'1':1_ ~~ fl"l. M 2.-t \ \($6."~!Ji(Pj \ "\ \_::; 86'"0 l':Z:Z" w \ .... , 315. ("j." \. \ 1 \ ' \ \ \ ~ •\1'0 "P..t, -10~ .oo· (Pl ifl.OO' (Pi ., 3 EXIST. SOUTH P./W Lli'U: 58.83' ;Pj I 58.S3'. !PJ 4 5 ::J :I: ~ ~ ~ ~).. \ \ \ ' PLAT OF THE SUBOfVIS:JON OF THE MORTI-I 230 FEET \ OF LOT 1 OF lliE SUBDIVI510N OF BLOCK SO \ C Of ALTON BEACH REA.L.TY COMPANY 2 0 \ P.B. 34, PG, 25 This doc\tment r.ra•l:Sisl~ ul loY' 1.:.~ :;hccts. a1•d !it~ll not IJe t:on:;idc-cd full, Yalld. l)ni c..omp ctt: U"lh.!:s,s each sheet is attached to 'tt c other. FLORIDA ~EPARTMENT OF TRANSPORTATION KETCH TO ACCOMPAN LEGAL DESCRIPTION Ri'l HlfAI ... ~ U'-.11-0 21) 40 80 121) ----Scale: 1" = 40' STATE ROAD ~0. 90T M I Al.t I ·DADE (:(IIJNTV er -..n: t•n:"..r.:a a"': t.;ftl~ l1LH:c.1 OIU.l\il I flo-OE11111i la4 r.mtl z mnT ) 1 fTR 1 c T F. ~~[ OEt."S.~~ ~o-~S ~t' ~HF=T I (1.1£~1> lt.t:ut:u la4 ~Ill I f • P • J'oK', 2 4 9~ I I -3 SECT I ON a 'l"r,::n SttHT <I OF _. 07-PE.14 This instrument prepared by, or under the direction of, Alicia Trujillo, Esq. District Six Chief Counsel State of Florida Department of Transportation 1000N.W.l11th Avenue Miami, Florida 33172 May 2, 2012 -NE Parcel No. : 804.1 Item/Segment No. : 2499113 Managing District : 6 RESOLUTION ON MOTION of Commissioner __________________ , seconded by Commissioner ~------------------'the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 907, Item No. 2499113, in Miami-Dade County, Florida: and WHEREAS, it is necessary that an easement across certain lands now owned by The City of Miami Beach, Florida, be acquired by the State of Florida Department of Transportation: and WHEREAS, said use is in the best interest of the City: and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a perpetual easement, or easements, in favor of the State of Florida Department of Transportation for the purpose of installing and maintaining a 36" DIP storm water force main, all associates fittings and dissipated structures and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of The City of Miami Beach, Florida, that the application of the State of Florida Department of Transportation for a perpetual easement, or easements, is for transportation purposes which are in the public or community interest and for public welfare; that a perpetual easement, or easements, in favor of the State ofFlorida Department of Transportation in Miami-Dade, Florida, should be drawn and executed by this Board of City Commissioners. Consideration shall be $ ___ _ BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at Tallahassee, Florida. 7 of 8 691 STATE OF FLORIDA CITY OF MIAMI-DADE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of Miami Beach, Florida, at a meeting held on the __ day of , 20 __ . ATTEST: ---------------------- Clerk (or Deputy Clerk) of the Circuit Court (Affix County Seal) 8 of 8 692 The Board of City ofMiami Beach, Florida, By its Board of City Commissioners By: -------------------------------- Its Chair (or Vice-Chair) (Address) 07-PE.l3 This instrument prepared by, or under the direction of, Alicia Trujillo, Esq. District Six Chief Counsel State ofFlorida Department of Transportation 1000 N.W. 111th Avenue Miami, Florida 33172 May 2, 2012 -NE Parcel No. : 804.1 Item/Segment No. : 2499113 Managing District : 6 PERPETUAL EASEMENT Attachme::J.t F THIS EASEMENT Made the __ day of , 20 ~by THE CITY OF MIAMI BEACH, a municipality of the State ofFlorida, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, its successors and assigns, grantee. WITNESSETH: That the grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its successors and assigns, a perpetual easement for the purpose of installing and maintaining a 36" DIP storm water force main, all associated fittings and dissipated structures in, over, under, upon and through the following described land in Miami-Dade County, Florida, viz: PARCEL804 F.P. No. 249911-3 Being a parcel of land lying in the Southeast one-quarter (~) of Section 33 and Southwest one-quarter (~) of Section 34,·Township 53 South, Range 42 East, and lying within the right-of-way of 14th Street as depicted on the ALTON BEACH REALTY CO'S. PLAT OF ALTON BEACH BAY FRONT, according to the plat thereof, as recorded in Plat Book 4, Page 125, all in Miami-Dade County, Florida, and being more particularly described as follows: COMMENCE at the intersection of the baseline of survey of State Road 907 (Alton Road) with the baseline of survey of 14th Street, as said baselines are depicted on the Florida Department of Transportation Project Network Control for said State Road 907, Project No. 249911-1, dated07/30/2010; thence S 88°00'54"W, along said baseline of survey of 14th Street, 65.00 feet to the POINT OF BEGINNING of the following described parcel: Thence S 01 °59'06" E 2.41 feet; thence S 88°00'31" W 363.86feet; thence S 42°03'01"W 23.61 feet; thence S 88°00'31" W 590.90 feet; thence S 42°03 '01" W 15.12 feet; thence S 88°01 '22"W 36.73 feet to the intersection with the West line of 14th Street, as it is shown on the PLAT OF THE SUBDIVISION OF THE NORTH 230 FEET OF LOT 1 OF THE SUBDNISION OF BLOCK 80 OF ALTON BEACH REALTY COMPANY, according to the plat thereof, as recorded in Plat Book 34, Page 25 in the public records ofMiami-Dade County, Florida; thence N 36°33'58" W, along said West line of 14th Street, 17.18 feet; thence N 54°58'11" E 1.57 feet; thence N 88°01 '22" E 38.80 feet; thence N 42°03'01" E 15.12 feet; thence N 88°00'31" E 590.90 feet; thence N 42°03'01" E 23.61 feet; thence N 88°00'31" E 370.23 feet; thence S 01 °59'06" E 12.59 feet to the POINT OF BEGINNING. Containing 15,530 Square Feet, more or less. DD/CG/04/25/20 12 AS SHOWN ON EXHIBIT "A", ATTACHED HERETO AND TO BE MADE A PART HEREOF 1 of 8 693 lands hereinabove described and the grantor will defend the title to said lands against all persons claiming by, through or under said grantor. IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date ftrst above written. ATTEST: -----------------------The City of Miami Beach Its City Clerk By: ----------------------------- Its Mayor Address STATE OF FLORIDA COUNTY OF MIAMI-DAB The foregoing instrument was acknowledged before me this ____ day of 20 ___ , by ----------------'' Mayor, who is personally known to me or who has produced as identification. --------------- (Signature of person taking acknowledgment) (Type, print or stamp name under signature) Title or rank and serial number, if any: _______ __ 2 of 6 694 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~~~~ ........... ~-~ om~~ Date LEGAL DESCRIPTION • Pl\RCEL .803: Being a parcel {If Ia no lying in the Southwest one·qt:arter ( ~) of Section 34, Tl)wnship 53 South, Range 42 Eas-::, and lyirg Sau:;.h Qf Lot 1, Block /BA of COM£"'11:RC.:lAL SUI::l0l'V£510N OF THE 1\l TON BEACH Re.G.I.TY COMPANY, accttrding to the p'at ther~or. as re-cord@-d in flat Bock 6. Pag& 5. ~II in Miarn -Dade Counly, Fl(trid.;~, snd beinq more particularly described ii.l;S follows: CO\IIf"'f!I\CI!! ilt the interseclior 01 LhE:! bi:ilseline or survey ar Slale Road 907 (Aih;m ll.c~cl) with ttle baseline of survey of 14th Stn~el, as .l>i:lid ba.l:>elines i:sre depir:lE:!tl on the Floridu Depart:nent trf Tnmsport~tir.:m Project f\etwofi{ Control for said :State Road 907, Project Nj). 2-19!Hl-1, thtL~:~-d Oi/30/.2010; th~n~e N 01"59'06" W, ajong said b-aseline of survey of State Road 901, a distance of l5.Cl0 feel lo tne eusterly pmlongntion nf th~ NBrth rigllt·l)f--..•J~V lillf~ of ;:.~foresaid 14th Streeti therc:e S 88"00'54" lfl. alond st:~ld .easL.erly prolonyillli~o:n or Lhe Norlh righL-ur-way line of 14tll !itr~et, 65 . .00 f~et to ttJe POlNT OF BEGlNNlNG j)f the: foflowing dcsc.rillt::d ~ar~cl; TI~E!nc'l: f."r,mtinue S ss•oo·~4" w. alon~ said North pight-of-way line of 14th Street, 1.30. 73 feet; thence S 0 1'"~59'1lfi" E 18.90 te~t; th-enc:e N R8a00'!;4" F 108.118 feP.t; th~nce N 0 1"59'06" W 11.25 feeti the nee N 8 £i h Oo!Y54" E 21.85 feet; thence N 0 1 ~ 59'06'' W 7. 65 reel La-Lhe PO£NT OF B EGrNN£N Ci. Cont;:;in ing 2 ,n4.9 Squt>~ Fel"t, more or less. GF NFR.A.L NO lt:.S; • TliJS IS NOT A FTEI D SURVEY , Ropr<Jduc:lons of this ·nap ere not valid without the signature and t">l'igin:el raised seal of the flori.Jo:. Lkensed ~urveyor and MappE!r In re.spor.sll.lle r.:harge. · Lrmds shown he~on were no~ aostr.at:t...:u by Lhis offir:E! tnr right':o-trf-way, easements or record. mvne·s.hip, aban<lonmer.ts, detod nl!stricL:on~o;, or Murphy Ar::t needs,. Tills lnform~Uon ~houf!J be obtained tllrough approprlat~ v~rific-a"':jo n-. -The! Bi::!i:lri.'19S shoLI'tn hereon arc r-cfenencea to lhe Baseline af StrrvoP.y -o-f Sta;::c Mad !J07 (Alton Road), having a bearin.g of N 01 ~~9'06" W. us sho~vn on the Florida Oepartmcnl or Trun!iportatir:m Project NE'tlflork Control for sejd Slate Road 907, prepar~d by MilniJel G. V~ril & A=>5ociates, lr.c., Project No. 24991 J-1. lla~d 07 J30/20 10. • Dlfr!ens!ons showr. on !'>kt"tt:h are calculated bilse-d on Iiies pra'll'ided by FDO.T proJt'-Ct manager. -Additiors ar.d/or delc~:ons lo survey map:<;, skett:h-es or reports boy any party olher thn'1 thf! si!)'1ing party am pral\:bil~d wilh[)l.ll the written i::Onsent ot the stgrln~ pt!rt·,.. ~ .· .. ·' ., ,_.: ••. lhis d{)or.UI"\P.J',l (J)J"I$i!'.l.; ol l,vo l2) :;t.c<:'ts .,nc:r .'>IMII r•u; 1:.1~ ._<~m:>iderco ful, 'a'.:::.lid, ,jrtd LCI1)plctc t.n•css cDt:h .lireet: is attocf'-ed to tht: ath or. I , . .... .... .,, . . ~ .... 0 • •• • ......... _ ::•. -•••• ~v';~.. ,'· !': ..• :., ·-. ~"";~:;;,. "; ;·· \ :,\ ~ :1 r <w 12. -FLORIDA DEPARTMENT OF TRA~SPORTATIOM SKETCH TO ACCOMPANY LEGAL DESCRIPTION -- -·· .. ST~TE ROAD MO. 907 ~~A~E·DACE COUNTl -· ·---··- • ·--0 ,-r::.-~rr.~.:r::-:ilr:~-t:-: :::-:s,-, --------~~~--A i:!lllnec: ·-· F10-ll-"ln; IC-'II ~t"' .:.=t.FAAI. N~ILl.l Dll'(t1 Llo•ICQI~ (I~~JI 2 --· --I 1----.:-v-:s-.oet-~ -+--av---a,-.7 .-+C.C-c-E-rt+t.-OUIC--I,+<~-~-J·-a-J•-a F ,p. tiD. 2.491}1 I -3 SC:CT I CJl STCJ!'l 5H£E T 3 of 6 695 ,j:>. I 0') <.0 0 0') H1 0\ PARCEL NO:I OWNLR'S NAME. FtE,\1AlN D ER 803 I CJIT OF l'a'IIAM~ BEACH UN D-ETE RM rN ED • OCISI!'IIfl~ ~-Pl!lr<:t'l Jdcntific~tio, Num~· F.-.Xl. . -E:c st1n9 13 COMMERCIAL SUBOI\IISION OF TI-l~ ALTON BEACH REAL1Y COMP.a.NY P:B:o~PG • .5 _;o;_ 2 coro~ Mt:N 1s EXHlBIT ••A•• --..... ~ >-c...-w mO ii: o-« =:, <0 IJ1 oa::: 01 ~z 1;,";1 lt'l fr)tll -1 lnr•tl;s 11P.J)a rtment or Tr.sm;porl"~tinn ~. .. -1-r.anct;;,l Pr!:l-ect l!:>::J.Q(J' fPI --------1 wO 1-ti NO •• 1\;umbJilr · (r) -D ·m~m~i(l"l ••f P a 1 P.l:'l. -t'la.'t Boo~ K;. -l'ag~ R -R~3iu:. FU.il:. -:\anq~ R1W - R iyht-ulf-w~,-5EC. -So!!(.U4l1" S. Fl. -Stati: '\oad 5T .A. St.1~ion lWP. -iownsllil-' :4 ~ EX't51. NORTH P./W Qri.n:; ;:.. ~ y N 88c-0(f54". E S 0 I u5~'fl6" E 18.90' 289 b z 0 t::i II( BLOCK 7SA POlNT OF 1 REGTNN£NG EX"£5T. NOP.TH rvw UNE--~ 5 88"0(1'54" 'IN 130.73' '\ ~ ~r----~ ~ . I I ll 81UO~OB.BB' 290 I ?.: £1 i55 = ·-1/) ~ ?;) 0 ::":> i:5t N ... v a::t ~o· .... ....:: 0 R=lS' 2 ., ____ 65.00' -. s 8.8""0{}' 54" w N 01 ~sg·oo·-w 7.6.S' 2'9-1 w N ..,. u.i ".!) a: IJ1 ,., Ll'i ~ 1-.: VI (j 1.1.1 VI l It SURVEY 1": !'I' y ---------! Thi& docuner.t t::mslst:s of two (:?) she-E:"l$ ilnd s.hall not bP. c-~n . .:.;de-red rull, \'.:tlid, ar.d r:OMil't>-11!' tnlt':>!> c.:~ch shc.:-t is attilcred 1"<:1 I 11~ o liter. F~ORIDA DEPARTMENT OF TRA.NSPORTATEOIII KETCH TO 4CCO~PAN LEGAL DESCRIPTION Rl>li.-1""-~y 14TH STREET ....__N 01'59'06" w 11.25' EX1S I. !SOUTH Bl_W_U!!.L_ -..... ........ ' \ I 0 20 441 80 120 -------Scale: 1" = 40' ---1 STATE. ROAD t.IQ, 901' MIAUI-OADE COUNTY ~( f'I•T: r~~:rln::D av: a.:r.·" sl»!n:r: DIU,.., I D-DE~ I-$ IG4 JGQ 11.2 FDtT li$-~I•"T r. 'lot£ lEf.lll ~.II t.OTF~ ~t. ".h~ I:.. I I U/." tiiEM!ll I a .-GaVIC"I A IG411~ It~ r F • P • 1110· lll'9-:. I I ·l SEC Tl tlt,jl UO) l '&tEE T' l 01' I 07-PE.14 This instrument prepared by, or under the direction of, Alicia Trujillo, Esq. District Six Chief Counsel State of Florida Department of Transportation 1000N.W. 111th Avenue Miami, Florida 3 3172 May 2, 2012 -NE Parcel No. : 803.1 Item/Segment No. : 2499113 Managing District : 6 RESOLUTION ON MOTION of Commissioner __________________ , seconded by Commissioner ~------------------'the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 907, Item No. 2499113, in Miami-Dade County, Florida: and WHEREAS, it is necessary that an easement across certain lands now owned by The City of Miami Beach, Florida, be acquired by the State of Florida Department of Transportation: and WHEREAS, said use is in the best interest of the City: and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State ofFlorida Department of Transportation a perpetual easement, or easements, in favor of the State of Florida Department of Transportation for the purpose of installing and maintaining a pump station electrical panel and associates structures, conduits cabling and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of The City of Miami Beach, Florida, that the application of the State ofFlorida Department of Transportation for a perpetual easement, or easements, is for transportation purposes which are in the public or community interest and for public welfare; that a perpetual easement, or easements, in favor of the State ofFlorida Department of Transportation in Miami-Dade, Florida, should be drawn and executed by this Board of City Commissioners. Consideration shall be $ ___ _ BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at Tallahassee, Florida. 5 of 6 697 STATE OF FLORIDA CITY OF MIAMI-DADE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of Miami Beach, Florida, at a meeting held on the __ day of , 20 __ . ATTEST: ------------------- Clerk (or Deputy Clerk) of the Circuit Court (Affix County Seal) 6 of 6 698 The Board of City of Miami Beach, Florida, By its Board of City Commissioners By: ___________________________ ___ Its Chair (or Vice-Chair) (Address) COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission ofthe City of Miami Beach, Florida, authorizing the Mayor and City Clerk to Execute Amendment No. 1 to the construction Contract between the City of Miami Beach, Florida, and Trans Florida Development Corporation, for the construction of the City of Miami Beach Right-of-Way Infrastructure Improvement Program, Neighborhood No. 12/D/E/F, South Pointe Phases Ill, IV and V; dated September9, 2010 (the Contract), in the not-to-exceed amount of $1,7 49,048, additional roadway reconstruction throughoutthe Project limits, installation of Light Emitting Diode (LED) lighting fixtures in lieu of Metal Halide, and approving an amendment to the original BOOR for additional improvements to 151 Street, between Alton Road and Washington Avenue; with previously appropriated funding available from South Pointe Capital Fund 389, in the amount of $1,7 49,048 for the construction, and $174,904, for contingency, for a grand total of $1 ,923,952. Key Intended Outcome Supported: Ensure Well Maintained Infrastructure and Ensure Well Designed, Quality Capital Projects. Supporting Data (Surveys, Environmental Scan, etc.): Ensure value and timely delivery of a quality capital project. Issue: I Shall the City Commission approve the amendment to the construction Contract? Item Summa /Recommendation: On July 14,2010, the City Commission pursuant to Invitation to Bid (ITB) 17-09/10 approved the award of a construction Contract to Trans Florida Development Corporation for the construction of the City of Miami Beach Right-of-Way Infrastructure Improvement Program Neighborhood No. 12, South Pointe Phases Ill, IV and V, in the amount of $9,950,715.92. On November29, 2010, Trans Florida (Trans Florida)was issued the second Notice to Proceed (NTP 2) to mobilize and commence construction activities. The Project is currently seventy percent (70%) complete, and is anticipated to be substantially completed during the 2nd quarter of 2013 with the added scope of work as well as potential impacts related to the emergency construction of a sanitary force main in the South Pointe area. The Administration has acknowledged that additional scope of work which follows is warranted to improve the overall community level of service: 1. New 12-lnch Ductile Iron Water Main Along Ocean Drive from 5th Street to South Pointe Drive-Owner Requested Improvement The Public Works Department has requested the installation of a new 12-lnch water main along Ocean Drive. The amount being requested by Trans Florida for the installation of the water main, including all incidentals is $854,098. 2. Additional Roadway Reconstruction Throughout the Project limits-Project Betterment/Improvement Reconstruct the roadway base directly adjacent to the areas where extensive excavation was done to install infrastructure will be necessary to avoid differential settlement in the pavement over time. Based on the contract unit pricing plus general conditions, the EOR has estimated an increase in the amount of $295,566, for the additional roadway reconstruction. 3. Installation of Light-Emitting Diode CLEO) light Fixtures in lieu of the Metal Halide Throughout the Project- Owner Requested Improvement In accordance with the City's Sustainability Plan Energy Conservation Goals, this work proposes the utilization of high efficiency lighting by installing LED fixtures at all pedestrian level lighting in lieu of metal Halide fixtures. Trans Florida submitted a cost proposal in the amount of $256,353, for the LED fixture upgrade. The EOR and City staff have reviewed the estimate and find it to be fair and reasonable. 4. 1st Street Improvements between Alton Road and Washington Avenue-Owner Requested Improvement Pursuant to field observations and analysis by the EOR and City staff of the existing conditions along the aforementioned street it was determined that the area is in need of repairs. These improvements are being presented for consideration of the City Commission to be included as part of this Project so as to provide a consistent improvement within this neighborhood. The EOR prepared a plan that was reviewed and approved by internal Departments and subsequently by the community on October 12, 2011. The BOOR will be revised to include this work. Trans Florida has submitted a ne otiated cost ro osal in the amount of $343,031 based on the ori inal contract a roved unit rices. Advisory Board Recommendation: Financial Information· Source of t:J: Amount Account Approved Fundfi:A ...., v 1 $ 281,988 389-2713-069357 / ' ~rill T 2 $1,641,964 389-2333-069357 Total $1,923,952 Financ1al Impact Summary: Amendment No. 1 will increase the original contract amount. Ci Clerk's Office Le islative Trackin Carla Dixon Ext 6264 MIAMI BEACH 699 AGENDA ITEM --:::R:-'-"-7=L __ DATE 7-/'8-pz._ (9 MlAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: Mayor Matti Herrera Bower and Members of the c?-·ty Com ission Kathie G. Brooks, Interim City Manager/~ • July 18, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND TRANS FLORIDA DEVELOPMENT CORPORATION, FOR THE CONSTRUCTION OF THE CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD NO. 12/D/E/F, SOUTH POINTE PHASES Ill, IV AND V; DATED SEPTEMBER 9, 2010 (THE CONTRACT}, IN THE NOT-TO -EXCEED AMOUNT OF $1,749,048 FOR THE CONSTRUCTION OF A NEW 12-INCH WATER MAIN ALONG OCEAN DRIVE FROM 5TH STREET TO SOUTH POINTE DRIVE, ADDITIONAL ROADWAY RECONSTRUCTION THROUGHOUT THE PROJECT LIMITS, INSTALLATION OF LIGHT EMITTING DIODE (LED) LIGHTING FIXTURES IN LIEU OF METAL HALIDE, AND APPROVING AN AMENDMENT TO THE ORIGINAL BASIS OF DESIGN REPORT (BOOR) FOR ADDITIONAL IMPROVEMENTS TO 15 r STREET BETWEEN ALTON ROAD AND WASHINGTON AVENUE; WITH PREVIOUSLY APPROPRIATED FUNDING AVAILABLE FROM SOUTH POINTE CAPITAL FUND 389, IN THE AMOUNT OF $1,749,048, FOR THE CONSTRUCTION, AND $174,904, FOR CONTINGENCY, FOR A GRAND TOTAL OF $1,923,952 ADMINISTRATION RECOMMENDATION Approve the amendment to the contract. KEY INTENDED OUTCOME Ensure value and the timely delivery of a quality capital project. FUNDING Funding in the amount of $1,923,952, has been previously appropriated in the Capital Budget, as follows: Construction: $ 281,988 South Pointe Capital Fund 389-2713-069357 $ 1 ,641 .964 South Pointe Capital Fund 389-2333-069357 $ 1,923,952 700 South Pointe RDA Ph Ill, tV & V-Trans Florida Contract Amendment July 18, 2012 Page 2 of 5 ANALYSIS On July 14, 2010, the City Commission pursuant to Invitation to Bid (ITB) 17-09/10, approved the award of a construction Contract to Trans Florida for the construction of the City of Miami Beach Right-of-Way Infrastructure Improvement Program Neighborhood No. 12, South Pointe Phases Ill, IV and V, in the amount of $9,950, 715.92. The Project limits in general are bounded by Washington Avenue, fJ-h Street, Ocean Drive, South Pointe Drive, and Alton Road. The proposed construction activities were scheduled along the following: • Collins Avenue and Collins Court, between 5th Street and South Pointe Drive • Ocean Drive and Ocean Court, between 5th Street and South Pointe Drive • 4th Street, between Washington Avenue and Ocean Drive • 2nd Street, between Washington Avenue and Ocean Drive • 1st street, between Washington Avenue and Ocean Drive • South Pointe Drive, between Alton Road and Ocean Drive • Jefferson Avenue, between South Pointe Drive and 1st Street • Alton Road south of 5th Street to South Pointe Drive • Biscayne Court, between Jefferson and Washington Avenues • Commerce Street and Commerce Court, between Jefferson and Washington Avenues The Project Scope of Work includes improvements to the stormwater collection and disposal system, including the construction of twenty-three (23) gravity fed stormwater discharge wells, installation of a stormwater pump station, water distribution system upgrades, roadway reconstruction, streetscape enhancements such as additional landscaping, irrigation and up-lighting, traffic calming installations such as bulb outs and mid-block crosswalks, signage and pavement markings, additional pedestrian lighting, and enhanced pedestrian linkages. On November 29, 2010, Trans Florida (Trans Florida) was issued the second Notice to Proceed (NTP 2) to mobilize and commence construction activities. The Project is currently seventy (70%) complete, and is anticipated to be substantially completed during the 2nd quarter of 2013 with the added scope of work. The status of the work completed by Trans Florida includes the following: Water Distribution System-installation of the new water mains-currently 90% complete. Transfer of services to new water mains and abandonment of old water mains is ongcing. Stormwater Drainage System and Pump Station-installation of drainage structures and piping, gravity wells, and a pump station at Washington Avenue and South Pointe Drive is complete - overall system is 90% complete. The cleaning and testing of the system will be ongoing over the next several months. Hardscape -installation of sidewalk, curb and gutter, throughout the Project is 00% complete. Pavement and Roadway Reconstruction-throughout the project is 50% complete. Electrical Conduits and Street Lighting-throughout the project is 50% complete Landscape and Irrigation -throughout the project is 40% complete. 701 South Pointe RDA Ph Ill. !V & V-Trans Florida Contract Amendment July 18, 2012 Page 3 of 5 The Administration has determined that additional scope of work is warranted to improve the overall level of service, as well as to accommodate requests from the South of 5th Street community. The following new scope of work (Exhibit A) to be added to the Trans Florida construction Contract was requested by the Cly and includes the following: 1. New 12-lnch Ductile Iron Water Main Along Ocean Drive from 5th Street to South Pointe Drive (PWD) Owner Requested Item During the construction of the infrastructure improvements on Ocean Drive, it was determined that the existing 6-inch water main shown as abandoned was still in service. The Public Works Department Engineering and Operations Division requested the design and installation of a new 12- inch water main on Ocean Drive from 5th Street to South Pointe Drive. This new water main will allow the transfer of the existing domestic, fire lines, and irrigation services from the existing 6-inch water main that was originally intended to be abandoned. The new 12-inch water main will improve water pressure and volume to businesses, hotels and condominiums along Ocean Drive. In July 2011, the City's Engineering Division commenced the design of a new 12-inch water main, fittings and appurtenances along Ocean Drive. The design documents were submitted to the Department of health (DOH) and the Department of Environmental Resource Management (DERM~ for review and approval and to the contractor for pricing. On August 31, 2011, and October 20 2011, the DOH and DERM approvals were obtained, respectively. On September 12, 2011, CIP Public Works Engineering Division and Trans Florida met to discuss the water main design. Public Works requested that all domestic services and fire lines be transferred to the new 12-inch water main. On April27, 2012, Trans Florida submitted a proposed cost estimate for the work in the amount of $854,098 (Exhibit B). The cost estimate is comprised of $701,899, for the materials, labor, and appurtenances associated with the installation of the water main, $26,475 for the extended services of the Public Information Liaison, Staging and Field Office; and $125,724 for an additional three (3) months of General Conditions, Bonds, Insurance, Mobilization, Site Survey and Layout costs, Overhead and Profit associated with the new scope of work. City staff and the Engineer of Record (EOR) reviewed the cost estimate and find it to be fair and reasonable for the additional scope of work. Trans Florida will be granted a 90 calendar day contract time extension for this additional scope of work. 2. Additional Roadway Reconstruction Throughout the Project Limits Project Bettermentflmprovement Throughout the course of the construction, and as a result of extensive excavation to allow the installation of wells, storm drainage pipes and other infrastructure, it was determined by the EOR that it would be in the best interest of the City, to reconstruct the roadway base directly adjacent to the areas where extensive excavation was done to install infrastructure, to avoid differential settlement in the pavement over time. The areas include: • 5th Street at Ocean Drive • Portions of Ocean Drive between 5th Street and South Pointe Drive • Portion of 1st Street • 2"d Street between Washington and Ocean Drive • Collins Avenue from 5th Street to South Pointe Drive • South Pointe Drive from Alton Road to Ocean Drive, and portion of Washington Avenue 702 South Pointe RDA Ph Ill. IV & V-Trans Florida Contract Amendment July 18, 2012 Page 4 of 5 The construction agreement between the City and Trans Florida is a Unit Price Contract Amount. The EOR has estimated an increase in the amount of $295,566, for the additional roadway reconstruction. 3. Installation of Light-Emitting Diode (LED) Light Fixtures in Lieu of the Metal Halide Throughout the Project (PWD) Owner Requested The City of Miami Beach has committed to improving the environmental sustainability of the community, and in 2007, the City took steps to address growing concerns regarding environmental impacts and changes in our community. In accordance with the City's Sustainability Plan Energy Conservation Goals, this work proposes the utilization of high efficiency lighting by installing LED fixtures, in lieu of Metal Halide fixtures, at all pedestrian level lighting. In October 2010, the City Administration, along with its consultants, conducted a cost benefit analysis and Post Top Life Cycle Costing Comparison. The Public works Engineering and CIP staff participated in the discussions. The cost benefit analysis concluded that there will be a 7 year break even for the LED capital expenditure compared to metal halide street lights. The EOR has estimated the installation will require approximately two hundred and fourteen (214) new light fixtures, and seventy (70) others throughout the project will be retrofitted for a total of 284 new LED fixtures. On August 18, 2011, Trans Florida submitted a cost proposal in the amount of $256,353, for the LED fixture upgrade (Exhibit C). The EOR and City staff have reviewed the estimate and find it to be fair and reasonable. 4. 1st Street Improvements between Alton Road and Washington Avenue -Owner Requested Pursuant to field observations and analysis by the EOR and City staff of the existing conditions along 1st Street from Alton Road to Washington Avenue, the following determinations were made regarding the conditions of this corridor. Theywere as follows: 1) Deteriorated pavement a:mditions 2) Deteriorated curbing and sidewalks 3) Deteriorated crosswalks 4) Sparse landscaping Although the project limits described under the approved BODR did not include improvements along 1st Street between Alton Road and Washington Avenue, the observations made the by EOR suggest that the aforementioned street is in need of infrastructure repairs. These improvements are being presented for the consideration of the City Commission to be included as part of the South Pointe Phases Ill, IV, and V Neighborhood Improvement Project so as to provide a consistent improvement within this neighborhood. The EOR prepared a plan that was reviewed and approved by internal departments (Planning, Parks, and Public Works) and subsequently presented it to the community on October 12, 2011. The plan was received favorably by the residents. The new scope of work being brought forth as part of this memaandum would be included in the revised BOOR and added to the construction contract upon approval by the City Commission. It merits underlining that currently there is adequate funding to cover the proposed improvements within the current neighborhood program. The new plan would include roadway milling and resurfacing, installation of curb and gutter, improved brick paver pedestrian crosswalks and ADA 703 South Pointe RDA Ph II!, IV & V-Trans Florida Contract Amendment July 18. 2012 Page 5 of 5 ramps, landscape improvements and irrigation repairs (Exhibit D). The negotiated amount to conduct this work is based on the original contract approved unit prices. As such, Trans Florida has submitted a cost proposal in the amount of $343,031, for the 1st Street improvements. City staff and the EOR have reviewed the proposal and find it to be reasonable (Exhibit E). Project Schedule The additional Scope of work will add ninety (90) calendar days to the overall Project. However the Miami-Dade County has recently entered into construction agreements for the emergency installation of a 60-inch sewage force main in the South Pointe area during the Summer of 2012. The force main alignment will begin at South Pointe Park, run north along Washington Avenue, west on Commerce Street, finally connecting to the existing force main on Alton Road, just south of the Alton Road triangle. The force main installation will most likely impact the South Pointe Phase Ill, IV and V, construction schedule. The City's contractor is currently reorganizing scheduled construction activities to accommodate the County's emergency 60-inch force main installation. The Alton Road triangle is currently being planted and sodded as an interim solution. CONCLUSION: The Administration requests approval of Amendment No. 1 to the Construction Contract, between the City of Miami Beach, Florida, and Trans Florida Development Corporation, for the construction of the City of Miami Beach Right of Way Infrastructure Improvement Program, Neighborhood No. 12/D/E/F, South Pointe Phases Ill, IV and V; dated September 9, 2010, in the not-to-exceed amount of $1,749,048, for the construction of a new 12-inch water main along Ocean Drive from 51h Street to South Pointe Drive; additional roadway reconstruction throughout the project limits; installation of Light Emitting Diode (LED) lighting fixtures in lieu of Metal Halide; approving an amendment to the Basis of Design Report for additional improvements to 1st Street, between Alton Road and Washington Avenue; with previously appropriated funding available from South Pointe Capital Fund 389, in the amount of $1,749,048, for the construction, and $174,904, for contingency, for a grand total of $1,923,952. ATTACHMENTS: Exhibit A-South Pointe Phase Ill, IV,VAdditional Scope of Work (Map) Exhibit B-Trans Florida Cost Proposal for the Proposed Ocean drive 12-lnch Water main Exhibit C -Trans Florida Cost Proposal for LED Light Fixtures Exhibit D-1st Street Improvements (Rendering) Exhibit E -Cost Proposal Submitted by Trans Florida for 1st Street Improvements (based on Contract Unit Prices) KGB/JG/FV/DM/CD T:\AGENDA\2012\7-18-12\SOUTH POINTE PHASE Ill, IV, V\South Pointe Phase IIIIVV -TRANS FLORIDA CONTRACT AMENDMENT MEMO.doc 704 705 Exhibit B TRANS FLORIDA DEVELOPMENT CORP. OCEAN DRIVE WATER MAIN NEIGHBORHOOD: No. 12 SOUTH POINTE PROJECT: SOUTH POINTE ROW INFRASTRUCTURE IMPROVEMENTS PROGRAM PHASES Ill, IV & V 706 1 of1 05/2512012 TRANS FLORIDA DEVELOPMENT CORP. OCEAN DRIVE WATER MAIN NEIGHBORHOOD: No. 12 SOUTH POINTE PROJECT: SOUTH POINTE ROW INFRASTRUCTURE IMPROVEMENTS PROGRAM PHASES Ill, IV & V 707 ~of:! OS/25/2012 Exhibit C PROPOSAL CHANGE ORDER PROJECT: SOUTH POINTE Ill,IV,V PENDING CHAL'fGE ORDERNIDiffiER: TO: TRANS FLORIDA DEVELOPMENT CORP. 13960 SW 144 A VENUE ROAD DATE: 8/19/11 MfAMI, FL 33186 CONTRACTDATE: N/A DISCRlPTION OF PENDING CHA.L'fGE: DIVISION: Revised Pedestrian Lighting PLAN LOCATION: PLAN DATE: n/a As requested by CMB, TFD Corp requested a cost amount for the change In the fixture head to LED lighting. This is a change in plan from Ole standard light fixture. Contract calls fer 204 new pedestrian fixtures {Line Item ft. 208) with 70 fixtures to be replaced on existing poles {line Item# 210}. An Addition 10 fixtures were added to meet the 1'candle light required for a total of .284 heads. Southeast Underground Utilities Cost Tax on Materlal7% Mark up for Liability lnsurance(1.5%) Total SEU TFO Corp Sub markup (7 .5%) Total PCO Shops have been submitted and approved $219,574.00 15,370.18 3.524.16 $238,468.34 $17.885.13 $256,3!3.47 (NOTE: This does not include changes in the Contract Sum, Contract Time or Lump Sum Price which have been authori~ by Construction Change Directive until the cost and time have been agreed upon by both the Owner and the contractor, in which case a Change Order is e:cecuted to supersede the Construction Change Directive.) Trans Florida Development Corp. ENGINEER (Chen & Associates) City Of Mjamt, CIP 13960 SW 144 Avenue Road ADDRESS Miami, FL 33186 ADDRESS BY (Signature) BY (Signature) BY (Signature) Aquilino Melo, President (Typed Name) (Typed Name) DATE DATE DATE 708 Exhibit D 709 Exhibit E PROPOSAL CHANGE ORDER PROJECT: SOUTH POINTE III,N, V PENDING CHANGE ORDER NUMBER: TO: TRANS FLORIDA DEVELOP.MENT CORP. 13960 SW 144 A VENUE ROAD DATE: 11/30111 MIAMI, FL 33186 CONTRACTDATE: N/A DISCRIPTION OF PENDING CHANGE: DIVISION: 1st Street Cost Estimate PLAN LOCATION: Chen Prelim Take Off PLAN DATE: n/a TFD Corp received the attached letter to Carla Dixon dated 11/29/11. The latter references the addition work to be completed on 1"1 Street between Alton and Washington Ave. The preliminary cost estimate and quantity completed by Chen and Associates was reviewed by TFD Corp. Based on the scope of work and cost estimate TFD Corp can complete the work descn'bed with in. TFD Corp reserves the rights to review the plans for any discrepancies in quantity take off once a set of drawings are issued. This work will be scheduled concurrently with the current South Pointe project. TFDCorp is requesting a 90 day construction period. If the release and start of this project causes the work to extend past our substantial completion date, we reserve the right to add additional General Conditions and any a5sociated cost fur the extension of our contract. (NOTE: This does not include changes in the Contract Sum, Contract Time or Lump Sum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both. the Owner and the contractor, in which case a Change Order is executed to supersede the Construction Change Directive.) Estimate for Chen and Associates: MILL&: RBSURF ACE SY 5,867$30.00 $ 1 76,000 CURB TYPE 'F' LF 299 $14.25 $ 4 ,261 CURB TYPE 'D' LF 156 $12.50 $ 1 ,950 PEDESTRIAN CROSSWALK SY 293 $66.00 $ 1 9,360 CONCRETE SIDEWALK (REMOVE & REPLACE) SY 342 $28.00 $ 9 ,576 REMOVE LNE OAK EA 44 $150.00 $ 6 ,600 REMOVE PALM EA 3 $150.00 $ 4 50 HIGH RISE LLIVE OAK BA 35 $850.00 $ 2 9, 750 FLOWERING TREE EA 11 $500.00 $ 5 ,500 COCONUT PALM EA 3 $530.00 $ 1 ,590 NATNE SHRUBS EA 780 $20.00 $ I 5,600 ST AUGUSTINE SOD SY 1,500 $3.00 $ 4 ,500 STRUCTURAL SOIL CY 150$115.00$ 17,250 RESTORE PAVERS SY 276 $59.00 $ I 6,284 6" PAVEMENT MARKING LF 3,025$1.00$3 ,025 12u PAVEMENT MARKING LF 60 $2.50$ 1 50 IRRIGATION LS I $0.00 NIA ELECTRICALLS 1 N/A SUBTOTAL Cnntractor Fee IOOAJ Total $3 11,846 31,184.60 $ 343,0:!0.60 *Does not include Insurance, 2.5% bond fee or General conditions. 710 Trans Florida Development Corp. ENGINEER (Chen & Associates) City OfMiami, CIP 13960 SW 144 Avenue Road ADDRESS Miami, FL 33186 ADDRESS BY (Signature) BY (Signatw'e) BY (Signat11re) Aquilino Melo, President (I'ypedName) (Typed Name) DATE DATE DATE 711 m CITY OF MIAMI BEACH 2012-2016 Capital Budget & 5-Year Capital Improvement Plan --=-It CQ$t Svrnm~!Y Cost Category Prior Years 2011/12 2012/13 2013/14 2014/15 2015/16 Future Total cm379 Construction Management 379 840,578 0 0 0 0 0 0 840,578 cm384 Construction Management 384 9,600 0 0 0 0 0 0 9,600 cm389 Construction Management 389 385,253 0 0 0 0 0 0 385,253 co379 Construction Fund 379 425,856 0 0 0 0 0 0 425,856 co389 Construction Fund 389 12,285,840 0 0 0 0 0 0 12,285,840 ct384 Contingencies Fund 384 164<,990 0 0 0 0 0 0 164,990 ct389 SP Contingency Fund 1,523,237 0 0 0 0 0 0 1,523,237 de379 Design & Engineering Fund 379 2,053,435 0 0 0 0 0 0 2,053,435 de384 Design & Engineering Fund 384 17,000 0 0 0 0 0 0 17,000 de389 Design & Engineering Fund 389 613,256 0 0 0 0 0 0 613,256 pm373 Program Management Fund 373 3,817 0 0 0 0 0 0 3,817 pm379 Program Management Fund 379 1,607,697 0 0 0 0 0 0 1,607,697 pm384 Program Management Fund 384 4,593 0 0 0 0 0 0 4,593 pm389 Program Management Fund 389 147,000 0 0 0 0 0 0 147,000 pm424 Program Management Fund 424 1,130 0 0 0 0 0 0 1,130 pm428 Program Management Fund 428 1,555 0 0 0 0 0 0 1,555 N Total: 20,084,837 0 0 0 0 0 0 20,084,837 "'l"'" ...... lll, F !JI'!c:ling Funding Source Prior Years 2011/12 2012/13 2013/14 2014/15 2015/16 Future Total 373 99 GO Bonds -Neighborhood lmpro 3,817 0 0 0 0 0 0 3,817 379 South Pointe Capital Funds 4,927,566 0 0 0 0 0 0 4,927,566 384 2003 GO Bonds -Neighborhood 1m1 196,183 0 0 0 0 0 0 196,183 389 South Pointe Capital 14,954,586 0 0 0 0 0 0 14,954,586 424 water and Sewer Bonds 2000S 1,130 0 0 0 0 0 0 1,130 428 Stormwater Bonds 2000S 1,555 0 0 0 0 0 0 1,555 Total: 20,084,837 0 0 0 0 0 0 20,084,837 m CITY OF MIAMI BEACH 2012-2016 Capital Budget & 5-Year Capital Improvement Plan -P~n~~~ .. sumrn~ri.:::• .•• :::.,,;::t;;sd:J::t;;&·:;HfMltift&lf:•:;K&H Funding Adopted Encumbrances Expenses Retainage Balance Budget cm379 Construction Management 379 840,578 0 840,578 0 0 cm384 Construction Management 384 9,600 0 9,600 0 0 cm389 Construction Management 389 385,253 0 323,482 0 61,771 Subtotal: em 1,235,431 0 1,173,660 0 61,771 co379 Non-Category 425,856 0 398,983 (26,872) 1 co389 Construction Fund 389 12,285,840 4,147,855 5,697,365 (225,793) ...... ~~1~¥~>·······.· Subtotal: co 12,711,696 4,147,855 6,096,348 (252,665) 2,214,828 ct384 Contingencies Fund 384 164,990 0 0 0 164,990 ct389 SP Contingency Fund 1,523,237 0 0 0 1,523,237 Subtotal: ct 1,688,227 0 0 0 1,688,227 de379 Design & Engineering Fund 379 2,053,435 92,155 1,961,280 0 0 de384 Design & Engineering Fund 384 17,000 0 0 0 17,000 de389 Design & Engineering Fund 389 613,256 151,115 34,110 0 428,031 M Subtotal: de 2,683,691 243,269 1,995,390 0 445,032 "'l""" ...... pm373 Program Management Fund 373 3,817 0 3,818 0 (1) pm379 Program Management Fund 379 1,607,697 0 1,606,799 0 899 pm384 Program Management Fund 384 4,593 0 4,593 0 0 pm389 Program Management Fund 389 147,000 0 147,000 0 0 pm424 Program Management Fund 424 1,130 0 0 0 1,130 pm428 Program Management Fund 428 1,555 0 0 0 1,555 Subtotal: pm 1,765,792 0 1,762,209 0 3,583 Total: 20,084,837 4,391,124 11,027,607 (252,665) 4,413,441 .., ~ -=-I, Ge.nfl!r~! , Title: Project#: Department: Manager: Category: Domain: Location: Description: Justification: Project Timeline: II C9$\ $vmmary, Cost Category co389 Construction Fund 389 ct389 SP Contingency Fund Total: Ul, F!Jncling $l,lmin~,fY ·~. Funding Source 369 South Pointe Capital Total: CITY OF MIAMI BEACH 2012-2016 Capital Budget & 5-Year Capital Improvement Plan LED Lighting Installation pwsledligt CIP Office Carla Dixon cip Street/Sidewalk/Streetscape Improvements southpoint FTE's#: OPERATING CATEGORIES Total: This project entails the implementation of light-emitting diode (LED) energy efficient lighting system in the pedestrian level street lighting fixtures within the South Pointe neighborhood, south of 5th Street. The project boundary includes the area of the previously completed South Pointe Phase I ROW project; the South Pointe Phase II ROW project, currently under construction, and the South Pointe Phase Ill, IV & V project, currently in the construction/procurement phase. Funding for the required work scope will cover: 1) retrofitting approximately 421 existing light fixtures; 2) the incremental cost of utilizing LEOs, versus metal halide lighting system for the approximately 274 new lighting fixture in the South Pointe Ill, IV & V project; 3) the installation/retrofit of electrical panels and breakers; and 4) FPL metering and energizing costs. The project will serve a pilot lighting test for LED lighting technology. PROJECT TIMELINES TO BE DETERMINED. KIO's supported: Ensure Value and Timely Delivery of Quality Capital Projects; and Maintain City's Infrastructure. The installation of the LED Lighting System will reduce the maintenance and bulb replacement frequency, with the possibility of electrical energy savings. A/E Request for Qualifications Star MonthNear AlE Request for Qualifications C MonthNear AlE Agreement Award: Planning Start: Planning Completion: Design Start: Design Completion: Bid Start: Bid Completion: Construction Contract Award : Construction Start: Oct-2011 Construction Completion: Jun-2012 Prior Years 2011/12 2012/13 2013/14 2014/15 2015/16 Future 958,900 0 0 0 0 0 0 95,890 0 0 0 0 0 0 1,054,790 0 0 0 0 0 0 Prior Years 2011/12 2012/13 2013/14 2014/15 2015/16 Future 1,054,790 0 0 0 0 0 0 1,054,790 0 0 0 0 0 0 Annual Incremental Cost Total 958,900 95,890 1,054,790 Total 1,054,790 1,054,790 """' "l"'" ....... m 2012-2016 -=-IV Funding co389 Construction Fund 389 Subtotal: co ct389 SP Contingency Fund Subtotal: ct Total: CITY OF MIAMI BEACH Capital Budget & 5-Year Capital Improvement Plan Adopted Encumbrances Expenses Budget 958,900 20,109 6,450 958,900 20,109 6,450 95,890 0 0 95,890 0 0 1,054,790 20,109 6,450 Retainage 0 0 0 0 0 Balance ··.·-:-:-:-:-:}::::::::::::-::::···· 932,341 95,890 95,890 1,028,231 It) "'l""" ...... m -=-!.G!Imeril Title: Project#: Department: Manager: Category: Domain: Location: Description: Justification: Project Timeline: CITY OF MIAMI BEACH 2012-2016 Capital Budget & 5-Year Capital Improvement Plan S Pointe Improvements -Ph 111-V rwssprdaiv CIPOffice Carla Dixon cip Street/Sidewalk/Streetscape Improvements southpoint OPERATING CATEGORIES Operating and Maintenance FTE's#: Total: The Project limits are bounded by Ocean Drive to the east and Alton Road to the west, and include: 1st Street, between Alton Road and Ocean Drive Commerce Street, from Alton Road to Washington Avenue; Ocean Drive and Ocean Court, from 5th Street to South Pointe Drive; Collins Avenue and Collins Court, from 5th Street to South Pointe Drive; South Pointe Drive (Biscayne Street), from Alton Road to the eastern street end; Alton Road, from 5th Street to South Pointe Drive; Jefferson Avenue, between South Pointe Drive and 1st Street; 1st Street, from Alton Road to Jefferson Avenue; and Commerce Street and other adjacent alleys, roadways, and rights of way. This project is included in the City of Miami Beach ROW Infrastructure Improvement Program and the Public Works Citywide Water and Sewer Master Plan. The improvements include installation of new stormwater infrastructure within Priority Basin 1 to meet the Master Plan recommended level of service; streetscape Improvements, including new sidewalks; and crosswalks, traffic calming measures and installation of bump-outs at crosswalks; enhanced landscaping within median, swale and bump out areas; pedestrian lighting; bike lanes; and parking improvements. Additional scope of work includes select reconstruction of roadways and alleyways, implementation of new stormwater design for alleyways and "hot spots", replacement of approximately an additional 2,140 LF of water mains, environmental engineering and testing for contaminated sites, cleaning and videotaping of the existing stormwater system. Costs were derived from a combination of A/E Cost Estimate, in house take-off, and based on average unit pricing. Project contingencies are at a level corresponding to the anticipated unforeseen conditions; as well as permit fees, additional geotechnical services and project-related costs. The Project was re-bid in February 2010, and the recommendation for the construction contract award will be presented at the May Commission Meeting. "Hold above-ground unfunded amount funding pending construction bids." KIOs Supported: Ensure Value and Timely Delivery of Quality Capital Projects; Maintain City's Infrastructure; Maintain Miami Beach Public Areas & Rights of Way Citywide; and Improve Storm Drainage Citywide. AlE Request for Qualifications Star Month/Year A/E Request for Qualifications C Month/Year AlE Agreement Award: May-2005 Apr-2006 Planning Start: Jun-2005 Planning Completion: Design Start: Apr-2006 Design Completion: Apr-2008 Bid Start: Feb-2010 Bid Completion: Apr-2010 Construction Contract Award: May-2010 Construction Start: Nov-2010 Construction Completion: Dec-2012 Annual Incremental Cost 0.00 0.00 (0 "'l""" ....... RESOLUTION TO BE SUBMITTED 717 THIS PAGE INTENTIONALLY LEFT BLANK 718 COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving an Amendment to Resolution No. 2003-25171, which approved the modifications to the BOOR for the Bayshore Right of Way Improvement Project; said amendment amending the BOOR as follows: A) incorporating implementation of HOA requested roadway width and landscape items (11 Points); B) providing additional stormwater upgrades to the area known as Zone 4 in the BOOR; and C) providing complete milling and resurfacing of the roadway in lieu of asphalt overlay. The Administration also recommends that the Mayor and City Commission of the City of Miami Beach, Florida authorize the Mayor and City Clerk to execute Amendment No. 23 to the Professional Services Agreement between the City of Miami Beach, Florida, and CH2M Hill for the Professional Landscape, Architectural and Engineering Services for the Right-of-Way Infrastructure Improvements Program for Neighborhood No.8 Bayshore and Sunset Islands, dated May 16, 2001 (the Agreement), in the negotiated not-to-exceed amount of $200,401, for Additional Design Services for the Bayshore Neighborhood No. 8A Package, and $7,440, for reimbursable expenses, for a grand total not-to-exceed amount of $207,841, with previously appropriated Stormwater Bond funding. Key Intended Outcome Supported: Ensure Well Maintained Infrastructure and Ensure Well DesiQned, Quality Capital Projects. Supporting Data (Surveys, Environmental Scan, etc.): Ensure value and timely delivery of a quality capital project. Issue: I Shall the City Commission aerrove the amendment to the design contract? Item Summa {Recommendation: HOA Requests I Revisions -11 Points: In early 2010, the neighborhood association (HOA) requested that the City consider changing the width of some streets in the project area as well as some aspects of the completed design. On August 25, 2011, and prior to commencement of construction, members of the Bayshore HOA met with Cl P to, again, request thatthe eleven ( 11 ) items be considered for incorporation into the project design. The final, agreed to, eleven (11) Points were presented to the residents during the publicly advertised Community Pre-Construction Meeting of August 31, 2011.The requested changes were either not part of the BOOR, upon which the project design was developed, or were modifications to the BOOR. Additional Stormwater Upgrades: After a major storm event that occurred on October 30, 2011, which flooded a substantial area of the Central Bayshore neighborhood, the PWD and CIP were approached by concerned residents. The residents requested for the City to expedite revisions to the design of the stormwater facilities to provide additional relief from potential flooding conditions within the timeline of the current construction contract. After further evaluation by the EOR and the City's stormwater consultant, it has been determined that without additional stormwater improvements, potential severe flooding from storms are most likely as the current conditions are not conducive to meeting an adequate level of service. The Central Bayshore neighborhood's current stormwater management system consists primarily of outfalls served by inadequate swales, inlets, storm drains, and culverts. The existing design is based upon the recommendations of the City's 1997 Stormwater Master Plan and the subsequent Bayshore neighborhood BOOR. The 2011 City of Miami Beach Draft Stormwater Master Plan (SMP) developed by COM Smith has indicated that the existing stormwater management system no longer operates in compliance with the City's current stormwater level of service. Additional improvements such as relocation of a pump station, introduction of valley gutters for proper conveyance and additional stormwater infrastructure have been proposed by the EOR in concert with the SMP. Milling and Resurfacing of Roadwavs: The existing conditions of the roadway will require significantly more milling than was previously projected for the project. Field investigations during construction have identified the existing pavement to be in worse condition, as a result of pavement deterioration and distress, than anticipated. The dire condition of the roadway is not sustainable for the long term. Both the RPR and the EOR have recommended milling and reconstruction where required to provide a more durable pavement. The City desires to include the requested changes as part of the current project construction work. The engineer of record would revise the existing plans and submit applications for revised permits to the applicable governmental agencies. The additional cost required for stormwater and pavement upgrades will be requested through the capital bud et rocess u on com letion of revised construction documents. Advisory Board Recommendation: Financial Information: Source of t!\ Amount ~ds· ..lilt 1 $ 207,841 B~l'ti/J I Total $ 207,841 \ ~ Ci Clerk's Office Le islative Trackin Maria Hernandez Ext. 2584 MIAMI BEACH 719 Account Approved 431-2205-061357 AGENDA ITEM ------LR ....... l~/'1_,__ DATE 1-{K-£1._ <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 Kathie G. Brooks, Interim C~y Manager/~ ~-. July 18,2012 / A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR 1) AMENDING RESOLUTION NO. 2003-25171, WHICH APPROVED THE BASIS OF DESIGN REPORT (BOOR) FOR THE BAYSHORE RIGHT OF WAY IMPROVEMENT PROJECT; SAID AMENDMENT AMENDING THE BOOR AS FOLLOWS: A) INCORPORATING IMPLEMENTATION OF HOA REQUESTED ROADWAY WIDTH AND LANDSCAPE ITEMS (11 POINTS); B) PROVIDING ADDITIONAL STORMWATER UPGRADES TO THE AREA KNOWN AS ZONE 4 IN THE BOOR; AND C) PROVIDING COMPLETE MILLING AND RESURFACING OF THE ROADWAY IN LIEU OF ASPHALT OVERLAY; AND 2) AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 23 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND CH2M HILL FOR THE PROFESSIONAL LANDSCAPE, ARCHITECTURAL AND ENGINEERING SERVICES FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM FOR NEIGHBORHOOD NO. 8 BAYSHORE AND SUNSET ISLANDS, DATED MAY 16, 2001 (THE AGREEMENT), IN THE NEGOTIATED NOT-TO-EXCEED AMOUNTS OF $200,401, FOR ADDITIONAL DESIGN SERVICES FOR THE RIGHT OF WAY INFRASTRUCTURE IMPROVEMENTS FOR THE CENTRAL BAYSHORE NEIGHBORHOOD NO. SA PACKAGE IN ORDER TO INCORPORATE THE NECESSARY DESIGN CHANGES TO ACCOMMODATE THE PREVIOUSLY NOTED BOOR MODIFICATIONS; AND $7,440 FOR REIMBURSABLE EXPENSES, FOR A GRAND TOTAL NOT-TO-EXCEED AMOUNT OF $207,841; WITH PREVIOUSLY APPROPRIATED STORMWATER BOND FUNDING. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funding in the amount of $207,841, has been previously appropriated in the Capital Budget from Fund 431, Stormwater Bonds 2011 Series as follows: 720 Bayshore -CH2M Hill Additional Revisions and Stormwater Design Services July 18, 2012 Page 2 of9 Central Bayshore Neighborhood -SA: $207,841 Stormwater Bond 2011 Series, account# 431-2205-061357. $207,S41 Total (BP-SA) BACKGROUND -ENGINEERING On May 16, 2001, the City of Miami Beach (City) adopted Resolution No. 2001-24387, approving and authorizing the execution of an agreement with CH2M Hill, Inc. (CH2M Hill) for professional services for the Right-of-Way (ROW) Infrastructure Improvements Program for Neighborhood No. 8 -Bayshore and Sunset Islands project pursuant to Request for Qualifications (RFQ) No. 134-99/00. The agreement was for planning, design, and construction administration services for the collective Bayshore Neighborhoods which was originally one (1) project and was subsequently separated into five (5) individual projects via amendments to the original agreement. These five projects included Central Bayshore Neighborhood SA (Package BA), Lower North Bay Road Neighborhood 8B (Package 8B), Lake Pancoast Neighborhood 8C (Package 8C), and the Sunset Islands (Packages 8D and BE). Since the execution of the original Agreement on May 16, 2001, there have been several amendments to CH2M Hill's contract which have been either adopted by the City Commission or administratively approved. All previous amendments are being attached as part of Exhibit A. Amendment No. 23 is being presented herein for approval by the Mayor and City Commission. BACKGROUND-BOOR On April 9, 2003, the City Commission approved the Basis of Design Report (BODR), completed and submitted by CH2M Hill for the Neighborhood No. 8 Bayshore I Sunset Islands Project. This BODR was the culmination of a comprehensive planning effort that included input from and reviews by residents, various City Departments, and the Design Review Board (DRB). The first workshops occurred in 2001. A complete chronological summary of the history of the planning and design effort is attached as Exhibit B. ANALYSIS The Bayshore Neighborhood No. 8 Right-of-Way Improvements Project was one of thirteen neighborhood improvement projects included in a program developed by the City of Miami Beach to improve the quality of life of its residents. The program included citywide water, wastewater and stormwater improvements; as well as a variety of streetscape enhancement projects. This Commission Memorandum addresses one (1) of the Bayshore sub- neighborhoods; Central Bayshore Neighborhood No. SA (Package SA). Other neighborhoods such as Biscayne Point, Sunset Islands 1 & 2 & Venetian Islands, and Lake Pancoast have received additional unplanned improvements particularly for water and stormwater improvements and for milling and resurfacing based on technical needs. After the planning and design phases, Invitation to Bid (ITB) No. 18-09/10 was issued for Packages 8A/8C on December 31, 2009. Bids were received by the Technical Review Panel (TRP), as part of the City's standard Best Value Procurement process for the recommendation to award the construction contract. Pursuant to the Technical Review Panel's and City Manager's recommendation, the Mayor and City Commission adopted Resolution No. 2010- 27587 on December 8, 2010 authorizing the award of Packages SA and 8C to Lanzo Construction Co. of Florida (LCC). The first Notice to Proceed (NTP-1) was issued to LCC on August 19, 2011. The Pre- Construction conference took place on October 26, 2011 and the second Notice to Proceed 721 Bayshore -CH2M Hill Additional Revisions and Stormwater Design Services July 18, 2012 Page 3 of 9 (NTP-2) was issued on October 31, 2011. Construction mobilization took place on November 7, 2011. The project has a 24 month schedule and is currently at 25% completion (refer to Exhibit F, L TC291-2011, dated 11-14-11 HOA REQUESTS I REVISIONS -11 POINTS In early 2010, following completion of design and permitting services for the Central Bayshore project area, the neighborhood association (HOA) requested that the City consider changing the width of some streets in the project area as well as some aspects of the completed design. Several meetings highlighting this request took place as follows: • February 5, 2010 -LTC advising commission of the design activity that has taken place for the project. • February 16, 2010-The Neighborhoods and Community Affairs Committee Meeting. • March 8, 2010-Capital Improvement Projects Oversight Committee Meeting. Report is sent via Commission Memorandum on May 12, 2010. • April, 2010 -The Bayshore HOA forwarded a letter to the CIP Department highlighting eleven (11) key issues/concerns (Refer to Exhibit C attached). A presentation board graphically depicting the 11 items was also submitted to the City by the HOA for consideration. These eleven issues/concerns were referenced and discussed at other publicly-noticed meetings, including: o May 25, 2010 -The Neighborhoods and Community Affairs Committee Meeting. o June 28, 2010 -LTC advising Commission of the current project activity. Package includes the CIPOC, March 8, 2010 Meeting Minutes, April 12, 2010 HOA list of "11 Points", and May 25, 2010 Neighborhoods Committee Memorandum. o September 22, 2010 -The Mayor's Blue Ribbon Bikeways Advisory Committee Meeting. On August 25, 2011, and prior to commencement of construction, members of the Bayshore HOA met with CIP to, again, request that the eleven (11) items be considered for incorporation into the project design. CIP approached the Public Works Department (PWD) in several instances to discuss possible options on behalf of the residents. Subsequent meetings and correspondence took place between CIP, PWD, Planning and the Parks Department, and a compromise was reached for the majority of the items. The final, agreed to, eleven (11) Points were presented to the residents during the publicly advertised Community Pre-Construction Meeting of August 31, 2011. The requested changes were either not part of the BOOR, upon which the project design was developed, or were modifications to the BOOR. Some of the requested changes require modifications to the City's current Atlantic Greenway Network (AGN -Bike Route Master Plan), which will need to be updated should these recommendations be approved by the City Commission. Some of the currently designed roadways were increased in width to accommodate bike lanes. It is important to underline that the Commission, in the past, has requested to not impact the landscaping by increasing the pavement width to accommodate for bike lanes. The plans will require this revision should the Commission decide to accept the modification to the BOOR and the AGN. The plans will require a revision by the Engineer of Record to the currently permitted plans. Permits obtained to date are also based on the current design and will also need to be updated. The eleven (11) requested HOA items are listed below For a summary, location reference plan, and requested roadway revisions map refer to Exhibits D, D-1, D-2, and D-3: 722 Bayshore -CH2M Hill Additional Revisions and Stormwater Design Services July 18, 2012 Page 4 of 9 1. Narrow Sheridan Avenue from 30th Street to 40th Street from +/-32 feet to 24 feet and provide for a bike route (sharrow) and bus bays. The plans currently call for the street to remain the same width at +/-32 feet. There will be a credit for asphalt paving from the current budget and an increase for additional swales which should balance out. 2. Narrow North Meridian Avenue from Dade Boulevard to 28th Street and eliminate the proposed bike lanes and replace with a bike path adjacent to the right-of-way parallel to the golf course. Reduce the road width to 22 feet. Twenty two feet is the minimum width allowed on collector streets. The plans currently indicate an increased road width of 28 feet from existing 23 feet. There will be a credit for five feet of new roadway and elimination of the Bike Lanes from the current budget and an increase for additional swales. 3. Remove Prairie Avenue from 28th Street to Dade Boulevard from the Central Bayshore scope of work since this project was already completed by Public Works in 2011. This is a full credit to the project. 4. The HOA has also requested the removal of the Bike Lanes along Prairie Avenue from 28th to 40th Streets and a reduction in the roadway from 28 feet to 20 feet. PWD strongly recommended against this since the bike lanes already exist and are part of the adopted AGN and Prairie Avenue is a collector street No change is recommended to be made to the plans and there would be no change to the current budget. 4a. Alternative Request-In addition to the removal of the Bike Lanes on Prairie Avenue, the residents have subsequently requested that Priarie Avenue be reduced to a minimum allowable roadway width for local roads and that an alternate bike facility be placed on Royal Palm Avenue. The residents have requested a Bike Boulevard, however unless Royal Palm is widened, which has not been the desire of the community, the only feasible bicycle facility which could incorporated in this roadway would be sharrows. In addition, added costs would be have to be incurred for the reduction of Prairie Avenue. This alternative would require a change to the current plans and the currently adopted AGN, as well as generate an increase in the currently projected construction cost estimate being presented herein. The added cost is due to a reduction of the roadway width from 28 feet to 22 feet which is not currently budgeted. 5. Retain 28th Street from Sheridan to Prairie Avenues at 24 feet in width with the addition of sharrows in lieu of bike lanes. The plans currently indicate roadway widening to 28 feet with bike lanes. Redefine the current 10 foot wide multi-use sidewalk from the south side of 28th Street to maintain pedestrian connectivity with Sheridan Avenue. Establish connectivity to Prairie and North Meridian Road for safety. There will be a credit for four feet of new roadway and the concrete sidewalk from the current budget and an increase for additional swales which should balance out. 6. Narrow 34th Street from Chase Avenue to Pine Tree Drive to 22 feet in width with sharrows. The plans currently indicate a road width of 28 feet with bike lanes. There will be a credit for the asphalt and road widening since the existing roadway width is approximately 23 feet. 7. Fairgreen Drive to remain within its existing width of 16 feet. This can be accomplished by removing the scope of work from the ROW project and resurfacing the street as a 723 Bayshore -CH2M Hill Additional Revisions and Stormwater Design Services July 18, 2012 Page 5 of9 separate maintenance project. The plans currently indicate a road widening to 20 feet. There would be a credit for the asphalt and road widening if the roadway remains at the current width. 8. The current plans increase 31st Street from Sheridan Avenue to Pine Tree Drive from an existing width of 15 feet to 20 feet in order to remain continuous with the remaining street width. The HOA is willing to accept this as a compromise, therefore no change in the current plans is expected and no additional cost is anticipated. 9. Eliminate all proposed mid-block stamped asphalt decorative treatments and replace with concrete paver treatments. It is anticipated that the County will not approve mid block pedestrian crossings due to traffic safety concerns. Moreover, the BOOR would need to be modified to eliminate the previously requested "traffic tables" and instead allow the Public Works department will refresh the existing traffic calming analysis along this neighborhood to determine if traffic calming is indeed warranted and what type of traffic calming facility would need to be incorporated to mitigate traffic concerns. Under this scenario the City would be in a better position to a) determine the type of traffic calming facility and b) allocate the adequate proper funding source for implementation 10. Eliminate all proposed stamped asphalt decorative crosswalks at intersections and replace with concrete paver treatments. With the exception of 40th Street, current plans call for stamped asphalt. No changes to the current design plans will be made since a different type of treatment outside of the adopted stamped asphalt could result in other neighborhoods generating similar requests throughout the City and funding requests to be evaluated in concert with all neighborhoods. Additional funds would be required for this change which is not currently programmed. 11. Eliminate the proposed Royal Palm species on the south side of 40th Street as they are sporadically spaced and replace with Mahogany species. Add more canopy trees wherever possible as per the recently completed plan submitted by the HOA. (Refer to Exhibit D-3). Current permitted plans include up-lighting and shrubs which could be removed from the scope. Landscape plans will need to be modified to reflect these changes at minimal or no cost. Pursuant to the aforementioned requests by the HOA, the City is bringing forth these changes as part of the current project construction work. The engineer of record would need to revise the existing plans and submit applications for revised permits to the applicable governmental agencies. The HOA requested items are not expected to require a significant increase in construction cost, based upon preliminary estimates. A detailed estimate of probable cost will be submitted by the consultant once revised construction documents are completed. ADDITIONAL STORMWATER UPGRADES The Bayshore neighborhood is bounded by the environmentally sensitive Biscayne Bay Aquatic Preserve, which is also an Outstanding Florida Water (OFW) and intracoastal waterway. The area has relatively low-lying and flat topography that experiences high intensity rainfall, significant tidal influence, limited soil storage for infiltration, and very limited swale storage capacity due to a high distribution of impervious area. The Central Bayshore Neighborhood's current stormwater management system consists primarily of outfalls served by swales, inlets, storm drains, and culverts. The existing design is 724 Bayshore -CH2M Hill Additional Revisions and Stormwater Design Services July 18, 2012 Page 6 of 9 based upon the recommendations of the City's 1997 Stormwater Master Plan and the subsequent Bayshore neighborhood BOOR. The City's stormwater master plan consultant, CDM Smith, undertook an extensive stormwater analysis of the Bayshore Neighborhood. The current analysis makes use of modeling from the Draft Stormwater Master Plan, which is more sophisticated than the previous 1997 Stormwater Master Plan. The stormwater master plan determined that Pump Station No. 2 located between Pine Tree Dr. and Flamingo Dr., can be replaced with a system based on gravity wells and upsized outfalls. Pump Station No. 2 could then be relocated in a more needed location to the area of 28th St. and Fairgreen Drive and be used to provide additional stormwater infrastructure within Zone 4 and the North Meridian collection system indicated in Exhibit E-2. After a major storm event that occurred on October 30, 2011, which flooded a substantial area of the Central Bayshore neighborhood, the PWD and CIP were approached by concerned residents. The residents requested for the City to expedite revisions to the design of the stormwater facilities to provide additional relief from potential flooding conditions within the timeline of the current construction contract. The Central Bayshore neighborhood's current stormwater management system consists primarily of outfalls served by swales, inlets, storm drains, and culverts which currently do not meet the 5 year level of service. The Engineer of Record is proposing changes outlined below. For a complete summary of the changes and location plan of the area refer to Exhibits E-1 and E-2, and Exhibits 1-1, 1-2 and 1-4 1. Provide design for a stormwater collection system to serve the southwest portion of the Central Bayshore area with boundaries roughly defined by W. 28th Street to the south, Prairie Avenue to the west, Sheridan Avenue to the east and W. 34th Street to the north. The estimated construction cost for this item is $1,142,134 and is detailed in Exhibit 1-1 attached. 2. Provide a design for the replacement of the existing collection system on North Meridian Avenue, between W. 28th Street and Dade Boulevard and tie into the recently constructed 36-inch diameter outfall on Dade Boulevard. The estimated construction cost for this item is $341 ,400 and is detailed in Exhibit 1-1 attached. 3. In conjunction with the roadway revisions, valley gutters shall also be provided as appropriate to direct flow to the collection system throughout the project area, as the limited capacity of the swales within the right of way does not allow for adequate conveyance and storage. The estimated construction cost for this item is $1,250,665 and is detailed in Exhibit 1-4 attached. 4. To reduce costs and allow for the addition of Item 1 above, relocate the pump station and pressure injection wells in the basin currently known as Pump Station No. 2 between Pine Tree and Flamingo Drives in the northeast portion of the Central Bayshore area. The collection and disposal system along Flamingo Drive will be redesigned to incorporate gravity disposal wells and an upgrade to the existing outfall. The estimated construction cost for this item is $197,712 and is detailed in Exhibit 1-2 attached. 5. In associated with construction of stormwater improvements, roadway restoration finishing is estimated to cost $493,395. 725 Bayshore -CH2M Hill Additional Revisions and Stormwater Design Services July 18, 2012 Page 7 of 9 MILLING AND RESURFACING OF ROADWAYS The existing project plans call for a pavement overlay on all the neighborhood streets. Field investigations during construction have identified the existing pavement to be in worse condition, as a result of pavement deterioration and distress, than anticipated. The dire condition of the roadway is not sustainable for the long term. Both the resident project representative (RPR) and the engineer of record (EOR) have recommended milling and resurfacing where required to provide a more durable pavement. The original BOOR recommended that all roads within the Central Bayshore neighborhood be resurfaced with a one (1) inch overlay of asphalt and that milling of the roadway be limited to areas where there is excessive scarring or where the grade (slope) of the road needs to be modified "to support stormwater drainage. Milling is a process that grinds the existing asphalt surface to change the slope of the surface and to assist bonding between the existing and new asphalt courses. Only 20% of the existing road surface was projected to require milling prior to resurfacing to address scarring and grading issues. The City desires to include the requested changes as part of the current project construction work. The engineer of record would revise the existing plans and submit applications for revised permits to the applicable governmental agencies. The additional cost required for stormwater and pavement upgrades will be requested through the capital budget process once a detailed estimate of probable cost is submitted by the consultant upon completion of revised construction documents. The estimated construction cost for the milling and resurfacing of the roadways within the Central Bay.shore project is $986,789 and is detailed in Exhibit 1-3 attached. However, the amount of above ground funding net of the portions funded by stormwater and water and sewer is $197,357. A credit for the deletion of Prairie Avenue in the amount of $93,211 is also included. ADDITIONAL WATER AND SEWER FUNDING For the Central Bayshore Neighborhood, water & sewer funding in the amount of $296,037 is needed for construction more appropriately allocating the proper distribution of above ground funding between water, stormwater and above ground efforts. FINANCE AND CITYWIDE PROJECT COMMITTEE DISCUSSION JULY 9, 2011 On July 9, 2012 a presentation was made to the Finance and Citywide Projects Committee (FCWPC) regarding additional capital budget requests to include warranted infrastructure needs for stormwater roadway milling and resurfacing, valley gutter improvements; as well as a recommendation concerning the aforementioned 11 points brought forth in this memo. Concerns were brought forth by members of the committee and the public regarding the impacts to mobility by the elimination of assigned bike facilities in lieu of roadway narrowing. Staff brought to the attention of the Committee a prior Commission direction to obtain approval whenever a roadway is to be widened to accommodate bike lanes. It is important to underline that current plans require widening of the roadway to accommodate bike lanes for the Central Bayshore neighborhood. 726 Bayshore -CH2M Hill Additional Revisions and Stormwater Design Services July 18, 2012 Page 8 of9 A discussion further ensued with the FCWPC agreeing on establishing bike connectivity through bike lanes/paths along N. Meridian Avenue, and 28th Street, as shown on the current plans, as well as establishing connectivity from 28th Street north to 42"ct Street via Prairie Avenue. It is emphasized that the Atlantic Greenway Network Master Plan (AGN) would need to be modify to reflect any modifications related to the acceptance of these facilities, specifically any removal of assigned bike lanes along 34th street. Residents also expressed their desire to increase landscaping and incorporate additional shade trees within the landscape plan at all bike route areas and throughout the neighborhood. Commissioner Weithorn expressed concern that the existing speed cushions on Prairie Avenue currently encroach into the Bike Lanes and cause a hazardous condition to cyclists. Public Works has advised that the speed cushions can modified to not encroach into the Bike Lanes. Fernando Vazquez, P.E., CIP Director, indicated that currently, construction is underway and the need to move expeditiously with the proposed changes to the plans is of utmost priority in order not to incur additional delays to the project. Overall City staff indicated roadway width improvements would not have a significant impact on the current budget of the project. See attached FCWPC Memo dated July 9, 2012 (Exhibit J). SCOPE OF SERVICES -ENGINEERING In order to move forward with the HOA requested rev1s1ons and additional storm water improvements, it will be necessary for the City to provide additional engineering services to CH2M Hill to provide design services to revise the construction documents, as well as permitting services to update all necessary permits affected by the proposed design changes. In an effort to execute the additional work in a seamless and expeditious manner, it is anticipated that all project design changes will be incorporated into Lanzo's construction contract by change order, using the current unit pricing provided for in the contract. Many of the changes are simply modifications to existing contract items with incorporation into the contract being a straightforward process. However, some of the items will involve new construction not included in the original contract schedule when this project was issued to bid. The price will need to be negotiated. If an agreement with LCC cannot be reached, the new items will be developed into a new construction contract for bidding, and shall follow construction once Lanzo's work is completed. The fee being requested by CH2M Hill for this task, including reimbursable expenses is $207,841.00. The Projects' total construction budget is $22,900,000 for all three packages (Bayshores A, B & C). A detailed breakdown of the scope of services and fee is included herein (refer to Exhibits G & H). CONCLUSION: Based on the aforementioned, the Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve an Amendment to Resolution No. 2003-25171, which approved the modifications to the BODR for the Bayshore Right of Way Improvement Project; said amendment amending the BODR as follows: A) incorporating implementation of HOA requested roadway width and landscape items (11 Points); B) providing additional stormwater upgrades to the area known as Zone 4 in the BODR; and C) providing complete milling and resurfacing of the roadway in lieu of asphalt overlay. The Administration also recommends that the Mayor and City Commission of the City of Miami Beach, Florida 727 Bayshore -CH2M Hill Additional Revisions and Stormwater Design Services July 18, 2012 Page 9 of 9 authorize the Mayor and City Clerk to execute Amendment No. 23 to the Professional Services Agreement between the City of Miami Beach, Florida, and CH2M Hill for the Professional Landscape, Architectural and Engineering Services for the Right-of-Way Infrastructure Improvements Program for Neighborhood No. 8 Bayshore and Sunset Islands, dated May 16, 2001 (the Agreement), in the negotiated not-to-exceed amount of $200,401, for Additional Design Services for the Bayshore Neighborhood No. 8A Package, and $7,440, for reimbursable expenses, for a grand total not-to-exceed amount of $207,841, with previously appropriated Stormwater Bond funding. Attachments: Exhibit A: List of prior Amendments Exhibit B: Chronological History and Process Summary Exhibit C: HOA Original Request Exhibit D: Roadway Width Changes -Existing & Proposed Exhibit D-1: HOA Compromise-Summary Exhibit D-2: HOA Compromise -Map Exhibit D-3: HOA Requested Landscaping Exhibit E-1: Additional Stormwater Upgrades-Summary Exhibit E-2: Additional Stormwater Upgrades -Map Exhibit F: LTC 291-2011 dated 11-14-11 Exhibit G: Amendment No. 23 -Scope of Work Exhibit H: Amendment No. 23-Detailed Breakdown Exhibit 1-1 to 1-4 Budget Level Cost Estimates Exhibit J: FCWPC Memo dated July 9, 2012 KGB/JGG/FV T:\AGENDA\2012\7-18-12\Bayshores\Bayshore-CH2M Hill Additional Design-MEMO.docx 728 Exhibit A Prior List of Approved Amendments Amounts Approved: Original Contract Value Amendment No. 1 Amendment No. 2 · Amendment No. 3 Amendment No. 4 Amendment No. 5 Amendment No. 6 Amendment No. 7 Amendment No. 8 Amendment No. 9 Amendment No. 1 0 Amendment No. 11 Amendment No. 12 Amendment No. 13 Amendment No. 14 Amendment No. 15 Amendment No. 16 Amendment No. 17 Amendment No. 18 Amendment No. 19 Amendment No. 20 Amendment No. 21 Amendment No. 22 Total Revised Contract Value: Descriptions: Original Agreement: $133,174 $1,913,302 $0 $12,850 $2,500 $55,863 $372,230 $58,128 $24,900 $3,200 $8,680 $10,400 $142,955 $22,156 $15,403 $2,145 $2,947 $15,344 $15,196 $108,000 $0 198,718 $700.000 $3,818,091 May 16, 2001, the Mayor and City Commission adopted Resolution No. 2001-24387, approving and authorizing the Mayor and City Clerk to execute an agreement with the Consultant for professional services (the Agreement) for the Right-of-Way Infrastructure Improvements Program Neighborhood No. 8 Bayshore and Sunset Island project (the Project), pursuant to Request for Qualifications No. 134-99/00. The Agreement provides for the detailed planning services for various streetscape, landscape, and utility improvements within the Bayshore and Sunset Island neighborhoods and the planning effort for the Bayshore and Sunset Island neighborhoods has been completed and detail design activities are underway. Page 1 of 4 729 Exhibit A Amendment No. 1: December 10,2003, the Mayor and City Commission adopted Resolution No. 2003-25432. approving additional design services for planning, design, permitting, bidding I award. and construction administrative services for the Bayshore and Sunset Island neighborhoods in the not-to-exceed amount of $1,913,302 and resulting in a revised contract fee of $2,046,476;and Amendment No. 2: FebruarJ 24. 2005. the Agreement was administratively executed, to re-package Sunset Islands 1 and 2 from Bid Package 8D to Bid Package 8B at no additional cost, resulting in no change to contract. Amendment No. 3: November 8, 2005, the Agreement was administratively executed to include the completion of a topographic survey along Pine Tree Drive, from \Nest 28th to West 40m Streets, along the east side of the road, in the not-to-exceed amount of $12,850; resulting in a revised contract fee of $2,059,326. Amendment No. 4: February 17, 2006, the Agreement was administratively executed to include the evaluation, permitting and preparation of construction cost alternatives for the installation of curb/valley gutters to Sunset Islands 1 and 2, in the not-to-exceed amount of $2,500; resulting in a revised contract fee of $2,061 ,826. Amendment No. 5: February 16, 2006, the Agreement was executed to include the installation of four (4) drainage test wells to provide additional information for the preparation of a Letter of Reasonable Assurance to be submitted to the Florida Department of Environmental Protection (FDEP), as required in the permit application for the Project. in the not-to-exceed amount of $55,863; resulting in a revised contract fee of $2,117,689. Amendment No. 6: September 6, 2006, the Mayor and City Commission adopted Resolution No. 2006-26283, approving Amendment No. 6 to the Agreement for the design of ·'P3.2" classified water main replacements required by the City's Public Works Department, in the not-to-exceed amount of $372,230; resulting in a revised contract fee of $2,489,919. Amendment No.7: September 6, 2006, the Mayor and City Commission adopted Resolution No. 2006-26283, approving Amendment No. 7 to the Agreement for the design of bike lanes/routes required by the City's Public 'Narks Department, in the not to exceed amount of $58, ·128; resulting in a revised contract fee of $2,548,047. Amendment No. 8: September 9, 2006, the Agreement was administratively executed to include the design of alternative parking in the Lake Pancoast area, in the not-to-exceed amount of $24,900; Page 2 of 4 730 Exhibit A resulting in a revised contract fee of $2.572.947. Amendment No. 9: September 9, 2006, the Agreement was administratively executed to include the design of road edge treatment to Sunset Islands 1 and 2, in the not-to-exceed amount of $3,200: resulting in a revised contract fee of $2,576,147. Amendment No.10: September 9, 2006. the Agreement was administratively executed to include the design of resident requested modifications in the Lake Pancoast area; in the not-to-exceed amount of $8,680; resulting in a revised contract fee of $2,584,827. Amendment No. 11: August 6, 2007, to the Agreement was administratively executed for an additional thirty seven (37) soil borings in Sunset Island No. 1 to verify underground utility services and potential conflicts, in the not to exceed amount of $10,400; resulting in a revised contract fee of $2,595,227. Amendment No. 12: April 11, 2007, the Mayor and City Commission adopted Resolution No. 2007-26504, approving Amendment No. 12 to the Agreement for additional services regarding verification of additional underground utilities to avoid conflicts in 103 boring sites along North Bay Road between Sunset Drive and Alton Road, in the not to exceed amount of $27,500; and 334 boring sites for Bid Package 8A-Central Bayshore, in the not to exceed amount of $94,675; and to perform a traffic study at the intersection of West 281h Street and Prairie Avenue, in the not to exceed amount of $20, 780; all resulting in a revised contract fee of $2,738.182. Amendment No. 13: December 20, 2007, the Agreement was administratively executed for additional services to expand the traffic study of alternative design concepts for the 281 " Street and Prairie Avenue intersection (previously authorized under Amendment No. 12), in the not to exceed amount of $22,156; resulting in a revised contract fee of $2,760,338. Amendment No.14: December 20, 2007, the Agreement was administratively executed for additional services to implement miscellaneous design revisions to bike lanes. traffic tables. crosswalks, the 281h Street and Prairie Avenue intersection, and water mains, in the not to exceed amount of $15,403: resulting in a revised contract fee of 52,775,741. Amendment No. 15: December 7, 2007, the Agreement was administratively executed for additional services to prepare a re-application package for the Historic Preservation Board for the Lake Pancoast Bid Package, in the not to exceed amount of $2, 145; resulting in a revised contract fee of $2,777.886. Page 3 of 4 731 Exhibit A Amendment No. 16: December 7, 2007, the Agreement was administratively executed for additional services for design services, preparation of materials, and attendance at a meeting with residents discussing options for the intersection of 28:h Street and Prairie Avenue, in the not to exceed amount of $2,947; resulting in a revised contract fee of $2,780,833. Amendment No.17: January 6, 2009, the Agreement was administratively executed for additional services for design services. preparation of materials, and attendance at various Board and civic meetings discussing options on Sunset Islands No. I and II, in the not to exceed amount of $15,344; resulting in a revised contract fee of $2,796,177. Amendment No. 18: January 6, 2009, the Agreement was administratively executed for additional services for design services necessary for the preparation of a technical memorandum evaluating the use of exflltration trenches in lieu of a stormwater pump station in Lake Pancoast, in the not to exceed amount of $15, 196; resulting in a revised contract fee of $2,811,373. Amendment No. 19: October 14, 2009, the Mayor and City Commission adopted Resolution No. 2009-27223, approving Amendment No. 19 to the Agreement which provided for additional design scope on Sunset Islands No.3 and 4; in the not-to-exceed amount of $108,000. Amendment No. 20: April13, 2011, the Mayor and City Commission adopted Resolution 2011-27643, approving Amendment No. 20 to the Agreement to reallocate funds from construction administration to bidding and award services for the Neighborhood No.8 Bayshore and Sunset Island, in the amount of $340,069.99, and decreasing the total construction administration budget from $371,441 to $31,371.01; resulting in no change to the overall contract fee. Amendment No. 21: April13, 2011, the Mayor and City Commission adopted Resolution 2011-27644, approving Amendment No. 21, to the Agreement which provided additional services for design documents and permitting services to procure the DERM Tree Removal Permits for the Bayshore Neighborhood No. 8 and Sunset Island Projects, to participate in value engineering, for design modifications and associated re-permitting services to incorporate the level of service review comments, for a total not-to-exceed amount of $198,717.97; resulting in a revised contract fee of $3, 118,090.97. Amendment No. 22: October 4, 2011, the Mayor and City Commission adopted Resolution 2011-27682, approving additional Construction Administration services. for a period of twenty-six (26) months for the Bayshore Neignborhoods No. 8A. and 8C, Packages in the amount of $640,586, and 559.414, for reimbursables. for a grand total not-to-exceed amount of 5700.000. resulting in a revised contract sum of $3.818.090.97. Page 4 of 4 732 Exhibit 8 CHRONOLOGICAL HISTORY AND PROCESS FOR THE CENTRAL BAYSHORE NEIGHBORHOOD Projects in the Capital Improvement Program move through three stages-planning. design and construction. The City of Miami Beach reaches out to the community during this process in order to assure that during the final development of the construction plans the majority of the desires and concerns raised by residents and stakeholders are considered. This includes the development of a Basis of Design Report (BOOR). as well as publicly-noticed milestone meetings. The City involves the homeowner associations (HOAs) of the various impacted neighborhoods, and attempts to empower the HOAs by encouraging their involvement in the process. The City has also established a communications protocol to reach out to residents via community organizations/HOAs and Neighborhood leaders. Additionally, when meetings are held, they are publicly noticed and the community is provided notification via the newspaper, a flyer that is distributed door-to-door. and the calendar on the City's website. Although the BOOR becomes the basis by which to initially document the community's desires. there are regulating agencies that have ultimate jurisdiction over the project specifications. These include the City's Public Works Department. Parks Department, Planning Department, Miami-Dade County Traffic. Miami-Dade County Environmental Resources Management, South Florida Water Management. among others. Depending on the scope of the project and the infrastructure and environmental impacts. agencies on the federal level can also get involved. Since the inception of the Bayshore Neighborhood project, the City has conducted the appropriate due-diligence and met with residents at various phases of the project. The following community meetings have been held since the beginning of the Bayshore Neighborhood Improvement Project: Planning Phase: o Dec.4,2001 v Feb. 14, 2002 o June 11 , 2002 BOOR: Community Design Workshop #1 Community Design Workshop #2 Community Design Workshop #3 The BOOR was presented at the G.O. Bond Oversight Committee. which was an advertised public meeting that was also broadcasted and rebroadcasted on MBTV 77 : April?, 2003 -BOOR Presentation to G.O. Bond Oversight Committee The BOOR. including Addendum No. 1. was then presented at a City Commission meeting for approval. City Commission meetings are also advertised public meeting and also broadcasted live and rebroadcasted on MBTV 77 ::; April 9, 2003 -BOOR Presentation to the City Commission Design Phase: -Feb. 15. 2007 -Community Design Review Meeting Page 1 of 3 733 HOA Meetings: :.:: Feb. 5, 2010-LTC advising commission of the design activity that has taken place for the project. Complaints regarding the BOOR are listed. .. Feb. 16, 2010 -The Neighborhoods and Community Affairs Committee Meeting -March 8, 2010 -Capital Improvement Projects Oversight Committee tvleeting. Report is sent via Commission Memorandum on May 12, 2010. -April, 201 0 -The Bayshore HOA forwarded a letter to the CIP Department highlighting eleven ( 11) key issues/concerns. A presentation board graphically depicting the 11 items was also submitted to the City by the HOA for consideration. These eleven issues/concerns were referenced and discussed at other publicly-noticed meetings, including: -May 25, 2010-The Neighborhoods and Community Affairs Committee Meeting .: June 28, 2010 -LTC advising Commission of the current project activity. Package includes the CIPOC March 8, 2010 Meeting Minutes, April 12, 2010 HOA list of ·'11 Points··. and May 25, 2010 Neighborhoods Committee Memorandum. :: Sept. 22. 2010-The Mayor"s Blue Ribbon Bikeways Advisory Committee Meeting All of the above requests from the HOA were submitted after construction documents were completed and permits processed. Bike Ways: In the City's Bikeways Master Plan. several roads within the Bayshore neighborhood were identified as designated bicycle lanes. These include 28m Street. North Meridian Ave., and 34!h Street. However, these existing roads would have to be widened in order to incorporate bicycle lanes. The Mayor and Commission have expressed that any increase in the width of a roadway be approved; many within the Central Bayshore neighborhood also stated that increasing roadways in Bayshore would be against their wishes. In an effort to keep bikeways within these areas, and satisfy the concerns of both the Commission and residents. CIP took into account the needs of these various interests and integrated ·'sharrows··-shared roadways that accommodate both vehicles and bicycles --to achieve the cohesive design of both roads. The administration has found that sharrows provide the best alternative to a) introduce a safe environment that allows vehicles to share the road with cyclists. b) introduces a proven traffic calming effect, and c) allow the integrity of the greenspace to remain. The above compromises were discussed and accepted by the HOA and presented during the Preconstruction community meeting which took place on August 31, 2011. Pre-Construction Phase: Publicly advertised meetings continued to be held for selection of the General Contractor for construction of the Central Bayshore and Lake Pancoast Neighborhoods. ~ Dec. 31, 2009 -General Contractor ITB is Advertised Page 2 of 3 734 ~ Nov. 19. 2010-Technical Review Panel selects Lanzo Construction as the GC : Dec. 8, 20·1 0 -Commission Awards the Contract Aug. 19, 2011 -Issuance of NTP-1 ~ Aug. 31, 2011 -Pre-Construction Community Meeting Construction Phase: After the pre-construction phase and community outreach was completed, CIP prepared to commence construction as per the requirements of the contract: :: Oct. 26, 2011 -Pre-Construction Meeting Held. _. Oct. 3·1. 2011 -Issuance of NTP-2 :: Nov. 7, 2011 -Construction Commenced. ~ Oct. 31, 2013-Projected Construction completion. Page 3 of3 735 Exhibit C Bayshore Homeown·ers Association = To: Keith Mizell-CIP Office From: John Corey-President ofBayshore HOA Date: Aprill2, 2010 Bayshore Homeowners Association Community CIP Requests -April 2010 1. Narrow Sheridan Ave. to 20 feet from 30th to 40th Streets. Miami Beach, Florida 2. Eliminate the proposed Bike Lanes on Meridian Avenue from Dade Boulevard to 28th Street, narrow to 20 feet and install Bike Routes. 3. Narrow Prairie from Dade to 28th Street to 20 feet. (Public Works to complete with High School swale landscaping) 4. Remove the existing Bike Lanes on Prairie from 28th to 40th Streets and narrow to 20 feet, install Bike Routes instead. 5. Eliminate the proposed 10 foot wide multi-use sidewalk from the sout1: side of 28th Street from Sheridan to Prairie, narrow Prairie to 20 feet and install a Bike Route. 6. Narrow 34th Street to 20 feet. 7. Seek an exception to maintain the following streets at the current widths: • Fairgreen at its current roadway width of approximately 16 feet and • 31st Street between Pine Tree Drive and Sheridan at its current roadway width of approximately 15 feet. 8. Eliminate all proposed mid-block stamped asphalt decorative treatments throughout the project. 9. Eliminate all proposed stamped asphalt decorative crosswalk. treatments at intersections, with the ex::eption of 40th Street. 10. Eliminate the proposed Royal Paims species on the south side of 40th Street and replace with canopy trees: Mahogany species. 11. Arid more canopy trees whereve:-possible throughout neighborhooc sacrificing pain: trees i: neec be. The community prefers Mahogany species. N::!GICOMM A.=:=AIRS COMM AG::ND..; (0 age 15 of 58., 736 Exhibit D ROADWAY WIDTH CHANGES EXISTING & PROPOSED ---.. --J ..-----, c··-, ,----, ,------, ... ' __ __..-· \ . 0 .. ;;} : : . . , I J1 r ~---· ,. JL! ' ; i : : :r G-. \......:-~--ill ·~~-:-·--· ·----I l_J• ~ ) c,.....,..__} . I It'_____ . . .. ._;--· . a r---~ i 1 i ,If ! ~------lil r\ .. \ !l ~-;.._) i it/ f: i J. l.c;1 f ! \ i ; : ! ! IL __ _j : !'! _ll ! t :1: ~ l._ .Jb I ... _ ... L .. _j L ·t . . II I n,a·: / /: ;--l~••r--1 r.;~~----=.-.-J ! iti U' . I I 'I . . ,..... l I .. /.• • : I . /It .,. . : .. .... __ / / / jl: :I: Jl! i:! t ( r----, f · · :.If II I IJ : r · J • I ! • • • .'-1 1 I \ I It 1[-:•:1 ~; I "r·-I I 'i : ·--. \\ / -:::· ~-----.... .. L --.--~_._._/ · tl ' , tt L: ~r ----· ~ l I ' · ' • I ,------1 •• fl! l_'li : r-~~-: : f! 1'1 '#' f I ., · / 1 -lL. _ _j'i_ j! !I; !I I_._J_ r··---l r-=~ r_t ___ ··-J ; // 2SO" 125' 0 --~· ; j i : : I I: :I I: :It I·: :It I, :I I: i : :I ...... .,__] : --~; // j/ .1!/ I I :'/ , /: .. /·· I(_,./ Ill :: \r--! /: ll iJ_·iL ..... _ _j L __ _j_' .. _L_ .. ___ _j II It['··---~ r-··---,r··-, :: ...._jt' : L. :: :, : II -...---. -• ..-..-._) __ _J f I, I :\: !{--/ r··--, r··11j :, : I ) ll· ·I '1· U! I I ·. Zj il' jlf :•. : ~~-. I . ·I· ·' : 1 I · · ~' . . ;_' . : ~-,· .-.-_: I~ ----.EXISTING BIKE I.ANE8 • • • • • • • • • PROPOSED BIKE I.ANE8 737 PROPOSED WIDE LANE REQUESTJID BY RESIDENTS TO BE REDUCED. EXISTING WIDE LANE REQUESTIID BY RESIDENTS TO BE REDUCED. ....... w ()0 2 3 4 4a 5 6 8 9 10 11 Item Sheridan Avenue North MericllaR Ave. Prairie ""-•: 28lh Street co Dade llvd. Prairie -ue · Bike lane Removal: 28th Street to 4tltb Street Prairie -ue ·Bike Lane Removal allemallve and latroductkm of like facility to Royal Palm Avenue. 28th Street il4th Street Fatrareen Drive ill Street: Fr-Sherld1111 to Pine Tree Drive 11 block) Mid-Block Tr-eats ne-atlve Crosswalks at latersectiGas Shade Trees Curreat ClllMHIU Plaas Sheridan Avenue from 28th St. to 30lh St. travel lane narrows from(:t 31 feet to 24 feet}. Sheridan Avenue from 30th St. to 41St. travel lane remains the same width I~ 32 feet). North Meridian Ave. existlns travel lane width Is :t 23 feet. current plans show a width of 28 feet with bike lanes. Prairie will be removed from the project scope of work from Dade Blvd. to 28th Street. Current plans reflect Bike lanes from 28th to 40th Street. Current plans reflect Bike lanes from 28th to 40th Street. CUrrent plans reflect an Increase in road width from+/· 23 feet to 28 feet from Meridian Ave. to Pine Tree Drive. Current plans reflect an Increase In road width from+/· 23 feet to 28 feet from Chase Ave. to Pine Tree Drive. CUrrent plans reflect an Increase in road width from +/· 16 feet to 20 feet. Current plans reflect and Increase in road width from +/• 15 feet to 20 feet from Sheridan to Pine Tree Drive. Current plans reflect 13 stamped asphalt traffic calming flxutres. Current plans reflect decorative stamped asphalt crosswalks at 28th, 30th and Sheridan Intersections. Current plans reflect a total of 346 trees ( 194 which are palms}, 5,682 shrubs, and electrical upUghts. CENTRAL BAVSHORE A HOA Compromise • 11 Points HOA Comoromlse Scope Chance Travel lane will be reduced to 24 feet Reduction in paving, increase in swale with sharrows (Bike route} and bus area. stop pull out areas along Sheridan from 30th to 40th Street. Travel lane can be 22 feet with Reduction in paving, slight increase in sharrows (Bike Route} swale area along N. Meridian. N/A Remove from scope. Credit back to the project. Bike lanes to remain from 28th to No Change. 40th street. HOA has requested that the Bike Reduction in pavin&, increase in swale lanes on Prairie Avenue be removed area. Increase in cost to the project and the exlstin& road be narrowed. A since Prairie Avenue from 28 to 40th Bike facility would be relocated to Street was never contemplated. Royal Palm Ave. Travel lane can remain at 24 feet with Reduction In paving. Credit back to sharrows (Bike Route} in lieu of Bike the project. Lanes. Sidewalk extension becomes part of the Par 3 project. Travel lane will be reduced to 22 feet Reduction in paving. Credit back to with sharrows. the project. Fairgreen can remain as is. Reduction in paving. Credit back to the project. No compromise • Travel lane will be No Change. increased 20 feet, as per plans. Residents request an alternative or Remove from scope. Credit back to brick pavers. the project. Residents request brick paver No Change. crosswalks. HOA submitted a revised landscape Completely new plan. Must be plan consisting of 448 shade trees, no approved by PWO, Parks, Planning. palms, minimal shrubs (at pump stations}, and no uplichts. BODRCh.,...e YES • BOOR only refers to reduction of Sheridan from 28th to 30th Street. No reduction was proposed or Sheridan from 30th to 40th. YES • Since there is no mention of Bike lanes or Sharrows In the BOOR. Bike lanes were lncorpOl'ated following adoption of AGN. YES • Prairie Ave. was in the Ol'iginal BOOR, but work was performed by PWO therefore the street is eliminated from the project. YES • Since there is no mention of Bike lanes in the BOOR. Yes • Since there is no mention of bike lanes or Facilities in the BOOR. NO • This facility is net mentioned in the BOOR. YES • Since there is no mention of Bike lanes or Sharrows in the BOOR. NO· Fairgreen is net mentioned in the BOOR. NO· 31st Street Is net mentioned in the BOOR. YES· BOOR calls for mld·block traffic calming. YES • the BOOR only mentions brick paver crosswalks along 40th Street. YES • Royal palms were specified for 40th street, and Coconut Palms for Sheridan Ave. with the rematnlng trees being canopy type. Shrubs are also part of the !he BOOR and those will be removed, as well as the up·llehting. Different species are being proposed. Benefit of Chana Increased neighborhood feel, less paved area, more room for street trees and more area for swale construction without the need to remove existing vesetatlon. Increased neighborhood feel, less paved area, more room fOl' street trees and more area for swale construction without the need to remove existing vegetation. N/A ·Work completed ahead of time. Maintain Bike Lane facility which is existing. Increased neighborhood feel, less paved area, more room for street trees and more area for swale construction without the need to remove existing vegetation. Increased neig:hborhood feel, less paved area, more room for street trees and more area for swale construction without the need to remove e>r:isting vegetation. Increased neishborhood feel, less paved area, more room for street trees and more area for swale construction without the need to remove existing vegetation. No change to the character of the street. 31st Street becomes a uniform road which Is up to code. Pedestrian Safety. No cost Increase to the project. Addition of substanttal amount of shade trees. Improved neighborhod coherance and feel. m )( ::r s: ;:; c I ..... Exhibit D-2 HOA REQUESTS/REVISIONS ttPOINTS ORIGINALHOA REQUEST !lllllilll!ll! ALTBBNATB REQUEST 739 LOCATION MAP toCA1tOif OF PIIOIIlCT t Exhibit D-3 ITEM 11-REVISED LANDSCAPE PLAN ........ ~ ....Jo. 2 3 4 1 ItAim Ceturalllayshore (Zone 4)-Sou3west Portion Pump Station No. 2 North Meridian Collection System Valley Gutters OTHER UPGRADES Mllllns & Resurfacing Current CHWHU.I. Plans Swale Reclamation & Reconstruction with a "V" shape approx. 6 inches deep, 12 new catch basins, and 900 LF of exfiltration trench for water quality. Currently located between Flamingo Drive and Pinetree Drive at 35th Street 5ameasNo.l Curently only 2,000 LF of 18 inch valley gutter is Included in the project. Currently project only calls for predominately overlaying of new asphalt over existing pavement. CENTRALBAYSHOREA Stormwater Upgrades HOA Compromise Scope Change Not Applicable New design will include collection, detention, and pumping facilities similar to the other components of the existing project. Not Applicable Relocate to 28th Street location near Par 3 golf course. Redesign previous PSII2 location to incorporate gravity disposal wells and an upgrade to the existing outfall. Not Applicable New design will be based on swales, road grading and inlet system revisions as req. Basin will extend east to the back lot lines of the houses along Meridian. Discharge will be to the recently installed 36 inch sleeve in the new sewall on the Dade Blvd. canal. Not Applicable Add to entire project (approximately 60,000 linear feet more) and increase in size to 24 inches. Not Applicable Add re-milllng to entire project. Page 1 of 1 BODRChan11e YES-the BOOR indicates a passive drainage system. YES -No pump stations were proposed for this Zone. YES-same as No. 1. YES-the BOOR considered this a possible ~future" Item. YES-the BOOR states that only approximately 20% of the roadway will require milling. Benefit of Change Conditions around this part of the neighborhood have changed since the original design resulting in an increase in flooding. The change will prov•de positive stormwater management facilities. same as Item 1 above. same as Item l above. Improved conveyance of stormwater if swales cannot be constructed due to encroachments • Existing pavement is In worse condition and thinner than expected. Pavement reconstruction will provide a more durable pavement. m >< :::r -· C" -· .... m I .. Exhibit E-2 NEIGHBORHOOD No.8· CENTRAL BAYSHORE "A" PROP08ljD 8" D. I. WATER j\WN AND DRAI:'l'AGE SYSTEM ~~-<:_~-~-~ ' /, '. / -· ·-· _...,· / .. ' !-·~~"::-. : .. ,.· -~ ! .umtntooontt:tm,UJ ( W, .l;IMifnlUT I N.MERIDIAN • COLLECTION SYSTEM 742 l i 1 Exhibit F i ... • ·l lD MIAMI BEACH ~ . -.""!' OFFICE OF THE CITY MANAGER . . . ---, LTC# ( 291-2011 I I ! 'RECEIVED LETTfR 1INOVC60MMISSION :~01 ~0 1 T · AH ll: 0 I ' " qliY CLERK'S OFFICE TO: · Mayor Matti Herrera Bower and Members of the CitY Commission . SUBJECT: Jorge M .. Gonzalez, City Manager m· ·. · November 14, 2011 Construction Comme,ncement for al Bayshore and Lake P~ncoast Right FROM: DATE: of Way Improvement Projects The purpose. of this Letter to Commission (LTC) is to inform you that on October 28, 2011, the second Notice to Proceed (NTP ~)was issued to Lanzo Construction of Florida (Lanzo) the contractor hired to complete · the · Centr~l Bayshore and Lake Pancoast Right of Way Improvement Projects. ·. Construction commenced on October:31, 2011. The project is expected to be completed in approximately 24 months for Centr~I.Bayshore and· 12 months for Lake Panco~st, however both projects will be !=Onstructed simultaneously. · ·Central Bavshore The scope of work for this area is as follows: . • Storm Drainage Improvements.-injec~ion wells, pump stations and roadway collection syatems · ·· · · · · · .. .. · .... · · .. · · • Water Main lmproveme.nts • Landscaping Improvements • ADA Upgrades • Roadway Improvements Lak! Pancoast The scope of work for this area is a$ follows: • Storm Drainage Improvements • Water Main lmprovem$nts • Lighting Improvements -decorative lighting • Landscaping Improvements • ADA Upgrades • Roadway Improvements -addition of a ~raffle circle and decorative crosswalks The preliminary schedule submitted by Lanzo indicateS. that the contractor will first. install all underground infrastructures and thEm. proceed with streetscape improvements. Construction., will be conducted in ·phases in order to minimize the effects of construction to the · neighborhood. Lanzo plans to execute th~ project in six phases. TheSe six phases are representative of six geographic areas where the contractor will first instaH water main, upgrade drainage and restore aboveground elements. ~-· 743 ·~ . .. . Letter to Commission-Central Bayshont an~ Lake Pancoast Construct/on Commecement ·November 10, 2011 Page2of2 Currently, the contractor proceede~ with the installation of water main lines at the following locations: . · . ·· · • Flamingo Drive, frqm West 28 Street to West 40 Street • Chase AV&nue, from West 34 Street to West 40 Str~et Currently, CIP Staff is coordinating a staging area tor the project, as the final site is not fully defined. The original site was the Par 3 Golf Course, but residents of Central Bayshore raised concerns about using this space as a· staging area. In accordance with requests from the community, CIP. is determining what staging areas are available and, ones a site is selected, will advise s~akeholders of the final determination. · · · · · · CIP Staff eontinues to maintain contact with the Homeowners Association and Neighborhood Association leadership in both neighborhoods. PriO( to work commencing, the ·contractor's · ~ublic Information Officer (PIO) dl.stributed Information door to door throughout the project· limits that deta!led the scope of w6rk and schedules. Additionally, the PIO coordinates all aspects of communi~tion .with CIP's Public ·Information staff; Including weet<ly updates aricf construction alerts throughout the course of the project. The PIO has a· constant presence in ·the neighborhood ar)d Is the point of contact for all resident concerns and input. · . The Lake Pancoast Neighborhood project is anticipated to commence in early-March 2012, and both projects are scheduled to be completed simultaneously by October 201·3. If you have any questions, please feel free to contact me . . JMG/~··~ 744 Exhibit G Amendment No. 23 To The Professional Services Agreement Between The City of Miami Beach, FL And CH2M HILL Dated May 16, 2001 For Additional Design Services for the Right-Of-Way Infrastructure Improvements Program Neighborhoods No. 8, A, 8 and C -Central Bayshore/Lower North Bay Road/Lake Pancoast BOOR Based Design Modifications and Additional Permitting Services for Improvements for the Central Bayshore Project Area This Amendment No. 23, to the above referenced Agreement is made and entered this -~-day of , 2012, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive. Miami Beach, FL. 33139, (hereinafter referred to as the CITY) and CH2M HILL, a Florida Corporation, having its principal office located at 800 Fairway Drive, Suite 350, Deerfield Beach, FL 33441 (hereinafter referred to as the CONSULT ANT). PROJECT DESCRIPTION Following completion of design and permitting services for the Central Bayshore project area. the neighborhood association (HOA) requested that the City consider changing the configuration of some streets in the project area and change some aspects of the completed design. Some of the requested changes require coordination with the City's Bike Route Master Plan. The requested changes were no. part of the Basis of Design Report (BOOR) upon which the project design was developed and therefore the work requires acceptance of revisions to the BOOR. Permits obtained to date are also based on the current design and will need to be updated. The City desires to 1nclude the requested changes as part of the current project construction work. In addition. changes in the area around and downstream of the Central Bayshore area have altered drainage patterns not anticipated by the design of stormwater systems contained in the current project(s). This includes existing and proposed changes to the two, City owned golf courses adjacent to this project. The City has requested changes to the design of stormwater facilities in the Central Bayshore area to provide additional relief from potential flooding conditions in the vicinity of the two golf courses. There are 745 also numerous locations throughout the project area where changed conditions that have occurred since the design '.vas completed require !ccaHzed mcdiffcntions to the design. SCOPE OF SERVICES Task 1 -Central Bayshore Design Modifications The CONSULT ANT will provide design services to update the construction documents and include the following changes to the design. The design changes are subject to the final approval of the City Public Works Department (PVV), the f~J1iami-Dade Public Works Department (~1DPW) and other authorities. Bike route modifications will need to comply with the City's Bike Master Plan. It is anticipated that all project design changes will be incorporated into the existing construction contracts by change order. The CONSULT ANT makes no guarantee that the requested changes can be approved and added to the final construction documents for incorporation into the project work: 1. Reduce the width of Sheridan Ave. to 24 feet and add bike lane signage ("sharrows'') to Sheridan Ave. from 30th to 40 1h Streets to provide for designated. ·'shared" bike lanes. Provide bus stop turn-outs at current bus stop locations or at locations determined by the agency responsible. 2. Eliminate the proposed, separate bike lanes on Meridian Avenue from Dade Boulevard to 28 1h Street. narrow the proposed pavement to 22 feet and provide designated, ·'shared" bike lanes. 3. Sidewalks along 281 h St. will be coordinated with the pathways provided in the Par 3 golf course project. The pavement width on vV. 28 10 St. will remain at 24 feet. 4. Reduce the pavement width of 34:h Street to 22 feet and provide designated, ·'shared" bike lanes. 5. Delete the proposed improvements on Fairgreen Ave. except for water main replacement. 6. Eliminate all proposed mid-block stamped asphalt decorative treatments throughout the project and replace with brick pavers. 7. Eliminate all proposed stc.mped asphalt decorative crosswalk treatments at Intersections and replace with paver brick crosswalks. Note that MDPW has requested that many intersections in the project area be changed to 4-way, including those on 40 1h St. 8. Eliminate the proposed Royal Palm species on the south side of 40:n Street and replace with canopy trees (species to be determined by the City) and add more canopy trees wherever possible throughoLtt neighborhood replacing palm trees if need be. The tree planting will be coordinated with the Parks Department with the intent of maintaining species consistent with the character of the neighborhood. or will be in accordance with the proposed landscaping plan 746 provided by representatives of the HOA. Relocate drainage structures on 40rr Street impacted by recently installed street light support poles. 9 Delete proposed work on Prairie Ave. between W. 28th St. and Dade Boulevard and coordinate design with previously constructed project. 10. Incorporate the changes into the existing contract documents by contract Change Order using existing unit prices where appropriate to add and delete items from the contract as needed. Documentation for items not currently part of the construction contract will be developed for negotiation with the contractor. The CONSULT ANT will provide a cost estimate for the proposed design changes. Task 2 -Central Bayshore Stormwater Modifications Provide a design for a stormwater collection system to serve the southwest portion of the Central Bayshore area with boundaries roughly defined by W. 28th St. to the south, Prairie Ave. to the west, Sheridan Ave. to the east and W. 34th St. to the north. The intent is to have this work included in the current construction contract. If issues associated with cost or schedule prevents this, the design will become Phase 2 to be constructed under a future improvements contract. 1. The design will include collection, detention, pumping facilities and pressure injection wells similar to the other components of the existing project. 2. The detention, pumping and injection facilities will be located within the vicinity of the north side of the Par 3 golf course at a location to be approved by the City. 3. Stormwater connections back to the City Golf Course will be abandoned so as to prevent backflow of drainage from the golf course. The stormwater model will be utilized to determine the height of a berm to extend from Chase Avenue to Dade Boulevard to contain the 1 day/25 year storm event within the golf course without overflow into the Central Bayshore area. 4. The basin stormwater system will be designed to meet the design flows from the contributing basin area as delineated by COM. pursuant to the Citywide Stormwater Master Plan. 5. In conjunction with the roadway changes provided in Task 1 above. provide either swales or valley gutters as appropriate to direct flow to the collection !>ystem throughout the project area. If valley gutters are implemented, sluices or flumes will be incorporated to direct flow into the collection system inlets as currently designed. 6. To reduce costs and allow for the addition of Item 2.1 above, delete the pump station and pressure injection wells in the basin currently known as PS #2 between Pinetree and Flamingo Drives in the northeast portion of the Central Bayshore area. The collection and disposal system along Flamingo Drive will be redesigned to incorporate gravity disposal wells and an upgrade to the existing outfall. ·' 747 a. The changes described above are anticipated to be included in the current construction contract. b. Modeling for the redesigned collection system will be conducted and provided by the City to the CONSULTANT for its use in understanding the proposed changes. Additional modeling will be provided by the EOR to support the design and permitting (below). The modeling will be coordinated with the design of the Par 3 golf course to determine if additional capacity exists on the golf course to handle flow from the Central Bayshore area. c. Modify existing computations of stormwater runoff and disposal to support the above design changes. Modifications to inlets, manholes, well systems may be required to accommodate some changes. d. Include provisions for improving drainage at the 33ro and 35tt1 St. intersections with Pinetree Drive. e. Provide a connection to the Basin #5 system south of W. 33'd St. f. Project will include the replacement of an existing outfall from Flamingo Drive north of W. 28th St. and an increase in size from 24 to 36 inches. 7 Provide a design and prepare permit modifications for replacement of the outfall on Flamingo Drive north of W. 35!h St. The house at that location is being reconstructed and Public Works has requested that the outfall be replaced while there is the opportunity. The outfall work was not included in the original design; however the cost of the outfall replacement was included as an allowance under the contract with Lanzo Construction. 8. Provide a design for the replacement of the existing collection system on North Meridian Avenue. between W. 28';, St. and Dade Blvd. a. System will be based on swales, road grading and inlet system revisions as required to meet the design conditions. Existing facilities will be used to the extent possible. b. Basin will extend east to the back lot lines of the houses along Meridian and west to the ridge along the golf course. c. Discharge will be to the recently installed 36 inch sleeve in the new seawall. d. Drainage connections between the City Golf Course and the street drainage pipes will be disconnected. With the berm to be provided as per Task 2.1.d above, it is assumed that the golf course will contain its own runoff under future conditions. e. The changes in this basin are significant enough to require ne'J\ permitting with DERM and SFWMD (below). Task 3-Permitting For this task. the CONSULT ANT shall prepare or update as necessary the permits affected by the proposed design changes. Specific activities will include: • Submit permit application forms to CITY for t11eir review. 748 • Incorporate comments/revisions from CITY and then submit to the appropriate permitting authority. • Provide response to up to two requests for additional information. if requested by the referenced permitting authorities. • Up to two meetings with the referenced permitting authorities as required to facilitate the permitting processes • Incorporate comments/revisions from permitting authorities. if required. • CONSULTANT will communicate and coordinate with regulatory agencies as required to facilitate the permit approval process. The permit authorities that may be affected by the proposed design changes include the following authorities. It is not expected that the proposed design changes will affect any of the stormwater, dewatering or environmental permits. • Miami-Dade Public Works (pavement width, bike route changes, water main replacement in Pinetree and the reconfigured Sheridan/Pinetree area near the SRYC) • City of Miami Beach Public Works (pavement width and bike route changes) • Miami-Dade Health Dept. for the replacement of the Pinetree water main. • Miami-Dade DERM (landscaping and tree removal) • City of Miami Beach Parks Department (landscaping and tree removal) • ACOE, DERM. SFWMD and FDEP for changes to stormwater system designs. o The relocation of the pump station from the PS #2 basin to the southwest area of Central Bayshore is expected to be limited to a modification of existing permits. o The new gravity system in the area served by the relocated PS #2 will require new permitting through DERM, FDEP and the SFWMD. Deliverables: o The Lake Pancoast and Flamingo Drive outfall replacements will require modification of the SFWMD permits and new ACOE permits. 1. Revised drawings showing the proposed design changes to be added to the current contract documents by change order 2. Develop project change orders to incorporate design changes into the construction contract( s ). 3. Completed application forms or permit update requests. 4. All permit deliverables will include the appropriate number of full-size sets and half-size drawing sets as well as one electronic PDF. Assumptions: 1. Tasks 1 and 2 of the scope of work will be completed no later than 60 days following the notice to proceed (NTP) from City. and the CITY's timely review of deliverables. Task 3 will proceed as soon as design documents are 5 749 completed and approved for submittal. Permit applications will be provided fer execution by the City concurrent with design submittals. 2. Task 1 assumes that sufficient survey information exists to complete the design changes. 3. Task 1 design revisions do not anticipate the requirement to change the grade of sidewalks or perform major re-design of the systems as they are currently designed -in particular changes that would result in the need to re- permit other aspects of the project. Proposed design revisions are based on documentation from PW, CIP and HOA (CIPOC) representatives and as directed by the CITY Changes to the design documents will be prepared for inclusion by. change order into the project work. If the level of re-design exceeds what is anticipated, the CONSULTANT shall advise the CITY that additional amendment to this contract may be required. 4. Golf course existing conditions and modeling of stormwater discharge to be provided by COM. 5. That no MD DERM Class I permits are necessary for the outfall pipe work. 6. CONSULTANT will attend up to 2 meetings with HOAs or individual homeowners regarding the proposed design changes. 7 Borings for the new pump station or other requirements will be obtained using the City's existing services contract. 8. All review documents will be provided electronically by use of FTP. Sharepoint orE-Builder document transfer sites. 9. CITY will pay all permitting fees. 10. CITY will provide writte1 application comments within two weeks of receipt of all review packages. CONSULTANT will respond to comments in writing within one week of receipt from CITY. 11. Travel expenses will be reimbursed by the CITY. 12. CH2M HILL shall not be responsible for Regulatory Agency delays, or any delay caused beyond our control. 13. Additional construction phase services and construction and bid phase services for a new construction contract (if necessary) are not included in this amendment. PAYMENT AND COMPENSATION The total fee proposed for the scope of work described above shall be a time basis fee in the amount of $207,841.00, including an allowance for reimbursable expenses as shown in Attachment B. Additional survey services are not expected and are not included in this Amendment. () 750 Item Task 1 -Central Bayshore Design Modifications Task 2-Central Bayshore Stormwater Modifications Task 3 -Permitting · Reimbursable Expenses Total Amendment No. 23 Amount $89.810.00 $78.455.00 ' $32.136.00 $7,440.00 $207,841.00 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. 23, to be executed in their name by their duly authorized officials of the date first set forth above. CITY OF MIAMI BEACH, FLORIDA Date: Matti Herrera Bower, Mayor Attest: City Clerk: Robert Parcher 751 CH2M HILL Date: Brenda Van Ravenswaay. P.E. Vice President Attest: Secretary: ....... U1 1\.) Attachment B Amendment #23 • For Additional Design Services for the Right-Of-Way Infrastructure Improvements Program Neighborhoods No. 8; A and C-Central Bayshore/Lake Pancoast labor and Expenses Bayshore Package "A" Labor Fee $ 200,400 Expenses $ 7,440 Total $ 207,840 $ 207,841 Bayshore Package "A" & "C"Total Fee $ 207,841 Fee calc_amend23_CB_sw_BODR_5_25 5/25/2012 ....... U1 (...) TASK NO. 1 ICentnll 8avWre Sttetts Street Oeslan Chan!les Cross Sections Changes Detail Changes Contract Chanlle Order 2 1c.-at lhwbor. ~jew basin design (Phase II) 'lamnao Basin Redeskln ·~~ IMerdlan Basi11 dlll!l!lot~ Ill) 3 IADPW ..coe Fl.)_~_ SFWMO OERM Miami Beach • PW, Parb JQt_~'!'l!l;IIJ.2and 3 !TRAVEL AND I POSTAGE & FREIGH" ..Tllt!!!_Tl!l;ll_.1,_2~~ !Hourly Rates 1 48 16 16 24 8 -~ 8 16 16 12 16 $ 1 4C ~ 24 _3;!~ J. _j____j _ _l J 189.2o 1 s .l Toblo2.t s.tvc.a Oi.l'lflQ Conctruetbn for the avotUIImiBuchNoiOhbothoOdNo a o..JanP-'A' 88 ~ 40 24 _1_<1_ -~ 32 40 16 320 I 126.68 r$ 104.941 $ 8 8 8 24 84.431 $ ~ 160 -~-.24 80 -~ _L 12 g 4 2 4 4 4 8 ~-88.051 $ 48.25 336 J~ 40 168 ..M. 34 4< 5: 6( 31 _17~ 19 0 -~ZJ'M $16,~ $5,231 $18.959 $78.455 $4,271 .S"-.'1'1'<1.. $5,110 >.E _mgA!)Q_ $1,54() $400 $5,500 $7,440 m >< ::::r -· C" ;:;: ::r:: ........ U1 ~ Bayshore Package "A" !c-at llay8hore Task 1 Mileage Fed Ex (Leiter) Reimburslbles Task2 Mileage Fed Ex (leiter) Relnmursibles Task 4 • Permiltiftg Mileage Fed Ex (letter) Relmburslbles Sublotal for Central Baysbore Unit 1200 $ 10 $ 1500 $ 1200 $ 10 $ 2500 $ 400 $ 20 $ 1500 $ Fee calc_amend23_CB_SW_BODR_5_25 Rate Total 0.55 $ 11&0.00 10.00 s 100.00 1.00 $ 1,500.00 0.55 $ 11&0.00 10.00 $ 100.00 1.00 $ 2,500.00 0.55 s 220.00 10.00 s 200.00 1.00 $ 1,$00.00 $ 7,440.00 Table3 Services During Construction for the City of Miami Beach Neighborhood No. 8 Design Packages "A", •s•. "C" and "D" 512512012 Exhibit 1-1 Budget Level Cost Estimate City of Miami Beach Neighborhood 8 • Bayshore/Sunset Islands Central Bayshore • Package A Additional Stormwater Collection • SW Bayshore (Phase II) and Meridian (Phase Ill) Item Unit Quantity UP SW Bayshore (Phase II) catch basin EA 76 2900 Storm Manhole EA 48 2200 1S" RCP LF 20 45 18" RCP LF 613 54 24" RCP LF 2299 58 36" RCP LF 3860 79 48" RCP LF 2645 130 Meridian (Phase Ill) catch ba;in EA 14 2900 Storm Manhole EA 14 2200 15" RCP LF 700 45 18" RCP LF 500 54 24" RCP LF 1500 58 36" RCP LF 500 79 48"RCP LF 500 130 connection at Merdian EA 1 20000 Total Budget Estimate 755 Extended Cost 220400 105600 900 33102 133342 304940 343850 $ 1,142,134.00 40600 30800 31500 27000 87000 39500 65000 20000 $ 341,400.00 $ 1,483,534.00 Exhibit 1-2 Budget level Cost Estimate City of Miami Beach Neighborhood 8 -Bayshore/Sunset Islands Central Bayshore -Package A/Lake Pancoast -Package C Relocate PS 114 and Replace With Gravity Wells; Replace Outfall Item Unit Quantity UP Extended Cost Central Bayshore Gravity Drainage Wells EA 6 32000.00 192000 Replace Outfall @ 28th St. 36" Drain Pipe LF 28 79.00 2212 Headwall Penetration EA 1 900.00 900 Connection at DMH EA 1 900.00 900 Manatee Grate EA 1 1700.00 1700 Total Budget Estimate $ 197,712.00 Notes: 1. PW requested changes due to change in design requirements 756 Exhibit 1-3 Budget Level Cost Estimate City of Miami Beach Neighborhood 8 • Bayshore/Sunset Islands Central Bayshore • Package A/Lake Pancoast • Package C Mill and Rework Base Prior to Paving; Delete Prairie Ave. Item Unit Quantity UP Extended Cost Central Bayshore _ Add 4.17.a Mill Pavement SF 135000 2.00 270000.00 rework base SF 135000 6.00 810000.00 $ 1,080,000.00 Delete 4.09.a sidewalk SF 1296 5.50 7128.00 4.10.a traffic calming EA 2 3000.00 6000.00 4.12.b stop bars LF 55 3.00 165.00 4.12.c crosswalks LF 402 1.50 603.00 4.12.d double stripes LF 405 1.50 607.50 4.12.e single stripes LF 288 1.00 288.00 4.12.f turn arrows EA 4 50.00 200.00 4.16.b asphalt SF 9126 5.00 45630.00 4.18.a swale SF 61919 0.50 30959.50 18" single thermoplastic markings LF 230 3.00 690.00 8" single thermoplastic markings LF 126 2.00 252.00 Bi-Directional white/red rpm EA 22 4.00 88.00 No parking signs EA 3 200.00 600.00 $ (93,211.00) Lake Pancoast Add 4.17.a Mill Pavement SF 8950 2.00 17900 rework base SF 8950 6.00 53700 $ 71,600.00 Total Budget Estimate $ 1,()58,389.00 Notes: 1. Based on existing pavement quantities 2. New unit price required for base rework 3. Prairie Ave. south of 28th deleted 757 Exhibit 1-4 Budget Level Cost Estimate City of Miami Beach Neighborhood 8 -Bayshore/Sunset Islands Central Bayshore -Package A Provide Valley Gutters-entire Central Bayshore area Street Estimated Length Meridian 2968 1889 23rd 85 109 28th 368 1749( Royal Palm 80 2880 Priarie 84 3606 Salidor 78 17 Flamingo 906 2994 35th 360 33rd 400 29th 74 845 30th 74 1126 31st 1286 34th 1548 Sheridan 3341 37th 1468 657 40th 1494 427 Chase 1280 500 1540 Garden 1148 39th 682 36063 LF Total Estimated Length (both sides of street-LF) = Unit Price for 24" Valley Gutter (Lanzo) Total Budget Estimate 72126 $ 17.34 $ 1,250,664.84 758 Exhibit J e MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMITTEE MEMORANDUM Finance and Citywide Projects Committee Kathie G. Brooks, Interim City Manager July 9, 2012 DISCUSSION ON AMENDING THE BASIS OF DESIGN REPORT FOR CENTRAL BAYSHORE NEIGHBORHOOD NO. SA AND LAKE PANCOAST NEIGHBORHOOD NO. 8C TO INCLUDE HOA REQUESTS, ADDITIONAL STORMWATER IMPROVEMENTS, AND ADDITIONAL MILLING AND RESURFACING. The purpose of this informational memorandum is to provide general background for a discussion on amending the current Basis of Design Review Report (BOOR) and associated funding impacts for the Central Bayshore neighborhood in order to incorporate the implementation of several Homeowner Association (HOA) requests; provide additional stormwater upgrades; and to provide milling and resurfacing of the roadway in lieu of asphalt overlay. BACKGROUND-ENGINEERING On May 16, 2001, the City of Miami Beach (City) adopted Resolution No. 2001-24387, approving and authorizing the execution of an agreement with CH2M Hill, Inc. (CH2M Hill) for professional services for the Right-of-Way (ROW) Infrastructure Improvements Program for Neighborhood No. 8 -Bayshore and Sunset Islands project pursuant to Request for Qualifications (RFQ) No. 134-99/00. The agreement was for planning, design, and construction administration services for the collective Bayshore Neighborhoods which was originally one (1) project and was subsequently separated into five (5) individual projects via amendments to the original agreement. These five projects included Central Bayshore Neighborhood 8A (Package 8A), Lower North Bay Road Neighborhood 8B (Package 8B}, Lake Pancoast Neighborhood 8C (Package 8C}, and the Sunset Islands (Packages 80 and 8E). BACKGROUND-BOOR On April 9, 2003, the City Commission approved the Basis of Design Report (BOOR), completed and submitted by CH2M Hill for the Neighborhood No. 8 Bayshore I Sunset Islands Project. This BOOR was the culmination of a comprehensive planning effort that included input from and reviews by residents, various City Departments, and the Design Review Board (ORB). The first workshops occurred in 2001. A complete chronological summary of the history of the planning and design effort is attached as Exhibit A. 759 FCWPC Meeting -July 9, 2012 Page 2 of9 ANALYSIS The Bayshore Neighborhood No. 8 Right-of-Way Improvements Project was one of thirteen neighborhood improvement projects included in a program developed by the City of Miami Beach to improve the quality of life of its residents. The program included citywide water, wastewater and stormwater improvements; as well as a variety of streetscape enhancement projects. This Finance Committee Memorandum addresses two (2) of the Bayshore sub- neighborhoods; Central Bayshore Neighborhood No. 8 (Bid Package A) and the Lake Pancoast Neighborhood No. 8 (Bid Package C). Other neighborhoods such as Biscayne Point, Sunset Islands 1 & 2 & Venetian Islands have received additional unplanned improvements particularly for water and stormwater improvements and milling and resurfacing based on technical needs. After the planning and design phases, Invitation to Bid {ITB} No. 18-09/1 0 was issued for Packages 8A/8C on December 31, 2009. Bids were received by the Technical Review Panel (TRP), as part of the City's standard Best Value Procurement process for the recommendation to award the construction contract. Pursuant to the Technical Review Panel's and City Manager's recommendation, the Mayor and City Commission adopted Resolution No. 2010- 27587 on December 8, 2010 authorizing the award of Packages 8A and 8C to Lanzo Construction Co. of Florida (LCC) in the amount of $18,414,814.55 including contingency. The first Notice to Proceed (NTP-1) was issued to LCC on August 19, 2011. The Pre- Construction conference took place on October 26, 2011 and the second Notice to Proceed (NTP-2) was issued on October 31, 2011. Construction mobilization took place on November 7, 2011. The project has a 24 month schedule and is currently at 25% completion (refer to Exhibit E, LTC291-2011, dated 11-14-11). HOA REQUESTS I REVISIONS -11 POINTS In early 2010, following completion of design and permitting services for the Central Bayshore project area, the neighborhood association (HOA) requested that the City consider changing the width of some streets in the project area as well as some aspects of the completed design. Several meetings highlighting this request took place as follows: • February 5, 2010 -LTC advising commission of the design activity that has taken place for the project. • February 16, 2010-The Neighborhoods and Community Affairs Committee Meeting. • March 8, 2010 -Capital Improvement Projects Oversight Committee Meeting. Report is sent via Commission Memorandum on May 12, 2010. • April, 2010 -The Bayshore HOA forwarded a letter to the CIP Department highlighting eleven (11) key issues/concerns (Refer to Exhibit B attached). A presentation board graphically depicting the 11 items was also submitted to the City by the HOA for consideration. These eleven issues/concerns were referenced and discussed at other publicly-noticed meetings, including: o May 25, 201 0 -The Neighborhoods and Community Affairs Committee Meeting. o June 28, 2010 -LTC advising Commission of the current project activity. Package includes the CIPOC, March 8, 2010 Meeting Minutes, April 12, 2010 HOA list of "11 Points", and May 25, 2010 Neighborhoods Committee Memorandum. o September 22, 2010 -The Mayor's Blue Ribbon Bikeways Advisory Committee Meeting. On August 25, 2011, and prior to commencement of construction, members of the Bayshore HOA met with CIP to, again, request that the eleven (11) items be considered for incorporation into the project design. CIP approached the Public Works Department (PWD) in several 760 FCWPC Meeting-July 9, 2012 Page 3 of9 instances to discuss possible options on behalf of the residents. Subsequent meetings and correspondence took place between CIP, PWD, Planning and the Parks Department, and a compromise was reached for the majority of the items. The final, agreed to, eleven (11) Points were presented to the residents during the publicly advertised Community Pre-Construction Meeting of August 31, 2011. The requested changes were either not part of the BOOR, upon which the project design was developed, or were modifications to the BOOR. Some of the requested changes require modifications to the City's current Atlantic Greenway Network (AGN-Bike Route Master Plan), which will need to be updated should these recommendations be approved by the City Commission. Some of the currently designed roadways were increased in width to accommodate bike lanes. It is important to underline that the Commission, in the past, has requested to not impact the landscaping by increasing the pavement width to accommodate for bike lanes. The plans will require this revision should the Commission decide to accept the modification to the BOOR and the AGN. The plans will require a revision by the Engineer of Record to the currently permitted plans. Permits obtained to date are also based on the current design and will also need to be updated. The approved HOA requested items are listed below. For a complete summary and location plan of the eleven (11) points refer to Exhibits C-1, C-2, and C-3: 1. Narrow Sheridan Avenue from 30th Street to 40th Street from +/-32 feet to 24 feet and provide for a bike route (sharrow) and bus bays. The plans currently call for the street to remain the same width at +/-32 feet. There will be a credit for asphalt paving from the current budget and an increase for additional swales which should balance out. 2. Narrow North Meridian Avenue from Dade Boulevard to 28th Street and eliminate the proposed bike lanes and replace with a bike path within the right-of-way adjacent to the golf course. Reduce the road width to 22 feet. Twenty two feet is the minimum width allowed on collector streets. The plans currently indicate an increased road width of 28 feet from existing 23 feet. There will be a credit for five feet of new roadway and elimination of the Bike Lanes from the current budget and an increase for additional swales. 3. Remove Prairie Avenue from 28th Street to Dade Boulevard from the Central Bayshore scope of work since this project was already completed by Public Works in 2011. This is a full credit to the project. 4. The HOA has also requested the removal of the Bike Lanes along Prairie Avenue from 28th to 40th Streets and a reduction in the roadway from 28 feet to 20 feet. PWD strongly recommended against this since the bike lanes already exist and are part of the adopted AGN and Prairie Avenue is a collector street No change is recommended to be made to the plans and there would be no change to the current budget. 4a. Alternative Request-In addition to the removal of the Bike Lanes on Prairie Avenue, the residents have subsequently requested that Priarie Avenue be reduced to a minimum allowable roadway width for local roads and that an alternate bike facility be placed on Royal Palm Avenue. The residents have requested a Bike Boulevard, however unless Royal Palm is widened, which has not been the desire of the community, the only feasible bicycle facility which could incorporated in this roadway would be sharrows. In addition, added costs would be have to be incurred for the reduction of Prairie Avenue. This alternative would require a change to the current 761 FCWPC Meeting-July 9, 2012 Page 4 of9 plans and the currently adopted AGN, as well as generate an increase in the currently projected construction cost estimate being presented herein. The added cost is due to a reduction of the roadway width from 28 feet to 22 feet which is not currently budgeted. 5. Maintain 28th Street from Sheridan to Prairie Avenues at 24 feet in width with the addition of sharrows in lieu of bike lanes. The plans currently indicate roadway widening to 28 feet with bike lanes. Redefine the current 10 foot wide multi-use sidewalk from the south side of 28th Street to maintain pedestrian connectivity with Sheridan Avenue. Establish connectivity to Prairie and North Meridian Road for safety. There will be a credit for four feet of new roadway and the concrete sidewalk from the current budget and an increase for additional swales which should balance out. 6. Narrow 34th Street from Chase Avenue to Pine Tree Drive to 22 feet in width with sharrows. The plans currently indicate a road width of 28 feet with bike lanes. There will be a credit for the asphalt and road widening since the existing roadway width is approximately 23 feet. 7. Fairgreen Drive to remain within its existing width of 16 feet. This can be accomplished by removing the scope of work from the ROW project and resurfacing the street as a separate maintenance project. The plans currently indicate a road widening to 20 feet. There would be a credit for the asphalt and road widening if the roadway remains at the current width. 8. The current plans increase 31st Street from Sheridan Avenue to Pine Tree Drive from an existing width of 15 feet to 20 feet in order to remain continuous with the remaining street width. The HOA is willing to accept this as a compromise, therefore no change in the current plans is expected and no additional cost is anticipated. 9. Eliminate all proposed mid-block stamped asphalt decorative treatments and replace with concrete paver treatments. It is anticipated that the County will not approve mid block pedestrian crossings due to traffic safety concerns. Moreover, the BOOR would need to be modified to eliminate the previously requested "traffic tables" and instead allow the Public Works department to conduct a traffic calming analysis along this corridor to determine if traffic calming is indeed warranted and what type of traffic calming facility would need to be incorporated to mitigate traffic concerns. Under this scenario the City would be in a better position to a) determine the type of traffic calming facility and b) allocate the adequate proper funding source for implementation 10. Eliminate all proposed stamped asphalt decorative crosswalks at intersections and replace with concrete paver treatments. With the exception of 40th Street, current plans call for stamped asphalt. No changes to the current design plans will be made since a different type of treatment outside of the adopted stamped asphalt could result in other neighborhoods generating similar requests throughout the City and funding requests to be evaluated in concert with all neighborhoods. Additional funds would be required for this change which is not currently programmed. 11. Eliminate the proposed Royal Palm species on the south side of 40th Street as they are sporadically spaced and replace with Mahogany species. Add more canopy trees wherever possible as per the recently completed plan submitted by the HOA. (Refer to Exhibit C-3). Current permitted plans include up-lighting and shrubs which could be removed from the scope. Landscape plans will need to be modified to reflect these changes at minimal or no cost. 762 FCWPC Meeting -July 9, 2012 Page 5 of9 Pursuant to the aforementioned requests by the HOA, the City is bringing forth these changes as part of the current project construction work. The engineer of record would need to revise the existing plans and submit applications for revised permits to the applicable governmental agencies. The HOA requested items are not expected to require a significant increase in construction cost, based upon preliminary estimates. A detailed estimate of probable cost will be submitted by the consultant once revised construction documents are completed. ADDITIONAL STORMWATER UPGRADES The Bayshore neighborhood is bounded by the environmentally sensitive Biscayne Bay Aquatic Preserve, which is also an Outstanding Florida Water (OFW) and intracoastal waterway. The area has relatively low-lying and flat topography that experiences high intensity rainfall, significant tidal influence, limited soil storage for infiltration, and very limited swale storage capacity due to a high distribution of impervious area. The Central Bayshore Neighborhood's current stormwater management system consists primarily of outfalls served by swales, inlets, storm drains, and culverts. The existing design is based upon the recommendations of the City's 1997 Stormwater Master Plan and the subsequent Bayshore neighborhood BOOR. The City's stormwater master plan consultant, COM Smith, undertook an extensive stormwater analysis of the Bayshore Neighborhood. The current analysis makes use of modeling from the Draft Stormwater Master Plan, which is more sophisticated than the previous 1997 Stormwater Master Plan. The stormwater master plan determined that Pump Station No. 2 located between Pine Tree Dr. and Flamingo Dr., can be replaced with a system based on gravity wells and upsized outfalls. Pump Station No. 2 could then be relocated in a more needed location to the area of 28th St. and Fairgreen Drive and be used to provide additional stormwater infrastructure within Zone 4 and the North Meridian collection system indicated in Exhibit D-2. After a major storm event that occurred on October 30, 2011, which flooded a substantial area of the Central Bayshore neighborhood, the PWD and CIP were approached by concerned residents. The residents requested for the City to expedite revisions to the design of the stormwater facilities to provide additional relief from potential flooding conditions within the timeline of the current construction contract. (refer to Exhibit D-1 ). The Central Bayshore neighborhood's current stormwater management system consists primarily of outfalls served by swales, inlets, storm drains, and culverts which currently do not meet the 5 year level of service. The Engineer of Record is proposing changes outlined below. For a complete summary of the changes and location plan of the area refer to Exhibits D-1 and D-2: 1. Provide design for a stormwater collection system to serve the southwest portion of the Central Bayshore area with boundaries roughly defined by W. 28th Street to the south, Prairie Avenue to the west, Sheridan Avenue to the east and W. 34th Street to the north. The estimated construction cost for this item is $1,142,134 and is detailed in Exhibit F-1 attached. 2. Provide a design for the replacement of the existing collection system on North Meridian Avenue, between W. 28th Street and Dade Boulevard and tie into the recently constructed 36-inch diameter outfall on Dade Boulevard. The estimated construction cost for this item is $341,400 and is detailed in Exhibit F-1 attached. 763 FCWPC Meeting -July 9, 2012 Page 6 of9 3. In conjunction with the roadway revisions, valley gutters shall also be provided as appropriate to direct flow to the collection system throughout the project area, as the limited capacity of the swales within the right of way does not allow for adequate conveyance and storage. The estimated construction cost for this item is $1,250,665 and is detailed in Exhibit F-2 attached. 4. To reduce costs and allow for the addition of Item 1 above, relocate the pump station and pressure injection wells in the basin currently known as Pump Station No. 2 between Pine Tree and Flamingo Drives in the northeast portion of the Central Bayshore area. The collection and disposal system along Flamingo Drive will be redesigned to incorporate gravity disposal wells and an upgrade to the existing outfall. The estimated construction cost for this item is $197,712 and is detaUed in Exhibit F-3 attached. 5. In associated with construction of stormwater improvements, roadway restoration finishing is estimated to cost $493,395. For the Lake Pancoast Neighborhood, stormwater funding in the amount of $235,800 is being requested for the potential installation of additional valley gutters, swale reclamation and storage. Included in all funding requests are hard costs, contingency, soft costs and CIP Fees. ADDITIONAL WATER AND SEWER FUNDING For the Central Bayshore Neighborhood, water & sewer funding in the amount of $296,037 is needed for construction more appropriately allocating the proper distribution of above ground funding between water, stormwater and above ground efforts. For the Lake Pancoast Neighborhood, water & sewer funding in the amount of $21,480 is needed for construction more appropriately allocating the proper distribution of above ground funding between water, stormwater and above ground efforts. MILLING AND RESURFACING OF ROADWAYS The existing project plans call for a pavement overlay on all the neighborhood streets. Field investigations during construction have identified the existing pavement to be in worse condition than what may have been originally anticipated, as a result of pavement deterioration and distress through the years .. The Engineer of Record (EOR) has stated that the condition of the roadway is not sustainable for the long term. Both the resident project representative (RPR) and the EOR have recommended milling and resurfacing where required to provide a more durable pavement. The original BOOR recommended that all roads within the Central Bayshore neighborhood be resurfaced with a one ( 1) inch overlay of asphalt and that milling of the roadway be limited to areas where there is excessive scarring or where the grade (slope) of the road needs to be modified to support stormwater drainage. Milling is a process that grinds the existing asphalt surface to change the slope of the surface and to assist bonding between the existing and new asphalt courses. Only 20% of the existing road surface was projected to require milling prior to resurfacing to address scarring and grading issues. The estimated construction cost for the milling and resurfacing of the roadways within the Central Bayshore project is $986,789 and is detailed in Exhibit F-4 attached. However, the amount of above ground funding net of the portions funded by stormwater and water and sewer is $197,357. A credit for the deletion of Prairie Avenue in the amount of $93,211 is also included. 764 FCWPC Meeting -July 9, 2012 Page 7 of9 In addition, the estimated construction cost for the milling and resurfacing of the roadways within the Lake Pancoast project is $71 ,500 as also detailed in Exhibit F-4 attached. However, the amount of above ground funding net of the portions funded by stormwater and water and sewer is $14,000. The City desires to include the requested changes as 'part of the current project construction work. The EOR would revise the existing plans and submit applications for revised permits to the applicable governmental agencies. The additional cost required for stormwater and pavement upgrades is being requested as part of the capital budget process pursuant to a budget level estimate of probable cost submitted by the EOR, CH2M Hill. SCOPE OF SERVICES -ENGINEERING If the City Commission desires to move forward with the HOA requested rev1s1ons and additional storm water improvements, it will be necessary for the City to contract additional engineering services to CH2M Hill to provide design services to revise the construction documents, as well as permitting services to update all necessary permits affected by the proposed design changes. In an effort to execute the additional work in a seamless and expeditious manner, it is anticipated that all project design changes will be incorporated into Lanzo's construction contract by change order, using the current unit pricing provided for in the contract. Many of the changes are simply modifications to existing contract items with incorporation into the contract being a straightforward process. However, some of the items will involve new construction not included in the original contract schedule when this project was issued to bid. It merits underlining that the current budgetary figure being presented will need to be fine tuned and negotiated with the contractor at the time the EOR has finalized the design and has prepared a detailed opinion of cost. Pursuant to a recommendation by the Finance Committee, the fee being requested by CH2M Hill to implement the design and develop a detailed opinion of cost for this project will be presented at the July 181h commission meeting and is estimated at $207,841.00, including reimbursable expenses. The funding to exercise this amendment is already included in the current budget for this project; therefore no additional funding is required. ADDITIONAL FUNDING The current budget level construction cost estimate is attached herein in Exhibits F-1 thru F-4. In order to proceed with construction of the items requested, the following additional funding is being requested in the 2013 capital budget: Bayshore A (Central Bayshore) Funding: Additional Above Ground Funding Request: $ 246,006 The additional scope includes hard cost, contingency, soft cost and CIP fees for additional milling and resurfacing. Additional funding request is as follows: Construction Cost Contingency Consulting/Engineering/Field Services CIP Fees Total 765 $197,357 $ 19,846 $ 15,000 $ 13.803 $246,006 FCWPC Meeting -July 9, 2012 Page 8 of9 Additional Water & Sewer Funding Request: $ 346,807 The additional scope includes hard cost, contingency and CIP fees to offset the additional cost for milling and resurfacing (pavement restoration) required by the installation of water mains, appurtenances and fire hydrants. Additional funding request is as follows: Construction Cost Contingency CIP Fees (new scope and adjust to 6.5%) Total $296,037 $ 29,604 $ 21.166 $346,807 Additional Stormwater Funding Request: $3,954,069 The additional scope includes hard cost, contingency and CIP fees for the installation of 24" valley gutters; relocating pump station #4 and replacing with gravity wells; additional Stormwater collection (phase II); and Meridian Ave. Stormwater collection, and the portion of milling and resurfacing (pavement restoration) required for the installation of drainage structures. Additional funding request is as follows: Construction Cost Contingency CIP Fees Total Bayshore C (Lake Pancoast) Funding: $3,425,306 $ 342,531 $ 186.232 $3,954,069 Additional Above Ground Funding Request: $ 14,000 The additional scope includes hard cost (construction) for additional milling and resurfacing (pavement restoration). Additional Water & Sewer Funding Request: $ 28,216 The additional scope includes hard cost, contingency and CIP fees to offset the additional cost for milling and resurfacing (pavement restoration) required by the installation of water mains, appurtenances and fire hydrants. Additional funding request is as follows: Construction Cost Contingency CIP Fees (new scope and adjust to 6.5%) Total $21,480 $ 2,148 $ 4.588 $28,216 Additional Stormwater Funding Request: $347,509 The additional scope includes hard cost, contingency and CIP fees for the installation of 24" valley gutters, and the portion of milling and resurfacing (pavement restoration) required for the installation of drainage structures. Additional funding request is as follows: Construction Cost Contingency CIP Fees (new scope and adjust to 6.5%) Total 766 $235,800 $ 23,580 $ 63.129 $347,509 FCWPC Meeting -July 9, 2012 Page 9 of9 CONCLUSION: The above information is provided to facilitate the discussion of whether or not to proceed with the revision to the plans for the requested improvements which are outside of the current BOOR for the Central Bayshore neighborhood. Attachments: Exhibit A: Chronological History and Process Summary Exhibit B: HOA Original Request Exhibit C-1: HOA Compromise -Summary Exhibit C-2: HOA Compromise -Map Exhibit C-3: HOA Requested Landscaping Exhibit D-1: Additional Stormwater Upgrades -Summary Exhibit D-2: Additional Stormwater Upgrades -Map Exhibit E: LTC 291-2011 dated 11-14-11 Exhibits F-1 thru F-4: Budget Level Cost Estimates KGB/JMG/FB/FV F \CAPI\$aii\COI\J1MISSIOi'J COI\IIil/iiTTEE MEETII\!GS\Finance & Citywide Committee\Bayshore h/lemo_FCWPC_7-9-12.docx 767 RESOLUTION TO BE SUBMITTED 768 COMMISSION ITEM SUMMARY Condensed Title: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ISSUANCE AND SALE OF NOT TO EXCEED $145,000,000 PRINCIPAL AMOUNT OF CITY OF MIAMI BEACH HEALTH FACILITIES AUTHORITY HOSPITAL REVENUE REFUNDING BONDS, SERIES 2012 (MOUNT SINAl MEDICAL CENTER OF FLORIDA), BY THE CITY OF MIAMI BEACH HEALTH FACILITIES AUTHORITY, INCLUDING THE APPROVAL REQUIRED BY SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING THAT SAID BONDS SHALL NOT CONSTITUTE A DEBT, LIABILITY OR OBLIGATION OF THE CITY OR THE STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION THEREOF BUT SHALL BE PAYABLE SOLELY FROM THE REVENUES PROVIDED THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Key Intended Outcome Supported: Improve the City's overall financial health and maintain overall bond rating. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Should the City Commission approve the resolution which allows for the issuance of not to exceed $145,000,00 in City of Miami Beach Health Facilities Authority Hospital Revenue Refunding Bonds, Series 2012 (Mount Sinai Medical Center of Florida)? Item Summary/Recommendation: The proceeds of the Bonds will be loaned to Mount Sinai Medical Center of Florida, Inc. (the "Medical Center''), a not-for-profit corporation organized under the laws of the State of Florida, and will be used, together with other available monies, if any, to: (i) refund all or portions of the then outstanding $98,200,000 original principal amount City of Miami Beach Health Facilities Authority Hospital Revenue Bonds, Series 1998 (Mount Sinai Medical Center of Florida Project), and $88,810,000 original principal amount City of Miami Beach Health Facilities Authority Hospital Revenue Bonds, Series 2001A (Mount Sinai Medical Center of Florida Project) (such bonds or portions thereof to be refunded, the "Refunded Bonds"), (ii) fund a debt service reserve for the Bonds, if any, and (iii) pay certain expenses in connection with the issuance of the Bonds and the refunding of the Refunded Bonds. These Bonds and the interest thereon, shall not be deemed to constitute a debt, liability or obligation of the City of Miami Beach or of the State of Florida or of any political subdivision thereof, but shall be payable solely from the revenues referred to in the Bond Resolution and neither the faith and credit nor any taxing power of the City of Miami Beach is pledged to the payment of principal, a redemption premium or interest on the Bonds. Advisory Board Recommendation: Financial Information: Amount Source of Funds: N/A OBPI Total Clerk's Office Le islative Trackin Department Director T:\AGENDA\2012\July 18\Regular\ HFA Refunding bon MIAMI BEACH Account Approved Principal & Interest payments to be paid by Mount Sinai Medical Center of Florida, Inc. City Manager 769 Manager KGB AGENDA ITEM -~--=7~N­ DATE 7-18-/2..- 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 Kathie G. Brooks, Interim City Manager ;t"/J. f /-· DATE: July 18, 2012 . fj SUBJECT: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ISSUANCE AND SALE OF NOT TO EXCEED $145,000,000 PRINCIPAL AMOUNT OF CITY OF MIAMI BEACH HEALTH FACILITIES AUTHORITY HOSPITAL REVENUE REFUNDING BONDS, SERIES 2012 (MOUNT SINAl MEDICAL CENTER OF FLORIDA), BY THE CITY OF MIAMI BEACH HEALTH FACILITIES AUTHORITY, INCLUDING THE APPROVAL REQUIRED BY SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING THAT SAID BONDS SHALL NOT CONSTITUTE A DEBT, LIABILITY OR OBLIGATION OF THE CITY OR THE STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION THEREOF BUT SHALL BE PAYABLE SOLELY FROM THE REVENUES PROVIDED THEREFOR; AND PROVIDING AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS By approving this Resolution, the City Commission is authorizing the following action: • Issuance and sale of not to exceed $145,000,000 principal amount of City of Miami Beach Health Facilities Authority Hospital Revenue Refunding Bonds, Series 2012 (Mount Sinai Medical Center of Florida), by the City of Miami Beach Health Facilities Authority, including the approval required by Section 147 of the Internal Revenue Code of 1986, as amended. These Bonds and the interest thereon, shall not be deemed to constitute a debt, liability or obligation of the City of Miami Beach or of the State of Florida or of any political subdivision thereof, but shall be payable solely from the revenues referred to in the Bond Resolution and neither the faith and credit nor any taxing power of the City of Miami Beach is pledged to the payment of principal, a redemption premium or interest on the Bonds. 770 Commission Memorandum -July 18, 2012 Health Facilities Authority Bonds Series 2012 Page 2 of 3 The proceeds of the Bonds will be loaned to Mount Sinai Medical Center of Florida, Inc. (the "Medical Center"), a not-for-profit corporation organized under the laws of the State of Florida, and will be used, together with other available monies, if any, to: (i) refund all or portions of the then outstanding $98,200,000 original principal amount City of Miami Beach Health Facilities Authority Hospital Revenue Bonds, Series 1998 (Mount Sinai Medical Center of Florida Project}, and $88,810,000 original principal amount City of Miami Beach Health Facilities Authority Hospital Revenue Bonds, Series 2001A (Mount Sinai Medical Center of Florida Project) (such bonds or portions thereof to be refunded, the "Refunded Bonds"}, (ii) fund a debt service reserve for the Bonds, if any, and (iii) pay certain expenses in connection with the issuance of the Bonds and the refunding of the Refunded Bonds. The Bonds are being issued to refinance certain health care facilities, including land, buildings, fixtures, furnishings, equipment, leasehold interests and other tangible and intangible property, which are owned by the Medical Center and are part of the Medical Center's facilities located at 4300 Alton Road, Miami Beach, Florida. BACKGROUND The City Commission of the City of Miami Beach adopted Ordinance No. 90-2701 on July 25, 1990, creating the City of Miami Beach Health Facilities Authority (the "Authority") to assist health facilities in the acquisition, construction, financing, and refinancing of health facility related projects in the City. The Ordinance, as amended, provides that the Authority can issue bonds and notes for the purpose of providing funds to pay all or any part of the cost of any project or any other lawful purpose and to issue refunding bonds. Further, it provides that the City Commission must approve any bonds issued by the Authority as the final step in the approval process. On May 15, 2012, the Medical Center submitted its application for financing to the Authority pursuant to the requirements of Section 1 of Chapter 3 of the Authority's Administrative Procedures. Included with this application was a nonrefundable check of the Medical Center in the amount of $5,000 payable to the Authority for the initial processing of the application as prescribed in the Authority's Administrative Procedures. Pursuant to this application, the Medical Center requested that the Authority assist the Medical Center in the issuance of one or more series of tax-exempt bonds, to be designated as the City of Miami Beach Health Facilities Authority's Hospital Revenue Refunding Bonds, Series 2012 (Mount Sinai Medical Center of Florida), or such other designations as may be appropriate, in an aggregate principal amount not to exceed $145,000,000 (the "Bonds"). These bonds are expected to consist of one or more series of fixed rate bonds. The proceeds of the Bonds will be used to (1) refund all or a portion of the Authority's outstanding Series 1998 and Series 2001A Bonds that have been issued on behalf of the Medical Center, (2) refund a debt service reserve fund for the Bonds, and (3) finance the cost of issuance of the Bonds. 771 Commission Memorandum -July 18, 2012 Health Facilities Authority Bonds Series 2012 Page 3 of 3 The Bonds will be sold pursuant to a public offering. As in the past the Bonds will be supported by a guarantee of the Mount Sinai Medical Center Foundation, Inc., and will be secured by a mortgage on the hospital facilities of the Medical Center. The Authority held a public hearing on July 12, 2012, as required by Section 147(f) of the Internal Revenue Code of 1986, for the purpose of giving all interested persons an opportunity to express their views in connection with the Authority's proposed issuance of the Series 2012 Bonds. Following which, the Authority adopted a Resolution authorizing the issuance of the Authority's Series 2012 Bonds, the proceeds of which will be used by the Medical Center as mentioned above. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the resolution which authorizes the City of Miami Beach Health Facilities Authority to issue the Bonds as detailed above, including the approval required under Section 147(f) of the Internal Revenue Code of 1986, as amended. T:\Agenda/2012/July 18/Regular/HFA Refunding Bonds-Comm Memo 772 RESOLUTION NO. __ _ RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ISSUANCE AND SALE OF NOT TO EXCEED $145,000,000 PRINCIPAL AMOUNT OF CITY OF MIAMI BEACH HEALTH FACILITIES AUTHORITY HOSPITAL REVENUE REFUNDING BONDS, SERIES 2012 (MOUNT SINAI MEDICAL CENTER OF FLORIDA), BY THE CITY OF MIAMI BEACH HEALTH FACILITIES AUTHORITY, INCLUDING THE APPROVAL REQUIRED BY SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING THAT SAID BONDS SHALL NOT CONSTITUTE A DEBT, LIABILITY OR OBLIGATION OF THE CITY OR THE STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION THEREOF BUT SHALL BE PAY ABLE SOLELY FROM THE REVENUES PROVIDED THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach Health Facilities Authority (the "Authority") was created by Ordinance No. 90-2701 adopted on July 25, 1990 (the "Ordinance") by the Mayor and City Commission of the City of Miami Beach, Florida (collectively, the "Commission") pursuant to the Health Facilities Authorities Law, Chapter 154, Part III, Florida Statutes, as amended (the "Act"); and WHEREAS, the Ordinance was amended by Ordinance No. 91-2738 adopted on April 10, 1991 by the Commission, Ordinance No. 92-2776 adopted on March 4, 1992 by the Commission and Ordinance No. 97-3086 adopted on July 2, 1997 by the Commission and taking effect on January 1, 1998; and WHEREAS, on July 12, 2012, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), a public hearing was held, for which there was reasonable public notice published on June 28, 2012 in The Miami Herald (a copy of which notice is attached hereto as Exhibit I and made a part hereof), for the purpose of giving all interested persons an opportunity to express their views in connection with the Authority's proposed issuance of its not to exceed $145,000,000 principal amount of City of Miami Beach MIAMI/4279061.2 773 Health Facilities Authority Hospital Revenue Refunding Bonds, Series 2012 (Mount Sinai Medical Center of Florida) (the "Bonds"); and WHEREAS, on July 12, 2012, the Authority adopted a resolution, a copy of which is attached hereto as Exhibit II and made a part hereof (the "Bond Resolution"), authorizing, under the provisions of the Act and the Florida Industrial Development Financing Act, Chapter 159, Part II, Florida Statutes, as amended, the issuance of the Bonds, the proceeds of which will be loaned to Mount Sinai Medical Center of Florida, Inc., a not-for-profit corporation organized under the laws of the State of Florida (the "Medical Center"), and used, together with any other available moneys, if any, to (a) refund all or portions of the currently outstanding City of Miami Beach Health Facilities Authority Hospital Revenue Bonds, Series 1998 (Mount Sinai Medical Center of Florida Project), and City of Miami Beach Health Facilities Authority Hospital Revenue Bonds, Series 2001A (Mount Sinai Medical Center of Florida Project) (such bonds or portions thereof to be refunded, the "Refunded Bonds"), previously issued for the benefit of the Medical Center, (b) fund a deposit to a debt service reserve, if any, and (c) pay expenses in connection with the issuance of the Bonds and the refunding and defeasance of the Refunded Bonds; and WHEREAS, the Ordinance, as amended, requires the approval by the Commission of sales of bond issues ofthe Authority and Section 147(f) of the Code requires the approval by the Commission of the issuance of the Bonds; and WHEREAS, this Commission desires to approve the Bond Resolution and the issuance and sale of the Bonds pursuant thereto. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: 2 MIAMU4279061.2 774 Section 1. The Bond Resolution adopted by the Authority on July 12, 2012 and the issuance and sale of the Bonds pursuant thereto are hereby in all respects approved, including approval of the issuance of the Bonds in a principal amount not to exceed $145,000,000 in accordance with Section 147(f) of the Code. Section 2. The Bonds and interest thereon shall not be deemed to constitute a debt, liability or obligation of the City of Miami Beach, Florida or of the State of Florida or of any political subdivision thereof, but shall be payable solely from the revenues referred to in the Bond Resolution, and neither the faith and credit nor any taxing power of the City of Miami Beach, Florida or of the State of Florida or of any political subdivision thereof is pledged to the payment of the principal of, redemption premium, if any, or interest on the Bonds. Section 3. This resolution shall take effect immediately upon its adoption. ADOPTED this __ day of ____ , 2012. (SEAL) Mayor Attest: City Clerk 3 MIAMI/4279061.2 775 EXHIBIT I NOTICE OF PUBLIC HEARING MIAMI/4279061.2 776 ._... ---'"TJ"--J':"'·")- I ~ .. ···: -,/ ·' · CITY OF MIAM! BEACH HEALTH FACILITIES AUTHORITY . PUBLIC HEARING. NOTICE OF PUBLIC HEARING REGARDING THE PROPOSED I~UANC~ BY THE. CITY OF MlA~I BEACH HEALTH FACILITIES AUTHORITY OF UP JO $145,000,000 HOSPITAL REVENI.IE REFIJNDIN~ BONDS {MOUNT SINAI ME~QAL CENTER OF FLORfDAJ Notice is hereby given 'that a·· public hearing will be held by . or on behalf of the: City of Miami Beach Heaith Facilities A~hority . . (the ~Authorltyj on ';July 12, .2012, comm~nclng at .10:00 a.m .•. · ·.or shortly thereafter, in the Mayor's Conference· Room; City Hall, City of tyliami Beach, Florida, 1700 Convention ·center Drive, 4th Floor, Miami Beac;:h, Florida. 33139, for .the purpose· of proyldlng a reasonable opportunity for hiterested j)ersons to express their views, both orally and in writing (which must be received by the Authority · before ttie hearing date in an appropriateiy marked. envelope), on the. proposed issuance by the Authority of its·City of Miami· Beach Health Facilities Authority Hospital Revenue Refunding Bonds (Mount Sinai Mecflcal Center ·of Florida), in an aggregate principal amount not to exce~$145.,000,000 (the "Bonds"). The. piuceeds of ·the Bonrls will be loaned to Moo.nt 'Sinal Medical Center of Flonda, Inc. •(the · "MBdical Center"), a not-fo[-profit ·corporation organized under the laws .of the State of' . Florida, arid will be used, together wtth other available monies, if any, to: {i) refund all. or. portions of the· then ,outstanding $98,200,000 origlrial principal amount -City. of Miami Beach Health Facilities Authority Hospital Revenue.BOndS, ~ries 1~98 (Mount Sinal Medi~l Genter of Florida Project), and ~,81 p,ooo original principal amoo~t · '1 City of Miami. Beach Health FaciliJieS Authority Hospital Reveoue :· · Bonds, Series :2oo1A (Mount .Sinai MediCal Center-of Florida Project) (sll()h bOnds or portion~ thereof to .·be .. r-efunded, the "Refun<fec;! • Bonds"), OQ. fund a debt SeryiGe· res.erve''·fqf' the Bbnds, If any, and QiO pay certSin expeniles in eonriection with. ttr~ issuance of the Bonds and uie refunding otttie.'Refunded Bonds. · o o M ~.· ~ • . . The Bonds are bei~fl ·issued to refinance certain heatth care facilitieS, including llind, buildings, ftictures, f.ur~hings, equipment, leasehold interests and other tangible and Intangible property, which are owned by the Medical Center and are part of. the Medical Center's . facilities located_at4300 Alton Road, Miami Beach, Florida. The Bonds and the ~interest thereon shali not constitute a debt, liability qr. obligation of th.e City of Miami' Beach, Florida, or of the State of Florida or of any political sutlqiVrsion thereof, but shall be payable solely from the souri:es pledged therefor, Including loah payments payable under'a loan agreement' to be entered into by and between the Authority and the Medical Center . ... . ·Pursuant to sectipn 286.0100, Fla. Stat.,-the Authority hereby · advises the pub)ic· that: if a person dooides to appeal any decision made by the Authority with respect to any matter considered at i:ts meeting or its hearing, such person must ensure that a verbatim record of the. pr;oceed(ngs 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 Authority for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges ?r appeals not otherwise allowed by law. In accordance wrth the Americans wit~ Disabilities. Act of 1990, persons . needing special accornrilodation to participate in ~his proceeding, or .to requ,l?$! information bn. acceils for persons with disabilities, or to .request this publication in accesSible format, or to request sign language interpreters, shouid contact the City of Miami Beach •CitY Clerk's offiCe at (305) 673-7411, ·no later than four (4) days prior to the proceeqiriQ. If hearihg impaired, contact the ~~ Crty Clerk's office via the Florida l'!elay Service numbers, (800) 955-8771 {TTY) or {800) 955-8770 (VOICE). . This notice is published pursuant to the requirements of Section . 147(1) of the lnternal'Revenue Code of 1~86, as ameoded. . ·June 28>2012 CITY OF MIAMI BEACH HEALTH FACILITIES AUTHORITY , : _2NE f .THURSDAY, JUNE ZB, 2012. NE ---...:.._ ... -...; 777 I EXHIBIT II BOND RESOLUTION MIAMI/4279061.2 778 MIAMI/4279053.3 RESOLUTION A RESOLUTION (i) authorizing the issuance of City of Miami Beach Health Facilities Authority Hospital Revenue Refunding Bonds, Series 2012 (Mount Sinai Medical Center of Florida) (the "Bonds") of the City of Miami Beach Health Facilities Authority (the "Authority") in an aggregate principal amount not to exceed $145,000,000, for the purpose of providing funds to be used, together with other available moneys, if any, to: (a) refund all or portions of the currently outstanding City of Miami Beach Health Facilities Authority Hospital Revenue Bonds, Series 1998 (Mount Sinai Medical Center of Florida Project), and City of Miami Beach Health Facilities Authority Hospital Revenue Bonds, Series 2001A (Mount Sinai Medical Center of Florida Project), previously issued for the benefit of Mount Sinai Medical Center of Florida, Inc., (b) fund a deposit to a debt service reserve, if any, and (c) pay expenses in connection with the issuance of the Bonds and the refunding of the Refunded Bonds, to be issued under the provisions of a Trust Indenture and a Loan Agreement, and to be further secured by an Amended and Restated Master Trust Indenture, a Supplemental Master Trust Indenture for Obligation No. 9, an Obligation No. 9, a Fee and Leasehold Mortgage, Assignment and Security Agreement and an Amended and Restated Guaranty and Security Agreement; (ii) providing that the Bonds shall not constitute a debt, liability or obligation of the City of Miami Beach, Florida or of the State of Florida or of any political subdivision thereof but shall be payable solely from the sources provided therefor under the Trust Indenture; (iii) delegating to the Chairman, or in his absence, the Vice Chairman, the fixing of the terms of the Bonds and other details within the parameters set forth herein; (iv) authorizing the execution and delivery by the Authority of the Trust Indenture and the Loan Agreement; (v) approving the forms of Supplemental Master Trust Indenture for Obligation No. 9, Obligation No. 9 and Amended and Restated Guaranty and Security Agreement; (vi) providing for the redemption of the Refunded Bonds and authorizing, as necessary, the execution and delivery by the Authority of an Escrow Deposit Agreement and the purchase of Escrow Securities; (vii) authorizing the negotiated sale of the Bonds; (viii) authorizing the execution and delivery by the Authority of a Purchase Contract; (ix) appointing a Bond Trustee and Bond Registrar under the Trust Indenture; (x) approving the use of a Preliminary Official Statement and an Official Statement; (xi) authorizing the execution and delivery of additional documents required; (xii) recommending approval of the Bonds by the Mayor and City Commission of the City of Miami Beach, Florida; and (xiii) providing for other related matters. 779 WHEREAS, the City of Miami Beach Health Facilities Authority (the "Authority") has been created pursuant to the Health Facilities Authorities Law, being Chapter 74-323, Laws of Florida, and Part III of Chapter 154 of the Florida Statutes, as amended (the "Health Act"), and has been determined to be needed by the Mayor and City Commission (collectively, the "Commission") of the City of Miami Beach, Florida (the "City") under Section 4 of the Health Act; and WHEREAS, the Authority is also a "local agency" as defined in Section 3 of the Florida Industrial Development Financing Act, being Chapter 69-104, Laws of Florida, and Part II of Chapter 159 of the Florida Statutes, as amended (the "Industrial Act" and, together with the Health Act the "Act")· and ' ' WHEREAS, the Authority is authorized pursuant to the Act to issue its refunding bonds and to loan the proceeds thereof to "health facilities" (as defined in the Health Act) located in the City to refund revenue bonds issued by the Authority for the benefit of health facilities; and WHEREAS, as a result of the current low interest rate environment, Mount Sinai Medical Center of Florida, Inc., a Florida not-for-profit corporation (the "Medical Center") is requesting the Authority to assist the Medical Center in providing funds to be used, together with other available moneys, if any, to (i) refund all or portions of the currently outstanding City of Miami Beach Health Facilities Authority Hospital Revenue Bonds, Series 1998 (Mount Sinai Medical Center of Florida Project) (the "Series 1998 Bonds"), and City of Miami Beach Health Facilities Authority Hospital Revenue Bonds, Series 2001A (Mount Sinai Medical Center of Florida Project) (the "Series 2001A Bonds;" the Series 1998 Bonds and Series 2001A Bonds or portions thereof to be refunded hereinafter referred to as the "Refunded Bonds"), previously issued for the benefit of the Medical Center, (ii) fund a deposit to a debt service reserve, if any, and (iii) pay 2 MIAMI/4279053.3 780 expenses in connection with the issuance of the Bonds (hereinafter defined) and the refunding of the Refunded Bonds, through the issuance by the Authority of not to exceed $145,000,000 principal amount of City of Miami Beach Health Facilities Authority Hospital Revenue Refunding Bonds, Series 2012 (Mount Sinai Medical Center of Florida) (the "Bonds"); and WHEREAS, the Bonds will be issued under the provisions of a Trust Indenture (the "Trust Indenture") to be entered into between the Authority and U.S. Bank National Association, a national banking association, as trustee (the "Bond Trustee"), and the proceeds thereof will be loaned to the Medical Center and their repayment secured by a Loan Agreement (the "Loan Agreement") to be entered into between the Authority and the Medical Center; and WHEREAS, the Medical Center has previously entered into an Amended and Restated Master Trust Indenture (the "Master Indenture") with U.S. Bank National Association, a national banking association, successor master trustee (the "Master Trustee"), under which the Medical Center and certain other affiliated entities which may be included therein in the future are jointly and severally liable for the payment of obligations outstanding thereunder; and WHEREAS, in connection with the issuance of the Bonds by the Authority and the loan of the proceeds thereof to the Medical Center, the Medical Center will enter into a Supplemental Master Trust Indenture for Obligation No. 9 ("Supplemental Indenture No. 1 0") with the Master Trustee, supplementing and amending the Master Indenture, pursuant to which Obligation No. 9 ("Obligation No. 9") will be issued securing the obligation of the Medical Center to make payments under the Loan Agreement in respect of the Bonds; and WHEREAS, Mount Sinai Medical Center Foundation, Inc., a Florida not-for-profit corporation (the "Foundation"), will guarantee to the Bond Trustee the payment of the principal of, redemption premium, if any, and interest on the Bonds, all as more specifically set forth in an 3 MIAMI/4279053.3 781 Amended and Restated Guaranty and Security Agreement (the "Restated Guaranty Agreement") to be entered into between the Foundation and the Bond Trustee; and WHEREAS, as security for Obligation No. 9 and any other obligations outstanding under the Master Indenture from time to time, but subject to release in accordance with its terms, the Medical Center has previously delivered to the Master Trustee, a Fee and Leasehold Mortgage, Assignment and Security Agreement, as previously amended, which will be modified in connection with the issuance of Obligation No. 9; and WHEREAS, on this date, a public hearing was held in accordance with Section 147(f) of the Internal Revenue Code of 1986, as amended, for which there was reasonable public notice published on June 28, 2012 in The Miami Herald, for the purpose of giving all interested persons an opportunity to express their views on the proposed issuance of the Bonds; and WHEREAS, the Medical Center has advised the Authority that the Bonds will have an Investment Grade Rating from Fitch and Moody's (as those terms are defined in the Authority's Administrative Procedures); and WHEREAS, the Authority desires to authorize the issuance of the Bonds for the above described purposes and to recommend for approval to the Commission the issuance of the Bonds; and WHEREAS, the Authority further desires to authorize the sale of the Bonds through a negotiated sale to Raymond James & Associates, Inc., as underwriter (the "Underwriter"), since the Medical Center had requested such negotiated sale to the Underwriter and for the reasons hereinafter set forth. NOW THEREFORE, Be It Resolved by the City of Miami Beach Health Facilities Authority as follows: 4 MIAMI/4279053.3 782 Section 1. Findings. The Authority hereby finds and determines that: (1) The Medical Center is a "health facility" within the meaning of Section 154.205(8) of the Health Act and a "health care facility" within the meaning of section 159.27(16) of the Industrial Act. (2) Pursuant to Sections 154.209(1 0) and 154.235 of the Health Act and Sections 159.28(7) and 159.41 ofthe Industrial Act, the Authority is authorized and empowered to issue the Bonds for the purposes described herein. (3) The issuance of the Bonds by the Authority for the purposes described herein will serve a valid public purpose by advancing the commerce, welfare and prosperity of the City and its people. (4) The Authority and the City are each a "local agency" as defined in Section 159.27(4) ofthe Industrial Act. (5) Review and comment from the Health Council of South Florida, Inc. (the "Health Council") as to the issuance of the Bonds was requested and the Health Council has advised that it has no material concerns. (6) Pursuant to Section 218.385 of the Florida Statutes, as amended, the sale of the Bonds to the Underwriter on the basis of a negotiated sale rather than a public sale by competitive bid is in the best interest of the Authority and the Medical Center, and the Authority hereby further finds and determines that the following reasons necessitate such sale of the Bonds to the Underwriter through a negotiated sale: (a) Bonds issued by public bodies for the benefit of not-for-profit hospitals such as the Medical Center ("health care bonds") generally involve specialized situations and transactions which need detailed analysis, structuring and explanation throughout the 5 MIAMJ/4279053.3 783 course of the issue by sophisticated financial advisors, investment bankers and similar parties, such as the Underwriter, experienced in the structuring of issues of health care bonds ("health care investment bankers"), much of which would not generally be available on a timely basis in the case of health care bonds issued pursuant to a public competitive sale. (b) Health care bond issues generally involve a rather detailed and often complicated explanation to potential investors of the structure of the issue, the nature of the underlying obligor and the impact upon each of the foregoing of Federal and state health care regulations, including Medicare and Medicaid practices and procedures, and the assistance of a health care investment banker in preparing necessary offering documents and related information is extremely desirable in ensuring full and accurate disclosure of all relevant information. (c) For the reasons described in (a) and (b) above and other related reasons, most of the health care bonds heretofore issued throughout the United States have involved participation throughout the structuring and offering process of health care investment bankers who have purchased or arranged for the purchase of the health care bonds through a negotiated sale rather than through a public sale by competitive bid; accordingly, the market may well be more receptive to an issue of health care bonds sold on a negotiated basis than to one sold by competitive public sale. (d) Finally, the market for health care bonds such as the Bonds is volatile, making the presence of the Underwriter, who has participated and will participate in the structuring of the Bond issue, desirable in attempting to obtain the most attractive financing for the Authority and the Medical Center. 6 MIAMI/4279053.3 784 Section 2. Authorization of the Bonds. There is hereby authorized the issuance, under and pursuant to the Trust Indenture, of the Bonds, to be designated as "City of Miami Beach Health Facilities Authority Hospital Revenue Refunding Bonds, Series 2012 (Mount Sinai Medical Center of Florida)", in an aggregate principal amount not exceeding $145,000,000, and the loan of the proceeds thereof to the Medical Center to (i) refund the Refunded Bonds, (ii) fund a deposit to a debt service reserve, if any, as shall be determined by the Medical Center, and (iii) pay expenses in connection with the issuance of the Bonds and the refunding of the Refunded Bonds. The principal of, premium, if any, and interest on the Bonds shall not be deemed to constitute a debt, liability or obligation of the City or of the State of Florida or of any political subdivision thereof, but shall be payable solely from the sources pledged therefor under the Trust Indenture and neither the faith and credit nor any taxing power of the City or of the State of Florida or of any political subdivision thereof is pledged to the payment of the principal of, premium, if any, or interest on the Bonds. Section 3. Terms of the Bonds. The Bonds shall be payable as to principal and interest in lawful money of the United States of America in accordance with the provisions of the Trust Indenture, and shall be issued only as fully registered bonds without coupons in denominations of $5,000 and integral multiples thereof. The Bonds shall be initially issued in book-entry-only form through The Depository Trust Company, New York, New York ("DTC") and shall be registered in the name of Cede & Co. The Chairman of the Authority or, in his absence, the Vice Chairman of the Authority is hereby authorized on behalf of the Authority to approve, subject to the limitations contained herein, the final terms of the Bonds, which approval will be evidenced 7 MIAMI/4279053.3 785 by the execution of the Purchase Contract (hereinafter defined) on behalf of the Authority as provided herein. The aggregate principal amount of the Bonds shall not exceed $145,000,000; the interest rates on the Bonds shall result in net present value debt service savings on the Refunded Bonds of not less than 3% and shall not exceed the maximum rate permitted by law; the term of the Bonds shall not exceed 35 years; and the Bonds may be issued as serial and/or term bonds and may be subject to optional and mandatory redemptions and purchase as shall be provided in the Trust Indenture. The Bonds shall be initially dated such date as shall be approved by the Chairman, or in his absence, the Vice Chairman, and shall be executed on behalf of the Authority with the official manual or facsimile signature of its Chairman or, in his absence, its Vice Chairman and attested with the official manual or facsimile signature of a Designated Member (hereinafter defined). Section 4. Designation of Attesting Members. The members of the Authority, other than the Chairman or Vice Chairman to the extent the Chairman or Vice Chairman execute the documents described herein, (individually a "Designated Member"), are each hereby designated and authorized on behalf of the Authority to attest to the seal of the Authority and to the signature of the Chairman or Vice Chairman of the Authority as they appear on the Bonds, the Trust Indenture, the Loan Agreement, the Escrow Deposit Agreement (hereinafter defined), if any, and any other documents which may be necessary or helpful in connection with the issuance and delivery of the Bonds, the application of the proceeds thereof and the refunding of the Refunded Bonds. Section 5. Authorization of Execution and Delivery of Trust Indenture. The Authority does hereby authorize and approve the execution by the Chairman or Vice Chairman and a 8 MIAMI/4279053.3 786 Designated Member of the Authority and the delivery of the Trust Indenture. The Trust Indenture shall be in substantially the form thereof attached hereto and marked Exhibit A and hereby approved, with such changes therein as shall be approved by the Chairman or Vice Chairman executing the same, with such execution to constitute conclusive evidence of such officer's approval and the Authority's approval of any changes therein from the form of Trust Indenture attached hereto. Section 6. Authorization of Execution and Delivery of Loan Agreement. The Authority does hereby authorize and approve the execution by the Chairman or Vice Chairman and a Designated Member of the Authority and the delivery of the Loan Agreement. The Loan Agreement shall be in substantially the form thereof attached hereto and marked Exhibit B and hereby approved, with such changes therein as shall be approved by the Chairman or Vice Chairman executing the same, with such execution to constitute conclusive evidence of such officer's approval and the Authority's approval of any changes therein from the form of Loan Agreement attached hereto. Section 7. Approval of Other Documents. The Authority does hereby approve the forms of Supplemental Indenture No. 10, Obligation No. 9 and Restated Guaranty Agreement and consents to the amendments contained in the Restated Guaranty Agreement in order to extend the guarantee thereunder to the payment of amounts due under the Loan Agreement. Supplemental Indenture No. 10, Obligation No.9 and the Restated Guaranty Agreement shall be in substantially the forms attached hereto and marked Exhibits C, D and E, respectively, and hereby approved, with such changes therein as shall be approved by the Chairman or Vice Chairman, with the execution of the Trust Indenture by such officer to constitute conclusive evidence of such officer's approval and the Authority's approval of any changes therein. 9 MIAMU4279053.3 787 Section 8. Refunding and Redemption of Refunded Bonds. The Medical Center shall determine the Series 1998 Bonds and/or Series 2001A Bonds which shall constitute the Refunded Bonds, which Refunded Bonds shall be called for optional redemption prior to maturity, and the date(s) of redemption of the Refunded Bonds, all as shall be provided in the Trust Indenture and, if applicable, the Escrow Deposit Agreement (hereinafter defined). In the event that all or any of the Refunded Bonds are not redeemed on the date of initial delivery of the Bonds, the Authority does hereby authorize and approve the execution by the Chairman or Vice Chairman and a Designated Member of the Authority and the delivery of an Escrow Deposit Agreement with respect to such Refunded Bonds (the "Escrow Deposit Agreement") to be entered into among the Authority, the Medical Center and the trustee for the Refunded Bonds (the "Refunded Bonds Trustee"), in the form customarily used by the Authority. In such event, there is also hereby authorized the purchase of Escrow Securities (as shall be defined in the Escrow Deposit Agreement) as shall be provided in the Escrow Deposit Agreement and the Chairman or Vice Chairman and the Refunded Bonds Trustee are hereby authorized to execute and/or file any necessary direction letters and subscription forms for the purchase of such Escrow Securities. Section 9. Application of Bond Proceeds. The proceeds of the Bonds shall be applied, together with certain other available moneys, if any, as provided in the Trust Indenture, the Loan Agreement and, if applicable, the Escrow Deposit Agreement. Section 10. Authorization of Negotiated Sale. Pursuant to the findings in Section 1 hereof, the Authority does hereby authorize and approve the sale of the Bonds to the Underwriter through a negotiated sale rather than a public sale by competitive bid. 10 MIAMI/4279053.3 788 Section 11. Authorization of Execution and Delivery of Purchase Contract. The sale of the Bonds in an aggregate principal amount not to exceed $145,000,000 to the Underwriter, at an aggregate purchase price reflecting an underwriter's discount not to exceed 1.10% of the aggregate principal amount ofthe Bonds, in accordance with a Purchase Contract (the "Purchase Contract") to be entered into among the Authority, the Medical Center and the Underwriter, is hereby in all respects authorized and approved and there shall be executed on behalf of the Authority in furtherance thereof the Purchase Contract. The Authority does hereby authorize and approve the execution and delivery of the Purchase Contract on behalf of the Authority by its Chairman or Vice Chairman and such Purchase Contract shall be in substantially the form thereof attached hereto and marked Exhibit F, and hereby approved, with such changes as shall be necessary and appropriate to reflect the final terms of the sale of the Bonds by the Authority and such further changes therein as shall be approved by the Chairman or Vice Chairman executing the same, with such execution to constitute conclusive evidence of the award of the Bonds to the Underwriter and of such officer's approval and the Authority's approval of any changes therein from the form of Purchase Contract attached hereto; provided that the Purchase Contract shall comply with the provisions of this resolution and that the final terms of the Bonds contained in the Purchase Contract shall be within the parameters established in this resolution. Prior to the execution of the Purchase Contract by the Authority, the Authority must be presented with a disclosure statement prepared by the Underwriter in compliance with Section 218.385, Florida Statutes, which disclosure statement shall be filed in the records of the Authority. Section 12. Appointment of Bond Trustee and Bond Registrar. U.S. Bank National Association, a national banking association, is hereby appointed the Bond Trustee and bond registrar (the "Bond Registrar") under the Trust Indenture. 11 MIAMJ/4279053.3 789 Section 13. Approval of Preliminary Official Statement. The Authority hereby approves the use and distribution of the Preliminary Official Statement relating to the Bonds (the "Preliminary Official Statement") by the Underwriter in connection with the offer and sale of the Bonds, in substantially the form attached hereto and marked Exhibit G, with such changes as shall be necessary and appropriate to reflect the expected terms of the Bonds and to ensure accurate disclosure of all relevant information; provided, however, that except as specifically set forth in the Preliminary Official Statement, the Authority makes no representations with respect to the information contained in the Preliminary Official Statement. Section 14. Approval of Official Statement. The Authority hereby approves the use and distribution of the Official Statement relating to the Bonds (the "Official Statement") by the Underwriter in connection with the offer and sale of the Bonds in substantially the form of the Preliminary Official Statement attached hereto and marked Exhibit G, with such changes as shall be necessary and appropriate to reflect the final terms of the Bonds and to ensure accurate disclosure of all relevant information; provided, however, that except as specifically set forth in the Official Statement, the Authority makes no representations with respect to the information contained in the Official Statement. Section 15. Delivery ofthe Bonds. Upon the execution ofthe Bonds in accordance with the provisions of the Trust Indenture, the Chairman or the Vice Chairman shall deposit the same with the Bond Registrar for authentication and delivery upon the order of the purchasers thereof. The Bond Registrar is hereby requested to authenticate and deliver the Bonds in accordance with the Trust Indenture. Section 16. Authorization of Execution and Delivery of Certain Additional Documents. The Authority does hereby authorize the subsequent execution and delivery of such additional 12 MIAMI/4279053.3 790 documents as may be required in connection with the issuance and sale of the Bonds, the application of the proceeds thereof and the refunding of the Refunded Bonds, in such form or forms and with such party or parties as shall be approved by the Chairman or Vice Chairman, including, without limitation, a Tax Certificate and Agreement to be entered into among the Authority, the Medical Center and the Bond Trustee and, if necessary, a letter of representations from the Authority to DTC. Section 17. Authorization and Ratification of Acts. The members, officers, agents and employees of the Authority are hereby authorized and directed to do all such acts and things and to execute all such documents, including, without limitation, the execution and delivery of any closing documents, as may be necessary to carry out and comply with the provisions of this resolution, the documents attached hereto as Exhibits A through G, respectively, and any documents executed and delivered pursuant to Section 16 hereof, and all of the acts and doings of such members, officers, agents and employees of the Authority which are in conformity with the intent and purposes of this resolution, whether heretofore or hereafter taken or done, shall be and are hereby ratified, confirmed and approved. Section 18. Recommendation to the City of Miami Beach, Florida. A public hearing having been conducted on this date pursuant to the provisions of Section 147(f) of the Internal Revenue Code of 1986, as amended, for the purpose of giving all interested persons an opportunity to express their views on the proposed issuance of the Bonds, for which hearing reasonable public notice was given, the Authority hereby recommends that the Commission approve the issuance of the Bonds. Section 19. Severability. If any section, paragraph, clause or provision of this resolution shall be held to be invalid or ineffective for any reason, the remainder of this resolution shall 13 MIAMI/4279053.3 791 continue in full force and effect, it being expressly hereby found and declared that the remainder of this resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. Section 20. Effective Date. This resolution shall take effect immediately upon its adoption, and any provisions of any previous resolutions in conflict with the provisions herein are hereby superseded. Adopted this 12th day of July, 2012. (SEAL) Chairman 14 MIAMI/4279053.3 792 STATEOFFLORIDA ) ) SS: COUNTY OF MIAMI-DADE) We, the undersigned, do hereby certify that we are duly qualified and acting Members of the City of Miami Beach Health Facilities Authority (the "Authority"). We further certify that we were present at the meeting of the Authority held on July 12, 2012 and according to the official records of the Authority in our possession the above and foregoing constitutes a true and correct copy of a resolution adopted at said meeting of the Authority. We further certify that at such meeting said resolution, pursuant to motion made by ------------and seconded by ___________ , was adopted by the following vote: Aye: Nay: We further certify that provision has been made for the preservation and indexing of said resolution, which is open for inspection by the public at all reasonable times at the office of the Chief Financial Officer of the City of Miami Beach, Florida, in the City of Miami Beach, Florida. 15 MIAMI/4279053.3 793 IN WITNESS WHEREOF, we have hereunto set our hands and affixed the official seal of the Authority this 12th day of July, 2012. Chairman Vice Chairman Member Member Member [SEAL] SUBSCRIBED AND SWORN to before me, a Notary Public in the State and County aforesaid, this 1ih day of July, 2012. Notary Public My Commission expires: ____ _ [Notarial Seal] 16 MIAMI/4279053.3 794 EXHIBITS A THROUGH G ON FILE WITH THE AUTHORITY MIAMI/4279053.3 795 THIS PAGE INTENTIONALLY LEFT BLANK 796 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 To Reject All Proposals Pursuant To Request For Proposals No. 23-11/12 To Provide Security Guard Services (The RFP) And, In The Alternative, 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 August 1, 2012, To April 30, 2013; And Further Authorizing The Issuance Of A New Request For Proposals For Security Guard Services. Key Intended Outcome Supported: Maintain crime rates at or below national trends Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Strategic Plan, 90% of the residents responded that they feel very safe or somewhat safe in their neighborhoods during the night. Issue: Whether the City Commission should reject the RFP and exercise the existing renewal term under the current contract? Item Summary/Recommendation: RFP No. 23-11/12 was issued on January 30, 2012, with a bid opening date of March 2, 2012; ten (10) proposals were received. A motion (which was unanimous) was made by the Evaluation Committee to recommend that the Administration enter into negotiations with the Committee's top-ranked proposer, Security Alliance; and should the negotiations be unsuccessful, that it negotiate with the second ranked proposer, Allied Barton. After considering the review and recommendation of the Committee, as well as reviewing the Administration's analysis with regard to the City's options (i.e., accept a proposal vs. negotiation of a third renewal term under the current agreement and reject all proposals), the City Manager has exercised her due diligence and recommends that it would be in the City's best interest to authorize the Administration to exercise the third (and last) one year renewal term under the current agreement (which is with Security Alliance); limit the adjustment of the bill rate to a straight dollar to dollar (plus FICA/MICA) for the proposed living wage adjustment; and reissue a new RFP. Reject all proposals and exercise third renewal option under current contract and authorize reissuance of RFP Advisory Board Recommendation: The Finance and Citywide Projects Committee, at its January 27, 2011 meeting, retroactively approved the first-year renewal of Security Alliance's contract, from May 1, 2010 to April 30, 2011, and prospectively approved the second-year renewal of Security Alliance's contract, from May 1, 2011 to April 30, 2012. The Committee further authorized the issuance of the Request for Proposals (RFP) for security guard services. Financial Information: Source of Amount Account Funds: 1 $391 ,901.87 Parking Garages 480-0463-000349 $42,188.31 Parking-7th Street Garage 142-6976-000349 $57,307.35 Parking-Anchor Garage 463-1990-000349 $8,927.00 Parking-Pennsylvania Ave. 467-1996-000349 2 $175,09220 Police-City Hall, Boardwalk, Flamingo Park, North Shore Youth Center, Normandy Shore Pool, North Shore Open Space, North Beach Rec. Corridor 011.1120.000349 $91,944.66 RDA-South Pointe 011.1122.000349 $160,348.63 RDA-City Center 168.11.24.000349 $ 2,680.83 Contribution Security Guard-Sanitation 178.6885.000343 OBPI" Total $930,390.85 TOTAL FY 2011/2012 (July-September.2012) City Clerk's Office Legislative Tracking: Raul Aguila S1 n-Offs: Department Director Assistant Ci RA SF RM JGG MIAMJBEACH PDW 797 KGB AGENDA ITEM ___..R ...... J..a...;O:..-_ DATE J-1 g_../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, Kathie G. Brooks, C~y Manager ~A~/-. DATE: July 18, 2012 // SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGE.R 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, 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 AUGUST 1, 2012, TO APRIL 30, 2013; AND FURTHER AUTHORIZING THE ISSUANCE OF A NEW REQUEST FOR PROPOSALS (RFP) FOR SECURITY GUARD SERVICES. ADMINISTRATIVE RECOMMENDATION Adopt the Resolution. FUNDING $930,390.85 Budgeted by Parking and Police Department for the remaining Fiscal Year 2011/2012. KEY INTENDED OUTCOMES (KIO's) SUPPORTED Maintain crime rates at or below national trends BACKGROUND Contract No. 34-05/06, to provide Unarmed Security Guard Services, was awarded to Security Alliance LLC (Security Alliance) on April 2, 2007, with an initial term of three (3) years, and three (3) one-year renewal options (the Current Agreement). The initial term of the Current Agreement commenced on May 1, 2007, and expired on April 30, 2010. The Current Agreement was renewed for two additional one-year terms, which expired on April 30, 2012. At the City's sole option and discretion, the Current A_greement may be renewed for one (1) additional one-year term, through April 30, 2013. At its March 9, 2011 meeting, and concurrent with its discussion to exercise the first and second renewal options under the Current Agreement, the Mayor and City Commission also approved the Finance and Citywide Projects Committee's recommendation to issue a new Request for Proposals (RFP) for the aforestated security guard services, at least six (6) months prior to the expiration of the Current Agreement. At its September 26, 2011 meeting, the Finance and Citywide Projects Committee discussed .an investigation that involved Security Alliance and "Rooms To Go" employees. After being briefed by the City Attorney's Office, the Committee's 798 Commission Memo RFP #23-11112 Security Guard Services July 18, 2012 Page 2of9 recommendation was to issue a new RFP immediately. Subsequently, the item to approve the issuance of an RFP for security guard services was presented to the City Commission at its October 19, 2011 meeting, at which time it was again referred to the Finance and Citywide Projects Committee. At its December 6, 2011 meeting, the Committee recommended that the Administration proceed to issue the new RFP, but that the results of the new RFP process be compared with the Current Agreement, and to determine whether it was in the City's best interest to award a new contract or exercise the last renewal term from under the Current Agreement. In a letter dated May 3, 2012, Security Alliance agreed to continue to perform under its current contract with the City, on a month to month basis pursuant to Section G of their Current Agreement, entitled "Term of Contract" until a final determination is made. RFP PROCESS On January 11, 2012, the Mayor and City Commission authorized the issuance of Request for Proposals (RFP) No. 23-11/12 for Security Guard Services. RFP No. 23- 11/12 was issued on January 30, 2012, with an initial term of three (3) years, and three (3) one-year renewal options. The bid opening date was March 2, 2012. Ten (10) proposals were received from the following contractors (See also attached Tabulation, Appendix A): 1. Kent Security, Inc.; 2. Florida Patrol Investigators, Inc. d/b/a FPI Security Services; 3. USI Security, Inc.; 4. U.S. Security (U.S. Security); 5. Allied Barton Security Services (Allied Barton); 6. Responsible Security Inc. (Responsible); 7. G4S Secure Solutions; 8. SMI-Security Management Innovations, Inc.; 9. SMI-Security Management, Inc.; and 10. Security Alliance, LLC (Security Alliance). The City Manager, via Letter to Commission (LTC) No. 082-2012, dated March 20, 2012, appointed an Evaluation Committee ("the Committee") consisting of the following individuals: • Lt. Eduardo Yero, Community Affairs Unit and Contracts Administrator, Police Department; · • Recio Alba, Financial Analyst Ill, Parking Department; • Gabriel J. Paez, Miami Beach Resident, Citizens Police Academy Graduate and Alumni; • Nick Pietrocarlo, Miami Beach Resident, Citizens Police Academy Graduate and Alumni (Chair); • Cornelius O'Regan, Police Support Services, Police Department; and • Carol Lang, Miami Beach Resident, Co~Treasurer of the Citizens Police Academy. On April 2, 2012, the Committee convened to shortlist proposers. Gabriel Paez was unable to attend. 799 Commission Memo RFP#23-11112 Security Guard Services July 18, 2012 Page 3of9 The following Evaluation Criteria was used to evaluate and rank the proposals received in response to the RFP: 1. The experience and qualifications of the Contractor (35 points); 2. The experience and qualifications of the Management Team (20 points). 3. Past performance based on number and quality of the Performance Evaluation Surveys (10 points); and 4. Financial strength as evidenced by financial statements (10 points); 5. Total cost (25 points) Additional Points, over the aforementioned potential 100 points were allocated, as appropriate: • Local Preference: An additional five (5) points would be assigned 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: An additional five (5) points would be assigned 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. Accordingly, an additional five (5) points were automatically added to Security Alliance LLC and SMI Security Management, Inc. for having local offices within the City. Please note that these points are already accounted for in the ranking of firms table presented in the following table. The Committee unanimously ranked and short-listed the following four (4) proposers and invited them to return for interviews (See Appendix B-Scoring Sheet): 1. Allied Barton; 2. Security Alliance; 3. G4S Secure Solutions; and 4. Kent Security. The Committee discussed the qualifications, past performance and experience of the proposers. The following proposers were not shortlisted, provided with the subsequent reasons: RESPONSIBLE SECURITY INC. Responsible Security Inc. was the lowest proposal received. The Evaluation Committee discussed Responsible's qualifications, experience, references and past performance. The Committee concluded that the firm was too small to handle the contract. References listed by Responsible include Galt Tower Condominium, Congas Night Club, ATI Career Training Center and City of Boca Raton, where they have one (1) guard staffed. Reference provided by City of Baca Raton was not favorable. FPI SECURITY SERVICES The Evaluation Committee discussed FPI's qualifications, experience, references and past performance. The Committee noted that the proposer had listed clients that were 800 Commission Memo RFP #23-11112 Security Guard Services July 18, 2012 Page 4of9 smaller in size and contract amount. Another concern expressed, was that the billing rates proposed for the unarmed guards and supervisors' classification were the same. References listed by FPI include Blue Lagoon Condo, Continucare MDHC, Fisherman's Boat Group, Philips International Holding Corp. (A retail mall and largest contract listed with 1300 hours weekly) and Silver Lakes Community Association. USI SECURITY The Evaluation Committee discussed USI Security's qualifications, experience, references and past performance, and concluded that the firm had listed small sized organizations as clients which did not include any similar size government contracts. References listed by USI Security include, Mary Brickell Village, Coccia Realty, Keansburg Board of Education, Veterans Affairs Medical Center and Geraldine Thompson Healthcare Center. U.S. SECURITY U.S. Security was the highest proposal received. The Evaluation Committee discussed U.S. Security's qualifications, experience, references and past performance, and concluded that the proposer lacked experience and the rates were the highest. References listed by U.S. Security include Resort World of Miami, Coca Cola Commercial Products, Klmco Realty Corp., Greyhound Terminal, and Aventine Condominium. SMI-SECURITY MANAGEMENT INNOVATIONS, INC. The Evaluation Committee discussed SMI Security Management Innovation's qualifications and experience. The Committee noted that the proposer had failed to provide past performance surveys for reference. The Committee expressed concern on the financial stability of the proposer, since all assets are located abroad. Billing rates proposed for the unarmed guards and supervisors' classification were the same, which was a concern to the Committee members as well. References listed by SMI Security Management Innovation include United Parcel Services (UPS) Miami International Airport (MIA), Amerijet International (MIA), Catholic Housing Services, DUO Condominium, The Laurels at Jacaranda, Element Miami Airport Hotel, etc. SMI-SECURITY MANAGEMENT, INC. The Evaluation Committee discussed SMI Security Management's qualifications, experience, references and past performance. The Committee concluded that the proposer had a poor ratillg on a past performance survey, lawsuits pending, as well as negative equity on their financials. . References listed by SMI Security Management include LAN Airlines, White Rock and Quarries, City of Miramar, Taca Airlines and Courtyard by Marriott. During the Committee meeting, the Committee raised issues pursuant to an email sent to the members by SEIU (See Appendix C). The Committee liaison from the Procurement Division advised the Committee that she would follow up on the issues raised in the letter, and provide a subsequent response to the Committee. A motion was also made to have the following information available prior to the next Committee Meeting: 801 Commission Memo RFP#23-11112 Security Guard Services July 18, 2012 Page 5of9 • Follow up on the issues raised in the letter provided by SEIU on 4/2/12; and • Identify which short-listed companies have union bargaining agreements. On April 9, 2012, the Committee members were provided with staff's e-mail response to SEIU's 4/2/12 letter (See Appendix D). As to its second question, three (3) of the four (4) short-listed proposers confirmed existing union bargaining agreements (i.e. Kent Security was the only contractor without a union bargaining agreement). On April 16, 2012, the Committee reconvened to listen to 1 0-minute presentations from each short-listed proposer, followed by a 20-minute Question and Answer (Q&A) session. At the conclusion of the last proposer's Q&A session, the Committee members scored and ranked the proposers. A motion (which was unanimous) was made to recommend that the Administration enter into negotiations with the Committee's top-ranked proposer, Security Alliance; and should the negotiations be unsuccessful, that it negotiate with the second ranked proposer, Allied Barton. The Committee's final rankings are as follows: FINAL RANKINGS LOW AGGREGATE TOTALS GRAND TOTAL PRICING When tabulating the costs, Security Alliance came in at $239,000 more than the lowest proposal received, and Allied Barton came in at $205,000 more than the lowest proposal received (See Appendix A). ANALYSIS An analysis of the two (2) Committee recommended proposers and the renewal of the Security Alliance contract: A RFP Proposed Rates The following provides a brief history and review of the two (2) recommended proposers: 1. SECURITY ALLIANCE Security Alliance was founded in 2001 by former US Marine and current President, David Ramirez. Security Alliance has successfully provided unarmed guard services to the City of Miami Beach since April 2007. Security Alliance has a Miami Beach office located at 1234 Washington Avenue. This strategically selected office location, and the personnel assigned there, are dedicated to the services for the City of Miami Beach. The operation is active twenty-four (24) hours per day, seven (7) days per week, year round. In 2010, Security Alliance willingly completed a collective bargaining process with the 802 00 00 Commission Memo RFP #23-11112 Security Guard Services July 18, 2012 Page 6of9 SEIU (Local 32BJ) allowing its employees to organize to protect themselves with the aid of Union representation. Security Alliance has certified that it will pay the living wage rates and offer domestic partner benefits to its employees. Security Alliance has recently completed its certification process for becoming and environmentally friendly company. As of December 2011, Security Alliance is certified through the ISO 14001:2004 program for implementing an Environmental Management System. Security Alliance is a Pillar Member of the Miami Beach Chamber of Commerce and has been a Gold or Silver Sponsor of the fund raising golf tournament of the Chamber each of the last four years. Security Alliance also recently donated to a fund raising campaign for the Miami Beach Chamber benefiting Education. In addition, Security Alliance has developed a relationship with a local Miami Beach bicycle shop for the regular maintenance of these bicycles, which are subject to tremendous wear and tear on a daily basis. Other contracts include Miami-Dade County, Johnson and Wales University, Homestead Miami Speedway, and Graham Companies of Miami Lakes. ]; UN:J\RMED 'GUARDS·- :13Q~lJOO;HR5/Y~ Bill Rate/hour Total 18.65 $2,424,500 Bill Rate/hour Total GRAND TOTAL $ 20.50 $615,000 $3,039,500 2. ALLIED BARTON Allied Security was founded in 1957 in Pittsburgh, PA, as a provider of uniform security services, and by 2000, Allied Security grew to 60 offices across the country with over 9,000 employees. In August 2004, Allied Security acquired Atlanta-based Barton Protective Services, forming Allied Barton Security Services. Allied Barton's network consists of over 53,000 employees, serving more than 3000 clients. Allied Barton employs more than 2000 security officers in the South Florida tri-county area. They deliver 30,000 man-hours of security service in the Miami-Dade County area. Allied Barton has local Miami-Dade Dispatch Center which provides a complete 24/7 dispatch capability. They have two Service Assurance Centers that operate 24 hours a day, 7 days a week, 365 days per year and are available through a toll free number at 8 ... 66-703-7666. Allied Barton also has two 24/7 national call centers providing redundancy in emergency situations. Other county and city contracts are: Miami-Dade County; Hillsborough County, Broward County (Port Everglades and Fort Lauderdale International Airport); the Government of the District of Columbia, Bexar and Harris County in Texas; the counties of San Bernardino, San Diego and San Mateo in California; Clark County, Nevada; and Charlotte/Mecklenburg County in North Carolina. Allied Barton has been named to Training Magazines Top 125 Training Companies for six consecutive years. They will create an on-the-job training checklist and a City of Miami Beach-specific exam that their security staff will 803 Commission Memo RFP#23-11112 Security Guard Services July 18, 2012 Page 7of9 have to pass in order to be posted and remain at the site to ensure that their officers live up to the City's requirements and expectations. Allied Barton has certified that it will pay the living Wage rates and offer domestic partner benefits to its employees. I. UNARMED GUARDS.:. :130}000 FIRS/VR Bill Rate/hour Total $ 18.53 $ 2,408,900 B. Renewal Option :11~;'St:JPSVIsDRS ..;;.:\ , , ; 'i3~~00itltRSt~J';;:;,~'t.i :l~i,•:;; ., ~(·J Bill Rate/hour Total $ 19.87 $ 596,000 GRAND TOTAL $3,005,000 In issuing the new RFP, the Mayor and City Commission also directed staff to compare the results of the new RFP process, to the Current Agreement, in order to determine whether it would be in the City's best interest to either authorize the negotiations and, if successful, award a new contract pursuant to the new RFP, or to reject proposals and renew the Current Agreement for one additional year. The following chart compares the billing rates proposed by Security Alliance in its response to the new RFP, and latest rates (for FY 2012) under the Current Agreement: >I •. :.UNARMEQ~UARDS­ l3Q;OOOiilRS/YR Bill Rate/hour Total $ 18.00 $ 2,340,000 Bill Rate/hour Total GRAND TOTAL $ 18.00 $540,000 $2,880,000 The City's proposed Living Wage rate for Fiscal Year 2013 is $11.28 per hour, with benefits valued at no less than $1.64 per hour or $12.92/hour, without health benefits. The increase to the proposed Living Wage rate for FY13 (plus FICA/MICA (7.65%) equates to a $0.81 increase. If applied on a straight dollar to dollar (plus FICA/MICA) basis, the calculations described in the chart below results in $18.81 for unarmed guards and $18.45 for supervisors (It is important to note that the increases do not consider any ripple effect as a result of payroll compression (i.e. a similar percentage or dollar per hour increase for employees who currently earn in excess of the proposed living wage rate) but does include FICA at 6.20% and MICA at 1.45%, which has been the common practice in offering increases during the implementation of the three-year phase-in): 804 Commission Memo RFP #23-11112 Security Guard Services July 18, 2012 Page Bof9 Beginning October 1, 2012 the remaining seven (7) months of the renewal year would need to be adjusted to the proposed Living Wage rate. $1,818,375 $18.81 $1,426,425.00 *Assuming straight line usage of hours. TOTAL DIFFERENCE IN COST $18.45 $1,749,300 $2,229,288 ($50,337) Although the $18.81 bill rate for unarmed guards is greater than the new RFP rate of $18.65, and the hours for unarmed guards are substantially more than for supervisors, it is still a better option for the City to renew the Current Agreement for the remaining nine (9) months of the term of contract, and limit the Living Wage adjustment to the straight dollar to dollar (plus FICA/MICA) increase. "' Additionally, the second ranked proposer, Allied Barton Security Services proposed an estimated annual amount of $3,005,000 (see Appendix A) which is $34,500 less than Security Alliance's proposed estimated annual amount of $3,039,500. MANAGER'S DUE DILLIGENCE After considering the review and recommendation of the Committee, as well as reviewing the Administration's analysis with regard to the City's options (i.e. accept a proposal vs. rejection of all proposals and, in the alternative, exercise the third renewal 805 Commission Memo RFP #23-11112 Security Guard Services July 18, 2012 Page 9 of9 term under the Current Agreement), the City Manager has exercised her due diligence and recommends that it would be in the City's best interest to authorize the Administration to renew the Current Agreement for the third (and last) one year renewal term effective as of August 1, 2012 to April 30, 2013. Under the Current Agreement, the City has the option to renew the contract, at its sole discretion. The Current Agreement expressly states that "Renewal of the contract is of prerogative, not a right of the contractor. Such option will be exercised, if at all, only when it is in the best interest of the City of Miami Beach." In exercising the last renewal term under the Current Agreement, the City Manager further recommends that the Administration limit the adjustment of the bill rate to the straight dollar to dollar (plus FICA/MICA) for the proposed living wage adjustment date, effective October 1, 2013. Additionally the Manager further recommends that the City Commission authorize the issuance of a new RFP for security guard services. CONCLUSION The Administration recommends that the Mayor and City Commission reject all proposals received pursuant to Request for Proposals No. 23-11/12 to Provide Security Guard Services (the RFP) and, in the alternative, recommends approving the third renewal term of Security Alliance's current contract for security guard services, dated April 2, 2007, with such third renewal being effective as of August 1, 2012 to April 30, 2013. The Manager further recommends authorizing the issuance of a new Request for Proposals (RFP) for security guard services. T:\AGENDA\2012\7-18-12\RFP 23-11-12 Security Guard Services-Memo.docx 806 co 0 ....... Comganl£ Security Alliance Allied Barton Kent Security G4S Secure Solutions Responsible Security FPI Security SMI Security Management USI Security SMI Security Innovations US Security ····•••cos7PR0Pbsll.iW•¥Jtsuf.Anoi4APPElitdxA···· I. UNARMED GUARDS @130,000 HRS/YR II. SUPERVISORS -30,000 HRS/VR Billina Rate/hour Total Billina Rate/hour Total GRAND TOTAL SHORTLISTED PROPOSERS $ 18.65 $ 2,424,500.00 $ 20.50 $ 615,000.00 $ 3,039,500.00 $ 18.53 $ ,408,900.00 $ 19.87 $ 596,100.00 $ 3,005,000.00 $ 18.67 $ 2,427,100.00 $ 19.17 $ 575,100.00 $ 3,002,200.00 $ 18.67 $ 2,427,100.00 $ 22.37 $ 671,100.00 $ 3,098,200.00 PROPOSERS THAT WERE NOT SHORTLISTED $ 17.50 $ 2,275,000.00 $ 17.50 $ 525,000.00 $ 2,800,000.00 $ 18.45 $ 2,398,500.00 $ 18.45 $ 553,500.00 $ 2,952,000.00 $ 18.50 $ 2,405,000.00 $ 19.50 $ 585,000.00 $ 2,990,000.00 $ 18.45 $ 2,398,500.00 $ 19.83 $ 594,900.00 $ 2,993,400.00 $ 18.86 $ 2,451,800.00 $ 18.86 $ 565,800.00 $ 3,017,600.00 $ 20.25 $ 2,632,500.00 $ 20.25 $ 607,500.00 $ 3,240,000.00 co 0 co APPENDIX A l:,;t ... ··, ·:;. · • , ..• <,:~.·, ;~<? "•••~·.· · ;,; ·,:.•'·•·· ·:~.~·~ ••. · .•. · .• ;~··~;r;•· ·,····. ·•.< ·•·•; ··. :: .• :~·.:····.·· · · .•. :)2;j:=::~;~;f};~:~:.·.··••••·•······i"'fiii'il ·i£Eii1· fflidL'" ••· ········''~·:I:~.~.~.·~~:c·~~,:~;;{f , •. ~~~(;,., ·.:~;~ :rPfi~'·''ri::it' •i!jJ~. f·.··· ..... ,:r'·.M:·~ {~~·,~:t~~~k"~i;r:t;:·: ,.::: ~~,,.;;:••! ~~~;?'I["• ~% ":•7 ,)'':: . ·· ·i~fJ~iJ{;•• ': Kent FPI USI US Allied Responsible G4S SMI Security SMI Security Security 1 '\,1' : •••''·"'; . ~.,:;.,g,;: '•• Security Security Security Security Barton Security Secure Management Management Alliance u: < ' ,, ;, ~~ F':r ; I Solutions Innovations !;;;iJ!( ··'' ; ;;pi;. 1 Code Enforcement ' ' a. dog off leash hour $ -$ 20.20 $ 17.03 $ -$ 20.53 $ 18.50 $18.67 $ 18.86 $ 19.10 $19.75 b. pooper scooper hour $ -$ 20.20 $ 17.03 $ -$ 20.53 $ 18.50 $ 18.67 $ 18.86 $ 19.10 $ 19.75 c. littering hour $ -$ 20.20 $ 17.03 $ -$ 20.53 $ 18.50 $ 18.67 $ 18.86 $ 19.10 $ 19.75 d. skateboarding in Lincoln Rd hour $ -$ 20.20 $ 17.03 $ -$ 20.53 $ 18.50 $ 18.67 $ 18.86 $ 19.10 $ 19.75 e. skateboarding and Bike on BW hour $ - $ 20.20 $ 17.03 $ -$20.53 $ 18.50 $ 18.67 $18.86 $ 19.10 $ 19.75 Special Master 2 Hearings a. Security Guard (Code) appearance $ -$ 20.20 $ 75.00 $ -$ 112.00 $ 19.50 $ 104.56 $ 18.86 $ 19.30 $ 24.50 b. Supervisor appearance $ -$ 20.20 $90.00 $ -$120.00 $ 19.50 $ 125.28 $18.86 $19.80 $ 27.75 Unarmed guards 3 (traffic control) hour $ -$ 20.20 $ 17.03 $ -$ 19.53 $ 18.SO $ 18.67 $ 18.86 $ 19.30 $ 19.20 Monthly cost of 4 additional vehicle vehicle $ -$ 600.00 $1,195.00 $ -$1,500.00 $ -$1,500.00 $ 600.00 $ 1,200.00 $1,200.00 Monthly cost of 5 additional bicycle bicycle $ -$ -$ 65.00 $ -$ 200.00 $ -$ 100.00 $ 100.00 $ 100.00 $ 30.00 Monthly cost of additional golf 6 cart golf cart $ -$ 50.00 $ 350.00 $ -$ 230.00 $ -$ 300.00 $ 200.00 $ 180.00 $ 140.00 Costs associated with polygraph 7 exam polygraph $ -$ 100.00 $ 500.00 $ -$ 250.00 $ -$ 275.00 $ 200.00 $ 150.00 $ 125.00 co 0 CD 100 100 90 100 73 2012-APPENDIX B Rank 1 1 4 1 6 5 Lt. Eduardo RocioAiba Yero Total Total Points Rank Points Rank 91 1 95 2 86 4 97 1 90 2 92 3 87 3 88 4 77 6 56 6 78 5 70 5 68 7 44 8 Motion Presented by NICK PIETROCARLO, seconded by LT. YERO, and unanimously accepted by all committee members. MOTION: Select the 4 top rank proposers for presentations: Allied Barton, Security Alliance, G4S and Kent Security. Tim O'Re an Total Total ~oints Rank Points Rank 100 2 86 1 105 1 80 3 85 4 70 5 95 3 82 2 51 5 74 4 45 7 54 8 50 6 58 6 Add to Motion: Which companies have union agreements and check validity of Kent Security Living Wage Violation at the City of Miami. 1 Five (5) additional points for Local Preference were allocated to the total points for Security Alliance. 2 Five (5) additional points for Local Preference were allocated to the total points for SMI Management, Inc. ' I I LOW 472 7 4681 10 427 18 452 13 331 27 332 30 270 34 3ZBJ SEIU Sfroltglll' Togflfhel' SERII'CE [!IPIOYEf< INT:RN:\TICJNAl ..1'110\ CTW.CLC MIClMEI. P. !IlSHMAN t-'festOt':fll ICSVIN.I. DOVU l:xo?iutve V~cf' Pres.rdem VICE· PPff!DEN'l$ IMEI!AAGG £X:UIIGEF~CO LFN!lll~ I-HII:tii.A£NIJER BRIM lAMtiERT VAIARIF IJ.JNG FLOIIIM DIS'1ItJCT Ere Braltllen 14 NE I~ Aw. ~~ liiF 90'1 Miami. Fl 3313l 305-672-7071 r.3.< 305 672 950 I LCIGIIU&I~ ()I A'o'Cf1Uc ollhe I' .neTic as \Jew 'fork. I·J¥ 10013-IJ•JI 21?.30033(}0 Capital AIH Dlllrltt W.,hing~CVY 202.387.3211 ~iiiii<TnP 41024-1.5970 Rn6~/') ~It!, ~~'"' wmt(f 30 . Sb?'I'ICJ eom-tlcUI DllliiCI 800.?18.5153 ll;t·t'wJ BoO. 5o0.8o7• Starrl'or:t 20).9{}2 00 · S I Dillrlct 1101 ; 15·Q~3-540V N .... _VdqDJatdct Ql4.6l7.70C<C .._.......,., Dhtricl J I'>· i16-36CO P/>;.4 <';-~I~':. ~~Of l'ltemlm .adOIIen DISirld 202'.962 (:781 New .... Dlaii'IU 973674 3?25 ........... ~ DlnrJa 112-471-():)~o) APPENDIX C March 31, 2012 Dear Member of the Evaluation Committee, As you consider proposals for RFP 21 -11112 -Security Guard Services, we want to urge you to consider the following infunnation about Kent Security to make your decisions SEIU is engaged in a 11lll.icmwide campaign to increase ;nandards in the security industry. Unfortunately, the private sccuricy industry has been plagut:d by too many contractors with minirmt I standards and a poor record in their relationship to their cmployec5. We believe that one of those contractors is Kent Security, which submitted a proposal for tile aforementioned RFP. In April2011. wid1 the help of Local :l2RJ, Kent employees at the City of \1iami tiled a complaint with the City's Purchasing Director alleging violations of the City's Livine Wage Ordinance. The employees had been illegally underpaid for years. with some getting paid a.~ mud! as S 1.25 pc1 hom below tile mandated rates. After several months, a period WhCJI workers were forced to go out on strike to make their voices heard, the City agreed the Kent violated the Living Wage Law by underpaying workers. 'Illeteaftcr, Kent filed a certification with the City falsely claiming it was In compliance with the law. As ofthe date of this letter. nearly a year after the complaint was filed, Kent ha.i just. !\lllned adjUSling paying wage rates to comply V~<ith the law. However, Kent has still not reimbursed the employees for the years of illegal underpayrm:m thltt lbey were subjected to. Adtlitiooally, Kent has a long history of lawsuits filed against it and its affiliates fur il..'illeS including unpaid w~ and diserimlnatioo. We have also attached an insert detailing these issues, but some of the most egregious include: In July 2008, Ellen <Jreenfield, a former K.eot V.l' of Sates, filed a lawsuit against Kent alleging gender and pregnancy discrimination and harassment. The plaintiff alleged that after informing Kent that she was pregnant, 5he experienced harassment, wa.o,; dllmoted, p1.1t on surveillance, and ultimately construotivcly discharged. The ()llSC was settled on Septgnbe1 2009 with unknown terms. On twuseparate cases in 2009, plaintiffs Russell Casadonte and Jose Ortiz sued Kent under the Fair Labor Standard.\ Act '~~:eking to recover unpaid wages. Even as Kent denied any wrongdoing, it settled the cases fur $6,000 Hnd $5,533.60, respectively. Please do not hesitate to eootact me if you have any qucstioos. Sincerely, ~ Eric Brakken Florida District Director SEIU32BJ )4 NE 1st Ave. Suite 90S Mimni. FL33132 305-6 72-7071 810 APPENDIXD Delvat, Cristina From: Delvat, Cristina Sent: To: Tuesday, April 03, 2012 2:51 PM Aguila, Raul Cc: Estevez, Maria Subject: RE: Citynet -Purchasing Website Question Per the email sent by the Purchasing Director of the City of Miami, Kent Security is currently in compliance. MIAMIBEACH Crlatlna Dttlvat Confnlcts Compliance Specialist PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beech, FL 33139 Tel: 3(15.673-7496/ Fax: 786-394-40001 cdelyat@!TI!am!bpch!!.gov We 11111 commJI1ed to providing excellent pub/lc s.ervice and ssfety to all who live, liCifc and play In ourviblant troploal. hisloric oommunily. &A Think Green. Keep It on the screen. From: Aguila, Raul Sent: Tuesday, April 03, 2012 2:31 PM To: Del~ Cristina Cc Estl!vez, Maria SUbject: RE: Citynet -Purchasing Website Question No closure from City of Miaml?-i.e. did they ever respond to Kent's last letter and was Kent found to be in compliance ornot? · MIAMI BEACH Raul J. Aguila, Chief Deputy City Attorney OFFICE OF THE CrrY ATTORNEY 1700 Convention Center Drive-Fourth Floor, Miami Beach, FL 33139 Tel: 3Q5.673-7470 or 3(15.673-7000 I Fex: 305-673-7002 I www raulagu!la@mJamjbeachfl,aov We are r:ommlllad tn providing~ publk sl!tllke and safety tn aH who live, WDrlr and play In ourlllbnmt, tmpk:a~ historic t:Ommunlly. From: Delvat, Oistina Sent: Tuesday, April 03, 2012 1:"16 PM To: Aguila, Raul .ec: Estl!vez, Marla SUbject: FW: Citynet -Purchasing Website Question Hi Raul, Please see Attached letters regarding Kent Security's violation of the Living Wage at the Oty of Miam't Should I forward the information to the Committee members? Thank you, MIAMI BEACH Cristina Delvat Confnlcts Compliance Specl8//st PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7496/ Fax: 786-394-40001 cde!yat@miamlbeachfl.aov We 11118 committed to providing excellent pub/lc N/ViCe and safety to aH wno f/11&, liCifc and play In our 1liblant fiDplr:a/, hlstodc cammunJty. 1 811 J; Think Green. Keep it on the screen. From: Robertson, Kenneth [mailto:krot!ertson®miamigov.com] sent: Tuesday, April 03, 2012 11:38 AM To: Delvat, Cristina Cc: Estevez, Marla SUbject: RE: Cltynet -Purchasing Website Question Good morning: Please review the attached documents. After several letters during our investigation process, Kent Security Is currently in compliance with the living wage rate requirements of ITB Contract 16014. Follow-up Miami Herald artlde is also posted below. Thank you. htto://www.miamlherald.com/2012/03/29/2722726/securitv-contractor=Pavs-back.html Kenneth Robertson Director I Chief Procurement Officer City of Miami-Purchasing Department Miami Riverside Center 444 S.W. 2nd Avenue-6th Floor Miami, FL33130 Phone: (305) 416-1910 Fax: (305} 416-1925 E-mail: krobertson@miamigov.com Website: http://www.mlamlgov.com/procurementl This communk:atlon may c:ontain confidential and/or otherwise proprietary material and Is thus for use only by the Intended recipient. If you received this in error, please contact the sender and delete the e-maD and Its attachments from all computers. 'Due to Florida's very broad public records law, most written communk:atlons to or from City of Miami employees regarding city business are public records, avaUable to the public and media upon request. Therefore, this e-mail communication may be subject to public disclosure. From: Delvat, Cristina [ma!lto:COe!yat@mjamlbeacbfl.aoy] sent: Monday, April 02, 2012 4:19 PM To: Robertson, Kenneth Cc: Estevez, Marla SUbject: Cltynet-Purchasing~ Website Question Good afternoon Mr. Robertson, This morning the Evaluation Committee for RFP #23-11/12-Security Guard Services convened to shortlist. During the meeting. the committee members were informed that Kent Security was in violation of the Living Wage of the City of Miami. In order for the committee to make an informed ranking of the companies, we would like to know the facts. Please let us know the details of the violation. Thank you in advance for your assistance with this matter. 2 812 KENNETH ROBERTSON Cllldl'rocurcme:ll Officer . SENTVJA; EMAL fhenN@bluerockleqai.com Frank H. Henry, Eeq. Bluerock legal, P.A. 11645 Biscayne Boulevard, Suite 400 North Miami, Aorida 33181 JOHNNYMARTINE2, P.E. City ManageT February 24, 2012 RE: KENT SECURITY SERVICES LMNG WAGE RATE NONCOUPUANCE DearMr.Hemy: In response to previous correspondence regarding the subject maHer, on Thursday, November 3, 2011' Kent Security Services ("Kent") hand delvered the attachecl Living Wage Certific:al:lon dated November 2, 2011, to my office (AttachiTIEVIt 1). This certifica1ion was submitted in order to become compliant with ITB Contract 16014 Geneml Condition 1.40, CITY OF MIAMI UVING WAGE ORDINANCE, which requires that 1e]very six months, the service contractor shall file with the city's procurement director a listlno of all mvered emplo}lees together With a ~ of compliance with this article.• As .vou are aware. Bid Contract 16014 was awarded to Kent pursuant to the terms and conditions of Invitation for Bid OFB) 16014. Special Condition 2.5, Living V\'age Ordinance, on Page 29 of the IFB clearly states: "City of Miamls Uving Wage Ordinance ls applicable to this service contract. Please refer to Section 1.40 of the General Terms and Conditions for further information and guidance on how to comply with this ordinance. • General Condition 1.40, City of Miami Living Wage Ordinance, on Page 18 of the IFB and its cited Section 18-556 of the City of Miami Code of Ordinances clearly state: ·uving wage means a wage set at a level equal to 110 peroent of the poverty guideline as published from time to time by the U.S. Department of Health and Human Services Poverty Guidelines (persons in househo.'ds of four). The 2006 living wage is no less than $10.58 an hour with a health benefit plan Temphasis added], as described in this article, or s living wage of not Jgss than $11.83 an hour without health benefits [emphasis added]. The living Vlage shall be adjusted annuaHy by no later than April 1 following the publication of the aforerr.entioned guidelines." Pagel 813 Section 18-557, Uving Wage, Subsection (b), Health benefits; eligib;Jity period, of the City of Miami Code of Ordinances, clearly states: (b) Health benefits; eligibility period. For a covered employer to comply with tfris article by choosing to pay the lower wage scale available when a covered employer also provides a standard health benefit plan, such health benefit plan shall consist of a payment of at least $1.25 per hour toward the provision of health benefits for covered employees and their dependents and shalf be approved by the city. If the health benefit plan of the covered employer requires an initial period of employment for a naw employee tc be eligible for health benefits (the •eligibility perior:r), a covered employer may qualify to pay the $10.58 per hour wage scale for a term not to exceed the new employee's eligibili'ty period, provided the new employee wHI be paid health benefits upon completion of the eligibHity period, which period shall not exceed 90 days. · Previous correspondence regarding this Issue communicated all calculations in support of the City's living wage hourly rates for Years 2006 -2011. This $1.25 health benefit wlue was duly factored into the yearly living wage rates required of ITB Contract 18014: wage Wage With Health Without Year Benefit Benefit Benefit 2006 . 10.58 1.26 11.83 2007 10.92 1.26 12.17 2008 11.21 1.26 12.46 2009 1t.86 1.26 12.91 2010 11.66 1.26 12.91 2011 11.82 1.26 13.07 ITB Contract 16014 and the Uvjng wage Ordinance are both clear that the value associated with not providing a health benefit plan equates to $1.25 per hour: $11.83-$10.58 • $1.25. If choosing to pay the lower wage scale throughout the contract term, Kent is contractually required to pay an additional $1.25 per hour toward the provision of health benefits for covered employees and their dependents. Kenfs Uving Wage Certification dated November 2, 2011, specifies the (then) current salaries of 34 covered employees working under ITB Coniract 16014. Of these 34 covered employees, 32 of them are making $12.40 per hour; one is making $12.65 per hour; and one is making $13.50 per hour. Please note that the 2011 living wage hourly rate with a health benefit plan is $11.82. The 2011 living wage hourly rate w"r'.Jiout a li&altti benefit plan is $13.07. The City of Miami can logically presume, therefore, that Kent is choosing to pay 33 out of the 34 covered employees the lower wage rate because they are actually receiving a health benefit plan. Page2 814 Ac:<:crdingly, please forward proof to 1he City of Miami that 1he following covered employees are currently receiving a health benefit plan and were receiving a heaHh benefit pJan during calendar year2011: Adel, Robert Alejo, Francia Arias, Zulay Bolivar, Ernst cantillo, Jorge Cruikshank., Nigel Dixon, Edgar Edwards, Eddie Exposito, George Filtidor, John Gabela, Melissa Godinez, Guillermo Gutierrez, Rafael Hennednant, Anthoniel Lafosse, Kenly Langott, Delaneo Levi, ltzhak. Malagon, William Mathieu. Pierre Mendel, Cesar Moyer, America Pierre, Sanley Pierre, Bayonne Polydcr, steve Prevot, Rony Renard, Herbert Rios, Eric Roclrlg1.18Z, Sandor San, Abilio ·1 imothee, Renaud Tongue, Allen vanes, Maria V\lilis, Anthony This information is requested not later than close of business 5:00 PM, Thursday, March 1, 2012. Pursuant to General CondiUOn 1.40, Paragraph 8, on Page 19 of the IFB: "1-silure to oomply with the City ot Miami !..illing Wage Ordmance may result in legai action by the covered employee or former covered employee as allowed by Florida Law, court impose[dj sanctions, ely impose[rJ] sanctions, such as pay wage restitution, impose[d] monetary damages, suspensiOn or termination of payment, termination of contract, and debarment ... AdditiOnally, pursuant to section 1S..559 (d) of the City of Miami Code of Ordinances: Page3 815 !~ !&iiictiOiiS a,gflinst .seNice ~ntracfon;. .F.or Violations of this§iicle, the.~ shaD sam;tion a ! · :rviceixlntrac:lorb r 1he:servlae·oonti'Bctor~ · ~ at-·fls . .'fori ~~a:;·. ;'· L~~/l.lfl"i,!:!2~~~-~. £Pfl1§!, I, ~affected ~Y!!· ·'fh!i·ci!y~~so sanction the service -~tract~}!! ·a'i.J!,~:_one~the!. fOT/ovling&lclltional,wayg:t !rtff-'·:·11ltJ.Cf!Ymal~~1nthesumof$50CUJOfOreacJIUVSekifor.Sachj · loqv9Jed~ foiltidto.havenctiMnP~Id inscCM:tangttV.dttrt1fis.!'l!Ji9il Failure to provide the requested information in writing may expose Kent to the sanctions above identified. Should you have any questions, please contact me immediately at office number . {305) 416-191 a o~ via email at kr9berts9n@miamlqoy.coro. Thank you • . Sincerely, Kenneth J. Robertson Kenneth Robertson Is/ Director I Chief Procurement Officer KR!kr encl: Attachment 1 cc: IFB File; Mr. GH Neuman, Kent Security Services: gneuman@lsmltsecuritv.com 816 '• November 2, 2011 Kenneth Robertson Director/ChiefProcuremeot Officer City ofMiami Purchasing Department 444 S.W. 2d Avenue-£1hFioor Miami,FL33130 . Dear Mr. Robertson: Attached is a list of every employee ofKmt Security Services. Inc., who provides securl;ty services to fhe City ofMiami EaCh of these employees is paid $12.40 (or more) per hour. This letter will serve as certification of compliance with .Article 1.40 of the Invitation for Bid. Sincerely, /J~M- GilNeuman CEO C5l> -----------~--·--------··--"---------------------------·-----------·---- iM P:305.919.9400-1-aoo-KENT (5368) 1 f':305.919J1690(14600 Biscayne Boulevartl, Miami, Fla::t181 1 www.kei'IISeCUI'Ity.com KENT SECURITY 817 --·---OU\IlCII llGitll"' 41526 .... _ ... ,.; Adel, Robert Current Pay Rate: $12.40 40300 ..... _ ... Alejo, Franola current Pay Rate: $12.40 40357 ...... _ ... Alvarez, Francisco Current Pay Rate: $13.50 40547 ... _ .... Arias, Zulay Current Pay Rate: $12.40 40313 ••• _ .... Bolivar, Ernst Current Pay Rate: •$12.40 . 41534 ......... q-antlllo, Jorge Current Pay Rate: $12.40 41538 ......... Cruikshank, Nigel Currant Pay Rate: $12.40 40456 ..... lrfl. Dixon, Edger N Current Pay Rate: $12".40 40539 ......... Edwards, Eddie L. Current Pay Rate: $12.40 40432 ... _ .. _ Exposito, George Currant Pay Rate: $12.40 40368 ... _ ... _ ·. Flltldor, John Current Pay Rate: $12.40 40365 ..... _ ... _ Gabela, Melissa L Current Pay Rate: $12.65. 40350. --·k· Godinez, Gulllermo Current Pay Rate: $12.40 40405 ......... Gutierrez, Rafael Currant Pay Rate: $12.40 40400 ......... !' Henneclnant, Anthonlel current Pay Rate: $12.40 41499 ........ lafOl!Se, Kenly Current Pay Rate: $12.40 40f)10 ............ Langott, Delaneo D Ourrent Pay Rate: $12..4Q 41528 ...... _ ... _ Levi, llzhak current Pay Rate: · $12.40 40359 ..... _ .. _ Malagon, William David Current Pay Rate: $12.40 40514 --··-Mathieu, Pl~e Current Pay Rate: $12.40 41531 ... _,..._ Moradel, Cesar Current Pay Rate: $12.40 40309 .......... Moyer, America Current Pay Rate: $12.40 40452 ........... Pierre, Sanley J Current Pay Rate: $12.40 '40997 ........... Pierre, Bayonne Current Pay Rate: $12.40 I ()() 40385 ***·**· t?olydor, ~teve Current Pay Rate: $12.40 4 ' "'l""" 40530 ***-"*· : Prevot. Rony current Pay Rate: $12.40 ()() 40485 ***-"'"· Renard, Herbert Current Pay Rate: $12.40 40295 .... _ .... Rlos, Eric Currant Pay Rate: $12.40 40451 .... _ ... Rodriguez, Sandor Current Pay Rate; $12.40. 40960 ---San, Ablllo P Current Pay Rate: $12.40 41022 ***-**· Tlmothee, Renaud Current Pay Rate: $12.40 41537 ***~**· Tongue, Allen Cumtnt Pay Rate: $12.40 .. 40492 ..... _ ..... VaiiE!,S, Marla D current Pay Rate: $12.40 41004 *"*-**· Willis, Anthony Current Pay Rate: $12.40 ... ·• BLUE ROCK L E G A L, P.A. A PRIVATE LAW FilM I' VIA Fu l3QS.416-1925l and us Mail Kenneth R,obertson Director/ChiefProcureme1tt Officer Ci1y ofMiami ~Department 444 S.W. 2dAvenue-6 Floor Miami. FL 33130 Re: Kent Security Services Dear Mr.' Robertson: . •. MaJ:ch 1, 2012 DirectDial: (305)981-4300 Facsimile: (305)981-4304 fbern.y@hfgtrnrJrlrgal S9!J! As your file will reflect, tb.Ul kw fim1 represen1S Kent Security Services, Jnc. Thank you for your letter dated February 24, 2012. . . : . · · · · ·. . You request in yom letter we "prove"' to the City of Miami that a number of individuals ideDt:ified in your letter are "car.rently receiving a health benefit plan and were receiving a health benefit plan durhJg calendar year 20ll.'l You also commented on that issue that the City "logically presumes" that Kent Secutiey Services; Inc., is "choosing to pay 33 ~of1he 34 covered ~loyees the lower wage rate [of$11.82 per hour] because they are actuallyrecei:\ii.ngahealtb. benefit plan." . As a pieliminary matter, you -should be aware that none of Kent Secu:ri1Ts employees · · · ··working on the City of:Miami c;ontract' are being paid$+ !:82 per hoUr. All of those employees are being paid not less than $12AO per hoUr. YoUr: conim.emttbatK.eitt Security is .. choosing to pay 33 out of34 employees the_ lower wage rate" is incorrect · Your email to Jeny Tollefsen on July 18, 2011, was the first we learned of any eslablished wage rates applicable to the City of Miami contract. You can review the dialogue t1ia:l: we bad relating to the issues in yom letter, and otller issues that yoy raised subsequent to your first letter. Kent Security's response has been consistent throughout-although we disagree that1hewagerates that you described in your letter can be drawn with my degree 'of~ ~.the City's Living Wage~ we agreed. to setthosewagerates~a~ thrdlold~thatpointforwatd. Jill Kent Security empioyees woiking on the City of :Miami contract are being paid in accoxdanCewith the wage rates in your letter of July, 2011. Kent Security also maintains a~ health insurance plan for its employees. Those employees worldng on the City of Miami contract . .--....:..---·--.. ·----------..------· ..... ·------· ........ _ .. ____ ---·---· ... ·-·- 10800 BiSCilyne Boulevard I Suite 41 0 I Miami, FL 33161 · · · · · · · -www.bluerocklegal.c;om ---• -• · 819 Ke!me1h Robertson Maroh 1, 2012 ~ and are each entitled to pal'f:i.ojpate at :no <:OSt for thell' ovvn coverage. After our last · correspondence with you on those issues, you asked that Kent Security "certify its payroll" going :fOrward. Ko.ut Seoori:t.y'a ChiefBx.ecu:tive Officer, Gil Neuman, did so on NOYember 2, 2011. The employees working on the City of Miami COlltract who bave ·aotually elected to parti.cipate in Kent Sec.utity's healthinstmmceplan~Edgar Dixon, Delaneo Langott, Sanley Pierre, and Ra:&el Gutierrez. KentSec'lliicy" bas retroacfively adjusted tb.e remainder ofits employees on 1D.e City of Miami contract to $13.07 per hour ftom July 18, 2011, the day we received your initial ooD'eSp(ltldence, even 1hough. each of "those employees is eligible to participate in Kent Security's health :insurance plan but has elected not to do so. On a separate butrelBted issue, we request that you consider email OO!l'eSpOildtmctbatyou received :from Vivian Qlnng, Kent Security's Controller, onNovembm: 4, 2011, fourmmxths ago. Thecmrespon.dence ~lated to your suggestion 'to Kant~~ Septembertbattlle~s bmrate . be .. .:u .... ~ to . . ~'What ~as"an·iilOreasc. the uv~ ...... :w: . . Ms: /"11....;.;;.. ... • Jil&.l:l~~ ~ •• -you . ·-. . , m -"~ age ~ wf:ote to yo1,1 for approval tbi'diatupwara 8d}ustuie:D.t of20 cents per hom to the CitY's bill rate. To date, neither Ms. cheurignor anyone else at Kent Security bas receivedaxesponse. The :net effect is that the wage rate paid to employees was inoreaBed, bat the bill rate to the CitY ram.afued the same. Kent Security has been priv.ilogcd 1o serve thecitizcms of the City ofMiami for tho past five years. Kent Security and tbe City of Mi8Jirl are :now in the fifty i1i:nth month of a sixty month contract. Please let us know if there are other issues that you perceive may need to be add:ressed :in · the b-rief remaining term. · Please clo 110thesitaieto Callifyo\1 wish to disct~SS any ofthe issues ad.dros,ed in this letter. Sincerely, --~---------------------------- 820 Security contractor pays back wages to workers -03/30/20121 MiamiHerald.com Page 1 of2 lhtBliamiHetalb(D Posted on Fri, Mar. 30, 2012 Security contractor pays back wages to workers By Lidia Dinkova Special to The Miami Herald A security company has agreed to increase the pay of guards working on city contracts after Miami officials investigated whether the company failed to comply with a "living wage"' law. The law sets minimum hourly rates for employees of city contradors while they are working for the city. Kent Security agreed in March to a retroactive pay hike after Miami's Purchasing Department launched its second investigation into Kenfs payroll records. Based on those records, for periods of 2011, the city sent Kent a letter indicating that 29 out of 34 employees working on city contracts appeared to be underpaid. The company also had increased wages last year after a city investigation, according to the Purchasing Department For 2011, the minimum was $11.82 fbr workers receiving health insurance, or $13.07 for workers without health insurance. Twenty-eight of the underpaid employees-none of whom had requested or received a health benefit plan from Kent-were getting $12.40 an hour, according to payroll recorcls Kent provided to the Purchasing Department in November 2011. Another employee without health insurance received $12.65 an hour, also an apparent violation. But four employees who were getting health benefits .received $12.40 an hour, which is above the minimum. One employee without health insurance was receiving $13.50, also above the minimum. The company said it offered free health insurance to all of these employees, but most declined, and the company thought it was complying with the law. 'We have always considered ourselves compliant, and we have paid whatever the city wanted us 'to pay," said a spokesman for the company Monday. 'We have always paid the living-wage rate and, when the city has recast the formula, we have met th' city's requirements every time."' But a representative of a union trying to organize the guards said the company should be punished . .. Kent has ripped off both their employees and us as taxpayers in the city by pocketing the money and ignoring the law, .. said Eric Brakken, director of the Florida chapter of the 32JB, a branch of Service Employees International Union, which helped several guards file complaints with the city. 821 Security contractor pays back wages to workers -03/3012012] MiamiHerald.com Page2of2 "So far the city hasn't sanctioned Kent." said Brakken. We are urging the city to do that. The city should actually withhold payment to Kent and send that money back directly to the workers they have taken advantage of. The city should really set an example by demonstrating that this kind of activity is not going to be tolerated." The city had the option of imposing fines of $500 per week per underpaid employee, terminating Kent's. contract, suspending or terminating payment under the contract, or declaring Kent ineligible for city contracts for three years or until Kent pays all penalties and res-titutions. This city's living wage is set each year in April to equal to 110 percent of the U.S. Department of Health and Human Services' Poverty Guidelines for persons in households offour. · Between Oct. 1, 2010, and March 19, 2012, the city has paid Kent $880,598.85 for security services. C 2012 Miami ,Herald Media Company. All Rights Reserved. http:/twww.miamiherald.com APPENDIXD 822 Delvat, Cristina From: Sent: Jerry Tollefsen [jtollefs.en@kentsecurity.com) Friday, April 06, 2012 9:55 Nit To; Cc: De1vat, Cristina Gil Neuman Subject: Re: Union Bargaining Agreement Hi Cristina, We do not have a union bargaining agreement From: Delvat, Cristina cc: AQIIila, Raul ; carmen, Elizabeth ; walker, Patricia ; Echert, Georgie sent: Wed Apr 04 09:31:54 2012 . SUbject: UniOn .Bargaining Agreement Good.moming, The Evaluation Committee members of the RFP #23-11/12 for Security Guard Services would like to know if your company has a union bargaining agreement. Please provide your answer for the record by Friday, April6, 2012. Thank you, MIAMI BEACH ~ Dalvat Contr.acf$ CQmp/flfTICII ~ PROCUREMENT DMSION 1'1'00 Convention Center Drive, Ulaml Beach, FL3S139 Tel: 305-673-7496/ fax; 786-394-40001 qlelval@mjamjbeac!Jf!.qoy We 181\8 commllled to providing excellent pubfJc setVlce and .se/etly to aH who live. MIDik Slid phly In our vlbnmt.. trapk:aJ, historic community. ,A Think Green. Keep It on the screen. 823 Delvat. Cristina From: Sent: Mcdonald, Taylor [Taylor.Mcdonald@allleclbarton.com] Thursday, April 05, 2012 12:54 PM To: Delvat, Cristina Ce: Subject: Aguila, Raul; Damien, Elizabeth; Walker, Patricia; Echert, Georgie RE: Union Bargaining Agreement AllieciBarton is party to a National Framework Agreement with the SEIU that provides for a stable and constructive relationship on a nationwide basis. Allied Barton is currently a signatory to twenty-one (21) collective bargaining agreements with several different labor organizations. The majority of AlliedBarton's collective bargaining agreements are with the SEIU. Best Regards, Taylor Taylor Mdlonald I Director of Busbess Development AllledBarton Sec:urlty Services Mobile: 954.415.74191 Fax: 954.425.8275 tay!or.rna!onald@al!!edbarton.com I Alllec!Bartpn.com h!tp;Jfwww.linl!!!djn,comllnl!ay!onnaJooa!d Follow AllledBarton on: IIIII. ~ From: Delvat, Cristina Imanto:CDelvat@mlamibeachft.gov] sent: Wednesday, April 04,2012 9:32AM . CC: Aguila, Raul; Damien, Elizabeth; Walker, Pat:rida; Echert, Georgie SUbject: Union Bargaining Agreement Good morning, The Evaluation Committee members of the RFP #23-11/12 for Security Guard Services would like to know if your company has a union bargaining agreement Please provide your answer for the record by Friday, April 6, 2012. Thank you, MIAMIBEA.CH Cdetlu Detvat Contracts Compliance Spec:lslist PROCUREMENT DIVISION 1700 Convention Cenlsr Drive, Miami Beach. FL 33139 Tel: 3Q5.673-7<496/ Fax: 786-394-4000/ tde!vat!fllmjam!beachf!.aov We n committed to providing fiiCcelent public service and safety to a1T' who live, WOlle and play in our vibnmt. tropical, llistolfc community. ~Think Green. Keep It on the screen. . ~ This IHllail iran6mlsslon and any documelli$. flies or previous Hllali messages 1iliat:hed io it. may be privileged and conrldeolial and ls lnl.endad only for !he use · of the inlanded recipient of this message. If you are not the Intended recipient. or a person responsible for detivering it to the inlended recipient. you are hereby nolllled that lillY review. dlsclo6ure, retention. c:opylng, dissemination. dlstrlbuton or use of any of the Information conta:ned ln. or attach6d tolhla EHDBII transmission is STRJCTI.Y PROHIBITED. If you havarecelvedlhlstransmlstlonlnerror, please lnmedlatelynoflfy me by return emailcrbytelephoneatthe above l'lllltlber and delete the ~ and ils allllchmenlll 824 Delvat, Cristina From: Sent: To: Cc: Subject HeUo Cristina, Bill A Murphy [billm@securltyalllancegroup.com] Wednesday, April 04. 2012 9:47AM Delvat, Cristina AguHa, Raul; Damien, Elizabeth; Walker, Patricia; !:chert, Georgie RE: Union Bargaining Agreement Yes .••• Security Atliance did reach an agreement and sign a Collective Bargaining Agretm~ent with the SEIU Local 32BJ. The 89f'SE!ment has been in place for about a year and a half. If you need specifics or further details, please let me know. thankyou -bill William Murphy Senior Vsce President Security Alliance, LlC (305) 670-6544 From: Oelvat, Olstina [mallto:CDelvat@mlamlbeachfl.gov] .sent; Wed 4/4/2012 9:31 AM Cc: Aguila, ~uli Damien, 8i:zabeth; Walker, Patricia; Echert, Georgie SUbject: Union Bargaining Agreement Good morning. The Evaluation Committee members of the RFP #23-11/12 for Security Guard Se~ would ttke to know if your company has a union bargaining agreement. Please provide your answer for the record by Friday, April 61 2012. Thank you, MIAMIBEACH Cristi-Delvat Comn!cls Compliance Spttc1alist PROCUREMENT DMSION 1700 Ccmventiori Center Drive, Miami Beach, FL3S139 Tel: 305-G73-74S6 I FJx; 7~/ c:delvat@miam!beacl!f!.gov we • oommltt«< to provtdtng eKCeJ~tJnt public 8eiYic8 8/ld aete:ty to fill 11100 IMJ, work and p1ay tn our vibrant. tropics/, hiatorlc aomrmmJty. p.fjThlak Green. Keep iton·the SCMel1. 825 Delvat, Cristina From: Sent: Andres Correa [andres.correa@usa.g4s.com) Wednesday, April 04, 20121:12 PM To: Delvat, Cristina Subject: RE: Union Bargaining Agreement Good Afternoon Ms. Delvat, We currently have a union bargaining agreement with the International Union, Security, Police, Fire Professional of America (SPFPA) at the South Florida Regional Transportation Authority {SFRTA) in Broward County. 1 hope this answers the question. Please do not hesitate in calling me in the event that you need further clarification. Sincerely,· Andres Correa Manager of Business Development G4S Secure Solutions (USA) .Inc. 5820 Blue Lagoon Drive, Suite 300 Miami, FL 33126 Office: 305 266 2004 Mobile: 305 763 1170 Fax: 305 261 6511 Email: amires.correa@usa.g4s.cqm www,a4s,com/us From: Delvat, Cristina [mallto:CDelvat@miamlbeachfl.govj Sent: Wednesday, April 04, 2012 9:32 AM Cc: Aguila, Raul; Damien, Elizabeth; Walker, Patricia; Echert, Georgie SUbject: Union Bargaining Agreement Good morning, The Evaluation Committee members ofthe RFP #23-U/12 for Security Guard Services would like to know if your company has a union bargaining agreement. Please provide your answer for the record by Friday, April 6, 2012. Thank you, 1 826 RESOLUTION TO BE SUBMITTED 827 THIS PAGE INTENTIONALLY LEFT BLANK 828 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING THE SUBSTANTIVE TERMS OF THE FIRST AMENDMENT TO THE CONCESSION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND DECO BIKE,LLC Key Intended Outcome Supported: Enhance Mobility throughout the City. Supporting Data (Surveys, Environmental Scan, etc.): Issue: Shall the DecoBike Agreement be amended to permit advertising on 40 kiosks? Item Summary/Recommendation: The objective we are trying to achieve for this contract modification is long term fiscal sustainability for this extremely successful public amenity. To accomplish this goal on the operator's side is to recover their $3,715,000 capital investment over the term of the contract as well as make a modest profit. Capital investment recovery is essential because unlike a "brick and mortar business", this business is primarily its capital equipment which depreciates each day, such that at the end of 10 years there is little or no investment left. The City's objective is to provide a public amenity and recover the value of revenue lost from the parking spaces where the DecoBike stations are located through the City's revenue share of the contract. There are approximately 90 parking spaces that generate approximately $3,000 per year each or an expected $2,700,000 over the term of the contract, (without rate increases). Conceptually, advertisements on 40 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 Administration recommends that the mayor and City Commission adopt the resolution Approving The Substantive Terms Of The First Amendment To The Concession Agreement Between The City Of Miami Beach, Florida And Deco Bike,Lic. For The Implementation, Management And Operation Of A Self-Service Bicycle Sharing Program; Authorizing The City Manager And City Attorney's Office To Negotiate And Draft The Final Amendment, Based Upon The Approved Terms ( As Further Referenced In The Term Sheet Attached As Exhibit "A" To This Resolution); And Authorizing The Mayor And City Clerk To Execute The Final Agreement Advisory Board Recommendation: Finance and Citywide Project Committee April19, 2012 and June 28, 2012 Financial Information· . Source of Amount Funds: 1 D .2 '3 OBPI Total Financial Impact Summary: . Caty Clerk's Office Legislative Tracking: Sign-Offs: f) Department Director As · .L. _..pity Manager Y II X ' POW _ll!/"" T. \AGENDA \2012\7 -18-12\decoB•ke summary.docx MIAMI BEACH 829 Account ; City~nager KGB ~ L"Z • AGENDA ITEM _R-'-'1-::-P;......__ DATE }··18-r2.-- lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov MEMO# TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Mattie Herrera Bower and Members of the City Commission Kathie G. Brooks, Interim City Manager ~~ AJ-· July 18, 2012 / A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING THE SUBSTANTIVE TERMS OF THE FIRST AMENDMENT TO THE CONCESSION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND DECO BIKE,LLC. FOR THE IMPLEMENTATION, MANAGEMENT AND OPERATION OF A SELF-SERVICE BICYCLE SHARING PROGRAM; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY'S OFFICE TO NEGOTIATE AND DRAFT THE FINAL AMENDMENT, BASED UPON THE APPROVED TERMS ( AS FURTHER REFERENCED IN THE TERM SHEET ATTACHED AS EXHIBIT "A" TO THIS RESOLUTION); AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL AGREEMENT ADMINISTRATION RECOMMENDATION Adopt the Resolution KEY INTENDED OUTCOME SUPPORTED Enhance Mobility throughout the City. 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. DecoBike, LLC, entered into a concession agreement with the City dated July 15, 2009 in response to RFP 44-07/08 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. 830 ANALYSIS Contract Amendment The objective we are trying to achieve for this contract modification is long term fiscal sustainability for this extremely successful public amenity. To accomplish this goal on the operator's side is to recover their $3,715,000 capital investment over the term of the contract as well as make a modest profit. Capital investment recovery is essential because unlike a "brick and mortar business", this business is primarily its capital equipment which depreciates each day, such that at the end of 10 years there is little or no investment left. The City's objective is to provide a public amenity and recover the value of revenue lost from the parking spaces where the DecoBike stations are located through the City's revenue share of the contract. There are approximately 90 parking spaces that generate approximately $3,000 per year each or an expected $2,700,000 over the term of the contract, (without rate increases). 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 recover the City's foregone parking revenues 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.) Concession Agreement Review 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 831 provide the services that the public has come to expect, the business has a very high ratio of expense to revenue. 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. We generated and evaluated 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, • Providing different replacement cycles for bicycles and equipment, and • Using different rates per hour for the Concession bicycle rentals 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. Proposed Contract Amendment Terms Exhibit A delineates the proposed terms of the First Amendment to the Concession Agreement Between The City Of Miami Beach, Florida And Deco Bike,Lic. For The Implementation, Management And Operation Of A Self-Service Bicycle Sharing Program. These contract terms are based on Option "J" (See attached Exhibit B) as recommended by the Committee. April 19, 2012 Finance and Citywide Projects Committee The proposed contract amendment was presented to the Committee and the Committee recommended the amendment which permits advertising on 40 kiosks in commercial areas and further recommended limiting the rate increase to $6 for an hour and adjusting the City's percent of revenue sharing, if possible. Additio-oally it was recommended to base the 3% profit on revenues and expenditures subject to ordinary, normal, and customary charges with limited discretionary items; and that the Legal Department review the legal provisions. June 6, 2012 City Commission Meeting The proposed Amendment to Sec. 82-414.-Permitted signs, shelters and advertising in public rights-of-way-was presented at the June 6, 2012 Commission Meeting and was approved on first reading. However, a number of questions regarding the proposed contract changes were raised by Commissioner Libbin and the item was referred back to 832 the Finance and Citywide Projects Committee for a discussion of contract alternatives that would permit the DecoBike operation to be sustainable without receiving revenues from the proposed advertising on forty kiosks in commercial areas. June 28, 2012 Finance and Citywide Projects Committee The proposed contract amendment was referred back to the Finance Committee from the June 6, 2012 Commission meeting for a discussion of alternatives to kiosk advertising. The Contract amendment alternatives were presented to the Committee and the Committee recommended the amendment which permits advertising on 40 kiosks in commercial areas and agreed to Option "J" (See attached Exhibit 8) which permits the hourly rate to increase to $7 per hour Additionally it was recommended to base the 3% profit on revenues and expenditures subject to ordinary, normal, and customary charges with limited discretionary items. Advertising Ordinance Committee and Public 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 could 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 sharing program had only been in operation for 6 months. 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. Advertising Ordinance Change The Finance Committee recommended at both the April 19, 2012 meeting and the June 28, 2012 meeting that advertising be permitted for the forty (40) bicycle kiosks, the following represents the proposed language required to effectuate the change. 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 kiosks as part of a city-sponsored bicycle rental and sharing program, with advertising thereon. Such signs, shelters, bicycles and bicycles kiosks shall be subject to all applicable permitting requirements and design reviews as provided for in the Land Development Regulations. (Ord. No. 2001-3318, § 1, 9-5-01; Ord. No. 2010-3674, § 1, 3-10-10) 833 Conceptually, advertisements on 40 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. Conclusion The Administration recommends that the mayor and City Commission adopt the resolution Approving The Substantive Terms Of The First Amendment To The Concession Agreement Between The City Of Miami Beach, Florida And Deco Bike,Lic. For The Implementation, Management And Operation Of A Self-Service Bicycle Sharing Program; Authorizing The City Manager And City Attorney's Office To Negotiate And Draft The Final Amendment, Based Upon The Approved Terms (As Further Referenced In The Term Sheet Attached As Exhibit "A" To This Resolution); And Authorizing The Mayor And City Clerk To Execute The Final Agreement. KGB:PDW T:\AGENDA\2012\7-18-12\Decobike Memo.Docx 834 TERM SHEET EXHIBIT A THE FIRST AMENDMENT TO THE CONCESSION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND DECO BIKE,LLC. FOR THE IMPLEMENTATION, MANAGEMENT AND OPERATION OF A SELF-SERVICE BICYCLE SHARING PROGRAM Contract term Rate increase City Revenue Share Advertising Begin a new ten year fixed term effective with the date new contract is approved. 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 recover approximately two thirds of his initial investment. Exempt merchant fees along with sales tax from the City share calculation. 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 shall receive 12% of the gross revenue on kiosk advertising. Gross kiosk advertising revenues are projected at $480,000 annually, resulting in a net to the Concessionaire of $422,400 after the 12% payment to the City. The $422,400 is then split 50/50 with the advertising company. The actual rate of return to the City is 27% of the Concessionaire's net advertising revenues. The City will continue to receive 25% of the advertising revenues on basket advertising. The amendment to the City's advertising ordinance will permit advertising on kiosks. The standards will include being located in strictly commercial corridors, not facing any residential areas, with the advertising content subject 835 TERM SHEET EXHIBIT A THE FIRST AMENDMENT TO THE CONCESSION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND DECO BIKE,LLC. FOR THE IMPLEMENTATION, MANAGEMENT AND OPERATION OF A SELF-SERVICE BICYCLE SHARING PROGRAM to specific review and approval by the City Manager or his designee. 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. Additionally, the City has an Exclusive Non-Alcoholic Beverage Partnership with Coca-Cola. The Agreement provides that third party users of city facilities, are prohibited from advertising competitive brands of non- alcoholic beverages. Third party users include entities under contract with the City for management services, as well as entities that lease, rent or otherwise have certain rights to city-owned property/facilities, including through a special event permit for use of public property. DecoBike advises that their advertising company requires a minimum size of 22" x 48" to generate the revenue included in the projections. Operator's Return of 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. ; the 3% profit will be based on revenues and expenditures subject to ordinary, normal, and customary charges and with limited discretionary items. 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 836 TERM SHEET EXHIBIT A THE FIRST AMENDMENT TO THE CONCESSION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND DECO BIKE,LLC. FOR THE IMPLEMENTATION, MANAGEMENT AND OPERATION OF A SELF-SERVICE BICYCLE SHARING PROGRAM 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, calculated at the appropriate 12 or 15% rate. Additionally, added to the cap will be the cumulative difference, if any, between the foregone revenue of $3000 per parking space per year (approximately 90 spaces) and the cumulative 12%/15% City revenue share on walk-ups and membership fees. 837 KE PRO-FORMA 0.12 0.03 DecoBike Profit IT advertising rate 0.12 (27% on net) Return of Capital @$7/60 IT rebate -$1.SM declining to 0 in yr 7 DecoBike Total increase 60 min to $7 and use actual members Walk-ups 1,821,313 1,885,059 1,951,036 2,019,322 Memberships 489,144 506,264 523,983 542,323 Basket Advertising 60,000 61,800 63,654 65,564 Kiosk Advertising Gross Revenue 2,370,457 Line Expenses Merchant Fees FLSales Tax City Revenue SharE Total Top Line co Bottom Line expenses w co Labor 1,010,520 1,040,836 1,072,061 1,104,222 Leases 70,022 72,122 74,286 76,515 Utilities 22,800 23,484 24,189 24,914 Office Expenses 9,000 9,270 9,548 9,835 Supplies 24,000 24,720 25,462 26,225 Advertising 61,200 63,036 64,927 66,875 Kiosk Advertising Expense 211,200 217,536 224,062 Freight 12,000 12,360 12,731 13,113 Communication 39,564 40,751 41,973 43,233 Insurance 36,000 37,080 38,192 39,338 Sub-contractors 38,400 39,552 40,739 41,961 Vehicles 45,996 47,376 48,797 50,261 Bike Repair & Repl; · 300.000 309.000 318.270 327.818 Total Bottom Line; Expenses Net Income 3% profit 111,453 111,453 111,453 111,453 return of capital 237,367 403,010 393,203 384,326 Cumulative return of capital 640,377 1,033,580 1,417,906 2,089,999 2,163,149 561,304 580,950 67,531 69,556 1,137,349 1,171,470 78,810 81,174 25,662 26,431 10,130 10,433 27,012 27,823 68,881 70,948 230,784 237,707 13,506 13,911 44,530 45,866 40,518 41,734 43,220 44,516 51,769 53,322 337.653 347.782 111,453 111,453 376,418 369,520 1,794,324 2,163,844 advertising kiosks rev-cs/2 + expense Capital Return Bike ro.on~ir/ronbro 2,238,859 2,317,219 601,283 622,328 71,643 73,792 EXHIBITS 40 0 10 2,398,321 644,109 76,006 1,206,614 1,242,812 . 1,280,097 83,610 86,118 88,701 27,224 28,041 28,882 10,746 11,069 11,401 28,657 29,517 30,402 73,076 75,268 77,526 244,839 252,184 259,749 14,329 14,7S8 15,201 47,241 48,659 50,118 42,986 44,275 45,604 45,852 47,227 48,644 54,922 56,569 58,266 358.216 368.962 380.031 111,453 111,453 111,453 361,171 383,272 406,407 2,525,015 2,908,286 3,314,694 yr2 yr3 yr10 2,482,263 666,653 78,286 1,318,499 91,362 29,749 11,743 31,315 79,852 267,542 15,657 51,622 46,972 50,103 60,014 39 111,453 TOTAL 21,366,539 5,738,341 687,833 RESOLUTION TO BE SUBMITTED 839 THIS PAGE INTENTIONALLY LEFT BLANK 840 R7 -Resolutions R7Q A Resolution Approving An Agreement Between The City Of Miami Beach And Interim City Manager Kathie G. Brooks, And Authorizing The Mayor And City Clerk To Execute The Agreement. (City Attorney's Office) {Memorandum & Resolution to be Submitted in Supplemental) Agenda Item R7 Q Date ]-01-/2. 841 THIS PAGE INTENTIONALLY LEFT BLANK 842 R9 NEW BUSINESS AND COMMISSION REQUESTS 843 :::0 <.0 j\ /\ ! /\ I\!\ j /~\ City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov OFFICE OF THE CITY CLERK, Rafael Granado, 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 c; ~i~ion Kathie G. Brooks, Interim City Manager /,./i~~ · July 18, 2012 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 9 9 14 17 City Commission Commissioner Michael G6ngora Commissioner Deede Weithorn Commissioner Jerry Libbin Commissioner Jonah M. Wolfson Commissioner Jorge Exposito Commissioner Michael G6ngora Commissioner Jonah M. Wolfson Commissioner Michael G6ngora Kathie G. Brooks, Int. City Manager 1 Page 6 1 Page 10 1 Page 11 1 1 1 2 1 Page 13 1 2 Agenda Item R? A-__ ,;.,...;,...;..,.;. __ We are committed to providing excellent public service and safety to all who live, work and play in ~ Date 2=/K-/l- 845 VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE Disability Access Committee 7 Commissioner Ed Tobin 1 Page 19 Fine Arts Board 14 Commissioner Deede Weithorn 1 Page 21 Health Advisory Committee 11 City Commission 1 Page 24 Health Facilities Authority Board 6 City Commission 1 Page 26 Hispanic Affairs Committee 7 Mayor Matti Herrera Bower 1 Page 27 Marine Authority 7 Mayor Matti Herrera Bower 1 Page 31 Miami Beach Commission For Women Miami Beach Cultural Arts Council Miami Beach Sister Cities Program Planning Board Single Family Residential Review Panel 21 9 24 7 3 Commissioner Ed Tobin Commissioner Michael G6ngora City Commission Mayor Matti Herrera Bower City Commission Kathie G. Brooks, Int. City Manager 846 1 Page 32 2 1 Page 33 4 Page 35 1 Page 40 3 Page45 VACANCIES BOARD OR COMMITTEE: TOTALMBRS. APPOINTED BY: TOTAL VAC PAGE Attached is breakdown by Commissioner or City Commission: JMG:REG/sp 847 City Commission Committaas Committaa First Nama Appolntod by Finance & Citywide Projects Committee Chairperson Commissioner Deede Weithorn Mayor Bower Vice-Chair Commissioner Jorge Exposito Mayor Bower Member Commissioner Michael G6ngora Mayor Bower Alternate Commissioner Jerry Libbin Mayor Bower Liaison Patricia Walker, Chief Financial Off. Land Use & Development Committee Chairperson Commissioner Michael Gongora Mayor Bower Vice-Chair Commissioner Jonah Wolfson Mayor Bower Member Commissioner Jerry Libbin Mayor Bower Alternate Commissioner Ed Tobin Mayor Bower Liaison Richard Lorber, Acting Planning Dir Neighborhood/Community Affairs Committee Chairperson Commissioner Edward L. Tobin Mayor Bower Vice-Chair Commissioner Jerry Libbin Mayor Bower Member Commissioner Jorge Exposito Mayor Bower Alternate Commissioner Jonah Wolfson Mayor Bower Liaison Barbara Hawayek, Building Dept. Monday, July 02, 2012 Page 1 of 1 848 NON-CTIY COMMISSION COMMITTEES Ricky Arriola Term ending May 2014 Mitchell Kaplan Term ending September 2012 Richard Milstein Term ending July 2014 The Adrienne Arsht Center for the Performing Arts Center Trust Mayor Matti Herrera Bower Citizens Oversight Committee Greater Miami Convention and Visitors Bureau (GMVB) Tourism Development Council Reappointed 3/21/2012 Metropolitan Planning Organization (MPO) Vacant Miami-Dade County Homeless Trust Board Commissioner Michael Gongora Miami Dade League of Cities Vacant Dade Cultural Alliance Victor Diaz effective 5/09/2012 Miami-Dade County Charter Review Task Force F:\CLER\$ALL\a City Commission\NON-CITY COMMISSION COMMITIEES.doc 849 THIS PAGE INTENTIONALLY LEFT BLANK 850 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: Mayor Matti Herrera Bower and Members of the c~·ty ~/ission Kathie G. Brooks, Interim City Manager ;f' A ;/"~ July 18, 2012 SUBJECT: BOARD AND COMMITTEE APPOINTMENTS -CITY COMMISSION APPOINTMENTS ADMINISTRATION RECOMMENDATION Make appointments as indicated. BOARDS AND COMMITTEES 1. Capital Improvements Projects Oversight Committee 2. Health Advisory Committee 3. Health Facilities Authority Board 4. Miami Beach Cultural Arts Council 5. Planning Board KGB/REG 'eJ F:\CLER\$ALL\a City Commission\Commission Memo B & C FOR 07-18-12.doc 851 Agenda Item R9 AI Date 7-1 g-; 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: To replace Richard (C5) Engineer (Rick) Kendle Members: Name Brian Christina Dwight Eleanor Elizabeth Saul Stacy Tony Applicants Last Name Ehrlich Cuervo Kraai Carney Camargo Gross Kilroy Trujillo --- Friday, June 29, 2012 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 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 Page 6 of 51 (Continued .... 852 Board and Committees Current Members Annsheila Turkel Christian Folland Gerhard Rima lvette Isabel Borrello James Lloyd Josh Gimelstein Rima Gerhard Ronald Starkman Friday, June 29, 2012 Cheryl Jacobs Dominique Bailleul Guy Simani Jacobs Jacobs Jason Green Michael Laas Robert Rabinowitz 853 Page 7of51 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: Members: Name Anthony Baruch Dr. Andrew Dr. Jay Dr. Stacey Harold Rachel Shaheen Steven Tobi Maria Rulz Marisel Losa To replace Kathryn CEO MB Community He 12/31/2012 City Commission Abbate Last Name Position/Title Japour ACLF Jacobs M.D. Health Provider Nullman Physician Rein berg Physician Kruger Physician Foster Private Individual Schuster ACLF Wirk Private Individual Sonenreich CEO/Mt. Sinai/MH (NTL) Ash Nursing Profession ex-officio, Director of Children's Affairs Rep. from the Health Council of South Fla Term Ends: Appointed by: 12/31/2012 City Commission 12/31/2013 City Commission 12/31/2012 City Commission 12/31/2012 City Commission 12/31/2012 City Commission 12/31/2013 City Commission 12/31/2012 City Commission 12/31/2013 City Commission 12/31/2012 City Commission 12/31/2013 City Commission Term Limit: 12/31/16 12/31/15 12/31/14 12/31/16 12/31/16 12/31/15 12/31/16 12/31/15 12/31/15 Applicants Position/Title Applicants Position/Title Caroline Cardenas Daniel Brady Ivan Rusilko Friday, June 29, 2012 ------------------------------------------ Charlotte Tomic Eli Strohli Jared Plitt 854 Page 24 of 51 (Continued .... Board and Committees Current Members Michael Baum Paul Venetie Todd Narson Friday,June2~2012 Michael Steffens Samuel Reich 855 Page25of51 Board and Committees Current Members Health Facilities Authority Board Composition: Four ( 4) year terms. Five (5) members shall consist of; two (2) health providers, Sec. 2-111 one (1) individual in the field of general business who possesses good standing in the community; one (1) accountant and; one ( 1) attorney. The chairperson of the Health Advisory Board shall serve as a non-voting advisor to the Authority. Members shall be residents of the City. Florida Statute 154.207 No term Limits. City Liaison: Patricia Walker Appointments To Be Made : Arthur Unger Accountant Members: Name Last Name -----------·------·-- Allison Marc Mark Sidney Stone Umlas Sinnreich Goldin Position/Title Attorney Health Provider Health Provider General Business vacant Chairperson, Health Advisory Board Applicants Eli Strohli Miguel Antonio Aviles Rosalie Pincus Shaheen Wirk Friday, June 29, 2012 Position/Title 06/19/2012 City Commission FS 154-2( Term Ends: Appointed by: Term Limit: -------------------- 06/19/2013 City Commission 06/19/2014 City Commission 06/19/2015 City Commission 06/19/2014 City Commission Applicants Michael Baum Rachel Schuster Samuel Reich 856 Position/Title Page26of51 FS-154-207 FS-154-207 FS 154-207 FS 154-207 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: To replace Ileana Bravo-Gordon Members: Name Last Name Position/Title ----·---·---------· Beatrice Hornstein Charles Million Daniel Nove Ia Ed a 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 Jenna Ward Karlene Mcleod Maria Cifuentes Marrero Melvin Brazer Molly Leis Monica Minagorri Oliver Oberhauser Paul Venette Robert Barrera Tamra Sheffman Zarco Cyn Friday, June 29, 2012 Position/Title 12/31/2012 City Commission Term Ends: Appointed by: Term Limit: 12/31/2012 City Commission 12131/2013 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 Jean-Francais Lejeune Jonathan Parker Kumar Prakash Mark Alhadeff Michael McManus Monica Harvey Nathaniel Kom Patti Hernandez Rebecca Diaz Robert Newman Wetherington Janda .. 857 Position/Title Page33 of51 12/31/15 12/31/17 12/31/15 12/31/14 12/31/15 12/31113 12/31/15 12/31/17 12/31/13 12/31/14 Board and Committees Current Members Planning Board Sec. 118-51 Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) regular voting members. The voting members shall have considerable experience in general business, land development, land development practices or land use issues. The board shall at a minimum be comprised of: one registered architect or a member of the faculty of a school of architecture in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture, or a professional architectural designer or professional urban planner, one developer, one attorney who has considerable experience in land use and zoning issues, and one person who has education and/or experience in historic preservation issues. For purposes of this section, the term "education and/or experience in historic preservation issues" shall be a person who meets one or more of the following criteria: (1). Has earned a college degree in historic preservation (2). Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or (3). Is recognized by the city commission for contributions to historic preservation, education or planning. No person except a resident of the city, or an individual having their main business interest in the city shall be eligible for appointment to the Planning Board. City Liaison: Katia Hirsh. Vacancy: To replace Leslie Architect Tobin Members: Name Last Name Charles Urstadt Daniel Veitia Henry Stolar Jonathan Beloff Randy Weisburd Robert Wolfarth Applicants Alexander Annunziato Beth Dunlop Bryan Rosenfeld Francis Steffens Gary Twist Guy Simani Jean-Francais Lejeune Jessica Conn Joy Malakoff Lior Leser Mark Alhadeff Noah Fox Position/Title ·----~···--------·- General Business Historic Preservation General Business Attorney General Business Developer Position/Title 12/31/2012 City Commission Term Ends: Appointed by: Term Limit: -------- 12/31/2013 City Commission 12/31/17 12/31/2012 City Commission 12/31/14 12/31/2013 City Commission 12/31/13 12/31/2013 City Commission 12/31/15 12/31/2012 City Commission 12/31/13 12/31/2013 City Commission 12/31/17 Applicants Position/Title Avi Ciment Brian Ehrlich Daniel Garcia Frank Kruszewski Gilbert Squires Jane Gross Jeffrey Cohen John Stuart Leonard Wien, Jr. Maria Gomez Mario Courtney Scott Needelman 858 R9 -New Business and Commission Requests R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.) AGENDA ITEM: R981-2 DATE: 1-lf-t-z- 859 THIS PAGE INTENTIONALLY LEFT BLANK 860 R9 -New Business and Commission Requests R9C Florida Department Of Transportation (FDOT) Project's Status Report Presentation. (Requested by Neighborhood/Community Affairs Committee) (Legislative Tracking: Public Works) 861 Agenda ltem~R ....... 1..._C.. __ Date_]'---.:....1 ¥_-.:......;;/ 2...::::::..- THIS PAGE INTENTIONALLY LEFT BLANK 862 OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Kathie Brooks, City Manager Rafael E. Granado, City Clerk Jorge R. Exposito, Vice-Mayor July 9, 2012 Agenda item: Healthy Initiative MEMORANDUM Please place a discussion item on the July 18, 2012 Commission Meeting Agenda relating to Healthy Initiatives being implemented by the Parks and Recreation Department in the City of Miami Beach. We trust that you will find all in good order. Should you have any questions, please feel free to contact my aide, Barbie Paredes at 6457. Best regards, JRE/bp We are cammitred to providing excellent ,oubiic se01ice and safe·. to ali who iive, work, and play in our vi6 863 Agenda ltem._.u.R.....:.'I.....,D:;.__ Date____.J~..--.:..:::1 g.:....:.-1-='L-:;;....__ THIS PAGE INTENTIONALLY LEFT BLANK 864 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jorge M. Gonzalez, City Manager From: Jonah Wolfson, Commissioner Date: Junel41h,2Ql2 Re: Commission Agenda Discussion Item . Please place on the July l81h, 2012, Commission Agenda a Discussion Item on the attached letter from the distinguished John Rivera, PBA President. Should you have any questions, please contact Leonor Hernandez at Extension 6437. Agenda Item Rq E We are committed Ia pravidmg excellent public service and safe' .. to all who !tve. work, and play in our vj Date--7:...:-"""/....;.~---1 -2-- 865 THE VOICE OF LAW ENFORCEMENT DADE COUNTY POLICE BENEVOLENT ASSOCIATION, INC. Via Email and Regular US. Mail June 14, 2012 Honorable Matti Herrera Bower City of Miami Beach Office of the Mayor and Commission 1700 Convention Center Drive Miami Beach, FL 33139 RE: City of Miami Beach and Sergeant Manuel Moraga Review of Termination Dear Mayor Bower: My name is John Rivera and I am the President of the Dade County Police Benevolent Association. Although the PBA is not the certified bargaining agent for officers and sergeants employed by the City of Miami Beach, there are many individual officers and sergeants whom are PBA members and utilize the PBA for legal representation. One of those employees is Sergeant Manuel Moraga. As you may know, Sergeant Moraga was tem1inated from the City on November 4, 2011. He has filed a grievance and a two-day arbitration hearing has been scheduled for August 15th and 16th. In light of recent events in the City, including the resignation of City Manager Jorge Gonzalez and the City Commission's decision to have the disciplinary action taken against another City officer Eric Dominguez reviewed, I am writing this letter to request that the City do the same for Sergeant Moraga. I apologize in advance for the length of this letter, but as this matter involves the termination of a long-tenured City employee, I believe it is necessary to set forth some of the more important reasons we are requesting this review. Sergeant Moraga was terminated based upon an internal investigation into supervision of the police department on the midnight shift on the July 2-3, 2011 and the police department as a whole. As you know, during the early morning hours of July 3rd, a City officer was involved in an ATV accident on the beach causing injuries to civilians, one of which was riding on the back of the A TV. It has been alleged that this officer was drinking at the Clevelander Bar with another officer prior to taking one of the civilians for the ride on the ATV. This incident brought a great deal of negative media attention and scrutiny to the City of Miami Beach. The City terminated the two officers promptly and opened up an intemal investigation into the supervisors assigned to the midnight shift during the time of the incident, whiq_h morphed into a broader investigation involving various.levels of supervision in the police department. From the start the City's investigation and its administration of discipline was willfully lacking any indicia of fairness and was clearly directed to make Sergeant Moraga a political scapegoat. We believe this was entirely at the direction of the soon to be former City Manager, vis a vis, the City's Human John Rivera, President • 10660 PBA Memorial Boulevard • (Northwest 25th Street) • Miami, Florida 33172-2108 Telephone: 305-593-0044 • Fax: 305-436-0142 • e-mail:pba@dcpba.org • website: www.dcpba.org 866 Resources Department, namely Ramiro lgnuanzo and Robin Porter. Unlike any investigation into alleged police misconduct I have ever seen, this investigation was transparently facilitated by Mr. lnguanzo and Ms. Porter to be done in a vacuum by ignoring the totality of the circumstances surrounding the incident, including the presence of mitigating circumstances, systemic breakdowns in policy, and lax culture of supervision in the police department. The facts were manipulated to paint a picture that Sergeant Moraga was grossly negligent in failing to supervise the officer who was assigned to the middle district who was at the Clevelander Bar with the officer involved in the ATV accident and that he left early without permission and without submitting a leave slip. Exculpatory and mitigating evidence was omitted or downplayed. We believe that an unbiased review of the totality of this matter will prove that the termination was not just. On the night of the incident, Sergeant Moraga was the assigned supervisor in area three (north district) of the city. Despite the fact that this was a Saturday night on a holiday weekend and the very next holiday after the Memorial Day holiday (which also brought a great deal of media scrutiny to the City), the City did not assign a sergeant to area two (middle district) on that evening and thus Sergeant Moraga was informed at the beginning of the shift that he was required to cover the sergeant responsibilities for that area as well. He was assigned to supervise twelve officers, which according to Department policy and a generally accepted principle for accredited law enforcement agencies, is the maximum span of control for any one supervisor. Moreover, it is undisputed that on this evening there were 42 calls for service, including a strong-armed robbery call and missing juvenile call, that went out in areas two and three where Sergeant Moraga was the only sergeant assigned, as opposed to area one (south district) where there were two regularly assigned sergeants, along with another sergeant and lieutenant assigned in an overtime basis, for 58 calls for service, only slightly more than the areas that Sergeant Moraga was supervising by himself. Sergeant Moraga was heard on the radio assisting his officers throughout the shift, in addition to completing any other administrative tasks expected of him as a supervisor. Sergeant Moraga was not in charge of supervising the officer involved in the ATV accident, who was the primary cause of this entire incident. While the second officer who was seen at the Clevelander Bar was assigned to the middle district that Sergeant Moraga was covering that evening, there were multiple systemic policy breakdowns that contributed to this officer not being in his assigned district, along with, of course, the officer's own intentional act of choosing not to be. There were policy changes regarding areas of patrol and radio procedures subsequent to this incident, which sought to rectify these contributing factors. ' Moreover, while it is true that Sergeant Moraga did leave early on this evening; he had pe1mission to do so, had been ill since beginning of the shift, was never told he was required to stay, and even notified the dispatcher on the radio tl1at he was leaving. The policies that Sergeant Moraga allegedly violated regarding officers and supervisors coming in late or leaving early and not submitting leave slips and/or the lax enforcement of these policies have all been changed subsequent to this incident to ensure enforcement going forward. . Despite the fact that Sergeant Moraga was not assigned to supervise the officer who was actually involved in the A TV accident, nor was he assigned to supervise the area where the accident occurred, he was the only supervisor that the City fired. It would seem logical that out of all the supervisors working that evening, Sergeant Moraga would be the least culpable, not the most. In light of the City's investigation that revealed systemic breakdowns in policy and a lax culture of supervision, it is incomprehensible that one sergeant supervising the middle and north areas at the maximum span of control on a busy holiday weekend and who was not even assigned to supervise the John Rivera, President • 10680 Northwest 25 Street· Miami, Florida 33172~2108 • 305-593-0044 ·• Fax: 305-436-0142 867 officer involved in the ATV accident can be the only supervisor in the entire department to pay the ultimate price of losing his job. It does not make sense and is cruelly unfair to an employee who has been employed by the City since 1997 and as a police officer since 1999. This is not an employee, who like other City employees that have been in the media recently, committed deliberate misconduct for personal gain. Nor, is this an employee who defiantly and flagrantly thumbed his nose at City policies. Rather, this is a hard- working employee, who even after this incident, at the same time the City was conducting its one-sided investigation into this matter, continued to work as a supervisor and received a cotmnendation in August 2011 for his interaction with the public. We believe there is no plausible explanation for what happened to Sergeant Moraga other than he was the former City Manager's political scapegoat. This is further evidenced by the fact that, prior to the final disciplinary action being taken against Sergeant Moraga, The City's Human Resources Department released information contained in the internal affairs file to the media, although pursuant to state law, such information is not subject to public records disclosure until the disciplinary action becomes final. The effect of Sergeant Moraga's friends and. family reading this information even before the City had fired him was demoralizing, but it pales in comparison to the difficulty he has had in attempting to provide for his family and the emotional stress he has been under since his termination. In conclusion, Sergeant Moraga is asking the City place an item on the Commission agenda to review the fairness of the internal investigation and the administration of the disciplinary action taken against him, just like it is doing for Officer Dominguez. Obviously, this review could potentially save the time and expense of a lengthy arbitration hearing and further litigation, but more importantly, just like the information that was presented at the May 91h Commission meeting in support of Officer Dominguez, who was given a suspension without pay and suspension from utilizing a take-home vehicle, this is about a good employee who has been treated unjustly for political motives. While in no way intending to downplay the significance of the case involving Officer Dominguez, the only difference is that this is a man's career at stake. Thank you in advance for your attention to this matter. Cc: Vice-Mayor Jerry Libbin Commissioner Jorge Exposito Commissioner Michael Gongora Commissioner Jonah Wolfson Commissioner Edward Tobin Commissioner Deede Weithom Manuel Moraga John Rivera, President • 10680 Northwest 25 Street· Miami, Florida 33172-2108 • 305-593-0044 • Fax: 305-436-0142 868 R9 -New Business and Commission Requests R9F Presentation Regarding The Use Of Public Surveillance Cameras. (Requested By Neighborhood/Community Affairs Committee) (Legislative Tracking: Police Department) 869 Agenda Item R1 f Date 7-18-17_ THIS PAGE INTENTIONALLY LEFT BLANK 870 C9 MIAMI BEA<::r1 OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Kathie Brooks, Interim City Manager Rafael E. Granado, City Clerk Jorge R. Exposito, Vice-Mayor July 10, 2012 Agenda item: Pension Reform MEMORANDUM Please place a discussion item on the July 18, 2012 Commission Meeting Agenda and also refer to the Finance & Citywide Projects Committee regarding Pension Reform and the Budget Advisory Committee's recommendation to discuss positional for referendum. We trust that you will find all in good order. Should you have any questions, please feel free to get in touch with my aide, Barbie Paredes at extension 6457. Best regards, JRE/bp We are committed to providing excellent public sep;ice and safe,1 to ali who live, work, and play in our vibroj Agenda ltem_....;R~q:....;::.G-__ _ Date 7-IK-IL 871 THIS PAGE INTENTIONALLY LEFT BLANK 872 R9 -New Business and Commission Requests R9H Discussion Item Regarding Former City Manager, Jorge Gonzalez's Contract Terms. (City Attorney's Office) : Agenda Item R ~ H Date 1-(~-12.- 873 THIS PAGE INTENTIONALLY LEFT BLANK 874 R10 CITY ATTORNEY REPORTS 875 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jose Smith, City Att DATE: July 18, 2012 SUBJECT: City Attorney's Status Report LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT 1. Robert Peri v. City of Miami Beach, Case No.: 12-10160 SP 05 (Circuit Court- 11th Judicial Circuit in and for Miami-Dade County, Florida) This is a small claims matter, involving the sale (illegal vending) of non-alcoholic beverages by Robert Peri (the "Plaintiff') in various locations throughout the City of Miami Beach. The Plaintiff has alleged that the City of Miami Beach negligently deprived him of the monetary benefit surrounding the use of Plaintiff's personal property based upon, Plaintiff's misdemeanor arrest for soliciting business upon the City of Miami Beach's property in violation of Sections 74-1 and 82-1 of the Miami Beach Code. The Plaintiff has alleged that the Miami Beach Police Department, in conjunction with the arrest of the Plaintiff, improperly seized as evidence the Plaintiff's bicycle and cooler, which was utilized for the illegal vending activities in the City of Miami Beach. The allegations against the City of Miami Beach are without merit, and the City Attorney's Office will filing a Motion to Dismiss. 2. U.S. Bank. N.A. vs. Carlos Lopez. et al., Case No. 12-20357 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 6331-33 SW 80 Street, Miami, Florida. The Summons and Complaint were served on the City on May 30, 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 May31, 2012. 3. As Lily, LLC vs. Aloiette Gonzalez. et al., Case No. 09-36569 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 6969 Collins Avenue, Unit 314, Miami Beach, Florida. The Summons and Verified Amended Complaint were served on the City on May 29, 2012. Agenda Item BIOA 877 Date 1-18-lk City Attorney's Report July 18, 2012 Page2 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 June 5, 2012. 4. Onewest Bank. F.SB. vs. Elena Marshall. et al.. Case No. 12-20827 CA 40 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 7149 Bay Drive, Unit 8, Miami Beach, Florida. The Summons and Complaint were served on the City on June 1, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on June 5, 2012. 5. The Bank of New York Mellon vs. Luis Rivera. et al., Case No. 12-20883 CA 31 (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 1700 W 58th Street, Unit 7, Hialeah, Florida. The Summons and Complaint were served on the City on June 4, 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 June 6, 2012. 6. Rita Mohi-Stone v. City of Miami Beach, Case# 12-21440 CA 21(Circuit Court- 11th Judicial Circuit in and for Miami Dade County). The City was served with this complaint on June 7, 2012 alleging that on December 28, 2009, the plaintiff, fell on the sidewalk at 1100 Fairway Drive, in Miami Beach, Florida as a result of the deterioration of the above referenced sidewalk that led to significant changes in the elevation that were in violation of the Florida Building Code. Plaintiff is alleging injuries and pain and suffering as a result of the fall. We shall file our answer and propound discovery to the plaintiff. 7. Bawiew Loan Servicing, LLC vs. Margarita Z. Yuhico. et al., Case No. 12-20518 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 8321 Crespi Boulevard, Miami Beach, Florida. The Summons and Complaint were served on the City on June 7, 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 June 12, 2012. 878 City Attorney's Report July 18, 2012 Page3 8. Onewest Bank. FSB vs. Ramon Perez. et al.. Case No. 12-21749 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 442 NW 7 Avenue, Homestead, Florida. The Summons and Complaint were served on the City on June 12, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on June 14, 2012. 9. Rachel Grover v. City of Miami Beach, Case# 12-22417 CA 42(Circuit Court- 11th Judicial Circuit in and for Miami Dade County). The City was served with this complaint on June 13, 2012 alleging that on December 31, 2010, the plaintiff, being five (5) months pregnant, was walking along 939 W. 47th Court when she tripped and fell due to a significant unexpected, uneven rise in the sidewalk. Plaintiff is alleging that the City of Miami Beach is responsible for maintaining and repairing said sidewalk. The plaintiff is also alleging injuries, pain and suffering as a result of the fall. We shall file our answer to plaintiff's complaint and propound discovery to plaintiff. 10.The Bank of New York Mellon vs. Adil Benjelloun. et al.. Case No. 12-21819 CA 31 (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 5640 Collins Avenue, Unit 4D, Miami Beach, Florida. The Summons and Complaint were served on the City on June 13, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on June 19, 2012. 11. Cedrick Perkins. Carlson Saint Louis and Marcelline Azor as Proposed Personal Representative of the Estate of Raymond Herisse. deceased v. City of Hialeah and City of Miami Beach. Florida Municipal Corporation Case No. 12-22621 CA42 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This lawsuit pertains to the shootings which took place during Memorial Weekend of 2011. Cedrick Perkins, Carlson Saint Louis, and Marcelline Azor, as Proposed Personal Representative of the Estate of Raymond Herisse, deceased (the "Plaintiffs") have filed a four (4) count Complaint against the City of Miami Beach and the City of Hialeah, which has alleged causes of action founded upon the failure to disclose public records pursuant to the Florida Public Records Act. The Plaintiffs Complaint seeks Injunctive Relief, and in the alternative, the issuance of a Writ of Mandamus against the City of Miami Beach and the City of Hialeah for the production of those active criminal investigative documents. The Complaint fails to properly allege each and every element necessary for 879 City Attorney's Report July 18, 2012 Page4 Injunctive Relief, or a legal basis upon which to issue a Writ of Mandamus, and in that regard, the City of Miami Beach has filed a Motion to Dismiss the matter. The City Attorney's Office shall vigorously defend the lawsuit. 12.Nationstar Mortga~e LLC vs. Ricardo D. Garcia. et al., Case No. 12-22323 CA 31 (Circuit Court-11 h Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 2899 Collins Avenue, Unit 736, Miami Beach, Florida. The Summons and Complaint were served on the City on June 20, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on June 21, 2012. 13. Bank of America. N .A. vs. Jose Mendez. et al.. Case No. 11-42493 CA 1 0 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 710 Washington Avenue, Unit 423, Miami Beach, Florida. The Summons and Amended Complaint were served on the City on June 22, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on June 26, 2012. 14.Bank of America. N.A. vs. Vanna 0. Stringo. et al.. Case No. 12-10795 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 1 00 Lincoln Road, PH14, Miami Beach, Florida. The Summons and Complaint were served on the City on June 22, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on June 26, 2012. 15. Federal National Mortgage Association vs. Gordon W. Troise. et al.. Case No. 12-23958 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 731 6th Street, Unit 205, Miami Beach, Florida. The Summons and Complaint were served on the City on June 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 June 28, 2012. 880 City Attorney's Report July 18, 2012 Page5 16.JPMorgan Chase Bank. N.A. vs. Zolia Lily Marchena. et al., Case No. 12-24626 CA 25 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 642 Michigan Avenue, Unit 4, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on June 28, 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 July 3, 2012. 17.Bank of America. N.A. vs. Zoila Suarez. et al., Case No. 12-24906 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 11283 SW 230 Terrace, Miami, Florida. The Summons and Complaint were served on the City on June 28, 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 July 3, 2012. 18.Deutsche Bank National Trust vs. Maria Garcia, et al., Case No. 12-25455 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 3702 SW 153 Place, Miami, Florida. The Summons and Complaint were served on the City on July 6, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes will be timely filed. JS:Ir F:\ATTO\AAOFF\AAOFF\FILE.#S\Status report CAO 071812.doc 881 THIS PAGE INTENTIONALLY LEFT BLANK 882 R10-City Attorney Reports R108 Notice Of Closed Executive Session Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During Recess Of The City Commission Meeting On Wednesday, July 18, 2012, In The City Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To Collective Bargaining. . Agenda Item RIDS 883 Date 7-t 'l-/7< THIS PAGE INTENTIONALLY LEFT BLANK 884 m MIAMI BEACH -=- City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Matti Herrera Bower Members of the City Commission Interim City Manager Kathie G. Brooks July 18, 2012 Closed Attorney-Client Session Pursuant to §286.011, Florida Statutes, the City Attorney hereby advises the Mayor and City Commission that he desires advice concerning the following pending litigation matter: The City of Miami Beach, Florida vs. Ultra Music Festival Corp. Eleventh Judicial Circuit of Florida, General Jurisdiction, Case No.: 11-03908 CA 02 Therefore, a private closed Attorney-Client Session will be held during the lunch recess of the City Commission meeting on July 18, 2012, in the City Manager's Large Conference Room, Fourth Floor, City Hall, to discuss settlement negotiations and/or strategy related to litigation expenditures with regard to the above-referenced litigation matters. The following individuals will be in attendance: Mayor Matti Herrera Bower; Members of the City Commission: Jorge Exposito, Michael Gongora, Jerry Libbin, Edward Tobin, Deede Weithorn and Jonah Wolfson; Interim City Manager Kathie G. Brooks, City Attorney Jose Smith, and First Assistant City Attorney Steven Rothstein. JS/SHR!mem F:\A TIO\SMIJ\attorney client session \Attorney-Client Session-Ultra Music Festival 7 -18-2012.doc Agenda Item RtOC.. Date 7-f'l ~ f 7_ 885 THIS PAGE INTENTIONALLY LEFT BLANK 886 REPORTS AND INFORMATIONAL ITEMS 887 -:::s 0' --C'D 3 t/) Reports and Informational Items (see LTC #172-2012) 889 THIS PAGE INTENTIONALLY LEFT BLANK 890 891 :::c c )> Commission Agenda, July 18, 2012 Miami Beach Redevelopment Agency City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive July 18, 2012 Chairperson of the Board Matti Herrera Bower Member of the Board Jorge Exposito Member of the Board Michael G6ngora Member of the Board Jerry Libbin Member of the Board Edward L. Tobin Member of the Board Deede Weithorn Member of the Board Jonah Wolfson Interim Executive Director Kathie G. Brooks 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 (RDA), Authorizing The Executive Director, Or Her Designee, To Select, Negotiate, Award And Reject All Bids, Contracts, Agreements, Purchase Orders, Change Orders And Grant Applications; Renew Existing Contracts Which May Expire; And Terminate Existing Contracts, As Needed, From The Last RDA Meeting On July 18, 2012, Until The First Regularly Scheduled RDA Meeting On September 12, 2012, Subject To Ratification By The RDA At Its First Regularly Scheduled Meeting On September 12, 2012. Joint City Commission & Redevelopment Agency (Procurement) 23 893 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 894 REDEVELOPMENT AGENCY SUMMARY Condensed Title: A Resolution Authorizing Executive Director, Or Her Designee To Select, Negotiate, Award And Reject All Bids, Contracts, Agreements, Purchase Orders, Change Orders And Grant Applications; Renew Existing Contracts Which May Expire, And Terminate Existing Contracts As Needed From The Last City RDA Meeting On July 18, 2012, Until The First Regularly Scheduled RDA Meeting On September 12, 2012, Subject To Ratification By The RDA At Its First Regularly Scheduled Meeting On September 12, 2012. Key Intended Outcome Supported: August Recess Authorization Supports All City Key Intended Outcomes. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: j Whether to Adopt the Resolution? Item Summary/Recommendation: Between the last meeting on July 18, 2012, and the first regularly scheduled meeting on September 12, 2012, the RDA will not be in session. During this period there may be bids or contracts in excess of the $25,000, which may need to be rejected, awarded or terminated. Based on the above, it is requested, that the Executive Director, or her designee, be authorized to sign all contracts, agreements, purchase orders, change orders, and grant applications; renew any existing contracts, for an appropriate period of time; terminate existing contracts, as needed, from the last RDA meeting on July 18,2012, until the first regularly scheduled RDA meeting on September 12,2012, subject to ratification by the RDA at its first regularly scheduled meeting on September 12, 2012. ADOPT THE RESOLUTION. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Raul Aguila, ext. 6475 s· Off Jgn-s: /) Department Director Assi •vr ·p Manager C~ty;Manager RA PDW --KGB 'Vh :\AGENDA\2012\7-18-12\August Recess Summa T ~ RDA.doc T MIAMI BEACH AGENDA ITEM ._.,._/..:-A-__ 895 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 Redevelo,ent Agency Kathie G. Brooks, Interim Executive Direct~/'~· July 18, 2012 A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA), AUTHORIZING THE EXECUTIVE DIRECTOR, OR HER DESIGNEE, TO SELECT, NEGOTIATE, AWARD AND REJECT ALL BIDS, CONTRACTS, AGREEMENTS, PURCHASE ORDERS, CHANGE ORDERS AND GRANT APPLICATIONS; RENEW EXISTING CONTRACTS WHICH MAY EXPIRE; AND TERMINATE EXISTING CONTRACTS, AS NEEDED, FROM THE LAST RDA MEETING ON JULY 18, 2012, UNTIL THE FIRST REGULARLY SCHEDULED RDA MEETING ON SEPTEMBER 12, 2012, SUBJECT TO RATIFICATION BY THE RDA AT ITS FIRST REGULARLY SCHEDULED MEETING ON SEPTEMBER 12,2012. RECOMMENDATION Adopt the Resolution. BACKGROUND Between the last meeting on July 18, 2012, and the first regularly scheduled meeting on September 12, 2012, the RDA will not be in session. During this period there may be bids or contracts in excess of the $25,000, which may need to be rejected, awarded or terminated. Based on the above, it is requested, that the Executive Director, or her designee, be authorized to sign all contracts, agreements, purchase orders, change orders, and grant applications; renew any existing contracts, for an appropriate period of time; terminate existing contracts, as needed, from the last RDA meeting on July 18, 2012, until the first regularly scheduled RDA meeting on September 12, 2012, subject to ratification by the RDA at its first regularly scheduled meeting on September 12, 2012. Since this authorization is necessary to ensure that essential services and projects continue during the period between the last RDA meeting on July 18, 2012, until the first regularly scheduled RDA meeting on September 12, 2012, it is recommended that the RDA adopt this Resolution. T:\AGENDA\2012\7-18-12\August Recess Memo RDA.doc 896 RESOLUTION TO BE SUBMITTED 897 THIS PAGE INTENTIONALLY LEFT BLANK 898